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.
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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
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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.
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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:
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6ing& Crosswy, TowAecretary
APPROVED AS TO FORM:
Scott Bradley, Mayor
Trent Petty, Town anager
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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
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effective date; and providing
for a savings clause.
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