12/14/2010 CC Agenda

Transcription

Weatherford City Council
NOTICE OF MEETING
Work Session Agenda
4:30 p.m. Tuesday, December 14, 2010
Weatherford City Hall – Downstairs Training Room
303 Palo Pinto Street
Dennis Hooks
Waymon Hamilton
Jerry Clinton
Eric Matthews
Craig Swancy
Mayor
Mayor Pro-Tem/Place 3
Place 1
Place 2
Place 4
Jerry Blaisdell
Robert Hanna
Sharon Hayes
Ed Zellers
Laura Simonds
City Manager
Assistant City Manager
City Attorney
City Secretary
In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Weatherford City Hall, distributed to
the appropriate news media, and posted on the City website: www.weatherfordtx.gov within the required time frame. As a courtesy, the entire
Agenda Packet has also been posted on the City of Weatherford website: www.weatherfordtx.gov . All meetings of the Weatherford City
Council are open to the public and public participation and written comments are invited on all open session business items.
The Mayor and Weatherford City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are
requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation.
The Weatherford City Hall is wheelchair accessible and special parking is available on the south side of the building.
accommodations are required please contact the City Secretary a minimum of 24 hours in advance at 817-598-4202.
If special
CALL TO ORDER
WORK SESSION
1.
Discussion on Capital Improvement Projects.
ADJOURNMENT
Pg. 1
NOTICE OF MEETING
Executive Session Agenda
Immediately following the Work Session, December 14, 2010
Weatherford City Hall – Downstairs Training Room
Dennis Hooks
Waymon Hamilton
Jerry Clinton
Eric Matthews
Craig Swancy
Mayor
Place 1
Place 2
Place 4
Jerry Blaisdell
Sharon Hayes
Robert Hanna
Ed Zellers
Laura Simonds
City Manager
City Attorney
City Secretary
In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Weatherford City Hall, distributed to the
appropriate news media, and posted on the City website: www.weatherfordtx.gov within the required time frame. As a courtesy, the entire Agenda
Packet has also been posted on the City of Weatherford website: www.weatherfordtx.gov . All meetings of the Weatherford City Council are open to
the public and public participation and written comments are invited on all open session business items.
The Mayor and Weatherford City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are
requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation.
The Weatherford City Hall is wheelchair accessible and special parking is available on the south side of the building. If special accommodations are
required please contact the City Secretary a minimum of 24 hours in advance at 817-598-4202.
CALL TO ORDER
EXECUTIVE SESSION
Pursuant to Chapter 551, Texas Government Code, VTCS, (Open Meetings Law) in accordance with
the authority contained in:
Section 551.072 – to deliberate the purchase, exchange, lease, or value of real property •
•
•
•
Block 4, Couts Addition, located in the 300 Block of West Lee Street
0.141 acres, Pt. Lot 2, Block 7, Yeoman Subdivision
0.093 acres, Pt. 2, Block 7, Yeoman Subdivision
Block 9, Lots 7, 8, 9 and 10 of the Yeoman Subdivision; all located in the City of Weatherford.
ADJOURNMENT
Pg. 2
NOTICE OF MEETING
Regular Session Agenda
6:30 p.m. - Tuesday, December 14, 2010
Weatherford City Hall – City Council Chambers
Dennis Hooks
Waymon Hamilton
Jerry Clinton
Eric Matthews
Craig Swancy
Mayor
Place 1
Place 2
Place 4
Jerry Blaisdell
Sharon Hayes
Robert Hanna
Ed Zellers
Laura Simonds
City Manager
City Attorney
City Secretary
In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Weatherford City Hall, distributed to the
appropriate news media, and posted on the City website: www.weatherfordtx.gov within the required time frame. As a courtesy, the entire
Agenda Packet has also been posted on the City of Weatherford website: www.weatherfordtx.gov All meetings of the Weatherford City Council
are open to the public and public participation and written comments are invited on all open session business items.
The Mayor and Weatherford City Council request that all cell phones be turned off for the duration of the meeting.
The Weatherford City Hall is wheelchair accessible and special parking is available on the south side of the building. If special accommodations
are required please contact the City Secretary a minimum of 24 hours in advance at 817-598-4202.
UNLESS OTHERWISE INDICATED, ACTION MAY BE TAKEN ON ANY OF THE FOLLOWING AGENDA
ITEMS:
CALL TO ORDER
Oath of Office issued to newly elected City Council Member Eric Matthews.
Action on Executive Session Items
To take action, if necessary, regarding the purchase, exchange, lease, or value of real property •
•
•
•
Block 4, Couts Addition, located in the 300 Block of West Lee Street
0.141 acres, Pt. Lot 2, Block 7, Yeoman Subdivision
0.093 acres, Pt. 2, Block 7, Yeoman Subdivision
Block 9, Lots 7, 8, 9 and 10 of the Yeoman Subdivision; all located in the City of Weatherford.
Pg. 3
NOTICE OF MEETING
CONSENT ITEMS
1.MINUTES
Pgs. 7-22
Consider approval of the minutes from the Joint Executive Session of the City
Council and the Municipal Utility Board held on October 28, 2010, the Joint
Work Session of the City Council and Planning and Zoning Board and the
Regular City Council meeting held on November 9, 2010 and the Special City
Council Meeting held on November 12, 2010.
2. RS-121410-01
Pgs. 23-26
Consider adoption of Ordinance 512-2010-50 on final reading, to approve the
2010-11 amended annual budget.
Executive Summary
The first reading of this Ordinance was unanimously passed on November 9, 2010.
3. RS-121410-02
Pgs. 27-32
Consider adoption of Ordinance 513-2010-51 on final reading, rezoning from
AG Agricultural and I Interstate to AG Agricultural on property located at 2300
OLD DENNIS ROAD, City of Weatherford, Parker County, Texas.
Executive Summary
4. RS-121410-03
Pgs. 33-38
Consider adoption of Ordinance 514-2010-52 on final reading, repealing and
replacing Title V - Business Regulations, Chapter 2 – Itinerant Vendors in its
entirety with new language.
Executive Summary
5. RS-121410-04
Pgs. 39-41
Consider approval of Ordinance 515-2010-53, on first reading for the placement
of a "Stop Sign" for eastbound traffic on Lakeway Drive at its intersection with
West Lake Drive.
Executive Summary
Lakeway Drive is a new roadway that was constructed as part of a housing
development on the west side of Lake Weatherford. A sight distance issue for
eastbound traffic on Lakeway Drive at its intersection with West Lake Drive does
exist and after reviewing the issue staff and the Transportation Advisory Board
recommend the placement of a "Stop Sign" for eastbound traffic at this intersection.
6. RS-121410-05
Pgs. 42-45
of "All-Way Stop Signs" at the intersection of West BB Fielder Road and Tin
Top Road.
Executive Summary
The newly formed four-way intersection of West BB Fielder Road and Tin Top
Road will be fully operational within the next few weeks. The design engineer
recommends that the intersection be controlled with "All-Way Stop Signs".
7. RS-121410-06
Pgs. 46-48
of a "Stop Sign" for southbound traffic on Fuller Street at its intersection with
West BB Fielder Road.
Executive Summary
This section of Fuller Drive and West BB Fielder is now open to traffic. The design
engineer recommends the placement of a "Stop Sign" for southbound traffic on
Fuller Road at its intersection with West BB Fielder Road.
Pg. 4
NOTICE OF MEETING
8. RS-121410-07
Pgs. 49-51
of "Stop Sign" for west bound traffic at the intersection of West BB Fielder Road
with FM Highway 1884.
Executive Summary
The construction of BB Fielder road is near completion and the design engineer
recommends that the placement of a "Stop Sign" for west bound traffic entering the
intersection from BB Fielder.
REGULAR ITEMS
9. RS-121410-08
Pgs. 52-217
Discuss and consider the final reading of Ordinance 511-2010-49, approving a
Municipal Code Amendment to Title XII of the Weatherford Municipal Code
pertaining to the City’s Zoning Code. (Don Stephens)
Executive Summary
The first reading of this Ordinance was approved 2 to 1 on November 9, 2010.
(Mayor Hooks and Swancy approved, Hamilton opposed).
10. RS-121410-09
Pgs. 218-252
Consider all matters incident and related to the issuance and sale of “City of
Weatherford, Texas, General Obligation Refunding Bonds, Series 2010,”
including the adoption of an ordinance authorizing the issuance of such bonds
and providing for the redemption of the obligations being refunded.
Executive Summary
11. RS-121410-10
Pgs. 253-290
Consider all matters incident and related to the issuance and sale of “City of
Weatherford, Texas, Tax and Utility System (Limited Pledge) Revenue
Certificate of Obligation, Series 2011,” including the adoption of an ordinance
authorizing the issuance of such bonds.
Executive Summary
12.
Discuss and consider an appointment to the Weatherford Municipal Utility
Board. (Craig Swancy)
13.
Discuss and consider construction issues on SH171. (Eric Matthews and Jerry
Clinton)
Pg. 5
NOTICE OF MEETING
CITIZENS COMMENTS ON NON-AGENDA ITEMS
Residents may address the Council regarding an item that is not listed on the agenda. Residents must provide their
name and address. The Council requests that comments be limited to three (3) minutes. The Texas Open Meetings Act
provides the following:
(a) If, at a meeting of a governmental body, a member of the public or of the governmental body inquires about a
subject for which notice has not been given as required by this subchapter, the notice provisions of this subchapter
do not apply to:
(1) A statement of specific factual information given in response to the inquiry; or
(2) A recitation of existing policy in response to the inquiry.
(b) Any deliberation of or decision about the subject of the inquiry shall be limited to a proposal to place the subject
on the agenda for a subsequent meeting.
ADJOURNMENT
CERTIFICATION
I certify that this Notice of Meeting was posted on _________________, 2010 at ___________a.m./p.m. as required by law in accordance with
Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on
the City of Weatherford website: www.weatherfordtx.gov
Laura Simonds, City Secretary________________________________________
Date Removed__________________________
Pg. 6
Pg. 7
MINUTES OF THE JOINT CITY COUNCIL/PLANNING AND ZONING BOARD WORK
SESSION HELD November 9, 2010
The City Council and the Planning and Zoning Board of the City of Weatherford, Texas met in a
Work Session on Tuesday, November 9, 2010 at 4:30 p.m. in the Downstairs Training Room, 303
Palo Pinto Street, Weatherford, Texas. Present were Mayor Dennis Hooks, Mayor Pro Tem
Waymon Hamilton, Council Members Jerry Clinton and Craig Swancy. Planning and Zoning
Board Members present were: Chairman Brad Felmey, Nita Whiteside, Gene Burks and Darren
Clark. City Staff included: City Manager Jerry Blaisdell, Assistant City Managers Sharon Hayes
and Robert Hanna, City Attorney Ed Zellers and City Secretary Laura Simonds.
Mayor Hooks and Chairman Felmey announced a quorum was present. The work session was called to
order at 4:30 p.m.
Presentation and discussion of a proposed amendment to the City of Weatherford’s Zoning Code.
Planning and Development Director Don Stephens explained that in February 2010 a joint work session
was held between the City Council and the Planning and Zoning Board to receive a presentation, discuss
the process, and provide direction to staff in regards to an amendment to the City’s Zoning Ordinance. In
March 2010, the first of fourteen public hearings with the Planning and Zoning Board wherein the draft
ordinance was reviewed, public input was received and numerous revisions were discussed and agreed
upon by the Board, with a final recommendation for approval being given on October 13, 2010. Mr.
Stephens noted that the section on Sexually Oriented Business’ will be discussed in the public hearing
during the regular meeting. Mr. Stephens then reviewed each Chapter of the revisions, which included:
 Chapter 1 – Enacting Provisions – Clarification and Cleanup
 Chapter 2 – Zoning Procedures and Administration – Clarification and Cleanup
 Chapter 3 – Zoning Districts – Amended to include Districts and Uses
 Reduction/Combination of Zoning Districts
 19 Existing Zoning Districts (not including PD’s)
 Looked for Use Similarities between Districts
 Combined Like Districts
 Development Friendly
 Simplify
 Less Restrictive while maintaining standards & Health Safety
 10 Proposed Zoning Districts (not including PD’s)
 Reduction/Combination of Land Uses
 Chapter 4 – Use Regulations – Chapter is being Eliminated
 Land Uses Incorporated Into Zoning Districts (See Chapter 3)
 Other Language Incorporated Throughout
 Chapter 5 – Development Standards – Revamped
 Developer Friendly/Flexible Design
 Community Protection
Pg. 8
 Chapter 6 – Penalties and Nonconformities – Clarification and Cleanup (Formatting
Only)
After a brief discussion regarding sexually oriented businesses and sign regulations, the Council thanked
the Planning and Zoning Board and Planning and Development Department for their hard work on the
proposed ordinance.
As there was no further discussion, on the motion of Craig Swancy, second by Waymon Hamilton,
the Joint Council/Planning and Zoning Board adjourned the work session at 5:36 p.m.
MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD November 9, 2010
The City Council of the City of Weatherford, Texas met in a Regular Session on Tuesday, November 9,
2010 at 6:30 p.m. in the City Hall Council Chambers, 303 Palo Pinto Street, Weatherford, Texas. Present
were Mayor Dennis Hooks, Mayor Pro Tem Waymon Hamilton, Council Members Jerry Clinton and
Member Craig Swancy. City Staff included: City Manager Jerry Blaisdell, Assistant City Managers
Sharon Hayes and Robert Hanna, City Attorney Ed Zellers and City Secretary Laura Simonds.
Mayor Hooks announced a quorum was present. The meeting was called to order at 6:30 p.m.
Weatherford Economic Development Authority Director Dennis Clayton presented the quarterly report.
No action was taken or required on this item.
CONSENT ITEMS
The following consent items were unanimously approved on the motion of Jerry Clinton, second by
Craig Swancy. The motion carried 4-0.
Accepted the 4th Quarter Investment Report.
Approved the minutes from the Regular City Council Meeting held on October 26, 2010.
Adopted Ordinance 510-2010-48 on final reading, amending the speed limit on FM Highway 1884.
The Texas Department of Transportation is requesting that the 45 MPH speed limit on FM Highway 1884
be extended 1,452 feet to Mile Post 5.700 and from there the 60 MPH speed zone, to Mile Post 6.601,
(Weatherford City Limit Line) be reduced to 50 MPH. The Ordinance is captioned as follows:
ORDINANCE 510-2010-48
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEATHERFORD,
TEXAS, AMENDING TITLE 10 MOTOR VEHICLES AND TRAFFIC, CHAPTER 17
SPEED ZONES, SECTION 10-17-2 SPEED LIMITS ON CERTAIN STREETS BY
ADDING OR AMENDING THE SPEED LIMIT ON FARM TO MARKET ROAD 1884
TO SAID SECTION; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT; PROVIDING A SAVINGS CLAUSE; AND
PENALTY
Adopted Ordinance 509-2010-47 on final reading, approving a zoning change for properties
currently zoned MF-1 Multifamily, GR General Retail, and I Interstate to be rezoned I Interstate,
Pg. 9
located at 2103 SOUTH BOWIE DRIVE, City of Weatherford, Parker County, Texas.
Ordinance is captioned as follows:
AN ORDINANCE AMENDING THE ZONING DISTRICT BOUNDARIES OF THE
ZONING DISTRICT MAP OF THE CITY OF WEATHERFORD, TEXAS,
CONCERNING CERTAIN PARCELS OR TRACTS OF LAND IDENTIFIED AS 25.15
ACRES MORE OR LESS OUT OF THE J. YEOMAN SURVEY, ABSTRACT NO.
1692, CITY OF WEATHERFORD, PARKER COUNTY, TEXAS LOCATED AT 2103
SOUTH BOWIE DRIVE HERETOFORE ZONED MF-1 MULTIFAMILY, GR
GENERAL RETAIL AND I INTERSTATE SHALL HENCEFORTH BE ZONED I
INTERSTATE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT; AND PROVIDING A SAVINGS CLAUSE.
The
Approved The City of Weatherford City Manager and Chief of Police to enter into a mutual aid
agreement with the North Central Texas Regional Telecommunicators Emergency Response
Taskforce (NCTR-TERT). The mutual aid agreement includes the education and preparation (through
free training) of approximately 2000 telecommunicators and supervisors for a regional mutual aid
response.
Adopted Resolution R2010-20 stating that the City Council has reviewed the investment policy and
investment strategies of the City, and recording any changes made to either the investment policy
or investment strategies.
Approved the appointment of Paul Rust, Acting Fire Chief, as Emergency Management
Coordinator for the City of Weatherford.
ACTION ITEMS
Direct City staff on whether to reduce community enhancement, which includes First Monday
Trade Day Grounds (Heritage Park), projects and acquisitions to offset a portion of the Certificate
of Obligation issuance amount. City Manager Jerry Blaisdell gave a brief history of First Monday
Trade Day Grounds and Heritage Park. Chief Financial Officer Janina Jewell reviewed the historic
financial performance of Fist Monday. Mr. Blaisdell then asked for Council clarification of the direction
of First Monday Trade Day Grounds and the amount of funds to be directed away from community
enhancement projects and acquisitions to reducing Certificates of Obligation for transportation projects.
The City Council approved the Fiscal Year 2011 Budget with $580,000 in other community enhancement
projects and $270,000 in possible acquisitions.
Jerry Clinton stated that he thinks that the vendors need to be asked what they need for First Monday to
be more successful.
Waymon Hamilton stated that they would like to see First Monday flourish and do better than it’s ever
been. He would like to improve the facilities at First Monday.
Craig Swancy supports the renovation of First Monday.
Willard Stovall, Andrea Lynn, Alta Brewer, Don Johnston, Bill Moylan, Bobbie Narramore, Shelia
Barksdale, Joan Stokes, Dean Stover, Carl and Keri Wright all spoke in favor of seeing the grounds
improved, the restrooms renovated, paved lots and the sale of animals.
Eric Matthews stated that he was not against renovations at First Monday, but that the economic timing
was not good at this time.
Pg. 10
Jerry Clinton stated that it was not time to do a $9.5 million project, but that we could give some money
to improve the grounds.
Waymon Hamilton stated that he would like to reconsider and return some of the money for enhancement
to this project and work with the vendors to make it happen. Mr. Hamilton also stated that he was in
favor of allowing the return of the animals, under certain guidelines.
Craig Swancy also stated that the animals need to return and that he was in favor of the proposed
renovations to the grounds, with the vendors input.
Mayor Hooks also spoke in favor of the renovations, with some type of facility for the sale of animals.
Mayor Hooks made a motion to authorize Staff to use $133,000 from park dedication fee for the design,
utilize the $850,000 (from the Solid Waste fund earmarked for the project) to begin the process of
renovating First Monday Grounds (including some type of facility for the sale of animals), with input
from the vendors, in a timely manner. (The motion included that if any part of the design, architect fees,
etc. could be toned down, to do so.) Jerry Clinton second the motion. The motion carried 4-0.
At 8:12 p.m., the Council took a short recess. The meeting was reconvened at 8:20 p.m.
Direct City staff on whether to reduce fund balance and retained earning balances to offset a
portion of the Certificate of Obligation issuance amount for transportation projects. Chief Financial
Officer stated that Financial Management Policies approved by the City Council state the following for
Fund Balance Reserves:
Fund Balances: Maintain fund balances in the various funds at sufficient levels to protect the
creditworthiness of the City, mitigate current and future risks, and to ensure stable rates.
General Fund Undesignated Fund Balance: The undesignated fund balance should be maintained at 90
days.
Fund Balances and Retained Earnings of Other Operating Funds: Positive fund balances and retained
earnings shall be maintained in enterprise operating funds in order to ensure that sufficient reserves are
available for emergencies and revenue shortfalls. In the Municipal Utility Fund and the Solid Waste
Enterprise Fund, an operating reserve will be established and maintained at 60 days of the current year’s
budget established for operations and maintenance (total budget less debt service and capital project
expenditures). Special revenue funds such as Hotel / Motel Tax Fund, Chandor Gardens Fund, Public
Library Special Revenue Fund, Municipal Court Technology Fund and Municipal Court Building
Security Fund should maintain positive fund balances and each respective Board or Council should
approve the amount to be retained each year.
Use of Fund Balance/Retained Earnings: Fund Balance/Retained Earnings should be used only for
emergencies, major capital purchases or non-recurring expenditures that cannot be provided by savings in
the current year. Should the use reduce the balance below the appropriate level, recommendations will be
made on how to restore the balance to its level.
Craig Swancy made a motion, second by Waymon Hamilton, to maintain the fund balance as directed
before, and not draw down the fund balance. The motion carried 4-0.
Pg. 11
Consider adoption of Ordinance 512-2010-50, on first reading to approve the 2010-11 amended
annual budget. Chief Financial Officer Janina Jewell explained that amendments to the current year
include $12,584 to the Police Grant Division and $1,600 to the Library that were received by outside
agencies during Fiscal Year 2010 that we not fully expensed during last year and are therefore still in fund
balance waiting to be spent on the appropriate items. The Police Grant is for a camera for the watch
tower and the Library is for the fire proof documents storage cabinet. An additional $509 was received
this year from the State of Texas Library Loan Star Fund for expenses related to the granting of funds.
The City was unaware of the total allocation from the State until this fiscal year but additional revenues
offset the additional expenses. The final change is a transfer from the City Manager's Contingency
account to election and advertising expenses to cover unforeseen expenses associated with the Charter
Election. The total of these items will not decrease the estimated fund balance as discussed during the
budget process. After consideration, on the motion of Waymon Hamilton, second by Craig Swancy, the
Council unanimously voted to approve Ordinance 512-2010-50 on first reading to approve the 2010-11
amended annual budget. The motion carried 4-0.
Consider first reading of Ordinance 513-2010-51, rezoning from AG Agricultural and I Interstate
to AG Agricultural property located at 2300 OLD DENNIS ROAD, City of Weatherford, Parker
County, Texas. Director of Planning and Development Don Stephens stated that the reason for the
request is to allow for the construction of a one-family dwelling. The item was reviewed at public
hearing before the Planning and Zoning Board on October 13, 2010. By a vote of 6 – 0, the Planning and
Zoning Board has recommended approval of the Zoning Change. On the motion of Craig Swancy,
second by Waymon Hamilton, the Council unanimously voted to approve Ordinance 513-2010-51, on
first reading, rezoning from (AG) Agricultural and (I) Interstate to (AG) Agricultural property, located at
2300 Old Dennis Road. The motion carried 4-0.
Consider and/or act upon the acceptance of the Texas Intrastate Fire Mutual Aid System Grant
(TIFMAS) for the acquisition of a fully equipped Type 6 Fire Engine. Acting Fire Chief Paul Rust
explained that through the TIFMAS Grant Assistance Program, the State considers applications for
participation in the TIFMAS Grant Assistance Program and will provide certain response apparatus to
cooperators in the Program. The Weatherford Fire Department filed an application for assistance through
this program and received approval on October 20, 2010. The TIFMAS grant will pay 100% of the cost
of a fully equipped Type 6 Engine, including an installed radio package and loose equipment
complement. Fire trucks acquired under the TIFMAS Grant Assistance program are produced under one
common statewide standard to ensure that the vehicles will be consistent in type, design, markings,
capability, and identification on assignments. The Texas Forest Service will order the completed truck on
the behalf of the City through the state or federal contract purchasing process and pay the selected
vendors on the City's behalf via a third party vendor transaction. The City will own the truck subject to
the Supplemental Terms and Conditions Agreement. Financial impact to the City will be the cost of
maintenance, fuel, and insurance for the Engine. After discussion and consideration, on the motion of
Waymon Hamilton, second by Craig Swancy, the Council voted unanimously to accept the Texas
Intrastate Fire Mutual Aid System Grant (TIFMAS) for the acquisition of a fully equipped Type 6 Fire
Engine. The motion carried 4-0.
Receive a report, hold a discussion and take action on adopting Ordinance 514-2010-52, repealing
and replacing Title V - Business Regulations, Chapter 2 – Itinerant Vendors in its entirety with new
language. Assistant City Manager Robert Hanna explained that the proposed Ordinance
fundamentally redefines the manner and practice of the regulation of Itinerant Vendors in the
City of Weatherford. It promotes a clearer textual understanding that will aid in the enforcement
of this Chapter and in the regulation of Itinerant Vendors, while at the same time promoting and
encouraging the continued use of First Monday Trade Days and other long standing events that
are historically important to the community. On the motion of Waymon Hamilton, second by
Pg. 12
Craig Swancy, the Council unanimously voted to approve Ordinance 514-2010-52, repealing and
replacing Title V – Business Regulations, Chapter 2 – Itinerant Vendors, in its entirety with new
language. The motion carried 4-0.
Jerry Clinton asked to be excused from the meeting at 8:40 p.m.
CITIZENS COMMENTS ON NON-AGENDA ITEMS
Jack Head spoke to the Council about his water bill.
Bobbie Narramore spoke to the Council about the Hike and Bike Trail.
Hold a public hearing and consider first reading of Ordinance 511-2010-49, approving a Municipal
Code Amendment to Title XII of the Weatherford Municipal Code pertaining to the City’s Zoning
Code. Planning and Development Director Don Stephens explained that this item was reviewed at public
hearing before the Planning and Zoning Board on March 10, 2010, March 24, 2010, April 14, 2010, April
28, 2010, May 12, 2010, May 26, 2010, June 9, 2010, June 23, 2010, July 14, 2010, July 28, 2010,
August 11, 2010, August 25, 2010, September 22, 2010 and October 13, 2010. By a vote of 6 – 0, the
Planning and Zoning Board has recommended approval of the Municipal Code Amendment. Mr.
Stephens reviewed each proposed chapter of the new zoning ordinance. Mr. Stephens then reviewed the
adverse secondary effects of Sexually Oriented Businesses (SOB’s). Stephens stated that cities cannot
prevent SOB’s because the United States Supreme Court recognizes that sexually explicit material and
performances are entitled to First Amendment protection. As a result, sexually oriented businesses have a
constitutional right to open and operate in your community, and any municipal regulation which
unreasonably restrains or prevents this right will be declared unconstitutional by the courts. Regardless of
personal, moral, or religious beliefs on the subject, cities cannot legally prohibit these businesses from
operating. Generally there are two categories of SOB’s: Those that offer on premise entertainment, such
as entertainers, theaters or viewing booths; and those that offer no on premise entertainment, such as retail
only adult book, video or novelty stores. To avoid being declared unconstitutionally vague, a regulation
must be drafted with sufficient precision so that a person of normal intelligence has fair notice of what is
prohibited. It is not sufficient for law makers to simply make findings that SOB regulations will prevent
negative secondary effect. The burden is on local governments to establish a factual basis for the findings
by demonstrating that the harmful effects are real and that the regulations will reduce or eliminate them.
Prior to adopting regulations restricting the location of SOB’s, communities must conduct an analysis of
the adequacy of available sites. Location restrictions will be invalidated by the courts if they have the
practical effect of totally excluding SOB’s from the community. The available sites do not have to be the
most desirable or profitable for the owners, nor do they need to be currently for sale or rent, but they must
be sites that can realistically be used for a commercial purpose and they must be of a sufficient number to
meet the anticipated demand. A location is physically unsuitable when “physical characteristics of the
site present an unreasonable obstacle to opening a business; an obstacle that can be overcome without
incurring unreasonable expense does not make a site unavailable. It is not relevant that a relocation site
will result in lost profits, higher overhead costs, or even prove commercially unfeasible for an adult
business.” There are basically four factors that courts use to determine whether a city’s zoning ordinance
provides a reasonable opportunity for expression.
1. Percentage of land theoretically available to adult businesses
2. The number of sites potentially available in relation to the city’s population
3. The number of sites potentially available compared with the existing number of businesses
4. The number of sites potentially available compared with the number of businesses desiring to
offer adult entertainment
Pg. 13
There are primarily two types of “speech” that have no right to First Amendment protection:
1. Obscenity; when merchandise, movies or performances cross the line from “sexually explicit” to
“obscene”, they become illegal. Criminal acts have no First Amendment protection.
2. Conduct; although it can be very difficult to distinguish between “symbolic speech” and
“conduct” i.e. the Supreme Court considers erotic dancing a form of symbolic speech entitled to
First Amendment protection. However, touching is considered conduct that is not entitled to First
Amendment protection.
Many communities allow SOB’s to operate in specified zoning districts, provided objective standards
such as distance restrictions from protected uses are met. Ordinarily, a land use study must be conducted
to determine whether a proposed zoning scheme is constitutionally permissible, i.e., whether there are a
sufficient number of alternative sites based upon the distance requirements. There are two primary
methods for zoning SOB’s: dispersion zoning and concentration zoning. Dispersion zoning is
exemplified in regulations which prohibit the operation of an SOB within a certain distance of a specified
protected use (school, church, residential district, another SOB, etc.). Concentration zoning is the
prohibition of SOB’s in any part of a community except those areas specifically designated for such a use.
Both methods are permissible provided they are content neutral, narrowly tailored to serve a substantial
government interest (reduce secondary effects) and do not operate to exclude SOB’s from the community.
The proposed SOB regulations also require owners and employees of SOB have to secure a license.
These regulations provide that owners are ineligible to obtain an SOB business license (or employees are
ineligible to obtain a manager’s, server’s or entertainer’s license) if they have recently been convicted of
certain crimes, primarily involving sex offenses or drugs. The licensing requirements must contain clear
and definite standards for decisions, and adequate procedural safeguards to ensure prompt decisions and
judicial review. Local governments may impose fees for SOB licenses for both owners and employees.
Any regulatory fees associated with obtaining a license must be reasonably related to the actual cost of
administering and enforcing the particular ordinance. Sexually Oriented Businesses include, but are not
limited to: adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel,
adult theater, adult motion picture theater, escort agency, nude model business or sexual encounter center.
In order to promote the public health, safety, and welfare, municipalities by ordinance, “may adopt
regulations regarding sexually oriented businesses”. Regulations are valid if they:
•
•
•
Are justified without reference to the content of the regulated speech
Are narrowly tailored to serve a significant or substantial government interest
Leave open ample alternative channels of communication
Studies, court cases and police records contain convincing evidence that SOB’s have negative secondary
effects on both existing businesses and surrounding residential areas, including:
• Increased crime
• Harm to a minor
• Urban blight
• Diminishment in quality of residential life
• Reduction of property values
Studies establish that negative secondary effects are associated with:
• Physical and/or erotic contact between patrons and employees/entertainers
• Gratuitous offerings to entertainers
• Lack of management oversight
Pg. 14
•
•
Poor lighting inside or outside
Areas with SOB’s that are secured or private
Studies and reports establish that sexual acts occur at SOB’s, especially those where private or semiprivate booths are offered. This creates unhealthy conditions in which communicable diseases (STD’s)
may spread.
o For “on premise” entertainment, effects can be minimized by:
• Providing separation between patrons and entertainers
• Avoiding erotic touching and control of gratuities
• Requiring managers on duty at all times to monitor activities of patrons, entertainers and
minors
• Maintain adequate lighting
• Ensuring no unmonitored areas
• Licensing SOB’s to identify nature and location of activities on premises and to identify
operators
• License managers of SOB’s for identification of responsible party on premises
• License entertainers and employees:
• Prevent exploitation of minors
• Prevent those with criminal backgrounds or outstanding warrants
• Avoid assumed/false names
Two primary ways found in which SOB’s affect the neighborhood (Dallas, Texas Study 1997):
one is by their presence, including signage and advertising, and the other is by the hours they
keep and the type of people they attract. In the Fort Worth Study, 2004, appraisers were nearly
unanimous in responding that adult-oriented businesses of any kind (stores, arcades, or cabarets)
would decrease single-family home property values. Other uses deemed similarly detrimental to
property values included homeless shelters, bars, and pawnshops.
Mr. Stephens then asked the Council to determine that these studies, reports and findings
regarding the negative secondary effects of SOB’s are applicable to your City; then adopt an
ordinance to address and reduce those negative secondary effects. Stephens noted that the
ordinance has been written and recommended by the Planning and Zoning Board to limit the
operation of SOB’s within 1000 feet of all of those primaries, which include schools, churches,
residential neighborhoods, etc. The proposed ordinance also limits SOB’s to industrially zoned
property. At this time, this limits SOB’s to three sites within the city.
Mayor Hooks opened the public hearing. As there was no public input, the public hearing was
formally closed. On the motion of Craig Swancy, second by Mayor Hooks, the Council voted 2
to 1 to approve the first reading of Ordinance 511-2010-49, approving a Municipal Code
Amendment to Title XII of the Weatherford Municipal Code pertaining to the City’s Zoning
Code. The motion carried 2-1.
Mr. Hamilton stated that he only opposed the motion because he had not had enough time to read
over all of the material provided in the proposed ordinance, he agreed with everything that was
presented at the meeting.
Pg. 15
As there was no further discussion, on the motion of Craig Swancy, second by Waymon Hamilton, the
Council adjourned the meeting at 9:21 p.m.
_________________________
Mayor Dennis Hooks
ATTEST:
______________________________
Laura Simonds, City Secretary
Pg. 16
MINUTES OF A SPECIAL CITY COUNCIL MEETING HELD November 12, 2010
The City Council of the City of Weatherford, Texas met in a Special Session on Friday, November 12,
2010 at 12:00 p.m. in the City Hall Council Chambers, 303 Palo Pinto Street, Weatherford, Texas.
Present were Mayor Dennis Hooks, Mayor Pro-Tem Waymon Hamilton, Council Members Jerry Clinton
and Craig Swancy. City Staff included: City Manager Jerry Blaisdell, Assistant City Managers Sharon
Hayes and Robert Hanna, City Attorney Ed Zellers and City Secretary Laura Simonds.
Mayor Hooks announced a quorum was present. The meeting was called to order at 12:00 p.m.
Canvass of the November 2, 2010 Special Election, authorizing the Mayor to execute the
documentation of the Canvass as the Presiding Officer of the Canvassing Authority and
authorization to issue the Certificate of Election to the successful candidate to fill the unexpired
term of City Council Member, Place Two on the Weatherford City Council. Mayor Hooks read the
results of the special election held on November 12, 2010. The election results were as follows:
Fill the unexpired term of City Council Member, Place 2
Candidate
Precinct # and Totals
1.
#200
#205
#300
#305
#310
#315
#405
#445
TOTAL
Darwin Yeary
26
36
24
30
16
51
37
46
266
Candidate
2.
#200
#205
#300
#305
#310
#315
#405
#445
TOTAL
Eric Matthews
119
132
155
142
125
339
300
242
1554
Pg. 17
Candidate
3.
#200
#205
#300
#305
#310
#315
#405
#445
TOTAL
Sid Johnson
17
6
9
15
8
39
37
28
159
Candidate
4.
#200
#205
#300
#305
#310
#315
#405
#445
TOTAL
Clem Lee Smith
64
102
102
117
94
89
72
114
754
Candidate
5.
#200
#205
#300
#305
#310
#315
#405
#445
TOTAL
Mitch Bedinger
58
80
140
98
64
238
194
131
1003
Pg. 18
Candidate
6.
#200
#205
#300
#305
#310
#315
#405
#445
TOTAL
Mary Joan Stokes
33
26
27
40
36
66
72
82
382
PROPOSITIONS
Proposition
PROPOSITION NO. 1 - CITY COUNCIL
Shall the Weatherford Home Rule Charter be amended to provide for three year terms, to
revise the manner of filling vacancies and qualifications for office, and to provide for the
general duties, powers and prohibitions for the mayor and council members, and to
provide that elections shall be conducted in accordance with state law by revising
Sections 2, 3, 4, 5, 6, 7, 8, 9, and 10 of Article VII?
#200
#205
#300
#305
#310
#315
#405
#445
TOTAL
FOR
163
226
288
269
187
583
531
416
2663
AGAINST
188
206
218
234
178
342
333
320
2019
Pg. 19
Proposition
PROPOSITION NO. 2 - ADMINISTRATION
Shall the Weatherford Home Rule Charter be amended to provide for the powers, duties
and qualifications of the city manager; administrative departments; and the duties and
qualifications of the city secretary and city attorney by deleting Sections 22 and 23 of
Article VII; deleting Article IX and creating a new Article VI entitled “City
Administration”?
#200
#205
#300
#305
#310
#315
#405
#445
TOTAL
Proposition
FOR
144
204
269
273
175
563
520
394
2542
AGAINST
204
220
221
224
184
346
323
325
2047
PROPOSITION NO. 3 - ORDINANCES
Shall the Weatherford Home Rule Charter be amended to provide that each ordinance
shall require one reading; that publication of ordinances shall be in accordance with state
law; and to delete provisions for the adoption of emergency ordinances by revising
Sections 16 and 18, and deleting Section 17 of Article VII?
#200
#205
#300
#305
#310
#315
#405
#445
TOTAL
FOR
182
220
315
307
182
589
561
417
2773
AGAINST
168
203
182
186
173
314
285
281
1792
Pg. 20
Proposition
PROPOSITION NO. 4 - BUDGET AND FINANCE
Shall the Weatherford Home Rule Charter be amended by deleting article V “Taxation”
and replacing it with a new Article V “Budget and Finance” to provide for the fiscal
year; submission, content requirements, and amendment of the budget; quarterly
financial reports; and taxation; and by renumbering unchanged Article VI, Section 1
“Bonds” to Section 8 of Article V, and Sections 25 and 26 of Article VII to Sections 9
and 10 of Article V?
#200
#205
#300
#305
#310
#315
#405
#445
TOTAL
Proposition
FOR
158
215
286
293
201
580
528
393
2654
AGAINST
185
208
206
197
156
318
314
314
1898
PROPOSITION NO. 5 - NON-SUBSTANTIVE REVISIONS
Shall the Weatherford Home Rule Charter be amended to make the charter language
gender neutral, and to simplify and clarify the language; and add paragraph headings and
subsection numerical designations, without changing the meaning by making revisions
throughout the entire charter?
#200
#205
#300
#305
#310
#315
#405
#445
TOTAL
FOR
190
255
323
336
216
638
597
466
3021
AGAINST
168
178
190
172
149
282
271
266
1676
Pg. 21
Mayor Hooks then issued the Official Certificate of Election, naming Eric Matthews as City Council
Member Place Two.
Mr. Matthews was issued his Oath of Office by City Secretary Laura Simonds. Mr. Matthews then took
his seat.
As there was no further discussion, on the motion of Eric Matthews, second by Waymon Hamilton, the
Council adjourned the meeting at 12:06 p.m.
_________________________
Mayor Dennis Hooks
ATTEST:
______________________________
Pg. 22
AGENDA REPORT
Meeting Date:
Agenda Item:
December 14, 2010
RS-121410-01
Staff Contact:
E-mail:
Phone:
Janina Jewell
[email protected]
(817) 598-4220
SUBJECT: Consider adoption of Ordinance 512-2010-50, on second and final reading to approve the 201011 amended annual budget.
BACKGROUND/DISCUSSION
The amended 2010-11 Weatherford Municipal Annual Budget totals $35,627,736 for all City funds. It is
currently $35,642,429. Amendments to the current year include $12,584 to the Police Grant Division and
$1,600 to the Library that were received by outside agencies during Fiscal Year 2010 that we not fully expensed
during last year and are therefore still in fund balance waiting to be spent on the appropriate items. The Police
Grant is for a camera for the watch tower and the Library is for the fire proof documents storage cabinet. An
additional $509 was received this year from the State of Texas Library Loan Star Fund for expenses related to
the granting of funds. The City was unaware of the total allocation from the State until this fiscal year but
additional revenues offset the additional expenses. The final change for $12,325 is a transfer from the City
Manager's Contingency account to election and advertising expenses to cover unforeseen expenses associated
with the Charter Election. The total of these items will not decrease the estimated fund balance as discussed
during the budget process.
FINANCIAL IMPACT
Adoption of this budget ordinance would allow for the implementation of the amended 2010-11 Weatherford
Municipal Annual Budget for all funds excluding the Utility fund.
RECOMMENDATION
Staff seeks City Council consideration of approval of an Ordinance on second and final reading to approve the
2010-11 Weatherford Municipal Amended Annual Budget.
Attachments
• Ordinance 512-2010-50
RS-121410-01
Page 1 of 1
Pg. 23
ORDINANCE NO. 512-2010-50
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEATHERFORD, TEXAS, ADOPTING AN AMENDED BUDGET
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2011, AND
MAKING APPROPRIATIONS FOR THE SEVERAL DEPARTMENTS
FOR SAID YEAR IN ACCORDANCE WITH THE CHARTER AND
ORDINANCES OF THE CITY OF WEATHERFORD, TEXAS AND
THE LAWS OF THE STATE OF TEXAS; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; AND
PROVIDING A SAVINGS CLAUSE.
Whereas, The City Council finds that all provisions pertaining to the adoption of a budget
contained in the City Charter and Ordinances of said City, and the laws of the State have
been in all things complied with, and
Whereas, after full and final consideration, the City Council is of the opinion that the
revised budget should be approved and adopted, and that appropriations for the several
departments for said fiscal year should be amended as proposed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WEATHERFORD, TEXAS:
Section 1: That the revised budget estimate of the expenditures of the City of
Weatherford, Texas, for conducting the affairs thereof for the fiscal year ending
September 30, 2011 be and the same is, in all things adopted and approved as the
amended budget estimate of all current expenses and fixed charges against said city for
the fiscal year ending September 30, 2011.
Section 2: That there be, and hereby are appropriated the following sums of money for
each of the designated departments, purposes, and uses for the current year ending
September 30, 2011, being within and as provided in said budget, to-wit:
GENERAL FUND
City Council
Adopted
Adjustment
Amended
12,325
680,591
74,365
74,365
Administration
668,266
Economic Development
181,168
181,168
Planning & Development
693,548
693,548
Human Resources
313,992
313,992
Finance – Administration
220,994
220,994
Finance – Accounting/Purchasing
243,647
243,647
Public Works - Administration
331,480
331,480
Public Works - Field Services
113,846
113,846
Public Works - Traffic Control
161,820
161,820
Community Development - Administration
141,342
141,342
Sanitation -Vehicle/ Equipment Maintenance
166,277
166,277
1,849,763
1,849,763
106,129
106,129
Community Development - Street Maintenance
First Monday
Pg. 24
Community Development - Public Market
3,350
3,350
Parks
780,337
780,337
Recreation
344,713
344,713
Community Development - Facilities Maintenance
610,467
610,467
Police Services
6,832,332
12,584
6,844,916
Community Development - Animal Control
604,929
604,929
Community Dev. - Code and Health Services
163,039
163,039
Fire Protection
4,463,107
4,463,107
City Attorney
136,610
136,610
Finance - Municipal Court
308,804
308,804
Public Library
1,023,998
1,600
1,025,598
Library Grants
66,215
509
66,724
Bad Debt Expense
3,000
3,000
128,972
128,972
Audit Services
52,000
52,000
Parker County Committee on Aging
30,000
30,000
Rape Crisis / Freedom House
15,000
15,000
Weatherford Economic Development Authority
215,400
215,400
OPEB Contribution
414,901
414,901
Parker County Appraisal District
Other Non-Departmental
Transfer to Other Funds
Total General Fund Expenditures and Transfers
SOLID WASTE FUND
1,700,000
(12,325)
1,687,675
14,693
23,243,068
64,564
23,228,375
64,564
3,712,113
3,712,113
CAPITAL PROJECT FUNDS in addition to prior year construction in progress
unused and appropriated capital budget rolling forward.
General Capital Projects Fund
525,000
525,000
Park Development Fund
133,737
133,737
Series 2007 C.O. Fund
505,442
505,442
352,624
352,624
Series 2007 G.O.Fund
933,077
933,077
820,516
820,516
GENERAL DEBT SERVICE FUND
4,207,303
4,207,303
SPECIAL REVENUE FUNDS
State Forfeiture Fund
15,000
15,000
Federal Forfeiture Fund
251,000
251,000
Hotel/Motel Tax Fund
529,850
529,850
TCDP - SFX Grant Fund
22,368
22,368
TCDP - Weatherford Aerospace Grant Fund
13,875
13,875
284,085
284,085
Animal Shelter Fund
10,000
10,000
Library Special Revenue Fund
10,000
10,000
Municipal Court Technology Fund
23,000
23,000
Municipal Court Building Security Fund
30,413
30,413
Chandor Gardens Fund
Pg. 25
Juvenile Case Manager Fund
Weatherford Beautification Fund
Doss Permanent Fund
17,105
17,105
2,396
2,396
457
457
for the reasonable and proper expenditures of so much of each of said sum as aforesaid
itemized, not in excess of the amounts designated, as may be necessary for the operation
of said Departments, purposes and uses, by the persons and in the manner provided and
authorized by laws.
Section 3: If any section, subsection, paragraph, sentence, clause, phrase or word of this
ordinance or the application thereof to any person or circumstance is held invalid or
unconstitutional, such holding shall not affect the validity of the remaining portions of
this ordinance, and the City Council hereby declares that it would have passed such
remaining portion despite such invalidity or unconstitutionality.
The foregoing ordinance was introduced, read, approved, passed and adopted by the City
Council of the City of Weatherford, Texas, at it’s meeting on the 9th day of November,
2010, by the following vote: Aye 4 No 0; and was read, approved, passed and adopted on
the final reading at a meeting of the City Council held on the 14th day of December, 2010,
by the following vote: Ayes____No____
CITY OF WEATHERFORD, TEXAS
______________________________
Dennis Hooks, Mayor
ATTEST:
__________________________________
APPROVED AS TO FORM:
_________________________________________
Ed Zellers, City Attorney
Pg. 26
AGENDA REPORT
Meeting Date:
Agenda Item:
December 14, 2010
RS-121410-02
Initiated By:
Planning & Zoning Board
SUBJECT:
Final reading of Ordinance 513-2010-51, approving a Zoning Change for property
currently zoned AG Agricultural and I Interstate to now be rezoned AG Agricultural
located at 2300 OLD DENNIS ROAD, City of Weatherford, Parker County, Texas.
Staff Contact:
E-mail:
Phone:
Don Stephens, Director
[email protected]
817-598-4203
STAFF REPORT:
An application has been received wherein Nave Engineering, Inc. is requesting approval of a Zoning
Change for property currently zoned AG Agricultural and I Interstate to now be rezoned AG
Agricultural located at 2300 OLD DENNIS ROAD. The reason for the request is to allow for the
construction of a one-family dwelling.
ZONING:
AG Agricultural
I Interstate
ANALYSIS:
According to Title XII, Article II Subsection 10.2.A. of the Weatherford Municipal Code, “The city
council may from time to time, after receiving a recommendation thereon by the planning and zoning
board and after public hearings required by law, amend, supplement, or change the regulations herein
provided or the boundaries of the zoning districts specified on the zoning map.” Subsection 10.1.B. of
the aforementioned Title and Article prefaces that statement with the following:
In making a determination regarding a requested zoning change,
the planning and zoning board and the city council shall consider
the following factors:
1.
Whether the uses permitted by the proposed change will
be appropriate in the immediate area concerned, and their
relationship to the general area and to the city as a
whole;
2.
Whether the proposed change is in accord with any
existing or proposed plans for providing public schools,
streets, water supply, sanitary sewers, and other utilities
to the area;
RS-121410-02
Page 1 of 3
Pg. 27
3.
The amount of vacant land currently classified for
similar development in the vicinity and elsewhere in the
city, and any special circumstances that may make a
substantial part of such vacant land unavailable for
development;
4.
The recent rate at which land is being developed in
the same zoning classification as the request, particularly
in the vicinity of the proposed change;
5.
How other areas designated for similar development
will be, or are likely to be, affected if the proposed
amendment is approved; and
6.
Any other factors that will substantially affect the
public health, safety, morals, or general welfare.
“When the board is ready to act upon the zoning request, it may recommend approval of the request as it
was submitted by the applicant, approval of the request subject to certain conditions (i.e., as in the case
of a planned development district or a conditional use provision), or disapproval of the request. If the
board's recommendation is to approve the request (either as submitted or with additional conditions),
then the request will be automatically forwarded to the city council for a second public hearing thereon
(see Section 10.7).” (WMC §10.6.C.)
According to Title XII, Article IV Section 38, often referred to as the City’s Land Use Chart, “Single
Family Detached” is not listed as either permitted or conditionally permitted in I Interstate zoning
districts. The applicant has therefore submitted the aforementioned request.
To date, staff has received zero (0) comment cards.
PREVIOUS COUNCIL / BOARD ACTION:
The item was reviewed at public hearing before the Planning and Zoning Board on October 13, 2010.
By a vote of 6 – 0, the Planning and Zoning Board has recommended approval of the Zoning Change.
The item was reviewed at public hearing before City Council on November 9, 2010. By a vote of 4 – 0,
City Council has approved the Zoning Change on first reading.
STAFF RECOMMENDATION:
Staff supports the recommendation of the Planning and Zoning Board.
ATTACHMENTS:
• Vicinity Map
• Ordinance 513-2010-51
RS-121410-02
Page 2 of 3
Pg. 28
VICINITY MAP
RS-121410-02
Page 3 of 3
Pg. 29
AN ORDINANCE AMENDING THE ZONING DISTRICT BOUNDARIES OF THE ZONING
DISTRICT MAP OF THE CITY OF WEATHERFORD, TEXAS, CONCERNING CERTAIN
PARCELS OR TRACTS OF LAND IDENTIFIED AS 10.000 ACRES OUT OF THE C. A.
LOVEJOY SURVEY, ABSTRACT NO. 837, CITY OF WEATHERFORD, PARKER COUNTY,
TEXAS LOCATED AT 2300 OLD DENNIS ROAD HERETOFORE ZONED AG
AGRICULTURAL AND I INTERSTATE SHALL HENCEFORTH BE ZONED AG
AGRICULTURAL; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT; AND PROVIDING A SAVINGS CLAUSE.
WHEREAS, the governing body of the City of Weatherford, Texas, after thorough study, has
determined that the Zoning District Map of said City and the Zoning District Boundaries shown
thereon should be changed and amended in certain particulars, and
WHEREAS, all reviews and public hearings and all notices incident thereto have been in full
compliance with the provisions applicable thereto as contained in the zoning ordinance as set
forth in the laws of the State of Texas, and
WHEREAS, the City Council now desires to record said authorized changes in the Zoning
District Map by passage of this ordinance amending said map and directing the Department of
Community Development to make appropriate changes in the one (1) copy of the original
Zoning District Map on file in the office of the City Secretary and all other copies of maps
purporting to be copies of the current Zoning District Map of the City of Weatherford, Texas, as
provided for in Title XII, Article I, Section 3, of the City Code of Weatherford, Texas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WEATHERFORD, TEXAS:
SECTION 1: That the zoning district boundaries of the zoning district map of the City of
Weatherford, Texas, are hereby amended concerning certain parcels or tracts of land identified
as 10.000 acres out of the C. A. Lovejoy Survey, Abstract No. 837, City of Weatherford, Parker
County, Texas more particularly described on Exhibit ‘A’ attached hereto and incorporated
herein, and more generally located at 2300 OLD DENNIS ROAD heretofore zoned AG
Agricultural and I Interstate shall henceforth be zoned AG Agricultural.
SECTION 2: The City Council, after thorough investigation and review finds that all
prerequisites as to study, review, notice, public hearings, and all other legal requirements have
been met and fully complied with concerning the changes set forth in Section 1 and Section 2 of
this ordinance prior to the passage hereof, and that the changes indicated therein will be to the
benefit of the particular neighborhood concerned and to the City as a whole.
SECTION 3: The Department of Community Development is hereby instructed to
change the one (1) copy of the Zoning District Map on file in the office of the City Secretary and
all other copies of maps purporting to be copies of the current Zoning District Map of the City of
Weatherford, Texas, to show the changes set forth herein.
SECTION 4: All ordinances and parts of ordinances in conflict with this ordinance shall
Pg. 30
and the same are hereby repealed to the extent of said conflict only.
SECTION 5: If any section, subsection, paragraph, sentence, clause, phrase or word
of this ordinance or the application thereof to any person or circumstance is held invalid or
unconstitutional, such holding shall not affect the validity of the remaining portion of this
ordinance, and the City Council hereby declares that it would have passed such remaining
portions despite such invalidity or unconstitutionality.
The foregoing ordinance was introduced, read, approved, and passed by a vote of 4
ayes and 0 nayes by the City Council of the City of Weatherford, Texas, at its meeting on the
9th day of November 2010, and was read, approved, passed and adopted by a vote of ___ ayes
and ___ nayes by the City Council of the City of Weatherford, Texas, at its meeting on the 14th
day of December 2010.
Dennis Hooks, Mayor
ATTEST:
APPROVED AS TO FORM
Page 2 of 3
Pg. 31
Exhibit ‘A’
BEGINNING AT A SET RAILROAD SPIKE IN THE WEST OCCUPIED RIGHT
OF WAY OF OLD DENNIS ROAD (PAVED), AT THE NORTHEAST CORNER
OF THAT CERTAIN TRACT OF LAND CONVEYED TO GARNER IN V. 1783,
P. 1485, R.R.P.C.T., FOR THE SOUTHEAST AND BEGINNING CORNER
OF THIS TRACT: WHENCE A FOUND ½” IRON ROD AT THE NORTHWEST
CORNER OF THE JOHN DAVIS SURVEY, ABSTRACT NO. 349 IS
CALCULATED TO BEAR N 89º41’02” W 1960.67 FEET.
THENCE N 89º38’26” W 755.86 FEET ALONG THE COMMON BOUNDARY
LINE OF SAID JOHNSON TRACT AND SAID GARNER TRACT(V.1783,
P.1485) TO A FOUND ½ IRON ROD AT THE NORTHWEST CORNER OF
THAT CERTAIN TRACT OF LAND CONVEYED TO GARNER IN V. 1454 P.
1150, R.R.P.C.T., FOR A CORNER OF THIS TRACT.
THENCE N 89º42’ 40” W 120.81 FEET ALONG SAID JOHNSON TRACT
AND SAID GARNER TRACT (V.1454, P.1150) TO A FOUND 1” IRON
ROD AT SAID NORTHWEST CORNER OF THE JOHN DAVIS SURVEY, FOR
THE SOUTHWEST CORNER OF THIS TRACT.
THENCE N 27º03’12” E 500.51 FEET TO A SET ½” IRON ROD FOR
THE NORTHWEST CORNER OF THIS TRACT.
THENCE S 89º42’40” E 793.78 FEET TO A SET ½” IRON ROD FOR A
CORNER OF THIS TRACT.
THENCE SOUTH 400.40 FEET TO A SET ½” IRON ROD FOR AN ELL
THENCE S 84º54’29” E 196.35 FEET TO A SET ½” IRON ROD FOR A
THENCE S 89º38’26 E 755.00 FEET TO A FOUND 3/8” SPIKE IN THE
WEST RIGHT OF WAY LINE OF SAID OLD DENNIS ROAD FOR THE
NORTHEAST CORNER OF THIS TRACT.
THENCE S 20º41’21” W 32.06 FEET ALONG THE WEST RIGHT OF WAY
LINE OF SAID OLD DENNIS ROAD TO THE POINT OF BEGINNING.
Page 3 of 3
Pg. 32
AGENDA REPORT
Meeting Date:
December 14, 2010
RS-121410-03
Staff Contact:
E-mail:
Phone:
Robert Hanna, Assistant City
Manager
[email protected]
817-598-4130
SUBJECT: Consider adoption of Ordinance 514-2010-52 on final reading, repealing and replacing Title V Business Regulations, Chapter 2 – Itinerant Vendors in its entirety with new language.
Over the past several months, the Police Department, Planning and Development, Parks and Recreation and the
City Manager’s Office has worked to review, refine and rewrite Chapter 2 – Itinerant Vendors of Title V –
Business Regulations in the City of Weatherford Code of Ordinances. The proposed Ordinance fundamentally
redefines the manner and practice of the regulation of Itinerant Vendors in the City of Weatherford. It promotes
a clearer textual understanding that will aid in the enforcement of this Chapter and in the regulation of Itinerant
Vendors, while at the same time promoting and encouraging the continued use of First Monday Trade Days and
other long standing events that are historically important to the community.
The following table is a brief comparison between the regulatory mechanisms used by the current ordinance and
by the proposed ordinance.
•
•
•
•
•
•
•
•
CURRENT ORDINANCE
Itinerant Vendors lawful only on an approved
site and with a valid permit.
Establishes a $50 permit fee.
Police Department is responsible for issuing
the Itinerant Vendor permit.
Code Enforcement is responsible for
permitting approved sites.
Approved sites required to pay an annual $150
permit fee.
Peddlers authorized by permit only.
Operation restricted to the hours of 9:00 AM to
sundown.
Police Department is responsible for permitting
and enforcement.
RS-121410-03
•
•
•
•
•
PROPOSED ORDINANCE
Itinerant Vendors lawful only First Monday
Trade Days grounds during a First Monday
Trade Days event.
Requires the Itinerant Vendor to follow the
same process and pay the same fees as any
other First Monday Trade Days vendor.
Permitted exceptions by the Chief of Police
include:
o Seasonal food and beverage vendors;
o Professional sporting event ticket sales;
o Other events as recommended by the
Chief of Police and authorized by the
City Council.
Peddlers authorized by permit only.
Operation restricted to the hours of 9:00 AM to
6:00 PM, Monday through Saturday. Peddlers
may not operate on the following days:
Sunday, Thanksgiving Day, Christmas Day or
Page 1 of 2
Pg. 33
•
New Year’s Day.
Police Department is responsible for permitting
and enforcement.
Both ordinances provide for general exemptions that do not regulate industries controlled elsewhere by existing
State or Federal law, nonprofit or religious activities and local farmers selling locally grown crops. Both
ordinances have language stating that do not intend to regulate, control or prohibit interstate commerce.
FINANCIAL IMPACT
The City of Weatherford does not derive a significant source of revenue from Itinerant Vendor or Peddler
permits. The proposed Ordinance is not expected to significantly decrease or increase these revenue sources.
RECOMMENDATION
The first reading of this Ordinance was unanimously approved on November 9, 2010.
Staff recommends adoption of the Ordinance as submitted.
Attachments
• Ordinance 514-2010-52
RS-121410-03
Pg. 2
34of 2
Page
AN ORDINANCE AMENDING THE WEATHERFORD CITY CODE, TITLE V –
BUSINESS REGULATIONS, CHAPTER 2 – ITINERANT VENDORS, BY
CLARIFYING APPROVED VENDOR SITE LOCATIONS, AND BY ESTABLISHING
CRITERIA FOR EXCEPTIONS, AND PERMITTING FOR TEMPORARY BUSINESS
OPERATIONS WITHIN THE CITY LIMITS OF WEATHERFORD, TEXAS
WEATHERFORD, TEXAS:
Section 1: That the Weatherford City Code, Title V, Chapter 2, is hereby amended by deleting
Chapter 2, in its entirety and replacing it with the following:
CHAPTER 2. ITINERANT VENDORS
Sec. 5-2-1. Definitions.
Itinerant vendor. Any person, firm, corporation or other entity, including any agents or
employees of any person, firm, corporation or other entity, who engages in the temporary
business of selling, offering to sell or soliciting orders for goods or services of any kind from a
fixed location within the corporate limits of the City of Weatherford, Texas.
Peddler. A person who goes from place to place within the corporate limits of the City of
Weatherford, Texas, in order to sell, offer for sale or to solicit orders for goods or services of any
kind.
Property owner. The person, firm or corporation who owns or controls any parcel of land or any
structure within the corporate limits of the City of Weatherford, Texas, from which an itinerant
vendor engages in business.
Temporary. Shall be construed to mean the conduct of business from a fixed location for which
arrangements have not been made with the property owner for a lease or rental of the property
for a term of 30 days or more.
Zoning regulations. The zoning ordinance of the City of Weatherford, Texas.
Sec. 5-2-2. Itinerant Vendors restricted.
(a) It shall be unlawful for any itinerant vendor to operate within the corporate limits of the City
of Weatherford unless such itinerant vendor operates on the First Monday Trade Days site upon
a designated First Monday Trade Days weekend and has received the required permissions and
paid the applicable fees to operate as a vendor for First Monday Trade Days from the department
responsible for coordinating and administering First Monday Trade Days operations.
Sec. 5-2-3 Peddler Permits.
(a) It shall be unlawful for any peddler to operate within the corporate limits of the city unless
such peddler has first obtained a permit from the chief of police or his designee. Such permit
Pg. 35
shall be valid only for a period of 45 days but may be issued in advance. The fee for said permit
shall be set by minute order of the City Council from to time. The permit shall specifically set
out the time period for which it is valid. In order to obtain the permit, the applicant must
complete the application form promulgated by the chief of police or his designee and pay the
applicable permit fee, which said fee will be applied to the cost associated with an investigation
by the chief of police of the applicant's identity and responsibility, as well as to determine that
the applicant proposes to engage in lawful and legitimate business within the city. In addition,
the applicant shall provide a copy of applicant's current State of Texas sales tax permit.
(b) After review of the application, the chief of police or his designee shall issue the permit if
the permit application meets the requirements of this chapter and it is reasonably determined that
the issuance of the permit will not adversely affect the public health or safety of the citizenry.
Each person engaged in the business of a peddler must obtain a permit even though employed by
the same employer.
(c) No peddler may operate within the city between the hours of 6:00 PM and 9:00 AM
Monday through Saturday or anytime on Sunday, Thanksgiving Day, Christmas Day or New
Year’s Day.
Sec. 5-2-4. Exceptions.
The following persons and organizations are excepted from the provisions hereof as specifically
set out:
(a) General Exceptions.
(1) All persons and organizations who are specifically exempted from the provisions of
local itinerant vendor and peddler ordinances pursuant to laws of the State of Texas
and/or the United States of America.
(2) All persons and organizations who are soliciting or raising funds for strictly charitable or
religious purposes shall be exempted from the payment of any fee if acting as a peddler
as defined herein, and shall be exempted from the First Monday Trade Days
requirements upon approval by the Chief of Police. In either instance a permit
authorizing such activity and issued upon a form acceptable to the Chief of Police is
required.
(3) All persons selling agricultural products which are grown on lands within Parker County
owned by them or controlled by them, and who are acting as "itinerant vendors" as
herein defined are exempted from these provisions.
(4) Peddlers who demonstrate that they have an established and ongoing clientele within the
city and who make regular deliveries of goods within the city may, upon approval of the
chief of police or his designee, be issued a permit valid for a one-year period; provided,
however, that such peddlers shall meet all other requirements as set out herein.
(5) All applicants hereunder who are not required by state law to obtain a state sales tax
permit will be exempted from the requirement hereunder to provide same.
(6) All persons who sell or exhibit for sale goods or merchandise to commercial
establishments within the city who are engaged in the business of buying, selling and
dealing in such goods or merchandise are exempted from the provisions hereof to the
Pg. 36
extent, and only to the extent, that such persons engage in the activity of selling or
exhibiting for sale goods or merchandise to such commercial establishments.
(b) Exceptions by Permit Only.
Upon application and payment of required fees, the following activities may be permitted for a
period not less than 30 days and not more than one year. Said fees shall be set by minute order of
the City Council from to time. The Chief of Police may issue the exception permit if in the
opinion of the Chief of Police the activities do not pose or create an undue risk to the health,
safety or welfare of the general public, all permit requirements are met and all fees have been
paid.
(1) Seasonal food and beverage vendors;
(2) Professional sporting event ticket sales;
(3) Other events as recommended by the Chief of Police and authorized by the City Council.
Sec. 5-2-5. Miscellaneous.
(a) Peddler permits and itinerant vendor exception permits are limited to the activities for which
such permits are issued, and one type of permit does not allow the holder thereof to conduct any
activity which would otherwise require another type of permit.
(b) The issuance of a permit hereunder does not relieve any person from the requirements of
any other provision of state or local law relating to or regulating the business activity proposed to
be conducted by the person obtaining the permit.
Sec. 5-2-6. No burden on interstate commerce.
This entire chapter is and shall be deemed and construed as an exercise of the police power of the
state and city, and for public safety and welfare, and is not intended as a burden on anyone
engaged directly in interstate commerce.
Section 2:
That this ordinance shall be cumulative of all other ordinances of the City of
Weatherford and shall not repeal any of the provisions of such ordinances, except in those
instances where provisions of such ordinances are in direct conflict with the provisions of this
ordinance.
That it is hereby declared to be the intention of the City Council that the sections,
Section 3:
paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase,
clause, sentence, paragraph or section of this ordinance shall be declared void, ineffective or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
voidness, ineffectiveness 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 City Council without the incorporation herein of any such void, ineffective or
unconstitutional phrase, clause, sentence, paragraph or section.
Section 4:
Violation of any provision of this chapter shall be punishable by a fine of not less
than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) and each day that any
violation continues shall constitute a separate offense. However, an offense related to any
Pg. 37
provision of this chapter which also constitutes an offense to state law shall be punishable in
accordance with the applicable state law.
Section 5:
The City Secretary is directed to publish this ordinance or its caption, penalty
clause and effective date, in one issue of the official city newspaper as required by Section
52.011 of the Texas Local Government Code.
Section 6:
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
The foregoing ordinance was introduced, read, approved, and passed by a vote of 4 ayes and 0
nayes by the City Council of the City of Weatherford, Texas, at its meeting on the 9th day of
November, 2010, and was read, approved, passed and adopted by a vote of __ayes and __ nayes
by the City Council of the City of Weatherford, Texas, at its meeting on the 14th day of
December, 2010.
Dennis Hooks, Mayor
ATTEST:
APPROVED AS TO FORM
Pg. 38
AGENDA REPORT
Meeting Date:
Agenda Item:
December 14, 2010
RS-121410-04
Staff Contact:
E-mail:
Phone:
Terry Hughes, Director of
Transportation & Public Works
[email protected]
817-598-4244
SUBJECT: Discuss and consider approval of Ordinance 515-2010-53, on first reading for the placement of a
"Stop Sign" for eastbound traffic on Lakeway Drive at its intersection with West Lake Drive.
Lakeway Drive is a new roadway that was constructed as part of a housing development on the west side of
Lake Weatherford. The road now forms a four-way intersection with Marina Drive, Lakeway Drive and West
Lake Drive. Westbound traffic on Marina Drive is already controlled by a "Stop Sign". A sight distance issue
for eastbound traffic on Lakeway Drive at its intersection with West Lake Drive does exist and after reviewing
the issue staff and the Transportation Advisory Board recommend the placement of a "Stop Sign" for eastbound
traffic at this intersection.
FINANCIAL IMPACT
Funds are available in the Traffic Division's sign account.
RECOMMENDATION
Staff and the Transportation Advisory Board recommend approval of ordinance 515-2010-53 for placement of a
"Stop Sign" on Lakeway Drive for eastbound traffic at its intersection with West Lake Drive.
Attachments
• Ordinance 515-2010-53
• Map of proposed stop.
RS-121410-04
Page 1 of 1
Pg. 39
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEATHERFORD, TEXAS,
AMENDING WEATHERFORD CODE OF ORDINANCES, TITLE X MOTOR VEHICLES AND
TRAFFIC, CHAPTER 3 TRAFFIC-CONTROL DEVICES, SECTION 10-3-12 SPECIFICALLY
CONTROLLED STREETS BY ADDING THERETO CERTAIN INTERSECTIONS FOR THE
ENFORCEMENT OF TRAFFIC CONTROL DEVICES ON RIGHT-OF-WAYS IN THE CITY OF
WEATHERFORD, TEXAS, PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT; AND PROVIDING A SAVINGS CLAUSE, ESTABLISHING A
PENALTY.
WEATHERFORD, TEXAS:
SECTION 1: That the Weatherford Code of Ordinances, Title X Motor Vehicles and Traffic,
Chapter 3 Traffic-Control Devices, Section 10-3-12 Specifically Controlled Streets be amended by
adding the following intersections, to-wit:
STREET
Lakeway Drive at West Lake Drive
DIRECTION
STOP
Eastbound
SECTION 2: That the traffic control signs, signals, devices and markings placed or erected
by the Police Department or the Street Department for the purpose of regulating, warning or guiding
traffic are hereby declared to be official traffic control devices at the above intersection.
SECTION 3: Any person who drives or operates any vehicle in violation of the traffic control
signs, signals, devices and markings on rights-of-way in the City of Weatherford shall be guilty of a
misdemeanor and upon conviction therefore, shall be fined in an amount not to exceed $200.00.
SECTION 4:
All ordinances and parts of ordinances in conflict with this ordinance shall
be and the same are hereby repealed to the extent of said conflict only.
SECTION 5: If any section, subsection, paragraph, sentence, clause, phrase or word of this
ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional,
such holding shall not affect the validity of the remaining portions of this ordinance, and the City
Council hereby declares that it would have passed such remaining portions despite such invalidity or
unconstitutionality and it is accordingly so ordained.
The foregoing ordinance was introduced, read, and passed by a vote of
ayes and
nayes
at a meeting of the City Council of the City of Weatherford, Texas, at its meeting held on the
day
of
, 2010; and was read, passed, approved and adopted by a vote of
ayes and
______nayes, at a meeting of the City Council of the City of Weatherford, Texas, held on the
day of
, 2010.
Dennis Hooks, Mayor
ATTEST:
APPROVED AS TO LEGAL FORM:
Pg. 40
Pg. 41
AGENDA REPORT
Meeting Date:
Agenda Item:
December 14, 2010
RS-121410-05
Staff Contact:
E-mail:
Phone:
[email protected]
817-598-4244
SUBJECT: Discuss and consider approval of Ordinance 516-2010-54, on first reading for the placement of
"All-Way Stop Signs" at the intersection of West BB Fielder Road and Tin Top Road.
The newly formed four-way intersection of West BB Fielder Road and Tin Top Road will be fully operational
within the next few weeks. The design engineer recommends that the intersection be controlled with "All-Way
Stop Signs".
FINANCIAL IMPACT
Costs of the signs are included in the contractors bid price.
RECOMMENDATION
Staff recommends approval of Ordinance 516-2010-54 for placement of "All-Way Stop Signs" at the
intersection of West BB Fielder Road and Tin Top Road.
Attachments
• Ordinance 516-2010-54
• Map of proposed stops.
RS-121410-05
Page 1 of 1
Pg. 42
PENALTY.
WEATHERFORD, TEXAS:
STREET
DIRECTION
West BB Fielder Road at Tin Top Road
STOP
Eastbound
West BB Fielder Road at Tin Top Rod
STOP
Westbound
Tin Top Road at West BB Fielder Road
STOP
Southbound
Tin Top Road at West BB Fielder Road
STOP
Northbound
SECTION 4:
ayes and
nayes
day
of
ayes and
day of
, 2010.
Dennis Hooks, Mayor
ATTEST:
Pg. 43
Pg. 44
Pg. 45
AGENDA REPORT
Meeting Date:
Agenda Item:
December 14, 2010
RS-121410-06
Staff Contact:
E-mail:
Phone:
[email protected]
817-598-4244
SUBJECT: Discuss and consider approval of Ordinance 517-2010-55, on first reading for the placement of a
"Stop Sign" for southbound traffic on Fuller Street at its intersection with West BB Fielder Road.
This section of Fuller Drive and West BB Fielder is now open to traffic. The design engineer recommends the
placement of a "Stop Sign" for southbound traffic on Fuller Road at its intersection with West BB Fielder Road.
FINANCIAL IMPACT
Cost is included in the contractors bid price.
RECOMMENDATION
Staff recommends approval of ordinance 517-2010-55 for placement of a "Stop sign" for southbound traffic on
Fuller Drive at its intersection with West BB Fielder Road.
Attachments
• Ordinance 517-2010-55
RS-121410-06
Page 1 of 1
Pg. 46
PENALTY.
WEATHERFORD, TEXAS:
STREET
Fuller Road at West BB Fielder Road
DIRECTION
STOP
Southbound
SECTION 4:
ayes and
nayes
day
of
ayes and
day of
, 2010.
Dennis Hooks, Mayor
ATTEST:
Pg. 47
Pg. 48
AGENDA REPORT
Meeting Date:
Agenda Item:
December 14, 2010
RS-121410-07
Staff Contact:
E-mail:
Phone:
[email protected]
817-598-4244
SUBJECT: Discuss and consider approval of Ordinance 518-2010-56 for the placement of "Stop Sign" for
west bound traffic at the intersection of West BB Fielder Road with FM Highway 1884.
The construction of BB Fielder road is near completion and the design engineer recommends the placement of a
"Stop Sign" for west bound traffic entering the intersection from BB Fielder. Eastbound traffic on BB Fielder is
already controlled by a "Stop Sign". North and south bound traffic on FM Highway 1884 will be free flowing.
FINANCIAL IMPACT
Cost is included in the contractors’ bid price.
RECOMMENDATION
Staff recommends approval of ordinance 518-2010-56.
Attachments
• Ordinance 518-2010-56
RS-121410-07
Page 1 of 1
Pg. 49
PENALTY.
WEATHERFORD, TEXAS:
STREET
West BB Fielder Road at Bethel Road
DIRECTION
STOP
Westbound
SECTION 4:
ayes and
nayes
day
of
ayes and
day of
, 2010.
Dennis Hooks, Mayor
ATTEST:
Pg. 50
Pg. 51
AGENDA REPORT
Meeting Date:
Agenda Item:
December 14, 2010
RS-121410-08
Initiated By:
Planning & Zoning Board
SUBJECT:
Final reading of Ordinance 511-2010-49, approving a Municipal Code Amendment to
Title XII of the Weatherford Municipal Code pertaining to the City’s Zoning Code.
Staff Contact:
E-mail:
Phone:
Don Stephens, Director
[email protected]
817-598-4203
STAFF REPORT:
A request has been initiated wherein the Planning & Development Department is requesting approval of
a Municipal Code Amendment to Title XII of the Weatherford Municipal Code pertaining to the City’s
Zoning Code. The reason for the request is to simplify and create a more cohesive zoning code.
ZONING:
Not Applicable
ANALYSIS:
Over the last couple of years, staff has been working with Larry Reichart of Springbrook in a
comprehensive review, analysis and revision of the current zoning regulations for the City of
Weatherford. As a result of those efforts, staff has prepared a revised zoning ordinance for
consideration. On February 23, 2010, the Planning & Development Department presented the concept
plan for rewriting Title XII of the Weatherford Municipal Code. As part of the review process, staff
asked Mr. Reichart to present a short summary of the thoughts and processes that have gone into the
revision of the zoning ordinances. In addition, staff presented a summary of the processes required for
public hearing, receipt of public input, review and recommendation by the Planning and Zoning Board,
and approval by City Council. Receiving the support of the Mayor, Council and the Planning & Zoning
Board, on March 10, 2010, the Planning & Development Department presented its initial draft of the
Title XII rewrite.
PREVIOUS COUNCIL / BOARD ACTION:
The item was reviewed at public hearing before the Planning and Zoning Board on March 10, 2010,
March 24, 2010, April 14, 2010, April 28, 2010, May 12, 2010, May 26, 2010, June 9, 2010, June 23,
2010, July 14, 2010, July 28, 2010, August 11, 2010, August 25, 2010, September 22, 2010 and October
13, 2010. By a vote of 6 – 0, the Planning and Zoning Board has recommended approval of the
Municipal Code Amendment.
RS-121410-08
Page 1 of 2
Pg. 52
The item was reviewed at public hearing before City Council on November 9, 2010. By a vote of 2 – 1,
City Council has approved the Municipal Code Amendment on first reading.
STAFF RECOMMENDATION:
Staff supports the recommendation of the Planning and Zoning Board.
ATTACHMENTS:
• Ordinance 511-2010-49
RS-121410-08
Page 2 of 2
Pg. 53
AN ORDINANCE ADOPTING A COMPREHENSIVE ZONING
ORDINANCE FOR THE CITY OF WEATHERFORD, TEXAS;
ESTABLISHING
ZONING
DISTRICTS;
REGULATING
AND
RESTRICTING THE LOCATION AND USE OF BUILDINGS,
STRUCTURES AND LAND FOR RESIDENTIAL, COMMERCIAL,
INDUSTRIAL, AND OTHER PURPOSES, THE DENSITY OF
POPULATION,
THE
ERECTION,
CONSTRUCTION,
RECONSTRUCTION, ALTERATION, REPAIR AND USE OF
BUILDINGS, STRUCTURES AND LAND WITHIN SUCH DISTRICTS,
INCLUDING THE HEIGHT, NUMBER OF STORIES, SIZE AND
APPEARANCE OF BUILDINGS AND OTHER STRUCTURES;
REGULATING LANDSCAPING AND THE SIZE OF YARDS AND
OTHER OPEN SPACES; PROVIDING PARKING REQUIREMENTS;
PROVIDING FOR THE REGULATION OF NONCONFORMING USES;
ADOPTING AN OFFICIAL ZONING MAP; PROVIDING FOR THE
ISSUANCE OF CERTIFICATES OF OCCUPANCY AND BUILDING
PERMITS; DEFINING CERTAIN WORDS AND PROVIDING FOR THE
INTERPRETATION OF THE ORDINANCE; PROVIDING FOR
AMENDMENTS AND CHANGES; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND
REPEALING ORDINANCE NO. 2003-48, AS AMENDED; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR ENFORCEMENT OF
THIS ORDINANCE AND PRESCRIBING PENALTIES FOR
VIOLATIONS OF THE PROVISIONS OF THIS ORDINANCE;
PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING
FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Weatherford, Texas is a home rule city acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
9 of the Texas Local Government Code; and
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a Comprehensive Zoning Ordinance and map regulating the location and use
of buildings, structures, and land for business, industry, residence and other purposes, and to
amend said ordinance and said map for the purpose of promoting the public health, safety,
morals and general welfare, all in accordance with a Comprehensive Plan; and
WHEREAS, the City Council of the City of Weatherford deems it necessary in order to
lessen congestion on streets; to secure safety from fire, panic, and other dangers; to promote
health, safety and the general welfare; to provide adequate light and air; to prevent the
overcrowding of land; to avoid undue concentration of population; to facilitate the adequate
provision of transportation, water, sewers, schools, parks and other public requirements; to
conserve the value of property and encourage the most appropriate use of land throughout the
City, that this Ordinance should be passed, promulgated and enforced; and
Pg. 54
WHEREAS, the City Council deems the provisions of the present Comprehensive
Zoning Ordinance (being Ordinance No. 2003-48, as amended) inadequate, by reason of
changing conditions since its passage, to accomplish the foregoing objectives, and that said
Ordinance No. 2003-48, as amended, should be repealed by the adoption of this Ordinance; and
WHEREAS, the City’s Planning and Zoning Commission held public hearings on March
10, 2010, March 24, 2010, April 14, 2010, April 28, 2010, May 12, 2010, May 26, 2010, June 9,
2010, June 23, 2010, July 14, 2010, July 28, 2010, August 11, 2010, August 25, 2010, September
22, 2010 and October 13, 2010, with regard to the adoption of this Comprehensive Zoning
Ordinance and has recommended the boundaries of the zoning districts and regulations as herein
contained after due notice to all owners of property affected by changes from the previous
zoning regulations, as required by law; and
WHEREAS, it was determined by the Commission, as a result of the Commission’s
hearings, that properties currently classified as AG Agricultural [Minimum 1-Acre Lot] and SFRR Single Family Rural Residential [Minimum 1-Acre Lot] shall henceforth be designated as
AG Agricultural; and properties currently classified as SF-20 Single Family Estate Residential
District [Minimum 20,000 S.F. Lot] and SF-11 Single Family Residential [Minimum 11,000 S.F.
Lot] shall henceforth be designated as RE Residential Estate; and properties currently classified
as SF-L Single Family Residential [Licensed Lake Lots] shall henceforth be designated RL
Residential Lake Lots; and properties currently classified as SF-8.4 Single Family Residential
[Minimum 8,400 S.F. Lot] and SF-6.5 Single Family Residential [Minimum 6,500 S.F. Lot]
shall henceforth be classified as R1 One-Family Residential; and properties currently classified
as SF-PH Single Family Residential [Patio Homes (Zero Lot Line)], SF-TH Single Family
Residential [Attached (Townhome)] and 2-F Two-Family Residential shall henceforth be
designated R2 Two-Family Residential; and properties currently classified as MF-1 MultiFamily One Residential and MF-2 Multi-Family Two Residential shall henceforth be designated
R3 Multifamily Residential; and properties currently classified as CBD Central Business District
shall remain unchanged; and properties currently classified as NS Neighborhood Service, GR
General Retail, C Commercial and LI Light Industrial shall henceforth be classified as C1
Commercial; and properties currently classified as I Interstate shall henceforth be classified as
C2 Commercial/Interstate; and properties currently classified as HI Heavy Industrial shall
henceforth be classified as I Industrial; and properties currently classified as MU Mixed Use and
PD Planned Development shall be classified as PD Planned Development; and
WHEREAS, the City Council has given published notice and held a public hearing on
November 9, 2010, with respect to the adoption of this Comprehensive Zoning Ordinance, as
required by law; and
WHEREAS, the Planning and Zoning Commission and City Council considered, among
other things, the character of zoning districts created hereunder and their peculiar suitability for
the particular uses allowed therein.
WHEREAS, the City Manager needs authority to allow for alternative means and
methods of compliance with the Weatherford Municipal Code, when special circumstances are in
place, and when such allowances are not in violation of any state or federal law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WEATHERFORD, TEXAS:
Pg. 55
SECTION 1.
The City of Weatherford Zoning Ordinance No. 511-2010-49 attached hereto as Exhibit
A, is hereby adopted.
SECTION 2.
Section 1-8-5 of the City of Weatherford Municipal Code is hereby amended by adding a
new paragraph 1-8-5(q) and renumbering the current paragraph 1-8-5(q), so that paragraphs 1-85(q) and 1-8-5(r) shall hereafter read as follows:
(q) When not in violation of any State of Texas or
Federal Law, and as necessary or expedient for the
conduct of administrative departments to address
special circumstances that may arise, the City Manager
may, by way of written authorization to any department
of the city, approve alternative means or methods of
compliance with the City of Weatherford Municipal
Code.
(r) Perform such other duties as may be required by
the governing body not inconsistent with the federal
and state laws, City Charter and the provisions of
this Code.
SECTION 3.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of
Ordinances of the City of Weatherford, Texas, as amended, except where the provisions of this
ordinance are in direct conflict with the provisions of such ordinances and such Code, in which
event the conflicting provisions of such ordinances and such Code are hereby repealed.
Ordinance No. 2003-48 and Ordinance No. 87-20 are specifically repealed.
SECTION 4.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 5.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined, upon conviction, not more than Two Thousand Dollars ($2,000.00) for each offense. Each
day that a violation is permitted to exist shall constitute a separate offense.
SECTION 6.
All rights or remedies of the City of Weatherford, Texas are expressly saved as to any
Pg. 56
and all violations of Ordinance No. 2003-48 or any other ordinance affecting zoning that have
accrued at the time of the effective date of this ordinance; and as to such accrued violations and
all pending litigation, both civil and criminal, whether pending in court or not, same shall not be
affected by this ordinance but may be prosecuted until final disposition by the courts.
SECTION 7.
The City Secretary of the City of Weatherford is hereby authorized to publish this
ordinance in book or pamphlet form for general distribution among the public, and the operative
provisions of this ordinance as so published shall be admissible in evidence in all courts without
further proof than the production thereof.
SECTION 8.
The City Secretary of the City of Weatherford is hereby directed to publish in the official
newspaper of the City of Weatherford the caption, penalty clause and effective date clause of this
ordinance as provided by the Charter of the City of Weatherford.
SECTION 9.
This ordinance shall be in full force and effect from and after its passage and publication
as required by law, and it is so ordained.
PASSED AND APPROVED this _____ day of ___________, 20___.
ATTEST:
City Secretary
Mayor
City Attorney
Pg. 57
Exhibit A
Page
Title XII ZONING ORDINANCE
Chapter 1. Enacting Provisions ..................................................................................................3
Sec. 12-1-1. Title and purpose. ......................................................................................................3
Sec. 12-1-2. Zoning district map. ...................................................................................................3
Sec. 12-1-3. Zoning district boundaries. ........................................................................................3
Sec. 12-1-4. Compliance required and application of regulations. ................................................4
Sec. 12-1-5. Definitions. .................................................................................................................5
Chapter 2. Zoning Procedures and Administration ...............................................................15
Sec. 12-2-1. Zoning upon annexation. .........................................................................................15
Sec. 12-2-2. Nonconforming uses and structures. .......................................................................16
Sec. 12-2-3. Amendments to Zoning Ordinance and districts, administrative procedures, and
enforcement....................................................................................................................................20
Sec. 12-2-4. Administration and enforcement. ............................................................................24
Sec. 12-2-5. Building permits; certificates of occupancy and compliance. .................................24
Chapter 3. Zoning Districts .......................................................................................................24
Sec. 12-3-1. Zoning districts established. ....................................................................................24
Sec. 12-3-2. AG Agricultural. ......................................................................................................25
Sec. 12-3-3. RE Residential Estate. .............................................................................................27
Sec. 12-3-4. RL Residential Lake Lots. .......................................................................................28
Sec. 12-3-5. R1 One-Family Residential. .....................................................................................30
Sec. 12-3-6. R2 Two-Family Residential. ...................................................................................31
Sec. 12-3-7. R3 Multifamily Residential. ....................................................................................32
Sec. 26. Historic overlay district. ..................................................................................................34
Sec. 12-3-8. CBD Central Business District. ...............................................................................59
Sec. 12-3-9. C1 Commercial. .......................................................................................................63
Sec. 12-3-10. C2 Commercial/Interstate. .....................................................................................65
Sec. 12-3-11. I Industrial. ............................................................................................................66
Sec. 12-3-12. Overlay and special districts. .................................................................................69
Chapter 4. Reserved. ..................................................................................................................76
Chapter 5. Development Standards .........................................................................................76
Sec. 12-5-1. Accessory building and use regulations. .................................................................76
Sec. 12-5-2. Exterior construction and design requirements. ......................................................77
Sec. 12-5-3. Home occupations regulations. ...............................................................................80
Sec. 12-5-4. Off-street parking and loading requirements. ..........................................................81
Pg. 58
Sec. 12-5-5. Landscape/screening requirements. .........................................................................89
Sec. 12-5-6. Performance standards. ............................................................................................95
Sec. 12-5-7. Sign regulations. ......................................................................................................99
Sec. 12-5-8. Supplemental regulations. .....................................................................................125
Sec. 12-5-9. Sexually oriented businesses. ................................................................................134
Chapter 6. Penalties and Nonconformities ............................................................................125
Sec. 12-6-1. Effect of interpretation. .........................................................................................158
Sec. 12-6-2. Preserving rights in pending litigation and violations under existing ordinances. 158
Sec. 12-6-3. Offenses, penalty and enforcement procedures. ....................................................158
Page 2 of 160
Pg. 59
Chapter 1. Enacting Provisions
Sec. 12-1-1. Title and purpose.
This Ordinance shall be known and may be cited as the City of Weatherford "Zoning
Ordinance".
As authorized by Chapter 211 of the Texas Local Government Code, the zoning regulations and
districts as herein established have been made in accordance with an adopted comprehensive
plan for the purpose of promoting the public health, safety, morals and general welfare, and
protecting and preserving places and areas of historical, cultural and/or architectural importance
and significance within the City. They have been designed to lessen the congestion in the streets;
to secure safety from fire, panic and other dangers; to ensure adequate light and air; to prevent
the overcrowding of land and thus avoid undue concentration of population; and to facilitate the
adequate provision of transportation, water, wastewater treatment, schools, parks and other
public requirements. They have been made with reasonable consideration, among other things,
for the character of each zoning district and its peculiar suitability for the particular uses
specified; and with a view to conserving the value of buildings and encouraging the most
appropriate use of land throughout the City.
Sec. 12-1-2. Zoning district map.
(a) The City is hereby divided into zones, or districts, and the boundaries of zoning districts
set out herein are delineated upon the zoning district map of the City, which may also be
cited as the "Zoning Map", said map being adopted as a part of this Ordinance as fully as if
the same were set forth herein in detail.
(b) One (1) original of the zoning district map shall be filed in the office of the City
Secretary and labeled as "Official Zoning Map of the City of Weatherford, Texas." This copy
shall be the official zoning district map. In case of any question, this copy, together with
amending ordinances, shall be controlling.
(c) A copy of the Zoning Map shall be placed in the office of the City Manager. The map
copy shall be used for reference and shall be maintained up-to-date. Reproductions for
informational purposes may only be made of the official zoning district map or this copy.
(d) The Zoning Map may be amended from time to time by the adoption of an ordinance
amending this Ordinance. The Zoning Map shall be periodically updated to reflect these
amendments. In the event of a discrepancy between the Zoning Map and an amending
ordinance, the amending ordinance shall control.
Sec. 12-1-3. Zoning district boundaries.
The zoning district boundary lines shown on the Zoning Map are usually along streets, alleys,
property lines, or extensions thereof. Where uncertainty exists as to the boundaries of districts as
shown on the Zoning Map, the following rules shall apply:
(a) Boundaries shown as approximately following platted lot lines shall be construed as
following such lot lines.
(b) Boundaries shown as approximately following city limits shall be construed as
following such city limits.
Page 3 of 160
Pg. 60
(c) Boundaries shown as following shorelines shall be construed to follow such shorelines,
and in the event of change in the shoreline shall be construed as moving with the actual
shoreline.
(d) Boundaries shown as parallel to, or extensions of, features described in this Section shall
be so construed. Distances not specifically indicated on the Zoning Map shall be determined
by the scale of the map.
(e) Whenever any street, alley or other public way is vacated by official action of the City
Council, or whenever such area is franchised for building purposes, the zoning district line
adjoining each side of such street, alley or other public way shall be automatically extended
to the centerline of such vacated street, alley or public way and all areas so involved shall
then and henceforth be subject to all regulations of the extended districts.
(f) Where physical features on the ground are at variance with information shown on the
Zoning Map, or if there arises a question as to how or whether a parcel of property is zoned
and such question cannot be resolved by the application of this Section, then the Board of
Adjustment shall interpret the zoning district boundaries.
(g) If the zoning of property is invalidated by a judgment of a court of competent
jurisdiction, the property shall be considered classified as "AG" (Agricultural) in the same
manner as provided for newly annexed territory.
(h) Zoning changes which are still valid and which were made between the effective date of
the previous Zoning Ordinance (Ordinance No. 2003-48, as amended), adopted on October
28, 2003, and the effective date of this Ordinance are indicated in approximate locations on
the Zoning Map. For exact legal descriptions, refer to the adopting ordinances for each
particular zoning change.
Sec. 12-1-4. Compliance required and application of regulations.
(a) All land, buildings, structures or appurtenances thereon located within the City which are
hereafter occupied, used, constructed, erected, removed, placed, demolished, and/or
converted shall be occupied, used, erected, altered, removed, placed, demolished and/or
converted in conformance with the zoning regulations prescribed for the zoning district in
which such land or building is located, as hereinafter provided, or such shall be subject to
penalties as per this Ordinance. All of the standards and regulations prescribed herein shall
be considered as the minimum requirements unless explicitly stated otherwise.
(b) No uses shall be allowed which are prohibited by state or federal law or which operate in
excess of state or federal environmental, pollution or performance standards as determined
by the U.S. Environmental Protection Agency (EPA), Texas Air Control Board (TACB),
Texas State Department of Health (TSDH), Texas Commission on Environmental Quality
(TCEQ), Federal Aviation Administration (FAA), Federal Communications Commission
(FCC), or any other applicable state or federal agency, as the case may be.
(c) No lot upon which a building has been erected shall later be so reduced in area that the
setbacks, yards and/or open spaces shall be smaller than those required by this Ordinance,
nor shall a part of a yard or other open space required by this Ordinance for any building/lot
Page 4 of 160
Pg. 61
be included as a part of a yard or other open space similarly required for another
building/lot.
Sec. 12-1-5. Definitions.
For the purpose of these regulations, certain terms and words are to be used and interpreted as
defined hereinafter. Words used in the present tense shall also include the future tense; words
used in the masculine gender shall also include the feminine gender; words used in the singular
number shall also include the plural number; and words in the plural number shall also include
the singular number, except where the natural construction of the writing indicates otherwise.
The word "shall" is mandatory and not directory. For any term or use not defined herein,
Webster's Dictionary (latest edition) shall be used.
Accessory dwelling. A separate living unit, detached from the primary structure, complete with
kitchen, bathroom and sleeping facilities.
Accessory structure. A structure located on the same premise that is customarily incidental,
detached and subordinate to the primary structure or use.
Accessory use. A use that is customarily incidental, appropriate and subordinate to the principal
use of land or building(s).
Agriculture. The use of any tract of land for the production of animal or vegetable life; uses
include, but are not limited to, the pasturing, grazing, and watering of livestock and the cropping,
cultivation, and harvesting of plants.
Airport or landing field. A place where aircraft can land and take off generally equipped with
hangars, facilities for aircraft refueling and repair, and various accommodations for passengers.
Alley. A minor right-of-way that is dedicated to public use and which affords a secondary means
of vehicular access to the back or side of properties otherwise abutting a street, and which may
be used for public utility purposes.
Amusement services. A commercial facility that includes, but is not limited to, bowling alleys,
movie theatres, music halls, indoor skating rinks, video arcades, pool and billiard halls,
shuffleboard courts, baseball hitting ranges, miniature golf, golf driving ranges and shooting
arcades.
Appliance repair. The servicing of a piece of equipment, usually operated electrically, especially
for use in the home or for performance of domestic chores, such as a refrigerator, washing
machine, or toaster.
Applicant. The owner of record of a property, the agent or lessee thereof with the approval of the
owner of record in a notarized form, or a person holding a bona fide contract to purchase the
property with approval of the property owner (or their authorized representatives).
Art gallery or museum. An institution for the collection, display and/or distribution of objects of
art or science, and which is typically sponsored by a public or quasi-public agency and generally
open to the public.
Assisted living facility. An establishment that furnishes, in one (1) or more facilities, food and
shelter to four (4) or more persons who are unrelated to the proprietor of the establishment
and provides personal care services pursuant to Chapter 247, Texas Health and Safety Code.
Page 5 of 160
Pg. 62
Bed and breakfast/boarding house. A dwelling arranged or used for lodging for compensation,
with or without meals.
Building. Any structure used or intended for supporting or sheltering any use or occupancy.
Building height. The vertical distance from grade plane to the average height of the highest roof
surface.
Building line. The line established by law, beyond which a building shall not extend, except as
specifically provided by law.
Building, main or primary. A building in which the principal use of the lot on which it is
situated is conducted. In a residential district any dwelling shall be deemed to be a main building
on the lot on which it is situated.
Building official. The officer or other designated authority (or his/her designee) charged with the
administration and enforcement of the Building Code.
Building permit. Written authorization as required by the current Building Code, issued by the
Building Official, for the erection, construction, reconstruction, alteration, repair, conversion,
demolition, moving or maintenance of any building, structure or improvement to a given lot or
tract of land or portion thereof, and which allows construction to proceed in accordance with
construction documents approved by the Building Official.
Camp grounds. An area of non-residentially zoned land on which accommodations for
temporary occupation are located or may be placed. This includes, but is not limited to tents and
recreational vehicles.
Car wash. A place or business equipped for washing cars and other motor vehicles.
Carport. A structure that is open on a minimum of two (2) sides and designed or used to shelter
not more than three (3) vehicles and not to exceed twenty-four (24) feet on its longest dimension.
Also called "covered parking area."
Cemetery or mausoleum. A place that is used or intended to be used for interment, and includes
a graveyard, burial park, or mausoleum pursuant to Chapter 711, Texas Health and Safety Code.
Cemetery, pet. Same as cemetery except intended for interment of dead animals.
Certificate of occupancy. An official certificate issued by the City through the Building Official
which indicates conformance with the zoning regulations and building codes and which
authorizes legal use of the premises for which it is issued.
Child care facility. A facility licensed, certified, or registered by the department to provide
assessment, care, training, education, custody, treatment, or supervision for a child who is not
related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of
the twenty-four (24) hour day, whether or not the facility is operated for profit or charges for the
services it offers.
Church/Place of worship. An institution that people regularly attend to participate in or hold
religious services, meetings, or other activities. This term does not carry a secular connotation
and includes the buildings or other locations in which the religious services of any denomination
are held.
Page 6 of 160
Pg. 63
City. The City of Weatherford, Texas.
City Council. The governing body of the City.
City Manager. The City Manager of the City or his/her designee.
Civic center. A building or group of buildings containing administrative offices for the
operations of local government that is 1) owned and operated by the City of Weatherford and 2)
used predominantly for office and meeting space for local government and/or community
activities.
Community home. Community-based residential home pursuant to Chapter 123, Texas Human
Resource Code.
Community service. A facility that is designed for the benefit of the public or its institutions
including but not limited to community centers, libraries, post offices, governmental agencies,
etc.
Comprehensive plan. Document adopted by the city that consists of graphic and textual policies
which govern the future development of the city and which consists of various components
governing specific geographic areas and functions and services of the city.
Continuing care facility. A place in which a person provides continuing care to an individual
pursuant to Chapter 246, Texas Health and Safety Code.
Convalescent and nursing homes and related institutions. An establishment that furnishes, in
one (1) or more facilities, food and shelter to four (4) or more persons who are unrelated to the
proprietor of the establishment and provides minor treatment under the direction and supervision
of a physician licensed by the Texas State Board of Medical Examiners, or other services that
meet some need beyond the basic provision of food, shelter, and laundry pursuant to Chapter
242, Texas Health and Safety Code.
Country club (private). A land area and buildings which may include a golf course, clubhouse,
dining room, swimming pool, tennis courts and similar recreational or service uses available only
to members and their guests.
Court. An open, unobstructed space, bounded on more than two (2) sides by the walls of a
building. An inner court is entirely surrounded by the exterior walls of a building. An outer court
has one (1) side open to a street, alley, yard, or other permanent open space.
Density. The total number of residential buildings allowed upon a given tract of land usually
expressed in total number of units per gross acres or net acre.
Detached. Having no physical connection above the top of the floor line of the first floor with
any other building or structure.
Director of Planning and Development. The City official appointed by the City Manager to
administer and interpret the provisions of this Ordinance, or his/her designee.
Dwelling. Any building or portion thereof, which is designed or used exclusively for residential
purposes.
Dwelling, multifamily. A building or portion of a building having suitable accommodations for
three (3) or more families, living independently of each other, who may or may not have joint
Page 7 of 160
Pg. 64
uses of utilities, halls, yards, etc. This term includes premises occupied more or less
permanently for residential purposes in which rooms are occupied in apartments, suites or
groups, such as apartments, dormitories, lodginghouses, roominghouses, and all the dwellings
similarly occupied.
Dwelling, multiple single-family. See “townhouse”.
Dwelling, one-family. A detached building used exclusively for residential purposes having
suitable accommodations for only one (1) family.
Dwelling, two-family. A detached building used exclusively for residential purposes and
designed for or occupied by two (2) families living independently of each other.
Easement. A grant of one (1) or more of the property rights by the property owner to and/or for
the use by the public, a corporation or another person or entity.
Educational facilities. Public and private primary, secondary and post-secondary educational
facilities offering instruction in the branches of learning and study required to be taught by the
Texas Education Agency; and such federally funded educational programs for preschool children
as the Head Start Program.
Entertainment. Includes shows, plays, skits, musical revues, children’s theater, dance
productions, public dance, musical concerts, opera and the production or provision of sights or
sounds or visual or auditory sensations which are designed to or may divert, entertain or
otherwise appeal to members of the public who are admitted to a place of entertainment, which is
produced by any means, including radio, television, video reproduction, piano, orchestra or band
or any other musical instrument, slide or movie projector, spotlights, or interruptible or flashing
light devices and decoration.
Exhibition hall. A large civic building or group of buildings designed for conventions, industrial
shows, and the like, having large unobstructed exhibit areas and often including conference
rooms, hotel accommodations, restaurants, and other facilities.
Exploration and extraction. Searching and removal of minerals by geological, geophysical,
geochemical or other techniques including sampling, assaying, drilling, or any surface or
underground works needed to determine the type, extent, or quantity of minerals present.
Fair grounds/rodeo grounds or exhibition area. An area or space either outside or within a
building for the display of topic-specific goods or information.
Family. One (1) or more persons related by blood, marriage, or adoption; or a group not to
exceed four (4) persons not all related by blood or marriage, adoption or guardianship, occupying
a dwelling unit.
Family home. A home that provides regular care in the caretaker's own residence for not more
than six (6) children under fourteen (14) years of age, excluding children who are related to the
caretaker, and that provides care after school hours for not more than six (6) additional
elementary school children, but the total number of children, including children who are related
to the caretaker, does not exceed twelve (12) at any given time. The term does not include a
home that provides care exclusively for any number of children who are related to the caretaker
pursuant to Chapter 42, Texas Human Resources Code.
Page 8 of 160
Pg. 65
Fraternal organization, lodge, civic club, or union. An organized group having a restricted
membership and specific purpose related to the welfare of the members such as Elks, Masons,
Knights of Columbus, or a labor union.
Funeral home. A place for the storage of human bodies prior to their burial or cremation, or a
building used for the preparation of the deceased for burial and the display of the deceased and
ceremonies connected therewith before burial or cremation.
Golf course. An area improved with trees, greens, fairways, hazards, and which may include
clubhouses, for the purpose of recreation and sport.
Heavy load vehicle. A self-propelled vehicle having a manufacturer's recommended Gross
Vehicle Weight (GVW) of greater than sixteen thousand (16,000) pounds (including trailers).
The term "truck" shall be construed to mean "Heavy Load Vehicle" unless specifically stated
otherwise.
Heavy manufacturing. A use engaged in the basic processing and manufacturing of materials, or
products predominantly from extracted raw materials or a use engaged in the storage of or
manufacturing processes using flammable or explosive materials or storage of processes that
potentially involve hazardous or commonly recognized offensive conditions.
Heliport. An area of land or water or a structural surface which is used, or intended for use, for
the landing and taking off of helicopters, and any appurtenant areas which are used, or intended
for use for heliport buildings and other heliport facilities.
Helistop. The same as a heliport, except that no refueling, maintenance, repairs or storage of
helicopters is permitted.
Home health service. The provision of one (1) or more of the following health services required
by an individual in a residence or independent living environment:
(a) nursing, including blood pressure monitoring and diabetes treatment;
(b) physical, occupational, speech, or respiratory therapy;
(c) medical social service;
(d) intravenous therapy;
(e) dialysis;
(f) service provided by unlicensed personnel under the delegation or supervision of a
licensed health professional;
(g) the furnishing of medical equipment and supplies, excluding drugs and medicines; or
(h) nutritional counseling.
Home occupation. An occupation carried on in a dwelling unit, or in an accessory building to a
dwelling unit, by a resident of the premises, which occupation is clearly incidental and secondary
to the use of the premises for residential purposes.
Hospice. A person licensed under Chapter 142, Texas Health and Safety Code, to provide
hospice services, including a person who owns or operates a residential unit or an inpatient unit.
Page 9 of 160
Pg. 66
Hospice services. Services, including services provided by unlicensed personnel under the
delegation of a registered nurse or physical therapist, provided to a client or a client's family as
part of a coordinated program consistent with the standards and rules adopted under this
Ordinance. These services include palliative care for terminally ill clients and support services
for clients and their families that:
(a) are available twenty-four (24) hours a day, seven (7) days a week, during the last stages
of illness, during death, and during bereavement;
(b) are provided by a medically directed interdisciplinary team; and
(c) may be provided in a home, nursing home, residential unit, or inpatient unit according to
need. These services do not include inpatient care normally provided in a licensed
hospital to a terminally ill person who has not elected to be a hospice client.
Hospital. An establishment that offers services, facilities, and beds for use for more than twentyfour (24) hours for two (2) or more unrelated individuals requiring diagnosis, treatment, or care
for illness, injury, deformity, abnormality, or pregnancy and that regularly maintains, at a
minimum, clinical laboratory services, diagnostic X-ray services, treatment facilities including
surgery or obstetrical care or both, and other definitive medical or surgical treatment of similar
extent pursuant to Chapter 241, Texas Health and Safety Code.
Hotel. A building containing guest rooms, rented for less than thirty (30) days and designed to
be used for sleeping purposes, which provides a common entrance, lobby, halls and stairways.
HUD-code manufactured home. A structure 1) constructed on or after June 15, 1976, according
to the rules of the United States Department of Housing and Urban Development 2) built on a
permanent chassis 3) designed for use as a dwelling with or without a permanent foundation
when the structure is connected to the required utilities 4) transportable in one or more sections
5) in the traveling mode, is at least eight (8) body feet in width or at least forty (40) body feet in
length or, when erected on site, at least three hundred twenty (320) square feet 6) includes the
plumbing, heating, air conditioning, and electrical systems of the home, and 7) does not include a
recreational vehicle as defined by 24 C.F.R. Section 3282.8(g) pursuant to Chapter 1201, Texas
Occupations Code.
Industrial, manufacturing. Establishments engaged in the manufacturing or transformation of
materials into new products. These establishments are usually described as plants and factories,
and characteristically use power driven machines and materials handling equipment.
Manufacturing production is usually carried on for the wholesale market, rather than for direct
sale to the domestic consumer.
Industrialized housing. A structure or building module constructed, under the jurisdiction and
control of the Texas Department of Labor and Standards and that is installed and used as a
residence by a consumer, transportable in one or more sections on a temporary chassis or other
conveyance device, and designed to be used on a permanent foundation system. The term
includes the plumbing, heating, air-conditioning, and electrical systems contained in the
structure. The term does not include a mobile home as defined in the Texas Manufactured
Housing Standards Act (Chapter 1201, Texas Occupations Code); nor does it include building
modules incorporating concrete or masonry as the primary structural component.
Page 10 of 160
Pg. 67
Kiosk. A small stand-alone structure, with one (1) or more open sides, that is used to vend
merchandise or services, or for providing information, either by posting, or on a computer
screen.
Landscaping. Grass, trees, shrubs, vines, ground cover or flowers planted and maintained to
enhance appearance of a development. Landscaping may include non-botanical features, such as
walks, fountains, reflecting pools, art works, rain gardens and stormwater management features.
Light load vehicle. A self-propelled vehicle having a manufacturer's recommended gross vehicle
weight (GVW) not greater than sixteen thousand (16,000) pounds and having no more than two
(2) axles.
Light manufacturing. Manufacturing of finished products or parts, predominantly from
previously prepared materials, including fabrication, assembly, and packaging of such products,
and incidental storage, sales and distribution of such products, but excluding basic industrial
processing.
Lot. A platted (as specified in Chapter 212 of the Texas Local Government Code) parcel of land
that is occupied or intended to be occupied by one (1) main building (or a group of main
buildings) and any accessory building(s), which includes such parking, landscaping and open
space as are required by this Ordinance or other laws and/or ordinances, and also which has its
principal frontage upon a public street.
Lot area. The total area, measured on a horizontal plane, included within lot lines.
Lot, corner. A lot which has at least two (2) adjacent sides abutting for their full lengths upon a
street, provided that the interior angle at the intersection of such two sides is less than one
hundred thirty-five (135) degrees.
Lot depth. The mean horizontal distance between the front and rear lot lines.
Lot, double frontage. A lot having frontage upon two (2) non-intersecting streets, as
distinguished from a corner lot.
Lot, flag. A lot having access to a street by means of a parcel of land generally having a depth
greater than its frontage, but not less than thirty-five (35) feet. Flag, or panhandle, lots are
typically discouraged.
Lot, interior. A lot other than a corner lot.
Lot frontage. That dimension of a lot or portion of a lot abutting onto a street, excluding the side
dimension of a corner lot.
Lot lines or property lines. The lines bounding a lot as defined herein.
Lot of record. A lot which is part of a subdivision, the plat of which has been recorded in the
office of the County Clerk of Parker County.
Lot width. The horizontal distance measured between side lot lines parallel to the front lot line,
and measured from the point on the building line that is closest to the front lot line.
Manufactured housing. Means a HUD-code manufactured home or a mobile home.
Page 11 of 160
Pg. 68
Market (public). Markets located on public property, where independent merchants can sell their
products to the public. Typical products sold at public markets include fresh produce, various
other food items and crafted goods.
Medical service. Including but not limited to hospice, hospice services and home health service.
Micro brewery. A combination retail, wholesale and manufacturing business that brews and
serves beer and/or food.
Mini-warehouse/self-storage. Small individual storage units for rent or lease, restricted solely to
the storage of items. The conduct of sales, business or any other activity within the individual
storage units, other than storage, shall be prohibited.
Mobile home. A structure 1) constructed before June 15, 1976 2) built on a permanent chassis
3) designed for use as a dwelling with or without a permanent foundation when the structure is
connected to the required utilities 4) transportable in one or more sections 5) in the traveling
mode, is at least eight (8) body feet in width or at least forty (40) body feet in length or, when
erected on site, at least three hundred (320) square feet, and 6) includes the plumbing, heating,
air conditioning, and electrical systems of the home pursuant to Chapter 1201, Texas
Occupations Code.
Mobile home park (also trailer park or RV park). A parcel of land not less than three (3) acres
nor greater than thirty-five (35) acres which is designed, improved, or intended to be used for
short- or long-term occupancy by mobile homes/trailers and/or recreational vehicles (including
travel trailers) in designated spaces. A mobile home park may include a residence for the
owner/manager of the premises, utility hook-ups, accessory structures, playgrounds and open
space areas, fenced yard areas for pets, and other similar amenities.
Model home. A dwelling in a developing subdivision, located on a legal lot of record, that is
limited to temporary use as a sales office for the subdivision and to provide an example of the
dwellings which have been built or which are proposed to be built within the same subdivision.
Motel. A facility offering temporary lodging accommodations or guest rooms on a daily rate to
the general public and providing additional services, such as restaurants, meeting rooms,
housekeeping service and recreational facilities. A guest room shall be defined as a room
designed for the overnight lodging of hotel guests for an established rate or fee.
Motor vehicle. Any vehicle designed to carry one (1) or more persons which is propelled or
drawn by mechanical power, such as automobiles, vans, trucks, motorcycles and buses.
Motor vehicle rental. A business primarily engaged in the rental of new and used autos, trucks,
motorcycles, recreational vehicles, utility trailers, aircraft, snowmobiles, and the like.
Motor vehicle repair. Any person or business which, for compensation, engages in the activity
of repairing, replacing, reconditioning, adjusting, analyzing, diagnosing or altering the
operational condition of motor vehicles that are owned by other persons.
Motor vehicle sales. A business primarily engaged in the sale of new and used autos, trucks,
motorcycles, recreational vehicles, utility trailers, aircraft, snowmobiles, and the like.
Motor vehicle salvage. A business which purchases, salvages and sells used parts from
inoperable vehicles.
Page 12 of 160
Pg. 69
Motor vehicle service. Businesses primarily engaged in both selling and installing such
automotive parts as mufflers and brakes.
Occupancy. The use or intended use of the land or buildings by proprietors or tenants.
Offices. A room or group of rooms used for the provision of executive, management and/or
administrative services. Typical uses include administrative offices and services including real
estate, insurance, property management, investment, personnel, travel, secretarial services,
telephone answering, and business offices of public utilities, organizations and associations, but
excluding medical offices.
Off-street parking. Off-street parking spaces provided in accordance with the requirements of
this Ordinance, located on the lot or tract occupied by the main use or within one hundred fifty
(150) feet of such lot or tract, and located within the same zoning district as the main use or in an
adjacent parking district.
Outdoor Recreation. An area designed for active outdoor recreation, whether publicly or
privately owned, including, but not limited to, baseball diamonds, soccer and football fields,
campgrounds, golf courses, tennis courts and swimming pools.
Parcel. Any unplatted tract of land, or any portion of an unplatted tract of land (also see
"Tract").
Park/playground. An area of land set aside for public or private use, as a piece of land with few
or no buildings within or adjoining a town, maintained for recreational and ornamental purposes.
Pawn shop. An establishment where money is loaned on the security of personal property
pledged in the keeping of the owners (pawnbroker). Retail sales of primarily used (i.e., preowned) items is also allowed, provided that the sale of such items complies with local, state and
federal regulations.
Plat. A plan showing the subdivision of land, creating building lots or tracts, showing all
essential dimensions and other information in compliance with the subdivision standards of the
City, and which is approved by the City and recorded in the plat records of Parker County.
Premises. Land together with any buildings or structures situated thereon.
Private club. An establishment providing social and/or dining facilities which may provide
alcoholic beverage service, to an association of persons, and otherwise falling within the
definition of, and permitted under the provisions of, that portion of Chapter 32, Texas Alcoholic
Beverage Code, that pertains to the operation of private clubs.
Professional service. Work performed which is commonly identified as a profession, and which
may be licensed by the State of Texas.
Public garage/parking structure. A surface lot, parking structure or other facility owned,
operated or maintained by the City, to provide parking to the general public.
Recycling kiosk. A small uninhabited structure (one hundred twenty (120) square feet
maximum) or temporary container (e.g., "igloo" or dumpster-type container) which provides a
self-service location for the depositing of recyclable materials such as aluminum cans (e.g., "can
banks"), glass bottles, magazines/newspapers, metal or plastic containers, etc. Recyclables are
Page 13 of 160
Pg. 70
picked up periodically from the site. This definition does not include large trailers or manned
collection centers.
Restaurant or cafeteria. An eating establishment where customers are primarily served at tables
or are self-served, where food is consumed on the premises, which may include a drive-through
window(s) or where facilities are provided on the premises which encourage the serving and
consumption of food in automobiles on or near the restaurant premises.
Retail. An establishment engaged in the selling of goods and merchandise to the general public
for personal or household consumption and rendering services incidental to the sale of such
goods.
Sand, gravel or stone extraction and/or storage. The process of extracting and/or storing sand,
gravel, stone, topsoil, compost or other products from the earth.
School (K through 12). An institution for the instruction of children or people under college age.
School, other. Any institution for the instruction of people not considered a “school (K through
12)”.
Seasonal uses. Seasonal uses include the sales of items such as Christmas trees, pumpkins, snow
cones, fresh produce, and other items which are typically only available at certain times of the
year.
Stable (commercial). A stable used for the rental of stall space or for the sale or rental of
livestock.
Story. That portion of a building included between the upper surface of a floor and the upper
surface of the floor or roof next above.
Street. Any dedicated public thoroughfare that affords the principal means of access to abutting
property. A street is termed a major thoroughfare or arterial when the right-of-way is greater
than sixty (60) feet.
Street intersection. Any street that joins another street at an angle, whether or not it crosses the
other.
Taxidermist. An establishment that provides the services of preparing, stuffing, and mounting
the skins of dead animals for exhibition in a lifelike state.
Telemarketing agency. An establishment that solicits business or the purchase of goods and/or
services by telephone only. No sales of goods or services to the public occurs at or on the
premises. No products are stored at or on the premises.
Temporary field office or construction yard or office. A structure or shelter used in connection
with a development or building project for housing on the site of temporary administrative and
supervisory functions and for sheltering employees and equipment. Temporary permits for one
(1) year, or for a specific time and location as determined, may be issued by the Building Official
and shall be subject to review and renewal for reasonable cause.
Townhouse. A one-family dwelling unit constructed in a group of three (3) or more attached
units separated by property lines in which each unit extends from foundation to roof and with
open space on at least two (2) sides.
Page 14 of 160
Pg. 71
Tract. A single parcel or lot.
Transfer station. A facility where solid waste materials, including yard waste, demolition
materials, and household refuse, are transferred from small vehicles to large trucks for efficient
transport to landfills, recycling centers, and other disposal sites.
Use. The purpose for which land or buildings are or may be occupied in a zoning district.
Utilities (public). Any facility or structure which provides services to the general public
including but not limited to electric, gas, telephone, water, and television cable systems either
publicly or privately owned.
Variance. An adjustment in the application of the specific regulations of the Zoning Ordinance
to a particular parcel of property which, because of special conditions or circumstances of
hardship peculiar to the particular parcel, is necessary to prevent the property from being
deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning
district. Only the Board of Adjustment of the City can grant a variance.
Veterinarian clinic. An establishment where animals are admitted for examination and medical
treatment.
Warehouse/Office. A facility which has the combined uses of office and showroom or
warehouse for the primary purpose of wholesale trade, display and distribution of products.
Yard. An open space at grade between a building and the adjoining lot lines, unoccupied and
unobstructed by any portion of a structure from the ground upward, except where otherwise
specifically provided in this Ordinance that the building or structure may be located in a portion
of a yard required for a main building. In measuring a yard for the purpose of determining the
width of the side yard, the depth of a front yard or the depth of a rear yard, the shortest horizontal
distance between the lot line and the main building shall be used.
Yard, front. A yard located in front of the front elevation of a building and extending across a lot
between the side yard lines and being the minimum horizontal distance between the front
property line and the outside wall of the main building.
Yard, rear. The area extending across the rear of a lot measured between the lot lines and being
the minimum horizontal distance between the rear lot line and the rear of the outside wall of the
main building. On both corner lots and interior lots, the rear yard shall in all cases be at the
opposite end of the lot from the front yard.
Yard, side. The area between the building and side line of the lot and extending from the front
lot line to the rear lot line and being the minimum horizontal distance between a side lot line and
the outside wall of the side of the main building.
Zoning district. A classification applied to any certain land area within the City stipulating the
limitations and requirements of land use and development.
Chapter 2. Zoning Procedures and Administration
Sec. 12-2-1. Zoning upon annexation.
(a) As soon as practical following annexation of property by the City, the City Manager or
property owners of the annexed area, shall initiate proceedings to establish Agricultural
Page 15 of 160
Pg. 72
("AG") or another appropriate zoning classification requested by the property owners on the
newly annexed territory. Thereupon the City Manager shall commence public notification
and other standard procedures for zoning amendments as set forth in this Ordinance. Said
proceedings to establish zoning may be undertaken concurrently with annexation procedures
(i.e., notified at the same time, public hearings scheduled at the same time as annexation,
etc.), however zoning approval and formal adoption of the ordinance establishing zoning
must occur after annexation approval and adoption have occurred, and as a separate and
distinct action by the City Council.
(b) The initial zoning of a tract, whether it is interim in nature, by initiation of the landowner
or by initiation of the city, must meet the requirements for notification and public hearings as
set forth in this Ordinance and all other applicable state laws.
(c) The owner of land to be annexed may submit an application for zoning the property
simultaneously with submission of the petition for annexation, but no such annexation
application may be made conditioned upon the approval of any particular zoning
classification.
(d) Within an area classified as "AG" (Agricultural):
(1) No permit for the construction of a building or use of land shall be issued by the
Building Official other than a permit which will allow the construction of a building or
use permitted in the "AG" district, unless and until such territory has been classified in a
zoning district other than the "AG" district by the City Council in the manner prescribed
herein.
(2) If plans and preparations for developing a property for a use other than those
specified in the "AG" district were already in progress prior to annexation of the property
into the City, then the City Council may authorize construction of the project by a
majority vote. Application of this subsection is contingent upon the following:
a. An application for a building permit for the proposed building or use must be
made to the Building Official within three (3) months after annexation of the property
into the City; and
b. The applicant must be able to demonstrate that plans and other preparations for
developing the property commenced prior to (i.e., were already in progress at the time
of) annexation into the City.
In its deliberations concerning authorization to proceed with construction of a project
which meets the above criteria, the City Council shall take into consideration the
appropriate land use for the area as shown on the City's Future Land Use Plan. Upon
approval by the City Council, the City Manager shall notify the Building Official of
such approval.
(3) If the City and the owner of property enter into a development agreement prior to the
annexation of the property as provided in Section 212.172, Texas Local Government
Code, then the City Council may authorize construction of a project in accordance with
the terms of the development agreement.
Sec. 12-2-2. Nonconforming uses and structures.
Page 16 of 160
Pg. 73
(a) Nonconforming uses. Where a lawful use of property exists at the effective date of
adoption of this Ordinance, or any amendment to this Ordinance, which would not be
permitted by the regulations imposed by this Ordinance or amendments to this Ordinance, the
use may be continued so long as it remains otherwise lawful, subject to the provisions below:
(1) No such nonconforming use shall be enlarged or increased, nor extended to occupy a
greater area of land than was occupied at the effective date of adoption or amendment of
this Ordinance.
(2) No such nonconforming use shall be increased or extended to occupy additional
buildings nor may such nonconforming use be extended throughout any parts of the
building not already occupied unless such parts of the building were manifestly arranged
or designed for such nonconforming use and were owned or leased by the operator of the
nonconforming use on the effective date of adoption or amendment of this Ordinance.
(3) No such nonconforming use shall be moved in whole or in part to any tract or portion
thereof other than that occupied by such use on the effective date of adoption or
amendment of this Ordinance.
(4) No additional structure not conforming to the requirements of this Ordinance shall be
erected in connection with such nonconforming use.
(b) Nonconforming structures. Where a lawful structure exists at the effective date of
adoption or amendment of this Ordinance that could not be built under the terms of this
Ordinance by reason of restrictions on area, lot coverage, height, yard, site location on the
tract, or other requirements concerning the structure, such structure may be continued so long
as it remains otherwise lawful, subject to the provisions below. The provisions in this
subsection shall also apply to a structure made nonconforming by governmental action
affecting the area, lot coverage, height, yard, site location on the tract, or other requirement
concerning structure.
(1) No such nonconforming structure may be enlarged or altered in a way which
increases its nonconformity, but any structure or portion thereof may be altered to
decrease its nonconformity.
(2) Should such nonconforming structure or nonconforming portion of structure be
destroyed to an extent of more than fifty (50) percent of its replacement cost at the time
of destruction, it shall not be reconstructed except in conformity with the provisions of
this Ordinance.
(3) Should such nonconforming structure be moved for any reason for any distance
whatever, it shall thereafter conform to the regulations for the district in which it is
located after it is moved.
(c) Nonconforming uses of structures and land in combination. Where a lawful use of
structures and land in combination exists on the effective date of adoption or amendment of
this Ordinance, or any amendments to this Ordinance, that would not be permitted by the
regulations imposed by this Ordinance, or amendments to this Ordinance, the use may be
continued so long as it remains otherwise lawful, subject to the provisions below.
Page 17 of 160
Pg. 74
(1) No existing structure devoted to a use not permitted by this Ordinance in the district
in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or
structurally altered except in changing the use of the structure to a use permitted in the
district in which it is located.
(2) Any nonconforming use may be extended throughout any parts of a building which
were manifestly arranged or designed for such use at the time of adoption or amendment
of this Ordinance, but no such use shall be extended to occupy any land outside such a
building.
(3) If no structural alterations are made, any nonconforming use of a structure and land
may as a special exception be changed to another nonconforming use provided that the
Board of Adjustment, either by general rule or by making finding in the specific case,
shall find that the proposed use is equally appropriate or more appropriate to the district
than the existing nonconforming use. In approving a special exception for such a change,
the Board of Adjustment may require appropriate conditions and safeguards in
accordance with the provisions of this Ordinance.
(4) Any structure and land in combination, in which a nonconforming use is replaced by
a permitted use, shall thereafter conform to the regulations for the district in which it is
located, and the nonconforming use may not thereafter be resumed.
(5) When a nonconforming use of a structure and land in combination is discontinued or
abandoned for six (6) consecutive months, they shall not thereafter be used except in
conformity with the regulations of the district in which they are located.
(6) Where nonconforming use status applies to a structure and land in combination,
removal or destruction of the structure shall eliminate the legal nonconforming status of
the land. “Destruction” for the purpose of this subsection is defined as damage to an
extent of more than fifty (50) percent of the replacement cost at the time of destruction.
(d) Repairs and maintenance.
(1) On any nonconforming structure or portion of a structure containing a
nonconforming use, ordinary repair and maintenance may be done. No structural
alterations in excess of fifty (50) percent of the replacement cost of the structure may be
performed.
(2) If a nonconforming structure or a structure containing a nonconforming use becomes
physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by
any duly authorized official to be unsafe or unlawful by reason of physical condition, it
shall not thereafter be restored or rebuilt, except in conformity with the regulations of the
district in which it is located.
(3) Nothing in this Ordinance shall be deemed to prevent the strengthening or restoring
to a safe condition of any building or part thereof declared to be unsafe by any official
charged with protecting the public safety, upon order of such official.
(e) Nonconforming lots. Where an existing legally platted lot exists at the time of adoption
of this Ordinance, or any amendments to this Ordinance, which does not meet the minimum
size, length, or width regulations imposed by this Ordinance, or amendments to this
Page 18 of 160
Pg. 75
Ordinance, the lot may be developed, so long as it remains otherwise lawful, subject to the
provisions below. The provisions in this subsection shall also apply to a lot made
nonconforming by governmental action affecting the lot size, length or width.
(1) The nonconforming lot must have access to a street as required by this Ordinance.
(2) Any structure developed on the nonconforming lot shall meet the minimum setbacks,
height, and use regulations for the district in which it is located.
(3) Any variance from the setbacks or height regulations, required in the district in which
the nonconforming lot is located, shall be subject to the approval of the Board of
Adjustment.
(f) Discontinuance or abandonment.
(1) If any nonconforming use of property shall be discontinued or abandoned under the
terms and conditions of this subsection, such use shall not be resumed and any
subsequent use of the property shall conform to the regulations specified by this
Ordinance for the district in which such property is located. The City has determined that
discontinuance of a nonconforming use and abandonment of a nonconforming use are
separate and distinct acts and the City has established a different standard of review for
each act.
a. Abandonment shall be defined as an intent by the owner to permanently close
or cease the use, coupled with any act or statement by the owner that manifests
such intent. The following conditions, events or conduct shall be presumed to
constitute an intent to abandon a nonconforming use:
1. the closure or cessation of the use for a period of 120 consecutive days;
2. in the determination of the Director of Planning and Development, the
structure or use is (1) in an advanced stage of dilapidation; (2) is noncompliant with one or more health and safety codes such as the Building,
Plumbing, Electrical and Mechanical Codes that govern the use of
structures designed for human occupancy; or (3) is otherwise unsafe for
the continuation of such use or occupancy.
If any of these conditions, events or conduct exists, then the owner shall bear the
burden of proof and production to establish that the owner did not intend to
abandon the use.
b. For the purpose of this Section, “discontinuance” shall be defined as a closure
or cessation of a use for a period of 180 consecutive days, irrespective of whether
the owner has an intent to abandon the use.
When land or a structure that is nonconforming has historically been used only on
a seasonal basis, such use shall be deemed to have been discontinued if,
irrespective of whether the owner has an intent to abandon the use, either: (1)
such use is closed or ceases to operate for a period of 180 consecutive days, or (2)
such property is not operated as a nonconforming use in a bonafide manner during
such season.
Page 19 of 160
Pg. 76
(2) Upon evidence of hardship, the Board of Adjustment shall have the authority to
extend the time limits in this subsection for a period not to exceed one (1) year.
(g) Additional provisions regarding nonconforming uses.
(1) No nonconforming accessory use or structure shall continue after the principal use or
structure shall have ceased or terminated unless the accessory use or structure shall
thereafter conform to the provisions of the zoning district in which it is located.
(2) The foregoing provisions of this Section shall also apply to uses that are allowed to
commence or continue under Section 43.002, Texas Local Government Code, and are
thereby made nonconforming upon annexation into the city limits.
(3) The foregoing provisions of this Section shall also apply to uses that do not conform
to the provisions of this Ordinance but are permitted after the adoption of this Ordinance
based on previously adopted regulations applicable to such uses as required by Section
245.002, Texas Local Government Code.
Sec. 12-2-3. Amendments to Zoning Ordinance and districts, administrative procedures,
and enforcement.
(a) Declaration of policy and review criteria.
(1) The City declares the enactment of these regulations governing the use and
development of land, buildings, and structures as a measure necessary to ensure the
orderly development of the community. Therefore, no change shall be made in these
regulations or in the boundaries of the zoning districts except:
a. To correct any error in the regulations or map;
b. To recognize changed or changing conditions or circumstances in a particular
locality;
c. To recognize changes in technology, the style of living, or manner of conducting
business; or
d. To change the property to uses in accordance with the City's adopted
comprehensive plan.
(2) In making a determination regarding a requested zoning change, the Planning and
Zoning Board and the City Council shall consider the following factors:
a. Whether the uses permitted by the proposed change will be appropriate in the
immediate area concerned, and their relationship to the general area and to the City as
a whole;
b. Whether the proposed change is in accordance with any existing or proposed plans
for providing public schools, streets, water supply, sanitary sewers, and other utilities
to the area;
c. The amount of vacant land currently classified for similar development in the
vicinity and elsewhere in the City, and any special circumstances that may make a
substantial part of such vacant land unavailable for development;
Page 20 of 160
Pg. 77
d. The recent rate at which land is being developed in the same zoning classification
as the request, particularly in the vicinity of the proposed change;
e. How other areas designated for similar development will be, or are likely to be,
affected if the proposed amendment is approved; and
f. Any other factors that will substantially affect the public health, safety, morals, or
general welfare.
(b) Authority to amend Ordinance.
(1) The City Council may from time to time, after receiving a recommendation thereon
by the Planning and Zoning Board and after public hearings required by law, amend,
supplement, or change the regulations herein provided or the boundaries of the zoning
districts specified on the Zoning Map. Any amendment to the Zoning Ordinance text or
to zoning district boundaries may be ordered for consideration by the City Council, may
be initiated by the Planning and Zoning Board or the City Manager, or may be requested
by the owner of real property (or his/her authorized representative).
(2) No person who owes delinquent taxes, delinquent paving assessments, impact fees,
or any other delinquent debts or obligations to the City, and which are directly
attributable to a piece of property requested for zoning shall be allowed to submit a
zoning request until the taxes, assessments, debts, or obligations directly attributable to
said property and owed by the owner or previous owner thereof shall have been first fully
discharged by payment, or until an arrangement satisfactory to the City has been made
for the payment of such taxes, assessments, debts or obligations. It shall be the applicant's
responsibility to provide evidence or proof that all amounts owed have been paid.
(c) Application.
(1) Each application for zoning (including a zoning change, zoning amendment, or text
amendment to a provision(s) of this Zoning Ordinance), shall be made in writing on an
application form available in the offices of Planning and Development. The application
shall be delivered to the offices of Planning and Development at least thirty (30) days
prior to a regularly scheduled meeting of the Planning and Zoning Board, as set forth by
City Council minute order. Supplemental documentation shall be provided as set forth in
the application on file in the offices of Planning and Development.
(2) All zoning requests involving real property (including zoning change and zoning
amendment requests) shall be accompanied by a notarized statement verifying land
ownership and, if applicable, evidence of land owner's agent authority to file the request.
(3) Zoning applications which do not include all required information and materials (as
outlined above and per other city development review policies) will be considered
incomplete, shall not be accepted for official submission by the City, and shall not be
scheduled on a Planning and Zoning Board agenda until the proper information is
provided to city staff.
(d) Notice of Board hearing.
(1) For zoning requests involving real property (including zoning change and zoning
amendment requests), the Planning and Zoning Board shall hold at least one (1) public
Page 21 of 160
Pg. 78
hearing on each zoning application, as per applicable state law (Chapter 211, Texas Local
Government Code). For proposed changes to zoning district boundaries (including
rezoning requests), notice of the public hearing to occur before the Planning and Zoning
Board shall be accomplished by publishing the purpose, time and place of the public
hearing in the official newspaper of the City before the fifteenth (15th) calendar day prior
to the date of the public hearing. Written notice of each public hearing shall also be sent
to each owner, as indicated by the most recently approved City tax roll, of real property
within two hundred (200) feet thereof, said written notice to be sent before the tenth
(10th) calendar day prior to the date such hearing is held. Such notice may be served by
using the last known address as listed on the most recently approved tax roll and
depositing the notice, postage paid, in the United States mail.
(2) For requests involving proposed changes to the text of the Zoning Ordinance, notice
of the Planning and Zoning Board hearing shall be accomplished by publishing the
purpose, time and place of the public hearing in the official newspaper of the City before
the fifteenth (15th) calendar day prior to the date of the public hearing. Changes in the
Ordinance text that do not change zoning district boundaries (i.e., which do not involve
specific real property) do not require written notification to individual property owners.
(3) The City may, at its option, establish additional rules and procedures for public
notification of proposed zoning changes and development proposals (e.g., site plans,
plats, etc.) which may include, but not be limited to, the posting of a sign(s) on any
property that is proposed for a zoning change or development by the applicant or its
agent(s). Knowledge of and adherence to such rules and procedures, if so established by
the City, shall be the responsibility of the applicant.
(e) Failure to appear. Failure of the applicant to appear before the Planning and Zoning
Board or the City Council for more than one (1) hearing without an approved delay by the
City Manager shall constitute sufficient grounds for the Planning and Zoning Board or the
City Council to table or deny the application unless the City is notified in writing by the
applicant at least seventy-two (72) hours prior to the hearing.
(f) Planning and Zoning Board consideration and recommendation.
(1) The Planning and Zoning Board shall function in accordance with this Ordinance
and with applicable provisions in the City's Code of Ordinances.
(2) The Board shall hold a public hearing on a zoning request (including a zoning
change, zoning amendment, and a proposed text amendment to the Zoning Ordinance) as
per applicable state law (Chapter 211, Texas Local Government Code).
(g) City Council consideration.
(1) Every zoning application which is recommended for approval (or approval with
conditions) by the Planning and Zoning Board shall be automatically forwarded (along
with the Board's favorable recommendation) to the City Council for setting and holding
of a second public hearing thereon following appropriate public hearing notification as
prescribed below.
Page 22 of 160
Pg. 79
An application that is recommended by the Planning and Zoning Board for disapproval
shall not be forwarded to the City Council unless the applicant files a written appeal with
the City Manager within ten (10) calendar days after the Board's decision.
(2) After a public hearing is held before the City Council regarding the zoning
application, the City Council shall take action as deemed appropriate.
If the City Council denies the request, then no other zoning application may be filed for
all or part of the subject tract of land (or for that portion of the Zoning Ordinance, in the
case of a text amendment request submitted by a property owner or citizen) for a waiting
period of one (1) year following the denial. In the instance that the request was initiated
by the City and involved a proposed amendment to the text of the Zoning Ordinance, then
there is no waiting period before the request can be reconsidered.
The City Council may, at its option, waive the 1-year waiting period if, after due
consideration of the matter at a scheduled and posted meeting, it is determined that denial
of the request was based upon erroneous or omitted information, or if substantial new
information pertaining to the request is discovered.
(3) Notice of the City Council public hearing for a zoning request (including a zoning
change, zoning amendment or a Zoning Ordinance text amendment) shall be given as per
applicable state law (Chapter 211, Texas Local Government Code Chapter 211).
(4) For zoning requests involving real property (including zoning change and zoning
amendment requests), a favorable vote of three-fourths (3/4) of all members of the City
Council shall be required to approve any change in zoning when written objections are
received in accordance with the provisions of Section 211.006 of the Texas Local
Government Code (commonly referred to as the "20 percent rule").
(5) The City Council may hold a joint public hearing on a zoning request (including a
zoning change, zoning amendment or a Zoning Ordinance text amendment) along with
the Planning and Zoning Board, but the City Council shall not take action on the request
until it has received a final recommendation from the Board. Notification for the City
Council's public hearing may be accomplished simultaneously with the public
notification given for the public hearing to be held before the Planning and Zoning
Board.
(h) Schedule of fees, charges and expenses.
(1) Until all applicable fees, charges and expenses have been paid in full, no action shall
be taken on any zoning or development application or on any appeal.
(2) The City Council, upon the recommendation of the Planning and Zoning Board, shall
determine and adopt a fee schedule for the purpose of recovering a portion of the
administrative costs associated with processing zoning and development requests,
including public hearings, that are called for in this Ordinance. Such fees shall be paid by
the applicant and shall not be designed to in any way restrict the applicant's ability to
seek and receive a hearing or to generate revenue for other than recovery of actual
administrative costs incurred by the City in the review and processing of applications.
Immediately upon receipt of a complete submission for a zoning change or other
Page 23 of 160
Pg. 80
development plan approval, the City shall issue a fee receipt and shall create a case file as
a permanent City record thereof.
Sec. 12-2-4. Administration and enforcement.
(a) The Director of Planning and Development shall administer and enforce the provisions
of this Ordinance. If the Director of Planning and Development finds upon his/her own
personal observation, or upon receipt of a complaint, that the provisions of this Ordinance are
being violated, he/she shall immediately investigate and, when necessary, give written notice
to the person(s) responsible to cease or correct such violation(s). Notice may be delivered in
person or by certified mail to the violator(s) or to any person owning or leasing a property
where the violation is occurring.
(b) The Director of Planning and Development shall be in charge of making interpretations
of the provisions of this Ordinance and the applicability of such provisions to any person or
property. The decision of the Director of Planning and Development shall be appealable to
the Board of Adjustment.
(c) Whenever any building or construction work is being done contrary to the provisions of
this Ordinance, the Director of Planning and Development shall have the authority to order
the work stopped by notice in writing served on the property owner or the contractor doing
the work or causing such work to be done, and any such person shall forthwith stop such
work until authorized in writing by the city to proceed with such work. Failure to
immediately stop work as provided herein shall constitute a violation of this Ordinance.
Sec. 12-2-5. Building permits.
No building or other structure shall be erected, moved, added to, or structurally altered without a
permit issued by the Building Official. A building permit shall not be issued except in
conformity with the provisions of this Ordinance, unless otherwise authorized by the Board of
Adjustment in the form of a variance or special exception. A building permit shall not be issued
until the property is properly zoned for the intended use, until the property is platted in
accordance with the Subdivision Ordinance, nor until all appropriate plans have been approved
by the City (including, but not limited to, a final plat, a detailed plot plan, a final site plan,
landscaping and facade plans, building structural plans, etc.). Supplemental documentation shall
be provided as set forth in the application on file in the offices of Planning and Development.
Chapter 3. Zoning Districts
Sec. 12-3-1. Zoning districts established.
The City is hereby divided into the following base zoning districts. The use, height, area
regulations, and other standards shall be as set out in this Chapter. The districts established
herein shall be known as:
TABLE INSET:
Abbreviated
Designation
Zoning District Name
Base Districts
Page 24 of 160
Pg. 81
AG
Agricultural
RE
Residential Estate
RL
Residential Lake Lots
R1
One-Family Residential
R2
Two-Family Residential
R3
Multifamily Residential
CBD
Central Business District
C1
Commercial
C2
Commercial/Interstate
I
Industrial
__________
Sec. 12-3-2. AG Agricultural.
(a) In the AG Agricultural district no building or premises shall be used, configured, erected
or altered except in conformity with the following use, area and height regulations.
(b) Permitted uses.
Accessory dwelling
Accessory structures
Agriculture
Church/Place of worship
Community home
Community service
Family home
Industrialized housing
One-family dwelling
Park/Playground
School (K through 12)
Stables (commercial)
Utilities (public)
(c) Conditional uses. (Approval by the Planning and Zoning Board and the City Council is
required).
Bed and breakfast/boarding house
Page 25 of 160
Pg. 82
Camp grounds
Cemetery/Mausoleum
Communication antennas, support structures and towers
Exploration and extraction of hydrocarbons, sand, gravel, caliche or stone
Fair grounds/rodeo grounds
Funeral home
Heavy manufacturing
Light manufacturing
Manufactured housing
Mini-warehouse/self-storage
Outdoor recreation
Sand/Gravel/Caliche/Stone sales (storage)
Taxidermist
Veterinarian clinic
(d) Height regulations. No structure shall exceed:
(1) The greater of three (3) stories or forty-five (45) feet in height for the main
building/house.
(2) Forty-five (45) feet for agricultural structures (e.g., barns, silos, water towers, etc.),
provided they are no closer than one hundred (100) feet from any residential structure on
the premises, and they are set back at least one hundred (100) feet or three (3) times their
height (whichever is greater) from any front, side or rear property line.
(e) Area regulations.
(1) Front yard.
a. In all locations where building lines, setback lines or front yard lines are shown on
recorded plats, the minimum setback or front yard shall be as shown on the plat.
b. In all other locations the minimum front yard setback shall be fifty (50) feet.
c. No accessory structures shall be located in front yards.
(2) Side yard.
a. In all locations where building lines, or side lines on corner lots, are shown on
plats which have been recorded in the office of the recorder of deeds of the county,
the minimum side yard shall be as shown on the plat.
b. In all other locations there shall be a side yard on each side of the structures
(interior) of no less than twenty (20) feet in width. There shall be a side yard on the
street side of the structure of no less than twenty (20) feet.
Page 26 of 160
Pg. 83
c. A side yard width shall be provided of no less than twenty (20) feet in width for
any structures approved under the "conditional use" subsection of this Section such as
schools, libraries, etc.
(3) Rear yard. There shall be a rear yard having a depth of not less than thirty-five (35)
feet for the main building and twenty-five (25) feet for rear garage entry.
(4) Lot area.
a. The lot area shall be no less than forty-three thousand five hundred sixty (43,560)
square feet.
b. The minimum lot width shall be two hundred (200) feet.
c. The minimum lot depth shall be two hundred (200) feet.
Sec. 12-3-3. RE Residential Estate.
(a) In the RE Residential Estate District no building or premises shall be used, configured,
erected or altered except in conformity with the following use, area and height regulations.
(b) Permitted uses.
Community home
Community service
Family home
One-family dwelling
Park/Playground
Utilities (public)
required).
Accessory dwelling
Agriculture
Cemetery/Mausoleum
Funeral home
Outdoor recreation
Stables (commercial)
Page 27 of 160
Pg. 84
(d) Height regulations. No structure shall exceed:
(1) The greater of three (3) stories or forty-five (45) feet in height for the main
building/house.
(2) Forty-five (45) feet for agricultural structures (e.g., barns, silos, water towers, etc.),
provided they are no closer than one hundred (100) feet from any residential structure on
the premises, and they are set back at least one hundred (100) feet or three (3) times their
height (whichever is greater) from any front, side or rear property line.
(1) Front yard.
b. In all other locations the minimum front yard setback shall be twenty-five (25)
feet.
(2) Side yard.
(interior) of no less than fifteen (15) feet in width.
c. There shall be a side yard on the street side of the structure of no less than fifteen
(15) feet.
(3) Rear yard. There shall be a rear yard having a depth of not less than twenty (20) feet
for the main building.
(4) Lot area.
a. The lot area shall be no less than eleven thousand (11,000) square feet.
b. The minimum lot width shall be eighty (80) feet.
c. The minimum lot depth shall be one hundred twenty (120) feet.
Sec. 12-3-4. RL Residential Lake Lots.
(a) In the RL Residential Lake Lot District no building or premises shall be used,
configured, erected or altered except in conformity with the following use, area and height
regulations.
(b) Permitted uses.
Community home
Page 28 of 160
Pg. 85
Community service
Family home
One-family dwelling
Park/Playground
Utilities (public)
required).
Accessory dwelling
Agriculture
Outdoor recreation
(d) Height regulations. No structure shall exceed the greater of two (2[ 1/2]) stories or thirtyfive (35) feet in height for the main building/house.
(e) Area regulations. For the purposes of this Section, it shall be generally understood that
the area leased from the City shall be all that area extending from full pool elevation of eight
hundred ninety-six (896) feet to the edge of pavement.
(1) Front yard. On all lake lots, the front yard shall be that area adjacent to the shoreline.
There shall be a front yard having a depth of not less than twenty-five (25) feet for the
main building as measured from the full pool elevation of eight hundred ninety-six (896)
feet.
(2) Side yard.
a. There shall be a side yard on each side of the structures of no less than five (5) feet
in width.
b. Side lines shall extend from the full pool elevation of eight hundred ninety-six
(896) feet to the edge of pavement of the adjoining right-of-way.
(3) Rear yard.
The minimum rear yard setback shall be thirty-five (35) feet as measured from the
centerline of the adjoining right-of-way.
(4) Lot area.
a. The minimum lot area – none specified.
b. The minimum lot width – none specified.
c. The minimum lot depth – none specified.
Page 29 of 160
Pg. 86
Sec. 12-3-5. R1 One-Family Residential.
(a) In the R1 One-Family Residential District no building or premises shall be used,
regulations.
(b) Permitted uses.
Community home
Community service
Family home
One-family dwelling
Park/Playground
Utilities (public)
required).
Agriculture
Cemetery/Mausoleum
Outdoor recreation
(d) Height regulations. No structure shall exceed the greater of two (2) stories or thirty-five
(35) feet in height for the main building/house.
(1) Front yard.
b. In all other locations the minimum front yard setback shall be twenty (20) feet.
(2) Side yard.
recorded plats, the minimum side yard shall be as shown on the plat.
Page 30 of 160
Pg. 87
(interior) of no less than five (5) feet in width.
c. The minimum side yard setback to a street shall be fifteen (15) feet.
(3) Rear yard. There shall be a rear yard having a depth of not less than fifteen (15) feet
(4) Lot area.
a. The lot area shall be no less than six thousand five hundred (6,500) square feet.
b. The minimum lot width shall be fifty (50) feet.
c. The minimum lot depth shall be one hundred ten (110) feet.
Sec. 12-3-6. R2 Two-Family Residential.
(a) In the R2 Two-Family Residential District no building or premises shall be used,
regulations.
(b) Permitted uses.
Any use by right listed in the R1 One-Family Residential zoning district
Multiple single-family dwelling
Two-family dwelling
required).
Accessory dwelling
Agriculture
Cemetery/Mausoleum
Outdoor recreation
(d) Height regulations.
(1) One-family detached. No structure shall exceed the greater of two (2) stories or
thirty-five (35) feet in height for the main building/house.
(2) One-family attached. No structure shall exceed the greater of three (3) stories or
forty-five (45) feet in height for the main building/house.
(1) Front yard.
Page 31 of 160
Pg. 88
feet.
(2) Side yard.
b. In all other locations there shall be a side yard on each side of the structures of no
less than five (5) feet in width. Except,
1. Zero lot line patio home. There shall be a minimum interior side yard on one
side of the structure(s) of no less than ten (10) feet in width. The adjacent side
shall have a side yard of zero (0) feet.
2. Townhouse. There shall be a side yard of zero (0) feet in width where the units
join.
(3) Rear yard. There shall be a rear yard having a depth of not less than twenty-five (25)
feet for the main building.
(4) Lot area.
a. One-family detached lots.
1. The lot area shall be no less than eight thousand four hundred (8,400) square
feet.
2. The minimum lot width shall be seventy (70) feet.
3. The minimum lot depth shall be one hundred ten (110) feet.
b. One-family attached lots.
1. The lot area shall be no less than four thousand two hundred (4,200) square
feet.
2. The minimum lot width shall be thirty-five (35) feet.
c. Two-family lots.
1. The lot area shall be no less than eight thousand four hundred (8,400) square
feet for each two-family lot (four thousand two hundred [4,200] square feet
minimum for each dwelling unit).
2. The minimum lot width shall be seventy (70) feet for each two-family lot
(thirty-five (35) feet minimum for each dwelling unit).
Sec. 12-3-7. R3 Multifamily Residential.
Page 32 of 160
Pg. 89
(a) In the R3 Multifamily Residential District no building or premises shall be used,
regulations.
(b) Permitted uses.
Any use by right listed in the R2 Two-Family Dwelling district
Multifamily dwelling
(c) Conditional uses.
Accessory dwelling
Agriculture
Assisted living facility
Cemetery/Mausoleum
Child care facility
Civic clubs, halls and lodges
Convalescent/Nursing home
Medical service
Outdoor recreation
(d) Height regulations. No structure shall exceed the greater of three (3) stories or forty-five
(45) feet in height for the main building/house.
(1) Front yard.
feet.
(2) Side yard.
(interior) of no less than ten (10) feet in width.
c. There shall be a side yard on the street side of the structure of no less than twenty
(20) feet.
Page 33 of 160
Pg. 90
(3) Rear yard. There shall be a rear yard having a depth of not less than fifteen (15) feet
(4) Lot area.
a. The lot area shall be no less than eleven thousand (11,000) square feet.
b. The minimum lot width shall be seventy (70) feet.
c. The minimum lot depth shall be one hundred ten (110) feet.
d. The maximum density shall be twenty-four (24) units per acre.
Sec. 26. Historic overlay district.
26.1 General purpose and description.
A. This section establishes the procedure to request and designate a Historic Overlay
(HD) district zoning classification. The HD zoning classification, through separate
ordinance will provide design criteria for the redevelopment, revitalization and
preservation of specific sites, neighborhoods and commercial areas.
B. A historic overlay district is a district that recognizes the city's desire to promote
and protect the health, safety, economic, cultural, educational, and general welfare of
the public through the protection, enhancement, and perpetuation of one or more
districts of historical, archeological and cultural importance and significance.
C. The city council may designate sites, buildings, structures, landscapes and objects
as historic overlay districts along with the public rights-of-way in and surrounding
them and define, amend and delineate the boundaries thereof, by adopting zoning
overlay districts.
D. The purposes of historic overlay district designation are to:
1. Protect and enhance the districts which represent distinctive elements of the
city's historic, architectural, archeological and cultural heritage;
2. Strengthen and foster civic pride in the accomplishments of the past through
neighborhood conservation;
3. Protect and enhance the city's attractiveness to visitors and the support and
stimulus to the economy thereby provided;
4. Ensure the harmonious, orderly, and efficient growth and development of the
city;
5. Stabilize and promote the economy of the city through the continued use,
preservation, and revitalization of its resources; and
6. Strengthen civic pride and cultural stability through neighborhood
conservation.
D. Separate ordinances are required to designate each historic overlay district.
Ordinances designating each district shall identify the designated boundaries,
applicable designation criteria, and design standards for that district.
Page 34 of 160
Pg. 91
E. Nothing contained in this section or in the designation of property as being in a
historic overlay district shall affect the present legal use of property. Use
classifications as to all property which may be included in a historic overlay district
shall continue to be governed by the general zoning ordinance and the procedures
therein established. In no case, however, shall any use be permitted which requires
the demolition, razing, remodeling, or alteration of any buildings or structures in such
a historic overlay district so as to adversely affect the character of the historic overlay
district, except upon compliance with the terms of this section.
F. A historic overlay district is a zoning overlay which supplements the primary
underlying zoning district classification. A historic overlay district is subject to the
regulations of the underlying zoning district, except the ordinance establishing the
historic overlay district may permit additional uses and provide additional regulations
for the historic overlay district.
G. If there is a conflict between the regulations in a historic overlay district
ordinance and the regulations of the underlying zoning district, the regulations
contained in the historic overlay district ordinance control. If there is a conflict
between the regulations contained in a historic overlay district ordinance and these
regulations, the regulations contained in the historic overlay district ordinance
control.
26.2 Definitions. Unless specifically noted otherwise, the following definitions are
standard throughout this section:
Alteration. Shall mean any exterior change, demolition or modification to a property
located within a historic overlay district, including but not limited to:
1. Exterior changes to or modifications of structures, architectural details or visual
characteristics;
2. Construction of new structures;
3. Disturbance of archeological sites or areas; or
4. Placement or removal of exterior objects that affect the exterior qualities of the
property.
Applicant. The owner of record of a property within an existing or proposed historic
overlay district, the agent or lessee thereof with the approval of the owner of record in a
notarized form or a person holding a bona fide contract to purchase the property with
approval of the property owner.
Archeological resource. Archeological or paleontological value in that it has produced or
can be expected to produce data affecting theories of historic or prehistoric interest.
Architectural feature. The architectural elements embodying style, design, general
arrangement and components of the exterior of any building or structure, including, but
not limited to, the kind, color, texture of the building materials, and the style and type of
all windows, doors, lights, signs, and porches.
Page 35 of 160
Pg. 92
Building. A structure for business or residential use, created to shelter people or things,
such as a house, barn, church, hotel, warehouse or similar structure, including a
historically related complex, such as a courthouse and jail or a house and barn. When
separated by dividing walls without openings, each portion of such structure so separated
shall be deemed a separate building.
Certificate of appropriateness. The certificate issued by the city approving alteration,
rehabilitation, construction, reconstruction, or improvement of a historic structure,
historic or archeological site, or in a historic overlay district.
Certified local government. A federal government program authorized by the National
Historic Preservation Act, 16 U.S.C. 470 et seq., that provides for the participation of
local governments in a federal/state/local government partnership.
City. The City of Weatherford, Texas as represented by the mayor and city council.
Commission. The historic preservation commission created under this section.
Construction. The addition or placement of any improvement to a property within an
existing or proposed historic overlay district.
Contributing. A building, structure, site, feature or object within a designated historic
overlay district that embodies the significant physical features and characteristics or adds
to the historical association, historical architectural qualities or archeological values
identified for the historic overlay district and was present during the period of
significance relating to the documented significance of the property, and possesses
historic integrity or is capable of yielding important information about the period.
Dangerous structure. The structure poses an imminent threat to public health or safety.
Demolition. The complete or partial removal of a building, structure, object, or site,
including landscape features and archeological sites.
Demolition by neglect. Improper maintenance, neglect in the maintenance of or lack of
maintenance of any structure or property subject to designation or in a historic overlay
district that results in deterioration of the structure and threatens the preservation of the
structure.
Design guidelines. The city "Guidelines for Historic Preservation Resources" adopted by
the city council and as may be amended from time to time.
Designation. The process by which the city council may designate certain buildings,
land, areas, and districts in the city as historic overlay districts and define, amend and
delineate the boundaries thereof.
Economic hardship. The inability of an owner to obtain a reasonable return or a
reasonable beneficial use from a property within a historic overlay district as required by
the United States Supreme Court in Penn Central Transportation Company v. New York
City, 438 U.S. 104 (1978) and subsequent decisions. A reasonable economic return does
not have to be the most profitable return possible or allow the highest and best use of the
property.
Page 36 of 160
Pg. 93
Historic overlay district. A district approved by the city council through an ordinance
which contains a geographically definable area, urban or rural, possessing particular
architectural, cultural, or historic importance or significance. A historic overlay district
may include one or more properties.
Historic preservation officer. The director of planning and development or his/her
designee who shall serve as the historic preservation officer for the city and who shall
oversee the historic preservation program for the city.
Historic preservation resource. A building, structure, or object, and its historically
associated land or other appropriate setting, approved by the city council through an
ordinance, which possesses particular architectural, cultural, or historic significance.
Historic preservation site. An unimproved or improved parcel of ground approved by the
city council through an ordinance, which possesses particular archeological, architectural,
geological, or historic significance. A historic preservation site differs from a historic
preservation resource in that the physical location, not the building, structure, or objects,
possesses primary significance. For the purposes of this section, a historic preservation
site encompasses prehistoric or historic sites on unimproved or improved land.
Improvement. Means any building, structure, place or other object constituting a physical
betterment of real property, or any part of such betterment, including but not limited to
streets, alleys, curbs, lighting fixtures, signs and the like.
Initiated designation. The historic designation procedure is considered to be initiated
immediately when the city council, the planning and zoning board, or the historic
preservation commission votes to initiate it or, in the case of initiation by the property
owner(s), when the designation report is filed with the director of planning and
development.
Landscape. Any improvement or vegetation including but not limited to: shrubbery,
trees, plantings, outbuildings, walls, courtyards, fences, swimming pools, planters, gates,
street furniture, exterior lighting, and site improvements, including but not limited to,
subsurface alterations, site regarding, fill deposition, and paving.
Low-income homeowner. Any homeowner that meets the HUD qualifications for low
income.
National Historic Landmark. A district, site, building, structure, and/or object that has
been formally designated as a National Historic Landmark by the U.S. Secretary of the
Interior and possesses exceptional value or quality in illustrating or interpreting the
heritage of the United States in history, architecture, archeology, engineering, and culture
and that possesses a high degree of integrity of location, design, setting, materials,
workmanship, feeling, and association. National Historic Landmarks are automatically
listed in the National Register.
National Register of Historic Places. A federal list of cultural resources worthy of
preservation, authorized under the National Historic Preservation Act of 1966 as part of a
national program to coordinate and support public and private efforts to identify,
evaluate, and protect the nation's historic and archeological resources. The National
Page 37 of 160
Pg. 94
Register Program is administered by the commission, by the state historic preservation
office, and by the National Park Service under the Department of the Interior. Significant
federal benefits may accrue to owners of properties listed or determined eligible for
listing in the National Register.
Noncontributing building, site, structure, or object. Does not add to the historic
associations, historic architectural qualities, or archeological values for which a property
is significant because: it was not present during the period of significance; it does not
relate to the documented significance of the property; and/or due to alterations,
disturbances, additions, or other changes, it no longer possesses historic integrity and/or
is capable of yielding important information about the period.
Object. A material thing of functional, cultural, historical, or scientific value that may be,
by nature or design, movable, yet related to a specific setting or environment.
Ordinary repair or maintenance. Ordinary maintenance shall be defined as any work
that does not constitute a change in design, material, or outward appearance, and include
in-kind (same original material) replacement or repair.
Relocation. Any changes in the location of a building, object, or structure in its present
setting or to another setting.
Secretary of the Interior's Standards for the Treatment of Historic Properties. A federal
document stating standards and guidelines for the appropriate rehabilitation, preservation,
restoration, and reconstruction of historic buildings.
Site. The location of a significant event, a prehistoric or historic occupation or activity,
or a building or structure, whether standing, ruined, or vanished, where the location itself
maintains historical or archeological value regardless of the value of any existing
buildings, or objects.
Structure. A work made up of interdependent and interrelated parts in a definite pattern
of organization constructed by man. The term includes, but is not limited to engineering
projects, earthworks, and bridges.
26.3 Historic preservation commission.
A. Membership.
1. The historic preservation commission shall consist of seven members
appointed by a majority vote of the city council.
2. The city council shall appoint members from the following categories when
reasonably available:
a. Architect, planner or design professional;
b. Historian;
c. Contractor;
d. Licensed real estate broker/appraiser;
e. Attorney at law;
Page 38 of 160
Pg. 95
f. Owner of or resident or tenant in a property in a historic overlay district;
g. Member of the local historical or preservation organization;
h. Archeologist or a related discipline; or
i. Other specific background as desired.
3. A member of the planning and zoning board shall be appointed by the city
council to serve as a nonvoting liaison to the historic preservation commission.
4. The city council or a designee shall appoint a qualified staff person to serve as
historic preservation officer (HPO). This officer shall administer this section and
advise the historic preservation commission on matters submitted to it. In addition
to serving as representative of the commission, the HPO is responsible for
coordinating the city's preservation activities with those of state and federal
agencies and with local, state, and national nonprofit preservation organizations.
B. Membership terms and rules.
1. Historic preservation commission members shall serve for a term of two
years, their terms to be staggered, with the exception that for the inaugural
commission, the city council shall appoint two of the voting members for two
years, two of the voting members for one year and three members for three years.
2. The nonvoting liaison members may be appointed for either annual or
nonrotating terms at the discretion of the city council.
3. The historic preservation commission shall make recommendations to the city
council for the appointment and reappointment of members. No member shall be
recommended for reappointment after having served two consecutive full terms
until after a one-year absence from serving. Any existing member shall serve until
his or her successor has been appointed and qualified. The term "qualified" as
used herein shall mean that such board members have been verified by the city
secretary's office as having residency in the city and attendance at a meeting after
appointment.
4. Appointed members wishing to resign their appointed post shall give at least
30 days' written notice to the historic preservation officer stating the effective
resignation date. Any vacancy on the commission shall be filled by the city
council for the remainder of the unexpired term.
5. Unless excused by the chair of the commission, if a member of the historic
preservation commission fails to attend three consecutive meetings or fails to
attend 50 percent or more of the regular meetings during a calendar year, the city
council may declare such member's seat vacant and appoint a new member to
serve the balance of the unexpired term.
C. Rules and procedures.
1. The chair and vice-chair of the historic preservation commission shall be
elected annually by and from members of the commission. They shall serve a
term of one year or until their successors are elected, whichever is longer.
Page 39 of 160
Pg. 96
2. The historic preservation commission shall establish its own regular meeting
time, the first meeting shall be held within 30 days of the initial appointment of
the commission by the city council.
3. The historic preservation commission shall meet at least monthly, if business
is at hand, or more frequently if so required to conduct business. Special meetings
may be called at any time by the chair, vice chair, or director of planning and
development. All meetings shall be in conformance with chapter 551, "Open
Meetings Act," of the Texas Government Code. A quorum shall consist of four
members. A majority of voting members present will constitute an official vote
for the mechanics of the historic preservation commission, but a minimum of four
affirmative votes will be required to grant a certificate of appropriateness or
certificate of demolition or removal.
4. The historic preservation commission shall develop and adopt rules of
procedure which shall govern the conduct of its business, subject to the approval
of the city council. Such rules of procedure shall be a matter of public record.
5. The historic preservation commission shall keep minutes and records of all
meetings and procedures including voting records, resolutions, attendance,
findings, determinations and decisions. All material shall be a matter of public
record to be kept in the city secretary's office of the city.
6. The historic preservation commission shall develop design review guidelines
for determining appropriateness as generally set forth in subsection 26.6. Such
criteria shall insofar as possible be consistent with local, state, and federal
guidelines and regulations, including, but not limited to, building safety and fire
codes and the U.S. Secretary of the Interior's Standards for the Treatment of
Historic Properties.
7. Any member of the historic preservation commission having a conflict of
interests as provided in chapter 171 of the Texas Local Government Code shall
not be eligible to vote and shall be required to complete and file such
documentation with the city secretary for each and every conflicting item.
D. Powers and duties of the historic preservation commission.
The historic preservation commission has the following powers and duties:
1. Adopt rules and procedures, subject to the approval of the city council;
2. Familiarize itself thoroughly with the structures, land, areas, and districts
within the city that may be eligible for designation as historic overlay districts;
3. Establish criteria, standards and procedures for designation of historic overlay
districts;
4. Recommend designation of historic overlay districts;
5. Develop a preservation plan, update the plan annually, and present the plan to
the planning and zoning board and the city council. The preservation plan shall
include:
Page 40 of 160
Pg. 97
a. Identification of places and areas of historical, cultural, architectural, or
archeological value along with factual verification of their importance and
significance;
b. Suggested program for private and public action to promote the
preservation of historic structures and districts;
c. Identification of sources of funds, including federal, state, and local
governments, corporations and private foundations, for preservation and
restoration activities and for acquisitions;
6. Conduct and administer historic resource surveys;
7. Prepare and promote design guidelines for historic overlay districts;
8. Develop and adopt guidelines and review procedures to be used in
determining whether to grant or deny initiated designation certificates of
appropriateness, certificates of appropriateness, or certificates for demolition or
removal;
9. Recommend tax or other financial incentives to encourage preservation of
historic resources;
10. Recommend to the city council that certain places and areas which cannot be
preserved without acquisition, be acquired in fee simple or in some lesser degree
by gift or purchase;
11. Recommend acceptance or rejection of donations of preservation easements;
12. Recommend changes in use where conditions exist under which the required
preservation of a property subject to the initiated designation or a historic
structure would cause undue hardship to the owner of the property;
13. Review applications and grant or deny certificates of appropriateness for
proposed work and design on a property subject to the initiated designation or a
historic structure;
14. Review applications and grant or deny certificates of demolition or removal
of a structure on a property subject to the initiated designation or a historic
structure;
15. Initiate, when appropriate, the procedure for adopting an ordinance to
establish or amend a historic overlay district or remove a district;
16. Establish committees and task forces as needed to make recommendations to
the historic preservation commission on applications for certificates of
appropriateness, certificates of demolition or removal, and other issues;
17. Identify cases of demolition by neglect and initiate remedial actions;
18. Develop public outreach/education/awareness programs;
19. Review and make recommendations on zoning amendments and
comprehensive plans relating to historic preservation;
Page 41 of 160
Pg. 98
20. Review and make recommendations on the decisions and documents
(including any environmental assessments, reports, and/or environmental impact
statements) of other public agencies when such decisions or documents may
affect historical overlay districts or potential historical overlay districts in the city;
and
21. Perform other duties as may be assigned by the city council or created by
state law, the city's charter, or an ordinance.
26.4 Historic overlay district criteria.
A. Characteristics. A historic overlay district may be established on one or more
properties to preserve places and areas of historical, cultural, or architectural
importance and significance if the place or area has one or more of the following
characteristics:
1. History, heritage and culture. Represents the historical development, ethnic
heritage or cultural characteristics of the city, state, or country.
2. Historic event. Location as or association with the site of a significant historic
event.
3. Significant persons. Identification with a person or persons who significantly
contributed to the culture and development of the city, state, or country.
4. Architecture. Embodiment of distinguishing characteristics of an architectural
style, landscape design, method of construction, exceptional craftsmanship,
architectural innovation, or contains details which represent folk or ethnic art.
5. Architect or master builder. Represents the work of an architect, designer or
master builder whose individual work has influenced the development of the city,
state or country.
6. Historic context. Relationship to other distinctive buildings, sites, or areas
which are eligible for preservation based on historic, cultural, or architectural
characteristics.
7. Unique visual feature. Unique location of singular physical characteristics
representing an established and familiar visual feature of a neighborhood,
community or the city that is a source of pride or cultural significance.
8. Archeological. Archeological or paleontological value in that it has produced
or can be expected to produce data affecting theories of historic or prehistoric
interest.
9. National and state recognition. Eligible for or designated as a National
Historic Landmark, recorded state historic landmark, state archeological
landmark, American Civil Engineering Landmark, or eligible for inclusion in the
National Register of Historic Places.
10. Historic education. Represents an era of architectural, social or economic
history that allows an understanding of how the place or area was used by past
generations.
Page 42 of 160
Pg. 99
26.5 Historic overlay district designation.
A. Multi-property district initiation. The procedure for adopting an ordinance to
establish or amend a multi-property historic overlay district may be initiated by the:
1. Owner(s) of the property;
2. Historic preservation commission;
3. Planning and zoning board; or
4. City council.
5. Requests for a multi-property historic overlay district designation or
amendments must have the concurrence of 100 percent of the owners located
within the boundaries of the proposed multi-property historic overlay district.
6. At any time after voluntary designation, property owners may choose to opt
out of the historical district overlay. This process will require administrative
change to the original designation ordinance.
B. Single property district initiation. The procedure for adopting an ordinance to
establish or amend a single property historic overlay district may be initiated by the:
1. Owner(s) of the property;
2. Historic preservation commission;
3. Planning and zoning board; or
4. City council.
5. Requests for a single property historic overlay district designation or
amendment must have the concurrence of the owner located within the boundaries
of the proposed single property historic overlay district.
6. At any time after voluntary designation, property owners may choose to opt
out of the historical district overlay. This process will require administrative
change to the original designation ordinance.
C. Single property district initiation. High priority resources.
1. In circumstances when the future of a high priority single property site, as
designated by the adopted historic resources survey, becomes threatened, the city
council may initiate historic district designation without full consent of the owner
of the property.
2. Within 30 days of such initiation, city council must hold a public hearing and
determine if the designation is to be continued or withdrawn.
3. If city council withdraws the original designation, the property is no longer
affected by the initiation of designation.
4. If city council determines to proceed with the designation, the property will be
subject to the public hearing procedure stated below.
D. Initiation of designation.
Page 43 of 160
Pg. 100
1. The historic designation procedure is considered to be initiated immediately
when the city council, planning and zoning board, or historic preservation
commission votes to initiate it or, in the case of initiation by the property
owner(s), when the completed designation report is filed with the planning and
development department.
2. Upon initiation of the historic designation procedure, the historic preservation
officer shall immediately notify the building official. The building official shall
not accept any application for a permit to alter, demolish, or remove any structure
or site subject to the initiated designation, unless a certificate of appropriateness
or certificate for demolition or removal has been issued.
E. Designation report. Requests by property owners shall be made on a designation
report obtained from the planning and development department. The information
shall include but not be limited to:
1. A statement of the historical, cultural, and architectural significance of the
place or area proposed for historic designation, including the criteria in subsection
26.4, 1--10 upon which the designation is based.
2. A description, photographs and map of the boundaries of the proposed historic
overlay district.
3. Completed designation reports shall be returned to the planning and
development department for processing. For purposes of this section the historic
preservation officer is the administrative official with original jurisdiction to
review an application for completeness.
F. Public hearing procedure. These provisions pertaining to the designation of
historic overlay districts constitute a part of the comprehensive zoning plan of the
city. Application and notification procedures shall coincide with the city zoning
ordinance, title XII, section 10 and applicable state laws. Owners of properties within
a proposed historic overlay district shall be notified in accordance with those
notification procedures at least ten days prior to the commission hearing on the
recommended designation.
At all public hearings, owners, interested parties, and technical experts may present
testimony or documentary evidence which will become part of a record regarding the
historic, architectural, or cultural importance of the proposed historic overlay district.
1. Historic preservation commission. The historic preservation commission
shall give notice and conduct its hearing on the proposed designation within 30
days of receipt of such recommendation for designation. The commission shall
recommend approval in whole or in part or disapproval of the application for
designation in writing to the planning and zoning board, setting forth the reasons
for the decision. Upon recommendation of the historic preservation commission,
the proposed historic overlay district shall be submitted to the planning and
zoning board.
Page 44 of 160
Pg. 101
2. Planning and zoning board. The planning and zoning board shall give notice
and conduct its hearing on the proposed designation within 30 days of receipt of
such recommendation from the historic preservation commission. Upon
recommendation of the planning and zoning board, the proposed historic overlay
district shall be submitted to the city council.
3. City council. City council shall give notice and conduct its hearing on the
proposed designation within 30 days of receipt of the recommendation of the
planning and zoning board. Upon designation of a building, object, site, or
structure as a historic overlay district, the city council shall cause the designation
to be recorded in the county official public records of real property, the city tax
records, and the county appraisal district as well as the official zoning maps of the
city. All zoning maps should indicate the designated historic overlay districts with
an appropriate mark.
26.6 Certificate of appropriateness and certificate for demoltion or removal.
A. General rules.
1. Prior to the commencement of any work or repairs in a historic overlay
district, the property owner shall consult the historic preservation officer to
determine the necessary requirements for the proposed work.
2. Unless a certificate of appropriateness or a certificate of demolition has been
approved by the city in accordance with this subsection and the regulations and
design guidelines contained in a historic overlay district ordinance, no person or
entity shall construct, reconstruct, alter, change, expand, remove, demolish or fail
to maintain, any building, object, site, landscape, architectural feature, or group of
such within a historic overlay district.
3. No building permit shall be issued for such proposed work until a certificate
of appropriateness or a certificate of demolition has first been issued in
accordance with this section. The certificate of appropriateness or certificate of
demolition shall be in addition to and not in lieu of any building permit that may
otherwise be required.
4. A person who violates this subsection is guilty of a separate offense for each
day or portion of a day during which the violation is continued, from the first day
the unlawful act was committed until either a certificate of appropriateness or a
certificate of demolition is obtained or the property is restored to the condition it
was in immediately prior to the violation.
B. Certificate of appropriateness application.
1. Prior to the commencement of any work requiring a certificate of
appropriateness, the property owner shall file an application for such a certificate
with the historic preservation officer.
2. The historic preservation officer, if requested, shall aid the property owner in
preparation and completion of the application. One copy of a completed
application for certificate of appropriateness or application for certificate of
Page 45 of 160
Pg. 102
demolition or removal form is required. Applications must be typewritten or
printed in ink in legible form. No application shall be deemed to be filed until it is
made on forms promulgated by the director and contains all required supporting
plans, designs, photographs, reports, and other exhibits required.
3. The application form and supporting information shall contain the following:
a. Name, address, telephone number of the applicant, and a detailed
description of the proposed work;
b. Location and photographs of the property, adjacent properties, and
historical photographs, if any, should be included;
c. Drawings and/or descriptions of the proposed changes;
d. Architectural design of buildings, modification, addition, or new
construction (floor plan(s) and elevations) where applicable;
e. Construction details for roof, walls, floor, and foundation where
applicable;
f. Site plan, if modifications are being requested;
g. Landscaped planted areas and surface materials, where applicable;
h. Fences and locations, where applicable;
i. Samples of materials to be used; include samples and information on any
materials to be used that differ from existing or original materials;
j. Location, type, and arrangement of windows, doors, and other openings
where applicable; include sample of each type of window or door from
brochure, catalog or manufacturer;
k. If the proposal includes signs, a scale drawing illustrating the type of
lettering to be used, all dimensions, colors, construction materials, method of
illumination, and a plan showing the sign's location on the property;
l. Any other reasonable information that the historic preservation officer or
historic preservation commission may deem necessary in order to visualize the
proposed work.
C. Minor in-kind repair procedure.
1. If the historic preservation officer determines that the applicant is seeking a
certificate of appropriateness to authorize only minor in-kind repairs, a certificate
of appropriateness is not required.
2. The local design guidelines shall be consulted when performing minor in-kind
repairs. The historic preservation officer is also available as an additional resource
and should be consulted concerning questions about in-kind repairs. If the historic
preservation officer deems a certificate of appropriateness necessary, the standard
rules for its procedures shall apply.
Page 46 of 160
Pg. 103
3. Minor in-kind repairs include painting and replacement of deteriorated or
damaged materials with in-kind (the same as the original) material when the area
to be replaced is ten percent or less of each facade, roof slope, window or door
frame. Glass may be repaired with no change to thickness, color or R/U Value.
The repair of fences, walks and driveways is considered "minor in-kind repair" as
long as there is no change in the material used for the repairs.
D. Routine maintenance procedure.
certificate of appropriateness to authorize only routine maintenance and repair
work, he may review the application to determine whether the proposed work
complies with the regulations contained in this section and the design guidelines
and the U.S. Secretary of the Interior's standards as adopted and approve or deny
the application within five days after a complete application is filed.
2. Routine maintenance and ordinary repair work includes:
a. The restoration or repair of original architectural elements using the same
material and design as the original;
b. Reroofing, using the same type and color of material but no change in
roofline or structure;
c. The process of cleaning (including but not limited to low pressure water
blasting and stripping, but excluding sandblasting and high pressure water
blasting);
d. The installation of gutters and downspouts of a color that matches or
complements the dominant trim or roof color;
e. The installation of a chimney located on an accessory building, or on the
rear 50 percent of a main building and not part of the corner side facade;
f. The installation of an awning located on an accessory building, or on the
rear facade of a main building;
g. Skylights, solar panels and air-conditioned units when placed in
noncharacter-defining facades or not visible from the front facade; include the
location of proposed skylight or air-conditioned unit, list of materials and
colors, sample brochure, catalog or manufacturer of skylight or airconditioned unit;
h. The installation of storm windows and doors;
i. The installation of window and door screens;
j. Installation of portable sheds when placed in noncharacter-defining facades
and not in the front or side yards. Sheds shall not exceed 120 square feet in
size; colors shall complement the existing historic structure;
k. Landscape materials, including vegetation, irrigation, and xeriscaping, in
the front, rear, side yards, and parkways;
Page 47 of 160
Pg. 104
l. New fencing on the rear and side yards; include the location, type, material
and color of proposed fencing that complies with all city ordinances;
m. Security coverings for windows and doors; include photographs showing
the location and type of proposed security grill including material and color;
n. Exterior accessibility ramps when placed in noncharacter-defining
facades; include the location of proposed accessibility ramp and list of
materials and colors;
o. Replacement of garage or household exterior doors that match the original
doors; include sample of door from brochure, catalog or manufacturer;
p. Walkways, driveways, and aprons; include location and materials;
q. Placement of fire escapes when placed in noncharacter-defining facades
and where allowed by other city ordinances;
r. Installation of outdoor lighting fixtures and security fixtures when such
elements complement the design context of the structure;
s. Painting if the color is changed;
t. Painting of previously painted surfaces other than brick or any type of
stone.
3. The applicant may appeal the historic preservation officer's decision by
submitting a written request for appeal within ten days of the decision. The
written request for appeal starts the standard certificate of appropriateness review
procedure by the historic preservation commission.
E. Nonroutine maintenance procedure.
certificate of appropriateness to authorize work that is not routine maintenance
work, or if the decision concerning a certificate of appropriateness to authorize
only routine maintenance work is appealed, the historic preservation officer shall
immediately forward the application to the historic preservation commission for
review.
2. Prior to submitting to the historic preservation commission for review, the
historic preservation officer shall determine whether the structure is contributing
or noncontributing by reviewing the ordinance designating the property as a
historic overlay district and design guidelines for the district.
3. Within 30 days after a complete application is filed for a certificate of
appropriateness, the historic preservation commission shall hold a public hearing
and shall approve, deny with prejudice, or deny without prejudice the application
and forward its decision to the director of planning and development.
4. The historic preservation commission shall deny the application for a
certificate of appropriateness unless it makes the following findings:
a. Contributing structures:
Page 48 of 160
Pg. 105
(1) The proposed work is consistent with the regulations contained in this
section and the preservation design guidelines as adopted;
(2) The proposed work will not have an adverse effect on the
architectural features of the structure;
(3) The proposed work will not have an adverse effect on the historic
overlay district; and
(4) The proposed work will not have an adverse effect on the future
preservation, maintenance and use of the structure or the historic overlay
district.
b. Noncontributing structures:
(1) The proposed work is compatible with the historic overlay district.
5. The historic preservation commission may approve a certificate of
appropriateness for work that does not strictly comply with the design guidelines
and the U.S. Secretary of the Interior's guidelines upon a finding that the proposed
work is historically accurate and is consistent with the spirit and intent of the
design guidelines and the Secretary of the Interior's guidelines and that the
proposed work will not adversely affect the historic character of the property or
the integrity of the historic overlay district.
6. The historic preservation commission may impose conditions on the
certificate of appropriateness.
7. If a certificate of appropriateness has been approved by the historic
preservation commission or if final action has not been taken by the commission
within 30 days (for a noncontributing structure) or 65 days (for a contributing
structure) after a complete application is filed, the director of planning and
development shall issue the certificate of appropriateness to the applicant; and if
all requirements of the development and building codes are met and a building
permit is required for the proposed work, the building official shall issue a
building permit to the applicant for the proposed work.
F. Certificate of demolition or removal application.
1. Prior to the demolition or removal of a structure in a pending or designated
historic overlay, the property owner shall file a demolition or removal application
with the planning and development department to be forwarded to the historic
preservation commission for final decision.
2. Within ten days after submission of an application, the historic preservation
officer shall notify the applicant in writing of any additional documentation
required. The application must be accompanied by the following documentation
before it will be considered complete:
a. An affidavit in which the owner swears or affirms that all information
submitted in the application is true and correct.
Page 49 of 160
Pg. 106
3. Applications will only be accepted for one or more of the following reasons
and the applicant must supply all required information for review:
a. To replace the structure with a new structure that is more appropriate and
compatible with the historic overlay district;
b. No economically viable use of the property exists;
c. The structure poses an imminent threat to public health or safety; or
d. The structure is noncontributing to the historic overlay district because it
is newer than the period of historic significance.
4. Within 65 days after a complete application is filed for a certificate for
demolition or removal, the historic preservation commission shall hold a public
hearing and shall approve or deny the application. If the historic preservation
commission does not make a final decision within that time, the building official
shall issue a permit to allow the requested demolition or removal. The property
owner has the burden of proof to establish by clear and convincing evidence the
necessary facts to warrant favorable action by the historic preservation
commission.
G. Procedure to demolish or remove a structure to replace with a new structure.
1. The application must include:
a. Records depicting the original construction of the structure, including
drawings, pictures, or written descriptions;
b. Records depicting the current condition of the structure, including
c. Any conditions proposed to be placed voluntarily on the new structure that
would mitigate the loss of the structure;
d. Complete architectural drawings of the new structure;
e. A guarantee agreement between the owner and the city that demonstrates
the owner's intent and financial ability to construct the new structure. The
guarantee agreement must:
(1) Contain a covenant to construct the proposed structure by a specific
date in accordance with architectural drawings approved by the city
through the pending designation certificate of appropriateness process or
the certificate of appropriateness process;
(2) Require the owner or construction contractor to post a performance
and payment bond, letter of credit, escrow agreement, cash deposit or
other arrangement acceptable to the director to ensure construction of the
new structure; and
(3) Be approved as to form by the city attorney.
Page 50 of 160
Pg. 107
2. The historic preservation commission shall deny the application unless it finds
that:
a. The new structure is more appropriate and compatible with the historic
overlay district than the structure to be demolished or removed; and
b. The owner has the financial ability and intent to build the new structure.
The historic preservation commission must first approve the initiated
designation certificate of appropriateness or certificate of appropriateness for
the proposed new structure and the guarantee agreement to construct the new
structure before it may consider the application to demolish or remove.
H. Procedure to demolish or remove a structure of no economically viable use.
a. The past and current uses of the structure and property;
b. The name of the owner;
c. If the owner is a legal entity, the type of entity and states in which it is
registered;
d. The date and price of purchase or other acquisition of the structure and
property, and the party from whom acquired, and the owner's current basis in
the property;
e. The relationship, if any, between the owner and the party from whom the
structure and property were acquired (If one or both parties to the transaction
were legal entities, any relationships between the officers and the board of
directors of the entities must be specified);
f. The assessed value of the structure and property according to the two most
recent tax assessments;
g. The amount of real estate taxes on the structure and property for the
previous two years;
h. The current fair market value of the structure and property as determined
by an independent licensed appraiser;
i. All appraisals obtained by the owner and prospective purchasers within the
previous two years in connection with the potential or actual purchase,
financing, or ownership of the structure and property;
j. All listings of the structure and property for sale or rent within the previous
two years, prices asked, and offers received;
k. A profit and loss statement for the property and structure containing the
annual gross income for the previous two years; itemized expenses (including
operating and maintenance costs) for the previous two years, including proof
that adequate and competent management procedures were followed; the
annual cash flow for the previous two years; and proof that the owner has
Page 51 of 160
Pg. 108
made reasonable efforts to obtain a reasonable rate of return on the owner's
investment and labor;
l. A mortgage history of the property during the previous five years,
including the principal balances and interest rates on the mortgages and the
annual debt services on the structure and property;
m. All capital expenditures during the current ownership;
n. Records depicting the current conditions of the structure and property,
including drawings, pictures, or written descriptions;
o. A study of restoration of the structure or property, performed by a licensed
architect, engineer or financial analyst, analyzing the physical feasibility
(including architectural and engineering analyses) and financial feasibility
(including pro forma profit and loss statements for a ten-year period, taking
into consideration redevelopment options and all incentives available) of
adaptive use of restoration of the structure and property;
p. Any consideration given by the owner to profitable adaptive uses for the
structure and property;
q. Construction plans for any proposed development or adaptive reuse,
including site plans, floor plans and elevations;
r. Any conditions proposed to be placed voluntarily on new development that
would mitigate the loss of the structure;
s. Any other evidence that shows that the affirmative obligation to maintain
the structure or property makes it impossible to realize a reasonable rate of
return.
that:
a. The structure is incapable of earning a reasonable economic return unless
the demolition or removal is allowed (a reasonable economic return does not
have to be the most profitable return possible);
b. The structure cannot be adapted for any other use, whether by the owner
or by a purchaser, which would result in a reasonable economic return; and
c. The owner has failed during the last two years to find a developer,
financier, purchaser or tenant that would enable the owner to realize a
reasonable economic return, despite having made substantial ongoing efforts
to do so.
I. Procedure to demolish or remove a structure that poses an imminent threat.
a. Records depicting the current condition of the structure, including
Page 52 of 160
Pg. 109
b. A study regarding the nature, imminence, and severity of the threat, as
performed by a licensed architect or engineer as appropriate;
c. A study regarding both the cost of restoration of the structure and the
feasibility (including architectural and engineering analyses where applicable)
of restoration of the structure, as performed by a licensed architect or
engineer.
that:
a. The structure constitutes a documented major and imminent threat to
public health and safety;
b. The demolition or removal is required to alleviate the threat to public
health and safety; and
c. There is no reasonable way, other than demolition or removal, to eliminate
the threat in a timely manner.
J. Procedure to demolish or remove a structure that is noncontributing to the
historic overlay district.
a. Documentation that the structure is noncontributing to the historic overlay
district;
b. Documentation of the age of the structure;
c. A statement of the purpose of the demolition;
d. Any other evidence the property owner wishes to submit in support of the
application;
e. Any other evidence requested by the preservation commission or the
historic preservation officer.
that:
a. The structure is noncontributing to the historic overlay district;
b. The structure is newer than the period of historic significance for the
historic overlay district; and
c. Demolition of the structure will not adversely affect the historic character
of the property or the integrity of the historic overlay district.
K. Appeal.
1. If an application for certificate of appropriateness or demolition or removal is
denied, the applicant may appeal the denial to the city council by filing a written
notice with the director within ten days after the decision of the historic
preservation commission. If an appeal is filed, the city council shall hear and
Page 53 of 160
Pg. 110
decide the appeal within 65 days of its filing. In considering an appeal, the sole
issue before the city council is whether the historic preservation commission erred
in its decision. The city council shall consider the same standards and evidence
that the historic preservation commission was required to consider in making the
decision. Appeal to the city council constitutes the final administrative remedy.
L. Reapplication.
1. If a final decision is reached denying a certificate of appropriateness or
certificate for demolition or removal, no further applications may be considered
for the same matter for one year from the date of the final decision unless:
a. The application has been denied without prejudice; or
b. The historic preservation commission waives the time limitation because
there are changed circumstances sufficient to warrant a new hearing. A simple
majority vote by the commission is required to grant the request for waiver of
the time limitation.
M. Suspension of work.
1. After the work authorized by the certificate of appropriateness is commenced,
the applicant must make continuous progress toward completion of the work, and
the applicant shall not suspend or abandon the work for a period in excess of 180
days. The director of planning and development may, in writing, authorize a
suspension of the work for a period greater than 180 days upon written request by
the applicant showing circumstances beyond the control of the applicant.
N. Revocation of certificate of appropriateness.
1. The director of planning and development may, in writing, revoke a certificate
of appropriateness if:
a. The certificate of appropriateness was issued on the basis of incorrect
information supplied; the certificate of appropriateness was issued in violation
of the regulations contained in this section, the design guidelines contained in
the historic overlay district ordinance, the development code, or building
codes; or
b. The work is not performed in accordance with the certificate of
appropriateness, the development code, or building codes.
2. A certificate of appropriateness that is revoked by the director is subject to the
amendment procedure. All work subject to the revocation of the certificate of
appropriateness shall be suspended until a certificate of appropriateness has been
issued by the city.
O. Amendments to a certificate of appropriateness.
1. Certificates of appropriateness may be amended by submitting an application
for amendment to the director of planning and development. The application shall
then be subject to the standard certificate of appropriateness review procedure.
Page 54 of 160
Pg. 111
P. Expiration for certificate for demolition or removal.
1. A certificate for demolition or removal expires if the work authorized by the
certificate for demolition or removal is not commenced within 180 days from the
date of the certificate for demolition or removal. The director of planning and
development may extend the time for commencement of work upon written
request by the applicant showing circumstances beyond the control of the
applicant. If the certificate for demolition or removal expires, a new certificate for
demolition or removal must first be obtained before the work can be commenced.
2. An applicant that has received a certificate of demolition or removal shall,
before the proposed demolition or removal, document buildings, objects, sites or
structures which are intended to be demolished with 35 mm slides or prints,
preferably in black and white, digital images, and supply a set of slides or prints
and CD to the city's historic preservation officer.
3. An applicant shall also prepare for the historic preservation officer a salvage
strategy for reuse of building materials deemed valuable by the historic
preservation officer for other preservation and restoration activities.
4. Following the demolition or removal of a building, object or structure found
eligible for or located in a historic overlay district, the owner or other person
having legal custody and control thereof shall:
a. Remove all traces of previous construction, including foundation;
b. Grade, level, sod and seed the lot to prevent erosion and improve drainage;
and
c. Repair at own expense any damage to public rights-of-way, including
sidewalks, curbs and streets, that may have occurred in the course of removing
the building, object, or structure and its appurtenances.
Q. Emergency procedure.
1. If a structure on a property subject to the initiated designation or a structure in
a historic overlay district is damaged and the building official determines that the
structure is a public safety hazard or will suffer additional damage without
immediate repair, the building official may allow the property owner to
temporarily protect the structure. In such a case, the property owner shall apply
for a certificate of appropriateness or certificate for demolition or removal within
ten days of the occurrence which caused the damage. The protection authorized
under this subsection must not permanently alter the architectural features of the
structure.
R. Low income homeowners.
1. When a low-income resident homeowner is unable to meet the requirements
set forth in this section, the historic preservation commission, at its own
discretion, may waive some or all of the required information and/or request
substitute information that a low income resident homeowner may obtain without
incurring any costs. If the historic preservation commission cannot make a
Page 55 of 160
Pg. 112
determination based on information submitted and an appraisal of the property's
market value has not been provided, then the historic preservation commission
shall request that an appraisal be made by the city.
26.7 Demoltion by neglect.
A. General rules:
1. No person shall allow a structure to deteriorate through demolition by neglect.
All structures on properties subject to the initiated designation and in historic
overlay districts must be preserved against deterioration and kept free from
structural defects. The property owner or the property owner's agent with control
over the structure, in keeping with the city's minimum housing standards and
building codes, must repair the structure if it is found to have any of the following
defects:
a. Parts which are improperly or inadequately attached so that they may fall
and injure persons or property;
b. A deteriorated or inadequate foundation, defective or deteriorated floor
supports or floor supports that are insufficient to carry the loads imposed;
c. Walls, partitions or other vertical supports that split, lean, list or buckle
due to defect or deterioration or are insufficient to carry the loads imposed;
d. Ceilings, roofs, ceiling or roof supports, or other horizontal members
which sag, split, or buckle due to defect or deterioration or are insufficient to
support the loads imposed;
e. Fireplaces and chimneys which list, bulge or settle due to defect or
deterioration or are of insufficient size or strength to carry the loads imposed;
f. Deteriorated, crumbling or loose exterior stucco or mortar;
g. Deteriorated or ineffective waterproofing of exterior walls, roofs,
foundations or floors, including broken or open windows and doors;
h. Defective or lack of weather protection for exterior wall coverings,
including lack of paint or other protective covering;
i. Any fault, defect or condition in the structure which renders it structurally
unsafe or not properly watertight;
j. Deterioration of any exterior feature so as to create a hazardous condition
which could make demolition necessary for the public safety; or
k. Deterioration or removal of any unique architectural feature which would
detract from the original architectural style.
2. Any interested party may request that the historic preservation officer
investigate whether a property is being demolished by neglect.
Page 56 of 160
Pg. 113
3. The historic preservation commission will work with the property owner to
encourage maintenance and stabilization of the structure and identify resources
available before any enforcement action is taken.
B. Demolition by neglect procedure.
1. First meeting with the property owner. Upon receipt of a request, the historic
preservation officer shall meet with the property owner or the property owner's
agent with control of the structure to inspect the structure and discuss the
resources available for financing any necessary repairs. After the meeting, the
historic preservation officer shall prepare a report for the historic preservation
commission on the condition of the structure, the repairs needed to maintain and
stabilize the structure, any resources available for financing the repairs, and the
amount of time needed to complete the repairs.
2. Certification and notice. After review of the report, the historic preservation
commission may vote to certify the property as a demolition by neglect case. If
the historic preservation commission certifies the structure as a demolition by
neglect case, the commission shall notify the property owner or the property
owner's agent with control over the structure of the repairs that must be made. The
notice must require that repairs be started within 30 days and set a deadline for
completion of the repairs. The notice must be sent by certified mail.
3. Second meeting with the property owner. The historic preservation officer
shall meet with the property owner or the property owner's agent with control
over the structure within 30 days after the notice was sent to inspect any repairs
completed and assist the property owner in obtaining any resources available for
financing the repairs.
4. Referral for enforcement. If the property owner or the property owner's agent
with control over the structure fails to start repairs by the deadline set in the
notice, fails to make continuous progress toward completion, or fails to complete
repairs by the deadline set in the notice, the historic preservation commission may
refer the demolition by neglect case to the building official or the city attorney for
appropriate enforcement action to prevent demolition by neglect.
26.8 Historic preservation fund.
A. Historic preservation fund. The department of planning and development, in
cooperation with community organizations, shall develop appropriate funding
structures and shall administer the historic preservation fund. The historic
preservation fund is composed of the following funds:
1. Outside funding (other than city general funds or capital funds), such as grants
and donations, made to the city for the purpose of historic preservation and
funding partnerships with community organizations;
2. Damages recovered pursuant to Texas Local Government Code section
315.006 from persons who illegally demolish or adversely affect historic
structures.
Page 57 of 160
Pg. 114
B. Outside funding may be used for financing the following activities.
1. Necessary repairs in demolition by neglect cases;
2. Full or partial restoration of low-income residential and nonresidential
structures;
3. Full or partial restoration of publicly owned historic structures;
4. Acquisition of historic structures, places or areas through gift or purchase;
5. Public education of the benefits of historic preservation or the regulations
governing historic overlay districts; and
6. Identification and cataloging of structures, places, areas, and districts of
historical, cultural, or architectural value along with factual verification of their
significance.
C. Damages recovered pursuant to Texas Local Government Code section 315.006
must be used only for the following purposes.
1. Construction, using as many of the original materials as possible, of a
structure that is a reasonable facsimile of a demolished historic structures;
2. Restoration, using as many of the original materials as possible, of the historic
structure; and
3. Restoration of another historic structure.
26.9 Administration.
A. Enforcement.
All work performed pursuant to a certificate of appropriateness issued under this
section shall conform to all its requirements. It shall be the duty of the director of
planning and development to inspect periodically to assure such compliance.
B. Penalties.
1. Any person violating any of the provisions of this section shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not
to exceed $2,000.00 and a separate offense shall be deemed committed upon each
day or portion of a day during or on which a violation occurs or continues.
2. Any person who adversely affects or demolishes a structure on property
subject to the pending designation or in a historic overlay district in violation of
this section is liable pursuant to Texas Local Government Code section 315.006
for damages to restore or replicate, using as many of the original materials as
possible, the structure to its appearance and setting prior to the violation. No
pending designation certificates of appropriateness, certificates of appropriateness
or building permits will be issued for construction on the site except to restore or
replicate the structure. When these restrictions become applicable to a site, the
director shall cause to be filed a verified notice in the county deed records and
Page 58 of 160
Pg. 115
these restrictions shall be binding on future owners of the property. These
restrictions are in addition to any fines imposed.
3. Prosecution in municipal court for an offense under this section does not
prevent the use of other enforcement remedies or procedures provided by other
city ordinances or state or federal laws applicable to the person charged with or
the conduct involved in the offense.
Sec. 12-3-8. CBD Central Business District.
(a) General purpose and description. The development standards in the CBD, Central
Business district, are designed to maintain and encourage development and redevelopment
within the central business section (old downtown) of the City in a "pedestrian friendly"
environment that is conducive to special events such as sidewalk sales, street dances,
festivals, and other similar events. Standards for the district are generally intended to regulate
development such that new structures look similar to existing ones within this Section of the
City. They are also intended to preserve and enhance the community's "small town" heritage
and the unique character of the City's original business district.
(b) Permitted uses.
Any use by right listed in the R3 Multifamily Residential zoning district
Office
Private club
Professional service
Restaurant
Retail sales
required).
Accessory dwelling
Agriculture
Amusement services
Appliance repair
Cemetery/Mausoleum
Child care facility
Entertainment
Page 59 of 160
Pg. 116
Exhibition hall
Funeral Home
Hospital
Hotel/Motel
Kiosk (providing a service)
Market (public)
Medical service
Micro brewery (onsite mfg. and sales)
Motor vehicle repair
Motor vehicle service
Outdoor recreation
Pawn shop
Public garage/parking structure
Recycling kiosk
School, other
Telemarketing agency
Veterinarian clinic
(35) feet for the main building(s).
(1) Size of lot.
a. Minimum lot area--none specified.
b. Minimum lot width--none specified.
c. Minimum lot depth--none specified.
(2) Size of yards.
a. Minimum front yard--none specified.
b. Minimum side yard--none specified.
c. Minimum rear yard--none specified.
(3) Maximum lot coverage--one hundred (100) percent including main and accessory
buildings.
(4) Maximum floor-area-ratio (FAR)--three to one (3:1).
Page 60 of 160
Pg. 117
(5) Parking requirements. No off-street parking shall be required. Every effort shall be
made to establish off-street parking for all new structures within two hundred (200) feet
of the site.
(f) Special requirements.
(1) For site redevelopment or new construction, building facade (i.e., elevation) plans
shall be submitted for review and approval along with the site plan. Facade plans shall
clearly show how the building(s) will look, especially as viewed from the road(s) upon
which the property faces and/or sides, and will portray a reasonably accurate depiction of
the materials and colors to be used. Architectural style and scale of new/renovated
buildings within the CBD district shall be compatible with the styles and scale of other
adjacent buildings, and shall be historically accurate to the greatest extent possible in
order to preserve the unique character of the downtown area.
The City Manager may, as he/she deems appropriate, require submission of additional
information and materials (including actual samples of materials to be used) during the
site plan review process.
(2) Design Standards for the CBD District.
a. False fronts or parapets may be added to existing buildings in order to add
character and detail to simple facades.
b. Predominant exterior finish colors shall be of fired brick, similar to that which is
present on adjacent existing buildings (other masonry materials may also be
considered during site plan review). Trim (i.e., lintels, sills, door jambs, cornices and
other similar items) shall be brick, cast stone, stone, cast or wrought iron, or concrete,
and colors shall be complementary to the predominant facade colors. Accent colors
for friezes, doors and door frames, window frames and mullions, signage, awnings,
moldings and other similar features shall be colors that are complementary to, and
compatible with, the spirit and intent of the downtown streetscape (bright or
fluorescent colors which were not typically used in early Texas downtowns shall not
be used).
c. Reflective glass shall not be used for windows; detailing for windows, doors and
other openings shall be of wood, glass or a metal material that is complementary to
the period or building style.
d. Facade openings shall comprise at least forty (40) percent of the building's facade
area.
e. Awnings/canopies:
1. Ratios. Awnings shall be at an appropriate scale to the building size and
configuration. They shall not extend above the roofline of any single-story
structure, or above the top of the second floor of any multi-story structure at the
awnings' highest points. Awnings shall not completely obstruct any windows on
the building.
Page 61 of 160
Pg. 118
2. Projection. Since awnings must extend beyond the building face, a
reasonable amount of projection shall be allowed. No awning shall extend more
than five (5) feet outward from the building face/surface.
3. Colors and materials. A mixture of colors is recommended, but no more than
three different colors shall be used for awnings on a single building facade
(excluding business logo, which may have more colors). Materials shall be of
cloth or canvas, or another material that is complementary to the period or
building style (metal or plastic shall be prohibited).
4. Movement. Except for slight movements that are normal for fabric canopies
(i.e., along fringe, etc.), no movement shall be allowed for awnings and canopy
structures.
f. New utility lines to business establishments shall be placed underground or toward
the rear of existing buildings.
g. Pedestrian spaces shall be treated with amenities that are selected based upon their
ability to unify the streetscape with the area's historic past. It is important that
elements such as construction materials, colors, textures and fixture design
complement the area's historic qualities. These features shall be repeated throughout
the streetscape so as to unify the district as a whole.
h. Planters, window boxes, street furniture and other streetscape furnishings shall be
complementary to the historical time frame of the CBD area, and shall be located not
more than five feet from the building front/facade.
(3) Open storage is prohibited in the CBD district.
(4) Outside display of merchandise and/or seasonal items (e.g., Christmas trees,
pumpkins, etc.) shall be limited to the following:
a. Shall not be placed/located more than twelve (12) feet from the main building.
b. Shall not occupy any on-street or off-street parking spaces.
c. Shall not pose a safety or visibility hazard, nor impede public vehicular or
pedestrian circulation, either on-site or off-site, in any way (i.e., sidewalk sales cannot
block the sidewalk or extend out into the street).
d. Shall only be located in front of the property/business that is selling the item(s).
e. All outside display items shall be removed at the end of business each day (except
for large seasonal items such as Christmas trees).
f. All merchandise shall be displayed in a neat, orderly manner, and the display area
shall be maintained in a clean, litter-free manner.
(5) The architectural design of buildings and sites shall strive to achieve the following
objectives:
a. Architectural compatibility;
b. Human scale design;
Page 62 of 160
Pg. 119
c. Integration of uses;
d. Encouragement of pedestrian activity;
e. Buildings that relate to, and are oriented toward, the pedestrian areas and
surrounding buildings; and
f. Buildings that contain special architectural features to signify entrances;
All building materials shall be depicted on architectural elevations and supporting
information.
(6) Other regulations--As established in the Development Standards, Chapter 5.
Sec. 12-3-9. C1 Commercial.
(a) In the C1 Commercial district no building or premises shall be used, configured, erected
or altered except in conformity with the following use, area and height regulations.
(b) Permitted uses.
Any use by right listed in the CBD Central Business District zoning district
Amusement services
Appliance repair
Child care facility
Exhibition hall
Hospital
Market (public)
Medical service
Pawn shop
School, other
required).
Accessory dwelling
Agriculture
Car wash
Cemetery/Mausoleum
Entertainment
Page 63 of 160
Pg. 120
Funeral home
Hotel/Motel
Light manufacturing
Motor vehicle rental
Motor vehicle sales
Outdoor recreation
Recycling kiosk
Taxidermist
Veterinarian clinic
Warehouse/Office
(35) feet in height for the main building.
(1) Front yard.
feet.
(2) Side yard.
b. In all other locations there shall be a side yard on each side of the structures of no
less than five (5) feet in width. Except, when retail uses are platted adjacent to other
retail uses and integrated into an overall shopping center site (i.e., lots/lease spaces
abutting one another), no side yard is required provided it complies with the City's
Building Code.
Page 64 of 160
Pg. 121
c. For corner lots, there shall be a side yard on the street side of the structure of no
less than twenty (20) feet.
(3) Rear yard. There shall be a rear yard having a depth of not less than ten (10) feet for
the main building.
(4) Lot area.
a. Lot area – none specified.
b. Minimum lot width – none specified.
c. Minimum lot depth – none specified.
Sec. 12-3-10. C2 Commercial/Interstate.
(a) In the C2 Commercial/Interstate district no building or premises shall be used,
configured, erected or altered except in conformity with otherwise provided in this chapter,
and all buildings erected or altered shall conform to the following use, area and height
regulations.
(b) Permitted uses.
Any use by right listed in the C1 Commercial zoning district
Car wash
Entertainment
Hotel/Motel
required).
Accessory dwelling
Agriculture
Camp grounds
Cemetery/Mausoleum
Funeral home
Light manufacturing
Motor vehicle sales
Page 65 of 160
Pg. 122
Outdoor recreation
Recycling kiosk
Taxidermist
Veterinarian clinic
Warehouse/Office
(d) Height regulations. No structure shall exceed the greater of ten (10) stories or one
hundred twenty-five (125) feet in height for the main building/house.
(1) Front yard.
feet.
(2) Side yard.
(interior) of no less than ten (10) feet in width. Except, when retail uses are platted
adjacent to other retail uses and integrated into an overall shopping center site (i.e.,
lots/lease spaces abutting one another), no side yard is required provided it complies
with the City's Building Code.
c. For corner lots there shall be a side yard on the street side of the structure of no
less than twenty (20) feet.
(3) Rear yard. There shall be a rear yard having a depth of not less than twenty (20) feet
(4) Lot area.
b. Minimum lot width - none specified.
Sec. 12-3-11. I Industrial.
(a) In the I Industrial district no building or premises shall be used, configured, erected or
altered except in conformity with the following use, area and height regulations.
Page 66 of 160
Pg. 123
(b) Permitted uses.
Amusement services
Appliance repair
Camp grounds
Car wash
Community service
Entertainment
Funeral home
Hospital
Hotel/Motel
Light manufacturing
Market (public)
Medical service
Office
Park/Playground
Private club
Professional service
Restaurant
Page 67 of 160
Pg. 124
Retail sales
School, other
Utilities (public)
Warehouse/Office
required).
Accessory dwelling
Agriculture
Cemetery/Mausoleum
Child care facility
Exhibition hall
Exploration and extraction of hydrocarbons, sand, gravel, caliche or stone
Heavy manufacturing
Motor vehicle sales
Motor vehicle salvage
Outdoor recreation
Pawn shop
Recycling kiosk
Taxidermist
Veterinarian clinic
(d) Height regulations – None specified.
(1) Front yard.
b. In all other locations the minimum front yard setback shall be fifty (50) feet.
(2) Side yard.
Page 68 of 160
Pg. 125
(interior) of no less than twenty-five (25) feet in width.
c. For corner lots there shall be a side yard on the street side of the structure of no
less than twenty-five (25) feet.
(3) Rear yard. There shall be a rear yard having a depth of not less than twenty-five (25)
feet for the main building.
(4) Lot area.
b. Minimum lot width – none specified.
Sec. 12-3-12. Overlay and special districts.
Overlay districts shall be used in conjunction with base zoning districts where it is appropriate to
do so. In the use of the following overlay zoning classifications, the base district shall remain in
effect unless changed by zoning amendment in accordance with this Ordinance. New base
districts or changes in existing base districts may be requested at the same time overlay or special
districts are requested. Development within an overlay district must conform to the requirements
of both districts or the more restrictive of the two.
(a) Conditional use provisions.
(1) Purpose and intent.
a. A conditional use is a land use which, because of its unique nature, is compatible
with the permitted land uses in a given zoning district only upon a determination that
the external effects of the use in relation to the existing and planned uses of adjoining
property and the neighborhood can be mitigated through imposition of standards and
conditions. This section sets forth the standards used to evaluate proposed conditional
uses and the procedures for approving conditional use permit applications.
b. No conditional use shall be established and no building permit shall be issued for
any use designated as a conditional use within a zoning district until a conditional use
permit is issued in accordance with the provisions of this subsection.
c. If a use is not listed as either a permitted use or conditional use in the district for
which the subject property is located, a conditional use permit shall be required.
(2) Status of conditional uses. The following general rules apply to all conditional uses:
a. The designation of a use in a zoning district as a conditional use does not
constitute an authorization or assurance that such use will be approved.
b. Approval of a conditional use permit shall authorize only the particular use for
which the conditional use permit is issued.
Page 69 of 160
Pg. 126
c. No use authorized by a conditional use permit shall be enlarged, extended or
relocated, nor may the number of dwelling units be increased, unless an application is
made for approval of a new conditional use permit in accordance with the procedures
set forth in this subsection.
d. Development of the use shall not be carried out until the applicant has secured all
the permits and approvals required by these zoning regulations, the City Code of
Ordinances, and any permits required by regional, state and federal agencies.
(3) Procedures for conditional use approval.
a. Conditional use shall only be approved by the adoption of an ordinance following
the same notice and hearing procedures as for zoning changes.
b. Upon receipt of a recommendation from the City Manager, the Planning and
Zoning Board shall conduct a public hearing in order to formulate its
recommendations to the City Council on the conditional use permit application.
Following the public hearing, the Planning and Zoning Board shall recommend
approval, approval subject to modification, or denial of the proposal to the City
Council in accordance with this Ordinance. If the appropriateness of the use cannot be
assured at the location, the Planning and Zoning Board shall recommend denial of the
application as being incompatible with existing uses or with other uses permitted by
right in the district.
c. The City Council shall be the final decision-maker on applications for conditional
use permits. Following a public hearing and consideration of the Planning and Zoning
Board's recommendation, the City Council shall approve, modify or deny the
proposal for a conditional use permit in accordance with this Ordinance. If the
appropriateness of the use cannot be assured at the location, the application for
conditional use permit shall be denied as being incompatible with existing uses or
with other uses permitted by right in the district.
(4) Standards.
a. When considering applications for a conditional use permit, the Planning and
Zoning Board and the City Council shall, on the basis of the site plan and other
information submitted, evaluate the impact of the conditional use on, and the
compatibility of the use with, surrounding properties and neighborhoods to ensure the
appropriateness of the use at a particular location. The Planning and Zoning Board
and the City Council shall specifically consider the extent to which:
1. The proposed use at the specified location is consistent with the policies
embodied in the adopted comprehensive plan;
2. The proposed use is consistent with the general purpose and intent of the
applicable zoning district regulations;
3. The proposed use meets all supplemental standards specifically applicable to
the use as set forth in this Ordinance;
4. The proposed use is compatible with and preserves the character and integrity
of adjacent development and neighborhoods and, as required by the particular
Page 70 of 160
Pg. 127
circumstances, includes improvements or modifications either on-site or within
the public rights-of-way to mitigate development-related adverse impacts,
including but not limited to:
i. Adequate ingress and egress to property and proposed structures thereon
with particular reference to vehicular and pedestrian safety and convenience,
and access in case of fire;
ii. Off-street parking and loading areas;
iii. Refuse and service areas;
iv. Utilities with reference to location, availability, and compatibility;
v. Screening and buffering, features to minimize visual impacts, and/or setbacks from adjacent uses;
vi. Control of signs, if any, and proposed exterior lighting with reference to
glare, traffic safety, economic effect, and compatibility and harmony with
properties in the district;
vii. Required yards and open space;
viii. Height and bulk of structures;
ix. Hours of operation;
x. Exterior construction material and building design; and
xi. Roadway adjustments, traffic control devices or mechanisms, and access
restrictions to control traffic flow or divert traffic as may be needed to reduce
or eliminate development-generated traffic on neighborhood streets.
5. The proposed use is not materially detrimental to the public health, safety,
convenience and welfare, and does not result in material damage or prejudice to
other property in the vicinity.
b. In approving the application, the Planning and Zoning Board may recommend and
the City Council shall impose such conditions as are reasonably necessary to assure
compliance with these standards and the purpose and intent of this subsection, in
accordance with the procedures in this Ordinance. Any conditions imposed shall be
set forth in the ordinance approving the conditional use. The City shall maintain a
record of such approved conditional uses and conditions attached thereto.
c. The foregoing standards of development shall not be subject to variances that
otherwise could be granted by the Board of Adjustment, nor may conditions imposed
by the City Council subsequently be waived or varied by the Board. In conformity
with the authority of the City Council to authorize conditional uses, the City Council
may waive or modify specific standards otherwise made applicable to the use by this
Ordinance, to secure the general objectives of this subsection; provided, however, that
the City Council shall not waive or modify any approval factor set forth in this
subsection.
Page 71 of 160
Pg. 128
(5) Amendment. No proposed or existing building, premise or land use authorized as a
conditional use may be established, enlarged, modified, structurally altered, or otherwise
changed from that approved in the conditional use permit, unless such amendment is
authorized in accordance with the standards and procedures set forth in this subsection,
and the conditional use permit are amended accordingly.
(b) Reserved.
(c) Planned Development (PD) district.
(1) General purpose and description. The purpose of the planned development
regulations is to encourage flexibility in the use and development of land in order to
promote its most appropriate use; to provide a high level of urban amenities; to preserve
the quality of the natural environment; and to provide flexibility in the development of
land subject to development standards coordinated with the provisions of necessary
public services and facilities.
(2) Pre-application review. Prior to making an application to the Planning and Zoning
Board, the application shall be reviewed by the Development Review Committee (DRC).
There is no fee for this review. DRC review is for the purpose of providing information
to the applicant prior to their entering into binding contractual commitments or incurring
substantial expense in the preparation of plans, surveys or other data.
(3) Application of Planned Development district provisions. An application for a
planned development district is considered the same as a zoning change, and is therefore
made to the Planning and Zoning Board and City Council in the same manner that an
application for zoning change is made according to this Ordinance.
a. The application for PD zoning shall be accompanied by a development site plan,
the appropriate filing fee, along with a list of supplemental development regulations,
which will become a part of the amending ordinance and be referenced on the Zoning
Map. Changes in the development site plan or supplemental development regulations
shall be considered the same as changes in the Zoning Map. The proposed
application and site plan shall be processed as required except that minor changes,
which do not cause any of the following circumstances to occur, may be authorized
by the City Manager (or his/her designee):
1. A five percent (5%) or greater increase in the gross floor areas of structures:
2. Any substantial and material changes in external effects on adjacent property,
such as noise, heat, light, glare and vibration;
3. A ten percent (10%) or greater increase in the height of structures;
4. A ten percent (10%) or greater reduction in the originally approved setbacks
from property lines;
5. A five percent (5%) or greater reduction in the ratio of off-street parking and
loading space; and/or
Page 72 of 160
Pg. 129
6. A change in the size, height, lighting, flashing, animation or orientation of
originally approved signs, which were approved as part of the PD approval as a
sign plan.
b. The City Manager shall prepare a written report analyzing the development site
plan, and such report shall be given to the Planning and Zoning Board and the
applicant prior to the public hearing. Upon recommendation for approval by the
Planning and Zoning Board to the City Council, the request will be presented to the
City Council for a first reading and a final reading.
c. Effect of Planned Development district approval: Approval of a Planned
Development District shall constitute an amendment to the zoning ordinance.
Designation of a property as a Planned Development district, in accordance with an
approved development plan, shall supersede all existing and prior zoning
classifications. Such property shall for zoning purposes be identified by the letters
“PD” followed by an identifying number, assigned by the City Manager.
(4) Standards. All Planned Development districts shall, at a minimum, satisfy the
following standards and requirements:
a. Uses permitted. The development plan shall specify, both for the project as a
whole and/or for subareas within the project, as appropriate, those principal and
accessory uses as are to be permitted, identified as permitted uses, conditional uses,
and prohibited uses. The City Council may include or exclude uses from the
development plan or include uses with attached conditions as appropriate to achieve
the intent of these provisions.
In making its determinations of the uses to be permitted within the PD district, the
City Council may consider the compatibility and relationship of uses within the
project, the compatibility and relationship of permitted uses adjoining or in proximity
to the PD district, the appropriateness of permitted uses for the area in general and
their overall impact on the community, and the consistency of the permitted uses with
other adopted plans and policies.
b. Intensity of development. The development plan shall contain provisions to
regulate the intensity of development within the Planned Development district. Such
provisions may apply to the project as a whole or to subareas within the project, as
appropriate.
1. For non-residential development, the intensity of development may be
regulated:
i. By specifying an appropriate floor area ratio(s) (FAR);
ii. By specifying maximum square footage or gross leasable area;
iii. By specifying setbacks, height and bulk restrictions; or
iv. By a combination of such restrictions for the project as a whole or for
components or subareas within the project.
Page 73 of 160
Pg. 130
2. For residential development, the density of residential dwelling units within a
PD district shall be computed in accordance with a formula identified as part of
the development plan. Such density formula shall be accompanied by supporting
documentation and logic behind the density formula.
The permitted number of dwelling units may be distributed in any manner over
the residential portion of the project consistent with the intent and provisions of
this Ordinance. The development plan shall specify distribution of residential
density for the project as a whole or for subareas within the project as appropriate.
In making its determination regarding the distribution of residential densities, the
City Council may consider compatibility of residential densities with other uses
within the district as well as outside the district, the impact of residential densities
on public facilities and services, and the consistency with the master plan, the
comprehensive plan, and/or other adopted plans and policies.
c. Bulk, area and height requirements. The development plan shall specify bulk,
area and height restrictions for the project as a whole and for subareas and/or
components of the project as appropriate. The City Council may impose alternate or
additional standards or restrictions to achieve the intent of this Ordinance. In making
its determination regarding such standards or restrictions, the City Council may
consider the character and scale of the proposed development as it relates to other
uses and structures both within the district and outside the district, the general
character and scale of similar developments within the area of the proposal, and the
consistency with adopted plans and policies.
d. Public facilities. The development plan shall specify conditions, restrictions and
standards relating to the timely provisions of necessary public facilities as
appropriate. The City Council may impose conditions, restrictions and standards as
appropriate to achieve the intent of this title. In making its determination regarding
such conditions, restrictions and standards, the City Council may consider the
adequacy of existing facilities, the timely provision of adequate facilities and the
overall cost to the community.
e. Access to public thoroughfares. The development plan shall specify the location
and general design of ingress and egress to the project along with access restrictions
as appropriate. The City Council may impose such access standards and restrictions
as necessary to protect the integrity and function of the City’s thoroughfare system
and to otherwise achieve the intent of this title. In making its determination regarding
such access standards and restriction, the council may consider the classification and
function of the thoroughfare system, existing and projected traffic volumes, the
condition and design of the affected thoroughfares, the effect of the proposed
development on traffic flow and circulation patterns on other adopted plans and
policies.
f. Off-street parking and loading requirements. Unless specifically modified by the
development plan, the off-street parking and loading requirements contained within
the zoning regulations shall apply. Reductions in off-street parking and loading
standards shall be approved only if it can be demonstrated that parking demand will
Page 74 of 160
Pg. 131
be less due to density and/or occupancy characteristics of the project and/or the
availability of public transportation.
g. Signs. Unless specifically modified by the development plan, the sign regulations
contained within the zoning regulations shall apply. Modifications to the sign
regulations shall be approved only if the general intent to the sign regulations
regarding size, location, illumination, structural integrity and relation to surrounding
uses is satisfied.
h. Perimeter treatment. The development plan shall specify any special treatment of
perimeter areas designed to mitigate the impact of the project upon adjoining
properties and/or to achieve an appropriate transition between land uses and densities.
The council may impose those standards and requirements for perimeter treatment it
deems necessary to protect adjoining properties from adverse effects and to achieve
an appropriate transition of land uses and densities.
(5) Application Process.
a. Procedure. Applications for Planned Development (PD) District designation shall
be processed pursuant to a three-step review process as specified in this subsection.
The three-step procedure shall include: 1) a pre-application conference with DRC
(Development Review Committee); 2) a preliminary development plan (Planning and
Zoning Board); and 3) a final development plan (City Council).
b. Pre-application conference. The pre-application conference is an informal
procedure to assist the applicant in meeting various requirements of the City and to
provide an early preview of the application.
c. Preliminary development plan. Upon satisfying the pre-application conference
requirement, an applicant may submit an application to the Planning and Zoning
Board. The following information shall, at a minimum, be included in the
application:
1. A legal description of the site proposed for PD designation, including a
statement regarding present ownership and present zoning.
2. A master conceptual plan that indicates parcel, tract, or lot locations and
dimensions; density per gross and per net acres in the development and in each
land use component, if appropriate; the intensity of land use in the development
and each land use component, if appropriate; the amount of land in common area
open space, recreation use or public use, if appropriate; and the treatment of
project boundaries.
3. Written text which includes supporting graphics describing the overall concept
of the plan; the uses included and any limitations upon uses; building types and
prototypical site layouts, if appropriate; provisions for maintenance of common
areas; any proposed agreements, dedications or easements; any proposed private
covenants and restrictions; and any other information required by this subsection
or pertinent to a determination of compliance with this subsection.
Page 75 of 160
Pg. 132
4. A circulation plan that indicates roads adjoining the property; the location of
access from public roads into the project; and vehicular and pedestrian circulation
systems within the project. The circulation plan may be included as part of the
master conceptual plan.
5. An improvement plan that indicates water supply and distribution facilities as
well as the source of the water supply; sewage collection and disposal including
method and location of sewage discharge; methods and facilities for the
management of storm-water runoff; improvements to streets and roads; and any
other physical improvements required to support the project.
6. A statistical summary that indicates the number of acres in the project; the
number of acres allocated to each land use within the project; the gross and net
residential density within the project and within each land use component of the
project; and floor area, floor area ratios, open space ratios, and other data relating
the intensity of the development to the site size and location.
7. A parking analysis showing that the total parking demand for uses in the
Planned Development District does not exceed the total supply of available
parking spaces.
8. The following elements are optional at the request of the Planning and Zoning
Board:
i. A sign plan which indicates the location, size and design and other pertinent
provisions relating to signs within the project;
ii. A parking plan which shows the number of parking spaces as well as their
general location and design;
iii. An environmental impact statement indicating possible problem areas
within the site as well as solutions to these problems as intended by the
developer.
d. Final development plan. The City Council, after public hearing and proper notice
to all parties affected, and after recommendation from the Planning and Zoning
Board, shall review the Planned Development zoning request for final approval.
Chapter 4. Reserved.
Chapter 5. Development Standards
Sec. 12-5-1. Accessory building and use regulations.
(a) In a one-family or two-family residential district, an accessory building is a subordinate
or incidental building, detached from the main building, not used for commercial purposes
and not rented. Accessory buildings shall be located toward the rear portion of the property.
(b) In nonresidential districts, an accessory building is a subordinate building, the use of
which is secondary to and supportive of the main building. Accessory buildings shall not be
permitted without a main building or primary use being in existence. Accessory buildings
should, wherever possible, be located toward the rear portion of the property.
Page 76 of 160
Pg. 133
(c) Accessory dwelling units in the AG Agricultural district shall be allowed as an incidental
residential use of a building on the same lot as the main dwelling unit and used by the same
person or persons of the immediate family.
(1) The accessory dwelling unit may be constructed only with the issuance of a building
permit, and shall be constructed out of materials which aesthetically complement the
main structure.
(2) The accessory dwelling unit may not be sold separately from sale of the entire
property, including the main dwelling unit, and shall not be sublet.
(d) Height regulations. No accessory structure shall exceed one (1) story or twelve (12) feet
in height.
(1) Front yard. Detached accessory buildings shall be prohibited in front of the main
building.
(2) Side yard.
a. In all locations where building lines, setback lines or side yard lines are shown on
recorded plats, the minimum setback or side yard shall be as shown on the plat.
b. In all other locations, the minimum side yard setback shall be three (3) feet.
(3) Rear yard. There shall be a rear yard having a depth of not less than three (3) feet.
Sec. 12-5-2. Exterior construction and design requirements.
(a) Masonry requirements. Masonry construction shall include all construction of stone
material, brick material, concrete masonry units, or concrete panel construction, which is
composed of solid, cavity, faced, or veneered-wall construction.
Standards for masonry construction:
(1) Stone material may consist of granite, marble, limestone, slate, river rock, and other
hard and durable naturally occurring all weather stone. Cut stone and dimensioned stone
techniques are acceptable.
(2) Brick material shall be hard fired (kiln fired) clay or slate material which meets the
latest version of ASTM standard C216, Standard Specification for Facing Brick, and shall
be Severe Weather (SW) grade, and Type FBA or FBS or better.
(3) Concrete masonry units shall meet the latest version of the following applicable
specifications; ASTM C90, Standard Specification for Hollow Load Bearing Concrete
Masonry Units; ASTM C145, Standard Specification for Solid Load Bearing Masonry
Units; ASTM C129, Standard Specification for Hollow and Solid Nonload Bearing Units.
Concrete masonry units shall have an indented, hammered, split face finish or other
similar architectural finish as approved by the City Manager. Lightweight concrete block
or cinder block construction is not acceptable as an exterior finish.
Page 77 of 160
Pg. 134
(4) Concrete panel finish, pre-cast panel, tilt wall, or cementitious composition
reinforced panel construction shall be painted, fluted, or exposed aggregate. Smooth or
untextured concrete finishes are not acceptable unless painted.
(b) Construction standards. The standards and criteria contained within this Section are
deemed to be minimum standards and shall apply to all new, altered or repaired construction
occurring within the City.
(1) Residential:
a. All one-family dwellings, two-family dwellings and townhouses shall be of
exterior construction having at least seventy-five (75) percent of the total exterior
walls above grade level and below the first floor plate line, excluding doors and
windows, constructed of masonry. Strict adherence to this rule shall not be such as to
prevent architectural creativity for alterations or repairs, or for residences located in a
subdivision in which more than twenty-five (25) percent of the lots have been
developed.
b. All principal buildings and structures located in multifamily dwelling districts
shall be of exterior construction having at least seventy-five (75) percent of the total
exterior walls, excluding doors and windows, constructed of brick, stone, or other
material of equal characteristics.
c. Exemptions:
1. Accessory buildings one hundred twenty (120) square feet or less.
2. Provided the construction closely matches the aesthetics of the main structure,
accessory buildings exceeding one hundred twenty (120) square feet, which are
located on a premise in which the main structure is not in compliance with the
exterior masonry requirements as contained herein.
3. Accessory structures on property of two (2) acres or more, located in AG
Agricultural districts, provided that such structures are used solely for agricultural
purposes.
(2) Nonresidential:
a. All nonresidential structures shall be of exterior construction having at least
seventy-five (75) percent of the total exterior walls above grade level, excluding
doors and windows, constructed of the following materials:
Copper.
Limestone.
Rustic wood.
Stucco.
Tile.
Granite.
Marble.
Page 78 of 160
Pg. 135
Other stone materials as approved by the City Manager (or his/her designee).
Glass.
Strict adherence to this requirement shall not be such as to prevent architectural
creativity for alterations or repairs, or for structures that are designed to meet
franchise affiliation.
b. Temporary buildings and temporary building material storage areas to be used for
construction purposes only, may be permitted in accordance with a permit issued by
the Building Official and subject to periodic renewal by the Building Official for
cause shown. Upon completion or abandonment of construction or expiration of
permit, such field offices/buildings and material storage areas shall be removed to the
satisfaction of the Building Official.
c. Temporary portable buildings, including overseas shipping containers, cargo or
freight containers, PODS "portable on demand storage", and PSU's "portable storage
units", may be permitted with a temporary container permit in accordance with the
following stipulations:
1. A temporary container permit must be applied for by the owner of the property
upon which the portable storage container is proposed to be located. The
application shall require an exhibit showing the proposed location for the
structure and the duration of its intended use. The permit application and
associated fees shall be submitted through the offices of Planning and
Development.
2. Temporary portable storage containers shall not be permitted on lots without a
main structure.
3. No portable storage container shall have dimensions greater than sixteen (16)
feet in length, eight (8) feet in height or eight (8) feet in width, nor contain more
than one thousand twenty-four (1024) cubic feet.
4. All portable storage containers shall be in a condition free from rust, peeling
paint and other forms of deterioration.
5. All portable storage containers must include a "placard" not less than one
square foot which is clearly visible from the right-of-way which includes the
container identification number, date of its placement on the property, date that
removal will be required, permit number, and local telephone number.
6. Portable storage containers shall only be located on an improved surface.
7. Portable storage containers shall not be placed in required landscaped areas,
open areas, retention basins, drive aisles, fire lanes, loading zones, required
parking spaces, or other locations that may cause hazardous conditions, constitute
a threat to public safety, or create a condition detrimental to surrounding land uses
and development.
8. Portable storage containers shall be a minimum ten (10) feet from any
property line.
Page 79 of 160
Pg. 136
9. Portable storage containers shall be allowed for no more than a total of fifteen
(15) days in any consecutive 6-month period, unless the property owner has a
valid remodel permit or seasonal portable container permit, at which time the unit
may remain on the property for the duration of the permit. No more than one (1)
portable storage container shall be allowed per site.
10. When not attended containers shall be secured from entry by children and
general public.
11. Hazardous material shall not be stored in these containers.
12. A seasonal portable container permit may be applied for during the months
of October through December allowing up to five (5) storage containers per site.
This permit and associated fees shall be required to be updated annually. All other
requirements stated above must be met by all portable storage containers.
13. In residential districts, units shall be a minimum of ten (10) feet from any
property line.
Sec. 12-5-3. Home occupations regulations.
(a) Standards for controlling home occupations are set forth to minimize possible impacts on
neighboring property owners within residential areas. These standards are intended to allow
reasonable and comfortable enjoyment of adjacent and nearby property by their owners and
by occupants of neighboring residential dwellings, while providing opportunities for the
pursuit of home-based businesses.
(b) Home occupations shall be permitted as an accessory use in all zoning districts provided
that they comply with the following requirements:
(1) The residential character of the dwelling shall not be changed by said use;
(2) Such use shall be incidental and secondary to the main use of the premises, and shall
not utilize floor area exceeding twenty (20) percent of the combined gross floor area of
the dwelling unit and any accessory building(s) that are used for the home occupation (in
no case shall the combined floor area utilized for a home occupation exceed five hundred
(500) square feet);
(3) The occupation shall not employ more than one person who is not a member of the
household in which the home occupation occurs;
(4) Not more than two (2) patron or business-related vehicles shall be present at one
time, and the proprietor shall provide adequate off-street parking on the property where
the use is located;
(5) The operation shall be conducted entirely within the dwelling and/or accessory
structure and the hours of operation shall fall between 8:00 a.m. and 10:00 p.m.;
(6) One (1) commercial vehicle, capacity of one (1) ton or less (according to the
manufacturer's classification), may be parked on the property in connection with the
home occupation;
Page 80 of 160
Pg. 137
(7) The occupation activity shall not increase vehicular traffic flow beyond what
normally occurs within a residential district, and shall not require regular and frequent
deliveries by large delivery trucks or vehicles with a rated capacity in excess of one and
one-half (1 ½) tons (according to the manufacturer's classification);
(8) The home occupation shall not generate noise, vibration, glare, fumes/odors, heat or
electrical interference beyond what normally occurs within a residential district; and
(9) There shall be no public display of stock in trade upon the premises.
(c) Effect upon existing home occupations:
(1) Any home occupation that was legally in existence as of the effective date of this
Ordinance and that is not in full conformity with the provisions herein shall be deemed a
legal nonconforming use, provided that the home occupation use was not in violation of
any other local, state or federal law or regulation on that date.
(2) Any home occupation that was legally in existence as of the effective date of this
Ordinance and that conforms with (i.e., is not in violation of) the provisions herein shall
be hereby authorized to continue.
Sec. 12-5-4. Off-street parking and loading requirements.
(a) Standards for off-street parking and loading requirements are set forth to reduce hazards
to public safety, ensure efficient traffic flow, meet the currently adopted design criteria and
ordinances of the City, and establish standards for alternative parking plans.
(b) The parking standards of this Section shall apply to all proposed development in all
zoning districts, excluding the Central Business District, for the following:
(1) New structures;
(2) Changes in use;
(3) Substantial alterations to a structure, which create an increase in required parking of
ten (10) percent or more in the number of existing parking spaces;
(4) A change in the building or parking facility which alters the pattern of
pedestrian/vehicular interaction; or
(5) Construction, reconstruction, alteration or enlargement of a parking facility.
(c) Residential districts and uses (AG-Agricultural, RE-Residential Estate, RL-Residential
Lake Lots, R1-One-Family Residential and R2-Two-Family Residential):
(1) All required off-street parking shall be located on the same site as the primary
structure(s).
(2) All vehicle parking shall be paved to meet the currently adopted design criteria and
ordinances of the City. All driveways and approaches to parking spaces shall be
similarly paved to meet the currently adopted design criteria and ordinances of the City,
except those located in the AG-Agricultural zoning district.
(3) No parking shall be permitted on grass, within designated landscaped areas, or on
unimproved surfaces.
Page 81 of 160
Pg. 138
(4) Except as otherwise permitted herein, parking of heavy load vehicles shall be
prohibited. This requirement shall not prohibit commercial vehicles from making
deliveries in a residential district.
(5) Domestic and recreational vehicles, including boats, camper trailers, and utility
trailers shall be stored off the street and shall not be located in required front yard
building setbacks. The restrictions set forth herein shall not apply to the parking of a
recreational vehicle on a street or alley immediately abutting the lot upon which the
owner or operator of the vehicle resides, if such parking is solely for the purpose of or in
connection with a planned trip, outing or vacation, commencing or ending on the same
day of such departure or return, including any loading or unloading of persons and
personal effects, or for the preparation of the vehicle in regards to such departure or
return; provided, however, that such parking may not occur on more than three (3)
consecutive days in any seven (7) day period.
(d) Multifamily residential district and uses (R3-Multifamily Residential):
structure(s).
similarly paved to meet the currently adopted design criteria and ordinances of the City.
(4) Except as otherwise permitted herein, parking of heavy load vehicles shall be
prohibited. This requirement shall not prohibit commercial vehicles from making
deliveries in a residential district.
(5) Domestic and recreational vehicles, including boats, camper trailers, and utility
trailers shall be stored off the street and shall not be located in required front yard
building setbacks. Moreover, multifamily developments are encouraged to designate
specific areas for parking of domestic and recreational vehicles, including boats, camper
trailers, and utility trailers.
(e) Nonresidential districts:
structure(s).
similarly paved to meet the currently adopted design criteria and ordinances of the City.
(4) Required off-street parking spaces shall not be used for the storage or sale of
merchandise, nor shall required parking spaces be used for storage or display of vehicles
for rent, sale, lease, or repair. Spaces proposed for such uses shall be similarly designed
Page 82 of 160
Pg. 139
to those specifications for required parking spaces and paved to meet the currently
adopted design criteria and ordinances of the City.
(5) Refuse storage facilities placed in a parking lot shall not be located in a designated
parking or loading space. Each refuse facility shall be located so as to facilitate pickup by
refuse collection agencies.
(f) Parking space configuration, location, arrangement, size and circulation in all districts
shall be constructed according to the currently adopted design standards and ordinances of
the City.
(1) A required standard off-street parking space shall be at least nine (9) feet in width
and eighteen (18) feet in length exclusive of any access drives, aisles, or columns.
(2) A compact off-street parking space shall be at least nine (9) feet in width and sixteen
(16) feet in length, exclusive of any access drives, aisles, or columns. A maximum of ten
(10) percent of the required parking may be designated for compact cars when approved
as part of a detailed site development permit provided one (1) or more of the following
conditions apply:
a. When it is necessary to preserve the natural landscape and native trees; or
b. Required parking exceeds fifty (50) spaces; or
c. A shared parking plan has been approved by special exception.
The above conditions shall be reviewed by the Development Review Committee to
ensure consistency with the intent of the City’s adopted parking requirements.
Compact parking spaces shall be clearly marked as compact.
(3) A parallel parking space shall be at least eight (8) feet in width and twenty-two (22)
feet in length.
(4) All spaces shall have a minimum vertical clearance of eight (8) feet.
(5) Parking spaces shall be permanently and clearly identified by stripes, buttons, tiles,
curbs, barriers, or other approved methods. Non-permanent type marking, such as paint,
shall be regularly maintained to ensure continuous clear identification of the space.
(6) All parking and loading spaces, and vehicle sales areas on private property shall have
a vehicle stopping device (e.g., curb, wheel stop, etc.) installed so as to prevent parking
of motor vehicles in any required landscaped areas, to prevent vehicles from hitting
buildings, to protect public and/or private utility structures/facilities, and to prevent
parked vehicles from overhanging a public right-of-way line, public sidewalk, or adjacent
private property. An extra-wide walkway on private property may be permitted so as to
allow encroachment of vehicle overhang while maintaining an unobstructed four (4) foot
minimum walkway width. The requirement shall apply only where spaces are adjacent to
the walks, right-of-way, and required landscaping.
(7) Parking shall not be permitted to encroach upon the public right-of-way in any case.
For new construction only, all vehicle maneuvering shall take place on-site. No public
Page 83 of 160
Pg. 140
right-of-way shall be used for backing or maneuvering into or from a parking space, or
for circulation within the parking lot.
(8) Handicapped accessible parking requirements shall be provided and constructed
according to the currently adopted City codes, State and federal laws and the Americans
with Disabilities Act (ADA).
a. Accessible parking spaces serving a particular building shall be located on the
shortest accessible route of travel from adjacent parking to an accessible entrance. In
parking facilities that do not serve a particular building, accessible parking shall be
located on the shortest accessible route of travel to an accessible pedestrian entrance
of the parking facility. In buildings with multiple accessible entrances with adjacent
parking, accessible parking spaces shall be dispersed and located closest to the
accessible entrances. In no case shall accessible parking be located more than two
hundred fifty (250) feet from any such entrance.
b. Accessible parking spaces shall be at least 96 inches (2440 mm) wide. Parking
access aisles shall be part of an accessible route to the building or facility entrance
and shall comply with Section 4.3, Texas Accessibility Standards. Two accessible
parking spaces may share a common access aisle (see Fig. 9b). Parked vehicle
overhangs shall not reduce the clear width of an accessible route. Parking spaces and
access aisles shall be level with surface slopes not exceeding 1:50 (2%) in all
directions.
c. Each accessible parking space shall be designated as reserved by a vertically
mounted or suspended sign showing the symbol of accessibility. Spaces complying
with Section 4.1.2(5)(b) of the Texas Accessibility Standards shall have an additional
sign "Van-Accessible" mounted below the symbol of accessibility.
1. Characters and symbols on such signs shall be located no less than sixty (60)
inches above the ground, floor, or paving surface so they cannot be obscured by a
vehicle parked in the space.
2. Signs located within an accessible route shall comply with Section 4.4.2 of the
Texas Accessibility Standards.
3. Characters and symbols on overhead signs shall comply with Section 4.30.3 of
the Texas Accessibility Standards.
d. The total number of accessible parking spaces shall be calculated as follows:
[TABLE INSET:]
Total Parking in Lot
Required Minimum Number of Accessible
Spaces
1 to 25
1
26 to 50
2
51 to 75
3
Page 84 of 160
Pg. 141
76 to 100
4
101 to 150
5
151 to 200
6
201 to 300
7
301 to 400
8
401 to 500
9
501 to 1000
2 percent of total
1001 and over
20 plus 1 for each 100 over 1000
(g) Parking lot and off-street parking space design standards, in conjunction with
specifications included in the currently adopted design standards and ordinances of the City ,
shall meet the following general requirements:
(1) Driveway and parking areas must be graded to drain and be paved with an allweather smooth surface adequate to support the anticipated loads and type of traffic that
will use the facility.
(2) Entrance and exit drives that extend into the site shall be designed to provide
adequate queuing of vehicles to minimize traffic congestion within the site and adjoining
public streets.
(3) If projected volumes of traffic entering or leaving a development are likely to
interfere with the projected peak traffic flow volumes on adjoining streets, the City
Engineer may require the developer to provide additional right-of-way and paving in the
form of a deceleration lane or turn lane. This determination shall be made at the time the
site development permit is submitted for approval.
(4) Vehicular access to non-residential uses shall not be permitted from alleys serving
residential areas, and shall not be configured as “head-in” parking spaces that are
accessed directly from the street.
(5) The perimeter of all parking lots and driveways constructed for nonresidential and
multifamily use shall be provided with concrete curbs or other acceptable methods
approved by the City Engineer, to control traffic.
(6) Fire lanes shall be provided in accordance with the currently adopted version of the
International Fire Code and other applicable City ordinances.
(7) Aisle widths shall be provided as follows:
a. For parking spaces laid out at an angle of ninety (90) degrees to an aisle, an aisle
width of twenty-four (24) feet shall be required.
b. For parking spaces laid out at an angle of sixty (60) degrees to an aisle designed
for two-way traffic, an aisle width of twenty-two (22) feet shall be required.
Page 85 of 160
Pg. 142
c. For parking spaces laid out at an angle of sixty (60) degrees to an aisle designed
for one-way traffic, an aisle width of nineteen (19) feet and five (5) inches shall be
required.
d. For parking spaces laid out at an angle of forty-five (45) degrees to an aisle
designed for two-way traffic, an aisle width of twenty-one (21) feet shall be required.
e. For parking spaces laid out at an angle of forty-five (45) degrees to an aisle
designed for one-way traffic, an aisle width of seventeen (17) feet shall be required.
f. For parking spaces laid out at an angle of thirty (30) degrees to an aisle designed
for two-way traffic, an aisle width of twenty-one (21) feet shall be required.
g. For parking spaces laid out at an angle of thirty (30) degrees to an aisle designed
for one-way traffic, an aisle width of seventeen (17) feet shall be required.
h. For parking spaces laid out parallel to an aisle designed for two-way traffic, an
aisle width of twenty-four (24) feet shall be required.
i. For parking spaces laid out parallel to an aisle designed for one-way traffic, an
aisle width of twelve (12) feet shall be required.
Reductions to the minimum drive aisle width may be approved by the City Engineer (or
his/her designee).
(8) Parking lot lighting shall be shielded so that it does not cast direct light beyond the
property line. Parking lots shall be illuminated during night business hours.
(9) To ensure that all requirements set forth in this section are carried forward, it will be
the responsibility of the owner of the parking area to adequately maintain the facility. All
off-street parking areas shall be kept free of trash, debris, vehicle repair operation or
display and advertising uses. At no time after initial approval of the parking area layout
can changes be made in the location and number of provided spaces without approval of
the City Engineer (or his/her designee).
(h) Requirements for the number of spaces are based on occupant loads established by the
current adopted version of the Building Code. For any land use activity not otherwise
identified herein, the number of spaces required shall be a number of spaces determined by
the Director of Planning and Development to be reasonably necessary and consistent with the
requirements set forth herein for comparable land use activities.
Except as provided herein, parking shall be provided at a ratio of one (1) parking space for
every three (3) occupants plus employee parking.
(1) For Family Homes, Industrialized Housing, Manufactured Housing, Multiple SingleFamily Dwellings (Townhouses), One-Family Dwellings and Two-Family Dwellings,
two (2) enclosed spaces per dwelling, plus two (2) additional parking spaces per dwelling
shall be provided on a paved driveway having a minimum length of twenty-five (25) feet.
In addition to the aforementioned requirements, one (1) parking space per bedroom
available for rent shall be required for Bed and Breakfast operations and Boarding
Houses.
Page 86 of 160
Pg. 143
(2) For Community Homes, one (1) parking space per bedroom shall be required as set
forth in the Texas Human Resource Code, Chapter 123.
(3) For Multifamily Dwellings, one and one-half (1.5) spaces per one (1) bedroom unit,
two (2) spaces per two (2) bedroom unit, two and one-half (2.5) spaces per three (3)
bedroom unit and (3) spaces per unit containing four (4) or more bedrooms shall be
required. The average number of parking spaces for the total development shall be no
less than two (2) spaces per dwelling unit.
(4) For Child Care Facilities, Elementary and Secondary Schools, one (1) parking space
for every nine (9) occupants, plus employee parking shall be required.
(5) For Telemarketing Agencies, one (1) parking space per employee shall be required.
(6) For Light Manufacturing, Sand/Gravel/Caliche/Stone Sales (Storage), one (1)
parking space for every five (5) occupants, plus employee parking shall be required.
(7) For Heavy Manufacturing, Transfer Stations, Landfill and Recycling Centers, one (1)
parking space for every nine (9) occupants, plus employee parking shall be required.
Employee parking shall be provided based on one (1) space per employee on duty at any one
time during any one (1) shift. If more than one (1) shift is required for the operation of the
business or use, the number of employee spaces shall be based on the number of employees
on duty during the shift requiring the largest number of employees.
(i) Calculation of spaces:
(1) In residential districts in which garage space is shown on the plan, the garage space
may be considered in determining whether required parking has been met.
(2) In multi-family and nonresidential zoning districts, requirements for the number of
parking spaces may result in a fractional parking space. For fractional parking spaces, a
whole space meeting the specifications, as set forth in the currently adopted version of
the City’s Technical Construction Standards and Specifications and other applicable
ordinances of the City, shall be provided.
(3) In determining the total number of parking spaces required for any building, each
portion of the building may be considered separately by use, with the total number of
spaces required for the entire building being equal to the sum of the totals of the number
of spaces required for each individual portion of the building.
(j) Vehicle stacking requirements for drive-through facilities:
(1) Design and layout of stacking spaces shall be subject to the following standards:
a. Stacking spaces shall be a minimum of nine (9) feet in width by twenty (20) feet in
length.
b. Stacking spaces shall not impede on-site or off-site traffic movements or
movements into or out of off-street parking spaces.
c. Stacking spaces shall be separated from other internal driveways by raised
medians as determined by the City Engineer.
Page 87 of 160
Pg. 144
d. Stacking spaces shall be provided in excess of the space required to service the
vehicle/customer.
(2) Minimum number of stacking spaces:
a. For car washes, kiosks (providing a service) and motor vehicle service, three (3)
stacking spaces shall be required.
b. For office, professional service and retail sales, five (5) stacking spaces shall be
required.
c. For restaurants, five (5) stacking spaces shall be required. An escape lane of at
least eight (8) feet in width, with negotiable geometric design, from the beginning of
the stacking lane to the first stop must also be provided.
(k) Off-street loading spaces or berths:
(1) Loading spaces or berths shall be required for all non-residential uses for the loading
and unloading of merchandise and goods within or adjacent to the building in such a
manner as to not obstruct the freedom of vehicular or pedestrian movement on the public
right of ways.
(2) All drives and approaches shall be designed, in accordance with the City’s Technical
Construction Standards and Specifications and other applicable City ordinances, to
provide adequate space and clearances to allow for off-street maneuvering of vehicles.
(3) Each required off-street loading space or berth shall be provided with a means of
unobstructed ingress and egress to an alley or onto a public street wide enough to
accommodate expected vehicles.
(4) Loading spaces or berths shall be a minimum of ten (10) feet in width by twenty-five
(25) feet in length with fourteen (14) feet of vertical clearance. Particular consideration
shall be given to the design and accommodation of the type of delivery vehicles generally
associated with the proposed use of the property.
(5) The minimum number of off-street loading spaces or berths shall be as follows:
[TABLE INSET:]
Total Square Feet of GFA (gross floor area)
in Structure
Minimum Required Spaces or Berths
0-10,000
0
10,001 - 50,000
1
50,001-100,000
2
Each additional 100,000
1 additional
(6) Loading docks shall be oriented away from public streets and, where adjacent to a
residential district, shall be screened.
Page 88 of 160
Pg. 145
(7) No motor vehicle repair work or service of any kind shall be permitted in conjunction
with loading facilities.
(l) Alternative parking plans may be presented to the Development Review Committee for
consideration and recommendation of special exception. All submittals shall include, at a
minimum, the size and type of the proposed development, the mix of uses (and their ratios),
the anticipated rate of parking turnover and the anticipated peak parking and traffic loads of
all uses. Factors considered in alternative parking plans:
(1) Reductions in the number of required parking spaces for progressive environmentally
friendly parking plan design. All submitted requests shall include parking data, prepared
and sealed by a registered engineer with transportation expertise, illustrating that the
requirements of this Ordinance should be reduced for the specific development, provided
that the reduction satisfies the intent of this Ordinance.
(2) Off-site parking. Required parking for convenience stores or convenience-oriented
uses or handicapped accessible parking will not be considered.
a. Location. No off-site parking space shall be located more than three hundred
(300) feet from the primary entrance of the use served (measured along public
walkways). Off-site parking spaces shall not be separated from the use served by an
Interstate or major thoroughfare right-of-way (as designed in the Thoroughfare Plan),
unless a grade-separated pedestrian walkway is provided, or traffic control or remote
parking shuttle bus service is provided.
b. Shared parking agreement. If an off-site parking area is not under the same
ownership as the principal use served, a written agreement between the record owners
shall be required. The owner of the off-site parking area shall enter into a written
agreement in a form acceptable to the City Attorney, providing that the land
comprising the parking area shall never be disposed of except in conjunction with the
sale of the building which the parking area serves so long as the facilities are
required; and that such agreement shall bind his/her heirs, successors and assigns; and
that such agreement shall be signed by all parties and recorded in the offices of the
County Clerk.
c. Off-site parking shall not be allowed for convenience stores, convenience-oriented
uses or required handicapped accessible parking.
Sec. 12-5-5. Landscape/screening requirements.
(a) Violations. Any person who violates, neglects, or refuses to comply with any provisions
of this Section, or any owner or general agent of a building or premises where a violation of
any provision of this Section has been committed or exists, or the lessee or tenant of an entire
building or entire premises where such violations have been committed or exist, or any
contractor or craftsman who violates, neglects, allows to exist, or refuses to comply with any
provisions of this Section, or the owner, general agent, contractor, lessee or tenant of any part
of the building in which such violation has been committed or exists, or who commits, takes
part in or assists in such violations, shall be in violation of this Section.
(b) Purpose. The purpose of this Section is:
Page 89 of 160
Pg. 146
(1) To provide quality visual appeal to buildings and paved areas through the use of
trees, shrubs, and plants.
(2) To encourage areas of established native trees and shrubs to be preserved within a
project development site and to properly protect preserved areas during construction.
(3) To preserve healthy environmental conditions by providing shade, air purification
and oxygen generation, groundwater recharge, storm water runoff retardation, and noise,
glare and heat abatement through preservation of areas of native trees and shrubs and
through the installation of new landscape.
(4) To buffer uncomplimentary land uses.
(5) To require timely replacement of landscape components lost after installation.
(c) Applicability. Landscaping, consisting of trees, shrubs, ground cover, and screening shall
be required, in accordance with this Section, for all new construction. All plans submitted in
support of a building permit shall include a landscape plan, which shall include all elements
in accordance with the specifications on file in the offices of Planning and Development.
(d) General standards. The following criteria shall apply to all landscaping materials and
installations:
(1) Quality. All trees and shrubs used in conformance with the provisions of this Section
shall have well developed leaders and tops and roots characteristic of the species, cultivar
or variety and shall show evidence of proper nursery pruning. All plant materials shall be
free of insects, diseases, mechanical injuries and other objectionable features at the time
of planting.
(2) Coverage. Grass, ground cover, shrubs and other living landscaping material shall be
used to cover all ground. Landscaping material, such as mulch, bark, and decorative
rock, can be incorporated into a landscape plan, where appropriate.
(3) Trees. All new trees shall be of a species common to this area of North Texas, in
accordance with the tree list on file in the offices of Planning and Development. Caliper
measurements shall be taken at a point six (6) inches above grade. Trees shall have the
following minimum characteristics:
a. Canopy trees grow to a minimum height of twelve (12) feet at maturity. All
canopy trees shall have a minimum caliper of two (2) inches at time of planting.
b. Understory trees shall have a maximum height of (30) thirty feet at maturity. All
understory trees shall have a minimum caliper of one and one-half (1 ½) inches at
time of planting.
c. Ornamental trees shall have a minimum caliper of one (1) inch at time of planting.
d. Evergreen or conifer trees shall have a minimum height of twelve (12) feet at
maturity. All evergreen or conifer trees shall be at least four (4) feet in height at time
of planting.
(4) Shrubs and hedges. Shrubs shall be a minimum of eighteen (18) inches in height at
time of planting. Hedges shall be planted and maintained to form a continuous,
Page 90 of 160
Pg. 147
unbroken, visual screen, which will be a minimum of three (3) feet in height within one
(1) year of planting.
(5) Ground cover. Ground covers used in lieu of grass shall be planted in such a manner
as to present a finished appearance and reasonably complete coverage.
(6) Grass. Grass may be sodded, plugged, sprigged or seeded. In swales, berms, or
other areas subject to erosion, solid sod shall be used.
(e) One and Two-family residential landscaping requirements. Residential landscape areas
shall contain (2) two canopy, understory, ornamental or evergreen trees and eight (8) shrubs
per one hundred (100) linear feet, or portion thereof, of front yard street frontage. Where this
street frontage is less than fifty (50) linear feet, only one (1) canopy, understory, ornamental
or evergreen tree and four (4) shrubs are required.
(f) Multifamily and non-residential landscaping requirements. Landscape plans shall be
prepared by an architect, landscape architect, land surveyor or engineer, licensed in the state
of Texas. The City Manager may, upon receipt of a favorable recommendation by the DRC,
waive the requirement of preparation by a licensed professional. The interior and perimeter
of parking lots and vehicular use areas, shall be landscaped in accordance with the following
criteria:
(1) Interior landscaping:
a. A minimum of two hundred fifty (250) square feet of area for every ten (10)
parking spaces shall be devoted to living landscaping, which includes grass, ground
cover, plants, shrubs and trees.
b. Where a lot has frontage on more than one street, the required interior landscaping
shall be distributed proportionately to the number of parking spaces located between
each building line and its adjacent street line. These plantings shall be grouped in
such a way as to provide visual relief to those building elevations, which are viewed
by the general public.
c. Interior landscape areas shall be protected from vehicular encroachment or
overhang by way of curbs or other means approved by the City Engineer.
d. There shall be a minimum of one (1) canopy, understory, or ornamental tree
planted for each fifteen (15) parking spaces, or fraction thereof. For every tree
planted, four (4) shrubs shall be planted. The planted areas shall be sodded or
mulched.
e. Interior planting areas shall be a minimum of one hundred (100) square feet for
each understory tree and two hundred (200) square feet for each canopy tree
dimensioned in such a way as to provide a suitable area for planting. Interior planting
areas shall be located within seventy-five (75) feet of any parking space.
(2) Perimeter landscaping:
a. A minimum of one (1) canopy tree, understory, ornamental or evergreen tree and
four (4) shrubs shall be required as perimeter landscaping per one hundred (100)
linear feet of street frontage.
Page 91 of 160
Pg. 148
b. Perimeter landscaping shall be located within the front and side yard setback
between each building line and its adjacent street line.
c. When pre-approved by the City Manager, and where public easements or other
conditions, not under the control of the developer, would not allow for the planting of
trees, each required tree may be replaced by eight (8) shrubs or eight (8) perennial
bed plantings, each a minimum of one-gallon size at planting.
d. Where a perimeter landscape area is less than fifty (50) linear feet, only one
canopy, understory, ornamental or evergreen tree and two (2) shrubs is required. In
lieu of the tree installation, a total of four (4) shrubs may be substituted. Required
trees and shrubs may be clustered to allow for the most effective use of landscaping.
e. Perimeter planting areas shall be a minimum of one hundred (100) square feet for
each understory tree and two hundred (200) square feet for each canopy tree
dimensioned in such a way as to provide a suitable area for planting.
f. All other disturbed areas shall be landscaped with grass or other ground cover.
(3) Whenever an off-street parking or vehicular use area abuts a public right-of-way, a
perimeter landscape area at least five (5) feet in depth shall be maintained between the
abutting right-of-way and the off-street parking or vehicular use area.
(4) Necessary access ways from the public right-of-way shall be permitted to pass
through all landscaping.
(5) Areas used for parking or vehicular storage which are under, on, or within buildings
are exempt from these standards.
(g) Buffering and screening requirements.
(1) All plans submitted as part of a building permit or conditional use permit application
shall include a detailed drawing of applicable screening methods in accordance with this
Section. No buffer or screening requirement located on an adjacent property may be
utilized as a portion of any required buffer or screen.
a. Trash bins and storage areas. Trash bins and storage areas located in multi-family
residential and non-residential zoning districts shall be enclosed with either a
permanent wall or solid fence.
b. Parking lot screening on rear and side yards. Any off-street parking area
providing space for five (5) or more vehicles shall be effectively screened on any side
or rear yard which abuts a residentially zoned lot.
c. At the time of development of property zoned C1, C2, or I, a buffer or screen shall
be provided along all common property lines between the commercial development
and any residential zoning district.
d. Screening fences/walls shall be placed such that they do not impede visibility for
vehicles entering or exiting the property.
Page 92 of 160
Pg. 149
(2) A screen shall consist of a screen wall, fence, earth berm, or densely planted
evergreens to effectively restrict seventy-five (75) percent of the view to adjoining
property to a height of not less than eight (8) feet.
(3) For the purposes of this Section the following terms shall be deemed to have the
meaning indicated below:
Berms. A screen constructed of earthen materials, which shall not exceed a slope steeper
than two and one half (2 ½) feet horizontal to one (1) foot vertical. A berm shall be so
designed that drainage from said slope shall be directed away from paved areas and
sidewalks and shall be sodded and landscaped as necessary to provide topsoil
stabilization. Berms shall not exceed eight (8) feet in height.
Fence, open. An open weave or mesh type fence, constructed of wood or other approved
materials, which shall be not less than six (6) feet nor more than eight (8) feet in height.
Fence, solid. A fence, constructed of wood or other approved material, which shall not
be less than six (6) feet nor more than eight (8) feet in height.
Retaining wall. A structure constructed or erected between lands of different elevations.
A retaining wall, which directly abuts and faces a residential zoning district, shall not
have an exposed wall face greater than eight (8) feet in height. A retaining wall, which
directly abuts and faces any zoning district, other than residential, shall not have an
exposed wall face greater than twelve (12) feet in height. When special property
conditions exist, which make it unfeasible to meet these requirements, applicants may
present alternative recommendations to the DRC for consideration. The recommendation
of DRC shall be presented to the City Manager for consideration. No permit for any
alternative method shall be issued without final approval from the City Manager.
Walls. A screen consisting of concrete, stone, brick, tile or other approved solid masonry
material, which shall be not less than six (6) feet nor more than eight (8) feet in height.
(4) In one and two-family residential zoning districts, no fence or wall shall be erected in
any front yard or side yard which is adjacent to a public street, except decorative fences
or walls less than five (5) feet in height with a maximum opacity of fifty (50) percent.
(5) In nonresidential and multi-family zoning districts, no fence or wall shall be erected
in any front yard or side yard which is adjacent to a public street, except decorative
fences or walls less than eight (8) feet in height with a maximum opacity of fifty (50)
percent.
(6) Chain link, woven wire mesh or other similar materials are not considered decorative
fencing.
(7) Any fence or wall located to the rear of the minimum required front yard line or side
yard line adjacent to a public street shall not exceed eight (8) feet in height.
(8) Special purpose fencing, such as fencing around tennis courts, may be permitted by
the Director of Planning and Development (or his/her designee) where applicable.
(9) No barbed wire or electrical fencing shall be allowed except as used for farm or
ranching purposes on undeveloped land over one (1) acre in size.
Page 93 of 160
Pg. 150
(10) No fence or wall shall be erected, moved, added to, or structurally altered without a
permit issued by the City of Weatherford's Building Official (or his/her designee).
(h) Exceptions.
(1) Sight triangle. On a corner lot in any district, no planting, berm, fence or wall shall
be placed in such a manner as to impede vision within the intersection clear sight triangle
as shown in the City of Weatherford Design Criteria for Public Improvement Projects, on
file in the office of the City Engineer.
(2) Special circumstances. When circumstances prevent appropriate installation of
landscaping to satisfy these requirements, the City Manager may approve an application,
upon review and recommendation from the DRC providing an alternative method of
compliance.
(3) Exemption for property in Central Business District. Due to the unique nature of
those properties in the CBD, the City Manager shall have full authority to exempt
developments from the requirements of this Section.
(i) Unauthorized removal. No required screening, landscaping, or landscape buffer shall be
removed from any multi-family or non-residential property without first obtaining a permit,
by submitting and obtaining approval of a landscaping plan, which provides for replacement
conforming to all provisions of this Section.
(j) Security, maintenance.
(1) Landscaping to be in place prior to issuance of Certificate of Occupancy (CO). All
landscaping and screening material, living and nonliving, shall be healthy and in place
prior to issuance of the CO. If seasonal limitations prevent planting, and if security, as
described herein, is provided, a CO may be issued.
(2) Security required. Security in the form of cash, a performance bond, cashier’s check,
or irrevocable letter of credit, in an amount equal to the cost of the landscaping and
installation costs shall be provided by the permittee, prior to issuance of the CO. Upon
completion of the landscaping, with final approval by the City Manager, the security will
be returned to the permittee. Should the permittee fail to complete the required
landscaping as required by the plan submitted and approved, the City shall use the
security to complete the landscaping as required by the plan. Any excess from the
security not used to complete the landscaping shall be returned to the permittee.
(3) Maintenance.
a. The owner of the property shall be responsible for maintaining the landscaping
required by this Section. Plant material shall be maintained in a healthy and growing
condition that is appropriate for the season of the year. Plant materials, which die,
shall be replaced with healthy plant material of similar variety and meeting the size
requirements contained herein.
b. The developer, his/her successor and/or subsequent owners and their agents shall
be responsible for the continued maintenance of landscaping.
Page 94 of 160
Pg. 151
c. Plant materials, which exhibit evidence of insects, pests, disease, and/or damage
shall be appropriately treated, and dead plants properly removed and replaced within
the next planting season.
d. All landscaping shall be subject to periodic inspection.
e. Should landscaping not be installed, maintained and replaced as needed to comply
with the approved plan, the owner and his/her agent shall be considered in violation
of the terms of the building permit and this Section.
f. No open burning of brush, timber and/or vegetation, except as permitted by the
Weatherford Fire Department, shall be allowed.
g. All required landscaped areas located within all multi-family and non-residential
zoning districts shall be irrigated with an in ground, automated sprinkler or drip
irrigation system that use rain and freeze sensors.
h. All required landscaped areas located within any one-family or two-family
residential zoning district shall be irrigated with an in ground sprinkler or drip
irrigation system that use rain and freeze sensors, or have other irrigation means
available, such as a water faucet or bibcock.
(k) Exemption of rights-of-way and utility easements. Public road rights-of-way and utility
easements are exempt from the provisions of this Section.
(l) Existing developed areas. As of the effective date of this Ordinance, all property
currently under development and not in compliance with the provisions of this Section, shall
be considered legal nonconforming and allowed to continue, so long as no building permit is
issued for enlargement of a structure. At the time that such a permit is issued, the following
requirements shall be met:
(1) No additional landscaping areas shall be required, if existing buildings and structures
are replaced with new buildings or structures, with the same total floor space, provided a
building permit for replacement is applied for, within one (1) year after the existing
buildings are removed.
(2) No additional landscaping areas shall be required, if a use expands into or is
established in existing floor area that was previously unfinished or otherwise not
available for occupancy.
(3) No additional landscaping areas shall be required if:
a. The lot is enlarged by less than twenty five (25) percent of the existing lot, or by
less than twenty thousand (20,000) square feet, whichever is greater; or
b. The new floor area is enlarged by less than twenty five (25) percent of the existing
floor area or by less than two thousand (2,000) square feet, whichever is greater.
c. If the enlargement exceeds a or b of this Section, one hundred (100) percent of the
landscape designated by the zoning district is required.
(m) Approved plant list. Approved plants shall be those identified in the Texas SmartScape
database, managed by Texas A&M University.
Page 95 of 160
Pg. 152
Sec. 12-5-6. Performance standards.
In all zoning districts, any use indicated in the permitted use list shall conform in operation,
location, and construction to the performance standards as administered by county, state and/or
federal agencies. All uses, including those that may be allowed in PD Planned Development
zoning districts or by Conditional Use, unless expressly provided for otherwise, shall conform in
operation, location, and construction to appropriate performance standards for noise, smoke, and
particulate matter, odorous matter, fire, or explosive hazard material, toxic and noxious matter,
vibration, and glare.
All federal and state pollution, noise, and requirements for toxic waste disposal shall be
observed.
(a) Noise. At no point at the bounding property line of any use shall the sound pressure level
of any operation or plant exceed the decibel limits specified in the octave band groups
designated in the following table:
(1) Maximum permissible daytime* octave band:
TABLE INSET:
Decibel Limits at the Bounding Property Line**
Octave Band
37
75
150
300
600
1200
2400
4800
A
(cps)
75
150
300
600
1200
2400
4800
9600
Scale
Decibel Band
Limit (db re
0.0002
Microbar
86
76
70
65
63
58
55
53
65
Note -- "A scale" levels are provided for monitoring purposes only and are not applicable to
detailed sound analysis.
* "Daytime" shall refer to the hours between sunrise and sunset on any given day.
** "Bounding property line" shall be interpreted as being at the near side of any street, alley,
stream, or other permanently dedicated open space from the noise source when such open space
exists between the property line of the noise source and adjacent property. When no such open
space exists, the common line between two parcels of property shall be interpreted as the
bounding property line.
(2) The following corrections shall be made to the table of octave band-decibel limits in
determining compliance with the noise level standards:
a. When noise is present at nighttime, subtract (-7db.)
b. When noise contains strong pure-tone components or is impulsive, that is when
meter changes at ten (10) decibels or more per second, subtract (-7db.)
c. When noise is present for not more than the following, add (+10db):
Page 96 of 160
Pg. 153
d. Two (2) minutes in any two (2) hour period
e. One (1) minute in any one (1) hour period
f. Ten (10) minutes in any two (2) hour period
g. Twenty (20) minutes in any four (4) hour period
(3) Measurement of noise shall be made with a sound level meter on octave band
analyzer meeting the standards prescribed by the American Standards Association.
(4) Exemptions. The following uses and activities shall be exempt from the noise level
regulations herein specified.
a. Noises not directly under control of the property user.
b. Noises emanating from construction and maintenance activities between the hours
of 7:00 a.m. and 7:00 p.m. (daylight hours).
c. Noises of safety signals, warning devices and emergency pressure relief valves.
d. Transient noise of moving sources such as automobiles, trucks, and airplanes.
(b) Smoke and particulate matter. No operation or use shall cause, create, or allow the
emission for more than three (3) minutes in any one hour of air contaminants which at the
emission point or within the bounds of the property are:
(1) Of such opacity as to obscure an observer's view to a degree equal to or greater than
does smoke or contaminants in the standard prescribed by the American Society for
Testing Materials (ASTM) except that, when the presence of uncombined water is the
only reason for failure to comply or when such contaminants are emitted inside a building
which prevents their escape into the atmosphere, the standards specified in A.S.T.M.D. 31302-1 and 3-1302-2 shall not apply.
(2) The emission of particulate matter from all sources shall not exceed one half (0.5)
pounds per acre of property within the plant site per any one (1) hour.
(3) Open storage and open processing operations, including on-site transportation
movements which are the source of wind or air borne dust or other particulate matter; or
which involves dust or other particulate air contaminants, generating equipment such as
used in paint spraying, grain handling, sand or gravel processing or storage or sand
blasting shall be so conducted that dust and other particulate matter so generated are not
transported across the boundary line of the tract on which the use is located in
concentrations exceeding four (4) grains per one thousand (1,000) cubic feet of air.
(c) Odorous matter.
(1) No use shall be located or operated which involves the emission of odorous matter
from a source of operation where the odorous matter exceeds the odor threshold at the
bounding property line or any point beyond the tract on which such use or operation is
located.
(2) The odor threshold as herein set forth shall be determined by observation by a person
or persons. In any case, where uncertainty may arise or where the operator or owner of an
Page 97 of 160
Pg. 154
odor emitting use may disagree with the enforcing officer or where specific measurement
of odor concentration is required, the method and procedures specified by American
Society for Testing Materials A.S.T.M.D. 1391-57 entitled "Standard Method for
Measurement of Odor in Atmospheres" shall be used and a copy of A.S.T.M.D. 1391-57
is hereby incorporated by reference.
(d) Fire or explosive hazard material.
(1) No use involving the manufacture or storage of compounds or products which
decompose by detonation shall be permitted except that chlorates, nitrates, perchlorates,
phosphorus, and similar substances and compounds in small quantities for use by
industry, school laboratories, druggists or wholesalers may be permitted when approved
by the Fire Chief of the City of Weatherford.
(2) The storage and use of all flammable liquids and materials such as pyroxylin plastics,
nitrocellulose film, solvents, and petroleum products shall be permitted only when such
storage or use conforms to the standards and regulations of the City of Weatherford Fire
Code or are approved by the Fire Chief.
(e) Toxic and noxious matter.
No operation or use shall emit a concentration across the bounding property line of the tract
on which such operation or use is located of toxic or noxious matter which will exceed ten
(10) percent of the concentration (exposure) considered as the threshold limit for an
industrial worker as such standards are set forth by the Texas State Department of Health in
"Threshold Limit Values Occupational Health Regulation No. 3," a copy of which is hereby
incorporated by reference.
(f) Vibration.
No operation or use shall at any time create earthborne vibrations which when measured at
the bounding property line of the source operation exceed the limits of displacement set forth
in the following table in the frequency ranges specified:
TABLE INSET:
Frequency
Cycles Per Second
Displacement
in Inches
0 to 10
0.0010
10 to 20
0.0008
20 to 30
0.0005
30 to 40
0.0004
40 and over
0.0003
(g) Lighting and glare standards.
Page 98 of 160
Pg. 155
Standards for controlling lighting and glare are set forth to reduce the annoyance and
inconvenience to property owners and traffic hazards to motorists. These standards are
intended to allow reasonable enjoyment of adjacent and nearby property by their owners and
occupants while requiring adequate levels of lighting of parking areas.
(1) Nonresidential site lighting and glare standards.
a. Any use shall be operated so as not to produce obnoxious and intense glare or
direct illumination across the bounding property line from a visible source of
illumination of such intensity as to create a nuisance or detract from the use or
enjoyment of adjacent property. All outside lights shall be made up of a light source
and reflector so selected that acting together, the light beam is controlled and not
directed across any bounding property line above a height of three feet. The allowable
maximum intensity measured at the property line of a residential use in a residential
district shall be 0.25 foot candles. Light poles shall be placed on the site a setback
equal to its height from all adjacent residential property.
b. All off-street parking areas for non-residential uses in non-residential districts that
are used after dark shall be illuminated beginning one-half hour after sunset and
continuing throughout the hours of business operation. If only a portion of a parking
area is offered for use after dark, only that part is required to be illuminated in
accordance with these standards. However, the portion offered for use shall be clearly
designated. Lighting within the parking areas shall meet the following minimum
requirements:
1. Intensity.
i. Minimum at any point on the parking area surface to be at least 0.6 foot
candles initial, and at least 0.3 foot candles maintained or one-third of the
average, whichever is greater.
ii. Illumination shall not exceed an average of one foot candle at ground level
and shall distribute not more than 0.25 foot candles of light upon any adjacent
residentially zoned area.
2. Height. The maximum height for poles with lights is thirty-five (35) feet.
(2) Residential lighting and glare standards.
Residential lighting for security and night recreation use is permitted in all residential
districts provided the following requirements are met:
a. Direct lighting over ten (10) feet in height is shielded from adjacent property.
b. No light source shall exceed twenty-five (25) feet in height. Street lights and other
traffic safety lighting are exempt from this standard.
c. Lighting shall not directly shine on adjacent dwellings.
(3) Luminaires. Light sources shall be of a down-light type, indirect, diffused, or
shielded type luminaires installed and maintained so as to reduce glare effect and
consequent interference with use of adjacent properties and boundary streets. Bare bulbs
Page 99 of 160
Pg. 156
above seventy-five (75) watts and strings of lamps are prohibited, except for temporary
lighting as provided in 46.5 below.
(4) Special or temporary lighting--low wattage. Bare bulbs or strings of lamps are
prohibited, except during holidays special lighting shall be permitted for a maximum time
period of forty-five (45) days for each holiday used.
Sec. 12-5-7. Sign regulations.
(a) Statement of purpose. The City Council finds that signs provide an important medium
through which persons may convey a variety of messages. Left completely unregulated,
however, signs can become a threat to public safety as a traffic hazard and a detriment to
property values and to the city’s general public welfare, as well as create an aesthetic
nuisance. This Section is intended to provide such regulation as will minimize the harmful
effects of signs upon the health, safety and welfare of the general public and economic values
in the community as well as the attractive appearance and natural beauty of the community.
This Section is intended to constitute a comprehensive system of reasonable, effective,
consistent, content neutral and nondiscriminatory sign standards and requirements. These
regulations are intended to apply to all new signs and to provide for the elimination of all
existing signs made nonconforming by this Ordinance, as soon as it is fair and reasonably
feasible. The purposes of these regulations also include the following:
(1) To promote the safety of persons and property by providing that signs do not create a
hazard due to collapse, fire, collision, decay or abandonment, do not obstruct fire fighting
or police surveillance, and do not create traffic hazards by confusing or distracting
motorists, or by impairing the driver’s ability to see pedestrians, other vehicles, or traffic
signs.
(2) To stabilize and reinforce property values to protect private and public investment.
(3) To promote open space and improve the attractiveness and scenic beauty of the
community which is considered to be important to the tourist industry and provides an
economic base for the City and to encourage a concern for the visual environment which
makes the City a more desirable place to live, work, and visit.
(4) To control the quality of materials, construction, electrification and maintenance of
all signs.
(5) To lessen hazardous situations, confusion and visual clutter caused by proliferation,
improper placement, illumination, animation and excessive height, area and bulk of signs
which compete for the attention of pedestrian and vehicular traffic.
(6) To balance the right to convey messages through signs and to protect the public’s
right against the unrestricted proliferation of signs.
(7) To insure the fair and consistent enforcement of sign regulations.
(8) To promote the stated purposes of the International Building Code, as adopted and
modified by the City, which are expressly incorporated herein.
Page 100 of 160
Pg. 157
(9) Except to the extent permitted by applicable federal and state law, nothing herein is
intended to in any way preempt any federal or state law requirements regarding signs or
to exempt any person or entity from compliance therewith.
(b) Applicability. The standards and procedures of this Section shall apply to all land within
the City and to all land within the extraterritorial jurisdiction of the City. Regulations
applicable to signs in residentially zoned districts shall be applicable to properties of
agricultural and residential use in the extraterritorial jurisdiction. Regulations applicable to
nonresidential zoning districts shall be applicable to properties of nonresidential use located
in the extraterritorial jurisdiction. The provisions of this Section shall apply to permitees,
owners, agents and persons having the beneficial use of a sign and shall also apply to the
owner(s) of the land or structures upon which a sign is located and to the person(s) erecting a
sign.
(c) Administration. The provisions of this Section shall be administered and enforced by the
Director of Planning and Development (or his/her designee).
(d) Definitions. For purposes of this Section of the Zoning Ordinance the following words,
terms and phrases shall have the meanings indicated. Definitions of other terms used within
this Section may be found elsewhere in the Zoning Ordinance. Words, terms and phrases not
defined herein or elsewhere in the Zoning Ordinance shall be construed to have the meaning
given by common and ordinary use, and shall be interpreted within the context of the
sentence or section in which they appear.
Abandoned sign. A sign structure that has ceased to be used, and the owner intends no
longer to have used, for the display of sign copy, or as otherwise defined by state law.
A-frame sign. A portable sign that is typically constructed or shaped in the form of the letter
“A”.
Alter. To change the face, size, dimensions, shape or outline, or type of sign.
Animated sign. A sign employing actual motion, the illusion of motion, or having alternating
electronic data, messages and/or control components. Animated signs, which are
differentiated from changeable signs as defined herein, include the following types:
(1) Electrically activated. Animated signs producing the illusion of movement by means
of electronic, electrical, or electro-mechanical input and/or illumination capable of
simulating movement through employment of the characteristics of one or both of the
classifications noted below:
a. Flashing. Animated signs or animated portions of signs whose illumination is
characterized by a repetitive cycle in which the period of illumination is either the
same as or less than the period of non-illumination. For the purposes of this
ordinance, flashing will not be defined as occurring if the cyclical period between onoff phases of illumination exceeds four (4) seconds.
b. Patterned illusionary movement. Animated signs or animated portions of signs
whose illumination is characterized by simulated movement through alternate or
sequential activation of various illuminated elements for the purpose of producing
repetitive light patterns designed to appear in some form of constant motion.
Page 101 of 160
Pg. 158
(2) Environmentally activated. Animated signs or devices motivated by wind, thermal
changes, or other natural environmental input. This includes, but is not limited to,
spinners, pinwheels, pennant strings, and/or other devices or displays that respond to
naturally occurring external motivation.
(3) Mechanically activated. Animated signs characterized by repetitive motion and/or
rotation activated by a mechanical system powered by electric motors or other
mechanically induced means.
Architectural projection. Any projection that is not intended for occupancy and thaextends
beyond the face of an exterior wall of a building, but that does not include signs as defind
herein. See also “awning”; “backlit awning”; and “canopy, attached and free-standing.”
Awning. An architectural projection or shelter projecting from and supported by the exterior
wall of a building and composed of a covering of rigid or non-rigid materials and/or fabric on
a supporting framework that may be either permanent or retractable, including such
structures which are internally illuminated by fluorescent or other light sources.
Awning sign. A sign displayed on or attached flat against the surface or sufaces of an
awning.
Backlit awning. An awning with a translucent covering material and a source of illumination
contained within its framework.
Banner sign. A sign utilizing a banner as its display surface.
Billboard. See “off-premise sign” and “outdoor advertising sign.”
Building elevation. The entire side of a building, from ground level to the roofline, as
viewed perpendicular to the walls on that side of the building.
Bulletin board. A permanent sign that identifies an institutional use of the premise of which
said sign is located and that contains the name of the institution and general announcements
of events or activities occurring at the institution, or similar messages.
Canopy, attached. A multisided overhead structure or architectural projection supported by
attachments to a building on one or more sides and either cantilevered from such building or
also supported by columns at additional points. The surface(s) and/or soffit of an attached
canopy may be illuminated by means of internal or external sources of light. See also
“marquee.”
Canopy, free-standing. A multisided overhead structure supported by columns, but not
enclosed by walls. The surface(s) and or soffit of a free-standing canopy may be illuminated
by means of internal or external sources of light.
Canopy sign. A sign affixed to the visible surface(s) of an attached or free-standing canopy.
Changeable sign. A sign with the capability of content change by means of manual or
remote input, including signs which are:
(1) Electrically activated. Changeable sign whose message copy or content can be
changed by means of remote electrically energized on-off switching combinations of
alphabetic or pictographic components arranged on a display surface. Illumination
Page 102 of 160
Pg. 159
may be integral to the components, such as characterized by lamps or other lightemitting devices; or it may be from an external light source designed to reflect off the
changeable component display. See also “electronic message sign or center.”
(2) Manually activated. Changeable sign whose message copy or content can be changed
manually.
Clear sight triangle. An area free of all obstructions to the view of drivers approaching an
intersection.
(1) Driveway clear sight triangle shall mean the clear sight area required at the
intersection of a driveway or other entrance with a street or highway. The driveway clear
sight triangle shall measure fifteen (15) feet from and along the point of intersection of
each side of the driveway or other entrance with the street or highway and fifteen (15)
feet from and along the intersected street.
(2) Intersection clear sight triangle shall mean the clear sight area required at the
intersection of one street or highway with another street or highway. The intersection
clear sight triangle shall measure forty (40) feet from and along the point of intersection
of each of the intersecting streets or highways.
Combination sign. A sign that is supported partly by a pole and partly by a building
structure.
Commercial message. The principal message of a commercial sign.
Commercial sign. A sign that has as its principal message the advertisement, promotion,
identification or location of a product, service, business, institution or person, or that relates
to the sale, exchange or availability of merchandise, or other activity for private benefit or
gain.
Construction sign. Signs temporarily erected during construction to inform the public of the
developer, contractors, architects, engineers, the nature of the project or anticipated
completion dates.
Copy. Those letters, numerals, figures, symbols, logos, and graphic elements comprising the
content or message of a sign, excluding numerals identifying a street address only.
Development complex sign. A free-standing sign identifying a multiple-occupancy
development, such as a shopping center or planned industrial park, which is controlled by a
single owner or landlord. No business identification shall be permitted on a development
complex sign.
Dilapidated or deteriorated condition. Dilapidated or deteriorated condition shall include,
but not be limited to, instances where:
(1) Elements of the surface or background can be seen, as viewed from a normal viewing
distance (i.e., the intended viewing distance), to have portions of the finished material or
paint flaked, broken off, missing and/or otherwise not in harmony with the rest of the
surface; or
(2) The structural support or frame members are visibly bent, broken, dented or torn; or
Page 103 of 160
Pg. 160
(3) The sign panel is visibly cracked or, in the case of wood and similar products,
splintered in such a way as to constitute an unsightly or harmful condition; or
(4) The sign and/or its elements are twisted or leaning or at angles other than those at
which it was originally erected (such as may result from being blown by high winds or
from the failure of a structural support); or
(5) The message or wording can no longer be clearly read by a person with normal
eyesight under normal viewing conditions; or
(6) The sign and/or its elements are not in compliance with applicable requirements of
the City’s Building Code, Electrical Code, and/or other applicable adopted City codes.
Directional sign. Any sign that is designed and erected for the purpose of providing on-site
direction and/or orientation for pedestrian or vehicular traffic.
Double-faced sign. A sign with two (2) faces, back to back.
Electric sign. Any sign activated or illuminated by means of electrical energy
Electronic message sign or center. An electrically activated changeable sign whose variable
message capability can be electronically programmed.
Erect. To build, construct, alter, attach, hang, place, suspend, affix, repair, display, relocate,
or maintain any sign, and shall also include the painting of signs on the exterior surface of a
building or structure.
Exterior sign. Any sign placed outside a building.
Face panel or surface. A surface(s) of the sign upon, against or through which the message
is displayed or illustrated on the sign.
Fascia sign. See “wall or fascia sign.”
Flag. A fabric, banner or bunting containing distinctive colors, patterns, words, emblems
and/or insignia which is used as a symbol for a government, political subdivision or some
other professional, religious, educational or nonprofit entity.
Flashing sign. See “animated sign, electrically activated.”
Framework. A support structure that meets all existing wind and load requirements as stated
in applicable City codes and ordinances, and which is designed to secure a banner or an
interchangeable sign on any or all sides.
Free-standing sign. A sign principally supported by a structure affixed to the ground, and
not supported by a building, including signs supported by one or more columns, poles or
braces placed in or upon the ground.
Frontage, building. The length of an exterior building wall or structure of a single premise
oriented to the public way or other properties that it faces.
Frontage, property. The length of the property line(s) of any single premise along either a
public way or other properties on which it borders.
Page 104 of 160
Pg. 161
Garage sale sign. Any temporary, promotional sign for the occasional (i.e., not on-going)
sale of personal household goods, typically displayed in a residential area or on the property
of a non-profit organization.
Gross floor area (GFA). A structure’s total floor area designed for occupancy and use,
including basements, mezzanines and upper floors as measured from the centers of outside
walls, excluding warehouse, storage and utility rooms.
Ground sign. See “free-standing sign.”
Illuminated sign. A sign characterized by the use of artificial light, either projecting through
its surfaces(s) (internally illuminated); or reflecting off its surfaces(s) (externally
illuminated).
Interior sign. Any sign placed within a building, but not including “window signs” as
defined by this Ordinance. Interior signs, with the exception of window signs as defined, are
not regulated by this Section.
Logo. A symbol, graphic, trademark or emblem commonly associated with or representing a
specific entity, product or concept.
Mansard. An inclined decorative roof-like projection that is attached to an exterior building
façade.
Marquee. See “canopy, attached.”
Marquee sign. See “canopy sign.”
Menu board. A free-standing sign that advertises the menu items available, and which has
no more than twenty (20) percent of the total area for such a sign utilized for business
identification.
Mobile sign. See “portable sign.”
Model home sign. A sign that is used to advertise a specific builder’s home as an example of
the type of residential structures that may be found within a residential development.
Multiple-faced sign. A sign containing three (3) or more faces.
Municipally owned sign. A sign owned and/or maintained by the City which identifies an
entrance into the City, a place of interest within the City, a City-sponsored event, or any
municipally owned site or facility. A municipally owned sign does not include traffic or
street identification/name signs.
Non-commercial sign. A sign that does not have as its principal message the advertisement,
promotion, identification or location of a product, service, business, institution or person, or
that relates to the sale, exchange or availability of merchandise, or other activity for private
benefit or gain; and that is not a commercial sign.
Nonconforming sign. A sign that was lawfully installed in compliance with all City codes
and ordinances that were applicable at the time of installation, but that does not currently
comply with the provisions of this Section (and/or other City codes or ordinances and any
amendments thereto).
Page 105 of 160
Pg. 162
Non-structural trim. A retainer, batten, capping, nailing strip, latticing, platform or other
similar trim component that is attached to the sign or its structure.
Off-premise sign. See “outdoor advertising sign.”
On-premise sign. A sign erected, maintained or used in the outdoor environment for the
purpose of the display of messages appurtenant to the use of, products sold on, or the sale or
lease of, the property on which it is displayed.
Outdoor advertising sign. A permanent sign erected, maintained or used in the outdoor
environment for the purpose of the display of commercial or noncommercial messages not
appurtenant to the use of, products sold on, or the sale or lease of, the property on which it is
displayed.
Parapet. The extension of a building façade above the line of the structural roof.
Pole sign. A sign principally supported by one (1) or more columns, poles or braces placed
in or upon the ground. See also “free-standing sign.”
Political sign. A temporary sign intended to advance a political statement, cause or
candidate for office. A legally permitted outdoor advertising sign shall not be considered to
be a political sign.
Portable sign. Any sign not permanently attached to the ground or to a building or building
surface.
Projecting sign. A sign other than a wall sign that is attached to or projects more than
eighteen (18) inches from a building face or wall or from a structure whose primary purpose
is other than the support of a sign.
Projecting structure. A covered structure of a permanent nature that is constructed of
approved building materials and where such structure is an integral part of the main building
or is permanently attached to a main building and does not extend over public property. A
projecting structure is defined to include marquee and fixed canopy types of structures.
Searchlight. A strong beam of light, including but not limited to laser-type devices, that is
typically, but not always, used in advertising a place of business or an event after dark.
Real estate sign. A temporary sign advertising the sale, lease or rental of the property or
premise upon which it is located.
Revolving sign. A sign that revolves three hundred sixty (360) degrees about an axis. See
also “animated sign, mechanically activated.”
Roof line. The top edge of a peaked roof or, in the case of an extended façade or parapet, the
uppermost point of said façade or parapet.
Roof sign. A sign mounted on, and supported by, the main roof portion of a building, or
above the uppermost edge of a parapet wall of a building and which is wholly or partially
supported by such a building. Signs mounted on mansard facades, pent eaves and
architectural projections such as canopies or marquees shall not be considered to be roof
signs.
Page 106 of 160
Pg. 163
Sign. Any device visible from a public place that displays either commercial or
noncommercial messages by means of graphic presentation of alphabetic or pictorial symbols
or representation. Noncommercial flags or any flags displayed from flagpoles or staffs will
not be considered to be signs.
Sign area. The area of the smallest geometric figure, or the sum of the combination of
regular geometric figures, which comprise the sign face. The area of any double-sided or
“V” shaped sign shall be the area of the largest single face only. The area of a sphere shall
be computed as the area of a circle. The area of all other multiple-sided signs shall be
computed as fifty (50) percent of the sum of the area of all faces of the sign.
Sign face. The surface upon, against or through which the sign copy is displayed or
illustrated, not including structural supports, architectural features of a building or sign
structures, nonstructural or decorative trim, or any areas that are separated from the
background surface upon which the sign copy is displayed by a distinct delineation, such as a
border.
Sign frame. The outermost border of a sign.
Sign structure. Any structure supporting a sign.
Stake sign. A sign that is not permanently attached to the ground or designed to be
permanently attached to the ground.
Subdivision entrance sign. A permanent on-site sign identifying a commercial or residential
subdivision, or a multifamily use.
Temporary sign. A sign intended to display either commercial or noncommercial messages
of a transitory or temporary nature. Portable signs or any sign not permanently embedded in
the ground, or not permanently affixed to a building or sign structure that is permanently
embedded in the ground, are considered temporary signs.
Under-awning sign. A sign attached to the underside of an awning.
Under canopy sign or under marquee sign. A sign attached to the underside of a canopy or
marquee.
V sign. Signs containing two (2) faces of approximately equal size, erected upon common or
separate structures, positioned in a “V” shape with an interior angle between faces of not
more than ninety (90) degrees with the distance between the sign faces not exceeding five (5)
feet at their closest point
Wall or fascia sign. A sign that is in any manner affixed to or painted on any exterior wall of
a building or structure and that projects not more than eighteen (18) inches from the building
or structure wall, including signs affixed to or painted on architectural projections from a
building provided the copy area of such signs remains on a parallel place to the face of the
building façade or to the face or faces of the architectural projections to which it is affixed or
painted on. Neon (or other gaseous) tubing attached directly to a wall surface shall be
considered a “wall sign” when forming a border for the subject matter, when directing
attention to the subject matter, or when forming letters, logos, symbols or pictorial designs.
Page 107 of 160
Pg. 164
Window sign. A sign affixed to or painted on the surface of a window with its message
intended to be visible to and readable from the public way or from adjacent property.
(e) Prohibited signs and activities. Unless otherwise approved as part of a special event
permit, pursuant to the City’s Codes and Ordinances, the following devices and locations
shall be specifically prohibited:
(1) Traffic obstructions. Signs located in such a manner as to obstruct or otherwise
interfere with an official traffic sign, signal or device, or obstruct or interfere with a
driver’s view of approaching, merging or intersecting traffic
(2) Right-of-way encroachment. Except as provided for elsewhere in this code, signs
encroaching upon or overhanging public right-of-way. No sign shall be attached to any
utility pole, light standard, street tree, or any other public facility located within the
public right-of-way.
(3) Signs which blink, flash or are animated. Signs which blink, flash or are animated by
lighting in any fashion that would cause such signs to have the appearance of traffic
safety signs and lights, or municipal vehicle warnings from a distance;
(4) Portable signs. Portable signs except as allowed for temporary signs.
(5) Signs attached to mobile structures. Any sign attached to, or placed on, a vehicle or
trailer parked on public or private property, except for signs meeting the following
conditions:
a. The primary purpose of the vehicle or trailer is not the display of the signs;
b. The signs are magnetic, decals, or painted upon an integral part of the vehicle or
equipment as originally designed by the manufacturer, and do not break the silhouette
of the vehicle; and
c. The vehicle or trailer is in operating condition, currently registered and licensed to
operate on public streets where applicable, and actively used in the daily function of
the business to which such signs relate.
(6) Vehicles and trailers. Vehicles and trailers are not to be used primarily as static
displays, advertising a product or service, nor utilized as storage, shelter or distribution
points for commercial products or services for the general public.
(7) Special advertisements. Balloons, streamers, or pinwheels, except those temporarily
displayed and permitted as part of a special sale, promotion or community event.
(8) Signs prohibited by law. Signs which advertise any activity, service, or product
prohibited by the laws or regulations of the United States or the State of Texas or by any
ordinance or resolution of the City. This does not prohibit content promoting the
legalization of any matter presently prohibited by federal, state or local law.
(9) Obscene signs. Signs that contain words, pictures, graphics or statements that are
obscene as defined by §43.21 of the Texas Penal Code.
(10) Signs obstructing doors, windows or fire escapes. Signs that prevent free ingress to
or egress from any door, window or fire escape.
Page 108 of 160
Pg. 165
(11) Outdoor advertising signs. Except where specifically allowed elsewhere in this
Section, outdoor advertising signs, including billboards, are prohibited.
(12) Miscellaneous signs. The following signs are prohibited:
a. Signs on fences, fence posts, railings, gutters, standpipes, fire escapes, courtesy
benches or any other device on which to sit, sidewalks, curbs (except house numbers)
or any other public facility.
b. Signs attached to rocks or any natural growth, such as trees, shrubs or other natural
foliage.
c. Signs constructed of nondurable material including, but not limited to, paper,
cardboard, or flexible plastic;
d. A-frame signs.
e. Garage sale signs on public property;
f. Inflatable signs.
g. Off-premise stake signs having commercial messages.
h. Off-premise real estate signs.
i. Signs situated within the “clear sight triangle” of two (2) intersecting streets or
within the “clear sight triangle” of a driveway or entrance with a public street or
highway.
j. Pole signs, animated signs and neon (or other gaseous) tubing, where located in I
Industrial zoning districts.
k. Signs not specifically included as permissible under this Section.
(f) Permit procedures, fees and inspections.
(1) Permits required. Unless specifically exempted, a permit must be obtained from the
Director of Planning & Development for the erection and maintenance of all signs
erected or maintained within the City and it’s extraterritorial jurisdiction and in
accordance with other ordinances of the City. Exemptions from the necessity of securing
a permit, however, shall not be construed to relieve the owner of the sign from
responsibility for its erection and maintenance in a safe manner and in a manner in
accordance with all the other provisions of this Ordinance. A permit shall not be required
for the ordinary maintenance and repair of a sign or sign structure for which a permit has
previously been issued under this Section. Ordinary maintenance and repair shall not
include additions to, alteration of, replacement of or relocation of any sign or sign
structure.
(2) Sign permit application. Before any permit is granted for the erection of a sign or
sign structure requiring such permit, construction documents shall be filed with the
Director of Planning & Development showing the dimensions, materials and required
details of construction, including loads, stresses, anchorage and any other pertinent data.
The permit application shall be accompanied by a written consent of the owner or lessee
Page 109 of 160
Pg. 166
of the premise upon which the sign is to be erected and by engineering calculations
signed and sealed by a registered design professional where required.
Applications shall provide the following information in order to be considered complete:
a. The type of sign and cost of sign construction.
b. The street address of the property upon which the sign is to be located. In the
absence of a street address, a method of location acceptable to the City shall be used.
c. Sign details, including a scaled elevation of the size and height of the proposed
sign from ground level and adjacent street level.
d. The square foot area per sign and the aggregate square foot area if there is more
than one (1) sign face.
e. The gross floor area of all building(s) on the property.
f. The name(s) and address(es) of the owner(s) of the real property upon which the
sign is to be located.
g. Written consent of the property owner, or his authorized agent, granting
permission for the placement and/or maintenance of the sign on the property.
h. The name, address and phone number of the sign contractor.
i. For free-standing signs, a site plan drawn to scale, showing the proposed location
of all primary and accessory free-standing sign(s) on the property. The site plan shall
include, at a minimum, a closed boundary survey of the property, gross acreage, the
proposed sign location, street right-of-way lines, public and/or private easements,
driveway locations and parking spaces.
j. For wall signs, two (2) sets of building elevations, mounting details and weight of
signs.
k. When required by the Building Official, plans for certain signs shall be prepared
by a registered professional engineer.
(3) Changes to signs. No sign shall be structurally altered, enlarged or relocated except
in conformity to the provisions in this Section, nor until a proper permit, if required, has
been secured. The changing or maintenance of movable parts or components of an
approved sign that is designed for such changes, or the changing of copy, business
names, lettering, sign faces, colors, display and/or graphic matter, or the content of any
sign shall not be deemed a structural alteration.
(4) Permit fees. Permit fees to erect, alter, replace or relocate a sign shall be in
accordance with the fee schedule adopted by the City. Whenever any work for which a
permit is required by this Section has been commenced without first obtaining said
permit, a special investigation shall be made to determine compliance with this Section
before a permit may be issued for such work. An investigation fee, in addition to the
permit fee, shall be collected whether or not a permit is then or subsequently issued. The
investigation fee shall be equal to the amount of the permit fee.
Page 110 of 160
Pg. 167
(5) Expiration of permit. Every permit issued shall become invalid unless the work on
the site authorized by such permit is commenced within one hundred eighty (180) days
after its issuance, or if the work authorized on the site by such permit is suspended or
abandoned for a period of one hundred eighty (180) days after the time the work is
commenced. The Building Official is authorized to grant, in writing one (1) or more
extensions of time, for periods not more than one hundred eighty (180) days each. The
extension shall be requested in writing and justifiable cause demonstrated.
(6) Suspension or revocation. The Director of Planning and Development is authorized
to suspend or revoke a permit issued under the provisions of this Section wherever the
permit is issued in error or on the basis of incorrect, inaccurate or incomplete
information, or in violation of any ordinance or regulation or any of the provisions of this
Section.
a. If the Building Official determines, based on inspection or investigation, that there
are reasonable grounds for revocation of an approved and issued sign permit, the
Director of Planning and Development shall set a hearing and give ten (10) days
written notice to the permit holder, the owner of the sign, or the owner of the property
on which the sign is located advising of the date, time and place of the hearing to
determine whether the sign permit should be revoked. Circumstances that warrant
revocation of an approved and issued sign permit shall include but not be limited to
the following:
1. A material mistake was made in approving and issuing the sign permit;
2. Approval and issuance of the sign permit was procured on the basis of material
misrepresentations or fraud on the part of the applicant, or such permit was issued
in violation of any of the provisions of this Section or any other ordinance of the
City or the laws of the State of Texas or of the federal government.
3. Construction activities being undertaken on the property subject to the sign
permit are not in conformity with the terms of the permit;
4. The sign subject to the permit is in dilapidated or deteriorated condition; or
5. The sign was altered or relocated after the permit was approved in violation of
this Section or the terms of the permit.
b. In rendering a decision whether to revoke the sign permit, the Building Official
shall determine whether the activity authorized under the original approved
application complies with the terms, conditions and requirements of the sign permit
and this Section. The Building Official may revoke the permit and require removal or
reconstruction of the sign; affirm it; or affirm it with attached conditions that assure
that the original terms conditions and requirements of the permit shall be met.
c. A decision to revoke a sign permit shall become final ten (10) days after the date
notice of the decision was given, unless appealed within that time period. After the
effective date, it shall be unlawful to undertake or perform any activity that was
previously authorized by the approved and issued permit without applying for and
Page 111 of 160
Pg. 168
obtaining approval of a new permit for the sign. Appeal from the decision to revoke
the sign permit shall be to the City Council.
d. Upon final determination by the City revoking the sign permit, it shall be unlawful
to undertake or perform any activity that was previously authorized by the approved
permit without applying for and obtaining approval of a new permit for the sign. If
an application for a new sign permit is not submitted within ten (10) days of the date
the decision is final, the sign must be removed at the owner’s sole expense.
(7) Inspections. Construction or work for which a permit is required shall be subject to
inspection by the Director of Planning and Development and such construction or work
shall remain accessible and exposed for inspection purposes until approved. It shall be
the duty of the permit applicant to cause the work to remain accessible and exposed for
inspection purposes. Neither the Director of Planning & Development nor the City shall
be liable for expense entailed in the removal or replacement of any material require to
allow inspection. Approval as a result of an inspection shall not be construed to authorize
a violation of the provisions of this Section or of any other ordinances or regulations of
the City. Inspections presuming to give authority to violate or waive the provisions of
this Section or any other ordinances of the City shall not be valid.
a. Footing and foundation inspection. Footing and foundation inspections shall be
made after excavations for footings are complete and any required reinforcing steel is
in place. For concrete foundations, any required forms shall be in place prior to
inspection.
b. Other inspections. In addition to the inspections specified above, the Building
Official is authorized to make or require other inspections of any construction work to
ascertain compliance with the provisions of this Section, any other ordinances or
regulations of the City and other laws that are enforced by the department of building
safety.
(8) Stop work orders.
a. Authority. Whenever the Director of Planning and Development finds any work
regulated by this Section being performed in a manner either contrary to the
provisions of this Section or is dangerous or unsafe, the Director of Planning and
Development is authorized to issue a stop work order.
b. Issuance. The stop work order shall be in writing and shall be given to the owner
of the property involved, or to the owner’s agent, or to the person doing the work.
Upon issuance of a stop work order, the citied work shall immediately cease. The
stop work order shall state the reason for the order, and the conditions under which
the cited work will be permitted to resume.
c. Unlawful continuance. Any person who shall continue any work after having been
served with a stop work order, except such work as that person is directed to perform
to remove a violation or unsafe condition, shall be subject to penalties as prescribed
by law.
Page 112 of 160
Pg. 169
(g) Signs exempt from permit and fee requirements. The following signs shall be exempt
from the permit and fee requirements of this Section. Nothing herein shall be construed to
exempt signs enumerated in this subsection from compliance with other applicable
requirements of this Section.
(1) Official notices. Official notices authorized by a court, public body or public safety
official.
(2) Directional, warning or information signs. Directional, warning or information sign
authorized by federal, state, or municipal governments.
(3) Memorial plaques, building identification signs and building cornerstones.
Memorial plaques, building identification signs and building cornerstones when cut or
carved into a masonry surface or when made of non-combustible material and made an
integral part of the building structure.
(4) Flags. The flags of a government or noncommercial institution, such as a school, or
flags with corporate symbols, such as business logos, each being less than sixty (60)
square feet. Flags over sixty (60) square feet shall be classified as a general business sign
and shall be subject to all the requirements for such general business sign. Only one (1)
of each type of federal, state or local flag shall be permitted per lot or business.
(5) Religious symbols and seasonal decorations. Religious symbols and seasonal
decorations within the appropriate public holiday season.
(6) Works of art. Works of fine art displayed in conjunction with a commercial
enterprise where the enterprise does not receive direct commercial gain.
(7) Street address signs. Street address signs, and combination nameplate and street
address signs, which contain no advertising copy and which do not exceed six (6) square
feet in area.
(8) Non-commercial signs. A non-commercial sign provided the non-commercial sign
complies with all of the following requirements:
a. The non-commercial sign is not a sign type prohibited by this Section; and
b. The non-commercial sign is displayed on a “sign type” identified in this Section,
and must comply with all identified requirements for that “sign type”; and
c. For non-commercial signs on residential property, the non-commercial sign shall
not exceed thirty-six (36) square feet in area.
(9) Temporary signs. The following types of temporary signs:
a. Real estate signs which meet the following conditions.
1. Real estate signs on residential property may not exceed six (6) square feet in
size and real estate signs on non-residential property may not exceed thirty (30)
square feet in size.
2. All real estate signs must be located on the property for sale, lease or rent.
Page 113 of 160
Pg. 170
3. Real estate signs shall include only content relevant to the property for sale,
lease or rent and shall contain no off-premise advertising matter except for the
name, location and contact information for the broker and/or agent.
4. Real estate signs shall be removed within thirty (30) days of the date of the
sale, lease or rental of the property.
b. Political signs. Political signs in all zoning districts subject to the above
requirements for non-commercial signs and subject to the additional requirement that
a political sign must be removed within thirty (30) days following the date of the
election to which it pertains. Candidates are encouraged not to place political signs
too early, and the City does expect signs to be taken down within a reasonable time
frame so as not to create a nuisance.
c. Garage sale signs on private property. Garage sale signs provided that these are
displayed only upon private property with the consent of the property owner and are
removed from display not more than twenty-four (24) hours after the date of the sale
or event advertised by the sign.
(h) General provisions.
(1) Conformance to codes. Any sign hereafter erected shall conform to the provisions of
this Section and the provisions of all other applicable ordinances of the City, laws of the
State of Texas or of the federal government.
(2) Signs in rights-of-way. No sign other than an official traffic sign or similar sign shall
be erected within any street, or within any public way, unless specifically authorized by
other ordinances or regulations of the City or by specific authorization of the Director of
Planning and Development.
(3) Projections over public ways. Signs projecting over public walkways shall be
permitted only subject to the projection and clearance limits either defined herein or, if
not so defined, at a minimum height of eight (8) feet from grade level to the bottom of the
sign. Signs, architectural projections or sign structures projecting over vehicular access
areas must conform to the minimum height clearance limitations imposed by the City for
such structures.
(4) Traffic visibility. No sign or sign structure shall be erected at the intersection of any
street in such a manner as to obstruct free and clear vision, nor at any location where by
its position, shape or color it may interfere with or obstruct the view of or be confused
with any authorized traffic sign, signal or device.
(5) Measurements.
a. Computation of frontage. If a premise contains walls facing more than one (1)
property line or encompasses property frontage bounded by more than one (1) street
or other property usages, the sign area(s) for each building wall or property frontage
will be computed separately for each building wall or property line facing a different
frontage. The sign area(s) thus calculated may then be applied to permitted signs
placed on each separate wall or property line frontage.
b. The measurement of sign areas shall be as follows.
Page 114 of 160
Pg. 171
1. For square or rectangular signs the area shall be measured by multiplying the
length by the height of the outside edges of the sign frame.
2. For irregular shaped signs the area shall be measured by calculating the area of
rectangles, triangles or a combination thereof measured from the outside edges of
the sign frame necessary to enclose the sign face.
3. For signs composed of only letters, words or symbols the area shall be
measured or determined by the area included within imaginary straight lines
drawn around the entire copy or grouping of such letters, words, or symbols.
4. For signs with two (2) or more faces, the area of a double-faced sign is
calculated using the area of one (1) side only. The area of all other multiple-sided
signs shall be computed as fifty (50) percent of the sum of the area of all faces of
the sign.
c. Distance between signs. A minimum distance of three hundred (300) feet shall be
required between free-standing signs on the same premise.
Exception. When a premise located in a commercial zoning district has frontage on
more than one (1) street or highway and there is no residentially zoned property
within one thousand (1,000) feet of the proposed locations of the signs, the required
distance between signs may be reduced to a distance equal to one-half the combined
street frontage of the two (2) streets where the signs are proposed to be located
provided that all of the following conditions are met:
1. The combined square footage of the two (2) proposed signs shall not exceed
the total square footage permitted by this Section for one (1) such sign;
2. The combined street frontage of the two (2) streets where the signs are
proposed to be located is less than three hundred (300) lineal feet; and
3. Vehicular access, conforming to the technical specifications of the City, is
provided on both of the streets where the signs are proposed to be located.
d. Measurement of distance. Whenever a minimum distance between signs is
required, the distance is measured from the closest points at which the signs touch the
ground and, for signs that do not touch the ground, the horizontal distance shall be
measured from the closest points as if each sign touched the ground.
(6) Maintenance. Every sign permitted by this Ordinance shall be kept in good condition
and repair. When any sign becomes insecure, in danger of falling or is otherwise deemed
unsafe by the Director of Planning and Development, or if any sign shall be unlawfully
installed, erected or maintained in violation of any of the provisions of this Ordinance,
the owner thereof or the person or firm using same shall, upon written notice by the
Director of Planning and Development forthwith in the case of immediate danger, and in
any case within not more than ten (10) days, make such sign conform to the provisions of
this Ordinance, or shall remove it. If within ten (10) days the order is not complied with,
the Director of Planning and Development shall be permitted to remove or cause such
sign to be removed at the expense of the owner and/or the user of the sign.
Page 115 of 160
Pg. 172
(7) Obsolete sign copy. Any sign copy that no longer advertises or identifies a use
conducted on the property on which said sign is erected must have the sign copy covered
or removed within thirty (30) days after written notification from the Director of Planning
and Development; and upon failure to comply with such note, the Director of Planning
and Development is hereby authorized to cause removal of such sign copy, and any
expense incident thereto shall be paid by the owner of the building, structure or ground
on which the sign is located.
(8) Nonconforming signs.
It is the intent of this subsection to recognize that the eventual elimination, as
expeditiously as reasonable, of nonconforming signs, is as much a legitimate concern to
the health, safety and welfare of the public as is the prohibition of new signs which would
violate the provisions of this Section. It is further the intent of this subsection to
acknowledge the interests of the owner and requirements of applicable state law to the
issue of nonconforming signs.
A nonconforming sign, in existence and lawful as of the effective date of this Section,
shall be permitted to remain in its same location subject to the conditions herein. The
standards applicable to the sign shall be those in effect at the time the sign was lawfully
erected, except as provided herein, and each nonconforming sign must be maintained in
accordance with such standards.
a. Enlargement or expansion of nonconforming signs is prohibited. Structural
alterations are permitted only to make the nonconforming sign comply with all
requirements of this Section, or to render the nonconforming sign structurally sound,
in which event the structural alteration shall not increase the outside dimensions or
the degree of nonconformity of the nonconforming sign.
b. Routine maintenance and changing of copy is permitted as long as such
maintenance or changing of copy does not result in or change the shape, size or
design of the sign. A change in the message on the sign shall not constitute an
alteration or modification of the sign.
c. Any nonconforming sign designated by official action of the City as having special
historic or architectural significance shall be exempt from the requirements of this
subsection regarding nonconforming signs.
d. A nonconforming sign, as defined herein, shall be deemed to have lost its
nonconforming status under the following circumstances and shall be subject to
abatement and removal as provided herein upon the occurrence of the following
circumstances:
1. The sign is removed, relocated or replaced;
2. The structure or size of the sign is altered in any way except toward
compliance with this Section. Alteration such as to cause a loss of
nonconforming status shall not include change of copy, change of graphics or
routine maintenance or repair; or
Page 116 of 160
Pg. 173
3. The sign, through natural or other causes or due to deterioration or
dilapidation, is damaged to the extent that the cost of replacement or repair of the
sign exceeds sixty (60) percent of the cost of erecting a new sign of the same type
at the same location.
(9) Design and construction. All signs and structures shall be designed and constructed
to withstand all structural design loads as required by the adopted Building Code of the
City. Designs shall be required to bear the seal of a registered professional engineer.
Transformers, wires and similar items shall be concealed. All wiring to signs shall be
underground.
(10) Sign height, area and setback. Signs shall be a maximum of twenty (20) feet in
height, shall be a maximum of one hundred (100) square feet in area (as calculated
herein), and no sign shall intrude into any public right of way and all structures, supports
and sign faces shall be setback from all property lines a minimum distance of fifteen (15)
feet unless one (1) or more of the following applies:
a. Requirements are otherwise stipulated within this Section for the specific sign type
or in the ordinance establishing a Planned Development (PD) zoning district.
b. Signs are located in one of the sign overlay zones identified in this Ordinance.
(11) Construction signs.
a. Such signs on a single residential lot shall be limited to one (1) sign , not greater
than three (3) feet in height, and six (6) square feet in area.
b. Such signs for a residential subdivision or multiple residential lots shall be limited
to one (1) sign at each entrance to the subdivision or on one (1) of the lots to be built
upon, and shall be no greater than eight (8) feet in height, and twelve (12) square feet
in area.
c. Such signs for nonresidential projects shall be limited to one (1) sign per street
front, not to exceed twelve (12) feet in height and thirty (30) square feet in area.
d. Development and construction signs may not be displayed until after the issuance
of construction permits by the Director of Planning and Development, and must be
removed not later than twenty-four (24) hours following issuance of an occupancy
permit for any of all portions or the project.
(12) Special promotion, event and grand opening signs. Signs temporarily displayed to
advertise special promotions, events and grand openings shall be permitted for
nonresidential uses in a residential district, and for all commercial and industrial districts
subject to the following limitations:
a. Such signs shall be limited to one (1) sign per street front.
b. Such signs may be displayed for not more than thirty (30) consecutive days in any
three (3) month period, and not more than sixty (60) days in any calendar year. The
signs shall be erected no more than five (5) days prior to the event of grand opening,
and shall be removed not more than one (1) day after the event or grand opening.
Page 117 of 160
Pg. 174
c. The total area of all such signs shall not exceed six (6) square feet in any single
family residential district, twelve (12) square feet in any multifamily residential
district and thirty (30) square feet in any nonresidential district.
(13) Special event signs in public ways. Signs advertising a special community event
shall not be prohibited in or over public rights-of-way, subject to approval by the Director
of Planning and Development as to the size, location and method of erection. The
Director of Planning and Development may not approve any special event signage that
would impair the safety and convenience of use of public rights-of-way, or obstruct
traffic visibility. Approval for signs in public ways may only be obtained as part of a
valid special event permit application.
(i) Requirements for signs in specified districts or zones.
(1) Signs in residentially zoned districts.
a. The provisions of this subsection shall control in the following Zoning Districts:
AG – Agricultural, RE – Residential Estate, RL – Residential Lake Lots, R1 – OneFamily Residential, R2 – Two-Family Residential and R3 – Multifamily Residential.
b. All signs authorized in residentially zoned districts shall conform to the applicable
general requirements of this Section.
c. One (1) sign not exceeding two (2) square feet in area shall be permitted per
dwelling unit. Such sign may include the name(s) of the occupant(s), the address and
any religious or ideological message otherwise permitted by this Section.
d. For multifamily dwelling units, a total of two (2) wall signs shall be permitted per
building. Each such sign may total no more than six (6) square feet in area and may
include the name, address or identification of the building.
e. Real estate, political and garage sale signs shall be permitted in residentially zoned
districts provided the real estate, political and garage sale signs are in compliance
with other applicable provisions of this Section.
f. One (1) sign not exceeding four (4) square feet in area shall be permitted to
identify a home occupation, as defined in and meeting the requirements of this
Ordinance, on the premise. The home occupation sign shall be required to be
mounted flat against the building and may include only the name of the occupant, the
name of the home occupation, the address and telephone contact information for the
home occupation, and the website identification for the home occupation. Home
occupation signs must be stationary in all aspects and shall not be illuminated.
g. Two (2) subdivision entrance signs, each not exceeding sixty (60) square feet in
area, shall be permitted for each platted subdivision within the City. No commercial
message may be included on subdivision entrance signs and copy on such signs shall
not exceed fifty (50) percent of the total sign area of each sign.
h. Churches located in residentially zoned districts shall be allowed the following
signage:
Page 118 of 160
Pg. 175
1. Free-standing signs. One (1) free-standing sign, not to exceed sixty (60) total
square feet in area, shall be permitted.
2. Wall signs. The total sign area permitted for all wall signs on a wall fronting a
street or a wall housing the primary entrance to the business, shall not exceed ten
(10) percent of the wall face. Window signs shall be considered as part of the
total wall signage permitted and shall not exceed twenty-five (25) percent of the
window area.
(2) Signs in nonresidential zoning districts.
a. Subject to the applicable provisions for sign overlay zones set forth herein, the
provisions of this subsection shall control in the following zoning districts: CBD –
Central Business District, C1 – Commercial, C2 – Commercial/Interstate and I –
Industrial. Properties located within a sign overlay district must comply with the
regulations in this subsection to the extent not covered by the overlay district
regulations.
b. Within nonresidential zoning districts, total signage allowed shall not exceed ten
(10) square feet per lineal foot of building frontage. Accessory structures not housing
primary business activity shall not be included in the calculation of maximum
allowable signage.
c. Free-standing signs. One (1) free-standing sign, not to exceed one hundred fifty
(150) total square feet in area, shall be permitted. In those circumstances where
another business with gross floor area of two thousand (2,000) square feet or more is
situated on the same premise as the main business, one (1) additional free-standing
sign, not to exceed one hundred fifty (150) total square feet in area, shall be permitted
for each additional business provided that the minimum distance between signs
required by this Section is met. In those circumstances where there exists on the
same premise as the main business, two (2) or more other businesses, each
individually having less than two thousand (2,000) square feet in gross floor area, but
having a combined gross floor area of two thousand (2,000) square feet or more, one
(1) additional free-standing sign, not to exceed one hundred fifty (150) total square
feet in area, shall be permitted. In this circumstance, the “combined businesses” shall
share the additional free-standing sign as determined among the combined businesses.
Where applicable, multiple-occupancy or multi-tenant development signs are
encouraged. For multiple-occupancy or multi-tenant development signs, an increase
of twenty (20) percent in the allowable sign area is permissible.
Free-standing signs shall comply with each of the following requirements:
1. Height. Free-standing signs shall not exceed twenty-five (25) feet in height
above existing finish grade level.
2. Location. No free-standing sign shall intrude into any public right of way and
all structures, supports and sign faces shall be a minimum of five (5) feet from
any property line.
Page 119 of 160
Pg. 176
3. Off-premise messages. A maximum of ten (10) percent of the sign face area,
or ten (10) percent of the usage of an electronic computerized message board, of
any on-premise free-standing sign may contain one (1) advertisement for one (1)
business operation not located on said premise.
d. Projecting signs and awning signs. In addition to other signs allowed under this
subsection, a business situated in a nonresidential zoning district may have either one
(1) projecting sign or one (1) awning sign. Projecting signs and awning signs shall
not exceed twelve (12) square feet in sign area.
e. Canopy and marquee signs. In addition to other signs allowed under this
subsection, a business situated in a nonresidential zoning district may have one (1)
canopy or marquee sign. A canopy or marquee sign shall not exceed twelve (12)
square feet in sign area.
f. Roof signs. A business situated in a nonresidential zoning district may have one
(1) roof sign, not to exceed thirty (30) square feet in sign area, in lieu of an otherwise
permitted free-standing sign.
g. Wall signs. A business situated in a nonresidential zoning district shall be allowed
wall signage for each side of its building. Wall signs shall not project more than
eighteen (18) inches from the building wall. The total sign area permitted for all wall
signs on a wall fronting a street or a wall housing the primary entrance to the
business, shall not exceed twenty (20) percent of the wall face. The total sign area of
all other walls shall not exceed ten (10) percent of the wall face. Window signs shall
be considered as part of the total wall sign area permitted and shall not exceed
twenty-five (25) percent of the window area.
h. Development complex signs. In addition to the free-standing business
identification signs otherwise allowed by this Ordinance, every multiple-occupancy
development complex on parcels exceeding eight (8) acres in size shall be entitled to
one (1) development complex sign, per entrance. Such sign shall not exceed the total
square feet allowed for free-standing signs in the district or overlay zone for which
the parcel is located.
i. Light pole banners. A maximum of two (2) light pole banners, each not to exceed
twelve (12) square feet in size, shall be permitted on each operational light located on
a parking area of a business within a nonresidential zoning district. The banners shall
extend no more than two (2) feet from the light pole, shall contain only the name
and/or logo of the main business located on the property or be decorative in nature.
j. Directional signs. No more than two (2) directional signs shall be permitted per
street entrance to any lot. The maximum area for directional signs shall be six (6)
square feet. Not more than twenty-five (25) percent of the area of any directional
sign shall be permitted to be devoted to business identification or logo, which are
shall not be assessed as identification sign area. Directional signs shall not exceed
three (3) feet in height and shall not exceed three (3) feet in width.
(3) Establishment of sign overlay zones.
Page 120 of 160
Pg. 177
a. The following sign overlay zones are hereby established for the City of
Weatherford:
1. Sign Overlay Zone 1. To encompass and include all commercially zoned
property with frontage directly abutting Farm to Market Road 51 from its
intersection with U.S. Highway 180 and continuing in a northerly direction to the
north city limits of the City, and to encompass and include all commercially
zoned property with frontage directly abutting U.S. Highway 180 (Fort Worth
Highway) from its intersection with State Highway 171/Farm to Market Road 51
and continuing in an easterly direction to the east city limits of the City, and to
encompass and include all commercially zoned property with frontage directly
abutting State Highway 171/Farm to Market Road 51 from its intersection with
U.S. Highway 180 and continuing in a southerly direction to the south city limits
of the City, and to encompass and include all commercially zoned property with
frontage directly abutting U.S. Highway 180 (Palo Pinto Street) from its
intersection with State Highway 171/Farm to Market Road 51 and continuing in a
westerly direction to the west city limits of the City; excluding properties zoned
Central Business District (CBD).
2. Sign Overlay Zone 2. To encompass and include all commercially zoned
property with frontage directly abutting I-20 from the western city limits of the
City, to the eastern city limits of the City.
3. Sign Overlay Zone 3. To encompass and include all property located within
the Central Business District (CBD) of the City.
4. Sign Overlay Zone 4. Reserved.
5. Sign Overlay Zone 5. Reserved.
b. When a commercially zoned lot abuts or touches more than one of the above
designated sign overlay zones, the sign regulations for that lot shall be those for the
sign overlay zone toward which the sign faces.
(4) Specific regulations for sign overlay zones.
a. Sign overlay zone 1.
1. Sign height. Free-standing signs shall not exceed thirty-five (35) feet in height
2. Sign area. Free-standing signs shall be allowed a maximum of two hundred
(200) square feet in sign area. Roof signs shall be allowed a maximum of sixty
(60) square feet in sign area.
3. Total sign area. Any business shall be allowed to calculate the total sign area
allowed per premises at the rate of twelve and one-half (12.5) square feet per
lineal foot of building frontage.
4. Copy extensions. Any business shall be allowed to enhance signs through the
use of copy extensions, cut-outs, or drop-outs. Such enhancements shall be
Page 121 of 160
Pg. 178
limited to a total of twenty (20) percent of the allowed sign area for the sign on
which it is installed, and must be included in engineering calculations.
b. Sign overlay zone 2.
1. Sign height. Free-standing signs shall not exceed sixty (60) feet in height
2. Sign area. Free-standing signs shall be allowed a maximum of four hundred
fifty (450) square feet in sign area. Roof signs shall be allowed a maximum of
ninety (90) square feet in sign area.
allowed per premises at the rate of fifteen (15) square feet per lineal foot of
building frontage.
c. Sign overlay zone 3.
1. Sign height. Free-standing signs shall not exceed twenty (20) feet in height
2. Sign area. Free-standing signs shall be allowed a maximum of one hundred
(100) square feet in sign area. Roof signs shall be allowed a maximum of thirty
(30) square feet in sign area.
allowed per premises at the rate of ten (10) square feet per lineal foot of building
frontage.
5. Other downtown signage regulations. Signs in the CBD shall be subject to the
following regulations:
a. Window signs. Window signs shall be limited to forty (40) percent of the
area of the window and shall be small enough to not interfere with the display
area.
b. Awning signs. Awning signs shall consist of letters of a maximum height
of eight (8) inches and shall be an integral part of the awning pattern and style.
c. Lighting. Lighting, if used, shall be limited to internally lit indirect lighting
or white direct lighting fixed on the advertising matter.
d. Sign overlay zone 4. Reserved.
Page 122 of 160
Pg. 179
e. Sign overlay zone 5. Reserved.
(j) Sign plan for planned development districts.
(1) Planned Development districts may submit a sign plan to the Planning and Zoning
Board for review and recommendation to alter the sign regulations which would
otherwise be applicable to the planned development district. The Planning and Zoning
Board shall review the sign plan and make a recommendation to the City Council for
approval, denial or approval with conditions. The City Council shall review the sign plan
and shall approve, deny or approve with conditions. All sign plans shall be submitted to
the offices of Planning and Development and shall include, at a minimum, the following:
a. A drawing of all proposed signs, drawn to scale, with dimensions and sizes of
structural supports, and engineering specifications as required.
b. A site plan of the planned development district, drawn to scale, including locations
of all signs already present in the planned development district, and properties
immediately adjacent. This shall include correct measurements to property lines, and
to adjacent signs.
c. A written explanation of the reasons for the request.
d. Detailed information on each sign proposed, including dimensions, height, type,
and other necessary information related to conformance to existing sign regulations.
e. An analysis showing evidence of no net increase in total signage area.
f. Other information, as requested, necessary to provide a complete and thorough
report.
(2) The Director of Planning and Development (or his/her designee) shall then present
the request to the Planning and Zoning Board at its next regular meeting, and shall notify
the public and adjacent neighbors of the request in accordance with the provisions of this
Ordinance.
(k) Summary; enforcement proceedings.
(1) Removal or securing of sign. The Director of Planning and Development or other
authorized representative of the City may immediately remove or secure a sign without
notice in the following circumstances constituting a violation of this Section:
a. The sign is prohibited under this Section and constitutes an immediate threat to
persons or property.
b. The sign is prohibited under this Section and is a classified as a temporary sign.
c. The sign is nonconforming or otherwise authorized under this Section, but in its
present condition constitutes an immediate threat to persons or property.
d. The sign is a political sign and is not removed within fifteen (15) days following
the election to which it pertains.
e. The sign is a garage sale sign and is not removed within twenty-four (24) hours
after the date of the sale.
Page 123 of 160
Pg. 180
The City is not required to store these signs which may be immediately destroyed.
(2) Notice and hearing following removal or securing of sign. With the exception of the
summary removal of political signs and garage sale signs as provided herein, following
summary removal of a sign pursuant to this subsection, the Director of Planning and
Development shall give written notice to the owner of the sign or the owner of the
property on which the sign was placed of such person’s right to appeal the decision of the
City regarding removal or securing of the sign. The person(s) so notified shall provide
the City written notice of appeal of the Director of Planning and Development’s
determination within ten (10) days of receipt of notice, setting forth the reasons in detail
why the Director of Planning and Development’s determination was in error. Failure to
provide written notice of appeal within the ten (10) day period provided herein shall
constitute a waiver of the right to appeal the removal or other action.
For purposes of this subsection, the Director of Planning and Development shall be
deemed to have given written notice by either personal delivery of or the mailing of said
notice, by United States Postal Service certified mail, to the entity or person identified on
the sign made the subject of the notice; or to the person or entity identified on the sign for
purposes of notice; or to the owner of the property on which the sign was placed or
displayed.
(3) Removal of sign following notice.
a. A sign may be removed by the City following fifteen (15) days written notice from
the Director of Planning and Development, or other official authorized herein, to the
owner of the sign or the owner of the property on which the sign is located, upon
determination of one of the following:
1. The sign is prohibited under this Section, but is not subject to summary
removal under this Section, and the sign is not a nonconforming sign;
2. There is no sign permit as required under this Section authorizing the sign;
3. The sign did not comply with the sign regulations in effect on the date it was
erected, or was otherwise unlawful on such date;
4. The sign has been destroyed; for purposes of this provision, a sign is
considered destroyed whenever the cost to repair it exceeds sixty (60) percent of
the cost of erecting a new sign of the same type at the same location on the date of
the damage.
5. Any condition occurs which would have been cause for removal of the sign
under the sign regulations in effect when the sign was erected.
b. If the sign owner does not remove the sign or give written notice of his/her intent
to obtain a permit authorizing the sign, or repair or reconstruct the sign in accordance
with the terms in the notice within such fifteen (15) day period, the Director of
Planning and Development may enter the property upon which such sign is located,
and cause the removal of the sign. The Director of Planning and Development may
specify a reasonable amount of time for the sign owner to obtain a sign permit, or
repair or reconstruct the sign to meet the requirements of this Section.
Page 124 of 160
Pg. 181
c. The sign owner or the owner of the property on which the sign is erected may
appeal the determination of the Director of Planning and Development or other
authorized person under this subsection to the City Council within ten (10) days
following receipt of the notice of the violation.
(10) Responsibility for costs of removal. Whenever the City lawfully removes or causes
a sign to be removed under this Section, the sign permit holder, if any, the owner of the
sign and the owner of the property on which the sign is erected shall be jointly and
severally liable to the City for any expenses incurred in removal of the sign.
(11) Appeals. The sign permit holder, if any, the owner of the sign and the owner of the
property on which the sign is erected, who is adversely affected by a decision of the
Director of Planning and Development, or other person authorized herein to enforce the
provisions of this Section, may appeal such decision in writing to the City Council within
ten (10) days of the date the decision is rendered. The appeal shall set forth the grounds
for the appeal with particularity. The City Council shall decide the appeal applying the
standards in this Section.
Sec. 12-5-8. Supplemental regulations.
(a) Communication antennas, support structures and towers.
(1) Applicability.
a. These regulations apply to all commercial and amateur communication antennae,
support structures and towers unless exempted below.
b. Direct broadcast satellite (DBS) reception devices, broadband radio service
provider (formerly multi-channel multi-point distribution service (MMDS)) reception
devices and television broadcast station (TVBS) reception devices as defined by the
Federal Communications Commission (FCC) meeting the following requirements do
not require a conditional use approval unless mounted on a pole or mast higher than
12 feet above the roofline:
1. A “dish” antenna that is one (1) meter (i.e., 39.37 inches) or less in diameter
and is designed to receive direct broadcast satellite service, including direct-tohome satellite service, or to receive or transmit fixed wireless signals via satellite;
2. An antenna that is one (1) meter or less in diameter or diagonal measurement
and is designed to receive video programming services via broadband radio
service (wireless cable) or to receive or transmit fixed wireless signals other than
via satellite;
3. In a non-residential zoning district, an antenna that is two (2) meters or less in
diameter;
4. An antenna that is designed to receive local television broadcast signals.
5. Antennas used for AM/FM radio, amateur (“ham”) radio, Citizen's Band
("CB") radio or Digital Audio Radio Services ("DARS") concealed behind or
located within attics, eaves, gutters or roofing components of the building, and do
not exceed a height twelve (12) feet above the roofline.
Page 125 of 160
Pg. 182
c. Communication antennas, support structures and towers legally installed before
adoption of these regulations which could not be built under the terms of this Section
by reason of restrictions on area, lot coverage, height, yard, site location on the lot, or
other requirements concerning the structure, may be continued so long as they remain
otherwise lawful, subject to the provisions of this Ordinance regarding
nonconforming structures.
d. Antennae and support structures may be considered either principal or accessory
uses.
e. Antenna installations shall comply with all other requirements of this Ordinance
and the Code of Ordinances of the City with the exception of those specifically cited
within this subsection.
(2) Definitions. For the purposes of this subsection, the following special definitions
shall apply:
Antenna, microwave reflector and antenna support structure. An antenna is the
arrangement of wires or metal rods used in transmission, retransmission and/or reception
of radio, television, electromagnetic or microwave signals (includes microwave
reflectors/antennae). A microwave reflector is an apparatus constructed of solid, open
mesh, bar-configured, or perforated materials of any shape/configuration that is used to
receive and/or transmit microwave signals from a terrestrial or orbitally located
transmitter or transmitter relay. Microwave reflectors are also commonly referred to as
satellite receive only earth stations (T.V.R.O.S.), or satellite dishes. An antenna support
structure is any tower, mast, pole, tripod, box frame, or other structure utilized for the
purpose of supporting one or more antennae or microwave reflectors.
Antenna (non-commercial/amateur). An antenna or antenna support structure used for
the purpose of transmission, retransmission, and/or reception of radio, television,
electromagnetic, or microwave signals for private or personal use and not for the purpose
of operating a business and/or for financial gain. A satellite dish antenna not exceeding
six (6) feet in diameter shall also be considered as a non-commercial antenna.
Antenna (commercial). An antenna or antenna support structure used for the purpose of
transmission, retransmission, and/or reception of radio, television, electromagnetic, or
microwave signals primarily for the purpose of operating a business and/or for financial
gain (e.g., commercial broadcasting, cellular/wireless telecommunications, etc.). A
satellite dish antenna that exceeds six (6) feet in diameter shall also be considered as a
commercial antenna.
Colocation. The use of a single support structure and/or site by more than one (1)
communications provider.
Communications operations (non-commercial/amateur). The transmission,
retransmission and/or reception of radio, television, electromagnetic, or microwave
signals for private or personal use, and not for the purpose of operating a business and/or
for financial gain.
Page 126 of 160
Pg. 183
Communications operations (commercial). The transmission, retransmission, and/or
reception of radio, television, electromagnetic, or microwave signals primarily for the
purpose of operating a business and/or for financial gain.
Height. The distance measured from the finished grade of the lot/parcel to the highest
point on the support structure or other structure, including the base pad and any
antennae.
Radio, television or microwave tower. See “antenna, microwave reflector and antenna
support structure”.
Telecommunications tower or structure. See “antenna, microwave reflector and antenna
support structure”.
Temporary/mobile antenna. An antenna and any associated support structure/equipment
(including, but not limited to, a support pole, a vehicle, etc.) that is placed and/or used on
a temporary basis only (i.e., not intended to be permanent), usually in conjunction with a
special event, news coverage or emergency situation, or in case of equipment failure or
temporary augmentation of permanent communications equipment.
Wireless communication tower or structure. See “antenna, microwave reflector and
antenna support structure”.
(3) Permit Requirements.
a. A building permit is required to erect or install an antenna, antenna support
structure and related structures/equipment. All installations shall comply with
applicable federal, state and local building codes and the standards published by the
Electronic Industries Association (EIA).
b. A site plan, shown at a scale of one (1) inch equals forty (40) feet, shall be
submitted along with the building permit application. The site plan shall illustrate:
1. Property lines and physical dimensions of the property.
2. Location, heights, dimensions, setbacks, trees (exceeding six (6) inches in
diameter, at a point four and one half (4 ½) feet above the ground) on the lot, and
types of existing structures on the property.
3. Location and size of adjacent buildings and easements, within the required fall
zone.
4. Location of the proposed wind system and any accessories.
c. Rights of way of any adjacent public road.
d. Foundation drawings and details with a registered Texas Engineer stamp.
e. Tower drawings and details with a registered Texas Engineer stamp.
f. Decommission Plan.
(4) Height Requirements. Nothing in this Section shall be construed to limit the height
of communication antennas, support structures or towers beyond what is sufficient to
accommodate amateur service communications. Owners of certain antenna structures
Page 127 of 160
Pg. 184
more than sixty and ninety-six one-hundredths (60.96) meters (two hundred (200) feet)
above ground level at the site or located near or at a public use airport must notify the
Federal Aviation Administration and register with the FCC as required by federal law.
(5) Area, Yard, and Lot Requirements.
a. No commercial antenna support structure shall be closer to any residential district
boundary line or residential dwelling than a distance equal to the height of the support
structure. Such setback/distance shall be measured as the shortest possible distance in
a straight line from the structure to the closest point of a residential district boundary
line or residential dwelling. Setbacks from residentially zoned property do not apply
to antennae attached to public utility structures that exceed fifty (50) feet in height, or
to antennae placed wholly within or mounted upon a building.
b. No amateur or commercial antenna, antenna support structure, microwave
reflector/antenna, or associated foundations or support wires or appurtenances shall
be located within any required setback area for the front, side or rear yards.
c. Only one (1) amateur antenna/support structure shall be permitted per residential
lot, except that a maximum of two (2) satellite dishes may be allowed if both units are
no larger than one (1) meter (39 inches) in diameter (only one (1) allowed if over one
(1) meter in diameter). Satellite dishes in any residential district shall not exceed
twelve (12) feet in diameter, and must be permitted by the City Manager (or his/her
designee).
(6) Additional regulations.
a. All antennae and support structures must meet or exceed the current standards and
regulations of the Federal Communications Commission (FCC), the Federal Aviation
Administration (FAA), and/or all other applicable federal, state and local authorities.
If those standards change, then the owner/user of an antenna or support structure must
bring the antenna/structure into compliance within six (6) months or as may otherwise
be required by the applicable regulating authority.
b. Antennae (amateur or commercial) shall not create electromagnetic or other
interference with the City's and the County's radio frequencies and public safety
operations, as required by the FCC. Antennae also shall not interfere with radio or
television reception of nearby property owners. In no manner shall the use of such
equipment infringe upon adjoining property owners.
c. No antenna or support structure shall be located so as to create a visual
obstruction within critical visibility areas (such as at street intersections or where a
private driveway enters a roadway) or a traffic safety problem.
d. Safeguards shall be utilized to prevent unauthorized access to an antenna
installation. Safeguards include certain devices identified/recommended by the
manufacturer of the antenna or support structure, a fence, a climbing guard, or other
commercially available safety devices. Climbing spikes or other similar climbing
device, if utilized, shall be removed immediately following use.
e. Temporary antennae shall only be allowed in the following instances:
Page 128 of 160
Pg. 185
1. In conjunction with a festival, carnival, rodeo or other special event/activity;
2. In case of an emergency (e.g., severe weather, etc.) or a news coverage event;
3. When needed to restore service on a temporary basis after failure of an
antenna installation. The City must be notified within seventy-two (72) hours of
the placement of a temporary antenna. If the temporary antenna is to be needed
for more than seven (7) days, then the owner/user must apply for and acquire a
permit for the temporary installation on or before the eighth day following initial
placement of the antenna.
f. Colocation is greatly encouraged by the City.
1. All new support structures over fifty (50) feet in height shall be constructed to
support antennae for at least two (2) carriers, unless the structure is an alternative
or stealth design, or the support structure is replacing an existing utility structure
or light standard. Sufficient area for associated structures and equipment shall also
be provided.
2. A support structure which is modified or reconstructed in order to
accommodate colocation shall be of the same type, design and height as the
existing structure, and it may be moved on the same property within fifty (50) feet
of its original location provided that it is not moved any closer to residentially
zoned property (if the structure was allowed by CUP, then its new location shall
be within the physical/land boundaries of the CUP). The original (i.e., former)
support structure shall be removed from the property within ninety (90) days
following completion of the new structure.
3. Where an additional antenna is to be attached to an existing support structure
that already has an antenna mounted upon it, the new antenna shall comply with
and be compatible with the design of the existing antenna on the colocated
structure.
g. Support buildings and equipment storage areas/buildings shall be screened from
public view if mounted on a rooftop. When ground mounted, they shall meet all
applicable front, side and rear yard setback requirements, and shall be screened from
public view by a dense, opaque evergreen landscaped screen with an initial planting
height of three (3) feet, and which will attain an ultimate height of six (6) feet at
maturity. A six (6) foot solid masonry wall may be used in lieu of the landscaped
screen provided exterior finish materials are compatible with nearby structures. The
use of a wood fence for screening is prohibited, and wrought iron or chain link may
only be used in conjunction with a landscaped screen as specified above.
h. Satellite dishes and other similar antennae shall be permitted on the roof of a
building, as long as a letter certifying the roof's/building's structural stability, written
and sealed by a registered architect or engineer, is submitted to the City Manager
prior to any approval of a roof-mounted antenna.
i. All commercial signs, flags, lights and attachments other than those required for
emergency identification, communications operations, structural stability, or as
Page 129 of 160
Pg. 186
required for flight visibility by the FAA and/or FCC shall be prohibited on any
antenna or antenna support structure. However, lights may remain or be placed upon
light standards that are altered or replaced in order for them to serve as antenna
support structures provided that said lights are not commercial (i.e., for-profit) in
nature, and provided that said lights are placed/replaced as the same size,
configuration, number of bulbs, degree of luminance, etc. as they previously existed
prior to support structure modification/replacement.
j. Any publicly owned antennae or antenna support structures (e.g., public safety
communications, etc.) shall be permitted in any zoning district.
(7) Abandonment.
a. A communication antenna, support structure or tower that is out of service for a
continuous twelve (12) month period will be deemed to have been abandoned. The
City may issue a Notice of Abandonment to the owner of a communication antenna,
support structure or tower that is deemed to have been abandoned. The owner shall
have the right to respond to the Notice of Abandonment within thirty (30) days from
postmark date. The City shall withdraw the Notice of Abandonment, and shall notify
the owner that the Notice has been withdrawn, if the owner provides information that
demonstrates the communication antenna, support structure or tower has not been
abandoned.
b. If a communication antenna, support structure or tower is determined to be
abandoned, the owner shall remove the communication antenna, support structure or
tower, at the owner’s sole expense, within sixty (60) days of postmark date of the
Notice of Abandonment. If the owner fails to remove the communication antenna,
support structure or tower, the City may pursue a legal action to have the
communication antenna, support structure or tower removed at the owner’s expense.
(8) Decommissioning Plan.
The permit application must contain a decommissioning plan to ensure the project is
properly decommissioned upon abandonment. At a minimum, the decommissioning plan
shall include:
a. Provisions for the removal of all structures, and accessories, within one hundred
eighty (180) days after facility abandonment.
b. Provisions for the restoration of the soil and vegetation within two hundred
seventy (270) days after abandonment.
(9) Enforcement.
a. The ordinance shall be administered by the Director of Planning and Development
(or his/her designee).
b. The Director of Planning and Development (or his/her designee) may enter any
property, for which a building permit has been issued under this Ordinance, to
conduct an inspection to determine whether the conditions stated in the permit have
been met.
Page 130 of 160
Pg. 187
c. The Director of Planning and Development (or his/her designee) may issue orders
to abate any violation of this Ordinance.
(10) Penalties.
a. Any person who fails to comply with any provision of this Ordinance, or any
building permit issued pursuant to this Ordinance, shall be subject to enforcement and
penalties as stipulated in the Weatherford City Code.
b. Nothing in this Section shall be construed to prevent the City of Weatherford from
using any other lawful means to enforce this Ordinance.
(b) Wind energy systems.
(1) Description.
This subsection is to promote the safe, effective and efficient use of Wind Energy
Systems (WES) and to promote the supply of wind energy sources, by establishing
standards and procedures, by which the installation and operation of Wind Energy
Systems shall be governed within the City of Weatherford.
(2) Definitions. For the purposes of this subsection, the following special definitions
shall apply:
Fall zone. An area surrounding the proposed WES tower, circular in shape, with a radius
equal to the height of the tower. The entire fall zone must be located on the same lot as
the tower, and shall be clear of any habitable residential structures and/or occupiable
commercial structures.
Grid-interconnected system. A WES system producing power for use on a utility
company grid system. Such system may or may not be capable of sending power back
into the utility grid.
Off-grid system. A stand-alone generating system not connected to or in any way
dependent on the utility grid.
Over speed controls. Mechanisms to limit the speed of the blade rotation.
Small wind energy system. A wind turbine, a tower, and associated control or conversion
electronics, which has a rated capacity of not more than one hundred (100) kilowatts
(kW) and which is intended to primarily reduce the on-site consumption of utility power.
Total height. The vertical distance from ground level to the tip of a wind generator blade,
when the blade is at its highest point.
Tower, guyed. Structure of tubular or open steel lattice construction anchored by steel
ropes (guys), with suitable foundation, with an anchor radius of approximately two-thirds
(2/3) the tower height.
Tower, monopole. Self-supporting structure of tubular or open steel lattice construction
which is anchored in the ground with suitable foundation.
Wind energy system. Equipment that converts and then stores or transfers energy from
the wind into useable forms of energy. This equipment includes any base, blade,
Page 131 of 160
Pg. 188
foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, or
other component used in the system.
Wind generator. Blades and associated mechanical and electrical conversion components
mounted on top of the tower.
(3) Permit Requirements.
a. A building permit shall be required for the installation of any small wind energy
system. For wind energy systems which have a rated capacity greater than one
hundred (100) kilowatts (kW), conditional use approval in accordance with this
Ordinance shall be required.
b. A site plan, showing a scale of one (1) inch equals forty (40) feet, shall be
submitted with the building permit application. The site plan shall include:
1. Property lines and physical dimensions of the property.
2. Location, heights, dimensions, setbacks, trees (exceeding six (6) inches in
diameter, at a point four and one half (4.5) feet above the ground) on the lot, and
types of existing structures on the property.
3. Location and size of adjacent buildings and easements, within the required fall
zone.
4. Location of the proposed wind system and any accessories.
c. Rights of way of any adjacent public street.
d. Notice to utility company on grid interconnected system.
1. No grid interconnected wind energy conversion system shall be installed until
evidence has been provided to the City Utilities Director that the appropriate
electric power provider has been informed of the customer’s intent to install a grid
connected customer owned Wind Energy System and that the customer’s system
meets the utility’s approved specifications for interconnection.
2. Off-grid systems are exempt from this requirement.
e. Applicant shall provide documentation, from the dealer or manufacturer, that the
Wind Energy Conversion has been successfully operated in atmospheric conditions
similar to the conditions within the City of Weatherford. The Wind Energy System
shall be warranted against any system failures, reasonably expected in severe weather
operation conditions.
f. Foundation drawings and details with a registered Texas Engineer stamp.
g. Tower drawings and details with a registered Texas Engineer stamp.
h. A decommissioning plan meeting the requirements of the subsection shall be
submitted with the application.
(4) Height Requirements.
Page 132 of 160
Pg. 189
a. The maximum height for a Wind Energy System, measuring from ground level to
the tip of a wind generator blade when the blade is at its highest point shall be limited
to a maximum of sixty-six (66) feet.
b. Regardless of the height of the pole, the tip of the blade shall not be located closer
to the ground than twelve (12) feet.
(5) Area, Yard, and Lot Requirements. Location and Setbacks.
a. A Wind Energy System may only exist as an accessory structure. A WES shall
not be erected on a lot until a primary structure has been constructed or is under
construction as part of a current building permit.
b. A WES shall be located in the rear yard and shall be located in the center of the
fall zone.
c. All WES towers shall be monopole.
d. Guyed towers are prohibited.
e. No part of the WES may extend into, or across any recorded public easement,
unless authorized by the easement holder.
(6) Additional Regulations for Wind Energy Systems.
a. A WES, including tower, shall comply with all City adopted codes and ordinances.
b. Each WES, that connects to the electric utility, shall comply with all regulations of
the Public Utility Commission of Texas and any additional requirements of the utility
company having jurisdiction.
c. Each WES, shall be installed in conformance with the current version of the
National Electrical Code, as adopted by the City. All equipment shall be approved,
listed and labeled by a nationally recognized electrical listing agency. Where a
conflict exists between the installation guidelines of the manufacturer and the current
version of the National Electrical Code, the installation guidelines of the
manufacturer shall apply.
d. Each WES shall be grounded, to protect against natural lightning strikes, in
conformance with the current version of the National Electrical Code, as adopted by
the City.
e. Each WES shall be equipped with manual and automatic over speed controls.
f. Each WES shall be designed and constructed to prevent any type of
electromagnetic interference.
g. WES rotors shall have rotor diameters not greater than eighteen (18) feet.
h. The minimum distance between towers shall be one hundred (100) feet.
i. A wind tower and generator shall not be artificially lighted, unless such lighting is
required by the Federal Aviation Administration.
Page 133 of 160
Pg. 190
j. A minimum of one informational/warning sign, with one (1) such sign located at
the base of the tower, shall be installed. Each sign shall be a minimum of two (2)
square feet and a maximum of four (4) square feet in area. Each sign shall contain, at
a minimum, the manufacturer’s or installer’s identification, appropriate warnings,
emergency phone numbers or owner identification, and emergency shutdown
procedures.
k. Promotional, personal, or advertisement signs are prohibited on the WES.
(7) Noise. With the exception of short term intervals, during utility outages and/or
severe wind storms, noise levels from a WES shall not exceed sixty (60) dBA, measured
at the nearest property line.
(8) Abandonment.
a. A WES that is out of service for a continuous twelve (12) month period will be
deemed to have been abandoned. The City may issue a Notice of Abandonment to
the owner of a WES that is deemed to have been abandoned. The owner shall have
the right to respond to the Notice of Abandonment within thirty (30) days from
postmark date. The City shall withdraw the Notice of Abandonment, and shall notify
the owner that the Notice has been withdrawn, if the owner provides information that
demonstrates the WES has not been abandoned.
b. If a WES is determined to be abandoned, the owner of the WES shall remove the
wind generator from the tower, at the owner’s sole expense, within sixty (60) days of
postmark date of the Notice of Abandonment. If the owner fails to remove the wind
generator from the tower, the City may pursue a legal action to have the wind
generator removed at the owner’s expense.
(9) Decommissioning Plan.
The permit application must contain a decommissioning plan to ensure the project is
properly decommissioned upon facility abandonment. At a minimum, the
decommissioning plan shall include:
a. Provisions for the removal of all structures, and underground and above ground
cabling, within one hundred eighty (180) days after facility abandonment.
b. Provisions for the restoration of the soil and vegetation within two hundred
seventy (270) days after facility abandonment.
Sec. 12-5-9. Sexually oriented businesses.
(a) Purpose and intent. It is the purpose of this Section to regulate sexually oriented
businesses to promote the health, safety, morals, and general welfare of the citizens of the
City, and to establish reasonable and uniform regulations to prevent the concentration of
sexually oriented businesses within the City. The provisions of this Section have neither the
purpose nor effect of imposing a limitation or restriction on the content of any
communicative materials, including sexually oriented materials. Similarly, it is neither the
intent nor effect of this Section to restrict or deny access by adults to sexually oriented
materials protected by the First Amendment or to deny access by the distributors and
exhibitors of sexually oriented entertainment to their intended market.
Page 134 of 160
Pg. 191
(b) Findings.
(1) In adopting these regulations the City Council has relied on numerous studies,
reports, and findings regarding the harmful effects of sexually oriented businesses on
surrounding land uses, and on reported court cases and the factual findings reviewed by
those courts.
(2) In considering these regulations evidence concerning the adverse secondary effects of
sexually oriented businesses on the community where they are located has been presented
in hearings and in the studies, reports and findings referred to below that were made
available to the City Council, including findings incorporated into the cases of City of
Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres,
427 U.S. 50 (1976); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); City of Erie v.
Pap's A.M., 529 U.S. 277, 120 S. Ct. 1382 (2002); City of Los Angeles v. Alameda Books,
Inc., 535 U.S. 425 (2002); Woodall v. City of El Paso (Woodall I), 959 F.2d 1305 (5th
Cir. 1992); Woodall v. City of El Paso (Woodall II), 49 F.3d 1120 (5th Cir. 1995);
Lakeland Lounge of Jackson, Inc. v. City of Jackson, 973 F.2d 1255 (5th Cir. 1992);
Topanga Press, Inc. v. City of Los Angeles, 989 F.2d 1524 (9th Cir. 1993); Baby Dolls
Topless Saloons, Inc. v. City of Dallas, 295 F.3d 471 (5th Cir. 2002); LLEH, Inc. v.
Wichita County, Texas, 289 F.3d 358 (5th Cir. 2002); Mitchell v. Commission on Adult
Entertainment, 10 F.3d 123 (3d Cir. 1993); Encore Videos, Inc. v. City of San Antonio,
330 F.3d 288 (5th Cir. 2003); Lady J. Lingerie, Inc. v. City of Jacksonville, 176 F.3d
1358 (11th Cir. 1999); N.W. Enters. Inc. v. City of Houston, 352 F.3d 162, on rehearing
372 F.3d 333 (5th Cir. 2004); Fantasy Ranch, Inc. v. Tazz Man, Inc., No. 3:03 CV 0089
R, 2004 WL 1779014 (N.D. Tex. Aug. 9, 2004); Hang On, Inc. v. City of Arlington, 65
F.3d 1248 (5th Cir. 1995); Robinson v. City of Longview, 936 S.W.2d 413 (Tex.
App.BTyler 1996, no writ); People of the State of Illinois v. The Lion’s Den, Inc., Circuit
Court of the Fourth Judicial Circuit, Effingham County, Illinois, filed June 10, 2005;
Illinois One News, Inc. V. City of Marshall, 2006 WL 449018 (S.D. Ill. 2006); Fantasy
Ranch, Inc. v. City of Arlington, ---F.3d---, 2006 WL 2147559 (5th Cir. Aug. 2, 2006).
(3) Studies, reports and findings conducted by the City of Amarillo, Texas, the City of
Austin, Texas, the City of Beaumont, Texas, the City of Dallas, Texas, the City of El
Paso, Texas, the City of Fort Worth, Texas, the City of Houston, Texas, the City of
Indianapolis, Indiana, the City of Kennedale, Texas, the Attorney General of the State of
Minnesota, the City of Garden Grove, California, the City of Los Angeles, California, the
Attorney General’s Commission on Pornography, the City of Sioux City, Iowa, the City
of Las Vegas, Nevada, and the City of Oklahoma City, Oklahoma; and publications
written by recognized experts regarding the harmful secondary effects of sexually
oriented businesses on surrounding land uses have been presented to and reviewed by the
City Council and made part of the public record.
(4) The City Council finds that the cities represented in the relevant studies, reports and
findings reviewed by the City have similar community characteristics to those of the City
in relevant respects.
(5) The City Council finds, based on the above studies, reports and findings, as well as
the Attorney General’s Commission on Pornography, that sexually oriented businesses
Page 135 of 160
Pg. 192
have a deleterious effect on both the existing businesses around them and the surrounding
residential areas adjacent to them, causing increased crime and the downgrading of
property values, and municipal regulation aimed at reducing adverse secondary effects is
the most effective and appropriate mechanism to make the owners of these
establishments responsible for the activities that occur on their premises.
(6) The City Council finds, based in part upon the results of the Survey of Fort Worth
and Dallas Appraisers, September 2004, that sexually oriented businesses that engage in
only retail sales or rental of sexually oriented adult merchandise for off premise use have
adverse effects on surrounding property values and the ability of surrounding properties
to sell or develop, similar to the adverse effects generated by sexually oriented businesses
which offer on-site adult entertainment.
(7) The City Council finds, based in part upon the reports/affidavit of Dr. Richard
McCleary to the City of Kennedale and the City of Sioux City, that sexually oriented
businesses that engage in only retail sales or rental of sexually oriented adult merchandise
for off premise use cause public safety or crime-related adverse effects on the
surrounding community, similar to the adverse effects generated by sexually oriented
businesses which offer on-site adult entertainment.
(8) The City Council finds, based on the above studies, reports and findings presented to
the City Council that it is reasonably likely that these adverse secondary effects will
occur in the City.
(9) The City Council desires to minimize and control the adverse secondary effects of
sexually oriented businesses and thereby protect the health, safety and welfare of the
citizenry; protect the citizens from increased crime; preserve the quality of life; preserve
and protect property values and the character of surrounding neighborhoods; and deter
the spread of urban blight.
(10) The City has a legitimate and substantial governmental interest in limiting the
detrimental secondary effects associated with sexually oriented businesses as a means of
promoting the public health, safety and welfare.
(11) The City Council finds that a reasonable number of locations are available within
the city limits of the City and within surrounding areas for the operation of sexually
oriented businesses including sexually oriented businesses that engage in only retail sales
or rental of sexually oriented adult merchandise for off premise use.
(12) The City Council finds that these amendments have neither the purpose nor effect of
imposing a limitation or restriction on the content of any communicative materials,
including sexually oriented materials, nor do these amendments have the effect of
restricting or denying access by adults to sexually oriented materials protected by the
First Amendment, or deny access by the distributors and exhibitors of sexually oriented
entertainment to their intended market.
(c) Definitions. For purposes of this Section, the following special definitions shall apply.
The words and terms used in this Ordinance that are not defined herein shall have the
meanings commonly ascribed to them. Words used in the present tense include the future
Page 136 of 160
Pg. 193
tense. Words in the singular number include the plural number and words in the plural
number include the singular number. The word "he" shall be defined to include the word
"she."
Adult arcade means any place to which the public is permitted or invited wherein coinoperated, token-operated or electronically, electrically or mechanically controlled still or
motion picture machines, projectors, or other image-producing devices are maintained to
show images to five (5) or fewer persons per machine at any one (1) time, and where the
images so displayed are distinguished or characterized by an emphasis on matter depicting or
describing specified sexual activities or specified anatomical areas.
Adult bookstore means a commercial establishment which as one (1) of its business purposes
offers for sale or rental for any form of consideration books, magazines, periodicals or other
printed matters, or any combination thereof, which are distinguished or characterized by an
emphasis on matters depicting or describing specified sexual activities or specified
anatomical areas.
Adult cabaret means a nightclub, bar, restaurant, or similar commercial establishment which
regularly features persons who appear in a state of nudity or give live performances which
are distinguished or characterized by an emphasis on the exposure of specified anatomical
areas or by an emphasis on specified sexual activities.
Adult motel means a hotel, motel or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration and provides
patrons with closed-circuit television transmissions, films, motion pictures, video
cassettes, slides, or other pornographic reproductions which are distinguished or
characterized by an emphasis on matters depicting or describing specified sexual
activities or specified anatomical areas and has a sign visible from the public right-ofway which advertises the availability of this adult type of photographic reproductions; or
(2) Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
(3) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of
time that is less than ten (10) hours.
Adult movie theater means a commercial establishment where, for any form of
consideration, films, motion pictures, video cassettes, video reproductions, slides or other
visual representations, or any combination thereof, are regularly shown which are
distinguished or characterized by an emphasis on matters depicting or describing specified
sexual activities or specified anatomical areas.
Adult novelty store means a commercial establishment which as one (1) of its business
purposes offers for sale or rental for any form of consideration any one (1) or more of the
following:
(1) Books, magazines, periodicals, or other printed matter, or photographs, films, motion
pictures, videocassettes or video reproductions, slides, objects, or other visual
representations which depict or describe specified sexual activities or specified
anatomical areas; or
Page 137 of 160
Pg. 194
(2) Instruments, devices, or paraphernalia which are designed or manufactured for use in
connection with specified sexual activities. This does not include items used for birth
control or for prevention of sexually transmitted diseases.
Adult service establishment means a commercial establishment which offers services or sells
products to customers and in which one (1) or more of the employees or the customer
appears in a state of nudity or simulated nudity.
Adult video store means a commercial establishment which as one (1) of its business
purposes offers for sale or rental for any form of consideration photographs, films, motion
pictures, video cassettes, video reproductions, slides or other visual representations, or any
combination thereof, which are distinguished or characterized by an emphasis on matters
depicting or describing specified sexual activities or specified anatomical areas.
Chief of Police means the Chief of Police of the City of Weatherford or the chief's designated
representative.
Customer means any person who:
(1) Is allowed to enter a sexually oriented business in return for the payment of an
admission fee or any other form of consideration or gratuity; or
(2) Enters a sexually oriented business and purchases, rents, or otherwise partakes of any
merchandise, goods, entertainment, or other services offered therein; or
(3) Is a member of and on the premises of a sexually oriented business operating as a
private club.
Employee means any person who renders any service whatsoever to the customers of a
sexually oriented business or who works in or about a sexually oriented business and who
receives compensation for such service or work from the operator or owner of the sexually
oriented business or from its customers.
Escort means a person who, for consideration, agrees or offers to act as a companion or date
for another person, or who agrees or offers to privately model lingerie or to privately perform
a striptease for another person.
Escort agency means a person or business association who, as one (1) of its principal
business purposes, furnishes, offers to furnish, or advertises to furnish escorts, or any
combination thereof, for a fee, tip, or other consideration.
Licensee means a person in whose name a license to operate a sexually oriented business has
been issued, as well as any and all individuals listed as applicants on the application for a
license.
Licensed day-care center means a day-care center as defined in this Ordinance.
Manager means any person (1) who supervises, directs or manages any employee of a
sexually oriented business or (2) who is charged by the licensee, owner, or operator with
directly supervising the operation of the sexually oriented business and with monitoring and
observing all areas of the enterprise to which customers are admitted at all times during
which the enterprise is open for business or customers are on the premises.
Page 138 of 160
Pg. 195
Nude modeling studio means any place where a person who appears in a state of nudity or
displays specified anatomical areas is provided or allowed to be observed, sketched, drawn,
painted, sculptured, photographed or similarly depicted by other persons who pay money or
any form of consideration.
Nudity or state of nudity means less than completely and opaquely covered:
(1) Human genitals, pubic region, or pubic hair;
(2) All portions of a female breast below a point immediately above the top of the areola
continuing downward to the lowest portion of the breast;
(3) Human buttock; or
(4) Any combination of the above.
Operated or causes to be operated means to cause to function or to put or keep in operation.
A person may be found to be operating or causing to be operated a sexually oriented business
whether or not that person is an owner, part owner, licensee, or manager of the
establishment.
Person means an individual, firm, association, organization, partnership, trust, foundation,
company or corporation.
Regularly means featuring, promoting, or advertising a happening or occurrence on a
recurring basis.
Residential district means a district zoned for residential uses under the Zoning Ordinance of
the City of Weatherford.
Residential use means a one-family, townhouse, duplex, triplex, fourplex, mobile home,
manufactured home, or multiple-family dwelling as defined in the Zoning Ordinance of the
City of Weatherford.
Sex parlor means an establishment that is operated for the purpose of giving massages, at the
establishment or on a home-call basis, which are intended to provide sexual stimulation or
sexual gratification in combination with a massage.
Sexual encounter center means a business or commercial enterprise that offers for any form
of consideration physical contact in the form of wrestling or tumbling between persons of the
opposite sex, or activities between male and female persons and/or persons of the same sex,
when one (1) or more of the persons is in a state of nudity or simulated nudity.
Sexually oriented business means an adult arcade, adult bookstore, adult cabaret, adult
novelty store, adult motel, adult movie theater, adult service establishment, adult video store,
sex parlor, sexual encounter center, nude modeling studio or other commercial enterprise, or
any combination thereof, which devotes a significant or substantial portion of its business to
the offering of a service or the selling, renting or exhibiting of devices or any other items
intended to provide sexual stimulation or sexual gratification to its customers, and which is
distinguished by or characterized by an emphasis on matter depicting, describing or relating
to specified sexual activities or specified anatomical areas, or whose employees or customers
appear in a state of nudity. As used in this definition, "significant or substantial portion" shall
be construed with reference to all relevant factors, including but not limited to the following:
Page 139 of 160
Pg. 196
(1) Whether the business uses advertising or signage identifying the business as having
sexually explicit merchandise or services for sale, rental, or viewing, including the use of
terms such as "adult," "sex," or "XXX;"
(2) The proportion of retail floor space, display areas, presentation time, or stock in trade
devoted to sexually explicit content (Stock in trade shall be measured with all titles or
objects available on the premises for sale or rental including those that are identical,
considered a separate title or object.);
(3) The percentage of the business's overall sales or revenues attributable to sexually
explicit content; and
(4) The percentage of sales or revenues attributable to sexually explicit content within
each category of merchandise, including books, magazines, movies for rental, movies for
sale, movies for on-site viewing, performances, sexual paraphernalia, or other products or
services.
The term "sexually oriented business" shall not be construed to include:
(1) Any business operated by or employing licensed psychologists, licensed physical
therapists, registered massage therapists, registered nurses, or licensed athletic trainers
engaged in practicing such licensed professions;
(2) Any business operated by or employing licensed physicians or licensed chiropractors
engaged in practicing the healing arts;
(3) Any retail establishment whose principal business is the offering of wearing apparel
for sale to customers, which does not exhibit merchandise on live models, and which
does not offer for sale or rental any:
a. Materials of any kind containing depictions of specified anatomical areas; or
b. Instruments, devices, or paraphernalia which are designed or manufactured for use
in connection with specified sexual activities; or
(4) Any activity conducted or sponsored by any Texas independent school district,
licensed or accredited private school, or public or private college or university.
Simulated nudity means a state of dress in which any device or covering is worn and exposed
to view that simulates any part of the genitals, buttocks, anus, pubic region, or areola of the
female breast.
Specified anatomical areas means human genitals, pubic regions, buttocks and female breast
below a point immediately above the top of the areola.
Specified sexual activities means and includes any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, pubic hair,
perineum, buttocks, anus, or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral
copulation, sodomy, or bestiality;
(3) Masturbation, actual or simulated; or
Page 140 of 160
Pg. 197
(4) Excretory functions.
(d) Hours of operation. No sexually oriented business, except for an adult motel, may
remain open at any time between the hours of 12:00 a.m. (midnight) and 8:00 a.m. on
weekdays and Saturdays, and 12:00 a.m. (midnight) and 2:00 p.m. on Sundays.
(e) Location.
(1) Except as permitted in subsection (b) below, a person commits an offense if he
establishes, operates or causes to be operated, or expands a sexually oriented business
within one thousand (1,000) feet of any of the following uses or locations within the city
limits or extraterritorial jurisdiction of the city:
a. A church or synagogue;
b. A public or private elementary or secondary school or licensed day-care center;
c. A boundary of a residential district (including, but not limited to, zoning
classifications AG, R-L, R-1, R-2, R-3 and MH.)
d. A public park;
e. A public library;
f. The property line of a lot devoted to a residential use as defined in this Ordinance;
or
g. Another sexually oriented business.
(2) A person commits an offense if he establishes, operates or causes to be operated, or
expands a sexually oriented business within a zoning district other than I Industrial as
established in this Ordinance.
(3) A person commits an offense if he establishes, operates or causes to be operated, a
sexually oriented business in any building, structure or portion thereof containing another
sexually oriented business.
(4) For the purposes of subsection (1) above, measurement shall be made in a straight
line, without regard to intervening structures or objects, from the nearest portion of the
building or structure used as part of the premises where a sexually oriented business is
conducted, to the nearest property line of the premises of a use listed in subsections (1)a.
through (1)g. above.
(f) Nonconforming uses.
(1) Any sexually oriented business that is in violation of subsection (e) or any other
location requirement of any other city ordinances, that was legally operating on the
effective date of adoption or amendment of such ordinance or regulation, shall be deemed
a nonconforming use and the provisions of this Ordinance shall apply, except if two (2)
or more sexually oriented businesses are within one thousand (1,000) feet of each other,
or are located in the same building or structure, and otherwise in a permissible location,
the sexually oriented business that was first established and continually operating as a
sexually oriented business at a particular location (regardless of which business was first
located in the city), even if operating under a different name, ownership, or selling
Page 141 of 160
Pg. 198
different sexually oriented merchandise or services, is the conforming use and the laterestablished business is nonconforming.
(2) The provisions of this subsection shall also apply to legally operating sexually
oriented businesses made nonconforming by annexation into the city limits.
(3) Any sexually oriented business that is lawfully operating within the City as a
conforming use on or after the effective date of this Ordinance, shall not be rendered a
nonconforming use by the subsequent location of a protected use listed in subsection
(e)(1) within one thousand (1,000) feet of the sexually oriented business.
(4) Nonconforming sexually oriented businesses shall be subject to amortization under
the procedures set forth herein.
(5) Notwithstanding anything contained in this Ordinance to the contrary, a
nonconforming sexually oriented business shall be required to meet all applicable
requirements of this Ordinance except locational requirements established by subsections
(e)(1) through (e)(3) and the prohibition on nudity established by subsection 19 within
sixty (60) days of the date that it becomes nonconforming. The Board of Adjustment may
grant a nonconforming sexually oriented business an extension if the business shows,
upon written application, that meeting these requirements within sixty (60) days imposes
an unnecessary hardship on the business.
(g) License required.
(1) A person commits an offense if he operates or causes to be operated a sexually
oriented business without a valid sexually oriented business license or nonconforming
sexually oriented business license, issued by the City for the particular type of business.
(2) The applicant must be qualified according to the provisions of this Ordinance.
(3) The fact that a person possesses other types of state or City permits or licenses does
not exempt the person from the requirement of obtaining a license for a sexually oriented
business.
(h) Same; application.
(1) Any person desiring to obtain a sexually oriented business license shall make
application on a form provided by the Chief of Police. The application must:
a. Be accompanied by a diagram of the premises showing a plan of the premises,
specifying the location of all overhead lighting fixtures, designating any portion of
the premises in which customers will not be permitted, and specifying the location of
all manager's stations, if applicable. The diagram shall designate the place at which
the license will be conspicuously displayed, if granted. A professionally prepared
diagram in the nature of an engineer's or architect's blueprint shall not be required;
however, each diagram should be oriented to the north or to some designated street or
object and should be drawn to a designated scale or with marked dimensions
sufficient to show the various internal dimensions of all areas of the interior of the
premises to an accuracy of plus or minus six (6) inches;
Page 142 of 160
Pg. 199
b. Contain all information required pursuant to subsection (i) and be supported by
any necessary documentation;
c. Include a current list of all employees or prospective employees, along with copies
of complete updated employment application, valid driver's license, state
identification card, or passport containing a photograph of the employee;
d. Contain any other information requested by the Chief of Police in order to assist
the Chief in deciding whether to grant the license; and
e. Be sworn to be true and correct by the applicant.
(2) If a person who wishes to operate a sexually oriented business is an individual, he
must sign the application for a license as applicant. If a person who wishes to operate a
sexually oriented business is other than an individual, each individual who has a twenty
(20) percent or greater interest in the business must sign the application for a license as
applicant. Each applicant must be qualified under subsection (i) and each applicant shall
be considered a licensee if a license is granted.
(3) All applications for a license under this Section shall be accompanied by a
nonrefundable application fee of five hundred dollars ($500.00). An application shall not
be considered to have been filed until the fee is paid and all information required by the
application form has been submitted.
(4) The Chief of Police may obtain criminal history record information maintained by
the Texas Department of Public Safety from the Texas Department of Public Safety for
any person required to sign the application under this Section.
(i) Same; issuance.
(1) The Chief of Police shall approve the issuance of a license to an applicant within
thirty (30) days after filing of an application unless the Chief of Police finds one (1) or
more of the following to be true:
a. The location of the sexually oriented business is or will be in violation of
subsection 5 and no exemption has been granted under subsection (bb).
b. The applicant failed to supply all of the information requested on the application.
c. The applicant gave false, fraudulent, or untruthful information on the application.
d. An applicant is under eighteen (18) years of age.
e. An applicant or an applicant's spouse is overdue in payment to the city of taxes,
fees, fines, or penalties assessed against or imposed upon the applicant or the
applicant's spouse in relation to a sexually oriented business.
f. An applicant or an applicant's spouse has been convicted of a violation of a
provision of this Section, other than the offense of operating a sexually oriented
business without a license, within two (2) years immediately preceding the
application. The fact that a conviction is being appealed shall have no effect on the
denial of a license.
g. The application or renewal fee required by this Section has not been paid.
Page 143 of 160
Pg. 200
h. The applicant has not demonstrated that the owner of the sexually oriented
business owns or holds a lease for the property or the applicable portion thereof
within which the sexually oriented business will be situated or has a legally
enforceable right to acquire the same.
i. An applicant or the proposed establishment is in violation of or is not in
compliance with subsection (k) or (p).
j. An applicant or an applicant's spouse has been convicted of a crime:
1. Involving:
i. Any of the following offenses as described in V.T.C.A., Penal Code ch. 43:
a) Prostitution;
b) Promotion of prostitution;
c) Aggravated promotion of prostitution;
d) Compelling prostitution;
e) Obscenity;
f) Sale, distribution, or display of harmful material to a minor;
g) Sexual performance by a child;
h) Possession of child pornography;
ii. Any of the following offenses as described in V.T.C.A., Penal Code ch.
21:
a) Public lewdness;
b) Indecent exposure;
c) Indecency with a child;
iii. Sexual assault or aggravated sexual assault as described in V.T.C.A.,
Penal Code ch. 22;
iv. Incest (prohibited sexual conduct), enticing a child, or harboring a
runaway child as described in V.T.C.A., Penal Code, ch. 25;
v. Possession or distribution of a controlled substance; or
vi. Criminal attempt, conspiracy, or solicitation to commit any of the
foregoing offenses; and
2. For which:
i. Less than two (2) years have elapsed since the date of conviction, or the
date of release from the terms of probation, parole, or deferred adjudication,
or the date of release from confinement imposed for the conviction, whichever
is the later date, if the conviction is of a misdemeanor offense;
Page 144 of 160
Pg. 201
ii. Less than five (5) years have elapsed since the date of conviction, or the
date of release from the terms of probation, parole, or deferred adjudication,
or the date of release from confinement imposed for the conviction, whichever
is the later date, if the conviction is of a felony offense; or
iii. Less than five (5) years have elapsed since the date of the last conviction
or the date of release from confinement for the last conviction, whichever is
the later date, if the convictions are of two (2) or more misdemeanor offenses
or combination of misdemeanor offenses occurring within any two-year
period.
k. For an existing business, the business is in violation of any other applicable
requirement of this Section.
(2) The fact that a conviction of the applicant or applicant's spouse is being appealed
shall have no effect on the disqualification.
(3) The license, if granted, shall state on its face the name of the person or persons to
whom it is granted, the expiration date, and the address of the sexually oriented business.
(4) The license shall be posted in a conspicuous place at or near the entrance to the
sexually oriented business so that it may be easily read at any time.
(j) License for nonconforming sexually oriented business.
(1) Notwithstanding anything contained in this Section to the contrary, the Chief of
Police shall issue a nonconforming sexually oriented business license to a nonconforming
sexually oriented business under subsection (f) if the Chief of Police finds:
a. A proper application for a license has been made in accordance with this Section;
b. The applicant would qualify for a license under the provisions of subsection
(i)(1)b. through (i)(1)k.;
c. The sexually oriented business is a nonconforming use under the provisions of
subsection (f);
d. The building in which the applicant proposes to locate the sexually oriented
business is not a dangerous or substandard building pursuant to applicable ordinances
of the City; and
e. The sexually oriented business complies with all other requirements of this
Section.
(2) A nonconforming sexually oriented business license issued under this Section shall
be subject to expiration, suspension, revocation, appeal, transfer and all other
requirements of this Section that are applicable to sexually oriented business licenses.
(3) The issuance of a nonconforming sexually oriented business license shall not be
deemed to make the sexually oriented business a legal use or to grant any other rights or
waivers other than to allow the nonconforming sexually oriented business to operate in
compliance with subsection (g)(1).
(k) Inspection and maintenance of records.
Page 145 of 160
Pg. 202
(1) An applicant or licensee shall permit representatives of the Police department, Health
department, Fire department, and Building Inspections division to inspect the premises of
a sexually oriented business for the purpose of insuring compliance with the law, at any
time during the thirty (30) day application period or after it is occupied or open for
business. The provisions of this subsection do not apply to areas of an adult motel which
are currently being rented by a customer for use as a permanent or temporary habitation.
(2) A person who operates a sexually oriented business or his agent or employee
commits an offense if he refuses to permit a lawful inspection of the premises by a
representative of the Police department, Health department, Fire department, or Building
Inspections division at any time during the thirty (30) day application period or after it is
occupied or open for business.
(3) A person who operates a sexually oriented business or his agent or employee
commits an offense if he operates the establishment without maintaining a current list of
all employees employed by the business, along with a complete updated employment
application. Each employment application shall include a copy of a valid driver's license,
state identification card, or passport, all with a photo.
(l) Expiration of license.
(1) Each license shall expire one (1) year from the date of issuance.
(2) A license may be renewed by submission to the Chief of Police of an application on
the form prescribed by the Chief of Police and payment of a nonrefundable renewal
processing fee of five hundred dollars ($500.00).
(3) Application for renewal shall be made at least thirty (30) days before the expiration
date of the license. If application is made less than thirty (30) days before the expiration
date and the new license is granted after the expiration of the previous license, the new
license shall still expire in one (1) year from the previous expiration date.
(m) Suspension.
(1) The Chief of Police shall suspend a license for a period not to exceed thirty (30) days
if he determines that a licensee or an employee or spouse of a licensee:
a. Has violated or is not in compliance with subsection (k);
b. Is in a state of public intoxication while on the sexually oriented business
premises;
c. Knowingly permits gambling by any person on the sexually oriented business
premises; or
d. Is delinquent in payment to the city for taxes, fees, fines, or penalties assessed
against or imposed on the licensee or the licensee's employee or spouse in relation to
a sexually oriented business.
(2) When the Chief of Police is authorized to suspend a license under this subsection, he
shall give the licensee the opportunity to pay a reinstatement fee of two hundred dollars
($200.00) rather than have the license suspended. In addition to and included as a part of
the reinstatement fee, a licensee whose license is suspended for a violation of subsection
Page 146 of 160
Pg. 203
(1)d. must pay all delinquent taxes, fees, fines, or penalties before the license will be
reinstated.
a. Payment of this reinstatement fee shall be considered an administrative admission
of the violation. However, this shall not be used as an admission of guilt in a criminal
prosecution under this Section.
b. If the licensee does not pay the reinstatement fee before the expiration of the third
working day after notification, he loses the opportunity to pay it and the Chief of
Police shall impose the suspension.
c. Each day in which a violation is permitted to continue shall constitute a separate
cause for suspension.
(n) Revocation.
(1) The Chief of Police shall revoke a license if a cause of suspension in subsection (m)
occurs and the license has been suspended or a reinstatement fee paid within the
preceding twelve (12) months.
(2) The Chief of Police shall revoke a license if he determines that:
a. One (1) or more statements contained in subsection (i)(1) is true;
b. The licensee violated or is not in compliance with subsection (e) or (p);
c. The licensee or an employee of the licensee knowingly allowed possession, use, or
sale of a controlled substance on the sexually oriented business premises;
d. The licensee or an employee of the licensee knowingly allowed prostitution on the
sexually oriented business premises;
e. The licensee or an employee of the licensee knowingly operated the sexually
oriented business during a period of time when the licensee's license was suspended;
f. On two (2) or more occasions within a twelve-month period, an employee of the
licensee committed in or on the sexually oriented business premises an offense listed
in subsection (i)(1)j. for which a conviction or a deferred adjudication or other form
of probation has been obtained; or
g. The licensee or an employee of the licensee knowingly allowed any act of sexual
intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in or on
the sexually oriented business premises. The term "sexual contact" shall have the
same meaning as it is defined in V.T.C.A., Penal Code § 21.01.
(3) The fact that a conviction is being appealed shall have no effect on the revocation of
the license.
(4) Subsection (n)(2)h. does not apply to adult motels as a ground for revoking the
license unless the licensee or employee knowingly allowed the act of sexual intercourse,
sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or
within public view.
Page 147 of 160
Pg. 204
(5) When the Chief of Police revokes a license, the revocation shall continue for one (1)
year and the licensee shall not be issued a sexually oriented business license for one (1)
year from the date revocation became effective. If, subsequent to revocation, the Chief of
Police finds that the basis for the revocation has been corrected or abated, the applicant
may be granted a license if at least ninety (90) days have elapsed since the date the
revocation became effective. If the license was revoked under subsection (n)(2)a. for an
offense listed in subsection (i)(1)j. for which the time period required has not elapsed, an
applicant may not be granted another license until the appropriate number of years
required under subsection (i)(1)j. has elapsed.
(o) Appeal.
(1) If the Chief of Police is authorized to deny the issuance of a license, or suspend or
revoke a license as provided in this Section, the Chief of Police shall give written notice
to the applicant or licensee of such intention and the basis for the denial, suspension, or
revocation.
a. The notice of intent shall provide that the denial of issuance, or the suspension or
revocation shall be effective at the expiration of the third working day after the Chief
of Police gave the notification, unless the applicant or licensee provides a written
response to the Chief of Police before the expiration of the third working day.
b. If the Chief of Police receives a timely written response from the applicant or
licensee, the denial of issuance, or the suspension or revocation will be stayed
pending a final decision by the Chief of Police.
(2) The Chief of Police may request from the applicant or licensee any additional
information necessary to finally decide whether to deny, suspend, or revoke a license.
(3) After reviewing the written response from and any additional information submitted
by the applicant or licensee, the Chief of Police shall render a final written decision. The
Chief of Police shall deliver this final decision to the applicant or licensee by hand
delivery or by certified mail, return receipt requested, to the address provided on the
application.
(4) The final decision by the Chief of Police shall be final and effective immediately.
(5) Upon receipt of written notice of denial, suspension, or revocation, the applicant or
licensee shall have the right to appeal to district court. If the Chief of Police denies,
suspends, or revokes the license because the location of the sexually oriented business is
or would be in violation of the locational requirements of subsection (e), the applicant
may request an exemption from the location appeal board pursuant to subsection (bb).
(6) The appeal to district court must be filed within thirty (30) days after:
a. The applicant or licensee receives notice of the Chief of Police's decision; or
b. The location appeal board denies the exemption.
(7) The licensee or applicant shall bear the burden of proof in court.
(p) Transfer.
Page 148 of 160
Pg. 205
(1) A person commits an offense if he transfers his license to another person or operates
a sexually oriented business under the authority of a license at any place other than the
address designated in the application.
(2) A person commits an offense if he counterfeits, forges, changes, defaces, or alters a
license.
(q) Additional regulations; adult cabarets.
(1) An employee of an adult cabaret while appearing in a state of nudity or simulated
nudity commits an offense if he touches a customer or the clothing of a customer.
(2) A customer at an adult cabaret commits an offense if he touches an employee
appearing in a state of nudity or simulated nudity.
(3) Each adult cabaret shall have a manager's station, which shall not exceed thirty-two
(32) square feet of floor area. A licensee or employee of an adult cabaret commits an
offense if he permits any customer access to an area of the premises not visible from the
manager's station or not visible by a walk-through of the premises without entering a
closed area, excluding restrooms. The view required in this subsection shall be by direct
line of sight. The view shall be deemed insufficient if clear visibility of such line of sight
must be attained by using flashlights or spotlights in addition to overhead house lighting.
(4) No employee of an adult cabaret may appear in an area of the business visible to
patrons or customers unless the employee completely and opaquely covers his or her
genitals, pubic region, and pubic hair; anus; and, if female, her areolae. In addition, the
employee is subject to the requirements of subsection (r).
(5) No licensee, owner, operator, or manager of an adult cabaret shall permit an
employee to violate subsection (4) above.
(6) A licensee, operator or employee commits an offense if the licensee, operator or
employee appears in a state of nudity or knowingly allows another to appear in a state of
nudity in an area of the adult cabaret which can be viewed from the public right-of-way.
(7) A licensee shall designate and appoint one or more managers to manage, direct, and
control the premises and operations of an adult cabaret. At least one (1) manager shall be
on the premises at any time the adult cabaret is open for business.
(8) A licensee or manager commits an offense if the adult cabaret fails to display the
floor markings as required in subsection 18(d) of this Section.
(9) An operator or a manager appointed under this Section shall at all times have the
duty to ensure that each employee in the adult cabaret has been instructed to commit no
act which would constitute a violation of this Ordinance or which would provide grounds,
or part of the grounds, for suspension or revocation of a license issued under this Section.
(r) Additional regulations; public nudity.
(1) A licensee, operator, or employee commits an offense if the licensee, operator, or
employee appears in a state of nudity or knowingly allows another person to appear in a
state of nudity in a sexually oriented business, unless the person is an employee who,
while in a state of nudity, is on a stage (on which no patron or customer is present) that is
Page 149 of 160
Pg. 206
at least eighteen (18) inches above the floor, and that is at least six (6) feet from any
patron or customer.
(2) It is an offense for an employee, while in a state of nudity in a sexually oriented
business, to receive directly any pay or gratuity from any patron or customer, or for any
patron or customer to pay or give any gratuity directly to any employee, while that
employee is in a state of nudity in a sexually oriented business. Such gratuity or pay may
be provided to such an employee through a tip receptacle, located more than six (6) feet
from the nearest point of the performance stage where the employee is in a state of
nudity, or may be paid to an employee that is not in a state of nudity, as part of the
customer's bill.
(3) A licensee or operator commits an offense if the licensee or operator fails to display a
sign on the interior of the sexually oriented business premises notifying patrons and
customers and employees of the prohibitions described in this subsection. The sign must
be prominently and continuously displayed where patrons or customers enter the
premises, and immediately adjacent to each performance stage, and must state in letters at
least two (2) inches high:
TOUCHING OR TIPPING AN EMPLOYEE WHO IS IN A STATE OF NUDITY IS A CRIME
(MISDEMEANOR) PUNISHABLE BY A FINE OF UP TO $2,000.00. PATRONS SHALL
REMAIN AT LEAST SIX FEET FROM ALL PERFORMANCE STAGES.
The Chief of Police may also require, at the time of issuance or renewal of the license,
the licensee to display the sign in a language other than English if he determines that a
substantial portion of the expected patrons or customers speak the other language as their
familiar language. Upon notification, a licensee commits an offense if the sign does not
contain this language in the required language, in addition to English.
(4) A licensee or operator commits an offense if the licensee or operator fails to
prominently and continuously display a glow-in-the-dark line on the floor of the sexually
oriented business, at least two (2) inches wide, marking a distance of six feet from each
performance stage on which an employee in a state of nudity may appear in accordance
with subsection (1) above.
(s) Prohibition of nudity in certain commercial establishments.
(1) Purpose. The purpose of this Section is to prohibit certain acts of commercial
exploitation of human sexuality in commercial establishments where alcoholic beverages
are served or offered for sale for consumption on the premises, or permitted to be
consumed on the premises, and to reduce the likelihood of criminal activity, moral
degradation and disturbances of the peace and good order of the community, to prohibit
lewd and unlawful activity, such as prostitution and the proliferation of controlled
substances, all of which may occur when such commercial exploitation is permitted in
such places, and to promote the preservation of property values of neighborhoods and
adjacent properties.
(2) Prohibition.
Page 150 of 160
Pg. 207
a. No person shall appear in a state of nudity or simulated nudity in any commercial
establishment at which alcoholic beverages are served or offered for sale for
consumption on the premises, or permitted to be consumed on the premises.
b. No licensee, owner, operator, or manager of any commercial establishment at
which alcoholic beverages are served or offered for sale for consumption on the
premises, or are permitted to be consumed on the premises, shall permit any person to
appear in a state of nudity.
(3) Nonconforming uses.
Any business that was legally operating on the effective date of adoption or amendment
of this Ordinance shall be deemed a nonconforming use as to the prohibition established
in this subsection and shall be subject to the provisions of the zoning ordinance.
(t) Same; escort agencies.
(1) A person commits an offense if he employs at an escort agency any person under the
age of eighteen (18) years.
(2) A person commits an offense if he acts as an escort or agrees to act as an escort for
any person under the age of eighteen (18) years.
(u) Same; nude model businesses.
(1) A person commits an offense if he employs at a nude model business any person
under the age of eighteen (18) years.
(2) A person under the age of eighteen (18) years commits an offense if he appears in a
state of nudity or simulated nudity in or on the premises of a nude model business. It is a
defense to prosecution under this subsection if the person was in a restroom not open to
public view or persons of the opposite sex.
(3) A person commits an offense if he appears in a state of nudity or simulated nudity, or
knowingly allows another to appear in a state of nudity or simulated nudity, in an area of
a nude model business premises which can be viewed from the public right-of-way.
(4) A person commits an offense if he places or permits a bed, sofa, or mattress in any
room on the premises of a nude model business except that a sofa may be placed in a
reception room open to the public.
(5) A licensee or employee of a nude model business commits an offense if he permits
any customer access to an area of the premises not visible from the manager's station or
not visible by a walk through of the premises without entering a closed area, excluding
restrooms.
(6) An employee of a nude model business, while appearing in a state of nudity or
simulated nudity, commits an offense if he touches a customer or the clothing of a
customer.
(7) A customer at a nude model business commits an offense if he touches an employee
appearing in a state of nudity or simulated nudity.
(v) Same; adult theaters and adult motion picture theaters.
Page 151 of 160
Pg. 208
(1) A person commits an offense if he knowingly allows a person under the age of
eighteen (18) years to appear in a state of nudity or simulated nudity in or on the premises
of an adult theater or adult motion picture theater.
(2) A person under the age of eighteen (18) years commits an offense if he knowingly
appears in a state of nudity or simulated nudity in or on the premises of an adult theater or
adult motion picture theater.
(3) It is a defense to prosecution under subsections (1) and (2) above if the person under
eighteen (18) years was in a restroom not open to public view or persons of the opposite
sex.
(w) Same; adult motels.
(1) Evidence that a sleeping room in a hotel, motel, or similar commercial establishment
has been rented and vacated two (2) or more times in a period of time that is less than ten
(10) hours creates a rebuttable presumption that the establishment is an adult motel.
(2) A person commits an offense if, as the person in control of a sleeping room in a
hotel, motel, or similar commercial establishment that does not have a sexually oriented
business license, he rents or sub-rents a sleeping room to a person and, within ten (10)
hours from the time the room is rented, he rents or sub-rents the same sleeping room
again.
(3) For purposes of subsection (1) above, the terms "rent" or "sub-rent" mean the act of
permitting a room to be occupied for any form of consideration.
(x) Regulations pertaining to exhibition of sexually explicit films or videos.
A sexually oriented business other than an adult motel, which exhibits on the premises in a
viewing room of less than one hundred fifty (150) square feet of floor space, a film, video
cassette, or other video reproduction which depicts specified sexual activities or specified
anatomical areas, shall comply with the following requirements:
(1) Upon application for a sexually oriented business license, the application shall be
accompanied by a diagram of the premises as required by subsection (h)(1)a. The
diagram shall show the location of the manager's stations. A manager's station shall not
exceed thirty-two (32) square feet of floor area.
(2) No alteration in the configuration or location of a manager's station may be made
without the prior approval of the Chief of Police.
(3) The licensee commits an offense if he permits a manager's station to be unattended
by a designated manager at any time a customer is present on the premises.
(4) The interior of the premises shall be configured in such a manner that there is an
unobstructed view from a manager's station of every area of the premises to which any
customer is permitted access for any purpose, excluding restrooms. Restrooms may not
contain video reproduction equipment. If the premises has two (2) or more manager's
stations designated, then the interior of the premises shall be configured in such a manner
that there is an unobstructed view of each area of the premises to which any customer is
permitted access for any purpose, excluding restrooms, from at least one (1) of the
Page 152 of 160
Pg. 209
manager's stations. The view required in this subsection must be by direct line of sight
from the manager's station. The view shall be deemed insufficient if clear visibility of
such line of sight must be attained by using flashlights or spotlights in addition to
overhead house lighting.
(5) The licensee or manager commits an offense if he permits access to a customer of
any area of the premises that is not visible from the manager's station for any purpose,
excluding restrooms.
(6) The owners, operator, and any agents and employees present on the premises shall
ensure that the view area specified in subsection (5) above, remains unobstructed by any
doors, walls, merchandise, display racks, or other materials at all times that any customer
is present in the premises and to ensure that no customer is permitted access to any area
of the premises which has been designated as an area in which customers will not be
permitted in the application filed pursuant to subsection (1) above.
(7) No viewing rooms or booths of less than one hundred fifty (150) square feet of floor
space shall be occupied by more than one (1) person at any time.
(8) No licensee or manager shall allow openings or holes of any kind to exist between
adjacent or adjoining viewing rooms or booths.
(9) No person shall make or attempt to make an opening or hole of any kind between
adjacent or adjoining viewing rooms and booths.
(10) The licensee and any manager shall have a duty, during each business day, regularly
to inspect the walls of all viewing rooms or booths to determine if any openings or holes
exist.
(11) The licensee or any manager commits an offense if he permits any patron or
customer access to a viewing room or booth where any opening or hole exists into an
adjacent or adjoining viewing room or booth.
(12) This subsection shall not prohibit conduits for plumbing, heating, air conditioning,
ventilation or electrical service, if the conduits are screened or otherwise configured so as
to prevent their use as openings that would permit any portion of a human body to
penetrate the wall or barrier separating viewing rooms or booths.
(y) Additional regulations for sexually oriented businesses.
(1) Public and employee restrooms in a sexually oriented business shall not, at any time,
contain or be used for sexually oriented business activity, video reproduction equipment,
or sexually oriented merchandise.
(2) An adult arcade, adult bookstore, adult video store, adult novelty store, adult service
establishment, adult cabaret, adult theater, adult motion picture theater, nude model
business, sex parlor, and sexual encounter center shall at all times maintain at least one
(1) legible sign posted in a conspicuous place at each public entrance easily visible by all
persons prior to entry into the establishment with lettering of at least one (1) inch in
height in English and Spanish which contains the following statement:
Page 153 of 160
Pg. 210
"THIS IS A SEXUALLY ORIENTED BUSINESS ESTABLISHMENT WHICH REGULARLY
FEATURES [description of the type of activity licensed to be conducted]. IF NUDITY OR
ACTIVITY OF A SEXUAL NATURE OFFENDS YOU DO NOT ENTER. NO PERSONS
UNDER EIGHTEEN YEARS OF AGE ALLOWED ENTRY [or "NO PERSON UNDER
TWENTY-ONE YEARS OF AGE ALLOWED ENTRY, " if alcohol is served].
(3) The premises of any sexually oriented business shall be equipped with overhead
lighting fixtures of sufficient intensity to illuminate every place to which customers are
permitted access at an illumination of not less than twenty (20) footcandles.
(4) During hours of darkness when a sexually oriented business is in operation, all
required parking and all outdoor areas to which pedestrians have access on the premises
of the sexually oriented business shall be lighted to an intensity of not less than five (5)
footcandles measured at ground level.
(5) No models, mannequins, pictures, drawings, sketches, or other live or simulated,
pictorial or graphic displays of nudity or simulated nudity shall be allowed in a manner
that is visible to the public from any street, sidewalk, or other public place.
(6) The licensee commits an offense if he violates subsection (3), (4), or (5) above.
(z) Employee permits.
(1) Permit required.
a. It shall be unlawful for any person who does not hold a permit to act as a manager
or employee of a sexually oriented business.
b. It shall be the duty of the licensee, operator and owners of each sexually oriented
business to ensure that no person acts as a manager or employee of a sexually
oriented business unless that person holds a permit.
(2) Issuance of permits.
a. Any person who desires to obtain an original or renewal permit shall make
application in person at the offices of the Police department between the hours of 8:00
a.m. and 12:00 p.m., Monday through Friday, city observed holidays excepted. The
application shall be made under oath upon a form prescribed by the Chief of Police
and shall include:
1. The name, home street address and mailing address (if different) of the
applicant;
2. Proof of the date of birth of the applicant and the identity of the applicant,
including at least one photographic identity card issued by a governmental
agency;
3. A list of any criminal charges pending, convictions, and time of service in jail
or prison as related to any applicable offense that is specified in subsection
(i)(1)j.; and
4. One passport-type photograph of the applicant of a size specified by the Chief
of Police, which shall become part of the photographic identity card if a permit is
Page 154 of 160
Pg. 211
issued. If an on-site card is required under subsection (d)(9) herein, then the
application must contain a second photograph of the same type.
b. Each application shall be accompanied by a nonrefundable processing fee of sixty
dollars ($60.00). Each applicant shall be required to provide fingerprints to be used to
verify the applicant's identity and criminal history information. Each applicant shall
sign a waiver and authorization form authorizing the Chief of Police to request on
behalf of the applicant criminal history reports from the Texas Department of Public
Safety and any appropriate federal agency.
c. The Chief of Police shall issue the permit within ten (10) days from the date of
filing of the application unless he finds that the application is incomplete or that the
applicant has been convicted of or spent time in jail or prison for an offense specified
in the applicable provisions of subsection (i)(1)j. within the time specified therein. If
the application is not granted, then the applicant shall be given written notice of the
grounds and of his right to provide a written response as provided by subsection
(o)(1), within ten (10) days from the date of filing of the application.
d. Each permit issued by the Chief of Police shall consist of either one (1) or two (2)
photographic identification cards.
1. Each employee of a sexually oriented business shall have an identification
card, called a personal card.
2. If a sexually oriented business is required by subsections (q)(7) or (x)(3) to
have an on-site manager, then each employee of such a business shall have a
second identification card, called an on-site card.
e. If the Chief of Police fails to issue or deny a permit application within the time
specified in subsection (2)c. above, then the applicant shall, upon written request, be
immediately issued a temporary permit which shall be valid until the third day after
the applicant is given notice of the decision of the Chief of Police.
f. If any personal card or on-site card is lost or stolen, the holder thereof shall
immediately notify the Chief of Police and request a replacement, which shall be
issued for a fee of thirty-five dollars ($35.00) within three (3) days following
verification of the identity of the holder.
g. No permit application shall be accepted nor shall a permit be issued to any person
who does not provide proof that he is at least eighteen (18) years old. Any permit
issued by virtue of any misrepresentation or error to any person under age eighteen
(18) shall be void.
h. The Chief of Police may obtain criminal history record information maintained by
the Texas Department of Public Safety from the Texas Department of Public Safety
for any person required to obtain a permit under this Section.
(3) Term, transfer, amendment.
a. A permit is valid for two (2) years from the date of its issuance.
Page 155 of 160
Pg. 212
b. A permit is personal to the named permit holder and is not valid for use by any
other person.
c. Each permit holder shall notify the Police department of his new address within
ten (10) days following any change of his address.
(4) Display.
a. Each manager or employee shall conspicuously display his personal card upon his
person at all times while acting as a manager or employee of a sexually oriented
business.
b. Each manager or employee who is required under this Section to have an on-site
card shall provide his on-site card to the manager or on-site manager in charge of the
sexually oriented business to hold while the manager or employee is on the premises.
c. In any prosecution under subsection (1) above, it shall be presumed that the actor
did not have a permit unless the permit was in display as required under subsection
(a) above.
(5) Revocation. In the event that the Chief of Police has reasonable grounds to believe
that any permit holder has been convicted of or spent time in jail or prison for an offense
as specified in the applicable provision of subsection (i)(1)j. within the time specified
therein, then the Chief of Police may revoke the permit under the procedures set out in
subsection 15.
(6) Appeals. If the Chief of Police is authorized to deny the issuance of a permit, or
revoke a permit as provided in this Section, the applicant or permittee may appeal the
decision of the Chief of Police in accordance with the procedures in subsection 15.
(aa) Defenses.
It is a defense to prosecution under subsections (e), (g), (r) and (u) that a person appearing in
a state of nudity or simulated nudity did so in a modeling class operated:
(1) By a proprietary school licensed by the state; a college, junior college, or university
supported entirely or partly by taxation;
(2) By a private college or university which maintains and operates educational
programs in which credits are transferrable to a college, junior college, or university
supported entirely or partly by taxation; or
(3) In a structure:
a. Which has no sign or other advertising visible from the exterior of the structure
indicating a nude or simulated nude person is available for viewing;
b. Where in order to participate in a class a student must enroll at least three (3) days
in advance of the class; and
c. Where no more than one nude or simulated nude model is on the premises at any
one time.
(bb) Location appeal board; exemptions from location restrictions.
Page 156 of 160
Pg. 213
(1) The Board of Adjustment shall serve as a location appeal board, and shall have the
power to rule on the appropriate disposition of applications for exemptions from the
location restrictions for sexually oriented businesses set forth in subsection (e). The
location appeal board shall follow the rules and procedures set forth in this subsection.
(2) If the Chief of Police denies the issuance of a license to an applicant because the
location of the sexually oriented business is in violation of subsection (e), then the
applicant may, not later than ten (10) calendar days after receiving notice of the denial,
file with the City Secretary a written request for an exemption from the location
restrictions.
(3) If the written request is filed with the City Secretary within the 10-day limit, the
location appeal board shall consider the request. The City Secretary shall set a date for
the hearing within sixty (60) days from the date the written request is received.
(4) The Location Appeal Board shall hear and consider evidence offered by any
interested person. The formal rules of evidence do not apply.
(5) The location appeal board may grant an exemption from the location restrictions of
subsection 5 if it makes the following findings:
a. That the location of the sexually oriented business will not have a detrimental
effect on nearby properties or be contrary to the public safety or welfare;
b. That the location of the sexually oriented business will not downgrade the property
values or quality of life in the adjacent areas or encourage the development of urban
blight;
c. That the location of the sexually oriented business in the area will not be contrary
to any program of neighborhood conservation nor will it interfere with any efforts of
urban renewal or restoration; and
d. That all other applicable provisions of this Section will be observed.
(6) In making the findings specified in subsection (bb)(5), the board shall take into
account, among other things:
a. Crime statistics of the location and its eight-hundred-foot radius, without regard to
city boundaries, maintained by the appropriate law enforcement agency for the
previous six-month period;
b. Parker County Appraisal District appraisals for the location and its one-thousandfoot radius, without regard to city boundaries, taking into account any decline or
increase in property values;
c. Vacancy rates of residential, commercial, or office space within the surrounding
one-thousand-foot radius, without regard to city boundaries; and
d. Any evidence regarding the award or denial of any public or private grants for
neighborhood conservation, urban renewal, or restoration for any property located
within a one-thousand-foot radius, without regard to city boundaries.
Page 157 of 160
Pg. 214
(7) The board shall grant or deny the exemption by a majority vote. Failure to reach a
majority vote approving the exemption shall result in denial of the exemption. Disputes
of fact shall be decided on the basis of a preponderance of the evidence. The decision of
the license appeal board is final.
(8) If the board grants the exemption, the exemption is valid for one (1) year from the
date of the board's action. Upon the expiration of an exemption, the sexually oriented
business is in violation of the locational restrictions of subsection 5 until the applicant
applies for and receives another exemption.
(9) If the board denies the exemption, the applicant may not reapply for an exemption
until at least twelve (12) months have elapsed since the date of the board's action.
(10) The grant of an exemption does not exempt the applicant from any provisions of
this Section other than the locational restrictions.
Chapter 6. Enforcement; Penalties
Sec. 12-6-1. Effect of interpretation.
The provisions of this Ordinance shall be held to the minimum requirements for the promotion of
the public safety, health, convenience, comfort, prosperity, and general welfare. It is not intended
by this Ordinance to interfere with or abrogate or annul any easements, covenants or other
agreements between parties, provided, however, that where this Ordinance imposes a greater
restriction upon the use of buildings or premises or upon height of buildings, or requires larger
open spaces than are imposed or required by agreements, the provisions of this Ordinance shall
govern.
Sec. 12-6-2. Preserving rights in pending litigation and violations under existing
ordinances.
By the adoption of this Ordinance, no presently illegal use shall be deemed to have been
legalized unless such use specifically falls within a use district where the actual use is a
permitted use. Otherwise, such use shall remain an illegal use. It is further the intent and
declared purpose of this Ordinance that no offense committed, and no liability, penalty, or
forfeiture, either civil or criminal, incurred prior to the time the prior zoning ordinance was
repealed and this Zoning Ordinance adopted, shall be discharged or affected by such repeal; but
prosecutions and suits for such offenses, liabilities, penalties, or forfeitures may be instituted or
causes presently pending proceeded with in all respects as if such prior ordinance had not been
repealed.
Sec. 12-6-3. Offenses, penalties, and enforcement procedures.
(a) Enforcement activities. The provisions of the Zoning Ordinance may be enforced by any
officers or employees of the City who are authorized to issue citations, including, but not
limited to employees of the Planning and Development department, Building Inspections
department, and Police department and their duly authorized designees. These authorized
persons shall have the right to enter upon any premises at any reasonable time for the purpose
of making inspection of structures or premises necessary to carry out the enforcement of this
Ordinance.
Page 158 of 160
Pg. 215
(b) Responsible parties. The owner or owners of any structure or premise or part thereof,
where anything in violation of this Ordinance shall be placed or shall exist, any architect,
builder, contractor, agent, person or corporation employed in connection therewith, and who
may have assisted in the commission of any such violation, shall be subject to prosecution for
violation of the provisions of this Ordinance and shall, upon conviction, be fined as herein
provided. As provided herein, the term “person” shall be defined to include any of the above
responsible parties.
(c) Offenses.
(1) A person commits an offense if he/she erects, constructs, reconstructs, alters, repairs,
converts or maintains a use or structure in violation of any applicable provision of this
Ordinance.
(2) A person commits an offense if he/she fails to maintain any property or structure in
accord with the applicable requirements of this Ordinance.
(3) A person commits an offense if he/she fails to cease and desist work after issuance
and notice of a “stop work” order duly issued by the Director of Planning and
Development, Building Official or other duly authorized officer or employee of the City.
Each and every day that a violation of this Ordinance continues shall constitute a distinct
and separate offense for which prosecution may be had.
(d) Fines and penalties. A person who violates any provision of this Ordinance shall be
punished, upon conviction, by a fine not to exceed two thousand dollars ($2,000.00).
(e) General remedies. The City may institute any appropriate action or proceedings to
prevent or abate any illegal activity under this Ordinance, including but not limited to
revocation of permits, removal of the illegal use or structure, and institution of legal action in
a court of competent jurisdiction.
(f) Stop work orders.
(1) Whenever any construction activity is being done contrary to any requirements of
this Ordinance or contrary to the terms of an approved permit, the Director of Planning
and Development, Building Official or other authorized officer or employee of the City
may order the work stopped by notice in writing, served on the property owner or
authorized agent. Notice shall be given before the order shall be effective, except when
the order must be effective immediately to protect and preserve the public health, safety,
or general welfare. Any person so notified of a stop work order shall immediately cease
and desist from further construction or work on the subject project, until corrected by
compliance and authorized by the Director of Planning and Development, Building
Official or other authorized officer or employee of the City to proceed with the work.
This effect and prohibition of a stop work order shall extend throughout any period of
appeal of the said order.
(2) The owner or authorized agent may appeal a stop work order to the Director of
Planning and Development or Building Official by giving written notice within five (5)
working days of the issuance of the stop work order. The Director of Planning and
Page 159 of 160
Pg. 216
Development or Building Official shall hear the appeal within five (5) working days of
receiving the notice of appeal.
(g) Municipal court actions. The City Attorney is authorized to prosecute violations of this
Ordinance in the Municipal Court of the City.
(h) Civil court actions. The City Attorney is authorized to file and prosecute an action at
law or in equity, where permitted under the laws of Texas, in a court of competent
jurisdiction to enforce the provisions of this Ordinance. Civil enforcement may include, but
is not limited to, seeking injunctive relief, civil penalties or an action for repair or demolition
of a structure. The initiation of one form of enforcement action by the City Attorney will not
preclude the City Attorney from initiating any other form of enforcement action or from
pursuing criminal prosecution of violations.
(i) Property owner’s right to bring suit. In addition to the City’s right to enforce any
provisions of this Ordinance, the right is hereby conferred and extended upon any property
owner owning property in any district, where such property owner may be affected or
invaded by a violation of the terms of this Ordinance, to bring suit in any court having
jurisdiction thereof and obtain such remedies as may be available at law and equity for the
protection of the rights of such property owners.
PASSED AND APPROVED by the City Council of the City of Weatherford, Texas on the ___
day of _______________, 20___.
TABLE INSET:
(City's Seal)
__________
Mayor
City of Weatherford, Texas
ATTEST:
_________
City Secretary
_________
City Attorney
Page 160 of 160
Pg. 217
AGENDA REPORT
Meeting Date:
Agenda Item:
December 14, 2010
RS-121410-09
Staff Contact:
E-mail:
Phone:
Janina Jewell
[email protected]
(817) 598-4220
SUBJECT: Consider all matters incident and related to the issuance and sale of "City of Weatherford, Texas,
General Obligation Refunding Bonds, Series 2010," including the adoption of an ordinance
authorizing the issuance of such bonds and providing for the redemption of the obligations being
refunded.
On May 23, 2005 the Weatherford City Council adopted Resolution R2005-07 that authorized the City Manager
to negotiate a "Pass Through Toll Agreement" with the Texas Department of Transportation. The project
expenditures associated with this agreement are currently estimated at $58,578,530. On May 1, 2007 the City
of Weatherford issued $46,490,000 in certificates of Obligation to cover the costs of these projects. Debt
proceeds actually totaled $46,688,180 after issuance costs. Original estimated expenses for the project were
significantly lower than actual expenses. The current difference is $11,890,350 between estimated costs and
funds available for the project. This difference has been discussed for several years. In September, City
Council took steps by adopting a budget that significantly reduced this difference by approving funds to be used
toward completion of these projects that included $352,624 from unused 2006 Certificates of Obligation,
$933,077 from unused 2007 General Obligation Bonds, $820,516 from unused 2008 Certificates of Obligation,
$500,000 from the Solid Waste Enterprise Fund (landfill royalties), and $1,000,000 from accumulated Capital
Project Funds (various sources including gas royalties and the landfill sale). Issuance of $8,400,000 of
Certificates of Obligation will allow the City to complete projects associated with this agreement.
Due to the delay in tax adjustments, construction, payments from the State on this project, and original
estimates not being achieved, restructuring of the original 2007 Certificates of Obligation will be necessary in
paying off all outstanding debt so to not require additional tax adjustments, given current projections. This
restructuring will extend the life of the debt which will better match the life of the assets as well as better match
repayment of debt with State of Texas repayment schedule. Final costs of this restructure cannot be calculated
until final prices are calculated on December 14, 2010.
FINANCIAL IMPACT
Such a restructuring of the original 2007 Certificates of Obligation is expected to have no effect on the interest
and sinking portion of the City's ad valorem tax rate, with current projections of State repayment schedules and
assess value increases. This restructure will increase the City's repayment of the debt from 2022 to 2027. Final
added interest will be discussed by Financial Advisors on December 14, 2010, after final pricing.
RS-121410-09
Page 1 of 2
Pg. 218
RECOMMENDATION
Consider and approve all matters incident and related to the issuance and sale of "City of Weatherford, Texas,
General Obligation Refunding Bonds, Series 2010," including the adoption of an ordinance authorizing the
issuance of such bonds and providing for the redemption of the obligations being refunded.
Attachments
• Ordinance 519-2010-57
RS-121410-09
Pg. 219
Page
2 of 2
ORDINANCE NO. ____-2010-_____
AN ORDINANCE authorizing the issuance of “CITY OF WEATHERFORD,
TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES
2010”; specifying the terms and features of said bonds; levying a
continuing direct annual ad valorem tax for the payment of said bonds;
providing for the redemption of certain outstanding obligations of the
City; and resolving other matters incident and related to the issuance, sale,
payment and delivery of said bonds, including the approval and execution
of a Paying Agent/Registrar Agreement, a Bond Purchase Agreement and
a Special Escrow Agreement and the approval and distribution of an
Official Statement; and providing an effective date.
WHEREAS, the City Council of the City of Weatherford, Texas (the “City”) has
heretofore issued, sold, and delivered, and there is currently outstanding obligations totaling in
original principal amount $24,030,000 of the following issue or series (hereinafter referred to as
the “Refunded Bonds”), to wit: City of Weatherford, Texas, Tax and Utility System (Limited
Pledge) Revenue Certificates of Obligation, Series 2007, dated May 1, 2007, being a portion of
the certificates of obligation scheduled to mature on March 1 in each of the years 2013 through
2021; and
WHEREAS, pursuant to the provisions of V.T.C.A., Government Code, Chapter 1207, as
amended, the City Council is authorized to issue refunding bonds and deposit the proceeds of
sale directly with the place of payment for the Refunded Bonds, or other authorized depository,
and such deposit, when made in accordance with said statute, shall constitute the making of firm
banking and financial arrangements for the discharge and final payment of the Refunded Bonds;
and
WHEREAS, the City Council hereby finds and determines that the Refunded Bonds
should be refunded at this time to restructure the debt service requirements of such Refunded
Bonds, and such refunding should be undertaken notwithstanding the aggregate amount of
payments to be made on the refunding bonds herein authorized exceeds the aggregate amount of
payments that would have been made on the Refunded Bonds had the refunding not occurred by
a maximum amount of $______ and results in a net present value cost of $_______; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEATHERFORD:
General
SECTION 1: Authorization – Designation - Principal Amount - Purpose.
obligation bonds of the City shall be and are hereby authorized to be issued in the aggregate
principal amount of $23,600,000 to be designated and bear the title “CITY OF
WEATHERFORD, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES
2010” (hereinafter referred to as the “Bonds”), for the purpose of providing funds for the
discharge and final payment of certain outstanding obligations of the City (identified in the
preamble hereof and referred to as the “Refunded Bonds”) and to pay costs of issuance, in
accordance with the Constitution and laws of the State of Texas, including V.T.C.A.,
Government Code, Chapter 1207, as amended.
90285463.2/11012034
Pg. 220
SECTION 2: Fully Registered Obligations - Bond Date -Authorized DenominationsStated Maturities-Interest Rates. The Bonds shall be issued as fully registered obligations only,
shall be dated December 1, 2010 (the “Bond Date”), shall be in denominations of $5,000 or any
integral multiple (within a Stated Maturity) thereof, and shall become due and payable on
March 1 in each of the years and in principal amounts (the “Stated Maturities”) and bear interest
at the rate(s) per annum in accordance with the following schedule:
Year of
Stated Maturity
Principal
Amount
Interest
Rate(s)
2022
2023
2024
2025
2026
2027
2028
$ _____
_____%
The Bonds shall bear interest on the unpaid principal amounts from the Bond Date at the
rate(s) per annum shown above in this Section (calculated on the basis of a 360-day year of
twelve 30-day months). Interest on the Bonds shall be payable on March 1 and September 1 in
each year, commencing September 1, 2011, until maturity or prior redemption.
SECTION 3: Terms of Payment-Paying Agent/Registrar. The principal of, premium, if
any, and the interest on the Bonds, due and payable by reason of maturity, redemption or
otherwise, shall be payable only to the registered owners or holders of the Bonds (hereinafter
called the “Holders”) appearing on the registration and transfer books maintained by the Paying
Agent/Registrar and the payment thereof shall be in any coin or currency of the United States of
America, which at the time of payment is legal tender for the payment of public and private
debts, and shall be without exchange or collection charges to the Holders.
The selection and appointment of U.S. Bank National Association, Dallas, Texas to serve
as Paying Agent/Registrar for the Bonds is hereby approved and confirmed. Books and records
relating to the registration, payment, transfer and exchange of the Bonds (the “Security
Register”) shall at all times be kept and maintained on behalf of the City by the Paying
Agent/Registrar, as provided herein and in accordance with the terms and provisions of a
“Paying Agent/Registrar Agreement”, substantially in the form attached hereto as Exhibit A, and
such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe.
The Mayor and City Secretary are authorized to execute and deliver such Agreement in
connection with the delivery of the Bonds. The City covenants to maintain and provide a Paying
Agent/Registrar at all times until the Bonds are paid and discharged, and any successor Paying
Agent/Registrar shall be a commercial bank, trust company, financial institution or other entity
qualified and authorized to serve in such capacity and perform the duties and services of Paying
Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Bonds, the City agrees
to promptly cause a written notice thereof to be sent to each Holder by United States Mail, first
class postage prepaid, which notice shall also give the address of the new Paying
Agent/Registrar.
90285463.2/11012034
2
Pg. 221
Principal of and premium, if any, on the Bonds shall be payable at the Stated Maturities
or the redemption thereof, only upon presentation and surrender of the Bonds to the Paying
Agent/Registrar at its designated offices initially in St. Paul, Minnesota or, with respect to a
successor Paying Agent/Registrar, at the designated offices of such successor (the “Designated
Payment/Transfer Office”). Interest on the Bonds shall be paid to the Holders whose name
appears in the Security Register at the close of business on the Record Date (the fifteenth day of
the month next preceding each interest payment date) and shall be paid by the Paying
Agent/Registrar (i) by check sent United States Mail, first class postage prepaid, to the address of
the Holder recorded in the Security Register or (ii) by such other method, acceptable to the
Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder. If the date for
the payment of the principal of or interest on the Bonds shall be a Saturday, Sunday, a legal
holiday, or a day when banking institutions in the city where the Designated Payment/Transfer
Office of the Paying Agent/Registrar is located are authorized by law or executive order to close,
then the date for such payment shall be the next succeeding day which is not such a Saturday,
Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on
such date shall have the same force and effect as if made on the original date payment was due.
In the event of a nonpayment of interest on a scheduled payment date, and for thirty (30)
days thereafter, a new record date for such interest payment (a “Special Record Date”) will be
established by the Paying Agent/Registrar, if and when funds for the payment of such interest
have been received from the City. Notice of the Special Record Date and of the scheduled
payment date of the past due interest (which shall be 15 days after the Special Record Date) shall
be sent at least five (5) business days prior to the Special Record Date by United States Mail,
first class postage prepaid, to the address of each Holder appearing on the Security Register at
the close of business on the last business day next preceding the date of mailing of such notice.
SECTION 4: Redemption.
(a)
Optional Redemption. The Bonds having Stated Maturities on and after March 1,
2021, shall be subject to redemption prior to maturity, at the option of the City, in whole or in
part in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated
Maturity by lot by the Paying Agent/Registrar), on March 1, 2020 or on any date thereafter at the
redemption price of par plus accrued interest to the date of redemption.
(b)
Exercise of Redemption Option. At least forty-five (45) days prior to a
redemption date for the Bonds (unless a shorter notification period shall be satisfactory to the
Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of the decision to
redeem Bonds, the principal amount of each Stated Maturity to be redeemed, and the date of
redemption therefor. The decision of the City to exercise the right to redeem Bonds shall be
entered in the minutes of the governing body of the City.
(c)
Selection of Bonds for Redemption. If less than all Outstanding Bonds of the
same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar shall
treat such Bonds as representing the number of Bonds Outstanding which is obtained by dividing
the principal amount of such Bonds by $5,000 and shall select the Bonds, or principal amount
thereof, to be redeemed within such Stated Maturity by lot.
90285463.2/11012034
3
Pg. 222
(d)
Notice of Redemption. Not less than thirty (30) days prior to a redemption date
for the Bonds, a notice of redemption shall be sent by United States Mail, first class postage
prepaid, in the name of the City and at the City’s expense, to each Holder of a Bond to be
redeemed in whole or in part at the address of the Holder appearing on the Security Register at
the close of business on the business day next preceding the date of mailing such notice, and any
notice of redemption so mailed shall be conclusively presumed to have been duly given
irrespective of whether received by the Holder.
All notices of redemption shall (i) specify the date of redemption for the Bonds,
(ii) identify the Bonds to be redeemed and, in the case of a portion of the principal amount to be
redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state
that the Bonds, or the portion of the principal amount thereof to be redeemed, shall become due
and payable on the redemption date specified, and the interest thereon, or on the portion of the
principal amount thereof to be redeemed, shall cease to accrue from and after the redemption
date, and (v) specify that payment of the redemption price for the Bonds, or the principal amount
thereof to be redeemed, shall be made at the Designated Payment/Transfer Office of the Paying
Agent/Registrar only upon presentation and surrender thereof by the Holder. If a Bond is subject
by its terms to prior redemption, and has been called for redemption, and notice of redemption
thereof has been duly given as hereinabove provided, such Bond (or the principal amount thereof
to be redeemed) shall become due and payable and interest thereon shall cease to accrue from
and after the redemption date therefor; provided moneys sufficient for the payment of such Bond
(or of the principal amount thereof to be redeemed) at the then applicable redemption price are
held for the purpose of such payment by the Paying Agent/Registrar.
(e)
Conditional Notice of Redemption. With respect to any optional redemption of
the Bonds, unless moneys sufficient to pay the principal of and premium, if any, and interest on
the Bonds to be redeemed shall have been received by the Paying Agent/Registrar prior to the
giving of such notice of redemption, such notice may state that said redemption is conditional
upon the receipt of such moneys by the Paying Agent/Registrar on or prior to the date fixed for
such redemption, or upon the satisfaction of any prerequisites set forth in such notice of
redemption; and, if sufficient moneys are not received, such notice shall be of no force and
effect, the City shall not redeem such Bonds and the Paying Agent/Registrar shall give notice, in
the manner in which the notice of redemption was given, to the effect that the Bonds have not
been redeemed.
SECTION 5: Registration - Transfer - Exchange of Bonds-Predecessor Bonds. The
Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and
address of each and every owner of the Bonds issued under and pursuant to the provisions of this
Ordinance, or if appropriate, the nominee thereof. Any Bond may be transferred or exchanged
for Bonds of other authorized denominations by the Holder, in person or by his duly authorized
agent, upon surrender of such Bond to the Paying Agent/Registrar to the Designated
Payment/Transfer Office for cancellation, accompanied by a written instrument of transfer or
request for exchange duly executed by the Holder or by his duly authorized agent, in form
satisfactory to the Paying Agent/Registrar.
Upon surrender of any Bond (other than the Initial Bond(s) referenced in Section 8
hereof) for transfer at the Designated Payment/Transfer Office of the Paying Agent/Registrar, the
90285463.2/11012034
4
Pg. 223
Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or
transferees, one or more new Bonds of authorized denominations and having the same Stated
Maturity and of a like aggregate principal amount as the Bond or Bonds surrendered for transfer.
At the option of the Holder, Bonds (other than the Initial Bond(s) referenced in Section 8
hereof) may be exchanged for other Bonds of authorized denominations and having the same
Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the
Bonds surrendered for exchange, upon surrender of the Bonds to be exchanged at the Designated
Payment/Transfer Office of the Paying Agent/Registrar. Whenever any Bonds are surrendered
for exchange, the Paying Agent/Registrar shall register and deliver new Bonds to the Holder
requesting the exchange.
All Bonds issued in any transfer or exchange of Bonds shall be delivered to the Holders
at the Designated Payment/Transfer Office of the Paying Agent/Registrar or sent by United
States Mail, first class, postage prepaid to the Holders, and, upon the registration and delivery
thereof, the same shall be the valid obligations of the City, evidencing the same obligation to
pay, and entitled to the same benefits under this Ordinance, as the Bonds surrendered in such
transfer or exchange.
All transfers or exchanges of Bonds pursuant to this Section shall be made without
expense or service charge to the Holder, except as otherwise herein provided, and except that the
Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange
of any tax or other governmental charges required to be paid with respect to such transfer or
exchange.
Bonds cancelled by reason of an exchange or transfer pursuant to the provisions hereof
are hereby defined to be “Predecessor Bonds,” evidencing all or a portion, as the case may be, of
the same obligation to pay evidenced by the new Bond or Bonds registered and delivered in the
exchange or transfer therefor. Additionally, the term “Predecessor Bonds” shall include any
mutilated, lost, destroyed, or stolen Bond for which a replacement Bond has been issued,
registered, and delivered in lieu thereof pursuant to the provisions of Section 11 hereof and such
new replacement Bond shall be deemed to evidence the same obligation as the mutilated, lost,
destroyed, or stolen Bond.
Neither the City nor the Paying Agent/Registrar shall be required to issue or transfer to an
assignee of a Holder any Bond called for redemption, in whole or in part, within 45 days of the
date fixed for the redemption of such Bond; provided, however, such limitation on transferability
shall not be applicable to an exchange by the Holder of the unredeemed balance of a Bond called
for redemption in part.
SECTION 6: Book-Entry-Only Transfers and Transactions.
Notwithstanding the
provisions contained in Sections 3, 4 and 5 hereof relating to the payment, and transfer/exchange
of the Bonds, the City hereby approves and authorizes the use of “Book-Entry-Only” securities
clearance, settlement and transfer system provided by The Depository Trust Company (DTC), a
limited purpose trust company organized under the laws of the State of New York, in accordance
with the operational arrangements referenced in the Blanket Issuer Letter of Representation, by
and between the City and DTC (the “Depository Agreement”).
90285463.2/11012034
5
Pg. 224
Pursuant to the Depository Agreement and the rules of DTC, the Bonds shall be
deposited with DTC who shall hold said Bonds for its participants (the “DTC Participants”).
While the Bonds are held by DTC under the Depository Agreement, the Holder of the Bonds on
the Security Register for all purposes, including payment and notices, shall be Cede & Co., as
nominee of DTC, notwithstanding the ownership of each actual purchaser or owner of each Bond
(the “Beneficial Owners”) being recorded in the records of DTC and DTC Participants.
In the event DTC determines to discontinue serving as securities depository for the Bonds
or otherwise ceases to provide book-entry clearance and settlement of securities transactions in
general or the City determines that DTC is incapable of properly discharging its duties as
securities depository for the Bonds, the City covenants and agrees with the Holders of the Bonds
to cause Bonds to be printed in definitive form and provide for the Bond certificates to be issued
and delivered to DTC Participants and Beneficial Owners, as the case may be. Thereafter, the
Bonds in definitive form shall be assigned, transferred and exchanged on the Security Register
maintained by the Paying Agent/Registrar and payment of such Bonds shall be made in
accordance with the provisions of Sections 3, 4 and 5 hereof.
SECTION 7: Execution - Registration. The Bonds shall be executed on behalf of the
City by the Mayor or Mayor Pro Tem under its seal reproduced or impressed thereon and
countersigned by the City Secretary. The signature of said officers on the Bonds may be manual
or facsimile. Bonds bearing the manual or facsimile signatures of individuals who are or were
the proper officers of the City on the Bond Date shall be deemed to be duly executed on behalf
of the City, notwithstanding that one or more of the individuals shall cease to hold such offices at
the time of delivery of the Bonds to the initial purchaser(s) and with respect to Bonds delivered
in subsequent exchanges and transfers, all as authorized and provided in V.T.C.A., Government
Code, Chapter 1201, as amended.
No Bond shall be entitled to any right or benefit under this Ordinance, or be valid or
obligatory for any purpose, unless there appears on such Bond either a certificate of registration
substantially in the form provided in Section 9(c), manually executed by the Comptroller of
Public Accounts of the State of Texas, or his duly authorized agent, or a certificate of registration
substantially in the form provided in Section 9(d), manually executed by an authorized officer,
employee or representative of the Paying Agent/Registrar, and either such certificate duly signed
upon any Bond shall be conclusive evidence, and the only evidence, that such Bond has been
duly certified, registered, and delivered.
SECTION 8: Initial Bond(s). The Bonds herein authorized shall be initially issued
either (i) as a single fully registered bond in the aggregate principal amount stated in Section 1
hereof with principal installments to become due and payable as provided in Section 2 hereof
and numbered T-1, or (ii) as multiple fully registered bonds, being one bond for each year of
maturity in the applicable principal amount and denomination and to be numbered consecutively
from T-1 and upward (hereinafter called the “Initial Bond(s)”) and, in either case, the Initial
Bond(s) shall be registered in the name of the initial purchaser(s) or the designee thereof. The
Initial Bond(s) shall be the Bonds submitted to the Office of the Attorney General of the State of
Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts
of the State of Texas and delivered to the initial purchaser(s). Any time after the delivery of the
Initial Bond(s), the Paying Agent/Registrar, pursuant to written instructions from the initial
90285463.2/11012034
6
Pg. 225
purchaser(s), or the designee thereof, shall cancel the Initial Bond(s) delivered hereunder and
exchange therefor definitive Bonds of authorized denominations, Stated Maturities, principal
amounts and bearing applicable interest rates for transfer and delivery to the Holders named at
the addresses identified therefor; all pursuant to and in accordance with such written instructions
from the initial purchaser(s), or the designee thereof, and such other information and
documentation as the Paying Agent/Registrar may reasonably require.
SECTION 9: Forms.
(a)
Forms Generally. The Bonds, the Registration Certificate of the Comptroller of
Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar,
and the form of Assignment to be printed on each of the Bonds, shall be substantially in the
forms set forth in this Section with such appropriate insertions, omissions, substitutions, and
other variations as are permitted or required by this Ordinance and may have such letters,
numbers, or other marks of identification (including identifying numbers and letters of the
Committee on Uniform Securities Identification Procedures of the American Bankers
Association) and such legends and endorsements (including insurance legends in the event the
Bonds, or any maturities thereof, are purchased with insurance and any reproduction of an
opinion of counsel) thereon as may, consistently herewith, be established by the City or
determined by the officers executing such Bonds as evidenced by their execution. Any portion
of the text of any Bonds may be set forth on the reverse thereof, with an appropriate reference
thereto on the face of the Bond.
The definitive Bonds and the Initial Bond(s) shall be printed, lithographed, or engraved,
typewritten, photocopied or otherwise reproduced in any other similar manner, all as determined
by the officers executing such Bonds as evidenced by their execution thereof.
(b)
Form of Definitive Bond.
REGISTERED
NO.______
REGISTERED
$___________
UNITED STATES OF AMERICA
STATE OF TEXAS
GENERAL OBLIGATION REFUNDING BOND
SERIES 2010
Bond Date:
December 1, 2010
Interest Rate:
_______%
Stated Maturity
March 1, 20____
CUSIP NO:
__________
Registered Owner:
Principal Amount:
The City of Weatherford (hereinafter referred to as the “City”), a body corporate and
municipal corporation in the County of Parker, State of Texas, for value received, acknowledges
90285463.2/11012034
7
Pg. 226
itself indebted to and hereby promises to pay to the registered owner named above, or the
registered assigns thereof (the “Registered Owner”), on the Stated Maturity date specified above
the Principal Amount hereinabove stated (or so much thereof as shall not have been paid upon
prior redemption) and to pay interest on the unpaid principal amount hereof from the interest
payment date next preceding the “Registration Date” of this Bond appearing below (unless this
Bond bears a “Registration Date” as of an interest payment date, in which case it shall bear
interest from such date, or unless the “Registration Date” of this Bond is prior to the initial
interest payment date in which case it shall bear interest from the Bond Date) at the per annum
rate of interest specified above computed on the basis of a 360-day year of twelve 30-day
months; such interest being payable on March 1 and September 1 in each year, commencing
September 1, 2011, until maturity or prior redemption. Principal of this Bond is payable at its
Stated Maturity or redemption to the registered owner hereof, upon presentation and surrender, at
the Designated Payment/Transfer Office of the Paying Agent/Registrar executing the registration
certificate appearing hereon, or its successor; provided, however, while this Bond is registered to
Cede & Co., the payment of principal upon a partial redemption of the principal amount hereof
may be accomplished without presentation and surrender of this Bond. Interest is payable to the
registered owner of this Bond (or one or more Predecessor Bonds, as defined in the Ordinance
hereinafter referenced) whose name appears on the “Security Register” maintained by the Paying
Agent/Registrar at the close of business on the “Record Date”, which is the fifteenth day of the
month next preceding each interest payment date, and interest shall be paid by the Paying
Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of
the registered owner recorded in the Security Register or by such other method, acceptable to the
Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. If the
date for the payment of the principal of or interest on the Bonds shall be a Saturday, Sunday, a
legal holiday, or a day when banking institutions in the city where the Designated
Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or
executive order to close, then the date for such payment shall be the next succeeding day which
is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to
close; and payment on such date shall have the same force and effect as if made on the original
date payment was due. All payments of principal of, premium, if any, and interest on this Bond
shall be without exchange or collection charges to the owner hereof and in any coin or currency
of the United States of America which at the time of payment is legal tender for the payment of
public and private debts.
This Bond is one of the series specified in its title issued in the aggregate principal
amount of $____________ (herein referred to as the “Bonds”) for the purpose of providing funds
for the discharge and final payment of certain outstanding obligations of the City, and to pay
costs of issuance, under and in strict conformity with the Constitution and laws of the State of
Texas and pursuant to an Ordinance adopted by the City Council of the City (herein referred to
as the “Ordinance”).
The Bonds maturing on and after March 1, 2021, may be redeemed prior to their Stated
Maturities, at the option of the City, in whole or in part in principal amounts of $5,000 or any
integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar),
on March 1, 2020, or on any date thereafter, at the redemption price of par, together with accrued
interest to the date of redemption.
90285463.2/11012034
8
Pg. 227
At least thirty days prior to any redemption date of the Bonds, the City shall cause a
written notice of such redemption to be sent by United States Mail, first class postage prepaid, to
the registered owners of each Bond to be redeemed at the address shown on the Security Register
and subject to the terms and provisions relating thereto contained in the Ordinance. If a Bond (or
any portion of its principal sum) shall have been duly called for redemption and notice of such
redemption duly given, then upon such redemption date such Bond (or the portion of its principal
sum to be redeemed) shall become due and payable, and interest thereon shall cease to accrue
from and after the redemption date therefor; provided moneys for the payment of the redemption
price and the interest on the principal amount to be redeemed to the date of redemption are held
for the purpose of such payment by the Paying Agent/Registrar.
In the event a portion of the principal amount of a Bond is to be redeemed and the
registered owner is someone other than Cede & Co., payment of the redemption price of such
principal amount shall be made to the registered owner only upon presentation and surrender of
such Bond to the Designated Payment/Transfer Office of the Paying Agent/Registrar, and a new
Bond or Bonds of like maturity and interest rate in any authorized denominations provided by
the Ordinance for the then unredeemed balance of the principal sum thereof will be issued to the
registered owner, without charge. If a Bond is selected for redemption, in whole or in part, the
City and the Paying Agent/Registrar shall not be required to transfer such Bond to an assignee of
the registered owner within 45 days of the redemption date therefor; provided, however, such
limitation on transferability shall not be applicable to an exchange by the Registered Owner of
the unredeemed balance of a Bond redeemed in part.
With respect to any optional redemption of the Bonds, unless moneys sufficient to pay
the principal of and premium, if any, and interest on the Bonds to be redeemed shall have been
received by the Paying Agent/Registrar prior to the giving of such notice of redemption, such
notice may state that said redemption is conditional upon the receipt of such moneys by the
Paying Agent/Registrar on or prior to the date fixed for such redemption, or upon the satisfaction
of any prerequisites set forth in such notice of redemption; and, if sufficient moneys are not
received, such notice shall be of no force and effect, the City shall not redeem such Bonds and
the Paying Agent/Registrar shall give notice, in the manner in which the notice of redemption
was given, to the effect that the Bonds have not been redeemed.
The Bonds are payable from the proceeds of an ad valorem tax levied, within the
limitations prescribed by law, upon all taxable property in the City. Reference is hereby made to
the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the
Paying Agent/Registrar, and to all of the provisions of which the owner or holder of this Bond by
the acceptance hereof hereby assents, for definitions of terms; the description of and the nature
and extent of the tax levied for the payment of the Bonds; the terms and conditions relating to the
transfer or exchange of this Bond; the conditions upon which the Ordinance may be amended or
supplemented with or without the consent of the Holders; the rights, duties, and obligations of
the City and the Paying Agent/Registrar; the terms and provisions upon which this Bond may be
discharged at or prior to its maturity or redemption, and deemed to be no longer Outstanding
thereunder; and for other terms and provisions contained therein. Capitalized terms used herein
have the meanings assigned in the Ordinance.
90285463.2/11012034
9
Pg. 228
This Bond, subject to certain limitations contained in the Ordinance, may be transferred
on the Security Register only upon its presentation and surrender at the Designated
Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly
endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the
Paying Agent/Registrar duly executed by, the registered owner hereof, or his duly authorized
agent. When a transfer on the Security Register occurs, one or more new fully registered Bonds
of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and
of the same aggregate principal amount will be issued by the Paying Agent/Registrar to the
designated transferee or transferees.
The City and the Paying Agent/Registrar, and any agent of either, shall treat the
registered owner whose name appears on the Security Register (i) on the Record Date as the
owner entitled to payment of interest hereon, (ii) on the date of surrender of this Bond as the
owner entitled to payment of principal hereof at its Stated Maturity or its redemption, in whole or
in part, and (iii) on any other date as the owner for all other purposes, and neither the City nor the
Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. In the
event of nonpayment of interest on a scheduled payment date and for thirty (30) days thereafter,
a new record date for such interest payment (a “Special Record Date”) will be established by the
Paying Agent/Registrar, if and when funds for the payment of such interest have been received
from the City. Notice of the Special Record Date and of the scheduled payment date of the past
due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5)
business days prior to the Special Record Date by United States Mail, first class postage prepaid,
to the address of each Holder appearing on the Security Register at the close of business on the
last business day next preceding the date of mailing of such notice.
It is hereby certified, recited, represented and declared that the City is a body corporate
and political subdivision duly organized and legally existing under and by virtue of the
Constitution and laws of the State of Texas; that the issuance of the Bonds is duly authorized by
law; that all acts, conditions and things required to exist and be done precedent to and in the
issuance of the Bonds to render the same lawful and valid obligations of the City have been
properly done, have happened and have been performed in regular and due time, form and
manner as required by the Constitution and laws of the State of Texas, and the Ordinance; that
the Bonds do not exceed any Constitutional or statutory limitation; and that due provision has
been made for the payment of the principal of and interest on the Bonds by the levy of a tax as
aforestated. In case any provision in this Bond shall be invalid, illegal, or unenforceable, the
validity, legality, and enforceability of the remaining provisions shall not in any way be affected
or impaired thereby. The terms and provisions of this Bond and the Ordinance shall be
construed in accordance with and shall be governed by the laws of the State of Texas.
IN WITNESS WHEREOF, the City Council of the City has caused this Bond to be duly
executed under the official seal of the City as of the Bond Date.
____________________________________
Mayor
90285463.2/11012034
10
Pg. 229
COUNTERSIGNED:
___________________________________
City Secretary
(SEAL)
(c)
Form of Registration Certificate of Comptroller of Public Accounts to appear on
Initial Bond(s) only.
REGISTRATION CERTIFICATE OF
COMPTROLLER OF PUBLIC ACCOUNTS
OFFICE OF THE COMPTROLLER
)
)
)
)
)
OF PUBLIC ACCOUNTS
THE STATE OF TEXAS
REGISTER NO. _____________
I HEREBY CERTIFY that this Bond has been examined, certified as to validity and
approved by the Attorney General of the State of Texas, and duly registered by the Comptroller
of Public Accounts of the State of Texas.
WITNESS my signature and seal of office this __________________________.
_____________________________________
Comptroller of Public Accounts
of the State of Texas
(SEAL)
(d)
Form of Certificate of Paying Agent/Registrar to appear on Definitive Bonds
only.
REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR
This Bond has been duly issued and registered under the provisions of the withinmentioned Ordinance; the bond or bonds of the above entitled and designated series originally
delivered having been approved by the Attorney General of the State of Texas and registered by
the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar.
The designated offices of the Paying Agent/Registrar in St. Paul, Minnesota is the
“Designated Payment/Transfer Office” for this Bond.
U.S. BANK NATIONAL ASSOCIATION,
Dallas, Texas, as Paying Agent/Registrar
90285463.2/11012034
11
Pg. 230
Registration date:
____________________________
By ___________________________________
Authorized Signature
(e)
Form of Assignment.
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print
or typewrite name, address, and zip code of transferee):_______________________
____________________________________________________________________________
____________________________________________________________________________
(Social Security or other identifying number____________________________) the within
Bond and all rights thereunder, and hereby irrevocably constitutes and appoints
____________________________________________________________________________
attorney to transfer the within Bond on the books kept for registration thereof, with full power
of substitution in the premises.
DATED:
______________________
Signature guaranteed:
__________________________
NOTICE: The signature on this
assignment must correspond with the
name of the registered owner as it appears
on the face of the within Bond in every
particular.
(f)
The Initial Bond(s) shall be in the form set forth in paragraph (b) of this Section,
except that the form of the single fully registered Initial Bond shall be modified as follows:
REGISTERED
NO. T-1
REGISTERED
$__________
STATE OF TEXAS
GENERAL OBLIGATION REFUNDING BOND
SERIES 2010
Bond Date: December 1, 2010
Registered Owner
__________________________________
Principal Amount:
______________________________________ DOLLARS
90285463.2/11012034
12
Pg. 231
itself indebted to and hereby promises to pay to the registered owner named above, or the
registered assigns thereof (the “Registered Owner”), the Principal Amount hereinabove stated on
March 1 in each of the years and in principal installments in accordance with the following
schedule:
STATED
MATURITY
PRINCIPAL
INSTALLMENTS
INTEREST
RATE
(Information to be inserted from schedule in Section 2 hereof).
(or so much principal thereof as shall not have been prepaid prior to maturity) and to pay interest
on the unpaid principal installments hereof from the interest payment date next preceding the
“Registration Date” of this Bond appearing below (unless this Bond bears a “Registration Date”
as of an interest payment date, in which case it shall bear interest from such date, or unless the
“Registration Date” of this Bond is prior to the initial interest payment date in which case it shall
bear interest from the Bond Date) at the per annum rates of interest specified above computed on
the basis of a 360-day year of twelve 30-day months; such interest being payable on March 1 and
September 1 in each year, commencing September 1, 2011, until maturity or prior redemption.
Principal installments of this Bond are payable on the Stated Maturity dates or on a prepayment
date to the registered owner hereof by U.S. Bank National Association, Dallas, Texas (the
“Paying Agent/Registrar”), upon its presentation and surrender, at its designated offices in St.
Paul, Minnesota (the “Designated Payment/Transfer Office”). Interest is payable to the
registered owner of this Bond whose name appears on the “Security Register” maintained by the
Paying Agent/Registrar at the close of business on the “Record Date”, which is the fifteenth day
of the month next preceding each interest payment date, and interest shall be paid by the Paying
Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of
the registered owner recorded in the Security Register or by such other method, acceptable to the
Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. If the
date for the payment of the principal of or interest on the Bonds shall be a Saturday, Sunday, a
legal holiday, or a day when banking institutions in the city where the Designated
Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or
executive order to close, then the date for such payment shall be the next succeeding day which
is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to
close; and payment on such date shall have the same force and effect as if made on the original
date payment was due. All payments of principal of, premium, if any, and interest on this Bond
shall be without exchange or collection charges to the owner hereof and in any coin or currency
of the United States of America which at the time of payment is legal tender for the payment of
public and private debts.
SECTION 10: Levy of Taxes. To provide for the payment of the “Debt Service
Requirements” of the Bonds, being (i) the interest on the Bonds and (ii) a sinking fund for their
payment at maturity or redemption or a sinking fund of 2% (whichever amount is the greater),
there is hereby levied, and there shall be annually assessed and collected in due time, form, and
manner, a tax on all taxable property in the City, within the limitations prescribed by law, and
such tax hereby levied on each one hundred dollars’ valuation of taxable property in the City for
90285463.2/11012034
13
Pg. 232
the Debt Service Requirements of the Bonds shall be at a rate from year to year as will be ample
and sufficient to provide funds each year to pay the principal of and interest on said Bonds while
Outstanding; full allowance being made for delinquencies and costs of collection; separate books
and records relating to the receipt and disbursement of taxes levied, assessed and collected for
and on account of the Bonds shall be kept and maintained by the City at all times while the
Bonds are Outstanding, and the taxes collected for the payment of the Debt Service
Requirements on the Bonds shall be deposited to the credit of a “Special 2010 Bond Account”
(the “Interest and Sinking Fund”) maintained on the records of the City and deposited in a
special fund maintained at an official depository of the City’s funds; and such tax hereby levied,
and to be assessed and collected annually, is hereby pledged to the payment of the Bonds.
The Mayor, Mayor Pro Tem, City Manager, Assistant City Manager, Chief Financial
Officer and City Secretary of the City, individually or jointly, are hereby authorized and directed
to cause to be transferred to the Paying Agent/Registrar for the Bonds, from funds on deposit in
the Interest and Sinking Fund, amounts sufficient to fully pay and discharge promptly each
installment of interest and principal of the Bonds as the same accrues or matures or comes due
by reason of redemption prior to maturity; such transfers of funds to be made in such manner as
will cause collected funds to be deposited with the Paying Agent/Registrar on or before each
principal and interest payment date for the Bonds.
SECTION 11: Mutilated-Destroyed-Lost and Stolen Bonds. In case any Bond shall be
mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a
replacement Bond of like form and tenor, and in the same denomination and bearing a number
not contemporaneously outstanding, in exchange and substitution for such mutilated Bond, or in
lieu of and in substitution for such destroyed, lost or stolen Bond, only upon the approval of the
City and after (i) the filing by the Holder thereof with the Paying Agent/Registrar of evidence
satisfactory to the Paying Agent/Registrar of the destruction, loss or theft of such Bond, and of
the authenticity of the ownership thereof and (ii) the furnishing to the Paying Agent/Registrar of
indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar
harmless. All expenses and charges associated with such indemnity and with the preparation,
execution and delivery of a replacement Bond shall be borne by the Holder of the Bond
mutilated, or destroyed, lost or stolen.
Every replacement Bond issued pursuant to this Section shall be a valid and binding
obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all
other Outstanding Bonds; notwithstanding the enforceability of payment by anyone of the
destroyed, lost, or stolen Bonds.
The provisions of this Section are exclusive and shall preclude (to the extent lawful) all
other rights and remedies with respect to the replacement and payment of mutilated, destroyed,
lost or stolen Bonds.
SECTION 12: Satisfaction of Obligation of City. If the City shall pay or cause to be
paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and
interest on the Bonds, at the times and in the manner stipulated in this Ordinance, then the pledge
of taxes levied under this Ordinance and all covenants, agreements, and other obligations of the
City to the Holders shall thereupon cease, terminate, and be discharged and satisfied.
90285463.2/11012034
14
Pg. 233
Bonds or any principal amount(s) thereof shall be deemed to have been paid within the
meaning and with the effect expressed above in this Section when (i) money sufficient to pay in
full such Bonds or the principal amount(s) thereof at maturity or to the redemption date therefor,
together with all interest due thereon, shall have been irrevocably deposited with and held in trust
by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities
shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized
escrow agent, which Government Securities have been certified by an independent accounting
firm to mature as to principal and interest in such amounts and at such times as will insure the
availability, without reinvestment, of sufficient money, together with any moneys deposited
therewith, if any, to pay when due the principal of and interest on such Bonds, or the principal
amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has
been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying
Agent/Registrar have been made) the redemption date thereof. The City covenants that no
deposit of moneys or Government Securities will be made under this Section and no use made of
any such deposit which would cause the Bonds to be treated as “arbitrage bonds” within the
meaning of Section 148 of the Internal Revenue Code of 1986, as amended, or regulations
adopted pursuant thereto.
Any moneys so deposited with the Paying Agent/Registrar, or an authorized escrow
agent, and all income from Government Securities held in trust by the Paying Agent/Registrar, or
an authorized escrow agent, pursuant to this Section which is not required for the payment of the
Bonds, or any principal amount(s) thereof, or interest thereon with respect to which such moneys
have been so deposited shall be remitted to the City or deposited as directed by the City.
Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of
and interest on the Bonds and remaining unclaimed for a period of three (3) years after the Stated
Maturity or applicable redemption date of the Bonds (for which such moneys were deposited and
are held in trust to pay) shall upon the request of the City be remitted to the City against a written
receipt therefor. Notwithstanding the above and foregoing, any remittance of funds from the
Paying Agent/Registrar to the City shall be subject to any applicable unclaimed property laws of
the State of Texas.
The term “Government Securities”, as used herein, shall mean (i) direct noncallable
obligations of the United States of America, including obligations the principal of and interest on
which are unconditionally guaranteed by the United States of America, (ii) noncallable
obligations of an agency or instrumentality of the United States, including obligations
unconditionally guaranteed or insured by the agency or instrumentality and on the date of their
acquisition or purchase by the City are rated as to investment quality by a nationally recognized
investment rating firm not less than AAA or its equivalent and (iii) noncallable obligations of a
state or an agency or a county, municipality, or other political subdivision of a state that have
been refunded and on the date of their acquisition or purchase by the City, are rated as to
investment quality by a nationally recognized investment rating firm not less than AAA or its
equivalent.
SECTION 13: Ordinance a Contract - Amendments - Outstanding Bonds.
This
Ordinance shall constitute a contract with the Holders from time to time, be binding on the City,
and shall not be amended or repealed by the City so long as any Bond remains Outstanding
except as permitted in this Section and in Section 29 hereof. The City may, without the consent
90285463.2/11012034
15
Pg. 234
of or notice to any Holders, from time to time and at any time, amend this Ordinance in any
manner not detrimental to the interests of the Holders, including the curing of any ambiguity,
inconsistency, or formal defect or omission herein. In addition, the City may, with the consent of
Holders holding a majority in aggregate principal amount of the Bonds then Outstanding, amend,
add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of
all Holders of Outstanding Bonds, no such amendment, addition, or rescission shall (1) extend
the time or times of payment of the principal of, premium, if any, and interest on the Bonds,
reduce the principal amount thereof, the redemption price therefor, or the rate of interest thereon,
or in any other way modify the terms of payment of the principal of, premium, if any, or interest
on the Bonds, (2) give any preference to any Bond over any other Bond, or (3) reduce the
aggregate principal amount of Bonds required to be held by Holders for consent to any such
amendment, addition, or rescission.
The term “Outstanding” when used in this Ordinance with respect to Bonds means, as of
the date of determination, all Bonds theretofore issued and delivered under this Ordinance,
except:
(1)
those Bonds cancelled by the Paying Agent/Registrar or delivered
to the Paying Agent/Registrar for cancellation;
(2)
those Bonds deemed to be duly paid by the City in accordance with
the provisions of Section 12 hereof; and
(3)
those mutilated, destroyed, lost, or stolen Bonds which have been
replaced with Bonds registered and delivered in lieu thereof as provided in
Section 11 hereof.
SECTION 14: Covenants to Maintain Tax-Exempt Status.
(a)
Definitions.
following meanings:
When used in this Section 14, the following terms have the
“Closing Date” means the date on which the Bonds are first authenticated
and delivered to the initial purchasers against payment therefor.
“Code” means the Internal Revenue Code of 1986, as amended by all
legislation, if any, effective on or before the Closing Date.
“Computation Date” has the meaning set forth in Section 1.148-1(b) of the
Regulations.
“Gross Proceeds” means any proceeds as defined in Section 1.148-1(b) of
the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of
the Regulations, of the Bonds.
“Investment” has the meaning set forth in Section 1.148-1(b) of the
Regulations.
90285463.2/11012034
16
Pg. 235
“Nonpurpose Investment” means any investment property, as defined in
Section 148(b) of the Code, in which Gross Proceeds of the Bonds are invested
and which is not acquired to carry out the governmental purposes of the Bonds.
“Rebate Amount” has the meaning set forth in Section 1.148-1(b) of the
Regulations.
“Regulations” means any proposed, temporary, or final Income Tax
Regulations issued pursuant to Sections 103 and 141 through 150 of the Code,
and 103 of the Internal Revenue Code of 1954, which are applicable to the Bonds.
Any reference to any specific Regulation shall also mean, as appropriate, any
proposed, temporary or final Income Tax Regulation designed to supplement,
amend or replace the specific Regulation referenced.
“Yield” of (1) any Investment has the meaning set forth in Section 1.1485 of the Regulations and (2) the Bonds has the meaning set forth in Section
1.148-4 of the Regulations.
(b)
Not to Cause Interest to Become Taxable. The City shall not use, permit the use
of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition,
construction or improvement of which is to be financed directly or indirectly with Gross
Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any
Bond to become includable in the gross income, as defined in Section 61 of the Code, of the
owner thereof for federal income tax purposes. Without limiting the generality of the foregoing,
unless and until the City receives a written opinion of counsel nationally recognized in the field
of municipal bond law to the effect that failure to comply with such covenant will not adversely
affect the exemption from federal income tax of the interest on any Bond, the City shall comply
with each of the specific covenants in this Section.
(c)
No Private Use or Private Payments. Except as permitted by Section 141 of the
Code and the Regulations and rulings thereunder, the City shall at all times prior to the last
Stated Maturity of Bonds:
(1)
exclusively own, operate and possess all property the acquisition,
construction or improvement of which is to be financed or refinanced directly or
indirectly with Gross Proceeds of the Bonds (including property financed with
Gross Proceeds of the Refunded Bonds), and not use or permit the use of such
Gross Proceeds (including all contractual arrangements with terms different than
those applicable to the general public) or any property acquired, constructed or
improved with such Gross Proceeds in any activity carried on by any person or
entity (including the United States or any agency, department and instrumentality
thereof) other than a state or local government, unless such use is solely as a
member of the general public; and
(2)
not directly or indirectly impose or accept any charge or other
payment by any person or entity who is treated as using Gross Proceeds of the
Bonds or any property the acquisition, construction or improvement of which is to
90285463.2/11012034
17
Pg. 236
be financed or refinanced directly or indirectly with such Gross Proceeds
(including property financed with Gross Proceeds of the Refunded Bonds), other
than taxes of general application within the City or interest earned on investments
acquired with such Gross Proceeds pending application for their intended
purposes.
(d)
No Private Loan. Except to the extent permitted by Section 141 of the Code and
the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds to
make or finance loans to any person or entity other than a state or local government. For
purposes of the foregoing covenant, such Gross Proceeds are considered to be “loaned” to a
person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is
sold or leased to such person or entity in a transaction which creates a debt for federal income tax
purposes; (2) capacity in or service from such property is committed to such person or entity
under a take-or-pay, output or similar contract or arrangement; or (3) indirect benefits, or
burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed
or improved with such Gross Proceeds are otherwise transferred in a transaction which is the
economic equivalent of a loan.
(e)
Not to Invest at Higher Yield. Except to the extent permitted by Section 148 of
the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the
final Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment
(or use Gross Proceeds to replace money so invested), if as a result of such investment the Yield
from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced
thereby), whether then held or previously disposed of, exceeds the Yield of the Bonds.
(f)
Not Federally Guaranteed. Except to the extent permitted by Section 149(b) of
the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any
action which would cause the Bonds to be federally guaranteed within the meaning of Section
149(b) of the Code and the Regulations and rulings thereunder.
(g)
Information Report. The City shall timely file the information required by
Section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other
form and in such place as the Secretary may prescribe.
(h)
Rebate of Arbitrage Profits. Except to the extent otherwise provided in Section
148(f) of the Code and the Regulations and rulings thereunder:
(1)
The City shall account for all Gross Proceeds (including all
receipts, expenditures and investments thereof) on its books of account separately
and apart from all other funds (and receipts, expenditures and investments
thereof) and shall retain all records of accounting for at least six years after the
day on which the last outstanding Bond is discharged. However, to the extent
permitted by law, the City may commingle Gross Proceeds of the Bonds with
other money of the City, provided that the City separately accounts for each
receipt and expenditure of Gross Proceeds and the obligations acquired therewith.
90285463.2/11012034
18
Pg. 237
(2)
Not less frequently than each Computation Date, the City shall
calculate the Rebate Amount in accordance with rules set forth in Section 148(f)
of the Code and the Regulations and rulings thereunder. The City shall maintain
such calculations with its official transcript of proceedings relating to the issuance
of the Bonds until six years after the final Computation Date.
(3)
As additional consideration for the purchase of the Bonds by the
Purchasers and the loan of the money represented thereby and in order to induce
such purchase by measures designed to insure the excludability of the interest
thereon from the gross income of the owners thereof for federal income tax
purposes, the City shall pay to the United States out of its general fund, other
appropriate fund, or, if permitted by applicable Texas statute, regulation or
opinion of the Attorney General of the State of Texas, the Interest and Sinking
Fund, the amount that when added to the future value of previous rebate payments
made for the Bonds equals (i) in the case of a Final Computation Date as defined
in Section 1.148-3(e)(2) of the Regulations, one hundred percent (100%) of the
Rebate Amount on such date; and (ii) in the case of any other Computation Date,
ninety percent (90%) of the Rebate Amount on such date. In all cases, the rebate
payments shall be made at the times, in the installments, to the place and in the
manner as is or may be required by Section 148(f) of the Code and the
Regulations and rulings thereunder, and shall be accompanied by Form 8038-T or
such other forms and information as is or may be required by Section 148(f) of
the Code and the Regulations and rulings thereunder.
(4)
The City shall exercise reasonable diligence to assure that no errors
are made in the calculations and payments required by paragraphs (2) and (3), and
if an error is made, to discover and promptly correct such error within a
reasonable amount of time thereafter (and in all events within one hundred eighty
(180) days after discovery of the error), including payment to the United States of
any additional Rebate Amount owed to it, interest thereon, and any penalty
imposed under Section 1.148 3(h) of the Regulations.
(i)
Not to Divert Arbitrage Profits. Except to the extent permitted by Section 148 of
the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the
earlier of the Stated Maturity or final payment of the Bonds, enter into any transaction that
reduces the amount required to be paid to the United States pursuant to Subsection (h) of this
Section because such transaction results in a smaller profit or a larger loss than would have
resulted if the transaction had been at arm’s length and had the Yield of the Bonds not been
relevant to either party.
(j)
Elections. The City hereby directs and authorizes the Mayor, Mayor Pro Tem,
City Manager, Assistant City Manager, Chief Financial Officer or City Secretary, individually or
jointly, to make elections permitted or required pursuant to the provisions of the Code or the
Regulations, as they deem necessary or appropriate in connection with the Bonds, in the
Certificate as to Tax Exemption or similar or other appropriate certificate, form or document.
90285463.2/11012034
19
Pg. 238
(k)
Bonds Not Hedge Bonds. (1) At the time the original bonds refunded by the
Bonds were issued, the City reasonably expected to spend at least 85% of the spendable proceeds
of such bonds within three years after such bonds were issued and (2) not more than 50% of the
proceeds of the original bonds refunded by the Bonds were invested in Nonpurpose Investments
having a substantially guaranteed Yield for a period of 4 years or more.
(l)
Qualified Advance Refunding. The Bonds are being issued to refund the
Refunded Bonds and will be issued more than 90 days before the redemption of such Refunded
Bonds. The City represents as follows:
(1)
The Bonds are the first advance refunding of the Refunded Bonds,
within the meaning of Section 149(d)(3) of the Code.
(2)
The Refunded Bonds are being called for redemption, and will be
redeemed not later than the earliest date on which such bonds may be redeemed.
(3)
The initial temporary period under Section 148(c) of the Code will
end: (i) with respect to the proceeds of the Bonds not later than 30 days after the
date of issue of such Bonds; and (ii) with respect to proceeds of the Refunded
Bonds on the Closing Date if not ended prior thereto.
(4)
On and after the date of issue of the Bonds, no proceeds of the
Refunded Bonds will be invested in Nonpurpose Investments having a Yield in
excess of the Yield on such respective series of Refunded Bonds.
(5)
The Bonds are being issued for the purposes stated in the preamble
of this Ordinance. There is not a present value savings associated with the
refunding. In the issuance of the Bonds the City has neither: (i) overburdened the
tax-exempt bond market by issuing more bonds, issuing bonds earlier or allowing
bonds to remain outstanding longer than reasonably necessary to accomplish the
governmental purposes for which the Bonds were issued; (ii) employed on
“abusive arbitrage device” within the meaning of Section 1.148-10(a) of the
Regulations; nor (iii) employed a “device” to obtain a material financial
advantage based on arbitrage, within the meaning of Section 149(d)(4) of the
Code.
(m)
Qualified Tax-Exempt Obligations. In accordance with the provisions of
paragraph (3) of subsection (b) of Section 265 of the Code, the City hereby designates the Bonds
to be “qualified tax-exempt obligations” in that the Bonds are not “private activity bonds” as
defined in the Code and represents the amount of “tax-exempt obligations” (excluding private
activity bonds) to be issued by the City (including all subordinate entities of the City) for the
calendar year 2010 will not exceed $30,000,000.
SECTION 15: Sale of Bonds-Official Statement Approval. The Bonds authorized by this
Ordinance are hereby sold by the City to Morgan Keegan & Company, Inc., Raymond James &
Associates, Inc., Baird and Southwest Securities, Inc. (collectively herein referred to as the
“Underwriters”) in accordance with the [Bond Purchase Agreement], dated December 14, 2010,
attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for
90285463.2/11012034
20
Pg. 239
all purposes. The Mayor or Mayor Pro Tem is hereby authorized and directed to execute said
Bond Purchase Agreement for and on behalf of the City and as the act and deed of this City
Council, and in regard to the approval and execution of the Bond Purchase Agreement, the City
Council hereby finds, determines and declares that the representations, warranties and
agreements of the City contained in the Bond Purchase Agreement are true and correct in all
material respects and shall be honored and performed by the City.
Furthermore, the use of the Preliminary Official Statement by the Underwriters in
connection with the public offering and sale of the Bonds is hereby ratified, confirmed and
approved in all respects. The final Official Statement, which reflects the terms of sale (together
with such changes approved by the Mayor, Mayor Pro Tem, City Manager, Assistant City
Manager, Chief Financial Officer or City Secretary, one or more of said officials), shall be and is
hereby in all respects approved and the Underwriters are hereby authorized to use and distribute
said final Official Statement, dated December 14, 2010, in the reoffering, sale and delivery of the
Bonds to the public. The Mayor and City Secretary are further authorized and directed to
manually execute and deliver for and on behalf of the City copies of said Official Statement in
final form as may be required by the Underwriters, and such final Official Statement in the form
and content manually executed by said officials shall be deemed to be approved by the City
Council and constitute the Official Statement authorized for distribution and use by the
Underwriters.
SECTION 16: Special Escrow Agreement Approval and Execution. The “Special
Escrow Agreement” (the “Agreement”) by and between the City and U.S. Bank National
Association, Dallas, Texas (the “Escrow Agent”), attached hereto as Exhibit C and incorporated
herein by reference as a part of this Ordinance for all purposes, is hereby approved as to form
and content, and such Agreement in substantially the form and substance attached hereto,
together with such changes or revisions as may be necessary to accomplish the refunding or
benefit the City, is hereby authorized to be executed by the Mayor or Mayor Pro Tem and City
Secretary for and on behalf of the City and as the act and deed of this City Council; and such
Agreement as executed by said officials shall be deemed approved by the City Council and
constitute the Agreement herein approved.
Furthermore, appropriate officials of the City in cooperation with the Escrow Agent are
hereby authorized and directed to make the necessary arrangements for the purchase of the
escrowed securities referenced in the Agreement and the delivery thereof to the Escrow Agent on
the day of delivery of the Bonds to the Underwriters for deposit to the credit of the “SPECIAL
2010 CITY OF WEATHERFORD, TEXAS, REFUNDING BOND ESCROW FUND” (the
“Escrow Fund”); all as contemplated and provided in V.T.C.A., Government Code, Chapter
1207, as amended, this Ordinance and the Agreement.
SECTION 17: Control and Custody of Bonds. The Mayor of the City shall be and is
hereby authorized to take and have charge of all necessary orders and records pending
investigation by the Attorney General of the State of Texas, including the printing and supply of
definitive Bonds, and shall take and have charge and control of the Initial Bond(s) pending the
approval thereof by the Attorney General, the registration thereof by the Comptroller of Public
Accounts and the delivery thereof to the Underwriters.
90285463.2/11012034
21
Pg. 240
SECTION 18: Proceeds of Sale. Immediately following the delivery of the Bonds,
proceeds of sale in the sum of (i) $_______ shall be deposited to the credit of the Escrow Fund
and (ii) $_____ shall be deposited to the credit of the Interest and Sinking Fund. The balance of
the proceeds of sale of the Bonds shall be expended to pay costs of issuance and any excess
amount budgeted for such purpose shall be deposited to the credit of the Interest and Sinking
Fund.
[On or prior to the date of the delivery of the Bonds, the Chief Financial Officer or other
appropriate official, shall cause to be transferred in immediately available funds to the Escrow
Agent from moneys on deposit in the interest and sinking fund maintained for the payment of the
Refunded Bonds the sum of $______ to accomplish the refunding.]
SECTION 19: Redemption of Refunded Bonds.
(a)
The Refunded Bonds shall be redeemed and the same are hereby called for
redemption on March 1, 2012, at the price of par and accrued interest to the date of redemption.
The City Secretary is hereby authorized and directed to file a copy of this Ordinance, together
with a suggested form of notice of redemption to be sent to bondholders, with U.S. Bank
National Association, in accordance with the redemption provisions applicable to such bonds;
such suggested form of notice of redemption being attached hereto as Exhibit D and
incorporated herein by reference as a part of this Ordinance for all purposes.
(b)
The redemption of the obligations described above being associated with the
advance refunding of such obligations, the approval, authorization and arrangements herein
given and provided for the redemption of such obligations on the redemption date designated
therefor and in the manner provided shall be irrevocable upon the issuance and delivery of the
Bonds; and the City Secretary is hereby authorized and directed to make all arrangements
necessary to notify the holders of such obligations of the City’s decision to redeem such
obligations on the dates and in the manner herein provided and in accordance with the ordinance
authorizing the issuance of the obligations and this Ordinance.
SECTION 20: Notices to Holders-Waiver. Wherever this Ordinance provides for notice
to Holders of any event, such notice shall be sufficiently given (unless otherwise herein
expressly provided) if in writing and sent by United States Mail, first class postage prepaid, to
the address of each Holder appearing in the Security Register at the close of business on the
business day next preceding the mailing of such notice.
In any case where notice to Holders is given by mail, neither the failure to mail such
notice to any particular Holders, nor any defect in any notice so mailed, shall affect the
sufficiency of such notice with respect to all other Bonds. Where this Ordinance provides for
notice in any manner, such notice may be waived in writing by the Holder entitled to receive
such notice, either before or after the event with respect to which such notice is given, and such
waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with
the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of
any action taken in reliance upon such waiver.
90285463.2/11012034
22
Pg. 241
SECTION 21: Cancellation. All Bonds surrendered for payment, redemption, transfer,
exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly
cancelled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar
and, if not already cancelled, shall be promptly cancelled by the Paying Agent/Registrar. The
City may at any time deliver to the Paying Agent/Registrar for cancellation any Bonds
previously certified or registered and delivered which the City may have acquired in any manner
whatsoever, and all Bonds so delivered shall be promptly cancelled by the Paying
Agent/Registrar. All cancelled Bonds held by the Paying Agent/Registrar shall be returned to
the City.
SECTION 22: Legal Opinion. The obligation of the Underwriters to accept delivery of
the Bonds is subject to being furnished a final legal opinion of Fulbright & Jaworski L.L.P.
approving such Bonds as to their validity, said opinion to be dated and delivered as of the date of
delivery and payment for such Bonds. A true and correct reproduction of said opinion is hereby
authorized to be printed on the definitive Bonds or an executed counterpart thereof shall
accompany the global Bonds deposited with the Depository Trust Company.
SECTION 23: CUSIP Numbers. CUSIP numbers may be printed or typed on the
definitive Bonds. It is expressly provided, however, that the presence or absence of CUSIP
numbers on the definitive Bonds shall be of no significance or effect as regards the legality
thereof and neither the City nor attorneys approving the Bonds as to legality are to be held
responsible for CUSIP numbers incorrectly printed or typed on the definitive Bonds.
SECTION 24: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is
intended or shall be construed to confer upon any person other than the City, the Paying
Agent/Registrar and the Holders, any right, remedy, or claim, legal or equitable, under or by
reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being
intended to be and being for the sole and exclusive benefit of the City, the Paying
Agent/Registrar and the Holders.
SECTION 25: Inconsistent Provisions. All ordinances, orders or resolutions, or parts
thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby
repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain
controlling as to the matters contained herein.
SECTION 26: Governing Law. This Ordinance shall be construed and enforced in
accordance with the laws of the State of Texas and the United States of America.
SECTION 27: Effect of Headings. The Section headings herein are for convenience only
and shall not affect the construction hereof.
SECTION 28: Construction of Terms. If appropriate in the context of this Ordinance,
words of the singular number shall be considered to include the plural, words of the plural
number shall be considered to include the singular, and words of the masculine, feminine or
neuter gender shall be considered to include the other genders.
SECTION 29: Continuing Disclosure Undertaking.
90285463.2/11012034
23
Pg. 242
(a)
Definitions. As used in this Section, the following terms have the meanings
ascribed to such terms below:
“MSRB” means the Municipal Securities Rulemaking Board.
“Rule” means SEC Rule 15c2-12, as amended from time to time.
“SEC” means the United States Securities and Exchange Commission.
(b)
Annual Reports. The City shall provide annually to the MSRB (1) within six
months after the end of each fiscal year, beginning in or after 2010, financial information and
operating data with respect to the City of the general type included in the final Official Statement
approved in Section 15 of this Ordinance, being the information described in Exhibit E hereto,
and (2) if not provided as part of such financial information and operating data, audited financial
statements of the City, when and if available. Any financial statements so provided shall be
prepared in accordance with the accounting principles described in Exhibit E hereto, or such
other accounting principles as the City may be required to employ from time to time pursuant to
state law or regulation, and audited, if the City commissions an audit of such statements and the
audit is completed within the period during which they must be provided.
If the City changes its fiscal year, it will notify the MSRB of the change (and of the date
of the new fiscal year end) prior to the next date by which the City otherwise would be required
to provide financial information and operating data pursuant to this Section.
The financial information and operating data to be provided pursuant to this Section may
be set forth in full in one or more documents or may be included by specific reference to any
document available to the public on the MSRB’s Internet Web site or filed with the SEC.
(c)
Material Event Notices. The City shall provide notice of any of the following
events with respect to the Bonds to the MSRB in a timely manner and not more than 10 business
days after occurrence of the event:
1.
Principal and interest payment delinquencies;
2.
Non-payment related defaults, if material;
3.
Unscheduled draws on debt service reserves reflecting financial difficulties;
4.
Unscheduled draws on credit enhancements reflecting financial difficulties;
5.
Substitution of credit or liquidity providers, or their failure to perform;
6.
Adverse tax opinions, the issuance by the Internal Revenue Service of proposed
or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB), or other
material notices or determinations with respect to the tax-exempt status of the Bonds, or other
material events affecting the tax status of the Bonds;
7.
Modifications to rights of holders of the Bonds, if material;
90285463.2/11012034
24
Pg. 243
8.
Bond calls, if material, and tender offers;
9.
Defeasances;
10.
material;
11.
Release, substitution, or sale of property securing repayment of the Bonds, if
Rating changes;
12.
Bankruptcy, insolvency, receivership, or similar event of the City, which shall
occur as described below;
13.
The consummation of a merger, consolidation, or acquisition involving the City
or the sale of all or substantially all of its assets, other than in the ordinary course of business, the
entry into of a definitive agreement to undertake such an action or the termination of a definitive
agreement relating to any such actions, other than pursuant to its terms, if material; and
14.
Appointment of a successor or additional trustee or the change of name of a
trustee, if material.
For these purposes, any event described in the immediately preceding subsection (c)12 is
considered to occur when any of the following occur: the appointment of a receiver, fiscal agent,
or similar officer for the City in a proceeding under the United States Bankruptcy Code or in any
other proceeding under state or federal law in which a court or governmental authority has
assumed jurisdiction over substantially all of the assets or business of the City, or if such
jurisdiction has been assumed by leaving the existing governing body and officials or officers in
possession but subject to the supervision and orders of a court or governmental authority, or the
entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or
governmental authority having supervision or jurisdiction over substantially all of the assets or
business of the City.
The City shall notify the MSRB, in a timely manner, of any failure by the City to provide
financial information or operating data in accordance with subsection (b) of this Section by the
time required by such Section.
(d)
Filings with the MSRB. All financial information, operating data, financial
statements, notices and other documents provided to the MSRB in accordance with this Section
shall be provided in an electronic format prescribed by the MSRB and shall be accompanied by
identifying information as prescribed by the MSRB.
(e)
Limitations, Disclaimers, and Amendments. The City shall be obligated to
observe and perform the covenants specified in this Section while, but only while, the City
remains an “obligated person” with respect to the Bonds within the meaning of the Rule, except
that the City in any event will give the notice required by subsection (c) hereof of any Bond calls
and defeasance that cause the City to be no longer such an “obligated person.”
The provisions of this Section are for the sole benefit of the Holders and beneficial
owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or
90285463.2/11012034
25
Pg. 244
any legal or equitable right, remedy, or claim hereunder to any other person. The City
undertakes to provide only the financial information, operating data, financial statements, and
notices which it has expressly agreed to provide pursuant to this Section and does not hereby
undertake to provide any other information that may be relevant or material to a complete
presentation of the City’s financial results, condition, or prospects or hereby undertake to update
any information provided in accordance with this Section or otherwise, except as expressly
provided herein. The City does not make any representation or warranty concerning such
information or its usefulness to a decision to invest in or sell Bonds at any future date.
UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER
OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR
TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY
THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY
COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF
ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH
BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC
PERFORMANCE.
No default by the City in observing or performing its obligations under this Section shall
constitute a breach of or default under this Ordinance for purposes of any other provision of this
Ordinance.
Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the
duties of the City under federal and state securities laws.
Notwithstanding anything to the contrary in this Ordinance, the provisions of this Section
may be amended by the City from time to time to adapt to changed circumstances resulting from
a change in legal requirements, a change in law, or a change in the identity, nature, status, or type
of operations of the City, but only if (1) the provisions of this Section, as so amended, would
have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in
compliance with the Rule, taking into account any amendments or interpretations of the Rule to
the date of such amendment, as well as such changed circumstances, and (2) either (a) the
Holders of a majority in aggregate principal amount (or any greater amount required by any
other provision of this Ordinance that authorizes such an amendment) of the Outstanding Bonds
consent to such amendment or (b) a Person that is unaffiliated with the City (such as nationally
recognized bond counsel) determines that such amendment will not materially impair the
interests of the Holders and beneficial owners of the Bonds. The provisions of this Section may
also be amended from time to time or repealed by the City if the SEC amends or repeals the
applicable provisions of the Rule or a court of final jurisdiction determines that such provisions
are invalid, but only if and to the extent that reservation of the City’s right to do so would not
prevent underwriters of the initial public offering of the Bonds from lawfully purchasing or
selling Bonds in such offering. If the City so amends the provisions of this Section, it shall
include with any amended financial information or operating data next provided pursuant to
subsection (b) hereof an explanation, in narrative form, of the reasons for the amendment and of
the impact of any change in the type of financial information or operating data so provided.
90285463.2/11012034
26
Pg. 245
SECTION 30: Severability. If any provision of this Ordinance or the application thereof
to any circumstance shall be held to be invalid, the remainder of this Ordinance and the
application thereof to other circumstances shall nevertheless be valid, and the City Council
hereby declares that this Ordinance would have been enacted without such invalid provision.
SECTION 31: Further Procedures. Any one or more of the Mayor, Mayor Pro Tem, City
Manager, Assistant City Manager, Chief Financial Officer and City Secretary are hereby
expressly authorized, empowered and directed from time to time and at any time to do and
perform all such acts and things and to execute, acknowledge and deliver in the name and on
behalf of the City all agreements, instruments, certificates or other documents, whether
mentioned herein or not, as may be necessary or desirable in order to carry out the terms and
provisions of this Ordinance and the issuance of the Bonds. In addition, prior to the initial
delivery of the Bonds, the Mayor, Mayor Pro Tem, City Manager, Assistant City Manager, Chief
Financial Officer or City Secretary of the City or Bond Counsel to the City are each hereby
authorized and directed to approve any technical changes or corrections to this Ordinance or to
any of the documents authorized and approved by this Ordinance: (i) in order to cure any
technical ambiguity, formal defect, or omission in the Ordinance or such other document; or (ii)
as requested by the Attorney General of the State of Texas or his representative to obtain the
approval of the Bonds by the Attorney General and if such officer or counsel determines that
such ministerial changes are consistent with the intent and purpose of the Ordinance, which
determination shall be final. In the event that any officer of the City whose signature shall
appear on any document shall cease to be such officer before the delivery of such document,
such signature nevertheless shall be valid and sufficient for all purposes the same as if such
officer had remained in office until such delivery.
SECTION 32: Incorporation of Findings and Determinations.
The findings and
determinations of the City Council contained in the preamble hereof are hereby incorporated by
reference and made a part of this Ordinance for all purposes as if the same were restated in full in
this Section.
SECTION 33: Public Meeting. It is officially found, determined, and declared that the
meeting at which this Ordinance is adopted was open to the public and public notice of the time,
place, and subject matter of the public business to be considered at such meeting, including this
Ordinance, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended.
In accordance with the provisions of V.T.C.A.,
SECTION 34: Effective Date.
Government Code, Section 1201.028, as amended, this Ordinance shall be in force and effect
from and after its passage on the date shown below and it is so ordained.
[remainder of page left blank intentionally]
90285463.2/11012034
27
Pg. 246
PASSED AND ADOPTED, this December 14, 2010.
______________________________________
Mayor
ATTEST:
___________________________________
City Secretary
(City Seal)
90285463.2/11012034
S-1
Pg. 247
EXHIBIT A
PAYING AGENT/REGISTRAR AGREEMENT
90285463.2/11012034
A-1
Pg. 248
EXHIBIT B
BOND PURCHASE AGREEMENT
90285463.2/11012034
B-1
Pg. 249
EXHIBIT C
SPECIAL ESCROW AGREEMENT
90285463.2/11012034
C-1
Pg. 250
EXHIBIT D
NOTICE OF REDEMPTION
TAX AND UTILITY SYSTEM (LIMITED PLEDGE) REVENUE
CERTIFICATES OF OBLIGATION
SERIES 2007
DATED MAY 1, 2007
NOTICE IS HEREBY GIVEN that a portion of the certificates of obligation of the above
series maturing on and after March 1, 2013, and aggregating in principal amount $24,030,000
have been called for redemption on March 1, 2012 at the redemption price of par and accrued
interest to the date of redemption, such certificates being identified as follows:
Year of
Maturity Principal Amount
2013
2014
2015
2016
2017
CUSIP
Number
Year of
Maturity Principal Amount
$2,690,000
$2,870,000
$2,980,000
$2,950,000
$2,440,000
2018
2019
2020
2021
CUSIP
Number
$2,405,000
$2,285,000
$2,535,000
$2,605,000
ALL SUCH CERTIFICATES OF OBLIGATION shall become due and payable on
March 1, 2012, and interest thereon shall cease to accrue from and after said redemption date and
payment of the redemption price of said certificates shall be paid to the registered owners of the
certificates only upon presentation and surrender thereof to U.S. Bank National Association at its
designated offices at the following address:
U.S. Bank National Association
Attention: Bond Operations
60 Livingston Avenue, First Floor
St. Paul, Minnesota 55107
THIS NOTICE is issued and given pursuant to the terms and conditions prescribed for
the redemption of said certificates and pursuant to an ordinance by the City Council of the City
of Weatherford, Texas.
U.S. BANK NATIONAL ASSOCIATION
Address:
14241 Dallas Parkway, Suite 490
Dallas, Texas 75254
90285463.2/11012034
D-1
Pg. 251
EXHIBIT E
DESCRIPTION OF ANNUAL FINANCIAL INFORMATION
The following information is referred to in Section 29 of this Ordinance.
Annual Financial Information and Operating Data
The financial information and operating data with respect to the City to be provided
annually in accordance with such Section are as specified (and included in the Appendix or
under the headings of the Official Statement referred to) below:
1.
The financial statements of the City, portions of which are
appended to the Official Statement as Appendix B for the most recently
concluded fiscal year.
2.
The information included in Tables 1 through 6 and 8 through 15
in the Official Statement.
Accounting Principles
The accounting principles referred to in such Section are generally those described in
Appendix B to the Official Statement, as such principles may be changed from time to time to
comply with state law or regulation.
90285463.2/11012034
E-1
Pg. 252
AGENDA REPORT
Meeting Date:
Agenda Item:
December 14, 2010
RS-121410-10
Staff Contact:
E-mail:
Phone:
Janina Jewell
[email protected]
(817) 598-4220
SUBJECT: Consider all matters incident and related to the issuance and sale of "City of Weatherford, Texas,
Tax and Utility System (Limited Pledge) Revenue Certificates of Obligation, Series 2011,"
including the adoption of an ordinance authorizing the issuance of such bonds.
On May 23, 2005 the Weatherford City Council adopted Resolution R2005-07 that authorized the City Manager
to negotiate a "Pass Through Toll Agreement" with the Texas Department of Transportation. The project
expenditures associated with this agreement are currently estimated at $58,578,530. On May 1, 2007 the City
of Weatherford issued $46,490,000 in certificates of Obligation to cover the costs of these projects. Debt
proceeds actually totaled $46,688,180 after issuance costs. Original estimated expenses for the project were
significantly lower than actual expenses. The current difference is $11,890,350 between estimated costs and
funds available for the project. This difference has been discussed for several years. In September, City
Council took steps by adopting a budget that significantly reduced this difference by approving funds to be used
toward completion of these projects that included $352,624 from unused 2006 Certificates of Obligation,
$933,077 from unused 2007 General Obligation Bonds, $820,516 from unused 2008 Certificates of Obligation,
$500,000 from the Solid Waste Enterprise Fund (landfill royalties), and $1,000,000 from accumulated Capital
Project Funds (various sources including gas royalties and the landfill sale).
It has now become time to take additional steps in closing this difference to complete these transportation
projects. Issuance of $8,400,000 of Certificates of Obligation would allow the City to complete projects
associated with this agreement. Intent to issue was made on October 26 and proper publications were made as
required by law.
FINANCIAL IMPACT
Such an issuance should also be considered with a restructuring of the original 2007 Certificates of Obligation
to have no effect on the interest and sinking portion of the City's ad valorem tax rate.
RECOMMENDATION
Consider and approve all matters incident and related to the issuance and sale of "City of Weatherford, Texas,
Tax and Utility System (Limited Pledge) Revenue Certificates of Obligation, Series 2011," including the
adoption of an ordinance authorizing the issuance of such bonds.
Attachments
• Ordinance 520-2010-58
RS-121410-10
Page 1 of 1
Pg. 253
ORDINANCE NO. ____-2011-___
AN ORDINANCE authorizing the issuance of “CITY OF WEATHERFORD,
TEXAS TAX AND UTILITY SYSTEM (LIMITED PLEDGE)
REVENUE CERTIFICATES OF OBLIGATION, SERIES 2011”;
providing for the payment of said certificates of obligation by the levy of
an ad valorem tax upon all taxable property within the City and a limited
pledge of the net revenues from the operation of the City's Utility System;
prescribing the terms and details of such Certificates and resolving other
matters incident and related to the issuance, sale, security, payment and
delivery of said Certificates, including the approval and execution of a
Paying Agent/Registrar Agreement and a Purchase Agreement and the
approval and distribution of an Official Statement and providing an
effective date.
WHEREAS, notice of the City Council's intention to issue certificates of obligation in the
maximum principal amount of $8,700,000 for the purpose of paying contractual obligations to be
incurred for (i) the construction of public works, to wit: acquiring, constructing and improving
roads, streets and highways within the City and (ii) professional services rendered in connection
therewith, has been duly published in the Weatherford Democrat, a newspaper hereby found and
determined to be of general circulation in the City of Weatherford, Texas, on November 2, 2010
and November 9, 2010, the date of the first publication of such notice being not less than thirtyone (31) days prior to the tentative date stated therein for the passage of the ordinance
authorizing the issuance of such certificates; and
WHEREAS, the Weatherford Democrat is a newspaper which devotes not less than
twenty-five percent (25%) of its total column lineage to items of general interest, is published not
less frequently than once each week, entered as second-class postal matter in the county where it
is published and has been published regularly and continuously for not less than twelve (12)
months prior to the date of the publication of said “NOTICE OF INTENTION TO ISSUE CITY
OF WEATHERFORD, TEXAS, CERTIFICATES OF OBLIGATION”; and
WHEREAS, no petition protesting the issuance of such certificates and bearing valid
petition signatures of at least five percent (5%) of the qualified voters of the City has been
presented to or filed with the City Secretary, any member of the City Council or any other
official of the City on or prior to the date of the passage of this Ordinance; and
WHEREAS, the City Council hereby finds and determines that the certificates of
obligation described in such notice should be issued and sold at this time in the amount and
manner as hereinafter provided; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEATHERFORD:
SECTION 1. Authorization - Designation - Principal Amount - Purpose. Certificates of
obligation of the City shall be and are hereby authorized to be issued in the aggregate principal
amount of $8,400,000, to be designated and bear the title “CITY OF WEATHERFORD, TEXAS
TAX AND UTILITY SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF
90286414.2/11012034
Pg. 254
OBLIGATION, SERIES 2011” (the “Certificates”), for the purpose of paying contractual
obligations to be incurred for (i) the construction of public works, to wit: acquiring, constructing
and improving roads, streets and highways within the City and (ii) professional services rendered
in connection therewith; and, pursuant to authority conferred by and in conformity with the
Constitution and laws of the State of Texas, including V.T.C.A., Local Government Code,
Subchapter C of Chapter 271, as amended.
SECTION 2. Fully Registered Obligations - Authorized Denominations - Stated
Maturities - Date. The Certificates are issuable in fully registered form only; shall be dated
January 1, 2011 (the “Certificate Date”), and shall be in denominations of $5,000 or any integral
multiple thereof (within a Stated Maturity), and the Certificates shall become due and payable on
March 1 in each of the years and in principal amounts (the “Stated Maturities”) and bear interest
at the per annum rate(s) in accordance with the following schedule:
Year of
Stated Maturity
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
Principal
Amount
Interest
Rate
$_____
____%
Interest on the Certificates shall accrue from the Certificate Date at the per annum rate(s)
shown above in this Section, and such interest shall be calculated on the basis of a 360-day year
consisting of twelve 30-day months. Interest on the Certificates shall be payable on March 1 and
September 1 of each year, commencing March 1, 2012, until maturity or prior redemption.
90286414.2/11012034
2
Pg. 255
SECTION 3. Terms of Payment - Paying Agent/Registrar. The principal of, premium,
if any, and the interest on the Certificates, due and payable by reason of maturity, redemption or
otherwise, shall be payable only to the registered owners or holders of the Certificates
(hereinafter called the “Holders”) appearing on the registration and transfer books maintained by
the Paying Agent/Registrar and the payment thereof shall be in any coin or currency of the
United States of America which at the time of payment is legal tender for the payment of public
and private debts, and shall be without exchange or collection charges to the Holders.
The selection and appointment of U.S. Bank National Association, Dallas, Texas, to
serve as Paying Agent/Registrar for the Certificates is hereby approved and confirmed, and the
City agrees and covenants to cause to be kept and maintained by the Paying Agent/Registrar
books and records relating to the registration, payment and transfer of the Certificates (the
“Security Register”), all as provided herein, in accordance with the terms and provisions of a
“Paying Agent/Registrar Agreement” substantially in the form attached hereto as Exhibit A and
such reasonable rules and regulations as the Paying Agent/Registrar and City may prescribe; and
the Mayor or Mayor Pro Tem and City Secretary are authorized to execute and deliver such
Agreement in connection with the delivery of the Certificates. The City covenants to maintain
and provide a Paying Agent/Registrar at all times until the Certificates are paid and discharged,
and any successor Paying Agent/Registrar shall be a commercial bank, trust company, financial
institution or other entity qualified and authorized to serve in such capacity and perform the
duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar
for the Certificates, the City agrees to promptly cause a written notice thereof to be sent to each
Holder by United States Mail, first class postage prepaid, which notice shall also give the address
of the new Paying Agent/Registrar.
Principal of and premium, if any, on the Certificates shall be payable at the Stated
Maturities or upon prior redemption, only upon presentation and surrender of the Certificates to
the Paying Agent/Registrar at its designated offices initially in St. Paul, Minnesota, or, with
respect to a successor Paying Agent/Registrar, at the designated offices of such successor (the
“Designated Payment/Transfer Office”). Interest on the Certificates shall be paid by the Paying
Agent/Registrar to the Holders whose names appear in the Security Register at the close of
business on the Record Date (the 15th day of the month next preceding each interest payment
date) and payment of such interest shall be (i) by check sent United States Mail, first class
postage prepaid, to the address of the Holder recorded in the Security Register or (ii) by such
other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and
expense of, the Holder. If the date for the payment of the principal of or interest on the
Certificates shall be a Saturday, Sunday, legal holiday or a day when banking institutions in the
city where the Designated Payment/Transfer Office is located are authorized by law or executive
order to be closed, then the date for such payment shall be the next succeeding day which is not
such a Saturday, Sunday, legal holiday or day when banking institutions are authorized to be
closed; and payment on such date shall have the same force and effect as if made on the original
date payment was due.
In the event of a nonpayment of interest on a scheduled payment date, and for thirty (30)
days thereafter, a new record date for such interest payment (a “Special Record Date”) will be
established by the Paying Agent/Registrar, if and when funds for the payment of such interest
have been received from the City. Notice of the Special Record Date and of the scheduled
90286414.2/11012034
3
Pg. 256
payment date of the past due interest (which shall be fifteen (15) days after the Special Record
Date) shall be sent at least five (5) business days prior to the Special Record Date by United
States mail, first class postage prepaid, to the address of each Holder appearing on the Security
Register at the close of business on the last business day next preceding the date of mailing of
such notice.
SECTION 4. Redemption.
(a)
Optional Redemption. The Certificates having Stated Maturities on and after
March 1, 2021, shall be subject to redemption prior to maturity, at the option of the City, in
whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a
Stated Maturity by lot by the Paying Agent/Registrar), on March 1, 2020, or on any date
thereafter at the redemption price of par plus accrued interest to the date of redemption.
(b)
Exercise of Redemption Option. At least forty-five (45) days prior to a
redemption date for the Certificates (unless a shorter notification period shall be satisfactory to
the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of the decision to
redeem Certificates, the principal amount of each Stated Maturity to be redeemed, and the date
of redemption therefor. The decision of the City to exercise the right to redeem Certificates shall
be entered in the minutes of the governing body of the City.
(c)
Selection of Certificates for Redemption. If less than all Outstanding Certificates
of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar
shall treat such Certificates as representing the number of Certificates Outstanding which is
obtained by dividing the principal amount of such Certificates by $5,000 and shall select the
Certificates to be redeemed within such Stated Maturity by lot.
(d)
Notice of Redemption. Not less than thirty (30) days prior to a redemption date
for the Certificates, a notice of redemption shall be sent by United States Mail, first class postage
prepaid, in the name of the City and at the City's expense, to each Holder of a Certificate to be
redeemed in whole or in part at the address of the Holder appearing on the Security Register at
the close of business on the business day next preceding the date of mailing such notice, and any
notice of redemption so mailed shall be conclusively presumed to have been duly given
irrespective of whether received by the Holder.
All notices of redemption shall (i) specify the date of redemption for the Certificates,
(ii) identify the Certificates to be redeemed and, in the case of a portion of the principal amount
to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price,
(iv) state that the Certificates, or the portion of the principal amount thereof to be redeemed, shall
become due and payable on the redemption date specified, and the interest thereon, or on the
portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the
redemption date, and (v) specify that payment of the redemption price for the Certificates, or the
principal amount thereof to be redeemed, shall be made at the Designated Payment/Transfer
Office of the Paying Agent/Registrar only upon presentation and surrender thereof by the Holder.
If a Certificate is subject by its terms to prior redemption and has been called for redemption and
notice of redemption thereof has been duly given as hereinabove provided, such Certificate (or
the principal amount thereof to be redeemed) shall become due and payable and interest thereon
90286414.2/11012034
4
Pg. 257
shall cease to accrue from and after the redemption date therefor; provided moneys sufficient for
the payment of such Certificate (or of the principal amount thereof to be redeemed) at the then
applicable redemption price are held for the purpose of such payment by the Paying
Agent/Registrar.
(e)
Conditional Notice of Redemption. With respect to any optional redemption of
the Certificates, unless moneys sufficient to pay the principal of and premium, if any, and
interest on the Certificates to be redeemed shall have been received by the Paying
Agent/Registrar prior to the giving of such notice of redemption, such notice may state that said
redemption is conditional upon the receipt of such moneys by the Paying Agent/Registrar on or
prior to the date fixed for such redemption, or upon the satisfaction of any prerequisites set forth
in such notice of redemption; and, if sufficient moneys are not received, such notice shall be of
no force and effect, the City shall not redeem such Certificates and the Paying Agent/Registrar
shall give notice, in the manner in which the notice of redemption was given, to the effect that
the Certificates have not been redeemed.
SECTION 5. Registration - Transfer - Exchange of Certificates - Predecessor
Certificates. The Paying Agent/Registrar shall obtain, record and maintain in the Security
Register the name and address of each and every owner of the Certificates issued under and
pursuant to the provisions of this Ordinance, or if appropriate, the nominee thereof. Any
Certificate may be transferred or exchanged for Certificates of other authorized denominations
by the Holder, in person or by his duly authorized agent, upon surrender of such Certificate to
the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or
request for exchange duly executed by the Holder or by his duly authorized agent, in form
satisfactory to the Paying Agent/Registrar.
Upon surrender of any Certificate (other than the single Initial Certificate authorized in
Section 8 hereof) for transfer at the Designated Payment/Transfer Office of the Paying
Agent/Registrar, the Paying Agent/Registrar shall register and deliver, in the name of the
designated transferee or transferees, one or more new Certificates, executed on behalf of, and
furnished by the City, of authorized denominations and having the same Stated Maturity and of a
like aggregate principal amount as the Certificate or Certificates surrendered for transfer.
At the option of the Holder, Certificates (other than the single Initial Certificate
authorized in Section 8 hereof) may be exchanged for other Certificates of authorized
denominations and having the same Stated Maturity, bearing the same rate of interest and of like
aggregate principal amount as the Certificates surrendered for exchange, upon surrender of the
Certificates to be exchanged at the Designated Payment/Transfer Office of the Paying
Agent/Registrar. Whenever any Certificates are surrendered for exchange, the Paying
Agent/Registrar shall register and deliver new Certificates, executed on behalf of, and furnished
by the City, to the Holder requesting the exchange.
All Certificates issued in any transfer or exchange of Certificates shall be delivered to the
Holders at the Designated Payment/Transfer Office of the Paying Agent/Registrar or sent by
United States Mail, first class postage prepaid, to the Holders, and, upon the registration and
delivery thereof, the same shall be the valid obligations of the City, evidencing the same
90286414.2/11012034
5
Pg. 258
obligation to pay, and entitled to the same benefits under this Ordinance, as the Certificates
surrendered in such transfer or exchange.
All transfers or exchanges of Certificates pursuant to this Section shall be made without
expense or service charge to the Holder, except as otherwise herein provided, and except that the
Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange
of any tax or other governmental charges required to be paid with respect to such transfer or
exchange.
Certificates cancelled by reason of an exchange or transfer pursuant to the provisions
hereof are hereby defined to be “Predecessor Certificates”, evidencing all or a portion, as the
case may be, of the same obligation to pay evidenced by the new Certificate or Certificates
registered and delivered in the exchange or transfer therefor. Additionally, the term
“Predecessor Certificates” shall include any mutilated, lost, destroyed or stolen Certificate for
which a replacement Certificate has been issued, registered and delivered in lieu thereof pursuant
to the provisions of Section 24 hereof and such new replacement Certificate shall be deemed to
evidence the same obligation as the mutilated, lost, destroyed or stolen Certificate.
Neither the City nor the Paying Agent/ Registrar shall be required to issue or transfer to
an assignee of a Holder any Certificate called for redemption, in whole or in part, within fortyfive (45) days of the date fixed for the redemption of such Certificate; provided, however, such
limitation on transferability shall not be applicable to an exchange by the Holder of the
unredeemed balance of a Certificate called for redemption in part.
SECTION 6. Book-Entry-Only Transfers and Transactions.
Notwithstanding the
provisions contained in Sections 3, 4 and 5 hereof relating to the payment, and transfer/exchange
of the Certificates, the City hereby approves and authorizes the use of “Book-Entry-Only”
securities clearance, settlement and transfer system provided by The Depository Trust Company
(DTC), a limited purpose trust company organized under the laws of the State of New York, in
accordance with the operational arrangements referenced in the Blanket Issuer Letter of
Representation, by and between the City and DTC (the “Depository Agreement”).
Pursuant to the Depository Agreement and the rules of DTC, the Certificates shall be
deposited with DTC who shall hold said Certificates for its participants (the “DTC Participants”).
While the Certificates are held by DTC under the Depository Agreement, the Holder of the
Certificates on the Security Register for all purposes, including payment and notices, shall be
Cede & Co., as nominee of DTC, notwithstanding the ownership of each actual purchaser or
owner of each Certificate (the “Beneficial Owners”) being recorded in the records of DTC and
DTC Participants.
In the event DTC determines to discontinue serving as securities depository for the
Certificates or otherwise ceases to provide book-entry clearance and settlement of securities
transactions in general or the City determines that DTC is incapable of properly discharging its
duties as securities depository for the Certificates, the City covenants and agrees with the
Holders of the Certificates to cause Certificates to be printed in definitive form and issued and
delivered to DTC Participants and Beneficial Owners, as the case may be. Thereafter, the
Certificates in definitive form shall be assigned, transferred and exchanged on the Security
90286414.2/11012034
6
Pg. 259
Register maintained by the Paying Agent/Registrar and payment of such Certificates shall be
made in accordance with the provisions of Sections 3, 4 and 5 hereof.
SECTION 7. Execution - Registration. The Certificates shall be executed on behalf of
the City by the Mayor under its seal reproduced or impressed thereon and countersigned by the
City Secretary. The signature of said officers and the seal of the City on the Certificates may be
manual or facsimile. Certificates bearing the manual or facsimile signatures of individuals who
are or were the proper officers of the City on the Certificate Date shall be deemed to be duly
executed on behalf of the City, notwithstanding that one or more of the individuals executing the
same shall cease to be such officer at the time of delivery of the Certificates to the initial
purchaser(s) and with respect to Certificates delivered in subsequent exchanges and transfers, all
as authorized and provided in V.T.C.A., Government Code, Chapter 1201, as amended.
No Certificate shall be entitled to any right or benefit under this Ordinance, or be valid or
obligatory for any purpose, unless there appears on such Certificate either a certificate of
registration substantially in the form provided in Section 9(c), manually executed by the
Comptroller of Public Accounts of the State of Texas, or his duly authorized agent, or a
certificate of registration substantially in the form provided in Section 9(d), manually executed
by an authorized officer, employee or representative of the Paying Agent/Registrar, and either
such certificate duly signed upon any Certificate shall be conclusive evidence, and the only
evidence, that such Certificate has been duly certified, registered and delivered.
Notwithstanding the above and foregoing paragraph, both certificates of registration
appearing in Section 9(c) and Section 9(d) shall be printed on the Initial Certificate(s) authorized
for delivery to the initial purchasers in Section 8, and both such certifications shall be required to
be manually executed in connection with the delivery of the Initial Certificate(s) to the initial
purchaser. Upon the delivery of the Initial Certificate(s) to the initial purchaser with both such
certificates of registration properly executed, the Initial Certificate(s) shall be deemed duly
certified, registered and delivered by the City.
SECTION 8. Initial Certificate(s). The Certificates herein authorized shall be initially
issued either (i) as a single fully registered certificate in the total principal amount shown in
Section 1 hereof with principal installments to become due and payable as provided in Section 2
hereof and numbered T-1, or (ii) as multiple fully registered certificates, being one certificate for
each year of maturity in the applicable principal amount and denomination and to be numbered
consecutively from T-1 and upward (hereinafter called the “Initial Certificate(s)”) and, in either
case, the Initial Certificate(s) shall be registered in the name of the initial purchaser(s) or the
designee thereof. The Initial Certificate(s) shall be the Certificates submitted to the Office of the
Attorney General of the State of Texas for approval, certified and registered by the Office of the
Comptroller of Public Accounts of the State of Texas and delivered to the initial purchaser(s).
Any time after the delivery of the Initial Certificate(s), the Paying Agent/Registrar, pursuant to
written instructions from the initial purchaser(s), or the designee thereof, shall cancel the Initial
Certificate(s) delivered hereunder and exchange therefor definitive Certificates of authorized
denominations, Stated Maturities, principal amounts and bearing applicable interest rates for
transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to
and in accordance with such written instructions from the initial purchaser(s), or the designee
90286414.2/11012034
7
Pg. 260
thereof, and such other information and documentation as the Paying Agent/Registrar may
reasonably require.
SECTION 9. Forms.
(a)
Forms Generally. The Certificates, the Registration Certificate of the Comptroller
of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar,
and the form of Assignment to appear on each of the Certificates, shall be substantially in the
forms set forth in this Section with such appropriate insertions, omissions, substitutions and other
variations as are permitted or required by this Ordinance and may have such letters, numbers or
other marks of identification (including identifying numbers and letters of the Committee on
Uniform Securities Identification Procedures of the American Bankers Association) and such
legends and endorsements (including insurance legends in the event the Certificates, or any
maturities thereof, are purchased with insurance) and any reproduction of an opinion of counsel
thereon as may, consistently herewith, be established by the City or determined by the officers
executing such Certificates as evidenced by their execution. Any portion of the text of any
Certificate may be set forth on the reverse thereof, with an appropriate reference thereto on the
face of the Certificate.
The definitive Certificates and the Initial Certificate(s) shall be printed, lithographed,
engraved, typewritten, photocopied or otherwise reproduced in any other similar manner, all as
determined by the officers executing such Certificates as evidenced by their execution.
(b)
Form of Definitive Certificate.
REGISTERED
NO. _______
REGISTERED
$____________
STATE OF TEXAS
CERTIFICATE OF OBLIGATION
SERIES 2011
Certificate Date:
January 1, 2011
Interest Rate:
_____%
Stated Maturity:
March 1, 20__
CUSIP NO:
_________
Registered Owner:
Principal Amount:
DOLLARS
itself indebted to and hereby promises to pay to the Registered Owner named above (the
“Registered Owner”), or the registered assigns thereof, the Principal Amount stated above, on the
Stated Maturity date specified above (or so much thereof as shall not have been paid upon prior
90286414.2/11012034
8
Pg. 261
redemption) and to pay interest (computed on the basis of a 360-day year consisting of twelve
30-day months) on the unpaid Principal Amount hereof from the interest payment date next
preceding the “Registration Date” of this Certificate appearing below (unless this Certificate
bears a “Registration Date” as of an interest payment date, in which case it shall bear interest
from such date, or unless the “Registration Date” of this Certificate is prior to the initial interest
payment date, in which case it shall bear interest from the Certificate Date) at the per annum rate
of interest specified above; such interest being payable on March 1 and September 1 of each
year, commencing March 1, 2012, until maturity or prior redemption. Principal of this
Certificate is payable at its Stated Maturity or upon its prior redemption to the Registered Owner
hereof, upon presentation and surrender, at the Designated Payment/Transfer Office of the
Paying Agent/Registrar executing the registration certificate appearing hereon, or its successor.
Interest is payable to the Registered Owner of this Certificate (or one or more Predecessor
Certificates, as defined in the Ordinance hereinafter referenced) whose name appears on the
“Security Register” maintained by the Paying Agent/Registrar at the close of business on the
“Record Date”, which is the 15th day of the month next preceding each interest payment date,
and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first
class postage prepaid, to the address of the Registered Owner recorded in the Security Register
on the Record Date or by such other method, acceptable to the Paying Agent/Registrar, requested
by, and at the risk and expense of, the Registered Owner. If the date for the payment of the
principal of or interest on the Certificates shall be a Saturday, Sunday, legal holiday or a day
when banking institutions in the city where the Designated Payment/Transfer Office is located
are authorized by law or executive order to close, then the date for such payment shall be the
next succeeding day which is not such a Saturday, Sunday, legal holiday or day when banking
institutions are authorized to close; and payment on such date shall have the same force and
effect as if made on the original date payment was due. All payments of principal of, premium,
if any, and interest on this Certificate shall be without exchange or collection charges to the
Registered Owner hereof and in any coin or currency of the United States of America which at
the time of payment is legal tender for the payment of public and private debts.
This Certificate is one of the series specified in its title issued in the aggregate principal
amount of $8,400,000 (herein referred to as the “Certificates”) for the purpose of paying
contractual obligations to be incurred for (i) the construction of public works, to wit: acquiring,
constructing and improving roads, streets and highways within the City and (ii) professional
services rendered in connection therewith, under and in strict conformity with the Constitution
and laws of the State of Texas, particularly V.T.C.A., Local Government Code, Subchapter C of
Chapter 271, as amended, and pursuant to an Ordinance adopted by the governing body of the
City (herein referred to as the “Ordinance”).
The Certificates maturing on and after March 1, 2021, may be redeemed prior to their
Stated Maturities, at the option of the City, in whole or in part, in principal amounts of $5,000 or
any integral multiple thereof (and if within a Stated Maturity, by lot by the Paying
Agent/Registrar), on March 1, 2020, or on any date thereafter, at the redemption price of par,
together with accrued interest to the date of redemption.
At least thirty (30) days prior to a redemption date, the City shall cause a written notice of
such redemption to be sent by United States Mail, first class postage prepaid, to the registered
owners of each Certificate to be redeemed at the address shown on the Security Register and
90286414.2/11012034
9
Pg. 262
subject to the terms and provisions relating thereto contained in the Ordinance. If a Certificate
(or any portion of its principal sum) shall have been duly called for redemption and notice of
such redemption duly given, then upon the redemption date such Certificate (or the portion of its
principal sum to be redeemed) shall become due and payable, and, if moneys for the payment of
the redemption price and the interest accrued on the principal amount to be redeemed to the date
of redemption are held for the purpose of such payment by the Paying Agent/Registrar, interest
shall cease to accrue and be payable from and after the redemption date on the principal amount
redeemed.
In the event a portion of the principal amount of a Certificate is to be redeemed and the
registered owner is someone other than Cede & Co., payment of the redemption price of such
principal amount shall be made to the registered owner only upon presentation and surrender of
such Certificate to the Designated Payment/Transfer Office of the Paying Agent/Registrar, and a
new Certificate or Certificates of like maturity and interest rate in any authorized denominations
provided by the Ordinance for the then unredeemed balance of the principal sum thereof will be
issued to the registered owner, without charge. If a Certificate is selected for redemption, in
whole or in part, the City and the Paying Agent/Registrar shall not be required to transfer such
Certificate to an assignee of the registered owner within forty-five (45) days of the redemption
date therefor; provided, however, such limitation on transferability shall not be applicable to an
exchange by the registered owner of the unredeemed balance of a Certificate redeemed in part.
With respect to any optional redemption of the Certificates, unless moneys sufficient to
pay the principal of and premium, if any, and interest on the Certificates to be redeemed shall
have been received by the Paying Agent/Registrar prior to the giving of such notice of
redemption, such notice may state that said redemption is conditional upon the receipt of such
moneys by the Paying Agent/Registrar on or prior to the date fixed for such redemption, or upon
the satisfaction of any prerequisites set forth in such notice of redemption; and, if sufficient
moneys are not received, such notice shall be of no force and effect, the City shall not redeem
such Certificates and the Paying Agent/Registrar shall give notice, in the manner in which the
notice of redemption was given, to the effect that the Certificates have not been redeemed.
The Certificates are payable from the proceeds of an ad valorem tax levied, within the
limitations prescribed by law, upon all taxable property in the City and from a limited pledge of
the Net Revenues (as defined in the Ordinance) of the City's Utility Systems (the “Systems” or
“System”), such pledge of the Net Revenues for the payment of the Certificates being limited to
an amount of $1,000 and, together with a parity pledge securing the payment of the Previously
Issued Certificates (identified and defined in the Ordinance), being junior and subordinate to the
lien on and pledge of the Net Revenues securing the payment of “Prior Lien Obligations” (as
defined in the Ordinance) now outstanding and hereafter issued by the City. In the Ordinance,
the City reserves and retains the right to issue Prior Lien Obligations while the Certificates are
outstanding without limitation as to principal amount but subject to any terms, conditions or
restrictions as may be applicable thereto under law or otherwise, as well as the right to issue
Additional Obligations (identified and defined in the Ordinance) payable from the same sources
as the Certificates and, together with the Certificates, equally and ratably secured by a parity lien
on and pledge of the Net Revenues of the System.
90286414.2/11012034
10
Pg. 263
Reference is hereby made to the Ordinance, a copy of which is on file in the Designated
Payment/Transfer Office of the Paying Agent/Registrar, and to all the provisions of which the
Registered Owner hereof by the acceptance hereof hereby assents, for definitions of terms; the
description of and the nature and extent of the tax levied for the payment of the Certificates; the
properties constituting the System; the limited amount of Net Revenues pledged to the payment
of the principal of and interest on the Certificates; the nature and extent and manner of
enforcement of the pledge; the terms and conditions relating to the transfer of this Certificate; the
conditions upon which the Ordinance may be amended or supplemented with or without the
consent of the Registered Owners of the Certificates; the rights, duties and obligations of the City
and the Paying Agent/Registrar; the terms and provisions upon which the tax levy and the liens,
pledges, charges and covenants made therein may be discharged at or prior to the maturity of this
Certificate, and this Certificate deemed to be no longer Outstanding thereunder; and for the other
terms and provisions contained therein. Capitalized terms used herein and not otherwise defined
have the meanings assigned in the Ordinance.
This Certificate, subject to certain limitations contained in the Ordinance, may be
transferred on the Security Register only upon its presentation and surrender at the Designated
Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly
endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the
Paying Agent/Registrar duly executed by, the Registered Owner hereof, or his or her duly
authorized agent. When a transfer on the Security Register occurs, one or more fully registered
Certificates of authorized denominations and of the same aggregate principal amount will be
issued by the Paying Agent/Registrar to the designated transferee or transferees.
The City and the Paying Agent/Registrar, and any agent of either, may treat the
Registered Owner hereof whose name appears on the Security Register (i) on the Record Date as
the owner entitled to payment of interest hereon, (ii) on the date of surrender of this Certificate as
the owner entitled to payment of principal hereof at its Stated Maturity or upon its prior
redemption, in whole or in part, and (iii) on any other date as the owner for all other purposes,
and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by
notice to the contrary. In the event of nonpayment of interest on a scheduled payment date and
for thirty (30) days thereafter, a new record date for such interest payment (a “Special Record
Date”) will be established by the Paying Agent/Registrar, if and when funds for the payment of
such interest have been received from the City. Notice of the Special Record Date and of the
scheduled payment date of the past due interest (which shall be fifteen (15) days after the Special
Record Date) shall be sent at least five (5) business days prior to the Special Record Date by
United States Mail, first class postage prepaid, to the address of each Registered Owner
appearing on the Security Register at the close of business on the last business day next
preceding the date of mailing of such notice.
It is hereby certified, recited, represented and covenanted that the City is a body corporate
and political subdivision duly organized and legally existing under and by virtue of the
Constitution and laws of the State of Texas; that the issuance of the Certificates is duly
authorized by law; that all acts, conditions and things required to exist and be done precedent to
and in the issuance of the Certificates to render the same lawful and valid obligations of the City
have been properly done, have happened and have been performed in regular and due time, form
and manner as required by the Constitution and laws of the State of Texas, and the Ordinance;
90286414.2/11012034
11
Pg. 264
that the Certificates do not exceed any constitutional or statutory limitation; and that due
provision has been made for the payment of the principal of and interest on the Certificates by
the levy of a tax and a pledge of a limited amount of the Net Revenues of the System as
aforestated. In case any provision in this Certificate or any application hereof shall be invalid,
illegal or unenforceable, the validity, legality and enforceability of the remaining provisions and
applications shall not in any way be affected or impaired thereby. The terms and provisions of
this Certificate and the Ordinance shall be construed in accordance with and shall be governed
by the laws of the State of Texas.
IN WITNESS WHEREOF, the City Council of the City has caused this Certificate to be
duly executed under the official seal of the City as of the Certificate Date.
___________________________________
Mayor
COUNTERSIGNED:
______________________________
City Secretary
(SEAL)
(c)
Form of Registration Certificate of Comptroller of Public Accounts to Appear on
Initial Certificate(s) only.
REGISTRATION CERTIFICATE OF
COMPTROLLER OF PUBLIC ACCOUNTS
OFFICE OF THE COMPTROLLER
OF PUBLIC ACCOUNTS
THE STATE OF TEXAS
§
§
§
§
REGISTER NO. ___________________
I HEREBY CERTIFY that this Certificate has been examined, certified as to validity and
approved by the Attorney General of the State of Texas, and duly registered by the Comptroller
of Public Accounts of the State of Texas.
WITNESS my signature and seal of office this
90286414.2/11012034
12
.
Pg. 265
___________________________________
Comptroller of Public Accounts
of the State of Texas
(SEAL)
(d)
Form of Certificate of Paying Agent/Registrar to Appear on Definitive
Certificates only.
REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR
This Certificate has been duly issued and registered under the provisions of the withinmentioned Ordinance; the certificate or certificates of the above entitled and designated series
originally delivered having been approved by the Attorney General of the State of Texas and
registered by the Comptroller of Public Accounts, as shown by the records of the Paying
Agent/Registrar.
The designated office of the Paying Agent/Registrar in St. Paul, Minnesota, is the
Designated Payment/Transfer Office for this Certificate.
U.S. BANK NATIONAL ASSOCIATION,
Dallas, Texas, as Paying Agent/Registrar
Registration Date:
______________________________
(e)
By ___________________________________
Authorized Signature
Form of Assignment.
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto
(Print or typewrite name, address and zip code of transferee): __________________________
____________________________________________________________________________
____________________________________________________________________________
(Social Security or other identifying number: ________________________________________
_________________________________) the within Certificate and all rights thereunder, and
hereby irrevocably constitutes and appoints _________________________________________
____________________________________________________________________________
attorney to transfer the within Certificate on the books kept for registration thereof, with full
power of substitution in the premises.
90286414.2/11012034
13
Pg. 266
DATED: _________________________
_________________________________
NOTICE: The signature on this assignment
must correspond with the name of the
Registered Owner as it appears on the face of
the within Certificate in every particular.
Signature guaranteed:
_________________________________
(f)
The Initial Certificate(s) shall be in the form set forth in paragraph (b) of this
Section, except that the form of a single fully registered Initial Certificate shall be modified as
follows:
REGISTERED
NO. T-1
REGISTERED
$___________
STATE OF TEXAS
CERTIFICATE OF OBLIGATION
SERIES 2011
Certificate Date:
January 1, 2011
Registered Owner:
_______________
Principal Amount:
________________________ DOLLARS
itself indebted to and hereby promises to pay to the Registered Owner named above (the
“Registered Owner”), or the registered assigns thereof, on March 1 in each of the years and in
principal installments and bearing interest at per annum rates in accordance with the following
schedule:
YEAR OF
MATURITY
PRINCIPAL
INSTALLMENTS
INTEREST
RATE
(Information to be inserted from schedule in Section 2 hereof.)
(or so much thereof as shall not have been redeemed prior to maturity) and to pay interest
(computed on the basis of a 360-day year consisting of twelve 30-day months) on the unpaid
Principal Amount hereof from the Certificate Date at the per annum rate of interest specified
above; such interest being payable on March 1 and September 1 of each year, commencing
March 1, 2012, until maturity or prior redemption. Principal installments of this Certificate are
payable in the year of maturity or on a redemption date to the registered owner hereof by U.S.
Bank National Association, Dallas, Texas (the “Paying Agent/Registrar”), upon presentation and
90286414.2/11012034
14
Pg. 267
surrender, at its designated offices in St. Paul, Minnesota (the “Designated Payment/Transfer
Office”), or its successor. Interest is payable to the Registered Owner of this Certificate (or one
or more Predecessor Certificates, as defined in the Ordinance hereinafter referenced) whose
name appears on the “Security Register” maintained by the Paying Agent/Registrar at the close
of business on the “Record Date”, which is the 15th day of the month next preceding each interest
payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United
States Mail, first class postage prepaid, to the address of the Registered Owner recorded in the
Security Register on the Record Date or by such other method, acceptable to the Paying
Agent/Registrar, requested by, and at the risk and expense of, the Registered Owner. If the date
for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday,
legal holiday or a day when banking institutions in the city where the Designated
Payment/Transfer Office is located are authorized by law or executive order to close, then the
date for such payment shall be the next succeeding day which is not such a Saturday, Sunday,
legal holiday or day when banking institutions are authorized to close; and payment on such date
shall have the same force and effect as if made on the original date payment was due. All
payments of principal of, premium, if any, and interest on this Certificate shall be without
exchange or collection charges to the Registered Owner hereof and in any coin or currency of the
United States of America which at the time of payment is legal tender for the payment of public
and private debts.
SECTION 10. Definitions. For purposes of this Ordinance, and for clarity with respect to
the issuance of the Certificates and the levy of taxes and appropriation of Net Revenues therefor,
the following words or terms, whenever the same appear herein without qualifying language, are
defined to mean as follows:
(a)
The term “Additional Obligations” shall mean tax and revenue obligations
hereafter issued which by their terms are payable from ad valorem taxes and additionally
payable from and secured by a parity lien on and pledge of the Net Revenues of the
System of equal rank and dignity with the lien and pledge securing the payment of the
Previously Issued Certificates and the Certificates.
(b)
The term “Certificates” shall mean $8,400,000 “City of Weatherford,
Texas Tax and Utility System (Limited Pledge) Revenue Certificates of Obligation,
Series 2011” authorized by this Ordinance.
(c)
The term “Certificate Fund” shall mean the special Fund created and
established under the provisions of Section 11 of this Ordinance.
(d)
The term “Collection Date” shall mean, when reference is being made to
the levy and collection of annual ad valorem taxes, the date annual ad valorem taxes
levied each year by the City become delinquent.
(e)
The term “Fiscal Year” shall mean the twelve month financial accounting
period used by the City in connection with the operation of the Systems which may be
any twelve consecutive month period established by the City.
90286414.2/11012034
15
Pg. 268
(f)
The term “Government Securities” shall mean (i) direct, noncallable
obligations of the United States of America, including obligations the principal of and
interest on which are unconditionally guaranteed by the United States of America,
(ii) noncallable obligations of an agency or instrumentality of the United States, including
obligations unconditionally guaranteed or insured by the agency or instrumentality and,
on the date of their acquisition or purchase by the City, are rated as to investment quality
by a nationally recognized investment rating firm not less than AAA or its equivalent,
and (iii) noncallable obligations of a state or an agency or a county, municipality, or other
political subdivision of a state that have been refunded and that, on the date of their
acquisition or purchase by the City, are rated as to investment quality by a nationally
recognized investment rating firm not less than AAA or its equivalent.
(g)
The term “Gross Revenues” shall mean all income, receipts and revenues
of every nature derived or received from the operation and ownership (excluding
refundable meter deposits, restricted gifts and grants in aid of construction) of the
Systems, including earnings and income derived from the investment or deposit of
moneys in any special funds or accounts created and established for the payment and
security of the Prior Lien Obligations and other obligations payable solely from and
secured only by a lien on and pledge of the Net Revenues.
(h)
The term “Net Revenues” shall mean Gross Revenues of the System, with
respect to any period, after deducting the System's Operating and Maintenance Expenses
during such period.
(i)
The term “Operating and Maintenance Expenses” shall mean all current
expenses of operating and maintaining the Systems, including all salaries, labor,
materials, repairs and extensions necessary to render efficient service; provided, however,
that only such repairs and extensions, as in the judgment of the City Council, reasonably
and fairly exercised, are necessary to maintain the operations and render adequate service
to the City and the inhabitants thereof, or such as might be necessary to meet some
physical accident or condition which would otherwise impair obligations payable from
Net Revenues shall be deducted in determining “Net Revenues”. Depreciation charges
shall not be considered Operating and Maintenance Expenses.
Operating and
Maintenance Expenses shall include payments under contracts for the purchase of water
supply, electric power and energy or natural gas (in the event of the acquisition of a gas
distribution system) or the treatment of sewage and other materials, goods, services or
facilities for the Systems to the extent authorized by law and the provisions of such
contract.
(j)
The term “Outstanding”, when used in this Ordinance with respect to
Certificates, means, as of the date of determination, all Certificates theretofore issued and
delivered under this Ordinance, except:
(1)
those Certificates cancelled by the Paying Agent/Registrar
or delivered to the Paying Agent/Registrar for cancellation;
90286414.2/11012034
16
Pg. 269
(2)
those Certificates deemed to be duly paid by the City in
accordance with the provisions of Section 20 hereof; and
(3)
those Certificates that have been mutilated, destroyed, lost
or stolen and replacement Certificates have been registered and delivered
in lieu thereof as provided in Section 24 hereof.
(k)
The term “Previously Issued Certificates” shall mean the outstanding
“City of Weatherford, Texas, Tax and Utility System (Limited Pledge) Revenue
Certificates of Obligation, Series 2007”, dated May 1, 2007, originally issued in the
principal amount of $46,490,000 and the outstanding “City of Weatherford, Texas, Tax
and Utility System (Limited Pledge) Revenue Certificates of Obligation, Series 2008”,
dated September 1, 2008, originally issued in the principal amount of $3,000,000.
(l)
The term “Prior Lien Obligations” shall mean (i) the outstanding “City of
Weatherford, Texas, Utility System Revenue Refunding Bonds, Series 1996”, dated
February 1, 1996, “City of Weatherford, Texas Utility System Revenue Refunding
Bonds, Series 2005”, dated July 15, 2005, “City of Weatherford, Texas Tax and Utility
System Revenue Bonds, Series 2006”, dated April 15, 2006, “City of Weatherford, Texas
Utility Systems Surplus Revenue Certificates of Obligation, Series 2001”, dated May 15,
2001, “City of Weatherford, Texas Tax and Utility Systems Surplus Revenue Certificates
of Obligation, Series 2003”, dated August 15, 2003, “City of Weatherford, Texas Utility
System Revenue Refunding Bonds, Series 2008”, dated July 1, 2008, and (ii) other
similar obligations hereafter issued that are payable from and secured, in whole or in part,
by a lien on and pledge of the Net Revenues of the System, which is prior in right and
claim to the lien on and pledge of the Net Revenues securing the payment of the
Certificates.
(m)
The term “Utility Systems” or “Systems” or “Utility System” or “System”
shall mean all properties, facilities and plants currently owned, operated and maintained
by the City for the supply, treatment and transmission of treated potable water, the
collection, treatment and disposal of water-carried wastes, and the generation,
transmission, supply and distribution of electrical energy and power and, if and when
acquired, all properties, facilities and plants for the supply, transmission and distribution
of natural gas, together with all future extensions, improvements, replacements and
additions thereto.
SECTION 11. Certificate Fund. For the purpose of paying the interest on and to provide
a sinking fund for the payment, redemption and retirement of the Certificates, there shall be and
is hereby created a special Fund to be designated “SPECIAL SERIES 2011 TAX AND
REVENUE CERTIFICATE OF OBLIGATION FUND” (the “Certificate Fund”), which
Certificate Fund shall be kept and maintained at the depository bank of the City, and moneys
deposited in said Certificate Fund shall be used for no other purpose. The Mayor, Mayor Pro
Tem, City Manager, Assistant City Manager, Chief Financial Officer and City Secretary of the
City, individually or collectively, are hereby authorized and directed to cause to be transferred to
the Paying Agent/Registrar for the Certificates, from funds on deposit in the Certificate Fund,
amounts sufficient to fully pay and discharge promptly each installment of interest and principal
90286414.2/11012034
17
Pg. 270
of the Certificates as the same accrues or matures; such transfers of funds to be made in such
manner as will cause immediately available funds to be deposited with the Paying
Agent/Registrar for the Certificates at the close of business on the last business day next
preceding each interest and/or principal payment date for the Certificates.
Pending the transfer of funds to the Paying Agent/Registrar, money in the Certificate
Fund may, at the option of the City, be invested in obligations identified in, and in accordance
with the City's Investment Policy, as the same may be amended from time to time and the
provisions of the “Public Funds Investment Act” (V.T.C.A., Chapter 2256, Government Code, as
amended) relating to the investment of “bond proceeds”; provided that all such investments shall
be made in such a manner that the money required to be expended from said Fund will be
available at the proper time or times. All interest and income derived from deposits and
investments in said Certificate Fund shall be credited to, and any losses debited to, the said
Certificate Fund. All such investments shall be sold promptly when necessary to prevent any
default in connection with the Certificates.
SECTION 12. Tax Levy.
To provide for the payment of the “Debt Service
Requirements” on the Certificates, being (i) the interest on said Certificates and (ii) a sinking
fund for their redemption at maturity or a sinking fund of 2% (whichever amount shall be the
greater), there shall be and there is hereby levied, within the limitations prescribed by law, for
the current year and each succeeding year thereafter while said Certificates or any interest
thereon shall remain Outstanding, a sufficient tax on each one hundred dollars' valuation of
taxable property in the City, adequate to pay such Debt Service Requirements, full allowance
being made for delinquencies and costs of collection; said tax shall be assessed and collected
each year and applied to the payment of the Debt Service Requirements, and the same shall not
be diverted to any other purpose. The taxes so levied and collected shall be deposited into the
Certificate Fund. This governing body hereby declares its purpose and intent to provide and levy
a tax legally and fully sufficient to pay the Debt Service Requirements, it having been
determined that the existing and available taxing authority of the City for such purpose is
adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness.
The amount of taxes to be provided annually for the payment of the principal of and
interest on the Certificates herein authorized to be issued shall be determined and accomplished
in the following manner:
(a)
Prior to the date the City Council establishes the annual tax rate and passes an
ordinance levying ad valorem taxes each year, the City Council shall determine:
(1)
The amount on deposit in the Certificate Fund after
(a) deducting therefrom the total amount of Debt Service Requirements to
become due on the Certificates prior to the Collection Date for the ad
valorem taxes to be levied and (b) adding thereto the amount of Net
Revenues of the System appropriated and allocated to pay such Debt
Service Requirements prior to the Collection Date for the ad valorem taxes
to be levied.
90286414.2/11012034
18
Pg. 271
(2)
The amount of Net Revenues, if any, appropriated and to be
set aside for the payment of the Debt Service Requirements on the
Certificates between the Collection Date for the taxes then to be levied and
the Collection Date for the taxes to be levied during the next succeeding
calendar year.
(3)
The amount of Debt Service Requirements to become due
and payable on the Certificates between the Collection Date for the taxes
then to be levied and the Collection Date for the taxes to be levied during
the next succeeding calendar year.
(b)
The amount of taxes to be levied annually each year to pay the Debt Service
Requirements on the Certificates shall be the amount established in paragraph (3) above less the
sum total of the amounts established in paragraphs (1) and (2), after taking into consideration
delinquencies and costs of collecting such annual taxes.
SECTION 13. Limited Pledge of Net Revenues. The City hereby covenants and agrees
that subject to the prior lien on and pledge of the Net Revenues to the payment and security of
the Prior Lien Obligations, the Net Revenues of the System in the amount of $1,000 are hereby
irrevocably pledged to the payment of the principal of and interest on the Certificates, and the
limited pledge of $1,000 of the Net Revenues of the System herein made for the payment of the
Certificates shall constitute a lien on the Net Revenues of the System in accordance with the
terms and provisions hereof, and shall be on a parity in all respects with the lien on the Net
Revenues securing the payment of the Previously Issued Certificates and Additional Obligations,
if issued. Furthermore, such lien on and pledge of the Net Revenues securing the payment of the
Certificates shall constitute a lien on the Net Revenues of the System until such time as the City
shall pay all of such $1,000, after which time the pledge shall cease, all in accordance with the
terms and provisions hereof and be valid and binding without further action by the City and
without any filing or recording except for the filing of this Ordinance in the records of the City.
V.T.C.A., Government Code, Chapter 1208, as amended, applies to the issuance of the
Certificates and the pledge of the revenues granted by the City under this Section of this
Ordinance, and such pledge is therefore valid, effective and perfected. If Texas law is amended
at any time while the Certificates are Outstanding and unpaid such that the pledge of the
revenues granted by the City under this Section of this Ordinance is to be subject to the filing
requirements of V.T.C.A., Chapter 9, Business & Commerce Code, as amended, then in order to
preserve to the Holders of the Certificates the perfection of the security interest in said pledge,
the City agrees to take such measures as it determines are reasonable and necessary under Texas
law to comply with the applicable provisions of V.T.C.A., Chapter 9, Business & Commerce
Code, as amended, and enable a filing to perfect the security interest in said pledge to occur.
SECTION 14. System Fund. The City hereby covenants and agrees that all Gross
Revenues (excluding earnings from the investment of money held in any special funds or
accounts created for the payment and security of Prior Lien Obligations) shall be deposited from
day to day as collected into a “Utility Systems Fund” (hereinafter called the “System Fund”)
which System Fund shall be kept separate and apart from all other funds, accounts and moneys
of the City, and shall be maintained at an official depository bank of the City. All moneys
90286414.2/11012034
19
Pg. 272
deposited in the System Fund shall be pledged and appropriated to the extent required for the
following purposes and in the order of priority shown, to wit:
First.
To the payment of all necessary and reasonable
Operating and Maintenance Expenses of the System as defined herein or
required by statute to be a first charge on and claim against the Gross
Revenues of the System.
Second. To the payment of the amounts required to be deposited
in the special Funds created and established for the payment, security and
benefit of Prior Lien Obligations in accordance with the terms and
provisions of the ordinances authorizing the issuance of Prior Lien
Obligations.
Third.
To the payment, equally and ratably, of the limited
amounts pledged to the payment of the Previously Issued Certificates, the
Certificates and Additional Obligations, if issued.
Any Net Revenues remaining in the System Fund after satisfying the foregoing
payments, or making adequate and sufficient provision for the payment thereof, may be
appropriated and used for any other City purpose now or hereafter permitted by law.
SECTION 15. Deposits to Certificate Fund. The City hereby covenants and agrees to
cause to be deposited in the Certificate Fund from the pledged Net Revenues in the System Fund,
the amount of $1,000.
The City covenants and agrees that the amount of pledged Net Revenues ($1,000),
together with ad valorem taxes levied, collected and deposited in the Certificate Fund for and on
behalf of the Certificates, will be an amount equal to one hundred percent (100%) of the amount
required to fully pay the interest and principal due and payable on the Certificates. In addition,
any surplus proceeds from the sale of the Certificates not expended for authorized purposes shall
be deposited in the Certificate Fund, or another fund created for the payment of the principal of
and interest on any Certificate, and such amounts so deposited shall reduce the sums otherwise
required to be deposited in the Certificate Fund from ad valorem taxes and the Net Revenues.
SECTION 16. Security of Funds. All moneys on deposit in the Funds for which this
Ordinance makes provision (except any portion thereof as may be at any time properly invested)
shall be secured in the manner and to the fullest extent required by the laws of the State of Texas
for the security of public funds, and moneys on deposit in such Funds shall be used only for the
purposes permitted by this Ordinance.
SECTION 17. Special Covenants. The City hereby further covenants as follows:
(a)
It has the lawful power to pledge the Net Revenues of the System
supporting this issue of Certificates and has lawfully exercised said powers under the
Constitution and laws of the State of Texas, including said power existing under
V.T.C.A., Local Government Code, Subchapter C of Chapter 271, as amended, and
V.T.C.A., Chapter 1502, Government Code, as amended.
90286414.2/11012034
20
Pg. 273
(b)
Other than for the payment of the outstanding Prior Lien Obligations, the
outstanding Previously Issued Certificates and the Certificates, the Net Revenues of the
System have not in any manner been pledged to the payment of any debt or obligation of
the City or of the System.
SECTION 18. Issuance of Prior Lien Obligations and Additional Obligations. The City
hereby expressly reserves the right to hereafter issue Prior Lien Obligations, without limitation as
to principal amount, but subject to any terms, conditions or restrictions applicable thereto under
law or otherwise. Prior Lien Obligations hereafter issued may be payable, in whole or in part,
from the Net Revenues (without impairment of the obligation of contract with the Holders of the
Certificates) upon such terms and conditions as the City Council may determine.
In addition, the City reserves the right to issue Additional Obligations, without limitation
or any restriction or condition being applicable to their issuance under the terms of this
Ordinance, payable from and secured by a lien on and pledge of the Net Revenues of the System
of equal rank and dignity, and on a parity in all respects, with the lien thereon and pledge thereof
securing the payment of the Previously Issued Certificates and the Certificates.
SECTION 19. Subordinate to Prior Lien Obligations, Covenants and Agreements. It is
the intention of this governing body and accordingly hereby recognized and stipulated that the
provisions, agreements and covenants contained herein bearing upon the management and
operations of the System and the administering and application of revenues derived from the
operation thereof, shall to the extent possible be harmonized with like provisions, agreements
and covenants contained in the ordinances authorizing the issuance of the Prior Lien Obligations,
and to the extent of any irreconcilable conflict between the provisions contained herein and in
the ordinances authorizing the issuance of the Prior Lien Obligations, the provisions, agreements
and covenants contained therein shall prevail to the extent of such conflict and be applicable to
this Ordinance but in all respects subject to the priority of rights and benefits, if any, conferred
thereby to the holders or owners of the Prior Lien Obligations. Notwithstanding the above, any
change or modification affecting the application of revenues derived from the operation of the
System shall not impair the obligation of contract with respect to the pledge of revenues herein
made for the payment and security of the Certificates.
SECTION 20. Satisfaction of Obligation of City. If the City shall pay or cause to be
paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and
interest on the Certificates, at the times and in the manner stipulated in this Ordinance, then the
pledge of taxes levied and the lien on and pledge of the Net Revenues of the System under this
Ordinance and all covenants, agreements and other obligations of the City to the Holders shall
thereupon cease, terminate and be discharged and satisfied.
Certificates shall be deemed to have been paid within the meaning and with the effect
expressed above in this Section when (i) money sufficient to pay in full such Certificates or the
principal amount(s) thereof at maturity or the redemption date therefor, together with all interest
due thereon, shall have been irrevocably deposited with and held in trust by the Paying
Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities shall have been
irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent,
which Government Securities have been certified by an independent accounting firm to mature
90286414.2/11012034
21
Pg. 274
as to principal and interest in such amounts and at such times as will insure the availability,
without reinvestment, of sufficient money, together with any moneys deposited therewith, if any,
to pay when due the principal of and interest on such Certificates, or the principal amount(s)
thereof, on and prior to the Stated Maturity thereof or, if notice of redemption has been duly
given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar
have been made, the redemption date thereof. The City covenants that no deposit of moneys or
Government Securities will be made under this Section and no use will be made of any such
deposit which would cause the Certificates to be treated as “arbitrage bonds” within the meaning
of Section 148 of the Internal Revenue Code of 1986, as amended, or regulations adopted
pursuant thereto.
Any moneys so deposited with the Paying Agent/Registrar, or an authorized escrow
agent, and all income from Government Securities held in trust by the Paying Agent/Registrar, or
an authorized escrow agent, pursuant to this Section which is not required for the payment of the
Certificates, or any principal amount(s) thereof, or interest thereon with respect to which such
moneys have been so deposited, shall be remitted to the City or deposited as directed by the City.
Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of
and interest on the Certificates and remaining unclaimed for a period of three (3) years after the
Stated Maturity, or applicable redemption date, of the Certificates such moneys were deposited
and are held in trust to pay shall, upon the request of the City, be remitted to the City against a
written receipt therefor. Notwithstanding the above and foregoing, any remittance of funds from
the Paying Agent/Registrar to the City shall be subject to any applicable unclaimed property laws
of the State of Texas.
SECTION 21. Ordinance a Contract - Amendments. This Ordinance shall constitute a
contract with the Holders from time to time, be binding on the City, and shall not be amended or
repealed by the City so long as any Certificate remains Outstanding except as permitted in this
Section and in Section 29 hereof. The City may, without the consent of or notice to any Holders
of the Certificates, from time to time and at any time, amend this Ordinance in any manner not
detrimental to the interests of the Holders of the Certificates, including the curing of any
ambiguity, inconsistency or formal defect or omission herein. In addition, the City may, with the
written consent of Holders of the Certificates holding a majority in aggregate principal amount of
the Certificates then Outstanding affected thereby, amend, add to or rescind any of the provisions
of this Ordinance; provided that, without the consent of all Holders of Outstanding Certificates,
no such amendment, addition or rescission shall (1) extend the time or times of payment of the
principal of, premium, if any, and interest on the Certificates, reduce the principal amount
thereof, or the rate of interest thereon, or in any other way modify the terms of payment of the
principal of, premium, if any, or interest on the Certificates, (2) give any preference to any
Certificate over any other Certificate, or (3) reduce the aggregate principal amount of Certificates
required to be held by Holders for consent to any such amendment, addition or rescission.
SECTION 22. Notices to Holders - Waivers. Wherever this Ordinance provides for
notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein
expressly provided) if in writing and sent by United States Mail, first class postage prepaid, to
the address of each Holder appearing in the Security Register at the close of business on the
business day next preceding the mailing of such notice.
90286414.2/11012034
22
Pg. 275
In any case where notice to Holders is given by mail, neither the failure to mail such
notice to any particular Holders, nor any defect in any notice so mailed, shall affect the
sufficiency of such notice with respect to all other Certificates. Where this Ordinance provides
for notice in any manner, such notice may be waived in writing by the Holder entitled to receive
such notice, either before or after the event with respect to which such notice is given, and such
waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with
the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of
any action taken in reliance upon such waiver.
SECTION 23. Cancellation. Certificates surrendered for payment, redemption, transfer
or exchange, if surrendered to the Paying Agent/Registrar, shall be promptly cancelled by it and,
if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already
cancelled, shall be promptly cancelled by the Paying Agent/Registrar. The City may at any time
deliver to the Paying Agent/Registrar for cancellation any Certificates previously certified or
registered and delivered which the City may have acquired in any manner whatsoever, and all
Certificates so delivered shall be promptly cancelled by the Paying Agent/Registrar. All
cancelled Certificates held by the Paying Agent/Registrar shall be returned to the City.
SECTION 24. Mutilated, Destroyed, Lost and Stolen Certificates. In case any Certificate
shall be mutilated, destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver
a replacement Certificate of like form and tenor, and in the same denomination and bearing a
number not contemporaneously outstanding, in exchange and substitution for such mutilated
Certificate, or in lieu of and in substitution for such destroyed, lost or stolen Certificate, only
upon the approval of the City and after (i) the filing by the Holder thereof with the Paying
Agent/Registrar of evidence satisfactory to the Paying Agent/Registrar of the destruction, loss or
theft of such Certificate, and of the authenticity of the ownership thereof and (ii) the furnishing
to the Paying Agent/Registrar of indemnification in an amount satisfactory to hold the City and
the Paying Agent/Registrar harmless. All expenses and charges associated with such indemnity
and with the preparation, execution and delivery of a replacement Certificate shall be borne by
the Holder of the Certificate mutilated, destroyed, lost or stolen.
Every replacement Certificate issued pursuant to this Section shall be a valid and binding
obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all
other Outstanding Certificates, notwithstanding the enforceability of payment by anyone of the
destroyed, lost or stolen Certificates.
The provisions of this Section are exclusive and shall preclude (to the extent lawful) all
other rights and remedies with respect to the replacement and payment of mutilated, destroyed,
lost or stolen Certificates.
SECTION 25. Covenants to Maintain Tax-Exempt Status.
(a)
meanings:
Definitions. When used in this Section, the following terms have the following
“Closing Date” means the date on which the Certificates are first
authenticated and delivered to the initial purchasers against payment therefor.
90286414.2/11012034
23
Pg. 276
“Code” means the Internal Revenue Code of 1986, as amended by all
legislation, if any, effective on or before the Closing Date.
“Computation Date” has the meaning set forth in Section 1.148-1(b) of the
Regulations.
“Gross Proceeds” means any proceeds as defined in Section 1.148-1(b) of
the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of
the Regulations, of the Certificates.
“Investment” has the meaning set forth in Section 1.148-1(b) of the
Regulations.
“Nonpurpose Investment” means any investment property, as defined in
Section 148(b) of the Code, in which Gross Proceeds of the Certificates are
invested and which is not acquired to carry out the governmental purposes of the
Certificates.
“Rebate Amount” has the meaning set forth in Section 1.148-1(b) of the
Regulations.
“Regulations” means any proposed, temporary or final Income Tax
Regulations issued pursuant to Sections 103 and 141 through 150 of the Code,
and 103 of the Internal Revenue Code of 1954, which are applicable to the
Certificates. Any reference to any specific Regulation shall also mean, as
appropriate, any proposed, temporary or final Income Tax Regulation designed to
supplement, amend or replace the specific Regulation referenced.
“Yield” of (1) any Investment has the meaning set forth in Section 1.148-5
of the Regulations and (2) the Certificates has the meaning set forth in Section
1.148-4 of the Regulations.
(b)
Not to Cause Interest to Become Taxable. The City shall not use, permit the use
of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition,
construction or improvement of which is to be financed directly or indirectly with Gross
Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any
Certificate to become includable in the gross income, as defined in Section 61 of the Code, of the
Holder thereof for federal income tax purposes. Without limiting the generality of the foregoing,
unless and until the City receives a written opinion of counsel nationally recognized in the field
of municipal bond law to the effect that failure to comply with such covenant will not adversely
affect the exemption from federal income tax of the interest on any Certificate, the City shall
comply with each of the specific covenants in this Section.
(c)
No Private Use or Private Payments. Except as permitted by Section 141 of the
Code and the Regulations and rulings thereunder, the City shall at all times prior to the last
Stated Maturity of Certificates:
90286414.2/11012034
24
Pg. 277
(1)
exclusively own, operate and possess all property the
acquisition, construction or improvement of which is to be financed or
refinanced directly or indirectly with Gross Proceeds of the Certificates,
and not use or permit the use of such Gross Proceeds (including all
contractual arrangements with terms different than those applicable to the
general public) or any property acquired, constructed or improved with
such Gross Proceeds in any activity carried on by any person or entity
(including the United States or any agency, department and
instrumentality thereof) other than a state or local government, unless such
use is solely as a member of the general public; and
(2)
not directly or indirectly impose or accept any charge or
other payment by any person or entity who is treated as using Gross
Proceeds of the Certificates or any property the acquisition, construction
or improvement of which is to be financed or refinanced directly or
indirectly with such Gross Proceeds, other than taxes of general
application within the City or interest earned on investments acquired with
such Gross Proceeds pending application for their intended purposes.
(d)
No Private Loan. Except to the extent permitted by Section 141 of the Code and
the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Certificates
to make or finance loans to any person or entity other than a state or local government. For
purposes of the foregoing covenant, such Gross Proceeds are considered to be “loaned” to a
person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is
sold or leased to such person or entity in a transaction which creates a debt for federal income tax
purposes; (2) capacity in or service from such property is committed to such person or entity
under a take-or-pay, output or similar contract or arrangement; or (3) indirect benefits, or
burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed
or improved with such Gross Proceeds are otherwise transferred in a transaction which is the
economic equivalent of a loan.
(e)
Not to Invest at Higher Yield. Except to the extent permitted by Section 148 of
the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the
final Stated Maturity of the Certificates directly or indirectly invest Gross Proceeds in any
Investment (or use Gross Proceeds to replace money so invested), if as a result of such
investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or
with money replaced thereby), whether then held or previously disposed of, exceeds the Yield of
the Certificates.
(f)
Not Federally Guaranteed. Except to the extent permitted by Section 149(b) of
the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any
action which would cause the Certificates to be federally guaranteed within the meaning of
Section 149(b) of the Code and the Regulations and rulings thereunder.
(g)
Information Report. The City shall timely file the information required by
Section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other
form and in such place as the Secretary may prescribe.
90286414.2/11012034
25
Pg. 278
(h)
Rebate of Arbitrage Profits. Except to the extent otherwise provided in Section
148(f) of the Code and the Regulations and rulings thereunder:
(1)
The City shall account for all Gross Proceeds (including all
receipts, expenditures and investments thereof) on its books of account
separately and apart from all other funds (and receipts, expenditures and
investments thereof) and shall retain all records of accounting for at least
six years after the day on which the last outstanding Certificate is
discharged. However, to the extent permitted by law, the City may
commingle Gross Proceeds of the Certificates with other money of the
City, provided that the City separately accounts for each receipt and
expenditure of Gross Proceeds and the obligations acquired therewith.
(2)
Not less frequently than each Computation Date, the City
shall calculate the Rebate Amount in accordance with rules set forth in
Section 148(f) of the Code and the Regulations and rulings thereunder.
The City shall maintain such calculations with its official transcript of
proceedings relating to the issuance of the Certificates until six years after
the final Computation Date.
(3)
As additional consideration for the purchase of the
Certificates by the Purchasers and the loan of the money represented
thereby, and in order to induce such purchase by measures designed to
insure the excludability of the interest thereon from the gross income of
the owners thereof for federal income tax purposes, the City shall pay to
the United States out of the Certificate Fund or its general fund, as
permitted by applicable Texas statute, regulation or opinion of the
Attorney General of the State of Texas, the amount that when added to the
future value of previous rebate payments made for the Certificates equals
(i) in the case of a Final Computation Date as defined in Section 1.1483(e)(2) of the Regulations, one hundred percent (100%) of the Rebate
Amount on such date; and (ii) in the case of any other Computation Date,
ninety percent (90%) of the Rebate Amount on such date. In all cases, the
rebate payments shall be made at the times, in the installments, to the
place and in the manner as is or may be required by Section 148(f) of the
Code and the Regulations and rulings thereunder, and shall be
accompanied by Form 8038-T or such other forms and information as is or
may be required by Section 148(f) of the Code and the Regulations and
rulings thereunder.
(4)
The City shall exercise reasonable diligence to assure that
no errors are made in the calculations and payments required by
paragraphs (2) and (3) and, if an error is made, to discover and promptly
correct such error within a reasonable amount of time thereafter (and in all
events within one hundred eighty (180) days after discovery of the error),
including payment to the United States of any additional Rebate Amount
90286414.2/11012034
26
Pg. 279
owed to it, interest thereon, and any penalty imposed under Section 1.1483(h) of the Regulations.
(i)
Not to Divert Arbitrage Profits. Except to the extent permitted by Section 148 of
the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the
earlier of the Stated Maturity or final payment of the Certificates, enter into any transaction that
reduces the amount required to be paid to the United States pursuant to Subsection (h) of this
Section because such transaction results in a smaller profit or a larger loss than would have
resulted if the transaction had been at arm's length and had the Yield of the Certificates not been
relevant to either party.
(j)
Elections. The City hereby directs and authorizes the Mayor, Mayor Pro Tem,
City Manager, Assistant City Manager, Chief Financial Officer and City Secretary, either or any
combination of them, to make elections permitted or required pursuant to the provisions of the
Code or the Regulations, as they deem necessary or appropriate in connection with the
Certificates, in the Certificate as to Tax Exemption or similar or other appropriate certificate,
form or document.
(k)
Qualified Tax-Exempt Obligations. In accordance with the provisions of
paragraph (3) of subsection (b) of Section 265 of the Code, the City hereby designates the
Certificates to be “qualified tax-exempt obligations” in that the Certificates are not “private
activity bonds” as defined in the Code and the reasonably anticipated amount of “qualified taxexempt obligations” to be issued by the City (including all subordinate entities of the City) for
the calendar year 2011 will not exceed $10,000,000.
SECTION 26. Sale of the Certificates – Official Statement Approval. The Certificates
authorized by this Ordinance are hereby sold by the City to _____________________
(collectively herein referred to as the “Underwriters”) in accordance with the [Purchase
Agreement], dated December 14, 2010, attached hereto as Exhibit B and incorporated herein by
reference as a part of this Ordinance for all purposes. The Mayor or Mayor Pro Tem is hereby
authorized and directed to execute said Purchase Agreement for and on behalf of the City and as
the act and deed of this City Council, and in regard to the approval and execution of the Purchase
Agreement, the City Council hereby finds, determines and declares that the representations,
warranties and agreements of the City contained in the Purchase Agreement are true and correct
in all material respects and shall be honored and performed by the City.
Furthermore, the use of the Preliminary Official Statement by the Underwriters in
connection with the public offering and sale of the Certificates is hereby ratified, confirmed and
approved in all respects. The final Official Statement, which reflects the terms of sale (together
with such changes approved by the Mayor, Mayor Pro Tem, City Manager, Chief Financial
Officer or City Secretary, one or more of said officials), shall be and is hereby in all respects
approved and the Underwriters are hereby authorized to use and distribute said final Official
Statement, dated December 14, 2010, in the reoffering, sale and delivery of the Certificates to the
public. The Mayor and City Secretary are further authorized and directed to manually execute
and deliver for and on behalf of the City copies of said Official Statement in final form as may
be required by the Underwriters, and such final Official Statement in the form and content
90286414.2/11012034
27
Pg. 280
manually executed by said officials shall be deemed to be approved by the City Council and
constitute the Official Statement authorized for distribution and use by the Underwriters.
SECTION 27. Proceeds of Sale. The proceeds of sale of the Certificates, less amounts to
pay costs of issuance, shall be deposited in a construction fund maintained at a City depository.
Pending expenditure for authorized projects and purposes, such proceeds of sale may be invested
in authorized investments in accordance with the provisions of V.T.C.A., Government Code,
Chapter 2256, including guaranteed investment contracts permitted by V.T.C.A., Section
2256.015, and the City’s investment policies and guidelines, and any investment earnings
realized may be expended for such authorized projects and purposes or deposited in the
Certificate Fund as shall be determined by the City Council. Any surplus proceeds of sale of the
Certificates, including investment earnings, remaining after completion of all authorized projects
or purposes shall be deposited to the credit of the Certificate Fund.
SECTION 28. Continuing Disclosure Undertaking.
(a)
Definitions. As used in this Section, the following terms have the meanings
ascribed to such terms below:
“MSRB” means the Municipal Securities Rulemaking Board.
“Rule” means SEC Rule 15c2 12, as amended from time to time.
“SEC” means the United States Securities and Exchange Commission.
(b)
Annual Reports. The City shall provide annually to the MSRB (1) within six
months after the end of each fiscal year, beginning in or after 2011, financial information and
operating data with respect to the City of the general type included in the final Official Statement
approved in Section 26 of this Ordinance, being the information described in Exhibit C hereto,
and (2) if not provided as part of such financial information and operating data, audited financial
statements of the City, when and if available. Any financial statements so provided shall be
prepared in accordance with the accounting principles described in Exhibit C hereto, or such
other accounting principles as the City may be required to employ from time to time pursuant to
state law or regulation, and audited, if the City commissions an audit of such statements and the
audit is completed within the period during which they must be provided.
If the City changes its fiscal year, it will notify the MSRB of the change (and of the date
of the new fiscal year end) prior to the next date by which the City otherwise would be required
to provide financial information and operating data pursuant to this Section.
The financial information and operating data to be provided pursuant to this Section may
be set forth in full in one or more documents or may be included by specific reference to any
document available to the public on the MSRB’s Internet Web site or filed with the SEC.
(c)
Material Event Notices. The City shall provide notice of any of the following
events with respect to the Certificates to the MSRB in a timely manner and not more than 10
business days after occurrence of the event:
90286414.2/11012034
28
Pg. 281
1.
Principal and interest payment delinquencies;
2.
Non-payment related defaults, if material;
3.
Unscheduled draws on debt service reserves reflecting financial
difficulties;
4.
Unscheduled
difficulties;
5.
Substitution of credit or liquidity providers, or their failure to perform;
6.
Adverse tax opinions, the issuance by the Internal Revenue Service of
proposed or final determinations of taxability, Notices of Proposed Issue
(IRS Form 5701-TEB), or other material notices or determinations with
respect to the tax-exempt status of the Certificates, or other material events
affecting the tax status of the Certificates;
7.
Modifications to rights of holders of the Certificates, if material;
8.
Certificate calls, if material, and tender offers;
9.
Defeasances;
10.
Release, substitution, or sale of property securing repayment of the
Certificates, if material;
11.
Rating changes;
12.
Bankruptcy, insolvency, receivership, or similar event of the City, which
shall occur as described below;
13.
The consummation of a merger, consolidation, or acquisition involving the
City or the sale of all or substantially all of its assets, other than in the
ordinary course of business, the entry into of a definitive agreement to
undertake such an action or the termination of a definitive agreement
relating to any such actions, other than pursuant to its terms, if material;
and
14.
Appointment of a successor or additional trustee or the change of name of
a trustee, if material.
draws
on
credit
enhancements
reflecting
financial
For these purposes, any event described in the immediately preceding subsection (c)12 is
considered to occur when any of the following occur: the appointment of a receiver, fiscal agent,
or similar officer for the City in a proceeding under the United States Bankruptcy Code or in any
other proceeding under state or federal law in which a court or governmental authority has
assumed jurisdiction over substantially all of the assets or business of the City, or if such
jurisdiction has been assumed by leaving the existing governing body and officials or officers in
possession but subject to the supervision and orders of a court or governmental authority, or the
entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or
governmental authority having supervision or jurisdiction over substantially all of the assets or
business of the City.
90286414.2/11012034
29
Pg. 282
The City shall notify the MSRB, in a timely manner, of any failure by the City to provide
financial information or operating data in accordance with subsection (b) of this Section by the
time required by such Section.
(d)
Filings with the MSRB. All financial information, operating data, financial
statements, notices and other documents provided to the MSRB in accordance with this Section
shall be provided in an electronic format prescribed by the MSRB and shall be accompanied by
identifying information as prescribed by the MSRB.
(e)
Limitations, Disclaimers, and Amendments. The City shall be obligated to
observe and perform the covenants specified in this Section while, but only while, the City
remains an “obligated person” with respect to the Certificates within the meaning of the Rule,
except that the City in any event will give the notice required by subsection (c) hereof of any
Certificate calls and defeasance that cause the City to be no longer such an “obligated person.”
The provisions of this Section are for the sole benefit of the Holders and beneficial
owners of the Certificates, and nothing in this Section, express or implied, shall give any benefit
or any legal or equitable right, remedy, or claim hereunder to any other person. The City
undertakes to provide only the financial information, operating data, financial statements, and
notices which it has expressly agreed to provide pursuant to this Section and does not hereby
undertake to provide any other information that may be relevant or material to a complete
presentation of the City’s financial results, condition, or prospects or hereby undertake to update
any information provided in accordance with this Section or otherwise, except as expressly
provided herein. The City does not make any representation or warranty concerning such
information or its usefulness to a decision to invest in or sell Certificates at any future date.
UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER
OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN
CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM
ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS
PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND
REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT
OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR
SPECIFIC PERFORMANCE.
No default by the City in observing or performing its obligations under this Section shall
constitute a breach of or default under this Ordinance for purposes of any other provision of this
Ordinance.
Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the
duties of the City under federal and state securities laws.
Notwithstanding anything to the contrary in this Ordinance, the provisions of this Section
may be amended by the City from time to time to adapt to changed circumstances resulting from
a change in legal requirements, a change in law, or a change in the identity, nature, status, or type
of operations of the City, but only if (1) the provisions of this Section, as so amended, would
have permitted an underwriter to purchase or sell Certificates in the primary offering of the
90286414.2/11012034
30
Pg. 283
Certificates in compliance with the Rule, taking into account any amendments or interpretations
of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either
(a) the Holders of a majority in aggregate principal amount (or any greater amount required by
any other provision of this Ordinance that authorizes such an amendment) of the Outstanding
Certificates consent to such amendment or (b) a Person that is unaffiliated with the City (such as
nationally recognized bond counsel) determines that such amendment will not materially impair
the interests of the Holders and beneficial owners of the Certificates. The provisions of this
Section may also be amended from time to time or repealed by the City if the SEC amends or
repeals the applicable provisions of the Rule or a court of final jurisdiction determines that such
provisions are invalid, but only if and to the extent that reservation of the City’s right to do so
would not prevent underwriters of the initial public offering of the Certificates from lawfully
purchasing or selling Certificates in such offering. If the City so amends the provisions of this
Section, it shall include with any amended financial information or operating data next provided
pursuant to subsection (b) hereof an explanation, in narrative form, of the reasons for the
amendment and of the impact of any change in the type of financial information or operating
data so provided.
SECTION 29. Control and Custody of Certificates. The Mayor of the City shall be and is
hereby authorized to take and have charge of all necessary orders and records pending
investigation by the Attorney General of the State of Texas, including the printing of the
Certificates, and shall take and have charge and control of the Initial Certificate pending the
approval thereof by the Attorney General, the registration thereof by the Comptroller of Public
Accounts and the delivery thereof to the Purchaser.
SECTION 30. Further Procedures. The Mayor of the City shall be and is hereby
authorized to take and have charge of all necessary orders and records pending investigation by
the Attorney General of the State of Texas, including the printing of the Certificates, and shall
take and have charge and control of the Initial Certificate(s) pending the approval thereof by the
Attorney General, the registration thereof by the Comptroller of Public Accounts and the
delivery thereof to the Purchaser.
Furthermore, any one or more of the Mayor, Mayor Pro Tem, City Manager, Assistant
City Manager, Chief Financial Officer and City Secretary are hereby expressly authorized,
empowered and directed from time to time and at any time to do and perform all such acts and
things and to execute, acknowledge and deliver in the name and on behalf of the City all
agreements, instruments, certificates or other documents, whether mentioned herein or not, as
may be necessary or desirable in order to carry out the terms and provisions of this Ordinance
and the issuance of the Certificates. In addition, prior to the initial delivery of the Certificates,
the Mayor, Mayor Pro Tem, City Manager, Assistant City Manager, Chief Financial Officer,
City Secretary or Bond Counsel to the District are each hereby authorized and directed to
approve any technical changes or corrections to this Ordinance or to any of the documents
authorized and approved by this Ordinance: (i) in order to cure any technical ambiguity, formal
defect, or omission in the Ordinance or such other document; or (ii) as requested by the Attorney
General of the State of Texas or his representative to obtain the approval of the Certificates by
the Attorney General. In the event that any officer of the City whose signature shall appear on
any document shall cease to be such officer before the delivery of such document, such signature
90286414.2/11012034
31
Pg. 284
nevertheless shall be valid and sufficient for all purposes the same as if such officer had
remained in office until such delivery.
SECTION 31. Bond Counsel’s Opinion. The Purchasers’ obligation to accept delivery of
the Certificates is subject to being furnished a final opinion of Fulbright & Jaworski L.L.P.,
Dallas, Texas, approving the Certificates as to their validity, said opinion to be dated and
delivered as of the date of delivery and payment for the Certificates. An executed counterpart of
said opinion shall accompany the global certificates deposited with DTC or a true and correct
reproduction thereof shall be printed on the definitive Certificates in the event the book-entryonly system shall be discontinued.
SECTION 32. CUSIP Numbers. CUSIP numbers may be printed or typed on the
definitive Certificates. It is expressly provided, however, that the presence or absence of CUSIP
numbers on the definitive Certificates shall be of no significance or effect as regards the legality
thereof, and neither the City nor attorneys approving said Certificates as to legality are to be held
responsible for CUSIP numbers incorrectly printed or typed on the definitive Certificates.
SECTION 33. Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is
intended or shall be construed to confer upon any person other than the City, the Paying
Agent/Registrar and the Holders, any right, remedy, or claim, legal or equitable, under or by
reason of this Ordinance or any provision hereof, this Ordinance and all its provisions is intended
to be and being for the sole and exclusive benefit of the City, the Paying Agent/Registrar and the
Holders.
SECTION 34. Inconsistent Provisions. Subject to Section 19 hereof, all ordinances,
orders or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of
this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this
Ordinance shall be and remain controlling as to the matters contained herein.
SECTION 35. Governing Law. This Ordinance shall be construed and enforced in
accordance with the laws of the State of Texas and the United States of America.
The findings and
SECTION 36. Incorporation of Findings and Determinations.
determinations of the City Council contained in the preamble hereof are hereby incorporated by
reference and made a part of this Ordinance for all purposes as if the same were restated in full in
this Section.
SECTION 37. Severability. If any provision of this Ordinance or the application thereof
to any circumstance shall be held to be invalid, the remainder of this Ordinance and the
application thereof to other circumstances shall nevertheless be valid, and the City Council
hereby declares that this Ordinance would have been enacted without such invalid provision.
SECTION 38. Effect of Headings. The Section headings herein are for convenience of
reference only and shall not affect the construction hereof.
SECTION 39. Construction of Terms. If appropriate in the context of this Ordinance,
words of the singular number shall be considered to include the plural, words of the plural
90286414.2/11012034
32
Pg. 285
number shall be considered to include the singular, and words of the masculine, feminine or
neuter gender shall be considered to include the other genders.
SECTION 40. Public Meeting. It is officially found, determined and declared that the
meeting at which this Ordinance is adopted was open to the public and public notice of the time,
place and subject matter of the public business to be considered at such meeting, including this
Ordinance, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended.
SECTION 41. Effective Date.
In accordance with the provisions of V.T.C.A.,
Government Code, Section 1201.028, as amended, this Ordinance shall be in force and effect
from and after its passage on the date shown below and it is so ordained.
90286414.2/11012034
33
Pg. 286
PASSED AND ADOPTED, this December 14, 2010.
___________________________________
Mayor
ATTEST:
______________________________
City Secretary
(City Seal)
90286414.2/11012034
S-1
Pg. 287
EXHIBIT A
PAYING AGENT/REGISTRAR AGREEMENT
90286414.2/11012034
A-1
Pg. 288
EXHIBIT B
PURCHASE AGREEMENT
90286414.2/11012034
B-1
Pg. 289
EXHIBIT C
DESCRIPTION OF ANNUAL FINANCIAL INFORMATION
The following information is referred to in Section 28 of this Ordinance.
Annual Financial Information and Operating Data
The financial information and operating data with respect to the City to be provided
annually in accordance with such Section are as specified (and included in the Appendix or
under the headings of the Official Statement referred to) below:
1.
The financial statements of the City, portions of which are appended to the
Official Statement as Appendix B for the most recently concluded fiscal year.
2.
Statement.
The information included in Tables 1 through 6 and 8 through 15 in the Official
Accounting Principles
The accounting principles referred to in such Section are generally those described in
Appendix B to the Official Statement, as such principles may be changed from time to time to
comply with state law or regulation.
90286414.2/11012034
B-1
Pg. 290

12/14/2010 CC Agenda

Transcription

Similar documents

AIRSOFT minefield game copy

parathom - Stillwaters Law Firm

Official Zoning Map - Town of Carlton Landing

Board of Zoning Appeals Variance Application BEGINNING JULY 1

MLK - Landcroc

Certificate of Registration Evans Chemetics LP

Creekside at Berkeley Hills

ISO 9001

Certificate of Registration Glasseal Products Inc.