Codified through
Ordinance(s) of April 6, 2000.
Chapter 1 GENERAL PROVISIONS
ARTICLE 1.100. CODE OF ORDINANCES*
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*State law reference(s)--Authority of municipality to codify ordinances, V.T.C.A., Local Government Code ch. 53.
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Sec. 1.101. Designation and citation of Code.
The ordinances embraced in this and the following chapters, articles and sections shall constitute and be designated the "Code of Ordinances, 2000, City of Ponder, Texas," and may be so cited.
Sec. 1.102. Catchlines of articles and sections.
The catchlines of the several articles and sections of this Code are intended as mere catchwords to indicate the contents of the article section and shall not be deemed or taken to be titles of such articles and sections, nor as any part of the articles and sections, nor, unless expressly so provided, shall they be so deemed when any of such articles and sections, including the catchlines, are amended or reenacted.
Sec. 1.103. Definitions and rules of construction.
In the construction of this Code, and of all ordinances and resolutions passed by the city council, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council:
Generally. Words shall be construed in their common and usual significance unless the contrary is clearly indicated.
City. The words "the city" or "this city" shall be the City of Ponder, the County of Denton and the State of Texas. As used herein, "city" and "town" may be used interchangeably.
City councilmember. As used herein, shall refer to a member of the governing body of the City of Ponder, Texas.
City council. Shall refer to the governing body of the City of Ponder. The terms "governing body" and "board of aldermen" shall mean the city council.
City manager, city secretary and other city officers or departments. Shall be construed to mean the city manager, city secretary or such other municipal officers or departments, respectively, of the City of Ponder, Texas. Reference to an officer or employee by title shall include his or her duly authorized assistants or representatives.
Computation of time. Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be had, the day on which such notice is given or such act is done shall be counted in computing the time, but the day on which such proceeding is to be had shall not be counted.
Council. Whenever the term "council," "this council," or "the council" is used, it shall mean the city council of the City of Ponder, Texas.
County. The term "county" or "this county" shall mean the County of Denton, Texas.
Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships, associations and corporations as well as to males.
Month. Shall mean a calendar month.
Number. Any word importing the singular number shall include the plural and any word importing the plural number shall include the singular.
Oath. Shall be construed to include an affirmation in all cases in which, by law, an affirmation may be submitted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."
Official time standard. Whenever certain hours are named herein, they shall mean standard time or daylight savings time as may be in current use in the city.
Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.
Person. The word "person" shall extend and be applied to associations, corporations, firms, partnerships, fiduciaries, representatives and bodies politic and corporate as well as to individuals.
Preceding and following. Shall mean next before and next after, respectively.
Sidewalk. Shall mean that portion of a street between the curbline or the lateral line of a roadway, and the adjacent property line intended for the use of pedestrians.
Signature or subscription. Shall include a mark when a person cannot write.
State. The words "the state" or "this state" shall be construed to mean the State of Texas.
Street. Shall have its commonly accepted meaning and shall include highways, sidewalks, alleys, avenues, recessed parking areas and other public rights-of-way including the entire right-of-way.
Tense. Words used in the past or present tense include the future as well as the past and present.
V.T.C.S., V.T.P.C., V.T.C.C.P. Refer to the divisions of Vernon's Texas Statutes Annotated.
Written or in writing. The term "written" or "in writing" shall be construed to include any representation of words, letters, or figures, whether by printing or otherwise.
Year. Shall mean a calendar year.
Sec. 1.104. Amendments to Code.
(a) All ordinances passed subsequent to the adoption of this Code, which amend, repeal or in any way affect this Code, may be numbered in accordance with the numbering system of this Code and printed for inclusion therein. When subsequent ordinances repeal any chapter, article, section or subsection or any portion thereof, such repealed portions may be excluded from the Code by omission from reprinted pages. The subsequent ordinances as numbered and printed or omitted in the case of repeal, shall be prima facie evidence on such subsequent ordinances until such time that this Code and subsequent ordinances numbered or omitted are readopted as a new Code by the city council.
(b) Amendments to any of the provisions of this Code shall be made by amending such provisions by specific reference to the article and section number of this Code in the following language:
"That Chapter ________, Article ________, Section ________, of the Code of Ordinances, City of Ponder, Texas, is hereby amended to read as follows:... "
The new provisions shall then be set out in full as desired.
(c) In the event a new article or section not heretofore existing in the Code is to be added, the following language shall be used:
"That Chapter ________, of the Code of Ordinances, City of Ponder, Texas, is hereby amended by adding a section, to be number Article/Section ________, which said article/section shall read as follows:..."
The new article or section shall then be set out in full as desired.
(d) It is hereby provided, however, that any subsequent ordinance which fails to amend this Code in the manner provided for above shall not be deemed invalid as a result of such failure to follow the procedure outlined in this section.
Sec. 1.105. Supplementation of Code.
(a) By contract or by city personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the city council. A supplement to the Code shall include all substantive permanent and general parts of ordinances passed by the city council or adopted by initiative and referendum during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.
(b) In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by omission thereof from reprinted pages.
(c) When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified Code. For example, the codifier may:
(1) Organize the ordinance material into appropriate subdivisions;
(2) Provide appropriate catchlines, headings and titles for articles, sections and other subdivisions of the Code printed in the supplement and make changes in such catchlines, headings and titles;
(3) Assign appropriate numbers to articles, sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing article or section or other subdivision numbers;
(4) Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this section," "this subsection," etc., as the case may be; and
(5) Make other nonsubstantive changes necessary to preserve the original meaning of ordinance articles or sections inserted into the Code; but, in no case, shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.
Sec. 1.106. General penalty for Code violations.
(a) Whenever in this Code or in any ordinance of the city, an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or wherever in such Code or ordinance the doing of an act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision of this Code or any such ordinance shall be punished by a fine not exceeding $500.00, except for:
(1) Violations of municipal ordinances that govern fire safety, zoning, public health and sanitation, including dumping of refuse, vegetation and litter violations in which the maximum fine shall be $2,000.00 for each offense, and
(2) Violations of traffic laws and ordinances which are punishable as a Class C misdemeanor shall be punished by a fine not to exceed $200.00.
However, no penalty shall be greater or less than the penalty provided for the same or similar offense under the laws of the state.
(b) Each day any violation of this Code or of any ordinance shall continue shall constitute a separate offense. Any violation of any provision of this Code of Ordinances which constitutes an immediate danger to the health, safety, and welfare of the public may be enjoined in a suit brought by the city for such purposes.
State law reference(s)--Authority of municipality to assess fines, V.T.C.A., Local Government Code § 54.001.
Sec. 1.107. Severability of parts of Code.
It is hereby declared to be the intention of the city council that the articles, sections, paragraphs, sentences, clauses and phrases of this Code are severable and, if any article, section, paragraph, sentence, clause or phrase of this Code 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 articles, sections, paragraphs, sentences, clauses and phrases of this Code since the same would have been enacted by the city council without the incorporation in this Code of any such unconstitutional article, section, paragraph, sentence, clause or phrase.
(Ord. No. 00-10, 4-6-2000)
ARTICLE 1.200. FORM OF GOVERNMENT*
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*State law reference(s)--Aldermanic form of government, V.T.C.A., Local Government Code § 22.001 et seq.
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(a) The town commission of the Town of Ponder, Texas does hereby officially find and determine that there is one or more manufacturing industry located within the territory embraced within the boundaries of the Town of Ponder, Texas.
(b) The Town of Ponder, Texas does hereby accept and adopt the provisions of Title 28, Revised Civil Statutes of Texas of 1925, and amendments thereto, relating to cities and towns, including Chapters 1 to 10, inclusive, as provided by Article 961, Revised Civil Statutes of Texas.
(c) Such municipal corporation shall be known as the "Town of Ponder, Texas."
(Ord. No. 6, 2-13-1969)
ARTICLE 1.300. PLACE SYSTEM ADOPTED
(a) Upon adoption of this article of the governing body of the Town of Ponder shall thereafter elect its aldermen under a place system.
(b) As soon as possible after the effective date of this article the town council shall assign place numbers to each alderman's office.
(Ord. No. 174, §§ 1, 2, 2-6-1995)
ARTICLE 1.400. NOTICE OF CLAIMS*
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*State law reference(s)--Immunity of certain governmental functions, V.T.C.A., Civil Practice and Remedies Code § 101.055; limitation on amount of liability, V.T.C.A., Civil Practice and Remedies Code § 101.023.
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(a) The City of Ponder shall never be liable for any claim for property damage or for personal injury, whether such personal injury results in death or not, unless the person damaged or injured, or someone in his behalf, or in the event the injury results in death, the person or persons who may have a cause of action under the law by reason of such death or injury, shall, within sixty (60) days or within six (6) months of good cause shown from the date the damage or injury was received, give notice in writing to the mayor and city council of the following facts:
(1) The date and time when the injury occurred and the place where the injured person or property was at the time when the injury was received.
(2) The nature of the damage or injury sustained.
(3) The apparent extent of the damage or injury sustained.
(4) A specific and detailed statement of how and under what circumstances the damage or injury occurred.
(5) The amount for which each claimant will settle.
(6) The actual place of residence of each claimant by street, number, city and state on the date the claim is presented.
(7) In the case of personal injury or death, the names and addresses of all persons who, according to the knowledge or information of the claimant witnessed the happening of the injury or any part thereof and the names of the doctors, if any, to whose care the injured person is committed.
(8) In the case of property damage, the location of the damaged property at the time the claim was submitted along with the names and addresses of all persons who witnessed the happening of the damage or any part thereof.
(b) No suit of any nature whatsoever shall be instituted or maintained against the City of Ponder unless the plaintiff therein shall aver and prove that previous to the filing of the original petition the plaintiff applied to the city council for redress, satisfaction, compensation, or relief, as the case may be, and that the same was by vote of the city council refused.
(c) All notices required by this article shall be effectuated by serving them upon the city manager at city hall, and all such notices shall be effective only when actually received in the office of the city manager.
(d) Neither the mayor, a city councilmember, or any other officer or employee of the city shall have the authority to waive any of the provisions of this article.
(e) The written notice required under this article shall be sworn to by the person claiming the damage or injuries or by someone authorized by him to do so on his behalf. Failure to swear to the notice as required herein shall not render the notice fatally defective, but failure to so verify the notice may be considered by the city council as a factor relating to the truth of the allegations and to the weight to be given to the allegations contained therein.
(Ord. No. 94, §§ 1--5, 9-8-1986)
(f) The above written notice requirements shall be waived if the city has actual knowledge of death, injury or property damage likely to result in a claim against the city. The city shall not be deemed to have actual knowledge unless that knowledge is attributable to an appropriate city official whose job duties include the authority to investigate and/or settle claims against the city. Notice requirements shall likewise be waived in cases in which the plaintiff can demonstrate good cause or civil rights violations.
(Ord. No. 00-10, 4-6-2000)
ARTICLE 1.500. EMERGENCY MANAGEMENT*
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*State law reference(s)--Local and interjurisdictional emergency management, V.T.C.A., Government Code ch. 418.
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Sec. 1.501. Organization.
(a) An emergency management coordinator may be appointed by and serve at the pleasure of the director.
(b) The director shall be responsible for a program of comprehensive emergency management within the city and for carrying out the duties and responsibilities set forth in this article. He/she may delegate authority for execution of these duties to the coordinator, but ultimate responsibility for such execution shall remain with the director.
(c) The operational emergency management organization of the City of Ponder shall consist of the officers and employees of the city so designated by the director in the emergency management plan, as well as organized volunteer groups. The functions and duties of this organization shall be distributed among such officers and employees in accordance with the terms of the emergency management plan.
Sec. 1.502. Emergency management director--Powers and duties.
The duties and responsibilities of the emergency management director shall include the following:
(1) Conduct an ongoing survey of actual or potential hazards which threaten life and property within the city and ongoing program of identifying and requiring or recommending the implementation of measures which would tend to prevent the occurrence or reduce the impact of such hazards if a disaster did occur.
(2) Supervision of the development and approval of an emergency management plan for the City of Ponder, and shall recommend for adoption by the city council all mutual aid arrangements deemed necessary for the implementation of such plan.
(3) Authority to declare a local state of disaster. The declaration may not be continued or renewed for a period in excess of seven days' except by or with the consent of the city council. Any order or proclamation declaring, continuing, or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the city secretary.
(4) Issuance of necessary proclamations, regulations or directives which are necessary for carrying out the purposes of this article. Such proclamations, regulations, or directives shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and, unless circumstances attendant on the disaster prevent or impede, promptly filed with the city secretary.
(5) Direction and control of the operations of the Ponder Emergency Management Organization as well as the training of emergency management personnel.
(6) Determination of all questions of authority and responsibility that may arise within the emergency management organization of the city.
(7) Maintenance of liaison with, other municipal, county, district, state, regional or federal, emergency management organizations.
(8) Marshaling of all necessary personnel, equipment or supplies from any department of the city to aid in the carrying out of the provisions of the emergency management plan.
(9) Supervision of the drafting and execution of mutual aid agreements, in cooperation with the representatives of the state and of other local political subdivisions of the state, and the drafting and execution, if deemed desirable, of an agreement with the county in which said city is located and with other municipalities within the county, for the countywide coordination of emergency management efforts.
(10) Supervision of, and final authorization for the procurement of all necessary supplies and equipment, including acceptance of private contributions which may be offered for the purpose of improving emergency management within the city.
(11) Authorizing of agreements, after approval by the city attorney, for use of private property for public shelter and other purposes.
(12) Survey of the availability of existing personnel, equipment, supplies and services which could be used during a disaster, as provided for herein.
(13) Other requirements as specified in Texas Disaster Act 1975. (V.T.C.S. article 6889-7)
Sec. 1.503. Emergency management plan.
A comprehensive emergency management plan shall be developed and maintained in a current state. The plan shall set forth the form of the organization, establish and designate divisions and functions, assign responsibilities, tasks, duties, and powers, and designate officers and employees to carry out the provisions of this article. As provided by state law, the plan of emergency management of the State of Texas. Insofar as possible, the for of organization, title, and terminology shall conform to the recommendations of the State Division of Emergency Management. When approved, it shall be the duty of all departments and agencies to perform the functions assigned by the plan and to maintain their portion of the plan in a current state of readiness at all times. The emergency management plan shall be considered supplementary to this article and have the effect of law during the time of disaster.
Sec. 1.504. Interjurisdictional program.
The mayor is hereby authorized to join with the county judge of the County of Denton and the mayors of the other cities in said county in the formation of an emergency management council for the County of Denton and shall have the authority to cooperate in the preparation of a joint emergency management plan and in the appointment of a joint emergency management coordinator, as well as all powers necessary to participate in a countywide program of emergency management insofar as said program may affect the City of Ponder.
Sec. 1.505. Override.
At all times when the orders, rules, and regulations made and promulgated pursuant to this article shall be in effect, they shall supersede and override all existing ordinances, orders, rules, and regulations insofar as the latter may be inconsistent therewith.
Sec. 1.506. Liability.
This article is an exercise by the city of its governmental functions for the protection of the public peace, health, and safety and neither the City of Ponder, the agents and representatives of said city, nor any individual, receiver, firm, partnership, corporation, association, or trustee, not any of the agents thereof, in good faith carrying out, complying with or attempting to comply with, any order, rule, or regulation promulgated pursuant to the provisions of this article shall be liable for any damage sustained to persons as, the result of said activity. Any person owning or controlling real estate or other premises who voluntarily and without compensation grants to the City of Ponder a license of privilege, or otherwise permits the city to inspect, designate and use the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual, impending or practice enemy attack or natural or man-made disaster shall together with his successors in interest, if any, not be civilly liable for the death of, or injury to, any person on or about such real estate or premises under such license, privilege or other permission or for loss of, or damage to, the property of such person.
Sec. 1.507. Commitment of funds.
No person shall have the right to expend any public funds of the city in carrying out any emergency management activity authorized by this article without prior approval by the city council, nor shall any person have any right to bind the city by contract, agreement or otherwise without prior and specific approval of the city council unless during a declared disaster. During a declared disaster, the mayor may expend and/or commit public funds of the city when deemed prudent and necessary for the protection of health, life, or property.
Sec. 1.508. Offenses; penalties.
(a) It shall be unlawful for any person willfully to obstruct, hinder or delay any member of the emergency management organization in the enforcement of any rule or regulation issued pursuant to this article, or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in this article.
(b) It shall likewise be unlawful for any person to wear, carry or display any emblem, insignia or any other means of identification as a member of the emergency management organization of the City of Ponder, unless authority to do so has been granted to such person by the proper officials.
(c) Any unauthorized person who shall operate a siren or other device so as to simulate a warning signal, or the termination of a warning, shall be deemed guilty of a violation of this article and shall be subject to penalties imposed by this article.
(d) Convictions for violations of the provisions of this article shall be punishable by fine in accordance with the general penalty provision found in section 1.106 of this Code.
(Ord. No. 106, §§ 1--8, 4-6-1987)
ARTICLE 1.600. RECORDS MANAGEMENT*
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*State law reference(s)--Local Government Records Act, V.T.C.A., Local Government Code ch. 201.
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Sec. 1.601. Definition of municipal records.
All documents, papers, letters, books, maps, photographs, sound or video recordings, microfilm, magnetic tape, electronic media, or other information recording media, regardless of physical form or characteristic and regardless of whether public access to them is open or restricted under the laws of the state, created or received by the Town of Ponder, Texas, or any of its officers or employees pursuant to law or in the transaction of public business are hereby declared to be the records of the Town of Ponder, Texas, and shall be created, maintained, and disposed of in accordance with the provisions of this article or procedures authorized by it and in no other manner.
Sec. 1.602. Additional definitions.
Essential record. Means any record of the Town of Ponder necessary to the resumption or continuation of its operations in an emergency or disaster, to the recreation of its legal and financial status, or to the protection and fulfillment of obligations to the people of the state.
Permanent record. Means any record of the Town of Ponder for which the retention period on a records control schedule is given as permanent.
Records control schedule. Means a document prepared by or under the authority of the records management officer listing the records maintained by the Town of Ponder their retention periods, and other records disposition information that the records management program may require.
Records management. Means the application of management techniques to the creation, use, maintenance, retention, preservation, and disposal of records for the purposes of reducing the costs and improving the efficiency of recordkeeping. The term includes the development of records control schedules, the management of filing and information retrieval systems, the protection of essential and permanent records, the economical and space-effective storage of inactive records, control over the creation and distribution of forms, reports, and correspondence, and the management of micrographics and electronic and other records storage systems.
Records management officer. Means the person designated in section 1.604 of this article.
Records management plan. Means the plan developed under section 1.605 of this article.
Retention period. Means the minimum time that must pass after the creation, recording, or receipt of a record, or the fulfillment of certain actions associated with a record, before it is eligible for destruction.
Sec. 1.603. Municipal records declared public property.
All municipal records as defined in section 1.601 of this article are hereby declared to be the property of the Town of Ponder. No municipal official or employee has, by virtue of his or her position any personal or property right to such records even though he or she may have developed or compiled them. The unauthorized destruction, removal from files, or use of such records is prohibited.
Sec. 1.604. Policy.
It is hereby declared to be the policy of the Town of Ponder to provide for efficient, economical, and effective controls over the creation, distribution, organization, maintenance, use, and disposition of all municipal records through a comprehensive system of integrated procedures for their management from creation to ultimate disposition, consistent with the requirements of the Texas Local Government Records Act and accepted records management practice.
Sec. 1.605. Designation of records officer.
The city secretary and mayor, and the successive holders of said offices, shall serve as records management officer for the Town of Ponder. As provided by state law, each successive holder of these offices shall file his or her name with the director and librarian of the Texas State Library within 30 days of the initial designation or of taking up the office(s), as applicable.
Sec. 1.606. Records management plan to be developed; approval of plan; authority of plan.
(a) The records management officer shall develop a records management plan for the Town of Ponder for submission to the town commission. The plan must contain policies and procedures designed to reduce the costs and improve the efficiency of recordkeeping, to adequately protect the essential records of the municipality, and to properly preserve those records of the municipality that are of historical. The plan must be designed to enable the records management officer to carry out his or her duties prescribed by state law and this article effectively.
(b) Once approved by the town commission the records management plan shall be binding on all offices, departments, divisions, programs, commissions, bureaus, boards, committees, or similar entities of the Town of Ponder and records shall be created, maintained, stored, microfilmed, or disposed of in accordance with the plan.
(c) State law relating to the duties, other responsibilities, or recordkeeping of a department head do not exempt the department head or the records in the department head's care from the application of this article and the records management plan adopted under it and may not be used by the department head as a basis for refusal to participate in the records management program of the Town of Ponder.
Sec. 1.607. Duties of records management officer.
In addition to other duties assigned in this article, the records management officer shall:
(1) Administer the records management program and provide assistance to department heads in its implementation;
(2) Plan, formulate, and prescribe records disposition policies, systems, standards, and procedures;
(3) In cooperation with department heads, identify essential records and establish a disaster plan for each municipal office and department to ensure maximum availability of the records in order to reestablish operations quickly and with minimum disruption and expense;
(4) Develop procedures to ensure the permanent preservation of the historically valuable records of the city;
(5) Establish standards for filing and storage equipment and for recordkeeping supplies;
(6) Study the feasibility of and, if appropriate, establish a uniform filing system and a forms design and control system for the Town of Ponder;
(7) Monitor records retention schedules and administrative rules issued by Texas State Library and Archives Commission to determine if the records management program and the municipality's records control schedules are in compliance with state regulations;
(8) Disseminate to the town commission and department heads information concerning state laws and administrative rules relating to local government records;
(9) Ensure that the maintenance, preservation, microfilming, destruction, or other disposition of the records of the Town of Ponder are carried out in accordance with the policies and procedures of the records management program and the requirements of state law;
(10) Maintain records on the volume of records destroyed under approved records control schedules or through records destruction authorization requests, the volume of records microfilmed or stored electronically, and the estimated cost and space savings as the result of such disposal or disposition;
(11) Report annually to the town commission on the implementation of the records management plan in each department of the Town of Ponder, including summaries of the statistical and fiscal data compiled under subsection (10); and
(12) Bring to the attention of the town commission non-compliance by department heads or other municipal personnel with the policies and procedures of the records management program or the Local Government Records Act.
Sec. 1.608. Duties and responsibilities of department heads.
In addition to other duties assigned in this article, department heads shall:
(1) Cooperate with the records management officer in carrying out the policies and procedures established in the Town of Ponder for the efficient and economical management of records and in carrying out the requirements of this article;
(2) Adequately document the transaction of government business and the service programs, and duties for which the department head and his or her staff are responsible; and
(3) Maintain the records in his or her care and carry out their preservation, microfilming, destruction, or other disposition only in accordance with the policies and procedures of the records management program of the Town of Ponder and the requirements of this article.
Sec. 1.609. Records control schedules to be developed; approval; filing with state.
(a) The records management officer, in cooperation with department heads, shall prepare records control schedules on a department by department basis listing all records series created or received by the department and the retention period for each series. Records control schedules shall also contain such other information regarding the disposition of town commission records as the records management plan may require.
(b) Each records control schedule shall be monitored and amended as needed by the records management officer on a regular basis to ensure that it is in compliance with records retention schedules issued by the state and that it continues to reflect the recordkeeping procedures and needs of the department and the records management program of the Town of Ponder.
(c) Before its adoption a records control schedule or amended schedule for a department must be approved by the department head and the town commission.
(d) Before is adoption a records control schedule must be submitted to and accepted for filing by the director and librarian as provided by state law. If a schedule is not accepted for filing, the schedule shall be amended to make it acceptable for filing. The records management officer shall submit the records control schedules to the director and librarian.
Sec. 1.610. Implementation of records control schedules; destruction of records under schedule.
(a) A records control schedule for a department that has been approved and adopted under section 1.608 shall be implemented by department heads according to the policies and procedures of the records management plan.
(b) A record whose retention period has expired on a records control schedule shall be destroyed unless an open records request is pending on the record, the subject matter of the record is pertinent to a pending lawsuit, or the department head requests in writing to the records management officer that the record be retained for an additional period.
(c) Prior to the destruction of a record under an approved records control schedule authorization for the destruction must be obtained by the records management officer from the town commission.
Sec. 1.611. Destruction of unscheduled records.
A record that has not yet been listed on an approved records control schedule may be destroyed if its destruction has been approved in the same manner as a record destroyed under an approved schedule and the records management officer has submitted to and received back from the director and librarian an approved destruction authorization request.
(Ord. No. 149, 9-9-1991)
ARTICLE 1.700. PUBLIC INFORMATION FEES
Sec. 1.701. Public information charge schedule.
The town secretary or his or her designee shall collect the fees in accordance with this article, adopting Section 111.70 of the Texas Administrative Code, the General Services Commission Charge Schedule, as provided by the General Services Commission, and as provided for in the fee schedule found in the appendix of this code.
Sec. 1.702. Definitions.
The following definitions are hereby applicable to this article. Any term that is not specifically defined shall be governed by terms of common usage.
Actual cost. The sum of all direct costs plus a proportional share of overhead, or indirect costs. Actual cost should be determined in accordance with generally accepted methodologies. To determine actual costs, governmental bodies may utilize the cost methodology adopted by the Council on Competitive Government.
Client/server system. A combination of two or more computers that serve a particular application through sharing processing, data storage, and end-user interface presentation. PC's located in a LAN environment containing file serves fall into this category as do applications running in an X-window environment where the server is a UNIX based system.
Government body. As defined by Section 552.003 of the Public Information Act, means:
(1) A board, commission, department, institution, agency, or office that is within or is created by the executive or legislative branch of state government and that is directed by one or more elected or appointed members;
(2) A county commissioners court in the state;
(3) A municipal governing body in the state;
(4) A deliberative body that has, rule making or quasi-judicial power and that is classified as a department, agency, or political subdivision of a country or municipality;
(5) A school district board of trustees;
(6) A county board of school trustees;
(7) A county board of education;
(8) The governing board of a special district;
(9) The governing body of a nonprofit corporation organized under Chapter 76, Acts of the 43rd Legislature, 1st Called Session, 1933 (Article 1434a, Vernon's Texas Civil Statutes), that provides a water supply or wastewater service, or both, and is exempt from ad valorem taxation under the Tax Code Section 11.30; and
(10) The part, section, or portion of an organization, corporation, commission, committee, institution, or agency that spends or that is supported in whole or in part by public funds; and
(11) Does not include the judiciary.
Mainframe computer. A computer located in a controlled environment and serving large applications and/or large number of users. These machines usually serve an entire organization or some group of organizations. These machines usually require an operating staff. IBM and UNISYS mainframes, and large Digital VAX 9000 and VAX Clusters fall into this category.
Mid-size computer. A computer smaller than a mainframe computer that is not necessarily located in a controlled environment. It usually serves a smaller organization or a sub-unit of an organization. IBM AS/400 and Digital VAX/VMS multi-user single-processor systems fall into this category.
Nonstandard copy. A copy of public information that is made available to a request in any format other than standard paper copy. Microfiche, microfilm, diskettes, magnetic tapes, CD-ROM, are examples of nonstandard copies. Paper copies larger than 81/2 by 14 inches (legal size) are also considered nonstandard copies.
Standalone PC. An IBM compatible PC, Macintosh or Power PC based computer system operated without a connection to a network.
Standard paper copy. A printed impression on one side of a piece of paper that measures up to 81/2 by 14 inches. Each side of a piece of paper on which an impression is made is counted as a single copy. A piece of paper that is printed on both sides is counted as two copies.
Sec. 1.703. Refunding of fees.
The town secretary may refund monies collected as fees, set by this article, if the application is withdrawn and no expenses have been incurred by the town on the applicant's behalf. Written request is required within ten days by the applicant for the town secretary to refund any fees and/or any inadvertent charges.
Sec. 1.704. Application of article.
This article shall apply to all public information fees established herein and shall be levied by the Town of Ponder, Texas, immediately upon the effective date of this article. Separately adopted ordinances may also address applicable fees for other goods or services provided by the town and this article should not be construed as to be inclusive of all fees within the Town of Ponder.
(Ord. No. 220, 5-26-1999)
Chapter 2 ANIMAL CONTROL
ARTICLE 2.100. GENERAL ANIMAL CONTROL REGULATIONS
Sec. 2.101. Definitions.
The following words and phrases for purpose of this article have the following meanings:
Animal control officer. The person or persons designated by the city to represent and act for the city in the impoundment of animals, controlling of stray animals, and as otherwise required in this article.
Dogs. The word "dogs" when used herein shall mean dogs of all ages, both male and female, neutered or spayed, sex or breed.
Cats. The word "cats" when used herein shall mean cats of all ages, both male and female, neutered or spayed, sex or breed.
Owner. Means any person who has legal or equitable title to any animal, harbors or keeps any animal in his possession, or who permits any animal to remain on or about his premises.
Animal shelter. The humane society animal shelter or any shelter so designated by the city council as the city shelter.
At large. An animal that is not confined to the premises of its owner by a containment device of sufficient strength and/or height to prevent an animal from escaping therefrom, inside the house or other enclosure, or secured on said premises by a leash of sufficient strength to prevent the animal from escaping premises, and so arranged that the animal will remain upon said premises when the leash is stretched to full length in any direction. An animal shall not be considered "at large" when held and controlled by some person by means of a leash or chain of proper strength and length to control the action of the animal, or while confined within a vehicle.
Vaccination. The word "vaccination" shall mean an injection of any vaccine for rabies approved by the state veterinarian and administered or supervised by a licensed veterinarian.
Vicious dog. The term "vicious dog" shall mean a dog which has shown a disposition to bite humans and any dog which has bitten or attempted to bite any person. However, the fact that a dog has bitten or attempted to bite some person when that person was teasing the dog shall not deemed a vicious dog within the sense of this definition.
Nuisance. Any animal which is injurious to the health or morals, or indecent or offensive to the senses or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property is declared a nuisance and as such shall be abated.
Possession. Actual care, custody, control, or management of a certain animal.
Animal. Unless otherwise stated, includes any living creature including, but not limited to, cats, dogs, cows, horses, birds, fish, mammals, reptiles, insects, fowl and livestock, but specifically excluding human beings.
Stray. Means to wander upon a public place or the property of another person, and/or of undetermined ownership.
Premises. A parcel of land (one or more continuous lots) owned, leased or controlled by one or more persons.
Auction. Any place or facility where animals are bought, sold or traded, except for the facilities otherwise defined in this article. This section does not apply to individual sales of animals by owners.
Pet shop. Any person, partnership or corporation, whether operated separate or in connection with another business enterprise except a licensed kennel, that buys, sells or boards any species of pets.
Livestock. Horses, mules, donkeys, cattle, goats, sheep, and swine regardless of age, sex, or breed.
Fowl. Chickens, turkeys, pheasant, quail, geese, ducks, or similar feathered animals regardless of age, sex or breed.
Prohibited animals. Prohibited animals means an animal not normally considered domesticated including, but not limited to, venomous lizard, poisonous snake, boa, python, raccoon, skunk, fox, bear, elephant, kangaroo, monkey, chimpanzee, antelope, deer, and/or any other wild animal capable or, inclined to do serious bodily harm to humans or other animals or fowl.
(Ord. No. 110, 9-8-1980)
Sec. 2.102. Vaccination required before license issued.
All dogs and cats within the city, four months of age or over, shall be licensed and vaccinated and the license tax (if any) paid; however, before the license shall be issued, the owner of the dog or cat must present a certificate from a licensed veterinarian showing that said dog or cat has been vaccinated within the preceding 12 months. Such vaccination certificate shall reflect the name of the owner, his address, name of dog or cat, a description of the dog or cat, the date of the vaccination, the number of the vaccination tag, and kind of vaccination used. The veterinarian shall furnish the owner with a metal tag. This tag shall be securely attached to the collar or harness of the dog or cat at all times. After initial vaccination at four months of age, all dogs and cats shall thereafter be vaccinated annually.
(Ord. No. 110, 9-8-1980; Ord. No. 00-10, 4-6-2000)
State law reference(s)--Authority of municipalities to establish rabies control programs, V.T.C.A., Health and Safety Code § 826.015.
Sec. 2.103. Running at large.
Any animal not meeting the criteria specified in section 2.101 will be considered to be running at large.
State law reference(s)--Animals at large, V.T.C.A., Local Government Code § 214.026; authority of city to regulate the capture and impoundment of animals, V.T.C.A., Local Government Code § 215.026(c).
Sec. 2.104. Impounding of dogs.
The animal control officer or any designated city personnel shall take into custody any dog found at large in the city, and shall impound the dog in the city designated shelter. Such impounded dog shall be held for a period of three days and at the end of that time, if the dog has not be claimed and the proper fee paid as prescribed herein, the dog shall be adopted or disposed of.
Sec. 2.105. Authority to kill, impound or destroy animals.
The animal control officer or other designated city official shall have the authority to do the following:
(1) Kill any animal which poses an imminent danger to a person or property and a real or apparent necessity exists for the destruction of the animal.
(2) Impound an animal which is diseased and endangers the health and welfare of another animal or person.
(3) Destroy an impounded animal if the animal control officer or other designated city official determines that the recovery of the animal is doubtful due to injury or disease, in which case the three-day impounded clause need not apply.
Sec. 2.106. Impoundment fees.
The owner of an impounded animal shall pay a fee as prescribed by the animal shelter or other city designated facility and any other expense incurred during confinement situation.
(1) Any person claiming an animal that has not been vaccinated for rabies within the last year shall pay a fee as provided for in the fee schedule found in the appendix of this Code. Before releasing such an animal, this animal will be vaccinated for rabies and this fee will go for this expense.
Sec. 2.107. Euthanasia fees.
If the lawful owner of an animal requests euthanasia due to probable reasons, the owner must first sign the required forms and pay an appropriate fee to the shelter.
Sec. 2.108. Adoption.
A person who desires to adopt an animal from the shelter shall pay an appropriate fee as prescribed by the city designated shelter.
Sec. 2.109. Report of rabies cases required: confinement of dog, cat or other animal.
It shall be the duty of the owner, custodian, or veterinarian to report to the Humane Society all cases of rabies or suspected rabies of which any of the persons have knowledge. The owner of any animal having rabies or symptoms thereof, or suspected of having rabies, or which has been exposed to rabies shall notify the city who will arrange to put said animal in the designated shelter if no vaccination records are on file or shall keep said animal chained and/or confined until transported to the city designated shelter, or, immediately upon facts having come to the attention of the owner or custodian of such an animal with respect to its' being rabid or having been exposed to rabies, such dog, cat, or other animal shall be immediately and securely quarantined and kept under supervision of the designated city personnel for a period of not less than ten days.
Sec. 2.110. Confinement of dog, cat, or other animal that has bitten a person required.
When a dog, cat, or other animal has bitten, scratched, or otherwise attacked a person, that person or anyone having knowledge of such incident shall immediately notify the city, and such dog, cat, or other animal shall be confined in the shelter or at a veterinary hospital for a period of ten days at the owner's expense, and such dog, cat, or other animal shall, during such period of confinement, be subject to inspection by city personnel or a licensed veterinarian. If, after ten days, the owner fails to pick up the animal, the owner is notified and granted five additional days to pick up the animal at a charge prescribed by the shelter. After this time, the shelter can then adopt or dispose of the animal.
(1) Exceptions. If the animal in question has a valid and current vaccination, the owner shall have authority to secure the animal on his own property, provided that the animal be inspected by a veterinarian at the end of the quarantine period.
Sec. 2.111. Quarantine fee.
As per shelter fee, the owner of dog or cat held in quarantine for observation purposes shall be charged a per day fee as provided for in the fee schedule found in the appendix of this Code.
Sec. 2.112. Failure to release or remove dog.
(a) A person commits an offense if he knowingly possesses and fails to release to the designated city official a dog that has been charged by sworn affidavit as provided in this article.
(b) A person commits an offense if the person knowingly possesses and fails to remove a dog determined to be vicious as provided in this article.
Sec. 2.113. Public nuisances.
No person shall willfully or knowingly keep or harbor on his premises or elsewhere any animal or fowl of any kind that makes or creates an unreasonable disturbance of the neighbors or the occupants of adjacent premises or persons living in the vicinity thereof, or permit such animal to make or create disturbing noises by howling, barking, crowing, bawling or otherwise. A person shall be deemed to have willfully and knowingly violated terms of this section if such person shall have been notified by the designated city official or any police officer of such disturbance and prevent its recurrence.
(1) It shall be unlawful for any person to maintain any animal or fowl in such manner that residents of adjacent or nearby property are subject to obnoxious odors. All persons keeping animals shall keep their premises clean and free from obnoxious odors.
Cross reference(s)--Chapter 7, Offenses and Nuisances.
Sec. 2.114. Enforcement.
The animal control officer or other designated city official shall have the authority to issue citations for any violation of this article.
(1) It shall be unlawful for any person upon being issued a citation to intentionally or knowingly give the animal control officer or other designated city official other than his true name and address.
(2) It shall be unlawful to intentionally fail to appear in municipal or other appropriate jurisdiction court in accordance with the terms of a citation issued by the animal control officer or designated city personnel.
(3) If the person being cited is not present, the animal control officer or designated city official may send the citation to the alleged offender by certified mail, return receipt requested, whereupon service shall be deemed complete even if such certified letter is refused or if such letter is not picked up.
(4) It shall be unlawful for any person to intentionally or knowingly interfere with the animal control officer or designated city personnel in the performance of their duties.
(5) The animal control officer or designated city personnel shall have the right of ingress and egress on private property for the purpose of apprehending an animal at large.
Sec. 2.115. Authority to carry tranquilizer guns.
When acting in the course and scope of their employment, the animal control officer or designated city official shall be and is hereby authorized to carry on his person or in his city vehicle, loaded tranquilizer guns approved by the city and not in violation of any provision of the Texas Penal Code or any other applicable law.
Sec. 2.116. Confinement of animals by individuals.
If a stray animal is found upon the premises of another, the occupant of the premises may confine the animal only for as long as reasonably necessary to notify the shelter and have the animal impounded unless that person wishes to own said animal in which case they must comply with all provisions of this article in attempting to confine the animal, the occupant shall not use any force that intended or known by the occupant to cause or in the manner of its use, is capable of causing death or injury to the animal.
Sec. 2.117. Abandonment of animals.
It shall be unlawful for any person to intentionally or knowingly abandon any animal within the corporate limits of the city.
Sec. 2.118. Confinement of animals.
It shall be unlawful for any person to intentionally or knowingly confine or allow to be confined any animal under such conditions or for such a period of time as may endanger the health or well being of the animal due to heat, lack of food or water, or any other circumstances which cause suffering, disability or death of the animal.
Sec. 2.119. Inspection of premises where animals are kept.
Premises where livestock, fowl or pets are kept or maintained shall be subject to inspection, upon receiving a complaint, by the designated city official at any reasonable hour of the day while in the presence of the owner.
Sec. 2.120. Cruelty to animals generally.
No person shall overdrive, overload, drive when overloaded, overwork, torture, cruelly beat, mutilate, or needlessly kill, or carry or transport in any vehicle or other conveyance in a cruel and inhumane manner, any animal or cause any of these act to be done.
Sec. 2.121. Poisoning of animals prohibited.
No person shall in any place accessible to birds, dogs, cats or other animals with the intent to kill or harm such animals, place any substance which has in any manner been treated with any poisonous substance.
Sec. 2.122. Fight upon exhibition.
No person shall maintain any place where fowls or any animals are suffered to fight upon exhibition, or for sport upon wager.
Sec. 2.123. Tying dogs.
It shall be unlawful to tie or tether a dog to a stationary object for a period of time or in a location so as to create an unhealthy situation for the animal or a potentially dangerous situation for a pedestrian as determined by the city.
Sec. 2.124. Food and shelter.
No person shall fail to provide any animal in his charge or custody with sustenance, drink and protection from these elements, or cause any of these acts to be done.
Sec. 2.125. Guard dogs.
Every person having care, control or custody of any dog which has received guard dog training must post, in a conspicuous location, that such dog is a guard dog.
(Ord. No. 110, 9-8-1980)
Sec. 2.126. Dangerous dogs.
Dangerous dogs, as defined in V.T.C.A., Health and Safety Code § 822.041, shall be regulated in accordance with the provisions of V.T.C.A., Health and Safety Code ch. 822, subch. D.
(Ord. No. 00-10, 4-6-2000)
State law reference(s)--Authority of city to regulate the keeping of dangerous dogs, V.T.C.A., Health and Safety Code ch. 822, subch. D.
Sec. 2.127. Disposition of nursing baby animals.
Any nursing baby animals impounded without the mother, or where the mother cannot or refuses to provide nutritious milk, may be euthanized immediately to prevent further suffering.
Sec. 2.128. Keeping of fowl, rabbits and guinea pigs.
These animals must be kept in a secure pen or enclosure. Any enclosure in which fowl, rabbits, or guinea pigs are kept must be cleaned and disinfected daily. Litter and droppings from such fowl, rabbits or guinea pigs must be collected daily and hauled away.
Sec. 2.129. Bees.
It shall be unlawful to keep bees in such a manner as to deny the reasonable use and enjoyment of adjacent property or endanger the personal health and welfare of the inhabitants of the city.
Sec. 2.130. Keeping of prohibited animals.
Keeping of prohibited animals not permitted.
Sec. 2.131. Selling of prohibited animals.
It shall be unlawful to keep and sell prohibited animals by a commercial establishment or individual unless licensed by the U.S. Department of Agriculture. It shall be inspected by the designated city personnel and a permit issued.
Sec. 2.132. Disposal of dead animals.
It shall be the responsibility of the owners of livestock to properly dispose of all dead animals within a 24-hour period. It shall be the responsibility of the owner to dispose of all dead dogs, cats, etc., on his property or owned by him within 12 hours. The city has the authority to pick up any dead animal found on public property and dispose of it and assist a citizen with same, if requested. After 24 hours, the city may enter private property and remove any dead animal which the property owner has failed to dispose of and the city will charge said owner the expenses of removal for said service.
Sec. 2.133. Livestock.
It shall be unlawful for any person to keep on premises under his control any livestock without providing adequate fences or barriers that will prevent such livestock from damaging shrubbery and other property situated on adjacent property.
State law reference(s)--Authority of municipality to prohibit or otherwise regulate the keeping of livestock and swine, V.T.C.A., Local Government Code § 215.026(b).
Sec. 2.134. Impounding of livestock.
The city shall take appropriate measures for the safety of the public with regard to any livestock found at large.
Sec. 2.135. Places prohibited to livestock.
Livestock shall be prohibited where riding of such livestock poses a hazard to the health and safety of the public.
Sec. 2.136. Penalty.
Any person who shall violate the provisions of this article shall for each violation be deemed guilty of a misdemeanor and shall be fined in accordance with the general penalty provision found in section 1.106 of this Code, and each violation shall be construed to constitute a separate offense.
(Ord. No. 110, 9-8-1980)
Chapter 3 BUILDING AND CONSTRUCTION
ARTICLE 3.100. UNIFORM CODES ADOPTED
Sec. 3.101. International Plumbing Code.
(a) The Uniform Plumbing Code, 1997 Edition, present and all future supplements are hereby adopted as the plumbing code of the Town of Ponder.
(b) The Town of Ponder may from time to time determine that local modifications to the Uniform Plumbing Code, 1997 Edition, and its supplements are necessary and appropriate to meet the unique construction need of the Town of Ponder. To effectuate these local modifications, the town council shall enact individual ordinances amending this section fully setting forth the change to be made in the standard code.
(c) A copy of the adopted code shall be maintained as a public record in the office of the town secretary. These references will be available for public inspection and copying during regular business hours.
Sec. 3.102. Uniform Fire Code.
(a) The Uniform Fire Code, 1997 Edition, present and future supplements are hereby adopted as the fire code of the Town of Ponder.
(b) The Town of Ponder may from time to time determine that local modifications to the Uniform Fire Code, 1997 Edition, and its supplements are necessary and appropriate to meet the unique construction need of the Town of Ponder. To effectuate these local modifications, the town council shall enact individual ordinances amending this section fully setting forth the change to be made in the standard code.
(c) A copy of the adopted code shall be maintained as a public record in the office of the town secretary. These references will be available for public inspection and copying during regular business hours.
Sec. 3.103. Uniform Building Code.
(a) The Uniform Building Code, 1997 Edition, present and future supplements are hereby adopted as the building code of the Town of Ponder.
(b) The Town of Ponder may from time to time determine that local modifications to the Uniform Building Code, 1997 Edition, and its supplements are necessary and appropriate to meet the unique construction need of the Town of Ponder. To effectuate these local modifications, the town council shall enact individual ordinances amending this section fully setting forth the change to be made in the standard code.
(c) A copy of the adopted code shall be maintained as a public record in the office of the town secretary. These references will be available for public inspection and copying during regular business hours.
(d) In addition, with the enactment of this section, the Town of Ponder also adopts the 1997 fees as listed in the 1997 Uniform Building Code.
Sec. 3.104. International Mechanical Code.
(a) The International Mechanical Code, 1997 Edition, present and future supplements are hereby adopted as the mechanical code of the Town of Ponder.
(b) The Town of Ponder may from time to time determine that local modifications to the International Mechanical Code, 1997 Edition, and its supplements are necessary and appropriate to meet the unique construction need of the Town of Ponder. To effectuate these local modifications, the town council shall enact individual ordinances amending this section fully setting forth the change to be made in the standard code.
(c) A copy of the adopted code shall be maintained as a public record in the office of the town secretary. These references will be available for public inspection and copying during regular business hours.
(Ord. No. 200, §§ 1--4, 11-24-1998)
ARTICLE 3.200. BUILDING NUMBERING
(a) From and after the effective date hereof, all buildings and structures, and all lots, tracts or parcels of land abutting on any dedicated street or avenue shall be numbered.
(b) Every building and structure, now or hereafter erected, located within the corporate limits of the Town of Ponder, Texas, shall display its assigned city service address in such a position as to be plainly visible and legible from the street fronting such building or structure.
(c) The term "city service address" used herein shall refer to the house number assigned to such property by the city secretary. A lot which contains multiple buildings or multiple units, suites or offices within a single building will be assigned unit or suite numbers as a part of the "city service address."
(d) The base line for all numbering on streets running East and West shall be State Highway No. 156. The base line for all numbering on streets running North and South shall be Farm Road No. 2449.
(e) All lots or parts of lots, houses, and or structures located on those portions of any street extending North or South and being North of Farm Road 2449, shall be known and designated as "North", and all South of Farm Road 2449 shall be known and designated as "South".
(f) All lots or parts of lots, houses and/or structures located on those portions of any street extending East of State Highway 156 shall be know and designated as "East", and all West of State Highway No. 156 shall be known and designated as "West".
(g) Prefixes shall be placed before the proper name of each street; such as, "North State Highway No. 156" or "East Bailey Street".
(h) Buildings fronting streets running North and South and East and West shall be numbered from their respective base lines. Such numbers shall be 100 at the base line and not exceed the number 199 at the end of the first block, either North or South, East or West of the respective baselines. Such system shall be followed in numbering all the streets within the Town of Ponder.
(i) Blocks and streets shall be numbered in accordance with the latest official street numbering map of the Town of Ponder. The map shall be kept current by the city secretary of Ponder. Any block located upon streets which do not intersect the base line shall bear the "hundred" number of the corresponding block nearest the same location which does intersect with the base line.
(j) In each block, each 70 feet of frontage shall be deemed the unit for determining the last figure of the number to be used. From the corner of each block nearest it's respective base line, each 70 feet of frontage shall be given a separate number. Fractions may be used if necessary to designate a building located on a fractional part of a 70-foot frontage.
(k) In case of doubt or a question arises as to the proper number to be assigned to any lot or building, the city secretary shall decide the question and fix the number of such lot or building.
(l) The number place, placed upon any building shall be metal or wood, or the number may be painted on the front of the building, door, post, transom, or other place. The number shall be at least three inches in height and so as to be easily seen from the street. If the house or structure is not in plain view of the street, the number shall be affixed to the mailbox. If the owner or tenant of any building shall fail, refuse or neglect to place the number or replace the same when necessary, the city secretary may cause a notice to be personally served on said owner or tenant or mailed by certified mail to his/her last known address, ordering him/her to place or replace the number. Said owner or tenant shall comply with such notice within ten days from the date of service.
(m) It shall be unlawful for any person, firm or corporation to violate any provision of this article. Any person, firm or corporation violating the provisions of this article shall, upon conviction, be subject to a fine in accordance with the general penalty provision found in section 1.106 of this Code. Each day the violation continues shall constitute a separate offense and is punishable as such.
(Ord. No. 131, 9-11-1989)
ARTICLE 3.300. UNSAFE BUILDINGS*
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*State law reference(s)--Authority of municipality to regulate unsafe and substandard structures, V.T.C.A., Local Government Code ch. 214.
__________
Sec. 3.301. Definitions.
Responsible party. The owner, occupant or person in custody of the building or structure.
Unsafe building. Any building or structure, excluding owner occupied single-family residential structures, in or about which any or all of the following conditions exist:
(1) Walls or other vertical structural members list, lean, or buckle;
(2) Damage or deterioration exists to the extent that the building is unsafe;
(3) Loads on floors or roofs are improperly distributed or the floors or roofs are of insufficient strength to be reasonably safe for the purposes used;
(4) Damage by fire, wind, or other cause has rendered the building or structure dangerous to life, safety, morals, or the general health and welfare of the occupants or the people of the town;
(5) The building or structure is so dilapidated, substandard, decayed, unsafe, unsanitary, or otherwise lacking in the amenities essential to decent living that the same is unfit for human habitation or is likely to cause sickness, disease or injury or otherwise to constitute a detriment to the health, morals, safety, or general welfare of those persons assembled, working, or living therein or is a hazard to the public health, safety and welfare;
(6) Light, air, and sanitation facilities are inadequate to protect the health, morals, safety, or general welfare of persons who assemble, work, or live therein;
(7) Stairways, fire escapes and other facilities of egress in case of fire or panic are inadequate;
(8) Parts or appendages of the building or structure are so attached that they are likely to fall and injure persons or property.
Sec. 3.302. Standards.
(a) A condition exists in violation of the standards set forth in section 3.301 which condition renders the building or structure unsafe, unsanitary, or otherwise detrimental to the health, safety, morals, or welfare of the people of the town.
(b) The minimum standards prescribed by this article apply to use and occupancy of all buildings in the town regardless of the date of their construction. A responsible party may continue to use and occupy any building located within the town, regardless of the date said building was constructed if such building is not in violation of this article.
Sec. 3.303. Violations; penalty.
(a) Any person, firm, or corporation who violates this article or any part thereof shall be deemed guilty of a misdemeanor and upon conviction thereof may be fined in accordance with the general penalty provision found in section 1.106 of this Code for each offense. Each day the violation continues shall constitute a separate offense
(b) Any person removing, defacing, or obscuring the notice provided for in section 3.311 of this article shall be deemed guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in section 1.106 of this Code.
Sec. 3.304. Unsafe buildings declared to be a nuisance.
(a) It shall be unlawful for any person to maintain or permit the existence of any unsafe building in the town; and it shall be unlawful for any person to permit same to remain in such condition.
(b) All unsafe buildings are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures provided in this article.
(c) The Ponder Police Chief shall enforce the provisions of this article.
Sec. 3.305. Inspection of buildings.
The Ponder Police Chief shall inspect, or cause to be inspected, every building, or portion thereof, reported to be unsafe. If such building, or any portion thereof, is determined to be unsafe, the Ponder Police Chief shall give the responsible party notice in accordance with the requirements set forth in sections 3.306 and 3.307 of this article.
Sec. 3.306. Notice.
Whenever the Ponder Police Chief determines that a building is unsafe, he/she shall give notice of such determination to the responsible party. Such notice shall:
(1) Be in writing;
(2) Identify the specific conditions upon which such determination was based;
(3) Specify the corrective measures required;
(4) Provide a reasonable time for compliance;
(5) Advise the responsible party that there will be conducted a public hearing before the town council to determine whether a building complies with the standards set out as hereinabove set forth. Said notice shall inform the responsible party of the date, time and place of the hearing;
(6) Be served upon the responsible party as set out in this article.
Sec. 3.307. Sufficiency of notice.
Notice given pursuant to this article shall be deemed properly served upon the responsible party if a copy thereof is:
(1) Served upon him/her personally;
(2) Sent by registered or certified mail, return receipt requested, to the last known address of such person as shown on the records of the town; or
(3) Posted in a conspicuous place in or about the building affected by the notice.
Sec. 3.308. Public hearing.
(a) The purpose of the public hearing is to determine whether or not the building is unsafe in accordance with the standards set forth above.
(b) The matter shall be set for hearing before the town council at the earliest practicable date and notice of said hearing shall be served on the responsible party and the Ponder Police Chief not less than ten days prior to the date of said hearing. All interested persons shall have the opportunity to be heard and may introduce evidence to the town council for its members' consideration.
(c) After the public hearing, the town council shall make such findings and orders as it shall deem appropriate.
(d) After the public hearing, if a building is found in violation of standards set out in this article, the town council may order that the building be vacated, secured, repaired, removed, or demolished by the owner within a reasonable time. The town council also may order that the occupants be relocated within a reasonable time. If the responsible party does not take the ordered action within the allotted time, the town council shall make a diligent effort to discover each mortgagee and lienholder having an interest in the building or in the property on which the building is located. The town secretary shall send to each identified mortgagee and lienholder a notice containing:
(1) An identification, and address of the building and the property on which it is located;
(2) A description of the violation of the minimum standards established by this article that is present at the building; and
(3) A statement that the town will vacate, secure, remove, or demolish the building or relocate the occupants of the building if the ordered action is not taken within a reasonable time.
(e) As an alternative to the procedure prescribed in subsection (d), described above, the town council shall make a diligent effort to discover each mortgagee and lienholder before conducting the public hearing and shall give them a notice of and an opportunity to comment at the hearing. If the town proceeds under this subsection, the order issued by the town council shall specify a reasonable time for the building to be vacated, secured, repaired, removed, or demolished by the responsible party and an additional reasonable time for the ordered action to be taken by any of the mortgages or lienholders in the event the responsible party fails to comply with the order within the time provided for action by the responsible party. Under this subsection, the town is not required to furnish any notice to a mortgagee or lienholder other than a copy of the order in the event the responsible party fails to timely take the ordered action.
(f) If the building is not vacated, secured, repaired, removed, or demolished, or the occupants are not relocated within the allotted time, the town may vacate, secure, remove, or demolish the building or relocate the occupants at its own expense.
(g) If the town incurs expenses under subsection (f), the town may assess the expenses on and the town has a lien against, unless it is a homestead as protected by the Texas Constitution, the property on which the building was or is located. The lien is extinguished if the property owner or another person having interest in the legal right to the property reimburses the town for the expenses. The lien arises and attaches to the property at the time the notice of the lien is recorded and indexed in the office of the Denton County Clerk. The notice must contain the name and address of the owner if that information can be determined with a reasonable effort, a legal description of the real property on which the building was located, the amount of expenses incurred by the town, and the balance due.
(h) If the notice is given and the opportunity to repair, remove, or demolish the building is afforded to each mortgagee and lienholder as authorized by subsection (d) or (e), the lien is a privileged lien subordinate only to tax liens and all previously recorded bona fide mortgage liens attached to the real property to which the town's lien attaches.
Sec. 3.309. Assessment of expenses and penalties.
(a) If the town council has held a hearing pursuant to section 3.308(b) and the time allotted for the repair, removal or demolition of a building under section 3.308(d) or section 3.308(e) has expired, then the town council may, in addition to the authority granted under Section 214.001, Local Government Code and Section 6 entitled Public Hearing of this article:
(1) Order the repair of the building at the town's expense and assess the expenses of the land on which the building stands or to which it is attached, or
(2) Assess a civil penalty against the responsible party for failure to repair, remove, or demolish the building.
(3) The town's police chief shall invite at least two or more building contractors to make estimates pertaining to the needed repair, removal or demolition of a building. The Ponder Police Chief shall cause to be made an assessment of expenses or civil penalty based on such estimates. The Ponder Police Chief shall endeavor to minimize the expenses of any building repairs, removal or demolitions order pursuant to this article.
(4) Notice of the assessment of a civil penalty is sufficient if served upon the responsible party personally or sent by registered or certified mail, return receipt requested to the last known address of such responsible party as shown on the records of the town. Failure to pay the civil penalty within 60 days after the notice has been served as set out above shall give rise to a cause of action in favor of the town which said cause of action can be brought in a court of competent jurisdiction for collection of said civil penalty. The assessment of a civil penalty and the collection of that penalty is in addition to and not in lieu of the town's statutory right to punish by a fine any person who does not comply with an order issued by the town council with the respect to the removal, repair, or demolition of an unsafe building or structure.
(b) The town may repair a building under subsection A only to the extent necessary to bring the building into compliance with the minimum standards of the town and only if the building is a residential building with ten or fewer dwelling units. The repairs may not improve the building to the extent that the building exceeds minimum standards prescribed by the town.
(c) The town shall impose a lien against the land on which the building stands or stood, to secure the payment of the repair, removal, or demolition, to secure the payment of the repair, removal, or demolition expenses of the civil penalty. Promptly after the imposition of the lien, the town shall file for record, in recordable form in the office of the Denton County Clerk, a written notice of the imposition of the lien. The notice shall contain a legal description of the land.
(d) Except as provided by section 3.308 as set forth above, the town's lien to secure the payment of a civil penalty or the costs of repairs, removal, or demolition is inferior to any previously recorded bona fide mortgage lien attached to the real property to which the town's lien attaches if the mortgage lien was filed for record in the office of the Denton County Clerk before the date the civil penalty is assessed or the repair, removal, or demolition is begun by the town. The town's lien is superior to all other previously recorded judgment liens.
(e) Any civil penalty or other assessment imposed under this section accrues interest at the rate of ten percent a year from the date of the assessment until paid in full.
(f) In any judicial proceeding regarding enforcement of municipalities under this section, the prevailing party is entitled to recover reasonable attorney's fees from the nonprevailing party.
Sec. 3.310. Additional authority to secure substandard buildings.
(a) The town through the town council may secure a building the town council determines:
(1) Violates the minimum standards of this article; and
(2) Is unoccupied or is occupied only by persons who do not have right of possession to the building.
(b) Before the eleventh day after the building is secured, the town shall give notice to the owner by:
(1) Personally serving the owner with written notice;
(2) Depositing the notice in the United States Mail addressed to the owner at the owner's post office address;
(3) Publishing the notice at least twice within a ten-day period in a newspaper of general circulation in the county in which the building is located if personal service cannot be obtained and the owner's post office is unknown; or
(4) Posting the notice on or near the front door of the building if personal service cannot be obtained and the owner's post office address is unknown.
(c) The notice must contain:
(1) An identification and address of the building and the property on which it is located;
(2) A description of the violation of the minimum standards established by this article that is present at the building;
(3) A statement that the town will secure or has secured, as the case may be, the building; and
(4) An explanation of the owner's entitlement to request a hearing about any matter relating to the town's securing of the building.
(d) The town council shall conduct a hearing at which the owner may testify or present witnesses or written information about any manner relating to the securing of the building if, within 30 days after the date the building is secured, the owner files with the town secretary directed to the town council a written request of the hearing. The town council shall conduct a hearing within 20 days after the date the request is filed.
(e) The town council adjustment will have the same authority to assess expenses under this section as it has to assess expenses under Section 214.001 of the Texas Local Government Code and section 3.308 above. A lien is created under this Section in the same manner that a lien is created under Section 214.001 et seq. of the Texas Local Government Code and section 3.308 above and is subject to the same conditions as a lien created under the provisions of the Texas Local Government Code and this article.
(f) The authority granted by this Section is in addition to that granted by Section 214.001 of the Texas Local Government Code and sections 3.308 and 3.309 above.
Sec. 3.311. Posting.
(a) In the event the town council makes a determination after the public hearings required herein that the building is deemed to be an unsafe building, the Ponder Police Chief shall cause to be posted at each entrance to such building a notice to read as follows:
DANGEROUS
DO NOT ENTER, UNSAFE TO OCCUPY
POLICE CHIEF
TOWN OF PONDER, TEXAS
(b) Such notice shall remain posted until required repairs, demolition, or removal is completed and such premises have been rendered safe. Such notice shall not be removed without written permission of the Ponder Police Chief, and no person shall enter the building except for making inspections or required repairs or to demolish such building.
Sec. 3.312. Resort to the courts.
Nothing in this article shall be construed as abridging the right of the Town of Ponder Texas to resort to the courts of this state for the enforcement of this article, or of the rights of any owner or interested party to resort to the courts of this state in an attempt to enjoin the enforcement of this article.
(Ord. No. 163, 12-6-1993)
Chapter 4 BUSINESS AND COMMERCE
ARTICLE 4.100. COIN OPERATED MACHINE TAX*
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*State law reference(s)--Taxation of coin-operated machines, V.T.C.S., art. 8814.
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(a) Every person, individual, firm, company, association, or corporation, save an owner holding an import license and holding coin-operated machines solely for resale, who owns, controls, possesses, exhibits, displays, or who permits to be exhibited or displayed in the city any coin-operated amusement machine shall pay, and there is hereby levied on each such machine an annual occupation tax of $7.50. Any machine exempted by the State of Texas shall be exempt under this article.
(b) Every person, individual, firm, company, association, or corporation engaging in the business of owning or exhibiting skill or pleasure coin-operated machines within the city shall pay an annual license fee to the city as provided for in the fee schedule found in the appendix of this Code.
(Ord. No. 69, §§ 2, 3, 11-5-1984; Ord. No. 73, 2-11-1985)
ARTICLE 4.200. MEAT PACKING BUSINESSES
(a) Every meat processing and packing plant and slaughterhouse within the town limits of the Town of Ponder, Texas shall be required to abide by the following restrictions:
(1) Every meat packing and processing plant or slaughterhouse within the town limits of the Town of Ponder, Texas, shall be approved by the United States Government.
(2) During any and all times when slaughtering is taking place, there shall be a United States Government approved inspector on duty.
(3) All meat processing and/or, slaughtering shall be conducted inside enclosed premises.
(4) At no time shall there be any live animal activity allowed outside of the meat processing and packing or slaughterhouse building, except for the loading and unloading of live animals.
(5) All by-products from the meat processing and packing plant or slaughterhouse shall be disposed of according to the Texas state laws regarding such, and at no time shall any by products be stored or kept outside of the building.
(b) Violation of this article shall be enforceable by civil remedies as provided by law.
(Ord. No. 90, 1-6-1986)
ARTICLE 4.300. FAIR HOUSING*
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*State law reference(s)--Authority of municipality to adopt fair housing ordinance, V.T.C.A., Local Government Code, § 51.002.
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Sec. 4.301. Policy.
It is the policy of the City of Ponder, Texas, to provide, within constitutional limitations, for fair housing throughout the City of Ponder, Texas.
Sec. 4.302. Definitions.
Dwelling. Means any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as a residence for one or more families, and any vacant land which is offered for sale or lease for the construction or location of any building, structure, or portion thereof.
Family. Includes a single individual.
Person. Includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, receivers and fiduciaries.
To rent. Includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.
Discriminatory housing practice. Means an act that is unlawful under sections 4.303, 4.304 and 4.305 of this article.
Sec. 4.303. Discrimination in the sale or rental of housing.
It shall be unlawful:
(1) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of families with children, handicapped person, race, color, religion, sex or national origin.
(2) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provisions of services or facilities in connection therewith, because of families with children, handicapped person, race, color, religion, sex or national origin.
(3) To make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on families with children, handicapped person, race, color, religion, sex or national origin, or an intention to make any such preference, limitation, or discrimination.
(4) To represent to any person because of families with children, handicapped person, race, color, religion, sex or national origin that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available.
(5) For profit, in induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular families with children, handicapped person, race, color, religion, sex or national origin.
Sec. 4.304. Discrimination in financing of housing.
It shall be unlawful for any bank, building and loan association, insurance company, or other corporation, association, firm or enterprise, situated within the city limits of Ponder, Texas, whose business consists in whole or in part in the making of commercial real estate loans, to deny a loan or other financial assistance to a person applying therefore for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling, or to discriminate against him in the fixing of the amount, interest rate, duration, or other terms or conditions of such loan or other financial assistance, because of families with children, handicapped person, race, color, religion, sex or national origin of such person or of any person associated with him in connection with such loan or other financial assistance, or of the present or prospective owners, lessees, tenants, or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given.
Sec. 4.305. Discrimination in provision of brokerage services.
It shall be unlawful to deny any person access to or membership or participation in any multiple-listing service, real estate broker's organization or other service, organization, or facility relating to the business or selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership, or participation, on account of families with children, handicapped person, race, color, religion, sex or national origin.
Sec. 4.306. Religious organization or private club exemption.
Nothing in this article shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of families with children, handicapped person, race, color, sex or national origin.
Sec. 4.307. Fair housing administrator.
The city council shall appoint a fair housing administrator whose specific duty shall be to insure the provisions of this article are complied with.
Sec. 4.308. Enforcement.
(a) Any person who claims to have been injured by a discriminatory housing practice or who believes that he will be irrevocably injured by a discriminatory housing practice that is about to occur, (hereafter "person aggrieved") may file a compliant with the fair housing administrator. Complaints shall be in writing and shall contain such information and be in such form as the administrator requires. Upon receipt of such a complaint the administrator shall furnish a copy of the same to the person or persons who allegedly committed or are about to commit the alleged discriminatory housing practice. Within 30 days after receiving a compliant, or within 30 days after the expiration of any period of reference under subsection (c) of this section; the administrator shall investigate the complaint and give notice in writing to the person aggrieved whether he intends to resolve it. If the administrator decides to resolve the compliant, he shall proceed to try to eliminate or correct the alleged discriminatory housing practice by informal methods or conference, conciliation, and persuasion. Nothing said or done in the course of such informal endeavors may be made public or used as evidence in a subsequent proceeding without the written consent of the persons concerned.
(b) A complaint under subsection (a) of this section shall be filed within 180 days after the alleged discriminatory housing practice occurred. Complaints shall be in writing and shall state the facts upon which the allegations of a discriminatory housing practice are based. Complaints may be reasonably and fairly amended at any time. A respondent may file an answer to the complaint against him and with the leave of the administrator, which shall be granted whenever it would reasonable and fair to do so, may amend his answer at any time. Both complaints and answers shall be verified.
(c) If within 30 days after a compliant is filed with the administrator, he has been unable to obtain voluntary compliance with this article, the person aggrieved may, within 30 days thereafter, commence a civil action in any appropriate state court, against the respondent named in the compliant, to enforce the rights granted or protected by this article, insofar as such right relate to the subject of the compliant. If the court finds that a discriminatory housing practice has occurred or is about to occur, the court may, subject to the provisions of this article, enjoin the respondent from engaging in such practice or order such affirmative action as may be appropriate.
(d) In any proceeding brought pursuant to this section, the burden of proof shall be on the complainant.
(e) Whenever an action filed by an individual, in state court, pursuant to this section, shall come to trial the administrator shall immediately terminate all efforts to obtain voluntary compliance.
(f) In lieu of the remedies above provided, the administrator may authorize the city attorney to institute such legal proceedings deemed appropriate.
(g) Any person who willfully fails or neglects to attend and testify or to answer any lawful inquiry or to produce records, documents, or other evidence, if in his power to do so, in obedience to the orders of the administrator, shall be fined in accordance with the general penalty provision found in section 1.106 of this Code. Any person who, with intent thereby to mislead the administrator, shall make or cause to be made any false entry or statement of fact in any report, account, record, or other documents, or shall willfully mutilate, alter, or by any other means falsify any documentary evidence, shall be fined in accordance with the general penalty provision found in section 1.106 of this Code.
Sec. 4.309. Cooperation with the Secretary of Housing and Urban Development; utilization of services and personnel; written agreements.
The administrator may cooperate with state and federal agencies charged with the administration of state and federal fair housing laws and, with the consent of such agencies, utilize the services of such agencies and their employees. In furtherance of such cooperative efforts, the administrator may enter into written agreements with such state or federal agencies.
Sec. 4.310. Penalties.
Any "person" who is convicted of violating this article shall be fined in accordance with the general penalty provision found in section 1.106 of this Code.
(Ord. No. 151, 12-17-1991)
ARTICLE 4.400. CABLE TELEVISION REGULATIONS*
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*State law reference(s)--Cable Television Consumer Protection and Competition Act, Public Law No. 102-385 (1992).
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Sec. 4.401. Definitions.
In this article:
Basic cable rates. The monthly charges for a subscription to the basic service tier and the associated equipment.
Basic service tier. A separately available service tier to which subscription is required for access to any other tier of service, including as a minimum, but not limited to, all must-carry signals, all PEG channels, and all domestic television signals other than superstations.
Benchmark. A per channel rate of charge for cable service and associated equipment which the FCC has determined is reasonable.
Cable Act of 1992. The Cable Television Consumer Protection and Competition Act of 1992.
Cable operator. Any person or group of persons:
(1) Who provide cable service over a cable system and directly or through one or more affiliates owns a significant interest in such a cable system; or
(2) Who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system.
Channel. A unit of cable service identified and selected by a channel number of similar designation.
Cost of service showing. A filing in which the cable operator attempts to show that the benchmark rate or the price cap is not sufficient to allow the cable operator to fully recover the costs of providing the basic service tier and to continue to attract capital.
FCC. The Federal Communications Commission.
Initial basic cable rates. The rates that the cable operator is charging for the basic service tier, including charges for associated equipment, at the time the city notifies the cable operator of the city's qualification and intent to regulate basic cable rates.
Must-carry signal. The signal of any local broadcast station (except superstations which is required to be carried on the basic service tier).
Peg channel. The channel capacity designated for public, educational, or governmental use, and facilities and equipment for the use of that channel capacity.
Price cap. The ceiling set by the FCC on future increases in basic cable rates regulated by the city, based on a formula using the GNP fixed weight price index (or recently adopted calculation of the Gross Domestic Product, GDP), whichever calculation is being used at the date in question, reflecting general increases in the cost of doing business and changes in overall inflation.
Reasonable rate standard. A per channel rate that is at, or below, the benchmark or price cap level.
Superstation. Any non-local broadcast signal secondarily transmitted by satellite.
Sec. 4.402. Initial review of basic cable rates.
(a) Notice. Upon the adoption of this article and the certification of the city by the FCC, the city shall immediately notify all cable operators in the city, by certified mail, return receipt requested, that the city intends to regulate subscriber rates charged for the basic service tier and associated equipment as authorized by the Cable Act of 1992.
(b) Cable operator response. Within 30 days of receiving notice from the city, a cable operator shall file with the city, its current rates for the basic service tier and associated equipment and any supporting material concerning the reasonableness of its rates.
(c) Expedited determination and public hearing.
(1) If the city council is able to expeditiously determine that the cable operator's rates for the basic service tier and associated equipment are within the FCC's reasonable rate standard, as determined by the applicable benchmark, the city council shall:
(A) Hold a public hearing at which interested persons may express their views; and
(B) Act to approve the rates within 30 days from the date the cable operator filed its basic cable rates with the city.
(2) If the city council takes no action within 30 days from the date the cable operator filed its basic cable rates with the city, the proposed rates will continue in effect.
(d) Extended review period.
(1) If the city council is unable to determine whether the rates in issue are within the FCC's reasonable rate standard based on the material before it, or if the cable operator submits a cost-of-service showing, the city council shall, within 30 days from the date the cable operator filed its basic cable rates with the city and by adoption of a formal resolution, invoke the following additional periods of time, as applicable, to make a final determination:
(A) 90 days if the city council needs more time to ensure that a rate is within the FCC's reasonable rate standard; or
(B) 150 days if the cable operator has submitted a cost-of-service showing seeking to justify a rate above the applicable benchmark.
(2) If the city council has not made a decision within the 90- or 150-day period, the city council shall issue a brief written order at the end of the period requesting the cable operator to keep accurate account of all amounts received by reason of the proposed rate and on whose behalf the amounts are paid.
(e) Public hearing. During the extended review period and before taking action on the proposed rate, the city council shall hold at least one public hearing at which interested persons may express their views and record objections.
(f) Objections. An interested person who wishes to make an objection to the proposed initial basic rate may request the city secretary to record the objection during the public hearing or may submit the objection in writing anytime before the decision resolution is adopted. In order for an objection to be made part of the record, the objector must provide the city secretary with the objector's name and address.
(g) Benchmark analysis. If a cable operator submits its current basic cable rate schedule as being in compliance with the FCC's reasonable rate standard, the city council shall review the rates using the benchmark analysis in accordance with the standard form authorized by the FCC. Based on the city council's findings, the initial basic cable rates shall be established as follows:
(1) If the current basic cable rates are below the benchmark, those rates shall become the initial basic cable rates and the cable operator's rates will be capped at that level.
(2) If the current basic cable rates exceed the benchmark, the rates shall be the greater of the operator's per channel rate on September 30, 1992, reduced by ten percent, or the applicable benchmark, adjusted for inflation and any change in the number of channels occurring between September 30, 1992 and the initial date of regulation.
(3) If the current basic cable rates exceed the benchmark, but the cable operator's per channel rate was below the benchmark on September 30, 1992, the initial basic cable rate shall be the benchmark, adjusted for inflation.
(h) Cost-of-service showings. If a cable operator does not wish to reduce the rates to the permitted level, the cable operator shall have the opportunity to submit a cost-of-service showing in an attempt to justify a initial basic cable rates above the FCC's reasonable rate standard. The city council will review a cost-of-service submission pursuant to FCC's standards for cost-of-service review. The city council may approve initial basic cable rates above the benchmark if the cable operator makes the necessary showing; however, a cost-of-service determination resulting in rates below the benchmark or below the cable operator's September 30, 1992 rates minus ten percent, will prescribe the cable operator's new rates.
(i) Decision.
(1) By formal resolution. After completion of its review of the cable operator's proposed rates, the city council shall adopt its decision by formal resolution. The decision shall include one of the following:
(A) If the proposal is within the FCC's reasonable rate standard or is justified by a cost-of-service analysis, the city council shall approve the initial basic cable rates proposed by the cable operator; or
(B) If the proposal is not within the FCC's reasonable rate standard and the cost-of-service analysis, if any, does not justify the proposed rates, the city council shall establish initial basic cable rates that are within the FCC's reasonable rate standard or that are justified by a cost-of-service analysis.
(2) Rollbacks and refunds. If the city council determines that the initial basic cable rates submitted exceed the reasonable rate standard or that the cable operator's cost-of-service showing justifies lower rates, the city council may order the rates reduced in accordance with paragraph (g) or (h) above, as applicable. In addition, the city council may order the cable operator to pay subscribers, refunds of the excessive portion of the rates with interest (computed at applicable rates published by the Internal Revenue Service for tax refunds and additional tax payments), retroactive to September 1, 1993. The method for paying any refund and the interest rate will be in accordance with FCC regulations as directed in the city council's decision resolution.
(3) Statement of reasons for decision and public notice. If rates proposed by a cable operator are disapproved in whole or in part, or if there were objections made by other parties to the proposed rates, the resolution must state the reasons for the decision and the city council must give public notice of its decision. Public notice will be given by advertisement once in the official newspaper of the city.
(j) Appeal. The city council's decision concerning rates for the basic service tier or associated equipment, may be appealed to the FCC in accordance with applicable federal regulations.
Sec. 4.403. Review of request for increase in basic cable rates.
(a) Notice. A cable operator in the city who wishes to increase the rates for the basic service tier or associated equipment shall file a request with the city and notify all subscribers at least 30 days before the cable operator desires the increase to take effect. This notice may not be given more often than annually and not until at least one year after the determination of the initial basic cable rates.
(b) Expedited determination and public hearing.
(1) If the city council is able to expeditiously determine that the cable operator's rate increase request for basic cable service is within the FCC's reasonable rate standard, as determined by the applicable price cap, the city council shall:
(A) Hold a public hearing at which interested persons may express their views; and
(B) Act to approve the rate increase within 30 days from the date the cable operator filed its request with the city.
(2) If the city council takes no action within 30 days from the date the cable operator filed its request with the city, the proposed rates will go into effect.
(c) Extended review period.
(1) If the city council is unable to determine whether the rate increase is within the FCC's reasonable rate standard based on the material before it, or if the cable operator submits a cost-of-service showing the city council shall, by adoption of a formal resolution, invoke the following additional periods of time, as applicable, to make a final determination:
(A) 90 days if the city council needs more time to ensure that the requested increase is within the FCC's reasonable rate standard as determined by the applicable price cap; and
(B) 150 days if the cable operator has submitted a cost-of-service showing seeking to justify a rate increase above the applicable price cap.
(2) The proposed rate increase is tolled during the extended review period.
(3) If the city council has not made a decision within the 90- or 150-day period, the city council shall issue a brief written order at the end of the period requesting the cable operator to keep accurate account of all amounts received by reason of the proposed rate increase and on whose behalf the amounts are paid.
(d) Public hearing. During the extended review period and before taking action on the requested rate increase, the city council shall hold at least on public hearing at which interested persons may express their views and record objections.
(e) Objections. An interested person who wishes to make an objection to the proposed rate increase may request the city secretary to record the objection during the public hearing or may submit the objection in writing anytime before the decision resolution is adopted. In order for an objection to be made part of the record, the objector must provide the city secretary with the objector's name and address.
(f) Delayed determination. If the city council is unable to make a final determination concerning a requested rate increase within the extended time period, the cable operator may put the increase into effect, subject to subsequent refund if the city council later issues a decision disapproving any portion of the increase.
(g) Price cap analysis. If a cable operator presents its request for a rate increase as being in compliance with the FCC's price cap, the city council shall review the rate using the price cap analysis in accordance with the standard form authorized by the FCC. Based on the city council's findings, the basic cable rates shall be established as follows:
(1) If the proposed basic cable rate increase is within the price cap established by the FCC, the proposed rates shall become the new basic cable rates.
(2) If the proposed basic cable rate increase exceeds the price cap established by the FCC, the city council shall disapprove the proposed rate increase and order an increase that is in compliance with the price cap.
(h) Cost-of-service showings. If a cable operator submits a cost-of-service showing in an attempt to justify a rate increase above the price cap, the city council will review the submission pursuant the FCC standards for cost-of-service review. The city council may approve a rate increase above the price cap if the cable operator makes the necessary showing; however, a cost-of-service determination resulting in a rate below the cable operator's then current rate will prescribe the cable operator's new rate.
(i) Decision. The city council's decision concerning the requested rate increase, shall be adopted by formal resolution. If a rate increase proposed by a cable operator is disapproved in whole or in part, or if objections were made by other parties to the proposed rate increase, the resolution must state the reasons for the decision. Objections may be made at the public hearing by a person requesting the city secretary to record the objection or may be submitted in writing at anytime before the decision resolution is adopted.
(j) Refunds.
(1) The city council may order refunds of subscribers' rate payments with interest if:
(A) The city council was unable to make a decision within the extended time period as described in paragraph (c) above; and
(B) The cable operator implemented the rate increase at the end of the extended review period; and
(C) The city council determines that the rate increase as submitted exceeds the applicable price cap or that the cable operator failed to justify the rate increase by a cost-of-service showing, and the city council disapproves any portion of the rate increase.
(2) The method for paying any refund and the interest rate will be in accordance with FCC regulations as directed in the city council's decision resolution.
(k) Appeal. The city council's decision concerning rates for the basic service tier or associated equipment, may be appealed to the FCC in accordance with applicable federal regulations.
Sec. 4.404. Cable operator information.
(a) City may require.
(1) In those cases when the cable operator has submitted initial rates or proposed an increase that exceeds the reasonable rate standard, the city council may require the cable operator to produce information in addition to the submitted, including proprietary information, if needed to make a rate determination. In these cases, a cable operator may request the information be kept confidential in accordance with this section.
(2) In cases where initial or proposed rates comply with the reasonable rate standard, the city council may request additional information only in order to document that the cable operator's rates are in accordance with the standard.
(b) Request for confidentiality.
(1) A cable operator submitting information to the city council may request in writing that the information not be made routinely available for public inspection. A copy of the request shall be attached to and cover all of the information and all copies of the information to which it applies.
(2) If feasible, the information to which the request applies shall be physically separated from any information to which the request does not apply. If this is not feasible, the portion of the information to which the request applies shall be identified.
(3) Each request shall contain a statement of reasons for withholding inspection and a statement of the facts upon which those reasons are based.
(4) Casual requests which do not comply with the requirements of this subsection, shall not be considered.
(c) City council action. Requests which comply with the requirements of subsection (b), will be acted upon by the city council. The city council will grant the request if the cable operator presents by a preponderance of the evidence, a case for nondisclosure consistent with applicable federal regulations. If the request is granted, the ruling will be placed in a public file in lieu of the information withheld from public inspection. If the request does not present a case for nondisclosure and the city council denies the request, the city council shall take one of the following actions:
(1) If the information has been submitted voluntarily without any direction from the city, the cable operator may request that the city return the information without considering it. Ordinarily, the city will comply with this request. Only in the unusual instance that the public interest so requires, will the information be made available for public inspection.
(2) If the information was required to be submitted by the city council, the information will be made available for public inspection.
(d) Appeal. If the city council denies the request for confidentiality, the cable operator may seek review of that decision form the FCC within five working days of the city council's decision, and the release of the information will be stayed pending review.
Sec. 4.405. Automatic rate adjustments.
(a) Annual inflation adjustment. In accordance with FCC regulations, the cable operator may adjust its capped base per channel rate for the basic service tier annually the final GNP/GDP-PI.
(b) Other external costs.
(1) The FCC regulations also allow the cable operator to increase its rate for the basic service tier automatically to reflect certain external cost factors to the extent that the increase in cost of those factors exceeds the GNP/GDP-PI. These factors include retransmission consent fees, programming costs, state and local taxes applicable to the provision of cable television service, and cost of franchise requirements. The total cost of an increase in a franchise fee may be automatically added to the base per channel rate, without regard to its relation to the GNP/GDP-PI.
(2) For all categories of external costs other than retransmission consent and franchise fees, the starting date for measuring changes in external cost for which the basic service per channel rate may be adjusted will be the date on which the basic service tier becomes subject to regulation or February 28, 1994, whichever occurs first. The permitted per channel charge may not be adjusted for costs of retransmission consent fees or changes in those fees incurred before October 6, 1994.
(c) Notification and review. The cable operator shall notify the city at least 30 days in advance of a rate increase based on automatic adjustment items. The city shall review the increase to determine the item or items qualifying as automatic adjustments. If the city makes no objection within 30 days of receiving notice of the increase, the increase may go into effect.
Sec. 4.406. Enforcement.
(a) Refunds. The city may order the cable operator to refund to subscribers a portion of previously paid rates under the following circumstances:
(1) A portion of the previously paid rates have been determined to be in excess of the permitted tier charge or above the actual cost of equipment; or
(2) The cable operator has failed to comply with a valid rate order issued by the city.
(b) Fines. If the cable operator fails to comply with a rate decision or refund order the cable operator shall be subject to a fine in accordance with the general penalty provision found in section 1.106 of this Code for each day the cable operator fails to comply.
(Ord. No. 162, 11-4-1993)
ARTICLE 4.500. FILMING PERMIT
Sec. 4.501. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Film. To perform or undertake any activity in a public place within the city limits of Ponder for the purpose of recording moving images onto tangible medium, including, but not limited to, motion picture photographic film, videotape, videodisc, or digitized storage of video data.
Film permit. A permit as required by this article filming within the Town of Ponder.
Street use. Any activity which would require the closing of any street for more than 15 minutes including but not limited to the following activities: parade, filming of movies, march, ceremony, show, exhibition, pageant or procession of any kind or any similar display in or upon any street, sidewalk, park or other public place in the city limits of the Town of Ponder.
Street use permit. A permit as required by this article for street use.
Sec. 4.502. Permit required.
(a) It shall be unlawful for any person, corporation, firm, company or other individual to engage in, participate in, aid, form or start any street use for any purpose other than its ordinary and normal purpose, unless a street use permit has been obtained from the Town of Ponder.
(b) The permit required in subsection (a) of this section shall not apply to the following:
(1) Funeral processions;
(2) Students going to and from school classes or participating in educational activities, provided such conduct is under the immediate direction and supervision of the proper school authorities;
(3) A government agency acting within the scope of its functions.
(c) It shall be unlawful for any production company, business, or individual who wishes to film a feature film, television movie, television episode, television commercial, or music video within the city limits, unless a film permit has been obtained from the Town of Ponder.
Sec. 4.503. Application.
(a) Forms. A person seeking issuance of street use or film permit shall file an application with the town secretary on forms provided by him/her.
(b) Filing period. An application for a street use permit and film permit shall set forth the following information:
(1) The name, address and telephone number of the person seeking the permit;
(2) Any organization's name, address and telephone number of the headquarters of the organization and of the authorized and responsible heads of such organization;
(3) The name, address and telephone number of the person who will be overseeing the permitted activity and who will be responsible for the people participating;
(4) The date when the permitted activity is to take place;
(5) The area to be used;
(6) The number of persons who and animals and vehicles which will be involved in the permitted activity;
(7) The hours when the permitted activity will start and terminate;
(8) A statement as to whether the street use will occupy all or only a portion of the width of the streets proposed to be traversed;
(9) The type of trucks, automobiles and other vehicles that will be used;
(10) Detailed information on the use of firearms, fire, pyrotechnics, flammable substance, explosives, or other hazardous materials or effects to be used.
(d) Insurance. The applicant shall provide proof of comprehensive general liability insurance covering its operations within the Town of Ponder for bodily injury and property damage in the minimum amount of $500,000.00 combined single limit on a per occurrence basis. If hazardous materials are involved, the chief of police may impose additional insurance requirements as necessary. The applicant shall ensure that all policies remain in full force and effect during all phases of the permitted activity.
Sec. 4.504. Indemnification.
The applicant shall agree to indemnify and hold harmless the Town of Ponder, its officers, agents, and employees, from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, or for damage to any property, arising out of or in connection with the activities performed by the applicant within the town, whether such injuries, death, or damages, are caused by the town's sole negligence or the joint negligence of the town and any other party.
Sec. 4.506. Duties of permittee.
(a) A permittee shall comply with all permit directions and conditions and with all applicable laws and ordinances.
(b) The chairman or other person heading or leading the permitted activity shall carry the street use or filming permit upon his person at all times during the permitted activity.
Sec. 4.507. Revocation.
The mayor or two aldermen shall have the authority to revoke a permit issued under this article upon application of the standards for issuance as set forth in this article.
Sec. 4.508. Notice of rejection of application.
The town secretary shall act upon the application for a permit under this article within three days after the filing thereof. If the town secretary disapproves the application, he/she shall mail to the applicant within seven days after the date upon which the application was filed a notice of this action, stating the reason for his denial of the permit.
Sec. 4.509. Appeal procedure if permit denied.
Any person aggrieved shall have the right to appeal the denial of street use permit to the city council. The appeal shall be taken within three days after notice. The city council shall act upon the appeal at its next meeting.
The chief of police, in denying an application for a street use permit, shall be empowered to authorized the conduct of the street use on a date, at a time or over a route different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within three days after notice of the action of the chief of police, file a written notice of acceptance with the chief of police. An alternate street use permit shall conform to the requirements of and shall have the effect of a street use permit under this article.
Sec. 4.510. Notice to city and other officials upon issuance of street use permit.
Immediately upon the issuance of a permit under this article, the town secretary shall send a copy thereof to the following:
(1) The mayor and council members/alderman;
(2) The fire chief;
(3) The town engineer; and
(4) The chief of police.
Sec. 4.511. Contents.
Each permit shall state the following information:
(1) Starting time;
(2) Maximum interval of space to be maintained between the units of the street use;
(3) The portions of the streets to be traversed that may be occupied by the street use;
(4) The maximum length of the street use in miles or fractions thereof; and
(5) Such other information as the town secretary shall find necessary to the enforcement of this article.
Sec. 4.512. Enforcement of article.
The terms and conditions of this article shall be enforced by the chief of police.
Sec. 4.513. Penalty.
Any person, or any owner or occupant, or agent of any owner or occupant, violating any of the terms of this article shall be subject to a fine, upon conviction in the municipal court, as provided for in the general penalty provision found in section 1.106 of this Code, and each and every day that the premises shall remain in a condition in violation of the terms of this article shall constitute a separate and distinct offense. Upon the trail of any person brought before the court, the court is authorized to fix a time within which any such person may be allowed to abate the violation, if in judgment of the court, such action is deemed advisable.
(Ord. No. 173, 2-6-1995)
ARTICLE 4.600. PEDDLERS AND SOLICITORS*
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*State law reference(s)--Authority of municipality to license, tax, suppress, prevent, or otherwise regulate peddlers, hawkers and solicitors, V.T.C.A., Local Government Code, § 215.031.
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Sec. 4.601. Definitions.
When used in this article, the following words shall have the meanings respectively ascribed to them by this section.
Goods or merchandise. Any property of value, or commodities of commerce that can be bought or sold, or wares of any nature.
Interstate commerce. Soliciting, selling or taking orders for any goods, wares, merchandise, photographs, newspapers or magazines which, at the time the order is taken are in another state or will be produced in another state and shipped or introduced into this town in the fulfillment of such orders.
Itinerant merchant. A person who sets up and operates a temporary business within the preemies of another business or any other building or location in the Town of Ponder, soliciting, selling, or taking orders for, or offering to sell or take orders for any goods or services.
Person. The singular and plural and shall also mean and include any person, firm, corporation, association, partnership or co-partnership.
Police chief. The chief of police of the Town of Ponder or his or her designee.
Residence. Any separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure.
Solicitation activities. The practices of solicitors as listed below.
Solicitation transaction. A transaction or the purchase of goods or services, payable in installments or cash, in which the solicitor engages in a personal solicitation of a sale to a person at a residence. A solicitation transaction shall not include a sale made pursuant to a pre-existing retail charge agreement, or a sale made pursuant to prior negotiations between the parties at a business establishment at a fixed location where goods or services are offered or exhibited for sale; or a sale of realty in which transaction the purchaser is represented by a licensed attorney or in which the transaction is being negotiated by a licensed real estate broker.
Solicitor. Any person, whether a resident of the Town of Ponder or not, including an employee or agent of another, traveling either by foot, automobile, truck, or some other type of conveyance, who engages in the practice of going door-to-door, house-to-house, or along any streets within the Town of Ponder:
(1) Selling or taking orders for or offering to sell or take orders for goods, merchandise, wares, or other items of value for further delivery, or services to be performed in the future, for commercial purposes; or
(2) Requesting contribution of funds, property, or anything of value, or the pledge of any type of future donation, or selling or offering for sale any type of property, including but not limited to goods, tickets, books, and pamphlets, for political, charitable, religious, or other non-commercial purposes.
Town. The Town of Ponder, Texas.
Sec. 4.602. License application.
(a) Any person who wishes to engage in home solicitation or any itinerant merchant who wishes to solicit within the town shall file a written application with the city secretary or designee. Said application shall show:
(1) Proof of the identity and home address of the applicant and the name and address of the employer, firm, association, organization, corporation, partnership or co-partnership which such applicant represents; and
(2) A brief description of the nature, character and quality of the goods to be sold; and
(3) If a motor vehicle is to be used, a description of the vehicle together with the motor vehicle registration number and the license plate number; and
(4) A description of the proposed locations of the solicitation; and
(5) The period of time the applicant so wishes to solicit, sell or take orders in the town; and
(6) The names of other communities in which the applicant has worked as a solicitor in the past 12 months; and if he or she was employed by a different company in those communities, and the name of those companies; and
(7) Whether the applicant has been convicted within the last five years for burglary, theft, fraud, robbery or rape; and
(8) Proof of sales tax permit issued by the state or proof that the goods sold are not subject to such sales tax; and
(9) An itinerant merchant who makes application to offer his or her goods for sale upon private properly shall provide written proof that he or she has permission to use such property from the owner, or the owners agent.
(b) A license requested under this article shall be issued for the length of time requested, not three months; and
(c) Upon expiration of a permit, the solicitor or itinerant merchant may apply for a new permit.
Sec. 4.603. License.
(a) It shall be unlawful for any person to engage in the business of solicitor or itinerant merchant as defined in this article within the corporate limits of the Town of Ponder without first obtaining a license therefore as provided herein. It shall also be unlawful to sell or solicit as herein defined without carrying such license while engaged in such activity.
(b) The license shall be used only by the person to whom it was issued and may not be transferred to any other person.
(c) It shall be unlawful for any person soliciting to fail or refuse to display such license upon the request of any person demanding the same.
Sec. 4.604. Regulations.
The following regulations apply to solicitors engaged in solicitation activities in the Town of Ponder:
(1) Every person who shall comply with this article and shall sell, or offer for sale, any of the articles as herein specified, shall at all times keep the same in a clean and sanitary condition, and shall also keep in their wagons, vehicles or other conveyances in a clean and sanitary condition, and they shall not sell, or offer for sale, any unwholesome articles, nor shall they give or make any false weights or measures of any of the various articles as specified and covered by this article.
(2) It shall be unlawful for any person selling or soliciting orders for goods, wares, merchandise, services, magazines, or newspapers or subscriptions to magazines or newspapers, except as herein provided, to go in or upon the premises of a private residence in the Town of Ponder unless requested or invited to do so by the owner or occupant of the same residence for the purpose of selling or disposing of or peddling same, and shall leave the premises upon request.
(3) No person shall engage in business as a solicitor in defiance of any notice exhibited by a residence or business indicating that solicitors are not welcome or not invited:
(A) A person, desiring that no merchant or other person engage in home solicitation at his or her residence, shall exhibit in a conspicuous place upon or near the main entrance of the residence, a weatherproof card, not less than two inches by four inches in size, containing the words, "NO SOLICITORS." The letters shall be not less than two-thirds of an inch in height.
(B) Every solicitor upon going onto any premises upon which a residence is located shall first examine the residence to determine if any notice prohibiting solicitation is exhibited. The solicitor shall immediately depart from the premises without disturbing the occupant, unless the visit is the result of a request made by the occupant.
(4) No solicitor, not any person in his or her behalf, shall shout, make any cry out, blow a horn, ring a bell or use any sound device, including any sound amplifying system or loud speaker radio upon any of the streets, alleys, parks or other public places of the Town of Ponder or upon any private premises in the said town where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks, or other public places, for the purpose of attracting attention to any goods, wares, or merchandise which such licensee proposes to sell.
(5) No solicitor shall have any exclusive right to any location in the public streets or rights of way, or alleys, nor shall he or she be permitted to operate in any congested area where his or her operations might impede or inconvenience the public. For the purposes of this article, the judgment of a police officer, exercised in good faith, shall be prima facie evidence as to whether the area is congested or the public or inconvenienced.
(6) A person shall not go upon any residential premises and ring the doorbell, or rap or knock upon the door, or create any sound in a manner calculated to attract the attention of the occupant or the residence for the purpose of engaging in or attempting to engage in a home solicitation transaction:
(A) Before 9:00 a.m. or after 8:00 p.m. of any day Monday through Saturday; or
(B) At any time on a Sunday, New Year's Day, July 4th, Labor Day, Thanksgiving Day, or Christmas Day.
(7) Subsection (f) shall not apply to a visit to the premises as a result of a request or an appointment made by the occupant.
(8) It shall be unlawful for any person to solicit on property owned by the Town of Ponder unless such person has entered into an agreement with the town council.
Sec. 4.605. Suspension of license.
(a) Any license issued under this article may be suspended for any of the following reasons:
(1) Fraud or misrepresentation in the application for a license.
(2) Fraud or misrepresentation in the course of conducting solicitation activities.
(3) Conducting solicitation activities contrary to the conditions of this license.
(4) Conducting solicitation activities in such a manner as to create a public nuisance or constitute a danger to the public health, safety or welfare.
(b) Upon suspension of a license, the Town of Ponder shall deliver notice to the license holder stating the action taken and the reasons supporting each action. The written notice shall be delivered to the license holder's place of business or mailed to the license holder's last known address.
Sec. 4.606. Appeals.
Persons who are denied licenses or whose licenses have been suspended, may appeal by filing a written notice of appeal with the Ponder town secretary. The appeal must be filed within ten days after receipt of the notice of denial or suspension. The town council shall hear and determine the appeal at the next scheduled regular meeting of the council, and the decision of the council shall be final.
(Ord. No. 177, 3-4-1996)
Sec. 4.607. Renewals.
Licenses may be renewed, provided an application for renewal and license fees as required under the current fee schedule are received by the town no later than the expiration date of the current license. Applications received after that date shall be processed as new applications. The town shall review each application for renewal to determine that the applicant is in full compliance with the provisions of this article. If the town finds that the application meets such requirements, the town shall issue a new license.
(Ord. No. 177, 3-4-1996; Ord. No. 00-10, 4-6-2000)
Sec. 4.608. Duty of the police.
(a) It shall be the duty of any police officer of the town to require any person seen soliciting, and who is not known by such officer to be duly licensed, to produce his or her license and to enforce the provisions of this article against any person found to be violating same.
(b) It shall be the duty of the chief of police to issue each applicant a permit to engage in the solicitation activities set forth in the applicant's application within five working days of the receipt of a completed application and prescribed fee unless it has been determined that the application is incomplete, contains false information or the person has been convicted within the last five years of theft, fraud, burglary, robbery or rape. If the application contains false information or the person has been convicted, the chief shall not issue the permit.
(c) Any person aggrieved by the action of the chief of police in the denial of an application for a permit shall have the right of appeal.
Sec. 4.609. Exemptions.
(a) Exemptions from license. The provisions of this article shall not apply to:
(1) Sales made to dealers by commercial travelers or sales agents in the usual course of business, calling upon or dealing with manufacturers, wholesalers, distributors or retailers at their place of business; or
(2) Licensed real estate brokers or agents; or
(3) Solicitors on the property or residence by express invitation of the occupant; or
(4) Minors under the age of 17, unless they are acting as agents of adults covered by this article; or
(5) Members of the Ponder Volunteer Fire Department.
(b) Exemptions from license fee. The following persons and/or organizations are exempt from the payment of a licensing fee, but are required to obtain a license and comply with all ordinance regulations:
(1) Persons engaged in charitable, educational or religious purposes, and the person exhibits, at the time of solicitation, documentation in writing which identifies him or her as a representative of the charitable, educational or religious organization for whom he is soliciting; or
(2) Persons engaged in interstate commerce, providing the person has proper documents of identification.
Sec. 4.610. Penalty.
Any person, or any owner or occupant, or agent of any owner or occupant, violating any of the terms of this article shall be subject to a fine, upon conviction in the municipal court, in accordance with the general penalty provision found in section 1.106 of this Code, and each and every day that the premises shall remain in a condition in violation of the terms of this article shall constitute a separate and distinct offense. Upon the trial of any person brought before the court, the court is authorized to fix a time within which any such person may be allowed to abate the violation, if in judgment of the court, such action is deemed advisable.
(Ord. No. 177, 3-4-1996)
ARTICLE 4.700. SEXUALLY ORIENTED BUSINESSES*
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*State law reference(s)--Authority of municipality to regulate sexually oriented businesses, V.T.C.A., Local Government Code, ch. 243.
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Sec. 4.701. Purpose and intent.
(a) It is the purpose of this article 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 article 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 not the intent nor effect of this article 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.
(b) It is the intent of the city council that the locational regulations of section 4.712 of this article are promulgated pursuant to Chapter 243, Texas Local Government Code, as they apply to nude model studios and sexual encounter center only. It is the intent of the city council that all other provisions of this article are promulgated pursuant to section 51.012 and Chapter 51 Texas Local Government Code.
Sec. 4.702. Definitions.
In this article:
Adult arcade. Means any place to which the public is permitted or invited wherein coin-operated or slug-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 or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by depicting or describing "specified sexual activities" or "specified anatomical areas" with the intent -to provide sexual stimulation or sexual gratification to any customer.
Adult bookstore or adult video store. Means a sexually oriented business which offers for sale or rental for any form or consideration any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas"; or
(2) Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities"; and
(3) 50 percent or more of its gross sales result from the sale of products or items listed in (1) or (2) above; or
(4) 50 percent or more of its merchandise display area is used for the display of products or items listed in (1) or (2) above.
Adult cabaret. Means a nightclub, bar, restaurant, or similar business which operates and provides services with intent to provide sexual stimulation or gratification to any customer and features:
(1) Persons who for compensation or profit appear in a state of nudity; or
(2) Live performances which are characterized by the exposure of "specified anatomical area" or by "specified sexual activities"; or
(3) Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas.
Adult motel. Means a hotel, motel, or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical area"; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or
(2) Offers a sleeping room for rent for a period that is less than ten 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 hours.
Adult motion picture theater. Means a sexually oriented business where, for any form consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
Adult theater. Means a sexually oriented business that is a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
Chief of police. Means the chief of police of the Town of Ponder or his designated agent.
Escort. Means a person who, with intent to provide sexual stimulation or sexual gratification, agrees or offers for consideration to act as a companion, guide, 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 furnishes, offers to furnish, or advertises to furnish an escort as a primary business purpose, for a fee, tip, or other consideration.
Establishment. Means and includes any of the following:
(1) The opening or commencement of any sexually oriented business as a new business;
(2) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
(3) The addition of any sexually oriented business to any other existing sexually oriented business; or
(4) The relocation of any sexually oriented business.
Licensee. Means a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for such a license.
Nude model studio. Means any place where a person appears in a state of nudity or displays "specified anatomical areas" with intent to provide sexual stimulation or sexual gratification and is provided to be observed/sketched, drawn, painted, sculptured, or photographed by other persons who pay money or any form of consideration.
Nudity or state of nudity. Means:
(1) The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast; or
(2) A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, or areola of the female breast.
Person. Means an individual, proprietorship, partnership, corporation, association, or other legal entity.
Residential district. Means a single family, duplex, townhouse, multiple family or mobile home zoning district as defined in the Ponder Zoning Ordinance.
Residential use. Means a single family, duplex, multiple family, or "mobile home park, mobile home subdivision, and campground" use as defined in the Ponder Zoning Ordinance.
Semi-nude. Means a state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast together with portions of the body covered by supporting straps or devices.
Sexual encounter center. Means a sexually oriented business that offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) Activities between male and female persons and or persons of the same sex when one or more of the persons is in a state of nudity or semi-nudity.
Sexually oriented business. Means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center or other commercial enterprise, the primary business of which is the offering of a service on the selling; renting, or exhibiting of devices, items, or materials with intent to provide sexual stimulation or gratification to any customer.
Specified anatomical areas. Means human genitals in a state of sexual arousal.
Specified sexual activities. Means and includes any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(3) Masturbation, actual or simulated; or
(4) Excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above.
Substantial enlargement. Of a sexually oriented business means the increase in occupied floor area by more than 25 percent, as the floor area existed on January 4, 1993.
Transfer of ownership or control. Of a sexually oriented business means and includes any of the following:
(1) The sale, lease, or sublease of the business;
(2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
(3) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
Sec. 4.703. Classification.
Sexually oriented businesses shall be classified as follows:
(1) Adult arcades;
(2) Adult bookstores or adult video stores;
(3) Adult cabarets;
(4) Adult motels;
(5) Adult motion picture theaters;
(6) Adult theaters;
(7) Escort agencies;
(8) Nude model studios; and
(9) Sexual encounter centers.
(10) Any combination of (1) through (9).
Sec. 4.704. License required.
(a) A person commits an offense if he operates a sexually oriented business without a valid license, issued by the city for the particular classification of business.
(b) An application for a license must be made on a form provided by the chief of police. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. Applicants who must comply with section 4.718 of this article shall submit a diagram meeting requirements.
(c) The applicant must be qualified according to the provisions of this section and the premises must be inspected and found to be in compliance with the law by the health department, fire department, and building official. Such inspections shall be conducted by the respective departments and officials within 20 days of the date of application.
(d) If a person who wishes to operate a sexually oriented business is an individual, the person 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 20 percent or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under section 4.705 and each applicant shall be considered a licensee if a license is granted.
(e) The fact that a person possesses a valid theater license, dance hall license, or public house of amusement license dues not exempt such person from the requirement of obtaining a sexually oriented business license. A person who operates a sexually oriented business and possesses a theater license, public house of amusement license or dance hall license shall comply with the requirements and provisions of this article.
Sec. 4.705. Issuance of license.
(a) The chief of police shall approve the issuance of a license by the city secretary to an applicant within 30 days after receipt of an application unless one or more of the following are found to be true:
(1) An applicant is under 18 years or age.
(2) An applicant or an applicant's spouse is overdue in the payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon such person in relation to a sexually oriented business.
(3) An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form.
(4) 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 license, within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect.
(5) An applicant is residing with a person who has been denied a license by the city to operate a sexually oriented business within the preceding 12 months, or is residing with a person whose license to operate a sexually oriented business has been revoked within the preceding 12 months.
(6) The premises to be used for the sexually oriented business have not been approved by the health department, fire department, or the building official as being in compliance with applicable laws and ordinances.
(7) The license fee required by this article has not been paid.
(8) An applicant has been employed in a sexually oriented business in a managerial capacity within the preceding 12 months and has demonstrated that the applicant is unable to operate or manage a sexually oriented business premises in a peaceful and law-abiding manner or in compliance with this section.
(9) An applicant for the license is in violation of or is not in compliance with sections 4.707, 4.712, 4.713, 4.715, 4.716, 4.717, 4.718, or 4.719 of this article.
(10) An applicant or an applicant's spouse has been convicted of a crime:
(A) Involving:
(i) Any of the following offenses as described in Chapter 43 of the Texas Penal Code:
(aa) Prostitution;
(bb) Promotion of prostitution;
(cc) Aggravated promotion of prostitution;
(dd) Compelling prostitution;
(ee) Obscenity;
(ff) Sale, distribution, or display of harmful material to minor;
(gg) Sexual performance by a child;
(hh) Possession of child pornography;
(ii) Any of the following offenses as described in Chapter 21 of the Texas Penal Code:
(aa) Public lewdness;
(bb) Indecent exposure;
(cc) Indecency with a child;
(dd) Sexual assault or aggravated sexual assault as described in Chapter 22 of the Texas Penal Code
(ee) Incest, solicitation of child, or harboring a runaway child as described in Chapter 25 of the Texas Penal Code; or
(ff) Criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses;
(B) For which:
(i) Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
(ii) Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
(iii) Less than five 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 or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.
(b) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant's spouse.
(c) An applicant who has been convicted or whose spouse has been convicted of an offense listed in subsection (a)(10) may qualify for a sexually oriented business license only when the time period required by subsection (a)(10)(B) has elapsed.
(d) 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. 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.
Sec. 4.706. Fees.
The annual fee for a sexually oriented business license is as provided for in the fee schedule found in the appendix of this Code.
Sec. 4.707. Inspection.
(a) An applicant or licensee shall permit representatives of the police department, health department, fire department, housing and neighborhood services department, and building inspection division to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time it is occupied or open for business.
(b) 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 at any time it is occupied or open for business.
(c) The provisions of the section 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.
Sec. 4.708. Expiration of license.
(a) Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in section 4.704. Application for renewal should be made at least 30 days before the expiration date. When made less than 30 days before the expiration date, the expiration for the license will not be affected.
(b) When the chief of police denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the chief of police finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date denial became final.
Sec. 4.709. Suspension.
The chief of police shall suspend license for a period not to exceed 30 days if it is determined that a licensee or an employee of a licensee has:
(1) Violated or is not in compliance with sections 4.707, 4.712, 4.713, 4.715, 4.716, 4.717, 4.718, 4.719 or 4.720 of this article;
(2) Engaged in excessive use of alcoholic beverages while on the sexually oriented business premises;
(3) Refused to allow an inspection of the sexually oriented business premises as authorized by this article;
(4) Knowingly permitted gambling by any person on the sexually oriented business premises;
(5) Demonstrated inability to operate or manage a sexually oriented business in a peaceful and law-abiding manner thus necessitating action by law enforcement officers.
Sec. 4.710. Revocation.
(a) The chief of police shall revoke a license if a cause of suspension in section 4.709 occurs and the license has been suspended within the preceding 12 months.
(b) The chief of police shall revoke a license if he determines that:
(1) A licensee gave false or misleading information in the material submitted to the chief of police during the application process;
(2) A licensee or an employee has knowingly allowed possession, use, or sale of controlled substances on the premises;
(3) A licensee or an employee has knowingly allowed prostitution on the premises;
(4) A licensee or an employee has knowingly allowed operation of the sexually oriented business during a period of time when the licensee's license was suspended;
(5) A licensee has been convicted of an offense listed in section 4.705(a)(10) for which the time period required in section 4.705(a)(10)(B) has not elapsed;
(6) On two or more occasions within a 12-month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in section 4.705(a)(10), for which a conviction has been obtained, and the person or persons were owners or employees of the sexually oriented business at the time the offenses were committed;
(7) A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact occur in or on the licensed premises. The term "sexual contact" shall have the same meaning as it is defined in Section 21.01, Texas Penal Code; or
(8) A licensee is delinquent in payment to the city for any applicable hotel occupancy taxes, ad valorem taxes, sales taxes or license fees related to the sexually oriented business.
(c) The fact than a conviction is being appealed shall have no effect on the revocation of the license.
(d) Subsection (b)(7) does not apply to adult motel, 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.
(e) When the chief of police revokes a license, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented business license for one 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 90 days have elapsed since the date the revocation became effective. If the license was revoked under subsection (b)(5), an applicant may not be granted another license until the appropriate number of years required under section 4.705(a)(10) has elapsed.
Sec. 4.711. Appeal.
If the chief or police denies the issuance of a license, or suspends or revokes a license, by certified mail, return receipt requested, written notice of such action and the right to an appeal. The aggrieved party may appeal the decision of the chief of police to the city administrator. The filing of an appeal stays the action of the chief of police in suspending or revoking a license until the city administrator makes a final decision. If within a ten-day period the chief of police suspends, revokes, or denies issuance of a dance hall license or public house of amusement license for the same location involved in the chief's actions on the sexually oriented business license, then the chief may consolidate the requests for appeals of those actions into one appeal. The decision of the city administrator may be appealed by the applicant, license or aggrieved party. Such appeal shall be to the city council and shall be filed within ten days after the decision of the city administrator. Upon such an appeal being filed, the city council shall provide opportunity for hearing to be held within 20 days from the day of appeal. The city council shall rule on the appeal within 30 days from the date of filing. The ruling of the city council shall be final.
Sec. 4.712. Transfer of license.
A licensee shall not transfer the license to another, nor shall a license operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.
Sec. 4.713. Location of sexually oriented businesses.
(a) A person commits an offense if he/she operates or causes to be operated a sexually oriented business within 1,000 feet of:
(1) A church;
(2) A public or private elementary or secondary school;
(3) A boundary of a residential district as defined in this article;
(4) A public park adjacent to a residential district as defined in this article;
(5) The property line of a lot devoted to a residential use as defined in this article; or
(6) A licensed day care center.
(b) A person commits an offense if he/she causes or permits the operation, establishment, substantial enlargement, or transfer or ownership or control of a sexually oriented business within 1,000 feet of another sexually oriented business.
(c) A person commits an offense if he/she causes or permits the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof, or the increase of floor area of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business.
(d) For the purposes of subsection (a), measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure uses as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district or residential lot.
(e) For purposes of subsection (b) or this subsection, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(f) Any sexually oriented business lawfully operating on January 4, 1993 that is in violation of subsections (a), (b), or (c) shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed three years, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business(es) is (are) nonconforming.
(g) A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a church, public or private elementary or secondary school, public park, residential district, or residential lot within 1,000 feet of the sexually oriented business. This provision applies only to renewal of a valid license, and does not apply when an application for a license has expired or has been revoked.
Sec. 4.714. Exemption from location restrictions.
(a) If the chief of police denies the issuance of a license to an applicant because the location of the sexually oriented business establishment is in violation of section 4.713 of this article, then the applicant may, not later than 10 calendar days after receiving notice of the denial, file with the city secretary a written request for an exemption from the locational restrictions of section 4.713.
(b) If the written request is filed with the city secretary within the ten-day limit, the board of adjustments shall consider the request. The city secretary shall set a date for the hearing within 60 days from the date the written request is received.
(c) A hearing by the board may proceed if at least four of the board members are present. The board shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply.
(d) The board may, in its discretion, grant an exemption from the locational restrictions of section 4.713 if it makes the following findings:
(1) That the location of the proposed sexually oriented business will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare;
(2) That the granting of exemption will not violate the spirit and intent of this article of the City Code;
(3) That the location of the proposed sexually oriented business will not downgrade the property values of quality of life in the adjacent areas or encourage the development of urban blight;
(4) That the location of an additional 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
(5) That all other applicable provisions of this article will be observed.
(e) The board shall grant or deny the exemption by a majority vote. Failure to reach a majority vote shall result in denial of the exemption. Disputes of fact shall be decided on the basis of preponderance of the evidence. The decision of the board is final.
(1) If the board grants the exemption, the exemption is valid for one 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 section 4.713 until the applicant applies for and receives another exemption.
(2) If the board denies the exemption, the applicant may not re-apply for an exemption until at least 12 months have elapsed since the date of the board's action.
(3) The grant of an exemption does not exempt the applicant from any other provisions of this article other than the locational restrictions of section 4.713.
Sec. 4.715. Additional regulations for escort agencies.
(a) An escort agency shall not employ any person under the age of 18 years.
(b) A person commits an offense if he/she acts as an escort or agrees to act as an escort for any person under the age of 18 years.
Sec. 4.716. Additional regulations for nude model studios.
(a) A nude model studio shall not employ any person under the age of 18 years.
(b) A person under the age of 18 years commits an offense if he/she appears in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under 18 years was in a restroom not open to public view or persons of the opposite sex.
(c) A person commits an offense if he/she appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way.
(d) A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.
Sec. 4.717. Additional regulations for adult theaters and adult motion picture theaters.
(a) The requirements and provisions of this code remain applicable to adult theaters and adult motion picture theaters.
(b) A person commits an offense if he knowingly allows a person under the age of 18 years to appear in a state of nudity in or on the premises of an adult theater or adult motion picture theater.
(c) A person under the age of 18 years commits an offense if he knowingly appears in a state of nudity in or on the premises of an adult theater or adult motion picture theater.
(d) It is a defense to prosecution under subsections (a) and (b) if the person under 18 years was in a restroom not open to public view or persons of the opposite sex.
Sec. 4.718. Additional regulations for adult motels.
(a) Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and vacated two or more times in a period of time that is less than ten hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this article.
(b) 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/she rents or sub-rents a sleeping room to a person and, within ten hours from the time the room is rented, he/she rents or sub-rents the same sleeping room again.
(c) For purposes of subsection (b) of this section, the terms "rent" or "sub-rent" mean the act of permitting a room to be occupied for any form of consideration.
Sec. 4.719. Regulations pertaining to exhibition of sexually explicit film or videos.
(a) A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than 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 showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, 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 inches. The chief of police may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
(2) The application shall be sworn to be true and correct by the applicant.
(3) No alteration in the configuration or location of a manager's station may be made without the prior approval of the chief of police or appropriate designee.
(4) It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.
(5) 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 patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises have two or more manager's stations designated then the interior of the premises shall be configured in such a manner that there is an obstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subparagraph must be by direct line of sight from the manager's station.
(6) It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises to ensure that the view area specified in subsection (5) remains obstructed by any doors, walls, merchandise, display racks or other materials at all times that any patron is present in the premises and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (1).
(7) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one footcandle as measured at the floor level.
(8) It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above, is maintained at all times that any patron is present in the premises.
(b) A person having a duty under subsections (1) through (8) of subsection (a) above commits an offense if he or she knowingly fails to fulfill that duty.
Sec. 4.720. Display of sexually explicit material to minors.
(a) A person commits an offense if, in a business or commercial enterprise open to persons under the age of 17 years, he/she displays causes or suffers and permits to be displayed a book, pamphlet, newspaper, magazine, film, or video cassette, the cover of which depicts, in a manner intended to provoke sexual stimulation or gratification for commercial gain, any of the following:
(1) Human sexual intercourse, masturbation, or sodomy;
(2) Fondling, or other erotic touching of human genitals, pubic region, buttocks, or female breasts;
(3) Less than completely and opaquely covered human genitals, buttocks, or that portion of the female breast below the top of areola; or
(4) Human male genitals in discernibly turgid state, whether covered or uncovered.
(b) In this section "display" means to locate an item in such a manner that, without obtaining assistance from an employee of the business establishment:
(1) It is available to the general public for handling and inspection; or
(2) The cover or outside packaging on the item is visible to members of the general public.
Sec. 4.721. Enforcement.
(a) A violation of section 4.713 of this article, shall be a Class A misdemeanor pursuant to Section 243.010, Texas Local Government Code, and is punishable by a fine not to exceed $2,000.00.
(b) Except as provided by subsection (a), any person violating a provision of this article other than section 4.713, upon conviction, is punishable by a fine not to exceed $500.00.
Sec. 4.722. Defense.
(a) It is a defense to prosecution under sections 4.704(a), 4.713, or 4.716(d) that a person appearing in a state of nudity did so in a modeling class operated:
(1) By a proprietary school licensed by the State of Texas; 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 transferable to a college, junior college, or university supported entirely or partly by taxation; or
(3) In a structure:
(A) Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
(B) Where the nude person or model is available for viewing only by a study or art class and in order to participate in a class a student must enroll at least three days in advance of the class; and
(C) Where no more than one nude model is on the premises at any one time.
(b) It is a defense to prosecution under section 4.704(a) or section 4.713 that each item of descriptive, printed, film, or video material offered for sale or rental, taken as a whole, contains serious literary, artistic, political, or scientific value. It is a defense to prosecution under this article that the activity or enterprise was conducted in:
(1) A business operated by or employing a licensed psychologist, physical therapist, athletic trainer, cosmetologist or barber engaged in performing functions authorized under the license; or
(2) A business operated by or employing a licensed physician or chiropractor engaged in the healing arts.
Sec. 4.723. Injunction.
A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of section 4.713 of this article is subject to suit for injunction as well as prosecution for criminal violations.
(Ord. No. 00-10, 4-6-2000)
Chapter 5 FIRE PROTECTION
ARTICLE 5.100. FIREWORKS*
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*State law reference(s)--Authority of municipality to regulate the use of fireworks, V.T.C.A., Local Government Code, § 342.003.
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(a) It shall be unlawful for any person, firm or corporation to sell, or offer to sell, or display or hold in stock, any firecrackers, rockets, torpedoes, roman candles, or other fireworks or substances designed or intended for pyrotechnical displays, and of pistols, canes, cannons, or other appliances, using blank cartridges or caps, within the corporate limits of the Town of Ponder, Texas.
(b) It shall be unlawful for any person, firm or corporation to fire or discharge of firecrackers, rockets, torpedoes, roman candles, or other fireworks or substances designed or intended for pyrotechnical displays, and of pistols, canes, cannons, or other appliances, using blank cartridges or caps, within the corporate limits of the Town of Ponder, Texas. Provided, however, the mayor and town commission, by resolution adopted at any regular meeting, may authorize the public display of fireworks by properly qualified individuals, such displays to be of such character, and so located, discharged or fired in a manner which shall not be hazardous to surrounding property or endanger any person or persons.
(c) The chief of the fire department may, at his discretion, remove or cause to be removed, at the owner's expense, any and all stocks of firecrackers, rockets, torpedoes, roman candles, or other fireworks or substances designed or intended for pyrotechnical displays, exposed for sale or held in stock in violation of this article.
(d) Any person, firm or corporation violating any of this provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in accordance with the general penalty provision found in section 1.106 of this Code.
(Ord. No. 39, 7-17-1978)
Chapter 6 HEALTH AND SANITATION
ARTICLE 6.100. WATER WELL PROTECTION
(a) No person, firm or corporation shall ever construct, maintain or operate drain lines, septic tanks, open pit toilets, hog pens, feed lots, surge treatment plants or any other structure or structures which would constitute a pollution hazard within 150 feet from any water well which is producing water for human consumption.
(b) Any person violating any of the provisions of this article, upon conviction, shall be fined in accordance with the general penalty provision found in section 1.106 of this Code.
(Ord. No. 4-2, 11-11-1968)
ARTICLE 6.200. PROPERTY MAINTENANCE*
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*State law reference(s)--Authority of municipality to regulate weeds, grass, etc., V.T.C.A. Health & Safety Code, § 342.004.
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Sec. 6.201. Prohibited conditions.
(a) It shall be unlawful for any person, firm, business, or legal entity of any kind who shall own or occupy any lot or other parcel of real property in the Town of Ponder, Texas (the "city"), to permit or allow holes or places on said lot or parcels of real property where water may accumulate and become stagnant.
(b) It shall be unlawful for any person, firm, business or legal entity of any kind who shall own or occupy any lot or other parcel of real property in the city to permit or allow the accumulation of filth, carrion, or other impure and unwholesome matter to accumulate or remain thereon.
(c) It shall be unlawful for any person, firm, business or legal entity of any kind who shall own or occupy any lot or other parcel of real property in the city to permit or allow weeds, rubbish, brush, or other objectionable, unsightly or unsanitary matter to accumulate or grow thereon.
Sec. 6.202. Work or improvements by city; notice.
(a) If the owner of property in the city does not comply with a municipal ordinance or requirement under this article within ten days of notice of a violation, the city may:
(1) Do the work or make the improvements required; and
(2) Pay for the work done or improvements made and charge the expenses to the owner of the property.
(b) The notice must be given:
(1) Personally to the owner in writing;
(2) By letter addressed to the owner at the owner's post office address; or
(3) If personal service cannot be obtained or the owner's post office address is unknown:
(A) By publication at least twice within ten consecutive days;
(B) By posting the notice on or near the front door of each building on the property to which the violation relates; or
(C) By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no buildings.
(c) The city in the notice of a violation may inform the owner by certified mail, return receipt requested, that if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the city without further notice may correct the violation at the owner's expense and assess the expense against the property. If a violation covered by a notice under this subsection occurs within the one-year period, and the city has not been informed in writing by the owner of an ownership change, then the city without notice may take any action permitted by subsections (a)(1) and (2) and assess its expenses as provided by section 6.203 of this article.
Sec. 6.203. Assessment of expenses; lien.
(a) The city council may assess expenses incurred under section 6.202 of this article against the real estate on which the work is done or improvements made.
(b) To obtain a lien against the property, the mayor, municipal health authority, or other municipal official designated by the mayor must file a statement of expenses with the county clerk of Hill County. The lien statement must state the name of the owner, if known, and the legal description of the property. The lien attaches upon the filing of the lien statement with the county clerk.
(c) The lien obtained by the city council is security for the expenditures made and interest accruing at the rate of ten percent on the amount due from the date of payment by the city.
(d) The lien is inferior only to:
(1) Tax liens; and
(2) Liens for street improvements.
(e) The city council may bring a suit for foreclosure in the name of the city to recover the expenditures and interest due.
(f) The statement of expenses or a certified copy of the statement is prima facie proof of the expenses incurred by the city in doing the work or making the improvements.
(g) The remedy provided by this section is in addition to the remedy provided by section 6.205 of this article.
(h) The city council may foreclose a lien on property under this article in a proceeding relating to the property brought under Subchapter E, Chapter 33, Tax Code.
Sec. 6.204. Additional authority to abate dangerous weeds.
(a) The city may abate, without notice, weeds that:
(1) Have grown higher than 48 inches; and
(2) Are an immediate danger to the health, life, or safety of any person.
(b) Not later than the tenth day after the date the city abates weeds under this section, the city shall give notice to the property owner in the manner required by section 6.202 of this article.
(c) The notice shall contain:
(1) An identification, which is not required to be a legal description, of the property;
(2) A description of the violations of the article that occurred on the property;
(3) A statement that the city abated the weeds; and
(4) An explanation of the property owner's right to request an administrative hearing about the city's abatement of the weeds.
(d) The city shall conduct an administrative hearing on the abatement of weeds under this section if, not later than the 30th day after the date of the abatement of the weeds, the property owner files with the city a written request for a hearing.
(e) An administrative hearing conducted under this section shall be conducted not later than the 20th day after the date a request for a hearing is filed. The owner may testify or present any witnesses or written information relating to the city's abatement of the weeds.
(f) The city may assess expenses and create liens under this section as it assesses expenses and creates liens under section 6.203 of this article. A lien created under this section is subject to the same conditions as a lien created under section 6.203 of this article.
(g) The authority granted a city by this section is in addition to the authority granted by section 6.202 of this article.
Sec. 6.205. Penal and injunction provisions.
(a) Any person violating this article, upon conviction, is punishable by a fine in accordance with the general penalty provision found in section 1.106 of this Code.
(b) Any person violating this article is subject to a suit for injunction as well as prosecution for criminal violations.
(Ord. No. 00-10, 4-6-2000)
ARTICLE 6.300. DITCH AND CULVERT OBSTRUCTIONS
Sec. 6.301. Obstruction of barrow ditches or culverts prohibited.
It shall be unlawful for any person, firm, corporation, partnership, association of persons, owner, agent, occupant or any one having supervision or control of any lot, tract, parcel of land, or portion thereof, occupied or unoccupied, within the corporate limits of the Town of Ponder to suffer or permit the collection or accumulation of any trash or other debris in any culvert for barrow ditch adjacent to any premises owned or controlled by said person, firm, corporation, partnership, or association of persons, to the extent that such collection or accumulation of trash or debris in any way inhibits or prevents the free flow of water run-off through such barrow ditch or culvert.
Sec. 6.302. Duty to clean barrow ditch or culvert.
It shall be the duty of any person, firm, corporation, partnership, association of persons, owner, agent, occupant or anyone having supervision or control of any lot, tract, parcel of land, or a portion thereof, occupied or unoccupied, within the corporate limits of the Town of Ponder to remove or cause to be removed all such trash or other debris as often as may be necessary to comply with section 6.301 of this article.
Sec. 6.303. Notice to owner to remedy or remove conditions; correction or removal of conditions by city.
In the event that the owner of any lot, tract, parcel of land, or portion thereof, situated within the corporate limits of the Town of Ponder, shall fail to comply with section 6.302 of this article, then the city secretary may notify such owner by letter addressed to such owner at his post office address, or by publication as many as two times within ten consecutive days in the official newspaper if personal service may not be had as aforesaid or the owner's address be not know, of said owner's failure to comply with section 6.302 of this article, and the expiration of ten days after notification, the Town of Ponder may enter upon such premises and may do such work as necessary or cause the same to be done in order that the premises complies with the requirements set forth in section 6.302. A bill for the cost incurred by the Town of Ponder resulting from the abatement of the above described condition shall be mailed to the owner of said premises and must be satisfied within 30 days of the date of mailing said bill. In the event that said bill has not been satisfied within the specified period, the mayor of the Town of Ponder may file a statement with county clerk of Denton County of the expenses incurred in the abatement of the above-described condition on said premises and the Town of Ponder shall privileged lien on any lot or lots upon which such expense is incurred second only to tax liens and liens for street improvements and ten percent on the amount from the date such payment is due. For any such expenditure and interest as aforesaid, suit may be instituted and recovery and foreclosure had in the name of the Town of Ponder, and the statement so made as aforesaid, or a copy thereof, shall be prima facie proof of the amount expended in any such work performed by the Town of Ponder.
(Ord. No. 93, 8-4-1986)
Chapter 7 OFFENSES AND NUISANCES*
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*State law reference(s)--Authority of governing body to adopt ordinance, rule or police regulation for the good government, peace or order of the municipality, V.T.C.A, Local Government, § 51.001; authority of city to define and declare nuisance, V.T.C.A., Local Government Code, § 217.002.
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ARTICLE 7.100. OFFENSIVE ODOR NUISANCES
The following things, among others are declared to be offensive odors and odor nuisances in violation of this ordinance, but said enumerations shall not be deemed to be exclusive, to-wit:
(1) Animal pens or lots. Offensive odors from dog enclosures, poultry pens, cow lots, swine pens, and other similar places where animals are kept or fed, which shall disturb the comfort and repose of persons of ordinary sensibilities.
(2) Privies. Offensive odors from privies and other similar places.
(3) Chemicals. Offensive odors from the use or possession of chemicals, or from industrial processes or activities which shall disturb the comfort and repose of persons of ordinary sensibilities.
(4) Smoke. Offensive odors from smoke from the burning of rubbish, trash, rubber, chemical substances, or other things or substances.
(5) Stagnant pools. Offensive odors from stagnant pools allowed to remain on any premises, or from rotting garbage, refuse, offal, or dead animals, on any premises.
(Ord. No. 229, 7-15-1999)
ARTICLE 7.200. JUNKED MOTOR VEHICLES*
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*State law reference(s)--Regulation of abandoned and junked motor vehicles; V.T.C.A., Transportation Code, ch. 683.
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Sec. 7.201. Definitions.
As used in this article, the following words and phrases shall have the meaning ascribed below, except where the context in which the word or phrase is used clearly indicates a different meaning is intended:
Antique vehicle. Means a passenger car or truck that is at least 35 years old.
Chief of police. Means the chief of police of the Town of Ponder or any duly commissioned police officer of the Town of Ponder.
Junked vehicle. Means a vehicle that is self-propelled and:
(1) Does not have lawfully attached to it:
a. An unexpired license plate; or
b. A valid motor vehicle inspection certificate;
(2) Is wrecked, dismantled or partially dismantled, or discarded; or
(3) Is inoperable and has remained inoperable for more than:
a. 72 consecutive hours, if the vehicle is on public property; or
b. 30 consecutive days, if the vehicle is on private property.
The term "junked vehicle" does not include (1) a vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property, (2) a vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard, or (3) an unlicensed, operable or inoperable antique and special interest vehicle stored by a collector on his property, provided that the vehicle and the outdoor storage area are maintained in such a manner that they do not constitute a health hazard and are screened from ordinary public view by means of a fence, rapidly growing trees, shrubbery or other appropriate means.
Motor vehicle collector. Means a person who (1) owns one or more antique or special interest vehicles; and (2) acquires, collects, or disposes of an antique or special interest vehicle or part of an antique or special interest vehicle for personal use to restore and preserve an antique or special interest vehicle for historic interest.
Special interest vehicle. Means a motor vehicle of any age that has not been changed from original manufacturer's specifications and, because of its historic interest, is being preserved by a hobbyist.
Sec. 7.202. Junked vehicles declared a public nuisance; duty of property owners; unlawful to interfere with impounding.
(a) Junked vehicles are detrimental to the safety and welfare of the general public, tending to reduce the value of private property, to invite vandalism, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, and are detrimental to the economic welfare of the city and state by producing urban blight which is adverse to the maintenance and continuing development of the Town of Ponder, and such vehicles are declared to be a public nuisance and subject to abatement as set our hereunder.
(b) The owner or occupant of any real property within the Town of Ponder shall keep such property free of and shall not permit or suffer the presence of junked vehicles on such property.
(c) It shall be unlawful for any person to knowingly or intentionally interfere with or attempt to prevent the physical impounding of any junked vehicle by the chief of police or his delegate pursuant to this subsection.
Sec. 7.203. Notice to owner to abate nuisance when on occupied premises.
(a) Whenever any such junked vehicle is located on occupied premises within the city in violation of section 7.202(b), above, the chief of police shall order the owner of the premises, if in possession thereof, or the occupant of the premises whereon such public nuisance exists, to abate or remove the same. Such order shall:
(1) Be in writing.
(2) State the nature of the public nuisance and that it must be removed and abated within ten days after the date of mailing or personal service of notice.
(3) State that a request for a hearing to determine whether or not the motor vehicle is a junked motor vehicle as defined herein must be made to the clerk of the municipal court, either in person or in writing and without the requirement of bond, before expiration of said ten-day period.
(4) State that in the event that no request for a hearing is received before the expiration of said ten-day period it shall be conclusively presumed that said vehicle is a junked vehicle as defined under state law and this subsection.
The order must be mailed, by certified mail with a five-day return requested, to the last known registered owner of the junked motor vehicle, any lien holder of record, and to the owner or occupant of the premises on which the public nuisance exists. If the post office address of the last known registered owner of the junked motor vehicle is unknown, notice to the last known registered owner may be placed on the motor vehicle, or, if the last known registered owner is physically located, the notice may be hand delivered. If any notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not earlier than the 11th day after the date of the return.
(b) If the owner or occupant of the premises does not request a public hearing and either fails or refuses to comply with the order of the chief of police within the ten-day period after service thereof, as provided herein, the chief of police or his delegate shall take possession of such junked motor vehicle and remove it from the premises upon the issuance of an appropriate order of the judge of the municipal court.
Sec. 7.204. Notice to owner to abate nuisance when on unoccupied premises or on public property or public right-of-way.
(a) Whenever any such junked vehicle is located on unoccupied premises within the city in violation of section 7.202(b) of this article, the chief of police shall order the owner of the premises, as shown on the current tax rolls of the city whereon such public nuisance exists, to abate or remove the same. Such order shall contain the same information as for the order required under section 7.203(a)(1)--(4) of this subsection.
The order must be mailed, by certified mail with a five-day return requested, to the last known registered owner of the junked motor vehicle any lien holder of record, and to the owner of the premises, as shown on the city tax rolls, on which the public nuisance exists. If the post office address of the last known registered owner of the junked motor vehicle is unknown, notice to the last registered owner may be placed on the motor vehicle, or if the last known registered owner is physically located, the notice may be hand delivered. If any notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not earlier than the 11th day after the date of the return.
(b) If the owner of the premises does not request a public hearing and either fails or refuses to comply with the order of the chief of police within the ten-day period after service thereof, as provided herein, the chief of police or his delegate shall take possession of such junked motor vehicle and remove it from the premises upon the issuance of an appropriate order of the judge of the municipal court.
(c) Whenever any such junked vehicle is located on public property or on a public right-of-way within the city in violation of section 7.202(b), the chief of police shall order the owner or occupant of the public premises or the owner or occupant of the premises adjacent to the public right-of-way whereupon said public nuisance exists, to abate or remove the same. Such order shall contain the same information as for the order required under section 7.203(a)(1)--(4) and section 7.204(a) of this article.
The order must be mailed, by certified mail with a five-day return requested, to the last known registered owner of the junked motor vehicle, any lien holder of record, and to the owner or occupant of the public premises or to the owner or occupant of the premises adjacent to the public right-of-way on which the public nuisance exists. If the post office address of the last known registered owner of the junked motor vehicle is unknown, notice of the last known registered owner may be placed on the motor vehicle, or, if the last known registered owner is physically located, the notice may be hand delivered. If any notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not earlier than the 11th day after the date of the return.
Sec. 7.205. Visible notice to abate nuisance.
(a) At the time a junked vehicle is located by the chief of police on either occupied or unoccupied private or public property or public right-of-way, in addition to any other notices required herein, a visible notice, brightly colored shall be securely affixed to such vehicle. Such notice shall:
(1) State that the vehicle is a public nuisance an that it must be removed and abated within ten days from the date on such notice.
(2) State that a request for a hearing to determine whether or not the motor vehicle is a junked motor vehicle as defined herein must be made to the clerk of the municipal court, either in person or in writing and without the requirement of bond, before the expiration of said ten-day period.
(3) Shall state that in the event that no request for a hearing is received before the expiration of said ten-day period, it shall be conclusively presumed that said vehicle is a junked vehicle as defined under state law and this subsection.
(4) Shall state the date it was affixed.
(b) Affixing the notice set out herein shall not be a condition or requirement precedent to any proceeding or official action to abate such public nuisance and such proceeding or action shall not be rendered void or voidable nor in any way affected by failure to affix the visible notice prescribed herein.
(c) In the event the ten-day period set out on the visible notice is different from that prescribed in any other notice served as provided for herein, then official action or proceedings to abate such public nuisance shall not be commenced until after the expiration of both periods of time.
Sec. 7.206. Public hearing; finding and orders of judge.
(a) The owner or occupant of any premises on which a junked vehicle is located may, within ten days after service of a notice to abate said nuisance, request of the clerk of the municipal court of the city, either in person or in writing, and without the requirement of the bond, that a date and a time be set when he may appear before the judge of the municipal court for a hearing to determine whether or not the motor vehicle is a junked motor vehicle.
(b) The judge of the municipal court shall hear any case brought before such court, as set out herein, and shall determine by a preponderance of the evidence whether or not the motor vehicle is a junked motor vehicle and in violation of this subsection. At the hearing, the motor vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable. Such hearing shall not be criminal in nature sand shall be as summary as due process and orderly procedure allows. Rules of evidence as in civil suits shall be followed. Upon finding that such motor vehicle is in violation of this subsection, the judge of such court shall order such defendant to remove and abate such nuisance within ten days, the same being a reasonable time. If the defendant shall fail and refuse, within such ten days, to abate or remove the nuisance, the judge of the municipal court may issue an order directing the chief of police to have the same removed, and the chief of police or his delegate shall take possession of such junked motor vehicle and remove it from the premises. Such order shall include a description of the vehicle, and the current identification number and license number of the vehicle, if available at the site.
(c) Notice of any hearing set under this subsection shall be delivered to the chief of police.
Sec. 7.207. Abatement under court order.
If there is a junked motor vehicle, as herein defined, on premises that are occupied or unoccupied, and (1) neither the owner nor the occupant of the premises can be found and notified to remove same, or, (2) the notice required by section 7.203 or 7.204 of this article is returned undelivered by the U.S. Post Office and ten days after the return of such notice the nuisance has not been abated, then upon a showing of such facts to the judge of the municipal court, the court may issue an order directing the chief of police to have the same removed, and the chief of police or his delegate shall take possession of such junked motor vehicle and remove it from the premises.
Sec. 7.208. Notice to Texas Department of Transportation.
Notice shall be given to the Texas Department of Transportation that junked vehicle has been impounded within five days after the removal of the junked motor vehicle as provided in this subsection, identifying the vehicle or part thereof impounded.
Sec. 7.209. Disposition of impounded junked vehicles.
The chief of police or his delegate shall dispose of all impounded junked vehicles in such manner as the city manager may designate, consistent with state law, provided such vehicle shall not be reconstructed or made operable. Disposal may be by removal or sale, with or without competitive bidding, to a scrap yard or demolisher.
(Ord. No. 00-10, 4-6-2000)

ARTICLE 7.300. NOISE*
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*State law reference(s)--Authority of municipality to restrain or prohibit the ringing of bells, blowing of horns, hawking of goods, or any other noise, V.T.C.A., Local Government Code, § 217.003.
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Sec. 7.301. Noises prohibited generally.
(a) Any unreasonably loud, disturbing, unnecessary noise which causes material distress, discomfort, or injury to persons of ordinary sensibilities in the immediate vicinity thereof is hereby declared to be a nuisance, and is prohibited.
(b) Any noise of such character, intensity, and continued duration, which substantially interferes with the comfortable enjoyment of private homes by person of ordinary sensibilities, is declared to be a nuisance in violation of this code, but such enumeration shall not be deemed to be exclusive.
Sec. 7.302. Enumeration of illegal noises.
The following acts, among others, are declared to be nuisances in violation of this Code, but such enumerations shall not be deemed to be exclusive:
(1) The playing of any television, radio, phonograph, tape player, compact disc player, or musical instrument in such manner or with such volume, at any time, as to annoy or disturb the quiet, comfort, or repose of persons of ordinary sensibilities in any dwelling, hotel, or other type of residence.
(2) The use of any stationary electronic device used for the amplification of sound of such intensity as to annoy or disturb the quiet, comfort, or repose of persons of ordinary sensibilities in any dwelling, hotel, or other type of residence at any time.
(3) The keeping of any animal or bird which, by causing frequent or long continued noise, shall disturb the comfort and repose of any person of ordinary sensibilities in the immediate vicinity.
(4) The continued or frequent sounding of any horn or signal device on any automobile, motorcycle, bus, truck or other vehicle except as a danger or warning signal; the creation by means of any such signal device of any unreasonably loud or harsh device for any unnecessary and unreasonable period of time.
(5) The running of any motorized vehicle so out of repair, so loaded or in such manner as to create loud or unnecessary grating, grinding, jarring, or rattling noise or vibrations.
(6) The blowing of any steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work, as a warning of danger, unless prior approval or permission has been granted by the city council for the blowing of such whistle.
(7) The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle, or boat engine except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(8) The use of any mechanical device operated by compressed air, unless the noise to be created is effectively muffled and reduced.
(9) The erection, including excavation, demolition, alteration or repair work on any building other than between the hours of 7:00 a.m. and 10:00 p.m., except in case of urgent necessity in the interest of the public safety and convenience, and then only by permit from the city secretary which permit may be renewed during the time and emergency exists.
(10) The creation of any excessive noise on any street adjacent to any school or institution of learning while the same is in session or adjacent to any hospital which unreasonably interferes with the workings of such institutions, providing conspicuous signs are displayed in such manner indicating that the same is a school or hospital street.
(11) The creation of any loud and excessive noise in connection with the loading or unloading of any vehicle or the opening and destruction of bales, boxes. crates, and containers.
(12) The raucous shouting and crying of peddlers, hawkers, and vendors which disturb the peace and quiet of the neighborhood.
(13) The use of any drum, sound amplification system, or other instrument or device for the purpose of attracting attention by the creation of noise to any performance, show, or sale of merchandise.
(14) The running of any motorized vehicle without a muffler, or with an altered muffler, or with a defective muffler, sufficient to contain the sound so that a person of ordinary sensibilities nearby would not be annoyed or materially distressed.
(15) Sound system in vehicles.
a. No person owning, operating, occupying or in control of a motor vehicle on a street, highway, alley, park, playground, parking lot, driveway, garage, carport, yard, or carwash facility, whether public or private property, shall operate or permit the operation of any sound amplification system from within the vehicle so that the sound is plainly audible at a distance of 50 or more feet from the vehicle.
b. "Sound amplification system" means any radio, tape player, compact disc player, loud speaker, or other electronic device used for the amplification of sound.
c. "Plainly audible" means any sound produced by a sound amplification system from within the vehicle, which clearly can be heard at a distance of 50 feet or more. Measurement standards shall be by the auditory senses, based on direct line of sight. Words or phrases need not be discernible and bass reverberations are included. The motor vehicle may be stopped, standing, parked or moving on a street, highway, alley, park, playground, parking lot, driveway, garage, carport, yard, or carwash facility, on either public or private property.
d. It is an affirmative defense to a charge under this article that the operator was not otherwise prohibited by law from operating the sound amplification system, and that any of the following apply:
1. The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition;
2. The vehicle was an emergency or public safety vehicle;
3. The vehicle was owned and operated by a public utility company, including the Town of Ponder; or
4. The system or vehicle was used in an authorized public activity, such as parade, fireworks, sporting event, musical production, or other activity which has the approval of the city council or a department of the city authorized to grant such approval.
(Ord. No. 00-10, 4-6-2000)
Chapter 8 PERSONNEL AND ADMINISTRATION
ARTICLE 8.100. SPECIAL COUNSEL
(a) The board of commissioners of the Town of Ponder may appoint special counsel to assist it in such legal matters as are permitted by the Constitution of the State of Texas and the Revised Civil Statutes of the State of Texas as amended.
(b) Special counsel shall be approved by no less than a four-fifths vote of the board of commissioners and shall serve at the pleasure of the commissioners and may be removed by a majority vote of the board of commissioners.
(c) Special counsel appointed pursuant to this article shall be licensed to practice before the Supreme Court of the State of Texas.
(d) Special counsel shall be compensated at a rate to be set by the board of commissioners in a resolution appointing special counsel.
(Ord. No. 83-1-58, 3-17-1983)
ARTICLE 8.200. POLICE DEPARTMENT*
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*State law reference(s)--Police force in Type A general law municipality, V.T.C.A., Local Government Code, § 341.001.
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Sec. 8.201. Department of police.
There is hereby created and established for the Town of Ponder, Texas, a department of police to be directed by a chief of police who shall be appointed by the mayor and approved by the town council.
Sec. 8.202. Powers and duties of chief of police.
(a) The department of police shall be composed of the chief of police and of such other officers, patrolmen and employees as the mayor and town council may determine. He shall appoint his assistant to be approved by the mayor and town council. The chief of police shall have immediate direction and control of the police department, subject to the supervision of the mayor, and also subject to such rules, regulations and orders as the town council may prescribe, and shall promulgate all orders, rules and regulations for the government of the police force.
(b) The chief of police may be either part or full time as the town council may direct from time to time. His office shall be open at all hours, day or night, and if for any reason, the office is closed in case of an emergency he shall leave an officer on telephone call or notify the mayor who then shall make whatever arrangements he deems necessary. In case of the disability of chief of police, by reason of sickness, absence from the city, or other cause, the mayor shall designate one of the captains or lieutenants of police to act as chief of police during such disability, and the officer so designated shall serve without additional compensation. The chief of police shall have like powers, rights, authority and jurisdiction as are by law vested in city marshals.
(c) The chief of police shall receive a salary to be fixed by the town council. He shall remain in office, after his appointment, at the pleasure of the town council, and for such term, or terms as the town council directs.
Sec. 8.203. Selection and appointment of members.
(a) Each member of the department of police, both rank and file, shall have issued to him a warrant of appointment, signed by the mayor, in which the date of his appointment shall be stated, and such shall be his commission.
(b) Each member of the department of police shall, before entering upon his duties, subscribe to an oath that he will faithfully without fear or favor, perform the duties or his office, and such oath shall be filed and preserved with the records of said department, and shall in addition execute the necessary bond required by the town council, which shall also be filed and preserved with the records of said department.
(c) The salaries of each member shall be set forth by the town council.
Sec. 8.204. When special police authorized.
No person, except as otherwise provided by general law or ordinances passed in pursuance thereof, shall act as special police or special detective, except upon written authority from the mayor. Such authority, when conferred, shall be exercised only under the direction and control of the chief of police and for the time specified in the appointed.
Sec. 8.205. Powers and duties of officers and privates generally.
The officers and privates constituting the department of police of the Town of Ponder shall be and they are hereby invested with all the power and authority given to them as peace officers under the laws of the State of Texas in taking cognizance of, and in enforcing the criminal laws of the state and the ordinances and regulations of the town within the limits of the town, and it shall be the duty of each such officer and private to use his best endeavors to prevent the commission within the town of offenses against the laws of said state, and against the ordinances and regulations; to detect and arrest offenders against the same; to preserve the good order of the town, and to secure the inhabitants thereof from violence, and the property therein from injury. Such policeman shall have no power or authority in civil matters, but shall execute any criminal warrant or warrant of arrest that may be placed in their hands by the duly constituted authorities of the town. Such policeman shall not receive any fee or other compensation for any services rendered in the performance of his duty, other than salary paid him by the town, nor shall he receive a fee as a witness in any case arising under criminal laws of the state, or under the ordinances or regulations of the town and prosecuted in the corporation court of said town. Each police officer may serve all process issuing out of the corporation court anywhere in the county.
Sec. 8.206. Chief to prescribe uniforms, badges and arms of force; unauthorized wearing of uniform or badge.
The chief of police shall prescribe the uniforms and badges for the members of the police force, and direct the manner in which the members of the said force shall be armed. Any person other than a member of the said force, who shall wear such uniform or badge as may be prescribed as aforesaid, shall be subject to such fine as may be prescribed by the council by proper ordinance.
Sec. 8.207. Authority of chief to suspend officers and employees; certification of suspension to mayor; duty of mayor to inquire into cause of suspension if demanded by suspended officer or employee; decision of mayor to be final.
The chief of police shall have the exclusive right to suspend any of the officers or employees who may be under his jurisdiction and control for incompetence, neglect of duty, immorality, drunkenness, failure to obey orders given by the proper authority or for any other just and reasonable cause. If any officer or employee be suspended, as herein provided, the chief of police shall forthwith in writing certify the fact together with the cause for the suspension to the mayor, who shall within five days from the receipt of such certificate, if demanded by the suspended officer or employee so to do, proceed to inquire into the cause of the suspension and render judgment thereon, which judgment, if the charge be sustained, may be suspension, reduction in rank, or dismissal, and such judgment shall be final, except as may be otherwise provided herein.
Sec. 8.208. Relief of disabled members; pension fund.
The council may provide by ordinance for the relief of members of the department of police temporarily or permanently disabled in the discharge of their duties; and shall also have the right to provide for the organization and administration of a pension fund to provide for old, disabled, and infirm members of the police force, under such system, rules and regulations as may be deemed advisable, whenever the finances of the town will justify the undertaking of this service.
(Ord. No. 91, 5-5-1986)
ARTICLE 8.300. MUNICIPAL COURT*
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*State law reference(s)--Municipal courts, generally, V.T.C.A., Government Code, § 29.001.
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Sec. 8.301. Municipal court created.
(a) There is hereby established a court, which shall be known as the municipal court of the Town of Ponder, Texas. The municipal court shall have jurisdiction, and shall be conducted in the manner, prescribed and authorized by law. All fines imposed by the municipal court shall be paid into the treasury for the use and benefit of said town.
(b) A municipal judge shall preside over the court.
(c) There shall no terms of said court and said court shall be open on such days and during such hours as the town commission shall hereafter determine by resolution.
Sec. 8.302. Jurisdiction.
The municipal court of the Town of Ponder, Texas shall have the jurisdiction in all criminal cases arising under the ordinances of said town; and it shall also have jurisdiction concurrently with the justice of the peace of the precinct or precincts in which the town is or may be situated of all criminal cases arising under the penal laws of the State of Texas where the offense was committed within the territorial limits of said town and the punishment is by fine, and the maximum of said fine under the laws of said state may not exceed amounts as provided for in V.T.C.A., Local Government Code, § 54.001. Said court shall have no civil jurisdiction except for the forfeiture and collection of bonds given in case of proceedings pending therein; providing, however, that if by general law of the State of Texas the jurisdiction of municipal courts of towns and cities is enlarged so as to give concurrent jurisdiction of said courts over misdemeanor cases with state courts, that such jurisdiction as so enlarged shall attach to said municipal court. All fines collected upon judgments rendered in said court shall be paid into the city treasury for the use and benefit of said city.
(Ord. No. 104, 3-2-1987; Ord. No. 00-10, 4-6-00)
Sec. 8.303. Judge and court; qualifications, powers, duties and regulations.
(a) Hereinafter, the office of judge of the municipal court shall be filled by appointment by the town council.
(b) The official title of such magistrate shall be "Judge of the Municipal Court of the Town of Ponder, Texas." The judge of the municipal court shall have the powers and perform the duties as prescribed by the laws of the State of Texas, and the ordinances of the Town of Ponder, Texas.
(c) Said judge shall be appointed for a term of office running concurrently with that of the mayor. He or she shall receive such compensation as the town council may fix by ordinance or resolution and shall furnish such surety bonds as may be required by the town council, and the premium to be paid by the town. He or she also may be known and referred to as town judge or town recorder. He or she shall take the oath required by law.
(Ord. No. 203, 1-28-1999)
(d) All prosecutions for violations of provisions of ordinances of Ponder, Texas, shall be commenced in the municipal court by complaint, setting forth specifically and within reasonable certainty, the particular act or omission with which the defendant is charged. Such complaint shall be signed and sworn to be the person making the complaint.
(e) When any complaint shall be filed as is provided for in this article, the judge shall issue a warrant of arrest which shall be executed by the city marshal or any policeman of the town in a like manner as similar process in justice court may be executed by the sheriff; provided, that nothing herein shall be so construed as to prevent the city marshal or any policeman of the town from making arrests without warrant for violation of any ordinance of Ponder, Texas (or other law within the jurisdiction of said court), when committed in his presence or view, or in any contingencies in which a sheriff or other officer or the state would, by the laws of the state, be permitted to make such arrest.
(f) In all cases of a misdemeanor the party charged before the municipal court shall be entitled to a trial by jury, in the same manner and form as provided by law before a justice of the peace. When an application is made for a jury in the trail of a case, the judge shall direct the city marshal or any policeman of the town to summon six disinterested persons who are qualified voters in the town, to act as jurors, to serve. Any person so summoned, who shall fail or refuse to act without good cause shown, may be fined by the court in any sum in accordance with the general penalty provision found in section 1.106 of this Code for the use of the city.
(g) The judge shall, in all matters pertaining to the administration of justice, concerning which there are no special provisions, be governed by the laws of the state regulating proceedings in justice courts, so far as the same may be applicable.
(h) The judge shall have power to punish all persons guilty of contempt of court to the same extent and under the same circumstances as the county court. Except as may be otherwise herein specially set forth and provided, he shall have the power to take recognizances, admit to bail and forfeit recognizances and bail bonds, under the rules and regulations as now govern the taking and forfeiting of the same as in the county court.
(i) The judge shall have the power and authority to administer official oaths, and all oaths and affirmations, and to swear witnesses and jurors in trial before him.
(j) Except as may be otherwise herein specially provided, the proceedings before the municipal court shall be governed by the same rules which are of this state, insofar as they are applicable. All prosecutions in the municipal court, whether under an ordinance or under the Penal Code of the State, shall be commenced "in the name of the State of Texas", and shall conclude "against the peace and dignity of the State"; and, where the offense is covered by ordinance, the complaint may also conclude "as contrary to such ordinance".
(k) Warrants or other processes issued by the judge shall be directed to the city marshal or any policeman of the town, but in case of the absence or inability of such officers, such process shall be directed to any peace officer within the town or county, and shall be executed by such officer.
(l) The judge shall have power to issue any process necessary to require the attendance of any person as a witness in any case pending before the municipal court. Persons failing or refusing to obey any such process may be fined in any sum in accordance with the general penalty provision found in section 1.106 of this Code and shall forthwith be attached. If such witness appears in the municipal court and fails or refuses to testify, he shall be guilty of contempt of court, and may be fined in accordance with the general penalty provision found in section 1.106 of this Code and in addition thereto, may be imprisoned, or otherwise punished, as provided by law.
(m) Except as maybe expressly herein otherwise provided, the provisions of the Code of Criminal Procedure of the State of Texas, now in force regulating the attendance of witnesses in criminal cases tried before a justice of the peace, shall, (so far as practicable), govern and be applicable to the trial of cases before the municipal court.
Sec. 8.304. Clerk of the municipal court.
(a) Powers and duties. The city secretary shall be ex officio clerk of the municipal court and shall have the powers and duties prescribed by the laws of the State of Texas and by this article in transacting the business of the court.
(b) Deputy clerk. Subject to the approval of the mayor, the city secretary may appoint one or more deputy clerks who, when acting in such capacity, shall have the same authority as the clerk of the municipal court.
Sec. 8.305. General penalty.
Any person, association of persons, firm or corporation convicted in the municipal court of the Town of Ponder, Texas, of a violation of any provision of this article (for which a penalty is not otherwise provided), may be fined in accordance with the general penalty provision found in section 1.106 of this Code.
(Ord. No. 104, 3-2-1987)
ARTICLE 8.400. TEXAS MUNICIPAL RETIREMENT SYSTEM*
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*State law reference(s)--Texas Municipal Retirement System, generally, V.T.C.A., Government Code, ch. 851.
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(a) The City Council of the City of Ponder, Texas, on behalf of said city, hereby exercises its option and elects to have the city and all of the employees of all departments now existing and those hereafter created participate in the Texas Municipal Retirement System as provided in the TMRS Act.
(b) The city manager is hereby directed to notify the board of trustees of the Texas Municipal Retirement System that the city has elected to participate and have the employees of the city covered in said system.
(c) Each person who becomes an employee of a participating city on or after the effective date of participation of such city whose position shall require more than 1,000 hours per year shall become a member of the Texas Municipal Retirement System as a condition of their employment.
(d) In accordance with the provisions of the TMRS Act, the deposits to be made to the Texas Municipal Retirement System on account of current service of the employees of the several participating departments are hereby fixed at the rate of five percent of the full earnings of each employee of said departments.
(e) Each employee who qualifies for such credit shall be allowed "prior service credit" (as defined in section 853.101 of the TMRS Act) at the rate of 100 percent of the "base credit" of such member, calculated in the manner prescribed in section 853.105 of said Act.
(f) For each month of current service rendered to this city by each of its employees who are members of the Texas Municipal Retirement System, the city will contribute to the current service annuity reserve of each such member at the time of his or her retirement, a sum that is 150 percent of such member's accumulated deposits for such month of employment; and said sum shall be contributed from the city's account in the municipality accumulation fund.
(g) The city secretary is hereby directed to remit to the board of trustees of the Texas Municipal Retirement System, at its office in Austin, Texas, the city contributions to the system and the amounts which shall be deducted from the compensation or payroll of employees, all as required by said board under the provisions of the TMRS Act, and the said official is hereby authorized and directed to ascertain and certify officially on behalf of this city the prior service rendered to the said municipality by each of the employees of the participating departments, and the average prior service compensation received by each of the employees of the participating departments and make and execute all prior service certifications and all other reports and certifications which may be required of the city under the provisions of the TMRS Act, or in compliance with the rules and regulations of the board of trustees of the Texas Municipal Retirement System.
(h) That the city hereby elects to participate in the Supplemental Death Benefits Fund of the Texas Municipal Retirement System for the purpose of providing in-service death benefits for each of the city's employees who are members of said system, and for the purpose of providing post-retirement death benefits for annuitants whose last covered employment was as an employee of the city, in the amounts and on the terms provided for in Sections 852.004, 854.601 through 854.605, 855.313, 855.314, 855.408, and 855.502 of Title 8 Subtitle G, of the Texas Government Code, as amended.
(i) The city is hereby authorized and directed to notify the director of the system of adoption of this article, and of the participation of the city in said fund.
(j) Pursuant to Section 855.407(g) of the TMRS Act, the city hereby elects to make future normal and prior service contributions to its account in the municipal accumulation fund of the system at such combined rate of the total compensation paid by the city to employees who are members of the system, as the system's actuary shall annually determine as the rate necessary to fund, within the amortization period determined as applicable to the city under the TMRS Act, the costs of all benefits which are or may become chargeable to or are to be paid out of the city's account in said accumulation fund, regardless of other provisions of the TMRS Act limiting the combined rate of city contributions.
(k) The provisions of this article shall become effective on the 1st day of October, 1999.
(Ord. No. 249, 8-5-1999)
Chapter 9 SUBDIVISIONS*
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*State law reference(s)--Regulation of subdivision and property development, V.T.C.A., Local Government Code, ch. 212.
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ARTICLE 9.100. STREETS IN ETJ
From this date forward any streets that shall be layed and/or constructed in and within the Town of Ponder and its legal extraterritorial jurisdiction area shall follow the specifications and guidelines of the Ponder Planning and Zoning Commission as approved by the board of commissioners of the Town of Ponder.
(Ord. No. 83-7-64, 12-27-1983)
ARTICLE 9.200. EASEMENT AND RIGHT-OF-WAY USE
Sec. 9.201. Use of city property, generally.
The right of control and use of the public streets, highways, sidewalks, alleys, parks, public squares, and public places of the town is hereby reserved by town, except where such use is specifically granted by license, ordinance or other law.
Sec. 9.202. No rights granted.
No act of omission by the council or an officer or agent of the town shall ever been construed to grant, extend, amend, expressly of by estoppel or implication, any right, franchise, license or easement affecting such public streets, highways, sidewalks, alleys, parks, public squares, public places and other real property of the Town of Ponder except as may be specifically provided by ordinance, franchise or license granted by official action of the council.
Sec. 9.203. Posting of signs.
It shall be unlawful for any person to post, print, stick, stamp, tack or otherwise affix, or cause the same to be done, any notice, placard, bill, card, poster, sticker, banner, sign, advertising, or other device calculated to attract the attention of the public to, over, or upon any street right-of-way (including the parkway except for address signs), public sidewalk, curb (except house numbers), lamp posts, hydrant, tree, electric light pole, telephone pole, telegraph pole, or upon any fixture of the alarm systems, telephone systems of similar or related systems involving governmental or public service of the city owned building or property, unless specifically permitted by ordinance duly passed by the town council of the Town of Ponder.
Sec. 9.204. Definition.
In this article, "sign" means an outdoor sign, display, light, device, figure, painting, drawing, message, plaque, poster, or other thing designed, intended, or used to advertise or inform.
Sec. 9.205. Penalty for violations.
Any person, firm or corporation violating any of the provisions or terms of this article or the Code of Ordinances of the Town of Ponder, Texas, and upon conviction in the municipal court of the Town of Ponder, Texas, shall be punished by fine in accordance with the general penalty provision found in section 1.106 of this Code for each offense; and each and every day such violation continues shall be deemed a separate offense.
(Ord. No. 212, 3-18-1999)
Chapter 9, Exhibit "A" SUBDIVISION ORDINANCE
ORDINANCE NO. 164
AN ORDINANCE PRESCRIBING RULES AND REGULATIONS GOVERNING PLATS, PLANS AND SUBDIVISIONS OF LAND WITHIN THE CORPORATE LIMITS OF THE TOWN OF PONDER, TEXAS, AND WITHIN ITS EXTRATERRITORIAL JURISDICTION, CONTAINING CERTAIN DEFINITIONS; PROVIDING FOR A PRELIMINARY PLAN; A FINAL PLAT, AND PROVIDING FOR FINAL APPROVAL OF SUBDIVISIONS BY SECTIONS; PRESCRIBING DESIGN PROVISIONS FOR STREETS, SANITARY UTILITIES, WATER MAINS, STORM SEWERS AND OTHER DRAINAGE STRUCTURES AND PUBLIC UTILITIES; PROVIDING FOR A PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS ($500.00) FOR EACH VIOLATION THEREOF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND AUTHORIZING THE TOWN SECRETARY TO CAUSE PUBLICATION OF THIS CAPTION.
WHEREAS, under the laws of the State of Texas, every owner of any tract of land situated within the corporation limits of the Town of Ponder, Texas, or within its extraterritorial jurisdiction; who may hereafter divide the land in two (2) or more tracts described by metes and bounds or otherwise for the purpose of laying out any subdivision of such tract of land or any addition to said Town of Ponder, or laying out suburban lots or building lots, or any lots, and streets, or parks and other portions intended for public use, or the use of purchasers or owners of lots fronting thereon or adjacent thereto, are required to submit a plat of such subdivision or addition for approval by the Town Council of the Town of Ponder, and,
WHEREAS, the Town Council of the Town of Ponder is empowered by law to establish the general plan of the Town of Ponder and plan for the expansion and further development and/or redevelopment of Ponder and of the roads, streets, public highways, parks, and public utilities facilities within the Town or within its extraterritorial jurisdiction;
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PONDER. TEXAS:
On and after the passage of this Ordinance, any person, firm, or corporation seeking approval of any plat, plan or replat of any subdivision of land within the corporate limits of the Town of Ponder, or within one-half (1/2) mile of such limits and not within the corporate limits of any other city or within the exclusive extraterritorial jurisdiction of another city, as defined by Chapter 42, Texas Local Government Code 1992, shall be required to comply with the requirements of this Ordinance before such approval may be granted, to-wit:
PART I. GENERAL
Article 1. Short Title.
1-100 This Ordinance may be known and cited as the "Ponder Subdivision Ordinance".
Article 2. Authority.
2-100 This Ordinance is adopted under the authority of the Constitution and laws of the State of Texas, including particularly Chapters 212 (Subdivisions), 242 (Subdivisions in ETJ), 42 (Extraterritorial Jurisdiction), 52 (Adoption of Ordinance), and 54 (Enforcement of Ordinances) as Texas Local Government Code, 1992 Edition.
Article 3. Purpose.
3-100 The purposes for which this Ordinance is created are: to provide for the orderly, safe and healthful development of the area within the town and within the area surrounding the town and to promote the health, safety and general welfare of the community; to establish orderly polices and procedures to guide development of the Town; to provide for establishment of minimum specifications for construction and engineering design criteria to maintain land values, reduce inconveniences to residents of the area, and to reduce related unnecessary costs to the Town for correction of inadequate environmental conditions; to ensure that development of land and subdivisions shall be of such nature, shape and location the utilization will not impair the general welfare and to ensure against the dangers of fires, floods, erosion, landslides, or other such menaces; to provide proper utilities and services for adequate drainage, water supply, and disposal of sanitary and industrial waste; to provide streets that ensure safe, convenient and functional systems for vehicular and pedestrian circulation; to furnish adequate sites, convenient to schools, parks, playgrounds, and other community services, respecting topography and existing vegetation so that the natural beauty of the land shall be preserved.
Article 4. Interpretation.
In the interpretation and application of the provisions of these regulations it is the intention of the Town Council that the principles, standards and requirements provided for herein shall be minimum requirements for the platting and developing of subdivisions in the Town of Ponder, and where other ordinances of the Town are more restrictive in their requirements, such other ordinances shall control.
Article 5. Definitions.
5-100 For the purposes of this ordinance, the following terms, phrases, words, and their derivations shall have the meaning ascribed to them in this section. Words and terms not expressly defined herein are to be construed according to their customary usage in the practice of municipal planning and engineering.
Administrative Officers: Any office referred to in this Ordinance by title, i.e., Mayor, Town Attorney, Town Secretary, Town Engineer, Director of Utilities. etc., shall be the person so retained in this position by the Town, or that person's duly authorized representative.
Building Setback Line: The line within a property defining the minimum horizontal distance between a building (or other structure) and the adjacent property line.
Commission: The Planning and Zoning Commission of the Town.
Council: The duly elected governing body of the Town of Ponder, Texas.
Cul-de-Sac: A street having but one outlet to another street, and terminated on the opposite end by vehicular turn-around.
Dead-End Street: A street, other than a cul-de-sac, with only one outlet.
Easement: The word "easement" shall mean an area for restricted use on private property upon which any public utility shall have the right to remove and keep removed all or part of any buildings, fences, tree, shrubs, or other improvements or growths which in any way endanger or interfere with the construction, maintenance, or efficiency of its respective systems on any of these easements. Any public utility shall at all times have the right of ingress and egress to and from and upon the said easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining and adding to or removing all or part of its respective systems without the necessity at any time of procuring the permission of anyone.
Engineer: A person duly authorized under the provisions of the Texas Engineering Registration Act, to practice the profession of engineering and who is specifically qualified to design and prepare construction plans and specifications for subdivision development.
Final Plat: The one official and authentic map of any given subdivision of land prepared from actual field measurement and staking of all identifiable points by a Surveyor with the subdivision location referenced to a survey corner and all boundaries, corners and curves of the land division sufficiently described so that they can be reproduced without additional references. Angular measurements and bearings shall be accurate to the nearest second.
Distances shall be accurate to the nearest hundredth of a foot. The final plat of any lot, tract, or parcel of land shall be recorded in the Records of Denton County, Texas.
Lot: An undivided tract or parcel of land having frontage on a public street and which is, or in the future may be offered for sale, conveyance, transfer or improvements; which is designated as a distinct and separate tract, and which is identified by a tract or lot number or symbol in a duly approved subdivision plat which has been properly filed of record.
Master Plan: The phrase "Master Plan" shall be the comprehensive plan of the Town and adjoining areas as adopted by the Town Council and the Town Planning and Zoning Commission, including all its revisions. This plan indicates the general location recommended for various land uses, transportation routes, public and private buildings, streets, parks, water, sewer, and other public and private developments and improvements.
May, Shall: The word "may" is merely directive. The word "shall" is always mandatory.
Pavement Width: The portion of a street available for vehicular traffic. Where curbs are laid, it is the portion between the faces of the curbs.
Person: Any individual, association, firm, corporation, governmental agency, or political subdivision.
Planning Commission: Same as Commission.
Preliminary Plan: The graphic expression of the proposed overall plan for subdividing, improving and developing a tract shown by superimposing a scale drawing of the proposed land division on a topographic map and showing in plan existing and proposed drainage features and facilities, street layout and direction of curb flow, and other pertinent features with notations sufficient to substantially identify the general scope and detail of proposed development.
Replatting: "Replatting" is the resubdivision of any part or all of any block or blocks of a previously platted subdivision, addition, lot or tract.
Sketch Plan: A sketch drawing of initial development ideas superimposed on a topographic map to indicate generally the plan of development and to save as a working base for noting and incorporating suggestions of the Commission, Engineer, or others who are consulted prior to the preparation of the preliminary plat.
Street: A public right-of-way, however designated, which provides vehicular access to adjacent land.
1. Major Thoroughfares (also Arterial Streets, Primary Thoroughfares etc.) provide vehicular movement from one neighborhood to another, to distant points within the Urban Area or to Freeways or Highways leading to other communities.
2. Collector Streets (also Feeder Streets, Secondary Thoroughfares, etc.) provide vehicular circulation within neighborhoods and from minor streets to major thoroughfares. Due to similarity of traffic volume and wheel loadings, street through commercial and industrial areas are frequently constructed to same design as Collector Streets.
3. Local Residential Streets (also Minor Thoroughfares or Streets, etc.) are primarily for providing direct vehicular access to abutting residential property.
Street and Alley Width: The terms "street width" or "alley width" shall be the shortest distance between the lines which delineate the rights-of-way.
Subdivider: Any person or any agent thereof, dividing or proposing to divide land so as to constitute a subdivision as that term is defined herein. In any event, the term "subdivision" shall be restricted to include only the owner, equitable owner or authorized agent of such owner or equitable owner, of land sought to be subdivided.
Subdivision (also "Addition"): A division of any tract of land situated within the corporate limits, or within the extraterritorial jurisdiction of such limits, in two (2) or more parts for the purpose of laying out any subdivision of any tract of land or any addition, or for laying out suburban lot or building lots, or any lots and streets, alleys or parts or other portions intended for public use or the use of purchasers or owners of lots fronting thereon or adjacent thereto. Subdivision includes resubdivision, but it does not include the division of land in parcels or tracts of five (5) acres or more, nor division of land for purposes of partition between joint development; and not involving any new street, alley or easement of access. When appropriate to context, the term subdivision shall relate to the process of subdividing or to the land subdivided. Subdivision includes the sale of a portion of a larger tract of land to another.
Surveyor: A Registered Public Land Surveyor, as authorized by the State statutes to practice the profession of surveying.
Town: The Town of Ponder, Texas, together with all its governing and operating bodies.
Town Engineer: "Town Engineer" shall apply only to such Registered Professional Engineer or firm of Registered Professional Consulting Engineers that has been specifically designated as such by Resolution of the Town Council.
Utility Easement: An interest in land granted to the Town, to the public generally, and/or to a private utility corporation, for installing and maintaining utilities across, over or under private land, together with the right to enter thereon with machinery and vehicles necessary for the maintenance of said utilities.
Article 6. Severability and Validity.
6-100 It is hereby declared to be the intention of the Town Council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable and, if any phrase, clause, sentence, paragraph or section of this Code shall be declared invalid by the valid judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code, since the same would have been enacted by the Town Council without the incorporation in this Code of any such invalid phrase, clause, sentence, paragraph or section.
Article 7. Effective Date.
7-100 This Ordinance shall be effective ten days from and after the date of its publication.
Article 8. Compliance Required (Effected Parties).
8-100 No subdivider shall subdivide any tract of land which is located within Ponder or within one-half (1/2) mile of its corporate limits and neither within another city nor within the exclusive extraterritorial jurisdiction of another city, as defined by Article 970a, Revised Civil Statutes of Texas, except in conformity with the provisions of this Ordinance. This ordinance will apply to land being subdivided and to land that has been subdivided and platted without improvements being made or the completion of those improvements, except where prior Town Council approval has designated the measure of acceptable criteria and conditions of acceptance for improvements thereupon. Where improvements have not been made on land that has been platted and the Town Council has not conditionally established approval of improvements, then all the provisions and criteria established by this ordinance will be in full force.
Article 9. Penalty for Violation.
9-100 Any person, firm or corporation who shall violate any of the provisions of this Ordinance or who shall fail to comply with any provision hereof shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed Five Hundred ($500.00) Dollars, and each day that such violation continues shall constitute a separate offense and shall be punishable accordingly. Prosecution or conviction under this provision shall never be a bar to any other remedy or relief for violations of this Ordinance.
Article 10. Variances.
10-100 The Planning and Zoning Commission may recommend and the Town Council may authorize a variance from these subdivision regulations when, in its opinion, extraordinary hardship will result from requiring strict compliance.
The Planning and Zoning Commission shall not propose a variance unless they are special circumstances or conditions influencing the subdivision involved.
10-101 In the recommendation of a variance, the Planning and Zoning Commission shall set out the conditions that it finds necessary or advantageous to the public interest in proposing such variances that will not have the effect of nullifying the intent and purpose of these regulations.
Financial hardship to the applicant shall not be deemed sufficient reason to constitute the recommendation of a variance.
10-102 In granting a variance, the Council shall prescribe only conditions that it deems necessary to or desirable in the public interest. In making the findings herein below required, the Council shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such variance upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity. No variance shall be granted unless the Council finds that all of the following conditions exist:
1. That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this Ordinance would deprive the applicant of the reasonable use of his land; and
2. That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; and
3. That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area; and
4. That the granting of the variance will not have the effect of presenting the orderly subdivision of other land in the area in accordance with the provisions of this ordinance. Such findings of the council, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the Council meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this Ordinance so that the public health, safety, and welfare may be secured and substantial justice done. Pecuniary hardship to the subdivider, standing alone shall not be deemed to constitute undue hardship.
**Engineer will review all variance requests.
10-103 The Planning Board, in the recommendation of a variance to the Town Council, shall submit to them a letter containing all the specific facts and pertinent data upon which such a variance has been based, and such documents shall be entered into the official minutes of the Council Meeting. Such results as determined by the Town Council, after considering the material submitted by the Planning Board, shall be final.
Article 11. Appeals.
11-100 Any subdivider aggrieved by a finding or action of the Commission and/or Council shall appear by filing written Petition in a court of competent jurisdiction within thirty (30) days from the date of such finding or action, and not thereafter.
Article 12. Special Provisions for Enforcement.
12-100 A subdivision plat shall not be filed of record until it has been approved by the Planning Commission and the Town Council; and any such actual recording shall be void unless such approval shall be endorsed on the face of the plat as hereinafter provided.
12-101 No construction work shall begin on the proposed improvements in the proposed subdivision prior to the final plat being approved by the Town Council.
12-102 No change, erasures, modifications or revisions shall be made in any plat of a subdivision after approval has been given by the Town Council and endorsed on the plat in writing, unless said change, revision or modification is first submitted to and approved by the Town Council.
12-103 No building permit shall be issued by the Town for any structure on any lot in a subdivision which is not serviceable by the community sanitary sewerage collection and treatment system, unless a valid septic tank license for the specific lot has first been obtained from the County Health Department. (See Article 52).
12-104 No building, repair, plumbing or electrical permit shall be issued by the Town for any structure on a lot in a subdivision for which a final plat has not been approved and filed for record, nor for any structure on a lot within a subdivision in which the standards contained herein or referred to herein have not been complied with in full.
12-105 The Town shall not authorize any other person nor shall the Town itself repair, maintain, install or provide any street or public utility services in any subdivision for which the standards contained herein or referred to herein have not been complied with in full.
12-106 Disapproval of a plat by the Council shall be deemed a refusal by the Town to accept the offered dedications shown thereon. Approval of a plat shall not impose any duty upon the Town concerning the maintenance or improvement of any such dedicated parts until the proper authorities of the Town have actually appropriated the same by entry, use, or improvement. Any such dedication, before or after actual appropriation may be vacated by the Council in any manner provided by law.
12-107 The Town shall not authorize any other person nor shall the Town itself sell or supply any water, gas, electricity, or sewerage service within a subdivision for which a final plat has not been approved or filed for record, nor in which the standards contained herein or referred to herein have not been complied with in full.
12-108 In behalf of the Town, the Town Attorney shall, when directed by the Town Council, institute appropriate action in a court of competent jurisdiction to enforce the provisions of this Ordinance or the standards referred to herein with respect to any violation thereof which occurs within any area subject to all or a part of the provisions of this Ordinance.
12-109 In addition thereto any abutting owner or lessee or other person prejudicially affected by the violation of the terms of this Ordinance may resort to any court of competent jurisdiction for any writ or writes, or to obtain such relief, either in law or equity, as may be deemed advisable in these premises.
12-110 If any subdivision exists for which a final plat has not been approved or in which the standards contained herein or referred to herein have not been complied with in full, the Town Council shall pass a resolution reciting the facts of such non-compliance and failure to secure final plat approval, and reciting the fact that the provisions of paragraphs 12-101, 103, 104, 105, and 106 of this Section will apply to the subdivision and the lots therein. The Town Secretary shall, when directed by the Town Council, cause a certified copy of such resolution under the corporate seal of the Town to be filed in the Deed Records of the County in which such subdivision or part thereof lies. If full compliance and final plat approval are secured after filing of such resolution, the Town Secretary shall forthwith file an instrument, in the Deed Records of such County stating that Paragraph 12-101, 103, 104, 105, and 106 no longer apply.
Article 13. Amendment.
13-100 The Town Council may from time to time amend this Ordinance. In accordance with appropriate procedures provided by law.
Article 14. Improvements Required.
14-100 The subdivider shall furnish, install and/or construct the water and sewerage systems and the street and drainage facilities necessary for the proper development of the subdivision. All such facilities shall be designed and constructed in accordance with the Design Provisions contained in this Ordinance, and other standards, specifications, and drawings as may be hereafter adopted, approved by the Town Council and placed on file in the office of the Town Secretary.
14-200 Where considered necessary by the Town Engineer, and/or as recommended by the Commission or shown on the master plan, the facilities shall be sized in excess of that dictated by the design criteria to provide for future growth and expansion. The Town Council shall establish policies whereby the Town would participate in such oversized facilities provided funds are available.
PART II. GENERAL SUBDIVISION DEVELOPMENT PROCESSING PROCEDURE
Article 15. General.
15-100 All property not subdivided into lots, blocks, and streets, or property to be resubdivided, within the Town or within its jurisdiction shall hereafter be laid out subject to the approval of both the Planning Commission and the Town Council, and no other subdivision will be recognized by the Town. Prior to the consideration of the plans and plats by the Planning Commission, the Council and their duly authorized representatives shall check the materials and make recommendations.
Article 16. Procedure Summary.
16-100 Subdivision Ordinance Procedures Outline.
1. Any person dividing property into two (2) or more tracts or lots within the Town limits or extraterritorial jurisdiction of the Town shall conform to provisions of the subdivision ordinance. (Exception: A property division into tracts of five (5) acres or more for agricultural use and involving no street or utility construction).
2. Plat filing procedures.
a. Preapplication conference between Town Secretary and subdivider (or representative).
b. Optional preliminary hearing.
c. Preparation of preliminary plat.
d. Submission of preliminary plat to Town Secretary together with filing fee. (Ten prints at scale of 1"- 100' or larger and twelve copies on 81/2" x 11" sheets.)
e. Copy is sent to Town Engineer for review.
f. Town Engineer shall return marked copy to subdivider for revision or to Planning and Zoning Commission for action.
g. Town notifies all property owners within 200'.
h. Planning and Zoning considers proposed subdivision within thirty days after formal submission to Town Secretary.
i. If preliminary plat accepted or accepted with conditions by Planning and Zoning, subdivide, prepares final plat. (ten prints at scale of 1"= 100' and twelve copies 8 1/2" x 11" sheets.)
j. Final plat is submitted to Planning and Zoning Commission.
k. Planning and Zoning Commission reviews and makes recommendation to Town Council.
l. Town Council reviews and makes final decision (approval or rejection).
m. Subdivider pays development inspection fees and provides to Town a copy of performance and payment bonds.
n. Inspections are made by Town Engineer or his representative during construction of dedicated improvements.
o. When improvements are completed, subdivider applies to Town Engineer through Town Secretary for final acceptance of dedicated improvements.
p. Town Engineer shall certify to Town Council that all improvements have been completed in accordance with Town requirements. (Requirements include test results, contract completion certificate, as-built plans, and maintenance bond.)
q. Town Council give final acceptance of constructed facilities and approves issuance of Building Permits.
r. Subdivider provides the Town a maintenance bond in the amount of one hundred (100%) percent of total cost of dedicated improvements to cover any repairs due to workmanship or materials. Bond is to be furnished prior to acceptance of dedicated improvements and is to be for one year from date of final acceptance.
s. Subdivider pays filing fee to Town Secretary who files final plat with County Clerk within thirty days after acceptance by Town Council.
t. Town Engineer is to inspect all dedicated facilities not later than thirty days prior to end of warranty period and submit written report to Town. Any necessary repairs are to be noted and will extend the warranty period until repairs are made to satisfaction of engineer and council.
u. No building permits are to be issued prior to final approval and acceptance of dedicated improvements.
16-101 The detailed procedures within each phase of subdivision development processing are covered in Parts III, IV, and V of this Ordinance.
PART III. PRE-APPLICATION PROCEDURE
Article 18. Scope and Purpose.
18-100 Prior to the official filing of a preliminary plan, the subdivider should avail himself of a copy of the Subdivision Regulations and should prepare a sketch plan of the proposed subdivision. The subdivider should submit the sketch plan to the Town Secretary or other administrative officer so designated by the Town. Preparation and presentation of the sketch plan is not mandatory and no approvals, either tentative or final, will be given on sketch plans; however, their preparation is recommended as an economy measure.
This phase does not require formal applications, payment of a fee, or the filing of a plat, but is rather an informal consultation with the Town, in order that the subdivider may save himself time and money in the preparation of the preliminary and final plats by determining the rules, regulations and policies as set forth by the Planning Commission.
The aim and purpose of the pre-application procedure is to offer the developer or subdivider the background and experience of the Planning Commission in the preparation of the preliminary plat. It is not the intent or policy of the Planning Commission to do the planning or engineering for the subdivider, but rather to steer his efforts into the most efficient and economical means of coordination with the Subdivision Ordinance.
Article 19. Sketch Plan.
19-100 The subdivider should present such general subdivision information as will outline the existing conditions of the site, utilities, and available community facilities. A simple rough sketch should indicate the location of the proposed subdivision, number of residential lots, typical lot width and depth, commercial areas, park and playground areas, proposed protective covenants or restrictions, and proposed utilities and street improvements.
Article 20. Preliminary Conference.
20-100 At the time the sketch plan is presented to the Planning and Zoning Commission, a preliminary conference should be held for the general comments and clarifications which are usually necessary. At that time, the subdivider should obtain copies of all forms, publications, design criteria and standards available from the Town for his reference and for the benefit of his engineer.
PART IV. PRELIMINARY PLAN REQUIREMENTS
Article 21. General.
21-100 The subdivider shall cause to be prepared a preliminary plan by an Engineer, and/or Land Planner, in accordance with this Ordinance.
21-101 Until a preliminary plan of a subdivision shall have been approved in accordance with these controls, no person shall subdivide or shall submit a final plat thereof, or shall file a record of survey, or a map or plat for record, or proceed with any grading construction or other work on the same. The Commission shall approve or disapprove any preliminary plan within thirty (30) days from the date of the Commission meeting at which it is filed for consideration by the Commission.
Article 22. Application and Copies Required.
22-100 The Subdivider shall submit to the Town Secretary ten (10) black or blueline prints, together with other required data, showing all preliminary information as hereinafter required at least twenty (20) days prior to the date on which formal application for preliminary approval will be filed for consideration by the Planning Commission. On request from the Subdivider, the Town Secretary will advise him of the date and time of the meeting of the Planning Commission at which time the preliminary planning information will be filed and considered. Prior to the date set for Commission consideration the Town Secretary shall submit two (2) copies of the preliminary planning information to the engineer for the Town to obtain his recommendations for the Planning Commission. The preliminary information will be furnished to the Planning Commission by the Town Secretary.
Article 23. Filing Fee.
23-100 When the preliminary plat and plans are filed with the Town Secretary for consideration and approval, it shall be accompanied by a filing fee of $200.00 dollars plus $5.00 per residential lot or $30.00 per commercial lot. The payment of the preliminary plat fee shall constitute formal request for preliminary plat approval. No action by the Planning and Zoning Commission shall be valid until this fee is paid. This fee shall not be refunded should the subdivider fail to make a complete preliminary plan submittal or should the preliminary plat and plans be disapproved. The subdivider, however, may resubmit the preliminary plan information to the Planning and Zoning Commission with the required revisions or additional information without payment of an additional fee.
Article 24. Formal Application.
24-100 Formal application for preliminary approval for subdivision development shall be made by the Subdivider in writing to the Commission at the official meeting at which the preliminary plan is to be considered by the Planning Commission which shall be considered as the filing date.
24-101 The subdivider and his Engineer or land planner should be present at the meeting. The subdivider, by written notice filed with the Town Secretary, may designate his Engineer or land planner as his agent in the processing of his subdivision.
Article 25. Form and Content of Preliminary Information.
25-100 The plans shall be drawn on sheets 36 inches wide and 22 or 24 inches high with a binding margin of not less than one and one-half (1 1/2") inches on the left side of the sheet; and margins not less than one-half (1/2") inch on the other three sides.
25-101 The plans will be drawn to a scale of not more than one hundred (100') feet to one (1) inch. Whenever the size of the subdivision is such that the full area cannot be covered on a single sheet with space for titles and other required identification, the plans may be drawn on a number of separate sheets with matching lines to facilitate joining them together as a continuous composite plat. When more than one sheet is necessary to accommodate the entire tract proposed for subdivision, an index map showing the entire subdivision shall be furnished and each portion of the subdivision shall be indicated on the index map.
Where more than one sheet is so used, they shall also be accompanied by photographic reductions of the various sheets reduced in scale and joined together to form a single overall composite of the plat on a sheet 36 inches wide and 22 or 24 inches high.
Where the proposed subdivision constitutes a unit of a larger tract owned by the subdivider, which is intended to be subsequently subdivided as additional units of the same subdivision, the preliminary plats shall be accompanied by a layout of the entire area showing the tentative proposed layout of streets, blocks, drainage, water, sewerage, and other improvements for such areas.
25-102 Preliminary Planning Information shall consist of at least the following separate sheets:
25-103 Sheet No. I--Preliminary Plat.
1. Name and address of the Subdivider, record owner, and of the engineer, planner, or surveyor.
2. Proposed name under which the subdivision is to be recorded, which shall not have the same spelling as or be pronounced similar to the name of any other subdivision located within the Town or within one-half (1/2) mile of the current Town Limits.
3. Name of contiguous subdivision, location of contiguous lots and the name and addresses of owners of all contiguous parcels of subdivided or unsubdivided land and an indication of whether or not contiguous properties are platted and filed of record.
4. The location of existing blocks, lots, building lines, water courses, ravines, bridges, culverts, present structures and any pertinent natural features in the area affected, with principal dimensions and all significant information in regard to property, immediately adjacent on all sides.
5. The tract designation and other description according to the real estate records of the Town or County Assessor and Recorder; also designation of the proposed uses of land within the subdivision.
6. Primary control points or descriptions, and ties to such control points to which all dimensions, angles, bearings, block numbers and similar data shall be referred.
7. A vicinity map showing location of tract by reference to existing streets or highways.
8. Subdivision boundary lines accurate in scale and indicated by heavy lines, of the total area proposed for subdivision and the computed acreage of the total area. Bearing and length of each boundary line shall be shown and description by metes and bounds of the subdivision perimeter shall be supplied separately on 81/2 x 11 or 81/2 x 14 inch paper.
9. The location, dimensions, and name (if applicable) of all existing or recorded streets, alleys, reservations, easements or other public rights-of-way within the proposed subdivision, intersecting or contiguous with its boundaries or forming such boundaries. All existing or recorded residential lots, parks, public areas, permanent structures within or contiguous with the proposed subdivision shall be shown.
10. Other conditions adjacent to the tract affecting design of the subdivision including such information as may be available from field observation, aerial photographs and available maps.
11. The location, dimensions and name, if applicable, of all proposed streets, alleys, drainage structure, parks, public areas, reservations, easements or other rights-of-way, blocks, lots, commercial area and other sites within the proposed subdivision. When curved streets are proposed, the radius of the curve shall be shown. For lots facing on curved streets, the chord width of the lot at the front building setback line shall be shown. A number or letter shall be used to identify each lot or site and block.
12. The location of lots and blocks proposed for inclusion in the first section of development.
13. Front building setback lines on all lots and sites. Side yard building setback lines at street intersections and crosswalk ways.
14. Location of Town Limits line, the outer border of the Town's extraterritorial jurisdiction, and zoning district boundaries; if they traverse the subdivision, form part of the boundary of the subdivision or are contiguous to such boundary.
15. The date of preparation, the scale of the drawing, and a north arrow.
16. All proposed planning shall conform to the current Town Zoning Ordinance.
17. Each proposed street, within the subdivision area, shall be named and shall conform with names of any existing streets of which they may be or become extensions. The names shall not duplicate, or be similar to, the recognized name of any other street located elsewhere in the area to these rules and regulations.
18. Designation of all tracts, intended to be for multi-family dwellings. shopping centers, churches, industry or other uses.
19. Data specifying the gross area of the subdivision, the proposed number of residential lots and area therefore, and the approximate area in parks and in other non-residential uses.
20. All parcels of land intended to be dedicated for public use or reserved in the deeds for the use of all property owners in the proposed subdivision, together with the purpose of conditions or limitations of such reservations, if any.
21. The following notice shall be placed on the face of each preliminary plat by the subdivider.
"Preliminary Plat for Review Purpose Only"
22. The following certificate shall be placed on the Preliminary Plat by the subdivider.
THE PLANNING AND ZONING COMMISSION OF THE TOWN OF PONDER, ON (date ________, 19_________) VOTED AFFIRMATIVELY TO RECOMMEND CONDITIONAL APPROVAL OF THIS PRELIMINARY PLAT, SUBJECT TO CONDITIONS ENUMERATED IN MINUTES OF THIS DATE.
BY: ________________
CHAIRMAN OF PLANNING AND ZONING
ATTEST: ________________
SECRETARY
25-104 Sheet No. 2--Topography, Street, and Drainage Plan. This sheet may be prepared on a reproducible copy of Sheet No. 1 so that the same information will be repeated together with the following:
1. Topographical information including contour lines on a basis of five (5') foot intervals in terrain with a slope of five (5) percent or more and on a basis of two (2') foot intervals in terrain with a slope of less than five (5) percent. All elevations shall be referenced to U.S.G.S. survey datum. The datum used shall be specified on the drawings.
2. Any proposed changes in topography shown by contour lines on a basis of five feet vertical interval in terrain with a slope of five percent or more, and on a basis of two feet vertical interval in terrain with a grade of less than five percent.
3. Areas contributing drainage to the proposed subdivision shall be shown on small scale supplemental drawings. The information to be submitted shall include the area, slope of drainage flowlines and runoff factors in the contributing areas.
4. The location or locations hr the discharge of drainage from the proposed subdivision including contributing areas shall be shown together with the quantity of drainage. All drainage must be planned in the best interests of the immediate and adjacent properties.
5. Drainage arrows shall be shown for all streets and drainage easements. When the maximum permissible capacity of streets to carry stormwater is exceeded, the location of storm sewers, curb inlets or open channels shall be shown.
6. Supplemental information showing the preliminary design calculations for drainage shall be furnished and attached to the Topography and Drainage Plan. Calculations shall conform to Article 51 of this policy. Areas subject to flooding shall be shown, delineating the 100-year flood limits if applicable.
7. The exact location, dimension, description, and flow line of existing drainage structures and the location, flow line and floodplain of existing water courses within the subdivision or contiguous tracts.
8. The width of paving measured from back-to-back of curbs shall be shown for all streets. The width of drainage and other easements shall be shown.
9. The responsible entity for the operation and maintenance of any building, park. equipment, pools, plantings, common areas or other legal interests if it is proposed that they are to be shared by owners of the real property within the subdivision.
25-105 Sheet No. 3--Water and Sewerage Plan.
1. May be prepared from Sheet No. 1, but should also include topographical contours at the intervals specified for Sheet No. 2.
2. Existing sewers, water mains, gas mains, electric and telephone lines, culverts, or other underground structures or utilities within the tract and immediately adjacent thereto with pipe sizes, grades, and locations indicated.
In the event water mains and sewers are not on or adjacent to the tract, indicate the direction and distance to, and size of the nearest ones, showing invert elevation of sewers.
3. The size and location of all proposed water distribution mains including valves and fire hydrants.
4. The size and location of all proposed sewer mains including manholes. Preliminary grades for each main between manholes and the depth at each manhole shall be shown.
5. The size of water and sewer mains shall conform to Article 52 of this policy.
25-106 Protective covenants. A copy of all existing protective covenants regulating the use of land or the construction of improvements shall be submitted with the preliminary plan. A preliminary draft or outline of protective covenants may be attached, as proposed by the subdivider, to regulate land use in the subdivision and otherwise protect the proposed development.
Article 26. Processing of Preliminary Planning Information.
26-100 The Town Secretary shall collect the prescribed fee for the Town prior to checking the preliminary data as to its conformity with the Town master plan, major street plan, zoning district regulations and the completeness of the information.
26-101 Two (2) copies of the preliminary data shall be submitted to the Engineer for the Town, at least 15 days prior to the date on which formal application to the Planning and Zoning Commission is anticipated, and shall be checked for conformity with the standards and specifications contained or referred to herein.
26-102 The Engineer for the Town shall return the preliminary data to the Town Secretary with any suggestions as to modifications, additions or alterations of the proposed preliminary plan for streets, drainage, water, and sewer, the Town Secretary shall make these suggestions available to the Commission.
26-103 Within thirty (30) days after the date of the Commission meeting at which formal application is made, the Planning and Zoning Commission shall make its recommendation for approval or disapproval of the Preliminary plans. Failure to act within thirty (30) days shall be deemed approval of the Preliminary plan.
26-104 Approval of a Preliminary plan by the Planning and Zoning Commission shall be deemed an expression of approval of the layout submitted on the preliminary drawings as a guide to the installation of streets, water, sewer and other required improvements and utilities and to the preparation of the final plat. Approval of a preliminary drawing shall not constitute approval of the final plat.
26-105 The approval of the preliminary plat by the Town Council shall be effective for a period of one year after the approval date, unless reviewed by the Planning and Zoning Commission in the light of new or significant information, which would necessitate the revision of the preliminary plat. If a final plat for the subdivision, or a portion thereof, has not been submitted, or if a change in requirements has not occurred which would affect the preliminary plat, at the end of one year after approval, then the preliminary plat shall become null and void, unless the subdivider has requested and received an extension of time from the Planning and Zoning Commission.
26-106 No construction shall be commenced on the subdivision prior to approval of the final plat.
26-107 Short Form Plat. The Planning and Zoning Commission may waive any of the above requirements with respect to a small subdivision of no more than five lots, which does not involve dedication of additional street rights-of-way or where the cost of compliance appears disproportionate to any legitimate municipal interest.
PART V. FINAL PLAT AND CONSTRUCTION PLANS
Article 27. General.
27-100 No subdivision of land shall be permitted without proper submittal, approval and adoption of a final plat prepared by a Surveyor and approval of construction plans and specifications for improvements prepared by an Engineer in accordance with this Ordinance.
27-101 All final plats must first be preceded by properly prepared and approved preliminary plans.
Article 28. Application and Copies Required.
28-100 Twelve (12) blueline prints of the final plat, and three (3) sets of construction plans and specifications, and other required data, shall be submitted to the Town Secretary at least 20 consecutive calendar days prior to the meeting of the Planning and Zoning Commission at which such plat is to be considered. No plat will be considered by the Town until the prescribed filing fees have been paid.
28-101 If requested by the subdivider and approved by the Commission, a final plat may be only a portion (or phase) of the approved preliminary plan. Such a portion or phase shall conform to all the requirements of this Ordinance.
If final plats are submitted for approval by phase or section of the overall subdivision, each phase or section shall carry the name of the entire subdivision, but shall bear a distinguishing phase, number or subtitle. Block letters shall run consecutively throughout the entire subdivision, even though such subdivision might be finally approved in sections.
Article 29. Filing Fee, Tax Certificates, Impact Fees and Pro-Rata.
29-100 When the final plat is filed with the Town Secretary for consideration and approval, it shall be accompanied by a filing fee of $200.00 dollars plus $5.00 per residential lot or $30.00 per commercial lot. The payment of the final plat fee shall constitute formal request for final plat approval.
29-101 The final plat shall be accompanied by certificates from the Town, School District and County Tax Collectors showing that all Town, School District and County taxes on the land bang subdivided have been paid to the current year. All impact fees, assessments and applicable pro-rata charges will be paid to the Town Secretary prior to authorization to commence construction.
Article 30. Engineering and Inspection Fees.
30-100 A fee of five (5%) percent of the estimated construction costs for all public improvements (streets, drainage, water and sewerage) shall be assessed for review of engineering plans and inspection fees. These estimated construction costs shall be agreed to by the Town and Developer. This five (5%) percent fee shall be composed of a two (2%) percent engineering plan review fee and a three (3%) percent inspection fee. The engineering plan review fee shall be paid upon submittal of the engineering plans and specifications. The inspection fee shall be paid prior to authorization to proceed with construction.
The initial testing of materials or construction items (as required) is the responsibility and obligation of the developer's contractor. When additional tests of material or construction items are ordered by the Town beyond those designated in the technical specifications to be furnished by the contractor, the first of such additional tests will be paid for by the Town. Should that test indicate that the material or construction does not satisfy the minimum requirements of the Town, then the costs of all additional tests on the same or replaced or corrected material or construction shall be paid for by the subdivider. All tests shall be performed by an independent Engineer or laboratory approved by the Town.
30-101 No Subdivision will be approved for construction to begin until all fees have been paid to the Town. No building permits will be issued by the Town until all cost for additional tests have been paid to the Town.
Article 31. Form and Content of Final Plat.
31-100 The final plat shall conform the preliminary plan as conditionally approved by the Commission incorporating any and all changes, modifications, alterations, corrections and conditions imposed by the Commission, and Council.
31-101 The final plat shall be drawn in India or other permanent ink on quality reproducible sheets not larger than 36 inches and 22 or 24 inches high and a margin not less than one and one-half (1 1/2) inches on the left side of the sheet, and one-half (1/2) inch on other sides. The plat shall be drawn at a scale of not more than 100 feet to one inch. Where more than one sheet is necessary to accommodate the entire area, an index sheet showing the entire subdivision at appropriate scale shall be attached to the plat.
31-102 In addition to the various requirements for the Preliminary plat, the final plat shall also include the following:
1. The exact location, dimensions, name and description of all existing or recorded streets, alleys, reservations, easements, or other public rights-of-way within the subdivision, intersecting or contiguous with its boundary or forming such boundary, with accurate dimensions, bearings or deflection angles and radii and central angle, degree of curvature, tangent distance and length of all curves where appropriate.
2. The exact location, dimensions, description and name of all proposed streets, alleys, drainage, rights-of-way, parks, other public areas, reservations, easement or other rights-of-way, blocks, lots and other sites within the subdivision with accurate dimensions, bearing or deflecting angles and radii and central angles, degree of curvature, tangent distance and length of all curves where appropriate.
3. Owner's acknowledgment and dedications. (See sample attached.)
4. Surveyor's Certificate. (See sample attached.)
5. Certificate of Approval for execution by the Planning and Zoning Commission. (See sample attached.)
6. Certificate for the Town Council's endorsement. (See sample below.)
7. Deed restriction for the subdivision may be shown on the plat or on 8 1/2 x 11 inch paper attached as a supplement to the plat.
8. Names and addresses of all property owners within 200'.
SAMPLE OWNER'S ACKNOWLEDGMENT AND DEDICATION
STATE OF TEXAS §
§ OWNER'S ACKNOWLEDGMENT AND DEDICATION
COUNTY OF DENTON §
I (we), the undersigned, owner(s) of the land shown on this plat within the area described by metes and bounds as follows:
(Metes and Bounds Description of Boundary)
and designated herein as the subdivision to the Town of Ponder, Texas, and whose name is subscribed hereto, hereby dedicate to the use of the public forever all streets, alleys, parks, water courses, drains, easements, rights-of-way and public places thereon shown for the purpose and consideration therein expressed.

______________________________
OWNER

______________________________
DATE
STATE OF TEXAS §
§
COUNTY OF DENTON §
BEFORE ME, the undersigned authority, on this day personally appeared, ________________ known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and considerations therein stated.
Given under my hand and seal of office this ________ day of ________________ 19_________.

______________________________
NOTARY PUBLIC

______________________________
COUNTY

______________________________
COMMISSION EXPIRES
STATE OF TEXAS §
§ CERTIFICATE OF SURVEYOR
COUNTY OF DENTON §
I, the undersigned, a registered public land surveyor in the State of Texas, hereby certify that this plat is true and correct and was prepared from an actual survey of the property made under my supervision on the ground.
(Surveyor's Seal)
REGISTERED PUBLIC LAND SURVEYOR
_________
DATE
This plat has been submitted to and considered by the PLANNING AND ZONING COMMISSION of the Town of Ponder, Texas, and is hereby approved by such Commission.
Dated this ________ day of ________________, 19_________.

______________________________
CHAIRMAN
ATTEST:

______________________________
SECRETARY
THE TOWN COUNCIL OF
PONDER, TEXAS
ON
________________, 19_________,
VOTED AFFIRMATIVELY TO ADOPT
THIS PLAT AND APPROVE IT FOR
FILING OF RECORD.
BY: ________________
TOWN SECRETARY
STATEMENT OF ADOPTION BY COUNCIL
Article 32. Form and Content of Construction Plans and Calculations.
32-100 All improvements shall be designed in accordance with the specific "Design Provisions" detailed in this Ordinance.
32-101 Six (6) copies of complete plans, specifications, engineering calculations, and detailed cost estimates, for streets, drainage, sanitary sewers, water distribution, and any other improvements to be performed, are required for submission with the final filing plat. Before the final filing plat can be approved by the Town Council, and filed of record by the Town, the information must be submitted to the Town Secretary and approved by the Planning Commission and Town Council.
32-102 One set of approved plans shall be submitted on standard 22 or 24 inch by 36 inch mylar reproducible sheets, shall be the same size as the final plat, and shall include the major information required herein.
32-103 Paving Plans. A plan and profile of each street with top of curb grades, existing and proposed ground line shown. Each sheet shall include north point, scale, date, and bench mark description to sea level datum. Scales shall be 1 inch equal 40 or 50 feet horizontally and 1 inch equal 4, 5, or 10 feet vertically. The typical cross-section of proposed streets showing the width of roadways and type of pavement and location and width of sidewalk shall be shown. Each plan shall show the seal and signature of the registered professional civil engineer who prepared the plans.
32-104 Sanitary Sewer and Water Plans. A plan and profile of proposed sanitary sewers, with grades and pipe sizes indicated and showing locations of manholes, cleanouts, etc., and a plan of the proposed water distribution system showing pipe sizes and location of valves, fire hydrants, and fittings, etc., in conformance with the criteria as shown in the part of the Ordinance listed as "Design Provisions". Each plan shall show the seal and signature of the registered professional civil engineer who prepared the plans. Each sheet shall include north point, scale, date, and bench mark description to sea level datum.
32-105 Storm Drainage Plans.
1. A plan and profile of proposed storm sewers or channels, showing hydraulic data, pipe grades and sizes, manholes, inlets, pipe connections, outlet structures, etc., in conformance with the criteria as shown in the part of the Ordinance listed as "Design Provisions". Each plan shall show the seal and signature of the registered professional civil engineer who prepared the plans. Each sheet shall include north point, scale, date, and bench mark description to sea level datum.
2. A general location map of the subdivision showing the entire watershed (a U.S.G.S. quadrangle is satisfactory).
3. Calculations based on on-the-ground topographic survey showing the anticipated stormwater flow, including watershed area, percent runoff, and time of concentrations shall be submitted showing basis for design.
4. Detailed plans shall be submitted for any bridges, culverts, catch basins, any other drainage structures, or any other improvements to be made.
32-106 Other Utilities. The Subdivider must furnish a written statement to the Town designating that the subdivision will be served with gas or will be totally electric service. If a gas distribution system is to be installed, then all distribution mains and service lines shall be installed before street construction is complete.
32-107 Design Summary. A separate document or report entitled Engineering Design Summary shall be submitted with final plans and specifications and shall summarize calculations and such other engineering information pertaining to the major items of design significance as may be necessary in the Town's review of the plans and specifications to determine whether the facilities proposed for construction have been designed in accordance with the intent of the "Design Provisions" of this Ordinance.
Article 33. Form and Content of Contract and Specifications.
33-100 Standard Specifications for Public Works Construction. The Contract Specifications shall be the "Standard Specifications for Public Works Construction" of the North Central Texas Council of Governments. Latest Edition, as modified in the Special Provisions. Notice to Bidders. Bonds, and the Contract itself shall be on forms provided by the Town.
Article 34. Processing of Final Plat and Construction Plans.
34-100 Upon receipt of the final plat with construction plans and the required filing fees, the Town Secretary or his designated subordinate shall check the plat as to its conformity with the Town's Comprehensive Plan, Land Use Plan, zoning districts. No size requirements, subdivision and street names and other applicable Town standards.
34-101 The Town Secretary shall transmit two (2) copies of the final plat and construction plans to the Town Engineer who will check same for conformity with applicable engineering standards and specifications as forth herein, as well as with generally accepted engineering principles when not covered specifically herein. The Town Engineer shall return one set of plans to the Town Secretary with his suggestions as to modifications, additions, alterations, or other matters pertinent to the plat.
34-102 At the regularly scheduled Planning and Zoning Commission meeting, the Planning and Zoning Commission shall act on the plat. The Planning Commission shall make a recommendation for approval or disapproval of the final plat and plans. Failure to act within thirty (30) days shall be deemed approval of the final plat and plans.
Do not file final plat until approval of construction plans and specifications.
34-103 The recommendations of the Planning Commission shall be considered for final action at the next regularly scheduled meeting of the Town Council. The Town shall either approve or disapprove any such final plat and plans within thirty (30) days of approval or disapproval by the Commission.
34-104 If the final plat is disapproved, the Council shall, upon request of the subdivider, state in writing its reasons for disapproval of the final plat. Disapproval action taken by the Town Council shall be final, regardless of the previous approval action by the Planning and Zoning Commission. Approval action taken by the Town Council shall be final, regardless of the previous disapproval action taken by the Planning and Zoning Commission.
34-105 If the final plat is approved, the Town Secretary shall have the approval certificate on the plat executed by the Mayor and attested by the Town Secretary, contingent to the developer paying all inspection fees, impact fees, assessment charges and pro-rata charges.
34-106 After the final plat and plans have been approved by the Town Council, but before construction of water, sewer, street or drainage improvements are started, the Subdivider shall furnish the Town with six (6) sets of the completed detailed plans and specifications and one (1) set of mylar reproducibles.
34-107 Lot markers shall be iron pins not less than one half inch (1/2) in diameter and no less than eighteen inches (18") long and shall be set flush with the ground at each lot corner.
Block corners shall be set prior to construction of public facilities and all lot corners shall be set prior to the issuance of any building permits.
34-108 The final plat shall be recorded by the Town Secretary in the office of the County Clerk within ten (10) days from and after the date of final engineering plan approval and final acceptance by the Town Council.
34-109 Upon filing the plat in the County Records, the Town Secretary shall have two (2) photostatic copies made by the County Recording Clerk on standard 18 inch by 25 inch sheets showing the Volume and Page where filed. One (1) copy will be placed in the permanent plat record book at the Town Hall and the other will be furnished to the Town Engineer.
PART VI. REQUIREMENTS FOR CONSTRUCTION
Article 35. Inspection.
35-100 All construction, such as street grading, street paving, drainage structures, curb and gutter, storm sewers, sanitary sewers, and water mains shall be subject to inspection during the construction period by the proper authorities of the Town, and shall be constructed in accordance with the approved engineering plans and the Standard Specifications governing such work.
35-101 Upon completion of construction the Town Secretary may request the Engineer for the Town to make a final inspection of the work and to file a report of the results of such inspection.
35-102 Before work may begin, the Subdivider shall furnish the Town with an inspection fee equal to 3% of the total amount estimated for the project, as agreed to by Town and Developer, including all bonds.
Article 36. Construction Contract Requirements.
36-100 Payment Bond and Performance Bond: The Contractor will be required to make a payment bond and a performance bond of not less than one hundred percent (100%) of the contract price, conditioned upon the faithful performance of the contract and upon payment of all persons supplying the labor or furnishing the materials used on this project. Bond made out jointly to the Town of Ponder and the Owner/Developer.
36-101 Maintenance Bond: The contractor will be required to make a maintenance bond of not less than one hundred percent (100%) of the contract price conditioned upon the maintenance of and the repairs to the construction under this contact for a period of one (1) year from the date of acceptance of the project.
36-102 Financial Statement: A current certified financial statement may be required by the Town and/or Owner if required for use in determining the successful bidder. This statement, if required, is to be prepared by an independent certified public accountant or independent public accountant holding a valid permit issued by an appropriate State Licensing Agency.
36-103 State Sales Tax: This contract is for the improvement of streets, storm sewers, and utilities in right-of-way which has been dedicated to the Public and the Town of Ponder, an organization which qualifies for exemption pursuant to the provisions of Article 20.04(F) of the Texas Limited Sales, Excise and Use Tax Act.
The Contractor performing this contract can probably purchase, rent or lease all material, supplies, and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate complying with State Comptroller's ruling #95-0.07. Any such exemption certificate issued by the Contractor in lieu of the tax shall be subject to the provisions of the State Comptroller's ruling #95-0.09 as amended to be effective October 6, 1976.
36-104 Insurance: Prior to commencing the work, the Contractor shall furnish to the Town of Ponder and/or Owner proof of satisfactory carriage of insurance in accordance with the standard requirements of Contractors doing work of the nature herein proposed.
36-105 Indemnification: The Contractor agrees to fully indemnify and save whole and harmless, the Town and/or Owners of the units and lots abutting the units in this contract, from all costs or damages arising out of any real or asserted claim or cause of action against it of whatsoever kind of character and in addition from any and all costs or damages arising out of any wrongs, injuries, demands or suits for damages, either real or asserted, claimed against it that may be occasioned by any act, omission, neglect or misconduct of the said Contractor, his agents, servants, and employees. The Contractor further agrees to comply with all applicable laws, regulations, ordinances, buildings, and construction codes of the Town of Ponder and the State of Texas, and with any regulations for the protection of workers which may be promulgated by the government, and shall protect such work with all necessary lights, barriers, safeguards, and warnings as are provided for in said specifications and in the ordinances and regulations of said Town.
36-106 Town Funds: Projects funded in part by the town will require a formal Advertisement of Bids in accordance with the laws of the State of Texas. Bid Advertisement in two (2) local newspapers with publication and circulation weekly shall be required three (3) weeks prior to bid opening. Documentation of Published Advertisement by a certified publisher's statement, listing the dates published with an attached copy of the published Advertisement will be required prior to bid opening. Documentation of Bid Advertisement shall be delivered to the Town Secretary five (5) days prior to bid opening. Notice of Bid Advertisement shall also be posted within Town Hall three (3) prior to bid opening. Has to exceed minimum required by State Law.
All bids will be opened at Town Hall at the designed time of 10:00 a.m.. Monday through Friday, in the presence of the Town Secretary.
36-107 Contract Forms: Bid Form and Contractual Provisions may be obtained by contacting the Town Secretary for the Town of Ponder at Town Hall.
Article 37. Bonds.
37-100 Maintenance Bond: All contractors employed by the subdivider shall furnish the Town a good and sufficient maintenance bond, in an amount equal to one hundred (100%) percent of the costs of the improvements required, executed by a reputable and solvent corporate surety, holding a license to do business in the State of Texas, in favor of the Town to indemnify the Town against any repairs which may become necessary to any part of the construction work performed in connection with the subdivision, arising from defective workmanship or materials used therein, for a full period of one (1) year from the date of final acceptance of the entire project. Final acceptance will be withheld until said maintenance bond is furnished to the Town. Such bond to be approved as to form and legality by the Town Attorney.
37-101 Performance Bonds: Performance bonds, certificates of deposit, less of credit or cash deposits are required for streets, storm drains, sewer systems and water systems and must be submitted prior to execution of the issuance of building, water, paving, drainage or sewer permits. The bonds should be standard performance bonds as provided by a licensed surety company on forms provided by that surety company, a cash deposit may be made in the Treasury of the Town of Ponder; or a certificate of deposit or letter of credit may be from any financial institution in Denton County which is insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation. The Town of Ponder cannot pay interest on any deposit made hereunder in the Treasury of the Town of Ponder. When the option is exercised to provide a certificate of deposit in a financial institution, the following terms and conditions shall apply:
A. The developer shall execute four copies of a letter assigning the deposit to the Town of Ponder and providing for the Town to withdraw the deposit, if necessary to complete construction. Such letter of assignment must be accepted in writing by the financial institution.
B. Upon satisfactory completion of the facilities for which the deposit is made as security, the Town of Ponder shall reassign the deposit to the developer, including accrued interest or dividends thereon, upon express order of the Town Secretary.
When the option is exercised to provide a letter of credit from a financial institution, the form of the letter shall be approved by the Town Attorney. Also, the international letter of credit form used by banks is normally acceptable.
Bonds, Letters of Credit or Deposits will be furnished for one hundred percent of the estimated developer's share of the cost of the storm drains. streets. water facilities, lined channels and sanitary sewer.
Article 38. Acceptance by Town.
38-100 Acceptance by the Town shall be in the form of a letter from the Town Secretary or other authorized Town Official to the Subdivider stating that inspections were conducted as the facilities were completed in accordance with specifications and standards as provided for herein or approved by the Town Council at the time the final plat was approved for said subdivision. The developer shall instruct his engineer to prepare one set of reproducible prints (mylars) marked "As-Built" and dated the final date of acceptance. The construction plans shall note as-built conditions and shall be accompanied by a letter under the seal of the developer's registered professional engineer that the drawings are an accurate record of constructed items built in place.
Article 39. Issuance of Building Permits.
39-100 No building permit, water, sewer, plumbing or electrical permit or service shall be issued or allowed to a subdivider, owner, or any other person with respect to any property in any subdivision covered by this Ordinance until such time as all of the applicable requirements of the Ordinance have been satisfactorily completed and the construction accepted by the Town.
(Ord. No. 164, 1-3-1994)
Public Works Installation Guide to Construction Detail
WATER SYSTEM
Material
Pipe
6" to 12"--AWWA approved DR-18, C-900
14" to 20"--AWWA approved DR-18, C-905
Gate Valves
M&H, AVVK, and Meuller are approved for use
Gate valves must have a resilient seat with a fully encapsulated wedge
Fire Hydrants
Meuller, AVK, M&H are approved for use
Flush-outs
2" resilient seat valve with a fully encapsulated wedge
2" class 200 polyethylene ASTM D-2737 Tubing
Compression for male iron pipe thread Ford # C84-77G
Services
All services to be one inch (1") in diameter
Do not use glue
Nylon coated stainless steel service saddle
Romac #101 N-0962x1" CC for 8"
Romac #1 01 N-750x1" CC for 6"
JCM 405
One inch (1") corporation stops compression
Ford #F-1100G
One inch (1") class 200 polyethylene ASTM D-2737 Tubing
1" U-Branch for double service Ford #U4843G
Three quarter inch (3/4") locking curb stop
Ford #KV43-342W for single service
Ford #KV13-332W for double service
Inserts for tubing required (stiffeners)
Air Release Valves
See details
Meter Boxes
Single water meter
101/2" x 171/4" concrete box with a 6" cat iron meter reading lid or plastic
Double water meter
151/2" x 171/2" concrete box with a 91/2" cast iron meter reading lid or plastic
Joint Thrust Retainers
Mega-Lug or equivalent as required
Support for values and hydrants--concrete
Installation
Pipe. The installation of water pipe shall be on six inches (6") of sand. Pipe and service lines shall be covered with twelve inches (12") of sand and backfilled with approved native material compacted to ninety-five percent (95%) proctor density. No jetting or flooding is allowed. The minimum cover for water pipe is thirty-six inches (36').
Gate Valves. Gate valves fourteen inches (14") and smaller shall be supported on 1' x 1' x 6" concrete pad and wrapped in polywrap. Stem extensions shall be provided when the depth to the top of the operating nut equals or exceeds three feet (3'). An adjustable cast iron value box and cover shall be provided for all buried valves. The valve box cover shall be a Bass & Hayes #340-1 or approved equal. A 2' x 2' x 6", 3,000 psi, 5 sack concrete pad shall be installed around the valve cover. Secrete is not allowed.
Fire Hydrants. The fire hydrant shall set truly vertical and be securely braced and thrust blocked with concrete or Meg-lug System. The hydrant shall be set on block of concrete at least 1' x 1' x 6", placed on compacted or undisturbed soil and surrounded by a minimum of seven (7) cubic feet of clean gravel or stone to permit fee draining of the hydrant. Fire hydrant leads greater than two (2') require joint thrust retainers. All fire hydrants shall have Hydra-Storz connections on the pumper nozzle and be painted with Flynt Aluminum Paint (1-800-47 FLYNT for dealer information) or approved equal. Use only a fire hydrant wrench to turn the top nut. For water used during construction, use only Town of Ponder fire hydrant meters available at public works department.
Services. All water services shall be one inch (1"). Use a nylon coated ductile iron tapping saddle with a single band stainless steel strap and a one inch (1") flared corporation stop. Service pipe shall be 1" tubing and shall be a minimum of twenty-four (24") below subgrade under the pavement. Backfill with sand and compact in six inch (6") lifts to ninety-five percent (95%) proctor density. No jetting or flooding is allowed. For single services, the curb stop shall be one inch (1") x three-quarter inch (3/4") with a three-quarter inch (3/4") outlet on the meter side. For double services, use a one inch (1") ninety (90) degree angled curb stop with a flared U-branch and two (2) three-quarter inch (3/4") curb stops. No splices will be permitted in new construction. No compression fittings allowed. Do not use pipe dope or glue.
Meter Boxes. Meter boxes shall be installed two to three feet (2' to 3") behind the curb and flush to the finished grade. Curb stops shall fit within the provided cutouts or eight inches (8") below the top of the meter box.
Testing. Compaction tests must be passed prior to loading the water pipe. The water pipe will be tested to 150 psi for four (4) hours with zero (0) loss or 200 psi for two (2) hours with zero (0) loss at the discretion of the construction inspector. Poly-pig prior to loading (see N.C.T.C.O.G. Standard Specifications for Public Works Construction Item 6.7.3) at option of the director, public works.
The contractor shall be responsible for having all services, flush-outs, valves, etc. on the project ready for flushing procedures. Flush point valves will need to be open and flow control devices (hoses, diffusers, etc.) in place prior to contacting the city for loading or flushing the system. Water samples will be taken by the Town of Ponder Public Works Department personnel only. Bacteria samples will be taken on Mondays unless inclement weather prohibits: then samples will be taken as weather permits. Repeat samples will be taken as needed. No samples will be taken on Friday or on weekends. All sample points must extend a minimum of two feet (2') above grade and must be secured in place. The area should be graded as needed to drain water away from the sample area. Once the bacteria samples have been taken, the contractor is not permitted to operate any valves on the project. The contractor at no time shall operate any valves between the town water system and the new construction.
SANITARY SEWER SYSTEM
MATERIAL
Pipe
SDR-35 PVC or approval of the Town of Ponder. No pipe shall be less than 8" unless approved on the construction plans.
Manholes
Drop manholes are not allowed unless approved on the construction plans. No steps. Bass & Hayes # 300-24, 3001b ring and cover with a 1/2"--5/8" diameter pick bar or approved equal. Pick holes are not allowed.
Manhole Inserts
Manhole inserts are to be manufactured with high-density polyethylene meeting ASTM D 1248, class A Category 5. Sufficient depth shall be allowed for the manhole cover to fit inside the manhole ring. An envelope style gasket, ribbed on one side to insure a positive seal and designed no to separate from the insert suring installation and removal shall be furnished. Inserts should provide a gas release hole (1/8U) having a water leakage rate not to exceed 1/2 gph. Two (2) one inch (1") wide nylon handles fastened to the inside of the insert body with two high grade stainless steel rivets with washers shall be provided. The handle shall not interfere with the manhole lid or ring and be able to withstand a pull force of 500 lbs.
Services
4" SDR-35 PVC (typical)
WYE connections on the main line
TEE connection are not allowed
Clean-outs
6" PVC
Special 27 degree 'WYE'
Internal mechanical gripper plug
Cast Iron Boot
Installation
Installation
Pipe. The installation of sanitary sewer pipe shall be on six inches (6") of one-quarter inch to one-half inch (1/4" to 1/2") gravel or chat to the spring line. The pipe shall be covered with a minimum of twelve inches of (12") of screened sand. The pipe and services shall be backfilled with approved native trench material (no rocks over 3" in diameter). Compaction shall be to ninety-five percent (95%) proctor density. No jetting or flooding will be allowed. The minimum cover shall be thirty-six inches (36").
For water line crossings, center one C-900 length (20') pipe at the crossing using PVC transition adapter with stainless steel straps wrapped in polyethylene and encased in sacrete.
Manholes. The floor of the manhole must have inverted drain line and the floor must be sloped to drain properly yet safe for a person to stand on. All debris must be removed. The inside walls shall be grouted smooth using a nonshrinking grout. The top of the manhole shall be flush with the curb elevation and grouted smooth to the top of the rim. The manhole throat may not exceed eighteen inches (18"). The ring shall be doweled into the manhole cone.
Services. Service larger than four inches (4") require a manhole at the connection to the main line. Four inch (4") services shall be extended a minimum of two (2) or more feet beyond the property line where applicable. Use a Y connection at the main line. No TEE connections allowed. All connections to be made at the two o'clock or the ten o'clock position. Deep sewers are defined as services greater than seven feet (7") deep and must have a minimum of six inches (6") of concrete (5 sacks of cement, 3,000 psi, 5" slump) surrounding the connection to the main line. Plug the service end with plastic stopper. Tie one end of a plastic ribbon to the stopper and one end to a 2" x 4" reference stake/ Expose the reference stake a minimum of two feet (2') above grade. Paint the reference stake red.
Clean-outs. Use a twenty-seven (27) degree 'WYE' connection for the clean-out stack. The 'WYE' connection is to be encased in concrete. The clean-out stack shall have an approved granular material embedment. A 2' x 2' x 6" concrete pad with #3 reinforcement bars six inches (6") on each side shall be provided at the plug end. The concrete pad shall be pureed two inches (2") below natural grade on streets with bar-ditches. For streets with curb and gutter, the concrete pad shall be pureed flush with the clean-out cover and the curb. Use a five (5) sack or 3,000 psi concrete mix.
Testing. Compaction tests must be passed prior to the pressure test. The sanitary sewer pipe shall be pressure tested and deflection tested according to the N.C.T.C.O.G. Standards and Specifications for Public Works Construction for sewer lines Section 6.7.2. The sections to be tested must be flushed and cleaned prior to conducting the test.
A survey may be required at the town's discretion to verify manhole flow line grades.
The contractor is also responsible for the TV inspection of the sanitary sewer line under the supervision of the construction inspector. It is recommended that the TV inspection be conducted and reviewed prior to the installation of the pavement. The contractor shall supply the town with VHS videotape of the TV inspection that will become the property of the town. Re-televising failures is at the contractor's expense. Camera must be a pan and tilt type camera so that services can be inspected. Also water must be ran into the sewer line prior to televising to ensure positive flow.
The contractor is responsible for payment of all testing and re-testing.
DRAINAGE SYSTEM
Material
Pipe
Reinforced concrete pipe Class III ASTM C-76
18" minimum diameter
Inlets
In-line inlets to be used on residential streets only
Recessed-depressed inlets to be used on all other streets

Manhole lids shall be bolted and chained to the inlet box using two feet (2') of 3/8" stock chain and 3/8" carriage bolts
Manhole lids shall be TVI&S #679 with 1/2" to 5/8" diameter pick bar or approved equal 4,200 psi concrete mix
Junction Boxes
4' x 4' minimum dimension
2' x 2' minimum apron dimension
300 lb. ring and cover when the junction box is within the pavement
Manhole lids shall be bolted and chained to the inner box using two feet (2') of 3/8" stock chain and 3/8" carriage bolts 4,2000 psi concrete mix
Rip-rap
Stone shall be suitably durable to insure permanence in the structure

Sieve Size (square mesh) Percent Passing (by weight)
18 inch 100
12 inch 75
8 inch 55--65
6 inch 40--50
4 inch 20--30
1 inch 0--5

Installation
Pipe. The installation of storm drainage pipe shall be on six inches (6") of one-quarter inch (1/4") to one inch (1") diameter gravel and the gravel shall extend to the spring line. The pipe shall be backfilled with approved native material and compacted to ninety-five (95%) proctor density. No jetting or flooding is allowed.
Rip-rap. The fountain shall be trimmed and dressed to conform to the appropriate cross section. Where required, crushed stone (flexible base) shall be compacted to ninety percent (90%) proctor density in a six inch (6") uniform thickness. The stone rip-rap shall be placed on the prepared base in such a manner as to produce the minimum practicable percentage of voids. Rip-rap shall be placed to its full course thickness in one operation and in such a manner as to avoid displacing the base material. The finished rip-rap shall be free from objectionable pockets of small stones and clusters of large stones.
Concrete Collars. Use eight inch (8") thick five (5) sack or 3,000 psi concrete completely surrounding pipe with #3 rebar.
Testing. The town may perform a TV inspection of the storm drainage system prior to final acceptance or during maintenance bond period.
MISCELLANEOUS
Other Utilities
All underground electrical conduit, all gas lines, telephone lines or cable television lines (mains and service lines) that are installed in the right-of-way, easements, alleys or under sidewalks shall be installed on six inches (6") of sand covered with six inches (6") of sand. All ditch lines shall be backfilled with approval native material (no rocks over 3" in diameter) and compacted to ninety-five percent (95%) proctor density. Shooting missiles inner sidewalks or streets is not allowed. Private utilities shall be installed prior to the installation of the streets.
Pre-construction Meeting
Before construction begins on any project, the developer, engineer, contractor, sub-contractors and other interested parties shall attend a pre-construction meeting at the Town of Ponder Public Works Office. The pre-construction meeting is for introduction, last minute amendments to the conduction plans, discussing problems and reviewing procedures.
Final Acceptance of the Water, Sanitary Sewer, Drainage and Paving
The Town of Ponder will conduct a walk-through of the completed facilities. Comments from the walk-through must be addressed prior to final acceptance. The following items must be addressed prior to final acceptance:
1. Contractor(s) must be present at walk-through and prepared to operate valves and open manhole lids, inlet lids, meter lids, value covers and clean-out covers.
2. Lot grading must be complete and in accordance with the approved construction plans.
3. All tests must be completed and passed.
4. Erosion prevention devices installed and functioning.
5. Over-time, testing failures and water usage invoices must be paid.
6. An affidavit that have been paid must signed and submitted.
7. Record drawing must be submitted (one set of mylars and two sets of blueline prints, AutoCAD DWG or DXF drawings of the plat, water and sanitary sewer layouts)
8. Regulatory and street name signs must be installed.
9. The maintenance bond must be submitted.
General
Street shall not be closed for construction during weekends and holidays.
After hours inspection. Forty-eight (48) hour notice and approval by the town engineer or town inspector is required or any work by the town staff.
Weekdays: After 4:30 PM--$30.00 per hour with a two (2) hour minimum.
Saturdays: $30.00 per hour with a four- (4) hour minimum.
(Ord. No. 257, 9-30-1999)
PART VII. REQUIREMENTS FOR REPLATTING
Article 40. Ownership.
40-100 In order to replat a tract of land for which a final plat is filed of record in the Records of Denton County, the tract must be either (a) fully owned by the person desiring to replat, or (b) the person desiring the replat must furnish the Town with written acknowledgment and consent by all other property owners.
Article 41. Procedures.
41-100 The procedure for replatting (re-subdividing) shall be the same as for subdividing as stipulated by this Ordinance. In addition, all utility companies which furnish the Town with water, gas, electric, telephone and television cable service, must acknowledge to the Town, in writing, that they have knowledge of the replat and whether they have objection thereto.
41-101 Such written acknowledgment must be in the hands of the Town Secretary prior to the submission of the final plat to the Town Council for approval.
(Ord. No. 164, 1-3-1994)
41-102 Lots in Old Town Ponder may be replatted using the short form method if the meet one or more of the following criteria:
1. Are inaccessible by streets as platted.
2. Property is to be combined from two (2) lots to form a larger homestead lot.
Replatting under the above criteria is fee exempt.
(Ord. No. 245, 8-19-1999)
PART VIII. DESIGN PROVISIONS
Article 42. General.
42-100 This part of the Subdivision Ordinance is primarily intended for the use of the Subdivider's Engineer to enable him to design required community facilities which will be acceptable to the Town, where may be special circumstances which would dictate requirements in excess of those outlined; however, in most cases, these exceptions will be apparent to the Subdivider's Engineer while preparing the plans for the subdivision.
Construction Details: Detail Drawing shall establish the standards adopted by this Ordinance and made a part hereof. Construction Details for the Town of Ponder dated and all revisions from that date shall become an integral part of all construction plans.
42-101 Where specific topographic or other conditions make variance from these standards necessary in order to achieve the best overall design, these standards may be modified by the Council, upon recommendation from the Planning Commission.
42-102 There is hereby adopted by reference and made a part of these regulations design standards and specifications which shall be controlling in design, construction and installation of street paving, curbs and gutters, sidewalks, utilities and other public improvements required herein. all references to Town Design Standards and Specifications shall mean and include those standards and specifications, together with all exhibits, charts, drawings and diagrams appointing thereto, which have been approved by the officials having jurisdiction and placed on file in the offices of said officials. Among these standards are the "Standard Specifications for Public Works Construction", North Central Texas Council of Governments, Latest Edition.
Article 43. Streets and Alleys.
43-100 General Requirements:
1. The arrangement, character, extent, width, grade and location of all proposed streets shall be related to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served such streets. Streets shall be extended to the subdivision property lines to provide for future street extensions when appropriate in conformance with an approved preliminary plat and plans.
2. All streets should be designed to be in line with existing streets in adjoining subdivisions.
When conditions permit, centerline offsets should be at least one hundred thirty-five (135) feet. Greater centerline offsets as may be required by the Town Engineer shall be planned where necessary for traffic safety.
3. Streets shall be named to provide continuity with existing streets.
4. Streets designated to be dead-ended permanently shall be platted and constructed with a paved cul-de-sac. Any dead-end street of a temporary nature, if longer than two hundred (200) feet, shall have a surfaced turning area eighty (80) feet in diameter for a cul-de-sac. Temporary dead-end street shall have provisions for future extension of the street and utilities, and if the temporary cul-de-sac is utilized, a reversionary right to the land abutting the turn-around for excess right-of-way shall be provided.
5. A street ending permanently in a cul-de-sac should not be longer than six hundred (600) feet and shall be provided at the dosed end with a turnaround having an outside roadway diameter of at least eighty (80) feet. and a street property line diameter of at least one hundred (100) feet. On extra wide lots, cul-de-sacs may be longer.
6. Streets should be platted to allow two tiers of lots between streets when possible.
7. The reservation in private ownership of strips of land at the end of proposed or existing streets and intended solely or primarily for the purpose of controlling access to property not included in the subdivision shall be prohibited.
8. Half streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations, and where the Commission finds it will be practicable to require the dedication of the other half when the adjoining land is subdivided. The other half of the street shall be platted within the adjacent tract at the time it is platted.
43-101 Street Class Requirements:
1. Street layout shall provide for continuation of collector streets in areas between arterials.
2. Those local street designated by the Commission shall be extended to the tract boundary to provide future connection with adjoining unplatted lands. In general, the extensions should be at such intervals necessary to facilitate internal vehicular circulation with adjoining unplatted lands.
3. Where single-family or duplex uses abut an existing or proposed arterial street, the plat or dedication instrument will provide:
Lots to side onto the arterial with a non-access restriction on the arterial side, or
Reverse frontage with screening and containing a non-access restriction along the rear property line, or
Other treatment as may be necessary or required for adequate protection of adjoining properties, and as approved by the Commission after taking into consideration the proposed method of off-street parking and maneuvering which will prevent the necessity of backing into the arterial street.
43-102 Street Classifications:
A. Definitions.

Street Classification Functions--Uses
Local Street Distributes traffic to and from residences. Short in length, non-continuous to discourage through-traffic. Low-density residential/single-family.
Minor Collector Carries traffic from local streets to arterials. Also may serve local facilities such as schools, churches. Uses served would include medium and high density residential, limited commercial facilities, elementary schools, some small offices, and direct access within industrial parks.
Major Collector Carries heavy traffic to major commercial and industrial facilities from arterials. Uses would include office park, industrial parks, and community level commercial facilities.
Arterial
(Major Thoroughfare) Major traffic carriers. Receives traffic from collectors and distributes to major activity centers. Also feeds through-traffic to freeways. Uses would include high schools, universities, other major educational facilities, concentrations of high-density residential, regional commercial facilities, other concentrated commercial facilities, industrial complexes, and major public facilities such as airports.

43-103 Street Design:
A. General Provisions.
1. All dedicated streets should conform to the following:
GENERAL DESIGN CRITERIA

Street Classification Minimum
Right-of-Way
Width Minimum
Right-of-Way
(Face to Face) Parkway Width
Local Street 50' 28' 11'
Minor Collector 60' 36' 12'
Major Collector 68' 48' 10'
Arterial (Major Thoroughfare) 120' Two@36' 10'

2. All dedicated streets should conform to the following Technical Design Criteria.
3. TABLE I

Street
Classification Minimum
Design
Speed
(MPH) Maximum
Percent Grade Minimum
Percent Grade Area free from stormwater, using a five-year frequency storm
Local Street -- 10 0.4 N.A.
Minor
Collector 30 8 0.4 N.A.
Major
Collector 40 8 0.4 One lane (normally the center 12')
Arterial 45 6 0.4 One lane each direction

4. Horizontal Curves
Where streets classified as Local are platted with curves, the degree of curvature should, as much as is practical, be consistent with the criteria for horizontal curves and minimum stopping sight distance for the design speed, in accordance with good engineering practice.
When streets classified as Minor Collector, Major Collector, or Arterial are platted with curves, the degree of curvature shall be such that the street, when constructed, will meet the requirements for horizontal curves and minimums topping sight distance, etc., for the design speed, in accordance with good engineering practice.
5. No street intersecting an arterial street should vary from a 90° angle of intersection by more than 5°. Intersections of Minor Collector and Major Collector, and Local should not vary from 90° by more than 15°.
6. Where in his judgment the appropriate use of the neighboring property will not be substantially injured, the Town Council, after consultation with the Town Engineer, may in specific cases, and subject to appropriate conditions and safeguards, authorize special exceptions to the Technical Design Criteria items in order to permit reasonable development and improvement of property where literal enforcement of these values would result in an unnecessary hardship.
7. Pavement Types:
a. For Local Streets serving primarily residential areas, the developer shall construct either 6" of hot-mix asphaltic concrete on a 6" line stabilized subgrade or 5" reinforced concrete. The developer's engineer shall provide soil tests to determine by recommendation of a reputable soil testing laboratory, if lime stabilization of the subgrade is needed in conjunction with 5" of reinforced concrete pavement. The recommendations shall address the percentage (%) of lime to be applied.
b. For collector streets, and arterial streets and streets serving primarily commercial and industrial areas, the developer shall construct either 9" of hot mix asphaltic concrete on a 6" lime stabilized subgrade or 7" of reinforced concrete.
The developer's engineer shall provide soil tests to determine by recommendation of a reputable soil testing laboratory, if lime stabilization of the subgrade is needed in conjunction with 7" of reinforced concrete pavement. The recommendations shall address the percentage (%) of lime to be applied.
c. Consideration may be given to permitting a different subgrade and pavement thickness from the foregoing provided that the developer's engineer provides soils tests and design calculations based on the Texas Triaxial Method and all such soils tests and calculations are approved by the Town Engineer.
d. All materials furnished for the paving of greets and all construction methods shall fully conform to the appropriate sections of the Town Standard Specifications for Street and Drainage Construction.
e. Curb and Gutter shall be constructed as detailed and specified in the Standard Specifications for Construction. (6" vertical or alternate as approved by Town Engineer)
(Ord. No. 164, 1-3-1994)
f. In those subdivisions requiring by covenant a minimum lot size of 1.5 acres, minimum lot frontage width of 150 feet, a 100 foot building line, and minimum residential size of 2,000 square feet, roadways shall be constructed with:
Roadway Section No. 1
Where test results from an independent laboratory indicate that the subgrade material has a plasticity index (PI) of 14 or less, the following roadway section could be constructed:
Subgrade: The subgrade shall extend two (2) feet beyond the limits of the base course and be compacted to a density of 95% standard proctor at optimum moisture content.
Base Course: Unless approved otherwise by the Town or Town Engineer, the base course shall extend two (2) to four (4) feet beyond the edge of pavement on each side and shall be constructed of Type A, Grade 1, flexible base material. The depth of the base course shall be nine (9) inches when compacted to a minimum of 95% of TEX 113-E test a moisture content at least two points wet of optimum content.
Surface Course: The surface course shall be minimum width of twenty (20) feet and shall be constructed of a minimum of two (2) inches of Type D hot-mix asphaltic concrete pavement (HMAC).
Roadway Section No. 2
Where test results from an independent laboratory indicate that the subgrade material has a plasticity index (PI) of 15 or more, the following roadway section could be constructed:
Subgrade: The Subgrade shall extend to a point two (2) feet beyond the limits of the base course and be lime stabilized with Type A hydrated lime in the amount of 6% by unit dry weight of the subgrade (approximate application rate of 27 lbs. of lime per square yard of subgrade) to a depth of six (6) inches.
Base Course: Unless approved otherwise by the Town or the Town Engineer, the base course shall extend two (2) to four (4) feet beyond the edge of pavement on each side and shall be constructed of Type A, Grade 1 flexible base material. The depth of the base course shall be nine (9) inches when compacted to a minimum of 95% of TEX 113-E test method at a moisture content at least two points wet of optimum moisture content.
Surface Course. The surface course shall be a minimum width of twenty (20) feet and shall be constructed of two (2) inches of Type D hot-mix asphaltic concrete pavement (HMAC).
RIGHT-OF-WAY
The minimum right-of-way shall be sixty (60) feet. Additional right-of-way, roadway easement, drainage and/or utility easements may also be required if deemed necessary for the proper development of the subdivision.
DRAINAGE:
Roadway drainage ditches parallel with the road shall be designed to convey the appropriate design storm and one-foot of freeboard. Drainage structure crossing the roadway shall be designed to convey a minimum 25-year frequency storm with one-foot of freeboard. Ditch side slopes shall be no steeper than 4:1 (horizontal/vertical).
(Ord. No. 217, 5-6-1999)
43-104 Alleys: No public alleys shall be accepted by the Town of Ponder.
43-105 Sidewalks: No sidewalks shall be required by the Town of Ponder.
Article 44. Easements.
44-100 General: Easements shall be provided on subdivision plats when the following criteria indicate that an easement is required.
1. Where not adjacent to a public way, easements at least 15 feet wide for utility construction, service, and maintenance shall be provided where necessary in locations approved by the Town Plan Commission.
Easements of at least seven and one-half (71/2) feet in width shall be provided on each side of all rear lot lines and along side lot lines, where necessary, for utilities such as electric, telephone, street lights and gas. Easements having greater width dimensions may also be required along or across lots where engineering design or special conditions make it necessary for the installation of utilities outside public rights-of-way.
2. The following full statement of restrictions shall be placed in the dedication instrument:
44-101 Utility Easements:
1. Any public utility, including the Town of Ponder, shall have the right to move and keep moved all or part of any building, fences, trees, shrubs, other growths or improvements which in any way endanger or interfere with the construction, maintenance, or efficiency of its respective systems on any of the easements shown on the plat; and any public utility, including the Town of Ponder, shall have the right at all times of ingress and egress to and from and upon said easements for the purpose of construction, reconstruction, inspection, patrolling, maintaining and adding to or removing all or part of its respective systems without the necessity at any time of procuring the permission of anyone.
2. Emergency access and fire lane easements shall be provided in locations required by the Chief of the Ponder Volunteer Fire Department; There easements shall have a minimum width of twenty (20) feet and a minimum height clearance of fourteen (14) feet. Any emergency access and fire lane easement more than one hundred (100) feet in length shall either connect at each end to a dedicated public street or be provided with a cul-de-sac having a minimum diameter of eighty (80) feet with an additional distance of ten (10) feet on all sides clear of permanent structures. These easements shall be paved to Design Standards and Specifications recommended by the Town Engineer.
3. A 20' x 20' triangular public "open space" easement is required on corner lots at the intersection of two streets. The following full statement of restrictions shall be placed in the dedication instrument or on the face of the plat:
44-102 Public Open Space Restriction:
1. No structure, object, or plant of any type may obstruct vision from a height of twenty-four (24) inches to a height of eleven (11) feet above the top of the curb, including, but not limited to buildings, fences, walks, signs, trees, shrubs, cars, trucks, etc., in the public open space easement as shown on this plat. These open space easements will remain in effect until vacated by ordinance adopted by the Town Council of Ponder and the property replatted.
2. The preceding Public Open Space Restrictions may be altered to permit, on commercially zoned lots, the placement within the easement area of:
3. One single pole sign with said pole not to exceed twelve (12) inches in diameter and with every portion of said sign allowing a minimum height clearance between it and the ground of eleven (11) feet.
44-103 Drainage Easements: Easements for storm drainage facilities shall be provided at locations containing proposed or existing drainageways.
A. Storm drainage easements of fifteen (15) feet minimum width shall be provided for existing and proposed enclosed drainage systems. Easements shall be centered on the systems. Larger easements, where necessary, shall be provided as directed by the Town Engineer.
B. Storm drainage easements along proposed or existing open channels shall provide sufficient width for the required channel and an additional fifteen (15) feet width as may be required to provide ingress ant egress of maintenance equipment; to provide clearance from fences and space for utility poles; to allow maintenance of the channel bank; and to provide adequate slopes necessary along the bank.
C. Storm drainage easements shall be provided for emergency overflow drainageways of sufficient width to contain within the easement stormwater resulting from a 100-year frequency storm less the amount of stormwater carried in an enclosed system of a capacity required by the Town of Ponder. The width of the easements described in Items A through C above shall be substantiated by a drainage study and drainage calculations or other criteria submitted to and approved by the Town Engineer.
44-104 Floodplain Easements: Floodplain easements shall be provided along natural drainageways and lakes or reservoirs. Floodplain easements shall encompass all areas beneath the water surface elevation resulting from a storm whose design frequency is 100 years, plus such additional width as may be required to provide ingress and egress to allow maintenance of the banks and for the protection of adjacent property, as determined and required by the Town Engineer.
The following full statement of restrictions shall be placed in the dedication instrument of the subdivision plat:
Floodplain Restriction
No construction, without the written approval of the Town of Ponder shall be allowed within a floodplain easement, and then only after detailed engineering plans and studies show that no flooding will result, that no obstruction to the natural flow of water will result; and subject to all owners of the property affected by such construction becoming a party to the request. These engineering studies shall be done in compliance with FEMA (Federal Emergency Management Agency) guidelines which address acceptable studies, methods and limits of work done inside the 100-year floodplain. Where construction is permitted, all finished floor elevations shall be a minimum of one (1) foot above the 100-year flood elevation.
The existing creeks, lakes, reservoirs, or drainage channel traversing along or across portions of this addition, will remain as an open channel at all times and will be maintained by the individual owners of the lot or lots that are traversed by or adjacent to the drainage courses along or across said lots. The Town of Ponder will not be responsible for the maintenance and operation of said drainageways or for the control of erosion. Each property owner shall keep the natural drainage channels traversing adjacent to his property clean and free of debris, silt, or any substance which would result in unsanitary conditions and the Town shall have the right of ingress and egress for the purpose of inspection and supervision of maintenance work by the property owner to alleviate any undesirable conditions which may occur. The natural drainage channel, as in the case of all natural drainage channels, are subject to stormwater overflow and natural bank erosion to an extent that cannot be definitely defined. The Town of Ponder shall not be liable for damages of any nature resulting from the occurrence of these natural phenomena, nor resulting from a failure of any structure(s) within the natural drainage channels. The natural drainage channel crossing each lot is shown by the floodplain easement line as shown on the plat.
Article 45. Blocks.
45-100 The length of a block shall be considered to be the distance from property corner to property corner measured along the property line of the block face:
1. Of greatest dimension, or
2. On which the greatest number of lots face.
The width of a block shall be considered to be the distance from property corner to property corner measured along the property line of the block face:
3. Of least dimension, or
4. On which the fewest number of lots face.
The length, width and shapes of blocks shall be determined with due regard to:
a. Provision of adequate building sites suitable to the special needs of the type of use contemplated;
b. Zoning requirements as to lot sizes and dimensions;
c. Needs for convenient access, circulation, control and safety of street traffic.
45-101 In general, intersecting streets should be provided at such intervals as to serve traffic adequately and to meet existing streets or customary subdivision practices. Where no existing subdivision controls, the block lengths should not exceed one thousand three hundred twenty (1,320) feet. Where no existing subdivision controls, the blocks should not be less than five hundred (500) feet in length; however, in cases where physical barriers, property ownership, or individual usage creates conditions where it is appropriate that these standards be varied, the length may be increased or decreased to meet existing conditions, having due regard for connecting conditions, having due regard for connecting street, circulation of traffic and public safety.
Article 46. Lots.
46-100 The lot arrangement and design shall be such that all lots will provide satisfactory and desirable building sites, property related to topography and the character of surrounding development.
46-101 All side lines of lots shall be at approximately right angles to straight street lines and radial to curved street lines except where a variation to this rule will provide a better street and lot layout.
46-102 No lot shall have less area of width at the building line than is required by the zoning regulations that apply to the area in which it is located.
46-103 Lots shall be consistent with zoning regulations. When the specific proposed use of a lot or tract depends upon future action by the Town Council or other properly designated authority, lot lines shall also be shown on the preliminary plat appropriate to a use which does not require such action. Proposed uses shall be shown on the preliminary plat.
46-104 Building Lines. Building lines shall be shown on all lots in the subdivision. The building lines (front, rear and side) shall be listed in accordance with the applicable zoning ordinances.
Article 47. Land Unsuitable for Subdivision.
47-100 Any land which, in its natural state, is subject to a 100-year flood or which cannot be properly drained shall not be subdivided, re-subdivided or developed until receipt of evidence that the construction of specific improvements proposed by the Developer can be expected to yield a usable building site. Thereafter, the Commission may approve plats; however, construction upon such land shall be prohibited until the specific improvements have been planned and construction guaranteed.
Article 48. Recreation and Public Land.
48-100 Providing adequate sites for recreation parks, open space, school sites, and other community facilities is a public necessity in an urban area The acquisition and improvement of these sites in step with private development of the area served by them is of mutual benefit to the subdivider and to the public. Therefore, when advised during the preapplication conference that the Comprehensive Plan shows a need for said facilities either partially or totally within the proposed development area, the subdivider shall include in his preliminary plat or concept plan design sites for such purposes.
Article 50. Driveways, Parking and Signs.
50-100 One and Two-family Residential Driveways. The location and size of ingress and egress driveways for one and two-family residences shall be subject to the approval of the Town Engineer.
Residential driveways to serve single car garages, carports, and/or storage areas shall be not less than eleven (11) feet nor more than fifteen (15) feet in width, measured at the property line. Residential driveways to serve two car garages, carports, and/or storage areas shall be not less than eleven (11) feet, nor more than twenty-four (24) feet in width, measured at the property line. When residential driveways are required to serve three or more car garages, carports, and/or storage areas, the size and location of the driveway(s) shall be subject to the approval of the Town Engineer, after an adequate engineering analysis of the parking, maneuvering and access requirements. A driveway should not begin less than five (5) feet from the point of tangency of the corner radius of an intersection.
The radius of all driveway returns shall be a minimum of five (5) feet; however, if in the professional opinion of the Town Engineer, a situation requiring driveways may be built at an angle other than perpendicular to the roadway and/or with driveway return radii of as much as twenty (20) feet. Residential driveways shall not be constructed closer than ten (10) feet apart.
Joint driveway approaches may be approved provided a letter of agreement signed by all adjoining property owners is delivered to the Town Secretary.
50-101 Multi-Family Residential, Commercial and Industrial Driveways. The location of ingress and egress and the size of all multi-family residential, commercial, and industrial driveways shall be subject to the approval of the Town Engineer. Driveways should not exceed sixty-five (65) percent of the property frontage. Multi-family residential, commercial and industrial driveways shall be a minimum of fifteen (15) feet and a maximum of thirty-five (35) feet in width measured at the property line. When the property frontage is seventy-five (75) feet, the driveway measured at the property line shall not begin less than ten (10) feet from the property corner. When the property frontage is less than seventy-five (75) feet, the driveway measured at the property line may begin a minimum of five (5) feet from the property corner, provided there is not an existing driveway within fifteen (15) feet of the property corner on the adjacent property. A minimum of twenty (20) feet, measured at the property line, should be maintained between driveways.
The radius of all driveway returns shall be a minimum of five (5) feet; however, if in the professional opinion of the Town Engineer a situation justifies, driveways may be built at an angle other than perpendicular to the roadway and/or with driveway return radii of as much as twenty (20) feet. The larger radius driveway returns may only be approved if a minimum of ten (10) feet of tangent curb can be constructed between the driveway returns. Joint driveway approaches may be approved, provided a letter of agreement signed by all adjoining property owners is delivered to the Town Secretary.
50-102 Parking. Off-street parking shall be provided as required in all the applicable zoning provisions of the Zoning Ordinance. and shall be paved.
Off-street parking areas shall be maintained by the Owner.
No new "head in" parking is permitted, except for one and two-family residential. Off-street parking layouts shall afford the driver the ability to accomplish all maneuvers to enter or exit the parking spaces on private property.
50-103 General. Nothing in this section shall require the changing of existing driveways and/or parking except under one or more of the following conditions:
During widening and/or reconstruction of streets, the driveways will be brought into conformity with the present standards and head-in parking will be eliminated;
During new building construction or major additions and remodeling of existing buildings, all driveways and parking requirements will be brought into conformity with the present standards and head-in parking will be eliminated.
When the Town Engineer determines that prevailing traffic conditions require the elimination of existing head-in parking that makes use of public rights-of-way in order to correct a serious traffic hazard.
When in his professional judgment the literal enforcement of any part of Article 49 would result in poor engineering design or in an unnecessary hardship, the Town Council may authorize special exceptions to Article 49, subject to appropriate conditions and safeguards, in order to permit reasonable development and improvement of property.
1. Street names. Names of new streets shall not duplicate or cause confusion with the names of existing streets, unless the new streets are a continuation of or in alignment with existing streets, in which case names of existing streets shall be used.
2. Street Signs. Street signs shall be furnished to and installed by the Subdivider for all intersections within or abutting the subdivision. Such signs shall be of a type approved by the Town.
Article 51. Storm Drainage Facilities.
51-100 General. Drainage facilities shall be provided and constructed by the developer in accordance with current design criteria herein adopted by the Town and the Standard Specifications for Public Works Construction and the following basic requirements:
1. When conditions upstream from a proposed channel or storm drain outside the limits of the ownership of the develop do not permit maximum design flow, the drainage facilities shall be designed based on potential and fully developed conditions.
2. When conditions downstream from a proposed channel or storm drain outside the limits of the ownership of the developer do not permit maximum design flow, water surface elevations for a 100-year design frequency shall be indicated considering the downstream condition in order to define the potential flood hazards. Solutions to protect the property shall be developed.
3. All drainage improvements shall be designed to an acceptable outfall.
4. Where there is a question as to the justification or size of drainage facilities, doubt will be resolved in favor of additional drainage capacity.
5. The combined capacity of storm drain pipe, street and surface drainage shall contain the 100-year design flow at the building lines. The finish floor elevation shall be at least one foot (1') above the 100-year design flow at the building lines. The finish floor elevation shall be at least one foot (1') above the 100-year flood elevation.
6. The developer shall install an underground storm drain beginning at the point where the calculated stormwater runoff is of such a quantity that it will overflow the street at curb height. The storm drain shall be constructed from this point to an approved outlet where the stormwater can be discharged safety without damage or flooding of adjacent property.
7. The developer may install a concrete lined channel in lieu of installing pipe larger than 60 inches. This open channel shall be at the rear of residential lots. In the event it is necessary to locate the drainage facility adjacent to and parallel to a street, it shall be a closed conduit even though pipe sizes larger than 60 inches are required.
8. A permanent chain link fence or other fence meeting the requirements of the Town shall be constructed to enclose the channel area where it is adjacent to residential lots and also in other cases where it is deemed necessary to restrict access to the channel.
9. All drainage facilities shall be constructed on public right-of-way or easements dedicated for the purpose. Drainage easements shall be of a sufficient size to permit access for maintenance of the drainage facility.
10. When a drainage ditch or storm drain pipe, culvert or bridge is proposed, calculations shall be submitted showing basis for design.
11. When a drainage channel, storm drain pipe, culvert or bridge is proposed, completed plans, profiles and specifications shall be submitted, showing complete construction details and detailed cost estimate.
51-101 Design Criteria. Drainage requirements shall be based on the Rational Method of Design (Q = CIA).

Q = Discharge or surface runoff in cubic feet per second.
C = Coefficient of runoff
I = Intensity of runoff in inches per hour as derived for United States Weather Bureau, Technical Paper 40.
A = Drainage areas in acres.

A minimum time of concentration of ten minutes shall be used, with detailed computation made to determine the exact time of concentration to each inlet facility.
51-102 Design Storm Frequency.

Type of Facility Description of Area to
be Drained Maximum Time of
Concentration
(Minutes) Recommended Design
Frequency (Years)
* Storm Sewers Residential, Commercial and Manufacturing 30 5
* Culverts, Bridges
Channels and Creeks Any type of area less than 100 acres 30 5
** Culverts, Bridges
Channels and Creeks Any type of area greater than 100 acres, but less than 1,000 acres 45 100
*** Culverts, Bridges
Channels and Creeks Any type of area greater than 1,000 acres 60 100

* When the maximum time of concentration or area to be drained is exceeded, the design shall be based on a ten (10) year frequency.
** When the maximum time of concentration or area to be drained is exceeded, the design shall be based on a twenty-five (25) year frequency.
*** Whenever, in a storm sewer system, an inlet is located at a low point so that flow in excess of the storm sewer capacity would be directed onto private property, the design frequency shall be increased beyond five (5) years. If the inlet location is such that overflow could cause damage or serious inconvenience, it may be desirable to increase the design frequency to as much as twenty-five (25) years.
51-103 Storm Drainage Design. Storm Drainage Facilities shall be designed in accordance with "Storm Drainage Criteria and Design Manual", City of Fort Worth, 1967 with the following modifications:
1. All storm drains shall be designed for surcharged flow.
2. Outfalls in natural water courses shall begin the hydraulic gradient elevation for surcharge design at the top of the conduit plus V2/2g.
Article 52. Water Facilities.
52-100 General. In the absence of specific standards contained in this ordinance, all water supply, distribution, pumping, and storage improvements shall be designed in accordance with the most current standards of the American Water Works Association and the most current edition of "Rules and Regulations for Public Water Systems" of the Texas Department of Health Resources.
52-101 Basic Requirements.
1. All water mains in residential area shall be a minimum of six inches (6") in size and looped where possible. Water mains in industrial and commercial areas shall be a minimum 8" in size. All water mains shall be PVC C-900. DR-18 or Ductile Iron as shown on Typical Standard Details. Asbestos Cement Pipe (AC) will not be allowed for construction.
2. Water mains should be large enough to supply the fire flows required, but no less than eight-inch in mercantile areas and no less than six-inch in scattered residential areas.
No six-inch looped main should be more than 3500 feet long. (Note: A "loop" is that between one two-way feed and another independent two-way feed). (An eight-inch or larger pipe is considered to be a two-way feed.) An eight-inch or larger pipe is considered to be a two-way feed for this one purpose. A "feed" for this purpose cannot be less than six-inch size. A test to determine if there is a loop is whether flow is obtained if a line is valved off.
The Town may participate in the cost of any oversize lines required to serve land areas and improvements beyond the subdivision. The Town's participation will be difference in the actual construction cost of the oversized line and the estimated construction cost, as determined by the Town's Engineer, of the line properly sized to serve only the land area of the development.
3. The cost of mains larger than six inches (6") must be borne by the developer if such larger main is required to adequately serve the subdivision.
4. Standard three-way fire hydrants shall be installed as a part of the water distribution system. Fire hydrants in mercantile and industrial areas shall be on street intersections and so located that there will be a fire hydrant every three hundred (300) feet as measured along the street. Fire hydrants in a residential area shall be located on all street intersections and not over six hundred (600) feet apart as measured along the street.
5. Valves of approved design shall be installed at the intersections of all water mains so as to provide for proper maintenance and operation of the system and to provide a means of shutting off the supply to portions of the system for repairs. Sufficient valves shall be installed to cause a minimum interruption of service.
FIRE FLOWS REQUIRED

Principal mercantile and industrial areas 3,000 gpm
Light mercantile areas 1,500 gpm
Congested residential areas 750 gpm
Scattered residential areas 500 gpm
All fire flows to be calculated with 20 pound residual pressure.

6. The depth of cover shall be a minimum of 36 inches below finished grade.
7. Pipeline markers will be used to locate road crossings and cross country lines in rural areas.
8. Valve markers shall be provided in rural areas.
9. Corporation stops and meter boxes shall be provided at all services.
10. Adequate air relief, drainage, and flushing valves must be provided for flushing, disinfection, daily operation requirements, and repairs.
11. Water main extensions shall be made to the limits of the property being final platted to provide for future water main extensions by the adjacent property owner, or with the next phase of development.
Article 53. Sanitary Sewerage Facilities.
53-100 General. All subdivisions developed subsequent to this Ordinance shall be provided with an approved sewerage disposal system conforming to the current criteria adopted by the Town and the requirements of Texas Department of Health Resources "Design Criteria for Sewerage Systems". Materials and construction shall meet the requirements of Standard Specifications for Public Works Construction.
53-101 Basic Requirements.
1. No sewer main shall be less than six (6) inches in nominal diameter. Sewer service lines shall not be less than four (4) inches in diameter. Sewer lines shall utilize PVC, SDR-35 pipe where applicable unless size or Special Conditions warrant other materials.
2. All sewers shall be designed with consideration for serving the full drainage area subject to collection by the sewer in question except as modified with the concurrence of the Town's Engineer because of the projected rate of development or the financial feasibility of the proposed extension.
3. Manholes shall be located at all intersections of other sewers and at intermediate spacings along the line. Generally, the maximum spacing should not exceed 500 feet. Manholes should be located at all changes in grade and at the ends of all sewers.
4. Sewers should be designed with straight alignment whenever possible. When horizontal curvatures must be used, the smallest radius should be determined by the pipe manufacturer's data, but in no case less than a one hundred (100) foot radius shall be used.
5. All sewers shall be designed with hydraulic slopes sufficient to give mean velocities, when flowing full or half full, or not less than two (2') feet per second on Kutter's or Manning's formulas using an "n" value of 0.011, except that the minimum allowable grades shall be maintained as follows:

4" Service 2.00%
6" Line 1.00%
8" Line 0.40%
10" Line 0.29%
12" Line 0.22%
15" Line 0.16%
18" Line 0.12%
24" Line and larger 0.10%

6. No connection shall be made to any sanitary sewerage system within the Town which will permit the entrance of surface water and waste of other than domestic sewage characteristics.
7. All materials and workmanship incorporated in the sewage system extensions shall be in accordance with the currently adopted Standard Specifications for Public Works Construction.
8. All lateral and sewer mains installed within a subdivision must extend to the borders of the subdivision as required for future extensions of the collecting system regardless of whether or not such extensions are required for service within the subdivision.
9. Service laterals shall be constructed at an elevation designed to gravity flow the lot or tract of land to which it will serve as computed at a grade of 2% from the service wye riser pipe to the proposed building site. However, the minimum cover for a service wye riser pipe at the property line or easement line shall be a minimum of four (4) feet. all service laterals below proposed area to be paved shall be installed and properly backfilled prior to compaction of the subgrade and placement of the paving.
10. Any service lateral used for the discharge of industrial waste into the Town's sanitary sewers shall have a control manhole constructed and maintained by the discharger of the industrial waste. The control manhole shall be constructed downstream from any storage tanks or pretreatment works and shall be used by the Town for sampling and monitoring the industrial waste.
11. Sewage lift stations (pumping stations) will not be allowed unless physical conditions will not permit a conventional gravity flow sewer system. All lift stations will utilize two (2) pump or duplex systems with each pump having the capacity to meet maximum flow demands. The pumping system shall utilize automatic mercury float control switches for start-stop and automatic pumping cycles. The facilities may be designed for specific locations, employing wet-well/dry-well, surface mounted pumps or submersible pumps. The Town Engineer will review and direct the type of lift station to be installed.
CODIFICATION
This Ordinance is authorized to be printed and bound into a code book which shall be known as the Subdivision Code of the Town of Ponder, Texas, and when such code is published into a bound code book, it shall constitute publication of this Ordinance.
ADOPTION OF ORDINANCE
Ordinance No. 164 was passed and approved on second reading the 3rd day of January by the Town Council of Ponder, Texas.

______________________________
MAYOR, TOWN OF PONDER, TEXAS
ATTEST:

______________________________
TOWN SECRETARY
APPROVED AS TO LEGAL FORM:

______________________________
ATTORNEY FOR THE TOWN OF PONDER, TEXAS
Chapter 10 TRAFFIC CONTROL
ARTICLE 10.100. PARKING RESTRICTIONS*
__________
*State law reference(s)--Authority to regulate parking, V.T.C.A, Transportation Code, § 542.202(2).
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Sec. 10.101. Generally.
(a) It shall be unlawful and a violation of the provisions of this article for any person to cause, allow, permit, or suffer any vehicle registered in the name of or operated by such person:
(1) To be stopped or parked upon or adjacent to a public street or alley so that any portion of the vehicle, including but not limited to any objects carried in or upon said vehicle, protrude into the main-traveled portion of said street or alley.
(2) To be parked on any street or alley in the city for a period of time longer than 24 hours.
(3) To be parked (if said vehicle be a truck-tractor, road tractor, trailer, semi-trailer, pole trailer, bus, motor home, mobile home, or any commercial motor vehicle, as said terms are defined in V.C.S., article 6701d), upon an improved public street, alley, parkway, boulevard, or public property, or other improved roadway easements; and nothing herein shall authorize the parking of mobile homes in any location, public or private, unless pursuant to a permitted use authorized by the zoning ordinance or regulations of the building official. This subsection shall not apply to:
(A) Street construction, maintenance and repair equipment;
(B) Trucks, equipment, trailers, and vehicles used by public service utility companies engaged in repairing or extending public service utilities;
(C) Other vehicles when actually parked at a designated loading zone;
(D) Municipal vehicles in the course of performance of city business; or
(E) When it is lawful to park a commercial motor vehicle for the purpose of accepting or delivering transportable goods.
(b) It is an affirmative defense to prosecution under this section that the vehicle had a mechanical defect, making it unsafe to proceed further, in which event it shall be lawful to stand or park the vehicle during the time necessary to make emergency repairs.
(c) When any vehicle is found parked in violation of any provision of this article, such fact shall be prima facie evidence that the person in whose name it is registered is guilty of a violation of this article.
(d) Any person, firm or corporation violating any of the provisions of this section shall be deemed guilty of a class C misdemeanor and upon final conviction thereof fined in accordance with the general penalty provision found in section 1.106 of this Code.
(Ord. No. 113, 11-2-1997)
Sec. 10.102. Shaffner Street.
(a) No person shall stop, stand or park any vehicle upon or along either side of Shaffner Street between the intersection of Shaffner and James and north to a point 120 feet south of the intersection of Shaffner and Green, except that a driver may stop temporarily during the actual loading or unloading of passengers or when necessary in obeyance to traffic regulations or traffic signs or signals of a police officer. Such no parking regulations shall be effective only during school hours, being the hours between 8:00 a.m. and 4:00 p.m., Monday through Friday.
(b) The chief of police or other city official designated by the town commission shall cause the no-parking area to be maintained and marked as designated by this section. All such areas shall be clearly indicated by appropriate signs or markings on the pavement.
(c) Any person, firm or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon final conviction thereof, fined in accordance with the general penalty provision found in section 1.106 of this Code. Each and every day such violation shall continue shall constitute a separate offense and shall be punishable as such hereunder.
(Ord. No. 70, 12-6-1984)
ARTICLE 10.200. STOP INTERSECTIONS
(a) That from and after the effective date hereof, the following locations will be designated as stop intersection and the city secretary shall caused to be erected stop signs at the following intersections:
(1) East Bound on January Lane with its intersection with FM 156.
(2) East Bound on Green Street with its intersection with FM 156.
(3) East Bound on West James Street with its intersection with FM 156.
(4) East Bound on West Bailey Street with its intersection with Shaffner Street.
(5) East Bound on FM 2449 with its intersection with FM 156.
(6) West Bound on T.N. Skiles Road with its intersection with FM 156.
(7) West Bound on West James Street with its intersection with Shaffner Street.
(8) West Bound on West Bailey Street with its intersection with Shaffner Street.
(9) West Bound on East Bailey Street with its intersection with FM 156.
(10) West Bound on FM 2449 with its intersection with FM 156.
(11) South Bound on Frederick Street with its intersection with FM 2449.
(b) That from and after the effective date hereof, there shall be erected a "No Parking Zone" at the intersection of Green Street and Shaffner Street in front of the Ponder School and adjacent to the fire plug located there.
(c) Any person who operates a motor vehicle and fails to stop at any intersection controlled by the stop signs provided for above shall be guilty of a misdemeanor and upon conviction therefore, shall be fined not less than one dollar nor more than two hundred dollars.
(Ord. No. 155, 3-1-1993)
ARTICLE 10.300. ONE-WAY STREET DESIGNATED
(a) Green Street from FM 156 to Shaffner Street shall be a one-way street from and between the hours of 7:30 a.m. until 8:15 a.m. and from and between the hours of 3:15 p.m. until 4:00 p.m. on days in which the Ponder Independent School District is conducting classes. Said one-way street to be limited to traffic traveling in a westerly direction. During such hours, it shall be unlawful for any person to operate or cause to be operated any motor vehicle upon the designated one-way portion of Green Street in an easterly direction.
(b) Shaffner Street from Green Street to Bailey Street shall be a one-way street from and between the hours of 3:15 pm until 4:00 pm on days in which the Ponder Independent School District is conducting classes. Said one-way street to be limited to traffic traveling in a southerly direction. During such hours, it shall be unlawful for any person to operate or cause to be operated any motor vehicle upon the designated one-way portion of Shaffner Street in a northerly direction.
(Ord. No. 97, 10-6-1986)
ARTICLE 10.400. SPEED RESTRICTIONS*
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*State law reference(s)--Authority to establish or alter prima facie speed limits, V.T.C.A, Transportation Code, § 542.202(12).
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Sec. 10.401. Green Street; Shaffner Street.
(a) Upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of Section 167 and 169 of Article XIX, R.C.S. 6701d, Uniform Act Regulating Traffic on Highways the following prima facie speed limits hereafter indicated for vehicles are hereby determined and declared to be reasonable and safe; and such speed limits are hereby fixed at the rate of speed indicated for vehicles traveling upon the named streets and highways, or parts thereof, described as follows:
(1) The maximum prima facie speed limit on Green Street shall hereafter be 20 miles per hour.
(2) Shaffner Street, from Green Street to Bailey Street, a street within the corporate limits of the Town of Ponder, Texas at 20 miles per hour.
(b) That all traffic traveling on Shaffner Street at its intersection with Bailey Street shall have the right-of-way. It shall be unlawful for any person to operate or cause to be operated any motor vehicle upon Bailey Street at its intersection with Shaffner Street in either an easterly or westerly direction without first stopping at such intersection with Shaffner Street and then yielding the right-of-way to any traffic traveling in either a southerly or northerly direction on Shaffner Street.
(c) The Town Commission of the Town of Ponder, Texas declares and affixes the above maximum speed limits, and traffic control regulations, and the Ponder Police Department is hereby authorized to proceed with the erection of appropriate signs.
(d) Any person, firm or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in accordance with the general penalty provision found in section 1.106 of this Code.
(Ord. No. 97, 10-6-1986)
Sec. 10.402. F.M. 156.
(a) Upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of Section 169(B) of Article 6701d Vernon's Texas Civil Statutes, the following prima facie speed limits hereafter indicated for vehicles are hereby fixed at the rate of speed indicated for vehicles traveling upon the named streets and highways, or parts thereof, described as follows:
(1) That from and after the date of the passage of this speed zone ordinance no vehicle shall be operated along and upon FM Highway No. 156 within the corporate limits of the Town of Ponder, in excess of the speeds now set forth in the following limits:
(A) Beginning at said point (Sta 0+00) being the north city limits of the Town of Ponder, Texas, thence continuing along FM 156 in a southerly direction for a distance of 1.015 miles, approximately, a maximum speed of 55 miles per hour;
(B) Thence continuing along FM 156 in a southerly direction for a distance of 0.650 mile, approximately a maximum speed of 45 miles per hour, and 30 miles per hour when so signed for school crossings at certain specified times;
(C) Then continuing along FM 156 in a southerly direction for a distance of 1.513 miles, approximately, said point (Sta. 167+80) being the south city limits of the Town of Ponder, Texas a maximum speed of 55 miles per hour.
(b) The mayor of Ponder is hereby authorized to cause to be erected, appropriate signs indicating such speed zone.
(c) Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and punished by a fine in accordance with the general penalty provision found in section 1.106 of this Code.
(Ord. No. 83-6, 9-8-1983)
Sec. 10.403. January Lane.
(a) No person shall drive, as defined by state law, a motor vehicle, motorcycle, bicycle, motor driven cycle, motor assisted cycle or any other vehicle of any kind (hereinafter collectively referred to as "vehicle") on January Lane for 2,800 feet west from the intersection of Highway 156 at a speed greater than 24 mph.
(b) The traffic engineer of the town is hereby directed to post signs at appropriate locations along the above described roads indicating the required speed limit.
(c) If any person, firm or corporation violating a provision of this section, upon conviction, is guilty of an offense punishable by penalty or fine in accordance with the general penalty provision found in section 1.106 of this Code; and each day or portion thereof which the violation is committed, continued or permitted shall be a separate offense.
(Ord. No. 193, 4-6-1998)
ARTICLE 10.500. SPECIAL CROSSING SIGNS
(a) That this article of the Town of Ponder, Texas, establishes an overall reduction in the speed limits through the Town of Ponder, Texas from 50 miles per hour to 45 miles per hour with more specific reductions as follows:
(1) The speed limit between school crossing signs is hereby reduced to 35 miles per hour;
(2) The speed limit between flashing signals is hereby reduced to 35 miles per hour.
(b) That this article establishes the installation of flashing signals on FM 156 at the intersection of said 156 and Greene Street and the intersection of FM 156 and FM 2449, to correspond with the present school crossing signs on FM 156, which signals are to flash as follows:
7:45 a.m.--8:30 a.m.
2:45 p.m.--3:30 p.m.
each and every weekday, not including weekends and holidays.
(c) That this article prohibits the parking of vehicles on FM 156 on the right-of-way of said road within the jurisdictional limits of the Town of Ponder.
(d) That this article adopts the parking regulations recommended by the planning and zoning committee, designating approximately 42 parking places on Bailey Street, those places being down the center and on the south side of the west end of said street with a few places on the north side.
(e) That this article prohibits the parking of vehicular traffic in any and all alleyways within the Town of Ponder, Texas except while loading and unloading pick-up and delivery trucks.
(f) Any persons violating any provision of this article in subsections (c), (d) or (e) shall be deemed guilty of a misdemeanor and punished by a fine in accordance with the general penalty provision found in section 1.106 of this Code found parked or standing in violation of subsections (c), (d) or (e) of this article; and the owner of such vehicle shall be civilly liable to the person doing such towing for the reasonable cost thereof.
(Ord. No. 83-2, 5-2-1983)
Chapter 11 UTILITIES AND SOLID WASTE
ARTICLE 11.100. WATER AND SEWER RATES
Sec. 11.101. Definitions.
(a) As used herein; a residence shall mean a unit providing complete, independent living facilities for one family, including permanent provisions for living, sleeping, cooking, eating and sanitation; a business, or commercial entity, shall mean all customers which are non-residential.
(b) Dual connections defined: as used herein, dual connections shall be defined as: more than one residence, whether house or apartment, on a single meter; more than one business or commercial enterprise on a single meter; or one or more residence and one or more business or commercial enterprises on single meter.
Sec. 11.102. Establishing water rates.
The monthly water rates to be changed and collected by the Town of Ponder, Texas from all customers obtaining service from the water system of said town within the city limits of said town shall be and are hereby fixed as provided for in the fee schedule found in the appendix of this Code.
Sec. 11.103. Establishing sewer rates.
The monthly sewer rates to be changed and collected by the Town of Ponder, Texas from all customers obtaining services from the sanitary system of said town shall be and are hereby fixed as provided for in the fee schedule found in the appendix of this Code.
Sec. 11.104. Establishing water rates for rural customers.
The monthly water rates to be charged and collected by the Town of Ponder, Texas from all rural customers obtaining service from the water system of said town shall be and are hereby fixed as provided for in the fee schedule found in the appendix of this Code.
Sec. 11.105. Establishing restrictions on water and sewer services.
(a) Monthly billings shall be made for water and sewer services, and nonpayment shall result in discontinuance of service.
(b) No free water and sewer service shall be permitted.
(c) The water service shall be operated on a fully metered basis.
(d) Service meters required. Every residence, whether house or apartment, shall have a separate water meter and a separate service connection to the city sewer line for each residence; each individual business or commercial entity, whether operated by persons, corporations or associations, maintaining a separate business, shall have a separate connection to the town's sewer line for each business or commercial entity.
(e) Dual connections shall be prohibited.
Sec. 11.106. Enforcement of article.
The terms and conditions of this article shall be enforced by the person designated by the town council.
Sec. 11.107. Penalty.
(a) The Town of Ponder, Texas reserves the right to disconnect all said dual connections for any violation of this article, including but not limited to dual water connection.
(b) Any person, or any owner or occupant, or agent of any owner or occupant, violating any of the terms of this article shall be subject to a fine, upon conviction in the municipal court, such fine to be in accordance with the general penalty provision found in section 1.106 of this Code, each day that a violation occurs shall constitute a separate and distinct offense.
(Ord. No. 240, 8-5-1999)
ARTICLE 11.200. MANDATORY SEWER CONNECTIONS
(a) The owner(s) of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the Town of Ponder, Texas, and abutting on any street alley, or right-of-way in which there is now located a city sewer system, or to which a city sewer system is available, is hereby required at the owner(s) expense to connect to the city sewer system unless otherwise exempted by this article.
(b) The use of septic tanks within the Town of Ponder, Texas, is hereby prohibited except where connection to the city sewer system is exempted in this article.
(c) For purposes of this article the city sewer system shall be deemed available to any house, building, or property, when such house, building, or property is not more than 500 feet from an existing city sewer system outlet, or line.
(d) Any time any land within the Town of Ponder is subdivided for the purpose(s) of building any house, or buildings thereon, said subdivision shall be required at the owner(s) expense to connect to the city sewer system unless otherwise exempted by this article.
(e) Exemptions: In regard to the requirement as stated in herein, a subdivision shall not be required to connect to the city sewer system where the subdivision is any family-owned lot of record as of the date of this article, being divided not more than one (1) time, and the land is not sold for profit.
(Ord. No. 112, 11-2-1987)
ARTICLE 11.300. WATER AND SEWER EXTENSION PRO RATA CHARGES
Sec. 11.301. Rates for extension.
(a) The Town of Ponder may extend water and sanitary sewer mains in streets, alleys and easements within the city limits in order to permit connections by persons desiring and seeking water service and sanitary sewer service.
(b) A charge, which shall be know as the "pro-rata", shall be applied against the owner of each lot, tract or parcel of land, whose water and sewer lines, constructed after the effective date of this article, and connected with any water or sanitary sewer main of the Town of Ponder, and shall be set at the rates as provided for in the fee schedule found in the appendix of this Code based on the proportion of the total cost of such water and sewer mains.
(c) The foregoing front foot rates for water shall apply to property which fronts in the areas platted and the usual rectangular lots or tracts of land. Where lots or tracts are irregular in size or shape, then the pro rata charge shall be based upon equivalent rectangular lots or tracts using one front foot for each two hundred square feet of area.
(d) On lots or tracts of land which extend through from one street to another with frontage on both streets, and where the distance between the street lines is 260 feet or more, then the water pro rata charges shall be paid on both frontages when a connection is secured to a lot or tract. If the distance between street lines is less than 260 feet, the water pro rata charge will be based on the larger of the frontages.
(e) Where lots, tracts or parcels of land are intended to be used for other than single-family (one residence), the water pro rata shall be paid on the frontage on all streets which the property may abut. Should said property be subdivided whereby further extensions are required to serve the same, the terms of this article shall apply. For single-family (one residence), the front footage for pro rata will be based on the frontage upon which the connection is made. Should the same tract of land be developed at a later date, the remaining front footage pro rata shall be due and owing.
Sec. 11.302. Extensions.
Water and sewer mains may be extended to serve property which is a single lot or tract on the following basis and in accordance with the following minimum standards and procedures:
(1) Extensions within developed property. A developer, including individual lot owners, shall defray the entire costs of water and sewer mains and all appurtenances thereto that lie totally within the subdivision or lot. If funds are available, the city commission may pay for required oversizing of lines greater that the development needs.
(2) Extensions to mains lying along one or more sides of a lot or subdivision and serving property other than the subdivision for which the extension is made. For six-inch water mains and for six-inch sewer mains, construction along side a subdivided tract and serving property other than that subdivision for which the extension was made, the developer shall pay the entire costs of water and sewer mains. Where alongside mains larger than six inches serve other property, the developer may be refunded the additional cost to oversize the lines beyond the needs of such property. The city will not be obligated to pay more than the amount of the actual pro rata charges which it collected for connections to said line nor shall refunds be made contrary to section 11.305 hereof.
(3) Offsite extensions outside developed property. Where water and/or sewer facilities are not available to a tract to be developed, mains may, at the discretion of the city, be extended to the subdivision or tract at the sole expense of the developer requiring such extension. The developer will be eligible to receive pro rata charges which the city has collected for connections to said line. The city will not be obligated to pay more than the amount of actual pro rata charges which it collected for connections to said line nor shall refunds be made contrary to section 11.305 hereof.
Sec. 11.303. Methods for construction.
Extensions to serve recorded subdivisions or tracts shall be constructed in the following manner:
(1) By private contract. Upon approval by the Town of Ponder, a developer of an additional or single lot may design and prepare construction plans for water and sewer facilities to serve the property, including any access to offsite facilities that may be required. Plans and profiles submitted by developers shall be in accordance with the city's subdivision ordinance. Upon approval of such plans by the city, the developer may enter into a contract with any contractor or construct the system himself; provided however that the construction and installation of the water and sewer mains and facilities shall be inspected by inspectors for the city, at the expense of the developer, to assure that the same are installed according to such plans and specifications as approved by the city. All grade stakes shall be set by a registered professional engineer or a licensed land surveyor. All such mains and facilities shall become the property of the Town of Ponder, free and clear of all encumbrances, upon acceptance of the same by the city in accordance with the city's subdivision ordinance.
In the event the developer makes the installation himself, then he shall execute performance, payment and maintenance bonds in the favor of the Town of Ponder. In the alternative, the developer may make a cash deposit with the city in an amount equal to one hundred percent (100%) of the estimated construction costs of the project, as determined by the city's engineers to be held for a period of one year ending one year from the date of acceptance of the project by the city. The city may use such cash deposit for repairs or maintenance of the system that are commenced during said one year period. The balance of such cash deposit shall be refunded to the developer after the one year period.
(2) By city contract. At the discretion of the city, a developer may deposit with the city the total cost of such extensions required to serve his property, including the cost of approach or offsite mains fronting the property not owned by the developer. The city will then construct such mains and upon determination of final completion costs will refund any excess amount deposited or require the developer to pay, within ten days of notice thereof, any additional funds refundable amount for offsite costs shall be refunded as set forth in section 11.305 hereof, and in no event shall the same exceed the actual costs of the installation.
Sec. 11.304. Water and sewer extension fund.
Any and all sums of money hereinafter collected as a pro rata charge for water and/or sewer extensions at the rates set out in this article, or any amendment hereto, shall be credited to the water and sewer extension fund of the Town of Ponder and all refunds shall be paid from such fund. In no event shall the city be obligated to proceed under the terms of this article if funds are not available or if in the determination of the city commission extensions are not in the best interest of the city.
Sec. 11.305. Refunding procedure.
Except as otherwise provided, all refund provided for in this article shall be made on October 1 of each year and shall include funds then accrued to the credit of the developer and others. A refund contract entered into by any property owner and the Town of Ponder under the provisions hereof shall be effective for a period not to exceed twenty-five (25) years after the date of said contract. No refunds will be made by the city to any applicant or contracting party after the contracted for period. The city shall not be liable for payment of interest on any such deposits, refunds or bonds provided for herein. The city shall not refund any amount for which there is no pro rata agreement.
Sec. 11.306. Fire hydrants.
Fire hydrants shall be provided at such locations along offsite and alongsite water mains, in accordance with the requirements of the State Board of Insurance for the best fire insurance key rate available in the State of Texas. All such fire hydrants shall be served by a minimum of a six-inch main in residentially zoned districts and a minimum of an eight-inch main in industrial and commercially zoned districts. No new development shall be served until it provides fire hydrants to such specifications, and no line shall be extended to serve existing residents unless and until a fee of $1,200.00 per hydrant to cover the costs of installing fire hydrants has been paid to the city.
Sec. 11.307. Penalty.
Any person, firm or corporation violating any of the provisions of this article shall be deemed guilty of a misdemeanor; and any such person, firm or corporation found guilty thereof shall be fined in accordance with the general penalty provision found in section 1.106 of this Code for each such conviction. Each and ever day such violation continues shall constitute a separate offense.
(Ord. No. 153, 9-14-1992)
ARTICLE 11.400. WATER CONSERVATION
Sec. 11.401. Daily water conservation plan.
(a) All persons using water for lawn and garden watering or irrigation, during the period of May 15 to September 15, of each year shall do so in the following manner:
(1) Stage 1 (non-emergency state)--Voluntary.
(A) All water customers with an address ending in an even number should conduct all lawn and garden watering or irrigation on even numbered days between the hours of 6:00 a.m. and 9:00 a.m. and 8:00 p.m. and 11:00 p.m.
(B) All water customers with an address ending in an odd number should conduct all lawn and garden watering or irrigation on odd numbered days between the hours of 6:00 a.m. and 9:00 a.m. and 8:00 p.m. and 11:00 p.m.
(2) Stage 2 (emergency state). Depending on the availability of water and the town's ability to supply essential water demands and fire protection, the town council may determine and declare that an emergency situation exists and restrict the use of water for lawn and garden watering, or irrigation, or other purposes, to only three days a week. A declared emergency shall remain in effect until September 15, of the year declared of until town council takes action to return to Stage 1 (non-emergency state).
(A) All water customers with an address ending in an even number must conduct all lawn and gardening watering, or irrigation on even numbered days between the hours of 6:00 a.m. and 9:00 a.m. and 8:00 p.m. and 11:00 p.m. with no watering on Sunday;
(B) All water customer with an address ending in an odd number must conduct all lawn and garden watering or irrigation on odd numbered days between the hours of 6:00 a.m. and 9:00 a.m. and 8:00 p.m. and 11:00 p.m. with no watering on Sunday;
(C) In an emergency state, a person should contact the director of public works prior to installing new landscaping to determine if a variance will be considered;
(D) Water customers tied to the Town of Ponder water supply not within the city limits shall conform to the same watering requirements of this article; and
(E) Filling of new swimming pools must be scheduled.
(3) Stage 3 (emergency state). Depending on the availability of water and the town's ability to supply essential water demands and fire protection, the town council may determine and declare that an emergency situation exists and restrict the use of water for lawn and garden watering, or irrigation, or other purposes to only one day a week. A declared emergency shall remain in effect until September 15, of the year declared or until town council takes action to return to Stage 1 (non-emergency state).
(A) All water customers with an address ending in an even number must conduct all lawn and garden watering, or irrigation between the hours of 6:00 a.m. and 9:00 a.m. and 8:00 p.m. and 11:00 p.m. on Thursdays only;
(B) All water customers with an address ending in an odd number must conduct all lawn and garden watering or irrigation between the hours of 6:00 a.m. and 9:00 a.m. and 8:00 p.m. and 11:00 p.m. on Tuesdays, only;
(C) In an emergency state, a person should contact the director of public works prior to installing new landscaping to determine if a variance will be considered;
(D) Water customers tied to the Town of Ponder water supply not within the city limits shall conform to the same watering requirements of this article; and
(E) Filling of new swimming pools must be scheduled.
(4) Stage 4 (emergency stage). The following are prohibited usage of outside watering:
(A) Washing of vehicles;
(B) Refilling of drained swimming pool;
(C) Filling of new swimming pool;
(D) No new lawn variances; and
(E) Lawn and garden watering or irrigation.
(b) The mayor will appoint and authorize a city staff employee to issue citations to customers that are in non-compliance with the water conservation plan.
(c) The director of public works of the Town of Ponder has the authority to implement all four stages of the water conservation plan as conditions dictate without the prior approval of the town council.
Sec. 11.402. Notice requirement.
Written notice will be published in the local newspaper prior to implementing the rationing program. Mailed notice must be given 72 hours prior to the start of rationing. If notice is hand delivered, the utility cannot enforce the provisions of the plan 24 hours after notice is provided. The customer's written notice will contain the following information:
(1) The date rationing will begin;
(2) The date rationing will end;
(3) The stage of rationing and explanation of the restrictions to implemented; and
(4) Explanation of penalties for violations.
Sec. 11.403. Penalty of fine.
A person who violates section 11.402 of this article is guilty of a separate offense for each day or portion of a day during which the violation continues and, upon conviction, shall be punished as follows:
(1) Stage 1 (non-emergency state): No penalty, ticket or fine will be assessed.
(2) Stage 2 (emergency state):
(A) A customer who is found to have violated Stage 2 for the first time will receive a warning but will not be assessed a penalty;
(B) A customer who is found to have violated Stage 2, for a second time will be assessed a penalty in accordance with the general penalty provision found in section 1.106 of this Code; and
(C) A customer who continuously violates Stage 2 will be assessed a penalty in accordance with the general penalty provision found in section 1.106 of this Code per violation.
(3) Stage 3 (emergency state):
(A) A customer who is found to have violated Stage 3 for the first time will be assessed a penalty in accordance with the general penalty provision found in section 1.106 of this Code; and
(B) A customer who continuously violates Stage 3 will be assessed a penalty in accordance with the general penalty provision found in section 1.106 of this Code per violation; and/or
(C) Water service will be disconnected.
(4) Stage 4 (Emergency state):
(A) A customer who is found to have violated Stage 4, for the first time will be assessed a penalty in accordance with the general penalty provision found in section 1.106 of this Code; and
(B) A customer who continuously violates Stage 4, will be assessed a penalty in accordance with the general penalty provision found in section 1.106 of this Code per violation and water service will be disconnected.
(Ord. No. 243, 8-5-1999)
ARTICLE 11.500. PUC JURISDICTION
(a) The governing body of this municipality does hereby elect to have the Public Utility Commission of Texas exercise exclusive original jurisdiction over electric utility rates, operations, and services within the existing and future incorporated limits of this municipality.
(b) This article shall be come effective, and the Public Utility Commission of Texas shall exercise the exclusive original jurisdiction over said electric utility rates, operations, and services on and after the date of the passage hereof.
(c) It is hereby officially found and determined that the meeting at which this article is passed is open to the public and as required by law and that public notice of the time, place and purpose of said meeting was given as required.
(d) The secretary of this municipality shall give notice of this article to the Public Utility Commission of Texas by forwarding a certified copy of same to the Public Utility Commission of Texas upon the passage of this article.
(Ord. No. 154, 2-1-1993)
ARTICLE 11.600. INDUSTRIAL WASTE
Sec. 11.601. Definitions.
Approving authority. Means the mayor or his duly authorized representative.
B.O.D. (biochemical oxygen demand). Means the quantity of oxygen by weight, expressed in mg/l, utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five days at a temperature of 20 degrees centigrade.
Building sewer. Means the extension from the building drain to the public sewer or other place of disposal (also called house lateral and house connection).
City. Means the City of Ponder, Texas, or any authorized person acting in its behalf.
C.O.D. (chemical oxygen demand). Means measure of the oxygen consuming capacity of inorganic and organic matter present in the water or wastewater expressed in mg/l as the amount of oxygen consumed from a chemical oxidant in a specific test, but not differentiating between stable and unstable organic matter and thus not necessarily correlating with biochemical oxygen demand.
Control manhole. Means a manhole giving access to a building sewer at some point before the building sewer discharge mixes with other discharges in the public sewer.
Control point. Means a point of access to a course of discharge before the discharge mixes with other discharges in the public sewer.
Garbage. Means animal and vegetable wastes and residue from preparation, cooking, and dispensing of food; and from the handling, processing, storage and sale of food products and produce.
Industrial waste. Means waste resulting from any process of industry, manufacturing, trade or business from the development of any natural resource, or any mixture of the waste with water or normal wastewater, or distinct from normal wastewater, or distinct from normal wastewater.
Industrial waste charge. Means the charge made on those persons who discharge industrial wastes into the city's sewerage system.
Milligrams per liter (mg/l). Means the same as parts per million and is a weight-to-volume ratio; the milligram-per-liter value multiplied by the factor 8.34 shall be equivalent to pounds per million gallons of water.
Natural outlet. Means any outlet into a watercourse, ditch, lake, or other body of surface water or groundwater.
Normal domestic wastewater. Means wastewater excluding industrial wastewater discharged by a person into sanitary sewers and in which the average concentration of suspended solids is not more than 250 mg/l and BOD is not more than 250 mg/l.
Overload. Means the imposition of organic or hydraulic loading on a treatment facility in excess of its engineered design capacity.
Person. Includes corporation, organization, government or governmental subdivision or agency, business, trust, estate, partnership, association and any other legal entity.
pH. Means the reciprocal of the logarithm (base 10) of the hydrogen ion concentration expressed in grams per liter.
Public sewer. Means pipe or conduit carrying wastewater in which owners of abutting properties shall have the use, subject to control by the City of Ponder, Texas.
Sanitary sewer. Means a public sewer that conveys domestic wastewater or industrial wastes or a combination of both, and into which stormwater, surface water, groundwater and other unpolluted wastes are not intentionally passed.
Slug. Means any discharge of water, wastewater, or industrial waste which in concentration of any given constituent or in quantity of flow, exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration or flows during normal operation.
Standard methods. Means the examination and analytical procedures set forth in the latest edition at the time of analysis of "Standard Methods for the Examination of Water and Wastewater" as prepared, approved, and published by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation.
Storm sewer. Means a public sewer which carries storm and surface waters and drainage and into which domestic wastewater or industrial wastes are not intentionally passed.
Storm water. Means rainfall or any other forms of precipitation.
Superintendent. Means the water and wastewater superintendent of the City of Ponder, Texas or his duly authorized deputy, agent, or representative.
Suspended solids. Means solids measured in mg/l that either float on the surface of, or in suspension in, water, wastewater, or other liquids, and which are largely removable by a laboratory filtration device.
To discharge. Includes to deposit, conduct, drain, emit, throw, run, allow to seep, or otherwise release or dispose of, or to allow, permit or suffer any of these acts or omissions.
Trap. Means a device designed to shim, settle or otherwise remove grease, oil, sand, flammable wastes or other harmful substances.
Unpolluted wastewater. Means water containing:
(1) No free or emulsified grease or oil;
(2) No acids or alkalis;
(3) No phenols or other substances producing taste or odor in receiving water;
(4) No toxic or poisonous substances in suspension, colloidal state or solution;
(5) No noxious or otherwise obnoxious or odorous gases;
(6) Not more than ten mg/l each of suspended solids and B.O.D.; and
(7) Color not exceeding 50 units as measured by the Platinum-Cobalt method of determination as specified in Standard Methods.
Waste. Means rejected, unutilized or superfluous substances in liquid, gaseous or solid form resulting from domestic, agricultural or industrial activities.
Wastewater. Means a combination of the water-carried waste from residences, business buildings, institutions, and industrial establishments, together with any ground, surface, and stormwater that may be present.
Wastewater facilities. Includes all facilities for collection, pumping, treating, and disposing of wastewater and industrial wastes.
Wastewater treatment plant. Means any facilities, devices, and structures used for receiving, processing and treating wastewater, industrial waste, and sludges for the sanitary sewers.
Wastewater service charge. Means the charge on all users of the public sewer system whose wastes do not exceed in strength the concentration values established as representative of normal wastewater.
Watercourse. Means a natural or man-made channel in which a flow of water occurs, either continuously or intermittently.
Sec. 11.602. Prohibited discharges.
(a) No discharge to public sewers may contain:
(1) Cyanide greater than 1.0 mg/l;
(2) Fluoride other than that contained in the public water supply;
(3) Chlorides in concentrations greater than 250 mg/l;
(4) Gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas; or
(5) Substances causing an excessive chemical oxygen demand (C.O.D.)
(b) No waste or wastewater discharged to public waters may contain:
(1) Strong acid, iron pickling wastes, or concentrated plating solutions whether neutralized or not;
(2) Fats, wax, grease or oils, whether emulsified or not in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32 and 15 degrees Fahrenheit (0 and 65° Centigrade).
(3) Objectionable or toxic substances, exerting an excessive chlorine requirement, to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established by the approving authority for such materials; or
(4) Obnoxious, toxic, or poisonous solids, liquids, or gases in quantities sufficient to violate the provisions of section 11.602 (a).
(c) No waste, wastewater, or other substance may be discharged into public sewers which has a pH lower than 5.5, or higher than 9.5, or any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel at the wastewater facilities.
(d) All waste, wastewater, or other substance containing phenols, hydrogen, sulfide, or other taste-and-odor producing substances, shall conform to concentration limits established by the approving authority. After treatment of the composite wastewater, concentration limits may not exceed the requirements established by state, federal or other agencies with jurisdiction over discharges to receiving waters.
Sec. 11.603. Heavy metals and toxic materials.
(a) No discharges may contain concentrations of heavy metals greater than amounts specified in subsection (b) of this section.
(b) The maximum allowable concentrations of heavy metals stated in terms of milligrams per liter (mg/l), determined on the basis of individual sampling in accordance with "Standard Methods" are:

(1) Arsenic 0.05 mg/l
(2) Barium 5.0 mg/l
(3) Boron 1.0 mg/l
(4) Cadmium 0.02 mg/l
(5) Chromium 5.0 mg/l
(6) Copper 1.0 mg/l
(7) Lead 0.1 mg/l
(8) Manganese 1.0 mg/l
(9) Mercury 0.005 mg/l
(10) Nickel 1.0 mg/l
(11) Selenium 0.02 mg/l
(12) Silver 0.1 mg/l
(13) Zinc 5.0 mg/l

(c) No other heavy metals or toxic materials may be discharged into public sewers without a permit from the approving authority specifying conditions of pretreatment, concentrations, volumes, and other applicable provisions.
(d) Prohibited heavy metals and toxic materials include but are not limited to:
(1) Antimony.
(2) Beryllium.
(3) Bismuth.
(4) Cobalt.
(5) Molybdenum.
(6) Tin.
(7) Uranyl ion.
(8) Rhenium.
(9) Strontium.
(10) Tellurium.
(11) Herbicides.
(12) Fungicides.
(13) Pesticides.
Sec. 11.604. Garbage.
(a) No person may discharge garbage into public sewers unless it is shredded to a degree that all particles can be carried freely under the flow conditions normally prevailing in public sewers. Particles greater than one-half inch in any dimension are prohibited.
(b) The approving authority is entitled to review and approve the installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower (0.76 hp metric) or greater.
Sec. 11.605. Stormwater and other unpolluted drainage.
(a) No person may discharge to public sanitary sewers:
(1) Unpolluted stormwater, surface water, groundwater, roof runoff or subsurface drainage;
(2) Unpolluted cooling water;
(3) Unpolluted industrial process waters; or
(4) Other unpolluted drainage.
(b) In compliance with the Texas Water Quality Act and other statutes, the approving authority may designate storm sewers and other watercourses into which unpolluted drainage described in this section may be discharged.
Sec. 11.606. Temperature.
No person may discharge liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65° Centigrade), or any substance which causes the temperature of the total wastewater treatment plant influent to increase at a rate of ten degrees Fahrenheit or more per hour, or a combined total increase to plant influent temperature of 110 degrees Fahrenheit.
Sec. 11.607. Radioactive wastes.
(a) No person may discharge radioactive wastes or isotopes into public sewers without the permission of the approving authority.
(b) The approving authority may establish, in compliance with applicable state and federal regulations, regulations for discharge of radioactive wastes into public sewers.
Sec. 11.608. Impairment of facilities.
(a) No person may discharge into public sewers any substances capable of causing:
(1) Obstruction to the flow in sewers;
(2) Interference with the operation of treatment processes of facilities; or
(3) Excessive loading of treatment facilities.
(b) Discharges prohibited by subsection (a) include, but are not limited to materials which exert or cause concentrations of:
(1) Inert suspended solids greater than 250 mg/l included but not limited to:
(A) Fuller's earth;
(B) Lime slurries; and
(C) Lime residues.
(2) Dissolved solids greater than 500 mg/l including but not limited to:
(A) Sodium chloride; and
(B) Sodium sulfate.
(3) Excessive discoloration including but not limited to:
(A) Dye wastes; and
(B) Vegetable tanning solutions.
(4) BOD, COD or chlorine demand in excess of normal plant capacity.
(c) No person may discharge into public sewers any substance that may:
(1) Deposit grease or oil in the sewer lines in such a manner as to clog the sewers;
(2) Overload skimming and grease handling equipment;
(3) Pass to the receiving waters without being effectively treated by normal wastewater treatment processes due to the nonamenability of the substance to bacterial action; or
(4) Deleteriously affect the treatment process due to excessive quantities.
(d) No person may discharge any substance into public sewers which:
(1) Is not amenable to treatment or reduction by the processes and facilities employed; or
(2) Is amenable to treatment only to such a degree that the treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
(e) The approving authority may regulate the flow and concentration of slugs when they may:
(1) Impair the treatment process;
(2) Cause damage to collection facilities;
(3) Incur treatment costs exceeding those for normal wastewater; or
(4) Render the waste unfit for stream disposal or industrial use.
(f) No person may discharge into public sewers solid or viscous substances which may violate subsection (a) of this section if present in sufficient quantity or size including but not limited to:
(1) Ashes;
(2) Cinders;
(3) Sand;
(4) Mud;
(5) Straw;
(6) Shavings;
(7) Metal;
(8) Glass;
(9) Rags;
(10) Feathers;
(11) Tar;
(12) Plastics;
(13) Wood;
(14) Unground garbage;
(15) Whole blood;
(16) Paunch manure;
(17) Hair and fleshings;
(18) Entrails;
(19) Paper products, either whole or ground by garbage grinders;
(20) Slops;
(21) Chemical residues;
(22) Paint residues; or
(23) Bulk solids.
Sec. 11.609. Compliance with existing authority.
(a) Unless exception is granted by the approving authority, the public sewer system shall be used by all persons discharging:
(1) Wastewater;
(2) Industrial waste;
(3) Polluted liquids; or
(4) Unpolluted waters or liquids.
(b) Unless authorized by the Texas Water Quality Board, no person may deposit or discharge any waste included in subsection (a) of this section on public or private property adjacent to any:
(1) Natural outlet;
(2) Watercourse;
(3) Storm sewer; or
(4) Other area within the jurisdiction of the city.
(c) The approving authority shall verify prior to discharge that wastes authorized to be discharged will receive suitable treatment within the provisions of laws, regulations, ordinances, rules and orders of federal, state and local governments.
Sec. 11.610. Approving authority requirements.
(a) If discharges or proposed discharges to public sewers may:
(1) Deleteriously affect wastewater facilities, processes, equipment or receiving waters;
(2) Create a hazard to life or health; or
(3) Create a public nuisance;
the approving authority shall require:
(A) Pretreatment to an acceptable condition for discharge to the public sewers:
(B) Control over the quantities and rates of discharge; and
(C) Payment to cover the cost of handling and treating the wastes.
(b) The approving authority is entitled to determine whether a discharge or proposed discharge is included under subsection (a) of this section.
(c) The approving authority shall inject wastes when:
(1) It determines that a discharge or proposed discharge is included under subsection (a) of this section; and
(2) The discharger does not meet the requirements of subsection (a) of this section.
Sec. 11.611. Approving authority review and approval.
(a) If pretreatment or control is required, the approving authority shall review and approve design and installation of equipment and processes.
(b) The design and installation of equipment and processes must conform to all applicable statutes, codes, ordinances and other laws.
(c) Any person responsible for discharges requiring pretreatment, flow-equalizing or other facilities, shall provide and maintain the facilities in effective operating condition at his own expense.
Sec. 11.612. Requirements for traps.
(a) Discharges requiring a trap include:
(1) Grease or waste containing grease in excessive amounts;
(2) Oil;
(3) Sand;
(4) Flammable wastes; and
(5) Other harmful ingredients.
(b) Any person responsible for discharges requiring a trap shall at his own expense and as required by the approving authority:
(1) Provide equipment and facilities of a type and capacity approved by the approving authority;
(2) Locate the trap in a manner that provides ready and easy accessibility for cleaning and inspection; and
(3) Maintain the trap in effective operating condition.
Sec. 11.613. Requirements for building sewers.
Any person responsible for discharges through a building sewer carrying industrial wastes shall, at his own expense and as required by the approving authority:
(1) Install an accessible and safely located control manhole;
(2) Install meters and other appurtenances to facilitate observation sampling and measurement of the waste; and
(3) Maintain the equipment and facilities.
Sec. 11.614. Sampling and testing.
(a) Sampling shall be conducted according to customarily accepted methods, reflecting the effect of constituents upon the sewage works and determining the existence of hazards to health, life, limb, and property. (NOTE: The particular analyses involved will determine whether a 24-hour composite sample from all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour composites of all outfalls, whereas pH's are determined from periodic grab samples.)
(b) Examination and analyses of the characteristics of waters and wastes required by this article shall be:
(1) Conducted in accordance with the latest edition of "Standard Methods"; and
(2) Determined from suitable samples taken at the control manhole provided or other control point authorized by the approving authority.
(c) BOD and suspended solids shall be determined from a 24-hour sample.
(d) The city may select an independent firm or laboratory to determine flow, BOD and suspended solids.
(e) The city is entitled to select the time of sampling at its sole discretion so long as at least annual samples are taken.
Sec. 11.615. Payment and agreement required.
(a) Person making discharges of industrial waste shall pay a charge to cover the cost of collection and treatment.
(b) When discharges of industrial waste are approved by the approving authority, the city or its authorized representative shall enter into an agreement of arrangement providing:
(1) Terms of acceptance by the city; and
(2) Payment by the person making the discharge.
Sec. 11.616. Industrial waste charge and added costs.
(a) If the volume or character of the waste to be treated by the city does not require overloading the sewage collection, treatment, or disposal facilities of the city, then prior to approval, the city and the person making the discharge shall enter an agreement which provides that discharger pay an industrial waste charge to be determined from the schedule of charges.
(b) If the volume or character of the waste to be treated by the city requires that wastewater collection, treatment, or other disposal facilities of the city be improved, expanded, or enlarged in order to treat the waste, then prior to approval, the city and the person making the discharge shall enter an agreement which provides that the discharger pay in full all added costs the city may incur due to acceptance of the waste.
(c) The agreement entered into pursuant to subsection (a) of this section shall include but not be limited to:
(1) Amortization of all capital outlay and the proportionate part of the value of the existing system used in handling and treating the waste;
(2) Operation and maintenance costs including salaries and wages, power costs, costs of chemicals and supplies, proper allowances for maintenance, depreciation, overhead, and office expense.
(d) Amortization shall be completed in a 20-year period and payment shall include all debt service costs.
Sec. 11.617. Schedule of charges.
Industrial waste charges shall be calculated by the following formula:
Ci = voVi + boBi + soSi
Where Ci = charge to industrial users, $/yr.
vo= unit cost of transport and treatment chargeable to volume, $/1000 gal.
bo = unit cost of treatment chargeable to BOD, $/lb.
so = unit cost of treatment (including sludge treatment) chargeable to SS, $/lb.
Vi = volume of wastewater from industrial users, gal/yr.
Bi = amount of BOD from industrial users, lb/yr.
Si = amount of SS from industrial users, lb/yr.
Sec. 11.618. Adjustment of charges.
(a) The city shall adjust charges to reflect the current costs of wastewater treatment at least annually based on the results of sampling and testing.
(b) Increases in charges shall be retroactive for two billing periods and shall continue for six billing periods unless subsequent tests determine that the charge should be further increased.
(c) The city shall bill the discharger by the month and shall show industrial waste charges as a separate item on the regular bill for water and sewer charges. The discharger shall pay monthly in accordance with practices existing for payment of sewer charges.
(d) The city shall review at least (annually) the basis for determining increases or decreases in charges and shall adjust the charges to reflect increases or decreases in wastewater treatment costs based on the previous year's experience.
Sec. 11.619. Savings clause.
A person discharging industrial wastes into public sewers prior to the effective date of this article may continue without penalty so long as he:
(1) Does not increase the quantity or quality of discharge, without permission of the approving authority;
(2) Has discharged the industrial waste at least 12 months prior to the effective date of this article; and
(3) Applies for and is granted a permit no later than 120 days after the effective date of this article.
Sec. 11.620. Conditions of permit.
(a) The city may grant a permit to discharge to persons meeting all requirements of the savings clause provided that the person:
(1) Submit an application within 120 days after the effective date of this article on forms supplied by the approving authority;
(2) Secure approval by the approving authority of plans and specifications for pretreatment facilities when required; and
(3) Has complied with all requirements for agreements or arrangements including, but not limited to, provisions for:
(A) Payment of charges;
(B) Installation and operation of pretreatment facilities; and
(C) Sampling and analysis to determine quantity and strength.
(4) Provides a sampling point subject to the provisions of this article and approval of the approving authority.
(b) A person applying for a new discharge shall:
(1) Meet all conditions of subsection (a) of this section; and
(2) Secure a permit prior to discharging any waste.
Sec. 11.621. Power to enter property.
(a) The superintendent and other duly authorized employees of the city bearing proper credentials and identification are entitled to enter any public or private property at any reasonable time for the purpose of enforcing this article.
(b) Anyone acting under this authority shall observe the establishment's rules and regulations concerning safety, internal security and fire protection.
(c) Except when caused by negligence or failure of the company to maintain safe conditions, the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the sampling operation.
(d) The superintendent and other duly authorized employees of the city bearing proper credentials and identification are entitled to enter all private properties through which the city holds a negotiated easement for all purposes of:
(1) Inspection, observation, measurement, sampling or repair;
(2) Maintenance of any portion of the sewerage system lying within the easements; and
(3) Conducting any other authorized activity. All activities shall be conducted in full accordance with the terms of the negotiated easement pertaining to the private property involved.
(e) No person acting under authority of this provision may inquire into any process including metallurgical, chemical, oil refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the public sewers.
Sec. 11.622. Authority to disconnect service.
(a) The city may terminate water and wastewater disposal service and disconnect an industrial customer from the system when:
(1) Acids or chemicals damaging to sewer lines or treatment process are released to the sewer causing rapid deterioration of these structures or interfering with proper conveyance and treatment of wastewater;
(2) A governmental agency informs the city that the effluent from the wastewater treatment plant is no longer of a quality permitted for discharge to a water course, and it is found that the customer is delivering wastewater to the city's system that cannot be sufficiently treated or requires treatment that is not provided by the city as normal domestic treatment; or
(3) The industrial customer:
(A) Discharges industrial waste or wastewater that is in violation of the permit issued by the approving authority;
(B) Discharges wastewater at an uncontrolled, variable rate in sufficient quantity to cause an imbalance in the wastewater treatment system;
(C) Fails to pay monthly bills for water and sanitary sewer service when due; or
(D) Repeats a discharge of prohibited wastes to public sewers.
(b) If service is disconnected pursuant to subsection (a)(2) of this section, the city shall:
(1) Disconnect the customer;
(2) Supply the customer with the governmental agency's report and provide the customer with all pertinent information; and
(3) Continue disconnection until such time as the industrial customer provides additional pretreatment or other facilities designed to remove the objectionable characteristics from his industrial wastes.
Sec. 11.623. Notice.
The city shall service persons discharging in violation of this article with written notice stating the nature of the violation and providing a reasonable time limit for satisfactory compliance.
Sec. 11.624. Continuing prohibited discharges.
No person may continue discharging in violation of this article beyond the time limit provided in the notice.
Sec. 11.625. Penalty.
(a) A person who continues prohibited discharges is guilty of a misdemeanor and upon conviction is punishable by a fine in accordance with the general penalty provision found in section 1.106 of this Code for each act of violation and for each day of violation.
(b) In addition to proceeding under authority of subsection (a) of this section, the city is entitled to pursue all other criminal and civil remedies to which it is entitled under authority of statutes or other ordinances against a person continuing prohibited discharges.
Sec. 11.626. Failure to pay.
In addition to sanctions provided for by this article, the city is entitled to exercise sanctions provided for by the other ordinances of the city for failure to pay the bill for water and sanitary sewer service when due.
Sec. 11.627. Penalty for criminal mischief.
The city may pursue all criminal and civil remedies to which it is entitled under authority of statutes and ordinances against a person negligently, willfully or maliciously causing loss by tampering with or destroying public sewers or treatment facilities.
(Ord. No. 21, 5-19-1972)
ARTICLE 11.700. REGULATION OF OIL AND GAS WELLS
Sec. 11.701. Definitions.
Generally, all technical or oil and gas industry words, terms, or phrases used herein and not specifically defined in this section, shall have the meaning customarily attributable thereto by prudent operators in the oil and gas industry.
(1) "Permittee" means the person to whom the town issues a permit to drill and operate a well under the provisions of this section, and his or its administrators, executors, heirs, successors and assigns.
(2) "Well" means any hole or holes, bore or bores, which is or are drilled, bored, dug, sunk, or put down to any depth, strata, sand or information for all the purpose of exploring for or ascertaining the existence of any oil, gas, liquid hydrocarbon or for the purpose of producing and recovering any oil, gas or liquid hydrocarbon.
Sec. 11.702. Well drilling and operation permit.
No person shall commence to drill an oil, gas or any other type of well, other than a water well, within the corporate limits of Ponder until a permit therefore has been issued by authority of the town council.
(1) Permit application. Every application for a permit to drill and operate a well shall be submitted to the city secretary and signed by the applicant or by a person duly authorized to sign on behalf of the applicant. A separate application shall submitted for each well proposed for drilling and shall include the following information:
(A) The date of applicant.
(B) The name and address of the applicant.
(C) The proposed site of the well, accompanied by a scale drawing depicting the well site and existing residences, businesses and public streets within 1,000 feet.
(D) The name(s) of the land owner(s).
(E) A brief description of the land.
(F) Whether the well shall be drilled as an oil well or gas well.
(G) The proposed depth of the well.
Every permit application shall be accompanied by a filing fee as provided for in the fee schedule found in the appendix of this Code.
(2) Well locations.
(A) No oil, gas or other well other than a water well, shall be drilled within 500 feet of any residence of building without written permission from the owner(s) thereof. No well shall be drilled within 50 feet of the boundary line of any city street, alley, or public way; nor shall such public thoroughfares be blocked or encumbered by any drilling or production operation without written permission by the town council.
(B) The town council may grant variances to such distance limitation upon such conditions, as the council may deem necessary.
(3) General.
(A) Standard operating procedures under the applicable rules and regulations of the Railroad Commission of the State of Texas, as well as those ordinary practices adhered to by prudent operators in this area shall be followed in:
(i) The setting and cementing of surface casing and oil strings.
(ii) The testing of surface pipes and oil strings.
(B) Two fluid-operated, blowout preventers shall be used for all drilling or completion operations involving the use of drill pipe casing or tubing after surface casing has been set. The mechanical operation of blowout preventers shall be tested at reasonable intervals and in addition, they shall be tested with pump pressure frequently enough to insure good working order at all times.
(C) All wells shall be equipped with wellhead assemblies and Christmas trees of working and test pressures as provided in applicable rules and regulation of the Railroad Commission of the State of Texas and in addition, shall conform with standard practice and procedures used by prudent operators in this area.
(D) Any rubbish or debris that might constitute a fire hazard shall be removed to a distance of at least 100 feet from the vicinity of wells. All wastes shall be disposed of in such a manner as to avoid creating a fire hazard or polluting streams and fresh water strata.
(E) All producing wells shall be protected with a six-foot woven fence having a barbered wire guard at the top and a gate with lock.
(F) Only portable slush tanks for mud and water shall used in drilling and reworking operations unless an exception is granted by the town council, permitting the use of earthen pits. Portable tanks and their contents shall be removed from the drilling site within ten days after completion or abandonment of the well. Earthen pits, if permitted, shall be back-filled and leveled within 120 days after such completion or abandonment.
(G) Motive power for all operations after completion of drilling operation shall be electric or properly muffled gas, diesel, or gasoline engines. All pumping wells shall be equipped with electric motors, gas lift facilities, or properly muffled gas or gasoline engines.
(H) Permittee shall make adequate provision for the disposal of all salt water of other impurities, which he may bring to the surface, such disposal to be made in such a manner as not to contaminate the fresh water supply, present or prospective, or to injure surface vegetation.
(I) In order to protect the fresh water sands which are the source of water supply for this town, the casing program of all wells drilled hereafter in this town not otherwise excepted from the terms of this section shall include surface casing of new or reconditioned pipe. Fresh water sands to be protected are herein defined as those above a minimum depth of 850 feet or greater depth as stipulated by the Texas Water Commission or Railroad Commission in the event special field rules are adopted, but in no instance to a depth less than 1,150 feet and cement with sufficient cement to fill the annulus from the casing set depth to the surface and provide return or uncontaminated cement at the surface.
Cement shall be by pump and plug method. Cement shall be allowed to stanch a minimum of 12 hours under pressure and 24 hours before drilling plug or initiating test. After cementing, the surface casing shall be tested by pump pressure of at least 750 pounds per square inch. If, at the end of 30 minutes the pressure shows a drop on 150 pounds per square inch, or more, the casing shall be condensed. After the corrective operations, the casing shall again be tested in the same manner.
It is controlling provided, however, that in the event a permittee can establish to the satisfaction of the town council that said fresh water sands can be adequately protected by use of other means or measures, any or all of the foregoing requirements may be waived by the town council.
(J) Drilling fluids of sufficient weight to exceed the formation pressures of known reservoirs in the area shall be used.
(K) No drill stem tests shall be taken except during daylight hours and then only if the test effluent is produced through an adequate oil and gas separator into storage tanks.
(L) No storage tank shall be located within the town limits unless an exception is granted by the town council permitting the installation of a "tank battery" for retaining the production from a lease until its delivery to a purchaser. Such tanks shall be surrounded by an earthen firewall of such dimensions that it can contain a liquid volume equal to one and a half times the capacity of the tank.
(M) To remove oil, gas, water or other products from a well to storage outside the town council, the permittee is hereby granted rights-of-way and easements on, under, a long or across the town streets, alleys and sidewalks for the purpose of laying, maintaining, repairing, replacing and removing pipe lines so long as production or operations may be continued under this permit. The permittee, however, shall not interfere with or damage existing water, sewer, or gas lines or other facilities or public utilities located within such right-of-way or easements. Pipe line crossings of paved or blacktopped streets shall be bored or jacked unless written authorization for open ditching is given by the town council. All pipe line construction and operations shall conform with applicable API specifications, Town of Ponder Ordinances, and regulations of the Railroad Commission of Texas.
(N) No venting of gas from a well shall be permitted within the town limits.
(O) Whenever a well is abandoned, it shall be the obligation of the permittee to set a cast bridge plug in the top of all the remaining completion and protection casting sections and a 100-foot cement plug pumped below and above each such bridge plug; and to set a cast iron bridge plug as low possible in the surface casing and a 100-foot cement plug pumped below and above such bridge plug. No surface string or conductor string of casing may be pulled and removed from a well. The production string of casing may be removed from point 100 feet or more above the shoe of the protection string. Whenever any such well is abandoned and plugged, it shall be the further obligation of the permittee and the operator of the well to cut the surface casing off at least six feet below the surface of the ground, to place at least a 25-foot cement plug in the top of the casing, and to weld the top of the casing completely shut with the resulting hole being completely filled to the surface of the ground and duly tamped.
(4) Insurance. The permittee shall carry a policy or policies of standard comprehensive public liability insurance, including contractual liability covering bodily injuries and property damage, naming the permittee to the town, in an insurance company authorized to do business in the state, said policy or policies in the aggregate shall provide for the following minimum coverages;

Bodily Injury: $500,000.00 per person
$1,000,000.00 per accident
Property Damage: $200,000.00

The permittee shall file with city secretary certificates of said insurance at the time such permit is requested. Said insurance policy or policies shall not be canceled without written notice to the city secretary at least ten days prior to the effective date of such cancellation. In the event said insurance policy or policies are canceled, the permit granted shall terminate and permittee's right to operate under said permit shall cease until permittee provides proof of insurance.
Sec. 11.703. Penalty clause.
Any person, firm, or corporation violating any provision of this article shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in accordance with the general penalty provision found in section 1.106 of this Code. Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder.
(Ord. No. 251, 9-2-1999)
Chapter 12 PLANNING AND ZONING
ARTICLE 12.100. ZONING ORDINANCE RETAINED*
__________
*State law reference(s)--Planning and zoning, generally, V.T.C.A., Local Government Code, chs. 211, 212, and 371.
__________
The zoning regulations governing the use of land within the city as adopted by Ordinance 187 and as subsequently amended, is included at the end of this chapter as Exhibit "A." Due to the technical nature of the zoning ordinance, it has been printed for inclusion herein exactly as adopted and subsequently amended and is specifically saved from repeal.
(Ord. No. 00-10, 4-6-2000)
Chapter 12, Exhibit "A" ZONING ORDINANCE
TOWN OF PONDER, TEXAS
ORDINANCE NO. 187
AN ORDINANCE OF THE TOWN OF PONDER, TEXAS, ADOPTING A COMPREHENSIVE ZONING PLAN AND ZONING MAP AND DIVIDING THE CITY INTO SEVERAL DISTRICTS; ESTABLISHING AND PROVIDING FOR ZONING REGULATIONS AND CREATING ZONING DISTRICTS IN ACCORDANCE WITH COMPREHENSIVE PLAN; WITHIN SUCH DISTRICTS REGULATING THE USE OF LAND, BUILDINGS AND STRUCTURES; REGULATING THE HEIGHT, SIZE, AND LOCATIONS OF BUILDINGS; ESTABLISHING DENSITY, OPEN SPACE, SCREENING, AND MINIMUM OFF-STREET PARKING REQUIREMENTS; REGULATING THE ERECTION, REPAIR AND ALTERATION OF ALL BUILDINGS AND STRUCTURES; PROVIDING FOR SPECIFIC USE PERMITS FOR CERTAIN USES; RECOGNIZING NONCONFORMING USES AND STRUCTURES AND PROVIDING RULES FOR THE REGULATION THEREOF; PROVIDING FOR CERTIFICATES OF OCCUPANCY AND COMPLIANCE; DEFINING CERTAIN TERMS; PROVIDING A METHOD OF AMENDMENT; PROVIDING A PENALTY FOR VIOLATION OF SUCH ORDINANCE AND FOR INJUNCTIVE RELIEF TO PERSONS AFFECTED BY THE VIOLATION OF SAID ORDINANCE; PROVIDING A SAVING CLAUSE.
THAT THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF PONDER, TEXAS, AS PASSED AND APPROVED ON THE 2ND DAY OF DECEMBER, 1996, TOGETHER WITH ALL AMENDMENTS THERETO IS HEREBY AMENDED AND REPLACED IN ITS ENTIRETY TO READ AS FOLLOWS:
Section 1. Title.
This ordinance shall be known and may be cited as the "Town of Ponder Zoning Ordinance".
Section 2. Purpose.
Zoning regulations and districts are herein established in accordance with a Comprehensive Plan for the purpose of promoting the health, safety, morals and general welfare of the citizens of the Town. They are designed to lessen 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; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. They have been established with reasonable consideration for the character of each 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 Town.
(Ord. No. 187, 12-2-1996)
Section 3. Zoning Districts Established.
3.1 Zoning Districts Identified. The Town of Ponder, Texas, is hereby divided into the following zoning districts. The districts established herein shall be known as:

Abbreviated
Designation Zoning District Name
A Agricultural District
SF-E Single Family Residential District Estate
SF-1 Single Family Residential District 1
SF-2 Single Family Residential District 2
SF-3 Single Family Residential District 3
TF Two Family Residential (Duplex) District
MF Multifamily District
C-1 Commercial District Office, Light Retail, and Neighborhood Services
C-2 Commercial District General
M-1 Manufacturing/Industrial District Light
M-2 Manufacturing/Industrial District Heavy
FP Flood Plain District
PD Planned Development District
HD Historical District

(Ord. No. 258, 9-30-1999)
13.21 Description and Purpose of Zoning Districts
A--Agricultural District: This district provides for the continuance of farming ranching, and gardening activities on land being utilized for these purposes. When land in an Agricultural District is needed for urban purposes, it is anticipated the zoning will be changed to the appropriate zoning district(s) to provide for orderly growth and development in accordance with the Comprehensive Plan. See Section 8: A--Agricultural District Regulations.
SF-E--Single Family Residential District--Estate: The SF-E district provides for residential development on large lots with a minimum building site of 43,000 square feet and a minimum living area of 2,000 square feet. Density in the district will usually be greater the one (1) unit per gross acre. See Section 9: SF-E--Single Family Residential District--Estate Regulations.
SF-1--Single Family Residential District--1: The SF-1 district provides for a minimum residential building site of 10,890 square feet and a minimum living area of 1,450 square feet. Density in this District will usually be no greater than four (4) units per gross acre. See Section 10: SF-1--Single Family Residential District Regulations.
SF-2--Single Family Residential District--2: The SF-2 district provides for a minimum residential building site of 7,260 square feet and a minimum living area of 1,200 square feet. Density in this district will usually range from four (4) to six (6) units per gross acre. See Section 11: SF-2--Single Family Residential District Regulations.
(Ord. No. 187, 12-2-1996)
SF-3--Single Family Residential District--3: The SF-3 district provides for minimum residential building site of 6,000 square feet and a minimum living area of 1,200 square feet. Density in this area will usually range from three and one-half (3.5) to 6 units per gross acre.
(Ord. No. 258, 9-30-1999)
TF--Two Family Residential (Duplex) District: The TF district provides for stable quality residential development, including duplex, garden (patio) home, and similar residential development with densities ranging from four (4) to twelve (12) units per gross acre. See Section 12: TF--Two Family Residential (Duplex) District Regulations.
MF--Multi-Family District: The MF district permits multifamily developments of maximum densities of twenty-five (25) units per acre, except under special mitigating conditions. See Section 13 for MF --Multiple-Family Dwelling District Regulations.
C-1--Commercial District--Office, Light Retail and Neighborhood Services: Retail, commercial, and office uses developed under the standards of the C-1 District are designed to provide a compatible relationship between the C-1 development and adjacent residential areas. See Section 14 for C-1--Commercial District-Office, Light Retail, and Neighborhood Services Regulations.
C-2--Commercial District--General: Uses which require considerable space for display, sales, or open storage, or by the nature of the use are generally not compatible with residential uses are located in the C-2 Commercial District. See Section 15 for C-2--Commercial District General Regulations.
M-1--Manufacturing/Industrial District--Light: The Light Manufacturing/Industrial District is established to accommodate uses of a non-nuisance type located in relative proximity to residential and C-1 business areas. Development in the M-1 district is limited primarily to certain wholesale, manufacturing and research uses of a type with will not create nuisances. See Section 16 for M-1--Manufacturing/Industrial District Light Regulations.
M-2--Manufacturing/Industrial District--Heavy: The Heavy Manufacturing/Industrial District is established to accommodate industrial uses not appropriate for inclusion in the M-1 district and likely to create noise, traffic, odor and/or other conditions incomparable with most residential and commercial uses. See Section 17 for M-2--Manufacturing/Industrial District Heavy Regulations.
FP--Flood Plain District: Zoning districts located in flood hazard areas which are subject to periodic inundation shall be preceded by the prefix FP, indicating a subdistrict. Areas designed FP may be used only for those uses listed in the provisions of Section 18 until a use in any area or any portion thereof located in FP subdistrict has been approved by the Town Council. Approval shall only be given after engineering studies determine that the area, or any portion thereof, is suitable for uses in the District, and building construction or development would not create an obstruction to drainage nor a hazard to life or property, and that such construction is not contrary to the public interest. See Section 18 for FP--Flood Plain District Regulations.
PD--Planned Development District: The Planned Development District is a district which accommodates planned associations of uses developed as integral land use units such as industrial districts, offices, commercial or service centers, shopping centers, residential developments of multiple or mixed housing including attached single-family dwellings or any appropriate combination of uses which may be planned, developed or operated in integral land use units either by a single owner or a combination of owners. A PD District may be used to permit new or innovative concepts in land utilization not permitted by other zoning districts in this ordinance. While greater flexibility is given to allow special conditions or restrictions which would not otherwise allow the development to occur, procedures are established herein to ensure against misuse of increased flexibility. See Section 19 for PD--Planned Development District Regulations.
HD--Historical District: The term "historic landmark" shall mean any building, structure, site, district, area or land of architectural, historical, archaeological or cultural importance or value which the Town Council determines shall be protected, enhanced and preserved in the interest of the culture, prosperity, education and general welfare of the people. See Section 20 for H--Historical District Regulations.
Section 4. Zoning District Map.
4.1 Zoning District Boundaries Delineated on Zoning District Map. The boundaries of the zoning Districts set out herein are delineated upon the Zoning District Map of the Town of Ponder, Texas, said map being hereby adopted as part of this ordinance as fully as if the same were set forth herein in detail.
4.2 Regulations for Maintaining Zoning District Map. Two (2) original, official, and identical copies of the Zoning District Map are hereby adopted bearing the signature of the Mayor and attestation of the Town Secretary and shall be filed and maintained as follow:
A. One copy shall be filed with the Town Secretary, to be retained as the original record and shall not be changed in any manner.
B. One copy shall be filed with the Building Official and shall be maintained up-to-date by posting hereon all changes and subsequent amendments for observation in issuing building permits and for enforcing the Zoning Ordinance. A written record (logbook) shall be kept by the Building Official of all changes made to the Zoning District Map.
C. Reproductions of the official Zoning District Map may be made for information purposes.
Section 5. Zoning District Boundaries.
5.1 Rules for Determining District Boundaries. The district boundary lines shown on the Zoning District Map are usually along streets, alleys, property lines, or extensions thereof. Where uncertainty exists as to the boundaries of districts as shown on the official Zoning Map, the following rules shall apply:
A. Boundaries indicated as approximately following streets, highways, or alleys shall be construed to follow the centerline of such street, highway, or alley.
B. Boundaries indicated as approximately following platted lot lines shall be construed as following such lines.
C. Boundaries indicated as approximately following town limits shall be construed as following town limits.
D. Boundaries indicated as following railroad or utility lines shall be construed to be the centerline of the right-of-way; if no centerline is established, the boundary shall be interpreted to be midway between the right-of-way lines.
E. Boundaries indicated as parallel to or extensions of features indicated in 5.1.A through 5.1.D above shall be construed. Distances not specifically indicated on the original Zoning Map shall be determined from the graphic scale on the map.
F. Whenever a street, alley or other public way is vacated by official action of the Town Council, or whenever a street or alley 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 way, and all areas so involved shall then and henceforth be subject to all regulations of the extended districts.
G. Where physical features of the ground are at variance with information shown on the official zoning district, map, or if there arises a question as to how a parcel of property is zoned and such question cannot be resolved by the application of subsections 5.1.A through 5.1.F, or the zoning of property is invalidated by a final judgment of a court of competent jurisdiction, the property shall be considered as classified A Agricultural District, temporarily. In an area determined to be temporarily classified as A--Agricultural District, no person shall construct, add or alter any building or structure or cause the sale to be done, nor shall any use be located therein or on the land which is not permitted in an A--Agricultural District, unless or until such territory has been zoned to permit such use by the Town Council. It shall be the duty of the Town Council to determine a permanent zoning for such area as soon as practical.
Section 6. Zoning of Annexed Territory.
6.1 Permanent Zoning Concurrent with Zoning. An area or areas being annexed to the Town of Ponder shall ordinarily be given permanent zoning concurrently with the annexation.
6.2 Temporary Classification. In instances in which the zoning of an annexed territory concurrently with the annexation is impractical, the annexed territory shall be temporarily classified as A --Agricultural District, until permanent zoning is established by the Town Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedure established by law for the adoption of original zoning regulations. The Town Council shall determine a permanent zoning for such area as soon as practical after annexation.
6.3 Regulations in Areas Temporarily Classified. In an area temporarily classified as A--Agricultural District:
A. No person shall erect, construct, or proceed or continue with the erection or construction of any building or structure or cause the same to be done in any newly annexed territory to the Town of Ponder without first applying for and obtaining a building permit or certificate of occupancy from the Building Official, the Town Council or the Town Secretary, as may be required.
B. 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 permitted in a zoning District other than the Agricultural District by the Town Council in the manner prescribed by law.
Section 7. Compliance with Zoning Regulations.
7.1 Compliance With Zoning Regulations Required. All land, buildings, structures, or appurtenances thereon located within the Town of Ponder which are hereafter occupied, used, erected, altered, removed, placed, demolished, or convened shall be occupied, used, erected, altered, removed, placed, demolished, or converted in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located as hereinafter provided.
7.2 Building Permits Prohibited Without Plat. No permit for the construction of placement of a building or buildings upon any tract or plot shall be issued unless the plot or tract is part of a plat of record, properly approved by the Planning and Zoning Commission and Town Council and filed in the Plat Records of county or counties in which the plot or tract is located.
7.3 Exclusions. Nothing herein contained shall require any change in the plans, construction, or designated use of a building under construction at the time of the passage of this ordinance and which entire building shall be completed within one (1) year from the date of passage of this ordinance.
7.4 One Main Building on a Lot or Tract. Only one main building for one family or two-family use with permitted accessory buildings may be located upon a lot or tract. Every dwelling shall face or front upon a public street or approved place other than an alley, which street or approved place shall have a minimum width of twenty-two (22) feet. Where a lot is used for retail and dwelling purposes, more than one main building may be located upon the lot but only when such buildings conform to all the open space, parking, and density requirements applicable to the uses in that district. Whenever two or more main buildings, or portions thereof, are placed upon a single lot or tract and such buildings will not face upon a public street, the same may be permitted when the site plan for such development is approved by the Town Council. No parking area, storage area, or required open space for one building shall be computed as being the open space, yard, or area requirements for any other dwelling or other use.
Section 8. A--Agricultural District.
8.1 General Purpose and Description. The Agricultural District is intended to apply to land situated on the fringe of an urban area, used for agricultural purposes and which may become an urban area in the future. Therefore, the agricultural activities conducted in the Agricultural District should not be detrimental to urban land uses and intensity of use permitted in this district is intended to encourage and protect agricultural uses until urbanization is warranted and the appropriate change in district classification is made.
8.2 Permitted Uses. A building or premise shall be used only for the following purposes:
A. Single-family dwellings on building lots of two (2) acres or more in areas where said dwellings can be adequately served by town utilities or septic tanks located on the building lot.
B. Telephone exchange, provided no public business and repair or outside storage facilities are maintained; gas lines; and gas regulating stations.
C. Accessory buildings and structures clearly incidental to agricultural operations, including but not limited to barns, stables, equipment sheds, granaries, private garages, pump houses, and servants quarters not for rent, provided that the total area of buildings and structures shall be limited to ten percent (10%) of the gross land area of tract.
D. Temporary metal buildings of less than six hundred (600) square feet which are used for tool and supply storage.
E. Other uses as listed in Section 22 of this ordinance.
8.3 Permitted Specific Uses. The following specific use shall be permitted in the Agricultural District, when granted in accordance with Section 25:
A. Uses as listed in Section 22 of this ordinance.
8.4 Height and Area Regulations. See Appendix A-4, Area, Setback, Height, and Coverage Regulations.
8.5 Parking Regulations. Two (2) covered spaces behind the front yard line for single family dwelling units. Other off-street parking space regulations are set forth in Section 26.
Section 9. SF-E--Single Family Residential--Estate District.
9.1 General Purpose and Description. The Single Family Residential Estate District is designed to accommodate single family residential development on large lots. The district can be appropriately located in proximity to agricultural and standard single family residential uses. Densities in this district will not exceed one (1) unit per gross acre.
9.2 Permitted Uses. A building or premise in an SF-E District shall be used only for the following purposes:
A. Uses as listed in Section 22 of this ordinance.
9.3 Permitted Specific Uses. The following specific uses shall be permitted in an SF-E District, when granted in accordance with Section 25:
A. Uses as listed in Section 22 of this ordinance.
9.4 Height and Area Regulations. See Appendix A-4, Area, Setback, Height, and Coverage Regulations.
9.5 Parking Regulations. Two (2) covered spaces behind the front yard line for single family dwelling units. Other off-street parking spaces regulation are set forth in Section 26.
Section 10. SF-1--Single Family Residential District--1.
10.1 General Purpose and Design. The Single Family Residential District--1 is designed to accommodate the standard single family residential development. The district can be appropriately located in proximity to multifamily residential areas and certain neighborhood local retail and office uses. Densities in this district will not exceed four (4) units per gross acre.
10.2 Permitted Uses. A building or premise in an SF-1 District shall be used only for the following purposes:
A. Uses as listed in Section 22 of this ordinance.
10.3 Permitted Specific Uses. The following specific uses shall be permitted in an SF-1 District, when granted in accordance with Section 25:
A. Uses as listed in Section 22 of this Ordinance.
10.4 Height and Area Regulations. See Appendix A-4, Area, Setback, Height, and Coverage Regulations.
10.5 Parking Regulations. A minimum of two (2) covered, enclosed parking spaces shall be provided per unit behind the building line. Other off-street parking space regulations are set forth in Section 24.
Section 11. SF-2--Single Family Residential District--2.
11.1 General Purpose and Description. The Single Family Residential District--2 is intended to provide for medium density single family residential development. This district functions as a buffer or transition between major street, non-residential areas and lower density residential areas. Density in this district will range between four (4) and six (6) units per gross acre.
11.2 Permitted Uses. A building or premise shall be used only for the following purposes:
A. Uses as listed in Section 22 of this ordinance.
11.3 Permitted Specific Uses. The following specific uses shall be permitted in an SF-2 district, when granted in accordance with Section 25:
A. Uses as listed in Section 22 of this ordinance.
11.4 Height and Area Regulations. See Appendix A-4, Area, Setback, Height, and Coverage Regulations.
11.5 Parking Regulations. A minimum of one (1) covered parking space shall be provided per unit behind the front yard line. Other off-street parking space regulations are set forth in Section 26.
Section 12. TF--Two Family Residential (Duplex) District.
12.1 General Purpose and Description. The purpose of the Two Family Residential (Duplex) District is to promote stable, quality residential development of slightly increased densities. Consistent with the town's Comprehensive Plan, this district may be used as a "buffer" district between low density and high density districts or between residential and non-residential districts.
12.2 Permitted Uses. A building or premise shall be used only for the following purposes:
A. Uses as listed in Section 22 of this ordinance.
12.3 Permitted Specific Uses. The following specific uses shall be permitted in the TF District, when granted in accordance with Section 25:
A. Uses as listed in Section 22 of this ordinance.
12.4 Height and Area Regulations. See Appendix A-4, Area, Setback, Height, and Coverage Regulations.
12.5 Parking Regulations. Off-street parking shall be provided in accordance with the requirements for uses set forth in Section 26.
(Ord. No. 187, 12-2-1996)
Section 12[.1]. SF-3 (Single Family Residential District-3).*
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*Editor's note--Ordinance No. 259 creating this section purported to establish a new Section 12 to the zoning ordinance. Establishment of the new Section 12 is duplicative; therefore, at the editor's discretion, the new Section 12 has been added as Section 12[.1] in order avoid confusion between sections and to provide for ease in indexing.
Cross reference(s)--See also Section 42 of this Zoning Ordinance.
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12[.1].1 General Purpose and Description. The Single Family Residential District-3 is intended to provide for medium to higher density single family residential development. This district functions as a buffer or transition between major Street and nonresidential areas. Density in this district will range between three and a half (3.5) and six (6) units per gross acre.
12[.1].2 Permitted Uses. A building or premise shall be used only for the following purposes:
A. Uses as listed in Section 22.
12[.1].3 Permitted Specific Uses. The following specific uses shall be permitted in a SF-3 district, when granted in accordance with Section 25.
A. Uses listed in Section 22 of this ordinance.
12[.1].4 Height and Area Regulations. See Appendix A-2, Area, Setback, Height, and Coverage Regulations.
12[.1].5 Parking Regulations. A minimum of one (1) covered parking space shall be provided per unit behind the front yard line. Other, off-street parking space regulations are set forth in Section 26.
(Ord. No. 259, 9-30-1999)
Section 13. MF--Multifamily Residential District.
13.1 General Purpose and Description. The Multifamily Residential District is intended to provide for medium to higher density residential development. This district functions as a buffer or transition between major street, non-residential areas, or higher density residential areas and lower density residential areas. Density in this district can reach a maximum of twenty-five (25) units per gross acre.
13.2 Permitted Uses. A building or premise shall be used only for the following purposes:
A. Three (3) or more single family attached dwelling units, provided that no more than seven (7) dwelling units are attached in one continuous row or group.
B. Other uses as listed in Section 22 of this ordinance.
13.3 Permitted Specific Uses. The following specific uses shall be permitted when granted in accordance with Section 25.
A. Uses as listed in Section 22 of this ordinance.
13.4 Height and Area Regulations. See Appendix A-4, Area, Setback, Height, and Coverage Regulations.
13.5 Parking Regulations. Two and one-half (2.5) off-street parking spaces shall be provided per unit. Required parking may not be provided within the required front yard. Other off-street parking spaces regulations are set forth in Section 26.
13.6 Refuse Facilities. Every dwelling unit in a multi-family complex shall be located within two hundred fifty (250) feet of a refuse facility, measured along the designated pedestrian and vehicular travel way. There shall be available at all times at least six (6) cubic yards of refuse container per thirty (30) multifamily dwelling units. For complexes with less than thirty (30) units, no less than four (4) cubic yards of refuse container shall be provided. Each refuse facility shall be screened for view on three (3) sides from persons standing at ground level on the site or immediately adjoining property, by an opaque fence or wall of wood or masonry not less than six (6) feet nor more than eight (8) feet in height or by an enclosure within a building. Refuse containers shall be provided and maintained in a manner to satisfy city public health and sanitary regulation. Each refuse facility shall be located so as to provide safe and convenient pickup by refuse collection agencies.
13.7 Screening Fence. Border fencing of wood or masonry of not less than six (6) feet in height shall be installed by the builder at the time of constructions of any multifamily complex, along the property line on any perimeter not abutting a public street or right-of-way. This fence shall be maintained throughout the existence of the multifamily complex by the owner of the complex.
13.8 Special Fire Protection Requirements. Each building in the development shall contain an automatic sprinkler system to be installed at the time of the construction, and thereafter operated in accordance with currently applicable fire safety codes.
In addition, each unit in any multi-story design, regardless of density, shall be provided with two (2) points of entry and exit with each providing separate access to places of safety in the event of fire and other emergency.
Section 14. C-1--Commercial District Office, Light Retail and Neighborhood Services.
14.1 General Purpose and Description. The Commercial District C-1 is intended for office facilities, neighborhood shopping facilities, and retail and commercial facilities of a service character. The C-1 District is established to accommodate the daily and frequent needs of the community. The following regulations shall be applicable to all uses in the district:
A. The business shall be conducted wholly within an enclosed building;
B. Required yards shall not be used for display, sale, or storage of merchandise or for the storage of vehicles, equipment, container, or waste material;
C. Such use shall not be objectionable because of odor, excessive light, smoke, dust, noise, vibration, or similar nuisance.
14.2 Permitted Uses. A building or premise shall be used only for the following purposes:
A. Discount, variety, or department store of not greater than twenty thousand (20,000) square feet floor space.
B. Food store with floor space not greater than twenty thousand (20,000) square feet.
C. Gasoline service station (no garage or automobile repair facilities).
D. Other uses as listed in Section 22 of this ordinance.
14.3 Permitted Specific Uses. The following specific uses shall be permitted in the C1 District, when granted in accordance with Section 25:
A. Broadcasting facilities, radios, television, or microwave tower.
B. Gasoline service station with associated minor automobile repair facility with floor space not greater than two thousand five hundred (2,500) square feet.
C. Other uses as listed in Section 22 of this ordinance.
14.4 Height and Area Regulations. See Appendix A-4, Area, Setback, Height, and Coverage Regulations.
14.5 Parking Regulations. Off-street parking and loading shall be provided as set forth in Section 26.
Section 15. C-2--Commercial District General.
15.1 General Purpose and Description. The General Commercial District-2 is intended to provide a zoning category similar to the C-1 District, except that additional uses are permitted which are not generally carried on completely within a building or structure and expanded range of service and repair uses is permitted.
15.2 Permitted Uses. A building or premise shall be used only for the following purposes:
A. Uses as listed in Section 22 of this ordinance.
15.3 Permitted Specific Uses. The following specific uses shall be permitted in a C-2 District, when granted in accordance with Section 25:
A. Other uses as listed in Section 22 of this ordinance.
15.4 Height and Area Regulations. See Appendix A-4, Area, Setback, Height, and Coverage Regulations.
15.5 Parking Regulations. Off-street parking requirements shall be provided in accordance with Section 26.
Section 16. M-1--Manufacturing/Industrial District--Light.
16.1 General Purpose and Description. The Light Manufacturing/Industrial District is established to accommodate those uses which are a non-nuisance type located in relative proximity to residential areas, and to preserve and protect land designated on the Comprehensive Plan for industrial development and use from the intrusion of certain incompatible uses which might impede the development and use of lands for industrial purposes. Development in the M-1 District is limited primarily to fabrication of materials, and specialized manufacturing and research institutions, all of a non-nuisance type. No use or types of uses specifically limited to the M-2 District may be permitted in the M-1 District.
Uses permitted in the M-1 District are subject to the following conditions:
A. All business, servicing, or processing, except for off-street loading, display or merchandise for sale to the public, and establishments of the "drive-in" type, shall be conducted within completely enclosed areas.
B. All storage within one hundred (100) feet of a residential district, except for motor vehicles in operable condition, shall be within completely enclosed buildings or effectively screened with screening not less then six (6) feet nor more than eight (8) feet in height, providing no storage located within fifty (50) feet of such screening shall exceed the maximum height of screening.
C. Permitted uses in the M-1 District shall not disseminate dust, fumes, gas, noxious odor, smoke, glare, or other atmospheric influence.
D. Permitted uses in the M-1 District shall produce no noise exceeding in intensity, at the boundary of the property, the average intensity of noise of street traffic.
E. Permitted uses in the M-1 District shall not create fire hazards on surrounding property.
16.2 Permitted Uses. A building or premise shall be used only for the following purposes:
A. Uses as listed in Section 22 of this ordinance.
16.3 Permitted Specific Uses. The following specific uses shall be permitted in the M-1 District when granted in accordance with Section 25:
A. Factory outlet retail or wholesale store for the sales and servicing of goods or materials on the same premises as the manufacturing company to which they are related, including sales and service in a separate building or buildings.
B. Railroad freight terminals, railroad switching and classification yards, repair shops, and roundhouses.
C. Other uses as listed in Section 22 of this ordinance.
16.4 Height and Area Regulations. See Appendix A-4, Area, Setback, Height, and Coverage Regulations.
16.5 Parking Regulations. Off-street parking requirements shall be provided in accordance with the specific uses set forth in Section 26
Section 17. M-2--Manufacturing/Industrial District--Heavy.
17.1 General Purpose and Description. The Heavy Manufacturing/Industrial District is established to accommodate most industrial uses and protect such areas from the intrusion of certain incompatible uses which might impede the development and use of lands for industrial purposes.
Uses permitted in the M-2 District are subject to the following conditions:
A. All business, servicing, or processing, except for off-street parking, off-street loading, display of merchandise for sale to the public, and establishments of the "drive-in" type, shall be conducted within completely enclosed buildings unless otherwise indicated.
B. All storage within one hundred (100) feet of a residential district, except for motor vehicles in operable condition, shall be within completely enclosed buildings or effectively, screened with screening not less then six (6) feet nor more than eight (8) feet in height, provided no storage located within fifty (50) feet of such screening shall exceed the maximum height of such screening.
C. All uses permitted in the M-2 district must meet the following performance standards and any appropriate city ordinances:
1. Smoke: No operation shall be conducted unless it conforms to the standards established by any state and federal health rules and regulations pertaining to emission of particulate matter;
2. Particulate Matter: No operation shall be conducted unless it conforms to the standards established by applicable state and federal health rules and regulations pertaining to emission of particulate matter;
3. Dust, Odor, Gas, Fumes, Glare, or Vibration: No emission of these matters shall result in a concentration at or beyond the property line which is detrimental to the public health, safety or general welfare or which causes injury or damage to property; said emissions shall in all cases conform to the standards established by applicable state and federal health rules and regulations pertaining to said emissions;
4. Radiation Hazards and Electrical Disturbances: No operations shall be conducted unless it conforms to the standards established by applicable state and federal health rules and regulations pertaining to radiation control;
5. Noise: No operation shall be conducted in a manner to that any noise produced is objectionable due to intermittence, beat frequency, or shrillness. Sound levels of noise at the property line shall not exceed 75 db (A) permitted for a maximum of fifteen (15) minutes in any one (1) hour, said operation shall in all cases conform to the standards established by applicable state and federal health rules and regulations and to other town ordinances pertaining to noise; and
6. Water Pollution: No water pollution shall be emitted by manufacturing or other processing. In a case in which potential hazards exist, it shall be necessary to install safeguards acceptable to the appropriate state and national health and environmental protection agencies prior to issuance of a certificate of occupancy. The applicant shall have the burden of establishing that said safeguards are acceptable to said agency or agencies.
17.2 Permitted Uses. The following uses shall be permitted:
A. Uses as listed in Section 22 of this ordinance.
17.3 Permitted Specific Uses. The following specific uses shall be permitted in the M-2 District when granted in accordance with Section 25:
A. Uses as listed in Section 22 of this ordinance.
Other manufacturing and industrial uses which do not meet the general definition for manufacturing processes may be permitted by the Town Council after public hearing and review of the particular operational characteristics of each such use, and other pertinent data affecting this community's general welfare. Approval of uses under this section shall be made in accordance with Section 32.2.B.6.
17.4 Height and Area Regulations. See Appendix A-4, Area, Setback, Height, and Coverage Regulations.
17.5 Parking Regulations. Required off-street parking shall be provided in accordance with the specific uses set forth in Section 26.
Section 18. FP--Flood Plain District Regulations.
18.1 General Purpose and Description. The Flood Plain District is designed to provide for the appropriate use of land which has a history of inundation or is determined to be subject to flood hazard, and to promote the general welfare and provide protection from flooding portions of certain districts. Such areas are designated with a Flood Plain prefix, FP.
18.2 Permitted Uses. The permitted uses in that portion of any district having a Flood Plain (FP) prefix shall be limited to the following:
A. Agricultural activities including the ordinary cultivation or grazing of land and legal types of animal husbandry but excluding construction of barns or other outbuildings.
B. Off-street parking incidental to any adjacent main use permitted in the district.
C. Electrical substation.
D. All types of local utilities including those requiring specific use permits.
E. Parks, playgrounds, public golf courses (no structures), and other recreational areas.
F. Private open space as part of a Planned Residential Development.
G. Structures, installations, and facilities installed, operated, and maintained by public agencies for flood control purposes.
H. Bridle trail, bicycle, or nature trail.
18.3 Town Council Approval Required. No structure shall be erected in that portion of any District designated with a Flood Plain, FP, prefix until and unless such structure has been approved by the Town Council after engineering studies have been made and it is ascertained that such building or structure is not subject to damage by flooding and would not constitute an encroachment, hazard, or obstacle to the movement of flood waters and that such construction would not endanger the value and safety of other property or public health and welfare.
Section 19. PD--Planned Development District.
19.1 General Purpose and Description. The Planned Development District is a district which accommodates planned associations of uses developed as integral land use units such as industrial districts, offices, commercial or service centers, shopping centers, residential developments of multiple or mixed housing including attached single-family dwellings or any appropriate combination of uses which may be planned, developed or operated as integral land use units either by a single owner or a combination of owners. A PD District may be used to permit new or innovative concepts in land utilization not permitted by other zoning districts in this ordinance. While greater flexibility is given to allow special conditions or restrictions which would not otherwise allow the development to occur, procedures are established herein to ensure against misuse of increased flexibility.
19.2 Permitted Uses. An application for a PD District shall specify the base district, the use or the combination of uses proposed. Uses which may be permitted in a PD are specified in the Use Charts (Section 22) and must be specified if not permitted in the base district. In the case of residential PD districts for single-family or duplex categories, the proposed lot area shall be no smaller than the lot sizes allowed in the base zoning district except for minor reductions in a small percentage of the lots in order to provide improved design. In selecting a base zoning district, the uses allowed in the base district must be similar or compatible with those allowed in the PD. PD designations shall not be attached to Specific Use Permit requirements. SUPs allowed in a base zoning district are allowed in a PD only if specifically identified at the time of PD approval.
19.3 Planned Development Requirements.
A. Development requirements for each separate PD District shall be set forth in the amending ordinance granting the PD District and shall include, but may not be limited to; uses, density, lot area, lot width, lot depth, yard depths and width, building height, building elevations, coverage, floor area ratio, parking access, screening, landscaping, accessory buildings, signs, lighting, project phasing or scheduling, management associations, and other requirements as the Town Council and Planning and Zoning Commission may deem appropriate.
B. In the PD District, uses shall conform to the standards and regulations of the base zoning District to which it is most similar. The base zoning District shall be stated in the granting ordinance. All applications to the Town shall list all requested deviations from the standard requirements set forth throughout this ordinance. (Applications without this list will be considered incomplete). The Planned Development District shall conform to all other sections of the ordinance unless specifically excluded in the granting ordinance.
C. The ordinance granting a PD District shall include a statement as to the purpose and intent of the PD granted therein. A specific list is required of modifications in each district or Districts and general statement citing the reason for the PD request.
D. The minimum acreage for a planned development request shall be one (1) acre.
19.4 Conceptual or Detailed Site Plan Requirements. In establishing a Planned Development District in accordance with this section, the Town Council shall approve and file as part of the amending ordinance appropriate plans and standards for each Planned Development District. To facilitate understanding of the request during the review and public hearing process, the Planning and Zoning Commission and Town Council shall require a Conceptual Plan of the proposed project. A Detailed Site Plan may be submitted in lieu of the Conceptual Plan.
A. Conceptual Plan--This plan shall be submitted by the applicant at the time of the PD request. The plan shall show the applicant's intent for the use of the land within the proposed Planned Development District in a graphic manner and as may be required, supported by written documentation of proposals and standards for development. The Town may prepare application form(s) which further describe and explain the following requirements:
1. Residential Concept Plan--A Conceptual Plan for residential land use shall show general use, thoroughfares and preliminary lot arrangements. For residential development (such as multi-family) which does not propose individual platted lots, the conceptual plan shall set forth the size, type and location of buildings and building sites, access, density, building height, fire lane, screening, parking areas, landscaped areas, project scheduling, and other pertinent development data.
2. Nonresidential Concept Plan--A Conceptual Plan for uses other than residential uses shall set forth the land use proposals in a manner to adequately illustrate the type and nature of the proposed development. Data which may be submitted by the applicant, or required by the Planning and Zoning Commission or Town Council, may include but is not limited to the types of use(s), topography and boundary of PD area, physical features of the site, existing streets, alleys and easements, location of future public facilities, building height and location, parking ratios, project scheduling and other information to adequately describe the proposed development and to provide data for approval which is to be used in drafting the final Detailed Site Plan.
B. Detailed Site Plan--This plan shall set forth the final plans for development of the Planned Development District and shall conform to the data presented and approved on the Conceptual Plan. Changes of detail on the Detailed Site Plan, which differ from the original Conceptual Plan, but do not alter the basic relationship of the proposed development to adjacent property, the uses permitted, or increase the density, building height or coverage of the site, the off-street parking ratio or reduce the yards provided at the boundary of the site, or does not significantly alter the landscape plans as indicated on the approved Conceptual Plan may be authorized by the Town Council. Approval of the Detailed Site Plan shall be the basis for issuance of a building permit, but does not release the applicant of the responsibility to submit plans to the Building Official for a building permit. For any residential district a preliminary plat shall qualify as the Detailed Site Plan. The Detailed Site Plan may be submitted for the total area of the PD or for any sections or part as approved on the Conceptual Plan.
1. The Detailed Site Plan shall include:
a. For nonresidential developments, a site inventory analysis including a scale drawing showing major existing vegetation, natural water courses, creeks or bodies of water and an analysis of planned changes in such natural features as a result of the development. This should include a delineation of any flood prone areas.
b. A scale drawing showing any proposed public or private streets and alleys; building sites or lots; areas reserved as parks, parkways, playgrounds, utility easements, school sites, street widening and street changes; the points of ingress and egress from existing streets; general location and description of existing and proposed utility services, including size of water and sewer mains; the location and width for all curb cuts and the land area of all abutting sites and the zoning classification thereof on an accurate survey of the tract with a topographical contour interval of not more than five (5) feet.
c. A Site Plan for proposed building complexes showing the location of separate buildings and the minimum distance between buildings and property lines, street lines, and alley lines. Also to be included on the site plan is a plan showing the arrangement and provision of off-street parking.
d. A Conceptual Landscape Plan showing turf areas, screening walls, ornamental planting, wooded areas and trees to be planted.
e. An Architectural Plan (elevations, etc.) showing elevations and signage style to be used throughout the development in all districts, except single-family and two-family, may be required by the Planning and Zoning Commission or Town Council if deemed appropriate.
f. All Detailed Site Plans may have supplemental data describing standards, regulations or other data pertinent to the development of the Planned Development District as appropriate to adequately explain or understand the request.
19.5 Approval Process and Procedure. The procedure for establishing a Planned Development District shall follow this procedure for approval of Conceptual and Detailed Site Plans.
A. The Planning and Zoning Commission shall recommend and the Town Council shall approve a Conceptual Plan or Detailed Site Plan in public hearings. One public hearing at the Planning and Zoning Commission and one at the Town Council for the PD request is adequate when:
1. Information on the Conceptual Plan and attached application is sufficient to determine the appropriate use of the land and the Detailed Site Plan will not deviate substantially from it;
2. The applicant submits adequate data with the request for the Planned Development District to fulfill the requirement for a Detailed Site Plan.
B. If the Detailed Site Plan conforms substantially to the Conceptual Site Plan as approved by the Town Council, then a public hearing on the Detailed Site Plan is not required. The staff shall review the Detailed Site Plan for conformance to the Conceptual Plan and other requirements set forth for a Detailed Site Plan. Approval of a Detailed Site Plan by the City Council is required after review by the Planning and Zoning Commission prior to issuance of a building permit.
If the Detailed Site Plan is not in conformance with the Conceptual Plan, then a public hearing is required by the Planning and Zoning Commission and Town Council prior to approval of the Detailed Site Plan. After approval by the Town Council, a building permit may be issued for the project.
C. The amending ordinance establishing the Planned Development District shall not be approved until the Conceptual or Detailed Site Plan is approved.
1. The Detailed Site Plan may be approved in sections. When a Site Plan is approved in sections, then separate approvals for subsequent sections or phases will be required.
2. A Detailed Site Plan shall be submitted for approval within one (1) year from the date of approval of the Conceptual Plan for all or some portion of the Conceptual Plan. If a Detailed site Plan is not submitted within one (1) year, the Conceptual Plan is subject to review by the Planning and Zoning Commission and Town Council. If some portion of the project is not started within two (2) years, the Planning and Zoning Commission and Town Council may review the original Conceptual Plan or Detailed Site Plan to ensure its continued validity. If the Town Council determines the Conceptual Plan is not valid, a new Conceptual Plan must be approved prior to a Detailed Site Plan for the PD District. Although a new Concept Plan or Detailed Site Plan may be required to be approved, this does not effect the validity of the PD in terms of uses, density, and other development standards permitted in the PD.
19.6 Community Impact Report Requirements. When a PD District is being considered, a written report from the Director of Community Development or his designated representative, discussing the impact on planning, engineering, water utilities, electric, sanitation, building inspection, tax, police, fire, and traffic, and written comments from the applicable public agencies shall be submitted to the Planning and Zoning Commission prior to the Commission making any recommendations to the Town Council.
19.7 Planned Development District Recording Requirements. All Planned Development Districts approved in accordance with the provisions of this Ordinance in its original form, or by subsequent amendments thereto, shall be referenced on the Zoning District Map, and a list of such Planned Development Districts, together with the category of uses permitted therein, shall be maintained as part of this Ordinance.
19.8 Uses or Developments allowed Only by PD. Because of the uniqueness of the following uses in Ponder, they shall be permitted by PD designation only:
A. Single-Family Attached Dwelling (Townhouse).
1. General Purpose and Description: Single-family attached homes or townhomes allow for the development of attached-zero lot line units on individually platted lots.
2. Height Regulations:
a. Maximum Height--Two and one-half (2 1/2) stories for the main structures, one (1) story for accessory buildings.
3. Area Regulations:
a. Minimum Front Yard--Twenty feet (20).
b. Minimum Rear Yard--Twenty feet (20).
c. Side Yard Regulations:
(1) Single-family attached dwellings need not have a side yard except that a minimum fifteen-foot (15) side yard is required adjacent to a street. The ends of any two adjacent building complexes or row of buildings shall be at least twenty feet (20) apart. The required side yards shall be designated upon a plat approved by the Town Council.
(2) A complex of attached single-family dwellings shall have a minimum length of three (3) dwelling units and shall not exceed one hundred fifty feet (150) in length or the width of six attached units.
d. Size of Lots:
(1) Minimum Lot Area--Two thousand seven hundred (2,700) square feet;
(2) Minimum Lot Width--Twenty-five feet (25).
(3) Minimum Lot Depth--Ninety feet (90).
(4) Maximum Lot Coverage--Eighty-five percent (85%) total, including main and accessory buildings.
(5) Minimum Dwelling Unit Size--One thousand two hundred (1,200) square feet per unit.
e. Parking Regulations:
(1) Two (2) enclosed spaces on the same lot as the main structure (see Section 26, additional requirements).
(2) In addition to "e,(1)" above, parking shall be required for any recreational uses, club house, sales offices and visitors. Designated visitor parking spaces shall be provided in common areas at a ratio of one (1) guest/visitor space per four (4) units.
B. Patio Homes.
1. General Purpose and Description: Patio homes allow for development of detached "zero lot line" homes in a modified residential district which encourages greater use of the side yard areas. Clustered lot patterns with a common usable open space system can be incorporated as an integral pan of the development.
2. Location on Lot: Garden (patio) home developments shall be developed as zero lot line homes. One side yard shall be reduced to zero feet, while the other side yard shall be increased to a minimum of ten feet. A minimum three-foot wide maintenance easement shall be placed on the adjacent lot to enable the property owner to maintain his house. Side yards and maintenance easements shall be placed on the subdivision plat. A minimum separation between patio homes of ten (10) feet shall be provided. The combined area of all structures shall not exceed sixty-five percent (65%) of the lot area.
3. Front Yard Setback: The minimum front yard shall be fifteen (15) feet, provided that in no case shall a garage or carport fronting onto a street be less than twenty (20) feet from the property line adjacent to the street. The front yard setback may be staggered, varied, or reduced to a minimum setback of ten (10) feet for lots facing cul-de-sac or loop streets not exceeding four hundred (400) feet in length, with the approval of a site plan or subdivision plat. Under this provision the maximum setback shall be twenty-five (25) feet. A minimum lot depth of sixty-five (65) feet, as measured from front building line to rear lot line, shall be maintained.
4. Rear Yard Setback: The minimum rear yard shall be five (5) feet for a single story structure and fifteen (15) feet for any two-story structure. If access is from an alley, the minimum setback will be twenty (20) feet for garages or carports.
5. Side Yard Setback: The minimum side yard shall be zero (0) feet except that there shall be at least ten (10) feet of separation between structures. When garden (patio) homes are constructed with a zero (O) side yard, five (5) feet on the lot adjacent to the zero (0) setback shall be dedicated as an access easement for the zero (0) setback garden (patio) home. There shall be a minimum of twenty (20) feet from any property line adjacent to a street.
6. Lot Frontage: The minimum frontage of any garden (patio) home shall be twenty-five (25) feet on residential streets and thirty-five (35) feet on collector and thoroughfare streets.
7. Lot Area: The minimum lot area for any development lot for garden (patio) homes shall be two thousand eight hundred (2,800) feet.
8. Maximum Length of Structures: No zero lot line structure shall have an overall length exceeding two hundred and fifty (250) feet.
9. Maximum Height of Structures: No structure shall exceed two (2) stories or thirty-five (35) feet in height.
10. Parking: Two (2) off-street spaces per dwelling unit plus one-half (1/2) space per dwelling unit for visitor parking within six hundred (600) feet of each dwelling unit. The visitor parking requirements may be eliminated or reduced at the time of site plan or subdivision plat approval with a finding that there is adequate on-street parking for visitors.
11. Common Area Maintenance: To insure the long term maintenance of common land and facilities in Patio Home Developments, the following shall be required:
a. Plats and site plans shall be approved subject to the submission of a legal instrument setting forth a plan or manner of permanent care and maintenance of open spaces, recreational areas and other communally owned facilities. No such instrument shall be acceptable until approved by the Town Attorney as to legal form and effect. A Homeowners Association (HOA) is the most widely accepted technique for managing communally owned property. Such association shall provide proof of incorporation prior to issuance of a construction permit.
b. The HOA or other similar management entity shall be organized as a non-profit corporation with automatic membership in the management entity when property is purchased. This shall be specified in the covenants which run with the land and which bind all subsequent owners. Covenants for maintenance assessments shall also run with the land. Included in the maintenance covenants shall be procedures for changing them at stated intervals. Deeds shall also reference the rights and responsibilities of property owners to the management entity. The management entity shall also be responsible for the liability insurance, local taxes, and the maintenance of all commonly held facilities through the use of a pro-rate formula for all property owners.
12. Usable Open Space Requirements: Each parcel of land developed under patio home standards shall provide usable open space totaling fifteen percent (15%) of the area of a patio home development. Such open space shall have a maximum slope of ten percent (10%) and shall be exclusive of street and Alley rights-of-way and/or easements, individually platted lots without open space easements, private yards and patios. The fifteen percent (15%) shall be computed on the percentage of total platted area in a patio home subdivision, excluding right-of-way for major and secondary thoroughfares (as described in the current Comprehensive Plan). At the time of site plan and/or subdivision plat approval, the Town Council may give full or partial credit for open areas that exceed the maximum slope or which are otherwise unusable if it is determined that such areas are environmentally or aesthetically significant and that their existence enhances the development.
13. Additional Landscaping: In addition to any required landscaping for common areas, the front yard and parkway areas shall be landscaped and permanently maintained.
C. Mobile Home Development.
1. General Purpose and Description: The purpose of these regulations is to provide for HUD-code mobile homes. Every mobile home community, whether consisting of a mobile home development, park or subdivision, hereafter created, constructed, enlarged or extended within the Town shall comply with the standards of this section governing design and construction of improvements and the placement of mobile homes.
2. Type of Mobile Home Development: A mobile home subdivision shown on a land subdivision plat approved by the Town Council and filed for record and designed specifically for mobile home development, said mobile home parks or subdivision shall not have a density of more than seven (7) dwelling units per acre.
3. Height Regulations:
a. Principal structure: One (1) story not to exceed fifteen feet (15).
b. Accessory structure: One (1) story not to exceed fifteen feet (15), except storage buildings which shall not exceed ten feet (10) in height.
4. Area Regulations:
a. Minimum front setback--Twenty-five feet (25).
b. Minimum rear yard--Twenty-five feet (25).
However, if the side yard abuts a dedicated street or highway right-of-way, the setback shall be thirty feet (30) from the right-of-way of the dedicated street.
Whenever a mobile home development, a park or subdivision is located adjacent to an existing or zoned residential district without any division such as a dedicated public street, park or permanent open space, all principal buildings or structures shall be set back a minimum of forty feet (40) from the adjoining property line. The setback area shall contain appropriate landscape improvements, fencing, berms or trees to adequately buffer adjoining uses.
[c. Reserved.]
d. Size of Lots:
(1) Mobile home--Only one (1) single-family mobile home shall be permitted on each lot or lot of record or each plot within a mobile home subdivision. Each lot of record within a mobile home subdivision shall contain a minimum of six thousand (6,000) square feet.
(2) The minimum site area which may be developed or used for mobile home purposes shall be ten (10) acres.
e. Minimum Square Footage Per Dwelling Unit: Six hundred (600) square feet.
(1) Two covered spaces per dwelling unit.
(2) Any accessory uses such as a clubhouse, common recreational center, or office shall be required to provide parking according to Section 26.
(3) Adequate guest and visitor parking shall be provided.
(4) Mobile home space access--No mobile home space shall have direct access to a major or collector street (60' width or larger). Each mobile home space shall have direct access to an internal residential street. Internal streets shall be provided to allow access to public streets to allow for the rapid and safe movement of vehicles used for emergency purposes of providing health and public safety services. Each emergency access or internal street shall have a clear unobstructed width of thirty-four feet (34) and shall have a turnaround of eighty feet (80) diameter, corners of intersecting streets shall have sufficient turning area to permit free movement of emergency vehicles.
All streets within a mobile home development, park or subdivision shall be constructed to meet town standards and shall include rolled curb and gutter.
5. Other Regulations:
a. Development Standards--All mobile home developments, parks or subdivisions shall be constructed in accordance with the Town of Ponder Subdivision Ordinance except as otherwise specified within this section of the ordinance.
All mobile home structures located within a mobile home development, park or subdivision shall be manufactured to either meet or exceed the current Housing and Urban Development mobile home manufacturing standards as well as any additional standards as required by the Town.
No mobile home, house trailer, dwelling or other structure permitted in the mobile home special use may be erected, altered, placed, moved or convened on any lot or tract unless it is in conformity with all minimum area regulations specified in this section of the ordinance.
b. The following uses shall be permitted as accessory uses of a mobile home subdivision:
(1) Mobile home space rental office.
(2) Common swimming pool no nearer than one hundred twenty feet (120) to any residentially zoned district.
(3) Laundry room for the use of residents.
(4) Garbage storage on a concrete pad, no nearer than one hundred twenty feet (120) to any residentially zoned district or fifty feet (50) to any residence within the mobile home subdivision, and not within the front setback. Garbage storage shall be screened by a masonry fence at least six feet (6') in height.
(5) Toilet and shower facilities when used in conjunction with a swimming pool or a community or recreational building. Such facilities shall not otherwise be permitted.
(6) Community or recreational building.
(7) One (1) storage building per lot one hundred twenty (120) square feet or less, and having no plumbing.
When any of the foregoing permitted accessory uses are detached from the principal single-family dwelling, said uses shall be located not less than forty-five feet (45) from the front line, twenty feet (20) from any street right-of-way, and six feet (6) from rear and side lot lines.
c. Accessory buildings:
(1) Storage facilities shall not be within any required front, side or rear yard and shall have a minimum capacity of two hundred (200) cubic feet per mobile home space. These shall be provided for each space or in compounds located within one hundred feet (100) of each space. Wherever provided, storage facilities shall be constructed of noncombustible materials.
(2) Additional accessory buildings, including office for the park, community facilities, house for owner or manager, not exceeding ten per cent (10%) of the lot area shall be permitted behind any building line; provided, however, such accessory buildings shall be solely for the convenience and necessity of the inhabitants of the park.
d. Mobile home space improvements:
(1) Paving--Each mobile home space shall have a five-inch-thick reinforced concrete pad for the purpose of placing the mobile home and shall be of at least the same length and width of the mobile home placed upon it.
(2) Sanitary facilities--Each mobile home space shall contain underground water and sewer connections to the town water system.
(3) Anchoring devices--Each mobile home space shall be provided with tie-down anchors as provided by state and federal regulations.
(4) Utilities--All utility service shall be underground.
(5) Skirting--All skirting shall be of brick, stone, or other masonry or material of equal characteristics or comparable and matching extruded metal material to exterior siding of the mobile home with the necessary vents, screens, and/or openings, and shall be installed prior to occupancy of the mobile home.
(6) Refuse containers--All refuse and refuse containers shall screened from view of all public streets adjacent to the property.
e. Fencing--A permanent privacy screen of masonry or natural stone construction shall be constructed around the perimeter of the mobile home subdivision, screening fence shall be at least six feet (6) in height and shall be erected along the entire length of the perimeter of the property and it shall be permanently and adequately maintained by the owner of the property. Said screening shall be erected prior to occupancy of the mobile home development, park or subdivision.
f. Landscaping--Landscaping shall be provided in accordance with the provisions of this ordinance.
g. Minimum usable open space--Not less than twenty-five percent (25%) of the gross site area shall be devoted to open space, including required yards and buffer areas. Open space shall not include areas covered by structures, parking areas, driveways and internal streets.
A portion of the minimum open space equivalent to two hundred fifty (250) square feet per dwelling unit or a minimum of one-half (11/2) acre, whichever is greater, shall be devoted to planned and permanent usable recreation areas. The amount, location, and type of usable recreation space shall be shown on the site plan.
h. Buffer area regulations--Whenever a mobile home subdivision is located adjacent to an existing or zoned residential district or lower density development, without any division such as a dedicated public street, park or permanent open space, all principal buildings or structures shall be set back a minimum of forty feet (40) from the adjoining property line. The setback area shall contain appropriate landscape improvements, fencing, berms or trees to adequately buffer adjoining uses.
Section 20. Historical District.
20.1 Declaration of Policy. The Town Council hereby finds and declares as a matter of public policy that the protection, enhancement, preservation and use of historic landmarks is a public necessity and is required in the interest of the culture, prosperity, education and general welfare of the people. The purposes of this article are to:
A. Protect, enhance and perpetuate historic landmarks which represent or reflect distinctive and important elements of the town's and state's architectural, archaeological, cultural, social, economic, ethnic and political history and to develop appropriate settings for such places;
B. Safeguard the town's historic and cultural heritage, as embodied and reflected in such historic landmarks by appropriate regulations;
C. Stabilize and improve property values in such locations;
D. Foster civic pride in the beauty and accomplishments of the past;
E. Protect and enhance the town's attractions to tourists and visitors and provide incidental support and stimulus to business and industry;
F. Strengthen the economy of the Town;
G. Promote the use of historic landmarks for the culture, prosperity, education and general welfare of the people and visitors of the town.
20.2 Penalty.
A. It shall be unlawful to construct, reconstruct, structurally alter, remodel, renovate, restore, demolish, raze or maintain any building, structure or land in an historic landmark designation in violation of the provisions of this article, and the town in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful construction, restoration, demolition, razing or maintenance to restrain, correct or abate such violation to prevent any illegal act, business or maintenance in and about such premises.
B. Any person violating any provision of this article shall be guilty of a misdemeanor.
20.3 Notices. Any notice required to be given under this article, if not actually delivered, shall be given by depositing the notice in the United States mail, postage prepaid, addressed to the person or entity to whom such notice is to be given at his last known address, when notice is required to be given to an owner of property, such notice, delivered or mailed by certified or registered mail, may be addressed to such owner who has rendered his property for town taxes as the ownership appears on the last approved town tax roll.
20.4 Designation of Landmarks.
A. The Town Council may designate buildings, structures, sites, districts, areas and lands in the town as historic landmarks and define, amend and delineate the boundaries thereof. The suffix "H" shall indicate the zoning designation of those buildings, structures, sites, districts, areas and lands which the Town Council designates as historic landmarks. Such designation shall be in addition to any other use designation established in this section. The Zoning Map shall reflect the designation of an historic landmark by the letter "H" as a suffix to any other use designation established under this section.
B. In making the designation as set forth in subsection (A.) of this section, the Town Council shall consider but shall not be limited to one (1) or more of the following criteria:
1. Character, interest or value as part of the development, heritage or cultural characteristics of the town, state or the United States:
2. Recognition as a recorded state historic landmark, a national historic landmark or entered into the National Register of Historic Places;
3. Embodiment of distinguishing characteristics of an architectural type or specimen;
4. Identification as the work of an architect or master builder whose individual work has influenced the development of the town;
5. Embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation;
6. Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on architectural, historic or cultural motif;
7. Portrayal of the environment of a group of people in an area of history characterized by a distinctive architectural style;
8. Archaeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest;
9. Exemplification of the cultural, economic, social, ethnic or historical heritage of the town, state or United States;
10. Location as the site of a significant historic event;
11. Identification with a person who significantly contributed to the culture and development of the town, state or United States;
12. A building or structure that because of its location has become of value to a neighborhood, a community area or the town;
13. Value as an aspect of community sentiment or public pride.
20.5 Hearings.
A. The Town Planning and Zoning Commission shall hold public hearings to consider any historical landmark designation ordinance after receiving a recommendation from the landowner. The notices shall be sent to all owners of property which is proposed for "H" designation as well as to the adjoining property owners specified in such article.
B. Within thirty (30) days after the hearing, the Town Planning and Zoning Commission shall set forth in writing its recommendation, including the findings of fact that constitute the basis for its decision, and shall transmit its recommendation concerning the proposed ordinance to the Town Council along with the recommendation of the landmark commission.
20.6 Recording of Designation. Upon passage of an historic landmark designation ordinance by the Town Council, the Town secretary shall file a copy of the ordinance with the Town and county tax assessors, together with a notice briefly starting the fact of the designation, and shall send a copy of such notice to the owner of the affected property by certified mail.
20.7 Amendments. The regulations, restrictions and boundaries of this division may from time to time be amended, supplemented, changed, modified or repealed. In case, however, of a written protest against such change signed by the owners of twenty (20) percent or more either of the area of the lots or land included in such proposed change or of the lots or land immediately adjoining change and extending two hundred (200) feet therefrom, such amendment shall not become effective except by the favorable vote of three-fourths of all members of the Town Council.
20.8 Exterior Alterations and Changes; Minor Exterior Alteration, Ordinary Maintenance; Historic Landmarks.
A. Ordinary maintenance. Ordinary maintenance shall be defined as the process of stabilizing deteriorated or damaged architectural features (including but not limited to roofing, windows, columns and siding), and will include any work that does not constitute a change in design, material, color or outward appearance, and include in-kind replacement or repair.
B. Minor exterior alteration. Minor exterior alteration shall be defined as the installation of or alteration to awnings, fences, gutters and downspouts; incandescent lighting features; landscaping comprising more then twenty-five percent (25%) of the front or side yard; restoration of original architectural features that constitute a change from existing condition; painting of wood or other appropriate elements that constitutes a change in color from existing color; and additions and changes not visible from any street to the rear of the main structure or to an accessory structure.
C. Emergency procedure. If a landmark is damaged and the building official determines that the landmark will suffer additional damage without immediate repair, the building official may allow the property owner to temporarily protect the landmark. The protection authorized under this subsection must not permanently alter the architectural features of the landmark.
20.9 Demolition or Removal of Historic Landmarks.
A. If an application is received for demolition or removal of a designated historic landmark, the building official shall forward the application to the historic landmark commission. The landmark commission shall hold a public hearing on the application within sixty (60) days after the application is initially filed with the building official. The applicant shall be given ten (10) days written notice of the hearing. The landmark commission shall consider the state of repair of the building, the reasonableness of the cost of restoration or repair, the existing and/or potential usefulness, including economic usefulness of the building, the purposes behind preserving the structure as an historic landmark, the character of the neighborhood and all other factors it finds appropriate. If the landmark commission determines that in the interest of preserving historical values the structure should not be demolished or removed, it shall notify the building official that the application has been disapproved, and the building official shall so advise the applicant within ten (10) days therefrom. If the landmark commission determines that the interest of preserving historical values will not be adversely affected by such demolition or removal or that the interest of preserving historical values can best be served by the removal of a structure to another specified location, it shall issue its certificate of demolition or its certificate of removal, as may be appropriate, to the building official, and the building official shall so advise the applicant within ten (10) days therefrom.
B. If no action has been taken by the landmark commission within sixty (60) days of original receipt by the landmark commission of the application, a certificate of demolition or a certificate of removal shall be deemed issued by the landmark commission and the building official shall so advise the applicant.
C. After a decision is reached by the landmark commission denying an application for a certificate of demolition or certificate of removal, a resubmittal of an application for such a certificate will not be accepted for additional hearing within a twelve-month period from the date of final decision.
D. Any applicant or the owner of any property located within three hundred (300) feet of any landmark who is aggrieved by a ruling of the landmark commission concerning the landmark under the provision of this section may, within sixty (60) days after the ruling of the landmark commission, appeal to the Town Council. Following a public hearing to be held within sixty (60) days of the filing of a notice of such appeal with the town secretary, the town council may, by a simple majority vote, uphold or overturn any ruling of the landmark commission made pursuant to this section.
20.10 Procedures for Obtaining Permits Pending Designation as Historic Landmark.
A. From and after the date on which the question of whether or not any building, structure or site within the town should be designated as an historic landmark is placed upon the agenda for any special or regular meeting of the Planning and Zoning Committee, no building permit allowing the construction, reconstruction, alteration, change, restoration, removal or demolition will be granted. If no such permit is required, a person or entity may not construct, reconstruct, alter, change, restore, remove or demolish any exterior architectural feature of any such building or structure until the earliest of the following conditions has been met;
1. A final and binding decision has been made by the Town Council that no part of any such building or structure shall be designated an historic landmark or shall be included within any designated historic landmark. However, should the Town Council fail to act within ninety (90) days from the date an appeal is filed, the requested permit shall be granted. The ninety day time limitation may be waived by the appellant to allow the Town Council an additional thirty (30) days in which to act.
20.11 Maintenance: Omission of Repairs.
A. The exterior of a designated historic landmark shall be maintained to ensure the structural soundness of such landmark.
B. If the Planning and Zoning Committee finds that there are reasonable grounds to believe that a designated historic landmark is structurally unsound or in imminent danger of becoming structurally unsound, the Planning and Zoning Committee shall notify in writing the owner of record of the designated historic landmark of such fact.
C. Upon giving of written notice to the owner of record of such designated historic landmark, the Planning and Zoning Committee shall hold a public hearing at the next regularly scheduled meeting to determine if the designated historic building is structurally unsound or in imminent danger of becoming structurally unsound. The Planning and Zoning Committee's report may include evidence of economic hardship or willful neglect.
D. At the conclusion of the hearing, if the Planning and Zoning Committee find that the designated historic building is structurally unsound or in danger of becoming structurally unsound and that no valid reason exists as to why the owner cannot or should not undertake to safeguard the structural soundness of the building, it shall in writing notify the owner of record of the finding.
E. The owner of record of a designated historic landmark who has been notified by the Planning and Zoning Committee that such landmark is structurally unsound or in danger of so becoming shall within ninety (90) days of receipt of such notice, satisfy the Planning and Zoning Committee that reasonably necessary repairs to safeguard the structural soundness of the landmark have been effected.
F. If the Planning and Zoning Committee determines that the building is structurally unsound but there are valid reasons why the owner cannot or should not undertake to safeguard the structural soundness of the building, it shall forward to the city council its recommendation as to what action, if any, should be taken on the structure.
G. Any applicant or interested person aggrieved by a ruling of the Planning and Zoning Committee under the provisions of this section may, within thirty (30) days after the date of such ruling, appeal to the Town Council.
20.12 Effect of Zoning District Use Classification. Use classifications as to all property which may be included in an historic landmark designation shall continue to be governed by this chapter and the procedures herein established.
20.13 Creation and Membership of Landmark Commission.
A. There is hereby created a commission to be known as the Historic Landmark Commission, hereinafter called the "Landmark Commission," composed of three (3) members appointed by the Town Council.
B. The Landmark Commission shall meet as often as necessary to dispose of the business of the commission or upon call by the commission chairman. The commission shall adopt appropriate rules and regulations for the conduct of its business and the election of its chairman and other officers. The minutes of each meeting shall be filed in the office of the Town Secretary.
C. Members of the Landmark Commission shall be appointed for two-year staggered terms. Vacancies in an unexpired term shall be filled by the Town Council for the remainder of the term.
Section 21. FP-Flood Plain District.
21.1 General Purpose and Description. The Flood Plain District is designed to provide for the appropriate use of land which has a history of inundation or is determined to be subject to flood hazard, and to promote the general welfare and provide protection from flooding portions of certain districts. Such areas are designated with a Flood Plain Prefix, FP.
21.2 Permitted Uses. The permitted uses in that portion of any district having a Flood Plain (FP) prefix shall be limited to the following:
A. Agricultural activities including the ordinary cultivation or grazing of land and legal types of animal husbandry but excluding construction of barns or other outbuildings.
B. Off-street parking incidental to any adjacent main use permitted in the district.
C. Electrical substation.
D. All types of local utilities including those requiring specific use permits.
E. Parks, playgrounds, public golf courses (no structures), and other recreational areas.
F. Private open space as part of a Planned Residential Development.
G. Structures, installations, and facilities installed, operated, and maintained by public agencies for flood control purposes.
H. Bridle trail, bicycle, or nature trail.
21.3 City Council Approval Required. No structure shall be erected in that portion of any district designated with a Flood Plain, FP, prefix until and unless such structure has been approved by the Town Council after engineering studies have been made and it is ascertained that such building or structure is not subject to damage-by flooding and would not constitute an encroachment, hazard, or obstacle to the movement of flood waters and that such construction would not endanger the value and safety of other property or public health and welfare.