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Home My WebLink AboutAgenda 04-03-07 City CouncilA G E N D A #2706 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK CITY HALL COUNCIL CHAMBERS TUESDAY, APRIL 3, 2007 AT 5:00 P.M. 3:00-3:15 PM PRESENTATION BY PRESCOTT REALTY REGARDING LAND SWAP AT PEEK CENTER 3:15-4:00 PM EXECUTIVE SESSION: CONSULTATION WITH CITY ATTORNEY REGARDING DELIBERATION ON REAL PROPERTY, SECTIONS 551.071 & 551.072, GOVERNMENT CODE 4:00-5:00 PM WORK SESSION FOR AGENDA REVIEW I.INVOCATION – Fire Chief David Ledbetter II.PLEDGE OF ALLEGIANCE – Fire Chief David Ledbetter/Boy Scouts III.INTRODUCTION OF COUNCIL – Mayor James H. Holmes, III IV.INTRODUCTION OF STAFF – City Manager Bob Livingston V.AWARDS AND RECOGNITION PRESENTATION: Cookbook Funds to United Way - Smith PRESENTATION: Leadership University Park Class Gift - Smith VI.CONSENT AGENDA A.CONSIDER: Rental Request from Covenant School for Williams Park – Bradley Page 3 B.CONSIDER: Ordinance Prohibiting Parking on North Side McFarlin Blvd. between Williams Parkway and Preston Road – Smallwood Page 4 C.CONSIDER: Purchase of Chevrolet Impala as Police Warrant Officer Vehicle – Green Page 8 D.CONSIDER: Purchase of FF&E Products Related to City Hall Renovation, Temporary Police Department and New Dispatch Facility at Peek Service Center – Green/Smith Page 11 E.CONSIDER: Interlocal Agreement between City of University Park and Town of Addison for Use of Detention and Jail Facilities – Adams Page 52 F.CONSIDER: Interlocal Agreement between City of University Park and Town of Highland Park for Use of Detention Facilities – Adams Page 58 G.CONSIDER: Final Payment to Jeske Construction Co. for Turtle Creek Box Culvert for City Hall Expansion, Project 43710 – Smallwood Page 64 H.CONSIDER: Resolution Endorsing Cities Aggregation Power Project Legislative Agenda – Austin Page 66 I.CONSIDER: Approval of Interlocal Participation Agreement and Resolution with The Local Government Purchasing Cooperative (BuyBoard) – Green Page 71 J.CONSIDER: Approval of City Council Meeting Minutes for March 6, 2007 – Wilson Page 79 VII. MAIN AGENDA A.CONSIDER: Request for Multiway Stop Sign at Intersection of Milton and Durham – Smallwood Page 84 B.CONSIDER: Ordinance Abandoning Portion of Alley Right-of-Way Abutting Property Owner at 3116 Rosedale – Speer Page 97 C.CONSIDER: Ordinance Prohibiting Parking 7 A.M. – 5 P.M. School Days on East Side of High School Street, Asbury South to Alley – Speer Page 105 D.CONSIDER: Reservation Request for Curtis Park from Watermark Church – Bradley Page 108 E.CONSIDER: Ordinance Regulating Residency of Sex Offenders – Adams Page 110 F.CONSIDER: Ordinance Detailing Terms of Boundary Adjustment Agreement with City of Dallas – Smallwood Page 124 G.CONSIDER: Approval of Scope of Services for Dan Sefko and Associates to amend Comprehensive Zoning Ordinance, Prepare Subdivision Ordinance and Related Services, Authorize City Manager to Sign Contract for Specified Services – Persaud Page 131 H.CONSIDER: Approval of Bid and Award of Contract to Rebcon, Inc. for Northwest Parkway Screening Wall, Project No. 21800 – Smallwood Page 143 I.CONSIDER: Ordinance Revising Code of Ordinances Section 11.312: Waste of Water Unlawful; Implementation of Water Conservation Requirements - Corder Page 151 J.CONSIDER: Ordinance Providing for Staging of Dumpsters on Private Property – Persaud Page 155 K.CONSIDER: Ordinance Adopting Amendments for 2006 International Codes and 2005 National Electric Code – Persaud Page 159 L.CONSIDER: Resolution Appointing Zoning Board of Adjustment as Board of Appeals for 2006 International Codes and 2005 National Electric Code Adopted by City – Persaud Page 257 M.CONSIDER: Ordinance Amending FY2007 Budget – Austin Page 260 N.CONSIDER: Furniture Rental for Temporary Police Department Facility and Resolution to Exempt Lease from Competitive Bidding Statute – Green/Smith Page 275 VIII. ITEMS FROM THE FLOOR Anyone wishing to address an item not on the Agenda or having questions about items on the Consent Agenda should do so at this time. Questions and comments regarding Main Agenda items should be made when that item is addressed by the City Council. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into Closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein AGENDA MEMO (04/03/07 AGENDA) DATE: March 26, 2007 TO: Honorable Mayor and Members of the City Council FROM: Gerry Bradley, Director of Parks SUBJECT: The Covenant School - Reservation Request BACKGROUND: Staff has received a request from The Covenant School to reserve Williams Park Thursday, May 17, 2007(not May 25, 2007 as for a picnic event scheduled for shown on attached letter) from 5:30 p.m. until 8:30 p.m. This is an annual event and The Covenant School anticipates 550 participants to be in attendance. Staff has worked with this group on an annual basis and to date has had no problems with this group. RECOMMENDATION: In the event that City Council considers approving The Covenant School’s request, staff recommends that the following items be considered: The Covenant School will pay a Park Usage Fee of $500.00 plus a ? two (2) refundable $250.00 security deposit. Deposit must be received weeks prior to the event. All trash must be consolidated for pick-up at an agreed location. ? The Covenant will be responsible for providing two (2) portable rest ? rooms for group of this size. Consider moving the event to Curtis Park next year with adequate parking ? and amenities. ATTACHMENTS: Letter of request from The Covenant School AGENDA MEMO (04-03-07 AGENDA) DATE: March 30, 2007 TO: Bob Livingston City Manager FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Consider Ordinance No ___ prohibiting parking along the north side of McFarlin Blvd, between Williams Parkway and Preston Road. Background. Parking has been prohibited along the north curb of McFarlin, Williams Parkway west to Preston Road, for the past two years. This was accomplished by a temporary order of the Police Chief because of the construction of the box culvert, which closed east/west traffic on University Blvd for several months. This action allowed the emergency vehicles a relatively unencumbered (cars parked along the north curb) route to Preston. Because of continued construction of City Hall, the Chief has renewed the 90-days order on numerous occasions. The current prohibition of parking has resulted in no negative feedback from the adjacent property owners. The attached ordinance would make the NO PARKING ANYTIME restriction permanent. The head-in parking along the south side of Highland Park Presbyterian Church would not be impacted, because those spaces are north of (behind) the curb. Discussion. Staff recommends City Council approval of the enabling ordinance. ORDINANCE NO. ___________________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARKING AT ANY TIME ON THE NORTH SIDE OF MC FARLIN BOULEVARD BETWEEN WILLIAMS PARKWAY AND PRESTON ROAD; PROVIDING FOR THE ERECTION OF SIGNS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, parking on the north side of McFarlin Boulevard between Williams Parkway and Preston Road creates an obstruction for traffic; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That it shall be unlawful and an offense for any person to leave, stand or park any motor vehicle at any time on the north side of McFarlin Boulevard from the point of its intersection with Williams Parkway to the point of its intersection with Preston Road, at any time. SECTION 2 . That all ordinances of the City of University Park in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. SECTION 4. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be subject to a fine not to exceed the sum of two hundred dollars ($200.00) for each offense. 14610 SECTION 5. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. The parking restrictions set out herein shall not be effective until appropriate signs giving notice thereof shall have been erected as provided by the Code of Ordinances. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of April 2007. APPROVED: ____________________________________ JAMES H. HOLMES III, MAYOR ATTEST: ____________________________________ NINA WILSON, CITY SECRETARY APPROVED AS TO FORM: _______________________________ CITY ATTORNEY (RLD/3-05-07/14610 14610 ORDINANCE NO. ___________________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARKING AT ANY TIME ON THE NORTH SIDE OF MC FARLIN BOULEVARD BETWEEN WILLIAMS PARKWAY AND PRESTON ROAD; PROVIDING FOR THE ERECTION OF SIGNS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of April 2007. APPROVED: ____________________________________ MAYOR ATTEST: ____________________________________ CITY SECRETARY 14610 AGENDA MEMO (4/3/07 AGENDA) DATE: March 28, 2007 TO: Honorable Mayor and City Council FROM: Christine Green, Purchasing Agent SUBJECT: Cooperative Purchase of Chevrolet Impala Police Package Following are memos from Jim Gau, Jr., Fleet Manager, and Gary Adams, Chief of Police, regarding the proposed purchase of a 2007 Chevrolet Impala Police Package vehicle. This vehicle will replace a 2000 Ford Crown Victoria used by the Warrant Officer. We solicited three prices on this vehicle as follows: Purchasing CooperativeVendorPrice BuyBoard Caldwell Country $17,337.00 GM Fleet Holiday Chevrolet $18,193.00 HGAC Caldwell Country $21,009.00 I asked Caldwell Country why there is a $3672 price difference between the BuyBoard contract and the HGAC contract for the same vehicle. Caldwell Country said that the BuyBoard contract was awarded several months before the HGAC contract, and they were able to secure a lower price from the manufacturer at that time. RECOMMENDATION: Staff recommends purchasing the Impala through the BuyBoard in the total amount of $17,337.00. AGENDA MEMO (03/06/2007 AGENDA) DATE: February 27, 2007 TO: Honorable Mayor and City Council FROM: Gary W. Adams, Chief of Police SUBJECT: Early Replacement of Police Department Vehicle Item: The University Park Police Department currently has only one Ford Crown Victoria remaining in its fleet. Said vehicle is not scheduled for replacement until the calendar year 2010. Because of concerns about rear end collisions and recent officer deaths attributed to the design of the Ford Crown Victoria, and gas tank ruptures and fires, the University Park Police Department requests to replace this vehicle earlier then scheduled. The replacement will not be another Ford Crown Victoria. Funding for this has been made available through line item transfers in the current police department budget. A total of $5,022.00 has been transferred to fleet maintenance to make this request possible, should council approve. Recommendation: Staff recommends approval of this request. City of University Park 4420 Worcola Dallas, Texas 75206 Equipment Services March 29, 2007 Gary Adams, Police Chief Kent Austin, Finance Director Christine Green, Purchasing Agent Joel Holley, Warrant Officer Attached please find the requisition for a 2007 Chevrolet Impala Police Package vehicle. This unit replaces unit 6629, a 2000 Ford Crown Victoria. The unit will be delivered with dark metallic blue exterior paint and regular wheel covers to provide better blending with other vehicles. The unit is equipped with power drivers seat, power windows, power locks, tilt wheel, cruise control, am/fm/cd radio, rear window de-fogger, 40/20/40 front seat, and air conditioning, and full size spare tire. Please sign the requisition and forward for processing for purchase if you are satisfied with this unit as specified. Let me know if you have any questions. Sincerely, Jim Gau Jr. Fleet Manager AGENDA MEMO (4/3/07 AGENDA) DATE: March 28, 2007 TO: Honorable Mayor and City Council FROM: Christine Green, Purchasing Agent, & Kate Smith, Assistant to the City Manager SUBJECT: Purchase of FF&E products related to City Hall renovation, temporary Police Department, and new dispatch facility at Peek Service Center BACKGROUND: For the past several months, we have been working with three vendors on the purchase of FF&E products related to City Hall renovation, temporary Police Department, and new dispatch facility at the Peek Service Center. These three vendors include: Business Interiors for the purchase of new furniture, Tandus US/C&A Floorcoverings, Inc. for modular carpet for City Hall, and Gear Grid for lockers in the Fire Department bay. Detail for each section is provided below. PRODUCTS FOR PEEK SERVICE CENTER A.New furniture for dispatch facility and temporary Police Department An alternate dispatch facility and temporary Police Department has been constructed at the Peek Service Center. After renovation of the building is complete, dispatch and the Police Department will move back to City Hall and the dispatch facility at Peek will serve as a back-up. The temporary Police Department will become an Emergency Operations Center. Business Interiors has worked with us along with Communications Supervisor Denise Rencher, Information Services Director Jim Criswell and other staff on the layout for furniture that will remain permanently in this space. The majority of the furniture in the temporary Police Department will be rented; however a few storage pieces will be purchased and are included in this quote. Business Interiors submitted a quote in the amount of $16,050.50 for the products detailed in Attachment A. The pricing submitted is through TXMAS and US Communities Cooperative Purchasing Agreements and satisfies all competitive bidding requirements. See Attachment A for quote. PRODUCTS FOR CITY HALL B.Modular carpet for City Hall The attached quote from Tandus US/C&A Floorcoverings, Inc is for all modular carpet for City Hall (the addition and existing building). Interior Designer Onesia Rigney selected the three different patterns to be used. The modular carpet will be installed in the following locations: Fire Department day room, dorm rooms and offices, Police, Finance, and IS Department offices, and conference rooms and corridors on the second floor. Tandus US/C&A submitted a quote in the amount of $107,407.55. This includes three patterns of modular carpet, rubber base board, installation, contingency for floor prep, moisture kits, and testing and an overage amount of each pattern. This pricing is based on The Cooperative Purchasing Network (TCPN, #R4635) which satisfies all competitive bidding requirements. See Attachment B for quote. C.Lockers for Fire Department Bay The Fire Department requested special wall-mounted lockers to store their bunker gear in the Fire Bay. We received a quote for 36 lockers from Gear Grid in Minnesota in the amount of $9,014.00. Gear Grid manufactures locker systems specifically for Fire Departments. The lockers have an open design made of heavy duty steel tubing and mesh with a powder coated finish to allow damp gear to dry faster. This product is unique in function and appearance, so we were not able to solicit competitive quotes. See Attachment C for quote, a sole source letter from Gear Grid, and a photo of the locker system. D.Furniture for City Hall addition (Phase I) Business Interiors has been working with Interior Designer Onesia Rigney and numerous City Staff to identify furniture product and provide detailed furniture plans for City Hall. The attached quote includes furniture for the addition to City Hall only (Phase I). It does not include any furniture for the existing building (Phase 2). The furniture for Phase 2 will be ordered in conjunction with completion of that portion of the project to eliminate storage costs. The Phase 1 order includes furniture for the Fire Department, Finance Department, break room, mail room and storage rooms. Business Interiors submitted quotes for Phase 1 for a total amount of $143,580.10 (Floor 1 quote, $23,640.99 + Floor 2 quote, $95,148.99 + Fire dorm room furniture, $24,790.12). This amount includes receiving, delivery to the site, and product installation. The pricing submitted is through TXMAS and US Communities Cooperative Purchasing Agreements and satisfies all competitive bidding requirements. See Attachment D for quotes. RECOMMENDATION: Staff recommends approval of the purchase of the items detailed above. ATTACHMENTS: A. Quote from Business Interiors for new furniture for the dispatch center and temporary Police Department at the Peek Service Center. B. Quote from Tandus US/C&A Floorcoverings, Inc. for all modular carpet for City Hall. C. Quote from Gear Grid for lockers for the Fire Department bay, a sole source letter from Gear Grid, and a photo of the locker system. D. Quotes from Business Interiors for furniture for City Hall addition (Phase I). ATTACHMENT A Quote from Business Interiors for new furniture for the dispatch center and temporary Police Department at the Peek Service Center ATTACHMENT B Quote from Tandus US/C&A Floorcoverings, Inc. for all modular carpet for City Hall ATTACHMENT C Quote from Gear Grid for lockers for the Fire Department bay, a sole source letter from Gear Grid, and a photo of the locker system GEAR GRID QUOTE Date:Quote #03/29/07022607-04 To:Ship to: Christine L. Green, C P MCity of University Park City of University Park Project:Fire Department University Park, TX 75205 Phone #Call Ahead To:(214) 987-5480 cgreen@uptexas.org Fax #Email(214) 987-5499 We are pleased to submit the following quotation on the products described below: QtyDescriptionUnit PriceTotal 1402009 GEARGRID Wall Mount Locker, 20" wide, 9 openings$ 1,764.001,764.00$ 1402027 GEARGRID Wall Mount Locker, 20" wide, 27 openings$ 5,197.005,197.00$ 36401012 GEARGLOVE Glove Drying Hanger$ 288.008.00$ 36401013 GEARDRYER Coat Drying Hanger$ 288.008.00$ 36401020 GEARHANGER Horizontal Hanging Bar 20"$ 468.0013.00$ 36401022 GEARGRID Helmet Holder, Powder Coated$ 288.008.00$ $ - $ - $ - $ - Freight FOB Forest Lake, MNFreight $ 748.00 Color To be determinedTax-$ Total9,041.00$ does not This quote include nameplates. Please source locally. cannot This quote does not include doors, which be added later. City of University Park Assembly/Installation provided by: GEAR GRID Terms: Local Fire Departments, Government Agencies and General Contractors: Net 30 Days upon approved credit. Distributors and Division 10 Suppliers: 30% down payment with purchase order, 65% payment prior to shipment, balance Net 30 Days or Visa/MC/ Amex accepted Quotation is valid for 90 days. 4 Delivery: Approx. weeks after receipt of order. Mid-Minnesota Wire & Mfg. Inc. by: Renee Alexander Quotation accepted and ordered by: Date: 670 SW 15th Street, Forest Lake, MN 55025 ~ (651) 464-4468 ~ Fax (651) 464-4780 ATTACHMENT D Quote from Business Interiors for furniture for City Hall addition (Phase I) Ï«±¬¿¬·±² Ð¿¹» ï ±º ì Ï«±¬»Ï«±¬»Ý«¬±³»®ß½½±«²¬Ð®±¶»½¬ Ò«³¾»®Ü¿¬»Ý«¬±³»® Ñ®¼»® Ò«³¾»®Ò«³¾»®Î»°®»»²¬¿¬·ª»Ò«³¾»® íèííïçðíñîçñðéïÍÌ ÚÔÑÑÎ ÐØßÍÛ ïÛ²¬»®°®·»èèîïîë ÝØÎ×ÍÌ×ÒÛ ÙÎÛÛÒ ÝÐÓÝØÎ×ÍÌ×ÒÛ ÙÎÛÛÒ ÝÐÓ ÏËÑÌÛ ÌÑæÍØ×Ð ÌÑæ Ý×ÌÇ ÑÚ ËÒ×ÊÛÎÍ×ÌÇ ÐßÎÕÝ×ÌÇ ÑÚ ËÒ×ÊÛÎÍ×ÌÇ ÐßÎÕ íèðð ËÒ×ÊÛÎÍ×ÌÇ ÞÔÊÜò íèðð ËÒ×ÊÛÎÍ×ÌÇ ÞÔÊÜò ËÒ×ÊÛÎÍ×ÌÇ ÐßÎÕô ÌÈ éëîðëËÒ×ÊÛÎÍ×ÌÇ ÐßÎÕô ÌÈ éëîðë Ðæ îïìòçèéòëìèð Ðæ îïìòçèéòëìèð Úæ îïìòçèéòëìçç Úæ îïìòçèéòëìçç Ì»®³æ ÒÛÌ ÜËÛ ËÐÑÒ ÎÛÝÛ×ÐÌ Ë²·¬Û¨¬»²¼»¼ Ô·²»Ï«¿²¬·¬§Ý¿¬¿´±¹ Ò±ò ñ Ü»½®·°¬·±²Ð®·½»ß³±«²¬ ÞËÍ×ÒÛÍÍ ×ÒÌÛÎ×ÑÎÍ ×Í ÐÔÛßÍÛÜ ÌÑ ÐÎÛÍÛÒÌ ÌØ×Í ÏËÑÌßÌ×ÑÒ ÚÑÎ ÌØÛ Ú×ÎÍÌ ÚÔóÐØßÍÛ ï ööööööööööööööööööööööööööööööööööööööööööööööööö ÐÎ×ÝÛÍ ÏËÑÌÛÜ ßÎÛ ÜÛÔ×ÊÛÎÛÜ ßÒÜ ×ÒÍÌßÔÔÛÜ ÜËÎ×ÒÙ ÒÑÎÓßÔ ÉÑÎÕ×ÒÙ ØÑËÎÍå ÓóÚô èßÓóëÐÓò 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ÌÑÐ ÉÙØÌ ÐÕÙ öÑÐÌæÝÑËÒÌÛÎÉÛ×ÙØÌ ÐÕÙ ÒÑ ÉÙØÌ ÒÑ ÝÑËÒÌÛÎÉÌ ÐÕÙ Ì¿¹ Ú±®æÔÚñíê ïïíèòððïîêîðïÍìíçòêîíôëïêòçê ÝØß×ÎóßÎÓÍôËÐØ ÍÛßÌ ÑÒÔÇô ÐÒÛË ÚßÞÎ×Ý æéìïé ÞËÆÆ î ëÚïé ÞÔßÝÕ ÚÑßÓ æðððê Ú×ÎÛ ÝÑÜÛ ÍÛßÌ×ÒÙóÝßÔ ïïé ÞßÍÛ æððïì ÓßÌÌÛ ÞÔßÝÕ ÝßÍÌÛÎÍ æêððï ÝßÎÐÛÌ ÝßÍÌÛÎ ÍØÛÔÔ æîðîï ÞÔßÝÕ ÍØÛÔÔ ÍÛßÌÚÑßÓæÍÌÜ ÍÌßÒÜßÎÜ ÍÛßÌ ÚÑßÓ Ì¿¹ Ú±®æÕßÎÌ Í«¾ Ì±¬¿´ èêôíéèòçç ÚÎÛ×ÙØÌ ÚÑÎ ÜÎßÚÌ×ÒÙ ÌßÞÔÛïîðòðð ×ÒÍÌßÔÔßÌ×ÑÒèôêëðòðð Ï«±¬¿¬·±² Ð¿¹» îð ±º îð Ï«±¬»Ï«±¬»Ý«¬±³»®ß½½±«²¬Ð®±¶»½¬ Ò«³¾»®Ü¿¬»Ý«¬±³»® Ñ®¼»® Ò«³¾»®Ò«³¾»®Î»°®»»²¬¿¬·ª»Ò«³¾»® íèííîçðíñîçñðéîÒÜ ÚÔÑÑÎó ÐØßÍÛ ïÛ²¬»®°®·»èèîïîë Ë²·¬Û¨¬»²¼»¼ Ô·²»Ï«¿²¬·¬§Ý¿¬¿´±¹ Ò±ò ñ Ü»½®·°¬·±²Ð®·½»ß³±«²¬ ÒÑÒ ÌßÈßÞÔÛðòðð Ù®¿²¼ Ì±¬¿´çëôïìèòçç öööööööÛ²¼ ±º Ï«±¬¿¬·±²ööööööö AGENDA MEMO (04/03/2007 AGENDA) DATE: March 21, 2007 TO: Honorable Mayor and City Council FROM: Gary W. Adams, Chief of Police SUBJECT: Inter-local Agreement between the City of University Park and the Town of Addison, Texas, for Use of Detention and Jail Facilities Background/Analysis The City of University Park’s Police Department will be closing its temporary holding facility for arrested persons during the remodeling phase of city hall. It is expected that the holding facility will be closed for up to one year, or longer. In order to have a facility to hold arrested persons, the University Park Police Department has worked out an inter-local agreement with the Town of Addison Police Department, which allows University Park to use the Addison Jail. This agreement is necessary in that there is no other holding facility located in the City of University Park; a temporary holding facility was not included in the temporary police facilities to be located at the Peek Center (which is in the law enforcement jurisdiction of the Dallas, Police Department); Dallas has no municipal jail facility to offer; and the Dallas County Jail is full most of the time and will not accept municipal prisoners. It should be noted that juveniles will be able to be held at the temporary facility of the University Park Police Department at the Peek Center in a holding room for a few hours but not for any extended period of time and certainly not over night. In the event a juvenile is arrested, who requires holding for any significant length of time, that juvenile will be transported to the Dallas County Juvenile Detention Facility. Recommendation Staff recommends that the City of University Park enter into an inter-local agreement with the Town of Addison in order to temporarily hold arrested persons. As this is an inter-local agreement between the two entities, it is also recommended that the Town of Addison be allowed to use the University Park holding facility, when and if needed, at a time when the University Park holding facility is open and back in service. Attachments: ? Interlocal Agreement between the City of University Park and the Town of Addison, Texas. STATE OF TEXAS § § COUNTY OF DALLAS § INTERLOCAL AGREEMENT BETWEEN THE TOWN OF ADDISON AND THE CITY OF UNIVERSITY PARK FOR THE USE OF DETENTION FACILITIES WHEREAS, the Town of Addison, Texas, a Texas municipal corporation (hereinafter called “Addison”), has among its purposes the ownership, maintenance, and operation of a jail (the “Addison Jail”); and WHEREAS, the City of University Park, Texas, a Texas municipal corporation (hereinafter called “University Park”), has among its purposes the ownership, maintenance, and operation of a temporary holding facility (the “University Park Temporary Holding Facility”); and WHEREAS, Addison and University Park recognize that, at times, it may be necessary for University Park to temporarily house University Park municipal prisoners within the Addison Jail; and WHEREAS, Addison and University Park recognize that, at times, it may be necessary for Addison to temporarily house Addison municipal prisoners within the University Park Temporary Holding Facility; and WHEREAS, the Addison Police Department agrees to provide space in the Addison Jail, if available, to the University Park Police Department when the University Park Temporary Holding Facility cannot be used; and WHEREAS, the University Park Police Department agrees to provide space in the University Park Temporary Holding Facility, if available, to the Addison Police Department when the Addison Jail cannot be used. WHEREAS, Addison and University Park desire to enter into an agreement for the temporary use, if available, of each other’s jail/holding facility; and WHEREAS, Chapter 791, the Interlocal Cooperation Act, of the Texas Government Code provides authorization for a local government to contract with one or more other local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, police protection and detention services are governmental functions and services pursuant to § 791.003 of the Act; NOW, THEREFORE, this Interlocal Agreement (“Agreement”) is hereby made and entered into by Addison and University Park for the mutual consideration stated herein: W I T N E S S E T H: I. The above and foregoing premises to this Agreement are true and correct and are incorporated herein and made a part hereof. II. In regards to this Agreement and the use of the other municipality’s jail/temporary holding facility, the following applies: prisoners of the Addison Police Department will be defined as any prisoner who cannot be incarcerated in the Addison Jail due to unusual circumstances regarding the jail facility itself or the operation of the jail facility. Likewise, prisoners of the University Park Police Department will be defined as any prisoner who cannot be incarcerated in the University Park Temporary Holding Facility due to unusual circumstances regarding the holding facility itself or the operation of the holding facility. III. Unusual circumstances that might lead either municipality’s police department to request temporary use of the other municipality’s jail/temporary holding facility may include but are not limited to the following: (1) construction or remodeling, (2) fire, (3) utility problems, (4) structural issues, (5) other operational issues as determined and agreed on by the Chiefs of Police of both agencies. IV. Detention staff from the requesting department will be assigned to the detention facility of the host department to handle the prisoners from their respective department. Realizing that differences in procedures exist, the procedures of the host department will control. V. The requesting department will supply food for its prisoners or will pay the cost of each meal the host department provides to the requesting department’s prisoners based on the actual cost of the meal. VI. The requesting department will pay for any medical costs associated with that department’s prisoners. Likewise, the requesting department will pay for any facility damage costs resulting from the housing of that department’s prisoners. VII. If the host department incurs personnel costs specifically for the requesting department’s prisoners, those costs will be reimbursed by the requesting department. VIII. The requesting department will collect all fines/bonds for its prisoners. If the money is collected at the location of the requesting department, the requesting department will notify the host department immediately that the prisoner is eligible for release. Notification shall first be made by telephone and immediately followed by notification via teletype or facsimile. IX. Payments shall be made to the following addresses: To Addison: To University Park: Town of Addison City of University Park Finance Department Attention: Accounts Payable 5350 Belt Line Road 3800 University Blvd. Dallas, Texas 75240-7682 University Park, Texas 75205-1711 X. This Agreement is solely for the benefit of the parties hereto and is not intended to and shall not create or grant any rights, contractual or otherwise, to any other person or entity. XI. This Agreement may not be assigned or transferred by any party without the prior written consent of the other party. XII. This Agreement has been duly executed and delivered by all parties and constitutes a legal, valid and binding obligation of the parties, their successors and permitted assigns. Each person executing this Agreement on behalf of the entity represented warrants that the person has full right and authority to enter into this Agreement. XIII. This Agreement may not be amended except in a written instrument specifically referring to this Agreement and signed by the parties hereto. XIV. Notwithstanding any other provision of this Agreement, this Agreement shall be expressly subject to the governmental immunity of Addison and University Park, Title 5 of Texas Civil Practice and Remedies Code, and all applicable federal and state law. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. Exclusive venue for any legal action regarding this Agreement filed by either Addison or University Park shall be in Dallas County, Texas. The parties to this agreement hereby state and represent that each of the parties hereto paying for the performance of the governmental services provided are making those payments and incurring those costs from current revenues available to each of the respective parties. XV. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. XVI. In the event that one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein, and such provision shall not affect the remaining provisions of this Agreement, which shall remain in full force and effect. XVII. This Agreement embodies the complete agreement of the parties, superseding all oral or written previous and contemporary agreements between the parties relating to matters in this Agreement and, except as otherwise provided herein, cannot be modified without written supplemental agreement of the parties to be attached to and made a part of this Agreement. XVIII. This Agreement becomes effective upon the date of its execution, which execution date is deemed to be the date the last of the parties signs this Agreement, and shall continue unless terminated by either party giving notice as required herein. XIX. This Agreement may be terminated by either party upon written notice given by either municipality’s Chief of Police not less than five (5) days before the termination date stipulated in the notice. XX. Any notice provided for in this Agreement to be given by either party to the other shall be required to be in writing and shall be deemed given when personally delivered, or three (3) business days after being deposited in the United States Mail, postage prepaid, certified, return receipt requested, or registered addressed as follows: To Addison: To University Park: Town of Addison City of University Park Ron Davis Gary W. Adams Chief of Police Chief of Police P.O. Box 9010 3800 University Blvd. Addison, Texas 75001 University Park, Texas 75205 Either party may change its address for notice by giving the other party notice thereof. Executed as of the ______ day of _______________, 2007, hereafter deemed to be the Effective Date of this Agreement. TOWN OF ADDISON CITY OF UNIVERSITY PARK RON WHITEHEAD BOB LIVINGSTON City Manager City Manager By: _____________________________ By: ________________________________ APPROVED AS TO FORM: APPROVED AS TO FORM: KEN DIPPEL, City Attorney ROB DILLARD, City Attorney By: _________________________________ By: ________________________________ STATE OF TEXAS § § COUNTY OF DALLAS § Before Me, the undersigned notary public in and for said county and state, on this _____ day of ____________________, 2007, personally appeared Ron Whitehead known to me to be the identical person who executed the within and foregoing document, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or entity upon behalf of which he acted, executed the instrument, for the uses and purposes therein set forth. ____________________________________ Notary Public, State of Texas Print Name: ________________________ My Commission Expires: ____________________ [SEAL] STATE OF TEXAS § § COUNTY OF DALLAS § Before Me, the undersigned notary public in and for said county and state, on this _____ day of ____________________, 2007, personally appeared BOB LIVINGSTON, known to me to be the identical person who executed the within and foregoing document, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or entity upon behalf of which he acted, executed the instrument, for the uses and purposes therein set forth. ____________________________________ Notary Public, State of Texas Print Name: ________________________ My Commission Expires: ____________________ [SEAL] AGENDA MEMO (04/03/2007 AGENDA) DATE: March 21, 2007 TO: Honorable Mayor and City Council FROM: Gary W. Adams, Chief of Police SUBJECT: Inter-local Agreement between the City of University Park and the Town of Highland Park for Use of Detention Facilities Background/Analysis The City of University Park’s Police Department will be closing its temporary holding facility for arrested persons during the remodeling phase of city hall. It is expected that the holding facility will be closed for up to one year, or longer. In order to have a facility to hold arrested persons, the University Park Police Department has worked out an inter-local agreement with the Town of Highland Park Department of Public Safety, which allows University Park to use the Highland Park holding facility. The cost to the City of University Park will be set at a flat rate of $45.00 per arrested person for up to 72 hours, as Highland Park, like University Park, only operates a temporary holding facility and not a jail. This agreement is necessary in that there is no other holding facility located in the City of University Park; a temporary holding facility was not included in the temporary police facilities to be located at the Peek Center (which is in the law enforcement jurisdiction of the Dallas, Police Department); Dallas has no municipal jail facility to offer; and the Dallas County Jail is full most of the time and will not accept municipal prisoners. It should be noted that juveniles will be able to be held at the temporary facility of the University Park Police Department at the Peek Center in a holding room, for a few hours, but not for any extended period of time, and certainly not over night. In the event a juvenile is arrested, who requires holding for any significant length of time, that juvenile will be transported to the Dallas County, Juvenile Detention Facility. Recommendation Staff recommends that the City of University Park enter into an inter-local agreement with the Town of Highland Park, in order to temporarily hold arrested persons. As this is an inter-local agreement between the two entities, it is also recommended that Highland Park be allowed to use the University Park holding facility, when and if needed, at a time when the University Park holding facility is open and back in service. Attachments: ? Interlocal Agreement between the City of University Park and the Town of Highland Park for the Use of Detention Facilities. STATE OF TEXAS § § COUNTY OF DALLAS § INTERLOCAL AGREEMENT BETWEEN THE TOWN OF HIGHLAND PARK AND THE CITY OF UNIVERSITY PARK FOR THE USE OF DETENTION FACILITIES WHEREAS, the Town of Highland Park, a Texas municipal corporation (hereinafter called “Highland Park”), has among its purposes the ownership, maintenance, and operation of a temporary holding facility; and WHEREAS, the City of University Park, a Texas municipal corporation (hereinafter called “University Park”), has among its purposes the ownership, maintenance, and operation of a temporary holding facility; and WHEREAS, Highland Park and University Park recognize that, at times, it may be necessary for University Park to house University Park detainees within the Highland Park temporary holding facility; and WHEREAS, University Park and Highland Park recognize that, at times, it may be necessary for Highland Park to house Highland Park detainees within the University Park temporary holding facility; and WHEREAS, the Highland Park Department of Public Safety agrees to provide space in the Highland Park temporary holding facility, if available, to the University Park Police Department when the University Park temporary holding facility cannot be used; and WHEREAS, the University Park Police Department agrees to provide space in the University Park temporary holding facility, if available, to the Highland Park Department of Public Safety when the Highland Park temporary holding facility cannot be used; and WHEREAS, Chapter 791, the Interlocal Cooperation Act (the “Act”), of the Texas Government Code provides authorization for a local government to contract with one or more other local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, police protection and detention services are governmental functions and services pursuant to § 791.003 of the Act; and WHEREAS, Highland Park and University Park find that it is in the public interest to enter into this agreement; NOW, THEREFORE, this Interlocal Agreement (“Agreement”) is hereby made and entered into by Highland Park and University Park for the mutual consideration stated herein: 1 WITNESSETH: I. The above and foregoing premises to the Agreement are true and correct and are incorporated herein and made a part hereof. II. In regards to this Agreement and the use of the other municipality’s temporary holding facility, the following applies: detainees of the Highland Park Department of Public Safety will be defined as any detainee who cannot be held in the Highland Park temporary holding facility due to unusual circumstances regarding the temporary holding facility itself or the operation of the temporary holding facility. Likewise, detainees of the University Park Police Department will be defined as any detainee who cannot be held in the University Park temporary holding facility due to unusual circumstances regarding the temporary holding facility itself or the operation of the temporary holding facility. III. For the purposes of this Agreement, the agency making the arrest of the detainee needing housing will be referred to as the ARRESTING AGENCY. The agency receiving the detainee for housing will be referred to as the RECEIVING AGENCY. IV. Unusual circumstances that might lead either municipality’s police department to request use of the other municipality’s temporary holding facility may include but are not limited to the following: (1) construction or remodeling, (2) fire, (3) utility problems, (4) structural issues, (5) other operational issues as determined and agreed by the Chief/Director of both agencies. V. The RECEIVING AGENCY shall accept detainees from the ARRESTING AGENCY until the temporary holding facility reaches the maximum capacity of eight (8) persons. VI. The ARRESTING AGENCY shall deliver the detainee to the designated area of the RECEIVING AGENCY’s temporary holding facility. The RECEIVING AGENCY will provide a sworn employee to process the booking of the detainee into the temporary holding facility. The ARRESTING AGENCY will be responsible to provide a copy of the ARRESTING AGENCY’s arrest report and listing any and all medical conditions, risk factors, or special needs of the detainee. RECEIVING AGENCY will not accept any detainee that requires immediate medical treatment at the time of booking. The RECEIVING AGENCY on-duty supervisor will maintain the right to refuse to accept a detainee based on the immediate detainee’s medical needs, or excessive risk factors, or excessive special needs. The ARRESTING AGENCY will search the detainee for weapons or contraband in the presence RECEIVING AGENCY. ARRESTING AGENCY will be responsible for custody of any evidence and filing all appropriate criminal charges resulting from this search. 2 VII. The RECEIVING AGENCY shall be responsible to inventory and secure all property in possession of the detainee at the time of booking. RECEIVING AGENCY shall return this property to detainee upon release from the temporary holding facility. VIII. The RECEIVING AGENCY shall complete the RECEIVING AGENCY’s booking form and a photograph for positive identification of the detainee. RECEIVING AGENCY will complete a CR-45 ten print fingerprint card for all detainees with misdemeanor Class B or Class A or any felony charges. This CR-45 card will be returned to ARRESTING AGENCY for filing of appropriate paperwork. The detainee shall be allowed to place a local telephone call before entering the holding cell. Telephone usage and the number called shall be documented on the RECEIVING AGENCY booking form. The RECEIVING AGENCY will issue a blanket and mattress to the detainee for use during detention and assign a holding cell, which shall be documented on the booking form. IX. All detainees will appear before a magistrate for arraignment within twenty-four (24) hours of arrival at the temporary holding facility. RECEIVING AGENCY will keep the original of the arraignment form with the booking form and forward a copy of the arraignment form to ARRESTING AGENCY. X. RECEIVING AGENCY will be responsible for feeding of all detainees in the temporary holding facility. RECEIVING AGENCY shall be responsible to secure and administer any prescribed medication or special diets to the detainee. XI. RECEIVING AGENCY shall provide any emergency medical treatment required by the detainee and transport the detainee to Parkland Memorial Hospital. ARRESTING AGENCY shall be responsible for any costs associated with medical treatment or transport to the hospital. The ARRESTING AGENCY shall be responsible for security of the detainee during transport and while at the hospital. XII. The detainee will not receive any visitor while housed at RECEIVING AGENCY with the exception of the detainee’s designated attorney. XIII. All bonds and fines shall be the responsibility of ARRESTING AGENCY. ARRESTING AGENCY shall notify RECEIVING AGENCY by TCIC teletype authorizing release of any detainee. RECEIVING AGENCY will attach a copy of this release teletype to the booking form and maintain the booking form, arraignment form and release teletype according to RECEIVING AGENCY’s retention schedules. 3 XIV. ARRESTING AGENCY shall pay RECEIVING AGENCY forty-five dollars ($45.00) per detainee housed in the RECEIVING AGENCY’s temporary holding facility for up to seventy-two (72) hours of detention. XV. This Agreement becomes effective upon the date of its execution, which execution date is deemed to be the date the last of the parties signs this agreement. The initial term of this Agreement shall commence on the effective date hereof and continue for a period of one year. This Agreement shall automatically renew annually for successive one-year terms unless terminated as provided herein. This agreement may be cancelled at any time by either party by providing thirty (30) days notice to the other party as provided herein. This Agreement may not be amended except by a written statement specifically referring to this Agreement and signed by the parties hereto. This Agreement shall be reviewed annually by the parties and required modifications made as specified above. XVI. This Agreement is solely for the benefit of the parties hereto and is not intended to, and shall not create any rights, contractual or otherwise, to any other person or entity. Notwithstanding this Agreement, each municipality shall maintain control and authority over its own personnel. XVII. This Agreement may not be assigned or transferred by any party without prior written consent of the other party. XVIII. Upon execution. this Agreement constitutes a legal, valid, and binding obligation of the parties, their successors and permitted assigns. Each person executing this Agreement on behalf of the entity represented warrants that the person has full right and authority to enter into this Agreement. XIX. Notwithstanding any other provision of this Agreement, this Agreement shall be expressly subject to the governmental immunity of Highland Park and University Park, Title 5 of the Texas Civil Practice and Remedies Code, and all applicable federal and state law. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. Exclusive venue for any legal action regarding the Agreement filed by either Highland Park or University Park shall be in Dallas County, Texas. The parties to this agreement hereby state and represent that each of the parties hereto paying for the performance of the governmental services provided are making those payments and incurring those costs from current revenues available to each of the respective parties. 4 XX. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which are one and the same instrument. XXI. In the event that one or more provisions contained in the Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein, and such provision shall not affect the remaining provisions of the Agreement, which shall remain in full force and effect. XXII. This Agreement embodies the complete agreement of the parties, superseding all oral or written, previous and contemporary, agreements between the parties relating to matters in this Agreement and, except as otherwise provided herein, cannot be modified without written supplemental agreement of the parties to be attached to and made a part of this Agreement. XXIII. Any notice provided for in this Agreement to be given by either party to the other must be in writing and shall be deemed given when personally delivered, or three (3) business days after being deposited in the United States Mail, postage prepaid, certified, return receipt requested, or registered addressed as follows: To Highland Park To University Park Town of Highland Park City of University Park Darrell L. Fant Gary W. Adams Director of Public Safety Chief of Police 4700 Drexel Drive 3800 W. University Blvd. Highland Park, TX 75205 University park, TX 75205 Either party may change its address for notice by giving the other party notice thereof in accordance with this Agreement. rd Executed as of the 3 day of April 2007, hereafter deemed to be the Effective Date of this Agreement. TOWN OF HIGHLAND PARK CITY OF UNIVERSITY PARK GEORGE PATTERSON BOB LIVINGSTON Town Administrator City Manager By:_______________________ By:________________________ APPROVED AS TO FORM: APPROVED AS TO FORM: ALBERT D. HAMMACK, Town Attorney ROB DILLARD, City Attorney By:________________________ By:_________________________ 5 AGENDA MEMO (4/03/07 AGENDA) DATE: March 28, 2007 TO: Bob Livingston City Manager FROM: Bob Whaling, P.E. City Engineer SUBJECT: Final Payment for Project 43710, Turtle Creek Box Culvert for City Hall Expansion Consent Agenda CONSIDER APPROVAL OF FINAL PAYMENT TO JESKE CONSTRUCTION CO. in the amount of $94,317.84 for work performed and materials furnished for the construction of Project No. 43710 (Turtle Creek Box Culvert for City Hall Expansion). AGENDA MEMO (4/03/07 AGENDA) DATE: March 28, 2007 TO: Bob Livingston City Manager FROM: Bob Whaling, P.E. City Engineer SUBJECT: Final Payment for Project 43710, Turtle Creek Box Culvert for City Hall Expansion The City Council approved a contract in the amount of $3,242,610.90 on June 7, 2005, to Jeske Construction to construct the Turtle Creek Box Culvert for City Hall Expansion The Engineering Department has accepted the completed work. The actual work performed and the material furnished as provided by the contract and change orders brought University Park’s project total to $3,679,391.95 (113.47% of the original contract). Staff recommends final payment for this project in the amount of $94,317.84 be made to Jeske Construction Company. PROJECT COST HISTORY City Council Approved Contract 06/07/2005 $3,242,610.90 100.00% City Council Approved Change Order #1 08/02/2005 $9,257.00 100.29% City Council Approved Change Order #2 09/20/2005 $110,400.00 103.69% City Council Approved Change Order #3 12/13/2006 $61,382.40 105.58% City Council Approved Change Order #4 01/03/2006 $33,419.00 106.61% City Council Approved Change Order #5A 02/21/2006 $13,800.00 107.04% City Council Approved Change Order #5B 08/01/2006 $220,969.00 113.85% The total cumulative value of the contract was increased by $436,781.05 (13.47%) over the original approved contract. AGENDA MEMO (04/03/2007 AGENDA) DATE: March 28, 2007 TO: Honorable Mayor and City Council FROM: Kent R. Austin, Director of Finance SUBJECT: Resolution supporting CAPP legislative agenda Background As you know, University Park is a member of the Cities Aggregation Power Project, or CAPP. Member cities pool their electric load and solicit proposals for the best electric prices. The group uses expert legal and technical resources not only to purchase electricity but also advocate for cities before the State legislature. The CAPP Board has developed and approved a legislative agenda for 2007 to “demonstrate to all legislators the serious need for legislative change to fulfill the intent and promises of the original electric deregulation bill.” Key items addressed by CAPP’s legislative agenda include: ? Eliminate the ability of one generator to direct the market ? Break the correlation between natural gas costs and electricity prices ? Reform pricing practices at ERCOT (Electric Reliability Council of Texas) that can be manipulated and abused ? Extend opportunities for low prices to all customers ? Facilitate long term contracting opportunities for political subdivision corporations. Attached is a staff report provided by CAPP’s legal counsel at the law firm of Lloyd Gosselink in Austin. Recommendation City staff recommends approval of the resolution endorsing CAPP’s 2007 legislative agenda. Attachments: ? Staff report ? Resolution endorsing CAPP legislative agenda STAFF REPORT REGARDING THE RESOLUTION ENDORSING CAPP’S 2007 LEGISLATIVE AGENDA PURPOSE The City of University Park, Texas, is a member of Cities Aggregation Power Project, Inc. (“CAPP”). The CAPP Board of Directors has voted to authorize certain legislative th efforts on behalf of its members during the 80 Texas Legislative Session. CAPP will capitalize on the presence its members established in the last two legislative sessions to apprise legislators of CAPP Cities’ perspective on electric issues and to recommend legislative action. DISCUSSION Together with its sister aggregation group, the South Texas Aggregation Project (“STAP”), CAPP is one of the largest electric aggregation groups in Texas. CAPP and STAP have more than 140 member cities. CAPP has served as a vehicle to increase cities’ ability to navigate the deregulated market and bargain for the best rates and contract terms. CAPP members enjoy the benefits of favorable contractual terms and a negotiated commodity rate that has produced savings for its members for the past five years averaging 20 percent compared to what members would have paid according to the Price to Beat rates. As an active market participant, CAPP is in the unique position to identify problems that have developed in the deregulated marketplace. In order to ensure that the Texas retail electric market is a truly competitive market with low prices throughout Texas, CAPP has created a legislative agenda that aims to encourage competition by limiting market power, eliminating cost shifting, and creating competitive options for all customers. Several changes should be made to the deregulation statute (SB 7) to better protect cities’ budgets, enhance cities’ ability to protect their citizens, and increase competition among retail providers. The following changes are proposed by the CAPP Board: ? To institute limits upon the ownership and control of generation within functional markets (ERCOT zones) and require further Commission action to mitigate market control. This change will address market power concerns and promote greater competition. This objective is a principal component of the comprehensive electric (SB 483 and HB legislative package filed by Chairman Fraser and Chairman King 1190) . ? To authorize “opt-out” aggregation Projects that will permit cities and towns with populations less than 50,000 to aggregate the load of all of their residents that have not specifically asked to be excluded from the aggregation project. Currently, the statute permits citizen aggregation projects, but requires all customers to affirmatively "opt-in" to the aggregation group. This has created a significant disincentive to create citizen aggregation projects. Changing citizen aggregation from opt-in to opt-out will enhance the opportunities for rural residential customers to benefit from deregulation and benefit the entire state by SB 1401 and HB 3498) increasing competition (. ? To ensure that a modest amount (15 percent of installed capacity) of low-cost baseload generation capacity is made available for sale to Competitive Retail Electric Providers at their variable cost plus ten percent. Texas municipalities and customers currently pay generators prices for “baseload” electric energy needs that are inflated well beyond their actual costs because the power is priced as if it were produced by high-priced natural gas-fueled plants even though it is actually (HB 3348) produced at a much lower cost by lignite, coal and nuclear plants . ? To declare the current "uniform pricing system" in the balancing energy market unreasonable and direct the Public Utility Commission to adopt rules that will provide for a pricing system that does not produce windfall profits for generators (HB 3349) and needlessly inflate energy cost to Texas businesses and consumers . ? To remove unnecessary administrative obstacles in the Local Government Code that prevent cities from taking full advantage of electric competition. CAPP recognizes the importance of diversifying its energy portfolio and is investigating opportunities to add long term power contracts to ensure more price stability, but current provisions of the Local Government Code may make the contracting (SB 787 and HB 1749) process unnecessarily cumbersome . The CAPP Board, made up exclusively of City representatives, requests that the City Council pass the attached resolution endorsing CAPP’s legislative agenda. RECOMMENDATION The staff of the City of University Park recommends that the City Council adopt the attached resolution. RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF UNIVERSITY PARK, TEXAS, ENDORSING CERTAIN LEGISLATIVE CHANGES TO ENHANCE THE COMPETITIVE ELECTRIC MARKET SUPPORTED BY CITIES AGGREGATION POWER PROJECT, INC. WHEREAS, the City of University Park, Texas (City) has historically been active in the process of regulation of electric utilities; and WHEREAS, the City is a member of Cities Aggregation Power Project, Inc. (CAPP) and, as such, made a decision to join with more than 95 other cities to switch its municipal electric accounts from its incumbent provider to a retail electric provider; and WHEREAS, CAPP's experience with the deregulated market and contracts with several different retail electric providers has indicated that the Texas electric retail market has failed to develop into a truly competitive market as envisioned by the Texas Legislature in part because congestion zones within the ERCOT market have allowed certain market players to control enough generation capacity within a given zone to exercise market power to the detriment of customers and non-affiliated retail electric providers; and WHEREAS, retail electric price competition has not successfully reached residential customers in Texas communities with populations less than 50,000; and WHEREAS, Texas municipalities and customers currently pay generators prices for “baseload” electric energy needs that are inflated well beyond their actual costs because the power is priced as if it were produced by high-priced natural gas-fueled plants even though it is actually produced at a much lower cost by lignite, coal and nuclear plants; and WHEREAS, power generators are receiving windfall profits for and energy costs for Texas businesses and consumers are needlessly inflated because of a mechanism known as the “uniform-price auction,” which pays every generator the highest price ERCOT is required to accept to meet demand regardless of what portion of the purchase required that price; and WHEREAS, CAPP recognizes the importance of diversifying its energy portfolio and is investigating opportunities to add long term power contracts to ensure more price stability, but current provisions of the Local Government Code may make the contracting process unnecessarily cumbersome; and WHEREAS, the City endorses efforts proposed by CAPP to modify the electric deregulation legislation to enhance competition, implement the original intent of SB 7 and reduce costs to the City and its residents. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, THAT: I. The following legislative reforms endorsed by CAPP to limit market power, create effective citizen aggregation, and be supported by the City: ? Limit the ownership and control of generation within functional markets (ERCOT (SB 483 and zones) and require further Commission action to mitigate market control HB 1190) . ? Authorize citizen aggregation projects that will permit cities and towns with populations less than 50,000 to aggregate the load of all of their residents that have not specifically asked to be excluded from the aggregation project to enhance the opportunities for rural residential customers to benefit from deregulation and benefit (SB 1401 and HB 3498) the entire state by increasing competition . ? Ensure that a modest amount (15 percent of installed capacity) of low-cost baseload generation capacity is made available for sale to Competitive Retail Electric (HB 3348) Providers at their variable cost plus ten percent . ? Declare the current "uniform pricing system" in the balancing energy market unreasonable and direct the Public Utility Commission to adopt rules that will provide for a pricing system that does not produce windfall profits for generators and (HB 3349) needlessly inflate energy cost to Texas businesses and consumers . ? Remove unnecessary administrative obstacles in the Local Government Code that (SB 787 and HB prevent cities from taking full advantage of electric competition 1749) . II. A copy of the resolution shall be sent to the elected lawmakers representing the City’s interests in the Texas House and Senate and to the Chairman and legal counsel of CAPP. rd PRESENTED AND PASSED on this 3 day of April 2007, by a vote of ______ ayes and ______ nays at a regular meeting of the City Council of the City of University Park, Texas. ________________________________ Mayor ATTEST: _____________________________ City Secretary AGENDA MEMO (4/3/07 AGENDA) DATE: March 28, 2007 TO: Honorable Mayor and City Council FROM: Christine Green, Purchasing Agent SUBJECT: New BuyBoard Interlocal Participation Agreement Following is a new Interlocal Participation Agreement with The Local Government Purchasing Cooperative, also known as the BuyBoard. The BuyBoard is requiring all member agencies to countersign this revised agreement in order to maintain membership. The original Interlocal Agreement that the City signed in 1998 has been revised to reflect changes in the structure of the Cooperative and to add a provision requiring prior notice of amendments. The BuyBoard also eliminated the $200 annual membership fee. 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Mayor Blackie Holmes convened the city council into an executive session in the conference room at 2:03 p.m. with the City Attorney regarding purchase/sale of Worcola property under Sections 551.071 & 551.072 of the Government Code. The executive session was closed at 2:45 p.m. No action was voted on or taken during the meeting. The council then attended the groundbreaking ceremony and dedication of the new track at Germany Park. The council returned to the City Hall Conference Room for a work session for agenda review at 4:00 p.m. At 4:46 p.m., Mayor Blackie Holmes convened the city council into an executive session with the City Attorney regarding possible litigation under Sections 551.071 & 551.072 of the Government Code. The executive session was closed at 5:03 p.m. No action was voted on or taken during the meeting. Mayor Blackie Holmes opened the regular city council meeting at 5:00 p.m. in the Council Chamber. Present were Mayor Pro Tempore Harry Shawver and Councilmembers Syd Carter, Kelly Walker and Jerry Grable. Also in attendance were City Manager Bob Livingston, City Attorney Rob Dillard and City Secretary Nina Wilson. A Boy Scout, Will Meachum of 7630 Bryn Mawr, was in attendance and led in the Pledge of Allegiance. AWARDS AND RECOGNITION PROCLAMATION FOR THE AMERICAN RED CROSS: Mayor Holmes read a proclamation declaring March as American Red Cross Month and urging all Americans to continue to give of their time, blood and money to make a difference in the humanitarian fabric of the community, stating that we help each other when we help the Red Cross. Last year, the Dallas Area Red Cross responded to 800 local incidents, trained thousands of adults in first aid and CPR, and took the lead in teaching people to use Automated External Defibrillators. PROCLAMATION FOR SEVERE WEATHER AWARENESS WEEK: Mayor Holmes read a proclamation declaring March 4-10, 2007 as Severe Weather Awareness Week. He urged everyone in the community to learn more about and to participate in severe weather preparedness activities available in the city. The goal of Severe Weather Awareness Week is to ensure that our citizens are prepared for the variety of extreme weather events which may be experienced, from tornadoes and floods to hail and straight-line winds. The city’s Web site reflects the preparedness levels each citizen should take in severe weather incidents. Councilmember Walker moved approval of the Consent Agenda, and Mayor Pro Tempore Shawver seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER APPROVAL OF YMCA HEALTHY KIDS DAY ONE MILE FUN RUN: Park Cities YMCA at 6000 Preston Road has requested permission to use city streets for the purpose of holding a one-mile fun run on Saturday, April 14, 2007. The purpose of the run is to introduce YMCA programs to the community. The run will begin at 1:00 pm. There will be an estimated 100 runners, and the route is through the residential streets behind the YMCA, covering the outer perimeter of St. Andrews, Windsor, McFarlin and Westwick. CONSIDER RESOLUTION ORDERING SPECIAL ELECTION FOR MAY 12, 2007 TO DETERMINE SALE OF POTOMAC PARK TO SOUTHERN METHODIST UNIVERSITY: A Special Election is being ordered for Saturday, May 12, 2007 for the purpose of determining the sale of Potomac Park to Southern Methodist University. The election will be conducted at the City of University Park City Hall from 7:00 a.m. to 7:00 p.m. Early voting by personal appearance shall be conducted at City Hall between the hours of 8:00 a.m. and 5:00 p.m. beginning Monday, April 30, 2007 and continuing through Friday, May 4, 2007, and from 7:00 a.m. to 7:00 p.m. beginning on Monday, May 7 and ending Tuesday, May 8, 2007. RESOLUTION NO. 07-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, ORDERING A SPECIAL ELECTION ON SATURDAY, MAY 12, 2007 FOR THE PURPOSE OF SELLING POTOMAC PARK TO SOUTHERN METHODIST UNIVERSITY; AND PROVIDING AN EFFECTIVE DATE. CONSIDER RESOLUTION EXECUTING ELECTION CONTRACT WITH DALLAS COUNTY ELECTIONS DEPARTMENT FOR A SPECIAL ELECTION MAY 12, 2007: The cost of the contract for Early Voting is estimated at $4,409.20 and Election Day at $1,682.78 plus an Election Services fee of $609.20 for a total of $6,701.18. Dallas County Elections Department will conduct the election for Early Voting and Election Day. RESOLUTION NO. 07-03 A RESOLUTION OF THE CITY OF UNIVERSITY PARK, TEXAS AUTHORIZING THE MAYOR TO EXECUTE AN ELECTION SERVICES CONTRACT FOR THE SPECIAL ELECTION TO BE HELD ON MAY 12, 2007 FOR THE PURPOSE OF DETERMINING THE SALE OF POTOMAC PARK TO SOUTHERN METHODIST UNIVERSITY; AND DECLARING AN EFFECTIVE DATE. CONSIDER INTERLOCAL AGREEMENT WITH THE TOWN OF HIGHLAND PARK FOR USE OF DETENTION AND JAIL FACILITIES: The City of University Park’s Police Department will be closing its temporary holding facility for arrested persons during the remodeling phase of City Hall for approximately one year. The Town of Highland Park Department of Public Safety allows University Park to use the Highland Park holding facility. The cost to the city will be a flat rate of $45.00 per arrested person up to 72 hours. Highland Park, like University Park, does not operate a jail. Juveniles will be held at the temporary facility of the University Park Police Department at the Peek Center in a holding room for a few hours, but not for any extended period of time and not overnight. In the event a juvenile is arrested who requires holding for any significant length of time, that juvenile will be transported to the Dallas County, Juvenile Detention Facility. As this is an interlocal agreement between the two entities, it is recommended that Highland Park be allowed to use the University Park holding facility when needed at a time when the University Park holding facility is open and back in service. CONSIDER INTERLOCAL AGREEMENT WITH THE TOWN OF ADDISON FOR USE OF University Park Police Department has worked out an DETENTION AND JAIL FACILITIES: interlocal agreement also with the Town of Addison Police Department. The agreement is the same as Highland Park’s except the city will be allowed to use the Addison Jail at no cost. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For February 20, 2007. MAIN AGENDA CONSIDER PROPOSAL FROM RJN TO DEVELOP A TECHNICAL MEMORANDUM TO ELIMINATE SANITARY SEWER OVERFLOWS IN HIGHLAND PARK: A committee comprised of two former councilmembers from the City and from the Town developed consensus and resolution to the shared problem. Dick Davis and Jim Roberts have been representing the city in meetings with an engineering consultant, RJN, who has been asked to develop a Technical Memorandum of findings and recommendations to eliminate overflows, all occurring in Highland Park. Staff from both communities have reviewed the scope of work on which the attached proposal is based. The proposal from RJN is in the amount of $42,405 and requests authorization for University Park to pay half of the cost and Highland Park the other half. Mayor Pro Tempore Shawver moved approval to enter into an interlocal agreement with The Town of Highland Park on a 50/50 basis to develop a Technical Memorandum to eliminate sanitary sewer overflows. Councilmember Grable seconded, and the vote was unanimous to approve the proposal. CONSIDER REQUEST FOR FUNDING FROM UPRIA FOR ATTORNEY SERVICES: A request from UPRIA to fund an approximately $10,000 shortfall for attorney fees in their effort to assist the city to have the Amherst/Stanford 138 kV line relocated. Kitsy Haiman, 4232 Amherst, spoke in favor of the request, as did Max Fuqua, 7615 Lovers Lane. Mayor Holmes stated the city, to date, has spent approximately $111,000 on the project, hiring counsel to appear before the PUC and file briefs and that the city is committed to going through the district court in Austin. Council has been advised by the city attorney that funds cannot be given to private groups of individuals such as UPRIA. Mayor Holmes thanked Ms. Haiman for her efforts. Mayor Pro Tempore Shawver moved, pursuant to the city attorney’s advice, that the request for the funds be denied. Councilmember Grable seconded, and the vote was unanimous to deny the request. CONSIDER APPROVAL OF LEASE FOR TEMPORARY BUILDING DURING CITY HALL RENOVATION: During renovation of the existing City Hall building, a temporary building is needed to house several city departments, conduct city council meetings and hold municipal court. It will house the utility billing, municipal court, accounting manager and receptionist. It will be handicapped accessible and located southwest of the new addition, just north of University Boulevard and west of the fire department driveway. Councilmember Carter moved approval of the bid by Mobile Modular for $40,429. Councilmember Walker seconded, and the vote was unanimous to approve the lease for the temporary building. CONSIDER CONTRACT FOR MOVING SERVICES ASSOCIATED WITH CITY HALL RENOVATION: There will be four phases of the move, the first being the move of the police department and dispatchers to the Peek Service Center approximately May 5, 2007. The second move will be City Hall employees to the temporary building approximately May or June 2007. The third move will be back to City Hall from the temporary building approximately spring 2008. The last move will be the police department and dispatchers back to City Hall approximately spring or summer 2008. The total cost of the move will be $32,183. Councilmember Grable moved approval of the contract. Councilmember Carter seconded, and the vote was unanimous to approve the contract for moving services associated with the City Hall renovation. CONTRACT APPROVAL OF BID FOR CITY HALL/GOAR PARK LANDSCAPE PROJECT: In December 2006, the city council rejected all bids for the City Hall/Goar Park Landscape Project due to the high costs of submitted bids. The low bid for the project was $1.3 million. In February 2007, staff re-bid the project, which outlined bid alternates in an effort to meet the approved budget of $1 million. The apparent low bid at the February 28, 2007 bid opening was submitted by American Civil Contractors for $1,238,100. Mayor Pro Tempore Shawver moved approval of the bid from American Civil Contractors for the City Hall/Goar Park Landscape Project utilizing City Hall project contingency funds to offset the additional cost of the project. Funds requested for the project would be for $1,238,100 for project construction plus a 5% contingency of $61,905 for a total project budget of $1,300,005. Mayor Holmes seconded, and the vote was unanimous to approve the bid. CONSIDER RESOLUTION AUTHORIZING CONTINUED PARTICIPATION WITH TXU CITIES STEERING COMMITTEE: University Park is a longtime member of the TXU Cities Steering Committee, a group of 109 North Texas municipalities that work together on electric regulatory matters. The committee has been successful in challenging electric rate increases, and their efforts are funded by a periodic $0.10 per capita membership fee. CONSIDER RESOLUTION AUTHORIZING CONTINUED PARTICIPATION WITH ATMOS CITIES STEERING COMMITTEE: University Park is one of 142 members of the Atmos Cities Steering Committee. This group works to scrutinize natural gas price requests by Atmos Gas and its predecessors, TXU and Lone Star Gas. The committee has a successful history of challenging price increases and relies upon occasional per capita fees from member jurisdictions to support its efforts. Mayor Holmes moved approval of the resolution authorizing continued participation in the TXU Cities Steering Committee and the membership assessment of $2,371.60 and approval of the resolution authorizing continued participation in Atmos Cities Steering Committee, which includes payment of a $0.10 per capita fee totaling $2371.60. RESOLUTION NO. 07-04 A RESOLUTION AUTHORIZING CONTINUED PARTICIPATION WITH THE STEERING COMMITTEE OF CITIES SERVED BY TXU; AND AUTHORIZING THE PAYMENT OF 10 CENTS PER CAPITA TO THE STEERING COMMITTEE TO FUND REGULATORY AND RELATED ACTIVITIES RELATED TO TXU ELECTRIC DELIVERY. RESOLUTION NO. 07-05 A RESOLUTION AUTHORIZING CONTINUED PARTICIPATION WITH THE ATMOS CITIES STEERING COMMITTEE; AND AUTHORIZING THE PAYMENT OF 10 CENTS PER CAPITA TO THE ATMOS CITIES STEERING COMMITTEE TO FUND REGULATORY AND RELATED ACTIVITIES RELATED TO ATMOS ENERGY CORPORATION. CONSIDER PROPOSALS FOR COMPUTING EQUIPMENT AND SERVICE FOR THE PEEK DISPATCH CENTER AND CITY HALL RENOVATION: To complete the implementation of the computer systems for alarm monitoring, computer-aided dispatch, security cameras, and access control required at the Peek Dispatch Center and in the remodeled City Hall Dispatch Center, a package of computer servers, work stations, monitors, specialized signal receivers, and alarm monitoring software licenses is required. The information services and police department staff members have been working with the original system providers to design upgrades that will increase the quality of service and level of system redundancy for protection from system component failure. Councilmember Carter moved approval of the proposals to provide computing equipment and services related to the Peek Dispatch Center and City Hall remodel. Councilmember Grable seconded, and the vote was unanimous to approve all proposals. CONSIDER EARLY REPLACEMENT OF POLICE DEPARTMENT VEHICLE: This item was pulled from the agenda for further consideration. ITEMS FROM THE FLOOR Mr. Don Gale, 3712 Binkley, and Mr. Matt Dixon, property owner in the city, spoke on MF2 parking and building regulations. Mr. Gale reported that the committee, formed for the purpose of looking into these issues, had spent two months going over them and were unable to formerly complete a report for council at this time. They requested an additional month. Mayor Holmes stated that their input will be appreciated and asked that they work with the consultant when he is hired. Mr. Trey Berry, 3033 Milton, spoke on stop sign placement at the corner of Milton and Durham, for which a traffic survey was to have been done. Director of Public Works Bud Smallwood has rd the survey and will send it to Mr. Berry. The item will also be placed on the April 3 agenda. Kitty Holleman, 3939 Marquette, spoke in opposition of the “McMansions”. She suggested the height of houses be lowered. Mayor Holmes stated a consultant will work on the density and mass of the houses. rd PASSED AND APPROVED this 3 day of April 2007. James H. Holmes, III, Mayor ATTEST: Nina Wilson, City Secretary AGENDA MEMO (04-03-07 AGENDA) DATE: March 30, 2007 TO: Bob Livingston City Manager FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Consider request for multiway stop signs at the intersection of Milton and Durham. Background. Stop signs are currently located on Durham to require vehicles traveling in the north / south direction to stop at Milton. Pursuant to a request from Trey Berry (3033 Milton), Dannie Cummings was directed to conduct a traffic survey and analysis at the subject intersection and determine whether conditions exist (as detailed in the Texas Manual of Uniform Traffic Control Devices) that would support the installation of stop signs along Milton requiring east / west traffic to stop at the intersection. As detailed in the attached report, three issues are reviewed in the course of such a traffic study: ? Accident history; ? Sight obstructions; ? Traffic through the intersection; Mr. Cummings performed the work and provided a report, which included his recommendation NOT to install the stop signs. As an aside to the subject request at the above-referenced intersection, it is important to use an outside traffic consultant to determine the need for traffic control devices. Otherwise, we would end up with 4-way stops at every intersection. Discussion. Staff concurs with Mr. Cummings and recommends City Council NOT authorize the request to install multiway stop signs at Durham & Milton. AGENDA MEMO (04/03/07 AGENDA) DATE: March 28, 2007 TO: Honorable Mayor and City Council FROM: Jacob Speer, Assistant Director of Public Works SUBJECT: Consider: Ordinance Abandoning Portion of Alley Right-of-Way to Abutting Property Owner at 3116 Rosedale. ITEM: The 3100 block of Rosedale has seen significant redevelopment of multi-family properties in the last several years. The new developments have increased the population density in this block. The alley serving the north side of the block has a bend in it near mid-block. This bend prevents the City from driving a sanitation truck large enough to empty dumpsters down this alley. Consequently, the new multi-family units have had to provide individual trash cans for the tenants. This collection method has led to numerous complaints and code violations relating to excessive trash in the alley. When repeated code enforcement efforts failed to correct the problem, staff doubled the collection frequency and sanitation fee for residents in this block. While very unpopular, this effort has resulted in a cleaner alley. A planned redevelopment at 3116 Rosedale has provided an opportunity for the City to exchange a currently unused portion of alley right-of-way for a section of the abutting property that will allow the City to reconfigure the alley pavement in such a way to accommodate the larger trucks needed to empty dumpsters. This change will eliminate the need for higher fees and a special collection schedule in this alley. The attached exhibit identifies the 663 square feet of R.O.W. to be abandoned and the 172 square feet to be dedicated to the City. RECOMMENDATION: Staff recommends approval of the abandonment ordinance. ATTACHMENTS: ? Proposed abandonment ordinance and alley deed ? Photo depicting problem with trash can collection for multi-family properties ORDINANCE NO. _________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ABANDONING A PORTION OF THE ALLEY EASEMENT AS MORE PARTICULARLY DESCRIBED AND DEPICTED AS TRACT 2 IN EXHIBITS “A” AND “B”, TO THE ABUTTING OWNER IN CONSIDERATION OF THE DEDICATION OF AN ALLEY EASEMENT DESCRIBED AS TRACT 1; PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING IN THE REAL PROPERTY RECORDS OF DALLAS COUNTY, TEXAS, AS A QUITCLAIM DEED OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the City Council of the City of University Park, Texas, has determined that a 663 square foot portion of the alley easement, described and depicted as Tract 2 in Exhibits “A” and “B”, is no longer needed or necessary for public purposes by the City; and WHEREAS , the abutting property owner has agreed to dedicate an alley easement of 172 square feet, described as Tract 1 in the Exhibits, to the City in exchange for such abandonment; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That for and in consideration of the dedication to the City of University Park of an alley easement on the property described and depicted as Tract 1 in Exhibits “A” and “B” attached hereto and made part hereof for all purposes, the City of University Park hereby abandons and quitclaims in favor of the abutting owner, D & C Franklin, LP, the alley easement over all that certain tract or parcel of land more particularly described and depicted as Tract 2 in Exhibits “A” and “B”, consisting of 663 square feet, more or less, in the City of University Park, Dallas County, Texas. SECTION 2. That the rights being abandoned in the property described and depicted in Exhibits “A” and “B” consist of an alley easement as shown in said Exhibits. SECTION 3. That the City of University Park does not abandon any other interest other than described and depicted in Exhibits “A” and “B”, but does hereby abandon all of its right, title, or interest in the described street right-of-way, together with any and all improvements thereon. SECTION 4 . That upon delivery of an alley easement deed to Tract 1 referred above in section 1, the City Secretary is directed to prepare a certified copy of this ordinance and furnish the same to D & C Franklin LP, and the recording of this abandonment ordinance in the real property records of Dallas County, Texas, shall serve as a quitclaim deed of the City of University Park of such right, title or interest of the City of University Park in and to such alley easement described as Tract 2, 663 square feet, in Exhibits “A” and “B”. SECTION 5 . This ordinance shall take effect immediately from and after its passage, as the law and Charter in such cases provide. rd DULY PASSED by the City Council of the City of University Park, Texas, on the 3 day of April 2007. APPROVED: ________________________________ JAMES H. HOLMES III, MAYOR APPROVED AS TO FORM: ATTEST: _________________________ _________________________________ CITY ATTORNEY NINA WILSON, CITY SECRETARY (RLD/03-28-07)(15411) EXHIBIT “A” EXHIBIT “B” NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER ALLEY DEDICATION DEED STATE OF TEXAS § §KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DALLAS § That Davematt, L. L. C., a Texas Limited Liability Company, being the owner in fee simple of real property located in this County and within the territorial jurisdiction of the City of University Park, Texas, said parcel of land described and depicted in Exhibit A attached hereto and incorporated by reference herein for all purposes, the same as if fully copied herein, as Grantor, for and in consideration of the sum of ten dollars and other good and valuable consideration in hand paid by the City of University Park, Texas, as Grantee, the receipt and sufficiency of which is hereby acknowledged, has dedicated, granted, sold and conveyed, and by these presents does dedicate, grant, sell and convey unto the said City of University Park, Texas, an alley easement, including the right of ingress, egress, and regress therein, to construct, reconstruct, and maintain a public alleyway, public utilities, or any appurtenance deemed necessary thereto by said City into and through all that parcel. To have and to hold the above described property for public alley purposes deemed necessary by the City, with the right of ingress, egress, and regress therein, together with all and singular the usual rights thereto in anywise belonging, unto the said City of University Park, Texas, its successors and assigns, forever, and Grantor does hereby bind himself, his heirs, executors, successors and assigns, to warrant and forever defend, all and singular, the said premises unto the said City of University Park, Texas, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. In witness whereof, I have hereunto subscribed my name this _______ day of _______________________2007. GRANTOR, DAVEMATT L. L. C. ______________________________________ By: Matthew Franklin, Manager 17480 Campbell Road #102 Dallas, Texas 75252 GRANTOR’S ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _______ day of ___________, 2007, by Matthew Franklin, Manager of Davematt, L. L. C., a Texas limited liability company, on behalf of said company. Notary Public, State of Texas My Commission expires: Grantee’s Address: City of University Park Attn: Gene R. Smallwood Director of Public Works 3800 University Blvd. University Park, Texas 75205 Trash Cans for (6) Multi-family Units at 3100 Rosedale AGENDA MEMO (04/03/07 AGENDA) DATE: March 28, 2007 TO: Honorable Mayor and City Council FROM: Jacob Speer, Assistant Director of Public Works SUBJECT: Consider: Ordinance Prohibiting Parking from 7 A.M. to 5 P.M. School Days on the East Side of High School Street from Asbury South to the Alley. ITEM: In an effort to allow some on-street parking for residents in an area filled with “No Parking Anytime” zones, staff proposes an ordinance that would allow parking outside of normal school hours in a fifty-foot section along the east side of High School from Asbury south to the alley. The proposed ordinance continues to prohibit parking during school hours, thus maintaining safe traffic flow during high-traffic times. Staff has spoken with adjacent residents and they are supportive of the change. RECOMMENDATION: Staff recommends approval of the proposed parking ordinance. ATTACHMENTS: ? Proposed Ordinance ORDINANCE NO. ___________________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARKING BETWEEN SEVEN A. M. AND FIVE P. M. ON SCHOOL DAYS ON THE EAST SIDE OF HIGH SCHOOL FROM A POINT 80’ SOUTH OF ITS INTERSECTION WITH ASBURY TO A POINT 130’ SOUTH OF ITS INTERSECTION WITH ASBURY; PROVIDING FOR THE ERECTION OF SIGNS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED 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 it shall be unlawful and an offense for any person to leave, stand or park any motor vehicle on the east side of High School from a point 80’ south of its intersection with Asbury to a point 130’ south of the point of its intersection with Asbury between the hours of seven a. m. and five p. m. on school days. SECTION 2 . That all ordinances of the City of University Park in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. SECTION 4. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be subject to a fine not to exceed the sum of two hundred dollars ($200.00) for each offense. SECTION 5. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. The parking restrictions set out herein shall not be effective until appropriate signs giving notice thereof shall have been erected as provided by the Code of Ordinances. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of April 2007. APPROVED: ____________________________________ JAMES H. HOLMES III, MAYOR ATTEST: ____________________________________ NINA WILSON, CITY SECRETARY APPROVED AS TO FORM: _______________________________ CITY ATTORNEY (RLD/3-28-07/15388) AGENDA MEMO (04/03/2006 AGENDA) DATE: March 29, 2007 TO: Honorable Mayor and Members of the City Council FROM: Gerry Bradley, Director of Parks SUBJECT: Reservation Request for Curtis Park - Watermark Church BACKGROUND: Staff has received a request from the Watermark Community Church to reserve Curtis Park for a church picnic on Sunday, May 13, 2007. Watermark Church approximately 1800 participants anticipates to be in attendance and plans to be at the park site from 9:00 a.m. until 2:00 p.m. Since 2002, the Watermark Church indicated an average of 750+ participants were at the spring and fall picnics. DIRECTION: Staff is requesting direction from City Council on how to proceed with this request due to the large number of participants anticipated at the event and the potential impact to the neighborhood. ATTACHMENTS: Letter of request from Watermark Church AGENDA MEMO (04/03/2007 AGENDA) DATE: March 21, 2007 TO: Honorable Mayor and City Council FROM: Gary W. Adams, Chief of Police SUBJECT: Ordinance Regulating the Residency of Sex Offenders ITEM: In the past few years, more and more residents have expressed concerns about registered sex offenders living in close proximity of schools and other areas in the city where children congregate. These same residents have asked that the city follow the lead of other cities nationwide and adopt an ordinance regulating the distance a sex offender may either live to a school or other place where children congregate, specifically parks and playgrounds. In March of this year, the Texas Attorney General opined that cities in Texas can adopt such restrictive ordinances for the safety and welfare of children in communities where registered sex offenders live. RECOMMENDATION: Staff recommends the adoption of an ordinance regulating the residency of sex offenders, or the proximity they may live near a place children congregate. ATTACHMENTS: ? Copy of Attorney General Abbot’s Opinion ? Ordinance prepared by City Attorney Robert L. Dillard III ? School and Playground Safe Zone Map 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AGENDA MEMO- SEX OFFENDERS.doc 9:43 AM 03/21/07 The Honorable Jane Opinion No. GA-0526 Nelson Chair, Committee on Re: Whether a municipality may prohibit registered sex Health and Human offenders from living in certain locations within the Services municipality (RQ-0526-GA) Texas State Senate Post Office Box 12068 Austin, Texas 78711- 2068 Dear Senator Nelson: You state that municipalities "across the state either have passed or are considering passing municipal ordinances that prohibit registered sex offenders from living within a specified distance from locations where children typically congregate, including day-care facilities, (1) schools, public swimming pools, and parks and playgrounds." You ask whether a municipality may adopt such ordinances. See Request Letter, supra note 1, at 1. You particularly ask us to address two issues: (1) whether Chapter 508, Government Code, Article 42.12, Code of Criminal Procedure, or Chapter 62, Code of Criminal Procedure, preempts or otherwise limits a municipality's authority in this regard and (2) whether Section 3 or 19, Article I, Texas Constitution, or any other provision of the Texas Constitution limits a municipality's authority in this regard. Id. at 2. We note preliminarily that no particular adopted or proposed ordinance is at issue. Thus, our answer is general and does not speak to the preemption or constitutionality of a specific ordinance. In addition, we note that you do not specify whether your question concerns general-law or home-rule municipalities. See id. at 1-2. A general-law municipality is a political subdivision "created by the State and, as such, possess[es] those powers and privileges that the State expressly confers upon [it]." Tex. Dep't of Transp. v. City of Sunset Valley, 146 S.W.3d 637, 645 (Tex. 2004). We have found no law authorizing a general-law municipality to adopt this type of residence restriction. Thus, unless the Legislature expressly authorizes it, a general-law municipality may not adopt an ordinance restricting where a registered sex offender may live. On the other hand, a home-rule municipality "do[es] not depend on the legislature for specific grants of authority but, instead, ha[s] a constitutional right of self-government and look[s] to the legislature only for specific limitations on [its] power." City of Laredo v. Webb County, No. 03-05-00168-CV, 2005 WL 3234768, at *3 (Tex. App.--Austin Dec. 1, 2005, no pet.); see Tex. Const. art. XI, § 5; Quick v. City of Austin, 7 S.W.3d 109, 122 (Tex. 1998); Dallas Merchant's & Concessionaire's Ass'n v. City of Dallas, 852 S.W.2d 489, 490- 91 (Tex. 1993). We thus consider whether the Legislature has specifically limited a home- rule municipality's authority to adopt ordinances like those you generally describe. I. Whether Residence Restrictions Adopted by Home-Rule Municipalities are Preempted by Government Code Chapter 508, Code of Criminal Procedure Article 42.12, or Code of Criminal Procedure Chapter 62 Despite its broad authority, a home-rule municipality may not adopt an ordinance that is "inconsistent with the Constitution of the State, or [with] the general laws enacted by the Legislature of this State." Dallas Merchant's & Concessionaire's Ass'n, 852 S.W.2d at 490 (quoting Tex. Const. art. XI, § 5); see City of Corpus Christi v. Five Citizens of Corpus Christi, 103 S.W.3d 660, 663 (Tex. App.--Corpus Christi 2003, pet. denied). Consequently, a municipal ordinance "that attempts to regulate a subject matter preempted by a state statute is unenforceable to the extent it conflicts with the state statute." Dallas Merchant's & Concessionaire's Ass'n, 852 S.W.2d at 491. Nevertheless, "the mere fact that the legislature has enacted a law addressing a subject does not mean [that the] subject matter is completely preempted." Id. (quoting City of Richardson v. Responsible Dog Owners, 794 S.W.2d 17, 19 (Tex. 1990)). A court will not hold a general law and a municipal ordinance "repugnant to each other if any other reasonable construction leaving both in effect can be reached." Id. (quoting City of Beaumont v. Fall, 291 S.W. 202, 206 (Tex. 1927)). And if the Legislature chooses to preempt a subject matter usually encompassed within a home-rule municipality's broad powers, "it must do so with unmistakable clarity." Id. You suggest that Government Code section 508.187, Code of Criminal Procedure article 42.12, or Code of Criminal Procedure chapter 62 may preempt the home-rule municipalities' ordinances. See Request Letter, supra note 1, at 2. We will discuss chapter 62 of the Code of Criminal Procedure first. Chapter 62 establishes a sex-offender-registration program under which persons with a "reportable conviction or adjudication" or who are "required to register as a condition of parole, release to mandatory supervision, or community supervision" must register "with the local law enforcement authority in any municipality where the person resides or intends to reside for more than seven days." Tex. Code Crim. Proc. Ann. art. 62.051(a) (Vernon Supp. 2006); see also id. art. 62.001(1) (defining "Department"); id. art. 62.004 (requiring the Department of Public Safety to determine "which local law enforcement authority serves as [a] person's primary registration authority"). The phrase "reportable conviction or adjudication" is defined to include various sex offenses, such as indecency with a child, possessing or promoting child pornography, burglary with intent to commit a sex offense, and aggravated kidnapping with intent to sexually abuse a person younger than 17 years old. Id. art. 62.001(5). Compare Act of May 26, 2005, 79th Leg., R.S., ch. 1008, § 1.01, 2005 Tex. Gen. Laws 3385, 3386-87 (defining "reportable conviction or adjudication"), with Act of May 25, 2005, 79th Leg., R.S., ch. 1273, § 2, 2005 Tex. Gen. Laws 4049, 4050-51 (same). Depending on the precise sex offense the person committed, a person's duty to register as a sex offender expires when the person dies or on the tenth anniversary of the date on which (1) the person was released from a penal institution or discharged from community supervision, or (2) the court dismissed the criminal proceedings against the person. Tex. Code Crim. Proc. Ann. art. 62.101 (Vernon Supp. 2006). Failing to register as required is a criminal offense. See id. art. 62.102. The statutory duty to register as a sex offender does not conflict with a municipal ordinance limiting the area in which a sex offender must live. Accordingly, chapter 62 does not preempt the municipal ordinances. Article 42.12, section 13B of the Code of Criminal Procedure and section 508.187 of the Government Code (the "child-safety-zone statutes") both provide in similar terms for the establishment of a child-safety zone that certain sex offenders may not enter. Code of Criminal Procedure article 42.12, section 13B pertains to defendants placed on community supervision, while Government Code section 508.187 pertains to convicted defendants who have served a sentence for a sex offense and are placed on parole. See id. art. 42.12, § 13B(a); Tex. Gov't Code Ann. § 508.187(a)-(b) (Vernon 2004). Under both statutes, a defendant or convicted defendant who, as a condition of community supervision or parole, must adhere to child-safety-zone provisions may not: (A) supervise or participate in any program that includes as participants or recipients persons who are 17 years of age or younger and that regularly provides athletic, civic, or cultural activities; or (B) go in, on, or within [1,000 feet, under article 42.12, section 13B or a distance specified by the panel under Government Code section 508.187(b)(1)(B)] of premises where children commonly gather, including a school, day-care facility, playground, public or private youth center, public swimming pool, or video arcade facility. Tex. Gov't Code Ann. § 508.187(b)(1) (Vernon 2004); cf. Tex. Code Crim. Proc. Ann. art. 42.12, § 13B(a)(1) (Vernon Supp. 2006). Subsection (B) of the child-safety-zone statutes is particularly relevant to our preemption inquiry. The child-safety-zone statutes are not inconsistent with home-rule municipality residence restrictions as you have described them. See Dallas Merchant's & Concessionaire's Ass'n, 852 S.W.2d at 490 (quoting Tex. Const. art. XI, § 5). A sex offender may comply with both the child-safety-zone statutes and a home-rule municipality's residence restrictions by staying out of the areas described in both. In this way, the state statutes and the municipal ordinances are not repugnant; instead, they are complementary. See id. at 491 (quoting City of Beaumont, 291 S.W. at 206). Moreover, nothing in either of the child-safety-zone statutes evidences an unmistakably clear legislative intent to preempt a home-rule municipality's authority to regulate where sex offenders may live. See id. at 491. Certainly, neither child-safety-zone statute expressly preempts municipal regulation. Cf. Tex. Alco. Bev. Code Ann. § 109.57(a)-(b) (Vernon Supp. 2006) (expressly restricting a home-rule municipality's authority to impose stricter standards on premises or businesses required to have a license or permit under the Alcoholic Beverage Code and setting out the Legislature's intent that the Alcoholic Beverage Code "shall exclusively govern the regulation of alcoholic beverages in this state"); Dallas Merchant's & Concessionaire's Ass'n, 852 S.W.2d at 491-92 (stating that the Alcoholic Beverage Code "clearly preempts an ordinance of a home-rule city that regulates where alcoholic beverages are sold"). In addition, nothing in the child-safety-zone statutes' legislative history suggests an intent to preempt municipal regulation. See generally Senate Comm. on Crim. Justice, Bill Analysis 1, Tex. C.S.S.B. 111, 74th Leg., R.S. (1995); House Comm. on Crim. Jurisprudence 1, Tex. C.S.S.B. 111, 74th Leg., R.S. (1995); see House Research Org., Bill Analysis 1, 3, Tex. C.S.S.B. 111, 74th Leg., R.S. (1995). Because the child-safety-zone statutes and municipal residence restrictions are not inconsistent and because the child-safety-zone statutes do not "with unmistakable clarity" preempt a home-rule municipality's authority to legislate in this area, we conclude that state (2) law does not preempt municipal residence restrictions generally. Dallas Merchant's & Concessionaire's Ass'n, 852 S.W.2d at 491. II. Whether Residence Restrictions Adopted by Home-Rule Municipalities Contravene Various Provisions of the Texas Constitution You also ask whether article I, section 3 or 19, "or any other provision of the Texas Constitution" limits a home-rule municipality's authority to adopt residence restrictions. Request Letter, supra note 1, at 2. Article I, section 3, like its federal counterpart found in the Fourteenth Amendment to the United States Constitution, guarantees "all persons similarly situated . . . equal protection under the laws of this [s]tate and of the United States." Nonn v. State, 117 S.W.3d 874, 881-82 (Tex. Crim. App. 2003); see Tex. Const. art. I, § 3; see also U.S. Const. amend. XIV, § 1. Texas cases apply federal standards "when determining whether a statute violates equal protection under either provision." Rose v. Doctors Hosp., 801 S.W.2d 841, 846 (Tex. 1990). Under those standards, when a law creates a classification that "does not infringe upon fundamental rights or does not burden an inherently suspect class, equal protection requires only that the statutory classification . . . rationally relate[] to a legitimate state interest." Id. "In determining whether or not a state law violates the Equal Protection Clause," a court must "consider the facts and circumstances behind the law, the interests [that] the State claims to be protecting, and the interests of those who are disadvantaged by the classification." Williams v. Rhodes, 393 U.S. 23, 30 (1968). Given that we have no particular municipal ordinance before us here, we cannot perform an equal-protection analysis. Courts that have considered specific state statutory residence restrictions in the context of an equal-protection analysis, however, have held that the residence restrictions do not impinge upon fundamental rights or burden an inherently suspect class and that the residence restrictions rationally relate to the state's legitimate interest in promoting children's safety. The residence restrictions that have been (3) considered thus were found not to violate the Federal Equal Protection Clause. Article I, section 19 of the Texas Constitution, which prohibits the deprivation "of life, liberty, property, privileges, or immunities" without "due course of the law," is nearly identical to the Federal Due Process Clause, which is found in the Fourteenth Amendment to the United States Constitution. See Univ. of Tex. Med. Sch. v. Than, 901 S.W.2d 926, 929 (Tex. 1995). Compare Tex. Const. art. I, § 19, with U.S. Const. amend. XIV, § 1. In matters of procedural due process, Texas courts traditionally follow "contemporary federal due process interpretations of procedural due process issues." Than, 901 S.W.2d at 929. A court's review of a due-process claim requires a two-part analysis: (1) whether the liberty or property interests allegedly involved are entitled to procedural due-process protection; and (2) if so, what process is due. Id. The Texas Supreme Court, quoting the United States Supreme Court, has indicated that the liberty interests protected by procedural due process mirror those protected by the constitutional equal-protection guarantees: In defining the scope of protected liberty interests under the Fourteenth Amendment, the United States Supreme Court has stated that a liberty interest: [D]enotes not merely freedom from bodily restraint but also the right of the individual to contract, to engage in any of the common occupations of life, to acquire usefulknowledge, to marry, establish a home and bring up children, to worship God according to the dictates of one's own conscience, and generally to enjoy those privileges long recognized . . . as essential to the orderly pursuit of happiness by free men. Id. at 929-30 (quoting Bd. of Regents of State Colleges v. Roth, 408 U.S. 564, 572 (1972)). A property interest to which procedural due process applies is one that is either vested or springs from state law. See Pickell v. Brooks, 846 S.W.2d 421, 426 (Tex. App.--Austin 1992, writ denied). Whether, in a particular instance, a sex offender subject to a municipal residence restriction can succeed in a case alleging that the residence restriction violates his or her constitutional right to procedural due process is a question that a court must decide after determining the relevant facts. See Tex. Att'y Gen. Op. No. GA-0446 (2006) at 18 ("Questions of fact are not appropriate to the opinion process."). To date no sex offender has successfully persuaded a court that a residence restriction violated the offender's procedural due process rights. See, e.g., Doe, 405 F.3d at 709 (concluding that the absence of an individualized hearing to determine a sex offender's dangerousness "does not offend principles of procedural due process"); State v. Seering, 701 N.W.2d 655, 666 (Iowa 2005) (finding that the plaintiff "has not even explained how the [Iowa] residency restriction statute" violates "a private interest in freedom of choice in residence"). Finally, you ask if any other provision of the Texas Constitution limits a home-rule municipality's authority to impose residence restrictions. See Request Letter, supra note 1, at 2. We know of no Texas case considering challenges to residence restrictions on state constitutional grounds. We note, however, that sex offenders in other states have raised numerous federal constitutional provisions, but none have successfully argued that a (4) residence restriction was unconstitutional. Given the fact-intensive nature of any constitutional analysis of a specific home-rule municipality's ordinance, we will not consider the possible claims generally here. S U M M A R Y State law does not preempt a home-rule municipality's ordinance prohibiting registered sex offenders from living within a specified distance from locations where children typically congregate. Whether a particular ordinance is permitted by the Texas Constitution is a question that must be determined by a court after considering all of the relevant facts applicable to a specific ordinance; to date, however, no court has found that a statutory residence restriction violates any federal constitutional provision. Very truly yours, GREG ABBOTT Attorney General of Texas KENT C. SULLIVAN First Assistant Attorney General ELLEN L. WITT Deputy Attorney General for Legal Counsel NANCY S. FULLER Chair, Opinion Committee Kymberly K. Oltrogge Assistant Attorney General, Opinion Committee Footnotes 1. Letter from Honorable Jane Nelson, Chair, Committee on Health and Human Services, Texas State Senate, to Honorable Greg Abbott, Attorney General of Texas, at 1 (Aug. 29, 2006) (on file with the Opinion Committee, also available at http://www.oag.state.tx.us/) [hereinafter Request Letter]. 2. Several bills already have been filed for the Eightieth Legislative Session that prescribe state-wide residence restrictions for sex offenders. See, e.g., Tex. S.B. 94, 80th Leg., R.S. (2007); Tex. S.B. 88, 80th Leg., R.S. (2007); Tex. H.B. 203, 80th Leg., R.S. (2007); Tex. H.B. 62, 80th Leg., R.S. (2007). We do not consider in this opinion whether any of these bills, if adopted, will preempt municipal residence restrictions. 3. See Weems v. Little Rock Police Dep't, 453 F.3d 1010, 1013, 1016 (8th Cir. 2006) (considering the constitutionality of an Arkansas law prohibiting certain high-risk sex offenders from residing within 2,000 feet of the property on which a public or private elementary or secondary school or daycare facility is located); Doe v. Miller, 405 F.3d 700, 704, 711-14 (8th Cir.) (considering the constitutionality of an Iowa statute that prohibits a person convicted of certain sex offenses from residing within 2,000 feet of a school or registered child-care facility), cert. denied, 126 S. Ct. 757 (2005); Graham v. Henry, No. 06 CV 381 TCK FHM, 2006 WL 2645130, at *1, *8 (N.D. Okla. 2006) (considering the constitutionality of an Oklahoma statute prohibiting certain sex offenders from residing within 2,000 feet of a public or private school, educational institution, playground, park, or licensed child-care facility); People v. Leroy, 828 N.E.2d 769, 775, 778 (Ill. App. Ct. 2005) (considering the constitutionality of an Illinois statute prohibiting certain sex offenders from knowingly residing within 500 feet of a playground or a facility providing programs or services exclusively directed toward persons under 18 years of age). 4. See, e.g., Weems, 453 F.3d at 1015, 1017 (holding that Arkansas statutory residence restriction does not violate constitutional substantive due-process principles, does not violate a constitutional right to travel, and is not an unconstitutional ex post facto law); Doe, 405 F.3d at 708, 709-23 (holding that Iowa's statutory residence restriction is not unconstitutionally vague, does not violate substantive due process, does not violate the right against self-incrimination, and is not an ex post facto law); Graham, 2006 WL 2645130, at *4-*10 (concluding, in the context of a motion for a preliminary injunction, that Oklahoma's statutory residence restriction did not violate the constitutional prohibition against double jeopardy, substantive due-process principles, or the Privileges and Immunities Clause of the Fourteenth Amendment); Coston v. Petro, 398 F. Supp. 2d 878, 880, 887 (S.D. Ohio 2005) (noting sex offender's arguments that an Ohio statutory residence restriction that prohibits a sex offender from residing within 1,000 feet of a school premises infringes on the fundamental right of privacy in family matters and the fundamental right of intrastate travel and violates the constitutional right against impairment of contracts, the right against self- incrimination, the Ex Post Facto Clause, and the Takings Clause of the Fifth Amendment); Seering, 701 N.W.2d at 665, 666-69, 670 (holding that Iowa's statutory residence restriction does not violate substantive due process, the Ex Post Facto Clause, or the right against self- incrimination, and did not constitute unconstitutionally cruel and unusual punishment); Leroy, 828 N.E.2d at 776-77, 778-84 (holding that Illinois statutory residence restrictions do not violate substantive due-process principles, constitute an ex post facto law, violate the prohibition against self-incrimination, or constitute cruel and unusual punishment); Denson v. Georgia, 600 S.E.2d 645, 646-47 (Ga. Ct. App. 2004) (concluding that Georgia's statutory residence restriction, which prohibits a sex offender from residing within 1,000 feet of a day-care facility, is not an ex post facto law because the sex offender can be punished only if he "prospectively chooses to violate the law by continuing to reside" within the prohibited zone). Home | Opinions ORDINANCE NO. ____________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK BY AMENDING CHAPTER 7 (“OFFENSES AND NUISANCES”) TO ADD A NEW ARTICLE 7.1100 TO BE ENTITLED “REGISTERED SEX OFFENDERS,” TO PROHIBIT CERTAIN DESIGNATED PERSONS FROM RESIDING WITHIN 2,000 FEET OF PREMISES WHERE CHILDREN GATHER; PROVIDING THAT A CULPABLE MENTAL STATE IS NOT REQUIRED FOR COMMITTING AN OFFENSE; PROVIDING FOR AFFIRMATIVE DEFENSES; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING 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 City Council of the City of University Park finds, determines and declares that registered sex offenders are a serious threat to public safety; and WHEREAS , the City Council determines that the recidivism rate for registered sex offenders is alarmingly high, especially for those who commit crimes against children; and, WHEREAS , the City Council determines that establishing a policy to restrict the property available for residence of registered sex offenders will provide better protection for children gathering in the City; and WHEREAS , a 2,000 foot safety zone for registered sex offenders is fair and appropriate; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. ThatChapter 7 (“Offenses and Nuisances”) of the Code of Ordinances of the City of University Park, Texas, is hereby amended by adding a new Article 7.1100, to be entitled “Registered Sex Offenders,” without amendment, repeal or change to any other article, section, or provision of Chapter 7, such that the new Article 7.1100 shall read in its entirety as follows: “CHAPTER 7 OFFENSES AND NUISANCES . . . ARTICLE 7.1100 REGISTERED SEX OFFENDERS Sec. 7.1101 Definitions. For the purposes of this article, the following terms, words, and the derivations thereof shall have the meanings given herein: Minor means a person younger than seventeen (17) years of age. Permanent Residence means a place where a person abides, lodges, or resides for fourteen (14) or more consecutive days. Temporary Residence means a place where a person abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the person’s permanent residence, or a place where a person routinely abides, resides, or lodges for a period of 4 or more consecutive days or nonconsecutive days in any month and which is not the person’s permanent residence. Sec. 7.1102 Offenses. For each person required to register on the Texas Department of Public Safety’s Sex Offender Database (the “Database”) because of a violation involving a victim who was a minor, it is unlawful for that person to establish a permanent residence or temporary residence in the City within 2,000 feet of any premises where children commonly gather, including a public or private school, day-care facility, public park, playground, public or private youth center, public swimming pool, or video arcade facility. For the purposes of this article, planted street medians shall not be considered public parks. Sec. 7.1103 Evidentiary matters; measurements. (a) It shall be prima facie evidence that this article applies to a person if that person’s record, or records pertaining to that person, appears on the Database and the Database indicates that the victim was a minor. (b) For the purposes of determining the minimum distance separation, the 2,000 foot requirement shall be measured by following a straight line from the outer property line of the permanent or temporary residence to the nearest property line of the premises where children commonly gather, or, in the case of multiple residences on one property, measuring from the nearest property line of the property where the multiple residences are situated to the nearest property line of the premises where children commonly gather. (c) A map depicting the prohibited areas shall be maintained by the City of University Park. The City shall review the map at least annually for changes. The map will be available to the public at the University Park Police Department. Sec. 7.1104 Culpable mental state not required. Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined by this article, and any offense shall be considered a strict liability offense. Sec. 7.1105 Affirmative defenses. It is an affirmative defense to the prosecution of an offense under this article that any of the following conditions apply: (1) The person required to register on the Database established his permanent or temporary residence in the City prior to the effective date of this article, and has complied with all sex offender registration laws of the State of Texas. (2) The person required to register on the Database is a minor, or was a minor when he committed the offense requiring such registration and was not convicted as an adult. (3) The premises where children commonly gather was opened or began to be used as such after the person established the permanent or temporary residence, and the person has complied with all sex offender registration laws of the State of Texas. (4) The information in the Database pertaining to that person is incorrect and, if corrected, this article would not apply to that person. Sec. 7.1106 Penalty. Any person violating the provisions of this article shall, upon conviction, be punished by a fine not to exceed the sum of five hundred dollars ($500.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense.” SECTION 2. That any provisions of the ordinances of the City of University Park in conflict with the provisions of this ordinance are hereby repealed. SECTION 4 . That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision hereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 4. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall, upon conviction, be punished by a fine not to exceed the sum of five hundred dollars ($500.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 5. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of April 2007. APPROVED: _______________________________ JAMES H. HOLMES III, MAYOR ATTEST: _______________________________ NINA WILSON, CITY SECRETARY APPROVED AS TO FORM: __________________________________ CITY ATTORNEY (15155) ORDINANCE NO. ____________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK BY AMENDING CHAPTER 7 (“OFFENSES AND NUISANCES”) TO ADD A NEW ARTICLE 7.1100 TO BE ENTITLED “REGISTERED SEX OFFENDERS,” TO PROHIBIT CERTAIN DESIGNATED PERSONS FROM RESIDING WITHIN 1,000 FEET OF PREMISES WHERE CHILDREN GATHER; PROVIDING THAT A CULPABLE MENTAL STATE IS NOT REQUIRED FOR COMMITTING AN OFFENSE; PROVIDING FOR AFFIRMATIVE DEFENSES; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of April 2007. APPROVED: _______________________________ MAYOR ATTEST: _______________________________ CITY SECRETARY AGENDA MEMO (04-03-07 AGENDA) DATE: March 19, 2007 TO: Bob Livingston City Manager FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Consider Ordinance ___ detailing terms of a Boundary Adjustment Agreement with the City of Dallas. Background. For past two years, University Park staff has been communicating with staff from the City of Dallas regarding the common border between the two cities along Northwest Parkway, from Airline west to Hillcrest. The current boundary line runs east/west just north of the centerline of Northwest Parkway. After considerable discussion with TxDOT, we were instructed to construct the proposed screening wall no closer than six feet to the south curb of Northwest Highway. However, the final location of the wall was established using the aforementioned six foot dimension and our ability to locate pier (supporting the wall) where they are not in conflict with several AT&T conduits running parallel to the wall. Those considerations set the proposed City limit (coincidental with the north face of the wall) 8.69 feet north of its current location. Dallas City Council took action last month to approve this boundary adjustment. The City Limit boundary west of Hillcrest runs north of the median between Northwest Highway and Northwest Parkway, and does not impact the proposed screening wall. Discussion. Staff recommends City Council approval of the enabling ordinance. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AM Boundary Adjustment City of Dallas NW Pkwy 04 03 07.doc 2:20 PM 03/19/07 ORDINANCE NO. _________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, APPROVING A BOUNDARY ADJUSTMENT AGREEMENT WITH THE CITY OF DALLAS, TEXAS, ATTACHED HERETO AS EXHIBIT “A” AND MADE A PART HEREOF FOR ALL PURPOSES, INCLUDING THE RELEASE OF PROPERTY AND RELOCATION OF CITY LIMIT LINE DESCRIBED THEREIN AND THE SERVICE PLAN ATTACHED THERETO; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Boundary Adjustment Agreement attached hereto as Exhibit “A” and made a part hereof for all purposes, including the release of property and relocation of city limit line described therein and the Service Plan attached thereto, is hereby approved in all respects. SECTION 2. That the City Manager is authorized and directed to execute the Agreement on behalf of the City and to process all further actions necessary to give effect thereto. SECTION 3. That this ordinance shall take effect from and after its passage, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of April 2007. APPROVED: ______________________________ JAMES H. HOLMES III, MAYOR APPROVED AS TO FORM: ATTEST: ______________________________ ______________________________ CITY ATTORNEY (15176) NINA WILSON, CITY SECRETARY EXHIBIT A BOUNDARY ADJUSTMENT AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Dallas, Texas, hereinafter referred to as Dallas, and the City of University Park, Texas, hereinafter referred to as University Park. WHEREAS Dallas’s southern boundary is in part contiguous with the northern boundary of University Park; and WHEREAS this existing boundary does not presently allow the efficient development and delivery of cityservices to the area; and WHEREAS the cities desire to modify their mutual boundary so as to allow moreefficient development delivery of city services to the area; and and WHEREAS representatives of Dallas and University Park have met and agreed on a mutually acceptable boundary which is in the best interest of the citizens of each city. NOW THEREFORE for and in consideration of the mutual covenants conditions and promises expressed herein Dallas and University Park agree as follows: SECTION I Statement of Intent It is the intent of Dallas and University Park to modify their respective boundaries in the following manner. Transfer a 0.2120 tract north of Northwest Parkway between Hillcrest Road and Airline Road from Dallas to University Park to allow University Park to build a sound wall. To accomplish this objective, Dallas agrees to release a portion of its city so as to allow University Park to include the same. SECTION II Release of Territory Dallas agrees to release the following property to University Park: See Attachment No 1 SECTION III Waiver of Extraterritorial Jurisdiction Dallas does hereby waive all of its extraterritorial jurisdiction rights existing by reason of the property described in Section II in favor of University Park It is expressly agreed and understood that this waiver shall operate only in favor of University Park and shall not constitute a waiver of any right including extraterritorial jurisdiction rights which Dallas may be able to assert against any other municipality. SECTION IV Service Plan Upon ratification and adoptionof this agreement by the city council of University Park, University Park does hereby agree to immediately begin implementation into the affected area of the service plan attached to and made a part of this agreement as Attachment No. 2. SIGNED this the ______ day SECTION V Effective Date Dallas and University Park agree that thisagreement shall take effect only upon ratification and adoption by the governing bodies of each city . SIGNED this the ____ day of ______________________, 20____. CITY OF UNIVERSITY PARK, TEXAS CITY OF DALLAS, TEXAS _____________________________ ___________________________________ City Manager City Manager APPROVED AS TO FORM APPROVED AS TO FORM ROBERT L. DILLARD, III, City Attorney THOMAS P PERKINS, JR., City Attorney By_________________________________ By________________________________ City Attorney Assistant CityAttorney ATTEST: ATTEST: ______________________________ _______________________________________ City Secretary City Secretary Attachment No. 1 CITY OF DALLAS CITY OF UNIVERSITY PARK RELOCATION OF CITY LIMIT LINE HILLCREST AVENUE TOAIRLINE ROAD ABSALOM BRANDENBURG SURVEY ABSTRACT NO. 77 CITY OF DALLAS, DALLAS COUNTY, TEXAS Being a tract or parcel of land situated in the Absalom Brandenburg Survey Abstract No. 77, City of Dallas, Dallas County, Texas, and being part of Northwest Highway (a 100’ right-of-way), and being more particularly described as follows: BEGINNING at 3-1/4” brass disk stamped “University Park City Limit Line” set at the intersection of the west line of Airline Road (60’ right-of-way) and the south line of said Northwest Highway; THENCE South 89º 11’53” West along the south line of said Northwest Highway and the City Limit Line between the City of University Park and the City of Dallas passing at a distance of 1063.35 feet a TXDOT PK Nail, continuing along the south line of said Northwest Highway and along said City Limit Line a total distance of 1063.50 feet to a point for corner at the intersection of the south line of said Northwest Highway and the east line of Hillcrest Avenue (an 80’ right-of-way); THENCE North 01º 33’ 31” West, departing the south line of said Northwest Highway and along said City Limit Line, a distance of 8.69 feet to a MAG Nail set for corner; THENCE North 89º 11’53” East, departing said City Limit Line, a distance of 1063.50 feet to a MAG Nail set for a corner; THENCE South 01º 33’ 31” East a distance of 8.69 feet to the POINT OF BEGINNING and containing 9,236 square feet or 0.2120 acres, more or less. __________________________________________________________________ G Richard Busby R.P.L.S. 4111 BASIS OF BEARINGS: THE CITY OF UNIVERSITY PARK GEODETIC CONTROL MONUMENT NO. 6 AND AZIMUTH MARKER. CONTROLLING MONUMENTS: A 1/2” IRON ROD FOUND AT THE NORTHEAST CORNER OF LOT 28, BLOCK 62, UNIVERSITY HEIGHTS, EIGHTH SECTION AND A 3/4” IRON PIPE FOUND AT THE NORTHWEST CORNER OF LOT 17, BLOCK 62, SAID UNIVERSITY HEIGHTS, EIGHTH SECTION. Attachment No. 1 AGENDA MEMO (04/03/2007 AGENDA) DATE: April 3, 2007 TO: Honorable Mayor and City Council FROM: Harry Persaud, MRTPI, AICP, Community Development Manager SUBJECT: Consider approval of Scope of Services for Dan Sefko and Associates to amend the Comprehensive Zoning Ordinance, prepare a Subdivision Ordinance and related services; and authorize the City Manager to sign a contract for specified services. Background/Analysis: On October 5, 2006, City Council held a public discussion on the subject of “Regulating the size of single family homes” to which residents and builders in the community participated. At that meeting staff reviewed the current regulations in place for single family construction and explored alternatives used by similar communities to further regulate the size of single family homes. On January 16, 2007 City Council received a report and discussed specific issues affecting new construction in the multi family districts. Residents and builders also participated in that discussion. At that meeting staff reviewed current standards in place for regulating driveways and off-street parking in the multi family districts and proposed amending those standards to resolve specific issues impacting the neighborhoods. Developing minimum standards to improve the quality of development in the multi family districts and regulating the building envelope for single family construction requires specific knowledge, expertise and time to work through the process with builders and residents. Following direction from Council, staff discussed a list of items with Dan Sefko and Associates and the attached ‘Scope of Services’ was prepared. Recommendation: Staff recommends approval. Attachments: Scope of Services Exhibit "A" - Page 1 of 5 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Scope of Services.doc SCOPE OF SERVICES FOR AMENDMENTS TO THE ZONING ORDINANCE AND PREPARATION OF A SUBDIVISION ORDINANCE AND RELATED SERVICES City of University Park, Texas TASK 1 - PROJECT ORIENTATION/ISSUE IDENTIFICATION The purpose of this task is to ensure that the forthcoming work program is organized properly and relevant issues are identified on the outset which must be addressed in amending the Zoning and Subdivision Ordinances. The Consultant is already familiar with some of the issues identified within the City, but there may be other community issues which also need to be addressed. The Consultant will structure an orientation meeting with the City. The orientation meeting will be conducted by the Consultant to finalize, or make any necessary refinements to the Zoning Ordinance amendment process and the Subdivision Ordinance. The preliminary amendment process is outlined in this scope of services. The process must be clearly divided into key phases and incorporate an input process which is easily understood by the public. The orientation meeting will allow a forum for the City and the Consultant to familiarize each other with the expectations for the project. At the conclusion of this task, any refinements to the scope of services can be made to address specific issues identified during this task. Additional refinements may be needed to address issues identified later in the update process. TASK 2 - PROJECT SCHEDULING AND PUBLIC PARTICIPATION In conjunction with Task 1, or immediately following, a project schedule should be developed. After the orientation meeting, we will have an understanding of what should be achieved from the community's overall objectives. Based on these proceedings, a public participation program will be established. Generally, the best approach is to incorporate three "levels" of input into the process. One level of review and input is achieved at the City staff level. They can provide much background and other detailed information that they monitor on a day-to-day basis. We would anticipate extensive interaction and participation by the City staff throughout the project. The second level of review occurs through committees and elected officials, such as the City Council. It is understood that a "Steering Committee" has already been established. It is suggested the Consultant utilize this existing Steering Committee to work with City staff and the Consultant in preparing revision to the Zoning Ordinance and preparation of the Subdivision Ordinance. The third level is input by interested citizens and property owners of University Park. At several points during the update of the Zoning and Subdivision Ordinance, it will, in certain instances, be desirable (and in other instances be required) to have public hearings or workshops that interested people can attend and during which they can provide input. Exhibit "A" - Page 2 of 5 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Scope of Services.doc The purpose of this task will be to finalize or adjust the work program elements, the scheduling, undertake any appropriate background research, and the citizen or developer participation points throughout the process. Once this is agreed upon by the City and the Consultant, a memorandum will be prepared which explains the process for producing the Zoning and Subdivision Ordinance amendments. This memorandum will be suitable for distribution to the public, news media and others interested in this project. It is important for the public, as well as the media, to understand the process. We have found that if these entities are included or informed in the beginning, public perception is more positive. If it is determined that items important to the City should be addressed immediately, those items can be addressed during this task. The Consultant will provide preliminary comments or recommendations on those items. TASK 3 - PREPARATION OF DRAFT ZONING ORDINANCE AMENDMENTS Based upon the input and results of Tasks 1 and 2, the Consultant will prepare recommended amendments to the Zoning Ordinance. The City’s existing Zoning Ordinance is organized into the following articles: Article 1 - General Provisions ? Article 2 – Development Review Bodies ? Article 3 – Development Review Procedures ? Article 4 – District Regulations ? Article 5 – General Development Standards ? Article 6 – Nonconformities ? Article 7 – Enforcement ? Article 8 – Definitions ? Most of the residential appearance standards the City has in place are in Article 4 (District Regulations) and Article 5 (General Development Standards). Although some amendments may be suggested to other articles most of the amendments will be to Articles 4 and 5. The proposed Zoning Ordinance amendments will include or address (but not necessarily be limited to) the following as they relate to residential construction. ? Residential or multi-family districts with district development standards or performance standards ? Definitions (new or revised) ? Use charts (new or deleted uses) ? Site plan review requirements and procedures ? Planned Development process and standards ? Building articulation standards (front & side) Exhibit "A" - Page 3 of 5 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Scope of Services.doc ? Building height ? Accessory use standards ? Potential for innovative standards, incentive and bonus standards ? Standards to ensure compatibility with existing neighborhoods or homes ? Screening/buffering requirements, etc. ? Illustrations (new or revised) ? Parking requirements for multi family (number of spaces, design standards, etc.) ? Revised or new fence standards ? Driveway standards ? Special or supplemental requirements ? Policies and procedures for nonconforming uses After the recommended draft Ordinance amendments have been prepared, the Consultant will meet with the City staff to discuss the content of the draft and functional options. After mutual agreement has been reached regarding the items and elements to be incorporated Ordinance format, the recommended draft Ordinance amendments can then be presented to the City Council. It is suggested that workshops be scheduled for informal review of the proposed amendments. At these workshops, the Consultant can present the logic and reasons for the various districts, standards, and procedure requirements. TASK 4 – PREPARATION OF THE DRAFT SUBDIVISION ORDINANCE Although the City currently has some platting requirements (for amending and replats) the City does not have a “Subdivision Ordinance”. It is recommended that the City adopt a more complete set of rules for subdivisions. Based upon community objectives and desired platting and development review procedures, the Consultant will prepare a draft Subdivision Ordinance. The Consultant has found that the following Ordinance divisions are generally effective: ¦ General Provisions: Authority, relationship to the Zoning Ordinance; relationship to other regulations and the City’s existing design standards for public improvements; responsibilities of officials and boards in approving development applications; definitions; incorporation of Subchapter B of Chapter 212 of the Texas Local Government Code and miscellaneous general provisions. ¦ Subdivision Design Standards: Standards for the layout and design of streets (including the developer’s fair share of perimeter roads and utilities, provisions for traffic impact analysis, and rules for private street subdivisions), lots and blocks, alleys (if constructed), easements, sight visibility easements, sidewalks, building lines, utility facilities, storm drainage facilities and Exhibit "A" - Page 4 of 5 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Scope of Services.doc water quality features, street signs and lighting, basement design, screening alternatives, retaining walls, monumentation, etc. ¦ Design Specifications for Street Paving and Other Public Improvements: This portion includes standards for the actual design and construction of streets and other required site improvements for the subdivision including alternative paving materials. A review will be conducted of the City’s existing requirements to determine if any revisions are necessary. ¦ Timing of the Construction of Streets and Other Public Improvements: In this division, the timing for the construction of improvements is established, and performance controls are included to ensure that vertical construction of buildings does not get too far ahead of completion of essential public services and facilities. ¦ Requirements for Acceptance of Subdivisions by the City: This division includes provisions for ensuring that the developer or builder finishes the required public improvements (if applicable) in a timely fashion, and what to do if this does not occur. It also includes forms of surety (assurances) that a developer may choose to use for certain public improvements that will not, for reasons acceptable to the City, be constructed with the subdivision. ¦ Platting/Development Procedures: This division sets forth both general provisions applicable to all platting/development applications, such as notice and hearing requirements, and the procedural steps for approval of specific types of plats. Typically included are sections pertaining to what constitutes a “complete” application, when the statutory 30-day approval period begins to run, provisions for expiration of dormant plats, waiver/suspension of certain subdivision rules, appeals and other similar items. After the draft Subdivision Ordinance has been prepared, the Consultant will meet with the City staff to discuss the content of the draft and functional options. After mutual agreement has been reached regarding the items and elements to be incorporated in the new Ordinance, the recommended draft Ordinance will be presented to the City Council. It is suggested that workshops be scheduled for informal review of the draft text. At these workshops, the Consultant can present the logic and reasons for the various provisions in the Subdivision Ordinance. The product of this task is a complete draft of a new Subdivision Ordinance. TASK 5 - PUBLIC WORKSHOPS It will likely be necessary to hold public workshops with persons from the development community and interested property owners, as well as the general public to familiarize them with the proposed amendments and/or Ordinance. The proposed text documents can be reproduced and distributed prior to these workshops if the City so desires. These workshops should be undertaken prior to the required public hearings to avoid delays after the public hearing process is initiated and coordinated with the media, cable, or other public-access mechanisms. Exhibit "A" - Page 5 of 5 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Scope of Services.doc TASK 6 - TEXT REVISIONS FOR PRODUCTION OF THE FINAL DRAFTS Based upon the input and guidance from the City via the public workshops, it is expected that revisions will be necessary to the first draft documents. The strategies for treatment of nonconformities also will be incorporated into the Ordinances. The Consultant will prepare the recommended final draft documents incorporating the appropriate revisions as recommended by the Steering Committee and City Council. It is anticipated that these will be the draft documents suitable for presentation prior to the public hearings as required by State law. The Consultant will, if requested by the City, assist in preparing public hearing notices for advertising the public hearings. However, the City will be responsible for actual publication and mailing of public hearing notices in accordance with State laws. TASK 7 - PUBLIC HEARINGS ON THE FINAL DRAFT ZONING ORDINANCE AMENDMENTS AND SUBDIVISION ORDINANCE After the City Council and Steering Committee have had an opportunity to review all aspects of the proposed amendments and Ordinance, the public hearings can be held. The Consultant will be present at the public hearings to explain the new Ordinance and to answer questions. After the public hearings are held, the Consultant will incorporate any recommended changes into the final draft documents. Final "camera ready" documents, as approved by the City Council, will subsequently be delivered to the City. The text documents will be delivered in hard copy and electronic format. Exhibit "A" - Page 6 of 5 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Scope of Services.doc COMPENSATION FOR ZONING ORDINANCE AMENDMENTS AND PREPARATION OF A SUBDIVISION ORDINANCE AND RELATED SERVICES City of University Park, Texas A. For services to prepare amendments to the Zoning Ordinance and preparation of a Subdivision Ordinance, the amount of compensation to the planning consultant shall not exceed $72,000. B. The planning consultant will invoice for work, or a percentage of the work, completed in accordance with the following amounts: Task 1 Project Orientation/Issue Identification $ 1,200.00 Task 2 Project Scheduling/Public Participation/Background Research 5,600.00 Task 3 Preparation of Draft Zoning Ordinance Amendments 27,000.00 Task 4 Preparation of Draft Subdivision Ordinance 29,000.00 Task 5 Public Workshops (2) 3,000.00 Task 6 Text Revisions for Final Drafts 4,000.00 Task 7 Public Hearings (2) estimated 2,200.00 Total Professional Services Fees: $ 72,000.00 C. The above estimates do not include printing, map reproduction costs, delivery/courier charges, public notification expenses, or other similar direct expenses. These costs will be invoiced to the City separately at the Consultant’s actual incurred cost multiplied by 1.5. D. The above estimates do not include fees for any legal services related to preparation of the Zoning Ordinance amendments or the Subdivision Ordinance. E. This scope of services includes twelve (12) meetings to the City of University Park. Meetings in excess of twelve shall be considered additional to the scope of this contract, and shall be invoiced to the City at our customary hourly rates, plus any incurred preparation or travel expenses. F. The scope of services outlined herein shall be completed within ten (10) months following the execution date of this contract unless delays are caused by circumstances beyond the Consultant’s control (such as scheduling of meetings and workshops by the City, prolonged public review time periods deemed necessary by the City, etc.). The Consultant will address any interim standards identified in Task 2 as soon as possible. G. The consultant may invoice monthly only for the percentage of the amount of work completed on each task, and amounts invoiced shall not exceed the amount allocated for each task (see B above). All invoices are due within 30 days of receipt by the City. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Scope of Services.doc 9:42 AM 03/29/07 CONTRACT FOR PREPARING AMENDMENTS TO THE ZONING ORDINANCE, PREPARATION OF A SUBDIVISION ORDINANCE AND RELATED SERVICES for the City of University Park, Texas rd This CONTRACT is made and entered into this 3 day of April 2007 by and between the City of "City" University Park, hereinafter called the , and Dunkin, Sefko & Associates, Inc., a corporation "Planning Consultant" hereinafter called the . RECITALS Planning Consultant This CONTRACT is applicable to the furnishing of planning services by the for preparing amendments to the Zoning Ordinance, preparation of a Subdivision Ordinance and Related Services, hereinafter called the "Project". CONTRACTUAL UNDERTAKINGS SECTION I Planning Consultant Employment of Planning Consultant A. Employment of the : CityPlanning Consultant The hereby agrees to retain the to perform professional planning services in Planning Consultant connection with the Project; the agrees to perform such services in accordance with the terms and conditions of this CONTRACT. B. Scope of Services: Planning Consultant The parties agree that the shall perform such services as are set forth and described in Exhibit "A", which is attached hereto and thereby made a part of this CONTRACT. The parties understand and agree that deviations or modifications in the form of written change orders may be City authorized from time to time by the . SECTION II Authorization of Services Planning Consultant No professional services of any nature shall be undertaken by the pursuant to this Planning ConsultantCity CONTRACT until the has received written authorization to proceed from the . SECTION III Period of Service CityPlanning Consultant This CONTRACT shall be effective upon execution by the and the , and shall remain in force until the Scope of Services are completed within the period provided in Exhibit “B”, or until terminated under the provisions hereinafter provided in Section XII. Page 1 of 5 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Contract 03-29-07 TG.doc SECTION IV City Coordination With the CityPlanning Consultant The shall designate a Project Coordinator through whom the shall coordinate all Planning Consultant work efforts and meetings/workshops pertaining to the Project. The shall attend City meetings at the City of University Park as determined by the Project Coordinator for the , in accordance with the Scope of Services (Exhibit "A") which is attached and thereby made a part of this CityPlanning Consultant CONTRACT. The shall make available to the for use in this Project all City existing plans, ordinances, maps, prior studies, statistics, computations and other data in the 's City possession pertaining to the Project which the might believe could have any relation to the Project. Planning Consultant The may rely upon the accuracy and completeness of such plans, maps, studies, CityCity statistics, computations and/or other data provided to him by the unless noted by the . SECTION V Compensation and Method of Payment Planning Consultant The parties agree that the shall be compensated for all services provided pursuant to this CONTRACT in the amount and manner described and set forth in the Compensation Schedule Planning attached hereto as Exhibit "B", and which is thereby made a part of this CONTRACT. The Consultant further agrees that he will prepare invoices which correlate to the Compensation Schedule as described in said Exhibit "B". SECTION VI Legal Services Planning Consultant The will advise and assist the Project Coordinator in the need for seeking legal assistance either through the City’s Attorney or from an outside source. However, nothing contained herein City shall alter the fact that the shall be responsible to pay for all costs or fees associated with any such consultation with legal counsel. SECTION VII Standard of Care Planning Consultant The will perform and complete work related to the Project in a good and Planning Consultant workmanlike manner. The performance of all services by the under this CONTRACT will be by persons appropriately certified or registered under State, local and Federal laws, where such certification or registration is required. In performing all services under this CONTRACT, the Planning Consultant will use that degree of care and skill ordinarily exercised for similar projects by professional consulting firms who possess special expertise in the types of services involved under this Planning Consultant CONTRACT. In performing all services under this CONTRACT, the will comply with all local, state and federal laws. The Project Coordinator shall at all times have access to the work for the purpose of inspecting the work and determining that the work is being performed in accordance with the terms of this CONTRACT. SECTION VIII Independent Contractor Relationship; Subcontractors Planning Consultant In performance of the services hereunder, the shall be an independent contractor with Planning the sole authority to control and direct the performance of the details of the work. The ConsultantCity is self-employed, shall not purport to be an employee or an agent of the , and shall not City have any right or power to bind the to any obligation not otherwise specifically authorized in writing Page 2 of 5 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Contract 03-29-07 TG.doc CityPlanning Consultant by the . The shall provide its own premises for performance of its duties City hereunder, but shall have free access to the premises of the during reasonable working hours and to any information, records and other material relevant to its work hereunder. All professional services Planning Consultant associated with this project shall be performed by the . Any sub-consultant(s) as the City may require in conjunction with performance of specifically identified tasks in this Scope of Services shall be approved and contracted separately by the City, unless otherwise agreed-to in writing as an Addendum to this CONTRACT. SECTION IX Indemnity; Insurance Planning ConsultantCity A. The agrees to indemnify and hold harmless the and its officers, agents and employees of and from damages, injuries (including death), claims, property damages (including loss of use), losses, demands, suits, judgments and costs, including reasonable attorneys’ fees and expenses, which Planning Consultant directly arise out of the ’s breach of any of the terms or provisions of this Planning Consultant CONTRACT, or by any other negligent act, error or omission of the , its agents, Planning servants, employees, subcontractors, or any other persons or entities for whose acts the Consultant is legally liable. However, such indemnity for the design professional and his employees for negligence in the performance of professional services, and damages resulting from negligence in the performance of professional services, shall be limited to an amount of one hundred fifty thousand dollars ($150,000.00) Planning Consultant B. The agrees to obtain and keep in force, at its sole cost and expense, throughout City the term of this CONTRACT, in a form and with a company satisfactory to the , the following policies of insurance: (1) Commercial General Liability Insurance with combined single limits of not less than $500,000; (2) Contractual Liability Insurance underwriting the indemnification, hold harmless and insurance provisions of this CONTRACT with combined single limits of not less than $500,000; and (3) Worker's Compensation and Employer's Liability Insurance. C. Certificates of Insurance verifying each of the above conditions, and providing for thirty (30) days' City written notice of any cancellation or reduction in coverage, shall be submitted to the within thirty (30) City days of the execution of this CONTRACT if requested by the . In the event that the limits of liability Planning imposed upon municipalities are increased by the Texas Legislature, the parties agree that the Consultant shall increase the coverage and limits of liability required by this CONTRACT to conform to the new liability limits created by the Texas Legislature. SECTION X Progress Meetings Planning Consultant The agrees to attend progress meetings with the Project Coordinator when the Planning ConsultantCity is in the (or via telephone), and at such meetings will endeavor to outline work Planning Consultant accomplished and identify any special problems or issues known to the which are encountered in connection with the Project. SECTION XI Ownership of Documents Page 3 of 5 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Contract 03-29-07 TG.doc Planning All documents, including the Zoning Ordinance and related maps, prepared or furnished by the ConsultantCity (and any independent professional sub-consultants that may be retained by the ) pursuant City to this CONTRACT are instruments of service with respect to the Project. The shall retain ownership and property interest therein, whether or not the Project is completed, upon full and complete payment by CityPlanning Consultant the to the for the work completed and the cost of report/document reproduction Planning Consultant (i.e., printing) and other similar direct expenses. The will retain all of its records and supporting documentation relating to this CONTRACT, and not delivered to the City, for a period of three Planning Consultant years, except that in the event the goes out of business during that period, it will turn over to the City all of its records relating to the Project for retention by the City. SECTION XII Termination Either party to this CONTRACT may terminate the CONTRACT by giving to the other party thirty (30) CityPlanning ConsultantPlanning days' notice in writing. Upon delivery of such notice by the to the , the Consultant shall immediately discontinue all services in connection with the performance of this CONTRACT and shall proceed to promptly cancel all existing orders and contracts insofar as such orders or contracts are chargeable to this CONTRACT. As soon as practical after receipt of notice of Planning Consultant termination, the shall submit a final invoice, showing in detail the services performed CityPlanning Consultant under this CONTRACT up to the date of termination. The shall then pay the within thirty (30) days any unpaid invoice(s) which relate to services actually performed under this CONTRACT. Originals of all completed or partially completed reports/documents prepared under the City CONTRACT shall be promptly delivered to the upon termination. SECTION XIII Miscellaneous A. This CONTRACT contains the entire agreement between the parties covering the subject matter. Planning ConsultantPlanning Consultant B. The hereby affirms that neither the nor any officer or Planning Consultant’s employee of the firm have made or agreed to make any valuable gift whether in the form of service, loan, thing, or promise to any person or any of his/her immediate family, having the duty to recommend, the right to vote upon, or any other direct influence on the selection of consultants to provide City professional services to the within the two years preceding the execution of this CONTRACT. C. In case any one or more of the provisions contained in this CONTRACT shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this CONTRACT shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Planning Consultant D. In performing the services required under this CONTRACT, the will not discriminate against any person on the basis of race, color, religion, sex, national origin, age or disability. City E. All services provided pursuant to this CONTRACT are for the exclusive use and benefit of the . City F. The is governed by the Texas Public Information Act (the “Act”), Chapter 552 of the Texas Local Government Code. This CONTRACT and all written information generated under this CONTRACT may Planning Consultant be subject to release under the Act. The shall not make any reports, maps, information, data, etc. generated under this CONTRACT available to any individual or organization City without the written approval of the . Page 4 of 5 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Contract 03-29-07 TG.doc CityPlanning Consultant G. The and the , respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this CONTRACT and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this CONTRACT. CityPlanning Consultant The and the may not assign, sublet or transfer any interest in this CONTRACT without the written consent of the other party. H. Any change in the Scope of Services or the compensation to this CONTRACT may be made only by City’sCityPlanning written instrument approved by the governing body and signed by both the and the Consultant . I. Any exhibits and/or attachments attached to this CONTRACT are incorporated by reference into this CONTRACT as though included verbatim herein. J.In the event of any conflict between the Terms and Conditions of this Contract and the provisions of any exhibit or attachment to this CONTRACT, the Terms and Conditions of this Contract will govern and control. K. This entire CONTRACT is performable in University Park, Texas, and the venue for any action related, directly or indirectly, to this CONTRACT or in any manner connected therewith shall be Dallas County, Texas, and this CONTRACT shall be construed under the laws of the State of Texas. CityPlanning Consultant L. The responsible parties for any notice or contact between the and the shall be the City Manager (or his/her designee) of the City of University Park, and Mr. Dan Sefko, President, Dunkin, Sefko & Associates, Inc. Planning Consultant EXECUTED IN TWO counterparts (each of which is an original) on behalf of the rd City by its Principal shown below, and on behalf of the by its City Manager this 3 day of April 2007. CITY OF UNIVERSITY PARK, TEXAS DUNKIN, SEFKO & ASSOCIATES, INC. Urban Planning Consultants _______________________________________ __________________________________________ Bob Livingston, City Manager Dan G. Sefko, AICP, President ATTEST: ATTEST: _______________________________________ __________________________________________ Nina Wilson, City Secretary [Signature] Page 5 of 5 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Contract 03-29-07 TG.doc AGENDA MEMO (4/03/07 AGENDA) DATE: March 28, 2007 TO: Nina Wilson City Secretary FROM: Bob Whaling, P.E. City Engineer SUBJECT: Northwest Parkway Screening Wall, Project No. 21800 Main Miscellaneous CONSIDER APPROVAL OF BID AND AWARD OF A CONTRACT TO REBCON, INC., for the labor and materials furnished for the Northwest Parkway Screening Wall, Project No. 21800. The budgeted account number is 44-44-4410, Project No. 21800-2300. AGENDA MEMO (4/03/07 AGENDA) DATE: March 28, 2007 TO: Bob Livingston City Manager FROM: Bob Whaling, P.E. City Engineer SUBJECT: Northwest Parkway Screening Wall, Project No. 21800 Background: Bids were received for the above project on March 28, 2007. The bid had six (6) plan holders with two (2) responding. After reviewing the bid and verifying references it was determined that Rebcon, Inc. is the apparent low bidder in the amount of $2,437,173.25. I have attached the bid tabulation sheet for your review and comments. The above-referenced project is a 270-working day contract. Recommendation: Staff recommends City Council approval of the bid and award of a contract to Rebcon, Inc. in the amount of $2,437,173.25. 3/28/2007 NORTHWEST PARKWAY SCREENING WALL, PROJECT NO. 21800 Rebcon, Inc.North Texas Bridge TotalTotal ItemUnitUnit QtyUnitAmountAmount Description No.AmountAmount SECTION 1 - STORM SEWER STRM.11EA.Remove Existing 10' Curb Inlet$1,000.00$1,000.00$1,600.00$1,600.00 STRM.21EA.Remove Existing 14' Curb Inlet$1,700.00$1,700.00$2,080.00$2,080.00 STRM.32EA.Plug Existing 18" RCP Storm Sewer Pipe$660.00$1,320.00$200.00$400.00 STRM.3A4EA.Plug Existing 48" RCP Storm Sewer Pipe$1,100.00$4,400.00$336.00$1,344.00 STRM.455LFRemove Existing 18" RCP Storm Sewer $88.00$4,840.00$80.00$4,400.00 Pipe STRM.5405LFRemove Existing 48" RCP Storm Sewer $92.00$37,260.00$155.20$62,856.00 Pipe STRM.6125LF21" Class III Reinforced Concrete Pipe w/ $99.00$12,375.00$160.00$20,000.00 Recycled Concrete Mix Backfill and Embedment STRM.737LF30" Class III Reinforced Concrete Pipe w/ $132.00$4,884.00$240.00$8,880.00 Recycled Concrete Mix Backfill and Embedment STRM.8442LF48" Class III Reinforced Concrete Pipe w/ $162.00$71,604.00$432.00$190,944.00 Recycled Concrete Mix Backfill and Embedment STRM.937LF48" Class IV Reinforced Concrete Pipe w/ $220.00$8,140.00$480.00$17,760.00 Recycled Concrete Mix Backfill and Embedment STRM.101EA.Construct 5' Curb Inlet (Includes 10' $2,200.00$2,200.00$4,000.00$4,000.00 Upstream and 10' Downstream Variable Height Curb)(Top to Flowline Depth 4'-.0") STRM.112EA.Construct Recessed 10' Curb Inlet $3,300.00$6,600.00$3,680.00$7,360.00 (Includes 10' Upstream and 10' Downstream Variable Height Curb)(Top to Flowline Depth 4'-.0") STRM.123EA.Construct Type 'B' Storm Sewer Manhole $9,900.00$29,700.00$5,760.00$17,280.00 (5' x 5') STRM.131EA.Connect Proposed 21" Class III $330.00$330.00$800.00$800.00 Reinforced Concrete Pipe to Existing 48" RCP Storm Sewer Pipe City of University Park Bid Tabs-1 of 5 3/28/2007 NORTHWEST PARKWAY SCREENING WALL, PROJECT NO. 21800 Rebcon, Inc.North Texas Bridge TotalTotal ItemUnitUnit QtyUnitAmountAmount Description No.AmountAmount STRM.141EA.Connect Proposed 48" Class III $550.00$550.00$1,120.00$1,120.00 Reinforced Concrete Pipe to Existing Manhole STRM.154EA.Install 48" x 12" RCP Prefabricated Wye $330.00$1,320.00$640.00$2,560.00 Connection (Complete In Place) STRM.161EA.Install 30" x 21" RCP Prefabricated Wye $220.00$220.00$480.00$480.00 Connection (Complete In Place) STRM.171EA.Install 24" x 12" RCP Prefabricated Wye $110.00$110.00$400.00$400.00 STRM.181EA.Install 21" x 12" RCP Prefabricated Wye $110.00$110.00$320.00$320.00 Connection (Complete In Place) STRM.1995LF 12" SDR-35 PVC Sanitary Sewer Pipe w/ $82.00$7,790.00$120.00$11,400.00 Recycled Concrete Mix Backfill and Embedment STRM.20175LF Install 3' x 2' Reinforced Concrete Precast $220.00$38,500.00$600.00$105,000.00 Box Culvert w/ Recycled Concrete Mix Backfill and Embedment STRM.216EA.Install Oldcastle Precast CB1313 Grate $1,100.00$6,600.00$880.00$5,280.00 Inlet or Approved equal STRM.221EA. Adjust to Grade and Reconstruct 5' Curb $1,100.00$1,100.00$1,760.00$1,760.00 Inlet Top (includes removal of inlet top) STRM.231LS Trench Safety Design and Installation$2,200.00$2,200.00$60,000.00$60,000.00 STRM.241LS System Test (Televised after subgrade $220.00$220.00$4,000.00$4,000.00 accepted) $245,073.00$532,024.00 SECTION 1 - STORM SEWER P.11LSMobilization$200,000.00$200,000.00$330,000.00$330,000.00 P. 218MTH Barricades, Signs and Traffic Handling$1,500.00$27,000.00$2,000.00$36,000.00 P. 31LSPrepare Right of Way $60,000.00$60,000.00$150,000.00$150,000.00 P. 41LSUnclassified Street Excavation ( Includes $29,000.00$29,000.00$69,000.00$69,000.00 Embankment and Borrow ) P. 5628LFSawed Breakout line-Full Depth $3.00$1,884.00$18.00$11,304.00 P. 612EATemporary Rock Driveways$450.00$5,400.00$4,000.00$48,000.00 P. 76825SYRemoveAsph.ConcretePvmt.w/Reinf.$8.00$54,600.00$33.00$225,225.00 ConcreteBase(4"HMACAverageand6" Concrete Base includes 6" Curb) City of University Park Bid Tabs-2 of 5 3/28/2007 NORTHWEST PARKWAY SCREENING WALL, PROJECT NO. 21800 Rebcon, Inc.North Texas Bridge TotalTotal ItemUnitUnit QtyUnitAmountAmount Description No.AmountAmount P. 8890SY Remove Existing 4" +/- Reinforced $5.00$4,450.00$24.00$21,360.00 Concrete Sidewalk P. 9241SYRemoveExistingConcreteReinforced$10.00$2,410.00$150.00$36,150.00 Concrete Driveway P. 103205SY6" Reinforced Concrete Pavement w/ 6" $45.00$144,225.00$58.80$188,454.00 Mono Curb Class "C", 6 Sack, 4000 PSI@28 Days P. 112120SY9" Reinforced Concrete Pavement w/ 6" $60.00$127,200.00$72.00$152,640.00 Mono Curb Class "C", 6 Sack, 4000 PSI@28 Days P. 122150SY8" Cement Modified Soil (8% Cement)$7.00$15,050.00$9.60$20,640.00 P. 1349TONCement$220.00$10,780.00$144.00$7,056.00 P. 143456LF6" Mono Reinforced Concrete Curb $1.00$3,456.00$3.12$10,782.72 P. 1520LF6"MountableMonoReinforcedConcrete$35.00$700.00$4.20$84.00 Curb P. 1650SYRemoveReinforcedConcreteAlley$10.00$500.00$36.00$1,800.00 Approach P. 17180SYRemoveExistingConcreteReinforced$15.00$2,700.00$120.00$21,600.00 MedianandReplacewithTemporary PavementRepair(4"HMACandRecycled ConcreteMixBackfill)(Costincludes placement,maintenance,andremoval) (Restripingfortrafficmedianisincludedin Item "Barricades, Signs an P. 18241SY6"ReinforcedConcreteDrivewayClass$50.00$12,050.00$64.80$15,616.80 "C", 6 Sack, 3600 PSI@28 Days P. 1950SY6"ReinforcedConcreteBase,Class"C",6$75.00$3,750.00$180.00$9,000.00 Sack,3600PSI@28Dayswith4"HMAC Overlay (Transitional Pvmt) P. 201895SY4"ReinforcedConcreteSidewalkClass$33.00$62,535.00$49.20$93,234.00 "A", 5 Sack, 3000 PSI@28 Days P. 21442SY6"ReinforcedConcreteSidewalkClass$60.00$26,520.00$56.40$24,928.80 "C",6Sack,3600PSI@28Days (Northwest Highway) P. 227EABarrier-freeRamps(ADACompliant)$900.00$6,300.00$1,080.00$7,560.00 (BricktobesuppliedbyCityofUniversity Park) City of University Park Bid Tabs-3 of 5 3/28/2007 NORTHWEST PARKWAY SCREENING WALL, PROJECT NO. 21800 Rebcon, Inc.North Texas Bridge TotalTotal ItemUnitUnit QtyUnitAmountAmount Description No.AmountAmount P. 2350SY8"-5"-8" Reinforced Concrete Alley Class $60.00$3,000.00$72.00$3,600.00 "C", 6 Sack, 3600 PSI@28 Days P. 2426SY6"ReinforcedConcreteAlleyApproach$60.00$1,560.00$72.00$1,872.00 Class "C", 6 Sack, 3600 PSI@28 Days P. 25245LFGrassPaverReinforcedConcreteEdging$23.00$5,635.00$48.00$11,760.00 (12"x18") P. 26330SYFirelineGrassPavers(Includes$75.00$24,750.00$96.00$31,680.00 Excavation,10"CrushedRock, Compaction,1"SandCushion,andFilter Fabric, and Grass Sodding) P. 27300LFInstallReflectiveThermoplasticStriping4"$2.00$600.00$2.40$720.00 (White) P. 28100LFInstallReflectiveThermoplasticStriping4"$2.00$200.00$2.40$240.00 (Yellow) P. 29180LFInstallReflectiveThermoplasticStriping$3.00$540.00$7.20$1,296.00 8" (White) P. 3030LFInstallReflectiveThermoplasticStriping$7.00$210.00$12.00$360.00 24" (White) P. 3115EA.4" Traffic Buttons (Yellow)$4.00$60.00$9.60$144.00 P. 32120LF1-2"PVCConduitsw/PullstringsSCH-40$7.00$840.00$6.00$720.00 PCV (Gray-Electrical) P. 33120LF2-3"PVCConduitsinOneTrench$11.00$1,320.00$18.00$2,160.00 w/PullstringsSCH-40 PCV (Gray-Electrical) P. 346017SYReplacePlantMaterial(Bermuda,St.$3.25$19,555.25$4.80$28,881.60 Augustine,AsianJasmine,OrOther) (ContractorMustReplaceWithSame Plant Material) P. 351LSProvide,installandMaintainErosion$8,000.00$8,000.00$20,000.00$20,000.00 ControlItems(SWP3)perErosionControl PlaninDrawings(includessubmittalof NOI, NOT, as required by TCEQ) $866,780.25$1,583,868.92 SECTION 2 - PAVING City of University Park Bid Tabs-4 of 5 3/28/2007 NORTHWEST PARKWAY SCREENING WALL, PROJECT NO. 21800 Rebcon, Inc.North Texas Bridge TotalTotal ItemUnitUnit QtyUnitAmountAmount Description No.AmountAmount SECTION 3 - UTILITIY LOCATES LocatingExistingUtilitiesUsing U.180EA$250.00$20,000.00$220.00$17,600.00 Air/VacuumExcavation,6'depthorless per location LocatingExistingUtilitiesUsingOpenCut, U.215EA$450.00$6,750.00$660.00$9,900.00 6' depth or less per location LocatingExistingUtilitiesUsing U.340EA$260.00$10,400.00$440.00$17,600.00 Air/VacuumExcavation,greaterthan6' depth per location LocatingExistingUtilitiesUsingOpenCut, U.48EA$500.00$4,000.00$1,650.00$13,200.00 greater than 6' depth per location $41,150.00$58,300.00 SECTION 3 - UTILITIY LOCATES TOTAL BASE BID SECTION 4 - SCREENING WALLS S.W.11700VF18" Diameter Reinforced Concrete Piers$55.00$93,500.00$150.00$255,000.00 S.W.2120LFInstall4"IrrigationSleevesSch40PVC$8.00$960.00$7.00$840.00 (White) 8' Length (15 Locations) S.W.2900VFCasing for 18" Diameter Concrete Piers$8.00$7,200.00$30.00$27,000.00 S.W.31602LFCast-in-PlaceScreeningWalls(includes$640.00$1,025,280.00$350.00$560,700.00 reinfconc.-seeSpecialProvisionsfor breakdown)(measuredat12"walland concrete base or at grade beam) S.W.41747LFCast Stone Cap Top of Wall (In Place)$90.00$157,230.00$150.00$262,050.00 SECTION 4 - SCREENING WALLS $1,284,170.00$1,105,590.00 TOTAL BASE BID $$ Total for Bid$2,437,173.25$3,279,782.92 City of University Park Bid Tabs-5 of 5 March 28, 2007 NORTHWEST PARKWAY SCREENING WALL, PROJECT NO. 21800 Bids will be taken in the Conference Room at 4420 Worcola, Dallas, Texas 75206 no later than 10:30 A.M., March 28, 2007. Any bid submitted after 10:30 A.M. will not be accepted. BiddersAmount Rebcon, Inc. $ 2,437,173.25 North Texas Bridge $ 3,279,782.92 AGENDA MEMO (4/03/07 AGENDA) DATE: March 30, 2007 TO: Honorable Mayor and Council FROM: Robbie Corder, Assistant to the Director of Public Works SUBJECT: Ordinance Revising University Park Code of Ordinances Sec 11.312: Waste of Water Unlawful; Implementation of Water Conservation Requirements ITEM: In August 2006, the City Council approved an ordinance prohibiting the use of automatic st irrigation systems between the hours of 10:00AM and 6:00 beginning June 1 and PM th ending September 30 of each year. The irrigation restrictions are water conservation measures intended to prevent the waste of water through evaporation during the heat of the day. After reviewing similar restrictions in other cities, staff requests Council to modify the beginning and ending dates to match those of Dallas and Highland Park. Both entities stst begin the irrigation restriction on April 1 and end the restrictions on October 31 of each year. The attached ordinance reflects the proposed changes. RECOMMENDATION: Staff recommends approval of the revisions ATTACHMENTS: Ordinance ORDINANCE NO. _________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 11.312 TO ADD SUBSECTION (e) TO PROHIBIT THE IRRIGATION OF LAWNS AND LANDSCAPE MATERIALS FROM APRIL 1 THROUGH OCTOBER 31 OF EACH YEAR DURING CERTAIN HOURS; 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; AND PROVIDING AN EFFECTIVE DATE. WHEREAS it is contrary to the objective of water conservation to use water for the NOW, irrigation of lawns and landscape materials during the hotter months of the year; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Code of Ordinances, City of University Park, Texas, is hereby amended by amending Section 11.312 to add subsection (e) to read as follows: “(e) A person commits an offense if, during the period from April 1 through October 31 of any year and between the hours of 10:00 o’clock a.m. and 6:00 o’clock p.m. on any day, he irrigates, waters, or causes or permits the irrigation or watering of any lawn or landscape material located on premises owned, leased, or managed by him or under his control. Hand held watering with a hose, can, or soaker hoses is permitted between these hours.” SECTION 2. That all provisions of the Code of Ordinances of the City of University Park, Texas, in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. 15379 SECTION 4. That any person, firm or corporation violating any of the provisions of this ordinance or the Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 5. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of April 2007. APPROVED: ________________________________ JAMES H. HOLMES III, MAYOR APPROVED AS TO FORM: ATTEST: _________________________ _________________________________ CITY ATTORNEY NINA WILSON, CITY SECRETARY (RLD/032807) (15379) 15379 ORDINANCE NO. _________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 11.312 TO ADD SUBSECTION (e) TO PROHIBIT THE IRRIGATION OF LAWNS AND LANDSCAPE MATERIALS FROM APRIL 1 THROUGH OCTOBER 31 OF EACH YEAR DURING CERTAIN HOURS; 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; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of April 2007. APPROVED: ________________________________ JAMES H. HOLMES III, MAYOR ATTEST: _________________________________ NINA WILSON, CITY SECRETARY 15379 AGENDA MEMO (04/03/2007 AGENDA) DATE: April 3, 2007 TO: Honorable Mayor and City Council FROM: Harry Persaud, MRTPI, AICP, Community Development Manager SUBJECT: Consideration of an Ordinance providing for the ‘staging’ of dumpsters on private property. Background/Analysis: When changing out dumpsters from construction sites, it is customary practice to remove the filled container and place it on the public street and then replace an empty container on the site. The size and weight of the filled containers result in damage to the curb and street pavement. After receiving reports from some residents, the attached ordinance was prepared by the City Attorney. The ordinance requires dumpsters to be removed and replaced (staged) on and using private property. However, the Director of Public Works may, upon written application by the builder, grant an exception for a period not to exceed thirty (30) minutes where the size, topography, or existing trees, of a lot prevent staging thereon, and provided the builder agrees in writing to be responsible for any damage caused to public property during such staging. Recommendation Staff recommends approval. Attachments: Ordinance. 14822 ORDINANCE NO. _________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 3.105 TO PROHIBIT PLACEMENT OF PRIVATE TRASH DUMPSTERS IN PUBLIC RIGHT-OF-WAY; PROVIDING FOR THE GRANTING OF EXCEPTIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF 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 the Code of Ordinances, City of University Park, Texas, is hereby amended by amending Section 3.105, in part, to add a sentence to subsection R115.4 to read as follows: “Sec. 3.105 Amendments to the One and Two Family Dwelling Code … SECTION R115 BUILDING SITE REQUIREMENTS … R115.4 Construction debris. … The dumpster or container may not be placed on public right-of-way at any time, including “staging” to replace a full container with an empty one, which staging shall be performed on private property, provided however, the Director of Public Works may, upon written application by the builder, grant an exception for a period not to exceed thirty (30) minutes where the size, topography, or existing trees, of a lot prevent staging thereon, and provided the builder agrees in writing to be responsible for any damage caused to public property during such staging.” SECTION 2. That all provisions of the Code of Ordinances of the City of University Park, Texas, in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the 14822 remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 4. That any person, firm or corporation violating any of the provisions of this ordinance or the Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be 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 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 rd 3 day of April 2007. APPROVED: ______________________________ JAMES H. HOLMES III, MAYOR PPROVED AS TO FORM: ATTEST: ______________________________ ______________________________ CITY ATTORNEY NINA WILSON, CITY SECRETARY (RLD/3-8-07/14822) 14822 ORDINANCE NO. _________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 3.105 TO PROHIBIT PLACEMENT OF PRIVATE TRASH DUMPSTERS IN PUBLIC RIGHT-OF-WAY; PROVIDING FOR THE GRANTING OF EXCEPTIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of University Park, Texas, on rd the 3 day of April 2007. APPROVED: ______________________________ JAMES H. HOLMES III, MAYOR ATTEST: ______________________________ NINA WILSON, CITY SECRETARY 14822 AGENDA MEMO (04/03/2007 AGENDA) DATE: April 3, 2007 TO: Honorable Mayor and City Council FROM: Harry Persaud, MRTPI, AICP, Community Development Manager SUBJECT: Consideration of an ordinance adopting with amendments, the 2006 Edition of the International Building Code, the International Residential Code for one and two family dwellings, the International Energy Conservation Code, the International Mechanical Code, the International Plumbing Code, the International Fuel Gas Code, the International Fire Code, and the 2005 National Electric Code. Background/Analysis: In October 2001, City Council adopted with amendments, the 2000 Edition of the International Building Code, the International Residential Code, the International Energy conservation Code, the International Mechanical Code, the International Plumbing Code and the International Fire Code. The 1999 National Electric Code was adopted with amendments in September, 2001. Since that time the 2003 International Codes were published and widely adopted by many Cities. As of January 1, 2006, the State adopted the 2003 International Building Codes which applies to all commercial buildings including alteration, remodel, addition and repair. In general all of the codes are designed and developed to enhance and ensure maximum building safety nationwide. However, building and construction practices at the regional and local levels may vary. At the regional level, the North Central Texas Council of Governments (NCTCOG) convenes a Building Codes Committee of practicing professionals to review the codes and make recommendations for amendments. The City of University Park has over the years adopted various ordinances which cover specific areas of land development, building and construction. The final list of amendments included in the attached ordinance, is a result of extensive reviews conducted by staff in the Building and Fire Departments and includes recommendations from the NCTCOG. Recommendation Staff recommends approval. Attachments: 1. Draft Ordinance 2. Summary listing examples of changes in the 2006 International Codes and the 2005 National Electric Codes. 1 ORDINANCE NO. __________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING CHAPTER 3, ARTICLE 3.100 TO ADOPT THE INTERNATIONAL BUILDING CODE, 2006 EDITION, THE INTERNATIONAL RESIDENTIAL CODE FOR ONE AND TWO FAMILY DWELLINGS, 2006 EDITION, AND THE INTERNATIONAL ENERGY CONSERVATION CODE, 2006 EDITION; AMENDING CHAPTER 3, ARTICLE 3.1000 , TO ADOPT THE NATIONAL ELECTRIC CODE, 2005; AMENDING CHAPTER 3, ARTICLE 3.1100, TO ADOPT THE INTERNATIONAL MECHANICAL CODE, 2006 EDITION; AMENDING CHAPTER 3, ARTICLE 3.1200, TO ADOPT THE INTERNATIONAL PLUMBING CODE, 2006 EDITION; ADDING ARTICLE 3.1250 ADOPTING THE INTERNATIONAL FUEL GAS CODE, 2006 EDITION; AMENDING CHAPTER 5, ARTICLE 5.100, TO ADOPT THE INTERNATIONAL FIRE CODE, 2006 EDITION, WITH AMENDMENTS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Article 3.100 “International Building Code Adopted” of the Code of Ordinances of the City of University Park, Texas, is hereby amended to read as follows: “ARTICLE 3.100 INTERNATIONAL CODES ADOPTED Sec. 3.101 International Building Code Adopted The International Building Code, 2006 Edition, and amendments, are herewith adopted by reference. A copy of this code, with approved amendments, shall be kept on file in the office of the Building Inspection Division for reference and inspection. Sec. 3.102 Interpretation of 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, shall be in accordance with the provisions of the International Building Code, International Residential Code for One- and Two-Family Dwellings, or any amendments, specifications or revisions thereto, and the meaning and intent of such provisions shall be interpreted and determined by the Community Development Manager, subject to the right of appeal contained in such codes, if any. Sec. 3.103 Amendments to the Building Code 2 The sections of the 2006 International Building Code that are changed, added, or deleted are as follows: (1)In Section 101.1, add reference to jurisdiction: “101.1 Title. These regulations shall be known as the Building Code of University Park, Texas, hereinafter referred to as "this Code." (2) Section 101.4 is changed to read as follows: “101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.7 and referenced elsewhere in this Code, when specifically adopted, shall be considered part of the requirements of this Code to the prescribed extent of each such reference. Whenever amendments have been adopted to the referenced codes and standards, each reference to said codes and standards shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the National Electrical Code as adopted.” (3)Section 105.2 is hereby deleted. (4)Section 105.3.2 is changed to read as follows: “105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 60 days after the date of filing, unless such application has been pursued in good faith…{remainder of section unchanged}.” (5)Section 105.5 is changed to read as follows: “105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 60 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 60 days after the time the work is commenced. The Community Development Manager…{bulk of section unchanged}…for periods not more than 60 days each. The extension shall be requested in writing and justifiable cause demonstrated. Construction of 10,000 square feet or less in area shall be completed within 18 months. Construction of a building 10,001 square feet or greater in area shall be completed within 24 months after the date of issuance of the permit.” (6)Section 105.8 is changed to read as follows: “105.8 New permits required . A new permit must be obtained for any construction which is not completed in the allowable time period or extended as provided above. A new fee shall be required in connection with issuance of a new permit. The new fee shall be one-half the amount required for the original permit for such work, provided no changes have been made or will be made in the 3 original plans and specifications for such work. A new permit must be obtained for any construction which has been suspended or abandoned for a period of more than sixty (60) days. The permittee shall make a new application, resubmit plans for review, and pay a new full permit fee to resume work.” (7) Section 108.2 is changed to read as follows: 108.2 Schedule of permit fees “: Fees charged shall be in accordance with the approved master fee schedule of the City of University Park.” (8) Section 108.3 is amended to read as follows: 108.3 Building permit valuations “. Building permit valuation shall include total market value of the proposed building or improvement, including electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the Community Development Manager, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the Community Development Manager. After a permit has been issued, the Community Development Manager may require a certified valuation for the building or improvement to be submitted prior to issuance of a Certificate of Occupancy.” (9) Section 109.3.5 is hereby deleted. (10)Add Section 112.1 to read as follows: Section 112.1.1. “The Board of Adjustment of the City of University Park shall serve as the Board of Appeals required by this Code.” (11)Section 112.3 is amended to read as follows: 112.3 Qualifications “: The Board of Adjustment may consult with and obtain testimony and opinions from qualified and experienced professionals in making a determination on matters relating to appeals concerning building construction.” (12) Add a new definition to section 202 to read as follows: HIGH-RISE BUILDING “ is a building having floors used for human occupancy located more than 55 feet (16,764 mm) above the lowest level of fire department vehicle access.” (13) Section 403.1 is changed to read as follows: 403.1 Applicability “. The provisions of this section shall apply to buildings having occupied floors located more than 55 feet (16,764 mm) above the lowest level of fire department vehicle access.” 4 (14)Section 403.1, Exception 3, is hereby changed to read as follows: “Open air portions of Buildings with an occupancy in Group A-5 in accordance with Section 303.1.” (15) Section 403.2, Exception 2, is hereby deleted (16) Section 404.1.1 is amended to change the definition of “Atrium” as follows: ATRIUM “. An opening connecting three or more stories . . . {Balance remains unchanged}” (17) In Section 406.6.1, add a second paragraph to read as follows: “This occupancy shall include garages involved in servicing of motor vehicles for items such as lube changes, inspections, windshield repair or replacement, shocks, minor part replacement and other such non-major repair. When the repair garage is only involved in such minor repair, it need not comply with Section 406.6.2.” (18) Section 508.2.1 is hereby changed to read as follows: “Spaces which are incidental to the main occupancy shall be separated or protected, or both, in accordance with Table 508.2. Areas that are incidental to the main occupancy shall be classified in accordance with the main occupancy of the portion of the building in which the incidental use area is located. Exception: Incidental use areas within and serving a dwelling unit are not required to comply with this section.” (19) In Section 705.11, change the exception to read as follows: “Exception: For other than hazardous exhaust ducts, penetrations by ducts and air transfer openings of . . . {remainder of exception unchanged}.” (20) In Section 716.5.2, add exception 4 to read as follows: “4. In the duct penetration of the separation between the private garage and its residence when constructed in accordance with Section 406.1.4, exception 2.” (21) 901.6.2 is changed to add the following. “Where a required fire protection system is out of service or in the event of an excessive number of activations, the fire department and the Community Development Manager shall be notified immediately and, where required by the Community Development Manager, the building shall either be evacuated or an 5 approved fire watch shall be provided for all occupants left unprotected by the shut down until the fire protection system has been returned to service. Where utilized, standby personnel shall be provided with at least one approved means for notification of the fire department and their only duty shall be to perform constant patrols of the protected premises and keep watch for fires.” (22) Amend Section 903.1.2 to read as follows: 903.1.2 Residential Sprinkler Systems. “Unless specifically allowed by this code or the International Building Code, residential sprinkler systems installed in accordance with NFPA 13D or 13R shall not be recognized for the purposes of exceptions or reductions, commonly referred to as “trade-offs”, permitted by other requirements of this code. In addition, all residential sprinkler systems installed in accordance with NFPA 13D or 13R must include attic sprinkler protection to be recognized for the purposes of such trade-offs permitted by other requirements of this code.” (23) In Section 903.2, delete the exception. (24) Amend Section 903.2.1.1 to read as follows: “903.2.1.1 Group A-1 . An automatic sprinkler system shall be provided throughout a fire area containing a Group A-1 occupancy Occupancies where one of the following conditions exists: 1. The fire area exceeds 6,000 square feet; 2. The fire area has an occupant load of 300 or more; 3. The fire area is located on a floor other than the level of exit discharge; or 4. The fire area contains a multi theater complex.” (25) Section 903.2.1.3 is amended to read as follows: “903.2.1.3 Group A-3. An automatic sprinkler system shall be provided throughout a fire area containing a Group A-3 occupancy Occupancies where one of the following conditions exists: 1. The fire area exceeds 6,000 square feet; 2. The fire area has an occupant load of 300 or more; or 3. The fire area is located on a floor other than the level of exit discharge.” (26) Add Section 903.2.1.4 to read as follows: 6 903.2.1.4 Group A-4. “ An automatic sprinkler system shall be provided throughout a fire area containing a Group A-4 occupancy Occupancies where one of the following conditions exists: 1. The fire area exceeds 6,000 square feet; 2. The fire area has an occupant load of 300 or more; or 3. The fire area is located on a floor other than the level of exit discharge.” (27) Section 903.2.3 is amended to read as follows: “903.2.3 Group F-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists: 1.Where a Group F-1 Fire Area exceed 6,000 square feet (557 sq. meters); 2.Where a Group F-1 fire area is located more than three stories above grade plane; or 3.Where the combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 6,000 square feet.” (28) Section 903.2.6 is amended to read as follows: “903.2.6 Group M . An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one of the following conditions exists: 1. Where a Group M fire area exceeds 6,000 square feet (557sq. meters); 2. Where a Group M fire area is located more than three stories above grade plane; or 3 Where the combined area of all Group M fire areas on all floors, including any mezzanines, exceeds 6,000 square feet (557 sq. meters).” (29) In Section 903.2.7, add a second paragraph to read as follows: “All existing Group R occupancies housing Fraternities and Sororities within the city limits of University Park shall have an automatic fire sprinkler system installed throughout within 5 years after passing of this ordinance. The sprinkler systems shall be installed in accordance with the fire code that has been adopted at the time of permitting for the system. The fire suppression systems shall be installed and in service no later than January 1, 2013.” (30) Section 903.2.8 is amended to read as follows: 7 “903.2.8 Group S-1 . An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists: 1. A Group S-1 fire area exceeds 6,000 square feet (557 sq. meters); 2. A Group S-1 fire area is located more than three stories above grade plane; or 3. The combined area of all Group S-1 fire areas on all floors, including mezzanines, exceeds 6,000 square feet (557 sq. meters).” (31) Section 903.2.8.1 is amended to read as follows: 903.2.8.1 Repair Garages “. An automatic sprinkler system shall be provided throughout all buildings used as repair garages in accordance with the International Building Code, as follows: 1. Buildings two or more stories in height, including basements, with a fire area containing a repair garage exceeding 6,000 square feet (sq. meters); 2. One-story buildings with a fire area containing a repair garage exceeding 6,000 square feet (557 sq. meters); or 3. Buildings with a repair garage servicing vehicles parked in the basement.” (32) Section 903.2.8.2 is amended to read as follows: “903.2.8.2 Bulk Storage of Tires. Buildings and structures where tires are stored shall be equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1.” : (33) Amend Section 903.2.10.3 to read as follows “903.2.10.3 Buildings over 35 feet in height . An automatic sprinkler system shall be installed throughout buildings with a floor level, other than penthouses in compliance with Section 1509 of the International Building Code, which is located 35 feet (10,668 mm) or more above the lowest level of fire department vehicle access. Exception: Open parking structures in compliance with Section 406.3 of the International Building Code.” (34) Section 903. 2.12.3 is added to read as follows: “903.2.12.3 Self-service storage facility . An automatic sprinkler system shall be installed throughout all self-service storage facilities. 8 Exception: One-story self-service storage facilities that have no interior corridors, with a one-hour fire barrier separation wall installed between every storage compartment.” (35) Add Section 903.2.12.4 to read as follows: 903.2.12.4 High-Piled Combustible Storage. “ For any building with a clear height exceeding 12 feet (4572 mm), see Chapter 23 to determine if those provisions apply.” (36) Add Section 903.2.12.5 to read as follows: “903.2.12.5 Spray Booths and Rooms. New and existing spray booths and spraying rooms shall be protected by an approved automatic fire-extinguishing system.” (37) Add Section 903.2.12.6 to read as follows: 903.2.12.6 Buildings over 6,000 sq. ft “. An automatic sprinkler system shall be installed throughout all buildings over 6,000 square feet. For the purpose of this provision, fire walls shall not define separate buildings.” (38) Add Section 903.2.12.7 to read as follows: “903.2.12.7 Existing Buildings . The owner of any building shall be required to install an automatic sprinkler system at such time as the owner(s) constructs an addition or enlargement to the building if the total square footage of such an addition, when combined with the total square footage of all previous additions and enlargements to the building exceed 6,000 square feet of total floor area and when the total square footage of all such additions exceeds by more than 30 percent of the original floor area regardless of fire area, area separation walls, or fire walls. Exceptions: Open parking garages in compliance with Section 406.3 of the International Building Code.” (39) Section 903.3.5; add a second paragraph to read as follows: “Water supply as required for such systems shall be provided in conformance with the supply requirements of the respective standards; however, every fire protection system shall be designed with a 10 psi safety factor.” (40) Section 903.3.5.1 is amended to read as follows: “903.3.5.1. Connections for Automatic Fire Sprinkler Systems . Automatic fire sprinkler systems in residential structures with more than two individual units and 9 all non-residential structures shall have a separate connection to the potable water supply. Installation plans for the underground supply main shall be submitted for review and approval. The underground supply main shall be installed in accordance with this code, National Fire Protection Association Standard 24, and State Fire Marshal’s Office guidelines. The size of the connection shall be reviewed and approved by the University Park Fire Department prior to installation. The water supply for two individual units and a single-family residence can be installed in accordance with Section 903.3.5.1.1 or this section. The potable water supply shall be protected against backflow in accordance with the requirements of this section and the International Plumbing Code. (41) Section 903.3.5.1.1 is deleted. (42) Section 903.3.5.1.2 is deleted. (43) In Section 903.4, add a second paragraph after the exceptions to read as follows: “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 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering.” (44) In Section 905.3.2, delete exceptions 1 and 2. (45) In Section 905.4, item 5 is changed to read as follows: “Where the roof has a slope of less than 4 units vertically to 12 units horizontally (33.3 percent slope), each standpipe shall be provided with a two-way hose connection located either on the roof or at the highest landing of a stairway with stair access to the roof. An additional hose connection shall be provided at the top of the most hydraulically remote standpipe for testing purposes.” (46) In Section 905.9, add a second paragraph after the exceptions to read as follows: “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 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering.” (47) Add Section 907.1.3 to read as follows: “907.1.3 Design Standards . All alarm systems new or replacement serving 20 or more alarm actuating devices shall be addressable fire detection systems. Alarm 10 systems serving more than 40 smoke detectors or more than 100 total alarm activating devices shall be analog intelligent addressable fire detection systems. Exception: Existing systems need not comply unless the total building remodel or expansion initiated after the effective date of this code, as adopted, exceeds 30% of the building. When cumulative building remodel or expansion exceeds 50% of the building, must comply within 18 months of permit application.” (48) Section 907.2.3 is changed to read as follows: “907.2.3 Group E . A manual fire alarm system shall be installed in Group E educational occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be connected to the building fire alarm system. An approved smoke detection system shall be installed in Group E day care occupancies. Unless separated by a minimum of 100 feet of open space, all buildings, whether portable buildings or the main building, will be considered one building for alarm occupant load consideration and interconnection of alarm systems.” (49) Section 907.2.3 exception 1 is changed to read as follows: “1. Group E educational and day care occupancies with an occupant load of less than 50 when provided with an approved automatic sprinkler system. 1.1. Residential In-Home day care with not more than 12 children may use interconnected single station detectors in all habitable rooms. (For care of more than five children 2 1/2 or less years of age, see Section 907.2.6.)” 907.2.12 High-rise buildings (50) “. Buildings having floors used for human occupancy located more than 55 feet (16,764 mm) above the lowest level of fire department vehicle access shall be provided with an automatic fire alarm system and an emergency voice/alarm communications system in accordance with Section 907.2.12.2.” (51) Section 907.2.12, exception 3 is changed to read as follows: “3. Buildings with an occupancy in Group A-5 in accordance with section 303.1 of the International Building Code, when used for open air seating; however, this exception does not apply to accessory uses including but not limited to sky boxes, restaurants and similarly enclosed areas.” (52) Section 907.2.12.2 is changed by changing the beginning paragraph to read as follows: 907.2.12.2. Emergency voice/alarm communication system “. The operation of any automatic fire detector, sprinkler, water-flow device or manual fire alarm box 11 shall automatically sound an alert tone followed by voice instructions giving approved information and directions on a general or selective basis to the following terminal areas on a minimum of the alarming floor, the floor above, and the floor below in accordance with the building's fire safety and evacuation plans required by Section 404.” (53) In Section 907.4, add a second paragraph to read as follows: “Manual alarm actuating devices shall be an approved double action type.” (54) Add Section 907.6.1 to read as follows: “907.6.1 Installation . All fire alarm systems shall be installed in such a manner that the failure of any single alarm-actuating or alarm-indicating device will not interfere with the normal operation of any other such devices. All systems shall be Class "A" wired with a minimum of six feet separation between supply and return circuit conductors. IDC – Class “A” Style D; SLC - Class “A” Style 6; NAC - Class “B” Style Y. The IDC from an addressable device used to monitor the status of a suppression system may be wired Class B, Style B provided the distance from the addressable device is within 10-feet of the suppression system device.” (55) Section 907.8.2 is changed to read as follows: 907.8.2 High-rise buildings “. In buildings that have floors located more than 55 feet (16,764 mm) above the lowest level of fire department vehicle access, a separate zone by floor shall be provided for all of the following types of alarm- initiating devices where provided: 1. Smoke detectors 2. Sprinkler water-flow devices 3. Manual fire alarm boxes 4. Other approved types of automatic fire detection devices or suppression systems.” (56) In Section 913.1, add a paragraph to read as follows: “When located on the ground level, the fire pump room shall be provided with an exterior fire department access door that is not less than 3 ft. in width and 6 ft. – 8 in. in height, regardless of any interior doors that are provided. A key box shall be provided at this door, as required by Section 506.1.” (57) In Section 913.4, add a second paragraph to read as follows: 12 “The fire-pump system shall also be supervised for "loss of power," "phase reversal" and "pump running" conditions by supervisory signal on distinct circuits.” (58) Section 1008.1.3.4 is changed to add 7 as follows: “7. If a full building smoke detection system is not provided, approved smoke detectors shall be provided on both the access and egress sides of doors and in a location approved by the authority having jurisdiction of NFPA 72. Actuation of a smoke detector shall automatically unlock the door.” (59) Section 1020.1.7 is changed to read as follows: 1020.1.7 Smoke proof enclosures “. In buildings required to comply with Section 403 or 405 of the IBC, each of the exits of a building that serves stories where the any floor surface is located more than 55 feet (16 764 mm) above the lowest level of fire department vehicle access or more than 30 feet (9144 mm) below the level of exit discharge serving such floor levels shall be smoke proof enclosure or pressurized stairway in accordance with Section 909.20.” (60) In Section 1101.2, add an exception to read as follows: “Exception: Buildings regulated under State Law and built in accordance with State certified plans, including any variances or waivers granted by the State, shall be deemed to be in compliance with the requirements of this Chapter.” (61) In Section 1210.2, exception 2 is changed to read as follows: “2. Toilet rooms that are not accessible to the public and which have not more than one water closet; provided that walls around urinals comply with the minimum surrounding material specified by Section 419.3 of the International Plumbing Code. Section 1403.3 is changed to read as follows:” (62) Add Section 1403.7 to read as follows: 1403.7 Vapor retarder “. In all framed walls, floors and roof/ceilings comprising elements of the building thermal envelope, a vapor retarder, when installed, shall be installed in a manner so as to not trap moisture. Vapor retarders shall be tested in accordance with ASTM E 96.” (63) Add Section 1404.1.1 to read as follows: 1404.1.1 Masonry required “. All multi-family buildings shall have a minimum of eighty percent (80%) masonry material on the exterior surfaces. All non- residential buildings shall have a minimum of ninety percent (90%) masonry material on the exterior surfaces. Exterior surfaces shall exclude windows, doors, 13 and other appurtenances. Masonry must have a minimum thickness of three and one-half inches (3 1/2") in order to be included in the above percentages.” (64) In Table 1505.1, replace footnotes b and c with the following: “1. All individual replacement shingles or shakes shall be in compliance with the rating required by this table. 2. Non-classified roof coverings shall be permitted on buildings of U occupancies having not more than 120 square feet of projected roof area. When exceeding 120 sq.ft of projected roof area, buildings of U occupancies may use non-rated non- combustible roof coverings.” (65) Section 1505.7 is deleted (66) Add Section 1803.3.1 to read as follows: “1803.3.1 Drainage requirements . Any person, firm, or corporation who builds or causes to be built any residential dwelling or residential accessory structure shall be responsible for the execution of the following site grading requirements and drainage provisions: (a)The slope of the final grading of soils at the side yard of any residential dwelling or residential accessory structure shall not exceed a gradient of 5% when measured from grade at the side property line to a point of intersection with the elevation of grade at the foundation wall of the structure. (b)Diversion of surface water shall be contained within the limits of a residential lot and shall be conveyed by a free, positive, and uninterrupted means to a point of discharge at the front property line and/or property line adjacent to an alley. Roof drainage shall be accomplished by use of a roof guttering system connected to a properly sized subsurface drainage conduit discharging through the curb at the street or at the property line adjacent to an alley. (c)If irregular site topography, use of landscaping, or architectural features such as raised planting beds, retaining walls, fences, or sidewalks prohibit compliance with provisions of this section, the designer shall provide alternate methods and means as may be approved by the Community Development Manager to assure that the requirements of this Code are met. The drainage plan must be submitted, reviewed, and approved prior to issuance of a building permit and the work must be approved prior to final inspection and occupancy of the structure. (d)A drainage system capable of removing excess surface water, subsurface water, and/or excess moisture shall be provided under all pier and beam foundations exceeding five hundred (500) square feet in area and all basements or below grade construction. The subsurface water drainage system shall be of a type and design as 14 provided by the City of University Park. The designer of the pier and beam foundation system shall include the subsurface drainage system design by reference in plan notes or details on the foundation plan. All subsurface water drainage systems shall be designed and installed on private property in such a manner as to prohibit back flow from surface water by means of grading, check valve, air gap, or other device as may be approved by the Community Development Manager. The drainage system design for a basement or below grade construction shall be such that surface water, subsurface water, and/or moisture is not diverted onto public property or adjacent properties, provided however, such water may be drained through enclosed pipe into the City's storm water drainage system. Exception: Pier and beam foundation systems and basement or below grade construction designed and sealed by a registered professional engineer with design expertise in structural foundation systems may incorporate a design for a foundation drainage system as deemed appropriate. (e)All site drainage requirements shall be installed and approved prior to final approval of the structure and occupancy thereof. The Community Development Manager shall inspect and approve all drainage plans, structures, and work required by this section.” (67) Add Section 1803.3.2 to read as follows: 1803.3.2 Maximum impermeable surface “. It shall be required as a condition for granting a permit to build, repair, remodel, enlarge or replace a structure or install additional features such as swimming pools, drives, patios, etc., which increase impermeable surface, that the following standards be met and complied with. Impermeable areas of all lots shall be limited to those specified for the following lot categories: Allowed Lot Category/S.F. of Lot Impermeable Surface Multi-family 63% Non-residential lots 90% Exception: The utilization of perforated paving stone or other permeable material may allow for a reduction in the total calculated impermeable surface area as determined by the Community Development Manager.” (68) Add Section 2308.2.3 to read as follows: “2308.2.3 Application to engineered design . When accepted by the Community Development Manager, any portion of this section is permitted to apply to buildings that are otherwise outside the limitations of this section provided that: 15 1.The resulting design will comply with the requirements specified in Chapter 16; 2.The load limitations of various elements of this section are not exceeded; and 3.The portions of this section which will apply are identified by an engineer in the construction documents.” (69) Section 2901.1 is changed to add a sentence to read as follows: “The provisions of this Chapter are meant to work in coordination with the provisions of Chapter 4 of the International Plumbing Code. Should any conflicts arise between the two chapters, the Community Development Manager shall determine which provision applies.” (70) Sections 2902.1 and 2902.2 are changed to add the following subsections. “2902.1 Minimum number of fixtures . Plumbing fixtures shall be provided for the type of occupancy and in the minimum number as follows: 1.Assembly Occupancies: At least one drinking fountain shall be provided at each floor level in an approved location. Exception: A drinking fountain need not be provided in a drinking or dining establishment. 2.Groups A, B, F, H, I, M and S Occupancies: Buildings or portions thereof where persons are employed shall be provided with at least one water closet for each sex except as provided for in Section 2902.2. 3.Group E Occupancies: Shall be provided with fixtures as shown in Table 2902.1. 4.Group R Occupancies: Shall be provided with fixtures as shown in Table 2902.1. Elevator car to accommodate ambulance stretcher. (71) Section 3002.4 three Where elevators are provided in buildings or more stories above grade three plane or or more stories below grade plane, at least one elevator shall be provided for fire department emergency access to all floors. The elevator car shall be of such a size and arrangement to accommodate a 24-inch by 84-inch (610 mm by 1930 mm) ambulance stretcher in the horizontal, open position and shall be identified by the international symbol for emergency medical services (star of life). The symbol shall not be less than 3 inches (76mm) high and shall be placed inside on both sides of the hoistway door frame. (72) Section 3107 is hereby deleted. 16 (73) Section 3109 is hereby deleted. (74) Add Section 3303.7 to read as follows: 3303.7 Dust and rodent control measures “. The work of demolishing any building shall not be commenced until the required pedestrian protection structures, dust control procedures, and rat elimination methods are in place. The Community Development Manager may require the permittee to submit plans and a complete schedule for demolition, rat elimination, pedestrian protection structures, and dust control measures. Where such plans and complete schedules are required, no work shall be done until they are approved by the Community Development Manager.” (75) Add Section 3303.7.1 to read as follows: “3303.7 Dust control. The work of demolishing any building shall not be commenced until the required dust control procedures are in place. The Community Development Manager may require the applicant to submit plans and a complete schedule for demolition and dust control measures. Where such measures are required, no work shall be done until such plans or schedule, or both, are approved by the Community Development Manager. All reasonable precautions shall be taken to prevent dust from becoming airborne at and near the demolition site. The applicant shall provide for the use of water for dust suppression on the demolition site so as to prevent a public nuisance, health hazard or safety hazard.” (76) Add Section 3303.7.2 to read as follows: 3303.7.2 Rodent control “. For the purpose of eliminating or controlling rats in a building scheduled for demolition, the owner or demolition contractor shall be required to submit a plan to exterminate, bait, trap, poison or fumigate for rats prior to demolition. Such methods may include "rodent stations" around the property. If traps are used, they shall be kept set and freshly baited at frequent intervals and maintained in good working order and shall be inspected daily for seven (7) days prior to the beginning of demolition. If the plan includes poisoning or fumigating, it must be conducted in a manner approved by the health officer or any other authorized agency of the City, State, or United States. To the extent required by state law, all such methods shall be carried out by licensed pest control operators.” (77) Add Section 3304.2 to read as follows: “3304.2 Site grading . During construction, sites shall be graded such that surface water shall be contained within the limits of the lot in which the construction is taking place, and shall be conveyed by a free, uninterrupted means to point of discharge at the front property line and/or property line adjacent to an 17 alley. In order to prevent the run off of water, mud, or soil onto an adjacent property, public street, alley, or sidewalk, the Community Development Manager may require various methods such as silt fencing, regrading, or other erosion protection procedures to be implemented to prevent such run off.” (78) Add Section 3304.2 to read as follows: 3304.2 Removal of structures “. 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. Any exception to this requirement shall be determined by the Community Development Manager.” (79) In Section 3305.1, add a sentence to read as follows: “Sanitary facilities shall not be located in any required front or side yard set back area.” Sec. 3.104 International Residential Code Adopted The International Residential Code for One- and Two-Family Dwellings, 2006 Edition, and amendments (“Code”) are herewith adopted by reference. A copy of this Code, with approved amendments, shall be kept on file in the office of the Building Inspection Division for reference and inspection. Sec. 3.105 Amendments to the One- and Two-Family Dwelling Code The sections of the Code that are changed, added, or deleted are as follows: (1)In Section R101.1, add reference to jurisdiction: “R101.1 Title. These provisions shall be known as the Residential Code for One- and Two-Family Dwellings of University Park, Texas, and shall be cited as such and will be referred to herein as "this Code." (2)Section R102.4 is changed to read as follows: “R102.4 Referenced codes and standards. The codes, when specifically adopted, and standards referenced in this Code shall be considered part of the requirements of this Code to the prescribed extent of each such reference. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference made to NFPA 70 or the National Electrical Code shall mean the Electrical Code as adopted. 18 Where differences occur between provisions of this Code and referenced codes and standards, the provisions of this Code shall apply. Exception:Where enforcement . . .{remainder of exception unchanged.}. . . .” (3)In Section R105.1, add a sentence to read as follows: “It shall be the responsibility of those performing such work to obtain the proper permits prior to commencement of any work.” (4)Section R105.2 is hereby deleted. (5)Section R105.5 is changed to read as follows: “R105.5 Expiration . Every permit issued shall become invalid unless the work authorized by such permit is commenced within 60 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 60 days after the time the work is commenced. For one- and two-family construction, all work commenced under a building permit shall be completed within eighteen (18) months. The Community Development Manager...{remainder of section unchanged}. No permit shall be extended more than once.” (6)Add Section R105.5.1 to read as follows: “R105.5.1 Newpermits required. A new permit must be obtained for any construction which is not completed in the allowable time period or extended as provided above. A new fee shall be required in connection with issuance of a new permit. The new fee shall be one-half the amount required for the original permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work. A new permit must be obtained for any construction which has been suspended or abandoned for a period of more than sixty (60) days. The permittee shall make a new application, resubmit plans for review, and pay a new full permit fee to resume work.” (7) Section 108.2 is changed to read as follows: 108.2 Schedule of permit fees “: Fees charged shall be in accordance with the approved master fee schedule of the City of University Park.” (8) Add Section R108.2.1 to read as follows: “R108.2.1 Building area. 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: 19 (1)Total area under the roof and enclosed by walls, excluding garages, carports, porches, patios, and other roofed, open areas; and (2)One-half (1/2) of the area of the garage, carport, porch, patio, and other roofed, open areas. The sum of the above areas constitutes the building area for permit evaluation and must be stated on the permit application.” (9) Section R108.3 is changed to read as follows: “R108.3 Building permits valuations. Building permit valuation shall include total market value of the proposed building or improvement, including electrical, gas,…{remainder of section unchanged}.” (10) Section R109.1.3 is changed to read as follows: “R109.1.3 Floodplain inspections . For construction permitted in areas prone to flooding as established by Table R301.2(1), upon…{bulk of section unchanged}…construction, the Community Development Manager may require submission…{remainder of section unchanged}.” (11) Section R110 is hereby deleted. (12)Add Section 112.1 to read as follows: Section 112.1.1 “ The Board of Adjustment of the City of University Park shall serve as the Board of Appeals required by this Code.” (13)Section 112.3 is added to read as follows: Section 112.3 Qualifications “: The Board of Adjustment may consult with and obtain opinions and testimony from qualified and experienced professionals in making a determination on appealed matters relating to building construction.” (14) Section 112.2.1 is deleted. (15) Add Section R115 to read as follows: “SECTION R115 BUILDING SITE REQUIREMENTS R115.1 General. All building sites shall be maintained in such a manner as to be kept free of construction debris, garbage, trash, or any unsanitary condition. R115.2 Toilet facilities. During construction, all projects covered by a building permit shall have sanitation facilities located either in a building or in the rear 20 yard. Portable toilets shall not be located in any required front or side yard set back area. R115.3 Sanitation. All garbage and trash, as those terms are defined in Section 11.101 of the Code of Ordinances, shall be deposited in an approved container or containers on each residential construction site on a daily basis. Such containers shall meet the requirements of Section 11.101 of the Code of Ordinances and shall be placed for collection on the construction site adjacent to the alley which serves the site. The City Council will establish fees for such service by appropriate amendment to the City’s Master Fee Resolution. R115.4 Construction debris. During new residential construction or major residential remodeling, the Community Development Manager may require that a commercial dumpster or trash container be provided for construction debris, due to the size of the job or area of the lot. Such dumpster or container shall not be used to discard garbage or trash as defined in Section 11.101 of the Code of Ordinances, but only debris generated as a result of the construction materials used for the project. The dumpster or container must be emptied regularly. The dumpster or container may not be placed on public right-of-way at any time, including “staging” to replace a full container with an empty one, which staging shall be performed on private property, provided however, the Director of Public Works may, upon written application by the builder, grant an exception for a period not to exceed thirty (30) minutes where the size, topography, or existing trees, of a lot prevent staging thereon, and provided the builder agrees in writing to be responsible for any damage caused to public property during such staging. R115.5 Construction fence. A fence is required around all-residential new construction sites and major residential remodeling or alteration projects. If, in the opinion of the Community Development Manager, the proposed remodeling or alteration would not adversely impact adjoining properties due to construction debris, traffic, or other associated conditions, the Community Development Manager may waive the requirement of the construction fence or any portion thereof. The minimum height for a construction fence shall be six feet (6’) and openings therein shall not exceed six (6) square inches. Gates, when open, shall not obstruct public sidewalks or alleys and shall be locked when daily activities are shut down. On any construction site where, in the opinion of the Community Development Manager, a solid fence would insure the safety of the public, a solid fence shall be required. Where the complete demolition of a residence is taking place, the Community Development Manager may require a construction fence around the property in order to insure public safety. R115.6 Site grading. During construction, residential sites shall be graded such that surface water shall be contained within the limits of the lot in which the construction is taking place, and shall be conveyed by a free, uninterrupted means to a point of discharge at the front property line and/or property line adjacent to an alley. In order to prevent the runoff of water, mud, or soil onto an adjacent 21 property, public street, alley, or sidewalk, the Community Development Manager may require various methods, such as silt fencing, regrading, or other erosion protection procedures, to be implemented to prevent such runoff. R115.7 Demolition. The Community Development Manager may require the permittee to submit plans and a complete schedule for demolition, rat elimination, pedestrian protection structures, and dust control measures. Where such plans and schedules are required, no work shall be done until they are approved by the Community Development Manager and the following methods and procedures are in place: 1.For the purpose of eliminating or controlling rats in a building scheduled for demolition, the owner or demolition contractor shall be required to submit a plan to exterminate, bait, trap, poison or fumigate for rats prior to demolition. Such methods may include “rodent stations” around the property. If traps are used, they shall be kept set and freshly baited at frequent intervals and maintained in good working order and shall be inspected daily for seven (7) days prior to the beginning of demolition. If the plan includes poisoning or fumigating, it must be conducted in a manner approved by the health officer or any other authorized agency of the City, State, or United States. To the extent required by state law, all such methods shall be carried out by licensed pest control operators. 2.The work of demolishing any building shall not be commenced until the required dust control procedures are in place. The Community Development Manager may require the applicant to submit plans and a complete schedule for demolition and dust control measures. Where such measures are required, no work shall be done until such plans or schedule, or both, are approved by the Community Development Manager. All reasonable precautions shall be taken to prevent dust from becoming airborne at and near the demolition site. The applicant shall provide for the use of water for dust suppression on the demolition site so as to prevent a public nuisance, health hazard or safety hazard. 3.On any demolition site where, in the opinion of the Community Development Manager, a construction fence would insure the safety of the public, a construction fence shall be required. In the case where the demolition site will be left open longer than 48 hours after commencement of the demolition or removal of building materials, the Community Development Manager may require a construction fence around the property. R115.8 Inspection, Work Stoppage, Reinspection and Fees 1. The building site requirements of this Section R115 are mandatory and shall be strictly adhered to at all times by all persons, including owners, 22 contractors, subcontractors, and persons working on or supplying materials to a building site in a residential district, during construction of any improvement thereon. 2. The City inspector assigned to the building site shall regularly inspect all building sites in the City during the period of construction. If the inspector shall observe any condition on a building site that is not in conformity with, or is in violation of, any building site requirement of this section R115 or any other applicable law, he shall have authority to order in writing all persons thereon to stop work immediately and to issue, post and deliver to the contractors a stop work order or “red tag” on the building describing the deficiency observed. After issuance and service on the contractor of the stop work order, no person shall perform any further work on the building or site except to the extent necessary to correct the deficiency described by the inspector in the stop work order. The stop work order shall remain in effect unless and until the deficiency is corrected to the satisfaction of the inspector. 3. When the deficiency on the building site has been corrected, the contractor shall request in person at the building department a reinspection of the building site by the inspector. The request for reinspection shall be made in writing and accompanied by a reinspection fee, the amount of which shall be set from time to time by appropriate resolution of the City Council. If the inspector, upon reinspection, shall find that the deficiency described in the stop work order has been corrected and is in compliance with this section R115 and all other applicable law, the inspector shall cancel and release the stop work order and work may then commence on the building and site.” R115.9 Removal of structures. 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. Any exception to this requirement shall be determined by the Community Development Manager.” (16) Delete exceptions to Section R302.1. (17) Section R317.1 is changed to read as follows: “R317.1 Two-family dwellings. Dwelling units in two-family dwellings shall be separated from each other by wall and/or floor assemblies of not less than two- hour fire-resistive rating when tested in accordance with…{remainder of section unchanged}. 23 Exception: A fire resistance rating of 1 hour shall be permitted in buildings equipped throughout with an automatic sprinkler system installed in accordance with NFPA 13.” (18) Section R317.2 is replaced to read as follows: “R317.2 Townhouses (Single-family Attached). All single-family attached structures shall be constructed to provide a two-hour, non-destructible fire resistant wall separating the occupancies. Such walls shall contain no openings of any nature, and shall be constructed entirely of brick, concrete, or masonry and shall contain no attachments nor be used as load bearing structures. Such walls shall extend at least thirty inches (30”) above the roof. The construction of such walls shall be designed by, and have appropriate details bearing the seal of, a Registered Texas Professional Engineer.” (19) Section R318.1 is changed to read as follows: “R318.1 Moisture controls. In all framed walls, floors and roof/ceilings comprising elements of the building thermal envelope, a vapor retarder, when installed, shall be installed in a manner so as to not trap moisture.” (20) Section R324.1 is changed to read as follows: “R324.1 General. All buildings and structures, when permitted to be erected in areas prone to flooding . . .{bulk of section unchanged} . . areas (including V- Zones), shall be constructed and elevated as required by the provisions contained in this section or by other local provisions as applicable.” (21) Section R401.2 is replaced to read as follows: “R401.2 Requirements. Foundations for one and two-family dwellings shall be designed to meet one of the following criteria: 1)Concrete pier and beam foundation, designed by a registered Texas engineer; or 2)Slab foundation supported by piers, designed in accordance with WRI/CRSI Design of Slab-on-Ground Foundations, and sealed by a registered Texas engineer; or 3)Post-tensioned foundation supported by piers, designed in accordance with PTI Design and Construction of Post-Tensioned Slab-on-Ground Foundations, and sealed by a registered Texas engineer; or Exception: Piers shall not be required for detached accessory structures unless existing soil conditions are determined to mandate such design.” 24 (22) Section R401.3 is replaced with the following: “R401.3 Drainage and Control of Runoff Water. It shall be unlawful and an offense for any person, firm or corporation to do work or cause work to be accomplished that diverts, impounds, or otherwise alters the natural flow of surface water drainage in such a manner that causes damage to property, creates an attractive nuisance, or causes an unreasonable risk to the public health, safety, or general welfare.” (23) Add Section R401.3.1 to read as follows: “R401.3.1 Drainage requirements . Any person, firm, or corporation who builds or causes to be built any residential dwelling or residential accessory structure shall be responsible for the execution of the following site grading requirements and drainage provisions: (a)The slope of the final grading of soils at the side yard of any residential dwelling or residential accessory structure shall not exceed a gradient of 5% when measured from grade at the side property line to a point of intersection with the elevation of grade at the foundation wall of the structure. (b)Diversion of surface water shall be contained within the limits of a residential lot and shall be conveyed by a free, positive, and uninterrupted means to a point of discharge at the front property line and/or property line adjacent to an alley. Roof drainage shall be accomplished by use of a roof guttering system connected to a properly sized subsurface drainage conduit discharging through the curb at the street or at the property line adjacent to an alley. (c)If irregular site topography, use of landscaping, or architectural features such as raised planting beds, retaining walls, fences, or sidewalks prohibit compliance with provisions of this section, the designer shall provide alternate methods and means as may be approved by the Community Development Manager to assure that the requirements of this Code are met. The drainage plan must be submitted, reviewed, and approved prior to issuance of a building permit and the work must be approved prior to final inspection and occupancy of the structure. (d)A drainage system capable of removing excess surface water, subsurface water, and/or excess moisture shall be provided under all pier and beam foundations exceeding five hundred (500) square feet in area and all basements or below grade construction. The subsurface water drainage system shall be of a type and design as provided by the City of University Park. The design of the pier and beam foundation system shall include the subsurface drainage system design by reference in plan notes or details on the foundation plan. All subsurface water drainage systems shall be designed and installed on private property in such a manner as to prohibit back flow from surface water by means of grading, check valve, air gap, or other device as may be approved by the Community Development Manager. The drainage 25 system design for a basement or below grade construction shall be such that surface water, subsurface water, and/or moisture is not diverted onto public property or adjacent properties, provided however, such water may be drained through enclosed pipe into the City's storm water drainage system. Exception: Pier and beam foundation systems and basement or below grade construction designed and sealed by a registered professional engineer with design expertise in structural foundation systems may incorporate a design for a foundation drainage system as deemed appropriate. (e)All site drainage requirements shall be installed and approved prior to final approval of the structure and occupancy thereof. The Community Development Manager shall inspect and approve all drainage plans, structures, and work required by this section.” (24) Add Section 401.3.2 to read as follows: “R401.3.2 Maximum impermeable surface. It shall be required as a condition for granting a permit to build, repair, remodel, enlarge or replace a structure or install additional features such as swimming pools, drives, patios, etc., which increase impermeable surface, that the following standards be met. Impermeable areas of all lots shall be limited to those specified for the following lot categories: Allowed Lot Category/S.F. of Lot Impermeable Surface Single Family 0 - 6000 sq. ft. 3,600 sq. ft. 6001 - 7500 sq. ft. 60% 7501 - 10,000 sq. ft. 52% or 4500 sq. ft. - whichever is greater 10,001 - 12,000 sq. ft. 48% or 5200 sq. ft. - whichever is greater 12,001 - 35,000 sq. ft. 40% or 5760 sq. ft. - whichever is greater 35,001 sq. ft. and greater 35% or 14,000 sq. ft. - whichever is greater Single Family Attached & Two Family 63% Exception: The utilization of perforated paving stone or other permeable material may allow for a reduction in the total calculated impermeable surface area as determined by the Community Development Manager.” (25) Section R401.4 is changed to read as follows: R401.4 Soil Tests “: A soil test is required for all new construction of one and two family dwellings. Tests shall be made by an approved agency using an approved method.” 26 (26) Sections R401.4.1 and R401.4.2 are hereby deleted. (27) Add Section R703.1.1 to read as follows: “R703.1.1 Masonry requirement. All two-family dwellings and townhouses shall have a minimum of eighty percent (80%) masonry material on the exterior wall surfaces, excluding windows, doors, and other appurtenances. Masonry material must be a minimum of three and one-half inches (3 ½”) in thickness. (28) Add Section R902.3 to read as follows: “R902.3 Minimum Roof Class. All roof coverings shall be a minimum Class C. All individual replacement shingles or shakes shall be a minimum Class C.” (29) Add a sentence to Section R907.1 to read as follows: “All individual replacement shingles or shakes shall comply with Section R902.3.” (30) Section M1305.1.3 is changed to read as follows: “M1305.1.3 Appliances in attics. Attics containing appliances requiring access shall be provided . . .{bulk of paragraph unchanged} . . . sides of the appliance where access is required. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), or larger where such dimensions are not large enough to allow removal of the largest appliance. As a minimum, access to the attic space shall be provided by one of the following: 1. A permanent stair. 2. A pull down stair. 3. An access door from an upper floor level. Exception:The passageway and level service space are not required where the appliance is capable of being serviced and removed through the required opening.” (31) Add Section M1305.1.5 to read as follows: “M1305.1.5 Water heaters above ground or floor. When the mezzanine or platform in which a water heater is installed is more than eight feet (2438 mm) above the ground or floor level, it shall be made accessible by a stairway or permanent ladder fastened to the building.” s: (32)Add Section M1305.1.5.1 to read as follow 27 “M1305.1.5.1 Whenever the mezzanine or platform is not adequately lighted or access to a receptacle outlet is not obtainable from the main level, lighting and a receptacle outlet shall be provided in accordance with Section M1305.1.3.1.” (33) Add Section M1307.5 to read as follows: “M1307.5 Gas appliances. No gas-fired appliances or equipment shall be installed under any stairway or stairway landing.” (34) Section M2005.2 is changed to read as follows: “M2005.2 Prohibited locations. Fuel-fired water heaters, shall not be installed in, or have access to, a room used as a storage closet, sleeping room, bathroom, a closet or enclosure opening directly into a sleeping room or bathroom, or under any stairway or stairway landing. (35) In Section G2406, delete exceptions 3 and 4 and add the following exception. :Exception: An unvented gas fired appliance such as a room heater, fire place or space heater shall not be installed in, or have access to, a room used as a storage closet, sleeping room, bathroom, a closet or enclosure opening directly into a sleeping room or bathroom.” (36)Section G2407.10 is changed to read as follows: “G2407.10 (304.10) Louvers and grilles. The required size of openings for combustion, ventilation and dilution air shall be based on the net free area of each opening. Where the free area through a design of louver, grille or screen is known, it shall be used in calculating the size opening required to provide the free area specified. Where the design and free area of louvers and grilles are not known, it shall be assumed that wood louvers will have 25-percent free area and metal louvers and grilles will have 50-percent free area. Screens shall have a mesh size not smaller than ¼ inch (6.4 mm). Nonmotorized louvers and grilles shall be fixed in the open position. Motorized louvers shall be interlocked with the appliance so that they are proven to be in the full open position prior to main burner ignition and during main burner operation. Means shall be provided to prevent the main burner from igniting if the louvers fail to open during burner start-up and to shut down the main burner if the louvers close during operation.” (37) Amend Section G2407.11 to read as follows: “G2407.11 Combustion air ducts . Combustion air ducts shall comply with all of the following: 1. Ducts shall be constructed of galvanized steel complying with Chapter 16 or of a material having equivalent corrosion resistance, strength and rigidity. 28 Exception: Within dwellings units, unobstructed stud and joist spaces shall not be prohibited from conveying combustion air, provided that not more than one required fireblock is removed. 2. Ducts shall terminate in an unobstructed space allowing free movement of combustion air to the appliances. 3. Ducts shall serve a single enclosure. 4. Ducts shall not serve both upper and lower combustion air openings where both such openings are used. The separation between ducts serving upper and lower combustion air openings shall be maintained to the source of combustion air. 5. Ducts shall not be screened where terminating in an attic space. 6. Horizontal upper combustion air ducts shall not slope downward toward the source of combustion air. 7. The remaining space surrounding a chimney liner, gas vent, special gas vent or plastic piping installed within a masonry, metal or factory-built chimney shall not be used to supply combustion air. Exception: Direct-vent gas-fired appliances designed for installation in a solid fuel-burning fireplace where installed in accordance with the manufacturer’s instructions. 8. Combustion air intake openings located on the exterior of a building shall have the lowest side of such openings located not less than 12 inches (305 mm) vertically from the adjoining grade level or the manufacturer’s recommendation, whichever is more stringent.” (38) Section G2408.3 is hereby deleted. (39) Section 2408.4 is hereby changed to read as follows: 2408.4 Clearances from grade. “Equipment and appliances installed at grade level shall be supported on a level concrete slab or other approved material extending a minimum of 3 inches (76 mm) above adjoining grade or shall be suspended a minimum of 6 inches (152 mm) above adjoining grade.” (40) Section G2412.5 is hereby changed to add a second paragraph to read as follows: “Both ends of each section of medium pressure gas piping shall identify its operating gas pressure with an approved tag. The tags are to be composed of aluminum or stainless steel and the following wording shall be stamped into the tag: "WARNING 1/2 to 5 psi gas pressure Do Not Remove" (41) Section G2413.3 is herby changed to add an exception to read as follows: 29 “Exception: Corrugated stainless steel tubing (CSST) shall be a minimum of 1/2" (18 EDH).” (42) Section G2415.9 is changed to read as follows: G2415.9 Minimum burial depth “. Underground piping systems shall be installed a minimum depth of 18 inches (458 mm) below grade.” (43) Section G2415.9.1 is deleted. (44)Change Section G2417.1 to read as follows: G2417.1 General “.Prior to acceptance and initial operation, all piping installations shall be inspected and pressure tested to determine that the materials, design, fabrication, and installation practices comply with the requirements of this code. The permit holder shall make the applicable tests prescribed in Sections 2417.1.1 through 2417.1.5 to determine compliance with the provisions of this code. The permit holder shall give reasonable advance notice to the Community Development Manager when the piping system is ready for testing. The equipment, material, power and labor necessary for the inspections and test shall be furnished by the permit holder and the permit holder shall be responsible for determining that the work will withstand the test pressure prescribed in the following tests.” (45) Section G2417.4.1 is changed to read as follows: G2417.4.1 Test pressure “. The test pressure to be used shall be not less than 3 psig (20 kPa gauge), or at the discretion of the Community Development Manager, the piping and valves may be tested at a pressure of at least six (6) inches (152 mm) of mercury, measured with a manometer or slope gauge. For tests requiring a pressure of 3 psig, shall utilize a dial with a minimum diaphragm diameter of three and one half inches (3 ½”), a set hand, 1/10 pound incrementation and pressure range not to exceed 6 psi for tests requiring a pressure of 3 psig. For tests requiring a pressure of 10 psig, diaphragm gauges shall utilize a dial with a minimum diameter of three and one-half inches (3 ½”), a set hand, a minimum of 2/10 pound incrementation and a pressure range not to exceed 20 psi. For welded piping, and for piping carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa) (1/2 psi) and less than 200 inches of water column pressure (52.2 kPa) (7.5 psi), the test pressure shall not be less than ten (10) pounds per square inch (69.6 kPa). For piping carrying gas at a pressure that exceeds 200 inches of water column (52.2 kPa) (7.5 psi), the test pressure shall be not less than one and one-half times the proposed maximum working pressure.” 30 (46) Section G2420.1.4 is added to read as follows: G2420.1.4 Valves in CSST installations “. Shutoff valves installed with corrugated stainless steel (CSST) piping systems shall be supported with an approved termination fitting, or equivalent support, suitable for the size of the valves, of adequate strength and quality, and located at intervals so as to prevent or damp out excessive vibration but in no case greater than 12-inches from the center of the valve. Supports shall be installed so as not to interfere with the free expansion and contraction of the system's piping, fittings, and valves between anchors. All valves and supports shall be designed and installed so they will not be disengaged by movement of the supporting piping.” (47) Section G2421.1 is changed to read as follows: “Access to regulators shall comply with the requirements for access to appliances as specified in Section M1305. Exception: A passageway or level service space is not required when the regulator is capable of being serviced and removed through the required attic opening.” (48) Section G2439.5 is changed to add the following: “The size of duct shall not be reduced along its developed length or at the point of termination.” (49)Section G2445.2 is changed to read as follows: G2445.2 (621.2) Prohibited use “. One or more unvented room heaters shall not be used as the sole source of comfort heating in a dwelling unit. Exception: Existing approved unvented heaters may continue to be used in dwelling units, in accordance with the code provisions in effect when installed, when approved by the Community Development Manager unless an unsafe condition is determined to exist as described in International Fuel Gas Code Section 108.7 of the Fuel Gas Code.” (50) Section G2448.1.1 is changed to read as follows: G2448.1.1 (624.1.1) Installation requirements. “ The requirements for water heaters relative to access, sizing, relief valves, drain pans and scald protection shall be in accordance with this Code.” (51) Add Section P2502.1.1 to read as follows: P2502.1.1 Demolished structures. “Sewer services which are a part of buildings or structures which are demolished or which are abandoned or the use thereof 31 discontinued, shall be capped off. All sewer lines for new construction and all relayed, replaced, or relocated sewer lines constituting or involving 50% or more of the total building sewer shall require a new sewer tap.” (52) Section P2709.1 is changed to add an exception to read as follows: “Exception: Showers designed to comply with ICC/ANSI A117.1.” (53) Section P2904 “Materials Joints and Connections” including all tables are changed to delete all references to Polybutylene pipes and fittings (54) Section 3001.4 is changed to read as follows: P3001.4 Protection of sanitary sewer system “. All roofs, paved areas, yards, courts, courtyards, subsurface drainage, sump pumps, or similar areas having rain water drainage shall discharge to the outside of the building, or directly to the storm sewer system where required.” (55) Section P3111 is deleted. (56) Section P3112.2 is deleted and replaced with the following: P3112.2 Installation “. Traps for island sinks and similar equipment shall be roughed in above the floor and may be vented by extending the vent as high as possible, but not less than the drainboard height and then returning it downward and connecting it to the horizontal sink drain immediately downstream from the vertical fixture drain. The return vent shall be connected to the horizontal drain through a wye-branch fitting and shall, in addition, be provided with a foot vent taken off the vertical fixture vent by means of a wye-branch immediately below the floor and extending to the nearest partition and then through the roof to the open air or may be connected to other vents at a point not less than six (6) inches (152 mm) above the flood level rim of the fixtures served. Drainage fittings shall be used on all parts of the vent below the floor level and a minimum slope of one-quarter (1/4) inch per foot (20.9 mm/m) back to the drain shall be maintained. The return bend used under the drainboard shall be a one (1) piece fitting or an assembly of a forty-five (45) degree (0.79 radius), a ninety (90) degree (1.6 radius) and a forty-five (45) degree (0.79 radius) elbow in the order named. Pipe sizing shall be as elsewhere required in this Code. The island sink drain, upstream of the return vent, shall serve no other fixtures. An accessible cleanout shall be installed in the vertical portion of the foot vent.” (57) Amend Section P3114.1 to read as follows: P3114.1 General. “ Vent systems utilizing air admittance valves shall not be permitted.” 32 (58) Add a sentence to Section E3301.1 to read as follows: “All references to NFPA 70 shall mean the Electrical Code as adopted.” Sec. 3.106 International Energy Conservation Code Adopted The International Energy Conservation Code, 2006 Edition, and amendments are herewith adopted by reference. A copy of this Code, with approved amendments, shall be kept on file in the office of the Building Inspection Division for reference and inspection. Sec. 3.107 Interpretation of the Energy Conservation 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 International Energy Conservation Code, or any amendments, specifications or revisions thereto, shall be interpreted and determined by the Community Development Manager, subject to the right of appeal contained in any of such codes, if any. Sec. 3.108 Amendments to the Energy Conservation Code The sections of the Code that are changed, added, or deleted are as follows: (1)In Section 101.1, add reference to jurisdiction: “101.1 Title. This Code shall be known as the International Energy Conservation Code of University Park, and shall be cited as such. It is referred to herein as "this Code." (2)Section 101.5 is changed to add the following section: “101.5.3. Alternative compliance. A building certified through a voluntary energy performance testing program approved as meeting or exceeding the provisions of this Code may be deemed to comply with the requirements of this Code.” SECTION 2. That the code of Ordinances, City of University Park, Texas, is hereby amended by amending Article 3.1000 “Electrical Code” to read as follows: ARTICLE 3.1000 ELECTRICAL CODE “ Sec. 3.1001 National Electrical Code Adopted The 2005 National Electrical Code is hereby adopted by reference and made part of this code as a general standard for electrical equipment and the installation thereof in the City of University Park, as set forth herein. A copy of the 2005 National Electrical Code referred to herein, is on file in the office of the Building Inspection Division for reference and inspection. References to 33 the "electrical code" shall mean the 2005 National Electrical Code and any amendments legally adopted by the city council of the City of University Park. Sec. 3.1002 Amendments to the National Electrical Code The following sections of the 2005 National Electric Code are amended, added, or deleted as follows: “Article 80 - General 80-1 Application. The provisions of this article shall apply to all activity involving the installation, servicing, repair, replacement, additions, modification, and/or maintenance of electrical systems, conductors, equipment, fittings, devices, motors, appliances, fixtures, signs and all other electrical equipment within or on public or private buildings and premises, except as otherwise provided in this article. The provisions of this article shall not apply to installations used by electricity supply, electric railway or communications agencies in the generation, transmission or distribution of electrical power or for the operation of street railways, signals or the transmission of intelligence data when located within or on public thoroughfares; provided, however that such agencies are operating under a franchise agreement with the city. 80-2 Application to existing electrical systems and equipment. (a) Additions, alterations or repairs. Additions, alterations or repairs may be made to any electrical system and equipment without requiring the existing electrical system and equipment to comply with all the requirements of this Code, provided that addition, alteration or repair conforms to that required for a new electrical system and equipment and provided further that no hazard to life, health or safety will be created by such additions, alterations or repairs. Minor additions, alterations and repairs to existing electrical system and equipment may be made in accordance with the law in effect at the time the original installation was made, when approved by the Community Development Manager. (b) Existing installations. Electrical systems and equipment lawfully in existence at the time of the adoption of this Code may have their use, maintenance or repair continued if the use, maintenance or repair is in accordance with the original design and no hazard to life, health or property has been created by such electrical system and equipment. (c) Change in building occupancy. Electrical systems and equipment which are a part of any building or structure undergoing a change in use or occupancy, as defined in the Building Code, shall comply with the requirements of this Code which are applicable to the new use or occupancy. (d) Maintenance. All electrical systems and equipment, both existing and new, and all parts thereof shall be maintained in a proper operating condition in accordance with the original design and in a safe and hazard free condition. All devices or safeguards which are required by this 34 Code shall be maintained in conformance with this Code. The owner or his designated agent shall be responsible for the maintenance of the electrical system. To determine compliance with this subsection, the Community Development Manager may cause any electrical system to be reinspected. (e) Moved building. Electrical systems and equipment which are a part of buildings or structures moved into or within the City of University Park shall comply with the provisions of this Code for new installations. 80-3 Definitions. General. For the purpose of these provisions, certain terms, phrases, words and their derivatives shall be construed as specified in this section. Where terms are not defined, they shall have their ordinarily accepted meanings within the context with which they are used. Webster's Third New International Dictionary of the English Language, Unabridged, 2002, shall be considered as providing ordinarily accepted meanings. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include feminine and the feminine the masculine. Approved as to materials, equipment and method of construction, refers to approval by the Community Development Manager as the result of investigation and tests conducted by him, or by reason of accepted principles or tests by recognized authorities, technical or scientific organizations. Approved Agency is an established and recognized agency regularly engaged in conducting tests or furnishing inspection services, when such agency has been approved by the Community Development Manager. Board of Appeals shall be the Board of Adjustment as appointed by the City Council of the City of University Park. Building Code is the Building Code as adopted by the City of University Park. Community Development Manager is the officer charged with the administration and enforcement of this Code, or his duly authorized representative, and is the authority having jurisdiction for this Code. Chief Electrical Inspector or Electrical Inspector shall be the person providing expertise for the Community Development Manager in the area of electrical regulations. Code Enforcement Agency is the department, division or agency of the City of University Park charged with the function of Code enforcement and shall be under the administration and operational control of the Community Development Manager. Electrical Contractor is any person, firm, or corporation to whom a valid, current electrical contractor's registration has been issued by the City of University Park. 35 Electrical Code is the National Electrical Code promulgated by the National Fire Protection Association, as adopted by the City of University Park. Firewall is the same as an area separation wall as used in the Building Code. Journeyman Electrician is a person to whom a valid, current journeyman electrician's registration has been issued by the City of University Park. Master Electrician is a person to whom a valid, current master electrician's registration has been issued by the City of University Park. Multiple Occupancy Building is a building having more than one tenant and may be of single or mixed use groups as classified by the Building Code. Occupancy is the purpose for which a building, or part thereof, is used or intended to be used. 80-4 Conflicting provisions. Where, in any specific case, different sections of this Code specify different materials, methods of construction or other requirements, the most restrictive shall govern. 80-5 Alternate materials and methods of construction. (a) 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 alternate has been approved and its use authorized by the Community Development Manager. (b) The Community Development Manager may approve any alternate, provided he finds that the proposed design is satisfactory and complies with the provisions of this Code and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Code in suitability, strength, effectiveness, fire resistance, durability and safety. (c) The Community Development Manager shall require that sufficient evidence or proof be submitted to substantiate any claims regarding the use of alternates. Provided, however, that the approval or authorization of any alternate shall not be construed as warranting or representing the safety of any approved alternate. 80-6 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this Code, the Community Development Manager 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 modification is in conformity with the intent and purpose of this Code, and that such modification does not lessen health, life and fire safety requirements. 36 80-7 Tests. (a) Whenever there is insufficient evidence of compliance with any of the provisions of this Code or evidence that materials or construction do not conform to the requirements of this Code, the Community Development Manager may require tests as evidence of compliance to be made at the sole expense of the person providing such materials or performing such construction. (b) Test methods shall be as specified by this Code or by other recognized test standards. In the absence of recognized and accepted test methods for the proposed alternate, the Community Development Manager may determine test procedures. (c) All tests shall be made by an approved agency. Reports of such tests shall be retained by the Community Development Manager for a period deemed appropriate by the Community Development Manager. 80-8 Unsafe electrical systems or equipment. All electrical systems or equipment regulated by this Code which are unsafe, or which constitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this section, unsafe. Any use of electrical systems or equipment regulated by this Code constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use. All such unsafe electrical systems or equipment are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in Article 3.200, "Abatement of Dangerous Buildings and Premises" of the University Park Code of Ordinances or such alternate procedure as may be adopted by this jurisdiction. As an alternative, the Community Development Manager or other employee or official of the City as designated by the governing body may institute any other appropriate action to prevent, restrain, correct or abate the violation. 80-9 Violations. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use or maintain any electrical system or equipment or cause or permit the same to be done in violation of this Code. The issuance or granting of a permit or approval of plans and specifications or the completion or approval of an inspection shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this Code. No permit presuming to give authority to violate or cancel the provisions of this Code shall be valid, except insofar as the work or use which is authorized is lawful. … 37 Article 85 - Organization and Enforcement 85-1 Powers and duties of Community Development Manager. (a) General. The Community Development Manager is hereby authorized to enforce all the provisions of this Code. He shall cause a record to be kept of all permits issued and inspections made. (b) Deputies. In accordance with prescribed procedures and with the approval of the appointing authority, the Community Development Manager may appoint a Chief Electrical Inspector and other related technical officers and inspectors and other employees as shall be authorized from time to time. Reference to the "Inspector" and "Electrical Inspector" in this Code shall mean the Chief Electrical Inspector or other Electrical Inspectors. The Chief Electrical Inspector and the Electrical Inspectors shall receive for services performed only such compensation as is set aside for that purpose in the current budget of the City and shall serve and be employed at the will of the City of University Park. It shall be unlawful for the Chief Electrical Inspector or any Electrical Inspector to engage in the business of selling, installing, or maintenance of electrical fixtures, devices, equipment or materials, and they shall have no financial interest in any concern engaged in such business at any time while employed by the City. (c) Right of entry. Whenever necessary to make an inspection to enforce any of the provisions of this Code, or whenever the Community Development Manager or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or violation which makes such building or premises unsafe, dangerous or hazardous, the Community Development Manager or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Community Development Manager by such Codes, provided that if such building or premises be occupied, he shall first present proper credentials and request entry. If such building or premises is unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If entry be refused, the Community Development Manager or his authorized representative shall have recourse to every remedy provided by law to secure entry. When the Community Development Manager or his authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Community Development Manager or his authorized representative for the purpose of inspection and examination pursuant to this Code. (d) Notice. When any order or notice is issued pursuant to the provisions of this Code to any person who cannot be found after a reasonable search, such order or notice may be served by posting it in a conspicuous place upon the premises occupied by him or upon the premises where the defects are alleged to exist. Such posting of the notice shall be considered equivalent to personal service of such order or notice. An order sent by mail in a sealed envelope with postage prepaid and directed to the address of the electrical contractor, owner, lessee, or occupant of the premises shall be equivalent to personal service of such order. Electrical Inspectors are hereby 38 empowered to attach to the nearest electrical cabinet or equipment feeding defective or hazardous wiring, any official notice or seal to prevent use of electricity in that area, and it shall be unlawful for any other person to place or attach such seal, or to break, change, destroy, tear, mutilate, cover or otherwise deface or injure any such official notice or seal posted by an Electrical Inspector. (e) Stop orders. Whenever any work is being done contrary to the provisions of this Code, the Community Development Manager 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 such work until authorized by the Community Development Manager to proceed with the work. (f) Authority to disconnect utilities in emergencies. The Community Development Manager or his authorized representative shall have the authority to disconnect any electric power or energy service supplied to the building, structure or building service equipment therein regulated by this Code in case of emergency where necessary to eliminate an immediate hazard to life or property. The Community Development Manager shall whenever possible notify the serving utility, the owner and occupant of the building, structure or building service equipment, in writing, of such disconnection immediately thereafter. (g) Authority to condemn electrical system and equipment. Whenever the Community Development Manager ascertains that any electrical system or equipment regulated in this Code has become hazardous to life, health or property, he may order in writing that such electrical system or equipment either be removed or restored to a safe condition, whichever is appropriate. The written notice itself shall fix a time limit for compliance with such order. No person shall use or maintain defective electrical system or equipment after receiving such notice. When such equipment or installation is to be disconnected, a written notice of such disconnection and causes therefor shall be given within 24 hours of the order to disconnect to the serving utility, the owner and occupant of such building, structure or premises. When any electrical system or equipment is maintained in violation of this Code and in violation of any notice issued pursuant to the provisions of this section, the Community Development Manager shall institute any appropriate action to prevent, restrain, correct or abate the violation. (h) Connection after order to disconnect. No person shall make connections from any energy or power supply nor supply power to any electrical system or equipment which has been disconnected or ordered to be disconnected by the Community Development Manager or the use of which has been ordered to be discontinued by the Community Development Manager until the Community Development Manager authorizes the reconnection and use of such electrical system or equipment. (i) Liability. The Community Development Manager, or his authorized representative charged with the enforcement of this Code, acting in good faith and without malice in the discharge of his duties, shall not thereby render himself personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his duties. Any suit brought against the Community Development Manager or employee because of such act or omission performed by him in the enforcement of any provision of this Code shall 39 be defended by legal counsel provided by this jurisdiction until final termination of such proceedings. This Code shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building, structure or building service equipment therein for any damages to persons or property caused by defects, nor shall the Code enforcement agency or its parent jurisdiction be held as assuming any such liability by reason of the inspections authorized by the Code or approvals issued under this Code. (j) Cooperation of other officials and officers. The Community Development Manager may request, and shall receive so far as is required in the discharge of his duties, the assistance and cooperation of other officials of this jurisdiction. Appeals (k) . Any person, firm or corporation may file an appeal with the Chairman of the Board of Adjustment for review of any decision of the Community Development Manager, provided that such appeal is made in writing within (5) days after notification by the electrical inspector. The Board of Adjustment shall meet within ten (10) days of receipt of such appeal to hear the appeal and render a decision and findings in writing to the appellant with a duplicate copy to the Community Development Manager. 85-2 Requirements of electrical contractor. (a) Registration required. It shall be unlawful for any person, firm, or corporation who is not registered as a qualified electrician in the City of University Park to engage in work regulated by this code. Prior to the approval of any permit to do work regulated by this code, the applicant for such permit must first register in person with the Building Inspection Division. (b) Application for Registration. A person, firm, or corporation who desires to register as an Electrical Contractor's Master Electrician or Journeyman Electrician in the City of University Park shall complete the appropriate application and provide the following information: (1) A current, electrical license issued by the State of Texas. (2) A form of picture identification. (3) Business identification to include the business name, business owner(s), address, and telephone number. (c) Issuance and Term of Registration. Upon satisfactory completion of the requirements of Section 85-2 and payment of applicable fees as specified by the City of University Park Master Fee Schedule for registration as an Electrical Contractor, Master Electrician or Journeyman Electrician, the Community Development Manager may approve such registration. An approved registration is valid for a period of not more than one (1) year and shall terminate at the end of each calendar year. (d) Transfer of Registration. It shall be unlawful for any person, firm, or corporation to lend, rent, or transfer an electrical registration issued by the City of University Park to another other person firm, or corporation for any purpose. 40 (e) Revocation of Registration. An electrical registration issued by the City of University Park may be revoked by the Community Development Manager for the following; (1) Falsification of any portion of an application for registration with intent to defraud. (2) Revocation or expiration of an electrical license by the State of Texas. (3) Any person, firm or corporation who, after being found guilty in municipal court of violations of this code, is unwilling to make appropriate corrections to the satisfaction of the Community Development Manager or his designee shall be denied registration as an Electrical Contractor, Master or Journeyman Electrician. (4) Transfer of registration as stipulated in Section 85-2 (d) of this code. (f) Notice of Revocation of Electrical Registration. The Community Development Manager shall provide proper notice in writing to the person, firm or corporation holding a defective electrical registration of the decision to revoke an electrical registration. Notice shall be deemed effective on the post date of certified mail and/or acceptance by hand delivery. (g) Appeal of Revocation. In the event that any person, firm or corporation shall appeal the decision of the Community Development Manager to revoke an electrical registration, a request for a public hearing of the matter shall be made in writing to the Chairman of the Board of Adjustment within five (5) days of receipt of notice of revocation as specified in Section 85-3 (f). The Board of Adjustment shall meet to consider an appeal of revocation within ten (10) days of receipt of a written request. (h) False Representation as to Registration Unlawful. It shall be unlawful for any person, firm, or corporation to represent himself or a business as an electrician or electrical contractor in the City of University Park without having first properly registered with the Building Inspection Division. (i) Electrical Company Vehicles to be Marked. All electrical contractors vehicles engaged in doing work in the City of University Park shall have signs permanently affixed to both sides of the vehicle indicating the company name of the electrical contractor. (j) Supervision. The actual work of installing, maintaining, altering, or repairing of electrical work for which a permit is required by this Code shall have supervision by a licensed master or journeyman electrician as provided by this Code. In the event the owner of electrical contracting business is not a licensed master electrician, a master electrician shall be designated by the owner of such place of business to the Community Development Manager as the person responsible for, and supervising, the electrical work done by such electrical contractor. Such designated master electrician shall be the supervisory electrician for only one (1) electrical contractor within the city at any one time. Should such supervision not be constantly provided, the Electrical Inspector may order the work being done by such electrical contractor to be discontinued until proper supervision and control has been provided and the name of the new master electrician disclosed to Community Development Manager. 41 (k) License display. Each holder of a master, journeyman or specialist license shall carry evidence of proper license on his person at all times while doing electrical work and shall produce and exhibit same when requested by an Inspector or officer of the City. 85-3 Exception from licensing and registration. Persons who are not registered electricians may carry out the following classes of work: (a) The replacement of lamps, fuses and the connection of portable devices to suitable receptacles which have been permanently installed. (b) The installation, alteration, or repairing of any wiring, devices, or equipment for signaling, remote control, or the transmission of information, provided such are inherently power limited and have a maximum nameplate rating not exceeding one volt-ampere. (c) The installation, alteration or repair of the electric wiring, devices, appliances and equipment installed by or for an electrical public service corporation legally operating in the city when for the use of such corporation in the generation, transmission, distribution or metering of the electrical energy or for the use of such a corporation in the operation of street railways, signals or the transmission of information. (d) Any work involved in the manufacture or test of electrical materials, devices, appliances or apparatus, but not including any installation of wiring other than that required for testing purposes unless such equipment as complete is approved by the Electrical Inspector before it is installed or used. (e) Electrical work done by a property owner in a building owned and occupied by him and classified as his homestead. Where the electrical work done by property owner is deemed by the Community Development Manager to be hazardous to persons or property, and repairable beyond the skills and electrical knowledge of the property owner by the Community Development Manager, or his authorized representative, the Community Development Manager may void the permit or validation obtained by the homeowner. In such an event, the electrical work shall only be completed by a Licensed Electrical Contractor, registered with the City of University Park. 85-4 Permits. (a) Permits required. Except as specified in Subsection (c) of this section, no electrical system regulated by this Code shall be installed, altered, repaired, replaced or remodeled unless a separate electrical permit for each building or structure has first been obtained from the Community Development Manager. It shall be unlawful for any person, firm or corporation who is not registered by the City as an electrical contractor to secure permits except as provided in Section 85-3. It shall be unlawful for any person to lend, rent, or transfer an electrical permit, or permit a person without proper license or registration to do the work, or for any person to make use of any such permit which is not actually his own, and any such permit obtained or submitted under these conditions shall be null and void. 42 (b) Exempt work. An electrical permit shall not be required for the following: (1) Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by this Code. (2) Repair or replacement of fixed motors, transformers or fixed approved appliances of the same type and rating in the same location. (3) Temporary decorative lighting. (4) Repair or replacement of current-carrying parts of any switch, contactor or control device. (5) Reinstallation of attachment plug receptacles, but not the outlets therefor. (6) Repair or replacement of any over current device of the required capacity in the same location. (7) Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems. (8) Taping joints. (9) Removal of electrical wiring. (10) Temporary wiring for experimental purposes in suitable experimental laboratories. (11) Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy. (12) Low-energy power, control and signal circuits of Classes II and III as defined in this Code. (13) A permit shall not be required for the installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of its function as a serving utility. Exemption from the permit requirements of this Code shall not be deemed to grant authorization for any work to be done in violation of the provisions of this Code or any other laws or ordinances. (c) Application for permit. To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the City agency for that purpose. Every such application shall: 43 (1) Identify and describe the work to be covered by the permit for which application is made. (2) Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. (3) Indicate the use or occupancy for which the proposed work is intended. (4) Be accompanied by plans, diagrams, computations and specifications and other data as required in Subsection (d) of this section. (5) Be signed by permittee, or his authorized agent. (6) Give such other data and information as may be required by the Community Development Manager. (d) Plans and specifications. With each application for a permit, and where required by the Community Development Manager for enforcement of any provision of this Code, plans, specifications and calculations shall be submitted in the quantity deemed necessary by the Community Development Manager. When deemed necessary by the Community Development Manager to ensure code compliance, the Community Development Manager may require plans and specifications to be prepared and designed by an engineer licensed by the State of Texas. All drawings, specifications and accompanying data involved with the practice of engineering, such as structural, mechanical, plumbing, electrical, heating and cooling, fire, life and safety systems, shall comply with state and local laws governing the practice of engineering as required by Article 3271a, Vernon's Annotated Texas Statutes. (e) Information on plans and specifications. Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this Code and all relevant laws, ordinances, rules and regulations. (f) Permits issuance. The applications, plans and specifications, and other data, filed by an applicant for permit may be reviewed by other departments of the City to determine compliance with any applicable laws under their jurisdiction. If the work described in an application for a permit and the plans, specifications and other data filed therewith conforms to the requirements of this Code and other pertinent laws and ordinances, and the fees specified by the City of University Park Master Fee Schedule have been paid, the Community Development Manager may issue a permit therefore to the applicant. When the Community Development Manager issues the permit where plans are required, he shall endorse in writing or stamp the plans and specifications "APPROVED." Such approved plans and specifications shall not be changed, modified or altered without authorizations from the Community Development Manager, and all work shall be done in accordance with the approved plans. The Community Development Manager may issue a permit for the construction of part of an electrical system before the entire plans and specifications for the whole system have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent 44 requirements of this Code. The holder of such permit shall proceed at his own risk with assurance that the permit for the entire building, structure or building service will be granted. (g) Retention of plans. One set of approved plans and specifications shall be returned to the applicant and shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress. One set of approved plans, specifications and computations shall be retained by the Community Development Manager until final approval of the work. (h) Validity of permit. The issuance of a permit or approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Code, or of any other ordinance of the City, nor shall the issuance of a permit or approval of plans be construed as representing or warranting the safety or lack of defects of any electrical work described therein. No permit presuming to give authority to violate or cancel the provisions of these Codes shall be valid. The issuance of a permit based upon plans, specifications and other data shall not prevent the Community Development Manager from thereafter requiring the correction of errors in said plans, specifications and other data, or from preventing building operations being carried on thereunder when in violation of these Codes or of any other ordinances of the City. (i) Expiration. Every permit issued by the Community Development Manager 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 is commenced for a period of 60 days or more. Before such work can be recommenced, a new permit shall be first obtained and the fee therefore shall be one-half the amount required for a new 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 one year. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. Any permittee holding an unexpired permit may apply for an extension of the time within which he may commence work under that permit when he is unable to commence work within the time required by this section for good and satisfactory reasons. The Community Development Manager may extend the time for action by the permittee for a period not exceeding 180 days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. (j) Suspension or revocation. The Community Development Manager may, in writing, suspend or revoke a permit issued under the provisions of this Code whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation of the City. (k) Fees. Permit fees shall be levied in the amounts specified by the City of University Park Master Fee Schedule. For fee calculation purposes, the building area is the total floor area expressed in square feet of all stories devoted to human occupancy, including halls, stairways, elevators, and other uses measured to the outside face of exterior walls, except for attached garages, carports, porches, patios and other like roofed areas shall contribute 1/2 of their total 45 area in square footage for the purpose of electrical permit fee calculation. The total building area for fee calculation purposes shall be stated on the application for electrical permit. 85-5 Inspections. (a) General. All electrical systems and equipment for which a permit is required by this Code shall be subject to inspection by the Community Development Manager. No portion of any electrical system intended to be concealed shall be concealed until inspected and approved. Neither the Community Development Manager nor the City shall be liable for expense entailed in the removal or replacement of any material necessary to allow inspection. When the installation of an electrical system and equipment is complete, an additional and final inspection shall be made. Electrical systems and equipment regulated by this Code shall not be connected to the energy source until authorized by the Community Development Manager. (b) Inspection requests. It shall be the duty of the person doing the work authorized by a permit to notify the Community Development Manager that such work is ready for inspection. The Community Development Manager may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing or by telephone at the option of the Community Development Manager. It shall be the duty of the person requesting inspections required by this Code to provide access to and means for proper inspection of such work. (c) Operation of electrical equipment. The requirements of this section shall not be construed to prohibit the operation of any electrical system or equipment installed to replace existing equipment. The request for inspection of such equipment must have been filed with the Community Development Manager not more than 48 hours after such replacement work is completed and before any portion of such electrical system is concealed by any permanent portion of the building. (d) Other inspections. In addition to the called inspections required by this Code, the Community Development Manager may make or require other inspections of any work to ascertain compliance with the provisions of this Code and other laws which are enforced by the Code enforcement agency. (e) Reinspections. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when required corrections are not made. This provision is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this Code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection or when required corrections are not made. Reinspection fees may be assessed when the approved plans are not readily available to the Inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Community Development Manager. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. 46 85-6 Service Connections. Article 230 “Services” is amended to add the following: (a) Connection approval. An electrical system or equipment regulated by this Code for which a permit is required shall not be connected to a source of energy or power until approved by the Community Development Manager. (b) Temporary connections. The Community Development Manager may authorize the temporary connection of the electrical system or equipment to the source of energy or power for the purpose of testing the equipment, or for the use under a temporary Certificate of Occupancy. (c) Authorized connection. When new electrical meters are installed or existing electrical meters are to be relocated, the disconnection, connection or reconnection to the meter shall be made only by authorized employees of the Texas Utilities Electric Company. Only authorized employees of Texas Utilities Electric Company shall be permitted to make connection between the customer's service entrance conductors and Texas Utilities Electric Company lines. 230-70. General . Means shall be ...{text unchanged}... from the service-entrance conductors. Location (a) . The service disconnecting means ...{text unchanged}... of the service conductors. Exception: Service disconnects for non-residential buildings must be located at a readily accessible location on the outside of the building only. {remainder of section unchanged} 310-14. Aluminum Conductor Material is amended by adding the following Fine Print Note: FPN - Branch circuits utilizing No. 14, 12, 10, or 8 AWG made of aluminum conductor material shall not be permitted as a wiring means in the City of University Park. 310-15. Ampacities for Conductors Rated 0 to 2000 Volts. ... Tables (b) . ... SECTION 3. That Article 3.1100 “Mechanical Code” Code of Ordinances, City of University Park, Texas, is hereby amended to read as follows: “ARTICLE 3.1100 MECHANICAL CODE 47 Sec. 3.1101 International Mechanical Code Adopted The International Mechanical Code, 2006 Edition, and amendments are herewith adopted by reference. A copy of this code with approved amendments shall be kept on file in the office of the Building Inspection Division for reference and inspection. Sec. 3.1102 Interpretation of the Mechanical 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 International Mechanical Code, or any amendments, specifications or revisions thereto, shall be interpreted and determined by the Community Development Manager, subject to the right of appeal contained in any of such codes, if any. Sec. 3.1103 Amendments to the Mechanical Code The sections of the 2006 International Mechanical Code that are changed, added, or deleted are as follows: (1)In Section 101.1, add reference to jurisdiction: “101.1 Title. These regulations shall be known as the International Mechanical Code of University Park, hereinafter referred to as "this Code." (2) Section 102.8 is changed to read as follows: 102.8 Referenced codes and standards “. The codes and standards referenced herein shall be those that are listed in Chapter 15 and such codes, when specifically adopted, and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted.” (3) Add Sections 106.1.1 and 106.1.2 to read as follows “106.1.1 Registration of license. It shall be required that any contractor making application for a mechanical permit be licensed as a mechanical contractor by the city. To obtain a license as a mechanical contractor, the contractor shall first file an application for registration in person, accompanied by a copy of the current state issued license of each person employed by the contractor, and pay the appropriate fee set forth in the Master Fee Resolution of the City of University Park. 48 106.1.2 Homeowner permits. Mechanical work performed by a property owner in a building owned and occupied by him and classified as his homestead will be permitted without the need for registration. Where the mechanical work done by property owner is deemed by the Community Development Manager to be hazardous to persons or property and repairable beyond the skills and knowledge of the property owner by the Community Development Manager, or his authorized representative, the Community Development Manager may void the permit or validation obtained by the homeowner. In such an event, the mechanical work shall only be completed by a licensed mechanical contractor, registered with the City of University Park.” (4) Section 106.4.3 is changed to read as follows: “106.4.3 Expiration. Every permit issued by the Community Development Manager under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is commenced within 60 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 60 days. Before such work can be recommenced, a new permit shall be first obtained and the fee therefore shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded 1 year. Construction of 10,000 square feet or less in area shall be completed within 18 months. Construction of a building 10,001 square feet or greater in area shall be completed within 24 months after the date of issuance of the permit.” (5) In Section 106.5.2, add a reference to fee resolution: 106.5.2 Fee schedule. “The fees for mechanical work shall be as indicated in the following schedule: The City of University Park, Texas Master Fee Resolution.” (6) In Section 106.5.3 Item 2, add refund percentage as follows: “Not more than 80% of the permit fee paid when no work has been done under a permit issued in accordance with this code.” (7)Section 109.1.2 Add Section read as follows: 109.1.2. “The Board of Adjustment of the City of University Park shall serve as the Board of Appeals required by the Code.” (8) Section 109.2 is deleted. 49 (8)Section 109.2.1 is changed to read as follows: 109.2.1 Qualifications “: The Board of Adjustment may consult with and obtain opinions and testimony from qualified and experienced professionals in making a determination on appealed matters relating to building construction.” (10) Section 302.3 is changed to read as follows: 302.3 Cutting, notching and boring in wood framing “. When permitted by the International Building Code, the cutting, notching and boring of wood framing members shall comply with Sections 302.3.1 through 302.3.3.” (11) Section 304.6 is deleted. (12) Section 304.9 is changed to read as follows: 304.9 Clearances from grade “. Equipment and appliances installed at grade level shall be supported on a level concrete slab or other approved material extending above adjoining grade a minimum of 3 inches (76 mm) or shall be suspended a minimum of 6 inches (152 mm) above adjoining grade.” (13) Section 306.3 is changed to read as follows: 306.3 Appliances in attics. “ Attics containing appliances requiring access shall be provided . . . {bulk of paragraph unchanged} . . . side of the appliance. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), or larger where such dimensions are not large enough to allow removal of the largest appliance. As a minimum, access to the attic space of residential uses shall be provided by one of the following: 1. A permanent stair. 2. A pull down stair. 3. An access door from an upper floor level. Exception: The passageway and level service space are not required where the appliance is capable of being serviced and removed through the required opening.” (14) Section 306.5 is changed to read as follows: 306.5 Equipment and appliances on roofs or elevated structures “. Where equipment and appliances requiring access are installed on roofs or elevated structures at an aggregate height exceeding 16 feet (4877 mm), such access shall be provided by a permanent approved means of access. Permanent exterior ladders providing roof access need not extend closer than 12 feet (3038 mm) to the finish grade or floor level below and shall extend to the equipment and 50 appliance’s level service space. Such access shall . . . {bulk of section to read the same}. . . on roofs having a slope greater than 4 units vertically in 12 units horizontally (33 percent slope). A receptacle outlet shall be provided at or near the equipment and appliance location in accordance with the Electrical Code.” (15) Add Section 306.6.to read as follows: 306.6. Catwalk “. On roofs having slopes greater than 4 units vertically in 12 units horizontally, a catwalk at least 16 inches in width with substantial cleats spaced not more than 16 inches apart shall be provided from the roof access to the working platform at the appliance.” (16) Add Section 306.7 to read as follows: 306.7 Water heaters above ground or floor “. When the mezzanine or platform in which a water heater is installed is more than eight (8) feet (2438 mm) above the ground or floor level, it shall be made accessible by a stairway or permanent ladder fastened to the building. Exception: A max 10 gallon water heater (or larger with approval) is capable of being accessed through a lay-in ceiling and a water heater is installed is not more than ten (10) feet (3048 mm) above the ground or floor level and may be reached with a portable ladder.” (17) Add Section 306.8 to read as follows: “306.8 Whenever the mezzanine or platform is not adequately lighted or access to a receptacle outlet is not obtainable from the main level, lighting and a receptacle outlet shall be provided in accordance with Section 306.3.1.” (18) In Section 307.2.1, modify the second sentence to read as follows: 307.2.1 Condensate disposal “. Condensate from all cooling coils and evaporators shall be conveyed from the drain pan outlet to an approved place of disposal. Condensate shall not discharge into a street, alley, sidewalk, rooftop, or other areas so as to cause a nuisance.” (19) In Section 307.2.2, add a second paragraph to read as follows: “Condensate waste pipes from air-cooling coils may be sized in accordance with equipment capacity as follows: 51 Equipment Capacity Minimum Condensate Pipe in tons of refrigeration Inside Diameter Up to 20 tons 3/4 inch Over 20 to 40 tons 1 inch Over 40 to 90 tons 1 1/4 inch Over 90 to 125 tons 1 ½ inch Over 125 to 250 tons 2 inch The size of condensate waste pipes may be for one unit or a combination of units, or as recommended by the manufacturer. The capacity of waste pipes assumes a 1/8-inch-per-foot slope, with the pipe running three-quarters full.” (20) Section 307.2.2 is changed to read as follows: 307.2.2 Drain pipe materials and sizes “. Components of the condensate disposal system shall be cast iron, galvanized steel, copper, CPVC or schedule 40 PVC pipe or tubing when exposed to ultra violet light. All components shall be selected for the pressure, temperature, and exposure rating of the installation. {Remainder unchanged}” (21) Section 307.2.3 adds item 4 to read as follows: “4. Discharge, as noted, shall be to a conspicuous point of disposal to alert occupants in the event of a stoppage of the drain. However, the conspicuous point shall not create a hazard such as dripping over a walking surface or other areas so as to create a nuisance.” (22) Section 401.5 adds a second exception to read as follows: Exceptions: 1. {existing exception unchanged} 2. Toilet room exhaust ducts may terminate in a warehouse or shop area when infiltration of outside air is present.” (23) In Section 403.2, add an exception to read as follows: “Exception: Where the design professional demonstrates that an engineered ventilation system is designed in accordance with ASHRAE 62, the minimum required rate of outdoor air shall be permitted to be as specified in such engineered system design.” (24) In Section 403.2.1, add an item 4 to read as follows: “4. Toilet rooms within private dwellings that contain only a water closet, lavatory or combination thereof may be ventilated with an approved mechanical recirculation fan or similar device designed to remove odors from the air.” 52 (25) Table 403.3, footnote g is changed to read as follows: “g. Transfer air permitted in accordance with Section 403.2.2. Toilet rooms within private dwellings that contain only a water closet, lavatory or combination thereof may be ventilated with an approved mechanical recirculation fan or similar device designed to remove odors from the air.” (26) In Section 501.2, add a second exception to read as follows: “Exceptions: 1. {existing exception unchanged} 2. {existing exception unchanged} 3. Toilet room exhaust ducts may terminate in a warehouse or shop area when infiltration of outside air is present.” (27) In Section 504.6, add a sentence to read as follows: “The size of duct shall not be reduced along its developed length or at the point of termination.” (28) Add Section 603.5.1 to read as follows: 603.5.1 Use of flexible air ducts “. Factory-made air ducts constructed of Class 0 or Class1 materials may be installed only when approved by the Community Development Manager or his designee.” (29) Section 607.5.1 is changed to read as follows: 607.5.1 Fire Walls “. Ducts and transfer openings permitted in fire walls in accordance with Section 705.11 of the International Building Code shall be protected with approved fire dampers installed in accordance with their listing. Hazardous exhaust ducts shall not penetrate fire walls.” (30) Amend Section 903.3 to read as follows: Section 903.3 “: An unvented gas fired appliance such as a room heater, fire place or space heater shall not be installed in, or have access to, a room used as a storage closet, sleeping room, bathroom, a closet or enclosure opening directly into a sleeping room or bathroom.” SECTION 4. That Article 3.1200 “Plumbing Code”, Code of Ordinances, City of University Park, Texas, is hereby amended to read as follows: 53 “ARTICLE 3.1200 PLUMBING CODE Sec. 3.1201 International Plumbing Code Adopted The International Plumbing Code, 2006 Edition, and amendments are herewith adopted by reference. A copy of this code with approved amendments shall be kept on file in the office of the Building Inspection Division for reference and inspection. Sec. 3.1202 Interpretation of the Plumbing 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 International Plumbing Code, or any amendments, specifications or revisions thereto, shall be interpreted and determined by the Community Development Manager, subject to the right of appeal contained in any of such codes, if any. Sec. 3.1203 Amendments to the Plumbing Code The sections of the 2006 International Plumbing Code that are changed, added, or deleted are as follows: (1)In Section 101.1, add reference to jurisdiction: “101.1 Title. These regulations shall be known as the International Plumbing Code of University Park, hereinafter referred to as "this Code." (2)Section 106.5 is changed to add the following Sections: “106.5.1.1 Registration of license. It shall be required that any contractor making application for a plumbing permit be licensed as a plumbing contractor by the city. To obtain a license as a plumbing contractor, the master plumber shall first file an application for registration in person, accompanied by a copy of the current state issued license of each master plumber employed by the contractor, and pay the appropriate fee set forth in the Master Fee Resolution of the City of University Park. 106.5.1.2 Homeowner permits. Plumbing work performed by a property owner in a building owned and occupied by him and classified as his homestead will be permitted without the need for registration. Where the plumbing work done by property owner is deemed by the Community Development Manager to be hazardous to persons or property, and repairable beyond the skills and knowledge of the property owner by the Community Development Manager, or his authorized representative, the Community Development Manager may void the permit or validation obtained by the homeowner. In such an event, the plumbing work shall only be completed by a licensed plumbing contractor, registered with the City of University Park.” 54 (3)Section 106.5.3 is changed to read as follows: “106.5.3 Expiration. Every permit issued by the Community Development Manager under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is commenced within 60 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 60 days. Before such work can be recommenced, a new permit shall be first obtained and the fee therefore shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded 1 year. Construction of 10,000 square feet or less in area shall be completed within 18 months. Construction of a building 10,001 square feet or greater in area shall be completed within 24 months after the date of issuance of the permit.” (4)In Section 106.6.2, add a reference to the fee resolution: “106.6.2 Fee schedule . The fees for all plumbing work shall be as indicated in the following schedule: The City of University Park, Texas, Master Fee Resolution” (5)In Section 106.6.3, Item 2, add the refund percentage as follows: “2. Not more than 80% of the permit fee paid when no work has been done under a permit issued in accordance with this Code.” (6)Add Section 109.1.2 to read as follows: Section 109.1.2. “ The Board of Adjustment of the City of University Park shall serve as the Board of Appeals. (7) Section 109.2 is deleted. (8) Section 109.2.1 is changed to read as follows: “Qualifications: The Board of Adjustment may consult with and obtain opinions and testimony from qualified and experienced professionals in making a determination on appealed matters relating to building construction.” (9) Add Section 303.2.1 to read as follows: “303.2.1Prohibited Materials. In no case shall polybutylene (PB) piping or cellular-core PVC be used as piping material for any water-service pipes, water- distribution pipes, drain, waste or vents, or any necessary connecting pipes.” 55 (10) Sections 312.9.1 and 312.9.2 are changed to read as follows: 312.9.1 Inspections. “ Annual inspections shall be made of all backflow prevention assemblies and air gaps to determine whether they are operable. In the absence of local provisions, the owner is responsible to ensure that testing is performed. 312.9.2 Testing. Reduced pressure principle backflow preventer assemblies, double check-valve assemblies, double-detector check valve assemblies and pressure vacuum breaker assemblies shall be tested at the time of installation, immediately after repairs or relocation and at least annually. The testing procedure shall be performed in accordance with applicable local provisions. In the absence of local provisions, the owner is responsible to ensure that testing is done in accordance with one of the following standards: {list of standards unchanged}” (11) Section 314.2.1 is changed to read as follows: 314.2.1 Condensate disposal “. Condensate from all cooling coils and evaporators shall be conveyed from the drain pan outlet to an approved place of disposal. Condensate shall not discharge into a street, alley, sidewalk, rooftop, or other areas so as to cause a nuisance.” (12) Change Section 314.2.2 to read as follows: 314.2.2 Drain pipe materials and sizes. “ Components of the condensate disposal system shall be cast iron, galvanized steel, copper, CPVC, or schedule 40 PVC pipe or tubing when exposed to ultra violet light. All components shall be selected for the pressure, temperature and exposure rating of the installation. Condensate waste and drain line size shall not be less than ¾-inch (19 mm) internal diameter and shall not decrease in size from the drain pan connection to the place of condensate disposal. Where the drain pipes from more than one unit are manifolded together for condensate drainage, the pipe or tubing shall be sized in accordance with an approved method. All horizontal sections of drain piping shall be installed in uniform alignment at a uniform slope.” (13) Section 401.1 is changed to add a sentence to read as follows: “The provisions of this Chapter are meant to work in coordination with the provisions of the Building Code. Should any conflicts arise between the two chapters, the Community Development Manager shall determine which provision applies.” 56 (14) Section 403.1 is changed to read as follows: 403.1 Minimum number of fixtures. “ Plumbing fixtures shall be provided for the type of occupancy and in the minimum number as follows: 1. Assembly Occupancies: At least one drinking fountain shall be provided at each floor level in an approved location. Exception: A drinking fountain need not be provided in a drinking or dining establishment. 2. Groups A, B, F, H, I, M and S Occupancies: Buildings or portions thereof where persons are employed shall be provided with at least one water closet for each sex except as provided for in Section 403.2. 3. Group E Occupancies: Shall be provided with fixtures as shown in Table 403.1. 4. Group R Occupancies: Shall be provided with fixtures as shown in Table 403.1.” (15) Add Section 403.1.2 to read as follows: 403.1.2 Finish material “. Finish materials shall comply with Section 1209 of the International Building Code.” (16) Section 405.6 is deleted. (17) Section 409.2 is changed to read as follows: 409.2 Water connection “. The water supply to a commercial dishwashing machine shall be protected against backflow by an air gap or backflow preventer in accordance with Section 608.” (18) Section 410.1 is changed to read as follows: 410.1 Approval “. Drinking fountains shall conform to ASME A112.19.1M, ASME A112.19.2M or ASME A112.19.9M, and water coolers shall conform to ARI 1010. Drinking fountains and water coolers shall conform to NSF 61, Section 9. Exception: A drinking fountain need not be provided in a drinking or dining establishment.” (19) Section 412.4 is changed to read as follows: 57 412.4 Required location. “ Floor drains shall be installed in the following areas. 1. In public coin-operated laundries and in the central washing facilities of multiple family dwellings, the rooms containing automatic clothes washers shall be provided with floor drains located to readily drain the entire floor area. Such drains shall have a minimum outlet of not less than 3 inches (76 mm) in diameter. 2. Commercial kitchens. (In lieu of floor drains in commercial kitchens, the Community Development Manager may accept floor sinks.)” (20) Section 413.4 is changed to read as follows: 413.4 Water supply required “. All food waste grinders shall be provided with a supply of cold water. The water supply shall be protected against backflow by an air gap or with the installation of a backflow preventer in accordance with Section 608.” (21) Section 417.5 is changed to read as follows: 417.5 Shower floors or receptors “. Floor surfaces shall be constructed of impervious, noncorrosive, nonabsorbent and waterproof materials. Thresholds shall be a minimum of 2 inches (51 mm) and a maximum of 9 inches (229 mm), measured from top of the drain to top of threshold or dam. Thresholds shall be of sufficient width to accommodate a minimum twenty-two (22) inch (559 mm) door. Exception: Showers designed to comply with ICC/ANSI A117.1.” (22) Section 417.5.2 is changed to read as follows: 417.5.2 Shower lining. “ Floors under shower compartments, except where prefabricated receptors have been provided, shall be lined and made water tight utilizing material complying with Sections 417.5.2.1 through 417.5.2.4. Such liners shall turn up on all sides at least 3 inches 76 mm) above the finished threshold level and shall extend outward over the threshold and fastened to the outside of the threshold jamb. Liners shall be recessed and fastened to an approved backing so as not to occupy the space required for wall covering, and shall not be nailed or perforated at any point less than 1 inch (25 mm) above the finished threshold. Liners shall be pitched one-fourth unit vertical in 12 units horizontal (2-percent slope) and shall be sloped toward the fixture drains and be securely fastened to the waste outlet at the seepage entrance, making a water-tight joint between the liner and the outlet.” (23) Add Section 417.7 to read as follows: 58 417.7 Test for shower receptors “. Shower receptors shall be tested for water tightness by filling with water to the level of the rough threshold. The drain shall be plugged in a manner so that both sides of pans shall be subjected to the test at the point where it is clamped to the drain.” (24) Section 419.3 is changed to read as follows: 419.3 Surrounding material “. Wall and floor space to a point 2 feet (610 mm) in front of a urinal lip and 4 feet (1219 mm) above the floor and at least 2 feet (610 mm) to each side of the urinal shall be waterproofed with a smooth, readily cleanable, hard, nonabsorbent material.” (25) Add Section 502.3.1 to read as follows: 502.3.1 Water heaters above ground or floor. “ When the attic, roof, mezzanine or platform in which a water heater is installed is more than eight feet (8’) (2438 mm) above the ground or floor level, it shall be made accessible by a stairway or permanent ladder fastened to the building.” (26) Add Section 502.5 to read as follows: 502.5 Water heaters above ground or floor. “When the attic, roof, mezzanine or platform in which a water heater is installed is more than eight (8) feet (2438 mm) above the ground or floor level, it shall be made accessible by a stairway or permanent ladder fastened to the building. Exception: A max 10 gallon water heater (or larger with approval) is capable of being accessed through a lay-in ceiling and a water heater is installed is not more than ten (10) feet (3048 mm) above the ground or floor level and may be reached with a portable ladder.” 502.5.1 Whenever the mezzanine or platform is not adequately lighted or access to a receptacle outlet is not obtainable from the main level, lighting and a receptacle outlet shall be provided in accordance with Section 502.3.1.” (27) Section 504.6 is changed to read as follows: 504.6 Requirements for discharge piping “. The discharge piping serving a pressure relief valve, temperature relief valve or combination thereof shall: 1. Not be directly connected to the drainage system. 2. Discharge through an air gap. 3. Not be smaller than the diameter of the outlet of the valve served and shall discharge full size to the air gap. 4. Serve a single relief device and shall not connect to piping serving any other relief device or equipment. 59 Exception: Multiple relief devices may be installed to a single T & P discharge piping system when approved by the administrative authority and permitted by the manufactures installation instructions and installed with those instructions... 5. Discharge, to an indirect waste receptor or to the outdoors. Where discharging to the outdoors in areas subject to freezing, discharge piping shall be first piped to an indirect waste receptor through an air gap located in a conditioned area. 6. Discharge in a manner that does not cause personal injury or structural damage. 7. Discharge to a termination point that is readily observable by the building occupants. 8. Not be trapped. 9. Be installed so as to flow by gravity. 10. Not terminate less than 6 inches or more than 24 inches (152 mm) above No grade or more than 6 inches above the waste receptor. 11. Not have a threaded connection at the end of such piping. 12. Not have valves or tee fittings. 13. Be constructed of those materials listed in Section 605.4 or materials tested, rated and approved for such use in accordance with ASME A112.4.1.” (28) Add Section 604.4.1 to read as follows: 604.4.1 State maximum flow rate “. Where the State mandated maximum flow rate is more restrictive than those of this section, the State flow rate shall take precedence.” (29) Section 605.4 is changed to read as follows: 605.4 Water service pipe. “ Water service pipe and fittings shall be of brass or copper and shall conform to NSF61 and the standards listed in Table 605.4. …{bulk of section unchanged}…” (30) In Tables 605.4 and 605.5, delete “Polybutylene (PB) plastic pipe and tubing”. (31) Section 714.1 is changed to read as follows: “SECTION 714 ENGINEERED DRAINAGE DESIGN 714.1 Design of drainage system. The sizing requirements for plumbing drainage systems shall be determined by approved design methods.” (32) Section 904.1 is changed to read as follows: 60 “904.1 Roof extension. All open vent pipes that extend through a roof shall be terminated at least six inches (6”) (152 mm) above the roof, except that where a roof is to be used for any purpose other than weather protection, the vent extensions shall be run at least seven feet (7’) (2134 mm) above the roof.” (33) Section 1002.10 is hereby deleted. (34) Section 1003.4.3; add section to read as follows: “1003.4.3.1 Sizing of grease trap. Any permit application involving new construction or major renovation of a restaurant or business involved in the preparation of food must be accompanied by plans which have been reviewed and approved by the Dallas County Health Department. The need for and size of grease traps will be based on the plumbing fixture requirement in the food preparation area (kitchen) as required by the health department, and the type of food preparation as listed in Table 1003.4.3.” (35) In Table 1003.4.3, add a new table to read as follows: Table 1003.4.3 “ Grease trap sizing requirements a. Restaurants (take-out or delivery) with minimal cooking or heating of foods (i.e. pizza delivery) which requires no grease or vent hood - Size grease trap according to the following schedule: Kitchen Fixture Fixture Units 3 Compartment Sink 25 2 Compartment Sink 20 1 Compartment Sink 15 Dishwasher 25 Floor Drain 10 Total x 2 = Grease trap size (lbs.) b. Restaurants (dine-in/take-out/or delivery) with no cooking (i.e. deli's, sandwich shops, cold foods) - No requirement for a grease trap. c. Restaurants (dine-in/take-out/or delivery) with cooking requiring the need for any type of grease or vent hood -Minimum size - 750 lbs.” (36) Section 1106.1 is changed to read as follows: 61 1106.1 General. “ The size of the vertical conductors and leader, building storm drains, building storm sewers, and any horizontal branches of such drains or sewers shall be based on six inches (6”) per hour.” (37) Section 1107.3 is changed to read as follows: 1107.3 Sizing of secondary drains. “ Secondary (emergency) roof drain system shall be sized in accordance with Section 1106. Scuppers shall be sized to prevent the depth of ponding water . . . {remainder of section unchanged} . . .” (38) In Section 1202.1, delete Exception 2.” SECTION 5. That Chapter 3 “Building and Construction” of the Code of Ordinances, City of University Park, Texas, is amended by adding Sections 3.1250 et seq to adopt the International Fuel Gas Code as follows: “Sec. 3.1250 International Fuel Gas Code Adopted The International Fuel and Gas Code, 2006 Edition, and amendments are herewith adopted by reference. A copy of this code with approved amendments shall be kept on file in the office of the Building Inspection Division for reference and inspection. Sec. 3.1251 Interpretation of the Fuel Gas 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 International Fuel Gas Code, or any amendments, specifications or revisions thereto, shall be interpreted and determined by the Community Development Manager, subject to the right of appeal contained in any of such codes, if any. Sec. 3. 1253 The sections of the 2006 International Fuel Gas Code that are changed, added, or deleted are as follows: (1) In Section 101.1, add a reference to jurisdiction: “101.1 Title. These regulations shall be known as the International Plumbing Code of University Park, hereinafter referred to as "this Code." (2) In Section 102.2, add an exception to read as follows: “Exception: Existing dwelling units shall comply with Section 621.2.” (3) Amend Section 102.8 to read as follows: 102.8 Referenced codes and standards “. The codes and standards referenced in this code shall be those that are listed in Chapter 8 and such codes, when specifically adopted, and standards shall be considered part of the requirements of 62 this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 shall mean the Electrical Code as adopted.” (4) Section 304.10 is changed to read as follows: “304.10 Louvers and grilles . The required size of openings for combustion, ventilation and dilution air shall be based on the net free area of each opening. Where the free area through a design of louver, grille or screen is known, it shall be used in calculating the size opening required to provide the free area specified. Where the design and free area of louvers and grilles are not known, it shall be assumed that wood louvers will have 25 percent free area and metal louvers and grilles will have 50 percent free area. Screens shall have a mesh size not smaller than ¼ inch (6.4 mm). Nonmotorized louvers and grilles shall be fixed in the open position. Motorized louvers shall be interlocked with the appliance so that they are proven to be in the full open position prior to main burner ignition and during main burner operation. Means shall be provided to prevent the main burner from igniting if the louvers fail to open during burner start-up and to shut down the main burner if the louvers close during operation.” (5) In Section 304.11, change Exception 8 to read as follows: 304.11 Combustion air ducts “. Combustion air ducts shall comply with all of the following: 1. Ducts shall be constructed of galvanized steel complying with Chapter 6 of the International Mechanical Code or of a material having equivalent corrosion resistance, strength and rigidity. Exception: Within dwellings units, unobstructed stud and joist spaces shall not be prohibited from conveying combustion air, provided that not more than one required fireblock is removed. 2. Ducts shall terminate in an unobstructed space allowing free movement of combustion air to the appliances. 3. Ducts shall serve a single enclosure. 4. Ducts shall not serve both upper and lower combustion air openings where both such openings are used. The separation between ducts serving upper and lower combustion air openings shall be maintained to the source of combustion air. 5. Ducts shall not be screened where terminating in an attic space. 6. Horizontal upper combustion air ducts shall not slope downward toward the source of combustion air. 7. The remaining space surrounding a chimney liner, gas vent, special gas vent or plastic piping installed within a masonry, metal or factory-built chimney shall not be used to supply combustion air. 63 Exception: Direct-vent gas-fired appliances designed for installation in a solid fuel-burning fireplace where installed in accordance with the manufacturer’s instructions. 8. Combustion air intake openings located on the exterior of a building shall have the lowest side of such openings located not less than 12 inches (305 mm) vertically from the adjoining grade level or the manufacturer’s recommendation, whichever is more stringent.” (6) Section 305.5 is deleted. (7) Section 305.7 is changed to read as follows: 305.7 Clearances from grade. “ Equipment and appliances installed at grade level shall be supported on a level concrete slab or other approved material extending a minimum of 3 inches (76 mm) above adjoining grade or shall be suspended a minimum of 6 inches (152 mm) above adjoining grade.” (8) Section 306.3 is changed to read as follows: 306.3 Appliances in attics “. Attics containing appliances requiring access shall be provided . . . {bulk of paragraph unchanged} . . . from the opening to the equipment. The passageway shall have continuous unobstructed solid flooring not less than 30 inches 762mm) wide. A level service space not less than 30 inches (762 mm) deep and 30 inches (762 mm) wide shall be present at the front or service side of the equipment. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), or larger where such dimensions are not large enough to allow removal of the largest appliance. As a minimum, access to the attic space shall be provided by one of the following: 1.A permanent stair. 2.A pull down stair. 3.An access door from an upper floor level. 4.Access Panel may be used in lieu items 1, 2, and 3 with prior approval of the Community Development Manager due to structural conditions. Exceptions: 1. The passageway and level service space are not required where the appliance is capable of being serviced and removed through the required opening. 2. Where the passageway is not less than 6 feet (1829 mm) high for its entire length, the passageway shall be not greater than 50 feet (15 250 mm) in length.” (9) Section 306.5 is changed to read as follows: 64 306.5 Equipment and appliances on roofs or elevated structures “. Where equipment and appliances requiring access are installed on roofs or elevated structures at an aggregate height exceeding 16 feet (4877 mm), such access shall be provided by a permanent approved means of access. Permanent exterior ladders providing roof access need not extend closer than 12 feet (2438 mm) to the finish grade or floor level below and shall extend to the equipment and appliance’s level service space. Such access shall . . . {bulk of section to read the same} on roofs having a slope greater than 4 units vertical in 12 units horizontal (33-percent slope). A receptacle outlet shall be provided at or near the equipment and appliance location in accordance with the Electrical Code.” (10) Add Section 306.5.1.1 to read as follows: 306.5.1.1 Catwalk. “ On roofs having slopes greater than 4 units vertical in 12 units horizontal, a catwalk at least 16 inches in width with substantial cleats spaced not more than 16 inches apart shall be provided from the roof access to the working platform at the appliance.” (11) Add Section 306.7 to read as follows: 306.7 Water heaters above ground or floor “. When the attic, roof, mezzanine or platform in which a water heater is installed is more than eight feet (8’) (2438 mm) above the ground or floor level, it shall be made accessible by a stairway or permanent ladder fastened to the building. Exception: A maximum 10 gallon water heater (or larger with approval) is capable of being accessed through a lay-in ceiling and a water heater is installed is not more than ten (10) feet (3048 mm) above the ground or floor level and may be reached with a portable ladder. 306.7.1. Whenever the mezzanine or platform is not adequately lighted or access to a receptacle outlet is not obtainable from the main level, lighting and a receptacle outlet shall be provided in accordance with Section 306.3.1.” (12) In Section 401.5, add a section to read as follows: “Both ends of each section of medium pressure corrugated stainless steel tubing (CSST) shall identify its operating gas pressure with an approved tag. The tags are to be composed of aluminum or stainless steel and the following wording shall be stamped into the tag: "WARNING 1/2 to 5 psi gas pressure Do Not Remove" 65 (13) In Section 401.5.1, add a section to read as follows: “The use of corrugated stainless steel tubing (CSST) is subject to the following procedure: (a) Building Dept. approval is required before installation. (b) Letter verifying pressure from Gas Company. (c) No Hybrid systems allowed. (d) Steel casings on all drop and risers (e) Letter from Manufacturer’s Representative verifying that product has been installed in accordance with specifications.” (14) In Section 402.3, add an exception to read as follows: “Exception: Corrugated stainless steel tubing (CSST) shall be a minimum of 1/2" (18 EHD).” (15) Section 404.9 is changed to read as follows: 404.9 Minimum burial depth “. Underground piping systems shall be installed a minimum depth of 18 inches (458 mm) top of pipe below grade.” (16) Section 404.9.1 is deleted. (17) Section 406.1 is changed to read as follows: 406.1 General “. Prior to acceptance and initial operation, all piping installations shall be inspected and pressure tested to determine that the materials, design, fabrication, and installation practices comply with the requirements of this code. The permit holder shall make the applicable tests prescribed in Sections 406.1.1 through 406.1.5 to determine compliance with the provisions of this code. The permit holder shall give reasonable advance notice to the Community Development Manager when the piping system is ready for testing. The equipment, material, power and labor necessary for the inspections and test shall be furnished by the permit holder and the permit holder shall be responsible for determining that the work will withstand the test pressure prescribed in the following tests.” (18) Add Section 409.1.4 to read as follows: 409.1.4 Valves in CSST installations “. Shutoff valves installed with corrugated stainless steel (CSST) piping systems shall be supported with an approved termination fitting, or equivalent support, suitable for the size of the valves, of adequate strength and quality, and located at intervals so as to prevent or damp out excessive vibration but in no case greater than 12-inches from the center of the valve. Supports shall be installed so as not to interfere with the free expansion and contraction of the system's piping, fittings, and valves between anchors. All 66 valves and supports shall be designed and installed so they will not be disengaged by movement of the supporting piping.” (19) In Section 410.1, add a second paragraph and exception to read as follows: “Access to regulators shall comply with the requirements for access to appliances as specified in Section 306. Exception: A passageway or level service space is not required when the regulator is capable of being serviced and removed through the required attic opening.” (20) In Section 614.6, add a sentence to read as follows: “The size of duct shall not be reduced along its developed length or at the point of termination.” (21) Section 621.2 is changed to read as follows: 621.2 Prohibited use “. One or more unvented room heaters shall not be used as the sole source of comfort heating in a dwelling unit.” (22) Delete Section 621.5 and replace with the following: Section 621.5: “ An unvented gas fired appliance such as a room heater, fire place or space heater shall not be installed in, or have access to, a room used as a storage closet, sleeping room, bathroom, a closet or enclosure opening directly into a sleeping room or bathroom.” (23) Section 624.1.1 is changed to read as follows: 624.1.1 Installation requirements. “ The requirements for water heaters relative to access, sizing, relief valves, drain pans and scald protection shall be in accordance with the International Plumbing Code.” SECTION 6. That Chapter 5 “Fire Protection”, Code of Ordinances, City of University Park, Texas, is amended by adding the International Fire Code, 2006 Edition, with amendments as follows: “Article 5.100 International Fire Code Section 5.101 Adoption The International Fire Code, 2006 Edition, and amendments are herewith adopted including Appendix B, C, D, and F by reference. A copy of the code, with approved amendments, shall be kept on file in the office of the Fire Marshal for reference and inspection. 67 Section 5.102 Establishment and Duties of Division of Fire Department (b)The International Fire Code shall be enforced by the Division of Fire Prevention. Section 5.103 Amendments to the 2006 International Fire Code The sections of the International Fire Code that are changed, added, or deleted are as follows: (1)Section 101.1 is amended to read as follows: “101.1 Title. These regulations shall be known as the Fire Code of University Park, Texas, hereinafter referred to as “this code.” (2)Section 102.4 is changed to read as follows: “102.4 Application of other codes. The design and construction of new structures shall comply with this code, and other codes as applicable. Repairs, alterations, and additions to existing structures shall comply with this code and the International Building Code. This code shall apply to new and existing one and two family dwellings.” (3)Section 102.6 is changed to read as follows: “102.6 Referenced Codes and Standards. The codes and standards referenced in this code shall be those that are listed in Chapter 45 and such codes, when specifically adopted, and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between the provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adapted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted.” (4)Section 103.1.1 shall read as follows: “103.1 General. The Fire Prevention Division is established within the jurisdiction under the direction of the Fire Chief. The function of the division shall be the implementation, administration, and enforcement of the provisions of this Code.” (5) In Section 103.1.2, add second paragraph to read as follows: “Section 103.1.2. Department of Fire Prevention Personnel and Police. The chief and members of the Department of Fire Prevention shall have the powers of a police officer when performing their duties under this Code.” 68 (6)Section 103.2 shall read as follows: “103.2 Appointment. The Fire Marshal shall be appointed by the Fire Chief of the jurisdiction; the Fire Marshal shall not be removed from the office except for cause and after full opportunity to be heard on specific and relevant charges by and before the appointing authority.” (7)Section 103.3 shall read as follows: “103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the Fire Chief shall have the authority to appoint a Deputy Fire Marshal, other related technical officers, inspectors and other employees.” (8)Section 104.10.2 is added to read as follows: “Section 104.10.2 Hazardous Materials. The fire code official is authorized to investigate the cause, origin, and circumstances of any unauthorized releases of hazardous materials .” (9)Section 105.1.1 shall read as follows: “Permit Required . Permits required by this code shall be obtained from the University Park Fire Department, Fire Prevention Division. Permit fees shall be paid prior to issuance of the permit. Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the fire code official. A permit must be obtained prior to the use of any permit or the installation of any construction.” (10)Add Section 106.2.1 and 106.2.2 to read as follows: “106.2.1 Inspection requests. It shall be the duty of the holder of the permit or their duly authorized agent to notify the fire code official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that is required by this code. 106.2.2 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the fire code official. The fire code official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the fire code official.” 69 (11)Section 108.1 Board of Appeals is deleted and held in reserve. (12)Section 109.3 shall be modified to read as follows: “Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the Fire Code Official, or of a permit or certificate used under the provisions of this code shall be guilty of a misdemeanor, punishable by a fine of not more than the sum of two thousand dollars ($2000.00) for each offense. Each day that a violation continues after due notice has been served shall be deemed a separate offense.” (13)Amend the definition of Fire Watch in Section 202 to read as follows: “FIRE WATCH. A temporary measure intended to ensure continuous and systematic surveillance of a building or portion thereof by one or more qualified individuals or standby personnel when required by the fire code official, for the purposes of identifying and controlling fire hazards, detecting early signs of unwanted fire, raising an alarm of fire and notifying the fire department .” (14)In Section 202, add new definitions as follows: “ADDRESSABLE FIRE DETECTION SYSTEM. Any system capable of providing identification of each individual alarm-initiating device. The identification shall be in plain English and as descriptive as possible to specifically identify the location of the device in alarm. The system shall have alarm verification. ANALOG INTELLIGENT ADDRESSABLE FIRE DETECTION SYSTEM. Any system capable of calculating a change in value by directly measurable quantities (voltage, resistance, etc.) at the sensing point. The physical analog may be conducted at the sensing point or at the main control panel. The system shall be capable of compensating for long-term changes in sensor response while maintaining a constant sensitivity. The compensation shall have a preset point at which a detector maintenance signal shall be transmitted to the control panel. The sensor shall remain capable of detecting and transmitting an alarm while in the maintenance mode. BUILDING OFFICIAL shall be held to mean the Building Official for the City of University Park, Texas. 70 BUREAU OF FIRE PREVENTION shall be held to mean the Fire Department of the City of University Park, Texas. CHIEF OF THE BUREAU OF FIRE PREVENTION shall be the Fire Chief of the City of University Park, Texas or the Chief’s authorized representatives. CITY shall be held to mean the City of University Park, Texas. CORPORATE COUNSEL shall be held to mean the City Attorney for the City of University Park, Texas. FIRE CODE OFFICIAL is the Fire Chief, Fire Marshal or other designated authority charged by the applicable governing body with the duties of administration and enforcement of the code, or a duly authorized representative. FLEET VEHICLE shall be held to mean a motor vehicle which is one of a group of motor vehicles, owned or operated as a unit and used in the ongoing course of business. HIGH RISE BUILDING. A building having floors used for human occupancy located more than 55 feet above the lowest level of fire department access. JURISDICTION is the City of University Park, Texas. POLICE CHIEF shall be held to mean the Chief of Police for the City of University Park, Texas. SELF-SERVICE STORAGE FACILITY .Real property designed and used for the purpose of renting or leasing individual storage spaces to customers for the purpose of storing and removing personal property on a . self-service basis STANDBY PERSONNEL. Qualified fire service personnel, approved by the Fire Chief. When utilized, the number required shall be as directed by the Fire Chief. Charges for utilization shall be as normally calculated by the jurisdiction. (15)Section 307.2 is changed to read as follows: “307.2 Permit Required. A permit shall be obtained from the code official in accordance with Section 105.6 prior to kindling a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, or open burning. Application for 71 such approval shall only be presented by and permits issued to the owner of the land upon which the fire is to be kindled. Examples of state or local law, or regulations referenced elsewhere in this section may include but not be limited to the following: 1.Texas Commission on Environmental Quality guidelines and/or restrictions. 2.State, County or Local temporary or permanent bans on open burning. 3.Local written policies as established by the Fire Department.” (16)Section 308.3.1 is changed to read as follows: “308.3.1 Open-flame cooking devices. Hibachis, gas-fired grills, charcoal grills, outdoor fireplaces and other similar devices used for cooking, heating or any other purpose, shall not be located or operated on any combustible balcony or deck within 10 feet (3048 mm) of any combustible construction. Exceptions: 1.One- and two-family dwellings 2.Where buildings, balconies, and decks are protected by an approved automatic sprinkler system.” (17)Section 308.3.1.1 is changed to read as follows: “308.3.1.1 Liquefied-petroleum-gas-fueled cooking devices. When permitted as listed in the exceptions of Section 308.3.1, LP-gas burners having an LP-gas container with a water capacity greater than 2.5 pounds [nominal 1 pound (0.454 kg) LP-gas capacity] shall not be located on combustible balconies or within 10 feet (3048 mm) of combustible construction. Exception: 1.One- and two-family dwellings” (18)Section 401.3.4 is added to read as follows: “401.3.4 Fire Alarms and Nuisance Alarms. False alarms and nuisance alarms shall not be given, signaled or transmitted or caused or permitted to be given, signaled or transmitted in any manner.” (19)Section 503.1.4 is added to read as follows: “503.1.4 Fire Lane Installation Timing. Prior to the issuance of a building permit, fire lanes required by this section shall be designated on a 72 site plan and a minimum of 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 the required fire lanes are serviceable and acceptable.” (20)To Section 503.1.4, add the following: “Section 503.1.4. Existing Fire Lanes. Any fire lane that has been established prior to passage of the ordinance from which this article is derived and designated by the Fire Marshal or that has been established by a separate ordinance shall be a fire lane for all intents and purposes and shall be maintained as required by this code.” (21)Section 503.1.5 is added to read as follows: “Section 503.1.5. Maintenance Generally. (a) The fire code official shall report any negligent surface conditions, markings, or signs to the owner or person in control of property upon which a fire lane exists and shall issue instructions for repair. (b) It shall be unlawful for the owner or person in control of property upon which a fire lane has been designated or exists to fail to maintain the surface of the fire lane in good condition, free of potholes and other non- approved obstructions. (c) It shall be unlawful for the owner or person in control of property on which a fire lane has been designated or exists to fail to maintain any marking of the fire lane as required by this Code in a condition which is not clearly legible.” (22)Section 503.2.1 is changed to read as follows: “503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (7315mm), except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 14 feet (4267 mm). Exception: Vertical clearance may be reduced provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance when approved.” (23)Section 503.2.2 is changed to read as follows: “503.2.2 Authority. The fire code official shall have the authority to require an increase in the minimum access widths and vertical clearances where they are inadequate for fire or rescue operations.” 73 (24)Section 503.2.4 shall be amended to read as follows: “503.2.4 Turning Radius. The turning radius of a fire department access road shall be a minimum inside turning radius of twenty-five feet (25’) and a minimum outside turning radius of fifty feet (50’).” (25)Section 503.3 shall be changed to read as follows: “503.3 Marking. Approved striping or, when allowed by the code official, signs, or both, shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Signs and striping shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. (1) Striping – Fire apparatus access roads shall be marked by painted lines of red traffic paint six inches (6”) in width to show the boundaries of the lane. The words “NO PARKING FIRE LANE” or "FIRE LANE NO PARKING” shall appear in four inch (4”) white letters at 25 feet intervals on the red border markings along both sides of the fire lanes. Where a curb is available, the stripping shall be on the vertical face of the curb. (2) Signs – Signs shall read “NO PARKING FIRE LANE” or "FIRE LANE NO PARKING” and shall be 12 inches wide and 18 inches high. Signs shall be painted on a white background with letters and borders in red, using not less than 2 inch lettering. Signs shall be permanently affixed to a stationary post and the bottom of the sign shall be six feet, six inches (6’6”) above finished grade. Signs shall be spaced not more than fifty feet (50’) apart. Signs may be installed on permanent buildings or walls or as approved by the Fire Chief.” (26)Section 503.4 is changed to read as follows: “503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in Section 503.2.1 and any area marked as a fire lane as described in Section 503.3 shall be maintained at all times. The operator of a premise shall maintain, free of obstruction, all fire lanes on his premises. No person may mark, post or otherwise identify a non-fire lane private vehicular passageway as a fire lane or in such a manner as tends to create confusion as to whether the passageway is a fire lane. Any unauthorized vehicle on a fire lane is: (1) Subject to removal by the operator of the premises, with the expense of removal and storage to be borne by the registered owner of the vehicle, (2) Subject to citation, as well as removal, by the Fire Marshal or a Police Officer, and 74 (3) Prima facie evidence that the person in whose name the vehicle is registered is guilty of a violation of the parking provisions of this section.” (27)Section 508.5.7 shall be added to read as follows: “508.5.7. Fire Department Connection. The fire department connection for a sprinkler and/or a standpipe connection shall be within twenty-five feet (25’) of a dedicated street or fire apparatus access road.’ (28)Section 605.5.1 is amended to read as follows: “605.5.1 Power Supply. Extension cords shall be plugged directly into an approved receptacle, except for approved multiplug extension cords, shall serve only one appliance.” (29) Section 605.5.4 is amended to read as follows: “605.5.4 Grounding. Extension cords shall be grounded.” (30) Section 704.1 shall be amended to read as follows: “704.1 Enclosure. Interior vertical shafts, including but not limited to stairways, elevator hoist ways, service and utility shafts, that connect two or more stories of a building shall be enclosed or protected in accordance with the codes in effect at the time of construction but, regardless of when constructed, not less than as specified in Table 704.1.” (31)Section 807.4.3.2 shall add the following exception. “Exception: Corridors protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 shall be limited to 50 percent of the wall area.” (32)Section 807.4.4.2 shall add the following exception. “Exception: Corridors protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 shall be limited to 50 percent of the wall area.” (33)Section 901.7 is changed to read as follows: “901.7 Systems out of service. Where a required fire protection system is out of service or in the event of an excessive number of activations, the fire department and the code official shall be notified immediately and, where required by the code official, the building shall either be evacuated or an approved fire watch shall be provided for all occupants left 75 unprotected by the shut down until the fire protection system has been returned to service. Where utilized, standby personnel shall be provided with at least one approved means for notification of the fire department and their only duty shall be to perform constant patrols of the protected premises and keep watch for fires.” (34)Section 903.1.2 is amended by addition the following second paragraph: “903.1.2 Residential Sprinkler Systems. Unless specifically allowed by this Code or the International Building Code, residential sprinkler systems installed in accordance with NFPA 13D or 13R shall not be recognized for the purposes of exceptions or reductions, commonly referred to as “trade- offs”, permitted by other requirements of this Code. In addition, all residential sprinkler systems installed in accordance with NFPA 13D or 13R must include attic sprinkler protection to be recognized for the purposes of such trade-offs permitted by other requirements of this Code.” (35)In Section 903.2, delete the exception. (36)Section 903.2.1.1 is amended to read as follows: “903.2.1.1 Group A-1. An automatic sprinkler system shall be provided throughout a fire area containing a Group A-1 occupancy Occupancies where one of the following conditions exists: 1. The fire area exceeds 6,000 square feet. 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. 4. The fire area contains a multi theater complex.” (37)Section 903.2.1.3 is amended to read as follows: “903.2.1.3 Group A-3. An automatic sprinkler system shall be provided throughout a fire area containing a Group A-3 Occupancies where one of the following conditions exists: 1. The fire area exceeds 6,000 square feet. 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge.” 76 (38)Section 903.2.1.4 is added to read as follows: “903.2.1.4 Group A-4. An automatic sprinkler system shall be provided throughout a fire area containing a Group A-4 Occupancies where one of the following conditions exists: 1. The fire area exceeds 10,000 square feet. 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge.” (39)Section 903.2.3 is amended to read as follows: “903.2.3 Group F-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists: 2 1.Where a Group F-1 fire area exceeds 6,000 square feet ( 557 m); 2.Where a Group F-1 fire area is located more than three stories above grade plane; or 3.Where the combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 6,000 square feet.” (40)Section 903.2.6 is amended to read as follows: “903.2.6 Group M. An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one of the following conditions exists: 2 1.Where a Group M fire area exceeds 6,000 square feet (557m); 2.Where a Group M fire area is located more than three stories above grade plane; or 3.Where the combined area of all Group M fire areas on all floors, 2 including any mezzanines, exceeds 6,000 square feet (557m).” (41)In Section 903.2.7., add a second paragraph to read as follows: “All existing Group R occupancies housing Fraternities and Sororities within the city limits of University Park shall have an automatic fire sprinkler system installed throughout within 5 years after passing of this ordinance. The sprinkler systems shall be installed in accordance with the fire code that has been adopted at the time of permitting for the system. The fire suppression systems shall be installed and in service no later than January 1, 2013.” 77 (42)Section 903.2.8 is amended to read as follows: “903.2.8 Group S-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists: 2 1.A Group S-1 fire area exceeds 6,000 square feet (557 m) 2.A Group S-1 fire area is located more than three stories above grade plane; or 3.The combined area of all Group S-1 fire areas on all floors, including 2 mezzanines, exceeds 6,000 square feet (557 m).” (43)Section 903.2.8.1 is amended to read as follows: “903.2.8.1 Repair Garages. An automatic sprinkler system shall be provided throughout all buildings used as repair garages in accordance with the International Building Code, as follows: 1.Buildings two or more stories in height, including basements, with a fire area containing a repair garage exceeding 6,000 square feet (557 2 m); 2.One-story buildings with a fire area containing a repair garage 2 exceeding 6,000 square feet (557m); 3.Buildings with a repair garage servicing vehicles parked in the basement.” (44)Section 903.2.8.2 is amended to read as follows: “903.2.8.2 Bulk Storage of Tires. Buildings and structures with areas for the storage of tires are stored shall be equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1.” (45) Amend Section 903.2.10.3 to read as follows: “903.2.10.3 Buildings over 35 feet in height. An automatic sprinkler system shall be installed throughout buildings with a floor level, other than penthouses in compliance with Section 1509 of the International Building Code that is located 35 feet (10,668 mm) or more above the lowest level of fire department vehicle access. Exception: Open parking structures in compliance with Section 406.3 of the International Building Code.” (46) Section 903. 2.12.3 is added to read as follows: 78 “903.2.12.3 Self-service storage facility. An automatic sprinkler system shall be installed throughout all self-service storage facilities. Exception: One-story self-service storage facilities that have no interior corridors, with a one-hour fire barrier separation wall installed between every storage compartment.” (47) A dd Section 903.2.12.4, 903.2.12.5 and 903.2.12.6 to read as follows: “903.2.12.4 High-Piled Combustible Storage. For any building with a clear height exceeding 12 feet (4572 mm), see Chapter 23 to determine if those provisions apply. 903.2.12.5 Spray Booths and Rooms. New and existing spray booths and spraying rooms shall be protected by an approved automatic fire- extinguishing system. 903.2.12.6 Buildings over 6,000 sq.ft. An automatic sprinkler system 2 shall be installed throughout all buildings over 6,000 square feet (557 m). For the purpose of this provision, fire walls shall not define separate buildings. 903.2.12.7 Existing Buildings. The owner of any building shall be required to install an automatic sprinkler system to protect the existing building and new additions at such time as the owner(s) constructs an addition or enlargement to the building if the total square footage of such an addition, when combined with the total square footage of all previous additions and enlargements to the building, exceed 6,000 square feet (557 2 m) of total floor area and when the total square footage of all such additions exceeds by more than 30 percent of the original floor area regardless of fire area, area separation walls, or fire walls. Exceptions : Open parking garages in compliance with Section 406.3 of the International Building Code. (48) In Section 903.3.5, add a second paragraph to read as follows: “Water supply as required for such systems shall be provided in conformance with the supply requirements of the respective standards; however, every fire protection system shall be designed with a 10 psi safety factor.” (48A) Section 903.3.5.1 is amended to read as follows: 903.3.5.1. Connections for Automatic Fire Sprinkler Systems. “ Automatic fire sprinkler systems in residential structures with more than 79 two individual units and all non-residential structures shall have a separate connection to the potable water supply. Installation plans for the underground supply main shall be submitted for review and approval. The underground supply main shall be installed in accordance with this code, National Fire Protection Association Standard 24, and State Fire Marshal’s Office guidelines. The size of the connection shall be reviewed and approved by the University Park Fire Department prior to installation. The water supply for two individual units and a single-family residence can be installed in accordance with Section 903.3.5.1.1 or this section. The potable water supply shall be protected against backflow in accordance with the requirements of this section and the International Plumbing Code.” (49)Section 903.3.5.1.1 is deleted. (50)Section 903.3.5.1.2 is deleted. (51)In Section 903.4, add a second paragraph after the exceptions to read as follows: “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 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering.” (52)In Section 903.6.2, add the following section: “903.6.2Fire Department Connection Attachment. All fire department connection outlets installed for the automatic sprinkler systems that are 1 ½ inches in diameter shall be installed with Iron Pipe Threading (IPT). Outlets that are 2 ½ inches in diameter shall be American National Fire Hose Connection Screw Threads (NH). When a reducer is added to a system from a 2 ½ inch to 1 ½ inch outlet, the 2 ½ inch diameter outlet must have NH screw threads and the 1 ½ inch diameter outlet shall have IPT threading.” (53)In Section 905.3.2, delete exceptions 1 and 2. (54)In Section 905.4, item 5 is changed to read as follows: “5. Where the roof has a slope less than four units vertical in 12 units horizontal (33.3 percent slope), each standpipe shall be provided with a two-way hose connection located either on the roof or at the highest landing of a stairway with stair access to the roof. An additional hose 80 connection shall be provided at the top of the most hydraulically remote standpipe for testing purposes.” (55) In Section 905.9, add a second paragraph after the exceptions to read as follows: “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 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering.” (56) Add Section 907.1.3 to read as follows: “907.1.3 Design Standards. All alarm systems new or replacement serving 20 or more alarm actuating devices shall be addressable fire detection systems. Alarm systems serving more than 40 smoke detectors or more than 100 total alarm activating devices shall be analog intelligent addressable fire detection systems. Exception: Existing systems need not comply unless the total building remodel or expansion initiated after the effective date of this code, as adopted, exceeds 30% of the building. When cumulative building remodel or expansion exceeds 50% of the building, the existing system must comply within 18 months of permit application.” (57) Section 907.2.3 is changed to read as follows: 907.2.3 Group E. “ A manual fire alarm system shall be installed in Group E educational occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be connected to the building fire alarm system. An approved smoke detection system shall be installed in Group E day care occupancies. Unless separated by a minimum of 100 feet open space, all buildings, whether portable buildings or the main building, will be considered one building for alarm occupant load consideration and interconnection of alarm systems.” (58) Exception 1 of Section 907.2.3 is changed and exception 1.1 is added to read as follows: “1.Group E educational and day care occupancies with an occupant load of less than 50 when provided with an approved automatic sprinkler system. 81 1.1. Residential In-Home day care with not more than 12 children may use interconnected single station detectors in all habitable rooms. (For care of more than five children 2 1/2 or less years of age, see Section 907.2.6.)” 907.2.12 High-rise buildings (59) “. Buildings having floors used for human occupancy located more than 55 feet (16,764 mm) above the lowest level of fire department vehicle access shall be provided with an automatic fire alarm system and an emergency voice/alarm communications system in accordance with Section 907.2.12.2. (60) In Section 907.2.12, exception 3 is changed to read as follows: “3. Buildings with an occupancy in Group A-5 in accordance with section 303.1 of the International Building Code, when used for open air seating; however, this exception does not apply to accessory uses including but not limited to sky boxes, restaurants and similarly enclosed areas.” (61) The beginning paragraph of Section 907.2.12.2 is changed to read as follows: 907.2.12.2. Emergency voice/alarm communication system. “ The operation of any automatic fire detector, sprinkler, water-flow device or manual fire alarm box shall automatically sound an alert tone followed by voice instructions giving approved information and directions on a general or selective basis to the following terminal areas on a minimum of the alarming floor, the floor above, and the floor below in accordance with the building's fire safety and evacuation plans required by Section 404.” (62) In Section 907.4, add a second paragraph to read as follows: “Manual alarm actuating devices shall be an approved double action type.” (63) Add Section 907.6.1 to read as follows: “907.6.1 Installation. All fire alarm systems shall be installed in such a manner that the failure of any single alarm-actuating or alarm-indicating device will not interfere with the normal operation of any other such devices. All systems shall be Class "A" wired with a minimum of six feet separation between supply and return circuit conductors. IDC – Class “A” Style D; SLC - Class “A” Style 6; NAC - Class “B” Style Y. The IDC from an addressable device used to monitor the status of a suppression system may be wired Class B, Style B provided the distance from the addressable device is within 10 feet of the suppression system device.” 82 (64) Section 907.9.2 is changed to read as follows: “907.9.2 High-rise buildings. In buildings that have floors located more than 55 feet (16,764 mm) above the lowest level of fire department vehicle access, a separate zone by floor shall be provided for all of the following types of alarm-initiating devices where provided: 1. Smoke detectors 2. Sprinkler water-flow devices 3. Manual fire alarm boxes 4. Other approved types of automatic fire detection devices or suppression systems.” (65) In Section 913.1, add a paragraph to read as follows: “When located on the ground level, the fire pump room shall be provided with an exterior fire department access door that is not less than 3 ft. in width and 6 feet 8 inches in height, regardless of any interior doors that are provided. A key box shall be provided at this door, as required by Section 506.1.” (66) In Section 913.4, add a second paragraph to read as follows: “The fire-pump system shall also be supervised for "loss of power," "phase reversal" and "pump running" conditions by supervisory signal on distinct circuits.” (67) Section 1020.1.7 is amended to read as follows: “1020.1.7 Smokeproof enclosures. In buildings required to comply with Section 403 or 405 of the IBC, each of the exits of a building that serves stories where any floor surface is located more than 55 feet (16764 mm) above the lowest level of fire department vehicle access or more than 30 feet (9144 mm) below the level of exit discharge serving such floor levels shall be smoke proof enclosure or pressurized stairway in accordance with Section 909.20.” (68) Section 1504.4 is amended to read as follows: “1504.4 Fire Protection. New and existing spray booths and spray rooms shall be protected by an approved automatic fire-extinguishing system complying with Chapter 9. Protection shall also extend to exhaust plenums, exhaust ducts and both sides of dry filters when such filters are 83 used.” (69) Section 2416.1 is changed to read as follows: “2404.2 Standby personnel/Crowd managers. When, in the opinion of the code official, it is essential for public safety in a place of assembly or any other place where people congregate, because of the number of persons, or the nature of the performance, exhibition, display, contest or activity, the owner, agent or lessee shall employ standby personnel, to remain on duty during the times such places are open to the public, or when such activity is being conducted. Before each performance or the start of such activity, and during the time such place is open to the public or such activity is being conducted, standby personnel shall keep diligent watch for fires and take prompt measures as directed by the Fire Chief. Such duties may include, but not be limited to, extinguishment of fires that occur and assistance in the evacuation of the public from the structure. There shall be trained crowd managers or crowd manager supervisors at a ratio of one crowd manager/supervisor for every 250 occupants, as approved.” (70) Section 2604.2.6 shall be amended to read as follows: “2604.2.6Fire Protection. A minimum of a 2-A, 20-B:C-rated fire extinguisher complying with Section 906 or a charged water hose equipped with a nozzle shall be readily accessible within 30 feet (9144 mm) where hot work is being performed.” (71)Section 2703.1.5 shall be added to read as follows: “Hazardous Materials Storage is prohibited in residential occupancies. Exception. Quantities are permitted for the maintenance of pertinent equipment of systems for such uses and shall be in accordance with Chapter 27.” (72) Section 3301.1.3 is changed to read as follows: “3301.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks are prohibited. Exceptions: 84 1. Only when approved for fireworks displays, storage and handling of fireworks as provided in Section 3304 and 3308. 2. The use of fireworks for approved display as permitted in Section 3308.” 73) Amend Section 3302 to change the definition of “fireworks” to read as ( follows: “FIREWORKS. Any composition or device for the purpose of producing a visible or an audible effect for entertainment purposes by combustion, deflagration, detonation, and/or activated by ignition with a match or other heat producing device that meets the definition of 1.4G fireworks or 1.3G fireworks as set forth herein.” (74) Add Section 3308.12 to read as follows: “Section 3308.12 Ignition. Aerial shells shall be ignited by lighting the tips of fuses by an electrical ignition source except when manual ignition is approved by the Fire Marshal. Operators shall not place any part of their bodies over the throat of the mortar.” (75) Amend Section 3308.5.3 by the addition of the following section: “Marking of Shell. Each aerial shell shall have printed directly on its outer casing the following minimum warning 1/8-inch high letters, which contrast to the background: WARNING EXPLOSIVES CLASS "1.4G or 1.3G" FIREWORK DO NOT HANDLE- CALL "911" (76) In Section 3403.6, add a sentence to read as follows: “An approved method of secondary containment shall be provided for underground tank and piping systems.” (77) Section 3404.2.9.5.1 shall be amended to read as follows: “Locations where Aboveground Tanks are prohibited. Storage of Class I and II liquids in aboveground tanks outside of buildings is prohibited within the limits established by law as the limits of the districts in which such storage is prohibited. The storage of flammable or combustible liquids in aboveground tanks is prohibited in residential areas.” (78) In Section 3404.2.11.5, add a sentence to read as follows: 85 “An approved method of secondary containment shall be provided for underground tank and piping systems.” (79) Section 3404.2.11.5.2 is changed to read as follows: “3404.2.11.5.2 Leak detection. Underground storage tank systems shall be provided with an approved method of leak detection from any component of the system that is designed and installed in accordance with NFPA 30 and as specified in Section 3404.2.11.5.3.” (80) Section 3404.3.8 shall be amended to read as follows: “Liquid storage warehouses. General. The storage of flammable liquids in Liquid Storage Warehouses is prohibited.” (81) Section 3406.5.4 shall be amended to read as follows: “3406.5.4 Dispensing from tank vehicles and tank cars. Dispensing from tank vehicles and tank cars into the fuel tanks of motor vehicles is prohibited within the city limits.” (82) Section 3406.5.4.5 is deleted. (83) Section 3801.1 shall be amended to read as follows: “3801.1 Scope. Storage, handling and transportation of liquefied petroleum gas (LP-gas) and the installation of LP-gas equipment pertinent to systems for such uses shall comply with this chapter, NFPA 58, and subject to the approval of the Chief. Properties of LP-gases shall be determined in accordance with the Appendix B of NFPA 58.” (84) Add Section 3803.2.1.8 to read as follows: “3803.2.1.8 Jewelry Repair, Dental Labs and Similar Occupancies. Where natural gas service is not available, portable LP-Gas containers are allowed to be used to supply approved torch assemblies or similar appliances. Such containers shall not exceed 20-pound (9.0 kg) water capacity. Aggregate capacity shall not exceed 60-pound (27.2 kg) water capacity. Each device shall be separated from other containers by a distance of not less than 20 feet.” (85) Amend Chapter 45 Referenced Standards for NFPA listed below to the following standards: “Amend 10-02 to Standard Reference Number 10, 2007 Edition, Portable Fire Extinguishers……………..Table 901.6.1, 906.2, 906.3, Table 906.3(1), Table 906.3(2), 2106.3 86 Amend 13-02 to Standard Reference Number 13, 2007 Edition, Installation of Sprinkler Systems……………Table 704.1, 903.3.1.1, 903.3.2, 903.3.5.1.1, 903.3.5.2, 904.11, 905.3.4, 907.9, 2301.1, 2304.2, Table 2306.2, 2306.9, 2307.2, 2307.2.1, 2308.2.2, 2308.2.2.1, 2310.1, 2501.1, 2804.1, 2806.5.7, 3404.3.3.9, Table 3404.3.6.3(7), 3404.3.7.5.1, 3404.3.8.4 Amend 13D-02 to Standard Reference Number 13D, 2007 Edition, Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes…………..903.3.1.3, 903.3.5.1.1 Amend 13R-02 to Standard Reference Number 13R, 2007 Edition, Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height……………903.3.1.2, 903.3.5.1.1, 903.3.5.1.2, 903.4 Amend 14-03 to Standard Reference Number 14, 2007 Edition, Installation of Standpipe and Hose Systems…………..905.2, 905.3.4, 905.4.2, 905.8 Amend 20-03 to Standard Reference Number 20, 2007 Edition, Standard for the Installation of Stationary Pumps for Fire Protection……………..913.1, 913.2, 913.5.1 Amend 33-03 to Standard Reference Number 33, 2007 Edition, Spray Application Using Flammable or Combustible Liquids…………………………………………..1504.3.2 Amend 72-03 to Standard Reference Number 72, 2007 Edition, National Fire Alarm Code …………………….509.1, Table 901.6.1, 903.4.1, 904.3.5, 907.2, 907.2.1.1, 907.2.10, 907.2.10.4, 907.2.11.2, 907.2.11.3, 907.2.12.2.3, 907.2.12.3, 907.3, 907.5, 907.6, 907.10.2, 907.11, 907.15, 907.17, 907.18, 907.20, 907.20.2, 907.20.5 Amend 1123-00 to Standard Reference Number 1123, Fireworks Display, 2006 Edition, 3302.1, 3304.2, 3308.1, 3308.2.2, 3308.5, 3308.6 Amend 1126—01 to Standard Reference Number 1126, 2006 Edition, Standard for the Use of Pyrotechnics Before a Proximate Audience………………………3304.2, 3305.1, 3308.1, 3308.2.2, 3308.4, 3308.5 Sec. 5.104 Appeals Whenever the Fire Marshal disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Marshal to the city council, sitting as a board of appeals, within thirty days after such decision date, or within the time allowed by a specific section of the code, whichever is applicable. Any provision of the code establishing a board of appeals or fire code appeal board shall be revised and amended to read "City Council." 87 Sec. 5.105 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 now 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. (Revised Code of Ordinances, 1981, Chapter 5, Section 1I) Sec. 5.106 Penalties (a) Any person who shall violate any of the provisions of this Code or Standards hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made 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 as provided for in the general penalty provision found in Section 109.3 of this code. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense. (b) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.” SECTION 7 . That all ordinances of the City of University Park in conflict with the provisions of this ordinance are hereby repealed. SECTION 8. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance or the Code of Ordinances, as amended hereby, be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole 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 9. 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 88 and, upon conviction in the municipal court of the City of University Park, shall be fined in an amount not to exceed the sum of two thousand dollars ($2,000.00) for each offense. SECTION 10. That this ordinance shall take effect immediately from and after its passage, and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of April 2007. APPROVED: ____________________________________ JAMES H. HOLMES III, MAYOR ATTEST: ____________________________________ NINA WILSON, CITY SECRETARY APPROVED AS TO FORM: _______________________________ CITY ATTORNEY (RLD/15019) 89 ORDINANCE NO. __________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING CHAPTER 3, ARTICLE 3.100 TO ADOPT THE INTERNATIONAL BUILDING CODE, 2006 EDITION, THE INTERNATIONAL RESIDENTIAL CODE FOR ONE AND TWO FAMILY DWELLINGS, 2006 EDITION, AND THE INTERNATIONAL ENERGY CONSERVATION CODE, 2006 EDITION; AMENDING CHAPTER 3, ARTICLE 3.1000 , TO ADOPT THE NATIONAL ELECTRIC CODE, 2005; AMENDING CHAPTER 3, ARTICLE 3.1100, TO ADOPT THE INTERNATIONAL MECHANICAL CODE, 2006 EDITION; AMENDING CHAPTER 3, ARTICLE 3.1200, TO ADOPT THE INTERNATIONAL PLUMBING CODE, 2006 EDITION; ADDING ARTICLE 3.1250 ADOPTING THE INTERNATIONAL FUEL GAS CODE, 2006 EDITION; AMENDING CHAPTER 5, ARTICLE 5.100, TO ADOPT THE INTERNATIONAL FIRE CODE, 2006 EDITION, WITH AMENDMENTS; 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. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of April, 2006 APPROVED: ____________________________________ MAYOR ATTEST: ____________________________________ CITY SECRETARY A: EXAMPLES OF CHANGES IN THE 2006 INTERNATIONAL BUILDING CODE 1.Change 404.1, 404.4 Smoke Control A smoke control is not required for atriums that connect only two stories. 2.Change 406.14 Doors between a house and the garage. Doors shall be self closing and self latching. 3.Change 505.2 Maximum Floor area of Mezzanines Mezzanines areas are increased to half the floor area in lieu of the old 1/3 area of the floor. 4.Change 508.33 Separated Occupancies Better clarifies area separation and allowable area within the same building 5.Change 508.33 Required separation of Occupancies Fire rated wall separations are updated to reflect the accumulation fuel loading or fire loading. 6.Change 706.7 Maximum sizes of openings permitted in fire barrier walls. Openings permitted in fire barrier wall shall now be allowed a 156 square feet in lieu of the current 120 square feet. 7. Change 707.14.1 Elevator Lobbies An enclosed elevator lobby shall be provided at each floor when an elevator shaft enclosure connects more than three stories in order to reduce the possibility of smoke to travel from the floor of origin to any other floor of the building by way of the elevator shaft. 8. Change 715.4.3 Door Assemblies in Corridors Reflects the current update of new fire door standards that reduces the amount of air leakage from the room of fire origin. 9. Change Table 1004.1.1 Occupant Load Determination for Day Care centers Day care will be calculated on a density factor of 35 square feet. 10. Change 1004.7 Occupant Load Determination Occupant load for areas in which fixed seating is not installed such as waiting spaces and wheelchair spaces shall be in accordance with section 1004.1.1 and added to the number of fixed seating. In the past this was always a decision of the plan reviewer to determine if these areas should be considered occupied of not. 1 B: EXAMPLES OF CHANGES IN THE 2006 INTERNATIONAL RESIDENTIAL CODE 1. Change Sec R310.1 Emergency Escape and Rescue Openings in Dwelling Units. Emergency escape and rescue openings are required, however the exception that basement used only to house mechanical equipment and not to exceed 200 square feet. 2. Change Sec R310.1.4 Operation of Emergency Escape Operation of emergency escape must be removable from the inside without the use of a key, tool, special knowledge or force greater than which is required for normal operation. 3. Change R311.5.4 Landings Landings shall be a floor or landing at the top and bottom of each stairway with the exception that a floor or landing is not required at the top of an interior flight of stairs including stairs in an enclosed garage. To clarify that in garages a landing is not required at the top of the stairway. 4. Change R506.2.4 Reinforcement Support Where provided in slabs on grade the reinforcement shall be supported on chairs in order to remain in place from the center to the upper one-third of the slab. This prohibits the practice of workers pulling up the steel as they pour. 5. Change 602.11.1 Wall Damage The plate washer thickness has been changed from ¼ removals to a .229 actual thickness this has been reduced but shows that it will still do the job. 6. Change 613.2 Window Seals In dwelling units where the opening of an operable window is located more than 72” above finished grade the lowest part under shall be 24” above the finished floor. Note: to keep children from falling out of windows. 7. Change 702.4.2 Change to prohibit green board. This prohibits the use of gypsum green boards in areas behind shower and tub walls. 8. Change 802.3.1 Ceiling Joists and Rafter Connections Rafter tails must be connected with approved connectors when the rafter tail and ceiling joists do not line up with each other. 9. Change R404.5 Retaining Walls Not laterally supported at the top and that retain in excess of 24” of the unbalance fill shall be designed to ensure stability against overturning. (The 2003 code had no specific provision for retaining walls.) 2 10. Change R502.13 Fire blocking required Fire blocking shall be provided in accordance with section R602.8 There is no criteria for fireblocking for floor and floor ceiling assemblies. C: EXAMPLES OF CHANGES IN THE 2005 NATIONAL ELECTRIC CODE 1. 240.20 (B) Circuit Breakers as Overcurrent Devices. Circuit breakers shall open all ungrounded conductors of the circuit both manually and automatically unless otherwise permitted in 240.20(B) (1), (2), and (B)(3). 2. 230.40 Number of Service Entrance Conductor Sets. Each service drop or lateral shall supply only one set of service entrance- conductors. Exception 1. A building shall be permitted to have one set of service-entrance conductors for each service, as defined in 230.2, run to each occupancy or group of occupancies. 3. 225.22 Raceways on exterior surfaces of buildings or other structures. Raceways on exteriors of buildings or other structures shall be arranged to drain and shall be raintight in wet locations. Exception: Flexible metal conduit, where permitted in 348.12(1), shall not be required to be raintight. 4. 225.16 Attachment to Buildings. (A) Point of Attachment. The point of attachment to a building shall be in accordance with 230.27. 225.17 Masts as Supports Where a mast is used for the support of final spans of feeders or branch circuits, it shall be of adequate strength or be supported by braces or guys to withstand safety the strain imposed by the overhead drop. Where raceway-type masts are used, all raceway fittings shall be identified for use with masts. Only the feeder or branch circuit conductors specified within this section shall be permitted to be attached to the feeder or branch-circuit mast. 5. 210.52(E) Outdoor Outlets For a one-family dwelling and each unit of a two-family dwelling that is at grade level, at least one receptacle outlet accessible at grade level and not more than 2.0 m (6 1/2 ft) above grade shall be installed at the front and back of the dwelling. For each dwelling unit of a multifamily dwelling where the dwelling unit is located at grade level and provided with individual exterior entrance/egress, at least one receptacle outlet accessible from grade level and not more that 2.0 m (6 1/2ft) above grade shall be installed. See 210.8(A) (3). 3 6. 250.68(A) Accessibility The connection of a grounding electrode conductor or bonding jumper to a grounding electrode shall be accessible. 7. 300.4(A) Cables and Raceways Through Wood Members. (2) Notches in Wood. Where there is no objection because of weakening the building structure, in both exposed and concealed locations, cables or raceways shall be permitted to be laid in notches in wood studs, joists, rafters, or other wood members where the cable or raceway at those points is protected against nails or screws by a steel plate at least 1.6 m (1 /16 in.) thick, and of appropriate length and width, installed to cover the area of the wiring. The steel plate shall be installed before the building finish is installed. 8. 410.110 Listing of Decorative Lighting Decorative lighting and similar accessories used for holiday lighting and similar purposes. In accordance with 590.3(B), shall be listed. 9. 422.18 Support of Ceiling-Suspended (Paddle) Fans Ceiling-suspended (paddle) fans shall be supported independently of an outlet box or by listed outlet box or outlet box system identified for the use and installed in accordance with 314.27(D). 10. 410.4(D) Bathtub and Shower Areas No parts of cord-connected luminaries (fixtures), chain-,cable-,or cord- suspended-luminaries (fixtures), lighting track, pendants, or ceiling- suspended (paddle) fans shall be located within a zone measured 900 mm (3 ft) horizontally and 2.5 m (8 ft) vertically from the top of the bathtub rim or shower stall threshold. The zone is all encompassing and includes the zone directly over the tub or shower stall. Luminaries (lighting fixtures) located in this zone shall be listed for damp locations, or listed for wet locations where subject to shower spray. D: EXAMPLES OF CHANGES IN THE 2006 INTERNATIONAL MECHANICAL CODE 1. The IMC has always required guards on the service sides of mechanical equipment in elevated locations. Section 304.10 will now require that guards be installed adjacent to roof hatch openings that are closer than 10 feet to an open side that is more than 30 inches above a floor, roof, or grade level. 2. The new Exception 2 to Section 306.3 in the 2006 will allow for an extended travel distance to appliances in attics. The distance may now extend up to 50 4 feet, measured along the center line of the passageway, provided the attic is not less that 6 feet high and 22 inches wide for its entire length. 3. The new Exception 2 to Section 306.4 in the 2006 IMC will allow for an extended travel distance to appliances in underfloor areas. The length will now be unlimited, provided the underfloor space is not less that 6 feet high and 22 inches wide for its entire extent. 4. The new Item 4 to Section 307.2.3 in the 2006 IMC will allow for water level detectors to be used at the primary drain line, at the overflow drain line, or in the equipment-supplied drain pan. The water level detector may be used in lieu of a separate overflow drain line. 5. The modification to section 506.3.4 will allow the velocity in a grease duct system to be not less that 500 feet per minute. This has been reduced from 1500 feet per minute in the previous codes. This change was based on a recent American Society of Heating, Refrigeration, and Air-Conditioning Engineers (ASHRAE) research project (RP-1033) and will keep the IMC current with the National Fire Protection Association (NFPA) 96 Standard. 6. The IMC has required that when a hazardous exhaust duct penetrates a rated floor/ceiling assembly or a fire resistance rated wall assembly, the duct shall be enclosed in a shaft or fire rated construction from the point of penetration to the outlet terminal. The new section 510.6.1 clarifies that when this is done, fire dampers are not required at these duct penetrations. 7. Section 603.9 now clarifies how longitudinal and transverse seams and connections in duct systems are to be sealed. The code specifies that duct systems shall be sealed with welds, gaskets, mastics, mastic-plus-embedded- fabric systems, or tapes. Tapes and Mastics used with UL-listed flex ducts are required to be marked on the product so that the installer and inspector know that this particular tape or mastic complies with the appropriate UL standards. 8. Section 301.4 Listed and Labeled. Appliances regulated by this code shall be listed and labeled for the application in which they are installed and used, unless otherwise approved in accordance with section 105. I t is the responsibility of the architect, the code official, and the installer, of a listed product to read the manufactures installation instructions and be familiar with the particulars of that product. 9. The new Section 304.3.1 in the 2006 IMC will allow a fuel-fired appliance to be installed at the grade level of a parking garage if it is located in a room with a vestibule and two doors. 5 10. Section 401.4.1 in the 2006 IMC will allow an exhaust outlet from a bathroom or kitchen in a residential dwelling to terminate closer than 10 feet horizontally or 2 feet below a mechanical or gravity outdoor air-intake opening. E: EXAMPLES OF CHANGES TO THE 2006 INTERNATIONAL PLUMBING CODE Section 202 1.Definition to clarify the code use of the term approve. Acceptable to the code official or other authority having jurisdiction. 2.Definition has been added to define the device that is used on grease interceptors, formerly called grease traps. A device installed upstream from the interceptor having an orifice that controls the rate of flow though the interceptor and the air intake (vent) downstream from the orifice which allows air to be drawn into the flow stream. Section 403.23 1.Separate facilities shall not be required for dwelling units and sleeping units. Simplifies provision that employee and public restrooms can be combined. 2.Separate facilities shall not be required in structures or tenant spaces with total occupant load of 15. 3.Separate facilities shall not be required in mercantile occupancies in which maximum occupant load is 50 or less. Section 408.3 1.Bidet Water Temperature The discharge water temperature from a bidet fitting shall be limited to a maximum temperature of 110 degrees Fahrenheit by a water temperature limiting device conforming to ASSE 1070. Section 412.2 1.Floor drains shall have removable strainers and shall be constructed so that the drain is capable of being cleaned. Access shall be provided to the drain inlet. Section 417.4.2 1.The shower compartment access and egress openings shall be a minimum clear and unobstructed finished width of 22” and shall comply with section 404.1 Section 424.2 Hand held showers shall conform to ASME A112.18.1 or CSAB125.1 Hand held showers shall provide backflow protection in accordance with ASME 112.18. 6 1.The water supply connection to coffee machines and noncarbonated beverage dispensers shall be protected against backflow by a backflow preventer conforming to ASSE 1022 or by an air gap. Section 1003.3.5 Automatic Grease Removal Devices---- Section added to clarify where grease removal devices shall be used. 1.Where automatic grease removal devices are installed, such devices shall be located downstream of each fixture or multiple fixtures in accordance to manufacturers instructions. The automatic grease removal device shall be sized to pre-treat the measured or calculated flows for all connected fixtures and equipment. Ready access shall be provided for inspection and maintenance. Section 1003.6 1. Laundry facilities not installed within an individual dwelling unit or intended for individual family use shall be equipped with an interceptor with a wire basket or similar device, removable for cleaning, that prevents passage into the drainage systems of solid 0.5” (12.77m) or larger in size, string, rags, buttons, or other materials detrimental to the public sewage system. F: EXAMPLES OF CHANGES IN THE 2006 INERNATIONAL FUEL GAS CODE 1. Connector Chimney or Vent- The pipe that connects an appliance to a chimney or vent. (202) 2. Connector, Appliance (fuel) rigid metallic pipe and fittings, semi rigid metallic tubing and fittings or a listed and labeled device that connects an appliance to the gas piping system. 3. Appliances regulated by this code shall be listed and labeled for the application in which they are used, unless otherwise approved in accordance with Section 105. The approval of unlisted appliances in accordance with section 105 shall be based upon approved engineering evaluation. 4. Conversion of an appliance to a different fuel type now requires that complete instructions for conversion must be provided by the serving gas supplier or the appliance manufacturer and must be included in the installation instructions. 5. Protection from vehicle impact damage. Appliances shall not be installed in a location subject to vehicle impact damage except where protected by an approved means. 7 6. Parking Garages Connection of a parking garage with any room in which there is a fuel fired appliance shall be by means of a vestibule providing a two doorway separation, except that a single door is permitted where the source of ignition in the appliance are elevated in accordance with section 305.3. 7. Auxiliary Drain Pan- 307.5 Category IV condensing appliances shall be provided with an auxiliary drain pan where damage to any building component will occur as a result of stoppage in the condensate drainage system. Such pan shall be installed in accordance with the applicable provisions of section 307 of the IMC. 8. Prohibited Locations 404.1 Piping shall not be installed in or through a circulating air duct, clothes chute, chimney or gas vent, ventilating duct, and dumbwaiter or elevator shaft. Piping installed downstream of the point of delivery shall not extend through any townhouse unit other than the unit served by such piping. 9. 502.7 Protection against Physical Damage in concealed locations where a vent is installed through holes or notches in studs, joists, rafters or similar members less than 1.5” from the nearest edge of the member, the vent shall be protected by shield plates. Shield plates must be a minimum of 1/16” thick steel shall cover the area of the vent where the member is notched or bored, and shall extend a minimum 4” above sole plates, below top plates and to each side of a stud, joist, or rafter. 10. 505.1.1 Commercial Cooking Appliances Vented by Exhaust Hoods. Where commercial cooking appliances are vented by means of the Type I or Type II kitchen exhaust hood system that serves such appliances, the exhaust system shall be fan powered and the appliances shall be interlocked with the exhaust hood system to prevent appliance operation when the exhaust hood system is not operating. Where a solenoid valve is installed in the gas piping as part of an interlock system, gas piping shall not be installed to bypass such valve. Dampers shall not be installed in the exhaust system. 8 AGENDA MEMO (04/03/2007 AGENDA) DATE: April 3, 2007 TO: Honorable Mayor and City Council FROM: Harry Persaud, MRTPI, AICP, Community Development Manager SUBJECT: Consideration of a resolution appointing the Zoning Board of Adjustment to act as the Board of Appeals for by the International Codes and National Electric Code adopted by the City. Background/Analysis: The International Building Codes and the National Electric Codes as adopted by the City provides for an appeal process through which an aggrieved party may appeal an order, decision or determination of the Community Development Manager. An aggrieved party may not appeal a code requirement per se. The intent of the appeal process in not to waive or set aside a code requirement, rather it is intended to provide a means of reviewing a decision on the interpretation or application of the code or to review the equivalency of protection to the code requirements. The Zoning Board of Adjustment may require for its public hearing the expertise, testimony and opinion of a recognized qualified professional other than the involved administrative official to assist it with regard to interpretations of such Codes in order to resolve an appeal before it. Recommendation Staff recommends approval. Attachments: Resolution RESOLUTION NO. _________________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, APPOINTING THE ZONING BOARD OF ADJUSTMENT TO ACT AS THE BOARD OF APPEALS PROVIDED FOR BY THE INTERNATIONAL CODES AND THE NATIONAL ELECTRIC CODES ADOPTED BY THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has enacted an Ordinance adopting the 2006 editions of the International Building Code, the International Residential Code for One and Two Family Dwellings, the International Energy Conservation Code, the International Mechanical Code, the International Plumbing Code, the International Fuel Gas Code, the International Fire Code, and has adopted the 2005 edition of the National Electrical Code; and WHEREAS, the Zoning Board of Adjustment is suitable in most instances to serve as the NOW THEREFORE; Board of Appeals provided for under each of such Codes; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Zoning Board of Adjustment is hereby appointed to act as the Board of Appeals as required and constituted by the 2006 editions of the International Building Code, the International Residential Code for One and Two Family Dwellings, the International Energy Conservation Code, the International Mechanical Code, the International Plumbing Code, the International Fuel Gas Code, and the International Fire Code, and by the 2005 edition of the National Electrical Code. SECTION 2. To the extent any case appealed requires it, the Zoning Board of Adjustment may require for its public hearing the expertise, testimony and opinion of a recognized qualified professional other than the involved administrative official to assist it with regard to interpretations of such Codes in order to resolve an appeal before it. SECTION 3. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. Duly passed and approved by the City Council of the City of University Park, Texas, on rd the 3 day of April 2007. APPROVED: __________________________________ JAMES H. HOLMES III, MAYOR APPROVED AS TO FORM: ATTEST: ____________________________ __________________________________ CITY ATTORNEY NINA WILSON, CITY SECRETARY (RLD/3-15-07)(RESO15012) AGENDA MEMO (04/03/2007 AGENDA) DATE: March 28, 2007 TO: Honorable Mayor and City Council City Manager FROM: Kent Austin, Director of Finance SUBJECT: Budget amendment ITEM: The April 3, 2007, City Council agenda includes an ordinance that would amend the FY2007 General Fund revenue and expenditure budgets for a variety of special items Revenue The General Fund revenue budget will be increased $152,885 for the following three items: 1.Wireless E9-1-1 revenue ($145,000) – this item is a reclassification of funds set aside in a special reserve account. The City receives about $7,000 each month via a remittance from the State of Texas. The money can only be used for wireless 9-1-1 projects. Amending the budget to reclassify this money as revenue will allow the City to use the funds for 9-1-1 related costs in the Peek Center temporary police station/EOC project. 2.Other revenue ($6,855) – this item represents grant money awarded to the City by the Firemen’s Fund Heritage Rewards Grant program. A like amount will be added to the Fire Department’s “firefighting equipment-light” expenditure account. 3.Other revenue ($1,000) – this item represents a donation from the McGhee Foundation to the UP Police Department. Expenditures – Building and Engineering With the exception of item number 3, the following items have already been approved by the City Council: 1.Professional Services, Building ($70,000) – comprehensive zoning review and minimum architectural standards project. 2.Professional services, Engineering ($125,000) – traffic impact analysis for Chase Bank area, $50,000; legal fees allowance for TXU transmission line appeal, $50,000; UP/HP sanitary sewer study, $25,000. 3.Travel expense, Engineering ($1,700) – additional expenses from travel to Austin for TXU transmission line project Expenditures – Executive Items two and three were approved by the City Council at the March 6, 2007, meeting. The first item amends the budget to permit the transfer of money to the Friends of the Library. The $29,568 transfer is comprised of money donated to the City in the 1980s for a library, plus earned interest. 1.Professional services ($29,568) – transfer to Friends of the Library for the Park Cities for library services 2.Dues and subscriptions ($4,744) – ten cents per capita membership fees for TXU Cities Steering Committee and Atmos Gas Cities Steering Committee Expenditures – Finance Historically, the City has split the cost of the biannual actuarial valuation study with the Firefighters’ Relief and Retirement Fund (FRRF). The proposed $10,000 represents half of the 12/31/2004 study. Going forward, the FRRF will pay the full cost. Expenditures – Fire A memo from Fire Chief David Ledbetter is attached that describes the $23,638 request. Expenditures – Parks and Pool Three memos from Parks Director Gerry Bradley are attached describing the $70,000 request. Expenditures – Police A memo from Police Chief Gary Adams is attached regarding proposed use of the $1,000 donation from the McGhee Foundation. Expenditures – Transfers Staff proposes to use the $145,000 from the Wireless E9-1-1 reserve for the Peek Center temporary police station/EOC project. This amount is offset by the reclassification of available funds described above. Impact on budget and financial position The proposed budget amendment will reduce the General Fund unreserved fund balance by $327,765. This is typical of budget amendments and can be accommodated by positive fund balances. At the end of February 2007, the General Fund unreserved fund balance totaled $20,583,436 (this is the high point for the fiscal year due to receipt of property tax revenues; fund balance at the end of FY2006 totaled $11,179,646).. RECOMMENDATION: City staff recommends approval of the attached ordinance. ATTACHMENTS: ?Exhibit from Ordinance and table displaying budget amendment impact ?Memo from Fire Chief David Ledbetter ?Memos from Parks Director Gerry Bradley ?Memo from Police Chief Gary Adams ?Ordinance with Exhibit EXHIBIT "A" CITY OF UNIVERSITY PARK, TEXAS FY2007 BUDGET AMENDMENT NO. 2 04/03/2007 AmountDept.Account titleAccount no.Item description $ 145,000RevenueGeneral Fund - Wireless 9-1-101-11-3410Reclass wireless 9-1-1 reserve to revenue $ 6,885RevenueGeneral Fund - Other Revenue01-11-3999Firemen's Fund Heritage Rewards Grant to UPFD $ 1,000RevenueGeneral Fund - Other Revenue01-11-3999McGhee Foundation donation to UPPD $ 152,885Total revenue amendments $ 70,000BuildingProfessional Services01-19-3060Minimum architectural/building standards study $ 70,000 $ 50,000EnggProfessional Services01-20-3060Traffic impact analysis for Chase Bank area $ 50,000EnggProfessional Services01-20-3060Legal fees allowance - TXU transmission line project $ 25,000EnggProfessional Services01-02-3060UP/HP sanitary sewer study $ 1,700EnggTravel Expense01-20-7170Travel expenses - TXU transmission line project $ 126,700 $ 29,568ExecProfessional Services01-02-3060Transfer library account money to UP FOL $ 2,372ExecDues & Subscriptions01-02-7150TXU Cities Steering Committee membership fee $ 2,372ExecDues & Subscriptions01-02-7150Atmos Gas Cities Steering Committee membership fee $ 34,312 $ 10,000FinanceProfessional Services01-03-3060City share of FRRF 12/31/2004 actuarial valuation $ 10,000 $ 6,700FireSupplies01-40-3064CBRNE canisters (200) for MSA breathing masks $ 10,053FireFirefighting Equipment-Light01-40-9355Bullard T4 thermal imagers (2) $ 6,885FireFirefighting Equipment-Light01-40-9355Communications equipment used with SCBA $ 23,638 $ 25,000ParksContract maintenance01-70-3115Contract tree maintenance $ 30,000ParksPark improvements01-70-9900Rebuild Curtis Park pedestrian bridge $ 55,000 $ 15,000PoolProfessional Services01-75-3060Swimming pool master plan $ 15,000 $ 1,000PoliceGuns & Equipment01-50-3291Equipment purchased from McGhee donation $ 1,000 $ 145,000TransferTransfers01-85-8500Transfer to Proj. 43740, Temp PD/EOC project $ 145,000 $ 480,650Total expenditure amendments $ (327,765)Net increase/(decrease) in General Fund CITY OF UNIVERSITY PARK, TEXAS FY 2007 BUDGET WITH AMENDMENT(S) SUMMARY BY FUND AND DEPARTMENT 03/28/2007 FY2007AMENDMENTAMENDMENTAMENDMENTFY2007 NO. 2 ADOPTEDNO. 1 - ENC.NO. 1 - OTHERAMENDED BUDGET11/14/200611/14/20064/3/2007BUDGET GENERAL FUND 24,340,509 01-11 REVENUES 24,187,624 152,885 24,340,509 TOTAL GENERAL FUND REVENUES$24,187,624$0$0$152,885 EXPENDITURES 957,302 01-02 EXECUTIVE 906,784 16,206 - 34,312 1,070,625 01-03 FINANCE 1,060,625 - - 10,000 342,661 01-04 HUMAN RESOURCES 342,661 - - - 01-05 INFORMATION SERVICES 760,751 183,929 - - 944,680 272,132 01-10 COURT 272,132 - - - 839,799 01-19 BUILDING 748,204 21,595 - 70,000 1,055,574 01-20 ENGINEERING 901,974 26,900 - 126,700 933,958 01-25 TRAFFIC 849,197 84,761 - - 01-35 FACILITY MAINTENANCE 695,567 105,086 - - 800,653 4,543,847 01-40 FIRE 4,462,340 57,869 - 23,638 5,793,200 01-50 POLICE 5,730,453 61,747 - 1,000 2,672,772 01-70 PARKS 2,546,522 41,250 30,000 55,000 01-75 SWIMMING POOL 173,946 - - 15,000 188,946 01-80 STREETS 1,792,422 35,750 - - 1,828,172 3,088,871 01-85 TRANSFERS 2,943,871 - - 145,000 25,333,193 TOTAL GENERAL FUND EXPENDS. 24,187,449 635,093 30,000 480,650 DIFFERENCE$175 ($635,093)($30,000)($327,765)($992,684) UTILITY FUND 10,670,195 - 10,670,195 02-11 REVENUES - - 10,670,195 TOTAL UTILITY FUND REVENUES 10,670,195 - - - EXPENDITURES 5,987,128 - 5,987,128 02-21 UTILITY OFFICE - - 3,176,637 02-22 UTILITIES 2,975,942 200,695 - - 2,069,389 02-85 TRANSFERS 2,069,389 - - - TOTAL UTILITY FUND EXPENDS. 11,032,459 200,695 - - 11,233,154 DIFFERENCE($362,264) $ (200,695) $ - $ - $ (562,959) SANITATION FUND 04-11 REVENUES 2,660,500 - - - 2,660,500 TOTAL SANITATION FUND REVENUES$2,660,500 - 2,660,500 - - EXPENDITURES 04-60 SANITATION 2,659,860 37,609 2,697,469 - - TOTAL SANITATION FUND EXPENDS. 2,659,860 37,609 - - 2,697,469 DIFFERENCE$640($37,609)$0$0($36,969) 37,671,204 TOTAL REVENUES$37,518,319 - - 152,885 TOTAL EXPENDITURES$37,879,768 873,397 30,000 480,650 39,263,816 $ (873,397)$ (30,000)$ (327,765)$ (1,592,612) DIFFERENCE($361,449) AGENDA MEMO 04/03/07 March 27, 2007 TO: Honorable Mayor James Holmes, City Council Members and Kent Austin, Finance Director FROM: David Ledbetter, Fire Chief RE: Budget Amendment I am requesting a budget amendment to the FY2007 budget to purchase equipment currently not covered in this budget. The following amendments are requested: ? $6,885.00 for new communications equipment used in conjunction with self-contained breathing apparatus, account number 01-40-9355; ? $10,052.84 to purchase two Bullard T4 thermal imagers, account number 01-40-9355; and ? $6,700 to purchase 200 CBRNE canisters for the MSA breathing masks used in the event of a bio-terrorist event, account number 01-40-3064. The $6,885.00 request is due from a grant received by the Firemen’s Fund Insurance Company to purchase communications equipment for fire fighters used in conjunction with their self-contained breathing apparatus (SCBA). The communication equipment allows firefighters to speak through a microphone system into their portable radios rather than speaking through their breathing masks into the portable radio. Communication on the fire ground or other emergencies when firefighters have donned their SCBA will be greatly improved instead of the distorted sounds now heard. The grant money has been received by the City and should be transferred into account number 01-40-9355. Over the last two months, firefighters have conducted various field tests to determine which thermal imager will better serve the citizens of University Park. The results of our field test clearly demonstrate that the Bullard T4 Imager is the most appropriate imager for purchase. This unit is also available for purchasing on State contract (HGAC). The current budget provides $20,298.00 for the purchase of new thermal imager cameras. In order to purchase two cameras (one for Engine 451 and one for Med 451), a budget amendment of account number 01-40-9355 is necessary. The total of two cameras and necessary accessories total $30,350.84; therefore I am requesting an amendment to this account for a total of $10,052.84. The last request is to amend the budget in the amount of $6,700.00 to purchase 200 CBRNE (Chemical, Biological, Radiation, Nuclear and Explosive) canister filters to replace the 200 canisters purchased with Homeland Security grant money in 2003 and 2004. Unfortunately the canisters have a short shelf-life, and all the current canisters expire in 06/2007. These canisters are for the use of the Police Department, Fire Department, Public Works, Executive and Finance Departments, and for the Mayor and City Council Members. The canister filters are used in conjunction with the Mine Safety Appliance (MSA) masks also purchased with grant money. RECOMMENDATION: Staff is recommending the approval of the budget amendments for the Fire Department. AGENDA MEMO (4/3/2007 AGENDA) DATE: March 19, 2007 TO: Honorable Mayor and Members of the City Council FROM: Gerry Bradley, Director of Parks SUBJECT: Curtis Park Pedestrian Bridge BACKGROUND: The Curtis Park Pedestrian Bridge, which was built in the 1930’s, has become an icon within the City. The bridge is a favorite for photographers and pedestrians while foot traffic flow continues to increase with park usage. Unfortunately, the bridge has begun to show signs of advance deterioration in both the railing system and the decorative masonry stone work. Staff has hired an architect to develop construction documents to correct several visual and structural issues. The drawings have identified required ADA and Building Code guidelines while maintaining the historical appearance of the bridge. This will require the introduction of a 42 inch rail system made of cedar railing and masonry work including maintenance and additions to the column heights. In an effort to provide a safe and retain an attractive appearance of the bridge, Staff is proposing to hire a carpenter and stone mason to make necessary improvements to the bridge. RECOMMENDATION: Staff is requesting that City Council consider approval of funds in the amount of $30,000 to support necessary upgrades to the Curtis Park Bridge and comply with ADA guidelines and Building Code regulations. ATTACHMENTS: ? Bridge Existing Conditions ? Proposed Bridge Rail Design AGENDA MEMO (3/6/2007 AGENDA) DATE: March 1, 2007 TO: Honorable Mayor and Members of the City Council FROM: Gerry Bradley, Director of Parks SUBJECT: Mid Year Budget Adjustment / Tree Maintenance Contract BACKGROUND: During the last few years, the Park Department has established an aggressive project schedule in an effort to upgrade several facilities within the park system. Projects included in fiscal year 2006/07 include: additional landscape beds at Caruth Park, renovations to botanical beds at Germany Park, landscape renovations to Sis Germany Park as well as seasonal maintenance enhancements to the Curtis Park Swimming Pool. Much of the time spent to complete these projects is the direct result of contracting services to the private sector, affording the department time and resources to complete many renovation projects. Similar to our mowing contract, staff is exploring the opportunity to contract tree maintenance within our park system. Other surrounding communities including Highland Park have a contract for tree trimming and maintenance. A tree contract will allow the department to continue upgrades to facilities, while providing necessary tree maintenance to the over 3,000 trees on park property in a more timely manner. RECOMMENDATION: Staff is requesting that City Council consider approval of funds in the amount of $25,000 to establish an annual contract for tree trimming and maintenance. AGENDA MEMO (3/6/2007 AGENDA) DATE: March 1, 2007 TO: Honorable Mayor and Members of the City Council FROM: Gerry Bradley, Director of Parks SUBJECT: Pool Master Plan BACKGROUND: In 2006, state health codes changed to increase the size of the diving wells in public swimming pools. As a result, many surrounding communities had to remove their three (3) meter diving boards to remain compliant. University Park was one of the pools cited for noncompliance with the new regulations. Unfortunately, this major attraction will not be available during the 2007 pool season. In an effort to provide a safe and exciting atmosphere at the Curtis Park Pool, staff has gained support from the Parks Advisory Board to hire a consultant to look at a revised master plan to the pool. Items to be addressed in the master plan include ADA compliance, the introduction of a water slide, water splash features, shade components and potential filtration upgrades. Staff will be requesting that the master plan address a five (5) year program for potential upgrades. This program will allow staff the opportunity to phase the master plan recommendations, reducing the fiscal impact to the general fund. RECOMMENDATION: Staff is requesting that City Council consider approval of funds in the amount of $15,000 to retain a consultant to provide design services for a master plan of Curtis Park Pool. M E M O R A N D U M To: Kent Austin, Finance Director From: Gary W. Adams, Chief of Police Date: March 27, 2007 Re: The McGee Foundation Donation Please adjust line item 01-50-3291 to include the $1,000.00 donation from The McGee Foundation. The police department plans to utilize that money to modify an existing portable radio, or purchase a new portable radio, to allow direct radio communications with the Dallas Police Department for our on duty patrol supervisor. ORDINANCE NO. ______ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE 2006-2007 FISCAL YEAR BUDGET, ORDINANCE NO. 06-27, TO APPROPRIATE $327,765 FROM THE GENERAL FUND UNRESERVED FUND BALANCE BY INCREASING REVENUES $152,885 AND BY INCREASING EXPENDITURES $480,650; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of University Park has determined that it is in the public interest to amend Ordinance No. 06-27 to transfer funds from unreserved fund balance of the General Fund into specific accounts; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Ordinance No. 06-27, the 2006-2007 fiscal year budget ordinance of the City of University Park, Texas, be, and the same is hereby, amended to increase General Fund revenues by $152,885 and General Fund expenditures by $480,650, thus appropriating unreserved fund balances of $327,765 from the General Fund to the specific accounts listed on Exhibit “A” attached hereto and made part hereof for all purposes, and such expenditures are herby authorized and made a part of the 2006-07 fiscal year budget of the City. SECTION 2. This ordinance shall take effect immediately from and after its passage, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of April, 2007. APPROVED: ____________________________________ JAMES H. HOLMES, III, MAYOR APPROVED AS TO FORM: ATTEST: ________________________________ ____________________________________ CITY ATTORNEY NINA WILSON, CITY SECRETARY C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Ordinance amending FY2007 budget 04-03- 2007 (3).doc 1:40 PM 03/29/07 EXHIBIT "A" CITY OF UNIVERSITY PARK, TEXAS FY2007 BUDGET AMENDMENT NO. 2 04/03/2007 AmountDept.Account titleAccount no.Item description $ 145,000RevenueGeneral Fund - Wireless 9-1-101-11-3410Reclass wireless 9-1-1 reserve to revenue $ 6,885RevenueGeneral Fund - Other Revenue01-11-3999Firemen's Fund Heritage Rewards Grant to UPFD $ 1,000RevenueGeneral Fund - Other Revenue01-11-3999McGhee Foundation donation to UPPD $ 152,885Total revenue amendments $ 70,000BuildingProfessional Services01-19-3060Minimum architectural/building standards study $ 70,000 $ 50,000EnggProfessional Services01-20-3060Traffic impact analysis for Chase Bank area $ 50,000EnggProfessional Services01-20-3060Legal fees allowance - TXU transmission line project $ 25,000EnggProfessional Services01-02-3060UP/HP sanitary sewer study $ 1,700EnggTravel Expense01-20-7170Travel expenses - TXU transmission line project $ 126,700 $ 29,568ExecProfessional Services01-02-3060Transfer library account money to UP FOL $ 2,372ExecDues & Subscriptions01-02-7150TXU Cities Steering Committee membership fee $ 2,372ExecDues & Subscriptions01-02-7150Atmos Gas Cities Steering Committee membership fee $ 34,312 $ 10,000FinanceProfessional Services01-03-3060City share of FRRF 12/31/2004 actuarial valuation $ 10,000 $ 6,700FireSupplies01-40-3064CBRNE canisters (200) for MSA breathing masks $ 10,053FireFirefighting Equipment-Light01-40-9355Bullard T4 thermal imagers (2) $ 6,885FireFirefighting Equipment-Light01-40-9355Communications equipment used with SCBA $ 23,638 $ 25,000ParksContract maintenance01-70-3115Contract tree maintenance $ 30,000ParksPark improvements01-70-9900Rebuild Curtis Park pedestrian bridge $ 55,000 $ 15,000PoolProfessional Services01-75-3060Swimming pool master plan $ 15,000 $ 1,000PoliceGuns & Equipment01-50-3291Equipment purchased from McGhee donation $ 1,000 $ 145,000TransferTransfers01-85-8500Transfer to Proj. 43740, Temp PD/EOC project $ 145,000 $ 480,650Total expenditure amendments $ (327,765)Net increase/(decrease) in General Fund C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Ordinance amending FY2007 budget 04-03- 2007 (3).doc 1:40 PM 03/29/07 AGENDA MEMO (4/3/07 AGENDA) DATE: March 29, 2007 TO: Honorable Mayor and City Council FROM: Christine Green, Purchasing Agent & Kate Smith, Assistant to the City Manager SUBJECT: Furniture Rental for Temporary Police Department Facility and Resolution to Exempt this Lease from Competitive Bidding Statute Furniture Rental The Police Department will relocate to its temporary facility at the Peek Center on May th 5 to accommodate the construction schedule at City Hall. We have been working with Business Interiors for the rental of pre-owned, temporary furniture in the Police Department office space. Attached is the quote from Business Interiors showing the furniture rental to cost $2705 per month. With the one-time fee of $2,275 for the labor to install and remove the furniture, this adds up to $34,735 for a twelve month lease. Competitive Bidding Exemption We did not anticipate this figure at this late stage in the relocation process and are presented with a challenge in that it exceeds the state’s $25,000 competitive bidding requirement threshold. Due to the immediate need to install this furniture in time for the Police Department’s move, we consulted with the City Attorney about an emergency exemption from the state competitive bidding statute for this expenditure. He has drafted a resolution to that effect which will be available at the City Council meeting. Business Interiors has also provided a quote for the purchase of furniture that will remain permanently in the Peek Center Dispatch and Emergency Operations Center. The furniture purchase has met competitive bidding requirements in that we are buying through cooperative purchasing contracts (TXMAS and U.S. Communities). RECOMMENDATION: Staff recommends approval of the rental of temporary furniture for the Police Department Facility at the Peek Center as per the attached quotation from Business Interiors. Staff also recommends approval of the resolution exempting this expenditure from state competitive bidding statute. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 S:\CITY HALL RENOVATION\Furniture rental for Police at Peek.doc 1:53 PM 03/29 RESOLUTION NO. _________________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR THE RENTAL OF FURNITURE FOR THE TEMPORARY USE OF THE POLICE DEPARTMENT; MAKING FINDINGS EXEMPTING SUCH CONTRACT FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Police Department and dispatchers will be temporarily relocated to the Peek Service center during remodeling of the City Hall; and WHEREAS , it is necessary to the public safety operations of the Department that furniture and furnishings be acquired and used during the temporary relocation; and WHEREAS, the temporary rental of such furniture and furnishings is necessary to preserve and protect the public health and safety; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the City Council finds and determines that the above conditions exist and that it is necessary to procure by rental contract furniture and furnishings for use by the Police Department during its temporary relocation to the Peek Service Center during remodeling of the City Hall to preserve and protect the public health and safety of the citizens of the City. SECTION 2. That the City Manager is authorized and directed to execute a contract with Business Interiors for the rental of the furniture and furnishings and related appurtenances listed in Exhibit “A” attached hereto for the amount of $34,735 for twelve months. SECTION 3. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of April 2007. 15424(50825) APPROVED: __________________________________ JAMES H. HOLMES III, MAYOR APPROVED AS TO FORM: ATTEST: ___________________________________ __________________________________ CITY ATTORNEY NINA WILSON, CITY SECRETARY (RLD/3-29-07) 15424(50825)