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HomeMy WebLinkAboutOrd 357 Amending the Unified Development Code regarding Utility Duct BanksTOWN OF WESTLAKE ORDINANCE NO. 357 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING CERTAIN SECTIONS OF ARTICLES XIII, SUBDIVISIONS, AND XVI, DEFINITIONS, OF THE UNIFIED DEVELOPMENT CODE RELATING TO UTILITY DUCT BANKS; PROVIDING FOR A PENALTY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR A SAVINGS CLAUSE. WHEREAS, the provision of basic utility and telecommunication services throughout the Town of Westlake, Texas, (the "Town") are of vital importance to the health, safety and welfare of the citizens of the Town; and WHEREAS, establishing reasonable requirements for the construction, installation, and maintenance of the utility and telecommunications facilities, while protecting the Town's major investment in its rights -of -ways and easements are also of vital importance to the health, safety and welfare of the citizens of the Town; and WHEREAS, the Town desires to ensure that all reasonable efforts are taken to ensure that these vital utilities and telecommunication services are constructed, installed, maintained and housed in a manner so as to be protected from damages and disruptions that are related, in whole or in part, to ongoing construction, reconstruction, and maintenance in the public rights -of -ways, easements and other areas where these facilities are located; and WHEREAS, the Town desires to implement standards and criteria whereby these vital utility and telecommunication facilities are protected within duct banks that are designed, engineered and constructed pursuant to the Town's Engineering Standards. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That Article XIII, Subdivisions, Section 2.5.B.l.e. Preliminary Plat Layout, be amended by adding new Subsections xxii, xxiii, and xxiv, to read as follows: °`xxii. The preliminary location and size of all proposed utilities, including water, sanitary sewer, storm sewer and drainage facilities. 1 xxiii. The preliminary location and size of all proposed utilities, duct banks. xxiv. The location of all proposed public and private streets and information indicating the material and width of said streets and rights-of-way." SECTION 3: That Article XIII, Subdivisions, Section 2.6.C.7, be amended in its entirety to read as follows: "7. A Certificate of Dedication incorporating irrevocable offers of dedication to the public of all streets, public highways, public facilities, parks and other land intended for public use, signed by the owner or owners and by all other parties who have a mortgage or lien interest in the property. The Certificate of Dedication shall incorporate the standard easement language of the Town of Westlake as jointly prepared by the Town Attorney and the Town Engineer. The plat shall be marked with a notation indicating the formal offers of dedication. All deed restrictions required by these Subdivision Regulations or agreed to be filed with the plat shall be submitted with the final plat." SECTION 4: That Article XIII, Subdivisions, Section 7.4, Private Streets, be amended to add a new subsection M. Utility Duct Banks, to read as follows: "M. Utility Duct Banks. The location of utility duct banks placed within the private streets or public utility easements shall be located and installed to the Town's Engineering Standards and shall be dedicated to the Town prior to approval of the final plat or as part of the final plat." SECTION 5: That Article XIII, Subdivisions, Section 12, Utility Standards, be amended by adding a new subsection 12.4. Utility Duct Bank Facilities, to read as follows: 12.4 Utility Duct Bank Facilities. Electric, cable, traffic, water and sewer metering, low watt lighting, telephone, Internet provider, "Smart House" facilities serving the subdivision, development or addition may be located within the Town's utility duct bank, in accordance with the Town's Master Plan for Utility Duct Banks. Utility duct banks shall be dedicated and installed to adequately serve the subdivision development, or addition and each lot or tract therein and shall be located and sized to conform to the Town's Engineering Standards and specifications in accordance with the Town's Master Plan for Utility Duct Banks. A. Conformity to Master Plan. All additions to the duct bank system shall conform to the Town's Master Plan for Utility Duct Banks and other requirements of the Town. The Town may require a study to support the location and capacity of utility duct banks before final plan approval. The proposed location and capacity K, of a proposed development shall not exceed the capacity of the utility duct bank based upon required studies. B. Design and Construction Requirements. All design and construction shall be done under the inspection of the Town and in accordance with the Town's established policies and practices. No utility duct bank system will be constructed unless all plans have been reviewed and approved by the Town to ensure compliance with these requirements. C. Extension Policy. The developer shall extend all utility duct banks necessary to connect the development with the Town's utility duct bank system. Developer shall also extend utility duct banks to all property lines of the subdivision to allow connection to these facilities by adjacent property owners in accordance with the approved plans. D. Authority to Extend Duct Banks. Authority to extend utility duct banks to serve newly subdivided or platted land shall be granted by the Town only upon a. determination by the Town engineer that all facilities necessary to adequately serve the development are in place or will be in place prior to the issuance of Occupancy Permits for structures developed on such property." SECTION 6: That Article XVI, Definitions, Section 2, Words and Terms Defined, be amended to add a new definition for "utility duct bank" to read as follows: "Utility Duct Bank. A container that is comprised of a number of sleeves of either similar or varying diameter that when fitted together and buried forms a continuous linear facility in which cables, wires, and fiber optics may be inserted to provide an integrated system, as designed and constructed in accordance with the Town's Engineering Standards." SECTION 7: It is hereby declared to be the intention of the Board of Aldermen of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Board of Aldermen of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. 3 SECTION 8: That should any person or entity be found in violation of any provision of this Ordinance, the violation shall be punishable by a fine of not greater than five hundred dollars ($500.00); and, that each day shall constitute a new violation. PASSED AND APPROVED 20 DAY OF APRIL, 2000. ATTEST: - y 6ing& Crosswy, TowAecretary APPROVED AS TO FORM: Scott Bradley, Mayor Trent Petty, Town anager 4 I solemnly swear that a true and correct copy of the Public Notice Ordinance No. 357 was published in THE KELLER CITIZEN, a newspaper having general circulation in the counties of Denton and Tarrant, and that the dates that said issues of the newspaper bore in which such notice was published were May 16, 2000. A copy of the notice as published, clipped from the newspaper is attached hereto. Pam Nolte, Classified Ad Manager THE STATE OF TEXAS § M COUNTY OF TARRANT § a lEYA7L-1GI:157307i71i•i� BY Pam Nolte this 1 day of June, 2000, to certify which witness my hand and seal of office. Notary Public, State of Texas Printed Name of Notary My commission expires P ALGA G F�C€�AY NOTARY PUBDO 5 Of = o Comm, Ex a. 4J 7120U �C vi all or- Ing Ores specifically repeal- Ing Ordinance No. 218, as PUBLIC HEARING1SD be received until 10:00 A.M., May 31,'2000 in the Keller The Keller independent School District trill receive amended; providing a sever- a ability clause; providing fora Zoning districts and to re- move Estate''Clus#er Resi- Purchasing Department located at 350 keiler Park- bids and proposals in the Purchasing Department, 350 : penaltyfor violations hereof; PUBLIC HE way, Keller, Texas 76248, Keller Parkway,Keller, Texas ° providing a savings clause; providing for publication; andA TOWN OF WESTLAKE mandatory pre-bid meeting 76248-0050 for the following items: providing an effective date. ' Notice is hereby given that will be held at Whitley Road tion of a day during which the Any person, firm or corpora -Replacements the Board of Aldermen of the Westlake7600 Town of will hold a Elementary School located at Whitley Rd y oa, Watau- Roof Top A/C & Heating Unit tion who violates; disobeys, Omits, neglects or refuses to public hearing on Monday, June 26, 2000, at 7:00 p.m. ga, Texas 76148 at 10:00 A.M., May 24, 2000: 10:00 A.M. May 31, 2000 comply with or who resists the enforcement of any of the to consider an amendment to Article III, Zoning District Map, Subsections For questions or bid packets please contact: HVAC Filters 11:00 A.M. May 31, 2000 provisions of this ordinance shall be fined not more than Two Thousand dollars teo nnn nn%a,.-.__-� " 11' an Section 3, Purpose of Zoning Districts and Official Zoning Man nnrl Amici. IV-Qo..:,;....: Deb y Woodard KiSD PurchasingAgent :. 350. Ka11er,P—t—.... Peso Control Buiidin &Lawn _--_ . g `auon is permitted to exist'shall con- breviated designation" -of 817-397-7515. Drill Team Uniforms stitute a separate offense. Zoning districts and to re- move Estate''Clus#er Resi- certain sections of Articles ' XIII, Subdivisions, and XVI 11:00 A.M., June 1, 2000 Posals should be clearly marked in the lower left cor- Passed and approved this 24th day of April, 2000. dentia) and Neighborhood Cluster Residential, and Art!- ID NOTICE Gym Floor Replacement Penalty. A person who vio- - lates a provision of this ordi- nance is cle V, Zoning 'District Devel- LEGAL NOTICE 1:00 P.M., June 1, 2000 - PUBLIC NOTICE opment Standards to amend the "abbreviated designation" tion of a day during which the The bids and proposals will PUBLIC NOTICE of Zoning Districts, to remove Estate Cluster Residential KELLER INDEPENDENT SCHOOL DISTRICT RE- be opened and read at the specified time. All bidders ORDINANCE NO. 0405-00 and Ne ighborhood Cluster Residential, QUEST FOR PROPOSALS are welcome to attend. Spec - ifications and bid farms may An Ordinance of the Cit of and to amend the minimum area require- PROPERTY AND CASUAL- be obtained from the Bus Haslet, Texas establishing rules and regulations govem- ment in the Residential Dis- tricts; all contained in the Uni- TY INSURANCE & RISK MANAGEMENT SERVICES ness Office at the above ad - dress or by telephoning Deb in junked vehicles; providing definitions; providing proce- fled Development Code. " The Keller Independent Woodard 817-337-7515. dures for the abatement of junked vehicles; providing The public hearingwill be held in Westlake at 'Villa e School District is seeking Proposals for Property and I NOTICE that this ordinance shall be cumulative of all ordinances, g Circle, Suite 200, Solana, Westlake, Texas. Information Casualty,,Insurance &Risk Management p gement Services, ur- specifically repealing Ordi- nance No. 143, as amended; concerning the above maY- suant to TEXAS 'EDUCA- TION CODE 44.031 (Ver - INVITATION TO BID providing a severabilit Y clause; providing for a penal- ters can be viewed at the Westlake Town Hall between the hours of 9:00 a.m, non's 1987). Underwriting in- formation and specifications The Keller Independent School District will receive ty for violations hereof; pro- viding a savings clause; pro- and 1:00 p.m., Mondaythrough Friday. maybe obtained at the office of Mr. Jerry Culbertson, Di-' bids and proposals in the Purchasing Department, 350 viding for publication and providing an effective date. Any interested arson P rector of Support Services, ` Keller Independent School Keller Parkway, Keller, Texas 76248-0050 for the following A person commits an offense will have an opportunity to speak at the public hearing. g• District, 350 Keller Parkway, , Keller, Texas 76248-2249 or item: if the person maintains a _ you may call 817-337-7539 if Food Service public nuisance described in this ordinance. An offense�� ARING you require additional infor- mation. Small Equipment 9:00 A.M., June 7, 2000 under this ordinance is a mis- demeanor punishable by a Sealed Proposals consisting The bids and proposals will fine not to exceed two thou- ` ORDINANCE NO. 0303-00 of an original and three (3) be opened and read at the sand dollars ($2,000.00), Each day an offense occurs An Ordinance of the City copies must be submitted no later that 10:00 A.M CST, specified time. All bidders are welcome to attend. Specifica- shali be a separate offense. Council of Haslet, Texas, re- lating to regulation of signs; Thursday, June 8, 2000, to Mr. Stuart Verdon, Director of tions and bid forms may be obtained from the Business Passed and approved this providing definitions; provid- Purchasing, Keller indepen- Office at the above address 24th day of April, 2000. ing standards for location, spacing, height, setback, and dent School District, 350 Keller Parkway, Keller, Texas or by telephoningDeby Woodard (817) PUBLIC DTIC lighting of signs; providing for 76248-2249. ,337-7515. the issuance of permits; pro- viding for non -conforming Keller Independent School TOWN OF WESTLAKE signs; providing that this ordi- District reserves the right to ORDINANCE NO. 357 nance shall be cumulative of waive any informality or to re - An Ordinance of the Town of ail ordinances; providing a severability clause; providing ject any or all proposals and to accept the most advanta- Westlake,Texas, amending a penalty; providing a sav- geous proposal. Sealed Pro - certain sections of Articles ' XIII, Subdivisions, and XVI ings clause; and providing an effective date. Posals should be clearly marked in the lower left cor- definitions, of the Unified De- ' ner - "Property/Casualty in- velopment Code relating to Utility Duct Banks; providin for a penalty; Penalty. A person who vio- - lates a provision of this ordi- nance is surance & Risk Management Service Proposal". providing an e? fective date; and providing guilty of a separate offense for each day or por- for a savings clause. tion of a day during which the PUBLIC NOTICE violation is committed, con- tinued, or permitted. Each of - THINK fense is punishable by a fine — TOWN OF WESTLAKE of not less than $50 nor morei than $500. $ ORDINANCE NO. 361 Passed and approved on this �6- / An Ordinance of the Town of Westlake, Texas, amending the Town of 24th day of April, 2000. THINK Westlake Engi- neering Standards to create a new Article VIII, Utility Duct Bank Facilities; providing an '� 0 effective date; and providing for a savings clause. i t r�R t Al Fi �c l