480-546
CITY OF SOUTHLAKE, TEXAS OFFICIAL
ORDINANCE NO. 480-546
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF
THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING
CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN
THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY
DESCRIBED AS LOT 2A, BLOCK 1, GORBUTT ADDITION, BEING
APPROXIMATELY 1.463 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "0-1" OFFICE
DISTRICT TO "S-P-1" DETAILED SITE PLAN DISTRICT WITH "0-
1" OFFICE DISTRICT USES, AS DEPICTED ON THE APPROVED
SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN
AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS
CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL
ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE
ZONING ORDINANCE; DETERMINING THAT THE PUBLIC
INTEREST, MORALS AND GENERAL WELFARE DEMAND THE
ZONING CHANGES AND AMENDMENTS HEREIN MADE;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE
OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home.rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Texas Local Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use
of buildings, other structures and land for business, industrial, residential and other purposes,
and to amend said ordinance and map for the purpose of promoting the public health, safety,
morals and general welfare, all in accordance with a comprehensive plan; and
WHEREAS, the hereinafter.described property is currently zoned as "0-1" Office District
under the City's Comprehensive Zoning Ordinance; and
WHEREAS, a change in the zoning classification of said property was requested by a
person or corporation having a proprietary interest in said property; and
WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by
the City Council did consider the following factors in making a determination as to whether these
changes should be granted or denied: safety of the motoring public and the pedestrians using
the facilities in the area immediately surrounding the sites; safety from fire hazards and
damages; noise producing elements and glare of the vehicular and stationary lights and effect of
such lights on established character of the neighborhood; location, lighting and types of signs
and relation of signs to traffic control and adjacent property; street size and adequacy of width
for traffic reasonably expected to be generated by the proposed use around the site and in the
immediate neighborhood; adequacy of parking as determined by requirements of this ordinance
for off-street parking facilities; location of ingress and egress points for parking and off-street
loading spaces, and protection of public health by surfacing on all parking areas to control dust;
effect on the promotion of health ad the general welfare; effect on light and air; effect on the
over-crowding of the land; effect on the concentration of population, and effect on transportation,
water, sewerage, schools, parks.and other public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the
view to conserve the value of the buildings, and encourage the most appropriate use of the land
throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a
public necessity for the zoning changes, that the public demands them, that the public interest
clearly requires the amendments, and that the zoning changes do not unreasonably invade the
rights of those who bought or improved property with reference to the classification which
existed at the time their original investment was made; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes
in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other
dangers, promotes the health and the general welfare, provides adequate light and air, prevents
the over-crowding of land, avoids undue concentration of population, and facilitates the
adequate provision of transportation, water, sewerage, schools, parks and other public
requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is
a necessity and need for the changes in zoning and has also found and determined that there
has been a change in the conditions of the property surrounding and in close proximity to the
tract or tracts of land requested for a change since the tract or tracts of land were originally
classified and therefore feels that the respective changes in zoning classification for the tract or
tracts of land are needed, are called for, and are in the best interest of the public at large, the
citizens of the city of Southlake, Texas, and helps promote the general health, safety and
welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake,
Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is
hereby amended so that the permitted uses in the hereinafter described areas be altered,
changed and amended as shown and described below:
Being Lot 2A, Block 1, Gorbutt Addition, situated in the J. Freeman Survey,
Abstract No. 529, and being approximately 1.463 acres, and more fully and
completely described in Exhibit "A" from "0-1" Office District to "S-P-1" Detailed
Site Plan District with "O-1" Office District uses, as depicted on the approved Site
Plan attached hereto and incorporated herein as Exhibit "B", and subject to the
following specific conditions:
1. approval of the detention area similar to Central Market's area while leaving
open the option, depending on feasibility, of going underground with pipe and
with that would add additional berming and the appropriate number of
additional trees;
2. removing the requirement for the fence requirement along the east side of the
property contingent upon the placement of additional screening to totally
screen that side of the property;
3. granting the driveway spacing variance; and
4. subject to Site Plan Review Summary No. 7, dated January 30, 2008:
a. Show location of Summit Ave across FM1709 and provide any measurement of
any off-set from the driveway of this site. Staff recommends that they be aligned
to the greatest extent possible.
b. Provide a common access easement centered over the main drive lane extending
from E. Southlake Boulevard to the south and west boundaries connecting to the
driveways from the adjacent properties. An amended plat would be the best way
to dedicate these and any other utility or drainage easements needed for
compliance with approved construction plans.
c. Consider future connection to eastern property when placing masonry screening
columns and ensure that location of columns is adequately spaced to provide
distance from drive lane pavement.
d. Provide a revised Landscape Plan that reflects the placement of the eastern
access stub further south, as landscaping is affected by the move.
e. Revise the S-P-1 Regulations regarding parking to specify that all medical uses
shall follow 1 space per 163 square feet.
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City of
Southlake, Texas, to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described
shall be subject to all the applicable regulations contained in said Zoning Ordinance and all
other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections,
subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance
are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed.
SECTION 4.
That the zoning regulations and districts as herein established have been made in
accordance with the comprehensive plan for the purpose of promoting the health, safety, morals
and the general welfare of the community. They have been designed, with respect to both
present conditions and the conditions reasonably anticipated to exist in the foreseeable future;
to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding
of land; to avoid undue concentration of population; and to facilitate the adequate provision of
transportation, water, sewerage, drainage and surface water, parks and other commercial needs
and development of the community. They have been made after a full and complete hearing
with reasonable consideration among other things of the character of the district and its peculiar
suitability for the particular uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the community.
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake,
Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in
those instances where provisions of those ordinances are in direct conflict with the provisions of
this ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that
if the validity of the zoning affecting any portion of the tract or tracts of land described herein
shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance
of said tract or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances
affecting zoning which have accrued at the time of the effective date of this ordinance; and, as
to such accrued violations and all pending litigation, both civil and criminal, whether pending in
court or not, under such ordinances, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance or its caption and penalty together with a notice setting out the time and place for a
public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and
if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of
any of its provisions, then the City Secretary shall additionally publish this ordinance in the
official City newspaper one time within ten (10) days after passage of this ordinance, as required
by Section 3.13 of the Charter of the City of Southlake.
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and publication
as required by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the 15th day of January, 2008.
M YOR
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PASSED AND APPROVED on the 2nd reading the 5th day of February, 2008.
MAYOR
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APPROVED T FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:-
EFFECTIVE:.
a7
EXHIBIT "A"
Being Lot 2A, Block 1, Gorbutt Addition, and being approximately 1.463 acres.
BEING ea description of a 1.4113; acre or 63,727 square foot
tract of land situated in the, Jl hh A. Freeman Survey
Abstract No. 529, in the City of Sou Wake, Tarrant
County, Texas, and being: all' 'of Lot 2A, in Block 1 of
Gorbutt Addition, an addition to the City of Southlake as
shown can the Plat recorded in Volume 388-205 at Page 10 of
the Plot Records of Tarrant County, Texas. Said Lot 2A
being more fully described as follows,
BEGINNING at ra 112-inch steel rod found for corner on the
existing south right-of-way line of Southlake Boulevard
(a called 130 foot pride right-of-way also known as Keller-
Grapevine Road and FM 1709), said steel rod being the
north common corner between said Lot 2A and Lot 1R In
Stock I of Garbutt Addition, an addition to the City of
Southlake as shown on the Plat recorded in Cabinet A at
Slide 9211 of the Plat Records of Tarrant County, Texas;
THENCE North 89 deg. 54 min' 11 sec East, departing said
Lot 1R and along the said south right-of woy line of
Southlake Boulevard, same being the north brae of said
Lot 2A, a distance of 170.00 feet to a 112-inch steel rod
found for corner, and being the north common comer
between sold Lot 2A and Lot 6 in Block 1 of lrliron
Addition, an addition to the City of Southlake as shown on
the Plat recorded in Cabinet A, as Slide 1252 of the Plot
Records of Tarrant County, Texas;
THENCE South DO deg. 02 min. 34 sec. East, departing said
south right-of-way line and along the common line between
said Lot 2A and said Miron Addition, a distance of 375.00
feet to a 112-inch steel rod fund tear, earner,
T14ENCE South 89 deg. 59 .rain. 38 sec. West, along the south
line of said Lot 2A, a distance of 170.00 feet to ra
112-inch steel rod found for corner and being on the east
fine of previously mentioned Lot 1R in Block 1 of Gorbutt
Addition;
THENCE North 00 deg. 02 min. 34 sec, West, along the
common line between said Lent 2A and said Lot 1R, ra
distance of 374.73 feet to the POINT OF BEGINNING;
and containing 1.463 acres or 63,727 square feet of land
more or less.
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Ihbu.>✓'-df, i - w+.w.a er DATES GpEG..14,2007
PROPOSED "S-P-1" DETAILED SITE PLAN DISTRICT REGULATIONS
BLAKE ARCHITECTS
1202 S. White .Chapel Road a Suite ;A
Southlake,. Texas 76092 817-488-9397
January:8; NO
.City of;SouthlAke
Site Nan:ZAW-067
1575 E. Southlake Blvd:.
SouNap, Texas
Proposed Permitted Uses and. Developinent_Regulations for "S-P-1" Zoning
Permitted Uses,
This Property`siWlbe'limited to the permitted uses as found in the "S-P-1" Zoning with.
40-1" Office District uses:as descri bed in,Section 18 of the Comprehensive. Zoning
Ordinance No. 480;
DevelopmentRe ations,
this. property shall be:subject to the, developmentregulations for the, "S P 1'' Zoning .with;
"0- 1". Office. District use as described, n, Section 18 of the Comprehensive. Zoning
Ordinance with the following exceptions:
e The maximum'impervious coverage shall not;exceed:sixty=eight percent,
(68%)
The 'parking ratio shah'be.one space per one-hundred sixty-three s.f :of
building space. (Equals a 10%o:variance'to standard iequirerrients)
A loading space shall not be required.
JAN ~ ZOOg
VARIANCE EXHIBIT
DRIVEWAY SPACING
Required: 500 feet &W ` P" M._.~ - .a
' (A CAi.m U0 F00r X
MIX AYpYFC! WAY AL50 NNONN AS-f.IA 1709)
Provided: 480 feet 1575 E SOUTHLA.KE BLVD.
Y-„ Required: 500 feet - ,
- Provided: 184 feet -
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Case No. Attachment H
ZA07-067 Page 13
VARIANCE LETTER
AKE ARCHITECTS
12025. White Chapel Road Suite.A
Sotithlake,;Texas 76092 817-488=9397
January 8;2008
Cityof Southlake
Si'te?PlanZA0.7-067
1575 E. Southlake',Blvd:
Southlake;,Texas
Owner requests the following variance'c
Driveway Spac ng:..Xminimum of 500-feet is required between driveways along.
soutfilake Blvd.(FM1 1709)., The. Owner is proposing that.the existing drivewayxemain,,
however that driveway is + 184 feet west of and +480 feet eastof other existing
driveways. The. Owner is thus requesting a variance to driveway spacing. (Driveway
Ord. No. 04, Sectim5.-.a)
Case No. Attachment H
ZA07-067 Page 14
INVOICE Oiaft �
e eA-
Star-Telegram Customer ID: CIT57
400 W.7TH STREET Invoice Number: 294006041
FORT WORTH,TX 76102 RECEIVED
(817)390-7761 Invoice Date: 2/8/08
Federal Tax ID 22-3148254 Terms: Net due in 21 days
MAH - v ; 1;-;
Due Date: 2/29/08
Bill To: PO Number: PD W/CC
CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY Order Number: 29400604
1400 MAIN ST
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn Attn: ACCOUNTS PAYABLE Publication Date: 2/8/08
Description Location Col Depth Linage MU Rate Amount
CITY OF SOUTHLAKE ORDINANCE NO I3580 1 108 108 LINE $0.81 $87.48
Sales Discount ($5.00)
Misc Fee $5.00
Net Amount: $87.48
,,. •,
FEe26C -
U��
+'K'•»„ ;: CHRISTY L.HOLLAND
-*i -c :'= MY COMMISSION EXPIRES
r July 31,2008
.';ht;•
THE STATE OF TEXAS
County of Tarrant
Before me,a Notary Public in and for said County and State,this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star-
Telegram,published by the Star-Telegram, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the
attached clipping of an advertisement was published in t .bove named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM
(817)390-7501
Signed ` `i Illf {�`
SUBSCRIBED AND SWORN TO BEFORE ME,THIS Tuesday, F:• - , �i8. zij
Notary Public U416
/ LID -
Thank You For Your Payment
Remit To: Star-Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 294006041
Invoice Amount: $87.48
PO Number: PD W/CC
Amount Enclosed: $
l
CITY OF SOUTH-
LAKE
ORDINANCE
NO. 480-546
AN ORDINANCE
AMENDING ORDI-
NANCE NO. 480, AS
AMENDED, THE
COMPREHENSIVE
ZONING ORDI-
NANCE OF THE CITY
OF SOUTHLAKE,
TEXAS; GRANTING
A ZONING CHANGE
ON A CERTAIN
TRACT OR TRACTS
OF LAND WITHIN
THE CITY OF
SOUTHLAKE, TEX-
AS BEING LEGALLY
DESCRIBED AS LOT
2A, BLOCK 1, GOR-
BUTT ADDITION,
BEING APPROXI-
MATELY 1.463
ACRES, AND MORE
FULLY AND COM-
PLETELY DE-
SCRIBED IN EXHIBIT
"A" FROM "0-1"
OFFICE DISTRICT TO
"S-P-1" DETAILED
SITE PLAN DISTRICT
WITH "0-1" OFFICE
DISTRICT USES, AS
DEPICTED ON THE
APPROVED SITE
PLAN ATTACHED
HERETO AND IN-
CORPORATED
HEREIN AS EXHIBIT
"B", SUBJECT TO
THE SPECIFIC RE-
QUIREMENTS CON-
TAINED IN THIS
ORDINANCE; COR-
RECTING THE OFFI-
CIAL ZONING MAP;
PRESERVING ALL
OTHER PORTIONS
OF THE ZONING
ORDINANCE; DE-
TERMINING THAT
THE PUBLIC INTER-
EST, .MORALS AND
GENERAL WELFARE
DEMAND THE ZON-
ING CHANGES AND
AMENDMENTS
HEREIN MADE;
PROVIDING THAT
THIS ORDINANCE
SHALL BE CUMU-
LATIVE OF • ALL
ORDINANCES; PRO-
VIDING A SEVER-
ABILITY CLAUSE;
PROVIDING' FOR A
PENALTY FOR VIO-
LATIONS HEREOF;
PROVIDING A SAV-
INGS CLAUSE;
PROVIDING FOR
PUBLICATION IN
THE OFFICIAL
NEWSPAPER; AND
PROVIDING AN EF-
FECTIVE DATE.
SECTION 7.
Any person, firm or
corporation who vi-
olates, disobeys,
omits, neglects or
refuses to comply
with or who resists
the enforcement of
any of the provisions
of this ordinance
shall be fined not
more than Two
Thousand Dollars —
($2,000.00) for each
offense. Each day � C kial
that a violation is
permitted to exist
shall constitute a G FEB A 6 /L008
separate offense. UU V
PASSED AND AP-
PROVED THIS THE
5th DAY OF FEB-
• RUARY, 2008, DUR- a-?-�•
INA THE REGULAR ___
CITY COUNCIL I
MEETING.
MAYOR: Andy
Wambsganss
ATTEST: Lori Payne,
City Secretary
INVOICE Draft Only
Star-Telegram Customer ID: CIT57
400 W.7TH STREET Invoice Number: 293330581
FORT WORTH,TX 76102 Invoice Date: 1/19/08
(817)390-7761
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 1/31/08
Bill To: PO Number: pd w/cc
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 29333058
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn Attn: ACCOUNTS PAYABLE Publication Date: 1/19/08
y.r 6*I''I ,1",. Legs `otices Legal Notices o,>�t , Col Depth Linage MU Rate Amount
x CITY TERMINING THAT
OF SOUTHLAKE THE PUBLIC INTER-
CITY OF SOUT Noy ttti eh I:
'elf
ltebyiven f EEfT* MO RA AN S D 1 121 121 LINE $0.81 $98.01
of eke, City gyexas, DEMAND THE ZON-
ING CHANGES AND
Sales Discount willtbepheld on Feb HEREIN AMENDMENTS MADE;
($5.00)
ruary 5,2008,at 5:00 PROVIDING THAT
p.m. or immediately THIS ORDINANCE
following the Work SHALL BE CUMU-
Misc Fee Session, during the . LATIVE OF ALL $5.00
Regular City Council ORDINANCES• PRO-
in ng be held AIDING A SEVER-
in
' rE'�'",.
in the City Council ABILITY CLAUSE; 1 V .�,J
Chambers of Town PROVIDING FOR A
Hall, 1400 Main PENALTY FOR VIO-
Texast, Purpose
CATIONS HEREOF; FEB - 2008
the public hearing is INIDING
GS CLASUSE; Net Amount: $98.01
to consider the sec- PROVIDING FOR
and reading of the PUBLICATION IN
follCIAL ,
owing ORDINANCE NEWSPAPER;
ordinance: THE FiAND BY: ___
NO. 480-546 PROVIDING AN EF •
-
AN ORDINANCE FECTIVE DATE.
AMENDING ORDI- SECTION 7.
NANCE NO. 480, AS Any person, firm or
AMENDED, THE corporation who vi-
COMPREHENSIVE olates, disobeys,
ZONING ORDI- omits, neglects or
NANCE OF THE CITY refuses to comply
OF SOUTHLAKE withenforcementororesists
sts raR�'riY.ft '�q CHRISTY L.HOLLAND
TEXAS; GRANTINGof
A ZONING CHANGE any of the provisions =•• i*-
MY COMMISSION EXPIRES
ON A CERTAIN of this ordinance '
TRACT OR TRACTS shall be fined not ';'•^ � July 31,2008
OF LAND WITHIN more than Two '%f„p; :I`'
THE
TEXT Thousand Dollars
THE STATE OF AS BEING LEGALLY ($2,000.00) for each
DESCRIBED AS LOT thatnsa violation h d is
County of Tarra 2A, BLOCK 1, GOR' permitted to exist
BUTT ADDITION, shall constitute a
BEING APPROXI- separate offense.
Before me,a No MA ESY TEL AND MORE3 Ci i PayneSouthiake his day personally appeared Deborah Baylor,Bid and Legal Coordinator for the Star-
•
Telegram,publi FULLEYLY AND CODS_ I City Secretary in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the
attached clippin. SACRIBED
IN EXHI
OBIT 'as published in th ove named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM
(817)390-7501 OFFICE DISTRICT TO
S-P-1" DETAILED
DSITE PLAN DISTRICT 1/�,�,(J ��
ISTRICITH OT USES,-1" AS Signed �E `‘)/„/
G
DEPICTED ON THE
APPROVED SITE
PLAN ATTACHED.
SUBSCRIBED HERETO AND IN- )RE ME,THIS Wednesday,Ja ary 2008. fl,
CORPORATE D
HEREIN AS EXHIBIT SUBJECT TO _ /
THE SPECIFIC RE- / w'/L
QUIREMENTS CON-
TAINED Notary Public
IN THIS
ORDINANCE COR-
RECTING THE OFFI-
CIAL ZONING MAP;
PRESERVING ALL
OTHER PORTION2
Thank You . OF THE ZONINaa
ORDINANCE; DE- ent
Remit To: Star-Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 293330581
Invoice Amount: $98.01
PO Number: pd w/cc
Amount Enclosed: $