HomeMy WebLinkAboutOrd 1495 - public facilities
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ORDINANCE NO. 1495
AN ORDINANCE RELATING TO PUBLIC FACILITIES; Alv1ENDlNG
THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS:
Section I. That Chapter 18 of the Code of Ordinances of the City of West
University Place, Texas is hereby amended to read as shown in Appendix A, which
is attached hereto and made a part hereof for all purposes. The existing Chapter 18
is renumbered as Chapter 18A.
Section 2. This ordinance applies from and after its effective date. Any
violations committed before the effective date are governed by the ordinances in
effect before the effective date, and they are continued in effect for this purpose.
Section 3. All ordinances and parts of ordinances in conflict herewith are
hereby repealed to the extent of the conflict only.
Section 4. If any word, phrase, clause, sentence, paragraph, section or other
part of this ordinance or the application thereof to any person or circumstance, shall
ever be held to be invalid or Wlconstitutional by any court of competent jurisdiction,
neither the remainder of this ordinance, nor the application of such word, phrase,
clause, sentence, paragraph, section or other part of this ordinance to any other
persons or circumstances, shall be affected thereby.
Section 5. The City Council officially finds, detennines and declares that a
sufficient written notice of the date, hour, place and subject of each meeting at
which this ordinance was discussed, considered or acted upon was given in the
manner required by the Texas Open Meetings Act, as amended, and that each such
meeting has been open to the public as required by law at all times during such
discussion. consideration and action. The City Cotmcil ratifies, approves and
confIrms such notices and the contents and posting thereof. The City Council
officially finds, detennines and declares that sufficient notices of the joint public
hearings were given, and the City Council ratifies, approves and confinns such
notices, including the contents and the method in which they were given.
JAh-d0-'95 15:01 ID:
TEL NO:7138801417
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Section 6. This ordinance shall become effective on the tenth day following
its publication, as provided in the City Charter.
PASSED AND APPROVED ON FIRST READING, this ~y of ~
.19f5
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
PASSED AND APPROVED ON SECOND READING, thiS~Y of ~
. 19~
Councilinembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
Signed: ~ ~~
Mayor
Attest:
(Seal)
~~4
Clt Secretary
R:~~
City Attorney
b21 :ofacilit. 54
Chapter 18
PUBLIC FACILITIES
Subchapter A. In General.
Sec. 18.101. Application ofCl1apter.
This chapter applies to City-owned or City-operated facilities,
except street areas and street facilities.
Sec. 18.102. City Policy.
(a) "Good Neighbor" Policy. It is the policy of the City that
facilities covered by this chapter shall bc maintained and operated so
that they will be good neighbors to nearby properties.
(b) Design, Location, Operation. To the greatest extent
practicable, and taking into account the nature of the public use and
the need for such use, the facilities covered by this chapter should be
located, designed and operated to:
(1) minimize any adverse effects on existing residences,
including effects from noise, vibration, odors, fumes,
visual intrusions, flooding, congestion, vehicular traffic
and "spillover" parking of vehicles;
(2) benefit and enhance residential uses nearby;
(3) include buffering or transitional features, including visual
screening, where necessary to protect residential uses; and
(4) include ingress and egress features (for high-traffic
facilities) that will discourage non-local traffic from
passing through residential areas.
(c) Other Ordinances. Even ifstrict compliance is not required by
the zoning ordinance or other ordinances, and even if defenses are
applicable, it is the policy of the City that its facilities shall be located,
designed and operated in compliance with such ordinances, to the
greatest extent practicable, taking into account the nature of the public
use and need for it. Other ordinances which specifically apply to such
facilities (e.g., Chapter 16) shall continue to apply.
(d) Existing Facilities; Economic Considerations. This Chapter
is not intended to require abandonment or alteration of existing
facilities. Economic considerations may require deviations from the
provisions of this Chapter, especially in those cases where there is a
great public need and limited funds. This Chapter does not compel
expenditures which are not budgeted and provided for by the City
Council.
Exhibit A: CHAPTER 18 (2-13-95)
Page A-I
Sec. 18.103. Penalties and Enforcement.
The administrative procedures set out below (and mediation, if
appl~cable) are the exclusive remedies for enforcement of this Chapter.
Violations of this Chapter are not subject to criminal penalties, and this
Chapter shall neither create nor form the basis for any civil litigation
against the City.
Subchapter B.
Responsible Officials; Permits; Disputes
Sec. 18.201. Responsible Officials.
(a) Officials Assigned. The officials listed below are assigned to
be responsible for the facilities indicated, unless the City Manager
appoints a different official for a particular facility:
Official Facilities
Parks & Recreation Director All parks, Community Center, Senior
Center, Scout House, HISD Licensed
Area (on the West University Elementary
schoolyard; see Chapter 16).
Police Building with parking lots
Fire Station
"Theode" building
Public Works Center, all water and
sewer facilities, Dincans Street facility
and adjacent area, Municipal Building
and grounds (except Fire Station, Police
Building and Police Building parking
Jots), library, landfill site on Ruffmo
Road, Milton street parking lot, and all
other properties and facilities not
assigned to another official.
(b) Public Notices. It is City policy to publish and post the name,
address and phone number of the responsible official for each facility.
(c) Policy Execution. Each responsible official shall manage and
operate each facility so as to carry out the City policies set by this
Chapter and to comply with any contracts, licenses or regulations
applicable to the specific facility.
Police Chief
Fire Chief
Finance Director
Public Works Director
Sec. 18.202. Facility Councils.
The responsible official for each facility may appoint a facility
council to assist the official in the management and operation ofthe
facility. The council may include users of the facility, neighbors and
other interested persons.
---------------------- ------------------------------------------------------
Exhibit A: CHAPTER 18 (2-13-95)
Page A-2
Sec. 18.203. Complaints and Inquiries.
(a) Responsible Official. Complaints and inquiries about a
facility should be made directly to the official responsible for that
facility.
(b) Responses. The responsible official shall respond promptly to
all complaints and inquiries, within seven days whenever practicable.
(c) Appeal to City Manager. A person who is aggrieved by the
action or inaction of a responsible official may notiry the City
Manager. The City Manager shall take action and respond, as may be
appropriate under the circumstances.
(d) Further Appeal to City Council. A person who is aggrieved
by the action or inaction ofthe City Manager may raise the grievance
with the City Council.
Sec. 18.204. Pennits.
(a) When Required; Issuance. Any person seeking or claiming
any special or priority use of a facility (or part of a facility) must
obtain a permit. The issuing authority for each facility is the
responsible official for that facility (see above). The issuing authority
may delegate the authority to issue routine permits to subordinates.
Appeals from the issuing authority are heard by the City Manager or
an appellate officer appointed by the City Manager.
(b) Procedures, Criteria. All permits are subject to the general
procedures and criteria for permits set out in this Code as well as any
additional procedures and criteria for the specific permit in question.
The issuing authority shall adopt criteria for the issuance of permits
which reflect: (i) the suitability offacilities for specific activities, (ii)
the availability of other facilities, (iii) historic uses of facilities, and
(iv) contractual, regulatory and other restrictions applicable to spec.ific
facilities.
(c) Additional Criteria. For any permit to use a facility, the
issuing authority may require the permittee to agree to applicable rules
and regulations and may require risk management measures (waivers,
indemnities, etc.). The issuing authority shall issue permits generally
on a first-come, first-served basis to those who meet the criteria for
issuance, but the issuing authority may deviate where necessary to
accommodate: (i) a season of scheduled events, (ii) an event sponsored
by a group which makes major contributions in money or volunteer
efforts to a particular facility, (iii) a specific need for a specific facility,
(iv) use by a greater number of people, (v) security and safety
considerations or (vi) unusual scheduling or weather conditions.
Sec. 18.205. Mediation Authorized.
Exhibit A: CHAPTER 18 (2-13-95)
Page A-3
In case of a dispute involving a particular facility, mediation is
specifically authorized to resolve the dispute. To corrunence
mediation, all significant parties to the dispute must agree to a
mediation procedure and agree to apportion the costs. Either the
responsible official for a facility or the City Manager may agree on
behalf of the City, but only with respect to decisions over which they
may have discretion. Otherwise, the agreement must be made by the
City Council.
cod:\chap 1 8
Exhibit A: CHAPTER 18 (2-13-95)
Page A-4