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1994-12-06 CC Packet City of Southlake,Texas MEMORANDUM December 2, 1994 TO: Honorable Mayor and Members of City Council FROM: Curtis E. Hawk, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting, December 6, 1994 1. Agenda Item No. 5A. Authorizing the Mayor to execute a contract between the City of Southlake and the C.I.S.D. for Canine Services at C.I.S.D. facilities. C.I.S.D. has requested the City provide the service. The Southlake Department of Public Safety would like to accommodate the request since it is an appropriate use of the canine unit. The City has the authority to enter the premises without a contract, however, the contract provides the City and the District a mechanism to demonstrate to the community our effort to maintain a drug-free school. The contract does not call for a monetary contribution from the District since the service is part of our normal police function. The contract does provide written authorization for unannounced detection searches on school property, which we would not normally conduct in the absence of an agreement. 2. Agenda Item No. 5B. Authorizing the Mayor to execute an engineering contract. with Dunaway and Associates in the design of Randol Mill Road between F.M. 1709 and Kingswood. This agreement is for the design of the project. It is anticipated that the design will be completed by mid-to-late February. FYI, the project design will include reducing the hill at Kingswood. 3. Agenda Items No. 5C through 5F will, if approved by City Council, authorize the staff Ito advertise and receive bids for equipment approved for purchase by City Council in the 1994/95 annual budget. The items are: Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest December 2, 1994 Page 2 • 5C -- Sewer Hydro Cleaning Machine • 5D -- Portable Compressor and Pneumatic Hammer • 5E -- Brush and Tree Chipper • 5F -- Asphalt Crack Sealer 4. Agenda Item No. 7A. 2nd Reading, Ordinance No. 480-153 (ZA 94-118), Rezoning and Concept Plan for Timberlake Community Church. Council approved 7-0 on 1st reading with the elimination of the 50' R.O.W. along the west property line. Applicant has made the following revisions to the plan to accommodate concerns raised at the 1st reading: reduced the number of drives to one entry point with two 24' driving lanes; shifted the buildings and parking to better accommodate the trees. 5. Agenda Item No. 7B. 2nd Reading, Ordinance No. 626, calling a Special Election to be held on January 21, 1995, to ame nd the Home Rule Charter. After much reflection on last night's work session regarding the Charter Review Committee's recommendations, I offer the following observations: As you will note in the attached memo from Sandra LeGrand, City Secretary, language will be added to the redlined copy of the charter to address the issues of transition and length of residency. We have spoken with all of the committee members but one, and they agree that the transition clause strengthens the recommendation; they are in unanimous agreement that it should be part of the changes considered by the voters. Likewise, changing the requirement that a candidate must live in his/her district from 180 days to 90 days causes no concern among committee members. As they indicated during the meeting, 180 days is not a magic number; rather, it was selected because the Committee members felt there needed to be some finite period of time established. (61.' With.your indulgence, I would also like to remind you of the process the Committee followed. I believe it is important to reiterate this information to you because of some of the concerns I heard expressed during discussions of the recommendations. The Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest December 2, 1994 - .,� Page 3 Charter Review Committee met only three times --the first meeting was a brainstorming session, during which the Committee looked through the charter to identify issues for discussion. A number of issues were identified, but not all resulted in a recommendation for change. Some of those issues included: -Why is the City Secretary appointed by the City Council? -Why must an Acting City Manager be named when the City has an ACM? -Should City Council members receive some type of compensation? -Can we put a cap on the amount of money the City borrows? -Can we use citizens as special police to patrol neighborhoods? There were I believe others, but the point I am making is that the Committee literally went through the charter page by page, asking questions and identifying areas to work on. Once topics were identified, each committee member was assigned a topic to research. That first meeting was held on October 18, 1994. During the second meeting, held on October 25, 1994, the Committee discussed each proposal at length. At this point they determined the direction they wanted to go, and agreed to meet on November 9 to finalize changes. The extra time was needed to allow our attorneys to have an opportunity to review their proposed changes. In my October 28 memo to Council, I noted that the committee had made significant progress and that they expected to finalize proposed changes at the November 9 meeting. I had no way of knowing which changes would be forwarded to City Council. In my November 11 memo to City Council, I advised the Council that the final recommendations were ready for Council review and outlined some of the changes. I bring this to your attention because I want to point out that the Committee did its work during a very short time frame. We always knew the Committee was going to be in a bit of a time crunch if the target January election date was to be met. Frankly, unless • Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest (so- December 2, 1994 Page 4 Council members had attended the committee meetings, it would have been difficult to get specific information to you any faster than we did. Finally, I feel compelled to discuss the district issue as I perceived the Committee's discharge of their duty. I want to emphasize that the committee's recommendation was based upon their perception that the community could benefit, and in fact, would be interested in finding a way to ensure that the City Council was comprised of individuals living throughout the City. It was not their intention to divide the City into districts based on population -- that approach is conceptually very different from the approach desired by the committee. They specifically discussed and dismissed outright any move toward single-member districts. They intended that the lines for the districts be drawn in a somewhat arbitrary fashion to ensure that population was not the deciding factor because they never intended that this recommendation be construed as a "one-man, one- vote" system. Thus, they looked for a way to divide the City into three distinct areas for which boundaries would be easily identifiable. As I recall, it was their belief that how the districts are drawn was of less importance than the fact that we "spread out" representation on the City Council. The City attorney was purposely silent last night concerning the method of drawing up districts based on population. Due to the way the agenda was posted we could not talk about it in executive session. The attorney will Tuesday night. FYI, Denny McGrath came to City Hall this afternoon late and purchased a copy of the tape of last night's meeting, saying he was preparing for the next meeting. He also has requested a copy of the minutes from the City Council's action appointing the Charter Review Committee. 6. Agenda Item No. 7C. 2nd Reading, Ordinance No. 627, authorizing the issuance of Certificates of Obligation. The City's financial advisor and bond counsel will be present. (See my note below on item #23.) Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest December 2, 1994 Page 5 7. Agenda Item No. 8A. 1st Reading, Ordinance No. 480-156 (ZA 94-125), Rezoning and Concept Plan for Southlake Church of Christ. This item was previously tabled at the applicant's request so that applicant could modify the plans. The parking has been shifted to encircle the buildings. Note in the Plan Review #3, item #1 requests clarification of their intent for driveways in the northeast corner. The plan is unclear. Staff recommends limiting the site to a total of two drives. P/Z had previously recommended approval 7-0 with conditions as noted in the cover memo from Karen Gandy. 8. Agenda Item 8B. ZA 94-126. Plat Revision, Southlake Church of Christ. There are no issues with the plat revision. P/Z recommended approval 7-0. There are some drainage concerns from the adjacent land owners, however, these will be reviewed and taw addressed at the site development stage. 9. Agenda Item No. 8C. Resolution No. 94-54 (ZA 94-132). Specific Use Permit for a Golf Driving Range, south of Country Walk. The applicant has not submitted a revised plan for the project, but did submit additional information concerning the flight of golf balls. Applicant also noted that the lights would be attached to poles on the north property line and be pointed away from Country Walk, and that the netting would be lowered to 35' in height. Recall that P/Z recommended denial 4-1, which means a super-majority vote is required for approval by City Council. 10. Agenda Items No. 8D (ZA 94-134) and 8E (ZA 94-135) Concept Plan and Preliminary Plat for Napa Valley Estates. The only significant item with this development is the Thoroughfare Plan requirement to connect existing Carroll Road with Carlisle. In the packet you will find a sketch showing alternative layouts to accomplish the alignment. Be aware that the development (Versailles) at the northeast corner of Carroll and I (6,1 Continental has been struggling for over 3 months with how to handle the thoroughfare. According to Greg Last, Director of Community Development, the owners of the property (Kercho/Kochweop) do not want the developer (Don Plunk) to submit a plan Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest December 2, 1994 Page 6 showing the thoroughfare on their property if the developer cannot develop it. Plunk feels he can develop it, but only if he does not have to build the full width thoroughfare street (48' pavement). The attorneys will brief you in executive session on some of the legal constraints related to these issues. The decision made on Napa Valley Development will also decide the thoroughfare alignment for Versailles. P/Z recommended approval 6-0-1 eliminating the thoroughfare requirement for the Napa project. P/Z opinion is that the larger Versailles project can more appropriately accommodate the new Carroll alignment. 11. Agenda Item No. 8F, ZA 94-136, Preliminary Plat for Coventry. There are no significant issues outstanding with this preliminary plat. With this submittal, the applicant has requested to relocate a lot from the southeast corner of the project to an interior cul de sac so that he can enlarge the open space and storm water detention area in the southeast corner of the project. This will allow them to better mitigate any off site downstream drainage impacts. P/Z recommended approval 7-0. 12. Agenda Item No. 8G, ZA 94-137, Site Plan for Southlake Medical Clinic. There are two issues related to this request: the anticipated use of the tract east of this property; fencing on the west property line. Staff prepared an exhibit showing three alternative possible development scenarios for the out-tracts east of this property. The purpose was to evaluate the need for a common access easement in the northeast corner, and to allow access to a potentially commercial use tract. P/Z required the common access easement with their approval of the final plat. Because of this action, P/Z recognizes there will be three parking stalls lost if a future drive is connected; this will result in less than the required number of stalls. The other issue is fencing. Adjacent citizens requested a 6' masonry fence on the south rather than the required 6' wood fence. P/Z felt this was reasonable and required the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest December 2, 1994 Page 7 applicant to show this on their plan. The applicant does not have a problem with the 6' masonry fence. The ordinance requires a 6' wood fence along the west line; P/Z recommends the 5' wrought iron as submitted. P/Z recommended approval 7-0. 13. Agenda Item No. 8H. 1st Reading, Ordinance No. 480-159 (ZA 94-141) Rezoning request from AG to SF-1A, northeast corner of East Dove and Ridgecrest Drive. There are no major issues with regard to this zoning request. The L.U.P. suggests low density which conforms to this zoning. Note in the memo. from Karen Gandy, Zoning Administrator, that the property falls within the 65 Ldn Airport Overlay Zone, thus noise reduction standards must be used in construction. P/Z recommended approval 7-0. 14. Agenda item No. 8I. ZA 94-142, Preliminary Plat for Oakwood Pond, Northwest ICorner of East Dove and Ridgecrest Drive. The zoning for this development is appropriate (item 8H, ZA 94-141 above). However, there are red flags with the plat as submitted which City Council should be aware. The applicant has submitted a 5-lot plat which maximizes use of the property. There are drainage problems. The City has been working with property owners in this area for over 1-1/2 years to design drainage channels and acquire easements to improve drainage conditions. The plat incorrectly shows the easements in the Ridgecrest R.O.W., however, the property owner has agreed to provide the drainage easements as determined- by our engineers. Applicant has applied for a rear yard set back variance from the P/Z. Given the configuration of the lots, and the buildable lot area given the easements, there could be potential problems with the septic systems and run off. P/Z recommended approval 7-0. 15. Agenda Items No. 8J, 8K, 8L are Ordinances which add to our employee retirement Iprogram. • Item 8J, Ordinance No. 628, will authorize on 1st reading, an increase in the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest December 2, 1994 Page 8 employee deposit rate, from 5% to 6%. (The System allows for 5%, 6%, or 7% rates.) As pointed out in the memo from Lou Ann Heath, Finance Director, the City's cost of approximately $40,000 is included in the FY 94-95 annual budget. • Item 8K, Ordinance No. 629, will authorize on 1st reading, the adoption of the TMRS Military Service Credit. It is estimated that this provision will have a negligible effect on the City's contribution rate. • Item 8L, Ordinance No. 630, will authorize on 1st reading, the adoption of the restricted prior service credit. This provision will not affect the City's contribution rate; it is used to satisfy TMRS length of service requirements for individuals who were employed previously with local governments outside of the Isystem. 16. Agenda Items 9A, Resolution 94-64, and 9B, Resolution 94-51, are for appointments to the Board of Adjustment and Southlake Parks Development Corporation respectively, to fill unexpired terms. 17. Agenda Item No. 10A. Change Order #1 on Park Drainage Project. You will recall that this item was on the agenda for the November 15, 1994 Council meeting. This change order resulted from changing the depth of the drainage channel from four feet to three feet, which was our original agreement with Ralph Evans. During the discussion of this item, Councilmember Farrier asked if the change order included a cost reduction for the excavation. As noted in the memo from Kim McAdams, Park Project Manager, there was a discrepancy in the plans for the drainage channel and the contractor estimated the cost of excavation based on a three foot channel. Therefore, there will be no reduction in excavation costs due to this change order. The cost of the change order is for the additional pipe needed to make the outfall on the City's section of the channel. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest December 2, 1994 Page 9 18. Agenda Item No. 10B. Variance Request to Driveway Limitation Requirement, SouthRidge Lakes Phase VII, 1114 Travis Court. This request is somewhat unusual and the background convoluted. I will not try to summarize the memo from Bob Whitehead and Greg Last, however, I will add that there are unusual legal implications which the attorney will discuss in executive session. 19. Agenda Item No. 10C. Developer Agreement for Monticello Estates (Phase I). The memo from Bob Whitehead, Director of Public Works, outlines the unique conditions to the agreement. Note particularly that there are no park dedication fees, since this requirement has been previously met. 20. Agenda Item No. 11A. Discussion of Perimeter Street Fee Ordinance. As we mentioned last meeting, staff is working on updating our ordinance. There are several items which require City Council direction before we proceed. These are included in the memo from Bob Whitehead, Director of Public Works. Also attached is a comparison of fees charged by neighboring cities. OTHER ITEMS OF INTEREST 21. Major Accident at S.H. 114 and Dove Road. Attached is a memo from Director Campbell concerning the accident. It was initially reported that the driver of the van was not a Southlake resident. She is, as noted in the memo. FYI, there have been 133 citations issued to 18-wheel vehicles in Southlake during the last 12 months, all roads included. There have been 8 reported accidents involving 18- wheelers on S.H. 114 in the last 12 months. 22. Sign Ordinance Revisions. P/Z held a work session on 11/30/94, during which many aspects of the sign ordinance were discussed. It is P/Z's intent to further discuss the revisions at their meeting on 12/8/94. Depending on their progress at that meeting, it Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest December 2, 1994 Page 10 is anticipated they will look at a final draft at their 1/5/95 meeting, and forward to Council by 1/17/94. If you have any questions about the recommendations or would like to be sent draft updates, contact Greg Last and he will see that these are forwarded to you as they progress. 23. The Bond Trip to New York was very successful, due in no small part to the excellent preparation by Lou Ann Heath, Finance Director, and presentations made by Lou Ann, Mayor Fickes, and Councilmembers Apple and Franks. Presentations were made to Moody's, Standard & Poor's, and AMBAC, a bond insurer. All were impressed with our financial position and we received some very favorable comments while in N.Y. We learned late this afternoon that S&P upgraded our rating from "A-" to "A." 111410.- Alexander Fraser, the Associate Director of S&P's Municipal Finance Department, called and was very complimentary of the City's financial management commenting that the City's discretionary controls are all focused in the right direction. He pointed out that our rating was last upgraded in 1992, and that to upgrade again in such a short time is very exceptional. Moody's affirmed our A rating with them. Kudos are in order to the City Council for its policy direction, and to Lou Ann Heath, Finance Director, for her exemplary achievements. 24. Director Salaries. The Directors are not in the Pay and Classification Plan. Their salaries are set by the City Manager, based upon being competitive with area cities. Classified employees receive pay increases at various times based upon their tenure in their job. The Directors last received a pay increase this time last year. I will review their adjustments with you Tuesday night, along with comparisons of other cities. It is Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest December 2, 1994 Page 11 my belief that our Directors put in more hours with better results than their peers anywhere in the area. Thank you for allowing me to attract and retain such quality professional staff. 25. Purchase of West Beach Property. As you are probably aware, we closed on approximately 80 acres of land in the West Beach Addition (70% of the platted lots) on Wednesday, November 23. We are studying steps for acquisition of the remaining lots in the West Beach Addition but anticipate no quick solutions. As part of the contract, Mr. Littlejohn and Mr. Farina are required to clean the debris, tires, and junked vehicles from the lots. They are making good progress and expect to be finished within the next few days. We escrowed $10,000 for this effort. A press release was sent out yesterday to all area newspapers, the Parks and Recreation Board, SPDC, and SPIN representatives. (Copy attached.) 26. Park Construction / SPDC Projects Update Bicentennial Park - Excavation has begun and is approximately 25% complete. The contractors have obtained permission from Ralph Evans to use his leased property on FM 1709 adjacent to the park, for equipment storage. Change Order #1 is on the agenda as Item 10(A). Carroll Middle School Gymnasium - The pre-construction meeting was held on November 28 and the contract has been signed by the CISD Board. A minor delay occurred when it was discovered that Tri-County had underground lines in the middle of the construction site. Three foundation piers had to be relocated to avoid the underground utilities. Pier drilling should begin over the Christmas holidays. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest December 2, 1994 Page 12 27. Public Works Update. The following is the latest status of work on street projects. Peytonville - GTE is finished and the County has begun work. Completion is tentatively scheduled for early January. Carroll - GTE has completed their line work. All poles have been removed and Sunmount has been notified to begin work soon. Kimball extension - Drainage and grading work has begun. Dove Road - Under design; work should begin by February 1995. White Chapel- Authorized to bid. Construction should begin by February 1995. Sununerplace Lane - Completed. N-4 (Wal-Mart) Sewer Line - Work has been completed on S. Carroll portion of the project. The contractor has completed the bores under SH 114 and FM 1709. Continuing construction of the lines. Kimball Traffic Signals - Contract has been awarded. Conduit is being installed. FYI, we have been notified by TxDOT that oversized street name signs will be installed at the signal intersections the first week of December. 28. The Special City Council Meeting scheduled for Tuesday, December 13 will be from 4:00 to 7:00 p.m. The last hour of this meeting will a joint session of the Council, Parks and Recreation Board, and Planning and Zoning Commission to discuss the Trails Master Plan. Initial routing plans, standards, costs and phasing will be reviewed. 29. A Citizen Satisfaction Survey is being developed by the consultants from the University of North Texas with input from SPIN and City staff. The survey is scheduled to begin the week of January 9, 1995. Six hundred (600) residents, chosen completely at random by a Random Digital Dialing process, will be surveyed by the UNT researchers. The survey team will be the only individuals to see respondents' answers to the questions -- data will be reported to the City in aggregate form only. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest December 2, 1994 Page 13 This survey, conducted using standard scientific survey methodology, will allow the City to make valid assumptions regarding citizens' image of the City and satisfaction levels about City services. These assumptions can then be used to help develop a strategic plan for the City's future. If you have any further questions about the survey, please call Shana Yelverton, Assistant City Manager. 30. FYI, the SPIN Standing Committee Meeting scheduled for Tuesday, December 27, has been cancelled by decision of the Standing Committee. They will meet next on Thursday, January 26, 1995 at 7:00 p.m. 31. REMINDER: The Mayor's Council Banquet is scheduled for Monday, December 5, at 6:30 p.m. at the Worthington Hotel. 32. Christmas Holiday Schedule for City Hall. City Hall will be closed on Friday, December 23, and Monday, December 26, 1994 for Christmas Eve and Christmas Day respectively. We will also be closed on Monday, January 2, 1995 for New Year's Day. 33. Holiday Celebration at Bicentennial Park. A tree lighting is scheduled for Sunday, December 4, at 5:30 p.m. A "Snack with Santa" celebration is scheduled for Saturday, December 17, from 1:00 to 5:00 p.m. See the Southlake Holiday Celebration flyer in the inside pocket of your binder for more information. 34. FYI, City Population Projections at build out. I apologize for the confusion concerning our official population projections which arose during the special meeting last night. Attached hereto is a copy of the population calculations based upon our 1993 L.U.P. The projections are determined by land use category, the amount of acreage in each category, housing density for each category, and population density per household. The Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest December 2, 1994 Page 14 attachment has been broken out by the districts proposed by the Charter Review Committee. The build-out population total is 46,376. Prior to the 1993 update of the L.U.P., the population projection was approximately 48,000. The projections will change from year-to-year as the land use components change. The only other number you may see concerning our population is in the long- range water and sewer estimates, which are based upon line capacity maximums. The NCTCOG bases its estimated population on different criteria. It is difficult to anticipate at what point "build out" will occur. The land use projections that are finite (year projections) are perhaps a better barometer. If you have any question about these projections, please let me or Greg Last know. Low 35. Councilmember Evans' father passed away today. Ralph called this morning from Arkansas to let us know that the funeral will be held tomorrow at Lattimore Funeral Home, Nashville, Arkansas. Flowers have been sent from the Mayor, City Council and Staff. 36. NOTE: Thicker packet, however, earlier exit from office -- 8:45 p.m. C /kb City of Southlake,Texas • MEMORANDUM December 1, 1994 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director, Department of Public Safety SUBJECT: Interlocal Agreement for Canine Services Attached is an Interlocal Agreement for Canine Services from the City of Southlake to Carroll Independent School District. The agreement provides the services of the canine officer whereas the Carroll Independent School District desires to be pro-active in education of the students and prevention of any illicit activities on their campus and desires the opportunity for,the use of the police canine in this process. The canine would be utilized for the detection of illegal drugs and drug paraphernalia, searching for lost children and adults, and any other services that the City or District may desire. The agreement also provides that the Police Services Division of the Department of Public Safety may cause the canine to be utilized at the school announced or unannounced to the District supervisors. We will not be restricted to any buildings, areas or vehicles located on District property. School Superintendent Bill Branum and I have talked about this agreement for several months. I have sent him a copy for his comments with the understanding that without any other input this agreement will go on the December 6th Council agenda. Superintendent Branum has also sent a copy of the agreement to each trustee on the School Board. I believe that Superintendent Branum and I have a very good understanding as to how we want this animal utilized on school property and that it will meet all of the education and deterrent objectives desired by the community. City Attorney Analeslie Muncy authored the contract and I am requesting that we enter into this agreement. I am available for any questions or comments that you might have. 154 BC/mr Attachment wplMemolCanine.Agm STATE OF TEXAS § COUNTY OF TARRANT § INTERLOCAL AGREEMENT FOR CANINE SERVICES THIS AGREEMENT is between the Carroll Independent School District,a political subdivision of the State of Texas ("District") and the City of Southlake, Texas, a home rule municipal corporation, located in Tarrant County,Texas ("City"). WHEREAS, Chapter 791, Government Code, Vemon's Texas Codes Annotated, authorizes school districts and cities to contract with one another for the providing of various governmental functions and services, including those in the area of police protection; and WHEREAS, the City maintains a canine unit in its police department for the purpose of increased detection of narcotics and drug paraphernalia, the apprehension of escaped suspects, and the location of lost persons; and WHEREAS,the District desires and needs the assistance of the City's canine unit in the schools for the purposes of detecting the existence of illegal drugs and drug paraphernalia,searching for lost children and adults,and other services which by their nature or at the desire of the City and the District may call for the use of the canine unit; NOW, THEREFORE, the City and the District agree as follows: SECTION 1. SERVICES PROVIDED BY THE CITY The City will provide the services of the police canine unit to the District upon request for assistance from the proper District official,made to the City's Director of Police Services or the Director's designee. The services provided will be: (1) in accordance with the City Public Safety Department's General Order concerning the operation of the canine unit; and (2) subject to availability of the unit based on the City's needs at the time. SECTION 2. AGREEMENT TO UNANNOUNCED DETECTION SEARCHES In consideration of the assistance provided to the District by the City, the District and the City agree that the City Department of Public Safety may use the canine unit to engage in both announced and unannounced canine activities within and around the District's buildings,open areas,and vehicles located upon District property to effectively and efficiently achieve the objectives of the City and the District regarding the use of the canine unit. SECTION 3. RESPONSIBILITY FOR ACTIONS Each party agrees to accept full responsibility for the acts or omissions of its respective officers, employees,and agents. It is the intent of the parties that each will be responsible to the extent permitted by law, but this provision is not intended to waive any element of sovereign immunity, or to remove any protection afforded units of government pursuant to Texas law. CISDCANEAGT -1- . SECTION 4. VENUE This Agreement and any of its terms and provisions,as well as the rights and duties of the parties shall be governed by the laws of the State of Texas. In the resolution of an dispute arising out of the terms of this Agreement,venue shall be in Tarrant County,Texas. EXECUTED this the day of , 1994. CARROLL INDEPENDENT SCHOOL DISTRICT By: President SUBSCRIBED AND SWORN TO BEFORE ME on this the day of , 1994. Notary Public in and for the My Commission Expires: State of Texas Type or Print Notary's Name Li APPROVED AS TO FORM AND LEGALITY: Attorney for Carroll Independent School District CITY OF SOUTHLAIE By: Gary Fickes, Mayor ATTEST: Sandy LeGrand, City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney CISDCANEAGT -2- City of South lake,Texas MEMORANDUM November 30, 1994 TO: Curtis E. Hawk, City Manager FROM: Ron Harper, City Engineer SUBJECT: Contract Award for Engineering Services Dunaway Associates, Inc. We request that a contract for engineering services be awarded to Dunaway Associates for the design of the rehabilitation of Randol Mill Road. The proposed project will include repair, resurfacing, drainage improvements and reconstruction of the Kingswood intersection. It has been the intent that this will be a County participation project similar to Continental and Peytonville. The proposed fee is $23,395 for all engineering and surveying services. This breaks down as $13,570 for engineering and $9,825 for surveying. These fees were based upon actual estimates of effort required to perform all the tasks needed to complete the engineering and design of this project. The estimated cost of the project, if we were to go out for bid, would be $278,125. Based upon this amount the engineering AND surveying costs would be 8.4%. This figure is well within the range of past engineering projects and below the "standard" fees based upon percent of construction. The budgeted amount for the County to perform the work is $103,100. Along with funds available from Meyers Meadows pro-rata there appears to be sufficient funds to complete this project, if done by the County. We recommend that Dunaway Associates be awarded this contract and that this item be placed on the City Council agenda for the December 6, 1994 meeting. RJH/rjh ' • STATE OF TEXAS § §- KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § That the City of Southlake, a municipal corporation situated in Tarrant County, Texas, acting herein by and through Gary Fickes, its duly elected Mayor, hereinafter called "City", and Dunaway Associates, Inc., acting herein by and through James E. DeOtte, P.E., its duly authorized Vice President, hereinafter called "Engineer", hereby make and enter into the following agreement: ARTICLE I. SERVICES Section 1. For an in consideration of the covenants herein contained, Engineer hereby covenants and agrees as an independent contractor, to perform the services hereinafter described with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas. The services to be performed by Engineer hereunder shall include rehabilitative design of paving, street lighting, pavement marking, culverts and all other necessary design and engineering work for improvements in connection with the following projects and locations: RANDOL MILL AVENUE FROM SOUTHLAKE BOULEVARD TO FAWKES LANE Section 2. The services to be performed by Engineer shall also include the following (also see Attachment #1): 1) When requested by the City, the Engineer shall attend preliminary conferences with authorized representatives of the City regarding the project and such other conferences as may be necessary in the opinion of the City so that the plans and specifications which are to be developed hereunder by the Engineer will result in providing facilities which are economical in design and conform to instruction from the City. 2) The Engineer shall attend such conferences with officials of other agencies as may be necessary in the opinion of the City for coordination of the proposed street and storm drain improvements with the requirements of such other agencies. It shall be the Engineer's duty hereunder to secure necessary information from such agencies. 3) The Engineer shall advise the City with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The Engineer shall also advise the City concerning the results of same. Such surveys, tests, and investigations shall be made only upon authorization by the City. 4) The Engineer shall furnish five (5) copies of the Phase 1 Concept Phase written letter report on the project in sufficient detail to indicate clearly the problems involved and the alternate solutions available to the City, to include layouts, preliminary right-of-way needs, cost estimates for each alternate proposed, and the Engineer's recommendations. C 9411200\9411200.CTR - 1 S6 _a (ow' 5) During the Concept Phase the Engineer shall coordinate with all utilities as to any proposed utility lines or adjustment to existing utility lines within the project limits. The information obtained shall be addressed in the concept report (effect on method of reconstruction). The Engineer shall show the location of the proposed utility lines, existing utility lines and any adjustments and/or relocation of the existing lines within the project limits. The Engineer shall show on the preliminary and final plans the location of the proposed utility lines, existing utility lines and any adjustments and/or relocation of the existing lines. 6) The Engineer shall provide necessary field surveys and furnish a copy of survey book notes to the City. 7) Engineer shall provide detailed design data, cross-sections,profiles,estimates of cost and complete detailed plans and specifications. Design guidance shall be obtained from NCTCOG, TxDOT, and AASHTO. 8) The Engineer shall submit five (5) copies of Phase 2 plans in preliminary form as may be necessary in the opinion of the City for review by the City and for submission to utility companies and other agencies for the purposes of coordinating work with existing and proposed utilities. The Phase 2 plans shall indicate location of existing/proposed utilities. 9) The Engineer shall furnish six (6) copies of detailed Phase 3 Final Drawings and six (6) copies of Specifications for Construction as authorized by the City for use in obtaining bids, awarding contracts, constructing and completing the proposed improvements. The Engineer shall furnish and indicate on the plans the location of existing and proposed utilities. 10) The Engineer shall furnish two (2) copies of detailed cost estimates and proposals for authorized construction, which shall include summaries of bid items and quantities. 11) The Engineer shall secure the approval of the City of the final plans and specifications. Evidence of such approval shall be the signatures of authorized City officials inscribed on the plans. All Contract Documents shall comply in all respects with all applicable local, state, and federal laws and with all applicable rules and regulations promulgated by all local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of the Engineer, its officers, agents, employees and subcontractors for the accuracy and competency of the services performed hereunder, including but not limited to designs, working drawings and specifications or other engineering documents. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any error, omission, defect or negligence in the performance of such services, it being the intent of the parties that approval by the City signifies the City's approval of only the general design concept of the improvements to be constructed. The Engineer shall indemnify and hold harmless and defend the City, its officers, agents and/or employees from any loss, damages, liability or expense on account of damage to property and/or injuries (including death) to any person or persons, including officers, employees or agents of the Engineer, which are proximately caused by any negligent act, error, omission, defect, or deficiency in the performance of the Engineer's professional services or in the preparation of designs, working drawings, specifications or other engineering documents incorporated into any improvements constructed in accordance 9411200\9411200.CTR - 2 - �� (0.1 herewith. The Engineer shall defend at its own expense any suite or other proceedings brought against the City or its officers, agents or employees on account thereof and shall pay all expenses and satisfy all judgements which may be incurred by or rendered against the City or its officers, agents or employees in connection herewith; providing and except, however, that this indemnity provision shall not be construed as requiring the Engineer to indemnify or hold harmless the City, its officers, agents, or employees from loss,damages, liability or expense on account of defects or deficiencies in design criteria and information furnished to the Engineer by the City and which the Engineer could not discover by the exercise of reasonable diligence, or deviations by the contractor in construction from Engineer's designs, working drawings, specifications or other engineering documents, except such deviations as might occur with the approval of the Engineer or during the performance of work over which the Engineer has supervision. 12) The Engineer shall assist in the tabulation and review of all bids received for the construction of the improvements, and shall make recommendations to the City concerning these bids. At any time during the construction of this project, the Engineer shall advise on special aspects of the project at the request of the City. The Engineer will review and approve shop drawings as necessary. 13) The original drawings of all plans shall be drawn in ink on reproducible cloth or approved plastic film sheets, or as otherwise approved by the Transportation and Public Works Director, and shall become the property of the City. City may use such drawings in any manner it desires; provided, however that the Engineer shall not be liable for the use of such drawings for any project other than the project described herein. 14 The Engineer shall determine the rights-of-way and easement needs necessary for the construction of the project and furnish same to the City. The Engineer shall provide the necessary land survey, Deed and Abstract Records search, rights-of-way maps, and descriptions of properties to be acquired upon authorization from the City. These items shall be considered an extra and are not included in this contract. ARTICLE II. COMPENSATION For all engineering services performed hereunder, including local travel, supplies and incidentals the City agrees to pay the Engineer a fee in an amount equal to 2.5 times the salary cost of its employees engaged on the project. Salary cost shall be equal to the cost of salaries of employees' time directly chargeable to the project, plus 32 percent for social security contributions,unemployment, excise and payroll taxes, unemployment compensation insurance, retirement benefits, medical and insurance benefits, sick leave, vacation, and holiday pay applicable thereto. The following hourly salary rates shall apply to this contract: Maximum Position Salary Cost Principal $47.85/Hour Project Manager $34.90/Hour Senior Engineer $27.00/Hour Senior Technician $22.25/Hour Technician $19.25/Hour Senior Draftsman $17.75/Hour Draftsman $12.00/Hour Administration/Clerical 0 $15.00/Hour 9411200\9411200.CTR - 3 -�� .• The City shall pay the Engineer for all subcontract work authorized by the City at the actual invoice cost. The City shall pay the Engineer for reproduction work at the current commercial rates. In no event shall the payment by the City for all work and services performed hereunder exceed the total sum of$23,395.00 for engineering, surveying, and geotechnical engineering as outlined in this contract. Method of Payment: Partial payment shall be made monthly upon receipt of an invoice from the Engineer outlining the amount of hours worked by each employee, the employee's name and classification, and the employee's salary rate along with itemized charges for any subcontract, reproduction and survey work performed during the period covered by said invoice. The aggregate of such monthly partial payments shall not exceed the following: Until satisfactory completion of Phase 1 hereunder, a sum not to exceed 35% of the maximum fee. Until satisfactory completion of Phase 2 hereunder, a sum not to exceed 65% of the maximum fee, less previous payments. Until satisfactory completion of Phase 3 hereunder, a sum not to exceed 80% of the maximum fee, less previous payments. Until satisfactory completion of Phase 4 hereunder, a sum not to exceed 90% of the maximum fee, less previous payments. Balance of earnings to be due and payable upon satisfactory completion of Phase 5. ARTICLE III. PHASES AND SCHEDULES Engineering work on this project shall be completed according to the following schedule: Phase 1: Concept designs, alternatives, studies and reports in sufficient detail to indicate generally the problems involved and the alternate solutions available including layouts, general right-of-way needs, cost estimates and the Engineer's • recommendations shall be submitted within 30 calendar days after "Notice to Proceed". The report shall be in a letter format. Phase 2: Preliminary construction plans and detailed right-of-way requirements shall be submitted for review by the City and utility companies and other agencies within 28 calendar days after approval of this concept study and report. Phase 4: Advertising/Bidding Phase shall take approximately 45 days. Phase 5: Construction/As Built Phase shall run for the duration of construction(estimated to be 90 days). Upon completion, the Engineer shall provide one (1) set of As- Built Drawing with .DWG files. 9411200\9411200.CTR - 4 - 5,6 j� ARTICLE IV. COORDINATION WITH OWNER The City shall make available to the Engineer for use in performing services hereunder all existing plans, maps, field notes, statistics, computations and other data in the City's possession relative to existing facilities and to the project. ARTICLE V. PROGRESS REPORT The Engineer shall submit monthly progress reports to the Director of Public Works. If the Engineer determines in the course of making design drawings and specifications that the cost estimate of $280,000.00 will be exceeded, whether by change in the scope of the project, increased costs or other conditions, the Engineer shall immediately report such fact to the City's Public Works Director and, if so instructed by the Public Works Director, shall suspend all work hereunder. ARTICLE VI. TRANSFER OF CONTRACT The Engineer shall not assign, sublet or transfer, in whole or in part, its interest in this agreement with the prior written consent of the City. ARTICLE VII. TERMINATION OF CONTRACT Section 1. The city may terminate this contract at any time and for any cause by a notice in writing to the Engineer. Upon receipt of such notice the Engineer shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for supplies, assistance, facilities, and materials, in connection with the performance of this contract and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this contract. • Section 2. If the City terminates this contract under the foregoing Section 1., the City shall pay the Engineer a reasonable amount for services performed prior to such termination, which payment shall be based upon the payroll cost of employees engaged on the work by the Engineer up to the date of termination of the contact and for subcontract, reproduction, and survey work in accordance with the method of compensation stated in ARTICLE II. hereof. Section 3. All completed or partially completed reports prepared under this contract, including the original drawings, shall become the property of the City when the contract is terminated, and may be used by City in any manner it desires; provided, however, that the Engineer shall not be liable for the use of such drawings for any project other than the project described in this contract. ARTICLE VIII. INDEPENDENT CONTRACTOR Engineer covenants and agrees that it will perform the work hereunder as an independent contractors,and not as an officer, agent, servant, or employee of the City; that the Engineer shall have exclusive control of and the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be liable for the acts and omissions of its officers, agents, employees, contractors, subcontractors, and consultants; that the doctrine of respondent superior shall not apply as between the City and the Engineer, its officers, agents, employees, contractors, subcontractors, and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Engineer. C 9411200\9411200.CTR - 5 - 76 Cof ARTICLE IX. DISCLOSURE By signature of this contract, the Engineer warrants to the City of Southlake that he has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interests, direct or indirect, in property abutting the proposed project and business relationships with abutting property owners. The Engineer further warrants that he will make disclosure in writing of any conflicts of interest which develop subsequent to the signing of this contract and prior to final payment under the contract. ARTICLE X. INSURANCE The Engineer shall not commence work under this contract until it has obtained Professional Liability Insurance as required hereunder and such insurance coverage has been approved by the City. Such insurance shall be in the minimum amount of$250,000.00 and shall include coverage of Contractually Assumed Liability. The insurance coverage prescribed herein shall be maintained throughout the period which Engineer furnishes its services hereunder and shall not be canceled, modified or altered in any manner without prior written notice to the City. In this connection, upon the signing and return of this contract by the Engineer, a Certificate of Insurance shall be furnished to the City as evidence that the insurance coverage required herein has been obtained by Engineer, and such certificate shall contain the provision that such insurance shall not be canceled, modified or altered with thirty(30)days prior written notice to the City. ARTICLE XI. RIGHT TO AUDIT (a) The Engineer agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers and records of the Engineer involving transactions relating to this contract. The Engineer agrees that the City shall have access during normal working hours to all necessary Engineer facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give the Engineer reasonable advance notice of intended audits. (b) The Engineer further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such consultant, involving transactions to the subcontract, and, further, that City shall have access during normal working hours to all consultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. The City shall give the consultant reasonable advance notice of intended audits. ARTICLE XII. VENUE Venue of any suit or cause of action under this contract shall lie in Tarrant County, Texas. 9411200\94 l I200.CTR - 6 - • (poi IN WITNESS WHEREOF, the parties hereby have executed this agreement in triplicate originals on this date, the day of , 19 . CITY OF SOUTHLAKE DUNAWAY ASSOCIATES, INC. (ENGINEER) By: By: j 5Gary Fickes, Mayor ie mes E. DeOtte, P.E., R.P.L.S., ice President Address: 1501 Merrimac Circle, Suite 100 Fort Worth, Texas 76107-6572 ATTEST: ATTEST: City Secretary Secretary C 9411200\9411200.CTR - 7 - !,7 (11r, Summary Sub-Total I Concept $ 900.00 II Preliminary Design 6,420.00 III Final Design 3,920.00 IV Advertise 940.00 V Construction 1,390.00 Sub-Total Engineering $13,570.00 Geotechnical 0.00 Surveying (see Subtotal I) 9,825.00 TOTAL $23,395.00 (6,„ 9411200\CTR.ATT 6 6 ! PROPOSED PLANS ($0, PPOATTACHMENT 1 SURTING DOCUMENTATION Sheets 1. Cover Sheet 2. Project layout/R.O.W. parcels/Horizontal & Vertical Control 3-9. Plan/Profile 7 sheets 10-12. Detail Sheets Culverts/Utility Adjustments(relocations)/Pavement Cross Section 13. Traffic Routing Plan/Detour Plan 14. Pavement Marking/Signage C C 9411200\CTR.ATT �d -/0 City of Southlake,Texas MEMORANDUM December 1, 1994 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Permission to Advertise for Bid for a Sewer Hydro Cleaning Machine City Council is requested to authorize the City Manager to advertise and receive bids for one (1) trailer mounted hydraulic sewer cleaning machine. The machine was approved in the fiscal year 1994/95 Operating Budget for the Wastewater Utilities Division at an estimated cost of $35,000. The City currently has 40 miles of sanitary sewer in service, with additional footage added monthly. The sewer cleaning machine will allow the City to do preventive maintenance by periodically cleaning and being able to respond to calls for service. Presently, we must call a service company from Dallas or Fort Worth. The response time of the company is a minimum of two hours. Attached are the proposed specifications and a photocopy of a typical machine. Please place this on the December 6, 1994 agenda for Council consideration. BW/sm Attachments: Specifications Photocopy of machine wpfiles\memos\sewer.hyd SPECIFICATIONS Description: TRAILER MOUNTED SEWER JET RODDER Requirements: Minimum Compliance with or variation from the specifications must be noted for each item on the specification sheet. All variations from specification must be noted on the bid form. ENGINE • • 1. The engine shall be a diesel powered water cooled, with a minimum of 236 cubic inches, 4 cylinder with an industrial type governor, air cleaner and muffler. 2. The required engine accessories shall be: -12 volt ignition system with an alternator and battery. -positive locking vernier type throttle -starter with a key lock starting switch -replaceable cartridge type oil filter -positive crankcase ventilation system -amp meter, oil pressure gauge, water temperature gauge kiry 3. The engine shall be equipped with an over center type clutch power take-off to ass; permit operating the engine and hose real without operating the reciprocating pump. 4. The power band belt, from the engine sheave to the pump sheave, shall be adjustable by engine movement, and be enclosed with a guard. 5. The engine fuel tank shall have a minimum capacity of 12 gallons. WATER PUMP 6. The pump shall be a positive displacement heavy duty, single acting triplex type, having a capacity of at least 30 GPM at 2000 PSI. 7. Pump construction shall include an inclosed oil bath crankcase, ductile iron crossheads with non-floating hardened steel piston pins, bronze piston pin bushings, replaceable steel backed babbitt connecting link bearings, hardened forged steel crankshaft, hardened helical gears, heavy duty tapered type roller bearings on the crankshaft and piston shaft. 8. The high pressure pump and hose will be protected from freezing with an air purge valve. The purging system will be so designed that when the control Trailer Mounted Sewer Jet Rodder Page 2. handles are in the on position, all water can be pressured out of the pump and in the off position, the air will remove all the water from the hose. 9. As standard equipment, the unit will have a recirculation valve that allows the operator to run water through the entire system during cold weather operations. WATER TANK 10. The capacity of the tank shall be 700 gallons. 11. The tank will be fiberglass reinforced plastic. The resin will be water resistant isophthalic polyester type. The Fiberglass reinforcement will include both woven material to provide strength and random mat glass for general stability. The resin will be ultraviolet stabilized to prevent brittleness when exposed to sunlight. 12. An integral molded fiberglass reinforced plastic baffle of the same material as the tank must be furnished to minimize water movement and therefore provide safety and protection to the vehicle and operator when the unit is being transported 13. The tank will be vented and have a tank top opening to permit inspection and cleaning of the tank. 14. The water tank shall be positioned directly over the tandem axles for equal weight distribution. 15. An overhead type tank filling assembly providing a positive air gap to preventing back siphonage into the water system. A 2-1/2 inch fire hydrant fitting and a 2-1/2, 1/4 turn ball valve will be installed on the curb side of the unit. 16. A tank top strainer will also be supplied to filter the water supply. 17. The tank will have a quick dumping valve so that the system may be drained by gravity. 18. The tank shall incorporate a flat bottom design providing a settling chamber for heavy mater to prevent foreign materials reaching the pump. I (h.- 5 -3 g v • Trailer Mounted Sewer Jet Rodder Page 3. SAFETY HOSE REEL AND CONTROLS 19. The safety hose reel will be constructed of 1/4 inch steel, designed to withstand maximum working pressure without distortions. 20. The reel shall be a narrow designed self-leveling type. The reel shall have a minimum capacity of 900 ft. of 3/4 inch high pressure sewer hose. 21. The reel flanges shall be 1-1/2 inches and shall be designed to prevent hose damage from contact during all normal working conditions. 22. The reel shall be driven with hydraulic power in both directions, either without the water pump in operation. The hydraulic drive shall have sufficient power to retract the hose when fully extended into the pipe with the cleaning nozzle in operations. 23. The safety reel will rotate a full 180 degrees to provide easy access to manholes and provide protection for the operator and the machine from traffic flow. 24. Combined control panels on each side of the rotating hose reel shall provide immediate access to all operating controls. The clutch will be located near the operators station. 25. Controls mounted on the rotating reel control panel will consist of the following: -vernier type throttle control -starter with key lock starting switch -amp meter -oil pressure gauge -tachometer -water pressure gauge -engine temperature gauge -control panel lights -12 volt plug in reciprocal -low water warning light. 26. The hydraulic controls for the rotating hose reel will consist of a variable speed control and a forward, neutral, reverse directional control which is located,on each side of the rotating reel. I Trailer Mounted Sewer Jet Rodder Page 4. 27. The rotating reel will be locked at the desired position by a spring loaded anchor pin. 28. The hose reel will be equipped with a hose level guide and an emergency crank. HOSE REEL DRIVE SYSTEM • 29. The hydraulic power system for driving the hose reel shall consist of a pump directly driven by an auxiliary engine; hydraulic motor with chain drive to the hose reel, valve with a built-in overload relief and hydraulic hose rated to withstand the maximum system pressure. 30. The hydraulic pump shall have minimum operating capacity of at least 8 GPM and a tank with a strainer which can be cleaned or replaced. HAND GUN FOR CLEAN-UP 31. The clean-up system will include a wash down gun, 25 ft.; of 1/2 inch I.D. hose and be equipped with a quick-disconnect fitting near the operator's to station. The gun shall have a machine grip with trigger shut-off and guard. 32. The high pressure hose shall have a rating of 2,000 PSI working pressure and 8,000 PSI burst pressure. Clean-up system shall not exceed 500 PSI. PIPING 33. All piping systems subjected to high pressure shall be fabricated of extra strong, class 80 pipe with forged steel fittings. 34. Strainer with a 16 mesh screen shall be installed in the suction line at a location accessible for cleaning. 35. All piping shall be installed to drain by gravity through suitable openings equipped with plugs or drain cocks. 36. Pressure to the cleaning nozzle shall be regulated by a relief valve of the spring loaded type, factory pre-set and sealed to prevent tampering. 37. To control water flow from water pump, a single lever control shall regulate direction of water either to hose reel or back to tank. This single lever shall I (kb- 5e -5" Trailer Mounted Sewer Jet Rodder Page 5. control a dual ball valve system with bypass. The recirculation ability of this system allows for use of the unit in sub freezing temperatures. 38. Water delivery to the hose reel shall pass through an adjustable and repairable 90 degree swivel rotary coupling made of cast steel complete with zero fittings and replaceable 0" rings. STEEL SHROUD AND ACCESS DOORS 39. The shroud design of the trailer jet shall allow for ease of maintenance, protection against pilferage and adverse weather elements. The water pump and auxiliary engine will be fully enclosed in the same shrouding compartment. 40. The shroud shall be constructed of 14 gauge steel and shall be designed to protect the operator from high pressure hoses and fittings. 41. Hinged access doors shall be provided on both the curb and street sides of the unit. An access door shall also be provided on the hitch end of the machine. The two side doors shall provide access to the pump and engine to check and service fluid levels. The side door shall measure no less than 40 by 19 inches. The end door shall measure 38 by 20 inches. All hinges on the shrouding will be of full length piano type hinges. 42. The unit will be equipped with panels for complete access to water pump valving and hose reel. TRAILER 43. The frame shall be heavy gauge steel. The unit will be equipped with tandem axles with 6,000 lbs. capacity each. 44. The trailer shall be equipped with heavy duty fenders, 2-5/16 inch ball type hitch, electric brakes with a break away switch and complete ICC light group, reflectors, license plate holder and safety chains. The tires will be 8 ply. 45. The trailer will be equipped with a finder mounted, heavy duty 20 gauge tool box with keyed lock for storage of nozzles and other tools. The box will measure no less than 12 by 32 inches and 11 inches deep. The tool box will be equipped with a interlock rod system which allows removal of tool box from Trailer Mounted Sewer Jet Rodder Page 6. the finder. It will have carrying handles and shall not allow the intrusion of water. 46. There will be a expanded metal tool storage area mounted on the tongue of the unit. PAINTING 47. Before painting all metal shall be cleaned to insure permanent bond of primer and paint. The color will be white. ACCESSORIES 47. Accessories to be included with the machine shall be as follows: -25 foot fill hose -Finned style nozzle extension -15 degree nozzle -30 degree nozzle -hose guide with rope (tiger tail) -mini-root cutter with 6-12 inch blades. -flood light at operators station -operations, maintenance and warranty manuals -amber beacon strobe light on front of unit and a directional board on top of unit. WARRANTY 48. A five (5) year warrant is required on the tank and a two (2) year warranty is required on the pump, engine, and hydraulic pump and system. The City of Southlake reserves the right to accept or reject all or any part of any quote, waive minor technicalities and award the quotation to best serve the interest of the City. • • Trailer Mounted Sewer Jet Rodder Page 7. Bidder's Name: Address: Phone # Bidder Signature: t Se -8 • LyY,. n r ��: ',c,.)..-.;.:,'-','..t.7'..1.7-._::::'''';',14.,-. ,15.:4,7,?7...; I 1 '.:,',...:.-;;.,...,,I.. ij( i at . rf r • • I /'F . •i _ , e' V r . ...,. , •Smitimiiiii r w 3 .� • i . -. i s I') ._,.,..,v.W,. -''• ; 1 • 0 i 'I ' t h 1 W \ , .. . 4y -.t • I • 3 3 X • • - I ?I .1 1 1 •Sys fr ya4 ,.�• ' iiit 1 f t 1 1 yh 'et, . i f �t� 1 k dYF' �_ I • gil ,t�3� -,,, W f� -, • • • . _mac ..• • i H. » x,_t CL . •••• .., ...._ • . ,..... . . • :•,.,p,..!,,,,..t, , ....• ..,,,,..,...,:,..,.: r--- M1 1'; � dFAit J v_ M S I City of Southlake,Texas MEMORANDUM December 2, 1994 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Permission to Advertise for Bid for a Portable Compressor and Pneumatic Hammer City Council is requested to authorize the City Manager to advertise and receive bids for one (1) air compressor and one (1) ninety pound pneumatic hammer. The equipment was approved in the Fiscal Year 1994/95 Operating Budget for the Water Utilities at an estimated cost of $20,000. The air compressor will replace the City's existing unit, which will be used as a "trade-in" or sold. The hammer will be an addition to our equipment. This equipment is to be used by both the Water Utilities and Streets Divisions to cut concrete streets for repairs to the streets and water and sewer mains, and to remove the concrete blocking when repairs to water mains are made. The present compressor is worn out and does not have a large enough capacity. Attached are the proposed specifications and a photocopy of a typical machine. Please place this on the December 6, 1994 agenda for Council consideration. BW/sm Attachments: Specifications Photocopy of machine wpfiles\memos\jack.ham L .5'62/- SPECIFICATIONS Description: Portable Compressor and Pneumatic Hammer Requirements: Minimum Compliance with or variation from the specifications must be noted for each item on the specification sheet. Ali variations from specifications must be noted on the bid form. Check Indicated compliance: 1. Unit will be equipped with a water cooled engine sized to power a 185 CFM air compressor. 2. The air compressor will be capable of producing 185 CFM at a continuous 115 PSI minimum. 3. The unit will be equipped with the following gauges and controls: - fuel level - voltmeter - tachometer - keyed ignition - low fuel level sheet down - discharge air pressure gauge - OSHA safety valves 4. The unit will be furnished with a running gear with 8-ply rated tires and all lights and marking as required by Texas Department of Transportation. 5. Equipment to be furnished with the unit is a 90 lb. rated jack hammer, with a pavement braker and rock point bits. Two-50 feet sections of air hose and fittings. The City of Southlake reserves the right to accept or reject all or any part of any quote, waive minor technicalities and award the quotation to best serve the interest of the City. ��a Portable Compressor and Pneumatic Hammer Page 2. 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H s„M.«ryt .♦Y tiJ J .� . fli •r' Yr t" �, 1 �:- 7,: -•+• 70 .'•3 .=w.!„ix : s L kKr*>7t.:1•, 'c s•sYr,.,-, - ,, 4.:: ...A.'� »:r ,•t rt �'�t :Jr' ..lti a' ' v • •-. '� w r -„2 4 .,a> ir,'.i�, • 'a .f s. z .t .c.. ' t -.+.4- r t i :i 1,f a •- -s<• ..r!'%•• .t"w.'Y�S.. Swe=J;'•.. ..ea�- f�•�q+;i ;�!i•. .te •5�.�{. ,#,,•..v,�f•x# Y'�rt' ..r-r.'� .r.. - City of Southlake,Texas MEMORANDUM December 1, 1994 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Permission to Advertise for Bid for a Brush and Tree Chipper City Council is requested to authorize the City Manager to advertise and receive bids for one (1) Brush/Tree Chipper. The chipper was approved in the fiscal year 1994/95 Operating Budget for the Streets Division at an estimated cost of $17,000. The chipper will be primarily used by the Streets and the Parks Divisions. This is an addition to the equipment fleet for the City. The chipper will allow city forces to chip brush and trees to mulch instead of hauling the brush and trees to a landfill and being charged a dumping fee. Attached are the proposed specifications and a photocopy of a typical machine. Please place this on the December 6, 1994 agenda for Council consideration. BW/sm Attachments: Specifications Copy of machine wpfiles\memos\wood.chp L S�-1 SPECIFICATIONS Description: MODEL 250 BRUSH/WOOD CHIPPER, DISC STYLE OR APPROVED EQUAL. Requirements: Minimum Check indicated compliance: 1. Trailer: 2" X 6", 3/16" wall rectangular metal tubing, with support gussets. 88" wide frame. Designed for stability and vision. 2. Axle: 7,000 lb. load capacity "Torflex Axle" manufactured by Dexter Axle Company. Mounted without hangers and leaf springs because of rubber-tension isolators for independent suspension. Rubber mounting system has a five-year Dexter warranty and eliminates the need for shock absorbers. All hubs are 8-stud pattern. 3. Tires and Fenders: Two (2) 1200 x 16.5" wide profile, load range "D", 8-ply rated tires with heavy-duty, fabricated fenders of 1/4" thick steel. 4. Tongue Jack: Adjustable for height with stationary foot pad, 2000# capacity. 5. Tongue: Adjustable for height with hitch. Made of 1/4" wall x 3" x 6" rectangular steel tubing with (2) 3/8" links x 30" minimum long safety chains and hooks. 6. Hydraulic Tank: (12) gallon capacity, rubber shock mounted with spin-on cartridge filter on return line, filter screen on outlet, baffle, and sight gauge. 7. Fuel Tank: 24-1/2 gallon capacity with sight gauge and rubber shock mounted. 8. Lighting and Electrical System: (12) volt, heavy-duty taillight package with hermetically sealed lights shock mounted hermetically lights shock mounted with 6-prong trailer connector. Wiring protected in conduit or within frame for shielding at all strategic points. Taillights are enclosed in removable steel enclosures guarding against damage to light, lens and wiring. Lights located on infeed chute near rear for maximum visibility. 9. Paint: Dupont Imron - color white- primer coated and finished sprayed with a two-part polyurethane process. Specifications for disc style or approved equal brush/wood chipper ..- Page 2. 10. Hydraulic Feed System and Mounts: To include (2)powered feed wheels, 19" long minimum x 7" diameter minimum. Equipped with special non- wrapping knife edge feed wheel teeth 1" high full length of wheels - (10) teeth on top wheel and (12) teeth on bottom wheel. Both end caps of wheels are toothed to eliminate wrapping around shafts. Feed wheel shafts are 2" diameter with 4-bolt flange roller bearings on each wheel end. Cutter/cleaner bars extend full length of each wheel, are wielded on both ends and along side. Cleaner blocks located at ends of wheels. A guard is positioned above and behind the top feed wheel to reduce kick-up and wrapping. The top feed wheel uses (4) adjustable 14" long coil springs (one on each end) for constant down pressure. Feed wheel bearing mounts and slide mounts are 3/8" thick plate steel. Slide box has (4) 3/4" x 1" 11-1/2 replaceable "Ryertex" plastic wear strips to eliminate wear of steel plates. The feed wheels are powered by a 3000 PSI pump with 7.5 GPM output. Complete feed system operated at minimum of 2500 PSI. Feed wheels located 3-3/4" from chipper disc at closest point to reduce material hangups in feed spout. 11. Chipper Cutting Disc: 40" diameter x 2" thick solid steel with (2) full knife pockets and (4) double edged knives of high carbon, high chrome steel. Entire face of disc and rim is machined to exact tolerances with heavy-duty chipper hood made of 10 gauge thick steel plate. Chipper hood halves connected and padlocked by 1" diameter x 10" solid steel lock pin. Stationary section of chipper hood mounted securely on 1/4" x 1-3/4" x 1-3/4" angle iron with (6) 1/2" diameter hardened bolts and nuts. Cutting wheel center hub is 1" thick x 7-1/2" x 7-1/2" with extensive weldment for support. Knives held securely in place with 1/2" Grade 8 hardness bolts and nuts are recessed into the chipper disc for wear protection. Extensive cleaners are used all around disc to eliminate wrapping and collecting of material, including: around chipper shaft, at end of each pocket, on rim of disc. 12. Infeed Chute: 1850" square opening of formed 10 gauge sheet metal panning supported by 2" pipe welded completely around rim. Chute length is minimum 36" from nip point of feed wheels to end of chute. The infeed sloped 7 degrees down from the feed wheels to the end of the infeed chute. A shut-off bar is located on three sides of infeed chute at opening allowing actuation of feed wheel's forward/off/reverse. The shut- off bar is supported by (2) 1" solid steel threaded pivot pins. The extra 5e-3 Specifications for disc style or approved equal brush/wood chipper ... Page 3. wide profile infeed chute is tapered for easy horizontal feed with minimal drag restriction. 13. Chipper Bearings: (2), 2-7/16" bore 4-bolt flange mount, greasable, and easily replaceable bearings. Front bearing is a double spherical high speed roller bearing rated at: Static - 53,500 lbs. Basic - 32,400 lbs. Radial - 3,540 lbs. and 20,000 life hour service. 14. Feed Rate: 120 F.P.M. with standard 5/8" chip. 15. Chipper Shaft: 4" diameter at hub of solid steel, machine lathed to exact tolerance and taper bored for exact fit into disc. The shaft is held in place by a 3/4" thick x 6" x 6" sq. diameter steel lock ring and (4) 5/8" Grade 8 hardness bolts. 16. Adjustable Feed Plate Anvil: 1/2" thick x 4" wide x 12-1/2" long of solid steel, held in place by three (3) 3/4" coarse thread Grade 8 hardness bolts and uses (2) 1/2" coarse thread adjuster bolts. The feed plate anvil is mounted on a 1/2" x 3" x 12-3/4" steel plate welded solid to 1/2" thick chipper front. There are (2) 3/4" x 2-1/2" x 11" center support gussets holding anvil mount block, top and bottom of block are secured into the throat plates. 17. Discharge Chute: 24" radius x 98" long for proper horizontal discharge made of sheet metal construction and includes a "no-tool", one handle, 12" long adjustable deflector at end. The discharge is mounted to chipper on a 360 degree continuous swivel plate system that clamps in any position by a "no tool", one handle tightener but is securely locked in position for transport by a solid lock pin device. Discharge transition - 9" square to 8" round x 3/16" thick steel weldment to eliminate material plugging. 18. Blower: Six (6) reinforced paddles, 3/8" thick x 3" x 5" x 5-1/4" long. Bolt mounted to cutting wheel for complete discharge. Angular installation of paddles allow maximum elimination of chute plugging. Specifications for disc style or approved equal brush/wood chipper Page 4. 19. Chipper Capacity: Up to and including 12" diameter capacity. Chipper opening is 12" high x 19-1/4" wide, designed to eliminate the tapered "dead spot" in bottom left-hand corner of throat. The throat is rectangular window frame hole straight to disc with no restriction points. 20. Belt Guards: To enclose all power systems. Guards shall have seams welded inside and out. All guards are easily removable by 3/8" NC Grade 8 hardness bolts. 21. Noise Level: 80 decibels at 50' 360 degrees around unit, or less. 22. Overall Dimensions: Approximate - depending on optional equipment: Length: 15'0" Width: 7'4" Height: 8'6" Lir 23. Weight: Approximate - 5400 lbs. Tongue weight - 275 lbs., (depending on engine and options). 24. Throttle: Most engines come equipped as standard with Vernier push button type, supplied by engine manufacturer. 25. Hydraulic Hose: All pressure hoses are single braid industrial grade with wear and spray guard in all applicable areas. All hoses use SAE standard straight pipe thread ends for easy replacement or repair. 26. Hydraulic Motors: "White roller stator 14.6 cu./in. motor at standard 2500 PSI develops 5675 in./lb. of torque. Each motor is attached to feed wheels by a solid steel 3" diameter x 2-3/4" long coupler. The motor has a 1" diameter chromed shaft that is keyed. Set screwed and "Loc-tite" secured to coupler. The coupler is then attached to feed wheel shafts by set screws, "Loc-tite", and a 1/2" Grade 8 hardened clamp bolt. 27. Radiator Screen and Guard: Removable mesh screen. Radiator guard - 2" x 4" rectangular steel tubing. 28. Engine Controls: All engine controls including disc engagement are to be accessible from the right side of the machine as you are facing the infeed (curbside). Specifications for disc style or approved equal brush/wood chipper Page 5. 29. Engine 76-HP Cummins diesel with tachometer and hour meter, engine manufacturer's gauges, and high temp/low oil pressure shut down system. 30. Hydraulic lift for top feed wheel. 31. VHS video tape: A complete operations, maintenance and trouble shooting VHS video tape. 32. Insurance: Manufacturer to provide proof of$5,000,000 Product Liability Insurance Coverage. The City of Southlake reserves the right to accept or reject all or any part of any quote, waive minor technicalities and award the quotation to best serve the interest of the City. Bidders Name Address Phone # Bidder's Signature • • 'tr J�� te- �'24 s • :• , , ___ et :4 ,...... !•,..,,,,,,,,,,,4 0 I. s1 t s t 3 Y y J r S j>T3 { ( • k •��• .7 .y.� •!*,•mil%/.{>k :2y .t .>' .Zt f • .� e. x.ay.: , :+yaR y Kiel,i,� 'psr , xW „ � �f Jf . s ( • eyy22�'�Vc5i £ AI' •a'E ' S' - r 1 ' J,*r•,„x. ,�„"¢v 7y• y t �°'�, ,:.. '-• Tr t-3, 4+ Aa ti%- 2_-E� - - ,�w�'�*"=�3•`s� ` !,Yx ,, ,t}r.t i'A_ , f.- -L - `�':.:!(r"i�►1t ,, f• wT:1 764.,--r • i� p-''.� ilt ri,':1• M R f t t �.I v i -. ,,,....„. tr y .� "'+, •�s 's ti 5E-7 s r City of Southlake,Texas 4hii MEMORANDUM November 30, 1994 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Permission to Advertise for Bid for an Asphalt Crack Sealer City Council is requested to authorize the City Manager to advertise and receive bids for one (1) Asphalt Crack Sealer. The crack sealer was approved in the fiscal year 1994/95 Operating Budget for the Streets Division at an estimated cost of $20,000. The Crack Sealer will allow the Streets Division to perform this work anytime during the year. Presently we rent a unit when and if one is available. Crack sealing is an important preventative maintenance procedure for both concrete and asphalt streets. Attached are the proposed specifications and a photocopy of a typical machine. 4 kirPlease place this on the December 6, 1994 agenda for Council consideration. 64-1---/Ze?;,-cf- BW/sm wp files\memos\asph.sea Attachments: Specifications Photocopy of machine L c•teu.�srixrc�wtr�a�ti«.� F SPECIFICATIONS Description: TRAILER MOUNTED RUBBERIZED ASPHALT MELTER/APPLICATOR (CRACK SEALER) Compliance with or variation from the specifications must be noted for each item on the specification sheet. All variations from specification must be noted on the bid form. General Description: This unit must be double boiler type melter applicator. The model must be a current production model. This unit must be capable of melting and applying all grades of rubberized asphalt, joint sealants, and fiber modified sealants without any equipment modifications. The machine shall be capable of starting at ambient temperature and bringing the sealing material up to application temperature in one (1) hour or less. Applicable Specifications: It is the intent of the specifications to describe all necessary information for a portable trailer mounted cra sealer. All mounted ounted Icrack sealerent not eshalll cally be mentioned, which is necessary to provide a portable included. All equipment is to be new and commercial grade in current production. Check indicated compliance: • 4111.- General Requirements 1. Bidder must have and maintain a complete inventory of repair parts for this model. 2. A factory representative shall be made available for initial start up and training in the operation of the machine. Trailer and Frame 3. The unit must be trailer mounted with a single axle having a safe load capacity at 3500 lbs., leaf springs, and electric brakes. 4. The trailer tongue shall be equipped with a ball hitch. 5. Longitudinal side frames and tongue members shall be constructed of steel channel having the minimum dimensions of 4" web and 3/16" thickness. 6. Unit shall have dual tail lights, stop lights, turn signals. 7. A license plate holder shall be attached to the driver's side tail light. I Trailer Mounted Rubberized Asphalt Melter/Applicator (Crack Sealer) Page 2. Heating Tank 8. The heating tank must have a minimum capacity of 100 gallons at ambient temperature. 9. The heat transfer oil is heated by one 280,000 BTU spread head side entry vapor fuel burner directly to the bottom of the heat transfer oil tank. 4 10. Unit shall be equipped with a low profile opening on the curb side for material loading. The material loading opening shall be designed to prevent splashing of hot material. 11. A cold seal tank shall be provided to prevent moisture condensation. 12. Burner shall be ignited via an electric spark igniter. The igniter shall work in conjunction with a sensor that will detect a lack of burn or ignition and shut the fuel supply. Controls and Plumbing 13. All controls shall be mounted on the curb side for operator safety. 14. All piping and material valves shall be healed by enclosure within the heating chamber. 15. Material pumping unit shall be a 2" positive displacement pump capable of being reversed. Hose Heating Chamber 16. Hose heating chamber shall be equipped with a temperature gauge. 17. Heating chamber shall have racks to secure hose and wand and shall have holes for drainage. 18. Heating chamber doors must be hinged and insulated. C Trailer Mounted Rubberized Asphalt Melter/Applicator (Crack Sealer) Page 3. Temperature Control 19. The melter applicator shall have a temperature control device with a limit switch which will automatically shut off the burner if heat transfer oil reaches 600 degrees Fahrenheit. 20. Two dial type temperature gauges to indicate transfer oil and material temperature will be mounted curb side. 21. Melter shall have infinite control temperature for various sealants. Agitation 22. The sealant material shall be mixed by a hydraulically driven full sweep vertical agitator with two opposing horizontal paddles with vertical risers attached to the extreme ends. 23. Agitator shall rotate in either direction with infinite speed control. Engine 24. Engine shall be diesel fueled. Sealant hose and applicator wand 25. Hose should be 1" inside diameter and 15' long minimum. 26. Hose should be insulated rubber coated and steel braid reinforced. 27. Connection between hose and applicator is made through a 360 degree swivel. Additional requirements 28. A fire extinguisher and a tool box shall be attached to the unit. 29. A strobe light is to be attached to the unit. 30. Parts and service manuals, two (2) each. 5F_ T a Trailer Mounted Rubberized Asphalt Melter/Applicator (Crack Sealer) Page 4. 31. Delivery within sixty (60) days. 31. Manufacturer's warranty Please state your warranty period: The City of Southlake reserves the right to accept or reject all or any part of any quote, waive minor technicalities and award the quotation to best serve the interest of the City. Bidders Name: Address Phone # 4 thwBidder's Signature wpfiles\equipmen\crack.sea L JP--.5- 7141-1.--- •,:„....„„..s, _,......„.. . .. 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' ----- 'H ---- i,, t.,4 „-./.1 i i 1. . i ..=.----- -:1- ., 0 ----,....=:-.,.•... . ,., . . .. -. .4, (.. • •ft:-=.--- ---___=-Ar _w..---Fe. -_ -7—.- ,,. _...... .. __.1 • • 0 '• ','.. . II6.i .- I, i. / — - :10,. ." -1',.-.-1--. fPw'i-N..- ',V.- 4/ • eons' '1 A I . •.I 4-1-Z:-- - --...71 ,..; '. ' Ob. I._ ' i------' 1 Aiy • i. _ . • .,, \ ___ . • ,.,\.'.,:i 2,4. ..... i .. . ,-,. ----.........................._ :-- -------.., ;•{.=•-••..:...4. V 3 c .c.,,.. i .,.____..............::;:„..,,,.,,,,..„,...s.,:... . ,,.,._... ... . , ....., .....,.......„..,....„ ...,....,„ , .. . . . . . ... . . .... ... ........,_....,.,..„., „„„, _.„,„ . .. . • . , „. ._. m mill... .... . . • / / .• •- C:t.,--ga-',-,_....:_... .. \ f f' MEM%i k ' Mill M..' ,_ •,, . mit moir (I) °d1.11% -----1 . City of Southlake,Texas MEMORANDUM November 11, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy,Zoning Administrator SUBJECT: ZA 94-127 Rezoning Request/Ordinance No.480-157 REQUESTED ACTION: Rezoning for 16.92 acres situated in the James Thornhill Survey, Abstract No. 1505,being all of Tract 2 and a portion of Tract 2A LOCATION: East side of S. Peytonville Ave. at 701 S. Peytonville Ave., being approximately 1/2 mile South of W. Southlake Blvd., and North of W. Continental Blvd. OWNER: Naomi R. Morrison APPLICANT: The Nelson Corporation CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-1A" Single-Family Residential District LAND USE CATEGORY: Medium Density Residential/100-Year Flood Plain NO. NOTICES SENT: Fourteen (14) RESPONSES: Three written responses received within the 200' notification area: * Southlake Properties J.V., Phil Jobe, 2 Turtle Creek Village, Suite 1000, Dallas, in favor. * Dee Ann Kraemer, 1401 Meadow Lane, in favor. * Allen and Melissa Ripley, 901 Chimney Hill Trail, opposed; does not want street access from Stone Lakes Phase IV to Chimney Hill which would allow a through street access from FM 1709 to Continental. This will cause heavy traffic through the neighborhood and a probable increase in crime. * SPIN #14 Representative, Carolyn Hobbs, submitted letters representing Chimney Hill and Southlake Hills property owners which were previously forwarded to Council. P&Z ACTION: October 20, 1994; Approved (7-0) ZA 94-127 Rezoning Request COUNCIL ACTION: November 1, 1994; Approved (7-0) First Reading, Ordinance No. 480-157 KPG/bls 1 G:\W PF\MEMO\CASES\94-127-Z.W PD e I 4SI; ICI ,. Ie 1r r --�-J- 'MAKE CITY LIMIT --- ' -®© .... 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U W 0 � _ A .., - a �, / 1Ft U ?S a m 0 In I-ICE cc a U `� a c o dC'J a 0 LL ci w J_� c CD N C -I11IAN0kA d I -- 880E ' OH . 03 LC I T ihim, °� L1.1co ;= m . r LL I I 1 I LL o c� Q I I LL ; LL U) I U) =i I : U)n ALL; , i “, T (-, - CITY OF SOUTHLAKE,TEXAS ORDINANCE NO. 480-157 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 16.92 ACRES SITUATED IN THE JAMES THORNHILL SURVEY, ABSTRACT NO. 1505, BEING ALL OF TRACT 2 AND A PORTION OF TRACT 2A, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO"SF-1A" SINGLE-FAMILY RESIDENTIAL DISTRICT, 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 "AG" Agricultural 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 G:\ORD\ZONING1480.157 Page I 1A . `I changes should be granted or denied: safetyof 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 cv, 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: G:\ORD\ZON ING W 80.157 Page 2 fl _ Being 16.92 acres of land situated in the James Thornhill Survey, Abstract No. 1505, being all of Tract 2 and a portion of Tract 2A, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural to "SF-1A" Single-Family Residential District. 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 O:\ORD\ZONING\480.157 Page 3 ri�' 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 ten(10)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 day of , 1994. MAYOR ATTEST: L CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1994. MAYOR ATTEST: CITY SECRETARY C O:\ORD\ZON N41480.157 Page 4 r7 r1 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: L C G:\ORD\ZON1NG\480.157 Page 5 EXHIBIT "A" (re BEING a tract of land out of the JAMES THORNHILL SURVEY. Abstract No. 1505. in the City of Southlake. Tarrant County. Texas and being all of the 40 acre tract described in deed to Naomi Ruth Morrison. recorded in Volume 5822. Page 328 of the Deed Records of Tarrant County. Texas. and being more particularly described as follows: BEGINNING at a point in the south line of the 11.842 acre tract described in deed to Stephen M. Smith. recorded in Volume 7432, Page 2286 of the Deed Records of Tarrant County. Texas, from which a 3/8" iron rod found for the southeast corner of the 11.842 acre tract and the southwest corner of STONE LAKES PHASE THREE, an addition to the City of Southlake. recorded in Cabinet A. Slide 1679 of the Plat Records of Tarrant County. Texas bears North 89'45'36" East. a distance of 198.55 feet: THENCE leaving the said south line of the 11.842 acre tract. South 00'03'11" East. a distance of 673.99 feet to a point for corner in the north line of CHIMNEY HILL PHASE II, an addition to the City of Southlake, recorded in Cabinet A. Slide 808 of the Plat Records of Tarrant County. Texas: THENCE with the north line said CHIMNEY HILL. PHASE II. South 89'52'42" West. a distance of 454.93 feet to. a 3/4" iron rod found for the common corner of said addition and the 4.89 acre tract described in deed to Jose B. Franco. recorded in Volume 5993. Page 609 of the Deed Records of Tarrant County. Texas: THENCE with the north line of the 4.89 acre tract. North 89'39'51" West. a-distance of 628.99 feet to a point in the east right-of-way line of Peytonville Road for the southwest corner of the 0.5090 acre tract of land described in deed to the City of Southlake. Texas. recorded in Volume 11586. Page 0625 of the Deed Records of Tarrant County. Texas. from which a 60d nail found in Peytonville Road for the southeast corner of the 40 acre tract bears North 89'39'51' West. 31.00 feet and a 5/8' iron rod found bears North 89'39'51' West. 13.50 feet: THENCE with the said east right-of-way line of Peytonville Road. North 01'06'51" West. a distance of 675.9E feet to a point for the northeast corner of the 0.5090 acre tract in the south line of the 11.842 acre tract described in deed to Stephen W. Smith. recorded in Volume 7432. Page 2286 of the Deed Records of Tarrant County. Texas. from which a 60d Rail found for the northwest corner of the beforementioned 40 acre tract bears North 89'45'36' West. 31.00 feet and a 5/8" iron rod found bears North 89'45'36' West. 13.50 feet: THENCE with the south line of the said 11.842 tract. South 89'45'36' East. a distance of 1096.44 feet to POINT OF BEGINNING and containing 16.92 acres of land. (Pe (we G:V)RD'ZON1NG\480.157 Page 6 City of Southlake,Texas MEMORANDUM November 11, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy,Zoning Administrator SUBJECT: ZA 94-128 Rezoning and Concept Plan/Stone Lakes Phase IV/Ordinance No.480-158 REQUESTED ACTION: Rezoning and Concept Plan for Stone Lakes Phase IV, being 24.64 acres situated in the James Thornhill Survey, Abstract No. 1505, and being a portion of Tract 2A LOCATION: East of S. Peytonville Ave., South of Stone Lakes,East of Monticello Estates and North of Southlake Hills OWNER:UESTED Q Single-Family Naomi R. Morrison APPLICANT: The Nelson Corporation CURRENT ZONING: "AG" Agricultural (401°' RE ZONING: "SF-20A" Sin le-Famil Residential District LAND USE CATEGORY: Medium Density Residentia1/100-Year Flood Plain NO. NOTICES SENT: Twenty-four(24) RESPONSES: Seven written responses received within the 200' notification area: * Southlake Properties J.V., Phil Jobe, in favor. * Kenneth and Jean Montgomery, 1403 Meadow Lane,opposed;more housing in this area will increase traffic and cause more hazards to children and property. * Dee Ann Kraemer, 1401 Meadow Lane,in favor of the development but opposed to roads connecting Stone Lakes to Chimney Hill and Southlake Hills. Through streets will cause increased traffic, possibility of criminal activity will increase, and safety of children will be compromised * Susan Pace, P.O. Box 9875, Ft. Worth, opposed; if Creekview is opened and continued from Southlake Hills into Stone Lakes, this will increase traffic directly around her personal home. * Jeff and Kathy Miller,800 Hillcrest Tr.,undecided;would like more information on the lot sizes and sq. ft. of homes, and would like to know if Creekview will be a through street. City of Southlake,Texas * Allen and Melissa Ripley, 901 Chimney Hill Trail, opposed; does not want street access from Stone Lakes Phase IV to Chimney Hill which will allow a through street from FM 1709 to Continental. This will cause heavy traffic through the neighborhood and a probable increase in crime. * James and Elizabeth Niewald, 1203 Meadow Ridge Ct., opposed; see attached letter. * SPIN #14 Representative, Carolyn Hobbs, submitted letters representing Chimney Hill and Southlake Hills property owners - see attached. * Citizens of Stone Lakes, Chimney Hill and Southlake Hills submitted a petition which was previously forwarded to Council. P&Z ACTION: October 20, 1994;Approved(4-2-1)ZA 94-128 Rezoning and Concept Plan for Stone Lakes Phase IV subject to the Plan Review Summary dated October 14, 1994, deleting item#4 regarding Lot 101,Block 7 not meeting the minimum 125'rear lot width requirement, and deleting item#5 requirement that 30,000 s.f.lots be adjacent to Lot 2,Block 10, and eliminating the connection of Creekview and Chimney Hill Trail. COUNCIL ACTION: November 1, 1994; Approved(7-0) First Reading, Ordinance No. 480-158 subject to the Plan Review Summary dated October 28, (1.0„, 1994,deleting item#1 regarding Lots 55 and 59,Block 8 not meeting the minimum 125' rear lot width requirement, deleting item #2 requirement that 30,000 s.f. lots be adjacent to Lot 2, Block 9, and deleting item #3 regarding continuation of streets stubbed into the development. STAFF COMMENTS: The Applicant has met all of the comments of the second Plan Review Summary dated October 28, 1994 with the exception of those items addressed in the attached third Plan Review Summary dated November 11, 1994. KPG/b1s (sae G:\WPF\MEMO\CASES\94128ZC.WPD October 16, 1994 �^ Planning and Zoning Commission w4t 199 City of Southlake, Texas I Dear Commissioners: Proposed streets Creekview and Chimney Hill Trail would connect FM 1709 to Continental Boulevard. We feel that Stone Lakes should not be connected with Southlake Hills and Chimney Hills subdivisions for the following reasons: 1) We bought in a small neighborhood (62 lots) to get a sense of community. The City then approved Southlake Hills East (18 lots) and recently approved another 2 lots. In addition, Southlake Hills is also connected to Chimney Hills. Connecting a huge subdivision such as Stone Lakes reduces that sense of neighborhood and becomes a housing area with a large city feel. 2) Crime increases with easier access to communities. Neighborhood watches are not as effective. Neighbors are no longer able to recognize vehicles that "belong" and those that don't. (10., 3) Traffic will increase significantly. Parents taking children to Carroll Elementary School will avoid the planned routes on White's Chapel, Peytonville and Davis Boulevard by "cutting through" Stone Lakes and either Southlake Hills or Chimney Hills, thus avoiding traffic lights intended to assist with traffic flow. In addition, its proximity to the High School may invite high school students chasing and "showing-off" in their cars through our neighborhoods. There are literally hundreds of small children who live and play in these three subdivisions. The increase in traffic is a direct threat to their safety. 4) Emergency routes from FM 1709 to Southlake Hills and Chimney Hills subdivisions are not necessary according to the Southlake Fire Department. For these specific reasons and other peripheral reasons not listed, we respectfully request that the Preliminary Plat of Stone Lakes Phase IV not be approved with Creekview and Chimney Hill Trail streets cut through. Sincerely, OarT6, James d Elizabeth G. Niewald cry Property Owner 16 -3 Carolyn Hobbs SPIN#14 Representative 1404 Chimney Works Dr. Southlake,TX 76092 October 18, 1994 Ms.Karen Gandy Southlake Planning&Zoning Carroll Avenue Southlake,TX 76092 Re: Stone Lakes Development Zoning Action 10/20/94 Z 40 `f - l a 7// 2 $ Dear Karen: Once again,please bring the concerns of the neighborhood before the Planning&Zoning Commissioners at the 10/20 meeting. These actions would become necessary in the event through streets are adopted under the new plan. As the SPIN representative for Neighborhood#14,and on behalf of the Southlake Hills Subdivision I would like the Planning&Zoning Commission to consider the following in approving road construction and building of the Stone Lakes Development through to the Southlake Hills Subdivision via Southlake (lbw Hills Drive. 1. That the road barricade between Southlake Hills and Stone Lakes remain in place during road construction of the Stone Lakes portion until the entire building project is complete or at least until road dedication occurs. The reasons for this request are numerous: a. Southlake Hills is in the final stages of its construction but will see an increase of heavy equipment traffic with the commencement of construction of Southlake Hills East. To date there has been no provision made for a separate construction entrance for the Southlake Hills Fact project. b.Children and pedestrians will be confronted with hazardous construction equipment relative to the completion of Southlake Hills,heavy equipment needed for the Southlake Hills East project plus the additional burden of the Stone Lakes Development. It seems a bit excessive for the residents of Southlake Hills to endure the development of two additional projects. c.Cost to repair damaged streets and curbs will be borne by all citizens. Is unlikely the Southlake Hills developer will share any responsibility. d FM 1709 is designed for commercial traffic and provides a more direct entry into the Stone Lakes Subdivision. e. The Stone Lakes project will provide no financial benefit to the Southlake Hills subdivision and therefore,construction should be contained within the Stone Lakes subdivision. 2. That the developer agreement between the City of Southlake and Stone Lakes contain wording that requires the developer to post a construction entrance sign on FM1709 at the entrance to the project and 7i3- q • . . that the developer is required to notify builders,contractors,and subcontractors of this restriction. Further,that the developer be required to take action when notified of any violations. a. The reasons for this requirement are the same as in 1. I would like to be advised of any action taken by the Planning&Zoning Commission regarding this request prior to presentation to the City Council. Tf necessary,the residents of Southlake Hills will petition the Council for enactment. Thank you for your time and cooperation . Sincerely, Carolyn Hobbs SPIN#14 Representative L (mese 73-S 1 CITY MANAGER ‘111"' Carolyn Hobbs SPIN#14 Representative 1404 Chimney Works Dr. Southlake,TX 76092 October 18, 1994 Ms.Karen Gandy Southlake Planning&Zoning Carroll Avenue Southlake,TX 76092 Re: Stone Lakes Development Zoning Action 10/20/94 Z Ft 9 4 — 12.7 A Dear Karen: Once again,please bring the concerns of the neighborhood before the Planning&Zoning Commissioners at the 10/20 meeting. These actions would become neePssary in the event through streets are adopted under the new plan. As the SPIN representative for Neighborhood#14,and on behalf of the Chimney Hill Subdivision I would like the Planning&Zoning Commission to consider the following in approving road construction and building of the Stone Lakes Development through to the Chimney Hill Subdivision via Chimney Hill (1111ire Trail. 1. That the road barricade between Chimney Hill and Stone Lakes remain in place during road construction of the Stone Lakes portion until the entire building project is complete or at least until road dedication occurs. The reasons for this request are numerous: a. Chimney Hill is a completed subdivision with dedicated streets and no developer to provide trash or dirt pick up or street repair from construction crews or equipment. b. As a completed subdivision children at play are not accustomed to construction traffic and are therefore presented with an additional safety hazard. c.Construction trucks and heavy equipment using both the Continental and Peytonville entrances often exceed curb limitations and destroy portions of the common area and curbs. Common areas of Chimney Hill are now maintained by its residents who must shoulder the cost of that damage. Cost to repair damaged streets and curbs will be borne by all citizens d. Both Continental and Peytonville along with S. White Chapel are not through streets for commercial traffic. FM 1709 is designed for commercial traffic and provides entry into the Stone Lakes Subdivision. e. The Stone Lakes project will provide no financial benefit to the Chimney Hill subdivision and therefore,construction should be contained within the Stone Lakes subdivision. 2. That the developer agreement between the City of Southlake and Stone Lakes contain wording that requires the developer to post a construction entrance sign on FM1709 at the entrance to the project and that the developer is required to notify builders,contractors,and subcontractors of this restriction. Further,that the developer be required to take action when notified of any violations. a. The reasons for this requirement are the same as in 1. I would like to be advised of any action taken by the Planning&Zoning Commission regarding this request prior to presentation to the City Council. If necessary,the residents of Chimney Hill will petition the Council for enactment. Thank you for your time and cooperation . Sincerely, Carolyn Hobbs SPIN#14 Representative L L SRAKf CITY LIMIT r ''--_ _ --- QQt,r•0 r [KO , cucrr drY [mar QM 1 SKt G7.'w AiOQ9M CF�ILDFIg33 _ " x M. i010 i= • - ' ' i t CP ,, lc 1 X7 , IS i w NE 5 s: P. m _at)R l ) !A I 7. . GR0y.'_ JP. �REE�„moRION r II . >A -—- — L I 76 hi e. Po— ‘, :1 P i.g ImkI nIrM I AIiMI 7 _ $SI/• a iY [w _( N►L S• \U ELLS -1' G- 9 :I -- [ w a • 1IAl w iifttI.GLE6d 1 ' • • • : II MI '[+ -»e• MI . - . 1 'IARi •f v ••,,' , Ilq I Ir3a I'� Ir • WI 1' ul• t5y.' "r.. �2114A © 1 p.�,... (Y�1-y1` - 7" l Elltillar IAIASA»uuauAa•IA'KAM _ - •� - r - MS au 1 • .,....+- MAN MO . IUA3 -'C---1 .I t„ J0-TGC O t �11,A7 r a • WI 0 712 - KCLLCR drY LIMIT 1..a-'' -l_"AD�- ill._ r`, ti • • .,. : 3 i i M MI I:--- sr " m r:! _ �. ,:" ,�e 1p4 �. 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GO I n7A ,.A -A I •�I17: ' it' "" 1 Oa.-- I K '" t ;till . a 7 PAR,.Q YHO"/#43 - -•'‘." OH-- ; 6R t. r £{ilAl II .» a ,A< I(�11 l LL D 1 -- DN.I - - •— . . " 0:-01: '."'" aI •r '. Nrollij- .J. HYDE 1_ ti_ -. . iy K7_ �,.;_ ,ter I IM _5- F i'�:,ti /: PP0K. , . -- -1 K� ,i_ M7 : to , c.; •t11)-`' - P. • N to L.I \1\)1/',-- .• r I • ._— r1y I '•' W I NIA IR •` »A• SI 1 �] \ " • �K i JJ.YAAA-" _ r li -.. AI.. 111 - t• BIAS � �Mx1,a Kg .51 • PIIIt' 1•n.• EIEYENTARY CARROLL I - 1 _ i --- tt ti I�.1 ? 13[wHooL _ • .D GALL L M ItP'��.H I r »" �, .nL _ to 3 cj� A jC y� L .. Pie?-Ylc.) ' r1t jr. TRACT MAP = ' � ,....: iId.)L`/ Gpm u.A 1KPI1 ' 1 I�. IILU Pv%� C.. t --.. - ; 1 "1 N "., s� ,� I I (' �_� 1.7 / I: '' -14'414 : 4 ' / 11 [, I I I l� ' ll. UrUBII' i+�l II )1 00C3 . . . r(i...,. v ‹- <• 2 _ . — . --, 16. / 1 4 Ar*emu opeoguo \ • .s /` \. ;� / s ''t i 8 ` I it '\ A / 1 . $ r• • S 1 • \ U _ _ - . • . . ., ...4,, •• -,,,,. \_-_\ ,I- • - - . . q(:). . , ,,• • w IL_ .) .\ • ,. b '&40 ) CD /e 2 • •• , • .N I I o • 4 31 33e10 - - . _ . •01 N� mil In r z/ ----- .'- /' i _ /' c o . z0 0 ' Q _ C.) Q CIm 'e . O Z l re) rr-) iiiilt >— °- . _ . -a I I Z N J W ZD L _II_ 1_ Wo . a NCt � . I I I � 0 N 3Nd31 MOQI 3W _ s• 1 a ; . I I (lir , 1 CD c.C) cC) (-b I \ � _ . _ . 1 City of Southlake,Texas 1 DEVELOPMENT PLAN REVIEW SUMMARY CASE NO: ZA 94-128 REVIEW NO: THREE DATE OF REVIEW: 11/11/94 PROJECT NAME: Concept Plan for SF-20A Rezoning Request for Stone Lakes. Phase IV, 24.64 acres. James Thornhill Survey. Abstract No. 1505 OWNER/APPLICANT: ENGINEER/PLANNER/ARCHITECT: Southlake Properties J.V. Naomi Morrison The Nelson Corporation 3838 Oak Lawn Avenue, Su.1000 701 S. Peytonville 5999 Summerside Drive Dallas, Texas 75219 Southlake. TX. 76092 Dallas, Texas 75252 PHONE: (214) 521-8300 PHONE: (214) 380-2605 FAX: (214) 521-8339 FAX: (214) 380-2609 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLANS RECEIVED BY THE CITY ON 11/07/94 AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT KAREN GANDY AT (817)481-5581, EXT. 744. 1. Lots 55 and 59, Block 8 do not meet the minimum 125' rear lot width requirement (Ordinance No. 483, Article 8.01 E). Li 2. It appears that Article 8.01(G) of Subdivision Ordinance No. 483 requires lots adjacent to the proposed Lot 2, Block 9 be a minimum of 30,000 s.f. in area. However, the ordinance does not address adjacent lots within the same subdivision or if this requirement is applicable to r \� preliminary plats as well as final plats. °' / 3. The Subdivision Ordinance (Article 5.01-B) requires the continuation of the streets stubbed to this U development. * Remove pavement delineations. * The applicant should be aware that prior to issuance of a building permit, building plans must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * Denotes Informational Comment cc: The Nelson Corporation Southlake Properties J. V. Naomi R. Morrison, 701 S. Peytonville Avenue, Southlake, TX. 76092 (6,.., 96 -Ic> . ..1 CE)l'i • .3 4*- .... . z... , . Li I 11;-:-.....7. 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'...... si: (hre C a OUTHLAKE,TEXAS ORDINANCE NO.480-158 AN ORDINANCE AMENDING ORDINANCE NO. 480, A 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 24.64 ACRES SITUATED IN THE JAMES THORNHILL SURVEY, ABSTRACT NO. 1505,BEING A PORTION OF TRACT 2A,AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "SF-20A" SINGLE- FAMILY RESIDENTIAL DISTRICT, 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; (1610e 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 • • . outhlake, Texas is a home rule City acting u • - its Charter adopted by the electorate pursuant to Article , - • - - • _ - "•nstitution 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 "AG" Agricultural 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 (me 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 G:‘ORD\ZONLNG\480.158 Page I 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, Southlake,Texas, does find that the changes in WHEREAS,the City Council of the City of So 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: G:\ORD\ZON1NG\480.158 Page 2 °l� -13 Being 24.64 acres of land situated in the James Thornhill Survey,Abstract No. 1505, being a portion of Tract 2A, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein,from"AG"Agricultural to"SF-20A"Single- Family Residential District, as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B." 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, (1••• 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 O:\ORD\ZONR441480.158 Page 3 gLj 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 ten(10) 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 day of , 1994. MAYOR (re ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1994. MAYOR ATTEST: CITY SECRETARY L G:1ORDIZONING1480.158 Page 4 1 ,--►C APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: (kr (or G:\ORD\ZON1NG\480.158 Page 5 EXHIBIT "A" C BEING a tract of land out of the JANES THORNHILL SURVEY. Abstract No. 1505. in the City of Southlake. Tarrant 558822. Texas the Deed part in morei Ruth Morrison.particularly described as acre recorded in volume follows: BEGINNING at a 3/8' iron rod found for the southwest corner of STONE LAKES PHASE THREE. an addition to the City of of thet11.842 recordedlide to79 of StepheneWPlat Records of Smith. recordedainant Volumen7432. Page Texas and 2286he ofstheheast corner Cabinet Deed Records of Tarrant County. Texas: THENCE with the south line of the said STONE LAKES PHASE THREE. South 89'46'04" East. a distance of 974.42 feet to a 5/8" iron rod found for the southeast corner of STONE LAKES PHASE THREE and the southwest corner of STONE LAKES PHASE TWO, an addition to the City of Southlake. recorded in Cabinet A. Slides 1393 and 1394 of the Plat Records of Tarrant County. Texas: THENCE5 00 feetitoia93/8' iron rod south foundline near said fenceSTONE postKfor S anSE ellWcornerSouth of8said addition: a distance of THENCE with the southerly most west line of STONE LAKES PHASE TWO. South 00'27'46' East: passing a 3/8' iron rod found near a fence post for the westerly most northwest corner of the 240.99 acre tract conveyed to Southlake Joint Venture by deed recorded in Volume 9719. Page 599 of the Deed Records of Tarrant County. Texas at 34.13 feet: continuing with the southerly most west line of the 240.99 acre tract, in all a total distance of 668.37 feet to a 5/8" iron rod found in concrete near a fence post in the north line of SOUTHLAKE HILLS. PHASE II, an addition to ah1/2'tironf rodtfound forctheend ortheastncot rnerSofdthe3sa4 idfadditiontbearsrSouthf T89f'55'0t 6'ouEast. 8.34sfeet: which 55.14 feet THENCE 5/81th ironerodrth foundne forftheid commonFcornerAKE lofSCHIMNEY HILL PHASE II. North PHASE II,5an6additionatoithence Cityfof2Southlake. recorded in Cabinet A. Slide 808 of the Plat Records of Tarrant County. Texas: THENCE with the north line said CHIMNEY HILL. PHASE II. South 89'52'42' West. a distance of 347.60 feet to a point for corner: THENCE leaving the north line of said CHIMNEY HILL. PHASE II. North 00'03'11" West. a distance of 673.99 feet to a point for corner in the south line of the said 11.842 acre tract: THENCE with the south line of the said 11.842 acre tract. South 89'45'36' East. a distance of 198.55 feet to the POINT OF BEGINNING and containing 24.64 acres of land. C C OAORD'zOMIN(1480.158 Page 6 '1� 11 . EXHIBIT "B" -- -- N \~� �2r O 1 .........;........7 ig ; j� C ID Z L]O .}J (we /'ram N ( 8 �b S. ... ........_.,. y \ c th S I/4 '/1.3. COOS i s i, .1 F R. i• . x ` . N 1 �' y j, i t i • Y s r� v 1 Z a' ;!o .j ~u ' pi_ T ll , S w rj%rS o �a �� 2p= x S 1.1 1� ; 1 e4 m w \ll S `` j -:-• } ©, el 3\';',3\ F:-...----- .. -7a-474‘. ..........:431) .1 . '.. :6/ SI 14)... , o�.. �3. w w < Gs i o < L0 x 41 \ w ~ 1 p1Ng . i oTA '= x x \ w : Z. 000:51.: g L,.... 8.4 .s „ um) 91RL�OG �J •.1: •9 N OC 3'• .. -.7 S : 1S C . T ,, SI s ! S - -- ----•-1--- 1 , 40e:co NYU 11 MULLION H 11 TUN1A7MlIX] • Q0.'Ma-11 3 gS 'i O JQ=L, N U 7:. - S; S S —"l 51 — OSiTgi 2 S _0? :2 -SR 3adji . ; - • Nj„3 is: +x . 8« i_ii of I . it n RII 5 :I< IF I: : .F_ ► xsi Vyus _ j .: oak s= 1� N of :: f_s -3 .1 I•:22 8 - 8: I:ILI :i1 < i:- .2 Xi• i:: •j I is is • E'eS -............ ys, rtwlotxu NUM - - - -= 23 li 4111 - : 2 • 3 ` gg . ill id f=Y- '"fy s :1i2fa yy ,mg.,g Le a € -d t 'El ii ii € I ''� ; y�9- s $! S !(iimme :I D`- a S ! ito,E; lit .t ' t .,... -:Y Y___ _ is iEi._. :: :► a 1 NNvd NM11:1 IS TUKI41Q11 WCll7 ` -.fS -' Uri t-IS 03NONOZ -- S v X 3 1 'S Y l l v 0 • N O I 1 Y H O d N 0 3 N O S l 3 N 3 H 1 —" ,e,i Ordinance No. 480-158 Page 7 1 \� r 11---krtie City of South lake,Texas MEMORANDUM December 1, 1994 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Ordinance No. 627, 2nd Reading, Authorizing the Issuance of City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1994 At the November 1, 1994 Council meeting, the City Council approved the resolution which approved and authorized the publication of notice of intention to issue certificates of obligation. This notice is to be published twice 15 days prior to the sale date, which is set for December 6. Also on December 6 will be the second reading of the ordinance. Approval by the Attorney General is required, and delivery of funds is scheduled on or about January 10. This ordinance will officially adopt the issuance of the certificates of obligation. The City is proposing issuance of$4.35 million certificates of obligation. The uses of the funds is as follows: 1.) Equipment for Public Safety and Public Works - $415,000; 2.) Sewer Assessment Program- $1,300,000; 3.) Water Ground Storage Tank - $2,500,000; and Issuance costs including underwriter's discount. The equipment debt will be retired over a.five year period and the remaining debt will be repaid over 20 years. On November 29 and 30 members of the City Council and staff made a presentation to Moody's Investor Services and Standard and Poor's. We will receive rating notification by Monday, December 5. Please place this ordinance on the City Council agenda for their consideration. LAH ord627.wpd 7c -/ %, F ORDINANCE NO. AN ORDINANCE authorizing the issuance of "CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 1994" ; specifying the terms and features of said certificates; providing for the' payment of said certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a limited pledge of the net revenues from the operation of the City's Waterworks and Sewer System; and resolving other matters incident and relating to the issuance, payment, security, sale and delivery of said Certificates, including the approval and execution of a Paying Agent/Registrar Agreement and the approval and distribution of an Official Statement; and providing an effective date. WHEREAS, notice of the City Council's intention to issue certificates of obligation in the maximum principal amount of $6,595, 000 for the purpose of paying contractual obligations to be incurred for (i) the construction of improvements and extensions to the City's combined Waterworks and Sewer System, (ii) the purchase of land for future city facilities, including, but not L limited to, a new city hall and park facilities, (iii) the purchase of materials, equipment and machinery for the public safety and public works departments, including vehicles, camera equipment, radio system and street' equipment and machinery, and (iv) professional services rendered in relation to such projects and the financing thereof, has been duly published in The Fort Worth Star Telegram, a newspaper hereby found and determined to be of general circulation in the City of Southlake, Texas, on , 1994 and , 1994, the date the first publication of such notice being not less than fifteen (15) days prior to the tentative date stated therein for the second reading and final passage of the ordinance authorizing the issuance of such certificates; and WHEREAS, no petition protesting the issuance of the certificates of obligation and bearing valid petition signatures of at least 5% of the qualified electors of the City, has been presented to or filed with the Mayor, City Secretary or any other official of the City on or prior to the date of the passage of this ordinance; and WHEREAS, the Council hereby finds and determines that the project involving the purchase of land for future city facilities, including, but not limited to, a new city hall and park facilities, should not be included as a project being financed by 0210377 7e-a s ' (Itire the certificates herein authorized and, therefore, $4, 350, 000 in principal amount of the certificates of obligation described in such notice should be issued and sold at this time; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1: Authorization, Designation, Principal Amount, Purpose. Certificates of obligation of the City shall be and are hereby authorized to be issued in the aggregate principal amount of $4, 350,000, to be designated and bear the title "CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 1994" (hereinafter referred to as the "Certificates") , for the purpose of paying contractual obligations to be incurred for (i) the construction of improvements and extensions to the City's combined Waterworks and Sewer System, (ii) the purchase of materials, equipment and machinery for the public safety and public works departments, including vehicles, camera equipment, radio system and street equipment and machinery, and (iii) professional services rendered in relation to such projects and the financing thereof, pursuant to authority conferred by and in conformity with the Constitution and laws of the State of Texas, including V.T.C.A. , Local Government Code, Subchapter C of Chapter 271, as amended. SECTION 2 : FullyRegisteredObligations Obli ations - Authorized Denominations-Stated Maturities-Date. The Certificates are issuable in fully registered form only; shall be dated December 1, 1994 (the "Certificate Date") and shall be in denominations of $5, 000 or any integral multiple thereof (within a Stated Maturity) and the Certificates shall become due and payable on August 15 in each of the years and in principal amounts (the "Stated Maturities") and bear interest at the per annum rate(s) in accordance with the following schedule: Year of Principal Interest Stated Maturity Amount Rate(s) 1996 $ 65, 000 1997 200, 000 1998 205, 000 1999 215,000 2000 230, 000 2001 140, 000 2002 145, 000 % 2003 160, 000 % • 2004 165, 000 % 2005 180, 000 % 2006 190, 000 Le' 02103n -2- �c-3 ♦ • (6••• 2007 205,000 % 2008 220, 000 2009 235, 000 2010 250, 000 % 2011 265, 000 2012 290, 000 % 2013 305, 000 2014 330,000 % 2015 355, 000 % The Certificates shall bear interest on the unpaid principal amounts from the Certificate Date at the rate per annum shown above in this Section (calculated on the basis of a 360-day year of twelve 30-day months) , and such interest shall be payable on February 15 and August 15 of each year, commencing February 15, 1996. SECTION 3 : Terms of Payment-Paving Accent/Registrar. The principal of, premium, if any, and the interest on the Certificates, due and payable by reason of maturity, redemption, or otherwise, shall be payable only to the registered owners or holders of the Certificates (hereinafter called the "Holders") appearing on the registration and transfer books maintained by the Paying Agent/Registrar and the payment thereof shall be in any coin or currency of the United States of America, which at the ce time of payment is legal tender for the payment of public and private debts, and shall be without exchange or collection charges to the Holders. The selection and appointment of Texas Commerce Bank National Association, Dallas, Texas to serve as Paying Agent/Registrar for the Certificates is hereby approved and confirmed. Books and records relating to the registration, payment, transfer and exchange of the Certificates (the "Security Register") shall at all times be kept and maintained on behalf of the City by the Paying Agent/Registrar, as provided herein and in accordance with the terms and provisions of a "Paying Agent/Registrar Agreement" , substantially in the form attached hereto as Exhibit A, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Mayor and City Secretary are authorized to execute and deliver such Agreement in connection with the delivery of the Certificates. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Certificates are paid and discharged, and any successor Paying Agent/Registrar shall be a bank, trust company, financial institution or other entity qualified and authorized to serve in such capacity and perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Certificates, the City agrees to promptly cause a written notice thereof to be sent to each Holder by United States Mail, 0210377 -3- 7e-' • first class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of and premium, if any, on the Certificates shall be payable at the Stated Maturities or the redemption thereof only upon presentation and surrender of the Certificates to the Paying Agent/Registrar at its designated offices in Dallas, Texas (the "Designated Payment/Transfer Office") . Interest on the Certificates shall be paid to the Holders whose name appears in the Security Register at the close of business on the Record Date (the last business day of the month next preceding each interest payment date) and shall be paid by the Paying Agent/Registrar (i) by check sent United States Mail, first class postage prepaid, to the address of the Holder recorded in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder. If the date for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the City where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. In the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/ Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business next preceding the date of mailing of such notice. SECTION 4 : Redemption. (a) Optional Redemption. The Certificates having. Stated Maturities on and after August 15, 2005, shall be subject to redemption prior to maturity, at the option of the City, in whole or in part in principal amounts of $5, 000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar) , on August 15, 2004 , or on any date thereafter at the redemption price of par plus accrued interest to the date of redemption. (b) Exercise of Redemption Option. At least forty-five (45) days prior to a redemption date for the Certificates (unless a Le, 0210377 -4- 7e s • s shorter notification period shall be satisfactory to the Paying Agent/Registrar) , the City shall notify the Paying Agent/Registrar of the decision to redeem Certificates, the principal amount of each Stated Maturity to be redeemed, and the date of redemption therefor. The decision of the City to exercise the right to redeem Certificates shall be entered in the minutes of the governing body of the City. (c) Selection of Certificates for Redemption. If less than all Outstanding Certificates of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/ Registrar shall treat such Certificates as representing the number of Certificates Outstanding which is obtained by dividing the principal amount of such Certificates by $5,000 and shall select the Certificates to be redeemed within such Stated Maturity by lot. (d) Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Certificates, a notice of redemption shall be sent by United States Mail, first class postage prepaid, in the name of the City and at the City's expense, to each Holder of a Certificate to be redeemed in whole or in part at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been (kw duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Certificates, (ii) identify the Certificates to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Certificates, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, provided moneys sufficient for the payment of such Certificate (or the principal amount thereof to be redeemed) at the then applicable redemption price are held for the purpose of such payment by the Paying Agent/Registrar and (v) specify that payment of the redemption price for the Certificates, or the principal amount thereof to be redeemed, shall be made at the Designated Payment/Transfer Office of the Paying Agent/Registrar only upon presentation and surrender of the Certificates. If a Certificate is subject by its terms to prior redemption and has been called for redemption and notice of redemption has been duly . given as hereinabove provided, such Certificate (or the principal amount thereof to be redeemed) shall become due and payable and interest thereon shall cease to accrue from and after the redemption date therefor. 0210377 -5- �e - SECTION 5: Registration - Transfer - Exchange of (Ibre Certificates-Predecessor Certificates. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of each and every owner of the Certificates issued under and pursuant to the provisions of this Ordinance, or if appropriate, the nominee thereof. Any Certificate may be transferred or exchanged for Certificates of other authorized denominations by the Holder, in person or by his duly authorized agent, upon surrender of such Certificate to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form .satisfactory to the Paying Agent/Registrar. Upon surrender of any Certificate for transfer at the Designated Payment/Transfer Office of the Paying Agent/Registrar, the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Certificates of authorized denominations and having the same Stated Maturity and of a like aggregate principal amount as the Certificate or Certificates surrendered for transfer. At the option of the Holder, Certificates may be exchanged for other Certificates of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Certificates surrendered for exchange, upon surrender of the Certificates to be exchanged at the Designated Payment/Transfer Office of the Paying Agent/ Registrar. Whenever any Certificates are surrendered for exchange, the Paying Agent/Registrar shall register and deliver new Certificates to the Holder requesting the exchange. t All Certificates issued in any transfer or exchange of Certificates shall be delivered to the Holders at the Designated Payment/Transfer Office of the Paying Agent/Registrar or sent by United Statef Mail, first class, postage prepaid to the Holders, and-, upon the registration and delivery thereof, the same shall be the valid obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Certificates surrendered in such transfer or exchange. All transfers or exchanges of Certificates pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Certificates cancelled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be ‘11■010 0210377 -6- c - 7 a Lie "Predecessor Certificates, " evidencing all or a portion, as the case may be, of the same obligation to pay evidenced by the new Certificate or Certificates registered and delivered in the exchange or transfer therefor. Additionally, the term "Predecessor Certificates" shall include any mutilated, lost, destroyed, or stolen Certificate for which a replacement Certificate has been issued, registered and delivered in lieu thereof pursuant to the provisions of Section 21 hereof and such new replacement Certificate shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Certificate. Neither the City nor the Paying Agent/ Registrar shall be required to issue or transfer to an assignee of a Holder any Certificate called for redemption, in whole or in part, within 45 days of the date fixed for the redemption of such Certificate; provided, however, such limitation on transferability shall not be applicable to an exchange by the Holder of the unredeemed balance of a Certificate called for redemption in part. SECTION 6: Book-Entry Only Transfers and Transactions. Notwithstanding the provisions contained in Sections 3, 4 and 5 hereof relating to the payment, and transfer/exchange of the Certificates, the City hereby approves and authorizes the use of "Book-Entry Only" securities clearance, settlement and transfer (we system provided by The Depository Trust Company (DTC) , a limited purpose trust company organized under the laws of the State of New York, in accordance with the requirements and procedures identified in the Letter of Representation, by and between the City, the Paying Agent/Registrar and DTC (the "Depository Agreement") relating to the Certificates. Pursuant to the Depository Agreement and the rules of DTC, the Certificates shall be deposited with DTC who shall hold said Certificates for its participants (the "DTC Participants") . While the Certificates are held by DTC under the Depository Agreement, the Holder of the Certificates on the Security Register for all purposes, including payment and notices, shall be Cede & Co. , as nominee of DTC, notwithstanding the ownership of each actual purchaser or owner of each Certificate (the "Beneficial Owners") being recorded an the records of DTC and DTC Participants. In the event DTC determines to discontinue serving as securities depository for the Certificates or otherwise ceases to provide book-entry clearance and settlement of securities transactions in general or the City determines that DTC is incapable of properly discharging its duties as securities depository for the Certificates, the City covenants and agrees with the Holders of the Certificates to cause Certificates to be printed in definitive form and provide for the Certificate certificates to be issued and delivered to DTC Participants and 0210377 -7- Beneficial Owners, as the case may be. Thereafter, the Certificates in definitive form shall be assigned, transferred and exchanged on the Security Register maintained by the Paying Agent/Registrar and payment of such Certificates shall be made in accordance with the provisions of Sections 3 , 4 and 5 hereof. SECTION 7: Execution - Registration. The Certificates shall be executed on behalf of the City by the Mayor under its seal reproduced or impressed thereon and countersigned by the City Secretary. The signature of said officers on the Certificates may be manual or facsimile. Certificates bearing the manual or facsimile signatures of individuals who are or were the proper officers of the City on the Certificate Date shall be deemed to be duly executed on behalf of the City, notwithstanding that one or more of the individuals executing the same shall cease to be such officer at the time of delivery of the Certificates to the initial purchaser(s) and with respect to Certificates delivered in subsequent exchanges and transfers, all as authorized and provided in the Bond Procedures Act of 1981, as amended. No Certificate shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Certificate either a certificate of registration substantially in the form provided in Section 9C, manually executed by the Comptroller of Public Accounts of the (iire State of Texas, or his duly authorized agent, or a certificate of registration substantially in the form provided in Section 9D, manually executed by an authorized officer, employee or representative of the Paying Agent/Registrar, and either such certificate duly signed upon any Certificate shall be conclusive evidence, and the only evidence, that such Certificate has been duly certified, registered and delivered. SECTION 8: Initial Certificate(s) . The Certificates herein authorized shall be initially issued either (i) as a single fully registered certificate in the total principal amount of $4, 350, 000 with principal installments to become due and payable as provided in Section 2 hereof and numbered T-1, or (ii) as twenty (20) fully registered certificates, fully registered certificates, being one certificate for each year of maturity in the applicable principal amount and denomination and to be numbered consecutively from T-1 and upward (hereinafter called the "Initial Certificate(s) ") and, in either case, the Initial Certificate(s) shall be registered in the name of the initial purchaser(s) or the designee thereof. The Initial Certificate(s) shall be the Certificates submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the initial purchaser(s) . Any time after the delivery of the Initial Certificate(s) , the Paying Agent/Registrar, pursuant to written instructions from the initial 0210377 -8- ‘111., purchaser(s) , or the designee thereof, shall cancel the Initial Certificate(s) delivered hereunder and exchange therefor definitive Certificates of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial purchaser(s) , or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 9: Forms. A. Forms Generally. The Certificates, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Certificates, shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including insurance legends in the event the Certificates, or any maturities thereof, are purchased with insurance and any reproduction of an opinion of counsel) thereon as may, consistently herewith, be established by the City or determined by the officers executing such Certificates as (ip„, evidenced by their execution. Any portion of the text of any Certificates may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the certificate. The definitive Certificates and the Initial Certificate(s) shall be printed, lithographed, or engraved, typewritten, photocopied or otherwise reproduced in any other similar manner, all as determined by the officers executing such Certificates as evidenced by their execution. B. Form of Certificates. REGISTERED REGISTERED NO. $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATE OF OBLIGATION, SERIES 1994 0210377 -9- Certificate Date:Lie December 1, 1994 Interest Rate: Stated Maturity: CUSIP NO: Registered Owner: Principal Amount: DOLLARS The City of Southlake (hereinafter referred to as the "City") , a body corporate and municipal corporation in the County of Tarrant, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, on the Stated Maturity date specified above the Principal Amount hereinabove stated (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid principal amount hereof from the Certificate Date at the per annum rate of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 in each year, commencing February 15, 1996. Principal of this Certificate is payable at its Stated Maturity or redemption to the registered owner hereof, upon presentation and surrender, at the Designated Payment/Transfer Office of the Paying Agent/Registrar executing the registration (bp, certificate appearing hereon, or its successor. Interest is payable to the registered owner of this Certificate (or one or more Predecessor Certificates, as defined in the Ordinance hereinafter referenced) whose name appears on the "Security Register" maintained' by the Paying Agent/Registrar at the close of business on the "Record Date", which is the last business day of the month next preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. This Certificate is one of the series specified in its title issued in the aggregate principal amount of $4 , 350, 000 (herein referred to as the "Certificates") for the purpose of paying contractual obligations to be incurred for (i) the construction of improvements and extensions to the City's combined Waterworks and Sewer System, (ii) the purchase of materials, equipment and machinery for the public safety and public works departments, including vehicles, camera equipment, radio system and street (kire' 0210377 -10- } equipment and machinery, and (iii) professional services rendered in relation to such projects and the financing thereof, under and in strict conformity with the Constitution and laws of the State of Texas, particularly V.T.C.A. , Local Government Code, Subchapter C of Chapter 271, as amended, and pursuant to an Ordinance adopted by the City Council of the City (herein referred to as the "Ordinance") . The Certificates maturing on and after August 15, 2005, may be redeemed prior to their Stated Maturities, at the option of the City, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar) , on August 15, 2004, or on any date thereafter, at the redemption price of par, together with accrued interest to the date of redemption and upon 30 days prior written notice being sent by United States Mail, first class postage prepaid, to the registered owners of the Certificates to be redeemed, and subject to the terms and provisions relating thereto contained in the Ordinance. If this Certificate (or any portion of the principal sum hereof) shall have been duly called for redemption and notice of such redemption duly given, then upon such redemption date this Certificate (or the portion of the principal sum hereof to be redeemed) shall become due and payable, and interest thereon shall cease to accrue from and after the redemption date therefor, provided moneys for the payment of the redemption price and the interest on the principal amount to be Le redeemed to the date of redemption are held for the purpose of such payment by the Paying Agent/Registrar. . In the event of a partial redemption of the principal amount of this Certificate, payment of the redemption price of such principal amount shall be made to the registered owner only upon .presentation and surrender of this Certificate to the Designated Payment/Transfer Office of the Paying Agent/Registrar, and there shall be issued to the registered owner hereof, without charge, a new Certificate or Certificates of like maturity and interest rate in any authorized denominations provided by the Ordinance for the then unredeemed balance of the principal sum hereof. If this Certificate is selected for redemption, in whole or in part, the City and the Paying Agent/Registrar shall not be required to transfer this Certificate to an assignee of the registered owner within 45 days of the redemption date therefor; provided, however, such limitation on transferability shall not be applicable to an exchange by the registered owner of the unredeemed balance hereof in the event of its redemption in part. The Certificates are payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City and from a limited pledge of the Net Revenues (as defined in the Ordinance) of the City's combined Waterworks and Sewer System (the "System") , such pledge being 0210377 -11- 7e-/.Z limited to an amount not in excess of $1, 000 and, together with a parity pledge securing the payment of the Previously Issued Certificates, being junior and subordinate to the lien on and pledge of such Net Revenues securing the payment of "Prior Lien Obligations" (identified and defined in the Ordinance) now outstanding and hereafter issued by the City. In the Ordinance, the City reserves and retains the right to issue Prior Lien Obligations without limitation as to principal amount but subject to any applicable terms, conditions or restrictions under law or otherwise. Reference is hereby made to the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the Paying Agent/Registrar, and to all the provisions of which the owner or holder of this Certificate by the acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Certificates; the nature and extent of the limited pledge of the Net Revenues securing the payment of the Certificates; the terms and conditions relating to the transfer or exchange of this Certificate; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which the tax levy and the pledge of the Net Revenues and covenants made in the Ordinance may be discharged at or prior to the maturity of this Certificate, and this Certificate deemed to be no longer Outstanding thereunder; and for the other terms and provisions contained therein. Capitalized terms used herein have the meanings assigned in the Ordinance. This Certificate, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register only upon its presentation and surrender at the Designated Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by, the registered owner hereof, or his duly authorized agent. When a transfer on the Security Register occurs, one or more new fully registered Certificates of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued by the Paying Agent/Registrar to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the registered owner whose name appears on the Security Register (i) on the Record Date as the owner entitled to payment of interest hereon, (ii) on the date of surrender of this Certificate as the owner entitled to payment of principal hereof at its Stated Maturity or its redemption, in whole or in part, and 0210377 -12- 7c 73 (iii) on any other date as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. In the event of nonpayment of interest on a scheduled payment date and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, recited, represented and declared that the City is a body corporate and political subdivision duly organized and legally existing under and by virtue of the Constitution and laws of the State of Texas; that the issuance of the Certificates is duly authorized by law; that all acts, conditions and things required to exist and be done precedent to and in the issuance of the Certificates to render the same lawful and valid obligations of the City have been properly done, have happened and have been performed in regular and due time, form and Cr' manner as required by the Constitution and laws of the State of Texas, and the Ordinance; that the Certificates do not exceed any Constitutional or statutory limitation; and that due provision has been made. for the payment of the principal of and interest on the Certificates as aforestated. In case any provision in this Certificate shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms and provisions of this Certificate and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. 0210377 -13- I IN WITNESS WHEREOF, the City Council of the City has caused this Certificate to be duly executed under the official seal of the City as of the Certificate Date. CITY OF SOUTHLAKE, TEXAS COUNTERSIGNED: Mayor City Secretary (SEAL) C. *Form of Registration Certificate of Comptroller of Public Accounts to appear on Initial Certificate(s) only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS ( REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that this Certificate has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) *NOTE TO PRINTER: Do Not Print on Definitive Certificates L 0210377 -14- (kw D. Form of Certificate of Paving Agent/Registrar to appear on Definitive Certificates only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Certificate has been duly issued and registered under the provisions of the within-mentioned Ordinance; the certificate or certificates of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. The designated offices of the Paying Agent/Registrar located in Dallas, Texas, is the "Designated Payment/Transfer Office" for this Certificate. Registration Date: TEXAS COMMERCE BANK NATIONAL ASSOCIATION, Dallas, Texas, as Paying Agent/Registrar By Authorized Signature E. Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee: ) (Social Security or other identifying number: ) the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Certificate on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assign- Signature guaranteed: ment must correspond with the name of the registered owner as it appears on the face of the within Certificate in every particular. L 0210377 -15- 7e/b (Iry F. The Initial Certificate(s) shall be in the form set forth in paragraph B of this Section, except that the form of a single fully registered Initial Certificate shall be modified as follows: (i) immediately under the name of the certificate the headings "Interest Rate " and "Stated Maturity " shall both be omitted; (ii) paragraph one shall read as follows: Registered Owner: Principal Amount: • Dollars The City of Southlake (hereinafter referred to as the "City") , a body corporate and municipal corporation in the County of Tarrant, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount hereinabove stated on August 15 in each of the years and in principal installments in accordance with the following schedule: PRINCIPAL INTEREST (ilare YEAR INSTALLMENTS• RATE (Information to be inserted from schedule in Section 2 hereof) . (or so much thereof as shall not have been prepaid prior to maturity) and to pay interest on the unpaid principal amounts hereof from the Certificate Date at the per annum rate(s) of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 of each year, commencing February 15, 1996. Principal installments of this Certificate are payable at its Stated Maturity or on a prepayment date to the registered owner hereof by Texas Commerce Bank National Association, Dallas, Texas (the "Paying Agent/Registrar") , upon presentation and surrender, at its designated offices in Dallas, Texas (the "Designated Payment/Transfer Office") . Interest is payable to the registered owner of this Certificate whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date" , which is the last business day of the month next preceding each interest payment date hereof and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/ Registrar, requested by, and at the risk and L 0210377 -16- expense of, the registered owner. All payments of principal of, L premium, if any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. SECTION 10: Definitions. For purposes of this Ordinance and for clarity with respect to the issuance of the Certificates herein authorized, and the levy of taxes and appropriation of Net Revenues therefor, the following words or terms, whenever the same appears herein without qualifying language, are defined to mean as follows: (a) The term "Certificates" shall mean the $4 ,350, 000 "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1994" authorized by this Ordinance. (b) The term "Certificate Fund" shall mean the special Fund created and established under the provisions of Section 11 of this Ordinance. (c) The term "Collection Date" shall mean, when Lie reference is being made to the levy and collection of annual ad valorem taxes, the date the annual ad valorem taxes levied each year by the City become delinquent. (d) The term "Fiscal Year" shall mean the twelve month financial accounting period used by the City in connection with the operation of the System which may be any twelve consecutive month period established by the City. (e) The term "Government Securities" shall mean direct obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, and the United States Treasury obligations such as its State and Local Government Series in book-entry form. (f) The term "Gross Revenues" shall mean all income, receipts and revenues of every nature derived or received from the operation and ownership (excluding refundable meter deposits, restricted gifts and grants in aid of construction) of the System, including earnings and income derived from the investment or deposit of moneys in any special funds or accounts created and established for the payment and security of 0210377 -17- (ire the Prior Lien Obligations and other obligations payable solely from and secured only by a lien on and pledge of the Net Revenues. (g) The term "Maintenance and Operating Expenses" shall mean all current expenses of operating and maintaining the System, including all salaries, labor, materials, repairs and extensions necessary to render efficient service; provided, however, that only such repairs and extensions, as in the judgment of the City Council, reasonably and fairly exercised, are necessary to maintain the operations and render adequate service to the City and the inhabitants thereof, or such as might be necessary to meet some physical accident or condition which would otherwise impair obligations payable from Net Revenues shall be deducted in determining "Net Revenues" . Depreciation charges shall not be considered Maintenance and Operating Expenses. Maintenance and Operating Expenses shall include payments under contracts for the purchase of water supply, treatment of sewage or other materials, goods, services, or facilities for the System to the extent authorized by law and the provisions of such contract. (h) The term "Net Revenues" shall mean the Gross Revenues of the System, with respect to any period, after deducting the System's Maintenance and Operating Expenses during such period. i (i) The term "Outstanding" when used in this Ordinance with respect to Certificates means, as of the date of determination, all Certificates theretofore issued and delivered under this Ordinance, except: (1) those Certificates cancelled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Certificates for which payment has been duly provided by the City in accordance with the provisions of Section 22 hereof; and (3) those Certificates that have been mutilated, destroyed, lost, or stolen and replacement Certificates have been registered and delivered in lieu thereof as provided in Section 21 hereof. (j) The term "Previously Issued Certificates" shall mean the outstanding (1) "City of Southlake, LP' 0210377 -18- �� -is Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1990" , dated August 1, 1990, issued in the original principal amount of $1, 100, 000 and (2) "City of Southiake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1992" , dated May 1, 1992, issued in the original principal amount of $1, 100, 000. (k) The term "Prior Lien Obligations" shall mean (i) the outstanding and unpaid (1) "City of Southiake, Texas, Waterworks and Sewer System Revenue Bonds, Series 1984", dated May 1, 1984, originally issued in the aggregate principal amount of $500,000 and (2) "City of Southiake, Texas, Waterworks and Sewer System Revenue Refunding Bonds, Series 1987", dated March 1, 1987, and originally issued in the aggregate principal amount of. $217, 000 and (ii) obligations hereafter issued which by the terms of the authorizing ordinance are made payable from and secured by a lien on and pledge of the Net Revenues of the System ranking prior and superior to the lien and pledge securing the payment of the Certificates. (1) The term "System" shall mean all properties, (kme facilities and plants currently owned, operated and maintained by the City for the supply, treatment, transmission and distribution of treated potable water and the collection, treatment and disposal of water-carried wastes, together with all future extensions, improvements, replacements and additions thereto. SECTION 11: Certificate Fund. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption and retirement of the Certificates, there shall be and is hereby created a special account or fund on the books and records of the City known as the "SPECIAL SERIES 1994 TAX AND REVENUE CERTIFICATE OF OBLIGATION FUND" , and all moneys deposited to the credit of such Fund shall be shall be kept and maintained in a special banking account at the City's depository bank. Authorized officials of the City are hereby authorized and directed to make withdrawals from said Fund sufficient to pay the principal of and interest on the Certificates as the same become due and payable, and, shall cause to be transferred to the Paying Agent/Registrar from moneys on deposit in the Certificate Fund an amount sufficient to pay the amount of principal and/or interest falling due on the Certificates, such transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar on or before the last business day next preceding each interest and principal payment date for the Certificates. L 0210377 -19- Pending the transfer of funds to the Paying Agent/Registrar, money in the Certificate Fund may, at the option of the City, be invested in obligations identified in, and in accordance with the provisions of the "Public Funds Investment Act of 1987" relating to the investment of "bond proceeds" ; provided that all such investments shall be made in such a manner that the money required to be expended from said Fund will be available at the proper time or times. All interest and income derived from deposits and investments in said Certificate Fund shall be credited to, and any losses debited to, the said Certificate Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Certificates. SECTION 12: Tax Levy. To provide for the payment of the "Debt Service Requirements" on the Certificates being (i) the interest on said Certificates and (ii) a sinking fund for their redemption at maturity or a sinking fund of 2% (whichever amount shall be the greater) , there shall be and there is hereby levied for the current year and each succeeding year thereafter while said Certificates or any interest thereon shall remain Outstanding, a sufficient tax on each one hundred dollars' valuation of taxable property in said City, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt (re Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Certificate Fund. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay the said Debt Service Requirements, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness. Accrued interest and premium, if any, received from the purchasers of the Certificates shall be deposited to the Certificate Fund. In addition, any surplus proceeds from the sale of the Certificates not expended for authorized purposes shall be deposited in the Certificate Fund, and such amounts so deposited shall reduce the sums otherwise required to be deposited in said Fund from ad valorem taxes. SECTION 13 : Limited Pledge of Net Revenues. The City hereby covenants and agrees that, subject to the prior lien on and pledge of the Net Revenues of the System to the payment and security of Prior Lien Obligations, the Net Revenues of the System in an aggregate amount not to exceed $1, 000 are hereby irrevocably pledged to the payment of the principal of and interest on the Certificates, and the limited pledge of $1, 000 of the Net Revenues of the System herein made for the payment of the Certificates L 0210377 -2 0- (las, shall constitute a lien on the Net Revenues of the System in accordance with the terms and provisions hereof and shall be on a parity in all respects with the lien on the Net Revenues securing the payment of the Previously Issued Certificates. Furthermore, such lien on and pledge of the Net Revenues securing the payment of the Certificates shall be valid and binding without further action by the City and without any filing or recording except for the filing of this Ordinance in the records of the City. SECTION 14 : System Fund. The City covenants and agrees that all Gross Revenues (excluding earnings from the investment of money held in any special funds or accounts created for the payment and security of the Prior Lien Obligations) shall be deposited as collected into a fund maintained at an official depository of the City and known on the books of the City as the "City of Southlake Waterworks and Sanitary Sewer System Fund" (hereinafter called the "System Fund") . All moneys deposited to the credit of the System Fund shall be allocated, appropriated and budgeted to the extent required for the following purposes and in the order of priority shown, to wit: First: To the payment of all necessary and reasonable Maintenance and Operating Expenses of the System as defined herein or required by statute to be a first charge on and claim against the Gross Revenues, (We Second: To the payment of all amounts required to be deposited in the special Funds created and established for the payment, security and benefit of Prior Lien Obligations in accordance with the terms and provisions of the ordinances authorizing the issuance of Prior Lien Obligations. Third: To the payment, equally and ratably, of the limited amounts pledged to the payment of the Previously Issued Certificates and the Certificates. Any Net Revenues remaining in the System Fund after satisfying the foregoing payments, or making adequate and sufficient provision for the payment thereof, may be appropriated and used for any other City purpose now or hereafter permitted by law. SECTION 15: Security of Funds. All moneys on deposit in the Funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested) shall be secured in the manner and to the fullest extent required by the laws of Texas for the security of public funds, and moneys on deposit in such Funds shall be used only for the purposes permitted by this Ordinance. (kr, 0210377 -21- ' t Cr ' SECTION 16: Maintenance and Operation - Insurance. The City covenants and agrees that while the Certificates remain Outstanding, it will maintain and operate the System with all possible efficiency, and maintain casualty and other insurance on the properties of the System and its operations of a kind and in such amounts customarily carried by municipal corporations in the State of Texas engaged in a similar type business; and it will faithfully and punctually perform all duties with reference to the System required by the Constitution and laws of the State of Texas. SECTION 17: Remedies in Event of Default. In addition to all the rights and remedies provided by the laws of the State of Texas, the City covenants and agrees particularly that in the event the City (a) defaults in the payments to be made to the Certificate Fund, or (b) defaults in the observance or performance of any other of the covenants, conditions or obligations set forth in this Ordinance, the owner or owners of any of the Certificates shall be entitled to a writ' of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the City and other officers of the City to observe and perform any covenant, condition or obligation prescribed in this Ordinance. No delay or omission to exercise any right or power accruing (iihr upon any default shall impair any such right or power, or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specific remedies herein provided shall be cumulative of all other existing remedies and the specification of such remedies shall not be deemed to be exclusive. SECTION 18 : Special Covenants. The City hereby further covenants as follows: (a) It has the lawful power to pledge the Net Revenues of the System to the payment of the Certificates in the manner herein contemplated and has lawfully exercised such power under the Constitution and laws of the State of Texas, including said power existing under Articles 1111 et seq. , V.A.T.C.S. and V.T.C.A. , Local Government Code, Sections 271. 041, et seq. (b) Other than for the payment of the Certificates, the Previously Issued Certificates and the Prior Lien Obligations, the Net Revenues of the System have not in any manner been pledged to the payment of any debt or obligation of the City or of the System. 0210377 -22- ��-a3 (c) While any Certificates remain Outstanding, the City will not sell the System or any substantial part thereof; provided, however, this covenant shall not be construed to prohibit the sale of such machinery or other properties or equipment which has become obsolete or otherwise unsuited to the efficient operation of the System. (d) To the extent that it legally may, the City further covenants and agrees that, while any of the Certificates are Outstanding, no franchise shall be granted for the installation or operation of any competing waterworks and sewer systems other than those owned by the City, and the operation of any such systems by anyone other than the City is hereby prohibited. (e) No free service of the System shall be allowed, and should the City or any of its agents or instrumentalities make use of the services and facilities of the System, payment of the reasonable value thereof shall be made by the City out of funds • • from sources other than the revenues and income of the System. SECTION 19: Issuance of Prior Lien Obligations/Additional (we Parity Obligations. The City hereby expressly reserves the right to hereafter issue Prior Lien Obligations, without limitation •as to principal amount but subject to any terms, conditions or restrictions applicable thereto under law or otherwise, and such Prior Lien Obligations hereafter issued may be payable, in whole or in part, from the Net Revenues (without impairment of the obligation of contract with the Holders of the Certificates) upon such terms and conditions as the City Council may determine. Additionally, the City reserves the right without any limitations to issue additional obligations payable {in whole or in part) from and secured by lien on and pledge of the Net Revenues of the System of equal rank and dignity with the lien on and pledge of such Net Revenues securing the payment of the Previously Issued Certificates and the Certificates. SECTION 20: Application of Prior Lien Obligations Covenants and Agreements. It is the intention of this governing body and accordingly hereby recognized and stipulated that the provisions, agreements and covenants contained herein bearing upon the management and operations of the System, and the administering and application of revenues derived from the operation thereof, shall to the extent possible be harmonized with like provisions, • agreements and covenants contained in the ordinances authorizing the issuance of the Prior Lien Obligations, and to the extent of any irreconcilable conflict between the provisions contained herein and in the ordinances authorizing the issuance of the Prior oz1 o3n -23- 7e a Lien Obligations, the provisions, agreements and covenants contained therein shall prevail to the extent of such conflict and be applicable to this Ordinance but in all respects subject to the priority of rights and benefits, if any, conferred thereby to the holders of the Prior Lien Obligations. Notwithstanding the above, any change or modification affecting the application of revenues derived from the operation of the System shall not impair the obligation of contract with respect to the limited pledge of revenues herein made for the payment and security of the Certificates. SECTION 21: Mutilated - Destroyed - Lost and Stolen Certificates. In case any Certificate shall be mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a replacement Certificate of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Certificate, or in lieu of and in substitution for such destroyed, lost or stolen Certificate, only upon the approval of the City and after (i) the filing by the Holder thereof with the Paying Agent/Registrar of evidence satisfactory-to the Paying Agent/Registrar of the destruction, loss or theft of such Certificate, and of the authenticity of the ownership thereof and (ii) the furnishing to the Paying Agent/Registrar of indemnification in an amount satisfactory to hold the City and the (ime Paying Agent/Registrar harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Certificate shall be borne by the Holder of the Certificate mutilated, or destroyed, lost or stolen. Every replacement Certificate issued pursuant to this Section shall be a valid and binding obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Certificates; notwithstanding the enforceability of payment by anyone of the destroyed, lost, or stolen Certificates. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Certificates. SECTION 22 : Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Certificates, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and the Net Revenues of the System (to the extent such limited pledge of Net Revenues shall not have been discharged or terminated by prior payment of principal of or interest on the Certificates) and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. (11■01 0210377 -2 4- Certificates or any principal amount(s) thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Certificates or the principal amount(s) thereof at maturity or the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any moneys deposited therewith, if any, to pay when due the principal of and interest on such Certificates, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/ Registrarr have been made) the redemption date thereof. The City covenants that no deposit of moneys or Government Securities will be made under this Section and no use made of any such deposit which would cause the Certificates to be treated as "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, or regulations adopted pursuant thereto. (re . Any moneys so deposited with the Paying Agent/ Registrar, or an authorized escrow agent, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Certificates, or any principal amount(s) thereof, or interest thereon with respect to which such moneys have been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Certificates and remaining unclaimed for a period of four (4) years after the Stated Maturity, or applicable redemption date, of the Certificates such moneys were deposited and are held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor. Notwithstanding the above and foregoing, any remittance of funds from the Paying Agent/Registrar to the City shall be subject to any applicable unclaimed property laws of the State of Texas. SECTION 23 : Ordinance a Contract -Amendments. This Ordinance shall constitute a contract with the Holders from time to time; be binding on the City, and shall not be amended or repealed by the City so long. as any Certificate remains Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not (we 0210377 -25- { S detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the consent of Holders holding a majority in aggregate principal amount of the Certificates then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Holders of Outstanding Certificates, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of, premium, if any, and interest on the Certificates, reduce the principal amount thereof, the redemption price, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, premium, if any, or interest on the Certificates, (2) give any preference to any Certificate over any other Certificate, or (3) reduce the aggregate principal amount of Certificates required to be held by Holders for consent to any such amendment, addition, or rescission. SECTION 24: Covenants to Maintain Tax-Exempt Status. (a) Definitions. When used in this Section, the following terms have the following meanings: "Closing Date" means the date on which the Certificates are first authenticated and delivered to the initial purchasers against payment therefor. "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. "Computation Date" has the meaning set forth in Section 1. 148-1 (b) of the Regulations. "Gross Proceeds" means any proceeds as defined in Section 1. 148-1 (b) of the Regulations, and any replacement proceeds as defined in Section 1. 148-1 (c) of the Regulations, of the Certificates. "Investment" has the meaning set forth in Section 1. 148-1(b) of the Regulations. "Nonpurpose Investment" means any investment property, as defined in section 148 (b) of the Code, in which Gross Proceeds of the Certificates are invested and which is not acquired to carry out the governmental purposes of the Certificates. "Rebate Amount" has the meaning set forth in Section 1. 148-1(b) of the Regulations. 0210377 -2 6 7e a7 (11kw "Regulations" means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Certificates. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. "Yield" of (1) any Investment has the meaning set forth in Section 1. 148-5 of the Regulations and (2) the Certificates has the meaning set forth in Section 1. 148- 4 of the Regulations. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Certificate to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that (Ilire failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Certificate, the City shall comply with each of the specific covenants in this Section. (c) No Private Use or Private Payments. Except as permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Certificates: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Certificates, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and L 0210377 -2 7- 7e—078 (its" (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Certificates or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. (d) No Private Loan. Except to the extent permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Certificates to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such (hre Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Certificates directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so invested) , if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced thereby) , whether then held or previously disposed of, exceeds the Yield of the Certificates. (f) Not Federally Guaranteed. Except to the extent permitted by section 149 (b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Certificates to be federally guaranteed within the meaning of section 149 (b) of the Code and the Regulations and rulings thereunder. (g) Information Report. The City shall timely file the information required by section 149 (e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. (ire 0210377 -2 8- 7e-df (h) Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148 (f) of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Certificate is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Certificates with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148 (f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Certificates until six years after the final Computation Date. (3) As additional consideration for the purchase of the Certificates by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States out of the Certificate Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Certificates equals (i) in the case of a Final Computation Date as defined in Section 1. 148-3 (e) (2) of the Regulations, one hundred percent (100%) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90%) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148 (f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038-T or such other forms and information as is or may be required by Section 148 (f) of the Code and the Regulations and rulings thereunder. L 0210377 -2 9- 4 '• (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3) , and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error) , including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1. 148-3 (h) of the Regulations. (i) Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Certificates, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection H of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Certificates not been relevant to either party. (j) Elections. The City hereby directs and authorizes the Mayor, City Secretary, City Manager and Finance Director, (hre individually or jointly, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Certificates, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. SECTION 25: Qualified Tax Exempt Obligations. In accordance with the provisions of paragraph (3) of subsection (b) of Section 265 of the Code, the City hereby designates the Certificates to be "qualified tax exempt obligations" in that the Certificates are not "private activity bonds" as defined in the Code and the reasonably anticipated amount of "qualified tax exempt obligations" to be issued by the City (including all subordinate entities of the City) for the calendar year 1995 will not exceed $10, 000, 000. SECTION 26: Sale of Certificates. Pursuant to a public sale for the Certificates, the bid submitted by (herein referred to as the "Purchasers") is declared to be the best bid received producing the lowest net effective interest cost to the City, and the sale of the Certificates to said Purchasers at the price of par and accrued interest to the date of delivery, plus a premium of $ is hereby approved and confirmed. Delivery of the Certificates to the Purchasers shall occur as soon as possible upon payment being made therefor in accordance with the terms of sale. (kir' 0210377 -30- 7e -3/ • 4 (NW SECTION 27 : Proceeds of Sale. The proceeds of sale of the Certificates, excluding the accrued interest and premium, if any, received from the Purchasers, shall be deposited in a construction fund maintained at the City's depository bank. Pending expenditure for authorized projects and purposes, such proceeds of sale may be invested in authorized investments and any investment earnings realized may be expended for such authorized projects and purposes or deposited in the Certificate Fund as shall be determined by the City Council. Accrued interest and premium, if any, as well as all surplus proceeds of sale of the Certificates, including investment earnings, remaining after completion of all authorized projects or purposes shall be deposited to the credit of the Certificate Fund. SECTION 28: Official Statement. The Official Statement, together with all amendments and supplements thereto issued on behalf of the City, prepared in the initial offering and sale of the Certificates by the City is hereby approved as to form and content, and the City Council hereby finds that the information and data contained in said Official Statement pertaining to the City and its financial affairs is true and correct in all material respects and no material facts have been omitted therefrom which are necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. The use of such Official Statement in the reoffering of the Certificates (itay by the Purchasers is hereby approved and authorized. SECTION 29: Control and Custody of Certificates. The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending the sale of the Certificates, the investigation by the Attorney General of the State of Texas, including the printing and supply of definitive Certificates, and shall take and have charge and control of the Initial Certificate(s) pending the approval thereof by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery thereof to the Purchasers. Furthermore, the Mayor, City Secretary, Finance Director and • City Manager, any one or more of said officials, are hereby authorized and directed to furnish and execute such documents and certifications relating to the City and the issuance of the Certificates, including a certification as to facts, estimates, circumstances and reasonable expectations pertaining to the use and expenditure and investment of the proceeds of the Certificates as may be necessary for the approval of the Attorney General and their registration by the Comptroller of Public Accounts. In addition, such officials, together with the City's financial advisor, bond counsel and the Paying Agent/Registrar, are authorized and directed to make the necessary arrangements for the L 0210377 -31- 7 ,3z delivery of the Initial Certificate(s) to the Purchasers and the initial exchange thereof for definitive Certificates. SECTION 30: Notices to Holders-Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States Mail, first class postage prepaid, to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Certificates. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 31: Cancellation. All Certificates surrendered (kw for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly cancelled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already cancelled, shall be promptly cancelled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Certificates previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Certificates so delivered shall be promptly cancelled by the Paying Agent/Registrar. All cancelled Certificates held by the Paying Agent/Registrar shall be returned to the City. SECTION 32: Bond Counsel's Opinion. The Purchasers' obligation to accept delivery of the Certificates is subject to being furnished a final opinion of Fulbright & Jaworski L.L.P. , Dallas, Texas, approving the Certificates as to their validity, said opinion to be dated and delivered as of the date of delivery and payment for the Certificates. An executed counterpart of said opinion shall accompany the global certificates deposited with The Depository Trust Company or a reproduction thereof shall be printed on the definitive Certificates in the event the book entry only system shall be discontinued. SECTION 33 : CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Certificates. It is expressly 0210377 -32- -33 provided, however, that the presence or absence of CUSIP numbers on the definitive Certificates shall be of no significance or effect as regards the legality thereof and neither the City nor attorneys approving the Certificates as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Certificates. SECTION 34 : Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, the Paying Agent/Registrar and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, the Paying Agent/Registrar and the Holders. SECTION 35: Inconsistent Provisions. All ordinances, orders or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 36: Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 37: Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 38: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 39 : Severability. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application thereof to other circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 40: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by V.T.C.A. , Government Code, Chapter 551, as amended. 0210377 -3 3- SECTION 41: Effective Date. This Ordinance shall take effect and be in full force immediately from and after its date of adoption shown below. PASSED ON FIRST READING, November 15, 1994 . PASSED ON SECOND READING AND ADOPTED, this December 6, 1994. CITY OF SOUTHLAKE, TEXAS Mayor ATTEST: City Secretary (City Seal) APPROVED AS TO LEGALITY: L City Attorney L 0210377 -3 4- 7e-33 1 EXHIBIT A PAYING AGENT/REGISTRAR AGREEMENT THIS AGREEMENT entered into as of December 6, 1994 (this "Agreement") , by and between the City of Southlake, Texas (the "Issuer") , and Texas Commerce Bank National Association, a banking association duly organized and existing under the laws of the United States of America, (the "Bank") . RECITALS WHEREAS, the Issuer has duly authorized and provided for the execution and delivery of its "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1994" (the "Securities") , dated November 15, 1994, and such Securities are to be delivered to the initial purchasers on or about January 10, 1995; and WHEREAS, the Issuer has selected the Bank to serve as Paying Agent/Registrar in connection with the payment of the principal of, premium, if any, and interest on said Securities and with respect to the registration, transfer and exchange thereof by the registered owners thereof; and (me WHEREAS, the Bank has agreed to serve in such capacities for and on behalf of the Issuer and has full power and authority to perform and serve as Paying Agent/Registrar for the Securities; NOW, THEREFORE, it is mutually agreed as follows: ARTICLE ONE APPOINTMENT OF BANK AS PAYING AGENT AND REGISTRAR Section 1. 01. Appointment. The Issuer hereby appoints the Bank to serve as Paying Agent with respect to the Securities, and, as Paying Agent for the Securities, the Bank shall be responsible for paying on behalf of the Issuer the principal, premium (if any) , and interest on the Securities as the same become due and payable to the registered owners thereof; all in accordance with this Agreement and the "Bond Resolution" (hereinafter defined) . The Issuer hereby appoints the Bank as Registrar with respect to the Securities and, as Registrar for the Securities, the Bank shall keep and maintain for and on behalf of the Issuer books and records as to the ownership of said Securities and with respect to the transfer and exchange thereof as provided herein and in the "Bond Resolution" . (leire 044 021 8 7? -34, The Bank hereby accepts its appointment, and agrees to serve as the Paying Agent and Registrar for the Securities. Section 1. 02 . Compensation. As compensation for the Bank's services as Paying Agent/Registrar, the Issuer hereby agrees to pay the Bank the fees and amounts set forth in Annex A attached hereto for the first year of this Agreement and thereafter the fees and amounts set forth in the Bank's current fee schedule then in effect for services as Paying Agent/Registrar for municipalities, which shall be supplied to the Issuer on or before 90 days prior to the close of the Fiscal Year of the Issuer, and shall be effective upon the first day of the following Fiscal Year. In addition, the Issuer agrees to reimburse the Bank upon its request for all reasonable expenses, disbursements and advances incurred or made by the Bank in accordance with any of the provisions hereof (including the reasonable compensation and the expenses and disbursements of its agents and counsel) . ARTICLE TWO DEFINITIONS Section 2 . 01. Definitions. For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires: "Acceleration Date" on any Security means the date on and after which the principal or any or all installments of interest, or both, are due and payable on any Security which has become accelerated pursuant to the terms of the Security. "Bank Office" means the principal offices of the Bank located at the address appearing on page 12 hereof. The Bank will notify the Issuer in writing of any change in location of the Bank Office. "Bond Resolution" means the resolution, order, or ordinance of the governing body of the Issuer pursuant to which the Securities are issued, certified by the Secretary or any other officer of the Issuer and delivered to the Bank. "Fiscal Year" means the fiscal year of the Issuer, ending September 30th. "Holder" and "Security Holder" each means the Person in whose name a Security is registered in the Security Register. "Issuer Request" and "Issuer Order" means a written request or order signed in the name of the Issuer by the (Pe 0210448 -2- EXHIBIT A 7� - 3 8 t Mayor or City Secretary, any one or more of said officials, and delivered to the Bank. "Legal Holiday" means a day on which the Bank is required or authorized to be closed. "Person" means any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization or government or any agency or political subdivision of a government. "Predecessor Securities" of any particular Security means every previous Security evidencing all or a portion of the same obligation as that evidenced by such particular Security (and, for the purposes of this definition, any mutilated, lost, destroyed, or stolen Security for which a replacement Security has been registered and delivered in lieu thereof pursuant to Section 4. 06 hereof and the Resolution) . "Redemption Date" when used with respect to any Security to be redeemed means the date fixed for such redemption pursuant to the terms of the Bond Resolution. "Responsible Officer" when used with respect to the Bank (Nor means the Chairman or Vice-Chairman of the Board of Directors, the Chairman or Vice-Chairman of the Executive Committee of the Board of Directors, the President, any Vice President, the Secretary, any Assistant Secretary, the Treasurer, any Assistant Treasurer, the Cashier, any Assistant Cashier, any Trust Officer or Assistant Trust Officer, or any other officer of the Bank customarily performing functions similar to those performed by any of the above designated officers and also means, with respect to a particular corporate trust matter, any other officer to whom such matter is referred because of his knowledge of and familiarity with the particular subject. "Security Register" means a register maintained by the Bank on behalf of the Issuer providing for the registration and transfers of Securities. "Stated Maturity" means the date specified in the Bond Resolution the principal of a Security is scheduled to be due and payable. Section 2 . 02 . Other Definitions. The terms "Bank, " "Issuer, " and "Securities (Security) " have the meanings assigned to them in the recital paragraphs of this Agreement. 0210448 -3- LAB 1T A i The term "Paying Agent/Registrar" refers to the Bank in the performance of the duties and functions of this Agreement. ARTICLE THREE PAYING AGENT Section 3 .01. Duties of Paying Agent. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the principal of each Security at its Stated Maturity, Redemption Date, or Acceleration Date, to the Holder upon surrender of the Security to the Bank Office. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the interest on each Security when due, by computing the amount of interest to be paid each Holder and making payment thereof to the Holders of the Securities (or their Predecessor Securities) on the Record Date. All payments of principal and/or interest on the Securities to the registered owners shall be accomplished (1) by the issuance of checks, payable to the registered owners, drawn on the fiduciary account provided in Section 5.05 hereof, sent by United States mail, first class, postage prepaid, to the address appearing on the Security Register or (2) by such other method, acceptable to the Bank, requested in writing by the Holder at the Holder's risk and expense. Section 3 . 02 . Payment Dates. The Issuer hereby instructs the Bank to pay the principal of and interest on the Securities at the dates specified in the Bond Resolution. ARTICLE FOUR REGISTRAR Section 4 . 01. Security Register - Transfers and Exchanges. The Bank agrees to keep and maintain for and on behalf of the Issuer at the Bank Office books and records (herein sometimes referred to as the "Security Register") for recording the names and addresses of the Holders of the Securities, the transfer, exchange and replacement of the Securities and the payment of the principal of and interest on the Securities to the Holders and containing such other information as may be reasonably required by the Issuer and subject to such reasonable regulations as the Issuer and Bank may prescribe. All transfers, exchanges and replacement of Securities shall be noted in the Security Register. Every Security surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, the signature on which has been guaranteed by an officer of a federal or state bank or a member of the National Association 0210448 -4- SIT A �� _ o t ‘ of Securities Dealers, in form satisfactory to the Bank, duly executed by the Holder thereof or his agent duly authorized in writing. The Bank may request any supporting documentation it feels necessary to effect a re-registration, transfer or exchange of the Securities. To the extent possible and under reasonable circumstances, the Bank agrees that, in relation to an exchange or transfer of Securities, the exchange or transfer by the Holders thereof will be completed and new Securities delivered to the Holder or the assignee of the Holder in not more than three (3) business days after the receipt of the Securities to be cancelled in an exchange or transfer and the written instrument of transfer or request for exchange duly executed by the Holder, or, his duly authorized agent, in form and manner satisfactory to the Paying Agent/Registrar. Section 4.02. Certificates. The Issuer shall provide an adequate inventory of printed Securities to facilitate transfers or exchanges thereof. The Bank covenants that the inventory of printed Securities will be kept in safekeeping pending their use and reasonable care will be exercised by the Bank in maintaining such Securities in safekeeping, which shall be not less than the (hre care maintained by the Bank for debt securities of other governments or corporations for which it serves as registrar, or that is maintained for its own securities. Section 4.03. Form of Security Register. The Bank, as Registrar, will maintain the Security Register relating to the registration, payment, transfer and exchange of the Securities in accordance with the Bank's general practices and procedures in effect from time to time. The Bank shall not be obligated to maintain such Security Register in any form other than those which the Bank has currently available and currently utilizes at the time. The Securitycapable of being be any other form pconverted into written form within a reasonable time. Section 4 . 04 . List of Security Holders. The Bank will provide the Issuer at any time requested by the Issuer, upon payment of the required fee, a copy of the information contained in the Security Register. The Issuer may also inspect the information contained in the Security Register at any time the Bank is customarily open for business, provided that reasonable time is allowed the Bank to provide an up-to-date listing or to convert the information into written form. (\or 0210448 -5 Boa rill I 7e —V/ l I The Bank will not release or disclose the contents of the Security Register to any person other than to, or at the written request of, an authorized officer or employee of the Issuer, except upon receipt of a court order or as otherwise required by law. Upon receipt of a court order and prior to the release or disclosure of the contents of the Security Register, the Bank will notify the Issuer so that the Issuer may contest the court order or such release or disclosure of the contents of the Security Register. Section 4. 05. Return of Cancelled Certificates. The Bank will, at such reasonable intervals as it determines, surrender to the Issuer, Securities in lieu of which or in exchange for which other Securities have been issued, or which have been paid. Section 4. 06. Mutilated, Destroyed, Lost or Stolen Securi- ties. The Issuer hereby instructs the Bank, subject to the provisions of Section 21 of the Bond Resolution, to deliver and issue Securities in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities as long as the same does not result in an overissuance. In case any Security shall be mutilated, or destroyed, lost or stolen, the Bank may execute and deliver a replacement Security of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Security, or in lieu of and in substitution for such destroyed, lost or stolen Security, only upon the approval of the Issuer and after (i) the filing by the Holder thereof with the Bank of evidence satisfactory to the Bank of the destruction, loss or theft of such Security, and of the authenticity of the ownership thereof and (ii) the furnishing to the Bank of indemnification in an amount satisfactory to hold the Issuer and the Bank harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Security shall be borne by the Holder of the Security mutilated, or destroyed, lost or stolen. Section 4 . 07. Transaction Information to Issuer. The Bank will, within a reasonable time after receipt of written request from the Issuer, furnish the Issuer information as to the Securities it has paid pursuant to Section 3 . 01, Securities it has delivered upon the transfer or exchange of any Securities pursuant to Section 4. 01, and Securities it has delivered in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities pursuant to Section 4 . 06. 0210448 -6- A (11■••• ARTICLE FIVE THE BANK Section 5.01. Duties of Bank. The Bank undertakes to perform the duties set forth herein and agrees to use reasonable care in the performance thereof. Section 5. 02 . Reliance on Documents, Etc. (a) The Bank may conclusively rely, as to the truth of the statements and correctness of the opinions expressed therein, on certificates or opinions furnished to the Bank. (b) The Bank shall not be liable for any error of judgment made in good faith by a Responsible Officer, unless it shall be proved that the Bank was negligent in ascertaining the pertinent facts. (c) No provisions of this Agreement shall require the Bank to expend or risk its own funds or otherwise incur any financial liability for performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity satisfactory to it against such risks or liability is not assured to it. (d) The Bank may rely and shall be protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. Without limiting the generality of the foregoing statement, the Bank need not examine the ownership of any Securities, but is protected in acting upon receipt of Securities containing an endorsement or instruction of transfer or power of transfer which appears on its face to be signed by the Holder or an agent of the Holder. The Bank shall not be bound to make any investigation into the facts or matters stated in a resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document supplied by Issuer. (e) The Bank may consult with counsel, and the written advice of such counsel or any opinion of counsel shall be full and complete authorization and protection with respect to any action taken, suffered, or omitted by it hereunder in good faith and in reliance thereon. (f) The Bank may exercise any of the powers hereunder and perform any duties hereunder either directly or by or through agents or attorneys of the Bank. (khrpo 0210 448 -7- 4,4 .spa d1l 7� - �3 3 Section 5. 03 . Recitals of Issuer. The recitals contained herein with respect to the Issuer and in the Securities shall be taken as the statements of the Issuer, and the Bank assumes no responsibility for their correctness. The Bank shall in no event be liable to the Issuer, any Holder or Holders of any Security, or any other Person for any amount due on any Security from its own funds. Section 5. 04 . May Hold Securities. The Bank, in its individual or any other capacity, may become the owner or pledgee of Securities and may otherwise deal with the Issuer with the same rights it would have if it were not the Paying Agent/Registrar, or any other agent. Section 5. 05. Moneys Held by Bank - Fiduciary Account/ Collateralization. A fiduciary account shall at all times be kept and maintained by the Bank for the receipt, safekeeping and disbursement of moneys received from the Issuer hereunder for the payment of the Securities, and money deposited to the credit of such account until paid to the Holders of the Securities shall be continuously collateralized by securities or obligations which qualify and are eligible under both the laws of the State of Texas and the laws of the United States of America to secure and be pledged as collateral for fiduciary accounts to the extent such money is not insured by the Federal Deposit Insurance Corporation. Payments made from such fiduciary account shall be made by check drawn on such fiduciary account unless the owner of such Securities shall, at its own expense and risk, request such other medium of payment. The Bank shall be under no liability for interest on any money received by it hereunder. Subject to the applicable unclaimed property laws of the State of Texas, any money deposited with the Bank for the payment of the principal, premium (if any) , or interest on any Security and remaining unclaimed for four years after final maturity of the Security has become due and payable will be paid by the Bank to the Issuer, and the Holder of such Security shall thereafter look only to the Issuer for payment thereof, and all liability of the Bank with respect to such moneys shall thereupon cease. Section 5. 06. Indemnification. To the extent permitted by law, the Issuer agrees to indemnify the Bank for, and hold it harmless against, any loss, liability, or expense incurred without negligence or bad faith on its part, arising out of or in connection with its acceptance or administration of its duties hereunder, including the cost and expense against any claim or liability in connection with the exercise or performance of any of its powers or duties under this Agreement. 0210448 -8- EXHIbi I A • .} ' Section 5. 07. Interpleader. The Issuer and the Bank agree that the Bank may seek adjudication of any adverse claim, demand, or controversy over its person as well as funds on deposit, in either a Federal or State District Court located in the State and County where either the Bank Office or the administrative offices of the Issuer is located, and agree that service of process by certified or registered mail, return receipt requested, to the address referred to in Section 6. 03 of this Agreement shall constitute adequate service. The Issuer and the Bank further agree that the Bank has the right to file a Bill of Interpleader in any court of competent jurisdiction to determine the rights of any Person claiming any interest herein. Section 5. 08. DT Services. It is hereby represented and warranted that, in the event the Securities are otherwise qualified and accepted for "Depository Trust Company" services or equivalent depository trust services by other organizations, the Bank has the capability and, to the extent within its control, will comply with the "Operational Arrangements", effective August 1, 1987, which establishes requirements for securities to be eligible for such type depository trust services, including, but not limited to, requirements for the timeliness of payments and funds availability, transfer turnaround time, and notification of redemptions and calls. ARTICLE SIX MISCELLANEOUS PROVISIONS Section 6.01. Amendment. This Agreement may be amended only by an agreement in writing signed by both of the parties hereto. Section 6. 02 . Assignment. This Agreement may not be assigned by either party without the prior written consent of the other. Section 6. 03 . Notices. Any request, demand, authorization, direction, notice, consent, waiver, or other document provided or permitted hereby to be given or furnished to the Issuer or the Bank shall be mailed or delivered to the Issuer or the Bank, respectively, at the addresses shown on page 12 . Section 6. 04 . Effect of Headings. The Article and Section headings herein are for convenience only and shall not affect the construction hereof. Section 6. 05. Successors and Assigns. All covenants and agreements herein by the Issuer shall bind its successors and assigns, whether so expressed or not. Section 6. 06. Severability. In case any provision herein shall be invalid, illegal, or unenforceable, the validity, 0210448 9- r (1110Y legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Section 6. 07 . Benefits of Agreement. Nothing herein, express or implied, shall give to any Person, other than the parties hereto and their successors hereunder, any benefit or any legal or equitable right, remedy, or claim hereunder. Section 6. 08. Entire Agreement. This Agreement and the Bond Resolution constitute the entire agreement between the parties hereto relative to the Bank acting as Paying Agent/Registrar and if any conflict exists between this Agreement and the Bond Resolution, the Bond Resolution shall govern. Section 6. 09. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same Agreement. Section 6. 10. Termination. This Agreement will terminate (i) on the date of final payment of the principal of and interest on the Securities to the Holders thereof or (ii) may be earlier terminated by either party upon sixty (60) days written notice; provided, however, an early termination of this Agreement by either party shall not be effective until (a) a successor Paying Agent/Registrar has been appointed by the Issuer and such appointment accepted and (b) notice given to the Holders of the Securities of the appointment of a successor Paying Agent/Registrar. Furthermore, the Bank and Issuer mutually agree that the effective date of an early termination of this Agreement shall not occur at any time which would disrupt, delay or otherwise adversely affect the payment of the Securities. Upon an early termination of this Agreement, the Bank agrees to promptly transfer and deliver the Security Register (or a copy thereof) , together with other pertinent books and records relating to the Securities, to the successor Paying Agent/Registrar designated and appointed by the Issuer. The provisions of Section 1. 02 and of Article Five shall survive and remain in full force and effect following the termination of this Agreement. Section 6. 11. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Texas. L 0210448 -10- j J c i`.._',1 J\. • IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. TEXAS COMMERCE BANK NATIONAL ASSOCIATION BY Title: [SEAL] Attest: Mailing Address: Title: Corporate Trust Department P. O. Box 660197 Dallas, Texas 75266-0197 Delivery Address: Corporate Trust Department 2200 Ross Avenue, 5th Floor Dallas, Texas 75201 CITY OF SOUTHLAKE, TEXAS L BY Mayor (CITY SEAL) Address: 667 N. Carroll Avenue Attest: Southlake, Texas 76092 City Secretary L 0210448 -11- IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. TEXAS COMMERCE BANK NATIONAL ASSOCIATION BY Title: [SEAL] Attest: Mailing Address: Title: Corporate Trust Department P. O. Box 660197 Dallas, Texas 75266-0197 Delivery Address: Corporate Trust Department 2200 Ross Avenue, 5th Floor Dallas, Texas 75201 CITY OF SOUTHLAKE, TEXAS BY Mayor (CITY SEAL) Address: 667 N. Carroll Avenue Attest: Southlake, Texas 76092 City Secretary 0210448 -11- ) City of Southlake,Texas MEMORANDUM December 2, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy,Zoning Administrator SUBJECT: ZA 94-125 Rezoning and Concept Plan/Southlake Church of Christ Ordinance No,480-156 REQUESTED ACTION: Rezoning and Concept Plan for Southlake Church of Christ, being 4.007 acres of land situated in the J.G. Allen Survey,Abstract No. 18, Tract 5C2 and Tract 5C3 and Concept Plan approval of Lot 3, J.G. Allen No. 18 Addition. LOCATION: 2501 W. Southlake Blvd., approximately 450 feet West of Brock Dr. OWNER/APPLICANT: Southlake Church of Christ CURRENT ZONING: "AG" Agricultural and "CS" Community Service District REQUESTED ZONING: "CS" Community Service District LAND USE CATEGORY: Low Density Residential and Public/Semi-Public NO. NOTICES SENT: Nine (9) RESPONSES: One written response received within the 200' notification area: * E.I. Wiesman, 2607 W. Southlake Blvd., undecided; see attached letter. One written response received outside the 200' notification area: * June Haney,400 Brock,undecided;wants directional lighting on the security lights and the lights in the parking area, wants all lights to be on a timer, preserve as many trees as possible and require trees and shrubs in the parking area. Also, see attached letter. • P &Z ACTION: October 20, 1994; Approved (7-0) ZA 94-125 Rezoning and Concept Plan subject to the first Plan Review Summary dated October 14, 1994, and with the following stipulations: 1) moving the south part of the parking lot west and north; 2) that every effort be made to address the drainage; 3) direct the lighting away from the neighboring homes; 4) that the current debris be cleaned up; 5) the temporary building on the west side of the new property be removed; and 6) the temporary building behind the existing church be removed at the first construction of the new site. 2A- 1 City of Southlake,Texas COUNCIL ACTION: November 1, 1994; Approved (7-0)to table ZA 94-125 Rezoning and Concept Plan to the November 11, 19y'4 City Council meeting. November 15, 1994;Approved(7-0)to table ZA 94-125 Rezoning and Concept Plan to the December 6, 1994 City Council meeting per letter dated November 14, 1994 from John A. Logan, Representative for Southlake Church of Christ. STAFF COMMENTS: The Applicant has met the review comments of the second Plan Review Summary dated October 28, 1994 with the exception of those items addressed in the attached third Plan Review Summary dated December 2, 1994. Note the changes since the second submittal: • Some of the parking area was relocated to the West and now encircles the existing residential structure(proposed as a child care facility). • Drive configuration has changed. See item#1 on the Plan Review Summary dated December 2, 1994(pg. 8A-7). KPG/bls L G:\W PF\M EMO\C A S E S\94-125 ZC.W PD r.M E. I. WIESMAN �4 ZA 94-125 2607 W. SOUTHLAKE BLVD. ; SOUTHLAKE, TX 76092 OCT 1 a 1994 . 111• OUR PROPERTY JOINS THE REQUESTED ZONING CHANGE FOR THE FULL LENGTH ON THE SOUTH WEST BOUNDRY INITIALLY, WE HAVE NO OBJECTION TO THE RE-ZONING CHANGE OF PROPERTY SITUATED IN THE JESSE G. ALLEN SURVEY, ABSTRACT 18, TRACTS 5C2 & 5C3. OUR ONLY CONCERN IS IN COMPLIANCE WITH CERTAIN ORDINANCES WHICH WOULD AFFECT US, LISTED IN THE SOUTHLAKE ZONING ORDINANCE, AS FOLLOWS: TREE PRESERVATION ORDINANCE NO. 585 THE REQUESTED ZONING CHANGE PROPOSED CONCEPT PLAN [ATTACHMENT "A"] INDICATES A PARKING AREA IN A CLUSTER OF LARGE "QUALITY" VARIETY OF POST OAK TREES. SEE [PHOTO 1] THESE TREES ALSO EXIST SPORADICALLY ALONG THE SOUTH BOUNDRY & IN HEAVIER NUMBERS NORTH OF THE EXISTING METAL BARN TO HIGHWAY 1709. IT IS HOPE- FUL THAT MANY OF THESE ESTABLISHED NATIVE TREES CAN BE SAVED. GLARE THERE HAS'NT BEEN ANY MENTION OF LIGHTING IN THE PARKING AREA. SINCE THE (111,110, PROPOSED PARKING AREA DEPICTED ON THE CONCEPT PLAN IS LOCATED JUST TO THE NORTH- EAST OF MY HOUSE, THERE IS SOME CONCERN ABOUT LIGHTING. IF OVERHEAD LIGHTING IS TO BE INSTALLED, THERE IS NO OBJECTION TO THIS, IF THE ARTIFICIAL LIGHT SOURCE IS SHIELDED SO AS TO PREVENT DIRECT RAYS OF LIGHT FROM CROSSING TOWARD OUR HOME. WEEDS & RUBBISH (536 & 601) AS DEPICTED IN PHOTOS [3-4-5-6] , IS STACKED RUBBISH ALONG THE PROPERTY LINE, INSIDE THE "BUFFERYARD". SINCE THIS IS THE PACK PART OF THE CHURCH PROPERTY, WE OBJECT TO HAVING IT USED AS OPEN STORAGE, OR A DUMPING GROUND. THE WEST PROPERTY LINE OF TRACT 5C3 FRONTS MY HOME, AND THE STORAGE OF THIS IS QUITE UNSIGHTLY. [See ATTACHMENT "A"] R V PARKING (480) AS DEPICTED IN PHOTOS [4-5-6] ARE TRAILERS & VEHICLES PARKED IN AN OPEN AREA. SINCE THIS IS THE BACK PART OF THE CHURCH PROPERTY, WE OBJECT TO HAVING THIS AREA USED FOR AN OPEN PARKING AREA OF SELDOM USED TRAILERS & VEHICLES. THIS AREA FRONTS MY HOME. [See ATTACHMENT "A"] . * AS A MATTER OF INFORMATION ONLY: THE "OLD JELLICO ROAD" FOLLOWS THE CONTOUR LINE 662 FOR THE MOST PART TO THE HISTORICAL MARKER LOCATED ALONG HIGHWAY 1709 [SOUTHLAKE BLVD. ] SA- October 14 , 1994 Le Ladies and Gentlemen of the P & Z Commission , My name is June Haney . I live at 400 Brock , Southlake . I would like to express my concerns about two items on the Oct . 20 agenda ZA94-118 and ZA94-125 . Both properties are on W. Southlake Blvd . a main entrance to Southlake . This street should set the tone for what a visitor can expect to see in our city . Since both of the properties have beautiful trees on them, I urge you to take the time to personally inspect the property with the expanded parking and buildings in mind before the P & Z meeting on October the 20th . Sincerely, 64 i/f-C_, kCII/i,el, une Haney /2 ZnrTh L :rp Ll OCT1 :r c f\ t uT �i Ir ��Ef�t vl _COh�A--- �J NES RAKE OTY LIMIT [7 • r ___ �, II _Z KELLERMI WI OTY LIMIT Ors iW "�pp�111 ,p�.M�1Y_ 1�' @ p It IC7 t ICJf I .:A... ,,I ' 0. -?- I [ tr... ; _ '5 JAN_- rY 7-r F__, �. ` ' y -' 3El' � C,f� . Y � i T ,, , ,,V • I. MI- • ..• 11-1-5,-A cR J. WALKER • :E' ' '1 �' l IHMITII GAI :er I",r.p;A'. i�l ISO N [[.jj' .i . , :Mr 4-. .. - -,,_q :. : :::',--4-F t1.--,,_ Maitill11161111.1111 i i Ili:::.-i:_:11_,-_-: :: . '':-:-Y-7-.24*--,rX°61111'-- .... ■magi- ' r� :MI 7 .' i- KELLER 0 OMNI 1 _ , ••..•••• `a--PQi _�: ......__. - - t 711f - DI 7D.Y >-I K _ 1 . f-Mi SAY n I'3 . FOB. -E.' .• . 1''. /. -- iiif ., `...,,4 .1 ,/ +f i © i - 4R • . • :VIII © sA zl , `� 7 ? 9� aAe �' •j." ..��--I.' r011 JII IJOF04l� J. I�WE8 OUR �, 7,A1 zs or (�•{!� l: • miiii -- .4 fr /3 Al 1 ••.;, _ , \ • , f__ • :T • u!1 .�. IIIOo�• NEB® _ -I 1- I 1 I ` ,, ,, , . P �N VICE II 6 iiiiiiii " . ____ ` BAKE . ��dJ IN P • _,__ __ r um IL4 �� __ QAl CARRDLL ill - 7 4 r�1 SCFIOOL i • -7 4- 1,E5t,1?E5� ---- (:�,, •;�'Y! ar .r HIGH SCHOOL 4"j.y S 6 •.. -- 1'M.". A 4 1. 7 ::,. ., QN ', 0OW • , __. 0v. ,�NG 7 ' , 1 1 n EKE I n - l �. Y , •KER '2 ,_ ,._ Ell— .4 S Y �.'i7!'4'1LiL�ifWIYA1.i:�, .�VA�p ! _-_- O q U �p 7 U >,A'T• O YI r `V,N __ 1 K 1771[ I11 4 •__PII�-_..I q Y 1J� I�M/� 70 4 1Y CO Y17 •1 All O , •:• V , !.[ w. Yb®V9W71 -_L q At Y �, A7 If11 _ I Y J. IM I M UI i-,IOS a s m. 5?I f�ID © « • In 1 I.sU !w 7 1 IA PA K I GINGtlRL y P' mg IN-� 00N- Vet -- ;1 YHIORa/A� :I OPd KN — ..:. se 0 •4la.�.. .f7. Y 1.At M A. 111•1 i, Y, ©IC I ..'1 ....� .H 4 ,Y�.I _0__Il 11 1 1 I I i.1.1.1f '�, ...•Aa ., k /cA I. 1. , AS 7.;1;_ i.�`T!<- 1. -. E d 14 R0 ,� Kl �}11-Y1A +f7 w 1.1rt . 17M i 3' — 3 q • ifi' iii 1 JP 1.i"/ . • ii x, -• _ I�i� _ .a E5 CARROLL ES ESCYONYARY I .7" - _ > TRACT MAP SCHOOL cr. ----R.\„.... 11/ A.hir�L "" 1 sur I • IN�t ilI lu ll b. pOUNw1P3O Ic P • MET 10 t`\_._ /MI ) t IRBS A-5 . !£ /l /f� 1 9F — .L.: . . __ . Spin #15 Representatives Wayne & June Haney 4 L 1- "AG" 2 D 1 2C1 4 2C15 AG H.White ' 2 F 3 2• � -- • "SF- 1„' N. Miller; "SF-1 / " "SF-1" 2 1 A s��vAN s 3 State of Texa / 2/ 1 11111.11.11. 5 4 .� � 1 (' 5A2A C �, - A1A �'5 ��T" 5A EU �') ri - - o _ . ____ r : N u) m• o t CY o L i "SF-1" "CS1 „AG„ U-. . — . — " "SF-1" o 5C1 m E. Wiesman Q t 0 "AG"l "SF-1" )1, — • Q I= E. Wiesman ' )_. . ___ . _ 53 -� - - - 1 5A2 L_ . _ . _ 15. 4 Ac ADJACENT OWNERS AND ZONINGI i - i • ' City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY CASE NO: ZA 94-125 REVIEW NO: THREE DATE OF REVIEW: 12/02/94 PROJECT NAME: Concept Plan for "CS" Zoning Request for Southlake Church of Christ, being 6.8 acres situated in the J. G. Allen Survey, Abstract No. 18 (Lot 3, J.G. Allen No. 18 Addition + 4.007 acres, being Tracts 5C2 and 5C3 OWNER/APPLICANT: ENGINEER/PLANNER/ARCHITECT: Southlake Church of Christ Carl E. William Peiser Surveying Company,Inc. 2501 W.Southlake Blvd. 4525 Belknap 1333 Corporate Dr., Suite 103 'Southlake, Texas 76092 Fort Worth, TX 76117 Irving, Texas 75038 PHONE:(817) 379-5298 (817) 834-2806 PHONE: (214) 714-0420 FAX: FAX: (214) 714-0282 CITY STAFF HAS RECEIVED THE ABOVE REFERENCED PLANS RECEIVED BY THE CITY ON 11/21/94 AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT KAREN GANDY AT (817)481-5581, EXT. 743. 1. Clarify the intended points of access at the northeast corner of the site. It appears that two separate drives are proposed adjacent to each other with the westernmost drive running parallel to W. Southlake Blvd. before entering the parking lot. If this is the intent, Staff would recommend the elimination of one of these drives, thus limiting the site to two points of access. 2. Show the proposed relocation of the portable building being utilized as classroom space. If this building is to remain at its present location until May, 1996, delete the "relocation" comment from the plan. 3. Bold the property lines and the boundary description. * Adequacy of parking will be determined upon submittal of the site plan and will be based on the total seating capacity for all areas of assembly (ratio 1:3). Maximum seating capacity shall be 507 based on the 169 parking spaces shown. Note that all parking areas shall be constructed of a dustfree, all weather surface material. * The applicant should be aware that prior to issuance of a building permit, a site plan, landscape plan, and irrigation plan along with the building plans must be submitted for approval. * All signs and culverts must be permitted separately. * The applicant should be aware that any revisions made prior to City Council must be received at the City by December 12, 1994. All revised submittal should be folded 6" x 9" and include an 11" x 17" reduction. * Denotes Informational Comment I (lir, cc Southlake Church of Christ Carl E. Williams Peiser Surveying Company, Inc. It a - .9 at' S l 1 t h- i ; 63 is i e r.c 14ssRA I i ®- ' HI' 10 1 - i E 0" f z im. I. o< J fil•5 1 !ii f zI. s '� Ii'.1 2 VVV t J Y iv -a . 1'. 5p a . = n III " Phi ' iibg vi j 5 a . N • i 1g in t u s=. 1 i i 0 A • i 11411 1 : i - i i i • { i • 4 2 - G _ ,_ it • tea = ' E : .1 sal Y A,f 3 _ . - '.s 1 46, • I No, _ ' • 5 C.. I, s, ,z,u is - . r I il if I cola.`•_ =e•ee. ` — \\ \ \ \ , \ \II 11 11/4 \ ♦ \ \ ♦ `� < I / sraaqui � • `; 1, ;j.J� \\,\\"' , \, \,\ '`.\`. • '\. ,\` ``'♦ '..,� ' - 1t\, wi� II 1:.,, t,,1\\\\\I` AR\\`, \\ . \\\\` \` ```` `'s`h`C .. t:,% sgligipliW;e:it i i :I r. \\\\‘‘:‘ ,\‘, .1...24‘-,\\::\\:\\\\\I ', ' I -----/// / ,•' ; 1 1-7.-A '.. s.,\ \s\..\\ s‘ I ‘,( 1 �11 1 -_� �' _/ ' ' a1 ai : _1 1 lilt F.,: a i : ...._ __.__. , -• - • V....:.a_..._►.-._..... -as-etri.:w./1;iZ:r....J.+..i. a."� — _ .-142_-siS..: - - '�. • fikr• CITY OF SOUTHLAKE,TEXAS ORDINANCE NO. 480-156 AN ORDINANCE AMENDING ORDINANCE NO. 80 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 ,pq-,Nqt.1011, N :. q a .(, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT"A"FROM 1 ....� ' ...E SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING 4 MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING f�� 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 " G Agricultural 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 GAORDAZONING W 80.156 Page 1 �P—�i 3 ' 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: L G:\ORD\ZONING\480.156 Page 2 $A- Ip Ben acres of land situated in the '�' +�.�ut*:64Abst�',"��t ci .` t 5C 3,and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from to " 'if omm uni for & ..,.,. chi ,.:reto '1 c 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 (bor 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 C:\ORD\ZONING 480.156 Page 3 �a-II 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 ten(10) 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 officiaa1 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 day of , 1994. MAYOR (1■•• ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1994. MAYOR ATTEST: CITY SECRETARY C O:\ORD\ZONING\480.156 Page 4 (6., APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: Err±CTIVE: L L O:\ORD\ZONING\480.156 Page 5 SA- l3 EXHIBIT "A" L Being 4.007 acres of land out of the J. G. Allen Survey, Abst. 18, Tarrant County, Texas and out of a 17.871 acre tract of land conveyed to Louise Cooke as rec. in Vol. 4068, page 529, Deed Records of Tarrant County, Texas, a distance of BEGINNING at an iron pipe in the South line of State Highway F.M. 1709, 2485.4 ft. South and 3109.6 ft. East of the Northwest corner of the said Allen Survey; THENCE WITH SOUTH line, North 75 deg. East, 76.39 ft.; North 79 deg. 45 min. East, 243.05 ft.; North 79 deg. 09 min. East, 105.ft. to a pipe, THE PLACE OF BEGINNING OF THE LAND TO BE DESCRIBED; THENCE NORTH 79 deg. 09 min. East, 338.7 ft. along said South line of F.M. 1709 to an iron pin set for a corner; THENCE SOUTH 581.2 ft. to an iron pin set for a corner and said point being in the most Southerly North line of the Wiseman Tract; THENCE WEST along the Wiseman Tract, 301 ft. to an iron pin found for a corner; THENCE NORTH 3 deg. 30 min. West, 518.4 ft, to the point of beginning. (ire G:VORDZONING\480.156 Page 6 EXHIBIT "B" i = f EE O Y o i E w 'c i , i i a 7 I 1 EE ou 1 i o I ; - 9 ; V 34 w C • + .j/ 7. t = z w .. c7 § El ! F.1 •�L fG t Is??? I 1 1] J , .:1 —i i i� • p ' i a222 y f o < 'I y • 18 £ i Z i i! . 77i e y ais: It i z " .4 y y f3 i 9 is ; V W ' _ i POI iE c g E If • • e 7 ~ -i= i �'O, I *ti• I •• G W - i If'00 I N., - 9 I. i (II G — • 1; • � _ ;i Si IDO00 4 s I i • o �� !siWOG. I::-• . 11\ 7tii,::• ,:a v .._ . _ , ........, ... --„,„\- . , \‘‘,..,..,...„..._ _____..i. . . _ _ ______ ..._ ... ..... ... \ ,‘ ‘ ‘ ..\,, , _________ , �■ I `. �_\` � \\ \ \ \\\ �. k i ' .G :` `�` \` i \ \ ` '```� 1. IlltI„ :. : ; : • J. ' \ \ \ \ \ \ ; � i `- , • :6.611-.Z.:-.. .;:... :• ,, ii. v..,‘ .‘_s__\_ 2 . ‘ 2 . : :, t. i 2 tr: , 1 . ,,, ,,,a11... iiipi;\t• 4 I\\ 0 ,‘\ \ \ ,s ., \ ss,,,,L s i i . • , „ \ ‘ ‘s ., \., \,, s.,, ...... _, , ,,„' I a3:;�\ \ \ \ \t ;yr ts w. G ‘,. G _ —_-- 1,4-,-\- - \\,\ \ o\` --,•- \�— —'c4.' t,-,-11-1 -----toor, , \ ‘ s _,... ‘, . . . i,,•...." il \ ‘, \ •, -• • •, ‘, .,, ,, \ Irx —____,y,, ,, ,,, : i ,A., . \ . . . i Ordinance No. 480-156 i I ' . . • Y Page 7 u F_ u _If_l_ai: ,=:- .1 2 , RA —15 r City of Southlake,Texas MEMORANDUM November 11, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy,Zoning Administrator SUBJECT: ZA 94-125 Rezoning and Concept Plan/Southlake Church of Christ Ordinance No,480-156 The Applicant has verbally requested that this item be tabled to the December 6, 1994 City Council Meeting. If a letter requesting the tabling is received from the Applicant before the packets are complete, it will be attached to this memo, otherwise, we will bring it to the Council meeting. KPG/bls (1.9. SA - City of Southlake,Texas MEMORANDUM November 11, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy,Zoning Administrator SUBJECT: ZA 94-126 Plat Revision/Southlake Church of Christ The Applicant has verbally requested that this item be tabled to the December 6, 1994 City Council Meeting. If a letter requesting the tabling is received from the Applicant before the packets are complete, it will be attached to this memo,otherwise, we will bring it to the Council meeting. KPG/bls 13 -, City of Southlake,Texas MEMORANDUM December 2, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy,Zoning Administrator SUBJECT: ZA 94-126-Plat Revision/Southlake Church of Christ REQUESTED ACTION: Plat Revision of Lot 3R, J.G. Allen No. 18 Addition, being a revision of a portion of Lot 3, J.G. Allen No. 18 Addition, and 4.007 acres situated in the J.G. Allen Survey, Abstract No. 18, being all of Tract 5C2 and Tract 5C3 LOCATION: 2501 W. Southlake Blvd. approximately 210 feet West of Brock Dr. OWNER/APPLICANT: Southlake Church of Christ CURRENT ZONING: "AG" Agricultural and "CS" Community Service District REQUESTED ZONING: "CS" Community Service District LAND USE CATEGORY: Low Density Residential and Public/Semi-Public NO. NOTICES SENT: Nine (9) RESPONSES: No written responses received P &Z ACTION: October 20, 1994;Approved(7-0)ZA 94-126 Plat Revision subject to the Plat Review Summary dated October 14, 1994. COUNCIL ACTION: November 1, 1994; Approved (7-0) Applicant's request to table ZA 94-126 Plat Revision to the November 15, 1994 City Council meeting. November 15, 1994; Approved (7-0) Applicant's request to table ZA 94-126 Plat Revision to the December 6, 1994 City Council meeting per letter dated November 14, 1994 from John A. Logan, Representative for Southlake Church of Christ. STAFF COMMV dTS: - Applicant has met all the r�4-:;w comments-of the second Plat Review Summary dated October 28, 1994. KPG/bls G:\WPF\MEMO\CASES\94-126PR.WPD SR- nfSILAKE CITY LIMIT r --- - 1 -r- rl--1-�' KELLER CITY LIMIT a +�©!® , _al _ - -- t .�OHQd G691LDR 33 . S' JPNE.5 E'- ■ GROG GRE rR poos W. J. IN A.LKER �` Iliiitl©fit' -- R, ,. .." B 34 F. i_i_i: ii Es:inriiiiiiiii. -- 1.,.- gor maw Jim -- • ..-r. :. :'-,-4-, 7- inia YES I ' J° N L �r�.'�� •'_� r- KELLER 0 n - + ' _ •....r'• Sil.‘ '•p�Dt_ :•v . m© �� a . ©© ;.....,ran • 1- .s' ©© .r rz.„,, s'ilL If; libli SWORD Q m . •;' �� •G ishi .. 1� � Mi - �® P Fi7EZi /'` !ar •r '��! _ -S®nom � I ' ! 1 _ _ _r::T:';4 1111 fir©© ^r ._,__,. .._ _ , 11 : 1....i . ''' j - """ "_'" a. 1QE_, V*. - .�-f.: MU t' I-' FIARENCEP" " ,-- 8K r P .... 1 ( n ' SCHOOL .,,.. �. �E fir'-- '� CARROC7LL irriC'� . 4 1� pt�'r iI�► ¢� • HIGH SCHOOL T ��'� • i ;1, c7q u. ---"IIIIIIIIITp a• � s. I:.147,,71,6,1,...:-. Gi ' ' .a ---- i '! ow , .:00tiftic.i-A,1,;6v.'i .E3 illi.........,...- - -!i L. - a. • .a, _� � 11 = A.'s all NUE Li - 6 . 4... n - � � �. GENE. I � ,Ls. --pIR--- r. s. Y R1lN Ma , I! .N I k Y. r 1 IIst f'Lv 0IRes._ I GERS Li pa h� 11 16`�� Yb04�A1r�3 ', ®m GiNNO�t Y 7 IC + Ipp� yp?Eg �• ........• (�i i� • an.. an. nrru ac• ��'I L �_ aas. •[.•' I Z .•i• • .,- , ` ,..w ,..1, i 1 0 ill A„ 4 Ptt . .4 3. p KELLER- CITY LI I _y __. ___ ,-'-c--' Or°Co,1 ---'-1 6 111 E cARRou• �•' IlI ;�• � ELEMENTARY I f",t ,; _ ., TRACT MAP nk �l�L \ I /�' { SIN 701i�P301‘. I - :GPpR� M5 P, b - CD 1 fin' l J�_ — — — . — — C r .: . , 01G' G x. s OFj-� r«. ;. pus \ Spin #15 Representatives Wayne & June Haney I 2F - ki... -, . 2F1 2C14 2 C 15 N. Miller R. Miller 2 D 1 „SF-,"! 2F3 1 . H. White 2 1A� V2/ ANL ►. KE State o'leXas O , Ril _ . _ . MOW. 5 i .....J 1 5A1A 2f J. Hettinger "SF-1" 5A2A — 2 �' 5A 0 — . — r A. Peters 0 1Abli � 1 • c Y as 0 5C1 w cy "AG" — . E. Wiesman — "AG" E. Wiesman J. Horton r--)--0 j- __,../\ I} . J c i) . - . _ 53 5A2 1 i_ . _ . 15. 4 Ac I ADJACENT OWNERS AND ZONING I I (6a- 3 t o City of Southlake,Texas PLAT REVIEW SUMMARY Case No: ZA 94-126 Review No: Three Date of Review: 11/11/94 Project Name: Plat Revision - Lot 3R. J.G. Allen No. 18 Addition OWNER/APPLICANT: ENGINEERJSURVEYOR: John Logan Carl E. Williams Peiser Surveying Co.,Inc. Southlake Church of Christ 4525 E. Becknap 1333 Corporate Drive 2501 W. Southlake Blvd. Southlake, TX 76092 Ft. Worth,TX 76117 Suite 103 Irving,TX 75038 Phone: (817) 379-5298 Phone: (817) 834-2806 Phone: (214) 714-0420 Fax: (214) 819-7280 Fax: Fax: (214) 714-0282 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/09/94 AND WE OFFbR THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT TOM ELGIN AT(817)481-5581,EXT.753. * We find the applicant has met all the requirements of our previous reviews. This plat is apparently ready to file in the County Plat Records. (I.l * Original signatures and seals will be required on each blackline mylar prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x 11" or 14" paper) with original signatures and seals on each. * Denotes Informational Comment Cr cc: Southlake Church of Christ Carl E. Williams Peiser Surveying Co.,Inc. y 4,, ii :1l e�d i - i 1 lti 1 e 3sij _ 3elii i I'3_ I •e=:i crer"=is= :3_i = a s. 31 5 Is is :11111 ii • Isli3 li 3 'i 2 1 - 5:i. i i =i ggx8:': ,ll s i Bjw 13El i- 11tI` 14; i5 1.!j 1i •ei 1,1 #� ` i 1 11.1i ~ IvaS i; Es:ge ikil I ' :i 'id ji !! 1; i .ii t '� iI sIe 1 .a 1.�1::. x iI1!rI: 1 €> :i� I' ii i - - I' •i -p: - ii_ .i < i . IS_11 j •i r l' 13 • =�"` i ^ it; lq 441 li 5 1 1 1i 11x! f1 li 1 illisii 1 i s site i i i s tx S_ gg i 11810 # '111 - • i 1: €f1 :ills e e e a ei ill: is 8i 1 gfi 1#i i I ,e€!: 1114 - i lilt= lls a1 ai = i 111 I • , 1111 x = 5 • - �r3'. Ill hill Tiler 111h1 >r i11 r h,, . x °�° t 1 l 11 1 1 ,.•••.•_ fiitY eii i I}i li 1 I I k A a\ \ 0Yaa b • c'\ 1`1 • jI L \ 11 fit t I \\ % , a, Iv t 11 � —o�_'_ — $s 1 M » b00 �s0 _I ? 1 1 Y y� b 1 ., :>) r _1 .1 C.0 1 i ...9 -• :, ; t 11 A 1 1 _ - ' 1 : 1 .1 C r i d 1 1_t Si 1 !_t_r_J W 1 \ 11 11 \ < is . li 1 1 _ 'aa A • 1 1 _-1��..-.,,.,�----- �_� ----- ..a. • \ w 1 f 1 1a 8 1 a aZ City of Southlake,Texas MEMORANDUM December 2, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy,Zoning Administrator SUBJECT: ZA 94-118 Rezoning and Concept Plan/Timberlake Community Church Ordinance No.480-153 REQUESTED ACTION: Rezoning and Concept Plan for 15.218 acres situated in the J.G. Allen Survey, Abstract No. 18,Tract 5A1 LOCATION: Approximately one-half mile West of Davis Blvd. on West Southlake Blvd. OWNER: Ray W. Washburne APPLICANT: Timberlake Community Church, Phillip Bressinck, Agent CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "CS" Community Service District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Nine (9) RESPONSES: Three written responses received within the 200' notification area: * Douglas Beavers, 2271 Union Church Rd., Keller, in favor. * Karen Kay Hawkins, 1201 Limetree Ln, Irving, opposed; it breaks up the future development of her property and will cause too much congestion. * E.I. Wiesman, 2607 W. Southlake Blvd., undecided; no objections if the request is in compliance with the zoning ordinance and tree preservation ordinance- Section 39 screening/glare. One written response received outside the 200' notification area: * June Haney, 400 Brock, undecided; the security lights need to be directional, parking lights need to be on a timer and directional, as many trees as possible need to be saved, buffers need to be on all sides and the sign should be as low as possible and with low illumination. Also, see attached letter. P &Z ACTION: Approved(6-0)Applicant's request to table ZA 94-118 Rezoning and Concept Plan for Timberlake Community Church to the November 3, 1994 Planning and Zoning Meeting and Continue the Public Hearing. rlA- I City of Southlake,Texas November 3, 1994;Approved (5-0)subject to the second Plan Review Summary dated October 28, 1994, deleting item #3 regarding the Thoroughfare Plan showing a local street along the west side of the property connecting W. Southlake Blvd. with Union Church Road. COUNCIL ACTION: November 15, 1994; Approved (7-0) First Reading, Ordinance No. 480-153, subject to the third Plan Review Summary dated November 11, 1994 deleting item#2 comment regarding the Thoroughfare Plan's proposed street connection of West Southlake Blvd. with Union Church Road. STAFF COMMENTS: The Applicant has met all the review comments of the third Plan Review Summary dated November 11, 1994 with the exception of those items addressed in the attached fourth Plan Review Summary dated December 2, 1994. Note the following changes have been made since the November 15, 1994 meeting: • Reduced the number of drives from two 24' drives to one drive centrally located with two 24' driving lanes and a 10' median between. • Removed the parking West of the building and shifted the additional spaces to the South. (Increased number of spaces from 385 to 398.) • Shifted both phases of the proposed structure approximately 25'to the East. See attached lighting data. KPG/bls L G:\W PF\MEMO\CAS ES\94-118ZC.W PD , October 14 , 1994 Lye Ladies and Gentlemen of the P & Z Commission , My name is June Haney . I live at 400 Brock , Southlake . I would like to express my concerns about two items on the Oct . 20 agenda ZA94-118 and ZA94-125 . Both properties are on W. Southlake Blvd . a main entrance to Southlake . This street should set the tone for what a visitor can expect to see in our city . Since both of the properties have beautiful trees on them, I urge you to take the time to personally inspect the property with the expanded parking and buildings in mind before the P & Z meeting on October the 20th . Sincerely, tr --217.1 nrp G�� k G� ri C T 4 1994 ! une Haney Li ,; r r T-;(1111re t L rip, - 5 61 • r0ro I' L : I Ev ,n III IT ICI ....,..:: 140 {0 `� •K " 5; t- �---• CREE)'-1pN-- -YI P CROP r} A uI x Tilum I, • -• ' ' ••'i -- :01- ' 22\ y L., I+%' • 0� M ' \OIL c WY 11 .. TIC w �D -_ • < !�N IrS I O SW.r -.o. ;E - ;g.;,' .Is�A-�'�'• __ a w7 �l Q' `"-G---- 5; , ' " felt?:IEt 1111' lit--- - 'I -h wow ws w, I ulnc _ :.... I .•t i �.�r,Y�r n ul.s �I 7-r, _ A i r- KELLER 0 LIMIT i - i 111, •�•�•,s•'.. '� .a :i+ • —s» w w s 5[su a s + ~f• oeI t RD CI MO" AaN r I °j f_ EP" '0- 04° 0 -iLadlii-4.!.,.;......%,_. - •'.1-4 , ••;•••,',?-••••;i' vim'-- FAT w x, I *N.rnii _ t _ - , I I , . , ,: Y`r lc,g,tr I I ' , NM �r, y r. At Efi I +, T ? o�'GE . ` �- JOHN J. FIRE3HOUJR 7JAe ' YI - ( _..k' 4 — !." _ «+�•�_ - JL a.n••-7l 1,+r LSk 'As ; G 1 .__;: _1-1-.•-_ AT ..- _:._-_ lui .bt,_ : i 'P°ill 1 4 1115E1 ( , _ . •f3'i if -5, 9 ti. .. .. --F------ - - III _ PII\PIentKE _-� vc_ ATE CARROLL ^rt.; x _e SCHOOL 17l A< r- 5� —, HIGH SCHOOL a, _' f -J--- -" SCHOOL 1 o. .i1MB p?E5? 11 r� t� w u7 ,r , C�•...r% � K. ;<� ACV -:' E51 - o ,'r',k \, hir 1 �� ESfi = ' u.< G. ' �' G 9.F": Elk' - N.J. {P�:�.=' r: i I ��•',,�7 iiir'; ' e;14 ---' . ---eg..,45 at ---- -- --- - liiiiiiiiik, - I in i'''_/' U6 ' I 'r '0.''. '1..1-4+i- ii, IIQ? ' 7.1 ---- I BAKE L 1_`� - 7`.1"a " • i., e31A , r �.E1 � -- i -A----- o to n 7 p '" 17,11 nY r A n�n Y,M (�! "' '° 1+. CANER I S 4 K at M ..5 s PA I N` YHO�ItdH }I, IY m Up Y17 4 «1 Ill O _• - IA $ I 1 1 .. ( » M K sk • « « '"'l , PAR i .. .MyR� u . to i ma s r G10 o L _ -Ionia segl�H I ql THO IAS ; -,.,:';•,'.N KO '.. : _ r _ + ' AA.71A 51s14 FAMMIIIIIII �� F54PtE5 `�L; �I ' •N. 1 II 114 I AM At iii (1 /yl_ru i '�'A i illiti 1YN I�p YI � I. w51: I 2 [y, 11111J © 4 Itl K•' Y 1C1 III a vN KELLER CITY LIMIT CARROIL • .s ••1 -�E$ 0 H, IIn,. EIEYENTARY - r- 4 E57p I SCHOOL I- t. , • .I •j « " ' L.A. CLAY 9APfeCH +K n. \ nA. I- . --' -t::1 _,, {A1E�', E A_,« K L/� «A< !s PAR - �/��, D TRACT MAP MATES i...� 0 _L---- / I : : :.t.'ff .:':c'.'''/ � flOp. , >oI ,_ . : : _0 ;:______7__ m'YI O SUBDIVISIONS, R • ADJUSTMENTS, ADDED HOADS , . 20 4 J7 r=i 4 _J • J J W W -3 TR.2F \ 2.71 @ 3 TR.2F1 16 I 2.03 @ • 19 TH.2C15 ' T 4 "SF-1" 1H72 AC 1.78 Ac 2 36 clooe TR 2F1A jP 2F "SF-1" —• - H.White �� J.Hall "SF-1" "SF-1" 1A 1B •-6 227 9CAC TR.2C26 18A 17A 1 1.63 AC L II SPIN #15 REPRESENTATIVES C-) 1 1.06! 17B TR 5. JUNE AND WAYNE HANEY TR.2C26A 18B �eXag , i.2C27A 37 @ Of A ., a SkaLO •.6 @ TRSA TR.5C3 TR.5C2 .94 Ac 1.53 @ 1.57 @ 2 . 3 - - '1 TR.461 "AG" 3.‘g, 1.22 Ac TR.4F1 1.58 Ac 3 y 5A3 -- I .80 AC ' CS._ "AG" T .5A 1 227 Ar TR.5A2 -- 4 13.482 AC ‘11101e E.Wiesman "AG" TR.5C1 TR.4F • 9.56 Ac TR.4G 8.39 Ac 8.62 Ac K.Hawkins I TR.58 3.10 Ac -,no / �7 T 5A Soo 5, 7 433 3T105AC SOR35CAC BAC "AG" "AG" y r; 4 11 D.Beavers E 2:N..AG.. co IN/ r U 0 0 p U 5A r1] "- TR 6E / TR 682 7.34 AC A.0-- TR 6B 5. @ (11110e I � 1 J • JRVE 5.002 @ TR 6A S A,10 "AG" ADJACENT OWNERS TR 411 AND ZONING 19.70 AC City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY CASE NO: ZA 94-118 REVIEW NO: FOUR DATE OF REVIEW: 12/02/94 PROJECT NAME: Concept Plan for "CS" Zoning Request for Timberlake Community Church. being 15.218 acres situated in the J. G. Allen Survey. Abstract No. 18, Tract 5A1 OWNER/APPLICANT: ENGINEER/PLANNER/ARCHITECT: Timberlake Community Church. Inc. Alan F. Nelson Architect P. O. Box 92683 502 W. Oak Street Southlake, Texas 76092 Denton. Texas PHONE: (817) 481-5775 PHONE: (817) 566-0266 FAX: FAX: (817) 566-1295 CITY STAFF HAS RECEIVED THE ABOVE REFERENCED PLANS RECEIVED BY THE CITY ON 11/21/94 AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT KAREN GANDY AT (817)481-5581, EXT. 743. 1. The Thoroughfare Plan shows a local street (50' R.O.W.) along the west side of the property, connecting West Southlake Blvd. with Union Church Road and is appropriate in a residential area. 2. Extend the twenty-four foot (24') fire lane along the first parking aisle South and Southeast of the Phase Two construction. 3. Show phasing of parking lot construction. * Adequacy of parking will be determined upon submittal of the site plan and will be based on the total seating capacity for all areas of assembly. If the ultimate seating capacity is 1,200 seats as indicated in Phase 2 and if the gymnasium/multipurpose worship center shown as Phase 1 will not be utilized as a place of assembly, then a minimum of 400 spaces shall be required (398 spaces shown). Note that all parking areas shall be constructed of a dustfree, all weather surface material. * The applicant should be aware that prior to issuance of a building permit, a site plan, landscape plan, and irrigation plan along with the building plans must be submitted for approval. * Delete reference to monument sign from the plan. All signs and culverts must be permitted separately. * Denotes Informational Comment cc Timberlake Community Church, Inc. Alan F. Nelson Architect (pi Ik- �0 ••S 1-••• XV d •S O-••1-a 1• ea-1'h 'ON 3SVO SVX31 •3Nv-ImifOS I- - ••••I •..I.•O '1• II•O 'M SOS € W e 1 1 3 11 H a ;:=1 : M02ffIH0 A11NflWUO 3aVla39Wur aOd a31N30 dl4 om m3N NI Ci 3 Ia O O 0 • Y i !pl ;p 113,,3t1032! '�NINOZ S0 2JOd NYld 1d30NO0 IX Vto `O P / 3 i P�` Eb ,1:t? d : Z sr. h t5.'/iipir O h J ' 1i 3ji ? °1r' IIIx' ii . ` 9•.� I I • z P I is pf l aEa14if ;• ' fit,il Mi t O Orin <�O . ...r l0 4 1 I _ T if gal 5 i OrsitRa I i.�• i tt. ( _rri..i ..' II ,I _.j:::: V 1 -',Gift II _:?' I la; Il ;II 1 'f i _ ! c .1 92 (IP' 11 II i .14 k 1 -IM 1 ,, ? „i K « ii le-- 1 I i : : il ! : 1 , 14 I To A , fi , II i I I I I111111 a� II\ 4, ....... IIIIIIII 1111 j .11 k• ill.: 0. EijiI Li I — I\ — it o I ` Ili o I .. I I I I `t i X i' II; D k 1+� ! i • , ! III # ' tiE ,, � r ylz� 1 11 +•0 :gill ' 'M PIZ gilt ou II. t ly rr t 1 �t. I ,. ut`= I ri• 1'113.0 p'4014FR1 dibigl (paropi 'I 1 is ii III ��!!!j �t .iI`,}��y` aid 'fir ` 61' (IM-a b5.ON Q — I 14 -..z,,lr. . — 1 It Di�mrensions Standard Recommended Executive Luminaire Arm Mounting " xec Wattage Size Dimensions Height _ ,' , CXECUTIVE 20 up to 16"x 20"x 6" 2"x 4"--8" 7'6"to'eJ' 250 watts -' XECUTIVE 25 up to 20"x 25"x 8" 21/4"x 6"- 12 15' to 40' 400 watts EXECUTIVE 30 up to 23"x 30"x 10" 21"x 6"- 12" 25' to 40' 1000 watts Mechanical Features • Unitized NEC requirements. All fixtures bear ballast/reflector system, hinged and the IBEW and UL label. removable as a unit. Easy access for Options•Photoelectric control recep- installation and maintenance. • Re- lade • Single or duplex weatherproof Hector is hinged and sealed against a receptacle • Luminaires can be wall one piece E.P.D.M. gasket. •Thermal mounted • Baked enamel or anodic A and impact tempered glass lens.•Ex- hard coat finishes available in a wide ' truded aluminum arm with galvanized range of colors. steel threaded tie rods. • Extruded . oPj't\ aluminum lens frame with accurately p�1 `�mitered corners,.secured with internal .` Ilk IP. corner keys. O � i Photometric Flexibility • Die- . funned, semi-specular reflector sys- tem in standard IES patterns II,III and ' V. A Forward Distribution Reflector is .. also available. 1000 WATT EXECU- TIVE 30,identical in appearance and construction, forward distribution reflector or with bilateral field-adjust- able reflector. Designed and man- ufactured to meet or exceed UL and - • • •• w►. i ,- 144 ' fi. 1, i � , � - lit fi Alit k , , 4;..t - 4 47, 1 +I ` ,, , . . , _. ,.. , ._ . ....._ , 4... : " '''''' -. . 1 1 , , :,.. . , ..: f. ., 1 .. r ., ., t, 11 .s, 4/ 4 �r r f J •Y l q�yy (t•F t�,. F Ai I .. ._ f , r a x ,� VVV STERNER 11 • O rr.f 1' it f t • V� j{[ 4 : { u tr 1 s t }77c r 5 Sa` } 4fY ' 'qc.''t t t • L. ?r� t ,. 4� 'C jl'�'4. ci 'FtJ�L 3} S < r �lei� u.'w -r`i �, x+ ncskt _,y _< r 1 y 1 +r.••.` s St aw s _.£t Sr 1.1 �r 14 L.t 4 N �k 7.t* o !`{i k l } ;f 1, cr a(" fit,I= ; 1 k t t t .sue fF i.f > !: s ira �. tr i f r, Y y i ?A 4 t ~t•s,•n,t!t t .t rr4 4 c ri,ra 4 r; rtt iti t r1..A}x4,1' .G t fj 1 � x + ,tv tt i' { a • . . • 41 • . Dr__ ._ • �t. • CITY OF SOUTHLAKE,TEXAS ORDINANCE NO. 480-153 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 15.218 ACRES SITUATED IN THE J.G. ALLEN SURVEY, ABSTRACT NO. 18,TRACT 5A1, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT"A"FROM"AG"AGRICULTURAL TO "CS" COMMUNITY SERVICE DISTRICT, 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 "AG" Agricultural 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 L 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 G:\ORD\ZONIN(A480.153 Page I L. 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: L G:WRD\ZON1NG 480.153 Page 2 '7A-1 ) • Being 15.218 acres situated in the J.G.Allen Survey,Abstract No. 18,Tract 5A1,and more fully and completely described in Exhibit"A" attached hereto and incorporated herein,from"AG" Agricultural to "CS" Community Service District, as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B". 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 (taw, 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 G:\ORD\ZONING\480.153 Page 3 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 ten (10) 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 day of , 1994. MAYOR ATTEST: L CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1994. MAYOR ATTEST: CITY SECRETARY (or G:%ORDDZON1NM480.153 Page 4 "1 A -13 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: L L GAORD\ZONING1480.153 Page 5 EXHIBIT "A" (we . DESCRIPTION of a 15.218 acre tract of land situated in the J.C. Alen survey, Abstract No. 18, Tarrant County, Texas; said tract being located in the City of Southlake, Texas and being that particular tract of land described in deed to Bedford Savings, recorded In Volume 9239, Page 811, Tarrant County Deed Records: said 15.218 acre tract of land being more particularly described as follows; BEGINNING, at a 1/2-Inch iron rod found for corner in the south line of FM 1709 (West Southlake Blvd., variable width right-of-way); said point being the northeast corner of said Bedford Savings tract and being the southeast corner of a tract of land cescribed in deed to the State of Texas, recorded in Volume 10017, Page 1545, Tarrant County Deed Records; said point also being the southwest corner of a tract of land described in deed to the State of Texas, recorded in Volume 10000, Page 761 Tarrant County Deed Records, and being in the west fine of a tract of land described in deed to Elmer I. Wiesman and wife, Glenda Wiesman, recorded In Volume 4089, Page 9, Tarrant County Deed-Records; THENCE, South 01 degrees 19 minutes 18 seconds East, with said west line of the Wiesman tract, a distanoe of 1463.23 feet to a 1/2-Inch Iron rod found fo. corner; said point being the southwest corner of said Wiesman tract and being In the north line of a tract of land described in deed to Joseph Mortazavi and wife, KamieIs Mortazavi, recorded in Volume 9316, Page 1637, Tarrant County Deed Records; THENCE, North 88 degrees 59 minutes 22 s000nds West, with said north line of the Mortizavi tract, at a distance of 115.47 feet passing the northwest corner of said Mortizavi tract; said point being the northeast corner of a tract of lend described in deed to Joseph Mortizavi and wife Kamiela Mortizavi, recorded In Volume 10299, Page 1354, Tarrant County Deed Records, continuing with the north line of said second referenced Mortizavi tract, at a distance of 296.93 feet passing the northwest corner of said second referenced Mortizavi tract and the northeast corner of a tract of land described In deed to Rand P. Carlson and wife. Sherrill G. Carlson, recorded In Volume 9093, Page 1973, Tarrant County Deed Records; continuing with said north line of the Carlson tract, in all a distance of 490.22 feet to a 1/2-inch Iron rod found for corner; said point being the northwest of said Carlson tract and being In the east line of a tract of land described In deed to Lon G. Hawkins and wife Karen V. Hawkins, recorded in Volume 8563, Page 720, Tarrant County Deed Records; THENCE, North 00 degrees 12 minutes, 52 seconds West, with said east line of the Hawkins tract, at a distance of 766.5 feet passing the southeast corner of a tract of land described In deed to Lon G. Hawkins and wife Karen K. Hawkins, recorded in Volume 9885, Page 155, Tarrant County Deed Records, continuing with said east line of the second referenced Hawkins tract, in all a distance of 1298.38 feet to a 1/2-inch Iron rod found for corner; said point being the northeast corner of the second referenced Hawkins tract and being in 'said south line of FM 1709; THENCE, North 69 degrees 09 minutes 04 seconds East, with said south line of FM. 1709, a distance of 150.01 feet to a 1/2-Inch iron rod with "Pacheoo Koch' cap found at an angle point; THENCE, North 65 degrees 53 minutes 29 seconds East, continuing with said south line of FM 1709. a distance of 177.91 feet to a 1/2-inch iron rod found at en angle point; said point being the west corner of the first referenced State of Texas tract; THENCE, North 79 degrees 22 minutes 39 seconds East, with the south line of the first referenced State of Texas tract, a distance of 161.44 feet to the POINT OF BEGINNING; CONTAINING 662,914 square feet. 15.218 acres of land, more or less. GAOROAZONWGWB0.t53 Page 6 IRIS LA11.1 511 b • S•C I-••S Sv. •41z0-••S-z 1• ell-1.1. 'ON 3SVO 41VX31 .3)IV1H1fOS 1- - 1e 1 .....O '1• ,.O 'M LO1 € w :;==:: H fIH0 AlINf14N00 3)IV1M38N11 • W T..'1 3 1 1 H WINE; 2104 a31N33 dIHSNOm m3N 1Ean o o pew - a u @ i p.m ��.m 1$,,3�fO3M ONINOZ S7'?JO I NY14 id3ONO3 U .1 (E) Ada 9 •f .i L • i r - ./ i g o 'iii11iI1!; ee i i 01.(0)<4 4 z 1 ° Ji. la o a r U o `"+L•O ....- w it, , 1- az 0 al< :I ti 1115.•••o. •,: i 11 roe r %.: \ 11,• i `II ' ilitil::l i r f ' V ! f. ICI 11 f I in ` •vrii:ii _ I zataF ;II -� • lcc si II lir ....ejeilli I mim la) .C:ii` • '•t•: a 3.. i • S E O 1 •'ri l�rrrri•.:•:•r.• di I s • j 'r}•,rr•..J�.cfirrrr.!i C _ I - 1 r E f II al yy' .. f•::::.; y;::. �t . L 111 ! s 7 :ii:. r • , ♦♦ r Y Y 1 ♦ ♦ � 1 ',... a a 1 �3F5 . : .,0 „ L ).,_, .s.-ill . • 4 "„)..,„,...-- I ,' ♦ r 1II 1 . V wiffli 1 7: , `►� II o I 1 4 I1 t .� 1 1 ..cd�cc.,P �4 II' '� f' / II II \\___ ,.._ l€ II a— ` 0 1� I 1 m 11 111, vA i{ ! n r II A t i i I ; 1 E i% — 11 0 ri ` III I11, o; I I Y II II F ss III [ it, l. • ft1 I, c ..J1 I 1 j'1�`. ` ' zW 14\ 0, 1 �f ` it u ,. z.-2,0 eq liz,t/1(6 0,,, :1 44 I it : II Pal 114 1 ci �J j lii I i Ili c' h 1II, It Ji1Aii LI��` `-CLi .S S N _ _. It!J i01\ i C LII Ordinance No. 480-153 Page 7 (IA- It, City of Southlake,Texas MEMORANDUM November 11, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy,Zoning Administrator SUBJECT: ZA 94-118 Rezoning and Concept Plan/Timberlake Community Church Ordinance No.480-153 REQUESTED ACTION: Rezoning and Concept Plan for 15.218 acres situated in the J.G. Allen Survey, Abstract No. 18,Tract 5A1 LOCATION: Approximately one-half mile West of Davis Blvd. on West Southlake Blvd. OWNER: Ray W. Washburn APPLICANT: Timberlake Community Church, Phillip Bressinck, Agent CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "CS" Community Service District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Nine (9) RESPONSES: Three written responses received within the 200' notification area: * Douglas Beavers, 2271 Union Church Rd., Keller, in favor. * Karen Kay Hawkins, 1201 Limetree Ln, Irving, opposed; it breaks up the future development of her property and will cause too much congestion. * E.I. Wiesman, 2607 W. Southlake Blvd., undecided; no objections if the request is in compliance with the zoning ordinance and tree preservation ordinance - Section 39 screening/glare. One written response received outside the 200' notification area: * June Haney, 400 Brock, undecided; the security lights need to be directional, parking lights need to be on a timer and directional, as many trees as possible need to be saved, buffers need to be on all sides and the sign should be as low as possible and with low I %lir illumination. Also, see attached letter. 6-0 Applicant's request to table ZA 94-118 Rezoningand P &Z ACTION: Approved( ) pp q Concept Plan for Timberlake Community Church to the November 3, 1994 Planning and Zoning Meeting and Continue the Public Hearing. (J� J , City of Southlake,Texas November 3, 1994; Approved (5-0) subject to the second Plan Review Summary dated October 28, 1994, deleting item #3 regarding the Thoroughfare Plan showing a local street along the west side of the property connecting W. Southlake Blvd. with Union Church Road. STAFF COMMENTS: The Applicant has met all the review comments of the second Plan Review Summary dated October 28, 1994 with the exception of those items addressed in the attached third Plan Review Summary dated November 11, 1994. KPG/bls G:\wpmmEmo\casEs\94-118ZC.WPD . 11' IC7 3-IG T.�--.-_-..f, 0-ff]--i-- —4 0 w20 e L- ' I EF N • ICA 0,..,...,:�� -- NE'S COI >e ,- GR0�5.- .‘ . - JA -GREE 0100-- Y I ap ]- r x el1A I IA IA7 -T1�-r—,--T_L,,-,vE,J - ,r__—' ___ __' ...i -- __ _ I aA] L MALL , ' ' . •■' 'Vy1LL✓.-� GR • ..n•1K " Oro • • I J. WALKER SATE � j ' • I _ v.K. .-rw. . . i E� - i - , .. IK] J IIw,I I141 01,2 - � _ =v....,- •t' I_.__ .-I-T,-�-' r]A i ism NI; _ 'J BLEJB; 1 C1 __ _ -T __t 1 ] IAM IAIA,m1131 1AYAIA IAIA71 WAIIIM - � ' MN �.m, .-- .4_ } Intl • aJ-.•rt.-rt- 1.11 G" •- KELLER am UMfT « f./�Q qi/ •/jjv , ` �J.,FOS ER - . 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(. .•1'�,'c K x x L.A. rCLAY BAPtRGN` ALifnA nK DK • nK I- /.. '_:e INGO{A1E5 • • in MK 1.1'0-_ ,--t 1GI,pA K �5 C nX �,_ p TRACT MAP _ -•.,5Rt 1p Es f..1 _ or _L,t - - [/ - -- — — — P. Ef sI v U:: (RPILS aLLO PO .. .. ..i.:00: ,.0 ., z \ \_) , ,.. it.., , , , �_I — — — kaa. F49 AVA Jc:'\ i - i ' --,---0 'YI T SUBDIVISIONS. RO• ADJUSTMENTS. ADDED HOAUS ' GU H H JJ J 4 J J J W w 7 TR.2F 3 2.71 @ 16 I TR.2F1 I 19 2.03 @ TR TH.2015 "SF-1" ].72 AC 1.78 Ac 2 36 TR 2F1A ZP 2F "SF-1" • /' —— H. White J. Hall "SF-1" "SF-1„ IA p66 2C27 TR.2C26 18A 17A 1e . 9 AC 1.63 AC j1 00111011.1.....---- SPIN #15 REPRESENTATIVES J 1 1.06E TR 5. JUNE AND WAYNE HANEY lee 2C27A TR.2C26A �e 9 • 37 @ • S`a- Of_ / 16 • @ / TR SA TR.5C3 TR.5C2 .94 Ac 1.53 @ 1.57 @ 2 3 TR.4G1 "AG" 3.\B 1.22 Ac TR.4F1 1.58 Ac \\ 3 SA3 .80 Ac "AG" CI._) ///, /,4,$ ,,,//Pl//4i4 ////// SA'227 AC "AG" 13.482 AC E.Wiesman „AG„ TR.5C1 `'ice TR.4F 9.56 Ac TA.4G 8.39 Ac 8.62 Ac K. Hawkins TR.Sa 3.10 Ac �;,E� B TR T 5A Spa 5... 1 '133 3TR05AC 10.35CAC I BR 1 "AG" "AG" r;2(.,ill o kid p, , D. Beavers E „AG„ E IN/ m 0 E rn o oci 'B) 2 U 5A 1si i'--7 TR 682 7T346AC C ) I`"� LIEN s. @ ` J J . iAVC1Y 5T00288 TR 6A S 18 "AG" ' ADJACENT OWNERS TR 40 AND ZONING 19.70 AC 93c—A City of South lake,Texas CONCEPT PLAN REVIEW SUMMARY CASE NO: ZA 94-118 REVIEW NO: THREE DATE OF REVIEW: 11/11/94 PROJECT NAME: Concept Plan for "CS" Zoning Request for Timberlake Community Church, being 15.218 acres situated in the J. G. Allen Survey, Abstract No. 18, Tract 5A1 OWNER/APPLICANT: ENGINEER/PLANNER/ARCHITECT: Timberlake Community Church, Inc. Alan F. Nelson Architect P. O. Box 92683 502 W. Oak Street Southlake, Texas 76092 Denton, Texas PHONE: (817) 481-5775 PHONE: (817) 566-0266 FAX: FAX: (817) 566-1295 CITY STAFF HAS RECEIVED THE ABOVE REFERENCED PLANS RECEIVED BY THE CITY ON 11/09/94 AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT KAREN GANDY AT (817) 481-5581, EXT. 743. 1. Add the following note to the bufferyard table: "fi H1 - Hedge of plantings shall be a minimum of two feet in height and planted no further apart than 30" on center." 2. The Thoroughfare Plan shows a local street (50' R.O.W.) along the west side of the property, connecting West Southlake Blvd. with Union Church Road and is appropriate in a residential area. 3. Delete the 10' and 20' Drainage Easement designations along the East property line and extend the 30' Drainage Easement shown North of the retention pond. * Adequacy of parking will be determined upon submittal of the site plan and will be based on the total seating capacity for all areas of assembly. If the ultimate seating capacity is 1,200 seats as indicated in Phase 2 and if the gymnasium/multipurpose worship center shown as Phase 1 will not be utilized as a place of assembly, then the parking shown appears to be fifteen (15) spaces less than required. Note that all parking areas shall be constructed of a dustfree, all weather surface material. * The applicant should be aware that prior to issuance of a building permit, a site plan, landscape plan, and irrigation plan along with the building plans must be submitted for approval. * Delete reference to monument sign from the plan. All signs and culverts must be permitted separately. * Denotes Informational Comment cc Timberlake Community Church, Inc. Alan F. Nelson Architect �c.S ••c 1-••• e v• ••c o-•••-t 1• 811-4\. 'O N 3 S V 7 S V X31. 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ABSTRA4 NO.ni(iiiK,,,ttAt.mpalwAND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT"A"FROM"AG"AGRIIULTURAL TO "CS,'PCt MM;''''7,4tit*Ibt,i6Tettidt 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 D ' E. W REAS, the City of South e, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to icle XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Lo Government rode; 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 "AG" Agricultural 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 O:\ORD\ZON1NG\480.153 Page 1 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: G:\ORD\ZONING\480.153 Page 2 +�_� Being 15.21 acres situated in the J.G. 11, n p ey, .bst� o 318 ir 5A and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from r to 0gAnciOstrict, £ ' the*PP `ed ep OW, r� 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 L 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 G:\ORD\ZONING\480.153 Page 3 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 ten (10) 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 day of , 1994. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1994. MAYOR ATTEST: CITY SECRETARY G:\ORD\ZONING\480.153 Page 4 C—`O APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: G:\ORD\ZONING\480.153 Page 5 %\\ EXHIBIT "A" DESCRIPTION of a 15.218 acre tract of land situated in the J.C. Alien. survey, Abstract No. 18, Tarrant County, Texas; said tract being located in the City of Southiake, Texas and being that particular tract of land described in deed to Bedford Savings, recorded In Volume 9239, Page 811, Tarrant County Deed Records; said 15.218 acre tract of land being more particularly described as follows; BEGINNING, at a 1/2-/nob iron rod found for corner in the south line of FM 1709 (West Southlake Blvd., variable width right-of-way); said point being the northeast corner of said Bedford Savings tract and being the southeast corner of a tract of land cescrtbed in deed to the State of Texas, recorded in Volume 10017, Page 1545, Tarrant County Deed Records; said point also being the southwest corner of a tract of land described in deed to the State of Texas, recorded in Volume 10000, Page 761, Tarrant County Deed Records, and being in the west line of a tract of land described in deed to Elmer 1. Wiesman and wife, Glenda Wiesman, recorded In Volume 4089, Page 9, Tarrant County Deed-Records; THENCE, South 01 degrees 19 minutes 18 seconds East, with said west line of the Wiesman tract, a distance of 1463.23 feet to a 1/2-Inch Iron rod found fo- corner; said point being the southwest corner of said Wiesman tract and being In the north Fine of a tract of lend described In deed to Joseph Mortaravi and wife, Kamiels Mortazavi, recorded in Volume 9316, Page 1637, Tarrant County Deed Records; THENCE, North 88 degrees 59 minutes 22 seconds West, with said north line of the Mortizavi tract, at a distance of 115.47 feet passing the northwest corner of said Mortizav! tract,' said point being the northeast corner of a tract of land described in deed to Joseph Mortizavl and wife Kamlela Mort!rav!, recorded In Volume 10299, Page 1354, Tarrant County Deed Records, continuing with the north line of said second referenced Mortizavi tract, at a distance of 296.93 feet passing the northwest corner of said seoond referenoed Mortizavi tract and the northeast corner of a tract of land described in deed to Rand P. Carlson and wife, Sherrill G. Carlson, recorded in Volume 9093, Page 1973, Tarrant County Deed Records; continuing with said north line of the Carlson tract, In all a distance of 490.22 feet to a 1/2-Inch Iron rod found for corner; said point being the northwest of said Carlson tract and being In the east line of a tract of land described in deed to Lon G. Hawkins and wife Karen V. Hawkins, recorded In Volume 8563, Page 720, Tarrant County Deed Records; THENCE, North 00 degrees 12 minutes, 52 seconds West, with said east line of the Hawkins tract, at a distance of 766.5 feet passing the southeast corner of a tract of land described in deed to Lon G. Hawkins and wife Karen K. Hawkins, recorded in Volume 9885, Page 155, Tarrant County Deed Records, continuing with said east line of the second referenced Hawkins tract, in all a distance of 1298.38 feet to a 1/2-inch Iron rod found for corner; said point being the northeast corner of the second referenced Hawkins tract and being In said south line of FM 1709; THENCE, North 69 degrees 09 minutes 04 seconds East, with said south line of FM, 1709, a distance of 150.01 feet to a 1/2-Inch iron rod with "Pacheco Koch" cap found at an angle point; THENCE, North 65 degrees 53 minutes 29 seconds East, continuing with said south line of FM 1709, a distanoe of 177.91 feet to a 1/2-inch Iron rod found at an angle point; said point being the west corner of the first referenced State of Texas tract; THENCE, North 79 degrees 22 minutes 39 seconds East, with the south line of the first referenced State of Texas tract, a distance of 161.44 feet to the POINT OF BEGINNING; CONTAINING 662,914 square feet, 15.218 acres of land, more or less. G:\O RD\ZONING\480.l 53 Page 6 EXHIBIT "B" 1 1 c 1-.•1 G v/ •.c o-•••-e I• fill-A-L 'ON 36dO SV X31 'aN ylHinOS 1- 1 3 , , H • HoanHo AiINnuuoo 3JIvla3UW11 w .r. :.- W ....., ao� a31N3o dmsaom m3N ' 1 uo a IeN • � meI•l::; ix 1pn03a .>41NOZ 63 210A NVld Ld3JN00 yf t g g ,,,, i o `� t�� I i4! 6t i 1:fig �,0% 0. / r o W Ziz. ,-? ‘ I I t.; it ?I ;n? i, 0Ei . ,i -; ; r ii ,- 2i 3 81 1 S I 925 seI ink e o u[4 q�< i 011311. t tiii E%iol.,Vii tio gp 1 1- •••ii:ifk: gi.:,,,,,,,,,,,, dill. 1 1 .,- _ ::,::„... ., ,.. is r •••� \1\ 1 2 ] i - i `.g':;:• •fir' a [ c l 41 • • 1 - g u— O ♦♦� , •♦• lilt ^ w 1 1 1 . ( C `I ♦ , '♦, ? III _ IIC W t , ;% ♦♦// II W el foleo Oil 0 as as f ■ • = a 0 I ,' 11U.111LIr I �1' 6 $ 's �/ O I I11111It1111111 O 8 / 11 i I 11 Ili I C,II d 11 , E� f 5I l I El' p I S [ f I+.\ f 1110 .....W .v.. N nl \ I M I „i III o,I III) I _—-- II a I s LI x Ili �yJ I> >>1' 'Pill} ?y� <�'o '11 ' 1 Ef"r_N'V' ffr�llvi i!` i•tit i =r�u Irt�No y� •.� �ttii it t l ibd i. I <ua s i II II "il. ..ill ilil';I l;sl tfi �L � ''tl li!f'+ ',•l j S 1 t l �t II iCie' � '(�,"�jl 'U;il�y •7i 'I - _ f� o 0 o o u I�€i III V'rI[''Ai iith Il ill ium, Pith i!Ili P 11C� m 1.5 N O I — — —J i Ordinance No. 480-153 Page 7 96(..' \-)J DiiiiEt isions Standard Recommended Executive Luminaire Arm Mounting Wattage Size Dimensions Height XECUTIVE 20 up to 16" x 20"x 6" 2" x 4" 8" 7'6" to 20' 250 Watts EXECUTIVE 25 up to 20"x 25"x 8" 21/4"x 6"- 12 15' to 40' 400 watts , EXECUTIVE 30 up to 23"x 30"x 10" 2'/4" x 6"- 12" 25' to 40' 1000 watts Mechanical Features • Unitized NEC requirements. All fixtures bear ballast/reflector system, hinged and the IBEW and UL label. removable as a unit. Easy access for Options•Photoelectric control recep- installation and maintenance. • Re- tacle • Single or duplex weatherproof (lector is hinged and sealed against a receptacle • Luminaires can be wall one piece E.P.D.M. gasket. •Thermal mounted • Baked enamel or anodic and impact tempered glass lens.•Ex- hard coat finishes available in a wide �\ truded aluminum arm with galvanized range of colors. steel threaded tie rods. • Extruded �plk aluminum lens frame with accurately ` • N1 mitered corners,.secured with,internal . , . `�, ,► corner keys. 0 � ` ^S Photometric Flexibility • Die- , formed, semi-specular reflector sys- tem in standard IES patterns II, III and ' V. A Forward Distribution Reflector is also available. 1000 WATT EXECU- . TIVE 30, identical in appearance and construction, forward distribution reflector or with bilateral field-adjust- able reflector. Designed and man- ufactured to meet or exceed UL and - fa. . ) • V till. ZZ �� . . i .\I • .t,� \� i jr . 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' ....W.i;'7:L ,-.- , .. .*: : , . - . . • -,...A - .., . . .: , . f • 1 , • . . •- • 7:2- EITI - flE2 , 0 .3 •• . • . . ... . , , OCT. 2 4 1294 i .:. . _J1 LI II G li -4•1/4.1iti : • ., 4..•pi. ...,,:i ,.,.• City of Southlake,Texas . MEMORANDUM December 2, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy,Zoning Administrator SUBJECT: ZA 94-132 Specific Use Permit/Resolution No. 94-54 REQUESTED ACTION: Specific Use Permit for a golf driving range per Ordinance No. 480,, Section 45.1,No. 10,on property described as 12 acres situated in the S.H.Thompson Survey,Abstract No. 1504,being a portion of Tract 2E and a portion of Tract 2E 1 A LOCATION: Approximately 1000' East of Davis Blvd. and approximately 1500' South of W. Continental Blvd. OWNERS/APPLICANTS: Edward A. and Reba J. Ponder and Ron Krebs CURRENT ZONING: "AG" Agricultural LAND USE CATEGORY: Medium Density Residential/100-Year Flood Plain NO. NOTICES SENT: Five (5) RESPONSES: One written response received within the 200' notification area: * Continental J.V., Nick DiGiuseppe, Representative, 15851 Dallas Pkwy, Suite 100, Dallas, opposed; extremely detrimental to proposed residential to the North. Potential loss of value in most desirable creek lots is incalculable. P&Z ACTION: November 3, 1994; Approved to Deny (4-1) COUNCIL ACTION: November 15, 1994; Approved (7-0) Applicant's request to table ZA 94-132 to the December 6, 1994 City Council meeting. STAFF COMMENTS: Approval of this request will require a super-majority vote from the City Council. Staff has included a reduction of the first submittal which was denied - • by the-P&Z. Note that the following changes have been made to the second submittal: LL________ • Tee box area in Keller was reduced in size, moving the tee boxes (and lighting) closer to the creek. City of Southlake,Texas • Target green (at the 250-yard marker) was moved 50' to the South of its original location. The Applicant has met all of the comments of the second Plan Review Summary dated November 11, 1994. No revisions were received since the November 15, 1994 meeting. The Applicant provided additional information addressing the trajectory of golf balls in flight. Note the Applicant's proposal to attach the lights to the poles along the North property line to shine away from the homes. The netting will be lowered to 35'. KPG/bls L G:\W PFPMEMO\CASES\94132S U.W PD Be I AC a of 2.9 ` ,- 2 "' \\�_ .kkA ii-` `t- , '` 'k= A -�"�,l __, J_ j .. k 1_ K. Inc I 7 r r 1 1 , 1 1 1 1 1 r - G ,{ IPN 8 -' W �'� ,A IAi A ee6e t 12 - 7' - V' /--- N 1- I POP_' - 1I 1.519 33 AC S.S AC C - I , 1 1 1 . 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'(I_ _ I '�� .; ,��c ,[ 'Ic1A C CA Vat r/i 6C3 I 92 i Ia .: ' 2A3 I 2A S, ' - t L l-A' • I III 6(1 (1-snA 6►2 'i 181AI1_ • `) 1_� E (r _ ' H►�' P /'` , • 9 -IA7 1A1 Ie, 1919 IBtA t I l 1, -� 9 l.96 Ac _ -1 IS Ac Y, IJ , - _ lA5 IAI� A Ac 6.1 Ac 6r , j Ac �, .H ) -1.- 1, 1A IA -. m __ > . , - lel IA7 IA6 2 10 SA 4A 3 ' 1____. ..._. IA In VA vAs•_ n.n A< CARROLL ' ; I Y fA�TH EIEUENTARY I .1, , �� I DI( s 59 - SCHOOL , • "•• _-_ I Gt,• B /- 'fit v A 9 Ac jS 2S Ac / ' I ' MCI cN f � I iN0i -rrty ` I 60A< al�r,II�A[ L 6i. `I"Pr'JCJU�(�530 ' I ',Go ,,- t,,►IJ` 1� WWII Y A I1r/1 I1 1 ��a2 • o �. i:t;Elt4 uN i (ILL,. -ter ; -- 10I Iv '.VIP • ' ' `\ ll I L, ,I • , 4. .. TRACT MAP I 1 '• — ....--_, i 1 m � — . — . — . — . . — . � i • _ • _ • _ _ _ illlul • JI.n111 1— III!Ir — . — . — . — . — . — — Akiiipe___ _i_ I It• • •• .e.• , - -4.- - -1 I IIL.II - 1 _ IIIII' > _/. Illilp =4OC� �8 Ilii1111 I,; 0 1 — IIIIIIU II rrl1llll 1 1111111 r b—� c� ,1IIII111 •r.rIlll,rll' "Ili 1_Ij .1 .ii. 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CNI m cc >.2 7 "IIIIIII"iN II1III II1,+I O �ql c cac C Ilrlll` p i 'III c 1 II\ CD cc v o l�l' CNJ M ::c pp:„.. ..'"!'"'"IIIIIIIK 1 1 CC N N N Ili ,aIIIIII cv W R LL Ir Z (O = 11 Ir r Z ,111 r Z III', IF,' 0 Z II dlll..11 •:: O ;g IIIUI"1I.C _" 1 III` mm 6 N O c -I 1 Q II I�1161.1' .II!:IIIII> U 1 W O d) �; ' CCa U O W - (,II QCt c CI cs) co II!1‘ ec n m I tD r d1►• IIUIm ,III'; I_IlliI II Il ..".i11-'•I IIIII I ill ��I;�II _rr ,: I � I " 1- 111111 U o IIIIIII` � (.. 11 W 1 z C a 'IIIiI j 1 Aki, � lllll� ' m , N Z LC) iII I' °° log �� 1J , \ — --- Q Q Q ,rl . c-I1,;II; LLB Inrr, II„or _ I 1 -Th. > Lsy � a. � SOUTHLAKE CITY COUNCIL (Changes on Concept Plan for Big Bear Creek Range) November 29, 1994 * Range lights to be put on poles on the north property line to shine away from homes. * Netting to be lowered to thirty five (35') feet. * Attached literature showing ball distance and apogee. * All other changes from the City of Southlake Concept Plan Revision Summary number one and two have been made. L cC-s i)river --. .overage Player Speed 86 m.p.h. on 15° . Mk 35° MS 55° , OA 75° la 95° L • • • . . CARRY INITIAL BALL TYPE IMISTANCE . • VELOCrrY I . TEMP. (Yards) (Fret per second) APOGEE 13z1ao. covered (3 piece) 15° 15(1.7 162.5 9.9°° 35° 16$.8 175.3 10:5° 55° 1841.4 180.5 10.9° 75° 182.1 181.3 10.9° • 95° 184.4 183.5 11.3° •Yana G..my i ' t0° ISO 160 im VW VW ' i • - CARRY • INmAL DISTANCE VELOCITY FIALL TYPE TEMP. (Yards) (Fttc per second) APOGEE Surlyn covered (3 picas) 15° 175.6 178.9 11.1° 35° 176.E 1$ft 3 10.9° 55° 152.7 182.8 1.1.1° 75° 183.8 183.2 11.1° 95° : . -. .:.. 185.8 105.2 11.1° • • YAllO M�LfCY SO- 1 ` \' CARRY IN ITIA L DISTANCE VELOCITY BALL TYPE TEMP. •(Yards) (Fact per second) APOGEE Surlv,i covered (2 piece) 15° . - 173.3 178.9 11.2° 35° 178.6 180.8 1(2.9° 55° 184.3 181.7 11.4° 75° 184.8 - 161.9 1 1.1° . 95° 155.4 162.4 11.6° • L . ' : . . - • • . .. ._.,.________________ i YA71C9 CaAQr s0 + 150 160 ITO 114 110 ?-c-6) Driver-Tour Pro. Speed.-108 xn.p.h_ 15° EMI 35° Ka 55° Fa 7$0 11111 95° . CARRY INMAL OISrANCE VEr ITY • • BALL TYPE • TEMP_ ('tarsi) (Fact per.sacoo4), A POGEE Baisra covered (3 piece) l i" 210.7 210.0 9.9' 35* 234.4 /97 8 10.7° . .55' 239.1 228,5• 11.3° , • • :75': •247.6 229.4 • 11_9° .• 95' 248..2 230.5 12.0° - . _ . • • • • • • nos C#J Rif . L'9 1 h 0 Teo T E'Q :iP3 290 210 220 $:30 , 24Q ils • C&R.RY . U Tfl!LL • vas-rAN E YELOQ1Y • - BALL TYPE ••• • TEMP • ( '' ) (Fw.par'mood) APOGEE • S vn covered (3 px cc) 15° 230.3 226.9 10.7' 35° 239.1 228.3 11.3' 55' 241.4 232.0 11.8° • 75' 245.5 - 232.3 .12.00 95 248.2 2327 .120°• • ROB GJtfTr 59 T rrJ 1 p li t 100• t!0 2GQ T10 229 Z 0 240 ZS CARRY INITIAL DISTANCE VELOCITY BALL TYPE -173MP. (tea) (Feet pet iacoid) APOGEE • Sucly t covered (2 piece) 15' 232_6 . 226.5 • 10.5° • 35' .. 239.7 228.0 11.4' 55* 245.8 230.7 _ 11.3° • 75° •253.6 229.3 11.7' 95' ?1.$ 728.4 11.4° _ _ ARas WIRY 1 SC.,-1 ,10 .40 170 160 ,sn 210 2129 Sill) 240 25 i AlifillAtt. i '''i • A anon offers you a selection of Golf Barrier Nets. Side Range Golf Barrier Nets Golf Driving Barrier Nets Ir• • .•• I• ; 0 ; lin :. , ,‘ I , 4, .; r . .„.„,.:,01 i _.cam ��p � O° o oftTTflui.� ♦ , ! �' I, ° 0 ,. • .... a '� i`. --�1� o (.o ° 000 710;�• r1• %1 4r, .••.,,,074/11 • • . ii ,, _ iii ,,,,- 1. 1.preiso i'. ._--- •-k,... .... . - , .,.._. . ,-- -. _ ,-_.-- , ..,-.'”; • STANDARD DUTY HEAVY DUTY Strength:45 lbs.per mesh Strength:65 lbs.per mesh Illustrations shown to actual sizo. * Helps prevent golfers from hitting directly at buildings,parking lots, * Designed for sides of fairways and practice ranges(not to be hit pools and other areas. directly into). * Made of 100%nylon for heavy duty applications. i �r cost per square foot allows you to cover large areas Won't rust or mildew.Choose black or green weather treatment. omically.Made of water resistant flexible poly material. con Remains flexible even in cool temperatures. 't rust or mildew. * Strong 3/4 inch square mesh helps contain direct hit golf shots. * You can cut with a scissors as there is no edge binding.Dark color. Carron sews a tape binding on all edges of each piece for Costs less than nylon netting.Sold by the bale. added strength. * Ships UPS(except#70513 which is shipped via truck). Made-to-order to the sizes you want. • This net is manufactured with a square-mesh arrangement so it hangs HEAVY DUTY ' STANDARD DUTY straight and is easier to set up. 25'H x 1501 Stock#70513 Stock#70503 25'H x 75'L Stock#70514 Stock#70504 Call for a quotation on your requirements. 6'6'H x 150'L Stock#70515 Stock#70505 12'6"H x 150'L Stock#70516 Stock#70506 1'Rrn7•,^'n^R+r.c- "'Rr7nl++nr.•we•n-r,a�rti^ Sf' '"uR'!S^ �+� t ,i If"'v?',.. / r +ry' ,f Y 4 PFa ",'1-'"3'+'4 ','9 T' -te-^-�.rr.--r.+n•r..^,rrf`�r•- .fir. . ! I�.. �+f^t i , 4> �J k "� °�1/2 A. Situ Range Gail • ;;ram �ti• `t, ;- i h<s7. ►}•'� /(/i 11 S•,,� yam„ Barrier Nets ,.,.<. r y°_.t, 1'f P;:` i i. fin.• // �• �f?� O.; / L-�� B.Golf Driving i r; i� r ,sr$ J �i2:; • Nets y �tih �r ��a h gr- R �,� Y i5i 1 SE,'a , _�' /Bdrrler 1 •=ham' ,,ZyY �: �;�. ; "_' l:�•I.�v '5 '•b. �r`{ngi' •-�L. �f Jd�1F .. � , F�� 1 1 . - Fes;:; 4' ,, n ' a ,,4-' , -}t .:, . - -g?' I t 'i , -h, _ i r- a�• .ry e: .- \. . L ., , . __ •�' r. t t � N \ \ \ .: "<• \ \ . \ MI) \ \-- ----- --------- -- .....,,,, 4R - \ wairi '°r r ---- \ \... ..... N vvv . r \ \ N. '4/74, Loo .. \\ q 1l,y .� I 1 . l. \ ji, , \\ , r , -.............. --------- \ ...T. \,,I. i f / -.... . \ - 'Oil e (lit---...--'"s--- N - ....„..... --.....-...-------k\ ti) 1 , r Iiiit 7.„-- .\...... ,....... , / ....,_ --...-...... --, . .........,. ,...„.... ] P-i E L •.-.. ..°-/‘ .. .,...7 0 4 . -- 41.et . 1.1• / /\„ .s, , ..._ .. 7i u \, ... ..--- _,. . . __ ____..„ . i 1 H ,, Q C " ` O j � `' rilit ��r.•va •r., rl N i7.:TC•i�ia��.�f��li' ai�' Iwilli 1 Itrgt1.1114 1 . :11041,„.pr,,,,,m-, • ...., ._ . ,i• witii 1 iti a di;;ii 19)Illi Ant!.--i), .lillitiikiiii, L 1 •-•-•1 Foriiiii,AitfLIA;. I dike. iL . a fi :1.i. � • , r. 7 ,,,. �° 1/1 1111 li ! C • a:' ' ' '.' a li v (. . .: .7 1 O. ._.. .__ . .....>, 1 I. 11� e v _ . y C2 a) I): >w > co r . i . - ifirt,P,I, Al a. 4.) • mzi: I • 1 r.c.".,,jun..... !. . ., atkt 0 I i -ail il -'• n COV 2 Ili! iI,,r, ' . - City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY CASE NO: ZA 94-132 REVIEW NO: TWO DATE OF REVIEW: 11/11/94 PROJECT NAME: Concept Plan for Specific Use Permit for Golf Driving Range, 12 Acres, S.H.Thompson Survey, Abstract No. 1504, being a portion of Tracts 2E and 2E1A APPLICANT: ENGINEER/PLANNER/ARCHITECT: Ron Krebs GRI Design, Inc. 1912 Hurstview 6000 N. O'Connor Blvd., Suite 106 Hurst, Texas 76054 Irving, TX. 75039 PHONE: (817) 656-8253 PHONE: (214) 831-9200 FAX: FAX: (214) 831-1616 CITY STAFF HAS RECEIVED THE ABOVE REFERENCED PLANS RECEIVED BY THE CITY ON 11/07/94 AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT KAREN GANDY AT (817) 481-5581, EXT. 743. 1. Correct the bufferyard table indicating compliance with the required northern buffer. REOUIRED BUFFERYARDS Canopy Accent Required Provided Trees Trees Shrubs North-1,030' 10'-F1 T gr::;Tit 31 62 82 t A 6' wood stockade fence is required to be constructed on the property line in addition to the above-referenced plantings. 2. Indicate the means of access to the eastern portion of the project which is in the City of Southlake. * The City of Southlake is currently preparing a Trail System Master Plan. Currently Keller's trail system ends in an easement to the South of this site. * The applicant has stated that no channel improvements are proposed for Big Bear Creek or the Jellico Branch other than general clean-up. Should the natural drainage be rerouted in any way, a drainage study shall be required. * Platting shall be required to subdivide the proposed tract which lies within the Cities of Southlake and Keller. * It is noted that the golf shop and other facilities are solely in Keller. The applicant should address (1" the issues of parking, fire lane width and construction, and curb cuts on Davis Blvd. with the City of Keller. SC-lb City of Southlake,Texas * If applicable, the applicant should be aware that prior to issuance of a building permit, a site plan, landscape plan, and irrigation plan along with the building plans'must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * No review of the landscaping is intended with this concept plan. Landscape and irrigation plans meeting the requirements of Ordinance No. 544 will be required prior to the issuance of a building permit. * All culverts must be permitted separately. * Denotes Informational Comment cc GRI Design, Inc. Ron Krebs Ed Ponder, 3704 Greenbriar Court, Bedford, Tx. 76021-2066 Reba J. Ponder, 424 Circleview Drive, Hurst, TX. 76054 $C-il • % me •,r�xao am . - - '�_�---- is ti a N. 1 41 '\N \\C' ' '\ •'•., H 1�„ \ \ \ U � 3 • _ _ \ \ f. i `. " \ \\ i 4P': , 4!.." ,' / i \ `---- '-...N NA\ \N\ \\\: . .• I .\ \ .‘\ IP .':.........._.) •••, . lil / - \ Loc dWi' L 50 .••\1 \ 011,ite tr.i \ \ ... 1,4.4 e ft.- /, \ \.. \ i - I 11 ( .......s. \ . ''s.'I \‘IFJ \ ‘1, \. '‘ ,, Vil 1 .• \ NI I I .1 ok .. \ . • A \ .0::\ \71-------5 ' 1-. -------------...1- j_...........----•------.---.......... .............'...._\..........::„.......z....._:\.........._LI...1.:N\-------‘ -_11.I._/"_---------....:\\\\ 1114 :\Ili i 7\t .. .. 41,ij 4.\ / -,........ -•—_, ---._ r•—....., : --......_ •-........ ...., -- eit ;.0,7•:,,.. . . . I I I iiiiit II (PI I .. .. le 1' •r �IF' • + ,1� • II° ti%^U.rrlilili% :t;,;l . �- • f(� I I I i M: ‘,:-.• %• i s 1 j g . .i_.'iiLU14,14.1 . siz italri:0;;VILI,q3;.1J-* * _ 1 _ Hire>;•..;.,>�.. 4ZSI. ilyI Yy ig I , ^` [ • c x •5 >, 1 ` ;„ . O e 1:3 ill Illill • L ■.. i. ed (...,, • .,,,., ,. , . ,,,:4 . • . 2 ; s gto �R. s ima.. .0 1E11 �► Bc-Va RESOLUTION NO. 94-54 L A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A GOLF DRIVING RANGE ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING DESCRIBED AS 12 ACRES SITUATED IN THE S.H. THOMPSON SURVEY, ABSTRACT NO. 1504,AND BEING A PORTION OF TRACT 2E AND A PORTION OF TRACT 2E1A; AS DEPICTED ON THE CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for a golf driving range has been requested by a person or corporation having a proprietary interest in the property zoned as "AG" Agricultural; and, WHEREAS, in accordance with the requirements of Section 45.1 (10) of the City's Comprehensive Zoning Ordinance,the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded the persons interested and situated in the affected area and in the vicinity thereof; and, WHEREAS, the City Council does hereby find and determine that the granting of such Specific Use Permit is in the best interest of the public health, safety, morals and general welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,THAT: SECTION 1 A Specific Use Permit is hereby granted for a golf driving range on the property described as 12 acres situated in the S.H. Thompson Survey, Abstract No. 1504,being a portion of Tract 2E and a portion of Tract 2E1A; as depicted on the Concept Plan attached hereto and incorporated herein as Exhibit "A", subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following specific requirements and special conditions shall be applicable to the granting of this Specific Use Permit: 1. 2. 3. 4. 5. CSC- l3 Resolution No. 94-54 Page 2 Lie SECTION 2 This resolution shall become effectiveon the date of approval by the City Council. PASSED AND APPROVED THIS THE DAY OF , 1994. CITY OF SOUTHLAKE By: Gary Fickes,Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas L G WPFRES-oRD\94-54PD EXHIBIT "A" ti ,n,,,r„a.t\ , e I 5 , �, --„. ,.. ,.... • `-- \ \ .4 1 \, pi , „\.. _ N\ lj. \\\\\ A' . 41t‘4 ,114.1AL" A \\N'------ \'• i \\\\ .� Si , i /\N.. \ e,t: I ( - \\ \I\ z. L .(0)50 .1\ \ oe- 1 \ .1 ( .. \ 1\ \ ......_A \ 1 \ ; 1 ; . \ \ ;< . � \ I iiii - �r \ \ -- ... \ _ i, , ,iii ,,,, \ ,r \_ i�, 6- ......._ 0 .iiii5 in , ,, . !3, .1t---\-- , _________ .,........„ ,..., Ai I gi ; k y , -0 . n__?). - \ --------/,___ -----__--..,----._--- ...../, ..„........„, /7<)------.,...... --....____ ----,.... — i fI) -----_. ----, --_::-..i �, L h f , sill' -* Ih6 i� -IIyam_»_ ...--• - --,---[---- 1 s ' ` l' l® ,,_ a b!. � Ip,.' 11 _5 S ��° Al 'grr — n awe AIH l I � \ a s dk lts.S • owir ;) � j � i, . el/5''412, ' I ; [ y i on 1 1 'III' Ill I f,g_ Ai !I i . . r • I&/, ., I c-3.14 11 i 1 1 ifii c ;, ir-i,.., L ii * 05 '5 i >„ e 1 . ,, ,,,::, . = .... ,.., „\\ 1. , . .. .._- ,,, .... Co c:, .... I. 11, a .. nom L. •S ¢� II, 1 a . O O 1a. I , S L !j •'4,,,stAi# 1 ! i -oily s `° 13 CI al L ., , ...„4„,:, 4, ig 11 c 1 I f. I I .!., I a: ....-= _ I �\ lffl ;Q U Y o�1.:wJ 1 zi1,•- Resolution No 9413 -- l -I S Page 3 City of Southlake,Texas MEMORANDUM November 11, 1994 TO: Curtis E. Hawk,City Manager FROM: Karen P. Gandy,Zoning Administrator SUBJECT: ZA 94-132 Specific Use Permit/Resolution No. 94-54 REQUESTED ACTION: Specific Use Permit for a golf driving range per Ordinance No. 480, Section 45.1,No. 10,on property described as 12 acres situated in the S.H.Thompson Survey,Abstract No. 1504,being a portion of Tract 2E and a portion of Tract 2E 1 A LOCATION: Approximately 1000' East of Davis Blvd. and approximately 1500' South of W. Continental Blvd. OWNERS/APPLICANTS: Edward A. and Reba J. Ponder and Ron Krebs CURRENT ZONING: "AG" Agricultural LAND USE CATEGORY: Medium Density Residentia1/100-Year Flood Plain NO. NOTICES SENT: Five (5) RESPONSES: One written response received within the 200' notification area: * Continental J.V., Nick DiGiuseppe, Representative, 15851 Dallas Pkwy, Suite 100, Dallas, opposed; extremely detrimental to proposed residential to the North. Potential loss of value in most desirable creek lots is incalculable. P &Z ACTION: November 3, 1994; Approved to Deny (4-1) STAFF COMMENTS: Approval of this request will require a super-majority vote from the City Council. Staff has included a reduction of the first submittal which was denied by the P&Z. Note that the following changes have been made to the second submittal: • Tee box area in Keller was reduced in size, moving the tee boxes (and lighting) closer to the creek. • Target green (at the 250-yard marker) was moved 50' to the South of its original location. 30 City of Southlake,Texas The Applicant has met all of the comments of the first Plan Review Summary dated October 28, 1994 with the exception of those items addressed in the attached second Plan Review Summary dated November 11, 1994. KPG/bls R tiG:\WPE\MEMO\CASES\94-132SU.WPD �( RESOLUTION NO. 94-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A GOLF DRIVING RANGE ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING DESCRIBED AS 12 ACRES SITUATED IN THE S.H. THOMPSON SURVEY, ABSTRACT NO. 1504,AND BEING A PORTION OF TRACT 2E AND A PORTION OF TRACT 2E1A; AS DEPICTED ON THE CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for a golf driving range has been requested by a person or corporation having a proprietary interest in the property zoned as "AG" Agricultural; and, WHEREAS, in accordance with the requirements of Section 45.1 (10) of the City's Comprehensive Zoning Ordinance,the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded the persons interested and situated in the affected area and in the vicinity thereof; and, WHEREAS, the City Council does hereby find and determine that the granting of such Law Specific Use Permit is in the best interest of the public health, safety, morals and general welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: SECTION 1 A Specific Use Permit is hereby granted for a golf driving range on the property described as 12 acres situated in the S.H. Thompson Survey, Abstract No. 1504,being a portion of Tract 2E and a portion of Tract 2E1A; as depicted on the Concept Plan attached hereto and incorporated herein as Exhibit "A", subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following specific requirements and special conditions shall be applicable to the granting of this Specific Use Permit: 1. 2. 3. 4. 5. `61�-3 Resolution No. 94-54 Page 2 I SECTION 2 This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS THE DAY OF , 1994. CITY OF SOUTHLAKE By: Gary Fickes, Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake,Texas I41111.' G\W PF\RES-ORD\94-54PD . EXHIBIT "A" /( ,\\' n. rye.' •: \ `mil r, zfii ' __/ -4: 111(11! -, )) \ . '••-..-.. \\ \\ ... %* -A114' SI eft ._ /c, \\• s_ 1) \ 1444 gt• '4k.: 1 ' ----- N• 2 . il ( ,, ...\\ \I\ .. - Itt ' )° I \\. \ 11 \\ .-*----.. 4, \ 'i, \ '1 OT-ek.c_ **. 1 -- . \ { 1 ?\ \..i \ of,,,,. _ 14, ....,...--L____,-----_________,-------_____ . . . s, ...___ .. ________ _________ , ,_... „ . , ,_, ,, . \ ,1 .,, i_;, ,. , ,,,,,,.-0 ..- I ___., -.0, \ - ____ .......... Vif, ''' /7<)------_____. , , , n„; l .•r . ry_'4: Fall-T.-1 ` . . —v—T-17.,...- i 1.€!—I'h • I -iA.-,,, 1� jI j plait(mp ilire ff y�ti .I.. W b' *� ! , z• et, Air,..U::r+t • • C a S d 1 , 2' nca,�e 4 � ` , ,�I d2 I�I 2 I '''. 1 CC 1- '1'2 ;t Y ig : iP, i a ' / 1 -mow41.i 6L_ i , _ (;) ..5 LEI ›, e ... . „\ . ci, 4... r"i$ , 1 ,,_:. 1 \ 1. ct. (,) . , ... ...... . 5h 1 IL . as p}I m I 6 m °' E ; _ racc.„7.,... 1 .1„L I - 8c cLa) •1:137,—• -a ), !1! k 2g i;1 a1� b S V '4 5 o co (RJ �' !;A{ 1.81 �' {.! 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Q � � o Q . .0° Y fib Q N U1 Cla AII, m •.j ,IIIIIIIl // II1!ni!III_••I�l.'•i�aP!ill iillllUsiaill �/ 1011 ;,,.. n .1111111. to �- N co �\ c a '1Ilfl ) a ' (.6 tifli, _7--‘) ,., 0 1111111 N I 11111' m is 1 a 5 .dI� '' 1 \ -- - - - Q p I;i�l" -0--`l s-IN) pro .-\—� ..III; s— I '__,) ,-,2 City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY CASE NO: ZA 94-132 REVIEW NO: TWO DATE OF REVIEW: 11/11/94 PROJECT NAME: Concept Plan for Specific Use Permit for Golf Driving Range, 12 Acres, S.H.Thompson Survey, Abstract No. 1504, being a portion of Tracts 2E and 2E1A APPLICANT: ENGINEER/PLANNER/ARCHITECT: Ron Krebs GRI Design, Inc. 1912 Hurstview 6000 N. O'Connor Blvd., Suite 106 Hurst, Texas 76054 Irving, TX. 75039 PHONE: (817) 656-8253 PHONE: (214) 831-9200 FAX: FAX: (214) 831-1616 CITY STAFF HAS RECEIVED THE ABOVE REFERENCED PLANS RECEIVED BY THE CITY ON 11/07/94 AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT KAREN GANDY AT (817)481-5581, EXT. 743. 1. Correct the bufferyard table indicating compliance with the required northern buffer. REQUIRED BUFFERYARDS Canopy Accent Required Provided Trees Trees Shrubs North-1,030' 10'-Flt i 1 '' 31 62 82 t A 6' wood stockade fence is required to be constructed on the property line in addition to the above-referenced plantings. 2. Indicate the means of access to the eastern portion of the project which is in the City of Southlake. * The City of Southlake is currently preparing a Trail System Master Plan. Currently Keller's trail system ends in an easement to the South of this site. * The applicant has stated that no channel improvements are proposed for Big Bear Creek or the Jellico Branch other than general clean-up. Should the natural drainage be rerouted in any way, a drainage study shall be required. * Platting shall be required to subdivide the proposed tract which lies within the Cities of Southlake and Keller. * It is noted that the golf shop and other facilities are solely in Keller. The applicant should address the issues of parking, fire lane width and construction, and curb cuts on Davis Blvd. with the City of Keller. City of Southlake,Texas * If applicable, the applicant should be aware that prior to issuance of a building permit, a site plan, landscape plan, and irrigation plan along with the building plans must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * No review of the landscaping is intended with this concept plan. Landscape and irrigation plans meeting the requirements of Ordinance No. 544 will be required prior to the issuance of a building permit. * All culverts must be permitted separately. * Denotes Informational Comment cc GRI Design, Inc. Ron Krebs Ed Ponder, 3704 Greenbriar Court, Bedford, Tx. 76021-2066 Reba J. Ponder, 424 Circleview Drive, Hurst, TX. 76054 (,,t lerlaWHO•11 r. ! `• \ —1 LT \ N. \\\ * ° ; vi� : I \ \ i) \ 1 ( ' a\ \ \ p. 1--r11— \ s is \ ‘ 0)1 V*14. •1140'. ." \II \ 1 \N. ' \ 1 1 \ ,..,.... 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Whether you are lighting a new range,or updating an existing one efficient than traditional incandescent lighting.Each lighting system , —Wittek's team of professional lighting experts will light up your range package includes standard assembly of light fixtures, cross arm, .; for extended hours of playing time. attaching hardware, lamps, lighting layout drawings and freight to Our state of the art metal halide light fixture assembly is five times more your destination. There is a Range Lighting System designed for your range. • Use this easy to order chart. ` • My Tee line Tee Line Dew is: () GE Lighting Systems Width is: 0'•25' 1 25'•75' I 75450' System Al SystemA2 system Powr•Spot°Ill Floodlight 250' #74500 #74501 #74502 (3 Poles) (12 Fixtures) (12 R lures) (12 Fixtures) / • Rugged construction for long life. • System B1 System B2 System B3 • Die cast aluminum ballast housing 300'•3 s) #74503 #74504 #74505 with electrocoat grey paint finish. (4Pole (16Podures) (16Fixhues) (16Fxhues) „ System C1 System C2 System C3 ;m • Sealed optical assembly. 400' #74506 #74507 #74508 II _ • Corrosion-resistant hardware. 5 Poles) (20 Fixtures) (20 FvAures) (20 Futures) • • Tempered door glass. ( System Di System D2 System D3 \ i • Hinged door for quick lamp access. 450' #74509 #74510 #74511 • UL listed suitable for wet locations (6 Poles) (24 Fixtures) (24 Fixtures) (24 Fixtures) A.°"' (outdoor use) System El System E2 System E3 Replacement Lamps 5 ( Pole 7 Poles)) (28 Fixtures> (28 wxtures) (28 Fixtures)7 #74512 #74513 #74514 74521-400 Watt Metal Halide 74527—Lamp Only,400 Watt Metal Halide 74522-1000 Watt Metal Halide 74528—Lamp Only,l000 Watt Metal Halide • 600'•650' System 5 System F2#74516 #System 745173 74523-1500 Watt Metal Halide 74529—Lamp Only,1500 Watt Metal Halide (8 Poles) (32 Fixtures) (32 Fixtures) (32 Fixtures) System G1 System G2 System G3 Steel Crossann Four Fixture Crossarm Assembly 700' #74518 #74519 shown 9 Poles (36 Fixtures) (36 Fixtures) (36 Fixtures) Mounting Bracket— (shown) 74524—Two Fixture Crossarm The chartshowswhich lighting system give us your exact tee dimensions (4"OD Top Tenon) 74525_Three Fixture Crossarm I to order based on your tee line and we will insure that you get the 74526_Fpur Fixture Crossarm dimensions.If yourdimensions are not nght system for your range. 1 o the same as those shown in the chart, —1 ,r-—ll — (Replacement parts available Illumination levels are based on recommendations of the Illuminating Engineering Society of -- through our office.) t • North America(IESNA). Poles are not included.Please contact us for recommendations. —< Custom asrass - - Range Lighting Blueprints Y- -w� i Design Consulting Zoning Issues Our exclusive plans,developed I ''"•� If you need extra help,we will put { by our lighting specialists will you in touch with our professional If your facility faces zoning issues t help you install to your system. -_ M team of lighting experts. Our because of concern over the These easy to understand, �� - engineers can help you install effect of lighting in your sur- f generic plans explain lighting ' /• - — any new system from scratch in- rounding area, our experts can concepts, and placement for i eluding the most sophisticated conduct a lighting impact study polesarxifucturesforilluminating � i` � a combirsationpole/ground lighting to insure that you comply with the a range up to 700'wide.Plans \ _ �A ~� systems.If your facility has unique requirements of the zoning ` are not returnable.C.O.D.only. _ topography or other special authorities. l 74550—Range Lighting Plans y (�e features, Wittek will be able to E /o solve the problem. --a ells- 's Complete lighting design packages available for Par-3 Golf Courses, 4. �i,1 II a --- r/ Miniature Golf Courses and Parking Areas. __... _,- r �_ s 36 - "`-• —Please consult us for our recommendations.— -s -�-�'-ems-- -. a r !' j,0.4••�4,;,•• in+�:a r-.. sY`••S i'.$,s: ✓*t"1• 4 '4 r:!ggah711•,-._: -,.a:' y~4?7 ? ft`♦'t• � s••,tfF f .• ': a.. r 7 its • ♦ fi -ev t;,.a '•+ tf",,,,,-Aip, •• yt-"',A zVrLr q—rt'st�: r-.1' i .Sr�w ''(. �L', . 4ix�' "++43, r i, � � �i .i ht•'v 'x+. b x v, i �xS r •y. r - inF z., ;;; ti, +w•.!- YY r.,�g• a� '�� o tt. y rt,,Vf t, .� t'l 3 ri:f� '7 t :; x ! ,, .,„ .., t S#--, 4 t�##_�Y' r y hNf'7.. - +.n >. 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' y,eriAa•(��••'t'ra¢ta.. •tsw'fl. • ' i,':f^` �t`t}� LP' t'ti"',• s';-0. s ~tused by practice i= ,.. �1 �- iT d u The #1 nettinga„ _ , .r tr. ranges across the country. . ; ; ' M j �� ray x, •,. k , err, ,; �� • to sto p F� 1 . ��o .., • �♦ ��''' 1'4a rt 'Sa*' t The • most effective way � Y.{34� ♦ �� _. balls. tt Y-,;l :: 'off course R „ isproud to introduce the r ,• l .,, °� ,� � ;; WITTEK '�: ,- tt .. s ' technology. _; ,-`„ �" •'•$ latest in barrier netting , � 4: gay, X All new construction makes Wjttek's '1 =,nr =� � -,` �, ,., i. r Ball Barrier Nettin the most advanced i -, ri}, ', ;r;' r ;. c: e today .• �, i'. •barrier net availab *-, • • 3�+r'.s `•r! ' !".A':-,--.':' t.sr -.t•F t'�f*I••• ♦ Yi elf • a •.. ••� y .r irAt °_ •3 fi 4 tr.1',a !:, 1.4.7k. .4 f 1' !+ * _.t ... •t F�,"t Syr ti 3 ittiz �4.Uk* 4. • • 4� •�• ."'"e ./ ;r.:. 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I'�Y:^�itf..w.'S'ra��•�' tti:R •�+�{�.iMi� ti��C.w�w�f.lr +LGr?'�cax�v��s�St�.w^}t-y.•:.. ...vYk .... .7. C . Economy Netting 100°� Polypropylene.Color:Green. Color:Black. 1" mesh knitted netting. the 150 lbs. The most durable 1'mesh Olefin Knitted tnoetti e stops b ps off course balls, Break strength:50 lbs.Burst streng and minimizesz lossesne rea possible injury P Avg.field life:4 6 years.B • Featuring all new break strength of 75 lbs.,and 250 lb.burst strength 79300-Economy,6'h' x 150' 79302 Economy.25,x 150" • Long Life!Lasts an average of 5-10 years. ece. 79301 Economy,l2'/, x 150' 79303 Economy, • Custom Sizes.Heights up to not rot in one p • 100%Polypropylene.Will or mildew. SYSTEM 2 79001-Model 65 Ball Barrier Netting 61/2'x 150',20 lbs. . Custom Built to Your Specifications 79002-Model 125 Ball Barrier Netting 12'/2' x 150',40 lbs. . Rope Bordered for Easy Installation 79004-Model 150 Ball Barrier Netting 25' x 100 70 5lbs. . Hlgh Impact Nylon Net:85 Ib.Break Strength _ 25'x 150',75 lbs. 79004-Model 150 Ball Bader Netting • Fast Delivery _ er Netting 37'h'x 150' 125 lbs. 79006-Model 375 Ball earn 50' 150',150 lbs. t��;; ,�caS "�:��tr.- ',qt.;, 79005-Model 500 Bail Barrier Nettingx ;,;%•a��„;t'Q._, '' i ACCESSORIES 79105-Y:Cable Clamps h;' ^'00 Auto Feed Hog Ring Pliers 79106-Y:PVC Coated Cable ; _„ l Auto Hog Rings(25001 500 Reel ♦r en rs at -, e professional netting 9inee ""' . . Custom layouts&installations.The P ' time. Wittek will provide turnkey installations nationwide with a 5 year Call for price quotation and delivery : f guarantee.Custom netting design service and site manformatfon. 37 .; " also available.Please call 1-800-869-1800 for comp —Custom Size Netting available. Call for quote.— 7 City of Southlake,Texas MEMORANDUM December 2, 1994 TO: Curtis E. Hawk, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Ordinance No. 626, 2nd reading. Special Election- January 21, 1995. Ordinance No. 626, calling the Special Election to be held on January 21, 1995, is on the agenda for second reading. As you know, the City Council members and Charter Review Committee met in work session last evening to discuss propositions to be placed on the ballot for the election. As discussed during the work session, the Charter Review Committee has agreed that transitional language is appropriate and they have no concern with changing the residency requirement from 180 days to 90 days. These changes will be incorporated into the redlined copy of the charter by Analeslie Muncy and will be provided to Council Tuesday evening. I have attached a copy of Ordinance No. 626 in the packets. If you have questions, please contact me. ir1/ 4 Is 7'b i EXHIBIT B TO ORDINANCE NO. 626 BALLOT PROPOSITIONS Air PROPOSITION NO. 1 - Election of the City Council Shall the Charter of the City of Southlake be amended to provide for the at-large election of city council members by place numbers; assigning two place numbers to each of three geographical districts; requiring that council members reside in a district to be eligible to become a candidate for a place number assigned to that district; specifying the required length of residency in a district; providing the boundaries of the districts; continuing the Mayor's city-wide residency requirement; continuing three-year terms; continuing staggered terms; and providing for transition; amending Sections 2.02, 2.04, and 2.10? PROPOSITION NO. 2 - Deputy Mayor Pro Tem Shall the Charter of the City of Southlake be amended to provide for the selection of a Deputy Mayor Pro Tem; amending Section 2.07? PROPOSITION NO. 3 - Regular City Council Meetings Shall the Charter of the City of Southlake be amended to authorize the city council to set the time for regular city council meetings by resolution or minute order; amending Sections 2.09 and 3.11? PROPOSITION NO. 4 - City Council Voting Shall the Charter of the City of Southlake be amended to enable the city council to vote at its meetings by electronic device rather than roll call; amending Section 2.11? PROPOSITION NO. 5 - Code of Ethics and Conduct Shall the Charter of the City of Southlake be amended to require the city council to adopt a Code of Ethics and Conduct applicable to elected officers, appointed board, commission, and committee members, and employees of the city; adding Section 2.121? PROPOSITION NO. 6 - Municipal Court Judge Shall the Charter of the City of Southlake be amended to increase the elective term of the municipal court judge from two years to three years to correspond to city council terms and to require the municipal court judge to be a resident of the city; amending Section 2.02 and 5.02? f:\files\muni\slake\charter\ballot PROPOSITION NO. 7 - Adoption of Ordinances Shall the Charter of the City of Southlake be amended to provide that ordinances be passed at two meetings, the second of which must be a regular meeting; and to no longer require the actual reading of ordinances or ordinance captions during council meetings; amending Sections 3.13? PROPOSITION NO. 8 - Master Plan Shall the Charter of the City of Southlake be amended to provide for the content and procedures for adoption and updating of the City's Master Plan; amending Section 11.06? PROPOSITION NO. 9 - Conformance with State and Federal Law Shall the Charter of the City of Southlake be amended to conform with state and federal law with respect to regulation of plats, residency requirements for holding office, filling a vacancy in the Mayor's office, and references to the Texas Open Meetings Act; amending Sections 1.10, 2.04, 2.07, 2.08, 2.09, 2.10, 2.11, and 3.11? PROPOSITION NO. 10 - Clarifying Language and Improving Grammar Mr Shall the Charter of the City of Southlake be amended to clarify the language and improve the grammar of the Charter without making substantive change, amending Sections 1.10, 2.01, 2.07, 2.08, 2.09, 2.10, 3.11, 3.13 and 5.02. L f:\files\muni\slake\charter\ballot TEL No . Nov 9,94 16:34 No .030 P .02 ORDINANCE NO. 626 AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, CALLING A SPECIAL ELECTION FOR JANUARY 21, 1995,FOR THE PURPOSE OF AMENDING THE CITY CHARTER; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABIWTY CAUSE; AND PROVIDING AN EFFECTIVE DATE WUEREAS,the City of Southiake,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 Local Government Code; and WHEREAS, it is the intention of the City Council to call a special election to submit proposed amendments to the City Charter to the voters in accordance with Section 9.004 of the 'Texas i..ocal Government Code; and WHEREAS, an election to submit to the voters proposed amendments to the city charter is required by law to be held on a uniform election date; and WHEREAS,Section 41.001 of the Texas Election Code(the"Code")specifies that the third Saturday in January shall be a uniform election date. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: SECTION 1. The City Council does hereby, on its own motion, order a special election to submit WI L 76- A •• TEL No . Nov 10,94 10:36 No .005 P .02 to the voters of the City of Southlake proposed amendment.% to the City Charter. The proposed amendments to the City Charter are set forth in Exhibit "A," attached to this ordinance and incorporated herein for all purposes. The election shall he conducted • according to the laws of the State of Texas,and shall he held on January 21, 1995,from 7:00 a.m. to 7:00 p.m. SECTION 2. The official ballots for said election shall be prepared in accordance with the Code so as to permit the electors to vote "YES" or "NO" on each proposition, with the ballots to contain such provisions, markings and language as required by law, and with the propositions to be expressed substantially as set forth in Exhibit "B", attached to this ordinance and incorporated herein far all purposes. SECTION 3. The Mayor and City Secretary of the City, in consultation with the City Attorney,are hereby authorized and directed to take any and all action necessary to comply with provisions of the Texas Election Code or other state and federal statutes and constitutions in carrying out the conduct of the election, whether or not expressly authorized herein. eArllCs\muni Wake\ordinncy:harter elc 2 L 76 - 3 TEL No . Nov 9 .94 16:34 No .030 P.04 L. SECTION 4. This ordinance shall be cumulative of all provisions of ordinances and resolutions of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances and resolutions are hereby repealed. SECTION S. It is hereby declared to be the intention of the City Council that the phrases,clauses, • sentences,paragraphs and sections of this ordinance arc severable,and if any phrase,clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction,such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. This ordinance shall be in full force and effect from and after its passage, and it is so ordained. EVitai aunl\stakew dinaliAcharterek 3 L 76 - 1 ••• TEL No . Nov 9 ,94 16:34 No .030 P .05 (hare PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 1994. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1994. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney f:\filc4\muni\a akE\ordinnnc\duincr.cle 4 L I ice" I 7b - • EXHIBIT A TO ORDINANCE NO.0 CITY CHARTER AMENDMENTS: REDLINED CHAPTER I INCORPORATION AND POWERS OF THE CITY 1.10 Platting of Property Should any property situated within the corporate limits of the City or within EN• • be hereafter platted into blocks and lots, the owner or owners of*d property shall comply with the general plan of the City, all provisions of the ordinances, rules and regulations of the City, and all provisions of the applicable State laws. CHAPTER II CITY COUNCIL AND MAYOR 460,- 2.01 Governing Body The governing and lawmaking body of the City shall consist of the Mayor and six Council members and shall be know as the City Council . 2.02 Elective Officers f:.y ii: ....... .. .............:::.:.??:: ::......... �' `e. a-�:�r.an ..th. . a .: :..::. :..: ::.... :::ter-: ?:1a`� f. :.-�-e::. C��.::?.t.'--`x't3:Orf:��'-- r`s�• . "'�: INNSW :�<e:-��`'€-`%'�1%la��:� �`'pll ...'SnC . -�-a1�l��d�>vot�rs��f`�r}xrc:::tlt. . ... <:::�......t >the:>:-.:-l l :..: ::.t. e d 0111111111111111M ........... ..s a ':.be.;that.:;area.:af:tN ` :':-.""-_•:::::f r..:: :,.::. ...........:.::::::::: :............: . $tate<`[- gh vay 1 09 3:::::.?..:; xStx7OI:E: bail:. ::I1 gt44:: :::t 3 .<.00 <: €Amos mmOut l' 15 `-.E:::: .'. . c Caindidate.'.s.: silence 141.0. rsan:shall not be.;e .,,brOM a ca dida tM u .lt wart rsox reid toDis f •< l es< otr4,: •„ ft t (4 �;�4c0s 2>orA>-u*ss:ge:persOri tgarogo .:.;Oti)tstriet 4 for EXHIBIT A SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 1 7b - ,6 �r' Yr;F.:::. •" :x(lare .}:?.< }:Pee } : ``GFt:$:ti`+ 3f # C ) #��`1« �?',_ } .: ...............�a{.. ......... =•............F .............• Y•4:{:.}:ti`x}}i}:4}ii}:•i?4�:+'4:•i}ii9?iY'{>Si}�[4`4'v:i{i:Y•{�iiT:.......- ...:iiii i:i:: ,f "C"} �7 -•}. " <:r.si-(. . i :u*ir 41#.M.I� iN:1�.M.. iAt::he i l :d .MINg to:.•the date of the elect aw . .,1• lr "fSa :i.; Win.{?t1: :: :ii:..,".x � ,:i ; wc: "%? ... �e, .. . ' e'e ?." F.� �hs1" f43 ?. � i" s". irridedi ,�•.��•}".'-:�-1:4YJ:}:•};{4:?.:{.::?v}:{{?-x:??;is{?G}x:??•h x-:S .'•iFi.{?v...--......?i•{:•}:v\3.: x.{ : Men4:v}:4:{u.}:•}i}:{-:x4} ta.n10 "•s11ACA�xrs�s;:l .f.�.,_+8 f itM ' �.�'�. '�'}}'ka��l'��'�. v�C{>'�''�si�s�d�'�' a�dteox£q `��. {�'�.G�;`.�F+R��.�.b..1'�..).:�.�•{S•{+{,,, '°>.�Fr,.�w,rE�!{,� �+�4�,T&ai�is�.c.;''�,�rK\'°�•Sv-u4 ��f3-..3?�'::er.` {r:n• X>j k �,•' F ! 6 � Y+{�l ��" y F tir ':� �)L !y,..�i �{.'2� Yf L y��y?�•{�,f /� '�'�l 4114& {t 85 ., {.: .tx%•-{ g;?ws' �;? rk�a '�: . :3{.• .:\} �'h;_k?.$ ", i.. ?a�,:{r, {��y' •.�i a�,� � `F ro F + ::; ,�:::> ::. r './ f 5' � `�l fXv -; . r.:.�r.; :...,x:., ,_: •.ere.} f^ t}f. ill "[ p r is 3Ei1' Bfe£ deli R•rF f k}. F rr Css3'r E ). 140 v�'?� Yn rH.., of»s�.n swh.fi...y}yw ii 67 ?2.i„•f :.Ss.'?�.,�..�, ,c'.h* r3.h e:{.. '"L...,. c•-t�'•: :.`ahc•{*.c'� � n N. .. .......-..:../\i.% +�.�Sx?�`a .. .; .r wV .irV3g ; •f.•' 5 .i+ �> ?r�'a.4a.a; + a"?}� .�c,�, .....:.:xx-�:�4'r.i:Fl.•::/•• Wit'•' PS AC AVA �:+{.�::•;r{r::.4]x{y!ry4rrrrfy:l:•.. :• •:. xv.v ::• ,;::5r:•+:ii v' �,. "am:: H .{: �;::::../l: �� .:.;:: i�� r V W' ��!gn��,I�.,}' jyl�ty�+S +�/4r �±�( !K( ( / � eVit g• ��• .Y"-•�++.�!,- ' .ri. fC+'`?'�4, ;; CkR $, h:rYM/ £fr n jhcF+r.. d'��'`>+rC d K`, :h\4 .. i.{9{A :TC :.. n :r+..... •'v rr'." .............�.}.:.;s.ii: �::s' .:y:..,�i;"}:�;r. 4"F'%,Mf "Y xY':, •�r?9.4s``.{?ic.23 t 'Cl; S" 'AD?7".. ti � {••. :?•xv}}t}Yhv}:h-0�•Y.vh 3t3 i3 ff a �.f �}� �� "•,w`}�cw'l.�� .� .•:O:Y:N ii:::i�i%LB :4 j:n2;:.. . giiiiihailS :.i}x�{.x}x:.xs<}}}}: (4160* • PaRigirii*. PK:OW .� :r.,r, : } • • u"szn> : • :. • .•b��:.:�.:.....-:: •�.-��-.:�r�:�.�. :u. :::.:..:::......:............................................ tm rs.. th:�'< tiiz�cl'ttttlil<t��>��.��iti4�i:o�`'tT�:�t�. rm�..tau..l=fix...::attdi. �1~td.:��:.�` ...�..�:.::::........Vie.:........ .......................................................... o a d 4 r s v l % }}x-:^}}:}}':::n}'•}}}}if'::•Y:}':4ri•}:ii:}:-::!•i}}-}-}::•}Y.-.:r:iit:"?:•}}}-•.}i:•} J $ii%:t:v}>:•::'! -:}:.:• 4•r {:•:r}.1:!•Y--.x• 1'`::��{ii'/.�{i+!{':x 4:M �f�•�{$.'v• .:rtri'... •"'fi>.�go- ' :s}.:' n.:• -. l a h. .f.. .:?:..<}:: urn�.. ......::� . : .:::::::::::.�:::::::::::::::::::::::::::::::::.�::::::::::::.�::::::::::::::::::::.�:::::::::.::::::::::: The members of the Council shall be-elected and hold office as herein provided. All Mayor and each member of the Council shall hold office for a three (3) year term. Upon expiration of elected for terms as follows: DI ce 1 lnd Place 6 shall be elected fora_term- of two (2) .e.,rl. . -th- the regular City electien held on the first Saturday in May, 1991. L EXHIBIT A SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 2 • " 7� 7 • • Cr Place 2 and the Mayor shall be elected for three (3) years terms, beginning with the fegulaf-Gity-eleetieft-held-eii-the-fir-A-Sotar-day-in-May1991r P4aee--VP-laee-4T-afld-4)-Iaee---5-shall-13e-eleeted-4e-4er-fns-ef4hr-ee--O-YyeafsT43eginning with-the-regular-City-eleetien-held-eli-the--firet-Sattifday-fil-Mayr-19921. Upen-the-expifatien-ef-the-abeve-terms-ef-the-Mayer-and-GetlfleilillenstbeEs;411eir-sueeessefs shall-be-eleeted--fer-tefms-ef-three-*yeafs—All-plaeesr-meludmg-PvfayeFrwill-13e-eleeted-at larger4naee-3T-Pleee4rand-Pktee-S-shall-63--eleeted-411-even--nembereelear-sr421ace-17-Plaee 2,-Plaee-6ra-nd4he-MayeFrsha1143e-eleeted--in--the--edd--nufnbere4"feafsz The Judge of the Municipal Court shall be elected for two (2) year terms on odd numbered years. All places, including the Mayor, will be elected at large. (Amended on January-19, 1991) * * * * * * 2.04 Qualifications Mi candidates Each FoNglimmokomyjcandidate for Mayor or-enEl Councilman m—e";13-e-r-Siill-rnvee"t the following qualifications: (1) shall be at least twenty-one (21) years of age; (2) shall be a citizen of the United Statesef-AmeFiea-ancl-a-qualified-veter-ef-the State of Texa&; (3) Shall-be a qualified voter of the City: (4) ShallHkgeNtillhave resided for at least twelve (12) months preceding the . and election within the corporate limits of the City; Arit 5-,Shall-net-be-in-ar-fear-s-in-the payment of any taxes or other liabilities due the City; 4,..,,t,::::.., •)::......7:xix:::.,:•:<4::VSK4Mnp•A,•EW::$:-.: ::-:ki:-::4•:::f!*.:!x:, •...:f•x:Z., :::,74:::•:::••;*':;. •*.S::::.x.,,Sx,:i:sr•:,..,e%.1.7. e:..,;x4-...:4,::::i;••.;,*:*.V.:,::•Air;•::. :,..*;3V: '..%::::::::% K•Al . • •••3 -NAM. WA ••••••••-:......... .••—.'''•••'••-•::.:::::•,:••••::::::•::::::::::::::::;::::::: :,:::::i:::::::%:•:;::•v4::::i;•i:::•:'::::.:::::::Z:::•::::••••:•x:;:::: :;:;N:4::::;•••::::A:::•:•••::::::::::,,:::::::::•;;I::::::::::::::::::::::::•:: ::: : :,,51:::•:::•::::::: ... ' ....." SaiiiiiiirE02-1.:0:"TefetireKMO-Ntittibbr25Fiksilutirth&perstat:Ww..tandidatv: ----:.:.:—.': .N }:iii...:..........:g!,..........::iii:..,:.....-..;.:::..a.•::,..i......:::...::.......:.....g.............::2:::..:i...::,.......::i:i::•.:.....:::K!......:......::-....,:.:K..;....t:.............,-....,-,-..,-..K (1) When any member of the Council no longer possesses all of the qualifications specified in this section, or is convicted of a felony or any offense involving moral turpitude while in office, the such office shall immediately and automatically become vacant. The Council shall be the judge of the qualifications of its members and for these such purposes shall have the power to subpoena witnesses and require the production of records, but the decision of the Council in any case shall be subject to review by the courts. * * * * * * Col EXHIBIT A SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 3 76-a . • 2.07 Mayor Pro Tem WitOSAPOWINIONCO1 At the first meeting #.#0 of each ii§hOtaadWinteg§011000: WWWINStinew Council, or as soon thereafter as practicable, the Mayor shalmftwoommittg wog appoint one of the Councilmen rg • as Mayor Pro Tern who shall hold It r, office§ for one year. The Mayor Pro Tern shall perform the duties of Mayor in case of the absence or disability of the Mayor, and-if-a-vaeaney-shall-eceur-in-the-effiee-ef-MayeEr shall-beeeme Mayer-until-the-next-regular-eleetien. In case of absence or disability of both the Mayor and the Mayor Pro Tem, the remaining te-aet-as-10.. Mayor Pro Tern th:PrAliMariVagRaW7--:. 2.08 Vacancies; Forfeiture of Office; Filling of Vacancies (a) Vacancies. The office of a Councilman ONO shall become vacant upon he miligiosigi his death, resignation, removal from office (in any manner authorized by law), or forfeiture of-his office. (b) Forfeiture of Office. ''''''''''''''''''''''' ''''''An elected official shall forfeit his or her office if kiitin*IfgliilitOtIONNIMONSTOCANIEROMi-he (46w (1) lacks at any time-dur-ing-Iiis-ter-m-ef-effiee any qualification for the office prescribed by this charter or by Ma law; (2) violates any expressed prohibition of this charter; (3) is convicted of a felony crime or is convicted of a crime involving moral turpitude; or (4) fails to attend two consecutive regular meetings of the Council without being excused by the Council. (c) Filling of Vacancies.In the event of a vacancy occurring in the Council, except for the position of Mayor, from tatta., mostainolowigoimatantrosi any-eause-y,thatseeverT a special election shall be held on the next election date authorized by the Texas Election Code that is a least 45 days after the vacancy occurs for the purpose of filling th such vacancy. If the vacancy occurs within ninety (90) days prior to a general election, the vacancy shall be filled at the general election. All vacancies filled under this Section 2.08(c) shall be for the unexpired term of the office filled. 2.09 Meetings of the City Council The Council shall hold at least two regular meetings each month on the first and third Tuesday evenings of (lie said month at a time to be fixed by ordinance for such regular (lhow meetings, unless the-such dates fall on a regularly observed City holiday, provided that the EXHIBIT A SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 4 1710 - • • Li Council may establish as many additional regular meetings during the month as may be necessary for the transaction of the business of the City and its citizens. All meetings of the Council shall be open in accordance with and except as provided by the Ty Open Meetings Act, # w} V > J ir k 4' ° 7A: A EE ;MIY . , and shall be held at the City Hall, except that the Council may designate another place for ��` ett meetings. 2.10 Special Meetings The Mayor or a majority of the other members of the Council may call special meetings by giving notice to the City Secretary who shall notify each member of the Council of the time of such meeting and IV purpose thereof Only matters set forth in an agenda posted in accordance with the ' `" Open Meetings Act, f��„ �' ` :g ', '` gf ;'. ' _ a4 ;; ' �' 1 A_ticle 6252 17 of Ve w etated T., Civil Statutes, shall be considered. 2.11 Rules of the Council; Minutes and Procedures a) The council shall provide for citizen participation at any meeting with regard to any matter under consideration in accordance with rules and regulations as the Council may provide. The Council shall provide for minutes being taken and recorded for all meetings, Nie and such minutes shall be a public record. Minutes of all meetings of the Council shall be promptly entered within forty-eight (48) hours after approval in the permanent official records of the City, and the City Secretary, or other designated person, shall at the same time provide a permanent and adequate index showing the action of the Council in regard to all matters submitted to it at both regular and special sessions. Voting, except on procedural motions, shall be by roll call tillegfaillaRa and shall be recorded in the minutes. The vote upon the passage of all ordinances and resolutions shall be taken by the "ayes" and "nays" and entered upon the minutes, and every ordinance or resolution, upon its final passage, shall be authenticated by the signature of the presiding officer and the person performing the duties of the City Secretary. 04) Any item requested by one (1) or more members of the Council or by the City Manager shall be placed on the agenda by the City Secretary. The Mayor will establish the order of the agenda for each Council meeting. The City Secretary shall prepare the agenda, which shall be publicly posted at City Hall in accordance with the Texas Open Meetings Act, Chapter.:..rs..,5. ,:G:overnment,: de..Vernon:::s:: e s: des Annotated Article 6252 17 of the Revised Civil Statutes of Texas. L EXHIBIT A SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 5 76 -/° (i,,, ..........,.,..„„,..:,......... ,:„.,.........:.:.:. , . - , •}ss:- w.G .c xx go-..-y s k..a..:%x:.}%.�?:..:::'.tea\:.:sabis3.?%xc• E�s+arH."L-a. ��n;, v m::rss:::::n:.?.icsys%:x:.c..::....: .:::. : ::::.: }}V%: ^}N%}. m}YA}>} '}Y��: Mom}}: .Y.S%} ::}-. ••:F i} Vi%! 'O ! :T�x• ::::..:' :R :}.:.:�:...... --. ..Jt�:\ ';•?:f?: V �.'}• 't5••i .v.4_ \•.f: f .Y.3Fi%''. * * * * * * CHAPTER III RESPONSIBILITIES OF THE CITY COUNCIL * * * 3.11 Action Requiring an Ordinance OA The Council shall legislate by ordinance. In addition to other acts required by law or by specific provision of this Charter to be done by ordinance, those acts of the Council shall be by ordinance which: (1) Adopt or amend an administrative code or establish, alter or abolish any city Li" board, department, office, or agency; (2) Provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed; (3) Levy taxes, except as otherwise provided in Sections 9.01 - 9.11 with respect to the property tax levied by adoption of the budget; (4) Grant, renew or extend a franchise; (5) Regulate the rate charged for services by a public utility; (6) Authorize the borrowing of money; (7) Convey, lease or authorize the conveyance or lease of any lands of the City; (8) Adopt with or without amendment ordinances proposed under the initiative power; and (9) Amend or repeal any ordinance previously adopted, except as otherwise provided in Section 7.30 with respect to repeal of ordinances reconsidered under the referendum power. EXHIBIT A SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 6 76-// • (kw Acts other than those referred to in the preceding sentence may be done either by y:.i�v.'{ri,••iyii'".:�i {i;r-'2yii7:.�::.;::::.vr•�.r;•.:,f ordinance, resolution or minute order. ' t M 5 ? !by '&ette.:�,. -.`a), All ordinances and resolutions may be passed at any regular meeting or special meeting called ............... ................ for that purpose, provided notice has been given in accordance with the ' Open ........ ... Meetings Act, W 6257 17 oft e o„_i ed Civil Statues of Texa. 3.13 Procedure for Enacting Ordinances, Publication Upon introduction of any ordinance by a Council member, the City Secretary shall distribute a copy to the Mayor, each Council member and to the City Manager, and shall file a reasonable number of copies in the Office of the City Secretary and such other public places as the Council may designate. All ordinances, exclusive of emergency ordinances, defined by Section -' of P'..,i`4 Charter for the City, shall be ,f:„ R`, ,5' ' , reed in open meetings of the Council -e$two 2 separate Council meetin_ >xs;Y�=`'f 3 which shall be a regular meeting , The City Secretary shall publish the proposed ordinance or its caption and penalty together with a notice setting L out the time and place for a public hearing thereon and for its consideration by the Council at least ten (10) days before the second .,,4747. reading. All persons interested shall have the opportunity to be heard. After the hearing, the Council may adopt the ordinance with or without amendment or reject it but, if it is amended as to any matter of substance, the Council may not adopt it until the ordinance or its amended sections have been subjected to all the procedures hcrcinbcfore required in the case of a newly introduced ordinance. The City Attorney shall approve as to legality all ordinances prior to final adoption. ( Except as otherwise provided by law or this Charter, the City Secretary shall give notice of the enactment of every ordinance imposing any penalty, fine or forfeiture for any violation of any of its provisions, and of every other ordinance required by law or this Charter to be published, by causing the-said ordinance or its preamble and penalty, to be published at least one (1) time within ten (10) days; after ta final passage; thereof in the official City newspaper. The affidavit of such publication by the publisher of the newspaper taken before any officer authorized to administer oaths and filed with the City Secretary, shall be conclusive proof of the legal publication and promulgation of such ordinance in all courts. All ordinances requiring publication shall take effect; immediately upon publication; unless otherwise provided by>tkhe-such ordinance. (c) Every ordinance shall be authenticated by the signature of the City Secretary. The approval or signature of the Mayor shall not be necessary. Every ordinance enacted by the EXHIBIT A SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 7 �d -/a • • Council shall be filea with the City Secretary who shall record all ordinances, orders, and resolutions adopted by the Council in a properly indexed book kept for that purpose. CHAPTER V COURTS 5.02 Judge of the Court The"Judge of the Municipal Court",shall be elected by the qualified voters pursuant to state statute. The Judge shall be an attorney in good standinkaod licensed to practice in the State of Texas and must meet all other qualifications established by gemmowie etA � a . . ' St . The Judge shall serve for r•ar.:�:rruwmms�•aa� • asrs. r.r:,•.<;::>:w:nrw.•.•xrx sw.or: Y:rr two {2) year term. The Council shall fix the compensation for the Judge and such compensation shall never be based on fines assessed or collected. CHAPTER XI PLANNING AND ZONING * * * * * * 11.06 The Master Plan 01) The Planning and Zoning Commission shall formulate and recommend to the Council a Comprehensive Master Plan and shall consult with the City Manager and with other City departments regarding planning. fib)The Master Plan for the physical development of the City shall contain the Commission's recommendations for growth, development and beautification of the City nfrastrut`furt: t? :t 4:man am::anr ;;; nbanc:? > ie .th-° etyM:a .dt wel re ff<its • priositimogim h>_ r '>::'far `: la <`'�>:Thy;>;:;>:;: ::.::;;:.:.;;P:.;;::.;i e tr:a l maste <pla`< `�� < >Cite 'd�.::.:::.::::<rn. :.:::.:::r::.:.::: ,:,, EXHIBIT A SOUTHLAKE CITY CHARTER AMENDMENTS - PAGE 8 76 -/,3 v`•:r:•<''f 'd'`W QrT �dT •:}:W R;>:e': �k t'rI I*1 (my ._.�ivvvv......:.v\\\{-:.v4.4At{v{inKQyv.\.A\v.+�-}:\w::vv?yi:.:Y4�vY..}:i-k f • .h (VO e8.G.6..G 8 G ....6 ;YO' i a' l `r% a g ''rPMihif 6KO 6K; I MMHi r.gterSgi;.ott.; si A copy of the Master Plan, or any part thereof, shall be forwarded to the Y gr.arAriat " 6 d 8 &6k` :.�. i6536 GB 0Y 8G�. i8 G•. �, .n�`�. � ��4:,:.�E:� ��°�.�� .��,,.,,�� , � Council, which may adopt this plan in whole or in part, and may adopt any amendments thereto after at least one public hearing on the proposed action. , he budget y ar, to the City ..,it it t„ th C ith hi endations thereen . ._ti : .fr... .f.. .:.; :v-'•} ...n A: •.j?f•.:Y,.{::.tiY. :4nifyli:i)i;{%iir-.-{:'•}. ;.{,}i}}::Y:•?:•:4}%r':�.iiir:i'•:?i.'i;:{IC:ii:{:1�✓i is (:d::< ' I I ' : : x R. 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'.ii:.: is O.:: : :r.::.:.?i :.:: :i...: : .::Ball. ..::a....:.:•IR > C. iii:0 ail.::.:mot ..' fil ........:.::::.:::{{.i:.Y.:{.:ii:.i--:.::::..i....i::..:....::...:::::.i.v.:::::..,a:...::.... ::L�.�....::::..:: ....::.:...::.. i:.:...:r.........................................:.:::::::::: Yk-:::.eT...� �...... ?:Stj:?l:S.. .;�:cY':S.I':.g;��'/.••`�`f?:•::'Lr.t{} -':dx:' y:<:9'•.;:.- Y:{ ut.:oY.�: :�. � � •:G �Yam•'•' ;F'�% "'Y:i`r'?;-�: }}v'-0??:4?'-;i?:{•}}:{-}}}::•.:....:.{x::::::::.::.: 1?:}}v.Y:::. •::i-::ft--::•:•;}'f.-. :L:}'r'}:w::x.- r•w ::):?:•?Y}}}}}y:4?%:.Y:•i.}Y'l:'i:•Y:iYnY:fi:•Yrf4}%{.}}}'-}:?i'rr.::w.-..v:::r::::nv.::r:.:: I�YJ:�'Z!�!:1�V�S�:'��Gdf11:. .I'�rht3d'�}��':`.t�'.'....:;".,•:<, ..:..:.�. :..,.:::.r:.>Y:.:,::.:.,r ..:i...f�::n'.'::.:.{.:,,..:.::-:.�:f f.� ::::::"' . ... .:. (£ The Council shall act on such plan, or part thereof, within sixty (60) days following its submission. If such plan, or part thereof, shall be rejected by the Council, the Commission may modify such plan or part thereof, and again forward it to the Council for consideration. ( All amendments to the Master Plan recommended by the Commission shall be submitted to the Council for approval in accordance with the procedures required by this Section 11.06, and all other recommendations affecting the Master Plan shall be accompanied by a recommendation from the Planning and Zoning Commission. (law' EXHIBIT A SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 9 7b -/� PROPOSED BALLOT PROPOSITIONS CITY CHARTER AMENDMENTS PROPOSITION NO. 1 - Election of the City Council Shall the Charter of the City of Southlake be amended to provide for the at-large election of city council members by place numbers; assigning two place numbers to each of three geographical districts;requiring that council members reside in a district to be eligible to become a candidate for a place number assigned to that district; specifying the required length of residency in a district; providing the boundaries of the districts; continuing the Mayor's city-wide residency requirement; continuing three-year terms; continuing staggered terms; and providing for transition, amending Sections 2.02, 2.04, and 2.10? PROPOSITION NO. 2 - Deputy Mayor Pro Tem Shall the Charter of the City of Southlake be amended to provide for the selection of a Deputy Mayor Pro Tem, amending Section 2.07? PROPOSITION NO. 3 - Regular City Council Meetings Alow Shall the Charter of the City of Southlake be amended to authorize the city council to set the time for regular city council meetings by resolution or minute order, amending Sections 2.09 and 3.11? PROPOSITION NO. 4 - City Council Voting Shall the Charter of the City of Southlake be amended to enable the city council to vote at its meetings by electronic device rather than roll call, amending Section 2.11? PROPOSITION NO. 5 - Code of Ethics and Conduct Shall the Charter of the City of Southlake be amended to require the city council to adopt a Code of Ethics and Conduct applicable to elected officers, appointed board, commission, and committee members, and employees of the city, adding Section 2.131? PROPOSITION NO. 6 - Municipal Court Judge Shall the Charter of the City of Southlake be amended to increase the elective term of the municipal court judge from two years to three years to correspond to city council terms and to require the municipal court judge to be a resident of the city, amending Sections 2.02 and 5.02? C., PROPOSITION NO. 7 - Adoption of Ordinances Shall the Charter of the City of Southlake be amended to provide that ordinances be passed at two meetings, the second of which must be a regular meeting; and to no ((ow, longer require the actual reading of ordinances during council meetings, amending Sections 3.11 and 3.13? PROPOSITION NO. 8 - Master Plan Shall the Charter of the City of Southlake be amended to provide for the content and procedures for adoption and updating of the city's Master Plan, amending Section 11.06? PROPOSITION NO. 9 - Conformance with State and Federal Law Shall the Charter of the City of Southlake be amended to conform with state and federal law with respect to regulation of plats, residency requirements for holding office; filling a vacancy in the Mayor's office, and references to the Texas Open Meetings Act, amending Sections 1.10, 2.04, 2.07, 2.08(c), 2..09, 2.10, and 3.11? PROPOSITION NO. 10 - Clarifying Language and Improving Grammar Shall the Charter of the City of Southlake be amended to clarify the language and improve the grammar of the Charter without making substantive change, amending Sections 1.10, 2.01, 2.04, 2.07, 2.08(c), 2.09, 2.10, and 3.13? cL L.+ 4pL-=75 - 76 -/b City of Southlake,Texas MEMORANDUM December 2, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy,Zoning Administrator SUBJECT: ZA 94-136 Preliminary Plat/Coventry REQUESTED ACTION: Preliminary Plat for Coventry,being 103.577 acres situated in the T.M. Hood Survey, Abstract 706, being Tracts 1 & 1C, 1A, 1B, 3A, 3C, 11B, and Lots 1 & 2, Bradley Addition LOCATION: West of Shady Oaks Dr. on the East side of N. Peytonville Ave., approximately 1/2 mile South of W. Dove St. OWNERS: Helen Taylor and Harry J. Bradley APPLICANT: PIMA Properties, Inc. CURRENT ZONING: "R-P.U.D." Residential Planned Unit Development LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Thirty-four(34) RESPONSES: Seven written responses received within the 200' notification area: * Everett A. Allen, 1201 Cypress Creek Ct., opposed; does not want less than one acre lots or possible area flooding in excess of what floods now. * Ellen C. McCully, 605 W. Highland St., opposed; her continued concerns are: the high density of homes per acre; Highland St. and Shady Oaks are inadequate for increased volume of traffic; ecological effect of clear-cutting that much acreage and natural water run-off; and there is still no discussion of current residents being able to access city sewage system. * Glen B. Burgess,Jr., 1253 N. Peytonville Ave., opposed; all of the same reasons stated in previous writings pertaining to rezoning and development plan case- too numerous to list. * Sharon L. Welch, 598 Garden Ct., opposed; traffic problems,taking away country atmosphere, minimum lots should be one acre. * Lorn M. Bolton, 1200 Cypress Creek Ct., opposed; does not want the expense of sewer hook up. Cfi- • City of South lake,Texas * Michael L. Howard, 1300 N. Shady Oaks Drive, opposed; loss of rural climate, devaluation of property, increase in traffic not only from new subdivision but also from new school. Mr. Howard purchased his property to get away from the city style housing additions and to have the peace of country living. * Benjamin and Mary Goodman, 1700 Shady Oaks Drive, opposed; see attached letter. P&Z ACTION: November 17, 1994; Approved (7-0) subject to the first Plat Review Summary dated November 11, 1994 and per the alternate plan. STAFF COMMENTS: The Applicant has met all the review comments of the first Plat Review Summary dated November 11, 1994 with the exception of those items addressed in the attached second Plat Review Summary dated December 2, 1994. Note that the alternate plan presented to P&Z incorporated additional open space required for storm water detention. The total number of residential lots remains the same,however,one lot adjacent to the open space at the Shady Oaks entry was relocated to the interior of the property. KPG/bls (tow G:\W PF\MEMO\CASES\94-136PP.W PD Benjamin(NW and MaryGoodman 16 November, 1994 1700 Shady Oaks Drive Southlake , Texas 76092 (817) 329 4477 D ,. Dlln nrp Southlake Planning and Zoning Committee NOV 1 Southlake City Hall 61994 ! i Southlake, Texas 76092 na Dear Sirs, • Tonight you will be looking at the platt for the Coventry Development Project. Before you grant approval for the final platt please ensure that the developer commits to a effective drainage plan for the project -- specifically for the Shady Oaks side of the development. In all the project approval hearings this was the number 1 point of contention between the surrounding neighbors and the developers. You assured us that this would not be a problem as no permit would be issued until the drainage problems were worked out, yet I still do not know what the developer or the city plans to do . Please consider Coventry ' s impact on us before the project is allowed to begin construction . Thank you. L S - 3 I •'".. 1 i 61.1 4 r'V / , 'n t11111� 7A, IA:IIAI N R At I \ / �� {yll..rrr �Un i� ( .• YID ( NFoRp Qo �___ v--r) r 1 A . T Vn�ar.NIitfJ ��. G a.�. _ \\�\\ �A�G�—� K 11 . - tlA ,k it U I. nu K I Mt I I� ,In lID I :r in A<x; 1A1EQN nark i:d$:J' s cJ e,.n A< 1 p,� a_ u,e� Es-c I un Aq m • ..01k 3 .7 A< Mil an A MP° 6:A t N 10 q,6 \ 6o w.a.eol` c� (ROM/OM `,{� ill^ ■ `► I u k t k -_/ -_ 1 5 SA �-rC ' 1 1 Ae]A, [i 66 162 136 Ac ' 1.I5 ,e11� :4MIL�J a:,OOq:, 661 K�I ""° RGRRTAZES tl ,,, RES _- RE. O. Y w C-) , I, rG , 0LD : i. r ' - Go, • 362 t Y,N, MARTIN ILL,►Qp' C. IA 'u merr ss =.cry r 6wA. ROWS ._,�. ,u,K. -s6., w— •v — A. ns 6 :p . aA•n _n .F ru.,v a-Ln ' 1 J IA1 IA Q a 5 ° p p154 x •xxmy I I54 LAMP EStA E ROG° _ '' 9 c Rt L '•, �' Is ti bhi,n. 18I� i 1°A< (1� �011' ' I n r IN r si..�`` rit.im.p,,F-homi„.JVI _.I R Q�......�0 ..., :�I 10 r w Q'I'ro 1 " m In 1©�' --Vi51A- •.. _... a : II p wi - 1 5,,,,,_ iL,,, iii 1- IF ___. e in la ,6 I( --- - -'-- '--.- - i --,-ip,5 ' .1501, al� . „T� .. ® 'r/{{O, se.1.. .a 1 � si Iv" ��+-. 'T��RS x I L_ G c p9N. ,u � ...,.,..,:.>_.y - 1d1r' , E•5 1 I � Rci4 --- --- VILLA I A GRp ' ; I:Mil la E, f2 I A RVJi101 OM IC al 'g f" r y: 'y "I Y me nn fup °° ea aII� 11111 ; -ç • �. ' . 5 ^ cR - a. 6m 5A2 - - - - ®-- I ' 61,11 ( y'•�-..�' ` 11 MI SIB . , ' . , • -..R5• 5• • "....0"' � b a" BAN •y ... Ma N. n R J. 1#651(EK. , , ' • `_x,n j• " •''7/ -0_''r r'r: .‘�'." A% `7 f, ®I LLái '-- wORp CS MN, ss ,o CO l . •c)• -4 1 - ',_ 1" 0�., '11111i1 'a .. •••ra• ' -----t ii., ..., .. J r , ' 0C/ /' , . ' Li FQIC,E RKK i •ALL �N:ENN I`i -i-_ = 1:2 0 r /7 �I .tiu •-.ram 81 V�'RK _ _ C l '- , - fi'`GER, ® C1- r\ LL 40, se: 007 L bg6 • }{{ AD110 �'—__ �1-�' © i 'o '� Pf1A5tre �� E z.-.7 TO ® �„K ,:u JB �.> xa Vp D • Y.v� ®� u ■ to- :u 2. x,' HIGH SCHOOL -, x" 1 - r' •_ t '..- . ,--, ifitt ! �-- Hop IS • > EKE r� ri/.cI91r�®�GN NKG . d� � ,. : TRACT MAP ,, ,/ y _,G•,RQ 5 I FgI , 36 �J ;+( .,,k �".,ill �pl�' rn a ,4 .j� v Too, � .' i 1 ' `"{1 K // xr" Inf t I'll, IU(7�1 _i J F.caws 13 Ac "AG" S.Welch "SF-1 A" ''SF-1 A" R.Hill / P.Smith \\ t, 36 & 1 B.Goodman\ 2D R.Moore C Jl • "AG" 1 " 2G I •`° m N B.Ramsey "AG" a 5F-1 A" ' ,r) R.Hinman eAG„i-14 2,J j E 2H m L Croy "AG'i'I r 1 D.Deck 2F "SF-1 A" Q 1 B J.Salinas - 2E1 "AG u > "AG" 2B - r. Q J.Barlean I E.Allen "AG" • 3D D.Moilan L J R ( c.1 � 3H 2C G.Stewart "AG" o r l �) J J.Glover " '�� 2C1 (1 (� % E.Shuping AG - — LI3 M.Howard"AG„ _ — — �"AG"� 2A D.Weeks .St3 3E — (^ 3B1 7 Ac _"SF-1. - /'• G.Burgess 2. 'c; "AG" R.Moss R.Jones LI ir:,- 3B2 3F -4 0 r , Q► -.(l "S F-1 A" tc Sumner S •VE A M.Hall I ._.i 11 I `h 'N. 3 A i ( IAA J_McCully t, F.Bailey " 11 E 8A6 a � 11 C AG � p "AG" P.Eggar , J.Clow f0 € x Spin #11 Representatives R. Maness & R. Jones Cy- ADJACENT OWNERS AND ZONING q\-- City of Southlake,Texas PLAT REVIEW SUMMARY Case No: ZA 94-136 Review No: Two Date of Review: 12/02/94 Project Name: Preliminary Plat- Coventry OWNER/APPLICANT: ENGINEER/SURVEYOR: Pima Properties J.E. Levitt Engineers, Inc. 5215 N. O'Connor, Suite 200 726 Commerce Street Irving, TX 75035 Southlake, TX 76092 Phone: Phone: (817)488-3313 Fax: Fax: (817) 329-0407 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/21/94 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT TOM ELGIN AT(817)481-5581,EXT.753. 1. Provide the name of the record owner and deed record for the unplatted tract in the southeast corner of Highland and Shady Oaks. 2. The following changes should be made with regard to platted property within 200': A. Show and label the existing 15' U.E. along the common line of Lots 8 & 9 of the Garden Addition. B. Although it is outside 200', the James Burgess tract has been platted. Please show as dashed the lot lines and easements, and label the lot& block numbers, easements, subdivision name and plat record for the Burger Addition Cabinet A, Slide#1516.) 3. The following changes should be made with regard to easements: A. Provide a 5' perimeter U.E. along the boundary of the addition (except along R.O.W.) B. Show,dimension and label proposed drainage easements. (The portions of the common areas designed for storm water detention/retention should be designated as drainage easements. 4. Label the proposed R.O.W. dedication along Peytonville and Shady Oaks. 5. Provide a "Block 1" label for Lots 1-5 & 21-30. 6. Label all front building setback lines, especially at any breakpoint or discontinuation. The development regulations require a minimum 40' front building setback line for all lots greater than 40,000 s.f. (The front building setback lines for Lots 7, 8, 27,28&28,Block 2, are incorrectly shown as 35'.) 13+- (� City of Southlake,Texas 7. The following are missing scaled interior dimensions: tillif Common Areas#1 &#3 Block 2; Lots 2, 3, & 5. * The plat of Lots 1 &2,Bradley Addition,will have to be vacated prior to the recording of a final plat of any portion of the Coventry addition. * A completely corrected preliminary water, sewer and drainage plan is required with the submittal of a final plat. * No utility easements to serve the interior lots have been shown. Provide all appropriate easements depending on the intentions to provide electric from the front or rear of the lots. * We recommend this plat not be filed until the construction plans have been substantially approved. This will ensure adequate easements and fmish floor elevations. * The Developer's Agreement for this addition should consider perimeter street and drainage, park dedication requirements, off-site sewer extensions, and off-site grade-to-drain permission. * All taxes due must be paid prior to filing this plat in the County records. * Denotes Informational Comment cc: Helen Taylor, 1200 Shady Oaks, Southlake,TX,76092 Harry J. Bradley, 1645 N. Peytonville Avenue, Southlake,TX, 76092 Pima Properties J.E. Levitt Engineers, Inc. 'F- 7 el >4 • I f if El L 1 1 Iles I 1 0 li It In a I Mu II I t i --- ' ® irepo ' I I! I ! I , >e tl 1 10 re fitt 1 I 111 co, t:, li t-u to,1, r : quoiji '$1 - i IrltgiMplOtiketgANNN '440. - I IF 1-"Arr--62--k-u-- (jOgi-Nixgtfr4Ottl '14 ,0 I 1 1 _I or iv> edirk‘ 418, a ,:" %it; i'.&,* u -:y 1 ..!-- 1.1, •-•r-m.114% :1"n\r'ir:X ALVItOPF41# 1 Mk 171' I' rOlittititTri`04\ 40,e'Alp\44:,...ttisli ;40 5 44 ;51:livitriti,40:,.\•-, g_ve..igmejmi,4 I1 6 , g ,__I 0 lrf:t4 I , in lib, i„,_,„. it4,„„r„... ....,..,..:- .iic,,,�� e� it it ‘411 ' 110 Ill 11: IT litYik :-.E201,14410: _. pi:1 p W a:i�?•' y 'JL ___ • =1 i • .* iI 1 _I i — i i 1' I 1 1I 1 At i I 1 PIll b '1i' �* i11Iiiishlii1$,IiIII1 .wA 4.1.1 MI TEL No . Nov 10 ,94 15 :04 No .010 P .05 (ire RESOLUTIO N NO. r0 A RESOLUTION ESTABLISHING PROCEDURES FOR A SPECIAL ELECTION CALLED BY THE CITY COUNCIL FOR JANUARY 21, 1995, ESTABLISHING ELECTION PRECINCTS, DESIGNATING ELECTION JUDGES AND PROVIDING COMPENSATION THEREFORE; DESIGNATING POLLING PLACES; PROVIDING FOR EARLY VOTING; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, by Ordinance No. 626 the City Council has called a special election for the purpose of submitting to the voters proposed amendments to the city charter; and WHEREAS, by this resolution the City Council intends to establish procedures for that election. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: (sr' SECTION 1. In accordance with Section 42.061 of the Texas Election Code (the "Code") the City Council hereby establishes its election precincts for all municipal elections from and after the effective date of this ordinance, such precincts to be coterminous with the boundaries of the below-listed election precincts established by the Denton County and Tarrant County Commissioners' Courts to the extent such election precincts are within the corporate boundaries of the City: Denton County Election Precinct No. 318 Tarrant County Election Precinct No. 3039 Tarrant County Election Precinct No. 3040 Tarrant County Election Precinct No. 3286 Tarrant County Election Precinct No. 3359 Tarrant County Election Precinct No. 3470 (Aides L g4 - 1 TEL No . Nov 11 ,94 1U :61 No .UU4 P .U2 (lisse SECTION 2. The polling place for the election precincts of the City shalt be City Hall, 667 North Carroll Avenue, Southlake, Texas. The polls shall be open from 7:00 a.m. to 7:00 p.m. on January 21, 1995 in accordance with and pursuant to the requirements of the Texas Election Code. SECTION 3. The following named individuals, residing at their respective addresses, are hereby appointed presiding election judge and alternate presiding judge,respectively,at the election: Presiding Election Judge-Aloha Payne, 1213 Whispering Lane, Southlake, Texas Presiding Alternate Judge-Joan Dunbar, 1202 Oak Wood Trail, Southlake, Texas The election judge may appoint election clerks to assist the Judge in the conduct of the election, not to exceed six (6) clerks. All election clerks shall be qualified voters of the City. SECTION 4. The presiding election judge, alternate presiding election judge and each election clerk shall be compensated at the rate of Six Dollars ($6.00) per hour in accordance with Section 32.091 of the Texas Election Code. The presiding election judge shall also be paid the additional sum of Twenty-five Dollars ($25.00)for delivering the returns of the election. SECTION 5. Early voting by personal appearance shall be conducted in the Office of City Secretary at City Hall, 667 North Carroll Avenue, Southlake, 'Texas, on the following days t-\files\muui\nlakeVes\chater.cic 2 L TEL No . Nov 10,94 15 :04 No .010 P .0? L, during the following hours: January 02-January 06 Monday-Friday 8:00 a.m.to 5:00 p.m. January 09-January 13 Monday-Friday 8:00 a.m.to 5:00 p.m. January 14 Saturday 8:00 a.m.to 5:00 p.m. January 15 Sunday No voting January 16-January 17 Monday-Tuesday 8:00 a.m. to 7:00 p.m. Applications for absentee voting by mail shall be delivered to the City Secretary at the above address. Early voting, both by personal appearance and by mail, shall be by paper ballots and shall be canvassed by the Early Ballot Board, which is hereby created. The presiding Election Judge and the alternate presiding Election Judge appointed herein shall serve as the presiding officer and the alternate presiding officer, respectively, or the Early Ballot Board. The other election officer serving at the election shall serve as the other members of the Early Ballot Board for the election. L, SECTION 6. Notice of the election must include a substantial copy of the proposed Charter amendments and shall be published in the newspaper in accordance with the provisions of the Code and Section 9.004(c)of the Texas Local Government Code on December 28, 1994 and January 4, 1995, and shall be posted in the regular place for posting notice of meetings of the City Council of the City. SECTION 7. Canvassing of returns shall take place during a special City Council meeting to be held on January 23, 1995, at 6:00 p.m., in the City Council Chambers of City Hall, 667 North L•\Glcs\Muni\stake\1 \chancr.cic 3 L. g-c I NU IVUV 1U , 4 1J •U4 HU .UiU r .uo (kW' - Carroll Avenue, Southlake. SECTION 8. This Resolution shall be effective upon its adoption. PASSED AND APPROVED this the day of_ , 1994. CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATI'1;S l: (ire Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas f:\files\muni\xlatc\res\ckartcr.cic 4 L 8-V-`� City of Southlake,Texas MEMORANDUM November 11, 1994 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Ordinance No. 627, Authorizing the Issuance of City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1994 At the November 1, 1994 Council meeting, the City Council approved the resolution which approved and authorized the publication of notice of intention to issue certificates of obligation. This notice is to be published twice 15 days prior to the sale date, which is set for December 6. Also on December 6 will be the second reading of the ordinance. Approval by the Attorney General is required, and delivery of funds is scheduled on or about January 10. This ordinance will officially adopt the issuance of the certificates of obligation. The City is proposing issuance of$6.595 million certificates of obligation. The uses of the funds is as follows: 1.) Equipment for Public Safety and Public Works - $415,000; 2.) Sewer Assessment Program - $1,300,000; 3.) Water Ground Storage Tank - $2,500,000; 4.) Land - $2,178,000; and 5.)Issuance costs including underwriter's discount. The equipment debt will be retired over a five year period and the remaining debt will be repaid over 20 years. Members of the City Council and staff will be making a presentation to Moody's Investor Services and Standard and Poor's on November 29 and 30. Please place this ordinance on the City Council agenda for their consideration. LAH ORDINANCE NO. AN ORDINANCE authorizing the issuance of "CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 1994"; specifying the terms and features of said certificates; providing for the payment of said certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a limited pledge of the net revenues from the operation of the City's Waterworks and Sewer System; and resolving other matters incident and relating to the issuance, payment, security, sale and delivery of said Certificates, including the approval and execution of a Paying Agent/Registrar Agreement and the approval and distribution of an Official Statement; and providing an effective date. WHEREAS, no af, the City Council's intention to issi certificates of obligation in the maximum principal amount of $6,595,000 for the purpose of paying contractual obligations to be incurred for (i) the construction of improvements and extensions to the City's combined Waterworks and Sewer System, (ii) the purchase of land for future city facilities, including, but not limited to, a new city hall and park facilities, (iii) the purchase of materials, equipment and machinery for the public safety and public works departments, including vehicles, camera equipment, radio system and street equipment and machinery, and (iv) professional services rendered in relation to such projects and the financing thereof, has been duly published in The Fort Worth Star Telegram, a newspaper hereby found and determined to be of general- circulation in the City of Southlake, Texas, on , 1994 and , 1994, the date the first publication of such notice being not less than fifteen (15) days prior to the tentative date stated therein for the second reading and final passage of the ordinance authorizing the issuance of such certificates; and WHEREAS, no petition protesting the issuance of the certificates of obligation and bearing valid petition signatures of at least 5% of the qualified electors of the City, has been presented to or filed with the Mayor, City Secretary or any other official of the City on or prior to the date of the passage of this ordinance; and L 0210377 Cr' WHEREAS, the Council hereby finds and determines that all of the certificates of obligation described in such notice should be issued and sold at this time; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1: Authorization, Designation, Principal Amount, Purpose. Certificates of obligation of the City shall be and are hereby authorized to be issued in the aggregate principal amount of $6,595,000, to be designated and bear the title "CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 1994" (hereinafter referred to as the "Certificates") , for the purpose of paying contractual obligations to be incurred for (i) the construction of improvements and extensions to the City's combined Waterworks and Sewer System, (ii) the purchase of land for future city facilities, including, but not limited to, a new city hall and park facilities, (iii) the purchase of materials, equipment and machinery for the public safety and public works departments, including vehicles, camera equipment, radio system and street equipment and machinery, and (iv) professional services rendered in relation to such projects and the financing thereof, pursuant to authority conferred by and in conformity with the Constitution and laws of the State of Texas, including V.T.C.A. , Local (NW Government Code, Subchapter C of Chapter 271, as amended. SECTION 2: Fully Registered Obligations - Authorized Denominations-Stated Maturities-Date. The Certificates are issuable in fully registered form only; shall be dated November 15, 1994 (the "Certificate Date") and shall be in denominations of $5, 000 or any integral multiple thereof (within a Stated Maturity) and the Certificates shall become due and payable on August 15 in each of the years and in principal amounts (the "Stated Maturities") and bear interest at the per annum rate(s) in accordance with the following schedule: Year of Principal Interest Stated Maturity Amount Rate(s) 1996 $ 65, 000 1997 275, 000 1998 295, 000 1999 305, 000 2000 325, 000 2001 235, 000 % 2002 250, 000 % 2003 260,000 % 2004 275,000 2005 285,000 (re 2006 300, 000 0210377 —2— F —3 , (bp, 2007 320,000 2008 345,000 2009 360,000 2010 385,000 2011 410,000 2012 435,000 2013 460,000 2014 490,000 0 2015 520,000 The Certificates shall bear interest on the unpaid principal amounts from the Certificate Date at the rate per annum shown above in this Section (calculated on the basis of a 360-day year of twelve 30-day months) , and such interest shall be payable on February 15 and August 15 of each year, commencing February 15, 1996. SECTION 3: Terms of Payment-Paying Agent/Registrar. The principal of, premium, if any, and the interest on the Certificates, due and payable by reason of maturity, redemption, or otherwise, shall be payable only to the registered owners or holders of the Certificates (hereinafter called the "Holders") appearing on the registration and transfer books maintained by the Paying Agent/Registrar and the payment thereof shall be in any coin or currency of the United States of America, which at the time of payment is legal tender for the payment of public and private debts, and shall be without exchange or collection charges to the Holders. The selection and appointment of Texas Commerce Bank National Association, Dallas, Texas to serve as Paying Agent/Registrar for the Certificates is hereby approved and confirmed. Books and records relating to the registration, payment, transfer and exchange of the Certificates (the "Security Register") shall at all times be kept and maintained on behalf of the City by the Paying Agent/Registrar, as provided herein and in accordance with the terms and provisions of a "Paying Agent/Registrar Agreement" , substantially in the form attached hereto as Exhibit A, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Mayor and City Secretary are authorized to execute and deliver such Agreement in connection with the delivery of the Certificates. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Certificates are paid and discharged, and any successor Paying Agent/Registrar shall be a bank, trust company, financial institution or other entity qualified and authorized to serve in such capacity and perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Certificates, the City agrees to promptly cause a written notice thereof to be sent to each Holder by United States Mail, (kw 0210377 -3- (liary first class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of and premium, if any, on the Certificates shall be payable at the Stated Maturities or the redemption thereof only upon presentation and surrender of the Certificates to the Paying Agent/Registrar at its designated offices in Dallas, Texas (the "Designated Payment/Transfer Office") . Interest on the Certificates shall be paid to the Holders whose name appears in the Security Register at the close of business on the Record Date (the last business day of the month next preceding each interest payment date) and shall be paid by the Paying Agent/Registrar (i) by check sent United States Mail, first class postage prepaid, to the address of the Holder recorded in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder. If the date for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the City where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original (kw date payment was due. In the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/ Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business next preceding the date of mailing of such notice. SECTION 4 : Redemption. (a) Optional Redemption. The Certificates having Stated Maturities on and after August 15, 2005,shall be subject to redemption prior to maturity, at the option of the City, in whole or in part in principal amounts of $5, 000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar) , on August 15, 2004 , or on any date thereafter at the redemption price of par plus accrued interest to the date of redemption. (b) Exercise of Redemption Option. At least forty-five (45) (lkire days prior to a redemption date for the Certificates (unless a 0210377 -4- shorter notification period shall be satisfactory to the Paying Agent/Registrar) , the City shall notify the Paying Agent/Registrar of the decision to redeem Certificates, the principal amount of each Stated Maturity to be redeemed, and the date of redemption therefor. The decision of the City to exercise the right to redeem Certificates shall be entered in the minutes of the governing body of the City. _ (c) Selection of Certificates for Redemption. If less than all Outstanding Certificates of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/ Registrar shall treat such Certificates as representing the number of Certificates Outstanding which is obtained by dividing the principal amount of such Certificates by $5,000 and shall select the Certificates to be redeemed within such Stated Maturity by lot. (d) Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Certificates, a notice of redemption shall be sent by United States Mail, first class postage prepaid, in the name of the City and at the City's expense, to each Holder of a Certificate to be redeemed in whole or in part at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of (be redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Certificates, (ii) identify the Certificates to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (-iv) state that the Certificates, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, provided moneys sufficient for the payment of such Certificate (or the principal amount thereof to be redeemed) at the then applicable redemption price are held for the purpose of such payment by the Paying Agent/Registrar and (v) specify that payment of the redemption price for the Certificates, or the principal amount thereof to be redeemed, shall be made at the Designated Payment/Transfer Office of the Paying Agent/Registrar only upon presentation and surrender of the Certificates. If a Certificate is subject by its terms to prior redemption and has been called for redemption and notice of redemption has been duly given as hereinabove provided, such Certificate (or the principal amount thereof to be redeemed) shall become due and payable and interest thereon shall cease to accrue from and after the redemption date therefor. L 0210377 -5- (re SECTION 5: Registration Transfer - Exchange of Certificates-Predecessor Certificates. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of each and every owner of the Certificates issued under and pursuant to the provisions of this Ordinance, or if appropriate, the nominee thereof. Any Certificate may be transferred or exchanged for Certificates of other authorized denominations by the Holder, in person or by his duly authorized agent, upon surrender of such Certificate to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender of any Certificate for transfer at the Designated Payment/Transfer Office of the Paying Agent/Registrar, the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Certificates of authorized denominations and having the same Stated Maturity and of a like aggregate principal amount as the Certificate or Certificates surrendered for transfer. At the option of the Holder, Certificates may be exchanged for other Certificates of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like (iimor aggregate principal amount as the Certificates surrendered for exchange, upon surrender of the Certificates to be exchanged at the Designated Payment/Transfer Office of the Paying Agent/ Registrar. Whenever any Certificates are surrendered for exchange, the Paying Agent/Registrar shall register and deliver new Certificates to the Holder requesting the exchange. All Certificates issued in any transfer or exchange of Certificates shall be delivered to the Holders at the Designated Payment/Transfer Office of the Paying Agent/Registrar or sent by United States Mail, first class, postage prepaid to the Holders, and, upon the registration and delivery thereof, the same shall be the valid obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Certificates surrendered in such transfer or exchange. All transfers or exchanges of Certificates pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Certificates cancelled by reason of an exchange or transfer (kr pursuant to the provisions hereof are hereby defined to be 0210377 -6- S5-1 Le ' "Predecessor Certificates, " evidencing all or a portion, as the case may be, of the same obligation to pay evidenced by the new Certificate or Certificates registered and delivered in the exchange or transfer therefor. Additionally, the term "Predecessor Certificates" shall include any mutilated, lost, destroyed, or stolen Certificate for which a replacement Certificate has been issued, registered and delivered in lieu thereof pursuant to the provisions of Section 21 hereof and such new replacement Certificate shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Certificate. Neither the City nor the Paying Agent/ Registrar shall be required to issue or transfer to an assignee of a Holder any Certificate called for redemption, in whole or in part, within 45 days of the date fixed for the redemption of such Certificate; provided, however, such limitation on transferability shall not be applicable to an exchange by the Holder of the unredeemed balance of a Certificate called for redemption in part. SECTION 6: Book-Entry Only Transfers and Transactions. Notwithstanding the provisions contained in Sections 3, 4 and 5 hereof relating to the payment, and transfer/exchange of the Certificates, the City hereby approves and authorizes the use of "Book-Entry Only" securities clearance, settlement and transfer (or system provided by The Depository Trust Company (DTC) , a limited purpose trust company organized under the laws of the State of New York, in accordance with the requirements and procedures identified in the Letter of Representation, by and between the City, the Paying Agent/Registrar and DTC (the "Depository Agreement") relating to the Certificates. Pursuant to the Depository Agreement and the rules of DTC, the Certificates shall be deposited with DTC who shall hold said Certificates for its participants (the "DTC Participants") . While the Certificates are held by DTC under the Depository Agreement, the Holder of the Certificates on the Security Register for all purposes, including payment and notices, shall be Cede & Co. , as nominee of DTC, notwithstanding the ownership of each actual purchaser or owner of each Certificate (the "Beneficial Owners") being recorded in the records of DTC and DTC Participants. In the event DTC determines to discontinue serving as securities depository for the Certificates or otherwise ceases to provide book-entry clearance and settlement of securities transactions in general or the City determines that DTC is incapable of properly discharging its duties as securities depository for the Certificates, the City covenants and agrees with the Holders of the Certificates to cause Certificates to be printed in definitive form and provide for the Certificate certificates to be issued and delivered to DTC Participants and (IMF' 0210377 -7- u (110,- Beneficial Owners, as the case may be. Thereafter, the Certificates in definitive form shall be assigned, transferred and exchanged on the Security Register maintained by the Paying Agent/Registrar and payment of such Certificates shall be made in accordance with the provisions of Sections 3 , 4 and 5 hereof. SECTION 7: Execution - Registration. The Certificates shall be executed on behalf of the City by the Mayor under its seal reproduced or impressed thereon and countersigned by the City Secretary. The signature of said officers on the Certificates may be manual or facsimile. Certificates bearing the manual or facsimile signatures of individuals who are or were the proper officers of the City on the Certificate Date shall be deemed to be duly executed on behalf of the City, notwithstanding that one or more of the individuals executing the same shall cease to be such officer at the time of delivery of the Certificates to the initial purchaser(s) and with respect to Certificates delivered in subsequent exchanges and transfers, all as authorized and provided in the Bond Procedures Act of 1981, as amended. No Certificate shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Certificate either a certificate of registration substantially in the form provided in Section 9C, manually executed by the Comptroller of Public Accounts of the (hare State of Texas, or his duly authorized agent, or a certificate of registration substantially in the form provided in Section 9D, manually executed by an authorized officer, employee or representative of the Paying Agent/Registrar, and either such certificate duly signed upon any Certificate shall be conclusive evidence, and the only evidence, that such Certificate has been duly certified, registered and delivered. SECTION 8: Initial Certificate(s) . The Certificates herein authorized shall be initially issued either (i) as a single fully registered certificate in the total principal amount of $6, 595, 000 with principal installments to become due and payable as provided in Section 2 hereof and numbered T-1, or (ii) as twenty (20) fully registered certificates, fully registered certificates, being one certificate for each year of maturity in the applicable principal amount and denomination and to be numbered consecutively from T-1 and upward (hereinafter called the "Initial Certificate(s) ") and, in either case, the Initial Certificate(s) shall be registered in the name of the initial purchaser(s) or the designee thereof. The Initial Certificate(s) shall be the Certificates submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the initial purchaser(s) . Any time after the delivery of the Initial Certificate(s) , the Paying Agent/Registrar, pursuant to written instructions from the initial Car 0210377 -8- -9 l ' (6.9.• purchaser(s) , or the designee thereof, shall cancel the Initial Certificate(s) delivered hereunder and exchange therefor definitive Certificates of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial purchaser(s) , or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 9: Forms. A. Forms Generally. The Certificates, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Certificates, shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including insurance legends in the event the Certificates, or any maturities thereof, are purchased with insurance and any reproduction of an opinion of counsel) thereon as may, consistently herewith, be established by the City or determined by the officers executing such Certificates as evidenced by their execution. Any portion of the text of any Certificates may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the certificate. The definitive Certificates and the Initial Certificate(s) shall be printed, lithographed, or engraved, typewritten, photocopied or otherwise reproduced in any other similar manner, all as determined by the officers executing such Certificates as evidenced by their execution. B. Form of Certificates. REGISTERED REGISTERED NO. $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATE OF OBLIGATION, SERIES 1994 L 0210377 -9 Certificate Date:November 15, 1994 Interest Rate: Stated Maturity: CUSIP NO: Registered Owner: Principal Amount: DOLLARS The City of Southlake (hereinafter referred to as the "City") , a body corporate and municipal corporation in the County of Tarrant, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, on the Stated Maturity date specified above the Principal Amount hereinabove stated (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid principal amount hereof from the Certificate Date at the per annum rate of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 in each year, commencing February 15, 1996. Principal of this Certificate is payable at its Stated Maturity or redemption to the registered owner hereof, upon presentation and surrender, at the Designated Payment/Transfer Office of the Paying Agent/Registrar executing the registration certificate appearing hereon, or its successor. Interest is payable to the registered owner of this Certificate (or one or more Predecessor Certificates, as defined in the Ordinance hereinafter referenced) whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date", which is the last business day of the month next preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. This Certificate is one of the series specified in its title issued in the aggregate principal amount of $6, 595, 000 (herein referred to as the "Certificates") for the purpose of paying contractual obligations to be incurred for (i) the construction of improvements and extensions to the City's combined Waterworks and Sewer System, (ii) the purchase of land for future city facilities, including, but not limited to, a new city hall and park facilities, (iii) the purchase of materials, equipment and L." 0210377 -10- machinery • (we for the public safety and public works departments, including vehicles, camera equipment, radio system and street equipment and machinery, and (iv) professional services rendered in relation to such projects and the financing thereof, under and in strict conformity with the Constitution and laws of the State of Texas, particularly V.T.C.A. , Local Government Code, Subchapter C of Chapter 271, as amended, and pursuant to an Ordinance adopted by the City Council of the City (herein referred to as the "Ordinance") . The Certificates maturing on and after August 15, 2005, may be redeemed prior to their Stated Maturities, at the option of the City, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar) , on August 15, 2004, or on any date thereafter, at the redemption price of par, together with accrued interest to the date of redemption and upon 30 days prior written notice being sent by United States Mail, first class postage prepaid, to the registered owners of the Certificates to be redeemed, and subject to the terms and provisions relating thereto contained in the Ordinance. If this Certificate (or any portion of the principal sum hereof) shall have been duly called for redemption and notice of such redemption duly given, then upon such redemption date this Certificate (or the portion of the principal sum hereof to be redeemed) shall become due and payable, and interest thereon shall cease to accrue from and after the redemption date therefor, provided moneys for the payment of the redemption price and the interest on the principal amount to be redeemed to the date of redemption are held for the purpose of such payment by the Paying Agent/Registrar. In the event of a partial redemption of the principal amount of this Certificate, payment of the redemption price of such principal amount shall be made to the registered owner only upon presentation and surrender of this Certificate to the Designated Payment/Transfer Office of the Paying Agent/Registrar, and there shall be issued to the registered owner hereof, without charge, a new Certificate or Certificates of like maturity and interest rate in any authorized denominations provided by the Ordinance for the then unredeemed balance of the principal sum hereof. If this Certificate is selected for redemption, in whole or in part, the City and the Paying Agent/Registrar shall not be required to transfer this Certificate to an assignee of the registered owner within 45 days of the redemption date therefor; provided, however, such limitation on transferability shall not be applicable to an exchange by the registered owner of the unredeemed balance hereof in the event of its redemption in part. The Certificates are payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City and from a limited pledge of the (hire 0210377 -11- Net Revenues (as defined in the Ordinance) of the City's combined Waterworks and Sewer System (the "System") , such pledge being limited to an amount not in excess of $1,000 and, together with a parity pledge securing the payment of the Previously Issued Certificates, being junior and subordinate to the lien on and pledge of such Net Revenues securing the payment of "Prior Lien Obligations" (identified and defined in the Ordinance) now outstanding and hereafter issued by the City. In the Ordinance, the City reserves and retains the right to issue Prior Lien Obligations without limitation as to principal amount but subject to any applicable terms, conditions or restrictions under law or otherwise. Reference is hereby made to the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the Paying Agent/Registrar, and to all the provisions of which the owner or holder of this Certificate by the acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Certificates; the nature and extent of the limited pledge of the Net Revenues securing the payment of the Certificates; the terms and conditions relating to the transfer or exchange of this Certificate; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the (re Paying Agent/Registrar; the terms and provisions upon which the tax levy and the pledge of the Net Revenues and covenants made in the Ordinance may be discharged at or prior to the maturity of this Certificate, and this Certificate deemed to be no longer Outstanding thereunder; and for the other terms and provisions contained therein. Capitalized terms used herein have the meanings assigned in the Ordinance. This Certificate, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register only upon its presentation and surrender at the Designated Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by, the registered owner hereof, or his duly authorized agent. When a transfer on the Security Register occurs, one or more new fully registered Certificates of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued by the Paying Agent/Registrar to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the registered owner whose name appears on the Security Register (i) on the Record Date as the owner entitled to payment of interest hereon, (ii) on the date of surrender of this 0210377 -12- (11b, Certificate as the owner entitled to payment of principal hereof at its Stated Maturity or its redemption, in whole or in part, and (iii) on any other date as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. In the event of nonpayment of interest on a scheduled payment date and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, recited, represented and declared that the City is a body corporate and political subdivision duly organized and legally existing under and by virtue of the Constitution and laws of the State of Texas; that the issuance of the Certificates is duly authorized by law; that all acts, conditions and things required to exist and be done precedent to and in the issuance of the Certificates to render the same lawful (Ime and valid obligations of the City have been properly done, have happened and have been performed in regular and due time, form and manner as required by the Constitution and laws of the State of Texas, and the Ordinance; that the Certificates do not exceed any Constitutional or statutory limitation; and that due provision has been made for the payment of the principal of and interest on the Certificates as aforestated. In case any provision in this Certificate shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms and- provisions of this Certificate and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. Lie 0210377 -13- (tspeIN WITNESS WHEREOF, the City Council of the City has caused this Certificate to be duly executed under the official seal of the City as of the Certificate Date. CITY OF SOUTHLAKE, TEXAS COUNTERSIGNED: Mayor City Secretary (SEAL) C. *Form of Registration Certificate of Comptroller of Public Accounts to appear on Initial Certificate(s) only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS (ire ( REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that this Certificate has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) *NOTE TO PRINTER: Do Not Print on Definitive Certificates L 0210377 -14- (lbarie D. Form of Certificate of Paving Agent/Registrar to appear on Definitive Certificates only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Certificate has been duly issued and registered under the provisions of the within-mentioned Ordinance; the certificate or certificates of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. The designated offices of the Paying Agent/Registrar located in Dallas, Texas, is the "Designated Payment/Transfer Office" for this Certificate. Registration Date: TEXAS COMMERCE BANK NATIONAL ASSOCIATION, Dallas, Texas, as Paying Agent/Registrar By Authorized Signature E. Form of Assignment. LP' ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee: ) (Social Security or other identifying number: ) the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Certificate on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assign- Signature guaranteed: ment must correspond with the name of the registered owner as it appears on the face of the within Certificate in every particular. L 0210377 -15- giC? --1 b F. The Initial Certificate(s) shall be in the form set forth in paragraph B of this Section, except that the form of a single fully registered Initial Certificate shall be modified as follows: (i) immediately under the name of the certificate the headings "Interest Rate " and "Stated Maturity " shall both be omitted; (ii) paragraph one shall read as follows: Registered Owner: Principal Amount: Dollars The City of Southlake (hereinafter referred to as the "City") , a body corporate and municipal corporation in the County of Tarrant, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount hereinabove stated on August 15 in each of the years and in principal installments in accordance with the following schedule: PRINCIPAL INTEREST (Or' YEAR INSTALLMENTS RATE (Information to be inserted from schedule in Section 2 hereof) . (or so much thereof as shall not have been prepaid prior to maturity) and to pay interest on the unpaid principal amounts hereof from the Certificate Date at the per annum rate(s) of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 of each year, commencing February 15, 1996. Principal installments of this Certificate are payable at its Stated Maturity or on a prepayment date to the registered owner hereof by Texas Commerce Bank National Association, Dallas, Texas (the "Paying Agent/Registrar") , upon presentation and surrender, at its designated offices in Dallas, Texas (the "Designated Payment/Transfer Office") . Interest is payable to the registered owner of this Certificate whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date" , which is the last business day of the month next preceding each interest payment date hereof and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/ Registrar, requested by, and at the risk and 0210377 -16- (we expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. SECTION 10: Definitions. For purposes of this Ordinance and for clarity with respect to the issuance of the Certificates herein authorized, and the levy of taxes and appropriation of Net Revenues therefor, the following words or terms, whenever the same appears herein without qualifying language, are defined to mean as follows: (a) The term "Certificates" shall mean the $6,595,000 "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1994" authorized by this Ordinance. (b) The term "Certificate Fund" shall mean the special Fund created and established under the provisions of Section 11 of this Ordinance. (c) The term "Collection Date" shall mean, when (hre reference is being made to the levy and collection of annual ad valorem taxes, the date the annual ad valorem taxes levied each year by the City become delinquent. (d) The term "Fiscal Year" shall mean the twelve month financial accounting period used by the City in connection with the operation of the System which may be any twelve consecutive month period established by the City. (e) The term "Government Securities" shall mean direct obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, and the United States Treasury obligations such as its State and Local Government Series in book-entry form. (f) The term "Gross Revenues" shall mean all income, receipts and revenues of every nature derived or received from the operation and ownership (excluding refundable meter deposits, restricted gifts and grants in aid of construction) of the System, including earnings and income derived from the investment or deposit of moneys in any special funds or accounts created and established for the payment and security of cre 0210377 -17- the Prior Lien Obligations and other obligations payable solely from and secured only by a lien on and pledge of the Net Revenues. (g) The term "Maintenance and Operating Expenses" shall mean all current expenses of operating and maintaining the System, including' all salaries, labor, materials, repairs and extensions necessary to render efficient service; provided, however, that only such repairs and extensions, as in the judgment of the City Council, reasonably and fairly exercised, are necessary to maintain the operations and render adequate service to the City and the inhabitants thereof, or such as might be necessary to meet some physical accident or condition which would otherwise impair obligations payable from Net Revenues shall be deducted in determining "Net Revenues". Depreciation charges shall not be considered Maintenance and Operating Expenses. Maintenance and Operating Expenses shall include payments under contracts for the purchase of water supply, treatment of sewage or other materials, goods, services, or facilities for the System to the extent authorized by law and the provisions of such contract. (h) The term "Net Revenues" shall mean the Gross (Ore Revenues of the System, with respect to any period, after deducting the System's Maintenance and Operating Expenses during such period. (i) The term "Outstanding" when used in this Ordinance with respect to Certificates means, as of the date of determination, all Certificates theretofore issued and delivered under this Ordinance, except: (1) those Certificates cancelled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Certificates for which payment has been duly provided by the City in accordance with the provisions of Section 22 hereof; and (3) those Certificates that have been mutilated, destroyed, lost, or stolen and replacement Certificates have been registered and delivered in lieu thereof as provided in Section 21 hereof. (j) The term "Previously Issued Certificates" cre shall mean the outstanding (1) "City of Southlake, 0210377 -18- • (hreTexas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1990", dated August 1, 1990, issued in the original principal amount of $1, 100,000 and (2) "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1992", dated May 1, 1992, issued in the original principal amount of $1, 100,000. (k) The term "Prior Lien Obligations" shall mean (i) the outstanding and unpaid (1) "City of Southlake, Texas, Waterworks and Sewer System Revenue Bonds, Series 1984", dated May 1, 1984, originally issued in the aggregate principal amount of $500,000 and (2) "City of Southlake, Texas, Waterworks and Sewer System Revenue Refunding Bonds, Series 1987", dated March 1, 1987, and originally issued in the aggregate principal amount of $217,000 and (ii) obligations hereafter issued which by the terms of the authorizing ordinance are made payable from and secured by a lien on and pledge of the Net Revenues of the System ranking prior and superior to the lien and pledge securing the payment of the Certificates. (1) The term "System" shall mean all properties, Lir " facilities and plants currently owned, operated and maintained by the City for the supply, treatment, transmission and distribution of treated potable water and the collection, treatment and disposal of water-carried wastes, together with all future extensions, improvements, replacements and additions thereto. SECTION 11: Certificate Fund. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption and retirement of the Certificates, there shall be and is hereby created a special account or fund on the books and records of the City known as the "SPECIAL SERIES 1994 TAX AND REVENUE CERTIFICATE OF OBLIGATION FUND" , and all moneys deposited to the credit of such Fund shall be shall be kept and maintained in a special banking account at the City's depository bank. Authorized officials of the City are hereby authorized and directed to make withdrawals from said Fund sufficient to pay the principal of and interest on the Certificates as the same become due and payable, and, shall cause to be transferred to the Paying Agent/Registrar from moneys on deposit in the Certificate Fund an amount sufficient to pay the amount of principal and/or interest falling due on the Certificates, such transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar on or before the last business day next preceding (re each interest and principal payment date for the Certificates. 0210377 -19- Y� • Pending the transfer of funds to the Paying Agent/Registrar, money in the Certificate Fund may, at the option of the City, be invested in obligations identified in, and in accordance with the provisions of the "Public Funds Investment Act of 1987" relating to the investment of "bond proceeds"; provided that all such investments shall be made in such a manner that the money required to be expended from said Fund will be available.at the proper time or times. All interest and income derived from deposits and investments in said Certificate Fund shall be credited to, and any losses debited to, the said Certificate Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Certificates. SECTION 12 : Tax Levy. To provide for the payment of the "Debt Service Requirements" on the Certificates being (i) the interest on said Certificates and (ii) a sinking fund for their redemption at maturity or a sinking fund of 2% (whichever amount shall be the greater) , there shall be and there is hereby levied for the current year and each succeeding year thereafter while said Certificates or any interest thereon shall remain Outstanding, a sufficient tax on each one hundred dollars' valuation of taxable property in said City, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt (hoe Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Certificate Fund. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay the said Debt Service Requirements, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness. Accrued interest and premium, if any, received from the purchasers of the Certificates shall be deposited to the Certificate Fund. In addition, any surplus proceeds from the sale of the Certificates not expended for authorized purposes shall be deposited in the Certificate Fund, and such amounts so deposited shall reduce the sums otherwise required to be deposited in said Fund from ad valorem taxes. SECTION 13 : Limited Pledge of Net Revenues. The City hereby covenants and agrees that, subject to the prior lien on and pledge of the Net Revenues of the System to the payment and security of Prior Lien Obligations, the Net Revenues of the System in an aggregate amount not to exceed $1, 000 are hereby irrevocably pledged to the payment of the principal of and interest on the Certificates, and the limited pledge of $1, 000 of the Net Revenues of the System herein made for the payment of the Certificates (60, 0210377 -2 0- • l 3 shall constitute a lien on the Net Revenues of the System in' accordance with the terms and provisions hereof and shall be on a parity in all respects with the lien on the Net Revenues securing the payment of the Previously Issued Certificates. Furthermore, such lien on and pledge of the Net Revenues securing the payment of the Certificates shall be valid and binding without further action by the City and without any filing or recording except for the filing of this Ordinance in the records of the City. SECTION 14: System Fund. The City covenants and agrees that all Gross Revenues (excluding earnings from the investment of money held in any special funds or accounts created for the payment and security of the Prior Lien Obligations) shall be deposited as collected into a fund maintained at an official depository of the City and known on the books of the City as the "City of Southlake Waterworks and Sanitary Sewer System Fund" (hereinafter called the "System Fund") . All moneys deposited to the credit of the System Fund shall be allocated, appropriated and budgeted to the extent required for the following purposes and in the order of priority shown, to wit: First: To the payment of all necessary and reasonable Maintenance and Operating Expenses of the System as defined herein or required by statute to be a first charge on and claim against the Gross Revenues, Live Second: To the payment of all amounts required to be deposited in the special Funds created and established for the payment, security and benefit of Prior Lien Obligations in accordance with the terms and provisions of the ordinances authorizing the issuance of Prior Lien Obligations. Third: To the payment, equally and ratably, of the limited amounts pledged to the payment of the Previously Issued Certificates and the Certificates. Any Net Revenues remaining in the System Fund after satisfying the foregoing payments, or making adequate and sufficient provision for the payment thereof, may be appropriated and used for any other City purpose now or hereafter permitted by law. SECTION 15: Security of Funds. All moneys on deposit in the Funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested) shall be secured in the manner and to the fullest extent required by the laws of Texas for the security of public funds, and moneys on deposit in such Funds shall be used only for the purposes permitted by this Ordinance. L 0210377 -2 1- y > (we SECTION 16: Maintenance and Operation - Insurance. The City covenants and agrees that while the Certificates remain Outstanding, it will maintain and operate the System with all possible efficiency, and maintain casualty and other insurance on the properties of the System and its operations of a kind and in such amounts customarily carried by municipal corporations in the State of Texas engaged in a similar type business; and it will faithfully and punctually perform all duties with reference to the System required by the Constitution and laws of the State of Texas. SECTION 17: Remedies in Event of Default. In addition to all the rights and remedies provided by the laws of the State of Texas, the City covenants and agrees particularly that in the event the City (a) defaults in the payments to be made to the Certificate Fund, or (b) defaults in the observance or performance of any other of the covenants, conditions or obligations set forth in this Ordinance, the owner or owners of any of the Certificates shall be entitled to a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the City and other officers of the City to observe and perform any covenant, condition or obligation prescribed in this Ordinance. No delay or omission to exercise any right or power accruing (lare upon any default shall impair any such right or power, or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specific remedies herein provided shall be cumulative of all other existing remedies and the specification of such remedies shall not be deemed to be exclusive. SECTION 18: Special Covenants. The City hereby further covenants as follows: (a) It has the lawful power to pledge the Net Revenues of the System to the payment of the Certificates in the manner herein contemplated and has lawfully exercised such power under the Constitution and laws of the State of Texas, including said power existing under Articles 1111 et seq. , V.A.T.C.S. and V.T.C.A. , Local Government Code, Sections 271. 041, et seq. (b) Other than for the payment of the Certificates, the Previously Issued Certificates and the Prior Lien Obligations, the Net Revenues of the System have not in any manner been pledged to the payment of any debt or obligation of the City or of the System. L 0210377 -22- & Ohm LP' (c) While any Certificates remain Outstanding, the City will not sell the System or any substantial part thereof; provided, however, this covenant shall not be construed to prohibit the sale of such machinery or other properties or equipment which has become obsolete or otherwise unsuited to the efficient operation of the System. (d) To the extent that it legally may, the City further covenants and agrees that, while any of the Certificates are Outstanding, no franchise shall be granted for the installation or operation of any competing waterworks and sewer systems other than those owned by the City, and the operation of any such systems by anyone other than the City is hereby prohibited. (e) No free service of the System shall be allowed, and should the City or any of its agents or instrumentalities make use of the services and facilities of the System, payment of the reasonable value thereof shall be made by the City out of funds from sources other than the revenues and income of the System. SECTION 19: Issuance of Prior Lien Obligations. The City (hir, hereby expressly reserves the right to hereafter issue Prior Lien Obligations, without limitation as to principal amount but subject to any terms, conditions or restrictions applicable thereto under law or otherwise, such Prior Lien Obligations hereafter issued may be payable, in whole or in part, from the Net Revenues (without impairment of the obligation of contract with the Holders of the Certificates) upon such terms and conditions as the City Council may determine. Additionally, the City reserves the right to issue additional obligations on a parity with the Previously Issued Certificates and the Certificates insofar as the pledge of the Net Revenues of the System is concerned. SECTION 20: Application of Prior Lien Obligations Covenants and Agreements. It is the intention of this governing body and accordingly hereby recognized and stipulated that the provisions, agreements and covenants contained herein bearing upon the management and operations of the System, and the administering and application of revenues derived from the operation thereof, shall to the extent possible be harmonized with like provisions, agreements and covenants contained in the ordinances authorizing the issuance of the Prior Lien Obligations, and to the extent of any irreconcilable conflict between the provisions contained herein and in the ordinances authorizing the issuance of the Prior Lien Obligations, the provisions, agreements and covenants contained therein shall prevail to the extent of such conflict and (hre be applicable to this Ordinance but in all respects subject to the 0210377 -23- (repriority of rights and benefits, if any, conferred thereby to the holders of the Prior Lien Obligations. Notwithstanding the above, any change or modification affecting the application of revenues derived from the operation of the System shall not impair the obligation of contract with respect to the limited pledge of revenues herein made for the payment and security of the Certificates. SECTION 21: Mutilated - Destroyed - Lost and Stolen Certificates. In case any Certificate shall be mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a replacement Certificate of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Certificate, or in lieu of and in substitution for such destroyed, lost or stolen Certificate, only upon the approval of the City and after (i) the filing by the Holder thereof with the Paying Agent/Registrar of evidence satisfactory to the Paying Agent/Registrar of the destruction, loss or theft of such Certificate, and of the authenticity of the ownership thereof and (ii) the furnishing to the Paying Agent/Registrar of indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Certificate shall be borne by the (liage Holder of the Certificate mutilated, or destroyed, lost or stolen. Every replacement Certificate issued pursuant to this Section shall be a valid and binding obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Certificates; notwithstanding the enforceability of payment by anyone of the destroyed, lost, or stolen Certificates. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Certificates. SECTION 22 : Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Certificates, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and the Net Revenues of the System (to the extent such limited pledge of Net Revenues shall not have been discharged or terminated by prior payment of principal of or interest on the Certificates) and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Cite 0210377 -2 4- • (meCertificates or any principal amount(s) thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Certificates or the principal amount(s) thereof at maturity or the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or -arr :authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any moneys deposited therewith, if any, to pay when due the principal of and interest on such Certificates, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/ Registrar have been made) the redemption date thereof. The City covenants that no deposit of moneys or Government Securities will be made under this Section and no use made of any such deposit which would cause the Certificates to be treated as "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, or regulations adopted pursuant thereto. (Ire Any moneys so deposited with the Paying Agent/ Registrar, or an authorized escrow agent, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Certificates, or any principal amount(s) thereof, or interest thereon with respect to which such moneys have been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Certificates and remaining unclaimed for a period of four (4) years after the Stated Maturity, or applicable redemption date, of the Certificates such moneys were deposited and are held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor. Notwithstanding the above and foregoing, any remittance of funds from the Paying Agent/Registrar to the City shall be subject to any applicable unclaimed property laws of the State of Texas. SECTION 23 : Ordinance a Contract -Amendments. This Ordinance shall constitute a contract with the Holders from time to time, be binding on the City, and shall not be amended or repealed by the City so long as any Certificate remains Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not 0210377 -25- (redetrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the consent of Holders holding a majority in aggregate principal amount of the Certificates then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Holders of Outstanding Certificates, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of, premium, if any, and interest on the Certificates, reduce the principal amount thereof, the redemption price, or the rate of interest thereon, or in any other way modify the terms of payment of the principal. of, premium, if any, or interest on the Certificates, (2) give any preference to any Certificate over any other Certificate, or (3) reduce the aggregate principal amount of Certificates required to be held by Holders for consent to any such amendment, addition, or rescission. SECTION 24: Covenants to Maintain Tax-Exempt Status. (a) Definitions. When used in this Section, the following terms have the following meanings: "Closing Date" means the date on which the Certificates are first authenticated and delivered to the initial purchasers against payment therefor. (re "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. "Computation Date" has the meaning set forth in Section 1. 148-1(b) of the Regulations. "Gross Proceeds" means any proceeds as defined in Section 1. 148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1. 148-1(c) of the Regulations, of the Certificates. "Investment" has the meaning set forth in Section 1. 148-1 (b) of the Regulations. "Nonpurpose Investment" means any investment property, as defined in section 148 (b) of the Code, in which Gross Proceeds of the Certificates are invested and which is not acquired to carry out the governmental purposes of the Certificates. "Rebate Amount" has the meaning set forth in Section 1. 148-1(b) of the Regulations. L 0210377 -2 6- "Regulations" means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Certificates. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. "Yield" of (1) any Investment has the meaning set forth in Section 1. 148-5 of the Regulations and (2) the Certificates has the meaning set forth in Section 1. 148- 4 of the Regulations. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Certificate to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally (ow recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Certificate, the City shall comply with each of the specific covenants in this Section. (c) No Private Use or Private Payments. Except as permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Certificates: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Certificates, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (Ilse 0210377 -2 7- (we (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Certificates or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. (d) No Private Loan. Except to the extent permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Certificates to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved (re with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Certificates directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so invested) , if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced thereby) , whether then held or previously disposed of, exceeds the Yield of the Certificates. (f) Not Federally Guaranteed. Except to the extent permitted by section 149 (b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Certificates to be federally guaranteed within the meaning of section 149 (b) of the Code and the Regulations and rulings thereunder. (g) Information Report. The City shall timely file the information required by section 149 (e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. (kW 0210377 -2 8- (h) Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148 (f) of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Certificate is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Certificates with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148 (f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Certificates until six years after the final Computation Date. (3) As additional consideration for the purchase of the Certificates by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States out of the Certificate Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Certificates equals (i) in the case of a Final Computation Date as defined in Section 1. 148-3 (e) (2) of the Regulations, one hundred percent (100%) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90%) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148 (f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038-T or such other forms and information as is or may be required by Section 148 (f) of the Code and the Regulations and rulings thereunder. L 0210377 -2 9- (lase (4) The City shall exercise reasonable diligence' to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3) , and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error) , including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1. 148-3 (h) of the Regulations. (i) Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Certificates, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection H of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Certificates not been relevant to either party. (j) Elections. The City hereby directs and authorizes the Mayor, City Secretary, City Manager and Finance Director, individually or jointly, to make elections permitted or required (Iire pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Certificates, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. SECTION 25: Oualified Tax Exempt Obligations. In accordance with the provisions of paragraph (3) of subsection (b) of Section 265 of the Code, the City hereby designates the Certificates to be "qualified tax exempt obligations" in that the Certificates are not "private activity bonds" as defined in the Code and the reasonably anticipated amount of "qualified tax exempt obligations" to be issued by the City (including all subordinate entities of the City) for the calendar year 1995 will not exceed $10, 000, 000. SECTION 26: Sale of Certificates. Pursuant to a public sale for the Certificates, the bid submitted by (herein referred to as the "Purchasers") is declared to be the best bid received producing the lowest net effective interest cost to the City, and the sale of the Certificates to said Purchasers at the price of par and accrued interest to the date of delivery, plus a premium of $ is hereby approved and confirmed. Delivery of the Certificates to the Purchasers shall occur as soon as possible upon payment being made therefor in accordance with the terms of sale. Car 0210377 -3 0- SECTION 27: Proceeds of Sale. The proceeds of sale of the Certificates, excluding the accrued interest and premium, if any, received from the Purchasers, shall be deposited in a construction fund maintained at the City's depository bank. Pending expenditure for authorized projects and purposes, such proceeds of sale may be invested in authorized investments and any investment earnings realized may be expended for such authorized projects and purposes or deposited in the Certificate Fund as shall be determined by the City Council. Accrued interest and premium, if any, as well as all surplus proceeds of sale of the Certificates, including investment earnings, remaining after completion of all authorized projects or purposes shall be deposited to the credit of the Certificate Fund. SECTION 28: Official Statement. The Official Statement, together with all amendments and supplements thereto issued on behalf of the City, prepared in the initial offering and sale of the Certificates by the City is hereby approved as to form and content, and the City Council hereby finds that the information and data contained in said Official Statement pertaining to the City and its financial affairs is true and correct in all material respects and no material facts have been omitted therefrom which are necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. The use of such Official Statement in the reoffering of the Certificates Coe by the Purchasers is hereby approved and authorized. SECTION 29: Control and Custody of Certificates. The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending the sale of the Certificates, the investigation by the Attorney General of the State of Texas, including the printing and supply of definitive Certificates, and shall take and have charge and control of the Initial Certificate(s) pending the approval thereof by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery thereof to the Purchasers. Furthermore, the Mayor, City Secretary, Finance Director and City Manager, any one or more of said officials, are hereby authorized and directed to furnish and execute such documents and certifications relating to the City and the issuance of the Certificates, including a certification as to facts, estimates, circumstances and reasonable expectations pertaining to the use and expenditure and investment of the proceeds of the Certificates as may be necessary for the approval of the Attorney General and their registration by the Comptroller of Public Accounts. In addition, such officials, together with the City's financial advisor, bond counsel and the Paying Agent/Registrar, are authorized and directed to make the necessary arrangements for the Lire 0210377 -3 1- 3 ' (11be delivery of the Initial Certificate(s) to the Purchasers and the initial exchange thereof for definitive Certificates. SECTION 30: Notices to Holders-Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States Mail, first class postage prepaid, to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Certificates. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 31: Cancellation. All Certificates surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly cancelled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already cancelled, shall be promptly cancelled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Certificates previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Certificates so delivered shall be promptly cancelled by the Paying Agent/Registrar. All cancelled Certificates held by the Paying Agent/Registrar shall be returned to the City. SECTION 32 : Bond Counsel's Opinion. The Purchasers' obligation to accept delivery of the Certificates is subject to being furnished a final opinion of Fulbright & Jaworski L.L.P. , Dallas, Texas, approving the Certificates as to their validity, said opinion to be dated and delivered as of the date of delivery and payment for the Certificates. An executed counterpart of said opinion shall accompany the global certificates deposited with The Depository Trust Company or a reproduction thereof shall be printed on the definitive Certificates in the event the book entry only system shall be discontinued. SECTION 33 : CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Certificates. It is expressly 0210377 -3 2- (re provided, however, that the presence or absence of CUSIP numbers on the definitive Certificates shall be of no significance or effect as regards the legality thereof and neither the City nor attorneys approving the Certificates as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Certificates. SECTION 34: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, the Paying Agent/Registrar and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, the Paying Agent/Registrar and the Holders. SECTION 35: Inconsistent Provisions. All ordinances, orders or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 36: Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of (ire Texas and the United States of America. SECTION 37: Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 38: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 39 : Severability. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application thereof to other circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 40: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by V.T.C.A. , Government Code, Chapter 551, as amended. (hre 0210377 -3 3- y 3 SECTION 41: Effective Date. This Ordinance shall take effect and be in full force immediately from and after its date of adoption shown below. PASSED ON FIRST READING, November 15, 1994 . - PASSED ON SECOND READING AND ADOPTED, this December 6, 1994. CITY OF SOUTHLAKE, TEXAS Mayor ATTEST: City Secretary (City Seal) APPROVED AS TO LEGALITY: (re City Attorney L 0210377 -3 4- G31 EXHIBIT A PAYING AGENT/REGISTRAR AGREEMENT THIS AGREEMENT entered into as of December 6, 1994 (this "Agreement") , by and between the City of Southlake, Texas (the "Issuer") , and Texas Commerce Bank National Association, a banking association duly organized and existing under the laws of the United States of America, (the "Bank") . RECITALS WHEREAS, the Issuer has duly authorized and provided for the execution and delivery of its "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1994" (the "Securities") , dated November 15, 1994, and such Securities are to be delivered to the initial purchasers on or about January 10, 1995; and WHEREAS, the Issuer has selected the Bank to serve as Paying Agent/Registrar in connection with the payment of the principal of, premium, if any, and interest on said Securities and with respect to the registration, transfer and exchange thereof by the registered owners thereof; and (re WHEREAS, the Bank has agreed to serve in such capacities for and on behalf of the Issuer and has full power and authority to perform and serve as Paying Agent/Registrar for the Securities; NOW, THEREFORE, it is mutually agreed as follows: ARTICLE ONE APPOINTMENT OF BANK AS PAYING AGENT AND REGISTRAR Section 1. 01. Appointment. The Issuer hereby appoints the Bank to serve as Paying Agent with respect to the Securities, and, as Paying Agent for the Securities, the Bank shall be responsible for paying on behalf of the Issuer the principal, premium (if any) , and interest on the Securities as the same become due and payable to the registered owners thereof; all in accordance with this Agreement and the "Bond Resolution" (hereinafter defined) . The Issuer hereby appoints the Bank as Registrar with respect to the Securities and, as Registrar for the Securities, the Bank shall keep and maintain for and on behalf of the Issuer books and records as to the ownership of said Securities and with respect to the transfer and exchange thereof as provided herein and in the "Bond Resolution" . L 0210448 The Bank hereby accepts its appointment, and agrees to serve as the Paying Agent and Registrar for the Securities. Section 1.02 . Compensation. As compensation for the Bank's services as Paying Agent/Registrar, the Issuer hereby agrees to pay the Bank the fees and amounts set forth in Annex A attached hereto for the first year of this Agreement and thereafter the fees and amounts set forth in the Bank's current fee schedule then in effect for services as Paying Agent/Registrar for municipalities, which shall be supplied to the Issuer on or before 90 days prior to the close of the Fiscal Year of the Issuer, and shall be effective upon the first day of the following Fiscal Year. In addition, the Issuer agrees to reimburse the Bank upon its request for all reasonable expenses, disbursements and advances incurred or made by the Bank in accordance with any of the provisions hereof (including the reasonable compensation and the expenses and disbursements of its agents and counsel) . ARTICLE TWO DEFINITIONS Section 2 . 01. Definitions. For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires: "Acceleration Date" on any Security means the date on and after which the principal or any or all installments of interest, or both, are due and payable on any Security which has become accelerated pursuant to the terms of the Security. "Bank Office" means the principal offices of the Bank located at the address appearing on page 12 hereof. The Bank will notify the Issuer in writing of any change in location of the Bank Office. "Bond Resolution" means the resolution, order, or ordinance of the governing body of the Issuer pursuant to which the Securities are issued, certified by the Secretary or any other officer of the Issuer and delivered to the Bank. "Fiscal Year" means the fiscal year of the Issuer, ending March 31st. "Holder" and "Security Holder" each means the Person in whose name a Security is registered in the Security Register. "Issuer Request" and "Issuer Order" means a written request or order signed in the name of the Issuer by the Care 0210448 EXHIBIT A CleMayor or City Secretary, any one or more of said officials, and delivered to the Bank. "Legal Holiday" means a day on which the Bank is required or authorized to be closed. "Person" means any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization or government or any agency or political subdivision of a government. "Predecessor Securities" of any particular Security means every previous Security evidencing all or a portion of the same obligation as that evidenced by such particular Security (and, for the purposes of this definition, any mutilated, lost, destroyed, or stolen Security for which a replacement Security has been registered and delivered in lieu thereof pursuant to Section 4.06 hereof and the Resolution) . "Redemption Date" when used with respect to any Security to be redeemed means the date fixed for such redemption pursuant to the terms of the Bond Resolution. "Responsible Officer" when used with respect to the Bank (we means the Chairman or Vice-Chairman of the Board of Directors, the Chairman or Vice-Chairman of the Executive Committee of the Board of Directors, the President, any Vice President, the Secretary, any Assistant Secretary, the Treasurer, any Assistant Treasurer, the Cashier, any Assistant Cashier, any Trust Officer or Assistant Trust Officer, or any other officer of the Bank customarily performing functions similar to those performed by any of the above designated officers and also means, with respect to a particular corporate trust matter, any other officer to whom such matter is referred because of his knowledge of and familiarity with the particular subject. "Security Register" means a register maintained by the Bank on behalf of the Issuer providing for the registration and transfers of Securities. "Stated Maturity" means the date specified in the Bond Resolution the principal of a Security is scheduled to be due and payable. Section 2 . 02 . Other Definitions. The terms "Bank, " "Issuer, " and "Securities (Security) " have the meanings assigned to them in the recital paragraphs of this Agreement. (Itre 0210448 -3 19-0 Gam VVVVA The term "Paying Agent/Registrar" refers to the Bank in the performance of the duties and functions of this Agreement. ARTICLE THREE PAYING AGENT Section 3 . 01. Duties of Paying Agent. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the principal of each Security at its Stated Maturity, Redemption Date, or Acceleration Date, to the Holder upon surrender of the Security to the Bank Office. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the interest on each Security when due, by computing the amount of interest to be paid each Holder and making payment thereof to the Holders of the Securities (or their Predecessor Securities) on the Record Date. All payments of principal and/or interest on the Securities to the registered owners shall be accomplished (1) by the issuance of checks, payable to the registered owners, drawn on the fiduciary account provided in Section 5.05 hereof, sent by United States mail, first class, postage prepaid, to the address appearing on the Security Register or (2) by such other method, acceptable to the Bank, requested in writing by the Holder at the Holder's risk and expense. Section 3 .02. Payment Dates. The Issuer hereby instructs the Bank to pay the principal of and interest on the Securities at the dates specified in the Bond Resolution. ARTICLE FOUR REGISTRAR Section 4. 01. Security Register - Transfers and Exchanges. The Bank agrees to keep and maintain for and on behalf of the Issuer at the Bank Office books and records (herein sometimes referred to as the "Security Register") for recording the names and addresses of the Holders of the Securities, the transfer, exchange and replacement of the Securities and the payment of the principal of and interest on the Securities to the Holders and containing such other information as may be reasonably required by the Issuer and subject to such reasonable regulations as the Issuer and Bank may prescribe. All transfers, exchanges and replacement of Securities shall be noted in the Security Register. Every Security surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, the signature on which has been guaranteed by an officer Lie of a federal or state bank or a member of the National Association 0210448 -4- isrj EXHIBIT A Cri of Securities Dealers, in form satisfactory to the Bank, duly executed by the Holder thereof or his agent duly authorized in writing. The Bank may request any supporting documentation it feels necessary to effect a re-registration, transfer or exchange of the Securities. To the extent possible and under reasonable circumstances, the Bank agrees that, in relation to an exchange or transfer of Securities, the exchange or transfer by the Holders thereof will be completed and new Securities delivered to the Holder or the assignee of the Holder in not more than three (3) business days after the receipt of the Securities to be cancelled in an exchange or transfer and the written instrument of transfer or request for exchange duly executed by the Holder, or his duly authorized agent, in form and manner satisfactory to the Paying Agent/Registrar. Section 4.02. Certificates. The Issuer shall provide an adequate inventory of printed Securities to facilitate transfers or exchanges thereof. The Bank covenants that the inventory of printed Securities will be kept in safekeeping pending their use and reasonable care will be exercised by the Bank in maintaining such Securities in safekeeping, which shall be not less than the (ilare care maintained by the Bank for debt securities of other governments or corporations for which it serves as registrar, or that is maintained for its own securities. Section 4.03 . Form of Security Register. The Bank, as Registrar, will maintain the Security Register relating to the registration, payment, transfer and exchange of the Securities in accordance with the Bank's general practices and procedures in effect from time to time. The Bank shall not be obligated to maintain such Security Register in any form other than those which the Bank has currently available and currently utilizes at the time. The Security Register may be maintained in written form or in any other form capable of being converted into written form within a reasonable time. Section 4 . 04. List of Security Holders. The Bank will provide the Issuer at any time requested by the Issuer, upon payment of the required fee, a copy of the information contained in the Security Register. The Issuer may also inspect the information contained in the Security Register at any time the Bank is customarily open for business, provided that reasonable time is allowed the Bank to provide an up-to-date listing or to convert the information into written form. Car 0210448 -5- Y-1/49-- EXHIBIT A The Bank will not release or disclose the contents of the Security Register to any person other than to, or at the written request of, an authorized officer or employee of the Issuer, except upon receipt of a court order or as otherwise required by law. Upon receipt of a court order and prior to the release or disclosure of the contents of the Security Register, the Bank will notify the Issuer so that the Issuer may contest the court order or such release or disclosure of the contents of the Security Register. Section 4.05. Return of Cancelled Certificates. The Bank will, at such reasonable intervals as it determines, surrender to the Issuer, Securities in lieu of which or in exchange for which other Securities have been issued, or which have been paid. Section 4. 06. Mutilated, Destroyed, Lost or Stolen Securi- ties. The Issuer hereby instructs the Bank, subject to the provisions of Section 21 of the Bond Resolution, to deliver and issue Securities in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities as long as the same does not result in an overissuance. In case any Security shall be mutilated, or destroyed, lost or stolen, the Bank may execute and deliver a replacement Security of like form and tenor, and in the same denomination and bearing (111w a number not contemporaneously outstanding, in exchange and substitution for such mutilated Security, or in lieu of and in substitution for such destroyed, lost or stolen Security, only upon the approval of the Issuer and after (i) the filing by the Holder thereof with the Bank of evidence satisfactory to the Bank of the destruction, loss or theft of such Security, and of the authenticity of the ownership thereof and (ii) the furnishing to the Bank of indemnification in an amount satisfactory to hold the Issuer and the Bank harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Security shall be borne by the Holder of the Security mutilated, or destroyed, lost or stolen. Section 4 . 07 . Transaction Information to Issuer. The Bank will, within a reasonable time after receipt of written request from the Issuer, furnish the Issuer information as to the Securities it has paid pursuant to Section 3 . 01, Securities it has delivered upon the transfer or exchange of any Securities pursuant to Section 4 . 01, and Securities it has delivered in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities pursuant to Section 4 . 06. Care j 0210448 -6- EXHIBIT A (iorr ARTICLE FIVE THE BANK Section 5. 01. Duties of Bank. The Bank undertakes to perform the duties set forth herein and agrees to use reasonable care in the performance thereof. Section 5.02. Reliance on Documents, Etc. (a) The Bank may conclusively rely, as to the truth of the statements and correctness of the opinions expressed therein, on certificates or opinions furnished to the Bank. (b) The Bank shall not be liable for any error of judgment made in good faith by a Responsible Officer, unless it shall be proved that the Bank was negligent in ascertaining the pertinent facts. (c) No provisions of this Agreement shall require the Bank to expend or risk its own funds or otherwise incur any financial liability for performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity satisfactory to it against such risks or liability is not assured to it. (tre (d) The Bank may rely and shall be protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. Without limiting the generality of the foregoing statement, the Bank need not examine the ownership of any Securities, but is protected in acting upon receipt of Securities containing an endorsement or instruction of transfer or power of transfer which appears on its face to be signed by the Holder or an agent of the Holder. The Bank shall not be bound to make any investigation into the facts or matters stated in a resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document supplied by Issuer. (e) The Bank may consult with counsel, and the written advice of such counsel or any opinion of counsel shall be full and complete authorization and protection with respect to any action taken, suffered, or omitted by it hereunder in good faith and in reliance thereon. (f) The Bank may exercise any of the powers hereunder and perform any duties hereunder either directly or by or through agents or attorneys of the Bank. (11111110e 0210448 —7— Y q 4; EXHIBIT A Section 5. 03. Recitals of Issuer. The recitals contained herein with respect to the Issuer and in the Securities shall be taken as the statements of the Issuer, and the Bank assumes no responsibility for their correctness. The Bank shall in no event be liable to the Issuer, any Holder or Holders of any Security, or any other Person for any amount due on any Security from its own funds. Section 5.04. May Hold Securities. The Bank, in its individual or any other capacity, may become the owner or pledgee of Securities and may otherwise deal with the Issuer with the same rights it would have if it were not the Paying Agent/Registrar, or any other agent. Section 5.05. Moneys Held by Bank - Fiduciary Account/ Collateralization. A fiduciary account shall at all times be kept and maintained by the Bank for the receipt, safekeeping and disbursement of moneys received from the Issuer hereunder for the payment of the Securities, and money deposited to the credit of such account until paid to the Holders of the Securities shall be continuously collateralized by securities or obligations which qualify and are eligible under both the laws of the State of Texas and the laws of the United States of America to secure and be pledged as collateral for fiduciary accounts to the extent such money is not insured by the Federal Deposit Insurance Corporation. Payments made from such fiduciary account shall be made by check drawn on such fiduciary account unless the owner of such Securities shall, at its own expense and risk, request such other medium of payment. The Bank shall be under no liability for interest on any money received by it hereunder. Subject to the applicable unclaimed property laws of the State of Texas, any money deposited with the Bank for the payment of the principal, premium (if any) , or interest on any Security and remaining unclaimed for four years after final maturity of the Security has become due and payable will be paid by the Bank to the Issuer, and the Holder of such Security shall thereafter look only to the Issuer for payment thereof, and all liability of the Bank with respect to such moneys shall thereupon cease. Section 5. 06. Indemnification. To the extent permitted by law, the Issuer agrees to indemnify the Bank for, and hold it harmless against, any loss, liability, or expense incurred without negligence or bad faith on its part, arising out of or in connection with its acceptance or administration of its duties hereunder, including the cost and expense against any claim or liability in connection with the exercise or performance of any of its powers or duties under this Agreement. 0210448 -8 tri - EXHIBIT A Cre ' Section 5.07 . Interpleader. The Issuer and the Bank agree that the Bank may seek adjudication of any adverse claim, demand, or controversy over its person as well as funds on deposit, in either a Federal or State District Court located in the State and County where either the Bank Office or the administrative offices of the Issuer is located, and agree that service of process by certified or registered mail, return receipt requested, to the address referred to in Section 6.03 of this Agreement shall constitute adequate service. The Issuer and the Bank further agree that the Bank has the right to file a Bill of Interpleader in any court of competent jurisdiction to determine the rights of any Person claiming any interest herein. Section 5. 08. DT Services. It is hereby represented and warranted that, in the event the Securities are otherwise qualified and accepted for "Depository Trust Company" services or equivalent depository trust services by other organizations, the Bank has the capability and, to the extent within its control, will comply with the "Operational Arrangements" , effective August 1, 1987, which establishes requirements for securities to be eligible for such type depository trust services, including, but not limited to, requirements for the timeliness of payments and funds availability, transfer turnaround time, and notification of redemptions and calls. (111we ARTICLE SIX MISCELLANEOUS PROVISIONS Section 6. 01. Amendment. This Agreement may be amended only by an agreement in writing signed by both of the parties hereto. Section 6. 02 . Assignment. This Agreement may not be assigned by either party without the prior written consent of the other. Section 6. 03 . Notices. Any request, demand, authorization, direction, notice, consent, waiver, or other document provided or permitted hereby to be given or furnished to the Issuer or the Bank shall be mailed or delivered to the Issuer or the Bank, respectively, at the addresses shown on page 12 . Section 6. 04 . Effect of Headings. The Article and Section headings herein are for convenience only and shall not affect the construction hereof. Section 6. 05. Successors and Assigns. All covenants and agreements herein by the Issuer shall bind its successors and assigns, whether so expressed or not. Section 6 . 06. Severability. In case any provision herein shall be invalid, illegal, or unenforceable, the validity, Lioe 0210448 -9- 7 - � EXHIBIT A 'Le legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Section 6.07 . Benefits of Agreement. Nothing herein, express or implied, shall give to any Person, other than the parties hereto and their successors hereunder, any benefit or any legal or equitable right, remedy, or claim hereunder. Section 6. 08. Entire Agreement. This Agreement and the Bond Resolution constitute the entire agreement between the parties hereto relative to the Bank acting as Paying Agent/Registrar and if any conflict exists between this Agreement and the Bond Resolution, the Bond Resolution shall govern. Section 6.09. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same Agreement. Section 6.10. Termination. This Agreement will terminate (i) on the date of final payment of the principal of and interest on the Securities to the Holders thereof or (ii) may be earlier terminated by either party upon sixty (60) days written notice; provided, however, an early termination of this Agreement by either party shall not be effective until (a) a successor Paying (kW Agent/Registrar has been appointed by the Issuer and such appointment accepted and (b) notice given to the Holders of the Securities of the appointment of a successor Paying Agent/Registrar. Furthermore, the Bank and Issuer mutually agree that the effective date of an early termination of this Agreement shall not occur at any time which would disrupt, delay or otherwise adversely affect the payment of the Securities. Upon an early termination of this Agreement, the Bank agrees to promptly transfer and deliver the Security Register (or a copy thereof) , together with other pertinent books and records relating to the Securities, to the successor Paying Agent/Registrar designated and appointed by the Issuer. The provisions of Section 1. 02 and of Article Five shall survive and remain in full force and effect following the termination of this Agreement. Section 6. 11. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Texas. Car Yj*--0210448 -10- ,,7 r EXHIBIT A , (we IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. TEXAS COMMERCE BANK NATIONAL ASSOCIATION BY Title: [SEAL] Attest: Mailing Address: Title: Corporate Trust Department P. 0. Box 660197 Dallas, Texas 75266-0197 Delivery Address: Corporate Trust Department 2200 Ross Avenue, 5th Floor Dallas, Texas 75201 CITY OF SOUTHLAKE, TEXAS L BY Mayor (CITY SEAL) Address: 667 N. Carroll Avenue Attest: Southlake, Texas 76092 City Secretary (160" 0210448 -11- icl—fg EXHIBIT- A City of Southlake,Texas MEMORANDUM December 2, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy,Zoning Administrator SUBJECT: ZA 94-141 Rezoning Request/Ordinance No. 480-159 REQUESTED ACTION: Rezone 6.192 acres situated in the J.W. Chivers Survey, Abstract No. 350,Tract 1C1D LOCATION: Northeast corner of E. Dove St. and Ridgecrest Dr. OWNER: Guaranty Federal Bank,F.S.B. APPLICANT: Tom Miller CURRENT ZONING: "AG" Agricultural (,, REQUESTED ZONING: "SF-1A" Single-Family Residential District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Eleven (11) RESPONSES: Two written responses received within the 200' notification area: * Gaylon Bailey, 465 E. Dove Road, undecided: (no written comments) * Robert Lee McPherson, 160 E. Dove Road, in favor. P&Z ACTION: November 17, 1994; Approved (7-0) ZA 94-141 Rezoning Request STAFF COMMENTS: The property does fall within the 65 Ldn Airport Overlay Zone and the owner will be required to sign the Avigation Easement agreed upon by the City of Southlake and D/FW Airport. This document will be filed by separate instrument in Tarrant County Deed Records. KPG/bls L G:\WPF\MEMO\CASES\94-141-Z.WPD g N ' �_. r ry I \ • e'• a ( ' • 1N��.1 •— ,_, f 1 : 1 r'- BINGE...V/ 1 -GRq±1J' -\ ' ' ,I ePBU 4 01 H. Tivi OOP RE T I X M f l i AO 4 1 Iv \ I.al 1 \ 1 '— t. l I--\\• is Wi \ . I M. �aAaI.. =v , 171 I • _ U. ..S. .L1L1 ' l I 1— i J. WIZWELL I r ` —— —— — —— —J , M.at a-U " _ 1 c I ; -- — J.D. JONNES -------- ------ ; I _ - REIS4. PRICE - —— —— El F -= N W. BRILLS H1•t t "r1"]N,l+ —. — _I --I . J. 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CI1INIERS 1 ^ i . �'t. 0� a MKY N II PIA K • .,L i K. 11 ( 5LK• . f4 3C ,... •J� Ili , • P 1(lry ._]aoa �--- •l a1 I rK s ' .k K 1E I -H' v -- I - -- --- � e 1A "•k iff IR WI ik In A'' ---f---, --- 111 1� I` ,_A�_ E5 i a I E g1 un k r ..1 • SL k a Gi T SLS EM i 'IT, K.l f ' f_a i _.e. ... ISX K MIDI ➢ SCHOOL , 1 f I � � Y� ®�k: rt — . `'—' 1-= rk a �i Si1Y w . . � �i i� Rp .DES al a ,ADa.::. I Uk " ,•.�r aNk ank 7 SXk = f 1y� Skrk ,: �r,1A : ( k IX 41 Lux ; yi A I I' I III l� 1. p X'% • lNf k if la k J W CI if. Y x �Y:13&IEDTT J. @}Y/fES4 I1 _C I a"'12 :4 XS 1 E f' K 1'k 00 la..lr -n ul X.IK+ - » IA SHig I Q I SN NSN 1 p� I' I x3 Kx'I 1CR f- N: . 0 al k n k SIC N.1 Al I H 4 i v l+-'U 1 41l • V a • •k • Mk Iak 0,- r-I i AR3SA8.O N. Cbl!lERS I .k (�r 1"ap K• ._Jw all Ilk ��'YI__—__ al.. ------"I:K Om MAKER ' , TRACT MAP l'. X GRV PER, - we 11)`'EY L '1 f 3 a xr l l'sur.Atrt S'}4.A r .. ` r (?ra x Rp/I , ' W} 1` I 1.1 1 .14 r IT i.. P U ' 1 1; ni `- x r. �1 1 r.fL1' cr S. Fertitta J. Stauffer 10 Ac C 1C1E1B "AG 1 G2 0 ,L\ J (lime "AG" T. Keen i H. McPherson! - i „AG„I 1 I / I ' MI irl 1 WV1 n FL 1C1A E ./ Y A -350 ik,, 1F o 1---- \ ' J. Shelton( R. McPherson 1 (n W 13. 4 Ac U "AG„' W 0 , 0 "SF-1„ 8Ac — L 1H \ ..1 1A 1 A. Kelly "AG" F "SF-1„I \N,. i 1 1 1 1 A1 O. Strait 2.0Ac . , .. ,., Q T. Callicott G. Bailey P. Stone 1B1 1A3 ro 1B3C 1co m B2 m lB "AG" �-- 6. 2 Ac - - . 1 B3B "SF-1„ ADJACENTZONING OWNERS A D (� �hN-3 Spin #3 Representative Joseph Mast ��? J . ill l I \l , I I r)'+/H 1 1 1 1 A n J 1` Z' 1. ` j IT :E` S" `" `E:l. Y: ~�Q a o 77r. 4 Y E f- r.`�, `5�%.�:5 i S:.F`�: F2 t�! •.. o W . •s ii l F. S N w < C' ' :SSF:F p tA «FSEp ry Zi 111111 �At \ . (riore 1 o o i p • o 1•••Z it RO .• MOM l •1. • noa >o I J o o .00r wiz.MON C ovate 1S3H3 saw % qq •Ot•]w•.n 331 11139061 H A " t (1111111.W St.N- y Li , CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-159 AN ORDINANCE AMENDING ORDINANCE NO. •80, AS AMENDED,THE COMPREHENSIVE ZONING ORDIN• .E OF THE CITY OF SOUTHLAKE, TEXAS;..G' •. h A ZON 2 G CHANGE 0 A CERTAIN TRACT OR T'.• CTS OF L• N WITHIN THE ► Y OF SOUTHLAKE 'XAS BE1N ,r : 4 MORE FULLY AND COMPLETELYDESC. .ED INmr' ' IBIT "A" FROM " ,.. a7' �'.. k -a- . kct$. .'� TO"S e q.,,,. . SUBJECT TO e SPECIFIC REQUIREMENTS 544 , CONTAINED IN THIS O Ru INANCE; CORRECTING THE OFFICIAL ZONING M•,'; PRESERVING ALL OTHER PORTIONS OF THE Z S I G ORDINANCE; DETERMINING , THAT THE PUBLIC P. TEREST, MORALS AND GENERAL WELFARE DEM• D THE ZONING CHANGES AND AMENDMENTS I'REIN MADE; PROVIDING THAT THIS ORDINANCE S a • L BE CUMULATIVE OF ALL ORDINANCES; 'ROVIDING A SEVERABILITY CLAUSE; (Ibise PROVIDING F q R A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATI'aN IN THE OFFICIAL NEWSPAPER; AND PROVIDIN' AN EFFECTIVE DATE. W' REAS, th; City of Southlake, Texas is a home rule City acti under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Co itution and Chapter 9 of the Texas Lo : Government Code; and, WHEREAS, pursuant to Chapter 211 of the Government Code, the City has the authority to adopt a comprehensive zoning or • nce 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 'AG"rAgricultural 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 G:\ORD\ZONING\480.159 Page 1 N—S 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 (re original investment was made; and, of Southlake Texas, does find that the changes in WHEREAS, the City Council of the City 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: (tir- G:\ORD\ZONING\480.159 Page 2 / _ (pie Being a 11.92 1.2 acre tract of land situated in the y 5:0,fix40100and more fully and completely described m Exhibit "A" attached hereto and incorporated herein, from 1.A�A is l ur to 8SP 1 r gl Resldentiah lei 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 (krie such accrued violations and all pending litigation,both civil and criminal, whether pending in court G:\ORD\ZONING\480.159 Page 3 BN-`1 Co, 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 ten(10) 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 day of , 1994. MAYOR ATTEST: Lw CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1994. MAYOR ATTEST: CITY SECRETARY (bre G:\ORD\ZONING\480.I59 Page 4 (iive APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: L L G:\ORD\ZONING\480.159 Page 5 EXHIBIT"A" (re BEING a tract of land out of the J.W. Chivers Survey, Abstract No. 350, Tarrant County, Texas, and being situated in the Town of Southlake, and being that certain tract of land described in a Deed recorded in Volume 5033 , Page 906, Deed Records, Tarrant County, Texas and being more particularly described as follows : BEGINNING at a P-K nail set at the intersection of the centerline of Dove Road (60' implied R.O.W. ) and the centerline of Ridgecrest Road (40' implied R.O.W. ) , said point also being in the south line of said Chivers Survey; THENCE N. 01' 10' 31" E. , along the centerline of Ridgecrest Road a distance of 1274 . 00 feet to a 50d nail found for corner; THENCE N. 86 ' 57' 00" E . , at 20 .00 feet passing a 3 inch metal fence corner post in the implied east R.O.W. of Ridgecrest Road and continuing in all a distance of 316 . 54 feet to a 5/8" iron rod for corner, said point being in the south line of the Thomas A. Koen tract and being the northwest corner of the J.M. Shelton tract; THENCE S. 88 ' 26 ' 22" E. along the west line of said Shelton tract a distance of 386 . 16 feet to a 3 inch metal fence cornerpost for corner; THENCE S . 88 ' 26 ' 22" W. , continuing along the interior north line of said Shelton Tract a distance of 163 . 92 feet to a 3 inch metal fence cornerpost for corner; THENCE S . 01 '00 ' 54 " W. , continuing along the west line of said Shelton Tract a distance of 900 . 00 feet to a P-K nail set in the centerline of Dove Road, said point also being in the south line of said Chivers Survey; THENCE S . 89 ' 57 ' 55" W. , along the centerline of Dove Road and the South line of said Chivers Survey a distance of 164 . 99 feet to the Place of Beginning and containing 6 . 192 acres of land. G:\ORD\ZONING\413O.159 Page 6 i City of Southiake,Texas MEMORANDUM 9 December 2, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-142 Preliminary Plat/Oakwood Pond REQUESTED ACTION: Preliminary Plat for Oakwood Pond,being 6.192 acres situated in the J.W. Chivers Survey, Abstract No. 350, Tract 1C1D LOCATION: Northeast corner of E. Dove St. and Ridgecrest Dr. OWNER: Guaranty Federal Bank,F.S.B. APPLICANT: Tom Miller CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-1A" Single-Family Residential District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Eleven (11) RESPONSES: One written response received within the 200' notification area: * Gaylon Bailey, 465 E. Dove Road, undecided: (no written comments) P&Z ACTION: November 17, 1994; Approved (7-0) subject to the first Plat Review Summary dated November 11, 1994. STAFF COMMENTS: The Applicant has met all the review comments of the first Plat Review Summary dated November 11, 1994 with the exception of those items addressed on the attached second Plat Review Summary dated December 2, 1994. Note that the Applicant has applied for a rear yard setback variance on Lots 1,2,and 3 from the Board of Adjustment. The request is to allow a 30'rear yard on these lots. The hearing is set for December 15, 1994. (iv, KPG/bls G:\WPEIMEMO\CASES\94-142PP.WPD i_ 4" s I I IN ,N, \ KEG "/'' •, K: > I 4 5 3 / ---- _ _J �Ii,cI'IIU T • I1T • aa1/�� 5�(a.��,1I \ N. YHWOOP f, , - • n it [NAHA'' V . h\. : 'E h \\ --------------I Ie-. I I - I. ' 11 1 \\ Ms - --7 -1----a- ' J. WIEWELL = I \ a.Kr ' - ,xs � 'Si-� J.D. J®fAll�� . PRICE s. W. RAILLS -H►It++I+ 0r....4W4 -1---------I J aww .r a-,,. ...V', I 'I J. NMIZ W ELL -- � 1s" / DAVID-uDOUYHIY . . ..rN '* ,,,, L. DENTON J ©;�� t.� ——r ..r W+i1uu.� L ti�' w W. 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CHIVERS z ' , , r.F• •-c1,1lnP=.ON :�`�,I� •c 1, 1 P cr .-,,.g .__. a.K x , a-,W ' « I .K t .w I e Na s,.K'C€ -I," 114 K yU ��' w e..tz r A� i we K c��R sic' I un K i .m K n ..s B 32.11k _ y 5 I EME - H 1. _i ClRROLL 1' I Is I I ses r1 Rile ?� 1-� 2.0k l {- : i i I x 11SCHOOralL I _-="a•"-- ' MI 19 li7Jl_ (.Sl S,. ----__ ICI- - -- --`--L"`�u i ,ez ,.x r zu ,.m �z1K 71?"2A -- --. _a41 'a'C wt w w,l - —1 1 , ,u .4 1 , fir, wx ;/4. I �- . _ .1.K e. 9 ism, o 1 5 .1 p�1 c RRY E 1)., T,c w 40 5 AI)'N• {;.u.' ' a r K --N `Im.15 K .el,.nr s am zlI ii�I JpU� I i lu „.ss r NKS I i'�e I a1K Ib re t re x,.l{ „ CD x,Y z.{..c n ��y If qp/,1�[� 1 1.K -1.-. �R,�IS6!L .I J. WEST N'Y I I[ 1 1 2IK=� x K E `‘, 6x l- : ma's WKr -.,. . sN R Q >v - :sr NU 1.1 ..A I 3KK 30 .e.e K wK ( 1 U !! NI ,ae AD p 1—I I AISSALOKI H. CHIVER4 I wK w•r, 13 At — i it IC MBAKER R1 a TRACT MAP — — BEY 7 GRU 4? R `_. Sat p 211 X,r �� rq � - n x R v h�\ I 't :ES1�,i —12— ' P I) I�vs C RI- BCD -- . '.t RA ER5 ' xse K 1 �E�� r N1� ,,N sIs K 1 I— ,n 1, _.___._ 1 1 1 1 . 1 ..._ S. Fertitta l � C J. Stauffer 1 0 Ac `� s 1Q2 1 C1 E1 B AG ill l (116•• "AG" , Jr ,, . , T. Keen H. McPherson' VV7 "AG" (1__ ]-'[ - vi I I I Ili Olik 1C1 A Ft 'EY A -350 . 1F E J. Shelton; R. McPherson , (II) 13. 4WAc ct U "AG„, W ' 0 , o "SF-1" (t 8 Ac ("---------) / ______ L 1H 1 A. Kelly I 1A "AG" F SF-1 1 \ 1 1 4,'\ // 1A1 O. Strait 2. 0Ac Q T. Callicott P. Stone 1 B 1 A3 m 1B3C G. Bailey CO „ 1 B2 co 1B AG �-- 6. 2 Ac • L 1 B3B "SF-1„ ADJACENT OWNERS AND ZONING __,J. ___\AU q (`�, c I Spin #3 Representative Joseph Mast I �.� ) - 8z-3 r, ) 1 \i > 1 1 n i+H 1 i 1 1 A City of Southlake,Texas PLAT REVIEW SUMMARY Case No: ZA 94-142 Review No: Two Date of Review: 12/02/94 Project Name: Preliminary Plat- Oakwood Pond OWNER/APPLICANT: ENGINEER/SURVEYOR: Tom Miller Dowdey,Anderson &Associates, Inc. 5604 Oak Top Drive 16250 Dallas Parkway, Suite 100 Colleyville, TX 76034 Dallas,TX 75248 Phone: Phone: (214) 931-0694 Fax: Fax: (214) 937-9538 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/29/94 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT TOM ELGIN AT(817)481-5581,EXT.753. 1. Provide the deed record volume &page for all adjacent unplatted tracts within 200' including those across any adjacent R.O.W. Also provide names of the record owners and deed records for the unplatted tract north of the Robert McPherson property and the unplatted tract east of Lot 1,Block 1, Steward Addition. Co, 2. Show and label the lot lines, easements, lot&block numbers, subdivision name, and plat record for the portion of the Steward Addition within 200' (V.388-159, P.40). 3. Label the existing zoning on this tract and adjacent property. Label or note the proposed zoning for this property. 4. Tie down the P.O.B. to a survey corner, previously filed subdivision corner or USGS monument. 5. Show and dimension the apparent existing R.O.W. and travelled roadway widths of East Dove Street and Ridgecrest Drive. 6. Show the general outline of the area embraced by tree cover. 7. Show any existing structures and note whether to remain or not. 8. Please delete the easements shown in the Ridgecrest Drive R.O.W. and provide the following drainage easements: A. 40' width D.E. centered on an easterly extension of the common line of the Strait and Kelly properties from the east R.O.W. of Ridgecrest across Lot 1 to the east property line (approximately bisecting the proposed Lot 1.) C i. City of Southlake,Texas B. 40'width D.E.due north of an easterly extension of the north line of the Kelly property from (1.1 .' the east R.O.W. of Ridgecrest across the southern third of the proposed Lot 2 to the east property line. C. 50'width D.E. along the south line of the proposed Lot 4 from the east R.O.W. of Ridgecrest to the east property line. 9. The subdivision ordinance requires street stubs every 1000'; however, staff feels that a street stub to the west is not necessary due to the floodplain on the existing property and its frontage on Dove Street. • • • * The Developer's Agreement for this addition should consider perimeter street and drainage, park dedication requirements and off-site grade-to-drain permission. * All taxes due must be paid prior to filing this plat in the County records. * Denotes Informational Comment cc: Guaranty Federal Bank,FSB, 10440 N. Central Expressway, Suite 900,Dallas,TX,75231 (iii Tom Miller Dowdey,Anderson&Associates, Inc. • x:e _qaa 3 �3 g 1111 1( l flg113 isi „ -13 F111: PI w, 8 : ii1 ; ? 11111-',j iE �s 131 3i = a it I ' _` w ^ a - :1 1• . .]1a :p1 -011 1311 ! al ex Lai:' ] glra =1. z „< fie' ] : -= 11s! ''� �;ix= t• ; 1 '- l 111' w ,- °a <} W "L S .f _ • �'! x 1 t•i3> s '# ti 411 i •• ,, c ti 't :a "o ssiq}a s a�3x .: �1 ai l gigs : d ql.: c !ia_ _? < o:>d y • 1111142 ts='-� sty_ �:l3i. E;t ; $�a t x • ! .11ii J ^ e1_x x� rzo'1_ . : ;,,. ... ,,,. S # a � i t g Y "` W a llit 11 Ei ls�i :a aIt s=:: _ use r 3 3 ;a a. , a= � IT'.a : `4 e. o a 3�l ia�x `• �i 11 �:ilxl ! �'f; R Hill ¢ � • 1 at 8 a 1 ! 8 xi:e �?a : :_. : :! ` �1 a• iix E 31�1 x ��?si E tal O a O Y gi ...2 mom' L Y=w Y l mj W; <> :Je Jt • w• Ox^ iaW �o `fti z2 0o>t, f w _ F=.1 i i b<. • (..... • ar iF. • al 1 r---,rw-- -Y ^ 3 ? W Ana R • avoa lsaa�a�a7a __ • I! s •os•3«..n m .nw• IaI3 `a e i / / x .§..a \ :y+ -,w- ..a.1 ' : .Y — Mgt }_ / a... > Y • ;_oi,....- g T i ze f *� City of Southlake,Texas MEMORANDUM December 1, 1994 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Ordinance No. 628, 1st Reading, Adopting TMRS Increase in Employee Deposit Rate Texas Municipal Retirement System (TMRS) administers the City's pension program. TMRS rates are based on a calendar year. Currently, the City matches employee deposits 2 to 1, with employees contributing 5% of their pay. During the FY94-95 budget work sessions, staff recommended that the employee deposit rate be increased from 5% to 6%. This increase is incorporated in the FY94-95 proposed budget at an estimated cost of$40,000. The 1994 TMRS rate is 6.14% for the 5% employee contribution at the 2 to 1 matchin: ratio. The proposed 6% employee contribution rate will increase the City's rate .77% t. 6.91% The City must also re- adopt annually repeating calculation of updated service credits. This provision annually updates annuity amounts to retirees based on a maximum of 70% of the change in the Consumer Price Index, less any previously granted increases. There are currently two retirees. Over the past several years, the City has strived to improve the retirement program for employees. In 1990, the employee deposit rate was 5%, with a 1 to 1 matching ratio (1.99% City rate). In 1991, the City adopted a 1 to 1.5 matching ratio (3.01% City rate). In 1992, the City adopted a 2 to 1 matching ratio (4.26% City rate). In 1993, the City adopted the Buy-Back provision, which allows employees with previously forfeited TMRS service to regain credit for that service by depositing the amount withdrawn plus a 5% per year withdrawal fee. This increased the City's contribution rate for 1993 to 5.58%. The 1994 rate is 6.14%. This change will be effective January 1, 1995 for all employees under the TMRS program. Staff recommends that the Council approve the ordinance increasing the employee deposit rate to 6%. LAH tmrs5to6.wpd 7 V • 0,REtg, f 1 TMR /R-T-D TEXAS MUNICIPAL RETIREMENT SYSTEM A. ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING T. EXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN `AID SYSTEM ON AN ANNUAL BASIS FOR SERVICE PERFORMED BY QUAL YING MEMBERS OF SUCH SYSTEM WHO AT THE EFFECTIVE DATE OF THE ALL' ANCE ARE IN THE EMPLOYMENT OF THE CITY OF SOUTHLAKE; PROVIDING FOR I REASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFI• ARIES OF DECEASED RETIREES OF THE CITY; TO INCREASE THE RATE OF DEPO'ITS TO THE TEXAS MUNICIPAL RETIREMENT SYSTEM BY THE EMPLOYEES OF T CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE. B ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXA . Section 1. A - ation of Updated Service Credits. (a) On the terms and conditions set out in Sections 853.401 through 853.404 of Subtitle G of Title 8, Government Code, as amended (hereinafter referred to as the "TMRS ACT"), each member of the Texas Municipal Retirement System (hereinafter referred to as the "System") who has current service credit or prior Lsrvice credit in the System in force and effect on the 1st day of January of the calendar year preceding such lowance, by reason of service in the employment of the City, and on such date had at least 36 months of credited service with the System, shall be and is hereby allowed "Updated Service Credit" (as that term is defined in subsection (d) of Section 853.402 of the TMRS Act). (b) On the terms and conditions set out in Section 853.601 of the TMRS Act, any member of the System who is eligible for Updated Service Credits on the basis of service with this City, who has unforfeited credit for prior service and/or current service with another participating municipality or municipalities by reason of previous service, and was a contributing member on the 1st day of January of the calendar year preceding such allowance, shall be credited with Updated Service Credits pursuant to, calculated in accordance with, and subject to adjustment as set forth in said Section 853.601, both as to the initial grant hereunder and all future grants under this ordinance. (c) The Updated Service Credit hereby allowed and provided for shall be 100% of the "base Updated Service Credit" of the member(calculated as provided in subsection (c) of Section 853.402 of the TMRS Act). (d) Each Updated Service Credit allowed hereunder shall replace any Updated Service Credit, prior service credit, special prior service credit, or antecedent service credit previously authorized for part of the same service. (e) In accordance with the provisions of subsection (d) of Section 853.401 of the TMRS Act, the deposits required to be made to the System by employees of the several participating departments on account of current service shall be calculated from and after the effective date of this ordinance on the full amount of such person's compensation as an employee of the City. (ire gT a I '' Page 2. Lection 2. Increase in Retirement Annuities. (a) On terms and conditions set out in Section 854.203 of the TMRS Act, the City hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the System to retired employees and to beneficiaries of deceased employees of the City under current service annuities and prior service annuities arising from service by such employees to the City. An annuity increased under this Section replaces any annuity or increased annuity previously granted to the same person. (b) The amount of the annuity increase under this Section is computed as the sum of the prior service and current service annuities on the effective date of retirement of the person on whose service the annuities are based, multiplied by 70% of the percentage change in Consumer Price Index for All Urban Consumers, from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of this Section. (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereunder. (e) The amount by which an increase under this Section exceeds all previously granted increases to an annuitant is an obligation of the City and of its account in the municipality accumulation fund of the System. ''ection 3. Dates of Allowances and Increases. The initial allowance of Updated Service Credit and .;cease in retirement annuities hereunder shall be effective on January 1, 1995, subject to approval by the oard of Trustees of the System. An allowance of Updated Service Credits and an increase in retirement annuities shall be made hereunder on January 1 of each subsequent year until this ordinance ceases to be in effect under subsection (e) of Section 853.404 of the TMRS Act, provided that, as to such subsequent year, the actuary for the System has made the determination set forth in subsection (d) of Section 853.404 of the TMRS Act. BE IT FURTHER RESOLVED: Section 1. That all employees of the City, who are members of the Texas Municipal Retirement System, shall make deposits to the System at the rate of 6% of their individual earnings. Section 2. Effective Date. Subject to approval by the Board of Trustees of the System, this ordinance shall be and become effective on the 1st day of January 1995. Passed and approved this the day of , 19 . ATTEST: APPROVED: Le City Secretary or Clerk Mayor g I - 3 City of Southlake,Texas AGENDA ITEM #8—J MEMORANDUM `O. December 1, 1994 TO: Curtis E. Hawk, City Manager r FROM: Lou Ann Heath, Director of Finance ' SUBJECT: Ordinance No. 628, 1st Reading, Adopting TMRS Increase in Employee Deposit Rate I Texas Municipal Retirement System (TMRS) administers the City's pension program. TMRS rates are based on a calendar year. Currently, the City matches employee deposits 2 to 1, with employees contributing 5% of their pay. During the FY94-95 budget work sessions, staff I I recommended that the employee deposit rate be increased from 5% to 6%. This increase is incorporated in the FY94-95 proposed budget at an estimated cost of$40,000. The 1994 TMRS rate is 6.14% for the 5% employee contribution at the 2 to 1 matching ratio. The proposed 6% employee contribution rate will increase the City's rate .77% to 6.91%. The City must also re- adopt annually repeating calculation of updated service credits. This provision annually updates annuity amounts to retirees based on a maximum of 70% of the change in the Consumer Price Index, less any previously granted increases. There are currently two retirees. Over the past several years, the City has strived to improve the retirement program for employees. In 1990, the employee deposit rate was 5%, with a 1 to 1 matching ratio (1.99% City rate). In 1991, the City adopted a 1 to 1.5 matching ratio (3.01% City rate). In 1992, the City adopted a 2 to 1 matching ratio (4.26% City rate). In 1993, the City adopted the Buy-Back provision, which allows employees with previously forfeited TMRS service to regain credit for that service by depositing the amount withdrawn plus a 5% per year withdrawal fee. This increased the City's contribution rate for 1993 to 5.58%. The 1994 rate is 6.14%. This change will be effective January 1, 1995 for all employees under the TMRS program. 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CITY L/M ",.._—- G' EICIIMIII 1 r aQ BIG B GO� 3.•S7 e 1 , zimiCA° ;rwifla11 I ,ae ill 2E a/ 3 u.x AC i—=�� to 1A TA 1e.71 1 �AC � !9� r>lf AC �e.lf 1.176 aC I 1 C tom'"' e. ,,�� 1 ..../ \��JJ`` �� .. ``7 c 655) ,.. ® /, Ta• 7 111 701 t ...r •.x Ic 1, �� Lea / TP IAA LVC 3.61 =1 ' ff1 ,.1 -i17C iAC , k WV 1a 1 T11 u=.7 CASE #: SUP-94-1 APPLICANT: RON KREBS REQUEST: SPECIAL USE PERMIT FOR A GOLF DRIVING RANGE y/ v,.A, c A 009 , °• • ��lY�! 4 . , 2... .,...,:•tis .7"-i a.. j1// (.11 — -T 1.1, ... JA`m { \ ,-,/ : , ,e. ._,.;=.7.__111\\ olke,. \,_14 :3 ' 4 I _ _: ,00 I. `)iir4 A 1/_ . NIZ . 0 1 s• ....- okilH" :40 . i .. ft IkW AAC i 1 I Ti f • 8 - 11" �1L bui . 4- I -,,y i , n ,. 1 11 ilt I -ft,ei„ lico -�Si 1 mi 111a' n �f^\ _ 1 a ii d �� , rr-/7,,,c1-s 1 NV- al—'. — =p s Y P, ip. -44/ __.-----------4-- --(VY - 17 , V1/1 A,' i6,t ....... 1 le 1 ..,...71N z , A. a a v MtiM s" 1 :414a i$as #•,C% ,14 •`• .;•u�,. . c . " — Le full....•/:it s.- d, :. t.r iiia aill„mu 9ifi !fil ! !!!!d___li • '�1A el tot. �' :'` T, Sl�1bp - Southern Sector (South of F.M. 1709 - Southlake Blvd.) Housing Population Projected ktio Acreage Density Density Population Low Density 900 0.80 3.13 2254 Medium Density 2750 2.18 3.13 18764 Mixed Use (Residential Component) Medium Density 20 2.18 3.13 136 Multi-family 0 12.00 3.00 0 Total: 21154 46% Central Sector (South of S.H. 114 & north of F.M. 1709) Housing Population Projected Acreage Density Density Population Low Density 2100 0.80 3.13 5258 Medium Density 900 2.18 3.13 6141 Mixed Use (Residential Component) Medium Density 25 2.18 3.13 171 Multi-family 5 12.00 3.00 180 Total: 11750 25% Northern Sector (North of State Highway 114)) Housing Population Projected Acreage Density Density Population Low Density 1800 0.80 3.13 4507 Medium Density 800 2.18 3.13 5459 Mixed Use (Residential Component) Medium Density 250 2.18 3.13 1706 Multi-family 50 12.00 3.00 1800 Total: 13472 29% LI GRAND TOTAL= 46376 City of Southlake,Texas Y' MEMORANDUM December 1, 1994 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Ordinance No. 629, 1st Reading, Adopting TMRS Military Service Credit This ordinance allows the City to adopt the Military Service Credit provision in which members may purchase service credit for time served on active duty status. An employee must have at least ten years of creditable TMRS service. The military credit may be purchased for service in the Armed Forces or Reserves based on active duty status. The employee must make application for this credit and submit a deposit equal to $15 for each month of military service being purchased up to 60 months of service. The City is not required to make a lump sum contribution. The City's matching funding will be included in the calculation of the City's regular TMRS contribution rate and will be funded over the remainder of the City's amortization period. It is estimated that adoption of this ordinance will have a negligible effect on the total City contribution rate. The number of months of military service credit purchased by the employee is used to satisfy vesting and/or retirement eligibility provision of the TMRS Act. It is estimated that less than a dozen employees would qualify under this provision. Please place this item on the agenda for Council consideration. LAH tmrsmili.wpd -/ RE riN, f y � r 1 4ust+N TMRS-J TEXAS MUNICIPAL RETIREMENT SYSTEM AN ORDINANCE ALLOWING CERTAIN EMPLOYEES OF THE CITY, WHO PERFORMED OR HEREAFTER PERFORM ACTIVE SERVICE IN THE ARMED FORCES (OR THEIR RESERVES OR AUXILIARIES) OF THE UNITED STATES UNDER HONORABLE CONDITIONS, TO APPLY AND MAKE DEPOSITS FOR, AND TO RECEIVE SPECIAL CREDIT WITH THE TEXAS MUNICIPAL RETIREMENT SYSTEM FOR LIMITED PORTIONS OF SUCH MILITARY SERVICE, AND PROVIDING FOR PAYMENT BY THE CITY OF SOUTHLAKE ITS SHARE OF THE COSTS OF ALLOWING SUCH CREDITS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. Pursuant to Section 853.502, Subchapter F of Chapter 853, Title 8, Government Code as amended, the City of Southlake hereby elects to allow eligible members in its employment to establish credit in the Texas Municipal Retirement System for active military service performed as a member of the armed forces or armed forces reserves of the United States or an auxiliary of the armed forces or armed forces reserves. Eligible members as used herein shall be those employees meeting the criteria Leset forth in Sections 853.502(b) and 853.503 of said Subchapter F, and the amount and use of creditable military service shall be as further set forth in Section 853.505. Section 2. In order to establish credit for military service hereunder, a member must deposit with the Texas Municipal Retirement System (in that member's individual account in the Employees Saving Fund), an amount equal to the number of months for which credit is sought, multiplied by $15.00. The City of Southlake agrees that its account in the Municipality Accumulation Fund is to be charged at the time of the member's retirement with an amount equal to the accumulated amount paid by the member for military service credit, multiplied by the City's current service matching ratio in effect at the date the member applies for such military service credit. Section 3. This ordinance shall become effective on the 1st day of ,19_ Passed and approved this the day of , 19_ ATTEST: APPROVED: City Secretary or Clerk Mayor (re g*-0? Q" � TMRS-34/a ` 'i (9/89) WLow, 414. N 1 TEXAS MUNICIPAL RETIREMENT SYSTEM MILITARY SERVICE CREDIT INFORMATION SHEET The 1989 amendments to the TMRS Act allowing member cities to adopt the Military Service Credit provision, the following conditions must be met before a member may purchase Military Service Credit: 1) The employing city must have adopted the Military Service Credit provision by ordinance. 2) The member must have at least ten years of creditable TMRS service and have been employed by a participating city or cities for ten or more years. 3) Military credit may be purchased in the Armed Forces of the United States (or its auxiliaries), or in the Armed Forces Reserves of the United States (or its auxiliaries), if such service was performed on active duty status, as certified on form DD-214. 4) The employee's release from active duty must have been made upon terms (111re other than dishonorable. An employee who is receiving any retirement pay - or pension from the United States based upon twenty (20) or more years of active duty or equivalent, will not be eligible for Military Service Credit. Likewise, any employee who has been granted military service credit by any other public retirement system or program under the laws of the State of Texas, shall not be eligible for Military Service Credit in T MRS. 5) A member who meets all the qualifications for Military Service Credit, receives such credit by making application to the System on form TMRS-34, Application for Military Service Credit. This form is signed by the member and certified by the city official designated by ordinance to certify official TMRS forms. The city official also certifies that they have reviewed the member's original military documents (DD214 or other official documents) that verify the member's active military service and discharge from the military under conditions other than dishonorable. A copy of the member's • military service record and discharge status, certified by the city official, must be submitted with the Application-for Military Service Credit. 6) Along with the Application for Miliitary Service Credit, the member must submit a deposit equal to $15.00 for each month of military service being purchased. Effective September 1, 1989, cities are not required to make a lumpsum contribution to fund military service credit. The City's matching funding will be included in the calculation of the City's regular TMRS contribution rate and will be funded over the remainder of the City's amortization period. A qualified member may purchase any amount of Military Service Credit they are entitled to receive, up to a maximum of 5 years (60 months). If a member elects to purchase less than the full amount of Military Service Credit they are entitled to, they may not purchase any additional Military Service Credit at a future date. gg-3 MILITARY SERVICE CREDIT (continued). (NV 7) The number of months of Military Service Credit purchased by a member is used to satisfy the vesting and/or retirement eligibility provision of the TARS Act. However, Military Service Credit is not included in the calculation of Updated Service Credit. 8) If a member leaves the employment of a city adopting the Military Service Credit provision, prior to the time they become eligible to purchase said credit, they lose their eligibility to do so. Assuming a member purchases a maximum of 5 years of Military Service Credit, the following information shows the member and city cost, as well as estimated additional monthly benefits. City Matching Ratio 1:1 1.5:1 2:1 Required Contributions Employee $ 900 $ 900 $ 900 City 900 1 ,350 1 ,800 Monthly Benefits* Additional Monthly Benefit (lire Number of years from date credit is purchased to date of retirement: 0 $ 14 $ 17 $ 21 5 years 20 26 31 10 years 30 38 45 15 years 44 55 66 20 years 65 81 97 *Approximate Standard Benefit at age 65 assuming 8% per year future interest. Any of the above information can be adjusted to a lesser number of months of credit by dividing by 60 and multiplying by the desired number of months. sK- y City of Southlake, Texas AGENDA ITEM # 8-K MEMORANDUM rt"..1111 December 1, 1994 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Ordinance No. 629, 1st Reading, Adopting TMRS Military Service Credit This ordinance allows the City to adopt the Military Service Credit provision in which members may purchase service credit for time served on active duty status. An employee must have at least ten years of creditable TMRS service. The military credit may be purchased for service in the Armed Forces or Reserves based on active duty status. The employee must make application for this credit and submit a deposit equal to $15 for each month of military service being purchased up to 60 months of service. The City is not required to make a lump sum contribution. The City's matching funding will be included in the calculation of the City's regular TMRS contribution rate and will be funded over the remainder of the City's amortization period. It is ' estimated that adoption of this ordinance will have a negligible effect on the total City contribution rate. The number of months of military service credit purchased by the employee is used to satisfy vesting and/or retirement eligibility provision of the TMRS Act. It is estimated that less kNair than a dozen employees would qualify under this provision. Please place this item on the agenda for Council consideration. L 1 ' LAH I tmrsmili.wpd I I City of Southlake,Texas MEMORANDUM December 1, 1994 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Ordinance No. 630, 1st Reading, Adopting Restricted Prior Service Credits This ordinance allows the City to adopt the restricted prior service credit for service previously performed as an employee of any incorporated city or town in the United States, or Council of Governments in Texas for which the person has not otherwise received credited service in TMRS. The credit may only be used to satisfy length of service requirements for vesting and service retirement eligibility, has no monetary value, and is not used in any other computations including Updated Service Credits. The City's contribution rate will not be changed due to adoption of this provision, however, if an employee who has received this credit retires, there may be a slight actuarial cost increase. At the present time, it is estimated that less than twenty employees would have prior service that would qualify under this provision. Please place this ordinance on the City Council agenda for consideration. LAH tmrspc.wpd gk -/ City of Southlake,Texas MEMORANDUM December 1, 1994 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Ordinance No. 630, 1st Reading, Adopting Restricted Prior Service Credits This ordinance allows the City to adopt the restricted prior service credit for service previously performed as an employee of any incorporated city or town in the United States, or Council of Governments in Texas for which the person has not otherwise received credited service in TMRS. The credit may only be used to satisfy length of service requirements for vesting and service retirement eligibility, has no monetary value, and is not used in any other computations including Updated Service Credits. The City's contribution rate will not be changed due to adoption of this provision, however, if an employee who has received this credit retires, there may be a slight actuarial cost increase. At the present time, it is estimated that less than twenty employees would have prior service that would qualify under this provision. Please place this ordinance on the City Council agenda for consideration. LAH tmrspc.wpd A S TMRS-PSC/Restricted 44_RErq, f `gay Y N 4USft TEXAS MUNICIPAL RETIREMENT SYSTEM AN ORDINANCE THORIZING AND ALLOW G, UNDER THE ACT GOVERNING TH E •• S MUNICIPAL RETIREM T SYSTEM, RESTRICTED PRIOR SERVIC: CRE' T TO EMPLOYEES W- 0 ARE MEMBERS OF THE SYSTEM FO- SER CE PREVIOUSLY PERFORMED FOR ANY INCORPORAT D CITY I THE UNITED S ATES OR ANY COUNCIL OF GOVERNME S IN TEXA • FOR WHICH UCH EMPLOYEES HAVE NOT RECEIVED C EDITED SER CE IN THI YSTEM; AND ESTABLISHING AN EFFECTIVE I ATE FOR THE i RDINAN' E. BE IT •RDAINED : THE CITY COUN •F THE CITY OF SOUTHLAKE, TEXAS. Authorization • - - e• Prior Service Credit. (a) On the terms and conditions set out in Sections 853.305 of Subtitle G of Title 8, (me V.T.C.A., Government Code, as amended (hereinafter referred to as the "TMRS Act"), each member of the Texas Municipal Retirement System (hereinafter referred to as the "System") who is now or who hereafter becomes an employee of this City shall receive restricted prior service credit for service previously performed as an employee of any incorporated city or town in the United States or of any Council of Governments in this State for which the person has not otherwise received credit service in this System, including combined service credit under Chapter 803. The service credit hereby granted bay be used only to satisfy length of service requirements for retirement eligibility, has no monetary value in computing the annuity payments allowable to the member, and may not be used in other computations, including computation of Updated Service Credits. (b) A member seeking to establish restricted prior service credit under this ordinance must take the action required under said Section 853.305 while still an employee of this City. Effective Date. Subject to approval by the Board of Trustees of the System, this ordinance shall be and become effective on the 1st day of , 19 . Passed and approved this the day of 19 ATTEST: APPROVED: (kir City Secretary or Clerk Mayor • BOARD OF TRUSTEES: Q►.REry�4 STAFF: Stephen McCullough, , 'L )\ y Gary W.Anderson, City Manager,Irving 'r ,$' Executive Director .n Starr, Pamela Carter, City Manager,Hurst Comptroller Isaac Valencia, Gary Craig, Sr.Officer,Police Dept.,Corpus Christi TIVIRSInvestment Officer Andres Vega,Jr., Eric W.Davis, City Manager,Brownsville Membership Development Officer Charles Wilson, Shirley Watts, Training Officer,Fire Dept., Waco Member Benefits Manager Texas Municipal Retirement System P.O.Box 149153 Austin,Texas 78714-9153 (512)476-7577 November 23, 1994 Ms. LouAnn Heath Finance Director City of Southlake 667 North Carroll Ave. Southlake, Texas 76092-8898 Dear LouAnn: As per your request, we are pleased to enclose Model Ordinance TMRS-PSC/Restricted, which provides for restricted prior service credit for service previously performed as an employee of any incorporated city or town the United States, or Council of Governments in Texas (COG), for which the person has not otherwise Lceived credited service in this System. This credit may only be used to satisfy length of service requirements for "vesting" and service retirement eligibility, has no monetary value, and is not used in any other computations including Updated Service Credits. The City's contribution rate will not be changed due to adoption of this provision, however, if an employee who has received this credit retires, there may be a slight actuarial cost increase and, again, this credit may only be granted for service performed in a city that is not a participant in TMRS, or was not a participating city at the time the service was performed. We will appreciate receiving a copy of this ordinance as finally adopted. We appreciate the City's continued interest in the Retirement System and hope you will always feel free to contact us when we can be of service to you. Sincerely, Patricia J. Henderson Executive Assistant PJH/me L gL -3 Providing retirement security for municipal employees since 1948. City of Southlake,Texas MEMORANDUM November 11, 1994 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Resolution No. 94-62, Approving SPDC's issuance of $1,000,000 Sales Tax Subordinate Lien Revenue Bonds, Series 1994 This resolution will approve the SPDC's issuance of$1 million in subordinated sales tax revenue bonds. The original SPDC budget called for the sale of an additional $1.5 million bonds at the end of FY95, therefore this is an acceleration of the plan. The scope of the SPDC projects remains the same: 1. Bicentennial Park, 2. Land adjacent to the Corps property and 3. Joint use gymnasium. The City currently has a$1.8 million construction project in progress at Bicentennial Park. Negotiations are under way to purchase the additional tract of land near Bicentennial Park. The City is also moving forward with the purchase of the land adjacent to the Corps property. The City recently approved the joint use construction agreement for the middle school gymnasium. The additional bonds will allow the City to move forward with the overall SPDC plan. LAH qal-' (kire 'RESOLUTION NO. 94-62 A RESOLUTION by the City Council of the City of Southlake, Texas, relating to the "Southlake Parks Development Corporation Sales Tax Subordinate Lien Revenue Bonds, Series 1994"; approving (i) the resolution of the Southlake Parks Development Corporation authorizing the issuance of such Bonds and (ii) the execution, on behalf of the City, of the Financing/Use Agreement relating to such financing by the economic development corporation; resolving other matters incident and related to the issuance of such Bonds; and providing an effective date. WHEREAS, Southlake Parks Development Corporation (the "Issuer") was created by the City of Southlake, Texas (the "City") , pursuant to the provisions of Section 4B of the Development Corporation Act of 1979, Article 5190. 6, Vernon's Texas Civil Statutes, as amended (the "Act") ; and WHEREAS, pursuant to the Act, the Issuer is empowered, on behalf of the City, to issue bonds for the purpose of defraying the cost of any "project" defined as such by the Act; and WHEREAS, the Act defines "project" to include land, buildings, equipment, facilities, and improvements found by the Board of Directors of the Issuer to be required or suitable for use for sports and entertainment and public park purposes or promote or develop new and expanded business enterprises; and WHEREAS, the Issuer has determined that the (i) the expansion and development of Bicentennial Park, including baseball and softball fields, soccer fields, playgrounds, parking lot and utilities development, access roads and the acquisition of land and rights-of-way to include the purchase of land adjacent to the Corp of Engineers' property and (ii) a gymnasium facilities suitable for use for amateur (including children's) sports, athletic and entertainment purposes and events (the "Project") should be financed by the Issuer; and WHEREAS, the Issuer and the City has each found the Project will promote or develop new or expanded business enterprises in the area adjacent to and surrounding the Project; and WHEREAS, Section 25 (f) of the Act requires the City Council of the City approve the resolution of, the Issuer providing for the issuance of the Bonds no more than sixty (60) days prior to the delivery of the Bonds; now, therefore, L 0210258 TEXAS:E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, B Section 1: The Resolution authorizing the issuance of $1, 000,000 "Southlake Parks Development Corporation Sales Tax Subordinate Lien Revenue Bonds, Series 1994", adopted by the Issuer (the "Issuer Resolution") on November 15, 1994 and submitted to the City Council this day, is hereby approved in all respects. The Bonds are being issued to finance the construction of the Project, which will be located within the City of Southlake and the City agrees that upon receipt of the proceeds of sale of the Bonds from the Issuer, the City will construct the Project and thereafter be fully responsible for the upkeep, maintenance and use of the Project. Section 2 : The approvals herein given are in accordance with Section 25(f) of the Act, and the Bonds shall never be construed an indebtedness or pledge of the City, or the State of Texas (the "State") , within the meaning of any constitutional or statutory provision, and the owner of the Bonds shall never be paid in whole or in part out of any funds raised or to be raised by taxation (other than sales tax proceeds as authorized pursuant to Section 4B of the Act) or any other revenues of the Issuer, the City, or the State, except those revenues assigned and pledged by the Issuer Resolution. (kr Section 3: The City hereby agrees to promptly collect and remit to the Issuer the Gross Sales Tax Revenues (as defined in the Issuer Resolution) in accordance with the terms of the Issuer Resolution and the Act to provide for the prompt payment of the Bonds, and to assist and cooperate with the Issuer in the enforcement and collection of sales and use taxes imposed on behalf of the Issuer. Section 4: The Financing/Use Agreement by and between the City and the Issuer in relation to the Project, attached hereto as Exhibit A and incorporated by reference as a part of this resolution for all purposes, with respect to the obligations of the City and Issuer during the time the Bonds are outstanding, is hereby approved as to form and substance and the Mayor and the City Secretary are hereby authorized to execute and deliver such agreement for and on behalf of the City and as the act and deed of this City Council. Furthermore, the Mayor and the City Secretary and the other officers of the City are hereby authorized, jointly and severally, to execute and deliver such endorsements, instruments, certificates, documents, or papers necessary and advisable to carry out the intent and purposes of this Resolution. L 0210258 -2- • Section 5: The City hereby acknowledges and recognizes that the Bonds are being issued as tax exempt obligations under and pursuant to section 103 (a) of the Code (as defined below) and the proceeds of sale of such Bonds are to be deposited with the City following their receipt by the Issuer and the City shall have full control and responsibility with respect to the construction of the Project and the investment and disbursement of the proceeds of sale of the Bonds. Therefore, as a result of the foregoing, the City hereby makes the following representations and warranties to the Issuer: (a) Definitions. When used in this Section, the following terms have the following meanings: "Closing Date" means the date on which the Bonds are first authenticated and delivered to the initial purchasers against payment therefor. "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. "Computation Date" has the meaning set forth in Section 1. 148-1(b) of the Regulations. (kir "Gross Proceeds" means any proceeds as defined in Section 1. 148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1. 148-1(c) of the Regulations, of the Bonds. "Investment" has the meaning set forth in Section 1. 148-1 (b) of the Regulations. "Nonpurpose Investment" means any investment property, as defined in section 148 (b) of the Code, in which Gross Proceeds of the Bonds are invested and which is not acquired to carry out the governmental purposes of the Bonds. "Rebate Amount" has the meaning set forth in Section 1. 148-1(b) of the Regulations. "Regulations" means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Bonds. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. L -3- 0210258 s , "Yield" of (1) any Investment has the meaning set forth in Section 1. 148-5 of the Regulations and (2) the Bonds has the meaning set forth in Section 1. 148-4 of the Regulations. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or- omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Bond to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Bond, the City shall comply with each of the specific covenants in this Section. (c) No Private Use or Private Payments. Except as permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Bonds: Lie (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Bonds, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Bonds or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. L 0210258 -4- (d) No Private Loan. Except to the extent permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so invested) , if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced thereby) , whether then held or LP' previously disposed of, exceeds the Yield of the Bonds. (f) Not Federally Guaranteed. Except to the extent permitted by section 149 (b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Bonds to be federally guaranteed within the meaning of section 149 (b) of the Code and the Regulations and rulings thereunder. (g) Payment of Rebatable Arbitrage. Except to the extent otherwise provided in section 148 (f) of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Bond is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Bonds with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. 0210258 -5- 1;z4 (limre (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148 (f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Bonds until six years after the final Computation Date. (3) As additional consideration for the purchase of the Bonds by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall remit to the Issuer for payment to the United States the amount described in paragraph (3) above and the amount described in paragraph (4) below, at the times, in the manner and accompanied by such forms or other information as is or may be required by Section 148 (f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraph (2) , and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error) , including the amount remitted to the Issuer for payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1. 148-3 (h) of the Regulations. Section 6: It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by V.T.C.A. , Government Code, Chapter 551, as amended. 0210258 fa. Section 7: This Resolution shall be in force and effect from and after its passage on the date shown below. PASSED AND ADOPTED, this November 15, 1994. CITY OF SOUTHLAKE, TEXAS Mayor ATTEST: City Secretary (City Seal) (kir Now 0210258 -7- fa 4 EXNIut A FINANCING/USE AGREEMENT This Financing/Use Agreement (this "Agreement' ) is made to be effective as of the 15th day of November, 1994, by and between the City of Southlake, Texas, a duly incorporated and existing municipal corporation and political subdivision of the State of Texas (the "City") and the Southlake Parks Development Corporation, a non-profit industrial development corporation organized and existing under the laws of the State of Texas, including Vernon's Ann. Civ. St. , Section 4B of Article 5190.6, (the "Corporation") RECITALS WHEREAS, the Corporation on behalf of the City is to finance (i) the expansion and development of Bicentennial Park, including baseball and softball fields, soccer fields, playgrounds, parking lot and utilities development, access roads and the acquisition of land and rights-of-way to include the purchase of land adjacent to the Corp of Engineers' property and (ii) a gymnasium facilities suitable for use for amateur (including children's) sports, athletic and entertainment purposes and events (the "Project") ; and WHEREAS, such financing contemplates the issuance and sale of the Corporation's tax exempt bonds in the principal amount of $1, 000,000, and the proceeds of sale are to be used by the City to (111bie design and construct the Project; and WHEREAS, the City will have full responsibility for the design and construction of the Project and the Corporation shall have no duties or responsibilities with respect to the Project other than to provide for the financing of its costs; AGREEMENT 1. Financing of Project: For and in consideration of the City's covenants and agreements herein contained and subject to the terms contained herein, the Corporation hereby agrees to issue and sale a series of obligations to be known as "Southlake Parks Development Corporation Sales Tax Subordinate Lien Revenue Bonds, Series 1994" , hereinafter called the "Bonds" , and deposit the proceeds of sale of the Bonds to a construction fund or account to be designated by the City and the City hereby agrees and covenants that all proceeds of sale deposited to the credit of such construction account shall be used solely to pay the costs of the Project. 2 . Use of Project. Until all the Bonds have been fully paid, discharged and retired, the upkeep and maintenance of the Project will be the responsibility of the City and the Corporation shall have no responsibility with respect to the operation, upkeep and maintenance of the Project. 0210256 3 . Recognition of Tax Exempt Financing. The City hereby acknowledges and recognizes that the Bonds are being issued as "state or local bonds" under and pursuant to section 103 (a) of the Internal Revenue Code of 1986, as amended, and the City hereby covenants and agrees with respect to the use of proceeds of sale of the Bonds and the use of the Project as follows: (a) Definitions. When used in this Section, the following terms have the following meanings: "Closing Date" means the date on which the Bonds are first authenticated and delivered to the initial purchasers against payment therefor. "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. "Computation Date" has the meaning set forth in Section 1. 148-1(b) of the Regulations. "Gross Proceeds" means any proceeds as defined in Section 1. 148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1. 148-1(c) of the Regulations, of the Bonds. Loy' "Investment" has the meaning set forth in Section 1. 148-1(b) of the Regulations. "Nonpurpose Investment" means any investment property, as defined in section 148 (b) of the Code, in which Gross Proceeds of the Bonds are invested and which is not acquired to carry out the governmental purposes of the Bonds. "Rebate Amount" has the meaning set forth in Section 1. 148-1(b) of the Regulations. "Regulations" means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Bonds. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. "Yield" of (1) any Investment has the meaning set forth in Section 1. 148-5 of the Regulations and (2) the Bonds has the meaning set forth in Section 1. 148-4 of the Regulations. 0210256 -2---// q� /0 EXHIBIT A L (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Bond to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Bond, the City shall comply with each of- the specific covenants in this Section. (c) No Private Use or Private Payments. Except as permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Bonds: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Bonds, and not use or permit the use of such Gross Proceeds (including all Lre contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Bonds or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. (d) No Private Loan. Except to the extent permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross L 0210256 -3- EXHiBIt A fa- -!! LP' Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so invested) , if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced thereby) ,. whether then held or previously disposed of, exceeds the Yield of the Bonds. (f) Not Federally Guaranteed. Except to the extent permitted by section 149 (b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Bonds to be federally guaranteed within the meaning of section 149 (b) of the Code and the Regulations and (lare rulings thereunder. (g) Payment of Rebatable Arbitrage. Except to the extent otherwise provided in section 148 (f) of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Bond is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Bonds with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148 (f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Bonds until six years after the final Computation Date. Lire 0210256 -4- EXHIBIT A (3) As additional consideration for the purchase of the Bonds by the Purchasers and the use of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall remit to the Corporation for payment to the United States the amount described in paragraph (g) (2) above and the amount described in paragraph (g) (4) below, at the times, in the manner and accompanied by such forms or other information as is or may be required by Section 148 (f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraph (g) (2) , and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error) , including the amount remitted to the Corporation for payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1. 148-3 (h) of the Regulations. 4. Receipt and Transfer of Proceeds of Sales Tax. The City agrees, in cooperation with the Corporation, to take such actions as are required to cause the "Gross Sales Tax Revenues" (as such term is defined in the resolution authorizing the issuance of the Bonds) received from the Comptroller of Public Accounts of the State of Texas for and on behalf of the Corporation to be transferred and deposited immediately upon receipt by the City to the credit of the banking or monetary fund maintained at the depository designated by the Corporation and known on the books and records of the Corporation as the "Pledged Revenue Fund" . 5. Modifications. This Agreement shall not be changed orally, and no executory agreement shall be effective to waive, change, modify or discharge this Agreement in whole or in part unless such executory agreement is in writing and is signed by the parties against whom enforcement of any waiver, change, modification or discharge is sought. 6. Entire Agreement. This Agreement, including the Exhibits, contains the entire agreement between the parties pertaining to the subject matter hereof and fully supersedes all prior agreements and understandings between the parties pertaining to such subject matter. 7 . Counterparts. This Agreement may be executed in several counterparts, and all such executed counterparts shall constitute L 0210256 -5- EXHIBIT A the same agreement. It shall be necessary to acco'Unt for only one such counterpart in proving this Agreement. 8. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall nonetheless remain in full force and effect. 9. Applicable Law. This Agreement shall in all respects be governed by, and construed in accordance with, the substantive federal laws of the United States and the laws of the State of Texas. 10. Captions. The section headings appearing in this Agreement are for convenience of reference only and are not intended, to any extent and for any purpose, to limit or define the text of any section or any subsection hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as of the date and year first above written. SOUTHLAKE PARKS DEVELOPMENT CORPORATION L0' ATTEST: President, Board of Directors Secretary, Board of Directors (Corporation Seal) CITY OF SOUTHLAKE, TEXAS ATTEST: Mayor City Secretary (City Seal) L 0210256 -6- EXHIBIT A ft .., L City of Southlake, Texas MEMORANDUM November 11, 1994 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance `' SUBJECT: Resolution No. 94-63, Declaring Expectation to Reimburse Expenditures with Proceeds of Future Debt I d` The sequence of events required to issue certificates of obligation necessarily extends the date the J City will actually receive funds. For the$6.595 million issue, the scheduled date to receive funds is January 10. The City may be required to expend funds for projects in anticipation of these bond proceeds. This resolution will allow the City to reimburse amounts expended in anticipation of bond proceeds. Please place this item on the Council agenda for approval. LAH 946—/ RESOL 'Pi UTION NOS 63 (isseA RESOLUTION declaring expectation to reimburse expenditures with proceeds of future debt. WHEREAS, the City of Southlake, Texas (the "Issuer") intends to issue debt for the purchase of land for future city facilities including, but not limited to, a new city hall and park facilities (the "Project") and further intends to make certain capital expenditures for the Project and currently desires and expects to reimburse such capital expenditures with proceeds of such debt; WHEREAS, under Treas. Reg. § 1. 150-2 (the "Regulation") , to fund such reimbursement with proceeds of tax-exempt obligations the Issuer must declare its expectation to make such reimbursement; and WHEREAS, the Issuer desires to preserve its ability to reimburse the expenditures with proceeds of tax-exempt obligations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT the Issuer reasonably expects to reimburse capital expenditures with respect to the Project with proceeds of debt hereafter to be issued by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Project is $25,000. Lie PASSED AND ADOPTED this November 15, 1994. CITY OF SOUTHLAKE, TEXAS Mayor ATTEST: City Secretary F L 0210487 96 r City of South lake,Texas MEMORANDUM ,.. November 9, 1994 CITY s"::.u - TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Appointment to Building Board of Appeals Ordinance No. 622, Creating a Building Board of Appeals, was approved by City Council at the regular meeting on September 6, 1994. Council is to appoint a five (5) member board and an additional two (2) alternate members. The terms are for two years. The initial appointment terms are given in Section 2 of the Ordinance, Section 2 and 3 of Ordinance 622 are attached. Section 3 gives the qualifications of members. "Board Members shall constitute a board which is broadly representative of various fields of building construction and building standards." Paul Ward, Chief Building Official, has submitted a list of potential board members that he had talked with and have indicated a desire to serve. Please place this item on the November 15th City Council agenda. 6 ) BW/sm Attachment wpfiles\memos\board.app 411116.1 qe - ' City of Southlake,Texas Resolution No. 94-47 page two PASSED AND APPROVED THIS THE 15th DAY OF NOVEMBER, 1994. CITY OF SOUTHLAKE, TEXAS MAYOR GARY FICKES ATTEST: SANDRA L. LEGRAND CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY City of Southlake,Texas Nome MEMORANDUM December 2, 1994 TO: Curtis E. Hawk, City Manager I'ZOI.M: Sandra L. LeGrand, City Secretary SUBJECT: Appointment to Board of Adjustments Resolution No. 94-64, attached, allows for the appointment to the Board of Adjustments, to fill the unexpired term left by Loyd Eubanks. The term will expire in May, 1995. I have attached applications that are on file. Most have applied for the Planning and Zoning Commission, however, at one time or another, have indicated they would also consider serving the Board of Adjustments. I have not talked with any of the applicants lately. Karen Gandy expressed that they really need to fill the slot, as at times, it is hard getting a quorum. If you have questions, please give me a call. sl nA - t Li City of Southlake,Texas RESOLUTION NO. 94-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A MEMBER TO THE ZONING BOARD OF ADJUSTMENTS, TO FILL AN UNEXPIRED TERM; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake has a Zoning Board of Adjustments as stated in the City Home Rule Charter, Chapter XI, Section 11.02; and, WHEREAS, the Zoning Ordinance No. 480, Section 44, calls for a five (5) member board with two (2) alternate members; and, WHEREAS, currently a two year term has been vacated; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All the findings in the preamble are found to be true and correct and the City Council does hereby incorporate said findings into the body of this resolution as if copied in its entirety. Section 2. Currently a term which will expire in May, 1995 is vacant. Section 3. Under this resolution, the following person is hereby appointed to the Zoning Board of Adjustments for the term to expire in May, 1995. This appointment will fill the unexpired term of Loyd Eubanks. Section 4. This resolution shall become effective after its passage and adoption by the City Council. PASSED AND APPROVED THIS THE 6TH DAY OF DECEMBER, 1994. Mayor Gary Fickes ATTEST: Sandra L. LeGrand — — City Secretary City of Southlake,Texas TO: MEMORANDUM November 10, 1994 /_/ _ Curtis Hawk, City Manager FROM: Sandra L. LeGrand, City Secretary CITY MANAGER SUBJECT: Resolution No.94-59 Appointment of Vice-Chair of Board of Adjustments. Resolution No. 94-59 allows for the appointment of a Vice-Chair of the Board of Adjustments. According to the Zoning Ordinance No. 480, Section 44.1, the appointment of vice-chair is to be made by the City Council. I have attached a roster of the Board of Adjustments for your review and consideration in making the appointment. sl lilts '/� rl City of Southlake,Texas RESOLUTION NO. 94-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS,APPOINTING A VICE-CHAIRMAN OF THE ZONING BOARD OF ADJUSTMENTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake has a Zoning Board of Adjustments as stated in the City Home Rule Charter, Chapter XI, Section 11.02; and, WHEREAS, the Zoning Ordinance No. 480, Section 44.1 calls for a five (5) member board with two (2) alternate members; and, WHEREAS, in the Zoning Ordinance No. 480, Section 44.1 also allows for the appointment of a chairman and vice-chairman to be made by the City Council; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All the findings in the preamble are found to be true and correct and the City Council does hereby incorporate said findings into the body of this resolution as if copied in its entirety. Section 2. Under this Resolution, the following appointment of Vice-Chairman is hereby made by the City Council. Section 3. This Resolution shall become effective after its passage and adoption by the City Council. PASSED AND APPROVED THIS THE 15TH DAY OF NOVEMBER, 1994. CITY OF SOUTHLAKE, TEXAS BY: Mayor Gary Fickes ATTEST: Sandra L. LeGrand City Secretary %kw' 72- -3 City of Southlake,Texas MEMORANDUM December 2, 1994 TO: Curtis E. Hawk, City Manager FROM: Kim McAdams, Park Project Manager SUBJECT: Consider Change Order #1 for Bicentennial Park Drainage Councilman Farrier asked at the last Council Meeting on November 15, if this change order included a cost reduction for excavation work bid on the section of the channel which the depth is now decreased from 4 foot to 3 foot at the Bicentennial Park Expansion Project. The simple answer to this question is no, the change order does not include any credits for the excavation work. When JT Dunkin was negotiating the change order with the contractor, they discovered a discrepancy on the plans for the drainage channel. The contractor says he estimated the excavation bid on the site grading plans which shows the channel on Ralph Evans property to be 3 foot, as now requested. The contractor did not bid off of the intended drainage plan details of Cheatham and Associates which show the channel at 4 foot depth. Attached is a letter from JT Dunkin explaining the details of the costs included and not included in the change order#1. The total cost of change order#1 includes only the additional pipe needed to make the outfall on the City's section of the channel. Staff recommends approval of Change Order #1 as prepared by JT Dunkin and Associates. KAM enc: Letter from JT Dunkin dated 11/22/94 and Change Order Number One /©f J. T. Dunkin & Associates, Inc. Urban Planning and Landscape Architecture November 22, 1994 Kim McAdams, Park Project Manager Parks & Recreation Department City of Southiake 667 North Carroll Avenue Southlake, Texas 76092 Re: Change Order #1 - Bicentennial Park Expansion, Phase I Lie Dear Kim: Change Order#1 covers the reduction of the proposed drainage channel depth from four feet (4') to three feet (3') for an approximate 1,150 linear feet northward from Mr. Evans' southern property line and the realignment and extension of storm sewer line"C"to tie into the four-foot deep drainage channel south of Mr. Evans' property. The change order amount of$10,080 reflects the cost of an additional 252 linear feet of 30" R.C.P. storm sewer at forty dollars ($40) per linear foot (the unit cost established by the contract). This additional length was the distance necessary to tie into•the:four-foot deep channel. The City was not credited with a cost savings for the apparent reduced excavation for several reasons. The most notable reason being that there are some differences in the channel depth and gradient between J. T. Dunkin & Associates' site grading plan (Sheet SG-1) and Cheatham and Associates' drainage channel plans (Sheets D-3 and D-4). The overall effect of the differences is that on the site grading plan the channel averages one-foot shallower than on the drainage channel plans. The excavation subcontractor has indicated to the general contractor that the site grading plan contours were used for preparation of the original bid. Therefore, the bid amount reflects a three-foot deep channel. L 9876 Plano Road Dallas, Texas 75238 214-553-5778 Page 2 t reduction on the reduced The remaining factors contributing to the decision not to pressure uprice nscluded in the contract and excavation while minor in extent could have negated caused additional cost increases associated with change order #1. First, more than fifty percent ent of Line "C" uires t RCP (50%) (in excess of 200 LF.) of the new alignmwhat more difficult, and econdethe placement o concrete pipe) be laid on a curve which is some increased fill materials on Field #7 necessitated the lengthening of the drop inlet by approximately one and a half (11h) feet. The contractor has indicated he is willing to forego charging for these items. If further explanation is desired or necessary, please call. Sincerely, ' r Akk I/� (f/ // Loy Bob Stoffels, ASLA xc: Eddie Cheatham Greg Last L /D,93 CHANGE OWNER 0 ARCHITECT 0 ORDER CONTRACTOR 0 FIELD ❑ AIA DOCUMENT G701 OTHER 0 1 Bicentennial Park Expansion, Phase I CHANGE ORDER NUMBER: One PROJECT: 450 W. Southlake Blvd. (name, address) Southlake, Texas 76092 DATE: November 15, 1994 TO CONTRACTOR: Dean Construction Company ARCHITECT'S PROJECT NO: (name, address) P.O. Box 70 CONTRACT DATE: October 17, 1994 Argyle, Texas 76226 CONTRACT FOR: Site Development Construction Bicentennial Park Expansion, Phase I The Contract is changed as follows: Construction: Storm Sewer and Drainage Channel Line "C" (112.67 L.F. of Class III RCP) shall be relocated and extended a total of 252 L.F. @ $40/L.F. Channel depth shall be reduced 5+88 to top of channel. Make adjustments $ 10,080 in grades at field 117. (L., Not valid until signed by the Owner, Architect and Contractor. The original(Contract Sum)(QVANIU tiXAllltitIMIff XKi was 8 1,843,000 Net change by previously authorized Change Orders $ The(Contract Sum)(( IINCOXI f Itlaie t)prior to this Change Order was f 1,843,000 The(Contract Sum)(KOi;3 9LSK cl MINXiK Q will be(increased)( B it d) (itandatld)by this Change Order in the amount of $ 10,080 The new(Contract Sum)(CXXxiMeIat4DLIMDINtIfi))including this Change Order will be $ 1,853,080 The Contract Time will be(i>3idfiraXardfZ'd s (unchanged)by ( )days. The date of Substantial Completion as of the date of this Change Order therefore is NOTE: This summary does not reflect changes In the Contract Sum,Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive. J. T. Dunkin & Associates, Inc. Dean Construction Company City of Southlake ARCHITECT CONTRACTOR OWNER 9876 Plano Road P.O. Box 70 667 North Carroll Avenue Address Address Address Dallas x s 7 3 ArRyle exas 762 Southlake, Texas 76092 4tDATE BY BY BY DATE O//G ' DATE AIA DOCUMENT 0701 • CHANGE ORDER • 1987 EDITION • AIA• • ©1987 • THE G701-1987 AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W., WASHINGTON, D.C. 20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution. /� . City of Southlake,Texas MEMORANDUM November 10, 1994 TO: Curtis E. Hawk, City Manager FROM: Kim McAdams, Park Project Manager SUBJECT: Consider Change Order #1 for Bicentennial Park Excavation work has started on the Bicentennial Park Expansion Project. Ralph Evans has requested that the depth of the channel on his property be decreased from 4 foot to 3 foot. To allow for proper drainage of the ballfields and parking lots into the channel, the outfall pipes lengths need to be extended to the 4 foot deep channel on the City property. The additional cost is due to the additional pipe needed to make the outfall on the City's section of the channel. We have unit costs for additional pipe. JT Dunkin and Associates are preparing the change order for the Council meeting and SPDC meeting on November 15. KAM C City of Southlake,Texas (11, MEMORANDUM November 11, 1994 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Requested Variance to Sign Ordinance for Wal-Mart 200 North Kimball Avenue Adams Engineering has requested these variances to the Sign Ordinance for the Wal-Mart store located at 200 North Kimball Avenue. The total signage request is for two pole signs, one monument sign and wall signage on the front and rear elevations of the building. The request has been modified based upon Council discussion on November 1, 1994. The following variances have been requested. (Note: original request in [brackets]) 1. Section 15-A - This section limits wall signage to 100 square feet of area and 24-inch letter height. • Front elevation - Request is for 490.62 square feet. [368 square feet] with 30-inch and 60-inch [36-inch] letters. (Note: Wal-Mart intended to have 60-inch letters for the "Wal-Mart" sign. On their application, it stated 5' - 0" overall height; however, on the detail drawings they showed 36-inch letters.) The request states that "the front of the building sets off the right-of-way (R.O.W.) approximately 525'(ft). The face of the building is 28'(ft) tall by 437'(ft) long. The massive building front and the distance off the road dictates this size (signs) to maintain a proportional appearance." An architectural drawing to scale is attached to show the signage. • Rear elevation - Section 15-A allows "one attached sign per street frontage," applicant is requesting attached signage on rear elevation facing west which does not have any street frontage. Applicant requests that the letters be a maximum of 30 inches, and the logo (Quaker State) be 5-feet, 8-3/4 inches both exceeding the ordinances maximum letters/logo height of 24 inches. They are also requesting that total signage area be 121.36 square feet exceeding the maximum of 100 square feet • North side elevation - The applicant is requesting no attached signage on the north or south side elevation. 2. Section 15-B - This section limits monument signs to 50 square feet in area and 6 feet in height. The request sign is 80 square feet in area and 7 feet, 5 inches in overall height. The request states "a monument sign adhering to the sign ordinance would be fir► disproportionately small." They further state they are asking for this sign in lieu of the le 6-1 Curtis E. Hawk, City Manager Sign Variance for Wal-Mart November 11, 1994 Page 2. 100 square feet, 20-foot high pole sign that the sign ordinance presently allows on. Southlake Blvd. 3. Section 15-C - This section limits pole signs to 100 square feet in area and 20 feet in height. The request is for a pole sign at the northeast corner of the site to be 20 feet [30 feet] in height on a brick pedestal and 110 square feet in area. The applicant's reason for the variance is "The location of the site is over a mile away form the established retail area of the market. Therefore, significant signage is critical to the success of the project." Council will note the location of this sign is in the future R.O.W for S.H. 114. A condition for any sign in this location could be that upon the acquisition of the R.O.W that the sign be removed and cannot be replaced, or replaced with an appropriate sign meeting the requirements of the Sign Ordinance in effect at that date. coo, The second pole sign, located just north of the building at the north entrance, does meet the current sign ordinance and will have a brick pedestal. Public Works staff would suggest that: 1. An increase in the store front signage, from 100 square feet to some figure (490.62 square feet is requested) may be appropriate because of the distance the building is from the streets and the size of the building; 2. The monument sign on Southlake Blvd. is in keeping with the proposed sign ordinance. The size Council decides upon will set a precedent for like commercial along Southlake Blvd.; 3. The pole sign on S.H. 114 at N. Kimball is larger by 10% than the allowable of 100 square feet, otherwise, it meets the height requirements and will have a brick pedestal; 4. The attached signage on the rear elevation is not allowed in the sign ordinance because there is no street frontage and will not be seen from the S.H. 114 because of the trees on the adjacent field. BW/sm Attachments wpfiles\memos\walmart , • (lisse - wa. . U 1 I ' . — ..-_.-------- _ • - - - • • ---... .-._t•-_ _____----- . • _____ ___.-- „, .,,,, EJZI ..........-- I . /-- 1 • ..;,------ •t_f_L_____ ______—r--k::: ...-''''... ..il ;e ✓• i LL 4 * 4/ . • •iitler.- \ i tis!-•P r.....17 :::; •7.5.. 4 *2 4..•4,c7... . ,i I - i , 1.. • ••i .;;.'; i i 0 /a •,•''' 5!.:iiii 1 • . i• 1 iii r 1 _1.1, vi. i i •_), __. I , V r:). ,i, js ti k ,', 11 71 4 1 1- i 1) t 1) j 'fft. !! '1 ! i I. ; .') P i i i : Lig i I t I 1. ( l',. I i - in 1 - \ i . , •I ) 0 s , i 1 II _ i i 1 !ti 1: 74 1 '111 . •I --',., . '. :• 13_ ' 1'il , el ••• I! :1:: . I .0 . 1 i1-: t=r --, 1 !4 ,. h raiz -1 •, I_ :* : I! i 1 = 1 a = i! E---'--- a ._--I - - - ... • • . .....-- - ,. 1. - , L. 1 i A., ii,, ..._ , ......., ..4.-:;°1; s • . .100`1fr• —-7'--'in.! "I ...1"alt . )4 -'1.--- -I :1 i g•-..,. Mr-T,: 11==q4. -Ima_.- •1-- --- - . ... Aill\111; -IT. • E 1...- f: 1]""'"'''' ,. •fr..1\,„4• .., No.1111M1• ' . N__ • 17- 11 -__I : i ,-,-: • . , Imo , —.! N P2 • ''‘I - \,N'.1 r 1 I 1 I r .I di 11 1 Milit --'01I I fog 1., "Till ,,i:si..fli•,filliA.i:%.1:14.X1:NI ' • ' I , c•c: i i! :1 , i . -c 3 ; i jilll .. ..... N\ : • I ii 2 '21 1 • 1.11 - b\71 i-:.:.;.;.;,..: ::.;.:...:71.61'i;.•: oi ..:11-.ii i I .• •-•.t.t„.,...„-f;;.,.;:ii...,i.z...,..4,:,,: ..,1 - --_-1..----- prerialf,-,-Ali,i .. I ! I: - '• , .4:.::*:-.--.:?*i.ii•:::;•m:?...:..;-:::.:-:::7:7..::.1 1416 1 '. .•c• . ;;;*:::::::::::: ::.::•::::-:::::-:::::::!::.:.i...-...i,.. • % .1 6, 4 - 1 i• MM.-. ------ V--e'' - 1\tr•-::- 1....,:, .4.• • •--41- ' • : i.....:.; ......_ . 1 • -,. .... I --1-1 ...: .: •-•/"---"*. -4--------,-1----•—-4,------.,-,%:,-;:„...........:L. . • ' • .1-_________-__—_____ I-- --------------------' ' --- ------------- --5—* ..... 1 1 --il -—------—------------7---.:.:- -.7=.:------------: .----17_'-,-,,-_,-,-„ _ .. — .- i .1 1 ' / i ti t, . 41 • 1 , 1 ill f i iiii: y1 ! ,1 imil 1:1 . • i -z- ,P I !!!8 ;Il I 111 1111 'Nj) •• L.: / i ! 1111111 ;11i 1; U 1;01 ;11 i •Iltill i I 11.Iii4 I/1 f g .,..1,0[0 !. f I • • • i 1 1 i ; # HI• 111111 INII 1 1 8 n, , :1 11 I •i - ::=3‘........_ i • Iii . .. •.. /0-/3 1 . . . •----, - k.,-:-. ... (6,„ ADAMS CONSULTING ENGINEERS, IN CIVIL/ENVIRONMENTAL ENGINEERS • SURVEYP••:� SIGNAGE SUMMAR FRONT ELEVATION: Wal-Mart 37'-8" 5'-0" = 188.33 s.f. Satisfaction Guaranteed 48'-7" x 2'-6" — s.f. We Sell For Less 34'-10" x 2'-6" Tire & Lube Express (22'-0" x 2'-6") + (15'-6" x 2'-6") = 93.75 s.e. TOTAL = 490.62s.f. REAR ELEVATION: Quaker State 7'-8 3/4" x 5'-8 3/4" = 44.28 s.f. Wal-Mart 8'-10 13/16" x 1'-3" = 11.13 s.f. Tire & Lube 15'-0" x 1'9" = 26.25 s.f. Express 15'-10 9/16" x 2'-6" = 39.70 s.f. TOTAL = 121.36s.f. POLE SIGNS: Wal-Mart 20'-0" x 5'-5" (20' tall) = 110 s.f. Quaker State 8'-0" x 4'-0" (20' tall) lo 6320 Copeland Road • P.O. Box 131555 ■Tyler, Texas 75713 ■ (903) 561-8919 • FAX (903) 561-3287 tfr ter.. II w • r uchwk APPLICATION FOR SIGN PERMIT • (Dr City of Southlake • DATE ADDRESS•4F PROJECT 200 N. KIMIBALL AVE. , SOUTHLAKE, TX_ 76097 TENANT WAL-MART STORES, INC. PHONE NO. 501/273-4000 SIGN COMPANY WAL-MART SIGN SHOP PHONE NO. 501/277-6466 .ADDRESS 701 S. WALTON BLVD. / BENTONVILLE, AR /72716 address city zip • ILLUMINATED? (YES) NO (circle) ELECTRICAL CONTRACTOR ELSwouTH _- PRONE 1-800-725-2967 TYPE OF SIGN Permanent Temporary Dimensions ATTACHED BANNER KE IC-HT POLE BALLOON WIDTH (ire X MONU ENT MODEL HOME 80:- S.F. AREA OTHER SPECIAL PURPOSE DESCRIPTION MONUMENT SIGN OVERALL HEIGHT (attached, pole, monument) 7 - 5 ; • SETBACK(S) FROM R.O.W. 10' DOCUMENTS ATTACHED: X Plot Plan X Sign Drawing Letter From Property Owner x Electrician Registration • • • •'SIGNATURE. OR. APPLICANT ** ************************************************************** APPLICATION APPROVED BY: DATE: PERMIT FEE COMMENTS • 10 3 S OCT-2E,1994 10:2E, FROM ADAMS CONSULTING ENGINEER TO 18174085097 P.02 C7ity of 3out041 Ka Texas - • SIGN ORDINANCE REQUEST rOR VARIA • • CASE NO.: FEE: $100.00 Nimes wAL-TART STORES., INC. • Armless.: 701 S. WALTON BLVD., PENTONVTT T.F., AR 72716 • PUO E; . 501-273-4000 • XAGfTiON OY APPLICATION: (addressflegal description) VARIANCE200 N. .AVE- p �1s� rb� • �y��r�a Yr� REQUESTED: RED T 80 �_F_• FOR WANT ' .ST +3- '-'aTIP 7J_�I in `L7fr FOR MONUMENT SIGN . • PRASE 'DEMONSTRATE THAT THE FOLLOWING CONDITIONS ARE APPLICABLE TO ' THE REQUESTED VARIANCE: • • 1. That a literal enforcement of the sign rOgulations will • create an unnecessary hardship or practical difficulty on the applicant. • WA -MART HAS CH )SEMI TO PLACE A MO 7MR'ntr S,TMI AT_ ; F'N N ANC'F ON F.M. 1709 IN LIEU OF THE POLE SIGN AT THE IN ERSEI:TION OF KIMBALL AND F.M. 1709. -HOWEVER, IT IS IMPORTANT THAT THIS SIGN BE VISIBLE FROM BY1'H THE FAST & WEST DIRECTIONS OF F.M. 1709. 2. That the situation causing the unnecessiiry hardship or practical. difficulty is unique to the affected property and is not Self-imposed. DUE TO THE SIZE OF THE WAL-MART STOREL A MONUMENT SIGN ADHERING TO THE SIGN ORDINANCE WOULD APPEAR DISPROPORTIONATELY. SMALL* (mor i OCT-26-1994 10:27 FROM ADAMS CONSULTING ENGINEER TO 18174885097 P.03 VARIANCE TO SIGN ORD. • PAW Tim • Lie. .. s 1 3. That the variance will not injure and. 1411. be wholly compatible with the use and peretitted developed of adjacent properties. • PROPOSED moNumwr SIGN WILL L B 'AN ATTRACTIVE'B2K2c,IT SIGN - • WHICH '1e.HES THE ARCH TECTURAL STYLE OF THE WAIT-MART SIOREr V--- - 4. That the granting of the variance will be in hai onY with • the spirit and purpose of the sign ordis ce. • THE SIGN ORDINANCE CURRENTLY WOULD ALLOW WAL-1 $ ROLE qinni.• nT • INMRSDC1!ION OF EIMB7 LL & L WY. 114 AIM LION OF-KIMBAT L & F.M. 1709. -MARTIS GIVING UP THE POLE SIGN AT.CIER OF FtM • 1709 IN'PLACE OF A MONUMENT SIGN AT THE ENIRANCE ON F.M. 1704. WAL-MART FEELS A MONUMENT SIGN WOULD BE'MORE APPEALING TO TEE CITY OF Ste. - • • SIGN TURF: • DATE: - • • • • Le • TOTAL P.!6 • /0 - TOTAL P.03 • r • o Uai i `` - APPLICATION FOR SIGN PERMIT • -��•Ipk}' City of Southiake DATE ADDRESS•OF PROJECT 200 N. KIMBALL AVE. , SOUTHLAKF, TX 76092 TENANT WAIT-MART STORES, INC- PHONE NO. _ 072.juw SIGN COMPANY WAL-MART SIGN SHOP PHONE NO. 501 /277-6466 ADDRESS 701 S. WALTON BLVD. I RFAITONVTTT.F AR / i,.72716 address city zip • ILLUMINATED? ® NO (circle) ELECTRICAL CONTRACTOR ELSWORTH PHONE 1—RnQ-775-7A67 TYPE OF SIGN Permanent Temporary Dimensions XATTACHED BANNER HEIGHT POLE BALLOON WIDTH MONUMENT MODEL HOME 500 Sq. Ft. AREA OTHER SPECIAL PURPOSE DESCRIPTION ATTACHED SIGNS TO FROND.FACE OF BUILDING OVERALL HEIGHT (attached, pole, monument) y - n° SETBACK(S) FROM R.O.W. 525 DOCUMENTS ATTACHED: Plot Plan X Sign Drawing Letter From Property Owner TElectrician Registration SIGNATURE OE. APPLICANT ***************************************************************** APPLICATION APPROVED BY: DATE: PERMIT EBE COMMENTS . /U6 - 9 • lary 14c1nv, , (14mr SIGN ORDINANCE REQUEST FOR VARIANCE CASE NO. : FEE:. S100.O0 NAME: WAL-jIBRT S,TORFS, ADDRESS: 701 S. WALTON BLVD., BENTONVILLE, AR 72716 PHONE: 501/273-4000 LOCATION OF APPLICATION: (address/legal description) inn nT KTMP. T.T. w« , gnnmuTJ T<P, Tv 76092 VARIANCE REQUESTED: REQUEST VARIANCE TO ALLOW TXPICAL ATTACHED WAL-MART SIGNAGE ON FRONT FACE OF BUILDING. OVERALL LENGTI -OF FRQNT FCE- jS 437 ET. PLEASE DEMONSTRATE THAT THE FOLLOWING CONDITIONS ARE APPLICABLE TO THE REQUESTED VARIANCE: likr y 1. That a literal enforcement of the sign regulations will create an unnecessary hardship or practical difficulty on the applicant. SIGNAGE irku FOR FRONT FACT. T� TYEI .AT,_ SIGNAGE SEEN ON ALL WAL-MART STORES. 2. That the situation causing the unnecessary yhardship or practical difficulty is unique to the affected property and is not self-imposed. SAME AS ABOVE THE FRONT OF THE BUILDING SE Ts OFF THE R.O.W. APPROX. 525' . THE FACE OF THE BI1TLDTNG Ts 2 ' LONG. THE MASSIVE BUILDING FRONT AND THE DISTANCE OFF THE ROAD DICTAT1 THIS SIZE TO MAINTAIN A PROPORTIONAL APPEARANCE. L City of Souttitake,•i 8X2S . VARIANCE TO SIGH ORD. CASE NO. PAGE TWO (4re 3. . That the variance will not injure and will be wholly • compatible with the use and permitted development, of adjacent properties. • THIS PROPERTY HAS TWO MAJOR HIGHWAYS ON EACH STDE AND A �TTV STREET IN FRONT WHICH IS OVER 500' FROM THE FACE OF BUILDING. THE PROPERTY TO THE WEST IS PASTURE LAND. 4. That the granting of the variance will be in hazmony with • the spirit and purpose of the sign ordinance. GRANTING OF THIS VARIANCE WILL ALLOW WAL-MART TO DRESS UP THE FACE OF THR BU LDING SO THAT TH1:12R TS N YP A (,ATTTP IIT.ANK.‘1111110/ !TALL • SIGNATURE: • - DATE: . • • • TOTAL-P.05 /0 6 - a vc nm . � N O O -P O D n m F r- N O CO 0 NOIIVA313 301S ------ -------- -_ __m Nil I MI-11 I _1111H NOIIVA313 HV38 NOIIVA313 MIS NOUVA313 1NO83 Mflr1 • al VSMJJO 10 MlA11 nd N9IS 'JNIQ'1IRB .U—. W131M13313 S.M01OM#= IWWWA0 AY 0311r1SN1 0w 031lddli XDGWIL7f1" .01.1 'M3llY1SM1 MIS Ai 03x7M3 ONN muu&0 Owes 'M31131 MI 031lddM ONTI .S IMF= XTU AIE ." MIS AM" -WA AS 0)41M1U 1SYTWO 1MIl IN33SA flld 10NIMII1 0MMI13 Tfl IDful 0MIM111 N11NIIf1w M 031NnDK 8NI0fLI 1N33GAM'U MIIrJII '0N1M 3 HNS 'MI'W O90' 0310= IONY aw I101d WiMM Ow SHOO V3W 693111WIS .SIC IA '0070 01 03NOr11I MIS IIOM"IMW 'NOIS LD 'O'0 .0•.. f SOIIli lvllw r■2 f31SA5 IIAAM 33fd MIS OA#AU OI'WOr 311M NM13M MOlCM1)3 iviO111 '1fYW 031NIYd WVOW MIS 'Wrw ILD' O31NIrd 'M31131 7w 4 d01 x'lnq W 131MOTU SAIDOWMIM07 lVd3N30 AS 031111SM1 ONV 031-M" xO"I101ri' .1•.* -h-M1SN1 MIS AD 03M nYJ 0Nv manow11 030mis 'M31131 MI 031'bd% 0NOl ,S 11M100 x3ld .SIC dDNS NM 1M.W-'WA AO 03NSINWrU 1SYl'WS 1MIl M33931"ll ISNIMIA 0390MM3 llYl )ONMI SNIMIA Wwibinw M O31WO. SM19111 IN33SkM )J UO- r 3A33'X .. x .211 Twx 01 UN SNOISN3WIO ONIOUS V nnoNm 111 A'TIYN831NI 3Hv Sd3113l 1Vf10I A I ON I : 31ON 33yd MIS 0BWAU 31-ALOV 3111M Nlfll3l MIC1MU13 1:1311 'M'W 031NIVd wu3M M'JIS 'MnIY il0' MINIVd Ms l'M INYlI35 �`J V ►J V ��VVY V Y�_ 39dN9IS 081 so= M m m W 7TgC Dl lW SNOISN3WI0 9NI0ddS 'A313 1NON3 081 SS3Udx3--' Sam v 3ai1= '11QZH 3d • �6 MOLD" rwi.w - Tars ai is ^ .m SNOISN3WI0 SMUG 'A3'13 '90-M t s�'JIV -C al 3a`�x3 ""'a'um z 39YN9IS 081 smug or 3 N E:.L VY tit p4i-71 yi ,b. Ps m S3811 u os-c . Vol mlflic cG ESS31184X3 3 S n t -.t Srot sous w S831131 3I1Shcd 1Nn Of11S wn103{WII1 V3I1�3A13W m m 6831131 3I1Shcd 031Nnow Of11S wnI03W d3I13A13H add SNOIS llv a�dx3 n"i �� a�i I MIUMS O m91AM I W UVH* UVha 39VNSIS 1NOUaHO1S 19 O3U31NM TWA NMIs 1 'i3A3if111y��ltll3ilp N}>t u31O30 NO ci 6 J.,nO N0(19rdsilre e WOU 11011 dOl 3N! Ol W='M ON 38 IBM WNIOd 1000 :O MU N31101 *U :31ON *SDJM 33'OPM IONI 21-12 ONIsN OMl1 N3N1 CI H0400 3N1 .SU31131 *hWI1N3NIO 0331NVWIrO NOIJOYd611Y5 31u N3Q MUM Mr ONIOINIO dD 01 NDd1 NAOO INIOf MAKIN 16914 NI M i1NIOd WONT A AOd dOl o.l ..ulc V NOI1VA313 1N08j v o v � 'N-��Jt1z�NJ lJ �11� 51J c� NDIIVA31B 1NOd4 DNIN3dO aNvdo .1•.l . .HI H3NNVB 9NIN3d0 ONVH9 ol;i + + + + +' + + + + + + -} +E)NIN3dO1+ , 03'nr1CNl6 �1 0 83NNYS 9NIN3dO ONVUE) d03 S1NIOd WHONV d0 M ose WWI M" AH V L U NhU U 39VN9IS INDUA38DIS '9NI1NIVd HOJ 318ISNOdS38 U01OV81NOO N9IS '13A31 AIIY3I183A 3HV S831l3l 3Hnsw 01 038In038 38 AVW N3018 A0 9NIddIH3 3WOS N3018 33Vd ljldS NO :31ON 3b0llls a 03n1d 310H 03n1110 .►It w1 crus 030Y3w1 .r x .611 031131 311SYld 03eOd .ill sonis 9r 6 TW= 01 sal NOI133S 39VN9IS .9-.2 ' I1ri 1u A& NOI133S 39VNSIS .0-.0 �-' 30V3.111dS NO Sd31131 30Vd H100WS NO SH31131 3DOf116 RLIA tl3nl3 3x" 031't1ua .►/t wl 001r 030YAH1 .rX.911 U31131 2116" 03w03 .9 It 3Q71'lls Hlh 031111 310H 0311110 .rlt wl 0f11r 030Y3wu .rx.all td31131 311SY1d 03a0d .Y11 lIAAHO 'dIIV3 NO 6831131 3401115 NIIR a3n13 3-01 03111tl0 .Fit wl t1rus 030Y3u11 .► All 1131131 0I1SY'ld 03Hmi .911 sous W 030In0u1 Hd311.d - sW 01 JIM 47 •p'se SNOISN3WI0 9NIOVdS SNOI1VA313 Miming NO .033lNV8Vn9 N0113V.3SIIVS. S831131 311SV1d 1NnDw d0 1331 3H1 01 031N3180 38 Ol lows WnI03W V0I13A13H SAVMIV SI .SS31 HOd 1136 3M. :310N -3AA stst3jil 13 .0 .0 .2 .0-.2 .0 .[ .6-.1 ,C - 4 -i-4 44 01-.►C 6831131 311SV1d 1NnOW OniS WnI03W V3I13A13H taus Sit 03OIAMM wd311M - IMOC 01 am • Wirt SNOISN3WI0 9NIOUS r �cr-per-i ,-+ u• u. . . . -- • _ _ City of Southiako,Texas(Nire _ SIG;: ORDINANCE REQUEST FOR VARIANCE • CASE NO. : ISSINOMNIO ;NAME: WAL-rMART STORES. TNC. ADDRESS: 7n1 S_ WAT.TON RTVn R nnn�TTFr AQ 7271 PRONE: 501/273-4000 LOCATION OF APPLICATION: (address/legal description) 200 N. KIMBALL AVE. , SOUTHLAKE, TX 76097 po' (10alf,) VARIANCE REQUESTED: RE) VEST VARIANCE FOR,?(''SIGN 0 CORNER OF KI4BAi•T. & 114 PLEASE DEMONSTRATE THAT THE FOLLOWING CONDITIONS ARE APPLICABLE TO (No, THE REQUESTED VARIANCE: 1. That a literal enforcement of the sign regulations will create an unnecessary hardship or practical difficulty on the applicant. THE LOCATION OF THE SITE IS OVER A MILE AWAY FROM THE ESTABLISHED �FTAII AREA nF THF' MARKFT THFREF RT , ST TFT('ANT STCTJA(;F TS 2. That the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self-imposed. SAME AS AROVE IT Ts CRTTIC$L TO COMPETE WITH RFTAILFRS pa A MORE FSTART.TSHFD RFTATT. AREA_ (T F. MnPF. SpT.F3 I :► Olt SAT.FS TAX. ) L /o . 6 Giy,of Souttititke,Texas VARIANCE TO SIGN ORD. CASE NO. PAGE TWO (111we 3. . That the variance will not injure and will be wholly - compatible with the use and permitted development. of adjacent properties. WITH THE EXCEPTION FOR OVERALL HEIGHT, THE SiQi WILL CompT,Y WITH THE SIGN ORDINANCE. 4. That the granting of the variance will be in harmony with the spirit and purpose of the sign ordinance. THE SIGN WILL BE A'i�1'�?Ar'I'T ARMS WITH LIGHTS ) TO IMPROVE ITS APPEAL . SIOIATURE DATE: L. TOTAL P.05. /0 bit Old 5)5 n WAL*MART WE SELL FOR LESS PHARMACY r ^-rya *u,""'�;, !,„„ x y €-: 'mac w = , Via,. 6 - � .' •.. - ir to B f IOW 'Ptithi APPLICATION FOR SIGN PERMIT (Or - f.. City of Southiake • DATE ADDRESS•OF PROJECT 200 N. KIMBALL AVE. , SOUTHLAKE, TX 76092 TENANT WAL-MART STORES, INC. PRONE NO. 501/273-4000 SIN COMPANY WAi-MART STGN SHOP PHONE NO. 5011277-6466 JWDRESS 701 S. WALTON BLVD. / BENTONVILLE , AR /72716 . address city zip • ILLUMINATED? 67iD NO (circle) (BACKLIT) . ELECTRICAL CONTRACTOR yr SWGRTH PHONE 1-800-725-2967 TYPE OF SIGN Permanent Temporary. Dimensions ATTACHED BANNER 5' 5" HEIGHT x POLE BALLOON 20' WIDTH Coe MONUMENT MODEL HOME 110 SF. AREA DER SPECIAL PURPOSE DESCRIPTION WAL-MART POLE SIGN @ .INTERSECTION OF KIMBALL & HWY. 114 OVERALL HEIGaT (attached, pole, monument) _20' SETBACC(S) FROM R.O.W. 20' DOCIDIENTS ATTACHED: X Plot Plan X Sign Drawing Letter From Property Owner xx Electrician Registration •'SIGNATURE. OF. APPLICANT — ****************************************tiff********************* APPLICATION APPROVED BY: DATE: PERMIT FEE COMMENTS • • . . /D B- /9 • vc nm . � N O O -P O D n m F r- N O CO 0 3 I City of Southiake,Texas MEMORANDUM November 9, 1994 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Request for Variance to Sign Ordinance for Nations Bank in Albertsons at 2201 W. Southlake Blvd. Nations Bank a tenant within the Albertsons store has applied for a sign to be added to the Albertsons store front. On July 5, 1994, the City Council granted a variance to Albertsons permitting 30-inch and 60-inch letters with a total sign area of 169 square feet. The approved signs of "Food" and "Pharmacy" are with 30-inch letters (see Approved Signs for Albertsons). Nations Bank is requesting the same size letters of 30 inches totaling additional 49 square feet in area for the store front. The applicant states, that "The Albertsons' building is a large facility. The addition of 'Nation Bank' letters will not create an overuse or misuse of appropriate building graphics." Mr. Joe Bob Isbell from Nations Bank and representative of Albertsons will be present at the November 15, 1994 Council Meeting to answer questions. Please place this on the agenda for Council consideration. BW/sm Attachments: Memo from Paul Ward Request for Variance gpfiles\memos\natb nk.var City of Southlake,Texas MEMORANDUM November 4, 1994 TO: Bob Whitehead, P. E. Director Public Works FROM: Paul Ward, Building Offical SUBJECT: Request for Variance to Sign Ordinance for NationsBank in Albertsons at 2201 W. Southlake Blvd. Chandler Sign Company has applied on behalf of NationsBank, a tenant within the Albertsons store. The request is for an additional sign "NationsBank" with 30 inch high letters totaling 49 square feet in area. On July 5, 1994, the City Council granted a variance to Albertsons permitting 30 inch and 60 inch letters with total sign area of 169 square feet. The sign ordinance limits sign area to 100 square feet and 24 inch letter height. Mr. Joe Bob Isbell from NationsBank and a representative from Albertsons will be present at the November 15th City Council Meeting to answer questions. PW: do L /de-g GV-1- 1 14•-+( r nun k..L i i ur juU I rILHKt TU 12149022044 P.02 City-of:Southlake,Texas . I ‘'h , . " . SIGN ORDINANCE REQUEST FOR VARIANCE CASE NO. : FEE:. $100.00 . NAME: NationsBank ADDRESS: 400 S. Zang Blvd. . Dallas. SX 757R1 PHONE: •(Z14)948-2220 LOCATION OF APPLICATION: (address/legal description) 2101 SouthLake Blvd Snuthl kP VARIANCE REQUESTED: To allow additional square foptAga of cig nn rJ,P affected building for "NationsBank" sign. --- - PLEASE DEMONSTRATE THAT THE FOLLOWING CONDITIONS ARE APPLICABLE TO THE REQUESTED VARIANCE: 1 . That a literal enforcement of the sign regulations will create an unnecessary hardship or practical difficulty on the applicant. Allowable square footage for "A bertson" signer nr rt,;c building Leaves no available square footage for the "NationsBank" signage - 2 . That the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self-imposed. Albertsons has a standard sign package requiring them to use allowable foota:e. Ull=�b-1yy4 14;48 r-Furl u1IY ur SUUFHLHKE TO 12149022044 P.03 r City of Southlake,Texas VARIANCE TO SIGN ORD. CASE NO. PAGE TWO 3. That the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties. The Albertson building is a large facility_ The addi nn of "NationsBank" letters Wj 11 not rrpjtP an nvar„oc ,r mi circa of appropriate building ErUhirs_ 4. That the granting of the variance will be in harmony with the spirit and purpose of the sign ordinance. With the spirit and purse to allow busine s to identify themselves withinthe City. Harmpny is well meintainari SIGNATURE: (?) V. DATE: 1v- 27-q4 'r__________________ /�C- OGT-26-1994 14:48 FROM CITY OF SOUTHLRKE r TO 12149022044 P.04 .—Apt--. I:7A'L �,!V AFPT,=CATION FOR SIGN PERMIT Lhlatc. CITY OF saOUTHLAIth' p nATE —W-(t.glg44 ADDRESS OF PROJECT _.., t/ot 'js.,4 k Ia Cc� -. i (t .t- - PROPERTY OWNER K I''Gh 6 L..k ADDRESS _toD t•,. Zo.t 11104 Q 11.S, IRIS S TENANT 11/4(L1• 4(*du k PHONE No- 21 K Q tt g 222 o SIGN COMPANY at0.0, 1 I d-• Stalks,1.6: PHONE NO. W{ lot- toe e ADDRESS 1701 "tow- 1t) CITY bai get di ZIP 7___ ILLUMINATED? © NO (CIRCLE ONE) ELscTRxCAL CONTRACTOR. , `4i r.id L k(G Gf.r:' PHONE NO. (ATTACH ELECTRICAL PERMIT APPLICATION) el.. c1 �, TYPE OF SIG Ilire EggNANENT TEMPORARY DIMENSIONS ATTACHED BANNER . 2 •4•• HEIGHT POLE BALLOON 41er�N WIDTH MONUMENT MODEL HOME - � AREA OTHER SPECIAL PURPOSE DESCRIPTION (") 441.4tcL,d l ig04% „114 I n�' r"- . �i4A OVERALL HEIGHT (ATTACHED, POLE, MONUMENT) . 13.9 ti SETBACK(S) FROM R.O.W. _ - DOCUMENTS ATTACHED: PLOT PLAN - SHOW LOCATION OF SIGN ON PROPERTY AND ANY OTHER SIGNS ON PROPERTY SIGN DRAWING - SHOW SIGN SIZE, MESSAGE, AND STRUCTURAL DATA WHERE APPLICABLE LETTER FROM PROPERTY OWNER •- IF OTHER THAN APPLICANT • ELECTRICIAN REGISTRATION - IF LIGHTED SIGN . SUBMIT PLANS IN DUPLICATE (2 COPIES OF EACH SHEET) STCNATURE OF APPLICANT TOTAL P.04 /C 2-5 • iI I I _.,.••••.••••;- o = C to 'kl. ._ I ce s>.- I! re <c 0 =N '-"► a r ,a"G i ( O¢ icg L- H ' ICI 5 ' .I a 2 •w I _ I I C c .I •_ vtlV 7_ 023 II K I-u = VP ' NI I� ylO W^= vV - ■ i IP � I i / ` ' 441 I M r CIO^p •, iipti " a rt, .„. it All w S W Mr VHrfj z0 0 I jr o <� N \ quill' ��I <Wr{y V"---,tact toJ La•1V ? Jv • �WV1 I �LJI C j i ..,, . ____, . Wi _ v, o_ o N Z V7 - __ - -o F=- 7 0 CC i -_-_ I n s�aow I I --'— CC 0 O. 000 ta W~C� Z W -- I Qf Da I - d' 106.-- . . .b I ! _ I z<o.< L. iO I I __ .. 4.a .J •o< u t- — Ii .....__ _...._ _._ II _____ . ___._ I , , RUC ...-:-• - - - •- - \ . . ‘‘Nx\.\\\xitt\iNsNx\, \MIMS\ \ •I'S 00;'.2 `., . \ .szs\v-. \ I / T \ . IS V A \ • , / \ , \ . \ i < i .1:gy • \ • • ._.••••• f _ 444\\ .‘ . \ \ \ • .•,‘ \‘ . .. . V\ \ .... . . N ' '•: . cy..` . "..** ,, • '..‘A 1: 1\ / V\ •, • .- .. ,4%1 • . _.. .:. \ • - 4, 1 _.• . e-i.'" a \ •� te. b 6 1,..t. . . .. • \ . , \ . • f1;1 . . \* - ,//' ''''. . .. -... 0. . \‘.I.:.; ,,:.--.--;:'. .": . 4°,'\.i.l .. - .:: .7. . Q...\� ' - orc / -=r- it . kw- \E- -- • I'10$1) \ ., \ • I -Th -NI i. .. it :• I. -.. , :, ewe y . N�� 2 ( e 6 a'1 van 4 --- ' ,I-UVAlrros SItiV.a.. ;H SON:\ \V \ z ID \ a..b L • 8" URNS/ I I (iiippi . ES WI mg i.FILM .M MINATED 'PLIED ROUND ND SURFACE IATTE )N) ER- MINAT1ON HERS- 'AINT SECTION NTS l I I G CHANNEL LI (1) SET REQUIRED - Chandler I C611WIICIN MASTER CI FIL WCR<ORDER NWER DEIGN94-2597 Signs ELECTRICAL❑ Pt! - SERVICE ❑ PA g 5 5 pq� 10-26 94 3201 nna,avw,r $�s14-c(Q 10 CUSTOM o�� SSES KVG p 7 KENY Clots D(75235 FAX 214-9022044 ALUMINUM 0 NE REP 3231 Chery Rcige CE C301 2103493E04 CHNL LTR. 0 SC Scn Antr b T(78230 FAX 210349-8724 ASSEMBLY 0 AN Q City of Southlake,Texas MEMORANDUM December 2, 1994 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director, Department of Public Safety SUBJECT: Major Accident on Highway 114 and Dove Road On December 1, 1994 at approximately 1043 hours, we received a call of a major accident at the 600 W. Highway 114 and Dove Road intersection. Upon arrival we found an 18-wheeler had collided with a 1990 GMC mini-van. The initial investigation revealed that the 18-wheeler had apparently ran a red light while the mini-van was entering the intersection. The 18-wheeler was occupied by one male and the mini-van was occupied by one female with three small children. The impact was at the front driver's side quarter panel and inertia from the impact spun the van into at least one 360 degree circle throwing the driver out the rear of the van. There were two children restrained in car seats and they were relatively unhurt. A third child was found out of his car seat, unconscious against the rear van doors. The mother, Sharon Walters of 2816 Sutton Place, Southlake, was careflited to Harris in Ft. Worth and the child was flown to Cooks Children Hospital. Fire Services checked on both at Noon today and both are listed in extremely serious condition. Two Careflite helicopters were utilized, along with Grapevine and Trophy Club ambulances. We had a full complement of fire, police and EMS personnel dedicated to the scene. During the investigation we closed the eastbound lane of Highway 114 between Dove Road and White Chapel and routed traffic to the westbound lane. Police Services took over the investigation and remained on the scene for approximately three and a half hours. The tractor/trailer and its contents were impounded by our contract wrecker and the National Transportation Safety Board were called to assist in the investigation. We had the Department of Public Safety come in and weigh the truck and it was found to have a 5% overload permit and the truck was in excess of that permit. The National Transportation Safety Board has found numerous problems with the tractor and trailer, to include faulty breaks. We are conducting this investigation in a meticulous manner and will charge all responsible parties as the investigation reveals. I am available for any questions or comments that you might have. BC/mr �y � wp1Memo1114Dove.Acc _. Cityof Southiake3_ 3UtFiIa - FOR IMMEDIATE RELEASE November 30, 1994 Mayor: Gary Fickes Mayor Pro Tern: For More Information Jerry Farrier Shana Yelverton Councilmembers: 817-481-5581 x705 Michael Richarme W.Ralph Evans Stephen W.Apple Sr. Jon Michael Franks Andrew L.Wambsganss CITY FINALIZES PURCHASE OF PARK PROPERTY City Manager. IN WEST BEACH ADDITION Curtis E.Hawk The City of Southlake and the Southlake Parks Development Corporation(SPDC) Assistant City Manager. have acquired approximately 80 acres of roe in the West Beach Addition Shana K.Rice Q PP Y property rtY (70% of the platted lots), located north of S.H. 114 on White Chapel Boulevard City Sndra L.LeGrand and contiguous to U.S. Corps of Engineer property near Lake Grapevine. The property has been purchased for the development of soccer fields and other park uses. L., The City and the SPDC purchased the property with the proceeds of the half-cent sales tax, which voters approved in November 1993 for the purpose of developing a park system for the City. Purchase of property contiguous to Corps land was one of the projects identified to the voters as a potential use for the half-cent sales tax proceeds. "We are thrilled at the prospect of developing a park at this site," said Janet Murphy, member of the Southlake Parks Development Corporation and Chair of the Southlake Parks and Recreation Board. "A park will be an enhancement to this area of the city and is particularly exciting since it is adjacent to corps land." Specifics for the use of the property have not yet been determined, but will be agreed upon during a master planning process which will involve input from Southlake citizens (including SPIN), the Parks and Recreation Board, the SPDC and the Southlake City Council. 667 North Carroll Avenue . Southlake, Texas 76092 (817) 481-5581 . FAX (817) 488-6796 or Metro (817) 481-0036 AN EQUAL OPPORTUNITY EMPLOYER' + 1tje _ t .te 0 t �Ex . Statement of Appointed Officer 3 3 � 1 I, RICHARD "DICK" WALTKE do solemnly swear for affirm), that I have not directly or indirectly paid. offered. Promised to pay. contributed. or promised to contribute any money or thing of value. or promised any public office or employment. as a reward to secure mv3Rpointent or contirnpation thereof. so help me God. Affiant MEMBER BOARD OF ADJUSTMENTS Office Held and Gty/County City of Southlake , Tarrant County , Texas SWORN TO and subscribed before me by affiant on this 15th day of December . 19 94 �Kd �IEGR�i1D ignature of iron A( inistering Oath * NOTARY PUBLIC �� }* State of TexasSandra L. LeGrand fraw Comm.Exp. Printed Name Notary Public Title See Reverse Side for Itzstrudions _ »_...._.__»»_ �..... ...._ INSTRUCTIONS 1. The Secretary of State and all other appointed officers shall file the signed statment. . .with the Secretary of State before taking the Oath or Affirmation of office. . . [Texas Constitution, Article XVI, Section 1 (f) ) 2. All oaths, affidavits, or affirmations made within this State may be administered and a certificate of the fact given by: a. A judge, clerk, or commissioner of any court of record; b. A notary public; c. A justice of the peace or a clerk of a justice court; d. Any member of any board or commission created by the laws of this State, in matters pertaining to the duties thereof; e. The Secretary of State of Texas; f. An employee of the Secretary of State of Texas who has duties related to the reports required by Title 15, Election Code, in matters pertaining to those duties; • g. The Lieutenant Governor of Texas; h. The Speaker of the House of Representatives of Texas; and i. The Governor of Texas. [Tex.Rev.Civ.Stat.Ann., art. 26 (Vernon Supp. 1990)1 3. Case law indicates that "filing" occurs when the instrument -that is to be filed is placed in the custody or control of the person or office where the instrument is to be filed, except where otherwise defined by law. Therefore, the statement of officer is considered "filed" once this office actually receives the document. Upon completion return to: Office of the Secretary of State Overnight mail address: Statutory Documents Section P.O. Box 12887, Capitol Station 1019 Brazos Street Austin, Texas 78711-2887 Austin, Texas 78701 City of South lake,Texas CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT/DENTON CITY OF SOUTHLAKE "I, RICHARD "DICK" WALTKE, do solemnly swear (or affirm) that I will faithfully execute the duties of a ZONING BOARD OF ADJUSTMENTS MEMBER, of the City of Southlake, State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God. " IC ALTK SWORN TO AND SUBSCRIBED BEFORE ME, THIS THE 15TH D: OF ' ' MB , 1994. /, GARY f CKES MAYO. OF SOUTHLAKE ATTEST: E, v 01,)/ SANDRA L. LEGRAND CITY SECRETARY r' City of Southlake,Texas MEMORANDJJM December 2, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy,Zoning Administrator SUBJECT: ZA 94-135 Preliminary Plat/Napa Valley Estates REQUESTED ACTION: Preliminary Plat for Napa Valley Estates,being 20.053 acres situated in the J.W. Hale Survey, Abstract No. 803, Tract 1, and the John A. Freeman Survey, Abstract No. 529, Tract 5 LOCATION: Approximately 1/2 mile South of E. Southlake Blvd., adjacent to the Southwest corner of Woodland Heights Addition, and North of the intersection of Carlisle Lane and Rainbow St. OWNER: ' Theron A. Ragan APPLICANT: Allegheny Land Company CURRENT ZONING: "SF-20A" Single-Family Residential District LAND USE CATEGORY: Medium Density Residential NO. NOTICES SENT: Fifteen (15) RESPONSES: Seven written responses received from within the 200' notification area: * Emalyn Mobley, 475 S. Carroll Ave., in favor; of a single-family development with no more than 35 lots. * William E. Minor, 860 Carlisle, in favor; of a single-family development with no more than 35 lots. * Norman J. Brown, 1550 E. Continental, in favor; of a single-family development with no more than 35 lots. * Mr. and Mrs. C.W. Hood, 1820 Rainbow St., in favor; of a single- family development with no more than 35 lots. * Donna Halley, 222 Westwood Dr., in favor; of a single-family development with no more than 35 lots. * Billie Farrar, Southlake J.V. (Nat Gibbs), Rainbow St./Continental, in favor; of a single-family development with no more than 35 lots. * Clifford Wayne Hood, 1820 Rainbow St., in favor. (iii., Twelve written responses received from outside the 200' notification area: * Dorothy Rockenbaugh, 1901 N. Carroll, in favor; of a single-family development with no more than 35 lots. SE- I City of Southlake,Texas * Karen E. Clayton, 3129 Lake Drive, in favor; of a single-family development with no more than 35 lots. * Candace R. Hall, 1911 N. Carroll Ave., in favor; of a single-family development with no more than 35 lots. * Sally R. Hall, 1609 Mockingbird Lane, in favor; of a single-family development with no more than 35 lots. * Aubery L. Smith, 361 S. White Chapel Blvd., in favor; of a single- family development with no more than 35 lots. * M.R. and Marce Gordon,950 Oasis Ct.,in favor; of a single-family development with no more than 35 lots. * Robert T. Meyer, 981 E. Continental Ave., in favor; of a single- family development with no more than 35 lots. * James Brooks, 1211 Brumlow Ave., in favor; of a single-family development with no more than 35 lots. * Edna E. Beech, 1000 South Kimball Ave., in favor; of a single- family development with no more than 35 lots. * G. Lee and Dianna Foster, 1713 Rainbow Street, in favor; of a single-family development with no more than 35 lots. * Janice Miller, 165 S. Kimball Road; in favor; of a single-family development with no more than 35 lots. * Cathy Turner, 1027 E. Continental, in favor; of a single-family development with no more than 35 lots. P&Z ACTION: * Theron A. Ragan, 1512 Rainbow, Owner of the property, in favor. * Pamela Muller, 214 Westwood, SPIN Neighborhood #8 Representative, in favor; would like to see access to City right-of- way to former proposed water tower left available into Lot 9 so Napa Valley and Woodland Heights Estates could be connected to the future trails map master plan. November 17, 1994; Approved(6-0-1) subject to the first Plat Review Summary dated November 11, 1994 deleting item #13 comment regarding the Thoroughfare Plan connection of S. Carroll Ave. to Carlisle Lane. STAFF COMMENTS: The Applicant has met all the review comments of the first Plat Review Summary dated November 11, 1994 with the exception of those items addressed in the attached second Plat Review Summary dated December 2, 1994. KPGIbls cm, G:\WPF\MEMO\CASES\94-135PP.WPD r SO 5 i _. ? ®�, - ErtPT-E5 _... _ _i.�ici 5'jrl/,��Y�«i- uw 10 r !n : ijAF' .I • • el : aJ 4,0 ssr 53 5B 1 xx oELL . . . pFt'GR�S arA 1 d' poi. • RrH, vs A< o u _ N s 0 -1.«,r. 1 ST v7 At I^Z, 1.,_ s r JACK D. �' '. 07k , as a.A =+ n.xf At ploy 1 tc:. JOHNSON --- n..op ---y,m1 ri«s a 1 Xi Y 5 ELEMENTARY NIG � s.1« L1«i __ s.r k xl '��,� .- — L • St 3AT ICE — �v5, x�pA7ed`F`�,.xi. SRIGN�ppWON ..,05) K' 8 vig0 ES; 5 Lu Lin Au.t --• , At;HILL�r:u"A' .fir #11). 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'� - r• - F- I fAl la X IdE I ' 0'1 . 47�tPl ' 7 rt•J ^ • VI a I to.. too 1i. PpRK� L'.'s NO - DO . - �}��t t� O f 1 fy ��r) -�i.-,. 'Ti}4 - . 11 YA 47.01K 2 I MINI !__ • `\ • L, 7 , 1 , 1 1 1l I A.A' J IAI tAs1 cookOtTAI RAJ __—__ �/ '_ .� — — 4 1A IA--F{'' Y e IA uif• l al; IA _wo O / 1MA \ �� ,1 le 0 0 R".RQ rI .. f)4 - K'A - w4 15f At -- - - t,i::::11 'II 1 WWW E w11/" V.t MO _� `/Nk «{ ' I 11 ,y._w--N�'1--I,yy1IIY .- tl'�� ,41 .': LA"t` - 1r ,u1 .f r�l FI MU p1�IoN ..1t. -. I TRACT MAP „Nt, w w; „HALL MED IRd ,1t1. — i I zjEr fe 77k � at 1a1 aro of ` I ----- - • 91 y .i. l,8l5�L'I<IrmEY�f I L 7i.'-- " 1'j HC.4Ef I O DE4.KE`iS T5,. 7; , I SC--3 — I ow ,.,,% ,In I ;i pl,c I �104-1 �D K) GI[ic( I '.'' ( I •v I • 1 I L I rmcll) Al V 3 ' • , 2 I • I j j cn c I a l o c 1t i< i - J — • °-' - CO < ° , uegdweo•� •suanea1 I \\ = j IuuI \ - -- CD U --- - I /./ cI— Q N N I U U CO ) ,i, u ca ;:to . c..6 CC Y Q O. o as I ea u. Z d N as O z N ?� Z_N I v Cl)o N OZc m L ' Nh `� '1 a oo Z cg cl a Q Q Nm o = 1 T— 7,6:� Q U I Q cNi •a Q CO I N C ! - I L ° • a� 1 = U II • I (A= 1 n- Lg , Nl --, L _ l3i) 1 $�-k I `r City of Southlake,Texas PLAT REVIEW SUMMARY Case No: ZA 94-135 Review No: Two Date of Review: 12/02/94 Project Name: Preliminary Plat-Napa Valley Estates OWNER/APPLICANT: ENGINEER/SURVEYOR: Alleghany Land Co. Daniel M. Long 4835 L.B.J. Freeway, Suite 850 1708 Smith Lane Dallas,TX 75244 Arlington,TX 76013 Phone: (214) 385-3310 Phone: (817) 275-3431 Fax: (214) 385-9808 Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/22/94 AND WE O141.-hR THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT TOM ELGIN AT(817)481-5581,EXT.753. 1. The following changes should be made with regard to the platted Woodland Heights addition: A. Label the block numbers and existing easements. B. Lots 10-13, Block 1 were replatted to Lots 10R-13R by a plat recorded in V.388-161, P.55, PRTCT. Label the plat record and show the respective revisions accordingly. C. Show "Tract A" between Lots 9 & 10R,Block 1. If this tract is not platted,provide name of the record owner and deed record. 2. Label the property to the north as "Approved Final Plat, Oak Tree Estates" and label proposed easements. 3. Provide name of the record owners and corresponding deed records (volume and page) for the unplatted properties to the east and south within 200'to including those properties across any adjacent R.O.W. 4. The following lots appear to be less than 20,000 s.f. in area(Lots 8 &9,Block 1 must be a minimum of 30,000 s.f. in area): Block 1; Lots 1,4, 5, 14, 15, 21. 5. The front building setback line along the Burgundy Court cul-de-sac should be 35'. 6. The Thoroughfare Plan calls for a southeasterly connection of South Carroll Avenue to Carlisle Lane and crossing the southwest corner of this property. Please find attached four alternative conceptual alignments for connection of South Carroll southeasterly to Carlisle in -accordance with the C' Thoroughfare Plan. E S City of South lake,Texas * The Developer's Agreement for this addition should consider drainage,park dedication requirements, off-site sewer extensions, and off-site grade-to-drain permission. * All taxes due must be paid prior to filing this plat in the County records. * Denotes Informational Comment cc: Theron Ragan, 1512 Rainbow Street, Southlake, TX, 76092 Alleghany Land Co. Daniel M. Long att: Alternative Thoroughfare Alignments C. -Z .w 1 - 43 gg gg �7 'Al' o t11,1.4i i t Q) / E trill `��R 1 . -an. y ? a 3 1 W to o A 1 1 :i;r it , � 7a E g g 1 : ? till il._ . t - Rio! (0.- ....;c„. ,,,, ..::,1)r)-- , li tu . R • _.._.._. _..I it_.. - it . 2 1 `II _ \ ;i a aF 4 11 i ' �500'JP.M'[ �I07.40 � j' T , --�--- - 1. r'c� 1 1�. .0 41 . . I \ li „4.._.. m ' 1 w ., f 1 1 e i i ► 1k4. 1.' '' 1 I 11 Iln 1 1 a l' I '' I a It r L 11 `4 LT..—. / i1 I i iI IL.._..—..— I w I ;$ i N m If�1 I 11.._.. 1 ' i 1 .. i Ili: JtV!- 1 1 1 a ;' . _ suss n.s I 1 t''' • --- ,�•a.J L zz�ogs 3L.._.. 1 I -- .,` - r - .� a .. .. � f -fir�-I. 1 ��""'� 1- Q a a O a ta 1 Q 1 j --Y A e. m —�1 o-'-� 1 — - s _ _ .J Ts Il i RI jI I EOM I zazratoN ' .\ � *5 ! �~ -is } § 1 iL F F F F iv: • ::% l t * t tel 3 Ni�+s4`•r L ISM j 12 A Y/ 1 L $ p 1 E1s 'i ' Pi . 1 S S 3 S 111 il 11 III ! is I " I 1 I IFl 1.11 a s It "e1 'i I t' t l ! 11 II t5 ii. t 11 t a t-g tI st Si ag tt all NI • r Mt 301 I J 3 t ., 3ort H I .� .... _ IM 3D� (rx 1701) •. 2A2 _ _ _ _ 1 67:`CA=T,011THt NK 4C 40 7A I I �1 � x 2 ?B GORE • 5U8 302 Y l I ----7/ 401 — 4 g1Ah. o • 40 4E I f)R( T I lit I I JOHN A. (ARE b&P ,F _ __ TI ‘\ G t Li N1 ., '\ t 4C 1 A •• � � . HALE• A^ 6A1 4 II �... BOOM T. ti I MIAMl ' •• IA) :A D2Ci t . XI • 64 6A I J I 6 1 683 6e iA 6�I: 6C 6a ieel 6fl sc I :,. 4I t � t 1A1 I t 2A2 t EAST GO lWO(T/�L r1 W I 1A' Je 18 181 1A , —h. — lA >e 16UD �rrtco y ' 'Ur wic 1114 M 1 A II , seatular , 1 i p t UHT .k tes t I( r--__ 1 , i-4 ras 11.0, • 281 41W ALTERNATIVE THOROUGHFARE ALIGNMENTS ' City of Southlake,Texas MEMORANDUM December 2, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 94-134 Concept Plan/Napa Valley Estates REQUESTED ACTION: Concept Plan for Napa Valley Estates, being 20.053 acres situated in the J.W. Hale Survey, Abstract No. 803, Tract 1, and the John A. Freeman Survey, Abstract No. 529,Tract 5 LOCATION: Approximately 1/2 mile South of E. Southlake Blvd., adjacent to the Southwest corner of Woodland Heights Addition, and North of the intersection of Carlisle Lane and Rainbow St. OWNER: Theron A. Ragan APPLICANT: Allegheny Land Company CURRENT ZONING:LAND USE CATEGORY: "SF-20A" Single-Family Residential District Medium Density Residential NO. NOTICES SENT: Fifteen (15) RESPONSES: Eight written responses received from within the 200' notification area: * Marvin Kercho/Howard Kochwelp, 115 Rivera, San Antonio, opposed; road plan uncertainties and drainage problems. * Sylvia Smith, 501 S. Carroll Ave., ' favor rovided the developer relocate Merlot Drive North to the center of her property, and that the developer provide applicable provisions for future water, sewer and drainage connections. * Emalyn Mobley, 475 S. Carroll Ave., in favor; of a single-family development with no more than 35 lots. * William E. Minor, 860 Carlisle, in favor; of a single-family development with no more than 35 lots. * Norman J. Brown, 1550 E. Continental, in favor; of a single-family development with no more than 35 lots. * Mr. and Mrs. C.W. Hood, 1820 Rainbow St., in favor; of a single- family development with no more than 35 lots. * Donna Halley, 222 Westwood Dr., in favor; of a single-family development with no more than 35 lots. * Billie Farrar, Southlake J.V. (Nat Gibbs), Rainbow St./Continental, in favor;of a single-family development with no more than 35 lots. g'D- • City of South lake,Texas Twelve written responses received from outside the 200' notification area: * Dorothy Rockenbaugh, 1901 N. Carroll,in favor; of a single-family development with no more than 35 lots. * Karen E. Clayton, 3129 Lake Drive, in favor; of a single-family development with no more than 35 lots. * Candace R. Hall, 1911 N. Carroll Ave., in favor; of a single-family development with no more than 35 lots. * Sally R. Hall, 1609 Mockingbird Lane, in favor; of a single-family development with no more than 35 lots. * Aubery L. Smith, 361 S. White Chapel Blvd., in favor; of a single- family development with no more than 35 lots. * M.R. and Marce Gordon,950 Oasis Ct., in favor; of a single-family development with no more than 35 lots. * Robert T. Meyer, 981 E. Continental Ave., in favor; of a single- family development with no more than 35 lots. * James Brooks, 1211 Brumlow Ave., in favor; of a single-family development with no more than 35 lots. * Edna E. Beech, 1000 South Kimball Ave., in favor; of a single- family development with no more than 35 lots. P&Z ACTION: * G. Lee and Dianna Foster, 1713 Rainbow Street, in favor; of a single-family development with no more than 35 lots. * Janice Miller, 165 S. Kimball Road; in favor; of a single-family development with no more than 35 lots. * Cathy Turner, 1027 E. Continental, in favor; of a single-family development with no more than 35 lots. * Theron A. Ragan, 1512 Rainbow, Owner of the property, in favor. * Pamela Muller, 214 Westwood, SPIN Neighborhood #8 Representative, in favor; would like to see access to City right-of- way to former proposed water tower left available into Lot 9 so Napa Valley and Woodland Heights Estates could be connected to the future trails map master plan. November 17, 1994;Approved(6-0-1) subject to the first Plan Review Summary dated November 11, 1994 deleting item #10 comment regarding the Thoroughfare Plan connection of S. Carroll Ave. to Carlisle Lane. STAFF COMMENTS: The Applicant has met all the review comments of the first Plan Review Summary dated November 11, 1994 with the exception of — those items addressed in the attached second Plan Review Summary /P� dated December 2, 1994. KPG/bls G:\WPFMEMo\CASEs\94-134C.WPD WIL- *1- I '' ''' ® - E51P7�c .. _ ci ��IJ r; Isw Tr' 7A 1'N. q u,i u Q w 4'0. 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O IN IY AA 71e IY)a N,Y A AA o IGi �6'tlGI TT 1.. x, r„-- 7c _" H-I`losi5oH DE1.KER Is•• N�., JO k 7'M� JOI-II 71°RJ �.'.1I1ii • I ( I I • 1 `— / rmLD u I 1 E ca I I • — • a oo . • m c u. a 1 J d - cn, n� n n m O L 2 O uegdweo•r • SU6A G1•y N. u: ao CEO (51 CCg / .a cn N U U t ct U � I (Q1 ;:t LC CC c 3 Q O N , a N o m LL , W Z C� cn N o Q N Z m a 1 o N � O loimpemI a op _ Z N N 1 0 W 0 O / < L o `V m a Z (._ c.,, _ , a> N .g Q RI m Q j , O 1 1 N I _ � Q o a) I .- U II1N0 = 1 0 `n 2m 1 Hi U u. ____,. N \ 3i) 1 Via- y i • City of Southlake,Texas • CONCEPT PLAN REVIEW SUMMARY CASE NO: ZA 94-134 REVIEW NO: TWO DATE OF REVIEW: 12/02/94 PROJECT NAME: Concept Plan for Napa Valley, being 20.053 acres situated in the J. W. Hale Survey, Abstract No. 803, Tract 1 and the J. A. Freeman Survey, Abstract No. 529, Tract 5 OWNER/APPLICANT: _ ENGINEER/PLANNER/ARCHITECT: Theron Ragan Allegheny Land Co. Daniel M. Long, P.E. 1512 Rainbow Street 4835 LBJ Frwy.,Su. 850 1708 Smith Lane Southlake, Texas 76092 Dallas, TX 75244 Arlington, Texas 76013 PHONE: (817) 488-7058 (214) 385-3310 PHONE: (817) 275-3431 FAX: (214) 388-9808 FAX: (214) 714-0282 CITY STAFF HAS RECEIVED THE ABOVE REFERENCED PLANS RECEIVED BY THE CITY ON 11/22/94 AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT KAREN GANDY AT (817)481-5581, EXT. 743. 1. Correct the name of the development to the North to Oak Tree Addition." 2. Increase the front building lines on Block 1, Lots 8 & 9 to thirty-five(35') feet as required by Section 14.5 (b) of the Zoning Ordinance. 3. Confirm that Lots 8 and 9, Block 1 are both a minimum of 30,000 s.f. as required by Section 8.01 (G) of the Subdivision Ordinance. 4. It appears that a number of lots (e.g. Block 1, Lots 1, 4, 5, 14, 15, and 21) do not meet the minimum lot size of 20,000 s.f. as required by Section 14.5 (f) of the Zoning Ordinance. 5. Thoroughfare ca fora southeasterly connection of South Carroll Avenue to rlisle Lane crossing th outhwest c er of this property and attached four alt tive conceptual aliignments fo connection of uth Carroll s easterly to rlisle in acc nce with the roughf a Plan. * All signs and culverts must be permitted separately. * Denotes Informational Comment cc Theron Ragan Allegheny Land Co. Daniel M. Long, P.E. att Alternative Thoroughfare Alignments (iir s.1)-S I ... • C , .. i d . • I I 1..34: ! 1 III i 1:11.1:41 1(4°-;:t:11 f___i -- ! s t i j;I M ° �_ t P " t l'ill's !11 9 t !t 4.4114 II dill SS !I! ' `‘) i 1 ' 1- ae ^}' tom ..� I U o I I �li \ ;i d i ` 3.�__ ti 1 j ,.... ._.._ T -�,00'- --- -- w n. ...._.. it ice• �•� x 1/ � �� ` € • IF7�.—.. " \1 . , a ! 0 1 k ;I: r t g— j .._.. ' fi f I 1 11 _ ', as ii r ! I '.0 • $ , ��(... tI1 tea a i• II FIi ,,. I .. III I 11 ;iflL:i_1 I ,,,I = _.. 11 ` �� T\4 a 6 R .CA ; a III! 2 s) I• 'airs . It- LL I 1 8 Q t — a`s,� � !iT i.. , -i1 _ � _..i I h i cr, a MIXI.XON "; - ; I ": S�4� I 1. I �� C �tri , ,, II II. I I i ,. „ .� « ,� I: j o 1 • mzzs z 217.WN �� e 1 I j S y�'y� � la's P ELSSP _ P E ,� oI• I 4t ;:,, e 1 iPqIi PR %1, tt a S7 ;ti T 'i` I 411g t 7 IC i 3' 1 �_ I a s I III . 1 IL. gti ! P11 11 111 YEN' T A Y 8 tl R 8 H A. : 11 1 1 1 1 I Ill ■-. 3 aE t nt a a R I nR 1•1 I bilt a. t 8t t:1 tE at 8$ 81 tt 841 = If T11I' Is' ItI= IiI- I= rill 1 •1 x1 Sot JA2 �� ]OZA" �� - , , 3D 0.... 17w) • ?AZ 1 — —i �— a : : 301 (::n. - - , -- - - A_____ _ I 28 . G0� . 46 xn .mom • .._:...____02 . Wit 4 .. •Y i ----7-------4 ) 0 3 e •� + oP ►' t �,' �fR�� Q I ilK suent"Y A---its .:-. 501-1 S ,` ' _---- . (1114e C A -N -.• to N..n.-4-.4 \ I . . 48II13` \ •�, A-803 6A1 • M1 I RAtteow CT. ..t-c 6A1A 1 •.� (�_ d 2C1 1 6A \• 1 683 W 6A1 t to 1 2C i + 6 6i SO !I F 682 I. J ' \ 6C 60 81 » ) 4 I \ 6E 1 t 1 IA1 22 t ET oTINEKT L MVO _____I___ 1 __________ .= • fii La ' . •.d� i 18 1e1 1A �° , ,Y DI IA 7046•1__ 1 _ t�fmM�17It teTIA 0' i� ''��`• hz Is . /1 I . — : �� -2A3 t ■�■ u• I t11g8 _ _ . ,..._ ir, —1A2 I r ALTERNATIVE THOROUGHFARE ALIGNMENTS . az S-N--) 1 . - ---. City of Southlake,Texas MEMORANDUM December 2, 1994 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy,Zoning Administrator SUBJECT: ZA 94-137 Site Plan/Southlake Medical Clinic REQUESTED ACTION: Site Plan for Southlake Medical Clinic,being 1.2830 acres situated in the John Bailey Survey, Abstract No. 97, and being the proposed Lot 1, Block 10, Stone Lakes Phase V Addition LOCATION: South side of W. Southlake Blvd., East of Stone Lakes Place in the Stone Lakes subdivision OWNER: Baylor Healthcare System APPLICANT: William Cook CURRENT ZONING: "R-P.U.D." Residential Planned Unit Development LAND USE CATEGORY: Mixed Use NO. NOTICES SENT: Nine (9) RESPONSES: Two written response received from within the 200' notification area: * Southlake Properties J.V., Phil Jobe, in favor. * M. Darell Wayland, 2508 Rolling Lane, in favor. One written response received from outside the 200' notification area: * Camille Rasdal, SPIN Neighborhood #13 Representative, 308 Waterford Court, opposed; this is not an appropriate location and would be more appropriate located across from Carroll High School; and the lot does not appear to be large enough to accommodate parking. P&Z ACTION: November 17, 1994; Approved (7-0) subject to the Plan Review Summary dated November 11, 1994 amending item #10 to allow 5' wrought iron fence on the West,plus a 6' masonry fence on the South, and requiring a common access easement in the Northeast corner (understanding there will be a loss of three parking spaces). STAFF COMMENTS: The Applicant has met all the review comments of the first Plan Lir, Review Summary dated November 11, 1994 with the exception of those items addressed in the attached second Plan Review Summary dated December 2, 1994. City of Southlake,Texas Note the attached scenarios of development of the outparcels to the East of the site. With its motion, the Commission acknowledges the possibility of these parcels being developed commercially. KPG/bls • G:\WPRMEMO\CASES 94-137-S.WPD Olt .....n. - I . 1, RA, •.1u NOLDRItSS r rl.L3. - .. 1 G _ GEC x I x2 ILA 60 ,` - NE•5 c a ;FUuy 2C1 gUR 1 A__ x J_ cREE Io,� 3 3A 2A 5 KI x 803 Rc l°C1 I AaD GEC ' 20 Ac , , —--� RC3 (IT‘... --•.! '•�'y,,"1�• -- EE? • 1382 y THOMAZ__14.• MO A gut° 7 ° °c Li:R A 11STKIARMS,REET --- v-�R - - .- - _ _ _ USX S.s3 K 119 W{la\ii1 sA 6AI, M,6 EAEA M12 .. I G • 16A5 , A �S l'J 1 .(' ', ' . ; 11E tR A i I\ y,a 6 GA7 1 2 ee 1 '' • I A A 882A ,A I I 1. • •�-_ 1 . - _ •I y� MIs 6A9 9 gm nu Y' 1I M1 8919 I. 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(,,J, '' _ t OC`i ,.S -- ' A�, XII ' s •f : .I. �•� ,l) --- X SATE P - • c-illu ltc 10 ., ',.\ ? / < ,or ? " •, ., \ / ` s A< KITE L - 2 I) TRACT MAP 11 ac.r� l=.�aIr (.NA SUN.t, . xl I) N Iu A< w'k 2 A U T CIM131n160111.4. -TT' l..tg z .n ► P'J' r{u�l �IA(,r 1, �l, r*,vid,-em SG— ( • l\ , ,. I>�YAt�t,..) ' 1� )1 1 w atiri c 1 ) ) 1 I e WAM► \ (I IARoat I) I, 1�.1 q l) I1 5 1 l t. ,. • 0 . --i-7-1-- • . +. 1 • (111... ' j 0 > TIM ).__ • _ m PL 0 CD a) _J 1 ( i i FtV W , I t N----- '§s. .< co Q I (f) < N a se . 9- / (r) / >-N 6"• C CC r— co , N m V Z v es E , Z i— , .1 FicEsi.-.! o E 1 ihs., ..6 N Z N b co Aicp W o Q ar1 Q E p ' /____ .' ` � a • VD " N � ]NOlS i a a y\d� • ' J /E ITV 0 /0 u) c - --\-i-\ 1 • \---.. = ---1---.k k ..„- • • • • 1 - \�.- . 1 . . , . r > > Y. .leinc - ,enONlO ...e.-, t\.__-, I . \ • • .— -c N . • \ I (j) I -(4*..... 1 - ._:\II\ 1 --- • --- • •op • 1 I - - - - - s� � 1 v G6-" .q � c� - . " \ / (ICH ! 1!tlli) C;;;:, (1171 ;) r• --.r // i� tit Itty riii1tllt g ....... zw /77 !, ,, 1 sui • /i/1:*). ---=-] WI A I f . ) I *.k.'%...6 7'4: '' /A,r r. 4 I jr ' SCENARIO #1 - Commercial/Retail k s• ' . i ,, 3 _i !_f: 2..z...- 7_ 7.-- , fy - I i ) I 97/ ' / ,,d,:,-_ -:-_ , -- ',_.,_ , kk- "*.........,... .117. Do ti.... '--.-:----'10:1°4 • °11. F doe..: r 21 / J SCENARIO #2 - Medium Density Residential , \ (l'il HI MUM? C-,7 ' ,. 1 vi:w • ) r - '''-...,/ I 17:--rf-- -# 'Nei:4- A 1/7-' 'If° 71 I v) / . LNlibik. .. / 2 SCENARIO #3 - Low Density Residential s.cY_S City of Southlake,Texas SITE PLAN REVIEW SUMMARY CASE NO: ZA 94-137 REVIEW NO: TWO DATE OF REVIEW: 12/02/94 PROJECT NAME: Site Plan for Family Health Center Southlake, being 1.283 acres situated in the J. T. Bailey Survey, Abstract No. 97, Preliminary Platted as Block 7. Lot 48, Stone Lakes, being 1001 W. Southlake, Blvd. OWNER/APPLICANT: ENGINEER/PLANNER/ARCHITECT: Baylor Health Care System Healthcare Environment Design 3409 Worth Street. Suite 600 2625 Elm Street, Suite 212 Dallas, Texas 75226 Dallas, Texas 75226 PHONE: PHONE: (214) 820-2872 FAX: FAX: (214) 820-4414 CITY STAFF HAS RECEIVED THE ABOVE REFERENCED PLANS RECEIVED BY THE CITY ON 11/21/94 AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT KAREN GANDY AT(817)481-5581, EXT. 743. 1. Show any proposed dumpster locations, noting that all sides shall be screened. 2. Resubmit landscape and irrigation plans meeting the requirements of Landscape Ordinance No. 544 and Zoning Ordinance No. 480 (Section 42, Bufferyards) prior to issuance of building permit. 3. It appears that the interior landscape area shown on the site plan does not meet the 75% requirement noted in the Landscape Ordinance No. 544, Section 3.3 (c). Staff understood the intent of the Council was that 75% of the landscape area be along the front and sides of the building; however, the wording has lead the applicant to interpret this requirement to be 75% of the required plantings be along the front and sides of the building. The following is the referenced section from the Landscape Ordinance: "Location Requirements: A minimum of 75% of all required plant material within the interior landscape areas shall be in the front and along either side of the building between the building and the interior edge of the required bufferyards." 4. Delete the enhanced pavement credit because it does not meet the definition. * All signs and culverts must be permitted separately. * Denotes Informational Comment cc Baylor Health Care System Healthcare Environment Design .....w.•-.++..•OW•+.r•ammo...OM. arms RUM 9 :IC. 1 (yi L c 1 I WI ✓ I la II 2 a a. 1 I I I hi I v9 ib hLLLI. 11.. : :: !1IiliI . . I® Ilxiii r _ I it hi ii ii ki s d gs Ili slIli! M !i ; 4gt — 0 I; li Iv 1- II 1. 1% I! i iiii iirii -1 1 it I I141 - _____, . Pi 1 - i i — hI il ,1' ; M_ .. li ! Af 11311PF °4C poo,1-irl _ . \ IV]/AA'I( , , A i lei ..., I —4 i '-- �' k� govii ./ 1 ..... 1 . i . A_ AC. iv*. PIRjom...- , 1 ts i 4 f, „.01.",-ii.r....or_ hi 1 ig 1 fI 17 h a R �I A h.s �1i l- �R / / :/1 . d T 1 .1isaa�� ivirpolol___ . 14 e• __ //t.„mug ' _\ .1,1 1 411,44thitirs1„;:„.„7,— 1.147'1 1:1 Illy I,/ 'z ',,, • ; 1 ' f l - - ' —� A 1� ;� � �� : ~ "� Ili - .� i4 i11111111, .. I 41114 ci, _ 3) idi11 .. Ie ✓afJ AM MOW ,—. ) — S6- 7 - 1 I . I . 1 • I • I - 1 1 1 • , • I . 1 .. 1 • 1 v t • I . I City of Southiake,Texas MEMORANDUM TO: December 3, 1994 Curtis E. Hawk, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 94-51, Appointment to SPDC Resolution No. 94-51 allows for the appointment to the Southlake Park Development Corporation to fill the unexpired term of Larry Goldstein. The term is to expire on May 31, 1995. I have included in the packet the applications which were submitted with the original appointments. If you have questions, please let me know. sl City of Southlake,Texas RESOLUTION NO. 94-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A MEMBER OF THE SOUTHLAKE PARK DEVELOPMENT CORPORATION TO FILL AN UNEXPIRED TERM; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to the authority granted by the Development Corporation Act of 1979, Article 5190.6, Texas Revised Civil Statutes, as amended (the "Act"), the City Council found it advisable to authorize the creation of a non-profit corporation to be named the Southlake Park Development Corporation, to act on its behalf in financing, under the Act, eligible "projects" deemed to be for the benefit of the public; and, WHEREAS, as allowed for in the Articles of Incorporation of the Southlake Park Development Corporation, approved by the City Council on the 3rd day of January, 1994, a Board of Directors shall be appointed by the City Council; and, WHEREAS, the Board of Directors shall be composed of seven persons. Three (3) of the directors shall be appointed to one year terms and four persons shall be appointed for two year terms; and, WHEREAS, four of the members shall be members of the City Council and the three remaining directors must not be employees or officers of the City, or members of the City Council, and at least one of the three remaining directors must be a member of the Southlake Park and Recreation Board; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All of the findings in the preamble are found to be true and correct and the City Council hereby incorporates said findings into the body of this resolution as if copied in their entirety. Section 2. The City Council hereby appoints the following person to fill the unexpired term of Larry Goldstein which will expire on May 31, 1995. Section 3. This resolution shall become effective after its passage and adoption by the City (filse Council. C1 .,� City of Southlake,Texas Resolution No. 94-51 page two PASSED AND APPROVED THIS THE 6TH DAY OF DECEMBER, 1994. Mayor Gary Fickes ATTEST: Sandra L. LeGrand City Secretary (be q6-3 City of Southlake. Texas gigMer--y1 APPLICATION FOR APPOINT TO NOV I 0 1993 SOUI'HILAKE BOARDS : 'VD COMMISSIONS OFFICE ^i ;CITY. SEC.RF,•-f APPLICATION FOR APPOINTMENT TO: (Name of Board, Commission, or Committee) i f PAR lam`, DC=J -r LC'Pv\ N'^ C.oRtJ use a separate application for each appointment desired NAME: SALL_`/ R_ t1 LL ADDRESS: \ oc} tACG/---t<1 t,; c-; i-5i 12_a Lt.) • HOME PHONE: k-S E3 - S J 3 S YEARS IN CITY: A Lt-AosT 9 '(2--S EMPLOYER: PHONE: Current and/or previous board, commission, or committee experience in the City of Southlake: C i Ty C.c c i (e.\ `T tz ) • TASK F-Oi1c l_ M 1- 1 tiY ) LHk%`t C2 C aT1 ATTr)v7-4,)(7 I.atlLi IJxafit:: (2 a_c? • ) 1[s.01[ =Ai -'\ c-Pt=Ei," Coln . KC EC P c0..C1.-tLrs. Kid 3k=�1�i\ F•< <- Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same: t)Q 0 c E1-E C t- t-'- P (=tl l l3 l i=tJ I N `. ace i t-r-t4 S SKI C I � i ! Qualifications and experience that would assist you in serving in this position: FVv,% Pc ' t =c.; `= D c?Csc: . i+ Vic•_ T L��•( C 4 S'S-1 C% (`% c Cr: (305 P \ NJ X A c l' 10A-+ -i ('[ .p•i',t art i �- >>L.LA i' S=CA.; J c e C= '._.7",v 1 c- c= iiC; --L i) r-'(2c, p 0_ L.X. ( i &. Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? Additional information or comments? Please return this completed form to the City Secretary's Office. Each application will be kept on file for one (1) year. ' I l Signature: J-c-tif %-'��!L (- Date• ! L' J If additional space is needed, attach to this application 96 _4_ r' ---- City of Southtake, Texas • , i iI,TCATXON FO A PD(1r�rY*n �.,•, Z.Q ' S I N kw-- I IAPPLICATION FOR APPOINTMENT TO: (*tame of Board, Commission, or Committee) 1 Sot.,-1-1 t-42..x fl4fz KS pp_1/E Lc:,,PM FAT- co uSe a separate applicat on for eac �� appo ntment des rod . AE: 2oP Zb4.4NSotJ ADDRESS: 720 N O sal-1-1 t.414 llE C 4C.PE L RU+�D $oMs PEortE: 8 l7 430.440o 430. o YEA Rs IN CITY: 1) i gs_ EMPLOYER: O PZ'I N1 AS T 214 ctn.I Iwo PHONE: tea •Rc�tSIA ']i Current And/or previous board, commission, or aomajttee in the city of 8outhleke: tGE G Variance • 2- Reasons for desiring to serve on this board, committee, and your opinion as to the °O ssian• orf same:4N�t • t o " - L NW purpose, goals, and .L . of nth A.NbC�� 3 • AS A -- - �__,. _ ,x Qualifications and `Pu.s Q•M4Ke sac/1144km A thiskele aposition: and der ence that would assist you in s n � R� cT� * t;' 3;.*c rJ fir - L.•A•R C.. -i4oRt o s a - gin cater �... t zul , mo'` p t A-co. r►ac�Fs,t�E of o 4w: atca tCRtc - • ----�_ faun r.a t+•r c �-.o R.i,p< <� a As z ' 1{r.�4 �;l �rs4.Sr . �... Do you understand ande afire�at yat 1=.e� a tt�«,e kris-lt a ,r support are required as an regular attendance and active result it removal from the boardntee and that noncompliance could Additional information or comments? T� Go oi-e dw, N �µy geGin�+.h•Je, _ eta �M�'t eta Please return thfs completed form to the sit To SEA �'�Pdd�� Each application will be kept on file for one (1) year. Office. (1) year. Signature: Date: o 1s. ''./-fi)L5- ALItsiz:------ If additional space �'"�' is needed, attach to this application ______________L _______ r TOTAL. P.02 • Rod A. Johnson !j�(�,, i _D 4720 North White Chapel Road l�J Southlake,Texas Mail Delivery:Roanoke,Texas 76262 N O V I 1 1993 J (817)430-4900 Main number (817)430-8800 Facsimile (817)430 4343 Guard and Caretaker OFFICE OF CITY SECRET/ 1 Ms. Sandy LaGrand Fax number : (817) 488-6796 City Secretary Contact number: (817) 481-5581 ext. 704 City of Southlake Transmission Date: November 11, 1993 667 North Carroll Avenue Transmission Time: 12:15 CST by Southlake, Texas 76092 Document Number: 111193ST 002 Total Pages : TWO Dear Sandy, Thank you for faxing me the Application for Appointment to Southlake Boards and Commissions. Please find following this page my completed application for appointment to the Sothlake Parks Development Corporation. Thanks for forwarding it along. I look forward to working with you and the city on this important part of the history of Southlake's success. CVery sincerely yours, iime 1-2)a-5\f\At Rod A. Johnson Attachments • City of Southlake,Texas MEMORANDUM December 1, 1994 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Developer Agreement for Monticello Estates (Phase I) Attached is the Developer Agreement for Monticello Estates (Phase I). This Agreement contains the standard requirements for the provisions of water and sewer. Monticello Estates is planned to have private streets with a gated entrance. The requirements relating to performance and payment bonds, maintenance bonds, and inspection fees are included in this Agreement. However, as in the past Monticello Additions, they are not planning any building permits until the Addition is accepted and therefore, will not need to post a performance and payment bond. A few conditions are unique to this Addition, which resulted in revision to our standard agreement. These items are discussed as follows: Lie) • Page 1, Section B. states that the Developer's contractors, builders and employees shall not use the existing street, Northridge, for access to Monticello Estates. • Page 2, Section E. requires maintenance bonds, letters of credit or cash escrow for underground utilities. Because the streets will be private, these are not required. • Page 5, Part C. STREETS: Even though the streets are private, the City will require that the streets be installed in accordance with the plans and specifications. The Developer or homeowner's association will be responsible for street light costs, including installation and maintenance. Any unique signs will be the responsibility for the Developer or homeowner's association to maintain or replace. • Page 6, Part E. EROSION CONTROL: Developer agrees to keep the streets, within the Addition including Continental Ave. perimeter, clean from soil build-up. • Page 6, AMENITIES: Developer agrees to accept responsibility for unique amenities within the Addition. An authorized lock system to the gate must be provided as per City Fire Code. • Page 9, Part A. SEWER PRO-RATA: Developer agrees to pay their share of the S-4 Sewer Line as required by Ordinance 493. • Page 10, Part C. PARK FEES: Originally Monticello Estates (Phase I) was a portion of L Timberlakes Addition. Over five acres of park land was previously dedicated in the 10t- (low Curtis E. Hawk, City Manager Monticello Estates (Phase I) Developer Agreement December 1,1994 Page 2. Country Walk Addition along West Continental Blvd. in lieu of Park Fees for both Timberlake Addition and Country Walk Addition. Therefore, the Addition has no Park Fees. The Developer in conjunction with Southlake Joint Venture agrees to construct a jogging trail through the common open space of Monticello Estates and Timberlake Addition. A copy of this contract is attached to this Agreement. • Page 10, Part D. PERIMETER STREET ORDINANCE: Approximately 1,147 feet of the Addition abuts on Continental Blvd, which will require a Perimeter Street Fee of $10,860.74. Please place this on the December 6th, 1994 agenda for Council consideration. Should you have any questions, please contact me. L BW/sm Attachments: Developer Agreement Maps wpfiles\memos\montphI.dev L 4 MONTICELLO ESTATES (PHASE I) DEVELOPER AGREEMENT An Agreement between the City of Southlake, Texas, hereinafter referred to as the "City," and the undersigned Developer, hereinafter referred to as the "Developer," of the0;40aVaillegis oknom to the City of Southlake, Tarrant County, Texas, hereinafter referred to as the "Addition," for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the ' lots contained within the a: g so- « 4rf) and to the off-site improvements necessary to support the Addition. I. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. ;.::.::. ........ ...... >s 0:ry}}}} :n:::::::::giftiliStiNRINEANNOCONANIOWARIONWINWEINO :• .::::n::...::::::::.:.::::.:::.:::::::::.::.:::.'.:})}}}}::•}:::}}:v}}}}}}}:•}}}}:{•}:{".i--v:;:::•>::;:;y:;.'Y:;:::::'_ '{ ::ti?!::?.}: 7 :..... �ryy��f: ... ..... .•p. :t�,.n �.• i�•.�.•'...�• .''~• •::•.•A R41,.,1}. �....:::n..n. is:7Tr_�.:••• ,.,:.��t-�}•.••.,..;....?:j::•j%........... �••.�.f?;:?YY•;r•:• S .r:.{.}.t Y: •.YS..•;• fi. t t....: :.tY•• \. E::;;..:::...:..:..:.. ......................:...... .Y:::::F.•.Z•.}�•.ti v}:' •i: .. .SJ. t• r..?i••t 7t+{•t..�.••'.,Y�i.}r.�v.•: stt•� •:•: :•::}:::v::Y.v}::::.}..•n:::.:•,+•. •.w:,u.•}.vrr•:S.':{:R::::ti:::..Y:nty:?:\::::.i-:Y::x•::� •:%•i:.::•}}....:.::.t::•}:'r,L : C. Since the Developer is prepared to develop the Addition as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin as quickly as possible and the City is desirous of having the subdivision completed as rapidly as possible, the City agrees to release 10% of the lots after installation of the water and sewer mains. Framing shall not commence until water quality is approved by the City and all appropriate Fire Code requirements are satisfied, and street signs (temporary or permanent) with street names are in place. The remaining building permits shall be released as soon as the streets are complete. The Developer recognizes that Certificates of Occupancy for residential dwellings will not be issued until the supporting public works infrastructure within the Addition has been accepted by the City, and this will serve as an incentive to the Developer to see that all remaining items are completed so that final acceptance can be obtained. .................................::::.w::;.:m:::Y: •.Y:::. •::::::?.}y::;.......•yr.}}}:•}::s.}:.'i.}:C.}}:{it}:•}:?:....:ti:•}:??•}:{6}}Y:.r:::?{:.:}Y.::Y: ::.:••:•r.Y Y:::.Y{8•:tir:::ii}:: ; s the Developer will present to the City either a cash escrow, letters of credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2) years of the signing of this Agreement between the City and (ire Developer. All bonds shall be issued by a Best-rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letters of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance and payment bond, letters of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. • E. The Developer agrees to furnish to the City maintenance bonds, letters of credit or cash escrow amounting to 20% of the cost of construction of underground a 50o� f t nst-ucti� These maintenance bonds, utilities. �� u ��- ��-Y�--gib• letter of credit or cash escrow will be for a-period of two (2) years and will be issued prior to the final City acceptance of the subdivision. The maintenance bonds, letters of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. F. Until the performance and payment bonds, letters of credit or cash escrow required in Paragraph C has been furnished as required, no approval of work on (re or in the Addition shall be given by City and no work shall be initiated on or in said Addition by Developer, save and except as provided above. G. It is further agreed and understood by the parties hereto that upon acceptance by City, title to :: mentioned hereinabove shall be vested in the City and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities shall occur at such time that City, through its City Manager or his duly authorized representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved and are being accepted by the City. H. On all public facilities included in this agreement for which Developer awards his own construction contract, Developer agrees to the following procedure: 1. Developer agrees to pay the following: a. Inspection fees equal to three percent (3%) of the cost of the water, street, drainage and sanitary sewer facilities, on all facilities included in this agreement for which Developer awards ,,+ -2- (rol his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing Fee equal to two percent (2%) of the cost of water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; • c. Trench testing (95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for retesting as a result of failed tests; f. All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (95% Standard); b. Technicians time for preparing concrete cylinders; and c. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and accepted by the City. The Developer and any third party, independent entity engaged in the construction of houses, hereinafter referred to as Builder will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen (15) days written notice, should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer or Builder for reasonable costs. Should such cost remain unpaid for 120 days after notice, the City can file a lien on such property so maintained. -3- J. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. K. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. II. FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and reviewed by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements, the City will reimburse the Developer. for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, reviewed by the City Engineer, and made part of the final plat as approved by the City Council. The Developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for review by the City. ►+ -4- C. STREETS: 1. The street construction in the Addition shall conform to the requirements ::»>:;::<::>:;::::»s ::»:;:>:>::>::. Streets will in Ordinance No. 217 46g0.0::61406<a fiti €: be installed in accordance with plans and specifications to be prepared by the Developer's engineer and reviewed by the City Engineer. 2. The Developer will be responsible for: a) Installation and twe—yeaf operation cost of street lights., h' ble tote City prior t" f""l b) Installation AMn of all street signs designating the names of the streets inside the subdivision, said signs to be of a type, size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances: c) Installation #: of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as directed by the Director of Public Works. It is understood that Developer may put in signage having unique architectural features, however, should the signs be moved or destroyed by any means the City is only responsible for replacement of standard signage, t F$filling_,::y.: Developer }.:}:::.:.:h.}i':ryS.'.titi>.•n.::::v.:::::..y.:v::...:::y::::..::.:h.::1iiivi:{.11 :•::v::::' •isi:.;:ii:.:i:•:::::.:•:::---... v..• :;i:og',..�$ :'};•.1........ ................................... 3. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of- way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre-planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. D. ON-SITE SANITARY SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities -5- will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and reviewed by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. E. EROSION CONTROL: During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets, '' }#0144 #, .:' yt ::: ialird: . ;`'.'-.ti:'.; :at free from soil build-up.::: The�-Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this subdivision. When, in the opinion of the Director of Public Works, there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the streets or affected areas. If the Developer does not remove the soil from the street within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the Developer's expense. All expenses must be paid to the City prior to acceptance of the Addition. F. AMENITIES: It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, walls, totespaiiitiagoVisei and rate specialty si a e ate::> : may-i�ser�e p ty P� g � ;:.;;:.:;.;}:;<:>:.}:;.:�:.}::}:??.;;:.};>:.}:..: :... : .:..:•:;::gi t' 1 g:i:•::::is . The Deve oper agrees to accept responsibility for the construction and maintenance of all such rrhf:. }:.#i c specialtyitem : :{::.:::: ,r .,:::..• ::r `?< .. f..............:.::: :::.:.,.::.:: aesthetic, �,.:.} ......... x,.......�� :..}}}}:... .:. -%•}}}%Y••}:}:•.!•: f:•r• e, ::l:.. •, . jL�:yy ':.:}:•i'::--:{:n vYTii:?{{;;4:??:'}•.y4:iM�}?•{}:.:}::: :i}}vv??•}:• i}�; ., ::n ry:•}::.•.•:••: : .411111 p until such responsibility is turned over to a •}':ti•}J}:yi}}::}}}}i::::yii.:.:}i::i}:j'i::isji::i}}}i}}}}}:isy'}}Y.::}::}}}}}}ij'i::Y}}}'.:hXti'-�i: homeowners association. ` ``:o'.:?e ':.}:` e# •}:f:f:.},•r{:•.? \•.•.}:::::::f :.f..v: �y �y ,,��,'�j,,,,,„,�-0}y`:?:;•:•�•}:•}:.}•:. \ti:{}•..lC�`::iiw ..... {.}•4}':::fry. Soule r :ed G. USE OF PUBLIC RIGHT-OF-WAY: It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a -6- homeowners association. The Developer and his successors and assigns understand that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect City against all such claims and demands. H. START OF CONSTRUCTION: Before the construction of the streets,and the water, sewer, or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds must be submitted to the City in the name of the City prior to the commencement of any work it 2. At least six (6) sets of construction plans stamped "Released for Construction" by the City Engineer must be submitted. (twe 3.4. All fees required to be paid to the City. Developer's Agreement executed. 5. The Developer, or Contractor shall furnish to the City a policy of general liability insurance, naming the City as co-insured, prior to commencement of any work. 6. A pre-construction meeting between Developer and City is required. III. GENERAL PROVISIONS: A. Developer covenants and agrees to and does hereby fully indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from or in any way connected with the agreement or the construction of the improvements or facilities described herein; which indemnity, shall terminate upon acceptance by the City of such improvements or facilities; and in addition, the Developer covenants to indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from and against any and all claims, suits or causes of action of any nature whatsoever, brought for or on account of injuries or damages to persons -7- or property, including death, resulting from any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of the Developer, its contractors, subcontractors, agents, servants or employees, which indemnity, shall terminate upon acceptance by the City of such improvements or facilities. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgement which may be incurred by or rendered against them or any of them in connection herewith. D. This agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. -8- F. Work performed under the agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this agreement shall have started within the two (2) year period, the City may agree • to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time. G. The City is an exempt organization under Section 151,309, Tax Code, and the facilities constructed under this Agreement will be dedicated to public use and accepted by the City upon acknowledgement by the City of completion under Paragraph I.F. 1. The purchase of tangible personal property, other than machinery or equipment and its accessories, repair, and replacement parts, for use in the performance of this Agreement is, therefore, exempt from taxation under Chapter 151, Tax code, if the tangible property is: a. necessary and essential for the performance of the Agreement; and b. completely consumed at the job site. 2. The purchase of a taxable service for use in the performance of this Agreement is exempt if the service is performed at the job site and if: a. this Agreement expressly requires the specific service to be provided or purchased by the person performing the Agreement; or b. the service is integral to the performance of the Agreement. IV. OTHER ISSUES: A. SEWER PRO-RATA: pp:•�ti.} N : ANOMM ' rr ': IRM��.�.��..��...�.�..�.:�.,�.�'.�.�.�'.��''`��'� ?= :. # •nkii: 'eta nto niter MANN € € (h." -9- B. OFF-SITE DRAINAGE: The Developer understands that the Drainage Ordinance, Section 6.06-B, requires that each development contribute on a pro-rata basis towards the cost of replacing critical drainage structures downstream from the development. This development is within the basin served by the box culvert in Y.:', '# The Developer agrees to pay their share of the culvert expense prior to the beginning of construction. C. PARK FEES: .......,;•:,.....:. .r :....x,� ::•'t:rr....yv..;.xFf•?..;...:i •.??•:f?: :{::.h,�.>ti• :.at:.,.f,.x..r ...f. i'.:`': f:r.<:i.; ... h,.,, 438 3 ? `r - :'> 8E�3•Ec•E � } a3 ff R;dyf;s;'4,f•; •, f. = :O } a a � t 4a• a a; f + h?{ / •.�• f.•.•::::::::•..is .. •.....:.r.•'. d1 38 } }3 d d $ 38 4e�. 3Y� f $. �::s�f.•.<:....•:.. : . •�� e d��3 . 2�'a xa E� pit x�8�a a •.�t a � a W4. "'4 $ i } d.-.d .,,?.. t�•## d s dt3,•o a +�. r. i E.8}3R s••k ^::y: 8...S.'::`:.�. :..?3E ..{,: Lk `"l 2dEt" 2 4;� . ::R;F•.� +,+�•:': : Af3•Q:B:%+@•:.. g �s;>:•::;:000;•r:?.>p�p�yy>:?.>:?:.»;:?o:•;:+.a..:;::;a:;�:::.::r:::.>:.:;.;:::::;..:::o:•::;EE}E:i::::x8;;}:;df::::}::;::.:::.::::>;:>:;>:<.:.:.:>;;;x?.:;:?.;..:>::.:a:»:.:?.::ao::a:;:::::;::;•;:•::•:•:�:::::::::::.�:. t s;: e,41si!rn ' D. PERIMETER STREET ORDINANCE: The Developer agrees to pay the Perimeter Street Fee of $50,000/mile, in accordance with Section IV, Paragraph B, sub-paragraph 2 of Ordinance No. 494. Approximately VI% feet of the Addition abuts on °: which will require a Perimeter Street Fee of$ 4 E. TREE PRESERVATION ORDINANCE: All construction activities shall meet the requirements of the Tree preservation Ordinance 585. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: Monticello Estates Joint Venture By: Title: Date: -10- CITY OF SOUTHLAKE, TEX AS By: Gary Fickes, Mayor ATTEST: Sandra LeGrand, City Secretary Date: c:1 wpfilesldevagreelmoru.est -11- co, August 23, 1994 City of Southlake 667 North Caroll Ave. Southlake, Texas 76092 It is mutually agreed that the Monticello Estates Homeowners Association will have access to and the right to use the common open spaces and jogging trails in Timber Lake. It is further agreed that the Timber Lake Homeowners Association will have access to and the rights to use the common open spaces and jogging trails in Monticello Estates. These common open spaces and jogging trails in Monrticello Estates, and Timber Lake are to be considered joint utilization amenities. Within the common open space of Timber Lake, there are tennis courts, a community pool and cabana, these amenities are for the sole use and enjoyment of the Timber Lake Homeowners Association. Likewise any tennis courts or other structures that are provided within the common open space of Monticello (6.0, Estates will be for the sole use and enjoyment of the Monticello Estates Homewoners Association. These amenities are not to have joint utilization between the Homeowners Associations. It is further agreed that the upkeep, repairs, and maintenance of the amenities, and common open space contained in Timber Lake will be the sole expense of the Timber Lake Homeowners Association. Likewise, the upkeep, repairs and maintenance of the amenities, and common open space contained in Monticello Estates will be the sole expense of the Monticello Estates Homeowners Association. A jogging trail is to be constructed within the common open space that runs north-south, between Timber Lake, and Monticello Estates (the eastern boundary of Monticello Estates. and the western boundary of Timber Lake). It is mutually agreed that Monticello Estates Joint Venture and Southlake Joint Venture will pay one half each for the construction of this jogging trail. The east- west jogging trail that is to be constructed thru the common open space of Monticello Estates will be the sole expense of Monticello Estates. Likewise all jogging trails in the Timber Lake common open space (other than the north south jogging trail discussed above) will be the sole cost of Southlake Joint Venture. T L. Wilkinson Ni olas R. DiG(seppe Joint Venture Partner Authorized Representative Monticello Estates Joint Venture Southlake Joint Venture (bre REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit (L of C) must have a duration of at least one year. 2. The L of C may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The L of C must be issued by an FDIC insured bank in a form acceptable to the City of Southiake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The L of C must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable fmancial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited fmancial statements. 6. Partial drawings against L of C must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining L of C. 9. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days prior to the expiration date on the L of C held by the City. -12- ) �.� TIMBER LAKE + `• a •. r•.- r _-fir• .\- .� + - JL S 7 t • 'r 4.•...$,4,,.. 1',1, .::,1_ .(.3.4).4.•% I%% .-,M!I i.i j... r .aw :r ".f /Mt +,/‘.1 N E.1i lsigSe IV,di,-1 1' 'i ii /• \•• -may _'.eF- ^• • Jir.r-t • i '1r-11 I„,,•V 1.1 f_/1.,10a:..O.4,:'- ......„.. .%.. .7.1<."44...\P._-•, -.I_.ft_Mea.a-r.........1 vI.1b.7.S...1 .l.•1-....,!,.•s..e••#-., .. _. 1 ... 4.. .., "1,• it/1 .... 4.---.4.4 .' , ' vo_ s ..r oi 1.11. .INI\;i1.'-4 k‘*6,. *I.ili•41 1 f II I:. , ;114ii. N • .__ \...4 ra 311 ' - 1 '.51q, , .fr. Ili .. .It, rir..-. .... lit> 4 ,,.4,.... i. It \‘s:C....- 7,04:e 4•fe711....671....st'::.. d 4401. ""K.N# Alk*.. as. 8 7 141 ,_ •• , '----A. 41:111 1 ..11,ii.V.. ' mita• ' C. ••' 1 t•• h i ..41" .. au ® lift IP _ Al.4. 4.* .,.., ,i111,-10.,44,--...-7,,,1-,. .j. It. ay • 11/41* Isi<L,..... 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I le 3 — « W, \11111I4 4 ' . MI im-•.al,—. '�■ U.�all:3 --• .. < , .J. HYDE i, I i flit II , r Ill� lR,' t/ 11vim / I. ,RJr//mow ii rompo 1, � . :.� :■ �iii .. w R ■ roil , ,GOld i //1111; . y312ifiaMI a I—n • rvid, Ali repo 1 _ �- ikcAst,. - anaanare IlliV -1,4411/18,8111/tb`kW..I t, WHOM litopV ilia at Stoi\IIII /NO 111.1 Itiii Wm all 1 iii . H. M011Ps0 y oirilcilk f Ill Aft e. W�tl" - lo/,/: l `ALL N r• sal 110 ' •r.if 11i,/!, •AL%-" ME J a im. A _____ , ___ ., ,_._ re AN i C—) "2 1 . ,Sri"tr_to'4144,t;4:; '•, •; Iiiikv,„ ait. .., . ... 1 I�1 i W TRACT MAP .11( ,v • '1 - Revised 8/1/94 ID: (hoW BLANK CITIZEN SURVEY 1994 Hello, my name is . The City of BLANK is conducting a survey of its citizens and I would like to talk with any female/male age 18 or older. (TO RESPONDENT) The city is conducting a survey to determine how citizens rate city services and to discover citizen attitudes on certain major planning and development issues facing the city. I want to stress that this survey is being conducted by the City of BLANK and not by a candidate for political office. The questions that I want to ask you will take only a few minutes and your answers will be useful to the city staff and council as they consider decisions about the future of the city. All of your answers will be kept confidential. 1. First, how long have you lived in BLANK? (DO NOT READ RESPONSES WHEN ALL IN CAPS) 1. LESS THAN 3 MONTHS (TERMINATE INTERVIEW) 2. NO LONGER LIVE IN BLANK (TERMINATE INTERVIEW) 3. 3 TO 12 MONTHS 4. 1-5 YEARS 5. 6-10 YEARS 6. MORE THAN 10 YEARS 9. NO RESPONSE/DON'T KNOW NR/DK 2. I would like to ask you a question about streets in the city. Compared to four or five years ago, has the condition of streets in the city improved, remained the same, or worsened? 1. Improved 2. Same 3. Worsened 9. NR/DK 3. The next question concerns basic city services. I am going to read a list of services and I would like you to rate each one as excellent, good, fair, or poor. Service Excellent Good Fair Poor NR/DK a. Garbage collection 1 2 3 4 9 b. Street Maintenance 1 2 3 4 9 c. Library Services 1 2 3 4 9 d. Parks 1 2 3 4 9 e. Recreational Services 1 2 3 4 9 f. Police Protection 1 2 3 4 9 g. Fire Protection 1 2 3 4 9 h. Ambulance Service 1 2 3 4 9 i. Sewer Service 1 2 3 4 9 j . Storm Drainage 1 2 3 4 9 k. Water Service 1 2 3 4 9 1. Animal Control 1 2 3 4 9 m. Senior citizen services 4. Does your household use BLANK's recycling center? 1. YES 2. NO 9. NR/DK 5. Would you be willing to pay an additional $2.00-$4.00 per month in garbage fees for a curbside recycling? 1. YES 2. NO 9. NR/DK 6. In order to maintain the appearance and quality of private property, the City of BLANK uses various regulations to control such things as high grass and weeds, abandoned and junk vehicles, and commercial property. Are these regulations very important, important, or not important to the maintenance of private property in BLANK? 1. Very important 2. Important 3. Not important 9. NR/DK (W e . 7. Generally, should the city take more action, the same amount of action, or less action in its attempt to require the maintenance of private property? 1. More. 2. Same 3. Less 9. NR/DK (hwe 0 8. We have talked about a number of city services so far. Now I am going to mention some of those services again. After I mention each service please tell me whether that service needs much, some, or no improvement keeping in mind that service improvements may result in higher taxes and fees. Much Some No NR/DK Garbage Collection 1 2 3 9 Street Maintenance 1 2 3 9 Library Services 1 2 3 9 Parks 1 2 3 9 Recreational Services 1 2 3 9 Police Protection 1 2 3 9 Fire Protection 1 2 3 9 Ambulance Service 1 2 3 9 Sewer Service 1 2 3 9 Storm Drainage 1 2 3 9 Water Service 1 2 3 9 Animal Control 1 2 3 9 9. Now I would like to ask you about contacts you have had with city officials. Have you or a member of your household contacted the City of BLANK about a complaint, request for service, or for information in the past 12 months? 1. YES (ASK Q9 A,B, AND C) 2. NO (SKIP TO Q 10) 9. NR/DK 9A. Who in the town did you contact, what person or office? 01. CITY MANAGER/ADMIN 07. POLICE 02. MAYOR OR COUNCIL 08. FIRE 03. WATER DEPARTMENT 10. PARKS AND RECREATION 04. TAX OFFICE 11. ACTION LINE (or 05. PLANNING/ZONING 12. LIBRARY 06. INSPECTIONS 13. PUBLIC WORKS 14. OTHER 99. NR/DK 9B. Were the people you contacted courteous? 1. YES 2. NO 9. NR/DK 9C. Did the results of your call resolve your problem, request, or question? 1. YES 2. NO 9. NR/DK 10. Do you think you get enough information about the issues and problems facing the city and its citizens? 1. YES 2. NO 9. NR/DK 11. In general, would you rate the management of the city with regard to city staff as excellent, good fair, or poor? 1. Excellent 3. Fair 2. Good 4. Poor 9. NR/DK 12. Do you read the city's newsletter regularly, occasionally, or never? 1. Regularly (ASK 12A) 2. Occasionally (ASK 12A) 3. Never (SKIP TO 13) 9. NR/DK 12A. Is the city's newsletter useful to you in providing information about BLANK? 1. YES 2. NO 9. NR/DK 13. Do you have cable television service in your home? (hue 1. YES (ASK 13A) 2. NO (SKIP TO 14) 9. NR/DK 2 13A. Do you regularly, occasionally, or never watch the televised meetings of the BLANK City Council on channel 7? Lie 1. Regularly (ASK 13B) 2. Occasionally (ASK 13B) 3. Never SKIP TO 14) 9. NR/DK 13B. Do you find the televised City Council meetings useful or not useful? 1. Useful 2. Not useful 9. NR/DK 14. The next few questions concern the planning and development issues that face the city as -it moves 'into the future. First, from a general point of view how do you rate BLANK as a place to live. Is it excellent, good, fair, or poor? 1. Excellent 3. Fair 2. Good 4. Poor 9. NR/DK 15. As growth in BLANK has been occurring, has the city been very successful, successful, or unsuccessful in managing that growth? 1. Very successful 2. Successful 3. Unsuccessful 9. NR/DK 16. BLANK is made up of a number of businesses and stores. As I read the following list, please tell me if BLANK needs more of each type of business. YES, MORE NO NR/DK Retail specialty stores 1 2 9 Convenience stores 1 2 9 Fast food restaurants 1 2 9 Service-oriented businesses 1 2 9 17. Thinking about new development, I'd like to list several kinds of development and ask your opinion about future development in BLANK. The first is major supermarkets. Would you want new major supermarkets in BLANK or not? Would Ilibre you want full-menu restaurants? YES NO NR/DK Major supermarkets 1 2 9 Full-menu restaurants 1 2 9 Retail shopping center 1 2 9 Large discount chain stores 1 2 9 Entertainment facilities 1 2 9 Light industry 1 2 9 Offices 1 2 9 A hospital 1 2 9 18. Please tell me if the following factors contribute to making BLANK an good place to live. Just answer yes or no as I read each factor. Factor YES NO NR/DK Close to employment centers 1 2 9 Low level of congestion 1 2 9 Quality of schools 1 2 9 General appearance 1 2 9 Rural atmosphere 1 2 9 Selection of housing 1 2 9 Large lots 1 2 9 Parks 1 2 9 19. The City of BLANK has adopted standards for landscaping, building exteriors, and signs with which new businesses must comply. In your opinion, should the city continue to enforce these standards? 1. YES 2. NO 9. NR/DK (WI 20. Do you think that the enforcement of standards for landscaping, building 3 exteriors, and signs will restrict economic development? 1. YES 2. NO 9. NR/DK ‘1,30' 21. As BLANK develops and grows, please tell which of the following is the most important for the future of the community over the next five years. Would the most important thing be low residential density, more businesses and services, low-to-moderate taxes, or a low level of congestion. 1. Low residential density 2. Higher level of businesses and services 3. Low-to-moderate taxes 4. A -low level of congestion 9. NR/DK 22. The next few questions concern land use and development. The city's comprehensive plan restricts certain kinds of land use and development to specific sections in the city. I want to ask you whether you favor or oppose several proposed developments each of which could require tax dollars roads, sewers, and utilities in order to encourage private development. a. Do you support or oppose the proposed industrial park that front on Highway 377, north of Mount Gilead? 1. Support (ASK a.1) 2. Oppose (SKIP TO b) 9. NR/DK a.l. Do you support or oppose the use of some tax dollars to partially fund this project? 1. Support 2. Oppose 9. NR/DK b. Do you support or oppose the proposed Town Center, a multi-use residential, business, and leisure district located on Highway 1709, Rufe Snow, BLANK Smithfield Road, and Bear Creek? 1. Support (ASK b.1) 2. Oppose (SKIP TO c) 9. NR/DK (111, b.l. Do you support or oppose the use of some tax dollars to partially fund this project? 1. Support 2. Oppose 9. NR/DK c. Would you support or oppose an Old Town Redevelopment district located on Highway 377? 1. Support (ASK c.1) 2. Oppose (SKIP TO 21) 9. NR/DK c.l. Do you support or oppose the use of some tax dollars to partially fund this project? 1. Support 2. Oppose 9. NR/DK 23. If there were another bond election please tell me which of the projects you think should be included in the bond package and which should not be included. Pro-iect Include Don't include NR/DK a. Residential street improvements 1 2 9 b. Major street and thoroughfare improvements 1 2 9 c. Drainage improvements 1 2 9 d. A fire truck 1 2 9 e. A police and fire training facility 1 2 9 f. A public works service center 1 2 9 g. An outdoor warning siren 1 2 9 h. Police and fire communications equipment 1 2 9 (4oe IF YES TO ANY PROJECT ASK 4 23A. If a tax increase were necessary to fund these projects, would you still be supportive if your city taxes increased by: Increase YES NO NR/DK Lie a. less than 5 percent 1 2 9 b. 5-10 percent 1 2 9 c. 10-15 percent 1 2 9 d. more than 15 percent 1 2 9 24. Now for the last few questions, I would like to ask you several things about yourself so that we can develop a general profile of our sample. First of all, do you own your home or do you rent? 1. Own 2. Rent 9. NR/DK 25. Into which of the following age groups do you fall? 1. 18-25 3. 36-45 5. 61-70 2. 26-35 4. 46-60 6. 71 and over 9. NR/DK 26. How many years of education have you completed? 1. 8 OR LESS 5. 16, COLLEGE GRAD 2. 9-11, SOME HIGH SCHOOL 6. 17 OR MORE, GRAD SCHOOL/GRAD DEGREE 3. 12, HIGH SCHOOL GRAD 9. NR/DK 4. 13-15, SOME COLLEGE 27. I am going to read several different income categories. Without telling me your exact income, into which category did your total household income for the past year fall? 1. under $15,000 3. 25,001-50,000 5. Over 100,00 2. 15,000-25,000 4. 50,001-100,000 9. NR/DK 28. Do you have any children age 18 or younger living in your household? 1. YES 2. NO 9. NR/DK 29. Looking ahead for the next several years, do you plan on remaining in BLANK? (kWe 1. YES (SKIP TO 30) 2. NO (ASK 29A) 9. NR/DK 29A. What is the primary reason causing you to consider leaving BLANK? 1. COST OF HOUSING 2. BETTER PUBLIC SCHOOLS 3. JOB RELOCATION 4. MOVE TO LARGER TOWN 5. CLOSER TO JOB 6. ACCESS TO EMPLOYMENT 7. ACCESS TO SHOPPING 8. POLITICAL UNREST 9. NR/DK OTHER, Thank you very much for your time and cooperation. We believe that this project will help town officials provide better services to all citizens. INTERVIEWER: RECORD GENDER OF RESPONDENT 1. FEMALE 2. MALE 9. NR/DK (NW BLANK1 CITIZEN SURVEY 1993 STATUS Respondent Telephone Number Contact made on call: 1 2 3 4 5 6 Interview date: Hello, my name is . The Survey Research Center of the University of North Texas is conducting a citizen survey for the City of BLANK1 and I would like to talk with any person age 18 or older. (TO RESPONDENT) The city is conducting a survey to determine the image citizens have of the city and how they rate city services. I want to stress that this survey is being conducted by the City of BLANK1 and not by a candidate for political office. The questions that I want to ask you will take only a few minutes and your answers will be useful to city staff and council as they consider decisions about the future of the city. All of your answers will be kept confidential. 1. First, do you receive a water bill from the City of BLANK1 or do you live in the City of BLANK1? 1. Yes (ASK 1A) 2. NO (TERMINATE) 1A. First, how long have you lived in BLANK1? (DO NOT READ RESPONSES WHEN ALL IN CAPS) 1. LESS THAN 3 MONTHS (TERMINATE INTERVIEW) (ble 2. NO LONGER LIVE IN BLANK1 (TERMINATE INTERVIEW) 3. 3 TO 12 MONTHS 4. 1-5 YEARS 5. 6-10 YEARS 6. MORE THAN 10 YEARS 9. NO RESPONSE/DON'T KNOW (NR/DK) (TERMINATE INTERVIEW) 2. Generally, would you rate the quality of life in BLANK1 as excellent, good, fair, or poor? 1. Excellent 2. Good 3. Fair 4. Poor 9. NR/DK 3. Now thinking only about your neighborhood. In terms of cleanliness, quality of houses, and general appearance, would you rate the condition of your neighborhood as excellent, good, fair, poor? 1. Excellent 2. Good 3. Fair 4. Poor 9. NR/DK 4. How much do each of the following factors contribute to making BLANK1 an attractive place to live. As I read each factor please tell me whether it contributes a lot, a little, or not at all to the city as a place to live. Factor A lot A little Not at all NR/DK Close to employment centers 1 2 3 9 Quality of schools 1 2 3 9 Selection of housing 1 2 3 9 Safe place to live 1 2 3 9 Clean and attractive 1 2 3 9 Parks and open spaces 1 2 3 9 Proximity to D/FW metroplex 1 2 3 9 (ime Recreational opportunities 1 2 3 9 - 5. Have you or a member of your family used the BLANK1 Public Library in the past year? cmy.- 1. YES (ASK Q5A,5B) 2. NO (SKIP TO Q6) 9. NR/DK 5A. Generally, are you very satisfied, somewhat satisfied, somewhat dissatisfied, or very dissatisfied with the library and its services? 1. Very satisfied 3. Somewhat dissatisfied 2. Somewhat satisfied 4. Very dissatisfied 9. NR/DK 5B. Please rate the following library services as excellent, good, fair, or poor. Excellent Good Fair Poor NR/DK a. Hours of operation 1 2 3 4 9 b. Book selection 1 2 3 4 9 c. Special programs 1 2 3 4 9 d. Availability of materials 1 2 3 4 9 e. Staff helpfulness and courtesy 1 2 3 4 9 6. Next, I'm going to ask you questions about parks and recreation facilities and programs. First, thinking only about facilities such as parks, picnic areas, ball fields, swimming pools, recreation centers, and so forth, have you or a member of your household used any BLANK1 park or recreation facility in the past 12 months? 1. YES (ASK Q6A,6B) 2. NO (SKIP TO Q7) 9. NR/DK 6A. How often did you use the facilities? [INTERVIEWER:CODE CORRECT RESPONSE] 1. ALMOST DAILY 2. AT LEAST ONCE A WEEK 3. AT LEAST ONCE A MONTH (Wre 4. LESS THAN ONCE A MONTH 6B. Regarding the facilities you have used, are you very satisfied, somewhat satisfied, somewhat dissatisfied or very dissatisfied with each of the following? Very Somewhat Somewhat Very NR/DK sat sat dissat dissat a. Hours of operation 1 2 3 4 9 b. Personal safety 1 2 3 4 9 c. Location 1 2 3 4 9 d. Cleanliness 1 2 3 4 9 e. Overall quality 1 2 3 4 9 7. Now, thinking only about park and recreation programs such as athletic programs, adult and youth leisure programs, aerobics classes, and so forth, have you or a member of your household participated in any BLANK1 park or recreation program in the past 12 months? 1. YES (ASK Q7A,7B) 2. NO (SKIP TO Q8) 9. NR/DK 7A. IF YES: In the past twelve months how many programs has your household participated in? [INTERVIEWER: CODE RESPONSE] 1. 1 3. 4-6 5. More than 10 2. 2-3 4. 7-10 9. NR/DK L • 7B. Regarding the programs your household has participated in, are you very satisfied, somewhat satisfied, somewhat dissatisfied, or very dissatisfied with each of the following? (kiNrY ' Very Somewhat Somewhat Very' NR/DK sat sat dissat dissat a. Quality of instruction 1 2 3 4 9 b. Program costs 1 2 3 4 9 c. Variety of Programs 1 2 3 4 9 d. Scheduling 1 2 3 4 9 e. Staff helpfulness and courtesy ,1 2 3 4 9 8. Have you played golf on the city's municipal course in the past year? 1. YES (ASK Q8A,8B) 2. NO (SKIP TO Q9) 9. NR/DK 8A. About how many times did you play? 1. SEVERAL TIMES A WEEK 2. SEVERAL TIMES A MONTH 3. SEVERAL TIMES A YEAR 9. NR/DK 8B. Please tell me if you are very satisfied, somewhat satisfied, somewhat dissatisfied, or very dissatisfied with each of the following? Very Somewhat Somewhat Very NR/DK sat sat dissat dissat a. Course maintenance 1 2 3 4 9 b. Green fees 1 2 3 4 9 c. Quality of the clubhouse 1 2 3 4 9 d. Availability of tee times 1 2 3 4 9 e. Staff helpfulness and courtesy 1 2 3 4 9 (4we 9. The City of BLANK1 provides enforcement programs that address code compliance, and environmental health and safety concerns. In each of the following areas how effective is the enforcement program? As I mention each program, just answer very effective, somewhat effective, or somewhat ineffective, or very ineffective. Very Somewhat Somewhat Very NR/DK Area Effective Effective Ineffective Ineffective High grass and weeds 1 2 3 4 9 Junk vehicles 1 2 3 4 9 Litter 1 2 3 4 9 Illegal dumping 1 2 3 4 9 Property Cleanliness 1 2 3 4 9 10. The City of BLANK1 regulates land use through zoning ordinances. Would you rate BLANK1's zoning as excellent, good, fair, or poor? 1. Excellent 3. Fair 2. Good 4. Poor 9. NR/DK 11. In the past 12 months, did garbage collectors ever miss picking up your trash on the scheduled pick-up days? IF YES ASK: About how many times did this happen? 1. NO, NEVER MISSED 3. YES, 3-4 TIMES 2. YES, 1-2 TIMES 4. YES, 5 OR MORE 9. NR/DK 12. Do you participate in the city's recycling program by placing recyclables curbside for pickup? 1. YES 2. NO 9. NR/DK L • 13. Would you rate the city's recycling program as excellent, good, fair, or poor?Lifie . 1. EXCEL'LENT 2. Good 3. Fair 4. Poor 9. NR/DK 14. Have anyproblems withyour water or sewer billings in the past 12 a e you had g months? 1. YES (ASK 14A, 14B) 2. NO (SKIP TO Q15) 9. NR/DK 14A. What problem did you have? 1. INCORRECT BILLING 2. METER READING ERROR 3. PAYMENT NOT CREDITED 4. RECEIVED DELINQUENT NOTICE ERRONEOUSLY 5. OTHER, SPECIFY 14B. Was the problem satisfactorily resolved? 1. YES 2. NO 9. NR/DK 14C. Was the staff very helpful, somewhat helpful, somewhat unhelpful, very unhelpful? 1. very helpful 3. somewhat unhelpful 9. NR/DK 2. somewhat helpful 4. very unhelpful 15. How would you rate BLANK1's animal control program? Would you rate it as excellent, good, fair, or poor? 1. Excellent 3. Fair 2. Good 4. Poor 9. NR/DK 7. 16. The next several questions concern the BLANK1 Police Department. First, would you rate the BLANK1 Police Department's overall performance as excellent, good, fair, or poor? 1. Excellent 3. Fair 2. Good 4. Poor 9. NR/DK 17. Have you or any member of your family requested the services of, or come into contact with, BLANK1's Police Department during the past year? 1. Yes (ASK Q17A and Q17B) 2. No (SKIP TO Q18) 9. NR/DK 17A. What type of contact did you have with the Police Department? 1. STOPPED FOR A TRAFFIC VIOLATION 2. CALLED FOR INFORMATION 3. CALLED TO REPORT A CRIME 4. REPORTED SUSPICIOUS ACTIVITY 5. REPORTED TRAFFIC ACCIDENT 6. OTHER, 9. NR/DK 17B. Now I would like for you to rate the performance of the BLANK1 Police Department in three specific areas as being excellent, good, fair, or poor. The first area is "speed in responding to calls. " Would you rate the BLANK1 Police Department as excellent, good, fair, or poor in this area? INTERVIEWER: REPEAT FOR EACH AREA. Excellent Good Fair Poor NR/DK Le Speed in Responding 1 2 3 4 9 to calls Courtesy 1 2 3 4 9 Professionalism 1 2 3 4 9 J. 18. Have you or anyone in your household called the BLANK1 Fire Department for assistance with a fire in the past year? 1. Yes (ASK Q18A) 2. No (SKIP TO Q19) 9. NR/DK (lbw , 18A. Would you rate the service provided by the fire depart- ment as excellent, good, fair, or poor? 1. Excellent 3. Fair 2. Good 4. Poor 9. NR/DK 19. Have you or anyone in your household called the BLANK1 Fire Department for an ambulance or other paramedic service during the . , past year? 1. YES (ASK Q19A) 2. NO (SKIP TO Q20) 9. NR/DK 19A. Would you rate the ambulance or paramedic service as excellent, good, fair, or poor? 1. Excellent 3. Fair 2. Good 4. Poor 9. NR/DK 20. Next, I'm going to read a list of city services. After I mention each service, please tell me whether that service needs much improvement, some improvement, or no improvement: Much Some No NR/DK a. Street maintenance 1 2 3 9 b. Street lighting 1 2 3 9 c. Garbage collection 1 2 3 9 d. Water and sewer 1 2 3 9 e. Storm water drainage 1 2 3 9 f. Police services 1 2 3 9 g. Fire services 1 2 3 9 (111, h. Library services 1 2 3 9 i. Parks and recreation facilities 1 2 3 9 j . Organized recreation programs 1 2 3 9 [INTERVIEWER: FOR EACH SERVICE NEEDING MUCH OR SOME IMPROVEMENT, ASK:] 20A. You mentioned that needs improvement. Would you place a high, medium, or low priority on improving [FOR EACH RESPONDENT RECORD SERVICES NEEDING NO IMPROVEMENT IN "NI" COLUMN] High Medium Low NI NR/DK a. Street maintenance 1 2 3 4 9 b. Street lighting 1 2 3 4 9 c. Garbage collection 1 2 3 4 9 d. Water and sewer 1 2 3 4 9 e. Storm water drainage 1 2 3 4 9 f. Police services 1 2 3 4 9 g. Fire services 1 2 3 4 9 h. Library services 1 2 3 4 9 i. Parks and facilities 1 2 3 4 9 j . Organized recreation 1 2 3 4 9 programs 21. Now I would like to ask you about contacts you have had with city officials. Have you or a member of your household contacted the City of BLANK1 about a complaint, request for service, or for information in the past 12 months? 1. YES (ASK Q21 A,B, C, AND D) 2. NO (SKIP TO Q22) 9. NR/DK Cr • 21A. Who in the city did you contact, what person or office? (Nue O1. CITY MANAGER 08. POLICE 02. MAYOR OR COUNCIL ' 09. FIRE 03. WATER DEPARTMENT 10. PARKS AND RECREATION 04. TAX OFFICE 11. STREET 05. PLANNING/ZONING 12. LIBRARY 06. BUILDING INSPECTIONS 13. CITY ATTORNEY 07. CODE COMPLIANCE 14. ENGINEERING 15. OTHER 99. NR/DK 21B. Were the people you contacted courteous? 1. YES 2. NO 9. NR/DK 21C. Did the call resolve your problem, request, or question? 1. YES 2. NO 9. NR/DK 21D. If contact was made by telephone., did you have any difficulty reaching the office you were calling such as being transferred several times, no answer, or getting disconnected? 1. YES 2. NO 3. OTHER THAN PHONE 9. NR/DK 22. Referring only to the professional management staff of the city, such as city manager, department heads, and not the mayor or city council, generally how would you rate the way the City of BLANK1 is managed? Is it excellent, good, fair, or poor? 1. Excellent 2. Good 3. Fair 4. Poor 9. NR/DK 23. Do you think you get enough information about the issues and problems (lime facing the city and its citizens? 1. YES 2. NO 9. NR/DK 24. Is the city's newsletter useful to you in providing information about BLANK1? 1. YES 2. NO 9. NR/DK 25. Do you get most of your news about BLANK1 from the city newsletter, the BLANK1 Courier-Gazette, the BLANK1 Messenger, the Dallas Morning News, network television channels (such as 4, 5, and 8) , cable-access channels or radio broadcasts? 1. City newsletter 5. Cable TV 2. BLANK1 Courier-Gazette 6. Radio 3. Morning News 7. BLANK1 Messenger 4. Network TV 8. None of these 9. NR/DK 26. How familiar are you with BLANK1's Municipal Airport? Are you very familiar, somewhat familiar, or not familiar with the municipal airport? 1. Very familiar (ASK Q26A) 2. Somewhat familiar (ASK Q26A) 3. Not familiar (SKIP TO Q27) 9. NR/DK 26A. How important is BLANK1's Municipal Airport to the city's economy? Is it a very important, somewhat important, or not important part of the city's economy? 1. Very important 2. Somewhat important 3. Not important 9. NR/DK 27. Are you aware that there are a number of historic homes, structures and other (110, properties located in BLANK1? 1. YES (ASK 27A) 2. NO (SKIP TO Q28) 9. NR/DK 27A. Would you rate the city's effort at preserving historic homes, structures and other properties as excellent, good, fair, or poor? (11001 1. Excellent 2. Good 3. Fair 4. Poor 9. NR/DK 28. Now for the last few questions, I would like to ask you several things about yourself so that we can develop a general profile of our sample. First of all, do you own your home or do you rent your home or apartment? 1. Own 2. Rent 9. NR/DK 29. Into which of the following age groups do you fall? 1. 18-25 3. 36-45 5. 61-70 2. 26-35 4. 46-60 6. 71 and over 9. NR/DK 30. Is your place of employment in BLANK1? 1. YES 2. NO 9. NR/DK 31. How many years of education have you completed? 1. 8 OR LESS 5. 16, COLLEGE GRAD 2. 9-11, SOME HIGH SCHOOL 6. 17 OR MORE, GRAD SCHOOL/GRAD DEGREE 3. 12, HIGH SCHOOL GRAD 9. NR/DK 4. 13-15, SOME COLLEGE 32. I am going to read several different income categories. Without telling me your exact income, into which category did your total household income for the past year fall? (kW 1. Less than $15,000 3. 25,001-40,000 5. Over 60,000 2. 15,000-25,000 4. 40,001-60,000 9. NR/DK 33. Do you have any children age 18 or younger living in your household? 1. YES (ASK Q33A) 2. NO (SKIP TO Q34) 9. NR/DK 33A. Are any of the children in your household: YES NO NR/DK a. Less than 6 years old? 1 2 9 b. 6-12 years old 1 2 9 c. 13-18 years old 1 2 9 34. Looking ahead for the next several years, do you plan on remaining in BLANK1? 1. YES (SKIP TO 35) 2. NO (ASK 34A) 9. NR/DK 34A. What is the primary reason causing you to consider leaving BLANK1? 1. COST OF HOUSING 2. BETTER PUBLIC SCHOOLS 3. JOB RELOCATION 4. MOVE TO LARGER/SMALLER TOWN 5. CLOSER TO JOB 6. ACCESS TO EMPLOYMENT 7. ACCESS TO SHOPPING 8. COMMUNITY INSTABILITY 9. NR/DK 10. OTHER 35. Are you registered to vote? 1. YES 2. NO 9. NR/DK L . - 36. Finally, I want to ask you about the location of your home or neighborhood. . (100' 3 ' Thank you very much for your time and cooperation. We believe that this project will help city officials provide better services to all citizens. INTERVIEWER: RECORD GENDER OF RESPONDENT 1. FEMALE 2. MALE 9. NR/DK • (we • BLANK2 CITIZEN SURVEY 1994 (Impe Respondent Telephone Number Contact made on call: 1 2 3 4 5 Interview date: Hello, my name is . The City of BLANK2 is conducting a survey of its citizens and I would like to talk with any female/male age 18 or older. (TO RESPONDENT) The city is conducting a survey to determine how citizens rate city services and to discover citizen attitudes on certain major planning and development issues facing the city. I want to stress that this survey is being conducted by the City of BLANK2 and not by a candidate for political office. The questions that I want to ask you will take only a few minutes and your answers will be useful to the city council as they consider decisions about the future of the city. All of your answers will be kept confidential. Is your home located within the city limits of BLANK2, so that people in your area can vote for the BLANK2 mayor and city council? 1. YES CONTINUE 2. NO TERMINATE 3. NR/DK TERMINATE 1. First, how long have you lived in BLANK2? (DO NOT READ RESPONSES WHEN ALL IN CAPS) 1. LESS THAN 3 MONTHS (TERMINATE INTERVIEW) (we 2. NO LONGER LIVE IN BLANK2 (TERMINATE INTERVIEW) 3. 3 TO 12 MONTHS (ASK LA) 4. 1-5 YEARS (ASK 1A) 5. 6-10 YEARS (ASK 1A) 6. MORE THAN 10 YEARS (ASK 1A) 9. NO RESPONSE/DON'T KNOW NR/DK (ASK 1A) 1A. How long have you lived at your current address? 1. 3 TO 12 MONTHS 2. 1-5 YEARS 3. 6-10 YEARS 4. MORE THAN 10 YEARS 9. NR/DK 2. I would like to ask you a question about streets in the city. Compared to four or five years ago, has the condition of streets in the city gotten better, remained the same or gotten worse? 1. Better 2. Same 3. Worse 9. NR/DK 3. Please tell me if the following things are very important, important, unimportant, or very unimportant to BLANK2. Item Very Important Unimportant Very NR/DK important unimportant a. Improved streets 1 2 3 4 9 b. Sidewalks 1 2 3 4 9 c. Curbs and gutters 1 2 3 4 9 4. Does the City of BLANK2 need to provide more park and recreational facilities? 1. YES (ASK Q4A-C) 2. NO (SKIP TO Q5) 9. NR/DK (we 4A. As I read the following list, please tell me whether each facility mentioned would be beneficial to the community. Facility YES NO NR/DK core a. Walking, jogging and bicycle trails 1 2 9 b. Tennis courts 1 2 9 c. Recreation/fitness center 1 2 9 d. Another swimming pool 1 2 9 e. A golf course 1 2 9 4B. Please tell me which of the facilities you listed is the most important. (INTERVIEWER: CIRCLE ONLY ONE RESPONSE.) a. Walking, jogging and. bicycle trails 1 2 9 b. Tennis courts 1 2 9 c. Recreation/fitness center 1 2 9 d. Another swimming pool 1 2 9 e. A golf course 1 2 9 4C. Please tell me which of the facilities you listed is the second most important. (INTERVIEWER: CIRCLE ONLY ONE RESPONSE.) a. Walking, jogging and bicycle trails 1 2 9 b. Tennis courts 1 2 9 c. Recreation/fitness center 1 2 9 d. Another swimming pool 1 2 9 e. A golf course 1 2 9 5. Do you rate the city's trash and solid waste collection as excellent, good, fair, or poor? 1. Excellent 3. Fair 2. Good 4. Poor 9. NR/DK 6. Would you be very interested, interested, or not interested in the city providing a service for the pick up of tree limbs, brush, and other large items if it meant somewhat higher solid waste collection fees? 1. Very interested 2. Interested 3. Not interested 9. NR/DK 7. Now please think about emergency services in BLANK2. Would you rate Mont Belvieu's police services as excellent, good, fair, or poor? 1. Excellent 3. Fair 2. Good 4. Poor 9. NR/DK 8. Would you rate BLANK2's fire service as excellent, good, fair, or poor? 1. Excellent 3. Fair 2. Good 4. Poor 9. NR/DK 9. Would you rate BLANK2's ambulance service as excellent, good, fair, or poor? 1. Excellent 3. Fair 2. Good 4. Poor 9. NR/DK 10. As BLANK2 grows there may be a need for apartments and other multi-family housing units. In your opinion, does BLANK2 need more multifamily housing units? 1. YES 2. NO 9. NR/DK 11. Does the appearance of commercial and retail signs in BLANK2 detract from the appearance of the city a lot, a little, or not at all? 1. A lot 2. A little 3. Not at all 9. NR/DK (we 12. We have talked about a number of city services so far. Now I am going to mention some of those services again, along with some other services. After I mention each service please tell me whether that service needs much, some,. Lieor no improvement. 3 Much Some No NR/DK Garbage Collection 1 2 3 9 Street Maintenance 1 2 3 9 Parks 1 2 3 9 Recreational Services 1 2 3 9 Police Protection 1 2 3 9 Fire Protection 1 2 3 9 Ambulance Service 1 2 3 9 Sewer Service 1 2 3 9 Storm Drainage 1 2 3 9 Water Service 1 2 3 9 Animal Control 1 2 3 9 13. Do you think you get enough information about the issues and problems facing the city and its citizens? 1. YES 2. NO 9. NR/DK 14. Is the city's newsletter useful to you in providing information about BLANK2? 1. YES 2. NO 9. NR/DK 15. The next few questions concern the planning and development issues that face the city as it moves into the future. First, from a general point of view do you rate BLANK2 as an excellent, good, fair, or poor place to live. 1. Excellent (ASK 15A) 3. Fair (ASK 15A) 2. Good (ASK 15A) 4. Poor (ASK 15A) 9. NR/DK 15A. What to you rate BLANK2 as an place to live? 5. As the city exists today, do you believe continued growth will improve, have no effect on, or detract from the quality of life in BLANK2? 1. Improve 2. Not effect 3. Detract 9. NR/DK 17. As growth in BLANK2 has been occurring and is expected to continue, do you think that land use controls will be very helpful, helpful or not helpful as the city tries to manage growth? 1. Very helpful 2. Helpful 3. Not helpful 9. NR/DK 113. I'd like to list a few kinds of development and ask your opinion about future development in BLANK2. The first is retail stores. Would you want more retial stores in BLANK2 or not? Would you want new major supermarkets in BLANK2? (INTERVIEWER: CONTINUE LIST) YES NO NR/DK Retail stores 1 2 9 Major supermarkets 1 2 9 A full-menu restaurants 1 2 9 More single family housing 1 2 9 More apartments and rental housing 1 2 9 19. Should BLANK2 try to distinguish itself from surrounding communities? 1. YES (ASK 19 A-D) 2. NO (SKIP TO 20) 9. NR/DK (re' • - 19A-D. As I read a list of services and characteristics please tell whether each would contribute a lot, a little, or not at all to BLANK2's effort to distinguish itself for other communities. Item A lot A little Not at all NR/DK Lie a. A superior park system 1 2 3 9 b. Superior public services 1 2 3 9 c. Design and appearance regulations (signs, open space, landscaping) 1 2 3 9 d. Low density development 1 2 3 9 20. In order to promote quality development, the City of BLANK2 has developed standards for landscaping, building exteriors, and parking with which businesses must comply. In your opinion, should the city continue to enforce these standards, or should these standards be changed. 1. Enforce 2. Change 9. NR/DK 21. BLANK2 is known now as a low density, residential community. Should the city continue to promote economic development if it means losing some of the community's low density, residential character? 1. YES 2. NO 9. NR/DK 22. For the next few questions I'd like to ask you some things about your neighborhood. First, are most of the houses in your neighborhood. . . 1. Single family houses 2. Townhouses or duplexes 3. Condominiums or apartments 4. Mobile homes 9. NR/DK 23. Is your neighborhood deed restricted? 1. YES (ASK 23A) 2. NO (SKIP TO 24) 9. NR/DK 23A. Does your neighborhood have an active civic club or neighborhood association that oversees the deed restrictions in your area 1. YES 2. NO 9. NR/DK 24. Would you rate the overall quality of your neighborhood in terms of such things as the condition of houses, streets, and landscaping as excellent, good, fair, or poor? 1. Excellent 3. Fair . 2. Good 4. Poor 9. NR/DK 25. What is the most serious problem facing people in your neighborhood today? INTERVIEWER: CIRCLE ONE RESPONSE OR ENTER PROBLEM AS OTHER--IF NO PROBLEM MENTIONED SKIP TO 26 1. CRIME 7. APPEARANCE OF NEIGHBORHOOD 2. DRUGS 8. INADEQUATE CITY SERVICES 3. TRAFFIC 10. STREETS 4. BUSINESS LOCATED TOO CLOSE 11. DRAINAGE 5. ACCESS TO PARKS AND RECREATION 12. QUALITY OF HOUSES 6. INADEQUATE LANDSCAPING 13. NO SERIOUS PROBLEM 14. OTHER, 99. NR/DK (We FOR THOSE RESPONDENTS WHO IDENTIFIED A PROBLEM ASK 25A. What is the second most serious problem facing people in your neighborhood today? 1. CRIME 7. APPEARANCE OF NEIGHBORHOOD ie 2. DRUGS 8. INADEQUATE CITY SERVICES 3. TRAFFIC 10. STREETS 4. BUSINESS LOCATED TOO CLOSE 11. DRAINAGE 5. ACCESS TO PARKS AND RECREATION 12. QUALITY OF HOUSES 6. INADEQUATE LANDSCAPING 13. NO SERIOUS PROBLEM 14. OTHER, 99. NR/DK 26. Are there any things happening near your neighborhood that are creating a problem for people living in your neighborhood? 1. YES (ASK 26A) 2. NO (SKIP TO 27) 9. NR/DK 26A. What kinds of things are happening? 27. Suppose a neighbor decided to start a day care service for five or six children in his or her home during working hours. Would that be acceptable or unacceptable ,to you? 1. Acceptable (SKIP TO 28) 2. Unacceptable (ASK 27A) 9. NR/DK. 27A. Why would that be unacceptable? 28. More generally, how do you feel about home-based businesses in your neighborhood, such as music lessons, bookkeeping services, or a beauty shop? Assuming you could not tell from the outside that a neighbor had a business in their home, would a home-based business be acceptable or unacceptable to you? _ 1. Acceptable (ASK 28B) _2. Unacceptable (ASK 28A) 9. NR/DK I_28A. Why would that be unacceptable? 28B. Assuming you could tell from the outside that a neighbor had a business in their home, would a home-based business be acceptable or unacceptable to you? 1. Acceptable (SKIP TO 29) 2. Unacceptable (ASK 28B.1) 9. NR/DK 28B.1. Why would that be unacceptable? 29. Here are some statements about land use controls. As I read each one, please tell me whether you agree or disagree with it: AGREE DiSAGREE NR/DK a. Land use controls help protect property values of homes in residential neighborhoods 1 2 9 b. Land use regulations will not make much of a difference in the city 1 2 9 c. Land use controls will push up the cost of housing 1 2 9 d. Land use controls will help protect the quality of life in BLANK2 neighborhoods 1 2 9 30. BLANK2 is considering adopting a comprehensive land use plan and a copy of the plan was sent to all city residents. Did you receive a copy of the comprehensive plan in the mail? 1. YES (ASK 30A) 2. NO (ASK TO 30B) 9. NR/DK 30A. Did you review the plan? 1. YES (ASK 30B) 2. NO (SKIP TO 30B) 9. NR/DK Cr' • 30B. Are you generally in favor of the city adopting the plan? 1. YES (ASK 30C) 2. NO ASK: Why do you oppose the plan? (SKIP TO Q31) 9. NR/DK 30C. In order to implement the land use plan, the city will have to consider adopting regulations that control general land and property use, building sizes, and the amount of space buildings can cover on a lot. Do you strongly support, support, oppose, strongly oppose, or are you neural toward adopting such regulations. 1. Strongly support 3. Neutral 5. Strongly oppose 2. Support 4. Oppose 9. NR/DK 31. Now for the last few questions, I would like to ask you several things about yourself so that we can develop a general profile of our sample. First of all, do you own your home or do you rent? 1. Own 2. Rent 9. NR/DK 32. What kind of home do you live in? Is it a. . . 1. Single family home 2. Townhouse or duplex 3. Condominium or apartment 4. Mobile home 9. NR/DK 33. Into which of the following age groups do you fall? 1. 18-25 3. 36-45 5. 61-70 2. 26-35 4. 46-60 6. 71 and over 9. NR/DK 34. Are you employed fulltime, part-time, presently unemployed, retired, or are you a student, or homemaker? 1. Fulltime 3. Unemployed 5. Student (hwe 2. Part-time 4. Retired 6. Homemaker 9. NR/DK 35. Are you married, separated, divorced, widowed, or never married? 1. Married (ASK 35A) 4. Widowed 2. Separated 5. Never married 3. Divorced 9. NR/DK 35A. Is your (husband/wife) employed fulltime, part-time, presently unemployed, retired, or is (he/she) a student, or homemaker? 1. Fulltime 3. Unemployed 5. Student 2. Part-time 4. Retired 6. Homemaker 9. NR/DK 36. How many years of education have you completed? 1. 8 OR LESS 4. 13-15, SOME COLLEGE 2. 9-11, SOME HIGH SCHOOL 5. 16 OR MORE, COLLEGE GRAD/GRAD SCHOOL/GRAD DEGREE 3. 12, HIGH SCHOOL GRAD 9. NR/DK 37. I am going to read several different income categories. Without telling me your exact income, into which category did your total household income for the past year fall? 1. under $15,000 3. 25,001-50,000 5. Over 100,00 2. 15,000-25,000 4. 50,001-100,000 9. NR/DK 38. Do you have any children age 18 or younger living in your household? 1. YES (ASK 38A) 2. NO (SKIP TO 39) 9. NR/DK 38A. Are any of the children in your household: YES NO NR/DK a. Less than 6 years old? 1 2 9 b. 6-12 years old 1 2 9 (hir c. 13-18 years old 1 2 9 6 39. Countin 1 1 g yourself, how 2. 2 4many 4 5people live 5in6your household? Looking ahead for the in B 6• •9 or more 1 YEI' C2? next several ' 9 /DIC 41. S 2. No Years, do you plan on remaining (iNT$RyI$which g wERr EAD the following g 1. R LIST) I'ANK2 9• NR/DK Cherry point neighborhoods 2. Old River C do you live? 3. Fisher' Country 4. Crown s Landing Colony 5. The Hill 42. How idmuch do you this 6. Other, you saY the homes in your neig9. hborhood 31• Less than ghborhood : $30,000-$50300000 generally sell for? $50,000-$75,000 4. $75,000_ $100,000 Thank you v ,000- ,000 project will helpuch for your time 6. more than$$200,000 9.town officials and cooperation. NR/DK INTERVIEWER: provide We believe 1. FEMALE RECORD GENDER OF services to allthat this better • 2. FOND citizens 9. NR/DK • 1) Kal.ER CITY LW 1, MDCK I ZONED COMM84CML LUZ BIG BEAR CREEK OMF 4.97 ar- Legend_ 100-Year Floociplain Existing Trees Target Greens Mounds & Berms Big Bear Creek XXXXXXXX-Proposed Mesh Netting (7 GE PowreSpot s Tdw* 419 III Floodlights) APPROXMIM UWTS 03 Practice TW 430' x Mat Practice Tee X, 4rsbaw cres - V (Concrete-40 Stations) F PROPERTY L1w LAND OWNER JODIE BAER (0.5 M) PROPOSED PROPERTY LAIE sm a, 00-wi t 6' Wood Fence PROPERTY LVE REQUIRED BUFFEFTYARDS Accent Trees Required Provided Campy Nor4ll-1,0301 101-m" mcm 31 Trees 62 - A 6' stood s*Dckm* face is moctized ?b be conslirueftc! an the Ix"ty kw in adckbon to go abows 10100 ad F Concept Plan For Specific Use Permit - Golf Driving Range Bia ear Creek Keller And Southlake, Tarrant County, Texas Prepared for MR. RON KREBS 1912 Hurstview Hurst, Texas 76054 Designed br GRI DESIGN, INC. F'- '— 6000 N. O'Connor Blvd 1— Suite 106 14, Irving. Texas 75039 PH (214) 931-92010 FAX (214) 031-1616 r 0 25 W 100 197 SCALE-- V = 100' AUGUST 17, 1994 REVISIONS: SEPTEMBER 23, 1994 NOVEMBER 7, 1994 Vicinity Map_ LAW OWNM - COWMML "ff VENTURE Low Water Cmsskv 20MM SF20A Al Exis*V Graft LUML NIEDLAI DEW" FMISIDENTIAL Proposed Mesh Wtft LAND OWNER - 6UHRANNAN LAND OWNER - ED PONDER ..<-- ZONED AG LUZ. AGRICIAMMUROOOPLAN 4b APPROICUM UINTS 100VEAR PLOCIDPIA t I RAND P CARLSON AND WIFE ---, l___GENERAI- ulMiTb OF EXISTING TREE COVERAGE SHERRILL G CARLSON VOL 9093, PAGE 1973 ZONING AG L,U.D. = LOW DENSITY RESIDENTIAL i u CA - O ; WW � _ n Q , X IS.218 ACRE TRACT i J.C. ALLEN SURVEY cy ABSTRACT NO,. 18 CITY OF SOUTHLAKE, u -ARRANT COUNTY, TX, 0 00 0D , 1 JOiPH MORTAZAVI AND WIFE KIMIELA MORTAZAVi VOL. 10299: PAGE 1354 ZONING AG LU•D. = LOW DENSITY RESIDENTIAL JOSEPH MORTAZAVI AND WrFE VOL 9318, PAGE 1837 LON G HAWKINS AND WiFE KAREN K HAWKINS VOL 8563 PAGE 720 'C`' FuTURE RECREATION AREA NO LX( HTS OR SOUND SYSTEM ZONING AG LJ.D, = LOW DENSITY RESIDENTIAL FuTURE RECREATION AREA NO LX( HTS OR SOUND SYSTEM ZONING AG LJ.D, = LOW DENSITY RESIDENTIAL 1 EXISTING POND TO BE REVISED FOR STORM WATER / DRAINAGE RETENTION REFER TO ATTACHED DRAINAGE STUDY. LANDSCAPED AREA s� r r 10' BUFFER YARb TYPE "C' , L — — — - EXISTING SHED TO BE REMOYED __ _ _ -AREA ZONNvG Av 1 20' DRAINAGE EASE''1EN7` s LU.D = LOW DENSITY RESIDENTIAL I (— 15' BUILDING LINE I 10' DRAINAGE EASEMENT / 30' DRAINAGE EASEMENT --- -- 10° BUFFER YARD TYPE "C NOW! Islas S 010 19' 18" E ELMER i. WEISMAN and WIFE, GLENDA WIESMAN VOL 4089, PG.9 DESCR!PTiON of a '5.218 acre tract of land situated in the J.0 4ller, s,,rvey, Abstract No. 18, Tarrant County, Texas: said tract being located In the City of Southlake, —exas and beir+� that particular traci of land described in deed to Bedford Savings, recorded in volume 9239, Page 81, Tarrant County Deed records; said '5.218 acre tract of land being more particularly described as follows: BEGINNING a: a 1/2 inch iron rod found for corner in this south line of FM 1709 VAI South,ake Blvd., varlaole, width right of way) said point being the northeast corner of said Bedford Savings tract and bung the southeast co► -err of a tract of Ism described it dead to the State of Texas, recorded ;n Volume 10017, Page 1545, Tarrant County Dead records; said polni also being the southwest corner of a tract of lard described In deed to the State of Texas. recorded in Volume 10000, Pale '81, Tarrant County Deed records, and being fn the west line of a tray of land described in deed to _.mer I. Wiesman and wife, Glenda Wiseman, recorded in Volume 4089, Page 9, Tarrant County Deeo Records; THENCE, south Ot degrees 19 minutes iS seconds East with said west line of the Wiesman tract a distance of 1463.23 feet to a 1.2 Inch iror rod found for corner; said point being the southwest corner of said Wiseman tract and being in the north line of a traot of land described it deed to loseeh Morfizavi and wile, Kamlela Mortizavi, recorded in Volume 93!6, Page 1637, Tarrant County geed records; THENCE north 88 degrees 59 minutes 22 seconds West with said north line of the Mort zav, traot at a distance of 115.4' feet pa"WIQ the northwest corner of said Mor:,zavi tract; sa!d point being the northeast corner of a tract of land described m deed to oseph 'vlortizavi and vA a Kamlela Vortizavi, recorded in Volume '0299, Page 1354, Tarrant County Di3ed records, contlnufng with fhe north line of said second referenced KAortizavi traot at a distance of `e90 93 feet passing the northwest corner of said second referenced t/ortizavi tract and the northeast oorn3r of a tract of land described In deed to Rano P Carlson and wife Sherrill G. Carson, recorded in Volume 9093, Page 1973, Tarrart County Deed Records; continuing with said north Iine of the Carlson tract, in all Nils of 490.22 feet to a 1/2 inch iror rod found for corner; said pant being the northwest of said Carlson tract and oeing in the east line of a tract of lard described in deed to Lon G Hawkins and wits Karen V. Hawkins, recorded In Volume 8563• page 720, Tarrant County Deed Records; THENCE, north 00 degrees 12 minutes 52 seconds West, with said east line of the I~awKins tract, at a distance of 766.5 feet passing the southeast corner of it tract of ;and described in deed to Lon G. Hawkine and wife Karen K. Hawkins, recorded in Volume '3885, Page 155, Tarrant County Deed Records, continuing w,th said east line of the second referenced Hawkins tract, In all a distance of 1298.38 feet to a 1/2 inch iron rod found for corner, said point be ng the northeast corner of the second referenced HawKlns tract and being in said south line of FM 1709, THENCE north 69 degrees, 09 minutes 04 seconds East, with said south line of FM 1709, a distance of 150.01 feet to a 1/2 inch iron rod with 'Pacheco Koch' cap found at an angle point; THENCE, North 65 degrees 53 minutes, 29 seconds East, continuing with said south line of FM 1709, a distance of V7,91 feet to a 1/2 inen iron rod found at er angle point; sad point being the west corner of the first referenced State of Texas tract; THENCE, North 79 degrees 22 minutes 39 seconds East, with the south line of the first referenced State of Texas tract, a distance of 161.44 feet io the POINT OF BEGINNING; CONTAINING 662,914 square feet, 15,218 acres of land, more or lest ZONING AG L,U:D, = LOW DENSITY RESIDENTIAL i i s. • !T'l�4• ��f�' • UNIONSITE 2 VICINITY PLAN NOT TO SCALE LON G HAWKINS AND WiFE KAREN K, HAWKINS VOL 9885 PAGE 155 ZONING AG LU•D, = LOW DENSITY RESIDENTIAL I PP 1 F I HTT-T-11- li-, _—.� v 9 PP i ,+ncH Ott ��PHASE ONE 12,000 S, Opp U ONE STORY ACTIVITY AREA AND O EDUCATIONAL SPACE so '\ T�°o OCC, TYPE A 2.1 G CONST TYPE II-iHR INTERIORLAND CA Dj \� PHASE TWO v -AREA 9_ \ { 30,000 S.F. GAS iJNt� RISER ONE STORY WORSHIP CENTER ' ��` o R ATER ` E AND EDUCATIONAL SPACE C ` OCCUPANCY TYPE A 2.1 CONSTRUCTION TYPE II-1HR LOW PROFILE 2-WV Xx. MASONRY GROUND SIGN Q 2+ FIRELANE "\ \ ` 1, o \ O �fill- Po 20' DRAINAGE EASE,1"l �_1-�J �� ` �` r�_..._,\\ � Jam.!`-'^•.__, � t� —EXISTING SPECIMEN TREES TO BE PROTECTED: —�� Jam"` GENERAL LIMITS OR EXISTING TREE COVERAGE WITH MAJOR SPECIMEN TREES INDICATED O 5 10 l6 20 23 SO 75 POINT O�- B�C�1NNING� CC)NCEPT PLAN SCALE r-�-o• CONCEPT PLAN FOR CS ZONING FOR REQUIRED BUFFER YARDS SIDE REQ'D PROVIDED CANOPY TREES ACCENT TREES SHRUBS GROUND COVER NORTH 431 10'—E 10'—E 4 9 35 N/A EAST 1440' 10'—C 10'—C 44 58 ;76 N/A SOUTH 490' 10`—C 10'—C 15 20 59 N/A WEST 1295' 10'—C 10'—C 3q 52 155 N/A REQUIRED INTERIOR LANDSCAPE PHASE ONE 3400 S.F +10'5.F,/PK SP 4 12 LO 340 S.F. PHASE TWO 9,000 S,F +10'S.F,/PK SP 15 30 i50 900 S.F, FOR A NEW WORSHIP CENTER TIMBERLAKE COMMUNITY CHURCH OUJNER/DEVELOPER: TIMBERLAKE COMMUNITY CHURCH, INC. P.O. BOX °12L83 SOUTHLAKE. TEXAS TARRANT COUNTY, TEXAS EX15171NG: ZONiNG AND USE ZONE AG WITH AGRICULTURAL USE EXISTING LAND USE DESIGNATION. LOW DENSITY RESIDENTIAL; PROPOSED ZONING,: AND USE: CS —COMMUNITY SERVICE. TOTAL ACRES 15.218 ACRES PROPOSED CONSTRUCTION PHASE ONE. i2.000 GROSS S.F. , ONE STORY STRUCTURE 500 SEAT CAPACITY GYMNASIUM/MULTIPURPOSE WORSHIP CENTER, ADULT AND CHiLDRENS MINISTRY t EDUCATIONAL SPACES STAFF OFFICES AND SUPPORT SPACES PARKING FOR 141 AUTOMOBILES, 4 HANDICAPPED SPACES PHASE TWO. 30.000 GROSS S.F. ONE STORY STRUCTURE 1200 PERSON CAPACITY WORSHIP CENTER ADDITIONAL ADULT SUNDAY SCHOOL SPACE PARKING FOR ADDITIONAL 233 AUTOMOBILES, 4 HANDICAPPED SPACES BUILDING WILL CONFORM WITH MASONRY ORDINANCE NO. 551. SiTE DRAiNAGE: EXISTING DRAINAGE ALONG EAST PROPERTY LINE WiLL BE REROUTED WEST OF EXISTING TREES APPROX, 340' ALONG EAST PROPERTY LINE IN AN OPEN GRASS LINED SWALE. THE EXISTING POND WILL BE MODIFIED TO PROVIDE STORM WATER RETENTION TO MAINTAIN PRE DEVELOPMENT LEVELS AND EXISTING DRAINAGE PATTERNS, FOR ADDITIONAL INFORMATION REFER TO ATTACHED DRAINAGE STUDY FROM METROPLEX ENGINEERING CONSULTANTS, INC. PARKING: AND GENERAL AREA LIGHTING: ALL PARKING AND GENERAL AREA LIGHTING WILL BE PROVIDED BY ARM MOUNTED "SHOEBOX" STYLE POLE LIGHTS. APPROXIMATE HEIGHTS TO BE 20' TO 26'. FIXTURE LOCATIONS WiLL BE DESIGNED TO ELIMINATE ANY LIGHT SPILLAGE OR GLARE TO ADJACENT AREAS. ALL AREA LIGHTING WILL BE CONTROLLED BY TiMECLOCKS AND PHOTOCELLS. NO LIGHTING tOR AUDITORY DEVICES) WILL BE PROVIDED AT THE RECREATION AREAS. A CC AIn CIIA-110 01 O X m CV luI co _ co Q LU +✓ 0 Ln �- X Fm C N Q LL Q D V -Y co 04 cz O O1 co o 1 �CD Ln CV i h- 1 O to 00 37— W U a aI W z `Iul z_ U N z z Ld U U a- O tin O T U < U— W X O i- � 3 a/ L _ lzl_t !t�t_I -X (L W z F- a NOVEMBER 11, 1994 S H E E T ■ NOV 1 9 1994 a '-1..,A ,.,: _.y„. .. � , ... �� ..d ,.. s' �r M«J s <: _. -, i. :�G ,. ,. .. < .�, 5- �..y. .., .., -�, sf�r: .., r. .ri .f': � ,x - . .. a.,.p,. � ,,.,� ..1 •�_w�tt' '1 LL E Ln a U Z I Z El 0 to to CQ z z F ZONED RE L.U.D. - MEDIUM DENSITY RESIDENTIAL BAKER ESTATES CAB. A. SLIDE 1575 LOT 1 ZONED SF-1A L.U.D. - MEDIUM DENSITY RESIDENTIAL LOT 2 LOT 1 CHARLES FOSTER VOL. 7312, PG. 1388 LOT 2 MICHAEL & PATRICIA LEASE VOL. 9939, PG. 1022 �WA�Wa.E LOT 3 a ire Q E F ROBERT GOODE E-, VOL. 5006, PG. 843 Co O ZAE- 20a W 0�� o NaW y Q LOT 4 ROBERT GOODE VOL. 5006, PG. 843 LOT 5 ROBERT GOODE VOL. 5006, PG. 843 ZONED AG L.U.D. - MEDIUM DENSITY RESIDENTIAL STEPHEN W. SMITH VOL. 7432, PG. 2286 ZONED AG L.U.D. - MEDIUM DENSITY RESIDENTIAL STEPHEN W. SMITH VOL. 7432, PG. 2286 R.J. PADEN SURVEY, ABSTRACT NO. 1255 JAMES THORNHILL SURVEY, ABSTRACT NO. 1505 ZONED AG L.U.D. — MEDIUM DENSITY RESIDENTIAL NAOMI R. MORRISON VOL. 5822, PG. 328 ZONED AG L.U.D. - MEDIUM DENSITY RESIDENTIAL JOSE B. FRANCO VOL. 5993, PG. 609 LOT 39 LOT 46 ZONED P U D N 0 . 3 LOT 74 480 33 y L.U.D. - DIUM LOT 80 \� j LOT 75 �'�,� LOT 30 BLOCK 7 LOT 45 DENSITY RES ENTIAL , BLOCK 4 BLOCK 7 LOT 40 LOT 53 LOT 52 O LOT 29 LOT C� LOT 54 $ D�g BLOCK 8 Ci LOT 59 ; � BLOCK 7 / LOT 76 LOT 39 LOT 41 LOT STONE LAKES PHASE THREE" CABSTONE LAKES PHASE TWO POINT OF . A, SLIDE 1679 / I . LOT 58 I CAB. A, SLIDE 1393 6 1394 BEGINNING LOT 43 LOT 55 i LOT 42 LOT 57 BLOCK 7 I LOT 77 A P.R.T.C.T. LOT 56 , 198. 5 5 ' i LOT 40 LOT 38 LOT 37 S89'45'36"E SS 46'04"E 974 42' �� S89'44 33"E 425.00' Z ED PUD N 2 480-07 EXISTING ZONING DENSI D. RESI ENTIAL AGRICULTURAL DISTRICT 1�0 Cn I�AG PROPOSED ZONING Co lD 3 SF— 20A — SINGLE FAMILY RESIDENTIAL DISTRICT W L.U.D. DESIGNATION MO TICELLO ES ATES y14" MEDIUM DENSITY RESIDENTIAL N z 24.64 ACRES C C.� I--------- — -- ------ -- ZONED ---------_ SF-2 ---------- A S89 521 2 " W I 1---------��--------- 347. 60 ' 1 1 �--- 1 5' U.E. —-------- ZONED — F-20A 5' U.E. L.U.D. - MEDIU 7. 5' U E. I I 5' U.E. 1 I 11 I L.U.D. MEDIUM !QZ i DENSI RESIDENT L I I I I BLOCK 3 DENSITY ESIDENTIAL W LOT 13HILL CHI NEY LOT 16 LOT 8 i ',\�10' U.E. SOUTHLAKE HILLS BLOCK 4 1 P ASE II I 11 �� LOT 6 PHASEII w A LIDE 808, P.R.T.C.T. BLOCK 6I E C�A�B. A—, SLIDE 1324, P.R.T.0.T.CAB. W LOT 14 II LOT 15 II —LOT 9 LOT 10 "•—5' U.E. �/ �------- --------- -- --'--E— —II j�-7.5' U.E. I I LOT 7 MEADOW LANE I LOT 7 1 II IfsU.E. HILLCREST TRAIL LOT 12 I __ 5' U.E. I LOT 7 BLOCK 5 7.5' U.E I j LOT 23 LOT 24 I \ � LOT 8 LOT 9 I I I I LEGAL DESCRIPTION 24.64 ACRES BEING a tract of land c,ut of the JAMES THORNHILL SURVEY, Abstract No. 1505, in the City of Southlake, Tarrant County, Texas and being part of the 40 acre tract described in deed to Naomi Ruth Morrison, recorded in Volume 5822, Page 328 of the Geed Records of Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a 3/6" iron rod found for the southwest corner of STONE LAKES PHASE THREE, an addition to the City of Southlake, recorded in Cabinet A, Slide 1679 of the Plat Records of Tarrant County, Texas and the southeast corner of the 11.842 acre tract described in deed to Stephen W. Smith, recorded in Volume 7432, Page 2286 of the Deed Records of Tarrant County, Texas; THENCE with the south :.ine of the said STONE LAKES PHASE THREE, South 89'46'04" East, a distance of 974.42 feet to a 5/8" iron rocs found for the southeast corner of STONE LAKES PHASE THREE and the southwest corner of STONE LAKES PHASE TWO, an addition to the City of Southlake, recorded in Cabinet A, Slides 1393 and 1394 of the Plat Records of Tarrant County, Texas; THENCE continuing with the south line of said STONE LAKES PHASE TWO, South 89'44'33" East, a distance of 425.00 feet to a 3/8" :iron rod found near a fence post for an ell corner of said addition; THENCE with the southerly most west line of STONE LAKES PHASE TWO, South 00'27'46" East; passing a 3/8" iron rod found near a fence post for the westerly most northwest corner of the 240.99 acre tract conveyed to Southlake Joint Venture by deed recorded in Volume 9719, Page 599 of the Deed Records of Tarrant County, Texas at 34.13 feet; continuing with the southerly most west line of the 240.99 acre tract, in all a total distance of 668.37 feet to a 5/8" iron rod found in concrete near a fence post in the north line of SOUTHLAKE HILLS, PHASE II, an addition to the City of Southlake, recorded in Cabinet A. Slide 1324 of the Plat Records of Tarrant County, Texas, from which a 1/2" iron rod found for the northeast corner of the said addition bears South 89'55'06" East, 8.34 feet; THENCE with the north line of said SOUTHLAKE HILLS, PHASE II, North 89'55'06" West, a distance of 1255.14 feet to a 5/8" iron rod fouled for the common corner of CHIMNEY HILL PHASE II, an addition to the City of Southlake, recorded in Cabinet A. Slide 608 of the Plat Records of Tarrant County, Texas; THENCE with the north line said CHIMNEY HILL, PHASE II, South 89'52'42" West, a distance of 347.60 feet to a point for corner; THENCE leaving the north line of said CHIMNEY HILL, PHASE II, North 00'03'11" West, a distance of 673.99 feet to a point for corner in the south line of the said 11.842 acre tract: THE`4CE with the south line of the said 11.842 acre tract, South 89'45'36" East, a distance of 198.55 feet to the poj��T OF BEGINNING and containing 24.64 acres of land. 0 50 100 200 SCALE: 1" = 100' N89 ------------ 55 ' 06 " 1255. 14 ' I I ----- I — 5' U.E.—►± — — — — — DRAINAGE ESMT. I I \\ LOT 30 LOT 29 -- j \\\ LOT 14 j t— LOT 13 I LOT 28 i SO' U.E. - — — / o ( I __— x BLOCK 4 I I LOT 15 --- \ 1 5' U.E. I I — — I 10' U.E. r-5' U.E. T 25 io' U. E j i L — — — - --- LOT 26 LOT 27 — — — — — — _ 1 PROJECT s LOCATION � o s Grapevine o e � Keller a `� v e F.Y. 709 o SOUTHIAKE a Continental Blvd. Colleyville DFW Airport LOCATION MAP NOT 70 SCALE \� LOT 12 I � 10' U.E. I MEADOW BLOCK 4 j -_-_ RIDGE I COURT ZONING EXHIBIT FOR SF-20A REZCNING REQUEST STONE LAKES, PHASE IV 24.64 ACRES OUT OF THE JAMES THORNHILL SURVEY, ABSTRACT No. 1505 AN ADDITION TO THE CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS. PLANNING & ENGINEERING THE NELSON CORPORATION 5999 SUMMERSIDE DRIVE, SUITE 202 DALLAS, TEXAS 75252 (214) 360-2605 OWNER: DEVELOPER: Naomi R. Morrison Phil Jobe 701 S. Peytonville Rd. 3838 Oak Lawn Ave., Suite 1000 Southlake, Tx. 76092-9242 Dallas, Tx. 75219 September 16, 1994 S89 '55' 06"E / 8.34' W. w F y a ti JOE D. & SANDRA GREGORY VOL 82,79 PG 897 ZONED AG L.U.D. = LOW DENSITY RESIDENTIAL NEAREST FIRE HYDRANT APPROX 750' 434---------__` 43S - 433---------- �� E E \ E --�� cli RO 150.0' TO STONE LAKES PLACE '\ \ \ g`30 CONST. _5:_ I LET TOP = 435.00 \ FL = 431.00 \ O \ \ O 03 JAMES R. STACY VOL 6395 PG 690 ZONED AG L.U.D. = LOW DENSITY RESIDENTIAL F. M. HIGHWAY N 0. 1 7 0 9 SAWCUT &REMOVE (SO UTHLAKE 930' R.O. W. B 0 ULEVARD) EXIST. CURB SAWCUT & REMOVE EXIST. CURB 7s, o `--- 36.00 c _E E J E E E E E E -�- - E E 24' 3s. 10' U LI TY 1 - - - - - - s1 \ ' INGRE EGRESS EAS ENT 0 FFERYAR \ \ 41.20 R N 60' Q�6 -56, R 437 438 4 g 440 442 h _ �g7 17.5' UTILITY \ 20" POST v 3. R EASEMENT OAK ;S358O; m \ 39.75 \ x 3' 30' LIG T 20 PACE ® \ 41.5 \ FIXTUR IGH ir�� 50 ai N X FIXTURE I . \ 6 F I 5, �' 2" ATE r I 1 6" 3000 PSI CONCRETE BROOKS CD » 1010 IN r- I °�° I 2 ' 10 x10 x12 CATCH BAS � ca 7 REQUIRED SPACES ,� 0 BUI DING ��6 DIRECnON OF N z \ PAVEMENT WITH 6 OR APPRO ERMAIE ETB3 LINE DRANAGE LANDSCAPE RETAINING TEGRAL CURBS 4'TRI RN LAN - / 135.90 '`t I 37.00 ' U` WALL 36 70 A - o f- j \ A 1 0 _ f 3.4o CONCRET OR \ 36.20 HC 3 .25 \ 4 / ASPHALTIC A� 3 so ENTRANCE \ 4" / \ 36.4 36470 / PAMING \ I 5' METAL f�ENCE 36.70 / \ 36.70 / � 37.so 75.06' INSTALL 89 LF , I 6I 4 15 CL III R, P , R MP PER C \ \ � A Dt� \ SIDEWALK 1 \ \ 23' IDEYARDr I 35.036.50 H I 37.50 0 \ SETBI CK ( , c, 8 ` O ` 2.5 10'T YPE F1 z 1 I Z \' F. F. - 537. 50, \ BUPFER�ARD N \ '- " DR+Y sT1ACK 18 22 " MEDICAL OFFICE SPACE v, 2 I 3 .50 LA ® N ` GROSS SF 11,30� \ STO E WF�LL- rn j I N 5.21'+ cD _0 i FLOOR AREA SF 1OJ50 0 11 18 RC \ \ 155' TI LI TY - - - - � - \ 148' g \ EAS MEN�T -\-- 'S 4 SS U) \ 37.50 35.00 O�Z \ 36.20 �QADI \ \ \ EX FI XTU ` � � � 0 T. P, I LE 4 �\ 36.70 \ \ OP = 4 5.00\ ??\ COMMON AREA NO.2 � 43 .00 \ 435 \ FLOODWAY AND DRAINAGE ��, \ O!TUB OUT EASEMENT �' \ \ \ \ 4 \ \ RC� \ 36.70 \ STONE LAKES HOMEOWNER'S ASSOCIATION Q '�� ZONING P.U.D. NO 3 �' I \ \ \ \ \ \ \ N,O & 42 , >> -/' oN pRSONR ` �� ?5 L.U.D. - MEDIUM DENSITY RESIDENTIAL I �� \ \ \ \ \ \ \ /3 � OPFR�r � STONE LAKES PHASE ONE w w In +I 3 0 0 0 n E 216.0' z emu N NOQ W I ' I c\ I o 90 � 4, F a uz x O CV 36.70 ui a \ w N so \ z \ r I 37.20 \ ® 1 uj x w I SEE ALR` LANDS�'ING w \ m a� PLAN I IT I ® 4" WHITE \\ � 0 cn PAINTED STRIP_ IJ 15' SIDEYARD I w __ (TYP•) \ C I W SETBACK I a DARRELL WA YLAND, II cn 30' LIGHT V 6202 P. 72 I 'n6" FIXTURE O ZONING AG 75.06' �� L.U.D. = MEDIUM DENSITY RESIDENTIAL 10'TYPE F1 1 22' 18, 4 BUFFERYARD CABINET "A" SLIDE 915 \ K) �I L 0 T 1 SANDERS CUSTOM BUILDERS LTD. CONST. 5' INLET ZONING P.U.D. NO 3 TOP = 436.00 L.U.D. = MEDIUM DENSITY RESIDENTIAL FL = 432.50 BLOCK 8 / 4` I L 0 T 2 I SOUTHLAKE PROPERTIES ZONING P.U.D. NO 3 L.U.D. = MEDIUM DENSITY RESIDENTIAL STONE LAKES PHASE TWO / l CABINET "A" SLIDE 1393 FH I 4 135.501 ' j9'24" 48.31' L 0 T 3 SOUTHLAKE PROPERTIES ZONING P.U.D. NO 3 L.U.D. = MEDIUM DENSITY RESIDENTIAL A5 SITE PLAN FOR FAMILY HEALTH GENTER SOUTHLAKE I" - 20' BE I N6 1 .2830 AGRE5 AND BEIN6 PROPOSED AS LOT 1, BLOGK 10 STONE LAKES, PHASE V x 6: L 0 T 4 NOTES: GROSS ACREAGE 1.2830 EXISTING ZONING PUD NO 3 C-2 SITE COVERAGE ALLOWED 50% PARKING SPACES REQUIRED 73 LOADING SPACES REQUIRED 1 OPEN SPACE 18,496 SF OUTSIDE STORAGE MAXIMUM HEIGHT ALLOWED 35' STORIES ALLOWED 2 1/2 REQUIRED BUFFERYARDS 20 GRAPHIC SCALE 20 40 (INS) 1 inch = 20 fL NET ACREAGE 1.2830 PROPOSED ZONING C-2 SITE COVERAGE 22.22% SPACES PROVIDED 73 SPACES PROVIDED 1 OPEN SPACE PERCENTAGE 33% OUTSIDE STORAGE PERCENTAGE BUILDING MAXIMUM HEIGHT 22'-8" STORIES 1 so CANOPY ACCENT REQUIRED PROVIDED TREES TREES SHRUBS NORTH-252' 20'-Et 20'-Ett 3 5 20 EAST-220' 10'-F1 * 10'-F1 * 7 13 18 SOUTH-313' 10'-F1** 10'-F1 ** 9 19 25 WEST-140' 10'-F1* 10'-F1 * 4 8 11 t H1 - HEDGE OF PLANTINGS SHA'_L BE A MIN. OF TWO FEET IN HEIGHT AND PLANTED NO FURTHER APART THAN 30" ON CENTER. t A WIDTH OF 20 FT. MAY BE USED IN COMBINATION WITH A 20% REDUCTION IN PLANTINGS. * SIX FOOT (6') WOOD STOCKADE FENCE REQUIRED IN ADDITION TO THE REQUIRED PLANTINGS. **AN 8' SCREENING DEVICE IS REQUIRED WHERE A NON-RESIDENTIAL USE ABUTS A RESIDENTIA LOT. (5' HIGH METAL AT WEST AND 6' HIGH MASONRY AT SOUTH APPROVED BY P & Z) REQUIRED INTERIOR LANDSCAPE CANOPY TREES AREA REQ'D = 5650 S.F. ENHANCED PAVEMENT CREDIT 574S.F. = -287 S.F. ROW LANDSCAPE CREDIT 4704 = -470 S.F. AREA REQUIRED 4893 S.F. 8 THE STRUCTURE SHALL BE 95% MASONRY OR GLASS CONSTRUCTION TO COMPLY WITH MASONRY ORDINANCE NO 557 WHICH REQUIRES 80% MASONRY OR GLASS BENCHMARK: _ 'Y' CUT ON TOP CURB, SOUTH SIDE OF SOUTHLAKE BLVD. NORTH OF THE NORTHEAST CORNER OF THE PROPERTY ELEVATION 641.96 OWNER ACCENT GROUND TREES SHRUBS COVER 16 82 489S.F. I: •' HEALTH CARE SYSTE 3409 • ' .11 DALLAS TEXAS 75221. Mm .I�Tf*.: iL' r.fj p� o C\2 Co N < l- 4 C\2 �. y� F� Q d 0w ■ Z ~ cq Z � W W � rx CQ V w z co o E-4 co C-1 cD c� C\2 �1 W W a J H o z W O Z z LLI E4 V v 'o W z = j a a w 00 W W i he x = W x � a o O J = a >0 3 m LL REVISIONS iROANOKE TROPHY CLUB �^ GRAPEVINE TO LEWISVILI WESTLA 1:}.AKE ;'.('_, 3 Dove A > s golf' GRPEVINE �i:: °' J SOUTHLAKE 71 d (Soat6l.ks F31vd.) � ; ��2� TO DAI,L P.H. 1709 Cmtinenlal v 8 if. Hlvd• �6 DFW I N T' L. , ? COLLEYVILLE �r/r AIRPORT PROD. NO. q53-7Ci Glade R,"d \ DATE 10-24-Q4 w> o WATAUGA \ a � o DRAWN BY I NORTH RICHLAND BEDFORD t CHn. BY HILLS HURST N.E. LOOP 820 EULESS 183i121S.}I. 183 TO FORT WORTH MOT TO SCALE All VICINITY MAP CASE NO 94-137 SHEET OF !L Tract � Being a Tract or parcel of land out of the J.W. Hale Survey, Abstract No. 003 and the John A Freeman Survey, Abstract No. 529, situated in Tarrant County, Texas as described and recorded in volume 3547, Page 554, Deed Records, Tarrant County, Texas, and mo e particularly described as follows: BEGINNING at the Northeast corner of said Hale Survey, same being an ell corner • • - '•• of said Freemc n Survey; — — — .. — . — — — — — — — — — — — i I :I THENCE: South 89 degrees 15 minutes 10 seconds West, along a fence and the common line between siiid Hale and Freeman Survey 004.0 feet to an iron pin for corner; _ THENCE: South 00 degrees 22 minutes 25 seconds West, along fence 993.75 feet to :.jj 1 `" an iron pin for corner; THENCE: South 89 degrees 10 degrees 10 seconds, West, at 209.6 feet to an iron � �: ,� I I ..�..;� :• _�' pin in the West line of a private road, then along a fence, in all 400.4 feet to _ _____ 1155.80 I I ,..:^..:rrr:,' an iron pin for corner; — — .— -- --- — — *----2-6 ---- 109 I10 — --- ------ ---- ----- -- -- --- -- 109 100 102 T6 167 exist . ' I� o I t. 15' Pipe Line THENCE: North 89 degrees 54 degrees 00 minutes West, along a fence 19.5 feet to I 5 easement o a stake for c o -ner: I o �, ] trees i I 1 2 3 I I Q , 220 I° 4 rn N 7 `.�° I THENCE: North 01 degrees 21 degrees 22 seconds East, along a fence, 622.02 feet I ON5 00 6 � 8 ,� I ! O to an iron pin for corner; � to =� — — is, \ I i �- 4 v —line __ 5� LP n; THENCE: South 88 degrees 58 minutes 57 seconds Eas f, along a fence, 111.55 feet 10' u.e I 109 110 32 7 6 \ 139 4 59 to d pipe for corner; f---- 221 —-N�90�5.Z7 -- - o R=50055 10 100 1020 191.5e I i 00 R=904.35 N86 1746 _ so I I 100 106 45 63 L'2i .38 µrgun y �o�r ^''' I I -P THENCE: North 00 degrees 14 minutes 03 seconds East, along d fence 004.85 feet Q to d pipe for corner: — o — IN 11�35' bu "'• i 210 lne 9 I 1 Q U THENCE: South 09 degrees 42 minutes 10 seconds East, along d fence 1105.8 feet ° 14 13 N P f 16 15 `D 12 tD 11 10 -' I i to do iron in or corner; o s•:I Ln 2 / 'V ui 15' U.P. THENCE: South 00 degrees 31 minutes 30 seconds East, along an irregular fence''` Q I / h~ h� e tiJ --- — I 407.4 feet to the POINT OF BEGINNING and containing 20.053 acres o land, o (�• I 65 ---106 — — 11----�?I-- — 11�— — 3 8------------ — f t 9 f f John A. Freemc n 5urvey % ° —' " — — Q Q • Q O — which 0.962 aches are in the J.W. Hale Survey and 11.09 acres are in the J.7 J.W. Hale Survey 154 0 / 589 1510 W 4 U I ! Freemd n Survey'. 14)� I' 1 fdieI 17 ko� • ^ I I ! exist. 15' Pipe Line �35' bldq. line� I i i easement I W I 127 129 ! 30 590-00.00•W 2.57 a —� 10' U.P. d O.P. I I I erlot rive K I I ! 127 N 18 i 1511 Q �o Z �5' 61dg, li� � � � ! , tn• ! I � I JO' U.P. W I I °z' cf0o 588 °58'57"f! I Z 111.55 itl 224 " 141 I 1� to h ] NI rn NOTE: All existing structures on this Q I ! site to be removed. 20 20 X. nl 193 100 70 O I ! 4 � (V 21 oI . 5, ux. 189 o N i -P 22 N I N 214 '� I ! 0 I 141 w .L I I N 246 ' � 23 1 � I 35' W4 line •o A----�— 251--- — m 127 i 50°10'10"W 408.40 :3 . - . . - - 19.50 ...� O'RO I r' 2 N0. DATE DESCRIPTION 8Y .: ;•... ' , `:' 1 1/10/94 gen rev. per review dated 11111194 dml s . scale: r........ : r: 1 "=100' �. . .,— GRAPHIC SCALE 100 0 s0 100 200 ( IN FEET ) ' 1 inch = 100 ft. 5tr. Mood -Troop Rd � No N 3 Pkwy. Kefler-Gr 1peviye Rd P. sowthiake Rd T><'l l S 5/ o � � U e � 0 Rai-w P. Continental Blvd 3a Vicinity Map 51 TE DA TA existing zo ni ng......................................... 5F20 proposed zoning ...................................... 5F20 totalarea .................................................. totalno. lots ...........................................35 totdensity ................................................. 1.7 tots/ac average lot area .................................... 23,000 s f min. lot area ............................................ 20,000 s f land use designation (LUD) ................. Med. Den. Res. Freliminary Flat O {� N�45/045 v6llzst6tswe ar addit for tc the City of 50uthlake Tarrart Court y, Texas 20-05 acres out of the J.W. Hale Survey, Abstract No. 803 and John A. Freeman 5urvey, Abstract No. 529 10122194 Developer: owner: Engineer: Alle99hemy Land Co. Theron Ragan Daniel M. Long, P.E. 4035 L8J FREEway 1512 Rainbow 5treet 1700 Smith Lane Suite 850 5outhlake, Texas 76092 Arlington, Texas 76013 Dallas, Texas 75244 817/ 488-7058 817/ 275-3431 (214) 305-3310 4 oaovOp00o FAX (214) 388- ��OF •T Er..Mc �a*°°° °o'''�Oa�'e •� pad '�'° 00 • ••,•:•9q �;svvo do FQIs • v Case No. ZA 94-135 �aoOese SHEET 10F 1 400 I A-2003 s I T. BEEDY SURVEY, A-72 GARDEN ADDITION VOL 388-208, PG. 40 P.R.,T.CO.,TX. LOT 9 ZONED SF1A LOT 8 - • •15' U . E. TREE COVER (BASE BEARING) 10' U.E. (TYP) - - 174 174 190 249 Ld 1 I.P.F. - - COMMON AREA 1 J 5 N 174 A ■�' 0 19.7'� X °° 1 � T.M. HOOD SURVEY 42 41 k 3 REX W. MOORE (private) g9 - 35' LL _ - L3° LL S ;'` 10MA U.E. � 'n � 5.0 AC. A-706 JOHN CHILDRESS SURVEY VOL. 6305, PG. 23 175 174 17 174 �' 202 O 216 ^ 'n ENNY AND MARY GOODMAN D.R.,T.CO.,TX. WOOD FENCE X I 50' ROW -_ ;'1 N VOL. 4410, PG. 326 A--253 ZONED AG (�) _ Cr NEW TU �• 1o'DA U.E. 0o r7 D.R.,T.CO.,TX. 187 - 77 _ 17 170 160 °� N ZONED AG 110 -Ln 35, IL 40 r -- 10' U.E7 e 7 r- e r- e '0 10 L0 11 0Lr) 0)GO X X X— r BLOCK OM 175 /8 I.P.F. 292 188 177 1 173 175 LOT 1 Row TREE COVER 3.023 AC. .' EY LOT 2 LOCK 1 0.- 50 N 14 0 0 I � ) BOBBY 5084, PG.S310 B t, I{` � 1e � 1e ,� n 32 `� 1$ � �1 D.R.,T.CO.,TX. O"0 I ZONED AG 94 176 157 �• ^� to ,o 175 249 X X X 1/2" I.P.F. DtC RY .90 1v0 �2? 1 N 2.799 AC. HOO EMETE �o POST OAK TRAIL VOL 3 PG. 18 v� 1 144 811�jC,l� ,Os 'a I ROBERT L. HINMAN, ET UX w a 13 `r 3e VOL. 8258, PG. 1819 �-= --- D. ., T. 0., TX. �S 1/2" I.P.F. O ( do E �� 21 D.R.,T.CO.,TX. o" MI s 2z �Sg C� 8 \� 173 I 250 X ZONED AG 23 ZONED SF1 A Pe 0 Li 1 122 O <0 olox 1/2" 1 P.F.X ad 1 N 24 3.0 AC. m I Z X ^^ I o ,� ?g \ 14 37 LOT R-2 w Ar.a . 1 N 1Q ^ S ^ r LEDBETTER LOT R-t I Co Nb/6 �" F"L >>1 3 `b� \`� i1r, N VOL. 9448, PG. 1575 't 30 TREE COVER 3? 10� 25 272 D.R.,T.CO.,TX. zX N 85*20 05 W N � � �� O ZONED AG o o �, >: ti — 5 u.E, m� COVENTRY 116 " 00 Q° ,�� 36 Ln 2.4965 AC. 5 U.E. 273— 50' Aocfss.EsrT. vgo r29 2° ry 66 2e 7 JAMES KING 20 ROW 182 50•� IN >� rr� VOL. 6237, PG. 664 2e 24 zo Row ¢Q 7?g u' �g9 �� 321 D.R.,T.CO.,TX. o PI)I I I I ,� 23 1 /2" I� .F. \ ?.t Qo X- ZONED SF1 A BLO K 2 E. Y w c� LOT R-7 LOT R-8 I 2 ' I ' 195 188 C) 0 1e �� R0 2.4 AC. o w Q a. x N t° `�Tr 11 Gi"S � 0� �6+� 35 D.L. SEWELL. ET UX w an _ Ui o C7 \ VOL. 4524, PG. 970 (n U a_ co U 5 I BERMS o 25 rn'N oo `�4 �g`L �� D.R.,T.CO.,TX. N ao 2a 6 b3 A 93 N, n �6' 0� `b. \ 167 ZONED AG f X "� a -- - 5' u.E x �5 ^ 182 19, h � a1 �S 'g �i _J CYPRESS CREEK CT. 270 �_ 2Qg COVER ^ Q� !6 t 0 5' U.E I BLOCK po TIM tK / S 1? �% X 2T ) .,� 2e ��CT 21C>j m ro O �33 rnB..... bio ................ ....."....�N...... fV ...... .. .� .. 30. ��........... ,� .r`D�............... 1 /2" I.P.F. 5.3 AC. 11 318 TA CT 15 52 N 2e N J.M. BARLEAN 35' 879.30' N 89-49'39" W 1 I.P. . w 180 151 VOL. 3912, PG. 74 LOT 10 22.1 I x 232 0 1 x '3/4" I.P.F. 4.0 AC. __ 0 �"1 ?O � TREE COVER 216 N D.R.,T.CO.,TX. r` le EDBETTER ^ r I e� °' (TYP) r 00 ZONED AG LOT 9 I VOL. 075 PG. 955 ;) ao 15 Z I o ^ 7 'n 1.41 AC. D.R., O 27 It Ln 29 n 3 WARIN R. BONE. ETU X ZONED AG BLOCK T� o 7367. PC, 1/2" I.P.F. — -- --- - 234 -I 190 l ° `v X ----- D.R.,T.00.,TX. 224 137 0 �D ZONED AG 10' u.E �I1 5/8" I.P.F. I 170 244 ^ LOT 14 rn O 00 LOT 15 I v 1 F- P ¢d ZONED SF1 A Z o_ 1 2" I.P.F. Q a0 o Y�O �0 w UU0 1 H w m Co a_ 0001 /2" I.P.F. P.O.B. D J 42.0' ' w> LOT 1 I CALLED N W, C T.M. HOOD SUR, A-706 LOT2' 2" IPF(2) LAND USE DATA TOTAL GROSS NO. DWELL. GROSS ACREAGE UNITS DENSITY SINGLE 103.6 101 1.03 du/ac FAMILY GROSS PERCENT OF ACREAGE GROSS ACREAGE 14.1R OPEN 147 SPACE GENERAL NOTES_ 1. Minimum lot size = 20,001) square feet. 2. Front Building Line = 35 feet. 3. Homeowner's Association to maintain all land— scaping, open space, and Flood Cementery,within the community boundarie'3. Membership will mandatory. 4. All existing structures will be removed. 5. All utilities shall be underground. 6. No driveway access from rear/side of lots to N. Peytonville Avenue or Shady Oaks Lane. 7. Percentage of open space — 13.7% 8. Conc. sidewalks on all lots by builders. 13 AC. RUBY L. HILL VOL. 6386, PG. 973 D.R.,T.CO.,TX. ZONED AG 00 00 0 2e N 25 ,n rn 187 0 0.79 AC. ^ 14 1 r Ln e CHAUNCEY W. MAWNGHAM 2.85 AC. RESIDUE OF 10.09 AC. 36' ELL `L VOL 73e0, PG. 303 JAMES BURGESS F.L. BAILEY, ET UX I 190 SS 24 r,1 162 x - D.R.,T.CO.,TX. • VOL. 6935, PG. 871 VOL. 2956, PG. 256 242 ; �� r 23 AC.ZONED AG w D.R.,T.CO.,TX. D.R.,T.CO.,TX. �� F-UTER CT. ,� ° ELZA L SHUPING ZONED AG L 190 VOL. 4225, PG. 43a 13 1051 ?�� 162 186 /2" I.P.F. D.R.,tCO.,Tx. Q — _ N �• ZONED AG to 22 t0 23 X w 51 Cd 0 00 4 ry W — — — rn rn 10 to 3.85 AC. io 180 231 � S 89'13'05" E 50' ROAD ESMT. DON. J. WEEKS S� 28.27' un N I - h--� VOL. 5252, PG. 644 ;'1 ^ 12 r 47 189 D.R.,T.CO.,TX. o ,an' I 21 12 o �-1 ZONED AG z I �, I ?Rj `n 11 C, ,n X- O - 258 Row 180 101 r O 2-B-2-A i C 150 C 3 LO %r So O 1 ll/2" I.P.F. 4.39 AC. ^ 11 LO 20 � t ` 'S END CT. o 3 7 AC. - - W GLENN B. BURGESS, JR. 150 '�, O.M BURNS, ET VIR Q V) N VOL. 4572, PG. 90 180 CO 1 1 36' B.L. N VOL. 2.147, I'G. 152 � d� D.R.,T.CO.,TX. 2" PIPE 266 �6 '� r �, 2 n o D.R.,T.CO.,TX. < a o ZONED AG FC. CORNER 67 14 tD 15 cD Q Row �I o ZONED AG 2-B-2-B F 1e 3 0 10 Lfr 97 S -- 189 N Z ccc a: _ N '7 ,�".) 150 150 X .18.2' m r' TR. I �N 0'� ry 1e 17 r 1e r N CV 1 I.P.F. N 89' 47" E 660.45' 1/2" LP.F. I -- - -- - � 5.935 AC. ,� N 'u {a c_o `_° r 1 r PALMLUND CN oN �� 36. L i VOL. 8747, PG. 1321 Z �O? 216 150 150 O1 COMMON AREA _2 _ D.R.,T.CO.,TX. w FC. COR. °D 18s OX 2-B-2-C ZONED AG X o,'` 0 CANTERBURY LANE (private) 3� �.� S0. 50, e a RAD 156 _ _ RAD T� N � 1 /2" I.P. C�Co NER CNI0' 3e s.L ° 57 3e' s.L. 64 COMMON AREA $3 >, _- 1At-11N IJ ST. -- X o \ ss a 40 aL 3 2 a# 4�e o S 89'50'48" W 0 04 co 167.53' w 1N 'W TREE OVER ro°' N 0� 1 `p V) TR. II . ( ) `1, 4 ��d, BLOCK TWO (private) 04 0.17 AC. ato, F.L. BAILEY ,r,1 3 V.27 AA 66 36 300 J0 VOL 2956, PG. 24-6 � 0 1/2" I.P.F. 16 .59' S 89.42'34" W 1/2" I.P.F. D.R.,T.CO.,TX. zx I X X— ZONED AG I I I 24.9' JOHN L. CLOW X VOL 3177, PG. 494 D.R.,T.CO.,TX. ZONED AG X /2" I.P.F. Owner: Engineering/Planning: 1200 SHADY OAKS ma`O(MOK MLMD%a, OK(�—,e SOUTHLAKE, TEXAS 76092 Developer: ENGINEERS — PLANNERS Owner: 5215 NORTH O'CONNOR, SUITE 200 IRMNG, TEXAS 75035 726 COMMERCE STREET SUITE 104 SOUTHLAKE, TEXAS 76092 1645 N. PEYTONVILLE AVE. (817) 488-3313 SOUTHLAKE, TEXAS 76092 DOVE ROAD W a J Li > J_ Q > Z N Y O w HIGHLAND K a_ �� 0 Q = J N w IL Q U r6 a - FM 1709 LOCATION MAP All those certain lots, tracts or parcels of land located In the T. M. HOOD SURVEY, Abstract 706, Southlake, Tarrant County, Texas, being all of those certain tracts in the name of Harry J. Bradley, et ux, et al by virtue of Special Warranty Deed recorded in Volume 9159, Page 1063, Deed Records, Tarrant County, Texas (D.R., T.Co., Tx.) (55.575 acres net); Lots 1 do 2, BRADLEY ADCITiON, as recorded in Volume 388-170, Page 31, Plat Records, Tarrant County, Texas (P.R., T.Co., Tx.); a 2.296 acre tract recorded in Volume 6843, Page 1547, D.R., T.Co., Tx.; and those certain tracts conveyed to Earnest E. do Helen To or by deeds recorded in Volume 3863, Page 460, D.R., T.Co., Tx. M.75 acres); Volume 2312, Page 624, D.R., T.Co., Tx. (25 acres); and Volume 2741, Page 267, D.R., T.Co., Tx. (5.53 acres), and being more particularly described by metes and bounds in one tract as follows: BEGINNING at a 1/2 inch iron pin found in the approximate center of Peytonville Road (County Road 3088) for the common Southwest corner of that certain 13 acre tract conveyed to Ruby L. HIII by deed recorded in Volume 6386, Page 973, D.R., T.Co., 7x., and Northwest corner of aforesaid Harry J. Bradley (55.575 cc.) tract and T. M. Hood Survey, THENCE EAST along or near the common fenced line of aforesaid Hill (13 ac.) and Bradley (55.575 ac.) tracts, passing a 1/2 Inch Iron pin found in the occupied East line of Peytonville Road at 19-7/10 feet, and continuing along said common line passing the Southwest corner of Lot 9, Garden Addition, per plat recorded in Volume 388- 208, Page 40, P.R., T.Co., Tx., and continuing along or near a fence with said common line of said Garden Addition and this tract, In all 1,967-07/100 feet to a 1/2 inch iron pin found near a fence comer for the common Northeast comer of this tract and Northwest corner of that certain 5.0 acre tract in the name of Benny & Mary Goodman; THENCE South 00 degrees 37 minutes 51 seconds West departing said Garden Addition and along or near a fence common with this tract and said Goodman (5 ac.) tract, 324-57/100 feet to a 5/8 Inch Iron pin found for the common Southwest comer of said Goodman tract and Northwest corner of RAMSEY 3.023 acre tract; THENCE South 00 degrees 02 minutes 41 seconds West continuing along or near a fence and with said common line of aforesaid Bradley (55.575 ac.) and Ramsey (3.023 ac.); HINMAN, et ux 2.799 acres; LEDBETTER 3.0 acres; KING 2.4965 acres; SEWELL, et ux 2.4 acres; and BARLEAN 5.3 acre tracts, In all 1,023-73/100 feet to a 1/2 inch iron pin found in Barlean's West line for the common Southeast corner of aforesaid Bradley (55.575 ac.) tract and Northeast corner of aforesaid Taylor (13.75 ac.) tract, near a fence corner and angle point; THENCE South 01 degree 07 minutes 16 seconds West, departing said Bradley (55.575 ac.) tract, along or near a fence and with said common line of said Taylor (13.75 oc.) and West lines of Barlean (5.3 cc.); BONE 1.41 acres; WILLINGHAM 0.79 acre; and SHUPING 2.3 acre tracts, in all 528-29/100 feet to a 1/2 Inch iron pin found at or near a fence corner for the common Southeast corner of said Taylor (13.75 ac.) tract and Southwest corner of Shuping 2.3 acres, and in the North line of aforementioned Taylor (25 cc.) tract; THENCE departing said Taylor (13.75 ac.) tract and along or near a fence, with the line common to said Shuping (2.3 ac.) and Taylor (25 ac. tracts, South 89 degrees 13 minutes 05 seconds East 28-27/1 00 feet to a 1/2 Inch iron pin found at or near a fence corner in said Shuping's South line for the common Northeast corner of said Taylor (25 ac.) and Northwest corner of BURNS, et vir (7 acres) tracts; THENCE departing said Shuping tract and along or near a fence common with said Burns, et vir (7 ac.) and Taylor (25 ac.) tracts, South 00 degrees 21 minutes 13 seconds West 580-34/100 feet to a 1/2 inch Iron pin found at a fence comer for the common Southwest corner of said Burns, et vir (7 cc.) tract anc an ell corner of said Taylor (25 ac.) tract; THENCE continuln with another line common to said Burns, et vir and Taylor (25 ac� tracts, North 89 degrees 48 minutes 47 seconds East, passing a 1/2 inch Iron pin found at a fence corner in the occupied West line of Shady Oaks Road (County Road 3123) at 642-25/100 feet, and continuing In all 660-45/100 feet to a point for corner in the approximate centerline of said road for the common Southeast corner of said Burns, et vir tract and most easterly Northeast corner of said Taylor (25 ac.) tract; THENCE with said East lines of Taylor (25 ac., and Taylor (5.53 ac.) tracts and approximate centerline of Shady Oaks Road, South 00 degrees 26 minutes 31 seconds West, passing Its centerline Intersection with Highland Street and common East corner of said 25 and 5.53 ac. tracts, and continuing In all 362-35/100 feet to a point for the common Southeast corner of said Taylor (5.53 ac.) tract and Northeast corner of J. L. Clow tract; THENCE Soutn 89 degrees 42 minutes 34 seconds West, departing said Shady Oaks Road and passing a 1/2 inch Iron pin found in the occupied West line at 24-9/10 feet, and continuing with said common line of Clow tract and Taylor (5.53 ac.) tract and along or near a fence, in all 1,637-59/100 feet to a 1/2 Inch Iron pin found at a fence corner for the common Southwest corner of Taylor (5.53 ac.) tract and Northwest corner of Clow tract, also being in the East line of F. L. Bailey tract; THENCE departing said Clow tract and along or near a fence and common line of Bailey tract and Taylor (5.53 a:.) tract, North 00 degrees 21 minutes 55 seconds East 146-83/100 feet to a crosstie fence corner poet for the common Northeast corner of said Bailey tract and Northwest corner of Taylor (5.53 ac.) tract and in the South line of aforesaid Taylor (25 ac.) tract; THENCE with a line common to said Balley tract and Taylor (25 ac.) tract and along or near a fence, South 89 degrees 50 minutes 48 seconds West 167-53/100 feet to a 1/2 inch iron pin found for common Southwest corner of To or (25 ac.) tract and Southeast corner of PALMLUND (0.17 ac.� tract and ct a fence corner; THENCE generally with the fenced common line of said Palmlund (0.17 ac.), 5.935 acres and Taylor (25 ac.) tracts, North 02 degrees 34 minutes 04 seconds East 132-54/100 feet to an angle point; and North 02 degree 58 minutes 53 seconds West 22J-27/100 feet to a fence corner and angle point found for the common Northeast corner of said Paimiund (5.935 cc.) tract and Southeast corner of Burgess (4.39 ac.) tract; SURVEYORS Vl P CO, I N C.SURYEYINC NAPPING -PLANING -CONSULTANTS 8 S. MAIN ST.FORT WORTH, TX 76110-4278 : (817)926-7876 FAX: (817)926-7878 Project No. JN Original Scale : 1 " = 200' 100 200 400 Graphic Scale in Feet THENCE continuing along or near a fence and with a common line of said Ta or (25 ac.) tract and East lines of Burgess (4.39 ac.) and Weeks 3.85 ac.) tracts, North 02 degrees 38 minutes 16 seconds East passing the common Northwest corner of Taylor (25 ac.) tract and Southwest corner of Taylor (13.75 cc.) tract, and continuing along or near a fence and with a line common to sold Taylor (13.75 ac.) and Bailey (Res) 10.09 acre tracts, In all 754-52/100 feet to a 5/8 inch iron pin found for common Northeast corner of Bailey (Res) 10.09 acres and Southeast corner of Ledbetter (4.0 ac.) tract, in the West line of Taylor (13.75 ac.) tract; THENCE continuing along or near said fenced common line of Taylor (13.75 ac.) and Ledbetter (4.0 cc.) tracts, North 01 degree 35 minutes 08 seconds East 202-77/100 feet to a 1/2 inch Iron pin found at a fence corner for the Northeast corner of said Ledbetter (4.0 ac.) tract and ell corner of said Taylor (13.75 ac.) tract; THENCE along or near a fence and common line of said Taylor and Ledbetter tracts, North 89 degrees 49 minutes 39 seconds West, passing a fence corner and continuing past a 3/4 Inch iron pin found in the East line of Peytonville Road at 857-2/10 feet, and continuing In all 879-30/100 feet to a point for corner in the approximate common West line of aforementioned T. M. Hood Survey, Abstract 706 and centerline of Peytonville Road for the most westerly Southwest corner of Taylor (13.75 cc.) tract; THENCE with said common line and survey line, North 00 degree 35 minutes 01 second East, passing the Northwest corner of said Taylor (13.75 ac.) tract at 25-0/10 feet, and continuing with the West line of Bradley (2.296 ac.) and 55.575 acre tracts, In all 1,367- 93/100 feet to the place of beginning and containing some 104.577 acres of land or 4,555,350 square feet. SAVE do EXCEPT All that certain tract of land located in the T. M. HOOD SURVEY, Abstract 706, Southlake, Tarrant County, Texas, being the same tract now known as "Hood Cemetery" and described In Volume 33, Page 18, D.R., T.Co., Tx., and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 Inch Iron pin found for the Northeast corner of said Hood Cemetery, and In the South line of Lot 1, Bradley Addition, according to the plat recorded in Volume 388-170, Page 31, P.R., T.Co., Tx., said point of beginning bears South 59 degrees 25 minutes 38 seconds West 1,378-97/100 feet from the common Northwest corner of that certain 5.0 acre Goodman tract and Northeast corner of Bradley 55.575 acre tract, as previously described; THENCE departing said Bradley Addition, South 04 degrees 41 minutes 15 seconds West 208-64/100 feet to a 1/2 inch Iron pin found for comer; THENCE North 85 degrees 20 minutes 05 seconds West 208-60/100 feet to a 1/2 inch iron pin found for comer; THENCE North 04 degrees 38 minutes 16 seconds East 208-70/100 feet to a 1 /2 inch iron pin found for corner in the South line of aforesaid Lot 1, Bradley Addition; THENCE with said South line, South 85 degrees 19 minutes 08 seconds East 208-78/100 feet to the place of beginning and containing some 1.00 acre of land or 43,546 square feet. Leaving a net area of 103.577 acres or 4,511,804 square feet. OF F ks, DAVID A. WHITE �. 1824 P y '.o �.e s PRELIMINARY PLAT for UOVENTRY AN ADDITION TO THE CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS in the T.M. HOOD SURVEY, A-706 PRESENT ZONING: R—PUD 103.6 ACRES 101 LOTS 21 NOVEMBER fw= NOV 2 11994 CASE NO. ZA 94-13, OWNERS CERTIFICATE AND DEDICATION a 7 0 50 100 150 200 SCALE IN FEET I"= 100' POINT OF BEGINNING E LTON ID+.y�1 UV V C. STATE OF TEXAS § COUNTY OF TARRANT § WHEREAS, GUARANTY FEDERAL BANK, FSB, is the owner of a tract of land out of the J.W. Chivers Survey, Abstract No. 350, Tarrant County, Texas, and being situated in the Town of Southlake, and being that certain tract of land described in a Deed recorded in Volume 5033, Page 906, Deed Records, Tarrant County, Texas and being more particularly described as follows: BEGINNING at a P-K nail set at the intersection of the centerline of Dove Road (60' implied R.O.W.) and the centerline of Ridgecrest Road (40' implied R.O.W.), said point also being in the south line of said Chivers Survey; THENCE N. 01°10'31" E. along the centerline of Ridgecrest Road a distance of 1274.00 feet to a 50d nail found for corner; THENCE N. 86*57'00" E., at 20.00 feet passing a 3 inch metal fence corner post in the implied east R.O.W. of Ridgecrest Road and continuing in all a distance of 316.54 feet to a 5/8" iron rod for corner, said point being in the south line of the Thomas A. Koen tract and being the northwest corner of the J.M. Shelton tract; THENCE S. 00'22155" E. along the west line of said Shelton tract a distance of 386.16 feet to a 3 inch metal fence cornerpost for corner; THENCE S. 88*26122" W., continuing along the interior north line of said Shelton Tract a distance of 163.92 feet to a 3 inch metal fence cornerpost for corner; THENCE S. 01°00'54" W., continuing along the west line of said Shelton Tract a distance of 900.00 feet to a P-K nail set in the centerline of Dove Road, said point also being in the south line of said Chivers Survey; THENCE S. 89*57155" W., along the centerline of Dove Road and the South line of said Chivers Survey a distance of 164.99 feet to the Place of Beginning and containing 6.192 acres of land. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT, GUARANTY FEDERAL BANK, FSB, by and through the undersigned, its duly authorized agent, William White, does hereby adopt this plat designating the hereinabove described property as OAKWOOD POND, an addition to the City of Southlake, Tarrant County, Texas, and we do hereby dedicate to the public's use the streets, parks, and easements shown thereon. WITNESS my hand at Southlake, Tarrant County, Texas this the , day of , 1994. GUARANTY FEDERAL BANK, FSB STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, on this day personally appeared of Guaranty Federal Bank, FSB, a corporation known to me to be the person whose name is subscribed to the above and foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration expressed and in the capacity therein stated, and as the act and deed of said corporation. Given under my hand and seal of office on this the day of , 1994. OWNER GUARANTY FEDERAL BANK , FSB AKA, AMERICAN FEDERAL BANK FSB 10440 N_ CENTRAL EXPRESSWAY SUITE 900 (214) 360-3333 DALLAS , TEXAS 75231 HOMEOWNER TOM MILLER 5604 OAK TOP DR VE COLLEYVILLE , TEXAS 76034 Notary Public Commission Expires: SURVEYOR'S CERTIFICATE THIS is to certify that I, James M. Anderson, a Registered Professional Land Surveyor of the State of Texas, having platted the above subdivision from an actual survey on the ground; and that all lot corners, and angle points, and points of curve shall be properly marked on the ground, and that this plat correctly represents the survey made by me or under my direction and supervision. James M. Anderson Registered Professional Land Surveyor No. 4887 STATE OF TEXAS § COUNTY OF DALLAS § Before me, the undersigned, a Notary Public in and for the said County and State, on this day personally appeared James M. Anderson, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office, this the Day of A. D., 1994. Notary Public PRELIMINARY PLAT OAKWOOD POND AN ADDITION TO THE CITY OF SOUTHLAKE J_ W. CHIVERS SURVEY , ABSTRACT 350 TARRANT COUNTY, TEXAS OCTOBER , 1994 5 LOTS SCALE ; I"=100' 6.192 ACRES ENGINEER / SURVEYOR DOWDEY , ANDERSON & ASSOCIATES , 16250 DALLAS PARKWAY SUIT (214) 931-0694 DALLAS , TEXAS / 8 CASE NO. Z A 9 4- l 4 2�19 . PROJECTS\94079\94079.DWG THIS PL A T F/L ED /N CAB. , SLIDE , PR. T.C.T., DATED W. 0. .01 Tract A Being a Tract o,- parcel of land out of the J.W. Hale Survey, Abstract No. 003 and the John A Free.-nan Survey, Abstract No. 529, situated in Tarrant County, Texas as described anc recorded in volume 3547, Page 554, Deed Records, Tarrant County, Texas, and more particularly described as follows: BEGINNING at the Northeast corner of said Hale Survey, same being an ell corner of said Freeman Survey; THENCE: South 9,9 degrees 15 minutes 10 seconds West, along a fence and the common line between said Hale and Freeman Survey 004.0 feet to an iron pin for corner; THENCE: South CO degrees 22 minutes 25 seconds West, along fence 993.75 feet to an iron pin for (:orner; THENCE• South E 9 de ees 10 de e 10 nd W a 209 6 / I I Medium 'Densi. Resudud (LUD) ---_-------,---s==--,---�--------------------------- i i '6 conn. to exist. 1 gr gr es seco s, est, t feet to an I, Ii _ Water ma'n ILI pin in the West line of a private road, then along a fence, in all 400.4 feet to I I ° --- ----- ------ _ �. i 89 4210 -��, 1185.80 --10' �.. an iron pin for corner; — — — - --__ — — -------------- ----- ------ � ---- _ h.:.. 220� 109 I10 109 100 --102 — --�-- ---167 I exist. 15' Pipeline THENCE: North 09 degrees 54 degrees 00 minutes West, along a fence 19.5 feet to I� I I easement a stake for cor r er: I 5 I �, trees I C s� i ( 3 /o 1 M 2 7 M 4 i 220 I� �' a` N AN 0 THENCE: North 0.' degrees 21 degrees 22 seconds East, along a fence, 622.02 feet �' °� 5 00 6 o� 8 to an iron pin f car corner; , - �' L 6" sa n. sewer din ; , o — — — — — 6 water main �O 4 a IO 3 h,ildir— ►ins G�Qj \ `�o, - I �11 THENCE: South 00 degrees 50 minutes 57 seconds East, along a fence, 111.55 feet I_10 u.e. I 109 110 32 7 104 59 6 139 to a pipe for corner; 221 M o 100 102 � ^I I JOl I H µr uK ou MH THENCE: North 00 degrees 14 minutes 03 seconds East, alongd fence 004.85 feet `�' I cr 100 106 45 63 �::. to d pipe or corner: f f t aJa\ 3 119 26 P P f I-t, 4' 210 ine — — g IO THENCE: South 09 degrees 42 minutes 10 seconds East, along a fence 1105.0 feet I 1�• RCP �� r,.:: 6" sd sewer main . 15 14 �' 13 ko 16 ° to an iron pin for corner; 0 w� � I � / 12 ° 11 � 10 o I I .:`: '' I Ln 2 2415, u.e. .-j THENCE: South 00 degrees 31 minutes 30 seconds East, along an irregular fence �� Q) I h~ o, 8 tiJ --- — j —------ 407.4 feet' to the POINT OF BEGINNING and containing 20.053 acres o land, o (� I 65 — — — 106 — — 11— — — — — — — — �1— — — — ll� — — 3 — _ — _ — f f John A. Freeman Survey 4 which 0.962 acres are in the J.W. Hale Survey and 11.09 acres are in the J.A jW. Hale'5urvey 154 509015'10"W 88 •80 Freema n Survey. 1 / � r / 11 00 1 1 17 11 6" easement water main I i exist. 15' Pipe Line t IQ bldq• li� I i I I I� I 127a. 129 li Q O 10' U.F. & D.E. 1 I .r �I o 1 S — I I I c y °O 127 C 1 18 ILn II10' U.E. 13 I I ° m I� 7 I 14 RCP I" {•:-' »• I i �• Y I I c 120 588 °58'S "f! :: —.. —..—..—..—.. 111.55 ) r----- 120 19 �I I Lo 6" sd n. sewer main 6 / 1 224 / 141 Io h M NI NOTE: A11 existing structures on thisil .;..•0 �� N 5 / � "o � 6" water m i 2 Site CO t 193 20 1 I t N I l I80 3 kO 11 c I s .•�.' , � 21 o I Y y�aJ I u•E. s I'� Note: No buf feryards are required for this development. � v v 109 ° -a 1 0 181 022 QI Uj � N ► � IIConnect to exist. san. sewer I• MH MH 214 � IN N_.P1 \ 0 1 141 2 30' RCP O Z I I 246 1 I 23 4 W 18 � w L 1 30• RGP o o 35' bldg. line I headwall— �I — 127 — 251 �YilooQr� -r- —o N89054'00"W �� cone to ex. "- 1 n 5O �� : ;•' r f,• 6 Wd ter + Construct 24' RCP & hdwls o a I _` 0 main o' o `'� existing 6• water line e`�h :. J�J a Note 5wak along r, �q, py ': Carlise and exist. Olt) �r Note: I I culverts to be �CP� I \y t MH spacing do 3 I constructed as Cdrllsle not t c;l wired re :'} �V •'. � ;•`.,:' Ja exceed 500'. o-� '► I 9 {..• ;•='4,.. �0— MH 1,.-existing FHaJa I ' 6" san. sewer mainf MH NO. DATE DESCRIPTION BY 1 1/10/94 gen. rev. per review dated 11111194 dml Fur scale: 1 "=100' GRAPHIC SCALE ( IN FEET ) 1 inch = 100 ft. str. Hood -Troop Rd No s '10 N wy. Keller- pevive Rd E. 50putMake Rd Z Th1 51 In d 4 ' R3irbow E. Continental Blvd 63 Yiciplit y Map 51 TE DA TA existing zo ni ng......................................... 5F20 proposed zoning ....................................... 5F20 totalarea .................................................. 20.05 do-. totalno. lots ........................................... 35 lotdensity ................................................. 1.7 lots/ac average lot area .................................... 23,000 s f min. lot area ............................................ 20,000 s f land use designation (LUD) ............:.... Med. Den. Res. 1� Concept Flan Of Napa va��y Es t 6 t S a an addition to the City of 5outhlake Tarrant County, Texas 20,05 acres out of the J.W. Hale Survey, Abstract No. 003 and John A. Freeman Survey, Abstract No. 529 10122194 Developer: Owner: E ngi neer: Allegghemy Land Co. Theron Ragan Daniel M. Long, P.E. 4035 L8J FREEwdy 1512 Rainbow 5treet 1700 Smith Lane Suite 850 Dallas, Texas 75244 5outhlake, Texas 76092 Arlington, Texas 76013 817/ 400-7058 (214) 305-3310 F 817/ 275-3431 p TEr,�OO°a if 9 88-9808 4 � °o NOV 2 21994 ; j e .M . jJ * • ...••• -oc;9. • °n\e� Case No. 94-134 � . •'� Case No. t dS'ed ZA 94-135 °°ee 10 tON��SHEET 1 OF 1 10 JOHNSON Mw F ISO_ THLAKE BLVD.I/� PROJECT SITE VICINITY MAI I" : 2000' LINDA COOKE VOL. 4068, PG. APPROVED CITY OF SOUTHLAKE PLANNING a ZONING CHAIRMAN SECRETARY 1 DER & RHEA 8 AE 0 g49 I82, E NIII.LER 1 VOL. RHER EA NA MI�� I NELSON 2 PG 542 VOA• g78 � UX. I RT R WHITE HERgE EITE 1 9ETTY681 2 1 pG [964 \10L. v CURVE DATA � = 02005' 03" R = 1974.86 T = 35.92' i - 71 RA, APPROVED CITY OF SOUTHLAKE CITY COUNCIL MAYOR SECRETARY VOL. 4110, PG. 13 SCALE: I"= 40' 0 20 40 BO GRAPHIC SCALE STATE OF TEXAS } COUNTY OF TARRANT } Before me, the undersigned authority on this day personally apperared CARL E. WILLIAMS, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he expressed, in the capacity therein stated. Given under my hand and seal of office on this the day of ; 1994. Notary Public We, the undersigned, as duly authorized representatives of the respective utility companies, hereby express no objection to the abandonment of the easement so noted on this plat, said easement being previously recorded in Volume Page of the Records of County, Texas. Texas Utilities Electric Signed: Printed Name: Title: Date: GTE Southwest, Inc. Signed: Printed Name: Title: Date: Harron Cablevision of 'Texas Signed: Printed Name: Title: Date: Tri-County Electric Cooperative, Inc. Signed: A Printed N.4me: Title: Date: Lone Star Gas Company Signed: Printed Name: Title: Date: Sammons Communications, Inc. Signed: Printed Name: Title: Date: STATE OF TEXAS } COUNTY OF TARRANT } WHEREAS, WE, SOUTHLAKE CHURCH OF CHRIST, and acting by and through the undersigned, its duly authorized agent, CARL E. WILLIAMS are all of the owners of a tract of land situated in the J.G. Allen Survey, Abstract 18, County of Tarrant, according to the deed recorded in Volume 4622, Page 807, Volume 2060, page 166, and Volume 4381, page 491, Deed Records, Tarrant County, Texas, and more particularly described as follows; BEGINNING at a 2 inch iron pin set in the South line of Farm to Market Highway 1709 (East Southlake Boulevard), said pin being South 23.93 feet from the original Northwest corner of Lot 1, BROCK ADDITION, to the City of Southlake, according to the plat recorded in Volume 388-44, Page 40, Plat Records, Tarrant County, Texas. THENCE SOUTH a distance of 590.01 feet along the West line of said BROCK ADDITION to a inch iron pin found for corner; THENCE WEST a distance of 232.80 feet to a 2 inch iron pin set; THENCE SOUTH 000 15129" EAST 13.19 feet to a 2 inch iron rod set; THENCE WEST 301.50 feet to a 3, inch bolt found in concrete; THENCE NORTH 0303813411 WEST a distance of 490.13 feet to a 2 inch iron pin set in the South line of F.M. Highway 1709; THENCE NORTH 7902215611 EAST a distance of 402.43 feet to a THD monument found for the beginning of a curve to left, having a radius of 1974.86 feet, a central angle of 020 0510311, a chord bearing of NORTH 7802015811 EAST, 71.83 feet; THENCE along said curve to the left an arc distance of 71.83 feet to a THD monument found for the end of said curve; THENCE NORTH 750 40142" EAST a distance of 102.68 feet to the POINT OF BEGINNING and containing 6.80 acres of land, more or less. NOW THEREFORE, Know all men by these presents; That WE, SOUTHLAKE CHURCH OF CHRIST, by and through the undersigned, its duly authorized agent, CARL E. WILLIAMS being all of the owners do hereby adopt this plat designating the hereinabove described real property as LOT 3R, J.G. ALLEN No. 18 ADDITION, an addition to the City of Southlake, Tarrant County, Texas, and I do hereby dedicate to the public's use the streets, and easements shown thereon. This plat does not increase the number of lots or alter or remove existing deed restrictions or covenants, if any, on the property. Witness my hand, City of Southlake, Tarrant County, Texas this the day of 1994. STATE OF TEXAS } COUNTY OF TARRANT } Before me, the duly authorized agent on this day personally appeared JOHN LOGAN , of SOUTHLAKE CHURCH OF CHRIST, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed same for the purposes and consideration therein expressed, in the capacity therein stated. Given under my hand and seal of office on this the of 1994. Notary Public SURVEYOR'S CERTIFICATION day THIS is to certify that I, Hugh E. Peiser, a Registered Professional Land Surveyor of the State of Texas, having platted the above subdivision from an actual survey on the ground; and that all lot corners, and angle points, and points of curve shall be properly marked on the ground, and that this plat correctly represents that survey made by me or under my direction and supervision. , HUGH E. PEISER R.P.L.S. NO# 3688 PLAT REVISION LOT 3R J. G. ALLEN NO. 18 ADDITION BE.:vv A REVISION OF A PORTION OF LOT 3 J.G. ALLEN NO. 18 ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 1301, PR.T.C.T. , AND A 4.007 ACRE TRACT OUT OF J. G. ALLEN SURVEY ABSTRACT NO. 18, AS RECORDED IN VOL. 2060, PG. 166, D.R. T.C.T. CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS O 94 TNOV 2 119 OC,TOBER 1994 / 1 LOT PLAT FILED IN CABINET _ SLIDE DATE �- OWNER/DEVELOPER OWNER/DEVELOPER SURVEYOR CARL E. WILLIAMS 4525 E. B ECKNAP SOUTHLAKE CHURCH OF CHRIST PEISER SURVEYING COMPANY, INC. FT. WORTH, TX 76117 2501 WEST SOUTHLAKE BLVD 1333 CORPORATE DRIVE, STE 103 (817) 834-2806 SOUTHLAKE, TEXAS 76092 7RVING, TEXAS 75038 (817-379-5298) (214-714-0420) ragF NO 7A oe_IOC- P-*S/9 E. I. W I ESMAN = 71 93 / E'= N7$°2C uS1�1-> I 1 SCALE: I = 40' 1� �'�— \ \ 0 20 40 80 ' / _T5 ` I < . .� •� \ \ 1 ( I I I h I GRAPHIC SCALE INLE-T E F kA ° c40!\I, _\ 1 I �► ICI �X�G I I 11 I j0U \ �� TREES CAP, RESIDENCE I B►DCLAS PORTABLE ' J '—I II Q�'� I I I �ORTAB ODG.S / / 'JrBLDG. / / J I I % TO BE LOCATED UNTIL GAT' MAY, 996 IT I o`' EX. HOU JI 1 o REMAINI ` I m J o W / C HC_ O / G 1 1 HC \ J \ \ \ TO RE AIN� / i \ \ � sAz. � � � 0 — � 01 i C3 Cr SEA- n E" ' I / ' L. U. D. =LOW DENSITY RESIDENTIAL EXISTING ZONING U) O / r0 J 2 x — CP76 �� / / , STIN5/ZON&G AS DENSITY RESIDENTIAL _ — / / L . U. D. LOW i � �lo, IS IN NI G As. Ih0 N N / / RESIDENCE POr/ CS�i ES RO�SEG, i - ,� 1000, , / 1 I / loo, / / / / / I / / / / i' loo,// /01 //z / / I'll // UtEfEFr // /i � /1-1 0 / �i / /� / / / �/ / Icy / 'loll/ //� I // g./ LyI�D•=,LOW DE,,NSIT loll /RESIDE IAL/ // / s X / //1100, loll / I �' loll 1-1 101, RESIDENTIAL LOT / IT�EE/$ �10' UFFE YAR J C % TREES / I b 3 I / /' /' / IL-4 ESMT. A / 10' BUF'FERYARD/C�_ T V/ f ,'j �— T / T— % SOO° 15 29" E E. I. WIESMAN ET. UX GLENDA F EXISTING ZONING AG L. U. D = LOW DENSITY RESIDENTIAL NOTE: ALL EXTERIOR WALLS TO COMPLY WITH MASONRY ORDINANCE NO. 557. OWNER/DEVELOPER CARL E. WILLIAMS 4525 BELKNAP FT. WORTH, TEXAS 76117 (817) 834— 2806 REQUIRED BUFFERYARDS Canopy Accent Required Provided Trees Trees North-493' ■ 10'-Et 10'-Et 5 10 East-590' 10'-C 10'-C 18 24 South-548' 10'-C 10'-C 16 22 West-490' 10'-C 10'-C 15 20 Shrubs 39 71 66 59 t H1 - Hedge of plantings shall be a minimum of two feet in height and planted no further apart than 30" on center. ■ This distance reflects the exclusion of two 24' driveways and one 36' driveway as recommended by Staff REQUIRED INTERIOR LANDSCAPE Canopy Accent Ground Trees Trees Shrubs Cover Area req'd = 5,070 s.f. t 8 17 85 507 s.f. t Of this area, 10 s.f. per parking space is required as planter islands in the parking areas. CONCEPT PLAN FOR 11CSif ZONING REQUEST SOUTHLAKE CHURCH OF CHRIST BEING A REVISION OF LOT 3, J.G. ALLEN NO. 18 ADDITION, 4.007 ACRE TRACT OUT OF J.G. ALLEN SURVEY ABSTRACT NO. 18 REVISION OF J. G. ALLEN NO, 18 AUDITION AN ADDITION TO THE CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS 6.80 ACRES OUT OF THE J.G. ALLEN SURVEY, ABSTRACT 18 BEING A REVISION OF LOT 3, BLOCK 5, 4.007 ACRE TRACT OUT OF J.G. ALLEN SURVEY ABSTRACT NO. 18, V. 2060. P. I& OF J.G. ALLEN NO. 18 ADDITION, AS RECORDED IN CABINET A, SLID�iA f1 NOV 2 11994 JULY 1994 / l LOT AQVEMBER 1994 OWNER/DEVELOPER SURVEYOR SOUTHLAKE CHURCH OF CHRIST PEISER SURVEYING COMPANY,'INC. 2501 WEST SOUTHLAKE BLVD 1333 CORPORATE DRIVE, STE 103 SOUTHLAKE, TEXAS 76092 IRVING, TEXAS 75038 (817-379-5298) (214-714-0420) CASE NO. 94 —125 p06/9 B r43 �" r e cry, tr ° �,ti rt '? - I e. ,d, r . .r 'pK �4 xt ,i ,tl�,;,-'!�,' , :�h' ti{ + 1 i .tF k y r i t ,;o" a '� �`, 3., , " '"+s +r " F =•r,- 't ' 'fir '� t , x fi 4t, w t : r I s , A` y� ;. i yt.; r 'J { f , - : �- Y t it 7 g r w : s+h r ii S s, a X.bS - f y t } ! x, 6 7 " , - k ;V ys you-y,'.r(': s b. a L +S, ✓< + 'a Y',r 1 k` W 2 - Y i7 1 1 `:Y a;1 l" r.. ... .r .'. 2 ,+ r,. ,, n S.. ,,., ,: y, .. r. .a. ..:: § + .. y r. i. k ..♦ , . .. r. ,,. 4. ,., i C.... .. o. - ..7} Y... .. , ., .. 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' - . r a r i ., ..., a 1. r.-'F=.., 2 f, w. .. , r.. a . r r r % + .. a M x k, d ...,. _ g. r . i ... < a s ,-; .. 11 : ,, W-... ..: .. _ -,.r ,.. , .. , - - 1, 4 ,. ._Y ,. . :. ' LON G HAWKINS AND WIFE , .. , ...a ; a Y'. r .. < .. n n: �, K K. HAW KNS , ZONING AG . _.. 4.. ,.., PAGE 720 n: - NTIAi. �' , Vitt. �SQ3 LU.D. LOW �NSITY f31DE r $ { • - 1.1 - .. I I'll af,_ .1. . : y .s .. ?a V —4 �/ 1� e• N. , y, a• ��. , e -" , - •,. 1 '� ` �� V r _"�'� l a ',,�,,� �, ---, O� I2 �2 I2g8 38 t. ,, ;'fielse m r - 0f( •c: ., fI _ r NOW _ _ _ ears sass ___--, -._ .. s. _ _ - _ _ ____. _. --- _ _ _ _ _ _._ --_ 10' BUFFER YA TYPE °C" _ --- ---- i_--_- d, ji,�7 r ,: - l "�.._,- _ -- I /` 1 pt1LDING Ly14�E K)�I�I.LIt1I: x I _- ' �I-�,-_ _*-,,-)/-i1'A—RLS--^ I f � ,/ ( — _ 1 - EXISTING SHED x�.s r GENERAL LIMITS OF EXISTING _ ,- TO BE REMOVED 9 f RAND P CARLSON AND WIFE TREE COVERAGE ' ss VHERR!LL PAGE 197�3� ----. R / nH i� v J a(,� •%,f`h x " OL 9093, _ DUMPBTZ ZONING AG --- - - --- --' - f I ;I \, NTIA _. -- ! i L.UD. = LOW DENSITY RESIDE L { , , FUTURE RECREATION - _ --- ' 17I/ ,I t - AREA -- - - - LANDSC -ED ARE�4- - i /`\ ,� ' I " �- NO LIGHTS OR SOUND -- T- -- I- J n } SYSTEM - - - __ U Cv i i / \\ �—J V C----�/ 111. - -- r j �,} 0 - - M---- ----- 4% . x � L 15.2i8 {ACRE TRACT oc �)) / ,. W , � r X '� SURVEY V E Y ._ -_ U- � r" ,A L L E N S - V,e/ �. R A LON G HAWKINS AND WIFE KAREN K. HAWKINS ZONING AG VOL 9885 PAGE 155 LU•D. - LOW DENSITY RESIDENTIAL mmosininni sae s� ��= s� � CITY OF SOU I HLAKE, - 6- �1 T,�R(�ANT COUNTY, TX 7- ''.e �.,- F x r PHASE TWO 30A00 S.F, �` - \ 1 ' .1 ,-' -\ % ONE S70AY WORSHIP CENTER o ",. v/ AND EDUCATIONAL SPACE 00 f"-.1 f- ,,-, /,, � '� OCCUPANCY TYPE A 2,1 tap t ` �r ., .''r ` , ;. CONSTRUCTION TYPE If-iHR _ f r f �� - x f Z JOSEPH MORTAZAVI AND WIFE x '.� ` ^ �� f --- a v l r / . I KMLA MORTAZAV! `r' f A 1 f VOL 10299, PAGE 1354 � 11 �'., ' ' ,.- \ ` H .''� f ZONING AG ' EXISTING POND ._ _ LU.D• =LOW DENSITY RESIDENTIAL TO BE REVISED FOR "' /` "I ` "I" r%,� Y- -T h�"�� - TORM WATER ! `~- STORM e u w r_c G� FNTIDN d '": '�. / -'� L� � ., � iJ 1 , I . y L_..._-r` JOSEPH MORTAZAVI AND WIFE �� - - - -'i -. VOL 9310, PAGE 1837 - �,_,/ ZONING AG -_ L.U.D. = LOW DENSITY RESOF--NTUL 30` DRAINAGE EASEMENT ( [—i- I j i — 15' BUILDING LINE L = �- I _- - -- L -- - _ _-_ ---------._- 30` DRAINAGE EASEMENT -_ ._, 1� _ - --- _- -_ - ----- - -- _�- _.._ _-- --- --- - -- — _ __ . t0' B4tFFER Y�Ro TYI°E " _L-.- --- _ __.. '-- i-I, -- _ - - ..... "' '� ---,,\, S 010 I °(' 18" E 14 (0 3.2 3 / ELMER I. WEISMAN and WIFE, GLENDA WESMAN VOL. 4089, PGL9 T I . 4-, -� Ahla;h�-, . -----] DESC,RIPTiON of a 1528 acre tract of ;and situated in the �;.C. Alien survey, Abstract 'Io. 18, Tarrant ., Courty, Texas said :Tact being located in the City of Southlake. Texas and being that "Irtcutar tract of land described in deed to Bedford Savings, recorded it vol,,me 9239, Page 811, Tarrant County peed records; said 15,218 acre tract of land being more oetioulariy described as follows: BEGINNING at a V2 inch Iron rod found for corner n the south lane of FM 1709 (West Southiake Blvd., variable width right of way) said point being the northers: corner of said Bedford Savings tract and being the southeast corner of a tract of land described in deed to the State of Texas, recorded in Volume 10017 Page 1545, -arrant County Deed records. said point also being the southwest corner of a tract of land described In deed to the State of Texas. reooroed In Voiume 10000, Pas 761, Tarrant County Deed records, and being in the west line of a trait of land described In deed to Elmer I, Wiseman and 0e, Glenda Wiewun, recorded In Volume 4089, Page 9, Tarrant County Deed Records; THENCE, south 01 degrees 19 minutes 18 seconds East w th said west line of the Wlesman tract a distance of 1463,23 feet to a 1.2 nch ,non rod found for :orner, said point being the southwest, corner ^' of said Wiseman tract and being in the north line of a tract of land described in deed to Joseph Mortlzavl and vAfs, Kamisis Mortizavi, recorded in Volum9 9318. Page 1637, Tarrant County Ueed records; T-tENCE north 88 degrees 59 m+mules 22 seconds West wrh said north One of the Mo t zavi tract at a distance of 1t547 feet passing the northwest corner a1 a: id Mart zavl tract; mid pant beir>g the northeast corner of a tract of land described in deed to Joseph Mort4evi and .wife KamW Mort! zav:, recorded In Voiurne 10299, Page '354, Tarrant County Wised records, continuing 4th the north ',ine of sold second referenced Mortizavi tract, at a distance of '1:96,93 test passing the northwest oornerr of said second referenced Mortlzavi tract and the northeast comer of a tract'of land described in deed to Rand P, Carlson and wl's Sherrill G. Ca -son, recorded in Vol:ud>'a 9093, Page '973. Tarrant County Deed Records; continuing vAth mid north line of the Carlson tract in a4 a distance of 490.22 feet to a 1/2 Inch iron rod found for corner; said point being the northwest of said Carlson tract and being in the east line of a tract of land described In deed to Lon G. Hawk-ns and wife Karen V. Hkykins, recorded Ir Volume 8563, Page 120, Tarrant County Deed Records; T-iENCE, no-tn DO degrees 12 mnutes 52 seconds West with uid east line of the Hawkina tract, at a distance of 786.5 `eat passing the southeast corner of a tract of land described in deed to Lon G. Hawklns and wife Karen K. Hawkins, recorded In Voturris 9885, Page 155, Tarrant County Deed Records, continuing with said east " of the second refs snood Hawkins tract, in all a distance of 129938 feet to a '/2 Inch Iron rod found 'or corner; said point being the northeast corner of the second referenced Hawkins tract anc being in said south pine of FM 1709; T- THENCE north 69 de sea, 09 minutes 04 seoords East +with said south line of FM 1709, a orstance I of 150,01 feet to a L'2 lmh iron rod with 'Pacheco moot" cap found at an angle point; T- ENCE, North 65 degrees 53 minutes; 29 seconds Eas • cortJt+ume w+th said soi.0h line of FM V09, a distance of 177.91 ,'"t to a 1/2 inch iron rod found! at an angle point said paint bring the wee': corner of the first referenced State of -exas tract T-1ENGE. North 79 degrees 22 minutes 39 seconds Eastvvltlr the south lire of the first referenced State of Texas tract a dis:anca of 13I.44 feet to the POINT 0P BEG+NIONG, ZONING AG LUI), = LOW DENSITY RESIDENTIAL to I W W W -ja- Y � :u N 9 �JO. CS v I F,M. 17 a 1; i `� .` . SITE o D > 4 UNION CHURCH 1111111111111111 2 VICINITY PLAN NOT TO SCALE CC►NCEPT PLAN SCALE P - 'SO'-O' PHASE ONE 12,000 S,F, ONE STORY ACTIVITY AREA AND EDUCATIONAL SPACE OCC, TYPE A 211 CONST TYPE N-1HR i' 74 mowmmwmmmmwm�ease :' EXISTING SPECIMEN TREES TO BE PROTECTED: REQUIRED BUFFER YARDS SIDE REO'D PROVIDED CANOPY TREES ACCENT TREES SHRUBS GROUND COVER NORTH 437' 10'-E IO'-E 4 9 35 N/A EAST 1440' 10'-C 10'-C 44 i se fig N/A SOUTH 490' 10'-C - 10'-C 15 , 20 59 N/A WEST 1295r 101-C 101-C 39 52 155 N/A HEDGE OF PLANTINGS SHALL BE A MiNiMUM OF TWO FEET HEIGHT AND PLANTED NO FURTHER THAN 30" O,C. REQUIRED INTERIOR LANDSCAPE PHASE ONE 3,`00 5.F +10'5.F./PK SP 4 12 60 3G0 S.F. PHASE TWO 9,000 S,F: +iO'S.F./PK SP IS 30 150 900 S.F. I PC I � 2 \— — C0 =ram t a 7: 0o 10 Z k Q r; Z0 \ ,"", INTERS OR _,.APMSCAPEI AREA (P- V v. 2 7' E2 E 2-luV / M z- 6m Q P \ '-4- 1 1 `` o \ , -::�A O ,� t9 _i \, ,4PP 6- "- \ @� . - �\ , _ -. \ /)` \ -�- GENERAL LIMITS OF EXISTING TREE COVERAGE WITH MAJOR I SPECIMEN TREES INDICATED POINT OF BEGINNING \- CONCEPT PLAN FOR CS ZONING FOR A NEW ENTER TI BER AKEWORSHIP COMMUNITY CH RCHR OWNER/DEVELOPER: TIMBERLAKE COMMUNITY CHURCH, INC. P.O. BOX 92483 SOUTHLAKE, TEXAS TARRANT COUNTY, TEXAS EXISi7ING ZONING AND USE ZONE AG WITH AGRICULTURAL USE EXISTING LAND USE DESIGNATION: LOW DENSITY RESIDENTIAL, PROPOSED ZON►NC AND USE: CS --COMMUNITY SERVICE - TOTAL ACRES 15,218 ACRES PROPOSED CONSTRUCTION PHASE ONE: 12,000 GROSS S,F, , ONE STORY STRUCTURE 500 SEAT CAPACITY GYMNASfUM/MULTIPURPOSE WORSHIP CENTER. ADULT ANDSAN D S MINISTRY INIS R t EDUCATiONAL SPACES STAFFiCE CES PARKING FOR 14"i AUTOMOBILES, 4 HANDICAPPED SPACES PHASE TWO: 30.000 GROSS S.F. ONE STORY STRUCTURE 1200 PERSON CAPACITY WORSHIP CENTER ADDITIONAL ADULT SUNRAY SCHOOL SPACE PARKING FOR ADDITIONAL 233 AUTOMOBILES, 4 HANDICAPPED SPACES l BUILDING WiLL CONFORM WITH MASONRY ORDINANCE NO. 551. SITE DRAINAGE: EXISTING DRAINAGE ALONG EAST PROPERTY LINE WILL BE REROUTED ILE5T OF EXISTING TREES APPROX. 360' ALONG EAST pQOPERTY LINE IN AN OPEN GRASS LINED SWALE. THE EXISTING ND WILL BE MODIFIED TO PROVIDE STORM WATER RETENTION TO iNTAIN PRE OF-OPMENT LEVELS AND EXISTING DRAINAGE PATTERNS. R ADDITIONAL INFORMATION REFER TO ATTACHED 'Ai. STUDY FROM METROPLEX ENGINEERING CONSULTANTS, INC. PaRIGINC� ,AND GENERAL ,AREA LIGHTING: ALL PARKING AND GENERAL AREA LIGHTING WILL BE PROVIDED BY ARM MOUNTED "SHOEBOX" STYLE POLE LIGHTS, APPROXirA'TE HEIGHTS TO BE 20' TO 25,, F lxX rURE LOCATIONS WiLL BE DESIGNED TO ELIMINATE ANY LIGHT SPILLAGE OR GLARE TO ADJACENT AREAS. ALL AREA LIGHTING WILLENTROL EO BY TIME. BE PROVIDEDAAD THE RECREAT ©N AREAS. AUDITORYNPHOTOCELLS, NO LIGHTING (OR QASE NO, 94-II8 _.- v INTERIOR LANDSCAPED AREA t - REVISION 1 II-1-94 PARKING REVISION SHIFTED BUILDING 9 do (a to M IM x m- No 0 0 1-- I co _ W C= W C 0 U') -t- X r7 u IIIIIIIIIIIIIIII C 0 Q LL IIIIIIIIIIIIIIIIIIIIIII . ruL X -1-. co (0 N 9 M o O I (qJ 5 Im co © T -. , tD) V/1 I %N 1 I`, ,' 0 t.n 00 I-- M _- D �� Cr I.LJ `�// z O. (Y a - "Z 0 70 V u- T 000 Uj 4- z "i >- 4 OiLl-_! �' / �J) z z CO W �D U U CL/ OL U O-) O :1 U 4 U.-_ to X a--- �-3 W W _U � () 0 U 0) JIMi�r�� I NOV 2 11994 NOVEMBER II. 1994 OF I i. _ r u. 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