2nd Court of Appeals Docket Sheet Case Number: 02-14-00143-CV Date Filed: 05/07/2014 9:14AM Style: Appellant Harry Bizios v.Appellee Town of Lakewood Village, Texas Case Priority: Accelerated Original Proceeding: No Case Description: Injunction Trial Court Information County Court Name Case # Judge Court Reporter Denton 431st District Court 14-01991-431 Hon. Jonathan M. 431st District Court, Court Bailey Reporter, Parties and Attorneys Party Party Name Remarks Counsel Code Person Name Date On Date Off Appellant Bizios, Harry Retained attorney Arthur J. Anderson 05/08/2014 Retained attorney David F. Johnson 08/08/2014 Appellee Town of Lakewood Retained attorney William Andrew Messer 05/08/2014 Village, Texas Interested Entities Entity Name Interested Notice Date On Date Off Entity Type 431st District RPT No 05/08/2014 Court, Court 9:16AM Reporter, Anderson, Arthur RE ATTY Yes 05/08/2014 J. 9:17AM Bailey, Jonathan TC JDG No 05/08/2014 M. 9:16AM Denton County, DT CLK No 05/08/2014 Civil District 9:16AM Clerk, Evans, David L. ADMJUD No 05/08/2014 9:16AM Johnson, David RE ATTY No 08/08/2014 F. 8:58AM Messer, , William RE ATTY Yes 05/08/2014 Andrew 9:17AM Events and Opinions Event Date Stage Event Event Disposition Grouping Order Submis Description Type sion 06/24/2015 SUP CT BRIEF FLD NO 02/26/2015 SUP CT PET REVIEW FLD 02/06/2015 SUP CT MT EXT PET GRANT REV DISP 02/06/2015 SUP CT MT EXT PET REV FLD 12/31/2014 FILING OPINION ISSD REVREM Opinion Type Author Original Hon. Bob McCoy Memorandum Opinion Type Author Original Justice Bob Memorandum McCoy 12/30/2014 FILING LTR RECD ANT 9:53AM

Report Prepared By: RStewart, on 9/9/2015 11:27:25 AM 1 of 4 2nd Court of Appeals Docket Sheet Case Number: 02-14-00143-CV Date Filed: 05/07/2014 9:14AM Style: Appellant Harry Bizios v.Appellee Town of Lakewood Village, Texas Events and Opinions Event Date Stage Event Event Disposition Grouping Order Submis Description Type sion 09/30/2014 FILING SUBMITTED Oral 09/26/2014 FILING AMICUS AMICUS 2:30PM BRIEF RECD 09/26/2014 FILING AMICUS AMICUS 11:49AM BRIEF RECD 09/19/2014 FILING SUBMISSION/ Oral OA 09/11/2014 FILING SUBMISSION/ Oral OA 08/28/2014 FILING REPLY BRIEF ANT 3:46PM FLD 08/26/2014 FILING SUBMISSION/ Oral OA 08/20/2014 FILING ORDER COURT ENTERED 08/18/2014 FILING RESP FLD RPT 4:55PM 08/14/2014 FILING MT SUPP APE GRANT 04 RECORD DISP 08/11/2014 FILING MT SUPP APE 04 11:18AM RECORD FLD 08/08/2014 FILING BRIEF FLD APE 8:56PM YES 08/08/2014 FILING AT ISSUE 08/01/2014 FILING MT EXT BRIEF APE GRANT 03 DISP 07/31/2014 FILING MT EXT BRIEF APE 03 1:48PM FLD 07/03/2014 FILING MT EXT BRIEF APE GRANT 02 4:02PM DISP 07/03/2014 FILING MT EXT BRIEF APE 02 4:02PM FLD 07/01/2014 FILING LTR RECD ANT 4:18PM 06/25/2014 FILING BRIEF FLD ANT 4:09PM YES 06/19/2014 FILING MT EXT BRIEF ANT GRANT 01 DISP 06/18/2014 FILING MT EXT BRIEF ANT 01 1:54PM FLD 06/06/2014 FILING LTR RECD ANT 3:38PM 06/02/2014 FILING ERPT RPT 2:41PM RECORD FLD 05/20/2014 FILING RPT RECORD RPT 3:15PM NOTICE 05/13/2014 FILING ECLK 10:07AM RECORD FLD 05/09/2014 FILING ADDTL COPY ANT 10:03AM RECD 05/07/2014 FILING NOA FLD/COA 8:39AM 05/07/2014 FILING DS FLD

Report Prepared By: RStewart, on 9/9/2015 11:27:25 AM 2 of 4 2nd Court of Appeals Docket Sheet Case Number: 02-14-00143-CV Date Filed: 05/07/2014 9:14AM Style: Appellant Harry Bizios v.Appellee Town of Lakewood Village, Texas Document Summary Stage Location File Date Event File Description Index Volume Page FILING Event 12/31/2014 OPINION ISSD judgment Y 80 285 REVREM FILING Opinion 12/31/2014 OPINION ISSD opinion Y 80 285 REVREM FILING Event 12/30/2014 LTR RECD vacation ltr 9:53AM ANT FILING Event 09/26/2014 AMICUS BRIEF brief 11:49AM RECD AMICUS FILING Event 09/26/2014 AMICUS BRIEF brief 2:30PM RECD AMICUS FILING Event 08/28/2014 REPLY BRIEF brief 3:46PM FLD ANT FILING Event 08/18/2014 RESP FLD Response to Order 4:55PM RPT FILING Event 08/11/2014 MT SUPP Appellee's Motion to Supplement Record 11:18AM RECORD FLD APE FILING Event 08/08/2014 BRIEF FLD YES Appellee's Brief 8:56PM APE FILING Event 07/31/2014 MT EXT BRIEF motion 1:48PM FLD APE FILING Event 07/03/2014 MT EXT BRIEF motion 4:02PM FLD APE FILING Event 07/01/2014 LTR RECD ant Vacation Letter 4:18PM ANT FILING Event 06/25/2014 BRIEF FLD YES ANT Brief 4:09PM ANT FILING Event 06/18/2014 MT EXT BRIEF motion 1:54PM FLD ANT FILING Event 06/06/2014 LTR RECD 021400143CV.VacationLetterToCourt 3:38PM ANT FILING Event 06/02/2014 ERPT RECORD Vol. 1 2:41PM FLD RPT FILING Event 06/02/2014 ERPT RECORD Vol. 2 2:41PM FLD RPT FILING Event 06/02/2014 ERPT RECORD Vol. 3 2:41PM FLD RPT FILING Event 06/02/2014 ERPT RECORD Vol. 4 2:41PM FLD RPT FILING Event 05/20/2014 RPT RECORD Court Reporter Status 3:15PM NOTICE RPT FILING Event 05/13/2014 ECLK RECORD Clerk's Record 10:07AM FLD FILING Event 05/09/2014 ADDTL COPY Notice Of Appeal 10:03AM RECD ANT FILING Event 05/07/2014 NOA FLD/COA Notice of Appeal 8:39AM FILING Event 05/07/2014 NOA FLD/COA Order Granting Temporary Injunction 8:39AM Report Prepared By: RStewart, on 9/9/2015 11:27:25 AM 3 of 4 2nd Court of Appeals Docket Sheet Case Number: 02-14-00143-CV Date Filed: 05/07/2014 9:14AM Style: Appellant Harry Bizios v.Appellee Town of Lakewood Village, Texas Document Summary Stage Location File Date Event File Description Index Volume Page FILING Event 05/07/2014 DS FLD DocketingStatement.BiziosVs.LakewoodV lg Calendars Stage Set Date Calendar Name Reason Set SUP CT 02/06/2015 APPL CT REVIEW Fees Fee Date Fee Type Amount Payment Noticed Date Payment Type Party Type Received From Check Number Status 08/11/2014 MT FEE $10.00 E-PAID Credit Card APE Kaira Cabranes 07/31/2014 MT FEE $10.00 E-PAID Credit Card APE Kaira Cabranes 07/03/2014 MT FEE $10.00 E-PAID Credit Card APE Kaira Cabranes 06/18/2014 MT FEE $10.00 E-PAID Credit Card ANT Art Anderson 06/02/2014 RPT RECORD $2863.00 PAID RPT Art Anderson 05/13/2014 CLK RECORD $665.00 PAID CLK Art Anderson 05/09/2014 INDIGENT $25.00 E-PAID Credit Card ANT Art Anderson 05/09/2014 CHAPTER 51 $50.00 E-PAID Credit Card ANT Art Anderson 05/09/2014 FILING $100.00 E-PAID Credit Card ANT Art Anderson 05/09/2014 STATEWIDE $20.00 E-PAID Credit Card ANT Art Anderson EFILING

Report Prepared By: RStewart, on 9/9/2015 11:27:25 AM 4 of 4 CLERK’S RECORD VOLUME 1 of 1 FILED IN Trial Court Cause No. 14-01991-431 2nd COURT OF APPEALS FORT WORTH, TEXAS In the 431st District Court 5/13/2014 10:07:07 AM of Denton County, Texas DEBRA SPISAK Clerk Honorable, Jonathan Bailey, Judge Presiding

Town of Lakewood Village FILED IN VS 2nd COURT OF APPEALS FORT WORTH, TEXAS Harry Bizios 5/13/2014 10:07:07 AM DEBRA SPISAK Clerk Appealed to the Court of Appeals for the Second District of Texas, at Fort Worth, Texas

Attorney for Appellant(s): Name: Arthur J. Anderson Address: 500 Winstead Building 2728 N. Harwood St. Dallas, TX 75201 Phone No.: 214-745-5745 Fax No.: 214-745-5390 E-Mail Address: Unknown SBOT No.: 01165957 Attorney for: Harry Bizios, Appellant(s)

Delivered to the Court of Appeals for the 2nd Supreme COURT OF APPEALS Judicial District of Texas at Fort Worth, Texas Cause No. ____________________________ th on the 13 day of May, 2014 Filed in the Court of Appeals for the 2nd Supreme SHERRI ADELSTEIN, DISTRICT CLERK Judicial District of Texas, at Fort Worth, Texas, this DENTON COUNTY, DENTON, TEXAS _______day of ____________________, 2014 /s/ JoAnna Price , JoAnna Price _________________________________________ Deputy Clerk By: ________________________________, Deputy

INDEX 14-01991-431 Front Cover Page 1 Index 2 Caption 3 Plaintiff's Original Petition, Verified Request for Temporary Restraining Order, Request for Temporary and Permanent Injunction, and Request for Disclosure (filed 03/20/14) 4 Temporary Restraining Order and Order Setting Hearing for Temporary Injunction (filed 03/20/14) 85 Citation issued to Harry Bizios (filed 03/20/14) 87 Temporary Restraining Order issued to Harry Bizios (filed 03/20/14) 88 Bizios' Motion to Dissolve Temporary Restraining Order (filed 03/24/14) 89 Letter Regarding Hearing from Adam L. Plumbley (filed 03/25/14) 94 Defendant's Trial Brief (filed 04/02/14) 95 Stipulated Facts and Admissiability of Exhibits (filed 04/04/14) 109 Agreed Order Extending and Modifying Temporary Restraining Order and Order Setting Hearing for Temporary Injunction (filed 04/08/14) 500 Town of Lakewood Village's Brief Supporting Injunctive Relief (filed 04/14/14) 503 Order Granting Temporary Injunction (filed 04/17/14) 651 Notice of Appeal (filed 05/06/14) 656 Defendant's Request for Reporter's Record (filed 05/06/14) 658 Request for Preparation of Clerk's Record (filed 05/06/14) 660 Docket Sheet 662 Bill of Costs 663 Clerk’s Certificate 664 Back Cover Page 665 CAPTION

THE STATE OF TEXAS * COUNTY OF DENTON *

In the 431st Judicial District Court of Denton County, Texas the Honorable Jonathan Bailey, judge presiding in Cause Number 14-01991-431, the following proceedings were held and the following instruments and other papers were filed in this cause, to-wit: Trial Court Cause No. 14-01991-431

TOWN OF LAKEWOOD VILLAGE * IN THE DISTRICT COURT OF VS * DENTON COUNTY, TEXAS HARRY BIZIOS * 431ST JUDICIAL DISTRICT

FILED: 3/20/2014 9:42:11 AM SHERRI ADELSTEIN Denton County District Clerk By: Joanna Price, Deputy

Cause No. 14-01991-431 ----

TOWN OF LAKEWOOD VILLAGE, § IN THE DISTRICT COURT Plaintiff, § § § v. § § DENTON COUNTY, TEXAS HARRY BIZIOS, § Defendant. § JUDICIAL DISTRICT

PLAINTIFF'S ORIGINAL PETITION, VERIFIED REQUEST FOR TEMPORARY RESTRAINING ORDER, REQUEST FOR TEMPORARY AND PERMANENT INJUNCTION, AND REQUEST FOR DISCLOSURE TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, The Town of Lakewood Village, Plaintiff, and files this Original Petition, Verified Request for Temporary Restraining Order, Request for Temporary and Permanent Injunction, and Request for Disclosure, and would respectfully show unto the Court the following: I. DISCOVERY CONTROL PLAN AND REQUEST FOR DISCLOSURE 1. Discovery is intended to be conducted under Level 2 of Rule 190 of the Texas Rules of Civil Procedure.

2. Defendant is requested to disclose, within fifty (50) days of service of this request, the information or material described in Rule 194.2 of the Texas Rules of Civil Procedure.

II. STATEMENT REGARDING DAMAGES 3. Pursuant to Rule 47 of the Texas Rules of Civil Procedure, the Town of Lakewood Village seeks monetary relief of $100,000 or less and non-monetary relief.

Plaintiffs Original Petition, Request for Temporary Restraining Order, Request for Temporary and Permanent Injunction, and Request for Disclosure Page 1 Town of Lakewood Village v. Harry Bizios III. PARTIES 4. The Town of Lakewood Village ("Town" or "Lakewood Village") is a municipality situated in Denton County, Texas, incorporated in and operating under the laws of the State of Texas.

5. Harry Bizios is an individual owning real property in Denton County, Texas.

Service of process may be made upon Defendant Bizios at 6107 Sweeney Trail, Frisco, Texas 74034.

IV. VENUE AND JURISDICTION 6. The Town brings this cause of action to obtain a temporary restraining order and temporary and permanent injunctive relief and recover civil penalties against Defendant pursuant to Subchapter B of Chapter 54 and Section 212.003 of the Texas Local Government Code. 7. Venue is proper and this Court has jurisdiction pursuant to Section 54.013 and Section 212.003 of the Texas Local Government Code. V. FACTS 8. Defendant Bizios owns the property described as LOT 84, BLOCK 1 OF SUNRISE BAY AT LAKE LEWISVILLE, AN ADDITION TO THE CITY OF LITTLE ELM, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET L, PAGE 224, PLAT RECORDS, DENTON COUNTY, TEXAS, also sometimes known as 3950 or 3960 Spinnaker Run Point, Denton County, Texas (the "Property").

9. The Property is located in the Extraterritorial Jurisdiction ("ETJ") of Lakewood Village. A copy of the Lakewood Village map is attached as Exhibit A, and a depiction that the Plaintiffs Original Petition, Request for Temporary Restraining Order, Request for Temporary and Permanent Injunction, and Request for Disclosure Page 2 Town of Lakewood Village v. Harry Bizios Property is located in the Lakewood Village ETJ is attached as Exhibit B. Pursuant to Chapter of the Texas Local Government Code, Lakewood Village has extended its subdivision regulations to its ETJ. See Lakewood Village Ordinance No. 13-07, attached as Exhibit C, which extends the subdivision regulations to the ETJ .

10. Lakewood Village Ordinance No. 11-16, which adopts the 2006 International Residential Code, requires that before beginning new construction of a residential structure, mechanical, electrical, plumbing, and building permits (collectively "Permits") must be obtained.

Excerpts of Ordinance No. 11-16 are attached as Exhibit D. This Ordinance, adopting the International Residential Code, relates to: [E]stablish[ing] minimum requirements to safeguard the public safety, health, and general welfare through affordability, structural strength, means of egress facilities, stability, sanitation, light and ventilation, energy conservation and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations.

See IRC 101.3.

11. Upon information and belief, Defendant Bizios hired a construction company, Allan Hoffmann, LLC ("Contractor"). The Defendant's Contractor is currently engaged in constructing a residential structure on the Property.

12. Defendant has failed and/or refused to request and obtain Permits for construction of the residential structure on the Property, in violation of the Lakewood Village Ordinances.

13. The purpose of obtaining Permits and complying with the building criteria contained in the Lakewood Village Ordinances in part is to provide minimum standards to protect the health, safety and welfare of persons and/or property by regulating and controlling the design, construction, quality of materials, and maintenance of structures.

Plaintiff's Original Petition, Request for Temporary Restraining Order, Request for Temporary and Permanent Injunction, and Request for Disclosure Page 3 Town of Lakewood Village v. Harry Bizios 14. The Contractor, on behalf of Defendant, submitted site plans to the Town for the construction work on or about January 27, 2014. The site plans were reviewed by the Town and comments and changes were made to the site plans. The comments and changes were to be discussed with the Contractor at a required pre-construction meeting. The Contractor cancelled the pre-construction meeting on February 19, 2014, and never rescheduled. The Contractor is currently building the residential structure on plans without the Town's comments and changes.

Part of the residential structure is being constructed within the 100 year flood plain. The finished floor surface of the structure must be built at or above the 540 msl. The current plans do not contain the level on which the residential structure is being built, and on information and belief, it appears the foundation will be below the required standard. To date, Defendant has not applied for or obtained the required Permits, in violation of the Town's Ordinances.

15. On Monday, March 10, 2014, Lakewood Village learned that construction work for the residential structure was being conducted on the Property. On that day, the Town Secretary drove to the site and observed construction work had been performed on the Property.

A picture of the work is depicted in Exhibit E. On Thursday, March 13, 2014, construction work continued at the Property, in violation of the Town's Ordinances. Pictures of the construction on that date are attached in Exhibit F. The Building Official for Lakewood Village therefore placed a stop work order ("First Stop Work Order") on the Property for performing work without the required Permits. A copy of the First Stop Work Order (unsigned) is attached as Exhibit G, and pictures of posting of the First Stop Work Order are attached as Exhibit H.

Workers for the Contractor were told about the First Stop Work Order.

16. On Friday, March 14, 2014, the posted First Stop Work Order had been removed.

See Exhibit I. Construction work continued on the Property that date, in violation of the Town's Plaintiffs Original Petition, Request for Temporary Restraining Order, Request for Temporary and Permanent Injunction, and Request for Disclosure Page 4 Town of Lakewood Village v. Harry Bizios Ordinances, so a stop work order ("Second Stop Work Order") was posted on the Property. A copy of the Second Stop Work Order (unsigned) is attached as Exhibit J, and a picture of the posted Second Stop Work Order is attached as Exhibit K. The Second Stop Work Order was discussed with the Owner and the Contractor. Nevertheless, construction continued on the Property, in violation of the Town's Ordinances. See Exhibit L. On Tuesday, March 18, the Second Stop Work Order had been removed from the Property, see Exhibit M, workers were observed leaving the site with construction equipment on that date, see Exhibit N, and construction continued on the Property on Wednesday, March 19, 2014, all in violation of the Town's Ordinances.

17. Upon information and belief, Defendant has begun pier construction work for the foundation of the Property. To date, Defendant has failed to submit an engineer's certification that the pier construction being performed on the Property was done in accordance with an engineer's plan as required by the Town's Ordinances.

18. To date, and despite ongoing construction of the residential structure on the Property, Defendant has not applied for nor obtained the Permits for the Property.

19. To date, Defendant has failed to permit the Building Official to inspect the construction work being done on the Property in violation of Ordinance 11-16, which incorporates R109.1 - R109.3 of the International Residential Code. 20. To date, Defendant has failed to abide by the stop work orders posted on the Property, and discussed with the Owner and Contractor. Failing to abide by a stop work order is proscribed by Ordinance 11-16, which incorporates Chapter R 114.2 of the International Residential Code.

Plaintiff's Original Petition, Request for Temporary Restraining Order, Request for Temporary and Permanent Injunction, and Request for Disclosure Page 5 Town of Lakewood Village v. Harry Bizios VI. CAUSE OF ACTION 21. Subchapter B of Chapter 54 and Section 212.003 of the Texas Local Government Code apply to the Lakewood Village Ordinances.

22. Pursuant to Sections 54.016 and/or Section 212.003(c) of the Texas Local Government Code, Plaintiff requests that the Court issue a temporary restraining order, ordering Defendant to immediately cease any construction on the Property (1) without obtaining necessary permits; (2) without obtaining necessary engineering inspection certificates; (3) without permitting inspections by the Building Official or designee; and (4) in violation of stop work orders from the Building Inspector.

23. Pursuant to Sections 54.012, 54.016, and Section 212.003 of the Texas Local Government Code, Plaintiff requests upon notice and hearing, the issuance of a temporary injunction and a permanent injunction, ordering Defendant to comply with Lakewood Village Ordinances.

24. Section 212.003 of the Local Government Code provides: "The municipality is entitled to appropriate injunctive relief in district court to enjoin a violation of municipal ordinances or codes applicable in the extraterritorial jurisdiction." TEX. Loe. Gov'T CODE ANN. § 212.003(c) (emphasis added). In seeking injunctive relief, it is not necessary for the municipality to prove that another adequate remedy or penalty for a violation does not exist or to show that prosecution in a criminal action has occurred or has been attempted. TEX. Loe. Gov'T CODE§ 54.016(b).

25. Pursuant to Section 54.017 of the Texas Local Government Code, Plaintiff requests civil penalties not to exceed one thousand dollars ($1,000) per day for each violation of Lakewood Village Ordinances.

Plaintiff's Original Petition, Request for Temporary Restraining Order, Request for Temporary and Permanent Injunction, and Request for Disclosure Page 6 Town of Lakewood Village v. Harry Bizios 26. As a matter of law, Lakewood Village, as a municipality, is not required to post a bond to obtain injunctive relief requiring the Defendant to comply with the Lakewood Village Ordinances.

VII. PRAYER WHEREFORE, Plaintiff the Town of Lakewood Village prays for the following relief: 1) Plaintiff be granted a temporary restraining order, ordering Defendant, his agents, contractors, and employees and the Defendant's representative(s) with control over the Property to allow inspections by the Town's Building Official or designee on the Property, and immediately cease and desist any construction on the Property until such time as they have (1) applied for and obtained approval from the Town of Lakewood Village of necessary permits and inspections; (2) submitted engineering inspection certificates to the Town of Lakewood Village; and (3) complied with the Town's Ordinances.

2) Plaintiff be granted temporary and permanent injunctive relief as provided herein; 3) Plaintiff be awarded judgment against Defendant for a civil penalty not to exceed one thousand dollars ($1,000) per day for each violation of the Code of Ordinances, Town of Lakewood Village, Texas on the Property; 4) Plaintiff be granted judgment against Defendant for all costs of court; 5) Plaintiff be granted judgment against Defendant for post-judgment interest at the highest legal rate; and 6) Plaintiff be granted such other and further relief, both general or special, at law or in equity, to which it may show itself to be justly entitled.

Respectfully submitted,

WM. ANDREW MESSER STATE BAR No. 13472230 [email protected] BRENDA McDONALD STATE BARNo. 14993300 [email protected] BRETT GARDNER STATE BAR No. 24078539 Plaintiff's Original Petition, Request for Temporary Restraining Order, Request for Temporary and Permanent Injunction, and Request for Disclosure Page 7 Town of Lakewood Village v. Harry Bizios [email protected] MESSER ROCKEFELLER & FORT, PLLC 6351 PRESTON ROAD, SUITE 350 FRISCO, TEXAS 75034 972.668.6400 - TELEPHONE 972.668.6414 - FACSIMILE ATTORNEYS FOR PLAINTIFF TOWN OF LAKEWOOD VILLAGE

Plaintiffs Original Petition, Request for Temporary Restraining Order, Request for Temporary and Permanent Injunction, and Request for Disclosure Page 8 Town of Lakewood Village v. Harry Bizios VERIFICATION

STATE OF TEXAS COUNTY OF DENTON I, Steve Freeman, the Building Official for the Town of Lakewood Village, after being duly sworn, hereby certify that I am qualified and authorized to make this affidavit, and that I have read each and every factual allegation in paragraphs 8-20 of the foregoing pleading and that said factual allegations are within my personal knowledge and are true and correct.

I ) ') A11~' fgr/£/fL/' 'UM_ _./ Steve Freeman: Building Official

Subscribed and sworn to before me this ~day of March 2014.

W1Yil \N °1\l1 ?1J\S6 Notary Public IWRA WILLIAMS My Cemmlllion Expires February 25. 2018

Plaintiffs Original Petition, Request for Temporary Restraining Order, Request for Temporary and Permanent Injunction, and Request for Disclosure Page 9 Town of Lakewood Village v. Harry Bizios VERIFICATION

STATE OF TEXAS COUNTY OF DENTON I, Linda Asbell, Town Secretary for the Town of Lakewood Village, after being duly sworn, hereby certify that I am qualified and authorized to make this affidavit, and that I have read each and every factual allegation in paragraphs 8-20 of the foregoing pleading and that said factual allegations are within my personal knowledge and are true and correct.

~cl[/y~k:uiz Lmda Asbell, Town Secretary

l Subscribed and sworn to before me this qfuday of March 2014.

4tLW~ ~'J1\llCAA~ Notary Public KAIRA WILLIAMS My Comnilllon Expires February 25. 2018

Plaintiffs Original Petition, Request for Temporary Restraining Order, Request for Temporary and Permanent Injunction, and Request for Disclosure Page 10 Town of Lakewood Village v. Harry Bizios LOCAL RULE 2.1 CERTIFICATE I certify that to the best of my knowledge the party against whom relief is sought ex parte is not represented by counsel in the matter made the basis of the relief sought.

Certified to this 20th day of March, 2014.

Wm. Andrew Messer

Plaintiff's Original Petition, Request for Temporary Restraining Order, Request for Temporary and Permanent Injunction, and Request for Disclosure Page 11 Town of Lakewood Village v. Harry Bizios Exhibit A

Resolution 12-01 Exhibit A

TOWN OF LAI(EWOOD VILLAGE OFFICIAL MAP O\CK~;OM l.N I ~~UNfW;r ClAY Pl Oak Point llttleElm City Umlts:o<.11.1it N Oak Point City limits ETJ le D Ill ?!'.· .. J Lil Ct'. n x (I) ttle Elm .

ETJ ~ ·_, ,'' ·, ' .,,,,,,.,

Resolution 12-01 Official Map Page 2 of2

Exhibit B

Resolution 12-0 I Exhibit A

TOWN OF LAKEWOOD VILLAGE OFFICIAL MAP

Oak Point LlttleElm City Umlts. _'·' , u Oak Point City limits ( ETJ ·,

Lakewod Village Town Limits

Resolution 12-01 Oflicinl Mup Page 2 of2

Exhibit C

STATE OF TEXAS CERTIFICATE TO COPY OF PUBLIC RECORD COU~TY OF DENTON I hereby certify. in the performance of the functions of my onice. that the attached instrument is a fulL true and correct copy or the Town of Lake\vood Village Ordinance 13-07. The same appear of record in my office and said documents arc the official records from the public onice or the Town Secretary or the Town of Lakewood Village. Denton County. Texas. and arc kept in said office.

I fu11hcr certiJ~· that I am the Tmvn Secretary of the Town or Lakewood Village. that have legal custody of said records. and that I am a lawful pnssessor and keeper of' the ri.::cords in said office.

In witness whereof I have hereunto set my hand and affixed the onicial seal of The To1,,vn of Lakewood Village this 19th day of March, 2014.

<~fl.a ~bgJ2Q l'.i~ib'~\sbdl. TRJ'v!C Town Secretary Town of Lakewood Village Denton County State of Texas

TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE NO. 13-07 AN ORDINANCE OP THE TOWN OF LAKEWOOD VILLAGE, TEXAS, REGULATING SUBDIVISIONS AND OTHER PROPERTY DEVELOPMENTS, PROVIDING FOR PRELIMINARY PLATS, FINAL PLATS, MINOR PLATS, VACATION OF PLATS, REPLATS AND AMENDMENT OF PLATS; PROVIDING FOR DEVELOPMENT PROCESS; PROVIDING FOR ST AND ARDS AND REQUIREMENTS; PROVIDING FOR STREETS AND DRAINAGE, WATER AND SEWER INFRASTRUCTURE; EXTENDING REGULATIONS TO THE TOWN'S EXTRATERRITORIAL JURISDICTION; PROVIDING SEVERABILITY CLAUSE; PROVIDING SAVINGS CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A REPEALER; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Town Council ('"Town Council'') desires to amend Ordinance 08-06 and all other ordinances regarding the Town's rules and regulations for subdivisions and property development as authorized by Chapter 212, Texas Local Government Code, as amended; and WHEREAS, the Town Council ('"TO\vn Council") desires to review for approval or disapproval plan, plats, and replats filed with the Town as authorized by Chapter 212, Tex. Loe.

Gov. Code (Vernon), as amended; and WHEREAS, the Town Council finds that there is a public necessity requiring adoption of this Ordinance, said public necessity being the need to establish rules and regulations for subdivisions and property development and extend such rules and regulations to the extraterritorial jurisdiction of the Town (''ETJ") to protect the public health, welfare and safety of the citizens of the Town and the ETJ; and WHEREAS, the Town Council is authorized and empowered to or require the developer to (i) design, install or improve streets, roads. water and a sanitary sewer systems within the Town by constructing, extending, or enlarging sucb system, and is further authorized to adopt any rules and regulations appropriate to the exercise of such powers, and to (ii) protect the public health, welfare and safety of the citizens of the Town: and WHEREAS, the Town Council has conducted a public hearing on the application of the Town's regulations for subdivisions and property development to its ET.l, and the Town Council finds and determines that all required notices and hearings in this regard have been given and that the meeting at which the public hearing has been held and at which this ordinance is being adopted were open to the public and conducted according to applicable law~ and

Ordinance 13-07 Subdivision Regulations Page 1 of24

WHEREAS, the Town Council is authorized and empm,vered to apply the Town's regulations for subdivisions and property development to its ETJ pursuant to Section 212.003 of the Texas Local Government Code; and WHEREAS, the Town Council hereby finds that the adoption of this Ordinance is in the best interests of the health, safety and \Velfare of the citizens of the Town.

NO\\', THEREFORE, BE 1T ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS :

ARTICLE I. IN GENERAL Sec. 1. Findings Incorporated.

The findings set forth above are incorporated into the body of this ordinance as if fully set forth herein.

Sec. 2. Short title.

The following regulations are hereby adopted and shall be known and may be cited as ''Town of Lakewood Village Subdivision and Property Development Regulations." Sec. 3. Definitions.

The following words, terms, anc.l phrases, when used in this chapter, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning.

Words not specifically delined shall have the meanings given in Webster's Ninth New Collegiate Dictionary. as revised.

Accessory structure or /mi/ding shall mean a subordinate structure or building customarily incident to and located on the same lot occupied by the main structure or building.

Applicant shall mean the owner(s) of the property to be developed.

Bond shall mean any form of security, including a cash deposit, surety bond, or instrument of credit in an amount and form approved by the TO\vn.

Building shall mean any structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattel or property of any kind.

To11•11 means Town of Lakewood Village.

Town Council means Town Coum:il ol' the Town of Lakewood Village.

Town standards shall mean those standards and spcci fications. together \Vi th all tables.

Ordinance 13-07 Subdivision Regulations Page 2 of 24

charts, graphs, drawings and other attachments hereinafter approved and adopted by the Town Council, which may be amended from time to time, and are administered by the Town staff for the construction and installation of streets, sidewalks, drainage facilities, water and sanitary sewer mains and any other public facilities. All such facilities which are to become the property of the Town upon completion must he constructed in conformance with these standards.

Construction plans shall mean the maps. drawings and technical specifications. including bid documents and contract conditions, where applicable, which provide a graphic and written description of the character and scope or the work to be performed prepared for approval by the Town for construction.

Cross drainage shall mean a defined waterway course, approximately perpendicular to the proposed roadway, which requires the construction or a bridge, pipes or box culvert, or other structure to conduct drainage under the roadway.

Developer shall mean any person, corporation, governmental or other legal entity engaged in the development of property by improving a tract or parcel of land for any use. The term "developer'' is intended to include the term ··subdivider." Development shall mean the construction of one (I) or more new buildings or structures, or the structural alteration, relocation or enlargement or one (1) or more new buildings or structures of an existing building or structure on one (I) or more building lots or sites. or the installation of site improvements.

Easement shall mean a grant by a property O\vner to the public. a corporation, or persons for a general or specific use of a defined strip or parcel or land, for such purpose as the installation, construction, maintenance and/or repair of utility lines, drainage ditches or channels, or other public services, the ownership or title to the land encompassed by the casement being retained by the O\vner of the property.

Engineer shall mean any person duly authorized under the Texas Engineering Practice Act (V .A.C.S. art. 3271 a). ns amended, to practice the profession or engineering.

Engineering plans shall mean the maps and drawings required for plat approval.

Lot shall mean an uncli vided tract or parcel of land having access to a street, which is designated as a separate and distinct tract or lot number or symbol on a duly approved plat filed of record. The terms ''lot" and "tract" shall be used interchangeably.

O.fl-site shall mean any premises not located \vithin the property to be developed, regardless of ownership.

OH·'ner shall mean any persons, firm or corporation having leg.al title to the property.

Plat shall mean a map representing a tract of ·land showing the boundaries of individual prope1iies and streets or a map. drawing. chart. or plan showing the layout of a proposed

Ordinance 13-07 Subdivision Regulations Page 3 of24

subdivision into lots, blocks, streets, parks, school sites. commercial or industrial sites, drainage ways, easements, alleys, which an applicant submits for approval and a copy of which he intends to record with the County Clerk of Denton County.

Plat, final, shall mean the map or plan or a proposed development submitted for approval by the Town Council. where required, prepared in accordance \Vith the provisions of this chapter and requested to be filed with the Countv. Clerk of Denton Countv. .

Plat, prelimina1:v, shall mean the initial map or plan or a proposed development showing the general layout of streets. blocks and lots, utility systems. and drainage systems.

Righl-<~Fway shall mean a strip of land acquired by dedication, prescription or condemnation and intended to be occupied by a road, sidewalk, railroad, electric transmission facility, water mains, sewer mains, storm drainage or other similar facility. Rights-of-way intended for streets, sidewalks. water mains, sewer mains, or any other use involving maintenance by a public agency shall be dedicated to the public use by the plat applicant either by easement or in fee simple title.

Streets and alleys shall mean a way for vehicular traffic, whether designated as a street highvvay, thoroughfare, parkway, througlnvay. road, avenue, boulevard, lane, alley, place or however otherwise designated. Town streets shall conform to the following classifications: (1) Arterial streets and highways are those which arc used primarily for higher speed and higher volume traffic. Routes for such streets shall provide for cross-to\vn circulation and through-town movements. (2) Collector streets arc those which carry traffic from minor streets to the major system of arterial streets and highways, including the principal entrance, circulation streets of a residential development and streets for circulations within such a development of a residential subdivision.

(3) Minor streets arc those. which are used primarily for access to abutting properties.

(4) Marginal access streets are minor streets located parallel to and adjacent to arterial streets and high\lv'ays, providing access to abutting properties and protection from the traffic of the thoroughfares.

(5) Alleys are minor \:Vays used primarily for access to abutting properties for vehicle service usually to the back or side of a property.

Structural alterations shall mean the installation or assembly of any new structural components, or any change to existing structural components, in a system, building or structure.

Structure shall mean anything constructed or erected, which requires location on the ground. or attached to something having a location on the ground, including, but not limited to, buildings of all types and ground signs, but exclusive of customary fences or boundary or retaining walls.

Subdivision shall mean dividing a tract in two (2) or more pm1s for the purpose of creating

Ordinance 13-07 Subdivision Regulations Page 4 of24

lots, including an addition to the Town, to lay out suburban, building or other lots or to lay out streets, alleys, squares, parks, or other parts of the tract intended to be dedicated to the public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks or other parts. "Subdivision" refers to any division irrespective of whether the actual division is made by metes and bounds description in a deed of conveyance or a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method. A subdivision does not include a division of land into parts greater than five (5) acres, where each part has access and no public improvement is being dedicated.

Sec. 4. Purpose.

The purpose of this ordinance is to set forth the procedures and standards for development of property, layout and design of subdivisions or real property within the corporate limits of the TO\vn which are intended to promote the health. safety and general welfare of the Town and the safe, orderly, and healthful development of the Town.

Sec. 5. Compliance required.

(a) Any owner of land who proposes the development of a lot or tract of land located within the corporate limits of the Town or ET.I or the subdivision of a lot or tract located in the corporate limits of the To\vn or ET.I shall have a plat of the lot or tract of land or subdivision prepared and approved in accordance with all Ordinances of the Town and recorded with the County Clerk of Denton County.

(b) Notwithstanding paragraph (a) above, a plat shall not be required where the development of the lot or tract of land is for the sole purpose of perfom1ing alteration(s) or improvements to an existing single-family residence or the auxiliary uses thereto. All such alterations or improvements must be permitted in compliance with all applicable codes and ordinances of the Town (c) No Final Plat shall be approved within the Town of Lakewood Village or its extraterritorial jurisdiction until the applicant has made adequate provision for thoroughfares as shown on the Thoroughfare Plan (map) as approved by the Town. The Thoroughfare Plan is a guide for the roadway connections and types that will be needed in the future. Subject to Town Council. or designee approval. as long as the connection is made, whether or not it is close to the exact alignment shown on the Thoroughfare Plan, no Thoroughfare Plan amendment should be necessary. The design and construction of the proposed thoroughfare shall be in conformance with the Town's master plans for thoroughfares and with any adopted Developmell/ Standardsfbr Construction (DSC). and shall be subject to approval by the Tov·:n Council. or designee. If a different roadway type is found to be adequate or if the connection is not proposed to be made. then the plat may not be approved unless the thoroughfare plan is amended. A Traffic Impact Analysis may be required prior to approval of the proposed amendment.

Sec. 6. Extension of Subdivision Rules and Regulations, Building Standards and Construction Permits and Fees, and Uniform Codes to the Extraterritorial .Jurisdiction.

Ordinance 13-07 Subdivision Regulations Page 5 of24

This ordinance is hereby adopted under the authority of the Constitution and laws of the State of Texas. including Texas Local Government Code Chapter 212, and is being adopted after conducting a public hearing on the matter.

The Town Council hereby amends Ordinance 08-06, the Town of Lakewood Village Subdivision and Property Regulations by extending the application of the Town of Lakewood Village Subdivision and Property Regulations to the cxtratcITitorial jurisdiction of the Town, as that area may exist from time to time. This ordinance shall be applicable to the filing of plats, the subdivision of land, and development of property within the corporate limits of the Town and its extraterritorial jurisdiction as they may exist from time to time adjusted.

All ordinances of the Town, including Ordinance 10-0L which by such ordinance(s) the Town Council has adopted and made applicable to the TO\·Vn the uniform codes, including but not limited to those concerning and applicable to building, plumbing, mechanical. energy, fuel and gas, property maintenance, electrical, fire and all appendices thereto, and all ordinance(s) concerning and related to permits and permit foes for building and construction, shall be and are hereby amended to apply and extend all such ordinances and their provisions to the "ET.I" of the Town to the full extent as permitted by law.

The Town shall have all remedies and rights provided by Texas Local Government Code, Chapter 212, with regard to the control and approval of subdivisions and plats and property development both within the TO\vn and within its ETJ to the full extent as permitted by law.

ARTICLE: II. PLATS DIVISION 1. GENERALLY Sec. 7. Fees.

The applicant for approval of a preliminary plat, final plat, replat amended plat, minor plat or modified final plat shall, upon submission of the plat application and all required documentation, pay a nonreturnable fee, as established by the Town Council, for the review and processing of the plat application. Upon approval of the final plat, replat, amended plat or final minor plat. the applicant shall pay an additional recording fee established by the county for recording the plat \.Vith the county clerk.

Preliminary, Replat and final Plat Review Fees. A preliminary plat, replat, and final plat review fee shall be paid to the Tovm upon the filing of the preliminary and final plat in accordance with the follmving schedule: $700 per plat plus $20.00 per lot.

Sec. 8. Process for approval.

(a) The plat shall be scheduled for consideration at the next regular meeting of the Town

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Council.

(b) If the plat is disapproved by the Town Council, the applicant may correct the items of concern and resubmit the plat for approval one (1) time within six (6) months by paying one-half (1/2) of the original fee. If the plat is disapproved a second time or if a second request is not received within six (6) months of the first disapproval, the applicant will be required to repeat the plat application process from the beginning and pay all standard application fees.

(c) An applicant may withdraw his plat application from consideration at any time during the application process by filing a \Witten notice of withdrawal with the Town. Upon filing the notice to withdraw, the Town shall discontinue processing the plat application. The applicant must file a wTitten request to proceed with further consideration of the plat within six (6) months of withdrawal and the Town shall continue the application process. If the request to proceed with tUrther consideration of the plat is filed more than six (6) months after filing the notice of withdrawal, the applicant shall be required to repeat the plat application process from the beginning and pay the standard application fees.

Sec. 9. Requirements for approval of application by Town Council.

(a) Within thirty (30) days of the date that the application is deemed administratively complete, the Town Council shall approve a plat if it complies with the requirements of this chapter, the applicant is not in arrears in the payment of any debts owed the Town required by this chapter on a previous plat, it contemns to the general plan of the Town and its current and future streets, alleys, parks, playgrounds, and public utility facilities plans, and it conforms to the Town's general plan for the extension of roads, streets, and public highways, taking into account access to and extension of sewer and water mains and instrumentalities of public utilities.

(b) A plat is considered approved by the Town Council unless it is disapproved within such thirty-day period.

Sec. 10. Recordation.

(a) Preliminary plats are not recorded with the county clerk.

(b) Applicant shall record all plats with the county clerk upon the Town Council's approval of the plat and the applicant's submission of the required recording fee to the County.

(c) Applicant shall record all other plats with the county clerk upon the Town Council's approval of the plat and the applicant's submission of the required recording fee to the County.

(d) A final plat shall become null and void six (6) months after its approval by the Town Council, unless the final plat is filed and recorded in Denton County Clerk Real Property Records.

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(e) A general development plan shall become null and void six (6) months after its approval by the City Council, unless the general development plan is filed and recorded in Denton County Clerk Real Property Records.

Sec. 11. Approval of preliminary plats.

Approval of a preliminary plat shall be deemed to be an expression of approval to the layout submitted as a guide to the preparation of the final plat and shall not constitute approval of a final plat.

DIVISION 2. PRELil'vlINARY PLATS Sec. 12. Form, contents and required documentation.

(a) Preliminary plats shall be filed with the town secretary. The town secretary shall stamp the following notice on the face of each preliminmy plat: "Preliminary plat for inspection purposes only and in no way official or approved for record purposes and not approved for construction.

(b) When filing a preliminary plat application, it shall be accompanied by the following minimum documentation: (1) Completed preliminary plat application; (2) Eight (8) copies of the plat: (3) Eight (8) copies of engineering plans; (4) Deed showing current ownership of the platted property: (5) Tax certificates showing property owner is not in arrears in payment of taxes; and (6) Nonrefundable application fee, as established by the Town Council.

(c) Preliminary plats must meet the following criteria and contain the following information: (1) Scaled drawing no smaller than l" = 200' on a sheet size no greater than twenty-four (24) inches by thirty-six (36) inches (multiple sheets may be submitted; however, each sheet must be registered and match lines to allow assembly of the multiple sheets); (2) Boundary of the subject tract: (3) All existing and/or proposed streets and alleys with street names, widths and relation to surrounding existing street patterns;

Ordinance 13-07 Subdivision Regulations Page 8 of24

( 4) Approximate width and depth of all proposed lots; (5) Layout, in dotted lines, of all adjacent lots to the property being platted shO\ving lot size, lot and block numbers, name of existing subdivision or prope11y owner if undeveloped property; (6) FEMA designated 100-year floodplain boundary; (7) Date, scale, north point, and small scale location map: (8) Name and address of all property owners of the property being platted; (9) Name and address of engineer and surveyor; and ( 10) Signed statement of the engineer and/or surveyor who prepared the preliminary plat indicating the records or survey from \vhich the property description of the boundary of the proposed plat was developed.

(d) The engineering plans shall be in compliance with the current adopted construction standards of the Town and shall consist of the following: (1) Layout of all needed off-site utilities; (2) Water system layout. including size of line and fire hydrant location; (3) Sewer system layout, including size of line, location of manholes and cleanouts; (4) Drainage plan prepared in accordance with standard 100 year flood frequencies rainfalls which shows the overall analysis of the change of existing condition to fully developed condition and identify approximate location where water will exit the subdivision. Drainage plan shall show all contours for proposed development; and (5) As-built drawings of existing structures, if applicable.

DIVISION 3. FINAL PLATS Sec. 13. Form, contents and required documentation.

(a) Final plats are mandatory.

(b) In cases where a preliminary plat was previously approved, the final plat shall confom1 to the approved preliminary plat.

(c) Final plats shall be filed with the City Secretary and shall be accompanied by the following minimum documentation:

Ordinance 13-07 Subdivision Regulations Page 9 of24

(I) Completed final plat application; (2) Eight (8) copies of the plat: (3) Eight (8) copies of engineering plans: (4) Deed showing cmTent O\Vnership of the platted property; (5) Tax certificates showing property owner is not in arrears in payment of taxes; (6) A statement on the plat application showing that all fees owed the Town on any prior projects has been paid in full at the time the application was filed: and (7) Nonrefundable application fee, as established by the TO\vn Council.

(d) Final plats must meet the following criteria and contain the following information: ( 1) Scaled drawing no smaller than 1" = l 00' on a sheet size no greater than twenty-four (24) inches by thirty-six (36) inches (multiple sheets may be submitted; however, each sheet must be registered and match lines to allow assembly of the multiple sheets and an index sheet shall be dra\vn on a sheet twenty-four (24) inches by thirty- six (36) inches shov./ing the entire property being platted); (2) The shape and the exterior boundaries of the property being platted shall be indicated by the use of a distinctive and individual symbol; (3) The length of all straight lines. deflection angles, radii, arcs, and central angles of all curves shall be given along the property lines of each street or tabulated on the same sheet showing all curve data with its symbol. All dimensions along the lines of each lot with the angles of intersections \Yhich they make with each other shall be indicated; (4) The names of all adjoining subdivisions, the side lines of abutting lots, lot and block numbers, all in dotted lines, and where possible, accurate reference tics to at least hvo (2) adjacent recognized land corners shall be clearly indicated; (5) The description and location of all survey monuments placed on the property being platted shall be indicated: (6) A title shall be indicated, including the name of the property being platted, the name of the applicant and scale and location of the property being platted with reference to original surveys and a norlh point which may be magnetic or true north, with notation stating which.

(7) FEMA designated 100-ycar floodplain boundary, including finish floor elevation established a minimum of three feet above the calculated 100 year flood. A

Ordinance 13-07 Subdivision Regulations Page 10 of24

surveyor's certificate shall be placed on the final plat as follows: KNOW ALL MEN BY THESE PRESENTS: That I, • do hereby certify that I prepared this plat from an actual and accurate survey of the land and that the comer monuments shown thereon were properly placed under my personal supervision, in accordance \Vith the Subdivision and Prope1ty Development Regulations of the Town of Lakewood Village, Texas.

Signature Texas Reg. No.

(9)A certificate of O\Vnership and of dedication of all streets. alleys. easements and lands to public use forever, signed and acknowledged before a notary public by the owner of the land, shall appear on the face of the map, containing complete and accurate description of the property being platted and the streets dedicated; (10) The applicant will furnish the Town a copy of the dedication at the same time the final plat is submitted for approval: and (11) The following certificate of approval by the Town Council shall be placed on the plat: Approved this day of _ _ _ _ , 20 _ _ _ _ , by the Town Council of the Town of Lakewood Village, Texas.

Mayor Town Secretary (e) The engineering plans shall be in compliance with the current adopted construction standards of the Town and shall consist of the following: (1) Street layout and grades: (2) Water system layout, including size of line and fire hydrant location; (3) Sewer system layout, including size and grade of lines. location of manholes and cleanouts. and Ii ft station design; (4) All drainage structure designs, analysis of as-is and full development for where the water exits the subdivision, analysis of all streets to determine if they meet drainage criteria, FEMA floodplain and Ooodway boundaries (if applicable), and letter(s) of

Ordinance 13-07 Subdivision Regulations Page 11 of24

release from property owners affected by diversion of water (except for watercourse(s) designated on current Town topography maps); and (5) As-built drawings of existing structures, if applicable.

DIVISION 4. VACATION OF PLATS, REPLATS AND AMENDMENT OF PLATS' Sec. 15. Vacation of plats.

(a) Any plat, replat or amended plat previously recorded with the county clerk may be vacated by the property owner(s) at any time prior to the sale of any lot therein by filing a written signed and acknowledged instrument declaring the same to be vacated and recorded with the county clerk.

(b) If the one (1) or more lots have been sold, the plat, rep lat or amended plat may be vacated by the property ovmers by filing a written signed and acknowledged instrument with the town secretary. The vacating instrument must be approved by the Town Council in the same manner as the original plat, replat or amended plat. The Town Council shall disapprove the vacating instrument which abridges or destroys public rights in any of its public uses, improvements, streets, or alleys. Upon approval by the Town Council, the vacating instrument may be recorded with the county clerk and the vacated plat, replat or amended plat shall have no effect.

State law reference(s)--Vacating plats, V.T.C.A., Local Government Code§ 212.013.

Sec. 16. Replats without vacating preceding plat.

A replat may be recorded and controls over a previously recorded plat without vacation of that plat if the replat is signed and acknowledged by the mvners of the property being platted, does not attempt to amend or remove any covenants or restrictions, and is approved, after a public hearing on the matter, by the Town Council.

Sec. 17. Plat amendments or corrections.

(a) The Town Council may approve and issue an amended plat, which may be recorded with the county clerk and controls over the preceding plat without vacation of the plat, if the amended plat is signed by the applicant(s) and is solely for one (l) or more of the following purposes: (1) To correct an error in a course or distance shown on the preceding plat; (2) To add a course or distance that was omitted on the preceding plat; (3) To cotTect an error in the description of the real propetiy shown on the preceding plat;

·state law reference-Vacating plats, amending plats, etc., V.T.C.A. Local Government Code § 212.013 et seq.

Ordinance 13-07 Subdivision Regulations Page 12 of24

(4) To indicate monuments set forth after death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments; (5) To show the proper location or character of any monument which has been changed in location or character or which originally was shown incorrectly as to location or character on the preceding plat; (6) To correct any other type of scrivener's or clerical error or omission previously approved by the planning and zoning commission and/or Town Council, including lot numbers, acreage, street names, and identification of adjacent recorded plats; (7) To correct an error in courses and distances of lot lines between two (2) adjacent lots where both lot owners join in the application for plat amendment and neither lot is abolished; provided, that such amendment does not attempt to remove recorded covenants or restrictions and does not have a material adverse effect on the property rights of the other owners in the plat: (8) To relocate a lot line in order to cure an inadvertent encroachment of a building or improvement on a lot line or on an easement; (9) To relocate one (1) or more lot lines between one (1) or more adjacent lots where the owner(s) of all such lots join in the application for the plat amendment; provided, that such amendment does not attempt to remove recorded covenants or restrictions and does not increase the number of lots; or (10) To make necessary changes to the preceding plat to create six (6) or fewer lots in the plat if the changes do not affect applicable zoning and other regulations of the Town, and the changes do not attempt to amend or remove any covenants or restrictions and the area covered by the changes is located in an area that the Town Council has approved, after a public hearing, as a residential improvement area.

(11) To replat one or more lots fronting on an existing street if the owners of all those lots join in the application for the amendment; the amendment does not attempt to remove recorded covenants or restrictions or increase the number of lots; and, the amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities.

(b) Notice, a hearing, and the approval of other lot owners are not required for the approval and issuance of an amended plat.

ARTICLE III. DEVELOPMENT PROCESS Sec. 18. Construction of infrastructure.

(a) Following approval of the final plat, the plat applicant shall submit full construction plans for all proposed infrastructure to be constructed for the platted prope1iy. Construction plans

Ordinance 13-07 Subdivision Regulations Page 13 of24

submitted shall be in conformance with the approved plat. The Town engineer shall review the submitted plans for compliance with the construction standards adopted by the Town.

(b) Upon approval of construction plans by Town Council, the plat applicant and/or the plat applicant's contractor will provide written notification to the Town engineer of the intent to commence construction of the required infrastructure. No work may be performed unless written notification has been provided to the Tov"·n engineer. The written notification shall contain the following information: (I) Name of the plat or subdivision; (2) Plat applicant's name; (3) Contractor's name, address and phone number; (4) Type of construction to be performed; and (5) Estimated value of construction contract.

(c) The Town engineer shall issue an acknowledgment of receipt of notification to the developer and/or his contractor.

Sec. 19. Acceptance of infrastructure.

(a) Upon completion of all required infrastructure, prior to the acceptance of the subdivision by the Town for maintenance, the applicant shall post, or cause to be posted, a maintenance bond executed by a corporate surety or corporate sureties duly authorized to do business in this state, payable to the Town and approved by the Town as to form, to guarantee the maintenance of the construction for a period of one ( 1) year after its completion and acceptance by the Town. In lieu of a maintenance bond, the applicant may submit either an irrevocable letter of credit payable to the Town and approved by the Town as to form or a cash bond payable to the Town and approved by the Town as to form. The actual value of the maintenance bond or letter of credit or cash bond shall be ten ( 10) percent of the full cost of the water and sewer system and fifteen (15) percent of the full cost of the cost of street and drainage construction, as detem1ined by the estimate of construction costs.

(b) Upon receipt of the approved maintenance bond, irrevocable letter of credit or cash bond. the Town engineer shall issue a written letter of acceptance of the infrastructure and notify the building and development department that the subdivision has been accepted by the Town.

Sec. 20. Building permits issued prior to completion of infrastructure.

(a) In the event an applicant \vishcs to obtain building permits prior to acceptance of the subdivision by the Town, the applicant shall post with the Town a completion bond executed by a corporate surety or corporate sureties duly authorized to do business in this state, payable to the Town and approved by the Town us to form for all construction included in the approved

Ordinance 13-07 Subdivision Regulations Page 14 of24

construction plans that has not been completed. In lieu of a completion bond, the applicant may submit either an irrevocable letter of credit payable to the Town and approved by the Town as to form or a cash bond payable to the Town and approved by the To"vn as to form.

(b) Under no circumstances shall building above the foundation be permitted until adequate fire protection is available. Adequate lire protection means: (I) Town utilities are installed; (2) Fire hydrants providing protection arc operational: and (3) Streets are open and drivable, street subgrades worked to proper compaction and base course installed, graded and leveled, to facilitate vehicle movement.

(c) After the plat has been recorded and the completion bond, irrevocable letter of credit or cash bond has been received and approved by the Town, the Town engineer shall notify the building and development department. by lot and block numbers, that building permits may be issued.

Sec. 21. Agreements with the Town.

(a) All agreements entered into between the Town and the developer and/or applicant, as a condition of plat approval. shall be recorded along with the final plat.

(b) The executed agreement shall be submitted to the To\vn Council in conjunction with the original drawings required for filing and recordation.

ARTICLE IV. STANDARDS AND REQUIREMENTS DIVISION 1. GENERALLY Sec. 22. Lots and blocks.

(a) All lots of the plat shall front on a dedicated street.

(b) In general, lots shall conform in width, depth. and area to the pattern already established in the adjacent areas, having due regard to the character of the neighborhood, its particular suitability for residential purposes, and also taking into consideration the natural topography of the ground, drainage, sanitary sewage facilities, and the proposed layout of the streets.

(c) Lots shall have the size. \vie.Ith measurements, front, rear, and side yard requirements required by the cuffent Town Zoning Ordinance ..

(d) The area of the lots shall be computed by taking the average width of the lot times the average depth of the lot measured from the street line to the rear lot line.

Ordinance 13-07 Subdivision Regulations Page J 5 of24

(e) All sidelines oflots shall be at right angles to straight street lines or radial to curved street lines, unless a variation from this rule would, in the opinion of the Town Council, produce a better lot plan and better utilize the proposed development.

Sec. 23. Park sites.

The Town Council shall consider offers of land for parks or playgrounds which conform to the current master plan adopted by the Town, provided such plan exists.

Sec. 24. Use of Town condemnation authority.

(a) Water and sewer mains, force mains and lift stations, streets and drainage ways shall be located in easements or rights-of-way secured and paid for by the applicant. Such easements shall be properly assigned to the Town before service is extended to the subdivision.

(b) In cases where easements cannot be secured by the applicant, the applicant may file a written petition with the Town engineer, accompanying the plat application, requesting that the Town Council utilize its condemnation authority. The written petition must satisfy all of the following criteria: (1) The applicant must establish that clear evidence of public need exists; (2) The applicant must establish that the proposed extension is in accordance with the current adopted master utility plan(s). if such plan(s) exists; (3) The applicant must establish that the proposed extension will be able to serve other development areas; (4) The applicant must agree to pay all costs of the condemnation; and (5) The applicant must present written evidence that every practical attempt to secure the needed easements and/or right-of-way has been made by submitting the following: a. A condemnation appraisal by an independent appraiser as to the current market value and damages, if any, of acquiring the easement and/or right-of-way; and b. Documentation that a written offer has been made to purchase the easement and/or right-of-way for the appraised value and the offer was rejected.

(c) The petition shall be forwarded to the Town for review and recommendation and scheduled for consideration by the Town Council.

DIVISION 2. STREETS AND DRAINAGE Sec. 25. Streets.

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(a) Street widths in subdivisions shall conform to: Designation Right-of-Way (feet) Paving (feet) A+ major arterial 110 86 A major arterial 110 90 B +minor arterial 90 66 B minor arterial 80 56 C major collector 70 44 D minor collector 60 38 E minor local 50 31 (b) Existing streets shall be continued where practical, as determined by the Town Council.

Continuations of existing streets shall have the same or greater right-of:-\vay, pavement \vidths, and composition as the existing streets being connected. Street names shall be continuous.

(c) All necessary street rights-of-way shall be dedicated as part of the platting process and shall be dedicated to the To'Wn without cost.

(d) Dead-end streets may be platted \Vhere the land adjoining the plat has not been platted. In the event that such dead-end street exceeds one hundred fifty ( 150) feet in length or one (1) lot width, from the nearest street intersection, the street will be provided with a cul-de-sac, either permanent or temporary, having a minimum right-of-\vay radius of fifty (50) feet.

(e) Where dead-end streets are dictated by lot designs, such dead-end streets shall be provided with a permanent .cul-de-sac having a minimum right-of-way radius of fifty (50) feet.

(f) No street intersection shall be designed having an inside angle of less than thirty (30) degrees between the two (2) intersecting street lines, nor more than one hundred fifty ( 150) degrees.

(g) Block lengths between intersecting cross streets or to the end of a cul-de-sac shall be no more than one thousand two hundred (1.200) feet.

(h) Streets, where practical, shall be designed and platted with appropriate regard to topographical features, i.e., creeks and drainage ways, \vooded areas, etc., with the aim of creating desirable and attractive treatments of significant existing features. (Ord. No. 95-38, § I, 4-25-95). Private Streets shall not be allowed.

(i) Driveways; Any drive\vay or other common access to more than two residences which is not defined in Section 23(a), shall he considered a minor local road and shall conform to defined standards.

(j) Streets shall be concrete with a minimum thickness of 5'' and shall meet current Town design standards as determined by the Tovvn engineer.

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Sec. 26. Alleys, reserve strips.

(a) Alleys and/or easements shall be laid in the rear of lots fronting on adjoining streets \:vhere practicable. In residential subdivisions. the minimum width of right-of-way of an alley shall not be less than twenty (20) feet. All alleys shall be paved for the entire width of the right- of-way to the same specifications as minor residential streets. The rear or side line easement, where alleys are not provided, shall be a minimum of twenty (20) feet wide, arranged such that each lot shall have an equal ten-foot easement.

(b) No plat shovving reserve strips of land controlling access to public ways or adjoining properties \viii be approved.

Sec. 27. Drainage in special flood hazard areas.

Drainage structures in areas of special llood hazard m the Town shall comply with the provisions of the Tovm Ordinances.

Sec. 28. Drainage not in special flood hazard areas.

(a) Design of all improved open drainage courses and enclosed drainage structures shall be by a registered professional engineer in accordance with the current drainage design standards approved by the Tov.n Council. A revie\v of the downstream drainage system capacity to a point of discharge into the lake area shall be made. The rate of storm water discharge from the proposed development shall not exceed !low capacity of any existing structure or drainage system. This may require stom1 water detention or retention on site of the project.

(b) The design and construction of all improved open drainage courses and enclosed drainage structures shall provide for adequate access for the performance of necessary maintenance by the Town.

(c) All improved drainage courses and enclosed drainage structures shall be dedicated to the Town and accepted for maintenance by the Town upon approval of the construction by the Town engineer.

(d) The Town shall maintain all improved drainage courses. provided that the original design and construction has been approved by the Town engineer and accepted by the Town for maintenance.

(e) Improved open drainage courses shall conform as follows: (I) Open drainage courses which carries runoff from a street, between two (2) lots, to a drainage course running behind lots shall be a concrete-lined flume.

(2) Open drainage courses running behind lots may be of earthen channel or concrete- lined channel, provided the type of channel used satisfies the design criteria (velocity, type of soil, etc.) in accordance with the current drainage design standards approved by the Town Council.

Ordinance 13-07 Subdivision Regulations Page 18 of24

(3) Where the open drainage course is a concrete-lined flume, the width of the easement shall be equal to the \.vidth of the flume. All other open drainage courses require the width of the easement to be equal to the width from top-of-bank to top-of-bank plus maintenance way needs as given in the drainage design standards.

(f) Enclosed drainage courses shall conform as follows: (I) Cross drainage for right-of-\vay needs shall be designed to meet the same requirements as its channel, (2) Permanent structures and improvements may be constructed upon and across improved enclosed drainage courses in business zoning districts and manufacturing zoning districts. Design shall be to accommodate the 100-year frequency flood.

(3) The width to the easement shall be equal lo the width of the structure plus a width on each side of the structure lo allow maintenance and/or repairs.

Sec. 29. Street name signs.

Street name signs and markers and traffic control signs. in accordance with standards adopted by the Town, will be required at each intersection. The developer will provide street signs and posts for the markers and make the installations when the subdivision is accepted by the Town for maintenance.

DIVISION 3. WATER AND SEWER INFRASTRUCTURE Sec. 30. General Provisions.

(a) The intent and purpose of this division is lo provide equitable charges for water and sewer connections as a proportionate distribution of the cost of the water and sewer main extensions to serve property within the Town. If the existing Town utility facilities are not within or adjacent to a subdivision, the developer shall construct the necessary extension of water and sewer mains, force mains, force mains, and lift stations, including all valves, manholes, and piping necessary to serve any future development of abutting property as specified in this chapter. The developer's engineer shall prepare a proposed plan of service for the subdivision and property along the extension which shall be reviewed by the Town engineer. These facilities shall be constructed in accordance with both the master plan and the Technical and Administrative Manual for Water and Sewer System Development (''Manual").

(b) It is the general policy of the Town that: (1) Water and sev..·er mains should be large enough to serve all the lots platted and, should the Tovvn determine oversizing is necessary, the Town may participate in those lines greater than 8" for water and greater than 1O" for sewer.

Ordinance 13-07 Subdivision Regulations Page 19 of24

(2) All utilities shall be required to extend across the full width of the last lot platted on each street proposed within the subdivision, in such an alignment that it can be extended to the next property in accordance with the master se\~er and water plans for the Town, provided such plan(s) exist. Properties already served by water and sewer shall not be required to install additional facilities unless: (I) The current lines arc not of adequate capacity to serve the proposed development; in which case the applicant will be required to install adequate facilities.

(c) Every lot of the plat shall have direct access to the \Valer and sewer system. Utility service shall be from a water/sewer main located in an abutting right-of-way or through easements from the Jot to a water/sewer main.

(e) (I) The terms of this division shall be cumulative of all other ordinances regulating subdivisions, and such other ordinances arc not repealed by this division, except to the extent that such other provisions conflict with the tenns of this chapter, in which event this chapter shall prevail.

(2) The status of any previously designated line extension, lift station, or main shall be unaffected by this ordinance, save and except the Clear Creek pro rata line, designated in CCM #95-121 R. The Clear Creek pro rata line designation is hereby rescinded.

(f) In addition to any other remedy provided by lmv. the Town and its officers shall have the right to enjoin any violation of this chapter by injunction issued by a court of competent jurisdiction.

Sec. 31. \\'ater.

(a) No water main shall be extended unless the diameter of any such extended main is a minimum of six (6) inches inside the subdivision. Larger mains may be required per the water master plan, provided such plan exists.

(b) Water system layout shall be looped \Vhenevcr possible. Dead-end mains shall not exceed one thousand eight hundred (1,800) feet or include three (3) fire hydrants. Single feeds may be permitted at the discretion of the Town engineer; however, any such denial may be appealed to the Tovn1 Council. Single feeds should include provisions for looping in futme development.

(c) The location of fire hydrant(s) shall comply with and be approved by the Town Engineer and/or Fire Marshall and insurance requirements.

(d) Long water service taps shall be installed while the subdivision is being developed. Short water service taps shall be installed when needed for development. Long water service taps locations shall be clearly marked \Vith a plastic valve box directly above the tap. A Yi inch x 2 foot steel rod shall be driven vertically 6" inches below the ground surface for the location of

Ordinance 13-07 Subdivision Regulations Page 20 of24

each water tap. No water service taps smaller than six (6) inches in diameter shall be allowed on water mains larger than twelve ( 12) inches in diameter.

Sec. 32. Sewer.

(a) No se\ver main shall be extended unless the diameter of any such extended main is a minimum of six (6) inches inside the subdivision. Larger mains may be required per the sewer master plan, provided such plan exists.

(b) Manholes are required any time the alignment slope, or diameter of the sewer mam changes, or when two or more sewer mains intersect. In no case will the maximum spacmg between manholes, or from a manhole to cleanout, exceed 500 feet.

(c) Sewer services for sewer mains located in roadways shall be installed while the subdivision is being developed. Sewer services with direct access to the sewer main without encroaching on a roadway may be installed when needed for development. Sewer tap locations shall be clearly marked with a plastic valve box directly above the tap. A 1lz inch x 2 foot steel rod shall be driven vertically 6" inches below the ground surface for the location of each water tap. Sewer services six (6) inches and larger require a manhole where they intersect the sewer main. The sewer service shall extend a minimum of ten feet ( 1O') into the lot area.

(d) Minimum lift station capacity shall be one hundred (I 00) gallons per minute and shall have at least two (2) pumps, each of \vhich shall be capable or pumping the design capacity of the lift station. The minimum size of the wet w·ell shall be such that with any combination of inflow and pumping. the cycle of operation for each pump shall not be less than five (5) minutes and the maximum retention time in the wet well shall not average more than thirty (30) minutes.

(e) Septic system holding tanks or any other sewage rctainage facilities for the storage or removal of sewage are prohibited.

Sec. 33. Costs of Extensions.

a. Developer initiated. All costs or all water and sewer main extensions, force mains, and lift stations initiated by a developer in order to provide required service for their development area, shall be paid for by the developer. Such costs may include; but is not necessarily limited to, right-of-way acquisition, pipes, motors. pumps, engineering. construction costs, inspection fees, and all weather access.

In no event shall the Town pay for any costs associated with water and/or sewer improvements.

Sec. 34. Use of Water and Sewer Tap fices and Rate Revenues.

Tap fees and rate revenues shall be set in an amount sufficient to maintain and operate the system, with due regard for anticipated needs to improve, update, construct, and maintain the

Ordinance 13-07 Subdivision Regulations Page 21 of24

system.

Sec. 35. Use of Town Condemnation Authority.

a. Water and sewer mains, force mains, and litl stations shall be located in easements, secured and paid for by the developer. and assigned to the Town before service is extended to the subdivision. For the Town to consider to using condemnation authority to assist a developer in extension of the system, the applicant musl show clear evidence that every practical attempt to secure the easement has failed and there is a public need and interest for condemnation. Specific criteria and procedures shall be as stated in the manual.

b. Upon compliance with all procedures by the developer, the Town, at least l 0 days prior to the hearing shall notify all property owners within the proposed easement and 200 feet therefrom. A hearing of facts by the Town Council is required. Determination of the Town Council shall be final.

Sec. 36. Property Owners & Homeowner Associations Property Owners Associations or Homeowner Associations which require mandatory membership and who require mandatory fees, dues, levies, or monetary assessments are prohibited.

Sec. 37. Severability.

It is hereby declared to be the intention of the Town Council that if any of the sections, paragraphs, sentences, clauses, and phrases of this Ordinance shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not effect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance of unconstitutional or invalid phrases, clauses, sentences paragraphs or sections.

Sec. 38. Savings.

This Ordinance shall be cumulative of all other ordinances of the Town and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; provided, however, that Ordinance No. 08-06 of the Town is hereby repealed, but provided that any complaint, action, cause of action, or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to Ordinance No. 08-06 shall continue to be governed by the provisions of that Ordinance and for that purpose Ordinance No. 08-06 shall be deemed to remain and shall continue in full force and effect.

Sec. 39. Repealer.

Ordinance 02-05A, Ordinance 00-09, Ordinance 08-06, and Ordinance 11-11 are hereby Ordinance 13-07 Subdivision Regulations Page 22 of24

repealed.

Sec. 40. Penalty.

Any person who should violate any prov1s10n of this Ordinance or should fail to comply herewith shall for each and every violation or noncompliance be deemed guilty of a misdemeanor and shall be fined not more than $2,000.00 (two thousand dollars) and each day such violation shall be permitted to exist shall be construed a separate offense.

Sec. 41. Effective Date.

This Ordinance shall become effective from and after its date of passage and publication as provided by lav,r. PASSED AND APPROVED the 13 111 day of .June, 2013

ATTEST: Mi~tker, Mayor

~,d}vbeR(2 Liif;SbelL Town Secretary

Ordinance 13-07 Subdivision Regulations Page 23 of24

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Exhibit D

STATE OF TEXAS ) ) CEl~TIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of the Town of Lakewood Village Ordinance I 1-16. The same appear of record in my office and said documents are the otlicial records from the public office of the Tmvn Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office.

I forther certify that I mn the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office.

In witness whereof I have hereunto set my hand and affixed the otlicial seal of The Town of Lakewood Village this I 6th day of l'vlarch, 2014.

~r-'o..-'--f'JDbg 0 Q m,Lbcll, TRMC, Town Secretary Town of Lakewood Village ....:::!o:SS:SS:s:i:-....._ Denton County State of Texas

TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE NO. 11-16 AN ORDINANCE TO ADOPT THE 2006 INTERNATIONAL RESIDENTIAL CODE, WITHIN THE TOWN OF LAKEWOOD VILLAGE AND THE TOWN OF LAKEWOOD VILLAGE EXTRATERRITORTIAL JURISDICTION; PROVIDING A SAVINGS/REPEALING CLAUSE, PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Town Council of the Town of Lakewood Village, Texas ("Town Council") has investigated and detennined that it would be advantageous and beneficial to the citizens of the Town of Lakewood Village, Texas and the citizens inside the Town of Lakewood Village Extraterritorial Jurisdiction (collectively ..Lakewood Village") to adopt the 2006 Edition of the International Residential Code, save and except the deletions and amendments set forth below.

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS: SECTION l: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein.

SECTION 2: Adoption of the 2006 International Residential Code. The International Residential Code, 2006 Edition, copyrighted by the International Code Council, Inc., including Appendix G, J, and K, save and except the deletions and amendments set forth in Exhibit "A'\ attached hereto and incorporated herein for all purposes, is hereby adopted as the Residential code for Lakewood Village, regulating the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal, and demolition of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories in height with a separate means of egress and related accessory structures in Lakewood Village (the "2006 International Residential Code"). The 2006 International Residential Code is made a part of this Ordinance as if fully set forth herein.

SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect.

Exhibit "A,, Town of Lakewood Village Amendments 2006 International Residential Code

The Following additions, deletions and amendments to the 2006 International Residential Code adopted herein are herby approved and adopted.

Section 1.

Chapter 1. Administration of the 2006 International Residential Code is amended as follows: Section R102 Applicability of the 2006 International Residential Code is amended as follows: RI 02.4 Referenced codes and standards. The codes, when specifically adopted by the Town of Lakewood Village, and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. Any reference made to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. Where requirements in this code conflict with any requirements of other adopted codes by the Town of Lakewood Village the most stringent requirements shall apply.

Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and manufacturer's instructions shall apply.

Section RIOS Permits of the 2006 International Residential Code is amended as follows: RlOS.2 Work exempt from permit. Pennits shall not be required for the following. Exemption from pennit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.

Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 250 square feet.

2. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.

3. Water tanks suppo1ted directly upon grade if the capacity does not exceed 5,000 gallons (18 927 L) and the ratio of height to diameter or width does not exceed 2 to I.

Ordinance 11-16 2006 International Residential Code Page 3 of23

E. All remodels, repairs, alterations, must have two (2) copies of the plot plans turned into the Town showing the actual dimensions and shape of the lot to be built upon or altered, the exact sizes and locations on the lot of any already existing buildings, and the location and dimensions of the proposed building or alteration.

F. Two copies of the existing house plans prior to any alterations, remodels or repair must be turned in prior to approval of the permit.

Section lC.

SECTION 106, BUILDING PLAN PACKET SUBMISSION Along with the pennit application forms set forth above, the following docwnents are required prior to any approval being granted in the quantity and detail as specified: A. Two (2) plot plans containing lot dimensions, plan footprint, set-backs (front, rear and sides) complete address, lot and block, subdivision and phase, uti1ity and easement locations, engineers and contractors names, finish pad elevations, finish floor elevations, topographical elevations, driveways, sidewalks, fence locations, lot area, slab area, and covemge percent. All drawings provided must be to scale.

B. Two (2) foundation designs (11" x 17" drawing and engineer letters) one of which must have an original signature and stamp.

C. Three (3) complete bound sets of construction drawings. Town Copy must be 11" x 17" or application will be automatically rejected without further action or notification by any Town Official. Plans must include elevations, framing details, including soffit overhang details, masonry percentage calculations, square foot calculations, electrical load calculations, electrical panel size, electrical panel location, mechanical specifications, foundation design letter must be address specific. All plans must be drawn by a state licensed architect and must be drawn to scale.

D. Two (2) sets of drainage plans must be provided. Town copy must be 11" x 17" drawn to scale, showing the actual dimensions and shape of the lot to be built upon. The drainage plans must show sea level elevations and all flatwork drawn to scale.

E. Floor plans, elevations, framing, roof plan, electrical and "to be built options" must be clearly shown and detailed. Single sheet submittals are not acceptable. HV AC and Plumbing design drawings are also required. Options reflecting additional buildable space must be identified by the actual square footage area and included in the permit values for total air-conditioned area and or construction area under roof.

Ordinance 11-16 2006 International Residential Code Page? of23

CONCRETE REGISTRANT: 1. Contractor registration application filled out completely.

2. A valid State of Texas driver's license or photo I.D. card.

3. Proof of insurance as set forth in Section 8 (B) above.

FENCE I SCREENING WALL REGISTRANT: 1. Contractor registration application filled out completely.

2. A valid State of Texas driver's license or photo I.D. card.

3. Proof of insurance as set forth in Section 8 (B) above.

D. Any registered Contractor that fails to maintain compliance with any provisions of this section shall cease all work being performed at the time the Contractor is no longer in compliance.

Section 109 Inspections A. Request for Inspections B. Building permits will include inspections performed during the following construction stages: 1. T-Pole 2. Plumbing Rough, includes water and sewer tap (form board surveys due at this time on site) 3. Pier and Beam - shall be inspected by the engineer and an approval letter shall be provided to the building official.

4.Foundation 5. Frame 6. Mechanical Rough 7. Electrical Rough 8. Rough Gas 9. Plumbing Top Out 10. 4 foot brick tie inspection and/or Stucco inspection 11. Drywall

Ordinance 11-16 2006 International Residential Code Page 12 of23

12. Electrical/Gas Meter Release 13. Flatwork 14. 100% Final · All Third party insulation inspections reports are due prior to the electrical/gas meter release. · At the time of the scheduled pour, and prior to driving to the location of the pour, the Contractor will be responsible for turning in all weight tickets to the Town. · Termite letter, Customer Service Inspection letter, and the Final Grade survey is due on site at the 100% Final Inspection. ·Piers must be inspected by an independent contractor. A copy of the inspection must be supplied to the Town prior to calling in the next inspection.

E. All Sprinkler Contractors must have the Backflow Prevention Form filed with the Town of Lakewood Village prior to hooking the system up to the water supply.

F. All inspections must be performed during daylight hours Section lF.

A. Upon completion of construction, no one may occupy or move any objects into or onto the property of new construction until a Certificate of Occupancy (100 % Final) inspection has been performed and passed by an official of the Town. Violation of this requirement will result in all utilities being disconnected until such time as a Certificate of Occupancy has been issued after all the proper inspections have been performed.

B. Secondary structures will be permitted as new construction with minimum square footage requirements waived as long as secondary structure is contained within the property lines of the primary residence lot(s) and required set backs are met. Any secondary structure built on any adjacent lot must conform ·to the minimum square footage requirements of that section as stated in the current zoning ordinance as amended or revised unless both lots are re-platted as a single lot and said plat is filed on record with Denton County, Texas. Proper proof of filing with Denton County, Texas must be provided to the Town at the time the building permit is sought.

C. All new building construction will have a garage with the following requirements: 1. There shall be no front-facing garages on any new construction. Where the configuration of the ground is such that conformity with this provision of this ordinance would work a hardship, the Town Council may permit a variance.

2. There shall be a garage size requirement on all new construction of a minimum of 25 feet in width and 22 feet in depth. Where the configuration of the ground is such that conformity with Ordinance 11-16 2006 International Residential Code Page 13 of23

Exhibit E

Exhibit F

•..\ p, . \ ,, I

Exhibit G

Exhibit H

Exhibit I

Exhibit J

Exhibit K

Exhibit L

Exhibit M

..•

Exhibit N

CauseNo. 14 0/C[C,I 43) TOWN OF LAKEWOOD VILLAGE, § Plaintiff, § § § v. § § HARRY BIZIOS, § § § Dejendant § TEMPORARY RESTRAINING ORDER AND ORDER SETTING HEARING FOR TEMPORARY INJUNCTION On this 19th day of March, 2014, the Court considered Plaintiff Town of Lakewood Village's application for Temporary Restraining Order. Wm. Andrew Messer, attorney for the Plaintiff, appeared in person. Defendant Harry Bizios Mdid not appear. After reviewing the verified pleadings and arguments of counsel, the Court finds that good cause exists to grant Plaintiffs application for Temporary Restraining Order as Defendant is violating the Town's ordinances.

IT IS THEREFORE ORDERED that Defendant Harry Bizios, his agents, contractors, and employees and the Defendant's representative(s) with control over the Property (hereafter defined) shall allow inspections by the Town's Building Official or designee on the Property, and shall immediately cease and desist any construction on the Property described as LOT 84, BLOCK 1 OF SUNRISE BAY AT LAKE LEWISVILLE, AN ADDITION TO THE CITY OF LITTLE ELM, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET L, PAGE 224, PLAT RECORDS, DENTON, COUNTY, TEXAS (the "Property") until such time as they have (1) applied for and obtained approval from the

Temporary Restraining Order -- Page 1 Town ofLakewood Village v. Harry Bizios, Alan Hoffmann, and Alan Hoffmann, LLC c Town of Lakewood Village of necessary permits; (2) submitted engmeenng inspection certificates to the Town of Lakewood Village; and (3) complied with the Town's Ordinances.

This Temporary Restraining Order is issued with notice to Defendant and is ordered because construction without obtaining permits, construction in contravention of a stop work order, and construction without submitting engineering certification on pier work will continue to occur in its absence. ,__J.__ Plaintiffs Application for Temporary Injunction is set for the 2 day of -J---+;Jp~&~J__ , 2014, at I: 3o ~/p.m. The purpose of this hearing shall be to determine whether this Temporary Restraining Order should be made a Temporary Injunction pending a full trial on the merits and whether the Court should enter a Temporary Injunction regarding the violation(s) alleged and the relief requested in Plaintiffs pleadings.

Because Plaintiff is a municipality in the State of Texas, no bond is required.

This Temporary Restraining Order expires fourteen (14) days from the date of issuance, unless otherwise extended.

Signed on--1-/}1_,___~-----=2o _ _ , 2014, at~·

Temporary Restraining Order -- Page 2 Town ofLakewood Village v. Harry Bizios, Alan Hoffmann, and Alan Hoffmann, LLC STATE OF TEXAS COUNTY OF DENTON CITATION CAUSE NO. 14-01991-431 To: Harry Bizios, 6107 Sweeney Trail, Frisco, TX 75034, (or wherever he or she may be found) Notice to Defendant/Respondent: You have been sued. You may employ an attorney. If you, or your attorney, do not file a written answer with the clerk who issued this citation by 10:00 a.m. on the first Monday following the expiration of twenty days after you were served this citation and petition, a default judgment may be taken against you.

431st Judicial District Court Court: 1450 E. McKinney, 2nd Floor, Denton, TX 76209 Cause No. 14-01991-431 Date of Filing: 03/20/2014 Plaintiffs Original Petition, Verified Request for Temporary Restraining Order, Request for Document: Temoorarv and Permanent lniunction, and Reauest for Disclosure Parties in Suit: The Town of Lakewood Village; Harry Bizios Sherri Adelstein, District Clerk Clerk: 1450 E. McKinney, Suite 1200, Denton, TX 76209 Party or Wm. Andrew Messer Party's Attorney: 6351 Preston Road, Suite 350, Frisco, Texas 75034 Issued under my hand and seal of Court at office in Denton, Denton County, Texas o~fi~~ March, 2014.

By: __-f~~-'-~~___;~~---­ OFFICER'S RETURN Came to hand on the day of , 20 at M. and executed on the day of , 20__ at M., by delivering to the within named in person a true copy of this citation and Plaintiff's Original Petition, Verified Request for Temporary Restraining Order, Request for Temporary and Permanent Injunction, and Request for Disclosure; Temporary Restraining Order and Order Setting Hearing for Temporary Injunction at

Service Fees: $- - - - - - -------------------- Sheriff/Constable Service ID No. ----------- - - - - - - - - - - - C o u n t y , Texas By: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Deputy/Authorized Person

VERIFICATION On this day personally appeared known to me to be the person whose name is subscribed on the foregoing instrument and who has stated: upon penalty of perjury, I attest that the foregoing instrument has been executed by me in this cause pursuant to the Texas Rules of Civil Procedure. I am over the age of eighteen years and I am not a party to or interested in the outcome of this suit, and have been authorized by the Denton County Courts to serve process.

Subscribed and sworn to before me on this the _ _ _ day of ___________________, 20_ _ _ _ _ _ _ _ _ _ _ Notary Public

STATE OF TEXAS COUNTY OF DENTON TEMPORARY RESTRAINING ORDER CAUSE NO. 14-01991-431 To: Harry Bizios, 6107 Sweeney Trail, Frisco, TX 75034, (or wherever he or she may be found.)

Greetings: Whereas, The Town of Lakewood Village, filed a(n) Plaintiff's Original Petition, Verified Request for Temporary Restraining Order, Request for Temporary and Permanent Injunction, and Request for Disclosure in the 431st Judicial District Court of Denton County, Texas on 03/20/2014 in suit number 14-01991-431 on the docket of said Court and styled Town of Lakewood Village v. Harry Bizios and appeared as per attached copy of Plaintiff's Original Petition, Verified Request for Temporary Restraining Order, Request for Temporary and Permanent Injunction, and Request for Disclosure.

And upon presentation of said Pleading and consideration thereof, the Honorable Jonathan Bailey Judge of said Court, made the following order thereon: the requirement for a bond having been posted or waived, you are therefore commanded to desist and refrain from: as per attached copy of Temporary Restraining Order and Order Setting Hearing for Temporary Injunction until and pending the hearing of such Temporary Restraining Order and Order Setting Hearing for Temporary Injunction before the Judge of said Court at 1:30 p.m. on the 2nd day of April, 2014 in the 431st Judicial District Court Courtroom, located at 1450 E. McKinney, 2nd Floor of the Courts Building of Denton County, in the City of Denton, Texas, when and where you will appear to show cause why injunction should not be granted upon such Petition/Application effective until Final Order/Decree in suit.

Issued under my hand and seal of Court at office in Denton, Denton County, Texas on this the 20th day of March, 2014.

Sherri Adelstein, District Clerk 1450 E. Mc · · e 1200 Denton, Dento 6209 " ~ i ..~ By: __--f'"~---~----~~~~~--­ Ri n«:il'ti:u: OFFICER'S RETURN Came to hand on the day of , 20 at M. and executed on the day of , 20 at M., by delivering to the within named in person a true copy of this Plaintiff's Original Petition, Verified Request for Temporary Restraining Order, Request for Temporary and Permanent Injunction, and Request for Disclosure and Temporary Restraining Order and Order Setting Hearing for Temporary Injunction at

Service Fees: $________ ---------Sheriff/Constable Service ID No. _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ County, Texas By: _ _ _ _ _ _ _ _ _ _ _ _ ___ Deputy/Authorized Person VERIFICATION On this day personally appeared known to me to be the person whose name is subscribed on the foregoing instrument and who has stated: upon penalty of perjury, I attest that the foregoing instrument has been executed by me in this cause pursuant to the Texas Rules of Civil Procedure. I am over the age of eighteen years and I am not a party to or interested in the outcome of this suit, and have been authorized by the Denton County Courts to serve process.

Subscribed and sworn to before me on this the day of , 20_ _ _ _ _ _ _ _ _ _Notary Public

FILED: 3/24/2014 11:14:32 AM SHERRI ADELSTEIN Denton County District Clerk By: Amanda Gonzalez, Deputy

CAUSE NO. 14-01991-431 TOWN OF LAKEWOOD VILLAGE, § IN THE DISTRICT COURT OF TEXAS, § § Plaintiff, § § v. § DENTON COUNTY, TEXAS § HARRY BIZIOS, § § Defendant. § 431st JUDICIAL DISTRICT

BIZIOS’ MOTION TO DISSOLVE TEMPORARY RESTRAINING ORDER Harry Bizios (“Bizios”) moves to dissolve the Temporary Restraining Order (“TRO”) by the Town of Lakewood Village, Texas (“Town”) entered on or about March 20, 2014.

SUMMARY The TRO at issue is void and must be dissolved because:  It dramatically affects Bizios’ rights, but was entered without notice to Bizios in violation of Texas Rules of Civil Procedure 39 and 680;  It fails to state the reason for its issuance by defining the injury and describing why it is irreparable; and  The Town’s actions are illegal.

BACKGROUND Bizios owns a lot (“Lot”) in the Sunrise Bay at Lake Lewisville Addition (“Subdivision”) which received plat approval from Denton County in 1995. The Subdivision is located in the extraterritorial jurisdiction (“ETJ”), not corporate, limits of the Town. As a general law town, Lakewood Village’s authority is limited to specific

grants by the Texas Constitution or statute. Because the Subdivision plat has been recorded, the Town has no subdivision authority under Chapter 212, Tex. Loc. Gov’t Code allowing it to enforce its building code in the ETJ. Further, because the Town’s ordinances were adopted after the Subdivision plat was approved, Bizios has grandfathered rights under Chapter 245, Tex. Loc. Gov’t Code. ARGUMENT AND AUTHORITIES A. The Agreed Injunction is void because it was entered without notice to Bizios, without a hearing, and without evidence.

First and foremost, the TRO is void because it was entered without notice to Bizios. The Texas Rules of Civil Procedure expressly provide that no TRO shall be issued without notice to the adverse party. See Tex. R. Civ. P. 680.

Bizios’ rights are dramatically affected by the TRO, procured without notice to or the involvement of Bizios. Thus, Bizios was not afforded any opportunity to be heard.

Moreover, the TRO itself states that it was entered without a hearing. Because no hearing occurred to support the entry of the TRO, no argument was introduced as to Plaintiff’s probable right to recovery and probable injury.

B. The TRO is illegal and changes the status quo.

Lakewood Village is a general law town that lacks the necessary legal authority to extend its building ordinance to its ETJ. In Texas, provision is made for the governance of two types of municipalities, general law cities and home rule cities. See generally, Commentary on the History, Status and Function of Title 28, Cities, Towns and Villages, pages XIII to XXXVIII of Volume 2A, V.T.C.S. General law cities are governed by

articles 961 et seq. See Woolridge v. Folsom, 564 S.W.2d 471 (Tex. Civ. App.—Dallas 1978, no writ). They are creatures of statute and have no powers except those expressly or impliedly granted by the statute creating them. City of Uvalde v. Uvalde Electric & Ice Co., 250 S.W. 140 (Tex. 1923).

Lakewood Village is unable to cite to legal statutory authority to enforce its building standards in its ETJ including fees, inspection requirements and contractor registration regulations. The Town’s reliance on Subchapter A, Chapter 212 of the Texas Local Government Code is misplaced because Subchapter A relates to a city’s subdivision and platting powers. The property in question was already platted in Denton County in 1995. Consequently, Subchapter B of Chapter 212 might apply because it defines development as “new construction.” Subchapter B, however, does not authorize a city to apply its building standards in the ETJ.

In 2009, the Texas Legislature granted counties the option to exercise building code authority in unincorporated areas of the state. Denton County exercises this option in the Town’s ETJ, which is an unincorporated area of the county. As such, the Town’s efforts to regulate building codes run directly counter to the intent of the Legislature and are duplicative of the approvals already obtained.

Furthermore, Lakewood Village is prohibited from applying the recently enacted Ordinance to a previously approved subdivision pursuant to Chapter 245, Tex. Loc.

Gov’t Code. This issue was squarely addressed in Hartsell v. Town of Talty, 130 S.W.3d 325 (Tex. App.—Dallas 2004, pet. den.). The Town has no authority to enforce its building code in the ETJ, and the Town’s attempt to do so is illegal.

WHEREFORE, PREMISES CONSIDERED, Bizios respectfully requests that the Court dissolve the TRO and grant Bizios such other and further relief to which he may be justly entitled.

Respectfully submitted, WINSTEAD PC

By: /s/ Arthur J. Anderson Arthur J. Anderson State Bar No. 01165957 Winstead Building 2728 N. Harwood Street Dallas, Texas 75201 Phone: 214.745.5745 Fax: 214.745.5390 [email protected] Adam L. Plumbley State Bar No. 24056146 Main Street, Suite 1100 Fort Worth, Texas 76102 Phone: 817.420.8200 Fax: 817.420.8201 [email protected] ATTORNEYS FOR DEFENDANT HARRY BIZIOS

CERTIFICATE OF SERVICE I hereby certify that on March 24, 2014, I served a true and correct copy of the foregoing upon the following counsel of record: William Andrew Messer Messer, Rockefeller & Fort, P.L.L.C. 6351 Preston Road Suite 350 Frisco, TX 75034

/s/ Arthur J. Anderson One of Counsel

FILED: 3/25/2014 4:07:32 PM SHERRI ADELSTEIN Denton County District Clerk WINSTEAD Austin Charlotte Dallas Fort Worth Houston San A ntonio The Woodlands Washi ngton, D.C. By: Rina Shelton, Deputy

1100 Carter Burgess Plaza 817.420.8200 OFFICE Main Street 817.420.8201 FAX Fort Worth, Texas 76102 winstead.com

March 25, 2014 ADAM L. PLUMBLEY direct dial: (817)420-8234 [email protected] Fax and Email [email protected] William Andrew Messer, Esq.

Lakewood Village Town Attorney c/o Messer, Rockefeller & Fort, PLLC 6351 Preston Road, Suite 350 Frisco, TX 75034 Re: Cause No. 14-01991-431; Town of Lakewood Village, Texas v. Harry Bizios, in the District Court of Denton County, Texas, 431st Judicial District Dear Mr. Messer: Please be advised that Bizios' Motion to Dissolve Temporary Restraining Order has been set for hearing on April 2, 2014, at 1:30 p.m., the same time as the Town of Lakewood Village's hearing on its Application for Temporary Injunction.

If you have any questions regarding this matter, please do not hesitate to contact me.

WINSTEAD PC ATTORNEYS FILED: 4/2/2014 10:21:37 AM SHERRI ADELSTEIN Denton County District Clerk By: Shelley Mccutcheon, Deputy

CAUSE NO. 14-01991-431 TOWN OF LAKEWOOD VILLAGE, § IN THE DISTRICT COURT OF TEXAS, § § Plaintiff, § § v. § DENTON COUNTY, TEXAS § HARRY BIZIOS, § § , st Defendant. § 431 JUDICIAL DISTRICT

DEFENDANT'S TRIAL BRIEF Defendant Harry Bizios ("Bizios"), files this trial brief against Plaintiff Town of Lakewood Village, Texas ("Town") and states as follows: I.

FACTUAL BACKGROUND Lakewood Village is a small general law town with a population o f around 620. It is unlikely it will ever reach the 5,000 population level needed to hold a home rule charter election. As a result it will never be able to annex Bizios' land. Lakewood Village has no involvement in the platting and development o f the Sunrise Bay Addition ("Addition") where Bizios' Lot 84 ("Lot") is located. Over 15 years after the Addition was developed, the Town extended its building code (with its requirement to pay an excessive permit fee) to its extraterritorial jurisdiction ("ETJ").

DEFENDANT'S TRIAL BRIE F - Page 1 95 II.

ARGUMENT AND AUTHORITIES A. Because Lakewood Village is a general law town and extending its building code to the ETJ exceeds statutory authority, the Town is prohibited from extending its building code to the ETJ 1. General law town ordinance-making authority is extremely limited.

The two predominant classifications o f cities in Texas are general law towns (like Lakewood Village) and home rule cities. As a general law town, Lakewood Village (like a county) can only exercise those governmental powers expressly delegated to it by the Texas Legislature. David Brooks, Municipal Law and Practice, Texas Practice . Vol. 22, p. 89. The 1912 amendment to the Texas Constitution authorized cities on a local basis to adopt a charter, thus creating home rule cities as mini-legislatures unto themselves.

Home rule cities have significantly broader governmental powers than general law towns such as Lakewood Village. Forwood v. City o f Taylor, 214 S.W.2d 282 (Tex. 1948). In more than one instance, the Texas Supreme Court has recognized that the home rule amendment granted to home rule cities the '"full power o f local self-government.'" City o f Houston v. State ex rel City o f West University Place, 142 Tex. 190, 176 S.W.2d 928, 929 (1943). General law towns, on the other hand, derive their power from the Legislature and are restricted by the express language o f state statute. Tex. AG Op. JM-169.

2. No Texas statute expressly authorizes Lakewood Village to apply its building code to its ETJ.

The Town claims that its authority to require building permits in the ETJ is implied under the state platting statute, Chapter 212, TEX. LOC. GOV'T CODE. A plat is

DEFENDANT'S TRIAL BRIE F - Page 2 96 only required to be submitted and approved under § 212.004 when a tract o f land is subdivided. No such subdivision is involved here, and there is no indication that the Legislature intended to address building permits in the platting statute. "Legislative intent remains the polestar o f statutory construction." City o f LaPorte v. Barfield, 898 S.W.2d 288, 292 (Tex. 1995). It is cardinal law in Texas that a court construes a statute, "first, by looking to the plain and common meaning o f the statute's words." Liberty Mut.

Ins. Co. v. Garrison Contractors, 966 S.W.2d 482, 484 (Tex. 1998).

Ordinary citizens should be able to rely on the plain language o f a statute to mean what it says. See Addison v. Holly Hill Fruit Prods., Inc., 322 U.S. 607, 618, 64 S.Ct. 1215, 88 L.Ed. 2d. 1488 (1944). Typically, courts will concentrate on the literal text o f a statute in order to ascertain its meaning. Bridgestone/Firestone, Inc. v. Glyn-Jones, 878 S.W.2d 132, 133 (Tex. 1996).

The Town cites Local Government Code sections 212.002 and 212.003 as authority for its assertion o f the power to require builders to obtain building permits in the Town's ETJ. These statutes, however, are directed at the regulation o f plats and subdivisions, not building and development. In fact, Subchapter A o f Chapter 212 is entitled "Regulation o f Subdivisions." This subchapter says nothing about building in general or permits in specific.

Subchapter B, in contrast, is titled "Regulation o f Property Development," with "development" defined as "the new construction or the enlargement o f any exterior dimension o f any building, structure, or improvement." TEX. LOC. GOV'T CODE § 212.043(1). This subchapter, moreover, expressly provides that "[t]his subchapter does

DEFENDANT'S TRIAL BRIE F - Page 3 97 not authorize the municipality to require municipal building permits or otherwise enforce the municipality's building code in its extraterritorial jurisdiction." TEX. LOC. GOV'T CODE § 212.049. The Town attempts to evade this clear prohibition by contending that its power to require building permits in the ETJ arises by implication. Adding verbiage to statutes by implication was expressly forbidden by the Texas Supreme Court in M.

Fitzgerald v. Advanced Spine Fixation, 996 S.W.2d 865 (Tex. 1999).

In this case, neither the subdivision statute for municipalities (Chapter 212, TEX. LOC. GOVT. CODE) nor any other statute expressly authorizes general law towns to extend their building codes to their ETJs. There are no "truly extraordinary circumstances" justifying the court from enforcing Chapter 212 as written. 996 S.W.2d at 867. In short, the Town has not demonstrated that it has authority, and in fact does not have authority, to require Bizios to obtain building permits for development in the ETJ. Accordingly, Bizios is entitled to judgment declaring that he may continue construction without obtaining building permits from, undergoing inspection by paying fees, or complying with the building code o f the City.

3. The trial court's ruling violates Texas Supreme Court precedent.

The Texas Supreme Court held in City o f San Antonio v. City o f Boerne, 111 S.W.3d 22 (Tex. 2003), that the authority o f a county (similar to the authority o f general law towns) would not extend beyond the express grant o f the statute. In Boerne, two county commissioner courts consented to the annexation o f county roads to assist in a Boerne annexation. The Supreme Court held that a commissioners court can only exercise those powers "expressly given by either the Texas Constitution or the

DEFENDANT'S TRIAL BRIE F - Page 4 98 Legislature (italics added)." Id. at 28. I f the Constitution or Legislature imposes an obligation, then the commissioners court has an implied authority to exercise the powers needed to fulfill the obligation. In Boerne, the statute authorizing "general control" of roads to counties did not authorize them to petition for annexation. Unless a commissioner court's action was restricted to providing for safer roads for public travel, its action would be deemed void as exceeding legislative authority. Id. at 29.

Similarly, in this case, the Town does not have express authority to require that building permits be obtained in the ETJ. The Town places sole reliance on the holding in City o f Lucas v. North Texas Municipal Water District that the platting statute implies that buildings codes can be extended to the ETJ. 724 S.W.2d 811 (Tex. App.—Dallas, 1986, writ ref. n.r.e.). In 1986 (the date o f the Lucas opinion), state statutes did not expressly address the adoption and implementation o f building codes by municipalities.

The Lucas court based its holding on City o f Weslaco v. Carpenter, 644 S.W. 2d 601, 603 (Tex. App.—Corpus Christi 1985, writ refd n.r.e.). Weslaco involved the partitioning o f land into 128 mobile home rental spaces. The developer was attempting to avoid the applicability o f the subdivision statute by renting, rather than selling, spaces.

The Lucas court cites Weslaco's holding on subdivisions that the "use o f the term is not restricted to the division itself but also encompasses development o f the divided tracts." 724 S.W. 2d at 823. The development o f the tracts in Weslaco referred to subdivision development only because there would be no construction o f mobile homes as there would be with site-built housing. While the Corpus Christi Court of Appeals held that the City's subdivision rules and regulations must be followed, there was no discussion in

DEFENDANT'S TRIAL BRIE F - Page 5 99 Weslaco that the city would be authorized to extend its building codes into its ETJ. The Lucas holding that a general law town has authority under Chapter 212 to extend its building codes to its ETJ has been effectively overruled by the Supreme Court's Boerne decision.

The Lucas supplemental opinion cites another Corpus Christi opinion in support.

City o f Corpus Christi v. Unitarian Church, 436 S.W. 923 (Tex. App.—Corpus Christi 1985, writ refd n.r.e.). However, this case concerned the withholding o f a building permit within the municipality because Corpus Christi did not receive a requested right-of-way dedication by plat. While the court held that a city could require platting prior to building permit issuance within its corporate limits, there is not even a hint in the opinion that the court intended to authorize a general law town to extend its building code to its ETJ. Therefore, there is no precedent case law prior to Lucas supporting the proposition that Chapter 212 authorizes general law towns to extend their building codes to their ETJ.

The Town o f Lakewood Village can provide no city services to the future residents in the subdivisions at issue in this appeal, and the Town cannot unilaterally annex these county residents. Town o f Fairview v. Stover, No. 05-01-01318-CV, 2002 WL 1981371 *2 (Tex. App.-Dallas 2002, no pet.) (not designated for publication). These houses and their residents will be served by the County, not the Town. The Town has no authority to apply its zoning or house maintenance requirements in its ETJ. Because Lakewood Village will have no authority over these houses and their residents (and

DEFENDANT'S TRIAL BRIE F - Page 6 100 provide no benefits) after construction is completed, the Town should be estopped from applying the Ordinance to these subdivisions.

4. More recent changes in State law limit the application o f municipal building codes only to buildings within corporate limits.

Since the date o f Lucas, the Legislature has adopted a state-wide building code requirement that limits its applicability within corporate limits. At the time o f the Lucas opinion, there were no statutes directly addressing municipal building codes. In 2001, however, the Legislature required all Texas cities pursuant to Senate Bill 365 to adopt the International Residential Code ("IRC") in § 214.212, TEX. LOC. GOVT. CODE ("IRC"): "(a) To protect the public health, safety, and welfare, the International Residential Code, as it existed on May 1, 2001, is adopted as a municipal residential building code in this state.

(b) The International Residential Code applies to all construction, alteration, remodeling, enlargement and repair o f residential structures in a municipality."

TEX. LOC. GOVT. CODE ANN. § 214.212(a)-(b) (Vernon Supp. 2002).

Significantly, § 214.212 requires municipalities to adopt the IRC. It imposes a mandatory uniform residential building code, as opposed to merely providing an optional code that cities may, but are not required to, adopt. The statute expressly authorizes a municipality such as Lakewood Village to apply its building code to construction only "in a municipality," e.g., within its corporate boundaries. To imply that the Legislature intended to allow general towns to also apply their building codes in the ETJ would violate the holdings in M. Fitzgerald and Boerne.

DEFENDANT'S TRIAL BRIE F - Page 7 101 Another indicia o f legislative intent was the introduction, but lack o f passage, of HB 609 (by Rep. Smith o f Tarrant County) in 2007. This bill would have expressly authorized cities to extend by ordinance their building codes to the ETJ. I f the Legislature's interpretation of state statutes was that cities already had the power to require building permits in the ETJ, then HB 609 would have been unnecessary.

Further, it is significant that the Legislature has expressly stated its intent in other statutes as to when a municipality can extend its land use regulations to its ETJ. For example, § 216.003, TEX. LOC. GOVT. CODE authorizes a municipality to regulate "any sign within its corporate limits or extraterritorial jurisdiction." Similarly, § 216.902 authorizes a city to "extend the provisions o f its outdoor sign regulatory ordinance and enforce the ordinance within its extraterritorial jurisdiction." A home rule city may define and prohibit a nuisance "within the limits o f the municipality and within 5,000 feet outside the limits." § 217.042, TEX. LOC. GOVT. CODE. The Legislature has also enacted § 212.041, et. seq., TEX. LOC. GOVT. CODE which applies to development plats. I f a city adopts an ordinance under these sections, then any person who proposes development in the ETJ must obtain approval o f a development plat. § 212.045, TEX. LOC. GOVT. CODE. However, even under this statute, a municipality is not authorized to require building permits in its ETJ. § 212.049, TEX. Loc. GOVT. CODE. Extending building codes to the ETJ is excluded from this list of statutes. The Latin maxim: "expressio unius est exclusio alterius" means "expression o f one thing is the exclusion o f another." Cameron v. Terrell & Garrett, Inc., 628 S.W.2d 535 (Tex.

DEFENDANT'S TRIAL BRIE F - Page 8 102 1981) I f the Legislature intended to allow general law towns to apply the IRC in a municipality and its ETJ, it could have done so. Because extending the building code to the ETJ is not expressly addressed by the Legislature, it is clear that the Legislature did not intend for general law towns to extend their building codes to the ETJ.

B. Lakewood Village has no platting authority over the Sunrise Bay Addition, and its subdivision/platting ordinance therefore does not apply.

Lakewood Village's sole argument that it can extend its building code to the Sunrise Addition and the Lot is based on the platting statute found in Chapter 212, TEX. LOC. GOV'T CODE. The Town, however, does not have, and never had, platting authority over the Sunrise Addition and the Lot. The final plat was approved in 1995 by Little Elm and Denton County. With this approval, Lakewood Village lost its subdivision regulatory power over the Lot.

C. The statutory project is protected from the application of new city building permit regulations in accordance with the vested rights statute.

The concept o f vested rights refers to those circumstances where the law prevents governmental interference with a landowner's partially completed development. David Hartman, Risky Business: Vested Real Property Development Rights - The Texas Experience and Proposals f o r the Texas Legislature to Improve Certainty in the Law, 30 Tex. Tech L. Rev. 297, 299 (1999). In passing the Texas vested rights statute, the Texas Legislature clearly intended to protect development rights similar to Appellants' rights in the present case at the expense o f municipalities such as Lakewood Village. The Texas vested rights statute became effective on May 11, 1999, when it was signed by Governor

DEFENDANT'S TRIAL BRIE F - Page 9 103 Bush as an emergency measure, and was subsequently codified as Chapter 245 o f the Texas Local Government Code ("Chapter 245"). The purpose o f Chapter 245 was to reenact the vested rights statute previously contained in Chapter 481 o f the Government Code, which was inadvertently repealed by the 75th Legislature.

When Chapter 245 was added to the Local Government Code by the 76th Legislature in 1999, the Legislature made several findings. Among those findings listed in the Sessions Laws enacting Chapter 245 is: Section 1. FINDINGS; INTENT . . . (b) The legislature finds that the repeal o f former Subchapter 1, Chapter 481, Government Code, which became effective September 1, 1997, resulted in the reestablishment o f administrative and legislative practices that often result in unnecessary governmental regulatory uncertainty that inhibits the economic development o f the state and increases the cost of housing and other forms o f land development and often resulted in the repeal o f previously approved permits causing decreased property and related values, bankruptcies, and failed projects . . (emphasis added) Lakewood Village's position that it can apply subsequently enacted regulations to previously permitted projects inhibits economic development and increases the cost of housing in violation o f the Legislature's statutory intent. A project that requires a series o f permits or approvals in order to reach completion is to be governed by the rules in effect at the time that the first application in that series is made to the appropriate regulatory authority: Each regulatory agency shall consider the approval, disapproval, or conditional approval o f an application for a permit solely on the basis o f any orders, regulations, ordinances, rules, expiration dates, or other properly adopted

DEFENDANT'S TRIAL BRIE F - Page 10 104 requirements in effect at the time the original application for the permit is filed.

TEX. Loc. GOVT. CODE, § 245.002.

A permit is defined as a "license, certificate, approval... or other form of authorization required by law that a person must have to initiate, continue or complete a project." Id. at § 245.001(1). The statute expressly provides that "Preliminary plans and related subdivision plats, site plans, and all other development permits for land covered by the preliminary plans or subdivision plats are considered collectively to be one series o f permits for a project." Id. at § 245.002. In this case, the protected project is the subdivision where Bizios is building his house. The plat (initial permit) for the Subdivision was approved prior to the enactment o f the City's subdivision ordinance.

It is undisputed that the City started requiring building permits after the initial permits for the subdivision were approved. As a result, the new regulations cannot be applied pursuant to § 245.002.

The facts in this case are very similar to those in Hartsell v. Town ofTalty, 130 S.W.3d 325 (Tex. App.—Dallas 2004, pet. denied.). Talty, like Lakewood Village, is a general law town. After plats were approved, lots were sold and houses were under construction, Talty started applying its building code to the previously platted subdivision. It is undisputed in this case that Lakewood Village is attempting to apply its building code after the plat for the subdivision was approved, lots were sold and houses were under construction. The trial court ruled in favor o f the Town ofTalty.

DEFENDANT'S TRIAL BRIE F - Page 11 105 The Dallas Court o f Appeals reversed and rendered in favor o f the homebuilder on his Chapter 245 claim. Id. at 326. In addition, the Dallas Court o f Appeals reversed the trial court's award o f attorney's fees to Talty and remanded the issue to the trial court for its reconsideration. Id. Subsequently, attorneys' fees were awarded to the homebuilder.

The Dallas Court o f Appeals did not reach the issue o f whether a general law town could apply its building code in its ETJ. Id. at 329. Instead, the court held that the subdivision in that case was a protected project which prohibited Talty from subsequently applying its building code to new housing construction in the ETJ. Id. at 328. Just as in the Hartsell case, the Town o f Lakewood Village is attempting to apply new ordinances to previously platted projects in its ETJ in violation o f Chapter 245, TEX. LOC. GOVT.

CODE. D. Lakewood Village's building permit fees are an unconstitutional tax.

Whether the building permit fees imposed by the City constitute an occupation tax or a license fee depends upon the primary purpose o f the fee when considering the ordinance as a whole. Hurt v. Cooper, 130 Tex. 433, 110 S.W.2d 896, 899 (1937); City o f Houston v. Harris County Outdoor Adver. Ass'n, 879 S.W.2d 322, 326 (Tex. App— Houston [14th Dist.] 1994, writ denied). I f the primary purpose o f the exaction is for regulation, then it is a license fee; if, however, the primary purpose is to raise revenue, then the exaction is an unconstitutional occupation tax regardless o f the name by which it is designated. Hurt, 110 S.W.2d at 899; Harris County Outdoor Adver. Ass'n, 879 S.W.2d at 326. Lakewood Village's building permit revenues far exceed its costs to run its building inspection program, thus making this cost an unconstitutional tax.

DEFENDANT'S TRIAL BRIE F - Page 12 106 III.

PRAYER Bizios respectfully requests that this Court deny the Town's Application for Temporary Injunction and grant such other and further relief, both at law and equity, to which Defendant may be justly entitled.

Respectfully submitted, WINSTEAD PC Winstead Building 2728 N. Harwood Street Dallas, TX 75201 (214) 745-5745 - Phone (214) 745-5390-Fax

By: /s/Arthur J. Anderso n Arthur J. Anderson State Bar No. 01165957 ATTORNEYS FOR DEFENDANT HARRY BIZIOS

DEFENDANT'S TRIAL BRIE F - Page 13 107 CERTIFICATE OF SERVICE I hereby certify that on this nd2 day o f April, 2014, a true and correct copy o f the foregoing document was sent via electronic filing to the following counsel o f record: William Andrew Messer Messer, Rockefeller & Fort, P.L.L.C. 6351 Preston Road Suite 350 Frisco, TX 75034

/s/ Arthur J. Anderson ONE OF COUNSEL DALLAS_l/6263723v.l 56756-1 03/31/2014

DEFENDANT'S TRIAL BRIE F - Page 14 108 FILED: 4/4/2014 3:47:22 PM SHERRI ADELSTEIN Denton County District Clerk By: Joanna Price, Deputy

Cause No. 14-01991-431

TOWN OF LAKEWOOD VILLAGE, § IN THE DISTRICT COURT Plaintiff, § § § v. § DENTON COUNTY, TEXAS § HARRY BIZIOS, § Defendant. § 431" WDICIAL DISTRICT

STIPULATED FACTS AND ADMISSIABILITY OF EXHIBITS 1. Harry Bizios owns and controls the property located at Lot 84, Block 1 of Sunrise Bay at Lake Lewisville, an addition to the town of Little Elm, Denton County, Texas, otherwise known as 3950 or 3960 Spinnaker Run Point (the "Property").

2. Mr. Bizios ("Owner") has owned and controlled the Property since June 7, 2013 pursuant to warranty deed no. 2013-69513 when he purchased the Property.

3. The Property is located in the Extraterritorial Jurisdiction ("ETJ") of the general law Town of Lakewood Village, Texas ("Town" or "Lakewood Village") and at all times material has been located in the ETJ of the Town.

4. The Property is located in the Sunrise Bay subdivision. This subdivision is partly located in the Lakewood Village ETJ and partly located in the town of Little Elm and its ETJ.

5. A plat was filed for the Sunrise Bay subdivision with Denton County on August 2, 1995.

The plat was approved by Denton County and Little Elm. The plat has not been approved by the Town.

6. The Sunrise Bay subdivision plat was filed by Marcus Smith of "Properties of the Southwest." Bizios currently owns Lot 84.

7. Construction for a residential structure and a retaining wall on the Prope11y is being performed by Allan Hoffmann, LLC, as contractor and agent for the Owner.

8. Construction for the residential structure on the Property began around March 10, 2014 and is currently at the plumbing rough in stage. The Town has not approved a building permit for the Property.

9. Site plans were filed by the Owner and Contractor with the Town on Januaiy 27, 2014.

10. The Contractor filed a registration application with the Town on January 27, 2014.

11. The Contractor and the Owner did not pay a permit fee to the Town.

12. The 100 year flood plain is at the 537 msl elevation.

13. The Owner has not provided the Town the finished floor elevation at which the residential structure on the Property is being constructed.

14. The Army Corp of Engineers flowage easement on the Property is 537 ms!.

15. The federal goverrunent owns Lewisville Lake, which abuts the Property.

16. At all times material, the Owner and Contractor do not have a permit from the Town.

17. At all times material, the Owner and Contractor have not paid permitting fees to the Town.

The following is a list of admissible exhibits: Exhibit No. Description I General Warranty Deed 2013-69513 dated 06/07/13 2 Town Limits and ETJ Official Map 3 Denton County Map of Town and ETJ 4 Denton County ETJ Map of subdivision 5 Denton County Map of Contours 6 Denton County Appraisal District Records of Property 7 Plat of Sunrise Bay Subdivision 8 Site plans and Building plans and elevations of 3960 Spinnaker Run Point 9 Stop Work Order dated 03/13/14 10 Stop Work Order dated 03/14/14 11 Photographs dated 03/10114 12 Photographs dated 03/13/14 13 Photographs dated 03/14/14 14 Photographs dated 03/18/14 15 Builder's Registration Application dated 01/27/14 16 Flowage Easement 17 Denton County Commissioners Court Order No. I 0-0045 dated 01/26/10 18 Denton County Notice to Home Builders and Home Buyers 19 Town of Lakewood Village Ordinance No. 08-06 20 Town of Lakewood Village Ordinance No. 08-09 21 Town of Lakewood Village Ordinance No. 10-01 22 Town of Lakewood Village Ordinance No. 11-04 23 Town of Lakewood Village Ordinance No. 11-08 24 Town of Lakewood Village Ordinance No. 11-09 25 Town of Lakewood Village Ordinance No. 11-11 26 Town of Lakewood Village Ordinance No. 11-13 27 Town of Lakewood Village Ordinance No. 11-16 28 Town of Lakewood Village Ordinance No. 13-07 29 2006 International Residential Building Code, Ch. I and excerpts 30 2005 National Electric Code excerpts 31 Email between Linda Asbell and Alan Hoffmann dated 03/12/14 32 Copy of a map showing Little Elm and Lakewood Village limits.

Respectfully submitted,

WM. ANDREW MESSER STATE BAR No. 13472230 ancly@tx mun ic ipaI law.com J ENNIFER W. DECURTIS STATE BAR NO. 24045767 jcnni fer@txmun icipa Ilaw.com BRETT GARDNER STATE BAR NO. 24078539 brctt@tx municipal law.com MESSER ROCKEFELLER & FORT, PLLC 6351 PRESTON ROAD, SUITE 350 FR ISCO, TEXAS 75034 972.668.6400 - TELEPHONE 972.668.6414 - FACSIM ILE ATTORNEYS FOR PLAINTIFF TOWN OF LAKEWOOD VILLAGE

A~s~ State Bar No. 01165957 Winstead Bui lding 2728 N. Harwood Street Dallas, Texas 75201 Phone: 214-745-5745 Facsimile: 214-745-5390 aanderson@\vinstead.com Adam L. Plumbley State Bar No. 24056146 Main Street, Suite 1100 Fort Worth, Texas 76102 Phone: 817-420-8200 Facsimile: 817-420-8201 aplumbley@,vinstead.com Attorneys for Defendant Harry Bizios

Exhibit 1

J9513

**** Electronically Filed Document **** Denton County Cynthia Mitchell County Clerk

Document Number: 2013-69513 Recorded As : ERX-WARRANTY DEED

Recorded On: June 07, 2013 Recorded At: 01 :42:11 pm Number of Pages: 3 Recording Fee: $24.00 Parties: Direct~ LANGLEY KELLY 8 Indirect- Receipt Number: 1050348 Processed By: Jane Kline

**********"**THIS PAG E IS PART OF TH E INSTRUMENT 00 ******** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law.

Ttl E. SrATE Uf TEXAS) COUNTV OF DENTON) I ~ucby ct.rlilJ' U.at tli.is lnatru..CJ\t wu r-ILED In t.h< Fllc tfva\u r u .qucncc- \In t.ht Jttcl•i•c 91r ~1c.1I •e1on, -.11d wu d1.1Jy RECOROEO V. tliie Olfici• I R•cou\r o r 0 1 nlon Cowity, Tu u .

County Cl u k · (hniao Coa11ty, "Tu:u

Doc-69513

\soa L~ !3s+t2-- NUTCCE Of! CONFIDENTfA LlTY RIGHTS: u· YOU Allli A NATUHAL l'JmSON, YOU MAYRli:l\iOVE ORSTlUKEANV OR ALL OlfTHR FOLLOWTNG lNli'OllMATION FROM At'iY INST RUMENT Tl:IAT TnANSFERS Al~ TNTEREST IN HEAL PROPERTY BF,)<ORR lT JS FILrm FOil rn:co1rn IN nm PUBLIC rrncocrns: VOfrll SOC[AL SLi:ClllHTY NUMDER OR YOTJR IHUVER'S LTCENSE NUiVIl!ER.

GFmSOOl425f'lffl'Xl'RRM GENERAL 'vVARRANTY OILED STATB OF TEXAS § § l<NO\V ALL MEN BY THESE PRESENTS: COUNTY or DENTON § That KELLY u! LA NGL K\' AND WfFE, I<A'l'ffLlmN l,A.NGLEY (hereinafter c~1 ll cd "Grantor," whether one or more, maso111ine, fomininc or neuter) for and in considcmtion oflhc sum ofTEN and no/ I00 DOLLI\ RS and other good and valuable considernlion, the receipt ond odcquaoy of which :ire h.::rdiy n.::knnwledgcd, pni<l by H1\..lUl Y .I. Ll!Zros whoso address is: G:. { 0::L..5w.e._-t_'L~X:-_l ; __ r:·k· 1 ~ c..::i 75 O 3 Y. (hen:lnnller cnlle<l "Omntee," whether one or more, masculine, fominlneor neuter), for which no lien ls retained either exprc,>s or implied, has Grnntcd, Sold and Conveyed, nud by lhesc prc.sc11ts <loos llcrcbyGrnnt, Soll nml Convey, u11to the said Grantee all thnt certain real property localed in Denton County, Texas and described as fo llows: LOT 84, BLOCK l OUSUNlUSILJIAY ATT,Alm LIL\VIl:IYILLE, AN AUl>ITIONTOTHR CITY OF LITTLE ELi\I, DE NTON COUNTY, TEXAS, ACCORDING TO nm PLAT THEREOF RECOIWEO IN C;\JlJNET L, PAGE 22•1, PLAT m~corms , DENTON COUNTY, TRXAS.

together with <111 improvcmcnls thereon, ifany, and all rights, privi leges, tenements, hcrcdilamcnts, righls of way, casements, nppendngcs nnd np[lllrlt.manees, in nuyWl\Y appertaining thereto, and all right, title and interest ofGrantor in nnd lo 1111y streets, ways, alleys, strips or gores of land adjoining thti nbovc·doscrlbed properly or uny pntt thereof (hcrcinallcr, the "Property").

This deed is c.xecutc1l and delivered subject lo all easements, t'CSl'rvnlions, conditions, covennnts ttnd restrictive covcnnnts ns the same appear ofrccord In tlle otlicc ofthe Co\lnty Clerk of the eo1111ty In which the Propei·ty is located.

Page l

I -p- -·. ·-- .. ---.---- ·--, Doc-69513

TO HAVE AND TO HOLD the above described Property, together with all and singular the rights and appurtenances thereto in anywise belonging ltnto the said Grantee, his, her or its successors, heirs and assigns, as the case may be, forever; and Gran tor does hereby bind Granter and Grantor's successors, heirs, executors and administrators, as the case may be, to \Varrant and Forever Defend all and singular the said Prope1ty unto the said Grantee and Grantee's suc.:c.:essors, heirs and assigns, as the case may be, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof.

Executed th;s !he _t day of ~-·(!..MA.- _ _ _ __ , 20~ 'R-Q ACKNOWLEDGMENT STATE OF TE~As § COUNTY OF j)(JJ}Jv.J § Before me, the undersigned authority, on this day personally appeare~LY B. LANGLEY Al"'ID KATHL ~. ~ N LANGLEY [check one] _ known to me or _ proved to me through ~~~~~-,.,,...,..._....~~~~ (description of identity card) to be the person whose name is subscribed tot ie foregoing instrument, and acknowledged to me that said person executed the same for the purposes and consideration therei n expressed.

Given under my hand and seal of office this 1 day of ~L( , 2o_B

After Recording Return To: HARRY .T. IHZIOS

~~y,5~ Page 2 CERTIFIED ATRlJE AND OOR.RttO'r OF THE RECCRo ON FILE IN ~om'o'l CYNTHIA MITCHEU. " ~ ~-~ )EN'l'O . #'tqL- NlYClERi{ _ __ DepUt.Y 115Cloitc Exhibit 2

STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of the Town of Lakewood Village Resolution 12~01. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office.

I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office.

In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 16th day of March, 2014.

~clo_~~ Li ili(Asbell, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas

THE TOWN OF LAKEWOOD VILLAGl 1: , TEXAS 1u;:soL UTION NO. 12-0 I

A Rl~SOLUTION OF TJ-m TOWN COUNCIL OF THE TOWN OF LAKJi:WOOD VILLAGF., DENTON COUNTY, TEXAS, ADOPTING AN OFFI CIAL TOW N MAP OF THf.: COJ1POl~AT E UOUNDARIF.S AND Tl-IE EXTRA Tl~ RRITORIA L BOUNDARIES OF TH E TOWN OF LAK EWOOD VILLACE, TEXAS.

NOW, TllEREFOIU~ . Lm IT IH:SOLVEI> BY Tim TOWN COUNCIL Of Tl--m TOWN OF LAKEWOOD VILLAGE, TEXAS: I. That the map or lhc boumlariL'S or Lhl.! lO Wll limits and Extra Territorial Jurisdi ction Limits or the Town nr Lakewood Vill ngc presc ntl'd to the Town Council al thi.: Town Council meeting held on April 12. 201 2 is hereby adoptcd and approved as the oflkiul map or the Town or Lakewood Village, Tex•1s and mncnd s nnd replaces any previous offici al map of the Town or I.a kc wood \Ii IIage, Te:-.; as.

2. That the ori gin al or this map, attached as ex hihil J\, shall be maintained in th..: office: ol' the Town Secretary.

3. That the Town Secretary is hereby directed lo file with Lhc County Clerk ol' Dentnn County a ct.:l'li lied copy o f thi s Resolution and nmp.

PASSED AND APPROVED by the Town Coum;il ol' the Town or Lakewood Village.

Texas this 12 day of April 2001 2.

/\Tll~S T:

Resolution 12-UI Exhibit J\

TOWN OF L/\KR~IOOD VILLAGE OFFICIAL MAP ' '\ , Oak Point Little Elm City Limits Oak Point City Limits ETJ

) Little Elm I ETJ -+

La kew~o d Village ETJ ~ _. ,• ·· ' ,. , , / Lakewod Village ( Town Limits l \ .-1;;

R ~so lutio11 I 2-0 I Pnge 2of2 Exhibit 3

DEP.ARTMENTOFTEcHNolOGY 5ERvlCEs 940-349-4500 KIMBERLY DR., SUITEA285 Fax: 940-349-4501 DENTON, TX 76208-6301 www .dentoncou nty.com

March 27, 2014

Dear Sir/Madam, I hereby certify, in the pe1formance of the functions of my office, that the attached instruments are full, true and correct copies of the maps maintained by the Geographic Information Systems. The same appear of record in my office and said documents are the official records from the public office of the GIS Depa11ment of Denton County, Texas, and are kept in said office.

I further ce11ify that I am the Manager of GJS Depaitment of Denton County, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office.

In witness whereof I have hereunto set my hand and affixed the official seal of Denton County this 27th day of March, 2014.

Rachel Crowe GIS Manager, Department of Technology Services Denton County Kimberly Dr. Suite A285 Denton TX 76208-6301 940-349-4590 Rachcl [email protected]

Lakewood Village

Mary Hom- County Judge Hugh Coleman- Commissioner Precinct 1 Ron Marchant- Commissioner Precinct 2 Bobbie J. Mitchell- Commissioner Precinct 3 Andy Ead&- Commissioner Precinct 4

• INTERSTATE --E}-- U.S. HIGHWAY -(!!}-- STATE HIGHWAY ~ FARMTOMARKET MAJOR THOROUGHFARES MINOR ROADS ttt CEMETERY RAILROADS t • ....., AIRPORTS --...--- STREAMS

lAKES & PONDS

City Population Denton> 100,000 Lewisrille 40,000- 100,000 Corintbl~ 39,91)9

-·- ~~9,999

N A NAO 1983 StatePlane (Zone 5351) Texas North Central Lambert Confonnal Conic N

W ~ ~;z~~ E

s inch = 0.1 miles March 25, 2014

This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries.

Denton County does not guarantee the correctness or accuracy of any features on this product and assumes no responsibility in connection therewith.

This product may be revised at any time without notification to any user.

CONTACT INFORMATION LAHOllARKllAP GlS: gis.dentoncounty.com E-MAIL:: [email protected]

DEPARTMENT OF TECHNOLOGY SERVICES

DENTON COUNTY

Exhibit 4

STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby ce1tify, in the performance of the functions of my office, that the attached instnunents are full, true and correct copies of Extra Territorial Jurisdiction Map showing the Sunrise Bay area. The same appear of record in my office and said documents are the official records from the p ublic office of the Town Secretru·y of the Town of Lakewood Village, Denton County, Texas, and are kept in said office.

I further ce11ify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a Lawful possessor and keeper of the cecords in said office.

In witness whereof I have hereunto set my hand and affixed the official sea] of The Town of Lakewood Village this 26th day of March, 2014.

TRm~~JII ~.,,~.-. 1[ -.T::: - ' IHACRID<lE l:N &~----~ Fl$HEf3.(~~!.';S C\' R: R1 •1 ;i: R1321,:-<. '" R:?-12431 ~·-----I ;:!

Exhibit 5

ST ATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are foll, true and correct copies of Extra Tenitorial Jurisdiction Map showing the 2-foot contours of the Bizios Property area. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office.

I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office.

ln witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014.

Exhibit 6

DENTON CENTRAL APPRAISAL DISTRICT CERTIFICATE OF AUTHENTICITY OF OFFICIAL RECORDS STATE OF TEXAS COUNTY OF DENTON BEFORE ME, the undersigned official on this day appeared ROGER HARRIS, who is personally known to me, and first being duly sworn according to law upon his oath deposed and said: My name is ROGER HARRIS. I am over 18 years of age. I have never been convicted of a crime, and I am fully competent to make this affidavit. I have personal knowledge of the facts stated herein, and they are all true and correct.

I am custodian of records of the DENTON CENTRAL APPRAISAL DISTRICT.

Attached hereto is 1 page of duplicate copies of official records from the District's Appraisal Records. These said pages of records are kept by the Denton Central Appraisal District in the regular course of business, and it was the regular course of business of the Denton Central Appraisal District for a representative of the District with knowledge of the act, event, condition, opinion, or diagnosis, recorded to make the record; and the record was made at or near the time of receipt of same or reasonable soon thereafter. The records attached hereto are exact duplicates of the originals.

SUBSCRIDED AND SWORN TO BEFORE ME ON THE 26th day of March, 2014, to certify which witness my hand and official seal.

Enclosure: Owner Records (Screen Prints) for: PID 182659

'1PROPlO: 182659 TYPE: Real OBA: BIZlOS, HARRY J 0 0 .SUNRISE BAY AT LAKE LEWISVILLE BLK 1 LOT 84 6107 SWEENEYTRL 474,430 474,430 GEO ID ' SN0104A-000001-0000-0084-0000 MAPID: LE01 FRISCO, TX 75034-2269 US 474,430 474,430 REFl01: 255462 REFl02: R182659 MAPSCO: - 0 0 srrus 3960 SPINNAKER RUN PT TX 75068-3110 TIF' N 474,430 474,430 PROP USE: SUBMKT: EFFECTIVE ACRES: 0 .QQQQ 0 0 GSA 0 NRA: 0 UNITS : 0 474,430 474,430 Cost

DATE--3....,/_Z_<o-1/._.r._<{,____ I HEREBY CEHllfYTIIATTHIS IS ATRUE AM> CORRECT COPY OF TIE RECORDS OF "iME DENTON CENTRAL APPRAISAL illSTRICt TAX AGENT: PHONE: GROSSSQFT: NET SOFT: LINKED ACCTS: RECONCILED VALUE: RUDY DURHAM. CHIEF APPRAISER sv'Rd--c~ Ill SAL£·'t)'{7' ;,'SAl:J:::f-'tYP1f?iAAt'10\':;m·co :;:Flff /· "t,A$Q'Fl'\' s,--_-_•.::i,-_-_.__-•-,,·o _ ___ ___ ·,·:; : ..•_, -_FT,.-.____,.-_,:._,__- _-__-__ST_-),'.llP---------·_-_.___ .-____.__--._·,;·_,_.:;_:.-_·-,•_.:,-_•,:'.·_,·'._-,_-_._,___.·~- .- :--_..... _____;1_ _._- _ _ _._--""-- - -__,_-: ._-.~,_-_,_-_·_:_-_:_·_-_· -- 7''0RANT0i:t\CL' :\/C<'.} ''''•'''CO'NSIO\<;: OEe:o'· \'"l)Ea)•'1NFCf' "'.'i'/'- ·-:"\'---::-: ;; :~-J:,,;,;;;J;.~ "·""· .:-_-_- L!'!:i:tl:CE.:.: :·:-:,,'.::,';-.~~co;~~::.·;;;;;,;,~i:cS'.~t~M ·-·~ '"' -- .- • ~- ~ ~- ~ __ &., _ ;-:I;;~;:::~c~:.::&;;-::22-:::.~::;;::.::>!~L ~-;-;-;~_:,:;;;; -----\ :c~---:~::: ":~';,:,;,_L--<:;;·;•;:': !:~·;;:2;:L(~' 06/07/2013 650,000 CL I CONV 0 YR 0 0.00 LANGLEY, KEUY GN 2013-69513 • 06/26/2006 LI, XU WO 2006-77041 02/03/2005 BONNER, DAVID WO 05-13294

L!". )>t:_S_CFJIPT_l~~ .. .., ___ • -TYPE, ;--so1c.:: ;·Cl..S TABLE _ .. _.sc . Hs· - ::'!:)tu_~IONs ;'-"'NIT:~C;E, ~J-; M_~s'~J- VAL.SAC-, MKT,VAL- l.11 _AOJTy~E. '>,.oo_Af81'.'.>::~-_%::, AG AGUSE ;AG_T~L.E. AGUNIT'f'RC -AGVALUE 1. RESIDENT LOT a ""L.:SNo10'c5 N 2.5000 AC 1.35 5.50 1.00 A 474 430 1. LVIEW 550.00 N 0.00 ___o 474,430 0

Page 1 of 1 Effective Date of Appraisal: January 1 Date Printed: 03/26/2014 02:32:27PM by rogerh True Automation, Inc. Exhibit 7

OWNERS CERTIFICAT,!.ON NOW THEREFORE KNOW ALL MEN BY THESE ~RESENTS• STATE OF TEXAS COUNTY OF DENTON THAT, PROPERTIES· OF THE SOUTHWEST INC, OWNER, ACTING BY AND THROUGH ITS VICE PRESIDENT, MAR.GUS SMHH. tlUL Y AUTHORIZED TO SO ACT, ODES HEREBY·l'fDOPT THIS PLAT DESIGNAl!NG TRE HEREINABDVE PROPERTY AS ' SUNRISE BAY A'f LAKE LEWISVILLE', AN ADDITION TO DENTON.CD.UNT't, TEXAS, AND DOES HEREBY D.EDICATE. TO THE PUBLIC USE FOREVER THE STREETS ANO EASEMENTS SHOWN ON THlS PLAT FOR TflE MUTUAL USE ANO J'lLL THAT CERTAIN TRACT DR PARCEL OF LAND BEING SITUIHED 1N. DENTON COUNTY, TEXAS,. BEING A PORT10"1 THENCE SOUTH 04' 25' 32' EAST, 157. B5 FEET TO A GOVERNMENT MONUMENT FOUND•· ACCOMODATIQN OF ALL PUBLIC UTrLIT!ES DESIRING TO USE OR USING SAME. ANY PUBLIC UTILITY SHALL HAVE THE RIGHT rO REMOVE AND KEEP OF THE OR. W. BREASHEARS SURVEY, ABSTRACT NO. 1634; .ANO THE J. KING SURVEY, ABSTRACT NO. 718. REMOVED ALL DR PAIJ,J OF ANY BUILDINGS, FENCES, TREES, SHRUBS OR OTHER IMPRO.VEMENTS OR GROWTHS WHICH IN ANY WAY ENDANGER. OR INTERFERE AND THE WM. H. PEA SURVEY, ABSTRACT ND. 11'44, AND THE DAVID M•. CU~E SURVEY, .ABSTRACT NO. · THENCE SOUTH 51'4G'08' WEST,_ 149°.83 FEET TD A GOVERNMENT MONUMENT FOUND1 WITH THE CONSIBUCTION, MA.INTENANCE DR EFFIC!.ENCY OF IlS RESPECTIVE SYSTEMS ON ANY OF 1f1ESE EASEMENT STRIPS AND ANY !'UBL!G UTIL,ITY 226, BEING A PORTION OF THAT CALLEO 315. 6. ACRE TRACT AS DESCRIBED. IN VOLUME 383, PAGE· 69 OF DEED SHALL, AT ALL TIMES, HAVE THE RIGHT OF INGRESS AND EGRESS TO-AND FROM ANO· UPON THE SAID STRIPS FOR THE PURPOSE OF CONSTRUCTING,.

RECORDS OF DENTON COUNTY, TEXAS, AND BEING. A PORTION OF THAT CALLED 30.363 ACRE TRACT AS THENCE SOUTH 21'55'56' EAST, 243.71 FEET TO A GOVERNMENT MONUMENT FOUND• DESCRIBED IN VOLUME 614, PAGE 399.0F THE DEED RECORDS OF DENTON COUNTY, TEXAS, BEING FURTHER RECONSTRUCTION, INSPECTING, PATROLLING, MAINTAINING ANO ADDING TO.OR REMOVING ALL OR PART OF ITS RESPECTIVE SYSTEMS WITHOUT THE DIOSCRIBED BY METES AND BOUNDS AS· FOLLOWS• . THENCE SOUTH 0'4" 53' 49' WEST., 369.66 FEET TO A GOVERNMENT MONUMENT FOUNDt NECESSITY AT ANY TIME OF PROCURING HIE PERMISSION OF ANYONE.

BEGINNING l'>T 5/B' IRON ROD WITH CAP SE"F IN THE SOUTH LINE OF lHE DAVID M. CULE SURVEY, THENCE.NORTH 38"21'36' WEST, 491. 89 FEET TO A GOVERNMENT MONUMENT FOUND• ABSTRACT NO. 226. l\T THE NORTHWEST CORNER OF THE WM. H. PEA SIJRVEY, ABSTRACT NO. 1044, SAME BEING THE NORTHWEST CORNER. OF SAID CALLED 315,6 l'>CRE TRACTt . . THENCE SOUTH 19"02'58' WEST, 28Z.ll9 FEET TO A GOVERNMENT MONUMENT FOUND1 THENCE SOUTH B5"18'5:1'. EAST ALONG· THE COMMON LINE OF SAID CULE AND PEA SURVEYS. 1935,13 THENCE SOUTH 53' 13'24" WEST, 367.65 FEET TO A GOVERNMEN·T MONUMENT FOUND1 FEET. TO AN 1/2' IRON ROD FOUND• . WITNESS·MY HAND. THIS , 1SISl5.

THENCE SOUTH 54"14'25' EAST, 330'.49 FEET TO A GOVERNMENT MONUMENT FOUND1 THE-~)__/ ___ DAY OF;~/ THENCE NORTH 02'42'00' EAST, 34.57 FEET TO AN 1/2' IRON ROD FOUND• WEST IN THENCE SOUTH 18'31'1~' WEST, 198.45. FEET TO A GOVERNMENT MONUMENT FOUND• THENCE SOUTH B4' 30'1!.0'' EAST, 421.17 FEET TO AN 1/2' IRON PIPE FOUND• THENCE SOUTH B0'27'10'' WEST, 162.24 FEET TO A GOVERNMENT MONUMENT FDUND1 THENCIO NORTH 99· 24' 0!if'. EAST, 22:1. 12 FEET TD AN l/<C' IRON ROD FOUND1 - THENCE NORTH 5g•05•29• WEST, 67.57 FEET TO AN 1/2' IRON ROD FOUN01 THENCE SOUTH 56· 14'00' EAST, 183. 79 FEEi TO .GOVERNMENT MONUMENT FOUND• MARCUS SMITH. ESIDENT THENCE NORTH 47'.04'0'3' WEST, l.07.42 FEET TO AN 1/2' IRON ROD FOUND• THENCE SOUTH 72"0'2'38' EAST, 54.54 FEET TO.-AN 1/2' IRON ROD FOUND• STATE OF TEXAS THENCE NORTH 58' 13'49' WEST, 226.48 FEET TO AN ·1/2' IRON ROD FOUND1 COUNTY OF DENTON THENCE SOUTH 00'50'12' WEST. 129.06 FEET TO AN 1/2' IRON ROD FOUND• THENCE SOUTH 77"02'46' WEST. 69.85 FEET TO AN 1/2' IRON ROD FOUND1 THENCE SOUTH 66' 10' 50' EAST, 52. 3.6 FEET TO AN 1/2' IRON ROD FOUND• BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC, IN ANO FOR SAID CD.LINTY AND STATE . ON TH S DAY PERSONALLY APPEARED THENCE SOUTH 17"29'39' EAST, 54.10' FEET TO AN 1./2' IRON ROD FDUND1 ~ARCUS SMITH, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOW[.EDGED TO ~E THAT HE THENCE NORHl 22 • 11 'llG.' EAST, 66.32 FEET TO AN 1/2' IRON ROD FOUND1 . EXECUTED THE SAME FOR THE PURPOSE ANG. CONSIDERATION THE,IN EXPRESSED.

THENCE SOUTH 47'0'8'47' EAST, 59,36 FEET TD AN 1/2' IRON ROD FOUND1 THENCE NORTH 61'46'25' EAST. 83.59 PEET TO AN 1/2' rRON ROD l'OUND1 GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF THENCE SOUTH 15' 44' 41' EAST, 321. 61 FEET; TO A GOVERNMENT MONUMENT FOUND1 .:3 THENCE SOUTH 71" 24' 0'4' EAST, 791. 49 f'EET TO A GOVERNMENT MONUMENT FDUND1 THENCE SOUTH 6.0'22'19' WEST, 168.37 FEET ' TO A GOVE~NMENT MONUMENT FOUND1 THENCE SOUTH l l ' ll'lf4' WEST, 574.62 FEET TO A 5/8' IRON ROD WITH CAP SET1 ~I THENCE ·.NORTH 79"53'23' WEST. 179.51 FEET TO A GOVERNMENT MONUMENT FOUND1 """-"!.~"~.

IHENCE SOUTH 7B"20'32' WEST, 288.46 ·FEET TO AN 1/2' IRON ROD FOUN01 ~·..,, IN ANQ FDR THENCE ·SOUTH. 44'28' 49' EAST, 130. 92 FEET TO A GOVERNMENT MONUMENT FOUND1 =·'- ~~ TON couNT • TEXAS \1 THENCE N.DRTH 66'20'34' WEST, 98. 71 FEET TO AN 1/2" IRON ROD FOUND1 THENCE SOUTH 50"31'11" WEST, 92.72 FEET TO AN 1/2' IRON ROD FOUND• THENCE SOUTH 25•3B'44' WEST, 99.89 FEET TD A GOVERNMENT MONUMENT FOUND1 ,m. . . \~ - .... :,,j . ....~.~ C MMISSION EXPIRES l I st c-it THENCE SOUTH 88"19'23' EAST, 31!6.59 FEET TO A GOVERNMENT MONUMENT FOUN01 SURVEYOR'S CERTIFICATE THENCE SOUTH 52' 41' 04' EAST, 8:1. 40 FEET TO AN 1/2' )RON ROD FOUND1 THENCE SOUTH 87" 59·· 3g• WEST, 450'. 90' FEET TO AN 1/2' !ROI'/ PIPE FOUND1 THENCE SOUTH 15'03'25' EAST, 16.1.20' FEET TO ~N ·1/2' IRON ROD FOUN01 J, JOHNNY D. L. WILLIAMS, REGISTERED PROFESSIONAL SURVEYOR FOR SURVCON. INC •• DO HEREBY DECLARE THAT THIS PLAT WAS COMPUTED ANO THENCE SOUlH 87' 14' 07' WEST. 521. 'l3 FEET ip AN 1/2.' IRON Rao· FOUND• COMPILED BY TURNER COLLIE AND BRADEN INC,, UNDER MY SUPERVISION. ANO THAT THENCE SOLJTH 24'46'52' WEST, 422.77 FEET TO AN f/2' IRON PIPE FOUN01 THENCE SOUTH 86".04'41' WEST, 795.09 FEET TO AN 1/2' IRON PIPE FOUNDr THENCE NOR.TH 61l'06'54' WEST, 159. 72 FEET TO AN 1/2' IRON ROD FOUND• !. )THE METES AND BOUNDS DESCRIPTION CONTAINED WITHIN THE OWNERS CERTIFICATE HEREON, WAS PREPARE[}. FROM A GROUND SURVEY PERFORMED THENCE NORTH 0'0''00'18' WEST, 2555.0'8 FEET TO A 5/8' IRON ROD WITH CAP SET1 UNDEO MY SUPERVISION.

THENCE NORTH 23'14'51'· WEST. 72.11 EEET TD AN 1/2' IRON ROD FOUND• 2.) ALL LOT CORNERS, RIGHT-OF-WAY ANO BOUNDARY POINTS SHOWN HEREON, HAVE BEEN ESTABLISHED USING 5-/B ' IRON RODS. IN ACCORDANCE THENCE NORTH 0.0"54'34' EAST, 2581.43 TO THE POINT OF BEGINNING AND CONTAINING A WIJH COORDINATE VALUES PROVIDED BY TURNER COLLIE & BRADEN INC. ' THENCE SOUTH B.9· )!5'1'1' WEST, 111.54 FEET TO AN 1/2' IRON ROD FOUND1 COMPUTED AREA OF 257 .157 ACRES OF LAND. \ THENCE SOUTH 04"06'21' WEST, 106.14 FEET TO AN 1/2' IRON_ ROD FOUND1 THENCE SOUIH 63'01'43' WEST, 241.38 FEET TO A GOVERNMENT MONUMENT FOUND1 THENCE NORTH 01'29'27' EAST, 54.0'1 FEET TO A GOVERNMENT MONUMENT FOUND1 HN D. L. WILLIAMS THENCE SOUTH 86'58'11' WEST, 139.67 FEET TO A GOVERNMENT MONUMENT FOUND1 T ED PROFESSIONAL LAND SURVEYOR THENCE NORTH 51' l 7' 56" WEST, 100;68 FEET TO A GOVERNMENT MONUMENT FOUND1 REGISTRATION ND. 4Ble THENCE NORTH 22"02'1B' WEST, 366.80' FEET TO AN 1/2' IRON ROD FOUND1 STATE OF TEXAS COUNTY OF DALLAS THENCE NORTH 1B'56'52' WEST, 266.75· FEET TO AN 1/2' IRON ROD FOUND!

THENCE NORTH 39'54' 41' WEST, 159. 87 FEET TO A GOVERNMENT MONUMENT FOUND1 THENCE NORTH 34'04'13' WEST, 279.14 FEET TO A GOVERNMENT MONUMENT FOUND1 THENCE NORTH 55'30'32' WEST, 321.94 FEET TO A GOVERNMENT MONUMENT FOUND1 THENCE SOUTH 84'23"51' WEST, 164.79 'FEET TO AN 1/2' IRON ROD FOUND1 THENCE NORTH 44'58'35' WEST. 182.38 FEET TO AN 1/2' IRON .ROD FOUND1 THENCE SOUTH 65'35'27' WEST, 132.50' FEET cO AN 1/2" IRON ROD FOUND1 THENCE SOUTH 43'37'54' EAST, 248.13 FEET TO AN 1/2' IRON ROD FOUND1 THENCE SOUTH 52'39' 19' EAST, 10'6.29 FEET TO AN 1/2' IRON ROD FOUND• ...

THENCE SOUTH 40'45'22" EAST, 214.64 FEET TO A GOVERNMENT MONUMENI FOUND1 THENCE SOUTH 20"31'1lJ!" EAST. 268.42 FEET TO A GOVERNMENT MONUMENT FOUND1 THENCE SOUTH 14" 15' 27' WEST, 161. 43 FEE'f TO A GOVERNMENT MONUMENT FOUND1 CERTIFICATE OF APPROVAL THENCE SOUTH 74" 11'27' WEST, 346. 65 FEET TO A GOVERNMENT MONUMENT FD.UNO• THENCE SOUTH 51'4\'32' EAST. 426.79 FEET TO A GOVERNMENT MONUMENT FOUND• THENCE SOUTH 13'21l'0'1' EAST, 260'.39 FEET TO AN 1/2' IRON ROD FOUN01 THENCE SOUTH 25'04'08' EAST, 160.60 FEET TO AN 1/2' IRON ROD FOUND1 THENCE SOUrH 17·47•40• EAST, 115.64 FEET TO A GOVERNMENT MONUMENT FOUND1 THENCE SOUTH 38"40'59' WEST. 514.83 FEET .TD A GOVERNMENT MONUMENT FOUND1 THENCE NORTH 62'22'36" WEST, 192.91 FEET TO AN 1/2' IRON ROD FOUND1 THENCE NORTH 53'42'11' WEST, 228.94 FEET TO AN 1/2' IRON ROD FOUND1 CERTIFICATE OF APPROVAL THENCE NORTH 74'05'37' WEST, 129.46 FEET TO AN 1/2' IRON ROD FOUND1 \. oN THIS · DAY OF A~u sf- , 1995, THE COUNTY OF DENTON. TEXAS. HEREBY APPROVES THE FOREGOING THENCE NORTH 33'51'30' WEST. 206.96 FEET TO AN 1/2' IRON ROD FOUND• PLAT OF ' , SUNRISE BAY AT LAKE LEW~ILLE' AN ADDITION TO DENTON COUNTY, TEXAS, SUBMITT SOUTHWEST THENCE SOUTH 22_• 58; 13 WEST, 72.42 FEET TO AN 1/2' IRON ROD FOUND• THENCE SOUTH 00'15'5B' EAST, 125.18 FEET TO AN 1/2' IRON ROD FOUND1 THENCE SOUTH 49'54'00' WEST, 128.0'9 FEET TO AN 1/2' !RON ROD FOUND1 THENCE SOUTH 81'54'16' EAST, 232.98.FEET TO A GOVERNMENT MONUMENT FOUND1 THENCE SOUTH 28'59'37' EAST, 350.\2 FEET TO A GOVERNMENT MONUMENT FOUN01 THENCE SOUTH 30'33'41' WEST. 394.13 FEET TO A GOVERNMENT MONUMENT FDUND1 THENCE SOUTH 62'57'21' WEST, 85.72 FEET TO AN 1/2' IRON ROD FOUND1 THENCE SOUTH 20'"57'48' EAST, 52.61 FEET TO AN 1/2' IRON ROD FOUND• THENCE SOUTH 38'56'39" WEST, 129.23 FEET TO AN 1/2' IRON ROD FOUND1 • THENCE SOUTH 0'6'52'14' EAST, 59.15 FEET TO AN 1/2' IRON ROD FOUND1 THENCE SOUTH 35"57'10' WEST, 92.24 FEET TO AN 1/2' IRON ROD FOUND1 THENCE SOUTH 44"06'22' EAST, 43.34 FEET TO AN 1/2' IRON ROD FOUND1 THENCE NORTH 83"52'00' EAST, 71.71 FEET TO A GOVERNMENT MONUMENT FOUN01 DENTON COUNTY, TEXAS THENCE NORTH 32'28'16' EAST, 182.57 FEET TD A GOVERNMENT MONUMENT FOUN01 257.1p73 ACRES PART OF THE PROJECT THENCE NORTH 54'0B'07' EAST, 331.45 FEET TO A GOVERNMENT MONUMENT FDUND1 LOCATION WM. H. PEA SURVEY. A-1044 THENCE SOUTH 82'01'52' EAST, 161.0'8 FEET TO AN 1/2' IRON ROD FOUN01 DR. W. BREASHEARS SURVEY, A-1634 THENCE SOUTH 22'13'51' EAST. 237.62 FEET TO AN 1/2' IRON ROD FOUND• J. KING SURVEY, A-718 THENCE NORTH 20'39'49' EAST, 140 •.59 FEET TO AN 1/2' IRON ROD FOUND• Pl.AHO DAVID M. CULE SURVEY. A-226 THENCE NORTH 40'15'45' EAST, 159.72 FEET TO AN 1/2' IRON ROD FOUND• MURPHY WYLIE THENCE SOUTH 76'36'22' EAST, 154.63 FEET TO AN 1/2' IRON ROD FOUND1 PREPARED FOR• THENCE NORTH 24'1l2'01' EAST. 135.42 FEET TO AN 1/2' IRON ROD FOUND1 THENCE NORTH 80'44'59' EAST. 37:52 FEET TO A GOVERNMENT MONUMENT FDUND1 PROPERTIES OF THE SOUTHWEST INC. THENCE SOUTH 82'50'20' EAST. 225.68 FEET TO A GOVERNMENT MONUMENT FOUND; 100 LAKE RIDGE PARKWAY ROWLETI CEDAR HILL. TEXAS 75104 THENCE NORTH 22'25'30' WEST. 162.93 FEET TO A GOVERNMENT MONUMENT FOUND1 Filed fo·r Reco·rd in: (214) 299-5253 1 BLOCK THENCE NORTH 54'09'04' EAST, 433.66 FEET TO A GOVERNMENT MONUMENT FDUND1 DENTON COUNTY, TX 179 LOTS THENCE SOUTH 23'57'59' EAST, 275.32 FEET TO A GOVERNMENT MONUMENT FOUND1 HONORABLE ~I~ HODGES/COUNTY JULY. 1995 THENCE NORTH 47'02'13' EAST, 215.43 FEET TO A GOVERNMENT MONUMENT FOUND1 CLERK 5 COMMON GREEN AREAS 5'.llflYVALE PREPARED BY• THENCE SOUTH 79'57'57' EAST. 213.l!B FEET TO A GOVERNMENT MONUMENT FOUND; On Aug 02 1'3'35 TURNER COLLIE & BRADEN INC. SURVCON INC. THENCE SOUTH 13'20'29' EAST, -182.80' FEET TO A 5/8.' IRON ROD WITH CAP SET1 At '3:0lfani 5710 LBJ FREEWAY, SUITE 370 5710 LBJ FREEWAY, SUITE 370 tESOOlTE DALLAS. TEXAS 75240, <214) 'l60-'l651 THENCE SOUTH 13'3B'26' WEST, 208.76 FEET TO A 5/8' IRON ROD WITH CAP SET; Doe/Nun> : 95-R00457'34 DALLAS, TEXAS 75240, (214) 458·2173 THENCE SOUTH 85'02'31' WEST. 217.40 FEET To· A GOVERNMENT MONUMENT FOUN01 VICINITY MAP Doc/T)'pe : PLA UTILITY PROVIDERS• N. T.S.

Record1n![: '38.00 TELEPHONE• SOUTHWESTERN BELL T.C. ~ B. JOB NO. 45-94008-203 Doc/Mgmt : 6.00 307 NORTH KENTUCKY STREET Receipt II: 21161 MCKINNEY, TX- 75069 Deputy - CASSY ELECTRIC• D.C.E.C.

3!5lil1 F.M. 2181 SHE.ET 1 OF 4 : ,..~- CORINTH, TX. 76.21!5 0:..J ...::--,c-. .::-~::- :=. -:-::-,-=-=-.:=.=============::;:::::;_=.:;;:;;::::._.=_;:=_=.==::::==_::::.=.=.=:_::::.=::;:::::::===.=..:;._;:;_..:;:=...:=... ===;;:;:::::;:::;::::;========::::::===========;::::===:::;:::;::::;;:=::;:::::::::;:;::;::=======;;;;;;;;;;;;;;;.;;:;::;;:::::l'"""u

-it===::=.=._=.-= ...===:;:================-~-- - '"-· ~ -~- -- - " -----------

I l 1--- Il S 84-30-00 E 421. 17 173 ' 172 1.03 AC ~;' !.lo AC 171 iii !.24 AC 135 z [§] [§] !. Hl AC w"' 2011l 411ll1l 51irn 611l0 1-1 141 SCALE 1" =200' 1... 1 1.14 AC 142 137 1.0S AC 11 !. l'l AC • gi 1... 1 1.22 AC 140 163 1.53 AC .. 144 1.31 AC4' 1~30 AC _.

2 1-1 .• 1... 1 !.03 AC I N248 . "·--·1·~ -·· (;() 7 1.47 AC 1. 0;3 AC

1. !! AC 179 215._se 1.0S_ AC-7 1.24 AC J-1 215.Be. 14 l.3e AC [§] 1.02 AC !.35 AC 19 !.2! AC 7' ( J) - ID 18 15 . (\[ 120 1.25 AC 1.52 AC w ·1.01 AC •• 1-1 - j ; ,< ;•Al $ 1-21 l.01 AC 151.' •'!)$. 1. 04 AC . " 122 153 I "" I 1.0'1 AC' 1.ss AC [§] 155! 154 1.$1 AG ., !.Sq AC [!!] f I,,. I 1.01 AC - . " c;; •• ~·-

1.02 AC 42 • 1.04 AC

GENERAL NOTES• 1.03.AC- i !. ) TH~RAOIUS ON ALL BLOCK CORNERS rs 20.00 FEET UNLESS OTHERWISE NOTED, 39 NMG: I 2. l ALL EASEMENTS ON LOT LiNES ARE CENTERED UNLESS· OTHERWISE NDTEO• 1.10 AC 3. l A 20 FOOT UTILITY I SLOPE EASEMENT AOJDiNING ALL RIGHT OF' YAYS IS HEREBY ~ ( ·~·~· . .r~ /lfAff4J'f£11/JUVtlT OF Db4114'~1Jr-'ts 11,..,P fa.c= OEO!CATEO. A 10 FOOT SIDELOT U.E. / D.E. IS HEREBY DED.!CATEO. ' 43 . 4. l ELE.VAT!ONS REFEfiENCED TO N.G.S. DATUM SITE B.M. • eRASS DISK l!ONUl'IENT ' 126 l.15 AC '.;13 1.03 AC !.B7 AC ()lfi.t1•ill"t:.F /JltPUlfif~eAff"S WfT1fi/1" 111£ /J/1Afl'f~£ .STAMPED F q47 1q4S N 540426.228 E 2161833.063 EUSVATIDN 576.40.· · [§] 5.l U. INDICATES UTILITY EASEHENT• W.L.E. INDI~Tt'S WATER .·ff NO /Oil tfflUO/ E"M'1146AJfS 9#1f"AJ ON 11115 LINE EASEMENT! O.E. INDICATES DRAINAGE EASEMENT! 8.L. INDICATES BUILDING LINE S.E.. INDICATES SLOPE EASEMENT.

If ""'" P""'f' /lerr 11/L us"1Alsr&ll.d'I rlf.£ IAIQtfflDVllL tf 6.) THAT PROPERTY SHOWN HEREON WHICH rs SITUATED 'BETllEEN THE 537 FOOT GONTOUR- 44 CMEAN' SEA LEVEL> ANO THE BOUNDARY OF LAKE LEWISVILLE RESERVOIR, .~/. 127 l.50' AC IS SITUATED IN FLOOD ZONE Al5 (100 YR. FLOOD) PER FEMA MAPS NO. 490774 0150C, ~ 1. 03 AC DATED [!/;;'3/qJ, AND ND. 480774 0225C, llATE;D q/14;q0, ·._,-.t H ""·) _.,. I \;, ;> PttoPeutl fJIV'VUS AN° 1 ~ f.YM71.V &ovl'Vr'/. THIS PROPERTY IS ALSO S!JllJECT TO .AN EASEMENT RESERVED IN-A QU11CLAl:M DEED REC'D -47"1. 71 r-~'< I '--·r<·E''"·-~ ·-, ·': ~ JN VOL. 483.PG.444 o.R.tl.C.T.- JN THIS DEED THE u.s;A~ RETAH!S THE ·PERPETUAL RJGHT TO ~t: 1l!f i j) ·J l LL~ FLOOD THAT PORTION OF THE PROPERTY stLOli THE ELEVATION OF 537 FEET (HEAN SEA LEVEL. l !'""'> r ,,-_ _._,,. (·~· "''~ 7.l THE OEVEl.OPHENT OF INOIVl.DUAL OliNERS SHALL NOT Bt.OCK ANY TRIBUTARY 'RlmFF. ''.L,~·.....,.-: 45 e.l LANO USE OESIGNATEO AS SINGLE FfiHILY RESIDENTIAL.

12$ !;85 AC q, l A.O.E. IS HERE!lY DEOICATED FROM 2" FEET DN ElTHgR SIDE DF THE CENTERLINE OF 1.134 AC · ANY. ANO ALL CREEKS, GULLIES, RAVINES, DRAWS• SLOUGHS, DR OTHER NATURAL DRAINAGE COURSES LOCATED IN SAID PLAT ARE HEREaY DEDICATED TO.JHE PUBLIC As EASEMEN'TS POR DRAINAGE PURPOSES.

ALL COMMON GREENS ARE ALSO HEREBY DED!CATEO AS DRAINAGE EASEHENTS FOR PRAINAGE PURPOSES.

MATCH LINE 10. l THE AVERAGE PERCOLATION RATE VARIED WITH DISTANC.E HAVING A RANGE OF 40 TO 120 MINUTES/INCH, <PROVIDED BY SAILY INSPECTIONS & TEST!NGl

·LEGEND Filed fo·r Record in: DENTON COUNTY, TX HONORABLE TIM HODBES/COUNTY CLERK FINAL PLAT ~ BLOCK DESIGNATt-ON On Aa§ 02 1995 At 9 :ii4am: SUNRISE BAY ~~·~~.-·~··" SUll'IEY LINE Doc/Hurn : 95-R00457'34 AT LAKE LEWISVILLE Doc/Type : PLA -I !:i38 I HlN5 FINISH FLOOR ELEVATION R'eco-rd1ng: 98.00 T.C. & B. JOB NO. 45-q4008-203 Doc/M-gmt : G. lillil Recei i;;t II: 211G1 Deputy - CASSY SHEET 2 OF 4

---------------····-------------------------------- -------- - - ···---

MATCH LINE.

N28'l ~ 5.5 74 s2l 1.41 AC ~ 1.41 AC 1.37 AC 71 ~• 2.18 AC

1.32 AC COHMDN GREEN NO. 5- I 85 3.4'3 of:IC> 1.40 AC a> 1... 1 "'• I ;(' T _., j "-. ..L t8 I l\l I 86 1.41 AC "' I 1-1 ;x; I 60 8'l *"'"'i- 1.06 AC 1.14 AC z ,--'I"" '·,./ 61 'l4 ("'1''\ l.ll3 AC 1. 14 AC ., ' c·r~_;

'l3 1.30 AC

'· '<Iii ~ '..) ; 62 98 "' 91 1. l<J AC 1.02 AC 2.19 AC ~ 117 103 1.3'l AC 1.10 AC .,·...-... --~,~-

I .,.., 104 1.34 AC

.· 114 1.40 AC

1.08 AC· 113 11 Qf 1. 35 AC " 1.15 AC *' D.E.. ~ (:;\, 107 1.56 AC i ~~;: 112 ..,i \_V 1. 12 AC ~ E 306.5') I "" !. 00 AC z "" ll~~ .c;·~,.~.v~.<~·_f€Fs"*"t°"7~~-~-~,~·,2..;.w1.--...i~S~87'f-~1~4~·0 Ill II 3 521. 'l l 4 s 86·04-41 w7'l5.0'l i

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LEGEND Filed fo~ Reco~d in: DENTON COUNTY, TX \/I L_,L HONORABLE Til'I HODGES/COUNTY CL'ERK CD BLOCK DESIGNATION FINAL PLAT Aug 02 1995 llt 9:04am SURVEY LINE~ Doc/Mum ' 95-R0045794 SUNRISE BAY 538 I M!N. FINISH FLOOR ELEVATION Doc/Type : PLA AT LAKE LEWISVILLE Rec<Y~ding~ 98. 00 Doc/Mgmt : &.00 T.C. & B. JOB NO. 45-94008·203 Receip.-t ih 211&1 Deputy - CASSY SHEET 3 OF 4 -!!:::::::========.-·--·· l

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581J~N $65•4B•Z<lE N5+-?i2-llil:3E $S.4!J "" 17.qy l·M-lS 531J.Bs- l.,. ll4.3t sse--a7-4-1tf 31 85~13-IL ...... 21.aa 34 45.33 -+-514-03 538'.,se 1"13 'J.4, 31 H60~B7--41E 32 "" 17. C!1 61 ~l<J-114"- 21!.... N13-24"-S5'11 17.32: 35. 1!5,61 S51-1'1-2:1E 1"4 62.81, H;)3·3&-42E 33· ........ 2Q2--38-00 ...... SJ"i'-+4-33&" 75~96 l-1..~1 -51 ·l<i-if+ ..... ,.., 181~31 Ii 0·l!l£!-113'J. . 17.'11 51-11J•l14" 20.se · $31-54-~ 17._32: "" 38.71! 36-57~2'1 ..... l'lS 128.71 ~~:34-5.fE" 35 ~-75 85·13-11 28.'00 sas-21-w:lE 27 ...

2.., 181.31 a E-N-18E - :<Jl.-42 ...... Sf4-05·26E 28.20 47 40.15 4~51-!5-1 ...... 208 55, '36' S5iiJ-lS·off?W 34-<;l.36 37·'46•05 -.Jiil S711l-12-~23E 343.li17 11.q1 51~1 tt-JiJ• 20.e111 2117 73,lll2 $22-05-:Z-4'1' 17.<3! 51-1'1~114 ...... S76-68-53E 17.32 •• .. 32.75 31 ~tS-26 Ge.Bill 4!i. 20 N 2•54-34E' ..... 2~5.'30 :282-30-'08 oo.m S3B·42--3'1W ,,....

3'1.50 37·4(3'~11 GS.0rll .... 121.a1 S2.2-27-2<'1E. ..." 17.~1 SJ~J'l--lll-4 211J~Blil N25·3'l~4SW 17.92 •• ·51 +l •. '40 3'l'-:32-'13 Eil30.illill 210 - 62.seJ 665"•35~27111 •• 3-S"J.91 37·.fS-"5 478."" N7B•12¥23W 324.24 <1-7.30 4.'5-10-05 60.90 21! 72.'42 S22·58-13W 50 31.'42 "')i'!l-00-80 21il.._OO S-45-54-3-4W 20:20· "'

Exhibit 8

STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the fu nctions of my office, that the attached instruments are full, true and correct copies of the builder's plans for "3950 Spinaker Run Poi nte Rel.". The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of lhe Town of Lakewood Village, Denton County, Texas, and are kept in said office.

I fmiher certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office.

In witness whereof! have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th clay of March, 2014.

PL.-l.~l\O.

GENERAL CONTRACTORS NOTES GE!IERAL FRAMING NOTES BUILDER COPY 1.)Prioc to any construction, the Contractor shall fantiliarize 1.)Structure was designed in accordance lo the International 7134 himself with the Contract Documents and Specifocations, Ille Building Code 2003 Edition.

Plans, including all notes, !he Cily Standard Details and Specifications and any Olf>e< appticable Standards or 2.)All joists and rafte<s shaft be aligned aver studs bel0\/1.

Specifications relevant to the pr"l"'f completion of the v.ork specifie<f. FaUure on th• patt or the Contractor to famOias!ze 3.)All eJ<lerior corners [Inside and out) shall be braced as 101.30/13 hlmseff with all standards and specifocations pertaining to the reQuired. Special cily Wind strength ordinances may apply work shall in no wiry reli&ve the Conlractor of responsibillly for performing the work in accordance with all such applicable 4.)EJ<lerior walls 2 X 4 or 2 X 6 Sllld framing with veneers es Standards and Specifications. selected. except where shown as 6" wall for plumbing supply andven1$.

2.)The Contractor shall have in his possession, prior to z construction, all necessary permits. licenses, etc. The 5.)lnlerior waQs 2" X 4" stud with sheelr'Oci( face. except whem ::: Contract°' shall have at lea,st one set or set of approved Plans shown as 6" wall for plumbing supply and vents, and for walls ! ~ and Specifications on-s~e al al &nes. The Contractor shall 1rr in heigtit or grea1er. ~ "e notify city bu;ldings officials and/ or department 24 hOU1'5 prior 10 0 ~ ?i x;:: the commencement of any wonc. 6.)Unless specifically noted otherwise, framing lumber shall be no. 2 or better soUthe<n pine with a modulus of elasticity of ~~ 3.)Con.struction inspection may be performed by representatives 1,600,000 psi. Interior wall studs may be no. 2 or better I ~ af the OWner. Engineer. City, Geolechnical Engineer and Douglas fir or S. pine. or no.2 or better SPF. - ~ <,_; ~ = ~ l1 >- Reviewing Authorities and Agencies. Unre$tricted access shall s 11. be provided lo them during normal wor1<ing hour... The 7.)Wood roof and floor trusses~ used shal be fabricaled, contractor is responsible !of unde.st.lnding and scheduling hondled, and erected in accon:tance with lluss plate institute ! ! (.)0 0.. ::::: required inspections. standards and IBC standards. Truss design drawings sealed a: ~ "~ by a registered professional engineer shall be provided to the w 4.)AD contractors mus1 coofine their activities to the work area. owner prior to erection of the 1russes. The truss webs end E: g No encro.,chments outside of the defined work area will be bottom c::hoc'ds shatl have their individual 2"' thick components allowed, unless specifically noted on the plans. My damage glued together as wen as nailed pe< Ille tNss pi.'lte patte<n. The OJ resulting lhe<elrom shal be the Conlracto<'s responsibilily lo truss me:mbers shala all be minimum 2x4 no.2 or bei!e<. repair.

8.) Coordinate and adjust as necessary, the typical framing 5.)11 YAll be Ille responsibi lly af each contractor to p<olect aD member spacing With lighting and electrical localions shown. existing public and private utilities throughout Ill• conslludlon af this project. Tho Contractor shal contact the appropriate 9.)Wllen two roofs intersect .mil different roof pitches. block lop I utility compa111e$ for line 1oca11ons pllor lo !he commencement or stud wans lo align fascia. of C<l0$lluction and shall •=me ludl liability lo those companies for any damages caused lo Uieir facilities. 10.)Wood connections lo be Simpson ties or equivalefll.

VICINITY MAP SHEET INDEX 6.)The Contractor shal be responsible for providing the required 11.)All stnictuml steel sliall be A36 except TS shapes shall be consiruction siaking necessary to complete the construdlon in A500 GR. B. Steel joisls and joist gird" rs shal meet aQ aeeordanoe with the plans and specifications. opecificallons of the lalest S.J.I. edition. Fr-50 KSL AD botted cs COVER SHEET connections shall use a325 bolts unless noled otherwise. AD Al PLAN OVERVIEW .)The Contractor shaD be responsible for providing and welds shall be made using E70 electrodes. Headed studs shall A2 FIRST FLOOR PLAN maintaining all necessary barricading and a" other wamlng and be Nelson 0< better. Temporary conslluelion bracing of the A3 SECOND FLOOR PLAN safety devices 10 protect the public safety and heath untl all structural sleel frame shaft remain in place until alter the floor / A4 FRONT/ REAR ELEVATIONS wor1< has t>ttn oompleled and accepted. and roof deck attac:IYM:nts have been com~1ed and all / AS LEFT/ RIGHT ELEVATIONS permanent bracing has been inslaned. A6 ROOF/ PLAT PLAN 8.)lf atrt unforeseen problems or conflicts are encournered in GENERAL CONCRETE NOTES • A? CROSS SECTIONS the course of cpnstruction, for which an immediate solution Is Sl FOUNDATION / PLUMBING 1.)Do not use f.oundatlon outline plan for actual construction.. S2 ROOF FRAMING not apparent. the Engineer and OWner shall be notilied.

Foundation documents musl be drawn & sealed by a registered 53 DOOR/WINDOW SCHEDULES engineer. Peskuski Home Oes.ign assumes no responsibility for Dl CONSTRUCTION DETAILS 9.)The Contractor shall be responsible for removing any existing S1rvc!Ure$. fences, debri$, or trees that are located within the slab strength or integrity.

I El E2 FIRST FLOOR ELECTRICAL SECOND FLOOR ELECTRICAL boundaries or this l'fOiect. unless otherw;se noted on the plans.

2.)Concrete shall have a minimum compressive strength of i 3000 psi al 28 days. Reinlofcing steel shall Ila ASTM A615 ' ~4-<o 1O.)General Conttactor shaft be responsible for coordination of grade 60. Lap an reinforcing splices 24• unless noted other trades (mech1, elec'I, elc.) prior lo fabrication and olhe<Wise. ~rovide 2'-0" x 2'·0" comer t>ais lo match end lap ~I)> Installation. horizontal reinlofce<nent al aU grade beam and wall C'o.o inte<sections. 30 bar dia. lap minimum. All reinforcement shal 11.)General Contractor 10 be respon.,ble for coordination of be detailed in accordance .,,;lh lhe lalesl ACI Oetairrng manual -architectural and structural drawings prior to fabrication. forming. or placement of materials. Gene<aJ Contractor shall 3.)Contractor shaD coordinato all penetralions, conduit, SffiCTtJI' report discrepancies immec:tlately 10 arehheet and shall proceed chamfers and embedded ttems prior to concrete placemeflt. COVERSHEET with construction ooly after disetepancy has been resolVed. Welded Wire fabric and wire shall be lapped the spacing of the cross Y.ires plus r . cs

1f.'lill'*O~llll1 )~1'• >1t.1 """' 1:4;t1-a•;.:W!i):x\·"1 ,.,·x;.u,, ,.,,,\.,, OU ~ILLNIOcl NOH 'H~DIVNi'ilcIS 096~ ~ '::::!

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I I.

Pr~INNO.

7134 11,-05/13

NOTES:

I a.

... ...._ "'°"1r>J11............~40J.,.. """""'.. "' FIRST FLOOR .. -·----- AREAS LIVING ~\ FIRST FLOOR A/C / 553& j SECOND FLOOR A/C ( 1 3&! { LOFT I 229 TOTAL LIVING ~ ' GARAGES CARS &lB CARS 61B SHOP 221 PORCHES ENTRY • GATE 1 75 ENTRY· FRONT DOOR 1 23 PRIVATE 82 BACK SNGLE VOLUME 471 BACK DBL VOLUME 505 I GARAGES/PORCHES 2813 ;;:!;,;;~R:F;?. }7iF,==::;::=:~';=:'!i"fiit.__,.;IL_ _ _J___llAlllns1at/arfons TOTAL UNDER ROOF ~ TOF/oiatn .Su • 1...____.....i) , mS?ect~""<li----------------11 I. PLAN OVERVIEW SHEE'l' 8C'A LF::: !JI.ii!" - I' SECOND FLOOR A-1

l>fJANNO.

NOTES: I. COMPLY \.'m'HM.L $TAT!,~. Alf/Jt.OCA.l 7134 9UllDING COOES, OftOOW.ICESAHJ REGUlAT10NS PERTMllHO TO CONSTRUCTION.

2. CONNICTWAT!R. GAS.N«J B.l:CTRIC ll'ES TO EXIS'nNG UTUT"IE$ ~ ACOOACW«:f' Y«TM LOCAL aTY ISl.ll..D9NG OOOES. IF NU0m. DA'fl~ 3. MMUUM ANISlitO 'lOOR n.IVA'ftOH:WU.11 AT lfAST 2' MIOY£ MN1M1..1M FEW!. 100 'l'£AR R.000 El.EVA.TION,ORMNOTEOONSITE. •.AU '°°n.tGS TO!XTENO mowGIW>E llt05/l3 .,...MUUAS P£R lOCAl 000E AT KAAIHG WM.LS. INT9t'OR 8EARWG FOOTINGS 6"' INTO NA.1\JAM.~ UNt£$$ OTtERWISfZ NOTED.

S. l!Xtt.RIOlt WALL$ r xr sTUOnw.ttNG v~ ~SA&stu:CTm. l.IH'lli:RIORWM.1.$ 2'"X4"\"oU00$1\JO\'YITH SMttt'ROCKFACE, EXCEPT WH£Ftlt 5HO'Mf A$&"' WAl.L FOft P\.UUSING $UPP\.Y MOVEHT'$ z i 1. \.'IHf ALL PlUMlHG STAOCS TOREAR:Olf HOUR 9 ~ ~ • t. HENXR HOGHTS SHCWIN AltE TOP OF 'WIHOOll ~ 1 r ( HEIGHT$ ~ I ,tl ~~~1~~~ 0 - ..P. :gd ,'fl' ~....,,..ICINSANOSCAl.EON<.YJoCQMATf.F ~,. ~ v PlOTTEDON2..-X:WPA.GE. ~r 11,~Hf.ADER IClGHT$ TO MATQ4 El<lSTl!"GWM>OWSUNt.£$$NOT£0QTHERWI~ I :6 ~i tZ. OIMEUSIONS S.HO\"M MEASt.IRE TO STUl WALL• - :: g Tl4Cl<H£S$0F Y01EVtS. ~llNQS. SHEETROCK. ~:. f a. .... :::i ~

~ "~ :::

~ 9 0., "'""' ~ """' ~o~ 8~~ zSi ~w~ ~~ ~~ ~' <I ~I t~~ ~I ~I ~~~ ~, I ~~~ - - - - -1- - - - - - - - - I 1 ~ ~ g I FIRST FLOOR 8IDl1<11' PLAN" SCAill 3116" - I' A-2A

I Pl.\NNO.

I NOTES: 1, c::c:>MPl.Y 'MTH ALL $TA1', OOUH1Y. NC> l<>CA&.

I BUIL.OINGCOOES, ~NfO A!GU.ATK»IS 7134 P£RTAJNIHO TO OOf\ISTRUCTlON. ---------»-r - --=J- - -1r..--- 2. ~ECTWATER. GAS. AHi) fL.ECTRIC L.KSTO ~nNC:UftmJ:~l'./A~'MTM lnt"J.l """ ·d Cl1'Y BUIU)ING 000£$. 1F NEEDa).

3. M£MIMUMFINISIEOfl00REUVAnoNWU.8i,1.1 11.\'l'F. ~I LEA$T 2"' MOYE ...._........ ~ tOO'i'EAR Fl.000 ELEVATION, ORAS NOTED ON SCTE. ---- ~i- ri §.... 4M.I. FOOnNGS TO £X1'ENO 8a.OWGAADE UA>5113 M1HM.M ASPER LOCAL CODE ATBEAAING WAU.$, M'EFllOR BU.RING FOOTINGS 6"' INTO • iii 1,I HAT\IV.L GRACE. l.N..E$$ onlfRWISI! NOTED..

5. EXTCRIOR WALLS 2'" X r ST\.IO FRAMING Wln1 \ OININI \ltNe£FtS AS SEt..Ec:rm• - CU.tfOCM • t..lt<llT!9 Tl!I0- ~I1 .,. .... .. •• IMlVVOR WAl..l.S r x c· wooo STUO wmt e.t.A!I ~I SHUTROaC '>C.f. EXCUT WHERE! SHOWN AS&'" •4'·~·-~ =- ::c••• "{. 1\ WALL FO't PU#.181NG SUP9lY ~VWTS -...:.~ .... .....~-· -.... I 1, V!NT AU.P\.UM61No'.l$TAOCSTO REM OF HOUSE ,-. ' "\._ a. HEAOEft HEIGHT'S SHOWN AA£ TOP Ofl WN>OW . -~Jr t. PERSECT'Kltf907..2.11. tECSMQKE """""' DIT(.CTO't t.OCATIOHS SHO'Mf CN Q.CCTJUC.Al. 0 .I -;tl"'~l PW<.

10, OIMENSfOKSl\NOSCALEONl.YACCUAAl'i:F '._ =~:;:,:..-- PLOTI'ED ON 2C"X3V PAGE. .r .'t ~-"'·"' 11, WHb<1W H!M>Ut HIEtGHtS TO MATCH .,,~ . ,.....,.\.Wl,..D £X1$11NO WINDOWS UNL£$S HOTto QlHEAWtSE. I I' . I ~.1 :-:.~ 12. DIMENSIONS SttOY<1'I MEASUR£ TO STUD WALL· ~ MVEHUltS.F0011HG$. SHU'1"RIOCI<. . _Jl ·"------"=~ nc. HOT..0.1.CED.

Q. + .

WA,J 1 rrpca

fi!6:--YS??

= = I I :nuceo.,•

'S*'8TIJOY ...' " I .~ --;:::a::;;· ~-·4

I I~ FIRST FLOOR - K..-- PLAN S<'AT;li~3/1Cl"- 1' ------------r---------------~-------- --- ~..- ------ A-2B __., . --'.---__L_~

l'f,,\N NO. NOTES: 1, COMPl..V wtTH ALL STATE. COUH'TV, ANO LOCAL.

8l.&OINO COOES. ORDttW«:UANO Rf.OlAATlONS PERTAINING lO CONSTAUCnON. 7134 :l.C:ONNECTWATU\. OAS, N'40 o.ECTRIC t.N$ TO EXISTING UTIJTIES: ~ ACOORDAHCE WITH LOCAL CtrV BUii.DiNG C00ES. IF Wl!EDED.

3. ~ FNSHm FLOOR ELEVATION WU &e Al l.EASl r MIOVEJrMHIMW F(Jr.IA 100 'l'ENl A.000 Tlil'l'fll llSVAnDH. ORAS NO'l'E>OH stnL l .AU. FOOTINQS TOEXTDI) IB.OW GAA0E .-NJMAS PERt.OCALCOCJI! ATMAA:IHG llt05/l3 WAL.LS. 1NlliRIOA BEAA:lNO F{)OTlHGS C" INTO H4TURAl CRAOE UN..£$$ OTH9lY«$£ NOTED.

S.. txT!RlOR WAIJ.$ TX r STUD '7tMUNG wmt VEHEERS AS sa.Ec:rr!>.

I, INltRIOR WAU..S 2" X. o1· W000 S1U) W'lfii SHEETROCK F~ EXC£PTWHElt£ SHC'J'Mril A.St>"' WAU. FOO PUJ~G SIJfPlV AMOYOillS z 1. vafT AU.PLUM81HaSTACKS TO ~Of' HOUSE.

I. HEADER HEIGKTS SHOWN AR! TOPOI WHX1N 9 ..~ ~ """""' t. PER SECTION IQ7.2.11. t llC SMOk£ ~ "~ OETEc:TOR LOCATIONS SHOWN ON 6.ECTRICA.l 0 .......

10. ~AHOSCAL!OMLYACCUR.A.T!_. ~~ ~ PLOTTED ON 1oi"X3e" PAGE. ::; 11. WINDOW HEADER teGHTS TO MATQ4 .-, ,.ii!~ ~ .,, exJS'nNG WINOOWS !JNt.n;S HOTtD O~SIL ~ 3 :t 12. ~SHOWN MEASURE TO $1\IOWAU. • TMCICNESS OF VENURS, FOOT\NGS. $ttEE'TFtOC!<.

I ITC. NOT NCLUOlD. ::; H ~ ~ ~ Q. ::i..... ~ WAIL nee:; :.r. ,;ry<; ..? ;;c....,.. -~' "' ~ s;&;XN;i!

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ooP ~s~ BQOR P\,AN Dl§CU.IMEB ntr:Gelll!"°C.COMT~Ob'latW.4~»0 .,.,,..,TMl~O#.-UM . . . . . . . . ,....o~ ~i OIF n«-.OOQll.e.TSllH0.9W.L ~fl(_1KUtoQ rlOW!

OOIQIOIFNtf~NCl.Oll~IWOllTO 'IM.$TNITO/FCONJTIIUC'nDJC.l'QICUPQ~OltlC*MJ.M .,,_ t;i ~ l.i.NDAM.MOr , ll'f.a"lfQ. fl«QfNEJW. co llO'l'lf:IOl'IATM,) ......... ... ____. 1#"1Jlf&w.l.lilt1111MM --- ,M.ICl.\'t..AAOM'f'*M.M.1 TOOCJHT1'0l.T'ISOIJ/IUt'f °'=:.=r~.., _....... ...... ..... ~s~ ........... n:tYOI 1#1-0WIWCV _. ~CQ ~ ~...-JIOSAOCOOU Mlt lM'llLP'OfrCllllUTOFnEGOCN&.~'tTO PlllO'lm.Nfr~ICCEUM'l'TOT'9tifAllUNOll' Ml~O'!Mtll!llOJICT.l'tilCu!llOKlr.11!000. Cl:> -------------·-i r/ OCDfllOTHllCA.TlflO(:...,_V,,,,,OV.CT~ ~ ~ ~ -- -----------·-------.···~ ..... _____ ,;··" -· SECOND FLOOR SHENJ' PLAN SCALE: ~116" - I' ...-. A-3

1'1,,\NNO.

7134 ll.\TIJ 11,-05/13 .--·······-· m "-· -·~~§

FRONT/NORTH ELEVATION

ELEVATIONS 1 SCATiF~ 3116""': J' A-4

PT~WNO.

--~~ ... 7134 OATI~

11;()4113

LEFT/EAST ELEVATION

ICll ICll ICll ICll ICllICll All fnStaflalJans Subj To Flo1d ,,,._,_ llCl ~r ' . . -,-. .,.

SHEIDT RIGHT/WEST ELEVA'J. ION A-5

= PT,.~NNO. = :1 z 7134 ' °'1'12 .... 1r l>ATF.

11,-04/13 j' ... • : 12 .~-·~~~~ I 0 .:.:12 .....~~····~·~ I D J J

ROOF PLAN SC'A.L F"J: 118" _ I'

LAKE LEWISVILLE RESOVDIR ' "

.c11 . e 9 • PLAT PLAN SCALF..: I"_ :30• A-6

l'lu\NNO.

7134 11 _-j 11 l r>ATI»

I 10130113 I J L ,, - 7: ~ :r. ~ - ".

0 - ".,,e ~ ~ FIRST FLOOR I ~ s - .,,. - i (f.

0... :::: ;;;;, ~ ~ !: ~

>- z ....- -::::,..., ""' ~~ ;;;J ~v =- z oz /"'"'\ ~~ 9 zO z ztij :;:) ,.,.. <~ - ~~ :.::: :::J ;.;:;;.. 00 ::i ~ o < ~ o~ ::r:: I.: CJ) z~ -°"' L~ < C; ~ ~ < ' ; SECOND FLOOR i SITENI' t .....-..-···-·: ..../ DOOR/WINDOW SCHEDULES S-3 i.................... SCATiE: IS' - I' ····--·--···"

Pl "\~l\I).

7134 11.\'r1<: 1H l5/13

,: I , t z ·~ ~ ~'.-- '? ... ~ ••~;-J..:" ::: "~ :'• 0 ~ ?: ~ ;;::; )! .. o ~ I :fl ~~ ~ ~ £ ;; ~ o_ :5:n :==: ~ ;{.\ £ ::"

~ z~ ST~ OV ~ ~~ L ~ o ~z~ c.,., ~ 0 c ~ Q..; =! y = Z~ z ~ ~ (/) ~....... • e...o•C'I' ~~ ~~ EL£CTRICAL Sl"1'T'lM 0R0UH0 TO 8E ""O'V-.>EO PM Nee. ART, 250-f1 o~~ COHVl'.NENCe OUT\.E'TS IM GATHAOOM!., tcm::HEN OQl.Hl'eRTOPS V•TTHIN $1X FttT OF THE~ SH(, OUTDOORS. J.N> IN GNU.GU .AHO aA.SEMENT'8 ~~ ~ (OTHIER nwf FOR l.AUNDftY OR; SIMI.AA tOUIPMEHT) S1w.t. N Gf-Q MOTliCTm, IEC, ART. 2 1o.t, Tl1E nECmlCA&. Pl>H(Sl INCWOED tH TWESE DOa.IMENTS ls.wt! W'l'DOXO A$AGl.a.OHl.Y, T11E.~CC>tlTAAC10R81.11lJJERSHMJ..~AU El.lCTRICAL SER'Ya. _,,STM.LATIOH.AHO nEl.OCATIOHOF M..c SWITCHES. Cf> Fll('1\llH, E<lUIPMEHT, QU'l'U5T'S, El.EC'TJl;tCM. PN.a. &TC, AOCOA01HO TO ILJ ux:AL ANO KATIONAl lLfCT'RICN.. OOOU. ~~@ C1';) U3tfTIHQ pqNN 1$ ~ AHOfS A.TlHE DISCltfllOH OF THE~ -!

I SRllJET I EI.JECTRICAL 1 =- l - '-"-=-=-::.::__:___ --'---- ----=-=-- . ----""-=' SCAT.F..: :i/1 6" - l ' E-1

PlulNNO. , ........................................................................,.......__..-... ~···· · -·· ··· ········ ...... .... ..

7134 l ),\'J'l'J 11,-05113

z :~ ~ •~ 0 ~ ~ ~ ~ :!"' o ~ I :c ~ ~ ::: ~ ~ ii3 ~ 9RIOOC.

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Exhibit 9

STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of the Town of Lakewood Village Stop Work Order dated March 14, 2014. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office.

I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that 1am a lawful possessor and keeper of the records in said office.

In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March , 2014.

Exhibit 10

STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) [ hereby certify, in the performance of the functions of my office, that the attached instruments are full , true and correct copies of the Town of Lakewood Village Stop Work Order dated March 13, 2014. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office.

I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office.

[n witness whereof I have hereunto set my hand and affixed the officfal seal of The Town of Lakewood ViJlage this 26th day of March, 20 J 4.

Exhibit 11

STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of the photograph taken of 3960 Spinnaker Run Pt. dated March 10, 2014. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office.

I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office.

In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014.

L~ell, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas

Exhibit 12

STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) hereby ce1tify, in the performance of the functions of my office, that the attached instruments are fuJJ, true and correct copies of the photographs taken of 3960 Spinnaker Run Pt. dated March 13, 2014. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office.

I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office.

In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014.

Linda As'beU, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas

• • - •

·ii

~ ..' ,, '

Exhibit 13

STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the ftmctions of my office, that the attached instruments are full, true and conect copies of the photographs taken of 3960 Spinnaker Run Pt. dated March 14, 2014. The same appear of rec01"d in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office.

T further certify that T am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office.

In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014.

Exhibit 14

STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby ce1iify, in the performance of the functions of my office, that the attached insh·uments are full, true and correct copies of the photographs taken of 3960 Spinnaker Run Pt. dated March 18, 2014. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office.

I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office.

Jn witness whereof! have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014.

LilldaASbell, TRMC, Town ~ecretary Town of Lakewood Village Denton County State of Texas

Exhibit 15

STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instrnments are full, trne and correct copies of the Town of Lakewood Village Builder Registration for "3960 Spinnaker Run Pointe". The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office.

I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that 1 am a lawful possessor and keeper of the records in said office.

In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014.

~ol DYdr-J,.9 o_Q ~ell, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas

BUILDER REGISTRATION APPLICATION /\ ! ;/ BlJll.D EH INFOliMATJOO

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PROPERTY OWNEI~ /-IAAJ OWNERS 1\DDnESS & TEl.El'HONE/I

ADDIU:SS OF llOME TO IJlt: BUILT

ELEVATION GIHJUND Fl.OOll LEVEL TOTAL SQUARE FOOTAGE

Page 4

Exhibit 16

DR VOL OO_±?~PAGE 144 J l ______JJ_O L STATE OF TEXAS ) ) COUNTY OF TARRANT ) ·~- :, ....... { QUITCLAIM DEED _.,""- 526 . 'KNOW ALL MEN BY THESE PRESENTS: That the UNITED STATES OF AMERICA, acting by and through the Secreta:r;y of the Apny, under and pursuant to the powers and authority contained in Public Law 85-500, approved 3 July 1958, party of the first part, for and in consideration of THIRTEEN THOUSAND FOUR IIDNDRED TWENTY EIGHT AND 17/100 DOLLARS ($13,428.17), to it in hand paid by Joe A. Reeves and wife, Ruth Gossett Reeves, party of the second part, the receipt of which is hereby acknowledged, does by these presents bargain, sell, remise, release and forever quitclaim, without warranty, express or implied, unto the party of the second part, their heirs, representatives and assigns, all that right, title and interest which the party of the first part has or may have had in or to the following described property situate, lying and being in the County of Denton, State of Texas, to-wit: A Portion of Tract E-424 A tract of land situated in the County of Denton, State of Texas, being part of the Wm. M. Pea Survey (A-1044) and the John King Survey (A-718), and being part of a 161 acre tract of land acquired by the United States of America from Joe A. Reeves and wife, Ruth Gossett Reeves, by deed dated 13 August 1953, and recorded in Volume 390 at Page 493 of the Deed Records of Denton County, Texas, said 161 acre tract being designated as Tract No. E-424 for Garza-Little Elm Reservoir., Texas, and being more particularly described as follows; From the northwest corner of said Wm. M. Pea Survey, south 60°40 1 east, 540 feet to the point of beginning, said point being the most northerly northwest corner of said Tract E-424; Thence south 81°25 1 east, 917.8 feet to a point; Thence south 66°25 1 east, 530.3 feet to a point; Thence south 80°13 1 east, 138.5 feet to a point; Thence south 23°11 1 east, 478.1 feet to a point; Thence south 79°59 1 east, 190.1 feet to a point; Thence south 11°17 1 east, 604.8 feet to a point; Thence north 43°45 1 east, 140 feet to a point in the east boundary line of said Tract E-424; Thence along the common line between said Tract E-424 and the tract of land acquired by the United States of America from J. C. Olsen and designated as Tract No. E-429-1, south 00°50 1 west, 265.8 feet to a point;· Thence severing said Tract E-424 as follows: south 86°50 1 west, 139.0 feet t,o a 1 11 .:±rm pin; north 51°24 1 west, 100.3 feet to a 11 iron pin; north 22°23 1 west, 445.0 feet to a 1 11 iron pin; north 28°05 1 west, 342.0 feet to a 1 11 _._iron pin; north 34°22 1 west, 278. 7 feet to a 1 11 iron pin; north 55°45 1 west, 323.0 · feet to a 1 11 iron pin; south 83°57 1 west, 294.6 feet to a 1 11 iron pin; south 41°00 1 east, 422.4 feet to a 1 11 iron pin; south 20°44 1 east, 268.0 feet to a 1 11 iron pin; south 13°48' west, 160.8 feet to a 1 11 iron pin; south 73°49 1 west, 347.4 feet to a 1 11 iron pin; south 25°01 1 east, 426.5 feet to a 1 11 iron pin; south 18°06 1 east, 534.6 feet to a 1 11 iron pin; south 38~33 1

west, 514.3 feet to a 1 11 iron pin; north 62°38 1 west, 557.4 feet to a 1 11 iron pin; south 88°23 1 west, 114.6 feet to a 1 11 iron pin; south 04°07 1 west, 90.0 feet to a 1 11 iron pin; south 71°271 east, 130.6 feet to a 1 11 iron pin; south 29°22 1 east, 349.8 feet to a 1 11 iron pin; south 30°29 1 east, -.393.6 feet to a l" iron pin; south 26°17 1 west, 300.8 feet to a 1 11 iron pin; south 32°53 1 east, 93.0 feet to a 1 11 iron pin; north 32°38 1 ·: east, 182.5 feet to a 1 11 iron pin; north 53°49 1• east, 331.5 feet to al" iron pin; north 80°35 1 east, 653.3 feet to a 1 11 iron pin; south 82°051 east, 226.5 i'eet to a 1 11 iron.pin; north 22°21 1 west, 163.3 feet to a 1 1' iron pin; north 53°57 1 east, 432.6 feet to a 1 11 iron pin; south 24°05 1 east, 275.4 feet to a 1 11 iron pin; south 80°03 1 east, 212.0 feet to a 1 11 iron pin; south 13°19 1 east, 182.8 feet to a 1 11 iron pin; south 13°41 1 west, 209.0 feet to a 1 11 iron pin; south 85°04 1 west, 217.4 feet to al" iron pin; south 04°49 1 east, 158.0 feet to a 1 11 iron pin; south 51°20 1 west, 149.4 feet to a 1 11 iron pin; south 21°51 r ·east, 243. 6 feet to a 1 11 iron pin; south 04°301 west, 369.0 feet to a 1 11 iron pin; north 38°29 1 west, 492.3 feet to a 1 11 iron pin; south 19°03 1 west, 281.8 feet to a 1 11 iron pin; south 52°55 1 'west, 368.0 feet to a 1 11 iron pin; south 54°15 1 east, 330.0 feet to a 1 11 'iron pin;.

I ' DR VOL 00463 PAGE 445 " VOL 463 PAGt445 south.18°28 1 west, 198.0 feet to a 1 11 iron pin; south 80°431 west, 'J.60.0 feet to a i 11 iron pin; north 59°221 west, .326.8 feet to a 1 11 iron pin; south 15°41 1 east, 425.2 feet to a 1 11 iron pin; south 60°37 1. west, 166.6 feet to a 1 11 iron pin; north 80°08' east, 180.0 feet to a 1 11 iron pin; south 43°40 1 east, 1.3-1.0 feet to a 1 11 iron pin; south 25°00 1 east, 100 feet to a point in the co~on line between said Tract E-424 and the tract-of land acquired by the United States of .America from T. H. Purnell and designated as Tract No. E-415-3; Thence departing from said severance line, along said common line, west, 255.0 feet to the northwest corner of said Tract E-415-3; Thence along the common line betweeµ said Tract E-424 and the T. H. Purnell property, south 82°00 1 west, 120 feet to a point; Thence north 21°36 1 west, 157.6 feet to a point; Thence north 65°32' east, 469.9 feet to a point; Thence north 43°11 1 west, 529 .. 1 feet to a point; Thence north 81°57 1 east, 488.4 feet to a point; Thence north 39°07 1 east, 1508.1 feet to a point; The~ce south 78°41 1 west, 482.4 feet to a point; Thence south 60°40 1 west, 388.9 feet to a point; Thence south 42°01 1 west, 504.6 feet_to a point; Thence north 26°47 1 west, 422.2 feet to a point; Thence south 53°06 1 west, 977.5 feet to a point; Thence south 06°53 1 west, 396.2 feet to a point; Thence north 46°44 1 west, 237.3 feet to a point; Thence north 21°11 1 east, 1081.8 feet to a point; Thence north .35~52 1 east, 492.7 feet to a point; Thence north 68°49 1 west, 682.1 feet to a point; Thence north .30°10 1 east, 623.1 feet to a point; Thence south 57°41 1 east, 848.4 feet to a point; Thence north 06°20 1 east, 619.4 feet to a point; Thence north 51°25 1 west, 592.3 feet to a point; Thence north 53°40 1 east, 628.5 feet to a point; Thence north 50°35 1 west, 1346.1 feet to the point of beginning, containing 108.25 acres, more or less.

Subject to the following: · (l)· There shall be reserved to-the Government the perpetual right and easement to occasionally overflow, flood, and submerge the herein described lands below an elevation of 537 feet, mean sea level, there being 59.70 acres, more or less, lying below said elevation. (2) In connection with the above reserved easement, no structure for human habitation shall be constructed or maintained on the herein described lands below an elevation of 5.37 feet, mean sea level. . (J) With respect to said land and in connection with.the above reserved rights and easements, the written consent of the representative of the United States in charge shall be obtained for the type and location of any structure and/or appurtenances thereto now existing or to be erected or constructed · below an elevation of 537 feet, mean sea level. (4) ·There shall be reserved to the.Government the perpetual right to maintain mosquito control and to enter upon the said land for this purpose below an elevation of 537 feet, _mean sea level. (5) Existing easements for public roads, highways, public utilities and pipelines.

TO HAVE .AND TO HOLD the foregoing described premises, together with all and singular the rights, privileges and appurtenances thereto in anywise belonging, unto the party of the second part, their heirs, representatives · . and assigns forever, subject, however, to the restrictions, reservations and conditions hereinbefore set out and any existing encumbrances.

IN WITNESS WHEREOF the party of the first part has caused these WilberV. Bruck&r presents to be executed in its name by ~

Sec.r£>1!R.i:>v ~:[ the Army this.2o~~y of' 19~b. ( ' UNITED STATES OF .AMERICA

. -~uR&~.e~ Wilber M. Brucker . .

Secretary of the .Army . - B'l'A'l'E Oli~ ViRGINIA ) ) SS COUNTY OF .ARLINGTON ) BEFORE ME, a Notary Public in and fo~ the State of Virginia, CountY. of :~

.Arl~ngton, persbnally appeared ~~:)u~ , to me . and officer whose name is subscribed:ter the known . to be . the identical person . . foregoing instrumen~ .. and acknowledged to me.that he executed the said instrument for the purpose and consideration.iherein . . expressed and in th; DR VOL 00463 PAGE 446

i- VOL capacity therein stated and as the act and deed of the United States of .America.

GIVEN UNDER MY HAND AND SEAL "OF OFFICE this _ _-.,,c.)..:::d;...;:~~.;__-- day of ~.J/4- 19£!.

NOT.ARY PUBLIC IN AND FOR COUNTY OF .ARLINGTON, STATE OF VIRGINIA

State of Virginia M.yC~mmissi~n EXi)ires J.7 -Sept .. lQG~. _

FILED FOR RECORD: 19' day of~:~ A•D.1961 atL(j :/O o'clock RECORDED: By: p?S-day of:/, ~ -(?~ ~'A.J. Barnett,Clerk County ---..:. • .M.

A.D .1961 at7".· t> o o'clock C1 M ~~~--~=::::='.:::::::::::::::::::'.:'.'.".::::::::::::::::=·=:::::::::::=D~e~put "= Court, Denton Coun!y. Texas

Exhibit 17

10-A

Denton County Commissioners Court __J~_n_26, 2()10__ Date \Q rC045 Court Order Number The Order:

Mary Horn Abstain No Absent Commissioner Pct No 1 Yes 'ji_ Commissioner Pct No 2 Yes )( Hugh Coleman Abstain Ron Marchant Abstain No No Absent Absent c_oJJJmlssioner Pct No. 3 Yes 'h_ Cgmo:dssJQ11er_PclN_o .4 Yes ~ Bobbie J_ Mitchell Abstain Andy Eads Abstain No No Absent Absent Motion Carried 5 -Q - 0 Other Action: Pulled from Consent No Action __ Postponed __

BY ORDER OF THE COMMISSIONERS COURT: ATTEST:

Assistant District Attorney

/' .- ') ~ ., Oerilun County_-.· -', , _, p. 165 or 220

----------------~-----'----·---· 201 RESOLUTION APPLYJNG SUBCHAPTER F. CHAPTER 233, TEXAS LOCAL GOVERNMENT CODE, TO CERTAIN RESIDENTIAL CONSTRUCTION IN UNINCORPORATED AREAS OF DENTON COUNTY - BEGUN AFTER FEBRUARY I, 2010 WHEREAS, the Texas Legislature passed HB 2833 during the 81" Regular Session, codified in Sections 233.151through233.157 of the Texas Local Government Code, to provide for the health, safety and general welfare of all Texans through home construction standards in the unincorporated areas of counties, and WHEREAS, the citizens of Denton County desire the construction of quality housing and wholesome living environments for its citizens living in unincorporated areas.

NOW, THEREFORE, BE IT RESOLVED, that we, the Commissioners Court of Denton County, in accordance with Section 233.153, Texas Local Government Code, order that construction of a new single-family house or duplex on a vacant lot begun after February !, 2010, in the unincorporated areas of Denton County must conform to either the version of the International Residential Code published as of May 1, 2008 or the version of the International Residential Code that is applicable in the City of Denton, Texas; and FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233.153, Texas Local Government Code, any construction of an addition to an existing single-family house or duplex, if the addition will increase the square footage or value of the existing residential building by more than 50 percent, begun after February I, 2010, in the unincorporated areas of Denton County must conform to either the version of the International Residential Code published as of May. 1, 2008 or the version of the International Residential Code that is applicable in the City of Denton, Texas; and FURTHERMORE, BE IT RESOLVED, that notwithstanding the above language and in accordance with Section 233. 153(c), if the above described construction occurs in the extraterritorial jurisdiction of a municipality that has adopted a building code for the municipality's extraterritorial jurisdiction, the building code adopted by the municipality controls and building code standards under Subcbapter F of Section 233.153 of the Texas Local Government Code have no effect in that municipality's extraterritorial jurisdiction.

FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233.154(a), Texas Local Government Code, a minimum of three inspections must be performed to ensure substantial building code compliance in the construction of a new single-family house or duplex or the construction of an addition to an existing single-family house or duplex begun after February l, 2010, in the unincorporated areas of Denton County. The three required inspections during the construction project, as applicable must be performed at (l) the foundation stage, before the placement of concrete; (2) lhe framing and mechanical systems stage, before covering with drywall or other interior wall covering; and (3) completion of construction of the residence.

For remodeling construction to an existing residence in which the structure's square footage or value will increase by more than 50 percent, the iµspection requirements must be performed as ,'.,'·;!.'

Resolution -Certain Residential Construction in Unincorporai~ Areas of Denton County· Chapter 233 Tex. L-OC. Gov't Code ·Page I of3

__________________....... ~::~_',..~·~ . ------------------ 202 -· -·,--~~--·---------------------~

necessary based on the scope of work of the construction project. The builder is responsible for contracting to perfollll the required inspections with (I) licensed engineer; (2) a registered architect; (3) a professional inspector licensed by the Texas Real Estate Commission; (4) a plumbing inspector employed by a municipality and licensed by the Texas State Board of Plumbing Inspectors; (5) a building inspector employed by a political subdivision; or (6) an individual certified as a residential combination inspector by the International Code Council. A builder may use the same inspector for all the required inspections or a different inspector for each required inspection; and FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233.154(b), Texas Local Government Code, a builder perfolllling construction of a new single-family house or duplex or the construction of an addition to an existing single-family house or duplex begun after February I, 2010, in the unincorporated areas of Denton County must, prior to beginning the construction project, provide notice to the Director of Public Works/Engineering. The Denton County Commissioners Court prescribes the Notice of Residential Construction in Unincorporated Areas attached to this Resolution as the required Notice. The notice must include (I) the location of the new residential construction; (2) the approximate date by which the new residential construction will be commenced; and (3) the version of the International Residential Code that will be used by the builder to construct the new residential construction, and FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233.!54(c), Texas Local Government Code, not later than the I 0th day after the date of a final inspection, a builder perfolllling construction of a new single-family house or duplex of the construction of an addition to an existing single-family house or duplex begun after February I, 2010, in the unincorporated areas of Denton County must submit notice to (I) the Director of Public Works/Engineering and (2) the person for whom the new residential construction is being built, if different from the builder, stating whether or not the inspection showed compliance with the building code standards applicable to that phase of construction. The Denton County Commissioners Court prescribes the Notice of Residential Construction Inspection Compliance in Unincorporated Areas attached to this Resolution as the required Notice.

HUGH COLEMAN, COMMISSIONER PRECINCT I Resolution-Certain Residential Construction in Unincorporated Areas of Denton County· Chapter 233 Te.. Loo. Cl<>v't Code - Page2of3

---~ ... --....,.,--------------------- OMMISSIONER

AITEST:

Resolution-Certain Residential Construction in Unincorporated Areas of Denton County- Chapter 233 Tex. Loe. Gov't Code • Page3 of3

---·-···············--------------------------- DENTON COUNTY NOTICE OF RESIDENTIAL CONSTRUCTION IN UNINCORPORATED AREA

BUILDER/ CONTRACTOR INFORMATION

BUSINESS ADDRESS: MAILING ADDRESS (IF DIFFEREITT):

PHONE NUMBER: FAXNUMBER: _ _ _ _ _ _ _ _ _ _ CONTACTPERSON: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

PROJECI !NFORMAJION TYPE OF CONSTRUCTION: (CHECK ONE) C ] New Residential Consfruction on Vacant Lot [ J Addition to an Existing Residential Unit LOCATION ADDRESS (INCLUDINO ZIP CODE}: OR LOT AND BLOCK# _ _ _ _ _ _ _ _ _ __ SUBDIVISION: _ _ _~--------- SURVEY: - - - - - - - - - - - - - - TRACT: - - - - - - - - - - - - - - PLANNED DATE TO BEGIN CONSTRUCTION: - - - - - - - - - - - - - - - - - - - - - - -

RESIDENTIAL CODE TO BE USED IN CONSTRUCTION: (CHECK ONE} [ JINTERNATIONAL RESIDENTIAL CODE ·published May I, 2008 [ ] INTERNATIONAL RESIDENTIAL CODE- applicable lo Denton

AUfHORIZBD REPRESENTATIVE SIGNATURB PRINTED NAME DATE

DENTON COUNTY NOTICE OF RESIDENTIAL CONSTRUCTION INSPECTION COMPLIANCE Received IN UNINCORPORATED AREA Permit#

!NSPECTQR INFORMATION

BUSINESS ADDRESS: MAILING ADDRESS (IF DIFFERBNn

PHONBNUMBER: - - - - - - - - EMAJLADDRESS: - - - - - - - - - - - - - - - - FAX NUMBER: ----~---- PROPESSJONALltEOJSTRATION (TYPEAND#j _ _ _ _ _ _ _ __

PBOJECT INFORMATION DATEOFINSPECTION: - - - - - TYPEOFCONSTBUCTION: (CHECK ONE) LOCATION [ ] New Residential Construction on Vacant Lot ADDRESS: - - - - - - - - - [ ] Addition to an Existing Residential Unlt

RESIDEIIT!AL CODEUSED JN CONSTRUCfION: (CHECK ONE) [ ] INTERNATIONAL RESIDENTIAL CODE-published May I, 2008 OR LOT AND BLOCK# - - - - [ ] INTERNATIONAL RESIDENTIAL CODE- applicable in Denton SUBDMSION: - - - - - - - - CONSTRUCTION PHASE: (CHECK ONE) SURVEY: _ _ _ _ _ _ _ _ __ [ ] FOUNDATION STAGE (before placement of concrete) [ ] FRAMING AND MECHANICAL SYSTEMS STATE (before covering TRACf: _ _ _ _ _ _ _ _ _ ~ with dcywall or othor interior wall covering) [ ) COMPLETION INSPECTION CONCLUSION At the indicated stage ofconstruction, theproJectindicate.d above is: (check one) [ ] IN COMPLIANCE [ ] NOT IN COMPLIANCE with the residential code used in construction.

COMMENTS:

SIONATIJRE OF INSPECTOR PRINTED NAME DATE

·---- ·~--~,~·' ___... ___________________________ .., ~.~----·

10-A

AGENDA PLACEMENT MEMO DATE: Jan 22, 2010 · TO: Commissioners Court FROM: Bennett Howell SUBJECT: Resolution - Residential Construction in Unincorporated Areas of Denton County

REQUESTED ACTION/RECOMMENDAI!QN Approval of a resolution applying Subchapter F, Chapter 233, Texas Local Government Code, to certain residential construction in unincorporated areas of Denton County - begun after February 1, 2010, and any appropriate action.

The Texas State Legislature enacted HB 1038 during the 80th Regular Session, effective September 1, 2007, that provided criteria for the inspection of homes which heretofore were not subject to the inspection codes of a municipality. The requirements of this bill was supposed to result in homes that were in greater compliance with the accepted residential building standards, safer and with fewer construction defects.

The Legislature also created the Texas Residential Construction Commission (TRCC) to oversee this new law. The TRCC was also supposed to license builders, monitor compliance and store the Inspection records.

The Legislature during the 81st Regular Session passed HB 2833 which essentially eliminated the TRCC and placed the responsibility on the county government to ensure residential home builders were complying with HB 1038. However, HB 2833 did provide counties with the authority to enact building codes, inspect the structures or require the builders to provide inspection documentation, it specially stated that counties cannot charge a fee for this service.

This proposed Resolution provides that the County will be the depository for the home inspection documentation for homes constructed after February 1, 2010. Home builders will be required to notify the County when construction is going to begin and submit documentation that the inspections were made in accordance with HB 2833.

OPERATIONS AND M,<\!NTENANC:E.

Denton County Planning Depart111ent will provide the forms to the builders and file the inspection records as part of the curr!)nt Development Permit Application. This Resolution will not place any further burdens on the builders since these inspections Jan 22, 2010 8:20 AM Denion County p. 166of 220

--------------·--~-·---->~-·~---+,'-'---~·---·----------------- ---- .............. -

were supposed to be occurring prior to 2007.

l.E~[>._LJNEORMATION The Legal Department has worked closely with the Public Works Department on this Resolution.

E!/llANclAl..JMl'AcT This Resolution will not have any financial impact on the County or the home builder.

The Resolution has an effective date of February 1, 2010.

PRECEDJN~_CQIJRT ACI1QN None

Jan 22, 2010 8:20 AM Denloh Counfy" p. 167 or 220

10-A

Denton County Commissioners Court Request For Agenda Placement Submitted By: Bennett Holvell Requested Agenda Date: Jan 26, 2010 Department: Pu bile Works/Engineering Grouping: PUBLIC WORKS

Specific Agenda Wording: Approval of a resolution applying Subchaptcr F, Chapter 233, Texas Local Government Code, to certain residential construction In unincorporated areas of Denton County begun after February 1, 2010, and e

any appropriate action.

APPROVAL FLOW - A - Resolution - Residential Construction in Unincorporated Areas of Denton County

.

Jan 22, 2010 8:20 AM Den.tori ~Ouilt~·- p. 164 or 220

-·~~----·~'"'-· ~~j~~~.:...· ....~·>' .1l' ---~ 209 Cl~H fl FIED COPY CERTIFJC/\TE STATE OF TEX/\S, COUNTY OF DENTON I, CYNTHIA MITCHELL, County Cleric o f Donlon County, ·1exas clo hereby certify that this Is a true & correct cor y as same appears of re ord In my olfice.

Wilnr.ss my hn of office on Cynthia Mitchell Denton County Clerkt j By Deputy \~ I \ Exhibit 18

STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) l hereby certify, in the performance of the function s o f my office, that the attached instruments are full , true and correct cop ies of Denton County Noti ce lo Home Builders and Home Buyers. The same appear of record in my office and said docume nts are the o ffici al records from the publ ic office of the Public Works Department of Denton County, Texas, and arc kept in said o ffice.

[ fu11her certify that I am the Director of Public Works for Dento n County, Texas, that I have lega l custody of sa id records, and that I am a lawful possessor and keeper of the records in sa id office.

ln w itness whereof I have here unto set my hand this I st day of Apri l, 20 14.

Bennett C. Howel l TIT, P E, C F Denton County State o f T exas

{ Denton Count~ Ucparhncnt of Public Works ~ - . ..... Enginccrin~ Division . / 1505 East McKinney Street, Suite 175 - Denton, Texas 76209 ... . ~ ~ 9.. 0.349.3250 phone - 940.3-49.299 l fax \VWW .dcntoncounty .com ..'8 -tl> . ... ~-

NOTICE Ho1ne Builders and Home Buyers On Januar) 26. 20 I 0. Denton Count) Commissioners Court apprm c<l a resol ution that applies to ci..:nain resich.:ntial construction in the unincorporatc<l an:ns or Denton County.

Th is resolution applies to you if: • Ynu arc building ~1 homi..: 111 the unincorporated an;as ul· l kntLm Cuu nt) after Februar) I. ::w I 0: or • You arc remodeling ;m l..''\isting hornl..' in thi..: unincmporate<l areas or Denton Count~ after Fcbruar) I. 20 I 0 and the addition increases the square footage or val ue of the existing home h} mnn.' than 50%. • This appl ies if you arc constructing a singk -lamily house or <lupkx.

The OC\ \ home construction and rcmolkl must conform to either: • Internationa l Residential Code published as or May I. 2008: or • rhc version llf' the l nlernational Residential l'odt.: that i!' appl icable in the City of' Dt.:nt0n. The State l<m rcquin.:s the builder to use l'itht.:r the l ntcrnmional Rc:sidential Code publi shed as ul' Ma~ I. ~008 or tht.: International Residential Code adopted hy the County Seat. ''hich in Denton County i:- the Ci ty ul' Denton.

Building in the Extra Territorial .Jurisdiction (ET.J):

What arc the huildcr's rcsponsihilitics'?

• rhree required inspections during the t:OllSlruction project.

I he foundation stage bel'on: the placement or concrete: o The fra111i11g and mechanical syslt.:lll!-1 stage bd(>r\: t.:uvering wi th drywall or other interior vvall covering: an<l c ur omplct i 011 0 r c:onstruct j (ll1 lhc n:s i<lcne~ .

f

o For remodeling prujccb Lhat med the definition of this resolution, the number or inspecti ons arc ba!->l.!0 0 11 the scope or work or the projt:ct Who performs these inspections'?

• Licensed Engineer: • Registered Architect: • Profess ional lnspl'Ctor liccn::.ed b) the Texas Real Estate Comm issio n: • Plumbing Inspector employed by a municipulity and licensed by Lhe Texa<; State 11oard or Plumbers: • Building Inspector employed b~ a po litical subdi vision: nr • Individua l certi licd a<> a residential combination inspcCtl)r hy the Internal Code Counci l. • The builder rnuy use the s;,.1111e inspector ror all th\.! n.:quired inspec tio ns or a different inspector for each required inspection.

Who receives the documentation~>

• lh.: builder shall provide the inspection informati on to the home buyer and Denton Coumy Public Works. • The rcquireJ fbrm s me attacht.:d to this Notice.

o The builder uses tht: lirst form Lo nntil) the County spcc ilieall~·: • Location of the new residential co nstruction • /\pproximutc Jatc b~ \\hich lhi.! construction ''il l he commenced • The \'crsion or the International Res identia l Code used to construct the hl)J1le o The bui lder uses the second form lo tloc wnent the inspections.

RESOLUTION APPL YING SUBCHAPTER F. CHAPTER 233, TEXAS LOCAL GOVERNMENT CODE, TO CERTAIN RESIDENTIAL CONSTRUCTION IN UNINCORPORATED AREAS OF DENTON COUNTY - BEGUN AFTER FEBRUARY 1, 2010 WHEREAS, lhe Texas Legislature passed HB 2833 during the 81sl Regular Session, codified in Sections 233. 15 1 through 233.157 of the Texas Local Government Code, to provide for the health, safety and general welfare of all Texans through home construction standards in the unincorporated areas of counties, and WHEREAS, the citizens· of Denton County desire the construction of quality housing and wholesome living environments for its citizens living in unincorporated areas.

NOW, THEREFORE, BE IT RESOLVED, that we, the Commissioners Court of Denton County, in accordance with Section 233. J 53, Texas Local Government Code, order that construction of a new single-family house or duplex on a vacant lot begun after February I, I 0, in the unincorporated areas of Denton County must conform to either the version of the lnlemational Residential Code published as of May 1, 2008 or the version of the International Residential Code that is applicable in the City of Denton, Texas; and FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233.153, Texas Local Government Code, any construction of an addition to an existing single-family house or duplex, if the addition will increase the square footage or value of the existing residential building by more than 50 percent, begun aft.er February I , 2010, in the unincorporated areas of Denton County must conform to either the version of the International Residential Code published as of May . 1, 2008 or the version of the Lntemational Residential Code that is applicable in the City of Denton, Texas; and FURTHERMORE, BE IT RESOLVED, that notwithstanding the above language and in accordance with Section 233. 153(c), if the above described construction occurs in the extraterritorial jurisdiction o f a municipality that has adopted a building code for the municipal ity's extraterritorial jurisdiction, the building code adopted by the municipality controls and building code standards under Subchaptcr F of Section 233 .153 of the Texas Local Govenunent Code have no effect in that municipality's extratenitorial jurisdiction.

FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233.154(a), Texas Local Government Code, a minimum of three inspections must be performed to ensure substantial building code compliance in the construction of a new single-family house of duplex or the construction of an addition to an existing single-family house or duplex begun after February I, 20 I 0, in the unincorporated areas of Denton County. The three required inspections during th e constructi on project, as applicable must be performed at (I) the foundation stage, before the placement of concrete; (2) the framing and mechanical systems stage, before covering with drywall or other interior wall covering; and (3) completion of construction of the residence.

For remodeling construction to an existing residence in which the structure's square footage or value will increase by more tJ1an 50 percent. the inspection requirements must be perform~d as Resolution - Certa in R~iden tial Constniction in Unincorporated An.'llS of Denton County · Chapa..,. 233 Te.\. Loe. Gov·t Code · Page l of 3

necessary based on the scope of work of the construction project. The builder is responsible for contracting to perform the required inspections with (I) licensed engineer; (2) a registered architect; (3) a professional inspector licensed by the Texas Real Estate Commission; (4) a plumbing inspector employed by a municipality and licensed by the Texas State Board of Plumbing Inspectors; (5) a building inspector employed by a political subdivision; or (6) an individual ce1tified as a residential combination insp~tor by the International Code Council. A builder may use the same inspector for all the required inspections or a different inspector for each required inspection; and FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233. I 54(b), Texas Local Government Code,~ builder perfonning construction of a new single-family house or duplex or the construction of an addition to an existing single-fami ly house or duplex begun after February I , 20 10, in the unincorporated areas of Denton County must, prior lo beginning the construction project, provide notice to the Director of Public Works/Engineering. The Denton County Commissioners Court prescribes the Notice of Residential Construction in Unincorporated Areas attached to this Resolution as the required Notice. The notice must include (1) the location of the new residential construction; (2) the approximate date by which the new residential construction will be commenced; and (3) the version of the International Residential Code that will be used by the builder to construct the new residential construction, and FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233 . 154(c), Texas Local Government Code, not later than the I 0 day after th e date of a final inspection, a builder performing construction of a new single- fami ly house or duplex of the construction of an addition to an existing single-family house or duplex begun after February 1, 2010, in the unincorporated areas of Denton County must submit notice to (1) the Director of Public Works/Engineering and (2) the person for whom the new residentiaJ construction is being bui lt, if different from the builder, s tating whether or not the inspection showed compliance with the building code standards applicable to that phase of construction. The Denton County Commissioners Court prescribes the Notice of Residential Construction Inspection Comp liance in Unincorporated Areas a ttached lo this Resolution as the required Notice.

IN WITNESS THEREOF, we have hereunto set our hands and caused the great seal of DcntonCountytobeaffixedthis ,-XL dayof J.,,,,, ,_, ,2010.

ADOPTED fN OPEN COURT the _j!::._ day of January, 2010 upon Motion made by )Ji/itc I;/~;/ //i and seconded by 4',, /, cr-1->~ , and J members of the court being [ 'and voti0 /1 ,

MARY HOn..-•~'-J

H GH COLEMAN. COMMISSIONER PRECINCT I Rc:solution - Ct:nain Residential Construction in Unincol'J'Or.itcd Areas of Denton County - Chapter 233 Tt:x. Loe. Gov't Code · Pugc 2 of 3

MMISSJONER

AITEST: CYNTH IA MITCHELL, County Clerk and Ex-Officio Clerk oft mmissioners Court of Denton ~oµ1'1..9' , ("_ - ....... - ~r....'• '\ ·....

Rcsoluoon - Certain Residential Construction in Unincorporated Are~ ofDcnion County· Chapter 233 Tex . Loe Gov't Code ·Page 3 of3

DENTON COUNTY Received NOTICE OF RESIDENTIAL CONSTRUCTION IN UNINCORPORATED AREA Permit #

BUILDER I CONTSACTOR INFORMATION

BUSINESS ADDRESS: MAILING ADDRESS (IF DIFFERENT):

PHONE NUMBER: FAX NUMBER: _ _ _ __ _ _ __ _ CONTACT PERSON: _ _ _ _ _ _ __ _ __ __ __ _ __

PROJECT JNFORMA TJON lYPE OF CONSTRUCTION: (CHECK ONE) [ ] New Residential Construction on Vacant Lot [ ) Addition to an Existing Residential Unit LOCATION ADDRESS (INCLUDING ZIP CODE): OR LOTANDBLOCK# _ _ _ _ _ __ _ __ __ SUBDIVISION: _ _ __ _ _ _ _ _ _ _ __ SURVEY: -------------~ TRACT: - - - - -- - - - - - -- -- PLANNED DATE TO BEGIN CONS'ffiUCTION :

RESIDENTIAL CODE TO BE USED IN CONSTRUCTION: (Cl:fECK ONE) ( J!NTERNATl ONAL RESIDENTIAL CODE -published Moy I, 2008 [ ] INTERNATIONAL RESIDENTIAL CODE - applicable in Denton

AtrrHORJZED REPRESENTATJVE SIGNATURE PRINTED NAME DATE

DENTON COUNTY NOTICE OF RESIDENTIAL CONSTRUCTION INSPECTION COMPLIANCE Received IN UNINCORPORATED AREA Permit#

INSPECTOR INFQRMATIQN

BUSINESS ADDRESS: MAILING ADDRESS (IF DlfFERENT):

FAX NUMBER: ----------PROFESSIONAL REGISTRATION (TYPE AND#) _ _ _ _ _ _ _ _ __

PROJECT JNFQRMATION DATE OF INSPECTION: - - - - - TYPEOFCONSTRUCTION: (CHECK ONE) LOCATION [ JNew Residential Construction on Vacant Lot ADDRESS: - - - -- - - -- [ ) Addition to an Existing Residential Unit

RESIDENTlAL CODEUSED IN CONSTRUCTION: (CHECK ONE) [ ) INTERNATIONAL RESIDENTIAL CODE- published May 1, 2008 OR LOT AND BLOCK# _ _ __ ( ) INTERNATIONAL RESIDENTIAL CODE - applicable in Denton SUBDIVISION:-- - - - - - - CONSTRUCTION PHASE: (CHECK ONE) SURVEY: _ _ _ _ __ _ __ _ [ ) FOUNDATION STAGE (before placement of concrete) [ ) FRAMING AND MECHANICAL SYSTEMS STATE (before covering TRACT: with drywall or other interior wall covering) - - - - - -- - -- [ ) COMPLETION INSPECTION CONCLUSION At the indicated stage of construction, the project indicated 11bove is: (check one) ( J lN COMPLIANCE [ ) NOT IN COMPLIANCE with the residential code used in construction.

COMMENTS:

SIGNATURE OF INSPECTOR PRINTED NAME DATE

Exhibit 19

STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instrnments are full, trne and correct copies of the Town of Lakewood Village Ordinance 08-06. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office.

I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that 1 am a lawful possessor and keeper of the records in said office.

In witness whereof I have hereunto sel my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014.

TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE NO. 08·06 AN ORDINANCE OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS, REGULATING SUBDIVISIONS AND OTHER PROPERTY DEVELOPMENTS, PROVIDING FOR PRELIMINARY PLATS, FINAL PLATS, MINOR PLATS, VACATION OF PLATS, REPLATS AND AMENDMENT OF PLATS; PROVIDING FOR DEVELOPMENT PROCESS; PROVIDING FOR STANDARDS AND REQUIREMENTS; PROVIDING FOR STREETS AND DRAINAGE, WATER AND SEWER INFRASTRUCTURE; PROVIDING SEVERABILITY CLAUSE; PROVIDING SAVINGS CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A REPEALER; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Town Council ("Town Council") desires to review for approval or disapproval plan, plats, and replats filed with the Town as authorized by Chapter 212, Tex. Loe.

Gov. Code (Vernon), as amended; and WHEREAS, the Town Council finds that there is a public necessity requiring adoption of this Ordinance, said public necessity being the need to establish rules and regulations for subdivisions and property development; and WHEREAS, the Town Council is authorized and empowered to or require the developer to (i) design, install or improve streets, roads, water and a sanitary sewer systems within the Town by constructing, extending, or enlarging such system, and is further authorized to adopt any rules and regulations appropriate to the exercise of such powers, and to (ii) protect the public health, welfare and safety of the citizens of the Town; and WHEREAS, the Town Council hereby finds that the adoption of this Ordinance is in the best interests of the health, safety and welfare of the citizens of the Town.

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS :

ARTICLE I. IN GENERAL Sec. 1. Short title.

The following regulations are hereby adopted and shall be known and may be cited as "Town of Lakewood Village Subdivision and Property Development Regulations."

Sec. 2. Definitions.

The following words, terms, and phrases, when used in this chapter, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning.

Words not specifically defined shall have the meanings given in Webster's Ninth New Collegiate Dictionary, as revised.

Accessory structure or building shall mean a subordinate structure or building customarily incident to and located on the same lot occupied by the main structure or building.

Applicant shall mean the owner(s) of the property to be developed.

Bond shall mean any form of security, including a cash deposit, surety bond, or instrument of credit in an amount and form approved by the Town.

Building shall mean any structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattel or property of any kind.

Town means Town of Lakewood Village.

Town Council means Town Council of the Town of Lakewood Village.

Town standards shall mean those standards and specifications, together with all tables, charts, graphs, drawings and other attachments hereinafter approved and adopted by the Town Council, which may be amended from time to time, and are administered by the Town staff for the construction and installation of streets, sidewalks, drainage facilities, water and sanitary sewer mains and any other public facilities. All such facilities which are to become the property of the Town upon completion must be constructed in conformance with these standards.

Construction plans shall mean the maps, drawings and technical specifications, including bid documents and contract conditions, where applicable, which provide a graphic and written description of the character and scope of the work to be performed prepared for approval by the Town for construction.

Cross drainage shall mean a defined waterway course, approximately perpendicular to the proposed roadway, which requires the construction of a bridge, pipes or box culvert, or other structure to conduct drainage under the roadway.

Developer shall mean any person, corporation, governmental or other legal entity engaged in the development of property by improving a tract or parcel of land for any use. The term "developer" is intended to include the term "subdivider." Development shall mean the construction of one (1) or more new buildings or structures, or the structural alteration, relocation or enlargement of one (1) or more new buildings or structures of an existing building or structure on one (l) or more building lots or sites, or the installation of site improvements.

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Easement shall mean a grant by a property owner to the public, a corporation, or persons for a general or specific use of a defined strip or parcel of land, for such purpose as the installation, construction, maintenance and/or repair of utility lines, drainage ditches or channels, or other public services, the ownership or title to the land encompassed by the easement being retained by the owner of the property.

Engineer shall mean any person duly authorized under the Texas Engineering Practice Act (V.A.C.S. art. 3271a), as amended, to practice the profession of engineering.

Engineering plans shall mean the maps and drawings required for plat approval.

Lot shall mean an undivided tract or parcel of land having access to a street, which is designated as a separate and distinct tract or lot number or symbol on a duly approved plat filed of record. The terms "lot" and "tract" shall be used interchangeably.

Off-site shall mean any premises not located within the property to be developed, regardless of ownership.

Owner shall mean any persons, firm or corporation having legal title to the property.

Plat shall mean a map representing a tract of land showing the boundaries of individual properties and streets or a map, drawing, chart, or plan showing the layout of a proposed subdivision into lots, blocks, streets, parks, school sites, commercial or industrial sites, drainageways, easements, alleys, which an applicant submits for approval and a copy of which he intends to record with the County Clerk of Denton County.

Plat, final, shall mean the map or plan of a proposed development submitted for approval by the Town Council, where required, prepared in accordance with the provisions of this chapter and requested to be filed with the County Clerk of Denton County.

Plat, preliminary, shall mean the initial map or plan of a proposed development showing the general layout of streets, blocks and lots, utility systems, and drainage systems.

Right-of-way shall mean a strip of land acquired by dedication, prescription or condemnation and intended to be occupied by a road, sidewalk, railroad, electric transmission facility, water mains, sewer mains, storm drainage or other similar facility. Rights-of-way intended for streets, sidewalks, water mains, sewer mains, or any other use involving maintenance by a public agency shall be dedicated to the public use by the plat applicant either by easement or in fee simple title.

Streets and alleys shall mean a way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, alley, place or however otherwise designated. Town streets shall conform to the following classifications: (1) Arterial streets and highways are those which are used primarily for higher speed and higher volume traffic. Routes for such streets shall provide for cross-town circulation and through-town movements.

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(2) Collector streets are those which carry traffic from minor streets to the major system of arterial streets and highways, including the principal entrance, circulation streets of a residential development and streets for circulations within such a development of a residential subdivision.

(3) Minor streets are those, which are used primarily for access to abutting properties.

(4) Marginal access streets are minor streets located parallel to and adjacent to arterial streets and highways, providing access to abutting properties and protection from the traffic of the thoroughfares.

(5) Alleys are minor ways used primarily for access to abutting properties for vehicle service usually to the back or side of a property.

Structural alterations shall mean the installation or assembly of any new structural components, or any change to existing structural components, in a system, building or structure.

Structure shall mean anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground, including, but not limited to, buildings of all types and ground signs, but exclusive of customary fences or boundary or retaining walls.

Subdivision shall mean dividing a tract in two (2) or more parts for the purpose of creating lots, including an addition to the Town, to lay out suburban, building or other lots or to lay out streets, alleys, squares, parks, or other parts of the tract intended to be dedicated to the public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks or other parts. "Subdivision" refers to any division irrespective of whether the actual division is made by metes and bounds description in a deed of conveyance or a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method. A subdivision does not include a division of land into parts greater than five (5) acres, where each part has access and no public improvement is being dedicated.

Sec. 3. Purpose.

The purpose of this ordinance is to set forth the procedures and standards for development of property, layout and design of subdivisions or real property within the corporate limits of the Town which are intended to promote the health, safety and general welfare of the Town and the safe, orderly, and healthful development of the Town.

Sec. 4. Compliance required.

(a) Any owner of land who proposes the development of a lot or tract of land located within the corporate limits of the Town or the subdivision of a lot or tract located in the corporate limits of the Town shall have a plat of the lot or tract of land or subdivision prepared and approved in accordance with all Ordinances of the Town and recorded with the County Clerk of Denton County.

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(b) Notwithstanding paragraph (a) above, a plat shall not be required where the development of the lot or tract of land is for the sole purpose of performing alteration(s) or improvements to an existing single-family residence or the auxiliary uses thereto. All such alterations or improvements must be permitted in compliance with all applicable codes and ordinances of the Town (c) No Final Plat shall be approved within the Town of Lakewood Village or its extraterritorial jurisdiction until the applicant has made adequate provision for thoroughfares as shown on the Thoroughfare Plan (map) as approved by the Town. The Thoroughfare Plan is a guide for the roadway connections and types that will be needed in the future. Subject to Town Council, or designee approval, as long as the connection is made, whether or not it is close to the exact alignment shown on the Thoroughfare Plan, no Thoroughfare Plan amendment should be necessary. The design and construction of the proposed thoroughfare shall be in conformance with the Town's master plans for thoroughfares and with any adopted Development Standards for Construction (DSC), and shall be subject to approval by the Town Council, or designee. If a different roadway type is found to be adequate or if the connection is not proposed to be made, then the plat may not be approved unless the thoroughfare plan is amended. A Traffic Impact Analysis may be required prior to approval of the proposed amendment .

ARTICLE II. PLATS DIVISION 1. GENERALLY Sec. 5. Fees.

The applicant for approval of a preliminary plat, final plat, replat, amended plat, minor plat or modified final plat shall, upon submission of the plat application and all required documentation, pay a nonreturnable fee, as established by the Town Council, for the review and processing of the plat application. Upon approval of the final plat, replat, amended plat or final minor plat, the applicant shall pay an additional recording fee established by the county for recording the plat with the county clerk.

Preliminary, Replat and Final Plat Review Fees. A preliminary plat review fee and final plat review fee shall be paid to the Town upon the filing of the preliminary and final plat in accordance with the following schedule: (a) Plats that are platted by the acre: (1) $500 per plat plus $10.00 per acre when there are less than three (3) acres; or (2) $600 per plat plus $20.00 per acre when there are three (3) or more acres.

(b) For purposes of this section, the term "lot" shall mean any tract of land which is one (1) acre.

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Sec. 6. Process for approval.

(a) The plat shall be scheduled for consideration at the next regular meeting of the Town Council.

(b) If the plat is disapproved by the Town Council, the applicant may correct the items of concern and resubmit the plat for approval one (1) time within six (6) months by paying one-half (1/2) of the original fee. If the plat is disapproved a second time or if a second request is not received within six (6) months of the first disapproval, the applicant will be required to repeat the plat application process from the beginning and pay all standard application fees.

(c) An applicant may withdraw his plat application from consideration at any time during the application process by filing a written notice of withdrawal with the Town. Upon filing the notice to withdraw, the Town shall discontinue processing the plat application. The applicant must file a written request to proceed with further consideration of the plat within six (6) months of withdrawal and the Town shall continue the application process. If the request to proceed with further consideration of the plat is filed more than six (6) months after filing the notice of withdrawal, the applicant shall be required to repeat the plat application process from the beginning and pay the standard application fees.

Sec. 7. Requirements for approval of application by Town Council.

(a) Within thirty (30) days of the date that the application is deemed administratively complete, the Town Council shall approve a plat if it complies with the requirements of this chapter, the applicant is not in arrears in the payment of any debts owed the Town required by this chapter on a previous plat, it conforms to the general plan of the Town and its current and future streets, alleys, parks, playgrounds, and public utility facilities plans, and it conforms to the Town's general plan for the extension of roads, streets, and public highways, taking into account access to and extension of sewer and water mains and instrumentalities of public utilities.

(b) A plat is considered approved by the Town Council unless it is disapproved within such thirty-day period.

Sec. 8. Recordation.

(a) Preliminary plats are not recorded with the county clerk.

(b) Applicant shall record all plats with the county clerk upon the Town Council's approval of the plat and the applicant's submission of the required recording fee to the County.

(c) Applicant shall record all other plats with the county clerk upon the Town Council's approval of the plat and the applicant's submission of the required recording fee to the County.

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(d) A final plat shall become null and void six (6) months after its approval by the Town Council, unless the final plat is filed and recorded in Denton County Clerk Real Property Records.

(e) A general development plan shall become null and void six (6) months after its approval by the City Council, unless the general development plan is filed and recorded in Denton County Clerk Real Prope1ty Records .

Sec. 9. Approval of preliminary plats.

Approval of a preliminary plat shall be deemed to be an expression of approval to the layout submitted as a guide to the preparation of the final plat and shall not constitute approval of a final plat.

DIVISION 2. PRELIMINARY PLATS Sec. 10. Form, contents and required documentation.

(a) Preliminary plats shall be filed with the town secretary. The town secretary shall stamp the following notice on the face of each preliminary plat: "Preliminary plat for inspection purposes only and in no way official or approved for record purposes and not approved for construction." (b) When filing a preliminary plat application, it shall be accompanied by the following minimum documentation: (1) Completed preliminary plat application; (2) Eight (8) copies of the plat; (3) Eight (8) copies of engineering plans; (4) Deed showing current ownership of the platted property; (5) Tax certificates showing property owner is not in an·ears in payment of taxes; and (6) Nonrefundable application fee, as established by the Town Council.

(c) Preliminary plats must meet the following criteria and contain the following information: = (1) Scaled drawing no smaller than 1" 200' on a sheet size no greater than twenty-four (24) inches by thirty-six (36) inches (multiple sheets may be submitted; however, each sheet must be registered and match lines to allow assembly of the multiple sheets); (2) Boundary of the subject tract;

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(3) All existing and/or proposed streets and alleys with street names, widths and relation to surrounding existing street patterns; (4) Approximate width and depth of all proposed lots; (5) Layout, in dotted lines, of all adjacent lots to the property being platted showing lot size, lot and block numbers, name of existing subdivision or property owner if undeveloped property; (6) FEMA designated 100-year floodplain boundary; (7) Date, scale, north point, and small scale location map; (8) Name and address of all property owners of the property being platted; (9) Name and address of engineer and surveyor; and (10) Signed statement of the engineer and/or surveyor who prepared the preliminary plat indicating the records or survey from which the property description of the boundary of the proposed plat was developed.

(d) The engineering plans shall be in compliance with the current adopted construction standards of the Town and shall consist of the following: (1) Layout of all needed off-site utilities; (2) Water system layout, including size of line and fire hydrant location; (3) Sewer system layout, including size of line, location of manholes and cleanouts; (4) Drainage plan prepared in accordance with standard 100 year flood frequencies rainfalls which shows the overall analysis of the change of existing condition to fully developed condition and identify approximate location where water will exit the subdivision. Drainage plan shall show all contours for proposed development; and (5) As-built drawings of existing structures, if applicable.

DIVISION 3. FINAL PLATS Sec. 11. Form, contents and required documentation.

(a) Final plats are mandatory.

(b) In cases where a preliminary plat was previously approved, the final plat shall conform to the approved preliminary plat.

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(c) Final plats shall be filed with the City Secretary and shall be accompanied by the following minimum documentation: (1) Completed final plat application; (2) Eight (8) copies of the plat; (3) Eight (8) copies of engineering plans; (4) Deed showing current ownership of the platted property; (5) Tax certificates showing property owner is not in arrears in payment of taxes; (6) A statement on the plat application showing that all fees owed the Town on any prior projects has been paid in full at the time the application was filed; and (7) Nonrefundable application fee, as established by the Town Council.

(d) Final plats must meet the following criteria and contain the following information: = (1) Scaled drawing no smaller than l" 100' on a sheet size no greater than twenty-four (24) inches by thirty-six (36) inches (multiple sheets may be submitted; however, each sheet must be registered and match lines to allow assembly of the multiple sheets and an index sheet shall be drawn on a sheet twenty-four (24) inches by thirty- six (36) inches showing the entire property being platted); (2) The shape and the exterior boundaries of the property being platted shall be indicated by the use of a distinctive and individual symbol; (3) The length of all straight lines, deflection angles, radii, arcs, and central angles of all curves shall be given along the property lines of each street or tabulated on the same sheet showing all curve data with its symbol. All dimensions along the lines of each lot with the angles of intersections which they make with each other shall be indicated; (4) The names of all adjoining subdivisions, the side lines of abutting lots, lot and block numbers, all in dotted lines, and where possible, accurate reference ties to at least two (2) adjacent recognized land comers shall be clearly indicated; (5) The description and location of all survey monuments placed on the property being platted shall be indicated; (6) A title shall be indicated, including the name of the property being platted, the name of the applicant and scale and location of the property being platted with reference to original surveys and a north point which may be magnetic or true north, with notation stating which.

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(7) FEMA designated 100-year floodplain boundary, including finish floor elevation established a minimum of two (2) feet above the calculated 100 year flood. A surveyor's certificate shall be placed on the final plat as follows: KNOW ALL MEN BY THESE PRESENTS: That I, , do hereby certify that I prepared this plat from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under my personal supervision, in accordance with the Subdivision and Property Development Regulations of the Town of Lakewood Village, Texas.

Signature Texas Reg. No.

(9)A ce1tificate of ownership and of dedication of all streets, alleys, easements and lands to public use forever, signed and acknowledged before a notary public by the owner of the land, shall appear on the face of the map, containing complete and accurate description of the property being platted and the streets dedicated; (10) The applicant will furnish the Town a copy of the dedication at the same time the final plat is submitted for approval; and (11) The following certificate of approval by the Town Council shall be placed on the plat: Approved this day of _ _ _ , 20_ _ _ , by the Town Council of the Town of Lakewood Village, Texas.

Mayor Town Secretary (e) The engineering plans shall be in compliance with the current adopted construction standards of the Town and shall consist of the following: (1) Street layout and grades; (2) Water system layout, including size of line and fire hydrant location; (3) Sewer system layout, including size and grade of lines, location of manholes and cleanouts, and lift station design;

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(4) All drainage structure designs, analysis of as-is and full development for where the water exits the subdivision, analysis of all streets to determine if they meet drainage criteria, FEMA floodplain and floodway boundaries (if applicable), and letter(s) of release from property owners affected by di version of water (except for watercourse(s) designated on current Town topography maps); and (5) As-built drawings of existing structures, if applicable.

DIVISION 4. VACATION OF PLATS, REPLATS AND AMENDMENT OF PLATS' Sec. 13. Vacation of plats.

(a) Any plat, replat or amended plat previously recorded with the county clerk may be vacated by the property owner(s) at any time prior to the sale of any lot therein by filing a written signed and acknowledged instrument declaring the same to be vacated and recorded with the county clerk.

(b) If the one (I) or more lots have been sold, the plat, replat or amended plat may be vacated by the property owners by filing a written signed and acknowledged instrument with the town secretary. The vacating instrument must be approved by the Town Council in the same manner as the original plat, replat or amended plat. The Town Council shall disapprove the vacating instrument which abridges or destroys public rights in any of its public uses, improvements, streets, or alleys. Upon approval by the Town Council, the vacating instrument may be recorded with the county clerk and the vacated plat, replat or amended plat shall have no effect.

State law reference(s)··Vacating plats, V.T.C.A., Local Government Code§ 212.013.

Sec. 14. Replats without vacating preceding plat.

A replat may be recorded and controls over a previously recorded plat without vacation of that plat if the replat is signed and acknowledged by the owners of the property being platted, does not attempt to amend or remove any covenants or restrictions, and is approved, after a public hearing on the matter, by the Town Council.

Sec. 15. Plat amendments or corrections.

(a) The Town Council may approve and issue an amended plat, which may be recorded with the county clerk and controls over the preceding plat without vacation of the plat, if the amended plat is signed by the applicant(s) and is solely for one (I) or more of the following purposes: (1) To correct an error in a course or distance shown on the preceding plat; (2) To add a course or distance that was omitted on the preceding plat; (3) To correct an error in the description of the real property shown on the preceding plat; 'State law reference-Vacating plats, amending plats, etc., V.T.C.A. Local Government Code§ 212.013 et seq.

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(4) To indicate monuments set forth after death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments; (5) To show the proper location or character of any monument which has been changed in location or character or which originally was shown incorrectly as to location or character on the preceding plat; (6) To correct any other type of scrivener's or clerical error or omission previously approved by the planning and zoning commission and/or Town Council, including lot numbers, acreage, street names, and identification of adjacent recorded plats; (7) To correct an error in courses and distances of lot lines between two (2) adjacent lots where both lot owners join in the application for plat amendment and neither lot is abolished; provided, that such amendment does not attempt to remove recorded covenants or restrictions and does not have a material adverse effect on the property rights of the other owners in the plat; (8) To relocate a lot line in order to cure an inadvertent encroachment of a building or improvement on a lot line or on an easement; (9) To relocate one (1) or more lot lines between one (1) or more adjacent lots where the owner(s) of all such lots join in the application for the plat amendment; provided, that such amendment does not attempt to remove recorded covenants or restrictions and does not increase the number of lots; or (10) To make necessary changes to the preceding plat to create six (6) or fewer lots in the plat if the changes do not affect applicable zoning and other regulations of the Town, and the changes do not attempt to amend or remove any covenants or restrictions and the area covered by the changes is located in an area that the Town Council has approved, after a public hearing, as a residential improvement area.

( 11) To rep lat one or more lots fronting on an existing street if the owners of all those lots join in the application for the amendment; the amendment does not attempt to remove recorded covenants or restrictions or increase the number of lots; and, the amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities.

(b) Notice, a hearing, and the approval of other lot owners are not required for the approval and issuance of an amended plat.

ARTICLE III. DEVELOPMENT PROCESS Sec. 16. Construction of infrastructure.

(a) Following approval of the final plat, the plat applicant shall submit full construction plans

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for all proposed infrastructure to be constructed for the platted property. Construction plans submitted shall be in conformance with the approved plat. The Town engineer shall review the submitted plans for compliance with the construction standards adopted by the Town.

(b) Upon approval of construction plans by Town Council, the plat applicant and/or the plat applicant's contractor will provide written notification to the Town engineer of the intent to commence construction of the required infrastructure. No work may be performed unless written notification has been provided to the Town engineer. The written notification shall contain the following information: (1) Name of the plat or subdivision; (2) Plat applicant's name; (3) Contractor's name, address and phone number; (4) Type of construction to be performed; and (5) Estimated value of construction contract.

(c) The Town engineer shall issue an acknowledgment of receipt of notification to the developer and/or his contractor.

Sec. 17. Acceptance of infrastructure.

(a) Upon completion of all required infrastructure, prior to the acceptance of the subdivision by the Town for maintenance, the applicant shall post, or cause to be posted, a maintenance bond executed by a corporate surety or corporate sureties duly authorized to do business in this state, payable to the Town and approved by the Town as to form, to guarantee the maintenance of the construction for a period of one (1) year after its completion and acceptance by the Town. In lieu of a maintenance bond, the applicant may submit either an irrevocable Jetter of credit payable to the Town and approved by the Town as to form or a cash bond payable to the Town and approved by the Town as to form. The actual value of the maintenance bond or letter of credit or cash bond shall be ten (10) percent of the full cost of the water and sewer system and fifteen (15) percent of the full cost of the cost of street and drainage construction, as determined by the estimate of construction costs.

(b) Upon receipt of the approved maintenance bond, irrevocable letter of credit or cash bond, the Town engineer shall issue a written letter of acceptance of the infrastructure and notify the building and development department that the subdivision has been accepted by the Town.

Sec. 18. Building permits issued prior to completion of infrastructure.

(a) In the event an applicant wishes to obtain building permits prior to acceptance of the subdivision by the Town, the applicant shall post with the Town a completion bond executed by a corporate surety or corporate sureties duly authorized to do business in this state, payable to the

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Town and approved by the Town as to fonn for all construction included in the approved construction plans that has not been completed. In lieu of a completion bond, the applicant may submit either an irrevocable letter of credit payable to the Town and approved by the Town as to fonn or a cash bond payable to the Town and approved by the Town as to fonn.

(b) Under no circumstances shall building above the foundation be permitted until adequate fire protection is available. Adequate fire protection means: (1) Town utilities are installed; (2) Fire hydrants providing protection are operational; and (3) Streets are open and driveable, street subgrades worked to proper compaction and base course installed, graded and leveled, to facilitate vehicle movement.

(c) After the plat has been recorded and the completion bond, irrevocable letter of credit or cash bond has been received and approved by the Town, the Town engineer shall notify the building and development department, by lot and block numbers, that building permits may be issued.

Sec. 19. Agreements with the Town.

(a) All agreements entered into between the Town and the developer and/or applicant, as a condition of plat approval, shall be recorded along with the final plat.

(b) The executed agreement shall be submitted to the Town Council in conjunction with the original drawings required for filing and recordation.

ARTICLE IV. STANDARDS AND REQUIREMENTS DIVISION I. GENERALLY Sec. 20. Lots and blocks.

(a) All lots of the plat shall front on a dedicated street.

(b) In general, lots shall confonn in width, depth, and area to the pattern already established in the adjacent areas, having due regard to the character of the neighborhood, its particular suitability for residential purposes, and also taking into consideration the natural topography of the ground, drainage, sanitary sewage facilities, and the proposed layout of the streets.

(c) Lots shall have the width measurements, front, rear, and side yard requirements required by Town Ordinance 83-1.

(d) The area of the lots shall be computed by taking the average width of the lot times the average depth of the lot measured from the street line to the rear lot line.

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(e) All sidelines of lots shall be at right angles to straight street lines or radial to curved street lines, unless a variation from this rule would, in the opinion of the Town Council, produce a better lot plan and better utilize the proposed development.

Sec. 21. Park sites.

The Town Council shall consider offers of land for parks or playgrounds which conform to the current master plan adopted by the Town, provided such plan exists.

Sec. 22. Use of Town condemnation authority.

(a) Water and sewer mains, force mains and lift stations, streets and drainageways shall be located in easements or rights-of-way secured and paid for by the applicant. Such easements shall be properly assigned to the Town before service is extended to the subdivision.

(b) In cases where easements cannot be secured by the applicant, the applicant may file a written petition with the Town engineer, accompanying the plat application, requesting that the Town Council utilize its condemnation authority. The written petition must satisfy all of the following criteria: (1) The applicant must establish that clear evidence of public need exists; (2) The applicant must establish that the proposed extension is in accordance with the current adopted master utility plan(s), if such plan(s) exists; (3) The applicant must establish that the proposed extension will be able to serve other development areas; (4) The applicant must agree to pay all costs of the condemnation; and (5) The applicant must present written evidence that every practical attempt to secure the needed easements and/or right-of-way has been made by submitting the following: a. A condemnation appraisal by an independent appraiser as to the current market value and damages, if any, of acquiring the easement and/or right-of-way; and b. Documentation that a written offer has been made to purchase the easement and/or right-of-way for the appraised value and the offer was rejected.

(c) The petition shall be forwarded to the Town for review and recommendation and scheduled for consideration by the Town Council.

DIVISION 2. STREETS AND DRAINAGE

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Sec. 23. Streets.

(a) Street widths in subdivisions shall confonn to: Designation Right-of-Way (feet) Paving (feet) A + major arterial 110 86 A major arterial 110 90 B + minor arterial 90 66 B minor arterial 80 56 C major collector 70 44 D minor collector 60 38 E minor local 50 31 (b) Existing streets shall be continued where practical, as determined by the Town Council.

Continuations of existing streets shall have the same or greater tight-of-way and pavement widths as the existing streets being connected. Street names shall be continuous.

(c) All necessary street rights-of-way shall be dedicated as part of the platting process and shall be dedicated to the Town without cost.

(d) Dead-end streets may be platted where the land adjoining the plat has not been platted. In the event that such dead-end street exceeds one hundred fifty (150) feet in length or one (1) lot width, from the nearest street intersection, the street will be provided with a cul-de-sac, either pennanent or temporary, having a minimum right-of-way radius of fifty (50) feet.

(e) Where dead-end streets are dictated by lot designs, such dead-end streets shall be provided with a permanent cul-de-sac having a minimum right-of-way radius of fifty (50) feet.

(f) No street intersection shall be designed having an inside angle of less than thirty (30) degrees between the two (2) intersecting street lines, nor more than one hundred fifty (150) degrees.

(g) Block lengths between intersecting cross streets or to the end of a cul-de-sac shall be no more than one thousand two hundred (1,200) feet.

(h) Streets, where practical, shall be designed and platted with appropriate regard to topographical features, i.e., creeks and drainageways, wooded areas, etc., with the aim of creating desirable and attractive treatments of significant existing features. (Ord. No. 95-38, § I, 4-25-95). Private Streets shall not be allowed.

(i) Driveways; Any driveway or other common access to more than two residences which is not defined in Section 23(a), shall be considered a minor local road and shall conform to defined standards.

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Sec. 24. Alleys, reserve strips.

(a) Alleys and/or easements shall be laid in the rear of lots fronting on adjoining streets where practicable. In residential subdivisions, the minimum width of right-of-way of an alley shall not be less than twenty (20) feet. All alleys shall be paved for the entire width of the right- of-way to the same specifications as minor residential streets. The rear or side line easement, where alleys are not provided, shall be a minimum of twenty (20) feet wide, arranged such that each lot shall have an equal ten-foot easement.

(b) No plat showing reserve strips of land controlling access to public ways or adjoining properties will be approved.

Sec. 25. Drainage in special flood hazard areas.

Drainage structures in areas of special flood hazard in the Town shall comply with the provisions of the Town Ordinances.

Sec. 26. Drainage not in special flood hazard areas.

(a) Design of all improved open drainage courses and enclosed drainage structures shall be by a registered professional engineer in accordance with the current drainage design standards approved by the Town Council. A review of the downstream drainage system capacity to a point of discharge into the lake area shall be made. The rate of storm water discharge from the proposed development shall not exceed flow capacity of any existing structure or drainage system. This may require storm water detention or retention on site of the project.

(b) The design and construction of all improved open drainage courses and enclosed drainage structures shall provide for adequate access for the performance of necessary maintenance by the Town.

(c) All improved drainage courses and enclosed drainage structures shall be dedicated to the Town and accepted for maintenance by the Town upon approval of the construction by the Town engineer.

(d) The Town shall maintain all improved drainage courses, provided that the original design and construction has been approved by the Town engineer and accepted by the Town for maintenance.

(e) Improved open drainage courses shall conform as follows: (1) Open drainage courses which carries runoff from a street, between two (2) lots, to a drainage course running behind lots shall be a concrete-lined flume.

(2) Open drainage courses running behind lots may be of earthen channel or concrete- lined channel, provided the type of channel used satisfies the design criteria (velocity, type of soil, etc.) in accordance with the current drainage design standards approved by the Town Council.

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(3) Where the open drainage course is a concrete-lined flume, the width of the easement shall be equal to the width of the flume. All other open drainage courses require the width of the easement to be equal to the width from top-of-bank to top-of-bank plus maintenance way needs as given in the drainage design standards.

(f) Enclosed drainage courses shall conform as follows: (1) Cross drainage for right-of-way needs shall be designed to meet the same requirements as its channel.

(2) Permanent structures and improvements may be constructed upon and across improved enclosed drainage courses in business zoning districts and manufacturing zoning districts. Design shall be to accommodate the 100-year frequency flood.

(3) The width to the easement shall be equal to the width of the structure plus a width on each side of the structure to allow maintenance and/or repairs.

Sec. 27. Street name signs.

Street name signs and markers and traffic control signs, in accordance with standards adopted by the Town, will be required at each intersection. The developer will provide street signs and posts for the markers and make the installations when the subdivision is accepted by the Town for maintenance.

DIVISION 3. WATER AND SEWER INFRASTRUCTURE Sec. 28. General Provisions.

(a) The intent and purpose of this division is to provide equitable charges for water and sewer connections as a propo1tionate distribution of the cost of the water and sewer main extensions to serve property within the Town. If the existing Town utility facilities are not within or adjacent to a subdivision, the developer shall construct the necessary extension of water and sewer mains, force mains, force mains, and lift stations, including all valves, manholes, and piping necessary to serve any future development of abutting property as specified in this chapter. The developer's engineer shall prepare a proposed plan of service for the subdivision and property along the extension which shall be reviewed by the Town engineer. These facilities shall be constructed in accordance with both the master plan and the Technical and Administrative Manual for Water and Sewer System Development ("Manual").

(b) It is the general policy of the Town that: (1) Water and sewer mains should be large enough to serve all the lots platted and, should the Town determine oversizing is necessary, the Town may participate in those lines greater than 8" for water and greater than 10" for sewer.

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(2) All utilities shall be required to extend across the full width of the last lot platted on each street proposed within the subdivision, in such an alignment that it can be extended to the next property in accordance with the master sewer and water plans for the Town, provided such plan(s) exist. Properties already served by water and sewer shall not be required to install additional facilities unless: (I) The current lines are not of adequate capacity to serve the proposed development; in which case the applicant will be required to install adequate facilities.

(c) Every lot of the plat shall have direct access to the water and sewer system. Utility service shall be from a water/sewer main located in an abutting right-of-way or through easements from the lot to a water/sewer main.

(d) Water and/or sewer service may not be extended outside the Town limits.

(e) (l) The terms of this division shall be cumulative of all other ordinances regulating subdivisions, and such other ordinances are not repealed by this division, except to the extent that such other provisions conflict with the terms of this chapter, in which event this chapter shall prevail.

(2) The status of any previously designated line extension, lift station, or main shall be unaffected by this ordinance, save and except the Clear Creek pro rata line, designated in CCM #95-121R. The Clear Creek pro rata line designation is hereby rescinded.

(f) In addition to any other remedy provided by law, the Town and its officers shall have the right to enjoin any violation of this chapter by injunction issued by a court of competent jurisdiction.

Sec. 29. Water.

(a) No water main shall be extended unless the diameter of any such extended main is a minimum of six (6) inches inside the subdivision. Larger mains may be required per the water master plan, provided such plan exists.

(b) Water system layout shall be looped whenever possible. Dead-end mains shall not exceed one thousand eight hundred (1,800) feet or include three (3) fire hydrants. Single feeds may be permitted at the discretion of the Town engineer; however, any such denial may be appealed to the Town Council. Single feeds should include provisions for looping in future development.

(c) The location of fire hydrant(s) shall comply with and be approved by the Town Engineer and/or Fire Marshall and insurance requirements.

(d) Long water service taps shall be installed while the subdivision is being developed. Short water service taps shall be installed when needed for development. Long water service taps locations shall be clearly marked with a plastic valve box directly above the tap. A Yi inch x 2

Ordinance 08-06 /Subdivision Page 19 of23

foot steel rod shall be driven vertically 6" inches below the ground surface for the location of each water tap. No water service taps smaller than six (6) inches in diameter shall be allowed on water mains larger than twelve (12) inches in diameter.

Sec. 30. Sewer.

(a) No sewer main shall be extended unless the diameter of any such extended main is a minimum of six (6) inches inside the subdivision. Larger mains may be required per the sewer master plan, provided such plan exists.

(b) Manholes are required any time the alignment, slope, or diameter of the sewer main changes, or when two or more sewer mains intersect. In no case will the maximum spacing between manholes, or from a manhole to cleanout, exceed 500 feet.

(c) Sewer services for sewer mains located in roadways shall be installed while the subdivision is being developed. Sewer services with direct access to the sewer main without encroaching on a roadway may be installed when needed for development. Sewer tap locations shall be clearly marked with a plastic valve box directly above the tap. A Y2 inch x 2 foot steel rod shall be driven vertically 6" inches below the ground surface for the location of each water tap. Sewer services six (6) inches and larger require a manhole where they intersect the sewer main. The sewer service shall extend a minimum of ten feet (10') into the lot area.

(d) Minimum lift station capacity shall be one hundred (100) gallons per minute and shall have at least two (2) pumps, each of which shall be capable of pumping the design capacity of the lift station. The minimum size of the wetwell shall be such that with any combination of inflow and pumping, the cycle of operation for each pump shall not be less than five (5) minutes and the maximum retention time in the wetwell shall not average more than thirty (30) minutes.

(e) Septic system holding tanks or any other sewage retainage facilities for the storage or removal of sewage are prohibited.

Sec. 31. Costs of Extensions.

a. Developer initiated. All costs of all water and sewer main extensions, force mains, and lift stations initiated by a developer in order to provide required service for their development area, shall be paid for by the developer. Such costs may include; but is not necessarily limited to, right-of-way acquisition, pipes, motors, pumps, engineering, construction costs, inspection fees, and all weather access.

In no event shall the Town pay for any costs associated with water and/or sewer improvements.

Sec. 32. Use of Water and Sewer Tap Fees and Rate Revenues.

Tap fees and rate revenues shall be set in an amount sufficient to maintain and operate the

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system, with due regard for anticipated needs to improve, update, construct, and maintain the system.

Sec. 33. Use of Town Condemnation Authority.

a. Water and sewer mains, force mains, and lift stations shall be located in easements, secured and paid for by the developer, and assigned to the Town before service is extended to the subdivision. For the Town to consider to using condemnation authority to assist a developer in extension of the system, the applicant must show clear evidence that every practical attempt to secure the easement has failed and there is a public need and interest for condemnation. Specific criteria and procedures shall be as stated in the manual.

b. Upon compliance with all procedures by the developer, the Town, at least 10 days prior to the hearing shall notify all property owners within the proposed easement and 200 feet therefrom. A hearing of facts by the Town Council is required. Determination of the Town Council shall be final.

Sec. 34. Severability.

It is hereby declared to be the intention of the Town Council that if any of the sections, paragraphs, sentences, clauses, and phrases of this Ordinance shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not effect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance of unconstitutional or invalid phrases, clauses, sentences paragraphs or sections.

Sec. 35. Savings.

This Ordinance shall be cumulative of all other ordinances of the Town and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; provided, however, that Ordinance No. 93-1 (Revised) of the Town are hereby repealed, but provided that any complaint, action, cause of action, or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to Ordinance No. 93-1 (Revised) shall continue to be governed by the provisions of that Ordinance and for that purpose Ordinance No. 93-1 (Revised) shall be deemed to remain and shall continue in full force and effect.

Sec. 36. Repealer.

Ordinance 02-0SA and Ordinance 00-09 are hereby repealed.

Sec. 37. Penalty.

Any person who should violate any provision of this Ordinance or should fail to comply herewith shall for each and every violation or noncompliance be deemed guilty of a misdemeanor and shall be fined not more than $2,000.00 (two thousand dollars) and each day such violation shall be permitted to exist shall be construed a separate offense.

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Sec. 38. Effective Date.

This Ordinance shall become effective from and after its date of passage and publication as provided by law.

PASSED AND APPROVED the 14th day of August, 2008

ATTEST: ~cl~PY

Ordinance 08-06 /Subdivision Page 22 of23

Exhibit 20

STATE OF TEXAS ) ) CERTIFJCATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full , true and correct cop ies of Town of Lakewood Village Ordinance 08-09. The same appear of record in my office and said documents are the official records from the public office of the TO\;\,'ll Secretary of the Town of Lakewood Village, Denton County, Texas. and are kept in said office.

I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that J am a lawfu l possessor and keeper of the record s in said office.

ln witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Vi llage this 26th day of March, 20 14.

TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE NO. 08-09

AN ORDINANCE ADOPTING FLOOD DAMAGE PREVENTION GUIDELINES; PROVIDING A REPEAL CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS THAT THE TOWN HEREBY ADOPTS THE FOLLOWING: ARTICLE I: SfATUfORY AUIHORIZA110N,FINDINGSOFFACT,PURPOSEANDMEIHODS SECTION A. STATUTORY AUTHORIZATION The Legislature of the State of Texas has in the Flood Control Insurance Act, Texas Water Code, Section 16.315, delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the Town of Lakewood Village, Texas does ordain as follows: SECTION B. FINDINGS OF FACT (1) The flood hazard areas of Lakewood Village are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare.

(2) These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, flood proofed or otherwise protected from flood damage.

SECTION C. STATEMENT OF PURPOSE It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Protect human life and health; (2) Minimize expenditure of public money for costly flood control projects; (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

Ordinance 08-09 Flood Damage Prevention Page I of 17

(4) Minimize prolonged business interruptions; (5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (6) Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and (7) Insure that potential buyers are notified that property is in a flood area.

SECTION D. METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this ordinance uses the following methods: (1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; (2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; (4) Control filling, grading, dredging and other development which may increase flood damage; (5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands.

ARTICLE 2 DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance its most reasonable application.

ALLUVIAL FAN FLOODING - means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths.

APEX - means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.

APPURTENANT STRUCTURE- means a structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure Ordinance 08-09 Flood Damage Prevention Page 2of17

AREA OF FUTURE CONDITIONS FLOOD HAZARD - means the land area that would be inundated by the 1-percent-annual chance (100 year) flood based on future conditions hydrology.

AREA OF SHALLOW FLOODING - means a designated AO, AH, ARIAO, ARIAH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate-making has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, Al-30, AB, A99, AR, AR/Al-30, AR/AB, AR/AO, AR/AH, ARIA, VO, Vl- 30, VEorV.

BASE FLOOD - means the flood having a 1 percent chance of being equaled or exceeded in any given year.

BASE FLOOD ELEVATI ON (BFE) - The elevation shown on the Flood Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AB, AH, Al- A30, AR, Vl-V30, or VE that indicates the water surface elevation resulting from the flood that has a 1% chance of equaling or exceeding that level in any given year - also called the Base Flood.

BASE1\.1ENT - means any area of the building having its floor sub grade (below ground level) on all sides.

BREA.KAWA Y WALL - means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

CRITICAL FEATURE - means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.

DEVELOP1\.1ENT - means any man-made change to improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

ELEV ATED BUILDING - means, for insurance purposes, a non-basement building, which has its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

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EXISTING CONSTRUCTION - means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures." EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

FLOOD OR FLOODING - means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters. (2) the unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD ELEVATION STUDY - means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

FLOOD INSURANCE RATE MAP (FIRM) - means an official map of a community, on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY (FIS) - see Flood Elevation Study FLOODPLAIN OR FLOOD-PRONE AREA - means any land area susceptible to being inundated by water from any source (see definition of flooding).

FLOODPLAIN MANAGEMENT - means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.

FLOODPLAIN MANAGEMENT REGULATIONS - means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

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FLOOD PROTECTION SYSTEM - means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.

FLOOD PROOFING - means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FLOODW AY - see Regulatory Floodway FUNCTIONALLY DEPENDENT USE - means a use, which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. lllGHEST ADJACENT GRADE - means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. lllSTORIC STRUCTURE - means any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or (4) Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either: (a) By an approved state program as determined by the Secretary of the Interior or; (b) Directly by the Secretary of the Interior in states without approved programs.

LEVEE - means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

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LEVEE SYSTEM - means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

LOWEST FLOOR - means the lowest floor of the lowest enclosed area (including basement).

An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations.

MANUFACTURED HOME - means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle".

MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

NEW CONSTRUCTION - means; for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

NEW MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

RECREATIONAL VEHICLE - means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self- propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

REGULATORY FLOODWAY - means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

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RIVERINE - means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. SPECIAL FLOOD HAZARD AREA - see Area of Special Flood Hazard START OF CONSTRUCTION - (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE - means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

SUBSTANTIAL DAMAGE - means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT - means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure." VARIANCE - means a grant of relief by a community from the terms of a floodplain management regulation. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.)

VIOLATION - means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without Ordinance 08-09 Hood Damage Prevention Page 7of17

the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(lO), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.

WATER SURFACE ELEVATION - means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

ARTICLE 3 GENERAL PROVISIONS SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES The ordinance shall apply to all areas of special flood hazard within the jurisdiction of Town of Lakewood Village, Texas.

SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Emergency Management Agency in the current scientific and engineering report entitled, "The Flood Insurance Study (FIS) for Denton County, Texas," dated April 2, 1997, and/Map Number 48121C0415 E (Panel 415 of 750), with accompanying Flood Insurance Rate Maps and/or Flood Boundary-Floodway Maps (FIRM and/or FBFM) dated April 2, 1997. and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance.

SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT A Floodplain Development Permit shall be required to ensure conformance with the provisions of this ordinance.

SECTION D. COMPLIANCE No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this ordinance and other applicable regulations.

SECTION E. ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

SECTION F. INTERPRETATION In the interpretation and application of this ordinance, all provisions shall be; (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed Ordinance 08-09 Flood Damage Prevention Page 8of17

neither to limit nor repeal any other powers granted under State statutes.

SECTION G. WARNING AND DISCLAIMER OR LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes.

This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder.

ARTICLE 4 ADMINISTRATION SECTION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR The Mayor is hereby appointed the Floodplain Administrator to administer and implement the provisions of this ordinance and other appropriate sections of 44 CFR (Emergency Management and Assistance - National Flood Insurance Program Regulations) pertaining to floodplain management.

SECTION B. DUTIES & RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: (1) Maintain and hold open for public inspection all records pertaining to the provisions of this ordinance.

(2) Review permit application to determine whether to ensure that the proposed building site project, including the placement of manufactured homes, will be reasonably safe from flooding.

(3) Review, approve or deny all applications for development permits required by adoption of this ordinance.

(4) Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required.

(5) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary Ordinance 08-09 Flood Damage Prevention Page 9of17

interpretation.

(6) Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is the Texas Water Development Board (TWDB), prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.

(7) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.

(8) When base flood elevation data has not been provided in accordance with Article 3, Section B, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a Federal, State or other source, in order to administer the provisions of Article 5.

(9) When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones Al-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.

(10) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones Al-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than 1 foot, provided that the community first completes all of the provisions required by Section 65.12.

SECTION C. PERMIT PROCEDURES (1) Application for a Floodplain Development Permit shall be presented to the Floodplain Administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: (a) Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures; (b) Elevation in relation to mean sea level to which any nonresidential structure shall be flood proofed; (c) A certificate from a registered professional engineer or architect that the nonresidential flood proofed structure shall meet the flood proofing criteria of Article 5, Section B (2);

Ordinance 08-09 Flood Damage Prevention Page IO of 17

(d) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development; (e) Maintain a record of all such information in accordance with Article 4, Section (B)(l); (2) Approval or denial of a Floodplain Development Permit by the Floodplain Administrator shall be based on all of the provisions of this ordinance and the following relevant factors: (a) The danger to life and property due to flooding or erosion damage; (b) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (c) The danger that materials may be swept onto other lands to the injury of others; (d) The compatibility of the proposed use with existing and anticipated development; (e) The safety of access to the property in times of flood for ordinary and emergency vehicles; (f) The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; (g) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; (h) The necessity to the facility of a waterfront location, where applicable; (i) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use.

SECTION D. VARIANCE PROCEDURES (1) The Appeal Board, as established by the community, shall hear and render judgment on requests for variances from the requirements of this ordinance.

(2) The Appeal Board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance.

Ordinance 08-09 Flood Damage Prevention Page II of 17

(3) Any person or persons aggrieved by the decision of the Appeal Board may appeal such decision in the courts of competent jurisdiction.

(4) The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request.

(5) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this ordinance.

(6) Variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Section C (2) of this Article have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.

(7) Upon consideration of the factors noted above and the intent of this ordinance, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this ordinance (Article 1, Section C).

(8) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(9) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(10) Prerequisites for granting variances: (a) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(b) Variances shall only be issued upon: (i) showing a good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(c) Any application to which a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(11) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent Ordinance 08-09 Flood Damage Prevention Page 12of17

use provided that (i) the criteria outlined in Article 4, Section D (1)-(9) are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

ARTICLE 5 PROVISIONS FOR FLOOD HAZARD REDUCTION SECTION A. GENERAL STANDARDS In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements: (1) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (3) All new construction or substantial improvements shall be constructed with materials resistant to flood damage; (4) All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; (5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and, (7) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

SECTION B. SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Article 3, Section B, (ii) Article 4, Section B (8), or (iii) Article 5, Section C (3), the following provisions are required: (1) Residential Construction - new construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated to two (2) feet above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection as Ordinance 08-09 Flood Damage Prevention Page 13of17

proposed in Article 4, Section C (1) a., is satisfied.

(2) Nonresidential Construction - new construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to two (2) feet above the base flood level or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are flood proofed shall be maintained by the Floodplain Administrator.

(3) Enclosures - new construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: (a) A minimum of two openings on separate walls having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

(b) The bottom of all openings shall be no higher than 1 foot above grade.

(c) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(4) Manufactured Homes - (a) Require that all manufactured homes to be placed within Zone A on a community's FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.

(b) Require that manufactured homes that are placed or substantially improved within Zones Al-30, AH, and AE on the community's FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor Ordinance 08-09 Flood Damage Prevention Page 14of17

of the manufactured home is elevated to two (2) feet above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

(c) Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones Al-30, AH and AE on the community's FIRM that are not subject to the provisions of paragraph (4) of this section be elevated so that either: (i) the lowest floor of the manufactured home is at two (2) feet above the base flood elevation, or (ii) the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

(5) Recreational Vehicles - Require that recreational vehicles placed on sites within Zones Al-30, AH, and AE on the community's FIRM either (i) be on the site for fewer than 180 consecutive days, or (ii) be fully licensed and ready for highway use, or (iii) meet the permit requirements of Article 4, Section C (1), and the elevation and anchoring requirements for "manufactured homes" in paragraph (4) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.

SECTION C. STANDARDS FOR SUBDIVISION PROPOSALS (1) All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with Article 1, Sections B, C, and D of this ordinance.

(2) All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Floodplain Development Permit requirements of Article 3, Section C; Article 4, Section C; and the provisions of Article 5 of this ordinance.

(3) Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Article 3, Section B or Article 4, Section B (8) of this ordinance.

(4) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.

(5) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.

Ordinance 08-09 Flood Damage Prevention Page 15of17

SECTION D. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH ZONES) Located within the areas of special flood hazard established in Article 3, Section B, are areas designated as shallow flooding. These areas have special flood hazards associated with flood depths of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: (1) All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated to or above the base flood elevation or the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least 2 feet if no depth number is specified), or (2) All new construction and substantial improvements of non-residential structures; (a) have the lowest floor (including basement) elevated to or above the base flood elevation or the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified), or (b) together with attendant utility and sanitary facilities be designed so that below the base specified flood depth in an AO Zone, or below the Base Flood Elevation in an AH Zone, level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy.

(3) A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as proposed in Article 4, Section C are satisfied.

(4) Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures.

SECTION E. SEVERABILITY If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance.

SECTION F. PENALTIES FOR NON COMPLIANCE No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this court order and other applicable regulations.

Violation of the provisions of this court order by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this court order or fails to comply with Ordinance 08-09 Flood Damage Prevention Page 16of17

any of its requirements shall upon conviction thereof be fined not more than $500.00 for each violation, and in addition shall pay all costs and expenses involved in the case. Each day a violation continues to exist will constitute a new and separate violation. Nothing herein contained shall prevent Town of Lakewood Village, Texas from taking such other lawful action as is necessary to prevent or remedy any violation.

SECTION G. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its date of passage and publication as provided by law.

DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS, on this 9th day of September 2008.

APPROVED:

l\liike Schnittker, Mayor ATTEST: ~cla -Ck>beRQ <

Linda Asbell, City Secretary

Ordinance 08-09 Flood Damage Prevention Page 17of17

Exhibit 21

ST ATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby ce1tify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of the Town of Lakewood Village Ordinance 10-01. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office.

I further ce1tify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office.

In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Vi llage this 26th day of March, 2014.

LllldASbeiJ, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas

TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE 10-01 AN ORDINANCE TO ADOPT THE MOST CURRENT EDITION OF THE INTERNATIONAL RESIDENTIAL CODE, THE INTERNATIONAL BUILDING CODE, THE INTERNATIONAL PLUMBING CODE, THE INTERNATIONAL MECHANICAL CODE, THE INTERNATIONAL ENERGY CODE, THE INTERNATIONAL FUEL AND GAS CODE, THE INTERNATIONAL PROPERTY MAINTENANCE CODE, THE NATIONAL ELECTRICAL CODE, INTERNATIONAL FIRE CODE AND ALL APPENDICES THERETO, AS AMENDED BY THE TERMS OF THIS ORDINANCE; PROVIDING FOR PERMIT FEES; PROVIDING FOR THE REGISTRATION OF BUILDERS AND ALL PERSONS PERFORMING ELECTRICAL, PLUMBING, MECHANICAL, IRRIGATION, IRRIGATION TESTING BACKFLOW, THIRD PARTY INSPECTIONS, ROOFING, FENCING, FRAMING, AND CONCRETE, WORK ON ANY NEW OR EXISTING CONSTRUCTION OR STRUCTURE WITHIN THE TOWN OR THE EXTRATERRITORTIAL JURISDICTION; PROVIDING FOR A BOARD OF APPEALS; PROVIDING FOR PREMISE IDENTIFICATION; PROVIDING FOR INSPECTIONS AND TOWN BUILDING REQUIREMENTS; PROVIDING A PENALTY CLAUSE; PROVIDING A REPEAL OF ORDINANCE 06-06A; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE, WHEREAS, the Town Council of the Town of Lakewood Village, Texas desires to establish a specific requirement for all building construction; WHEREAS, the State of Texas mandates that it is necessary to establish uniform and minimum standards for the construction, erection, and maintenance of buildings and other structures in order to protect and promote the public health, safety, and welfare of the citizens of the Town and the Extraterritorial Jurisdiction of the Town, WHEREAS, the Town of Lakewood Village desires to adopt the most current set of International and minimum standard building codes; NOW, THEREFORE BE IT ORDAINED by the Town Council of the Town of Lakewood Village, Texas: SECTION 1. CODES The current versions of the International Residential Code, the International Building Code, the International Plumbing Code, the International Mechanical Code, the International Energy Code, the International Fuel and Gas Code, the International Prope1ty Maintenance Code, the National Electrical Code, the International Fire Code, and all appendices thereto, as herein after revised or amended are adopted. The said International Building Code, the International Plumbing Code, the International Mechanical Code, the International Energy Code, the International Fuel and Gas Code, the International Property Maintenance Code, the National Electrical Code are incorporated herein as if copied in their entirety.

SECTION 2. DEFINITIONS The Town - shall mean the Town of Lakewood Village Contractor - shall mean any person, firm, corporation, or other entity that is hired by a homeowner or landowner to perform any new construction, remodel, or repair on said homeowner or landowner's real property.

Building Official - shall mean an employee of the Town of Lakewood Village who performs inspections, plan reviews, and is licensed by the State of Texas as a Building Inspector, or any properly qualified person that is employed by the Town that has been appointed to perform such work.

Erosion Control - the containment of all dirt, soils, sand, fill or grass, in such a manner, to prevent said materials from encroaching onto adjacent properties, town easements, drainage culverts, or utility placements ETJ ·shall mean the Extraterritorial Jurisdiction of the Town of Lakewood Village Masonry - shall be defined as brick, concrete hollow clay tile, concrete block, natural stone, or any combination of these materials that are laid up by unit and set in mortar.

Construction Site Refuse Control • the containment of and weekly or monthly removal of both construction and laborer refuse to prevent said materials from encroaching onto adjacent homeowner properties, town easements, drainage ditches and culverts, and should be in compliance with OSHA and local codes.

SECTION 3. GENERAL All Building Permits shall expire 180 days from the date the permit is issued. A permit expiration may be extended if a Contractor issues a construction calendar with the submission packet and the calendar is approved by the Building Official and Mayor. If the Construction Calendar that is provided by the Contractor is not adhered to, the Building Permit shall expire without further action by the Town.

SECTION 4. BUILDING FEES & REOUIREMENTS A. Fees will be outlined in Exhibit A of this ordinnace B. Water/Sewer Taps· A licensed plumber that is registered with the Town shall perform all work connecting to the Town utilities.

C. All sprinkler permits are required to have a final inspection accompanied by a Backflow Prevention Report Form and a Customer Service Inspection Letter. These forms can be obtained from the office of the Town Secretary.

Ordinance 10-01 Building Ordinance Page 2of19 D. In the construction, maintenance, or repair of any building or structure within the Town or the ETJ, for which a building permit is required by the current building codes, no person shall perform any electrical, plumbing, mechanical, fencing, backflow, concrete, third party inspections, irrigation, or roofing unless and until such time as that person is registered with the Town to perform such work.

E. All contractors who are required by state law or local ordinance to be licensed must register with the Town of Lakewood Village before applying for permits or performing any work. All contractors registered with the Town, or unregistered, shall perform no work of any sort/kind without being properly licensed. The Mayor or Building Official, upon receipt of a written citizen complaint, shall place said Contractor's registration in investigation status. No inspections will be allowed or permits issued to any Contractor whose registration is in investigation status. The Mayor, in periods of absence from the Town, may designate an individual to act in his/her stead for purposes of this section.

The Town shall forward the citizen's written complaint to the Contractor. In the event a Contractor wishes to contest a citizen's complaint, the contractor shall request a complaint review by the Mayor or Building Official. If a written response to the citizen's written complaint is not made by the Contractor within fourteen (14) days of the date the citizen's complaint is mailed to the Contractor, the Mayor or Building Official shall in his/her sole discretion place any condition upon the contractor's registration necessary to rectify the citizen's complaint including, but not limited to, revocation of the contractor's registration. No complaint other than one in writing may be used to revoke or otherwise place any condition upon any contractor's registration. Complaints that do not affect the citizens of the Town of Lakewood Village or residents of the ETJ will be summarily dismissed. The Mayor or Building Official shall issue his/her decision in writing to the Contractor and complaining citizen. The Contractor or citizen may appeal the Mayor or Building Official's decision to the Board of Appeals as set forth in Section 9. An appeal of the Mayor or Building Official's decision must be completed by written document within fourteen (14) days of the date of the Mayor or Building Official's decision. At any appeal to the Board of Appeals, the Contractor or citizen bear the burden to produce evidence establishing any error occun"ing in the Mayor or Building Official's decision regarding the contractor's registration.

SECTION 5. PERMIT APPLICATION A. A residential permit application consist of five (5) forms, which must be completed and signed by the Contractor and his or her registered mechanical, electrical, and plumbing contractors. These forms are the mechanical permit, electrical permit, plumbing permit, concrete permit, and application for building permit forms.

B. Detailed and accurate descriptions are required regarding the addresses and legal description of the subject property including Lot, Block and complete subdivision name with correct phase.

Ordinance 10-01 Building Ordinance Page 3of19 C. All contractors are required to be registered with the town and must have such approved registration on file before any permit will be issued.

SECTION 6. BUILDING PLAN PACKET SUBMISSION Along with the permit application forms set forth above, the following documents are required prior to any approval being granted in the quantity and detail as specified: A. Two (2) plot plans containing lot dimensions, plan footprint, set-backs (front, rear and sides) complete address, lot and block, subdivision and phase, utility and easement locations, engineers and contractors names, finish pad elevations, finish floor elevations, topographical elevations, driveways, sidewalks, fence locations, lot area, slab area, and coverage percent. All drawings provided must be to scale.

B. Two (2) foundation designs (11" x 17'' drawing and engineer letters) one of which must have an original signature and stamp.

C. Three (3) complete bound sets of construction drawings. Town Copy must be 11" x 17" or application will be automatically rejected without further action or notification by any Town Official. Plans must include elevations, framing details, including soffit overhang details, masonry percentage calculations, square foot calculations, electrical load calculations, electrical panel size, electrical panel location, mechanical specifications, foundation design letter must be address specific. All plans must be drawn by a state licensed architect and must be drawn to scale.

D. Two (2) sets of drainage plans must be provided. Town copy must be 11" x 17" drawn to scale, showing the actual dimensions and shape of the lot to be built upon. The drainage plans must show sea level elevations and all flatwork drawn to scale.

E. Floor plans, elevations, framing, roof plan, electrical and "to be built options" must be clearly shown and detailed. Single sheet submittals are not acceptable. HV AC and Plumbing design drawings are also required. Options reflecting additional buildable space must be identified by the actual square footage area and included in the permit values for total air-conditioned area and or construction area under roof.

F. Elevation drawings must clearly state that the structure meets the exterior requirements set forth below in Section 11 by the Town of Lakewood Village, or provide masonry calculations (i.e. Front % + Right % + Left % + Rear % = total masonry %) G. All drawings must be legible and show proper square footage for air-conditioned and total building areas.

H. One(!) Energy analysis (i.e.; MecCheck, ResCheck or Energy-Star) shall be provided by a certified professional.

Ordinance 10-01 Building Ordinance Page 4of19 I. All third party rater information and documentation must be submitted if an Energy Star Home is being constructed or modified.

J. Electrical Voltage Drop letter shall be provided and must be on the electrical contractors letterhead K. Mechanical Air Flow Calculations shall be provided and must be on the mechanical contractors letterhead L. A copy of the contract agreement between the contractor and the homeowner/landowner must be provided to the town, unless the homeowner/landowner is the contractor.

SECTION 7. PLAN REVIEW PROCESS All plans must be submitted to the Town of Lakewood Village for review. Plans are reviewed in the order they are received. The Town's goal in plan review is a one to two week tum around time for complete and accurately prepared submittal packages. Incomplete submissions may require additional time processing the plan review for the permit.

SECTION 8. LICENSING AND REGISTRATION REQUIREMENTS A. No person shall engage in the business of construction of new buildings or structures, or make any repairs, alterations, or changes to an existing building or structure, unless that person is registered as a Contractor by the Town. Provided however that (i) no license shall be required for work on any building or structure for which a building permit is not required by this code and (ii) persons who occupy and reside within any property as their home shall not be required to obtain a license or register with the Town.

B. All Contractors must register with the Town of Lakewood Village before applying for permits or performing any work. A master or contractor license in the specific trade is required to register as a Contractor. All licensed Journeymen working for the Contractor shall be listed on the contractor registration form. All work shall be supervised by a licensed individual, who must be within 5 minutes of any job under their supervision. A licensed residential wireman may supervise one helper or apprentice. Any work discovered being perfo1med without the required licensed personnel shall be conspicuously identified to prevent reuse and shall be removed. In addition to a citizen complaint, multiple violations of licensure requirements may result in suspension of a Contractors' registration. Any individuals found performing work without the required registration shall be required to leave the jobsite. A Contractor is defined as set forth above in Section 2. All registrations will expire on December 301h of each year. The General Contractor must carry insurance that covers all subcontractors and the projects they are actively working on under the General Contractor. In the event there is not a General Contractor, each subcontractor is required to supply the Town with a copy of their liability insurance with a minimum $100,000.00 policy coverage for each project. It will be the responsibility of the registered individuals to ensure that this process is complete before permits will be issued and any work in the specific trade is commenced.

Ordinance 10-01 Building Ordinance Page 5of19 The Town reserves the right to deny or revoke any contractor registration if there are justifiable reasons or violations as determined by the Town.

C. The following Contractors disciplines must follow the applicable registration process.

GENERAL CONTRACTORS. BUILDER REGISTRANTS: 1. Contractor registration filled out completely.

2. A valid State of Texas driver's license or photo I.D. card.

3. A valid certificate of liability insurance or bond in an amount no less than $1,000,000.00 kept in force for the duration of the project. Each project is required to have it's own policy.

4. Proof of registration with Texas Residential Construction Commission is required at the time ofregistration and for the duration of the project.

ELECTRICAL REGISTRANTS: I. Contractor registration filled out completely.

2. A valid Masters license is required at the time of registration and for the duration of the project.

3. A valid State of Texas driver's license or photo I.D. card.

4. All Journeyman and or Wireman performing work must be registered and posses a current license at the time of registration and for the duration of the project.

5. A list of additional persons authorized to sign applications and pick up approved permits for your company.

6. Proof of insurance as set forth in Section 8 (B) above.

PLUMBING REGISTRANT: I. Contractor registration application filled out completely.

2. A valid Masters license is required at the time of registration and for the duration of the project.

3. A valid State of Texas driver's license or photo l.D. card.

4. All journeyman, tradesman, and apprentices performing work must be registered and possess a current license at the time of registration and for the duration of the project.

5. A list of additional persons authorized to sign applications and pick up approved permits for your company.

6. Proof of insurance as set forth in Section 8 (B) above.

MECHANICAL REGISTRANT: I. Contractor registration application filled out completely.

2. A valid Masters license is required at the time of registration and forthe duration of the project.

3. A valid State of Texas driver's license or photo l.D. card.

4. A list of additional persons authorized to sign and pick up approved permits for your company.

5. Proof of insurance as set forth in Section 8 (B) above.

IRRIGATION REGISTRANT: Ordinance I 0-0 I Building Ordinance Page 6of19 1. Contractor registration application filled out completely.

2. A valid Irrigation license is required at the time of registration and for the duration of the project.

3. A valid State of Texas driver's license or photo l.D. card.

4. A list of additional persons authorized to sign applications and pick up approved permits for your company.

5. Proof of insurance as set forth in Section 8 (B) above.

BACKFLOW TESTER REGISTRANTS: I. Contractor registration application filled out completely.

2. A valid Backflow Testers License is required at the time of registration at the time of registration and for the duration of the project.

3. A valid State of Texas driver's license or photo I.D. card.

4. Proof of insurance as set forth in Section 8 (B) above.

SIGN CONTRACTOR REGISTRANT: I. Contractor registrant application filled out completely.

2. A valid State of Texas driver's license or photo I.D. card.

3. A list of additional persons authorized to sign applications and pick up approved permits for your company.

4. Proof of insurance as set forth in Section 8 (B) above.

THIRD PARTY INSPECTOR REGISTRANT: 1. Contractor registration application form filled out completely.

2. A valid State of Texas driver's license or photo l.D. card.

3. A list of qualified persons authorized to perform inspections.

4. Proof of certification 5. Proof of insurance as set forth in Section 8 (B) above.

ROOFING REGISTRANT: I. Contractor registration application filled out completely.

2. Valid State of Texas drivers license or photo l.D. card.

3. Proof of insurance as set forth in Section 8 (B) above.

CONCRETE REGISTRANT: 1. Contractor registration application filled out completely.

2. A valid State of Texas driver's license or photo I.D. card.

3. Proof of insurance as set forth in Section 8 (B) above.

FENCE I SCREENING WALL REGISTRANT: 1. Contractor registration application filled out completely.

2. A valid State of Texas driver's license or photo l.D. card.

3. Proof of insurance as set forth in Section 8 (B) above.

Ordinance I 0-0 I Building Ordinance Page 7 of19 D. Any registered Contractor that fails to maintain compliance with any provisions of this section shall cease all work being performed at the time the Contractor is no longer in compliance.

SECTION 9. BOARD OF APPEALS A. In order to hear and decide appeals of orders, decisions, or determinations made by the Building Official relative to the application and interpretation of this Ordinance, there shall be and is hereby created a Board of Appeals. The Town Council of the Town of Lakewood Village, Texas shall serve as the Board of Appeals. The Building Official shall be an ex-officio member of and shall act as secretary to the Board but shall have no vote on any matter before the Board. The Board shall adopt the rules of procedure for conducting its business, and shall render all decisions and finding in writing to the appellant with a duplicate copy to the Building Official.

I. The powers of the Board shall be as follows: a. To hear appeals from decisions of the Building Official b. To hear requests for the use of a material or method of construction not prescribed or authorized by this code, and to authorize the use when, in the Board's judgment, the material or method of construction is at least equivalent to that prescribed; and c. To hear complaints, after suspension of any Contractor's registration as set forth in Section 4(1), from the Building Official, or any citizen, arising against any person, firm, or business registered with the Town to perform construction work of any type and shall have the power, after a hearing, to revoke or suspend the registration for any of the following reasons: (i) Chronic violation of these codes and this ordinance: (ii) Misrepresentation of material facts in obtaining the said registration or any renewal thereof: (iii) Chronic failure to secure permits, inspections, or approvals as required by this code; (iv) Use of said registration to obtain a permit for another person, firm, or corporation; (v) Causing liens, other than the registrant's, to be improperly created on a citizen's property; (vi) Threatening any citizen in any manner; (vii) Committing any crime of violence within the Town; or (viii) Committing any single violation of these codes or this ordinance placing any citizen in imminent danger.

Ordinance 10-0 I Building Ordinance Page 8of19 2. The Board of Appeals shall have no authority relative to interpretation of the administration provisions of this Code nor shall the Board be empowered to waive requirements of this Code. SECTION 10. PREMISE IDENTIFICATION A. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting property.

Said numbers shall contrast with their background, and shall comply with the following provisions, as applicable: !. Residential occupancies shall have numbers a minimum of six (6) inches in height and be in a contrasting color to the background; 2. Duplexes shall have street and/or building numbers a minimum of eight (8) inches in height. When deemed necessary by the Town the street and/or building numbers may be required to be of a larger size for immediate and visible identification; 3. If the structure is more than two hundred (200) feet from a public street, the address shall also appear at the front or main entry to the property with numbers a minimum of six (6) inches in height.

4. When deemed necessary by the Town street or building numbers may be required on more than one side of the structure or property; 5. Building and/or street numbers shall be located in an area and lighted in a manner that will make them immediately discernible as approved by the Town.

SECTION 11 NEW CONSTRUCTION REQUIREMENTS A. Temporary buildings or structures such as reviewing stand and other miscellaneous structures, sheds, canopies, or fences used for the protection of the public around and in conjunction with construction work may be erected only by special permit from the Town Building Official for a limited period of time to be designated in said permit; provided, however, that no portable or moveable trailer or similar building or structure shall be permitted during any period of construction.

B. Temporary buildings or structures need not comply with the type of construction or fire resistive time periods required by this code. Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in this permit with all surface area restored to its natural state.

C. Portable toilets shall be provided at all construction job sites for which a building permit is required by this code.

Ordinance 10-01 Building Ordinance Page 9of19 D. All Contractors will comply with the town's construction site refuse control program as outlined here. All residential and/or commercial construction sites shall be responsible for providing at a minimum, one 20-yard open top roll-off bulk trash container for construction debris and refuse, or a temporary refuse containment structure with minimum dimensions of 81 L x 81 W x 41 H made of 111 extel'ior plywood secured tightly on all four corners and to the ground in some manner. The container should have a hinged drop down or swing gate on one side for debris removal access. The contractor will also provide a temporary removable top cover either of exterior plywood and or a heavy tarp for either type of debris storage receptacle to prevent flying debris from possible windy or stormy conditions, etc. If a roll-off trash receptacle is used it must be obtained from the waste company that is currently under contract with the Town of Lakewood Village.

Contractors are required to keep construction sites free and clear of trash at all times including no overflowing trash receptacles. The town administrative staff and designated building inspector reserve the right to perform unannounced spot inspections. If the construction site is found in violation of this ordinance then the construction site will be RED FLAGGED and an IMMEDIATE Stop Work Order will be issued with possible suspension of any registration. Once Red Flagged, the contractor will need to take corrective action to bring the work site to an acceptable condition and when compliance is obtained, the Red Flag will be lifted and construction activities may be resumed.

E. Effective erosion control is required prior to any constmction activity and will include the installation of an adequate and repositionable silt fence which should run along the property lot's inside border boundary above and adjacent to the drainage ditch area and the public roadway. The silt fence will be constrncted in a practical manner with the necessary openings so as to allow easy entry and exit from the roadway to the prope1ty constrnction site for all necessary construction equipment and machinery.

F. It is the responsibility of the Contractor to place the proper size culvert on the lot to gain access to the lot prior to any construction. Upon completion of construction the culve11s ends must be in concrete and the culve11 must continue the direction of the flow of drainage. All culvert sizes are obtained through the Town.

G. A Contractor is prohibited from adding dirt to the lot, benching the lot, or preparation of the lot prior to obtaining permit approval.

H. It is the responsibility of the Contractors to keep a copy of all approved plans on the construction site at all times. They must be placed in a water tight container. All paperwork due to the inspector for inspection purposes and in compliance with this ordinance must be placed within this container. The replacement of any lost or stolen permits will be at a cost of $10.00 per occurrence.

I. Energy Conservation Code Compliance

Ordinance I 0-0 l Building Ordinance Page 10of19 1 All residential construction shall comply with the following simplified requirements or provide other approved energy compliance documentation (i.e. MecCheck, ResCheck, or Energy Star). These are minimum requirements.

1. Attic Insulation (blown)= R38 2. Exterior Sloped Ceilings (blanket)= RI 9 3. Floor insulation (blanket)= Rl9 4. Exterior Wall Insulation= RI 3 5. Environmental Air Duct in unconditioned Spaces= R6 (supply & return) 6. Windows= U.65 SHGC = .40 7. NC system efficiency minimum of 13 SEER 2. Each window assembly (doors with 50% or more glazing) is required to display at the time of insulation a certificate rating label indicating the National Fenestration Rating Council has tested the assembly. The label shall not be removed until after insulation inspection has been completed and approved. Window assemblies, which do not bear a certification rating shall be failed and removed from the window opening.

J. Energy Star Homes 1. A third party rater plan review and inspection/testing by RESNET agency certified for the State of Texas will be required. Both voluntary and mandatory compliance will require two complete copies of rater analysis with building plan submission for building permit. Raters air-conditioning must be within 1% of plan/permit area.

Contractors shall employ the same rater for plan review, inspection, and testing.

2. A third party verification form must be completely filled out, indicating final "HERS" rating score prior to the builders request for final inspection and certificate of occupancy.

3. To verify compliance with Environmental Protection Agency, the Town of Lakewood Village will not issue a ce1tificate of occupancy until all required documentation has been submitted and approved. This will only apply to homes that fall under this category.

K. Upon completion of construction, no one may occupy or move any objects into or onto the property of new construction until a Certificate of Occupancy inspection has been performed and passed by an official of the Town. This is a separate inspection from the Final 100% complete inspection. Violation of this requirement will result in all utilities being disconnected until such time as a Certificate of Occupancy has been issued after all the proper inspections have been performed.

L. Secondary structures will be permitted as new construction with minimum square footage requirements waived as long as secondary structure is contained within the property lines of the primary residence lot(s) and required set backs are met. Any secondary structure

Ordinance I 0-0 I Building Ordinance Page 11of19 built on any adjacent lot must conform to the minimum square footage requirements of that section as stated in Ordinance 83-0lA Section 9 as amended or revised unless both lots are re-platted as a single lot and said plat is filed on record with Denton County, Texas. Proper proof of filing with Denton County, Texas must be provided to the Town at the time the building permit is sought.

M. All new building construction will have a garage with the following requirements: 1. There shall be no front-facing garages on any new construction. Where the configuration of the ground is such that conformity with this provision of this ordinance would work a hardship, the Town Council may permit a variance.

2. There shall be a garage size requirement on all new construction of a minimum of feet in width and 22 feet in depth. Where the configuration of the ground is such that conformity with this provision of this ordinance would work a hardship, the Town Council may permit a variance.

N. Driveways 1. All new building construction will have a driveway. The pouring requirements are as follows: a. The Contractor shall notify the Town of when they are scheduled to pour within 48-hours prior to pouring. b. No concrete will be poured before 7:00 a.m. c. At the time of the scheduled pour, and prior to driving to the location of the pour, the Contractor and concrete registrant will be responsible for turning in all weight tickets to the Town. d. As per Weight Ordinance No. 98-09 Section 3 (C) as amended or revised, the gross weight limit on Town streets for a ready-mix concrete truck shall be 58,420 lbs. e. The minimum thickness of six (6) inches and minimum compression strength shall be 3000 psi at 28 days. f. Driveways shall be a minimum of IO foot wide, in Town Section S driveways shall be a minimum of 12 foot wide.

g. 3/8 inch rebar with no greater than 16 inch centers is required on all driveway construction. Re-bar placement must be inspected 48-hours prior to the pouring of concrete. h. All driveways must properly tie into the street. The Contractor is responsible for any road damage that may occur during the construction of the permitted project. All roads must be restored at least to their original condition prior to receiving their 100% final inspection. i. It shall be unlawful for any person, firm, or corporation or other legal entity to erect, construct, enlarge, alter, repair, move, improve, convert, or demolish

Ordinance I 0-0 I Building Ordinance Page 12of19

any flatwork or driveway or cause to permit the same to be done in violation of this ordinance. j. A driveway permit that would place the water meter, water valve and meter box in the driveway shall provide, as a condition of said permit, for the removal of the water meter, water valve, and meter box out of the driveway, at the home and/or land owners expense. Replacement of the water meter, water valve, and meter box shall be in a manner were the meter can be serviced with an additional inspection on the plumbing performed by the Building Official at an additional cost of $75.00. A licensed plumber who is registered to work in the Town of Lakewood Village shall perform the replacement of the water meter, water valve, and meter box.

0. A form survey will be completed at the time that the forms are in position before the concrete is poured to ensure that the location of the slab is in compliance with all town ordinances. A copy of the form survey will be submitted to the Town.

P. Height. There shall be no buildings, residential or commercial, that exceed 35 foot in height. Any exceptions are outlined in the Zoning Ordinance 83-0lA, as amended or revised.

Q. The exterior facades of a main building or structure, excluding glass windows and doors shall be constructed of eighty (80) percent masonry requirement on all new construction for anything over 200 square feet or greater. Cementatious fiber board shall not be considered masonry; cementatious fiber board may be used to replace existing siding on existing structures, with pre-approval of the Building Official. Cementatious fiber board may also be used for architectural features, including window box-outs, bay windows, roof dormers, garage door headers, columns, or other architectural features approved by the Building Official.

R. Wood roof shingles are prohibited.

S. The use of Stucco, various types of stucco and installation procedures must have prior approval from the Building Official. If approved, the builder must provide the installer's certification and certificate for the Town's files. Only true three coat stuccoing will be considered. Additional inspections are required at, hath, scratch coat, and brown coat.

T. Exterior Insulation Finish System (EIFS) shall not be permitted on any construction.

U. Construction work times shall begin no earlier than 7:00 a.m. and shall end no later than 7:00 p.m.

V. All roof pitches shall have a minimum of four (4) inches over twelve (12) inches.

W. The Town will grant approval to initiate electrical service for permanent or temporary use.

Ordinance 10-01 Building Ordinance Page 13of19 X. All new construction shall have gutters installed in accordance to the submitted drainage plan with the minimum of the entire front of house, all exits, and above all air- conditioning units.

Y. It is also the responsibility of the Contractor to ensure the grading of the ditches or easements continue the flow of drainage prior to receiving the 100% Final Inspection. Lot to lot drainage is not allowed.

Z. All property comers must be permanently identifiable.

SECTION 12 INSPECTION REQUIREMENTS A. Request for Inspections FAXED REQUESTS: Faxed requests will be accepted until 8:00 a.m. for inspection within 48 hours. Official time will be accounted for based on time noted on the received fax. Receipt of any faxed request without a date and time set forth in a proper header will not be processed. Missing the cut off time will require the inspection to be made on the following business day. Fax number is provided in the Contractor Guidelines TELEPHONE REQUESTS: Telephone requests will be accepted until 11 :00 AM for inspection within 48 hours.

Official time will be accounted for based on the time call is received or by voice mail time stamp. Missing the cut off time will require the inspection to be made on the following business day. All phone numbers are provided in the Contractors Guideline.

Inspector will leave the inspection tag on site in a designated water-tight box that is provided by the Contractor.

B. Building permits will include inspections performed during the following construction stages: I. T-Pole 2. Plumbing Rough, form board surveys are due at this time on site 3. WaterTap 4. SewerTap 5. Pier and Beam 6. Foundation 7. Pre-frame, prior to any roof decking, soffit, or fascia 8. Frame 9. Mechanical 10. Electrical 11. Plumbing Top Out 12. 4 foot brick tie inspection 13. Electrical/Gas Meter Release Ordinance I 0-0 I Building Ordinance Page 14 of19 14. Flatwork 15. 100% Final 16. Certificate of Occupancy • All Third party insulation inspections reports are due prior to the electrical/gas meter release. • At the time of the scheduled pour, and prior to driving to the location of the pour, the Contractor will be responsible for turning in all weight tickets to the Town. • Inspectors will not provide more than ten (10) items of which need corrected.

Once ten (10) items have been noted for corrections the inspection will be stopped and failed until all items have been corrected. • Termite letter, Customer Service Inspection letter, and the Final Grade survey is due on site at the 100% Final Inspection. • Piers must be inspected by an independent contractor. A copy of the inspection must be supplied to the Town prior to calling in the next inspection.

C. Mandatory re-inspections. All Contractors shall have one ( 1) week to fix all items from the prior inspection. The Building Official will immediately fail and discontinue the re- inspection upon finding a prior failed item that was listed on the prior inspection tag. All items must be inspected prior to cover up, i.e. concrete and sheet rock. Mandatory re- inspections shall continue weekly until such time as the inspection is passed, and subject to the re-inspection fees below.

D. Re-inspection fees. The Town shall charge up to $100.00 for the first re-inspection. With each subsequent re-inspection the Town shall increase the re-inspection fee, for the failed inspection only, by $100.00 each time it fails, up to a maximum of $1,000.00 per inspection.

E. Local amendments to the International Plumbing Code for new construction will meet the following: 1. No air admittance valve shall be permitted 2. All underground domestic water supply shall be copper, 1 inch copper type L service line with a one inch meter.

3. Termite shield wire mesh is required on all plumbing into the house.

F. Local amendments to the National Electric Code for new construction will meet the following: 1. Minimum size wire shall be # 12.

G. It is the responsibility of the Contractor to provide what the inspector may need to perform the inspections, i.e. a ladder, temporary lighting, etc. Temporary lighting is required for all House Seconds and Rough Inspections to be installed prior to request for

Ordinance 10-01 Building Ordinance Page 15of19 inspections. Should temporary lighting not be in place, the inspection will be failed and subject to 12 (C) above.

H. All Sprinkler Contractors must have the Backflow Prevention Form filed with the Town of Lakewood Village prior to hooking the system up to the water supply.

I. All inspections must be performed during daylight hours.

SECTION 13. EXISTING CONSTRUCTION I REPAIRS I REMODELING REQUIREMENTS A. All remodels and repairs for buildings over 200 square feet, inspections are required only as they apply to the permitted improvements, applicable building codes and Town ordinances.

B. All new construction foundation plans are to be drawn and sealed by an Engineer licensed by the State of Texas.

C. An application for flatwork must be submitted to the Town for approval. Flatwork must follow all other flatwork requirements within this ordinance.

D. Erosion control is required prior to any construction and must be maintained throughout construction completion.

E. All remodels, repairs, alterations, must have two (2) copies of the plot plans turned into the Town showing the actual dimensions and shape of the lot to be built upon or altered, the exact sizes and locations on the lot of any already existing buildings, and the location and dimensions of the proposed building or alteration.

F. Two copies of the existing house plans prior to any alterations, remodels or repair must be turned in prior to approval of the permit.

SECTION 14. AUTHORITY OF THE BUILDING OFFICIAL The Town's Building Official shall have the authority and power to enforce all provisions of all ordinances passed and approved by the Town of Lakewood Village, Texas and all codes contained within this ordinance and all amendments.

SECTION 15. PENALTY It shall be unlawful for any person to violate any provision of this ordinance. Any person violating or failing to comply with any provisions hereof shall be fined, upon conviction, in an amount not more than two thousand dollars ($ 2,000.00). Each day during or on which a violation occurs or continues shall be a separate offense.

Ordinance 10-01 Building Ordinance Page 16of19 SECTION 16. REPEALER Previous Building Code ordinance 06-06/\ and all of its amenclmenls and revisions are hereby repealed in lhei r enti rely.

SECTION 17. SEVERABILITY The provisions of this ord inance are severable and if any scclion, article, paragraph, sentence, clause, phrase, or word in this ordinance or appl icalion thereof to any person or circumstance is held invalid or unconstitutional by a Courl or compelent jurisdiclion such holding shall not affect the validity of the remaining porlions or!his ord inance despi te such invalidity, which remaining porlions shall remain in full force and effect.

SECTION 18. EFFECTIVE DATE This ordinance shall become effective rrom and arter its date of adoption and publication as requ ired by law.

PASSED and APPROVED by the Town Counci l or the Town of Lakewood Village. Texas !his !he 14t h clay of January, 20 I 0.

ATTEST:

,~',.l1 · l.·. Jl J:NV(I

Linda Asbell, Town Secretary Town of Lakewood Village, Texas

Ordinance I 0-0 1 Building Ordinance Page 17of 19 EXHIBIT A FEES: A. Building Permit Fees inside the Town- the building permit fee shall be $1,500.00 for the minimum square footage, plus $1.25 for each square foot of the building or structure which exceeds the minimum square footage requirement of the particular zoning district in which the building is located.

B. Building Permit Fees inside the ETJ - The building permit fee shall be $1.25 for each square foot of the building C. Water/Sewer Taps -The charges for tapping water mains and conveying the water to the property line shall be a minimum of $900.00 plus any other expenses the town incurs. All costs and expenses for labor and materials incurred by the Contractor which costs include, but are not limited to, meter boxes, couplings, tubing, and necessary excavation work are the responsibility of the Contractor. It is the responsibility of the Contractor to ensure all meters, water shut off valves, and fire hydrants are brought up to grade by use of risers prior to receiving the water tap inspections. Meter boxes cannot be made of plastic.

D. Flatwork Permit Fees -$250.00 for any flatwork, other than foundations, which includes, but is not limited to, flatwork greater than 200 square foot or greater, sidewalks, driveways and patios for the first two inspections, each subsequent inspection shall be $75.00 per inspection after the second inspection.

E. Driveway Permits -$200.00. A driveway permit that would place the water meter, water valve and meter box in the driveway shall have a condition of said driveway permit for the removal of the water meter, water valve, and meter box out of the driveway, at the home and/or land owners expense. Replacement of the water meter, water valve, and meter box shall be in a manner were the meter can be serviced with an additional inspection on the plumbing performed by the Building Official at the cost of $75.00 F. Plan Review Fees - When documents are submitted a plan review fee shall be paid at the time of submittal. The plan review fee shall be 65% of the building permit fee. The plan review fee is a separate fee from all other fees and is in addition to the permit fee.

G. Registration Fees -- General Contractor $500, sub-contractors and others $100 per person/per year H. Fence Permit -- $150.00 I. Sprinkler Permit -- $150.00.

J. Electrical Permit -- $150.00 K. Plumbing Permit -- $150.00

Ordinance I 0-0 I Building Ordinance Page 18of19 EXHIBIT A PAGE TWO FEES (continued):

L. Miscellaneous Permits -- $150.00 if not more than two inspections are required. For each inspection required over two an additional fee of $75 will be applicable.

L. Pool Permits -- $500.00. Ordinance 98-06A is incorporated herein as revised or amended.

Soil reports are required for all pool construction prior to permitting.

M. Spa Permits -- $250.00. Ordinance 98-06A is incorporated herein as revised or amended.

N. The Board of Appeals fee for structures up to 500 square feet - $100.00, 501 square feet up to 5,000 square feet - $250.00, structures over 5001 square feet - $500.00.

0. Stucco Exterior Finish -- $250, in addition to any necessary building permits, requires 3 additional inspections.

Ordinance 10-01 Building Ordinance Page 19of19

Exhibit 22

STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD CO UNTY OF DENTON ) I hereby certify. in the performance or the functions of my office. that th e attached instruments are full. true and correct copies of Town of Lakewood Vill age Ord inance 11 -04. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Vi llage. Denton County . Texas, and are kept in said office .

I fu11her certify that r am the Town Secretary of the Town of Lakewood Village. that 1 have legal cust0dy of said records, and that I am a lawfu l possessor and keeper of the records in said office.

In witness whereof I have hereunto set my hand nnd affixed the o ffi cial seal of The Town o f Lakewood Village th is 26th day o f March. 20 14.

TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE NO. 11-04 AN ORDINANCE TO ADOPT THE 2006 INTERNATIONAL MECHANICAL CODE, WITHIN THE TOWN OF LAKEWOOD VILLAGE AND THE TOWN OF LAKEWOOD VILLAGE EXTRATERRITORTIAL JURISDICTION; PROVIDING A SAVINGS/REPEALING CLAUSE, PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE WHEREAS, the Town Council of the Town of Lakewood Village, Texas ("Town Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the Town of Lakewood Village, Texas and the citizens inside the Town of Lakewood Village Extraterritorial Jurisdiction (collectively "Lakewood Village") to adopt the 2006 Edition of the International Mechanical Code, save and except the deletions and amendments set forth below.

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein.

SECTION 2: Adoption of the 2006 International Mechanical Code. The International Mechanical Code, 2006 Edition, copyrighted by the International Code Council, Inc., save and except the deletions and amendments set forth in Exhibit "A", attached hereto and incorporated herein for all purposes, is hereby adopted as the mechanical code for Lakewood Village, regulating the design, installation, maintenance, addition, alteration, and inspection of mechanical systems that are permanently installed and utilized to provide control of environmental conditions and related processes within Lakewood Village (The "2006 International Mechanical Code"). The 2006 International Mechanical Code is made a part of this Ordinance as if fully set forth herein SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of

the ordinance. Any remaini11g portion of conflicting ordinances shall remain in full force and effect.

SECTION 4: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction therefore, shall be fined a sum not exceeding Two Thousand DoJlars ($2,000.00), and each and every day that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation. Lakewood Village retains all legal rights and remedies available to it pursuant to local, state and federal law.

SECTION 5: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Lakewood Village hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, i1Tespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional.

SECTION 6: Effective Date. This Ordinance shall become effective upon its passage and publication as required by law.

DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF LAKE\.VOOD VILLAGE, TEXAS, on thjs 12th day of MAY, 2011.

t1c~ own of Lakewood Viilage ATTEST

~ohb&e lL Linda Asbell, Town Secretary Town of Lakewood Village

Ordinance 11-04 2006 International Mechanical Code Page 2of5 Exhibit "A" Town of Lakewood Village 2006 International Mechanical Code The following additions, deletions, and amendments to the 2006 International Mechanical Code adopted herein are hereby approved and adopted.

Chapter 1. Administration of the 2006 International Mechanical Code is amended as follows: Section 102 Applicability of the 2006 International Mechanical Code is amended as follows: 102.8 Referenced codes and standards. The codes and standards referenced herein shall be those that are listed in Chapter 15 and such codes, when specifically adopted, and standards shall be considered as part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFP A 70 or the ICC Electrical Code shall mean the Electrical Code as adopted by the Town of Lakewood Village as it currently exist or may be amended. Where requirements in this code conflict with any requirements of other adopted codes by the Town of Lakewood Village the most stringent requirements shall apply.

Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and the manufacturer's installation instructions shall apply.

Section 106 Permits of the 2006 International Mechanical Code is amended as follows: 106.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 90 days after the date of filing unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

106.4.3 Expiration. Every permit issued by the code official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work recommences, a new permit shall be first obtained and the fee, therefore, shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original construction documents Ordinance 11-04 2006 International Mechanical Code Page 3 of5 for such work, and provided further that such suspension or abandonment has not exceeded one year.

106.5.2 Fee schedule. The fees for mechanical work shall be as indicated in the Town of Lakewood Village Building Inspections Fee Schedule 106.5.3 Fee refunds. The code official shall authorize the refunding of fees as follows.

1. The full amount of any fee paid hereunder which was erroneously paid or collected.

2. Not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than 50 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended.

The code official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment.

Chapter 3 Regulations of the 2006 International Mechanical Code is amended as follows: Section 304 Installation of the 2006 International Mechanical Code is amended as follows: 304.9 Clearances from grade. Equipment and appliances installed at grade level shall be supported on a level concrete slab extending above adjoining grade a minimum of3 inches (76 mm) or shall be suspended a minimwn of 6 inches (152 mm) above adjoining grade.

Section 306 Access and service space of the 2006 International Mechanical Code is amended as follows: 306.3 Appliances in attics. Attics containing appliances requiring access shall be provided with an opening and unobstructed passageway large enough to allow removal of the largest appliance. The passageway shall not be less than 30 inches (762 mm) high and 22 inches (559 mm) wide and not more than 20 feet (6096 mm) in length measured along the center line of the passageway from the opening to the appliance. The passageway shall have continuous unobstructed solid flooring not less than 24 inches (610 mm) wide. A level service space not less than 30 inches (762 mm) deep and 30 inches (762 mm) wide shall be present at the front or service side of the appliance. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), where such Ordinance 11-04 2006 International Mechanical Code Page 4of5 dimensions are large enough to allow removal of the largest appliance. As a minimum, access to the attic space shall be provided by one of the following: 1. Permanent stairs or ladder fastened to the building.

2. A pull down stair with a minimum 300 lb. rating.

3. An access door from an upper floor.

Exceptions: 1. The passageway and level service space are not required where the appliance can be serviced and removed through the required opening.

2. Where the passageway is unobstructed and not less than 6 feet (1829 mm) high and 22 inches (559 mm) wide for its entire length, the passageway shall be not more than 50 feet (15 250 mm) long.

Chapter 5 Exhaust Systems of the 2006 International Mechanical Code is amended as follows: Section 504 Clothes dryer exhaust of the 2006 International Mechanical Code is amended as follows: 504.6.1 Maximum length. The maximum length of a clothes dryer exhaust duct shall not exceed 25 feet (7620 mm) from the dryer location to the outlet terminal.

The maximum length of the duct shall be reduced 21/2 feet (762 mm) for each 45 degree (0.79 rad) bend and 5 feet (1524 mm) for each 90 degree (1.6 rad) bend.

The maximum length of the exhaust duct does not include the transition duct.

Exception: Where the make and model of the clothes dryer to be installed is known and the manufacturer's installation instructions for such dryer are provided to the code official, the maximum length of the exhaust duct, including any transition duct, shall be permitted to be in accordance with the dryer manufacturer's installation instructions, and provided that a 4 inch by six inch sign red in color with white letters is permanently affixed to the structure stating the following: Warning: Dryer must be approved for vent length not to exceed 40 feet total developed length (TDL). Duct Size: (Insert Number) Total Developed Length: (Insert Number) Chapter 6 Duct systems of the 2006 International Mechanical Code is amended as follows: Section 603 Duct construction and installation of the 2006 International Mechanical Code is amended as follows: 603.6.1.1 Duct length. For other than residential construction, flexible ducts shall be limited to 5 foot connections at end of duct runs.

End of Exhibit "A" Ordinance 11-04 2006 International Mechanical Code Page 5 of5 Exhibit 23

STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DE:NTON ) l hereby certify, in the performance of the fun ctions of my office, th at the attached instruments are full , true and correct copies of Town of Lakewood Vi llage Ord inance 11-08. The same appear o f record in my office and said documents are the offic ia l records from the public office of the Town Secreta ry of the Town of Lakewood V illage. Denton County, Texas. and are kept in said office.

I further certify that l am the Town Secretary o r Lhc Town of Lakewood V illage, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office.

fn witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Vi llage this 26th day of March, 20 14.

~cLc~~&o2. ~bell.TRMC, Town Secretary Tovvn of Lakewood Vi llage Denton Co unty State of Texas

TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE N0.11-08 AN ORDINANCE TO ADOPT THE 2005 NATIONAL ELECTRICAL CODE, WITHIN THE TOWN OF LAKEWOOD VILLAGE AND THE TOWN OF LAKEWOOD VILLAGE EXTRA TERRITORTIAL JURISDICTION; PROVIDING A SAVINGS/REPEALING CLAUSE, PROVIDING A PENAL TY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Town Council of the Town of Lakewood Village, Texas ("Town Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the Town of Lakewood Village, Texas and the citizens inside the Town of Lakewood Village Extraterritorial Jurisdiction (collectively "Lakewood Village") to adopt the 2005 Edition of the National Electrical Code, save and except the deletions and amendments set forth below.

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein.

SECTION 2: Adoption of the 2005 National Electrical Code. The National Electrical Code, 2005 Edition, copyrighted by the National Fire Protection Association including Annex G, save and except the deletions and amendments set forth in Exhibit "A", attached hereto and incorporated herein for all purposes, is hereby adopted as the Electrical code for Lakewood Village, regulating the construction, alteration, removal, use, and/or maintenance of any electrical wiring, apparatus, device, or system within Lakewood Village (The "2005 National Electrical Code"). The 2005 National Electrical Code including Annex G is made a part of this Ordinance as if fully set forth herein.

SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect.

SECTION 4: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction therefore, shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00), and each and every day that such violation continues shall be considered a separate offense; provided,

however, that such penal provision shall not preclude a suit to enjoin such violation. Lakewood Village retains all legal rights and remedies available to it pursuant to local, state and federal law.

SECTION 5: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining p01tions of this Ordinance. Lakewood Village hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, i1Tespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional.

SECTION 6: Effective Date. This Ordinance shall become effective upon its passage and publication as required by law.

DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS, on th.is 12th day of MAY, 2011.

$.s~ayor Town of Lakewood Village ATTEST

Linda Asbell, Town Secretary Town of Lakewood Village

Ordinance 11-08 2005 National Electrical Code Page 2of6

Exhibit "A" Town of Lakewood Village 2005 National Electrical Code The following additions, deletions, and amendments to the 2005 National Electrical Code adopted herein are hereby approved and adopted.

Chapter 3 Wiring Methods and Material of the 2005 National Electrical Code is amended as follows: Article 300 Wiring Methods of the 2005 National Electrical Code is amended as follows: 300.1 Scope (A) All Wiring Installations This article covers wiring methods for all wiring installations unless modified by other articles.

Article 310 Conductors for General Wiring of the 2005 National Electrical Code is amended as follows: 310.2 Conductors (B) Conductor Material Conductors in this article shall be of copper unless otherwise specified. Use of aluminum 1/0 and larger is allowed for multifamily and commercial use only. All grounding and bonding conductors shall be of copper. All electrical conductors for commercial, office, or industrial installation shall be installed in approved conduits or raceways regardless of type of construction.

310.5 Minimum Size of Conductors The minimum size of conductors shall be as shown in Table 310.5, except for low voltage control circuits.

Table 310.5 Minimum Size of Conductors Conductor Minimum Conductor Size (A WG) Voltage Rating (Volts) Aluminum or Copper-Clad Aluminum Copper Aluminum (only feeders allowed)

0-2000 12 1/0 2001-8000 8 1/0 8001-15,000 2 1/0 15,001-28,000 1 1/0 28,001-35,000 1/0 1/0

310.14 Aluminum Conductor Material Ordinance 11-08 2005 National Electrical Code Page 3of6 Solid aluminum conductors 8, 10, and 12 AWG shall be made of an AA-8000 series electrical grade aluminum alloy conductor material. For multifamily and commercial use only. Stranded aluminum conductors 8 A WG 1/0 through 1000 kcmil marked as Type RHH, RHW, XHHW, THW, THHW, THWN, THHN, service-entrance Type SE Style U and SE Style R shall be made of an AA-8000 series electrical grade aluminum alloy conductor material. Documentation of all installations shall be provided for torque and terminations as required by article 110.

ARTICLE 334 Nonmetallic-Sheathed Cable: Types NM, NMC, and NMS of the 2005 National Electrical Code is amended as follows: 334.12 Uses Not Permitted (A) Types NM, NMC, and NMS Types NM, NMC, and NMS cables shall not be permitted as follows: (1) In any dwelling or structure not specifically permitted in 334.10(1), (2), and (3) (2) Exposed in dropped or suspended ceilings in other than one- and two-family and multifamily dwellings (3) As service-entrance cable (4) In commercial garages having hazardous (classified) locations as defined in 511.3 (5) In theaters and similar locations, except where permitted in 518.4(B) (6) In motion picture studios (7) In storage battery rooms (8) In hoistways or on elevators or escalators (9) Embedded in poured cement, concrete, or aggregate (10) In hazardous (classified) locations, except where permitted by the following: a. 501.10(B)(3) b. 502.10(B)(3) c. 504.20 (11) In building where it would be required to pass through either factory or field punched, cut, or drilled slots or holes in metal members.

Chapter 6 Special Equipment of the 2005 National Electrical Code is amended as follows: ARTICLE 680 Swimming Pools, Fountains, and Similar Installations of the 2005 National Electrical Code is amended as follows:

680. 71 Protection Hydromassage bathtubs and their associated electrical components shall be protected by a dedicated_ground-fault circuit interrupter. All 125-volt, single- Ordinance 11-08 2005 National Electrical Code Page 4of6 phase receptacles not exceeding 30 amperes and located within 1.5 m (5 ft) measured horizontally of the inside walls of a hydromassage tub shall be protected by a ground-fault circuit interrupter(s).

Annex G Administration and Enforcement of the 2005 National Electrical Code is amended as follows: 80.15 Electrical Board. This Section deleted in its entirety.

80.23 Notice of Violations, Penalties.

Notice of violations and penalties shall conform to 80.23(A) and (B).

(B) Penalties.

(1) Any person who fails to comply with the provisions of this Code or who fails to carry out an order made pursuant to this Code or violates any condition attached to a permit, approval, or certificate shall be subject to the penalties established by this jurisdiction. (2) Failure to comply with the time limits of an abatement notice or other corrective notice issued by the authority having jurisdiction shall result in each day that such violation continues being regarded as a new and separate offense. (3) Any person who commences any work on an electrical system before obtaining the necessary permits shall be subject to a Penalty of 100% of the usual permit fee in addition to the required permit fees.

80.25 Connection to Electricity Supply.

Connections to the electric supply shall conform to 80.25(A) through (E).

80.27 Inspector's Qualifications.

(A) Certificate.

All electrical inspectors shall be certified by a nationally recognized inspector certification program. The certification program shall specifically qualify the inspector in electrical inspections. No person shall be employed as an Electrical Inspector unless that person is the holder of an Electrical Inspector's certificate of qualification, or can obtain the certificate of qualification within 6 months of initial hire issued by a nationally recognized inspector certification program.

(B) Experience.

Electrical inspector applicants shall demonstrate the following: Ordinance 11-08 2005 National Electrical Code Page 5of6 ( 1) Have a demonstrated knowledge of the standard materials and methods used in the installation of electric equipment (2) Be well versed in the approved methods of construction for safety to persons and property (3) Be well versed in the statutes and ordinances of The Town of Lakewood Village relating to electrical work and the National Electrical Code, as approved by the American National Standards Institute (4) Have had at least l years! experience as an Electrical Inspector or 2 years in the installation of electrical equipment. In lieu of such experience, the applicant shall be a graduate in electrical engineering or of a similar curriculum of a college or university considered by the Board as having suitable requirements for graduation and shall have had two years' practical electrical expenence.

80.29 Liability for Damages.

Article 80 shall not be construed to affect the responsibility or liability of any party owning, designing, operating, controlling, or installing any electric equipment for damages to persons or property caused by a defect therein, nor shall the Town of Lakewood Village or any of its employees or agents be held as assuming any such liability by reason of the inspection, reinspection, or other examination authorized.

80.35 Effective Date.

Article 80 shall take effect July 1, 2009 after its passage and publication.

End of Exhibit "A"

Ordinance 11-08 2005 National Electrical Code Page 6of6 Exhibit 24

STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the perform ance of the functions o r my office, that the attached instruments ru·e ful l, true and correct copies of Town of Lakewood Village O rdinance 11-09. The same appear of record in my offi ce and said documents are the offici a l records from the public office o f the Town Secretary of the Town of Lakewood Village. Denton County, Texas, ru1d are kept in sa id office.

I further certify that I am the Town Secretary or the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawfu l possessor and keeper of the records in said office.

In witness whereof I have hereunto ser my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 20 14.

~cLo.~W . ~ell, TRMC. Town Secretary Town of Lakewood Village Denton County State of Texas

TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE NO. 11-09 AN ORDINANCE TO ADOPT THE 2006 INTERNATIONAL PLUMBING CODE, WITHIN THE TOWN OF LAKEWOOD VILLAGE AND THE TOWN OF LAKEWOOD VILLAGE EXTRATERRITORTIAL JURISDICTION; PROVIDING A SAVINGS/REPEALING CLAUSE, PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Town Council of the Town of Lakewood Village, Texas ("Town Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the Town of Lakewood Village, Texas and the citizens inside the Town of Lakewood Village Extraterritorial Jurisdiction (collectively "Lakewood Village") to adopt the 2006 Edition of the International Plumbing Code, save and except the deletions and amendments set forth below.

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein.

SECTION 2: Adoption of the 2006 International Plumbing Code. The International Plumbing Code, 2006 Edition, copyrighted by the International Code Council, Inc., save and except the deletions and amendments set forth in Exhibit "A", attached hereto and incorporated herein for all purposes, is hereby adopted as the Plumbing Code for Lakewood Village, regulating the erection, installation, alteration, repairs, relocation, replacement, addition to, use or maintenance of plumbing systems within Lakewood Village (The "2006 International Plumbing Code"). The 2006 International Plumbing Code is made a part of this Ordinance as if fully set forth herein.

SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect.

SECTION 4: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction therefore, shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00), and each and

every day that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation. Lakewood Village retains all legal rights and remedies available to it pursuant to local, state and federal law.

SECTION 5: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Lakewood Village hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, inespective of the fact that any one or more sections, subsections, sentences, clauses, ru1d phrases be declared unconstitutional.

SECTION 6: Effective Date. This Ordinru1ce shall become effective upon its passage and publication as required by Jaw.

DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VJLLAGE, TEXAS, on this 12th day of MAY, 2011.

Mi~ Scl1J1ittker, Mayor Town of Lakewood Village ATTEST

~JcJ9k&Q~ Linda Asbell, Town Secretary Town of Lakewood Village

Ordinru1ce 11-09 2006 International Plumbing Code Page 2of4 Exhibit "A" Town of Lakewood Village 2006 International Plumbing Code The following additions, deletions, and amendments to the 2006 International Plumbing Code adopted herein are hereby approved and adopted.

Chapter 1. Administration of the 2006 International Plumbing Code is amended as follows: Section 102 Applicability of the 2006 International Plumbing Code is amended as follows: 102.8 Referenced codes and standards. The codes and standards referenced herein shall be those that are listed in Chapter 15 and such codes, when specifically adopted, and standards shall be considered as part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFP A 70 or the ICC Electrical Code shall mean the Electrical Code as adopted by the Town of Lakewood Village as it currently exist or may be amended. Where requirements in this code conflict with any requirements of other adopted codes by the Town of Lakewood Village the most stringent requirements shall apply.

Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and the manufacturer's installation instructions shall apply.

Section 106 Permits of the 2006 International Plumbing Code is amended as follows: 106.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 90 days after the date of filing unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

106.5.3 Expiration. Every permit issued by the code official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced and received a minimum of one approved inspection within 180 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work recommences, a new Ordinance 11-09 2006 International Plumbing Code Page 3 of 4 permit shall be first obtained and the fee, therefore, shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded one year.

106.6.2 Fee schedule. The fees for Plumbing work shall be as indicated in the Town of Lakewood Village Building Inspections Fee Schedule 106.6.3 Fee refunds. The code official shall authorize the refunding of fees as follows.

1. The full amount of any fee paid hereunder which was erroneously paid or collected.

2. Not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than 50 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended.

The code official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment.

Chapter 9. Vents of the 2006 International Plumbing Code is amended as follows: Section 917 Air Admittance Valves of the 2006 International Plumbing Code is amended as follows: 917.3 Where permitted. Individual, branch and circuit vents shall be permitted to terminate with a connection to an individual or branch-type air admittance valve.

Stack vents and vent stacks shall be permitted to terminate to stack-type air admittance valves. Individual and branch-type air admittance valves shall vent only fixtures that are on the same floor level and connect to a horizontal branch drain. The horizontal branch drain having individual and branch-type air admittance valves shall conform to Section 917.3.l or 917.3.2. Stack-type air admittance valves shall conform to Section 917.3.3. Air admittance valves shall only be installed with the prior written approval of the Building Official.

End of Exhibit "A"

Ordinance 11-09 2006 International Plumbing Code Page 4of4

Exhibit 25

ST ATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby cerli fy, in Lbe performance o f Lhe flln cLions o f my ofii ce, that Lhe attached instruments are full , true and correct copies of the Town o r Lakewood Vi ll age Ord inance 11- 11. T he same appear of record in my o ffice and said documents are the offic ial records fro m the public office of the Town Secretary of the Tovm or Lakewood Vi llage, Denton County, Texas, and are kept in said o ffi ce.

l further certify th at I am the Town Secretary of the Town of Lakewood Vi llage. that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office.

In witness whereof l have hereunto set my hand and affixed the offi cial seal of The T own of Lakewood Vi llage thi s 16th day o r March. 20 14.

TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE NO. 11-11 AN ORDINANCE OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS, AMENDING ORDINANCE 08-06 AND ALL OTHER ORDINANCES OF THE TOWN REGULATING SUBDIVISIONS AND OTHER PROPERTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS, AMENDMENT AND REPEAL CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Town Council ("Town Council") desires to amend Ordinance 08-06 and all other ordinances regarding the Town's rules and regulations for subdivisions and property development as authorized by Chapter 212, Texas Local Government Code, as amended; and WHEREAS, the Town Council finds that there is a public necessity requiring adoption of this ordinance, said public necessity being the need to establish rules and regulations for subdivisions and property development and extend such rules and regulations to the extraterritorial jurisdiction of the Town ("ETJ") to protect the public health, welfare and safety of the citizens of the Town and the ETJ; and WHEREAS, the Town Council is authorized and empowered to apply the Town's regulations for subdivisions and property development to its ETJ pursuant to Section 212.003 of the Texas Local Government Code; and WHEREAS, the Town Council has conducted a public hearing on the application of the Town's regulations for subdivisions and property development to its ETJ, and the Town Council finds and determines that all required notices and hearings in this regard have been given and that the meeting at which the public hearing has been held and at which this ordinance is being adopted were open to the public and conducted according to applicable law; and WHEREAS, the Town Council hereby finds and determines that the adoption of this ordinance is in the best interests of the health, safety and welfare of the citizens of the Town.

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS: Sec. 1. Findings Incorporated.

The findings set forth above are incorporated into the body of this ordinance as if fully set forth herein.

Sec. 2. Extension of Subdivision Rules and Regulations, Building Standards and Ordinance 11-11 Amendment of Subdivision Regulations Page 1 of3

Construction Permits and Fees, and Uniform Codes to the Extraterritorial Jurisdiction.

This ordinance is hereby adopted under the authority of the Constitution and laws of the State of Texas, including Texas Local Government Code Chapter 212, and is being adopted after conducting a public hearing on the matter.

The Town Council hereby amends Ordinance 08-06, the Town of Lakewood Village Subdivision and Property Regulations by extending the application of the Town of Lakewood Village Subdivision and Property Regulations to the extraterritorial jurisdiction of the Town, as that area may exist from time to time. This ordinance shall be applicable to the filing of plats, the subdivision of land, and development of property within the corporate limits of the Town and its extraterritorial jurisdiction as they may exist from time to time adjusted.

All ordinances of the Town, including Ordinance 10-01, which by such ordinance( s) the Town Council has adopted and made applicable to the Town the uniform codes, including but not limited to those concerning and applicable to building, plumbing, mechanical, energy, fuel and gas, property maintenance, electrical, fire and all appendices thereto, and all ordinance(s) concerning and related to permits and permit fees for building and construction, shall be and are hereby amended to apply and extend all such ordinances and their provisions to the ETJ of the Town to the full extent as permitted by law.

The Town shall have all remedies and rights provided by Texas Local Government Code, Chapter 212, with regard to the control and approval of subdivisions and plats and property development both within the Town and within its ETJ to the full extent as permitted by law.

Sec. 3. Severability.

It is hereby declared to be the intention of the Town Council that if any of the sections, paragraphs, sentences, clauses, and phrases of this ordinance shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not effect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance of unconstitutional or invalid phrases, clauses, sentences paragraphs or sections.

Sec. 4. Savings, Amendment and Repeal.

This ordinance shall be cumulative of all other ordinances of the Town and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those ordinances are in direct conflict with the provisions of this ordinance; provided, however, that Ordinance No. 08-06 of the Town and all other ordinance and parts of ordinance of the Town in conflict with this ordinance are hereby amended and repealed to the extent of such conflict, but provided that any complaint, action, cause of Ordinance l 1-11 Amendment of Subdivision Regulations Page 2 of3

action, or claim which prior to the effective date of this ordinance has been initiated or has arisen under or pursuant to Ordinance No. 08-06 shall continue to be governed by the provisjons of that ordinance and for that purpose Ordinance No. 08-06 shall be deemed to remain and shall continue in full force and effect.

Sec. 5. Effective Date.

This ordinance shall become effective from and after its date of passage and publication as provided by law.

PASSED AND APPROVED by the Town Council of the Town of Lakewood Village 011the1 lth day of March, 2011.

~Mayor ATTEST:

~ l o'7Qobe02 ~sbell, Town Secretary

APPROVED AS TO FORM:

Wm. Andrew Messer, Town Attorney

Ordinance 11-1 J Amendment of Subdivision Regu lations Page 3 of3

action, or claim which prior lo the effective date of this ordi11ance has been initiated or has arisen under or pursuanl to Ordinance No. 08-06 shall continue to be governed by the provisions of that ordinance and [or that purpose Ordinance No. 08-06 shall be deemed to remain and shall continue in 1.1.tll force and effocl.

Sec, 5. Effective Date.

This ol'dinance shall become etlective from und aller ils date of pnssage and publication as provided by law.

PASSED AND APPROVED by the Town Council of the Town of Lakewood Village on the 11th day of March, 2011.

~,ike Schnittker. Mayor

ATTEST:

APPROVED AS TO FORM:

Ordinance 11-11 Amendment ofSuhdivisim1 Rcgulntions Page 3 of3

Exhibit 26

STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of Town of Lakewood Vi I lage Ordinance 11-13. The same appear of record in my office and said docw11ents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office.

In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 20 14.

~cl~b20Q ~ell, TRMC, Town Secretary Town of Lakewood Village Denton County State of Tex as

TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE NO. 11-13 AN ORDINANCE TO ADOPT THE 2006 FUEL GAS CODE, WITHIN THE TOWN OF LAKEWOOD VILLAGE AND THE TOWN OF LAKEWOOD VILLAGE EXTRATERRITORTIAL JURISDICTION; PROVIDING A SAVINGS/REPEALING CLAUSE, PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Town Council of the Town of Lakewood Village, Texas ("Town Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the Town of Lakewood Village, Texas and the citizens inside the Town of Lakewood Village Extraterritorial Jurisdiction (collectively "Lakewood Village") to adopt the 2006 Edition of the International Fuel Gas Code, save and except the deletions and amendments set forth below.

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein.

SECTION 2: Adoption of the 2006 International Fuel Gas Code. The International Fuel Gas Code, 2006 Edition, copyrighted by the International Code Council, Inc., save and except the deletions and amendments set forth in Exhibit "A'', attached hereto and incorporated herein for all purposes, is hereby adopted as the Fuel Gas code for Lakewood Village, regulating the design, installation, maintenance, addition, alteration, and inspection of Fuel Gas systems that are permanently installed and utilized to provide control of environmental conditions and related processes within Lakewood Village (The "2006 International Fuel Gas Code"). The 2006 International Fuel Gas Code is made a part of this Ordinance as if fully set forth herein.

SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect.

SECTION 4: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction therefore, shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00), and each and

every day that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation. Lakewood Village retains all legal rights and remedies available to it pmsuant to local, state and federal law.

SECTION 5: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining po1tions of this Ordinance. Lakewood Village hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional.

SECTION 6: Effective Date. This Ordinance shall become effective upon its passage and publication as required by law.

DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS, on this 14th day of APRIL, 2011.

01ke Schnittker, Mayor Town of Lakewood Village ATTEST

~0Cbb>P/L Linda Asbell, Town Secretary Town of Lakewood Village

Ordinance 11-1 3 2006 International Fuel Gas Code Page 2of5

Exhibit "A" Town of Lakewood Village 2006 International Fuel Gas Code The following additions, deletions, and amendments to the 2006 International Fuel Gas Code adopted herein are hereby approved and adopted.

Chapter 1. Administration of the 2006 International Fuel Gas Code is amended as follows: Section 102 Applicability of the 2006 International Fuel Gas Code is amended as follows: 102.8 Referenced codes and standards. The codes, when specifically adopted by the Town of Lakewood Village. and standards referenced in this code shall be those that are listed in Chapter 8 and such codes and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFP A 70 or the ICC Electrical Code shall mean the Electrical Code as adopted by the Town of Lakewood Village as it currently exist or may be amended. Where requirements in this code conflict with any requirements of other adopted codes by the Town of Lakewood Village the most stringent requirements shall apply.

Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and the manufacturer's installation instructions shall apply.

Section 106 Permits of the 2006 International Fuel Gas Code is amended as follows: 106.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 90 days after the date of filing unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

106.4.3 Expiration. Every permit issued by the code official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced and received a minimum of one approved inspection within 180 days from the date of such permit, or if the work Ordinance 11-13 2006 International Fuel Gas Code Page 3 of 5

authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work recommences, a new permit shall be first obtained and the fee, therefore, shall be ORe half the amount required for a new permit for such work, provided no changes have been made or will be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded one year.

106.5.2 Fee schedule. The fees for Fuel Gas work shall be as indicated in the Town of Lakewood Village Building Inspections Fee Schedule 106.5.3 Fee refunds. The code official shall authorize the refunding of fees as follows.

1. The full amount of any fee paid hereunder which was erroneously paid or collected.

2. Not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than 50 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended.

The code official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment.

Chapter 3 General Regulations of the 2006 International Fuel Gas Code 1s amended as follows: Section 305 Installation of the 2006 International Fuel Gas Code is amended as follows: 305. 7 Clearances from grade. Equipment and appliances installed at grade level shall be supported on a level concrete slab or other approved material extending above adjoining grade a minimum of 3 inches (76 mm) or shall be suspended a minimum of 6 inches (152 mm) above adjoining grade.

Section 306 Access and service space of the 2006 International Fuel Gas Code 1s amended as follows: 306.3 Appliances in attics. Attics containing appliances requiring access shall be provided with an opening and unobstructed passageway large enough to allow removal of the largest appliance. The passageway shall not be less than 30 inches (762 mm) high and 22 inches (559 mm) wide and not more than 20 feet (6096 mm) in length measured along the center line of the passageway from the opening Ordinance 11-13 2006 International Fuel Gas Code Page 4of5

to the appliance. The passageway shall have continuous unobstructed solid flooring not less than 24 inches (610 mm) wide. A level service space not less than 30 inches (762 mm) deep and 30 inches (762 mm) wide shall be present at the front or service side of the appliance. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), where such dimensions are large enough to allow removal of the largest appliance. As a minimum, access to the attic space shall be provided by one of the following: 1. Permanent stairs or ladder fastened to the building.

2. A pull down stair with a minimum 300 lb. rating.

3. An access door from an upper floor.

Exceptions: 1. The passageway and level service space are not required where the appliance can be serviced and removed through the required opening.

2. Where the passageway is unobstructed and not less than 6 feet (1829 mm) high and 22 inches (559 mm) wide for its entire length, the passageway shall be not more than 50 feet (15 250 mm) long.

Chapter 6 Specific Appliances of the 2006 International Fuel Gas Code is amended as follows: Section 614 Clothes dryer exhaust of the 2006 International Fuel Gas Code is amended as follows: 614.6.1 Maximum length. The maximum length of a clothes dryer exhaust duct shall not exceed 25 feet (7620 mm) from the dryer location to the outlet terminal.

The maximum length of the duct shall be reduced 21/2 feet (762 mm) for each 45 degree (0.79 rad) bend and 5 feet (1524 mm) for each 90 degree (1.6 rad) bend.

The maximum length of the exhaust duct does not include the transition duct.

Exception: Where the make and model of the clothes dryer to be installed is known and the manufacturer's installation instructions for such dryer are provided to the code official, the maximum length of the exhaust duct, including any transition duct, shall be permitted to be in accordance with the dryer manufacturer's installation instructions, and provided that a 4 inch by six inch sign red in color with white letters is permanently affixed to the structure stating the following: Warning: Dryer must be approved for vent length not to exceed 40 feet total developed length (TDL). Duct Size: (Insert Number) Total Developed Length: (Insert Number)

End of Exhibit "A" Ordinance 11-13 2006 International Fuel Gas Code Page 5of5

Exhibit 27

ST ATE OF TEXAS ) ) CERTIFrCATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) hereby certify, in the performance of the !'uncti o ns o f my office, that the attached instruments are full , true and correct copies of the Town of Lakewood Vi llage Ordinance 11-1 6. T he same appear o r record in my office and said documents are the officia l records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas. and are kept in said office.

T rurther certify that l am the Town Secretary of the Town of Lakewood Vi llage, that 1 have legal custody or said records, and that I am a lawful possessor and keeper of the records in said office.

In wi tness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 16th day of March. 20 14.

Lillai\Sbe ll. TRMC, Town Secretary Town of Lakewood Vi llage ~>S=S:S::S:s.:r..,...._ Denton County State of Texas

TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE N0.11-16 AN ORDINANCE TO ADOPT THE 2006 INTERNATIONAL RESIDENTIAL CODE, WITHIN THE TOWN OF LAKEWOOD VILLAGE AND THE TOWN OF LAKEWOOD VILLAGE EXTRATERRITORTIAL JURISDICTION; PROVIDING A SAVINGS/REPEALING CLAUSE, PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Town Council of the Town of Lakewood Village, Texas ("Town Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the Town of Lakewood Village, Texas and the citizens inside the Town of Lakewood Village Extraterritorial Jurisdiction (collectively "Lakewood Village") to adopt the 2006 Edition of the International Residential Code, save and except the deletions and amendments set forth below.

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein.

SECTION 2: Adoption of the 2006 International Residential Code. The International Residential Code, 2006 Edition, copyrighted by the International Code Council, Inc., including Appendix G, J, and K, save and except the deletions and amendments set forth in Exhibit "A", attached hereto and incorporated herein for all purposes, is hereby adopted as the Residential code for Lakewood Village, regulating the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal, and demolition of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories in height with a separate means of egress and related accessory structures in Lakewood Village (the "2006 International Residential Code"). The 2006 International Residential Code is made a part of this Ordinance as if fully set forth herein.

SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect.

SECTION 4: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction therefore, shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00), and each and every day that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation. Lakewood Village retains all legaJ rights and remedies available to it pursuant to local, state and federal law.

SECTION 5: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Lakewood Village hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and plu·ases be declared unconstitutional.

SECTION 6: Effective Date. This Ordinance shall become effective upon its passage and publication as required by law.

DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS, on this 8th day of SEPTEMBER, 2011.

M~r, Mayor Town of Lakewood Village ATTEST

'- '- Linda Asbell , Town Secretary Town of Lakewood Village

Ordinance 1 t -16 2006 International Residential Code Page 2 of23 Exhibit "A" Town of Lakewood Village Amendments 2006 International Residential Code

The Following additions, deletions and amendments to the 2006 International Residential Code adopted herein are herby approved and adopted.

Section 1.

Chapter 1. Administration of the 2006 International Residential Code is amended as follows: Section Rl02 Applicability of the 2006 International Residential Code is amended as follows: R102.4 Referenced codes and standards. The codes, when specifically adopted by the Town of Lakewood Village, and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. Any reference made to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. Where requirements in this code conflict with any requirements of other adopted codes by the Town of Lakewood Village the most stringent requirements shall apply.

Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and manufacturer's instructions shall apply.

Section R105 Permits of the 2006 International Residential Code is amended as follows: R105.2 Work exempt from permit. Permits shall not be required for the following. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.

Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 250 square feet.

2. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.

3. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18 927 L) and the ratio of height to diameter or width does not exceed 2 to 1.

Ordinance 11-16 2006 International Residential Code Page 3 of23 4. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

5. Prefabricated swimming pools that are less than 24 inches (610 mm) deep.

6. Swings and other playground equipment.

7. Window awnings supported by an exterior wall which do not project more than 54 inches (13 72 mm) from the exterior wall and do not require additional support.

Section 105, PERMIT APPLICATION A. A residential permit application consist of five (5) forms, which must be completed and signed by the Contractor and his or her registered mechanical, electrical, and plumbing contractors. These forms are the mechanical permit, electrical permit, plumbing permit, concrete permit, and application for building permit forms.

B. Detailed and accurate descriptions are required regarding the addresses and legal description of the subject property including Lot, Block and complete subdivision name with correct phase.

C. All contractors are required to be registered with the town and must have such approved registration on file before any permit will be issued.

R105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned -l-8G 90 days after the date of filing unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

R105.5 Expiration. Every permit issued by the code official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work recommences, a new permit shall be first obtained and the fee, therefore, shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded one year.

Section R106 Construction Documents of the 2006 International Residential Code is amended as follows: R106.1 Submittal documents. Construction documents, special inspection and structural observation programs and other data shall be submitted in one or more

Ordinance 11-16 2006 International Residential Code Page 4 of23 sets with each application for a permit. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. Foundation plans shall be submitted with each application and shall be sight specific. These plans shall be designed by an engineer licensed by the State of Texas and shall bear that engineers seal.

Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that reviewing of construction documents is not necessary to obtain compliance with this code. Section lA. NEW CONSTRUCTION REQUIREMENTS A. Temporary buildings or structures such as reviewing stand and other miscellaneous structures, sheds, canopies, or fences used for the protection of the public around and in conjunction with construction work may be erected only by special permit for a limited period of time to be designated in said permit; provided, however, that no portable or moveable trailer or similar building or structure shall be permitted during any period of construction.

B. Temporary buildings or structures need not comply with the type of construction or fire resistive time periods required by this code. Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in this permit with all surface area restored to its natural state.

C. Portable toilets shall be provided at all construction job sites for which a building permit is required by this code. D. All Contractors will comply with the town's construction site refuse control program as outlined here. All residential and/or commercial construction sites shall be responsible for providing at a minimum, one 20-yard open top roll-off bulk trash container for construction debris and refuse, or a temporary refuse containment structure with minimum dimensions of 8' L x 8' W x 4' H made of 1" exterior plywood secured tightly on all four comers and to the ground in some manner. The container should have a hinged drop down or swing gate on one side for debris removal access. The contractor will also provide a temporary removable top cover either of exterior plywood and or a heavy tarp for either type of debris storage receptacle to prevent flying debris from possible windy or stormy conditions, etc. If a roll-off trash receptacle is used it must be obtained from the waste company that is currently under contract with the Town of Lakewood Village. Contractors are required to keep construction sites free and clear of trash at

Ordinance 11-16 2006 International Residential Code Page 5 of23 all times including no overflowing trash receptacles. The town administrative staff and designated building inspector reserve the right to perform unannounced spot inspections. If the construction site is found in violation of this ordinance then the construction site will be RED TAGGED and an IMMEDIATE Stop Work Order will be issued with possible suspension of any registration. Once Red Tagged, the contractor will need to take corrective action to bring the work site to an acceptable condition and when compliance is obtained, the Red Tag will be lifted and construction activities may be resumed.

E. Effective erosion control is required prior to any construction activity and will include the installation of an adequate and repositionable silt fence which should run along the property lot's inside border boundary above and adjacent to the drainage ditch area and the public roadway.

The silt fence will be constructed in a practical manner with the necessary openings so as to allow easy entry and exit from the roadway to the property construction site for all necessary construction equipment and machinery.

F. It is the responsibility of the Contractor to place the proper size culvert on the lot to gain access to the lot prior to any construction. Upon completion of construction the culverts ends must be in concrete and the culvert must continue the direction of the flow of drainage. All culvert sizes are obtained through the Town.

G. A Contractor is prohibited from benching the lot, or preparation of the lot prior to obtaining permit approval.

H. It is the responsibility of the Contractors to keep a copy of all approved plans on the construction site at all times. They must be placed in a water tight container. All paperwork due to the inspector for inspection purposes and in compliance with this ordinance must be placed within this container. The replacement of any lost or stolen permits will be at a cost of $10.00 per occurrence.

Section lB.

EXISTING CONSTRUCTION I REPAIRS I REMODELING REQUIREMENTS A. All remodels and repairs for buildings over 200 square feet, inspections are required only as they apply to the permitted improvements, applicable building codes and Town ordinances.

B. All new construction foundation plans are to be drawn and sealed by an Engineer licensed by the State of Texas.

C. An application for flatwork must be submitted to the Town for approval. Flatwork must follow all other flatwork requirements within this ordinance.

D. Erosion control is required prior to any construction and must be maintained throughout construction completion.

Ordinance 11-16 2006 International Residential Code Page 6 of23 E. All remodels, repairs, alterations, must have two (2) copies of the plot plans turned into the Town showing the actual dimensions and shape of the lot to be built upon or altered, the exact sizes and locations on the lot of any already existing buildings, and the location and dimensions of the proposed building or alteration.

F. Two copies of the existing house plans prior to any alterations, remodels or repair must be turned in prior to approval of the permit.

Section lC.

SECTION 106, BUILDING PLAN PACKET SUBMISSION Along with the permit application forms set forth above, the following documents are required prior to any approval being granted in the quantity and detail as specified: A. Two (2) plot plans containing lot dimensions, plan footprint, set-backs (front, rear and sides) complete address, lot and block, subdivision and phase, utility and easement locations, engineers and contractors names, finish pad elevations, finish floor elevations, topographical elevations, driveways, sidewalks, fence locations, lot area, slab area, and coverage percent. All drawings provided must be to scale.

B. Two (2) foundation designs (11" x 17" drawing and engineer letters) one of which must have an original signature and stamp.

C. Three (3) complete bound sets of construction drawings. Town Copy must be 11" x 17" or application will be automatically rejected without further action or notification by any Town Official. Plans must include elevations, framing details, including soffit overhang details, masonry percentage calculations, square foot calculations, electrical load calculations, electrical panel size, electrical panel location, mechanical specifications, foundation design letter must be address specific. All plans must be drawn by a state licensed architect and must be drawn to scale.

D. Two (2) sets of drainage plans must be provided. Town copy must be 11" x 17" drawn to scale, showing the actual dimensions and shape of the lot to be built upon. The drainage plans must show sea level elevations and all flatwork drawn to scale.

E. Floor plans, elevations, framing, roof plan, electrical and "to be built options" must be clearly shown and detailed. Single sheet submittals are not acceptable. HV AC and Plumbing design drawings are also required. Options reflecting additional buildable space must be identified by the actual square footage area and included in the permit values for total air-conditioned area and or construction area under roof.

Ordinance 11-16 2006 International Residential Code Page 7 of23 F. Elevation drawings must clearly state that the structure meets the exterior requirements set forth below in Section 11 by the Town of Lakewood Village, or provide masonry calculations (i.e. Front%+ Right%+ Left%+ Rear%= total masonry%) G. All drawings must be legible and show proper square footage for air-conditioned and total building areas.

H. One (1) Energy analysis (i.e.; IC3, ResCheck or Energy-Star) shall be provided by a certified professional.

I. All third party rater information and documentation must be submitted if an Energy Star Home is being constructed or modified.

J. Mechanical Air Flow Calculations shall be provided and must be on the mechanical contractors letterhead

Section RIOS Fees of the 2006 International Residential Code is amended as follows: R108.6 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a Penalty of 100% of the usual permit fee in addition to the required permit fees.

Section ID. REQUIREMENTS A. Water/Sewer Taps - A licensed plumber that is registered with the Town shall perform all work connecting to the Town utilities.

B. All sprinkler permits are required to have a final inspection accompanied by a Backflow Prevention Report Form and a Customer Service Inspection Letter. These forms can be obtained from the office of the Town Secretary.

C. In the construction, maintenance, or repair of any building or structure within the Town or the ETJ, for which a building permit is required by the current building codes, no person shall perform any electrical, plumbing, mechanical, fencing, backflow, concrete, third party inspections, irrigation, or roofing unless and until such time as that person is registered with the Town to perform such work.

Section IE.

LICENSING AND REGISTRATION REQUIREMENTS

Ordinance 11-16 2006 International Residential Code Page 8 of23 A. No person shall engage in the business of construction of new buildings or structures, or make any repairs, alterations, or changes to an existing building or structure, unless that person is registered as a Contractor by the Town. Provided however that (i) no license shall be required for work on any building or structure for which a building permit is not required by this code and (ii) persons who occupy and reside within any property as their home shall not be required to obtain a license or register with the Town when performing work on their home.

B. All Contractors must register with the Town of Lakewood Village before applying for permits or performing any work. A master or contractor license in the specific trade is required to register as a Contractor. All licensed Journeymen working for the Contractor shall be listed on the contractor registration form. All work shall be supervised by a licensed individual, A licensed residential wireman may supervise one helper or apprentice. Any work discovered being performed without the required licensed personnel shall be conspicuously identified to prevent reuse and shall be removed. In addition to a citizen complaint, multiple violations of licensure requirements may result in suspension of a Contractors' registration. Any individuals found performing work without the required registration shall be required to leave the jobsite. A Contractor is defined as set forth above in Section 2. All registrations will expire on December 30th of each year. The General Contractor must carry insurance that covers all subcontractors and the projects they are actively working on under the General Contractor. In the event there is not a General Contractor, each subcontractor is required to supply the Town with a copy of their liability insurance with a minimum $100,000.00 policy coverage for each project. It will be the responsibility of the registered individuals to ensure that this process is complete before permits will be issued and any work in the specific trade is commenced. The Town reserves the right to deny or revoke any contractor registration ifthere are justifiable reasons or violations as determined by the Town.

C. The following Contractors disciplines must follow the applicable registration process.

GENERAL CONTRACTORS, BUILDER REGISTRANTS: 1. Contractor registration filled out completely.

2. A valid State of Texas driver's license or photo I.D. card.

3. A valid certificate of liability insurance or bond in an amount no less than $1,000,000.00 kept in force for the duration of the project. Each project is required to have its own policy.

ELECTRICAL REGISTRANTS: 1. Contractor registration filled out completely.

2. A valid Masters license is required at the time of registration and for the duration of the project.

Ordinance 11-16 2006 International Residential Code Page 9 of23 3. A valid State of Texas driver's license or photo I.D. card.

4. All Journeyman and or Wireman performing work must be registered and posses a current license at the time ofregistration and for the duration of the project.

5. A list of additional persons authorized to sign applications and pick up approved permits for your company.

6. Proof of insurance as set forth in Section 8 (B) above.

PLUMBING REGISTRANT: 1. Contractor registration application filled out completely.

2. A valid Masters license is required at the time of registration and for the duration of the project.

3. A valid State of Texas driver's license or photo I.D. card.

4. All journeyman, tradesman, and apprentices performing work must be registered and possess a current license at the time of registration and for the duration of the project.

5. A list of additional persons authorized to sign applications and pick up approved permits for your company.

6. Proof of insurance as set forth in Section 8 (B) above.

MECHANICAL REGISTRANT: 1. Contractor registration application filled out completely.

2. A valid Masters license is required at the time of registration and for the duration of the project.

3. A valid State of Texas driver's license or photo I.D. card.

4. A list of additional persons authorized to sign and pick up approved permits for your company.

5. Proof of insurance as set forth in Section 8 (B) above.

IRRIGATION REGISTRANT: 1. Contractor registration application filled out completely.

2. A valid Irrigation license is required at the time ofregistration and for the duration of the project.

Ordinance 11-16 2006 International Residential Code Page 10 of23 3. A valid State of Texas driver's license or photo l.D. card.

4. A list of additional persons authorized to sign applications and pick up approved permits for your company.

5. Proof of insurance as set forth in Section 8 (B) above.

BACKFLOW TESTER REGISTRANTS: 1. Contractor registration application filled out completely.

2. A valid Back.flow Testers License is required at the time of registration at the time of registration and for the duration of the project.

3. A valid State of Texas driver's license or photo l.D. card.

4. Proof of insurance as set forth in Section 8 (B) above.

SIGN CONTRACTOR REGISTRANT: 1. Contractor registrant application filled out completely.

2. A valid State of Texas driver's license or photo l.D. card.

3. A list of additional persons authorized to sign applications and pick up approved permits for your company.

4. Proof of insurance as set forth in Section 8 (B) above.

THIRD PARTY INSPECTOR REGISTRANT: 1. Contractor registration application form filled out completely.

2. A valid State of Texas driver's license or photo l.D. card.

3. A list of qualified persons authorized to perform inspections.

4. Proof of certification 5. Proof of insurance as set forth in Section 8 (B) above.

ROOFING REGISTRANT: 1. Contractor registration application filled out completely.

2. Valid State of Texas drivers license or photo l.D. card.

3. Proof of insurance as set forth in Section 8 (B) above.

Ordinance 11-16 2006 International Residential Code Page 11 of23 CONCRETE REGISTRANT: 1. Contractor registration application filled out completely.

2. A valid State of Texas driver's license or photo I.D. card.

3. Proof of insurance as set forth in Section 8 (B) above.

FENCE I SCREENING WALL REGISTRANT: 1. Contractor registration application filled out completely.

2. A valid State of Texas driver's license or photo I.D. card.

3. Proof of insurance as set forth in Section 8 (B) above.

D. Any registered Contractor that fails to maintain compliance with any provisions of this section shall cease all work being performed at the time the Contractor is no longer in compliance.

Section 109 Inspections A. Request for Inspections B. Building permits will include inspections performed during the following construction stages: 1. T-Pole 2. Plumbing Rough, includes water and sewer tap (form board surveys due at this time on site) 3. Pier and Beam - shall be inspected by the engineer and an approval letter shall be provided to the building official.

4. Foundation 5. Frame 6. Mechanical Rough 7. Electrical Rough 8. Rough Gas 9. Plumbing Top Out 10. 4 foot brick tie inspection and/or Stucco inspection 11. Drywall

Ordinance 11-16 2006 International Residential Code Page 12 of23 12. Electrical/Gas Meter Release 13. Flatwork 14. 100% Final · All Third party insulation inspections reports are due prior to the electrical/gas meter release. · At the time of the scheduled pour, and prior to driving to the location of the pour, the Contractor will be responsible for turning in all weight tickets to the Town. · Termite letter, Customer Service Inspection letter, and the Final Grade survey is due on site at the 100% Final Inspection. · Piers must be inspected by an independent contractor. A copy of the inspection must be supplied to the Town prior to calling in the next inspection.

E. All Sprinkler Contractors must have the Backflow Prevention Form filed with the Town of Lakewood Village prior to hooking the system up to the water supply.

F. All inspections must be performed during daylight hours Section lF.

A. Upon completion of construction, no one may occupy or move any objects into or onto the property of new construction until a Certificate of Occupancy (100 % Final) inspection has been performed and passed by an official of the Town. Violation of this requirement will result in all utilities being disconnected until such time as a Certificate of Occupancy has been issued after all the proper inspections have been performed.

B. Secondary structures will be permitted as new construction with minimum square footage requirements waived as long as secondary structure is contained within the property lines of the primary residence lot(s) and required set backs are met. Any secondary structure built on any adjacent lot must conform to the minimum square footage requirements of that section as stated in the current zoning ordinance as amended or revised unless both lots are re-platted as a single lot and said plat is filed on record with Denton County, Texas. Proper proof of filing with Denton County, Texas must be provided to the Town at the time the building permit is sought.

C. All new building construction will have a garage with the following requirements: 1. There shall be no front-facing garages on any new construction. Where the configuration of the ground is such that conformity with this provision of this ordinance would work a hardship, the Town Council may permit a variance.

2. There shall be a garage size requirement on all new construction of a minimum of 25 feet in width and 22 feet in depth. Where the configuration of the ground is such that conformity with

Ordinance 11-16 2006 International Residential Code Page 13 of23 this provision of this ordinance would work a hardship, the Town Council may permit a variance.

Section lG.

A. A form survey will be completed at the time that the forms are in position before the concrete is poured to ensure that the location of the slab is in compliance with all town ordinances. A copy of the form survey will be submitted to the Town.

B. Height. There shall be no buildings, residential or commercial, that exceed 2 Yi stories Any exceptions are outlined in the Zoning Ordinance 83-0lA, as amended or revised.

C. The exterior facades of a main building or structure, excluding glass windows and doors shall be constructed of eighty (80) percent masonry requirement on all new construction for anything over 200 square feet or greater. Cementatious fiber board shall not be considered masonry; cementatious fiber board may be used to replace existing siding on existing structures, with pre- approval of the Building Official. Cementatious fiber board may also be used for architectural features, including window box-outs, bay windows, roof dormers, garage door headers, columns, or other architectural features approved by the Building Official.

D. Wood roof shingles are prohibited.

E. The use of Stucco, various types of stucco and installation procedures must have prior approval from the Building Official. If approved, the builder must provide the installer's certification and certificate for the Town's files. Only true three coat stuccoing will be considered. Additional inspections are required at, hath, scratch coat, and brown coat.

F. Exterior Insulation Finish System (EIFS) shall not be permitted on any construction.

G. Construction work times shall begin no earlier than 7:00 a.m. and shall end no later than 7:00 p.m.

H. All roof pitches shall have a minimum of four (4) inches over twelve (12) inches.

I. The Town will grant approval to initiate electrical service for permanent or temporary use.

J. All new construction shall have gutters installed in accordance to the submitted drainage plan with the minimum of the entire front of house, all exits, and above all air-conditioning units.

K. It is also the responsibility of the Contractor to ensure the grading of the ditches or easements continue the flow of drainage prior to receiving the 100% Final Inspection. Lot to lot drainage is not allowed.

Section lH.

Ordinance 11-16 2006 International Residential Code Page 14of23 VARIANCES and BOARD OF APPEALS A. In order to hear and decide appeals of orders, decisions, or determinations made by the Building Official relative to the application and interpretation of this Ordinance, there shall be and is hereby created a Board of Appeals. The Town Council of the Town of Lakewood Village, Texas shall serve as the Board of Appeals. The Building Official shall be an ex-officio member of and shall act as secretary to the Board but shall have no vote on any matter before the Board.

The Board shall adopt the rules of procedure for conducting its business, and shall render all decisions and finding in writing to the appellant with a duplicate copy to the Building Official.

1. The powers of the Board shall be as follows: a. To hear appeals from decisions of the Building Official b. To hear requests for the use of a material or method of construction not prescribed or authorized by this code, and to authorize the use when, in the Board's judgment, the material or method of construction is at least equivalent to that prescribed; and c. To grant or deny variance requests B. Variance Requests 1. Variances will be considered only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the building and zoning ordinances would cause an undue hardship. Financial considerations are not relevant and will not be considered in the request.

2. A variance which would have a detrimental effect on public health and/or safety will not be considered.

3. Variances for self imposed hardships will not be considered.

4. Approved variances expire 180 days following the approval.

Section 2.

Chapter 2. DEFINITIONS of the 2006 International Residential Code The Town-shall mean the Town of Lakewood Village

Ordinance 11-16 2006 International Residential Code Page 15 of23 Contractor - shall mean any person, firm, corporation, or other entity that is hired by a homeowner or landowner to perform any new construction, remodel, or repair on said homeowner or landowner's real property.

Erosion Control - the containment of all dirt, soils, sand, fill or grass, in such a manner, to prevent said materials from encroaching onto adjacent properties, town easements, drainage culverts, or utility placements ETJ - shall mean the Extraterritorial Jurisdiction of the Town of Lakewood Village Masonry - shall be defined as brick, concrete hollow clay tile, concrete block, natural stone, or any combination of these materials that are laid up by unit and set in mortar.

Construction Site Refuse Control - the containment of and weekly or monthly removal of both construction and laborer refuse to prevent said materials from encroaching onto adjacent homeowner properties, town easements, drainage ditches and culverts, and should be in compliance with OSHA and local codes.

Section 3.

Chapter 3. Building Planning of the 2006 International Residential Code 1s amended as follows: Section 309 Garages and Carports of the 2006 International Residential Code 1s amended as follows: Section 309 Carports shall not be allowed in Lakewood Village.

R309.1 Opening protection. Openings from a private garage directly into a room used for sleeping purposes shall not be permitted. Other openings between the garage and residence shall be equipped with a self closing, tight fitting solid wood doors not less than 13/8 inches (35 mm) in thickness, solid or honeycomb core steel doors not less than 13/8 inches (35 mm) thick, or 20-minute fire-rated doors.

R309.1.l Duct penetration. Ducts in the garage and ducts penetrating the walls or ceilings separating the dwelling from the garage shall be constructed of a minimum No. 26 gage (0.48 mm) sheet steel or other approved material and shall have no openings into the garage.

R309.1.2 Other penetrations. Penetrations through the separation required in Section R309.2 shall be protected by filling the opening around the penetrating item with approved material to resist the free passage of flame and products of combustion.

R309.1.3 Access Openings. Access openings in the separation required by R309.2 shall have a tight fitting, non-combustible and latching cover.

Ordinance 11-16 2006 International Residential Code Page 16 of23 R309.2 Separation required. The garage shall be separated from the residence and its attic area by not less than 5/8-inch (15.9 mm) gypsum board applied to the garage side. Garages beneath habitable rooms shall be separated from all habitable rooms above by not less than 5/8-inch (15.9 mm) Type X gypsum board or equivalent. Where the separation is a floor-ceiling assembly, the structure supporting the separation shall also be protected by not less than 5/8 inch (15.9 mm) gypsum board or equivalent. Garages located less than 5 feet (1524 mm) from a dwelling unit on the same lot shall be protected with not less than 5/8-inch (15.9 mm) gypsum board applied to the interior side of exterior walls that are within this area. Openings in these walls shall be regulated by Section R309.l.

This provision does not apply to garage walls that are perpendicular to the adjacent dwelling unit wall.

Section 313 Smoke Alarms of the 2006 International Residential Code is added as follows: R313.4 Carbon Monoxide Detector. A carbon monoxide detector shall be installed for each 1,000 square feet (305 m2 ) of living area. Carbon monoxide detectors shall be placed adjacent to openings in enclosures for fuel burning appliances, at least one location per floor level and at garage entrances, Power source shall be same as required by section R313 .3 for smoke detectors.

Section 319 Site Address of the 2006 International Residential Code is amended as follows: A. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting property. Said numbers shall contrast with their background, and shall comply with the following provisions, as applicable: 1. Residential occupancies shall have numbers a minimum of six (6) inches in height and be in a contrasting color to the background; 2. Duplexes shall have street and/or building numbers a minimum of eight (8) inches in height.

When deemed necessary by the Town the street and/or building numbers may be required to be of a larger size for immediate and visible identification; 3. If the structure is more than two hundred (200) feet from a public street, the address shall alse appear at the front or main entry to the property with numbers a minimum of six (6) inches in height.

Ordinance 11-16 2006 International Residential Code Page 17 of23 4. When deemed necessary by the Town street or building numbers may be required on more than one side of the structure or property; 5. Building and/or street numbers shall be located in an area and lighted in a manner that will make them immediately discernible as approved by the Town.

Section 4.

Chapter 4. Foundations of the 2006 International Residential Code is amended as follows: Section 403 Footings of the 2006 International Residential Code is amended as follows: R403.1.8 Foundations on expansive soils. Foundation and floor slabs for buildings located on expansive soils shall be designed in accordance with Section 1805.8 of the International Building Code, the American Society of Civil Engineers Texas Section Recommended Practice for the Design of Residential Foundations Version 1 as it currently exists or may be amended, or other accepted industry standards that may be acceptable to the Building Official. All foundations shall be designed by a registered Professional Engineer in the State of Texas and all drawings and documentation must be signed and sealed.

Documentation shall include: 1. Design letter referencing soils report number, date of report, soils, and engineer name; specific location including lot, block, and subdivision; specific design criteria including soil bearing capacity, plasticity index, and potential vertical rise. The Engineer shall also approve a concrete mix design with performance criteria based on soils and seasonal conditions.

2. Signed and sealed drawings clearly indicating strand and reinforcement placement, pier size, depth, location, and reinforcing, beam size and location, and special details. Design calculations must be included. One ledger size copy of plans and calculations will be included in the permanent permit file for each project.

3. Design engineer must perform a pre-pour inspection and provide the Building Official with signed and sealed document stating that the foundation has been inspected and approved. This inspection must take place prior to requesting a foundation inspection from the Building Official. The engineer shall be present during placement of concrete to verify concrete mix design and seasonal conditions during placement, and verify tensioning and elongation of cables.

4. Rough grading of lot after form removal to maintain drainage away from foundation during the construction process.

Ordinance 11-16 2006 International Residential Code Page 18 of23 5. Prior to rece1vmg a Certificate of Occupancy, a final survey indicating final grade elevations and verifying positive drainage away from the foundation, and evidence from the homeowner that they have received a copy of foundation maintenance instructions must be submitted to the Building Official.

6. The Engineer must provide to the Building Official a letter of Final Acceptance stating that the foundation has been placed in compliance with the design prior to the issuance of a Certificate of Occupancy.

7. Anchorage shall be installed before foundation is approved for pouring, per Section 403.1.6 R403.1.7.3 Foundation elevation of the 2006 International Residential Code is amended as follows: No cross lot drainage shall be allowed.

Section 4A.

Driveways 1. All new building construction will have a driveway. The pouring requirements are as follows: a. The Contractor shall notify the Town of when they are scheduled to pour within 48-hours prior to pouring. b. No concrete will be poured before 7:00 a.m. c. At the time of the scheduled pour, and prior to driving to the location of the pour, the Contractor and concrete registrant will be responsible for turning in all weight tickets to the Town. d. As per Weight Ordinance No. 98-09 Section 3 (C) as amended or revised, the gross weight limit on Town streets for a ready-mix concrete truck shall be58,420 lbs. e. The minimum thickness of four inches and minimum compression strength shall be 3000 psi at 28 days. f. Driveways shall be a minimum of 10 foot wide, in Town Section 5 driveways shall be a minimum of 12 foot wide. g. 3/8 inch rebar with no greater than 16 inch centers is required on all drivewayconstruction. Re-bar placement must be inspected 48-hours prior to the pouring of concrete. h. All driveways must properly tie into the street. The Contractor is responsiblefor any road damage that may occur during the construction of the permitted project. All roads must be restored at least to their original condition prior to receiving their 100% final inspection. It shall be unlawful for any person, firm, or corporation or other legal entity to erect, construct, enlarge, alter, repair, move, improve, convert, or demolish any flatwork or driveway or cause to permit the same to be done in violation of this ordinance. j. A driveway permit that would place the water meter, water valve and meter

Ordinance 11-16 2006 International Residential Code Page 19 of23 box in the driveway shall provide, as a condition of said permit, for the removal of the water meter, water valve, and meter box out of the driveway, at the home and/or land owners expense. Replacement of the water meter, water valve, and meter box shall be in a manner were the meter can be serviced with an additional inspection on the plumbing performed by the Building Official at an additional cost of $75.00. A licensed plumber who is registered to work in the Town of Lakewood Village shall perform the replacement of the water meter, water valve, and meter box.

Section 5.

Chapter 13. General Mechanical System Requirements of the 2006 International Residential Code is amended as follows: Section 1305 Appliances Access of the 2006 International Residential Code is amended as follows: M1305.1.3 Appliances in attics. Attics containing appliances requiring access shall have with an opening and a clear and unobstructed passageway large enough to allow removal of the largest appliance, but not less than 30 inches (762 mm) high and 22 inches (559 mm) wide and not more than 20 feet (6096 mm) long when measured along the centerline of the passageway from the opening to the appliance. The passageway shall have continuous unobstructed solid flooring in accordance with Chapter 5 not less than 24 inches (610 mm) wide. A level service space at least 30 inches (762 mm) deep and 30 inches (762 mm) wide shall be present along all sides of the appliance where access is required. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm) by mm), where such dimensions are large enough to allow removal of the largest appliance. As a minimum, access to the attic space shall be provided by one of the following: 1. A permanent stair.

2. A pull down stair with a minimum 300 lb. rating.

3. An access door from an upper floor.

Exceptions: 1. The passageway and level service space are not required where the appliance can be serviced and removed through the required opening.

2. Where the passageway is unobstructed and not less than 6 feet (1829 mm) high and 22 inches (559 mm) wide for its entire length, the passageway shall be not more than 50 feet (15 250 mm) long.

M1305.1.4.1 Ground clearance. Appliances supported from the ground shall be level and firmly supported on a concrete slab extending above the adjoining ground a minimum of 3 inches (76mm). Appliances suspended from the floor shall have a clearance of not less than 6 inches (152 mm) from the ground.

Ordinance 11-16 2006 International Residential Code Page 20 of23 Section 6.

Chapter 15. Exhaust Systems of the 2006 International Residential Code is amended as follows: Section 1502 Clothes Dryer Exhaust of the 2006 International Residential Code is amended as follows: M1502.3 Duct size. The diameter of the exhaust duct shall be as required by the clothes dryer's listing and the manufacturer's Installation instructions. Duct size shall be at least the diameter of the appliance outlet and shall be a minimum · nominal size of 4" (102mm) in diameter. The size duct shall not be reduced along its developed length nor at the point of termination.

M1502.6 Duct length. The maximum length of a clothes dryer exhaust duct shall not exceed 25 feet (7620 mm) from the dryer location to the wall or roof termination. The maximum length of the duct shall be reduced 2.5 feet (762 mm) for each 45-degree (0.8 rad) bend and 5 feet (1524 mm) for each 90-degree (1.6 rad) bend. The maximum length of the exhaust duct does not include the transition duct.

Exceptions: Where the make and model of the clothes dryer to be installed is known and the manufacturer's installation instructions for the dryer are provided to the building official, the maximum length of the exhaust duct, including any transition duct, shall be permitted to be in accordance with the dryer manufacturer's installation instructions, and provided that a 4 inch by 6 inch sign red in color with white letters is permanently affixed to the structure stating the following: Warning: Dryer must be approved for vent length not to exceed 40 feet total developed length (TDL.)

Duct Size: (Number) Total Developed Length: (Number) Chapter 24. Fuel Gas of the 2006 International Residential Code is amended as follows: Section 2439 Clothes Dryer Exhaust of the 2006 International Residential Code is amended as follows: G2439.5.1 Maximum Length.

The maximum length of a clothes dryer exhaust duct shall not exceed 25 feet (7620 mm) from the dryer location to the wall or roof termination. The maximum length of the duct shall be reduced 2.5 feet (762 mm) for each 45-degree (0.8 rad) bend and 5 feet (1524 mm) for each 90-degree (1.6 rad) bend. The maximum length of the exhaust duct does not include the transition duct.

Ordinance 11-16 2006 International Residential Code Page 21 of23 Exceptions: Where the make and model of the clothes dryer to be installed is known and the manufacturer's installation instructions for the dryer are provided to the building official, the maximum length of the exhaust duct, including any transition duct, shall be permitted to be in accordance with the dryer manufacturer's installation instructions, and provided that a 4 inch by 6 inch sign red in color with white letters is permanently affixed to the structure stating the following: Warning: Dryer must be approved for vent length not to exceed 40 feet total developed length (TDL.)

Duct Size: (Number) Total Developed Length: (Number) Section 7.

Chapter 31. Vents of the 2006 International Residential Code is amended as follows: Section 3114 Air admittance Valves of the 2006 International Residential Code is amended as follows: P3114.3 Where permitted. Individual vents, branch vents, circuit vents, and stack vents may be permitted to terminate with a connection to an air admittance valve. Air admittance valves shall only be installed with the prior written approval of the Building Official.

Section 8.

Chapter 33. General Requirements of the 2006 International Residential Code is amended as follows: Section 3306 Electrical conductors and Connections of the 2006 International Residential Code is amended as follows: E3306.2 Conductor material. Conductors used to conduct current shall be of copper as provided in Chapters 33 through 42. Where the conductor material is not specified, the material and the sizes given in these chapters shall apply to copper conductors. Where other materials are used, the conductor sizes shall be changed accordingly.

E3306.3 Minimum size of conductors. The minimum size of conductors for feeders and branch circuits shall be 12 AWG copper. The minimum size of service conductors shall be as specified in Chapter 35. The minimum size of class remote control, signaling and power-limited circuits conductors shall be as specified in Chapter 42.

Chapter 35. Services of the 2006 International Residential Code is amended as follows:

Ordinance 11-16 2006 International Residential Code Page 22 of23 Section 3501 General Services of the 2006 International Residential Code is amended as follows: E3501.2 Number of services. One-and two-family dwellings or Property zoned single family (SF) or Two Family (2F) district(s) shall be supplied by only one service. Additional service for an accessory use(s) shall only be installed with the prior approval of the Building Official.

Chapter 36. Branch Circuit Feeder Requirements of the 2006 International Residential Code is amended as follows: Section 3602 Branch Circuit Ratings of the 2006 International Residential Code is amended as follows: E3602.5 Branch circuits serving multiple loads or outlets. General-purpose branch circuits shall supply lighting outlets, appliances, equipment or receptacle outlets, and combinations of such. The rating of a fastened-in-place appliance or equipment, where used in combination on the same branch circuit with light fixtures, receptacles, and/or other appliances or equipment not fastened in place, shall not exceed 50 percent of the branch-circuit rating. Multi-outlet branch circuits serving lighting or receptacles shall be limited to a maximum branch- circuit rating of 20 amperes. The maximum number of outlets connected to general purpose branch circuits shall be ten (10) for 15-amp circuits, and thirteen (13) for 20-amp circuits.

End of Exhibit "A"

Ordinance 11-16 2006 International Residential Code Page 23 of23 Exhibit 28

STATE OF TEXAS ) ) CERTIFI CATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in Lhe perfo rmance or Lhc fun ctions o f my office, that the attached instru ment is a full , true and correct co py or the Town of Lakewood Village Ordinance 13-07. The same appea r or record in my orficc and said doc uments are the offi cial records from the public office o l' the Town Secretary of the Town of Lakewood Vi llage. Denton County. Texas. and arc kepi in said office.

I further ce11ify that I am the Town Secretary of the Town of Lakewood Vi llage. that I have legal cuswdy of said records. and that 1 am a lawfu l possessor and keeper of the records in said offi ce.

In witness whereof I have hereun to set my hand and affixed Lhe official seal of The Town of Lakewood Vi llage this 19th day of March, 20 14.

~o~bo-QQ Lin a ASbcll. TRJvlC. Town Secretary Town of Lakewood Vi ll age Denton County Sime of'Tcxas

TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE NO. 13-07 AN ORDINANCE OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS, REGULATING SUBDIVISIONS AND OTHER PROPERTY DEVELOPMENTS, PROVIDING FOR PRELIMINARY PLATS, FINAL PLATS, MINOR PLATS, VACATION OF PLATS, REP LATS AND AMENDMENT OF PLATS; PROVIDING FOR DEVELOPMENT PROCESS; PROVIDING FOR STANDARDS AND REQUIREMENTS; PROVIDING FOR STREETS AND DRAINAGE, WATER AND SEWER INFRASTRUCTURE; EXTENDING REGULATIONS TO THE TOWN'S EXTRA TERRITORIAL JURISDICTION; PROVIDING SEVERABlLITY CLAUSE; PROVIDING SA VTNGS CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEP ARA TE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURJNG OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A REPEALER; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Town Council (''Town Co uncil") desires to amend Ordinance 08-06 and all other ordinances regard ing the Town' s rules and regulations for subdivi sions and property development as authorized by C hapter 2 12, Texas Local Government Code, as amended; and WHEREAS, the Town Council (" Town Council") desires to review for approval or disapproval plan. plats, and replats filed with the Town as authori zed by Chapter 2 12, Tex. Loe.

Gov. Code (Vernon), as amended; and WHEREAS, the Town Co unci l finds that there is a public necessity req uiring adoption of this Ordinance, said public necessity being the need to establ ish rules and regulations for subdivisions and property development and extend such rules and regulations to the extrate1Titorial jurisdiction of the Town (''ETJ") to protect the public health, welfare and safety of the citizens of the Town and the ETJ; and WHEREAS, the Town Council is authorized and empowered to or require the developer to (i) design, install or improve streets, roads, water and a sanitary sewer systems within the Town by constructing, extendi ng, or enlarging such system, and is further authorized to adopt any rules and regulations appropriate to the exercise of such powers, and to (ii) protect the publi c health. welfare and safety of the citizens of the Town; and WHEREAS, the Town Co uncil has conducted a publi c hearing on the application of the Town 's regulations for subdivisions and property development to its ETL and the Town Council finds and determines that a ll required notices and hearings in this regard have been given and that the meeting at which the public hearing has been held and at which this ordinance is being adopted were open to the publi c and conducted according to applicable law; and

Ordinance 13-07 Subdivision Regulations Page I of24 WHEREAS, the Town Counci l is authorized and empowered to app ly the Town ' s regulations for subdivisions and property development to its ETJ pursuant to Section 2 12 .003 of the Texas Local Government Code; and WHEREAS, the Town Counc il hereby finds that the adoption of this O rdinance is in the best interests of the health, safety and welfare of the citizens of the Town .

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS:

ARTICLE I. JN GENERAL Sec. I. Findings Incorporated.

The findings set forth above are inco rporated into the body of this ord inance as if ful ly set forth herein.

Sec. 2. Short title.

The following regu lations are hereby adopted and shall be known a nd may be cited as "Town of Lakewood Vi llage Subdivision and Pro perty Developmen t Regula tions:· Sec. 3. Definitions.

The following words, term s, and phrases, w hen used in this chapter, shall have the mean ing ascribed to them in this section, except where the contex t clearl y indicates a different meaning.

Words not specifically defined shall have the meanings given in Webster's Ninth New Collegiate Dictiona ry. as revised.

Access01y structure or building shall mean a subord inate structure or bui lding customari ly incident to and located on the sa me lot occupied by the ma in structure or building.

Applicant shall mean the owncr(s) of the property to be developed.

Bond shal I mean any fo rm o r securi ty, including a cash deposit. surely bo nd, or instrument of credi t in an amount and fo rm approved by the Town.

Building shall mean any structure designed o r bui lt for the support. enclosure, shelter or protection of persons, ani ma ls, chatte l o r pro perty of any kind.

To 111n means To v.rn of La kewood Vill age.

Town Council means Town Counc il o f the Tov.rn of Lakewood Village.

Town standards· shal l mean those standards and speci fl cations. together with al I tables,

Ordinance 13-07 Subdivi sion Regulations Page 2 of 24 charts, graphs, drawings and other attacltmcnts hereinafter approved and adopted by the Town Council. which may be amended from time to time. and are admini stered by the Town staff fo r the construction and installation of streets. sidewalks, drainage fac ilities, water and sanjtary sewer mains and any other pub lic faci lities. All such faci lities which are to become the property of Lhe Town upon completion must be constructed in conformance with these standards.

Construction plans shall mean the maps. drawings and technical specifications, including bid documents and contract conditions, where applicable, which provide a graphi c and written description of the character and scope or the work to be performed prepared for approval by the Tovm for construction.

Cross drainage shall mean a defined waterway course, approximately perpendi cular to the proposed roadway. which requires the construction of a bridge. pipes or box culvert, or other structure to conduct drainage under the roadway.

Developer shall mean any person. corporation, governmental or other legal entity engaged in the development of property by improvin g a tract or parcel of land fo r any use. The term "developer'' is intended to include the tenn ·'subd ivider. '" Development shall mean the construction of one (I) or more new bui ldings or structures, or the structural alteration, relocation or en largement of one (1) or more new bui Idings or structures of an ex isting building or structure on one ( 1) or more building lots or sites. or the installation of site improvements.

Easement shall mean a grant by a property owner to the public. a corporation, or persons for a general or specifi c use of a defined strip or parcel of land, for such purpose as the installation, construction maintenance and/or repair of utility li nes, drainage ditches or chaimels, or other public services, the ownershi p or title to the land encompassed by the easement being retained by the owner of the property.

Engineer shall mean any person du ly aut horized under the Texas Engineering Practice Act (V.A.C.S. art. 327 1a). as amended. to practice the profession of engineering.

Engineering plans shall mean the maps and drawings required for plat approval.

Lot shall mean an undi vided tract or parce l of lai1d having access to a street, wh.ich is designated as a separate and distinct tract or lot num ber or symbo l on a duly approved plat fi led of record . The terms "lot" and ·•tract" shall be used interchangeably.

Off-site shall mean any premises not located within the property to be developed. regardless of o·wnership.

Owner shall mean any persons, firm or corporation having legal title to the property.

Plat shall mean a map representing a tract of land showing the boundaries of individual properties and streets or a map, drawing, chart, or plan showing the layout of a proposed

Ordinance 13-07 Subdi vision Regulations Page 3 o f 24 subdi vision into lots, blocks, streets. parks, schoo l sites, commercia l or industrial sites, drainage ways, easements, alleys, which an applicant submits for approval and a copy o f which he intends to record with the County Clerk of Denton Coun ty.

Plat, f; nal, shall mean the map or plan of a proposed develo pment submitted for approval by the Town Council , where required, prepared in accordance with the provisions of this chapter and requested to be fi led with the County C le rk of Denton County.

Plat, preliminary, sha ll mean the initi al map or pJan of a proposed deve lo pment showing the general layout of streets. blocks and lots, uti li ty systems. and drainage systems.

Righ1-<~f-way shall mean a strip of land acquired by dedication, prescription or condemnation and intended to be occupied by a road, sid ewalk, railroad, electric transm ission facility, water mains. sewer mains, storm drainage or other similar faci lity. Rights-of-way intended fo r streets, sidewalks. water mains, sewer mains. or any other use involving maintenance by a publ ic agency shall be dedicated to the public use by the plat applicant either by easement or in fee s imple title.

Streets and alleys shaJl mean a way for vehi cular traffic, whether designated as a street highway. thoroughfare, parkway. throughway. road. avenue, boulevard. lane, alley. place or however otherwise designated. Town streets shall confonn to the fo ll owing classifications: ( I) An eri al streets and hi ghways are those which are used prima ril y for higher speed and hi gher volume traffic . Routes for such streets shall provide fo r cross-town c ircul ati on and through-town movements. (2) Coll ector streets are those which carry traffic from minor streets to the major system of ruteri al streets and higll\.vays. including the principal entrance. circulation streets of a residential development and streets for c irculations within such a development of a residential s ubdivision .

(3) Mi nor streets are those. wh ich are used primaril y for access to abutting properties.

(4) Marginal access streets are minor streets located parallel to and adjacent to arteria l streets and highways, providin g access to abutting properties and protection from the traffic of the thoroughfares.

(5) Alleys are minor ways used primarily for access to abutting properties for vehi cle service usuall y to the back or side of a property.

Srrucrural alreralions shall mean the installati on or assembly of any new structural components, or any change to ex isting structural components, in a system, bu ilding or structure.

Structure shall mean anything constructed or erected, which requires location on the ground. or attached to something hav ing a locati on on the grOlmd. incl uding, bur not limi ted to, buildings of all types and ground signs, but exclusive of customary fences or boundary or retaining walls.

Subdivision shall mean div iding a tract in two (2) or more parts for the purpose of creating

Ordinance 13-07 Subdivision Regulati ons Page 4 o f 24 lots, including an addition to the Town, to lay out suburban, bui lding or other lots or to lay out streets, alleys, squares, parks, or other parts of the tract intended to be dedicated to the public use or for the use of purchasers or owners of Jots fronting on or adjacent to the streets, alleys. squares. parks or other parts. "Subdivision" refers Lo any division irrespective of whether the actual division is made by metes and bow1ds description in a deed of conveyance or a contract for a deed, by using a contract of sale or other exec utory contract to convey, or by us ing any other method . A subdivision does not include a division of land into parts greater than fi ve (5) acres, where each part has access and no public improvement is being dedicated.

Sec. 4. Purpose.

The purpose of this ordinance is to set forth the procedures and standards for development of prope1ty, layout and design o f subdi visions or rea l property within the corporate limits o f the Town which are intended to promote the health, sa fety and general welfare of the Town and the safe, orderly, and healthful development of the Town.

Sec. 5. Compliance required.

(a) Any owner of land who proposes the development of a lot or tract of land located within the corporate limits of the Town or ETJ or the subdi vision of a lot or tract located in the corporate limits of the Town or ET.I shall have a plat of the lot or tract of land or subdivision prepared and approved in accordance with a ll Ordinances of the Town and recorded with the County Clerk of Denton County.

(b) Notwithstanding paragraph (a) above, a plat shall not be required where the deve lopment of the Jot or tract of land is for the sole purpose of performing a lteration(s) or improvements to an ex isting single-fam ily residence or the a uxiliary uses thereto. All such alterations or improvements must be permitted in compliance with a ll app licable codes and ordinances of the Town (c) No Final Plat shall be approved within the Town o f Lakewood Village or its extraterritorial jurisdiction until the appli cant has made adequate provision fo r thoroughfares as shown on rhe Thoroughfare Plan (map) as approved by the Town. The Thoroughfare Plan is a guide fo r the roadway co1111ections and types that will be needed in the future. Subject to Town Counc il, or designee approval as long as the c01m ection is made whether or not it is close to the exact a lignment shown on the Thoroughfare Plan. no Thoroughfare Pl an amendment should be necessary. T he design and con struction of the proposed thoroughfare shall be in conformance wi th the Town's master plans for thoroughfares and with any adopted Development Standards.for Construction (DSC), and shall be subject to approval by the Town Counci l, or des ignee. If a different roadway type is found to be adequate or if the connec tion is not proposed to be made. then the plat may not be approved un less the thoro ughfa re plan is am ended . A T raffi c Impact Analysis may be required prior to approval of the proposed amendment .

Sec. 6. Extension of Subdivision Rules and Regulations, Building Standards and Construction Permits and Fees, and Uniform Codes to the Extraterritorial Jurisdiction.

Ordin ance 13-07 Subdiv ision Regulat ions Page 5 of 24 This ordinance is hereby adopted under the authority of the Constitution and laws of the State of Texas including Texas Local Government Code Chapter 212, and is being adopted after conducting a public hearing on the matter.

The Town Co uncil hereby amends Ordinance 08-06, the Town of Lakewood Village Subdivision and Property Regul ati ons by ex tending the application of the Town of Lakewood Village Subdivision and Properly Regulations to the exu·atetTitorial jurisdiction of the Town, as that area may exist from time to time. This ordinance shall be applicable to the filing of plats, the subdi vision of land, and development of property wi thin the corporate limits of the Town and its extraterritorial jurisdiction as they may exist from time to time adjusted.

All ordinances of the Town. including Ordinance I0-01. which by such ordinance(s) the Town Counci l has adopted and made applicable to the Town the uniform codes, including but not limited to those concerning and applicable to building, plumbing. mechanical energy, fuel and gas, property maintenance. electrical, fi re and all appendices thereto, and all ordinance(s) concerning and related to permits and permit fees for building and construction, shall be and are hereby an1ended to apply and extend all such ordinances and their provisions to the "ETJ" of the Town to the full extent as permitted by law.

The Town shall have all remedies and rights provided by Tex.as Local Government Code, Chapter 212. with regard to the control and approval of subdivisions and plats and prope1iy development both within the Town and within its ETJ to the full extent as pem1itted by law.

ARTICLE II. PLATS DlVlSION 1. GENERALLY Sec. 7. Fees.

The applicant for approval of a preliminary plat, final plat, replat. amended plat, minor plat or modified final plat shall, upon submi ssion of the plat application and all requi red documentation, pay a nonreturnable fee, as estab lished by the Town Council, for the review and processing of the plat application. Upon approval of the final plat, rcplat, amended plat or final minor plat. the applicant shall pay an additional recording fee established by the county for recording the plat with the county clerk.

Prel iminary. Replal and Fi nal Plat Review Fees. A preliminary plat, replat. and final plat review fee shall be paid to the Town upon the filing of the preliminary and final plat in accordance with the following sched ul e: $700 per plat plus $20.00 per lot.

Sec. 8. Process for approval.

(a) The plat shall be scheduled for considerati on at the next regular meeting of the Town

Ordinance 13-07 Subdivision Regulations Page 6 of24 Council.

(b) If the plat is disapproved by the Town Council, the applicant may correct the items of concern and resubmit the plat for approval one ( I) time within six (6) months by paying one-half (1/2) of the original fee. 1f the plat is disapproved a second time or if a second request is not received within six (6) months of the first disapproval , the applicant wi ll be required to repeat the plat application process from the beginning and pay all standard application fees.

(c) An applicant may withdraw his plat application from consideration at any time during the application process by fil ing a written notice of withdrawal with the Town. Upon fi li ng the notice to withdraw, the Town shall discontinue processing the plat application. The applicant must fil e a written request to proceed with further consideration of the plat v.rithin six (6) months of withdrawal and the Town shall continue the application process. If the request to proceed with fmther consideration of the plat is filed more than six (6) months after filing the notice of withdrawal, the applicant shall be required to repeat the plat applicati on process from the beginning and pay the standard application fees.

Sec. 9. Requirements for approval of application by Town Council.

(a) Within thirty (30) days of the date that the application is deemed administratively complete, the Town Cmmcil shall approve a plat if it complies with the requirements of this chapter, the applicant is not in arrears in the payment of any debts owed the Town required by this chapter on a previous plat, it conforms to the general plan of the Town and its current and future streets, alleys, parks, playgrounds, and public utility facilities plans, and it conforms to the Tow11's general plan for the extens ion of roads, streets, and public highways, taking into account access to and extension of sewer and water mains and instrumentalities of public utilities.

(b) A plat is considered approved by the Town Council unless it is disapproved within such thirty-day period.

Sec. 10. Recordation.

(a) Preliminary plats are not recorded with the county clerk.

(b) Applicant shall record all plats with the county clerk upon the Town Council's approval of the plat and the applicant' s submission of the required recording fee to the County.

(c) Applicant shall record all other plats with the county clerk upon the Town Council ' s approval of the plat and the applicant' s submission of the required recording fee to the County.

(d) A fiJ1al plat shall become null and void six (6) months after its approval by the Town Council, unless the final plat is filed and recorded in Denton County Clerk Real Property Records.

Ordinance 13-07 Subdivision Regu lations Page 7 of24 (e) A general development pl an shall become null and vo id six (6) months after its approval by the City Council, unl ess the general development p lan is filed and recorded in Denton County Clerk Real Prope rty Records.

Sec. 11. Approval of preliminary plats.

Approval of a preliminary plat shall be deemed to be an expression of approval to the layout submjtted as a guide to the preparation of the final plat and shall not constitute approval of a final plat.

DIVISION 2. PRELIMI NARY PLATS Sec. 12. Form, contents and required documentation.

(a) Preliminary plats shall be fi led with the town secretary. The town secretary shall stamp the fo llowing notice on the face of each preliminary plat: "Preliminary plat for inspection purposes only and in no way official or approved for record pmposes and not approved for constructi on." (b) When fi ling a preliminary plat appl ication, it s ha ll be accompani ed by the fo llowing mirumum documentation: (1) Completed preliminary plat application; (2) Eight (8) copies of the plat; (3) Eight (8) copies of engineeri ng plans; (4) Deed showing current owne rship of the platted property; (5) Tax certificates showing property owner is not in arrears in payment of taxes; and (6) Nonrefundable application fee, as establi shed by the Town Council.

(c) Preliminary plats must meet the fo llowing criteria and contain the fo llowing information: ( 1) Scaled drawing no sma ller than I" = 200' on a sheet size no greater than twenty-four (24) inches by thirty-six (36) inches (multiple sheets may be submitted; however , each sheet must be registered and match lines to allow assembly of the multiple sheets); (2) Boundary of the s ubject tract; (3) All ex isting and/or proposed streets and alleys with street names, widths and relation to surrounding existing street patterns;

Ordinance 13-07 Subdivision Regulations Page 8 of24 (4) Approximate width and depth 1of all proposed lots; (5) Layout, in dotted lines. of all adjacent lots to the property being platted showing lot size, lot and block num bers. name of existing subdivision or prope1ty owner if undeveloped property: (6) FEMA designated 100-year floodplain boundary; (7) Date. scale, north point, and small scale location map; (8) Name and address of a ll prope1rly mvners of the property being platted: (9) Name and address of engineer and surveyor; and ( I 0) Signed statement of the enginieer and/or surveyor who prepared the preliminary plat indicating the records or s urvey from which the property description of the boundary of the proposed plat was developed.

(d) The engin eering plans shall be in compliance with the current adopted construction standards of the Town and shall consist of the following: (1) Layout of all needed off-site utilities; (2) Water system layout, includinf: size o f line and fire hydrant location; (3) Sewer system layout, including size of line, location of manholes and cleanouts; (4) Drainage plan prepared in accordance with standard 100 year flood frequencies rainfalls which shows the overall analysis of the change of existing condition to fully developed condi tion and ident ify approximate location where water will exit the subdi vision. Drai nage plan sha ll show a ll contours for proposed development; and (5) As-b uilt drawings o f existing structures. if applicable.

DIVISION 3. FrN AL PLATS Sec. 13. Form, contents and required documentation.

(a) Final plats are mandatory.

(b) In cases where a pre liminary p lat was previously approved, the final p lat shall confo1111 to the approved prelim inary plat.

(c) Final plats shall be filed w ith the City Secretary and shall be accompanied by the fo llowing minimum documentation:

O rdinance 13-07 Subdivision Regulations Page 9 of24 (I) Completed fina l plat applicalion; (2) Eight (8) copies of the plat; (3) E ight (8) copies of engineering plans; (4) Deed sho\.ving current ownershi p of the platted property; (5) Tax certificates showing property owner is nol in arrears in payment of taxes; (6) A slalement on the plat application showing that all fees owed the Town on any prior proj ects has been paid in ful l at the time the application was fi led; and (7) Nonrefundable application fee. as established by the Town Cow1cil.

(d) Fi na l plats must meet the fo llowing criteria and contain the followi ng in fo rmation: ( 1) Scaled drawing no small er than l" = 100 1 on a sheet size no greater than twenty-four (24) inches by thi1ty-six (36) inches (multiple sheets may be submitted: however, each sheet must be registered and match li nes to a llow assembly of the multiple sheets and an index sheet shall be drawn on a sheet twenty-four (24) inches by thirty- six (36) inches showing the entire property being pl atted) ; (2) The shape and the exterior boundaries of the property being platted shall be indicated by the use of a distincti ve and individ ual symbol; (3) The length of all strai ght li nes. deflection angles, rad ii, arcs, and central angles of all curves sha ll be g iven along the property lines of each street or tabulated on the same sheet showing all curve data with its symbol. A ll dimensions a long the lines of each lot with the an gles of intersections which they make with each other shall be indicated; (4) The names of all adjo ining subdivisions, tJ1e side li nes of abutting lots, lot and block numbers, all in dotted lines, and where possible, accu rate reference ties to at least two (2) adjacent recogni zed land co rners shall be cl early ind icated; (5) The description and locati on of a ll survey monuments placed on the property being platted shal l be indicated; (6) A title shall be indicated, inc luding the name o f the property being platted, the name of the appli cant and scale and location of the property being p latted with reference to original surveys and a north poi nt which may be magnetic or true north, with notation stating which.

(7) FEMA designated I 00-year fl oodplain boundary. including fini sh floor elevation established a minimum of three feel above the calculated I 00 year flood. A

O rdinance 13-07 Subdivision Regulations Page 10 of24 surveyor's certificate shal l be placed on the final pl at as fo ll ows: KNOW ALL MEN BY TH ESE PRESENTS: T hat I, , do hereby ce11ify Lhat I prepared this plat from an actual and accurate survey of the land and that the com er mo numents shown thereon were properl y placed under my personal supervision, in accordance with the Subdivision and Property Develo pment Regulatio ns of the Town of Lakewood Vi llage, Texas.

Signature Texas Reg. No.

(9)A certificate of ownership and of dedication of all streets. alleys. easements and lands to public use forever, signed and acknowledged before a notary public by the owner of the .l and, shall appear on the face of the map, co ntainjng complete and accurate description of the property being platted and the streets dedicated; (10) The applicant w ill furni sh the Town a copy of the dedication at the sam e time the final plat is submitted for approval; and ( 11 ) The fo llowing certificate of approval by the Town Council shall be placed on the plat: Approved this day o f _ _ _ _, 20_ _ _ _, by the Town Council of tbe Town of Lakewood Vi llage, Texas.

Mayor Town Secretary (e) The engineering plans shall be in compl iance with the current adopted construction standards of the Town and sha ll consist of the fo llowing: ( 1) Street layout and grades; (2) Water system layout, including size of line and fire hyd rant location; (3) Sewer system layout, incl uding size and grade of lines. locatio n of manholes and cleanouts, and lift station des ign: (4) Al l drai nage structure desig ns, ana lysis of as-is and fu ll development for where the water exits the subdivision, ana lysis of a ll streets to determine if they meet drainage criteria, FEMA fl oodplain and fl oodway boundaries (if applicable), and letter(s) of

Ordinance 13-07 Subdivision Regulations Page 11 of24 release from property owners affected by diversion of water (except for watercourse(s) designated on current Town topography maps); and (5) As-built drawings of existing structures, if applicable.

DIVISION 4. VACATION OF PLATS , REPLATS AND AMENDMENT OF PLATS ' Sec. J 5. Vacation of plats.

(a) Any plat, replat or amended plat previously recorded w ith the county clerk may be vacated by the property owner(s) at any time prior to the sale of any lot therein by filing a written signed and acknowledged instrument declaring the same to be vacated and recorded with the county clerk.

(b) If the one (1) or more lots have been sold, the plat, rep lat or amended plat may be vacated by the property owners by tiling a written signed and acknowledged instrument with the town secretary. The vacating instrument must be approved by the Town Council in the same manner as the original p lat, replat or amended plat. The Town Council shal l disapprove the vacating instrument wh ich abridges or desh·oys public rights in any of its public uses, improvements, streets, or alleys. Upon approval by the Town Council , the vacating instrument may be recorded with the county clerk and the vacated plat, replat or amended plat shall have no effect.

State law reference(s)--Vacating plats, V.T.C.A., Local Government Code§ 212.013.

Sec. 16. Replats without vacating preceding plat.

A replat may be recorded and controls over a previously recorded p lat without vacation of that plat if the replat is signed and acknowledged by the owners of the property bei ng platted, does not attempt to amend or remove any covenants or restrictions, and is approved, after a public heari ng on the matter, by the Town Counci l.

Sec. 17. Plat amendments or corrections.

(a) The Town Council may approve and issue an amended plat, which may be recorded with the county clerk and controls over the preceding plat without vacation of the plat, if the amended p lat is signed by the applicant(s) and is solely for one (1) or more of the following purposes: (1) To co1Tect an error in a course or distance shown on the preceding plat; (2) To add a course or d istance that was om itted on the preceding plat; (3) To con-ect an e1Tor in the description of the real property shown on the preceding plat;

·state law refe1·ence-Vacating plats, amending plats, etc., V.T.C.A. Local Government Code § 12.0 13 et seq.

Ord inance 13-07 Subdivi sion Regulations Page 12 of24 (4) To indicate monuments set f011h after death, disability, or retirement from practice of the engineer or s urveyor responsible for setting monuments; (5) To show the proper location or character of any monument which has been changed in location or character or which 01iginal ly was shown incorrectly as to location or character on the preceding plat; (6) To correct any 0U1er type of scrivener's or clerical error or omission previously approved by the planning and zoning commi ssion and/or Town Council, including lot numbers, acreage, street names, and identification of adjacent recorded plats; (7) To correct an error in courses and distances of lot lines between two (2) adjacent lots where both lot owners join in the application for plat amendment and neither lot is abolished; provided, that such amendment does not attempt to remove recorded covenants or restrictions and does not have a material adverse effect on the property rights of the other owners in the plat; (8) To relocate a lot line in order to cure an inadvertent encroachment of a buildjng or improvement on a lot line or on an easement; (9) To relocate one ( I) or mo re lot lines between one (1) or more adjacent lots where the owner(s) of all such lots join in the application for the plat amendment; provided, that such amendment does not attempt to remove recorded covenants or restrictions and does not increase the number of lots; or (10) To make necessary changes to the preceding plat to create six (6) or fewer lots in the plat if the changes do not affect applicable zoning and other regulations of the Town, and the changes do not attempt to amend or remove an y covenants or restrictions and the area covered by the changes is located in an area that the Town Council has approved, after a public hearing, as a residential improvement area.

(11 ) To replat one or more lots fro nting on an existing stTeet if the owners of all those lots join in the application for the amendment; the amendment does not attempt to remove recorded covenants or restrictions or increase the number of lots; and, the amendment does not create or require the creation of a new street or make necessary the extension of murucipal facilities.

(b) Notice, a hearing, and the approval of other lot owners are not required for the approval and issuance of an amended pl at.

ARTICLE Ill. DEVELOPMENT PROCESS Sec. 18. Construction of infrastructure.

(a) Following approval of the final plat, the plat applicant shall submit full construction plans for all proposed infrastructure to be constructed for the platted property. Construction plans

Ordinance 13-07 Subdivision Regulations Page 13 of 24 submitted shall be in conformance with the approved plat. The Town engineer shall review the submitted plans fo r compli ance with the construction standards adopted by the Town.

(b) Upon approval of construction plans by Town Council, the pl at applicant and/or the plat applicant' s contractor w ill provide wri tten notification to the Town engineer of the intent to commence construction of the required infrastrucrure. No work may be perfo1med unless written notification has been provided to the T own engineer. The written noti fication shall contain the following infonnati on: (I) Name of the plat or subdivision: (2) Plat applicant's name; (3) Contractor's name, address and phone number; (4) Type of constructi on to be pe1fonncd; and (5) Estimated value o f construction contract.

(c) The Town engineer sha ll issue an acknowledgment of receipt of notification to the developer and/or hi s contrac tor.

Sec. 19. Acceptance of infrast r ucture.

(a) Upon completion of a ll required in fras tructure, prior to the acceptance of the subdivision by the Town for maintenance, the applicant shall post, or cause to be posted, a maintenance bond executed by a corporate surety or corporate sureties duly authorized to do business in this state, payabl e to the Town and approved by the T own as to form, to guarantee the maintenance of the construction for a period of one ( 1) year after its completi on and acceptance by the T own. In lieu of a maintenance bond: the applicant may subm it either an irrevocable letter of credit payable to the Town and approved by the Town as to form or a cash bond payable to the Town and approved by the Tovm as to fo rm . The actual value of the maintenance bond or letter of credit or cash bond shall be ten ( 10) percent of the full cost of the water and sewer system and fifteen (15) percent of the full cost of the cost of street and drainage constructi on, as determined by the estimate o f construction costs .

(b) Upon receipt of the approved maintenance bond, irrevocable letter of credit or cash bond. the Town engineer shall issue a wri tten letter o f acceptance of the infrastructure and noti fy the building and development department that the subdivision has been accepted by the Town.

Sec. 20. Building permits issu ed prior to completion of infrastructure.

(a) In the event an appl icant wishes to obtai n building permi ts prior to acceptance of the subdi vision by the Town , the applicant shall post with the Town a completion bond executed by a corporate surety or corporate sureti es duly authori zed to do business in thi s state, payable to the Town and approved by the Town as to form ro r all construction included in the approved

Ordinance 13-07 Subdivision Regulations Page 14 of24 construction pl ans that has not been completed. In lieu of a comp letion bond, the appl icant may submit either an irrevocable letter of credit payabl e to the Town and approved by the Town as to form or a cash bond payable to the Town and approved by the Town as to form.

(b) Under no circumstances shall building above the foundation be permitted until adequate fire protection is availabl e. Adequate fire pro tection means: ( I) Town utilities are insta lled; (2) Fire hydrants providing protection arc operational; and (3) Streets are open and drivable, street subgrades worked to proper compaction and base course install ed, graded and leveled. to faci litate veh icle movement.

(c) After the plat has been recorded and the completion bond, irrevocable letter of credit or cash bond has been rece ived and approved by the Town, the Town engineer shall notify the building and develo pment department. by lot and block numbers, that bui lding perm its may be issued.

Sec. 21. Agreements with the Town.

(a) Al l agreements entered into between the Town and the deve loper and/or applicant, as a condition of plat approval, shall be recorded al ong with the final plat.

(b) The executed agreement shall be submi tted to the Town Counc il in conjunction with the original drawings required for fili ng and recordati on.

ARTICLE IV. ST ANDARDS ANO REQU IREM ENTS DIVISION I.GENERALLY Sec. 22. Lots and blocks.

(a) All lots o f the plat shall front on a dedica ted street.

(b) In general, lots sha ll conform in width, depth, and area to the pattern already established in the adjacent areas. havi ng due regard to the character of the neighborhood, its particular suitability fo r residenti al purposes, and also tak ing into consideration the natural topography of the ground, drainage, sanitary sewage facilities, and the proposed layout of the streets.

(c) Lots shall have the size, wi dth measurements, front, rear, and side yard requi rements required by the current T own Zoni.ng O rdinance ..

(d) The area of the lots sha ll be computed by taki ng the average wicJth of the lot times the average deptl1 of the lot measured from the sa-eet line to the rear lot line.

Ordinance 13-07 Subdivision Regul ations Page 15 o f 24 (e) All sidel ines oflots shall be at right angles to straight street lines or radial to curved street Ji nes, unJess a variation from this rul e wou ld. in the opinion of the Town Council , produce a better lot plan and better utili ze the proposed development.

Sec. 23. Park sites.

The Town Council shall consider offors of land fo r parks or playgrounds which conform to the cmrent master plan adopted by the Town, provided such plan exists.

Sec. 24. Use of Town condemnation authority.

(a) Water and sewer mains, force ma ins and lift stations, streets and drainage ways shall be located in easements or rights-of-way secured and paid for by the applicant. Such easements shall be properly assigned to the Town before service is extended to the subdivision.

(b) In cases where easements cannot be secured by the applicant, the applicant may file a written petition with the Town engineer, accompanying the plat application, requesting that the Town Council utilize its condemnati on authority. The written petit ion must sati sfy all of the fo ll owing criteria: ( l ) The applicant must establish that clear evidence of publi c need exists; (2) The applicant must establish that the proposed extension is in accordance with the cwTent adopted master utili ty ]plan(s), if such plan(s) exists; (3) The applicant must establi sh 1that the proposed extension will be able to serve other development areas; (4) The applicant must af,rree to pay al l costs of the condemnation; and (5) The appli cant must present written evidence that every practical attempt to secure the needed easements and/or right-of-way has been made by submitting the fo llowing: a. A condem11ation appraisal by an independent appraiser as to the cu1Tent market value and damages, if any, of acqu iring the easement and/or right-of-way; and b. Documentation that a written offer has been made to purchase the easement and/or right-of-way for the appraised value and the offer was rejected.

(c) The petition shall be forwarded to the Town for review and recommendation and schedu led for consideration by the Town Counci l.

DIVISION 2. STREETS AND DRAINAGE Sec. 25. Streets.

Ordinance 13-07 Subd ivision Regulations Page 16 of24 (a) Street w idths in subdi visions sha ll conform to: Designati on Right-of-Way (feet) Paving (feet) A + major arterial 110 86 A major arterial 11 0 90 B + minor arterial 90 66 B minor arteri al 80 56 C major collector 70 44 D minor collector 60 38 E minor local 50 31 (b) Existing streets sha ll be co ntinued where practical, as determ ined by the Town Council.

Continuations of existing streets shall have the same or greater ri ght-of-way, pavement widths, and composition as the existing streets being connected. Street names shall be continuous.

(c) All necessary street ri ghts-of-way shal l be dedicated as parl of the platting process and shall be dedicated to U1e Town w ithout cost.

(d) Dead-end streets may be platted where the land adjo in ing the plat has not been planed. In the event that such dead-end street exceeds one hundred fi fty ( 150) feet in length or one ( l ) lot width, from the nearest street intersection, the street will be provided with a cul-de-sac, e ither pennanent or temporary, having a mi nimum right-of-way radi us of fi fty (50) feet.

(e) Where dead-end streets are dictated by lot designs, such dead-end streets sha ll be provided with a pennanent .cul-de-sac havin g a mi nimum right-of-way rad ius of fifty (50) feet.

(i) No street intersection sha ll be designed havi.ng an inside angle of less than thi1ty (30) degrees between the two (2) intersecting street li nes, nor more than one hundred fi fty ( 150) degrees.

(g) Block lengths between intersecti ng cross streets or to the end of a cul-de-sac sha ll be no more than one thousand two hundred (1.200) feet.

(h) Streets, where practica l, shall be designed and platted with appro priate regard to topographical featmes, i.e., creeks and drainage ways. wooded areas, etc., with the aim of creating desirable and attractive treatments of s igni fican t existing features. (Ord. No . 95-38, § I, 4-25-95). Private Streets sha ll not be a llowed.

(i) Driveways; Any driveway or oth er common access to more than two residences wh ich is not de fined in Section 23(a), sha ll be considered a minor local road and shall conform to defined standards.

U) Streets shall be concrete w ith a mini mum lh ick.ness of 5" and shall meet current Town design standards as determi ned by the Town eng ineer.

Ordinance 13-07 Subd ivision Regulations Page 17 of24 Sec. 26. Alleys, reserve strips.

(a) Alleys and/or easements shall be laid in the rear of lots fronting on adjoining streets where practicable. In residentia l subdivisions. the minimum width of right-of-way o f an alley shall not be less than twenty (20) feet. All alleys shall be paved for the entire width of the right- of-way to the same specifications as minor residential streets. The rear or side line easement, where alleys are not provided , shall be a minimum of twenty (20) feel wide, ananged such that each lot shall have an equal ten-fool easement.

(b) No plat shov.ring reserve strips of land controlling access to public ways or adjoining properties wi ll be approved.

Sec. 27. Drainage in special flood hazard areas.

Drainage structures in areas of specia l Aood hazard m the Town shall comply with the provisions of the Town Ordinances.

Sec. 28. Drainage not in special flood hazard areas.

(a) Design of all improved open drainage courses and enclosed drainage structures shall be by a registered professional engineer in accordance with the cu rrent drainage design standards approved by the Town Council. A review of the downstream drainage system capacity to a point of di scharge into the lake area shall be made. The rate of storm waler discharge from the proposed development shall not exceed fl ow capacity of any ex isting structure or drainage system. Thi s may require storm water detention or retention on site of the project.

(b) The design and construction of all improved open drainage courses and enc losed drainage structures s hall provide for adequate access for the performance of necessary maintenance by the Town.

(c) All improved drainage courses and enclosed drai nage structures shall be dedi cated to the Tovm and accepted for maintenance by the Town upon approval of the construction by the Town engineer.

(d) The Town shall maintain all improved drainage courses. provided that the original des ign and construction has been approved by the Town engineer and accepted by the Town for maintenance.

(e) Improved open drainage courses shall con form as follows: ( I) Open drainage courses which carries runoff from a street, between two (2) lots. to a drai nage course running behind lots shall be a concrete-lined flume .

(2) Open drainage courses running behind lots may be of earlhen channel or concrete- 1ined channeL provided the type of channel used satisfies the design criteria (velocity, type of soil, etc.) in accordance w ith lJ1e current drai nage design standards approved by the Town Council.

Ordinance 13-07 Subdivision Rcgula1ion s Page 18 of24 (3) Where the open drainage course is a concrete- lined fl ume, the width of the easement shall be equal to the width o f the flume. All other open drainage co urses require the width of the easement to be equal to the width from top-of-bank to top-of-bank plus maintenance way needs as given in the drainage design standards.

(f) Enclosed drainage courses sha ll conform as fo llows: ( 1) Cross drainage for ri ght-o f-way needs shall be designed to meet the same requirements as its channe l.

(2) Permanent structures a nd improvements may be constructed upon and across improved enclosed drainage courses in business zoning districts and manufacturing zoning districts. Design sha ll be to accommodate the 100-year frequency flood.

(3) The width to the easement shall be equal to the width of the structure plus a width on each side of the structure to al low maintenance and/or repairs.

Sec. 29. Street name signs.

Street name signs and marke rs and Lraffic control signs, in accordance w ith standards adopted by the Town, will be required at each intersection. The developer will provide street signs and posts for the markers and make the in stallations when the subdivision is accepted by the Town for maintenance.

DIVISION 3. WATER AND SEWER INFRASTRUCTURE Sec. 30. General Provisions.

(a) The intent and purpose of th is division is to provide equitable charges for water and sewer connections as a proporti onate di stribution of the cost of the water and sewer main extensions to serve property withjn the Town. If the ex isting Town utility fac ilities are not within or adjacent to a subdivision, the developer shall con struct the necessary extension of water and sewer mains, force mains, force main s, and lift stations, including all valves, manholes, and piping necessary to serve any future development of abutt ing property as specified in thj s chapter. The deve loper' s engineer shall prepare a proposed plan of service fo r the subdivision and property along the extension whi ch sha ll be reviewed by the Town engineer. These facilities shall be constructed in accordance with both the master plan and the Technical and Admiill strative Manual for Water and Sewer System Development ("Manual").

(b) It is the genera l policy o f the Town that: (1) Water and sewer mains should be large enough to serve all the lots platted and, should the Town determi11e oversizing is necessary, the Town may participate m those lines greater than 8" fo r water and greater than 1O" for sewer.

Ord inance 13-07 Subdi vision Regulatio ns Page 19 of24 (2) All utilities shall be required to extend across the fu ll width of the last lot platted on each street proposed w ithin the subdi vision, in such an a li gmnem that it can be extended to the next property in accordance with the master sewer and water plans for the Town, provided such plan(s) ex ist. Properties already served by water and sewer shall not be required to install additi onal facilities unless: (I) The current lines are not of adequate capacity to serve the proposed development; in which case the applicant will be req uired to install adequate fac ili ties.

(c) Every lot of the plat shall have direct access to the water and sewer system. Utility service shall be from a water/sewer ma in located in an abutting ri ght-of-way or through easements from the lot to a water/sewer main.

(e) ( 1) The terms of this division sha ll be cumu lative of all other ordinances regulating subdi visions, and such other ordinances are not repealed by this division, except to the ex tent that such other provisions conflict with the terms of this chapter, in which event this chapter shall prevai l.

(2) The status of any prev iously designated line extension, lift station, or main shall be unaffected by this ordinance, save and except the Clear C reek pro rata line, designated in CCM #95-1 2 1R. The Clear Creek pro rata line designation is hereby rescinded.

(t) In addition to any other remedy provided by law, the Town and its officers shall have the right to enjoin any violation of thi s chapter by injunction issued by a court of competent jurisdiction.

Sec. 31. Water.

(a) No water main shall be extended unless the diameter of any such extended main is a minimum of six (6) inches inside the subdivision. Larger mains may be required per the water master plan, provided such plan exists.

(b) Water system layout shall be looped whenever possible. Dead-end mains shal l not exceed one thousand eight hundred ( J,800) feet or include three (3) fire hydrants. Single feeds may be permitted at the discretion of the Town engineer; however, any such denial may be appealed to the Town Council. Single feeds should include provisions for looping in future development.

(c) The location of fire hydrant(s) sha ll compl y with and be approved by the Town Engineer and/or Fire Marshall and insurance requiremen ts.

(d) Long water service taps shaU be installed whil e the subdivision is being developed. Short water service taps shall be installed when needed fo r development. Long water serv ice taps locations shall be clearl y marked w ith a plastic valve box directly above the tap. A Yi inch x 2 foot steel rod shall be driven verticall y 6" inches below the ground surface for the location of

Ord inance 13-07 Subdivision Regularions Page 20 of24 each water tap. No water serv ice taps smal ler than six (6) inches in diameter shall be allowed on water mains larger than twelve ( 12) inches in diameter.

Sec. 32. Sewer.

(a) No sewer main shall be extended un less the diameter of any such extended main is a minimum o f six (6) inches inside the subdivision. Larger rnaj ns may be required per the sewer master plan, provided such plan exists.

(b) Man.ho les are required any time th e alignment, slope, or diameter of the sewer main changes, or when two or more sewer ma ins intersect. In no case w ill the maximum spacing between manholes, or from a manhole to clcanout, exceed 500 feet.

(c) Sewer services for sewer mains located in roadways shall be instal led while the subdivision is being developed. Sewer services with d irect access to the sewer ma in without encroach ing on a roadway may be installed when needed for development. Sewer tap locations shall be clearly marked with a plastic valve box directly above the tap. A Yi inch x 2 foot steel rod shall be driven ve11ically 6" inches below the ground surface for the location of each water tap. Sewer services six (6) inches and larger require a manho le where they intersect the sewer mai.n. T he sewer service sha ll extend a mi nim um of ten feet (1 O') into the lot area.

(d) Minimum li ft station capacity shall be one hu ndred (I 00) gallons per minute and sha ll have at least two (2) pumps, each of wh ich shall be capable of pumping the design capacity of the lift station. The minimum size of the wet well shall be such that with any combination of inflow and pumping. the cycle of operation fo r each pump shall not be less than fi ve (5) minutes and the maximum retention time in the wet well shal l not average more than thirty (30) m inutes.

(e) Septic system holding tanks or any other sewage retai nage fac iliti es for the storage or removal of sewage are prohibited.

Sec. 33. Costs of Extensions.

a. Developer initiated. All costs of all water and sewer main extensions, force mains, and lift stations initiated by a developer in order to provide required service fo r their development area, sha ll be paid fo r by the deve loper. S uch costs may include; but is not necessarily li mjted to, right-of-way acquisition, pipes, motors, pumps, engineering, construction costs, inspection fees, and all weather access.

In no event shall the T own pay for any costs associated with water and/or sewer improvements.

Sec. 34. Use of Water and Sewer Tap Fees and Rate Revenues.

Tap fees and rate revenues shall be set in an amount sufficient to maintain and operate the system, with due regard for anticipated needs to improve, update, construct, and maintain the

Ordinance 13-07 Subdi vision Regulati ons Page 2 1 of24 system.

Sec. 35. Use of Town Condemnation Authority.

a. Water and sewer mains, force mains, and lift stations shall be located in easements, secured and paid for by the developer. and assigned to the Town before service is extended to the subd ivision. For the Tovm to consider to using condemnation authority to assist a developer in extension of the system, the applicant must show cl ear evidence that every practical attempt to secme the easement has failed and there is a public need and interest fo r condemnation. Specific criteria and procedures shall be as stated in the manual.

b. Upon compl iance w ith a ll procedures by the developer, the Tovv11 at least I 0 days prior to the hearing shall noti fy all property owners within the proposed easement and 200 feet therefrom. A hearing of facts by the Town Council is required. Determination of the Town Council shall be final.

Sec. 36. Property Owners & Homeowner Associations Property Owners Associations or Homeowner Associations which require mandatory membership and who require mandatory fees, dues, levies, or monetary assessments are prohibited.

Sec. 37. Severability.

It is hereby declared to be the intention of the Town Council that if any of Lhe sections, paragraphs, sentences, cla uses, and plu·ases of thi s Ordinance shall be declared unconstitutional or invalid by the valid j udgment or decree o f any coutt of competent jurisdiction, such unconstitutionality or invalidity sha ll not effect any of the remaining phrases, clauses. sentences, paragraphs, or sections of this Ord inance of unconstitutional or invalid phrases, clauses, sentences paragraphs or sections.

Sec. 38. Savings.

This Ordinance shall be cumulative of all other ordinances of the Town and shall not repeal any of the provis ions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ord inance; provided, however, that Ordinance No. 08-06 of the Town is hereby repealed, but provided that any complaint, action, cause of action, or claim which prior to the effective date of thi s Ord inance has been initiated or has arisen under or pursuant to Ordinance No. 08-06 shall continue to be governed by the provisions of that Ordinance and ror that purpose Ord inance No. 08-06 shall be deemed to remain and shall continue in full force and effect.

Sec. 39. Repealer.

Ordinance 02-0SA, Ordinance 00-09, Ordinance 08-06, and Ordinance 11-11 are hereby Ordinance 13-07 Subdivision Regulations Page 22 of 24 repealed.

Sec. 40. Penalty.

Any person who should violate any provision of thi s Ordinance or shou ld fail to comply herewith shall for each and every violati on or noncompliance be deemed guilty of a misdemeanor and shall be fined not more than $2,000.00 (two thousand dollars) and each day such violation shall be permitted to exist shall be construed a separate offense.

Sec. 41. Effective Date.

This Ordinance shall become effective from and after its date of passage and publication as provided by law.

PASSED AND APPROVED the 13 111 day of June , 20 13

Mifefc;:ttk-;;r, Mayor ATTEST: ~,~bepQ Lill;;bell, Town Secretary

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Exhibit 29

STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and conect copies of the 2006 International Residential Code, Chapter 1, Part 1, R 101.1 - Rll 4.2. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office.

I further ce1tify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office.

In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014.

Part I-Administrative CHAPTER 1 SCOPE AND ADMINISTRATION PART 1-SCOPE AND APPLICATION SECTION R101 GENERAL R101.1 Title. These provisions shall be known as the Residential Code for One- and Two-family DwefUngs of [NAME OF JURISDICTION], and shall be cited as such and will be referred to herein as ''this code." RlOl.2 Scope. The provisions of the International Residential Code for One- and Twofamily Dwellings shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures.

Exceptions: 1. Live/work units complying with the requirements of Section 419 of the International BuUding Code shall be permitted to be built as one- and two-family dwellings or townhouses. Fire suppression required by Section 4195 of the International Building Code when constructed under the International Residential Code for One- and Twofamily Dwellings shall conform to Section P2904.

2. Owner-occupied lodging houses with five or fewer guestrooms shall be pennitted to be constructed in accordance with the International Residential Code for One- and Two-family Dwellings when equipped with a fire sprinkler system in accordance with Section P2904.

R10L3 Intent. The purpose of this code is to establish minimum requirements to safeguard the public safety, health and general welfare through affordability, structural strength, means of egress facilities, stabi1ity> sanitation, light and ventilation, energy conservation and safety to life and property from fire and other hazards attributed to the built enviromnent and to provide safety to fire fighters and emergency responders during emergency operations.

SECTION R102 APPLICABILlTY R102.1 General. Where there is a conflict between a general requirement and a specific requirement> the specific requirement shall be applicable. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern.

R102.2 Other laws. The provisions of this code shall not be deemed to nullify any provisions oflocal, state or federal law.

R102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section

or provision of this code. R102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections Rl 02.4. l and R102.4.2.

Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and manufacturer's instructions shall apply.

R102.4.l Differences. Where differences occur between provisions of this code and referenced codes and standards~ the provisions of this code shall apply.

R102.4.2 Provisions in referenced codes and standards.

Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code 01· standard.

R102.5 Appendices. Provisions in the appendices shall not apply unless specifically referenced in the adopting ordinance.

R102.6 Partial invalidity. In the event any pmi or provision of this code fa held to be illegal or void, this shall not have the effect of making void or illegal any of the other paits or provisions.

R102.7 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Property Maintenance Code 01· the International Fire Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public.

R102.7.1 Additions, alterations or repairs. Additions., alterations or repairs to any structure shall conform to the requirements for a new structure without requiring the existing structure to comply with all of the requirements of this code:, unles!i otherwise slated. Additions, alferalions or repairs shall not cause an existing structure to become unsafe or adversely affect the performance of the building.

SCOPE AND ADMINISTRATlON 2012 INTERNATlONAL RESIDENTIAL CODE0 PART 2-ADMINISTRATION AND ENFORCEMENT SECTION R103 DEPARTMENT OF BUILDING SAFETY R103.1 Creation of enforcement agency. The department of building safety is hereby created and the official in charge thereof shall be known as the building official.

R103.2 Appointment. The building official shall be appointed by the chief appointing authority of the jurisdiction.

R103.3 Deputies. In accordance with the prescribed procedures ofthisjw·isdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shal1 have powers as delegated by the building official.

SECTION R104 DUTlES AND POWERS OF THE BUILD1NG OFFICIAL R104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in conformance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. R104.2 Applications and permits. The building official shall receive applications, review construction documents and issue permits for the erection and alteration of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code. R104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code. Rl04.4 Inspections. The building official is authorized to make all of the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual.

The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.

R104.5 Identification. The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. R104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code) or where the building o;]icial has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous; the building official or designee is authorized to enter the structure or premises at reasonable times to inspect or to perfmm the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises be unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or contra] of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry.

R104.7 Department records. The building official shall keep official records of applications received, permits and certificates issued> fees collected, reports of inspections_, and notices and orders issued. Such records shall be retained in the official records for the period required for the retention of public records.

Rl04.8 Liability. The building official, member of the board

of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act perfonned by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings.

The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuanc~ of the provisions of this code. R104.9 Approved materials and equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval.

R104.9.1 Used materials and equipment. Used materials~ equipment and devices shall not be reused unless approved by the building official.

R104.10 Modifications. Wherever there are practical difficulties involved in canying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, provided the building official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the department of building safety.

R104.10.1 Flood hazard areas. The building official shall not grant modifications to any provision related to flood hazard areas as established by Table R301.2(1) without the granting of a val'iance to such provisions by the board of appeals.

SCOPE AND ADMINISTRATION 2012 lNTERNATlONAL RESlDENTIAL CODE® 3 RI04.ll Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code. Compliance with the specific performance-based provisions of the International Codes in lieu of specific requirements of this code shall also be permitted as an alternate.

R104.11.1 Tests. Whenever there is insufficient evidence

of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the building official sha11 have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction.

Test methods shall be as specified in this code or by other recognized test standards. In the absence ofrecognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records.

SECTION R105 PERMITS RlOS.l Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of whlch is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.

R105.2 Work exempt from permit. Permits shall not be required for the following. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.

Building: 1. One-story detached accessOJ)' structures used as tool and storage sheds, playhouses and similar uses provided the floor area does not exceed 200 square feet (18.58 m2).

2. Fences not over 7 feet (2134 mm) high.

3. Retaining walls that are nol over 4 feel (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.

4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18 927 L) and the ratio of height to diameter or width does not exceed 2 to 1.

5. Sidewalks and driveways.

6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep.

8. Swings and other playground equipment.

9. Window awnings supported by an exterior wall which do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.

10. Decks not exceeding 200 square feet (18.58 m2) in area, that are not more than 30 inches (762 tmn) above grade at any point, are not attached to a dwelling and do not serve the exit door required by

Section R3 l l .4.

Electrical: 1. Listed cord-and-plug connected temporary decorative lighting.

2. Reinstallation of attachment plug receptacles but not the outlets therefor.

3. Replacement of branch circuit overcunent devices of the required capacity in the same location.

4. Electrical wiring~ devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy.

5. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

Gas: 1. Portable heating, cooking or clothes drying appliances.

2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

3. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.

Mechanical: 1. Portable heating appliances.

2. P01iable ventilation appliances.

3. Portable cooling units.

4. Steam) hot- or chilled-water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

6. P011able evaporative coolers.

SCOPE AND ADMINISTRATION 2012 INTERNATIONAL RESIDENTIAL CODE~ 7. Self-contained refrigeration systems containing 10 pounds (4.54 kg) or less of refrigerant or that are actuated by motors of 1 horsepower (746 W) or less.

8. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.

The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.

R105.2.1 Emergency repairs. Where equipment replacements and repairs must be perfonned in an emergency situation, the permit application shall be submitted within the

next working business day to the building official.

RlOS.2.2 Repah·s. Application or notice to the building official is not required for ordinary repairs to stmctures, replacement of lamps or the connection of approved pmiable electrical equipment to approved pennanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing suppmt, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinaiy repairs include addition to, alteration of, replacement or relocation of any water supply, sewer, drainage, drain leader, gas; soil, waste} vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

R105.2.3 Public service agencies. A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution, metering or other related equipment that is under the ownersWp and control of public service agencies by established right Rl 05.3 Application for permit. To obtain a permit, the app1icant shall first file an application therefor in writing on a form furnished by the department of building safety for that purpose. Such application shall: 1. Identify and describe the work to be covered by the permit for which application is made.

2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work, 3. Indicate the use and occupancy for which the proposed work is intended.

4. Be accompanied by construction documents and other information as required in Section RI 06.1.

5. State the valuation of the proposed work.

6. Be signed by the applicant or the applicant's authorized agent.

7. Give such other data and information as required by the building official.

RlOS.3.1 Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building offtdal shall reject such application in writing stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable.

R105.3.1.1 Determination of substantially improved or substantially damaged existing buildings in flood hazard areas. For applications for reconstruction, rehabilitation, addition or other improvement of existing buildings or sh-uctures located in a flood hazard area as established by Table R301.2(1 )i the building

official shall examine or cause to be examined the construction documents and shall prepare a finding with regard to the value of the proposed work. For buildings that have sustained damage of any origin, the value of the proposed work shall include the cost to repair the building or structure to its predamaged condition. If the building official finds that the value of proposed work equals or exceeds 50 percent of the market value of the building or structure before the damage has occurred or the improvement is started, the finding shall be provided to the board of appeals for a determination of substantial improvement or substantial damage. Applications determined by the board of appeals to constitute substantial improvement or substantial damage shall require aU existing portions of the entire building or strncture to meet the Iequirements of Section R322.

R105.3.2 Time limitation of application. An application for a perm U for any proposed work shall be deemed to have been abandoned 180 days after the date of filing unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

RlOS.4 Validity of permit. The issuance or granting of a permit shall not be constrned to be a permit for, or an approval ot: any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Pennits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the cmTection of errors in the construction documents and other data. The building official is also authorized io prevent occupancy or use of a sh'uchire where in vioSCOPE AND ADi\iliNISTRATION 2012 INTERNATIONAL RESIDENTIAL CODE0 5 lation of this code or of any other ordinances of this jurisdiction.

R105.5 Expiration. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuancej or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

R105.6 Suspension or revocation. The building official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in enor or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code. R105.7 Placement of permit. The buildingpermit or copy thereof shall be kept on the site of the work until the completion

of the project.

R105.8 Responsibility. It shall be the duty of every person who performs work for the installation or repafr of building, structure, electrical, gas, mechanical or plumbing systems, for which this code is applicable, to comply with this code. Rl05.9 Preliminary inspection. Before issuing a permit; the building official is authorized to examine or cause to be examined buildings> structures and sites for which an application has been filed.

SECTION R106 CONSTRUCTION DOCUMENTS R106.1 Submittal documents. Submittal documents consisting of construction documents, and other data shall be submitted in two or more sets with each application for a permU.

The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be conshucted. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional.

Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that reviewing of construction documents is not necessary to obtain compliance with this code. RI06.1.1 Information on construction documents. Construction documents shall be drawn upon suitable material.

Electronic media documents are pe11nitted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will confonn to the provisions of this code and relevant laws, ordinances, rules and regulations} as detennined by the building official. Where required by the building official, all braced wa11 lines, shall be identified on the construction documents and all pertinent information including, but not limited to, bracing methods, location and length of braced wall panels, foundation requirements of braced wall panels at top and bottom shall be provided. · Rl06.1.2 Manufacturer's installation instructions.

Manufacturer's installation instructions, as required by this code, shall be available on the job site at the time of inspection.

Rl 06.1.3 Information for construction in flood hazard areas. For buildings and structures located in whole or in part in flood hazard areas as established by Table R301.2(1)} construction documents shall include: 1. Delineation of flood hazard areas, floodway boundaries and flood zones and the design flood elevation, as appropriate; 2. The elevation of the proposed lowest floor, including basement; in areas of shallow flooding (AO Zones), the height of the proposed lowest floor, including basement, above the highest adjacent

grade; 3. The elevation of the bottom of the lowest horizontal structural member in coastal high hazard areas (V Zone); and 4. If design flood elevations are not included on the conununitts Flood lnsurance Rate Map (FIRM), the building official and the applicant shall obtain and reasonably utilize any design flood elevation and floodway data available from other sources.

R106.2 Site plan or plot plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing the size and location of new construction and existing structures on the site and distances from lot lines. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted.

R106.3 Examination of documents. The building official shall examine or cause to be examined construction documents for code compliance.

R106.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved in writing or by a stamp which states 'REVIEWED FOR CODE COMPLIANCE.n One

set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the app1icant, shall be kept at the site of work and shall be open to inspection by the building official or his or her authorized representative.

R106.3.2 Previous appl'ovals. This code shall not requh'e changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the constrnction of which has been purSCOPE AND ADMINISTRATION 2012 INTERNATIONAL RESlDENTIAL CODE® sued in good faith within 180 days after the effective date of this code and has not been abandoned.

R106.3.3 Phased a1>proval. The building official is authorized to issue a permit for the construction of foundations or any other part of a buildjng or structure before the construction documents for the whole building or structure have been submitted, provided that adequate infonnation and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted.

R106.4 Amended construction documents. Work sha11 be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents.

Rl06.5 Retention of construction documents. One set of approved construction documents shall be retained by the building official for a period ofnot less than 180 days from date of completion of the pennitted work, or as required by state or local laws.

SECTION R107 TEMPORARY STRUCTURES AND USES Rl07 .1 General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause.

R107.2 Conformance. Temporary structures and uses shall conform to the structural strength~ fire safety, means of egress} light, ventilation and sanitary requirements of this code as necessary to ensure the pub He health, safety and general welfare.

R107.3 Temporary power. The building official is authorized to give permission to temporarily supply and use power in pati of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary ce11ificate shall comply with the requirements specified for temporary lighting, heat or power in NFPA 70.

Rl07.4 Termination of approval. The building official is authorized to te1minate such permit for a temporary stmcture or use and to order the temporary structure or use to be discontinued.

SECTION R108 FEES R108.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid. Nor shall an amendment to a permit be released until the additional fee, if any, has been paid.

R108.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority.

R108.3 Building permit valuations. Building permit valuation shall include total value of the work for which a permit is being issued, such as electrical, gas, mechanical, pJumbing equipment and other permanent systems, including materials and labor.

R108.4 Related fees. The payment of the fee for the constrnction, alteration, removal or demolition for work done in connection with or concurrently with the work authorized by a building perm it shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed bylaw. · Rl08.5 Refunds. The building official is authorized to establish a .-efund policy.

R108.6 Work commencing before permit issuance. Any person who commences work requiring a permit on a building, structure, electrical, gas) mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the applicable governing authority that

shall be in addition to the required permit fees.

SECTION R109 INSPECTIONS R109.1 Types of inspections. For onsite construction, from time to time the building official, upon notification from the permit holder or his agent~ shall make or cause to be made any necessary inspections and shall either approve that portion of the construction as completed or shall notify the permit holder or his or her agent wherein the same fails to comply with this code. R109.1.1 Foundation inspection. Inspection ofthe foundation shall be made after poles or piers are set or trenches or basement areas are excavated and any required forms erected and any required reinforcing steel is in place and supported prior to the placing of concrete. The foundation inspection shall include excavations for thickened slabs intended for the support of bearing walls> partitions, structural supports> or equipment and special requirements for wood foundations.

Rl09.1.2 Plumbing, mechanical, gas and electrical systems inspection. Rough inspection of plumbing, mechankalj gas and electrical systems shall be made prior to covering or concealment, before fixtures or appliances are set or instaJled, and prior to framing inspection.

Exception: Backfilling of ground-source heat pump loop systems tested in accordance with Section M2105 .1 prior to inspection shall be permitted.

Rl09.1.3 Floodplain inspections. For construction in flood hazard areas as established by Table R30l.2(1), upon placement of the lowest floor, including basement, and prior to further vertical construction, the buildtng official shall require submission of documentation, piepared SCOPE AND ADMINISTRATION 2012 INTERNATIONAL RESIDENTIAL CODE© 7 and sealed by a registered design professional, of the elevation of the lowest floor, including basement, required in Section R322.

R109.1.4 Frame and masonry inspection. Inspection of framing and masonry construction shall be made after the roof, masonry, all framing, firestopping, draftstopping and bracing are in place and after the plumbing, mechanical and electrical rough inspections are approved.

R109.1.5 Other inspections. In addition to the called inspections above> the building official may make or require any other inspections to ascertain comp1iance with this code and other Jaws enforced by the building official.

R109.l.5.l Fire-resistance-rated construction inspection. Where fire"resistance-rated construction is required between dwelling units or due to location on property, the building official shall require an inspection of such construction after all lathing and/or wallboard is in place, but before any plaster is applied, or before wallboard joints and fasteners are taped and finished.

Rl 09.1.6 Final inspection. Final inspection shall be made after the penn itted work is complete and prior to occupancy.

R109.1.6.l Elevation documentation. If located in a flood hazard area, the documentation of elevations required in Section R322.1. l 0 shall be submitted to the building official prior to the final inspection.

R109.2 Inspection agencies. The building official is authorized to accept reports of approved agencies, provided such agencies satisfy the requirements as to qualifications and reliability.

R109.3 Inspection requests. It shall be the duty of the permit holder or their agent to notify the building official that such work is ready for inspection. It shall be the duty of the person requesting any inspections l'equired by this code to provide access to and means for inspection of such work.

R109.4 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The bufl<ling official upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or shall notify the permit holder or an agent of the permit holder wherein the same fails to comply with this code. Any p011ions that do not comply shall be corrected and such pm1ion shall not be covered or concealed until authorized by the building official.

SECTION R110 CERTIFICATE OF OCCUPANCY Rll0.1 Use and occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building 01· structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid.

Exceptions: 1. Certificates of occupancy are nol required fm wotk exempt from permits under Section R105.2.

2. Accessory buildings or structures.

Rll0.2 Change in use. Changes in the character 01· use of an existing structure shall not be made except as specified in Sections 3408 and 3409 of the International Building Code. Rll0.3 Certificate issued. After the building official inspects the building or structure and finds no violations of the provisions of this code or other Jaws that are enforced by the department of building safety, the building official shall issue a certificate of occupancy which shall contain the following: 1. The building perm;/ number.

2. The address of the structure.

3. The name and address of the owner.

4. A description of that portion of the stmcture for which the certificate is issued.

5. A statement that the described portion of the strncture has been inspected for compliance with the requirements of this code. 6. The name of the building official.

7. The edition of the code under which the permit was

issued.

8. If an automatic sprinkler system is provided and whether the sprinkler system is required.

9. Any special stipulations and conditions of the building permit.

Rll0.4 Temporary occupancy. The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid.

Rt 10.5 Revocation. The building official shall> in writing, suspend or revoke a certificate of occupancy issued under the provisions of this code wherever the certificate is issued in error1 or on the basis of incorrect information supplied1 or where it is determined that the building or structure or p011ion thereof is in violation of any ordinance or regulation or any of the provisions of this code. SECTION R111 SERVICE UTILITIES Rlll.l Connection of service utilities. No person shaH make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until approved by the building official. SCOPE AND ADMINISTRATION 2012 INTERNATIONAL RESIDENTIAL CODE@ R111.2 Temporary connection. The building official shall have the authority to authorize and approve the tempora1y connection of the building or system to the utility, source of energy, fuel or power.

Rll 1.3 Authority to disconnect service utilities. The building official shall have the authority to authorize disc01mection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section Rl02.4 in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility coilllection has been made without the approval required by Section Rl 11.1 or Rl 11.2. The building official shall notify the serving utility and whenever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action if not notified prior to disconnection. The owner or occupant of the building, structure or service system shall be notified in writing as soon as practical thereafter.

SECTION R112 BOARD OF APPEALS R112.1 General. In order to hear and decide appeals of orders1 decisions or determinations made by the building official relative to the application and interpretation of this code~ there shall be and is hereby created a board of appeals. The building official shall be an ex officio member of said board but shall have no vote on any matter before the board. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with

a duplicate copy to the building official.

R112.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better fonn of construction is proposed.

The board shall have no authority to waive requirements of this code. R112.2.1 Determinatfon of substantial improvement in flood hazard areas. When the building qfficial provides a finding required in Section RI 05. 3.1.1, the board of appeals shall detennine whether the value of the proposed work constitutes a substantial .improvement. A substantial improvement means any repair, reconstrnction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. 1f the building or stmcture has sustained substantial damage, all repairs are considered substantial improvement regardless of the actual repair work perfonned. The te1m does not include: 1. Improvements of a building or structure required to correct existing health> sanitat)' or safety code violations identified by the building official and which are the minimum necessary to assure safe living conditions; or 2. Any alterntion of an historic building or stmctme, provided that the alterntion will not preclude the continued designation as an historic building or structure. For me purpose of this exclusion, an historic building is: 2.1. Listed or preliminarily determined to be eligible for listing in the National Register of Historic Places; or 2.2. Determined by the Secretat)' of the U.S. Departmenl of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined to qualify as an historic district; or 2.3. Designated as historic under a state or local historic preservation program that is approved by the Department of Interior.

Rl 12.2.2 Criteria for issuance of a variance for flood hazard areas. A variance shall be issued only upon~ 1. A showing of good and sufficient cause that the unique characteristics of the size, configuratfon or topography of the site render the elevation standards in Section R3 22 inappropriate.

2. A determination that failure to grant the variance would result in exceptional hardship by rendering the lot undevelopable.

3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

4. A detennination that the variance is the minimum necessary to afford relief, considering the flood hazard.

5. Submission to the applicant of written notice specifying the difference between the design flood elevation and the elevation to which the building is to be built, stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation, and stating that construction below the design flood elevation increases risks to life and property.

Rl12.3 Qualifications. The board ofappea1s shall consist of members who are qualified by experience and training to pass on matters pertaining to building constrnction and are not employees of the jurisdiction.

RI12.4 Administration. The building official shall take immediate action in accordance with the decision of the board.

SECTION R113 VIOLATIONS R113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, constrnct, alter, extend, repair, move, remove, demolish or occupy any building, structure or SCOPE AND ADMINISTRATION 2012 INTERNATIONAL RESlDENTIAL CODE@9 equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. R113.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection~ constrnction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a detail statement or a plan approved thereunder, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illega1 action or condition and the abatement of the violation.

R113.3 Prosecution of violation. If the notice of violation is not complied with in the time prescribed by such notice, the building official is authorized to request the legal counsel of the jurisdktion to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or stmcture in violation of the provisions of this code or of the order or direction made pursuant thereto.

RI 13.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirem~nts thereof or who erects, constructs, alters or repairs a building or structure in violation of the app1·oved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law.

SECTION R114 STOP WORK ORDER R114.1 Notice to owner. Upon i1otice from the building official

that work on any building or structure is being prosecuted contraty to the provisions of this code or in an unsafe and dangerous manner, such work shall be immediately stopped. The stop work order shall be in writing and shaH be given to the owner of the property involved, or to the owner's agent or to the person doing the work and shall stat.e the conditions under which work wil1 be permitted to resume.

R114.2 Unlawful continuance. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as_ that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.

STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the runctions of my office, that the attached instruments are full. true and correct copies of Section R.308.6.5 of Chapter 3 or the 2006 International Residential Code. The same appear of record in my office and said documents are the offi cial records from the public office of the Town Secretary of the Town of Lakewood Village. Denton County. Texas. and arc kept in said office.

T furrher certify that 1 am the Town Secretary of th e Town of Lakewood Village, that I have legal custody of sa id records. and that Lam a lnwfu l possessor and keeper of the reco rds in said offi ce.

In witness whereof I have hereunt o set my hand and affixed the orficial sea l of The Town of Lakewood Village thi s 26th day of March. 2014.

~do....~ .~~'~QQ~~~~~~~ ~sbcll. TRMC. Town Secretary Tovvn of Lakewood Vil lage Den ton County State of Texas

Chapter 3 R308.6.5 Screens not required . Screens shall not be required when fully tempered glass is used as sing le glazing or the inboard pane in multiple glazing and either of the following conditions are met: 1. Glass area 16 square feet (1.49 m2) or less. Highest point of glass not more than 12 feet (3658 mm) above a walking surface or other accessible area . nominal glass thickness not more than 3/ 15 inch (4.8 mm), and (for multiple glazing only) the other pane or panes fully tempered, laminated or wired glass.

2. Glass area greater than 16 square feet (1.49 m2).

Glass sloped 30 degrees (0 .52 rad) or less from vertical, and highest point of glass not more than 10 feet (3048 mm) above a walking surface or other accessible area.

STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify , in the performanceor the functions of my office, that the attached instruments are full. true and correct co pies of Section R308.4 of C hapter 3 of the 2006 International Residential Code. The same appear of record in my o rfice and sa id documents are the o ffi cia l records from the public office of the Town Secretary of the Town of Lakewood Vi ll age, Denton County, Texas, and are kept in said office.

I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal or custody said records, and that I am a lawful possessor and keeper o f the records in said offi ce.

In witness whereofl have hereunto set my hand and affixed the official seal of The Town of Lakewood Vi ll age this 26th day of March, 20 14.

r->9~~b~ OO~~~~~- ~be11, TRMC. Town Secretary Town of Lakewood V illage Denton County State of Texas

Chapter 3 R308 .4 Hazardous locations.

The following shall be considered specific haza rdous locations for the purposes of glazing: 1. Glazing in swinging doors except jalousies.

2. Glazing in fixed and sliding panels of sliding door assemblies and panels in sliding and bifold closet door assemb lies.

3. Glazing in storm doors.

4. Glazing in all unframed swinging doors.

5. Glazing in doors and enclosures for hot tubs, whirlpools, saunas, steam rooms, bathtubs and showers.

Glazing in any part of a building wall enclosing these co mpartm ents where the bottom exposed edge of the glazing is less than 60 inches (1524 mm) measured vertically above any sta nding or walking surface .

6. Glazing, in an individ ual fixed or operable panel adjacent to a door where the nearest vertical edge is within a 24-inch {610 mm) arc of the door in a closed position and whose bottom edge is less than 60 inches (1524 mm) above the floor or wa lking surface.

7. Glazing in an individual fixed or operabl e pane l, other than those loca tions described in Items 5 and 6 above, th at meets all of the following conditions: 7.1. Exposed area of an individual pan e larger t han 9 sq uare feet (0.836 m2) .

7.2. Bottom edge less than 18 inches (457 mm) above the floor.

7.3. Top edge more t han 36 inches (914 mm} above the floor.

7.4. One or more walki ng surfaces within 36 inches (914 mm) horizontally of the glazing.

8. All glazing in railings regardless of an area or height above a wa lking surface . Inclu ded are structural baluster panels and nonstructural infill panels.

9. Glazing in walls and fences enclosing indoor and outdoor swimming pools, hot tubs and spas where the bottom edge of t he glazing is less than 60 inches (1524 mm) above a wa lking surface and within 60 inches (1524 mm) horizontally of the water's edge. Th is shall apply to single glazing and all panes in multiple glazing.

10. Glazing adjacent to stairways, landings and ramps within 36 inches (914 mm) horizontally of a walking surface when the exposed surface of the glass is less than 60 inches {1524 mm) above the plane of the adjacent walking surface.

11. Glazing adjacent to stairways within 60 inches (1524 mm) horizontally of the bottom t read of a sta irway in any direction when the exposed surface of the glass is less than 60 inches (1524 mm) above the nose of the tread .

Exception: The following products, materials and uses are exempt from the above ha za rdous locations: 1. Openings in doors through which a 3-inch (76 mm} sphere is unable to pass.

2. Deco rative glass in Items 1, 6 or 7.

3. Glazing in Section R308.4, Item 6, when there is an inte rvening wall or other permanent barrier between the door and t he glazing.

4. Glazing in Section R308 .4, Item 6, in wa lls perpendicular to the plane of the door in a closed position, other than the wall toward which the door swings when opened, or w here access through the door is to a closet or storage area 3 feet (914 mm} or less in depth. Glazing in t hese applications shall co mply with Section R308.4, Item 7.

5. Glazing in Section R308.4, Items 7 and 10, w hen a protective bar is insta lled on the accessible side(s} of the glazing 36 inches± 2 inches (914 mm± 51 mm) above the floor. The bar shall be ca pa ble of withstanding a horizontal load of 50 pounds per linear foot (730 N/m) without contacting the glass and be a minimum of 1~ inches (38 mm) in height.

6. Outboard panes in insulating glass units and other mu ltiple glazed panels in Section R308.4, Item 7, when th e bottom edge of the glass is 25 feet (7620 mm) or more above grade, a roof, walking surfaces, or other ho rizontal [within 45 degre es (0.79 rad) of horizonta l] surface adjacent to the gla ss exterior.

7. Louvered windows and jal ousies comp lying with the req uirements of Section R308. 2.

8. Mirrors and other glass panels mounted or hung on a surface that provides a continuous backing support.

9. Safety glazing in Section R308.4, Items 10 and 11, is not required where: 9.1. The side of a stairway, land ing or ramp has a guardrail or handrail, including ba lusters or in-fi ll panels, complying with the provisions of Sections 1013 and 1607.7 of th e International Building Code; and 9.2. The plane of the glass is more than 18 inches (457 mm) from t he railing; or 9.3. When a solid wal l or panel extends from the plane of the adjacent walking surface to 34 inches (863 mm) to 36 inches (914 mm) above the floor and the co nstruction at the top of that wa ll or panel is capable of withst and ing the sa me horizontal load as t he protective bar.

10. Glass block panels complying with Section REilO.

ST ATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) l hereby certi fy. in the perfom1ance of the Cunctions of my office. that the attached instruments are fu ll. true and correct copies of Section R33 l .5 of Chapter 3 o[ the 2006 International Residential Code. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village. Denton County. Texas. and are kept in sa id office.

I furth er certify that I am the Town Secretary o r the Town of Lakewood Village, that I have legal custody of said records. and that I am a lawful possessor and keeper of the records in said offi ce.

ln witness whereof I have hereunto set my hand and affixed the offic ial seal or The Town of Lakevvood Vil lage this 26th day or March, 20 14.

Linda As ell. TRMC, Town Secretary Tovm or Lakewood Vi ll age Denton County State of Texas

Chapter 3 Section 311 .5 and all other stair requirements R311.5 Construction .

R311.5.1 Attachment. Exterior landings, decks, balconies, stairs and similar facilities shall be positively anchored to the primary structure to resist both vertical and lateral forces or shall be designed to be self-supporting.

Attachment shall not be accomplished by use of toenails or nails subject to withdrawal.

R31 1.6 Hallways. The minimum width of a hallway shall be not less than 3 feet (914 mm).

R31 1. 7 Stairways.

R311 .7 .1 Width . Stairways sha ll not be less than 36 inches (9 14 mm) in clear width at all points above the permitted handrail height and below the required headroom height. Handrails shall not project more than 4.5 inches (114 mm ) on either side of the stairway and the minimum clear width of the stairway at and below the handrail height, includ ing treads and landings, shall not be less than 1'2 inches (787 mm) where a handrail is installed on one side and 27 inches (698 mm) where handrails are provided on both sides.

Exception: The width of spiral stairways shall be in accordance with Section R31 1.7.10.1 .

R311 .7.2 Headroom . The minimum headroom in all parts of the stairway shall not be less than 6 feet 8 inches (2032 mm) measured vertically from the sloped line adjoining the tread nosing or from the floor surface of the land ing or platform on that portion of the stairway.

Exception : Where the nosings of treads at the side of a flight extend under the edge of a floor opening through which the stair passes, the floor opening shall be allowed to project horizontally into the required headroom a maximum of43/4inches (121 mm) .

R311 .7.3 Vertical rise. A flight of stairs shall not have a vertical rise larger than 12 feet (3658 mm) between floor levels or landings.

R311. 7 .4 Walkline. The wa lkline across winder treads shall be concentric to the curved direction of travel through the turn and located 12 inches (305 mm) from the side where the winders are narrower. The 12-inch (305 mm) dimension shall be measured from the widest point of the clear stair width at the walking surface of the winder. If winders are adjacent within the flight, the point of the widest clear stair width of the adjacent winders shall be used.

R311.7.5 Stair treads and risers. Stair treads and risers shall meet the requirem ents of this section . For the purposes of this section all dimensions and dimens ioned surfaces sha ll be exclusive of carpets, rugs or runners.

R311.7.5.1 Risers . The maximum riser height shall be 73/4inches (196 mm). The riser shall be measu red vertically between lead ing edges of the adjacent treads. The greatest riser height within any flight of stairs shall not

exceed the smallest by more than 3/s inch (9.5 mm).

Risers shall be vertical or sloped from the underside of the nosing of the tread above at an angle not more than degrees (0.51 rad) from the vertical. Open risers are permitted provided that the opening between treads does not permit the passage of a 4-inch-diameter (102 mm) sphere.

Exception : The opening between adjacent treads is not limited on stairs with a total rise of 30 inches (762 mm) or less.

R311 .7.5.2 Treads. The minimum tread depth shall be inches (254 mm). The tread depth shall be measu red horizontally between the vertical planes of the foremost projection of adjacent treads and at a right angle to the tread's leading edge. The g reatest tread depth within any flight of stairs shall not exceed the smallest by more than 3/s inch (9.5 mm).

R311.7 .5.2.1 Winder treads. Winder treads shall have a minimum tread depth of 10 inches (254 mm) measured between the vertical planes of the foremost projection of adjacent treads at the intersections with the walkline. Winder treads shall have a minimum tread depth of 6 inches ( 152 mm) at any point within the clear width of the stair. W ithin any flight of stairs. the largest winder tread depth at the walkline shall not exceed the smallest winder tread by more than 3/s inch (9.5 mm) . Consistently shaped winders at the walkline shall be allowed within the same flight of stairs as rectangular treads and do not have to be within 3/s inch (9.5 mm) of the rectangular tread depth.

R311 .7.5.3 Nosings. The radius of curvature at the nosing shall be no greater than g/is inch (14 mm). A nosing not less than 3/4 inch ( 19 mm) but not more than 11/4 inches (32 mm) shall be provided on stairways with solid risers. The greatest nosing projection shall not exceed the smallest nosing projection by more than 3/s inch (9.5 mm) between two stories, including the nosing at the level of floors and landings. Beveling of nosings shall not exceed 1/2 inch ( 12.7 mm) .

Exception : A nosing is not required where the tread depth is a mini mum of 11 inches (279 mm) .

STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the fun ction s of my office, that the attached instruments are fo ll. true and correct copies of Section R403. I .6 of Chapter 4 of the 2006 International Residential Code. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Vill age, Denton County, Texas, and are kept in said office.

f further certify lhat f am the Town Secretary or the Town of Lakewood Vi llage. that r have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office.

In witness whereofJ have hereunto set my hand and affixed the official seal of The Town of Lakewood Vi ll age this 26th day of March, 20 14.

LilldCASeJ0RJv1C, Town Secretary Tmvn or Lakewood Village Denton County State of Texas

Chapter 4 Section 403.1 .6 Anchor Bolts R403.1.6 Foundation anchorage. Sill plates and walls supported directly on continuous foundations shall be anchored to the foundation in accordance with this section.

Wood sole plates at all exterior walls on monolithic slabs, wood sole plates of braced wall panels at building interiors on monolithic slabs and all wood sill plates shall be anchored to the foundation with anchor bolts spaced a maximum of 6 feet (1829 mm) on center. Bolts shall be at least 1/2 inch (12.7 mm) in diameter and shall extend a minimum of 7 inches (178 mm) into concrete or grouted cells of concrete masonry units. A nut and washer shall be tightened on each anchor bolt. There shall be a minimum of two bolts per plate section with one bolt located not more than 12 inches (305 mm) or less than seven bolt diameters from each end of the plate section. Interior bearing wall sole plates on monolithic slab foundation that are not part of a braced wall panel shall be positively anchored with approved fasteners . Sill plates and sole plates shall be protected against decay and termites where required by Sections R317 and R318 . Cold-formed steel framing systems shall be fastened to wood sill plates or anchored directly to the foundation as required in Section R505.3.1 or R603.3.1.

Exceptions: 1. Foundation anchorage, spaced as required to provide equivalent anchorage to 1/2-inch-diameter (12.7 mm) anchor bolts.

2. Walls 24 inches (610 mm) total length or shorter connecting offset braced wall panels shall be anchored to the foundation with a minimum of one anchor bolt located in the center third of the plate section and shall be attached to adjacent braced wall panels at corners as shown in item 8 of Table R602 .3(1 ).

3. Connection of walls 12 inches (305 mm) total length or shorter connecting offset braced wall panels to the foundation without anchor bolts shall be permitted. The wall shall be attached to adjacent braced wall panels at corners as shown in item 8 of Table R602 .3(1) .

R404.3 Wood sill plates. Wood sill plates shall be a minimum of 2-inch by 4-inch (51 mm by 102 mm) nominal lumber.

Sill plate anchorage shall be in accordance with Sections R403.1 .6 and R602.11.

STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of Section R404 of Chapter 4 of the 2006 lnternational Residential Code. The same appear of record in my office and said documents are the official records from the publ ic office of the Town Secretary of the Town of Lakewood Village. Denton Co unty, Texas. and are kept in said office.

I further ce rtify that I am the Town Secretary of tbe Town of Lakewood Vil lage, that I have legal custody of said records, and that I am a law ful possessor and keeper of the records in said office.

In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Vi llage thi s 26th day of March, 20 14.

Lilldkbell , TRMC. Town Secretary Town of Lakewood Vi llage Denton County State orTexas

Chapter 4

SECTION R404 FOUNDATION AND RETAINING WALLS R404.1 Concrete and masonry foundation walls. Concrete foundation walls shall be selected and constructed in accordance with the provisions of Section R404.1.2. Masonry foundation walls shall be selected and constructed in accordance with the provisions of Section R404.1 .1.

R404.4 Retaining walls. Retaining walls that are not laterally supported at the top and that retain in excess of 24 inches (610 mm) of unbalanced fill shall be designed to ensure stability against overturning , sliding, excessive foundation pressure and water uplift. Retaining walls shall be designed for a safety factor of 1.5 against lateral sliding and overturning .

STA TE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance o r lhe functio ns of my office. that the anached instruments are fu ll. true and coITect copies of Section R602.3.2 of Cha pter 6 of the 2006 Internati onal Residenti al Code. The same appear of reco rd in my office and sa id documen ts are the o ffi cial records from the public office of the Town Secretary o f the Town o f Lakewood V ill age. Denton County. Texas. and are kept in said office.

I further certify that I am th e Town Secreta ry o f the Town of Lakewood Vil lage, that I have legal custody of said records. and that I am a law ful possesso r and keeper o f the records in said office.

In witness w hereof l have hereunto set my hand and affi xed the official seal of The Town of Lakewood V illage this 26th day of March, 20 14.

~dc£hbeQ Q ,

Chapter 6 R602.3.2 Top plate. Wood stud wa lls shall be capped wit h a double top plate installed 10 provide overlapping at corners and intersections with beari ng partitions. End joints in top plates shall be offset at least 24 inches (6 10 mm). Joints in plates need not occur over studs. Plates shall be not less than 2-inches (5 1 mm) nominal thickness and have a width at least eq ual 10 the width or the studs.

ST ATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) l hereby certify. in the performance of the functions o f my o ffice, that the attached instruments are full , true and correct copies of Section R602. I 0 of Chapter 6 of the 2006 Internati ona l Residential Code. The same appear of reco rd in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village. Denton Coumy. T exas. and are kept in said office.

I further certify that 1 am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records. and that I am a lawful possessor and keeper of the records in said office.

In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village thi s 26th day of March, 20 14.

Chapter 6 R602.10 Wall bracing .

All exterior walls sha ll be braced in accordance with this section. In addition, interior braced wall lines shall be provided in accordance with S1ection R602 .10.1.1. For buildings in Seismi c Design Categories Do, D, and D2, wa lls shall be constructed in accordance with the additional requirements of Sections R602.10.9, R602.10.11, and R602.11.

STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance o r the function s of my office, that the attached instruments are full , true and correct copies o f Section R703.7.4 and Section R703.7.4. I of Chapter 7 of the 2006 International Residenti al Code. The same appear or record in my office and said documents are the official records from the public orfice of the Town Secretary of the Town of Lake\vood Village. Denton County, Texas. and are kept in said office.

I furth er certify that I am the Town Secretary of the Town o r Lakewood Village, that I have legal custody of said reco rds, and that J am a la wful possesso r and keeper o f the record s in said office.

In witness whereo f I have hereunto set my hand and affixed the official seal or The Town o f Lakewood Vi ll age this 26t h day of March, 2014.

~-~l o '-fcldo2ofL ~bell. TRMC, Town Secretary Town of Lakewood Vi llage Denton Coun ty State of Texas

Chapter 7 R703.7 .4 Anchorage. Masonry veneer shall be anchored to the supporting wall studs with corrosion-resistant metal ties embedded in mortar or grout and extending into the veneer a minimum of 11h inches (38 mm), with not less than s/a-inch (15.9 mm) mortar or grout cover to outside face. Masonry veneer shall conform to Table R703.7.4.

R703.7.4.1 Size and spacing. Veneer ties, if stran d wire , shall not be less in thickness than No. 9 U.S. gage [(0 .148 inch) (4 mm)] wire and shall have a hook embedded in the mortar joint, or if sheet metal, sha ll be not less than No. 22 U.S. gage by [(0.0299 inch) (0.76 mm)] 1/a inch (22 mm) corrugated . Each tie sha ll support support not more than 2.67 square feet (0.25 m2) of wall area and shall be spaced not more than 32 inches (813 mm) on center horizontally and 24 inches (635 mm) on center vertically.

ST ATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in th e perfo rmance of the fu nctions of my office, that the attached instruments are full, true and con-eel copies of Section R703.7.6 of Chapter 7 ol'the 2006 International Residenti al Code. The same appear of record in my office and sa id documents are the official record s fro m the public office or the Town Secretary of the Town or Lakewood Village. Den ton County, Texas, and are kept in sai d office.

1 further ce11ify that I am the Town Secretary or the Town o f Lakewood Village. that I have legal custody of said records. and that I am a lawful possessor and keeper of the reco rds in said office.

In witness whereof 1 have hereunto set my hand and affixed the official seal of The Town o r Lakewood Vi llage this 26th day of March. 2014.

~r~~~~~Secretary Town or Lakewood Village Denton County State of Texas

Chapter 7 R703.7.6 Weepholes. Weepholes shall be provided in the outside wythe of masonry walls at a maximum spacing of inches (838 mm) on center. Weepholes shall not be less than 3/1 s inch (5 mm) in diameter.

STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) hereby certify, in the performance of the functions of my office, that the attached instruments are full , true and correct copies of Section R 1003.4 of Chapter l 0 o f the 2006 International Residential Code. The same appear of record in my o ffi ce and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County. Texas, and are kept in said office.

I further certify that I am the Town Secretary of Lhe Town of Lakewood Vi llage, that l have legal custody of said records, and that I am a lawful possessor and keeper of the records in sa id office.

In witness whereof I have hereunto set my hand and affi xed the official seal of The Town of Lakewood Vill age this 26th day of March, 20 14.

... !:>_· , •.

CHIMNEYS AND FIREPLACES

• .

TOP OF CHIMNEY MUST BE AT LEAST~ FT HIGHER THAN PEAK OR HIGHEST PORTION OF RO~ F WITHIN · 3 FT MIN HEIGHT ABOVE ROOF FT HORIZONTALLY. WHERE CHIMNEY PENETRATES. } • ... ~ :.\_ _...,. .;

;;t .?":.. ,_;.) I ·~ ( ":fl :;.~ 1 MIN. 4 JN. SOLID MASONRY • .'5 • :,'.(", : ,• :_;:j' ;f. :~ ~-·

• :i; \I MIN 5/a JN. FLUE LINER _ -- -- - METAL CLEANOUT DOOR (OPTlONAL) !I a· n p -~F... ; ": ~ _] U~DISTURBED SOIL OF.LOW FROST LINE · l_j _/ '~)T;..\\\(//, \ ~ -:;-IJ ~_:_6 IN. MIN MIN 12 IN THICK CONCRETE FOUNDATION rr

Figure R1003.2 TYPICAL MASONRY CHIMNEY :-·i~ R1003.4 Seismic anchorage. Mnsonry and concrc1e chimneys •!•The prescriptive requirements in this section are lradi-·_::--!:· and foundations in .Seismic Design Category 0 0, b, or D2 shall tional for typical fireplaces and chimneys. More suQ· ; be anchored at each floor, ceiling or roof line more than 6 feet slantial anchorage may be required in areas of high: ( J 829 mm) above grade, ei.::cept where constructed completely seismiclty, for large fireplaces or wh ere the distance' withili the exterior walls. Anchoragi:: shall conform to the between floor and roof diaphragms is large. : requirements in Section Rl003.4. I.

R1003.5 Corbeling. M nsonry chimneys shall not be corbel,e<! more than one-half of the chimney's wall thickness from) •!• Fireplaces and chimneys must be connected to noor waU or foundation, nor shall a chinwcy he corbeled from;' and roof diaphragms to prevent overturning during wall or founda tion that is less than 12 inches (305 mJll) thief. earthquakes. Chimneys must be anchored at the ceil- unless it projects equally on each side of the wall, except th~t ing line of roof and ceiling assemblies and at floor lev- on the second story of a two-story dwelling, corbeling ~f els below the roof. Such anchorage is of lesser Impor- chimneys on the exterior of the enclosing walls may equ~l-~ tan ce where the floor assembly Is 6 feet (1829 mm) or wall thickness. The projection of a single course shall: . less above grade. exceed one-balf the unit height or one-lbird of the uniU depth, whichever is less.

RI003.4.1 Anchorngl!. 'T\vo 3/winch by 1-inch (5 mm by 25 mm) straps shall be embedded a minimum of 12 inches (305 •!•Corbeling is the proj ection of masonry from the ( mm) into the chimney. .Straps shall be hooked nrouud lhe outer face of the wan or fireplace in small increment bars and extend 6 inches (l 54 mm) beyond the bend. Each strap each cours e of masonry. The chimney should rj shall he fas tened 10 a minimum of four floor joists with two corbeled more than one-half of its wall thickness 1/ -inch (13 mm) bolts. the wall or foundation. A single course Is not per

10·10 2006 INTERNATIONAL RESIDENTIAL CODEe COMME ST ATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are fu ll , true and correct copies of Chapter 11 N 11 0 1. I - N l 101.3 of the 2006 Internationa l Residentia l Code. The same appear of record in my o ffi ce and said documents are the officia l record s from the public office of the Town Secretary of the Town of Lakewood V illage, Denton County, Texas, and are kept in said office.

I fu rther certi fy that l am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawfu l possessor and keeper of the records in said offi ce.

In witness whereof I have hereunto set my hand and affixed the offi c ia l sea l of T he Town of Lakewood Vil lage this 26th day of March, 20 14.

~d.a~60Q ~bell , TRMC, Tow;'Secretary Town of Lakewood V illage Denton Co unty State of Texas

CHAPTER 11 ENERGY EFFICIENCY N1101.1 Scope. This chapter regulates the energy efficiency for the design and construction of buildings regulated by this code. Note: The text of the following Sections N1101 . 2 through N1105 is extracted from the 2012 edition of the International Energy Conservation Code-Residential Provisions and has been editorially revised to conform to the scope and application of this code. The section numbers appearing in parenthesis after each section number are the section numbers of the corresponding text in the International Energy Conservation Code-Residential Provisions.

N1101.2 (R101.3) Intent. This code shall regulate the design and construction of buildings for the effective use and conservation of energy over the useful life of each building . This code is intended to provide flexibility to permit the use of innovative approaches and techniques to achieve this objective.

This code is not intended to abridge safety, health or environmental requirements contained in other applicable codes or ordinances.

N1101.3 (R101.4.3) Additions, alterations, renovations or repairs. Additions, alterations, renovations or repairs to an existing building, building system or portion thereof shall conform to the provisions of this code as they relate to new construction without requiring the unaltered portion(s) of the existing building or building system to comply with this code. Additions, alterations, renovations or repairs shall not create an unsafe or hazardous condition or overload existing building systems. An add ition shall be deemed to comply with this code if the addition alone complies or if the existing building and addition comply with this code as a single building.

Exception: The following need not comply provided the energy use of the building is not increased : 1. Storm windows installed over exi sting fenestration .

2. Glass only replacements in an existing sash and frame .

3. Existing ceiling , wall or floor cavities exposed during construction provided that these cavities are filled with insulation.

4. Construction where the existing roof, wall or floor cavity is not exposed.

5. Reroofing for roofs where neither the sheathing nor the insulation is exposed. Roofs without insulation in the cavity and where the sheathing or insulation is

exposed during reroofing shall be insulated either above or below the sheathing.

6. Replacement of existing doors that separate conditioned space from the exterior shall not require the installation of a vestibule or revolving door, provided , however, that an existing vestibule that separates a conditioned space from the exterior shall not be removed .

7. Alterations that replace less than 50 percent of the luminaires in a space, provided that such alterations do not increase the installed interior lighting power.

8. Alterations that replace only the bulb and ballast within the existing luminaires in a space provided that the alteration does not increase the installed interior lighting power.

ST ATE OF TEXAS ) ) CERTIFI CATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance o f the functions of my o ffi ce, that the attached instruments are full , true and correct copies of C hapter 15 M 1507.4 o f the 2006 lnte rnational Residentia l Code. The same appear of record in my office and said documents are U1e offic ial records from the publi c office of the Town Secretary of the Town of Lakewood Vi ll age, Denton Count y, Texas. and are kept in said office.

J fu11her certify that I am the Town Secre tary or the Town of Lakewood Village, that l have legal custody of said records. and that I am a lawful possessor and keeper of the records in said office.

In witness whereof l have hereunto set my hand and affi xed the official seal of The Town of Lakewood Vi ll age th is 26t h day of March, 20 14.

~cJo'fdv-,bpQ_Q ~II , TRMC, Town Secretary Tov.rn of Lakewood Village Denton County State of Texas

Chapter 15 Exhaust Systems M1507.4 Local exhaust rates. Local exhaust systems shall be designed to have the capacity to exhaust the minimum air flow rate determined in accordance with Table M1507.4.

TABLE M1507.4 MINIMUM REQUIRED LOCAL EXHAUST RATES FOR ONE- AND TWO-FAMILY DWELLINGS For SI : 1 cubic foot per minute= 0.0004719 m3/s.

AREA TO BE EXHAUSTED EXHAUST RATES Kitchens cfm intermittent or 25 cfm continuous Bathrooms-Toilet Rooms Mechanical exhaust capacity of 50 cfm intermittent or 20 cfm continuous

STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full , true and correct copies of Chapter 3 1 P3 10 1.1, P3101.l , P3112.l, and P3112.2 of the 2006 International Residential Code. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office.

I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office.

ln wi tness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Vi llage this 26th day of March, 20 14.

~clo~b.eoP Lind ASljell, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas

Chapter 31 VENT SYSTEMS P3101.1 General. This chapter shall govern the selection and installation of piping , tubing and fittings for vent systems.

This chapter shall control the minimum diameter of vent pipes, circuit vents, branch vents and individual vents, and the size and length of vents and various aspects of vent stacks and stack vents. Additionally, this chapter regulates vent grades and connections, height above fixtures and relief vents for stacks SECTION P3104 VENT CONNECTIONS ANO GRADES P3104.1 Connection . All individual branch and circuit vents shall connect to a vent stack, stack vent or extend to the open air.

Exception: Individual, branch and circuit vents shall be permitted to terminate at an air admittance valve in accordance with Section P31 14.

Town Ordinance prohibits air admittance valves SECTION P3112 ISLAND FIXTURE VENTING P3112.1 Limitation. Island fixture venting shall not be permitted for fixtures other than sinks and lavatories. Kitchen sinks with a dishwasher waste connection, a food waste grinder, or both, in combination with the kitchen sink waste, shall be permitted to be vented in accordance with this section.

P3112.2 Vent connection. The island fixture vent shall connect to the fixture drain as required for an individual or common vent. The vent shall rise vertically to above the drainage outlet of the fixture being vented before offsetting horizontally or vertically downward. The vent or branch vent for multiple island fixture vents shall extend not less than 6 inches (152 mm) above the highest island fixture

STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performa nce of lhe runctions of my office, that the attached instrw11ents are full, true and correct copies of £3902.1 2 of the 2006 Internati onal Residentia l Code. The same appear of record in my office and sa id documents are the official records Crom the public office of the Town Secretary of the Town of Lakewood Vi llage, Denton County, Texas, and are kept in sa id office.

I fu11her certify that I am the Town Secretary of the Town of Lakewood V illage, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office.

In witness whereof I have hereunto set my hand and affixed the o fficial seal of The Town of Lakewood Vi llage th is 26th day of March, 20 14.

Chapter 39 Definition- ARC-FAULT CIRCUIT INTERRUPTER. A device intended to provide protection from the effects of arc-faults by recognizing characteristics unique to arcing and by functioning to de-energize the circuit when an arc-fault is detected.

E3902.12 Arc -fault circuit-interrupter protection. All branch circuits that supply 120-volt, single-phase, 15- and 20-ampere outlets installed in family rooms, dining rooms, living rooms, parlors, libraries, dens, bedrooms, sunrooms, recreations rooms, closets, hallways and similar rooms or areas shall be protected by a combination type arc-fault circuit interrupter installed to provide protection of the branch circuit.

STATE OF TEXAS ) ) CERTlFJCATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certi fy. in the performance of the functions of my office, that the attached instruments are full. true and correct copies of E3907.2 of the 2006 International Residentia l Code. T he same appear of record in my office and said documents are the official records from the pub Iic office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office.

I further certify that I am the Town Secretary of the Town of Lakewood Vil lage, that I have legal custody of said records, and that l am a lawful possessor and keeper of the records in said office.

In witness whereof l have hereunto set my hand and affixed the official seal of The Town of Lakewood Vi ll age thi s 26th day of March, 2014.

r--Y2cla ~bJ2.Q_ ~~IL TRMC Town Secretary Town of Lakewood Village Denton County Stale of Texas

Chapte~r 2 and Chapter 39 Definition: WEATHERPROOF. Constructed or protected so that exposure to the weather will not interfere with successful operation .

E3907.2 Damp and wet locations. In damp or wet locations, cabinets and panelboards of the surface type shall be placed or equipped so as to prevent moisture or wat1;)r from entering and accumulating within the cabinet, and shall be mounted to provide an air-space not less than 1/4 inch (6.4 mm) between the enclosure and the wall or other su pportin~~ surface. Cabinets insta lled in wet locations shall be weatherproof. For enclosures in wet locations, raceways a nd cables entering above the level of uninsulated live parts shall be installed with fitting s listed for wet locations.

ST ATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby ce1tify. in the performance of the functions of my office, that the attached instruments are fu ll, true and correct copies of £3909.8 of the 2006 lnternational Residential Code. The same appear of record in my office and said documents are the official records from the public office of the Tovm Secretary of the Town of Lakewood Village. Denton County, Texas, and are kept in said office.

I further certify that I am the Town Secretary of the Tovm of Lakewood Village, that I have legal custody of said records. and that l am a lawfu l possessor and keeper of the records in said office.

In wi tness whereofl have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March. 2014.

Grounding SECTION E3908 E3908.8 Types of equipment grounding conductors. The equipment grounding conductor run with or enclosing the circuit conductors shall be one or more or a combination of the following: 1. A copper, aluminum or copper-clad conductor.This conductor shall be solid or stranded ; insulated , covered or bare ; and in the form of a wire or a busbar of any shape.

2. Rigid metal conduit.

3. Intermediate metal conduit.

4. Electrical metallic tubing .

5. Armor of Type AC cable in accordance with Section E3908.4 .

Exhibit 30

ST A TE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance o r the functions of my office, that the attached instruments are fu ll, true and correct copies of Article 250 of the 2005 National Electrical Code. T he same appear of record in my office and said documents are the official records from the public office of the Town Sec retary of the Town of Lakewood Vi llage, Denton County. Texas, and are kept in said offi ce.

I rurther certify that I am the Town Secretary of the Town of Lakewood Village. that I have legal custody o f said records, and that 1 am a lawful possessor and keeper of the records in said office.

In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 20 14.

~dn..Y'Jaf1&0 ~sbell , TRMC, Town Secretary T own of' Lakewood Village Denton County State of Texas

ARTICLE 250 - GROUNDLNG AND BONDING 250.52

The neutral conductor shall have an ampacity of not 1ogerher to form the grounding electrode system. \VJ1cre less thnn the maximum current rnting of the grounding im- none of these grou nding electrodes exist, one or more of pedance. Jn no case shall the neutral conductor be smaller the grounding electrodes specified in 2SO.S2(A)('1) through than 8 AWG copper or 6 AWG aluminum or copper-dad (A)(7) shn11 be installed and used. aluminum.

Hxceptio11: Coucre1e-e11c:ased electrodes of existi11R build- (C) System Ncutrul Councclion. Thi! systt:m neutral con- ings or stnu:111res s/Jall 1101 be required to be par/ of the ductor shall not be connected to ground except through the gm1111di11g electrode system where 1fte steel rei11forci11g bars grounding impedance. or rods arc not accessible for 11se witftout dis111rhi11g the FPN: The impcclancc is normally selected to limit the conerel e. ground-fault cumnt to a value slightly ga::atcr tlmn or equal to the rnpm.:itive charging current of the system. l11is val111: of 250.52 Gr ounding ~lectrodcs. impcd1111c:c \\'ill also limit transient ovcrvoltoges to safe values.

For guidnncc, refer to criteria for limiting tmnsicm ovcrYOlt- (A) Electrodes Pel'mitted for Grounding. agcs in ANSl/IEl.lli 142-199 1, Reco111111e11decl Pmctic11 for Gro111uli11g of J11d11stri11! mid Co111111en:ial Power Systems. (1) l'vlctal Undergrouucl Water Pipe. A metal under- (D) Neutral Conductol' Routjng. 111e conductor connect- ground water pipe in di rect contncl with the earth for 3.0 m ing the neutral point of' lhe transformer or generator Lo the (JO ft) or more (i ncludi ng any metal well casing effectively grounding impedance shall be pennittcd to be installed in a bonded to the pipe) uod electricall y continuous (or made separate raceway. It shall not be required to run this con- electricall y continuous by bonding around insulaling joints ductor with the ph11sc conductors to lhc first system discon- or insulat ing pipe) Lo lhe points of com1eetion of the necti ng mcl'lns or ovcrcurrent device. grounding clcclrode conductor and the bonding conductors.

Interior metal water piping located more than 1.52 m (5 ft) (1~) Equipment Bonding Jumper. The equipment hond- fro m the point of enlrnnce to the building shall not be used ing jumper (the connection between the equipment ground- as n part of the grot111di ng ekctroclt: system or as a conduc- ing conductors and the grounding impedance) shall be an tor lo interconnect electrodes that are part of the groundi11g unsplicecl conductor rnn from the first system disconnecting electrode system. means or overcurrenc device to the grounded side of the grounding impedance. Erception: ill industrial and co111111ercial /J11ifdi11gs or (F) Grounding Electrode Conductor Location. Thi! .1·1mc1rtres wl1ere co11ditio11s of maintenance and s11pervi- g rounding elt:clrodt: conductor shall be attached at any sio11 e11s11re Ilia/ only quaf(fied persons service the i11s1a ffa- point from the grnunded side of tbc grounding impedm1ce tio11, interior metal ll'aler piping locmed more than 1.52 111 ro the equipment grounding connection at the service (5 JI) .fm111 tfle pni111 of entrance to tire building shall be equipment or first system disconnecting means. pen11i11ed as n part of /he gro1mdi11g eleclrode system or as r1 co11d11cror to i111ercm111ect electrodes that are part of tile (G) Equipment llondlng Jwnper Size. The equipment gm1111di11l! efectrocle system, providt!d thar tire e11n·re length, bonding jumper shall be sized in accordance with ( I) or (2) mlrer 1/11111 slwr/ sec1io11s passing pe1pe11dic11lar tftro11gh us foUows: walls, floors, or ceilings, of the interior me/a/ ll'a/er pipe (l) Where the grounding electrode conductor con11cc1io11 is tftm is being used for the co11d11ctor is exposed. made at the gru11mling impedance, !he equipment hunc.l- ing jumper shall be sized in accordance with 250.66, (2) Met;1l Frame of the Duildlng or Structul'e, The metal based on the size of the service entrance concluctors for frnme of th e building or structure, where any of tbc.: follow- a service or the derived phase conductors for a St!pa- ing methods are used 10 make nn eai1h connection: rately derived syslem. ( I) 3.0 m ( I 0 ft) or more of a single structural metal mem- (2) Where the grounding elcc1rocle conciuctor is connected ber in direcl contact with the earth or encased in con- al the first syslem disconnecting means ur ovl!reun-cnt crete Lha1 is in direct contact with the earth device, the equipment bonding jumper shall be sized (2) The struclural metal rrame is bonded to one or more of the smne as tht! neu1ral conductor in 250.36(B). the grounding dcclrodes as defined in 250.52(A)( I), (A)(3), or (A)(4) III. G rounding Electrode System ancl G rounding (3) The strucn1rnl metal frame is bonded to one or more of Electrode Conductor the grounding electrodes as defined in 250.52(A)(S) or 250.50 Grounding Electrode System. All grounding elec- (A)(6) rhat comrly wi1l1 250.56, or lrodes us described in 250.52(A)( l ) through (A)(6) that are (4) Other approved means of establishing a connection to present at each building or strncturc scn·cd shall be bonded ear1h.

2005 Edil ion NATIONAL ELECTRCCAL CODB 70- 101 2.50.53 i\RTICl.E 250 GROUNDING 1\ND BONDING

(3} Com:rclc-Encuscd Electrode. An clec1rodc encased (A) Rod, P i11e, and P la te Elcclrodcs. \Vhere prncticable, by a1 leas! 50 mm (2 in.) of coucrcle, localed within and rm.I, pipe, and plnti:: electrodes shall be embedded below per- near the bonom of a concrete foundation or footing that is manent moisture level. Rod, pipe, and plate electrodes shall be in direct conrnct with the enrth, consisting of at least 6.0 w free From nonconductive coatings such 11s paint or enamd . (20 fl) of one or more bare or zinc galvanized or 01her (R) F.Jcctrodc Spadng. Where more than one of lhc clec- electrically conductive coated steel reinforci ng hars or rods 1rotlcs of the type specified in 250.52(/\)(5) or (1\ )(6) are of not less thn n 13 mm ('12 in.) in diameter, or corn;istiug o[ used, each electrode of one grounding system (including at least 6.0 m (20 ft) of bare copper conductor not smaller that used fo r air terminals) shall nol be less !ban 1.83 m 1lrnn 4 AWG. Reinfo rcing bars shall be permitted to be (6 ft) from any other clct:trodc of nnother grounding sys- bonded together by Ille usual steel tie wires or other effcc- lem. 1\vo or more grounding electrodes thar are effeclively 1iw. means. bonded toge1hcr shall be considered a single grounding (4) Ground Ring. A ground ring encircling the building or ch.:ctrode system. st111cture, in direct conlnct with the cnrlh, consisting of al (C) Bonding J umper. The bonding jumper(s) used to con- least 6.0 m (20 ft) of bare copper conductor not smaller nect the groundi11g electrodes together to form the ground- than 2 AWG. ing electrode system shall be iustnUcd in nccordance with 250.64(A}, (B), and (E), shall be sized in 11ccord1111cc with (5) rtod and Pipe Electrodes. Rod and pipe e lcctrod~s 250.66, and shnU be con.nectcd in the manner spccillcd in shall 1101 be less than 2.5 m (8 fl)'i.11 length and shall consisl 250.70. of the followi ng matcrjals. (D) Metal lJn dergronncl Wa ter Pipe. Where used as a (a} Eleclrodes of pipe or t:ondu il shall not be smaller grounding eleclrode, metal underground water pipe shaU lhan mcuic dcsigoalor 21 (trade size 311) and, where of iron meet the requirements of 250.53(D)(l ) mt<.l (D)(2). or steel, shnll have the outer su1face galvanized or other- wise metal-coated for corrosion protection. ( l) Continuity. Conti nuity of the grounding pa th or the (b) Ele<.:trodcs of rods of iron or steel shall be al least bo nding connection to interior piping sha ll not rely on wa- 15.87 mm (-% in.) in diameter. .Sraiuless steel rods less thn11 ter meters or filtering devices and similar equipment.

Where the supplemental clcctrorlc is a rod, pipe, or plate elcc- (D) E lectrodes Not P ermit ted fo r Grouncliug. The fol- lrode, that po11ion of the bonding jumper that is I.he sole con- lowing shall not be use<l as grounding elec1rotles: m:ction 10 the supplerncmal grounding clcclrode shnll 1101 be ( L) Metal underground gas piping system required to be larger rhan 6 /\WO copper wire or 4 AWG (2) Aluminum electrodes aluminum wire.

FPN: Sec 250. !04(8) for bonding requirements of' g:t ~ (F) Ground Ring. The ground ring sllall be buried al a piping. deplh below the earth 's surface of not less than 750 mm (30 in.).

250.53 Grounding Wcctrodc System Installation. (G) llod nud Pipe Electrodes. The clectJ'Odc shall be in- FPN: See 547.9 and 547.lO for special grouuding ::iud sraUcd such that at lcnst 2.44 m (8 ft) of length is in contacl bond ing rcquircmcnls for agricult ural h11ildi11gs. wilh the soil. It shall he dri ven lo u depth of not less than

70 102 NATIONAL ELl!CTRICAL CODll 2005 Edition ARTICLE 250- GROIJND!NG AND BONDTNG 250.64

2.44 m (8 fl) except lhat, where rock bonorn is encountered, PPN No. 2: Bonding togclhcr of all separate grounding the electrnde shall be driven at an oblique angle not to exceed electrodes will limit potential differences between them and between their associated wiring systems.

250.54 Supplementary Grounding Electrodes. Supple- (A) Aluminum or Copper-Clad Alomhmm Conductors. mentary grounding electrodes shall be permitted to be con- Bare aluminum or copper-clad aluminum grounding con- nected lo the equipment grounding conductors specified in ductors shall not be used where in direct contact with ma- 250. 118 and shall not be required to comply with the elec- sonry or the earth or where subject to corrosive conditions. trode bonding requirements of 250.50 or 250.53(C) or the \Vliem used outside, aluminum or copper-clad aluminum resistance requirements of 250.56, bu t the cru1h shall not be grounding conductors shall not be terminated within 450 mm used as an e[ecli ve ground-Fault cu1Tent path as specified ( 18 in.) of the ea 1th. in 250.4(/\)(5) and 250.4(13)(4). (B) Securing and Protection Against Physical Damage.

250.56 Rcslsl:rncc of Rod, Pipe, nnd Plate E lectrodes. A Where exposed, a grounding electrode conductor or its enclo- single electrode consisting of a rod, pipe, or plate that does sure shall be securely fastened to the sutface on which it is not have a resistance to ground of 25 ohms or less shall be can"ied. A 4 AWG or larger copper or aluminum grouuding augmented by one 11dditional electrode of auy of the types electrode conductor shall be protected where exposed to specified by 250.52(A)(2) through (A)(7). Whe.re multiple physicnl damage. A 6 AWG grounding electrode conductor rod, pipe, or plntc electrodes are installed to meet the re- that is free !Tom exposure to physical damage shall be permit- quirements of this section, they shall not be less than l.8 m ted to be nm along the surlilce of the building constiucrion (6 ft) apart. without metal covering or protection where it is securely fas- tened to the conslruction; otherwise, it shalJ he in tigid metal FPN: The parnlll:ling cnicie11cy of rods lo11gcr than ?..5 m conduit, intem1ediate metal conduit, rigid nonmetallic conduil, (8 ft) is improved by spacing greater than 1.8 111 (6 ft). electrical metallic tubing, or cable annor. Grounding electrode conduqors smaller lhan_6 AWG shall be in Jigid metal con- 250.58 Common Grounding Electrode. Where <Ill ac sys- duit, i.ntermcdialc metal conduit, rigid nonmetallic conduit, tem is connected to a grou nding electrode in or at a build- electrical mel<1llic l'Ubing, or cable nrmor. ing or struc1 ure, the same electrode shall be used to ground conduct or enclosures and eqnipment in or on lhal building (C) Continuous. Grounding electrode conductor(s) shnU be or strucrure. Where separntc services, feeders, or branch installed in one continuous length without a splice or joint circuits supply a building nn<l arc required lo be connected except as penniued in (I) 1hrough (4): to a ground ing electrode(s), the same groun<ling elec- (1) Splicing shaU be permitted only by irreversible trode(s) shall be used. compression-type connectors !isled as grounding and 1\vo or more grounding electrodes that arc effectively bonding equipment or by the exothermic we lding bondecl together shall be considered as a single ground ing process. electrode system in this sense. (2) Sections of busbars shall be permitted to he connected togeth er to form a grounding electrode conductor.

250.60 Use of Air Terminals. Air terminal conductors and (3) llondi ng jumper(s) from grounding electrode(s) and driven pipes, rods, or plate electrodes used for ground ing air grounding electrode conductor(s) shall be permitted to terminals shall not be nsed in lieu of the grounding electrodes he connected to nn aluminum or copper busbar not less required by 250.50 for grounding wiring systems and cquip- than 6 mm x 50 mm ( 1.4 in. x 2 in.). The busbar shall be me111. This proYision shall not prohibit the required bonding securely I'asle ned and shall be installed in an accessible together of grounding elccu·odes of different systems. location. Connections shall be made by a listed com1ec- tor or by the exothermic welding process.

FPN No. I: Sec 250.106 for ~pacing from uir terrni11uls.

See 800.100(0), 8 t 0.21 (J). nnd 820. tOO(D) for honcling of (4) Where aluminum busbnrs arc used, the in stalla~ ion clcctrmlcs. shall comply with 250.64(A).

2005 Edition NATIONAL El.loCfRIC:\L COllE 70-103

250.66 ARTlCLE 250 - GROUND!NG 1\ND DONDTl\'G

(D) Grounding Electrode Cornluct01· Taps. Wlicre a st:r- 1\1blc 250.66 G1·011ndl11g 1£1ectrode Conductor for vice consists of more than a single enclosure as permitted in Allcruating-Currcnt Systems 230.7 1(A), it shall be permitted to connect tcips to the common grounding electrode conductor. Each such Lup conductor shall Sl1e of Lnrgest Ungrounded Scrvlcc-Entrnnce Conductor or Size of Gromuling extend to the inside of each such enclosure. The common Electrode Conductor Ec1ul vulcnt Arcn for PnrnUcl grounding electrode conductor shall be sized in nccordance Concluclors0 (AWG/kcmil) (AWG/kcmll) with 250.66, basc.:d on the sum of the circular nlil m-ca uf the largest ungrounded se1vice entrance conductors. Where more Alu minum than one set of service entrance conductors fl~ pennitted by Aluminum 01· or Copper- Clad Copper-Clad 230.110, Exception No. 2 connect directly LO a service: drop or Co11pcr Aluminum Copper Aluminumb J111eral, the common grounding elecn·octe conductor shall be sized in accordance with Table 250.66 Note l. The tap con- 2 or smaUer 110 or surnllcr g 6 ductors shall be permiltcd to be sized in accurdauc.:~: with the grounding electrode conductors spi:citicd in 250.66 for the I or 1/0 210 or 3/0 6 4 largest conductor serving the respective enclosures. The tnp 210 or 3/0 4/0 or 250 4 2 conductors shall be connected to the common grounding elec- trode conductor in such a manner lhat the common grounding Orer 3/0 Over 250 2 1/0 clcctnxlc condnctor remains without a splice or j oinl. lhrough 350 through 500 (E) E nclos ures l'or Grou nding Elcclroclc Conducto1·s, Ovl~r 350 Over SCKl 1/0 3/0 through 600 lhrough 900 renuus metal enclosures for grounding dectrode conductors shall be electrically continuous from the point of attachment to 01'Cf 600 Over 900 210 4/0 cabinets or equipment to the grounding electrode and shall be through 1100 through 1750 securely fa~tencd to the ground clamp or fitt ing. Nonfc1mus Over IJOO Over 1750 310 250 metal enclosures shall 1101 he required to be electrically con- tinuous. Ferrous metal enclosures that are not physically con- Notes: tinuous from cabinets or equipment to the grounding clcctrnde t. Where umlliplc sets of service-entrance conductors urn used as shall be made elccuicnlly continuous by bondi ng each end of penni11c:d in 230.40, Excep1ion No. 2, 1l1c cquivalcul size of lhc larg- the raceway or enclosure to the grounding electrode conduc- est servicc-e111ranc:e conductor shall l>c determined by the larges! sum of the areas of the corresponding conductors of each sec. tor. Handing shall apply at cac.b end and to all intcrvcuing 2. Where there are no sen·1ce-enlrullce coudui:tors, the grounding elec- ferrous raceways, boxes. and enclosuri::s bc!tween the service trcxlc rnndudor size sbaU be determined by the equivalent size of the equipment and the grounding electrode. ·n1e bonding jumper largest scl'\•icc-entrnnce conductor required for the load to be !>Cl'\'ed. for a grounding electrode conductor raceway or cable armor "This table also applies to U1c dcrh·ed conductors of sepnrntely dt:· rived uc systems. sha ll be the same size HS, or lnrger lhan, the required enclosed bScc instnllutiou re~lric ti ons in :l50.6<J(J\). grounding electrode conductor. Where a rnceway is used as p1·01cclion for a groundi ng electrode conductor, the installation shall comply with the requircmcnls of the appropriate raceway :U1ide. (A) Connections to Rod, Pipe, or Plate E leclrod es. Where the grounding electrode conductor is connected lo rod, pipe, or (F) To Electrode(s). A grounding electrode conductor plate electrodes as pe1mitted in 250.52(A)(5) or (A)(6), that shall be permilled 10 be rnn lo any conve nie nt grounding prn1ion of' the conductor that is the sole connection to the electrode available in the grounding electrode system, or to grounding electrode shall not be required to be larger l.han 6 one or more grounding clectrodc(s) individuaUy, or to the AWG copper wire or ti AWG aluminum wire. aluminum or copper busbar as permitted in 250.M(C). The (B) Connections to Concrete-Encased E lectrodes. groundi ng elecrrode conductor shall be sized for the largest grounding elecu·ode conductor required among aU Lhc elec- Where the grounding electrode conductor is connected to a conc.:rele-cncnsed electrode ns permitted in 250.52(A)(3), trodes connected to it. that portion of the conductor that is the sole connection to 250.66 Size of A lfcmntin~· C urren t Gl'Ounding E lec· the grounding electrode shnll not be requi red to be larger !rude Conductor. The si:i:c of the gruunding e k:c1rode con- than '' AWG copper wire. ductor of a grounded or ungrounded ac system shall not be (C) Connl!ctions to Ground Rings. Where the grounding less than given in Table 250.66, except as pcrm.iHcd in clcclrmle conductor is connected to a ground ring as permitted 25U.66(A) through (C). in 250.52(A)(4), that portion of the conductor thal is the sole FPN: See 250.2<1(C) for size of ac system conductor broughl connection to the grounding electrode shall not be required to to service equipmenl. he larger than lhe conductor used for the ground ring.

70-101 NATIONAL E.LECllUCAL CODf: 2005 E<lilion

Exhibit 31

STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instrnments are full, true and correct copies of the email and attaclunent from Linda Asbell to Alan Hoffmarm dated March 12, 2014.

The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office.

I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office.

In witness whereofI have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014.

Linda Asbell From: Linda Asbell < [email protected]> Sent: Wednesday, March 12, 2014 5:01 PM To: 'Ala n Hoffmann' Cc: 'Harry Bizios' Subject: RE: 3950 Spi nnaker Run Pt Attachments: 2014 _03_12_16_29_29.pclf

Alan, Attache d is the doc11ment we discussed. This is a letter JJrepared by the Town /\ttorney and directly relates t o your questions. /\s I sta ted In our conversation, the bu ilding permit approval process was delayed because your HVAC contractor postponed regis tration. Regist ration of all subs is a requirement of the permit re lease . The pl ans were approved on February 6 • The permit is ready for release upon receipt of the build ing per mit fee and attenda nce of a ma ndatory pre- construct ion meeting (origina lly scheduled for February 19 1i). /\II pre-construction meetings are sched uled for Spm . Let me know your avallablllty and I will be happy to reschedule th e mee ting with the building inspector.

Please review the attached document and let me know if you have any questions.

Linda Asbell, THMC Town Secretary 972-294 -5555 (direct) www.lakewoodvillagetx.us

Ll~ r EWOOD · ~-VILLAGE From: Alan Hoffmann (mailto:[email protected]] Sent: Wednesday, March 12, 2014 3:47 PM To: Linda Asbell Cc: Harry Bizios Subject: Re: 3950 Spinaker Run Pt Linda, First of all. The building inspector never approved the plans. After th e lengthy wait of your permit process, I began to do some legal research with regard Lakewood Village's ability to review plans.

My client and I believe you have misrepresented your authority to the ETJ residents and it is my understanding and the property owner's understanding that you have no right to review plans, collect fees, inspect or visit construction sites in your ETJ.

So I will be sending a courier tomorrow to pickup all plans and engineering with respect to this project and any entrance by your ci ty's representatives, inspectors and or employees will be considered ;111 act of trespassing.

MESSER, CAMPBELL & BRADY I\ lJM1 If [} LrA!JH 11 '>'I 'AflflffW)l/IP ATfORNEY!::J 6351 PRESTON r~OAD. Stun~ 3fi(l FRISCO, TtrXA.S ./003'1 972.424. /:<OD· I ELEPHO/'ll: 972.424./244 ·FACSIMILE' 11·11·11•.111<'hl1111·Jin11.1wt

August 7, 2012

Via elecIro 11 ic ma i I: Wllillllllllllllll!!!!!!lli!!!!!iJii!lllllillllllillllllD Re: Town of Lakewood Village's authority to enforce building regulations in its li:xtrnterritorial Jurisdiction Mr. • • • You recently inquired as to the Town of Lakewood Village's authority to enforce building regulations in its Extralc1Titorial Jurisdiction. This brief memorandum serves lo respond lo your inquiry.

Texas municipalities have been gramcd tlu.: slalutury authority to apply by ordinance their subdivision regulations, including platting, building standards and pennilting, in their extraterritorial jurisdiction ("ETJ"). Texas Local Government Code Section 212.003 stales that: § 212.003 Extension of Rules to l!:xtratc1Titorial Jurisdiction (a) The governing body of a municipality by ordinance may extend to the cxtratcrrilorial jurisdiction of the municipality the application of municipal ordinances adopted under Section 212.002 ....

Scctit1n 212.002 of the Local Government Code stales that '"the governing body of a municipality may adopt rules governing plats and subdivisions of land within the municipality's jurisdiction." Other Local Government Code provisions support the right of Texas municipalities to enforce subdivision regulations in the ET.I. For instance, Section 214.904 governs the application of pern1its required by a municipality to erect or improve a building or structure in the cmporate limits or ETJ. Similarly, Section 242.001 governs interlocal agreements by a municipality to regulate subdivision plats and pennits in the ETJ. Additionally, Section 233.l 53(c), which addresses county building regulations in unincorporated areas, specifically states that "if u municipality located within (mi unincorporated area of a county] has adopted a building code in the municipality's cxtrntcrritorial jurisdiction, the building code adop11ul hy the 11111niclpalily controls and building code standards under this subchaplcr have nu effect in the municipality's extrnten·itorial jurisdiction." (emphasis added). Therefore, the Town's regulations in its ETJ control over Denton County's regulations.

In interpreting the extent of !his slaltllory authority that has been granted to municipalities, courts in Texas have repeatedly upheld the ability of municipalities to regulate subdivisions and enforce ordinances in their ET.I. llnrtsdl v. Town offolty, 130 S.W.3d 325, 328 (Tex. App. - Dallas 2004, pet. dcnied)("ordinances regulating development, such as those speciJying design, construction and maintenance standards may be extended into a city's extraterritorial jurisdiction"); !.evy v. City 4 Plano, 2001 WL 1382520, *2 (Tex. App. - Dallas 2001, no pet.)(City could apply subdivision regulations lo property in ils ET.I); City of Lucas v. North Texas Municipal Water Dist., 724 S.W.2d 811, 823 (Tex. App. - Dallas 1986, writ rePd n.r.e.)(city has statutory authority to extend its subdivision ordinances und <lf<linanccs regulating development, such as those specifying design, construction and maintenance standards, to its cxtrate1Titorial jurisdiction). The Supreme Court has noted !hat the purpose of plalling and subdivision regulations is to "ensure that the subdivisions are safely constmctcd and to promote the orderly development of the community." City <?f'lla1111d Rock ''· Smith, 687 S. W.2d 300, 302 (Tex. 1985).

In Let~' \>. City <!l Pla110, supra, the Dallas court or appc:tls stated lhc city of Piano's subdivision regulations applied lo the ET.I. In Milestone Putrmu:o Dev. v. City ufSan Antonio, 298 S.W.3d 242, 245 (Tex. App. - San Antnnio 2009, pct. denied), the San Antonio court of appeals upheld the city of San Antonio's tree preservation ordinance to the ETJ because it promoted the health of the municipality and healthful development of the community. In City of Luca,1· v. North Texas Municipal Water Dist., 724 S. \V.2d 811 (Tex. App. - Dallas, writ refd n.r.c.), the Dallas court of appeals upheld !he application of the city of Lucas' construction- relaled ordinances and building permits to the ETJ. The Dallas court of Appeals in Lucas specifically addressed the extent of a city's authority to enforce subdivision regulations in the ET.I: Were we lo hold that building standards are no! contemplated by [Section 212.003(a)], we would be left with a statute that grants authority over the laying out of streets, alleys and lot boundaries, but precludes amhority over the most important part of a subdivision. Consequently, we conclude thul the pmwr over subdivisions conferred by [Section 212.00J(a)] necessarily or fairly implies a right to issue regulations governing constrnction of housing, buildings, and the components !hereof. !cf. at 823-24.

In conclusion, based on the slalulory and case authorities, Lakewood Village as a Texas municipality may lawfully enforce its subdivision regulations and constrnction-related ordinances in its [ff.I, issue building and construction-related permits for improvements in its ETJ, and enforce othet· non-zoning regulations in its ET.I.

Very truly yours,

i_NP'{ )111('.<'!,,,.,.,_ Wm. Andrew Messer Town /\Homey WAM/jms

Exhibit 32

Ord 50 Ord 73 Ord 791 Ord 561 Ord 792 O rd 3/1973 9/1976 10/2006 685 5/2002 10/2006 1/2 0 Ord 578 Ord 337 Ord 41 05 Ord 442 11/2002 10/1971 11/1995 6/1999 Ord 338 Ord 40 Ord 673 11/1995 8/1971 11/2004 Ord 339 11/1995 Ord 318 3/1994

O /19 rd 7 1 Ord 88

3/1977 Ord 790 Radius created by 10/2006 Ord. 88 3/1977 Distance measured with GIS Ord 386 2,602 3/1997 Ord 19 7/1966

Ord 360 8/1996

Ord 59 9/1974 Ord 843 8/2007

Incorporated 4/26/77 Population 620

Town of Little Elm ETJ Little Elm and Lakewood Village Legend NAME, TYPE Denton County, Texas Lakewood Village, CITY Lakewood Village, ETJ 0 950 1,900 3,800

µ 1 inch = 1,644.16 feet Feet Little Elm, CITY Little Elm, ETJ 436 Exhibit 33

U. 5. Army, Corps of Engineers ATTN: CESWF-RE-M P. 0. Box 17300 Fort Worth, TX 76102-0300

January 28, 2014 Mr. Harry Bizios 3960 Spinnaker Run Point Little Elm, Texas 75068 Dear Mr. Bizios: Enclosed are two fully executed copies of Consent DACW63-9-14-0533 for your records . Per condition 10 of your consent a copy must be filed at the county of record under the referenced tract number. Once recorded a copy must be provided to us so that we will know the consent is officially on record. You have 90-days to provide us with proof of recording or your consent may be terminated.

If you have any questions related to your rights or responsibilities as provided for in the consent, please contact Mrs. Vicki Akers at 817-886-1114.

I~ /

~ Joan eMur ~ Re y Specialist ort Worth District Enclosures

Consent No. DACW63-9-14-0533 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS FORT WORTH DISTRICT Pr-oject: Lewisville Lake, Texas Tract No. E-465E

WHEREAS, the United States has acquired a perpetual flowage easement over Tract No. E-465E, Lewisville Lake, Texas, recorded in Deed Records, volume 463, pp. 444, of Denton County, Texas.

WHEREAS, said easement grants to the United States the right of prior approval for any structure to be located within the easement area, which area is under the administrative control of the Fort Worth District, Corps of Engineers.

WHEREAS, the United States has been requested to grant approval for a riprap retaining wall to be placed on the above-identified tract.

NOW THEREFORE, the United States hereby gives consent to Mr. Harry Bizios to place a riprap retaining wall at the location shown on Exhibits A and B.

PROVIDED HOWEVER, that this consent is subject to the following conditions: 1. All activities conducted on the premtses shall comply with all applicable Federal, state, coW1ty and municipal laws, ordinances and regulations wherein the premises are located.

2. The giving of this consent does not. in any way subordinate the United States' prior easement rights. The United States shall in no case be liable for any damage or injury to the structures herein consented to, which may be caused by any action of the United States under its easement, or that may result from future operations undertaken by the United States, and no claim or right to compensation shall accrue lrom such exercise of the United States' easement rights.

3. lbe United States shall not be responsible for damages to property or mjuries to perso11s whtch may artse from or be inctdcnt to the exercise of the consented actiYity lnis instrumcm •s eftectin· on I) ins lf(!r <I" the rights of the United '5um:s in the premises are concerned; and the consentee shall obtain such pem1ission as may be required on account of an) other existing rights. lt is understood that this consent does not eliminate the necessity tor obtaining any Department of the Army permit which may he required pursuant to the provistOns of Section J 0 uf the Rivers and Harbors Acl of 3 March 1899 (30 Stat 1151: :n

Consent No. DACW63-9-14-0533 U.S.C. § 403), Section 404 of the Clean Water Act (33 U.S.C. § 1344) or any other permit or license which may be required by Federal, state, interstate or local laws in connection with the use of the premises.

5. All cut and fill material must produce at least a balanced total in volume.

Construction associated with the riprap retaining wall must not result in a loss of flood storage or interfere with the operation of Lewisville Lake.

6. The retaining wall structure must not be constructed to exceed elevation 537.00' msl.

7. Each end ofthe retaining wall must tie in to maintain the integrity of the retaining wall.

8. The bags used must be equivalent to Sakrete Rip-Rap Scrim or better.

9. Any uncured or crushed cured cement product used, including bags will be removed from the flowage easement to prevent environmental hazards.

10. The grantee is responsible for ensuring that the fully executed consent is officially recorded and filed and a copy is provided to the undersigned Real Estate Contracting Officer within 30 days of receipt.

IN WITNESS WHEREOF, I have hereunto set my hand by authority of the Secretary of the Army. this d. I day of Jo.AuCA=:J , 2014.

R-j .!:J, ~ -~-· Rocky D. Lee District Chief of Real Estate Real Estate Contracting Officer

THJS CONSENT is also executed by the grantee this 2 t.j day of ......Ja.ld-40.Y'--l 2014. ' Harry Bifros )

Consent, R- Rap Retaining Wall , Tract E 465 E 3960 Spinnaker Run Point , Little Elm, TX 75068 \

.- .· . ...... .-. ~ -'.:\

-- 65 0 130 Feet

Lewisville Lake Legend -:-, Boundary Monuments 77 Lewrsv• le 537 Contow Fee Boundarv f1 ••• R-Rar Eros1nn Cr,n·•ql

US Army Corp~ .] 21 EI I. .. " .... of Engineers EXHIBIT A EXHIBIT B Exhibit 34

• • • DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS SUNRISE BAY AT LAKE LEWISVILLE SECTION ONE STATE OF TEXAS * 045'?95 KNOWN ALL MEN BY THESE PRESENTS: COUNTY OF DENTON* This Declaration, made on the date hereinafter set forth by PROPERTIES OF THE SOUTHWEST INC., a Delaware corporation, duly authorized to do business in the State of Texas, hereinafter referred to as "Developer." WI TN E S S E T H: WHEREAS, Developer is the Owner of that certain Tract of land known as SUNRISE BAY AT LAKE LEWISVILLE of approximately 257.1573 Acres of land situated in Denton County, Texas (hereinafter referred to as the "Subdivision"), with the Plat ("Plat") of Sunrise Bay at Lake Lewisville SECTION ONE containing approximately 257.1573 acres (hereinafter referred to as "SECTION ONE"), ~orded in the office of the County Clerk of Denton County, Texas on the ~ Clay of !Jllfi.1JSC 1995, after having been approved as provided by law, and being recorded in Cabinet '- Slide 22q- 22-7 of the Map Records of Denton County, Texas; and WHEREAS, it is the desire of Developer to place certain restrictions, easements, covenants, conditions, stipulations and reservations (herein sometimes referred to as the "Restrictions") upon and against such SECTION ONE in order to establish a uniform plan for it's development, improvement and sale, and to insure the preservation of such uniform plan for the benefit of both the present and future Owners of Tracts in SECTION ONE; NOW, THEREFORE, Developer hereby adopts, establishes and imposes upon SECTION ONE, and declares the following reservations, easements, restrictions, covenants and conditions, applicable thereto, all of which are for the purposes of enhancing and protecting the value, desirability and attractiveness of said Property, which Restrictions shall run with said Property and title or interest therein, or any part thereof, and shall insure to the benefit of each Owner thereof. Developer also declares that SECTION ONE shall be subject to the jurisdiction of the "Association" (as hereinafter defined).

ARTICLE I DEFINITIONS Section 1.01 "Accessory Building" shall mean and refer to a subordinate building, attached to or detached from the Dwelling (as hereinafter defined).

Section 1.02 "Annexable Area" shall mean and refer to any additional property made subject to the jurisdiction of the Association pursuant to the provisions set forth herein, including, without limitation, any property adjacent to or in the proximity of the Subdivision.

Section 1.03 "Association" shall mean and refer to the Sunrise Bay at Lake Lewisville Property Owners Association, and its successors and assigns.

I 07111195 ClibPDF - www.fastio.com ' Section 1.04 "Board of Directors" shall mean and refer to the Board of Directors of the Association.

Section 1.05 "Builders" shall mean and refer to persons or entities that purchase Tracts and build speculative or custom homes thereon for third party purchasers.

Section 1.06 "Common Area" shall mean all real property (including the improvements thereto) within the Subdivision owned by the Developer and/or the Association for the common use and enjoyment of the Owners.

Section 1.07 "Contractor" shall mean and refer to the person or entity with whom an Owner contracts to construct a residential Dwelling on such Owner's Tract.

Section 1.08 "Developer" shall mean and refer to Properties of the Southwest, Inc. and its successors and assigns.

Section 1.09 ''Dwelling" shall mean and refer to a building having accommodations for and occupied by not more than one Family (as hereinafter defined).

Section 1.10 "Front Yard" shall mean and refer to a space on a Tract facing a Street (as hereinafter defined) and extending across the front of the Tract between the Side Lines (as hereinafter defined) and being the horizontal distance between the Street Line (as hereinafter defined) and the Dwelling or any projection thereof other than the projection of the usual steps and eave over-hangs.

Section 1.11 "Garage" shall mean and refer to an Accessory Building or a portion of a Dwelling in which motor-driven vehicles are stored.

Section 1.12 "Height" shall mean and refer to the measurement from the average established grade at the Street Line abutting the Tract or, if higher, from the highest natural ground level of the two points where the Front Setback Line (as hereinafter defined) intersects the two Side Lines of the Tract, to the highest point of the Improvement being measured.

Section 1.13 "Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of fee simple title to any Tract which is a part of the Subdivision, including (i) contract sellers (a seller under a Contract-for.

Deed), but excluding those having such interest merely a security for the performance of an obligation, (ii) Developer (except as otherwise provided herein), and (iii) Builders.

Section 1.14 "Plat" shall collectively mean and refer to: (i) the Final Plat of Sunrise Bay Section 1, recorded at Cabinet b- , Slide~/Map Records, Denton County, Texas.

Section 1.15 "Preferred Builder" shall mean a builder who has been researched, investigated and approved by Properties of the Southwest, Inc. Section 1.16 "Rear Line" shall mean the opposite of Street Line.

Section 1.17 "Rear Yard" shall mean and refer to a space extending across the rear of a Tract from one Side Line to the other Side Line and being the horizontal distance between the Rear Line and the Dwelling or any projection thereof other than the projection of the usual steps and eave over-hangs.

07/11/95 ClibPDF - www.fastio.com Section 1.18 "Side Line" shall mean and refer to any boundary line of a Tract which is not a Street Line or Rear Line.

Section 1.19 "Street" shall mean and refer to the roadways dedicated by the Developer to Denton County, Texas, by the Plat or any subsequent re-plat of SECTION ONE and any other portions of the Subdivision deeded or dedicated to and accepted by Denton County, Texas as public streets and roadways.

Section 1.20 "Street Line" shall mean and refer to that boundary line of a Tract which is also the boundary line of a Street.

Section 1.21 "Sunrise Bay at Lake Lewisville" shall mean and refer to SECTION ONE and any other sections of Sunrise Bay at Lake Lewisville hereafter made subject to the jurisdiction of the Association.

Section 1.22 ''Tract" shall mean and refer to any plot of land identified as a Tract or homesite on the Plat of SECTION ONE. For purposes of this instrument, "Tract" shall not be deemed to include any portion of the "Common Areas" or "Unrestricted Reserves" (defined herein as any Common Areas and Unrestricted Reserves shown on the Plat) in SECTION ONE, regardless of the use made of such area.

Section 1.23 ''Water Front" shall mean and refer to any property adjacent to the Corps of Engineers Property.

ARTICLE II RESERVATIONS, EXCEPTION AND DEDICATIONS Section 2.01 Recorded Subdivision Map of the Property. The Plat (''Plat") of SECTION ONE dedicates for use as such, subject to the limitations as set forth therein, the roads, streets and easements shown thereon. The Plat further establishes certain restrictions applicable to SECTION ONE. All dedications, restrictions and reservations created herein or shown on the Plat, replats or amendments of the Plat of SECTION ONE recorded or hereafter recorded shall be construed as being included in each contract, deed, or conveyance executed or to be executed by or on behalf of Developer, whether specifically referred to therein or not.

Section 2.02 Easements. Developer reserves for public use the utility easements ·shown on the Plat or that have been or hereafter may be created by separate instrument recorded in the Real Property Records of Denton County, Texas, for the purpose of constructing, maintaining and repairing a system or systems of electric lighting, electric power, telegraph and telephone line or lines, storm surface drainage, cable television, or any other utility the Developer sees fit to install in, across and/or under SECTION ONE for the benefit of the subdivision or any part thereof. All utility easements in SECTION ONE may be used for the construction of drainage swales in order to provide for improved surface drainage of the Reserves, Common Area, Tracts and/or all other areas of the subdivision or any part thereof. Should any utility company furnishing a service covered by the general easement herein provided request a specific easement by separate recordable document, Developer, without the joiner of any other Owner, shall have the right to grant such easement on said property without conflicting with the terms hereof. Any utility company serving the subdivision shall have the right to enter upon any utility easement for the purpose of installation, repair and maintenance of their respective facilities. Neither Developer nor any utility 07111195 ClibPDF - www.fastio.com company, political subdivision or other authorized entity using the easements herein referred to shall be liable for any damages done by them or their assigns, agents, employees, or servants, to fences, shrubbery, trees and lawns or any other property of the Owner on the property covered by said easements.

Section 2.03 Title Subject to Easements. It is expressly agreed and understood that the title conveyed by Developer to any of the Tracts by contract deed or other conveyance shall be subject to any easement affecting same for roadways or drainage, electric lighting, electric power, telegraph or telephone purposes and other easements hereafter granted affecting the Tracts. The Owners of the respective Tracts shall not be deemed to own pipes, wires, conduits or other service lines running through their Tracts which are utilized for or service other Tracts, but each Owner shall have an easement in and to the aforesaid facilities as shall be necessary for the use, maintenance and enjoyment of his Tract. The Developer may convey title to said easements to the public, a public utility company or the Association.

Section 2.04 Utility Easements.

a. Utility ground and aerial easements have been dedicated in accordance with the Plat and by separate recorded easement documents.

b. No building shall be located over, under, upon or across any portion of any utility easement. The Owner of each Tract shall have the right to construct, keep and maintain concrete drives, fences, and similar improvements across any utility easement, and any public utility shall be entitled to cross such easements at all times for purposes of gaining access to and from such Tracts, provided, however, any concrete drive, fence or similar improvement placed upon such utility easement by the Owner shall be constructed, maintained and used at Owner's risk and, as such, the Owner of each Tract subject to said utility easements shall be responsible for (i) any and all repairs to the concrete drives, fences and similar improvements which cross or are located upon such utility easements and (ii) repairing any damage to said improvements caused by any public utility in the course of installing, operating, maintaining, repairing, or removing its facilities located within the utility easements.

ARTICLE III USE RESTRICTIONS Section 3.01 Single Family Residential Construction. No building shall be erected, altered, placed or permitted to remain on any Tract other than one Dwelling unit per each Tract to be used for residential purposes. Detached .Garages and work shops may be constructed on the property at the same time as the main Dwelling is being built, or any time thereafter, so long as they are of good construction, kept in good repair, and are not used for residential purposes. All dwellings, detached Garages and work shops must be approved in writing by the Architectural Control Committee prior to being erected, altered or placed on the property. The term "Dwelling" does not include single or double wide manufactured homes, and said manufactured homes are not permitted within the Subdivision. All dwellings must have at least 2000 square feet of living area, excluding porches, for a single story Dwelling, and 2400 square feet for a two story Dwelling, measured from the exterior walls, under one roof. The exterior walls of both the first and second stories of any 07111195 ClibPDF - www.fastio.com Dwelling shall consist of not less than 70% masonry (including stucco) or masonry veneer construction, unless the Committee shall have granted its prior written consent to a lesser percentage which shall be in such amount as the Committee shall in it's sole discretion determine. Such masonry material shall be of quality and appearance equal or superior to standard clay, slate common brick, color pigment portland cement brick, stucco or quarried stone.

Exterior material of any Dwelling, other than the required masonry portion, shall be a material which, in the sole opinion of the Committee, compliments the architecture of the Dwelling. The roof of any Dwelling shall be of either wood shingle, composition shingle, copper, tile, slate or standing seam metal.

The use of sheet metal or similar material on either the roof or exterior sides of any Dwelling other than as flashing, is hereby prohibited. Each Dwelling shall be constructed so as to have not less than a two (2) car, nor more than a five (5) car Garage, which Garage may be detached from the Dwelling. No individual water system shall be permitted in the subdivision. All Dwellings must be built with new construction material. Any building, structure or improvement commenced on any Tract shall be completed as to exterior finish and appearance within six (6) months after the laying of the foundation. As used herein, the term "residential purposes" shall be construed to prohibit mobile homes or trailers being placed on said Tracts, or the use of said Tracts for duplex houses, condominiums, townhouses, or apartment houses. All Tracts shall be for residential purposes and all homes must be site constructed. No driveways will be permitted to take access directly on Garza Lane.

Section 3.02 Composite Building Site. Any Owner of one or more adjoining Tracts (or portions thereof) may, with the prior written approval of the Committee, and Denton County, consolidate such Tracts or portions into one building site, with the privilege of placing or constructing improvements on such resulting site, in which case the side set-back lines shall be measured from the resulting side property lines rather than from the Tract lines as indicated to the Plat.

Section 3.03 Location of the Improvements upon the Tract. The minimum dimension of Tracts and yards, and the minimum Tract area per family shall be as follows: a. Tract area: The minimum Tract area in this District shall be one acre.

b. Front Yard: There shall be a Front Yard having a depth of 50 feet.

c. Side Yard: The minimum distance from the side building line to the Side Line shall be 20 feet.

d. Rear Yard: For Tracts with areas of 1 acre or more - 20 feet.

e. Width of Tract: The minim um width of Tract shall be determined as follows: (i) For Tracts with areas of 1 acre or more - 120 feet. (ii) The width of the Tract shall be measured at the Street line. Building setback line for dwellings located on cul-de-sacs and other odd shaped Tracts may be less than those set forth immediately above if approved by the committee. The side yard of corner Tracts having adjoining two (2) sides shall have a thirty (30) foot side yard.

f. Height Regulations: The maximum Height shall be two stories, but not to exceed thirty-five (35) feet per Dwelling. Height limit for any 07/11/95 ClibPDF - www.fastio.com Accessory Building shall be twenty-five (25) feet. Provided, however, as to any Tract, the Architectural Control Committee may waive or alter any such setback line if, in the exercise of the Architectural Control committee's sole discretion, such waiver, or alteration is necessary to permit effective utilization of a Tract. Any such waiver or alteration must be in writing and recorded in the Deed of Records of Denton County, Texas. All such dwellings must be served with water and electricity.

Section 3.04 Use of Temporary Structures. No structure of a temporary character, whether trailer, basement, tent, shack, Garage, barn or other outbuilding shall be maintained or used on any Tract at any time as a residence, either temporarily or permanently; provided, however, that Developer reserves the exclusive right to erect, place and maintain such facilities in or upon any property in the Subdivision that it owns as in its sole discretion may be necessary or convenient while selling Tracts, selling or constructing residences and constructing other improvements. within the Subdivision. Developer reserves the right to sell the lot that the temporary sales office is located on and lease said office back from the purchaser of the lot.

Section 3.05 Walls and Fences. Walls and fences, if any, must be approved prior to construction by the Committee. Fences are not permitted from the front line of the house to the public right-of-way, and no closer than the building setback line on the side street line. All fences must be maintained to the satisfaction of the Board of Directors. No barbed wire fences shall be located, erected or allowed to remain on any Tract. All fences fronting Garza Lane and Pinnacle Point shall be constructed in accordance with plans adopted by the Committee. A maximum Height of any fence shall not exceed six (6) feet. No fencing will be allowed along the Corps of Engineer Property lines. All mailboxes must be of masonry construction and approved by the Architectural Control Committee.

Section 3.06 Prohibition of Offensive Activities. No Activity, whether for profit or not, shall be conducted on any Tract which is not related to single family residential purposes, unless said activity meets the following criteria: a. No additional exterior sign of activity is present, b. It is the type of action that usually happens in a home, c. No additional traffic, that would not be there normally, is created, d. The entity or activity maintains an office or place of business elsewhere, and e. Nothing dangerous is present that shouldn't be there. This restriction is waived in regard to the customary sales activities required to sell homes in the Subdivision.

f. The discharge or use of firearms is expressly prohibited.

g. The Board shall have the sole and absolute discretion to determine what constitutes a nuisance or annoyance.

Section 3.07 Garbage and Trash Disposal. Garbage and trash or other debris accumulated in this Subdivision shall not be permitted to be dumped at any place upon adjoining land where a nuisance to any residence of this 07/11/95 ClibPDF - www.fastio.com Subdivision is or may be created. No Tract shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be allowed to accumulate, shall be kept in sanitary containers and shall be disposed of regularly. During the construction period, the builder is required to maintain a dumpster and a portable toilet on the building site. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.

Section 3.08 Junked Motor Vehicles Prohibited. No Tract shall be used as a depository for abandoned or junked motor vehicles. No junk of any kind or character, or dilapidated structure or building of any kind or character, shall be kept on any Tract.

Section 3.09 Signs. No signs, advertisement, billboards or advertising structure of any kind may be erected or maintained on any Tract without the consent in writing of the Architectural Control Committee and Properties of the Southwest, Inc., except one (1) professionally made sign not more than twenty-four inches by twenty-four inches, advertising an Owner's Tract for sale or rent, and one (1) professionally made sign, not more than twelve inches (12") wide by twenty-four inches (24") long identifying the Tract Owners name or names. However, no for sale by owner signs will be allowed until the development is completely sold out. No builder signs except Preferred Builders signs shall be allowed on any Tract. Preferred Builders shall be allowed to place one professionally made sign on his Tract, or on any Tract that he is contracted to construct a home, not more than thirty-six inches (36") by thirty-six (36") inches. A builder that is not a Preferred Builder that purchases a Tract for his or her own use, or for a speculative home, may place one sign, during the construction period only, not to exceed above mentioned size. All other signs are prohibited. Developer or any member of the Committee shall have the right to remove any such sign, advertisement or billboard or structure which is placed on any Tract in violation of these restrictions, and in doing so, shall not be liable, and are hereby expressly relieved from, any liability for trespass or other tort in connection therewith, or arising from such removal.

Section 3.10 Animal Husbandry. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Tract; provided however, that dogs, cats, or other common household pets may be kept on a Tract. Animals are not to be raised, bred or kept for commercial purposes or for food. Pets must be kept in a kennel, dog run, or fenced in area that confines said dog(s) to that area. Dogs will not be permitted to run loose in the subdivision and must be vaccinated for rabies according to State law once a year and registered with Denton County, Texas once a year. In no evnt shall more than four (4) dogs and/or cats and one litter thereof be permitted on any lot.

Section 3.11 Mineral Development. No commercial oil drilling, oil development operations, oil refining, quarrying or mining operation of any kind shall be permitted upon or in any Tract. No derrick or other structures designed for the use of boring for oil or natural gas shall be erected, maintained or permitted upon any Tract.

Section 3.12 Drainage. Natural established drainage patterns of Streets, Tracts or roadway ditches will not be impaired by any person or persons.

Driveway culverts must be installed and will be of sufficient size to afford proper drainage of ditches without backing water up into ditch or diverting flow. Drainage culvert installation is subject to the inspection and approval of Denton County, and must be installed prior to any construction on Tract.

07111195 ClibPDF - www.fastio.com All driveways must be constructed of reinforced concrete in accordance with standard detail adopted by the Architectural Control Committee.

Section 3.13 Re-subdividing. No Tract shall be re-subdivided and only one Dwelling and one Accessory Building may be located upon a Tract.

Section 3.14 Leasing. Except in conjunction with the leasing or renting of the Dwelling on the Tract to the same party, no Accessory Building shall be leased or rented.

Section 3.15 Uses and maintenance of the Tract and All Improvements Located Thereon. Without limiting the foregoing, the following restrictions shall apply to all Tracts: a. No boat, jet-ski, aircraft, travel trailer, motor home, mobile home, camper body or similar vehicle or equipment may be parked for storage in the Front Yard of any Dwelling or parked on any Street in the Subdivision, nor shall any such vehicle or equipment be parked for storage in the Side Yard or Rear Yard of any Dwelling unless completely concealed from public view. All boats so parked or stored in the Side Yard or Rear Yard must at all times also be stored on a trailer.

No such vehicle or equipment shall be used as a residence temporarily or permanently. This restriction shall not apply to any vehicle, machinery or equipment temporarily parked and in use for the construction, maintenance or repair of a Dwelling in the immediate vicinity.

b. Trucks with tonnage in excess of one and one-half tons shall not be permitted to park overnight within the Subdivision except those used by a builder during the construction of improvements. Any vehicle with painted advertisements or business placards on its body shall not be permitted to park overnight on any Street within the Subdivision except for those vehicles used by a builder during the construction of improvements.

c. No vehicle of any size which transports inflammatory or explosive cargo may be kept in the Subdivision at any time.

d. No vehicles or similar equipment shall be parked or stored in an area visible from any Street except passenger automobiles, passenger vans, motorcycles, pick-up trucks and pick-up trucks with attached bed campers that are in operating condition and have current license Plates and inspection stickers and are in daily use as motor vehicles on the streets and highways of the State of Texas.

Section 3.16 Antennas. Antennas of any kind shall not exceed five feet above the roof of the Dwelling or Accessory Building. One satellite disc or other instrument or structure may be placed in the rear yard so long as it is completely screened from view from any Street and from the lake. However, it shall be no closer than thirty (30) foot from the corps property line.

Section 3.17 Duty of Maintenance. Owners and occupants (including lessees) of any Tract shall jointly and severally have the duty and responsibility, at their sole cost and expense, to keep that Tract so owned or occupied, including improvements and grounds in connection therewith, in a well-maintained, safe, clean and attractive condition at all times. Such maintenance includes, but is not limited to the following: 07111195 ClibPDF - www.fastio.com a. Prompt removal of all litter, trash, refuse and wastes b. Lawn mowing c. Tree and shrub pruning d. Watering e. Keeping exterior lighting and mechanical facilities in working order f. Keeping lawn and garden areas alive, free of weeds and attractive g. Keeping driveways in good repair h. Complying with all government health and policy requirements i. Repair of exterior damage to improvements Section 3.18 Enforcement. If, in the opinion of the Board of Directors or the Committee any such Owner or occupant (including lessees) has failed to comply with any of the foregoing restrictions or has failed in any of the foregoing duties or responsibilities, then the Committee or the Association shall deliver to such Owner or occupant (including lessees) written notice of such failure and such Owner or occupant (including lessees) must within ten (10) days from and after delivery of such notice, comply with the restrictions and/or perform the care and maintenance required. Should any such Owner or occupant (including lessees) fail to fulfill this duty and responsibility within such period, then the Committee, or the Association, or their designated agents are hereby authorized to enter onto the premises and correct such violations and perform such care and maintenance as necessary without any liability for damages for wrongful entry, trespass or otherwise to any person. The Owners and occupants (including lessees) of any Tract on which such work is performed shall promptly reimburse the Committee or the Association for such cost. If such Owner or occupant (including lessees) shall fail to reimburse the Committee or the Association within 30 Days from and after delivery by the Association of an invoice setting forth the costs incurred by the association for such work, then said indebtedness shall be a debt of the Owner and occupant (including lessees) jointly and severally.

ARTICLE IV ARCHITECTURAL CONTROL COMMITTEE Section 4.01 Basic Control.

a. No building or other improvements of any character shall be erected or placed, or the erection or placing thereof commenced or changes made in the design or exterior appearance thereof (excluding, without limitation, painting, staining or siding), or any addition or exterior alteration made thereto after original construction, or demolition or destruction by voluntary action made thereto after original construction, on any Tract in the Subdivision until the obtaining of the necessary approval (as hereinafter provided) from the Committee, and Denton County, of the construction plans and specifications for the construction or alteration of such improvements or demolition or destruction of existing improvements by voluntary action.

07/11/95 ClibPDF - www.fastio.com b. Each application made to the Committee, or to the Developer under Section 4.02. below shall be accompanied by three sets of plans and specifications for all proposed construction (initial or alteration) to be done on such Tract, including plot plans showing location on the Tract. Upon receipt, the Architectural Control Committee shall forward one set of the plans and specifications to the Developer.

Section 4.02 Architectural Control Committee.

a. The authority to grant or withhold architectural control approval as referred to above is initially vested in the Developer; provided, however, the authority of the Developer shall cease and terminate upon the election of the Architectural Control Committee of the Association (sometimes herein referred to as the "Committee"), in which event such authority shall be vested in and exercised by the Committee (as provided in (b) below), hereinafter referred to, except as to plans and specifications and plot plans theretofore submitted to the Developer which shall continue to exercise such authority over all such plans, specifications and plot plans. The term "Committee", as used in this Declaration, shall mean or refer to the Developer until the election of the Architectural Control Committee as provided below.

b. At such time as seventy-five percent (75%) of all of the Tracts in all Sections of the Subdivision are conveyed by Developer (from time to time hereafter referred to as the "Control Transfer Date") the De'!eloper shall cause an instrument transferring control to the Association to be placed of record in the Real Property Records of Denton County, Texas (which instrument shall include the Control Transfer Date).

Thereupon, the Association shall elect a committee of three (3) members to be known as the Sunrise Bay at Lake Lewisville Architectural Control Committee. From and after the Control Transfer Date, each member of the Committee must be an Owner of property in some Section of Sunrise Bay at Lake Lewisville Subdivision.

Additionally, the Developer shall have the right to discontinue the exercise of architectural control privileges and arrange for the transfer to the Association at any time prior to the Control Transfer Date by filing a statement and instrument to such effect in the Real Property Records of Denton County, Texas.

Section 4.03 Effect of Inaction. Approval or disapproval as to architectural control matters as' set forth in the preceding provisions of this Declaration shall be in writing. In the event that the authority exercising the prerogative of approval or disapproval (whether the Developer or the Committee) fails to approve or disapprove in writing any plans and specifications and plot plans received by it in compliance with the preceding provisions within thirty (30) days following such submissions, such plans and specifications and plot plan shall be deemed approved and the construction of any such building and other improvements may be commenced and proceeded with in compliance with all such plans and specifications and plot plan and all of the other terms and provisions hereof.

Section 4.04 Effect of Approval. The granting of the aforesaid approval (whether in writing or by lapse of time) shall constitute only an expression of opinion by the Committee that the terms and provisions hereof shall be complied with if the building and/or other improvements are erected in accordance with said plans and specifications and plot plan; and such approval shall not constitute any nature of waiver or estoppel either as to the persons expressing such approval or any other person in the event that such 01111195 ClibPDF - www.fastio.com building and/or improvements are not constructed in accordance with such plans and specifications and plot plan, but, nevertheless, fail to comply with the provisions hereof. Further, no person exercising any prerogative of approval of disapproval shall incur any liability by reasons of the good faith exercise thereof.

Section 4.05 Variance. The Developer and the Committee, and Denton County, may authorize variances from compliance with any of the provisions of this Declaration or minimum acceptable construction standards or regulations and requirements as promulgated from time to time by the Developer and the committee when circumstances such as topography, natural obstructions, Tract configuration, Tract size, hardship, aesthetic or environmental considerations may require a variance. The Developer, the Committee, and Denton County, reserve the right to grant variances as to building set-back lines, minimum square footage of the residence and other items. Such variances must be evidenced in writing and shall become effective when signed by the Developer or by at least a majority of the members of the Committee. If any such variances are granted, no violation of the provisions of this Declaration shall be deemed to have occurred with respect to the matter for which the variance is granted; provided, however, that the granting of a variance shall not operate to waive any of the provisions of this Declaration for any purpose except as to the particular property and particular provisions hereof covered by the variance, nor shall the granting of any variance by the Developer or the Committee, effect in any way the Owner's obligation to comply with all governmental laws and Denton County regulations affecting the property concerned and the Plat.

ARTICLEV SUNRISE BAY AT LAKE LEWISVILLE PROPERTY OWNERS ASSOCIATION Section 5.01 Membership. Every person or entity who is a record Owner of any Tract which is subject to the Maintenance charge (or could be following the withdrawal of an exemption therefrom) and other assessments provided herein, including contract sellers, shall be a "Member" of the Association.

The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation or those having only an interest in the mineral estate. Owners shall have one membership for each Tract owned by such Member. Memberships shall be appurtenant to and may not be separated from the ownership of the Tracts.

Regardless of the number of persons who may own a Tract (such as husband and wife, or joint tenants, etc.) there shall be but one membership for each Tract. Additionally, the Directors of the Association must be Members of the Association (as more particularly described in the By-laws). Ownership of the Tracts shall be the sole qualification for membership. The voting rights of the Members are set forth in the Bylaws of the Association.

Section 5.02 Non-Profit Corporation. Sunrise Bay at Lake Lewisville Property Owners Association, Inc., a non-profit corporation, has been (or will be) organized and it shall be governed by the Articles of Incorporation and Bylaws of said Association; and all duties, obligations, benefits, liens and rights hereunder in favor of the Association shall vest in said corporation.

Section 5.03 Bylaws. The Association has adopted or may adopt whatever Bylaws it may choose to govern the organization or operation of the Subdivision and the use and enjoyment of the Tracts and Common Areas, 07/11/95 ClibPDF - www.fastio.com . ' provided that the same are not in conflict with the terms and provisions hereof.

Section 5.04 Owner's Right of Enjoyment. Every Owner shall have a beneficial interest of use and enjoyment in and to the Common Areas and such right shall be appurtenant to and shall pass with the title to every assessed Tract, subject to the following provisions: a. The right of the Association, with respect to the Common Areas, to limit the number of guests of Owners; b. The right of the Association to charge reasonable admission and other fees for the use of any facility situated upon the Common Areas; c. The right of the Association, in accordance with its Articles and Bylaws (and until seventy-five percent (75%) of all Tracts in the Subdivision are sold, subject to the prior written approval of the Developer), to (i) borrow money for the purpose of improving and maintaining the Common Areas and facilities (including borrowing from the Developer or any entity affiliated with the Developer) and (ii) mortgage said property, however, the rights of such mortgagee of said property shall be subordinate to the rights of the Owners hereunder; d. The right of the Association to suspend the Member's voting rights and the Member's and "Related Users" (as hereinafter defined) right to use any recreational facilities within the Common Areas during any period in which the Maintenance Charge or any assessment against his Tract remains unpaid; e. The right of the Association to suspend the Member's voting rights and the Member's and Related Users' right to use any recreational facilities within the Common Area, after notice and hearing by the Board of Directors, for the infraction or violation by such Member or Related Users of this Declaration or the "Rules and Regulations", as hereinafter defined, which suspension shall continue for the duration of such infraction or violation, plus a period not to exceed sixty (60) days following the cessation or curing of such infraction or violation.

ARTICLE VI MAINTENANCE FUND Section 6.01 Maintenance Fund Obligation. Each Owner of a Tract by acceptance of a deed therefore, whether or not it shall be expressed in any such deed or other conveyance, is deemed to covenant and agrees to pay to the Association a monthly maintenance charge (the "Maintenance Charge"), and any other assessments or charges hereby levied. The Maintenance Charge and any other assessments or charges hereby levied, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the Tracts and shall be a continuing lien upon the property against which each such Maintenance Charge and other charges and assessments are made.

Section 6.02 Basis of the Maintenance Charge.

a. The Maintenance Charge referred to shall be used to create a fund to be known as the "Maintenance Fund", which shall be used as 07/11/95 ClibPDF - www.fastio.com herein provided; and each such Maintenance Charge (except as otherwise hereinafter provided) shall be paid by the Owner of each Tract to the Association. The Maintenance Charge for the year of purchase shall be pro-rated at closing and then shall be paid annually, in advance, on or before the first day of the first month of each calendar year. Provided, however, that if an Owner owns more than one Tract in the Subdivision, such Owner shall pay only twice the assessment of one (1) Tract no matter how many Tracts are owned. In the event an Owner obtains consent from the Committee for a Composite Building site pursuant to Section 3.02 hereof, such Composite Building Site shall, for this purpose, be considered one Tract beginning upon the completion of the improvements thereon.

b. Any Maintenance Charge not paid within thirty (30) days after the due date shall bear interest from the due date at the lesser of (i) the rate of eighteen percent (18%) per annum or (ii) the maximum rate permitted by law. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the hereinafter described lien against the Owner's Tract. No Owner may waive or otherwise escape liability for the Maintenance Charge by non- use of any Common Areas or recreational facilities available for use by Owners of the Subdivision or by the abandonment of his Tract.

c. The exact amount of the Maintenance Charge applicable to each Tract will be determined by the Developer. All other matters relating to the Maintenance Charge and the collection, expenditures and administration of the Maintenance Fund shall be determined by the Developer or the Board of Directors of the Association, subject to contrary provisions hereof.

d. The Association, from and after the Control Transfer Date, shall have the further right at any time, with a majority vote of all Association members, to adjust or alter said Maintenance Charge from year to year as it deems proper to meet the reasonable operation expenses and reserve requirements of the Association in order for the Association to carry out its duties hereunder.

Section 6.03 Creation of Lien and Personal Obligation. In order to secure the payment of the Maintenance Charge, and other charges and assessments hereby levied, each Owner of a Tract in the Subdivision, by such party's acceptance of a deed thereto, hereby grants to the Association a contractual lien on such Tract which may be foreclosed on by non- judicial foreclosure and pursuant to the provisions of Section 51.002 of the Texas Property Code (and any successor statute); and each such Owner hereby expressly grants the Association a power of sale in connection therewith. The Association shall, whenever it proceeds with non-judicial foreclosure pursuant to the provisions of said Section 51.002 of the Texas Property Code and said power of sale, designate in writing a Trustee to post or cause to be posted all required notices of such foreclosure sale and to conduct such foreclosure sale. The Trustee may be changed at any time and from time to time by the Association by means of written instrument executed by the President or any Vice- President of the Association and filed for record in the Real Property Records of Denton County, Texas. In the event that the Association has determined to non-judicially foreclose the lien provided herein pursuant to the provisions of said Section 51.002 of the Texas Property Code and to exercise the power of sale hereby granted, the Association, or the Association's agent, shall give notice of foreclosure sale as provided by the Texas Property Code as then amended. Upon request by the Association, Trustee shall give any further 07/11/95 ClibPDF - www.fastio.com notice of foreclosure sale as may be required by the Texas Property Code as then amended, and shall convey such Tract to the highest bidder for cash by General Warranty Deed. Out of the proceeds of such sale, if any, there shall first be paid all expenses incurred by the Association in connection with such default, including reasonable attorney's fees and a reasonable trustee's fee; second, from such proceeds there shall be paid to the Association an amount equal to the amount in default; and third, the remaining balance shall be paid to such Owner. Following any such foreclosure, each occupant of any such Tract foreclosed on and each occupant of any improvements thereon shall be deemed to be a tenant at sufferance and may be removed from possession by any and all lawful means, including a judgment for possession in an action of forcible detainer and the issuance of a writ of restitution thereunder.

In the event of non-payment by any Owner of any Maintenance Charge or other charge or assessment levied hereunder, the Association may, in addition to foreclosing the lien hereby retained, and exercising the remedies provided herein, upon ten (10) days prior written notice thereof to such nonpaying Owner, exercise all other rights and remedies available at law or in equity.

It is the intent of the prov1s10ns of this Section 6.03 to comply with the provisions of said Section 51.002 of the Texas Property Code relating to non- judicial sales by power of sale and, in the event of the amendment of said Section 51.002 of the Texas Property code hereafter, the President or any Vice-President of the Association, acting without joinder of any other Owner or mortgagee or other person may, by amendment to this Declaration filed in the Real Property Records of Denton County, Texas, amend the provisions hereof so as to comply with said amendments to Section 51.002 of the Texas Property Code. Section 6.04 Notice of Lien. In addition to the right of the Association to enforce the Maintenance Charge or other charge or assessment levied hereunder, the Association may file a claim or lien against the Tract of the delinquent Owner by recording a notice ("Notice of Lien") setting forth: a. The amount of the claim of delinquency, b. The interest thereon, c. The costs of collection which have accrued thereon, d. The legal description and Street address of the Tract against which the lien is claimed and e. The name of the Owner thereof.

Such Notice of Lien shall be signed and acknowledged by an officer of the Association or other duly authorized agent of the Association. The lien shall continue until the amounts secured thereby and all subsequently accruing amounts are fully paid or otherwise satisfied.

When all amounts claimed under the Notice of Lien and all other costs and assessments which may have accrued subsequent to the filing of the Notice of Lien have been fully paid or satisfied, the Association shall execute and record a notice releasing the lien upon payment by the Owner of a reasonable fee as fixed by the Board of Directors to cover the preparation and recordation of such release of lien instrument.

07/11/95 ClibPDF - www.fastio.com Section 6.05 Liens Subordinate to Mortgages. The lien described in this Article VI shall be deemed subordinate to a first lien or other liens of any bank, insurance company, savings and loan Association, university, pension and profit sharing trusts or plans, or any other third party lender, including Developer, which may have heretofore or may hereafter lend money in good faith for the purchase or improvement of any Tract and any renewal, extension, rearrangement or refinancing thereof. Each such mortgagee of a mortgage encumbering a Tract who obtains title to such Tract pursuant to the remedies provided in the deed of trust or mortgage or by judicial foreclosure shall take title to the Tract free and clear of any claims for unpaid Maintenance Charges or other charges of assessments against such Tract which accrued prior to the time such holder acquired title to such Tract. No such sale or transfer shall relieve such holder from liability for any Maintenance Charge or other charges or assessments thereafter becoming due or from the lien thereof. Any other sale or transfer of a Tract shall not affect the Association's lien for Maintenance Charges or other charges or assessments. The Association shall make a good faith effort to give each such mortgagee sixty (60) days advance written notice of the Association's proposed foreclosure of the lien described in Section 6.01 hereof, which notice shall be sent to the nearest office of such mortgagee by prepaid United States registered or Certified mail, return receipt requested, and shall contain a statement of delinquent Maintenance Charges or other charges or assessments upon which the proposed action is based; provided, however, that the Association's failure to give such notice shall not impair or invalidate any foreclosure conducted by the Association pursuant to the provisions of this Article VI.

Section 6.06 Purpose of the Maintenance Charge. The Maintenance Charge levied by the Developer or the Association shall be used exclusively for the purpose of promoting the recreation, health, safety, and welfare of the Owners of the Subdivision and other portions of the Annexable Area which hereafter may become subject to the jurisdiction of the Association. In particular, the Maintenance Charge shall be used for any improvement or services in furtherance of these purposes and the performance of the Association's duties described in Article VIII, including the maintenance of any Common Areas, any Drainage Easements and the establishment and maintenance of a reserve fund for maintenance of any Common Areas. The Maintenance Fund may be expended by the Developer or the Association for any purposes which, in the judgment of the Association, will tend to maintain the property values in the Subdivision, including, but not limited to, providing funds for the actual cost to the Association of all taxes, insurance, repairs, energy charges, replacement and maintenance of the Common Area as may from time to time be authorized by the Association. Except for the Association's use of the Maintenance Charge to perform its duties described in this Declaration and in the Bylaws, the use of the Maintenance Charge for any of these purposes is permissive and not mandatory. It is understood that the judgment of the Association as to the expenditure of said funds shall be final and conclusive so long as such judgment is exercised in good faith.

Section 6.07 Exempt Property. The following property subject to this Declaration shall be exempt from the Maintenance Charge and all other charges and assessments created herein: a. All properties dedicated to and accepted by a local public authority; b. The Common Area and; 07/11/95 ClibPDF - www.fastio.com c. All properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of Texas; however, no land or improvements devoted to Dwelling use shall be exempt from said Maintenance Charge.

Section 6.08 Handling of Maintenance Charges. The collection and management of the Maintenance Charge or other charge or assessment levied hereunder, shall be performed by the Developer until the Control Transfer Date, at which time the Developer shall deliver to the Association all funds on hand together with all books and records of receipt and disbursements. The Developer and, upon transfer, the Association, shall maintain separate special accounts for these funds, and Owners shall be provided, at least annually, information on the Maintenance Fund.

ARTICLE VII DEVELOPER'S RIGHTS AND RESERVATIONS Section 7.01 Period of Developer's Rights and Reservations. Developer shall have, retain and reserve certain rights as hereinafter set forth with respect to the Association and the Common Area from the date hereof, until the earlier to occur of a. The Control Transfer date or b. Developer's written notice to the Association of Developer's termination of the rights described in Article VII hereof.

The rights and reservations hereinafter set forth shall be deemed excepted and reserved in each conveyance of a Tract by Developer to an Owner whether or not specifically stated therein and in each deed or other instrument by which any property within the Common Area is conveyed by Developer. The rights, reservations and easements hereafter set forth shall be prior and superior to any other provisions of this Declaration and may not, without Developer's prior written consent, be modified, amended, rescinded or affected by any amendment of this Declaration. Developer's consent to any one such amendment shall not be construed as a consent to any other or subsequent amendment.

Section 7.02 Right to Construct Additional Improvements in Common Area.

Developer shall have and hereby reserves the right (without the consent of any other Owner), but shall not be obligated, to construct additional improvements within the Common Area at any time and from time to time in accordance with this Declaration for the improvement and enhancement thereof and for the benefit of the Association and Owners, so long as such construction does not directly result in the increase of such Maintenance Charge. Developer shall, upon the Control Transfer Date, convey or transfer such improvements to the Association and the Association shall be obligated to accept title to, care for and maintain the same as elsewhere provided in this Declaration.

Section 7.03 Developer's Rights to Use Common Areas in Promotion and Marketing of the Property. Developer shall have and hereby reserves the right to reasonable use of the Common Area and of services offered by the Association in connection with the promotion and marketing of land within the boundaries of the Subdivision. Without limiting the generality of the foregoing, Developer may erect and maintain on any part of the Common Area such signs, temporary buildings and other structures as Developer may 07111195 ClibPDF - www.fastio.com reasonably deem necessary or proper in connection with the promotion, development and marketing of land within the Property; may use vehicles and equipment within the Common Area for promotional purposes; and may permit prospective purchasers of property within the boundaries of the Property, who are not Owners or Members of the Association, to use the Common Area at reasonable times and in reasonable numbers; and may refer to the services offered by the Association in connection with the development, promotion and marketing of the Property.

Section 7.04 Developer's Rights to Grant and Create Easements. Developer shall have and hereby reserves the right, without the consent of any other Owner or the Association, to grant or create temporary or permanent easements, for access, utilities, pipeline easement, cable television systems, communication and security systems, drainage, water and other purposes incidental to development, sale, operation and maintenance of the Subdivision, located in, on, under, over and across; a. The Tracts or other property owned by Developer, b. The Common Area, and c. Existing utility easements Developer also reserves the right, without the consent of any other Owner or the Association, to grant or create temporary or permanent easements for access over and across the streets and roads within the Subdivision.

Section 7.05 Developer's Rights to Convey Additional Common Area to the Association. Developer shall have and hereby reserves the right, but shall not be obligated to, convey additional real property and improvements thereon, if any, to the Association as Common Area at any time and from time to time in accordance with this Declaration, without the consent of any other Owner or the Association.

Section 7.06 Annexation of Annexable Area. Additional residential property and common areas outside of the Subdivision including, without limitation, the Annexable Area, may, at any time and from time to time, be annexed by the Developer into the real property which becomes subject to the jurisdiction and benefit of the Association, without the consent of the Owners or any other party; provided, however, such additional residential property may be made subject to the jurisdiction of the Association, shall be entitled to the use and benefit of all Common Areas that are or may become subject to the jurisdiction of the Association, provided that such annexed property is impressed with and subject to at least the Maintenance Charge imposed hereby.

ARTICLE VIII DUTIES AND POWERS OF THE PROPERTY OWNERS ASSOCIATION Section 8.01 General Duties and Powers of the Association. The Association has been formed to further the common interest of the Members. The Association, acting through the Board of Directors or though persons to whom the Board of Directors has delegated such powers (and subject to the provisions of the Bylaws), shall have the duties and powers hereinafter set forth and, in general, the power to do anything that may be necessary or 07/11195 ClibPDF - www.fastio.com desirable to further the common interest of the members, to maintain, improve and enhance the Common Areas and to improve and enhance the attractiveness, desirability and safety of the Subdivision. The Association shall have the authority to act as the agent to enter into any and all contracts on behalf of the Members in order to carry out the duties, powers and obligations of the Association as set forth in this Declaration.

Section 8.02 Duty to Accept the Property and Facilities Transferred by Developer. The Association shall accept title to any property, including any improvements thereon and personal property transferred to the Association by Developer, and equipment related thereto, together with the responsibility to perform any and all administrative functions and recreation functions associated therewith (collectively herein referred to as "Functions"), provided that such property and Functions are not inconsistent with the terms of this Declaration. Property interests transferred to the Association by Developer may include fee simple title, easements, leasehold interests and licenses to use such property. Any property or interest in property transferred to the Association by Developer shall, except to the extend otherwise specifically approved by resolution of the Board of Directors, be transferred to the Association free and clear of all liens and mortgages (other than the lien for property taxes and assessments not then due and payable), but shall be subject to the terms of this Declaration, the terms of any declaration of covenants, conditions and restrictions annexing such property to the Common Area, and all easements, covenants, conditions, restrictions and equitable servitude or other encumbrances which do not materially affect the Owners authorized to use such property. Except as otherwise specifically approved by resolution of the Board of Directors, no property or interest in property transferred t.o the Association by the Developer shall impose upon the Association any obligation to make monetary payments to Developer or any affiliate of Developer including, but not limited to, any purchase price, rent, charge or fee. The property or interest in property transferred to the Association by Developer shall not impose any unreasonable or special burdens of ownership of property, including the management maintenance, replacement and operation thereof.

Section 8.03 Duty to Manage and Care for the Common Area. The Association shall manage, operate, care for, maintain and repair all Common Areas and keep the same in a safe, attractive and desirable condition for the use and enjoyment of the Members. The duty to operate, manage and maintain the Common Areas shall include, but not be limited to the following: establishment, operation and maintenance of a security system, if any, for the Subdivision; management, maintenance, repair and upkeep of the Subdivision entrances and other Common Areas.

Section 8.04 Other Insurance Bonds. The Association shall obtain such insurance as may be required by law, including workmen's compensation insurance, and shall have the power to obtain such other insurance and such fidelity, indemnity or other bonds as the Association shall deem necessary or desirable.

Section 8.05 Duty to Prepare Budgets. The Association shall prepare budgets for the Association, which budgets shall include a reserve fund for the maintenance of all Common Areas.

Section 8.06 Duty to Levy and Collect the Maintenance Charge. The Association shall levy, collect and enforce the Maintenance Charge and other charges and assessments as elsewhere provided in this Declaration.

07/11/95 ClibPDF - www.fastio.com Section 8.07 Duty to Provide Annual Review. The Association shall provide for an annual unaudited independent review of the accounts of the Association. Copies of the review shall be made available to any Member who requests a copy of the same upon payment by such Member of the reasonable cost of copying the same.

Section 8.08 Duties with Respect to Architectural Approvals. The Association shall perform functions to assist the Committee as elsewhere provided in Article IV of this Declaration.

Section 8.09 Power to Acquire Property and Construct Improvements. The Association may acquire property or an interest in property (including leases) for the common benefit of Owners including improvements and personal property. The Association may construct improvements on the Common Areas and may demolish existing improvements.

Section 8.10 Power to Adopt Rules and Regulations. The Association may adopt, amend, repeal and enforce rules and regulations ("Rules and Regulations"), fines, levies and enforcement provisions as may be deemed necessary or desirable with respect to the interpretation and implementation of this Declaration, the operation of the Association, the use and enjoyment of the Common Areas, and the use of any other property, facilities or improvements owned or operated by the Association.

Section 8.11 Power to Enforce Restrictions and Rules and Regulations. The Association (and any Owner with respect only to the remedies described in (b) or (c), below) shall have the power to enforce the provisions of this Declaration and the Rules and Regulations and shall take such action as the Board of Directors deems necessary or desirable to cause such compliance by each Member. Without limiting the generality of the foregoing, the Association shall have the power to enforce the provisions of this Declaration and of Rules and Regulations of the Association by any one or more of the following means: a. By entry upon any property within the Subdivision after notice and hearing (unless a bona fide emergency exists in which event this right of entry may be exercised without notice, written or oral) to the Owner in such manner as to avoid any unreasonable or unnecessary interference with the lawful possession, use or enjoyment of the improvements situated thereon by the Owner or any other person, without liability by the Association to the Owner thereof, for the purpose of enforcement of this Declaration or the Rules and Regulations; b. By commencing and maintaining actions and suits to restrain and enjoin any breach or threatened breach of the provisions of this Declaration or the Rules and Regulations; c. By exclusion, after notice and hearing, of any Member from use of any recreational facilities within the Common Areas during and for up to sixty (60) days following any breach of this Declaration or such Rules and Regulations by such Member, unless the breach is a continuing breach in which case exclusion shall continue for so long as such breach continues; d. By suspension, after notice and hearing, of the voting rights of a Member during and for up to sixty (60) days following any breach by such Member of a provision of this Declaration or such Rules and 07/11/95 ClibPDF - www.fastio.com Regulations, unless the breach is a continuing breach in which case such suspension shall continue for so long as such breach continues; e. By levying and collecting, after notice and hearing, an assessment against any Member for breach of this Declaration or such Rules and Regulations by such Member which assessment reimbursed the Association for the costs incurred by the Association in connection with such breach; f. By levying and collecting, after notice and hearing, reasonable and uniformly applied fines and penalties, established in advance in the Rules and Regulations of the Association, from any Member for breach of this Declaration or such Rules and Regulations by such Member; and g. By taking action itself to cure or abate such violation and to charge the expenses thereof, if any, to such violating Members, plus attorney's fees incurred by the Association with respect to exercising such remedy.

Before the Board may invoke the remedies provided above, it shall give registered notice of such alleged violation to Owner, and shall afford the Owner a hearing. If, after the hearing, a violation is found to exist, the Board's right to proceed with the listed remedies shall become absolute. Each day a violation continues shall be deemed a separate violation. Failure of the Association, the Developer, or of any Owner to take any action upon any breach or default with respect to any of the foregoing violations shall not be deemed a waiver of their right to take enforcement action thereafter or upon a subsequent breach or default.

Section 8.12 Power to Grant Easements. In addition to any blanket easements described in this Declaration, the Association shall have the power to grant access, utility, drainage, water facility and other such easements in, on, over or under the Common Area.

ARTICLE IX GENERAL PROVISIONS Section 9.0l Term. The provisions hereof shall run with all property in Section One and shall be binding upon all Owners and all persons claiming under them for a period of forty (40) years from the date this Declaration is recorded, after which time said Declaration shall be automatically extended for successive periods of ten (10) years each, unless an instrument, signed by Owners (including Developer) who are entitled to cast not less than two- thirds (2/3rds) of the votes of all the Owners has been recorded agreeing to amend or change, in whole or in part, this Declaration.

Section 9.02 Amendments. This Declaration may be amended or changed, in whole or in part, at any time by the written agreement or signed ballot of Owners (including the Developer) entitled to cast not less than two-thirds (2/3rds) of the votes of all of the Owners. If the Declaration is amended by a written instrument signed by those Owners entitled to cast not less than two- thirds (2/3rds) of all of the votes of the Owners of the Association, such amendment must be approved by said Owners within three hundred sixty- five (365) days of the date the first Owner executes such amendment. The date an Owner's signature is acknowledged shall constitute prima facie evidence of the date of execution of said amendment by such Owner. Those Members (Owners, including the Developer) entitled to cast not less than two- 07/11/95 ClibPDF - www.fastio.com .• thirds (2/3rds) of all of the votes of the Members of the Association may also vote to amend this Declaration, in person, or by proxy, at a meeting of the Members (Owners, including the Declarant) duly called for such purpose, written notice of which shall be given to all Owners at least ten (10) days and not more than sixty (60) days in advance and shall set forth the purpose of such meeting. Notwithstanding any provision contained in the Bylaws to the contrary, a quorum, for purposes of such meeting, shall consist of Members (in person or by proxy) not less than seventy percent (70%) of all of the votes of the Members entitled to be cast. Any such amendment shall become effective when an instrument is filed for record in the Real Property Records of Denton County, Texas, accompanied by a certificate, signed by a majority of the Board of Directors, stating that the required number of Members (Owners, including the Developer) executed the instrument amending this Declaration or cast a written vote, in person or by proxy, in favor of said amendment at the meeting called for such purpose. Copies of the written ballots pertaining to such amendment shall be retained by the Association for a period of not less than three (3) years after the date of filing of the amendment or termination.

Section 9.03 Amendments by the Developer. The Developer shall have and reserves the right at any time and from time to time prior to the Control Transfer Date, without the joinder or consent of any Owner or other party, to amend this Declaration by an instrument in writing duly signed, acknowledged, and filed for record for the purpose of correcting any typographical or grammatical error, oversight, ambiguity or inconsistency appearing herein, provided that any such amendment shall be consistent with and in furtherance of the general plan and scheme of development as evidenced by this Declaration and shall not impair or adversely affect the vested property or other rights of any Owner or his mortgagee. Additionally, Developer shall have and reserves the right at any time and from time to time prior to the Control Transfer Date, without the joinder or consent of any Owner of other party, to amend this Declaration by an instrument in writing duly signed, acknowledged and filed for record for the purpose of permitting the Owners to enjoy the benefits from technological advances, such as security, communications or energy-related devices or equipment which did not exist or were not in common use in residential subdivisions at the time this Declaration was adopted. Likewise, the Developer shall have and reserves the right at any time and from time to time prior to the control Transfer Date, without the joinder or consent of any Owner or other party, to amend this Declaration by an instrument in writing duly signed, acknowledged and filed for record for the purpose of prohibiting the use of any device or apparatus developed and/or available for residential use following the date of this Declaration if the use of such device or apparatus will adversely affect the Association or will adversely affect the property values within the Subdivision.

Section 9.04 Severability. Each of the provisions of this Declaration shall be deemed independent and severable and the invalidity or un-enforceability or partial invalidity or partial un-enforceability of any provision or portion hereof shall not affect the validity or enforceability of any other provision.

Section 9.05 Liberal Interpretation. The provisions of this Declaration shall be liberally construed as a whole to effectuate the purpose of this Declaration.

Section 9.06 Successors and Assigns. The provisions hereof shall be binding upon and inure to the benefit of the Owners, the Developer and the Association, and their respective heirs, legal representatives, executors, administrators, successors and assigns.

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Section 9.07 Effect of Violations on Mortgages. No violation of the provisions herein contained, or any portion thereof, shall affect the lien of any mortgage or deed of trust presently or hereafter placed of record or otherwise affect the rights of the mortgagee under any such mortgage, the holder of any such lien or beneficiary of any such deed of trust; and any such mortgage, lien or deed of trust may, nevertheless, be enforced in accordance with its terms, subject, nevertheless, to the provisions herein contained.

Section 9.08 Terminology. All personal pronouns used in this Declaration and all exhibits attached hereto, whether used in the masculine, feminine or neuter gender, shall include all other genders; the singular shall include the plural and vice versa. Title of Articles and Sections are for convenience only and neither limit nor amplify the provisions of this Declaration itself. The terms "herein", "hereof" and similar terms, as used in this instrument, refer to the entire agreement and are not limited to referring only to the specific paragraph, section or article in which such terms appear. All references in this Declaration to Exhibits shall refer to the Exhibits attached hereto.

IN WITNESS WHEREOF, the l!l\dersigned, be" gt e Developer herejJJ., has hereunto set its hand of this !~ day of _ _!L.!..~,A----• 19$ ,,.. ~~TH MARCUS SMIT STATE OFT XAS " COUNTY OF DENTON "

REBECCA A. HEARN MY COMMISSION EXPIRES A!JHI 7, 1897

07111195 ClibPDF - www.fastio.com ClibPDF - www.fastio.com I

Filed for Record in: DENTON COUNTY TX HONORABLE TIM'HODGES/COUNTY CLERK On Aug 02 1995 At 9:04am Doc/Nu11 1 95-R0045795 Doc/Type • RST Recorij1ng: 47.00 Doc/Mgmt : 6.00 Receipt ti: 21161 Deputy - CASSY Exhibit 35

STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certi fy, in the performance of the functions of my office, that the attached instruments are full , trne and correct copies of Denton County Permit Number 2014-0 .123. The same appear of record in my office and said documents are the official records from the public office of the Public Works Department of Denton County, Texas, and are kept in said office.

I further certify that l am the Director of Public Works for Denton County, Texas, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office.

In witness whereof I have herelmto set my hand this I st day of Apri l, 2014.

Denton Co unty State of Texas

AJ>PLICA Tl ON fOR DEVELOPMENT PERMIT (ADP) (02/10) JAN 2 2 2014 Denton Couury Flood Damage Pre vention Ord inance Planning Department, Denton County, Texas PART A-APPLICANT INFOR~ RESIDENTIAL PERl\'llT Cl COMMERCIAL PERMIT FirstName: ~ ~ Last Name: , v~ ,. . Addrc~: "ZS~~ JC, . J.11~.-,(/ C ity. State. Zip: ~ 1 , 1,,$~ PART B - PROPERTY IN~ORMATTON OCAD·R' #; I q: d- l:,5 J Lnnd Area (Acres): Own er's First Nnmc: Owner's Address: Owner's Last Naml!: - - - - - - - - - - - - - - - Owner ·~ C'. ty, S tate , Zip: DI:" Prof>'Sc.iis~ort, of n S~dlvision: t -or- 0 P r operty is part of s n Abstrac t: Nam.: C• Sc.. lSs 'j @ ~ lt-t kc.vlsv; J f~ Number· ----------------~ Name : Phas<" - - - . - - - - - - - - - - - -- - - -- Dluc~: ==i::::~~~~~~~~~~~~~ OC AO Tra<L - - - - - -- - -- - - -- - Lot ~ Co,1:tty r rnct: - - - - - - -- - -- - -- - PA RT C- UEVELOPMEJYrlNFOUMA T ION 37 t o 517 11 n Mo., /~ r K v. ~ R, ,'r,.-J-- App lica11on is for: ~ H1Jusc U Manu factured House 0 Exc;ivationlrill r O cher (if "Other", describe the proposed improvement on tile line below) Bu/ltli11g Square footage:

/\cknowlcdgmenc. The fl ooll lnsurnnc<! Ra te Mups (FIRJ\n a:1d other llood dat:t uoell by Dcnlo11 Cu:.inl) ll1 cvn luating tl..iod haw ni< to prnposc::d dc:vdop:ncnts arc consi dered rca;onnble and accurJ!e for regnlu1ory purposes 1md ~re hust:d on Ilic best u vni l ~ bl e scic::ntilic and e11gi11cc:ii11g, Jata.

Or. rare occuoiL•rt> gr~atcr :1oods can and wi ll occur anti fl ood hei gh t~ may be inc1caseJ by mun-made or natunil causes. l.c:s um1~e ·)fa Developmenl l'c::nnit in :tct:ordancc w ith the !J~nto n C11umy Fiood Darnag;: Prcvcn:il)n UrJ1nitnci.' does not imply thut developmer:t outsith: the ttr::.1~ l•f ,µi;c.id fl cut! h:uard w11! b~ !rec frum tloodinJ nr llo11d damagc. ls5u.m.:t: uf a ~:m il shall not create li'.lbi lity on th~ part of Denton Count} or o1.ny o ffi ce~ or ~mp loyee u f Denton Lollnty in L1~ <!w nt !lomlt:ig or rlood damage d ue~ .iccur Co11structi1.>n nf i 111pro «~mcnt s shou!:l not be comm cnc~d a! tile ~\Jove locntion 1mt1 l the 0\\TIL!r/Applicnnl is in compliuncc with ull uppli cubl~ n:g1..l<1t!on> rt:i.wrcti ng 1:011dplain management, suhdivisior. pl ~!ll ing, au.I N<: ini,; '.br the govcmrncnl of Oeruon County. This pcrrni: docs n(J! wai ,·e tin) other r"stric:ions or r.:gulat.ou~ imFoseu pri vatdy ur tiy Jaw ,.\pplkant vcrifk ; that st:~r:i:: h3s sigm:d this apphi.::11i.i11 111 :he .:apud t; dc:sigra:.:d. i f any, amt further wesL~ that shc1'he bas rei!d th1> document. uni.I thtil the .>l;\le mcn t contained h~re in arnl a11y a1 1ach111~n ls ore tru~ . accurate unll fa crua l.

Viola tion ay r esult in Applicant being pros~cutcd unu~r Tu as P~na l Cod<! §37. l 0 (3) ( I) PART 0 - SIG.' IAT D THIS PERMIT EXPIRES 2 YEARS FROM APPROVAL DA TE Signature: -1~fL.:'.:....++.l.1.+-4-1~c:...__ _ _ _ _ __ PART E ~:~-N-T_O_N+-h~'-'-''-'---f-J~------;;d: ;l. Y 3 tf For Office U.1·e Onlr! -· Pcm1ic ~ u mber: ~ .:!GS l'nicl@@ Cash: _ _ _ __ yL'Jicck /I: _ _ In SFH/\::v?@ ,.,.,..... . ArHG~i.:J ~· ; Reviewer: Engmeering Review; (Y) (N) Zone: _ _,~.,,,,___ _ 'i.. NORC - c- ZZ.,'4- DENTON COUNlY ~ING DEPT. r OR~IC- ~--- INITIALS Fin.: Marshal Per.nit: II DATE "}- 24::1 ;f.

C uh en 1-'crrnit: # R. JS£ (f)~(;~~J~:I~ ~ ·?J: ~ .. ~·ti: Oe n to n Cou nty Plan ning Depa rtmen t \ "'~~'f (940) 349-2990: Main• t940) 349-2991 : Fax 1505 [ .McK inney St, Ste 175, O~ntnn, rx 76209-4887 "...!'...!~;!."?..! , (971 ) 43-l -8868: Metro • www_de11toncounty.co~ ~

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rRO PEHTY OESCRIJ'TION· Lot 84. [)loci: 1 uf Sunrise Bay at Lake Lcwmillc. an oddiboo lO lhc Town of Little Elm. ,-""""' -.--c-..,-_-,_ --.._ ---.J-,.-_- ,_, -.., -,~ -,- ... ,,-.- _, --,,-. -,.,,.-.-....J Denton County. Tu;is. =nlmi; to lhc Pl:u thcrmfnx:onlcd ..!.. rthur Surveying Co, I , ., P - . r lA:ml _.....,,..... ~;,.~~~~~1 ~·i:=~·~~-= in U hinet L. P~gc 224, Plat Record\ nf Ucntoo Cnunty. Texas.

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DENTON COUNTY NOTICE OF RESIDENTIAL CONSTRUCTION ;t.ot y o /¢-3 IN UNINCORPORATED AREA Perinit #

BUILDER/CONTRACTOR INFORMATJON.

COMPANY NAME: J !M AHJJ ~.f~ Gt~ ~.Cf:Jk /µ_£-.-

·~=1~~~1S TUNG ADDRESS (IF DIFFERENT):

PHONE ~ER: tfo!i.;>?f.. oo<ri EMAIL ADDRESS: IL,JjpA.~Jµ.~ ~ FAXNUMBER: M.1*b {'fy CONTACT PERSON: _~/!._1.---A ~irJ __M,n ........,,_,_~ -~NJ'I~·-------

PROJECT JNfi'ORMA TION i\YPE OF CONSTRUCDON: (CHECK ONE) [)c} Ncw Res idential Construction on Vacani:'i.ot [ ) Adililion lo an Existing Residential Uni!

LOCATION ADDRESS (INCLUDlNG ZIP CODE): OR LOT AND BLOCK # _ __.~~Y' ,____b =-~ -"=--' .1£00 zP,/vfJJJ 'Jt4I._, R""' ) r/a, #rt. WBDIY1;SION:5i;ft!&~. ~ /fl }~ J'.a.0~\t1Hi, j/.-J~=r h; .GL -I'<')~ 72C>tif{ ------.-----------~ SURVEY: TRACT: z PLANNED DATE TO BEGIN CONS'IRUCTION: ->t. .W .~-·~_;;J,~~....ttt--;k>-..-·-1.,,= 1 ._ ======================- RESIDENTIAL CODE TO BE USED IN CONSTRUCTION: (CHECK ONE) K lINTERNATIONAL RESIDENTIAL CODE - p ublished May I, 2008 [ 1 INTERNATIONAL RESIDENTIAL CODE - applicable in Denton

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SPINNAKER BAY POINT This product is for infonnatlona I purposes and rre y not have be en prepa red for or be surtable for legal, engineering, or surveymg N purposes. It does not represeni an on-11111-iJrou nd 6Urvey and repreaenlS only the approximate 0 115 230 460 relatr.e location of property boundaries ~~~~iiiiiiiiiiiiiiiiiil~~~~~~Feet Oenbn County does not guarantee the correclness or a a:uracy of any features on 1his product and http ://gis. den toncou nty.com assumes no responsibility m connection lherewfltl .,,.· .--:•.;_ ; : ., '" )'..•1 j, ·~ - : This product may be revise d a t any lime without nofificstion t> any user.

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SECOND F L OUR A I C I 3b.,, - LO f l 229 <.._;...,. ~ ~ I' ~ TOTAL LIVING 7 134 ·~ Q - - -.· ·-·..!-.. ~ ·I . __:o • G A RAGE:S ~"°' M z;::i C ARS 61B Zoo "'. 2 CARS 61B p:; S H OI"' 221 j~ ~ P OR CHES ,..-; p;:j """' El.J TRY - GATE 175 FNTRY - FRONT UUOR 123 '. PRIVATF B<! ~ if.: BACK St.JGLC v n LUME 4"/I ~ CIACK DB L VOLUME :>O:> oIT( 2~ Y: GARAGES/ PORCHES 2 6 13 ~ H ~ rf) T OTAL UNDER ROOF 9947 - - ...:1 z r=a - 0 ! :':) <.... C:> -:Y::I PLAN - < OVEllVlE'V -i ll EJ•:r St:A LE: :l~l::!" I' SECO'.\l> VLOOH A- 1

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DENTON COUNTY CULVERT/DRIVE PERMIT APPLICATION Landowner: /J-0~ (b_,rz~ o~ Phone: Mailing Address: 7 3 ?. ~ ~ CiS ~ ...... ~ 3)9 / 95l Jx Street Cit y State Zip Contact/Installer Name: _ _ _ _ _ _ _ _ __ Phone: Road Name: _ _ _ _ _ _ _ _ _ __ R# l g;J, l.o 59' Location Description:_ _ _ _ _ __ _ _ __ _ _ _ _ _ _ _ _ _ __

Will a septic system be installed on the property? _lo'.;_ ) o_ _ __ Is there an existing septic system? 'jc ( (This will be verified by the inspector.)

For Official Use Only ..., __.-- Perm it Fee: $15.00 paid by: Check# () 4 3 ':! or Cash L..!:r Receipt# 37 oo I Development Permit# _ _ _ _ _ _ _ _ _ _ _ _ _ RB West RBEast.;L_

It is understood that this is not a permit and is only an application for a permit once the following requirements and conditions have been met. This application expires after 60 days.

A COPY OF THIS DOCUMENT MUST BE POSTED ON SITE ocument and the culvert process instructions.

Applicant Signature: Wllol-J-J.1'JJ...-.Ji~rWH'+--:.,..L..---·Printed: Jt ~ ~~J Date: I ) J. :;l-f I Lf

For Inspector Use Only Pre~insp: _ __ _ _ Staked: _ _ __ _ _ Grade insp: - - - - - - - Form insp: Final insp: Free lnsp: _ _ __ _ __ Notes: -------------------------~

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Donbn County does not guaran111e the correctness or ocx:uracy of any features on this product and http://gis.dentoncounty.com asaumes no re"Ponsibility In ex>nnection therewith.

This product may be revised a t any time without notification ti any user.

I '20 1 t1- () 12 3 U.S. OEPAF<.TMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEl~ENT AGENCY ELEVATION CERTIFICATE OMS No. 1660-0008 National Flood fnsurcmcc Program Important: Read the instructions on pages 1-9. Expiration Date: July 31, 2015 SECTION A - PROPERTY INFORMATION FOR i~JSU_RANCE COMPANY USE /\ I Building Owner':; Name Policy Nurnoer: A2.. Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. Ccmpany NAIC N umbe r: 3960 Spinnaker Run Point - -- City Little Elm Stale TX ZIP Code 75066 A3. Properly Description (Lot and Block Numbers, Tax Parcel Number, Legal Description, etc.) Lol 84. Block 1 of Sunrise Bay at Lake Lewisville - Tax Parcel Number 18265_9_ _ __ A4. Building Use (e.g., Residential, Non-Residential, Addition . Accessory, etc.) Residential AS. Latitude/Longitude: Lat. 33. 14809 Long. 96.96500 Horizontal Datum: 0 NAO 1927 0 NAO 1983 A6. Attach at least 2 photographs of lhe building if the Certificate Is being used lo obtain Rood insurance.

A7. Building Diagram Number 1B A8. For a building with a crawlspace or enclosure(s): A9. For a building with an attached garage: a) Square footage of crawlspace or enclosure(s) n/a sq ft a) Square footage of attached garage nla sq ft b) Number of permanent flood openings In the crawlspace b) Number of pemianent flood openings In the attached garage or enclosure(s) within 1.0 foot above adjacent grade nfa within 1.0 foot above adjacent grade nfa c) T otal net area otnood openings in A8.b n/a sq in c) Total net area of flood openings in A9. b nfa sq in d) Engineered flood openings? O Yes l8l No d) Engineered nood openings? 0 Yes 181 No SECTION B- FLOOD INSURANCE RATE MAP (FIRM) INFORMATION r 81. NFIP Community Name & Community Number Denton County- 480n4 I B2. County Name Denton I ~.State 84. Map/Panel Number B5. Suffix B6. FIRM Index Date 87. FIRM Panel 88. Flood 89. Base Flood E levation(s) (Zone I 48121C0415 I G 4-1 8-2011 Effective/Revised Dale 4-1 8-2011 810. Indicate the source of the Base Flood Elevation (BFE) data or base flood depth e ntered in Item B9.

Zone(s} AE AO, use base flood depth)

0 FIS Profile !81 FIRM 0 Community Detemiined 0 Other/Source: _ _ B 11 . Indicate e levation datum used for BFE in Item B9: 0 NGVD 1929NAVO 1988 181 0 Other!Source: _ _ 812. Is the building located in a Coastal Banier Resources System (CBRS) area or Otherwise Protected A rea (OPA)? 0 Yes l8l No Designation Date: _ _ 0 CBRS 0 OPA SECTION C- BUILDING ELEVATION INFORMATION (SURVEY REQUIRED) C1 . Building elevations are based on: !81 Construction Drawings• 0 Building Under Construction• 0 Finished Construction •A new Elevation Certificate will be required when construction of the building is complete.

C2. Elevations - Zones A 1-A30, AE, AH, A (with BF E), VE, V1-V30, V (w ith BFE), AR, AR/A, ARJAE, ARIA 1-A30, AR/AH, AR/AO. Complete Items C2.a--h below according to the building diagram specified in Item A7. In Puerto Rico only. e nter m eters.

Benchmark Utilized: Vertical Datum: Indicate elevation datum used for the elevations in items a) lhrough h) below. 0 NGVD 192& 0 NAVO 1988 D Other/Source: Datum used for building e levations must be the same as that used for the BFE.

Check the measuremen t used . a) Top cf bottom floor (including basement, crawlspace, or enclosure floor) 539.00 0 feet 0 meters b) Top of the next higher floor 0 feet 0 meters c) Bottom of the lowest r.orizontal structural member 01 Zones only) 0 feet 0 meters d) Attached garage (top of slab) 0 feet 0 meters e) Lowest elevation of machinery or equipment servicing the b uilding 0 feel 0 meters (Describe type of equipment and location in Comments) f) Lowest adjacent (finished) grade next to building (LAG) Ofeet 0 meters g) Highest adjacent (finished} grade next to building (HAG) 0feet 0 m eters h) Lowest adjacent grade at lowest elevation of deck or stairs. incluaing structura l support Ofeet 0 meters SECTION D- SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION This certification is to be signed and sealed by a land surveyor, engineer. or architect authorized by law to certify e levation information. I certify the/ the infonnation on this Certificate represents my best efforts to interpret the data available.

I understand that any false statement may be punishable by fine or imprisonment under 18 U.S. Code, Section 1001.

0 Check here if comm ents are provided on back of form. Were latitude and longitude in Section A provided by a 0 Check here if attachments. licensed land surveyor? 0 Yes 181 No Certifier's Name Do uglas L. Arthur License Number 4357 Title RPLS Company Name Arthur Surveying Company State TX ZIP Code 75067 2/20/2014 Telephone 972-221-9439

See reverse side for continuatio n . Replaces a ll previous editions.

ELEVATION CERTIFICATE • page 2 IMPORTANT: In these spaces, copy the corresponding information from Section A. FOR INSURANCE COMPANY USE Building Street Address (including Apt, Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. Policy Number.

3960 Spinnaker Run Point City Little Elm State TX ZIP Code 75068 Company NAIC Number: SECTION D - SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION (CONTINUED) Copy both sides of this Elevation Certificate for (1) community official, (2} insurance agent/company, and (3) building owner.

Comments

Signature

For Zones AO and A (without BFE), complete Items E1-ES. If the Certificate is intenoed to support a LOMA or LOMR-F request. complete Sections A, B. and c. For Items E1--E4, use natural grade, If available. Check the measurement used. In Puerto Rico only, enter meters.

E1. Provide elevation information for the followlng and check the appropriate boxes to show whether the elevation is above or below the highest adjacent grade (HAG) and the lowest adjacent grade (LAG). a) Top of bottom floor (including basement. crawlspace, or enclosure) is _ _._ _ 0 feel 0 meters 0 above or 0 below the HAG. b) Top of bottom floor (Including basement. crawlspace, or enclosure) is _ _ . _ _ 0 feet D meters O above or D below the LAG.

E2. For Building Diagrams 6-9 with permanent flood openings provided in Section A Items 8 and/or 9 (see pages 8-9 of Instructions), the next higher floor (elevation C2.b in the diagrams) of the building is - - · - - 0 feet 0 meters 0 above or 0 below the HAG.

E3. Attached garage (top of slab) is - -·- - 0 feet 0 meters 0 above or 0 below the HAG.

E4. Top of platform of machinery and/or equipment servicing the building is - - · - - O feet 0 meters 0 above or D below the HAG.

ES. Zone AO only: If no nood depth number is available. is the top of the bottom floor elevated in accordance with the community's floodpla!n management ordinance? 0 Yes 0 No 0 Unkr.own. The local official must certify this Information in Section G.

SECTION F- PROPERTY OWNER {OR OWNER'S REPRESENTATIVE) CERTIFICATION The property owner or owner's authorized representative who completes Sections A, B, and E for Zone A (without a FEMA-issued or comm unity-issued BFE) or Zone AO must sign here. The statements in Sections A, B, and E are correct to the best or my knowledge.

Property Owner's or Owner's Authorized Representative's Name Address City State ZIP Code Signature Date Te lephone Comments

SECTION G- COMMUNITY INFORMATION {OPTIONAL) c The local official who is authorized by law or ordinance to administer the community's floodplain management ordinance can complete Sections A, B, (or E). and G of this Elevation Certificate. Complete the applicable item(s) and sign below. Check the measurement used in Items G8-G10. !n Puerto Rico only, enter meters.

G1 0 The information in Section C was taken from other documentation that has been signed and sealed by a licensed surveyor, engineer, or architect who is authorized by law to certify elevation information. (Indicate the source and date of the elevation data in the Comments area below.)

G2. 0 A community official completed Section E for a building located in Zone A (without a FEMA-issued or community-issued BFE) or Zone AO.

G3. D The following information (Items G4-G10) is provided for community floodplain management purposes.

G4. Permit Number GS. Date Permit Issued GS. Date Certificate Of Comp!iance!Occupancy Issued G7. This permit has been issued for. 0 New Construction 0 Substantial Improvement GB. Elevation of as-built lowest floor (including basement) of the building: _ _ . __ O feet 0 meters Datum G9. BFE or (in Zone AO) depth of flooding at the building site: - - ·- - O feet D meters Datum G10. Community's design flood elevation: D feet 0 meters Datum Local Official's Neme Title Community Name Telephone Signature Date Comments

FEMA Form 086-0-33 (7/12) Replaces all previous editions.

ELEVATION CERTIFICATE, page 3 Building Photographs See Instructions for Item A6 IMPORTANT: In these spaces, copy the corresponding lnfonnation from Section A. FOR INSURANCE COMPANY USE Building Street Address (fncludlng Apt., Unit, Suite, and/or Bldg. No.) or P.O. Roule and Box No. Polley l'·fomber.

City State Z IP Code c ·ompany NAfC Number.

If using the Elevation Certificate to obtain NFIP flood insurance, affix at least 2 building photographs below according to the instructions for Item A6. Identify all photographs with date taken; "Front View" and "Rear View"; and, if required, "Right Side View" and "Left Side View." When applicable, photographs must show the foundation with representative examples of the Rood openings or vents. as indicated in Section AB . If submitting more photographs than will fit on this page, use the Continuation Page.

FEMA Form 086-0-33 (7/12) Replaces all previous editions.

20140123 nus produd is for 1nlonna11onal purposes and may not h avo be en pre pa red for or be suitable lor legal. engine enng, o r surveying purposes It does not represent an on-the-ground survey and represents only the approlllmate 0 95 190 300 relative location of propeny boundanes Techriology ~~~~iiiiiiiiiiiiiiiiiiiiiiiiil~~~~~~~ reet Denl:>n County does not gusranl!!e the correc01ess or accuracy of any features on lhls produd and -:-er v 1 c es http ://gis .dentoncounty.com assumes n o respons ibility in oonneclion lherL'With.

This produd may be revised at any time wnhout notificat10n I:> any usor

MAP SCALE 1" =1000' 0 1000

' I PANEL0415G

+ I E>N0334 FLOOD INSURANCE RATE MAP DENTON COUNTY, LANE TEXAS AND lNCORPORATED AREAS

(SEE MAP INDEX FOR FIRM PANEL LAYOUT) ,I ~ fl!.!lfl. .sJlf& 0 L_ ucm c c G ...,,,.,.., ..... ,.

DENTON C0 UNTY 1 '8l53'J ....

4111,., °'" 1M1S G " UNINCORPORA'FED A'REAS 480774 -~---- Ua.or. The Mmp Nc.nbet 6hown below "'Shoulel °""" toDe UOl>d Wiien pladng map orelera; 111& community Number slloWn llDClVO ahOuid be uaed on inllUll!noe app!ica!Jono fer the !IUl>ject rommunrty.

MAP NUMBER 48121C0415G MAP REVISED APRIL 18, 2011

Thi• i. an clllcoal COP\! col a portion of tne ab<M! rc~ncco ftooa map. I\ .,,_ eictntcled ucong F-MIT Or>-Uroo. Th• map don not 1oee<:t ch:>n""" ot amendrnennt -wntch may ha..o ooon m11do sucsoqucnt to tne d3re on tha tiHe t.1ock. For tho latost product lnfonna1Jon about National Flood ln&uranco P rogram eood mape c l>ock tl>o FEMA Flood Map St ore rrt www moc.tomo.gov

Denton Central Appraisal District - PropcrtyDe tails Pagel of 3 Propert y De tails for account 182659

Tax Information The Denton Centr al Appraisal District is not responsible for the assessment or collecti on of taxes for this or any other property . If you have a question regarding your tax bill please contact the Dent on County Ta x Assessor / Co llector.

General Information Property ID 182659 GEiograliI·c;·..·:ro···-··--···. ··-····-···-··················--···········--··-···-·····---····-··-··5Noio4..i:=-ciofo oi - oO"ffa·=·oO"BT-=cio·a·o i:ega1-00-;~;i-pt·i-;;ri-· ---······-··· -··-··-···· . ····--5·ur::·i:T5·;;···-aa.y--,i;:~·r:·a·k"e--£-ei~i5-Vi:. ie····Ei:i<···"l-·L:;;-i::··-s4 ~:~€~:~~::~~~:~~:~~:::::::::::::::::::::::::::~:::::::::::::~::::::::::::::::~::::::::::::::::::::: ::::::::::}:?.:~:~::::~:P.~:~:~~:~~::~::::~:~:~:::::~~:~f~::: f~:?.§~~~:~:~~~~: Prooertv Tvne Real Ne i~h"b;;"h~~d.--··-·-· ..···---·····-····-····-···---··--··-·-··-··----····--··-·-··-·-··-·-··-··----·-···------..-oc13 o·r2'L: -·-··-·-··---·-----·-·····-----····-·-·-·--··--st:·i11:·;_··~ie sa y-···.n:"t-ra. ke· Lewisv i E e···T.lai<e-·?r A£>9·t:~~;"t/s-;;t;d"i~I-;:;:·;;;;-···-·--· ......... .......- ....·-······-······-··-·-····-····--··-·-···-·- ····-············--··-..··-·····-..-·-·····-·s'N-oT0"4-:-D: ==~==~==-~-=::::=~=~::=::=:::==::~=::~:::~=::~=:~~~=:::=:-...:::::::~-:==:::=:~t;"~-;-q;ertie·5·2·n-·s~ioToliP: Vi e w P l at --····----OOO. . O_O ___...,_. . OOOOo--. 0 - 00 0 0 0 _ 0 _ 0 o 0 - 0 - 0 0 0 _ _ _0 0 0 - - 0 0 0000 - 0 0 0 - 0 0 0 o• - 0 . . 000 - 0 0 0 _ 0 _ 0 00•0 - • o0•• - Ho+. . o•oo• O O - O H - • • O H _ . ._ . ,• • • ~• •- • • •_ ,. . . _ _ _, , , , .

Owner ID 621 2 97 0;;;;~~-N;;;;~-····-··-···-····----·---------·-····-···-··-···-···--·----··-··----r::;;r;g l ey I KeTi;;··9 ~~~~~n ~=?.~~~:~~§::~R~::=::::=:::~=:=~::~::::::=~~~::~::~:=:-..::::~::=-~==::=::::::::::=:-_~::=::=-.::::=::::::::~=::::::::=:::~-::::::::::~_=:-=\~o-~ ~i l~-r:!.[_~dd.~_::i..~..--···-······---··-··-······--·---··--·--···-·--··------·-----±:.~~-~-- vi ~r:.~.Y..~ l ..~.'?l ..P..E Dal las, TX 75 287-4 0 19 T.:~~:~~:~~:~~~~:~~:~~~:~~:~:~:::::::::::::::=:::::::::::::::::::::::::::::::::::::::.:::::::::::::=::::::::::::.::::::=::::::::::::::::::=~::::::::::::~9:~::::I~:~:~Y0.:6.::::~:?.:~:~:~:Y.T 10 (Li t t l e Elm I s d l ~~~.?..~P...t:..~.~::~----··=::::::::=:::::::::::~::=::=:::::=:===:::::::::=::::::::::::=::::==:====~.::::::::::::~:=::=~-::::~-:::==~~=::::~~=::::.~Zf ~iew M<:E...·-·-··---···········--··- -···· ..-··---··-···- ··--··-·--·····----··-·"·-····--·-"···-------· Den t o n CAD GI S

2012 Es t imated Taxes Tax Rate Per Taxable Calculated Tax Ceiling Entity Name $100 Value 1 Taxes I Amo unt Jc:iton Co un ty 0 . 2 82 8&7% $47 4 ,'130 . 00 $ 1,342 . 0 J NIA L~t tle ELM L. 54% sor, , 43 0 . oo $7 , 306 . 22 ~I I !>.

Estimated Total $8,6 ~ 8 . 23 Taxe s

DO NOT PA'! TAXES B.ll.SED ON THESE ES T I MATED TAXES . You 1,.;ill re cei ve an of:i:::.:..:i.:. t3x b il l f r om t'.'-1e 3;:..;pr.<..p:-iace age:icy wi.•?n tney ace prepaceri . ~ axes are co ll ecced b y t he a,e~cy sending you t he o f: ic i a l ta x b i ll . To see a l i s tin :;i o f aqencie:s t h at co_ l ec:t taxes f or you r· pro p ert y, click here

488I.+ http://www.dentoncad.com/index.php?option=com _ contenl&lask=view&id= l 00& Year=20 l 2&Propetty... l /22/20 LE_OG_C_ E-465E _DACW63-9-14-0533_012S2014

U.S. Army, Corps of Engineers ATIN: CESWF-RE-M P. 0. Box 17300 Fort Worth, TX 76102-0300

January 28, 2014 Mr. Harry Bizios 3960 Spinnaker Run Point little Elm. Texas 75068 Dear Mr. Bizios Enclosed are two fully executed copies of Consent OACW63-9-14-0533 for your records. Per condition 10 of your consent a copy must be filed at the county of record under the referenced tract number. Once recorded a copy must be provided to us so that we will know the consent is officially on record. You have 90-days to provide us with proof of recording or your consent may be terminated.

If you have any questions related to your rights or responsibilities as provided for in the consent, please contact Mrs. Vicki Akers at 817-886-1114.

. \ \ '"--''-" ~ -.. l-, '- I Joanme Mu rp~ _: ·' \ Realty Specialist Fort Worth District Enclosures

LE_OG_CN_E-465E_DACW63-9-14·0533_0 1272014

Consent No. DACW63-9-14-0S33 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS FORT WORTH DISTRICT Project: Lewisville Lake, Texas Tract No. E-465E

WHEREAS, the United States has acquired a perpetual flowage easement over Tract No. E-465E, Lewisville Lake, Texas, recorded in Deed Records, volume 463, pp. 444, of Denton County, Texas.

WHEREAS, said easement grants to the United States the right of prior approval for any structure to be located within the easement area, which area is under the administrative contro l of the Fort Worth District, Corps of Engineers.

WHEREAS, the United States has been requested to grant approval for a riprap retaining wall to be placed on the above-identified tract.

NOW THEREFORE, the United States hereby gives consent to Mr. Harry Bizios to place a riprap retaining wall at the location shown on Exhibits A Jt.Dd B.

PROVIDED HOWEVER, that this consent is subject to the following conditions: I. All activities conducted on the premises shall comply with all applicable Federal, state. county and municipal laws, ordinances and regulations wherein the premises arc located 2. lhe giving of this consent does not in any way subordinate the United States· prior easement rights. The United States shall in no case be liable for any damage or injury to the structures herein consented to, which may be caused by any action of the Un ited States under its easement. or that may resu lt from future operations undertaken by the United States. and no claim or right to compensation shall accrue rrom such exercise of the l ln11t:d States' elliiement rights.

3. J he United States shal l not be rcsponsiblt! for damuge!l to property l>r inJurlt:~ to pc:r!.011s '"luch may arise from nr he incident to the exen.:ist of the consented acti ... it:y ti I his 1nstrumcm is c:flccllvl' uni) msolllr ~ the ngh1 s ol the L n11eJ St3tt!> 111 the premises are concerned ; and the consenlce sha ll ohta1n -;uch pcrmissi0n us mn) be requ1rcLI on uccounl o f an~ other existing rights ll is undcr!\toud thl:it this cunsent docs not eliminate the nel:cssity for obtaining any Department of the Anny permit which ma:• he rt!quired pursuant t1• the prm i s1nns of Sc::i.:tion I 0 ut' Lhc R i vcrs and I larbtirs Act of) Man.:h I 899 (30 !->tttl I I :' l : .1'

LE_OG_CN_ E-465E_DACW63-9-14-0533_0 1272014

Consent, R- Rap Retaining Wall, Tract E 465 E 3960 Spinnaker Run Point , Little Elm, TX 75068 ~,·~- t ;., ~~,,

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Gary Cook From: Linda Asbell [[email protected]] Sent: Wednesday, February 19, 2014 4:27 PM To: Gary Cook Subject: RE: 20140 123

No issues at all. They have already started the permit process with us .

Than k you.

Linda Asbell, TRMC Town Secretary 972-294-5555 (direct) www. lakewoodvillagetx. us

LA:-rwooo ~ \' l l.l 1\GL From: Gary Cook [ mailto:[email protected]] Sent: Wednesday, February 19, 2014 4:05 PM To: [email protected] Subj ect: 20140123 Hey Linda - I've got a permit for a house in your ETJ. Do you have any issues with it?

Thanks Gary

From: [email protected] [ mailto :PublicWorks@dentoncou ntv.com] Sent: Wednesday, February 19, 2014 4 :06 PM To: Gary Cook Subject: Attached Image

1 492 Public Works RECEIPT Denton County 1505 E. McKinney S1, Sic 175 Ocnion, Texos 76209 (940) J.19-2990: Mom (940) J.19-29CJI: """ v.rww.dcntoncoun&y.com - 22-Jan-14 M§!i!QijM DRAWER2

M§i!.l"!.14 i ·fti§i·MM

•..•.• ALAN HOFFMANN 22-Jan-14 @!.@ijl!.i 7324 GASTON AVE 6399 DALLAS, TX 75214 , USA 37001

Product Name Category Quantity Unit Price Discount Extended Price IN F.P. DEVELOPMENT PERMIT PERMIT $50.00 0% $50.00 CULVERT CULVERT $15.00 0% $15.00

•-m~mm• $65.00 •mm1·111• $65.00 111~111111• $65.00 •am~i- 2434

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Exhibit 36

U.S. DEPARTMENT OF HOMELAND SECURITY ELEVATION CERTIFICATE FEDERAL EMERGENCY MANAGEMENT AGENCY OMB No. 1660-0008 National Flood Insurance Program Important: Read the instructions on pages 1-9. Expiration Date: July 31, 2015 SECTION A- PROPERTY INFORMATION FOR INSURANCE COMPANY USE A1. Building Owner's Name Policy Number: A2. Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. Company NAIC Number:- 3960 Spinnaker Run Point City Little Elm state TX ZIP Code 75068 A3. Property Description (Lot and Block Numbers, Tax Parcel Number, Legal Description, etc.) Lot 84, Block 1 of Sunrise Bay at Lake Lewisville - Tax Parcel Number 182659 A4. Building Use (e.g., Residential, Non-Residential, Addition, Accessory, etc.) Residential A5. Latitude/Longitude: Lat. 33.14809 Long. 96.96500 Horizontal Datum: D NAO 1927 D NAO 1983 AS. Attach at least 2 photographs of the building if the Certificate is being used to obtain flood insurance.

A7. Building Diagram Number 18 AB. For a building with a crawlspace or enclosure(s): AS. For a building with an attached garage: a) Square footage of crawlspace or enclosure(s) n/a sq ft a) Square footage of attached garage n/a sq ft b) Number of permanent flood openings in the crawlspace b) Number of permanent flood openings in the attached garage or enclosure(s) within 1.0 foot above adjacent grade n/a within 1.0 foot above adjacent grade nla · c) Total net area of flood openings in A8.b n/a sq in c) Total net area of flood openings in A9.b n/a sq in d) Engineered flood openings? D Yes 181 No d) Engineered flood openings? D Yes 181 No SECTION 8-FLOOD INSURANCE RATE MAP (FIRM) INFORMATION 81. NFIP Community Name & Community Number 82. County Name 83. State Denton County - 480774 Denton TX B4. Map/Panel Number BS. Suffix B6. FIRM Index Date B7. FIRM Panel BS. Flood B9. Base Flood Elevation(s) (Zone 48121C0415 G 4-18-2011 Effective/Revised Date Zone(s) AO, use base flood depth) 4-18-2011 AE 537 O. Indicate the source of the Base Flood Elevation (BFE) data or base flood depth entered in Item B9.

D FIS Profile 181 FIRM D Community Determined D Other/Source: _ _ B11. lndicateelevationdatumusedforBFEinltemB9: D NGVD1929 l8l NAVD1988 D Other/Source: _ _ B12. Is the building located in a Coastal Barrier Resources System (CBRS) area or Otherwise Protected Area (OPA)? D Yes l8l No Designation Date: _ _ 0 CBRS 0 OPA SECTION C- BUILDING ELEVATION INFORMATION (SURVEY REQUIRED) C 1. Buildi.ng elevatior:is. are base~ on: 181 Construction Drawings* 0 Building Under Construction* 0 Finished Construction *A new Elevation Certificate will be required when construction of the building is complete.

C2. Elevations - Zones A 1-A30, AE, AH, A (with BFE), VE, V1-V30, V (with BFE), AR, AR/A, AR/AE, AR/A 1- A30, AR/AH, AR/AO. Complete Items C2.a-h below according to the building diagram specified in Item A7. In Puerto Rico only, enter meters.

Benchmark Utilized: Vertica l Datum: Indicate elevation datum used for the elevations in items a) through h) below. D NGVD 1929 D NAVO 1988 D Other/Source: Datum used for building elevations must be the same as that used for the BFE.

Check the measurement used. a) Top of bottom floor (including basement, crawlspace, or enclosure floor) 540.04 0 feet 0 meters b) Top of the next higher floor n/a._ _ 0 feet D meters c) Bottom of the lowest horizontal structural member (V Zones only) n/a._ _ D feet D meters d) Attached garage (top of slab) n/a._ _ D feet D meters e) Lowest elevation of machinery or equipment servicing the building nla. _ _ D feet D meters (Describe type of equipment and location in Comments) f) Lowest adjacent (finished) grade next to building (LAG) 537.1Q D feet D meters g) Highest adjacent (finished) grade next to building (HAG) 539.30 D feet D meters h) Lowest adjacent grade at lowest elevation of deck or stairs, including structural support n/a._ _ 0 feet D meters SECTION D - SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION This certification is to be signed and sealed by a land surveyor, engineer, or arch itect authorized by law to certify elevation information. I certify that the information on this Certificate represents my best efforts to interpret the data available.

I understand that any false statement may be punishable by fine or imprisonment under 18 U.S. Code, Section 1001.

D Check here if comments are provided on back of form. Were latitude and longitude in Section A provided by a D Check here.if attachments. licensed land surveyor? D Yes ~ No Certifier's Name Douglas L Arthur License Number 4357 Title RPLS Company Name Arthur Surveying Company \ty Lewisville State TX ZIP Code 75067 Telephone 972-221-9439

See reverse side for continuation. ·Replaces all previous editions.

ELEVATION CERTIFICATE, page 2 IMPORTANT: In these spaces, copy the corresponding information from Section A. FOR INSURANCE COMPANY USE Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. Policy Number: 3960 Spinnaker Run Point City Little Elm State TX ZIP Code 75068 Company NAIC Number: SECTION D - SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION (CONTINUED) Copy both sides of this Elevation Certificate for (1) community official, (2) insurance agenUcompany, and (3) building owner.

Comments

Signature Date SECTION E - BUILDING ELEVATION INFORMATION (SURVEY NOT REQUIRED) FOR ZONE AO AND ZONE A (WITHOUT BFE) For Zones AO and A (without BFE), complete Items E1-E5. If the Certificate is intended to support a LOMA or LOMR-F request. complete Sections A , B, and C. For Items E1-E4, use natural grade, if available. Check the measurement used. In Puerto Rico only, enter meters.

E1. Provide elevation information for the following and check the appropriate boxes to show whether the elevation is above or below the highest adjacent grade (HAG) and the lowest adjacent grade (LAG). a) Top of bottom floor (including basement, crawlspace, or enclosure) is _ _._ _ D feet D meters D above or 0 below the HAG. b) Top of bottom floor (including basement, crawlspace, or enclosure) is _ _. _ _ D feet 0 meters 0 above or 0 below the LAG.

E2. For Building Diagrams 6-9 with permanent flood openings provided in Section A Items 8 and/or 9 (see pages 8- 9 of Instructions), the next higher floor (elevation C2.b in the diagrams) of the building is - - · -- 0 feet 0 meters 0 above or D below the HAG.

E3. Attached garage (top of slab) is _ _. __ 0 feet 0 meters 0 above or 0 below the HAG.

E4. Top of platform of machinery and/or equipment servicing the building is - -·- - D feet D meters D above or D below the HAG.

E5. Zone AO only: If no flood depth number is available, is the top of the bottom floor elevated in accordance with the community's floodplain management ordinance? 0 Yes 0 No 0 Unknown. The local official must certify this information in Section G .

SECTION F- PROPERTY OWNER (OR OWNER'S REPRESENTATIVE) CERTIFICATION The property owner or owner's authorized representative who completes Sections A, B, and E for Zone A (without a FEMA-issued or community-issued BFE) or Zone AO must sign here. The statements in Sections A, B, and E are correct to the best of my knowledge.

Property Owner's or Owner's Authorized Representative's Name Address City State ZIP Code Signature Date Telephone Comments

- - - - -- - - - -- - - -- - - - - - - - -- - - - - -- - - - - - -- - - - - - - - 0 Check here if attachments.

SECTION G - COMMUNITY IN FORMATION (OPTIONAL) The local official who is authorized by law or ordinance to administer the community's floodplain management ordinance can complete Sections A, B, C (or E), and G of this Elevation Certificate. Complete the applicable item(s) and sign below. Check the measurement used in Items G8-G10. In Puerto Rico on ly, enter meters.

G1 . O The information in Section C was taken from other documentation that has been signed and sealed by a licensed surveyor, engineer, or architect who is authorized by Jaw to certify elevation information. (Indicate the source and date of the elevation data in the Comments area below.)

G2. D A community official comp leted Section E for a building located in Zone A (without a FEMA-issued or community-issued BFE) or Zone AO.

G3. 0 The following information (Items G4- G10) is provided for community floodplain management purposes.

G4. Permit Number G5. Date Permit Issued G6. Date Certificate Of Compliance/Occupancy Issued

G7. This permit has been issued for: D New Construction 0 Substantial Improvement GB. Elevation of as-built lowest floor (including basement) of the building: _ _ _ _ 0 feet 0 meters Datum G9. BFE or (in Zone AO) depth of flooding at the building site: _ _ __ 0 feet 0 meters Datum G10. Community's design flood elevation: 0 feet 0 meters Datum

Local Official's Name Title Community Name Telephone Signature Date Comments - - - - - - - - - - - - - - - - - - - - - - - - - - -- - -- - - -- - - - - - - - - - 0 Check here if attachments.

FEMA Form 086-0-33 (7/12) Replaces all previous editions.

ELEVATION CERTIFICATE, page 3 Building Photographs See Instructions for Item A6 IMPORTANT: In these spaces, copy the corresponding infonnation from Section A. FOR INSURANCE COMPANY USE Building Street Address (including Apt. , Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. Policy Number: City State ZIP Code Company NAIC Number:

If using the Elevation Certificate to obtain NFIP flood insurance, affix at least 2 building photographs below according to the instructions for Item A6. Identify all photographs with date taken ; "Front VieW' and "Rear VieW'; and, if required , "Right Side VieW' and "Left Side View." When applicable, ·photographs must show the foundation with representative examples of the flood openings or vents, as indicated in Section A8. If submitting more photographs than will fit on this page, use the Continuation Page.

FEMA Form 086-0-33 (7/12) 497 Replaces all previous editions.

Exhibit 37

FORM:S SURVEY [ 3960 Spinnaker Run Pointe ] I I I I J / / LOT s2 _ _...- ,,. - _..,...- Subdivision 1 / I -- Boundary I "" / FJ_Rl- r__,+---_..,......,.,,. : I Lot 83 ,,, · 522· T~ I '\.. Elev line rz:I ~ I !! J I soW~N ~E \ ~~ ' E-t ~ Q,, !fl 11 5 89' ~ \__ - - - F.l.R. ' o~ °'~ r;ta/~ I s 43020'43" E 58 . - - ' F.l~-~!r- . --.., : - - -- ----~- 8~ ' ' ~ I .. I - - - ... - ... - "\ ' >;.! 1 - - ---- Top of ·' "- bank ' ~ t'9 J__ - "'a~ - _ut UTIL.,5.Q6!'.9- £si"r......- - - -...---- -91.B' ~- ti. ~ 1 - - - - - - 10· unt. 1c_pR~G.JSf!1T,__ - o ·' ·'.'-.. ', -<.P ~~ ic C • - ~04.6' ·a 6-~~· •';ri ,~ - ~~ - ~o ~~{(.n g ~ Lri h ,. . ,., 33.6 \ · · ~, J'~ .u~ z '1l \Q I t'1 t I 1 FORMS "-' ._,.,. of.

~ ~ $ ~I Lot 84 24_0 • \ 39~~=., ~~~;"'"'°'), 109%7~-ft. I ', ' ) topof--'4•04' '~~~IT~~ ~ 1.3 • __ .J._... ~ , ~ u~ ~ ..... ~ -~ I: I ~) --------1----------------- ,~ s:a " ~ I 2.50 acres / /-------- ~e • AE• '11 - '-' - __:_ _ - ~------- " " Ilnc •""""' . ~... ~ i ~H · t-- I - - - ( i ...... . . . . _ ' ~, ,._. --+:----1.0.:~7!.42'!'S ~r. - \ - - - - - -- - - - - - - - - - - - - \ _~ Z F.1.R. I ;:;-- - 10· u11L a ORNG.. ESll;:- . . - - - - - ~ - - - - - ----------------------- ~-~ ~ ,: I N 34°54'11" W295.77' - i/- - '~\g:.· N 38°21'36" w 491.89' \ F-l-R- V.l i U.S.A. i / g/ Lot 85 \ Lake Lewisville Resorvoir

Dllte: 03/07114 ASC No. 140375 D.rawn/Chk L.G. I DLA PROPERTY DESCRIPTION: Lot 84, Block 1 of Sunrise CIUmt fl.any Bizi-Os Bay at Lake Lewiiwille, an addition to the Town ofLittle Elm, LmEND -C.M.• Contmlling Mamimcnt; F.LR.• Foundhvn Rad; FLP.• Fmmd 1nm Pipe; Denton County, Texas, according to the Plat thereof recorded 11.C.P.= F-Comer Poll. OHB=Ovdiead Bleclric. S.LR.= Set._, llod8 Ill" m...... with in Cabinet L, Page 224, Plat Records of Denton County, Texas. ,.,ilPw "Ill' otampad 'Ai1hlr S111Y1l)'iq Campaay". All foi.md iron mcll arc 112' dimuUr 1IDlou albcrwiac nntai - K - (:fc:nccf ~ pcm) - OHE - (avm-1 powm) FLOOD NOTB: It ill my Clpinion 1batIha pmpcrty dllilllribad bmwn ia pmti1111y within 1bD 100.ycar ftoadmm: axa llCCCIRlinglD tile FcdcnlJlmi:rFDCY ~ ~ Fb>d J:naurance hie M-ii ~Pan.el No. 4811S2 04lj G, l'rNeDt Bffectiff Date ofmap Apd1 18, 2011, b:n:in property lituati:d wi1hin Zone 'X" (Ulllhaded), Zone • AE".

F/ Lf D 10/~ APR - CAUSE NO. 14-tH991-431 . 8 PH 3: 03 SHERR/A IN THE DISTR~f!f'~'f ~t~.~~ TE.i!-1 TOWN OF LAKEWOOD VILLAGE, §

~ § ' Nco .. rA tl .,.

Plafutlff, § --- § DePUty v. § § DENTON COUNTY, TEXAS HARRY BIZIOS, § § Defeudaut. § 431 ST JUDICIAL DISTRICT AGREED ORDER EXTENDING AND MODIFYING TEMPORARY RESTRAiNING O'RtiER AND ORDER SETTING HEARING FOR TEMPORARY INJUNCTION On the 2"d day of April, 2014, the Court considered arguments and agreement of the pa11ies regarding Plaintiff To\\1\ of Lakewood Village's ("Town") application for Temporary Injunction. Wm. Andrew Messer, attorney for the Plaintiff, appeared in person. Art Anderson, attorney for Defendant, also appeared. After considering the agreement of the parties and the Com1's docket, the Court finds that good cause exists to grant an extension and modification of the Temporary Restraining Order issued by this Court on March 20, 2014 ("TRO") and to reset the hearing on Plaintiffs Temporary Injunction.

IT IS THEREFORE ORDERED AND AGREED that the TRO shall be and is hereby extended in that Defendant Hany Bizios, his agents, contractors, and employees and the Defendant's representative(s) with control over the Property, described as Lot 84, Block 1 of Sunrise Bay at Lake Lewisville, and addition to the City of Little Elm, Denton County, Texas, according to the plat thereof recorded in Cabinet L, page 224, plat records, Denton County, Texas (the "Property"), shall allow inspections by the Town's Building Official or designee on the Prnpe1ty, until the later of such time as plaintiff's application for temporary injtmction may be heard or April 17, 2014.

Extended Temporary Restraining Order-· Page 1 Town of Lakewood Village v. Hart)' Bi::los

IT IS FURTHER ORDERED AND AGREED that the TRO shall be and is hereby modified in that Defendant Harry Bizios, his agents, contractors, and employees and the Defendant's representative(s) with control over the Property shall immediately cease and desist any constrnction on the Property except as follows: l. Defendant shall be allowed to complete the plumbing rough-in work, including water tap and on-site sewage facility connection, on the Property in compliance with the Town's regiilntions and shall submit to, and pass. a plumbing rough-in work inspection to be perfom1ed by the Town; 2. Defendant shall submit a form board S\1rvey to the Town and said survey and all completed work shall comply with the Town's minimum finished floor elevation of msl; 3. Defendant shall be allowed to complete pier installation in compliance with the TO\vn's regulations, which shall be inspected by a professional engineer and an approval letter shall be provided by Defendant to the To''m; 4. Defendant shall be allowed to complete the work necessary to pass a "pre-pour inspection" on the Property in compliance with the Town's regulations and shall submit to such inspection to be performed by the Town; and 5. L" pan completion of and inspections involving 1-4 above, Defendant shall be allowed to pour the foundation on the Property in compliance with the Town's regulations.

IT IS FURTHER ORDERED AND AGREED that the Town shall not assess the fees involving the steps above until further hearing before the Court. The Town shall also perform these inspections during nonnal business hours. Defendant shall provide the Tov.11 with at least one business day notice that Defendant is ready for any inspection.

IT IS FURTHER ORDERED AND AGREED that Plaintiff's Application for Temporary Injunction is set for hearing on the 151h day of April, 2014, at 9:00 a.m. The purpose of this hearing shall be to detem1ine whether this Extended and Modified Temporary Restraining Order should be made a Temporary Injunction pending a foll trial on the merits.

Neither party waives its legal rights, remedies and argument by entering into this Agreed Order.

Extended Temporary Restrninlng Order -- Page Z To1rn of Lakewood Village\'. Harry Bl:ios

Because Plaintiff is a muni.cipality in the State of Texas, no bond is required.

This Extended and Modified Temporary Restraining Order expires on April 17, 2014.

Signed on April !i__, 2014, at J'O: 7..) a.m.fp;m.

AGREED:

WM. ANDREW MESSER Plcrint(lf's Co1111sel

~ ,-- ~·~· ARTANDf RS$N / Defendant 'SCow1sel

D1\LLAS l/6270655Y.2 56756-t o-110.t1201 -1

Extended Temporary Restraining Order-· Page 3 Toll'// of Lakewood Village v. Harr>' Bizlos

---- ~------

FILED: 4/14/2014 2:01:15 PM SHERRI ADELSTEIN Denton County District Clerk By: Paul Montalvo, Deputy

CAUSE NO. 14-01991-431 TOWN OF LAKEWOOD VILLAGE, § IN THE DISTRICT COURT TEXAS § § Plaintiff, § § v. § § DENTON COUNTY, TEXAS HARRY BIZIOS, § § Defendant. § 431ST JUDICIAL DISTRICT

TOWN OF LAKEWOOD VILLAGE'S BRIEF SUPPORTING INJUNCTIVE RELIEF Plaintiff Town of Lakewood Village, Texas ("Town") files this brief supporting injunctive relief. The Town would note for the Court that the issues in this case are significant for all 1,131 municipalities in the State of Texas, and most are of first impression in this Coutt.

I.

BACKGROUND The Town of Lakewood Village is a Type A general law city, incorporated in 1977, and is a political subdivision of the State of Texas. Surrounding its town limits, the Town by statute has a one-half mile area designated as its extraterritorial jurisdiction ("ETJ"). TEX. Loe. Gov'T CODE § 42.021(a)(l). The Town's ETJ is depicted in the map attached as Exhibit A. The Legislature has declared, as state policy, that a municipality's ETJ is to promote and protect the general health, safety, and welfare of persons residing in and adjacent to a municipality. TEX. Loe. Gov'T CODE § 42.001. The Town, thus by statute, has a vested interest to promote and protect the general health, safety, and welfare of those in its ETJ, including specifically the defendant Harry Bizios and his property. The defendant's prope1ty is located in the subdivision of Sunrise Bay, and the defendant's property (the "Prope1ty") is undisputedly located in the

Town's ETJ. The Prope1ty has a steep downfall from the front to the back of the Property (approximately 21 feet) and is partially located within the 100-year floodplain. See map depicting the Property and floodplain, Exhibit B. The Town has the statutory authority to annex prope1ties in its ETJ, TEX. Loe. Gov'T CODE§ 43.051, pursuant to various means. See TEX. Loe.

Gov'T CODE § 43.024 (annexation upon request of area voters); § 43.028 (annexation of areas sparsely occupied on petition of landowners). The Town's cmTent population is approximately 559, and based on development within the Town's limits, it is anticipated that the Town's residency will double in the next I 0 years. The Town would then have the statutory authority to annex an area without consent of residents when it provides water or sewer to the area. TEX. Loe. Gov'T CODE § 43.033. The Town has furthered its vested interest in its ETJ through the regulation of subdivisions, development, and building codes. The Town adopted Ordinance No. 10-01 on January 14, 2010, which extended its building codes to the Town's ETJ, and Ordinance No. 13-07 on June 13, 2013 (previously Ord. No. 11-11 adopted March 11, 2011), which extended its subdivision regulations to its ETJ. The Town's building codes include heightened standards enacted as local amendments from the national standards in order to increase the health, safety and welfare of those building in both the Town's limits and its ETJ. The same heightened standards apply equally to residences built in the Town's limits and ETJ. Since the Town extended its building codes and subdivision regulations to the ETJ, three properties in the Sunrise Bay subdivision have come to the Town and complied with its building codes and subdivision regulations. See Exhibits C, D, and E demonstrating building code compliance for properties located at 3964 Spinnaker Run Point (April 2013), 3904 Spinnaker Run Point (March 2013), and 6613 Autumn Mist Cove (January 2012, February 2012, April 2012, and June 2012).

The defendant filed building plans with the Town on January 27, 2014, registered a contractor

with the Town, and scheduled a pre-construction meeting with the Town. See Exhibits F and G, The defendant subsequently cancelled the pre-construction meeting and has failed to comply with the Town's building codes and subdivision regulations, which are enacted to promote and protect the health, safety, and welfare of persons and propetty in the Sunrise Bay subdivision and other areas of the ETJ. A failure to build according to the Town's standards is a violation oflaw.

II.

DEFENDANT'S ISSUES Defendant appears to be making three arguments: (1) there is no statute authorizing a general law Texas municipality to extend subdivision rules for development to its ETJ; (2) defendant has vested rights under a 1995 plat filed with Denton County and town of Little Elm, but not submitted or approved by Lakewood Village; and (3) the permit fees, which are a recoupment of costs for the Town, are an unconstitutional tax. None of the defendant's issues have merit. Instead, the defendant is violating the Town's ordinances and building codes, and therefore, the Town is entitled to injunctive relief. TEX. C1v. PRAC. & REM. CODE§ 212.003(c).

III.

TEXAS MUNICIPALITIES HAVE THE STATUTORY AUTHORITY To EXTEND THEIR SUBDIVISION RULES FOR DEVELOPMENT To THE ETJ Texas municipalities have been granted the statuto1y authority to apply, by ordinance, their subdivision rules regarding development, including platting, building standards and permitting in their ETJ. TEX. Loe. Gov'T CODE§§ 212.003(a), 212.003, 214,212, 42.001; see also Hartsell v. Town of Talty, 130 S.W.3d 325, 328 (Tex. App. - Dallas 2004, pet. denied)("ordinances regulating development, such as those specifying design, construction and maintenance standards may be extended into a city's extraterritorial jurisdiction"); Levy v. City

of Plano, 2001WL1382520, *2 (Tex. App. - Dallas 2001, no pet.)(city subdivision regulations apply to the city's ETJ"); City of Lucas v. North Texas A1unicipal Water Dist., 724 S.W.2d 811, 823 (Tex. App. - Dallas 1986, writ refd n.r.e.)("A11icle 970a [recodified; now, § 212.003(a)] confers authority upon a city to extend its subdivision ordinances to its extraterritorial jurisdiction .... Consequently, ordinances regulating development, such as those specifying design, construction and maintenance standards, may be extended by a city into its extraterritorial jurisdiction").

1. The Statutes The authority of Texas municipalities to apply their subdivision regulations to the ETJ is contained in the Local Government Code. Section 212.003 of the Local Government Code states in pertinent part: § 212.003 Extension of Rules to Extraterritorial Jurisdiction (a) The governing body of a municipality by ordinance may extend to the extraterritorial jurisdiction of the municipality the application of municipal ordinances adopted under Section 212.002 ....

TEX. Loe. Gov'T CODE § 212.003(a)(emphasis added). Section 212.002 states in pe1tinent part that: § 212.002 Rules [T]he governing body of a municipality may adopt rules governing plats and subdivisions of land... to promote the health, safety, morals, or general welfare.

TEX. Loe. Gov'T CODE § 212.002 (emphasis added). So, the Legislature by §§ 212.002 & .003 has authorized Texas municipalities to extend their subdivision rules to the ETJ.

There is also statutory authority authorizing municipal permits and updated, localized building codes in the ETJ. Section 214.212 of the Local Government Code states:

§ 214.212 International Residential Code (a) To protect the public health, safety, and welfare the International Residential Code, as it existed on May 1, 2001, is adopted as a municipal residential building code in this state. (b) The International Residential Code applies to all construction, alteration remodeling, enlargement, and repair of residential structures in a municipality.

TEX. Loe. Gov'T CODE § 212.002. 1 "Municipality" is defined as "a general-law municipality, home-rule municipality, or special-law municipality." TEX. Loe. Gov'T CODE § 1.005(3)(emphasis added). A "municipality" (including a general law municipality, like Lakewood Village) may adopt later versions of the International Residential Code and also adopt local amendments. TEX. Loe. Gov'T CODE § 212.002(c)(d). Lakewood Village has done that. Read in conjunction with § 212.003 which authorizes Texas municipalities to extend subdivision rules "to the extraterritorial jurisdiction," § 214.904(a) authorizes Texas municipalities to extend their permitting for development to the "extraterritorial jurisdiction." Section 214.904(a) of the Local Government Code states: This section applies only to a permit required by a municipality to erect or improve a building or other structure in the municipality or its extraterritorial jurisdiction.

TEX. Loe. Gov'T CODE § 212.904(a)(emphasis added). The Legislature also adopted the 2008 International Residential Code in unincorporated areas of virtually every county in the State (Tex. Loe. Gov't Code § 233.153(a)) except where a municipality has "adopted a building code in the municipality's extraterritorial jurisdiction," in which case, the building code adopted by the

Section 2 I 4.2 I 2(a)-(c) requires municipalities across the state to adopt the International Residential Code ("!RC"). It imposes a mandatory uniform residential building code, as opposed to merely providing an optional code that cities may but are not required to adopt. Municipalities may adopt amendments to the !RC that are more restrictive than the standards in the !RC. Tex. Leg. Council, le!ter opinion September 19, 2003. Before enactment of section 214.212, Texas cities were not required to use any particular building code, and this fact at times required builders to understand and comply with multiple building codes. There is thus one standard for residential construction under the IRC but \Vith local 1nore stringent a1nend1nents.

municipality controls. Tex. Loe. Gov't Code § 233.153(c). Section 233.153 expressly states the Legislature's intent that municipalities have the authorization to extend application of adopted building codes into their extraterritorial jurisdiction.

2. The StatutOI)' Intent Lest there be any doubt that the Legislature has authorized Texas municipalities to extend subdivision rules regarding development to the ETJ, the Court need look no further than the expressed statutory intent contained in the foundational "Rules" statute, § 212.002.

Rules that govern plats and subdivisions are made to promote: the safe, orderly, and healthy development of the municipality.

TEX. Loe. Gov'T CODE § 212.002. This intent is buttressed by § 42.001. The Legislature has declared, as state policy, that a municipality's ETJ is to promote and protect the general health, safety, and welfare of persons residing in and adjacent to a municipality. TEX. Loe. Gov'T CODE § 42.001. Development of a Texas municipality occurs in the adjacent ETJ by annexation. The plain meaning of the statutory intent of§§ 212.002 and 42.001 allows the same building standards to apply in a city's limits and in its ETJ which may become part of the city. Otherwise, there would be an incongruity of building standard in a city's limit and in its ETJ.

The Supreme Com1 has further noted that the purpose of platting and subdivision regulations is to "ensure that the subdivisions are safely constructed and to promote the orderly development of the community." City of Round Rock v. Smith, 687 S. W.2d 300, 302 (Tex. 1985)(emphasis added). When the purpose of legislative enactment is obvious from the language of the law itself, there is nothing left to construction. Fitgerald v. Advanced Spine

Fixation Systems, 996 S.W.2d 864, 866 (Tex. 1999). The United States Supreme Court has also stated that a court should not apply rules of construction to unambiguous language barring exceptional circumstances. See Burlington Northern R.R. Co. v. Oklahoma Tax Comm., 481 U.S. 454, 461 (1987). The statutory purpose for authorizing subdivision rules is plain; it is allowed both in city limits and the ETJ. The statutory purpose supports Lakewood Village's injunctive relief.

3. Defendant's Arguments Defendant argues that§ 212.049 of the Local Govermnent Code prevents the Town from regulating its building codes within its ETJ, but that is simply not the case. Two subchapters in Local Govermnent Code chapter 212 govern platting - subchapter A and subchapter B. See TEX. Loe. Gov'T CODE § 212.042.The Town is governed by subchapter A, including §§ 212.002 & .003. A municipality may also choose to be governed by subchapter B, the Development Plats statutes, which formerly applied only to the city ofHouston. 2 Development plats in subchapter B are different than the traditional plats in subchapter A. To be governed by subchapter B (in which § 212.049 is located), the provisions of subchapter B have to be specifically invoked and affirmatively adopted by ordinance. TEX. Loe. Gov'T CODE § 212.041. The Town has not adopted subchapter B, so its provisions simply do not apply. 3 Defendant also argues that § 214.212, by requiring adoption of the International Residential Code, somehow limit a Texas municipality's building codes' authority to its city limits only. See defendant's trial brief, p.7. This interpretation is not in the language of §214.212; however, the Legislature does state under a section titled "Time for Issuance of As first enacted, this law was applicable to any "unzoned city" with a population exceeding 1.5 million. See BROOKS, TEXAS MUNICIPAL LAW AND PRACTICE §21.03 11. 78, citing Acts 1985, 69 1h Leg., p. 2187, ch. 568.

Development plats deal with developing and construction of prope11y that is not subdivided. Here, the Prope1fy has been subdivided by plat. So, development platting rules are not applicable to the Property, even if the Town had adopted subchapter B.

Municipal Building Permit:" This section applies only to a permit required by a municipality to erect or improve a building or other structure in the municipality or its extraterritorial jurisdiction.

TEX. Loe. Gov'T CODE § 214.904(a) (emphasis added). The defendant's interpretation also runs afoul of the Legislature's express handling of adoption of residential building codes in a municipality's extraterritorial jurisdiction. TEX. Loe. Gov'T CODE § 253. l 53(a), (c ). If Texas municipalities are unable to extend building codes and subdivision rules to their ETJ, as defendant contends, then these provisions written by the Texas Legislature would be both futile and useless. The defendant's argument runs afoul of settled statutory construction and the Texas Legislature. See City of LaPorte v. Barfielcl, 898 S.W.2d 288, 292 (Tex. 1995) (citing Chevron Co1p. v. Redmon, 745 S.W.2d 314, 316 (Tex. 1987))(courts "will not read statutory language to be pointless if it is reasonably susceptible of another construction."). Acker v. Tex. Water Comm'n, 790 S.W.2d 299, 300 (Tex. 1990); Hunter v. Fort Worth Cap. COip., 620 S.W.2d 547, 551 (Tex. 1981)( "the legislature is never presumed to do a useless act."). Hunter v. Fort Worth Capital Co1p., 620 S.W.2d 547, 551 (Tex. 1981) (a cardinal rule of statutory construction is that the legislature is never presumed to do a useless or meaningless act.). Sections 214.904 and 233.153(c) are specific authority that building codes applied through permitting are authorized in the ETJ. The defendant's argument is without merit. It should also be declined for a second reason - it is contrary to the established principle that the public interest to be favored over any private interest. TEX. Gov'T CODE § 311.021(5). Thus, the Town's ability to enforce its subdivision regulations and building codes, to promote and protect the health, safety, and welfare of persons in the Sunrise Bay subdivision should be, by statute, favored over any single property owner in the Sumise Bay subdivision. If defendant's argument prevailed, a single property

owner's interest would predominate over the interest of all Texas municipalities. This is not, and should not, be the law. The position advocated by the defendant runs counter to the Texas Legislature's enactment and statutory intent.

4. Other Statutes Support Lakewood Village Indeed, other statutes plainly demonstrate that Texas municipalities have the authority to regulate in their ETJ. 4 For example, § 233.153(c) of the Local Government Code allows municipalities to regulate their building codes in the extraterritorial jurisdiction, to the exclusion of counties. Denton County has recognized by unanimous court order that:

[I]f ... construction occurs in the extraterritorial jurisdiction of a municipality that has adopted a building code for the municipality's extraterritorial jurisdiction, the building code adopted by the municipality controls[,] and building code standards under Subchapter F of Section 233.153 of the Texas Local Government Code [applicable to Texas counties] have no effect in that municipality's extraterritorial jurisdiction." DENTON COUNTY COMM. COURT ORDER No. 10-0045 (emphasis added). See Exhibit H. The Denton County Court Order tracks exactly the language of Local Government Code § 233.153(c): Subchapter F. Residential Building Code Standards Applicable to Unincorporated Areas of Certain Counties If a municipality located within a county to which this subchapter applies 5 has adopted a building code in the municipality's extraterritorial jurisdiction, the building code adopted by the municipality 6 controls ....

In contrast to subdivision regulation po,ver, and for clarification, Texas n111nicipalities do not possess the statutory authority to zone prope11y (i.e., regulate the height, number, bulk or size of buildings) in their ETJ.

Tex. Loe. Gov'! Code § 212.003(a)(l)-(5). The legislative history of House Bill 3187, which amended Section 212.003, stated it "prohibits the application of zoning regulations in ETJ areas." COMMITTEE ON URBAN AFFAIRS, BILL ANALYSIS, Tex. H.B. 3187, 71st Leg., R.S. (1989).

Subchapter F applies to a county with a population of more than I00 or has adopted the provisions of Subchapter F.

It is clear that the legislature refers to a municipality in a general sense, not solely a home-rule city to the exclusion of general law cities. When a statute only applies to a home-rule city, the legislature so indicates.

Compare § 217.041 ("applies only to a home-rule municipality") with § 217.021 ("applies only to a Type

TEX. Loe. Gov'T CODE §§ 233.153(c), 152. Denton County recognizes this standard.

The Denton County Department of Public Works, Engineering Division, issued a Notice to "Home Builders" and "Home Buyers" stating: Building in the Extra Territorial Jurisdiction ("ETJ") If you are building in the ETJ of a municipality that has adopted a building code for the municipality's ETJ, then the builder follows the municipality's codes.

See Exhibit I (emphasis added). Thus, there are multiple statutory bases for Lakewood Village to enforce its development rules and building codes in its ETJ.

5. City o(Boerne Is Inapplicable Defendant cites the case of City of San Antonio v. City ofBoeme for the premise that the authority of a county does not extend beyond the express grant of a statute regarding roadway annexation.! I! S.W.3d 22 (Tex. 2003). Beorne is distinguishable. This case has nothing to do with a county's abilities or with a county's roadway power. It is also distinguishable because the issue in Boerne was one of general control versus a specific annexation authority. The Court in Boerne noted that "petitioning a municipality to annex portions of county roads is unrelated to a commissioner's comi's specific duty to ensure safe travel." Id. at 28-29. Beorne is a red herring. This case deals with the exercise of authority to ensure safe construction by enforcement of building codes for the safe, orderly, and healthy development of the municipality in its ETJ, as authorized by TEX. Loe. Gov'T CODE § 212.002, .003, and to promote and protect the general health, safety, and welfare of persons residing in and adjacent to a municipality in the ETJ, as authorized by TEX. Loe. Gov'T CODE§ 42.001. In other words, the issues are related. The idea espoused by defendant that Boerne implicitly overrules, without

B general-la\v n1unicipality 1 '). Additionally, 1nunicipality" is defined as "a general-la'v 111unicipality, hotne-rule

municipality, or special-law municipality." TEX. Loe. Gov'T CODE§ 1.005(3).

mentioning, City ofLucas is nonsensical.

6. City ofLucas And City of Weslaco Are Controlling The case involving the City of Lucas applying its building codes to the ETJ is directly on point. City of Lucas v. North Texas Municipal Water District, 724 S.W.2d 811 823 (Tex. App.-Dallas, 1986, writ ref. n.r.e.). Lucas, a general law town, applied its city ordinances involving subdivision rules to its ETJ. The North Texas Municipal Water District sought to construct a wastewater treatment plant on a 75 acre tract within Lucas's ETJ. The water district argued that Luca's subdivision rules did not apply to its ETJ. The Dallas Couti of Appeals disagreed. Id. at 817. It held that the former TEX. REV. Civ. STAT. ANN. art. 970a §4 confers authority upon a city to extend its subdivision ordinances into its ETJ. Id. at 817, 823. A1i. 970a §4 stated: "the governing body of any city may extend by ordinance to all of the area under its extraten-itorial jurisdiction the application of such city's ordinance establishing rules and regulations governing plats and subdivisions of land." Id. at 817. This is the same enabling language of§§ 212.002 & .003 of the Local Government Code under which the Town derives its authority. Lucas specifically holds that "ordinances regulating development, such as those specifying design, construction and maintenance standards, may be extended by a city into its extraterritorial jurisdiction." Id. at 823. Notably, the Dallas Court of Appeals stated: Were we to hold that building standards are not contemplated by article 970a, we would be left with a statute that grants authority over the laying out of streets, alleys and lot boundaries, but precludes authority over the most important paii of a subdivision. Consequently, we conclude that the power over subdivisions conferred by article 970a necessarily or fairly implies a right to issue regulations governing construction of housing, buildings, and the components thereof. Id. at 823-824.

The Corpus Christi Court of Appeals came to the same conclusion in City of Weslaco v. Carpenter, 644 S.W.2d 601, 603 (Tex. App.-Corpus Christi 1985, writ refd n.r.e.). The city of Weslaco sought to permanently enjoin a landowner from constructing a mobile home park

II located within the ETJ. Weslaco had extended its subdivision rules to the ETJ, including for "construction," "permits," "licensing," and "inspections." Id. at 602. Art. 970s [now, §§ 212.002 & .003 of the Local Government Code] authorized rules regarding "subdivision of land" to be extended to the ETJ. Id. at 602. Because the word "subdivision" is not defined by statute, the Corpus Christi court found: "The normal, common-sense meaning of the term 'subdivision' is expressed in Black's Law Dictionary (5"' ed. 1979) as '[d]ivision into smaller patts of the same thing or subject-matter. The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions ofland for sale or development."' Id. at 603 (emphasis in original). The court noted that it had similarly found in Co1pus Christi v. Unitarian Church, 436 S.W.2d 923 (Tex. Civ. App. - Corpus Christi 1968, writ refd n.r.e.) that "subdivision of land" includes for development pwposes. Id. at 603. It was also important that the provision of subdivision rules in the ETJ comported with the legislative findings "to promote and protect the general health, safety and welfare of persons residing within and adjacent to cities of the state .... " Id. at 603.

The Corpus Christi court, finding that Weslaco's subdivision rules apply to the ETJ, mandated that an injunction issue in favor of the city of Weslaco, as: The injunction sought by [Weslaco] arises not only from proper interpretation of pe1tinent statutes and ordinances but also as a valid exercise of [Weslaco's] police power, which by its very nature involves the regulation of subdivision development 'to prevent the use thereof in a manner that is detrimental to the public interest. The police power may be loosely described as the power of the sovereign to prevent persons under its jurisdiction from conducting themselves or using their property to the detriment of the 'general welfare.' Id. at 604 (citations omitted). This same reasoning, the application of the Legislature's intent, and the exercise of police power applies to this case. 7

Notably, the defendant has no contrary authority to Lucas and Weslaco on point.

7. Valid Exercise Of Police Power All property is held subject to the valid exercise of the police power. See City of College Station v. Tul'fle Rock Corp., 680 S.W.2d 802, 804 (Tex. 1984); Woodson Lumber Co. v. City of College Station, 752 S.W.2d 744, 746 (Tex.App.-Houston [!st Dist.] 1988, no writ). A city may enact reasonable regulations to promote the health, safety, and general welfare of its people.

Turtle Rock Corp., 680 S.W.2d at 805. The United States Supreme Court has stated, "government regulation - by definition - involves the adjustment of rights for the public good.

Often this adjustment curtails some potential for the use or economic exploitation of private property." Andrus v. Allard, 444 U.S. 51, 65 (1979). As Justice Holmes stated in Pennsylvania Coal Co. v. Mahon, 260 U.S. 393, 413 (1922): "Government hardly could go on if, to some extent, values incident to property could not be diminished without paying for every such change in the general law. As long recognized, some values are enjoyed under an implied limitation, and must yield to the police power." Many Texas municipalities extend the application of their subdivision regulations to their ETJ. See City of Fate, Code of Ordinances § 38-2; City of Heath, Code of Heath§ 158.01; City of Double Oak, Code of Ordinances§ 10.101; City of Highland Village, Highland Village Subdivision Ordinance § I. I; City of Copper Canyon, Copper Canyon Subdivision Ordinance § 1.1. 8 It is entrenched in Texas

Texas courts have repeatedly upheld the ETJ subdivision regulation principle in other contexts. In City of Austin v. Quick, 930 S. W.2d 678 (Tex. App. - Austin 1996), the Austin court of appeals upheld the city of Austin's application of its watershed pollution standards as regulations to the ETJ. This holding was affirmed by the Texas Supreme Court. Quick v. City of Austin, 7 S.W.3d 109 (Tex. 1998). This same principle has also been acknowledged by the federal Fifth Circuit Court of Appeals in New Orleans. FM Properties Operating Co. v. City of Austin, 93 F.3d 167, 170 '" 2 (5th Cir. l996)("Texas law allows municipalities to enact water quality standards applicable to the preservation and development of lands outside of the municipalities' corporate limits, in an area referred to as the municipalities" extraterritorial jurisdiction"). In levy v. City of Plano, 2001 WL 1382520 (Tex. App. -Dallas 2001, no pet.), the Dallas Comi of Appeals stated the city of Piano's subdivision regulations applied to the ETJ. In Milestone Potranco Dev. v. City of San Antonio, 298 S.W.3d 242, 245 (Tex. App. - San Antonio 2009, pet. denied), the San Antonio Court of Appeals upheld the city of San Antonio's tree preservation ordinance to the ETJ because it promoted the health of the municipality and healthful development of the con1n1unity.

jurisprudence that a city may, as a valid exercise of its police power, enact reasonable regulations for the purpose of promoting the health, safety, and general welfare of its people. City of Brookside Village v. Comeau, 633 S.W.2d 790, 792 (Tex. 1982), cert. deniecl, 459 U.S. 1087 (1982); City of College Station v. Turtle Rock C01poration, 680 S.W.2d 802, 805 (Tex. 1984); Ex parte Woodall, 154 S.W.3d 698, 702 (Tex.App.-El Paso 2004, pet. ref'd). Such police power occurred here. Lakewood Village extended its subdivision rules to the ETJ as a valid exercise of police power. The subdivision rules should be enforced.

IV.

DEFENDANT HAS NO VESTED RIGHTS Defendant insists that he has accrued vested rights in a plat filed with Denton County in 1995, which would allegedly exempt Defendant from the Town's building regulations. For this theory, defendant relies on Tex. Loe. Gov't Code§ 245.002(b): "A project that requires a series of permits or approvals in order to reach completion is to be governed by the rules in effect at the time of the first permit in that series .... " Tex. Loe. Gov't Code §245.002(b). The defendant's theory is misplaced for several reasons: the county does not regulate building, plumbing, mechanical, and electrical safety and would therefore leave the area subject to little regulation or oversight whatsoever; the plat was never submitted to Lakewood Village; and Lakewood Village's building codes are exempt from the vested rights statute.

1. The Town's Building Regulations Are Exempted From The Vested Rights Statute Texas has a vested rights statute in Local Government Code chapter 245. It does not apply here. Preliminary plans and related subdivision plats, site plans, and all other development permits for land covered by the preliminary plans or subdivision plats must be considered

collectively to be one series of permits for a project. TEX. Loe. Gov'T CODE§ 245.002(b); Save Our Springs Alliance v. City of Austin, 149 S.W.3d 674 (Tex. App.-Austin 2004, no pet.); Tex. Atty Gen. op. JC-0425 (2001). The term "project" is defined in chapter 245 as an "endeavor over which a regulatory agency exerts its jurisdiction and for which one or more permits are required to initiate, continue, or complete the endeavor." TEX. Loe. Gov'T CODE§ 245.001. A plat for the Sunrise Bay subdivision was filed and approved by Denton County and the town of Little Elm in 1995. The plat was never filed with, or approved by, Lakewood Village. The plat's existence was not known by the Town until this lawsuit, some 19 years later. Defendant claims that the plat is the first permit in a series of permits. See defendant's trial brief, p. 11. At least one court has determined that the subdivision or platting of land is a different project than the vertical construction on existing lots like building permits. FM Properties Operating Co. v. City of Austin, 93 F.3d 167 (5 1h Cir. 1996)(interpreting former Tex. Gov't Code Ch. 481, the predecessor to Tex. Loe. Gov't Code Ch. 245, which states the same language). The Court in City of Austin reasoned: If any action were to freeze development regulations ... a developer would not have to build in accordance with the latest building, fire, plumbing, mechanical, or electrical codes, but would be permitted to build under codes that might be years old. In addition, the developer would not be required to comply with drainage and watershed regulations. This would result in shoddy development and create an obvious public safety problem which could expose the developer, and possibly the City, to liability for personal injury. This result is contrary to the public interest in health, safety, and welfare. Id at 170.

The necessity for this theory of outdated building codes was called into question by the Hartsell case on which the defendant relies. Hartsell v. Town of Talty, 130 S.W.3d 325 (Tex.

App.-Dallas 2004, reh. den.). 9 The Dallas Court of Appeals stated regarding the concern of using outdated building codes, "Chapter 245 addresses this concern in other sections .... See Tex. Local Gov't Code Allll. § 245.004-245.005(Vernon Supp. 2004)(Chapter 245 does not apply to permits more than two years old for construction of building for human occupation where regulation at issue adopts only uniform building or similar code ... )." Id. at 328. Section 245.004 provides exemptions to the applicability of Chapter 245. For example, § 245.004 states: "§ 245.004 Exemptions This chapter does not apply to: ( 1) A permit that is at least two years old, is issued for the construction of a building or structure intended for human occupancy or habitation, and is issued under laws, ordinances, procedures, rules or regulations adopting only: (A) Uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization; or (B) Local amendments to those codes enacted solely to address imminent tlu·eats of destruction of property or injury to persons; TEX. Loe. Gov'T CODE § 245.004. Assuming, for purposes of argument, that the Town is bound by a plat it had no notice of, then the plat from 1995 is the first permit in a series of permits, as required by § 245.002(b), is well over two years old and would be subject to the Town's current building codes. The Town adopted the International Residential Code, Building Code, Plumbing Code, Mechanical Code, Energy Code, Fuel and Gas Code, Property Maintenance Code National Electrical Code, International Fire Code and applied all of these uniform codes to its extraterritorial jurisdiction via Ordinance No. 10-01. These codes are uniform codes as described in § 245.004(l)(A), which were adopted by the International Code

Significantly, Hartsell held that "ordinances regulating development, such as those specifying design, construction and maintenance standards may be extended into a city's extraterritorial jurisdiction''. Id at 328.

Council. Several of these codes and ordinances address imminent threats of destruction of property or injury to persons as well. For example, Ordinance 11-16 is a local amendment to the National Electric Code and provides that the conductors used to conduct current must be a minimum size of 12 AWG copper. See Ord. No. 11-16(p. 22), Sec. 8, Ch. 33, Sec. E3306.2. This is a stricter guideline than the IRC made for safety to prevent imminent destruction and personal injury. The County does not regulate this issue, so absent the Town's regulation, it would be unregulated. Likewise, Section 245.004(11) exempts "regulations to prevent the imminent destruction of property or injury to persons .... " if the regulations do not affect zoning issues.

The Town's regulations have nothing to do with zoning issues and are made to promote the public health, safety, and welfare of the citizens of the Town and the extraterritorial jurisdiction of the Town. See preamble, Ordinance No. 10-01. Another exemption,§ 245.004(6) allows fees imposed in conjunction with development permits. Lakewood Village charges fees for building permits within its ETJ that are necessary to offset the costs of this regulation. All fees are exempt from the vested rights statute.

2. Defendant Cannot Claim Rights To Regulations To A Permit Never Issued By The Town, And The Town Had No Notice Of The Plat The Hartsell case, on which defendant relies, is futther distinguished because it involves a plat filed with the town of Talty and building regulations of the same town. In Hartsell, the town of Talty had an ordinance in place regulating the filing of plats. 130 S.W.3d at 326. The developer filed a plat with the Town, which the Town first approved on January 10, 2001. Id. The town subsequently enacted an ordinance extending its building codes into its ETJ effective December 1, 2002. Id. The developer then filed a lawsuit against Talty seeking declaratory relief that it was not subject to the building code ordinance, which the court agreed. This set of facts is completely different from the present case. First, in Hartsell the plat was only one year old when

the ordinance was passed so the exemption in under§ 245.004 (1) did not apply; whereas, in this case, the exemption plainly applies. Second, the plat in this case was with the County and Little Elm, not with the Town, which is a different regulatory agency under§ 245.002.

Section 245.002(a) states "[e]ach regulatory agency shall consider the approval.. .. " This indicates that there is a difference for filing with each regulatory agency. In Shumaker Ente1prises, Inc. v. City of Austin, the Austin Couti of Appeals ruled that filing an application with one regulatory agency (in Shumaker it was the county, as here), does not "freeze" or "vest" the regulations as to another regulatory agency (in Shumaker it was the city, as here). 325 S.W.3d 812 (Tex. App.-Austin 2010, no pet.). 10 The court stated, "under the plain language of the statute, therefore, the City must consider the application for a city permit solely on the basis of the requirements in effect at the time the application to the city was filed." Id. at 815.

Defendant filed a permit application with the Lakewood Village on January 27, 2014. Under§ 245.002(a) and Shumaker, Lakewood Village is entitled to enforce its current regulations under the vested rights statute.

The Austin Court in Shumaker additionally held that the filing of the permit with a different regulatory agency does not provide fair notice to another regulatory agency as required under the vested rights statute. 325 S.W.3d at 815. Not only did the defendant's predecessor developer file the plat with a different regulatory agency, but it failed to give the Town fair notice of the plat. Under chapter 245, vested rights only accrue on the filing of an original application or plan for development or plat application that "gives the regulatory agency fair The Dallas Court of Appeals rejected an owner's somewhat similar vesting argument in 2218 B1J•an St., Ltd v. City of Dallas, 175 S.W.3d 58 (Tex. App.-Dallas, pet denied). The B1J•an case involved an owner who submitted an application for demolition during a moratorium while the city of Dallas was contemplating an historic overlay district. The district was passed and Dallas denied the application.

There was no vesting because the original permit application was not "accepted" and therefore not "filed" as required by Chapter 245. Id Because the 1995 plat was never filed with the Town, it did not provide an avenue for vested rights with the Town.

notice of the project and the nature of the permit sought." TEX. Loe. Gov'T CODE § 245.002(a- 1). When the plat was filed in 1995, the Town was never given any type of notice regarding the plat filing or project at Sunrise Bay. Pursuant to§ 245.002(a-1), the Town is not bound by any 1995 vested rights under the plat.

Stated simply, defendant's interest to pursue claimed property rights that are 19 years old is barred as a matter of law by Chapter 245.

v. THE TOWN'S BUILDING PERMIT FEES ARE A PERMISSIBLE LICENSE FEE Defendant complains that the building permit and inspection fees assessed by the Town are an unconstitutional tax. See defendant's trial brief, p. 12. The Town objects to this issue as it has no relevance to injunctive relief. TRE 402. lfthe defendant files a counterclaim assetting this claim for relief, 11 it should be heard during the course of the case (or the case could be removed to U.S. District Coutt if federal constitutional claims are made). The claim for affirmative relief currently has no place at the injunction hearing.

If the Court is inclined to rule on the constitutionality of the Town's building permit fees at a temporary injunction hearing, the Town is prepared to offer evidence that its fees are constitutional. At the beginning, statutes or ordinances imposing a license fee under police power are primafacie valid, and presumed to be reasonable. City of Forth Worth v. Gulf R~fining Co., et al., 83 S.W.2d 610, 618 (1935); City of Houston v. Harris County Outdoor Adver. Ass'n, 879 S.W.2d 322, 326 (Tex. App.-Houston [141h Dist.] 1994, writ denied), and the defendant as the Often, these claims are affirmatively assetted by property owners as plaintiffs. See Lowenberg v. City qf Dallas, 261 S.W.3d 54 (Tex. 2008)(owners and operators of commercial buildings sued for unconstitutional taking under federal and state constitution for fire registration fee); Hmper v. City of Wichita Falls, 105 S.W.2d 743 (Tex. Civ. App. - Fort Wmth 1937 (propetty owner sued city for enjoin enforcement of its ordinances and fees thereunder); El Paso Apt. Ass'n v. City of El Paso, 415 Fed. Appx. 574, 2011 WL 811680 (5 1h Cir. 201 l)(owners and managers of apartinent coinplexes sued for federal constitutional claiins and injunctive relief);. These claiins are also at tilnes certified by a cornt of appeals to the Supreme Court. See Hurt v. Cooper, 110 S.W.2d 896 (1937)(Dallas Court of Appeals cettified 6 questions to be answered by the Supreme Court).

party attacking the fee has the burden to offer evidence to suppo1i this affirmative claim. See City of Forth Worth v. Gulf Refining Co., et al., 83 S.W.2d at 619 (1935); El Paso Apt.

Association v. City of El Paso, 415 Fed. Appx. 574, 2011 WL 811680, *581 (5"' Cir. 201 l)(it is party attacking the fee's burden to show that the exaction bears no reasonable relationship to the duties to be performed by the city and its officers).

The Texas Constitution, art. VIII sec. I (f) contains no provisions specifically limiting the amount of a licensing fee which may be imposed but the charge must be sufficient that such a charge is "reasonable for purposes of regulation when tested by general constitutional guaranties." City of Fort Worth v. Gu(( Refining Co, 83 S.W.2d at 619. The Supreme Comi has acknowledged that "it is sometimes difficult to determine whether a given enactment should be classified as a regulatory measure or as a tax measure." Hurt v. Cooper, 130 Tex. 433, 110 S.W.2d 896, 899 (1937). The principle of distinction generally recognized is that, ifthe primary purpose of the fee is for regulation, then it is a permissible regulatory fee; however, if the primary purpose of the fee is to raise revenue, then it is an unconstitutional occupation tax, regardless of the name by which it is designated. Hurt v. Cooper, 110 S.W.2d at 899; City qf Forth Worth, 83 S.W.2d at 617; City qf Houston, 879 S.W.2d at 326. The critical issue is whether the fee is intended to raise revenue in excess of that reasonably needed for regulation.

Tex. Boll Weevil Eradication Found., Inc. v. Lewellen, 952 S.W.2d 454, 461 (Tex. 1997); see City qf Houston, 879 S. W.2d at 326 ("Before such legislation will be declared void, the unreasonable and oppressive nature of the exaction must be clearly apparent from the record.").

If the actual conferral of regulatory authority shows that the charge was intended primarily for regulation, then it will be characterized as a license fee rather than taxes. TracFone Wireless, Inc., v. Commission on State Emergency, 397 S.W.3d 173 (Tex. 2013). Here, the Town's

building permit and inspection fees are calculated based on the cost recovery for direct labor costs for these services, materials in administering the permits, and administrative overhead costs for services, computers, utilities, etc. attributable to permitting and inspections. Just considering inspections alone, over 13 separate inspections are required by the Town during the construction of an approximate 10,000 square foot residential strncture on the Property. Together, all of these costs are $2.00 per air-conditioned square foot. The Town's fees have a direct relationship between the fees charged and the services provided, and the fees are reasonably necessary to cover the costs of regulation. Therefore, there is no unlawful occupation tax under Article VIII, Sec. 1(f) of the Texas Constitution VI.

PRAYER A municipality is entitled to injunctive relief in district court to enjoin the violation of municipal ordinances or codes applicable in the ETJ. Tex. Civ. Prac. & Rem. Code§ 212.003(c).

The defendant is violating the Town's ordinances and building codes, and therefore, the Town is entitled to injunctive relief. The Town seeks all other legal and equitable relief to which it is entitled.

Respectfully submitted,

WM. ANDREW MESSER STATE BAR No. 13472230 [email protected] JENNIFER W. DECURTIS STATE BAR No. 24045767 [email protected] BRENDA MCDONALD STATE BAR No. 14993300 brenda@txmunicipalla\v.com MESSER ROCKEFELLER & FORT, PLLC 6351 PRESTON ROAD, SUITE 350

FRIBCO,TEXAS75034 972.668.6400-TELEPHONE 972.668.6414 - FACSIMILE Counsel for Plaintiff Town ofLakewood Village

CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing brief was served on counsel of record in this case via e-service and email on April 14, 2014.

Wl\1. ANDREW MESSER

Exhibit A

. r>-01 Resolution - Exhibit A

TOWN Of<-, I ' AK . •Fv\/000 , Mt\PVII_, LAGE 01~ FICIAL

Oak Point Little Elm City Limits Onl< Point ETJ l City Limits I I

) Little Elm ETJ ~ I 1r ••

R~solut101 • 1 J ?-O - I Ol'iicial ivlnp J>ngc 2 of 2

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~ittie Elm .-- - -- 1.

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Exhibit B

FORMS SURVEY ([ 3%0 Spinnaker Run Pointe JJ I I I j : / tor 82 ___. ...- Subdivision jj / _.-__ . .- """ / Boundary •.t.R)._·~· r :I L ot 83 ''" !>22' T_ "-. Dev Ji"1e ,-_., ~ ;tj;I I m.t sn ...X ~ ~- ; l:J I/ 9' "io "'~ mrr ·, ~ - - ·~J.l.R. ~~ "~1 a/. it;:: .,.. §.1 I B 585.8 S 43020'43" __ - -- - - ~ ··~-- B~.. -~ , , ... J _ , ~ ....... ""1 I Q ti\f I - - -- - - __ __. • - - __. - o.o· -- 20.1 ' - --->t- - ' ' - .2 . '" 0 :<: 1 .,. , - I - - ( ) '1m1.. d< DR~~...- - - - - - : - • - ,.22.6' r:kof '_ ' , <,, 0.. _ ~':: '------lfo:t~i:;,.JiB.tic.~,__ - .22.1 4' .., - 91.e' ' · ,.._ , <.Pa 're><: 0 ~ ~ F.l.R+- -- -- - - -304.6' b i+O' .0 . ., , 9'o <'i ._. <'.(..$' z ~ ici • ~ n -...,JJ.6 ' ·' ... ~- ~<I'~~ :::> e " ~~-- ('~ ~ ~ ~I I i1:~i Zone "X" : ,.,,orrom"•:<>11n.1· '~~~-.2~0'\, .;. ~ rv> ~: / 109,072 sq. ft. (Unshaded) ---- ------------ ) ' ' ·o:: ~~ ~I / 2.50 acres /------- - ---- '~~ ~ j ~f; : ~ / _- !,' '~"e"AE" L- "----4---· "'.:,'~;,:;.';<.:;" :%."/ ' ,~, z"'"' .._.+=--....w.:.~m.1t R1Wo,~r. - . ------ - - - r-:.. I-- - - unr _.._ - - - -·- fn" - - - - - - - - - - - , ' ~, ::: F.l.R. I -- -:.II!- ~ 11!!!!!}. fJfi!!£r. ,__ - -~-----r--- -• --------- Q... : N34°54'll"W295.77' - - N38°21'36"W491.89' P.f.R. ~, --- ~ ~,;g:· ... ------------•• •-\ '" / I ~ \ Subdiv1s1on \ v 4 \ Boundary U.S.A. / • L ot 85 / Lake Lewisville Resorvoir ~ ·, D;1tc: 03 V1 J.J ASC N o. 140J7S Drown/Cb!< L.O. I D.L.A.

PROPERTY DESCRIPTION: Lot 84, Block l of Sunrise Bay at La.kc Lewisville, an addition to the Town ofLinle Elm.

L.£(;"f. ND•C,M.• ConU'Ollitl$ M~i: FJ..R.• f.'o.drtonltod; , ,l.r,• Founli lmnf'ip.:; Denton County, Texas, according to lhe Plat !hereof recorded F.C.P~ Fftrec_,.~o·re-o~ EJttottk, $.LJt• Scl ito9 Rods ltr d·~ .....~ in Cabinet L, Page 224, Plat Records of Denton Co\lllty, Texas. yclk).t.· ci,Jl11~•Mbu:SUl''l'e)'i"C,~... Atl (ouudiron l\'llh MC l/l" ~..lbt Ollwl'wiwlGOll. - • - {(Ned { posl) - OHC - (vowl!Glld~) •1.000 i"'O'ff..: It Is "'1 ~ dut Ille- ptOFmy1bcn),Qd ~ is.PJfli;tllylt'iOIJ" Qe: tt»..,.ntf\ood'tOMoot0tc'C'Ol\l.nct.o1tcrdenl~M:iiu~111.~FlooJ tmllrllpClc R• e M•p eoi.tl~r.d Nci..fll ISl a.ill Q. pn:to.-.. El'f~-nl..c 0..11: oft1"1p April IS.lOl l,hcrcia~Ut11i1edwilt!in 7..oee·x:•cvrutodcd). 7.ooc"AE'"".

20140123 This product is ftlrinro:matlonal purposes ond mi!y not have been prepared for or be suilable for legal. tmgineering, or surveying purposes. It does not represent an on-the-ground survey and represents only tl'IC approlcimate 95 190 relative location of property boundanes Techriology C.enion County does not guaran!ec the ccrrectness or accuracy of any features on ihis product and ~erv1ces http://gis.dentoncounty.com <1ssumes no responsibility in connection tl1crc.>v1illl. @MMMi@ . . . . . ., This product may be revised at any time W.1Mut

no65cation IO any user.

This product is forinformal ionnl purposos and rray not have been prepared for or be auiteble for legal, onginoering, or surveying purposes. It does notrepresentnn on-the11round eurvey and represen1S only the approximate 80 160 rolalivs location of property boundaries.

Osnt:ln County does not ouarantaethe correc1ness oroc:curacy of any features on this product and http://gis. dentoncou nty.com assumes no rti"..ponsibility In connection therewith.

This product may be revised ot ony time without notificalion b any user.

Exhibit C

STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of the Plumbing Permit Application for 3964 Spinnaker Run Pointe dated April 18, 2013. The same appear ofrecord in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office.

I further certify that I arn the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawfu] possessor and keeper of the records in said office.

In witness whereofl have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014.

o___ EWooo ~VILLAGE PLUMBING PERMIT APPLICANT DATE LJ-1r--13 NAME ADDRESS PHONE

DESCRIPTION & DRAWING DESCRIBE WHERE THE PLUMBING WILL BE PLACED ON YOUR PROPERTY.

PLOT PLAN

··Cqprevent an outdoor slab fror:1 being placed < ' j~ting customer-owned (pnvate) undergro 'e :·such as in the case of sidewalks and open 'r:'.forohibition on piping within a slab is app ~$!c:ibs. Exceptions 1 and 2 relate to Sec s.ee the. commentary for that section ( j~ry~ Figure 404.14.1 ). ;rP~<.._.'.''-.... 1

Figure 404.11 GAS PIPING IN CONDUIT <I - - ~ UNDERGROUND BENEATH BUILDING • • <> • ·o. .

11. .~ . .,,.=. ·- . "". . contained in the manufacturer's installation instruc- is inserted in a piping material for fu~l\' tions. Gas outlets for CSST systems must be installed buildings. · i:;. with the termination fitting designed specifically for \ Figure 404.14.1 that purpose and provided by the CSST manufacturer. •!•Because of the potential hazard associat~' ~LLATION OF PLASTIC TO METALLIC PIPING '4.14 Plastic pipe. The installation of plastic pipe shall com- use of a material that has lower resistance}t r with Sections 404.14.1 through 404.14.3. damage and heat as compared to metallicp,'i nnections. Connections made outside-and unc lation of plastic pipe and tubing is limiteqtq':.: , een metallic and plastic piping shall be made c Thi~ section places restrictions on the location and op- are both outside of the building and und on fittings categorized as Category I in accorda 9rating pressur~s for plastic pipe in addition to stating Plastic pipe and tubing are widely use.d::.: 'n2sl3. nstallat1on requirements specific to plastic pipe. ground gas distribution systems because.oft of installation and inherent resistance· '<:{ to L14.1 Limitations. Plastic pipe shall be installed outside ·~,installation of plastic piping is allowed o Polyethylene (PE) pipe is the only allowatil• lerground only. Plastic pipe shall not be used within or both outside and underground, the same pipe for use with LP-gas, and the code us.erl ler any building or slab or be operated at pressures greater '",Int holds for joining plastic and metallic pipi1 to the referenced standard, NFPA 58, whiGi:l;, l 00 psig (689 k:Pa) for natural gas or 30 psig (207 kPa) for i9al compression joints use an elastor:iE that PE piping materials comply with A!?~ · gas. :must be compatible not only with the ~1p The exception makes it clear that if an eqµi¥ of physical protection is installed, plasticpjp. .but also with the gas that is conveyed in 1 ~xceptions: minate above ground outside of the buildirig.: j;ffhe manufacturer's instructions normally 1. Plastic pipe shall be permitted to terminate above mon practice for gas utility companies6:t se of ah internal stiffener insert in conjuncti ~~~:'..'fi#inrt +" ... :-,.J....J!.$..:--- 1 - · · - - __ ...1. '""T"'t. ··~t- . .~ ground outside of buildings where installed in pre-manufactured riser assemblies at theirfrne premanufactured anodeless risers or service head tinrtc Qr • .--h ~:---- ..... ·

adapter iisers that ;;u·"' 1nt:t"' 11,,;i ;~ ~~-----' - Steve Freeman From: Wayne Snell Sent: Wednesday, April 24, 2013 2:56 PM To: Steve Freeman Subject: IFGC

SECTION 403 (IFGS) PIPING MATERIALS 403.1 General. Materials used for piping systems shall comply with the requirements of this chapter or shall be approved.

403.2 Used materials. Pipe, fittings, valves and other materials shall not be used again except where they are free of foreign materials and have been ascertained to be adequate for the service intended.

403.3 Other materials. Material not covered by the standards specifications listed herein shall be investigated and tested to determine that it is safe and suitable for the proposed service, and, in addition, shall be recommended for that service by the manufacturer and shall be approved by the code official.

403.4 Metallic pipe. Metallic pipe shall comply with Sections 403.4.1 through 403.4.4.

403.4.l Cast iron. Cast-iron pipe shall not be used.

403.4.2 Steel. Steel and wrought-iron pipe shall be at least of standard weight (Schedule 40) and shalI comply with one of the following standards: 1. ASME B 36.10, IOM; 2. ASTM A 53; or 3. ASTM A 106.

403.4.3 Copper and brass. Copper and brass pipe shall not be used if the gas contains more than an average of 0.3 grains of hydrogen sulfide per I 00 standard cubic feet of gas (0.7 milligrams per 100 liters). Threaded copper, brass and aluminum-alloy pipe shall not be used with gases corrosive to such materials.

403.4.4Aluminum.Aluminum-alloy pipe shall complywith ASTMB24 I (except that the use of alloy 5456 is prohibited), and shall be marked at each end of each length indicating compliance. Aluminum-alloy pipe shall be coated to protect against external corrosion where it is in contact with masomy, plaster, or insulation, or is subject to repeated wettings by such liquids aswater, detergents, or sewage. Aluminum-alloy pipe shall not be used in exterior locations or underground.

403.5 Metallic tubiitg. Seamless copper, aluminum alloy and steel tubing shall not be used with gases corrosive to such materials.

403.5.l Steel tubing. Steel tubing shall comply withASTM A 254 or ASTM A 539.

403.5.2 Copper and brass tubing. Copper tubing shall comply with Standard TypeKor L ofASTMB88 orASTM B 280.

Copper and brass tubing shall not be used if the gas contains more than an average of0.3 grains of hydrogen sulfide per 100 standard cubic feet of gas (0. 7 milligrams per 100 liters).

403.5.3 Aluminum tubing. Aluminum-alloy tubing shall comply with ASTM B 210 or ASTM B 241. Aluminum- alloy tubing shall be coated to protect against external corrosion where it is in contact with masonry, plaster or insulation, or is subject to repeated wettings by such liquids

as water, detergent or sewage.

Aluminum-alloy tubing shall not be used in exterior locations or underground.

403.5.4 Corrugated stainless steel tubing. Conugated stainless steel tubing shall be listed in accordance with ANSI LC 1/CSA 6.26.

403.6 Plastic pipe, tubing and fittings. Plastic pipe, tubing and fittings used to supply fuel gas shalt be used outdoors, underground, only, and shall confo1m to ASTM D 2513. Pipe shall be marked "Gas" and "ASTM D 2513." 403.6.l Anodeless risers. Plastic pipe, tubing and anodeless risers shall comply with the following: I. Factory-assembled anodeless risers shall be rcconnnended by the manufacturer for the gas used and shall be leak tested by the manufacturer in accordance with written procedures.

2. Service head adapters and field-assembled anodeless risers incorporating service head adapters shall be recommended by the manufacturer for the gas used, and shall be designed and ce1tified to meet the requirements of Category I of ASTM D 2513, and U.S. Department of Transportation, Code of Federal Regulations, Title 49, Part 192.28l(e). The manufacturer shall provide the user with qualified installation instructions as prescribed by the U.S. Depattment of Transportation, Code of Federal Regulations, Title 49, Part l 92.283(b ).

403.6.2 LP-gas systems. The use of plastic pipe, tubing and fittings in undiluted liquefied petroleum gas piping systems shall be in accordance with NFPA 58.

403.6.3 Regulator vent piping. Plastic pipe, tubing and fittings used to connect regulator vents to remote vent tenninations shall be PVC confonning to UL 651. PVC vent piping shall not be installed indoors.

403.7 Workmanship and defects. Pipe, tubing and fittings shall be clear and free from cutting burrs and defects in structure or threading, and shall be thoroughly brushed, and chip and scale blown.

Defects in pipe, tubing and fittings shall not be repaired.

Defective pipe, tubing and fittings shall be replaced (see Section 406.1.2).

403.8 Protective coating. Where in contact with material or atmosphere exerting a con-osive action, metallic piping and fittings coated with a con-osion-resistant material shall be used.

External or internal coatings or linings used on piping or components shall not be considered as adding strength.

403.9 Metallic pipe threads. Metallic pipe and fitting threads shall be taper pipe threads and shall complywithASMEB 1.20. l.

403.9.1 Damaged threads. Pipe with threads that are stripped, chipped, con-oded or otherwise damaged shall not be used. Where a weld opens during the operation of cutting or threading, that pottion of the pipe shall not be used.

403.9.2 Number of threads. Field threading of metallic pipe shall be in accordance with Table 403.9.2.

403.9.3 Thread compounds. Thread Goint) compounds (pipe dope) shall be resistant to the action ofliquefied petroleum gas or to any other chemical constituents of the gases to be conducted through the piping.

403.10 Metallic piping joints and fittings. The type of piping joint used shall be suitable for the pressure-temperature conditions and shall be selected giving consideration to joint tightness and mechanical strength under the service conditions. The

joint shall be able to sustain the maximum end force caused by the internal pressure and any additional forces caused by temperature expansion or contraction, vibration, fatigue or the weight of the pipe and its contents.

TABLE 403.9.2 SPECIFICATIONS FOR THREADING METALLIC PIPE IRON PIPE SIZE (inches) APPROXIMATE LENGTH OF THREADED PORTION (inches) APPROXIMATE NUMBER OF THREADS TO BE CUT 1h 3/4 10 3/4 3/4 10 1/s 10 11/4 1 11 l 1h 1 11 1 Il 21h J1h 12 311/z12 ls/s13 For SI: I inch= 25.4 mm.

403.10. I Pipe joints. Pipe joints shall be threaded, flanged, brazed or welded. Where nonfenous pipe is brazed, the brazing materials shall have a melting point in excess of I ,000°F (538°C). Brazing alloys shal1 not contain more than 0.05-percent phosphorus.

403.10.2 Tubing joints. Tubing joints shall be either made with approved gas tubing fittings or brazed with a material having a melting point in excess of l,000°F (538°C).Brazing alloys shall not containmore than 0.05-percent phosphorus.

403.10.3 Flared joints. Flared joints shall be used only in systems constructed from nonfenous pipe and tubing where experience or tests have demonstrated that the joint is suitable for the conditions and where provisions are made in the design to prevent separation of the joints.

403.10.4 Metallic fittings. Metallic fittings shall comply with the following: 1. Threaded fittings in sizes larger than 4 inches ( 102 mm) shall not be used except where approved.

2. Fittings used with steel or wrought-iron pipe shall be steel, brass, bronze, malleable iron or cast iron.

3. Fittings used with copper or brass pipe shall be copper, brass or bronze.

4. Fittings used with aluminum-alloy pipe shall be of aluminum alloy.

5. Cast-iron fittings: 5.1. Flanges shall be permitted.

5.2. Bushings shall not be used.

5 .3. Fittings shall not be used in systems containing flammable gas-air mixtures.

5.4. Fittings in sizes 4 inches (102 mm) and larger shall not be used indoors except where approved. 5.5. Fittings in sizes 6 inches (152 mm) and larger shall not be used except where approved.

6. Aluminum-alloy fittings. Threads shall not form the joint seal.

7. Zinc aluminum-alloy fittings. Fittings shall not be used in systems containing flammable gas-air mixtures.

8. Special fittings. Fittings such as couplings, proprietary- type joints, saddle tees, gland-type compression fittings, and flared, flareless or compression-type tubing fittings shall be: used within the fitting manufacturer's pressure-temperature recommendations;

used within the service conditions anticipated with respect to vibrntion, fatigue, thermal expansion or contrnction; installed or braced to prevent separation of the joint by gas pressure or external physical damage; and shall be approved.

403.1 1 Plastic pipe, joints and fittings. Plastic pipe, tubing and fillings shall be joined in accordance with the manufacturer's instructions. Such joint shall comply with the following: I. The joint shall be designed and installed so that the longitudinal p11ll-out 1·csistancc of the join! will be al le.1st cqunl to the tensile strength of the plastic piping nwlcrial.

2. l leat-fusion joints shall he made in accordance with qualified procedures that have been established and proven by test to produce gas-tight joints al least as strong as the pipe or lubing being joined. Joints shall be made with the joining method recommended by the pipe manufacturer. Heat fu sion fittings shall be marked "ASTM D 25 13." 3. Where compression-type mechanical joints are used, the gasket material in the fitting shall be compatible with the plastic piping and with the gas distributed by the system.

An internal tubular rigid stiffener shall be used in conjunction with the fitting. The stiffener shall be flush with the end of the pipe or lubing and shall extend at least to the outside end of the compression fitting when installed.

The sti ffener shall be free of rough or sharp edges and shall not be a force fit in the plastic. Split tubular stiffeners shall not be used.

4. Plastic piping joints and fittings for use in liquefied petroleum gas piping systems shall be in accordance with NFPA 58.

403.12 Flanges. All flanges shall comply with ASME 816.1 , ASM EB 16.20 orMSSSP-6. The pressure-temperature ratings shall equal or exceed that required by the application.

403.12.J Flange fac ings. Standard facings shall be permitted for use tmder this code. Where 150-pound {1034 kPa) pressure-rated steel flanges are bolted to Class 125 cast-iron flanges, the raised face on the steel flange shall be removed.

403.12.2 Lapped flanges. Lapped flanges shall be used only above ground or in exposed locations accessible for inspection.

403. l 3 f lange gnskets. Material for gaskets shall be capable of withstanding the design temperature and pressure of the piping system, and the chemical constituents of the gas being conducted, without change to its chemical and physical properties.

The effects of fire exposure to the joint shall be considered in choosing material. Acceptable materials include metal or metal-jacketed asbestos (plain or con-ugated), asbestos, and aluminum "O" rings and spiral wound metal gaskets. When a flanged joint is opened, the gasket shall be replaced. Full-face gaskets shal l be used with all bronze and cast-iron flanges .

If you have any questions or if I can be of any assistance please let me know.

Thank You Wayne K. Snell Jr., C.B.O., Building Official Development Services Town of Prosper www.prospertx.gov

STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of tickets for inspections perfo1med at 3964 Spinnaker Run Pointe dated April 23, 2013 through August 20, 2013. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office.

I fu1ther certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office.

In witness whereofI 11ave hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014.

LitldaiSlien, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas

uu NUT REMOVE TICKET FROM INSPECTION P~CKEl Project Address 3q b 4 Sf )'I"),~ tiJ1- Builder1s Name- - - - - - - - - - - - - Comments PASS FAIL

Re-lnsQection Fee R~quired Inspector Date YES NO

UV l~UI KtMOVE TICKET FROM INSPECTION PACKEl Project Address ,3lJ l ~ ,Sp m~ Builder's Name_ _ _ _ _ _ _ _ _ _ __

Comments FAIL

Inspector Date 5 I Re-lnsP.ection Fee R~auired YES NO

Kl:MOVE TICKET FROM INSPECTION PACKEl e, UV NUI Project Address 2>9 b 4 &p {Yl()(ili.g,,_ e ;:;t- f1 I

Bui Ider 1s Name- - - - - - - - - - - - -

Comments Type of Inspection P~S FAIL ~AtW . - .r~

Re-lnsP.ection Fee R~quired Inspector Date f)- 2.().; YES NO

Exhibit D

STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instmments are full, true and correct copies of the Pool Enclosure Permit Application for 3904 Spinnaker Run Pointe dated March 18, 2013. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office.

I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office.

In witness whereof! have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014.

Lil1da;\;en, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas

1\ !)p( \l) ~21,,. I Jq lj) INSPECTIONS copy· ,, ,......----.._ " -j{µ.t:_,~r(@LrNJ '•L it)"~ ff~~==----_ JFlEl~CCE JP>EJR.IVillI'f '-_LJ\J~JEWOOD d")5 •00 ..J>..., -- . ~=------VILLAGE AJI InstaUations Subjecr j To FieJcJ Jnsoections and DATE ____ I : ____ _ ___, I inspecto( ) \PP• uvaj I

PROf-'H ffV O W MER :!1H=ot~ M y\"fl!:OM l'JAME I ' - -· - - I . I '· -'·"· __.__ _ __ I , - .- - - -- I I _ I _:__ - - - - -- -- - ' I I I \ ' I. .

1! ' I I l I ADDRESS _ _ .:. - -!-- - .,- !;-- r··!...r··_;_ _,-__ _ •-- ·- ' _.',_t_ - - - - - - ·- -- ' PHONE - - -- - ' t I ·- I -·- . -- ---··- -·- ~ --·- ' !- - .'- ......, ·-- - COl\l'lnAC-W R Xl\J fORMt.\TltOl\J (I F .'Ji.PPL'.CCABU'.:) (Note: Contractor must register witl1 the Town) NAME _ ,_ J.L JLi.~1 ·-· -~ ···'~--· ·'- ·7 ·- ·· - ·- - - - -·-- - - - - - AD DRESS / I I ....- \, - ·°;-l-,l-!..!.---- . .' I! - - ( --. - -- I -/- -- · J. / • ' ' I ' •

PHONE ~f / 1~ -- ---~._~_il/ _·- - - FENCi: IS FENCE A POOL ENCLOSURE?( Y ~ r l\J (If yes, !~150 fee applies and must meet more stringent pool enclosu re guidelines to pass inspection) , I .

HEIGHT I ( LENGTH .'\ ' I/ Ii' I I ·/ / - ...:..:...,'-+•'' r- . I MATERIAL TO BE USED I/ . - - -- WATERFRONT PROPER1Y Y or N NOTE: Fence cannot impede 01· change drainage on property.

DE:SCtUPHOl\J & DRl.\W!i\IG DESCRIBE Wf-? RE THE FENCE WILL ~E PLACED ON ;ouR PROPERTY. - --L.)<...JL JI - t.;l:L\J~LL. .JJl.'.-. r_.LJJ•:-:. . ,,), --·_ , !.. (9,,) JC:.$ • ~~~41J- ' I /) cl r l.l I _ _i)c...:n ·1~.:..> p .:u'J. ( I ·-!L_,,J-°f __ ,)4('-'i.d-t b _6 . __L_l) tJ? / /(,., .·""( 76•/.tl • AJJ 11 .s;..c-Cil011S Shall Comply-with · 20D6 iRC Requtrernenc - ·- ·-- - -- ·- - ··-···-- ··- - - ·- - - - ·- &A:ctoptect-efdir=taftCes - - - -- - - - -- - - -- ----- --- - - -- - ·- -- ·- -- - - -

t ANDOJCAPf.: Tl INSPECTIONS COPY

INSPECTIONS COPY APPENDIXG SWIMMING POOLS, SPAS AND HOT TUBS SECTION AG104 SECTION AG101 SPAS AND HOT TUBS GENERAL AG104.l Permanently installed spas and hot tubs. Pelma· AG 101.1 General. The provisions of this nppendix shall con- nently installed spas and hot tubs shall be designed and con- trol the design and construction of swimming pools, spas and structed in conformance with ANSI/NSPI-3 as listed in hot tubs installcd in or on the lot of none- or two-family dwell- Section AG108. ing.

AG104.2 Portable spas and hot tubs. Portnble spns and hot tubs shall be designed and constructed in conformance with ANSl/NSPI-6 ns listed in Section AG108.

SECTION AG102 DEFINITIONS AG102.l General. For the purposes of these requirements, the SECTION AG105 terms used shall be defined ns follows and as set forth in Chap- BARRIER RJ:QUIREMENTS ter 2.

AGlOS.1 Application. The provisions of this chapter shall ABOVE-GROUND/ON-GROUND POOL. See "Swim· control the design of barriers for residential swimming pools, ming pool." spas and hot tubs. These design controls are intended to pro- vide protection against potential drownings and nenr- BARRIER. A fence, wall, building wall or combination thereof which completely surrounds the swimming pool nnd drownings by restricting nccess to swimming pools, spas and obstructs access to the swimming pool. hot tubs.

HOT TUB. See "Swimming pool." AGlOS.2 Outdoor swimming pool. An outdoor swimming pool, including an in-groua.d, above-ground or on-ground IN-GROUND POOL. See "Swimming pool." pool, hot tub or spa shall be surrounded by a barrier which shall comply with the following: RESIDENTIAL. That which is siiuated on the premises of a detached one· or two-family dwelling or n one-family town- 1. The top of the barrier shall be at least 48 inches (1219 house not more than three stories in height. mm) above grade measured on lhe side of the barrier which faces away from the swimming pool. The mnxi- SPA, NONPORTABLE. See "Swlnuning pool." mum vertical clearance between grade nnd the bottom of SPA, PORTABLE. A nonpermanent structure intended for the barrier shall be 2 inches (51 mm) measured on the recreational bathing, in which all controls, water-heating and side of the barrier which fnces away from the swimming water-circulating equipment are nn integml part of the product. pool. Where the top of the pool structure is nbove grade, such as on above-ground pool, the barrier may be at SWIMMING POOL. Any structure intended for swimming ground level, such as the pool st.ructure, or mounted on or recreational bathing that contains water over 24 inches (610 top of the pool structure. Where the barrier is mounted on mm) deep. This includes in-ground, above-ground and top of the pool structure, the maximum vertical clearance on-ground swimming pools, hot tubs nnd spas. between the top of the pool structure and the bottom of SWIMMING POOL1 INDOOR. A swimming pool which is the barrier shall be 4 inches (102 mm). totally contained within a structure nnd surrounded on all four 2. Openings in the banier sbnll not allow passage of a sides by the walls of the enclosing structure. 4-inch-diameter (102 mm) sphere.

SWIMMING POOL, OUTDOOR. Any swimming pool 3. Solid barriers which do not have openings, such as a which is not an indoor pool. masonry or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.

SECTION AG103 4. Where the bnrrieriscomposed of horizontal nnd verticnl SWIMMING POOLS members and the distance between the tops of the hori- AG103.1 ln·ground pools. In-ground pools shall be designed zontal members is less than 45 inches (1143 mm), the and constructed In confonnance with ANSI/NSPI-5 as listed in horizontal members shall be located on the swimming Section AG108. pool side of the fence. Spacing between vertical mem- bers shall not exceed 13/4 inches (44 mm) in width.

AG103.2 Above-ground and on-ground pools. Above- Where there nredecoratlve cutouts within vertical mem· ground and on-ground pools shall be designed and constructed bers, spacing within the cutouts shall not exceed 1% in conformance with ANSI/NSPI-4 ns listed in Section AGl 08. inches (44 mm) In width.

2006 INTERNATIONAL RESIDENTIAL CODE~ 609

APPENDIX G INSPECTIONS COPY 5. Where the brurier is composed of horizontal and vertical is not less than the protection afforded by Item members and the distance between the tops of the hori- 9.1 or9.2 described above. zontnl members is 45 inches ( 1143 mm) or more. spacing I0. Where un above-ground pool structure is used as a bar- between vertical members shall not exceed4 inches ( 102 rier or where the barrier is mounted on top of tlle pool mm). Where there are decorative cutouts within vertical structure, and the means of access ls a ladderorsteps: members, spacing within the cutouts shall not exceed l '14 inches (44 mm) in width.. 10.1. The ladder or steps shall be capable of being secured, locked or removed to prevent access; or 6. Maximum mesh size for chain link fences shall be n 21/~-inch (57 mm) square unless the fence has slats fog,. I0.2. The ladder or steps shall be surrounded by a tened al the top or the bottom which reduce the openings bartler which meets the requirements of Sec- to not more than 1 3/ 4 inches (44 mm). tion AG 105.2, Items 1 througb 9. When the lad- der or steps are secured, locked or removed, any 7. Where the barrier is composed of diagonal members, opening created shall not allow the passage of a such as a lattice fence, the maximum opening fanned by 4-inch-diameter (l 02 mm) sphere. the diagonal members shall not be more than P/4 inches (44mm). AG105.3 Indoor swimming pool. Walls surrounding an indoor swimming pool shall comply with Section AGI05.2, 8. Access gates shall comply with the requirements of Sec- Item 9. tion AGI05.2, Items 1through7, and shall be equipped to accommodate a locking devrce. Pedestrian access AGlOS.4 Prohibited locntions. Barriers shall be located to gates shall open outward away from the pool and shall be prohibit permanent structures, equipment or similar objects self-closing and have a self-latching device. Gates other from being used to climb them. than pedestrian access gales shall have a self-latching AGlOS.5 Barrier exceptions. Spas or hot tubs with n safety device. Where the release mechanism of the self-latch- cover which complies with ASTM F l346, as listed in Section ing device is located less than 54 inches (1372 mm) from AG 107, shall be exempt from the provisions of this appendix. the bottom of the gate, the release mechanism and open- ings shall comply with the following: 8.1. The release mechanism sliall be located on the SECTION AG106 pool side of the gote at least 3 inches (76 mm) ENTRAPMENT PROTECTION FOR SWIMMING below the top of the gate; and POOL AND SPA SUCTION OUTLETS 8.2. The gate and barrier shall have no opening larger AG106.l General. Suction outlets shall be designed to pro- than 1/ 2 inch (13 nun) within 18 inches (457 mm) duce circulation throughout the pool or spa. Single-outlet sys- of the release mechanism. tems, such ns automatic vacuum cleaner systems, or multiple suction outlets, whether isolated by valves or otherwise, shall 9. Where a wall of a dwelling serves as part of the barrier, be protected against user entrapment. one of the following conditions shall be met: AG106.:2 Suction fittings. Pool and spo. suction outlets shall 9.1. The pool shall be equipped with n powered safety have a cover that conforms to ANSI/ASME Al 12. 19.8M, or an cover in compliance with ASTM F 1346; or 18 inch x 23 inch (457 mm by 584 mm) drain grate orlarger, or D 9.2. Doors with direct access to the pool through that an approved channel drain system. wall shall be equipped witl1 an alarm which pro- Exception: Surface skimmers duces an audible warning when the door and/orits

I screen, if present, are opened. TI1e alarm shall be AG106.3 Atmospheric vacuum reliefsystem required. Pool listed in accordance with UL 20!7. The audible and spa single- or multiple-outlet circulation systems shall be alann shall activate within 7 seconds nnd sound equipped with atmospheric vacuum relief should grate covers continuously for a minimum of 30 seconds after located therein become missing or broken. This vacuum relief the door and/or its screen, if present, are opened system shall include et lenst one approved or engineered and be capable of being heard throughout the method of the type specified herein, as follows: house during normal household activities. The l. Safety vacuum release system confotming to ASME alarm shall automatically reset under all condi- Al 12.19.17; or tions. The alann system shall be equipped with a 2. An npproved gravity drainage system. manual means, such as touch pad or switch, to temporarily deactivate the alann for a single open- AG 106.4 Dual drain separation. Single or multiple pump cir- ing. Deactivation shall last for not more than 15 culation systems have a minimum of two suction outlets of the seconds. The deactivation switch(es) shnll be approved type. A minimum horizontal or verticnl distance of 3 located at least 54 inches (1372 mm) above the feet (914 mm) shall separate the outlets. These suction outlets threshold of tl1e door; or shall be piped so that water is drawn through them simulta- 9.3. Other means of protection, such as self-closing neously through a vacuum-relief-protected line to the pump or doors with self-liltchlng devices, which are pumps. approved by the governing body, shall be accept- AG106.S Pool cleaner fittings. Where provided, vacuum or able so long as the degree of protection afforded pressure cleaner fitting(s) shall be locnted in an nccessible posi- 610 2006 INTERNATIONAL RESIDENTIAL CODE0

Exhibit E

STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify} in the performance of the functions of my office, that the attached instruments are full, true and correct copies of the Residential Pool/Spa Permit Application for 6613 Autumn Mist Cove dated January 10, 2012. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village} Denton County, Texas. and are kept in said office.

I further certify that I am the Town Sec1·etary of the Town of Lakewood Village, that I have legal custody of said records, and tbat I am a lawful possessor and keeper of the records in said office.

In witness whereof! have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014.

~J o~ OQ.

\N~~PLCTlONS COPY RESIDENTIAL SWIMMING POOL/SPA PERMIT APPLICATION

' Projecl Address: (rlR,l3 /JUJ()Jfi/'-t'\ n\l~ ~ (PRINT LEGl13LY) Legal Descriplion: Lot .3L Block _L Subdivision ~\tt"£BA{ Phase _ _ _ Prope11y Owner: ~ ~M.. OwnerPhone:~)?tt-t-:. ~ Contraclor Name (Com 11111y) Contact Name Contact Phone Number

Plumbing: registrntion with the Town nnd be in good stnnding in order for npplicntions to be accepted or proces~cd.

TYPE Ofc WORI<: ~I/Spa Combinationv Pool-lnground Pool-Above Ground j Spa Only ~~ (SELECT ONE) Valuation of Work:$ \\D Ff: .- ls~t;are Footage (Total Arca): l,_,µ>~ . . .\,. .___ Henter: ~ NQ Diving nonrd:~ NO P-Trft!li YES/~ (If yes: LP Gn~--;r:> (P-Trap & 13nckwnsh line rcquh·cd on nil sanitary sewer properties) (LP Gas requires Railroad Commission paperwork be provided in permit bag prior to pool final.)

Deel< encroaching into drainage casement shall not be a structural clement of the pool structure.

New Fences surrounding pools, not done by pool contrnctor, require separate permits nnd arc subject to special requirements. (Refer to Appendix G, Section AGlOS, 2006 me, for Pool Barrier Req uire ments) EVERY PERMIT ISSUED SHALL BECOME rNVALID UNLESS Tiii: WORK ON THE SITE AUTHOIHZF.D BY SUCH PERMIT IS COMPLETED WITHIN 90 DAYS i\FTER ISSUANCE. ALL PERMITS REQUIRE FINAL I NSl'i':CTION.

I HtREUY CERTIFY THAT I llAVE READ AND EXAMINED THIS APPLICATION ANO KNOW TllF. SAME TO OE TRUE AND CORRECT. ALL PROVISIONS OF LA \VS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL OE COMPLIED WITH WHETHER SPECIFIED OR NOT. HIE GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTllORITY TO VIOLATE OR CANCEi. TllE PROVISIONS OF ANY OTHER STATE OR LOCAi. LAW REOULATING•CRST ,. ION OR Tl IE PERFOI MANCE OF CONSTRUCTION. l[ Signature of Applicant: .ill( Date: \-~-\;2-- Z!hf -~-~~S Phone: _ _ __ __ _

Permit Fee: $

Permits expire nflcr 90 dnys of issuance. Permits arc not transferable.

Revised 11-14-06 ·TU' ir CO"Y \N1. ~\~·~.i~JL~cX!:i.ol'l, 1~·01< n~v.1J:LOJ>i\1 .•11·~ T .1:EHtv.o'r (!i.'fH' ) cn:11Ju) Denton Couuly Flood lJamugo l'revculiou Ordi 1111ncc _E.!a1111i_11g_Dcparl~~~entou County, Tcxns _

l'ART Jl · l'IWPEll'I'\' JNHOH.MA'J'JON DCAD'R ' /! : __ _j_£;it~~---- l.1111d t\r\'n (/\cre.s): - · - - :2 • t_q (I_, (_ Owner's First Nome: . V)·! -0 11 Owner's Address: -;:::J, ·- ..jj -- Owner':) Lnsl Name: .---~·__J.:17ii;"J1-:> t>ro 11 ~ny is pnr~ Nome: -~l'\1'3:L ~-_:- 2r n su11<11v1~19L: ~:J~U 6? fa.k'\':.~:-':!~~r _ ~.•u.. '°~ ,,-· own t r's Cily, S1ntc, Zip: _ _ __ IJ Properly Is 1rn1 t of nu Abs trncr: Number: _ _ _ __ l'hMc: Olock: ~.

Lot ~·\ 7,iT T-~ ~--~=- _ _'.'\.1. ___ --· · - - - - - - - _ =-= Nome: - - --- DC1\ D Trocr: ___ County Tntl·t: - - -- PAll'J' C ·· DEVJrt,OPMEN'J' lNFOlUvJ,\ TION Application is for: n Homt• 0 Mttu1Lfnc111recl l11>11~·~ 0 JJ:xcnv1lllon/.l7Jll (~l"Olhcr (i f 1'0 1hcr", d:_scdbc (~ prop?scd i mprovement un. !he lhio hclow) \ l'v-.

LIJ q~P~\~-f11- I£U.~f2Ct. .. _ 7 n11t1r1t11ttS.am~1;g..f.1~~ -~- ~-t _ _ ll AdclrmorJ.loadNii~ ...~J.~ 1.>/tJ 1·1tJ 1J:.Wf.·u t1eniA1ttfras5·Rw111<•s1aJ: Q 1) {}0' lQ Pm:im1 f!__L_ A l'l'LI CAN'I' MUST ATTACH A srm PLAN IJJIO\\ITNG LOCA'l'l()N 0 11 PROPOSED AND ~XJS'J'ING [j\tlJ'JWVE:MEN'l'S, TliglH l>JS1'ANCE ·ro AT 1.EAS'J' ·rwo l'lWl'RH'n' Ll NJJ:S, )) l ~TANCF. Fl\OM Tflto: J~N'J'RY JtOAD, NOllTJJ Annow snOWlNG OlUlUffATrON OF L'lWl'mU\', l'Io:Ri\l]'f ,\Pl'JCATION FHOJvr TflR 11ll'ill MARSHAL AND ANY 01'lffir:.

REQUTRIU> DOCUJ\fENTA~----· - - - - · C.7 L1J-l{<e tv0<1 Q t/tll,-,;..j.:e FiJ --- 1\<'ltnowlrtlgmcut: The Flood ln~unrncc Rnto lllups (FmM) nnd other Oood dalR used b)• Dwton County iu cvolunting Hood h8.l.llrJs to propos«l developments nrc considcmt 1r.a~'01111blc 1111d 11cc110111i for n;l:ulotory ptuposes nnd ~ro based 011 the bcr.1 iwailnblc scientific nlld cnuineering datr1.

011 mm <•ci·asious greater floo1ls ( 0 11 nnrl will occur ~nd flood heights 111uy be increased by ni:m-maclll or nnturn l C/luscs. Issuance of u Devel(lplllc11l Permit in nccordance with Uw Denton Cou nty Floo<l Dam3go l'revcntion Ordinance docs not imply that development outside 11te urea.~ (If spccinl flood ha?;i rd will ho flee fron1 floo1li11u or llootl tla11wgc. f~M1 ru1cc ofu pcuuit shull 1101rrcn1c J!abllily 011 tho pnrt of Denton County <•r ~11y ofliccr or <•111ployce ofT>l'nlon C'o1111ty in tho cvwt floodini: or flood dam<11<c tlocs occur. • Constn1ction of h11prove111cnts should not bt" l·onm1c11ced 111 the :tbcwe lol'lltio11 uu1il tile Owner/Applitnnt is in complhm'o with nil applicalil.u rcgulntiuns ro1:a11lin1J flootlpl nin ntan11se111cnt, whdivisiM plntling, :ind )(Onini; for ~1e government of Den ton Counl)'. 7hfs pem1it tlo~s 1101 \\ Cl in· 1111y otha rrstrictlons 01 r.:sulnlio119 Imposed p1 ivotcly or by law.

1\pplkn111 V<'rilie~ that r.hc/ho ho~ slune<I this npplicntiM in thl><'Jpacity cJcsif!nated, if'1111y. w1d l\1rthcr ottc~ts thnt she/he h~.~ rend 1his ilr1c11111ent, and thal the stotcn1c111 rontnincd 1i~w111 mid (•11y att11d11ncnts nro t111e, nccumte nnd foctunl.

Vlol11llon or this vcrlnc11Uon nm~· resu lt In Applkllllt br.lnc 1itusccull'll 1111<1cr Tc.m s l!Mnl Code §J'/.10 (n) (J) ..., ,..- ,. Al lT ))~i:~a~~:·=~~~) ~ ·t~- ' ff.Rcqut'SI Architcc1t1rnl Plans he returned upc>11 t1pproval Date: - ~llf\J~-.p-- - ----·-- /]' itot.fJ'{"f> I' ARTE - DEN'!'ON C:OUJ~ Q'_t: 'E ONLY Ct.. /!J!L.Qff,lli__ Use Q1.1l'Lf. l'c1111it Nu111lm: _).'.O.\l__J~t_ _, ..._ _ ~;~~t•licl:.-~'.)~.ili.l -·-- -~~------- FlltM l'om:I ti: ..!lt11!!.~l.Ld.2 .:// _j ·(r~_ Check fl: _</;~ft ' > lhwicwcr: ·-----~-~..:_(_ - · ln Sri IA: .c.Yl..@) _ Zono: ---f~ __ 1:11gi11eeru111 Hcvicw: (YI (NI NOrul.:._.• -·- ----- NOl.Wl( :_- _ Fir< l\'la1shnl l\ :1111i1: II

(9110) .3 119-:1,990: Mniu (l)<Jll) '.W J-299 I : Fil>.

*· HA1 'tr 1"f?r t l)· qu ·

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e- fl) . L I L . OJ ~~ iv J"""IN<:::1C Vl""'.l./C::K ~ e;, ~ ----

. DIG TESS ~A'r!:---- 41sc;,__~~~~~~-

l&"'c>Ut • ~ .OSE IN (NUMBER OF SECTIONS) ;vi=..RSE GATE (NUlllSCR OF GATES) LAY\!N ~GATE LATCH (MUM8ER OF LATCMES) )I) GATE SPi!ING (NUMBER OF GATES) ,.. !r STAI.I. BEVELEO AAn.S (UNEAA Fa:T) Alf' ':II FENCE INCLUDED JN CONTRACT lW FENCE OFF CONTRACT BY OTI-reRS 100.C I~ .osE AND CODE BY OTHERS 1234567890 llSl.ER WORK SY R!VEBBENO SANDLER POOLS MPORARY S?RllOO..ER RE-ROlSTC RIHlCl.ER R&ROl.1TE Rml<l.ER FILL LINE (Ir ZO~'E IS AVAILABLE)

l::iQulde!'-c.c:plr191-~-1--1-~....a NISLER WORIS BY OTl1ERS RINKL.ER RE-R0l1TE BY OTHERS pla RINKL..ER FILL BY OTHERS

'8/'-911

&'c:lla. x re• tan =pci STANDARD ROCK COPING S.F. toxl:urcd (;Ql'IGl"Oto

i.!fr·~:~_ nNIOAAD ROCK TYPE I I I = ~i I .. ".EA!' D ~ROCK x. \ "' ,.. ~8 _: :JIM!.~3°]0- :;t.,;"10 lOOc J".::AO&d't' 26''~4=.~! .

M·-..------------'48'~""--------~ co. '°'°~ ~: Dcptbis ~ tromw=r~

GENERAL SPECIFICATIONS Unless otherwise stated in the Contract, the construction of pool will conform to the following specifications.

0 POOUSPA POOL ONLY Surface Sq. Fl: 1.001 Surface Sq. Fl: - - - - Perimeter: I 56 Petimeter: - -- - - - Pool Size: 48'4" x 18'3" Ganons: EXCAVATION ~---------------------------~---- --1 1. Buyers POOL Site is Located inside Loop 635 which requires eiccava>.ed pool trucked to a dump site over 3 miles from the POOL srre......·---·--·······-···· I I I I ~-Ttrenleui·red equipment to excavate Buyers POOL Site win be Large ' I I t-end loader will be required to move pool soil to a remote dump true.!< I I I I I 1..~rsllt~the pool site......•............................••.....•.....•.•..•.·-··········-····-·······-·· I I day of Excavation, we will pre grade or cut down yarct_Q Feet at~ I STORA6E ROOM I I. We will remove__ilSquare Feet of Concrete. We will~ cut_ I I •*'ieetof concrete.

III C..AStlNA 3'I" ~ ~ Il o STRUCTURE I I I l&>1 structure wm be built for Normal Soil conditions as stated on Contrac I I the nomial structure due to soil conditions. if any. are as follows: 1 e'74 s.r. I (o Piers: Heljg! Pjer Steel Sdledute: SuPCr Structure ·~boc:rn I I Gunite: Ngpc Chemical lnjeclion: CbeiDlcat lD : ~CONCREre I SINK I s : 5. Seller win install three (3) gunite steps per plan lhat totaULs«uare feet in th I 31"~~ ..., I the depth of lhe third step wiU vary depending on the step locations. The folio I ,, I ~~ I 0 I additional structural items are included in the pool: I t'I I #of Benches:l.....Total ~Fl ....... Sundeck #"l__Total Square =nc:rot.o I ~ I 1: of t.oveseats:.2._Pool Out of Ground:_ _ _ Expanded Pool Beam: I R I I I TILE/COPING I I 6. Seller to install~ ft. of 6" c:eramic waterl'ine 1ile and.Q._ ft. of 6" rock 1ile as l l QCl 1. Seller win use decorative masonry materials to cons1n.lct pool as specified on I · ·-.,\ q] ELECTRICAL 8. Selle1's electrical installation wm meet current National Electrical Codes and k -----------------------------------------~-----~-~--J'if\ codes and includes complete wiring of all equipmerit shown.

9. SeUer has included an brass and PVC conduit necessary for proper eledrica} I'~/\~ ~ I EQUIPMENT / 10.Filter. Jandy NL Backwash Vlv U~tion Pump: INTELLIFLO fU1v } 11. Automatic Time Clock & Freeze Sensor included for the Circulation p6mp if c not selected. / 12.Chlorine Dispenser . Rainbow 320. Optional Ad<frtional Type: Aqua Pure Si 13. Computer Center: Jandy PDA PSS (PooVSl!lt)a Side eontro1/.._N,....gne~-- 14.Additional Booster Motor(s) included wi1h pool: 4 I 15. Heater SiZe wit'! Electronic Ignition: JANPY LRZ40Q w(TIJRAL HEAT Gas Line: .Q__ feet to heater and Hook\.'!) if gas ijne is ~uded.

16.S:::r-S.Qo.:e Gas Uno: ..Q__ feet (Hookup and Pit~ is not included) 17.0iving Board Size and Type: SR SMlJH §FT PM BOARP WHITE

18. Cleaning System: Polari~ 280 ~of Slide: None SPA SPECIFICATIONS ~.,.__- 19.Spa Elevation: 18 Inches. Spa wi11 "'Two (2) Safety Main Drains ! - ~ I

R IVER.BEND SANDLER'S EXCLUSIVE EXPANDED 18' SUPER STRUCTURE ~ I 1/2 11 STEEL ON 10 11 CENTER INCLUDED IN PROPOSAL PLAN

103523 COPYRIGHT 2011: THIS PLAN MAY NOT BE USED OR REPRODUCED, OTHER THAN

4016 W. PLANO ACCE55: TK/CK. t!OE ~ DUHF TRUCK.

I ] I I I I I CUSTOMER INFORMATION 103523 1 N3D1e; JA::::QN GOODMAN M2psco:~ SD SANDLER POO INC. WITHOUT PRIOR WRIITEN CONSENT. ; Addr~ 6613 AUTUMN MIST COYE I City: LITTLE ELM State: Tens Zip: 75068 Site Address: 66 I 3 AUTUMN M!ST COVE light when pool is empty. ty: LIJTI.E ELM State: Texas Zip: 75068 mePbone: 469-247-148& WorkPbone: _ _ _ __ _ _ Cell Phone 1: 469-247- 1488 Cell Phone 2: / Subdivision: $\JNRTSEBAY ATLEWISVl1.LELA_K_E_ _ _ __ _ Lot B!oclc :!--- - - - -- - -, Construction Superyisor. _ _ _ _ __ RESIDENTIAL IX! COMMERCIAL 0 NEW HOME CONST. I Submitted Co nstruction Not~=-------- , By: ------~~==----- D:lte: - -- <lkSIP mm SJ4iiuan:J I TORE LOCATION Buyer: ----""""'=== {Ba,-u&jliiii'.f'i'J- - - - - - - D:rte: - - -

-----~*'1 COIT ROAD Bayer: - -- -....===- - - - -- - Date: - -- Accepted (6'1,.,-s;:;:;liii<I SUITE 160 i By: .H™n;N:.,R;,,;~::Y=,,---- Date: _ __ - ---=,SG=.. . . .a::.:H::AN:r.m,;;;K,;;,;E;;: T 4 <"'"'' T ,,...."""'~'" 6 A '-.T PT .AN() TX 7 .<\00~ / .

STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) J hereby certify, in the performance of the functions of my office. that the attached instrnments are full, trne and correct copies of tickets for inspections performed at 6613 Autumn Mist Cove dated January 16, 2012 through August 21, 2012. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office.

I further certify that I am the Town Secretary of the Town of Lakewood Village, that 1 have legal custody of said l'ecords, and that I am a lawful possessor and keeper of the records in said office.

In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014.

Linda Asbell, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas

... Town of DO NOT REMOVE TICKET FROM INSPECTION PACKET ~~Lakewood Village Type of Inspection Opto ~ed callfofr~~SL ction Builder's Name COMMENTS

Reinspection Fee Required Yes No Town of Lakewood Village • 100 s. Highridge Or. • Lakewood Village, TX 75068 • 972-294-5555

i._ Town of DO NOT REMOVE TICKET FROM INSPECTION PACKET ~Lakewood Village PASS FAIL Type of Inspection OK to roceed call for re-inspection Project Address /JJLP 13 Builder's Name

COMMENTS

Relnspection Fee Required Yes No Town of Lakewood 1llage • 100 S. Highrldge Dr.• Lakewood Village, TX 75068 • 972-294-5555

~ Town of DO NOT REMOVE TICKET FROM INSPECTION PACKET ~Lakewood Village Type of Inspection 0 PASS FAIL call for re·lns eclion Project Address 'i5 L,JO ()t-J Builder's Name COMMENTS

Date Relnspe<:lion Fee Required Yes tfu

~ Town of DO NOT REMOVE TICKET FROM INSPtG 1IVN rf'\vn..... • ~Lakewood Village Type of Inspection o~~~~ed ~llfo~~i~s;ction Builder's Name COMMENTS

Ref nspectlon Fee Required Yes No Town of Lakewood Villa e • 100 s. Highridge Dr. • Lakewood Village, TX 75068 • 972-294·5555

~ Town of DO NOT REMOVE TICKET FROM INSPECTION PACKET ~ La~ewood Village Type of Inspection o~ ~ed callfo~~~sLection Builder's Name COMMENTS

ReinspecUon Fee Required Yes No

DO NOT REMOVE TICKET FROM INSPECTION PACKET ' FAIL TY. e Of Inspection call for re.ins ction Project Address Builder's Name COMMENTS

Town Permit Number Relnspection Fee Required Yes No Town of Lakewood Village • 100 S. Hlghridge Dr. • Lakewood Villag , TX 75068 • 972-294-5555

i... Town of DO NOT REMOVE TICKET FROM INSPECTIUN t'A'-'"''- • ~Lakewood Village FAIL

Builder's Name COMMENTS

Reinspecti<>n Fee Required Yes No

DO NOT REMOVE TICKET FROM INSPECTION PACKET . Project Address {;6 )3 AJi-Jlr\. Ao&'\~ Builder's Name fu~ PASS FAIL OK to proceed Call for re-inspeclion

DO NOT REMOVE TICKET FROM INSPEf TION PACKET . .

Project Address f}j; 6 tJvklfiVI. M dt C0 o~ Builder's Name ills~ 6~~ :omments Type of Inspection PASS FAIL OK to proceed Call for re·inspectlon

Re·inspection Fee Required YES NO

DO NOT RE~OVE TICKET FROM /NSPEf~ION PACKET Proiect Address f> 61},_ ~ J..Jv,gr Ctm.,, Builder's Name CJ eJ6.A 61>~ ~omments FAIL Call for re·inspection

Town Permit Number Re~inspection Fee Required YES NO Town of Lakewood Village • 100 South Highridge Drive • Lakewood Village, TX 7 068 • 972-294-5555

DO NOT REMOVE TICKET FROM INSPECTION PACKET :~: : ;.: : :- - t.6r-+-·_. .1"'-1~"-~" "'=- ?0v. -.f-"J'~ dz'- 'oQ. ._,._.,t. _ .:'" "'"'. . _:-· -'c(}...~..._. . . _, ! -

Comments Type of Inspection PASS FAIL 0 Call for re·lnspecUon

Town Permit Number Realnspection Fee Required YES NO Town of Lakewood Village • 100 South Highridge Drive • Lakewood Village, TX 75068 • 972-294-5555

................ ...........,, ..__ ---···-·.~

Builder's Name

COMMENTS

Reinspecfion Fee Required Yes No

00 NOT REMOVE TICKET Fj~.OM ll';ISPECTION PACKET Project Address W 3 /-lvif.opi, A!Jsc 61L Builder's Name ~(b... (t?A.J~ Comments FAIL

Inspector

STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of tickets for inspections performed at 66 13 Autumn Mist Cove dated January 16, 2012 through August 21, 2012. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office.

l further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office.

fn witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014.

Linda Asbell, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas

t...

Town of DO NOT REMOVE TICKET FROM INSPECTION PACKET ~~Lakewood Village Typeoflnspection Opto ~ed callfo~~!s;ction Builder's Name COMMENTS ----------

Reinspecti<m Fee Required Yes No Town of Lakewood Village• 100 s. Highridge Or.• Lakewood Village, TX 75068 • 972.294.5555

t._ Town of DO NOT REMOVE TICKET FROM INSPECTION PACKET ~Lakewood Village Type of Inspection PASS OK to roceed FAIL call tor re-inspection Project Address /J;LP 13 Co e.L. .

Buflder's Name

COMMENTS

Relnspection Fee Required Yes. No Town of Lakewood 1llage • 100 S. Highridge Or.• Lakewood Village, TX 75066 • 972-294~5555

t.,. Town of DO NOT REMOVE TICKET FROM INSPECTION PACKET ~Lakewood Village Type of Inspection PASS FAIL call for re·lns ection Project Address 'i5 (_,I 0 Builder's Name COMMENTS

Date Relnspeclion Fee Required Yes No

~ Town of DO NOT REMOVE TICKET FROM INSPtG I lVN rttvtu.. I

~Lakewood Village Typeoflnspection op~~~ed callfofr!i~s;ction Builder's Name COMMl:NTS

Refnspection Fee Required Yes No Town of Lakewood Villa e • 100 S. Highridge Dr. • Lakewood Village, TX 75068 • 972-294·5555

t...

Town of DO NOT REMOVE TICKET FROM INSPECTION PACKET ~ La~ewood Village Type of Inspection or ~ed callfo~r~~sLection Builders Name COMMENTS

ReinspecUon Fee Required Yes No

DO NOT REMOVE TICKET FROM INSPECTION PACKET ' FAIL Ty; e of Inspection eau tor re.ins cti-On Project Address Builder's Name COMMENTS

Town Permit Number Rernspection Fee Required Yes No Town of Lakewood Village • 100 S. Highridge Dr. • Lakewood Villag , TX 75068 • 972-294-5555

,._::.;,_.,,.,.,.._.,..,••• , ________ ~•.•. .__, ____ ., • ._ •• _ "'"<-"•-•••"•••r·-•·-•- ••" ••••-•••"••"'

it.. Town of DO NOT REMOVE TICKET FROM INSPECTION t'Avru. • ~Lakewood Village FAIL

Builder's Name COMMENTS

Reinspectkm Fee Required Yei; No

DO NOT REMOVE TICKET FROM INSPECTION PACKET . Project Address b6 J3 AJi-J"M.. A~'\ & Builder's Name 6¥~ PASS FAIL OK to proceed Call for re-inspection

DO NOT REMOVE TICKET FROM /NSPEf Tl~N PACKET . .

Project Address f}j; f!:> tJvkt{!n Al\ d'r ( 0 ot, Builder's Name 04 J~ 6~(NU.! .........._ :omments Type of Inspection PASS FAIL OK to proceed Call for re·inspectton

Re-inspection Fee Required YES NO

DO NOT RE~OVE TICKET FROM INSPEjC~ION PACKET Project Address t 61},_ ~ ;(Lgr-- cfuti, Builder's Name C) er)6.A 61>~ ~omments FAIL Call for re·inspection

Town Permit Number Re~inspection Fee Required YES NO Town of Lakewood Village • 100 South Highridge Drive • Lakewood Village, TX 7 068 • 972-294·5555

' Tor~uof DO NOT REMOVE TICKET FROM INSPECTION PACKET

:~~:::;.:~:::s~~-6. ._ _ .{~j" " '":.t«,:,._· L.t-_,_ ?i.: ~: : ~: oQ~J:0: : _:-_· ~_@'b"o"~tb~-"'~_-_- ,,'f))OOd l/t> ~~. ) : .'r .. ~ _\~~;:y,:~.. s '

Comments Type of Inspection PASS FAIL 0 Call for re·lnspecUon

Town Permit Number Re-Inspection Fee Required YES NO Town of Lakewood Village • 100 South Hlghridge Drive • Lakewood Village, TX 75068 • 972-294-5555

DO NOT REMOVE TICKET FROM IN~t"a::v • ·-· ... FAIL -

Project Address Builder's Name

COMMENTS

Reinspectfon Fee Required Yes No

IJO NOT REMOVE TICKET F;~M lt';ISPECTION PACKET Project Address W 3 !lvrkJA A\Jsc 61L Builder's Name ~lb.. {eA..J~ FAIL

Inspector Date

STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) l hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and conect copies of the letter from Linda Asbell to Jason Goodman dated February 21, 2012. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary ofthe Town of Lakewood Village, Denton County, Texas, and are kept in said office.

I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office.

In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014.

~lo'=fcl,..,boOO ~;bell, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas

February 21 , 2012

Mr. Jason Goodman, 6613 Autumn Mist Cove Little Elm, TX 75068 VIA: Hand Delivery & USPS Regular Delivery RE: Pool Permit Dear Mr. Goodman; The Town of Lakewood Village would like to welcome you to the area. Although you received conflicting information from Denton County about the permitting process for your property, we have resolved this issue with them. The Town of Lakewood Village is the permitting authority for any construction on properties located inside the Lakewood Village Extra Territorial Jurisdiction (ETJ). ln 2009 the Texas Legislature adopted provisions that requires counties to adopt all applicable construction (plumbing, electrical, residential etc.) in the unincorporated areas. That same legislation stated that if the unincorporated property is located in · the ETJ of a municipality and that municipality has adopted construction codes then the municipal codes prevail. In January 2010 the Town of Lakewood Village began issuing permits and performing inspections in the ETJ.

We have staff available to assist you if you have any questions throughout your building process so please fee l free to contact us at any time. As your property is located in the ETJ it is required that you apply for, and receive, an approved building permit prior to beginning any construction. The builder and subcontractors will be required to register with the Town prior to beginning work on the property.

Please contact me directly if you have any questions.

Sincerely,

Linda Asbell Town Secretary

Linda Asbell, Town Secretary [email protected] Highridge Drive, Lakewood Village, Texas 75068 972-294-5555, 972-292-0812 fax www.lalcewoodvillagetx.us 589 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instrnments are fu ll, trne and correct copies of the Cabana/Outdoor Kitchen Permit Application for 6613 Autmnn Mist Cove dated April 3, 2012. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office.

I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office.

In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014.

Linda Asbell, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas

/\f(''l' ilt~ I/ ?. 20I 7- .J__.,,- J-- \c)>l(,1,_:-l (QQ/rfL<At- fl 11 ( A;(-y A~I/.\ JPA'fXO PERMIT

APPLICANT DATE _ L/- ti ; ·z / ,.. --l;--1·__J£L-"c:._ _ __ _ _ __ .-, NAME __:r;;,.kJ,.,.~_/11,(J_i~-- -- -- -- ADDRESS _ (:_{_(_? l/,d ,·:"'' 1f'/ ·t1 <' .;,.·<' l. Jll~tA . . ,, 7.Ct •( .F PHONE 'ft r ·· ; '17 t''/ r f HEIGHT ; ·( - :_:> s ' LENGTH TYPE .....C.rl-fi~.,_'_ __ COLOR DESCRIPTION & DRJl WING DESCRIBE WHERE TH E PATIO W l l.l. BE PLACED ON YOUR PROPERTY. ,;· .. ,. . ) / ; .... /, ) (

PLOT PLAN t:. /.-c /,.,. ( . / Jr' N•" 1/I ~ . /, Is , 7 'I •/ '( flu.1)1 '"\( ) -· C' ,)(1 •\,... lviil··{ ,.... · 6~ s. %1(.,/ -· t./ 7 .r ·· ')/ s·-;

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1\11 111:;1: illi liio11:· f;11hj 1-:1~t t\11 If ISfJ Ui :tlu11t .. :11.ill 1;or11ply Wllh . J(1 I .i!'Id I11 ~ iIJ ()cl ill 11 ~ ~ J \11 d ,>(HJI\ 11 11 : Iluqttl ru111u11k li lf.pUt :i< II' /\ppiLN~ll 1 /(, 1 \dnptrn J ( 11·<111111111 ,1Jt:

DRAW PATIO, ALONG W ITH HOUSE LOCATION IN THI S BOX. ·- · - - - -- - - -- - - - - -----' (j) ~f :l .

C/1 ~ ~a ;,j I ~ \ ~ ., z ·7:~ ..,;.,. !, . ~· ~ ·~ 't ~ !•t· "O ..;a '"O C'J H,,:.: 0 '' 'I . (/) i:- &; U''

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JASOI"'-' GOODiVIAN ____::::::;-,!]' -'-' Chlldroc!l Englnoorlntt Scrvlc•~ " 1N1...v -Jii.l.:t "l fl•J SUNntSE OAY AT LAI<!.! 1.EWISVILLE \\D 1\/JN.~

6613 AUlUMN MIST COVE, LI nu: 1:1.M, lgXAS ~.: j : I: l:Jlll I •.Cl ........"~'·"· " >;l• •l ~:.!" !':~?:. .?

LOT: 91 BLOCI<: 1 PLAN: POOL , ! ~ ' "" ~'' " ' . <,.., , •.,,,..., . .. Ju•' l ~.J

·~~~~~~~~~ . ;..t) I ·· •· I i I ,." ;i ~ - ;_ ~1 ~-- ~r"·~-- ~·-1·,~ .·:,·, . ••• ' "I t' ___ . l. ·I. )• .: -_,_:_1 - ··Jlri-·1--,;:~ . ·''' _,;,.

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SUNRISE SAY Al LAl<E LEWISVILLE ...._ --:.:.. _ ; ll!l rr,~~...u »i.:o> ~ 6613 AUTUMN MIST COVE, LITTLE ELM, TEXAS £. :·_ -·· : 'CJ r,;• :::~!:~ 11I;: LOT: 91 BLOCI<: 1 ; _ _ _ _ __,.___'_·"-"·-"'- PLAN: POOL._•._ '· - ' ·~_ _,._~_,.._,,_,._ •¥•_ · _--1

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STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, trne and correct copies of the Pool Enclosme Permit Application for 6613 Autumn Mist Cove dated June 4, 2012. The same appear ofrecord in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office.

I further certify that 1 am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office.

In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014.

f(l.(>t<W<~ 6/SI I ]

0EWOOD ( ---;{:µ .. (- f )i) J •••

-~ FENCE PERMIT · ~VILLAGE $25 ·00 .•·; .! /1ll l11~puuilo11u f> h,,11 <:0111µ1y With ·..; .e.JU 11lC HPqulru11lonti DATE -~-L/ - I L t.\ /\c lr 1ptHd Ord111m w11•

PROPERTY OWNER INFORMATION ;J NAME J"0 5-dl'-- G ~d )'vd ..,"\

:::::ss ~{_ fLE !J(:J&t_lf/\._<}_f_-+=_0_0_l(_ ___ CONTRACTOR IN FORMATION (IF APPLICABLE) (Note: Contractor ~flt re?ister with the Town) \ ,, .

NAME L 'J-.f/tlh, c. ~h l(I c \ .•.J I ~h vv-v lf ADDRESS &°t f7D . (_,~, ,d /Jt..-&vt4.='" { / V' ~W1"' (/7...,. 1f PHONE UY-· cz >:z - >1'6w FENCE rs FENCE A POOL ENCLOSURE'?\.l~or N (If yes, $150 fee applies and must meet more stringent pool enclosure guldelinds to pass inspection) \ HEIGHT Y' LENGTH ) Q MATERIAL TO BE USED ·Tr·,.,. 1---.. . WATERFRONT PROPERTY(!) or N NOTE: Fence cannot impede or change drainage on property.

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DRAW FENCE, ALONG WITH HOUSE LOCATION IN THIS BOX.

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Surveyed By: Ordered By: .·Allegiance Titl · 33ofEJdoradc ··TerraCorp "r'o.ur Rcsourcf! For Rcsulrs! ... t\iiegr~"Q!;g ~~-,~e;2: ~ .. ~".~· ..faX:·9ii-562-0 :. . ·: . . .

TerraCorp·Assodzites LLC # 1o1858-00 · ww11'cterracorpsurvey.cortj · 3960 Broadway Blvd. ·orders@terraco~psur¥ey_com .

Suite236 {P) 972~SOS-4526 ~tand; TX 75043 {F} 972-805-4$27

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Property Address: TerraCorp Order No.: 3 Autu;nn Mist:Cove, Little Elm. TX 75068 TX11091002 Client Order Number: Completed Date: l 11 8769; A;-~K 09/06 /11 Certified To: Jason A. Gooarrian; Allegiance Title Coi:npany

Legal Description: Lot 91. BloCl(l. Si:nrise Bay at Lake-LeWisvil!e, an Addition to Denton County. Texas, acco~ding to Map or Plat Thereof R~corded in Cabinet L ?age(s), 224 of the Map and/or Plat Records of Denton County. Texas. '~~~;::. ::~ -: - : . . . :::·: :· ·: · : .. _: ...:

NOTES 1. Bearings shown hereon are based on NAD83(CORS96, EPOCH 2002) tied to tl . ...... Texas Coordinate System of 1983, North Central Zone (4202) using the Geoshacl ~GeoNet• RTK GPS Network. "IONUMENT ' 424-43 . ·o {CM) The convergence/mapping angle is 00°50'12" with a combined scale factor of 0.999852061. 'J'> 2. The following items are from Schedule B. Commitment for litie Insurance, Ste1 litle Gi.!aranty Company, GF No. 1~t1873~ALMK, issued August 30.-2011.

1Oc. A fifty foot 'building line along the front property line as set out on plat reco1 n Cabinet L, Page 224 of the Plat Records of Denton County. Texas. iOd. The Slope.€asement. Utility. Drainage and Flowage Easement(s) as set o recordad plat recorded in Cabinet l, Page 224 of the Plat Records of Der Count'/, Texas.

1Oe. Flowage Easement described in instrument recorded in Volume 463. Pag< 444. of the Deed Records, Denton COunty, ·Te.xa s. ' r-t..~D N'Vrt: Subject property is shown on the National Flood insurance Pr<>sram Flood lnsur..mce Rate for Denton County. Texas-and lncerporated />.Teas. Map No. 48121C041SG, ~a!ed Apn118. \. 2011. All or \hsstibject.property appears to be located in."Zone X", "Zone X{Shaded) and - ? "Zone AE" on $aid map. Relevant zone is deflfled on said tnaP as follows: "Zone X" - Are \~ •\ % . ""~ determined to,be outside ·the 0.2% annual chance 11ood. _"Zone.X (Shaded)" - Areas of o~ annual cnatice flood· areas if 1 % annual ¢'lance flood l..Vith average depths less than ~ fOOI

· - • ~n""'" mite: and areas protected by levees from 1% annu . ..... · ... :~~ ..

·_.444. of the Deed Records, ·Denton Coonfy, Taxa s.. .... · . . "f .. · ,',·::::::·:··•"" I .···;~iZ~.~·~f::~~~\~:i~d~~~~p. 2011. AU oHhe'subfect-propef.fy:~ppears . ~o,:~'::~~~~J\f[~.,t1f.~~ X:; ".Zone X{Shaded}~ryd ~~~~°:1o:d:~~~~~~~~t\ll'~~~:~;:~;:o~~f~ ~ . '· :, annual chance flood;. .~~.~· .t%.ann~ri~hance•flood W!lh ave~e depths Jess than .t;foot or . , with araif'la$e are~-:~~htjaif 1 ~ar~wit~; and area~:protectEld by levees f!'.om 1%"ann1.131 . chan~:.fl.?Od· "Zq~;~~·:-:~~al::Acioo Hazard A~~ (SFHAs} subiect to inundation by the 15 annuat chance fi~·:·aase:. flOOd efevatiohs deterrmned.

•, ·• j ~ > -o>.~ . . . :.~,.' ···sRF,.W/ . . . ..$UNCON'" LEGEND l hereby .certify that th~ plat repi'esents)he results of a stirvey .-CAP (CM) A/C..•.....•.. AtR CONDrnON made on the· ground the ts't day of September 2011. on. I (CM)..........CONlROL ·M~M£NT . ~ .

CMP........•.. CORRAGATB) ·METAL fff. co.............Q ...EANOUT. . . .Signed Sttl° day· ofAugust 2011 SRF•...••••.•• STEEV.RCO: FOUND TEL .......... TEtEPijON£:".Ptµ)ESTAL lRANS.:...• .El:.EClRSC' ·TRANSFORMER (.).•..........?LAT/DEED'.·CAU.s· WM ............ WA1ER METER·

Exhibit F

STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, trne and correct copies of the builder's plans for "3950 Spinaker Run Pointe Rd.". The same appear ofrecord in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office.

I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office.

In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014.

GENERAL CONTRACTORS NOTES GENERAL FRAMING NOTES BUILDER COPY 1.)Prior to any construction. the Conttacior shall tamiliallu 1.)Structure was designed in accordance to the International 7134 himseff with the Contract Documents and Specif1Catlons. Iha Building Code 2003 Eartion.

Plans, lnol\Jdlng all notes. the Ci1y Standard Oe!ails and Spediealions end any olhet appieable Standards or 2.)All joists and raftetS shaft be aligned over studs below.

Specifications relevam to Ille - oompletion ol tile wOO< specified. Failure on the part of the Contractor to familiarize 3.)All exterior eomen Qnside and OUI) sllaR be braced as 101.30/13 himseff with all s1andards and specifica1ions pertaini<111 to the required. Special city wind streng1h ordinances m")' apply '"'°'shall in no~ n11;.,ve the ConlraClot of responsibDi!y for pe!forming the wOO< il1 aceo<dance with all such appQcable 4.)Exterior waUs 2 X 4 or 2 X 6 sbJd hming with veneers as Standards and Speeifica!ions. selected, except wl\Cre sho\'.n as s• wall for plumbing supply and ven1s.

2.)The Contractor shaU have in his possessjon, prior to construction, au necessa.ry permits, ficenses, etc. The 5.)ln1erior wans TX 4" stud with sh<!<!troek face. except wlle<e Contractor shall have at least one set of set of approved Plans shown as 6" wall for plumbing supply and vents, and 10< walls and Specifications on-$ite at al "'1es. The Cootractor shaO 10' in h<!ighl or gmater. notify city buildings olfiClals ard/ or department 24 hours prior to 0 the commeocemem of any wor1<. 6.)Unless speci6cally noted otheMlse, framing lumber shall be no. 2 or better southern pine wi1h a modulus of elasticity of 3.)CotlS!ruction inspection may be peffonned by representatives 1,600,000 psL loterior wel slllds may be no. 2 or better of the °'"1er. Engineer, City, Geotechnical Engineer and Reviewiog Authorities and AQenc"'5. Unrestricted aecess shall Douglas fir "' S. pine, or no.2 or better SPF.

I be provided to them during normal wor1<ing hours. The 7.)Wood roof and tloor trusses ff used shaU be labricaled, ~ contractor is responsible for understanding and sc:N!dullng handled, and erected in aceo<danoo With truss plale lnstttute D. 8 required inspections. standards and IBC standards. Truss design drawing$ sealed by a registered professional engineer shaU be provided to the ffi 4.)AI contractors must confine their actNities to Iha wOO< area. owner prior to erection of the trusses. The truss "Nebs and 9 No encroachments outside of the defined wor1< area wm be bottom chords shal have their lndiVidtJal 2• thick components allowed, unless spedficaDy noted on tho plans. Arly damage glued together ••well •• nailed per the truss plate pattern. The ID re•ulting thetolrom shall be 1he Contractors responsibili!y to truss members shall en be"""""""' 2x4 no.2 or better. repair.

8.) Coordinate and adjus~ as n"""ssary, the ly)>ical framing ~-........, ..._..._... All lnstanalions Subject >I 5.)h will be lhe responsibility of each con1ractor to P<Otect all member spacing with lighting and electrical locations shown. existmg public and private utiities throughout the construction --·~-Lt ,..,. .. ~O'~ To Ao1c! '""-tion• - r. ,_ of this project. The Contractor shal eonraet the appropriate 9.)When two rocm il1te..ecl with different roof pitclles, bk>ck top lnspcctor Ai>ll'OV!ll z ,.... utitily eornpan"'5 f0< ~ne locaticns prior to the commencement of stud walls lo align fascia. of construction and shal assume fuU tiabilily 10 those cxirnpanies '~'"' f0< any damages caused to their facilities. 1O.)Wood connecfions to be Simpson ties or equivalent. ~~ ~ <._; ~ ~ I I SHEET INDEX ~ 6.)The Cot1tracl0< shall be respons.ble for ptoviding the required 11.)All structural steel shaft be A36 exeept TS shapes shaa be VICINITY MAP I z~ constrUciion stalling r1E!OOS""'Y to complete u·ie u:rnstructioo lri A500 GR. B. 8t'"'1 joists and joisl girders shall meet all .., ·0 0\:.,.) r_. accordance with the plans and specifications. specifications of Ille latest S.J.1. edition. Fy:SO KSI. All bolted I cs COVER SHEET ,.... 0.... connections shaU use a325 bolls unless noted otherwise. All A1 PL.AN OVERVIEW 7.)The Cootractor shall be responsible fo( providing and welds shaD be made usil1g E70 electrodes. Headed studs shaft / A2 FIRST FLO O R P L AN z~ z maintaining all necessary barricading and all other warning and be N&lson or better. Temporary construction bracing of the A3 SECOND FLOOR PLAN z~ ;:J safely devices to protect the public safely and hea111 until au structural steel frame shall remain in place url1ll after the floor / A4 FRONT/ REAR ELEVATIONS 00 ,,_ , wortc has been completed and accepted. and roof deck attachments have been completed and all permanent bracing has been installed.

AS A6 LEFT/RIGHT ELEVATIONS R O OF/ PLAT PLAN ~:: 8.)11 any unforeseen problems or eonllicts are encountered In GENERAL CONCRETE NOTES A7 CROSS SECTI ONS ~Q: ~ the course or construcrkln, for which an immediate solution is Sl FOUNDATION/PLUMBING .,;;;,,,, 00 v. 1.)0o not use foundation outline plan for actual construction. S2 ROOF FRAMING not apparen1, the Engineer and Owner shaD be nolified. Foundation documenl$ must be dr3\Wl & sealed by a ~toted ...... ~ ~-...

S3 DOOR/ WINDOW S C HEDULES engineer. Peskusld Home Design assumes no responsibDi!y f<>< D1 CONSTRUCTION DETAILS 9.)The Contractor shall be responsible f0< removing any existing slab strength or integrity. El FIRST FLOOR ELECTR I CAL ON~ struc:lure$, fences. debris,"' tmes that are located wi111in the E2 SECOND FLOOR ELECTRICAL boundaries ol this project, unless otherwise noted on the plans. 2.)Concrete shall have a mininum compressive strength of =>---~ 3000 psi at 28 days. Reinforcing steel shaA be ASTM A615 s0<a z~~ 10,)Genetal Contractor shall be respon5'ble for COO<dilation of grade 60. lap alt reinforcing splices 24• unless noted IC other trades (mech1, elec1, etc.} prior to fabrication and ~ ~ othe!wlse. Provide 2'-0" x 2'·0" comet bars to match and lap ~--9 instanation. ~ horizontal reinforcement al al grade beam and waD in1ersections. 30 bar cfoa. lap minimum. All reinforcement shal CO.i0 11.)General ContractO< to be responsible fO< coordination of be detailed in ac:cordanoo with the lale$1 ACI Oetalfing manual. ~ ardUtectural and $b'UClural drawings prior to fabrica1ion, forming, or placemen1 of materials. General Contractor shall 3.)Contractor shall coordinate an penetrntions, conduit STmET report discrepanc.,. immediately to an:l\llect and shalt proceed chamfers and embedded i!ems prior to concrete placement. COVERSHEET with construction only aftet discrepancy has t>ttn resolved.

Welded wire fabric and wire shaD be lapped the spacing "'the cross wire$ plus 2". cs

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FLOQR A,AN P'SCV.IMEB 'fteOIEHOW.~'IUi.orlt StWJ..~NGVl'M'Y I_ _ _ ~- 1"I' ~t::#- ML M DIMENSIONS U<CI CONOfT10tlS 0# THESE O()CIJ&.IENTS loai) Stw.L HOTFY 'f:9QJSICI HOME DESIOfol OF NN OISOW.PAHCIU NCllOR ot&SSIOHS '°"IOlll TO THE START 7134 °" ION OF THESE ....,........... .......... ~ITY ~-w INJTAU."41.. -~- lOUACHTSA"l>W.JtRLIU.AHO TOCONTillOI. llEOWrUYY T>EREOF. AU. WOf'IC PERFORMED OH 1'IC$ P'RC).ECT 5)WJ. MEET OltOX:O:O ™ICl.WllEN'I" mn'IONOI- THl!UNFORM 8'M.OIHG 11.-05113 COOE,»IOAU.~STATE.t.NOLOCALONllfiWCES.

C:OOUNC> REOU.A'nOHS. INCWDN3JHtOIEO OR HCIMlOWtG ~T'IONMSl'AICTIOHS. "8ICUSIOHCUl.OISIOHSt-WJ.ll HOT'AED llAEOIATElY CS NttDl9CREl'~wnMN THESE ~~~~~~-~-~-~- ----·

NOTES: 1, COMPt.YWl'n4 AU. STATE. COUNTY. ANO LOCAL BUIU>ING CODES.. ORDINANCES ANO REGULATIONS PERTANNG TO CC>N$TRUCnOM.

2. CONNECT,)YATER."°"5~STO 0 ;iv~s.~Wm<~ " @MINMIMF1MIS>fSDFlOOREL£VAT10HWILLBSAT ._\ LEAST :r ABOVE MINIMUM FEMA~OO vrNt a..EVATlON;, OR AS NOTEO ON StTE. I FOO~ GRADE MIN~LOCAl..COOEAT~ WAUS. 1NTEJOOR llEAAINGJ'.OOTIHOS IS' INTO MA~1JNCESSO~ a.. ~~~~.~~ (_~MEE~ --~STW~ ~r· 1. VENT AU. PLWSING STACKS TO "£AA OF HOUSE ,, 8. ~ HEJGHTS SHO\YN ARE TOP OF W'fHOt:NI HEIGHTS 9. PERSECTION907.2..t8,t 18CSMOKE DETECTOR LOCATIOMS SHOWN ON ELECTRICAL PUI<.

10. ot.ENSIONS ANO SCALE CH..Y ACCURATE IF FIBSTFLOOR Pl.OtTEO ON 2'"'Xla" PAO€.

AREAS

TOTAL LIVING GARAGES CARS 618 CARS 618 SHOP 221 PORCHES ENTRY· GATE 1 7S ENTRY· F"RONT DOOR 1 23 PRIVATE 82 SACK SNGLE VOLUME 471 BACK DBL VOLUME SOS GARAGES/PORCHES 2813 ll-'_ _ _ _ _ ._., it.111~ TOTAL UNDER ROOF" ~ ToFkJidi~b/ ~ ; 111SJ:>ect~A""--1Wldll-----------------ill s~ShJs•Comply -.,,..uv:v Will> !RC Scciion R311.S l ~~~~~~~~--+-· PLAN OVERVIEW SHEET srAHll: 3/.-l'l" - 1• SECOND FLOOR --·---, , __ / A-1

PT.AK NO. NOTES: t. eot.d"~YWl'T1'4 AU. STATE. OOUHTY. AHOU:X:.t.L 7134 SIJl.OINO COOES. OROIH4HC6/IHO REGUlATIOHS Pml.-.JNING TOOONSntUCTIOtt 2. COHNl'.CTWA'TVlOA.l. NIO rucmic U..ES TO !lCIS~VTIJTES H~WJTHlOCAL QTY llAOIHGCOOES. If HEEOm. ).. ~ FIMtSH(Df:l.OOR fUVAnoN WU. I i AT l£>,$T Z' AOC>\'E •....,,.,.. FtMA 100 ~ R.000 EL£VATION, ~-'S NOTED ON Sn1.. ' · AU. f'-OOTINQS ro E>CTSm saow GRJrO£ 11,{)5/13 ..-........ AS PER l..OCAI.. ooog Al 8ENtlNG WALLS. INT£JtlOR ~ FOQT1HGS f'" IMTO HAT\IW. GltM>i UHLES$ OTHfR'MS£ NOTED. s. EXTERIOR WIJ.J.S 2'" xr S1\.IO fRAMHG v.t1lf VEHE'.ERSAS sa.ECTED.

6. IMVtKllltWAUS T x.-mX>OSTUOWfT'H SHUTAOCK 'N1. !XCUTYM!ftl!! ~ A.S S" 'i> \'-. WAU. FOR PU,ltdl!!ING SIA'Pl.:rAHO Vtfm ~F~li=~~~-:""if!F*E!::Ei~SJ!i~~~~~~~-+--i"4tk7~ 1. VENT AU.PUIMBINOSTAOCS TO RIAAOIHOoSE ' t~ ~ HOGHTS StO'M ARf TCP Of'WIJC>OW ~fl t. PERSECTIQHf/t17,2.tl. tllCSMOk'! ,~ " ~CTORtOC...TIOHS~ONa.ECTRICAL !';- ,7 1Q. D&IDCSIOHSMOSCtilONLYACCIJRATEIF ~ A.on£00H 24'"X36" PAGE.

11. WINDOW ~HUCHTS TO MATCH EXISTlNG WINDOW$ UtC.E.SS NOTU> OT'HfRWISI.

12. OIMENSaONS SHOWN MIAStJAE TOSl\IOW..U. • TMICt<Ht.SS OJI. Y&IUAS. H>OTINOS. ~OCI<.

~ J;?;;iN?I .JvV<~::J' ttC.,....,..,;z_1 l':"'r tf s f- i ··-··- ··-··-··-..- ··- ··7· - ···

.1 :d ~I ~I ~I ~I I ----1 -----------..j.l!::~ql~ ... ~~~~~ I ~{ I fm~ FIRST FLOOR SITTI!lJl' PUN SC..\_LE: 3/l(i" - 1' A-2A

PT.~NNO.

NOTES: 1. COMPt.YWITHH.L ST4TI., C:OlMTY.NiD\.IXAL 8VtLDING C:ODU. OROINAHCES ANO A;EGUtJ,TIONS PP:T.\IHING TO CONSTRUCTION.

2. CONNECT WATER. G4$. NCO ELECTRIC UN!S TO 7134 !XISTINC UTUT'IES IN ~E wmtWCAL CITY BUl.DIMG CODES. IF NEEOED.

S..M11'1MUM Fll'CSHEO FlOOR ELEV4TlON WIU. 8£ AT llATffi UAST 2' AICM! MIMIMUM r:tMA 100 WM FlOOO EUVATK>N. OR A$tfOTtD OH SfTE.

5. EXTEIUOR WALLS r xr STUD ~RAASNG IM'TH \'EN«".-EA$ A.S 5a,Ec;T£D. s. ..l'EHIC;lA WAU.S r x STUOwmt •·wooo SHEETROCK 11'/2, EXCEPT'M4£R£ SHONN A$G" '-"'~~::~ WAU FOR PUIMBING SUPPl.Y A1CI VEKTS z ....:::-"..:::- ... 1. VENT AU. PWMUIG STAO<S TOM.AAOF HOUSE 0 ~ &. HEADER HeGHTS SIONH AAE TOP OF 'tNtHOl':1'N ""' !l HOOHTS ~ f. ::;) e t . PER.$ECnoNt01.2.t&.1 ISCSMOtCE OETECTOft LOCATIOHS SHO'MI ON ELtcT'MCAL 0 PW<. ;; ~ ~ tQ. Dl.tENSXlNS J..'QSCAl.E ONt,.Y ACCURATE F Pl..OTIB> ON ?4">C.Wr PAGE 11, VllNOOWHEAOERHEIGHTSTOMATCH" EXISTING WN>OWS ut«.£SS NOTED OT'1ER'WISE. I ~;~ 12. DIMC~SIONS SHOWN MEASUAS TO sruo W.W.. ll-llCJ<NESS OF~ FOOTlNGS. Sl'UTROCK. ::; ~ ~ ETC. HOT tNCWDCO. !_L - - I -- - 11'¢ - 0.. :2 ::I ..,; r.r. ~ ~ "~ W AI t T)"P(S E -;: ?S5bb?Y5?

e= - ~ ~ ~~ ~ t1 oz~ r "\ ~ 0 \._I ::.;

~~~ ~ ~~~ ~o ~~~ ~ I ~~i FIRST FLOOR SHFIBn' _______.__I,. .~::::::r=:: ---- ~1 -----­ PLAN SCALE:M6" - I' ·---------·--------'--------~w A-2B

l)J.u\NNO.

NOTES: l , COMA..YwmtM.L.STA'rE.OOUHTY,AHDLOCAL IUIL.C9ro C00ES.. ORDtfr4AHCiS AHO REOUl.ATIONS PERTM41NG TO COH$TRVCT\ON. 7134 OOH~ WATER. G'-s.N«>B.ECTAIC L.»ifS TO DlST1NG l.IT1UT1E'$ tM AC:ICOlllOA.NCEwmt LOCAi.

C11Y 81.1UXNG OOOE$. • ME£DE0. ). UIMUl.M FIN!SHtD FUXIR B.EVA110t' !hU l!IE AT I.EAST 2' ABOVE....,...... fEMA. 100 VEAR FlOOO nATE ELEVATION.OR A.SHOT'ED OHStTc. ---'l'•W - - - - - - - - -- ' · N..L FOOTNlS TO EX1'VCJ IEl.OW GAA1JE .-I - -1----------------------------------- ......uMAS "fft LOCAL CODe:ATMARING 11A>5/13 WAU.5.. IHlCRIORl(ARJNG FOOTING$ f"' MO NA'T\.IRM. GAAOE lH..ESS OTHEJlWISEi NOTED. s. EXTERIOR WAU.S rx r STUO ~o WfTl1 ~ASsa.£..."'TED.

l.tH'ffM)IRWAU.S rx•·wooosn.ovwr11 SHb!TROCKfAC!.. l>tCEPTWHGR!. Sl40YM AS C" WN..L F-OA Pl.Uf41NG SUPP\.Y NlO VENTS 7, VENT ALL PUJMeeo!Q; ST~ TO REAR OI HOOSE z a. HEAOfR HibGHTS SHOWN ARE TOP OF WWbOW !..

HEIGHTS ~ I. PER SECTIOMto".2,tl.t .CSMOKI: DETECTOR ~ncNS SHOWN ON nECTRtCAL ..._.., :*!. tel O&IEHSJOHS Nd) SCAl1 or.._y ACC\JlltAT!" """'· ~ PLOTTEOON l.C'?Ofl" PNJE.

0 :;=§ "g l1. WIMDO'NHEAOERHEGHT'STOMATCK EXl$TING WINDOWS lN.ESS NOTED OTHatWl$11!..

12.0MEN:SIOHS 9tOWN L£ASURI'. TO Stuo WALL· THICl<>ESS OF V£HEERS. FOO,...GS. StUTROCK, I :E,..., ..~ i .... i ~ ETC. HOT INCWOED. ~- f a. :J ...,. -;: waq ners ~ i& !: ~ ::: §?;?v;.vu!

l ii::## ii p !

~ q ~ ~ ""'"° •. ~~ -~ o ~ x~o~ z~~ Hz •• ••, SU:rsShal!Co."11)1y ~th rACSoction illi1.s ~~ ~w~ ~~ ~00 ~ 1 ~ ----· .. : ~~~ ~I: ~ ,../ ~~;; ~ r/ ~ as ·-·-·-·-·-·-·-···-·-·--...._... ...! SECOND FLOOR ~ ........../· SRlillITT' PLAN SCALF~ atlli'' - I' A-3

l't.\Nl\"O.

7134 DATE 11,{)5!13

FRONT/NORTH ELEVATION

t:::-...:: ELEVATIONS l 8CAL~ 3/lcrr: l' A-4 ..... " ..

1'T«\NNO.

7134 l],()41'.1.3

LEFT/EAST ELEVATION

•·-:.-.~

~~"'1rallons~ lns-~llrld .... ---·. ---- --· -·- .•.. .... •. -... - ·--- ------·-·· •••.Jlilpcovai .. - .

RIGHT/WEST ELEVA"ITON SC'ATiFl: 3116"'"7: 1' A-5 . •' ~ .. ,,,

= IU\' .. -T = Kl ' \ 312 7134 G ,.,,a \

/ 4:12 '"'" 1ir-··1i[ 4!: 2 11!04113 4:1z -~ --'-'. t..·- 4:\Z '"'-' 4:;: 2 ~ ~ :1 0 :r: ;;:! ~ ·-MHN~-1 ~.- ............ ... "e.., 4~ 1 2 J 0 ~~~ ~ r ~ f;4> :TI\~.; I :L :,, :;/; . 4:12 :....i a.. ~ ~ ~ f n ~ :r: ,, ~ ~ ~

~ .-, ROOF PLAN :::::: SCALE: 118" - I' z< ~~ ~ i:;... .... ~~ z z ..... ,-. o~~ .._, ..... \ z~ - z --, Ztn ;::: ,..... ~~ ::::::,....... .__ LAKE LEWI S VI LL E ~w ::.::: R ESOVDI R ~ o < z O >j ,...., ~~ ~ \/) z~ 0 L~ < ~ ~ ~ SRENI' PLAT PLAN SCALF..: l " - :~' A-6

l'l~\N1'0.

1 -- Q/I 7134 T>ATfl I -·······- -d 10/dO/J.3 J 7. -- ! oc wOTO ll cou~ - - - -- ~ 0 ::: ~ FIRST FLOOR *8- "" •; I -- i a. ~ ';f •; - " ~ ~

;..... z ""'I ~ < ):... ~ ~--, ~ -- ~o All lns.t1Jlst1ons Subiecf oz z To Acid Ins-., and ,.:r: IOSPl!Cfot Apllmv'11 u~ ~ "· zO zdj -z ::J ,..,- .... <~ ~ ~~ r.;... cc ~o ~ o~ ~ ~ ~H 00 z~ 0 l.':l < ~ ~ ~ I < / SlTENT' SE<:XlND FLOOR .•./ ,.· DOOR/W1NDOW SCHEDULES S-3 8('AT;r<:.: 118'' - 1'

Pr.~NJ\O.

7134 ll.\'I'~:

llt05/13

z s;r. ~ ~ ~ !> 0 e ~ ~ ~ ~~ ~ :tl I -. .,~ i iii 0.. ~~ ~ §'~- ~ 2 ::"'

A ~ ~ ~~~ 0~~ ;-; o~O O..; zsz ~WP .. ~~; • HOP ~~~ CONVlHIENCE.OIJT\ITSIN&\T'HROOMS,~CQUNTERTOPSwmtHSIX '1!E'1' <:#-THE IOTQEN SHC. OUTDOORS, NC> IN~ ANOIA$'iElAENT$ ~s~ (OlHlA Yw.N FOA t.AVlf)R'Y ~ SM&Nlf<IUPMCNTI SHAU 86. OFQ PMJTECTIO. NIC. Nfr, 211M.

THI! D.ECTRtCA&. Pl.AH($) fNCll«D INnc.SE 00Cu.t:HT$ISIAAI lrfltNOEO /1$ A Guill!. OHLV. lHli GCHm.N. CONTAACT~ »WJ. \liRlfY AU ,_, .. > \. fl.lcmtCA.l SIJIMCE. INSTAUATION. AHO TM& lOCAT'l()N OF Al.I.: SV«TCHU.

FIXT\.ll£S, E<»#MEMT. oun.ETS, fllCTRICAL PAJICEL. fTC.ACCOFIOH) TO 1 . . ~ Cr-=- J ......._ LOCAL ANO NAl10fW. EL£CTIUeH. 000(.S.

UGH'nNO SHOWN IS~NCt • ATTHI otSCFlfllON Of TIC OWNflit. ~~i :... : - ' ~ SHEET ---- - .";:=.::.::.::_ _ _ .. __,,___,_~ - ELECTRICAL 1 =-· SCALE: 3116" - 1' E-1

"Pl.ANNO. :········································································r . t==' ,..... .................. : r I, 7134 '··..... . iI l>ATP. l .·"! lli()5/13 .· .................................................... -=-=====r- ( 'T ,'.;'.:·-~_! D<O•OOMh l ::•i{:it ~: .1' . ~~~1lj t ~ - J:,.' •• ~ •'HOAOOM•3 u \tJN0/9.n1NO !I ~ - ~ ' §-'·'f.L-n_ ~JJJi: l ·i~ . t;. 1~ ;i ·~~;~·g~, 'l' ·~ ' '11 ..:: ......:h I I :'°• : r·.I :: ;;\ ·~~ ~I •r il-:: ' ~ • ;•o•c• ::i'. ' ~ .. ., -~. 0 ~- . -.1 .;:;:_;!:;.:.•

' ==========="'"'~ L I , .................................... .' ; I··:::::··:::;~ .''' ... 0.. .

OH:.. ~ ' ••OOl»C I •,....°""' 'I ....................... ~ '{~i~;y~;;, ·········-··--······· ···- . . . . ............-.. . ::.::::::::::~,_____. ~~:.~:;;;rt:r·;\.._y:- : .~;/"11' - r1 ~ .........·1. •••• • "r-.1 ~r i r; J;;_J )

·······--······i ! i ······················-,, ·....

ELECTRICAL 2 SHFlE'T' SC,\ LE: ;i,11(;" - l' E-2

PT~~Nl\O.

7134 llA'FF.

11,-04113

All IJ'IGWalions Subject Ta Field Inspections 3"" lnspactar Approvol

PERSPECTIVES NOT TO SCAJ;J<j P-1

'~ ;

...a l a: t ~ cl;> .2 ·... o~ c: - ~ l ~1-1 ri ~i J~~ t, •th 1im1 -- t ul ---- .~,.,. t1 dfilir ....

~ i

~~\

tu! ~~-~ I ~~~~~~~ - - - - - - - •. \.. ....~~s ~~~s~~ ~~ ~~~ ~ 1~~s:s~~~%~Ea ~ ~ pm ! !~s b N ... " • • • • • • • .. .. - - - .............. = ~ ~7~ !I - N - - - - - - •••••• - - - ... - " - • - • - •• - • N - - N •• - :

li~~R~~HP~>l~~•;u:•~~ "M~·~~"~~Q~a~~~~~ M~ ~~ PF;~q~HHH~?;il•l' ~ ~~ ~ ~»"~~"~M"•"»ws~ ~~ Hj - II I? ~~

•1tj• J., ••• . • ~., ~l I,1ltl' l.i "t1 I 11•,J 1, , ; a,, .-- - b·'l - ~ 11·1 . ., 1••. . ••11 r,; r--- Jr ,tUi1·' ·r tm jtJ;l :jr' i, 1llli~ 'i , 111 .t!l·•,·!

1••• I! ,.. I ~ U!h~~!;i1!~i:lmi1;uiMfu11 ;~ 1i ~i!ul r~rri~il l·l!l!!li .11M1uh t :. '~~! ,• ~JI A Jl·of ' I 1 1• 1,l; ·' t' •••• ,. '.~ th!!~

r"i I 1 b~t ru~ •I ·1· ·r: I ·ff ~ I

.·I 1 ... .; ii j! I l I f •• f l!jl·l·lt ltmm1mti:tlnillh1i;Hliil:ti,J!i' ~~ i4li J~il Jiilhl Jlir!Util iiHH!:HHMiHH 1 i-~ • • CoocrWA-t----; i •~ t f f l i H-+""'""4-o!--11 t H-+-+-+--o-1 l 1--'--'---'-'-1 i ~i I .$"' .! j ..,,,, ...... ~Ota:it.dOl.ltori -..... iJ ~ l- p\>l>!lc<t(T,,U).

lil 0w t--.- 0-.- --1 ®Perimeter Grode Beam at Pool • "YI' H i! ~ j'1""" :; : 1; ~~ & i ' J I .::. •r .-f:~ i• H ;H • ~; J~ l .-z s:t !

1--•-•----1 j l @) i l ·&f!~y!tk ,. Sb*t Cll ~ .

66) .. ...,,. .s:!'l - ..., .! ~ Typical Beam Strand Elevation IAC~h ; ' Orti~ f •'' ,._ . !

~~ @ ~ + @> ~@ ® •- ,§~ .1-r. I b1 0f- . +I'~ !-.. """"" ~ >i> r.. ~ Column Footing ~ 1314079

~ I " ,,__,,__,. .. _..,r~-.

~ -- ...... _tcr'G _ _ ~ I ~ Ol·f~~--·-_.,,. ~ .. - .. -- ... i .-w--N......_,..._ _.._. .. --.. . ...-=-,.·--. ,.,. _______ .... , _,,,, ......, .. ~........,

_rr ............ _ .. _'1" .. _.~ ..."'_......,..., ..... ,i. -----·~........_ ~~-f..:r==:-~-::.: ~ ..... .......... : ... ,..,.-........_..._, , ..... ,., ........ ._. ~ ,i ~ ~:;..'::=. ____ .. ___ - · 1· *1 .. _ _ , __ _.,...._......,.·:-::::.:::'!:"~ .,....c.._ • l ~- -""""'""'- • ....., ............. ...................... _____ _..._ -~,,...,...._.,.i. _ " ,,. .. _.......,_ _ ..... - f• l• _ J ~ .... ....... 1 ~ _...._.,.......... ...._....,..,.._a•....•I•-•..,..•-.. .. - ... I I I .... ... ,.,.. --~ . . ...._...- ___ .. ,....._•""' I l ,, .._ ____ T_a~.-- _ .. _.,vr ...,., _ ..........._.._._,_ ll l!

I ' '- ---.-----"""" -----~~--- '- -.-..-~p.,_:,.t:ll'•l.f'•-UO I •. i i Ii l • ii ! fl ~ .~ x-! ~2 ~t ' ~d !::~ :'!" { •-z ·r,~ I l'.; ; :; i' ~- ·ro·~ %~ . ,~ t ! · ~~ J~' Ii Ii~· - 4-..: ..

II t! ! • i1~ - ~ tJ1 ,• i~ tll t h!. l ~ 1 ~r; 1 ··1 .

I I : c .. - a: " c~ ; j~ g~ g~ .§~ .Ef3 ~..!.~w~ g.~~~~ 1 ~Q. ! ..., ::i '- ~?:: ::? ~ .5 ·1 · ~ 'r"' l"'l o Cl E ~.;~£ ~ " {. ::, ,It -1 I~ ~ ~-- FR ./ / 1. ~; 13 14079

~ !'/ I ' ! ~ ,-r I , Ii 'i f ~ I i I I

L..l.-'-- --'---l t t

All loopoc;tor.• Sl11111~"''" :1QO&IJ!CAo-lu.- ~ J\cloptfd °"*'""'""' All 1nsta1tution5 sut;ect To Flold IMpc:jlons .....

Inspector App:nv•I

frgsnOng P'Ag • Stt90d Ogpc Csifno

--- - -- ---- __ , -~ •, 4 .. ~ ' ...... • 1 • •t ~.,._," ,

~!1 J;~..

lUJt-1 Ill ""t tl":t&. tzt ..., ....~ .C,$J Jl ,.,.,, Jll/.., .......1 l4JI + ' - I ~· .,, , .. '--1 ... . ,, o " ' "-

SO!Z!0 t1At11.;. soxoi ·w13 •lll!l , .......... un~ JO~OUUJds 096> ·ok.a: O!f.;w~..C..o-;..• l "'1UJ f,g 'f'\1 ->- ---- - r::-:·... -~_g..;~=!.~~- _.,u~p1sa~ G\O"!Jd UUOWJJOH uorv

Is! Fl0« Total ~le Oowns w n d Vo=23952 lbs. ~ :!:== 1:i=:=1 l« Gcio9e 1. Tht.,;L""°'~rf'IWllifwots~liulrwl'-'dlilr~ :i d!ieotNIC til'li[° ~Sltl:l't&oon!(OSS)«~ARoted ~~ ~~O! ~lniflo, Shtotatng le!o~ $hCI bt &I <O't'tl'IOll « 0..lll.-•l" nob. \'lmol!J cl~· •• . • · __!__ ilpo'WJ~'tiot:eicr~.c•lltl.O.c.u.M.0.<1"!~ rcM I Ii rd°llg ~~ s~ ~ lf.n. O.C. wtO ~ ~ ~ t1:1·~ ~lil!n Cf hQU) oc.ws . ' ( 1holt.wpk:wi~shct11t~cl'ld~~~...ii" I tt?t~Sc~.

l. M~ICfV<t0t•d~tssl'd~(1)/<C9ode:f4 ~bor~ft.-..Dol~e'd..UJl.Q. ~~ ~~O'M •~roff'kfltttdWCl . . mGJ"btwcd fll.u.ct""1iod~rd"'°tl0rl.

!Qlc:.\'l~~- · ~~Ot4&'IC!lfi: ~er . . ~ttt.'i:C!Nt!>Jl:di'~n ~'t."td.A!dlw"""n«:lcn~bt~dl!I Dm)r0;Tcl' •Ill L"- ,,-QU:i,.-ti.tcfs spod'"«bo& ~pion•d~betdano~dl:rl:I . l _..20__ """ ... [,,.,... .L. .

i t I i !

1----~ -

0 0

~1 0 ill.ne Vo=4881 IDs. . ' I \.::, 0 1 Shear Woll Oesian Cotculotions • Corage

I , .. I .... I " I '·" I .... ! ""''

Sheor Well Design Cok::ulotions • Mein ~se .. , ,_ -... 16,- ""':"' Col'<re1• ~ud~ "'111"«.CI ........... ~°"~· ,...,,.. ;:i.""'"5oc(,1) ~)~) ~otCtooceo); ... lfllc:Httft (U) -- C¥<-clW I #l'f)•lt• .... ,,.~; I • bot"l e V oc I...~ I 0-.C'ln fl'.:!llie """ <r ,..,,. '·" l&OO ·~ MI'S. l<' oc ·~ ,.,, ,~ .. JO... ,. ~.:.•Moc

#c(fle i """", ..... lO'•cT ""' ,.., I•"°"'. lC' oc --·-.. • fot,ci:~t 1a..r.1 "' 10JG$ I .,,, . 1~1W'r 1 ,.,. ,.,,. 10.1• ,. *'°". :<- oc l •r~l ..,, 1vr "' ?UV ' ' bM • u· er.

J 1 ..-. 1 1f\T 1:"·1- "' ... l•.~ 1·~·u·oc:

I .""'.... i ,.,. .S.!.9 ,.. Ml•. lt" oc T.cot'il'Ol'." "" ,.., ,,,.,..... ~I 1st Floor Pion . Shea r Woll Pion ""Li.JWind Va=23952 lbs.

-- l jrtik•woa~bl::cd<flG~"' : j ~nd Voz9406 lbs. ~ -~ I I ____&___ ""' .... t._. ..IL. I. n... UI~ .tllid ~ w'3h ot t."'is: M dc1 k conlifuu'y I ' ~Nd .aft S" ~ SU~ &:ions (~8) or WA RGed ~tM-1.,111 sntolning. St"~ l0t!ffwn !tioi be- 8d tonwn0it ot O.lll"U da.

II pow! 6~ sllot bt fmltndt-d ul 6h. 0.C. V.N,O. Clfl plo'ls.. r1dod: II I I •>~ ,~ ~ sMll bcl ~ r:tii. o.e.ux.o_ "°"oo 1lob silolkptl' plQrl oH . . be i:u.~«I Md IDlec ;r l.'!CC-0!6'ict f t I I 'r I. ""~""- 2.A.•~ICF'shto'd~Yd-~{1)f•912'ttto 'l'riclllbOr~dhirl,fl/toellNl.l.M.0. ~~ t · ~trdled ~'cf ~f!'ld ol stot\!t dfl!OJ'bt !Wt: ~ltudW!tfk:ol~wolfl'ldbors. ! I ..' I f i . ~ ~ i I I ~ I I I '' ! ~ i II ' ~ I l !~ ' I •o f • P.f- HG:"1 ! .

Jj l ~o g ~c )J1 •, ~ I ~1 '-xl "b @~ i' .- ! ! ..... ~. .JI •$ - 1'' tl $" /~ }z~·, ~-~~ ..

111\:._ i: ,,_-- - - -- -- -CD 1l<H·X· ~:: ' J%) ~ _,,_ ' J.-.-'"- ~: .µ·; .. ti . ' ~ I .__,,. ·p r if~L 11Jl •• y"- lh~t ! ,.,....,.. F"" I; ~ c,,,_,. h!l I ., ---· --f . ~ d L.o.../ d .

I c~ Shear Wall Design Colculotions • Main ~· ... ....., ..g -"'._ s .

E~ ~ ~ ~ 'fii g f- i v....w. c~' ....... .E~ ·~E3 i ~·c ~ ...~II ... Rtil'llct"C~ ~) ~(r:.-...to) ......... .,.,,.. won ....... ... ii"!,.._., ,., ~lhJ r".i) M (t\'c:} ~ .!..:- ~wg t ..,_, 7·r . .. -- .... I" ticn • - "' oe g .~~~~ ? .

1· 11.. I 11!) J0..4' 1~oars• :r OC' <~ .:- n:.:i I" ' - ..,..,.,. -~ f·f'" '"T ..t-11" •·T ?. tO lf..9C I"-·• 2roc: ~""" All lrnltaell!ians Subject "' I , ...._ ...... ,... ..,,. i1.:a '"~•1.t'oe Tofleklf~end teeolll01: JJ.~ ~1 .,;l c!l :r lnspoclor ApprcY1'i 5 m ! ~l i!l ! , - 1.,_1 I 10'-lf' I "'" ,,~5· :si.aa 1~borl'o 2._.oe -~.... I ~ ~ a ' 1.__ 1 .,,. µ11orr.•1¥"oc I I 15'-~r' ., ,,..., ·~ , I •w.e,_ I .. I ,... I ,-.u~ . ..... t~~•1ro:: .. / ''.

SW/ i 10CICll M),. .... ..""°',,.

2nd Floor Pion . Shear Woll Pion /wD"-. /. 2 !

1-.i..JW;r.d Vo=9406 lbs. ~ 1314079 l !

Exhibit G

STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instrnments are fu ll, trne and correct copies of the Town of Lakewood Village Builder Registration for "3960 Spinnaker Run Pointe". The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office.

I fu rther certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that ram a lawful possessor and keeper of the records in said office.

ln witness whereof 1 have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014.

~dD"-idrJ,R OJ ~ell, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas

BUILDER REGISTRATION APPLICATION

llUILOCllS TAX OR FEDERAL l.D.11 _ _ _ _ _ ·-- I.hi llw n:t1t1l\ 11Jllr«SI a11tl p f1u11c// uf al k:1ll 11•11(2) l1111f11f11~ 11S~od11fiu11~ of 11 hkh you nn· 11 11mnhrr I> #J-L.A ~-Au't.LJ~-1<Kf~ - - - - - l'llO NE11 '?i';;:;...--~F"'fR(b MEMllERsllii·11. y_5~~r~11;;;.fzgr7f----.-= -~.5-. AS!oc.Ji;r)J;) ~ 6.v,t-~6/L'S.-_ -- - - - 1'110:-.IEll 1.'f.?c2~~6-()~tv1El'vffiimsliil•11____ ~V-!-P:b ---=--- ---==-~ r u O P!.;{l'f )' OWNEgS JNf OUMATION

l'ROPER'I'\' OWNrm l'lltS'I' i\l lf>f )J.~: l,i\ST OWNEllS ADl>IH:SS .~ T l1:1.1>:l'llONE//

Al>DHESS or HOME TO BE BU I LT

ELEVATION GIWUNJ) FLOOR LEVEi.

TOT AL SQUARE FOOT1\0E

Page 4

Exhibit H

10-A

Denton County Commissioners Court _JaJt2..6,_2_Q1_0__ Date \Q ~CX)lj5 Court Order Number The Order:

C.QYJ1Jy_Jy_gg~ Mary Horn No Absent )( Commissioner Pct No 1 Hugh Coleman Yes Abstain ~ Commissioner Pct No 2 Ron Marchant Yes Abstain -- No No Absent Absent C.ommj§~iP.r.wr. Pct N.Q. 3. Yes ~ C.o.mm.i~13jQo_E!r.. PctN_o .4 Yes ~ Bobbie J. Mitchell Abstain Andy Eads Abstain No No Absent Absent Motion Carried 5-· () --o Other Action: Pulled from Consent__ No Action __ Postponed __

BY ORDER OF THE COMMISSIONERS COURT: ATTEST:

p. 165 of 220

____...... ______ RESOLUTION APPLYING SUDCHAPTER F. CHAPTER 233~ TEXAS LOCAL GOVERNMENT CODE, TO CERTAIN RESIDENTIAL CONSTRUCTION IN UNINCORPORATED AREAS OF DENTON COUNTY .. BEGUN AFrER FEBRUARY 1, 2010 WHEREAS, the Texas Legislature passed HB 2833 during the 8 I st Regular Session, codified in Sections 233.151 through 233.157 of the Texas Local Government Code, to provide for the health, safety and general welfare of all Texans through home construction standards in the unincorporated areas of counties, and WHEREAS, the citizens of Denton County desire the construction of quality housing and wholesome living environments for its citizens living in wrlncorporated areas.

NOW, THEREFORE, BE IT RESOLVED, that we, the Commissioners Court of Denton County, in accordance with Section 233.153, Texas Local Government Code, order that construction of a new singJe..family house or duplex 011 a vacant lot begun after February 1, Ot in the unincorporated areas of Denton County must conform to either the version of the International Residential Code published as of May 1, 2008 or the version of the International Residential Code that is applicable in the City of Denton, Texas; and FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233.153, Texas Local Government Code) any construction of an addition to an existing single-family house or duplex, if the addition will increase the. square footage or value of the existing residential building by more than 50 percent, begun after February 1, 2010, in the unincorporated areas of Denton County must conform to either the version of the International Residential Code published as of May. 1~ 2008 or the version of the International Residential Code that is applicable in the City of Denton, Texas; and FURTHERMORE, BE IT RESOLVED, that notwithstanding the above language and in accordance with Section 233. 153(c), if the above described construction occurs in the extraterritorial jurisdiction of a municipality that has adopted a building code for the municipality's extraterritorial jurisdiction, the building code adopted by the municipality controls .. an4 ...~l1il4itl8...C<>cl.e. .s.ttlll4~d.~ .. un4er. .. S..11b~lillP.ter. F o($ection 233.JS3 .of the . Texas Local.

Government Code have no effect in that municipality's extratenitorialjurisdiction.

FURTHERMORE, BE IT RESOLVEDt that in accordance with Section 233.154(a), Texas Local Government Code, a minimum of three inspections must be performed to ensure substantial building code compliance in the construction of a new single-family house or duplex or the construction of an addition to an existing single-family house or duplex begun after February 1) 2010, in the unincorporated areas of Denton County. The three required inspections during the construction project, as applicable must be performed at (1) the foundation stage, before the placement of concrete; (2) the framing and mechanical systems stage, before covering with.drywall or other interior waU covering; and (3) completion of construction of the residence.

For remodeling construction to an existing residence in which the structure's square footage or value will increase by more than SO percent, ~~.JU~Jl;~t~on requirements must be perfonned as ~Page 1 of3

necessary based on the scope of work of the construction project. The build~ is responsible for contracting to perform the required inspections with (1) licensed engineer; (2) a registered architect; (3) a professional inspector licensed by the Texas ReaJ Estate Commission; (4) a plumbing inspector employed by a m\.Ulicipality and licensed by the Texas State Board of Plumbing Inspectors; (5) a building inspector employed by a political subdivision; or (6) an individual certified as a residential combination inspector by the International Code Council. A builder may use the same inspector for all the required inspections or a different inspector for each required inspection; and FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233.154(b)) Texas Local Government Code, a builder perfonning construction of a new single~family house or duplex or the construction of an addition to an existing single-family house or duplex begun after February 1, 2010, in the unincorporated areas of Denton County must, prior to beginnjng the construction project, provide notice to the Director of Public Works/Engineering. The Denton County Commissioners Court prescribes the Notice of Residential Construction in Unincorporated Areas attached to this Resolution as the required Notice. The notice must include (1) the location of the new residential construction; (2) the approximate date by which the new residential construction will be commenced; and (3) the version of the International Residential Code that will be used by the builder to construct the new residential construction, and FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233.154(c), Texas Local Govenunent Code, not later than the 10th day after the date of a. final inspection, a builder perfomrlng construction of a new singl~ family house or duplex of the construction of an addition to an existing single-family house or duplex begun after February 1, 2010, in the unincorporated areas of Denton County must submit notice to (1) the Director of Public Works/Engineering and (2) the person for whom the new residential construction is being built, if different from the builder, stating whether or not the inspection showed compliance with the building code standards applicable to that· phase of constructi<m. The Denton County Commissioners Court prescribes the Notice of Residential Construction Inspection Compliance in Unincorporated Areas attached to this Resolution as the required Notice.

IN WITNESS THEREOF~we have here~~~et our htmQS a.nd caused the great .seal of :do~ day of _U:jQ\X>.'<Ll , 2010.

Denton County to be affixed this ~ .\ ADO OPEN COURT the 'JJ,i. ¥Y.~[}an~~. :ipon Motion made by ~r-~~~L.1-Uo~-- and seconded by ~Uli\. ~ and , members of the court being pr ent d voting.

--·· • Page2of3

OMMISSIONER

ATTEST:

y~;!;;~;~1;:!R~ }\: ::;~_,. ,.

Resolution- Certain Residential Constructioo.tt}:l)riiJiW@~t~%~ '6tp~nton C<>unty • ·Page 3of3

\ ..

DENTON COUNTY NOTICE OF RESIDENTIAL CONSTRUCTION IN UNINCORPORATED AREA

BUILDER. I CONTRACTOR INFOBMATIO~

BUSINESS ADDRESS: MAILING ADDRESS (IF DIFFERENT):

PHONE NUMEER: FAX NUMBER! ------~---CONTACT PERSON: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

PROJECf INFOBMATION TYPB Of' CONSTRUCTION: (CHECK ONE) ( ] New Residential C-Onsuuction on Vacant Lot ( ] Addition to an Existing Residential Unit LOCATION ADDRESS (fNCLUDINO ZIP CODE}: OR LOT AND BLOCK# _ _ _ _ _ _ _ _ _ __ SUBDIVISION: _ _ _..:..-_ _ _ _ _ _ _ __ SURVEY~ ~-~~--------~~ TRACT: PLANNED DATE TO BEGIN CONSTRUCTION: - - - - - - - - - - - - - - - - - - - - - - -

RESIDENTIAL CODB TO BH USED JN CONSTRUCTION: (CHECK ONB) ( ) INTERNATIONALRBSIDBNTIAL CODE ·published May I. 2008 [ ] INTERNATIONAL.RESIDENTIAL CODE- applicable in Denton

AurnORIZED REPRESENTATIVE SIONATIJRB PRINTED NAME DATE

DENTON COUNTY NOTICE OF RESIDENTIAL CONSTRUCTION INSPECTION COMPLIANCE Received IN UNINCORPORATED AREA Permit#

INSPECTQR INFQRMAJ'lQN NAME:~~~~~~~~~~~~~~~-~~~~~~~~~~~~~~~~ BUSINaSS ADDRESS: MAlLlNO ADDRESS (IF DIFFBR.ENT):

PHONBNUMBER: - - - - - - - - EMAILADDRESS: ----~--~-------- FAX NUMBER: _ _ _ _....__ _ _ _ PROFESSJONAL REGISTRATION {TYPBAND#) _ _ _ _ _ _ _ __

PROJECT INFQftMATION DATEOFINSPECTION: - - - - - TYPEOFCONSTRUCflON: (CHECK ONE} LOCATION [ ] New Residential Construction on Vacant Lot ADDRESS:~~~~~~~~ [ ] Addition to an Existing Residential Unit

RESIDENTIAL CODEUSED IN CONSTRUCTION: (CHECK ONE) [ ] INTERNATIONAL RESIDENTIAL CODE- published May lJ 2008 OR LOT AND BLOCK# - - - - [ ] INTBRNATlONAL RESIDENTIAL CODE- applicable in Denton SUBDMSION: - - - - - - - CONSTRUCTION PHASE: (CHECK ONE) SURVEY:~~~~~-~~~- [ ] FOUNDATION STAGE (before plae<:nient of concrete) ( ] FRAMING AND MECHANICAL SYSTEMS STATE (before covering TRACI': _ _ _ _ _ _ _ _~ with dJywall or other intaior wall covering) [ } COMPLETION JNSfECf10N CONCLUSION At the indicated stage of construction, the projeot indicated above is: (check one) [ JIN COMPLIANCE [ ] NOT IN COMPLJANCE with the residential code used in construction.

COMMENTS:

SIGNATIJRE OF INSPECTOR PRINTED NAME DATE

10-A

AGENDA PLACEMENT MEMO DATE: Jan 22, 2010 TO: Commissioners Court FROM: Bennett Howell SUBJECT: Resolution - Residential Construction in Unincorporated Areas of Denton County

.REQUESTED ACTION/RE_QOMMENDAilQ_N Approval of a resolution applying Subchapter F, Chapter 233, Texas Local Government Code, to certain residential construction in unincorporated areas of Denton County - begun after February 1, 2010, and any appropriate action.

6ACK~BQUNP The Texas State legislature enacted HB 1038 during the 80th Regular Session, effective September 1, 2007, that provided criteria for the inspection of homes which heretofore were not subject to the inspection codes of a municipality. The requirements of this bill was supposed to result in homes that were In greater compliance with the accepted residential building standards, safer and with fewer construction defects.

The Legislature also created the Texas Residential Construction Commission (TRCC) to oversee this new law. The TRCC was also supposed to license builders, monitor compliance and store the Inspection records.

The Legislature during the 81st Regular Session passed HB 2833 which essentially eliminated the TRCC and placed the responsibility on the county government to ensure residential home builders wer(rcomplyin-g·with·HB 1038. However-, HB 2833 did .. provide counties with the authority to enact building codes,. inspect the structures or require the builders to provide Inspection documentation, it specially stated that counties cannot charge a fee for this service.

This proposed Resolution provides that the County will be the depository for the home inspection documentation for homes constructed after February 1, 2010. Home builders will be required to notify the County when construction is going to begin and submit documentation that the inspections were made in accordance with HB 2833.

O.Pt;RAI.ION$ AN.O. .MAINJENANCE;,.~1'" :-! . :· . . ,~~g;~0;{~J.l;?'.(\:.J ::·,. . .

Denton County Planning Dep:iirii\1~ohvill,.ilrovide the forms to the builders and file the inspection records as part ofltt'4Jtyrr~nf:bevelopment Permit Application. This Resolution will not place a_r)yJ~tt.M:r bu~d~n$ on-~he builders since these inspections

Jan 22, 2010 820 AM :\~;~~:f~i~~:?}' p. 166 of 220

were supposed to be occurring prior to 2007.

L.E.GALJt-JFQRM.ATIQN The Legal Department has worked closely with the Public Works Department on this Resolution .

.f t~ANCJ.t'\J._JMP.A.GT This Resolution will not have any financial impact on the County or the home builder.

The Resolution has an effective date of February 1, 2010.

None

Jan 22, 2010 6:20 AM p. 167 of 220

10-A

Denton County Commissioners Court Request For Agenda Placement Submitted By: Bennett Howell Requested Agenda Date: Jan 26, 2010 Department: Public Works/Enginccrtug Grouping: PUBLIC WORKS

Specific Agenda Wording: Approval of a resolution applying Subchapter F, Chapter 233, Texas Local Government Code, to certain residential construction In unincorporated areas of Denton County - begun after February 1, 2010, and any appropriate action.

APPROVAL FLOW - A .. Resolution - Residential Constrnction in Unincorporated Al'eas of Denton County

':i;

Jan 22. 2010 s:20 i\~f 01mt!5{l Coun!Y, . ,\ -~ ~ i..t:, - !.\,":\. " p. 164 or 220 ) .

-----~~~~~if!~!,~';' _..,. . ,. ,______________ Exhibit I

STA TIE OF TIEXAS CIEIRTIFICATIE TO COPY OF PUJBUC RIECOIRD COUNTY OF DIENTON

I hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of Denton County Notice and Resolution - Certain Residential Construction in Unincorporated Areas of Denton County. The same appear of record in my office and said documents are the official records from the public office of the Public Works Department of Denton County, Texas, and are kept in said office.

I further certify that I am the Director of Public Works for Denton County, Texas, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office.

In witness whereof I have hereunto set my hand this 14th day of April, 2014.

Bennett C. Howell, 111, PE, CFM

De11ton County Departn1e11.t of Public YNorks Engineering Division 1505 East McKinney Street, Suite 175 - Denton, Texas 76209 940.349.3250 phone - 940.349.2991 fax vvww.dentoncounty.com

NOTICE l1ro1ne B11ilders and IIome Buyers On January 26, 2010, Denton County Commissioners Court approved a resolution that applies to certain residential construction in the unincorporated areas of Denton County.

This resolution applies to you if: c You are building a home in the unincorporated areas of Denton County after February 1, 2010; or You are remodeling an existing home in the unincorporated areas of Denton County after February 1, 2010 and the addition increases the square footage or value of the existing home by more than 50%. " This resolution applies if you are constructing a single-family house or duplex.

The J1ew home constru.ctlon and remodel must conform to either: o International Residential Code published as of May I , 2008; or o The version of the International Residential Code that is applicable in the City of Denton. The State law requires the builder to use either the International Residential Code published as of May 1, 2008 or the International Residential Code adopted by the County Seat, which in Denton County is the City of Denton.

Building in the Extra Territorial Jurisdiction (ETJ}: If you are building in the BTJ of a municipality that has adopted a building code for the municipality's ETJ, then the builder follows the municipality's codes. However, the builder is still required to submit the necessary paperwork to Denton County Public Works.

VVhat are the builder's responsibilities?

a Three required inspections during the construction project. o The foundation stage before the placement of concrete;

o The :framing and mechanical systems stage before covering with drywall or other interior wall covering; and o Completion of construction of the residence. o For remodeling projects that meet the definition of this resolution, the number of inspections are based on _the scope of work of the project Who performs these mspectfo:ns?

• Licensed Engineer; @ Registered Architect; ., Professional Inspector licensed by the Texas Real Estate Commission; • Plumbing Inspector employed by a municipality and licensed by the Texas State Board of Plumbers; • Building Inspector employed by a political subdivision; or • Individual certified as a residential combination inspector by the International Code Council. • The builder may use the same inspector for all the required inspections or a different inspector for each required inspection. 'Who receives the d.ocume:ntaticm?

® The builder shall provide the inspection information to the home buyer and Denton County Public Works. ~ The required forms are attached to this Notice.

o The builder uses the first form to notify the County specifically: Location of the new residential construction Iii Approximate date by which the construction will be commenced 11: The version of the International Residential Code used to construct the home o The builder uses the second form to document the inspections.

RESOLUTION APPLYING SUBCHAPTER Fo CHAPTER 233, TEXAS LOCAL GOVERNMENT CODE, TO CERTAIN RESIDENTIAL CONSTRUCTION JN UNINCORPORATED AREAS OF DENTON COUNTY"' BEGUN AFTER FEBRUARY ll., 20JHJl WHEREAS, the Texas Legislature passed HB 2833 during the 81 st Regular Session, codified in Sections 233.151 through 233.157 of the Texas Local Government Code, to provide for the health, safety and general welfare of all Texans through home construction standards in the unincorporated areas of counties, and WHEREAS, the citizens of Denton County desire the construction of quality housing and wholesome living environments for its citizens living in unincmporated areas.

NOW, THEREFORE, BE IT RESOLVED, that we, the Commissioners Court of Denton County, in accordance with Section 233.153, Texas Local Government Code, order that construction of a new single-family house or duplex on a vacant lot begun after February 1, 2010, in the unincorporated areas of Denton County must conform to either the version of the International Residential Code published as of May 1, 2008 or the version of the International Residential Code that is applicable in the City of Denton, Texas; and FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233.153, Texas Local Government Code, any construction of an addition to an existing single..family house or duplex, if the addition will increase the square footage or value of the existing residential building by more than 50 percent, begun after F ebruazy 1, 2010, in the unincorporated areas of Denton County must conform to either the version of the International Residential Code published as of May. 1, 2008 or the version of the International Residential Code that is applicable in the City of Denton,' Texas; and FURTHERMORE, BE IT RESOLVED, that notwithstanding the above language and in accordance with Section 233. 153(c), if the above described construction occurs in the extratenitorial jurisdiction of a municipality that has adopted a building code for the municipality's extraterritorial jurisdiction, the building code adopted by the municipality controls and building code standards under Subchapter F of Section 233.153 of the Texas Local Government Code have no effect in that municipality's extraterritorial jurisdiction.

FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233.154(a), Texas Local Government Code, a minimum of three inspections must be performed to ensure substantial building code compliance in the construction of a new single-family house or duplex or the construction of an addition to an existing single-family house or duplex begun after February 1, 2010, in the unincorporated areas of Denton County. The three required inspections during the construction project, as applicable must be performed at (1) the foundation stage, before the placement of concrete; (2) the framing and mechanical systems stage, before covering with-drywall or other interior wall covering; and (3) completion of construction of the residence.

For remodeling construction to an existing residence in which the structure's square footage or value will increase by more than 50 percent, the inspection requirements must be performed as Resolution - Certain Residential Construction in Unincorporated Areas of Denton. County - Chapter 233 Tex. Loe. Gov't Code -Page 1 of3

necessary based on the scope of work of the construction project. The builder is responsible for contracting to perform the required inspections with (1) licensed engineer; (2) a registered architect; (3) a professional inspector licensed by the Texas Real Estate Commission; (4) a plumbing inspector employed by a municipe1ity and licensed by the Texas State Board of Plumbing Inspectors; (5) a building inspector employed by a political subdivision; or (6) an individual certified as a residential combination inspector by the International Code Council. A builder may use the same inspector for all the required inspections or a different inspector for each required inspection; and FURTHERMORE9 BE IT RESOLVED, that in accordance with Section 233.154(b), Texas Local Government Code, a builder performing construction of a new single~family house or duplex or the construction of an addition to an existing single-family house or duplex begun after February 1, 2010, in the unincorporated areas of Denton County must, prior to beginning the construction project, provide notice to the Director of Public Works/Engineering. The Denton County Commissioners Court prescribes the Notice of Residential Construction in Unincorporated Areas attached to this Resolution as the required Notice. The notice must include (1) the location of the new residential construction; (2) the approximate date by which the new residential construction will be commenced; and (3) the version of the International Residential Code that will be used by the builder to construct the new residential construction, and FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233.154(c), Texas Local Govenunent Code, not later than the 10th day after the date of a final inspection, a builder performing construction of a new single-family house or duplex of the construction of an addition to an existing single-family house or duplex begun after February 1, 2010, in the unincorporated areas of Denton County must submit notice to (l) the Director of Public Works/Engineering and (2) the person for whom the new residential construction is being built, if different from the builder, stating whether or not the inspection showed compliance with the building code standards applicable to that phase of construction. The Denton County Commissioners Court prescribes the Notice of Residential Construction Inspection Compliance in Unincorporated Areas attached to this Resolution as the required Notice.

JlN WITNESS THEREOF, we have hereunto set our bands and caused the great seal of Denton County to be affixed this ~G day of 'Jtc1td''1'.r1C< , 2010. a ' ADOPTED Ilj OPEN COURT the r.:2~ day of Janurup 2010 upon Motion made by 1h6h/e, .!. /fftki~/I and seconded by _ J'ltJlq ~/-!PS , and 2_ members of the court being res t and voting. J

GH COLEMAN, COMMISSIONER RUN HANT, COMMISSIONER PRECINCT 1 PRECINCT2 Resolution - Certain Residential Construction in Unincorporated Areas of Denton, County • Chapter 233 Tex. Loe. Gov't Code · Page2 of3

MMISSIONER

AITEST:

Resolution - Certain Residential Construction in Unincorporated Areas of Denton County - Chapter 233 Tex. Loe. Gov't Code - Page3 of3

Cause No. 14-01991-431 FILED ZOI~ APR 17 AH 11: I It TOWN OF LAKEWOOD VILLAGE, § IN THE IS~f=I 6&TS¥-f'1ilF Plaintiff, § JISTRICT CL[RI\ OlNTCH CO .• TA § § i1 v _cJ-""-~--'----DEPIJTY V. § DENTON COUNTY, TEXAS § HARRY BIZIOS, § Defendant. § 431 st JUDICIAL DISTRICT ORDER GRANTING TEMPORARY INJUNCTION On this day came to be considered the Plaintiff, the Town of Lakewood Village's, Request for Temporary Injunction against Defendant, Harry Bizios.

The Court, having considered the Request, the evidence presented, arguments of counsel, and the pleadings on file in this case, is of the opinion that Plaintiff's Request for a Temporary Injunction should be GRANTED.

IT IS THEREFORE ORDERED that Defendant Harry Bizios and his agents, servants, employees, representatives, and all persons or entities of any type whatsoever acting in concert with him or acting on his behalf, shall allow inspections by the Town of Lakewood Village's Building Official or designee on the Property, and shall immediately cease and desist any construction on the Property described as LOT 84, BLOCK 1 OF SUNRISE BAY AT LAKE LEWISVILLE, AN ADDITION TO THE CITY OF LITTLE ELM, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET L, PAGE 224, PLAT RECORDS, DENTON, COUNTY, TEXAS (the "Property") until such time as they have (1) applied for and obtained approval from the Town of Lakewood Village of necessary permits; (2) submitted engineering inspection certificates to the Town of Lakewood Village; and (3) complied with the Town's Ordinances.

ORDER GRANTING TEMPORARY INJUNCTION - PAGE 1 The Court finds from the facts and evidence set forth in Plaintiffs Request and the evidence adduced at the hearing on this matter, that Plaintiff has suffered and will continue to suffer a probable injury inasmuch as harm is imminent from Defendant's violations of the Town of Lakewood Village's Ordinances, including by constructing a single family residence without a building permit issued by the Town and inspections and plan approval by the Town. Without injunctive relief, defendant will engage in the activities enjoined. The Court further finds that unless Defendant and his agents, servants, employees, representatives, and all persons or entities of any type whatsoever acting in concert with him or acting on his behalf are immediately enjoined as described above, Defendant will continue to violate the Town Ordinances.

Injunctive relief is warranted in this cause, as the Town has suffered and will continue to suffer violations of its duly-enacted Ordinances with no recourse to prevent such violations.

The Court also finds from the facts and evidence set forth in the Request and evidence adduced at the hearing on this matter that Plaintiff has a probable right to relief at final hearing and that there is a substantial likelihood that Plaintiff will prevail on the merits at trial, that a temporary injunction issued to Defendant and his agents, servants, employees, representatives, and all persons or entities of any type whatsoever acting in concert with him or acting on his behalf regarding the above-described acts is reasonable under the circumstances. The Court finds the violation is itself a finding of injury.

IT IS FURTHER ORDERED that the Clerk of the Court shall forthwith issue a writ of Temporary Injunction in conformity with the law and terms of this Order. Plaintiff as a municipality is not required to give bond to secure a temporary injunction. Once effective, this Order shall remain in full force and effect until Defendant and his agents, servants, employees, representatives, and all persons or entities of any type whatsoever acting in concert with him or

ORDER GRANTING TEMPORARY INJUNCTION - PAGE 2 acting on his behalf fully comply with the above-described actions by allowing inspections by the Town of Lakewood Village's Building Official or designee on the Property, and immediately ceasing and desisting any construction on the Property until such time as they have (1) applied for and obtained approval from the Town of Lakewood Village of necessary permits; (2) submitted engineering inspection certificates to the Town of Lakewood Village; and (3) complied with the Town's Ordinances.

IT IS FURTHER ORDERED that this Temporary Injunction shall remain in effect pending entry of final judgment on the permanent injunction and final trial on the merits. It is therefore ordered that this case be set for trial on ~5 , 2016 at ~:!YD a.m.~ Rendered on April 16, 2014, at 5 :00 p.m., and Signed on April 17, 2014, at 11 :00 a.m.

ORDER GRANTING TEMPORARY INJUNCTION - PAGE 3 Denise Spalding From: Jonathan Bailey Sent: Thursday, April 17, 2014 11 :30 AM To: Anderson, Art Cc: '[email protected]'; '[email protected]'; 'Jennifer Decurtis [email protected])'; Denise Spalding; Mellony Ariail Subject: RE: re: Town of Lakewood Village v. Harry Bizios; No. 14-01991-431 Attachments: 0996_001.pdf

CounscL Attached you will find the Order Granting Temporary Injunction entered and filed in this case.

Should you have any questions or requests for clarification, please "reply all" to this message.

Sincerely,

JlJDGE PRESIDING sr DISTRICT COURT 1450 E. McKinney Street Denton, Texas 76209 Phone: (940) 349-4370 Fax: (940) 349-4371 dentoncounty.com/431 Please note that use of the Court's email address in this case is authorized solely for the limited purpose indicated. Do not communicate with the Court regarding this case by email except as expressly requested or permitted herein.

From: Paul, Paget [mailto:[email protected]] On Behalf Of Anderson, Art Sent: Thursday, April 17, 2014 9:18 AM To: Anderson, Art; Jonathan Bailey Cc: '[email protected]'; '[email protected]'; 'Jennifer Decurtis ([email protected])'; Denise Spalding; Mellony Ariail Subject: RE: re: Town of Lakewood Village v. Harry Bizios; No. 14-01991-431 My apologies. Attached is the document in WORD (instead of the previously sent pdf).

From: Paul, Paget On Behalf Of Anderson, Art Sent: Wednesday, April 16, 2014 4:53 PM To: '[email protected]' Cc: [email protected]; [email protected]; Jennifer Decurtis [email protected]); Denise Spalding; Mellony Ariail; Anderson, Art Subject: re: Town of Lakewood Village v. Harry Bizios; No. 14-01991-431

Mr. Messer forwarded to us a new version of the proposed Order. Attached in WORD is our redlined version. In order to prevent expensive reconstruction, we respectfully request that the attached Order be approved by the Court.

Regards, Art Anderson Winstead PC I 500 Winstead Building I 2728 N. Harwood Street I Dallas, Texas 75201 214.745.5745 direct I 214.745.5390 fax I [email protected] I www.winstead.com

WINSTEAD

IRS Circular 230 Required Notice--IRS regulations require that we inform you as follows: Any U.S. federal tax advice contained in this communication (including any attachments) is not intended to be used and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or tax-related matter[s].

Information contained in this transmission is attorney privileged and confidential. It is intended for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone.

FILED: 5/6/2014 2:07:55 PM SHERRI ADELSTEIN · Denton County District Clerk By: Joanna Price, Deputy

CAUSE NO. 14-01991-431 TOWN OF LAKEWOOD VILLAGE, § IN THE DISTRICT COURT OF TEXAS, § § Plaintiff, § § v. § DENTON COUNTY, TEXAS § HARRY BIZIOS, § § Defendant. § 431 st JUDICIAL DISTRICT NOTICE OF APPEAL TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES Defendant Harry Bizios, pursuant to Tex. R. App. P. 25.1, and files this, his Notice of Appeal in the above numbered and styled cause indicating his desire to appeal from the Order of the trial court entered on April 17, 2014, with said appeal to be taken to the Court of Appeals for the Second District of Texas at Fort Worth.

The appeal is accelerated pursuant to Tex. R. App. P. 28.l and Tex. Civ. Prac. & Rem.

Code§ 51.014(a)(4).

NOTICE OF APPEAL - Page 1 656 Respectfully submitted, WINSTEAD PC Winstead Building 2728 N. Harwood Street Dallas, Texas 75201 (214) 745-5745 - Phone (214) 745-5390-Fax

By: Isl Arthur J. Anderson Arthur J. Anderson State Bar No. 01165957 ATTORNEYS FOR DEFENDANTS

CERTIFICATE OF SERVICE I hereby certify that on the _6tJJ. day of May, 2014, a true and correct copy of the foregoing was served by electronic filing to the following counsel of record: William Andrew Messer, Esq. :tvfESSER, ROCKEFELLER & FORT, P.L.L.C. 51 Preston Road Suite 350 Frisco, TX 75034 ls/Arthur J. Anderson ONE OF COUNSEL

DALLAS I/62797l3v.l 56756-l 05/0612014

NOTICE OF APPEAL - Page 2 657 FILED: 5/6/2014 2:09:34 PM SHERRI ADELSTEIN Denton County District Clerik By: Joanna Price, Deputy

CAUSE NO. 14-01991-431 TOWN OF LAKEWOOD VILLAGE, § IN THE DISTRICT COURT OF TEXAS, § § Plaintiff, § § v. § ·DENTON COUNTY, TEXAS § HARRY BIZIOS, § § Defendant. § 431st JUDICIAL DISTRICT

DEFENDANT'S REQUEST FOR REPORTER'S RECORD TO THE COURT REPORTER OF SAID COURT: Harry Bizios, Defendant in the above numbered and styled cause, has filed a notice of appeal pursuant to Rule 25.1 of the Texas Rules of Appellate Procedure. He formally requests the Court Reporter of this Court to prepare and deliver the Reporter's Record to the Court of Appeals for purposes of appeal.

I.

Please prepare an original and one copy of the reporter's record containing all testimony from an of the witnesses, all discussions between the dudge and lawyers, all bench conferences, and all exhibits offered at. the temporary injunction hearing in this cause.

II.

Plaintiffs will forward payment for the cost of the Report,er's Record as soon as it is notified of the amount due.

DEFENDANT'S REQUEST FOR REPORTERS' RECORD - Page 1 Respectfully submitted, WINSTEAD PC Winstead Building 2728 N. Harwood Street Dallas, Texas 75201 (214) 745-5745 - Phone (214) 745-5390-Fax

By: Isl Arthur J. Anderson Arthur J. Anderson State Bar No. 01165957 ATTORNEYS FOR DEFENDANT

CERTIFICATE OF SERVICE I hereby certify that on the 6th day of May, 2014, a true and correct copy of the foregoing was served by electronic filing to the following counsel of record: William Andrew Messer, Esq. .

11ESSER, ROCKEFELLER & FORT, P.L.L.C. 6351 Preston Road Suite 350 Frisco, TX 75034 Isl Arthur J. Anderson ONE OF COUNSEL

DEFENDANT'S REQUEST FOR REPORTERS' RECORD - Page 2 FILED: 5/6/2014 2:11:00 PM SHERRI ADELSTEIN Denton County District Clerk By: Joanna Price, Deputy

CAUSE NO. 14-01991-431 TOWN OF LAKEWOOD VILLAGE, § IN THE DISTRICT COURT OF TEXAS, § § Plaintiff, § § v. § DENTON COUNTY, TEXAS § HARRY BIZIOS, § § st Defendant. § 431 JUDICIAL DISTRICT REQUEST FOR PREPARATION OF CLERK'S RECORD Pursuant to Texas Rule o f Appellate Procedure 35, Defendant Harry Bizios st notifies the court clerk for the 431 Judicial District Court o f Denton County that he has filed a notice o f appeal with the Fort Worth Court o f Appeals, located in Fort Worth, Texas, on May 6, 2014. Defendant requests the preparation o f the Clerk's Record on appeal. Defendant requests that the Clerk include all o f the documents in the court's file in the Clerk's Record, including but not limited to: a) Court's docket sheet; b) All materials designated in Texas Rule o f Appellate Procedure 34.5; c) All pleadings, motions, briefs and orders thereon; d) All correspondence authored by the parties or their attorneys o f record; e) All correspondence authored by Judge Jonathan Bailey; f) Defendant's Notice o f Appeal filed on May 6, 2014; g) Defendant's Request for Preparation o f the Reporter's Record filed on May 6, 2014; and

REQUEST FOR PREPARATION OF CLERK'S RECOR D - Page 1 660 h) Defendant's Request for Preparation of the Clerk's Record filed May 6, 2014.

Respectfully submitted, WINSTEAD PC Winstead Building 2728 N. Harwood Street Dallas, Texas 75201 (214) 745-5745-Phone (214) 745-5390-Fax

By: /s/Arthur J. Anderso n Arthur J. Anderson State Bar No. 01165957 ATTORNEYS FOR DEFENDANT HARRY BIZIOS

CERTIFICATE OF SERVICE tV> I hereby certify that on the 6 day o f May, 2014, a true and correct copy o f the foregoing was served by electronic filing to the following counsel o f record: William Andrew Messer, Esq.

MESSER, ROCKEFELLER & FORT, P.L.L.C. 6351 Preston Road Suite 350 Frisco, TX 75034 /s/ Arthur J. Anderso n ONE OF COUNSEL

DALLAS_l/6279688v.l 56756-1 05/06/2014f

REQUEST FOR PREPARATION OF CLERK'S RECOR D - Page 2 661 Judicial Docket Entries Cause No. 14-01991-431

~-- - --· - -- ---- · · · - -y---- - - - - - - -- - - ------ - 1~-----·----- · · ---'---------------

Sherri Adelstein PO Box 2146, Denton, Texas 76202-21 46 PH: 940-349-2200 FAX: 940-349-2201 DENTON COUNTY THE STATE OF TEXAS BILL OF COST Cause: 14-01991 -431 TOWN OF LAKEWOOD VILLAGE V. HARRY BIZIOS ,-- - --- -- ------ ------------~---- -· - - - - ----~

~ J Init Balance l_i'_ l erk_ ' s_f3-~_~o rd Cost for Appeal (Civil) J 665.00 0.0_0_ _ _ ~ . o_ o~I ____ _ o ._ oo~I I certify that the above foregoing is a true and correct statement of the Bill of Costs associated with the above numbered and entitled cause on May 13, 2014.

CLERK'S CERTIFICATE

THE STATE OF TEXAS * COUNTY OF DENTON * I, Sherri Adelstein, Clerk of the District Courts of Denton County. Texas do hereby certif~' that the documents contained in this record to which this cc11i fication is attached arc all the documents specified by Texas Rule of Appellate Procedure 34.S(a) and all other documents timely requested by the parties to this proceeding under Texas Ruic of Appellate Procedure 34.S(b).

Given under my hand and seal at my office in Denton, Denton County. Texas this 13th day of May. 2014.

Sherri Adelstein District Clerk Denton County, Texas

/s/ 7o)fona <Price JoAnna Price Deputy Clerk Civil/Family Division

LAKEWOOD VILLAGE V. BIZIOS - VOL. 1 OF 4 VOLS.

1 REPORTER'S RECORD 2 VOLUME 1 OF 4 VOLUMES FILED IN 3 2nd COURT OF APPEALS TRIAL COURT CAUSE NO. 14-01991-431 FORT WORTH, TEXAS 4 COURT OF APPEALS NO. 6/2/2014 2:41:22 PM 02-14-00143-CV DEBRA SPISAK TOWN OF LAKEWOOD VILLAGE, ) IN Clerk THE DISTRICT COURT TEXAS ) 6 ) VS. ) DENTON COUNTY, TEXAS 7 ) HARRY BIZIOS ) 431ST JUDICIAL DISTRICT

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 1 OF 4 VOLS.

1 A P P E A R A N C E S MR. W. ANDREW MESSER SBOT NO. 13472230 MS. JENNIFER A. DeCURTIS SBOT NO. 24045767 MS. BRENDA N. McDONALD SBOT NO. 14993300 Messer, Rockefeller & Fort, PLLC 6351 Preston Road Suite 350 Frisco, Texas 75034 Telephone: (972) 668-6400 E-mail: [email protected]; [email protected]; and [email protected] Counsel for Plaintiff

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 1 OF 4 VOLS.

1 VOLUME 1 2 MASTER INDEX 3 PAGE VOL.

4 Reporter's Certificate .......................... 10 1 5 VOLUME 2 MOTION FOR TEMPORARY INJUNCTION; MOTION TO DISSOLVE TRO AND DENY TEMPORARY INJUNCTION APRIL 15, 2014 8 PAGE VOL.

1 MASTER INDEX (CONTINUED) 2 PAGE VOL.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 1 OF 4 VOLS.

1 MASTER INDEX (CONTINUED) 2 VOLUME 4 3 EXHIBIT VOLUME 4 ALPHABETICAL INDEX OF WITNESSES 5 DIRECT CROSS VD Asbell, Linda 59 v2 87 v2 v2 111 v2 Bizios, Harry 61 v3 Freeman, Steve 117 v2 149 v2 9 148 v2 Hoffmann, Alan 14 v3 43 v3 28 v3 v3 11 57 v3

13 STIPULATED EXHIBITS EXHIBIT DESCRIPTION OFFERED ADMITTED 1 General Warranty Deed 16 v2 16 v2 2013-69513 6/7/13 2 Town Limits and ETJ 16 v2 16 v2 17 Official Map 3 Denton County Map of 16 v2 16 v2 Town and ETJ 4 Denton County ETJ Map 16 v2 16 v2 20 of Subdivision 5 Denton County Map of 16 v2 16 v2 Contours 6 Denton County Appraisal 16 v2 16 v2 23 District Records of Property 7 Plat of Sunrise Bay 16 v2 16 v2 25 Subdivision Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 1 OF 4 VOLS.

1 STIPULATED EXHIBITS EXHIBIT DESCRIPTION OFFERED ADMITTED 8 Site Plans and Building 16 v2 16 v2 Plans and Elevations of 4 3960 Spinnaker Run Pointe 9 Stop Work Order 3/13/14 16 v2 16 v2 10 Stop Work Order 3/14/14 16 v2 16 v2 11 Photographs dated 16 v2 16 v2 8 3/10/14 12 Photographs dated 16 v2 16 v2 3/13/14 13 Photographs dated 16 v2 16 v2 11 3/14/14 14 Photographs dated 16 v2 16 v2 3/18/14 15 Builder's Registration 16 v2 16 v2 14 Application dated 1/27/14 16 Flowage Easement 16 v2 16 v2 17 Denton County 16 v2 16 v2 17 Commissioners Court Order No. 10-0045 18 1/26/10 18 Denton County Notice to 16 v2 16 v2 Home Builders and Home 20 Buyers 19 Town of Lakewood 16 v2 16 v2 Village Ordinance No. 22 08-06 20 Town of Lakewood 16 v2 16 v2 Village Ordinance No. 24 08-09

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 1 OF 4 VOLS.

1 STIPULATED EXHIBITS EXHIBIT DESCRIPTION OFFERED ADMITTED 21 Town of Lakewood 16 v2 16 v2 Village Ordinance No. 4 10-01 22 Town of Lakewood 16 v2 16 v2 Village Ordinance No. 6 11-04 23 Town of Lakewood 16 v2 16 v2 Village Ordinance No. 8 11-08 24 Town of Lakewood 16 v2 16 v2 Village Ordinance No. 10 11-09 25 Town of Lakewood 16 v2 16 v2 Village Ordinance No. 12 11-11 26 Town of Lakewood 16 v2 16 v2 Village Ordinance No. 14 11-13 27 Town of Lakewood 16 v2 16 v2 Village Ordinance 11-16 28 Town of Lakewood 16 v2 16 v2 17 Village Ordinance No. 13-07 29 2006 International 16 v2 16 v2 19 Residential Building Code, Ch. 1 and 20 excerpts 30 2005 National Electric 16 v2 16 v2 Code excerpts 31 Email between Linda 16 v2 16 v2 23 Asbell and Alan Hoffmann 3/12/14

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 1 OF 4 VOLS.

1 STIPULATED EXHIBITS EXHIBIT DESCRIPTION OFFERED ADMITTED 32 Copy of a map showing 16 v2 16 v2 Little Elm and Lakewood 4 Village limits 33 US Army Corp of 16 v2 16 v2 Engineer Consent No. 6 DACW63-9-14-0533 34 Declaration of 16 v2 16 v2 Covenants, Conditions 8 and Restrictions Sunrise Bay at Lake 9 Lewisville Section One 35 Application for 16 v2 16 v2 Development Permit 11 approved by Denton County 36 Elevation Certificate 16 v2 16 v2 37 Form Board Survey 16 v2 16 v2 15 EXHIBITS OFFERED BY PLAINTIFF EXHIBIT DESCRIPTION OFFERED ADMITTED 1 Certified Copy of 113 v2 115 v2 Denton County Notice to 18 Home Builders and Home Buyers 2 Plumbing Permit (Record 160 v2 161 v2 20 Only) 3 Fence Permit (Record 160 v2 161 v2 Only) 4 Residential Swimming 160 v2 161 v2 23 Pool/Spa Permit Application (Record 24 Only) 8A Blowup of Plf. Ex. 8 155 v2 156 v2 Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 1 OF 4 VOLS.

1 EXHIBITS OFFERED BY DEFENDANT EXHIBIT DESCRIPTION OFFERED ADMITTED 1 Resume of Alan Hoffmann 14 v3 15 v3 2 Rendering 27 v3 29 v3 3 Aerial Picture of 33 v3 33 v3 Bizios Lot

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 1 OF 4 VOLS.

1 STATE OF TEXAS COUNTY OF DENTON 3 I, Mellony Ariail, Official Court Reporter in and for the 431st District Court of Denton, State of Texas, do hereby certify that the above and foregoing contains a true and correct transcription of all portions of evidence and other proceedings requested in writing by counsel for the parties to be included in this volume of the Reporter's Record in the above-styled and numbered cause, all of which occurred in open court or in chambers and were reported by me. 12 I further certify that this Reporter's Record of the proceedings truly and correctly reflects the exhibits, if any, offered by the respective parties.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 REPORTER'S RECORD 2 VOLUME 2 OF 4 VOLUMES FILED IN 3 2nd COURT OF APPEALS TRIAL COURT CAUSE NO. 14-01991-431 FORT WORTH, TEXAS 4 COURT OF APPEALS NO. 6/2/2014 2:41:22 PM 02-14-00143-CV DEBRA SPISAK TOWN OF LAKEWOOD VILLAGE, ) IN Clerk THE DISTRICT COURT TEXAS ) 6 ) VS. ) DENTON COUNTY, TEXAS 7 ) HARRY BIZIOS ) 431ST JUDICIAL DISTRICT

13 ********************************************** 14 MOTION FOR TEMPORARY INJUNCTION; MOTION TO DISSOLVE TRO AND DENY TEMPORARY INJUNCTION **********************************************

25 Proceedings reported by realtime machine shorthand.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 A P P E A R A N C E S MR. W. ANDREW MESSER SBOT NO. 13472230 MS. JENNIFER A. DeCURTIS SBOT NO. 24045767 MS. BRENDA N. McDONALD SBOT NO. 14993300 Messer, Rockefeller & Fort, PLLC 6351 Preston Road Suite 350 Frisco, Texas 75034 Telephone: (972) 668-6400 E-mail: [email protected]; [email protected]; and [email protected] Counsel for Plaintiff

11 MR. ARTHUR J. ANDERSON SBOT NO. 01165957 Winstead PC 5400 Renaissance Tower 1201 Elm Street Dallas, Texas 75270 Telephone: (214) 745-5400 E-mail: [email protected] Counsel for Defendant

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 VOLUME 2 MOTION FOR TEMPORARY INJUNCTION; MOTION TO DISSOLVE TRO 3 AND DENY TEMPORARY INJUNCTION APRIL 15, 2014 5 PAGE VOL.

6 Caption ...........................................1 2 Appearances .......................................2 2 Proceedings .......................................8 2 Opening statement by Mr. Messer .................. 20 2 Opening statement by Mr. Anderson ................ 43 2 PLAINTIFF'S WITNESSES Linda Asbell Direct Cross VD By Ms. DeCurtis 52 v2 13 By Mr. Anderson 80 v2 By Ms. DeCurtis 101 v2 14 By Mr. Anderson 104 v2 Steve Freeman DIRECT CROSS VD By Ms. DeCurtis 110 v2 Argument requested by the Court ................. 135 2 Argument by Mr. Messer .......................... 136 2 Argument by Mr. Anderson ........................ 139 2 Steve Freeman (Cont)DIRECT CROSS VD 20 By Ms. DeCurtis 141 v2 By Mr. Anderson 142 v2 Adjournment .................................... 166 2 Reporter's Certificate .......................... 167 2

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 ALPHABETICAL INDEX OF WITNESSES 2 DIRECT CROSS VD Asbell, Linda 52 v2 80 v2 v2 104 v2 Freeman, Steve 110 v2 142 v2 5 141 v2

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 STIPULATED EXHIBITS (CONT) EXHIBIT DESCRIPTION OFFERED ADMITTED 10 Stop Work Order 3/14/14 9 v2 9 v2 11 Photographs dated 9 v2 9 v2 3/10/14 12 Photographs dated 9 v2 9 v2 6 3/13/14 13 Photographs dated 9 v2 9 v2 3/14/14 14 Photographs dated 9 v2 9 v2 9 3/18/14 15 Builder's Registration 9 v2 9 v2 Application dated 11 1/27/14 16 Flowage Easement 9 v2 9 v2 17 Denton County 9 v2 9 v2 Commissioners Court 14 Order No. 10-0045 1/26/10 18 Denton County Notice to 9 v2 9 v2 16 Home Builders and Home Buyers 19 Town of Lakewood 9 v2 9 v2 18 Village Ordinance No. 08-06 20 Town of Lakewood 9 v2 9 v2 20 Village Ordinance No. 08-09 21 Town of Lakewood 9 v2 9 v2 22 Village Ordinance No. 10-01 22 Town of Lakewood 9 v2 9 v2 24 Village Ordinance No. 11-04 Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 STIPULATED EXHIBITS (CONT) EXHIBIT DESCRIPTION OFFERED ADMITTED 23 Town of Lakewood 9 v2 9 v2 Village Ordinance No. 4 11-08 24 Town of Lakewood 9 v2 9 v2 Village Ordinance No. 6 11-09 25 Town of Lakewood 9 v2 9 v2 Village Ordinance No. 8 11-11 26 Town of Lakewood 9 v2 9 v2 Village Ordinance No. 10 11-13 27 Town of Lakewood 9 v2 9 v2 Village Ordinance 11-16 28 Town of Lakewood 9 v2 9 v2 13 Village Ordinance No. 13-07 29 2006 International 9 v2 9 v2 15 Residential Building Code, Ch. 1 and 16 excerpts 30 2005 National Electric 9 v2 9 v2 Code excerpts 31 Email between Linda 9 v2 9 v2 19 Asbell and Alan Hoffmann 3/12/14 32 Copy of a map showing 9 v2 9 v2 21 Little Elm and Lakewood Village limits 33 US Army Corp of 9 v2 9 v2 23 Engineer Consent No. DACW63-9-14-0533

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 STIPULATED EXHIBITS (CONT) EXHIBIT DESCRIPTION OFFERED ADMITTED 34 Declaration of 9 v2 9 v2 Covenants, Conditions 4 and Restrictions Sunrise Bay at Lake 5 Lewisville Section One 35 Application for 9 v2 9 v2 Development Permit 7 approved by Denton County 36 Elevation Certificate 9 v2 9 v2 37 Form Board Survey 9 v2 9 v2 11 EXHIBITS OFFERED BY PLAINTIFF EXHIBIT DESCRIPTION OFFERED ADMITTED 1 Certified Copy of 106 v2 108 v2 Denton County Notice to 14 Home Builders and Home Buyers 2 Plumbing Permit (Record 153 v2 154 v2 16 Only) 3 Fence Permit (Record 153 v2 154 v2 Only) 4 Residential Swimming 153 v2 154 v2 19 Pool/Spa Permit Application (Record 20 Only) 8A Blowup of Plf. Ex. 8 155 v2 156 v2

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 P R O C E E D I N G S 2 THE COURT: Cause No. 14-01991-431, styled Town of Lakewood Village Texas, Plaintiff, versus Harry Bizios, B-I-Z-I-O-S, Defendant. I will take judicial notice of the entire contents of the Court's file, note this case is set on the Court's docket for hearing on the application for temporary injunction requested by the plaintiff and the motion to dissolve the temporary restraining order and deny the temporary injunction requested by plaintiff and filed by the defendant.

11 I will ask counsel at this time to enter their appearances, beginning with plaintiff.

13 MR. MESSER: Andy Messer, Jennifer DeCurtis, and Brenda McDonald for the Town of Lakewood Village.

16 MR. ANDERSON: Art Anderson on behalf of the defendant, Harry Bizios.

21 I've got another docket scheduled at 1:30, some of which I'll be able to get out of the way fairly quickly, and what I can't get out of the way fairly quickly, they will either be reset and told to come back much later in the afternoon after I anticipate having the opportunity Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 to complete your hearing. So just wanted to give you an update about what the schedule kind of looks like for the remainder of the day. That's assuming that you-all can't complete this in the next hour, which I thought would be a pretty big stretch.

6 And with that, the Court has received a copy of what was filed on April 4th with the clerk's office, Stipulated Facts and Admissibility of Exhibits, which appears to have been signed by both plaintiff and defendant's counsel, and if there is no objection, I will admit those stipulated facts and exhibits.

14 THE COURT: Okay.

15 MR. ANDERSON: On Stipulated Fact 13, that should read that prior to the institution of this litigation, the owner did not provide the Town the finished floor elevation. It was just a residential structure on the property was being constructed. They have those now, so it wouldn't be correct because they have been provided.

25 MR. MESSER: I'm fine with that. That's Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 true.

7 THE COURT: That certainly is understandable. And I will admit the Stipulated Facts 1 through 17, and the Exhibits 1 through 37. And because they have been filed with the clerk's office in their entirety and with the limitations that you-all have just stated, rather than making those part of the court reporter's record, they're part of the clerk's record and will be part of any appellate record as a result.

15 So it will make life easier for my court reporter if I just say they're part of the record pursuant to them being in the Court's file, but pursuant to the record we're making now, they are part of the evidentiary record that forms the basis for this requested relief.

21 And you-all may proceed.

22 MR. MESSER: I've got two other.

23 THE COURT: Okay.

1 other exhibits. And I'll hand them to Mr. Bizios' counsel.

3 MR. ANDERSON: Should we just wait until those are proffered to the witnesses, Your Honor?

5 THE COURT: Are they being offered as admissible by agreement or -- 7 MR. MESSER: Not necessarily.

8 THE COURT: -- or is there some dispute as to their admissibility?

24 MR. MESSER: Sure. The only other issue I have, Your Honor, is I would like to invoke the Rule.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 MR. ANDERSON: Yes. The only witnesses we have that we expect to testify are the defendant and then our contractor who we also plan to have testify as an expert, so we would like to request that he be exempt from the Rule.

6 THE COURT: With the understanding that the only defense witnesses are either a party or a purported expert that would potentially be excluded from the Rule, do you dispute that the individual purporting to be an expert will, in fact, meet the qualifications and be permitted to testify in that capacity?

12 MR. MESSER: I don't know. I've never met him, so I don't know -- I don't know if he's going to talk about his actions as a witness or give opinions as an expert. I don't know how that -- that's going to go.

16 So at this point, it would be premature for me to be able to say one way or the other.

18 THE COURT: And sometimes a witness can be both a fact and an expert witness.

20 MR. ANDERSON: That's what we anticipate, Judge.

22 THE COURT: Before making an arbitrary ruling, Mr. Anderson, let me ask you this.

24 MR. ANDERSON: Sure.

25 THE COURT: Seems to me if the witness is Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 undoubtedly going to be giving factual testimony and may or may not be permitted to give expert testimony, they are probably subject to the Rule. But do you have an argument for why the witness should be excluded from that application of the Rule?

6 MR. ANDERSON: Sure, Judge. Mr. Hoffmann is a contractor that's an expert in terms of both being a contractor and also the specific type of construction for this house, which is unique. It's called IFC. I think one of the issues that the City's going to raise is whether or not the plans meet the requirements of the Residential Building Code. He has a lot of experience in that, special training and certifications, and, therefore, we believe he would clearly meet the requirements of being an expert and is entitled to stay in here and listen to their testimony.

17 THE COURT: Any response?

18 MR. MESSER: I think maybe it goes into the merits, but I'm not sure which building code he's referring to. There's one that's in the plans that were submitted to the Town, there's one that the county says applies, and there's one that the Town says applies. So I don't know if he knows about the details and the differences of each one of those or not.

25 MR. ANDERSON: Sounds like a great Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 question on cross, Judge.

2 THE COURT: I'm going to exclude him. I understand that you-all have not yet had the luxury of discovery and may need that to better educate yourselves about each other's positions, but that alone may leave the Court in a poor position of estimating the nature and scope of the witness' testimony. But given that he will, at the very least, be providing factual testimony and may or may not at this point be permitted to -- and qualified to give expert testimony, I'm going to exclude him under the Rule.

12 Does plaintiff have any witnesses that may be subject to the Rule as well?

16 We have a person, an accountant, a professor, that's on our council that may talk about the permitting fees for the Town. The defendants have brought up the constitutionality of those fees, but don't say whether they're federal or state claims. They haven't filed a counterclaim. In my view, the amount of the fees and whether they're constitutional or not don't have a bearing upon injunctive relief and we shouldn't get to them at this hearing.

25 THE COURT: Well beyond the scope of even Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 my question, so here's how I'm going to deal with it. I need you both to bring forward any witness, party or not, fact or expert, that you intend to call at this hearing. If they're not sworn in right now, they're not testifying in this hearing. Bring them all forward. If you're already at counsel table, you can stay at counsel table but just remain standing, if you would.

8 Please come forward, gentlemen. Ma'am, you're co-counsel, correct?

10 MS. DeCURTIS: Correct.

11 THE COURT: Would the five of you that are not attorneys please raise your right hand.

13 (Witnesses sworn by the Court) 14 THE COURT: Has everyone answered yes, everyone that's standing with their hand up, at least?

16 You can put your hands down.

17 Sir, please state your name.

18 MR. BIZIOS: Harry Bizios.

21 MR. BIZIOS: Yes.

22 THE COURT: You can have a seat but make sure you continue to listen.

24 Sir, your name?

25 MR. HOFFMAN: Allen Hoffman.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 THE COURT: Would you come on up, sir. If you'll just remain in this trio.

3 Ma'am, your name?

4 MS. ASBELL: Linda Asmo Asbell.

5 THE COURT: Thank you. You can go ahead and have a seat, but if you'll continue to listen to my instructions.

8 Sir, your name?

9 MR. VARGUS: Mark Vargus, V-A-R-G-U-S.

10 THE COURT: Your name, sir?

11 MR. FREEMAN: Steve Freeman, building official for Lakewood Village.

13 THE COURT: Okay. The first set of instructions I'm going to give only apply to the three of you, and then I'm going to give some final instructions that will apply to all of you that may testify. So you need to listen carefully so that I don't have to repeat it five times, hopefully. That makes things go a lot quicker.

20 As to the three of you, a rule of law has been invoked that will require you to remain outside the courtroom during the testimony of all other witnesses.

1 with the attorneys in the presence of any other witnesses or parties, okay?

3 The point of that rule is we don't want your testimony to be influenced by what you hear other people have said or hear they're going to say or by anything that the attorneys may say in your presence that's not purely related to your testimony alone. So please not only refrain from discussion of this case, but refrain from permitting anybody to discuss this case in your presence until I release you today.

11 The attorneys know what the scope of that instruction is, and if they want to talk to you and you want to talk to them during a break that I anticipate having over lunch, that's fine, just make sure it's between you and the attorney and not in front of anyone else that's a party or witness in this case. Make sense? Okay.

18 The last set of instructions would apply to all witnesses uniformly. Please listen carefully to the questions the attorneys ask and try to answer the questions directly without volunteering extra information that they didn't really ask you for. If their question just asks for something that can be answered by yes or no, leave it at yes or no. The more you volunteer or say beyond what really was necessary to Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 answer the question, the more likely it's going to draw an objection that you're being nonresponsive to the question. So please try to listen carefully and just answer the questions they ask.

5 Secondly, please do not interrupt the attorneys by answering before they've completed the question; that is, let them finish their question completely before you begin your response that way you're not talking over them. If you talk over them or if they talk over you, it makes my job and the court reporter's job difficult and sometimes impossible. Even though we talk over each other all the time in conversation, it does not work well at all in a court context, so please try not to interrupt them.

15 Likewise, I don't allow the attorneys to talk over you or interrupt you for any reason, even if they don't like what you're saying, unless they're making a legal objection.

19 Now, they're allowed to make a legal objection at any time. All they have to do is stand up and state their objection. So if you see them standing up or if you hear them beginning to interrupt you for that purpose, please go ahead and stop whatever it is you're saying so that not only I can hear their objection, but rule on it. And if it is a proper Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 objection, I don't want to hear what you would have been saying when it wasn't properly before me anyway. Does that make sense?

4 And do the attorneys understand my expectations with respect to objections and no interruptions otherwise?

7 MR. ANDERSON: Yes.

8 MR. MESSER: Yes.

9 THE COURT: Very good. Who's your first witness, Counsel?

11 MR. MESSER: Probably Linda.

12 THE COURT: Okay. Then would the three of you please have a seat outside the courtroom, either in the waiting room or the hallway outside.

15 Mr. Anderson, as to your witness, it doesn't sound realistic that we would reach him until after our break anyway. You don't anticipate calling him in your case, do you, Mr. Messer?

19 MR. MESSER: No, Your Honor.

20 THE COURT: Okay. If you want to cut him loose and just tell him to be back here at 2:00 o'clock, that's fine with me, as I don't foresee any way we're going to get to his testimonial needs until after the lunch break and then some. If you don't care either way, then he can stick around.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 MR. ANDERSON: He doesn't care.

2 THE COURT: All right, very well.

3 Mr. Messer, go right ahead. Do you wish to give an opening statement?

5 OPENING STATEMENT 6 MR. MESSER: Yes. I do have a notebook I prepared to streamline matters. I've given a copy to Mr. Anderson. Most of it is the statute, laws and some of the exhibits that are already before the Court.

10 THE COURT: Thank you. I don't know much about the law, so it's good to have it. At least then I can't make that excuse.

13 MR. MESSER: If it please the Court, this is what I guess I would call a difficult land use case.

15 It really is illustrative of the tension that exists between Texas cities and property owners and development rights. It's perfectly keyed up to deal with some issues in the law that, quite frankly, are issues of first impression for this Court and many courts across the state of Texas.

21 I -- I believe in representing municipalities, which is exclusively what I do, that if the case goes further, that it will likely make law that will impact property owners in 1100 plus cities across the state of Texas because of the issues that are in Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 front of this Court.

2 THE COURT: So in this case, the Court's statement that it doesn't know much law is actually not a bad thing because there's not much law to know.

5 MR. MESSER: And I'm happy to try to go through what I believe are the relevant statutes and cases. And, frankly, I think there's probably not much contention on that. It's just a matter of how they're interpreted.

10 And, I guess, fortunately for the Court, a lot of the facts are stipulated -- basic facts are stipulated, basic documents are stipulated. So really -- I know there will be testimony and some documents offered, but in my view, the issues of law are paramount in this case.

16 THE COURT: Okay.

17 MR. MESSER: Basically, what the Town of Lakewood Village is seeking is to have the property owner, Mr. Bizios, comply with the Town's building regulations, code and inspections. Mr. Bizios' property, undisputedly, is in the extraterritorial jurisdiction of the Town of Lakewood Village. That's undisputed. He purchased the property -- he's a brand-new property owner to the area. He purchased this piece of property in 2013, just last year.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 That property is in a subdivision that's called Sunrise Bay. Part of that subdivision, Sunrise Bay -- and we'll go through some of the documents you can see of Sunrise Bay and where this property is situated, but part of this subdivision is undisputedly in the ETJ, extraterritorial jurisdiction, of the Town.

7 And his property, undisputedly, is in the ETJ of the Town.

9 These are some of the building plans that he submitted to the Town. He's seeking to build about a 10,000 square foot residential structure on this piece of property that fronts the lake, Lake Lewisville. It's a very large residence, and to date, Mr. Bizios and his contractor, who you just met, have refused to comply with the Town's standards and the Town's codes.

16 They've given us their plans, but they don't have the comment from the building official. So they're building without the Town's comments. They don't have a permit from the Town. They haven't sought a building permit from the Town. There have been two "stop work" orders issued on that property, which they've ignored. So that's basically the underlying facts.

24 What the case really boils down to, if you look -- and let me point out to you -- Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 THE COURT: Just let me ask for a quick clarification. When you say two stop work orders, you're talking about from the -- 4 MR. MESSER: From the Town.

5 THE COURT: -- Town, not from this Court relative to the temporary restraining order?

7 MR. MESSER: I'm not trying to imply that in any way.

9 THE COURT: That usually gets my blood pressure -- 11 MR. MESSER: Right.

12 THE COURT: -- raised immediately, so I wanted clarification.

14 MR. MESSER: Right. But it makes our blood pressure rise when we post in red stop work orders on the property and they snub their nose at it.

17 So if you just look in my notebook, the first tab, I'll try to -- try to outline some of the area and the facts for the Court. So the very first tab deals with the map. And you can see -- you can see the Town of Lakewood Village's city limits, and then you can also see in the hash mark what's called the ETJ, Lakewood Village ETJ, which is thethe Town's extraterritorial jurisdiction. And that's significant.

25 By law, every city in Texas has an ETJ.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 I'm just going to, for common usage, call it ETJ. And the ETJ by statute depends upon how many residents the Town has. If the Town has less than 5,000, then it's a half-mile ETJ around the border of the city limits.

5 So what you see in this map on Exhibit 1 is the one mine extraterritorial jurisdiction around Lakewood Village, but you can see Oak Point's ETJ and their city limits to the top left. You can also see Little Elm city limits and a little bit of their ETJ -- 10 THE COURT: For sake of my visualization, this is the area just east of the toll bridge over Lake Lewisville that was completed several years back; is that correct?

14 MR. MESSER: Exactly. And, actually, you see there's a roadway that goes north and south and then goes west. That is Eldorado Parkway north and south, and that is the toll bridge that goes over to I-35.

18 THE COURT: Unfortunately, a police officer stopped me on that bridge a few years back, so I know exactly where we're talking about.

21 MR. MESSER: Right. And so the next page on Exhibit 1 in red, you can see build sites with a little X mark on it. That is where Mr. Bizios' property is. It's basically on a little area that juts out into the lake. And then the next page behind Tab 1, you can Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 see the area that we're talking about, that is part of the Sunrise Bay subdivision, and what's in blue is Mr. Bizios' tract.

4 THE COURT: Okay.

5 MR. MESSER: This case, I think, boils down to, on a policy level, what does an ETJ mean? What can happen in an extraterritorial jurisdiction for a city? Because what is happening in this case will be the same exact things, same exact rights that happen across the state of Texas. No different.

11 So ETJ is basically, in my view, built for two things -- or made for two things. One, is that protects a Town's limits. So if you look at that map, the ETJ, a city can annex in the ETJ, not beyond it.

15 But that tells them this area is protected from any other city, any other municipality, this is ours. You can't -- you can't intrude upon that. That's exclusively our area.

19 So if Lakewood Village sought to annex in that area, and there's various ways that can happen.

21 There's a general law city, mostly they're consensual but that's not exclusive.

23 So this area that's in Tab 1, that's exclusively Lakewood Village's. Little Elm can't intrude there; Oak Point can't intrude there. If these Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 property owners sought to be annexed and they're contiguous to the Town, the Town would have that ability by the law. So that's one issue involving what an ETJ is about.

5 Second issue is -- which kind of dovetails into the annexation piece, which is building codes and subdivision regulations. So if -- if development occurs in the ETJ, as it is in this case, it seems to me that towns should have the ability to make sure that what's built right next door to them -- say there's a piece of property that's right on the other side of their Town limits. You have one house that's in the Town limits and one that's right beside it but it's in the ETJ, shouldn't those both have the same building standards?

15 You would think logically so -- 16 THE COURT: That's one argument that could be made.

18 MR. MESSER: And that's what we're trying to do. We want to make sure that the properties that are in our ETJ -- and it's not only Sunrise Bay, there's other properties, other divisions, that this would apply to. We want to make sure that the building standards protect the health, safety and welfare of the people in our ETJ to our standards and that the properties, the residences, are built to the Town's standards.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 And if you look at that, Your Honor, I think on policy level, there's case law that flushes that out, that shows that's the intent for the ETJ, which goes back to the issue, what's an ETJ for?

5 Let me kind of go beyond that and tell you a little bit about the Town and some of the facts. So this Town, Lakewood Village, it's a Type A general law municipality. I believe it was incorporated in 1977. I showed you the toll bridge in Little Elm and Oak Point, that the ETJ is one-half mile around the city limits.

11 And the property at issue here is on Spinnaker Run Pointe.

13 And Spinnaker Run Pointe, if you look at the documents, they have different addresses. At some places it says 3950 Spinnaker Run Pointe; other places it says 3960. Either way, it's the same property. It's defined the same way in our statement of facts. Either way, they're in the ETJ of Lakewood Village.

19 So if you look at the stipulated facts documents in the exhibits on Tab 4, you can see very clearly where this area is. So kind of look at, on a cross level, the Town and its ETJ. If you want to focus in just on this subdivision, it's under tab -- I think it's Tab 4.

25 THE COURT: I see it.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 MR. MESSER: And you can see what's labeled Lakewood Village ETJ. It's kind of a tannish color. And that property is at the end of Spinnaker Run Pointe. It's CAD No. R182659, the one that juts out into the lake. And you can see the other half -- other part of that subdivision is in Little Elm's ETJ and Little Elm city limits. So it's got -- it's divided.

8 But the part that we're talking about today is undisputedly within the Lakewood Village ETJ.

10 This property, it's a long, rectangular tract. If you look at Tab 5 of the stipulated documents, this is a topo map that shows you on two-foot contours the lay of that property. I think there's another one as well. Give me one second, Your Honor.

15 THE COURT: I see the one under Tab 5, unless the other one is particularly -- 17 MR. MESSER: Basically, the lay of the land, this property at the front where Spinnaker Run Pointe is is high, and there's a steep dropoff between the front of that property and the rear of that property.

22 If you look at the contour lines, the front of that property is at 558 mean sea level. The back part of it is at 526. So there's a slope difference from the front of that property to the back Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 of that property of 32 feet. She's pointing -- there's another one on Tab 35, I believe, as well that's from the county.

4 THE COURT: I follow you.

5 MR. MESSER: Anyway, I just wanted to show you where that is. And there's also a significant -- by building close to the lake, which can be a health safety issue, if you look at Tab 35, the third page in, you can see from a survey where the hundred-year floodplain is.

10 Actually, the Corps of Engineers, in your document, has a flowage easement up to that line. And that line, you can see on that, it says Exhibit Spinnaker Road. This is what it looks like. If you would like me to approach, I can -- 15 THE COURT: Yeah, I'm not sure I'm seeing that.

17 MR. MESSER: It's the third page in.

18 THE COURT: Okay. I've got it.

19 MR. MESSER: And you can see this flowage line in zone AE, which is the 100-year floodplain. And it says labeled 537 line is located in field. So everything on the downside of that property down to the lake is in the 100-year floodplain. And if you look at the footprint of this property, this 10,000 square foot residence, it touches that floodplain about four or five Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 places. So the finished floor elevation of that residence is going to be very important.

3 And, again, if you look at this, it's 537.

4 If you look at the plat, I believe the plat that was filed in this case -- which Lakewood Village never -- it was never filed with Lakewood Village -- I think it's 537 as well.

8 THE COURT: Counsel, this may be irrelevant, but as I follow you, I'm thinking this: So long as it's disclosed to a potential buyer, the homeowner or property owner is aware of that fact, why does the city care?

13 MR. MESSER: Because it's a health safety issue. That's a great question. So if it's at 537, the Town has a standard. The Town wants to protect -- because there's so much lake frontage around Lakewood Village. If you look, there's a significant number of property in Lakewood Village that front the lake. So they want to make sure that everybody's protected, everybody's health is protected, the kiddos are safe, properties are safe, surrounding properties and families are safe.

23 And so the Town's building elevation standard is 540. That's not -- if you look at what's been submitted in this case -- and that's not on the Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 plans -- it's not on the plans that were submitted to the Town.

3 If you look at the plans that were submitted to the Town, you can't tell where they're building -- or what the elevation is that they're building at. If you look at the county documents on Tab 35, they say that they're building to 539.

8 THE COURT: The Corps of Engineers sets it at 537; the county sets it at 539; and Lakewood Village sets it at 540?

11 MR. MESSER: Right.

12 THE COURT: Okay.

13 MR. MESSER: To us, that's a difference, and it's a big difference between what's on the plat which was filed in 1995 and what we have currently today. And it deals with health and safety issues. And it's one reason that, you know, we think it's important that the properties in our ETJ comply with our building standards.

20 There's another reason for that as well, though, and if you look at our local amendments, we adopted the International Residential Code, I believe it's the 2006 version. But by law, we're entitled -- besides adopting the International Residential Code, the IRC, we're entitled to soup it up, to make more Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 stringent standards, heightened standards, which we did.

2 And we have -- there's an ordinance in here, Your Honor, where we adopted that. We've extended all our building codes to the ETJ, subdivisions rules to the ETJ. So they all apply there by ordinance, which is what's required by statute, and we have about 20 pages of local amendments that we want to make sure are followed in our ETJ, and those are really for health and safety purposes, and you're going to hear testimony about that. And why -- why -- if you look through this -- look through the plans, you'll hear about that.

12 But there are comments made throughout the plans by the Town's building official. And they're handwritten. There's -- there's one right -- I don't know if you can see that. There's multiple comments made by the build official. They're on the plans that were filed with the Town by Mr. Bizios' contractor.

18 There was a preconstruction conference to be able to review these amendments, these changes, by the Town's building official with the owner and his contractor.

21 They canceled that meeting. They went ahead and built on the property without the benefit of these comments on their plans.

24 They also -- besides filing the plans for our review, they also registered the contractors under Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 our ordinances to be able to build on our ETJ. So they basically submitted to our ETJ rules and regulations and then stopped.

4 If you look at Tab 4 of the notebook, Denton County itself recognizes Lakewood Village's ability to exclusively control the jurisdiction here.

7 So, there's Tab 5. This is a notice that's issued by the Department of Public Works engineering division by Denton County. At the bottom of the first page, it has a heading that says building in the extraterritorial jurisdiction. And again, it's noticed to homebuilders and homebuyers, just as Mr. Bizios is.

13 And it says, if you're building in the ETJ of a municipality that has adopted a building code with a municipality's ETJ, which Lakewood Village has, then the builder follows the municipality's codes, which they're not. Exactly why we're here today.

18 And if you look at -- behind that, there was a resolution that was passed by Denton County on January 26, 2010, the first page of that resolution -- 21 THE COURT: What tab are you looking at?

22 MR. MESSER: It's still on Tab 4 of the notebook, and it's four pages into it.

24 THE COURT: Okay. I'm sorry, I've got three notebooks here and -- Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 MR. MESSER: Right. I understand.

2 THE COURT: -- two of them are tabbed with numbers, so I was looking in the wrong notebook. I'm with you.

5 MR. MESSER: This is Tab 4, and it's -- the heading should say Denton County Department of Public Works.

8 THE COURT: I'm with you.

9 MR. MESSER: And the resolution says, furthermore, be it resolved, notwithstanding the above language. That all talks about the county standards.

12 And it talks about, in accordance with Section 233.153(c) of the local Government Code, if the above construction occurs in the ETJ of a municipality that has adopted a build code for the municipality's ETJ, the building code adopted by the municipality controls.

17 That's what we have here. So we know now Denton County is telling builders and homebuilders that if you build in the ETJ of a city like Lakewood Village and they've adopted build codes in the ETJ, you've got to follow that municipality's building codes, which is what we're seeking the injunctive relief for.

23 It's significant, Your Honor. I think that when these rules and regulations were extended by the Town, I think they did that in 2010. And since Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 2010, there have been three other properties in the Sunrise Bay subdivision -- 3 MR. ANDERSON: Your Honor, we object.

4 That's not evidence that's introduced. If he's going to talk about what's been stipulated, that's different, but that has not been introduced.

7 THE COURT: And fair enough, I'll sustain the objection. But let me also make another point.

9 We're 22 minutes into your opening statement, which has contained a lot of argument -- 11 MR. MESSER: Yes, sir.

12 THE COURT: -- and I've heard no evidence yet. You-all are well aware of the time constraints that we're working under. We're not going to finish this today if this pace continues. So if you'll just focus on an opening statement and then begin presenting your evidence, that gives us a much better shot at completing this today. I don't mean to imply that your opening argument hasn't been very helpful in focusing the Court on the issue because it has, but we do need to kind of move along.

22 MR. MESSER: Yes, sir. So let me focus just on some of the photographs, what we think -- what's happening on site, then I'm going to talk about -- 25 MR. ANDERSON: Your Honor, we agree that Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 there was work there. I guess I would just ask, as you said -- we know that there's been work there, we agree to it, we agree that we didn't get the permit. I think all that stuff's been stipulated.

5 MR. MESSER: Okay. Fair. That's fair.

6 THE COURT: I'm not sure what we've just agreed to, so...

8 MR. MESSER: I think what he's saying, Your Honor, is they agree that they're out there building, constructing on the property without a permit, without complying with our codes, and they ignored our stop work orders.

13 MR. ANDERSON: We disagree about noncompliance. We agree we did not get a permit and pay an exorbitant fee. We agree with that.

16 MR. MESSER: Okay. So I will try to -- to move along, Your Honor.

18 So if you look at just the photographs, the photographs of my notebook -- of our injunction notebook, basically what they show is construction activity. They're Tabs 2 and 3. And what they show, Your Honor, is basically thethe Town discovered this was happening around March 10th. You can see the dates on these photographs, March 10th. They discovered there was building activity about 3:28 that day. And then Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 they ended up posting a stop work order on the property.

2 That's part -- that's under Tab 3 -- 3 MR. ANDERSON: Judge, I'm just going to object. You asked for a short opening statement. We're going through all the testimony and all the factual evidence that is there, and I'm afraid I'm going to get squeezed out because I'm not going to have time to give a relatively short -- 9 THE COURT: I'm not going to squeeze you out, but they're the ones that want the temporary injunction, and it's dissolved today if I don't rule on it.

13 MR. ANDERSON: I understand.

14 THE COURT: If you've used up three hours and they don't get a chance to respond, then I'm going to dissolve the TRO and tell y'all to come back in a month or two, and that's kind of the cost of not using your time wisely.

19 MR. MESSER: So, Your Honor, if you look under Tab 3, stop work order, you can see the building officials posting it on site. You can see it after it's posted. That happened twice by the Town, and then twice they ignored the stop work order. So let me talk about the legal issues.

25 The back of the notebook, you can see Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 there's these statutes, and under Tab 16 is basically a summary of the statutes that we believe, and the law of why we can extend our regulations and rules to the ETJ.

4 And if you look at 212.003(a) and 212.002 -- and these are all provisions of the local Government Code. 212.003(a) says, the governing body by ordinance may extend to -- 8 THE REPORTER: I have no idea what you just said.

10 THE COURT: It's been my experience that a human being can read far faster than any court reporter can type. So when you're reading something, just read it in a more conversational pace and we'll be okay.

14 MR. MESSER: Sure. So the first statute is 212.003(a), and it's entitled extension of rules to extraterritorial jurisdiction. And it says, the governing body of a municipality by ordinance may extend to the exterritorial jurisdiction of the municipality the application of municipal ordinances adopted under 212.002, which is the next statute that I quote here.

21 It's entitled rules. And, again, this is in Tab 16 of my notebook, Your Honor.

23 THE COURT: Well, again, I've got two notebooks. They're both tabbed with numbers, and so I need you to say the exhibit notebook or the -- Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 MR. MESSER: Temporary injunction notebook.

3 THE COURT: -- temporary injunction notebook so I know which one you're referring me back and forth to.

6 MR. MESSER: Yes, sir. So it's Tab 16.

7 THE COURT: Go ahead.

8 MR. MESSER: So under 212.003, by ordinance, we can extend our rules under whatever 212.002 says. 212.002 is entitled rules. Again, this applies to all municipalities across the state of Texas whether it's general law or home rule. It says, the governing body may adopt rules governing plats and subdivisions of land within the municipality's jurisdiction to promote safe, orderly and healthy development of the municipality.

17 So under 212.002 and 003, we can adopt rules that promote development in our ETJ. The legislature says this.

20 The purpose of the ETJ under 42.001 says, the legislature declares the policy of this state to designate certain areas as the extraterritorial jurisdiction of municipalities to do what? To promote and protect the general health, safety and welfare of persons residing in and adjacent to municipalities, Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 which is exactly what we have here, just like Sunrise Bay is adjacent to Lakewood Village.

3 Then there's two other provisions that I think are critical, because if -- if the defendant's position is correct, these statutes are useless, they mean nothing. And instead, we think they have a plain meaning. One deals with building permits. 214.904(a) says, this section applies only to a permit required by the municipality to erect or improve a building or other structure in the municipality or its ETJ. This gives us specific statutory authority for permit nothing the ETJ.

12 233.153(c) deals mainly with counties, but there's a section, part C, that carves out cities. And it says, if a municipality located within a county to which this subchapter applies, which is almost every county in the state of Texas, has adopted a building code in the municipality's extraterritorial jurisdiction, the building code adopted by the municipality controls -- the building code adopted by the municipality controls in the ETJ and the building code standard under this subchapter for counties have no effect. That gives us the exclusive right for building codes and permits in the ETJ of Sunrise Bay, which is part of Lakewood Village's extraterritorial jurisdiction.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 So that's the statutory authority that deals with that, Your Honor. There's a couple of cases on point there in your notebook, the temporary injunction notebook. One of them is the City of Lucas versus North Texas Municipal Water District. And there's another one, the City of Weslaco versus Carver.

7 Those are the only two cases directly on point. There's not a case that's binding that I know of out of the Fort Worth Court of Appeals or the Texas Supreme Court.

10 So what happened in Lucas, Lucas is a general law municipality, just like Lakewood Village.

12 There was a tract of land about 70-something acres that was in their ETJ where the water district wanted to build this huge treatment plant. They didn't want to abide by Lucas' subdivision rules in the ETJ. They had a lawsuit about it. The Dallas Court of Appeals ended up finding in favor of Lucas and saying that the property owner had to use the building codes for the City of Lucas. Same exact issue as we have here, no different.

21 And then in the City of Weslaco, it's a very similar case where there was a subdivision of land, and there was a -- I think it was a mobile home park that they were trying to get around the subdivision rules, and the Court held that -- and that was in the Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 ETJ of Weslaco, and the Court held and actually entered a permanent injunction against the property owner finding that Weslaco's rules and subdivision regulations in the ETJ apply, and until the property owner complied with those rules, there was a permanent injunction -- 6 THE COURT: Counsel, I'm sorry, I'm just going to have to cut you off. You've been going for more than a half hour on what is essentially a closing argument. You know, this isn't an opening statement, period -- 11 MR. MESSER: I'm sorry.

12 THE COURT: -- this is just a closing argument. And while it's been helpful to me, I've heard zero evidence, and I don't have time for a full day hearing, much less something to spill over into the rest of this week. I'm just going to have to cut you off and allow response by the defendants before we break for lunch.

19 MR. MESSER: Just one other -- 20 THE COURT: I've tried to be delicate, but that was 10 or 15 minutes ago. So if you'll -- 22 MR. MESSER: The only other issue I have -- 24 THE COURT: No, just please have a seat and I'm going to turn it over to the defense.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 Opening statement only.

2 OPENING STATEMENT 3 MR. ANDERSON: Your Honor, if I may, I want to try to keep it brief, but I'm going to try to address some of the issues that Mr. Messer raised that I think are not going to be reflected by the evidence and are inaccurate reflections of the law.

8 I think the critical issue in this case, Judge, is the fact that Lakewood Village is a general law town, and the distinction between a general law town and a home rule is basically, when you get to a 5,000 population, you can have an election, you can adopt a charter. When you become home rule, you've got power.

14 Basically, you have all of the powers that a political subdivision has that aren't prohibited by the Constitution or by the legislature.

17 Flip that over to a general law town like Lakewood Village, which only has about 600 people in it, they are limited only to what the legislature authorizes them to do, and that's significant.

21 And so there is no statute that expressly authorizes Lakewood Village to impose their building code in the ETJ. Not to say it hasn't happened, and Mr. Messer says it's implied, but there's nothing expressly that authorizes it.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 Number two is, I think Mr. Messer was making it out like Mr. Bizios has tried to avoid complying with the codes. That's incorrect. He's -- this is basically more than a million dollar house construction, Judge. This is not something that's not going to meet the codes. We'll testify that it does.

7 He simply wants to apply for and obtain permits from those governmental entities that are legally authorized to do that.

10 So, for example, this issue that we had on the 537 contour, he got his permit from the corps. The corps has jurisdiction for that. It took several months and they had to do a lot of studies, but he's got that.

14 He's got the flood certificate elevation. The corps has approved it. Matter of fact, there's a retaining wall that's built within that 537 elevation and that's been approved by the corps. He got approvals through Denton County. Denton County has a development application requirement that requires inspections for foundation and those types of things. He has that approval. He just doesn't believe that a city, to be honest with you, Judge, should be able to bully people and force them to obtain permits and to pay fees they're not legally authorized to do. And so that's the issue from his standpoint.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 It's not a health safety issue at all, Judge. It is simply the standpoint of a city trying to impose their will on an individual and trying to impose a regulation, which they don't have the legal right to do that.

6 The -- and I'm going to be real brief in mine because I think the case law -- I totally disagree with Mr. Messer. There are cases that are on point, and I'm, I guess, too aware of them because I've actually tried them and argued them before the Court of Appeals.

11 The first one in ours is an older case not on point on the building code issue, but that's when Judge Gabriel was a district judge here before she went on the Court of Appeals. And in that case, North Lake tried to annex our client's property involuntarily, and Judge Gabriel ruled that -- it was upheld by the Fort Worth Court of Appeals that a general law town cannot do that.

19 So while Mr. Messer said we're interested in the housing stock that gets built in the ETJ because we may annex it, they don't have the authority to annex it. They can't annex it. When they become a home rule city, they can go annex involuntarily. There's a few provisions from general law towns. Like, if they provide water or sewer, they may be able to annex it, Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 maybe not. They don't provide water and sewer. They don't provide any services here, none at all.

3 Everything comes from Little Elm or else is provided by the county.

5 The second case, Your Honor, is a Fort Worth Court of Appeals case, so when Mr. Messer says there are no Fort Worth Court of Appeals cases, this is one that we tried where -- similar issues. City of Runaway Bay extended their building code to the ETJ, and the Court of Appeals held that -- they did not expressly state in their ordinance that they were applying it to their ETJ and said that, basically, unless you expressly state that, then it's not valid. We never got to the issue of does a general law town have the authority or not.

16 But, Judge, if you could look on the last page in footnote four, that basically is where the argument is and where the Court -- you know, to be honest with you, I thought I was going to convince him to strike down the whole ordinance, but I was unsuccessful. But that is probably the best argument -- and I'm not going to read through it. But it's probably the best argument with regards to the differing opinions as to whether or not there's authority or not as a general law town for a city to extend their building Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 code to the ETJ.

2 But as you can see at the end, regardless or not of whether they have the authority to extend in this case, they said that it was not a valid extension of that part. My experience is, is that from the Court of Appeals' standpoint, they don't really look favorably on the extension of building codes into the ETJ, but they would prefer not to strike it down. They would prefer to take a lesser, you know, action in terms of saying you can't extend it here.

11 And in that discussion by the Court of Appeals, Your Honor, it refers to the Milestone Potranco Development case in San Antonio. And I think, Judge, this is the opportunity for you to make a ruling where you would not actually strike it down, the City's ordinance, although I would prefer that, but similar to this case and the Hartsell case, which I also tried, the Courts of Appeal made a more limited ruling, like I said.

20 The issue here in the San Antonio case, San Antonio extends their tree ordinance into their ETJ.

22 So the developer goes, you know, that's not really a subdivision regulation-type of thing. You can't do that. And in addition, it's overbroad because it applies to situations that don't involve platting. So Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 platting is going through the subdivision process.

2 And the Court of Appeals said, yeah, they had the authority to do it; however, it's -- it will not be applied and cannot be applied to situations where actual platting is not involved. In other words, I've got a vacant tract of land, I'm a developer, I'm coming out and I want to develop it for a residential subdivision, when that happens, that's when this type of ordinance can be extended because it's part of the subdivision regulatory process.

11 And that's exactly -- under the next document, Judge, under 2, under 212.007, in this case, the Sunrise Bay plat was approved by the county and by the City of Little Elm. Sunrise Bay is located in the corporate limits of Little Elm, the ETJ of Little Elm, and Lakewood Village.

17 As you can see under here, if a tract in the ETJ lies in more than one municipality, the largest city controls the platted process. So Little Elm has always been bigger than Lakewood Village. I mean, it's got 30,000 people or something now.

22 So when that plat was approved, Lakewood Village did not have any platting authority, and they don't have any platting authority today. It's a platted subdivision. It's been done.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 So as a result of that, if their extension is pursuant to 212, which is the subdivision ordinance, it has to be in accordance as part of the platting process. They don't have any subdivision authority here.

6 And so like the Milestone case and the other ones, the first argument we make is they have no authority whatsoever. It's not expressly. They don't have it.

10 Number two is they don't in this case, because even if they did have the authority, it can't be extended here for the reason that they don't have subdivision authority over this property or anywhere within Sunrise Bay, if that makes any sense.

15 The last part, Judge, deals with the vested rights argument. The Hartsell case, if there's another way to address the issue, involved a subdivision. City of Talty extends their building code into the ETJ, tries to make Mr. Hartsell comply with the building code. Dallas Court of Appeals said no. Under the vested rights statute, which is Chapter 245, the property's already platted, the city can't come in and enact a building code that applies later.

24 I do apologize, Judge. I just felt like I needed to address some of Mr. Messer's arguments. But Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 the primary policy reason he's saying is we need to protect the housing stock because we may annex this property. Well, there's no reason to protect the housing stock here. All of those houses are very, very nice. They all meet code. You know, basically, the contractors want to make sure that they meet code, basically, for any potential liability purposes, but they can't annex it.

9 So while I can understand that there may be that policy of we need to protect the housing stock because we might annex it in the future, that doesn't apply here. Thank you, Judge.

13 THE COURT: Okay. Y'all come on back at 2:00 o'clock. When we started this, I didn't envision the need for a clock, but I will have a clock counting down the rest of the time this afternoon and inclusive of the time that's already been spent.

18 You know, we're an hour in and I have yet to hear a single witness utter a word, and while I appreciate that a lot of evidence has been admitted by stipulation, I fear that that leaves us in a poor position to complete this hearing today. And looking at our docket for Wednesday and Thursday, I simply do not have the ability to bring you back, not this week at least.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 With that in mind, please try to be concise in presenting the remainder of your -- or presenting your testimony and evidence, as well as the remainder of your arguments, when we do return this afternoon. See y'all at 2:00 o'clock.

6 (Recess taken) 7 THE COURT: With that, we're back on the record in the Lakewood Village case. Mr. Messer, please call your first witness.

10 MS. DeCURTIS: Your Honor, Jennifer DeCurtis here on behalf of the Town. And for Your Honor's convenience, we are only looking at the exhibit list notebook. So when I refer to a specific exhibit, it is out of that.

15 THE COURT: Okay. Thank you.

16 MS. DeCURTIS: The Town of Lakewood Village calls Linda Asbell as the first witness. May I sit during direct?

19 THE COURT: Please. I prefer counsel to remain seated. Standing up is a signal to me and the witness that you're objecting, unless you need to approach the witness. You don't have to ask for permission to approach your own witness or client, only if you're approaching an adverse witness or client would I ask you to request permission to approach.

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1 MS. DeCURTIS: Thank you, Your Honor.

2 THE COURT: I don't anticipate fist-fighting in this case, but you can imagine in a lot of more contention cases, especially domestic cases, asking for permission to approach is necessary to literally keep the peace at times.

7 You may proceed.

8 MS. DeCURTIS: Hopefully, we'll be peaceful in this case.

10 THE COURT: And, ma'am, I'll just remind you, you've previously been sworn. You are still under oath.

13 THE WITNESS: Yes, sir.

14 THE COURT: Go ahead.

15 LINDA ASBELL, having been previously duly sworn, testified as follows: 17 DIRECT EXAMINATION BY MS. DeCURTIS: 19 Q. Could you state your name for the record, please?

21 A. Linda Asbell.

22 Q. Where do you work?

23 A. The Town of Lakewood Village.

24 Q. And what is your position?

25 A. Town secretary.

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1 Q. How long have you done that?

2 A. I started my municipal career in 1990. I have been with the Town of Lakewood Village since 2007.

4 Q. Do you have any certifications relevant to your occupation?

6 A. I'm the Texas registered municipal clerk.

7 Q. Is that current?

8 A. It is.

9 Q. As part of your duties, you keep records of the Town's ordinances, correct?

11 A. Yes, I do.

12 Q. And you're sometimes called upon to perform building inspection functions under the authority of the building official of the Town, are you not?

15 A. I am.

16 Q. Okay. So you're familiar with the processes and procedures for obtaining permits and the like, correct?

19 A. Yes, I am.

20 Q. Okay. And you're also intimately familiar and have personal knowledge of the Town's official filings, records and ordinances; isn't that right?

23 A. Correct.

24 Q. And currently, what is the population of Lakewood Village?

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 A. Approximately 620.

2 Q. And what type of municipality is Lakewood Village?

4 A. We're Type A.

5 Q. Is that a general law city?

6 A. Yes, it is.

7 Q. Okay. And you're currently at 620 population.

8 Did the Town pass a comprehensive master plan?

9 A. We have.

10 Q. As part of that plan, did the council determine the future growth of the Town?

12 A. Anticipated is in the neighborhood of 2,500.

13 Q. So the Town currently has the ability to annex properties, does it not?

15 A. Yes, we do.

16 Q. And when it reaches 2,500, it has an expanded ability to do so, correct?

18 A. Correct.

19 Q. Okay. Are you familiar with the property located at 3950, also 3960, Spinnaker Run Pointe?

21 A. Yes, I am.

22 Q. How are you familiar with that property?

23 A. They filed a permit application with us, and I've been to the property.

25 Q. Do you know who owns this property?

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 A. Mr. Bizios.

2 Q. Have you ever met Mr. Bizios?

3 A. We met once.

4 Q. One time. And was he the one that filed the plans with the city?

6 A. No. I believe it was his builder, Mr. Hoffman.

7 Q. Mr. Hoffman is Mr. Bizios' builder?

8 A. Yes.

9 Q. And when I refer to the property, you'll understand that I'm referring to the property located at 3950 or 3960 Spinnaker Point Run, would you not?

12 A. Yes, ma'am.

13 Q. Is the property located in a subdivision?

14 A. It is.

15 Q. Which subdivision?

16 A. Sunrise Bay.

17 Q. Is it in the Town of Lakewood Village?

18 A. It's in our ETJ.

19 Q. And what is an ETJ?

20 A. It's an extraterritorial jurisdiction.

21 Q. And why is it important to have an extraterritorial jurisdiction?

23 A. It's set aside exclusively for the growth of the city, and it's for quality of life and health and safety reasons for citizens.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 Q. If you could, just please turn to Exhibit 2 in the notebook in front of you.

3 A. Okay.

4 Q. Would you tell the Court what this is?

5 A. Um, this is resolution that adopts our official Town map.

7 Q. And if you could turn to the official Town map.

8 The map shows where the city limits are, correct?

9 A. It does.

10 Q. And are the city limits actually outlined in red?

12 A. Uh-huh.

13 Q. And does this map also show the ETJ, or extraterritorial jurisdiction, of the Town?

15 A. It does, yes.

16 Q. And how is that notated?

17 A. The diagonal slashes.

18 Q. So it looks like the ETJ actually extends out into the lake, does it not?

20 A. It does.

21 Q. It's a half mile ETJ, correct?

22 A. Yes.

23 Q. And where is the Town of Little Elm on this particular map?

25 A. To the north and east.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 THE COURT: So if I pull a houseboat up to that shore within the diagonal area, would that houseboat then be subject to the extraterritorial jurisdiction of Lakewood Village?

5 THE WITNESS: It depends on where you pull it up. There are some private properties.

7 THE COURT: I don't know the answer. I'm just being funny. I was hoping you would say I don't know. Apparently you -- 10 THE WITNESS: I do know.

11 THE COURT: -- purport to know.

12 THE WITNESS: Depends on whether you're renovating your boat.

14 THE COURT: I don't have a houseboat, I just thought it was a novel question.

16 Sorry to interrupt you. Go ahead.

17 Y'all are bordering on talking over one another -- 19 MS. DeCURTIS: Sorry.

20 THE COURT: -- possibly because you're trying to be quick -- 22 MS. DeCURTIS: I am.

23 THE COURT: -- but try not to kill my court reporter. She's had a busy day already.

25 MS. DeCURTIS: Just let me know if I'm Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 going a little too fast.

2 Q. (BY MS. DeCURTIS) If you'd turn to Exhibit 4 and look at the attachment to the certification. What does that show?

5 A. That shows the ETJ of the city.

6 Q. And is the ETJ -- you say of the city. You mean Town of Lakewood Village?

8 A. Yes.

9 Q. Is that ETJ marked in yellow?

10 A. It is.

11 Q. Okay. And does it also show the ETJ of Little Elm?

13 A. It does, in light green.

14 Q. In light green. And if you look at this particular map, can you see the property that is Mr. Bizios' property -- 17 A. Yes.

18 Q. -- on this map? And can you tell the Court for the Court's reference the property number or number listed on that map that indicates Mr. Bizios' property?

21 A. It's our number 182659.

22 Q. So this particular lot is wholly within Lakewood Village's ETJ, is it not?

24 A. It is.

25 Q. Okay. Your ETJ goes into the lake, but who Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 regulates this lake?

2 A. The US Army Corps of Engineers.

3 Q. And is part of that regulation the Army Corps of Engineers actually maintains a flowage easement for properties like this, correct?

6 A. They do.

7 Q. What does that mean?

8 A. That means that they control elevations at mean sea level 537 and below.

10 Q. If you'll turn to Exhibit 5 and just look at the attachment. Could you tell the Court what that was?

12 A. It is a topography map of Mr. Bizios' property.

13 Q. And you can tell from this map in increments of two what the mean sea level is; is that correct?

15 A. That's correct.

16 Q. Do you know why the Army Corps of Engineers has a mean sea level of 537?

18 A. It's for the health and safety, protection of private property and the people that are on this shoreline.

21 Q. Does it also relate to the 100-year floodplain?

22 A. It does. That's what the 537 line indicates.

23 Q. Okay. And the Lakewood Village actually requires its own finished floor elevation, does it not?

25 A. We do.

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1 Q. And do you know what ordinance that's in?

2 A. I believe that's 1307.

3 Q. And do you know what the MSL is for Lakewood Village? 5 A. 540.

6 Q. And do you have any idea what this particular structure is being built at?

8 A. I don't.

9 Q. Is this property also within the unincorporated area of the county?

11 A. Yes, it is.

12 Q. Denton County?

13 A. Yes, ma'am.

14 Q. Okay. Was a plat ever filed for Sunrise Bay subdivision with the Town?

16 A. No, it was not.

17 Q. Was there a plat filed with any government agency?

19 A. As far as I know, with the county of Denton and the Town of Little Elm.

21 Q. Prior to the builder filing plans with the city, did you have any knowledge of the plat?

23 A. I did not.

24 Q. You would not have had any reason to review this plat to know that Lakewood Village was not a party Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 to the filing before this issue -- 2 A. No. 3 Q. -- would you have? Did you do a diligent search of the records of Lakewood Village to determine whether or not the Town received notice of this plat?

6 A. Yes, I did.

7 Q. And did you find anything?

8 A. I did not.

9 Q. And you looked at the council meetings, the agendas, the past minutes, did you not?

11 A. Yes, I did.

12 Q. You did a thorough search, did you not?

13 A. Yes, I did.

14 THE COURT: Ma'am, you're repeatedly doing exactly what I warned all of the witnesses to try not to do. I'm not upset, I just want to let you know we need to be really conscious about interrupting each other.

18 THE WITNESS: Oh. Thank you, Your Honor.

19 MS. DeCURTIS: I'm sorry. I have in my mind that I need to be very expeditious with my time, Your Honor. I will try to slow down.

22 Q. (BY MS. DeCURTIS) So you found no evidence that the Town had received any type of notice regarding the plat that was filed with Denton County, did you?

25 A. Correct.

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1 Q. Okay. If you'll look at Exhibit No. 17. This is a resolution that was adopted by the Denton County Commissioner's Court, wasn't it?

4 A. Yes, it is.

5 Q. And if you look at the resolution, does it tell who was responsible for platting and regulations in the city's extraterritorial jurisdiction?

8 A. It does. It says the cities are responsible.

9 Q. You indicated that the builder had filed plans with the city, correct?

11 A. Yes.

12 Q. And did he apply for a permit?

13 A. He did apply.

14 Q. Was that permit approved?

15 A. The process was never completed.

16 Q. Why not?

17 A. He canceled the mandatory preconstruction meeting and did not pay the building fees.

19 Q. And that was all that he had left to do, correct?

21 A. Correct.

22 Q. So he did submit plans?

23 A. Yes.

24 Q. And did he -- was it required that he have his subcontractors registered?

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 A. It is required.

2 Q. And did he do that?

3 A. He did.

4 Q. Okay. And do you know if a preconstruction meeting was actually scheduled?

6 A. There was one scheduled.

7 Q. And did he attend?

8 A. He did not. He canceled a few hours before the meeting.

10 Q. Did he say why?

11 A. He said he had a conflict and would reschedule.

12 Q. And a permit is actually required to build a structure in this location, isn't it?

14 A. Correct, yes.

15 Q. Which ordinance requires a permit to be built in this particular area?

17 A. I believe that's Ordinance 1116.

18 Q. And 1116 also adopted a uniform code called the International Residential Code, correct?

20 A. Yes.

21 Q. Do you know who publishes that code?

22 A. The International Code Council.

23 Q. Is that a uniform code that was adopted by the city?

25 A. It is.

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1 Q. And were those codes extended to the Town's ETJ by ordinance?

3 A. Yes, they were.

4 Q. And do you know what ordinance that is? 5 A. 1001.

6 Q. There are also ordinances that extend the Town's other uniform regulations, such as plumbing, mechanical and electrical, correct?

9 A. Correct.

10 Q. Okay. If you look at the -- this particular resolution, it indicates, if construction occurs in a city's ETJ where the city has adopted a building code, then the city code applies, correct?

14 A. Yes.

15 Q. And as part of this order, if the homebuilder seeks a permit with Denton County, would it have required inspection?

18 A. It does.

19 Q. How many inspections does Denton County require?

21 A. It requires three third-party inspections.

22 Q. So not even an inspector by Denton County?

23 A. Correct.

24 Q. Other than those three inspections, is there any further oversight by the county?

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1 A. No. 2 Q. And the Lakewood Village ordinance actually requires 14 difference inspections, doesn't it?

4 A. That's correct.

5 Q. Has the homebuilder or owner authorized or requested the inspections required by Lakewood Village?

7 A. Not until the temporary restraining order was modified.

9 Q. You actually went out on the property, didn't you?

11 A. I did.

12 Q. And what date was that the first time?

13 A. March the 10th.

14 Q. What did you see?

15 A. I saw form boards in place.

16 Q. And could you explain to the Court what form boards are?

18 A. Form boards are structures to indicate where the house is going to be placed on the lot.

20 Q. If you'll turn to Exhibit 11.

21 THE COURT: I tell you what, that's kind of a transition point, so I'm going to just stop you there briefly. If y'all need to confer during the break, you're welcome to, but I'm going to take care of a couple matters real quick.

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1 (Recess taken) 2 THE COURT: Back on the record in the Lakewood Village case. Sorry for the interruption.

4 Please continue, Counsel.

5 Q. (BY MS. DeCURTIS) Ms. Asbell, we were previously talking about the property located at 3950 and 3960 Spinnaker Point Run, and you were indicating that there is a permit required by the Town's ordinance in order to construct a structure on that property, correct?

11 A. Correct.

12 Q. Okay. And is a permit still required even when the property has already been platted?

14 A. Yes, that's correct.

15 Q. And even if the plat was long ago, say 1995, would it still be required on the property?

17 A. Yes, it would.

18 Q. Now, we're just going to -- we were talking briefly about you visiting the property and I had asked you to turn to Exhibit No. 11. And tell the Court what exactly this shows.

22 A. This is a picture that shows the condition of the property when I went out there on March the 10th and saw the form boards in place.

25 Q. And by form boards, you had mentioned to the Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 Court that that's what shape the house is going to take on the floor, correct?

3 A. Correct. That's the wooden structure shown on the picture.

5 Q. Is that when you contacted the building official?

7 A. I did.

8 Q. Who is the building official for Lakewood Village?

10 A. Steve Freeman.

11 Q. But this was after -- this particular visit was after the building plans had already been filed with the city, correct?

14 A. Correct.

15 Q. What date were those filed?

16 A. January the 27th.

17 Q. But there was not an approval permit for this location, correct?

19 A. Correct.

20 Q. Okay. And when you visited March 10th, did you see a retaining wall that had also been constructed on the property?

23 A. I did. It's down below site line at the end of the property in this picture.

25 Q. Would that wall have also required a building Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 permit?

2 A. It would.

3 Q. And did they obtain a building permit for that wall?

5 A. They did not.

6 Q. Did the building official visit this property to your knowledge?

8 A. He did.

9 Q. When did he do that?

10 A. On March the 13th.

11 Q. Were you on the property that day also?

12 A. I was.

13 Q. And what did you see that day?

14 A. I saw workers present and drilling rigs for piers.

16 Q. Is that for the foundation?

17 A. Yes.

18 Q. So the building official actually met you at the property that day?

20 A. He did.

21 Q. If you turn to Exhibit No. 12, were these photographs that you took on March 13th when you went there that day?

24 A. Yes.

25 Q. As part of your position, do you usually Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 prepare stop work orders -- 2 A. Yes.

3 Q. -- for the building official? And did you prepare one for this property on this day?

5 A. Yes. That's part of my duties and I did that date.

7 Q. If you'll just look at the first picture.

8 Could you tell the Court what that shows?

9 A. That shows work in progress on the property without an active permit.

11 Q. And same for the second and the third?

12 A. Yes.

13 Q. And the fourth?

14 A. Yes.

15 Q. And the fifth, what does that show? 16 A. 1731, that is the same property. Those are concrete trucks that were on site when the building official arrived.

19 Q. And if you turn to the next one, does that show the concrete piers?

21 A. I believe that's the holes for the piers, yes.

22 Q. Had they already poured the concrete at that point on the piers?

24 A. I can't say personally.

25 Q. But this is basically a depiction of the form Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 board, is it not?

2 A. It is, and it shows the hole for the pier.

3 Q. If you look at the next one, could you tell the Court what that is?

5 A. That is a drilling rig that drills the holes for the piers.

7 Q. And the following picture?

8 A. Another hole for the pier.

9 Q. And if you turn to the next picture, is that a picture of the building official -- 11 A. That is -- 12 Q. -- for the Town?

13 A. Yes, it is. That's Steve Freeman.

14 Q. What is he doing in that picture?

15 A. He is signing the stop work order.

16 Q. So the stop work order was signed on site?

17 A. Yes, it was.

18 Q. If you'll turn to Exhibit No. 9. Look at the attachment. Is this a copy of the stop work order placed on the property that day?

21 A. It is.

22 Q. This is actually dated March 13th, is it not?

23 A. Correct.

24 Q. And it was signed by the building official on site, correct?

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 A. Yes, it was.

2 Q. Okay. And if you turn back to the exhibits in Exhibit No. 12 and turn to the last page, does this show that same stop work order posted on a tree?

5 A. It does.

6 Q. Okay. After this stop work order was posted on this property, did you see anybody on the property?

8 A. I did.

9 Q. Who did you see?

10 A. I saw a pickup truck with workers in it coming up the drive.

12 Q. And did they say anything to you?

13 A. They stopped and they asked -- 14 MR. ANDERSON: Objection, hearsay, Your Honor.

16 THE COURT: As to that question, the objection's overruled. Please just answer the question.

18 The question was, and did they say anything to you?

19 THE WITNESS: Yes, they did.

20 Q. (BY MS. DeCURTIS) Okay. And what did you say to them?

22 A. I stated that the stop work order indicated that they could not work until a proper permit had been pulled.

25 Q. And did they actually remove the stop work Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 order?

2 A. The stop work order was removed. I don't know who did it.

4 Q. But you don't know who removed the order, correct?

6 A. Correct.

7 Q. Okay. If you'll turn to Exhibit No. 13. These are photographs that you took the following day, correct?

10 A. Yes.

11 Q. So you went out to the property, I'm assuming, in the morning, correct?

13 A. Yes, 9:30 that next morning.

14 Q. And is this a picture of the same tree that had previously had a stop work order posted?

16 A. It is.

17 Q. And this particular photograph shows that it had been removed, correct?

19 A. Correct.

20 Q. So what did you do when you determined that it had been removed?

22 A. I contacted the building official and asked for direction.

24 Q. And what did the building official do?

25 A. He authorized me to post a second stop work Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 order.

2 Q. And did you do that?

3 A. I did.

4 Q. So you posted a second stop work order under the authority of the building official?

6 A. Correct.

7 Q. And if you look at the second photograph in Exhibit 13. Is that a copy of the second stop work order?

10 A. It is.

11 Q. -- that you posted? And who is that individual in the photograph?

13 A. Mr. Bizios.

14 Q. That's the defendant, correct?

15 A. Correct.

16 Q. And if you turn to Exhibit No. 10 and look at the attachment. Is this a copy of the second stop work order that was actually posted on the property that day?

19 A. It is.

20 Q. And it's actually dated the 14th, is it not?

21 A. Yes.

22 Q. And this was also signed on site?

23 A. It was.

24 Q. With permission of the building official?

25 A. Correct.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 Q. Did you talk to the owner at the time that you posted the second stop work order?

3 A. Yes.

4 Q. And what did the owner say to you?

5 A. He told me that I was trespassing and I needed to leave the property.

7 Q. Did he say anything else?

8 A. He said that he could go to Home Depot and get some red paper and post it and have just as much authority as I did.

11 Q. And if you go to the next page, what does that show?

13 A. I'm sorry, which exhibit are we on?

14 Q. This is on Exhibit 13, and it is the third photograph. Could you tell the Court what that shows?

16 A. That shows a concrete truck that has driven through the stop work order, dropped concrete and is coming back up the drive.

19 Q. So the owner continued working even after the second stop work order was posted, correct?

21 A. Correct.

22 Q. And did you say anything else to the owner while you were there?

24 A. I indicated that we have the authority and I was posting a stop work order.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 Q. And did you go back to the property?

2 A. I did.

3 Q. What date did you do that?

4 A. I believe it was the 17th or 18th.

5 Q. If you'd turn to Exhibit No. 14, were these photographs that you took on March 18th?

7 A. Yes, it is.

8 Q. What did you see on that day when you went?

9 A. I saw this pickup truck pulling out with trenching equipment and trenches -- new trenches on the property for plumbing rough.

12 Q. And could you explain to the Court what a plumbing rough is?

14 A. They're laying plumbing underground which will be below the foundation in preparation for the foundation work.

17 Q. And so this first photograph shows that there's a truck with some sort of -- what is that on the back?

19 Are you -- 20 A. I believe it's a trencher.

21 Q. A trencher. And then if you turn to the following page, what does that show?

23 A. That shows that work has been done on the property with the trench lines in it.

25 Q. Is the stop work order still there?

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 A. No, it is not.

2 Q. So someone removed the second stop work order, correct?

4 A. Correct.

5 Q. Do you know who removed it?

6 A. I do not.

7 Q. There are other houses within Sunrise Bay in Lakewood Village's ETJ, correct?

9 A. Yes.

10 Q. That are currently built?

11 A. Yes.

12 Q. And were they built before or after Lakewood Village extended their building codes to the extraterritorial jurisdiction?

15 A. They were built before.

16 Q. But some of them had been renovated, were they not?

18 A. Correct.

19 Q. And renovations that required permits, didn't they?

21 A. Yes, they did.

22 Q. Okay. I'm going to show you -- 23 MS. DeCURTIS: If I could approach, Your Honor?

25 THE COURT: Yes.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 MS. DeCURTIS: Actually, we'll do all of these at the same time.

3 Q. (BY MS. DeCURTIS) I'm going to show you what's been premarked Petitioner's Exhibit 2, Petitioner's Exhibit No. 3, and Petitioner's Exhibit No. 4. Could you tell the Court what those are?

7 A. These are applications for permit.

8 Q. And are those certified copies of public documents?

10 A. Yes, they are.

11 MS. DeCURTIS: Your Honor, at this time I would like to offer Petitioner's Exhibits 2, 3 and 4 into evidence.

14 MR. ANDERSON: We object. These are, I think, remodeling permits for other houses in the ETJ.

16 We object on the basis of relevance. It's our understanding that those homeowners felt like they were forced to go ahead and get those permits, and it really has no relevance to the issues in this case as to whether or not the ordinances are legal or not.

21 THE COURT: What is your response?

22 MS. DeCURTIS: My response is it goes directly to the fact that other individuals in similar circumstance to Mr. Bizios are aware of the regulations in that area and they have been in compliance with the Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 law.

2 THE COURT: The objection is sustained.

3 MR. ANDERSON: Thank you, Your Honor.

4 Q. (BY MS. DeCURTIS) Exhibit No. 3, I believe, is 3964 Spinnaker Run Pointe, isn't it?

6 A. Exhibit 2?

7 Q. Exhibit 2, excuse me. 8 A. Yes.

9 Q. Okay. And what is that permit for?

10 A. It is a plumbing permit.

11 Q. And could you tell the Court when this permit was pulled?

13 A. April 18th, 2013.

14 Q. And was that approved at the Town of Lakewood Village?

16 A. It was approved.

17 Q. And 3964 Spinnaker Run Pointe is in the Town's extraterritorial jurisdiction, isn't it?

19 A. Correct.

20 Q. Okay. And if you look at Exhibit No. 3, is that a permit for 3904 Spinnaker Run Pointe?

22 A. It is.

23 Q. And could you tell the Court what that permit is for?

25 A. That is for a pool enclosure.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 Q. And what date was that permit?

2 A. March the 18th, 2013.

3 Q. And was that also approved?

4 A. It was.

5 MR. ANDERSON: Your Honor, I guess I'm going to object. I think you indicated that those documents could not be introduced, and, yet, all's we're doing is hearing testimony about the documents.

9 THE COURT: So what's your objection?

10 MR. ANDERSON: Relevance, Your Honor.

11 THE COURT: Sustained.

12 MR. ANDERSON: Thank you, Your Honor.

13 Q. (BY MS. DeCURTIS) So the builder, Mr.-- the builder for Mr. Bizios started out by applying for a permit with the Town like everyone else in the subdivision but then stopped; is that right -- 17 MR. ANDERSON: Objection, Your Honor.

18 That's an assumption based upon the documents that were not admitted into evidence which we objected to as to relevance. It lacks foundation. We object.

21 THE COURT: I'm going to let you finish the question because he cut you off in mid-sentence, and I'm going to instruct the witness not to answer the question, but I want to hear the question in its entirety before I rule on the objection. Can you finish Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 your question?

2 MS. DeCURTIS: I'll withdraw the question.

3 THE COURT: Do you want me to reread it to you, or do you want to just go to something else?

5 MS. DeCURTIS: No, I'll just go to something else.

7 THE COURT: Go ahead.

8 Q. (BY MS. DeCURTIS) Did Mr. Bizios or the builder indicate why they stopped the process for the permit that was filed with Lakewood Village?

11 A. I believe he said he believed that I misrepresented our authority.

13 Q. So at that point was when the Town was forced to file this lawsuit, correct?

15 A. Correct.

16 MS. DeCURTIS: No further questions for this witness.

18 MR. ANDERSON: May I, Your Honor?

19 THE COURT: Go right ahead.

20 CROSS-EXAMINATION BY MR. ANDERSON: 22 Q. Ms. Asbell, was there an attempt to annex this portion of Sunrise Bay by Lakewood Village in the 2010 time frame?

25 A. No. Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 Q. Was there any discussion about annexing this portion of Runaway Bay in the 2010 time frame?

3 A. Runaway Bay, no. 4 Q. Sunrise Bay, sorry. I was thinking of my other lawsuit. Sunrise Bay?

6 A. I'm not sure that I understand your question.

7 Q. Okay. Are you aware of any discussions about the potential annexation of this portion of Sunrise Bay that's in Lakewood's ETJ by the Town of Lakewood Village?

11 A. We discuss things like that regularly, yes.

12 Q. And was part of that discussion basically the Town annexing the ETJ that is located within Sunrise Bay that is within Lakewood Village's jurisdiction?

15 A. There is that potential, yes.

16 Q. And the decision was made by the residents that they did not want to be annexed by Lakewood Village, correct?

19 A. I'm not aware that the citizens were involved in the discussions.

21 Q. But the bottom line is Lakewood Village has not annexed that property today, correct?

23 A. Not today, correct.

24 Q. And they could not annex it today unless the residence submitted a petition consenting to the Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 annexation, correct?

2 A. Under the circumstances we have today, that's correct.

4 Q. That's what I'm asking.

5 A. Yes.

6 Q. Today if Lakewood Village tried to unilaterally annex Mr. Bizios' lot and the surrounding lots, they would be legally prohibited from doing that, correct?

9 A. Unless I received a petition from the residents, correct.

11 Q. Unilaterally means without having the petition.

12 A. Okay. Yes.

13 Q. So you understand Lakewood Village is a general law town, correct?

15 A. That is correct.

16 Q. So Lakewood Village is different than Little Elm because that's a home rule city, correct?

18 A. Correct.

19 Q. And you do understand the differences because you've had some training as a city secretary between the powers of a general law town versus a home rule city; is that correct?

23 MR. MESSER: Your Honor, I'm going to object because I think he's really asking her for legal opinions -- Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 MR. ANDERSON: I think he asked for about 15 -- 3 THE COURT: Hold on, hold on. Don't interrupt each other, period.

5 MR. ANDERSON: Yes, sir.

6 THE COURT: It's rude, and I've been pretty clear, I don't like people talking over each other anyway.

9 MR. ANDERSON: Apologize, Judge.

10 THE COURT: I will always give fair opportunity to respond when it's your turn, but while one attorney's talking, it's their turn. Please complete your objection.

14 MR. MESSER: I think that he's asking for opinions about foundation that deal with legal issues.

16 THE COURT: Okay. What's your response?

17 MR. ANDERSON: The response is I think in direct she was asked numerous questions on legal issues and also on the authority to annex. She said they couldn't annex today. They could build the population, they could annex. She was making numerous legal opinions, if you want to call them that, but they're basically within her framework as being the city secretary and the training she's had as part of that, Your Honor.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 THE COURT: The objection's overruled.

2 You can ask the question.

3 MR. ANDERSON: And I'll try to rephrase.

4 And I do apologize, Judge, prior.

5 THE COURT: Not mad, I'm just particular.

6 MR. ANDERSON: I understand totally.

7 Q. (BY MR. ANDERSON) Do you understand the difference between a general law town and a home rule city like Little Elm?

10 A. I do.

11 Q. And do you understand that as a general law town, Lakewood Village can only take those actions which are expressly authorized by the Texas legislature and one of these statutes or by the Texas Constitution?

15 A. Correct.

16 Q. And that Little Elm, on the other hand, as a charter home rule city has police powers, that they can take whatever actions that are pursuant to the police powers as long as they are not prohibited by the legislature or the Constitution?

21 MR. MESSER: Same objection, Your Honor.

22 That's very detailed dealing with the constitutional police powers.

24 MS. DeCURTIS: Also relevance.

25 THE COURT: Only -- I'm going to have to Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 at this point since -- you know, our local rules require, and I think it's pretty common practice throughout the state anyway, that when one attorney -- even though a client may be represented by multiple attorneys, when one attorney presents the witness, that's the attorney that's got to make the objections.

7 You don't get to tag team. So please bear that in mind.

8 I need to hear from one attorney for each side with respect to each individual witness that may be called.

10 The second thing is, I understand the nature of your objection and I believe that does go pretty far beyond the scope of what this witness would be qualified or appropriate to ask, so I'm going to sustain that objection. You're welcome to try a different way or ask to break it up and ask it a different way.

17 Q. (BY MR. ANDERSON) Ms. Asbell, as -- is Little Elm's population greater than Lakewood Village's?

19 A. It is.

20 Q. And at least for the last 30 years, has Little Elm's population always been greater than Lakewood Village's?

23 A. I believe so. 24 Q. And what services would Lakewood Village supply to Mr. Bizios' property?

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 A. Building department services.

2 Q. Other than the dispute that we have today, are there any services that Lakewood Village would provide?

4 A. No. He's not in the corporate limits.

5 Q. So the city is not going to provide him fire protection services?

7 A. He doesn't pay taxes that cover that service.

8 Q. And he's not going to be provided police service?

10 A. Correct. Again, he doesn't pay taxes that cover that.

12 Q. And the city doesn't provide water to this area, does it?

14 A. No, it does not.

15 Q. Is water provided by Little Elm?

16 A. It is.

17 Q. And does it provide sewer service?

18 A. No. 19 Q. And so in the Town's brief that it filed last night, it says the Town's current population is approximately 559. I think you said it was approximately 620?

23 A. Correct.

24 Q. And so which of those is correct?

25 A. I'm going to assume it's somewhere between -- Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 it's a moving number at times.

2 Q. Okay.

3 THE COURT: That's 10 percent of the population that changed overnight. Not a lot of towns can say that.

6 MR. ANDERSON: It's a fast growing area of the county, Judge.

8 Q. (BY MR. ANDERSON) And in the brief it says, based on development within the Town's limit, it is anticipated that the Town's residency will double in the next 10 years. Do you agree with that statement?

12 A. Yes.

13 Q. And then it said, the Town would then have the statutory authority to annex an area without consent of resident when it provides water or service to the area.

16 But it doesn't provide water service, does it?

17 A. Not currently.

18 Q. Well, that's -- that's what I'm asking. Does it provide water service?

20 A. No, sir, not currently.

21 Q. Does it provide sewer service?

22 A. No. 23 Q. And does it even have a sewer system?

24 A. Of course we do.

25 Q. Okay. And is the certificate of convenience a Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 necessity by the state for this area that is included within Lakewood Village's CCA?

3 A. No, not currently.

4 Q. So legally, you don't have the authority to extend water and sewer to this area, correct?

6 A. Not currently.

7 Q. And as a result of that, that provision in the local Government Code that's cited by -- in the brief 43.0033 states that when a Town has a population of a thousand, it can annex it if it provides water or sewer to the area, correct?

12 A. Correct.

13 Q. And y'all provide neither, correct?

14 A. I'm sorry, I didn't hear you.

15 Q. You provide neither service, water or sewer?

16 A. Not to date, correct.

17 Q. And it also says that if that happens, that after a year, the residents could vote to disannex if they wanted to, correct?

20 A. I'm sorry, I don't, off the top of my head, know that part of the statute.

22 THE COURT: Is it disannex or de-annex?

23 MR. ANDERSON: I think they're the same things, Judge.

25 THE COURT: Un-annexed?

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1 MR. ANDERSON: I don't know that one.

2 THE COURT: How many prefixes are proper under the English language?

4 Q. (BY MR. ANDERSON) And does the Town maintain the roads within the subdivision?

6 A. The Sunrise Bay subdivision?

7 Q. Correct.

8 A. No. 9 Q. Those roads are maintained either by the county if it's in the ETJ, or by Little Elm if it's within their city limits?

12 A. Correct.

13 THE COURT: And I'm going to actually ask a serious question. What if it's outside the city limits of Little Elm but within their ETJ?

16 THE WITNESS: The county would cover them.

17 MR. ANDERSON: The county would do it.

18 Unless the city decides for whatever reason out of the goodness of their heart that they'll go ahead and maintain them, it would be county?

21 THE COURT: And this is kind of getting to a question I had during opening arguments while I was looking at the maps. There are places where Little Elm's ETJ and Lakewood Village's ETJ actually overlap; is that correct?

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1 THE WITNESS: There's no overlap. There are some properties where the backyards of some properties are in the Little Elm ETJ and the front portion of the property is in the Lakewood Village ETJ.

5 THE COURT: So in the event that the provisions adopted by Little Elm -- in that kind of example, the provisions adopted by Little Elm are contrary to the provisions adopted by Lakewood Village, who prevails?

10 THE WITNESS: It would depend on where the majority of the structure would lie within the property.

12 THE COURT: Let's just assume you've got a house that's fifty-fifty. It's a mess, isn't it?

14 THE WITNESS: That would be up to you then, I guess.

16 THE COURT: I don't like that answer.

17 All right. Sometimes devil's advocate is fun, but go ahead.

19 Q. (BY MR. ANDERSON) The plat for Sunrise Bay is, I think, Exhibit 7. And you agree that plat was approved by both Little Elm and by Denton County, correct?

23 A. Correct.

24 Q. So that would be consistent with the statutory language that for a tract located in the ETJ of more Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 than one municipality, the authority responsible for approving the plat is the municipality of the largest population. And so that would be -- Little Elm has a larger population than Lakewood Village?

5 THE COURT: Hold on.

6 MS. DeCURTIS: Objection, Your Honor. I think this is delving a little bit more into the legal conclusions than what she's qualified to testify to, again.

10 THE COURT: The question is multifarious.

11 And there are parts of it that may be properly objectionable and parts that are not, so I'm going to again ask you to back up and ask a single question at a time so that I know which question I may be sustaining or overruling an objection to.

16 THE WITNESS: Am I waiting to answer?

17 THE COURT: If you'll just wait for another question. I've sustained the objection on different grounds and redirected counsel to ask a single question.

21 Q. (BY MR. ANDERSON) You would agree with me that in 1995, Little Elm's population was greater than Lakewood Village, correct?

24 A. I believe it was.

25 Q. And so do you have any reason to dispute that Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 the plat, which was in Exhibit 7, was not validly approved and recorded?

3 MS. DeCURTIS: Objection, Your Honor. I think that the witness has no foundation for this question.

6 THE COURT: Overruled. It's -- 7 MS. DeCURTIS: She lacks personal knowledge and it requires some sort of legal interpretation of whether or not the plat is valid.

10 THE COURT: Overruled. To the extent that the door's at least been opened to this subject matter by the direct testimony, I'm going to permit the question.

14 Do you remember the question?

15 THE WITNESS: Can you restate, please?

16 THE COURT: And so do you have any reason to dispute that the plat which was in Exhibit 7 was not validly approved and recorded?

19 THE WITNESS: My answer to that is I don't know.

21 THE COURT: Please ask your next question.

22 Q. (BY MR. ANDERSON) And what would be the building permit fee that the city would charge for Mr. Bizios' house?

25 A. I don't remember the exact number. I believe Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 it's $14,646.

2 Q. And that's based upon a calculation of $2 per square foot times the amount of square feet in the house exclusive of the garage and porch?

5 MS. DeCURTIS: Your Honor, I'm going to object as to relevance to the temporary injunction hearing that we're having today. He's going towards the merits of his unconstitutionality claim. As we talked about in opening statements, we were objecting to the relevancy of that line of questioning.

11 THE COURT: What is the relevance of -- 12 MR. ANDERSON: I think they opened the door, Judge. They said that the reason that they're doing this is because of all of these, you know, kind of public health and safety reasons, and we want these houses to be similar to the houses that we have within our jurisdiction, and it's -- the relevance is that we believe and will argue that this is basically just a money grab by the Town. It really has nothing to do with those reasons.

21 MS. DeCURTIS: That is not relevant -- 22 THE COURT: Hold on. The objection is sustained. And, Counsel, especially because we do have some time constraints we need to operate with under, I'm going to advise you of a local rule that a lot of Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 attorneys are not familiar with, and that is that attorneys are not permitted to provide argument on objections, only to state a legal objection, and they're not permitted to respond to legal objections unless the Court invites it. Believe it or not, that's actually in our local rules approved by the Supreme Court, and I've found that sometimes that's a good rule to enforce just to get things moving along. If I think I'm not sure of what a proper ruling should be to an objection, I'll invite response. And if I'm sure that I grasp the objection, I would rather just rule and move on.

12 MS. DeCURTIS: Thank you.

13 THE COURT: Please ask your next question.

14 Q. (BY MR. ANDERSON) With regards to the retaining wall issue, if you could look at Exhibit 33.

16 THE COURT: Are we talking about in your exhibits?

18 MR. ANDERSON: Stipulation. I don't think I have exhibits other than the stipulated exhibits.

20 THE COURT: I just want to make sure I have the right folder in front of me. 22 Q. (BY MR. ANDERSON) Have you seen this document before?

24 A. I have.

25 Q. Do you understand that the retaining wall, that Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 approval goes through the department of the army -- that the department of the army has to approve the retaining wall?

4 A. Yes.

5 Q. And as a matter of fact, that anything that happens within the flowage easement, that's regulated by the corps, correct?

8 A. Yes, it is.

9 Q. And it actually says in the second paragraph on the second page, that the flowage easement grants to the United States the right of prior approval for any structure to be located within the easement area, which area is under the administrative control of the Fort Worth District Corps of Engineers. Do you see that?

15 A. I do see that.

16 Q. And so you would agree with me that the department of the army which has jurisdiction over the flowage easement and what can go in the flowage easement has approved the retaining wall, correct?

20 A. I'm sorry. Ask the question again.

21 Q. Sure. That the retaining wall, which has been built within the flowage easement, has been approved by the department of the army which has jurisdiction, correct?

25 A. I do see that they have approved it.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 Q. And if you could look at page -- Exhibit 35.

2 That's the application for development permit approved by Denton County, correct?

4 A. Yes.

5 Q. And it's been signed and approved by the Denton County Planning Department?

7 A. Yes.

8 Q. And my copy, I don't think -- do you have a good copy that has the inspections on the lower left-hand corner?

11 MS. DeCURTIS: No. 12 MR. ANDERSON: All right.

13 Q. (BY MR. ANDERSON) You understand that the county requires inspections of the house construction?

15 A. I know they require three inspections.

16 Q. Okay.

17 MR. ANDERSON: Judge, we'll need -- I think we're in agreement that the bottom left-hand corner where there's some blurred printing is actually where those three are listed so we need to find a better copy or else we'll -- 22 THE COURT: Are you talking about on the first page -- 24 MR. ANDERSON: Yes, Your Honor.

25 THE COURT: -- of Exhibit 35?

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 MR. ANDERSON: It has the colors and it says read A, certificate required. But -- 3 THE COURT: Yeah. The black part I can see some smudges, but I certainly can't make out what that text is if that's what you're referring to.

6 Q. (BY MR. ANDERSON) But you would agree that the county does have a process for requiring inspections for certain stages of construction, correct?

9 A. The county does have a process.

10 Q. And do you have any firsthand knowledge the house is not being constructed according to uniform building codes?

13 A. That's not my area. I'm sorry.

14 Q. When you were talking about the form boards, the elevation, is that the same elevation that the parties have agreed to in the TRO? 17 A. 540? I'm sorry, what are you asking -- 18 Q. I think so. Is that -- 19 A. We agreed in the TRO -- yes, I believe we agreed to 540.

21 Q. Okay. And so the agreement is acceptable to the Town, correct, in terms of the elevation that the structure's built to?

24 A. Compliance with the 540, yes.

25 Q. Okay. So the parties are in agreement on that, Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 right?

2 A. Yes.

3 Q. And would you agree that if Lakewood Village lacks the authority to require a building permit on Mr. Bizios' property, that he would have the right to go ahead and build his house without having Lakewood Village oversight?

8 MS. DeCURTIS: Objection, Your Honor.

9 That's sort of a confusing question.

10 THE COURT: To you or to me or to her?

11 MS. DeCURTIS: I think to anybody. It's very vague.

13 THE COURT: I'm going to overrule the objection.

15 You can answer it.

16 THE WITNESS: Honestly, I was going to ask him to restate it because I didn't understand what he was asking. I'm sorry.

19 THE COURT: Sometimes whether an objection is sustained or overruled, it's effective. You can take the witness' answer as you get it.

22 THE WITNESS: It is the truth. I was going to ask again.

24 THE COURT: I'm not suggesting there's gamesmanship going on.

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1 Q. (BY MR. ANDERSON) Let me kind of give you an example.

3 A. Okay.

4 Q. If Lakewood Village does not have the necessary legal authority to regulate the construction of Mr. Bizios' house, would you agree with me that Lakewood Village, you or the building officials, should not have posted the stop work orders on the property?

9 A. I believe I understand your question and I agree.

11 Q. And so if Mr. Bizios was proceeding with the building of his house on the basis of, you know, consultation with counsel and others that Lakewood Village did not have the legal authority to require compliance, then would you agree that he can continue to build his house?

17 A. Absent a ruling -- 18 MS. DeCURTIS: Objection, Your Honor.

19 That really calls for a legal conclusion, I think, and interpreting a court order.

21 THE COURT: Sustained.

22 Please ask another question.

23 Q. (BY MR. ANDERSON) Do you agree that all of the legal consents that are required for Mr. Bizios to build on his property, other than that dispute that we're here Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 today about, the applicability of Lakewood Village's building code, that he has obtained those necessary consents?

4 A. Short of the building permit from Lakewood Village, it appears he has received all of the required permits.

7 Q. And would you agree that the extension of the building code by the Town is based upon the state platting statute?

10 MS. DeCURTIS: Objection, Your Honor. I think that goes a little bit too far into the legal theory.

13 THE COURT: So what exactly is your objection?

15 MS. DeCURTIS: Legal opinion. Calls for a legal opinion. She has lack of personal knowledge of that issue.

18 THE COURT: Sustained.

19 MR. ANDERSON: Okay. Pass the witness, Judge.

21 THE COURT: We're going to go ahead and take a break there. Why don't y'all come on back at 20 till. That's 15 minutes from now. We'll resume at that point.

25 Ma'am, at that point if you'd like to just Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 come on up and have a seat, we'll pick up where we left off.

3 THE WITNESS: Yes, sir.

4 (Recess taken) 5 THE COURT: Back on the record. It is -- defendant had passed the witness just before the break, so it's the plaintiff's turn.

8 Any redirect?

9 MS. DeCURTIS: Yes, Your Honor.

10 THE COURT: Go right ahead.

11 REDIRECT EXAMINATION BY MS. DeCURTIS: 13 Q. Ms. Asbell, I just have a few questions for you. If you'll provide the sewer service currently to Sunrise Bay subdivision.

16 A. They are on individual septic systems.

17 Q. So no government agency currently provides sewer service to that particular area; is that correct?

19 A. Correct.

20 Q. And does the Town have a sewer infrastructure that can currently be extended to that area?

22 A. Yes.

23 Q. What about Little Elm?

24 A. No. 25 Q. So which entity out of Little Elm or Lakewood Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 Village would be more able to provide sewer to Sunrise Bay?

3 A. Lakewood Village.

4 Q. So in the future, it's possible that the Town actually could provide sewer services to the area?

6 A. Easily.

7 Q. So even if there was currently what's called a certificate of necessity, or CCN, with the City of Little Elm, they still wouldn't be able to provide the service, correct?

11 A. Correct.

12 Q. As part of the agreed temporary restraining order that we entered in this case, the Town agreed to perform inspections on the property to make sure the property was in initial compliance with some of the Town's building codes, correct?

17 A. Yes.

18 Q. Did the Town actually perform an inspection on the property?

20 A. We have, yes.

21 Q. When did you do that?

22 A. That was performed today.

23 Q. What type of inspection was that?

24 A. A plumbing rough.

25 Q. And did they pass that inspection?

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 A. They did not.

2 Q. Why did they not pass that inspection?

3 A. They have two islands that are plumbed contrary to code there's a problem with the water service line, and their foam board survey was not on site as required.

6 Q. So currently, it isn't constructed insofar as the Town's ordinances, is it?

8 A. Correct.

9 Q. Okay. If you will turn to Exhibit No. 33.

10 Opposing counsel had asked you a question regarding the army corps of engineer easement and he had you look at some language -- I think -- I believe it was the second whereas. If you go down to "provided however" to number one, could you tell the Court what that states?

15 A. It states that all activities conducted on the premises shall comply with all applicable federal, state, county and municipal laws, ordinances and regulations wherein the premises are located.

19 Q. So even if they -- even if the defendant had a permit from the army corps of engineers, that would not preclude the Town from having them comply with the town's ordinances, correct?

23 A. Correct.

24 MS. DeCURTIS: No further questions, Your Honor.

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1 THE COURT: Mr. Anderson?

2 RECROSS-EXAMINATION BY MR. ANDERSON: 4 Q. Does the retaining wall in the flowage easement comply with the Town's ordinances?

6 A. No, it was not permitted.

7 Q. Substantively?

8 A. I don't know.

9 Q. Okay. And the certificate of convenience and necessity that your counsel asked you about is basically a permit that's issued by the state that indicates which entity can provide water or sewer service within that area; is that correct?

14 A. That's correct.

15 Q. And Little Elm has the CCN for Mr. Bizios' property, correct?

17 A. I am not sure who has the sewer. I believe the water is -- is there.

19 Q. Okay. Currently, Lakewood Village does not have the right to extend sewer into this area, correct?

21 A. We do not have a CCN for that area.

22 Q. And of the houses that were built in Sunrise Bay division before the city adopted their code extending to the ETJ, are you aware of any of those houses having significant construction defects?

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1 MS. DeCURTIS: Objection, Your Honor.

2 He's always already called into question the relevancy.

3 Any type of testimony -- he's opening the door to what we've already discussed regarding the houses that -- or the permits. So if he's going to be -- if you're going to allow that testimony, we request that our testimony regarding the other permits be brought in.

8 THE COURT: I have no idea what your objection is.

10 MS. DeCURTIS: My objection is relevance, or we request that since he's opened the door, that we be allowed to reintroduce the permits that you had originally sustained his objection to.

14 THE COURT: The objection as to relevance is sustained.

16 Please ask your next question.

17 Q. (BY MR. ANDERSON) Does the city enforce any other ordinances in their ETJ, other than its building code?

20 A. All related codes to building subdivision -- 21 Q. Including mechanical, electrical?

22 A. All of those.

23 Q. Okay. But other than those codes, does it apply any other ordinances?

25 A. The subdivision and platting.

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1 Q. So as to Sunrise Bay, which has already been platted by Little Elm and Denton County, the only code that would be applied in their ETJ would be the building code; is that correct?

5 A. The building and related ordinances, yes.

6 Q. Right.

7 MR. ANDERSON: Pass the witness, Judge.

8 MS. DeCURTIS: No further questions, Judge.

10 THE COURT: Ma'am, you can have a seat with your attorney.

12 THE WITNESS: Thank you, sir.

13 THE COURT: Attorneys, sorry.

14 Please call your next witness.

15 MS. DeCURTIS: Your Honor, as a housekeeping matter, we would like to introduce one more exhibit to the Court. We had actually discussed it before, and this one is a slight variation of a Denton County Commissioners order. The resolution is actually stipulated in the record, but the notice is a different notice that the county has certified. And it's a public -- certified document.

23 THE COURT: I'm not following you.

24 MS. DeCURTIS: We would offer this document at this time as Petitioner's Exhibit 1.

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1 THE COURT: Well, I've already got an Exhibit 1. Is it a duplicate? I'm just confused. So rather than -- 4 MS. DeCURTIS: It should have been tagged to the end, Your Honor, but this is Petitioner's Exhibit 1.

7 THE COURT: Okay.

8 MS. DeCURTIS: In particular, is what the stamp says.

10 If I could approach, Judge?

11 THE COURT: So as opposed to the stipulated exhibits, this is distinguished as Petitioner's Exhibit 1?

14 MS. DeCURTIS: That's correct.

15 THE COURT: And did I understand that this is a duplicate of one of the other exhibits that's already been admitted, with a slight variation?

18 MS. DeCURTIS: Yes.

19 THE COURT: What's the variation?

20 MR. MESSER: If I may, Your Honor. Deals with the third paragraph on the form.

22 MR. ANDERSON: Which exhibit are y'all talking about?

24 MS. DeCURTIS: No. 18.

25 THE COURT: Okay. So it is not an exact Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 duplicate of Exhibit 18, but substantially similar with a slight variation and your -- 3 MR. MESSER: Yes.

4 THE COURT: -- representing it's a certified copy of a public record; is that correct?

6 MS. DeCURTIS: Yes.

7 THE COURT: Any objection?

8 MR. ANDERSON: I don't have any objection.

9 I'm just confused because Exhibit 18 is stipulated to as well. So which one is the accurate one?

11 MR. MESSER: We think this one is.

12 MR. ANDERSON: Okay.

13 THE COURT: Okay. There being no objection, Petitioner's Exhibit 1 is admitted, but I'll note that while I don't care if an attorney is confused, I do care if I'm confused and I am confused likewise as to why we're getting a duplicate, so you may point out the differences.

19 MR. ANDERSON: Yeah, we don't object, Judge.

21 MS. DeCURTIS: If I may I approach, I can point out the differences.

23 THE COURT: If you need to come up, you're welcome to, Mr. Anderson.

25 MS. DeCURTIS: The county certified this Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 copy.

2 THE COURT: Oh, that one's colored, this is black and white?

4 MS. DeCURTIS: Well, that's not the only difference. If you look here, regarding the exact issue that we're here on today -- 7 THE COURT: Oh, there's a paragraph that's omitted here?

9 MS. DeCURTIS: Correct. And so we went back to the county and we said, you know, here's the other language. They certified this one. They purposefully removed it from that document, Your Honor, in my opinion.

14 THE COURT: They, the county?

15 MS. DeCURTIS: Yes.

16 THE COURT: Okay. Well, they're both admitted, and I, at least, now understand what the difference is and -- 19 MR. ANDERSON: Is that one certified by Bennett Howell as well, Judge? It would be on the first page.

22 THE COURT: Yes.

23 MR. ANDERSON: Okay.

24 MS. DeCURTIS: So it's this paragraph right here, Your Honor. You can read it, and I'll hand Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 it to you and you can read it.

2 THE COURT: Okay.

3 MS. DeCURTIS: And at this time, the Town of Lakewood Village would call Steve Freeman to the stand.

6 THE COURT: And just to further clarify for the record, Petitioner's Exhibit 1 will be made part of the court reporter's record.

9 MS. DeCURTIS: Yes, Your Honor.

10 THE COURT: In contrast to all of the other stipulated exhibits which are before the Court for evidentiary purposes but will remain part of the clerk's record since they've been filed.

14 MS. DeCURTIS: That's correct.

15 THE COURT: Okay. Go right ahead.

16 Sir, I'll just remind you, you've previously been sworn, and you are still under oath. If you'll make sure you speak right into that microphone, please, and try to follow the instructions I gave you earlier.

21 STEVE FREEMAN, having been first duly sworn, testified as follows: 23 DIRECT EXAMINATION BY MS. DeCURTIS: 25 Q. Would you state your full name for the record, Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 sir?

2 A. Steve Freeman.

3 Q. How are you currently employed?

4 A. I'm the building official for Lakewood Village.

5 Q. And how long have you been the building official?

7 A. Since March of 2009.

8 Q. And do you also hold another position?

9 A. Yes. I'm the chief building inspector in Prosper, Texas.

11 Q. And how long have you been there? 12 A. 10 years this coming July.

13 Q. Before you were at Prosper, what did you do?

14 A. I was building inspector in Flower Mound.

15 Q. For how long?

16 A. Six years.

17 Q. And have you written any publications relevant to your occupation?

19 A. Yes. I've written seven national publications, comprehensive study guides to help others become certified in building, plumbing, electrical, mechanical, and energy.

23 Q. And do you have any certifications relevant to your occupation?

25 A. Yes, I do. I'm a combination residential Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 building inspector covering building, mechanical, energy, electrical, and plumbing. Also state licensed plumbing inspector, and also certified in commercial plumbing and building.

5 Q. And are all of those certifications current?

6 A. Yes, they are.

7 Q. Are you familiar with the property located at 3950 and 3960 Spinnaker Point Run?

9 A. Yes, I am.

10 Q. How are you familiar with it?

11 A. I've been on site in the past.

12 Q. When was the first time you were familiar with the property?

14 A. I observed 3950 when I was inspecting the neighbor's property on remodel.

16 Q. And was 3950 -- and when I refer to the property, I'm going to be referring to 3950 or 3960 Spinnaker Point run.

19 A. Correct.

20 Q. Was it a vacant lot at the time you -- 21 A. Yes, it was.

22 Q. -- adjacent property?

23 Just wait until I'm finished.

24 A. Sorry. Yes.

25 Q. Is that in the Town of Lakewood Village?

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 A. It's in the ETJ, extraterritorial jurisdiction area of Lakewood Village.

3 Q. Thank you. Do you know who owns this property?

4 A. Mr. Harry Bizios.

5 Q. And did you communicate with Mr. Bizios at all regarding this property?

7 A. I've never talked to the man.

8 Q. Who did you communicate with?

9 A. I talked with Alan Hoffmann, who was the builder for Harry.

11 Q. So he was the builder employed by Mr. Bizios to represent him in his construction, correct?

13 A. Correct.

14 Q. And a builder for that property actually filed plans with Town, didn't he?

16 A. That's correct.

17 Q. And do you know when those were filed?

18 A. About late January.

19 Q. Okay. I'm going to show you this demonstrative document? Can you just tell the Court what these are?

21 MS. DeCURTIS: And, Your Honor, if I could just move it closer?

23 THE COURT: Go ahead.

24 Mr. Anderson, you can move around the courtroom, if you need to, to observe the references to Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 this demonstrative aid.

2 MR. ANDERSON: Thank you, Your Honor.

3 Q. (BY MS. DeCURTIS) Could you tell the Court what these are?

5 A. Those are the set of plans that we received for the house that they were going to build.

7 Q. And so you actually reviewed these plans, correct?

9 A. Yes, I did.

10 Q. And you made notations or comments to the plans?

12 A. Several notations.

13 Q. And do these particular plans here have your notations on them?

15 A. Yes.

16 Q. And are they handwritten and stamped?

17 A. There are stamps and handwritten notes, yes.

18 Q. Okay. And here it says, general frame notes.

19 Who is responsible for writing those notes?

20 A. The architect designed this house.

21 Q. And if you look at number one, it says, "The structure was designed in accordance to the International Building Code 2003 Edition," does it not?

24 A. Yes, it does.

25 Q. Okay. And if you look over here, is this your Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 stamp?

2 A. Yes. We use stamps to show our current codes that we have adopted and inspect under.

4 Q. And it says, "All inspectors shall comply with 2006 IRC requirements and documented ordinances," does it not?

7 A. That's correct.

8 Q. Okay. And do you know if they ever agreed to abide by the 2006 IRC International Building Code in this case?

11 A. I have no response on that.

12 Q. Okay. And then there's another stamp up here saying, the stairs shall comply with IRC Section R311.5, doesn't it?

15 A. Correct.

16 Q. And what exactly does that require?

17 A. That's to ensure that the stairs are built correctly so nobody would trip and fall down.

19 Q. So that's a health and safety issue?

20 A. Sure.

21 Q. Turning to the next page, this is a copy of the site plan, correct?

23 A. Yes, it is.

24 Q. Do you know what this line is here?

25 A. That would be a floodplain, floodplain line Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 where it goes up -- that's next to Lewisville Lake, so they show a 537 mark on all the lakefront properties.

3 Q. And who designates that as a 537 mark?

4 A. The Corps of Engineers.

5 Q. So the Army Corps of Engineers has an interest in this property as well?

7 A. Yes, they do.

8 Q. And what's the purpose of that?

9 A. To keep people from building in an area where the house would be flooded.

11 Q. And in this case, this particular structure is actually touching or built right up next to the 537 MSL, is it not?

14 A. Yes, it is.

15 Q. In at least three points, right?

16 A. Yes.

17 Q. Okay. Do you know why the Army Corps of Engineers chooses the 537 MSL?

19 A. It's from their 100-year flood history.

20 Q. So it's a method of protection, right?

21 A. Correct.

22 Q. And the Town has its own ordinances concerning the finished floor elevation on the house?

24 A. That's correct.

25 Q. And what is that elevation as required by the Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 Town?

2 A. The Town requires 540 feet above sea level.

3 Q. Do you happen to know the ordinance that is?

4 A. That would be under our ordinance 1307.

5 Q. Okay. And this particular design shows some issues if you're that close to the 537 line, does it not?

8 A. Yes. There could be major issues.

9 Q. So if the ordinance says that it needs to be -- 10 THE REPORTER: I can't hear you.

11 Q. (BY MS. DeCURTIS) If the ordinance says that it's supposed to be at 540 MSL, and they're up against a 537 MSL, what do they have to do?

14 A. You would have to build a retaining wall and build the pad up.

16 Q. But they've already built a retaining wall on this property, correct?

18 A. There is a retaining wall on the property.

19 Q. And do you know where that is?

20 A. Along the line shown where the -- where the house and back down below there's another -- there's a retaining wall down in the floodplain area.

23 Q. And that's by the lakefront, is it not?

24 A. Yes, yes.

25 Q. And, in fact, the retaining wall was built Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 wholly within the Army Corps of Engineers easement, was it not?

3 A. That's correct.

4 Q. So if the Town ordinance requires a 540 MSL, that's extra protection, correct?

6 A. Yes, it is.

7 Q. And as far as the retaining wall is concerned, we require a permit for that, by the Town ordinance, do we not?

10 A. We do require permits for retaining wall.

11 Q. To your knowledge, did they ever apply for a permit for that retaining wall that's already built?

13 A. No. 14 Q. Okay. As part of the permitting on the retaining wall, you would have required an engineering study, wouldn't you have?

17 A. Anything over 24 inches in height requires an engineer design.

19 Q. And when an engineer reviews a retaining wall, what are they looking for?

21 A. To keep it from having lateral movement for blowouts and -- where water would come into it to keep it in place.

24 Q. And does that also protect the adjacent property as well?

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 A. Sure.

2 Q. How so?

3 A. To keep from washouts going onto the property, or failure of the wall.

5 Q. Okay. Now, here it looks like we have the plan overview, correct?

7 A. Correct.

8 Q. And this is the first floor that has to be on the 540 MSL; is that right?

10 A. Yes.

11 Q. And this is a copy of the second floor plans?

12 A. That's correct.

13 Q. Okay. On the first floor plans, there's some handwritten notations. Are these yours?

15 A. Yes, they are.

16 Q. Okay. The first one says, "5/8-inch rock walls per Town ordinance." Can you explain to the Court what that means?

19 A. Under our 11-16 ordinance, we require 5/8-inch Sheetrock on all walls and garages which keeps fire hazard to a lower rate.

22 Q. And that's a more specific requirement than the International Residential -- 24 A. Yeah, it's stricter.

25 Q. It's a Town amendment, isn't it?

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 A. Yes, it is.

2 Q. And it's a safety hazard if it's not done correctly, correct?

4 A. Correct.

5 Q. Okay. Here we have portal framed header under Section 602.10. Would you tell the Court what that is?

7 A. The weakest point in the house is your garage door openings, and so what we do is we want to help the builder build it to the specifications of section 602.10. Portal framing goes all the way across the top, instead of just stopping at the openings for the headers.

13 Q. And that's a safety issue, isn't it?

14 A. Yes, it is.

15 Q. And it actually goes to the structural integrity, doesn't it?

17 A. Yes, it does.

18 Q. And here you have a comment, "No studor vents per Town ordinance." Could you explain to the Court what that means?

21 THE COURT: First of all, I'm going to back you up. I'm not sure what we're looking at. Is this a blow-up of one of the exhibits that's been admitted?

25 MS. DeCURTIS: That's correct, Your Honor.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 MR. ANDERSON: Exhibit 8.

2 THE COURT: It's never been referenced so that the record is clear, nor so that I'm clear as to what we're looking at. In other words, the last five, 10 minutes of testimony is completely out of context with respect to what you're asking these questions in reference to.

8 MS. DeCURTIS: These go straight to Exhibit list No. 8, Your Honor, and these are all on that particular exhibit. This building plan is page 3 of Exhibit 8.

12 THE COURT: Okay.

13 MS. DeCURTIS: I'm sorry.

14 THE COURT: Thank you.

15 Q. (BY MS. DeCURTIS) And we were just talking about studor vents. Could you tell the Court what that is?

18 A. Actually, that's a layman's term. The codes call it an air admittance device. And those have a mechanical piece, instead of venting out of the house through the roof, it vents into the kitchen area and eventually when you have a moving part, it will fail.

23 So we don't want to have those installed so no sewer gas can go into the living area of the house.

25 Q. So you actually require them to be vented Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 outside -- 2 A. Yes.

3 Q. -- is that right? Okay. And that's a local amendment, correct, to the -- 5 A. That's under 11-16 amendments.

6 Q. Okay. And Lakewood Village actually performed an inspection on Mr. Bizios' property pursuant to the extended temporary restraining order, didn't it?

9 A. Yes.

10 Q. When did that occur?

11 A. Earlier today.

12 Q. And do you know what inspection that was?

13 A. That was plumbing rough and water service inspection.

15 Q. And did they pass?

16 A. No, they did not.

17 Q. Why did they not pass?

18 A. There was no form board survey on site, there were two studor vent air admittance vents installed, and no copper was installed into the forms. That's another part of the amendments where we require 20-foot of copper so we can have a copper riser coming into the house, and it was all PVC.

24 Q. So at this time based on the plumbing rough in, they are actually constructing studor vents at this Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 time?

2 A. That's correct.

3 Q. And that's not in compliance with the Town ordinance?

5 A. No, ma'am.

6 Q. And you believe that that poses a safety issue?

7 A. Yes, ma'am.

8 Q. Okay. Here you have a comment that says 'tempered glass' with an arrow. Can you explain to the Court what that is?

11 A. Tempered glass is installed in hazardous locations to keep, mostly small kids -- if they're playing around and fall into the glass. It breaks up into really, really small pieces, and they don't get cut badly.

16 THE COURT: Lots of little cuts instead of big ones.

18 THE WITNESS: Yeah. Lots of little bitty ones instead of a big gash. That's exactly what it is?

20 THE COURT: Reasonable minds can differ as to which is worse, but I understand what you're saying.

22 Q. (BY MS. DeCURTIS) Is that a requirement from the IRC?

24 A. Yes, it is.

25 Q. And do you know what section that would be?

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 A. I believe that's Section 308.

2 Q. Okay. And let's see, here you have a comment, that says -- and, actually, there's two of them in here, "Strap top plates were not overlapped 24-inches." Could you tell the Court what that means?

6 A. What that is is on your top plates on any single-family dwelling, such as this, they require a 24-inch overlap. And when you get in to cut corners where it goes into angles, they're not able to do that.

10 So what they do is they strap the plates together to give it structural integrity so they can't pull apart.

12 Q. And that's a requirement of the IRC?

13 A. Yes, it is.

14 Q. And over here there are also some additional notes. Were those also written by the architect?

16 A. Yes.

17 Q. And you circled these. Is this your circle?

18 A. Yes.

19 Q. And why did you circle those?

20 A. Just to note what they're installing, two-by-four walls, ICF walls, they have all kinds of different things, and I felt it worthy of circling it so when we go out into the field to inspect, we're making sure and knowing what we're looking at.

25 Q. Now, one of the items that you circled, it Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 says, "Minimum finished floor elevation will be at least two feet above minimum FEMA 100-year floodplain elevation or as noted on site," correct?

4 A. That's correct.

5 Q. So we've already established that the FEMA 100-year floodplain was 537 MSL, didn't we?

7 A. Correct.

8 Q. So two feet above that would be 539, correct?

9 A. That's correct.

10 Q. And that would not equal 540 as required by the Town of Lakewood Village, correct?

12 A. That's correct, yes.

13 Q. Okay. And this particular plan document actually shows the square footage of this house, and it looks like it's almost 10,000 square feet, correct?

16 A. That's correct.

17 Q. And about 7,000 square feet of liveable space, correct?

19 A. Yes, ma'am.

20 Q. Okay. Here we have a small comment regarding exhaust to outside required, and you have an arrow pointing to the laundry, do you not?

23 A. Yes, I do.

24 Q. And is that a requirement of the IRC?

25 A. When looking at the plans and doing the plan Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 review, a laundry room without a window requires a fan to take out any of the moisture. So I noted it to make sure the builder was aware of it.

4 Q. And what happens if you don't do that?

5 A. You get black mold.

6 Q. And again, this is the first floor, so it has to be built at 540, correct?

8 A. Correct.

9 Q. I'm going to show you, again, the first floor plan and looks like it's the opposite side of the house.

11 You have another notation here regarding the 5/8-inch Sheetrock. That's the same issue regarding the garage, correct?

14 A. Correct, correct.

15 Q. There's also a notation up at the top that says, "GFCI required"?

17 A. Yes. There's specific areas of any house that requires GFCI protection. That's beyond exteriors, in the garages, bathrooms, and in the kitchen area. So I was notating it, making sure that they were aware, and also per the inspections, to make sure we check that.

22 Q. Okay. And up here under the note, the architect actually put, "Comply with all state, county, and local building codes, ordinances and regulations pertaining to construction," didn't they?

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 A. That's correct.

2 Q. Okay. We're going to look at the front elevation of these building plans. Now, it looks like here you've written a notation, correct?

5 A. That's correct.

6 Q. And that says, "10 feet/two feet will require." Can you explain what that means?

8 A. Chapter 10, on the chimneys, they want to make sure that the chimney is built high enough, that you would get correct draw. And also the codes require the chimney where it terminates must be two foot above measured horizontally back to the roof line at 10 feet.

13 In other words, they don't want it too short. So I was just noting to make sure and check that.

15 Q. What is the purpose of that rule?

16 A. If you're burning wood you have to get it high enough so you're not popping sparks on top of the structure and to draw the combustion out of the chimney.

19 Q. And so that poses a safety or danger of personal injury?

21 A. It could.

22 Q. Okay. And that's an IRC requirement, isn't it?

23 A. Yes.

24 Q. Here you have annotation, "Four-foot brick inspection required." Is that something the IRC Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 requires, or is that something the Town requires?

2 A. The Town requires four-foot brick inspections.

3 Q. So that's a specific local amendment, correct?

4 A. Correct.

5 Q. And what is the purpose of that?

6 A. It's to make sure they clean out the bottom of -- behind the brick or behind the stone in order to let the water out of the bottom of the -- your exterior of your facade.

10 Q. And does it check anything else regarding the brick while you're there?

12 A. While we're checking the brick ties, they're required to be installed at 2.67 square feet, about that far apart.

15 Q. And if it isn't constructed like that, what could happen?

17 A. The wall could fall off and kill somebody.

18 Q. And the county doesn't regulate these types of issues we discussed, does it?

20 A. Not those kind of inspections.

21 Q. Okay. I'm going to show you the electrical plans, or what have been notated as electrical plans.

23 You have some comments written on these. And this comment appears to say, "CWG required Ufer or secondary grade required." Could you explain to the Court what Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 that means?

2 A. Yes. On the NEC codes, they require two ways of grounding a house, and it's to keep people from being electrocuted.

5 Q. When you say two ways, is CWG -- 6 A. CWG is called a cold water ground. And in the field, most electricians will run from the panel box to a copper line to make sure if there's a short or anything, it goes down into the ground. And a Ufer ground is, basically, a piece of rebar that's run into the foundation, 20-foot long, and they'll put the No. 4 AWG wiring, that's bear wire, which will go to the panel box. Again, it's for protection of the occupants in the home.

15 Q. So it's almost like a redundancy, isn't it?

16 A. Yes.

17 Q. And what is the purpose of that redundancy?

18 A. To keep people from getting hurt or being electrocuted.

20 Q. And the Town of Lakewood Village has adopted the National Electric Code, hasn't it?

22 A. The 2005 Series, yes.

23 Q. And they extended it to their ETJ, correct?

24 A. Yes, they have.

25 Q. Okay. And without looking -- without the Town Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 looking for this particular grounding or making sure that it's there, there's no other oversight regarding electrical, is there?

4 A. No. 5 Q. The county doesn't do that, right?

6 A. Not that I know of.

7 Q. Okay. Here you have notated, "Arc fault required in all bedrooms"?

9 A. Yes.

10 Q. And that's per NEC, which is the National Electric Code, correct?

12 A. It's actually the IRC and the NEC, both codes.

13 Q. And could you tell the Court what that is.

14 A. What it is, the third major reason for fires in America start in the bedrooms, and they're started from arc faults. That's basically from people making the bed and jamming it into the wall, and it loosens up the outlet. And after time, it starts arcing and that causes fires. So they put them in all the bedrooms.

20 Q. And so this is an added protection -- 21 A. That's correct.

22 Q. -- from electrocution, basically, and fire?

23 A. Mostly from fire.

24 Q. Okay. I'm going to show you the second electrical plan. And here you have written down at the Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 bottom, "No. 12 AWG wiring required per Town ordinance," correct?

3 A. That's correct.

4 Q. Now, this isn't an IRC requirement, right?

5 A. That's a Town ordinance.

6 Q. Do you know what the IRC requires?

7 A. In most places they use 14-gauge wiring, and that is allowed per the -- it's allowed per the IRC, but by our local amendment, we just have everybody put in straight No. 12 AWG wiring.

11 Q. Why is there a difference?

12 A. You can actually put more outlets on a branch circuit. It's a heavier wire gauge.

14 Q. So it's a stricter requirement than is -- 15 A. It is stricter.

16 Q. -- required by the electrical code, right?

17 A. Yes.

18 Q. And here -- let's go to the next one.

19 I'm going to show you the foundation.

20 Here you have notated, "Anchors are required to be installed at foundation inspection per Town ordinances." Could you explain to the Court what that is?

23 A. What we do is when we go out for a foundation inspection, we look to make sure the anchor bolts are put in place before we allow them to pour so we know Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 that they're put in correctly. We can see them easier.

2 Q. And what are the purposes of anchor bolts?

3 A. To hold your structure to your foundation.

4 Q. And this particular foundation plan is not stamped by a professional engineer, is it?

6 A. No, it's not.

7 Q. And the Town would require a professional engineer certification before they would pass on a foundation, right?

10 A. Yes.

11 Q. I just have a couple more questions, and then we'll move on.

13 THE COURT: While you're flipping, let me just take a minute to let y'all know in terms of relativity the time that you've used today. Plaintiff has used about 95 minutes on the record relative to 40 minutes by the defendant.

18 And I would note that it's almost 4:30 in the afternoon, closing in on the end of the ordinary business day. Given that this is the second of five witnesses that were sworn, I'm increasingly anxious about the realities of finishing this case today. And looking ahead at the docket for tomorrow and Thursday, with Friday being a holiday in which the courthouse is closed, having a hearing on Monday that's ordered by the Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 Court of Appeals, and then a jury trial for someone that has been in jail for a long time and will certainly take priority facing potential life in prison, there's no time in the next week that I can foresee being able to get back to this. And so I hope that you will take this information with the same level of concern that I have in letting you know where we stand.

8 MS. DeCURTIS: Well, I think we're finished with these. I think you get the point.

10 THE COURT: I'm absolutely not trying to rush anybody or cut anything off.

12 MS. DeCURTIS: We were at the end.

13 THE COURT: It's just -- it is what it is and -- 15 Q. (BY MS. DeCURTIS) So were these plans ever approved by you?

17 A. They were approved to a point to where we would set up a -- what we call a pre-con meeting, where I have the builder come in, we go over the red lines, anything else that needs to be brought in so we can check them off. And then they pick up the permit, pay for it, and we start the process of building the house.

23 Q. And was a pre-con meeting scheduled?

24 A. It was scheduled, but then it was canceled by Mr. Hoffmann.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 Q. Do you know why?

2 A. He said he had other things he had to be at.

3 Q. Did the Town ask you to inspect the property after this?

5 A. They asked me to go out and inspect the property to see if any work had been performed.

7 Q. And what date did you do that?

8 A. I went out on March 13th -- or February 13th, excuse me. 10 Q. March 13th sound familiar?

11 A. Yes.

12 Q. March 13th of this year? You went out on March 13th of this year, correct?

14 A. March 13th, yes.

15 Q. Okay. And what did you find when you went out there?

17 A. I found cement trucks on site, workers on site, pier machines were on site and not working, and the piers had been poured already. They drilled in and put piers in to hold up the foundation.

21 Q. And form boards were in place, were they not?

22 A. Yes, they were.

23 Q. And the Town requires the permit to be approved before those form boards are placed, correct?

25 A. Before any work's performed, yes.

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1 Q. When you saw the work on the property, what did you do?

3 A. I told Linda Asbell to bring a stop work order and place the stop work order on site.

5 Q. And you actually were there when she placed the stop work order?

7 A. Yes, I -- 8 Q. Or you placed the stop work order?

9 A. I put it up on the 13th.

10 Q. And do you know what happened with that stop work order?

12 A. On the 14th I got a call from Linda saying the stop work order was gone, and I gave her authority through my position to repost it.

15 Q. And to your knowledge, the Town had no notice of the plat that was filed with Denton County, did it?

17 A. No. 18 Q. The Town never received any copy of any survey for this property, did it?

20 A. No. 21 THE COURT: Counsel, I'm sorry, I'm going to interrupt you real quick. I'm going to entertain or request some argument. Why does that matter? If it is undisputed that the plat was, in fact, properly filed with the clerk's office in 1995? What's the relevance Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 of whether Lakewood Village happened to figure that out, whether by being informed of that by the defendant or through their own due diligence? I may not be following that line of questioning or that point.

5 MR. MESSER: If I may, Your Honor. It deals with an application of the vested rights statute, which basically says if a regulatory agency, of which Lakewood Village is, doesn't have fair notice of a project, such as this, at the time of filing, vested rights statute doesn't apply to it, and it can apply its current regulation when a permit is filed recently.

12 THE COURT: But is the act of filing with the county clerk's office where property records are supposed to be filed, is that not, as a matter of law, fair notice?

16 MR. MESSER: I wouldn't agree with that.

17 THE COURT: Why not?

18 MR. MESSER: Because I don't think it is.

19 I don't think this statute -- it talks about -- talks about that. If I might find it real quick, Your Honor.

21 THE COURT: Isn't that the entire purpose behind having real property records filed with the clerk's office, because there's potentially no other realistic way of giving the entire world notice of the claimed real property rights that are reflected in that Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 document filed with the clerk's office.

2 MR. MESSER: Give me one second, Your Honor. If you look at 245.002.(a-1), that's the section that we're dealing with in the vested rights statute.

5 THE COURT: This is in the Local Government Code?

7 MR. MESSER: In the Local Government Code. It's also in my temporary injunction notebook, Tab 11.

9 THE COURT: Thank you. Give me just a second. 245.002(a-1), you've got it highlighted.

11 MR. MESSER: It reads, "Rights to which a permit applicant is entitled under this chapter accrue," so that's the vesting part of it. When? "On the filing of an original application or plan for development or plat application," which this one was filed in 1995, would "give the regulatory agent," which is Lakewood Village, "fair notice of the project and the nature of the permit sought." 19 What we believe, Your Honor, is that we didn't know about this plat until this lawsuit.

21 THE COURT: Uh-huh.

22 MR. MESSER: And that's our position. We don't think simple filing of it and never presenting it to Lakewood Village is fair notice. And there's a case that deals with this that says -- it's where a plat was Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 filed with the county and not a city, and the Austin Court of Appeals -- I think it's the Shumaker case that's in the notebook, it's Tab 14 in the temporary injunction notebook. Same exact issue happened, and they said, nope, you want to have vested rights to a particular regulatory agency, you've got to file it with that agency. If you don't, it's not binding. That's not fair notice.

9 THE COURT: In other words, what you're saying is that the defendant, in order to afford itself the advantage of the filing of that plat with the county in 1995 would have had to file that plat or give actual notice to Lakewood Village before undertaking the construction in this case?

15 MR. MESSER: Yes. And that same argument was made -- this same argument was made in that case.

17 It says -- in that case the property owner argues, on Tab 14 the headnote 2, talks about that section "should be construed to mean that all jurisdictions' land development laws are locked in for a project once an application is filed with" -- and it's italicized -- "any interested regulatory agency." 23 And they go on to say in the plain language of the statute, "the City must consider the application for a City permit solely on the basis of the Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 requirements in effect at the time the application to the City" -- that's italicized -- "was filed." 3 THE COURT: Okay -- 4 MR. MESSER: So we're going to apply our rules under the vested rights statute by the rules we have in place now, and we didn't have fair notice of this since 1995. That's how we read that.

8 THE COURT: Okay. And in fairness, and I apologize for kind of derailing you in the middle of examination, but I'll back up and refresh your memory as to where you left off. But I wouldn't be interrupting if I didn't think this was significant, at least, at this time.

14 Counsel, do you have a reply that you would like to offer now while I'm still on the subject?

16 MR. ANDERSON: Sure, Judge. I just wonder if everybody in the Town just fell asleep for about 25 years since every one of those tracts that's on the road is on a platted lot, as shown in the appraisal district records -- as a matter of fact, it's shown on their own maps.

22 You know, we've got Exhibit 4 that, basically, shows every lot within the subdivision, which is the city map. For them to say they didn't know it was platted -- the only way you can sell land, Judge, Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 for a house is to plat it. For them to say we didn't know it was platted, I'm trying not to allege a nefarious motive to that response, but that just defies credibility that they didn't know that the Sunrise Bay addition, which has been there for 25 years and has individual houses on individual lots, wasn't platted.

7 Now, if they didn't do the due diligence and go look at -- as a matter of fact, their own maps all show, basically, each one of those lots that are there. If they want to say, hey, we didn't know, you know, because we didn't see the plat, okay. But for them to say, we didn't know it was platted just defies credibility. Their own maps even show that. That's been Sunrise Bay addition, addition is a subdivided tract of land for 20, you know, something years.

16 THE COURT: So correct me if I'm oversimplifying your response, but essentially your response is hogwash?

19 MR. ANDERSON: It would be stronger if you were not in court, Your Honor.

21 MR. MESSER: I would love to hear why the Austin Court of Appeals -- 23 MR. ANDERSON: They got it wrong -- 24 MR. MESSER: -- in the Shumaker case because it's -- Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 MR. ANDERSON: If we have more time, Judge, I'll be happy to do that, but I'll stick with hogwash for right now.

4 THE COURT: Okay. All right. I appreciate it, but that question's been nagging me. And then when you were on that subject in your questioning, I wanted to go ahead and interrupt and get an answer to that, at least as far as your perspectives.

9 When I interrupted, literally, the Town never received any copy of any survey for this property, did it? And the answer was no, and that's where I interrupted. Do you remember where you left off?

13 MS. DeCURTIS: Yes.

14 DIRECT EXAMINATION (CONTINUED) BY MS. DeCURTIS: 16 Q. Neither the owner or the homebuilder has received a permit from the Town Town, correct?

18 A. No. 19 Q. And the work that the homebuilder has done required a permit, didn't it?

21 A. Yes.

22 Q. Is that a Lakewood Village ordinance?

23 A. Yes.

24 Q. And do you know which ordinance that is?

25 A. It's under 11-16.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 Q. In all, if you were not inspecting this property, no other government authority would be making sure there was not a substantial danger, as we've gone through and talked about today, correct?

5 A. Correct.

6 MR. ANDERSON: Objection, Your Honor.

7 There's no foundation for that question because they've already indicated that the county requires inspections as well.

10 THE COURT: Objection's overruled. Goes to the weight, not the admissibility of the opinion.

12 Go ahead.

13 MS. DeCURTIS: No other questions, Your Honor.

15 THE COURT: When I said opinion, I meant the testimony.

17 Go ahead.

18 MR. ANDERSON: May I proceed, Judge?

19 THE COURT: Yes.

20 CROSS-EXAMINATION BY MR. ANDERSON: 22 Q. Mr. Freeman, your full-time job is in Prosper, Texas, correct?

24 A. Yes, sir.

25 Q. And so you plan inspections in Lakewood Village Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 in the evening or after hours, correct?

2 A. After hours, after 5:00 p.m.

3 Q. Because the Town wants you to be at work during the day in Prosper, correct?

5 A. That's correct.

6 Q. And so how much do you charge for inspection?

7 A. $50 per inspection.

8 Q. And so there's supposed to be how many inspections? 10 A. 14. Unless they fail, then there has to be reinspections.

12 Q. And do you invoice the homebuilder, or do you invoice the city?

14 A. I invoice the city -- 15 MR. MESSER: Objection, Your Honor -- 16 THE COURT: I'm listening.

17 MS. DeCURTIS: Objection, Your Honor.

18 This particular line of questioning is, again, going toward the fee issue that we think is irrelevant to the temporary injunction today.

21 THE COURT: Is there any other reason that you're offering it?

23 MS. DeCURTIS: Relevance -- 24 MR. ANDERSON: May I respond to it?

25 THE COURT: I was looking at you, so -- Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 MR. ANDERSON: It goes to bias.

2 Obviously, if he has the right to go ahead and inspect, he gets paid for every inspection.

4 THE COURT: He can nitpick, and multiply that 50 each time there's a new problem with the inspection.

7 Okay. I'll overrule the objection, I'll permit it.

9 Go ahead.

10 Q. (BY MR. ANDERSON) So the question was, this $50 per inspection, do you invoice the Town or do you invoice the homeowner?

13 A. I invoice the Town.

14 Q. Okay. And so for the plan review, how much was that?

16 A. That is $600.

17 Q. And so if all the inspections were clean, plus the plan review, $600 plus $600, your total fee would be $1,200 for a house like this?

20 A. Approximately, that way.

21 Q. Now, with regard to -- I'm going to kind of narrow this down, but of the items that you discussed regarding Exhibit 8, which we have a blown-up version here. For example, you said it's important that the finished floor elevation be at 540, correct?

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 A. It's per the Town ordinances.

2 Q. Right. And do you understand that that's what we've agreed to, we have a temporary restraining order that, basically, agrees that we'll put it at 540?

5 A. Yes.

6 Q. Okay. So that's not an issue, right? As long as we both agree it's 540, there's no issue with regards to the finished floor elevation?

9 A. There would be no issue as long as it would be surveyed by a licensed surveyor.

11 Q. Sure. I understand -- 12 A. -- shown on the form board survey, sure.

13 MR. ANDERSON: I'm sorry, Judge. I did not mean to cut him off.

15 THE COURT: You know, if y'all are already correcting yourselves, that makes me very happy. That means I've done my job well today, and I'll just sit back and watch. I appreciate that. Self-governance is best for all of us.

20 Q. (BY MR. ANDERSON) And so I think the second item you've brought up as an issue was the retaining wall that's already been built. You've gone out and looked at the retaining wall, correct?

24 A. I saw it from the Spinnaker Road.

25 Q. I thought you went out and put a stop work Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 order on the retaining wall?

2 A. That's right off the road.

3 Q. Okay. And did you see anything that would indicate the retaining wall was not built correctly or presented a safety issue?

6 A. I wasn't able to see it. It was too far away.

7 Q. Okay. But your concern was it needs to be engineered because it's above a certain height?

9 A. That's what the codes call for.

10 Q. And so if it was engineered, that would address your concern, that specific concern, correct?

12 A. Once I had it in hand and was able to review it, yes.

14 Q. I think you said your issue was whether or not it was an engineered design. If it was engineered, it was engineered correctly, that would address your concern, correct?

18 A. That would address it, yes.

19 Q. And I'm not going to go through each one of these notes that you put on here, but it seemed to me a lot of them were sort of advisory comments. You know, for example, on the Sheetrock, you said, must be 5/8-inch thick Sheetrock, correct?

24 A. Correct. We call that red lines, and a lot of it is heads up.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 Q. Sure.

2 A. I use a lot of codes to reference the reason why.

4 Q. And I appreciate that. I guess what I want to point out is, a lot of that discussion that you had with the City's counsel wasn't saying that these site plans violated anything, you're just saying, I'm giving you the heads up that our code requires 5/8-inch Sheetrock, as an example?

10 A. That's what I do on all my plan reviews.

11 Q. And so I would like for you to take that concept, okay, those things that are kind of comments and are advisory and those sorts of things and put that aside. Out of the remaining items that you remarked on, how many of those were you, basically, saying this violates the codes?

17 A. Non-engineered foundation would be the biggest one.

19 Q. Okay. Anything else?

20 A. Not to my knowledge.

21 Q. Well, there is one. I'm trying not to mislead you because I'm trying to understand it. But you said, for example, the studor -- is it studor vent?

24 A. Yeah. That's a layman's term. It's an air admittance valve.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 Q. Okay. And you said that you went out to the site, and you said that it didn't pass because it has studor vents in accordance with -- I guess were constructed in accordance with the drawings?

5 A. I was not on site. I was told by the inspector on site.

7 Q. Okay. Who was the inspector?

8 A. Brian Ausenbaugh.

9 Q. So you don't have any first-hand knowledge, then. So when -- I thought the question was, was there violations? You didn't say, I heard from somebody else that there was a violation?

13 A. I was sent pictures.

14 Q. I'm sorry?

15 A. I was sent pictures by an iPhone.

16 Q. You were sent pictures by somebody else?

17 A. By the inspector, yes.

18 Q. Okay. So you weren't out there on site for that?

20 A. Not physically.

21 Q. Was that -- okay. And that's because you were working at your regular job?

23 A. It was because I was here all day.

24 Q. That's true. But I think you said that the violation was the fact that there was going to be a Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 studor vent as indicated on the site plan; is that right?

3 A. Correct, correct.

4 Q. And you would agree -- okay. Let's kind of go back. I'm looking for substantive violations that you might have put on here that were different than advisory comments. Do you understand the distinction?

8 A. Correct. And because it was noted not to -- we don't allow that to be installed that way, there are different kinds of venting on -- many different ways of venting, and one of the ways we put into ordinance amendments was to keep those from being installed.

13 Q. Right. And so I -- I don't necessarily agree with why, but I agree with the process. And so that would be -- and I know that you put on Exhibit 8 that was a substantive issue with regards to compliance with the code?

18 A. That's correct.

19 Q. And remember, we had those other things that were advisory?

21 A. That's correct.

22 Q. And so other than the studor vent, was there any other one of those markups that you testified to or that were located in Exhibit 8 that where, basically, you're saying, this violates our code?

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 A. Well, I wasn't able to have a pre-con meeting in where we go over all of the requirements for inspections with Step 1, 2, 3, 4 -- 4 MR. ANDERSON: Your Honor, I object as nonresponsive. I wasn't asking about pre-con meetings.

6 THE COURT: Sustained.

7 Q. (BY MR. ANDERSON) Did you understand what my question was?

9 A. Is there any other issues?

10 Q. On the drawing -- where you put the bubbles on Exhibit 8 and you wrote in and you testified to at length with the City's counsel -- let me go back.

13 We have these advisory comments, 5/8-inch Sheetrock, and then we have issues as to whether or not the drawings as submitted comply with the codes or not, and you had a concern about the foundation not having an engineering seal. But that's not a substantive violation, it's procedural, I guess.

19 But the only one that I've heard so far, and I want to make sure I'm correct, is the fact that you said that our local amendments to the International Residential Code prevents studor vents?

23 Is there anything else that you've testified to with regards to Exhibit 8 that was a violation -- that you thought was a violation of the Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 code?

2 A. No. No other violations.

3 Q. Okay. And so most of the -- virtually, all of your comments were really just advisory, when you go out on the field, look out for this, anchor bolts, things like that; is that fair?

7 A. It helps the builder know what is going to be inspected, and it helps the inspector know to check it when they go out and do a field inspection.

10 Q. Sure. Now, on the studor vents, studor vents are allowed under the International Residential Code, correct?

13 A. They are allowed in the 2006 IRC codes, yes.

14 Q. And the 2006 IRC code is the official building code for the state of Texas, correct?

16 A. Unless there's an amendment to the code. 17 Q. But every city has to adopt the same building code, correct?

19 A. They -- they do adopt the codes, yes.

20 Q. Okay. There's a statutory requirement that they adopt the International Residential Code, correct?

22 A. Whatever the Town decides to adopt is what they're going to do.

24 Q. Well, you understand the legislature mandates the code that the cities have to adopt?

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 A. I'm not a lawyer. I don't go into those areas.

2 I inspect.

3 Q. Fair enough.

4 THE COURT: Don't brag, sir.

5 Q. (BY MR. ANDERSON) The Judge is giving you a compliment.

7 But there are lots of cities in the state of Texas that allow studor vents; would you agree with that?

10 A. There are cities that do.

11 Q. City of Dallas is an example?

12 A. I don't know.

13 Q. Okay. And do you have any experience with ICF houses?

15 A. I've done several ICF houses in Flower Mound and in Prosper, Texas.

17 Q. And have you inspected those yourself?

18 A. Yes, I have.

19 Q. Can you tell the Judge what does ICF mean?

20 A. Integrated concrete formed walls. And what they do is they have insulation on the outside formed in -- or they pour concrete into it, and it's an excellent product.

24 Q. And you understand that's what Mr. Bizios' house is going to be constructed of?

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 A. It was noted. Yeah, I looked at it.

2 MR. ANDERSON: I'm sorry, Judge. Let me look real quick.

4 THE COURT: Go ahead.

5 MR. ANDERSON: Your Honor, we pass the witness.

7 MS. DeCURTIS: No further questions, Your Honor.

9 THE COURT: Sir, you can step down. Is this witness free to go?

11 MR. ANDERSON: Yes, Your Honor, from our standpoint.

13 MS. DeCURTIS: Yes.

14 THE COURT: Sir, you're free to leave the building. You're released from my prior instructions.

16 The quicker you get out of the building, the less time they have to change their mind.

18 THE WITNESS: I'm out of here.

19 THE COURT: What says the plaintiff?

20 MR. MESSER: We have two more housekeeping matters, Your Honor.

22 THE COURT: Okay.

23 MR. MESSER: One, I'm going to go back to Petitioner's Exhibits 2, 3 and 4, and I'm going to reoffer them.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 MR. ANDERSON: We've got the same objection, Judge. I'm not sure why we're redoing this.

3 They've been denied once.

4 THE COURT: Forgive me, but refresh my memory.

6 MR. MESSER: Okay.

7 THE COURT: What are you offering?

8 MR. MESSER: These are certified copies of documents from three properties in the Sunrise Bay subdivision in the ETJ of Lakewood Village where these three other property owners complied with the Town's building codes after the codes were extended into the ETJ.

14 And we believe -- and I would make an offer of proof, Your Honor, we believe these were relevant to proof that the Town ETJ -- the Town has jurisdiction in its building -- of the building codes in the ETJ. I think that's relevant. I think the jurisdiction of the Town of its code to the ETJ is relevant, and the fees are relevant to that issue.

21 THE COURT: Okay. I'm going to sustain and renew my prior ruling, sustain the objection. And I'll certainly make them part of the court reporter's record as an offer of proof.

25 MR. MESSER: Yes, sir.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 THE COURT: If you'll tender them to me at this time.

3 MR. MESSER: Yes, sir. Petitioner's 2, 3 and 4.

5 THE COURT: Is there anything further from the plaintiff?

7 MR. MESSER: The only thing further, Your Honor, and I would like to ask opposing counsel if we can do this, I would like the full-size building plans to be part of the record just because it's such hard -- it's harder to see them.

12 MR. ANDERSON: I agree, Judge. On the reduced version, it's almost impossible to read.

14 MR. MESSER: So I just think it will be helpful for everybody. I don't know if we want to put it as Exhibit 8A.

17 THE COURT: Let me interrupt with this suggestion. The Court of Appeals does not accept the physical exhibits that are admitted by the Court any longer. If somebody appeals this, it's all going to be submitted to them electronically. So they get whatever form and quality of exhibit they get electronically.

23 And there are now meticulous rules about the minutia involved in properly submitting those electronically.

25 That is, I'm happy to accept them, but they're going to Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 stay here with the court reporter and never be in front of the Court of Appeals anyway, so I'm not sure that it effectuates the purpose that you would be offering them for.

5 MR. MESSER: Fair.

6 THE COURT: They may be helpful to me because I had eye strain trying to make out in the 8-and-a-half-by-11 version of those exhibits the handwritten notations, but I think because they were referenced thoroughly by the testimony, the record should be reflective of what may not be visible to the naked eye, but I'm just not sure -- I'm happy to make them part of this record since they're simply blown-up duplicates, but the practical reality is, unless you can present them in electronic format to the court reporter in a way that they can be submitted and properly accepted by the Court of Appeals, what's in our physical possession doesn't really make any difference.

19 MR. MESSER: I think we can submit them in electronic form. I guess I would have to share them with opposing counsel and make sure he sees they're verbatim. Maybe that's a simpler way to deal with it.

23 THE COURT: In the event that this is appealed, and I have every reason to believe that it will be, y'all can do your best to submit by agreement Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 an electronic version of what will be more readily visible to the Court of Appeals' naked eye than what has been presented in hard copy today. And I'll certainly accept those for purposes of our record.

5 Just so we're clear, have they been marked independently? And if I'm correct, that's essentially a blown up but otherwise exact duplicate of what is contained in stipulated Exhibit 8?

9 MR. MESSER: Yes.

10 THE COURT: Okay. Then we'll just call that Big Stipulated Exhibit 8, and it will be admitted for this record.

13 MR. MESSER: All right.

14 THE COURT: Anything further for the plaintiff?

16 MR. MESSER: We have nothing else, Your Honor.

18 THE COURT: All right. Housekeeping.

19 Mr. Anderson?

20 MR. ANDERSON: Yes, sir.

21 THE COURT: Do you still anticipate calling a witness other than your client?

23 MR. ANDERSON: That may be the only witness we may call to speed this along, is Mr. Hoffmann, he's the contractor.

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1 THE COURT: How long do you anticipate you'll need to present your evidence. Again, I'm not trying to cut anybody off, but at some point I have to be realistic.

5 MR. ANDERSON: I would say 20 to 30.

6 THE COURT: And then given time for cross, we would be well beyond 5:00 o'clock. So here's what we're going to do, then. Just for record purposes at this point, again, just so the record reflects the relative use of time that I mentioned earlier, the plaintiff has used an hour and 50 minutes on the record, while defendant has used exactly half of that.

13 And so in fairness, I certainly anticipate defendant should be entitled to present evidence affirmatively. But because there is so little factual dispute and, primarily, issues of law for the Court to determine, and considering the novelty of those issues, I would like to take these binders home with me tonight.

19 And if I cause reinjury to my shoulder, I do hold both of you liable for that and will be billing you -- 21 MR. ANDERSON: Not my motion.

22 THE COURT: -- for the second surgery on my shoulder -- yeah, yours is pretty small, but plaintiff's is big. The point is, I would like to go back through all this tonight. It's always much more Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 effective to try to make decisions -- legal decisions on questions of law when you've got the context of the case in front of you rather than trying to read a bear record or a pleading.

5 And what I'm going to do, the current agreed and extended TRO is set to expire at midnight tomorrow night, or 12:01 tomorrow night. And so it will remain in effect, at least through tomorrow.

9 What I anticipate doing is sometime tomorrow telling you one of two things: If I conclude that the plaintiff has not met its burden and is not entitled to the issuance of a temporary injunction, and that the temporary restraining order should be dissolved or allowed to simply dissolve by operation of law at midnight, I will notify you of that fact and there's frankly no need, that I see, to return at all.

17 Mr. Anderson, is that correct? I don't think there's any other relief you would be asking for.

19 If you win, you win, and you don't need to say anything further.

21 MR. ANDERSON: Yes, I think that's correct, Your Honor.

23 THE COURT: On the other hand, if I conclude there's any possibility I will grant plaintiff's temporary injunction and deny defendant's Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 request for relief, I will direct you-all to arrange with my coordinator for a date to come back and do that as soon as possible. But like I said, there is no foreseeable time that that's going to occur until at least Thursday of next week, based upon currently scheduled matters.

7 MR. ANDERSON: Judge, that -- I'm sorry.

8 THE COURT: Go ahead.

9 MR. ANDERSON: I'm afraid to even say anything. That puts -- well, obviously, if you rule that they haven't met their burden and the TRO expires and the temporary injunction is denied, that obviously satisfies our issue.

14 THE COURT: Sure.

15 MR. ANDERSON: The concern I have is we've got this interim gap of time where, you know, I have a little bit of concern about you possibly saying, well, I think they might have met their burden, but I haven't put on any evidence yet. But it is that gap in time, because we're out there wanting to keep building.

21 For example, the studor vent, Mr. Hoffmann is going to get up and say every city allows this, it's part of the International Residential Code, there's no health and safety issue. But I have a concern about -- while we're under this kind of working together issue Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 but we're supposed to pass these inspections, we're not going to pass that inspection because we don't like studor vents -- 4 THE COURT: Hold on. You're kind of getting ahead of me. 6 MR. ANDERSON: I am, but I have a concern about that gap in time because you're saying tomorrow maybe -- you know, there's a possibility the temporary injunction might be granted, so if I hear Mr. Anderson's evidence, it will be 10 days from now.

11 THE COURT: No, no, no. That's not what I'm saying. Back up and don't get ahead of me and hear me out.

14 MR. ANDERSON: Okay.

15 THE COURT: The possibility number one is that plaintiff loses, temporary injunction is denied, so there's really no need for you-all to come back.

18 Possibility two is, it is not going to be that plaintiff wins and you don't get to present your case, but it is plaintiff may win, I'm still not persuaded that they lose, and you-all need a new date.

22 And the real question then becomes, what is the status quo, if any, between tomorrow and the time that you-all can come back? And that's kind of where you were going. In other words, the temporary Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 injunction, the temporary restraining order is currently set to expire at midnight tomorrow night. And what conditions, if any, should be extended until such time as we return for the completion of this hearing and the presentation of defendant's evidence is a question that I will entertain your argument about now.

7 MR. ANDERSON: I apologize, Judge, but can it be extended under the rules since it's already been extended once?

10 THE COURT: Well, the last time it was extended, it was extended by agreement. Hold on. Let me back up and look at the -- I know what you're saying, but let me refresh my memory. Was this actually originally set for hearing on April 2nd?

15 MS. DeCURTIS: Actually, the party can consent to a longer extended period of time under 680.

17 THE COURT: Right.

18 MR. ANDERSON: The TRO was issued on March 20th.

20 THE COURT: It was set originally for April 2nd -- 22 MR. ANDERSON: The temporary injunction hearing, correct.

24 THE COURT: At that time it was extended by agreement because it could not be heard on that date.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 And so the answer to your question is, no, the Court cannot extend it again absent an agreement of the parties.

4 So the reality is if that second scenario is the Court's response to you tomorrow, and I'm hopeful that I'll be able to intelligently digest this stuff tonight and feel comfortable that I've made an informed decision to give you that direction the first thing in the morning tomorrow.

10 If the second scenario is in play, the Court would only have the authority to extend the TRO if it were prepared to grant the temporary injunction, and that would violate defendant's due process otherwise, because defend hasn't had an opportunity to put on their case. Sorry, kind of thinking out loud. And the only other option would be for you-all to agree to some manner of extension.

18 Is it safe for me to assume that is not currently something you're inclined to do in the event the Court is not inclined to deny the temporary injunction altogether?

22 MR. MESSER: We -- I mean, I have to talk -- 24 MR. ANDERSON: He's more than happy to.

25 Here's my concern, Judge -- well, I'll just ask since Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 we're on the record. My concern is the studor vent, because they're out there building it, and I don't want to have to go rip it out.

4 MR. MESSER: I know. If you pour concrete and we don't have an inspection, it's even worse.

6 MR. ANDERSON: If you'll agree we can put in the studor vent, which virtually every other city in the state does, I'm fine. If you're going to say no, I don't know what I can do, Judge.

10 MR. MESSER: Okay. I have to talk to people -- I'm not able to make that decision.

12 THE COURT: I understand. I don't have any choice. This is just what I'm going to have to do.

14 Mr. Messer, what's your e-mail address?

15 MR. MESSER: [email protected].

16 THE COURT: Okay. Mr. Anderson?

17 MR. ANDERSON: [email protected].

18 THE COURT: So that's two A's to begin?

19 MR. ANDERSON: Yes, sir. And it's S-O-N.

20 And Winstead is W-I-N-S-T-E-A-D.

21 THE COURT: Okay. Check your e-mails in the morning. You-all are ordered to return tomorrow at 10:00 o'clock. That's all I can do. I have no idea right now how I'm going to pull that off. That's just cramming y'all into a space I know right now, at least, Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 you don't fit, but I have to give defendant the opportunity to put on their case, at least with some reasonable and relative acknowledgment of the amount of time that plaintiff has been allowed.

5 But listen carefully. If I conclude at some time before 8:00 o'clock tomorrow morning that plaintiff is simply not getting the temporary injunction, I will notify you by e-mail and you don't have to be here. Submit an order, in effect, granting your relief and denying the issuance of the temporary injunction and that part of it is, at least, done.

12 So I wanted to make sure you understood that so you don't waste time coming down here in the event that's my conclusion. But if I conclude otherwise, I'll see y'all at 10:00 o'clock, and we'll figure out scheduling as we go. I did have one case on the docket tomorrow that has canceled, so that's, at least, one step in the right direction.

19 But right now I've got two others that appear that they're going to need to be heard, and I'll just figure out some way to finish this hearing tomorrow, if that's what we're going to need to do, okay?

24 MR. ANDERSON: Yes, sir.

25 MR. MESSER: Exhibit Big 8 right here.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 THE COURT: If you'll tender that, y'all are free to go and check your e-mails. Or at least don't blame me if you waste your trip down here and an e-mail was sent timely.

5 (Proceedings recessed)

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 2 OF 4 VOLS.

1 STATE OF TEXAS COUNTY OF DENTON 3 I, Mellony Ariail, Official Court Reporter in and for the 431st District Court of Denton, State of Texas, do hereby certify that the above and foregoing contains a true and correct transcription of all portions of evidence and other proceedings requested in writing by counsel for the parties to be included in this volume of the Reporter's Record in the above-styled and numbered cause, all of which occurred in open court or in chambers and were reported by me. 12 I further certify that this Reporter's Record of the proceedings truly and correctly reflects the exhibits, if any, offered by the respective parties.

15 WITNESS MY OFFICIAL HAND this the 1st day of June, 2014.

17 /s/ Mellony Ariail Mellony Ariail, CRR, RMR, CBC 18 Texas CSR 3729 Official Court Reporter 19 431st District Court 1450 E. McKinney Street 20 Denton, Texas 76209 940.349.4372 21 [email protected] Expiration: 12/31/2014

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1 REPORTER'S RECORD 2 VOLUME 3 OF 4 VOLUMES FILED IN 3 2nd COURT OF APPEALS TRIAL COURT CAUSE NO. 14-01991-431 FORT WORTH, TEXAS 4 COURT OF APPEALS NO. 6/2/2014 2:41:22 PM 02-14-00143-CV DEBRA SPISAK TOWN OF LAKEWOOD VILLAGE, ) IN Clerk THE DISTRICT COURT TEXAS ) 6 ) VS. ) DENTON COUNTY, TEXAS 7 ) HARRY BIZIOS ) 431ST JUDICIAL DISTRICT

13 ********************************************** 14 MOTION FOR TEMPORARY INJUNCTION; MOTION TO DISSOLVE TRO AND DENY TEMPORARY INJUNCTION (CONTINUED) **********************************************

21 On the 16th day of April, 2014, the following proceedings came on to be held in the above-titled and numbered cause before the Honorable Jonathan Bailey, Judge Presiding, held in Denton, Denton County, Texas.

25 Proceedings reported by realtime machine shorthand.

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1 A P P E A R A N C E S MR. W. ANDREW MESSER SBOT NO. 13472230 MS. JENNIFER A. DeCURTIS SBOT NO. 24045767 MS. BRENDA N. McDONALD SBOT NO. 14993300 Messer, Rockefeller & Fort, PLLC 6351 Preston Road Suite 350 Frisco, Texas 75034 Telephone: (972) 668-6400 E-mail: [email protected]; [email protected]; and [email protected] Counsel for Plaintiff MR. ARTHUR J. ANDERSON SBOT NO. 01165957 Winstead PC 5400 Renaissance Tower 1201 Elm Street Dallas, Texas 75270 Telephone: (214) 745-5400 E-mail: [email protected] Counsel for Defendant

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1 VOLUME 3 MOTION FOR TEMPORARY INJUNCTION; MOTION TO DISSOLVE TRO 3 AND DENY TEMPORARY INJUNCTION (Continued) APRIL 16, 2014 5 PAGE VOL.

6 Caption ...........................................1 3 Appearances .......................................2 3 Proceedings .......................................5 3 DEFENDANT'S WITNESSES Alan Hoffmann DIRECT CROSS VD By Mr. Anderson 7 v3 11 By Mr. Messer 21 v3 By Mr. Anderson 22 v3 12 By Mr. Messer 36 v3 By Mr. Anderson 50 v3 Harry Bizios DIRECT CROSS VD 14 By Mr. Anderson 54 v3 Evidence Closed .................................. 59 3 Closing Statement by Mr. Messer .................. 62 3

18 ALPHABETICAL INDEX OF WITNESSES 19 DIRECT CROSS VD Bizios, Harry 54 v3 Hoffmann, Alan 7 v3 36 v3 21 v3 v3 22 50 v3

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 EXHIBITS OFFERED BY DEFENDANT EXHIBIT DESCRIPTION OFFERED ADMITTED 1 Resume of Alan Hoffmann 7 v3 8 v3 2 Rendering 20 v3 22 v3 3 Aerial Picture of 26 v3 26 v3 Bizios Lot

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 P R O C E E D I N G S 2 THE COURT: Cause No. 14-01991-431 styled Town of Lakewood Village versus Harry Bizios. This is a continuation of the hearing on the request for temporary injunction and to dissolve the temporary restraining order that the Court began yesterday, April 15, 2014.

7 I've explained briefly off the record to counsel that the Court was able to manipulate its docket this morning in a manner that allows them the remainder of the Court's time this morning.

11 It is now 10:17 a.m., but I do have other matters scheduled this afternoon and tomorrow that will prevent us from spilling over. So we're just going to have to finish this hearing at or about noon today.

15 Based upon the usage of time yesterday; that is, plaintiff having used almost exactly two times the amount of time that defendant used, in the remaining, roughly, hour and a half of time on the record that we have today, I'm going to allocate 60 minutes for the defendant and 30 minutes for the plaintiff, and that will be inclusive of any direct or cross-examination and argument offered.

23 I will keep track of that time and let you know as it's winding down. Where we left off, plaintiff had just rested their case, and so it's defendant's Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 turn.

2 In reviewing the various materials, briefs, pleadings, and cases cited yesterday provided to the Court well into the evening last night, the Court concluded and communicated by email to the attorneys that it was not prepared to simply deny the plaintiff's requested relief without further hearing and argument, and I'm more compelled at this time to think that a portion, at least, of the remaining time that each of you have would be well spent in argument. So I would urge you to account for that in the way you use your time between now and the noon hour. With that, Mr. Anderson -- 14 MR. ANDERSON: Just, can I ask for clarification?

16 THE COURT: Certainly.

17 MR. ANDERSON: Does the one hour include closing arguments?

19 THE COURT: Yes. That's your time. You use it however you see fit.

21 MR. ANDERSON: Okay. I guess I should have thought that through.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 ALAN HOFFMANN, having been first duly sworn, testified as follows: 3 DIRECT EXAMINATION BY MR. ANDERSON: 5 Q. Can you please state your name for the record?

6 A. Alan Hoffmann.

7 THE COURT: Let me just remind you, you were sworn yesterday, and you're still under oath at this time.

10 THE WITNESS: Yes, thank you.

11 THE COURT: Please continue, Mr. Anderson.

12 Q. (BY MR. ANDERSON) What's your occupation?

13 A. Homebuilder and developer.

14 Q. What's the name of your business?

15 A. I do business as Alan Hoffman Company, and it's Alan Hoffmann, LLC.

17 Q. And how long have you been a homebuilder?

18 A. Going on 20 years.

19 MR. ANDERSON: Your Honor, we would offer Defendant's Exhibit 1 which is Mr. Hoffmann's resumé.

21 I've given a copy to Mr. Messer?

22 THE COURT: Mr. Messer, any objections?

23 MR. MESSER: I have no objections.

24 THE COURT: Defendant's Exhibit 1 is admitted.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 Q. (BY MR. ANDERSON) Mr. Hoffmann, do you have any particular specialty with respect to the types of homes that you build?

4 A. Yes. I build exclusively ICF homes, which are -- is an insulated concrete form home.

6 Q. And how many builders out there build these ICF homes?

8 A. There are several around the country, but I predominantly -- in the area, I'm the only one doing it exclusively that I know of, but there's several around the country that do it exclusively.

12 Q. Can you tell the Court, what does it mean when you say it's an ICF home?

14 A. It's a forming system for concrete. And they're large, polystyrene blocks that look like giant LEGO® blocks and they fit together and then create a hollow wall cavity which you pour concrete in the middle and rebar steel.

19 Q. And what's the advantage to an ICF home?

20 A. Well, they're really structurally superior, they handle very high winds, they're -- and the other benefit is they're extremely energy efficient.

23 Q. Are you the contractor/homebuilder for Mr. Bizios' home?

25 A. Yes.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 Q. And approximately how much do you think the construction cost will be for this house?

3 A. Well, right -- we -- we've had a target budget, but it's grown a little bit more. But we're going to be, I believe right now, about 1.2, roughly.

6 Q. Is that 1.2 million?

7 A. Yes.

8 Q. And how many houses have you built?

9 A. ICFs now, completely, about 40. And then I've done -- been involved in, roughly, between 80 and 90 projects.

12 Q. In front of you there's a book that looks like this.

14 A. Okay.

15 Q. And if you could pull or look at Exhibit 34.

16 You'll have to kind of move some of this around.

17 A. Oh, I see. Okay. I'm on the first page of that.

19 Q. I -- it -- I'm sorry.

20 A. I thought I was. Okay. Here we go.

21 Q. And this is entitled, the "Declaration of Covenants, Conditions, and Restrictions, Sunrise Bay at Lake Lewisville, Section 1," correct?

24 A. Correct.

25 Q. And in the first paragraph it states that Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 Sunrise Bay is an addition that's been platted according to the plat recorded in a certain cabinet and slide approved in 1995; is that correct?

4 A. Correct.

5 Q. And as part of the declaration -- this declaration covers Mr. Bizios' property?

7 A. Yes.

8 Q. And does it include the establishment of an architectural control committee?

10 A. Yes.

11 Q. And can you tell the Court, what does that mean, from your experience?

13 A. Well, whenever -- 14 MR. MESSER: Your Honor, I'm going to object. I'm not sure -- based on relevance, I don't see how CCRs by an HOA is relevant to building standards by the Town.

18 THE COURT: That kind of goes to the heart of both of your arguments, but respond beyond quickly because I'm already wondering about that as part of my review last night anyway.

22 MR. ANDERSON: Sure. Two things. It's going to be a notice issue, because they're saying they didn't have notice. Number two is the fact that we have been following the rules. Their argument is we don't Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 follow the rules, so I'm kind of going and saying, here's what we did to follow the rules.

3 THE COURT: They're also saying that if it's more than two years old, which this obviously was, that it's not applicable, that there's an exemption, right?

7 MR. ANDERSON: If I have to include this in my legal argument -- 9 THE COURT: That's what I'm inviting.

10 MR. ANDERSON: Yes. This is in 245.004 in the Hartsell case, Your Honor. We addressed that identical issue before the Dallas Court of Appeals.

13 That refers to a permit for construction of a house, not for a plat. And here's where it gets confusing. We've got two different concepts; we have a project, and a permit. So A permit, for example, if you look on 245 -- I'm sorry, Judge. Do you have a code in front of you?

18 THE COURT: No. But I can put my hands on it pretty quickly.

20 MR. ANDERSON: I think it's in our tab in our exhibit book.

22 THE COURT: Tab 11, I've got it.

23 MR. ANDERSON: 245.001 talks about permits in a series of permits, and a plat is considered to be a permit, okay? A building permit is considered to be a Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 permit. A project is, basically, everything that goes on during the construction process.

3 THE COURT: It's more specific and follows the permit?

5 MR. ANDERSON: Right. For example, if you look at 245.002(b), it says, "if a series of permits is required for a project, the ordinances... or other properly adopted requirements in effect at the time the original application for the first permit in that series... shall be the sole basis for consideration of all subsequent permits." 12 So, for example, Your Honor, in the Hartsell case, that's where Talty is a general law town, they approve a plat in their ETJ -- that's the only distinction here. They approve a plat in their ETJ.

16 After the plat's approved, they extend their building code to the ETJ. The Dallas Court of Appeals says, you know, this is a series of projects. What the city tried to argue in that case is they were two different projects; the subdivision process and building process.

21 And the Court of Appeals says, that doesn't make any sense. The whole purpose of Chapter 245 is to protect developers and builders. Basically, it was enacted in response to the city changing the rules in the game after a project had started. That's Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 the whole purpose. If you look at the legislative intent, that's what it says in the original code that created it.

4 THE COURT: I'm sure we'll get deeper into this in argument later, but for purposes of the objection, the objection's overruled. You can reask the question, or you can answer it, if you remember it, at this point.

9 THE WITNESS: Sure. I think I forgot it.

10 MR. ANDERSON: Sure.

11 Q. (BY MR. ANDERSON) So these in Exhibit 34 are called CCRs, correct?

13 A. Yes.

14 Q. And is an architectural control committee part of the CCRs?

16 A. Yes. It's -- the architectural control committees are built in several subdivisions that have them. And the primary intent is usually to preserve the quality of the structures being built.

20 Q. And is there a requirement that you obtain consent of the architectural control committee before you start construction, according to this document?

23 A. Yes.

24 Q. And who are the members of the architectural control committee?

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 A. They're residents of the community, and on this board, it's Marshall Boerio and John Greenslade.

3 Q. They're people that own lots and houses and are residents in the community; is that correct?

5 A. Correct, yeah.

6 Q. And did you obtain the necessary approvals?

7 A. Yes.

8 Q. Okay. And after that, were you directed to obtain any governmental approvals?

10 A. I knew that I had to obtain county development permit, and I knew I had to obtain review per septic, but they had told me about the fact that the Town of Lakewood Village was asserting a permitting process.

14 Q. Who serves this area with water?

15 A. Little Elm.

16 Q. And is there any sewer provided?

17 A. No. You have to do septic.

18 Q. So they all have septic, correct?

19 A. Yes.

20 Q. And it would cost millions of dollars to extend sewer; is that fair?

22 A. Yes.

23 Q. And so after the architectural control committee approved your plans, you submitted a development permit with the county; is that correct?

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 A. Yes.

2 Q. And if you could look at Exhibit 35.

3 A. Okay.

4 Q. The first page is the certificate, the second one is the application; do you see that?

6 A. Yes.

7 Q. And was that approved by the county?

8 A. Yes.

9 Q. And in the lower left-hand corner, you can't -- it looks like it's smudged out, but what was supposed to be -- 12 A. Well, on the copy I have, it has, I think, plumbing -- or -- one was a final inspection, and one was plumbing, like a Sheetrock, and the other one, I think, was foundation.

16 Q. Okay. And if you could look at Exhibit 36, what is that document?

18 A. It's an elevation certificate.

19 Q. And what does that mean?

20 A. When you're building near a lake -- and I've built near several lakes -- you have to have your foundation above a certain level because the -- you can't build toward the lake past this -- at this lake 537, 537 feet above sea level. And so you have to have your foundation above a minimum for -- I think FEMA is Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 two feet. On this house, we're going to be at 540 and a half.

3 Q. And so -- I think that part of the TRO is you agreed to, at least, have a 540 elevation because the Town requested it and you agreed to that?

6 A. Yeah.

7 Q. Okay. So the elevation certificate indicates -- well, did the Corps approve the retaining wall that was built on this property upon its easement?

10 A. Yes.

11 Q. And was that wall engineered, to the best of your knowledge?

13 A. Oh, definitely.

14 Q. If you could look at Exhibit 37.

15 A. Yes.

16 Q. What is that document?

17 A. This is a forms survey. It shows where the forms lie for the foundation in regard to the 537 line.

19 Q. And so this is a document that the city has, correct?

21 A. Well, I -- I -- yes. I submitted it to the county.

23 Q. Okay. So, for example -- you weren't here to listen to it, but there was testimony yesterday that the city's building inspector stated that the construction Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 that's been done out there pursuant to the TRO -- 2 A. Uh-huh.

3 Q. -- was rejected, there was a substantive reason we'll get to in a minute, but there was a procedural reason that this forms survey was not located on site?

6 A. What do you mean located on site?

7 Q. That's what he said. I guess my point is, the document that shows the forms survey is the one that's in Exhibit 37, correct?

10 A. Yeah. I had the surveyor go out there. This is their drawing.

12 Q. And are you currently having inspections done?

13 A. Yes.

14 Q. And how many have been completed?

15 A. One, two, three.

16 Q. And can you tell the Court, what are they?

17 A. Well, the piers are being drilled -- I have my engineer who has a represent -- field representative that goes out and inspects and compares to the design that they've drawn, and they inspect the process. And they'll inspect the pier holes and make sure the steel is placed, and they were -- because there were so many piers here, they were there two days. So I had two pier inspections.

25 Q. And who inspected the piers?

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 A. Strand Systems Engineering.

2 Q. Can you tell the Court a little bit about the reputation and quality of Strand Systems?

4 A. Strand has been doing work for me over 15 years, and they are licensed in 50 states. They do vast amounts of residential foundation engineering.

7 Q. Any other inspections that you've done?

8 A. I've done a plumbing inspection.

9 Q. Okay. Any others?

10 A. Not at this time.

11 Q. All right. I think the testimony has been that there was initially a submittal to Lakewood Village -- 13 A. Yes.

14 Q. Let me kind of finish the question.

15 A. Sorry.

16 Q. I probably should have stopped. That -- an initial building permit plan, which was in Exhibit A, was submitted to the city; is that correct?

19 A. That's correct.

20 Q. And why was that submitted to the city?

21 A. At the advice of the architectural control review committee -- architectural control committee.

23 Q. And had you or Mr. Bizios received any legal advice at that point in time as to whether or not Lakewood Village had the authority to require a building Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 permit be submitted to them?

2 A. No. 3 Q. Why did you decide not to pursue the building permit application with Lakewood Village?

5 A. Due to the fact of the process -- I can get a permit in Dallas in a day. I present all my submittals to engineering and get it turned around very quickly.

8 This process was just lingering, and I began concern when they were also requiring me to have all my subcontractors register in advance of the approval of the permit, which is not customary around the municipalities. And so I began to kind of question the whole process with the Town and began to ask questions of people.

15 Q. And how much does it cost for the subcontractors to register with the Town?

17 A. It's a hundred dollars a year.

18 Q. And how many subcontractors are you going to have on this job?

20 A. I'll have at least a dozen.

21 Q. That's, basically, a $1,200 compensation to the Town, correct?

23 A. Yeah.

24 Q. And so the requirement to register before the project starts, you're saying that's abnormal and is not Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 typical?

2 A. Well, to withhold a permit is highly uncustomary.

4 MR. ANDERSON: We move to admit Defendant's Exhibit 2.

6 THE COURT: Any objection?

7 MR. MESSER: The only comment, Your Honor, on Exhibit 2 is that that rendering isn't -- there are variations between that rendering and the building plan submitted to the Town. If we can just point out the differences, I'm fine with it being admitted.

12 THE COURT: Well, I'm not hearing a legal objection.

14 MR. MESSER: It's not a true and accurate representation of the building according to the building plan.

17 THE COURT: Sustained.

18 Q. (BY MR. ANDERSON) Okay. Is this a true and accurate representation of what you're going to build on the property?

21 A. Yes.

22 MR. ANDERSON: Move to admit, Judge.

23 THE COURT: Okay. Any objection?

24 MR. MESSER: May I take him on voir dire a second?

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 THE COURT: Go ahead.

2 MR. ANDERSON: I'll be happy to ask him the differences.

4 MR. MESSER: Yeah. That's all I'm trying to do.

6 MR. ANDERSON: Is it admitted?

7 THE COURT: I've admitted it -- actually, I'm sorry. I gave leave to question the witness, if you would like to.

10 MR. MESSER: Sure. Let me do it real quickly.

12 THE COURT: It sounds to me like stuff that would be properly subject to cross-examination.

14 MR. MESSER: It might be. Before it's admitted -- 16 THE COURT: In other words, the voir dire is only going to be as to the admissibility, not as to the weight that it should be given.

19 MR. MESSER: Right, I understand.

20 VOIR DIRE EXAMINATION BY MR. MESSER: 22 Q. Would you point out the differences between this rendering and the building plans?

24 A. Well, we've added a fence around the motor court area.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 Q. How about the windows? It looks like the windows are different.

3 A. We've changed -- we've changed some -- well, right here we had some changes to the front to the left, the upper windows, but they were shorter in that version.

7 Q. Right. I think those are the only differences that I'm aware of. Do you see any others?

9 A. Not really.

10 MR. MESSER: Okay. Then I have no objection, Your Honor, with those noted differences.

12 THE COURT: Okay. Then it's admitted.

13 DIRECT EXAMINATION (CONTINUED) BY MR. ANDERSON: 15 Q. Just a follow-up, Mr. Hoffman. Are there any substantive changes with regards, other than the facade treatment and the fence, any substantive changes with regards to the construction?

19 A. Not really.

20 Q. Okay. Yesterday during Mr. Freeman's testimony, he said that he has to inspect, basically, during the evenings because he has a regular job in Prosper. Does that pose any issues to you?

24 A. Yes.

25 Q. What are those?

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 A. Well, they want me present at the inspections.

2 It's highly uncustomary to require inspections outside of normal business hours. I've never encountered that in 20 years.

5 THE COURT: I'm sorry. I was listening.

6 I've learned to multitask.

7 MR. ANDERSON: I figured.

8 Q. (BY MR. ANDERSON) Does the amount of the fee bother you; is that one of the reasons for not submitting?

11 MR. MESSER: Objection, Your Honor, to relevance.

13 THE COURT: Sustained.

14 MR. ANDERSON: May I make argument, Judge?

15 THE COURT: Sure.

16 MR. ANDERSON: You told me not to unless I ask, so...

18 It's relevant, Judge, again for the reason that they say we're just skirting our obligations and not -- kind of willy-nilly not agreeing to comply with their requirements, but there are reasons for that that, I think, are appropriate to be put forth in the record.

23 THE COURT: Well, except that those reasons relate to your position that they don't have the authority to be posing any requirements, not just that Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 there's a cost that your client either doesn't want or cannot afford to pay. In other words, I fail to see the relevance.

4 MR. ANDERSON: Okay.

5 Q. (BY MR. ANDERSON) Do the construction drawings for the house meet the requirements of the International Residential Building Code?

8 MR. MESSER: I object, Your Honor, because it's vague. It doesn't identify which version of the building code, which is important.

11 THE COURT: Sustained.

12 Q. (BY MR. ANDERSON) Does it meet the requirements of a building code?

14 A. Yes.

15 Q. And which one?

16 A. I have designed it based on IRC 2009.

17 Q. And is the 2009 code more stringent than the 2006 code?

19 A. Yes.

20 Q. And so you decided to make it even a higher level of construction and safety by complying with the 2009 code?

23 A. Yes.

24 Q. Now, the subs that you hire, are they basically quality subcontractors who are well-versed in their Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 particular codes, whether it's the plumbing code, electrical code, et cetera?

3 A. Yes.

4 Q. And do you make sure that they meet the requirements of those codes when they construct the house?

7 A. Yes.

8 Q. And do they have a legal obligation to make sure there's no defects that could be created by not complying with the code?

11 A. Most definitely.

12 Q. And so you're also having inspections of the house pursuant to the Denton County Development Regulations, correct?

15 A. Correct.

16 Q. Now, if you could, look at Exhibit 7. Have you seen this plat before?

18 A. Yes.

19 Q. And what's the approximate size of Mr. Bizios' lot?

21 A. It's big. It's about two acres. It's over two acres.

23 Q. If you could look at sheet 3 of 4 of the plat?

24 A. Sheet 304.

25 Q. 3 of 4.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 A. Okay.

2 Q. My eyes are not that good. Mr. Bizios's lot is the one that kind of is close to the, I guess, right-hand side that juts into the lake; is that fair?

5 A. Yeah. It has a point, yeah. It's a sharp point on it. It's Lot 84.

7 MR. ANDERSON: Your Honor, we move to admit Defendant's Exhibit 3, which is an aerial showing this area.

10 MR. MESSER: No objection.

11 THE COURT: Defendant's Exhibit 3 is admitted.

13 Q. (BY MR. ANDERSON) Now, are most of the lots in the area, are they built out with houses?

15 A. For the most -- yeah. There's a few lots that are left.

17 Q. Okay. So would it be fair to say that most of Sunrise Bay addition has developed lots that have houses located on them?

20 A. Yes.

21 Q. And would it be fair to say, looking at the plat, that Mr. Bizios has one of the larger lots? Can you see any lots on the plat that are greater than five acres, or does it appear that, virtually, all of them are less than five acres?

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 A. Looks like most of them are less than five acres.

3 Q. And -- 4 MR. ANDERSON: Your Honor, we would ask that you take judicial notice that under Chapter 212 of the local Government Code, that there's a statutory requirement for plat property and if there's a tract that's less than five acres.

9 THE COURT: I will not do so. 10 MR. ANDERSON: Okay.

11 THE COURT: The rule of evidence requires that the Court take judicial notice of such matter if it is provided to the Court. I don't have it readily available to me, but if you provide it to me, I will certainly take judicial notice of it.

16 MR. ANDERSON: I'll wait till closing, Judge.

18 THE COURT: Okay.

19 Q. (BY MR. ANDERSON) Now, I would like to direct your attention to the easel. That's a -- 21 THE COURT: By the way, I'm doing a speech on that for an upcoming CLE, and that's the only reason I know.

24 MR. ANDERSON: I guess I'm learning a lot.

25 Q. (BY MR. ANDERSON) This is Exhibit 8, which is Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 basically markups of the plans. And Mr. Freeman testified that virtually every one of his comments that's in a little bubble that's handwritten was an advisory and did not represent a code violation. For example, he said there was an indication that Sheetrock should be 5/8-inch in thickness?

7 A. Uh-huh.

8 Q. Is that something that you comply with routinely?

10 A. I have been using 5/8 rock for several years on all my homes. I don't use half-inch.

12 Q. And there was a question that he stated regarding the chimney and where it's located, and he said it had to be a certain height to make sure embers did not fall on the roof. Does the chimney you have planned meet that requirement?

17 A. Yes. It's pace occurring, and it will be -- they're deeply aware of the code requirements. They have huge liability.

20 Q. And so the advisory comments that Mr. Freeman stated on the drawings, are you complying with those anyway?

23 A. Yes.

24 Q. And those requirements are pursuant to the International Residential Code, correct?

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 A. Yes, 2009.

2 Q. And 2006?

3 A. Yeah, prior to that.

4 Q. What they're saying is 2006 applies, so I want to make sure -- I understand that the 2009 is more stringent than the 2006, but I just want to make sure that the testimony is that these requirements would -- that you're going to meet those that are put in place; is that correct?

10 MR. MESSER: Object, Your Honor, multifarious. And also, we're not saying it's just 2006. We're saying it's 2006 plus 20 pages of local amendments. But my objection is, I'm not sure what his question is.

15 MR. ANDERSON: I can reask him.

16 THE COURT: The objection is sustained.

17 I'm not sure either, so ...

18 MR. ANDERSON: Sure.

19 Q. (BY MR. ANDERSON) Does -- you're going to -- are you going to comply with the comments that are in the bubbles on the sheet?

22 A. Yes.

23 Q. And is it your understanding that whether those are reflective of the 2006 code or the 2009 code, you're going to meet those requirements?

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 A. Well, there was one.

2 Q. Are you talking about the vent?

3 A. Yes.

4 Q. Okay. Tell -- can you explain to the Judge what the issue is with the studor vent?

6 A. A studor vent is a vent designed for an application where you can't run a vent stack from an area. You can't -- because there's an open air -- if you have an island with a sink in it, they're designed to be a venting tool when you don't have a vent application, where you can't put a stack, okay? I use them everywhere. They're approved by municipalities all over Dallas/Fort Worth, and I have built multiple homes with multiple studor vents.

15 Q. So -- 16 A. And they do comply with code. 17 Q. So Mr. Freeman had said, I think in response to a question by the city's counsel, that there was a health-safety reason for not including studor vents. Do you agree with that?

21 A. No, no. 22 Q. And are you aware of any other cities that don't allow studor vents?

24 A. Probably Prosper.

25 Q. Just because Mr. Freeman's there? But Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 generally, would you agree that that is a suitable construction, that they may have a -- some sort of policy reason for not including them, but it is allowed by the International Residential Code?

5 A. Yes, it is.

6 Q. And with regards to the finished floor elevation, you've agreed to meet the city's request of the 240 (sic), correct? 9 A. 540. I'll actually be exceeding it.

10 THE COURT: Give me just a second, Counsel.

12 (Pause in proceedings) 13 THE COURT: Please continue. I'm sorry.

14 Q. (BY MR. ANDERSON) There was one other question regarding the foundation plan that's attached to part of Exhibit 8. I think Mr. Freeman said it didn't have an engineering seal on it. Is there a reason for that?

18 A. At that time when I submitted it, the ICF manufacturer that I was using went bankrupt in December.

20 And so the drawings were going to be -- I was waiting for the stamp on the drawing for them to approve the new forms that were going to be used that are illustrated in there, and that's why I submitted it without it.

24 Q. And do you have an engineering stamp on it now?

25 A. Yeah, I do.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 Q. And so regardless of whether the 2003, 2006, or 2009 building code is applied, with regards to the comments by the building inspector, you're compliant with everything except for the studor vent issue; is that correct?

6 A. Yes.

7 Q. If you could look at the -- this is kind of keeping in mind the lot layout at the bottom of the plat, if you could look at Exhibit 4.

10 A. Okay.

11 Q. And that's an official record from the city according to the certificate. If you could look at the colored map on the attachment.

14 A. Yes.

15 Q. And does the depiction of the lots that are shown reflect the same depiction that's on the plat?

17 A. To my recollection, yes. The layout looks the same.

19 Q. And if you could look at Exhibit 5, this again is a contour map that's in the official records of the city that, I think, has been testified to before. The red lines that are shown, do they, basically, match up with the lot lines that are shown on the improved plat?

24 A. Yes, it looks like it.

25 Q. If you could look at Exhibit 6, this is from Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 the Denton Central Appraisal District. If you look in the upper left-hand corner, this is regards Mr. Bizios' lot. Does it give the location of Sunrise Bay at lake Lewisville, Block 1, Lot 84?

5 A. Yes.

6 Q. As a matter of fact, in the stipulations -- oh, yeah. The address. In the stipulations we have No. 6, Bizios currently owns Lot 84, and the parties have agreed to, so that would be consistent, correct?

10 A. Uh-huh, yes.

11 THE COURT: Quick question that just came to my mind. The $1.2 million that you referenced earlier for the estimated value of construction, that excludes the value of the land that's reflected on Exhibit 6, correct?

16 THE WITNESS: Yes.

17 THE COURT: Okay.

18 Q. (BY MR. ANDERSON) Okay. If you could look at Exhibit 28. And I'm not sure if this is properly labeled in mine or yours, but if you could look at the very last page.

22 A. The last page of 28?

23 Q. Is it a colored drawing of the town's thoroughfare plan?

25 A. Yes.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 Q. And does the lot layout that's shown with regards to that portion that is north of the city limits within the Sunrise Bay addition, do the lots there shown on that map reflect those in the plat?

5 A. Yes. I see Mr. Bizios' lot.

6 Q. Is the answer yes?

7 A. Yes.

8 Q. Are you -- is this house going to be constructed in the same manner as houses you've built within the corporate limits of other municipalities?

11 A. Yes.

12 Q. If the Court allows you to recommence construction, when will the project be completed?

14 A. I suspect we should be into the next year.

15 It's going to take about, at least, 10 or 11 months. I want to do it quicker, but the labor pool is tighter now.

18 Q. When you're within the corporate limits of a city, do you have any issues with regards to filing a building permit with that city?

21 A. No. 22 Q. Why do you have an issue here?

23 A. I just -- after the time that I spent waiting for the permit, I began to ask questions of knowledgeable people and, really, was concerned with -- Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 THE COURT: You didn't call me. 2 (Laughter) 3 THE COURT: So we're clear, I had no independent conversation with this witness. Other knowledgeable people.

6 THE WITNESS: 7 A. And I just -- there became a glaring issue that became really clear as to whether the Town really had the ability to do what they were doing, and that concerned me. 11 Q. (BY MR. ANDERSON) If you could look at Exhibit 35, and go about five pages in. There's a colored drawing that says Spinnaker Bay Point. Do you see that?

14 A. Yes.

15 Q. And where it has, I guess, a one, is that Mr. Bizios' lot?

17 A. Yes.

18 Q. And do the red lines, are those consistent with the approved plat, showing the different lots?

20 A. Yes.

21 Q. And if you could keep going, there's another drawing that's right before the elevation certificate that has the contour lines?

24 A. Yes -- oh, okay. Yeah.

25 Q. And it also has red lines for the different Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 lots, correct?

2 A. Right.

3 Q. Are those consistent with the approved plat?

4 A. Yes.

5 THE COURT: Just so you know, it's 25 minutes remaining.

7 MR. ANDERSON: Thank you, Judge. We pass the witness.

9 THE COURT: When I give those heads up, I don't mean to push you, but you would be surprised how often that's the exact response.

12 CROSS-EXAMINATION BY MR. MESSER: 14 Q. Mr. Hoffmann, my name is Andy Messer. I represent the Town of Lakewood Village. You and I have never met before today, have we?

17 A. No. 18 Q. Okay. This set of building plans up here, we're calling it big 8, do you see that?

20 A. You're calling it what?

21 Q. Big 8.

22 A. Okay, sure.

23 Q. They're also in Tab 8 in your notebook, if you want to turn there. Do you see that?

25 A. Yes.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 Q. That's the plans that you submitted to the Town for their consideration, true?

3 A. Yes.

4 Q. And you also submitted a form to the Town to register as a contractor with Lakewood Village, true?

6 A. Uh-huh.

7 Q. You filled out that form in your own handwriting, didn't you?

9 A. I did.

10 Q. You gave a detail of the project to the Town, didn't you?

12 A. I didn't hear the question.

13 Q. You gave the details of the project to the Town for their consideration, didn't you?

15 A. Yes.

16 Q. And as the contractor on this project, you're representing Mr. Bizios as his agent, true?

18 A. Yes.

19 Q. You have the ability to represent him for all details with the Town involved in this project, true?

21 A. No, no. 22 MR. ANDERSON: I object, Your Honor. I think that requires a legal conclusion. I'm not sure which exactly -- he has exact authorization.

25 THE COURT: Sustained.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 Q. (BY MR. MESSER) Anything dealing with the Town's contractors, inspections, plans, you can represent Mr. Bizios to the Town; isn't that true? And isn't that what you did here?

5 A. Not in all instances.

6 Q. You did it with the dealings you had with the Town, right?

8 MR. ANDERSON: I'm going to object, vague and ambiguous, Your Honor.

10 THE COURT: Sustained.

11 Q. (BY MR. MESSER) When you came to drop off the plans to the Town, your name's on those plans, true?

13 A. My company name, yes.

14 Q. Right. And it also says Mr. Bizios as the owner, true?

16 A. Yes.

17 Q. So you're representing him to the Town at that point in time, true?

19 A. I'm representing the plans -- 20 MR. ANDERSON: I object -- 21 Q. (BY MR. MESSER) And also when you -- and if you look at Exhibit 15, 15, I think, is your registration certificate you turned in to the Town, true?

24 A. Yes.

25 Q. And you've listed the property owner as Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 Mr. Bizios, true?

2 A. Correct.

3 Q. These plans that you submitted on the first page, if you'll turn to the first page and, again, it's Tab 8.

6 A. What section?

7 Q. Tab 8, the very first page. If you can look on here, too -- 9 MR. MESSER: If I may approach, Your Honor?

11 THE COURT: Yes.

12 Q. (BY MR. MESSER) If you look on the very first page under general framing notes; do you see that?

14 A. Correct.

15 Q. And it says, "Structure was designed in accordance to the International Building Code 2003 Edition, doesn't it?

18 A. That's correct, but the engineering drawings were designed by a structural engineer, and so those notes would be disregarded by my framing contractor.

21 Q. Well, these are the plans you submitted for the Town to consider, true?

23 A. But there's framing engineering in there too.

24 Q. Does it say 2003, sir?

25 A. It would -- that says 2003.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 Q. So which is correct, 2003 or 2009? Which version are you actually going to build it according to? 3 A. 2009.

4 Q. So what's on that plan is not accurate?

5 A. I submitted engineering.

6 Q. And then there's a plan on -- there's a sheet in there, I think it's three pages in. I'll show it to you.

9 MR. MESSER: Your Honor, if I may approach?

11 THE COURT: Yes.

12 Q. (BY MR. MESSER) Three pages in there's a note on this plan, I believe. You see the note that says, "No studor vents per Town ordinance"?

15 A. I see it.

16 Q. Now, you've never seen this note before, have you, before the lawsuit?

18 A. Not until I saw this book.

19 Q. And that's because you canceled the meeting with the building inspector to go over these comments, didn't you?

22 A. I couldn't make the meeting. I was summoned at that time.

24 Q. I understand. And so you've been building this structure without the notes given by the Town, true?

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 MR. ANDERSON: Objection. I will object, Your Honor, that is not substantiated by his testimony.

3 THE COURT: I can't hear you.

4 MR. ANDERSON: I'm sorry, Your Honor.

5 THE COURT: My hearing got better.

6 MR. ANDERSON: Sorry, Judge. That's been asked and answered. He testified that it did meet all the requirements of all the comments except for the one comment regarding studor vents.

10 THE COURT: And the objection is overruled.

12 Go ahead.

13 Q. (BY MR. MESSER) So you've been building this structure without the building plans that the Town has that has the comments on it, true?

16 A. The property's not in the Town.

17 Q. I understand. You don't have the plans that have the comments, do you?

19 A. No. 20 Q. So you've been building it without the Town's comments, true?

22 A. Yes.

23 Q. And you said -- you told the Judge that you were going to comply with all the building requirements; do you remember that testimony?

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 A. I said I wasn't going to comply with the studor vent.

3 Q. Other than that?

4 A. Yeah.

5 Q. All right. How would the Town even know that you do comply or don't comply if they can't go out there and inspect it? You're not going to allow them to inspect, are you?

9 A. I think that's what we're here to determine.

10 Q. And if you continue on, you're not going to allow them to inspect, true?

12 A. Well, I think that's up to the Court.

13 Q. But if it was up to you, you wouldn't do it?

14 A. My preference would not. I have independent inspectors.

16 Q. I understand. And so if the Court does not intervene, you're going to continue to build and you're not going to allow inspections by the Town, true?

19 A. That would be my -- that's why we're here.

20 Q. I understand. But that's true, isn't it? You wouldn't allow it to happen without the Court's intervention?

23 A. I really work at the -- at the request of my client, and I'm going to really seek to meet his desire.

25 Q. And that would be not to allow inspections as Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 you've done in the past?

2 A. I think he has that decision to make after the Court ruling today.

4 Q. Well, you've already made the decision once or twice, haven't you? Look at tab 13.

6 A. Yes, I -- 7 Q. The second photograph there.

8 A. I think it's clear we proceeded.

9 Q. Do you see the second photograph that's dated 3/14/14 at 9:52 a.m.?

11 A. Yes.

12 Q. That's a photograph of the property that we've been talking about, isn't it?

14 A. Absolutely.

15 Q. And that's the owner that's depicted there, isn't it?

17 A. Uh-huh.

18 Q. Is that a yes?

19 A. That's -- and I was there also.

20 Q. Yeah, and you're to the right of him in this picture, right?

22 A. Correct.

23 Q. And do you see the red note, stop work order sign posted?

25 A. Yes.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 Q. And then work continued after the posting of that sign, true?

3 A. Absolutely.

4 Q. And who took the sign down?

5 A. Mr. Bizios took the first one down.

6 Q. And who took the second one down?

7 A. I don't know who took the second one down.

8 Q. But you continued to work regardless of the stop work orders, true?

10 A. That's correct.

11 Q. If you look at Tab 35.

12 THE COURT: Mr. Messer, if you're not going to be referring to this, do you mind if we move this back so I can see you, hear you, and potentially yell at you without being blocked?

16 Q. (BY MR. MESSER) Okay. So on Tab 35, do you see the -- you were looking at before with opposing counsel this colored picture that says -- it's like in tan and orange, looks like this, sir?

20 A. Yes.

21 Q. That's a depiction of the floodplain, true?

22 A. Correct.

23 Q. And so the part that's in yellow is what's in the 100-year floodplain, right?

25 A. Yes.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 Q. And the part that's in -- I'm just going to say orange, orangish color, is the part that's not in the floodplain, true?

4 A. Correct.

5 Q. And so the piece of property -- 6 A. It's not -- let me add, that drawing is not entirely accurate.

8 THE COURT: Can I ask you to cite me to which of those pages you're referring to?

10 MR. MESSER: Yes, sir, Your Honor. It's on Tab 35, and it's about four pages in.

12 THE COURT: Okay. I think I just found it. It says, "Spinnaker Bay Point" at the bottom?

14 MS. DeCURTIS: Yes, sir.

15 MR. MESSER: Yes, Your Honor.

16 THE COURT: Okay.

17 MR. MESSER: And it's on -- 18 Q. (BY MR. ANDERSON) Property 1 is the Bizios tract, true?

20 A. Yes.

21 Q. So according to this document, it looks to me like about half of the tract is in the 100-year floodplain, right?

24 A. I -- we have a survey that says the absolute areas that are in the 537 and are not. This is -- I Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 wouldn't say that these are -- this is an overview.

2 This is, like, a long-distance view, and I don't think it's entirely accurate.

4 Q. I understand. But according to this document, which has been submitted to Denton County, right?

6 A. Which one?

7 Q. All the documents in Tab 35 have been submitted to Denton County, right?

9 A. Yes.

10 Q. None of those have been given to the Town, true?

12 A. Correct.

13 Q. So the Town doesn't have the benefit of any of these document from you, right?

15 A. Correct.

16 Q. All right. So if -- this document that shows the 100-year floodplain shows about half of the tract of Mr. Bizios' property is in the 100-year floodplain, true?

20 A. I can't tell you whether it's a half or whether it's a third. Some of the tract is in the lake, some of it is not.

23 THE COURT: It shows about half of it is in the lake too, which I'm sure the Corps of Engineers would take issue with too.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 Q. (BY MR. MESSER) And under the same tab, sir, the second page in. It looks like it's a survey, it says, "Exhibit 3960 Spinnaker Run Pointe;" do you see that?

5 A. Yes.

6 Q. Shows a footprint of the residential property by the 537 line; do you see that?

8 A. Correct.

9 Q. The 537 line is the floodplain line, true?

10 A. Well, it's the no-build line. You don't want to build past that point.

12 Q. Right. And so everything outside of that would be in the 100-year floodplain?

14 A. It's in the floodplain, yes.

15 Q. The property is not -- the property that's going to be built is not in the floodplain, true?

17 A. Correct.

18 Q. But as I counted, there's four places right up next to the floodplain, true?

20 A. Uh-huh.

21 Q. Have you ever built a structure next to the 100-year floodplain before?

23 A. Yes.

24 Q. Okay. And so you know that this could be a life-safety issue, don't you?

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 A. Yes.

2 Q. Because if the water raises up in the lake, which is part of the risk of living on the lake, that could put somebody's life in jeopardy, couldn't it?

5 A. This house is on 30-foot piers into rock.

6 Q. I understand. You've said that you may build this to the 540 level, true?

8 A. I'm going to build it to 540 and six inches.

9 Q. And that's really to the Town's standards, right?

11 A. It exceeds the Town's standards.

12 Q. But you only agreed to that in the temporary restraining order, right?

14 A. No. I was going to build -- 15 THE REPORTER: I didn't get your question.

16 A. The minimum that I have -- 17 THE COURT: Hold on. She didn't get the question.

19 THE WITNESS: Oh, okay. Sorry.

20 THE REPORTER: I didn't get your question that he's trying to answer.

22 Q. (BY MR. MESSER) So you're agreeing to build the house at the 540 level at this point in time?

24 A. Yes.

25 Q. And that's throughout the project, regardless Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 of what's in the agreed order?

2 A. My -- 3 MR. ANDERSON: I'm going to object, Judge.

4 That's vague and ambiguous. I don't understand the question.

6 THE COURT: I'm going to give your witness the same opportunity I gave one of their witnesses yesterday and say, "The objection's overruled. You can answer it if you understand the question." 10 THE WITNESS: I'm not sure -- 11 THE COURT: Then you're supposed to go, "I don't understand the question." 13 THE WITNESS: I'm not sure I understand what's going on.

15 THE COURT: The objection's overruled, but it was effective nonetheless.

17 Q. (BY MR. MESSER) My question is: Today, you're willing to build the property at the 540 level, true?

19 A. It is being built above the 540 level.

20 Q. And that's being continued for the duration of the project?

22 A. That's correct.

23 Q. Okay. But you understand you're doing that to try to take the property out of the floodplain so that if the water rises, people will be safe?

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 A. Yes. I've built multiple properties in -- I've built homes in floodplains, I've built them near floodplains. I understand the danger.

4 Q. Right. So it's a life-safety issue?

5 A. Possibly.

6 Q. So if the water rises too high, it is, isn't it?

8 A. Well, historically, it's gotten to 536.

9 Q. Are you here to give any kind of opinions about meteorology or when or the probability of this lake rising to a certain level?

12 A. I do not own a crystal ball.

13 Q. I take it that's a no?

14 A. That's a no. 15 THE COURT: I'm going to go ahead and interrupt there. We're going to take a break and then return. Be back here at 25 after. It's a little more than 10 minutes. Just so you know, Mr. Anderson, you have 24 minutes left. And, Mr. Messer, you have just under 15 minutes left and we'll see you at 25 after.

21 (Recess taken) 22 THE COURT: Mr. Messer, you may continue.

23 MR. MESSER: Pass the witness.

24 REDIRECT EXAMINATION BY MR. ANDERSON: Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 Q. Just to confirm, there was some questions regarding the health safety building out of the 537 line, which is basically a contour line, correct?

4 A. Correct.

5 Q. And the elevations that you're using meet the Town's requirements, which represent the health and safety standard, correct?

8 A. Correct.

9 Q. The fact that there's some adjacency to the portion of the building of the 537 line doesn't mean you're not meeting the city's requirements of the 537 for the city, correct?

13 A. Yes, definitely not. I don't feel, given what we're doing, it's going to be a health-safety issue -- 15 (Interruption in proceedings) 16 THE REPORTER: You can go ahead.

17 MR. ANDERSON: Are you ready, Judge?

18 THE COURT: Yes.

19 Q. (BY MR. ANDERSON) Mr. Hoffmann, in addition -- you've testified that there are, I guess, incentives on your subcontractors and you to make sure you comply with the International Residential Code; is that correct?

23 A. Yes, yes.

24 Q. And you have -- have you obtained all of the necessary permits to develop the house, other than the Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 Lakewood Village permit?

2 A. Yes.

3 Q. Is there anything in the -- 4 A. Well, I have not gotten the septic yet, but I have the design in place, but that's typically a little bit later.

7 Q. The septic comes near the end of the process?

8 A. Right.

9 Q. And so is there anything in the Town's regulatory regime involving its building code application that, in your opinion, adds to the health and safety and structure durability of this house?

13 MR. MESSER: Objection, it's overbroad.

14 THE COURT: I have no idea what your question was. Can you reask it?

16 MR. ANDERSON: Sure.

17 THE COURT: Break it up, whatever you need to do.

19 Q. (BY MR. ANDERSON) Is there anything in the Town's building permit regulation process that will enhance the health, the safety, or the durability of the house that you're building?

23 A. Not that I can see.

24 MR. ANDERSON: No further questions, Judge.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 MR. MESSER: I don't have anything else, Your Honor.

3 THE COURT: Okay. Any objection to this witness being released?

5 MR. ANDERSON: No objection.

6 THE COURT: Okay. Sir, you're free to go, and you are released from the instructions I gave you yesterday.

9 THE WITNESS: There's an exhibit here.

10 Does that go to the Judge?

11 THE COURT: What's it marked?

12 THE WITNESS: 3.

13 THE COURT: Yeah. That was admitted earlier.

15 MR. MESSER: Judge, I do have one other witness that's out in the hall. I would like to call him as rebuttal.

18 THE COURT: We'll get there.

19 Mr. Anderson, do you have any other witnesses?

21 MR. ANDERSON: Yeah. We call Mr. Bizios.

22 THE COURT: Okay. I'll remind you, you're still under oath.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 HARRY BIZIOS, having been first duly sworn, testified as follows: 3 DIRECT EXAMINATION BY MR. ANDERSON: 5 Q. Mr. Bizios, can you give your full name for the record?

7 A. Harry Bizios.

8 Q. Are you currently employed?

9 A. I'm retired.

10 Q. What was your occupation or job before you retired?

12 A. I worked for Lennox International. I was their president and chief operating officer.

14 Q. Where is Lennox based?

15 A. Richardson, Texas.

16 Q. Is Lennox a multibillion-dollar corporation?

17 A. About a three-and-a-half billion dollar corporation.

19 Q. And why did you decide to buy Lot 84 of the Sunrise Bay addition?

21 A. Well, I fell in love with it. I always wanted to be on the lake, and I wanted to build my dream home close to the water. And when I saw that lot, I thought I had to have it.

25 Q. When you bought the property, where did you Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 think the property was located from a governmental jurisdiction standpoint?

3 A. I thought it was located in the jurisdiction of Little Elm. My address, as a matter of fact, is 3960 Spinnaker Run Pointe, Little Elm.

6 Q. And what does the plat say is the jurisdictional area?

8 A. Little Elm in Denton.

9 Q. Now, are there any signs or monuments that indicate, when a person's traveling in a car, they would be entering the Sunrise Bay addition?

12 A. Yes. There are two monuments; one on the north and one on the south as you're going down El Dorado.

14 Q. Have those monument signs been there a long time?

16 MR. MESSER: Objection -- 17 A. As long as -- as I know. They've, obviously, been there for a long time.

19 Q. (BY MR. ANDERSON) Did you originally authorize the submittal of the building permit plan of Exhibit 8 to the Town?

22 A. I did.

23 Q. Why?

24 A. We thought we had to.

25 Q. And at that point in time, had you discussed Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 the jurisdictional issue with an attorney?

2 A. Not at that point in time.

3 Q. Did you subsequently decide not to pursue the building permit process with Lakewood Village?

5 A. I did.

6 Q. And why did you decide not to pursue that?

7 A. Well, because after consulting with an attorney, I found out that what they were doing and what they were asking for was illegal. They were overstepping their bounds and municipality, and I objected to that. I've talked to some of my neighbors, and they went through a similar issue, but they didn't want to take the litigation on because of the cost -- 14 MR. MESSER: I object, Your Honor. He's talking about hearsay.

16 THE COURT: Just state your legal objection. Sustained.

18 Go ahead.

19 Q. (BY MR. ANDERSON) I'm just asking for you.

20 Why did you decide not to pursue -- why was it important to you not to pursue the building permit process?

22 A. It's a matter of principle. It's a matter of principle, and I wanted to take a stand on this. It was not a financial issue because I've already spent a lot more money on you, Art, than I would have spent had I Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 paid the permit. And I intend to spend a lot more money, as necessary. This is a matter of principle with me, and it's outrageous that a municipality can impose rules that are illegal on nearby citizens.

5 Q. And can you vote in Lakewood Village and Lake Shores -- 7 A. No, I can't.

8 Q. Do you receive any services from Lakewood Village?

10 A. No, I don't.

11 THE COURT: Service of process, right?

12 You're talking about other services?

13 MR. ANDERSON: Yes.

14 Q. (BY MR. ANDERSON) Do you receive or will you receive any municipal services from Lakewood Village, other than service of process?

17 A. Not that I know of, no. 18 THE COURT: You can disregard my attempts of humor. The Court of Appeals does, so ...

20 THE WITNESS: I enjoy your humor.

21 Q. (BY MR. ANDERSON) And who maintains the road in front of your lot?

23 A. Denton County.

24 Q. Do you have any interest of being annexed into Lakewood Village?

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 A. No. I have zero interest. And if there ever was any interest, I have even less now.

3 Q. Do you have any issues with regards to the safety of the house that's being built, its durability, its quality of construction without complying with the Town's ordinance following hearing all the evidence in this case?

8 A. None whatsoever. As a matter of fact, I am convinced that when it's all said and done, I will have the highest quality, safest, most durable house in the subdivision. If a tornado or an earthquake were to happen, mine will still be standing.

13 Q. And just as a housekeeping matter, Mr. Freeman had raised the issue yesterday regarding the retaining wall that was built within the flowage easement. Do you recall that testimony?

17 A. I do.

18 Q. Did you obtain all the necessary consents from the Corps to build that engineering wall?

20 A. I did. It was a laborious process. It took five months, but I got all the permits. I had to have engineering studies stamped by professional engineers, got all those and erected the wall.

24 Q. So the concern Mr. Freeman had was this engineer -- was this approved by an engineering company?

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 And is it your testimony that you obtained the necessary engineering report that, basically, said that the retaining wall was safely constructed?

4 A. Yes, it is. And as a matter of fact, the Corps of Engineers will not accept it if it isn't stamped by a professional engineer and done by a professional.

7 MR. ANDERSON: We pass the witness, Your Honor.

9 MR. MESSER: I have nothing, Your Honor.

10 THE COURT: Okay. Sir, you can step down and join your attorney.

12 Mr. Anderson, any other witnesses?

13 MR. ANDERSON: No, Your Honor.

14 THE COURT: Okay. Any rebuttal?

15 MR. MESSER: No, Your Honor.

16 THE COURT: You said you had rebuttal.

17 MR. MESSER: I said I have another witness that might have rebuttal, but now we don't in light of the proceedings. That's what it was, Your Honor.

20 THE COURT: Certainly. At this point the evidence is closed, then, and any witnesses previously placed under the rule are released from it. If you need to get somebody to come in, you're welcome to, but that leaves you-all just under 15 minutes apiece for argument, which is good for me. Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 In short, when we left off yesterday, I had a heavy lean towards denying plaintiff's request for injunction, and that's why I left that first possibility open, that after further consideration and review last night, if that was the conclusion that the Court was going to draw, that you-all would not have to come back down here today.

8 Obviously, based on my communication with you-all shortly before midnight, I decided I wasn't so sure, and that's why we've come back today and now completed the hearing and provided defendant full opportunity for presentation of evidence and for both parties to present further argument.

14 Quite frankly, based upon the stipulated evidence admitted and the additional testimony and evidence presented, I really don't see that there are significant material factual disputes that dictate a decision here so much as there are just pure questions of law that the Court is in need of resolving, at least at this first stage.

21 And I'm struck by, and appreciate, the high level of competence of counsel in briefing the issues and simply note that they are complex, that there don't appear, to me, to be any cases cited by both of you that are strictly on point. And that all of the Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 cases I've reviewed are potentially distinguishable in some way, potentially in substantial and material ways.

3 And that leaves me at this point with some leans, but absolutely no idea what the proper and correct decision is.

6 I will make a decision at the end of your arguments that I believe to be proper and correct and have little doubt that regardless of what that decision is, the Court of Appeals will reverse me, and we'll do it all over again down the road.

11 So I'm going to hear you out and do what I think is dictated by the law and await the Court of Appeals' direction as to whether or not I flipped the coin properly or not.

15 I don't mean to be flippant about it.

16 That's not at all what I intend to do. I'm just saying that it's a complicated issue with good attorneys and good arguments, and it's a lot tougher call than I'm used to having to make when it's based upon discretion or factual determinations rather than interpretation of very complicated statutes coupled with real property regulations and ordinances.

23 So since y'all have gotten plenty of time, I wanted to step up to the pulpit for a few minutes and tell you I appreciate the hard work you put into it, but Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 also resent it because it's made my job much more difficult than it should be.

3 Anyway, Mr. Messer?

4 MR. MESSER: Thank you, Your Honor. May it please the Court, Counsel. Rhetorically, I would ask, how was the Town to know? You have the opinion of the builder, the contractor that says, yeah, I'm going to meet every code, I'm going to meet it, I'm going to meet it. But how is the Town going to know that? It's not communicated to us, and they won't let us on the property to see.

12 Just because he has an opinion they'll do it, that's not how it works. Property owners shouldn't have the discretion to be able to do willy-nilly what they want to do and decide I want to obey this law, but not this law. Government would be in chaos if that happened. We need some uniformity in what we do, particularly in circumstances like this.

19 I guess I would simply say the property owner simply does not have the right to make those types of decisions, especially not even communicate them to the jurisdiction that they're in.

23 THE COURT: And we wouldn't be here today unless I were not yet convinced that Lakewood Village has the right to dictate those, so convince me. Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 MR. MESSER: Fair enough. So, Judge, again I would go to my temporary injunction notebook, Tab 16. I'm going to talk about the two legal issues that I think are in front of the Court. The first one deals with extending our building codes for development issues in the ETJ. And so this is a sheet I put together of the statutes and the law, and I want to talk a little bit about the cases.

9 So if you look at 212.003 and 212.002, it says we can apply our rules in the ETJ, and the reason is for the safe, orderly, and healthy development of the municipality. That's exactly what the ETJ is for, development in the ETJ.

14 And so if you look at the Weslaco case, that's what they hinge their decision on. They look at what does development mean? They say, yeah, that includes codes and inspections, and that is connotated by the word "development." So it's express statutory authority 212.003 and 002 that allows a Texas municipality to put their building subdivision rules and inspections in their ETJ.

22 And the reason is simple, because that is our exclusive right to be able to annex there. Whether it happens or not, that's not the point. It is our exclusive right to do that, and the house right there at Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 the city limits and the house right across the city limits in the ETJ should both be built to the same standards, they should both be built to the 540 line.

4 THE COURT: And just to make sure I haven't misunderstood this. It's really not a right, it's a prospective right based upon population growth that, based upon the testimony, is not projected to trigger that right within the next 10 years; is that correct?

10 MR. MESSER: Partially. The other part of it is, if a property owner asks to be annexed, which that could happen -- I don't know what's going to happen in the future, but if the property owner signs the consent, "I want to be annexed," we have the ability to do that.

16 THE COURT: Okay.

17 MR. MESSER: So there's both unilateral and consensual annexations.

19 THE COURT: And certainly property owners that are then opposed, presumably Mr. Bizios at the very least, would have the ability to oppose it?

22 MR. MESSER: That's fair, but it is our exclusive right; nobody else's. Not Little Elm, not Oak Point. It is our right.

25 THE COURT: At this point in time, it's Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 not a right, it's a potential or prospective right sometime down the road?

3 MR. MESSER: Yeah. All I'm saying is the ability to annex is ours, it's nobody else's. Whether it happens, yeah, you're right.

6 THE COURT: We're using different terminology for the same concept, but okay.

8 MR. MESSER: And so the reason is simple.

9 If you look at the statutory authority, and the intent is in 212.002 and 42.001 is to promote the development in the ETJ, in the areas adjacent to the municipalities, and for the municipality.

13 So it's clear. There's statutory authority that allows home rule cities and general law cities alike to do this. Really, I think that is buttressed by these two other statutes that I don't see how they get around. And no cases ever discuss them, Your Honor.

19 It's the one that deals with permits in the ETJ. If that -- if we don't have the right to extend our codes in the ETJ, how can that statute ever apply? It would be useless for that statute to be written, and we know that the legislature's never presumed to do a useless act.

25 The same holds true for 233.153, all Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 right. That statute basically says -- deals with counties and counties' building codes. But it says, if a municipality has a building code adopted in the ETJ, which we have undisputably, our code applies exclusively. You have an exhibit by Denton County that recognizes that, and it gives notice to property owners and builders.

8 You've got a municipality that's got a building code, you've got to go to the municipality.

10 That was a resolution that was passed five-oh by the Denton County Commissioners Court that says exactly the same thing, it mirrors state law. If that -- we do not have this ability, that law, what Denton County has done, is rendered useless. To me, those two very specific provisions are huge stumbling blocks.

16 THE COURT: What's to say that the county's not acting beyond its authority in issuing that order?

19 MR. MESSER: They may be. They may be.

20 THE COURT: In other words, I'm sure that's what the defendant would argue, that if the Town of Lakewood Village authority is limited to that which is provided by statute, then no matter what the Denton County Commissioners Court orders, that's not statute, and that's not going to extend the Town's authority.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 MR. MESSER: You're right, but that statute -- the order of Denton County Commissioners Court is based upon 233.153. That statute gives us this authority. That statute's what is the enabling act for Denton County to make their unanimous decision. So they go hand in hand.

7 Talking about some of the cases, Your Honor, that has interpretation. You know, Mr. Anderson gave you a notebook, and I'm glad he did, because there's a case that's very helpful to us in here. It's involving the San Antonio Court of Appeals, the Milestone Potranco Development case.

13 That case dealt with a tree preservation ordinance. A tree preservation ordinance. And the issue was, could the City of San Antonio use that tree preservation ordinance in its ETJ? And the San Antonio court held for the same reasons that are applicable here, yeah, you can extend it to the ETJ based on 212.002 and 212.003.

20 And so my view is, if a tree preservation ordinance by 212.002 and 003 can be used in the ETJ in San Antonio, why can't the building codes and inspection authority be extended likewise? There's no difference.

24 And that's the case he's using.

25 There's two other cases that we've cited Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 that are in our book that mirror that same result. It's the one involving the Town of Lucas. Lucas was a general law municipality. North Texas Municipal Water District wanted to build their large treatment plant on 75 acres in their ETJ. The water district did not want to use the Lucas building codes. Same exact theory as we have here, same exact arguments. And the Dallas Court of Appeals held that they have to.

9 And it was telling the way they talked about it. They said, "Were we to hold that the building standards are not contemplated by the 212 statutes, we would be left with the statute" -- 13 THE REPORTER: I'm sorry. We would be left with the statute?

15 MR. MESSER: I'm sorry. Let me slow down just a second.

17 -- "that grants authority over the laying out of streets, alleys and lot boundaries, but precludes authority over the most important part of a subdivision.

20 Consequently, we conclude the power over subdivisions conferred in 212 gives the right to issue regulations regarding construction of housing, buildings, and the components thereof." 24 And so you've got the San Antonio Court of Appeals that's done this, you've got the Dallas Court of Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 Appeals that's done this.

2 There's one other case, the Corpus Christi Court of Appeals did the same thing in the Weslaco case.

4 They extended the building codes. And they're the ones, the Court of Appeals granted a permanent injunction against the developer until there's compliance with the codes.

8 You've got -- I understand the Fort Worth Court of Appeals hasn't rendered an opinion on this.

10 The Sunrise Bay case that they rely upon is not on point, because exactly what we did here is exactly what Sunrise Bay didn't. They didn't have an ordinance that extended their subdivision regulations to the ETJ. That case never got to the point where we're at. They had evidence, et cetera, but it's totally distinguishable.

16 So you've got the Corpus Christi court, San Antonio court, and the Dallas court all in uniformity. And they say that a city can extend these type of regulations to the ETJ.

20 So in order for the defendant's position to prevail, it would have to be contrary to the express language of the 212 statutes, contrary to the permitting statute in 214.904, contrary to the 233 statute involving county authority and the exclusion they give municipalities that extend the building code, and Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 contrary to these three other Courts of Appeals, Your Honor.

3 It's a pretty hefty burden, in my view, that they have to overcome in order to prevail.

5 THE COURT: Do you want to save a few minutes for rebuttal?

7 MR. MESSER: Yes, sir, Your Honor. I think I've got a couple minutes left.

9 THE COURT: You've got four.

10 MR. MESSER: I do have some issues on vested rights I'm happy to address on close.

12 THE COURT: I'm just letting you know where you are and seeing what you want to do with that remaining time.

15 MR. MESSER: Thank you.

16 THE COURT: Mr. Anderson?

17 MR. ANDERSON: Thank you, Your Honor.

18 Your Honor, if you wouldn't mind, we'll be referring to the very small notebook.

20 THE COURT: This is the one I chose to carry in my bad arm.

22 MR. ANDERSON: Even with a bad shoulder.

23 Good.

24 I think the Court's questioning is on point, which is, okay, I see these things in the Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 statute, but where is there anything that expressly says a general law town has the authority to require the issuance of a building permit in the ETJ?

4 And so Mr. Messer says, it's clearly in there. It's not. I mean, you can review all the statutes you want. There's nothing that relates to that. As a matter of fact, there's only one provision that addresses that, which we'll go into, for a certain type of platting and getting a building permit that a legislature said you're specifically not authorized to require a building permit in the ETJ.

12 Your Honor, the only code that I know of in the statutes that addresses building codes, and I don't have it in there, but I want to give this to you, Judge, is 214.212, and it says, "To protect the public health, safety, and welfare, the International Residential Code is adopted as a municipal residential building code in this state," and then B, states, "The International Residential Code applies to all construction, alteration, remodeling, enlargement, and repair of residential structures in a municipality." 22 There is absolutely no reference to the ability to require permits in the ETJ. Judge, if I may, I can go ahead and give you that page.

25 THE COURT: Okay. Is this what you asked Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 me to take judicial notice of earlier?

2 MR. ANDERSON: Yes.

3 THE COURT: Okay. I will now take judicial notice of it.

5 MR. ANDERSON: So the critical component is, contrary to what Mr. Messer says, we wouldn't be wrestling with this, Judge, if it was expressly set forth in the statute that a general law town has the ability to obtain a building permit in its ETJ. We wouldn't be here.

11 So the issue is, has the legislature given express authority somewhere else for them to do that?

13 And so, if we could talk briefly, I think he raised the issue on annexation, Judge. And I think there was a little bit of lack of clarity with regards to some of Mr. Messer's answers, but I just want to make sure.

17 A home rule city has the authority to annex unilaterally over the property owner's lack of consent. Today as a general law town, the legislative structure for annexation says if you're less than a thousand, you have to get their consent. Mr. Bizios says, "You're never going to get my consent." So they are prohibited from annexing his property.

24 There is a provision in 43.033 which gives the authority, if they reach a population of a Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 thousand -- and what their brief says, that will be in 10 years -- then they can do so if they provide water or sewer. Well, water's already provided by Little Elm.

4 All these lots are going to be on septic, as the testimony indicated.

6 As Mr. Hoffmann testified, it would be millions of dollars to extend sewer, plus there's the fact that there's the certificate of convenience and necessity issued by the TCQ for sewer that's issued to Little Elm that there's no indication that they're going to give that up. So I think that the prospective odds - I think that was the question, the prospective annexation, the possibilities under that provision are nil.

15 The next way you can do that is if you get to a 5,000 population and have the home rule charter election and become home rule, and Ms. Asbell testified their ultimate buildout is anticipated to be 2500. So there is absolutely no way that they can annex this property, which is one of the reasons that they stated previously as to why it would make sense to give them the authority to regulate the building process in their ETJ.

24 Again, that's exemplified in the City of Northlake versus East Justin JV where Judge Gabriel Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 said, basically, if you're a general law town, you've got to comply with the ordinances strictly.

3 The Runaway Bay, I agree with Mr. Messer that there is a distinction, and I think that's probably what the Court was referring to at the beginning saying there's a distinction. It's pretty close, but there is a distinction because the Court said, I'm not going to overrule -- or I'm not going to strike this ordinance -- well, actually, they did say that. I'm not going to rule that you cannot annex into your ETJ, but I'm going to strike this ordinance because it did not expressly state that it was applied.

13 But I think if you look at footnote 4, Judge, that -- basically, I think the Court of Appeals is reciting the arguments that I made at the Court -- to the Court on that particular case. And it says, "Rhino argues that 'this subchapter says nothing about building in general or permits in specific' and does not confer authority on the City to extend its building code as opposed to 'rules governing plats and subdivisions' to its ETJ, especially in light of section 212.049 which provides that 'this subchapter does not authorize the municipality to require municipal building permits or otherwise enforce the municipality's building code in its [ETJ]." Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 And that's kind of the first part. So what it's referring to there is, if you look on the next tab on 3, there's a Subchapter A and a Subchapter B in the platting statute, that's Chapter 212. And as a matter of fact, Mr. Messer says, we can do this because we're a regulating development within our ETJ.

7 Well, Subchapter A states that this is for subdivisions of land. So if you want to subdivide land and put in public improvements, that's what Subchapter A addresses, regulation of subdivisions. As we indicated, and we'll go through here, the Town has no regulatory authority for subdivisions on this tract of land. Zero.

13 They don't have any authority.

14 And the reason is, as we'll go into, is the statutory provision that says if you have an addition, the city with the largest population with their ETJ controls that process. That's why that plat was approved by the county, because it's in the county, and also by the City of Little Elm, because they have a bigger population than Lakewood Village.

21 So Lakewood Village has no legal authority to apply its subdivision regulations in terms of requiring a plat or anything else because this property was approved by Little Elm and the county in accordance with their provisions.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 So if this is regulated by Subchapter B, which is regulation of property development, which I think is what Mr. Messer argued, if you look on the next page on 212.049, which the Court of Appeals refers to, Judge, on that footnote 4 we were reading, says "This subchapter does not authorize the municipality to require municipal building permits or otherwise enforce the municipality's building code in its [ETJ]." 9 So under A, they don't have any authority there because of the provision that is in the next section which says that the largest city with ETJ has the authority to regulate subdivisions. And if they're saying they have it under B, that expressly says the legislative intent that you can't require a building code here.

16 The next argument, Your Honor, is under the Milestone -- so this is kind of the follow-up, and this is how the cases have come down, the ones I've been involved in. I think the only two cases that involve extension of building codes to ETJs are the Runaway Bay case and the Town of Talty case, the Hartsell case, both of which the Court ruled for the developer but didn't reach the fundamental question -- which you're correct -- which is, do they have the authority or not?

25 So if the Court were -- where I could Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 foresee an argument at the Court of Appeals, if it came up that way, would be that without reaching a fundamental question under one, under two, what I just argued, that they don't have the authority, pursuant to the Subdivision Statute, to extend their codes due to the fact that Section 212.007 specifically says the city that has the larger ETJ is the one that has the authority to approve plats.

9 The Milestone Potranco case, I think Mr. Messer says that's, of course his case. I always hate to put cases in my booklet that support him. The point there is that the Court of Appeals -- the argument was raised, can you apply the tree ordinance separate and apart from the subdivision process? In other words, people were concerned, I own a house, I've got a tree, they're going to permit me from cutting down a tree on my own lot for firewood or for whatever reason. And the Court of Appeals says, no, this only applies as part of the subdivision platting process.

20 That's basically the only time that it will apply, and it puts the standards for land development are consolidated in the development standards. The overall structure demonstrates that these are applicable to the city's ETJ and are intended to be limited in their application to the subdivision of Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 land and land development.

2 So that basically is where the Court of Appeals is saying, unless it's part of the subdivision process, then these particular ordinances cannot be applied.

6 And then the last argument, Your Honor, concerns the vested rights statute. And that's basically what the Court -- the Dallas Court of Appeals held in the -- 10 THE COURT: Hartsell.

11 MR. ANDERSON: -- Hartsell case. I would like to go ahead, because you raised the issue on the exemptions, which is in 245.004, and I've had to deal with this a lot in terms of this particular one under number one. It's important to distinguish between projects and permits and which permits it applies to.

17 So it says, "This chapter does not apply to a permit that is at least two years old, is issued for the construction of a building or structure intended for human occupancy or habitation." 21 Okay. So that's a permit for a building permit, if that makes sense. We also have a permit for the plat, which is 20 years old, 1995, approximately.

24 That's not what this exemption applies to, okay?

25 That that -- this only applies to a Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 building permit that is at least two years old for a house. And, basically, I think the intent, although I don't really know, is not to let that building permit just languish out there and not actually start construction. If there's changes, then you would have to bring it up to the Uniform Building Code requirements. Other than that, it meets the requirements.

9 And with regards to notice, Your Honor, I think the evidence -- you know, the city secretary hadn't been there that long, the building inspector is on and off with what he does, right, this is not his day job, this is something he does at night, things like that.

15 Saying we didn't know about that plat, well, that's, you know, disingenuous because the Statute 212 specifically states that if you're going to subdivide and convey tracts of land that are five acres or less in size -- it's 212.004. Judge, may I approach?

20 THE COURT: Yes.

21 MR. ANDERSON: I'm going to actually -- if I can have my book back and make sure that you got the copy.

24 Under 212.004, it states that you have to go in and get it platted. So it -- as the testimony Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 also indicated in the exhibits, most -- virtually all of the city maps show the lots that were in the subdivision.

4 So for the city to say, wow, we didn't even know there was a plat out there is just wrong.

6 Maybe individuals may or may not have, but it's just obvious that if you're out there building houses on the northern part of the Town and each one of those is on about two or three acres, which is less than five, there had to be a plat.

11 Now, they may not have known specifically about 1995, but that's their fault. I mean, easily you could have gone and seen this in the deed of records.

14 You can't have an addition unless it's been platted. So we have Sunrise Bay addition signs, we've got the houses that have been built on the individual lots. And according to several of the Town's maps, show the platted lots.

19 So to say, wow, we didn't know about this plat here clearly is just -- maybe individuals did not, but from a collective knowledge and from constructive notice that it's clear that they did.

23 Finally, Judge, Mr. Messer said we have some terrible burden which, hopefully, our argument with regards to the law has met that, but I think the point Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 is they have a burden. They're the plaintiff, they're trying to get the temporary injunction.

3 There's no testimony that I -- that I heard or any evidence that says there's any imminent, health, safety or danger, any issue that's there with regards to the quality of the construction. We have safeguards upon safeguards.

8 And frankly, Judge, sometimes, you know, the private sector is as good. When you have really quality contractors and subcontractors, all of which are going to comply with the code as indicated by the testimony anyway, that they are as concerned about complying with code as meeting any city regulations.

14 Then finally, Judge, I know you didn't want to hear it, but the bottom line is, there is testimony that the fee by the city secretary was -- she said was going to be in excess of $14,000. The testimony by the building inspector said that the actual fee for reviewing all the plans and doing all the inspections would be $1,200.

21 MR. MESSER: Your Honor, I think this is not relevant.

23 THE COURT: Okay. Your objection is noted. It's overruled.

25 Go ahead.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 MR. ANDERSON: Okay. I'm just pointing out that there's collection of fees of $14,000, and they're paying the building official $1,200. And so we believe that it's clear that this has really nothing to do with health, safety, those types of things. There's no question that this house is going to be built according to code, and it's going to be built in the most safe way possible.

9 I think the real issue for the Town, and that's why they've got three lawyers here and lots of folks at the table, is because they want to make sure that they have that revenue source which, really, they are not entitled to.

14 Thank you, Your Honor.

15 THE COURT: And just to be clear, I didn't decline to hear anything that was properly before me, but with respect to the position stated in your pleading that there was some constitutional basis to challenge that fee, I didn't consider that to be a necessary issue with respect to the injunction. And as a result, rendered that evidence irrelevant to the issue of whether an injunction is properly issued. And the constitutional arguments as to the fee can be raised at a later time, if any.

25 Mr. Messer?

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 MR. MESSER: Thank you, Your Honor. Just briefly. If the Court does not grant this injunctive relief, then this project goes forward, they go out there and they pour that foundation in a day, a couple of days, they're at risk, they're at peril. Because then we could make them go out there, tear it up so we could then inspect, if injunctive relief is not granted.

8 It's very difficult to unscramble the eggs at this point. It's very simple to allow this to go forward and allow the inspection to happen, the way they properly should.

12 One brief comment about Mr. Anderson's arguments is what he didn't say. He didn't say a word about 214.904 or 233.153, the very statutes that talk about our building permits in the ETJ and our exclusive right to do that when we have building codes in the ETJ.

17 The statutes are clear. They give us that authority.

18 He didn't say one word about it.

19 Didn't say one word about the Lucas case or the Weslaco case. All those things are clearly in our favor that will allow injunctive relief that happen to allow us to make inspections in the ETJ.

23 If you want to look at the vested rights, really, the Austin Court of Appeals got it right. In our notebook we cited here, Your Honor, Tab 14, the Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 Shumaker case versus Austin, the same exact thing where a developer was picking and choosing what they were wanting to do. They're saying, you know what? The plat was given by the county, but the city never addressed it.

6 And the Austin Court of Appeals said, if you're going to try to have vested rights, you've got to submit that to that regulatory authority, the city. And if it's not submitted to the city, it's not binding on the city, and you don't have any vested rights. Exactly the same argument that we have here.

12 And there's also some exclusions that apply here, Your Honor. Actually, if you look at 245.006, they can't enforce the vested rights statutes unless they have a claim for mandamus, declaratory injunctive relief, which they don't have. So they can't even have these rights in the first place.

18 But if you want to look at the exceptions, the whole point of this under 245.004(1) is to allow cities to have updated building codes so that we don't have to apply a 1995 building code to this standard. If that's what they wanted, well, they're not doing it.

23 They're using an updated version of the building code. 24 So the very exception that talks about vested rights says it excludes building codes by Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 municipality, just like we have here. So I think the vested rights argument is not as complicated, to me, as the statutory authority and the issues involving 212.

4 And I think those statutes, the permitting statutes, and the exclusive ability to have codes in the ETJ, along with these cases that we cited, we've provided to the Court, clearly give us the right to injunctive relief.

9 And it's a little bit -- I think, actually, the plaintiffs, I think a little bit, it's like a venue forum shopping. They're trying to pick and choose who they want to go with. Well, we'll start with the Town. No, we don't want the Town. We don't like the Town. There's something that they don't like about it, well then, we'll go to the county.

16 Well, 233 gives the city -- if you read it -- if we have building codes that we've enacted in the extraterritorial jurisdiction, then ours control.

19 That's what the statute says, and the county's have no effect.

21 That gives us the exclusive right. Just as if you had exclusive jurisdiction or venue in one case, no other court has that venue. It's exactly the same peril as we have here. We have the exclusive right to have the building codes in our ETJ, and not a word Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 was said by them.

2 So we think that the Court should do just exactly what the Corpus Christi Court of Appeals did in the Weslaco case and enter a temporary injunction until they comply with our ordinances.

6 Thank you.

7 THE COURT: The final legal question that I would ask for very brief feedback from you both about.

9 If I understand the appellate remedies available, based upon the granting or denial of a temporary injunction, there is no traditional or interlocutory right to appeal. It would only be through the issuance of a -- well, through the filing of a petition for writ of mandamus, and the issuance of mandamus, that either party would be able to bring the issue to the Court of Appeals; is that correct, or incorrect?

17 MR. MESSER: I think that's incorrect, Your Honor. I don't have my Civil Practice and Remedies Code here, but I think it's Chapter 54 -- yeah, 54.014.

20 And one of the subparts is injunctive relief under temporary injunction, so -- 22 THE COURT: So it would be an interlocutory appeal?

24 MR. MESSER: If there's an interlocutory appeal at this stage, whatever the Court's decision is.

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1 THE COURT: Frankly, one of the statutes cited -- and it runs together at some point. One of the statutes cited yesterday, I noticed, referenced the city's remedies in the district court being related to injunctions and referenced mandamus, I believe. But that's why I was a bit confused as to what either party's appellate remedies would be, but I didn't mean to sidetrack us.

9 So do you concur, Mr. Anderson, that there's provision for an interlocutory appeal?

11 MR. ANDERSON: That's my recollection, Judge.

13 THE COURT: If the framework for my evaluation of this request for injunctive relief were merely pursuant to the traditional criteria listed in the Rules of Civil Procedure or based upon this Court's judgment of equity, quite frankly, there would be no injunction. In other words, what I've concluded is the law is not a law that I particularly like or care for, and I don't think a city should have the ability to tell a property owner what to do with property for which they provide no services, just as a matter of fundamental equity and fairness.

24 But that's to say that I've concluded that the city, the Town, is within its authority, and the Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 injunction will issue, the motion to dissolve the temporary restraining order is denied, and the injunction requested is granted.

4 Anything further?

5 Mr. Anderson, looks like you're 2 and 0 so far on these related issues with the Court of Appeals in Fort Worth, and against the backdrop of my comments, if they up your record to 3 and 0 and reverse this and send it back to me, it won't hurt my feelings. In fact, I'll be comforted from an equitable standpoint that I got it wrong, and that ended up being a good thing. But based upon these well-briefed and argued positions, the coin landed on tails and that means the plaintiff wins.

14 MR. MESSER: I do have a proposed order, Your Honor.

16 THE COURT: If you'll bring it up. Does this track your pleading and petition?

18 MR. MESSER: I believe it does.

19 THE COURT: Do you have any objections to the form?

21 MR. ANDERSON: I haven't looked at it, Judge.

23 THE COURT: Feel free to take a minute to look at it.

25 MR. ANDERSON: Judge, I do have some Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 comments.

2 THE COURT: Okay.

3 MR. ANDERSON: On the first page, yes, we've got a little bit of a procedural question on the studor vent. It's been installed. Pursuant to the TRO, we were allowed to continue. And we would ask for whatever relief is necessary from the Town that we don't have to go rip that out and redo that part, because we proceeded in good faith with regards to the TRO, which basically said we could continue to do plumbing.

11 THE COURT: Right. Well, to the extent that this would simply apply from this moment forward and it's not intended to undo or modify the terms of the prior agreed temporary restraining order, it appears that the immediately cease and desist -- 16 MR. ANDERSON: Right. The issue we, have I think, technically is they went out and looked at it and said, yeah, you put it in, but that studor vent doesn't comply. I don't even know what it is, Judge, but whatever it is, it's in there, and it's kind of hard -- 22 THE COURT: It's a studor vent. Come on, Mr. Anderson.

24 MR. ANDERSON: But it's expensive to redo, and so we would just ask that that part be exempted out Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 from the scope -- 2 THE COURT: Well, my point is, at least not the first page you referenced, I don't think that it requires anything to be undone.

5 MR. ANDERSON: Okay. Well, that's -- if we have that agreement, I'm -- 7 THE COURT: I'm looking at the language and it says, "Shall immediately cease and desist any construction." That means further or future. It just means don't do anything else. It doesn't undo or order the remedial deconstruction or modification of anything that's already in place.

13 MR. ANDERSON: Yeah, I know, Your Honor, but it -- 15 MR. MESSER: I can't agree with that unless my client would agree with that, and it's part of our code. I can't see how I can say, "You don't have to meet our code." 19 THE COURT: I guess my point is, I'm not real sure what modification you're proposing, or what specific part of this proposed injunction you have taken issue with as to form, at least.

23 MR. ANDERSON: Yeah. That's -- on the first page, it's an issue of clarity, and if the Court can confirm it. I don't know if we need to put it on Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 the record by revising the order to state that all the improvements that have been put on the property to date do not have to go back and get permits and go back and get approvals is acceptable. If it goes from here forward, then that's not a problem.

6 THE COURT: That's been clarified here on the record, and I think it's clear from the terms of the injunction, that "defendant shall cease and desist any construction on the property," and that means from this point forward and does not remediate any conditions present at this point in time.

12 MR. MESSER: I just want to point out, Your Honor, they failed the inspection yesterday. This doesn't remedy that?

15 THE COURT: Nor is it intended to.

16 MS. DeCURTIS: They'll have a final plumbing inspection that they won't be able to pass if they don't change it.

19 THE COURT: Again, not my concern. I'm concerned with entering a temporary injunction from this point forward that maintains a status quo subject to the determination at the Court of Appeals that this Court did not have the authority to enter that injunction and pending a final determination of the merits of the underlying lawsuit.

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1 MR. MESSER: Okay.

2 MR. ANDERSON: So to make sure that I understand. On the first page when it says, "Immediately cease and desist any construction on the property," that's any new construction after today; is that correct?

7 THE COURT: Correct.

8 MR. ANDERSON: Okay.

9 THE COURT: And yet it goes on to say, "until such time as they have applied for and obtained approval." So, in theory, construction may continue, even in the face of this injunction, if those three subsequent conditions are met.

14 MR. ANDERSON: Sure, I understand.

15 THE COURT: Make sense?

16 MR. ANDERSON: I just want to make sure that it's clear that for construction prior to today, there's not a necessity to meet 1, 2 and 3. For any new construction after today, there's a requirement to meet 1, 2 and 3.

21 THE COURT: Yes. That's a good way of clarifying it.

23 MR. ANDERSON: Thank you, Your Honor.

24 THE COURT: And if that means that the current condition will preclude there from being Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 approvals under 1, 2 and 3, then so be it.

2 MR. ANDERSON: What does that mean, Judge?

3 I'm sorry.

4 THE COURT: If the city, if the Town, will not provide approval for any further permits, or based upon the current condition of the property, then the injunction, I believe, prevents there from being further construction.

9 MR. ANDERSON: I'm sorry, Judge, I'm trying not to be obtuse, but I've got a practical problem that we really need to address.

12 THE COURT: And I'm happy to address it, but I'm not following you.

14 MR. ANDERSON: Okay. My issue is, we've got construction out there. There's specific issue on this vent, and it failed inspection. The typical code would say, you can't do anymore construction until you get us a permit that showed all the past construction has been approved, okay?

20 THE COURT: Right.

21 MR. ANDERSON: And so that, I think, is the issue -- 23 MR. MESSER: There was some other one, too. There was copper on the plumbing part of it that was not done. So there was more than one issue -- Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 (Sotto Voce discussion between Mr. Anderson and Mr. Messer) 3 THE COURT: Here's the problem. My bailiff yesterday didn't get a lunch, I hardly got a lunch, the court reporter didn't get a lunch. Not doing it again today. I've got to cut this off because I've got another docket starting in an hour.

8 Typically if a party objects to the proposed form of an order, they provide me with their proposed language. You may be being obtuse, I may just be dense. I'm just not following what it is about this language that you take issue with and what modification to it you would propose to address the issue as you see it. I'm just not understanding.

15 MR. ANDERSON: The modification we would request is for all construction on the property to date, no permits are required and no modifications to the construction that's been done are required in order to obtain additional permits. That's the additional language we would request.

21 THE COURT: Okay. Here's what we're going to do. When you get back to your office this afternoon, reply all to the message that I sent you-all late last night. Attach to it a Word document containing whatever language that you propose be modified from what they've Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 submitted. In fact, if y'all can provide that document to him in Word format, that will maybe get us that much farther ahead.

4 MR. MESSER: Sure.

5 THE COURT: And then assuming you want this injunction entered before 5:00 o'clock today, respond promptly -- 8 MR. MESSER: Yes.

9 THE COURT: -- with any objections you have; that is, if y'all can work it out and figure out what form is proper -- for whatever reasons, I'm just not grasping the specific language that you take issue with or what you believe the language should say, and we need to resolve it before 5:00 o'clock today.

15 MR. ANDERSON: I understand the timing issue. If I could ask just one quick question.

17 THE COURT: Certainly.

18 MR. ANDERSON: There's a lot of language on page 2, which you would have in a typical temporary injunction form, but I don't think there's anything that they've shown about plaintiff suffering immediate and irreparable harm.

23 THE COURT: That should be stricken, because as I understand it, that's neither the plaintiff's burden to prove, nor was it a factor. In Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 fact, I think I alluded to the fact that if it were, the decision may be different.

3 MR. ANDERSON: And I don't think you found that the injunction would not cause undue harm to defendant as far as -- 6 THE COURT: Same thing applies there.

7 That's pursuant to the traditional framework within which the Rules of Civil Procedure require an injunction or injunctive relief to be considered, but that is not applicable to this case.

11 So here's what we're going to do. As soon as possible, please modify your proposed order to eliminate those provisions, reply all, and Mr. Anderson will then reply all with his proposal. Y'all can go back and forth as long as you want this afternoon, with or without the Court's being part of those conversations, but at 5:00 o'clock today, I'm going to take all of that into consideration and enter some order.

20 I'll also say that I will not be here at that time. I will be doing that remotely as my surgical follow-up is at 4:00 something today. So getting a hard copy, a physical copy of the order will not be possible until tomorrow morning, but you'll at least know the substantive decision by my remote communication to your Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 3 OF 4 VOLS.

1 messages.

2 MR. ANDERSON: Very good.

3 THE COURT: Thank you.

4 MR. MESSER: Thank you, Your Honor.

5 (Proceedings adjourned)

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1 STATE OF TEXAS COUNTY OF DENTON 3 I, Mellony Ariail, Official Court Reporter in and for the 431st District Court of Denton, State of Texas, do hereby certify that the above and foregoing contains a true and correct transcription of all portions of evidence and other proceedings requested in writing by counsel for the parties to be included in this volume of the Reporter's Record in the above-styled and numbered cause, all of which occurred in open court or in chambers and were reported by me. 12 I further certify that this Reporter's Record of the proceedings truly and correctly reflects the exhibits, if any, offered by the respective parties.

15 WITNESS MY OFFICIAL HAND this the 1st day of June, 2014.

17 /s/ Mellony Ariail Mellony Ariail, CRR, RMR, CBC 18 Texas CSR 3729 Official Court Reporter 19 431st District Court 1450 E. McKinney Street 20 Denton, Texas 76209 940.349.4372 21 [email protected] Expiration: 12/31/2014

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1 REPORTER'S RECORD 2 VOLUME 4 OF 4 VOLUMES FILED IN 3 2nd COURT OF APPEALS TRIAL COURT CAUSE NO. 14-01991-431 FORT WORTH, TEXAS 4 COURT OF APPEALS NO. 6/2/2014 2:41:22 PM 02-14-00143-CV DEBRA SPISAK TOWN OF LAKEWOOD VILLAGE, ) IN Clerk THE DISTRICT COURT TEXAS ) 6 ) VS. ) DENTON COUNTY, TEXAS 7 ) HARRY BIZIOS ) 431ST JUDICIAL DISTRICT

12 ********************************************** 13 EXHIBIT VOLUME 14 **********************************************

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 4 OF 4 VOLS.

1 VOLUME 4 2 EXHIBIT VOLUME 3 PAGE VOL.

Reporter's Certificate with Cost .................. 3 4 Stipulated Exhibits Index ......................... 5 4 Plaintiff's Exhibits Index ........................ 8 4 Defendant's Exhibits Index ........................ 8 4

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 4 OF 4 VOLS.

1 TRIAL COURT CAUSE NO. 14-01991-431 2 COURT OF APPEALS NO. 02-14-00143-CV TOWN OF LAKEWOOD VILLAGE, ) IN THE DISTRICT COURT TEXAS ) 4 ) VS. ) DENTON COUNTY, TEXAS 5 ) HARRY BIZIOS ) 431ST JUDICIAL DISTRICT STATE OF TEXAS COUNTY OF DENTON 9 I, Mellony Ariail, Official Court Reporter in and for the 431st District Court of Denton, State of Texas, do hereby certify that the following exhibits constitute true and complete duplicates of the original exhibits, excluding physical evidence, offered into evidence during the MOTION FOR TEMPORARY INJUNCTION; MOTION TO DISSOLVE TRO AND DENY TEMPORARY INJUNCTION in the above-entitled and numbered cause as set out herein before the Honorable Jonathan Bailey, Judge of the 431st District Court of Denton County, State of Texas.

19 I further certify that the total cost for the preparation of this Reporter's Record is $2,836.00 and was paid by Mr. Art Anderson.

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 4 OF 4 VOLS.

1 WITNESS MY OFFICIAL HAND this the 1st day of June, 2014.

4 /s/ Mellony Ariail Mellony Ariail, CRR, RMR, CBC 5 Texas CSR 3729 Official Court Reporter 6 431st District Court 1450 E. McKinney Street 7 Denton, Texas 76209 [email protected] 8 Telephone: 940.349.4372 Expiration: 12/31/2014

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 4 OF 4 VOLS.

1 STIPULATED EXHIBITS EXHIBIT DESCRIPTION OFFERED ADMITTED 1 General Warranty Deed 9 v2 9 v2 2013-69513 6/7/13 2 Town Limits and ETJ 9 v2 9 v2 5 Official Map 3 Denton County Map of 9 v2 9 v2 Town and ETJ 4 Denton County ETJ Map 9 v2 9 v2 8 of Subdivision 5 Denton County Map of 9 v2 9 v2 Contours 6 Denton County Appraisal 9 v2 9 v2 11 District Records of Property 7 Plat of Sunrise Bay 9 v2 9 v2 13 Subdivision 8 Site Plans and Building 9 v2 9 v2 Plans and Elevations of 15 3960 Spinnaker Run Pointe 9 Stop Work Order 3/13/14 9 v2 9 v2 10 Stop Work Order 3/14/14 9 v2 9 v2 11 Photographs dated 9 v2 9 v2 19 3/10/14 12 Photographs dated 9 v2 9 v2 3/13/14 13 Photographs dated 9 v2 9 v2 22 3/14/14 14 Photographs dated 9 v2 9 v2 3/18/14

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 4 OF 4 VOLS.

1 STIPULATED EXHIBITS (Cont) EXHIBIT DESCRIPTION OFFERED ADMITTED 15 Builder's Registration 9 v2 9 v2 Application dated 4 1/27/14 16 Flowage Easement 9 v2 9 v2 17 Denton County 9 v2 9 v2 Commissioners Court 7 Order No. 10-0045 1/26/10 18 Denton County Notice to 9 v2 9 v2 9 Home Builders and Home Buyers 19 Town of Lakewood 9 v2 9 v2 11 Village Ordinance No. 08-06 20 Town of Lakewood 9 v2 9 v2 13 Village Ordinance No. 08-09 21 Town of Lakewood 9 v2 9 v2 15 Village Ordinance No. 10-01 22 Town of Lakewood 9 v2 9 v2 17 Village Ordinance No. 11-04 23 Town of Lakewood 9 v2 9 v2 19 Village Ordinance No. 11-08 24 Town of Lakewood 9 v2 9 v2 21 Village Ordinance No. 11-09 25 Town of Lakewood 9 v2 9 v2 23 Village Ordinance No. 11-11

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 4 OF 4 VOLS.

1 STIPULATED EXHIBITS (Cont) EXHIBIT DESCRIPTION OFFERED ADMITTED 26 Town of Lakewood 9 v2 9 v2 Village Ordinance No. 4 11-13 27 Town of Lakewood 9 v2 9 v2 Village Ordinance 11-16 28 Town of Lakewood 9 v2 9 v2 7 Village Ordinance No. 13-07 29 2006 International 9 v2 9 v2 9 Residential Building Code, Ch. 1 and 10 excerpts 30 2005 National Electric 9 v2 9 v2 Code excerpts 31 Email between Linda 9 v2 9 v2 13 Asbell and Alan Hoffmann 3/12/14 32 Copy of a map showing 9 v2 9 v2 15 Little Elm and Lakewood Village limits 33 US Army Corps of 9 v2 9 v2 17 Engineer Consent No. DACW63-9-14-0533 34 Declaration of 9 v2 9 v2 19 Covenants, Conditions and Restrictions 20 Sunrise Bay at Lake Lewisville Section One 35 Application for 9 v2 9 v2 22 Development Permit approved by Denton 23 County 36 Elevation Certificate 9 v2 9 v2 37 Form Board Survey 9 v2 9 v2 Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court LAKEWOOD VILLAGE V. BIZIOS - VOL. 4 OF 4 VOLS.

1 EXHIBITS OFFERED BY PLAINTIFF EXHIBIT DESCRIPTION OFFERED ADMITTED 1 Certified Copy of 106 v2 108 v2 Denton County Notice to 4 Home Builders and Home Buyers 2 Plumbing Permit (Record 153 v2 154 v2 6 Only) 3 Fence Permit (Record 153 v2 154 v2 Only) 4 Residential Swimming 153 v2 154 v2 9 Pool/Spa Permit Application (Record 10 Only) 8A Blowup of Plf. Ex. 8 155 v2 156 v2 12 EXHIBITS OFFERED BY DEFENDANT EXHIBIT DESCRIPTION OFFERED ADMITTED 1 Resume of Alan Hoffmann 7 v3 8 v3 2 Rendering 20 v3 22 v3 3 Aerial Picture of 26 v3 26 v3 Bizios Lot

Mellony Ariail, CRR, RMR Official Court Reporter - 431st District Court PLAINTIFF’S EXHIBITS ,. '

STATE OF TEXAS CERTIFICATE TO COPY OF PUBLI C RECORD COUNTY OF DENTON

I hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of Denton County Notice and Resolution - Certa in Residential Construction in Unincorporated Areas of Denton County. The same appea r of record in my office and said documents are the official records from the public office of the Public Works Department of Denton County, Texas, and are kept in said office.

I further certify that I am the Director of Public Works for Denton County, Texas, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office.

In witness whereof I have hereunto set my hand this 141h day of April, 2014.

Bennett C. Howell, Ill, PE, CFM

1 PETITIONER'S B exrrr I ., Denton County Department of Public "Warks Engineering Division 1505 East McKinney Street, Suite 175- Denton, Texas 76209 940.349.3250 phone- 940.349.2991 fax \VWW.dentoncounty.com

NOTICE Ho1ne Builders and Home Buyers On January 26, 2010, Denton County Commissioners Court approved a resolution that applies to certain residential construction in the unincorporated areas of Denton County.

This resolution applies to you if: • You are building a home in the unincorporated areas of Denton County after February 1, 201 0; or • You are remodeling an existing home in the unincorporated areas of Denton County after February 1, 2010 and the addition increases the square footage or value of the existing home by more than 50%. • This resolution applies if you are constructing a single-family house or duplex.

The new home construction and remodel must conform to either: • International Residential Code published as of May 1, 2008; or • The version of the International Residential Code that is applicable in the City of Denton. The State law requires the builder to use either the International Residential Code published as of May 1, 2008 or the International Residential Code adopted by the County Seat, which in Denton County is the City of Denton.

Building in the Extra Territorial Jurisdiction (ETJ): If you are building in the ETJ of a municipality that has adopted a building code for the municipality's ETJ, then the builder follows the municipality's codes. However, the builder is still required to submit the necessary paperwork to Denton County Public Works.

What are the builder's responsibilities?

• Three required inspections during the construction project. o The foundation stage before the placement of concrete; o The framing and mechanical systems stage before covering with drywalJ or other interior wall covering; and o Completion of construction of the residence. o For remodeling projects that meet the definition of this resolution, the number of inspections are based on the scope of work ofthe project Who performs these inspections?

• Licensed Engineer; • Registered Architect; • Professional Inspector licensed by the Texas Real Estate Commission; • Plumbing Inspector employed by a municipality and licensed by the Texas State Board of Plumbers; • Building Inspector employed by a political subdivision; or • Individual certified as a residential combination inspector by the International Code Council. • The builder may use the same inspector for all the required inspections or a different inspector for each required inspection.

Who receives the documentation?

• The builder shall provide the inspection information to the home buyer and Denton County Public Works. • The required forms are attached to this Notice.

o The builder uses the first form to notify the County specifically: • Location of the new residential construction • Approximate date by which the construction will be commenced • The version of the International Residential Code used to construct the home o The builder uses the second form to document the inspections.

RESOLUTION APPLYING SUBCHAPTER F. CHAPTER 233, TEXAS LOCAL GOVERNMENT CODE, TO CERTAIN RESIDENTIAL CONSTRUCfiON IN UNINCORPORATED AREAS OF DENTON COUNTY- BEGUN AFfER FEBRUARY 1, 2010 WHEREAS, the Texas Legislature passed HB 2833 during the 81 a Regular Session codified in Sections 233.151 through 233. 157 of the Texas Local Government Code, to provid~ for the health, safety and general welfare of all Texans through home construction standards in the unincorporated areas of counties, and WHEREAS, the citizens of Denton County desire the construction of quality housing and wholesome Jiving environments for its citizens Jiving in unincorporated areas.

NOW, THEREFORE, BE IT RESOLVED, that we, the Commissioners Court of Denton County, in accordance with Section 233.153, Texas Local Government Code, order that construction of a new single-family house or duplex on a vacant lot begun after February I, 0, in the unincorporated areas of Denton County must conform to either the version of the International Residential Code published as of May J, 2008 or the version of the International Residential Code that is applicable in the City of Denton, Texas; and FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233.153, Texas Local Government Code, any construction of an addition to an existing single-famjly house or duplex, if the addition will increase the square footage or value of the existing residential building by more than 50 percent, begun after February 1, 2010, in the unincorporated areas of Denton County must conform to either the version of the International Residential Code published as of May . I , 2008 or the version of the International Residential Code that is applicable in the City of Denton; Texas; and FURTHERMORE, BE IT RESOLVED, that notwithstanding the above language and in accordance with Section 233. 153(c), if the above described construction occurs in the extraterritorial jurisdiction of a municipality that has adopted a building code for the municipality's extraterritorial jurisdiction, the building code adopted by the municipality controls and building code standards under Subchapter F of Section 233.153 of the Texas Local Government Code have no effect in that municipality's extraterritorial jurisdiction.

FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233.154(a), Texas Local Government Code, a minimum of three inspections must be performed to ensure substantial building code compliance in the construction of a new single-family house or duplex or the construction of an addition to an existing sing]e-family house or duplex begun after February 1, 2010, in the unincorporated areas of Denton County. The three required inspections during the construction project, as applicable must be performed at (l) the foundation stage, before the placement of concrete; (2) the framing and mechanical systems stage, before covering with drywall or other interior wall covering; and (3) completion of construction of the residence.

For remodeling construction to an existing residence in which the structure's square footage or value will increase by more than 50 percent, the inspection requirements must be performed as Resolution- Certain Residential Construction in Unincorporated Areas of Denton. County- Chapter 233 Tex. Loc. Gov't Code -Page I of3 necessary based on the scope of work of the construction project. The builder is responsible for contracting to perform the required inspections with (I) licensed engineer; (2) a registered architect; (3) a professional inspector licensed by the Texas Real Estate Commission; (4) a plumbing inspector employed by a municipality and licensed by the Texas State Board of Plumbing Inspectors; (5) a building inspector employed by a political subdivision; or (6) an individual certified as a residential combination inspector by the International Code Council. A builder may use the same inspector for all the required inspections or a different inspector for each required inspection; and FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233.154(b), Texas Local Goverrunent Code, a builder performing construction of a new single-family house or duplex or the construction of an addition to an existing single-family house or duplex begun after February I, 201 0, in the unincorporated areas of Denton County must, prior to beginning the construction project, provide notice to the Director of Public Works/Engineering. The Denton County Commissioners Court prescribes the Notice of Residential Construction in Unincorporated Areas attached to this Resolution as the required Notice. The notice must include (1) the location of the new residential construction; (2) the approximate date by which the new residential construction will be commenced; and (3) the version of the International Residential Code that will be used by the builder to construct the new residential construction, and FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233.154(c), Texas Local Government Code, not later than the 1Oth day after the date of a final inspection, a builder performing construction of a new single-family house or duplex of the construction of an addition to an existing single-family house or duplex begun after February 1, 2010, in the unincorporated areas of Denton County must submit notice to (I) the Director of Public Works/Engineering and (2) the person for whom the new residential construction is being built, if different from the builder, stating whether or not the inspection showed compliance with the building code standards applicable to that phase of construction. The Denton County Commissioners Court prescribes the Notice of Residential Construction Inspection Compliance in Unincorporated Areas attached to this Resolution as the required Notice.

IN WITNESS THEREOF, we have hereunto set our hands and caused the great seal of Denton County to be affixed this ~ 0 day of "Xttt II'< 201 0. . 1J , j , ADOPTED ~ OPEN COURT the «~ day of Januarx, 2010 upon Motion made by ;Jil/»G- /folr:k./ and seconded by ,d/JP~tt /:)fPS , and _____;[_members of the court being res t and voting. d

RON HANT, COMMJSSIONER PRECINCT2 Resolution - Certain Residential Construction in Unincorporated Areas of Denton County • Cbapter 233 Tex. Loc. Gov't Code ·Page 2 of3 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of the Plumbing Permit Application for 3964 Spinnaker Run Pointe dated April 18, 2013. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village. Denton County. Texas, and are kept in said office.

I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office.

In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March. 2014.

TfQ*l™J?0 Linda Asbell, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas

PETITIONER'S EXHIBIT © LAKEWOOD 'VILLAGE

PLUMBING PERMIT APPLICANT DATE V- /r/3 NAME C T /^6d6 ^^S ADDRESS 3<?'fet/ svmncuiLi^ PHONE Zn- 9I1-C111 ^U-L

DESCRIPTION & DRAWING DESCRIBE WHERE THE PLUMBING WILL BE PLACED ON YOUR PROPERTY.

PLOT PLAN ion to prevent an outdoor slab from being placed < Fan existing customer-owned (private) undergro ,as line, such asin the case of sidewalks and open lios The prohibition on piping within a slab is app ble to all slabs. Exceptions 1 and 2 relate to Sec 403.6.1; see the commentary for that section I [•Commentary Figure 404.14.1).

GAS PIPING

/ANNULAR OPENING SEALED i' • . . . .

SLEEVE THROUGH CATEGORY FOUNDATION WALL TRANSITION FfTTINQ

Figure 404.11 GAS PIPING IN CONDUIT UNDERGROUND BENEATH BUILDING !

contained in the manufacturer's installation instruc is inserted in a piping material for fuel gas uses tions. Gas outlets for CSST systems must be installed buildings. with the termination fitting designed specifically for Figure 404.14.1 that purpose and provided by the CSST manufacturer. •Because of the potential hazard associated wi INSTALLATION OF PLASTIC TO METALLIC PIPING 4.14 Plastic pipe. The installationof plastic pipe shall com- use of a material that has lower resistance to phyj / with Sections 404.14.1 through 404.14.3. damage and heat as compared to metallic pipe, im HUM 14 2Connections. Connections made outside and urn lation of plastic pipe and tubing is limited to areas; bound between metallic and plastic piping shall be made c This section places restrictions on the location and op are both outside of the building and undergroui ,h ,ransition fittings categorized as Category I maccorda erating pressures for plastic pipe in addition to stating Plastic pipe and tubing are widely used for unrjj •&ASTMD25I3. nstallation requirements specific to plastic pipe. ground gas distribution systems because of their of installation and inherent resistance to corroi 1.14.1 Limitations. Plastic pipe shall be installed outside Polyethylene (PE) pipe is the only allowable pi: Because installation of plastic piping is allowed o Icrground only. Plastic pipe shall not be used within or pipe for use with LP-gas, and the code user is dire; Khere both outside and underground, the same !cr any building or slab or be operated at pressures greater to the referenced standard, NFPA 58, which requf] •Lement holds for joining plast.c and meteHicPp 1100 psig (689 kPa) for natural gas or 30 psig (207 kPa) for that PE piping materials comply with ASTM D251| Mechanical compression joints use an elastomc- gas.

The exception makes it clear that ifan equivalent m tseal that must be compatible not only with the pip Exceptions: ofphysical protection is installed, plastic pipe mayj "material but also with the gas that is conveyedI in i minate above ground outside of the building. It iscot fevstem The manufacturer's instructions normaHy 1. Plastic pipe shall be permitted to terminate above mon practice for gas utility companies to irj K use of an internal stiffener insert in conjunct ground outside of buildings where installed in pre-manufactured riser assemblies at their mete" prenianufactured anodeless risers or service head tinnc c..~u « • adapter risers th;it ^n* inciiiio-':« •» Steve Freeman From: Wayne Snell Sent: Wednesday, April 24, 2013 2:56 PM To: Steve Freeman Subject: IFGC

SECTION 403 (I FGS) PIPING MATERIALS 403.1 General. Materials used for piping systems shall comply with the requirements of this chapter or shall be approved.

403.2 Used materials. Pipe, fittings, valves and other materials shall not be used again except where they are free of foreign materials and have been ascertained to be adequate for the service intended.

403.3 Other materials. Material not covered by the standards specifications listed herein shall be investigated and tested to determine that it is safe and suitable for the proposed service, and. in addition, shall be recommended for that service by the manufacturerand shall be approved by the code official.

403.4 Metallic pipe. Metallic pipe shall comply with Sections 403.4.1 through 403.4.4.

403.4.1 Cast iron. Cast-iron pipe shall not be used.

403.4.2 Steel. Steel and wrought-iron pipe shall be at least of standard weight (Schedule 40) and shall comply with one of the following standards: l.ASMEB 36.10. I0M: 2. ASTM A 53; or 3.ASTMA106.

403.4.3 Copper and brass. Copper and brass pipe shall not be used if the gas contains more than an average of 0.3 grains of hydrogen sulfide per 100standard cubic feet of gas (0.7 milligramsper 100 liters). Threaded copper, brass and aluminum-alloy pipe shall not be used with gases corrosive to such materials.

403.4.4Aluminum.Aluminum-alloy pipe shall complywith ASTMB241 (except that the use of alloy 5456 is prohibited), and shall be marked at each end of each length indicating compliance. Aluminum-alloy pipe shall be coated to protect against external corrosion where it is in contact with masonry, plaster, or insulation, or is subject to repeated wettings by such liquids aswater, detergents, or sewage. Aluminum-alloy pipe shall not be used in exterior locations or underground.

403.5 Metallic tubing. Seamless copper, aluminum alloy and steel tubing shall not be used with gases corrosive to such materials.

403.5.1 Steel tubing. Steel tubing shall comply withASTM A 254 or ASTM A 539.

403.5.2 Copper and brass tubing. Copper tubing shall comply with Standard TypeKor I. ofASTMBSS orASTM B280.

Copper and brass tubingshall not be used if the gas contains more than an average of 0.3 grains of hydrogen sulfide per 100standard cubic feet of gas (0.7 milligrams per 100 liters).

403.5.3 Aluminum tubing. Aluminum-alloy tubing shall complywith ASTM B 210 or ASTM B 241. Aluminum- alloy tubing shall be coated to protect against external corrosion where it is in contact with masonry, plaster or insulation, or is subject to repeated wettings by such liquids as water, detergent or sewage.

Aluminum-alloy tubing shall not be used in exterior locations or underground.

403.5.4 Corrugated stainless steel tubing. Corrugated stainless steel tubing shall be listed in accordance with ANSI LC 1/CSA 6.26.

403.6 Plastic pipe, tubing and fittings. Plastic pipe, tubing and fittings used to supply fuel gas shall be used outdoors, underground, only, and shall conform to ASTM D 2513. Pipe shall be marked "Gas" and "ASTM D 2513." 403.6.1 Anodeless risers. Plastic pipe, tubing and anodeless risers shall comply with the following: 1. Factory-assembled anodeless risers shall be recommended by the manufacturer for the gas used and shall be leak tested by the manufacturer in accordance with written procedures.

2. Service head adapters and field-assembled anodeless risers incorporating service head adapters shall be recommended by the manufacturer for the gas used, and shall be designed and certified to meet the requirements of Category I of ASTM D 2513, and U.S. Department of Transportation, Code of Federal Regulations, Title 49. Part 192.281(e). The manufacturer shall provide the user with qualified installation instructions as prescribed by the U.S. Department of Transportation, Code of Federal Regulations, Title 49, Part 192.283(b).

403.6.2 LP-gas systems. The use of plastic pipe, tubing and fittings in undiluted liquefied petroleum gas piping systems shall be in accordance with NFPA 58.

403.6.3 Regulator vent piping. Plastic pipe, tubing and fittings used to connect regulator vents to remote vent terminations shall be PVC conforming to UL 651. PVC vent piping shall not be installed indoors.

403.7 Workmanship and defects. Pipe, tubing and fittings shall be clear and free from cutting burrs and defects in structure or threading, and shall be thoroughly brushed, and chip and scale blown.

Defects in pipe, tubing and fittings shall not be repaired.

Defective pipe,tubing and fittings shall be replaced (see Section 406.1.2).

403.8 Protective coating. Where in contact with material or atmosphere exerting a corrosive action, metallic piping and fittings coated with a corrosion-resistant material shall be used.

External or internal coatings or linings used on piping or components shall not be considered as adding strength.

403.9 Metallic pipe threads. Metallic pipe and fitting threads shall be taperpipe threads and shall complywifhASMHB 1.20.1.

403.9.1 Damaged threads. Pipe with threads that are stripped, chipped, corroded or otherwise damaged shall not be used. Where a weld opens during the operation of cutting or threading, that portion of the pipe shall not be used.

403.9.2 Number of threads. Field threading of metallic pipe shall be in accordance with Table 403.9.2.

403.9.3 Thread compounds. Thread (.joint) compounds (pipedope)shall be resistant to the action of liquefied petroleum gas or to any other chemical constituents of the gases to be conducted through the piping.

403.10 Metallic piping joints and Fittings. The type of piping joint used shall be suitable for the pressure-temperature conditions and shall be selected givingconsideration to joint tightness and mechanical strength under the service conditions. The joint shall be able to sustain the maximum end force caused by the internal pressure and anyadditional forces caused by temperature expansion or contraction, vibration, fatigue or the weight of the pipe and its contents.

TABLE 403.9.2 SPECIFICATIONS FOR THREADING METALLIC PIPE IRON PIPE SIZE (inches) APPROXIMATE LENGTH OF THREADED PORTION (inches) APPROXIMATE NUMBER OF THREADS TO BE CUT l/2 3/410 J/4 3/410 7/s 10 11/4111 I1/2111 111 2i/a 11/212 11/212 Is/813 For SI: I inch =25.4 mm.

403.10.1 Pipe joints. Pipe joints shall be threaded, flanged, brazed or welded. Where nonferrous pipe is brazed, the brazing materials shall have a melting point in excess of 1,000°F (538°C). Brazing alloys shall not contain more than 0.05-percent phosphorus.

403.10.2 Tubing joints. Tubing joints shall be either made with approved gas tubing fittings or brazed with a material having a melting point in excess of I,000°F (538°C).Brazing alloys shall not containmore than 0.05-percent phosphorus.

403.10.3 Flared joints. Flared joints shall be used only in systems constructed from nonferrous pipe and tubing where experience or tests have demonstrated that the joint is suitable for the conditions and where provisions are made in the design to prevent separation of the joints.

403.10.4 Metallic fittings. Metallic fittings shall comply with the following: 1. Threaded fittings in sizes larger than 4 inches (102 mm) shall not be used except where approved.

2. Fittings used with steel or wrought-iron pipe shall be steel, brass, bronze, malleable iron or cast iron.

3. Fittings used with copper or brass pipe shall be copper, brass or bronze.

4. Fittings used with aluminum-alloy pipe shall be of aluminum alloy.

5. Cast-iron fittings: 5.1. Flanges shall be permitted.

5.2. Bushings shall not be used.

5.3. Fittings shall not be used in systems containing flammable gas-air mixtures.

5.4. Fittings in sizes 4 inches (102 mm) and larger shall not be used indoors except where approved. 5.5. Fittings in sizes 6 inches (152 mm) and larger shall not be used except where approved.

6. Aluminum-alloy fittings. Threads shall not form the joint seal.

7. Zinc aluminum-alloy fittings. Fittings shall not be used in systems containing flammable gas-air mixtures.

8. Special fittings. Fittings such as couplings, proprietary- type joints, saddle tees, gland-type compression fittings, and flared, flareless or compression-type tubing fittings shall be: used within the fitting manufacturers pressure-temperature recommendations: used within the service conditions anticipated with respect to vibration, fatigue, thermal expansion or contraction; installed or braced to prevent separation of the joint by gas pressure or external physical damage; and shall be approved.

403.11 Plastic pipe,joints and fittings. Plastic pipe, tubing and fittings shall be joined in accordance with the manufacturer's instructions. Such joint shall comply with the following: 1. The jointshall be designed and installed so that the longitudinal pull-out resistance of the joint will be at least equal to the tensile strength of the plastic piping material.

2. Heat-fusion joints shall be made in accordance with qualified procedures that have been established and proven by test to produce gas-tight joints at least as strong as the pipe or tubing being joined. Joints shall be made with thejoining method recommended by the pipe manufacturer. Heat fusion fittinas shall be marked "ASTM D 2513." 3. Where compression-type mechanical joints are used, the gasket material in the fitting shall be compatible with the plastic piping and with the gas distributed by the system.

An internal tubular rigid stiffcner shall be used in conjunction with the fitting. The stiffener shall be Hush with the end of the pipe or tubing and shall extend at least to the outside end of the compression fitting when installed.

The stiffener shall be free of rough or sharp edges and shall not be a force fit in the plastic. Split tubular stiffeners shall not be used.

4. Plastic pipingjoints and fittings for use in liquefied petroleum gas piping systems shall be in accordance with NFPA 58.

403.12 Flanges. All flanges shall comply with ASME BI6.1, ASMF.B 16.20 orMSSSP-6. The pressure-temperature ratings shall equal or exceed that required by the application.

403.12.1 Flange facings. Standard facings shall be permitted for use under this code. Where 150-pound (1034 kPa) pressure-rated steel flanges are bolted to Class 125 cast-iron flanges, the raised face on the steel flange shall be removed.

403.12.2 Lapped flanges. Lapped flanges shall be used only above ground or in exposed locations accessible for inspection.

403.13 Flange gaskets. Material for gaskets shall be capable of withstanding the design temperature and pressure of the piping system, and the chemical constituents of the gas being conducted, without change to its chemical and physical properties.

The effects of fire exposure to the joint shall be considered in choosing material. Acceptable materials include metal or metal-jacketed asbestos (plain or corrugated), asbestos, and aluminum "O" rings and spiral wound metal gaskets. When a flanged joint is opened, the gasket shall be replaced. Full-face gaskets shall be used with all bronze and cast-iron flanges.

If you have any questions or if I can be of any assistance please let me know.

Thank You

Wayne K. Snell Jr., C.B.O., Building Official Development Services Town of Prosper www.prospertx.gov STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of the Pool Enclosure Permit Application for 3904 Spinnaker Run Pointe dated March 18. 2013. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village. Denton County. Texas, and are kept in said office.

I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office.

In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March. 2014.

Linda7\sbell, TRMC. Town Secretary Town of Lakewood Village Denton County State of Texas

PETITIONER'S EXHIBIT 3l INSPECTIONS COPY ^/^ ?'"' *"* & FENCE PERMIT IAKEWOOD ^ $25.00 VILLAGE AJI Installations Subject To Field Inspections and DATE b Inspector Approval PROPERTY OWNER INFORMATION , ^ // NAME ' \ .( ( I -/ d ~~~ •.——rr.-,7 r, ADDRESS _j / ' / _,...__;./___..! f //) PHONE __± / CONTRACTOR INFORMATION (IF APPLICABLE) (Mole: Contractor must register with the Town) NAME J J i .! <j 'i, ^ ADDRESS : m \... v/-.,- s-i Ml •(. •.

PHONE -M'-h "•••••/- -MU FENCE

IS FENCE A POOL ENCLOSURE?' Y £r N (If yes, $150 fee applies and must meet more stringent pool enclosure guidelines to pass inspection) HEIGHT LJ LENGTH .A-,f Mr ^'' '-/ / , MATERIAL TO BE USED WATERFRONT PROPERTY Y or N

NOTE: Fence cannot impede or change drainage on property.

DESCRIPTION & DRAWING DESCRIBE WHERE THE FENCE WILL BE PLACED ON YOUR PROPERTY.

5^e. Ai-(iAaS ax r\(\r\s> - (s>afc£ n^st aax4t -p^J &ejrr7e£— £.t/u?%r*A*>ter—ji^f^JiJL&L Z^C jHr_ CtJeJL W n-bdJ. anZfrrJ-. All Inspections Shall Comply with 20WIHC Requirement ^-Adopted-Grdinafrces INSPECTIONS COPY APPENDIX G SWIMMING POOLS, SPAS AND HOT TUBS SECTION AG104 SECTION AG101 SPAS AND HOT TUBS GENERAL AGI04.1 Permanently installed spas and hot tubs. Perma AG101.1 General. The provisionsof this appendixshall con nently installed spas and hot tubs shall be designed and con trol the design and construction of swimming pools, spas and structed in conformance with ANSI/NSPI-3 as listed in hot tubs installed in or on the lot of a one- or two-family dwell Section AG 108. ing.

AG104.2 Portable spas and hot tubs. Portable spas and hot tubs shall be designed and constructed in conformance with ANSI/NSPI-6 as listed in Section AGIOS.

SECTION AG102 DEFINITIONS AG102.1 General. Forthe purposesof theserequirements, the SECTION AG105 terms used shall be defined as follows und as set forth in Chap BARRIER REQUIREMENTS ter 2.

AG105.1 Application. The provisions of this chapter shall ABOVE-GROUND/ON-GROUND POOL. See "Swim control the design of barriers for residential swimming pools, ming pool." spas and hot tubs. These design controls are intended to pro vide protection against potential drownings and ncar- BARRIER. A fence, wall, building wall or combination drowningsby restricting access to swimming pools, spas and thereof which completely surrounds the swimming pool and hot tubs. obstructs access to the swimming pool.

AG105.2 Outdoor swimming pool. An outdoor swimming HOT TUB. See "Swimming pool." pool, including an in-ground, above-ground or on-ground IN-GROUND POOL. Sec "Swimming pool." pool,hot tub or spa shall be surrounded bya barrier whichshall comply with the following: RESIDENTIAL. That which is situated on the premises of a detached one- or two-family dwelling or a one-family town- 1. The top of the barrier shall be at least 48 inches (1219 house not more than three stories in height. mm) above grade measured on the side of the barrier which faces away from the swimmingpool. The maxi SPA, NONPORTABLE. See "Swimming pool." mum vertical clearance between grade and the bottom of SPA, PORTABLE. A nonpermancnt structure intended for the barrier shall be 2 inches (51 mm) measured on the recreational bathing, in which all controls, water-heating and side of the barrier which faces away from the swimming water-circulating equipmentare an integralpartof theproduct. pool. Where the top of the pool structure is above grade, such as an above-ground pool, the barrier may be at SWIMMING POOL. Any structure intended for swimming ground level, such as the pool structure, or mounted on or recreational bathing that contains water over 24 inches (610 top of the pool structure.Wherethebarrierismountedon mm) deep. This includes in-ground, above-ground and top of the pool structure,themaximum verticalclearance on-groundswimming pools, hot tubs and spas. between the top of the pool structure and the bottom of SWIMMING POOL, INDOOR. A swimming pool which is the barrier shall be 4 inches (102 mm). totally contained within a structure andsurrounded onall four 2. Openings in the barrier shall not allow passage of a sides by the walls of the enclosing structure. 4-inch-diameter (102 mm) sphere.

SWIMMING POOL, OUTDOOR. Any swimming pool 3. Solid barriers which do not have openings, such as a which is not an indoor pool. masonry or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.

SECTION AG103 4. Where the barrier is composed of horizontal and vertical SWIMMING POOLS members and the distance between the tops of the hori zontal members is less than 45 inches (1143 mm), the AG103.1 In-ground pools. In-ground pools shall bedesigned horizontal members shall be located on the swimming and constructed in conformance with ANSI/NSPI-5 as listed in pool side of the fence. Spacing between vertical mem Section AG 108. bers shall not exceed lJ/4 inches (44 mm) in width.

AG103.2 Above-ground and on-ground pools. Above- Where there arc decorative cutouts within vertical mem groundand on-groundpools shall be designedand constructed bers, spacing within the cutouts shall not exceed 1V4 inconformance with ANSl/NSPI-4 as listed in Section AG108. inches (44 mm) in width.

2006 INTERNATIONAL RESIDENTIAL CODEB 609 APPENDIX G INSPECTIONS COPY 5. Wherethe barrier is composed of horizontal and vertical is not less than the protection afforded by Item members and the distance between the tops of the hori 9.1 or 9.2 described above. zontal members is45 inches (1143 mm) ormore, spacing between vertical membersshallnotexceed4 inches(102 10. Wherean above-ground pool structureis usedas a bar mm). Where there arc decorative cutouts within vertical rieror where the barrier is mounted ontopof the pool members, spacingwithin thecutouts shallnotexceed 1% structure,and the meansof accessisa ladderorsteps: inches (44 mm) in width. 10.1. The ladder or steps shall be capable of being 6. Maximum mesh size for chain link fences shall be a secured, lockedorremovedtopreventaccess;or 2'/4-inch (57 mm) square unlessthe fence has slats fas 10.2. The ladder or steps shall be surrounded by a tenedat the top or the bottomwhichreduce the openings barrier which meets the requirements of Sec to not more than IV4 inches (44 mm). tion AG105.2,Items 1through 9. Whenthe lad der orsteps aresecured, locked orremoved, any 7. Where the barrier is composed of diagonal members, opening created shall not allowthe passageof a such as a lattice fence, the maximum opening formed by 4-inch-diametcr (102 mm) sphere. thediagonal members shallnotbemore than IV,, inches (44 mm). AG105.3 Indoor swimming pool. Walls surrounding an indoor swimming pool shall comply with Section AG105.2, 8. Accessgates shall comply withtherequirements of Sec Item 9. tion AG105.2, Hems 1 through 7. and shall be equipped to accommodate a locking device. Pedestrian access AG105.4 Prohibited locations. Barriers shall be located to gatesshall open outward awayfrom the pool and shall be prohibit permanent structures, equipment or similar objects self-closing and have a self-latching device. Gates other from being used to climb them. than pedestrian access gates shall have a self-latching AG10S.5 Barrier exceptions. Spas or hot tubs with a safety device. Where the release mechanism of the self-latch cover which complies with ASTM F1346. as listed in Section ingdevice is located less than54 inches(1372 mm) from AG 107, shallbeexemptfrom theprovisions ofthisappendix. the bottom of the gate, the releasemechanismand open ings shall comply with the following: 8.1. The release mechanism shall be located on the SECTION AG106 pool side of the gate al least 3 inches (76 mm) ENTRAPMENT PROTECTION FOR SWIMMING below the top of the gate; and POOL AND SPA SUCTION OUTLETS 8.2. The gate and barricrshallhave no opening larger AG106.1 General. Suction outlets shall be designed to pro than '/2 inch (13 mm) within 18 inches (457 mm) duce circulation throughout the pool or spa.Single-outlet sys of the release mechanism. tems, such as automatic vacuum cleaner systems, or multiple suction outlets, whether isolated by valves or otherwise, shall 9. Where a wall of a dwelling serves as part of the barrier, be protectedagainst user entrapment. one of the following conditions shall be met: AG106.2Suction fittings. Pool and spa suction outlets shall 9.1. The poolshall be equipped witha poweredsafety have a cover that conforms to ANSI/ASME A112.19.8M, or an cover in compliance with ASTM F 1346; or 18inch x23inch(457mmby584mm)draingraleorlarger,or [| 9.2. Doors with direct access to the pool through that an approved channel drain system. wall shall be equipped with an alarm which pro Exception: Surface skimmers duces an audible warningwhen thedoor and/or its screen, if present, arc opened. The alarm shall be AG1063 Atmospheric vacuum reliefsystemrequired. Pool listed in accordance with UL 2017. The audible and spa single- or multiple-outletcirculationsystems shall be alarm shall activate within 7 seconds and sound equippedwith atmospheric vacuum reliefshould grate covers continuously for a minimum of 30 seconds after located therein become missing or broken. This vacuum relief the door and/or its screen, if present, arc opened system shall include at least one approved or engineered and be capable of being heard throughout the method of the type specified herein, as follows: house during normal household activities. The 1. Safety vacuum release system conforming to ASME alarm shall automatically reset under all condi Al 12.19.17; or tions. The alarm system shall be equipped with a manual means, such as touch pad or switch, to 2. An approved gravity drainage system. temporarilydeactivate thealarmfora singleopen AG106.4 Dualdrain separation. Singleormultiple pumpcir ing. Deactivation shall last for not more than 15 culation systems have a minimum of two suction outlets of the seconds. The deactivation s\vitch(es) shall be approved type. A mi nimum horizontal or vertical distance of 3 located at least 54 inches (1372 mm) above the feet(914 mm)shall separate the outlets.These suction oudels threshold of the door, or shall be piped so that water is drawn through them simulta 9.3. Other meansof protection, suchas self-closing neouslythrough a vacuum-relief-protected line to the pump or pumps. doors with self-latching devices, which are approved by the governing body, shall be accept AG106.5 Pool cleaner fittings. Where provided, vacuum or able so long as the degree of protection afforded pressurecleanerfitting(s)shall belocatedinan accessibleposi- 610 2006 INTERNATIONAL RESIDENTIALCODE" STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of the Residential Pool/Spa Permit Application for 6613 Autumn Mist Cove dated January 10. 2012. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village. Denton County, Texas, and are kept in said office.

1 further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that 1 am a lawful possessor and keeper of the records in said office.

In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March. 2014.

C^r^V^P^.

Linda Asbell. TRMC. Town Secretary Town of Lakewood Village Denton County State of Texas

PETITIONER'S EXHIBIT INSPECTIONS COPY RESIDENTIAL SWIMMING POOL/SPA PERMIT APPLICATION © LAOWOOD ^—"VILLAGE Project Address (PRINT LEGIBLY) Legal Description: Lot Hi. Block \ Subdivision *bm&rj&- &M Phase

Property Owner: _ -V^eCVl 6BP<3^YVVV_ Owner Phone: fW. )7&l--W£> Contractor Name (Company) Contact Name Contact Phone Number Pool : &\D&2£&{$> ^AC40^^ (bjmyev^ OU -U&L -33g>5 Electric:" _Qg2l2££L Kkf:fc^^^_ c^K -<&& <^&Lp[ Plum bing:T^rvC¥< F^f &C/L& ^Q^Qggg^: :3& - *ne>-•srei All contractors must holda Ida current registration with the Town and he in good standing in order for applications to be accepted or processed.

TYPE OF WORK: ^-fool/Spa Combination . Pool-Inground Pool-Above Ground SpaOnlv (SELECTONE) Valuation of Work: S •Irs _^2^^^tt02pcr UP .OOP 'Square Footage (Total Area): UQQ\.

Heater: /CYRANO Diving Board:<^D NO P-Trap: YES/£j©~> (Ifyes: LPGasflgalura (P-Trap & Backwash line required on all sanitary sewer properties) (LP Gas requires Railroad Commission paperwork be provided in permit bag prior to pool final.)

Deck encroaching into drainage easement shall not he a structural element of the pool structure.

New Fences surrounding pools, not done by pool contractor, require separate permits and are subject to special requirements. (Refer to Appendix G, Section AGIOS. 2006 IRC. for Pool Harrier Requirements) EVERY PERMIT ISSUED SHALL BECOME INVALID UNLESS THE WORK ON THE SITE AUTHORIZED BY SUCH PERMIT IS COMPLETED WITHIN 90 DAYS AFTER ISSUANCE;. ALL PERMITS REQUIRE FINAL INSPECTION.

I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING TIMS TYPE Ol- WORK WILL BE COMPLIED WITH WHETHER SPECIFIED OR NOT. THE GRANTING OI-' A PERMIT DOES NOT PRESUME: TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING EATING CONSTRUCTION CQNSTRacTK OR THE PI Kl (IRMANCE OF CONSTRUCTION.

Signature of Appl icant: \l JffftfZSk Date: ,Jje/j 12— Contact Name: ,hfoSX&X- Z-U4 ~l%Z\rT&!Zg> Phone: (PRkNf I.F.GIBI.Y) PLANS EXAMINER USE ONLY:.

Plans Approved By: <JVt>£. ^ffftLBYy^ Permit Fee: S Date Approved: Special Conditions / Comments (|f?4Q*H..

5^ ui w^ Permits expire after 90 days of issuance. Permits are not transferable.

Revised 11-14-06 INSPECTIONS COPY "'^'application FOl FOR DEVELOPMENT PERMIT (ADP) (02/10) Denton County Flood Damage Prevention Ordinance Planning Department, Denton County, Texas _____ I , UT h - APPLICANT INFORMATION ^TTESIDENTIAL PERMIT IERCI/M. PERMIT First Name: nAftAgcmeg- Company asi Name Phone 2J<4 - ^ i - ^ - ^ s S Address Fax City, State, Zip: Email PART B - PROPERTY' INFORMATION DCAD'R'#: lfr#frfr fc Land Area (Acres) 1A<\ Hr<- Owner's First Name: Owner's Address Owner's Last Name (jrfca »-< -» K-i Owner's City, State, Zip "Brroperry Is part of a.Subdivtslo D Property Is part of an Abstract: Name: <affigL£r^j^(j&EL Number Phase: Name: Block: i. DCAD Tract: Lot: 31 County Tract:. (pLol~> #i>TUw£ wiiiT Cv\S€- PART C - DEVELOPMENT INFORMATION Application is for: 0 House O Manufactured House D Escavation/Flll ETTjther (if "Other", describe the proposed improvement on the Hue below) \Anppg/lD peel,-spa frrzgprr ,fTOPL^£>ppct.^p^,fazrpnr _ Busting.BgumEaame. \poy D Address or Road Name: '^tt/3 Ui^A-i/V1 ^/JT6) \J£Q'Address Requested: QQ <(N> &'Precinct* / APPLICANT MUST ATTACH A SITE PLAN SHOWING LOCATION OF PROPOSED AND EXISTING IMPROVEMENTS, THEIR DISTANCE TO AT LEAST TWO PROPERTY LINES, DISTANCE FROM THE ENTRY ROAD, NORTH ARROW SHOWING ORIENTATION OF PROPERTY, PERJVUT APPICATION FROM THE FTRE MARSHAL AND ANY OTHER REQUIRED DOCUMENTATION, £J Ufcycno &iu** £TA Acknowledgment: The Flood Insurance Rate Maps (FIRM) and other flood data used by Denton County in evaluating flood hazards to proposed developments are considered reasonable and iiccunue for regulatory purposes and are based on the best available scientific and engineering data.

On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. Issuance of a Development Permit in accordance with the Denton County Flood Damage Prevention Ordinance does not imply that development outside the areas of special flood hazard will be free from flooding or flood damage. Issuance of a permit shall not create liability on the part of Denton County or any officer or employee of Denton County in the event flooding or flood damage does occur. • Construction of improvements should not be commenced at the above location until the Owner/Applicant is in compliance with all applicable regulations regarding floodplain management, subdivision platting, and zoning for the government of Denton County This permitdocs not waive any other restrictions or regulations imposed privately or by law.

Applicant verifies that she/he has signed this application in the capacity designated, if any. and further attests that she/Tie has read this document, and dial the statement contained herein and any attachments are true, accurate and factual.

Violation of this verification may result In Applicant being prosecuted under Texas Penal Code §37.10 (a) (1) PART D - SIGNATURE equest Architectural Plans be returned upon approval Signature: Date: :• <fflt> c?s PART E - DENTON COUN For Office Use Onhl Permit Number: £0\\ Fees Paid: /VWfNi Cash:_______ •

FIRM Panel ft Check « Reviewer: In SFHA: Zone: y*. (Y) w Engineering Review: (Yl IN) HQBCj _tf.ORCI£Lc_ Fire Marshal Permit: £j Culvert Permit: tt m Denton County Planning Department (940) 349-2990: Main • (940) 349-2991: Fax 1505 E. McKiimcy St. Ste 175. Denton. TX 76209-4887 <is*&y (972) 434-8868: Metro • www.dcmQRCounty.cpiu i rue-S- y* •s>*? e>'*'3 i~3~7 — cr /e-^ <* -/.»«-> /<C^ C "Ar • .

1*6 U°ici XA= <-* A. » OPY j! s»Ji ! if i ! sip N,|

:

I n I

a c_ o u fD fc

llil E. AE>I7END0M» _

i OP All Inspections Shall Comply With Pl<5 TES5 2006 IRC Requirements -J?ATE_ & Adopted Ordinances •use

CE WORK BY RIVERBEND SANDLER POOLS IS" out of ground . -OSE IN (NUMBER OF SECTIONS) 1VERSEGATE (NUMBER OF GATES) USE GATELATCH (NUMBER OF LATCHES) negative 3D GATESPRING (NUMBEROF GATES) STALL BEVELEDRAILS(LINEAR FEET) W FENCE INCLUDED IN CONTRACT bosln- CE WORK BY OTHERS "O I—letro •W FENCE OFF CONTRACT BY OTHERS ICXX llghU- .OSE AND CODE BY OTHERS MC-1 *Q, -2' ret. wall 1234567890 IKLER WORK BY RIVERBEND SANDIER POOLS o /7\\\\© MPORARY SPRINKLER RE-ROUTE W RINKLER RE-ROUTE vo o RINKLER FILLLINE(IFZONE IS AVAILABLE) (AS SO" wall 'Q.

boulder coping - <• NKLER WORK BY OTHERS 5< RINKLER RE-ROUTE BY OTHERS plo- RINKLER FILL BY OTHERS /cv <^A boulder. der/JpVglJ 0/ 4> 135 ST. tS/ o> ^ 161 LJ=.

TJ » te> // .A&'-A' \o rocksllde footlng- *& ***••*. +. foam Jete^ grotto- '[Oil l\OQ){BF.\ h r 70, TANNING LEDGE waterfall footing - */I •*. boulder wall to hide elide" XJ> .p; boulder *v.""^-—_ "coping J ' (f I—pool beam 6'dla. x STANDARD ROCK COPING "16" tall t>pa v- textu w/ Waterline Tile 521 SF.

MINI. concr -bench MAX. concrete textured concr*i»

ROCK TYPF STANDARD BEAM -DtortA ntf^p .Ol •it ovj^-jju v/r>i-.jiai.jd 1:1 (_ SVS D OlcUOHT^ffl SNVldlOOd a3AOiHdV -26'4B- -i2'0u- • t-0' zVPJSOO -^S'-*11- Drpth it mrtsurtd from niter surface

GENERAL SPECIFICATIONS Unless otherwise stated in the Contract, the construction ol pool will conform to the following specifications.

POOL/SPA POOL ONLY Surface Sq. Ft:_ 1.001 Surface Sq. Ft.: 156 Perimeter Pnnl Si7»- W.NlW Gallons: EXCAVATION I. Buyers POOL Site is Located inside Loop 635 which requires excavated pool trucked to a dump site over 3 miles from the POOL SITE tit Thu [required equipment to excavate Buyers POOL Site will be Large tit-end loader will be required to move pool soil to a remote dump truck I Jom the poolsite | day of Excavation, we will pre grade orcut down yard QFeet atthe STORAGE ROOM We willremove QSquare Feet of Concrete. We willsaw cut_ aet of concrete.

STRUCTURE pYool structure will be built for Normal Soil conditions as statedon Contrat the normal structure due to soil conditions, if any, are as follows: •eee beam biA s r . (h Plea: [Ma] Eta Steel Schedule: Superstructure Gunite: None Chemical ln[«ninn Chemical In TEXTURED CONCRETE 1SINK 1 s 5. Seller will installthree (3) gunite steps per plan that totalL2_square feet in th EST RIVERBEND SANDLER H the depth of the third step will vary depending on the step locations. The folio •AbO 5F. O additional structural items are included in the pool: concept* W # of Bencbes:2_Total LengthJi__FL Sundeck#J TotalSquare E # of I ovesaats^ Pool Out of Ground: Expanded Pool Beam: R TILE/COPING 6. Seller to install 353 ft. of 6" ceramic wateriine tile andil ft. of 6" rock tile a; r**« @f 7. Seller will use decorative masonry materials to construct pool as specified on ELECTRICAL 8. Seller's electrical installation will meet current National Electrical Codes and V

A^Jl codes and includes complete wiring of all equipment shown.

9. Seller has Included all brass and PVC conduit necessary for proper electrical EQUIPMENT m Filter- Jandy NL Backwash Vlv Upsff^faiion P„mp. 1NTELL1FLORUV /

II. Automatic Time Clock & Freeze Sensor included for tho Circulation pump Ifc not selected. / 12.Chlorine Dispenser - Rainbow 320. Optional Additional Type: Aqua Pure S; *""> 13. Computer Center Jandy PDA PS8 (Pool/S»fa Side Contrnl/None 14.Additional Booster iriuwita/iin.imiou c . rAUUil•«>:!.n cjlkj:<iUI Motorfs) included with " ' » ' pool: p^v. 2f , / —

IS.Heater Size with Electronic Ignition: lANDY I RZ400 NATURAL HEAT Gas Line: 0 feetto heaterand Hookuo ifgas line Islauded.

16.Bar-B-QuoGas Line: 0 feet (Hookupand Pit InstallationIs not included) 17.Diving Board Size and Typ« SR SMITH 6 FT D\<f)- HOARD WHITE 18.Cleaning System: Polaris 2X0 TVpo of Slide: None SPA SPECIFICATIONS 19.Spa Elevation:JJL Inches. Spa will have Two (2) Safety Main Drains i i a£F~y>*. miro.

c ^f-^l MAX m "• —^^^—^—^— vj!*rJ!si_ ROCK TYPE iSIAHDARO r—, KOILING ROCK BEAM LJ BOLDERS *. « • L7J SLAB ROCK

. ) Revised 02-IB-C5 11-A| EXPANDED BEAM PROFILE

RIVERBEND SANDLER'S EXCLUSIVE EXPANDED IS' SUPER STRUCTURE w / I/2" STEEL ON IC" CENTER INCLUDED IN PROPOSAL

COPYRIGHT 2011: THIS PLAN MAY NOT BE USED OR REPRODUCED, OTHER THAN Buyer to wet down gunite once daily for seven davs and when plastered, to brush plaster in accordance with requirements foi

RIVERBEN 4016 W. PLANO MWY.

16.Bar-B-Que Gas Line: 0 feet (Hookupand Pit installationis not Included) 17.Diving Board Size and Tvoe: SR SMITH 6 FT Dl^E BOARD WHITE 18.Cleaning System: Polaris 280 Typeot Slide: None SPA SPECIFICATIONS 19.Spa Elevation: 1S_ Inches. Spawill have Two (2) Safety Main Drains a/d F 20.# of Hydro TherapyJets:5 Air Blower Typeand Size: ' Optional Spa Booster System NOTincluded / POOJ<: PLUMBING / 22. The pool will have 2 SKIMMERS, jl RETURNSand 2 SAFETY MAIN I 23. Seller will use aminimum of 2" RUCTION and 11/2" RETURN Llf^ES.

24. Seller will install an overflow outlet to drain excess water from jwol and an integr? refill line attached to the hosp'bib "*l ifaccessible. if accessible. OptionalFillip Optional Fill L<;irp Autpfill 25. Seller will install a Backwash Line to P-Trap with sight glas* and vent valve 1 6.Seller will install a Separation Tank /. 1 • uses positive lock Jandy Never-Lube valves at at squipi equipment.

DECKING & POOL DRAINAGE SYSTEM 28.lf Seller instai ! decking, the thickness or the concrete willbe 4", the stee reinforcement ity/ill"fee3/8" rebar on 12" centers and the cushion sand under the cc decks will bei a a" minimum minim of 4". , of Deck: Deck - Colored Release Tc/turc . Sq.FL:3 Othe^Oeoking: \ J— . Sq. Ft.:iJ Square)4«tofTurndown Beams: j&v / Deck Steps Length:£ Expansion Joints: Expansion Joints Sjrwcul # of Deck Piers:0 30.Mas/lc will be InstaTfad between coplrfg and concrete deck. Color: Dcco Seal Tai 31.If/Seller installs coofec^tettecks, Seller will Install drains in immediate pool area us sewor/drain pipe, nnjss draimgwtes are used on deck drains. Down spouts In th 'immediate pool«ije will be connected and /or planterdrains will be Installed Inthe / area and tied filowainage system. , Deck Drams will runoutJfom poooi!— feetandwill terminate at the 18Tfl There isvymp pumpyncluded to pump excess water from pool area «i /POOL INTERIOR FINISH Type otjnuirior FinishrHiver Sand Prcm Kinish Color. Not Selected /^ /ADDITIONAL SPECIFICATIONS Buyer\ls responsible for the cost to repair any UTILITIES damaged during constru the (Wol and meeting all Nationaland City BARRIER CODE REQUIREMENTS.

/CUSTOMER INFORMATION 103523 Name:, JASON GOODMAN Mapsco: 4£JiL Addros's: 6613 AUTUMN MIST COVE City; LITTLE ELM State: Texas Zip: 2i!M_ Job" Site Address: 6613 AUTUMN MIST COVE .City: LITTLE ELM State: Texas Zip: 75068 Jlome Phone: 469-247-1488 Work Phone:. /Cell Phone I: 469-247-1488 Cell Phone 2: Subdivision: SUNRISE BAY AT I 1-WlSVII.t.K LAKE Lot: 2i . Block: RESIDENTIAL COMMERCIAL • NEW HOME CONST. Submitted By: Date: (UotptMialU-l S.t..l.77T Buyer: . (Hu)erSita«ture, Date:

Buyer: . (HuyrrMgnaluir) Date: Accepted By: HANK HENRY Date: <MI>flbfilit S.n.lUr I HEBBffl PIANO TV 7^001 Plaintiff’s Exhibit 8A Blown-up Duplicate of Plaintiff’s Stipulated Exhibit 8 (Not included) STIPULATED EXHIBITS Exhibit 1 J9513

**** Electronically Filed Document **** Denton County Cynthia Mitchell County Clerk

Document Number: 2013-69513 Recorded As : ERX-WARRANTY DEED

Recorded On: June 07, 2013 Recorded At: 01:42:11 pm Number of Pages: 3 Recording Fee: $24.00 Parties: Direct~ LANGLEY KELLY 8 Indirect- Receipt Number: 1050348 Processed By: Jane Kline

**********"**THIS PAG E IS PART OF TH E INSTRUMENT uuuuuu Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law.

Tti (. SrATE Uf TEXAS) COUNTV O F D ENTON) I ~ucby ct.rlilJ' U.at tlt.is Lnatnt..CJ\t wu r-ILED In t.h~ Ftlc Nva\u r u .qucncc- \In t.ht \lttcl•i•c ..u~lc.tl .e,on, -.11d wu d~o~Jy RECOROEO V. tlile Olfici• l R•co' t\r o r 0 1 nlon Cow.ty, Tu u .

County Cl u k · (hMao Coat~ty, "Tu:u Doc-69513

\soa L~ !3s+t2-1 NUTlCE Of! CONFIDENTfA LlTY RIGHTS: IF' YOU Allli A NATUHAL l'JmSON, YOU MAYRW\iOVE ORSTlUKEANY OR ALL OlfTHE FOLLOWTNG lNii'ORMATION FROM At'iY JNSTRUIVIRNT Tl:IAT TnANSFERS Ai~ INTEREST IN HEAL PROPERTY BR)<OlrE lT JS FIL£.;1) FOn R!i:COIW IN Tfm PUBLIC lUWO£UlS: VOfrlt SOC[AL SLi:ClllHTY NUMDER OR YOTJR IHUVER'S LTCENSE NUi'vll!ER.

GFf~J5001425f'K(l'X:L'R IW(

GENERAL 'vVARRANTY OILED STATB OF TEXAS § § l<NO\V ALL MEN BY THESE PRESENTS: COUNTY Or DENTON § That Kl!:LLY U! LANGLK\' AND WfFE, I<A'l'ffLgi':N l,ANGLEY (hereinafter c~1 1l cd "Grantor," whether one or more, masculine, feminine or neuter) for ami in considcmtion oflhc sum ofTEN and no/ I00 DOLLt\ RS and other good and valuable consideration, the receipt ond odcquaoy of which :we h.::r.::by ncknnwledgcd, pnid by Ht\..lW. y .1. lllZfOS whoso address is: <C. { 0::L..5:w.e._-e._'1_~.r:-J..; __ r:·k· 1 ~c.~ 75 0 3 Y. (hen:lnnller en lied "Omntc:e," whether one or more, masculine, feminine or neuter), for which nn lien Is retained either exprc,>s or implied, has Gmntcd, Sold and Conveyed, nud by these prc.SCIIIS docs l\CrcbyGrant, Soil ami Convey, uuto the said Grantee all thnt certain real property located iu Denton County, Texas and described as fo llows: LOT 114, BLOCK l OUSUNRlSI!:JIAY ATT,t\ICF. LIL\VII:IYILLE, AN A.OlllTIONTOTHF.

CITY OF LITTLE ELi\1, DENTON COUNTY, TEXAS, ACCORDING TO nm PLAT THEREOF R ECOIWEO II\' C;\JlJNET L, PAGE 22•1, PLAT m~COIUIS, DENTON COUNTY, TRXAS.

together with <Ill improvements thereon, if any, and all rights, privi leges, tenements, hereditaments, rights ofw:~y, casements, appendages nnd O[l[ltlrtt.mances, in nuyWl\Y appertaining thereto, and all right, title and interest of Grantor in nud to till}' streets, ways, alleys, strips or gores of land adjoining th(J nbovc-doscrlbed property or any p:nt thereof (hcrcinallcr, the "Property").

This deed is c.xccutc11 and delivered subject to all easements, I'CSl'rvnlions, conditions, covennnls ttnd restrictive covenants ns the same nppear of record In tftc otlicc ofthe Cot1nty Clerk of the county In which the Propei·ty is located.

Page l I -p · -·. ·-- .. - - - . - .-- ·-·· Doc-69513

TO I-IAVE AND TO HOLD the above described Property, together with all and singular the rights and appurtenances thereto in anywise belonging ltnto the said Grantee, his, her or its successors, heirs and assigns, as the case may be, forever; and Grantor does hereby bind Grantor and Grantor's successors, heirs, executors and administrators, as the case may be, to \Varrant and Forever Defend all and singular the said Prope1ty unto the said Grantee and Grantee's SlH.:<.:essors, heirs and assigns, as the case may be, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof.

Executed th;s the _t day of ~-·f.!..MA.- _ _ _ __ , 20~

'R-Q ACKNOWLEDGMENT STATE OF TE~As § COUNTY OF j)(JJ}Jv.J § Before me, the undersigned authority, on this day personally appeare~LY B. LANGLEY Al~D KATHL ~. ~ N LANGLEY [check one] _ known to me or _ proved to me through --------\--v-...,_...<....>....~""""'--- (description of identity card) to be the person whose name is subscribed tot 1e foregoing instrument, and acknowledged to me that said person executed the same for the purposes and consideration therei n expressed.

Given under my hand and seal of office this 1 day of ~L( , 20_B

After Recording Return To: IIARRY .T. IHZIOS

~~y_s~ Page 2 CERTIFIED ATRlJE AND OOR.RtiO'r OF THE RECCRo ON FILE IN ~om'J CYNTHIA MITCHEU. " ~ ~-~ )EN'I'O . #'tqL- NTYCUAK _ __ DepUty Ckri Exhibit 2 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of the Town of Lakewood Village Resolution 12~0 1. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office.

I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that 1 am a lawful possessor and keeper of the records in said office.

In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 16th day ofMarch, 2014.

~d_o_~~ Li Cia Asbell, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas THE TOWN OF LAKEWOO)) VILLAGI 1: , TEXAS RESOLUTION NO. 12-0 I

A RI~SOLUTION OF TJ-m TOWN COUNCIL OF THE TOWN OF LAKJi:WOOD VILLAGF.., DENTON COUNTY, TEXAS, ADOPTING AN OFFICIAL TOWN MAP OF THF- COJ1POI~ATE UOUNDARIF.S AND Tl-IE EXTRA TI~RRITORIAL BOUNDARIES OF THE TOWN OF LAKEWOOD VILLACE, TEXAS.

NOW, THEREFOIU~ . Lm IT IH:SOLVEI> BY Tim TOWN COUNCIL OF TI--m TOWN OF LAKEWOOD VILLAGE, TEXAS: I. That the map or till: boumlariL'S or thl.! town limits and Extra Territorial Jurisdiction Limits ol' the Town or l.akl.!wood Villngc prl:s~ntl'd to the Town Council at th~; Town Council meeting held on April 12. 201 2 is hereby adopted and approved as the oflkiul map or the Town or Lakewood Village, Tex•1s and amends nnd replaces any previous official map or the Town or l.a kcwood Vi II age, Te:-.;as.

2. That the original or this map, attached as exhibit /\, shall be maintained in tht.: orficL" or the Town Secretary.

3. That the Town Secretary is hereby directed to lile with the County Clerk or Dcntnn County a ccrti lied ~.:opy o f this Resolution and map.

PASSED AND APPROVED by thl: Town Coum;il ol' the Town or I.ak~wood Village.

Texas this 12 day or April200 12.

1\Til~ST: Resolution 12-U I Exhibit 1\

TOWN OF L/\KR~IOOD VILLAGE OFFICIAL MAP

Oak Point Little Elm City Limits Oak Point City Limits ETJ

) Little Elm I ETJ -+

La kew~o d Village ETJ r-- _. ,.· ' ,. , / Lakewod Village ( Town Limits l \.-~;;

R ~so lution I 2-0 I Pnge 2 of2 Exhibit 3 DEPARTMENT OF TEcHNolOGY 5ERvJCEs 940-349-4500 KIMBERLY DR., SUITEA285 Fax: 940-349-4501 DENTON, TX 76208-6301 www .dentoncou nty.com

March 27,2014

Dear Sir/Madam, I hereby certify, in the petformance of the functions of my office, that the attached instruments are fitll, true and correct copies of the maps maintained by the Geographic Information Systems. The same appear of record in my office and said documents are the official records from the public office of the GIS Depa1tment of Denton County, Texas, and are kept in said office.

I further cettify that I am the Manager of GIS Depmtment of Denton County, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office.

In witness whereof I have hereunto set my hand and affixed the official seal of Denton County this 27th day of March, 2014.

Rachel Crowe GIS Manager, Department of Technology Services Denton County Kimberly Dr. Suite A285 Denton TX 76208-6301 940-349-4590 Rachcl [email protected] Lakewood Village

Mary Hom- County Judge Hugh Coleman- Commissioner Precinct 1 Ron Marchant- Commissioner Precinct 2 Bobbie J. Mitchell- Commissioner Precinct 3 Andy Eads-- Commissioner Precinct 4

• INTERSTATE --E}-- U.S. HIGHWAY -(!!}-- STATE HIGHWAY ~ FARMTOMARKET MAJOR THOROUGHFARES MINOR ROADS ttt CEMETERY RAILROADS ;- ....., . AIRPORTS --..-- STREAMS

lAKES & PONDS

City Population Denton> 100,000 Lewisrille 40,000- 100,000 Corintbl~ 39,999

-·- s.a,u-~9,999

N A NAD 1983 StatePiane (Zone 5351) Texas North Central Lambert Confonnal Conic N

W ~ ~;z~~ E

s inch = 0.1 miles March 25, 2014

This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the--ground survey and represents only the approximate relative location of property boundaries.

Denton County does not guarantee the correctness or accuracy of any features on this product and assumes no responsibility in connection therewith.

This product may be revised at any time without notification to any user.

CONTACT INFORMATION LAHOIIARKIIAP GIS: gis..dentoncounty.com E-MAIL:: gis8dentoncounty.com

DEPARTMENT OF TECHNOLOGY SERVICES Exhibit 4 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby ce1tify, in the performance of the functions of my office, that the attached instnunents are full, true and correct copies of Extra Territorial Jurisdiction Map showing the Sunrise Bay area. The same appear of record in my office and said documents are the official records from the public office of the Town SecretaJy of the Town of Lakewood Village, Denton County, Texas, and are kept in said office.

I further ce11ify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a Lawful possessor and keeper of the cecords in said office.

In witness whereof I have hereunto set my hand and affixed the official sea] of The Town of Lakewood Village this 26th day of March, 2014.

Ltn a Asbell, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas •) Exhibit 5 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of Extra Tenitorial Jurisdiction Map showing the 2-foot contours of the Bizios Property area. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town ofLakewood Village, Denton County, Texas, and are kept in said office.

I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office.

ln witness whereof I have hereunto set my hand and affixed the ofticial seal of The Town of Lakewood Village this 26th day ofMarch, 2014.

Lm Asbell, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas Exhibit 6 DENTON CENTRAL APPRAISAL DISTRICT CERTIFICATE OF AUTHENTICITY OF OFFICIAL RECORDS STATE OF TEXAS COUNTY OF DENTON BEFORE ME, the undersigned official on this day appeared ROGER HARRIS, who is personally known to me, and first being duly sworn according to law upon his oath deposed and said: My name is ROGER HARRIS. I am over 18 years of age. I have never been convicted of a crime, and I am fully competent to make this affidavit. I have personal knowledge of the facts stated herein, and they are all true and correct.

I am custodian of records of the DENTON CENTRAL APPRAISAL DISTRICT.

Attached hereto is 1 page of duplicate copies of official records from the District's Appraisal Records. These said pages of records are kept by the Denton Central Appraisal District in the regular course of business, and it was the regular course of business of the Denton Central Appraisal District for a representative of the District with knowledge of the act, event, condition, opinion, or diagnosis, recorded to make the record; and the record was made at or near the time of receipt of same or reasonable soon thereafter. The records attached hereto are exact duplicates of the originals.

Y~\l.;ce:· ROGE RRIS CUSTODANOF THE RECORDS SUBSCRIDED AND SWORN TO BEFORE ME ON THE 26th day of March, 2014, to certify which witness my hand and official seal.

Enclosure: NOTAR PUBLIC m and for the State of Texas Owner Records (Screen Prints) for: PID 182659 DATE--3..;;;...t-/....;Z_;;<o~/...:..f<{....___ I HEREBY CEHilfYlHATTHIS IS ATRUE Afl) CORRECT COPY OF TIE RECORDS OF "iME DENTON CENTRAL APPRAISAL iiiST'RICt RUDY DURHAM. CHIEF APPRAISER sv'Rd--c~ CONVOYA 0

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Page 1 of 1 Effective Date of Appraisal: January 1 Date Printed: 03/26/2014 02:32:27PM by rogerh True Automation, Inc. Exhibit 7 OWNERS CERTIFICAT,!.ON NOW THEREFORE KNOW ALL MEN BY THESE ~RESENTS• STATE OF TEXAS COUNTY OF DENTON THAT, PROPERTIES· OF THE SOUTHWEST INC, OWNER, ACTING BY AND THROUGH ITS VICE PRESIDENT, MAR.GUS SMHH. tlUL Y AUTHORIZED TO SO ACT, DOES HEREBY~AQQPT THIS PLAT DESIGNAl!NG THE HEREINABOVE PROPERTY AS ' SUNRISE BAY A'f LAKE LEWISVILLE', AN AUDITION TO DENTON~COUNT'f, TEXAS, AND DOES HEREBY DEDICATE TO THE PUBLIC USE FOREVER THE STREETS AND EASEMENTS SHOWN ON THlS PLAT FOR THE MUT~AL USE AND J'lLL THAT CERTAIN TRACT DR PARCEL OF LAND BEING SITUIHED rN. DENTON COUNTY, TEXAS,~ BEING A PORUOI'I THENCE SOUTH 04" 25' 32' EAST, 157. B5 FEET TO A GOVERNMENT MONUMENT FOUND•~ ACCOMDDATIQN OF ALL PUBLIC UHLIT!ES OESIRIMG TO USE DR UsiNG SAME. ANY PUBLIC UHLITY SHALL HAVE THE RIGHT TO REMOVE AND KEEP OF THE OR. W. BREASHEARS SURVEY, ABSTRACT NO. 1634; .ANQ THE J. KING SURVEY, ABSTRACT NO. 718, REMOVED ALL DR PAIJ,J OF ANY BUILDINGS, FENCES, TREES, SHRUBS OR OTHER IMPROyEMENTS OR GROWTHS WHICH IN ANY WAY ENDANGER OR INTERFERE AND THE WM. H. PEA SURVEY. ABSTRACT NO. IIJ4'4, ANO THE DAVID M._ CU~E SURVEY, .ABSTRACT NO. · THENCE SOUTH 51"46'08' WEST,_ 14'3".83 FEET TO A GOVERNMENT MONUMENT FOUND• WITH THE CONSTRUCTION, MAINTENANCE DR EFFICiENCY OF ITS RESPECTIVE SYSTEMS ON ANY OF THESE EASEMENT STRIPS AND ANY PUBLIG UTILITY 226. BEING A PORTION OF THAT CALLED 315. 6. ACRE TRACT AS DESCRIBED. lN VOLUME 383. PAGE· 69 OF DEED SHALL, AT ALL TIMES, HAVE THE RIGHT OF INGRESS AND EGRESS To- AND FROM AND· UPON THE SAID STRIPS FOR THE PURPOSE OF cONSTRUCTING,~ RECORDS OF DENTON COUNTY, TEXAS, AND BEINQ A PORTION OF THAT CALLED 30.363 ACRE TRACT AS THENCE SOUTH 21'55'56' EAST, 243.71 FEET TO A GOVERNMENT MONUMENT FOUND• DESCRIBED IN VOLUME 614, PAGE 399-0F THE DEED RECORDS OF DENTON COUNTY, TEXAS, BEING FURTHER RECONSTRUCTION, INSPECTING, PATROLLING, MAINTAINING AND ADDING TO.OR REMOVING ALL DR PART OF ITS RESPECTIVE SYSTEMS WITHOUT THE DESCRIBED BY METES AND BOUNDS AS-FOLLOWS• . >HENCE SOUTH ~4· 53' 49' WEST~, 369.66 FEET TO A GOVERNMENT MONUMENT FOUNDt NECESSITY AT ANY TIME OF PROCURING nlE PERMISSION OF ANYONE.

BEGINNING I'>T 5LB' IRON ROD WlTH CAP SE"F IN THE SOUTH LINE OF lHE DAVID M. CULE SURVEY, THENCE. NORTH 38'21'36' WEST, 491.89 FEET TO A GOVERNMENT MONUMENT FOUND• ABSTRACT NO. 226. 1\T THE NORTHWEST CORNER OF THE WM. H. PEA SIJRVEY, ABSTRACT NO. 1044, SAME BEING THE NORTHWEST CORNER~ OF SAID CALLED 315,6 ACRE TRACTt ~ . THENCE SOUTH 19"02'58' WEST, 282.09 FEET TO A GOVERNMENT MONUMENT FDUNDI THENCE SOUTH B5"18' 5:1'. EAST ALONG~ THE COMMON LINE OF SAID CULE AND PEA SURVEYS. 1935,13 FEET. TO AN 1/2' IRON ROO FOUND• THENCE NORTH 02"42'00' EAST, 34.57 FEET TO AN 1/2' IRON ROD FOUND• .

THENCE SOUTH 53"13'24" WEST, 367.65 FEET TO A GOVERNMEN~T MONUMENT FDUNDo THENCE SOUTH 54"14'25' EAST, 330.49 FEET TO A GOVERNMENT MONUMENT FOUNDJ WITNESS ~MY HAND. THIS THE _ __,)'--~~--- DAY OF ;~/ , 1SISI5.

THENCE SOUTH 18"31'1~' WEST, 198.45~ FEET TO A GOVERNMENT MONUMENT FDUNDo WEST IN THENCE SOUTH B4" 30'1!.0' EAST, 421.17 FEET TO AN 1/2' IRON PIPE FOUNOJ THENCE SOUTH B0'27'1~' WEST, 162.24 FEET TO A GOVERNMENT MONUMENT FOUND• THENCIO NORTH 89" 24' 00' ~EAST, 22:1. 12 FEET TO AN 1/<C' IRON ROO FOUNO• - THENCE NORTH 67.57 FEET TO AN 1/2' IRON ROD FOUND• THENCE SOUTH 56" 14'00' EAST, 183.79 FEEl TO .GOVERNMENT MONUMENT FOUND• MARCUS SMITH. ESIDENT THENCE NORTH 47"~4'03' WEST, 1~7. 42 FEET TO AN 1/2" I RON ROD FDUNDt THENCE SOUTH 72"02'38' EAST, 54.54 FEET Tll·AN 1/2' IRON ROD FOUND• STATE OF TEXAS THENCE NORTH 58"13'49' WEST, 226.48 FEET TO AN V2' IRON ROD FOUND• COUNTY OF DENTON THENCE SOUTH 00"50'12' WEST. 129.06 FEET TO AN 1/2' IRON ROO FOUND• THENCE SOUTH 77'02'46" WEST. 69.85 FEET TO AN 1/2' IRON ROD FOUND• THENCE SOUTH 66'10' 50' EAST, 52. 3.6 FEET W AN 1/2' IRON ROD FOUND• BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC, m AND FOR SAID CQUNTY AND STATE . ON TH S DAY PERSONAlLY APPEARED THENCE SOUTH 17"29'39' EAST, 54.1~ FEET TO AN 1_/2' IRON ROD FOUND• ~ARCUS SMITH, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOW[.EDGED TO ~E TH(\T HE THENCE NORHl 22 • 11 'll6-' EAST, 66.32 FEET TO AN 1/2' IRON ROD FOUNDJ . EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATION THE,IN EXPRESSED.

THENCE SOUTH 47"~8'47' EAST, 59,36 FEET TO AN 1/2" IRON ROD FOUND• THENCE NORTH 61"46'25" EAST, 83. 59 FEET TO AN 1/2' IRON ROD I'OUND' GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE 2$ DAY OF THENCE SOUTH 15" 44' 41' EAST, 32!. 61 FEET; TO A GOVERNMENT MONUMENT FDUND1 THENCE SOUlH 71" 24' 04' EAST, 791.49 fEET TO A GOVERNMENT MONUMENT FOUND I THENCE SOUTH ll"ll'IW WEST, 574.62 FEET TO A 5/8' IRON ROD WITH CAP SET• IHENCE SOUTH 7B"20'32' WEST, 288.46 ~FEET TO AN 1/2' IRON ROD FOUND• THENCE NORTH 66'20'34" WEST, 98.71 FEET TO AN 1/2' IRON ROD FOUNDI lHENCE SOUTH 50' 31' 11" WEST, 92.72 FEET TO AN 1/2' IRON ROD FOUND• THENCE SOUTH 6~"22'19' WEST, 168.37 FEET ' TO A GOVE~NMENT MONUMENT FOUND• THENCE ·.NORTH 79"53'23' WEST. 179.51 FEET TO A GOVERNMENT MONUMENT FOUND1 THENCE ·SOUTH 44'28' 49' EAST, 130.92 FEET TO A GOVERNMENT MONUMENT FDUND1 THENCE SOUTH 25"3B'44' WEST, 99.89 FEET TO A GOVERNMENT MONUMENT FOUND• ,m. . . . =·' \~ - - """-"!.~"~. ~- ~~ ... f,j . .....~.~ IN ANQ fOR TON couNT • TExAs C MMISSION EXPIRES \1 l I st c-~~ ~I

THENCE SOUTH 88"19'23" EAST, 31!6.59 FEET TO A GOVERNMENT MONUMENT FOUN~o SURVEYOR'S CERTIFICATE THENCE SOUTH 52" 41' 04' EAST, 8:1.40 FEET TO AN 112' )RON ROO FOUND• THENCE SOUTH 87' 58.' 39" WEST, 45~. 9~ FEET TO AN 1/2' IRON PIPE FOUND• THENCE SOUTH 15'03'25' EAST, 16.!.2~ FEET TO ~N ~1/2' IRON ROO FOUND• ], JOHNNY D. L. WILLIAMS, REGISTERED PROFESSIONAL SURVEYOR FOR SURVCDN. INC •• DO HEREBY DECLARE THAT THIS PLAT WAS COMPUTED AND THENCE SOUTH 87"14' 07' WEST, 521. 'l3 FEET Tfl AN 1/2' IRON ROD~ FOUND I COMPILED BY TURNER COLLIE AND BRADEN INC,, UNDER MY SUPERVISION. AND THAT THENCE SOLJTH 24"46'52' WEST, 422.77 FEET TO AN f/2' IRON PIPE FOUND• THENCE SOUTH 86"~4'41' WEST, 795.09 FEET TO AN 1/2' IRON PIPE FOUND• THENCE NORTH 61l"06'54' WEST, 159.72 FEET TO AN 1/2' IRON ROD FOUND• !. ) THE METES AND BOWNDS DESCRIPTION CONTAINED WITHIN THE OWNERS CERTIFICATE HEREON, WAS PREPARED FROM A GROUND SURVEY PERFORMED THENCE NORTH 0~'00'18' WEST, 2555.~8 FEET TO A 5/8' IRON ROD WITH CAP SET• UNDED MY SUPERVISION.

THENCE NORTH 23'14'51"· WEST. 72.11 fEET TO AN 1/2" IRON ROD FOUND• 2.) ALL COT CORNERS, RIGHT-OF-WitY AND BOUNDARY POINTS SHOWN HEREON, HAVE BEEN ESTABLISHED USING S/B ' IRON RODS. IN ACCORDANCE THENCE NORTH 0~'54'34' EAST, 2581.43 TO THE POINT OF BEGINNING AND CONTAINING A WIJH COORDINATE VALUES PROVIDED BY TURNER COLLIE & BRADEN INC. ' THENCE SOUTH B_9"05'1H' WEST, 111.54 FEET TO AN 1/2' IRON ROO FOUNOJ COMPUTED AREA OF 257.157 ACRES OF LAND.

THENCE SOUTH 04"06'21' WEST. 106.14 FEET TO AN 1/2' IRON. ROD FOUND1 THENCE SOUIH 63"01'43' WEST, 241.38 FEET TO A GOVERNMENT MONUMENT FOUND• THENCE NORTH 01"29'27' EAST, 54.~1 FEET TO A GOVERNMENT MONUMENT FOUND• HN D. L. WILC!AMS THENCE SOUTH 86"58'11' WEST, 139.67 FEET TO A GOVERNMENT MONUMENT FOUND• T EO PROFESSIONAL LAND SURVEYOR THENCE NORTH 51"17' 56" WEST, 100;68 FEET TO A GOVERNMENT MONUMENT FOUND• REGISTRATION NO. 4Ble THENCE NORTH 22"02'1B' WEST, 366.8~ FEET TO AN 1/2' IRON ROD FOUND1 STATE OF TEXAS COUNTY OF DALLAS THENCE NORTH 1B"56'52' WEST, 266.75~ FEET TO AN 1/2" IRON ROO FOUNDJ THENCE NORTH 39"54' 41' WEST, 159.87 FEET TO A GOVERNMENT MONUMENT FOUND I BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC, IN AND FOR SAID COUNTY AND STATE ON T~IS DAY PERSONALLY APPEARED JOHNNY D.L.

WILLIAMS, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED.Tii ME THAT HE EXECUTED THENCE NORTH 34"04'13' WEST, 279.14 FEET TO A GOVERNMENT MONUMENT FOUND• THE SAME FOR THE PURPOSE AND CDNSIDERAl!ON THEREIN EXPRE':ED· THENCE NORTH 55"30'32' WEST, 321.94 FEET TO A GOVERNMENT MONUMENT FOUND• GIVEN UNDER MY HAND AND SEAL OF OFFICE, THJS_THE ~~ DAY OF THENCE SOUTH 84"23'51' WEST, 164.79 'FEET TO AN 1/2' IRON ROD FOUND• THENCE NORTH 44"58'35' WEST. 182.38 FEET TO AN 1/2" IRON HOD FOUND• THENCE SOUTH 65"35' 27' WEST, 132.5~ FEET "FD AN 1/2" IRON ROD FOUNOJ NOTARY PUBLIC ~ ~ DACLAS COUNTY, TEXAS THENCE SOUTH 43"37'54' EAST, 248.13 FEET TO AN 1/2' IRON ROD FOUND• COMMISSION EXPIRES· THENCE SOUTH 52"39' 19' EAST, 1~6.29 FEET TO AN 1/2' IRON ROD FOUND• ...

THENCE SOUTH 40"45'22' EAST, 214.64 FEET TO A GOVERNMENT MONUMENT FOUND1 THENCE SOUTH 20'31'00' EAST. 268.42 FEET TO A GOVERNMENT MONUMENT FOUNOJ THENCE SOUTH 14" 15' 27' WEST, 16!. 43 FEE'f TO A GOVERNMENT MONUMENT FOUND• CERTIFICATE OF APPROVAL THENCE SOUTH 74"11 '27' WEST, 346.65 F~ET TO A GOVERNMENT MONUMENT FO~UND• THENCE SOUTH 51"41'32' EAST. 426.79 FEET TO A GOVERNMENT MONUMENT FOUND• THENCE SOUTH 13"20'01' EAST. 26~.39 FEET TO AN 1/2' IRON ROD FOUNOo THENCE SOUTH 25"04'08' EAST, 160.60 FEET TO AN 1/2' IRON ROD FOUND• THENCE SDU"fH 17"47'40' EAST, 115.64 FEET TO A GOVERNMENT MONUMENT FOUND• THENCE SOUTH 38'40'59' WEST. 514.83 FEET .TO A GOVERNMENT MONUMENT FOUND1 THENCE NORTH 62"22'36' WEST, 192.91 FEET TO AN 1/2' IRON ROD FOUND1 THENCE NORTH 53"42'11" WEST, 228.94 FEET TO AN 1/2' IRON ROO FOUND• CERTIFICATE OF APPROVAL · DAY DF A~u sf- THENCE NORTH 74"05'37" WEST, 129.46 FEET TO AN 1/2' IRON ROD FOUND1 THENCE NORTH 33"51'30' WEST. 206.96 FEET TO AN 1/2' IRON ROD FOUND• \· oN THIS , 1995. THE couNTY OF DENTON. TEXAS. HEREBY APPROVES THE FOREGOING PLAT OF " , SUNRISE BAY AT LAKE LEW· ILLE' AN ADDITION TO DENTON COUNTY, TEXAS, OF THE SOUTHWEST THENCE SOUTH 22_• 58; 13" WEST, 72.42 FEET TO AN 1/2' IRON ROD FOUND• THENCE SOUTH 00"15'5B' EAST, 125.18 FEET TO AN 1/2' IRON ROD FOUND• THENCE SOUTH 49"54'00" WEST, 128.~9 FEET TO AN 1/2' !RON ROO FOUND1 THENCE SOUTH 81"54'16' EAST, 232.98.FEET TO A GOVERNMENT MONUMENT FDUND1 THENCE SOUTH 28"59'37' EAST, 350.12 FEET TO A GOVERNMENT MONUMENT FOUND• THENCE SOUTH 30'33'41" WEST. 394.13 FEET TO A GOVERNMENT MONUMENT FOUND• THENCE SOUTH 62"57'21' WEST, 85.72 FEET TO AN 1/2' IRON ROD FOUNDJ THENCE SOUTH 20"57'48' EAST, 52.61 FEET TO AN 1/2' IRON ROD FOUND• THENCE SOUTH 38"56'39' WEST, 129.23 FEET TO AN 1/2' IRON ROD FOUND• • THENCE SOUTH ~6"52'14' EAST. 59.15 FEET TO AN 1/2' IRON ROD FOUND• THENCE SOUTH 35'57'10' WEST. 92.24 FEET TO AN 1/2' IRON ROD FOUND• THENCE SOUTH 44"06'22' EAST, 43.34 FEET TO AN 1/2' IRON ROD FOUND1 THENCE NORTH 83" 52' 00' EAST, 71.71 FEET TO A GOVERNMENT MONUMENT FOUND• DENTON COUNTY, TEXAS THENCE NORTH 32" 28' 16' EAST, 182.57 FEET TO A GOVERNMENT MONUMENT FOUND• 257.1;573 ACRES PART OF THE THENCE NORTH 54"0B'07' EAST, 331.45 FEET TO A GOVERNMENT MONUMENT FOUND• WM. H. PEA SURVEY. A-1044 THENCE SOUTH 82"01'52' EAST. 161.~8 FEET TO AN 1/2" IRON ROO FOUND• DR. W. BREASHEARS SURVEY, A-1634 THENCE SOUTH 22"13'51' EAST. 237.62 FEET TO AN 1/2' IRON ROD FOUND• J. KING SURVEY, A-718 THENCE NORTH 20"39'49~ EAST, 140.~59 FEET TO AN 1/2' IRON ROD FOUND• DAVID M. CULE SURVEY. A-226 THENCE NORTH 40"15'45' EAST, 159.72 FEET TO AN 1/2' IRON ROD FOUND• WYLIE THENCE SOUTH 76"36'22' EAST, 154.63 FEET TO AN 1/2' IRON ROD FOUND• PREPARED FOR• THENCE NORTH 24"1l2'01' EAST. 135.42 FEET TO AN 1/2' IRON ROD FOUND• THENCE NORTH 80'44'59' EAST. 37:52 FEET TO A GOVERNMENT MONUMENT FOUND• PROPERTIES OF THE SOUTHWEST INC. THENCE SOUTH 82"50'20' EAST. 225.68 FEET TO A GOVERNMENT MONUMENT FOUND; 100 LAKE RIDGE PARKWAY CEDAR HILL. TEXAS 75104 THENCE NORTH 22"25'30' WEST. 162.93 FEET TO A GOVERNMENT MONUMENT FOUND• THENCE NORTH 54"09'04' EAST, 433.66 FEET TO A GOVERNMENT MONUMENT FOUND• F i1 ed f o·r Reco·rd in: LOTS (214) 299-5253 1 BLOCK THENCE SOUTH 23"57'59' EAST. 275.32 FEET TO A GOVERNMENT MONUMENT FOUNDJ DEHTON COUNTY, TX HONORABLE ~I~ HODGES/COUHTY COMMON GREEN AREAS JULY. 1995 -lll c THENCE NORTH 47"02'13' EAST, 215.43 FEET TO A GOVERNMENT MONUMENT FOUND• CLERK On Aug 02 1'3'35 TURNER COLLIE & BRADEN INC. PREPARED BY • THENCE SOUTH 79"57'57' EAST. 213.l!B FEET TO A GOVERNMENT MONUMENT FOUND; At '3:0lfan> SURVCON INC. THENCE SOUTH 13"20'29' EAST, -182.8~ FEET TO A 5/R' IRON ROD WITH CAP SET• 5710 LBJ FREEWAY. SUITE 370 5710 LBJ FREEWAY, SUITE 370 t£S001TE DALLAS. TEXAS 75240, <214) 'l60-'l651 THENCE SOUTH 13"3B'26' WEST. 208.76 FEET TO A 5/8' IRON ROD WITH CAP SET; Doe/Hum : 95-R00457'34 DALLAS, TEXAS 75240, (214) 458-2173 THENCE SOUTH 85"02'31' WEST. 217.40 FEET TO~ A GOVERNMENT MONUMENT FOUND1 VICINITY MAP Doc/T)'pe : PLA UTILITY PROVIDERS• N. T.S.

Record1 \1![: '38.00 TELEPHONE• SOUTHWESTERN BELL T.C, ~ B. JOB NO. 45-94008-203 Doc/Mgmt : 6.00 3~7 NORTH KENTUCKY STREET Receipt II: 21161 MCKINNEY, TX- 75~69 Deputy - CASSY ELECTRIC• D.C.E.C.

351!1 F.M. 2181 SHE.ET 1 OF 4 - CORINTH, TX. 7621!5 -t==::::::=~==·-~===-~=~===:::;::===============~~-"- '"-· ~ -~- '' ---------

I l --- -----.:.-- -- 174 173 172 1.32 A() 1.03 AC 1.1S AC 171 !.24 1¥:; 135 [§] [§] !. Hl AC 16B ·167 5 1-1 1,02 AC 141 SCALE 1"=200' I ... I 1.14 1. 02 AC 137 11 !.l'l AC 1..,1 1.22 AC 140 1.53 1\C 144 1.30 AC

!.33 AC 146 1,38 AC 1-1 ! ~<'+-~~'"-'- --= ~ i C)

1.35 AC

,J_ <:>

i 156 ''' '' 24 ~ I.H AC· I "" I 155i 154 !.Sci AU !.Gq AC [§] f I- I 1-1

-' " CJ ~-,

1.04 AC

GENERAL NOTES• i 1. l TH~RAOIUS ON ALL BLOCK CORNERS IS 20.00 FEET UNLESS OTHERWISE NOTED, 39 NMG: I 2. l ALL EASEMENTS ON LOT LiNES ARE CENTERED UNLES.S· OTHERWISE NDTEO• 1.10 AC ~ ..,,,..'!-· . . ~~ /lfAff4J'f£11/JUVtiT OF Db41ft/T~IJr-'t5 JJ.,.,P fo.c= 3. l A 20 FOGT UTILITY / SLOPE EASEMENT ADJOiNING ALL Rl6m OF' WAYS IS HEREBY DEO!CATED. A 10 FOOT SIDELOT U.E. / D.E. IS HEREBY DED.!CATED. . ~3 ' ()lfi.r1,ill't:.F /lltPUifif~eAff"S Wf11-t/ltl ttl£ /JIIAfl'f~£ 4. l ELEVATIONS REFEfiENCED TO IMl.S. DATUM SITE B. H. • BRASS DISK MONIJI\IENT l.B7 AC [§] .· jfiVO /Oil tffiUOf E'M~114#AJfS 9#1f'AJ ON rt.lt5 .STAMPED F q47 H48 N 540426.228 E 2161833.063 ELEVATION 576.40.· · 5.! U. INDICATES UTILITY EASEHENT• W.L.E. !NOleAT~S W~TER LINE EASEMENT! D. E. INDICATES DRAINAGE EASEMENT! B.L. INOI~ATES BUJLOINB LINE If 1.50' AC PlJI.'f" /lerr us,Oivsr&ll.d'l rll£ IAIQnfiDVIIL 11/L tf S.E. INDICATES SLOPE EASEMENT.

6. l THAT PROPERTY SHOWN HEBEON WHICH IS SITUATED 'BETliEEN THE 537' FOOT GONTOUR- (MEI\N SEA LEVELl AND THE BOUNDARY OF LAKE LEWISVILLE RESERVOIR, IS SITUATED IN FLOOD ZONE a15 (10~ YR. FLOOD) PER FEMA HAPS NO, 480774 3153C, PttoPeutl fJIV'VUS AND 1 ~ f.YM'~"v &Jv~Vrl/. ·._,-.t H ""·) -"" I \!, ;> DATED f!/i'3/qJ, AND NO. 480774 0225C, llATED q/14/qe, "THIS PROPERTY IS ALSO S!JilJECT TO .AN EASEMENT RESERVED IN- A QU11CJ.Al:M DEED REC'O '-··r<·E'""·-~ ·-, r-~', •' '~ JN VOL. 4S3,PG.444 O.R.tl.C.T.- IN THIS DEED THE U.S; A~ RETAII>!S THE -PERPETUAL RIGHT TO ~t: 1N i j) ·J l LL~ FLOOD THAT PORTION OF THE PROPERTY stLOli THE ELEVATION OF 537 FEET I MEAN SEA LEVEL. l !"''"'> r <""'- _._,. :-~- "''~ 7. l THE DEVELOPMENT OF INDIVI.DUAL OliNERS SHALL NOT Bt.OCK ANY Tf<IBUTARY 'RtmFF.

45 ' '· L,~ ·.....,.-: B.l LAND USE DESIGNATED AS SINGLE FAMILY RESIDENTIAL.

1;85 AC q, l A.D.E. IS HEREBY DEDICATED FROM 20 FEET ON EITHgR SIDE OF THE CENTERLINE OF ANY. AND ALL CREEKS, GULLIES, RAVINES, DRAW~. SLOUGHS, OR OTHER NATURAL DRAINAGE COURSES LOCATED IN SAID PLAT AAE HEREaY DEDICATED T~JHE PUBLIC AS EASEMENTS POR DRAINAGE PURPOSES.

MATCH LINE ALL COHNON GREENS ARE ALSO HEREBY DED)CATEO AS DRAINAGE EASEHENTS FOR oRAJNAGE PURPOSES.

I~. l THE AVERAGE PERCOLATION RATE VARIED WITH DISTANC.E ~AVING A RANGE OF 41a TO 120 MINUTES/INCH, <PROVIDED BY SAlLY 'INSPECTIONS & TEST!NGl

·LEGEND Filed fo·r Record in: DENTON COUNTY, TX HONORABLE TIM HODBES/COUNTY CLERK FINAL PLAT ~ BLOCK DESIGNATION On At Aa§ 02 1995 :ii4am: SUNRISE BAY ~~"~~-"'""'"" SUll'IEY liNE Doc/Mum : 95~RileJ.ll57'34 Doc/Type : PUl AT LAKE LEWISVILLE -I !¥18 I HlN5 FINISH FLOOR ELEVATION R'eco-ri:!l ng: 98.00 T.C. & B. JOB NO. 45-q4008-203 Doc/M-gmt : G.00 211&1 Recei ~~ct II: Deputy - CASSY SHEET 2 OF 4 --~·---~- . --· . --· ~- -------- - --------------------------------------------------- -----~

@ 1.29 AC

Il ~'~~~r 80 400 500 ".

1. 71 AC I I !.JM AC 51 SCALE 1"=200' ;, . c; •' 1.50 AC <t >:'',: 132 I "" ! 1. 76 AC >< ('} 1. H! AC :..;J ....-- ,... , "' ~ ~~ @ 1. 15 AC "' 1.41 AC 2.18 AC

1.32 AC COHMDN GREEN NO. 5- 3.4<3 of\Co

_,

1.03 AC

,-~'I"" '-~ '14 (Y'\ ., ' !. 14 AC cr~_;:

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1.34 AC

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113 11 Qf 1.35 AC 1.15 AC *' D.E..

1.56 AC !. Jill'! AC @ 111' !).E.

LEGEND Filed fo~ Reco~d in: DENTON ~OUNTY, TX \/ILL HONORABLE TII'I HODGES/~OUN.TY CL'ERK ~ BLOCK DESIGNATION Aug 02 1 '395 FINAL PLAT SURVEY LINE~ Itt 9:04am Doc/Mum ~ 95-R0045794 SUNRISE BAY 538 I t-UN. FINISH FLOOR ELEVATION Doc/Type : Rec<Y~ding~ PLA 98.00 AT LAKE LEWISVILLE Doc/Mgmt : c.00 Receip-t ih 211&1

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G0.0rll 4!i. 20 127.01 N 2•54--:HE' s-22~27-2<'1£. .., 2~!5."39 11.•n :282-38~'08 5J~]q.oJII4 00.8!1 211J~ilol S3B·42--3<JW N25-aq-49W 17.32 '51 "' 41._10 <1-7 .3111 3'l'-:32~.03 4.'5-1111-05 6130.111111 60.99 """ 62.5QI 72.42 655•35~27111 S22·58-13W •• •• 313"1.81 31.42 37~46-lr.l <:)0-00-00 478."" 2-lil."OO N71CJ~l2¥23V S-45-54-34¥ 324.24 28:28' Exhibit 8 STATEOFTEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of the builder's plans for "3950 Spinaker Run Pointe Rd.". The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office.

I fmiher certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office.

In witness whereofl have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014.

Lmd Asbell, TRMC, Town Secretary Town of Lakewood Village Denton County State ofTexas l'L.-\,~1\0.

BUILDER COPY GENERAL CONTRACTORS NOTES 1.)Prioc to any construction, the Contractor shall fantiliarize GENERAL FRAMING NOTES 1.)Structure was designed in accordance to the lnlemational 7134 himself with the Contract Documents and Specifocations, the Building Code 2003 Edition.

Plans, including all notes. the Cily Standard Details and Specifications and any othe< appticable Standards a< 2.)AII joists and rafte<s shaft be aligned aver studs below.

Specifications relevant to the pr<lllef completion of the v.ork specifiO<f. FaUure on the pan or the Contractor to famOiar!ze hlmseff with all standards and specifocations pertaining to the 3.)AII eJ<Ierior COrnerll fonsido and out) shall be braced as reQuired. Special cily wind strength ordinances may apply 10130/13 work shall in no vr.ry reli&ve the Contrnctor or responsibilily lor performing the worlc in accordance with all such appf.icable 4.)EJ<Ierior walls 2 X 4 a< 2 X 6 stud framing with veneers u Standards and Specifications. selected. except where shown as 6" wall for plumbing supply and vent$.

2.)The Contractor shall have in his possession, prior to z construction, all necessary permits. licenses, etc. The 5.)1nterior waQs 2" X 4" stud with sheetroel< face. exeept whom ::: ! ~ "e ContractOf shall have at lea,st one set or set of approved Plans shown as 6" wall for plumbing supply and vents, and k>r walls and Specifications on-s~e at al &nes. The Contrnctor shall notify city bu;ldings officials and/ a< department 24 h0U1'5 prior to the commencement of any wonc.

1rr in heig~t or greater.

6.)Unless specifically noted otherwise. framing lumber shall be 0 ~ !i ~ X ;:: ~~ 3.)Con.struction inspection may be performed by representatives af the OWner. Engineer. City, Geotechnical Engineer and no. 2 or better soUthe<n pine with a modulus of elasticity or 1,600,000 psi. Interior wall studs may be no. 2 or better Douglas fir or S. pine. or no.2 or better SPF.

I = ~ l1 >- - ~ s ~

0.. ::::: .,_; ~ Reviewing Authorities and Agencies. Unre$tricted access shall ~ be provided to them during normal wooong hour... The contractor is responsible lor unde.slanding and schedulir1g 7.)Wood roof and floor trusses~ used shal be fabricated, hondled, and erected in accon:tance with ttuss plate institulo ! ! (.)0 "~ required inspections. standards and IBC standards. Truss design drawings sealed ;& a: w by a registered professional engineer shall be provided to the 4.)AD contractors mus1 coofine their activities to the work area. owner prior to erection of the 1russes. The truss webs end E: g No encro.,chments outside of the defined wot1<' area will be bottom c::hoc'ds shatl have their individual X' thick components allowed, unless specifically noted on the plans. My damage glued together as wen as nailed pe< llle tNss pi.'lte patte<n. The OJ resulting the<elrom shal be the Contractor's responsibilily to truss rne:mbers shala all be minimum 2x4 no.2 or bei!et. repair.

8 .) Coordinate and adjust. as necessary, the typical framing s.)ltYAII be llle responsibi ily af each contractor to protect aD memb..- spacing with lighting and electrical locations shown. existing public and private utilities throughoutlllo consttudlon af this project. The Contractor shal contact the appropriate 9.)Wilen two roofs intersect with different roof p~ches. block top I utillty compa11ie$ for lineloca1lons prior to the commencement of stud waDs to al1gn fascia. ---- of C<l0$tluction and shall aSSIIme fudt liabillty to those companies for any damages caused to Qleir facilities. 10.)Wood connections to be Simpson ties or equivaleflt.

VICINITY MAP SHEET INDEX 6.)The Contracror shal be responsible lor pr011iding the required 11.)AII swctuml steel shall be A36 except TS shapes shall be construction slaking necessary to complete the construdlon in A500 GR. B. Sleet joisls and joist gird" rs shal meet an aeeordanoe with the plans and specifications. opecificatlons of the latest S.J.t. edition. Fr-50 KSL AD boHed cs COVER SHEET connections shall use a325 bolts unless noted otherw;se. All Al PLAN OVERVIEW 7.)The Contractor shaD be responsible for providing and welds shall be made using E70 electrodes. Hea<led studs shall A2 FIRST FLOOR PLAN maintaining all neeessary barricading and a" other wamlng and be Nelson 0< better. Temporary construelion bracing of the A3 SECOND FLOOR PLAN safety devices to protect the public ""fety and heath untl all wor1< has ~n completed and accepted. struciiJral steel frame shaD remain in place until alter the floor and roof deck attaclvnl!:nts have been com~1ed and all / / A4 AS FRONT/ REAR ELEVATIONS LEFT/ RIGHT ELEVATIONS permanent bracing has ~n instaHed. A6 ROOF/ PLAT PLA N 8.)11 any unforeseen problems or conflicts are encouotered in GENERAL CONCRETE NOTES • A?

CROSS SECTI ONS FOUNDATION / PLUMBING

I the course of cpnstruction, for which an immediate solution Is 1.)Do not use f.ounclatlon outline plan for actual construction.. 52 ROOF FRAMING not apparent, the Engineer and OWner shall be notilied.

Foundation documents must be drawn & sealed by a registered 53 DOOR/WINDOW SCHEDULES engineer. Peskuski Home Oes.ign assumes no responsibility for 01 CO N STRUCTION DETAILS 9.)The Contracta< shall be responsible for removing any existing slab strength or integrity. El FIRST FLOOR ELECTRICAL structur"e$. fence$, debri$, or trees that are located within the E2 S ECOND FLOOR ELECTRICAL boundaries or this l"'iec1. unless otherw;se noted on the plans.

2.)Concrete shalll\ave a minimum compressive strength of i 1O.)General Conttactor shaD be responsibie Ia< coordination or 3000 psi at 28 days. Reinforcing steel shaH be ASTM A615 grade 60. Lap an reinforcing splices 2~ · unless noted ' ~4-<o other trades (mech1. elec'l, etc.) prior to fabrication and othe<Wise. ~rovide 2'-0" x 2'·0" comer be.s to match and lap ~I)> Installation. horizontal reinlorce<nent at aU grade beam and wall C'o.o inte<sections. 30 bar dia. lap minimum. All reinforcement shal 11.)Generat Contractor to be respon,.ble for coordination of be detailed in accordance .,;lh the latest ACI Oetairmg manual architectural and structural drawings prior to fabrication. forming. or placement of materials. Gene<aJ Contractor sl!a!l SffiCTtJI' report discrepancies immediately to arehhect and shall proceed 3.)Contractor shaD coordinato all penetrations. conduit, COVER SHEET with constnJcljon ooly after discrepancy has been resoiV<!cl. chamfers and embedded Hems prior to concrete placemerlt.

Welded wire Iabrie and wire shall be lapped the spacing or the cross Y.ires plus r . cs 1f.'lilll*O~llll1 )~:-:••l t.1 """' \4;itl-&•;.:{;.!J,) :X\'i l ,.,·x;.u,, ,.,,,\.,1 (IU ~ILLNIOcl NOH 'H~DIVNl'~IciS 096~ ~ '::::!

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7134 11Al5/l3

NOTES:

I []_

FIRST FLOOR -"_..---_ ... ...._ """~~c .. "' Ll'llcrii)JII............~4C:J.,..

AREAS LIVING ~\ FIRST FLOOR A/C / 553& j SECOND FLOOR A/C ( 1 3&!<- LOFT I 229 TOTAL LIVING ~ ' GARAGES CARS &1B CARS 61B SHOP 221 PORCHES ENTRY • GATE 1 75 ENTRY· FRONT DOOR 1 23 PRIVATE 82 BACK SNGLE VOLUME 471 BACK DBL VOLUME 505 I GARAGES/PORCHES 2813 ;;:!;,;;~R:_f;::~q:7if¥==:C:=:"t='';::::re!!iil-.,..,.;1L---HIA111ns!atlarfons TOTAL UNDER ROOF 1...____...-i) ~ ToFIIJidtn .Su • ' m~~~-~------------------------~~ I. PLAN OVERVIEW SHEE'l' SC'A LF::: iJI.ii!"- I' SECOND FLOOR A-1 NOTES: I.OOt.cPll'IMTH.N.L$TATI,~.Aif!Jt.OCA.l bUilDING CCXIES, OftOOW.ICE~IHJ REGUlATIONS PERTMIIHQ TO CONSTRUCTION.

7134 2. CONNICTWAT!R. GAS.NIO B.I:CTRIC ~~TO EXIS'nNG U'TUT"'E$ ~ ACOOACW«::f' ¥«TM LOCAL aTY ISI.II&.t*G OOOES.IF NU0m.

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\ El.£VA.TION,ORMNOTEOOHSITE.

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S.I!XTERIOit WALL$r xr sTUOnw.rtNG v~ \I'EH!EASAS:stu:CTm. s.lftlf'TERJORWAI..CS rx•·\"oUOOstuowrrH SMttt'ROC:KFACE, EXCEPT WH£Ftlt SfotO'Mf A$&"' 2; WAU. FOft P\.l.IUSING $UPP\,Y N«JVEHT'$ 1. WHf ALL Plue.eHQ STAOCS TOREAR:Oif HOUR 9 ~ ~ t. HENXR HOGHTS SHCWIN AltE TOP OF 'WIHOOII ~ HEIGHT$ t. rat~CTIOtU07.2.11.1 10CSMOICE DETECTOR I.OCAllOKS SHOWN ONELE~ 0 :gd ~,.

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~I ~I ~I I ~I ~I I -I ~ I ~ - I ~ _.._ FIRST FLOOR PLAN" SCAill3116" - I' A-2A I Pl.\NNO.

I NOTES:

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1, c:::QMPI.Y vmH ALL $TA"'- OOUtflY. NCJ l OCAl BUIL.OINGCOOES,~NfOA!GI.A.ATK»>S P£RTAJNIHO TO OClfiiSTRUI;Tl()N, 2. ~ECTWATER. GAS. AHD fL.ECTRIC L.KSTO 7134 - lfr - - - nora ..tl ~nNC:Uti.IT!J:~l'oiA~'M'n<l lnt"Jol cn'Y BUIU)ING OOOE.$. 1F NEEDEO.

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4AU. FOOnNGS TO £X1'ENO 8a.OWGAADE M1H1tA..N ASPER lOCAL CODE AT BEARING 11Al5!l3 • lil 1 •I WAU.$, M'EFIIOR BU.RIHO FOOTING$ 6"" INTO HAT\IV.L GRACE. Lftoi..E$$ cmlfRWISI! NOT'EO..

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OININI 5. EXTeRIOR WAUS 2'" X r ST\.10 FRAMING Wl'n1 \ltNe£FtS AS SEI..ECTB)•

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11. WHb<YW~HIEJGHt'STOMATCH £XI$11NO WINDOWS UNL.£$S NOTte QlHEAWtSE.

12. DIMENSIONS Stti)Yo1ol JEASUR£ TO STUD WALL · I ·-;___---=+-> ~ MVEHUitS. F0011HG$. SHU'1"RRCK nc. HOT..ct.I.CED.

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" / ~2 2nd Floor Plan - Shear Wall Plan :.;.· 1314079 Exhibit 9 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of the Town of Lakewood Village Stop Work Order dated March 14, 2014. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office.

I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that 1am a lawful possessor and keeper of the records in said office.

In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day ofMarch, 2014.

Lmda ~sl5ell, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas Exhibit 10 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full , true and correct copies of the Town of Lakewood Village Stop Work Order dated March 13, 2014. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office.

I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office.

In witness whereof I have hereunto set my hand and affixed the offidal seal of The Town of Lakewood ViJlage this 26th day of March, 2014.

Lm Asbell, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas Exhibit 11 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of the photograph taken of 3960 Spinnaker Run Pt. dated March 10, 2014. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office.

I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office.

In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014.

Lmda ~soell, TRMC, Town Secretary Town of Lakewood Village Denton Cotmty State ofTexas Exhibit 12 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) l hereby ceJtify, in the performance of the functions of my office, that the attached instruments are fuJI, true and correct copies ofthe photographs taken of3960 Spinnaker Run Pt. dated March 13,2014. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office.

I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said ofiice.

In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day ofMarch, 2014.

Linda As'beU, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas Exhibit 13 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the ftmctions of my office, that the attached instruments are full, true and conect copies of the photographs taken of 3960 Spinnaker Run Pt. dated March 14, 2014. The same appear of recotd in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office.

T further certify that T am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office.

In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014.

Lmd Asbell, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas Exhibit 14 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby cetiify, in the performance of the functions of my office, that the attached insh·uments are full, true and correct copies of the photographs taken of3960 Spinnaker Run Pt. dated March 18,2014. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office.

I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office.

In witness whereof! have hereunto set my hand and affixed the official seal ofThe Town ofLakewood Village this 26th day of March, 2014.

Linda ~sbell , TRMC, Town ~ecretary Town ofLakewood Village Denton County State of Texas Exhibit 15 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of the Town of Lakewood Village Builder Registration for "3960 Spiimaker Run Pointe". The same appear of record in my office and said documents are the official records from the pubHc office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office.

I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that l am a lawful possessor and keeper of the records in said office.

In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014.

~c:J oYdr-J,; 02 ~ell, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas BUILDER REGISTRATION APPLICATION /\! !/ BlJII.D EH INH)l~MATJOO

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Page 4 Exhibit 16 DR VOL OO_±?~PAGE 144 J l

STATE OF TEXAS ) ) COUNTY OF TARRANT ) ·~- :, .......

QUITCLAIM DEED { _.,""- 526 . 'KNOW ALL MEN BY THESE PRESENTS: That the UNITED STATES OF AMERICA, acting by and through the Secreta:r;y of the Apny, under and pursuant to the powers and authority contained in Public Law 85-500, approved 3 July 1958, party of the first part, for and in consideration of THIRTEEN THOUSAND FOUR IIDNDRED TWENTY EIGHT AND 17/100 DOLLARS ($13,428.17) , to it in hand paid by Joe A. Reeves and wife, Ruth Gossett Reeves, party of the second part, the receipt of which is hereby acknowledged, does by these presents bargain, sell, remise, release and forever quitclaim, without warranty, express or implied, unto the party of the second part, their heirs, representatives and assigns, all that right, title and interest which the party of the first part has or may have had in or to the following described property situate, lying and being in the County of Denton, State of Texas, to-wit: A Portion of Tract E-424 A tract of land situated in the County of Denton, State of Texas, being part of the Wm. M. Pea Survey (A-1044) and the John King Survey (A-718), and being part of a 161 acre tract of land acquired by the United States of America from Joe A. Reeves and wife, Ruth Gossett Reeves, by deed dated 13 August 1953, and recorded in Volume 390 at Page 493 of the Deed Records of Denton County, Texas, said 161 acre tract being designated as Tract No. E-424 for Garza-Little Elm Reservoir., Texas, and being more particularly described as follows; From the northwest corner of said Wm. M. Pea Survey, south 60°40' east, 540 feet to the point of beginning, said point being the most northerly northwest corner of said Tract E-424; Thence south 81°25' east, 917.8 feet to a point; Thence south 66°25' east, 530.3 feet to a point; Thence south 80°13 1 east, 138.5 feet to a point; Thence south 23°11 1 east, 478.1 feet to a point; Thence south 79°59 1 east, 190.1 feet to a point; Thence south 11°17 1 east, 604.8 feet to a point; Thence north 43°45' east, 140 feet to a point in the east boundary line of said Tract E-424; Thence along the common line between said Tract E-424 and the tract of land acquired by the United States of America from J. C. Olsen and designated as Tract No. E-429-1, south 00°50 1 west, 265.8 feet to a point;· Thence severing said Tract E-424 as follows: south 86°50 1 west, 139.0 feet t,o a liiJ:rm pin; north 51°24 1 west, 100.3 feet to a 11 iron pin; north 22°23' west, 445.0 feet to a 1 11 iron pin; north 28°05' west, 342.0 feet to a 1 11 _._iron pin; north 34°22 1 west, 278.7 feet to a 1 11 iron pin; north 55°45 1 west, 323.0 · feet to a 1 11 iron pin; south 83°57 1 west, 294.6 feet to a 1 11 iron pin; south 41°00 1 east, 422.4 feet to a 1 11 iron pin; south 20°44 1 east, 268.0 feet to a 1 11 iron pin; south 13°48' west, 160.8 feet to a 1 11 iron pin; south 73°49 1 west, 347.4 feet to a 1 11 iron pin; south 25°01 1 east, 426.5 feet to a 1 11 iron pin; south 18°06 1 east, 534.6 feet to a 1 11 iron pin; south 38~33 1

west, 514.3 feet to a 1 11 iron pin; north 62°38 1 west, 557.4 feet to a 1 11 iron pin; south 88°23' west, 114.6 feet to a 1 11 iron pin; south 04°07 1 west, 90.0 feet to a 1 11 iron pin; south 71°27 1 east, 130.6 feet to a 1 11 iron pin; south 29°22 1 east, 349.8 feet to a 1 11 iron pin; south 30°29 1 east, -393. 6 feet to a 1" iron pin; south 26°17 1 west, 300.8 feet to a 1 11 iron pin; south 32°53 1 east, 93.0 feet to a 1 11 iron pin; north 32°38 1 ·: east, 182.5 feet to a 1 11 iron pin; north 53°49'· east, 331.5 feet to a 1" iron pin; north 80°35 1 east, 653.3 feet to a 1 11 iron pin; south 82°05' east, 226.5 feet to a 1 11 iron.pin; north 22°21 1 west, 163.3 feet to a 1 1' iron pin; north 53°57 1 east, 432.6 feet to a 1 11 iron pin; south 24°05 1 east, 275.4 feet to a 1 11 iron pin; south 80°03 1 east, 212.0 feet to a 1 11 iron pin; south 13°19' east, 182.8 feet to a 1 11 iron pin; south 13°41 1 west, 209.0 feet to a 1 11 iron pin; south 85°04' west, 217.4 feet to a 1 11 iron pin; south 04°49' east, 158.0 feet to a 1 11 iron pin; south 51°20 1 west, 149.4 feet to a 1 11 iron pin; south 21°51' ·east, 243.6 feet to a 1 11 iron pin; south 04°30' west, 369.0 feet to a 1 11 iron pin; north 38°29 1 west, 492.3 feet to a 1 11 iron pin; south 19°03' west, 281.8 feet to a 1 11 iron pin; south 52°55' 'west, 368.0 feet to a 1 11 iron pin; south 54°15 1 east, 330.0 feet to a 1 11 'iron pin;.

I ' DR VOL 00463 PAGE 445 ~~-------------- " ~·• VOL 463 PAGt445 south.l8°28 1 west, 198.0 feet to a 1 11 iron pin; south 80°4.3' west, '160.0 feet to a ~" iron pin; north 59°22' west, .326.8 feet to a 1 11 iron pin; south 15°41 1 east, 425.2 feet to a 1 11 iron pin; south 60°.37 1. west, 166.6 feet to a 1 11 iron pin; north 80°08' east, 180.0 feet to a 1 11 iron pin; south /i-3°40 1 east, 1.31.0 feet to a 1 11 iron pin; south 25°00 1 east, 100 feet to a point in the co~on line between said Tract E-424 and the tract-of land acquired by the United States of America from T. H. Purnell and designated as Tract No. E-415-.3; Thence departing from said severance line, along said common line, west, 255.0 feet to the northwest corner of said Tract E-415-.3; Thence along the common line betwee~ said Tract E-424 and the T. H. Purnell property, south 82°00 1 west, 120 feet to a point; Thence north 21°.36 1 west, 157.6 feet to a point; Thence north 65°.32' east, 469.9 feet to a point; Thence north 4.3°11 1 west, 529 .. 1 feet to a point; Thence north 81°57' east, 488.4 feet to a point; Thence north .39°07 1 east, 1508.1 feet to a point; The~ce south 78°41 1 west, 482.4 feet to a point; Thence south 60°40' west, .388.9 feet to a point; Thence south 42°01 1 west, 504.6 feet_to a point; Thence north 26°27 1 west, 422.2 feet to a point; Thence south 5.3°06 1 west, 977.5 feet to a point; Thence south 06°5.3 1 west, .396.2 feet to a point; Thence north 46°44 1 west, 2.37 •.3 feet to a point; Thence north 21°11 1 east, 1081.8 feet to a point; Thence north .35~52 1 east, 492.7 feet to a point; Thence north 68°49 1 west, 682.1 feet to a point; Thence north .30°10 1 east, 62.3.1 feet to a point; Thence south 57°41' east, 848.4 feet to a point; Thence north 06°20 1 east, 619.4 feet to a point; Thence north 51°25 1 west, 592 •.3 feet to a point; Thence north 5.3°40' east, 628.5 feet to a point; Thence north 50°.35' west, 1346.1 feet to the point of beginning, containing 108.25 acres, more or less.

Subject to the following: · (1)· There shall be reserved to-the Government the perpetual right and easement to occasionally overflow, flood, and submerge the herein described lands below an elevation of 537 feet, mean sea level, there being 59.70 acres, more or less, lying below said elevation. (2) In connection with the above reserved easement, no structure for human habitation shall be constructed or maintained on the herein described lands below an elevation of 537 feet, mean sea level. . (J) With respect to said land and in connection with.the above reserved rights and easements, the written consent of the representative of the United States in charge shall be obtained for the type and location of any structure and/or appurtenances thereto now existing or to be erected or constructed · below an elevation of 537 feet, mean sea level. (4) ·There shall be reserved to the. Government the perpetual right to maintain mosquito control and to enter upon the said land for this purpose below an elevation of 537 feet, _mean sea level. (5) Existing easements for public roads, highways, public utilities and pipelines.

TO HAVE AND TO HOLD the foregoing described premises, together with all and singular the rights, privileges and appurtenances thereto in anywise belonging, unto the party of tbe second part, their heirs, representatives · . and assigns forever, subject, however, to the restrictions, reservations and conditions hereinbefore set out and any existing encumbrances.

IN WITNESS WHEREOF the party of the first part has caused these WilberV. Bruck&r presents to be executed in its name by ~

Sec.r£>"!::t"l:'v ~:[ the Army this.2o~~y of' 19~b.

UNITED STATES OF AMERICA

. -~uR&~.e~ Wilber M. Brucker . .

Secretary of the Army . - B'l'A'l'E Oli~ ViRGINIA ) ) ss COUNTY OF ARLINGTON ) BEFORE ME, a Notary Public in and fo~ the State of Virginia, Count~ of :~

Arl~ngton, persbnally appeared ~~:)u~ , to me . and officer whose name is subscribed:tcr the known . to be . the identical person . . foregoing instrument and acknowledged to me. .. that he executed the said instrument for the purpose and consideration.~herein . . expressed and in th; DR VOL 00463 PAGE 446

i- VOL capacity therein stated and as the act and deed of the United States of .America.

GIVEN UNDER MY HAND AND SEAL "OF OFFICE this _ __,.c.)~d:....!~:::::::.::...::...:::.-- day of ~.J/4._ 19£!.

NOTARY PUBLIC IN AND FOR COUNTY OF ARLINGTON, STATE OF VIRGINIA

FILED FOR RECORD: 19' day or~'~ A•D.l961 atL(j :/0 o'clock .M.

RECORDED: vf?t:L:day oif/: ~""'~A.D.l961 at7f:tJ o o'clock C{ M -(/~ ~'A.J. Barnett,Clerk County ---..:. • -------miE~~~~~~~~~~=====·=:=====D~e~put Court, Denton Coun!y. Texas Exhibit 17 -A

Denton County Commissioners Court __J~_n_26, 2()10__ oate \D ~COlf5 Court Order Number The Order:

Mary Horn Abstain No Absent Commissioner Pet No 1 Yes 'jL Commissioner Pet No 2 Yes )(' Hugh Coleman Abstain Ron Marchant Abstain No No Absent Absent C.OJJJJI!i§sioner Pet No. 3 Yes 'A_ CgmmJssJQow.PclN_o .4 Yes ~ Bobbie J. Mitchell Abstain Andy Eads Abstain No No Absent Absent Motion Carried 5-0 ~ 0 Other Action: Pulled from Consent No Action __ Postponed __

BY ORDER OF THE COMMISSIONERS COURT: ATTEST:

Assistant District Attorney

/' '- ") ~ .' Oerilun County_-.· -', , _, p. 165 or 220

--------------~---·-·-------- RESOLUTION APPLYJNG SUBCHAPTER F. CHAPTER 233, TEXAS LOCAL GOVERNMENT CODE, TO CERTAIN RESIDENTIAL CONSTRUCTION IN UNINCORPORATED AREAS OF DENTON COUNTY- BEGUN AFTER FEBRUARY I, 2010 WHEREAS, the Texas Legislature passed HB 2833 during the 81" Regular Session, codified in Sections 233.151 through 233.157 of the Texas Local Government Code, to provide for the health, safety and general welfare of all Texans through home construction standards in the unincorporated areas of counties, and WHEREAS, the citizens of Denton County desire the construction of quality housing and wholesome living environments for its citizens living in unincorporated areas.

NOW, THEREFORE, BE IT RESOLVED, that we, the Commissioners Court of Denton County, in accordance with Section 233.153, Texas Local Government Code, order that construction of a new single-family house or duplex on a vacant lot begun after February !, 2010, in the unincorporated areas of Denton County must conform to either the version of the International Residential Code published as of May 1, 2008 or the version of the International Residential Code that is applicable in the City of Denton, Texas; and FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233.153, Texas Local Government Code, any construction of an addition to an existing single-family house or duplex, if the addition will increase the square footage or value of the existing residential building by more than 50 percent, begun after February I, 2010, in the unincorporated areas of Denton County must conform to either the version of the International Residential Code published as of May. 1, 2008 or the version of the International Residential Code that is applicable in the City of Denton, Texas; and FURTHERMORE, BE IT RESOLVED, that notwithstanding the above language and in accordance with Section 233. !53(c), if the above described construction occurs in the extrsterritorial jurisdiction of a municipality that has adopted a building code for the municipality's extrsterritorial jurisdiction, the building code adopted by the municipality controls and building code standards under Subchapter F of Section 233.153 of the Texas Local Government Code have no effect in that municipality's extraterritorial jurisdiction.

FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233.154(a), Texas Local Government Code, a minimum of three inspections must be performed to ensure substantial building code compliance in the construction of a new single-family house or duplex or the construction of an addition to an existing single-family house or duplex begun after February 1, 2010, in the unincorporated areas of Denton County. The three required inspections during the construction project, as applicable must be performed at (1) the foundation stage, before the placement of concrete; (2) the framing and mechanical systems stage, before covering with drywall or other interior wall covering; and (3) completion of construction of the residence.

For remodeling construction to an existing residence in which the structure's square footage or value will increase by more than 50 percent, theipspection requirements must be performed as ' ~ ' ' • f ! :

Resolution- Certain Residential Construction in Unincorporai~ Areas of Denton County· Chapter 233 Tex. L<>e. Gov't Code ·Page I of3

_____________.... .....;..,::._ .. ::.._... ____________ -· -·---~~--·---------------------~

necessary based on the scope of work of the construction project. The builder is responsible for contracting to perfollll the required inspections with (I) licensed engineer; (2) a registered architect; (3) a professional inspector licensed by the Texas Real Estate Commission; (4) a plumbing inspector employed by a municipality and licensed by the Texas State Board of Plumbing Inspectors; (5) a building inspector employed by a political subdivision; or (6) an individual certified as a residential combination inspector by the International Code Council. A builder may use the same inspector for all the required inspections or a different inspector for each required inspection; and FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233.154(b), Texas Local Government Code, a builder perfolllling construction of a new single-family house or duplex or the construction of an addition to an existing single-family house or duplex begun after February I, 2010, in the unincorporated areas of Denton County must, prior to beginning the construction project, provide notice to the Director of Public Works/Engineering. The Denton County Commissioners Court prescribes the Notice of Residential Construction in Unincorporated Areas attached to this Resolution as the required Notice. The notice must include (I) the location of the new residential construction; (2) the approximate date by which the new residential construction will be commenced; and (3) the version of the International Residential Code that will be used by the builder to construct the new residential construction, and FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233.!54(c), Texas Local Government Code, not later than the I Oth day after the date of a final inspection, a builder perfolllling construction of a new single-family house or duplex of the construction of an addition to an existing single-family house or duplex begun after February I, 2010, in the unincorporated areas of Denton County must submit notice to (I) the Director of Public Works/Engineering and (2) the person for whom the new residential construction is being built, if different from the builder, stating whether or not the inspection showed compliance with the building code standards applicable to that phase of construction. The Denton County Commissioners Court prescribes the Notice of Residential Construction Inspection Compliance in Unincorporated Areas attached to this Resolution as the required Notice.

HUGH COLEMAN, COMMISSIONER PRECINCT I Resolution- Certain Residential Construction in Unincorporated Areas of Denton County· Chapter 233 Te•. Loo. G<>v't Code - Pago2of3

--~----~------------~ OMMISSIONER

AITEST:

Resolution- Certain Residential Construction in Unincorpornted Areas of Denton County- Chapter 233 Tex. Loc. Gov't Code • Page3 of3

·-·-·-·-··------------- -----··············---------------------- DENTON COUNTY NOTICE OF RESIDENTIAL CONSTRUCTION IN UNINCORPORATED AREA

BUILDER/ CONTRACTOR INFORMATION COMPANY NAME: _____________________________________________________________

BUSINESS ADDRESS: MAILING ADDRESS (IF DIFFEREl'lT):

PHONE NUMBER: HMMLADDRESS: ---------------------------------- FAX NUMBER: ------------------CONTACT PERSON:-------------------------------

PROJECI !NFORMAJ!ON TYPE OF CONSTRUCTION: (CHECK ONE) C ] New Residential Consfruction on Vacant Lot [ I Addition to an Existing Residential Unit LOCATION ADDRESS (INCLUDINO ZIP CODE): OR LOT AND BLOCK# __________________ SUBDIVISION:------'-~----------------- SURVEY: - - - - - - - - - - - - - - - - - - - - - - - - - ~CT: ------------------------- PLANNED DATE TO BEGIN CONSTRUCTION: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

RESIDENTIAL CODE TO BE USED IN CONSTRUCTION: (CHECK ONE) [ I INTERNATIONAL RESIDENTIAL CODE -published May I, 2008 [ I INTERNATIONAL RESIDENTIAL CODE- applicable in Denton

AlTfHORIZBD REPRESENTATIVE SIGNA11JRB PRINTED NAME DATE DENTON COUNTY NOTICE OF RESIDENTIAL CONSTRUCTION INSPECTION COMPLIANCE Received IN UNINCORPORATED AREA Permit#

!NSPECfQR INFOBMAT!ON NAME: ______________________________________________________

BUSINESS ADDRESS: MAILING ADDRESS (IF DIFFERBNn

PHONBNUMBER: -----------EMAIL A D D R E S S : - - - - - - - - - - - - - - - - FAX NUMBER: ----~---- PROPESSJONALREOJSTRATION (TYPE AND#) _ _ _ _ _ _ _ ___

PBOJECT INFORMATION DATEOFINSPECf!ON: - - - - - TYPEOFCONSTBUCTION: (CHECK ONE) LOCATION [ ] New Residential Construction on Vacant Lot ADD~S: _______________ [ ] Addition to an Existing Residential Unlt

RESIDEIIT!AL CODEUSED IN CONSTRUCfiON: (CHECK ONE) [ 111ITERNATIONAL RESJDEIITIAL CODE- published May I, 2008 OR LOT AND BLOCK# - - - - - - [ 111ITERNATIONAL RESIDENTIAL CODE- applicable in Denton SUBDMSION: - - - - - - - - CONSTRUCTION PHASE: (CHECK ONE) SURVEY:------------- [ ] FOUNDATION STAGE (before placement of concrete) [ ] FRAMING AND MECHANICAL SYSTEMS STATE (before covering TRACf: - - - - - - - - - - - with dcywall or othor interior wall covering) [ 1 COMPLETION !NSPECf!QN CONCLUSION At the indicated stage ofconstruction, the proJect indicated above is: (check one) [ ] IN COMPLIANCE [ 1NOT IN COMPLIANCE with the residential code used in construction.

COMMENTS:

SIGNATUBE OF INSPECTOR PRINTED NAME DATE 10- A

AGENDA PLACEMENT MEMO DATE: Jan 22, 2010 · TO: Commissioners Court FROM: Bennett Howell SUBJECT: Resolution -Residential Construction in Unincorporated Areas of Denton County

REQUESTI;:D ACTION/RECOMMENDAI!QN Approval of a resolution applying Subchapter F, Chapter 233, Texas Local Government Code, to certain residential construction in unincorporated areas of Denton County- begun after February 1, 2010, and any appropriate action.

The Texas State Legislature enacted HB 1038 during the 80th Regular Session, effective September 1, 2007, that provided criteria for the inspection of homes which heretofore were not subject to the inspection codes of a municipality. The requirements of this bill was supposed to result in homes that were in greater compliance with the accepted residential building standards, safer and with fewer construction defects.

The Legislature also created the Texas Residential Construction Commission (TRCC) to oversee this new law. The TRCC was also supposed to license builders, monitor compliance and store the Inspection records.

The Legislature during the 81st Regular Session passed HB 2833 which essentially eliminated the TRCC and placed the responsibility on the county government to ensure residential home builders were complying with HB 1038. However, HB 2833 did provide counties with the authority to enact building codes, inspect the structures or require the builders to provide inspection documentation, it specially stated that counties cannot charge a fee for this service.

This proposed Resolution provides that the County will be the depository for the home inspection documentation for homes constructed after February 1, 2010. Home builders will be required to notify the County when construction is going to begin and submit documentation that the inspections were made in accordance with HB 2833.

OPERATIONS AND MAINTENANCE.

Denton County Planning Departfl1imt will provide the forms to the builders and file the inspection records as part of the curr!)nt Development Permit Application. This Resolution will not place any further burdens on the builders since these inspections Jan 22, 2010 8:20AM Denion County p. 166of 220

----------------~--~-- .. -··+·'-------·----------------- ---- .............. - ~----------·----------·-~--

were supposed to be occurring prior to 2007.

l.E~,t>._L_!~EORMATION The Legal Department has worked closely with the Public Works Department on this Resolution.

E!JIIANCIAI,.JMF'ACT This Resolution will not have any financial impact on the County or the home builder.

The Resolution has an effective date of February 1, 2010.

PRECEDJN(LCQIJRT ACI1QN None

Jan 22, 2010 8:20AM Denloh Counw p. 167 or 220

----------------------------··~··~·----------------------------------- 10- A

Denton County Commissioners Court Request For Agenda Placement Submitted By: Bennett Howell Requested Agenda Date: Jan 26, 2010 Department: Public Works/Engineering Grouping: PUBLIC WORKS

Specific Agenda Wording: Approval of a resolution applying Subchapter F, Chapter 233, Texas Local Government Code, to certain residential construction In unincorporated areas of Denton County begun after February 1, 2010, and e

any appropriate action.

APPROVAL FLOW -A - Resolution -Residential Construction in Unincorporated Areas of Denton County

.

Jan 22, 2010 8:20AM Den-tori ~Ouilt~'- p. 164 or 220 ,I)< -·~~----·~'"'-· ~~j..o.v~~.:...· ....~·>' ---~ CI~H riFlED COPY CERTIFICATE STATE OF TEXAS, COUNTY OF DENTON I, CYNTHIA MITCHELL, County Cleric o f Donlon County, ·l exas clo hereby certify that this Is a true & correct cor y as same appears of re ord In my olfice.

Wilnr.ss my hn of olfica on

Cynthia Mitchell Denton County Clerkt By Deputy \~ I 1 \ Exhibit 18 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) hereby certify, in the performance of the function s o f my office, that the attached instruments are full , true and correct cop ies of Denton County Noti ce to Home Builders and Home Buyers. The same appear of record in my office and said docume nts are the o ffici al records from the publ ic office of the Public Works Department of Denton County, Texas, and arc kept in said o ffice.

[ fut1her certify that I am the Director of Public Works for Dento n County, Texas, that I have lega l custody of sa id records, and that I am a lawful possessor and keeper of the records in sa id office.

ln w itness whereof I have here unto set my hand this I st day of Apri l, 20 14.

Bennett C. Howel l fiT , P E, C F Denton County State o fTexas { Denton Count~ Ucparhncnt of Public Worl<s ;:- - . ..... Enginccrin~ J)ivisimt . / 1505 East McKinney Street, Suite 175- Denton, Tc~ns 76209 ... . ~ ~ 940.349.3250 phone- 940.349.2991 fa~ www.dcntoncounty.com ..IS .tl> . ... ~-

NOTICE Ho1ne Builders and Home Buyers On Januar) 26. 20 I 0. Denton Count~ Commissioners Court apprm cd a resol ution that nppli~s to Cl.!rtain resich.:ntial construction in the unincorporateJ an:ns or Denton County.

Th is resolution applies to you if: • Ynu are building ~~ homl.! 111 the unincorporated an;as ul· l kntLm Cuunt) after Februar~ I. ::w I 0: or • You arc remodeling i_Ul 1..''\iSLing hOilll..' in thl.! unincmporateJ areas or Denton Count~ after Fcbntar) I. ~0 I 0 and the addition incrca.s~s the square footage or val ue of the existing home h} mnn.' than 500,o. • This appl ies if you arc constructing a singk-l'amily house or Jupkx.

The nc\\ home const1·uction and rcmudl'l must conform to either·: • l ntermniona l Residential Code published as or May I. 200S: or • I"IH: version uf' the fnlernational ResicJcntiall'odt.: that i!' applicable in the City of' D~:nt0n. T he State l<m rcquin.:s the builder to usc l'itht.:r the l ntcrnmional Rc:sitkntial Code publi shed as uf Ma~ I. ~OOH or the International Residential Code adopted hy the County Seat. \\hieh in Den ton County i:- the Ci ty ul' Denton.

Building in the ExtJ·a Territorial .Jurisdiction (ET.J):

What arc the builder'~ rcsponsihilitics'?

• rhree required inspe<.:tions during the t:OilSlrU<.:tion project.

I he foundation stage bel"on: the placement or concrete: o The f'raming and mct:hani~.:al system!-> stage b~:rorc covering wi th drywa ll or other interi or vva ll covering: anJ ur (' omplct ion 0 r construct i (lll the rcsiJent:e.

o For remodeling prujccb that meet the definition of this resolution, the number or inspecti ons are ba!-.1.!0 on the scope or work or the project Who performs these inspections'?

• Licctht:d Engineer: • Registered Architect: • Profess ionallnspl'Ctor liccn::.cd b) the Texu~ Real bilate Comm issio n: • Plumbing Inspector employed by a municipulity and licensed by the Tcxa<; State 11oard or Plumbers: • Building Inspector employed b~ a po liti cal subdi vision: nr • Individua l certilicd a<> a residential combination inspcCtl)f hy the Internal Code Counci l. • The builder muy usc the s;,.tme inspector ror all th\.! n.:quired inspec tio ns o r a different inspcc10r li.1r each rcquircd inspection.

Who receives the documentation~,

• lh.: builder shall prov ide the inspection inflmnati nn to the home buyer and Denton Coumy Public Works. • T he rcquin:J fbrm s me attacht.:d to thi ~ Notice.

o The builder uses tht: lirst form to nntil) the County spcc ilieall~·: • Location of the new residential co nstruction • /\pproximutc Jatc b~ \\ hi ch lhl.! constru<.:tion "ill he commenced • Tht: \'crsion or the International Res identia l Codl! used to construct the hl)l11e o The bui lder uses the s~cond form lo tloc wnent the inspections.

RESOLUTION APPLYING SUBCHAPTER F. CHAPTER 233, TEXAS LOCAL GOVERNMENT CODE, TO CERTAIN RESIDENTIAL CONSTRUCTION IN UNINCORPORATED AREAS OF DENTON COUNTY- BEGUN AFTER FEBRUARY 1, 2010 WHEREAS, lhe Texas Legislature passed HB 2833 during the 81st Regular Session, codified in Sections 233.151 through 233.157 ofthe Texas Local Government Code, to provide for the health, safety and general welfare of all Texans through home construction standards in the unincorporated areas of counties, and WHEREAS, the citizens' of Denton County desire lhe construction of quality housing and wholesome living environments for its citizens living in unincorporated areas.

NOW, THEREFORE, BE IT RESOLVED, that we, the Commissioners Court of Denton County, in accordance with Section 233.153, Texas Local Government Code, order that construction of a new single-family house or duplex on a vacant lot begun after February I, I 0, in the unincorporated areas of Denton County must conform to either the version of the lnlemational Residential Code published as of May 1, 2008 or the version of the International Residential Code that is applicable in the City of Denton, Texas; and FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233.153, Texas Local Government Code, any construction of an addition to an existing single-family house or duplex, if the addition will increase the square footage or value of the existing residential building by more than 50 percent, begun aft.er February I , 2010, in the unincorporated areas ofDenton County must conform to either the version of the International Residential Code published as of May . 1, 2008 or the version of the Lntemational Residential Code that is applicable in the City of Denton, Texas; and FURTHERMORE, BE IT RESOLVED, that notwithstanding the above language and in accordance with Section 233. 153(c), if the above described construction occurs in the extraterritorial jurisdiction of a municipality that has adopted a building code for the municipality's extraterritorial jurisdiction, the building code adopted by the municipality controls and building code standards under Subchapter F of Section 233 .153 of the Texas Local Government Code have no effect in that municipality's extratenitorial jurisdiction.

FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233.154(a), Texas Local Government Code, a minimum of three inspections must be performed to ensure substantial building code compliance in the construction of a new single-family house of duplex or the construction of an addition to an existing single-family house or duplex begun after February I, 20 I 0, in lhe unincorporated areas of Denton County. The three required inspections during the construction project, as applicable must be performed at (I) the foundation stage, before the placement of concrete; (2) the framing and mechanical systems stage, before covering with drywall or other interior wall covering; and (3) completion of construction of the residence.

For remodeling construction to an existing residence in which the structure's square footage or value will increase by more tJ1an 50 percent. the inspection requirements must be perform~d as Resolution - Cc:na in R~iden tial Constm ction in Unincorporated An.'llS of Denton County · Chapa:r 233 Te.\. Loc. Gov't Code · Page 1 of 3 necessary based on the scope of work of the construction project. The builder is responsible for contracting to perform the requi red inspections with ( I ) licensed engineer; (2) a registered architect; (3) a professional inspector licensed by the Texas Real Estate Commission; (4) a plumbing inspector employed by a municipality and licensed by the Texas State Board of Plumbing Inspectors; (5) a building inspector employed by a politi cal s ubdivision; or (6) an indi vidual ce1tified as a residential combination inspector by the International Code Council. A builder may use the same inspecto r for a ll the required inspections or a different inspector for each req uired inspection; and FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233. 154(b), Texas Local Government Code,~ builder performing construction of a new single-family house or duplex or the construction of an addition to an existing single-family house or duplex begun after February I , 20 I 0, in the unincorporated areas of Denton County must, prior to beginning the construction project, provide notice to the Director of Public Works/Engineering. The Denton County Commissioners Court prescribes the Notice of Residential Construction in Unincorporated Areas attached to this Resolution as the required Notice. The notice must include (1) the location of the new residential construction; (2) the approximate date by which the new residential construction will be commenced; and (3) the version of the International Residential Code that will be used by the builder to construct the new residential construction, and FURTHERMORE, BE IT RESOLVED, that in accordance with Section 233 . 154( c), Texas Local Government Code, not later than the I 0 day after th e date of a final inspection, a builder performing constructio n of a new single-fami ly bouse or duplex of the construction of an addition to an existing single-family house or duplex begun after February I , 2010, in the unincorporated areas of Denton County must s ubmit notice to (1) the Director of Public Works/Engineering and (2) the person for whom the new residential construction is being buil t, if different from the builder, s tating whether or not the inspection showed compliance with the bui lding code standards applicable to that phase of construction. The Denton County Commissioners Court prescribes the Notice of Residential Construction Inspection Comp liance in Unincorporated Areas a ttached lo this Resolution as the required Notice.

IN WITNESS THEREOF, we have hereunto set our hands and caused the great sea] of Dcnton Countyto be affixedthis ,"XL dayof ]'..,,,, ,_, ,2010.

ADOPTED fN OPEN COURT the _j!::._ day of Janu!ll}.. 2010 upon Motion made by )._ k~Ac 1/i 1; /~II and seconded by 4',, /, cr-1- >~ , and J members of the court being [ 'and voti0 /1 '

MARY HO"--·~'-J

H GH COLEMAl\J. COMMISSIONER PRECINCT I Ro:solution - Ct:nain Residential Construction in Unincoi'JX)ratcd Areas of Denton County - Chapter 233 Tt:x. Loc. Gov't Code · Pugc 2 of 3 MMISSJONER

AITEST: CYNTH IA MITCHELL, County Clerk and Ex-Officio Clerk oft mmissioners Court of Denton ~op~ty , ("_- ......- .~r.... '• '\ ·....

Rcsoluuon- Certain Residential Construction in Unincorporated Are~ of Denton County- Chapter 233 Tex . Loc Gov't Code ·Page 3 of3 DENTON COUNTY Received NOTICE OF RESIDENTIAL CONSTRUCTION IN UNINCORPORATED AREA Permit#

BUILDER I CONTSACTOR INFORMATION COMPANYNAM~ ----~--------~-------------------------------------------------- BUSINESS ADDRESS: MAILING ADDRESS (IF DIFFERENT):

PHONE NUMBER: - -- -- -- -- - - -- - - - - - EMMLADD~S: - -- -- - - -- - - - - -- -- -- - - - - - - -- - - - - -- - - FAX NUMBER: - - - -- - - -- - - -- -- -- - - CONTACT PERSON:--------------- - - - - - - -- -- - - - - - - - - --

PRO,JECf JNFORMA TJON lYPE OF CONSTRUCTION: (CHECK ONE) [ 1New Residential Construction on Vacant Lot [ 1Addition to an Existing Residential Unit LOCATION ADDRESS (INCLUDIN G ZIP CODE): OR LOTANDBLOCK # _______________________ SUBDIVISION: - - - - - -- -- - - - - - - - - - - - - - - - - - SURVEY: ----------------------------- TRACT: - -- -- - - - - - - - - - - - - - - - - - - -- - - - PLANNED DATE TO BEGIN CONS'ffiUCTION :

RESIDENTIAL CODE TO BE USED IN CONSTRUCTION: (CI:fECK ONE) ( J!NTERNATIONAL RESIDENTIAL CODE -published Muy I, 2008 [ ] INTERNATIONAL RESIDENTIAL CODE- applicable in Denton

AUTHORJZED REPRESENTATJVE SIGN ATURE PRJNTED NAME DATE DENTON COUNTY NOTICE OF RESIDENTIAL CONSTRUCTION INSPECTION COMPLIANCE Reccivc:d IN UNINCORPORATED AREA Permit#

INSPECTOR INFQRMATION NAME: __________________________________________________________________ BUSINESS ADDRESS: MAILING ADDRESS (IF DlfFERENT):

PHONENUMB~ ----------------- ~LADDRESS : __________________________________

FAX NUMBER: -------------------PROFESSIONAL REGISTRATION (TYPE AND 1/) - - - - - - - - - - - - - - - - - -

PROJECT INFORMATION DATE OF INSPECTION: ---------- TYPEOFCONSTRUCTION: (CHECK ONE) LOCATION [ JNew Residential Construction on Vacant Lot ADDRESS: ----------------- - [ ) Addition to an Existing Residential Unit

RESIDENTiAL CODEUSED IN CONSTRUCTION: (CHECK ONE) [ ) INTERNATIONAL RESIDENTIAL CODE- published May 1, 2008 OR LOT AND BLOCK# _ _ ___ ( ) INTERNATIONAL RESIDENTIAL CODE- applicable in Denton SUBDIVISION: - -- -- - - - - - - - - - CONSTRUCTION PHASE: (CHECK ONE) SURVEY: _ _ _ _ __ _ __ __ [ ) FOUNDATION STAGE (before placement of concrete) [ ) FRAMING AND MECHANICAL SYSTEMS STATE (before covering TRACT: _ ________ _____ with drywall or other interior wall covering) [ ) COMPLETION INSPECTION CONCLUSION At the indicated stage of construction, the project indicated obove is: (check one) ( J £N COMPLIANCE [ ) NOT IN COMPLIANCE with the residential code used in construction.

COMMENTS:

SIGNATURE OF INSPECTOR PRINTED NAME DATE Exhibit 19 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instmments are full, true and correct copies of the Town of Lakewood Village Ordinance 08-06. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office.

I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that 1 am a lawful possessor and keeper of the records in said office.

In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day of March, 2014.

Lmd Asbell, TRMC, Town Secretary Town of Lakewood Village Denton County State of Texas TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE NO. 08·06 AN ORDINANCE OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS, REGULATING SUBDIVISIONS AND OTHER PROPERTY DEVELOPMENTS, PROVIDING FOR PRELIMINARY PLATS, FINAL PLATS, MINOR PLATS, VACATION OF PLATS, REPLATS AND AMENDMENT OF PLATS; PROVIDING FOR DEVELOPMENT PROCESS; PROVIDING FOR STANDARDS AND REQUIREMENTS; PROVIDING FOR STREETS AND DRAINAGE, WATER AND SEWER INFRASTRUCTURE; PROVIDING SEVERABILITY CLAUSE; PROVIDING SAVINGS CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A REPEALER; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Town Council ("Town Council") desires to review for approval or disapproval plan, plats, and replats filed with the Town as authorized by Chapter 212, Tex. Loc.

Gov. Code (Vernon), as amended; and WHEREAS, the Town Council finds that there is a public necessity requiring adoption of this Ordinance, said public necessity being the need to establish rules and regulations for subdivisions and property development; and WHEREAS, the Town Council is authorized and empowered to or require the developer to (i) design, install or improve streets, roads, water and a sanitary sewer systems within the Town by constructing, extending, or enlarging such system, and is further authorized to adopt any rules and regulations appropriate to the exercise of such powers, and to (ii) protect the public health, welfare and safety of the citizens of the Town; and WHEREAS, the Town Council hereby finds that the adoption of this Ordinance is in the best interests of the health, safety and welfare of the citizens of the Town.

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS :

ARTICLE I. IN GENERAL Sec. 1. Short title.

The following regulations are hereby adopted and shall be known and may be cited as "Town of Lakewood Village Subdivision and Property Development Regulations." Sec. 2. Definitions.

The following words, terms, and phrases, when used in this chapter, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning.

Words not specifically defined shall have the meanings given in Webster's Ninth New Collegiate Dictionary, as revised.

Accessory structure or building shall mean a subordinate structure or building customarily incident to and located on the same lot occupied by the main structure or building.

Applicant shall mean the owner(s) of the property to be developed.

Bond shall mean any form of security, including a cash deposit, surety bond, or instrument of credit in an amount and form approved by the Town.

Building shall mean any structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattel or property of any kind.

Town means Town of Lakewood Village.

Town Council means Town Council of the Town of Lakewood Village.

Town standards shall mean those standards and specifications, together with all tables, charts, graphs, drawings and other attachments hereinafter approved and adopted by the Town Council, which may be amended from time to time, and are administered by the Town staff for the construction and installation of streets, sidewalks, drainage facilities, water and sanitary sewer mains and any other public facilities. All such facilities which are to become the property of the Town upon completion must be constructed in conformance with these standards.

Construction plans shall mean the maps, drawings and technical specifications, including bid documents and contract conditions, where applicable, which provide a graphic and written description of the character and scope of the work to be performed prepared for approval by the Town for construction.

Cross drainage shall mean a defined waterway course, approximately perpendicular to the proposed roadway, which requires the construction of a bridge, pipes or box culvert, or other structure to conduct drainage under the roadway.

Developer shall mean any person, corporation, governmental or other legal entity engaged in the development of property by improving a tract or parcel of land for any use. The term "developer" is intended to include the term "subdivider." Development shall mean the construction of one (1) or more new buildings or structures, or the structural alteration, relocation or enlargement of one (1) or more new buildings or structures of an existing building or structure on one (l) or more building lots or sites, or the installation of site improvements.

Ordinance 08-06/ Subdivision Page2 of23 Easement shall mean a grant by a property owner to the public, a corporation, or persons for a general or specific use of a defined strip or parcel of land, for such purpose as the installation, construction, maintenance and/or repair of utility lines, drainage ditches or channels, or other public services, the ownership or title to the land encompassed by the easement being retained by the owner of the property.

Engineer shall mean any person duly authorized under the Texas Engineering Practice Act (V.A.C.S. art. 3271a), as amended, to practice the profession of engineering.

Engineering plans shall mean the maps and drawings required for plat approval.

Lot shall mean an undivided tract or parcel of land having access to a street, which is designated as a separate and distinct tract or lot number or symbol on a duly approved plat filed of record. The terms "lot" and "tract" shall be used interchangeably.

Off-site shall mean any premises not located within the property to be developed, regardless of ownership.

Owner shall mean any persons, firm or corporation having legal title to the property.

Plat shall mean a map representing a tract of land showing the boundaries of individual properties and streets or a map, drawing, chart, or plan showing the layout of a proposed subdivision into lots, blocks, streets, parks, school sites, commercial or industrial sites, drainageways, easements, alleys, which an applicant submits for approval and a copy of which he intends to record with the County Clerk of Denton County.

Plat, final, shall mean the map or plan of a proposed development submitted for approval by the Town Council, where required, prepared in accordance with the provisions of this chapter and requested to be filed with the County Clerk of Denton County.

Plat, preliminary, shall mean the initial map or plan of a proposed development showing the general layout of streets, blocks and lots, utility systems, and drainage systems.

Right-of-way shall mean a strip of land acquired by dedication, prescription or condemnation and intended to be occupied by a road, sidewalk, railroad, electric transmission facility, water mains, sewer mains, storm drainage or other similar facility. Rights-of-way intended for streets, sidewalks, water mains, sewer mains, or any other use involving maintenance by a public agency shall be dedicated to the public use by the plat applicant either by easement or in fee simple title.

Streets and alleys shall mean a way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, alley, place or however otherwise designated. Town streets shall conform to the following classifications: (1) Arterial streets and highways are those which are used primarily for higher speed and higher volume traffic. Routes for such streets shall provide for cross-town circulation and through-town movements.

Ordinance 08-06/ Subdivision Page 3 of23 (2) Collector streets are those which carry traffic from minor streets to the m[\jor system of arterial streets and highways, including the principal entrance, circulation streets of a residential development and streets for circulations within such a development of a residential subdivision.

(3) Minor streets are those, which are used primarily for access to abutting properties.

(4) Marginal access streets are minor streets located parallel to and adjacent to arterial streets and highways, providing access to abutting properties and protection from the traffic of the thoroughfares.

(5) Alleys are minor ways used primarily for access to abutting properties for vehicle service usually to the back or side of a property.

Structural alterations shall mean the installation or assembly of any new structural components, or any change to existing structural components, in a system, building or structure.

Structure shall mean anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground, including, but not limited to, buildings of all types and ground signs, but exclusive of customary fences or boundary or retaining walls.

Subdivision shall mean dividing a tract in two (2) or more parts for the purpose of creating lots, including an addition to the Town, to lay out suburban, building or other lots or to lay out streets, alleys, squares, parks, or other parts of the tract intended to be dedicated to the public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks or other parts. "Subdivision" refers to any division irrespective of whether the actual division is made by metes and bounds description in a deed of conveyance or a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method. A subdivision does not include a division of land into parts greater than five (5) acres, where each part has access and no public improvement is being dedicated.

Sec. 3. Purpose.

The purpose of this ordinance is to set forth the procedures and standards for development of property, layout and design of subdivisions or real property within the corporate limits of the Town which are intended to promote the health, safety and general welfare of the Town and the safe, orderly, and healthful development of the Town.

Sec. 4. Compliance required.

(a) Any owner of land who proposes the development of a lot or tract of land located within the corporate limits of the Town or the subdivision of a lot or tract located in the corporate limits of the Town shall have a plat of the lot or tract of land or subdivision prepared and approved in accordance with all Ordinances of the Town and recorded with the County Clerk of Denton County.

Ordinance 08-06/ Subdivision Page4 of23 (b) Notwithstanding paragraph (a) above, a plat shall not be required where the development of the lot or tract of land is for the sole purpose of performing alteration(s) or improvements to an existing single-family residence or the auxiliary uses thereto. All such alterations or improvements must be permitted in compliance with all applicable codes and ordinances of the Town (c) No Final Plat shall be approved within the Town of Lakewood Village or its extraterritorial jurisdiction until the applicant has made adequate provision for thoroughfares as shown on the Thoroughfare Plan (map) as approved by the Town. The Thoroughfare Plan is a guide for the roadway connections and types that will be needed in the future. Subject to Town Council, or designee approval, as long as the connection is made, whether or not it is close to the exact alignment shown on the Thoroughfare Plan, no Thoroughfare Plan amendment should be necessary. The design and construction of the proposed thoroughfare shall be in conformance with the Town's master plans for thoroughfares and with any adopted Development Standards for Construction (DSC), and shall be subject to approval by the Town Council, or designee. If a different roadway type is found to be adequate or if the connection is not proposed to be made, then the plat may not be approved unless the thoroughfare plan is amended. A Traffic Impact Analysis may be required prior to approval of the proposed amendment .

ARTICLE II. PLATS DIVISION 1. GENERALLY Sec. 5. Fees.

The applicant for approval of a preliminary plat, final plat, replat, amended plat, minor plat or modified final plat shall, upon submission of the plat application and all required documentation, pay a nonreturnable fee, as established by the Town Council, for the review and processing of the plat application. Upon approval of the final plat, replat, amended plat or final minor plat, the applicant shall pay an additional recording fee established by the county for recording the plat with the county clerk.

Preliminary, Replat and Final Plat Review Fees. A preliminary plat review fee and final plat review fee shall be paid to the Town upon the filing of the preliminary and final plat in accordance with the following schedule: (a) Plats that are platted by the acre: (1) $500 per plat plus $10.00 per acre when there are less than three (3) acres; or (2) $600 per plat plus $20.00 per acre when there are three (3) or more acres.

(b) For purposes of this section, the term "lot" shall mean any tract of land which is one (1) acre.

Ordinance 08,06/ Subdivision PageS of23 Sec. 6. Process for approval.

(a) The plat shall be scheduled for consideration at the next regular meeting of the Town Council.

(b) If the plat is disapproved by the Town Council, the applicant may correct the items of concern and resubmit the plat for approval one (I) time within six (6) months by paying one-half (1/2) of the original fee. If the plat is disapproved a second time or if a second request is not received within six (6) months of the first disapproval, the applicant will be required to repeat the plat application process from the beginning and pay all standard application fees.

(c) An applicant may withdraw his plat application from consideration at any time during the application process by filing a written notice of withdrawal with the Town. Upon filing the notice to withdraw, the Town shall discontinue processing the plat application. The applicant must file a written request to proceed with further consideration of the plat within six (6) months of withdrawal and the Town shall continue the application process. If the request to proceed with further consideration of the plat is filed more than six (6) months after filing the notice of withdrawal, the applicant shall be required to repeat the plat application process from the beginning and pay the standard application fees.

Sec. 7. Requirements for approval of application by Town Council.

(a) Within thirty (30) days of the date that the application is deemed administratively complete, the Town Council shall approve a plat if it complies with the requirements of this chapter, the applicant is not in arrears in the payment of any debts owed the Town required by this chapter on a previous plat, it conforms to the general plan of the Town and its current and future streets, alleys, parks, playgrounds, and public utility facilities plans, and it conforms to the Town's general plan for the extension of roads, streets, and public highways, taking into account access to and extension of sewer and water mains and instrumentalities of public utilities.

(b) A plat is considered approved by the Town Council unless it is disapproved within such thirty-day period.

Sec. 8. Recordation.

(a) Preliminary plats are not recorded with the county clerk.

(b) Applicant shall record all plats with the county clerk upon the Town Council's approval of the plat and the applicant's submission of the required recording fee to the County.

(c) Applicant shall record all other plats with the county clerk upon the Town Council's approval of the plat and the applicant's submission of the required recording fee to the County.

Ordinance 08-06/ Subdivision Page 6 of23 (d) A final plat shall become null and void six (6) months after its approval by the Town Council, unless the final plat is filed and recorded in Denton County Clerk Real Property Records.

(e) A general development plan shall become null and void six (6) months after its approval by the City Council, unless the general development plan is filed and recorded in Denton County Clerk Real Prope1ty Records .

Sec. 9. Approval of preliminary plats.

Approval of a preliminary plat shall be deemed to be an expression of approval to the layout submitted as a guide to the preparation of the final plat and shall not constitute approval of a final plat.

DIVISION 2. PRELIMINARY PLATS Sec. 10. Form, contents and required documentation.

(a) Preliminary plats shall be filed with the town secretary. The town secretary shall stamp the following notice on the face of each preliminary plat: "Preliminary plat for inspection purposes only and in no way official or approved for record purposes and not approved for construction." (b) When filing a preliminary plat application, it shall be accompanied by the following minimum documentation: (1) Completed preliminary plat application; (2) Eight (8) copies of the plat; (3) Eight (8) copies of engineering plans; (4) Deed showing current ownership of the platted property; (5) Tax certificates showing property owner is not in an·ears in payment of taxes; and (6) Nonrefundable application fee, as established by the Town Council.

(c) Preliminary plats must meet the following criteria and contain the following information: = (1) Scaled drawing no smaller than 1" 200' on a sheet size no greater than twenty-four (24) inches by thirty-six (36) inches (multiple sheets may be submitted; however, each sheet must be registered and match lines to allow assembly of the multiple sheets); (2) Boundary of the subject tract;

Ordinance 08-06/ Subdivision Page 7 of23 (3) All existing and/or proposed streets and alleys with street names, widths and relation to surrounding existing street patterns; (4) Approximate width and depth of all proposed lots; (5) Layout, in dotted lines, of all adjacent lots to the property being platted showing lot size, lot and block numbers, name of existing subdivision or property owner if undeveloped property; (6) FEMA designated 100-year floodplain boundary; (7) Date, scale, north point, and small scale location map; (8) Name and address of all property owners of the property being platted; (9) Name and address of engineer and surveyor; and (10) Signed statement of the engineer and/or surveyor who prepared the preliminary plat indicating the records or survey from which the property description of the boundary of the proposed plat was developed.

(d) The engineering plans shall be in compliance with the current adopted construction standards of the Town and shall consist of the following: (1) Layout of all needed off-site utilities; (2) Water system layout, including size of line and fire hydrant location; (3) Sewer system layout, including size of line, location of manholes and cleanouts; (4) Drainage plan prepared in accordance with standard 100 year flood frequencies rainfalls which shows the overall analysis of the change of existing condition to fully developed condition and identify approximate location where water will exit the subdivision. Drainage plan shall show all contours for proposed development; and (5) As-built drawings of existing structures, if applicable.

DIVISION 3. FINAL PLATS Sec. 11. Form, contents and required documentation.

(a) Final plats are mandatory.

(b) In cases where a preliminary plat was previously approved, the final plat shall conform to the approved preliminary plat.

Ordinance 08-06/ Subdivision Page 8 of23 (c) Final plats shall be filed with the City Secretary and shall be accompanied by the following minimum documentation: (1) Completed final plat application; (2) Eight (8) copies of the plat; (3) Eight (8) copies of engineering plans; (4) Deed showing current ownership of the platted property; (5) Tax certificates showing property owner is not in arrears in payment of taxes; (6) A statement on the plat application showing that all fees owed the Town on any prior projects has been paid in full at the time the application was filed; and (7) Nonrefundable application fee, as established by the Town Council.

(d) Final plats must meet the following criteria and contain the following information: = (1) Scaled drawing no smaller than 1" 100' on a sheet size no greater than twenty-four (24) inches by thirty-six (36) inches (multiple sheets may be submitted; however, each sheet must be registered and match lines to allow assembly of the multiple sheets and an index sheet shall be drawn on a sheet twenty-four (24) inches by thirty- six (36) inches showing the entire property being platted); (2) The shape and the exterior boundaries of the property being platted shall be indicated by the use of a distinctive and individual symbol; (3) The length of all straight lines, deflection angles, radii, arcs, and central angles of all curves shall be given along the property lines of each street or tabulated on the same sheet showing all curve data with its symbol. All dimensions along the lines of each lot with the angles of intersections which they make with each other shall be indicated; (4) The names of all adjoining subdivisions, the side lines of abutting lots, lot and block numbers, all in dotted lines, and where possible, accurate reference ties to at least two (2) adjacent recognized land comers shall be clearly indicated; (5) The description and location of all survey monuments placed on the property being platted shall be indicated; (6) A title shall be indicated, including the name of the property being platted, the name of the applicant and scale and location of the property being platted with reference to original surveys and a north point which may be magnetic or true north, with notation stating which.

Ordinance 08-06/ Subdivision Page9 of23 (7) FEMA designated 100-year floodplain boundary, including finish floor elevation established a minimum of two (2) feet above the calculated 100 year flood. A surveyor's certificate shall be placed on the final plat as follows: KNOW ALL MEN BY THESE PRESENTS: That I, , do hereby certify that I prepared this plat from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under my personal supervision, in accordance with the Subdivision and Property Development Regulations of the Town of Lakewood Village, Texas.

Signature Texas Reg. No.

(9)A cettificate of ownership and of dedication of all streets, alleys, easements and lands to public use forever, signed and acknowledged before a notary public by the owner of the land, shall appear on the face of the map, containing complete and accurate description of the property being platted and the streets dedicated; (10) The applicant will furnish the Town a copy of the dedication at the same time the final plat is submitted for approval; and (11) The following certificate of approval by the Town Council shall be placed on the plat: Approved this day of _ _ _ , 20_ _ _ , by the Town Council of the Town of Lakewood Village, Texas.

Mayor Town Secretary (e) The engineering plans shall be in compliance with the current adopted construction standards of the Town and shall consist of the following: (1) Street layout and grades; (2) Water system layout, including size of line and fire hydrant location; (3) Sewer system layout, including size and grade of lines, location of manholes and cleanouts, and lift station design;

Ordinance 08-06/ Subdivision Page 10 of23 (4) All drainage structure designs, analysis of as-is and full development for where the water exits the subdivision, analysis of all streets to determine if they meet drainage criteria, FEMA floodplain and floodway boundaries (if applicable), and letter(s) of release from property owners affected by diversion of water (except for watercourse(s) designated on current Town topography maps); and (5) As-built drawings of existing structures, if applicable.

DIVISION 4. VACATION OF PLATS, REPLATS AND AMENDMENT OF PLATS' Sec. 13. Vacation of plats.

(a) Any plat, replat or amended plat previously recorded with the county clerk may be vacated by the property owner(s) at any time prior to the sale of any lot therein by filing a written signed and acknowledged instrument declaring the same to be vacated and recorded with the county clerk.

(b) If the one (I) or more lots have been sold, the plat, replat or amended plat may be vacated by the property owners by filing a written signed and acknowledged instrument with the town secretary. The vacating instrument must be approved by the Town Council in the same manner as the original plat, replat or amended plat. The Town Council shall disapprove the vacating instrument which abridges or destroys public rights in any of its public uses, improvements, streets, or alleys. Upon approval by the Town Council, the vacating instrument may be recorded with the county clerk and the vacated plat, replat or amended plat shall have no effect.

State law reference(s)··Vacating plats, V.T.C.A., Local Government Code§ 212.013.

Sec. 14. Replats without vacating preceding plat.

A replat may be recorded and controls over a previously recorded plat without vacation of that plat if the replat is signed and acknowledged by the owners of the property being platted, does not attempt to amend or remove any covenants or restrictions, and is approved, after a public hearing on the matter, by the Town Council.

Sec. 15. Plat amendments or corrections.

(a) The Town Council may approve and issue an amended plat, which may be recorded with the county clerk and controls over the preceding plat without vacation of the plat, if the amended plat is signed by the applicant(s) and is solely for one (I) or more of the following purposes: (1) To correct an error in a course or distance shown on the preceding plat; (2) To add a course or distance that was omitted on the preceding plat; (3) To correct an error in the description of the real property shown on the preceding plat; 'State law reference-Vacating plats, amending plats, etc., V.T.C.A. Local Government Code§ 212,013 et seq.

Ordinance 08-06/ Subdivision Page II of23 (4) To indicate monuments set forth after death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments; (5) To show the proper location or character of any monument which has been changed in location or character or which originally was shown incorrectly as to location or character on the preceding plat; (6) To correct any other type of scrivener's or clerical error or omission previously approved by the planning and zoning commission and/or Town Council, including lot numbers, acreage, street names, and identification of adjacent recorded plats; (7) To correct an error in courses and distances of lot lines between two (2) adjacent lots where both lot owners join in the application for plat amendment and neither lot is abolished; provided, that such amendment does not attempt to remove recorded covenants or restrictions and does not have a material adverse effect on the property rights of the other owners in the plat; (8) To relocate a lot line in order to cure an inadvertent encroachment of a building or improvement on a lot line or on an easement; (9) To relocate one (1) or more lot lines between one (1) or more adjacent lots where the owner(s) of all such lots join in the application for the plat amendment; provided, that such amendment does not attempt to remove recorded covenants or restrictions and does not increase the number of lots; or (10) To make necessary changes to the preceding plat to create six (6) or fewer lots in the plat if the changes do not affect applicable zoning and other regulations of the Town, and the changes do not attempt to amend or remove any covenants or restrictions and the area covered by the changes is located in an area that the Town Council has approved, after a public hearing, as a residential improvement area.

( 11) To replat one or more lots fronting on an existing street if the owners of all those lots join in the application for the amendment; the amendment does not attempt to remove recorded covenants or restrictions or increase the number of lots; and, the amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities.

(b) Notice, a hearing, and the approval of other lot owners are not required for the approval and issuance of an amended plat.

ARTICLE III. DEVELOPMENT PROCESS Sec. 16. Construction of infrastructure.

(a) Following approval of the final plat, the plat applicant shall submit full construction plans

Ordinance 08-06/ Subdivision Page 12 of23 for all proposed infrastructure to be constructed for the platted property. Construction plans submitted shall be in conformance with the approved plat. The Town engineer shall review the submitted plans for compliance with the construction standards adopted by the Town.

(b) Upon approval of construction plans by Town Council, the plat applicant and/or the plat applicant's contractor will provide written notification to the Town engineer of the intent to commence construction of the required infrastructure. No work may be performed unless written notification has been provided to the Town engineer. The written notification shall contain the following information: (1) Name of the plat or subdivision; (2) Plat applicant's name; (3) Contractor's name, address and phone number; (4) Type of construction to be performed; and (5) Estimated value of construction contract.

(c) The Town engineer shall issue an acknowledgment of receipt of notification to the developer and/or his contractor.

Sec. 17. Acceptance of infrastructure.

(a) Upon completion of all required infrastructure, prior to the acceptance of the subdivision by the Town for maintenance, the applicant shall post, or cause to be posted, a maintenance bond executed by a corporate surety or corporate sureties duly authorized to do business in this state, payable to the Town and approved by the Town as to form, to guarantee the maintenance of the construction for a period of one (1) year after its completion and acceptance by the Town. In lieu of a maintenance bond, the applicant may submit either an irrevocable letter of credit payable to the Town and approved by the Town as to form or a cash bond payable to the Town and approved by the Town as to form. The actual value of the maintenance bond or letter of credit or cash bond shall be ten (10) percent of the full cost of the water and sewer system and fifteen (15) percent of the full cost of the cost of street and drainage construction, as determined by the estimate of construction costs.

(b) Upon receipt of the approved maintenance bond, irrevocable Jetter of credit or cash bond, the Town engineer shall issue a written letter of acceptance of the infrastructure and notify the building and development department that the subdivision has been accepted by the Town.

Sec. 18. Building permits issued prior to completion of infrastructure.

(a) In the event an applicant wishes to obtain building permits prior to acceptance of the subdivision by the Town, the applicant shall post with the Town a completion bond executed by a corporate surety or corporate sureties duly authorized to do business in this state, payable to the

Ordinance 08-06/ Subdivision Page 13 of23 Town and approved by the Town as to form for all construction included in the approved construction plans that has not been completed. In lieu of a completion bond, the applicant may submit either an irrevocable letter of credit payable to the Town and approved by the Town as to form or a cash bond payable to the Town and approved by the Town as to form.

(b) Under no circumstances shall building above the foundation be permitted until adequate fire protection is available. Adequate fire protection means: (1) Town utilities are installed; (2) Fire hydrants providing protection are operational; and (3) Streets are open and driveable, street subgrades worked to proper compaction and base course installed, graded and leveled, to facilitate vehicle movement.

(c) After the plat has been recorded and the completion bond, irrevocable letter of credit or cash bond has been received and approved by the Town, the Town engineer shall notify the building and development department, by lot and block numbers, that building permits may be issued.

Sec. 19. Agreements with the Town.

(a) All agreements entered into between the Town and the developer and/or applicant, as a condition of plat approval, shall be recorded along with the final plat.

(b) The executed agreement shall be submitted to the Town Council in conjunction with the original drawings required for filing and recordation.

ARTICLE IV. STANDARDS AND REQUIREMENTS DIVISION I. GENERALLY Sec. 20. Lots and blocks.

(a) All lots of the plat shall front on a dedicated street.

(b) In general, lots shall conform in width, depth, and area to the pattern already established in the adjacent areas, having due regard to the character of the neighborhood, its particular suitability for residential purposes, and also taking into consideration the natural topography of the ground, drainage, sanitary sewage facilities, and the proposed layout of the streets.

(c) Lots shall have the width measurements, front, rear, and side yard requirements required by Town Ordinance 83-1.

(d) The area of the lots shall be computed by taking the average width of the lot times the average depth of the lot measured from the street line to the rear lot line.

Ordinance 08-06/ Subdivision Page 14 of23 (e) All sidelines of lots shall be at right angles to straight street lines or radial to curved street lines, unless a variation from this rule would, in the opinion of the Town Council, produce a better lot plan and better utilize the proposed development.

Sec. 21. Park sites.

The Town Council shall consider offers of land for parks or playgrounds which conform to the current master plan adopted by the Town, provided such plan exists.

Sec. 22. Use of Town condemnation authority.

(a) Water and sewer mains, force mains and lift stations, streets and drainageways shall be located in easements or rights-of-way secured and paid for by the applicant. Such easements shall be properly assigned to the Town before service is extended to the subdivision.

(b) In cases where easements cannot be secured by the applicant, the applicant may file a written petition with the Town engineer, accompanying the plat application, requesting that the Town Council utilize its condemnation authority. The written petition must satisfy all of the following criteria: (1) The applicant must establish that clear evidence of public need exists; (2) The applicant must establish that the proposed extension is in accordance with the current adopted master utility plan(s), if such plan(s) exists; (3) The applicant must establish that the proposed extension will be able to serve other development areas; (4) The applicant must agree to pay all costs of the condemnation; and (5) The applicant must present written evidence that every practical attempt to secure the needed easements and/or right-of-way has been made by submitting the following: a. A condemnation appraisal by an independent appraiser as to the current market value and damages, if any, of acquiring the easement and/or right-of-way; and b. Documentation that a written offer has been made to purchase the easement and/or right-of-way for the appraised value and the offer was rejected.

(c) The petition shall be forwarded to the Town for review and recommendation and scheduled for consideration by the Town Council.

DIVISION 2. STREETS AND DRAINAGE

Ordinance 08-06/ Subdivision Page 15 of23 Sec. 23. Streets.

(a) Street widths in subdivisions shall confonn to: Designation Right-of-Way (feet) Paving (feet) A + major arterial 110 86 A major arterial 110 90 B + minor arterial 90 66 B minor arterial 80 56 C major collector 70 44 D minor collector 60 38 E minor local 50 31 (b) Existing streets shall be continued where practical, as detennined by the Town Council.

Continuations of existing streets shall have the same or greater tight-of-way and pavement widths as the existing streets being connected. Street names shall be continuous.

(c) All necessary street rights-of-way shall be dedicated as part of the platting process and shall be dedicated to the Town without cost.

(d) Dead-end streets may be platted where the land adjoining the plat has not been platted. In the event that such dead-end street exceeds one hundred fifty (150) feet in length or one (1) lot width, from the nearest street intersection, the street will be provided with a cul-de-sac, either pennanent or temporary, having a minimum right-of-way radius of fifty (50) feet.

(e) Where dead-end streets are dictated by lot designs, such dead-end streets shall be provided with a pennanent cul-de-sac having a minimum right-of-way radius of fifty (50) feet.

(f) No street intersection shall be designed having an inside angle of less than thirty (30) degrees between the two (2) intersecting street lines, nor more than one hundred fifty (150) degrees.

(g) Block lengths between intersecting cross streets or to the end of a cul-de-sac shall be no more than one thousand two hundred (1,200) feet.

(h) Streets, where practical, shall be designed and platted with appropriate regard to topographical features, i.e., creeks and drainageways, wooded areas, etc., with the aim of creating desirable and attractive treatments of significant existing features. (Ord. No. 95-38, § I, 4-25-95). Private Streets shall not be allowed.

(i) Driveways; Any driveway or other common access to more than two residences which is not defined in Section 23(a), shall be considered a minor local road and shall confonn to defined standards.

Ordinance 08-06/ Subdivision Page 16 of23 Sec. 24. Alleys, reserve strips.

(a) Alleys and/or easements shall be laid in the rear of lots fronting on adjoining streets where practicable. In residential subdivisions, the minimum width of right-of-way of an alley shall not be less than twenty (20) feet. All alleys shall be paved for the entire width of the right- of-way to the same specifications as minor residential streets. The rear or side line easement, where alleys are not provided, shall be a minimum of twenty (20) feet wide, arranged such that each lot shall have an equal ten-foot easement.

(b) No plat showing reserve strips of land controlling access to public ways or adjoining properties will be approved.

Sec. 25. Drainage in special flood hazard areas.

Drainage structures in areas of special flood hazard in the Town shall comply with the provisions of the Town Ordinances.

Sec. 26. Drainage not in special flood hazard areas.

(a) Design of all improved open drainage courses and enclosed drainage structures shall be by a registered professional engineer in accordance with the current drainage design standards approved by the Town Council. A review of the downstream drainage system capacity to a point of discharge into the lake area shall be made. The rate of storm water discharge from the proposed development shall not exceed flow capacity of any existing structure or drainage system. This may require storm water detention or retention on site of the project.

(b) The design and construction of all improved open drainage courses and enclosed drainage structures shall provide for adequate access for the performance of necessary maintenance by the Town.

(c) All improved drainage courses and enclosed drainage structures shall be dedicated to the Town and accepted for maintenance by the Town upon approval of the construction by the Town engineer.

(d) The Town shall maintain all improved drainage courses, provided that the original design and construction has been approved by the Town engineer and accepted by the Town for maintenance.

(e) Improved open drainage courses shall conform as follows: (1) Open drainage courses which carries runoff from a street, between two (2) lots, to a drainage course running behind lots shall be a concrete-lined flume.

(2) Open drainage courses running behind lots may be of earthen channel or concrete- lined channel, provided the type of channel used satisfies the design criteria (velocity, type of soil, etc.) in accordance with the current drainage design standards approved by the Town Council.

Ordinance 08-06/ Subdivision Page 17 of23 (3) Where the open drainage course is a concrete-lined flume, the width of the easement shall be equal to the width of the flume. All other open drainage courses require the width of the easement to be equal to the width from top-of-bank to top-of-bank plus maintenance way needs as given in the drainage design standards.

(f) Enclosed drainage courses shall conform as follows: (1) Cross drainage for right-of-way needs shall be designed to meet the same requirements as its channel.

(2) Permanent structures and improvements may be constructed upon and across improved enclosed drainage courses in business zoning districts and manufacturing zoning districts. Design shall be to accommodate the 100-year frequency flood.

(3) The width to the easement shall be equal to the width of the structure plus a width on each side of the structure to allow maintenance and/or repairs.

Sec. 27. Street name signs.

Street name signs and markers and traffic control signs, in accordance with standards adopted by the Town, will be required at each intersection. The developer will provide street signs and posts for the markers and make the installations when the subdivision is accepted by the Town for maintenance.

DIVISION 3. WATER AND SEWER INFRASTRUCTURE Sec. 28. General Provisions.

(a) The intent and purpose of this division is to provide equitable charges for water and sewer connections as a propOitionate distribution of the cost of the water and sewer main extensions to serve property within the Town. If the existing Town utility facilities are not within or adjacent to a subdivision, the developer shall construct the necessary extension of water and sewer mains, force mains, force mains, and lift stations, including all valves, manholes, and piping necessary to serve any future development of abutting property as specified in this chapter. The developer's engineer shall prepare a proposed plan of service for the subdivision and property along the extension which shall be reviewed by the Town engineer. These facilities shall be constructed in accordance with both the master plan and the Technical and Administrative Manual for Water and Sewer System Development ("Manual").

(b) It is the general policy of the Town that: (1) Water and sewer mains should be large enough to serve all the lots platted and, should the Town determine oversizing is necessary, the Town may participate in those lines greater than 8" for water and greater than 10" for sewer.

Ordinance 08-06/ Subdivision Page 18 of23 (2) All utilities shall be required to extend across the full width of the last lot platted on each street proposed within the subdivision, in such an alignment that it can be extended to the next property in accordance with the master sewer and water plans for the Town, provided such plan(s) exist. Properties already served by water and sewer shall not be required to install additional facilities unless: (I) The current lines are not of adequate capacity to serve the proposed development; in which case the applicant will be required to install adequate facilities.

(c) Every lot of the plat shall have direct access to the water and sewer system. Utility service shall be from a water/sewer main located in an abutting right-of-way or through easements from the lot to a water/sewer main.

(d) Water and/or sewer service may not be extended outside the Town limits.

(e) (l) The terms of this division shall be cumulative of all other ordinances regulating subdivisions, and such other ordinances are not repealed by this division, except to the extent that such other provisions conflict with the terms of this chapter, in which event this chapter shall prevail.

(2) The status of any previously designated line extension, lift station, or main shall be unaffected by this ordinance, save and except the Clear Creek pro rata line, designated in CCM #95-121R. The Clear Creek pro rata line designation is hereby rescinded.

(f) In addition to any other remedy provided by law, the Town and its officers shall have the right to enjoin any violation of this chapter by injunction issued by a court of competent jurisdiction.

Sec. 29. Water.

(a) No water main shall be extended unless the diameter of any such extended main is a minimum of six (6) inches inside the subdivision. Larger mains may be required per the water master plan, provided such plan exists.

(b) Water system layout shall be looped whenever possible. Dead-end mains shall not exceed one thousand eight hundred (1,800) feet or include three (3) fire hydrants. Single feeds may be permitted at the discretion of the Town engineer; however, any such denial may be appealed to the Town Council. Single feeds should include provisions for looping in future development.

(c) The location of fire hydrant(s) shall comply with and be approved by the Town Engineer and/or Fire Marshall and insurance requirements.

(d) Long water service taps shall be installed while the subdivision is being developed. Short water service taps shall be installed when needed for development. Long water service taps locations shall be clearly marked with a plastic valve box directly above the tap. A Y2 inch x 2

Ordinance 08-06/ Subdivision Page 19 of23 foot steel rod shall be driven vertically 6" inches below the ground surface for the location of each water tap. No water service taps smaller than six (6) inches in diameter shall be allowed on water mains larger than twelve (12) inches in diameter.

Sec. 30. Sewer.

(a) No sewer main shall be extended unless the diameter of any such extended main is a minimum of six (6) inches inside the subdivision. Larger mains may be required per the sewer master plan, provided such plan exists.

(b) Manholes are required any time the alignment, slope, or diameter of the sewer main changes, or when two or more sewer mains intersect. In no case will the maximum spacing between manholes, or from a manhole to cleanout, exceed 500 feet.

(c) Sewer services for sewer mains located in roadways shall be installed while the subdivision is being developed. Sewer services with direct access to the sewer main without encroaching on a roadway may be installed when needed for development. Sewer tap locations shall be clearly marked with a plastic valve box directly above the tap. A Y2 inch x 2 foot steel rod shall be driven vertically 6" inches below the ground surface for the location of each water tap. Sewer services six (6) inches and larger require a manhole where they intersect the sewer main. The sewer service shall extend a minimum of ten feet (10') into the lot area.

(d) Minimum lift station capacity shall be one hundred (100) gallons per minute and shall have at least two (2) pumps, each of which shall be capable of pumping the design capacity of the lift station. The minimum size of the wetwell shall be such that with any combination of inflow and pumping, the cycle of operation for each pump shall not be less than five (5) minutes and the maximum retention time in the wetwell shall not average more than thirty (30) minutes.

(e) Septic system holding tanks or any other sewage retainage facilities for the storage or removal of sewage are prohibited.

Sec. 31. Costs of Extensions.

a. Developer initiated. All costs of all water and sewer main extensions, force mains, and lift stations initiated by a developer in order to provide required service for their development area, shall be paid for by the developer. Such costs may include; but is not necessarily limited to, right-of-way acquisition, pipes, motors, pumps, engineering, construction costs, inspection fees, and all weather access.

In no event shall the Town pay for any costs associated with water and/or sewer improvements.

Sec. 32. Use of Water and Sewer Tap Fees and Rate Revenues.

Tap fees and rate revenues shall be set in an amount sufficient to maintain and operate the

Ordinance 08-06/ Subdivision Page20of23 system, with due regard for anticipated needs to improve, update, construct, and maintain the system.

Sec. 33. Use of Town Condemnation Authority.

a. Water and sewer mains, force mains, and lift stations shall be located in easements, secured and paid for by the developer, and assigned to the Town before service is extended to the subdivision. For the Town to consider to using condemnation authority to assist a developer in extension of the system, the applicant must show clear evidence that every practical attempt to secure the easement has failed and there is a public need and interest for condemnation. Specific criteria and procedures shall be as stated in the manual.

b. Upon compliance with all procedures by the developer, the Town, at least 10 days prior to the hearing shall notify all property owners within the proposed easement and 200 feet therefrom. A hearing of facts by the Town Council is required. Determination of the Town Council shall be final.

Sec. 34. Severability.

It is hereby declared to be the intention of the Town Council that if any of the sections, paragraphs, sentences, clauses, and phrases of this Ordinance shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not effect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance of unconstitutional or invalid phrases, clauses, sentences paragraphs or sections.

Sec. 35. Savings.

This Ordinance shall be cumulative of all other ordinances of the Town and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; provided, however, that Ordinance No. 93-1 (Revised) of the Town are hereby repealed, but provided that any complaint, action, cause of action, or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to Ordinance No. 93-1 (Revised) shall continue to be governed by the provisions of that Ordinance and for that purpose Ordinance No. 93-1 (Revised) shall be deemed to remain and shall continue in full force and effect.

Sec. 36. Repealer.

Ordinance 02-0SA and Ordinance 00-09 are hereby repealed.

Sec. 37. Penalty.

Any person who should violate any provision of this Ordinance or should fail to comply herewith shall for each and every violation or noncompliance be deemed guilty of a misdemeanor and shall be fined not more than $2,000.00 (two thousand dollars) and each day such violation shall be permitted to exist shall be construed a separate offense.

Ordinance 08-06/ Subdivision Page 21 of23 Sec. 38. Effective Date.

This Ordinance shall become effective from and after its date of passage and publication as provided by law.

PASSED AND APPROVED the 141b day of August, 2008

ATTEST: ~cl~PY

Ordinance 08-06/ Subdivision Page 22 of23 Exhibit 20 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full , true and correct cop ies of Town of Lakewood Village Ordinance 08-09. The same appear of record in my office and said documents are the official records from the public office of the TO\;\m Secretary of the Town of Lakewood Village, Denton County, Texas. and are kept in said office.

I further certify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that 1 am a lawfu l possessor and keeper of the record s in said office.

ln witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Vi llage this 26th day of March, 2014.

Lmda 1\.sbelL TRMC, Town Secretary Town ofLakewood Village Denton Co unty State of Texas TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE NO. 08-09

AN ORDINANCE ADOPTING FLOOD DAMAGE PREVENTION GUIDELINES; PROVIDING A REPEAL CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS THAT THE TOWN HEREBY ADOPTS THE FOLLOWING: ARTICLE I: SfATUfORY AUIHORIZA110N,FINDINGSOFFACT,PURPOSEANDMEIHODS SECTION A. STATUTORY AUTHORIZATION The Legislature of the State of Texas has in the Flood Control Insurance Act, Texas Water Code, Section 16.315, delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the Town of Lakewood Village, Texas does ordain as follows: SECTION B. FINDINGS OF FACT (1) The flood hazard areas of Lakewood Village are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare.

(2) These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, flood proofed or otherwise protected from flood damage.

SECTION C. STATEMENT OF PURPOSE It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Protect human life and health; (2) Minimize expenditure of public money for costly flood control projects; (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

Ordinance 08-09 Flood Damage Prevention Page I of 17 (4) Minimize prolonged business interruptions; (5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (6) Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and (7) Insure that potential buyers are notified that property is in a flood area.

SECTION D. METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this ordinance uses the following methods: (1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; (2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; (4) Control filling, grading, dredging and other development which may increase flood damage; (5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands.

ARTICLE 2 DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance its most reasonable application.

ALLUVIAL FAN FLOODING- means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths.

APEX - means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.

APPURTENANT STRUCTURE- means a structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure Ordinance 08-09 Flood Damage Prevention Page 2 of 17 AREA OF FUTURE CONDITIONS FLOOD HAZARD - means the land area that would be inundated by the 1-percent-annual chance (100 year) flood based on future conditions hydrology.

AREA OF SHALLOW FLOODING - means a designated AO, AH, ARIAO, ARIAH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate-making has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, ARIA, VO, V1- 30, VEorV.

BASE FLOOD - means the flood having a 1 percent chance of being equaled or exceeded in any given year.

BASE FLOOD ELEVATION (BFE) - The elevation shown on the Flood Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, A1- A30, AR, V1-V30, or VB that indicates the water surface elevation resulting from the flood that has a 1% chance of equaling or exceeding that level in any given year - also called the Base Flood.

BASEJ.\.1ENT - means any area of the building having its floor sub grade (below ground level) on all sides.

BREAKAWAY WALL - means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

CRITICAL FEATURE - means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.

DEVELOPJ.\.1ENT - means any man-made change to improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

ELEVATED BUILDING - means, for insurance purposes, a non-basement building, which has its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

Ordinance 08-09 Flood Damage Prevention Page 3 of 17 EXISTING CONSTRUCTION - means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures." EXISTING MANUFACTURED HOME PARK OR SUBDIVISION- means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION- means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

FLOOD OR FLOODING - means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters. (2) the unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD ELEVATION STUDY- means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

FLOOD INSURANCE RATE MAP (FIRM)- means an official map of a community, on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY (FIS) - see Flood Elevation Study FLOODPLAIN OR FLOOD-PRONE AREA - means any land area susceptible to being inundated by water from any source (see definition of flooding).

FLOODPLAIN MANAGEMENT- means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.

FLOODPLAIN MANAGEMENT REGULATIONS - means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

Ordinance 08-09 Flood Damage Prevention Page 4 of 17 FLOOD PROTECTION SYSTEM - means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.

FLOOD PROOFING - means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FLOODW AY- see Regulatory Floodway FUNCTIONALLY DEPENDENT USE - means a use, which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. lllGHEST ADJACENT GRADE - means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. lllSTORIC STRUCTURE - means any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or (4) Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either: (a) By an approved state program as determined by the Secretary of the Interior or; (b) Directly by the Secretary of the Interior in states without approved programs.

LEVEE - means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

Ordinance 08-09 Flood Damage Prevention Page 5 of 17 LEVEE SYSTEM - means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

LOWEST FLOOR - means the lowest floor of the lowest enclosed area (including basement).

An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations.

MANUFACTURED HOME- means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle".

MANUFACTURED HOME PARK OR SUBDIVISION- means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

NEW CONSTRUCTION- means; for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

NEW MANUFACTURED HOME PARK OR SUBDIVISION- means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

RECREATIONAL VEHICLE - means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self- propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

REGULATORY FLOODWAY- means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

Ordinance 08-09 Flood Damage Prevention Page 6 of 17 RIVERINE- means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. SPECIAL FLOOD HAZARD AREA- see Area of Special Flood Hazard START OF CONSTRUCTION - (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE - means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

SUBSTANTIAL DAMAGE - means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT - means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure." VARIANCE - means a grant of relief by a community from the terms of a floodplain management regulation. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.)

VIOLATION - means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without Ordinance 08-09 Hood Damage Prevention Page 7 of 17 the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(lO), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.

WATER SURFACE ELEVATION- means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

ARTICLE 3 GENERAL PROVISIONS SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES The ordinance shall apply to all areas of special flood hazard within the jurisdiction of Town of Lakewood Village, Texas.

SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Emergency Management Agency in the current scientific and engineering report entitled, "The Flood Insurance Study (FIS) for Denton County, Texas," dated April 2, 1997, ancl/Map Number 48121C0415 E (Panel 415 of 750), with accompanying Flood Insurance Rate Maps and/or Flood Boundary-Floodway Maps (FIRM and/or FBFM) dated April 2, 1997. and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance.

SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT A Floodplain Development Permit shall be required to ensure conformance with the provisions of this ordinance.

SECTION D. COMPLIANCE No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this ordinance and other applicable regulations.

SECTION E. ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

SECTION F. INTERPRETATION In the interpretation and application of this ordinance, all provisions shall be; (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed Ordinance 08-09 Flood Damage Prevention Page 8 of 17 neither to limit nor repeal any other powers granted under State statutes.

SECTION G. WARNING AND DISCLAIMER OR LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes.

This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder.

ARTICLE 4 ADMINISTRATION SECTION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR The Mayor is hereby appointed the Floodplain Administrator to administer and implement the provisions of this ordinance and other appropriate sections of 44 CFR (Emergency Management and Assistance - National Flood Insurance Program Regulations) pertaining to floodplain management.

SECTION B. DUTIES & RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: (1) Maintain and hold open for public inspection all records pertaining to the provisions of this ordinance.

(2) Review permit application to determine whether to ensure that the proposed building site project, including the placement of manufactured homes, will be reasonably safe from flooding.

(3) Review, approve or deny all applications for development permits required by adoption of this ordinance.

(4) Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required.

(5) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary Ordinance 08-09 Flood Damage Prevention Page 9 of 17 interpretation.

(6) Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is the Texas Water Development Board (TWDB), prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.

(7) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.

(8) When base flood elevation data has not been provided in accordance with Article 3, Section B, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a Federal, State or other source, in order to administer the provisions of Article 5.

(9) When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AEon the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.

(10) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones A1-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than 1 foot, provided that the community first completes all of the provisions required by Section 65.12.

SECTION C. PERMIT PROCEDURES (1) Application for a Floodplain Development Permit shall be presented to the Floodplain Administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: (a) Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures; (b) Elevation in relation to mean sea level to which any nonresidential structure shall be flood proofed; (c) A certificate from a registered professional engineer or architect that the nonresidential flood proofed structure shall meet the flood proofing criteria of Article 5, Section B (2);

Ordinance 08-09 Flood Damage Prevention Page 10 of 17 (d) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development; (e) Maintain a record of all such information in accordance with Article 4, Section (B)(l); (2) Approval or denial of a Floodplain Development Permit by the Floodplain Administrator shall be based on all of the provisions of this ordinance and the following relevant factors: (a) The danger to life and property due to flooding or erosion damage; (b) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (c) The danger that materials may be swept onto other lands to the injury of others; (d) The compatibility of the proposed use with existing and anticipated development; (e) The safety of access to the property in times of flood for ordinary and emergency vehicles; (f) The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; (g) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; (h) The necessity to the facility of a waterfront location, where applicable; (i) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use.

SECTION D. VARIANCE PROCEDURES (1) The Appeal Board, as established by the community, shall hear and render judgment on requests for variances from the requirements of this ordinance.

(2) The Appeal Board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance.

Ordinance 08-09 Flood Damage Prevention Page 11 of 17 (3) Any person or persons aggrieved by the decision of the Appeal Board may appeal such decision in the courts of competent jurisdiction.

(4) The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request.

(5) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this ordinance.

(6) Variances may be issued for new construction and substantial improvements to be erected on a lot of 112 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Section C (2) of this Article have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.

(7) Upon consideration of the factors noted above and the intent of this ordinance, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this ordinance (Article 1, Section C).

(8) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(9) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(10) Prerequisites for granting variances: (a) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(b) Variances shall only be issued upon: (i) showing a good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(c) Any application to which a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(11) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent Ordinance 08-09 Flood Damage Prevention Page 12 of 17 use provided that (i) the criteria outlined in Article 4, Section D (1)-(9) are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

ARTICLE 5 PROVISIONS FOR FLOOD HAZARD REDUCTION SECTION A. GENERAL STANDARDS In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements: (1) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (3) All new construction or substantial improvements shall be constructed with materials resistant to flood damage; (4) All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; (5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and, (7) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

SECTION B. SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Article 3, Section B, (ii) Article 4, Section B (8), or (iii) Article 5, Section C (3), the following provisions are required: (1) Residential Construction - new construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated to two (2) feet above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection as Ordinance 08-09 Flood Damage Prevention Page 13 of 17 proposed in Article 4, Section C (1) a., is satisfied.

(2) Nonresidential Construction - new construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to two (2) feet above the base flood level or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are flood proofed shall be maintained by the Floodplain Administrator.

(3) Enclosures - new construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: (a) A minimum of two openings on separate walls having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

(b) The bottom of all openings shall be no higher than 1 foot above grade.

(c) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(4) Manufactured Homes- (a) Require that all manufactured homes to be placed within Zone A on a community's FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.

(b) Require that manufactured homes that are placed or substantially improved within Zones A1-30, AH, and AE on the community's FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor Ordinance 08-09 Flood Damage Prevention Page 14 of 17 of the manufactured home is elevated to two (2) feet above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

(c) Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones A1-30, AH and AE on the community's FIRM that are not subject to the provisions of paragraph (4) of this section be elevated so that either: (i) the lowest floor of the manufactured home is at two (2) feet above the base flood elevation, or (ii) the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

(5) Recreational Vehicles - Require that recreational vehicles placed on sites within Zones A1-30, AH, and AEon the community's FIRM either (i) be on the site for fewer than 180 consecutive days, or (ii) be fully licensed and ready for highway use, or (iii) meet the permit requirements of Article 4, Section C (1), and the elevation and anchoring requirements for "manufactured homes" in paragraph (4) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.

SECTION C. STANDARDS FOR SUBDIVISION PROPOSALS (1) All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with Article 1, Sections B, C, and D of this ordinance.

(2) All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Floodplain Development Permit requirements of Article 3, Section C; Article 4, Section C; and the provisions of Article 5 of this ordinance.

(3) Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Article 3, Section B or Article 4, Section B (8) of this ordinance.

(4) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.

(5) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.

Ordinance 08-09 Flood Damage Prevention Page 15 of 17 SECTION D. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH ZONES) Located within the areas of special flood hazard established in Article 3, Section B, are areas designated as shallow flooding. These areas have special flood hazards associated with flood depths of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: (1) All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated to or above the base flood elevation or the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least 2 feet if no depth number is specified), or (2) All new construction and substantial improvements of non-residential structures; (a) have the lowest floor (including basement) elevated to or above the base flood elevation or the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified), or (b) together with attendant utility and sanitary facilities be designed so that below the base specified flood depth in an AO Zone, or below the Base Flood Elevation in an AH Zone, level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy.

(3) A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as proposed in Article 4, Section C are satisfied.

(4) Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures.

SECTION E. SEVERABILITY If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance.

SECTION F. PENALTIES FOR NON COMPLIANCE No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this court order and other applicable regulations.

Violation of the provisions of this court order by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this court order or fails to comply with Ordinance 08-09 Flood Damage Prevention Page 16 of 17 any of its requirements shall upon conviction thereof be fined not more than $500.00 for each violation, and in addition shall pay all costs and expenses involved in the case. Each day a violation continues to exist will constitute a new and separate violation. Nothing herein contained shall prevent Town of Lakewood Village, Texas from taking such other lawful action as is necessary to prevent or remedy any violation.

SECTION G. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its date of passage and publication as provided by law.

DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS, on this 9th day of September 2008.

APPROVED:

l\Jiike Schnittker, Mayor ATTEST: ~cia -Ck>beRQ <

Linda Asbell, City Secretary

Ordinance 08-09 Flood Damage Prevention Page 17 of 17 Exhibit 21 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby cettify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of the Town of Lakewood Village Ordinance 10-01. The same appear of record in my office and said documents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office.

I further cettify that I am the Town Secretary of the Town of Lakewood Village, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office.

In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Vi llage this 26th day of March, 2014.

Lind Asbell, TRMC, Town Secretary Town ofLakewood Village Denton County State ofTexas TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE 10-01 AN ORDINANCE TO ADOPT THE MOST CURRENT EDITION OF THE INTERNATIONAL RESIDENTIAL CODE, THE INTERNATIONAL BUILDING CODE, THE INTERNATIONAL PLUMBING CODE, THE INTERNATIONAL MECHANICAL CODE, THE INTERNATIONAL ENERGY CODE, THE INTERNATIONAL FUEL AND GAS CODE, THE INTERNATIONAL PROPERTY MAINTENANCE CODE, THE NATIONAL ELECTRICAL CODE, INTERNATIONAL FIRE CODE AND ALL APPENDICES THERETO, AS AMENDED BY THE TERMS OF THIS ORDINANCE; PROVIDING FOR PERMIT FEES; PROVIDING FOR THE REGISTRATION OF BUILDERS AND ALL PERSONS PERFORMING ELECTRICAL, PLUMBING, MECHANICAL, IRRIGATION, IRRIGATION TESTING BACKFLOW, THIRD PARTY INSPECTIONS, ROOFING, FENCING, FRAMING, AND CONCRETE, WORK ON ANY NEW OR EXISTING CONSTRUCTION OR STRUCTURE WITHIN THE TOWN OR THE EXTRATERRITORTIAL JURISDICTION; PROVIDING FOR A BOARD OF APPEALS; PROVIDING FOR PREMISE IDENTIFICATION; PROVIDING FOR INSPECTIONS AND TOWN BUILDING REQUIREMENTS; PROVIDING A PENALTY CLAUSE; PROVIDING A REPEAL OF ORDINANCE 06-06A; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE, WHEREAS, the Town Council of the Town of Lakewood Village, Texas desires to establish a specific requirement for all building construction; WHEREAS, the State of Texas mandates that it is necessary to establish uniform and minimum standards for the construction, erection, and maintenance of buildings and other structures in order to protect and promote the public health, safety, and welfare of the citizens of the Town and the Extraterritorial Jurisdiction of the Town, WHEREAS, the Town of Lakewood Village desires to adopt the most current set of International and minimum standard building codes; NOW, THEREFORE BE IT ORDAINED by the Town Council of the Town of Lakewood Village, Texas: SECTION 1. CODES The current versions of the International Residential Code, the International Building Code, the International Plumbing Code, the International Mechanical Code, the International Energy Code, the International Fuel and Gas Code, the International Propetty Maintenance Code, the National Electrical Code, the International Fire Code, and all appendices thereto, as herein after revised or amended are adopted. The said International Building Code, the International Plumbing Code, the International Mechanical Code, the International Energy Code, the International Fuel and Gas Code, the International Property Maintenance Code, the National Electrical Code are incorporated herein as if copied in their entirety.

SECTION 2. DEFINITIONS The Town- shall mean the Town of Lakewood Village Contractor - shall mean any person, firm, corporation, or other entity that is hired by a homeowner or landowner to perform any new construction, remodel, or repair on said homeowner or landowner's real property.

Building Official - shall mean an employee of the Town of Lakewood Village who performs inspections, plan reviews, and is licensed by the State of Texas as a Building Inspector, or any properly qualified person that is employed by the Town that has been appointed to perform such work.

Erosion Control - the containment of all dirt, soils, sand, fill or grass, in such a manner, to prevent said materials from encroaching onto adjacent properties, town easements, drainage culverts, or utility placements ETJ ·shall mean the Extraterritorial Jurisdiction of the Town of Lakewood Village Masonry - shall be defined as brick, concrete hollow clay tile, concrete block, natural stone, or any combination of these materials that are laid up by unit and set in mortar.

Construction Site Refuse Control • the containment of and weekly or monthly removal of both construction and laborer refuse to prevent said materials from encroaching onto adjacent homeowner properties, town easements, drainage ditches and culverts, and should be in compliance with OSHA and local codes.

SECTION 3. GENERAL All Building Permits shall expire 180 days from the date the permit is issued. A permit expiration may be extended if a Contractor issues a construction calendar with the submission packet and the calendar is approved by the Building Official and Mayor. If the Construction Calendar that is provided by the Contractor is not adhered to, the Building Permit shall expire without further action by the Town.

SECTION 4. BUILDING FEES & REQUIREMENTS A. Fees will be outlined in Exhibit A of this ordinnace B. Water/Sewer Taps· A licensed plumber that is registered with the Town shall perform all work connecting to the Town utilities.

C. All sprinkler permits are required to have a final inspection accompanied by a Backflow Prevention Report Form and a Customer Service Inspection Letter. These forms can be obtained from the office of the Town Secretary.

Ordinance I 0-01 Building Ordinance Page 2 of 19 D. In the construction, maintenance, or repair of any building or structure within the Town or the ETJ, for which a building permit is required by the current building codes, no person shall perform any electrical, plumbing, mechanical, fencing, backflow, concrete, third party inspections, irrigation, or roofing unless and until such time as that person is registered with the Town to perform such work.

E. All contractors who are required by state law or local ordinance to be licensed must register with the Town of Lakewood Village before applying for permits or performing any work. All contractors registered with the Town, or unregistered, shall perform no work of any sort/kind without being properly licensed. The Mayor or Building Official, upon receipt of a written citizen complaint, shall place said Contractor's registration in investigation status. No inspections will be allowed or permits issued to any Contractor whose registration is in investigation status. The Mayor, in periods of absence from the Town, may designate an individual to act in his/her stead for purposes of this section.

The Town shall forward the citizen's written complaint to the Contractor. In the event a Contractor wishes to contest a citizen's complaint, the contractor shall request a complaint review by the Mayor or Building Official. If a written response to the citizen's written complaint is not made by the Contractor within fourteen (14) days of the date the citizen's complaint is mailed to the Contractor, the Mayor or Building Official shall in his/her sole discretion place any condition upon the contractor's registration necessary to rectify the citizen's complaint including, but not limited to, revocation of the contractor's registration. No complaint other than one in writing may be used to revoke or otherwise place any condition upon any contractor's registration. Complaints that do not affect the citizens of the Town of Lakewood Village or residents of the ETJ will be summarily dismissed. The Mayor or Building Official shall issue his/her decision in writing to the Contractor and complaining citizen. The Contractor or citizen may appeal the Mayor or Building Official's decision to the Board of Appeals as set forth in Section 9. An appeal of the Mayor or Building Official's decision must be completed by written document within fourteen (14) days of the date of the Mayor or Building Official's decision. At any appeal to the Board of Appeals, the Contractor or citizen bear the burden to produce evidence establishing any error occun·ing in the Mayor or Building Official's decision regarding the contractor's registration.

SECTION 5. PERMIT APPLICATION A. A residential permit application consist of five (5) forms, which must be completed and signed by the Contractor and his or her registered mechanical, electrical, and plumbing contractors. These forms are the mechanical permit, electrical permit, plumbing permit, concrete permit, and application for building permit forms.

B. Detailed and accurate descriptions are required regarding the addresses and legal description of the subject property including Lot, Block and complete subdivision name with correct phase.

Ordinance 10-01 Building Ordinance Page 3 of 19 C. All contractors are required to be registered with the town and must have such approved registration on file before any permit will be issued.

SECTION 6. BUILDING PLAN PACKET SUBMISSION Along with the permit application forms set forth above, the following documents are required prior to any approval being granted in the quantity and detail as specified: A. Two (2) plot plans containing lot dimensions, plan footprint, set-backs (front, rear and sides) complete address, lot and block, subdivision and phase, utility and easement locations, engineers and contractors names, finish pad elevations, finish floor elevations, topographical elevations, driveways, sidewalks, fence locations, lot area, slab area, and coverage percent. All drawings provided must be to scale.

B. Two (2) foundation designs (II" x 17'' drawing and engineer letters) one of which must have an original signature and stamp.

C. Three (3) complete bound sets of construction drawings. Town Copy must be 11" x 17" or application will be automatically rejected without further action or notification by any Town Official. Plans must include elevations, framing details, including soffit overhang details, masonry percentage calculations, square foot calculations, electrical load calculations, electrical panel size, electrical panel location, mechanical specifications, foundation design letter must be address specific. All plans must be drawn by a state licensed architect and must be drawn to scale.

D. Two (2) sets of drainage plans must be provided. Town copy must be 11" x 17" drawn to scale, showing the actual dimensions and shape of the lot to be built upon. The drainage plans must show sea level elevations and all flatwork drawn to scale.

E. Floor plans, elevations, framing, roof plan, electrical and "to be built options" must be clearly shown and detailed. Single sheet submittals are not acceptable. HV AC and Plumbing design drawings are also required. Options reflecting additional buildable space must be identified by the actual square footage area and included in the permit values for total air-conditioned area and or construction area under roof.

F. Elevation drawings must clearly state that the structure meets the exterior requirements set forth below in Section 11 by the Town of Lakewood Village, or provide masonry calculations (i.e. Front % + Right % + Left % + Rear % = total masonry %) G. All drawings must be legible and show proper square footage for air-conditioned and total building areas.

H. One (I) Energy analysis (i.e.; MecCheck, ResCheck or Energy-Star) shall be provided by a certified professional.

Ordinance 10-0 I Building Ordinance Page 4 of 19 I. All third party rater information and documentation must be submitted if an Energy Star Home is being constructed or modified.

J. Electrical Voltage Drop letter shall be provided and must be on the electrical contractors letterhead K. Mechanical Air Flow Calculations shall be provided and must be on the mechanical contractors letterhead L. A copy of the contract agreement between the contractor and the homeowner/landowner must be provided to the town, unless the homeowner/landowner is the contractor.

SECTION 7. PLAN REVIEW PROCESS All plans must be submitted to the Town of Lakewood Village for review. Plans are reviewed in the order they are received. The Town's goal in plan review is a one to two week tum around time for complete and accurately prepared submittal packages. Incomplete submissions may require additional time processing the plan review for the permit.

SECTION 8. LICENSING AND REGISTRATION REQUIREMENTS A. No person shall engage in the business of construction of new buildings or structures, or make any repairs, alterations, or changes to an existing building or structure, unless that person is registered as a Contractor by the Town. Provided however that (i) no license shall be required for work on any building or structure for which a building permit is not required by this code and (ii) persons who occupy and reside within any property as their home shall not be required to obtain a license or register with the Town.

B. All Contractors must register with the Town of Lakewood Village before applying for permits or performing any work. A master or contractor license in the specific trade is required to register as a Contractor. All licensed Journeymen working for the Contractor shall be listed on the contractor registration form. All work shall be supervised by a licensed individual, who must be within 5 minutes of any job under their supervision. A licensed residential wireman may supervise one helper or apprentice. Any work discovered being perf01med without the required licensed personnel shall be conspicuously identified to prevent reuse and shall be removed. In addition to a citizen complaint, multiple violations of licensure requirements may result in suspension of a Contractors' registration. Any individuals found performing work without the required registration shall be required to leave the jobsite. A Contractor is defined as set forth above in Section 2. All registrations will expire on December 301h of each year. The General Contractor must carry insurance that covers all subcontractors and the projects they are actively working on under the General Contractor. In the event there is not a General Contractor, each subcontractor is required to supply the Town with a copy of their liability insurance with a minimum $100,000.00 policy coverage for each project. It will be the responsibility of the registered individuals to ensure that this process is complete before permits will be issued and any work in the specific trade is commenced.

Ordinance 10-0 I Building Ordinance Page 5 of 19 The Town reserves the right to deny or revoke any contractor registration if there are justifiable reasons or violations as determined by the Town.

C. The following Contractors disciplines must follow the applicable registration process.

GENERAL CONTRACTORS. BUILDER REGISTRANTS: I. Contractor registration filled out completely.

2. A valid State of Texas driver's license or photo I. D. card.

3. A valid certificate of liability insurance or bond in an amount no less than $! ,000,000.00 kept in force for the duration of the project. Each project is required to have it's own policy.

4. Proof of registration with Texas Residential Construction Commission is required at the time of registration and for the duration of the project.

ELECTRICAL REGISTRANTS: I. Contractor registration filled out completely.

2. A valid Masters license is required at the time of registration and for the duration of the project.

3. A valid State of Texas driver's license or photo I.D. card.

4. All Journeyman and or Wireman performing work must be registered and posses a current license at the time of registration and for the duration of the project.

5. A list of additional persons authorized to sign applications and pick up approved permits for your company.

6. Proof of insurance as set forth in Section 8 (B) above.

PLUMBING REGISTRANT: I. Contractor registration application filled out completely.

2. A valid Masters license is required at the time of registration and for the duration of the project.

3. A valid State of Texas driver's license or photo !.D. card.

4. All journeyman, tradesman, and apprentices performing work must be registered and possess a current license at the time of registration and for the duration of the project.

5. A list of additional persons authorized to sign applications and pick up approved permits for your company.

6. Proof of insurance as set forth in Section 8 (B) above.

MECHANICAL REGISTRANT: I. Contractor registration application filled out completely.

2. A valid Masters license is required at the time of registration and for the duration of the project.

3. A valid State of Texas driver's license or photo I. D. card.

4. A list of additional persons authorized to sign and pick up approved permits for your company.

5. Proof of insurance as set forth in Section 8 (B) above.

IRRIGATION REGISTRANT: Ordinance I 0-0 I Building Ordinance Page 6 of 19 I. Contractor registration application filled out completely.

2. A valid Irrigation license is required at the time of registration and for the duration of the project.

3. A valid State of Texas driver's license or photo I. D. card.

4. A list of additional persons authorized to sign applications and pick up approved permits for your company.

5. Proof of insurance as set forth in Section 8 (B) above.

BACKFLOW TESTER REGISTRANTS: I. Contractor registration application filled out completely.

2. A valid Backflow Testers License is required at the time of registration at the time of registration and for the duration of the project.

3. A valid State of Texas driver's license or photo !.D. card.

4. Proof of insurance as set forth in Section 8 (B) above.

SIGN CONTRACTOR REGISTRANT: I. Contractor registrant application filled out completely.

2. A valid State of Texas driver's license or photo I.D. card.

3. A list of additional persons authorized to sign applications and pick up approved permits for your company.

4. Proof of insurance as set forth in Section 8 (B) above.

THIRD PARTY INSPECTOR REGISTRANT: I. Contractor registration application form filled out completely.

2. A valid State of Texas driver's license or photo !.D. card.

3. A list of qualified persons authorized to perform inspections.

4. Proof of certification 5. Proof of insurance as set forth in Section 8 (B) above.

ROOFING REGISTRANT: I. Contractor registration application filled out completely.

2. Valid State of Texas drivers license or photo !.D. card.

3. Proof of insurance as set forth in Section 8 (B) above.

CONCRETE REGISTRANT: I. Contractor registration application filled out completely.

2. A valid State of Texas driver's license or photo !.D. card.

3. Proof of insurance as set forth in Section 8 (B) above.

FENCE I SCREENING WALL REGISTRANT: I. Contractor registration application filled out completely.

2. A valid State of Texas driver's license or photo !.D. card.

3. Proof of insurance as set forth in Section 8 (B) above.

Ordinance I 0-0 I Bui !ding Ordinance Page 7 ofl9 D. Any registered Contractor that fails to maintain compliance with any provisions of this section shall cease all work being performed at the time the Contractor is no longer in compliance.

SECTION 9. BOARD OF APPEALS A. In order to hear and decide appeals of orders, decisions, or determinations made by the Building Official relative to the application and interpretation of this Ordinance, there shall be and is hereby created a Board of Appeals. The Town Council of the Town of Lakewood Village, Texas shall serve as the Board of Appeals. The Building Official shall be an ex-officio member of and shall act as secretary to the Board but shall have no vote on any matter before the Board. The Board shall adopt the rules of procedure for conducting its business, and shall render all decisions and finding in writing to the appellant with a duplicate copy to the Building Official.

I. The powers of the Board shall be as follows: a. To hear appeals from decisions of the Building Official b. To hear requests for the use of a material or method of construction not prescribed or authorized by this code, and to authorize the use when, in the Board's judgment, the material or method of construction is at least equivalent to that prescribed; and c. To hear complaints, after suspension of any Contractor's registration as set forth in Section 4(1), from the Building Official, or any citizen, arising against any person, firm, or business registered with the Town to perform construction work of any type and shall have the power, after a hearing, to revoke or suspend the registration for any of the following reasons: (i) Chronic violation of these codes and this ordinance: (ii) Misrepresentation of material facts in obtaining the said registration or any renewal thereof: (iii) Chronic failure to secure permits, inspections, or approvals as required by this code; (iv) Use of said registration to obtain a permit for another person, firm, or corporation; (v) Causing liens, other than the registrant's, to be improperly created on a citizen's property; (vi) Threatening any citizen in any manner; (vii) Committing any crime of violence within the Town; or (viii) Committing any single violation of these codes or this ordinance placing any citizen in imminent danger.

Ordinance 10-0 I Building Ordinance Page 8 of 19 2. The Board of Appeals shall have no authority relative to interpretation of the administration provisions of this Code nor shall the Board be empowered to waive requirements of this Code. SECTION 10. PREMISE IDENTIFICATION A. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting property.

Said numbers shall contrast with their background, and shall comply with the following provisions, as applicable: 1. Residential occupancies shall have numbers a minimum of six (6) inches in height and be in a contrasting color to the background; 2. Duplexes shall have street and/or building numbers a minimum of eight (8) inches in height. When deemed necessary by the Town the street and/or building numbers may be required to be of a larger size for immediate and visible identification; 3. If the structure is more than two hundred (200) feet from a public street, the address shall also appear at the front or main entry to the property with numbers a minimum of six (6) inches in height.

4. When deemed necessary by the Town street or building numbers may be required on more than one side of the structure or property; 5. Building and/or street numbers shall be located in an area and lighted in a manner that will make them immediately discernible as approved by the Town.

SECTION 11 NEW CONSTRUCTION REQUIREMENTS A. Temporary buildings or structures such as reviewing stand and other miscellaneous structures, sheds, canopies, or fences used for the protection of the public around and in conjunction with construction work may be erected only by special permit from the Town Building Official for a limited period of time to be designated in said permit; provided, however, that no portable or moveable trailer or similar building or structure shall be permitted during any period of construction.

B. Temporary buildings or structures need not comply with the type of construction or fire resistive time periods required by this code. Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in this permit with all surface area restored to its natural state.

C. Portable toilets shall be provided at all construction job sites for which a building permit is required by this code.

Ordinance 10-01 Building Ordinance Page 9 of 19 D. All Contractors will comply with the town's construction site refuse control program as outlined here. All residential and/or commercial construction sites shall be responsible for providing at a minimum, one 20-yard open top roll-off bulk trash container for construction debris and refuse, or a temporary refuse containment structure with minimum dimensions of 8' L x 8' W x 4' H made of 1" extel'ior plywood secured tightly on all four corners and to the ground in some manner. The container should have a hinged drop down or swing gate on one side for debris removal access. The contractor will also provide a temporary removable top cover either of exterior plywood and or a heavy tarp for either type of debris storage receptacle to prevent flying debris from possible windy or stormy conditions, etc. If a roll-off trash receptacle is used it must be obtained from the waste company that is currently under contract with the Town of Lakewood Village.

Contractors are required to keep construction sites free and clear of trash at all times including no overflowing trash receptacles. The town administrative staff and designated building inspector reserve the right to perform unannounced spot inspections. If the construction site is found in violation of this ordinance then the construction site will be RED FLAGGED and an IMMEDIATE Stop Work Order will be issued with possible suspension of any registration. Once Red Flagged, the contractor will need to take corrective action to bring the work site to an acceptable condition and when compliance is obtained, the Red Flag will be lifted and construction activities may be resumed.

E. Effective erosion control is required prior to any construction activity and will include the installation of an adequate and repositionable silt fence which should run along the property Jot's inside border boundary above and adjacent to the drainage ditch area and the public roadway. The silt fence will be constructed in a practical manner with the necessary openings so as to allow easy entry and exit from the roadway to the propetty conshuction site for all necessary construction equipment and machinery.

F. It is the responsibility of the Contractor to place the proper size culvert on the lot to gain access to the lot prior to any constmction. Upon completion of construction the culvet1s ends must be in concrete and the culve11 must continue the direction of the flow of drainage. All culvert sizes are obtained through the Town.

G. A Contractor is prohibited from adding dirt to the lot, benching the lot, or preparation of the lot prior to obtaining permit approval.

H. It is the responsibility of the Contractors to keep a copy of all approved plans on the construction site at all times. They must be placed in a water tight container. All paperwork due to the inspector for inspection purposes and in compliance with this ordinance must be placed within this container. The replacement of any lost or stolen permits will be at a cost of $10.00 per occurrence.

I. Energy Conservation Code Compliance

Ordinance I 0-01 Building Ordinance Page 10 of19 1 All residential construction shall comply with the following simplified requirements or provide other approved energy compliance documentation (i.e. MecCheck, ResCheck, or Energy Star). These are minimum requirements.

1. Attic Insulation (blown)= R38 2. Exterior Sloped Ceilings (blanket)= R19 3. Floor insulation (blanket)= R19 4. Exterior Wall Insulation= Rl3 5. Environmental Air Duct in unconditioned Spaces= R6 (supply & return) 6. Windows= U.65 SHGC = .40 7. NC system efficiency minimum of 13 SEER 2. Each window assembly (doors with 50% or more glazing) is required to display at the time of insulation a certificate rating label indicating the National Fenestration Rating Council has tested the assembly. The label shall not be removed until after insulation inspection has been completed and approved. Window assemblies, which do not bear a certification rating shall be failed and removed from the window opening.

J. Energy Star Homes 1. A third party rater plan review and inspection/testing by RESNET agency certified for the State of Texas will be required. Both voluntary and mandatory compliance will require two complete copies of rater analysis with building plan submission for building permit. Raters air-conditioning must be within 1% of plan/permit area.

Contractors shall employ the same rater for plan review, inspection, and testing.

2. A third party verification form must be completely filled out, indicating final "HERS" rating score prior to the builders request for final inspection and certificate of occupancy.

3. To verify compliance with Environmental Protection Agency, the Town of Lakewood Village will not issue a cettificate of occupancy until all required documentation has been submitted and approved. This will only apply to homes that fall under this category.

K. Upon completion of construction, no one may occupy or move any objects into or onto the property of new construction until a Certificate of Occupancy inspection has been performed and passed by an official of the Town. This is a separate inspection from the Final 100% complete inspection. Violation of this requirement will result in all utilities being disconnected until such time as a Certificate of Occupancy has been issued after all the proper inspections have been performed.

L. Secondary structures will be permitted as new construction with minimum square footage requirements waived as long as secondary structure is contained within the property lines of the primary residence lot(s) and required set backs are met. Any secondary structure

Ordinance I 0-0 I Building Ordinance Page II of 19 built on any adjacent lot must conform to the minimum square footage requirements of that section as stated in Ordinance 83-0IA Section 9 as amended or revised unless both lots are re-platted as a single lot and said plat is filed on record with Denton County, Texas. Proper proof of filing with Denton County, Texas must be provided to the Town at the time the building permit is sought.

M. All new building construction will have a garage with the following requirements: I. There shall be no front-facing garages on any new construction. Where the configuration of the ground is such that conformity with this provision of this ordinance would work a hardship, the Town Council may permit a variance.

2. There shall be a garage size requirement on all new construction of a minimum of feet in width and 22 feet in depth. Where the configuration of the ground is such that conformity with this provision of this ordinance would work a hardship, the Town Council may permit a variance.

N. Driveways 1. All new building construction will have a driveway. The pouring requirements are as follows: a. The Contractor shall notify the Town of when they are scheduled to pour within 48-hours prior to pouring. b. No concrete will be poured before 7:00a.m. c. At the time of the scheduled pour, and prior to driving to the location of the pour, the Contractor and concrete registrant will be responsible for turning in all weight tickets to the Town. d. As per Weight Ordinance No. 98-09 Section 3 (C) as amended or revised, the gross weight limit on Town streets for a ready-mix concrete truck shall be 58,420 lbs. e. The minimum thickness of six (6) inches and minimum compression strength shall be 3000 psi at 28 days. f. Driveways shall be a minimum of 10 foot wide, in Town Section 5 driveways shall be a minimum of 12 foot wide.

g. 3/8 inch rebar with no greater than 16 inch centers is required on all driveway construction. Re-bar placement must be inspected 48-hours prior to the pouring of concrete. h. All driveways must properly tie into the street. The Contractor is responsible for any road damage that may occur during the construction of the permitted project. All roads must be restored at least to their original condition prior to receiving their 100% final inspection. i. It shall be unlawful for any person, finn, or corporation or other legal entity to erect, construct, enlarge, alter, repair, move, improve, convert, or demolish

Ordinance I 0-0 I Building Ordinance Page 12 of 19 any flatwork or driveway or cause to permit the same to be done in violation of this ordinance. j. A driveway permit that would place the water meter, water valve and meter box in the driveway shall provide, as a condition of said permit, for the removal of the water meter, water valve, and meter box out of the driveway, at the home and/or land owners expense. Replacement of the water meter, water valve, and meter box shall be in a manner were the meter can be serviced with an additional inspection on the plumbing performed by the Building Official at an additional cost of $75.00. A licensed plumber who is registered to work in the Town of Lakewood Village shall perform the replacement of the water meter, water valve, and meter box.

0. A form survey will be completed at the time that the forms are in position before the concrete is poured to ensure that the location of the slab is in compliance with all town ordinances. A copy of the form survey will be submitted to the Town.

P. Height. There shall be no buildings, residential or commercial, that exceed 35 foot in height. Any exceptions are outlined in the Zoning Ordinance 83-0lA, as amended or revised.

Q. The exterior facades of a main building or structure, excluding glass windows and doors shall be constructed of eighty (80) percent masonry requirement on all new construction for anything over 200 square feet or greater. Cementations fiber board shall not be considered masonry; cementations fiber board may be used to replace existing siding on existing structures, with pre-approval of the Building Official. Cementations fiber board may also be used for architectural features, including window box-outs, bay windows, roof dormers, garage door headers, columns, or other architectural features approved by the Building Official.

R. Wood roof shingles are prohibited.

S. The use of Stucco, various types of stucco and installation procedures must have prior approval from the Building Official. If approved, the builder must provide the installer's certification and certificate for the Town's files. Only true three coat stuccoing will be considered. Additional inspections are required at, hath, scratch coat, and brown coat.

T. Exterior Insulation Finish System (EIFS) shall not be permitted on any construction.

U. Construction work times shall begin no earlier than 7:00a.m. and shall end no later than 7:00p.m.

V. All roof pitches shall have a minimum of four (4) inches over twelve (12) inches.

W. The Town will grant approval to initiate electrical service for permanent or temporary use.

Ordinance I 0-0 I Building Ordinance Page 13 of 19 X. All new construction shall have gutters installed in accordance to the submitted drainage plan with the minimum of the entire front of house, all exits, and above all air- conditioning units.

Y. It is also the responsibility of the Contractor to ensure the grading of the ditches or easements continue the flow of drainage prior to receiving the I 00% Final Inspection. Lot to lot drainage is not allowed.

Z. All property comers must be permanently identifiable.

SECTION 12 INSPECTION REQUIREMENTS A. Request for Inspections FAXED REQUESTS: Faxed requests will be accepted until 8:00 a.m. for inspection within 48 hours. Official time will be accounted for based on time noted on the received fax. Receipt of any faxed request without a date and time set forth in a proper header will not be processed. Missing the cut off time will require the inspection to be made on the following business day. Fax number is provided in the Contractor Guidelines TELEPHONE REQUESTS: Telephone requests will be accepted until II :00 AM for inspection within 48 hours.

Official time will be accounted for based on the time call is received or by voice mail time stamp. Missing the cut off time will require the inspection to be made on the following business day. All phone numbers are provided in the Contractors Guideline.

Inspector will leave the inspection tag on site in a designated water-tight box that is provided by the Contractor.

B. Building permits will include inspections performed during the following construction stages: !. T-Pole 2. Plumbing Rough, form board surveys are due at this time on site 3. WaterTap 4. SewerTap 5. Pier and Beam 6. Foundation 7. Pre-frame, prior to any roof decking, soffit, or fascia 8. Frame 9. Mechanical I 0. Electrical II. Plumbing Top Out 12. 4 foot brick tie inspection 13. Electrical/Gas Meter Release Ordinance I 0-0 I Building Ordinance Page 14 ofl9 14. Flatwork 15. 100% Final 16. Certificate of Occupancy • All Third party insulation inspections reports are due prior to the electrical/gas meter release. • At the time of the scheduled pour, and prior to driving to the location of the pour, the Contractor will be responsible for turning in all weight tickets to the Town. • Inspectors will not provide more than ten (10) items of which need corrected.

Once ten (I 0) items have been noted for corrections the inspection will be stopped and failed until all items have been corrected. • Termite letter, Customer Service Inspection letter, and the Final Grade survey is due on site at the I 00% Final Inspection. • Piers must be inspected by an independent contractor. A copy of the inspection must be supplied to the Town prior to calling in the next inspection.

C. Mandatory re-inspections. All Contractors shall have one (I) week to fix all items from the prior inspection. The Building Official will immediately fail and discontinue the re- inspection upon finding a prior failed item that was listed on the prior inspection tag. All items must be inspected prior to cover up, i.e. concrete and sheet rock. Mandatory re- inspections shall continue weekly until such time as the inspection is passed, and subject to the re-inspection fees below.

D. Re-inspection fees. The Town shall charge up to $100.00 for the first re-inspection. With each subsequent re-inspection the Town shall increase the re-inspection fee, for the failed inspection only, by $100.00 each time it fails, up to a maximum of $1,000.00 per inspection.

E. Local amendments to the International Plumbing Code for new construction will meet the following: I. No air admittance valve shall be permitted 2. All underground domestic water supply shall be copper, I inch copper type L service line with a one inch meter.

3. Termite shield wire mesh is required on all plumbing into the house.

F. Local amendments to the National Electric Code for new construction will meet the following: I. Minimum size wire shall be # 12.

G. It is the responsibility of the Contractor to provide what the inspector may need to perform the inspections, i.e. a ladder, temporary lighting, etc. Temporary lighting is required for all House Seconds and Rough Inspections to be installed prior to request for

Ordinance I 0-0 I Building Ordinance Page 15 of 19 inspections. Should temporary lighting not be in place, the inspection will be failed and subject to 12 (C) above.

H. All Sprinkler Contractors must have the Backflow Prevention Form filed with the Town of Lakewood Village prior to hooking the system up to the water supply.

I. All inspections must be performed during daylight hours.

SECTION 13. EXISTING CONSTRUCTION I REPAIRS I REMODELING REQUIREMENTS A. All remodels and repairs for buildings over 200 square feet, inspections are required only as they apply to the permitted improvements, applicable building codes and Town ordinances.

B. All new construction foundation plans are to be drawn and sealed by an Engineer licensed by the State of Texas.

C. An application for flatwork must be submitted to the Town for approval. Flatwork must follow all other flatwork requirements within this ordinance.

D. Erosion control is required prior to any construction and must be maintained throughout construction completion.

E. All remodels, repairs, alterations, must have two (2) copies of the plot plans turned into the Town showing the actual dimensions and shape of the lot to be built upon or altered, the exact sizes and locations on the lot of any already existing buildings, and the location and dimensions of the proposed building or alteration.

F. Two copies of the existing house plans prior to any alterations, remodels or repair must be turned in prior to approval of the permit.

SECTION 14. AUTHORITY OF THE BUILDING OFFICIAL The Town's Building Official shall have the authority and power to enforce all provisions of all ordinances passed and approved by the Town of Lakewood Village, Texas and all codes contained within this ordinance and all amendments.

SECTION 15. PENALTY It shall be unlawful for any person to violate any provision of this ordinance. Any person violating or failing to comply with any provisions hereof shall be fined, upon conviction, in an amount not more than two thousand dollars ($ 2,000.00). Each day during or on which a violation occurs or continues shall be a separate offense.

Ordinance 10-0 1 Building Ordinance Page 16 of 19 SECTION 16. REPEALER Previous Building Code ordinance 06-06/\ and all of its amendments and revisions are hereby repealed in their entirely.

SECTION 17. SEVERABILITY The provisions of this ord inance are severable and if any section, article, paragraph, sentence, clause, phrase, or word in this ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction such holding shall not affect the validity of the remaining portions or this ord inance despi te such invalidity, which remaining portions shall remain in full Ioree and clTcct.

SECTION 18. EFFECTIVE DATE This ordinance shall become eiTcctivc rrom and arter its date of adoption and publication as requ ired by law.

PASSED and APPROVED by the Town Counci l of the Town of Lakewood Village. Texas thi s the 14th day of January, 20 I 0.

e Schmttker, Mayor Town of Lakewood Village, Texas

ATTEST:

~~',. .l, · l.·. /)J,-f:NV(I Linda Asbell, Town Secretary Town of Lakewood Village, Texas

Ordinance I 0-0 1 Bu ilding Ord inance Page 17 of 19 EXHIBIT A FEES: A. Building Permit Fees inside the Town- the building permit fee shall be $1,500.00 for the minimum square footage, plus $1.25 for each square foot of the building or structure which exceeds the minimum square footage requirement of the particular zoning district in which the building is located.

B. Building Permit Fees inside the ETJ - The building permit fee shall be $1.25 for each square foot of the building C. Water/Sewer Taps -The charges for tapping water mains and conveying the water to the property line shall be a minimum of $900.00 plus any other expenses the town incurs. All costs and expenses for labor and materials incurred by the Contractor which costs include, but are not limited to, meter boxes, couplings, tubing, and necessary excavation work are the responsibility of the Contractor. It is the responsibility of the Contractor to ensure all meters, water shut off valves, and fire hydrants are brought up to grade by use of risers prior to receiving the water tap inspections. Meter boxes cannot be made of plastic.

D. Flatwork Permit Fees -$250.00 for any flatwork, other than foundations, which includes, but is not limited to, flatwork greater than 200 square foot or greater, sidewalks, driveways and patios for the first two inspections, each subsequent inspection shall be $75.00 per inspection after the second inspection.

E. Driveway Permits -$200.00. A driveway permit that would place the water meter, water valve and meter box in the driveway shall have a condition of said driveway permit for the removal of the water meter, water valve, and meter box out of the driveway, at the home and/or land owners expense. Replacement of the water meter, water valve, and meter box shall be in a manner were the meter can be serviced with an additional inspection on the plumbing performed by the Building Official at the cost of $75.00 F. Plan Review Fees- When documents are submitted a plan review fee shall be paid at the time of submittal. The plan review fee shall be 65% of the building permit fee. The plan review fee is a separate fee from all other fees and is in addition to the permit fee.

G. Registration Fees -- General Contractor $500, sub-contractors and others $100 per person/per year H. Fence Permit-- $150.00 I. Sprinkler Permit-- $150.00.

J. Electrical Permit-- $150.00 K. Plumbing Permit-- $150.00

Ordinance I 0-0 I Building Ordinance Page 18 of 19 EXHIBIT A PAGE TWO FEES (continued):

L. Miscellaneous Permits-- $150.00 if not more than two inspections are required. For each inspection required over two an additional fee of $75 will be applicable.

L. Pool Permits -- $500.00. Ordinance 98-06A is incorporated herein as revised or amended.

Soil reports are required for all pool construction prior to permitting.

M. Spa Permits-- $250.00. Ordinance 98-06A is incorporated herein as revised or amended.

N. The Board of Appeals fee for structures up to 500 square feet- $100.00, 501 square feet up to 5,000 square feet- $250.00, structures over 5001 square feet- $500.00.

0. Stucco Exterior Finish -- $250, in addition to any necessary building permits, requires 3 additional inspections.

Ordinance 10-01 Building Ordinance Page 19 of 19 Exhibit 22 STAT E OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I here by certify. in the perform ance of the functi ons of my offi ce. that th e attached instruments are full. true and correct copies of Town of Lakewood Vill age Ord inance 11 -04. The same appear of record in my office and said documents are the offi cia l records from the public offi ce of the Town Secretary of the Town of Lakewood V illage. Den ton County. Texas, and are kept in said office.

I ftmher certify that r am the Town Secretary of the Town of Lakewood Village. that 1 have legal custody of said records, and that I am a lawful possessor and keeper of the records in said offi ce.

In witness whereof I have hereunto set my ha nd nnd affixed the official seal of The Town of Lakewood Village th is 26th day of March. 20 14.

L m a Asbell , TRMC Town Secretary Tow11 of Lakewood Village Denton County State o f Texas TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE NO. 11-04 AN ORDINANCE TO ADOPT THE 2006 INTERNATIONAL MECHANICAL CODE, WITHIN THE TOWN OF LAKEWOOD VILLAGE AND THE TOWN OF LAKEWOOD VILLAGE EXTRATERRITORTIAL JURISDICTION; PROVIDING A SAVINGS/REPEALING CLAUSE, PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE WHEREAS, the Town Council of the Town of Lakewood Village, Texas ("Town Council") has investigated and determined that it would be advantageous and beneficial to the citizens ofthe Town of Lakewood Village, Texas and the citizens inside the Town of Lakewood Village Extraterritorial Jurisdiction (collectively "Lakewood Village") to adopt the 2006 Edition of the International Mechanical Code, save and except the deletions and amendments set forth below.

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body ofthis Ordinance as if fully set forth herein.

SECTION 2: Adoption of the 2006 International Mechanical Code. The International Mechanical Code, 2006 Edition, copyrighted by the International Code Council, Inc., save and except the deletions and amendments set forth in Exhibit "A", attached hereto and incorporated herein for all purposes, is hereby adopted as the mechanical code for Lakewood Village, regulating the design, installation, maintenance, addition, alteration, and inspection of mechanical systems that are permanently installed and utilized to provide control of environmental conditions and related processes within Lakewood Village (The "2006 International Mechanical Code"). The 2006 International Mechanical Code is made a part of this Ordinance as if fully set forth herein SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaini11g portion of conflicting ordinances shall remain in full force and effect.

SECTION 4: Penalty Provision. Any person, firm, corporation or business entity violating this Ordil1ance shall be deemed guilty of a misdemeanor, and upon conviction therefore, shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00), and each and every day that such violation contil1ues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation. Lakewood Village retains all legal rights and remedies available to it pmsuant to local, state and federal law.

SECTION 5: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Lakewood Village hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, itTespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional.

SECTION 6: Effective Date. This Ordinance shall become effective upon its passage and publication as required by law.

DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF LAKE\VOOD VILLAGE, TEXAS, on thjs 12th day of MAY, 2011.

f\1i' e Schmttker, Mayor Town of Lakewood Village ATTEST

c~s;~~L-J~b& eCL Linda Asbell, Town Secretary Town of Lakewood Village

Ordinance 11-04 2006 International Mechanical Code Page 2 of5 Exhibit "A" Town of Lakewood Village 2006 International Mechanical Code The following additions, deletions, and amendments to the 2006 International Mechanical Code adopted herein are hereby approved and adopted.

Chapter 1. Administration of the 2006 International Mechanical Code is amended as follows: Section 102 Applicability of the 2006 International Mechanical Code is amended as follows: 102.8 Referenced codes and standards. The codes and standards referenced herein shall be those that are listed in Chapter 15 and such codes, when specifically adopted, and standards shall be considered as part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFP A 70 or the ICC Electrical Code shall mean the Electrical Code as adopted by the Town of Lakewood Village as it currently exist or may be amended. Where requirements in this code conflict with any requirements of other adopted codes by the Town of Lakewood Village the most stringent requirements shall apply.

Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and the manufacturer's installation instructions shall apply.

Section 106 Permits of the 2006 International Mechanical Code is amended as follows: 106.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 90 days after the date of filing unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

106.4.3 Expiration. Every permit issued by the code official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work recommences, a new permit shall be first obtained and the fee, therefore, shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original construction documents Ordinance 11-04 2006 International Mechanical Code Page 3 of5 for such work, and provided further that such suspension or abandonment has not exceeded one year.

106.5.2 Fee schedule. The fees for mechanical work shall be as indicated in the Town of Lakewood Village Building Inspections Fee Schedule 106.5.3 Fee refunds. The code official shall authorize the refunding of fees as follows.

1. The full amount of any fee paid hereunder which was erroneously paid or collected.

2. Not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than 50 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended.

The code official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment.

Chapter 3 Regulations of the 2006 International Mechanical Code is amended as follows: Section 304 Installation of the 2006 International Mechanical Code is amended as follows: 304.9 Clearances from grade. Equipment and appliances installed at grade level shall be supported on a level concrete slab extending above adjoining grade a minimum of3 inches (76 mm) or shall be suspended a minimwn of6 inches (152 mm) above adjoining grade.

Section 306 Access and service space of the 2006 International Mechanical Code is amended as follows: 306.3 Appliances in attics. Attics containing appliances requiring access shall be provided with an opening and unobstructed passageway large enough to allow removal ofthe largest appliance. The passageway shall not be less than 30 inches (762 mm) high and 22 inches (559 mm) wide and not more than 20 feet (6096 mm) in length measured along the center line of the passageway from the opening to the appliance. The passageway shall have continuous unobstructed solid flooring not less than 24 inches (610 mm) wide. A level service space not less than 30 inches (762 mm) deep and 30 inches (762 mm) wide shall be present at the front or service side of the appliance. The clear access opening dimensions shall be a minimum of20 inches by 30 inches (508 mm by 762 mm), where such Ordinance 11-04 2006 International Mechanical Code Page 4 of5 dimensions are large enough to allow removal of the largest appliance. As a minimum, access to the attic space shall be provided by one ofthe following: 1. Permanent stairs or ladder fastened to the building.

2. A pull down stair with a minimum 300 lb. rating.

3. An access door from an upper floor.

Exceptions: 1. The passageway and level service space are not required where the appliance can be serviced and removed through the required opening.

2. Where the passageway is unobstructed and not less than 6 feet (1829 mm) high and 22 inches (559 mm) wide for its entire length, the passageway shall be not more than 50 feet (15 250 mm) long.

Chapter 5 Exhaust Systems of the 2006 International Mechanical Code is amended as follows: Section 504 Clothes dryer exhaust of the 2006 International Mechanical Code is amended as follows: 504.6.1 Maximum length. The maximum length of a clothes dryer exhaust duct shall not exceed 25 feet (7620 mm) from the dryer location to the outlet terminal.

The maximum length ofthe duct shall be reduced 21/2 feet (762 mm) for each 45 degree (0.79 rad) bend and 5 feet (1524 mm) for each 90 degree (1.6 rad) bend.

The maximum length of the exhaust duct does not include the transition duct.

Exception: Where the make and model of the clothes dryer to be installed is known and the manufacturer's installation instructions for such dryer are provided to the code official, the maximum length of the exhaust duct, including any transition duct, shall be permitted to be in accordance with the dryer manufacturer's installation instructions, and provided that a 4 inch by six inch sign red in color with white letters is permanently affixed to the structure stating the following: Warning: Dryer must be approved for vent length not to exceed 40 feet total developed length (TDL). Duct Size: (Insert Number) Total Developed Length: (Insert Number) Chapter 6 Duct systems of the 2006 International Mechanical Code is amended as follows: Section 603 Duct construction and installation of the 2006 International Mechanical Code is amended as follows: 603.6.1.1 Duct length. For other than residential construction, flexible ducts shall be limited to 5 foot connections at end of duct runs.

End of Exhibit "A" Ordinance 11-04 2006 International Mechanical Code Page 5 of5 Exhibit 23 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DE:NTON ) hereby certify, in the performance of the fun ctions of my office, th at the attached instruments are full , true and correct copies of Town of Lakewood Vi llage Ord inance 11-08. The same appear o f record in my office and said documents are the offic ia l records from the public office of the Town Secreta ry of the Town of Lakewood V illage. Denton County, Texas. and are kept in said office.

I further certify that l am the Town Secretary o r Lhc Town of Lakewood V illage, that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office.

fn witness whereof I have hereunto set my hand and affixed the oflicial seal of The Town of Lakewood Vi llage this 26th day ofMarch, 20 14.

~cLc~~&o2. ~beii.TRMC, Town Secretary Tovvn of Lakewood Vi llage Denton Co unty State ofTexas TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE NO.ll-08 AN ORDINANCE TO ADOPT THE 2005 NATIONAL ELECTRICAL CODE, WITHIN THE TOWN OF LAKEWOOD VILLAGE AND THE TOWN OF LAKEWOOD VILLAGE EXTRA TERRITORTIAL JURISDICTION; PROVIDING A SAVINGS/REPEALING CLAUSE, PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Town Council of the Town of Lakewood Village, Texas ("Town Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the Town of Lakewood Village, Texas and the citizens inside the Town of Lakewood Village Extraterritorial Jurisdiction (collectively "Lakewood Village") to adopt the 2005 Edition of the National Electrical Code, save and except the deletions and amendments set forth below.

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein.

SECTION 2: Adoption of the 2005 National Electrical Code. The National Electrical Code, 2005 Edition, copyrighted by the National Fire Protection Association including Annex G, save and except the deletions and amendments set forth in Exhibit "A", attached hereto and incorporated herein for all purposes, is hereby adopted as the Electrical code for Lakewood Village, regulating the construction, alteration, removal, use, and/or maintenance of any electrical wiring, apparatus, device, or system within Lakewood Village (The "2005 National Electrical Code"). The 2005 National Electrical Code including Annex G is made a part of this Ordinance as if fully set forth herein.

SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect.

SECTION 4: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction therefore, shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00), and each and every day that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation. Lakewood Village retains all legal rights and remedies available to it pursuant to local, state and federal law.

SECTION 5: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Lakewood Village hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase the reo[ iJTespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional.

SECTION 6: Effective Date. This Ordinance shall become effective upon its passage and publication as required by law.

DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS, on th.is 12th day of MAY, 2011.

$.s~ayor Town of Lakewood Village ATTEST

Linda Asbell, Town Secretary Town ofLakewood Village

Ordinance 11-08 2005 National Electrical Code Page 2 of6 Exhibit "A" Town of Lakewood Village 2005 National Electrical Code The following additions, deletions, and amendments to the 2005 National Electrical Code adopted herein are hereby approved and adopted.

Chapter 3 Wiring Methods and Material of the 2005 National Electrical Code is amended as follows: Article 300 Wiring Methods of the 2005 National Electrical Code 1s amended as follows: 300.1 Scope (A) All Wiring Installations This article covers wiring methods for all wiring installations unless modified by other articles.

Article 310 Conductors for General Wiring of the 2005 National Electrical Code is amended as follows: 310.2 Conductors (B) Conductor Material Conductors in this article shall be of copper unless otherwise specified. Use of aluminum 1/0 and larger is allowed for multifamily and commercial use only. All grounding and bonding conductors shall be of copper. All electrical conductors for commercial, office, or industrial installation shall be installed in approved conduits or raceways regardless of type of construction.

310.5 Minimum Size of Conductors The minimum size of conductors shall be as shown in Table 31 0.5, except for low voltage control circuits.

Table 310.5 Minimum Size of Conductors Conductor Minimum Conductor Size (A WG) Voltage Rating (Volts) Aluminum or Copper-Clad Aluminum Copper Aluminum (only feeders allowed)

0-2000 12 1/0 2001-8000 8 1/0 8001-15,000 2 1/0 15,001-28,000 1 1/0 28,001-35,000 1/0 1/0

310.14 Aluminum Conductor Material Ordinance 11-08 2005 National Electrical Code Page 3 of6 Solid aluminum conductors 8, 10, and 12 AWG shall be made of an AA-8000 series electrical grade aluminum alloy conductor material. For multifamily and commercial use only. Stranded aluminum conductors 8 A WG 1/0 through 1000 kcmil marked as Type RHH, RHW, XHHW, THW, THHW, THWN, THHN, service-entrance Type SE Style U and SE Style R shall be made of an AA-8000 series electrical grade aluminum alloy conductor material. Documentation of all installations shall be provided for torque and terminations as required by article 110.

ARTICLE 334 Nonmetallic-Sheathed Cable: Types NM, NMC, and NMS of the 2005 National Electrical Code is amended as follows: 334.12 Uses Not Permitted (A) Types NM, NMC, and NMS Types NM, NMC, and NMS cables shall not be permitted as follows: (1) In any dwelling or structure not specifically permitted in 334.10(1), (2), and (3) (2) Exposed in dropped or suspended ceilings in other than one- and two-family and multifamily dwellings (3) As service-entrance cable (4) In commercial garages having hazardous (classified) locations as defined in 511.3 (5) In theaters and similar locations, except where permitted in 518.4(B) (6) In motion picture studios (7) In storage battery rooms (8) In hoistways or on elevators or escalators (9) Embedded in poured cement, concrete, or aggregate (10) In hazardous (classified) locations, except where permitted by the following: a. 501.10(B)(3) b. 502.10(B)(3) c. 504.20 (11) In building where it would be required to pass through either factory or field punched, cut, or drilled slots or holes in metal members.

Chapter 6 Special Equipment of the 2005 National Electrical Code is amended as follows: ARTICLE 680 Swimming Pools, Fountains, and Similar Installations of the 2005 National Electrical Code is amended as follows:

680.71 Protection Hydromassage bathtubs and their associated electrical components shall be protected by a dedicated_ground-fault circuit interrupter. All 125-volt, single- Ordinance 11-08 2005 National Electrical Code Page 4 of6 phase receptacles not exceeding 30 amperes and located within 1.5 m (5 ft) measured horizontally of the inside walls of a hydromassage tub shall be protected by a ground-fault circuit interrupter(s).

Annex G Administration and Enforcement of the 2005 National Electrical Code is amended as follows: 80.15 Electrical Board. This Section deleted in its entirety.

80.23 Notice of Violations, Penalties.

Notice of violations and penalties shall conform to 80.23(A) and (B).

(B) Penalties.

(1) Any person who fails to comply with the provisions of this Code or who fails to carry out an order made pursuant to this Code or violates any condition attached to a permit, approval, or certificate shall be subject to the penalties established by this jurisdiction. (2) Failure to comply with the time limits of an abatement notice or other corrective notice issued by the authority having jurisdiction shall result in each day that such violation continues being regarded as a new and separate offense. (3) Any person who commences any work on an electrical system before obtaining the necessary permits shall be subject to a Penalty of 100% of the usual permit fee in addition to the required permit fees.

80.25 Connection to Electricity Supply.

Connections to the electric supply shall conform to 80.25(A) through (E).

80.27 Inspector's Qualifications.

(A) Certificate.

All electrical inspectors shall be certified by a nationally recognized inspector certification program. The certification program shall specifically qualify the inspector in electrical inspections. No person shall be employed as an Electrical Inspector unless that person is the holder of an Electrical Inspector's certificate of qualification, or can obtain the certificate of qualification within 6 months of initial hire issued by a nationally recognized inspector certification program.

(B) Experience.

Electrical inspector applicants shall demonstrate the following: Ordinance 11-08 2005 National Electrical Code Page 5 of6 ( 1) Have a demonstrated knowledge of the standard materials and methods used in the installation of electric equipment (2) Be well versed in the approved methods of construction for safety to persons and property (3) Be well versed in the statutes and ordinances of The Town of Lakewood Village relating to electrical work and the National Electrical Code, as approved by the American National Standards Institute (4) Have had at least 1 years! experience as an Electrical Inspector or 2 years in the installation of electrical equipment. In lieu of such experience, the applicant shall be a graduate in electrical engineering or of a similar curriculum of a college or university considered by the Board as having suitable requirements for graduation and shall have had two years' practical electrical expenence.

80.29 Liability for Damages.

Article 80 shall not be construed to affect the responsibility or liability of any party owning, designing, operating, controlling, or installing any electric equipment for damages to persons or property caused by a defect therein, nor shall the Town of Lakewood Village or any of its employees or agents be held as assuming any such liability by reason of the inspection, reinspection, or other examination authorized.

80.35 Effective Date.

Article 80 shall take effect July 1, 2009 after its passage and publication.

End of Exhibit "A"

Ordinance 11-08 2005 National Electrical Code Page 6 of6 Exhibit 24 STATEOFTEXAS ) ) CERTIFICATE TO CO PY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performa nce of the functions o f my offi ce, that the attached instruments ru·e ful l, true and correct copies of Town of Lakewood Vi llage O rdinance 11-09. The same appear of record in my offi ce and said documents are the officia l records from the public office o f the Town Secretary of the Town of Lakewood Village. Denton County, Texas, ru1d are kept in sa id office.

I further certify that I a m the Town Secretary o r the Town of Lakewood Vi llage, that I have legal custody of said records, and that I am a law fu l possessor and keeper of the records in said office.

In witness whereof I have hereunto set my hand and a ffi xed the official seal of The Town of Lakewood Village th is 26th day of March, 20 14.

~cLo.~W . ~ell, T RMC . Town Secretary Town ofLakcwoocl Vi llage Denton Coun ty State of Texas TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE NO. 11-09 AN ORDINANCE TO ADOPT THE 2006 INTERNATIONAL PLUMBING CODE, WITHIN THE TOWN OF LAKEWOOD VILLAGE AND THE TOWN OF LAKEWOOD VILLAGE EXTRATERRITORTIAL JURISDICTION; PROVIDING A SAVINGS/REPEALING CLAUSE, PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Town Council of the Town of Lakewood Village, Texas ("Town Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the Town of Lakewood Village, Texas and the citizens inside the Town of Lakewood Village Extraterritorial Jurisdiction (collectively "Lakewood Village") to adopt the 2006 Edition of the International Plumbing Code, save and except the deletions and amendments set forth below.

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein.

SECTION 2: Adoption of the 2006 International Plumbing Code. The International Plumbing Code, 2006 Edition, copyrighted by the International Code Council, Inc., save and except the deletions and amendments set forth in Exhibit "A", attached hereto and incorporated herein for all purposes, is hereby adopted as the Plumbing Code for Lakewood Village, regulating the erection, installation, alteration, repairs, relocation, replacement, addition to, use or maintenance of plumbing systems within Lakewood Village (The "2006 International Plumbing Code"). The 2006 International Plumbing Code is made a part of this Ordinance as if fully set forth herein.

SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect.

SECTION 4: Penalty Provision. Any person, finn, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction therefore, shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00), and each and every day that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation. Lakewood Village retains all legal rights and remedies available to it pursuant to local, state and federal law.

SECTION 5: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Lakewood Village hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, inespective of the fact that any one or more sections, subsections, sentences, clauses, ru1d phrases be declared unconstitutional.

SECTION 6: Effective Date. This Ordinru1ce shall become effective upon its passage ru1d publication as required by Jaw.

DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VlLLAGE, TEXAS, on this 12th day ofMA Y, 2011.

Mi e Schmttker, Mayor Town of Lakewood Village ATTEST

~JcJ9k&Q~ Linda Asbell, Town Secretru·y Town of Lakewood Village

Ordinru1ce 11-09 2006 International Plumbing Code Page 2 of4 Exhibit "A" Town of Lakewood Village 2006 International Plumbing Code The following additions, deletions, and amendments to the 2006 International Plumbing Code adopted herein are hereby approved and adopted.

Chapter 1. Administration of the 2006 International Plumbing Code is amended as follows: Section 102 Applicability of the 2006 International Plumbing Code is amended as follows: 102.8 Referenced codes and standards. The codes and standards referenced herein shall be those that are listed in Chapter 15 and such codes, when specifically adopted, and standards shall be considered as part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFP A 70 or the ICC Electrical Code shall mean the Electrical Code as adopted by the Town of Lakewood Village as it currently exist or may be amended. Where requirements in this code conflict with any requirements of other adopted codes by the Town of Lakewood Village the most stringent requirements shall apply.

Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and the manufacturer's installation instructions shall apply.

Section 106 Permits of the 2006 International Plumbing Code is amended as follows: 106.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 90 days after the date of filing unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

106.5.3 Expiration. Every permit issued by the code official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced and received a minimum of one approved inspection within 180 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work recommences, a new Ordinance 11-09 2006 International Plumbing Code Page 3 of 4 permit shall be first obtained and the fee, therefore, shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded one year.

106.6.2 Fee schedule. The fees for Plumbing work shall be as indicated in the Town of Lakewood Village Building Inspections Fee Schedule 106.6.3 Fee refunds. The code official shall authorize the refunding of fees as follows.

1. The full amount of any fee paid hereunder which was erroneously paid or collected.

2. Not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than 50 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended.

The code official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment.

Chapter 9. Vents of the 2006 International Plumbing Code is amended as follows: Section 917 Air Admittance Valves of the 2006 International Plumbing Code IS amended as follows: 917.3 Where permitted. Individual, branch and circuit vents shall be permitted to terminate with a connection to an individual or branch-type air admittance valve.

Stack vents and vent stacks shall be permitted to terminate to stack-type air admittance valves. Individual and branch-type air admittance valves shall vent only fixtures that are on the same floor level and connect to a horizontal branch drain. The horizontal branch drain having individual and branch-type air admittance valves shall conform to Section 917.3.1 or 917.3.2. Stack-type air admittance valves shall conform to Section 917.3.3. Air admittance valves shall only be installed with the prior written approval of the Building Official.

End of Exhibit "A"

Ordinance 11-09 2006 International Plumbing Code Page 4 of4 Exhibit 25 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certi fy, in the performance o f the fw1ctions o f my ofli ce, that the attached instruments are full , true and correct copies of the Town o f Lakewood Vi ll age Ord inance 11- 11. T he same appear of record in my o ffice and said documents are the onicial records fro m the public office of the Town Secretary of the Tovvn or Lakewood Vi llage, Denton County, Texas, and are kept in said o ffi ce.

1 further certify th at I am the Town Secretary of the Town of Lakewood Vi llage. that I have legal custody of said records, and that I am a lawful possessor and keeper of the records in said office.

In witness whereof l have hereunto set my hand and affixed the offi cial seal of The T own of Lakewood Vi llage thi s 16th day o f March. 20 14.

Lm a Asbell, TRMC . Town Secreta ry Town of Lakewood Vi llage Dento n County Sta te o fTexas TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE NO. 11-11 AN ORDINANCE OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS, AMENDING ORDINANCE 08-06 AND ALL OTHER ORDINANCES OF THE TOWN REGULATING SUBDIVISIONS AND OTHER PROPERTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS, AMENDMENT AND REPEAL CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Town Council ("Town Council") desires to amend Ordinance 08-06 and all other ordinances regarding the Town's rules and regulations for subdivisions and property development as authorized by Chapter 212, Texas Local Government Code, as amended; and WHEREAS, the Town Council finds that there is a public necessity requiring adoption of this ordinance, said public necessity being the need to establish rules and regulations for subdivisions and property development and extend such rules and regulations to the extraterritorial jurisdiction of the Town ("ETJ") to protect the public health, welfare and safety of the citizens of the Town and the ETJ; and WHEREAS, the Town Council is authorized and empowered to apply the Town's regulations for subdivisions and property development to its ETJ pursuant to Section 212.003 of the Texas Local Government Code; and WHEREAS, the Town Council has conducted a public hearing on the application of the Town's regulations for subdivisions and property development to its ETJ, and the Town Council finds and determines that all required notices and hearings in this regard have been given and that the meeting at which the public hearing has been held and at which this ordinance is being adopted were open to the public and conducted according to applicable law; and WHEREAS, the Town Council hereby finds and determines that the adoption of this ordinance is in the best interests ofthe health, safety and welfare ofthe citizens ofthe Town.

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS: Sec. 1. Findings Incorporated.

The findings set forth above are incorporated into the body ofthis ordinance as if fully set forth herein.

Sec. 2. Extension of Subdivision Rules and Regulations, Building Standards and Ordinance 11-11 Amendment of Subdivision Regulations Page I of3 Construction Permits and Fees, and Uniform Codes to the Extraterritorial Jurisdiction.

This ordinance is hereby adopted under the authority of the Constitution and laws of the State of Texas, including Texas Local Government Code Chapter 212, and is being adopted after conducting a public hearing on the matter.

The Town Council hereby amends Ordinance 08-06, the Town of Lakewood Village Subdivision and Property Regulations by extending the application of the Town of Lakewood Village Subdivision and Property Regulations to the extraterritorial jurisdiction of the Town, as that area may exist from time to time. This ordinance shall be applicable to the filing of plats, the subdivision of land, and development of property within the corporate limits of the Town and its extraterritorial jurisdiction as they may exist from time to time adjusted.

All ordinances of the Town, including Ordinance 10-01, which by such ordinance( s) the Town Council has adopted and made applicable to the Town the uniform codes, including but not limited to those concerning and applicable to building, plumbing, mechanical, energy, fuel and gas, property maintenance, electrical, fire and all appendices thereto, and all ordinance(s) concerning and related to permits and permit fees for building and construction, shall be and are hereby amended to apply and extend all such ordinances and their provisions to the ETJ of the Town to the full extent as permitted by law.

The Town shall have all remedies and rights provided by Texas Local Government Code, Chapter 212, with regard to the control and approval of subdivisions and plats and property development both within the Town and within its ETJ to the full extent as permitted by law.

Sec. 3. Severability.

It is hereby declared to be the intention of the Town Council that if any of the sections, paragraphs, sentences, clauses, and phrases of this ordinance shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not effect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance of unconstitutional or invalid phrases, clauses, sentences paragraphs or sections.

Sec. 4. Savings, Amendment and Repeal.

This ordinance shall be cumulative of all other ordinances of the Town and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those ordinances are in direct conflict with the provisions of this ordinance; provided, however, that Ordinance No. 08-06 of the Town and all other ordinance and parts of ordinance of the Town in conflict with this ordinance are hereby amended and repealed to the extent of such conflict, but provided that any complaint, action, cause of Ordinance 11-11 Amendment of Subdivision Regulations Page 2 of3 action, or claim which prior to the effective date of this ordinance has been initiated or has arisen under or pursuant to Ordinance No. 08-06 shall continue to be governed by the provisions of that ordinance and for that purpose Ordinance No. 08-06 shall be deemed to remain and shall continue in full force and effect.

Sec. 5. Effective Date.

This ordinance shall become effective from and after its date of passage and publication as provided by law.

PASSED AND APPROVED by the Town Council of the Town of Lakewood Village orl. the 11th day of March, 2011.

~Mayor ATTEST:

~ l o'7Qobe02 ~sbell, Town Secretary

APPROVED AS TO FORM:

Wm. Andrew Messer, Town Attorney

Ordinance 11-1 J Amendment of Subdivision Regulations Page 3 of3 action, or claim which prior lo the effective date of this ordi11ance has been initiated or has arisen under or pursuanl to Ordinance No. 08-06 shall continue to be governed by the provisions ofthat ordinance and for that purpose Ordinance No. 08-06 shall be deemed to remain and shall continue in fttll force and eftecl.

Sec, 5. Effective Date.

This ordinance shall become etlective from und aller ils date of pnssage and publication as provided by law.

PASSED AND APPROVED by the Town Council of the Town of Lakewood Village on the 11th day of March, 2011.

~,ike Schnittke1·. Maym

ATTEST:

~ew~w,~T~~~~~f4t-ec-·re_t_an_;_________

APPROVED AS TO FORM:

Ordinance 11-11 Amendment ofSuhdivisinn Rcgulntions Page 3 of3 Exhibit 26 STATE OF TEXAS ) ) CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the performance of the functions of my office, that the attached instruments are full, true and correct copies of Town of Lakewood Vi II age Ordinance 11-13. The same appear of record in my office and said docw11ents are the official records from the public office of the Town Secretary of the Town of Lakewood Village, Denton County, Texas, and are kept in said office.

1 further certify that I am the Town Secretary of the Town of Lakewood Village, that 1 have legal custody of said records, and that I am a lawfu l possessor and keeper of the records in said office.

In witness whereof I have hereunto set my hand and affixed the official seal of The Town of Lakewood Village this 26th day ofMarch, 20 14.

~d o~{d.-)::JR 0 Q ~ell, TRMC, Town Secretary Town of Lakewood Village Denton County State ofTex as TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE NO. 11-13 AN ORDINANCE TO ADOPT THE 2006 FUEL GAS CODE, WITHIN THE TOWN OF LAKEWOOD VILLAGE AND THE TOWN OF LAKEWOOD VILLAGE EXTRATERRITORTIAL JURISDICTION; PROVIDING A SAVINGS/REPEALING CLAUSE, PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Town Council of the Town of Lakewood Village, Texas ("Town Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the Town of Lakewood Village, Texas and the citizens inside the Town of Lakewood Village Extraterritorial Jurisdiction (collectively "Lakewood Village") to adopt the 2006 Edition of the International Fuel Gas Code, save and except the deletions and amendments set forth below.

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein.

SECTION 2: Adoption of the 2006 International Fuel Gas Code. The International Fuel Gas Code, 2006 Edition, copyrighted by the International Code Council, Inc., save and except the deletions and amendments set forth in Exhibit "A", attached hereto and incorporated herein for all purposes, is hereby adopted as the Fuel Gas code for Lakewood Village, regulating the design, installation, maintenance, addition, alteration, and inspection of Fuel Gas systems that are permanently installed and utilized to provide control of environmental conditions and related processes within Lakewood Village (The "2006 International Fuel Gas Code"). The 2006 International Fuel Gas Code is made a part of this Ordinance as if fully set forth herein.

SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect.

SECTION 4: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction therefore, shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00), and each and every day that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation. Lakewood Village retains all legal rights and remedies available to it pmsuant to local, state and federal law.

SECTION 5: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining po1tions of this Ordinance. Lakewood Village hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional.

SECTION 6: Effective Date. This Ordinance shall become effective upon its passage and publication as required by law.

DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS, on this 14th day of APRIL, 2011.

0fke Schnittker, Mayor Town of Lakewood Village ATTEST

~CJ/Jc,~y>p{L Linda Asbell, Town Secretary Town of Lakewood Village

Ordinance 11-1 3 2006 International Fuel Gas Code Page 2 of5 Exhibit "A" Town of Lakewood Village 2006 International Fuel Gas Code The following additions, deletions, and amendments to the 2006 International Fuel Gas Code adopted herein are hereby approved and adopted.

Chapter 1. Administration of the 2006 International Fuel Gas Code is amended as follows: Section 102 Applicability of the 2006 International Fuel Gas Code is amended as follows: 102.8 Referenced codes and standards. The codes, when specifically adopted by the Town of Lakewood Village. and standards referenced in this code shall be those that are listed in Chapter 8 and such codes and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFP A 70 or the ICC Electrical Code shall mean the Electrical Code as adopted by the Town of Lakewood Village as it currently exist or may be amended. Where requirements in this code conflict with any requirements of other adopted codes by the Town of Lakewood Village the most stringent requirements shall apply.

Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and the manufacturer's installation instructions shall apply.

Section 106 Permits of the 2006 International Fuel Gas Code is amended as follows: 106.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 90 days after the date of filing unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

106.4.3 Expiration. Every permit issued by the code official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced and received a minimum of one approved inspection within 180 days from the date of such permit, or if the work Ordinance 11-13 2006 International Fuel Gas Code Page 3 of 5 authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work recommences, a new permit shall be first obtained and the fee, therefore, shall be ORe half the amount required for a new permit for such work, provided no changes have been made or will be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded one year.

106.5.2 Fee schedule. The fees for Fuel Gas work shall be as indicated in the Town of Lakewood Village Building Inspections Fee Schedule 106.5.3 Fee refunds. The code official shall authorize the refunding of fees as follows.

1. The full amount of any fee paid hereunder which was erroneously paid or collected.

2. Not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than 50 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended.

The code official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment.

Chapter 3 General Regulations of the 2006 International Fuel Gas Code 1s amended as follows: Section 305 Installation ofthe 2006 International Fuel Gas Code is amended as follows: 305.7 Clearances from grade. Equipment and appliances installed at grade level shall be supported on a level concrete slab or other approved material extending above adjoining grade a minimum of 3 inches (76 mm) or shall be suspended a minimum of 6 inches (152 mm) above adjoining grade.

Section 306 Access and service space of the 2006 International Fuel Gas Code 1s amended as follows: 306.3 Appliances in attics. Attics containing appliances requiring access shall be provided with an opening and unobstructed passageway large enough to allow removal of the largest appliance. The passageway shall not be less than 30 inches (762 mm) high and 22 inches (559 mm) wide and not more than 20 feet (6096 mm) in length measured along the center line of the passageway from the opening Ordinance 11-13 2006 International Fuel Gas Code Page 4 of5 to the appliance. The passageway shall have continuous unobstructed solid flooring not less than 24 inches (610 mm) wide. A level service space not less than 30 inches (762 mm) deep and 30 inches (762 mm) wide shall be present at the front or service side of the appliance. The clear access opening dimensions shall be a minimum of20 inches by 30 inches (508 mm by 762 mm), where such dimensions are large enough to allow removal of the largest appliance. As a minimum, access to the attic space shall be provided by one of the following: 1. Permanent stairs or ladder fastened to the building.

2. A pull down stair with a minimum 300 lb. rating.

3. An access door from an upper floor.

Exceptions: 1. The passageway and level service space are not required where the appliance can be serviced and removed through the required opening.

2. Where the passageway is unobstructed and not less than 6 feet (1829 mm) high and 22 inches (559 mm) wide for its entire length, the passageway shall be not more than 50 feet (15 250 mm) long.

Chapter 6 Specific Appliances of the 2006 International Fuel Gas Code is amended as follows: Section 614 Clothes dryer exhaust ofthe 2006 International Fuel Gas Code is amended as follows: 614.6.1 Maximum length. The maximum length of a clothes dryer exhaust duct shall not exceed 25 feet (7620 mm) from the dryer location to the outlet terminal.

The maximum length ofthe duct shall be reduced 21/2 feet (762 mm) for each 45 degree (0.79 rad) bend and 5 feet (1524 mm) for each 90 degree (1.6 rad) bend.

The maximum length of the exhaust duct does not include the transition duct.

Exception: Where the make and model of the clothes dryer to be installed is known and the manufacturer's installation instructions for such dryer are provided to the code official, the maximum length of the exhaust duct, including any transition duct, shall be permitted to be in accordance with the dryer manufacturer's installation instructions, and provided that a 4 inch by six inch sign red in color with white letters is permanently affixed to the structure stating the following: Warning: Dryer must be approved for vent length not to exceed 40 feet total developed length (TDL). Duct Size: (]nsert Number) Total Developed Length: (Insert Number)

End of Exhibit "A" Ordinance 11-13 2006 International Fuel Gas Code Page 5 of5 Exhibit 27 STATE OF TEXAS ) ) CERTlFlCATE TO COPY OF PUBLIC RECORD COUNTY OF DENTON ) I hereby certify, in the perfo rmance of the functi o ns of my office, that the attached in struments are fu ll , true and correct copies of the Town o f Lake\:vood Village Ordinance 11-1 6. The same appear of record in my o ffi ce and said documents are the officia l records from the pub lic office of the Town Secretary of the Town of Lakewood Vi llage, Denton County, Texas, and are kept in sa id office.

r further certify that [ am the Town Secretary of the Town of Lakewood V illage, that I have legal custody of said records, and that Tam a lawfu l possessor and keeper of the records in said office.

In witness whereof I have hereun to set my hand and affixed the official seal of The Town of Lakewood Village thi s 16th day of March, 20 14.

TOWN OF LAKEWOOD VILLAGE, TEXAS ORDINANCE NO.ll-16 AN ORDINANCE TO ADOPT THE 2006 INTERNATIONAL RESIDENTIAL CODE, WITHIN THE TOWN OF LAKEWOOD VILLAGE AND THE TOWN OF LAKEWOOD VILLAGE EXTRATERRITORTIAL JURISDICTION; PROVIDING A SAVINGS/REPEALING CLAUSE, PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Town Council of the Town of Lakewood Village, Texas ("Town Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the Town of Lakewood Village, Texas and the citizens inside the Town of Lakewood Village Extraterritorial Jurisdiction (collectively "Lakewood Village") to adopt the 2006 Edition of the International Residential Code, save and except the deletions and amendments set forth below.

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body ofthis Ordinance as if fully set forth herein.

SECTION 2: Adoption of the 2006 International Residential Code. The International Residential Code, 2006 Edition, copyrighted by the International Code Council, Inc., including Appendix G, J, and K, save and except the deletions and amendments set forth in Exhibit "A", attached hereto and incorporated herein for all purposes, is hereby adopted as the Residential code for Lakewood Village, regulating the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal, and demolition of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories in height with a separate means of egress and related accessory structures in Lakewood Village (the "2006 International Residential Code"). The 2006 International Residential Code is made a part of this Ordinance as if fully set forth herein.

SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect.

SECTION 4: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction therefore, shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00), and each and every day that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation. Lakewood Village retains all legal rights and remedies available to it pursuant to local, state and federal law.

SECTION 5: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of tlus Ordinance. Lakewood Village hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and plu·ases be declared unconstitutional.

SECTION 6: Effective Date. This Ordinance shall become effective upon its passage and publication as required by law.

DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF LAKEWOOD VILLAGE, TEXAS, on tills 8th day of SEPTEMBER, 2011.

M~r, Mayor Town of Lakewood Village ATTEST

'- '-..

Linda Asbell , Town Secretary Town of Lakewood Village

Ordinance 1 t -16 2006 International Residential Code Page 2 of23 Exhibit "A" Town of Lakewood Village Amendments 2006 International Residential Code

The Following additions, deletions and amendments to the 2006 International Residential Code adopted herein are herby approved and adopted.

Section 1.

Chapter 1. Administration of the 2006 International Residential Code is amended as follows: Section Rl02 Applicability of the 2006 International Residential Code is amended as follows: Rl02.4 Referenced codes and standards. The codes, when specifically adopted by the Town of Lakewood Village, and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. Any reference made to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. Where requirements in this code conflict with any requirements of other adopted codes by the Town of Lakewood Village the most stringent requirements shall apply.

Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and manufacturer's instructions shall apply.

Section R105 Permits ofthe 2006lntemational Residential Code is amended as follows: R105.2 Work exempt from permit. Permits shall not be required for the following. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.

Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 250 square feet.

2. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.

3. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18 927 L) and the ratio of height to diameter or width does not exceed 2 to 1.

Ordinance 11-16 2006 International Residential Code Page 3 of23 4. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

5. Prefabricated swimming pools that are less than 24 inches (610 mm) deep.

6. Swings and other playground equipment.

7. Window awnings supported by an exterior wall which do not project more than 54 inches (13 72 mm) from the exterior wall and do not require additional support.

Section 105, PERMIT APPLICATION A. A residential permit application consist of five (5) forms, which must be completed and signed by the Contractor and his or her registered mechanical, electrical, and plumbing contractors. These forms are the mechanical permit, electrical permit, plumbing permit, concrete permit, and application for building permit forms.

B. Detailed and accurate descriptions are required regarding the addresses and legal description of the subject property including Lot, Block and complete subdivision name with correct phase.

C. All contractors are required to be registered with the town and must have such approved registration on file before any permit will be issued.

R105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned -l-8G 90 days after the date of filing unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

R105.5 Expiration. Every permit issued by the code official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work recommences, a new permit shall be first obtained and the fee, therefore, shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded one year.

Section R106 Construction Documents of the 2006 International Residential Code is amended as follows: R106.1 Submittal documents. Construction documents, special inspection and structural observation programs and other data shall be submitted in one or more

Ordinance 11-16 2006 International Residential Code Page 4 of23 sets with each application for a permit. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. Foundation plans shall be submitted with each application and shall be sight specific. These plans shall be designed by an engineer licensed by the State of Texas and shall bear that engineers seal.

Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that reviewing of construction documents is not necessary to obtain compliance with this code. Section lA. NEW CONSTRUCTION REQUIREMENTS A. Temporary buildings or structures such as reviewing stand and other miscellaneous structures, sheds, canopies, or fences used for the protection of the public around and in conjunction with construction work may be erected only by special permit for a limited period of time to be designated in said permit; provided, however, that no portable or moveable trailer or similar building or structure shall be permitted during any period of construction.

B. Temporary buildings or structures need not comply with the type of construction or fire resistive time periods required by this code. Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in this permit with all surface area restored to its natural state.

C. Portable toilets shall be provided at all construction job sites for which a building permit is required by this code. D. All Contractors will comply with the town's construction site refuse control program as outlined here. All residential and/or commercial construction sites shall be responsible for providing at a minimum, one 20-yard open top roll-off bulk trash container for construction debris and refuse, or a temporary refuse containment structure with minimum dimensions of 8' L x 8' W x 4' H made of 1" exterior plywood secured tightly on all four comers and to the ground in some manner. The container should have a hinged drop down or swing gate on one side for debris removal access. The contractor will also provide a temporary removable top cover either of exterior plywood and or a heavy tarp for either type of debris storage receptacle to prevent flying debris from possible windy or stormy conditions, etc. If a roll-off trash receptacle is used it must be obtained from the waste company that is currently under contract with the Town of Lakewood Village. Contractors are required to keep construction sites free and clear oftrash at

Ordinance 11-16 2006 International Residential Code Page 5 of23 all times including no overflowing trash receptacles. The town administrative staff and designated building inspector reserve the right to perform unannounced spot inspections. If the construction site is found in violation of this ordinance then the construction site will be RED TAGGED and an IMMEDIATE Stop Work Order will be issued with possible suspension of any registration. Once Red Tagged, the contractor will need to take corrective action to bring the work site to an acceptable condition and when compliance is obtained, the Red Tag will be lifted and construction activities may be resumed.

E. Effective erosion control is required prior to any construction activity and will include the installation of an adequate and repositionable silt fence which should run along the property lot's inside border boundary above and adjacent to the drainage ditch area and the public roadway.

The silt fence will be constructed in a practical manner with the necessary openings so as to allow easy entry and exit from the roadway to the property construction site for all necessary construction equipment and machinery.

F. It is the responsibility of the Contractor to place the proper size culvert on the lot to gain access to the lot prior to any construction. Upon completion of construction the culverts ends must be in concrete and the culvert must continue the direction of the flow of drainage. All culvert sizes are obtained through the Town.

G. A Contractor is prohibited from benching the lot, or preparation of the lot prior to obtaining permit approval.

H. It is the responsibility of the Contractors to keep a copy of all approved plans on the construction site at all times. They must be placed in a water tight container. All paperwork due to the inspector for inspection purposes and in compliance with this ordinance must be placed within this container. The replacement of any lost or stolen permits will be at a cost of $10.00 per occurrence.

Section lB.

EXISTING CONSTRUCTION I REPAIRS I REMODELING REQUIREMENTS A. All remodels and repairs for buildings over 200 square feet, inspections are required only as they apply to the permitted improvements, applicable building codes and Town ordinances.

B. All new construction foundation plans are to be drawn and sealed by an Engineer licensed by the State of Texas.

C. An application for flatwork must be submitted to the Town for approval. Flatwork must follow all other flatwork requirements within this ordinance.

D. Erosion control is required prior to any construction and must be maintained throughout construction completion.

Ordinance 11-16 2006 International Residential Code Page 6 of23 E. All remodels, repairs, alterations, must have two (2) copies of the plot plans turned into the Town showing the actual dimensions and shape of the lot to be built upon or altered, the exact sizes and locations on the lot of any already existing buildings, and the location and dimensions of the proposed building or alteration.

F. Two copies of the existing house plans prior to any alterations, remodels or repair must be turned in prior to approval of the permit.

Section lC.

SECTION 106, BUILDING PLAN PACKET SUBMISSION Along with the permit application forms set forth above, the following documents are required prior to any approval being granted in the quantity and detail as specified: A. Two (2) plot plans containing lot dimensions, plan footprint, set-backs (front, rear and sides) complete address, lot and block, subdivision and phase, utility and easement locations, engineers and contractors names, finish pad elevations, finish floor elevations, topographical elevations, driveways, sidewalks, fence locations, lot area, slab area, and coverage percent. All drawings provided must be to scale.

B. Two (2) foundation designs (11" x 17" drawing and engineer letters) one of which must have an original signature and stamp.

C. Three (3) complete bound sets of construction drawings. Town Copy must be 11" x 17" or application will be automatically rejected without further action or notification by any Town Official. Plans must include elevations, framing details, including soffit overhang details, masonry percentage calculations, square foot calculations, electrical load calculations, electrical panel size, electrical panel location, mechanical specifications, foundation design letter must be address specific. All plans must be drawn by a state licensed architect and must be drawn to scale.

D. Two (2) sets of drainage plans must be provided. Town copy must be 11" x 17" drawn to scale, showing the actual dimensions and shape of the lot to be built upon. The drainage plans must show sea level elevations and all flatwork drawn to scale.

E. Floor plans, elevations, framing, roof plan, electrical and "to be built options" must be clearly shown and detailed. Single sheet submittals are not acceptable. HV AC and Plumbing design drawings are also required. Options reflecting additional buildable space must be identified by the actual square footage area and included in the permit values for total air-conditioned area and or construction area under roof.

Ordinance 11-16 2006 International Residential Code Page 7 of23 F. Elevation drawings must clearly state that the structure meets the exterior requirements set forth below in Section 11 by the Town of Lakewood Village, or provide masonry calculations (i.e. Front%+ Right%+ Left%+ Rear%= total masonry%) G. All drawings must be legible and show proper square footage for air-conditioned and total building areas.

H. One (1) Energy analysis (i.e.; IC3, ResCheck or Energy-Star) shall be provided by a certified professional.

I. All third party rater information and documentation must be submitted if an Energy Star Home is being constructed or modified.

J. Mechanical Air Flow Calculations shall be provided and must be on the mechanical contractors letterhead

Section R108 Fees of the 2006 International Residential Code is amended as follows: R108.6 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a Penalty of 100% of the usual permit fee in addition to the required permit fees.

Section lD.

REQUIREMENTS A. Water/Sewer Taps- A licensed plumber that is registered with the Town shall perform all work connecting to the Town utilities.

B. All sprinkler permits are required to have a final inspection accompanied by a Backflow Prevention Report Form and a Customer Service Inspection Letter. These forms can be obtained from the office of the Town Secretary.

C. In the construction, maintenance, or repair of any building or structure within the Town or the ETJ, for which a building permit is required by the current building codes, no person shall perform any electrical, plumbing, mechanical, fencing, backflow, concrete, third party inspections, irrigation, or roofing unless and until such time as that person is registered with the Town to perform such work.

Section IE.

LICENSING AND REGISTRATION REQUIREMENTS

Ordinance 11-16 2006 International Residential Code Page 8 of23 A. No person shall engage in the business of construction of new buildings or structures, or make any repairs, alterations, or changes to an existing building or structure, unless that person is registered as a Contractor by the Town. Provided however that (i) no license shall be required for work on any building or structure for which a building permit is not required by this code and (ii) persons who occupy and reside within any property as their home shall not be required to obtain a license or register with the Town when performing work on their home.

B. All Contractors must register with the Town of Lakewood Village before applying for permits or performing any work. A master or contractor license in the specific trade is required to register as a Contractor. All licensed Journeymen working for the Contractor shall be listed on the contractor registration form. All work shall be supervised by a licensed individual, A licensed residential wireman may supervise one helper or apprentice. Any work discovered being performed without the required licensed personnel shall be conspicuously identified to prevent reuse and shall be removed. In addition to a citizen complaint, multiple violations of licensure requirements may result in suspension of a Contractors' registration. Any individuals found performing work without the required registration shall be required to leave the jobsite. A Contractor is defined as set forth above in Section 2. All registrations will expire on December 30th of each year. The General Contractor must carry insurance that covers all subcontractors and the projects they are actively working on under the General Contractor. In the event there is not a General Contractor, each subcontractor is required to supply the Town with a copy of their liability insurance with a minimum $100,000.00 policy coverage for each project. It will be the responsibility of the registered individuals to ensure that this process is complete before permits will be issued and any work in the specific trade is commenced. The Town reserves the right to deny or revoke any contractor registration if there are justifiable reasons or violations as determined by the Town.

C. The following Contractors disciplines must follow the applicable registration process.

GENERAL CONTRACTORS, BUILDER REGISTRANTS: 1. Contractor registration filled out completely.

2. A valid State of Texas driver's license or photo I.D. card.

3. A valid certificate of liability insurance or bond in an amount no less than $1,000,000.00 kept in force for the duration of the project. Each project is required to have its own policy.

ELECTRICAL REGISTRANTS: 1. Contractor registration filled out completely.

2. A valid Masters license is required at the time of registration and for the duration of the project.

Ordinance 11-16 2006 International Residential Code Page 9 of23 3. A valid State of Texas driver's license or photo I.D. card.

4. All Journeyman and or Wireman performing work must be registered and posses a current license at the time of registration and for the duration of the project.

5. A list of additional persons authorized to sign applications and pick up approved permits for your company.

6. Proof of insurance as set forth in Section 8 (B) above.

PLUMBING REGISTRANT: 1. Contractor registration application filled out completely.

2. A valid Masters license is required at the time of registration and for the duration of the project.

3. A valid State of Texas driver's license or photo I.D. card.

4. All journeyman, tradesman, and apprentices performing work must be registered and possess a current license at the time of registration and for the duration of the project.

5. A list of additional persons authorized to sign applications and pick up approved permits for your company.

6. Proof of insurance as set forth in Section 8 (B) above.

MECHANICAL REGISTRANT: 1. Contractor registration application filled out completely.

2. A valid Masters license is required at the time of registration and for the duration of the project.

3. A valid State of Texas driver's license or photo I.D. card.

4. A list of additional persons authorized to sign and pick up approved permits for your company.

5. Proof of insurance as set forth in Section 8 (B) above.

IRRIGATION REGISTRANT: 1. Contractor registration application filled out completely.

2. A valid Irrigation license is required at the time of registration and for the duration of the project.

Ordinance 11-16 2006 International Residential Code Page 10 of23 3. A valid State of Texas driver's license or photo I.D. card.

4. A list of additional persons authorized to sign applications and pick up approved permits for your company.

5. Proof of insurance as set forth in Section 8 (B) above.

BACKFLOW TESTER REGISTRANTS: 1. Contractor registration application filled out completely.

2. A valid Back:flow Testers License is required at the time of registration at the time of registration and for the duration of the project.

3. A valid State of Texas driver's license or photo I.D. card.

4. Proof of insurance as set forth in Section 8 (B) above.

SIGN CONTRACTOR REGISTRANT: 1. Contractor registrant application filled out completely.

2. A valid State of Texas driver's license or photo I.D. card.

3. A list of additional persons authorized to sign applications and pick up approved permits for your company.

4. Proof of insurance as set forth in Section 8 (B) above.

THIRD PARTY INSPECTOR REGISTRANT: 1. Contractor registration application form filled out completely.

2. A valid State of Texas driver's license or photo I.D. card.

3. A list of qualified persons authorized to perform inspections.

4. Proof of certification 5. Proofofinsurance as set forth in Section 8 (B) above.

ROOFING REGISTRANT: 1. Contractor registration application filled out completely.

2. Valid State of Texas drivers license or photo I. D. card.

3. Proof of insurance as set forth in Section 8 (B) above.

Ordinance 11-16 2006 International Residential Code Page 11 of23 CONCRETE REGISTRANT: 1. Contractor registration application filled out completely.

2. A valid State of Texas driver's license or photo I.D. card.

3. Proof of insurance as set forth in Section 8 (B) above.

FENCE I SCREENING WALL REGISTRANT: 1. Contractor registration application filled out completely.

2. A valid State of Texas driver's license or photo I.D. card.

3. Proof of insurance as set forth in Section 8 (B) above.

D. Any registered Contractor that fails to maintain compliance with any provisions of this section shall cease all work being performed at the time the Contractor is no longer in compliance.

Section 109 Inspections A. Request for Inspections B. Building permits will include inspections performed during the following construction stages: 1. T-Pole 2. Plumbing Rough, includes water and sewer tap (form board surveys due at this time on site) 3. Pier and Beam - shall be inspected by the engineer and an approval letter shall be provided to the building official.

4. Foundation 5. Frame 6. Mechanical Rough 7. Electrical Rough 8. Rough Gas 9. Plumbing Top Out 10. 4 foot brick tie inspection and/or Stucco inspection 11. Drywall

Ordinance 11-16 2006 International Residential Code Page 12 of23 12. Electrical/Gas Meter Release 13. Flatwork 14. 100% Final · All Third party insulation inspections reports are due prior to the electrical/gas meter release. · At the time of the scheduled pour, and prior to driving to the location ofthe pour, the Contractor will be responsible for turning in all weight tickets to the Town. · Termite letter, Customer Service Inspection letter, and the Final Grade survey is due on site at the 100% Final Inspection. · Piers must be inspected by an independent contractor. A copy of the inspection must be supplied to the Town prior to calling in the next inspection.

E. All Sprinkler Contractors must have the Backflow Prevention Form filed with the Town of Lakewood Village prior to hooking the system up to the water supply.

F. All inspections must be performed during daylight hours Section lF.

A. Upon completion of construction, no one may occupy or move any objects into or onto the property of new construction until a Certificate of Occupancy (1 00 % Final) inspection has been performed and passed by an official of the Town. Violation of this requirement will result in all utilities being disconnected until such time as a Certificate of Occupancy has been issued after all the proper inspections have been performed.

B. Secondary structures will be permitted as new construction with minimum square footage requirements waived as long as secondary structure is contained within the property lines of the primary residence lot(s) and required set backs are met. Any secondary structure built on any adjacent lot must conform to the minimum square footage requirements of that section as stated in the current zoning ordinance as amended or revised unless both lots are re-platted as a single lot and said plat is filed on record with Denton County, Texas. Proper proof of filing with Denton County, Texas must be provided to the Town at the time the building permit is sought.

C. All new building construction will have a garage with the following requirements: 1. There shall be no front-facing garages on any new construction. Where the configuration of the ground is such that conformity with this provision of this ordinance would work a hardship, the Town Council may permit a variance.

2. There shall be a garage size requirement on all new construction of a minimum of 25 feet in width and 22 feet in depth. Where the configuration of the ground is such that conformity with

Ordinance 11-16 2006 International Residential Code Page 13 of23 this provision of this ordinance would work a hardship, the Town Council may permit a variance.

Section lG.

A. A form survey will be completed at the time that the forms are in position before the concrete is poured to ensure that the location of the slab is in compliance with all town ordinances. A copy of the form survey will be submitted to the Town.

B. Height. There shall be no buildings, residential or commercial, that exceed 2 ~stories Any exceptions are outlined in the Zoning Ordinance 83-01A, as amended or revised.

C. The exterior facades of a main building or structure, excluding glass windows and doors shall be constructed of eighty (80) percent masonry requirement on all new construction for anything over 200 square feet or greater. Cementatious fiber board shall not be considered masonry; cementatious fiber board may be used to replace existing siding on existing structures, with pre- approval of the Building Official. Cementatious fiber board may also be used for architectural features, including window box-outs, bay windows, roof dormers, garage door headers, columns, or other architectural features approved by the Building Official.

D. Wood roof shingles are prohibited.

E. The use of Stucco, various types of stucco and installation procedures must have prior approval from the Building Official. If approved, the builder must provide the installer's certification and certificate for the Town's files. Only true three coat stuccoing will be considered. Additional inspections are required at, hath, scratch coat, and brown coat.

F. Exterior Insulation Finish System (EIFS) shall not be permitted on any construction.

G. Construction work times shall begin no earlier than 7:00a.m. and shall end no later than 7:00 p.m.

H. All roof pitches shall have a minimum of four (4) inches over twelve (12) inches.

I. The Town will grant approval to initiate electrical service for permanent or temporary use.

J. All new construction shall have gutters installed in accordance to the submitted drainage plan with the minimum of the entire front ofhouse, all exits, and above all air-conditioning units.

K. It is also the responsibility of the Contractor to ensure the grading of the ditches or easements continue the flow of drainage prior to receiving the 100% Final Inspection. Lot to lot drainage is not allowed.

Section lH.

Ordinance 11-16 2006 International Residential Code Page 14 of23 VARIANCES and BOARD OF APPEALS A. In order to hear and decide appeals of orders, decisions, or determinations made by the Building Official relative to the application and interpretation of this Ordinance, there shall be and is hereby created a Board of Appeals. The Town Council of the Town of Lakewood Village, Texas shall serve as the Board of Appeals. The Building Official shall be an ex-officio member of and shall act as secretary to the Board but shall have no vote on any matter before the Board.

The Board shall adopt the rules of procedure for conducting its business, and shall render all decisions and finding in writing to the appellant with a duplicate copy to the Building Official.

1. The powers ofthe Board shall be as follows: a. To hear appeals from decisions of the Building Official b. To hear requests for the use of a material or method of construction not prescribed or authorized by this code, and to authorize the use when, in the Board's judgment, the material or method of construction is at least equivalent to that prescribed; and c. To grant or deny variance requests B. Variance Requests 1. Variances will be considered only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the building and zoning ordinances would cause an undue hardship. Financial considerations are not relevant and will not be considered in the request.

2. A variance which would have a detrimental effect on public health and/or safety will not be considered.

3. Variances for self imposed hardships will not be considered.

4. Approved variances expire 180 days following the approval.

Section 2.

Chapter 2. DEFINITIONS of the 2006 International Residential Code The Town- shall mean the Town of Lakewood Village

Ordinance 11-16 2006 International Residential Code Page 15 of23 Contractor - shall mean any person, firm, corporation, or other entity that is hired by a homeowner or landowner to perform any new construction, remodel, or repair on said homeowner or landowner's real property.

Erosion Control- the containment of all dirt, soils, sand, fill or grass, in such a manner, to prevent said materials from encroaching onto adjacent properties, town easements, drainage culverts, or utility placements ETJ- shall mean the Extraterritorial Jurisdiction ofthe Town of Lakewood Village Masonry - shall be defined as brick, concrete hollow clay tile, concrete block, natural stone, or any combination of these materials that are laid up by unit and set in mortar.

Construction Site Refuse Control- the containment of and weekly or monthly removal ofboth construction and laborer refuse to prevent said materials from encroaching onto adjacent homeowner properties, town easements, drainage ditches and culverts, and should be in compliance with OSHA and local codes.

Section 3.

Chapter 3. Building Planning of the 2006 International Residential Code 1s amended as follows: Section 309 Garages and Carports of the 2006 International Residential Code 1s amended as follows: Section 309 Carports shall not be allowed in Lakewood Village.

R309.1 Opening protection. Openings from a private garage directly into a room used for sleeping purposes shall not be permitted. Other openings between the garage and residence shall be equipped with a self closing, tight fitting solid wood doors not less than 13/8 inches (35 mm) in thickness, solid or honeycomb core steel doors not less than 13/8 inches (35 mm) thick, or 20-minute fire-rated doors.

R309.1.1 Duct penetration. Ducts in the garage and ducts penetrating the walls or ceilings separating the dwelling from the garage shall be constructed of a minimum No. 26 gage (0.48 mm) sheet steel or other approved material and shall have no openings into the garage.

R309.1.2 Other penetrations. Penetrations through the separation required in Section R309.2 shall be protected by filling the opening around the penetrating item with approved material to resist the free passage of flame and products of combustion.

R309.1.3 Access Openings. Access openings in the separation required by R309.2 shall have a tight fitting, non-combustible and latching cover.

Ordinance 11-16 2006 International Residential Code Page 16 of23 R309.2 Separation required. The garage shall be separated from the residence and its attic area by not less than 5/8-inch (15.9 mm) gypsum board applied to the garage side. Garages beneath habitable rooms shall be separated from all habitable rooms above by not less than 5/8-inch (15.9 mm) Type X gypsum board or equivalent. Where the separation is a floor-ceiling assembly, the structure supporting the separation shall also be protected by not less than 5/8 inch (15.9 mm) gypsum board or equivalent. Garages located less than 5 feet (1524 mm) from a dwelling unit on the same lot shall be protected with not less than 5/8-inch (15.9 mm) gypsum board applied to the interior side of exterior walls that are within this area. Openings in these walls shall be regulated by Section R309.1.

This provision does not apply to garage walls that are perpendicular to the adjacent dwelling unit wall.

Section 313 Smoke Alarms of the 2006 International Residential Code is added as follows: R313.4 Carbon Monoxide Detector. A carbon monoxide detector shall be installed for each 1,000 square feet (305 m2 ) of living area. Carbon monoxide detectors shall be placed adjacent to openings in enclosures for fuel burning appliances, at least one location per floor level and at garage entrances, Power source shall be same as required by section R313 .3 for smoke detectors.

Section 319 Site Address of the 2006 International Residential Code is amended as follows: A. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting property. Said numbers shall contrast with their background, and shall comply with the following provisions, as applicable: 1. Residential occupancies shall have numbers a minimum of six (6) inches in height and be in a contrasting color to the background; 2. Duplexes shall have street and/or building numbers a minimum of eight (8) inches in height.

When deemed necessary by the Town the street and/or building numbers may be required to be of a larger size for immediate and visible identification; 3. If the structure is more than two hundred (200) feet from a public street, the address shall alse appear at the front or main entry to the property with numbers a minimum of six (6) inches in height.

Ordinance 11-16 2006 International Residential Code Page 17 of23 4. When deemed necessary by the Town street or building numbers may be required on more than one side of the structure or property; 5. Building and/or street numbers shall be located in an area and lighted in a manner that will make them immediately discernible as approved by the Town.

Section 4.

Chapter 4. Foundations of the 2006 International Residential Code is amended as follows: Section 403 Footings of the 2006 International Residential Code is amended as follows: R403.1.8 Foundations on expansive soils. Foundation and floor slabs for buildings located on expansive soils shall be designed in accordance with Section 1805.8 of the International Building Code, the American Society of Civil Engineers Texas Section Recommended Practice for the Design of Residential Foundations Version 1 as it currently exists or may be amended, or other accepted industry standards that may be acceptable to the Building Official. All foundations shall be designed by a registered Professional Engineer in the State of Texas and all drawings and documentation must be signed and sealed.

Documentation shall include: 1. Design letter referencing soils report number, date of report, soils, and engineer name; specific location including lot, block, and subdivision; specific design criteria including soil bearing capacity, plasticity index, and potential vertical rise. The Engineer shall also approve a concrete mix design with performance criteria based on soils and seasonal conditions.

2. Signed and sealed drawings clearly indicating strand and reinforcement placement, pier size, depth, location, and reinforcing, beam size and location, and special details. Design calculations must be included. One ledger size copy of plans and calculations will be included in the permanent permit file for each project.

3. Design engineer must perform a pre-pour inspection and provide the Building Official with signed and sealed document stating that the foundation has been inspected and approved. This inspection must take place prior to requesting a foundation inspection from the Building Official. The engineer shall be present during placement of concrete to verify concrete mix design and seasonal conditions during placement, and verify tensioning and elongation of cables.

4. Rough grading of lot after form removal to maintain drainage away from foundation during the construction process.

Ordinance 11-16 2006 International Residential Code Page 18 of23 5. Prior to recetvmg a Certificate of Occupancy, a final survey indicating final grade elevations and verifying positive drainage away from the foundation, and evidence from the homeowner that they have received a copy of foundation maintenance instructions must be submitted to the Building Official.

6. The Engineer must provide to the Building Official a letter of Final Acceptance stating that the foundation has been placed in compliance with the design prior to the issuance of a Certificate of Occupancy.

7. Anchorage shall be installed before foundation is approved for pouring, per Section 403.1.6 R403.1.7.3 Foundation elevation of the 2006 International Residential Code is amended as follows: No cross lot drainage shall be allowed.

Section 4A.

Driveways 1. All new building construction will have a driveway. The pouring requirements are as follows: a. The Contractor shall notify the Town of when they are scheduled to pour within 48-hours prior to pouring. b. No concrete will be poured before 7:00 a.m. c. At the time of the scheduled pour, and prior to driving to the location of the pour, the Contractor and concrete registrant will be responsible for turning in all weight tickets to the Town. d. As per Weight Ordinance No. 98-09 Section 3 (C) as amended or revised, the gross weight limit on Town streets for a ready-mix concrete truck shall be58,420 lbs. e. The minimum thickness of four inches and minimum compression strength shall be 3000 psi at 28 days. f. Driveways shall be a minimum of 10 foot wide, in Town Section 5 driveways shall be a minimum of 12 foot wide. g. 3/8 inch rebar with no greater than 16 inch centers is required on all drivewayconstruction. Re-bar placement must be inspected 48-hours prior to the pouring of concrete. h. All driveways must properly tie into the street. The Contractor is responsiblefor any road damage that may occur during the construction of the permitted project. All roads must be restored at least to their original condition prior to receiving their 100% final inspection. It shall be unlawful for any person, firm, or corporation or other legal entity to erect, construct, enlarge, alter, repair, move, improve, convert, or demolish any flatwork or driveway or cause to permit the same to be done in violation of this ordinance. j. A driveway permit that would place the water meter, water valve and meter

Ordinance 11-16 2006 International Residential Code Page 19 of23 box in the driveway shall provide, as a condition of said permit, for the removal of the water meter, water valve, and meter box out of the driveway, at the home and/or land owners expense. Replacement of the water meter, water valve, and meter box shall be in a manner were the meter can be serviced with an additional inspection on the plumbing performed by the Building Official at an additional cost of $75.00. A licensed plumber who is registered to work in the Town of Lakewood Village shall perform the replacement of the water meter, water valve, and meter box.

Section 5.