CF-Village-CS 890201TICKLER FROM: RUSSELL DOYLE, CITY ENGINEER
TO: D,4~-~ U~-z:5oq~
D,~T~. S~T: t[- I~ ~J RESPONSE ~UE.' ~d
,., R~D ~ CO~ F Y I
FOR YOUR ~PROVAL NO~ & FILE
NOTE & REPLY NOTE
SET UP ~POIN~E~ TO REVI~ A~A~ED
PL~SE T~ C~GE OF
P~PARE RES~NSE FOR ~ SIGNA~E
h~-r~. ~ ~ ~
RETURN TH I S FORM WI T~
RESPONSE ~
SALLINGER. NICHOLS. JACKSON.
.:
KIRK & DILLARD
(.Formerly Saner. Jack, Sallinger & Nichols)
_A~,~R~'I~CE * J~CK50% Attorneys & Counselors at Law D~V D
· ~ ~ ~ 1800 Lincoln Plaza
~CSE.~ ~ a:~.D ,., 500 N. Akard ~uc~ ~ SvOC~.D
RO.ERT D. HE'~PH LL Dallas. Texas 75201 ~ ~EW,S ~-~*~O
~E-E. ~ ~'.~ (214) 954-3333 ~OSE.~ ~. DILLARD. JR
Facsimile (214) 954-3334
TO: Mr. Russell Doyle, City Engineer
City of Coppell
P. O . Box 478
Coppell, Texas 75019
LETTER OF TRANSMITTAL
DATE: 1-30-89
OUR FILE NO: 323
RE: Village Parkway Pump Station (Fence)
WE ARE SENDING YOU ATTACHED THE FOLLOWING:
Your action request form dated 1-27-89 which we received this date.
REMARKS:
The city may put barbed wire on the fence without obtaining a variance as would
be required by any person other than the city. The state law does supersede the city
ordinance and would mandate that a variance be granted if applied for or that the city
take such other action as would be necessary in order to comply with state law.
The city has in the past followed a course of action requiring the city to follow
the same variance procedure as would be required by anyone else. Unless this position
has changed I would recomend that the city go through the formal procedure to get
the variance that state law requires. Fence variances are heard by the Board of
A dj us tment. ~~ .~~~z. ~.~
~/~ Lawrenc~/~ackson
CC:
Mr. Alan Ratliff, City Manager
City of Coppell
P. O . Box 478
Coppell, Texas 75019
Mr. Dale Jackson, Building Official
City of Coppell
P. O . Box 478
Coppell, Texas 75019
Revised: 5/21/87
CITY OF COPPELL
ACTION REQUEST FORM
TO: Lawrence Jackson
City Attorney
1800 Lincoln Plaza
500 North Ackard
Dallas, Texas 75201
FROM: ~J~ /~O~L~' DATE:
DUE DATE: A3~-]/~
DATE SCHEDULED FOR CITY COUNCIL:
APPROVAL OF DEPARTMENT HEAD: O~L~
cc: Alan D. Ratliff, C~ty Manager
INSTRUCTIONS:
IF THE REQUEST IS FOR ~ ~EN~MENT, REPEAL OR CONCERNS A PROVISION
OF ~E CODE OF O~IN~NCES, CITE ~PLIC~LE SECTIONS OF ~E O~INANCE
OR ATTACH A COPY OF CODE PAGE(S), AN~ ~CTE THE C~NGES TO BE ~E.
IF THE REQUEST IS FOR REVIEW, INTERPRETATION OF, OR AMENDMENT TO A
LEASE OR OTHER DOCUMENT(S), ATTACH HERETO.
STATE ACTION REQUESTED AND INCLL~DE OR ATTACH ALL NECESSARY
INFORMATION.
MEMORANDUM
January 3, 1989
TO: Russell Doyle, City Engineer
FROM: Dale Jackson, Chief Building official~
RE: Barbed Wire Fence at Village Parkway Pump Station
I do not agree with the statements made by Ginn Engineering.
Although the city may not be legally obligated to comply with its
own ordinances, it i~,my opinion that the city has a moral
obligation to comply with its own req~ire~ents. It is very
difficult to explain to a developer that the city cannot allow,
for example, a barbed wire fence to be erected in a residential
zoned district when the city itself has violated its own ordinance
and erected a barbed wire fence in a residential zoned district.
I also disagree with the argument, in this case, that the state
requirement supersedes the city regulation. The state did not
require the reservoir and pump station to be located on residential
zoned property. If the reservoir and pump station was located on
commercial zoned property, there would not be a violation of any
ordinance. Many times, developers construct facilities that also
are regulated by the State and Federal governments. If the
developer's plans do not comply with city regulations, the city
requires the developer to seek a variance from the local
requirement. The city can also deny the plat and not allow the
developer to construct the facility at all.
Your recent request concerning whether city projects had been
platted is a similar situation. It appears that the Town Center
and the Service Center were not platted. As a result, we do not
have any City approved plats of the properties. However, the City
has not always taken this approach concerning compliance with city
ordinances. Variances were requested and granted for the metal
roof at the Fire Station on Moore Road and the type of exterior
construction of the addition to the Central Fire Station on Coppell
Road.
It is my understanding that the City Manager has stated that all
future City projects will comply with current city ordinances.
Deviation from city ordinances will require variances. As stated
in my first memo to you, the barbed wire fence does not comply with
city ordinance; therefore, a variance is required.
GINN, INC. CONSI!LTING ENGINEERS
December 20, 1985
CITY OF' COPPELL
Mr. Russell Doyle, P.E., City Engineer ,
City of Coppell DEC 7 ]988
Post Office Box 478 i
Coppell, Texas 75019
11'4SPECTI~N LL~PT
Re: Village Parkway Reservoir and Pump Station
Possible Fence Variance
Dear Mr. Doyle:
In regards to the Building Inspection Departments' concerns about the proposed
fence around the Village Parkway Reservoir and Pump Station, we wish to offer
the following information.
The Texas Department of Health (TDH) is authorized by law to regulate and
control public drinking water systems. These regulations include minimum
requirements for water facilities. TDH regulations, Section .006.(e), require
that all water storage facilities and pressure maintenance facilities be
enclosed by an intruder resistant fence. Section .001.(m) of the regulations
define an intruder resistant fence as a chain link fence of six (6) feet in
height which has three (3) strands of barbed wire at the top. The barbed wire
must be angled outward at the top at a forty-five (45) degree angle.
It is our understanding that a more stringent state regulation will supersede
a local ordinance. It is also our understanding that the City is exempt from
its own codes and ordinances. Based on this information, we believe the State
requirement for a barbed wire fence supersedes the City ordinance against
barbed wire on residentially zoned property.
If further clarification of this matter is required, we recommend that the
City Attorney, Mr. Larry Jackson, be consulted for his opinion on the need for
a possible variance. If you have any questions or if we can be of further
assistance, please feel free to contact us.
Sincerely,
Sanford W. Case, P.E.
attachments
cc: Steve Goram
Larry Jackson File 380
' ,5_48 Phone 214..'24.%-4q00
1710.s Prcs, m Road · S~mc i00 · [.B l l,q · l)nl!;Is. Tcxas' ' ' ·
TO: Russell Doyle, City Engineer ~~.
FROM: Dale ~ackson, Building Official.~/
RE: Fence around Village Parkway Reservoir
I have reviewed the drawing you sent me concerning the fence around
the Village Parkway Reservoir. I have two comments concerning the
fence.
1. Section 9-2-7 B of the Code of Ordinances prohibits
the placement of any barbed wire fence on
residential zoned property. The fence at the
reservoir does contain barbed wire at the top and
it is located on residential property (MF-2).
2. The fence must be located a minimum of 25 feet from
the front property line. (It appears that the fence
is more than 25 feet from the Kimbel Court right-
of-way. This comment is for your information only).
Ail fence variances are heard by the Board of Adjustment. The
board meets the first thursday of each month. Applications should
be received by the Building Inspections Department at least 30 days
prior to the meeting date.
parkway.mem
.001 ' Glossary of Terms. (Cont.) ,
consumption or used by any institution rxng to the public.
(j) "Public Water System" means a system for the provision to the public
of piped water for human consumption, if such system has at least
fifteen service connections or regularly serves an average of at
least twenty-five inviduals daily at least 60 days out of the year.
Such term includes (1) any collection, treatment, storage, and
distribution facilities under control of the operator of such
system and used primarily in connection with such system, and
(2) any collection or pretreatment storage facilities not under
such control which are used primarily in connection wlth such
system. A public water system is either a "Community Water System"
or a "Non-Community Water System". Without excluding other meanings
of "Individual" or "Served", an individual shall be deemed to be
served by a water system if he resides in, uses as his place of
employment, or works in, a place to which drinking water, is supplied
from tile system.
(k) "Community Water System" means a public water system which serves
at least i5 service connections used by year-round residents or
regularly serves at least 25 year-round residents. Service con-
nections shall be counted as one for each one-family residential
unit to which drinking water is supplied from tile system.
(1) "Non-Community-Type Public Water System" shall mean any public
water system which is not a community type system.
(m) "Intruder Resistant Fence" shall mean a chain link fence of six
(6) feet in height which has three (3) strands of barbed wire at
the top. The barbed wire supports must be angled outward at the
top at a forty-five (45) degree angle.
(n) Other definitions: Where not specifically defined:in these rules,
the technical terms used herein shall have the definitions given
in the latest issue of "Glossary - Water and Sewage Control
Engineering" prepared under the joint sponsorship of the American
Public Health Association, the American Society of Civil Engineers,
the American Water Works Association and the Water Pollution Control
Federation, obtainable from the American Society of Civil Engineers,
33 West 39th Street, New York, New York.
.002. General.
(a) Authority for requirements.
(1) The Civil Statutes of Texas prescribe the duties of the
Texas Department of ]lealth relating to the regulation
and control of public drinking water systems in the
State. These Statutes require that the Department
review "completed plans and specifications" for all new
public drinking water systems, and that the Department
be notified of any subsequent "material changes",
improvements, additions, or alterations in existing
systems. In order to properly discharge these duties,
the Texas Board of Health is authorized to develop
rules and regulations governing the design of system
facilities, as wc~ as minimum acceptable operating
practices necessary to protect the public health.
These Statutes are codified in Yernon's Texas Civil
Statutes as Articles 4414a, 4418d, 4419, and 4477-1.
(2) The following rules and regulations have been adopted
by the Texas Board of Health.
(b) Reason for rules and regulations and minimum criteria.
These rules and regulations have been adopted to insure the
inclusion of all data essential for comprehensive consideration
of the contemplated project, or improvements, additions,
alterations or changes thereto and to establish minimum
standardized public health design criteria in compliance
with existing State statutes and in accordance with good
public health engineering practices. In addition, minimum
acceptable operating practices must be specified to insure
that facilities are properly operated to produce and distribute
a safe, potable water.
(c) Authorization for examination of plans.
(1) Engineers of the Water Hygiene Division, Texas Department
of Health, are not authorized to examine and approve
plans for public water system facilities unless the
design engineer has submitted a letter of appointment
from the proper city, water district, company official
or individual stating that he is authorized to prepare
plans and specifications. (See Rule .009. Appendix A
for suggested notice form.)
(2) Plans and specifications will not be considered unless
they have been prepared under the direction of a registered
professional engineer, and the plans show the seal of
the engineer responsible on e~ch sheet.
.006. Water Storage. (Cont.)
(e) Facility fencing. All potable water.storage reservoirs and pressure
maintenance facilities must be enclosed by an intruder resistant fence
with lockable gates, with the exception of pedestal type elevated
tanks with no exterior ladders where the riser door can be kept locked.
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