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1994-11-15 CC Packet { , City of Southlake,Texas MEMORANDUM November 11, 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 November 15, 1994 1. Agenda Item No. 4A. The Department reports are in your packet. Please let me or the Directors know if you have any questions. 2. Agenda Item No. 5A. Resolution No. 94-57, Interlocal Agreement with the Trinity River Authority, gives the City the responsibility for the r.o.w. land acquisition phase of the Denton Creek Wastewater Interceptor Pressure System. Note that the contract (tii,y provides that TRA will pay the City's costs for the land acquisition (including contracts with outside persons to assist us in the process as well as our associated legal fees). These will be part of the project costs and will be paid for by the bonds issued on our behalf by TRA. The bonds will be retired through our system's bonded indebtedness. We are handling the land acquisition phase of the project because the City has less bureaucratic impediments, which should save time and money, and enable us to complete the project sooner. 3. Agenda Item No. 5B will authorize the Mayor to execute an agreement with Espey, Huston, and Associates for professional services to acquire r.o.w. for the Denton Creek Pressure System, Phase III. Our agreement with TRA authorizes the City to contract with other firms to acquire the r.o.w. We propose to use Espey Huston since they are the design engineers for the project with TRA. We have worked with Espey Huston on previous TRA projects in Southlake and are pleased with their ability. L 4. Agenda Item No. 5C would authorize the Mayor to execute an agreement for professional engineering services with Cheatham and Associates in connection with the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 11, 1994 , Page 2 design of our ground storage tank to be constructed in the vicinity of Pearson Lane. We are in negotiation with the City of Keller about the specific site location, but will not have the exact site determined for several months. However, much of the design will be the same regardless of the specific site, so it will be in our best interest to proceed at this time in order to stay on schedule. The project should be completed by the summer of 1996. 5. Agenda Item No. 5D will authorize the Mayor to execute an agreement for professional engineering services with Cheatham and Associates to design the sewer systems for the five(5)subdivisions(Vista Trails, Cimmarron Acres, Emerald Estates, Whispering Dell, and Highland Estates) to be included in the first year sewer assessment program. Although the City Council has not yet determined how to structure the assessment program, there has been enough interest in sewer service for these subdivisions to proceed with the engineering plans. Additionally, these subdivisions are ones where sewer service is available to the general area. It is in our best interest to proceed at this time in order to stay on our April, 1996 completion schedule. 6. Agenda Item No. 5D will authorize the City Manager to execute a contract for Wrecker Service where needed pursuant to the exercise of the City's police or governmental powers. The contract is authorized by our Wrecker Ordinance (No. 578) approved by City Council in April 1994. The proposed contractor meets the requirements of our wrecker ordinance. Our contract does not preclude other wrecker companies from being permitted to operate in the City. A copy of our wrecker ordinance is included in the packet for your review. We have also included an excerpt from the contractor's bid submittal pertaining to charges for service. L 7. Agenda Item No. 5F. Resolution No. 94-61, will amend the City's fee schedule to include a permit fee for wrecker service companies operating in Southlake. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 11, 1994 Page 3 The fees recommended by staff are $24 per year per wrecker vehicle, and $12 per year per authorized driver. .DPS staff believes the fee is reasonable. Staff also recommends waiving the fee for the wrecker service contracting with the City. 8. Agenda Item No. 6B. Presentation and Recommendation from the Charter Review Committee. Please note the typo on the agenda which refers to the Charter Review Commission rather than Committee. The minutes of this meeting will reflect the proper designation. The Committee will make a presentation and explain its recommendations. Most of the recommendations are mechanical, including the provisions which will remove the requirement that ordinances be "read," and requiring ordinances to be considered only on regular scheduled meetings. The provision which will require the Judge to be a resident of the City would place the same requirements for office on the Municipal Court Judge, as for City Council members. When our Court of Record was established in 1990, the City Council was concerned that there would not be enough attorneys residing in Southlake to provide electoral competition. That is no longer the case. The provision to extend the term of the Judge to the same as City Council members corrects an oversight that occurred when the Charter was amended in 1991 to meet the state law requirements concerning our Court of Record. The most sweeping recommendation proposes at large district elections, with residency requirement established by place. This is not to be construed as or confused with single member districts and the accompanying connotations. L In considering needed changes, the Committee used a July 1994 publication by the Texas Municipal League, Texas Home Rule Charters, published specifically to assist cities Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 11, 1994 Page 4 interested in the adoption of new or revision of existing Charters. There is a section in the'monograph concerning variations of single member districts including the provision to require candidates to live in a district but be voted on city-wide for the place or seat. It is my perception that the Committee's recommendation on the election by residency requirement was founded on concerns regarding changing population shifts as the City develops, and divergent interests. (For example, land use issues may be viewed differently by those who live in PUDs, SF-20, and SF1/RE/AG.) The Committee was concerned that steps be taken to assure that the three areas of town be represented. If such a change is to occur, it must be initiated at a time when all three districts have representatives to elect at one time. The next time this can happen is in May 1995. Since Councilmember Farrier has reached his term limit, and since Councilmember Franks has moved to Diamond Circle (as of Monday, November 14), it works out this next election. In 1996, both incumbents will be eligible to run again in their proper district. Councilmember Richarme will not be able to run for reelection in 1997 unless he moves; however, he would be able to run for Mayor since that slot will be up for City-wide election. Attached hereto are two handouts used by the Committee in looking at the issue. One indicates the place designations by district, the year of election for each place, and the current Council members by new/current place. The other handout shows the population and housing density in each district. One side of the handout indicates the population at build-out (ultimate population 46,376). The other side of the handout shows our best estimate of the current population for each district. We arrived at the current estimate by determining the current number of single-family residential units in each sector or district, and multiplying by 3.1 -- the average number of persons per household for planning purposes. This is slightly lower than the NCTCOG average number. We feel this is a fairly good estimate of our current population. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 11, 1994 Page 5 Note: The Committee will make its presentation following the Public Forum. City Council may want to consider Agenda Items 8E and 8F out of order to immediately follow the Committee's presentation. Agenda Item 8E will be the first reading on the ordinance calling the election. The attachment in blue under Agenda Item No. 6 is the Committee's presentation of the red- lined/highlighted Charter changes and is replicated in yellow under Agenda Item No. 8E as an attachment to the ordinance. The material was printed twice in order to avoid having to flip back and forth. Agenda Item 8F is the resolution setting the procedures for the election. 9. Agenda Item No. 7A, second reading, Ordinance No. 480-157 (ZA 94-127), Rezoning request for 16.9 acres from AG to SF1A. There have been no changes since Council approval of first reading. 10. Agenda Item No. 7B, second reading, Ordinance No. 480-158 (ZA 94-128, Rezoning request for 24.64 acres from AG to SF-20A with concept plan. There have been no changes since Council approval of first reading. Note that the review letter for the concept plan must contain the same comments as the first reading review. Any motion to approve must delete the same items as the motion in the first reading. We do not anticipate a large citizen turn-out for the second reading, but do anticipate a representative from each of the subdivisions to be at the meeting. 11. Agenda Item Nos. 8A& 8B, first reading, Ordinance No. 480-156 (ZA 94-125 and 126), Rezoning and Concept Plan, and Plat Revision for 4.007 acres, AG to CS. The applicant has requested that these items be tabled until December 6, 1994. They are going to make modifications and need the time to allow staff to review changes prior to the Council meeting. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Inierest (410., November 11, 1994 Page 6 12. Agenda Item No. 8C, first reading, Ordinance No. 480-153 (ZA 94-118), Rezoning and Concept Plan, AG to CS with Concept Plan, Timberlake Community Church. The major issue with this development is the impact for off-site drainage. The engineering staff has made the applicant aware of our site drainage concerns. It is likely that some type of on- site detention will be required to mitigate off-site impacts. The drainage issues will be addressed at the site plan review stage of the project. The Planning and Zoning Commission recommended approval 5-0. 13. Agenda Item No. 8D, first reading. Resolution No. 94-54 (ZA 94-132), Specific Use Permit for a Golf Driving Range. The applicant proposes a golf driving range which has the clubhouse, parking and tee-boxes(with lighting)in the City of Keller, and the landing area and target "greens" in the City of Southlake. He proposes a 50' net on telephone (kir poles along his north property line adjacent to the Country Walk Addition. The Planning and Zoning Commission did not feel like this was adequate protection against stray golf balls, and further, that the adjacency of a driving range to a SF subdivision was not a compatible use. They recommended denial 4-1 with the dissenting vote being silent to the reason for opposition. The applicant has somewhat modified his submittal to Council by adjusting the tee-boxes to orient them more southeasterly and by moving the northernmost "target green" south approximately 50'. Staff has included a reduction of the plan denied by the P&Z (in your packet) for comparison. 14. Agenda Item Nos. 8G, 9A, and 9B concern the City's issuance of $6.595 million in certificates of obligation, the issuance of $1.0 million in sales tax subordinate lien revenue bonds for the SPDC, and a resolution to enable the City to be reimbursed for expenditure of funds which may be required prior to the bond proceeds. Our financial advisor will be present to explain the requirements. 15. Agenda Item Nos. 9C, 9D, and 9E, Appointments to Building Board of Appeals, SYAC, and a Vice Chair for Board of Adjustments. Hopefully staff memos provide sufficient information regarding the appointments to these boards and committee. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 11, 1994 Page 7 16. Agenda Item 10A, Change Order #1 on Park Drainage Project. As noted in the memo from Kim McAdams, Park Project Manager, the change order is the result of a revision to the design of the drainage channel. The change order is being prepared by J.T. Dunkin and Associates. The change order is in keeping with the original discussion City staff had with Mr. Evans when we negotiated the purchase of his property and the placement of the channel. Somehow this was overlooked during the design of the channel. As noted in Kim's memo, the cost of the change is due to the additional pipe needed to meet the 3' depth. Arguably, the cost would have been approximately the same if had been originally designed as discussed. 17. Agenda Item No. 10B, Variance to Sign Ordinance by Wal-Mart. The memo written by Bob Whitehead, Director of Public Works, outlines Wal-Mart's revised request based upon Council discussion with Adams Engineering representatives on November 1, 1994. 18. Agenda Item No. 10C, Variance to Sign Ordinance for Nations Bank. The bank has asked for a variance to the sign ordinance so that it can add lettering to the Albertson's storefront indicating that Nations Bank is located within the store. The letter size would be consistent with those already approved by Council for the words "Food" and "Pharmacy". 19. Agenda Item No. 11A. City Council meeting date. Section 2.09 of the City Charter requires the City Council to hold at least two regular meetings each month on the first and third Tuesdays, "...unless such dates fall on a regularly observed City holiday...." The City Council meeting on the first Tuesday in July 1995 falls on July 4th, a regularly observed City holiday. As I read the Charter, the Council may reschedule that meeting to another date or, as an alternative, not hold a meeting on the first Tuesday in July. Staff needs Council direction in order to complete the 1995 submittal schedule for planning and zoning items. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 11, 1994 Page 8 FYI, I do not recall that we have failed to have at least two Council meetings a month in the six years I have been Southlake. I do not recall that a single holiday that is regularly observed by the City has fallen on a regularly scheduled City Council meeting date. I believe it is appropriate and probably about time for the City Council (and staff?) to get a break in the schedule. OTHER ITEMS OF INTEREST 20. FYI, the Zoning Board of Adjustments met last night to consider an appeal from Vibra- Whirl. The Board upheld Zoning Administrator Karen Gandy's decision unanimously. We will discuss this item in more detail at executive session on Tuesday. L 21. FYI. the contract for the Kasper property was signed on Wednesday. News releases were distributed yesterday and there is an article by Barbara Powell in today's Fort Worth Star-Telegram Northeast Metro section, a copy of which is attached. The article is generally favorable and notes that we will go to the voters for approval prior to issuance of any bonds for building construction. 22. Joint SPIN/Parks Board meeting is scheduled for Monday, November 14, at 6:30 p.m. in the Council Chambers. The participants will review goals and objectives, and opportunities and constraints within the City. Your attendance is welcome. On Tuesday, December 13, City Council, Park Board, and P&Z will hold a workshop to review initial routing plans, standards, costs and phasing. 23. Ground Breaking Ceremony for Bicentennial Park Expansion is scheduled for Tuesday, November 15, at 8:00 a.m. A continental breakfast reception will be held at the Community Building. Please RSVP to Sandy, Kim, or Linda if you plan to attend. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest "November 11, 1994 Page 9 24. The SPDC will meet Tuesday, November 15, at 5:30 p.m. in the Council Chambers. Items to be considered will be Change Order #1 for the Park expansion and the issuance of sales tax revenue bonds for Bicentennial Park, land adjacent to the Corps property, and the joint use gymnasium at Carroll Middle School. These items are also on the City Council agenda. 25. A Dispute Resolution Program for the City of Southlake was established in the FY 94-95 Annual Budget. This program, which CISD will also participate in, will offer a speedy, accessible and inexpensive method of dispute settlement to our citizens. In many instances, it will prevent the City from becoming a named party in someone's lawsuit. Dispute Mediation Service, Inc. of Dallas will provide the 40-hour Basic Mediation Training course to be held the afternoon of Thursday, November 17, all day Friday and Saturday, November 18 and 19, the afternoon of Thursday, December 8, and all day Friday and Saturday, December 9 and 10. Shana and I will be participating in this training and as such, will not be in the office at these times. Councilmembers Apple and Wambsganss are also participating in this program. 26. United Way final results are in. City employees contributed $10,671, exceeding the goal of$9,000 established by the planning committee. This level of contribution means that Southlake employees gave an average of $97 per employee, the highest per capita contribution among Tarrant County cities. Since we exceeded our goal, the Directors and I will be washing the employees' cars on Wednesday, November 16, (November 23 if it rains) from 4:00 to 6:00 p.m. behind City Hall. You are more than welcome to bring your sponges and towels and give us a hand. We need the help! L 27. REMINDER: City Hall will be closed on Thursday, November 24, and Friday, November 25, in observance of the Thanksgiving holiday. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 11, 1994 Page 10 28. A General Citizen Satisfaction Survey is being developed in conjunction with consultants from the University of North Texas. It is our intention to bring the survey to you as an item for consideration at the December 6, 1994 Council meeting. In the meantime, sample surveys have been provided for our review. The samples are included as attachments to this memo. FYI, the consultants are scheduled to meet with the SPIN Standing Committee on November 22, 1994 to discuss topics for inclusion in the survey. 29. We apologize for the delay in getting your packet to you. It is approximately 11:00 p.m. and it is inappropriate to require Allen to be out any later than this as he begins delivery. Hopefully, these kind of days will not often be repeated. L CEH (sr b:94-11-15.MTG/CEH-CC-MEMOS#2/kb 43. oN • O 0 4 o O� �_ V a N A a 0.1 Ti o w U O U U u.' 0 E E 0 O .a 0 8 A. U U o �° a b � bo .� `'' 0 0 b g a a a� a CI a _ cn bilU o B a 0 oA 3oa a o(.) ,� U N . E-i .� .1 > N Z on o a� o0 E b Z a a 0 a Q > a ( 0 ,S •> .o • a s w4° a a U •w N z u w 4 a E- W A v) 0 rn 00 `n rn 4,1 Uz .8 O, > a � H9z A - d in an ,E.( w 'n g 0. is; o z cro.H Az d w Q O ' OU E > 3 o -- N � b .oa , 40 o0 I N a 03 CZ a 0i wEl aoU , ... Uaw O a 2 ,� :EbO ao0 ... 0oab U a a1 CL) C7 0 8 o w N oO O ©©*< cOOn N `, b ct w .E w A �' LJ: U o , .° < ` '' ,1 wa �.a E 1,0 o g v . aoiq ° bb0Cr% ] `� o ` o© ai o oo : 61> 4 4 s a > o I o a) a `" a a -+ w a U U A Ua 0 a L N �D csiN N N �--4 cc; 4 in t� 00 O�• � , 4 Ci 4,8- 1 N W 0. ON O\ O ate+ a Z A 5 U at w 0 " o Q w �, o a) ° .d co O a) a) '-' O a) O N 3 al o 0 >, o > E-' as › U o < .0 4" s� as A o b u) b coi a) P. O o a) tu a) u) .N y co y . a) o 41• EU wC4 x W E-+ ¢ a) co) zWrn e aAr.. 0 0 0 0 0 0 0 0 0 UWt W a) H3 c z zw v) W WI if) v, h 141 sn if) — A E-+ O\ O\ ON ON O\ ON O\ ON ON O\ z z O\ ON ON ON O\ ON ON ON Qz N a, U N o a) o E 1r p i. +-, U p > - i 0 eg ctIc) O U ..4 -- O o O f1. A Pal s- oo oopo N wG a a :di Oa a aa) C, cc!Vp O O�vi i i 0 o 0„ a) V o al aoi 2 o .— 0 asp) O a) a) a)s U a a s U 3 rx 1 a N 4 Ey 1 ._. 4 kr; L ,s, „; 4 6 46 z City of Southlake,Texas L COMMUNITY DEVELOPMENT DEPARTMENT FEE REVENUE REPORT FOR THE MONTH ENDING 31 OCTOBER 1994 ZONING $ 1,472.00 NO. OF CASES (5) PLATTING 6,690.00 NO. OF CASES (5) SPECIFIC USE PERMITS 588.00 NO. OF CASES (2) BOARD OF ADJUSTMENT 200.00 NO. OF CASES (1) MISCELLANEOUS INCOME 426.55 NO. OF CASES (36) TOTAL REVENUE $ 9,396.55 TOTAL NO. OF RECEIPTS (49) L 4i4.3 MUNICIPAL COURT MONTHLY REPORT OCTOBER 1994 (111118.' TRAFFIC NON TRAFFIC Non State City Parking Parking Law Ordinance Total 1. NUMBER OF CASES FILED: 456 1 22 5 484 2. DISPOSITIONS PRIOR TO TRIAL: A. Deposit Forfeitures 0 0 0 0 0 B. Payments of Fine 131 0 6 3 140 C. Cases Dismissed 85 1 3 0 89 3. DISPOSITIONS AT TRIAL: A. Trial by Judge (1) Finding of Guilty 7 0 0 0 7 (2) Finding of Not Guilty 2 0 0 0 2 B. Trial by Jury (1) Finding of Guilty 0 0 0 0 0 (2) Finding of Not Guilty 0 0 0 0 0 C. Dismissed at Trial 0 0 0 0 0 4. CASES DISMISSED: A. After Defensive Driving 79 0 0 0 79 B. After Deferred Adjudication 61 0 1 0 61 (011100' C. After Proof of Insurance 56 0 0 0 56 5. CASES APPEALED 0 0 0 0 0 6. WARRANTS ISSUED 23 0 0 0 23 TOTAL REVENUE COLLECTED: CITY $12,913.00 STATE 9,092.00 TOTAL 22,005.00 L MUNICIPAL COURT MONTHLY REPORT SEPTEMBER/OCTOBER 1994 COMPARISON L SEPTEMBER OCTOBER 1. NUMBER OF CASES FILED: 787 484 2. DISPOSITIONS PRIOR TO TRIAL: A. Deposit Forfeitures 0 0 B. Payments of Fine 216 140 C. Cases Dismissed 184 89 3. DISPOSITIONS AT TRIAL: A. Trial by Judge (1) Finding of Guilty 8 7 (2) Finding of Not Guilty 3 2 B. Trial by Jury (1) Finding of Guilty 0 0 (2) Finding of Not Guilty 0 0 C. Dismissed at Trial 0 0 4. CASES DISMISSED: A. After Defensive Driving 95 79 B. After Deferred Adjudication 43 61 C. After Proof of Insurance 106 56 5. CASES APPEALED 0 0 6. WARRANTS ISSUED 0 23 TOTAL REVENUE COLLECTED: CITY $18,630.50 $12,913.00 STATE 11,902.00 9,092.00 TOTAL 30,532.50 22,005.00 qb- z to •0) A A A 0 S-1 rtS•rl LH � 4 x • toH -H 0 S1 •r�i H a 'd 'd to U a) CAE �," r I > CO -H a) > >r > >r tT 1) 0 0 •rl ni 0 -H a) a) a-) a) a) a) a) 0 -H al cd a) rI a) 4I A a) cd E a) 0 Sa a) 0 -rl 3 A A 4 1 A E c E S-1 0 -Hi O i-1 0 0 S-1 O O -Li U) N X x O >4 0 3 cd 0 44 • 44 a) O 4-4 1J 0 44 'd a) U U ..s4 r-1 K4 O 4a a) >4 •-1 A 44 a) 1.1 44 a) -) 04 X cd • cd .-G U a) A a) 0 A cd A al 0 a) rl 'd r1 a) •rl > • 4-) 0 a) 0 1) 1) 0 W pa a) co a) fx a) 'd rd 1-1 G r-I $-1 04•rl 0 r-1 0 0 r-I 0 3 0 (A 'd 3 ''d a) a)•r+ a) rl O U) a) rl +) a) r-1 1) O cd -1 al 1) 4 A E a) 4 'd E a) E a) S-I O 0 O4 00 4a aA 04r1 P4 A ea aAtT 'd0 4) rl 4-) 4) 0 -H al >. 0 04 cd O A 0040 0 04 0 00 1d 0 X M E A rl E H E -rl r-I E-rl -H co O E 0 -H 0 tn A 'd a) cd 0 to 0 a) Id 4-1 a) M 4-1 3 b) E -rl cd -rl U) -H 0 0 0 > C) 0 4i > O > O +.I 0 1d 'd 'd 'd-H Cl) A 0 a) -H a) •rl a) •r1 'd -rl -H k t7) $-I O }1 .54 to-rl 'd • to x 0 'd • E 'd • E -r+ x ri O 0 0 1) 0 $-I 44 4J 0 I cd S-I A A > 1 rl O Sa 0 C~ 0 0 a 0 U 0 -rl •H O H q-H 0 0-H 0 cd 0•H UI:14 UH C.) 3 a g cd 1-1A1-) 3 a HA EI HA U) A 3 3 A::: w:_ H picc o\0 o' o\o o\o 0\0 o\o o\o op Q p 0 0 0 I!) 0 o\o o\o OP 0 o V' rl a) r-I Ol a) O O O Ol Z �- W 0) >- � U `w �+ co >., _ CO Q o gp M cc• 7.1 O Z � Z • 0 i) �rl rn in in in rn o 2 t_ tn Q E U N Ra O af al to N v1 [1 0 Cl) 4 Z h KC h h 0 A w - '- 4 rl M d1 di \ N Cl) Z rl -0 A 0 > 0 0 >r • h h ° hhCl) 4 o w Z X • O 0 1, u) 4) u) cd a) 0 0 O rl $4 0 0 U 0 a) 0 H rts E 4 • U 0 -H a) a) 0 as 0) Ea J-) $-1 O o ni () o •-1 0 cd Pt cd t)) CI) P S 1 a) 0 U 'd rl 0 H A O t) 4) 1-1 ni U) S-I cd cd v _ Cn W X 0 00 I---II -. a) 0 W [71 ira W S-1 (4 H U a) -i a) 0 a) U A a) 4) 0i 4J o CO 4-) m 0 .l-) 1) 0 0 1) a) a) r-1 CS -H >. a H S-I 0 0 rl a) ae r-1 cd E 4 U 0 0) L U)a) a 'd a) .4 0 a 0 s4 v -H H 1-1 E 0 > Oi 1-1a a) E 0 ni Sl a) Lp 101U U Aa $ U a cvn E E ix w • o H r( N m d' lf) lD [� 00 Ol r I ri m (1) )a • CO a) • to O CO 0 'd > 0 (1111, • c0i H el ~ En q a) oa to 0 a) ri .�0 o > a 0oi• z tP 'd to a tJ . 0 0 •ri • 0) (d -H rn $-1 -H -rl 0 RI 0 !-i •H -H 5-1 r-1 3-I 4r-I Ol • r-I a) • COr-I •rl ,C -H $-I r-I H'd rd a) U 'd H is rd Cl) to a) rd w x • r-1 0 'd 'd 10 0 > E 0 00 0 > 0 -H P x ?, 'dO A 0 (d O W 1~ (d G -rl •ri a) •rl •rl rd N 0 U U-rl dr-I U � (U to id •r-ti ~L (d (d 1a1 '+ O C -r 'or-1 4-1 (d r.tj 4 4 En al Abi CO 4-) 0 'd w oa) • u) A En m 0 m m u) Erd 0 E $i al rdSa ' EU EO a a) E E (r d .4 (d .a, •rl Ed (d .0 cd u1 O • 4 a) rd Eli •rl $a U E (d al •14 0 r-1 11 -rl 4 0 tJ 4 a) U -H to •r•l .1-1 0 0 rd rd •r1 -4 r-1 O •r1 -14 'd 1-1 N to to O to 4-) rd H 0 r-1 al 4-) 0 H 0 r-1 r-I 5-1 0 RS }1 H to 0-rl el Ci to rd H H-rl H O rd m di H H -ri to A 3 O -H O a) -rl 4 0 0 a) )1 a -rl U) -rl -H 0 tP 'd 0 -rl •rl -. to 1 r� 3 � co aa)) o f C aa) 3 it. 3 H 'ro -H b -.4 3 3 • 0 E • 0 a) s~ •rl U) O A • U • U S-1 4) Sr a)-rl }1 •ri -rl a) O f-1 rd • O 0 rd •rl • S-( S 1 Sa a) O •H O 4-1 M -ri rd a) A -4 H 4-) -.4O $-r 441 O O -H d -H a 0 (d O 0 S 1 •r-I -ri A mo4- Aw as o Eit-) 144J4J Aw A CO U 3 Uwe A A A H w aoa ; 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JMIahNe. 0p tiT N .. 00 vl NM : .. poN N •O .- b v N � .. 00 .• O Z ff . i I Co) W Q Z d d a :B A Qvi o c v :° Ud ti v v v8, co c -a •v O „2f ? a > aa, u ? u ^ 'O> W ° Z a •a _ a°i d 1 1 n° � U 1 8 1 > > e u c c m 8. g c e o 'S o a o i' .r ^ c y = '" o 3 o e a x 8 :: uS 3 uS 3 z 3 3 w a 3 z 3 z uS 3 uS •uS ui 3 3 g z g L Q p U °. d .8 '^ H Z sn P1 nr a 4i 'a 'c > o 'e °c p ade w v b u ;d = y m = p' X a , a 0) 5 Ar4 d — `' y d d A — w 3 a x �j .- < o U.04 . W K. L 0 :.y : d o 5 0 O U ye B Ti C O X 1 '" 'O 8. 1 O O O , r > N u a c v 5O a is .E. 114 o ,4 V1A ° ' 4>, ' e 8 ° ° 7 ° c e e e e r "U L. cn d d 8 8 A A 8 3 3 8 a. a. a (2 tR 3 tR A ' P. P. H H 3 O (i•I•-3 City of Southlake,Texas MEMORANDUM(harr November 10, 1994 TO: Robert Whitehead, Director of Public Works FROM: Brad Payton, Street Superintendent SUBJECT: Monthly Report for Street Department October, 1994. Description Sept Oct 1. Tons of asphalt used a. Hot Mix Asphalt 0 0 c. Cold Mix Asphalt 400 350 d. Base Material 200 100 2 . Lane Miles of Road Repaired 100 100 3. Number of Street Signs Repaired or Replaced (all types) 52 42 4 . Feet of Ditch Line Cleaned and shaped 1700 1000 5. Number of Vehicles Repaired 2 0 6 . Row mowed in miles of streets 92 92 BP/cbk L. 4 G c 9 w R7 O ' N (11111.... 0.0 yt .. 'oy M hN-. O OII LU liti cal x y H w c ° o pOq N •O O vi G.E U " G cn N M q 3 c a o ono o 'oo "� o g .°o 3 v c :, w° .0 fig — ' �.' a � o ° C2 � a � y a .og 0, ., 0 5 o X 92 c Na ?,¢ 3 •c o c > . ono c c oo c 8 .° Oa a) a; c >' n on o c >" ? c aa.i .. 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Uo r. 1. 0 rn s " 3 3°, - V) = U a W v W a •.0 Z te, •>• a. -; �i K GENERAL FUND Statement of Revenues,Expenditures and Changes in Fund Balance for the period ended October 31, 1994 with Comparative Actual amounts for the period ended October 31, 1993 (unaudited) Percent Actual Percent 1994-95 Year to Date Collected/ Year to Date Total Collected/ REVENUES Budget 10/31/94 10/31/94 Expended 10/31/93 9/30/94 Expended Ad Valorem Taxes $2,325,950 $70,494 $70,494 3.0% $64,017 $2,185,256 2.9% Sales Tax 1,233,000 0 0 0.0% 0 877,615 0.0% Franchise Fees 418,040 0 0 0.0% 0 400,036 0.0% Fines 242,400 21,558 21,558 8.9% 21,278 231,952 9.2% Charges for Services 80,000 7,170 7,170 9.0% 1,555 53,786 2.9% Permits/Fees 1,941,350 104,159 104,159 5.4% 103,550 1,680,918 6.2% Miscellaneous 41,750 5,940 5,940 14.2% 3,517 32,927 10.7% Transfer In-Other Funds 496,360 0 0 0.0% 0 159,446 0.0% Interest Income 90 000 0 0 0.0% 0 100,848 0.0% Total Revenues $6,868,850 $209,321 $209,321 3.0% $193,917 $5,722,784 3.4% EXPENDITURES City Secretary $194,598 $6,855 $6,855 3.5% $10,597 $212,832 5.0% City Manager 314,533 24,428 24,428 7.8% 12,582 200,839 6.3% Economic Development 117,245 3,778 3,778 3.2% 0 0 0.0% Support Services 642,785 120,171 120,171 18.7% 95,394 616,620 15.5% Finance 265,640 13,853 13,853 5.2% 20,394 263,764 7.7% • Municipal Court 203,990 11,279 11,279 5.5% 10,243 158,793 6.5% Fire 784,663 44,116 44,116 5.6% 41,256 725,817 5.7% Police 1,249,070 59,469 59,469 4.8% 71,666 1,049,060 6.8% Public Safety Support 690,080 40,078 40,078 5.8% 24,643 447,029 5.5% Building 375,155 18,564 18,564 4.9% 9,033 261,906 3.4% Streets/Drainage 997,072 26,859 26,859 2.7% 12,316 1,222,309 1.0% Parks 264,160 10,612 10,612 4.0% 5,949 199,627 3.0% Public Works Administration 360,495 17,184 17,184 4.8% 13,951 137,192 10.2% Community Development 371,712 15 919 15.919 4.3% 12.883 281,202 4.6% Total Expenditures $6,831,198 $413,165 $413,165 6.0% $340,907 $5,776,990 5.9% Excess(deficiency)of Revenue over Expenditures $37,652 ($203,844) ($203,844) ($146,990) ($54,206) OTHER FINANCING SOURCES AND(USES) Proceeds from C.O. Sale(net) $414,180 $0 $0 $0 $565,827 Transfer to Infrastructure ($820,026) V $0_ Excess(deficiency)of _ Revenues and other sources over Expenditures ($368.194) ($203.844) ($146.990) $511.621 FUND BALANCE OCT 1 $1,838,169 $1,838,169 $1,125,708 $1,405,310 Net-Reserved for encumbrances 0 0 78,762 78,762 • ENDING FUND BALANCE $1 469.975 $1.634.325 $899.956 $1.838.169 CITY OF SOUTHLAKE WATER AND SEWER ENTERPRISE FUND Comparative Statement of Revenues and Expenses for the period ended October 31, 1994 and October 31, 1993 (unaudited) Percent Actual Percent 1994-95 Year to Date Collected/ Year to Date Total Collected/ REVENUES Budget 10/31/94 10/31/94 Expended 10/31/93 9/30/94 Expended Water Sales-residential $2,970,000 $236,102 $236,102 7.9% $193,466 $2,627,966 7.4% Water Sales-commercial 612,000 50,577 50,577 8.3% 45,979 452,386 10.2% Sewer Sales 432,000 40,228 40,228 9.3% 26,999 371,706 7.3% Sanitation Sales 432,000 29,763 29,763 6.9% 26,574 344,140 7.7% Other utility charges 391,000 33,424 33,424 8.5% 23,941 373,733 6.4% Miscellaneous 51,600 510 510 1.0% 10,476 108,558 9.7% Interest Income 75.000 0 0 0.0% 0 74,859 0.0% Total Revenues $4,963,600 $390,604 $390,604 7.9% $327,435 $4,353,348 7.5% EXPENSES Water $2,748,041 $30,804 $30,804 1.1% $34,262 $2,276,184 1.5% Sewer 901,797 46,702 46,702 5.2% 53,320 700,170 7.6% Sanitation 388,800 0 0 0.0% 0 304,485 0.0% Debt Service- Revenue Bonds 78,525 0 0 0.0% 0 81,901 0.0% Other-Line Oversizing 0 0 0 0.0% 8,265 22,488 36.8% Transfers-other funds 1.300.084 0 0 0.0% 0 269.613 0.0% Total Expenses $5,417,247 $77,506 $77,506 1.4% $95,847 $3,654,841 2.6% Net Income/(Loss) j$453.647' $313.098 $313.098 $231.588 $698.507 A W I I I I I I I W O U1000000 0U1 000 an 00 00 ON 000 O1 U10U)000 000 00 N 0000000 00 U1OU) IO O10 000 00C 001 aIOr000 000 O0 /0000000 010 aMN ri Ori 000 .-IM CO sr el U)MU)V'O0 aU)O 00 U)o0OU1 a U1 U)a va sr on Oa OMM COON CO Or v Tr co00 NNH CD U1 al sr (Y. 0 0 0MOr CO V' ric3 0 ID OH Oa CO sr rH N IO HOM U) O r N CO HH W Z OO U)MOU11> U)IO OONO sr M U)ON Ori ri r10.MNO H ON 0 0 NMU)MNa CO r10 H N H a HN a ri M lO ri IO !r. 0 H N N O. 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CITY OF SOUTHLAKE UTILITY BILLING MONTHLY REPORT OCTOBER 1994 THIS MONTH THIS MONTH LAST MONTH LAST YEAR 10/31/94 9/30/94 10/31/93 ACCOUNTS BILLED: WATER $297,809.49 $389,063.79 $239,837.39 SEWER 40,225.61 39,677.85 26,949.13 GARBAGE 29,764.80 29,411.98 26,572.72 SALES TAX 2,287.06 2,266.70 1,918.32 OTHER 2.150.57 3,693.09 1833.85 TOTAL $372,237.53 $464,113.41 $297,111.41 NUMBER OF CUSTOMERS: WATER 3,854 3,822 3,215 SEWER 1,544 1,501 1,041 GARBAGE 3,559 3,519 3,195 TOTAL ACCOUNTS BILLED: 4,085 4,054 3,453 NEW CUSTOMERS: (increases for the month) WATER 32 39 29 SEWER 43 23 28 GARBAGE 40 19 29 TOTAL ACCOUNTS BILLED 31 37 30 CONSUMPTION BILLED (IN 000'S): WATER 69,579 91,888 54,337 SEWER 31,942 50,495 22,068 .y ness develop ment said the dead- 111LG1cs 101 .u years, siautey said, could ne detrimental to their would is at That would be in the form of a non- neighborhood. gates an ici- line had been extended until Fri- recourse loan, meaning the RTC The affordable housing designa- g T_ 'day,Nov. 18. puffin could foreclose on the property, tion is applied to the property by tion rei • ito The meeting also included nego- but the chamber would have no the RTC, acting under a ing." _' S NORTHEAST TARRA fkOr' NT ANT . . , . ; • may share• _ r cityhall site with school , . ........ inuty ,4-,-- :-,,:„ ,,; .,... . " BYBARBARAPOWELI s;t€ \` 1S6 a ' Fort WonhStar-Telegram • City/Mail Site J SOUTHLAKE — The cityofr race, t -el :.: . is € 70 3 Southlake will spend$2.2 million � S / Future site of b' ' Oaks about$1 per foot—to buy a 50- southiake city q acre tract for a city hall complex $ Hall Complexk# " t 1y•' and perhaps a middle school * _ � �%s f t As t Officials said the city of about n:i t}v • i= y i. • 10,000 has outgrown its City Hall, x $ ` �� -, t , ,f where some of the 110 employees 1 r s �� a °f . 8work informer closets. ;:neat a, ®. ' . T �,... �' �§ r • City officials signed a contract , f i, late yesterday for the site, located .. # ':5 s ` �' ' • y 1 :a,won-White Chapel Road between -� '��: k<� � € Texas 1:14 and Farm Road 1709. °kilig� � € r eonw«wSt;; f City.Council members recently "� r s ' "t :for; ; met with Carroll school district of- site is the ideal location." •i` �,_ �� facials to discuss sharing the prop- To pay for the land, the City `� { " ti ` 650 1 erty for a joint administrative Council on Tuesday is expected to - 1® RaInfaII EndIn Ea.m tio complex and for a second middle approve issuing certificates ofobli- .`> school.The city,however,will buy gation, bonds which can be paid t.HASLET:0.0"Don Buchannan the land with no formal commit- back from city revenues without 2.ROANOKE:0.83"Alan Arthur avidson ment from the school district to . raising taxes.Hawk estimated that r.-3 4.SOUTHLAKE:Trace Frank Dorer share expenses. it will take at least a year for a yet- 5.GRAPEVINE: No report . But Southlake City Manager to-be-appointed city and schools 6.WATAUGA:No report TT' • Curtis •Hawk said,"We feel confi- taskforcetoconsiderpropertyuses ` 7•NORTH RICHLAND HILLS:0.2 Ralph Williams 8.COLLEYVILLE:0.22"Fred Hochreiter dent that the school district will and from two to five years before 9.HALTOM CITY:0.0"Harry DuBois want to share in the project at some facilities are built. 10.RICHLAND HILLS:0.35"Ed Bachner — future date. The cost of land is Branum said that Carroll can use 11.HURST: No report going to get so expensive that no- proceeds from a $33.2 million Sw12.B�DFORD:0.3"Henry Rogers:0.38"Jack body will be able to buy land by bond issue passed in May to ac- 13.EULESS:0.2"Barbara Lucas:0.26"Don themselves." quire part of the 50-acre tract. But Darrow Carroll schools Superintendent both the city and school district :_ a.DIFW AIRPORT:o.fi Bill Branum said the school dis- would seek voter approval to issue ' : _• • .trict has agreed to consider joint bonds for building projects, Bra- Fort worth star li leg T.C. ' uses for the property,which backs num and Hawk said. onto a 30-acre site where the school • district is building an elementary • and an intermediate school. Save every day•Silk Flowers&Plants•Greenery•Hanging Baskets, mi Branum and school board mem- ,• Custom Silks & Floral Designs elks 'n . S7 ryt.4 -'hers have said that the 3,538- 'a tuj at Wholesale Prices ,__student district, which has grown ° , . by 20 percent since last year, will o STEHand MSt • >` soon•need a new administration S a pi^ '}..°• �. o New Crc building and that sharing space y �� Everyday 990 .x`. ` ` - -. starting1 iD I makes sense. , . Find the Bast Kept Secret In Tarrant County (cl• But yesterday Branum said, ; �/;/j 352 E.Pipeline Small T. /�/ i- (,:Brown tTrail)10- C3Qo r e-vu m C ucumt (161.„ "Our No. .1 priority right now is .,a •• � �.x�. Hrs:Mon-Sat 10.6 looking for a place for a second• ,-.,�',a _ : : .1 1 WC42Gn ) D1/7 �� East Texa �. • , middle school and I rbelieve that Po+:•re •-Bas s•Floor Plants•lv Baskets•Custom Desi•ns•Iv Bushes Sweet Pot • / r ! /J! irillft PROPOSED DISTRICT ELECTION, AT LARGE, TO PLACE ESTABLISHED BY RESIDENCE The following would require candidates to live in a district, but would be voted on City-wide for the seat. The Mayor would not have any district requirement. New Place Designations (Incumbents in redesignated place numbers) Dist. No. 2 Election Dist. No. 1 (Between Dist. No. 3 Year (N of SH 114) 114 & 1709) (So. of 1709) City-wide 1995 Place 1 Place 2 Place 3 X (Apple) (Franks) (Farrier) 1996 Place 4 Place 5 X X (Wambsganss) (Evans) 1997 X X Place 6 Mayor (Richarme) L This voting method will be a variation of the at-large-by-place and the single-member district systems, and will provide the community with the advantages of both: • assures each district/area of the City representation • provides voters a "voice" in election of all members rather than just once • promotes community-wide Council vision. New Place Incumbent Current Place 1 Stephen Apple 4 2 Jon Michael Franks 5 3 Jerry Farrier 3 4 Andy Wambsganss 6 5 Ralph Evans 1 6 Michael Richarme 2 Southern Sector 1South of F.M. 1709 - Southlake Blvd.) Housing Population Projected 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 Cie nixed Use (Residential Component) tedium 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% Lie GRAND TOTAL= 46376 Southern Sector Oil 3 (South of F.M. 1709 - Southlake Blvd.) CVni *2.14.D Housing Population Projected air °14 Acreage Density Density Population P� 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 4380 Multi-family 0 12.00 3.00 0 ___.--- (S43)1) 1413 SF x' -3. r`43Ra 3 G7 0 Total: 21154 ' AS t- ljf/°/ 46% Central Sector j2t_/rtcst Z ' (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) 53 7 2- Medium Density 25 2.18 3.13 171 Multi-family 5 12.00 3.00 180 1 733 5 X 3.1= 537 3 7— Total: 11750 (42- e As 7 V/6f 94- 25% Northern Sector Z ' (North of State Highway 114)) Housing Population Projected Acreage Density Density Population Low Density 1800 0.80 3.13 4507 0/9 Medium Density 800 2.18 3.13 5459 Mixed Use (Residential Component) 1 Medium Density 250 2.18 3.13 1706 -j.� Multi-family 50 12.00 3.00 1800 .9-74_, S'_pX 3.r 30/7 2960 Total: 13472 29% .g.5 I INcY+ GRAND TOTAL= 46376 JZ7 . 1 1s 11/io/ 4- City of Southlake,Texas MEMORANDUM November 11, 1994 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Interlocal Agreement with Trinity River Authority of Texas for the Acquisition of Land Rights for Denton Creek Pressure System Phase III Trinity River Authority (TRA) has sold bonds and hired an engineering firm to design the Denton Creek Pressure System-Phase III project. In order to have the project constructed and capable of transporting wastewater in 18 months, TRA and city staff are recommending that the City, using City procedures, require the land rights. This will allow a shortened time frame versus the IRA's land acquisition process. The Agreement authorizes TRA or "Authority" "to pay the City's costs for land acquisition from Denton Creek Wastewater Pressure System Series 1994 Bond Proceeds." Agenda Item 5.B is an agreement for the Professional Services to acquire the land rights for the City. Staff would recommend that the City Council authorize the City Manager to execute the Interlocal Agreement with Trinity River Authority of Texas. BW/sm wpfiles\memos\traden.crk TRINITY RIVER AUTHORITY OF TEXAS CITY OF SOUTHLAKE INTERLOCAL AGREEMENT STATE OF TEXAS • j COUNTY OF TARRANT j THIS AGREEMENT is made and entered into as of the Z2&4t day of at, 1994, by and between the TRINITY RIVER AUTHORITY OF TEXAS, with its principal office at 5300 South Collins, Arlington, Tarrant County, Texas 76018, a conservation and reclamation district, created by and functioning under Chapter 518 Acts of the 54th Legislature of the State of Texas, Regular Session, 1955, as amended, pursuant to ARTICLE XVI, Section 59 of the Texas Constitution (hereinafter called "AUTHORITY"), and the CITY OF SOUTHLAKE, TEXAS, a municipal corporation of the counties of Tarrant and Denton, State of Texas, (hereinafter called "CITY"). WITNESSETH: WHEREAS, the AUTHORITY owns and operates the Denton Creek Regional Wastewater Treatment System which treats or will treat wastewater generated by the cities of Fort Worth, Haslet, Roanoke, Keller, and Southlake and the Lake Turner Municipal Utility Districts Nos. 1 and 3; and WHEREAS, the AUTHORITY entered into a contract dated June 1988 (as amended 1990) with CITY committing AUTHORITY to finance, design, acquire land for, and construct the Denton Creek Wastewater Interceptor Pressure System, Phase III (hereinafter called "PROJECT") and committing CITY to pay AUTHORITY'S costs for the PROJECT; and WHEREAS, the CITY has requested the AUTHORITY to initiate the last phase of the project within a specific time frame, and WHEREAS, the AUTHORITY recommends that the CITY assume the land acquisition phase of the PROJECT to better ensure compliance with the CITY schedule, and CITY has agreed to the concept of acquiring land rights for the PROJECT; and 1 C WHEREAS, AUTHORITY intends to reimburse the CITY'S cost for its efforts in acquiring land rights for the PROJECT; and WHEREAS, the AUTHORITY and the CITY desire to proceed with the development of the PROJECT, subject to the terms and conditions to follow. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the CITY agrees to acquire land rights for the PROJECT to accommodate the AUTHORITY's construction and operation of the PROJECT and the AUTHORITY agrees to pay CITY'S costs for land acquisition from Denton Creek Wastewater Pressure System Series 1994 Bond proceeds, upon terms and conditions hereinafter set forth, to wit: Section 1. DEFINITION OF TERMS A. "PROJECT". Means the Denton Creek Wastewater Interceptor Pressure System, Phase III. B. "PROJECT COSTS". Means all costs and expenses incurred directly by CITY for the acquisition of land rights for the PROJECT as are necessary including without limitation, title insurance, appraisal fees, fees from a land acquisition 'firm, filing fees, permit fees and fees from legal expenses incurred during the acquisition process. Section 2. PROJECT SCOPE. For the convenience of the AUTHORITY, the CITY will enter into such contracts with land acquisition firms, title companies, appraisal firms, and legal firms as are necessary to provide for the acquisition of all land rights for the PROJECT, sufficient to convey these land rights, free and clear of all liens as supported by title insurance, to the AUTHORITY in advance of AUTHORITY'S construction of the PROJECT. The final land rights conveyed to the AUTHORITY from the CITY shall be equivalent to those rights provided through compliance with the AUTHORITY'S Land Acquisition Policy. Section 3. CONDITIONS PRECEDENT. The obligation on the part of the CITY shall be conditioned upon the following: 2 L54 3 • A) The AUTHORITY shall cause to be prepared preliminary construction plans for the PROJECT and legal descriptions and plats for proposed easements required for the PROJECT, providing both to the CITY. B) The AUTHORITY shall reimburse the CITY for all PROJECT COSTS incurred by the CITY from Denton Creek Wastewater Interceptor Pressure System Series 1994 Revenue Bond proceeds, estimated to not exceed Three Hundred Fifty Thousand Dollars ($350,000). CITY will invoice AUTHORITY on a monthly basis and AUTHORITY will remit payment of CITY'S PROJECT COSTS within thirty (30) days of receipt of CITY'S invoice. Section 4. FISCAL PROVISION. For services to be rendered to the AUTHORITY by the CITY hereunder, the AUTHORITY agrees to pay, at the time and in the manner herein provided all PROJECT COSTS associated with the PROJECT. Within thirty (30) days following completion of the acquisition effort for the PROJECT and its acceptance by AUTHORITY, the CITY will conduct a final cost accounting of the PROJECT COSTS and notify AUTHORITY. The reimbursement due to the CITY by AUTHORITY shall be made within thirty (30) days of the completion of the final accounting. Section 5. FORCE MAJEURE. If by reason of force majeure either the AUTHORITY or the CITY shall be rendered unable wholly or in part to satisfy its obligations under this Agreement, then if either party shall give the other party notice and full particulars of such force majeure in writing within a reasonable time after occurrence of the event, the obligation, so far as it is affected by such force majeure, shall be suspended during the continuance of the inability then claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term "Force Majeure" as employed herein shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemy, orders of any branch of the Government of the United States or the State of Texas or any civil or military authority, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, % washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery ,9 pipelines or C 3 canals, or on account of any other causes not reasonably within the control of the AUTHORITY or the CITY. Section 6. TERM OF AGREEMENT; MODIFICATION; NOTICES. A. TERM OF AGREEMENT. This Agreement shall be effective upon execution hereof and shall continue in force and effect for a period of one (1) year or until the improvements for the PROJECT are completed and accepted by the AUTHORITY, whichever is greater. B. MODIFICATION. No change or modification of this Agreement shall be made which will adversely affect the prompt payment when due of all moneys required to be paid by AUTHORITY under the terms of the Agreement or the work to be performed by the CITY. C. NOTICE. All notices or communications provided for herein shall be in writing and shall be either delivered to CITY or AUTHORITY, or if mailed, shall be sent by certified mail, postage prepaid, addressed to CITY or AUTHORITY at their respective addresses. For the purposes of notice, the addresses of the parties shall until changed by written notice, be as follows: AUTHORITY: Trinity River Authority of Texas 5300 S. Collins P.O. Box 240 Arlington, Texas 76004-0240 Attention: Warren N. Brewer Northern Region Manager CITY: City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Attention: Curtis E. Hawk City Manager IN WITNESS WHEREOF, the parties acting under authority of their respective governing bodies have caused this Agreement to be duly executed in several counterparts, each of which is deemed to be an original and as of the day and date first written above. 4 • C TRINITY ER AUT Y OF TEXAS DANNY F. VA E, neral Manager ATTEST: EPHY, Se e ry (SEAL) CITY OF SOUTHLAKE, TEXAS CURTIS E. HAWK, City Manager ATTEST: City Secretary (SEAL) APPROVED AS TO LEGALITY: E. ALLEN TAYLOR, City Attorney 5 City of Southlake,Texas MEMORANDUM November 11, 1994 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorizing the Mayor to Execute an Agreement with Espey, Huston and Associates, Inc. for Professional Services to Acquire the Right-of-Way for the Denton Creek Pressure System Phase III Trinity River Authority (TRA)has issued bonds for the design, right-of-way (ROW) acquisition, and construction of the Denton Creek Pressure System (DCPS) Phase III. This phase of the DCPS is from Marshall Creek to the vicinity of S.H. 114 and Kirkwood Drive. TRA has hired Espey, Huston and Associates to design this phase of the system; however, TRA deleted from Espey, Huston's contract the acquisition of the ROW. This was to enable the City of Southlake to proceed with the acquisition of the necessary ROW, thus saving time and funds. In addition, the City can coordinate the easement acquisition to include space, where appropriate, for the proposed water transmission line along S.H. 114. Item 5A on the Nov. 15, 1994 agenda, Resolution No. 94-57 is an Interlocal Agreement between TRA and the City for the City to acquire the properties and be reimbursed by TRA from the bond proceeds. Espey, Huston and Associates are the TRA's design engineers on this project. They are very familiar with TRA's Land Acquisition Policy having worked with TRA on previous projects. I have met with Mike Burge of Espey, Huston and reviewed the tasks as presented in this Agreement and his estimates of time and costs. The proposed compensation for personnel time plus expenses in an amount not to exceed $61,000 is appropriate as over two-thirds is for appraisal, and ROW subcontracts. The Agreement is based upon acquiring 12 parcels along the pipeline and one (1) pump station site. The final design of the DCPS may require more or less parcels, which could increase or decrease the fee. Also, additional costs for condemnations, if necessary, are spelled out in the Special Services section of this Agreement, and is estimated not to exceed $15,000. Staff would recommend that City Council authorize the Mayor to execute the attached Engineering Services Agreement with Espey, Huston and Associates. BW/sm wpfiles\memos\Espey.cra ENGINEERING SERVICES AGREEMENT FOR THE CITY OF SOUTHLAKE STATE OF TEXAS COUNTY OF TARRANT ( THIS AGREEMENT is made and entered into as of the day of , 199_, by and between the CITY OF SOUTHLAKE,TEXAS,with its principal office at 667 North Carroll Avenue, Southlake,Texas 76092, (hereinafter called "CITY") and the firm of ESPEY, HUSTON &ASSOCIATES,INC.,with its principal office at 13800 Montfort Drive, Suite 230, Dallas, Dallas County, Texas 75240 (hereinafter called-"ENGINEER"). WITNESSETH: WHEREAS, the TRINITY RIVER AUTHORITY OF TEXAS (hereinafter called "AUTHORITY") owns and operates the Denton Creek Regional Wastewater System (hereinafter called "DCRWS"); and WHEREAS, the CITY's wastewater flows will be conveyed to the DCRWS treatment plant through the Denton Creek Pressure System; and WHEREAS, the AUTHORITY intends to construct an interceptor of the Denton Creek Pressure System, referred to as the Denton Creek Pressure System Phase III, to provide service for the CITY; and WHEREAS, the CITY has entered into an Agreement with the AUTHORITY to acquire the right-of-way (ROW) required for the DCPS Phase III,(said ROW acquisition hereinafter called "PROJECT"); and WHEREAS, the CITY desires to obtain services in connection with the PROJECT; and WHEREAS,the ENGINEER represents that it is qualified and capable of performing the services proposed herein, is acceptable to the CITY, and is willing to enter into an AGREEMENT with the CITY to perform such services. NOW,THEREFORE, in consideration of the premises and mutual covenants contained herein, the CITY and the ENGINEER agree as follows: EH&A 94-0893 Page 1 November 1994 ,5,6 -a ARTICLE I RETAINER The CITY agrees to retain the ENGINEER and the ENGINEER agrees to perform services in connection with the PROJECT. The CITY agrees to pay and the ENGINEER agrees to accept fees as specified hereinafter as full and final compensation for the services authorized and accomplished. ARTICLE II PROFESSIONAL QUALITY ENGINEER shall be responsible for the professional quality, technical accuracy,timely completion,and coordination of all material(all items collectively hereinafter called"PROJECT DOCUMENTS") and services furnished by the ENGINEER under this AGREEMENT. Approval by the CITY of PROJECT DOCUMENTS,services,and incidental services shall not in any way relieve the ENGINEER of responsibility for the technical accuracy of the services performed. (00, ARTICLE III PROFESSIONAL LIABILITY The CITY'S review,approval or acceptance of,or payment for any of the services shall not be construed to operate as a waiver of any rights under this AGREEMENT or of any cause of action arising out of the performance of this AGREEMENT, and the ENGINEER shall be and remain liable in accordance with applicable law for all damages to the CITY caused by ENGINEER'S omissions or negligent performance of any of the services furnished under this AGREEMENT. ARTICLE IV BASIC SERVICES ENGINEER agrees to perform BASIC SERVICES in connection with the PROJECT as hereinafter stated, in accordance with the stipulations within this AGREEMENT. The ENGINEER shall perform BASIC SERVICES necessary for the development of the PROJECT as follows: EH&A 94-0893 Page 2 November 1994 (1) Attend up to two meetings for the purpose of planning and discussing land rights acquisition. (2) Contact property owners and tenants of twelve (12) parcels along the pipeline alignment and provide them with information regarding the PROJECT. (3) Provide professional services for the acquisition of easement right-of-way for twelve (12) parcels,including taking part in up to five (5) meetings with each property owner and tenant of the twelve (12) parcels for the purpose of negotiating right-of- way acquisition. Provide professional services for the acquisition of one fee simple pump station site. Standard AUTHORITY land rights documents shall be utilized in each acquisition. Any special conditions to be incorporated into the standard documents shall be subject to prior approval of the CITY. These professional services shall include the preparation of right-of-way documents for review by the CITY prior to acquisition. (4) Provide services including preparation of the documents required for the acquisition of permits and licenses for up to ten (10) utility crossings along the pipeline alignment. (5) Provide services required for acquiring permits and licenses for crossing highways at two (2) separate locations. (6) Provide state-certified appraisal services for twelve (12) parcels along the pipeline alignment and one (1) pump station site. (7) Provide technical assistance required for the land rights acquisition process excluding expert testimony in any eminent domain litigation. (8) Prepare a list of utilities and property lines crossed by the proposed pipeline and provide pipeline stationing at each crossing for the purpose of site certificate preparation. C EH&A 94-0893 Page 3 November 1994 f ARTICLE V SPECIAL SERVICES Various SPECIAL SERVICES incidental to the PROJECT, but not within the scope of the BASIC SERVICES covered by ARTICLE IV preceding,which may be performed or arranged for separately by the CITY, or may be added to the ENGINEER'S responsibilities by mutual agreement and written authorization include, but are not necessarily limited to,the following: (1) Prepare to serve or serve as an expert witness on behalf of the CITY in connection with any public hearings or legal proceedings, including eminent domain litigation. (2) Obtain a title insurance policy for each easement and pump station site insuring good and indefeasible title without exceptions. In the case of a condemned property, obtain a Writ of Possession from a court of law. (3) Prepare documents and/or provide services in excess of those provided for in ARTICLE IV. (4) Provide any other services otherwise excluded in this AGREEMENT but requested by the CITY. ARTICLE VI SERVICES BY THE CITY The CITY and its representatives will render services inclusive of the following: (1) Provide available criteria and full information as to the CITY'S requirements for the PROJECT; (2) Assist the ENGINEER by placing at his disposal all available written data pertinent to the PROJECT; (3) Examine documents submitted by the ENGINEER and render a decision pertaining thereto promptly, to avoid unreasonable delay in the progress of the ENGINEER'S services; EH&A 94-0893 Page 4 November 1994 • (4) Furnish information required as expeditiously as possible for the orderly progress of the work; (5) The City Manager of the CITY or his designated representative shall appoint, in writing, a representative that the ENGINEER shall be entitled to rely upon regarding decisions made by the CITY. All subsequent communication to the CITY shall be deemed made when conveyed in writing to the representative at the location specified in ARTICLE XVI, NOTICES; and (6) The services,information,and reports required by this ARTICLE,inclusive,shall be furnished at the CITY'S expense, and the CITY will use its best efforts to apprise the ENGINEER of any inaccuracies or inconsistencies in the information provided. ARTICLE VII COMPENSATION A. BASIC SERVICES For and in consideration of the BASIC SERVICES (ARTICLE IV) to be rendered by the ENGINEER, the CITY shall pay, and the ENGINEER shall receive compensation as hereinafter set forth. For and in consideration of the BASIC SERVICES set forth in ARTICLE IV, herein, the CITY shall pay and the ENGINEER shall receive compensation for personnel time plus expenses in an amount not to exceed Sixty-One Thousand Dollars ($61,000) to be paid as follows: For all the ENGINEER'S personnel time applied to the BASIC SERVICES,compensation shall be based on "Salary Cost" times a multiplier of 2.40, in accordance with Attachment A. "Salary Cost" used herein is defined as the cost of salaries of engineers, draftpersons, stenographers, surveyors, clerks, laborers, etc., for time directly chargeable to the PROJECT plus social security contributions, unemployment, excise and payroll taxes, employment compensation insurance, retirement benefits, medical and insurance benefits, sick leave, vacation, and holiday pay applicable thereto. C EH&A 94-0893 Page 5 November 1994 • All direct non-labor expenses, including mileage, travel and lodging expenses, but excluding subcontract expenses, applied to the BASIC SERVICES, shall be paid at invoice or internal office cost plus a ten percent (10%) service charge. Subcontract expenses shall be paid at direct cost. B. SPECIAL SERVICES For and in consideration of the SPECIAL SERVICES set forth in ARTICLE V, herein,the CITY shall pay and the ENGINEER shall receive compensation for personnel time plus expenses in an amount not to exceed Fifteen Thousand Dollars ($15,000) to be paid as follows: For all the ENGINEER'S personnel time applied to the SPECIAL SERVICES, compensation shall be based on "Salary Cost" times a multiplier of 2.40, in accordance with Attachment A. "Salary Cost" used herein is defined as the cost of salaries of engineers, draftpersons, stenographers, surveyors, clerks, laborers, etc.,for time directly chargeable to the PROJECT plus social security contributions, unemployment, excise and payroll taxes, employment compensation insurance,retirement benefits,medical and insurance benefits,sick ir leave, vacation, and holiday pay applicable thereto. All direct non-labor expenses, including mileage, travel and lodging expenses, but excluding subcontract expenses, applied to the SPECIAL SERVICES, shall be paid at invoice or internal office cost plus a ten percent (10%) service charge. Subcontract expenses shall be paid at direct cost. C. METHOD OF BILLING For services performed by ENGINEER for CITY under the terms of this AGREEMENT, ENGINEER shall submit statements monthly or less frequently reflecting ENGINEER'S requested compensation for that portion of the BASIC SERVICES or SPECIAL SERVICES completed by ENGINEER. Along with each separate request for payment of these services, ENGINEER shall submit to the CITY documentation substantiating all of the actual costs for which ENGINEER has requested compensation, including but not limited to the following: (1) The name of each individual performing services and the number of hours associated with each individual's performance or services for the period of time identified with any billing invoice; and C EH&A 94-0893 Page 6 November 1994 i3- 7 (I,., (2) A copy of any invoices paid directly by the ENGINEER for any outside services or product which relate to the PROJECT, and which are requested by ENGINEER to be reimbursed by CITY. All records pertaining to services for which payment has been made based upon ENGINEER'S actual costs times a multiplier shall be subject to audit by the CITY in accordance with ARTICLE VIII. ENGINEER may be required to furnish additional records and/or data in addition to the above, as a response to CITY'S auditing process specified in ARTICLE VIII. D. TIME OF PAYMENT OF COMPENSATION The ENGINEER shall submit a request for partial payments for services on a monthly basis, as evidenced by monthly statements submitted by the ENGINEER to the CITY. Final payment for services authorized shall be due upon completion of these services. Should the CITY fail to make payment to the ENGINEER,the sum named in any partial or final statement, and when payment is past due for more than thirty (30) days, then the CITY shall pay to the ENGINEER, in addition to the sum shown as due by such statement, interest thereon at the rate of eight percent (8%) per annum from the date due, as provided Le herein until fully paid,which shall fully compensate ENGINEER for any injury arising from such delay in payment. However,in the event that the sum shown as due to the ENGINEER by such statement shall be disputed, questioned, or objected to by the CITY,then said rate of eight percent(8%) per annum from the date due shall only apply to that portion or amount of payment which is finally and mutually agreed upon by CITY and ENGINEER to be rightfully due and owing to the ENGINEER. ARTICLE VIII AUDIT OF RECORDS All records of the ENGINEER of a financial or timekeeping basis which have been used to determine the fees earned by the ENGINEER and billed to CITY on the basis of "Salary Cost" times a multiplier shall be open to inspection and subject to audit and/or reproduction by CITY'S agent or its authorized representative to the extent necessary to adequately permit evaluation and verification of cost of the services at the conclusion of the scope of all services to be performed under this AGREEMENT. The relationship between Direct Salary and Salary C EH&A 94-0893 Page 7 November 1994 �5,,8- 6 Cost has been identified on Attachment A and is not subject to an audit or a redetermination of any kind. In addition,this ARTICLE shall apply to Subcontractors and Direct Purchases only to the extent of invoices received by ENGINEER and evidence of payment for such invoices in the possession of ENGINEER. In its audits, the CITY may require inspection and copying from time to time and at reasonable times and places of any and all information,materials and data of every kind and character that may in CITY'S judgment have any bearing on or pertain to the payments subject to this audit. The CITY or its designee shall be afforded access to all of the ENGINEER'S records pursuant to the provisions of.this ARTICLE at the conclusion of the term of the AGREEMENT and for a period of three (3) years after final payment. ARTICLE IX WRITTEN AUTHORIZATION It is understood and agreed that no professional services of any nature shall be undertaken under this AGREEMENT by the ENGINEER until ENGINEER is instructed in writing by the CITY's City Manager or his designated representative to commence with the work. ARTICLE X INSURANCE During the term of this AGREEMENT, ENGINEER shall maintain, and shall require its subcontractors to maintain: (1)Adequate public liability insurance for bodily injury and property damage in amounts and with carriers satisfactory to CITY; (2) Workers' compensation coverage on all of ENGINEER'S or its subcontractors' employees working on the PROJECT; and (3) Adequate professional liability insurance. ENGINEER also agrees to furnish to CITY, within seven (7) days of CITY'S written request, certificates reflecting ENGINEER'S and its subcontractors' workers' compensation coverage, public liability insurance coverage for bodily injury and property damage, and professional liability insurance coverage. EH&A 94-0893 Page 8 November 1994 ENGINEER agrees to indemnify and hold CITY harmless from and against any and all claims, demands, or causes of action of whatever nature resulting from or arising out of ENGINEER'S failure to maintain adequate public liability insurance, workers' compensation coverage, or professional liability insurance coverage as required by this AGREEMENT or by law. ARTICLE XI ASSIGNMENT This AGREEMENT shall not be assigned in whole or in part without the written consent of the CITY. The CITY and the ENGINEER each binds itself and its successors and assigns to the other party with respect to all covenants of this AGREEMENT. ARTICLE XII TERMINATION In connection with all the engineering services outlined or contemplated above, it is agreed that the CITY or the ENGINEER may cancel or terminate this AGREEMENT upon thirty (30) days written notice to the other, with the provision and understanding that immediately Lei upon receipt of notice of such cancellation from either party to the other, all work and labor being performed under this AGREEMENT shall immediately cease, pending final cancellation at the end of such thirty (30) day period, and further provided that the ENGINEER shall be compensated in accordance with the terms of this AGREEMENT for all work accomplished prior to the receipt of notice of such termination. All completed or partially completed PROJECT DOCUMENTS prepared under this AGREEMENT shall then be delivered to the CITY which it may use without restraint. All rights, duties, liabilities, and obligations accrued prior to such termination shall survive termination. ENGINEER shall be liable for any damages suffered by the CITY as a result of ENGINEER'S termination of this AGREEMENT. EH&A 94-0893 Page 9 November 1994 `16—/D (hr, ARTICLE XIII DOCUMENTS All PROJECT DOCUMENTS are and shall become the property of the CITY which it may use without restraint. The CITY shall indemnify and hold the ENGINEER harmless for use of the documents for any purpose other than for this PROJECT. The ENGINEER may retain a set of reproducible record copies of documents; however, ENGINEER shall not provide to, or use this work product on behalf of, any person or entity without the express written consent of the CITY. ARTICLE XIV PRIVATE LAND ENTRY ENGINEER shall not enter any property owned by others on the CITY'S behalf for reasons related to the performance of services under this AGREEMENT until the ENGINEER has secured the landowner's permission to so enter and perform such activities. The ENGINEER agrees to indemnify and hold the CITY harmless from any and all claims,demands, or causes of action of whatever nature resulting from activities on land owned by others. ARTICLE XV EMPLOYMENT PRACTICES ENGINEER agrees not to discriminate against any employee or applicant for employment because of race,religion, color,sex,age,disability, or national origin. ENGINEER agrees to comply with the Immigration Reform and Control Act of 1986 and the Americans with Disabilities Act of 1990, and ENGINEER will indemnify and hold the CITY harmless for any failure to so comply and any discrimination for which ENGINEER may be charged. The CITY encourages ENGINEER to provide equal opportunity to disadvantaged business enterprises including minority-owned and female-owned businesses to participate in the performance of this AGREEMENT. C EH&A 94-0893 Page 10 November 1994 ARTICLE XVI NOTICES All notices and communications under this AGREEMENT to be delivered to the CITY shall be sent to the address of the CITY as follows, unless and until the ENGINEER is otherwise notified: City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Attention: Mr. Robert R. Whitehead Director of Public Works All notices and communications under this AGREEMENT to be delivered to the ENGINEER shall be sent to the address of the ENGINEER as follows, unless and until the CITY is otherwise notified: Espey, Huston & Associates, Inc. 13800 Montfort Drive, Suite 230 Dallas, Texas 75240 Attention: Mr. Michael R. Burge Project Manager ARTICLE XVII INDEPENDENT CONTRACTOR The services performed hereunder by the ENGINEER shall be subject to CITY'S inspection and approval, but the detailed manner and method of doing same shall be under the control of the ENGINEER. In the performance of services hereunder, ENGINEER shall be deemed an independent contractor, and any of its employees performing services required hereunder shall be deemed solely employees of ENGINEER or its subcontractor, and not employees of the CITY. („0„, EH&A 94-0893 Page 11 November 1994 ARTICLE XVIII SUBCONTRACTORS In fulfilling its duties pursuant to this AGREEMENT, it is anticipated that the ENGINEER may subcontract to individuals, corporations, organizations, governments or governmental subdivisions or agencies,partnerships,associations,or other legal entities. Such subcontracts may be entered into only with written approval from the CITY. ARTICLE XIX PRIOR AGREEMENTS SUPERSEDED This AGREEMENT constitutes the sole and only Agreement of the parties hereto and supersedes any prior understanding or oral or written Agreements between the parties regarding the subject matter of this AGREEMENT. ARTICLE XX LEGAL CONSTRUCTION In case any one or more of the provisions contained in this AGREEMENT shall be for co, any reason held to be invalid, illegal, or unenforceable in any respect,such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. ARTICLE XXI GOVERNING LAW The validity of this AGREEMENT and of any of its terms or provisions, as well as the rights and duties hereunder, shall be governed by the laws of the State of Texas. EH&A 94-0893 Page 12 November 1994 5,Q—/3 s ARTICLE XXII PLACE OF PERFORMANCE All amounts due under this AGREEMENT, including damages for its breach, shall be paid in Tarrant County, Texas,said Tarrant County, Texas being the place of performance as agreed to by the parties to this AGREEMENT. In the event that any legal proceeding is brought to enforce this AGREEMENT or any provision hereof, the same shall be brought in Tarrant County, Texas. ARTICLE XXII REPRESENTATION ENGINEER represents that no CITY officer,employee, or agent has been compensated in any way with respect to this AGREEMENT and its consideration by the CITY. In no event will ENGINEER pay a fee to,or in any other manner compensate any CITY officers,employees, or agents in connection with the approval or performance of this AGREEMENT. A breach under this ARTICLE shall result in automatic termination under this AGREEMENT. Upon such termination, the CITY may use all PROJECT DOCUMENTS prepared under this AGREEMENT as provided in ARTICLE XII, TERMINATION, and ENGINEER shall be liable for all damages to ce the CITY occasioned by a termination under this ARTICLE. ARTICLE XXIV TERM OF AGREEMENT This AGREEMENT shall be effective upon the date hereof and shall continue in full force and effect until December, 1995, but upon CITY'S determination, may be extended by written agreement. AU payments and liabilities accrued prior to termination shall survive the termination. ARTICLE XXV TIME OF PERFORMANCE ENGINEER shall complete BASIC SERVICES within eight (8) months after receipt of written authorization to proceed. C EH&A 94-0893 Page 13 November 1994 CARTICLE XXVI LAWS AND ORDINANCES ENGINEER shall at all times observe and comply with all federal, state, and local laws, ordinances, rules, regulations, and orders of any public authority, which in any manner affect this AGREEMENT or the PROJECT. In witness whereof, the parties acting under authority of their respective governing bodies have caused this AGREEMENT to be executed in several counterparts, each of which is deemed to be an original and as of the day and date first written above. CITY OF SOUTHLAKE, TEXAS ATTEST: C City Secretary (SEAL) ESPEY, HUSTON & ASSOCIATES, INC. William B. Moriarty, P.E. Executive Vice President ATTEST: EH&A 94-0893 Page 14 November 1994 .S46— tic ATTACHMENT A ESPEY, HUSTON & ASSOCIATES, INC. HOURLY BILLING RATES November, 1994 CATEGORY BILLING RATE RANGES* Principal $120 - $150 Project Manager $ 80 - $120 Project Engineer $ 55 - $ 90 Senior Technician $ 40 - $ 65 Technician $ 20 - $ 40 Clerical $ 20 - $ 55 *The above billing rates are based upon "Salary Cost" times a multiplier of 2.40. As used herein, the term "Salary Cost" shall be established at 1.32 times "Direct Salary." EH&A 94-0893 Page 15 November 1994 City of Southlake,Texas r_.40.___4. I MEMORANDUM November 9, 1994 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Agreement with Cheatham and Associates for Engineering Design of Water System Improvements [Booster Pumping Station and a Ground Storage Tank] The water system improvements completed in 1994, will allow an adequate supply of water to the City for 1995; that is, assuming no major break in the one supply line or other disruption of service from Fort Worth. The 1994 improvements consisted of larger pumps at the Beach Street Station and the "High Pressure Plane" utilizing Keller's ground storage. In order to meet the anticipated volume demand placed on the system by summer of 1996, the City needs to have operational a ground storage tank and pumping facility. The proposed ground storage tank will allow the existing pipeline from Fort to double the volume of water because of the reduced "head" or pressure, which the current pumps at Beach Street Pumping Station must push against to force water into the City's elevated tanks. The attached "Schedule of Proposed Capital Projects" (line 3) "Water System Improvements" shows the anticipated time schedule to complete the project by June 1996. The proposal before City Council is to contract with Cheatham and Associates to provide the engineering service. The estimated total cost including engineering fee, surveying fee and easement preparation is $168,830.00. Staff would recommend the City Council authorize the Mayor to execute the attached agreement with Cheatham and Associates to design the booster pumping station and ground storage tank. Please place this on the November 15, 1994 agenda for Council consideration. BW/sm Attachments: Proposal (has•• wpfiles\memos\wtrsys.imp .5c--i 450 CHEATHAM -AND ASSOCIATES November 1, 1994 Mr. Bob Whitehead Director of Public Works City of Southlake 667 N. Carroll Ave. Southlake, TX 76092 Re: Proposal for Providing Professional Services in Connection with the Design of Booster Pumping Station & Ground Storage Tank CONSULTANT'S UNDERSTANDING The City of Southlake is proposing to construct a booster pumping station and ground storage tank in the vicinity of F.M. 1709 and Pearson Rd. Once this facility is complete, the existing pumping station at Alta Vista will be used to deliver water to the proposed ground storage tank. It will then be pumped into the City's system, serving both the high and low pressure planes. This new facility is required to increase the quantity of water into the system, since the current rate of growth will soon exceed the available supply from Alta Vista, which can be pumped directly into the system. In addition to the pumping station and ground storage tank, it will be necessary to construct a supply line which will connect the proposed pumping station with both the high and low pressure planes. In that regard, Southlake has directed Cheatham & Associates to prepare construction plans and associated documents to facilitate the construction of the proposed pumping station and ground storage tank. It has not been determined where the proposed facility will be located. The final site selection will be determined, based upon several factors such as land costs, availability of a site, and cooperation from the City of Keller. Once the site is selected, the supply line can be designed, and any easements, which may be required, can be identified. SCOPE OF SERVICES 1.0 Surveying 1.1 Our firm will furnish all necessary surveying field and office work necessary to perform the engineering design and to prepare construction plans. 1.2 We will also furnish all construction staking. ENGINEERS • PLANNERS • SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1601 E. Lamar Blvd. • Suite 200• Arlington,Texas 76011 817/548-0696•Metro 265-8836• Fax 817/265-8532 .5c-a ' Mr. Bob Whitehead November 1, 1994 City of Southlake Page 2 1.3 Surveying for easement preparation, if required, will also be furnished. (See Item 3.2) 2.0 Engineering 2.1 Our firm will furnish all necessary technical expertise required to accomplish the engineering design of the pumping station, ground storage tank and supply line. The design will be in accordance with applicable state and local regulations. 2.2 Our firm will then prepare construction plans, specifications and contract documents based on the engineering design. 2.3 We will assist in the advertising for and taking of construction bids. We will issue any required addendums. Our firm will assist in the processing of contract documents after contract award and will issue notice-to-proceed. 2.4 Periodic on-site visits by an engineer will take place during construction. We will issue and process any required change orders. 2.5 We will provide assistance in conducting the final inspection and issuance of certificate of completion. 3.0 Easements (if required) 3.1 Our firm will conduct the search for deeds and conduct other research at the Tarrant County Courthouse necessary for the preparation of the required easements. 3.2 We will then prepare the legal (metes & bounds) descriptions of the easements with computer plotting. This work element also includes the surveying work necessary to prepare easements and to tie easements to the base line(s). 3.3 This element includes preparation of the final written easement document and of the accompanying drawing. 3.4 This proposal does not contemplate our firm providing assistance in acquiring property owner's signatures, nor participating in any condemnation proceedings without additional compensation. 4.0 Inspection 4.1 We will not furnish full-time on-site construction inspection, but will make periodic visits to the site, and will be available for plan interpretations. C 3e-i Li Mr. Bob Whitehead November 1, 1994 City of Southlake Page 3 FEES We will provide all the services and products described in the scope of services including all services necessary for engineering surveying, engineering, preparation of construction plans and specifications, preparation of construction cost estimates, contract administration, construction staking and periodic visits during construction, and as-built plans. [See Engineer's Estimate and Excerpts from the TSPE General Engineering Services Manual on the last three pages.] *Engineering Fee (total project cost of$2,180,000) [Based on TSPE Curve A, 6.85% of Engineer's Estimate of Construction Cost] $149,330.00 Surveying Fees [Flat fees based on estimate of time required times hourly rate for field party] Design Survey $8,500.00 Construction Staking 3,500.00 Easement Preparation (if required) • [Flat Fees based on estimate of time required times hourly rates for technicians] Research 2,500.00 Documents/drawings/field work 5.000.00 * Total Professional Fees $ 168,830.00 * These fees to be computed for final billing based upon actual construction costs of the project. Please note that all direct expenses, such as travel and printing, are included in the above fees. The fees cover only that work specified in the proposal. It does not include; - Soils testing - Other testing involving outside laboratory services - Revisions to material prepared beyond that specified in proposal The above listing of services or others not included in the basic fees may be added to our agreement at your request and approval of estimated costs or rates. Se-V • • Mr. Bob Whitehead November 1, 1994 City of Southlake Page 4 FEE SCHEDULE 1/01/94 Professional fees for studies and reports are calculated using hourly rates which include all wages, benefits, overhead and profit. The fees include all incidental costs and expenses (except where specifically noted), including all travel, out-of-pocket expenses, drafting, telephone, typing, etc., plus direct expenses times a handling multiplier. The fees proposed for this project are based on the hours estimated for each phase of the project times hourly rates. The following is the current rate schedule used to calculate job fees Principal Engineer $90.00 Registered Engineer $75.00 Staff Engineer $70.00 Land Planner $65.00 Certified City Planner (AICP) $67.50 Registered Landscape Architect $65.00 Licensed Irrigator $60.00 Technician $55.00 Construction Inspector $45.00 Drafter $45.00 Technical Typist $40.00 4 Man Survey Crew $85.00 3 Man Survey Crew $75.00 TERMS AND CONDITIONS Monthly billing will be on a basis of percentage of completion. Invoices are normally mailed by the 5th of each month and payment is expected within ten working days. GUARANTEE Cheatham & Associates guarantee to maintain the fees presented herein for 90 days from the date of this proposal unchanged. The above fees include all incidental costs and expenses (except where specifically noted), including all travel, out-of-pocket expenses, drafting, (60., telephone, typing, etc. Mr. Bob Whitehead November 1, 1994 City of Southlake Page 5 If the above meets with your approval, this proposal can also serve as our agreement, which you may indicate by signing in the space provided below. Please do not hesitate to call should you have any questions or requested modifications of the proposal. The opportunity to be of service to you and the City of Southlake is greatly appreciated. Respectfully, kialwrG Eddie Cheatham, P.E. \southlalAbpsgst.des C AUTHORIZATION TO PROCEED: Accepted this day of , 1994 By: Title: C • (1.91 CHEATHAM&ASSOCIATES 1601 E. LAMAR BLVD.,#200 ARLINGTON,TEXAS 76011 817/548-0696 - METRO 817/265-8836 ENGINEER'S ESTIMATE CITY OF SOUTHLAKE ANALYSIS OF SITES FOR GROUND STORAGE AND PUMPING STATION SITE"A" DATE: APRIL, 1994 SHEET 1 OF 1 ITEM ITEM DESCRIPTION UNIT PLAN UNIT TOTAL NO. QTY. PRICE COST 1. • ALL ON-SITE IMPROVEMENTS 1 1 1855000.00 $1,855,000.00 2. LAND COSTS(2.5 AC) AC 2.5 30000.00 $75,000.00 3. 24"LOW-PRESSURE LINE"A" L.F. 1850 54.00 $99,900.00 4. 12"HIGH-PRESSURE LINE"B" L.F. 0 25.00 $0.00 5. CONNECT TO EXISTING 20"LINE 1 1 10000.00 $10,000.00 6. PAVEMENT REPAIR L.F. 1850 20.00 $37,000.00 • SUBTOTAL CONST.COST $2,076,900.00 OWNER: CITY OF SOUTHLAKE CONST.CONTINGENCY $178,100.00 ENGINEERING&SURVEYING $245,000.00 • SEE ATTACHED ESTIMATE FOR DETAILS TOTAL PROJECT COST $2,500,000.00 SOUTHLIABESTSITANA Se- 7 (...„ , CHEATHAM &ASSOCIATES 1601 E. LAMAR BLVD. SUITE 200 ARLINGTON, TEXAS 76011 ENGINEER'S ESTIMATE SHEET 1 OF 1 JOB NO. 001-515,PHASE II FUTURE WATER PUMP STATION W/5,000,000 GROUND STORAGE PEARSON ROAD-ADJACENT TO KELLER'S STATION DATE: APRIL 29,1994 ITEM ITEM DESCRIPTION UNIT PLAN UNIT TOTAL NO. QTY. PRICE COST 1. 5M GROUND STORAGE TANK 165'X 32' EA. 1 800000.00 $800,000.00 2. CONTROL BUILDING 20'X 40' S.F. 800 80.00 $64,000.00 3. YARD PIPING L.S. 1 100000.00 $100,000.00 4. SUCTION&DISCHARGE HEADER L.S. 1 100000.00 $100,000.00 5. PUMP SUCTION CANS(8)W/CONC.SLAB L.S. 1 80000.00 $80,000.00 6. ELECTRICAL CONTROLS L.S. 1 400000.00 $400,000.00 7. VERTICAL TURBINE PUMPS HIGH SIDE EA. 3 20000.00 $60,000.00 8. VERTICAL TURBINE PUMPS LOW SIDE EA. 4 28000.00 $112,000.00 9. SITE PREPARATION-GRADING L.S. 1 12000.00 $12,000.00„,,, 10. ACCESS DRIVE-PARKING-FENCE L.S. 1 40000.00 $40,000.00 11. LANDSCAPING-SEEDING&MISC. IRRIGATION L.S. 1 12000.00 $12,000.00 12. METER W/METER VAULT L.S. 1 35000.00 $35,000.00 13. TELEMETRY SYSTEM W/INTERFACE L.S. 1 40000.00 $40,000.00 SUBTOTAL CONST.COST $1,855,000.00 CONST.CONTINGENCY $185,500.00 ENGINEERING $145,000.00 TOTAL PROJECT COST $2,185,500.00 NOTE: IF 3,000,000 GAL.GROUND STORAGE TANK IS USED,THE EST.TOTAL CONST.COST WOULD BE $1,965,500.00 \WATVUMP C Curve A is intended to apply to assignments of which the following are cmp, typical examples: Water,sewage and industrial waste treatment plants Low cost, or complicated, waterfront and marine terminal facilities Complicated dams and hydro-power installations Small bridges and bridges which are complicated by involved geo- metrics and unsymmetrical features, or which require location and/or alternate design studies Grade crossing eliminations Urban streets and freeways, including related drainage facilities Water distribution lines under 16-inch diameter Sanitary sewage collection lines under 24-inch diameter Pumping stations 4Ne► Air pressure tunnels Swimming pools Foundations Curve B is intended to apply to less complicated assignments of which the following are examples: Large intercepting and relief sewers Storm sewers and drains Sanitary sewage collection lines 24-inch diameter and over Water distribution lines 16-inch diameter and over (..- Simple bridges and other structures of straightforward or conven- tional design Dams of average complexity Airport paving and grading Irrigation works, except pumping plants Railways Levees and flood walls, conventional Sewer and water tunnels(free air) Earthwork and dredging Highways and rural roads, except low-cost rural roads High-cost wharf facilities of conventional design Retaining walls and bulkheads, conventional (..,,, 16 5e - 1 Curves of Median Compensation CURVES A AND B 0 c r m a o — C O �j 'C c.) .5.0 (0 ` c U 7.00 ►. .. la C L N C C V5 Q C — O " C N a7 .- N a) o. .a C u °' -0 :� V ton m fl U1 >; C co � C.O 1. Uf d0. •3 V 0 C) Min Lo. 3 v H ¢c T)0 cca ca> > o ma li `° E .0 o ��� M� MME a W MINM��M�MEMEnt��i. _a 413 E (oh- ,o M ������ via m �� �mumor/or1m �n o R .c m a,- �����IM� w ����1•111111111111111111111111111=111111 cn o a'3 c � _ ¢ L. � / �� > o a cc cc m O7 NW ■■�■■■ P.) 'L.0 . OV 111111111111111111111111111111 .0 L. � 0 ao m a a . � E 1111111 flhIflP'dIiIflI c0 nc > �>Za °E li. � c a C:75 aic "a EacEeo C41EV o cv� NiQc 1111111111111 o fn • cE � � 0010 _�M-O L. 1:3Nn CD .0 C ,n0 a).- 0. 3 .... >. C6. -.6 U c. G N G.c .0 d In Y E <a ._ C �' 0 0. L. a> > 3 +• N L. 3 u c 'fl 0 0 0 m (a a) •5 a) c c a1 a) .z C. -, Z C .p E o O w No . • L .°'.. o F- ca. cv U +. �. N t.. la a) 77 CC C L F- C.) d` O O C0 O. w- 0 NQC O c OO4- 4) Lp .,- o 1 y O N 41 a d o . ` co +- V O C O. :c. 0 Ul > C U .0 OE ' . Co0 a' yt- cCv .... 3 � � o and v. Vl w . O O >i Na) d .G zo LrCS N ..�Ci c a E .. c Co-0 ...-e..- 0 0 u L.. .. _ o ai - N -. 0 al c0 N (0 in 0 U) E.W. 1N3383d-3981/H3 3ISbB O z e-/D 15 b D. `ial rodU] ,,, OU2 � ul OU) � b tli t4 r4 1 2 ~,t_iltm 0 gtii ..,.,txi C tri `'-' iir.igtziw CI P-3 z z z $� .... .. I� :::.... c i 511 kit 1ilR i i a a tii: t - kip - II o0 to 0 tt - kid -• - to 11 � o C , il _ y _ miz.:.;;;;R - b - - o > tt _ o �d 0 0 c_, tm p tri m I • J-e // qt City of Southlake,Texas MEMORANDUM ; l i why-111 November 9, 1994 1011 �� TO: Curtis E. Hawk, City Manager yir/ / � FROM: Bob Whitehead, Director of Public Works vi (,�, SUBJECT: Agreement with Cheatham and Associates for Engineer i�!., 1 esign for Services in Five Subdivisions Attached is an agreement with Cheatham and Associates to prepare plans and specifications for sanitary sewers in the following subdivisions: Vista Trails, Cimarron Acres, Emerald Estates, Whispering Dell Estates, and Highland Estates. Cheatham and Associates are also preparing preliminary estimates to provide sewer services to existing subdivisions which are not on the three-year program, as per Council direction. The attached, "Schedule of Proposed Capital Projects" (line 2) "Sewer System Improvements," shows that it will take until July 1995 to complete all of the plans for the five subdivisions. Construction will start mid October 1995, with completion by April 1996. The total estimated cost for the Engineering fee, Surveying fee and easement preparation is $144,500. Staff would recommend that the City Council authorize the Mayor to execute the attached agreement with Cheatham and Associates for the engineering design of the sanitary sewer systems in Vista Trails, Cimarron Acres, Emerald Estates, Whispering Dell Estates, and Highland Estates. kPlease place this on the November 15, 1994 agenda for Council consideration. I 11 `+ __ .,,,,,,,, - .), ` BW/sm Attachments: Proposal Map wpfiles\memos\swrsys.imp CHEATHAM AND C ASSOCIATES November 1, 1994 Mr. Bob Whitehead Director of Public Works City of Southlake 667 N. Carroll Ave. Southlake, TX 76092 Re: Proposal for Providing Professional Services in Connection with the Design of Sewer Systems in Five (5) Existing Residential Subdivisions CONSULTANT'S UNDERSTANDING There are several existing subdivisions within the City of Southlake which were developed prior to the availability of sanitary sewer service. These subdivisions consist of large lots, of at least one acre, and rely on septic tanks for sewer treatment, and lateral lines for disposal of effluent. The City has been striving to develop a sewer system which will be available to all residents. Many of the existing older subdivisions now have sewers readily available, once the internal collection system and service lines are installed. Therefore, the City of Southlake has directed Cheatham&Associates to prepare construction plans and associated documents to facilitate the construction of internal sanitary sewer systems to serve five (5) existing subdivisions. These subdivisions are: Vista Trails Cimmarron Acres Emerald Estates Whispering Dell Highland Estates SCOPE OF SERVICES 1.0 Surveying 1.1 Our firm will furnish all necessary surveying field and office work necessary to perform the engineering design and to prepare construction plans. 1.2 We will also furnish all construction staking. 1.3 Surveying for easement preparation, if required, will also be furnished. (See Item 3.2) ENGINEERS • PLANNERS • SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1601 E. Lamar Blvd. •Suite 200• Arlington,Texas 76011 817/548-0696 • Metro 265-8836•Fax 817/265-8532 Mr. Bob Whitehead November 1, 1994 City of Southlake Page 2 2.0 Engineering 2.1 Our firm will furnish all necessary technical expertise required to accomplish the engineering design of the sewer line. The design will be in accordance with applicable state and local regulations. 2.2 Our firm will then prepare construction plans, specifications and contract documents based on the engineering design. 2.3 We will assist in the advertising for and taking of construction bids. We will issue any required addendums. Our firm will assist in the processing of contract documents after contract award and will issue notice-to-proceed. 2.4 Periodic on-site visits by an engineer will take place during construction. We will issue and process any required change orders. 2.5 We will provide assistance in conducting the final inspection and issuance of certificate of completion. 3.0 Easements 3.1 Our firm will conduct the search for deeds and conduct other research at the Tarrant County Courthouse necessary for the preparation of the required easements. 3.2 We will then prepare the legal (metes &bounds) descriptions of the easements with computer plotting. This work element also includes the surveying work necessary to prepare easements and to tie easements to the base line(s). 3.3 This element includes preparation of the final written easement document and of the accompanying drawing. 3.4 This proposal does not contemplate our firm providing assistance in acquiring property owner's signatures, nor participating in any condemnation proceedings without additional compensation. 4.0 Inspection 4.1 We will not furnish full-time on-site construction inspection, but will make periodic visits to the site, and will be available for plan interpretations. FEES We will provide all the services and products described in the scope of services including all services necessary for engineering surveying, engineering, preparation of construction plans and specifications, preparation of construction cost estimates, contract administration, construction staking and periodic visits during construction, and as-built plans. Col [See Engineer's Estimate and Excerpts from the TSPE General Engineering Services Manual on the last three pages.] 50-3 Mr. Bob Whitehead November 1, 1994 C City of Southhake Page 3 *Engineering Fee (Total Project Cost of$1,096,123.00) [Based on TSPE Curve A, 7.5% of Engineer's Estimate of Construction Cost] $82,500.00 Surveying Fees [Flat fees based on estimate of time required times hourly rate for field party] Design Survey $38,500.00 Construction Staking 16,500.00 Easement Preparation(if required) [Flat Fees based on estimate of time required times hourly rates for technicians] (b./ Research 2,500.00 Documents/drawings/field work 4.500.00 * Total Professional Fees $ 144,500.00 * These fees to be computed for final billing based upon actual construction costs of the project. Please note that all direct expenses, such as travel and printing, are included in the above fees. The fees cover only that work specified in the proposal. It does not include; - Soils testing - Other testing involving outside laboratory services - Revisions to material prepared beyond that specified in proposal • The above listing of services or others not included in the basic fees may be added to our agreement at your request and approval of estimated costs or rates. 5D-ki Mr. Bob Whitehead November 1, 1994 City of Southlake Page 4 FEE SCHEDULE 1/01/94 Professional fees for studies and reports are calculated using hourly rates which include all wages, benefits, overhead and profit. The fees include all incidental costs and expenses (except where specifically noted), including all travel, out-of-pocket expenses, drafting, telephone, typing, etc., plus direct expenses times a handling multiplier. The fees proposed for this project are based on the hours estimated for each phase of the project times hourly rates. The following is the current rate schedule used to calculate job fees Principal Engineer $90.00 Registered Engineer $75.00 Staff Engineer $70.00 Land Planner $65.00 Certified City Planner (AICP) $67.50 Registered Landscape Architect $65.00 Licensed Irrigator $60.00 Technician $55.00 Construction Inspector $45.00 Drafter $45.00 Technical Typist $40.00 4 Man Survey Crew $85.00 3 Man Survey Crew $75.00 TERMS AND CONDITIONS Monthly billing will be on a basis of percentage of completion. Invoices are normally mailed by the 5th of each month and payment is expected within ten working days. GUARANTEE Cheatham & Associates guarantee to maintain the fees presented herein for 90 days from the date of this proposal unchanged. The above fees include all incidental costs and expenses (except where specifically noted), including all travel, out-of-pocket expenses, drafting, telephone, typing, etc. Mr. Bob Whitehead November 1, 1994 City of Southlake Page 5 If the above meets with your approval, this proposal can also serve as our agreement, which you may indicate by signing in the space provided below. Please do not hesitate to call should you have any questions or requested modifications of the proposal. The opportunity to be of ' service to you and the City of Southlake is greatly appreciated. Respectfully, G ' Eddie Cheatham, P.E. tsauthlakVesid.ss AUTHORIZATION TO PROCEED: Accepted this day of , 1994 By: Title: 5-D-10 • • CHEATHAM&ASSOCIATES 1601 E.LAMAR BLVD.,SUITE 200 ARLINGTON,TEXAS 76011 ENGINEER'S ESTIMATE CITY OF SOUTHLAKE SANITARY SEWER TO SERVE HIGHLAND ESTATES JOB NO.001-402 DATE: OCTOBER 31, 1994 SHEET 1 OF 1 ITEM ITEM DESCRIPTION UNIT PLAN UNIT TOTAL NO. QTY. PRICE COST 1. 6"SDR 35(8'-10')TRENCH LF. 1000 15.50 $15,500.00 2. 6"SDR 35(10'-12')TRENCH LF. 1000 18.50 $18,500.00 3. STD.4'DIA.MANHOLE EA. 3 950.00 $2,850.00 4. EXTRA DEPTH MANHOLE V.F. 25 100.00 $2,500.00 5. 4"SHORT SIDE SERVICES EA. 7 250.00 $1,750.00 6. 4"LONG SIDE SERVICES EA. 10 350.00 $3,500.00 7. STD.CLEAN OUT EA. 2 350.00 $700.00 (00, 8. CONCRETE DRIVE REPAIR L.F. 200 25.00 $5,000.00 9. HMAC STREET REPAIR L.F. 50 20.00 $1,000.00 10. REPLACE EXIST.CULVERTS LF. 200 20.00 $4,000.00 11. BORE DRIVES/TREES L.F. 100 30.00 $3,000.00 12. CRUSHED STONE EMBEDMENT C.Y. 425 10.00 $4,250.00 SUBTOTAL CONST.COST $62,550.00 CONTINGENCY $7,700.00 INFLATION COST 15% $10,538.00 TOTAL CONST.COST $80,788.00 (..., %HIGHLAND So-7 C CHEATHAM&ASSOCIATES 1601 E. LAMAR BLVD.,SUITE 200 ARLINGTON,TEXAS 76011 ENGINEER'S ESTIMATE CITY OF SOUTHLAKE SANITARY SEWER TO SERVE WHISPERING DELL ESTATES JOB NO.001-402 DATE: OCTOBER 31, 1994 SHEET 1 OF 1 ITEM ITEM DESCRIPTION UNIT PLAN UNIT TOTAL NO. QTY. PRICE COST 1. 6"SDR 35(8'-10')TRENCH LF. 1200 15.50 $18,600.00 2. 6"SDR 35(10'-12')TRENCH LF. 1200 18.50 $22,200.00 3. STD.4'DIA.MANHOLE EA. 6 950.00 $5,700.00 4. EXTRA DEPTH MANHOLE V.F. 25 100.00 $2,500.00 5. 4"SHORT SIDE SERVICES EA. 19 250.00 $4,750.00 6. 4"LONG SIDE SERVICES EA. 20 350.00 $7,000.00 7. STD.CLEAN OUT EA. 2 350.00 $700.00 (by, 8. CONCRETE DRIVE REPAIR L.F. 450 25.00 $11,250.00 9. HMAC STREET REPAIR L.F. 150 20.00 $3,000.00 10. REPLACE EXIST.CULVERTS L.F. 350 20.00 $7,000.00 11. BORE STREET/DRIVES L.F. 175 30.00 $5,250.00 12. CRUSHED STONE EMBEDMENT C.Y. 450 10.00 $4,500.00 13. BORE 4"SERVICES L.F. 600 20.00 $12,000.00 14. LIFT STATION COMP. L.S. 1 25000.00 $25,000.00 15. 4"PVC FORCE MAIN L.F. 1000 10.50 $10,500.00 16. FENCING/SITE WORK L.S. 1 5000.00 $5,000.00 SUBTOTAL CONST.COST $144,950.00 CONTINGENCY $15,550.00 INFLATION COST 15% $24,075.00 TOTAL CONST.COST $184,575.00 Cof %WHISPER C CHEATHAM&ASSOCIATES 1601 E.LAMAR BLVD.,SUITE 200 ARLINGTON,TEXAS 76011 ENGINEER'S ESTIMATE CITY OF SOUTHLAKE SANITARY SEWER TO SERVE EMERALD ESTATES JOB NO.001-402 DATE: OCTOBER 31, 1994 SHEET 1 OF 1 ITEM ITEM DESCRIPTION UNIT PLAN UNIT TOTAL NO. QTY. PRICE COST 1. 8"SDR 35(8'-10')TRENCH LF. 1235 17.50 $21,612.50 2. 6"SDR 35(8'-10')TRENCH LF. 4125 15.50 $63,937.50 3. 6"PVC FORCE MAIN LF. 2650 12.50 $33,125.00 4. STD.4'DIA.MANHOLE EA. 12 950.00 $11,400.00 5. EXTRA DEPTH MANHOLE V.F. 50 100.00 $5,000.00 6. 4"SHORT SIDE SERVICES EA. 27 250.00 $6,750.00 7. 4"LONG SIDE SERVICES EA. 22 350.00 $7,700.00 (..., 8. STD.CLEAN OUT EA. 3 350.00 $1,050.00 9. CONCRETE DRIVE REPAIR L.F. 500 25.00 $12,500.00 10. GRAVEL DRIVE REPAIR L.F. 250 15.00 $3,750.00 11. HMAC STREET REPAIR L.F. 150 20.00 $3,000.00 12. REPLACE EXIST.CULVERTS L.F. 600 20.00 $12,000.00 13. BORE DRIVES/TREES LF. 350 30.00 $10,500.00 14. CRUSHED STONE EMBEDMENT C.Y. 1250 10.00 $12,500.00 15. BORE 4"SERVICES L.F. 660 20.00 $13,200.00 16. LIFT STATION COMP. L.S. 1 45000.00 $45,000.00 17. FENCING/SITE WORK L.S. 1 10000 $10,000.00 • SUBTOTAL CONST.COST $273,025.00 CONTINGENCY $27,975.00 INFLATION COST 15% $45,150.00 TOTAL CONST.COST $346,150.00 (...., \EMERALD CHEATHAM&ASSOCIATES 1601 E. LAMAR BLVD.,#200 ARLINGTON,TEXAS 76011 ENGINEER'S ESTIMATE JOB NO. 001-402 CITY OF SOUTHLAKE SANITARY SEWER TO SERVE CIMMARRON ACRES Date: October31, 1994 SHEET 1 OF 1 ITEM ITEM DESCRIPTION UNIT PLAN UNIT TOTAL NO. QTY PRICE COST 1. 6"35(8'-10')TRENCH L.F. 875 15.50 $13,562.50 2. 6"SDR 35 (10'-12')TRENCH L.F. 875 18.50 $16,187.50 3. STD 4' DIA. MANHOLE EA. 4 950.00 $3,800.00 4. EXTRA DEPTH MANHOLE V.F. 25 100.00 $2,500.00 5. 4"SHORT SIDE SERVICES EA. 9 250.00 $2,250.00 Le6. 4"LONG SIDE SERVICES EA. 9 350.00 $3,150.00 7. STD CLEAN OUT EA. 2 350.00 $700.00 8. CONCRETE DRIVE REPAIR L.F. 225 25.00 $5,625.00 9. HMAC STREET REPAIR L.F. 150 20.00 $3,000.00 10. REPLACE EXIST. CULVERTS L.F. 250 20.00 $5,000.00 11. BORE STREET/DRIVES L.F. 250 30.00 $7,500.00 12. CRUSHED STONE EMBEDMENT C.Y. 300 10.00 $3,000.00 13. BORE 4"SERVICES L.F. 225 20.00 $4,500.00 SUBTOTAL CONST. COST $70,774.00 OWNER: CITY OF SOUTHLAKE CONTINGENCY $8,126.00 INFLATION COST 15% $11,835.00 TOTAL CONST. COST $90,735.00 :CIMMARRON 5b-cc S CHEATHAM&ASSOCIATES 1601 E,LAMAR BLVD.,SUITE 200 ARLINGTON,TEXAS 76011 ENGINEER'S ESTIMATE CITY OF SOUTHLAKE SANITARY SEWER TO SERVE • VISTA TRAILS ADDITION DATE: October 31, 1994 SHEET 1 OF 1 ITEM ITEM DESCRIPTION UNIT PLAN UNIT TOTAL NO. QTY. PRICE COST 1. 6"SDR 35(8'-10)TRENCH L.F. 2950 15.50 $45,725.00 2. 6"SDR 35(10'-12')TRENCH L.F. 2950 18.50 $54,575.00 3. STD.4' DIA. MANHOLE EA. 15 950.00 $14,250.00 4. EXTRA DEPTH MANHOLE V.F. 90 100.00 $9,000.00 5. 4"SHORT SIDE SERVICES EA. 35 250.00 $8,750.00 6. 4"LONG SIDE SERVICES EA. 36 350.00 $12,600.00 L., 7. STD. CLEAN-OUT EA. 2 350.00 $700.00 8. CONCRETE DRIVE REPAIR L.F. 450 25.00 $11,250.00 9. HAMC STREET REPAIR L.F. 4700 25.00 $117,500.00 10. REPLACE EXISTING CULVERTS L.F. 450 20.00 $9,000.00 11. BORE STREET/DRIVES L.F. 350 30.00 $10,500.00 12. CRUSHED STONE EMBEDMENT C.Y. 1100 10.00 $11,000.00 13. BORE 4"SERVICES L.F. 350 20.00 $7,000.00 SUBTOTAL CONST. COST $311,850.00 CONTINGENCY $30,650.00 INFLATION COST 15% $51,375.00 TOTAL CONST.COST $393,875.00 \VISTATRL (...., 5b--► 1 Curve A is intended to apply to assignments of which the following gre C, typical examples: ' Water, sewage and industrial waste treatment plants Low cost, or complicated, waterfront and marine terminal facilities Complicated dams and hydro-power installations Small bridges and bridges which are complicated by involved geo- metrics and unsymmetrical features, or which require location and/or alternate design studies Grade crossing eliminations Urban streets and freeways, including related drainage facilities Water distribution lines under 16-inch diameter *al sewage collection lines under 24-inch diameter � Pumping stations Air pressure tunnels Swimming pools Foundations Curve B is intended to apply to less complicated assignments of which the following are examples: Large intercepting and relief sewers Storm sewers and drains Sanitary sewage collection lines 24-inch diameter and over Water distribution lines 16-inch diameter and over C Simple bridges and other structures of straightforward or conven- tional design Dams of average complexity I Airport paving and grading Irrigation works, except pumping plants Railways Levees and flood walls, conventional _} Sewer and water tunnels(free air) Earthwork and dredging Highways and rural roads, except low-cost rural roads High-cost wharf facilities of conventional design Retaining walls and bulkheads, conventional C 16 SD—t Z • Curves of Median Compensation CURVES A AND B ‘11110, • CO ._ d - - - 0 E >, a) c to I I 2 O .0 t W V) j C _ C o d '0 U �� o o R o C U> 0 ba �d � in �, Q c ` c c >.+,, t o +- c aC a) _ a) ) a L C = u c 0 o Q 0 � w U N a) a a) o C - N c 1 V) d) 3 t) V) CD C In .-4 E .c• 3 c-) .0 Q o .-4 Cto O ' C a) O 1p 0 .0 In . 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L3iT1.3t��►��i; ,,-.. i. .. fA • i1 1 � 1 .°, I • •/ i � i r•I woo• wic;;' :: �'t . i',- • _ E I Ili i,l i :t --.7 11 CIF- %Al ' 3,I • Et!, o b P0 / -i �, • '1 ` Iac $+ 1-1 N cd " _,- / j J - s ±y , y - _`, ' a ! cd S-1 cd a , 1 1 + i. F�2 �• :� rn 4 N -r•I b0 _ - IN i11l7Iirmit • c.) w3 x qi 1 -r- I rif ' �i� 11•11•111 .. �q 1 . - (460., . g g iu7i1'�ii Et Lm � lit a• , -_f_ ---: i tE `. • Vi I _� . , . . ;�,• 10-1 l - 4j am .F ___ i _ ` p ' :I. ilIg 1 I 111 5b.1 r r I •i1;lf . - City of Southlake,Texas MEMORANDUM November 8, 1994 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director, Department of Public Safety SUBJECT: Awarding the Wrecker Contract Attached is the Wrecker Contract authorized by City Ordinance No. 578. All the proper procedures were observed, to include the attomey's review of the contract and the bid procedures. B&B Wrecker, of Euless and Southlake, was the only bidder to meet all requirements. This contract is for Department of Public Safety requested towing and does not interfere with a citizen's right to request another wrecker service for their own use. This is a one year contract that will automatically perpetuate itself for a total of five years. There is a 30-day cancellation clause which either party may choose to exercise. I am available for any questions or comments that you might have. BC/mr Attachment wp MenwlWrekTow5.Ord SOUTIILAKE WRECKER CONTRACT STATE OF TEXAS § § WITNESSE 1'H: COUNTY OF TARRANT § This agreement is entered into by and between the City of Southlake,Texas, a home rule municipal corporation located in Tarrant County, Texas, hereinafter called "City," acting by and through its duly authorized City Manager, Curtis Hawk, and KB Wrecker . , hereinafter called "Operator" acting by and through its duly authorized Owner Andy Chesney WHEREAS, the City of Southlake heretofore adopted Ordinance No. 578 providing for regulations applicable to wrecker and towing services within the City of Southlake; and WHEREAS, pursuant to Ordinance No. 578 the City Council deems it in the best interests of the citizens of Southlake to enter into a contract for the providing of wrecker services where needed pursuant to the exercise of the City's police or governmental powers. NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: I. SCOPE The City hereby contracts with Operator for the providing of emergency and non- emergency wrecker service requested by the City through its Department of Public Safety. Operator agrees to provide wrecker service for accidents on public streets, DWI arrests, disabled vehicle incidents or other pulls requested by the Department of Public Safety where authorized or required to do so. fAfiles\muni\slake\wrecker4.fin(08-26-94) • , - II. TERM This agreement shall be for a term of one (1) year commencing onDecember 1 , 1994. This agreement shall be automatically renewed for additional one (1) year terms for a period of five (5) years from the date of commencement. Notwithstanding the above, either party may cancel this agreement upon thirty (30) days written notice to the other party- PRIMARY WRECKER SERVICE During the term of this agreement and so long as Operator shall not be in default of any of its obligations hereunder, Operator shall be entitled to serve as the principal towing and storage provider for the towing and storage of motor vehicles requested by the City. The City shall utilize Operator for all requested police pulls except in emergency situations requiring equipment, personnel or storage facilities that cannot be promptly provided by Operator. The decision of whether to use additional wrecker services in emergency situations shall be made by the Director of Public Safety in his sole discretion. IV. TWENTY-FOUR HOUR SERVICE; ASSIGNMENT Operator agrees to maintain wrecker service twenty-four (24) hours a day, seven (7) days a week. Operator shall conduct its operations in such a manner as to insure a response time of twenty (20) minutes or less. No calls for wrecker service may be referred or subcontracted to any other wrecker operator except upon prior written approval by the Director of Public Safety. This agreement may not be assigned, in whole or in part, without the prior written approval of the City, and any attempted assignment shall be void. In the event that Operator is unable to provide wrecker service as requested by the City, f:\files\muni\siare\wrecker4.fin 08-26-94 2 Operator shall immediately advise the Department of Public Safety in order that additional wrecker service may be procured. V. WRECKER LICENSE A. Operator shall procure a license from the City as required by Ordinance No. 578 in order to operate a wrecker service within the City. In the event that Operator's license for wrecker services is suspended or revoked by the City in accordance with Ordinance No. 578, the City may cancel this agreement or may utilize additional wrecker services during the period of such suspension or revocation. B. Operator covenants and agrees to comply with all requirements of Ordinance No. 578. The failure to comply with any of the requirements of Ordinance No. 578 shall be deemed to be a breach of this agreement. VI. Operator agrees to provide equipment and vehicles meeting the minimum requirements of Ordinance No. 578. In addition, Operator agrees to provide the following additional equipment throughout the life of this agreement: A. Each wrecker utilized by Operator shall be equipped with a mobile telephone. B. Operator shall provide a trailer, tilt bed vehicle or other similar vehicle capable of handling the safe movement of motorcycles and large vehicle component parts. C. Operator shall provide at least one (1) wrecker capable of towing a truck - tractor. f:\fileAmuni\slake\wrecker4.fin(08-26-94) 3 SE-1 • All vehicles and equipment shall be maintained in a good working condition, subject only to replacement thereof in the normal course of business, in substantially equivalent form. VIL STORAGE FACILITIES All vehicles hauled pursuant to this agreement and stored pending being claimed by the owner, shall be taken to the Operator's storage facility located at 600 W. Euless Boulevard, Euless, Texas or to such location as directed by the City or as Operator and the vehicle owner may agree to. Operator shall maintain its storage facilities in compliance with all appropriate laws and ordinances and in a proper condition and state of repair,without the accumulation of vegetation, litter, trash and debris. All vehicles and vehicle parts shall be stored and maintained in a neat and presentable condition and shall be secured from unlawful tampering and vandalism. Operator shall provide a minimum of two (2) storage spaces for the indoor storage of designated vehicles which must be secured from unlawful tampering and weather related damage for purposes of preserving evidence for use at trial. VIII. FEES A. Unless otherwise agreed to in writing by the City, all fees charged by Operator for services for towing and impounding vehicles shall be in accordance with the bid submitted to the City pursuant to this agreement. B. Upon payment of the charges set out herein, the vehicle shall be released to the owner thereof. No additional charges for calls or service in the City shall be made unless agreed to in writing by the City. For towing to points outside of the City or originating outside of the City, the Operator and Owner shall work out their f:\files\muni\slake\wrecker4 fin(08-26-94) 4 own price and the City shall not be responsible for supervision of this charge. C. Operator shall provide pick-up or towing services for City vehicles within the City at no charge to the City and for vehicles outside the City but within Tarrant County and those counties contiguous to Tarrant County; at the minimum towing charge allowed under state law. Operator shall also provide roadside tire changing services for all Department of Public Safety vehicles less than one (1) ton in size at no charge. In addition, Operator shall provide storage to the City for vehicles which are forfeited to the City pursuant to state or federal forfeiture laws for the minimum storage fee allowed under state law. In those cases where the court awards the vehicle back to the owner, the minimum storage fee will be charged for the period of time from the date of the tow to the date custody of the vehicle is awarded by the court back to the owner. Regular fees for storage after the date of the court order and other reasonable fees and towing charges may be collected. IX. Throughout the term of this agreement, Operator agrees that it shall comply with the following: A. Operator shall maintain in good standing, without any reduction in scope or authority, its certificates of convenience and necessity as issued by the Texas Railroad Commission and the United States Interstate Commerce Commission. B. Operator shall maintain its principal place of business at 600 W. Euless Boulevard Euless, TX 76040 or such other suitable location as may be agreed to in writing between the parties. C. Operator shall employ and maintain a sufficient number of personnel to accommodate a minimum of two (2)5wrecker units at the same time. f:\files\muni\slare\wrecker4.fin(08-26-94) D. Operator shall keep all information required by this agreement and in its application for a wrecker license updated and current. X. INDEPENDENT CONTRACTOR It is expressly understood and agreed that Operator shall operate hereunder as an independent contractor as to all rights and privileges granted herein and not as an agent, representative, servant or employee of the City; that Operator shall be solely responsible for the acts and omissions of its officers, agents, contractors, subcontractors, servants and employees, and nothing herein shall be construed as creating a partnership or joint enterprise between the City and Operator. XL INSURANCE Operator agrees to provide and keep in full force and effect throughout the term ci of this agreement automobile liability insurance and garage keepers liability insurance or truck cargo insurance meeting the requirements of and in the minimum amounts required by Ordinance No. 578. The City shall be named as a co-insured on such insurance. A copy of all such insurance policies shall be filed with the City Secretary. XII. INSPECTION City employees and officials shall have the right of entry at reasonable times to inventory and inspect vehicles pulled at the direction of the City. Operator shall be furnished a copy of any inventory so taken. Operator shall be responsible for the vehicle and its contents while in Operator's custody. XIII. ADMINISTRATIVE FORMS A. Operator shall prepare and issue in a proper and timely manner all necessary (8001 f:\files\muni\slake\wrecker4.fin(08-26-94) 6 notices required under applicable laws and ordinances, including, without limitation, the Texas Litter Abatement Act and the Texas Abandoned Motor Vehicle Act, as amended, to provide adequate notification to owners and lienholders of motor vehicles which are towed and impounded and any attendant auction and sale of unclaimed or abandoned motor vehicles. Operator shall obtain a release from the Department of Public Safety prior to the disposition of any vehicle. Operator shall maintain accurate and proper documentation of all fees incurred and notices sent for purposes of verifying the accuracy of any fees charged and procedures implemented. In addition, Operator shall keep and maintain books and records reflecting its operations as required by Ordinance No. 578. B. Operator shall submit to the Department of Public Safety no later than the 7th day of each month a monthly activity report related to Operator's operation pursuant to this agreement during the previous month. This monthly report shall contain, at a minimum, the following information: 1. Number and listing of vehicles towed. 2. Number and listing of vehicles released. 3. Number and listing of vehicles currently in custody. 4. Length of impoundment of vehicles. 5. Any disposition of vehicles not released to the owner. 6. Such other information that may be required by the Director of Public Safety. XIV. INDEMNIFICATION Operator hereby agrees to indemnify, hold harmless and defend the City, its officers, agents, servants and employees from any and all claims, demands or causes of action, of f:\files\muni\slake\wrecker4.fin(08-26-94) 7 whatsoever kind or nature, arising out of or incident to the towing, storage and sale of motor vehicles pursuant to this agreement or the performance of any duties arising under or by virtue of this agreement, whether or not caused, in whole or in part, by the alleged negligence of the City or its officers, agents;servants or employees. --Operator specifically acknowledges and agrees that the City shall not be liable for any towing or impoundment charges or any other costs or expenses incurred by Operator pursuant to this agreement. Operator further specifically acknowledges and agrees that the City shall not be responsible or liable to Operator for costs incurred by Operator in making "false alarm" calls. In this regard, the City agrees that it will exercise reasonable effort to ascertain the necessity for wrecker service prior to calling Operator and will make every effort to keep Operator from making "false alarm" calls. XV. DEFAULT Cie In the event that Operator should breach any of the terms or conditions of this agreement or should otherwise be in default of any of its obligations pursuant to this agreement, the City shall have the right to terminate this agreement as provided below. Upon the occurrence of any event of default, the City shall provide thirty (30) days written notice to Operator of the default. In the event that Operator fails or refuses to cure the conditions of default within said thirty (30) day period, the City may, in writing, immediately declare this agreement terminated. Notwithstanding the above, City shall only be required to give ten (10) days written notice of any default by Operator for non- payment of any sums due the City hereunder. No waiver by the City of any default in the obligations of the Operator hereunder shall constitute in any form an estoppel of the City from at any time asserting or f:\files\muni\slakc\wreckcr4.fin O5.26-94 reasserting any such default, it being clearly understood and agreed by the parties hereto that no such waiver or estoppel shall occur except by written agreement duly authorized and signed by the City Manager. XVI. NOTICES Notices required to be delivered pursuant to this agreement shall be sufficient if personally delivered or sent by certified mail in the United States Mail, postage pre-paid to the appropriate party at the following address: A. If to City: City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Attention: Director of Public Safety B. If to Operator: B&B Wrecker 600 W. Euless Boulevard Euless, Texas 76040 Attention: Andy Chesney XVII. ENTIRE AGREEMENT This agreement constitutes the entire agreement between the parties and may not be modified or amended except by written agreement signed by the parties hereto. XVIII. VENUE Should any action, whether real or asserted, at low or in equity, arise out of the execution, performance or nonperformance of this agreement, venue for said action shall be in Tarrant County, Texas. f:\files\muni\sla�e\wrecker4 fin(08-26-94) 9 ��r-/ (hir, EXECUTED this day of , 1994. CITY OF SOUTHLAKE By: By: Curtis Hawk, City Manager ATTEST: ATTEST: • Notary Public in and for the City Secretary State of Texas Typed/Printed Name of Notary Public My Commission Expires: C f:\files\muni\slake\wrecker4.fin(08-26-94) 10 City of Southlake,Texas MEMORANDUM November 8, 1994 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director, Department of Public Safety SUBJECT: Ordinance No. 578 Ordinance No. 578 requires certain permits and fees for wreckers working within the confines of the City limits that meet the criteria for those permits. It is recommended by the Department of Public Safety that the permit fee per wrecker vehicle be $24 a year and the permit fee per authorized driver be $12 a year. These fees are to cover the administrative expenses to enforce this ordinance. We also recommend that the contracting agency be able to waive the permit fees, but are still required to meet all specifics within the ordinance. Because there have been numerous discussions for the last two years on these items, we request they be placed on consent agenda. t I am available for any questions or comments that you might have. BC/mr wp I Memo I WrekTow6.Ord L 5r-/ City of Southlake,Texas RESOLUTION NO. 94-61 (ftw A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING RESOLUTION NO. 94-46 BY INCLUDING A WRECKER SERVICE PERMIT FEE FOR TOWING AND IMPOUNDING VEHICLES; PROVIDING THAT THIS RESOLUTION SHALL BE CUMULATIVE OF ALL PROVISIONS OF RESOLUTION NO. 94-46; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake heretofore adopted Ordinance No. 592 providing for the adoption of fees and revisions thereto from time to time by resolution; and WHEREAS, the City Council with Resolution No. 94-46 set a schedule of fees for certain services; and, WHEREAS, the City Council has reviewed the wrecker service fee for towing and impounding of vehicles and has determined that said fee should be included in the fee schedule. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Schedule of Fees, Section I, Administrative Activities, is amended by adding: #12 . Wrecker Permit Fee : Permit fee per wrecker vehicle $24 per year (waived for contract agency) Permit fee per authorized driver $12 per year (waived for contract agency ztg Section 2 . That this resolution shall be cumulative of all provisions of Resolution No. 94-46 of the City of Southlake, Texas, except where the provisions of this resolution are in direct conflict with provisions of such resolution, in which event the conflicting provisions of such resolution are hereby repealed. Section 3 . That the fee established herein shall be effective upon passage of this Resolution and shall take precedence over any fees previously adopted which are in conflict herewith. PASSED AND APPROVED this the day of , 1994 . CITY OF SOUTHLAKE, TEXAS ATTEST: Gary Fickes, Mayor Sandra L. LeGrand City Secretary 11•94-61FRE RFS/ORMRF.S/kh • ', 7 (1111w ORDINANCE NO.17/ WRECKER ORDINANCE AN ORDINANCE PROVIDING FOR THE REGULATION OF WRECKER AND TOWING COMPANIES OPERATING IN THE CITY OF SOUTHLAKE; REQUIRING A LICENSE TO CONDUCT WRECKER SERVICES WITHIN THE CITY; PROVIDING FOR THE ISSUANCE, SUSPENSION AND REVOCATION OF LICENSES; PROVIDING REQUIREMENTS FOR WRECKER VEHICLES AND STORAGE FACILITIES; PROVIDING OPERATING PROCEDURES FOR WRECKERS;PROHIBITING SOLICITATION OF WRECKER BUSINESS; AUTHORIZING THE CONTRACTING BY THE CITY OF A SINGLE WRECKER SERVICE COMPANY;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 (ow, Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of Southlake, Texas deems it necessary and proper and in the best interests of the health, safety, morals and general welfare of its citizenry to adopt an ordinance regulating wrecker and towing services. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION I. PURPOSE The purpose of this ordinance is to provide a safe and efficient vehicle wrecker and towing service within the City of Southlake for the benefit of the public and as needed and required by the Southlake Department of Public Safety. (kr' t\fil s\muni\slake\e ordmanc\wrecker.004(02 23-94) E - /f2 s L, SECTION II. DEFINITIONS In this ordinance the following words shall have the meanings ascribed to them below: Accident means any occurrence that renders a vehicle wrecked or disabled. City means the City of Southlake, Texas. Director of Public Safety means the Director of Public Safety of the City of Southlake, or his designated representative. Disabled Vehicle means a motor vehicle that has been rendered unsafe to be driven as the result of some occurrence, including, but not limited to mechanical failure or breakdown, fire or vandalism, or a motor vehicle that is in a safe driving condition but who's owner or operator is not present, able or permitted to drive so as to reasonably necessitate that the vehicle be removed by a wrecker. Motor Vehicle means every vehicle which is self propelled. Non-consent Tow means the towing of a vehicle without the prearranged knowledge and consent of the owner or operator of said vehicle. Examples include, but are not limited to, vehicles towed when the driver is incapacitated following an accident, vehicles towed when the driver has been arrested, vehicles removed from public or private property without pre-notification to the vehicle owner, repossessions and seizures. Non-resident Wrecker or Tow Truck Operator means a wrecker or tow truck operator registered with the State of Texas who does not maintain a place of business within the corporate limits of the City of Southlake. Person means an individual, firm, partnership, association, corporation, company or organization of any kind. Vehicle means every mechanical device in, upon or by which any person or property is or may be transported or drawn upon a public highway except devices moved by human power or used exclusively upon stationary rails or tracks. Wrecked Vehicle means a discarded, abandoned,junked, wrecked or worn out motor vehicle that is not in a condition to be lawfully operated on a public road. Wrecker means a vehicle designed to be used primarily for removing wrecked or disabled vehicles. Wrecker or Tow Truck Operator means a person engaged in the business of using a wrecker to tow, winch or otherwise move a motor vehicle. f:\files\muni\slake\ordinanc\wrecker.004(02-23-94) 2 3e'-r SECTION III. LICENSE REQUIRED A. Requirements. 1. Every person desiring to provide a wrecker or towing service within the City shall first obtain a license from the City Secretary. It shall be unlawful to engage in a wrecker or towing business within the City without first obtaining a license, regardless of whether the business is located inside or outside the City, except as provided by this ordinance. 2. A person who charges a fee for towing wrecked or disabled vehicles, whether by the use of a wrecker or by the use of any other vehicle utilizing ropes, chains or other mechanisms, shall be considered to be engaging in a wrecker or towing business. This shall not be construed to include a service car or other vehicle not equipped with mechanical devices for transporting wrecked vehicles and not used for such purpose, such as service cars equipped with compressed air containers and tools for performing minor repairs not involving towing or transportation of wrecked or disabled vehicles. B. Exceptions. No license shall be required for the following activities: 1. The transportation of a vehicle by a non-resident wrecker operator from some point outside the City to some destination within the City. 2. The transportation of a vehicle by a non-resident wrecker operator from some point outside the City and traversing the City to some other destination outside of the City. 3. The transportation of a vehicle by a non-resident wrecker operator at the request of the owner or operator of a vehicle which is located within the City. SECTION IV. APPLICATION FOR LICENSE; REQUIREMENTS All applicants for a wrecker license must file a written application with the Director of Public Safety. The application shall be verified by the applicant and shall be on a form L f:\files\muni\slake\ordinanc\wrecker.004(02-23-94) 3 • furnished by the Director of Public Safety and shall contain the following minimum information: 1. The business or trade name, address and telephone number of the wrecker company. 2. The name, address and telephone number of the owner of the wrecker business. If the applicant is a corporation, the following information shall also be included: its name, the date and place of incorporation, the address of its principal place of business, the names and residences of all its officers and directors, the names and residences of all its stockholders owning ten percent or more of the total issued capital stock and the amount of stock owned by each of them, the total amount and nature of its authorized capital stock, a certified copy of its charter and by-laws, and a certified copy of its authorization to do business in the State of Texas. If the applicant is a partnership, the following information shall also be included: its name, the type of partnership, the names and residences of all its partners owning then percent or more of the ownership interest in the partnership and their percentage of ownership. 3. The name, driver's license number, address and telephone numbers of the persons who will operate the applicant's wrecker vehicles in the City and who will have access to the applicant's storage area. 4. The normal hours of operation of the wrecker business. 5. The location and a description of the applicant's storage facility where all disabled and wrecked vehicles will be stored, including the number of spaces available for the storage of towed vehicles, whether the spaces are enclosed or open, the type of security for the protection of the vehicles and the normal hours of operation of the storage facility. 6. The number of wreckers for which permits are desired. 7. The design and color scheme of each wrecker to be used and the lettering and logos to be used thereon. 8. The year, make, model, vehicle identification number, license plate number, railroad commission number and load capacity of each wrecker to be licensed. 9. A full and complete statement of the experience, if any, the applicant has had in rendering wrecker service in the City or elsewhere. Lie f:\files\muni\slake\ordinanc\wrecker.004 (02-23-94) 4 5c - IS 1111.1 10. A list of any unpaid judgments of record against the applicant, which lists shall include the name and address of each owner of a judgment and the amount of such judgment. If the applicant is a partnership, a list shall be furnished for each partner, general or limited, owning a ten percent or more interest in the partnership. If the applicant is a corporation, a list shall be furnished for each of its officers and directors, as well as for each stockholder owning ten percent or more of the total issued capital stock. 11. A list of any convictions of the applicant for violations of any federal state and municipal laws other than traffic statutes. If the applicant is a partnership, a list shall be furnished for each individual partner, general or limited, owning ten percent or more interest in the partnership. If the applicant is a corporation, a list shall be furnished for each of its officers and directors, as well as for each stockholder owning ten percent or more of the total issued capital stock. 12. A list of any liens, mortgages or other encumbrances on the wreckers owned by the applicant for which permits are requested. Such list shall include the amount secured by each lien and mortgage or other incumbrance, the amount due, the character of such lien, or each other incumbrance, and the name and address of the holder of such lien, mortgage or other incumbrance. 13. A statement of the applicant's fees for towing and storage services, including, but not necessarily limited to the following: a. Charges for basic vehicle, truck and motorcycle tows; b. Charges for up-righting an overturned vehicle; c. Charges when the drive line must be disconnected for towing; d. Charges for changing of tires to accommodate towing; e. Charges for use of additional dolly wheels; f. Charges for any specialized equipment; g. Charges for the use of winch pulling; h. Charges for use of trailer or flat bed for hauling; and i. Daily storage fees. f:\files\muni\slake\ordinanc\wrecker.004(02-23-94) 5 sE-1e • 14. An agreement by the applicant to comply with all of the terms and conditions of this ordinance and any regulations and requirements for ( wrecker and towing services which have been promulgated by the City and the state as well as any conditions or requirements set forth in the license. 15. A telephone number to be maintained twenty-four (24) hours a day, seven (7) days a week, including holidays for contact by the Department of Public Safety. 16. Such other information as the Director of Public Safety shall find reasonably necessary to effectuate the purposes of this ordinance and to arrive at a fair determination of whether the requirements of this ordinance have been complied with. SECTION V. LICENSE ISSUANCE; FEES; PRORATION A. Upon payment of the applicable license fees, all applications for wrecker licenses shall be reviewed by the Director of Public Safety and forward to the City Secretary for filing. The City Secretary shall issue a wrecker license (1111.' to all applicants complying with the provisions of this ordinance and all regulations and requirements for wrecker and towing services which have been promulgated by the City and the state. In addition, the City Secretary shall issue permits for each wrecker to be operated by the wrecker business. Licenses shall expire on December 31st in the year in which they are issued. The license shall not be transferable and no permit shall be used on any wrecker other than the one for which it was issued. B. The annual fee for a wrecker license shall be established by the City Council by resolution. The license fee shall be prorated on a monthly basis for all licenses issued for any period less than twelve months. Such fee shall be refunded to the applicant in the event the license is refused; however, no license fees shall be refunded if the license is suspended or revoked under the provisions of this ordinance. SECTION VI. VEHICLE REQUIREMENTS A. Each wrecker for which a permit is issued shall meet the following minimum requirements: 1. Each wrecker shall not be less than 3/4 ton in size. f:\files\muni\slake\ordinanc\wrecker.004(02-23-94) 6 5E -/7 • (r/ 2. Each wrecker shall be equipped with a power take-off winch line and boom or lifting device with a factory rated capacity of not less than ten thousand (10,000) pounds single capacity. 3. Each wrecker shall carry as standard equipment safety chains, a fire extinguisher, wrecking bar, broom, axe, shovel, either flares or traffic control reflectors, a wheel dolly and a container to carry debris. 4. Each wrecker shall have inscribed on each side in letters not less than three (3) inches in height the name, address and telephone number of the wrecker business. 5. Each wrecker shall be equipped with an overhead flashing emergency light which shall be rotating and visible at a distance of fifteen hundred (1,500) feet in all directions. 6. Each wrecker shall be equipped so as to provide two-way voice communication by telephone or radio with the licensee's base station at all times. B. A person commits an offense if he operates a wrecker or uses any equipment within the City that is not in compliance with all of the requirements of this ordinance. SECTION VII. RECORD KEEPING; INSPECTION A. All licensed wrecker businesses shall maintain books and records reflecting their operation in accordance with generally accepted accounting principals as may be necessary for verification of the licensee's compliance with the terms of this ordinance. The licensee agrees to make such records available at reasonable times to any member of the Department of Public Safety upon request. B. Members of the Department of Public Safety may inspect each wrecker and/or storage facility used by the licensee at reasonable times during the application or license period to insure compliance with the requirements of this ordinance. f:\files\muni\slake\ordinanc\wrecker.004(02-23-94) 7 SECTION VIII. LICENSE DENIAL; SUSPENSION; OR REVOCATION A. The Director of Public Safety may refuse to approve the issuance or renewal of a wrecker license or may suspend or revoke a wrecker license previously issued for one or more of the following reasons: 1. The making by the applicant of any false statement or omission of information as to a material matter in an application for a license or license renewal or in a hearing concerning the license. 2. Conviction of the applicant, licensee or an employee of the applicant or licensee for a violation of a provision of this ordinance. 3. Revocation pursuant to this section of a license issued to the applicant or any owner, partner or corporate officer of the applicant within three (3) years preceding the application. 4. Conviction of the applicant or licensee of a felony, assault, fraud, burglary, theft, DWI or other offense involving moral turpitude within five (5) years preceding the application. 5. Suspension of a license on three occasions within the preceding twelve (1?111.' (12) months, more than three (3) days on each occasion. 6. Habitual failure to respond to the scene of an accident within thirty (30) minutes notification. 7. Failure to comply with any of the requirements of this ordinance. B. No license shall be suspended or revoked without notice to the licensee and an opportunity for a hearing. A licensee who receives notice of a proposed suspension or revocation may file a written request for a hearing with the Director of Public Safety within ten (10) days from the date of the notice. The Director of Public Safety shall conduct a hearing and shall thereafter determine whether to suspend or revoke the license. C. Any person who's application for a wrecker license has been denied, suspended or revoked by the Director of Public Safety shall have the right to appeal such denied, suspension or revocation to the City Manager within ten (10) calendar days after notification of such denial, suspension or revocation. The City Manager shall review the matter and may uphold, modify or reverse the denial, suspension or revocation of the wrecker license. The decision of the City Manager shall be final. f\fil \ (02-23-94) 8 es muni\slake\ordinanc\wreckerb04 S4 °ie SECTION IX. INSURANCE A. No license shall be issued by the City unless the wrecker operator shall procure and keep in full force and effect automobile liability insurance and garage keepers liability insurance or truck cargo insurance written by an insurance company authorized to do business in the State of Texas and acceptable to the City and issued in the standard form approved by the State Board of Insurance. Such policies of insurance shall require at least twenty (20) days written notice to the City of any cancellation or termination or of any material change in the terms of the insurance coverage. The insurance policies shall contain appropriate provisions to cover all wreckers and wrecker operators conducting business under the license. B. The automobile liability insurance must provide combined single limits of liability for bodily injury and property damage of not less than one hundred thousand dollars ($100,000.00) for any person killed or injured, five hundred thousand dollars ($500,000.00) for more than one person killed or injured in any one accident, and one hundred thousand dollars ($100,000.00) for property damage and theft coverage on all vehicles removed or impounded. The automobile liability insurance must also meet the minimum requirements under the laws of the State of Texas. C. The garage keepers liability insurance or tow truck cargo insurance, whichever is maintained, must provide limits of liability for any one loss of not less than fifty thousand dollars ($50,000.00). D. A copy of the required insurance policies shall be submitted to the City at the time of application for a wrecker license and a current copy of such policies shall be maintained with the City Secretary throughout the license period. SECTION X. VEHICLE REMOVAL A. No person may drive a wrecker to the scene of an accident on the streets of the City unless the person has been called to the scene by the Department of Public Safety or by the owner or operator of the vehicle. B. No vehicle, whether or not the vehicle is wrecked or disabled, for which the owner or operator of the vehicle has not given their consent to tow shall be removed by a wrecker company from its location in the City to another location without first notifying the Department of Public Safety of such intended removal and the destination of the vehicle. L f:\files\muni\slake\ordinanc\wrecker.004(02-23-94) 9 Stzo C. Any police officer, in the exercise of his discretion, may direct that any vehicle shall be taken by the driver of the wrecker directly to the City pound and there held by the City for inspection or investigation to determine the cause or reason for the accident that such vehicle was involved in or such vehicle's disability or for any lawful purpose. SECTION XL REQUIREMENTS AND OPERATING PROCEDURES FOR WRECKER SERVICE The wrecker licensee and operator shall comply with the following requirements and procedures: A. Arrive at the accident within a reasonable time after having been notified to do so. Such response time shall generally not exceed thirty (30) minutes. B. Deliver the wrecked or disabled vehicle to a location designated by the owner or operator of the vehicle or by the Department of Public Safety. C. Upon arrival at the scene of an accident, promptly clear the wreckage and debris from the traveled portion of the roadway and confine it to the smallest possible portion of the traveled roadway while removal is taking place and in a manner to minimize the duration of the interference with normal traffic flow and completely remove from the site of the accident all resulting wreckage or debris, including all broken glass, but excluding truck or vehicle cargos, before leaving the site. D. To the extent feasible, comply with all traffic regulations in removing any vehicle from the scene of an accident. Under no circumstances shall any vehicle be moved or towed in such a manner as to jeopardize the safety of other vehicles on the roadway. E. Keep and maintain wrecker vehicles and towing equipment in a safe and working condition to insure that said wrecker and equipment are adequate to perform towing services. F. Depart the scene of an accident at the request of a police officer when such wrecker has not been called to the scene in compliance with this ordinance. f:\files\muni\slake\ordinanc\wrecker.004(02-23-94) 10 54 - al SECTION XII. SOLICITATION OF WRECKER BUSINESS L, A. No person may solicit in any manner, directly or indirectly, on the streets of the City, the business of towing a vehicle which is wrecked or disabled regardless of whether the solicitation is for the purpose of soliciting business of towing, removing, repairing, storing, trading or purchasing the vehicle. B. Proof of the presence of a person engaged in the wrecker business, either as owner, operator, employee or agent, on a street in the City, at or near the scene of an accident, who has not been called to the scene by the Department of Public Safety or the owner or operator of the vehicle, within one hour after the happening of an accident is prima facia evidence of a solicitation in violation of this section. C. No police officer or other employee of the City shall recommend to any person, directly or indirectly, the name of any particular person engaged in wrecker business for which solicitation is prohibited, nor shall any police officer or other City employee attempt to influence in any manner a decision of a person in selecting a wrecker operator. SECTION XIII. WRECKER SERVICE AGREEMENT A. The City shall have the right to contract with a single wrecker service company who the City shall utilize for the towing of City vehicles or for the towing or impoundment of any vehicle made necessary in the exercise of the City's police and governmental functions. B. The City may call any wrecker company or use any wrecker in cases where the contractor is unable to respond as required by the agreement,when there exists an emergency situation or when deemed necessary by the Director of Public Safety or his authorized representative. In all cases, a report will be forwarded to the Director of Public Safety describing the circumstances involving such use. SECTION XIV. MISCELLANEOUS PROVISIONS A. Licensees shall notify the Department of Public Safety of any and all personnel changes for those persons who will operate the wrecker vehicles within ten (10) calendar days of such personnel changes and additional f:\files\muni\slake\ordinanc\wrecker.004(02-23-94) 11 ,Se -22. • (row drivers must first be approved by the Director of Public Safety prior to operating any wrecker vehicle within the City limits. B. No wrecker company shall charge more than those rates stated in the application for a wrecker license. C. The licensee shall notify the Department of Public Safety of any change in ownership of the wrecker company or any change in the number of wreckers, location of a storage facility, or any other material change in the information provided on the application for a license within ten (10) calendar days of such change. SECTION XV. CUMULATIVE CLAUSE This ordinance shall be cumulative of all provisions of ordinances 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 are hereby repealed. Ordinance No. 205 is hereby repealed in its entirety. SECTION XVI. SEVERABILITY It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are 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. f:\files\muni\slake\ordinanc\wrecker.004(02-23-94) 12 Se 3 • SECTION XVII. PENALTY 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 Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION XVIII. SAVINGS CLAUSE All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 205 or any other ordinances affecting wrecker service and the towing of vehicles which have accrued at the time of the effective (6.,, date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION XIX. PUBLICATION 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 or its caption and penalty in the official City newspaper f:\files\muni\slake\ordinanc\wrecker.004(02-23-94) 13 52q Co one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION XX. EFFECTIVE DATE 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 FIRST READING ON THIS f7 DAY OF I 1994. j.) _.40---- ..010an,wu,u,,, $0•Zv(HLA,- MAYOR c, !( <%: ATTEST: \-4 abli,11 * ** SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS /9 DAY OF (1)1141) , 1994. 4.O `�F' MAYOR �� ,-.,,,) macc cog ATTEST: e /6/114.401, 711441,1/A44—) CITY SECRETARY (iiii.. f:\files\muni\slake\ordinanc\wrecker.004 (02-23-94) 14 • APPROVED AS TO FORM AND LEGALITY: City Attorney Date: 3 -f y ADOPTED: gitt;b9 /11/ EFFECTIVE: / M, 019 f:\files\muni\slake\ordinanc\wrecker.004 02-23 15 Provide the standard charge for the following: Basic vehicle/light truck tow: $ 45.00 Irhoe Basic motorcycle tow $ 45.00 Basic heavy truck tow $ 90.00 Uprighting overturned vehicle $ 10.00 lt. duty Working time each 15 min. Drive line disconnection charge $ 10.00 Tire change to accommodate towing $ 5.00 Dolly usage $ 97 50 Trailer or flatbed hauling $ 97 50 lr_ duty Daily storage fee $ 15 nn Unlocking of vehicles (lock-jock) $ N/C if pn request Speca.alix equipment/other charges (explain for tow. rt :.w AIRBAGS 1'1:L1C�'''' �� ,;. '$ 200.00 per bx.w What is your anticipated average response time from time of call until time of arrival? 15 to 20 min. How does the vehicle owner contact you after normal business hours and on holidays? 24 hr dispatch - J Dispatcher can call me at HOME, MOBILE PHONE, RADIOS, or BEEPER As an applicant, I/we agree to comply with all of the terms and conditions of the City Ordinances and all regulations and requirements for wrecker and towing services and all other City Ordinances which have been promulgated by the City of Southlake or the State of Texas as well as any conditions or requirements set forth in the license/contract agreement. W Yes ( )No As an applicant, I/we agree to maintain books and records reflecting the business operations in accordance with generally accepted accounting principals and to make those records available to any member of the Southlake Department of Public Safety upon request. )Yes ( )No Attach proof of automobile liability insurance with combined single limits of liability for bodily injury and property damage of not less than one hundred thousand dollars ($100,000) for any person killed or injured, five hundred thousand dollars ($500,000) for more than one person killed or injured in any one accident, and on e hundred thousand dollars ($100,000) for property damage and theft coverage on all vehicles removed or impounded. (kites ( )No Attach proof of garage keepers liability insurance or tow truck cargo insurance with limits of liability for any one loss of not (60e, less than fifty thousand dollars ($50,000) . Q Yes ( )No -z'7 City of Southlake,Texas MEMORANDUM November 11, 1994 TO: Curtis E. Hawk, City Manager FROM: Shana Yelverton, Assistant City Manager SUBJECT: Charter Review Committee Recommendations Attached you will fmd recommended revisions to Southlake's charter, developed by the 1994 Southlake Charter Review Committee. The Charter Review Committee met on three separate occasions to discuss the charter and develop recommendations. At the initial October 18, 1994 meeting, the group discussed possible amendments and made a list of those items. Each committee member was then assigned the task of researching a specific item and bringing back a recommendation to the full committee. Each member of the committee did an outstanding job of examining the issues and alternatives, and taking the lead on developing subsequent recommendations. This committment from committee members, in my opinion, was the element which allowed the Committee to complete their work in such a short time frame. The final meeting resulted in approval of the attached items. As mentioned in the materials, the committee is recommending that these items be presented to Southlake voters for consideration on January 21, 1995. Members of the Committee will be presenting the recommendations at the November 15, 1994 City Council meeting. If I can answer any questions in the meantime, please let me know. /41-1 SKY C City of Southlake,Texas MEMORANDUM November 10, 1994 TO: Honorable Gary Fickes, Mayor and Members of City Council of the City of Southlake, Texas FROM: Charter Review Committee: Brad Bradley, Chairman William A. Towler, Vice Chairman Ralph Evans Carolyn Hobbs Ernest Johnson Robin Jones Karen Reynolds Bethann Scratchard Betty Springer SUBJECT: Recommended Charter Revisions We respectfully submit the attached recommended revisions to the Home Rule Charter for the City of Southlake as drafted by the Southlake Charter Review Committee. The Committee recommends Saturday, January 21, 1995, as the date on which these recommended revisions be submitted to qualified voters for adoption or rejection. We recommend these revisions to the City Council and urge the adoption of each. It is our belief that the changes will permit our City Government to operate in a more effective and satisfactory manner to the best interest of all citizens. The attached revisions will, if approved by the voters, accomplish the following: • Provide for the continued at-large election of the Mayor and City Council, while requiring the City Council members to have residency in the district to which a place member is assigned. • Provide for more appropriate scheduling of meetings and meeting length. • Require the City Council to adopt by ordinance a Code of Ethics and Conduct. • Provide the same general requirements for the Municipal Court Judge as required for the Mayor and City Council, and provide the same elective term. (re • Provide for the content and procedures for adoption and updating of the City's Master Plan. • Provide for the City Charter to be in conformity with state law. �,Q-a Honorable Mayor and Members of City Council Recommended Charter Revisions November 10, 1994 Page 2 In addition to the suggested Charter amendments attached hereto, the Committee considered other amendments that ultimately were not brought forward as recommended amendments. For example, the Committee believed it would be appropriate to consider language to limit the length of City Council meetings. However, the members decided that the agendas for City Council meetings could be more appropriately scheduled if the voters approve an amendment to allow ordinances to be considered at any special or regular meeting of the City Council; thus, the need to restrict Council meeting length through a Charter provision will be eliminated if the other amendments are approved by the voters. The Committee instead urges the City Council to take steps to officially limit, by ordinance, the length of City Council meetings. The City Charter in Section 2.09 provides that the City Council shall hold regular meetings "...at a time to be fixed by ordinance...." The Committee requests the City Council to consider a section in the ordinance which provides a prohibition similar to the following: The City Council shall not begin consideration for passage of any ordinance after the hour of 11:00 p.m., provided however, that any ordinance on which consideration has been initiated prior to 11:00 p.m. may be fmished. Any L ordinance on the agenda for a meeting that cannot be considered due to the time restriction, shall be continued to the next scheduled meeting of the City Council. The Committee recognizes that any action by the City Council regarding time limits of City Council meetings must include consideration of the case flow to and from the Planning and Zoning Commission. A special point must be made concerning the Committee's recommendation for the Code of Ethics and Conduct. The Committee believes it important to charge the City Council with the development of a code to govern all the elected and appointed officials, but left it up to the City Council to determine the actual contents of the ordinance. However, the Committee is forwarding to City Council a draft of an ordinance and recommends a similar ordinance "in its substance" be considered by City Council. Members 'f .4 e Committee will be present at the City Council meeting Tuesday, November 15, to answe a questions the City Council may have concerning these recommendations. Resp- , lly submitted, s I I Al CHARTER REVIEW COMMITTEE L . , e+r- _ l „,./ Brad Bradl:T ww William A. Towler Chairman Vice Chairman Honorable Mayor and Members of City Council Recommended Charter Revisions November 10, 1994 Page 3 Ralph vans Carolyn bbs r _Atli-1. rnest Johnso Robin .ones L \94_hel. AAAA Karen Reynolds Bethann Scratchard Lie Betty Spring L EXHIBIT A TO ORDINANCE NO.04' imp; 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 OR _' e.fi #: . . �a �' $ { . • . _ .... _ . . - - -. - . _ be hereafter platted into blocks and lots, the owner or owners of aid 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 2.01 Governing Body 411.1 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 ;a:; <AtylC aae.:{<::<::>:«< -`e} . :.or>: t :es .h ••a sl ted`{:•<:}. :fi:�iiii}}:•i}:�{}:x::.v::�•:.v:.v^C.�it/.v.�:::vi}iv}::.•..:.�:.:-::::-::::::w:n.vw:::�4:G:•}:•}%•}:^:^:w:::::::xx::::.:vvv:::n.•}:..h'•��.v'.•ti{v +/.fi�r..}.........:{{{i.lfi:}.ti{+r}:.::r {ti•}:•:{4%{•% }i:.:}:::. ...:::::::::::::.�::{ ':ti•}:::{•}%•}}i}}'..}}i:i}ii'::::.ii....iiii::::'..::::wTi::::::::.....v.:..:.:::.:.:....... .. .. •:•..•:::i-:.:.......... .... �{{d�:: '�' >:.,:.;f��• '. .,:{�-����`d:��>���.-:>�t<��:::.....:.�..;::>. ld�:s• �::.0 �'� �, • •o�:. al� :::dd�€ � •e€I w:::::.::.�::::•.....v.::{fi::•:.:./..}rr%•:{•.:v-.•................::::::::.v ................�......................\ ........ fv....................{ ..�.'v.....'..:.�:.�::::n�:::::::::::..�.......n..........�vi•}:•}:•}:::.�: aratieNrignitalegien 1` illinsf-i: :llIO all:>he:>t 1::::aroma::> f:€1;i::.�<}. ..<?: }: fed:_: o Otig€ ttai b.... ::: ,.I. :. .•..•':i::::i::i::i::::.•':''':f:`t:''isivv2::i::}:..::$::}'.:...::i...:}":isi:::{i':':E}%:i{:::isisi::::i'::::::::i::ii'":i'':"::ir:..:•Y. .. } :2 .vv::.::::.:. :...: .SI:. -�(:. �:�}.�•:.�j. :.�.(j�,:.}(:♦}�.•�,.: ::. ....LJI�• .• �:}�A+:ray:':;i::$:::i%ij':ji::i':::::.(\�'(:.._•}ham%{.�.{}:�::.�:.-::.v�{.'::.::i::v.{•{.:-}:_..:....'r:....i��1'-i'ii�::i::: ::%}•:::ii::is CTrx-:4W.t:: : ha ::beitJ4ltMiiF:'at a::Vi:-::R1�..lY.:: Io' '• rbYK•T.l:ee ::�:.ftatei'H' '' ::i: ::and State:<: a ; . ::........ .�.:;::>::ii::>:::':::..::<}}:i:;�<ii«i �:iiii�:i»:: .: ::»::<: ;:::::«:.;:>::>::<:>::><::»:«:::>•:}}::»:<::�:...k>::»:+:::>::>ii»i>':is<:: ::>-{i>ii�:i-:ii::>::is :} :.}::«:.;:i;i:::..: : iiii»::ii::>:;:i::.:.�::::;: - : :��>�};}:.:.;: .#�' �t:..�.:.shill:.k�e.:lh�t��re� c3 < et:.�;:<: f+�d�< utlt���31'>.+��f��• .::.:: �::>���. ::.::::%r%:a•."`53ii3ii:3iii:'?: ?: i: i:i:i:i: i: i:i:i"%: '": 3irSf';:<:: ::i'irr:::r"::?"::::::;$ iir.:iri:::::;;i: :C'iFi"i::ii:2iir3i:::.:::i:::::':�'�iiiii:Si-3i ::i>i:<:i::Candidate::s:::R.ewleneex::>:A::':erson:>s ll<nof::be el ' b ::as::a:>candidate:for:< :uncil ' �:: >s - l�tx�s= t �>t� �:s>fl�:e ��.e�s�Il:�:�<}�t��ld�...�f.l��:t�. ..� ..•�r '...�:••::i:=::<::i.:>::: :::.:::tr:.}:::>..>:::..}�:.:: -ii:.}::::.:.:::::::;::.'{;::iii::.}.:.:::.}..;.:{.:.<i>,.}::_;.};::i:}.>t{,.:.:�:}�:{t}fi}}..:>:::.: .}::.•::::.::..::->'=:;'..:.;::>•::::: EXHIBIT A SOUTHLAKE CITY CHARTER AMENDMENTS PAGE I } ;}:•}:J:-".:.:.}:..:..}}:YY:}}in{isY•;'r,W::�:,1.�}}:i::'..:}:S:r}}:.}'.;:n�;'rx}. ..:f-.}:}i'J:ntin'.}'.}-:nY..}�..i:�':::i:}f::�,.}'x::}KF Yj:�..}�:•:}J��i".}}::vSr,.}}.�-.4f�S•.�•:�:!.s3:....}:..n}:.:•:::::: ,_ • :v}ffi{{ f : :• ....-.:KSGf�'•.yj.•• ,.i717.•.•t.; •:{: •• :::::s: i::.• , • .:;• :;:.RiF,.IJ.�,I•:,• , ...: �.1. }f;?{:{_::}:;.JL'l,.AiR,:,IIYN,,,k.: }tv...ti}::••:..::.�w::nv:.�:::.v.�.�..;.... ..y4{••:.4:n::• i...ivn.v.M....vh..{.n.nt ...... ..xv:v::•x:rx.:::::n�::::r:w::nvn'.iw:::::::{:-::::•x v{::::::::x• .. ....:•.•.•:r•x: .v ..: ::u:.:. n}•{{:.},:.:x{••::{:y'•}:}}:: tii}n.}' .................i v:•:: -.v:•v.A:.:-h• •.::::..vv•\":i:>.:ii:;ii'i;:;`�:=�"::;:;i"::tii;iiir i}:vi:;ii:•: - : t• }.s,a,n . ice €`nthe r q t {dt rd t at l�<� ay: ' �i:3 •}:i{G:G}:•}�:•}}}}}:{•.vv:{vvx:hl:J:;'i'�n•::nJ.v}:::::.v:::nv:}::::nw:::::::.v:::.v:::::.::{-}}:J}}}:Jh:J}} •:::::SSJ}}:J:•}X::6i}}:•}i::::::•Jv.;.w:::.v:::n......v....:.....n.......n..... ..v.:::v..... rtev -ii}:J }':v:.............:.:}J:}{:ir KJ',+viJ••;fvv i•:;:•%StiIY{J:tii' :; ...... ..... :., •};. • .x: :{ .;i.{•::{..f...: ": yf^: s: ..� }ice:::... ,.. k • i.. � ,�- � E� �'r.s ��.:•�,f�• {w.hw:.};,,.:'.:::h:{:{.x•.•::J:}:}:;,tr}:.- } C ....... ...„:„...}]. x; .{hw•„.„„,.. , •:c,,,0:0i{:k.:4:4:4•;:i{•}:}:0J}h' :two}}x.x.:;iJ00. ••};,a i vy]Z>y ♦:. {it.:i,:•'i::Y:•i:?.iY' :yAr, tnYz:J :•': :T:•::�i::{:: i,.•.•�y,,i�}.�i v�• 4 51:5 .Jtf .} Rn•,i•'J}i faJ:••'a'n'K•t...zhSY`"}••iY 4.••.' jY.• ..i:f iahJr]J h i. ..a y .yf, ..,. .... yr ; . {..,, "�. f SY.0 � }:: }, wH.,"%o.r},• PIey %t WYtit ..Y..5�.•} }...x :F•+%{i n. :;::y ...h:n{y.fvv.v ,.t ]i,•nr•{{Jfy{ �RGt"tiw i1'�:v7 JtyvivJMfi v{y+{ '• iJ: N iv�{•f.4•r..........vh. .,v: his •{}vrvni�: i"} •�.:.y:.v tY�J}• n•}•:,.,.]y.:::'}� :i�}fn�. v;rJ:xa r•t:J.ry..n:JS}:f Y. • +:~•1:•�•.•��.•}:vv',}}:J:i•.ryh,.,h,x^v f}}n •}k.:h.v.,..,, kJ:•ivfn. !. {•}W:•:J}:•}}:}a:{{J:ii•:J50}h :{JY'',Y }f :'}Yeirx :h•.vxr}}.h:•:•%{'; :•ti•:}}h:uCvh.•] r.�h\•h ::4£Jhh rgttr�,x„v�Xy'`r:�;y:fv Yf, , ••, �{�.}.. ,,.tr : .iP:r r.. ..: .J:} :wYg:]wI"�C�. � f"•'.,::". •.: n••:;,'. .,:.;�<} ,�,{{ ito4. •K�.t. ..... 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Kt •rf••••Y:xYMti:ff h.x:•}}:i:{:}}. ... ef:ri _J'^'•:4X{w.i.,:5•:•iiii•: }y.\ K:.:i:x:y:YJ:atni:pyr fir f.elf::. 1;�3Y# tGf;�•::::" :hCf.,,•::•:f.•..:-:::::�:i{•h:6:i].}:•:{;J:{ii•}:-:i:.r:-:;:- : ���:::: C .:.�.�{,.......`�`........`�.�.,y..;,�• `� pc �i}i+�7�, M +j inn::�i SR}: :7�„.„„3f <::.,:::;:;;.k,;:r':.::}G::.:m:,:x..:T:,:•:.„ ,-.,•,:±.„,,,:l•.�.,,:,.t,„,„,„. 7:; • i::i••{ ii i.}:iJ:{{Jii.};....:J'i{{{i{i{�:'n��:{{J}Y+' `laces Nnmber's.;3,...�'•�:::, 's•','.'.•' 'k:'.••:". ..,,•'. {<r;:•�•``.•.••w••t•y.,.�.• 'm t2 :•}::y.:}:y;::;:::::.cy:i';;::;:::.:Y::i::t:S;'<::•::rri>::is::'•::•:i: S:y:.<;�f::;:SS•:::: .:.;_}..y 'ThyT:. .':.:.- .. .. . .. . . . :{:: .:h.,., ; .: . }::,y, ..;. ,tr{. ,:.::.rls' :, • s1.1 :} >:::�: 't:::Ik ll:::contix:ue:::#o:::hold::t'eir::;:se ts:::: rn ..�:�....................................:'::�:>}:}:r:..::::::::::::::::::::::::::: :::::: ::..��.....•.•. triMwoonoliuntil :. . .... :: : ::••:'. ": :the-':::v"terms,:x.:•b: .., h 4are i. :'ated ass .lawNumbers s `< ` s� :e1 }:. :::;:.. "::.Y.:.::.:i:::>:>.:; • for>:: ::::te:::• ;of three�:yea s:b::{ tht ::ual e t rs'of thm ty at r.' . The members of the Council shall be elected and hold effiee herein-provided• ll members of the Council, and the Mayor, shall be elected under the Place system. The elected f .. follows Nee d Pl l h ll b 1 t fl f —z-termrof wo (2) years oeginning • •ith the . (awl f --19947 EXHIBIT A SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 2 Place 2 and the Mayor shall be elected for three (3) years terms, beginning with the fegillftr-City-eleetiefl-held-efl-the-firSt-gattlfday-in-Mayi-1-991-7 Place--3-Plaee-4-and-Plaee-5-shall-be-eleeted-te-terifis-ef-three--, beginning with the regular City election held on the first Saturday in May, 1992. Upon the expiration of the above terms of the Mayor and Coundilmembers, their successors shall be elected for terms of three (3) years. All places, including Mayor, will be elected at large. Place 3, Place 4, and Place 5 shall be elected in even numbered years. Place 1, Place 2,--P-laee--6raFHE1-4he-Mayer-r shall--be--electe*1-41--the-edd--numbered--Yeafs7 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, 4994) * * * * * * 2.04 Qualifications Kait Nelati.l Each ifisNiStAtig2c:-.ipZ:Zicandidate for Mayor Or and Councilman Le member shall meet the following qualifications: (1) shall be at least twenty-one (21) years of age; (2) shall be a citizen of the United States-ef-Amerina-and-a-qualified-veter-ef-the State of Texas; (3) Shall-be a qualified voter of the City: (4) Shall-!04NMENNiave resided for at least twelve (12) months preceding the election within the corporate limits of the City; and 5 -Shall-fmt-be-in-afr-eafs-in-the payment of MOINVIVIRMAPAIN,140#0-jWilajnae41RIMINNMONAtitik0411. Nii4gligkiNNIONIMONitigP004060451%**04Meitidigintirilitt 111 04 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. * * * * * * EXHIBIT A SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 3 ,6)- 6 .(6.." 2.07 Mayor Pro Tem iiiit140641419111tOMM At the first meeting n.Lief each IL::::::::::.%.- ,:..-- -V1010117.7 '-::::::!-: 1. , •: .--40-fiew Gamic-HT or as soon thereafter as practicable, the Mayor ,josis..:...0..0....... 01014 appoint one of the Councilmen MN),-with-the-appreval-ef-the-C-euneih as Mayor Pro Tem Maior who shall hold Zirii!..1 offices for one year. The Mayor Pro Tem shall perform the duties of Mayor in case of the absence or disability of the Mayor, and if a vacancy shall occur in the office of Mayor, shall become Mayer-until4be-next-r-egular-eleetien. In case of absence or disability of both the Mayor and remaining Council . the Mayor Pro Tern, the ENO] Mayor Pro Tern gliall:...„,.,,.. .4*. 1._.....w.,:,,,,,.,..., 11::.......::,....<4...„....:„.. -..: •-•*---- 2.08 Vacancies; Forfeiture of Office; Filling of Vacancies (a) Vacancies. The office of a Councilman grain shall become vacant upon the .eniiintalOti-his death, resignation, removal from office (in any manner authorized by „:„......,:„...:„.„:„.:„.............,:„...:4„:„ law), or forfeiture of-his office. (b) Forfeiture of Office. 641§14):;410#0100:::... -eieeted-effiejai shall forfeit his RON office if UMW WititiOtaillilltititiSiatiaterafil4ie C (1) lacks-at-any-t-ime-eluring-his-tecm-ef-effiee any qualification for the office prescribed by this charter or by ENO 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 glWrgagailblift iligitifiNtlittifeffiniiiiiMiNa In the event of a vacancy occurring in the Council, except for the position of Mayor, from any-c-ause-whatseeveri 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 theme 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 the said month at a time to be fixed by ordinance for such regular meetings, unless tfii such dates fall on a regularly observed City holiday, provided that the EXHIBIT A SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 4 the Council may establish as many additional regular meetings during t 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 O Open Meetings Ac Y �` �c +...t�tt tuG b. .$ i a, I � � �`�yk3 .<rf �r.,'"�9ra# k��s;�:1��.x.•f t`'�.��C�3.ti ..k"" :ai#id Article 6252 17 of Vernon'. Annotated Texas. Civil Statute.. ���:� , and shall be held at the City Hall, except that the Council may designate another place for such 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 theme meeting and if purpose-thereof. Only matters set forth in an agenda posted in accordance with the Open Meetings Act, >.:v.., >, } ',, ::, ::.::;;>.,:<::n. :-,Ar-tiele6�7 of Verne ' .Civil Statutes shall be considered. 2.11 Rules of the Council; Minutes and Procedures Fie 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 ir provide. The Council shall provide for minutes being taken and recorded for all meetings, 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 Eiligisoggi 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. 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` exas Open Meetings Act, Chapter.551, Government Code, :e 6's Texas des Annotated Article 6252 17 of the Revised-Civil-St-atut-es-ef-Texas. C EXHIBIT A SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 5 (6,,, . fiy w a•.}:•.,i,,,":. 4�.,l : . •T.t: TA M1 yTik S :Y 4 + „4A �y k J, }} u tky;::•.;Sy",k}f v• ,:#' .'to, yw: y.} ..,.x:. T;}�•' wx;', • pm }} t _. # _ # # b t} S�• 88 �8 • % nv} Kvt , A •, }. , : ,•n1:.. ` yx•}:y.- CHAPTER III RESPONSIBILITIES OF THE CITY COUNCIL * * * 3.11 Action Requiring an Ordinance in The Council shall legislate byordinance. In addition to other acts required bylaw l� 9 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 (...- 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 • (.., Acts other than those referred to in the preceding sentence may be done either by resolution or ::»>:T.;::.:.:::::: :::>;::::�-::x::<:.;;<t:: .::••;::>.}?::::::«;::;.':;::;:<: ->::T:::r$:;:T< ordinance, minute order. ` poom •:::•S'.::>' :.�.�.•:.•:o3(-:• , 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 Ted Open NSW figs` e`�.`•:F::Y�••'y ..ti-�..... 'iir2'.;:t�i-:..::��: ......{�ti.r' .; � Meetings Act, N ' We •m . . . .....:...:. . . e 6252 1'7 o f the Devised Civil Statue.. of Texas 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 NI 3.11 of 5 Charter for the City, shall be co£. jk {* ' feed in open meetings of the Council Weft two (2) separate Council meetings 'd of which shall be a regular meeting , . The City Secretary shall publish the proposed ordinance or its caption and penalty together with a notice setting Cout the time and place for a public hearing thereon and for its consideration by the Council at least ten (10) days before the second iwg € <; t NMi [ ?F 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 hereinbefore 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 iii 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 byt -sh 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 Council shall be filed 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 standing-and licensed to practice in the State of Texas and must meet all other qualifications established by '. i , toucee. The Judge shall serve for a e C}}is'}}. r. :i8.v}:kL}:•k•••:v%vi}:•i 4.. N.C\ti•.t+:}VP4+.'•. ]CWJh$C•}:4:] -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 C' PLANNING AND ZONING * * * * * * 11.06 The Master Plan 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. The Master Plan for the physical development of the City shall contain the Commission's recommendations for growth, development and beautification of the City wattetteeto ti€ oSfirtzEtaattst^iwoiswmnaogfd>ahswCi::>thewe; fhpaf . .sw....... _:.ese c : _:`> 'rents: :. : :::::: :: : : :::::::::::::::: :. ::::::.:.ice...: > o of a da se>``Ia `<_> it. -w:de:;tra l:< aster:< :l EXHIBIT A SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 8 ..::•}>y1+: :}: .;:;.y: j {,:d :;. 3 (Fe :::F:.%•}h::%vv:.w:::nw:.viw:.,vv.:w:u::w::::.vs.vsvvw::::v.:vnv:::4:•}:•}::}:•:::Z W{{{{tt{t.::tttt{{.}:{t{tt.:tt.:;.:.:.:.:{{{{t{;t;:i::;t{{:iiNNr 4.30.:.w ry:;'?ff'a.Y:.;';}:,+:h,; .oi{,.:::s:••%:'r;f.;fav:.;:};dcPF:};<}}./, 2::'•:•:•:;}', •:h• Y s: + {a: {o�Fs. �� � +v `r `�'� �p� +{�� y1 f{''r'+•}:;•:•v:\ .'.j;ffP%%;a•'�f>�f �Y�}:::v{?;{}i'•.yr{r'S`rr:;r�r :$�:y • Jwn�: :Y�t .u•.} 4 :T h'.}? ' '�{�,"...a'.`..v. t a ••'•'h+•.ti':,114u:.•a1 „.... {`<tt.*„..•f.': .{.,. . %.,:' F EE B: afiariffity • }},r},: J Oh h• 3}MRv:w}n-0Ji4�iJ.v}4.v:::v.:A• %;nv:w4:vif%v:�Wvr}w}}:::}w:.v%v}ww �;��C•}h}ri}i}}:%fi r �:{•}}••gale ant •�•w:•%;+:%:+::sYi:::+s:•%a:•r:::{.;:{a: wnwss::.s:}G:iin} . ss}+': CIS '•.�.",' "-` }17.F»S '6 )f A copy of the Master Plan, or any part thereof, shall be forwarded to the t.:%' :'ft>•:.}:}yv.,wCLt'3.•.i.•t�:`l?:F>`Yr'>x%',2"'.w':i+Y':`..`?R.:?2:2 �fY.+Y;:22?7?tY+%",;:•{�?:>�}.".+,�%r3:S•<:�••hY,:;rr2�?hw.:.:t.2 `••n 7. .e h 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. , a6�• }IViS. . �hJhhQrf v O � TT�*?1i : : :�r .� fR6 C !: nv :a dse :.•e twnaii % m lmiiY i:stool NNW •:::is•:::ii:;i::t:ii":.: .:.....}.•...:..:..h;...}.}....}.n.. ..}}}}...........................: .... tc T: . Ei ..itil ir:::<:sha :::>::b ::::r' >d ti1 :: liir::: kte&din :: views::::in:::>i o a :-•%•{.' .:<M ................................. ................................... .<e::<::<:: er:>each»::: :Ogf r':::>he:<::: to :. :.'•<:::>and:::<:- :-: .w ill}}. st :::>:::: :a:f:>::eit :>:}u > : : ::::it r cmn3:enda:tkrrxts:f ;:u: dat: • : e:cctn o•�`e : : orrsha sub..:..it>a:iatte ?c-.:....: ..•:..._....: <:::•: :>:1-r:. .iw:::wad::::accom hs : 110 de axin'•: hat t'l r :e i < : iito. '�.:�:..;r:r`: 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. C EXHIBIT A SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 9 CO,S%, 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 Tern, 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 2.131? 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? 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 (h.e. 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? C Ivo- City of Southlake,Texas AGENDA ITEM II 6-B iiihibv MEMORANDUM November 10, 1994 TO: Honorable Gary Fickes, Mayor and Members of City Council of the City of Southlake, Texas FROM:C Charter Review Committee: Brad Bradley, Chairman William A. Towler, Vice Chairman Ralph Evans Carolyn Hobbs Ernest Johnson Robin Jones I Karen Reynolds Bethann Scratchard Betty Springer SUBJECT: Recommended Charter Revisions I We respectfully submit the attached recommended revisions to the Home Rule Charter for the L .aw City of Southlake as drafted by the Southlake Charter Review Committee. The Committee recommends Saturday, January 21, 1995, as the date on which these Irecommended revisions be submitted to qualified voters for adoption or rejection. We recommend these revisions to the City Council and urge the adoption of each. It is our belief C that the changes will permit our City Government to operate in a more effective and satisfactory manner to the best interest of all citizens. The attached revisions will, if approved by the voters, accomplish the following: I • Provide for the continued at-large election of the Mayor and City Council, while requiring the City Council members to have residency in the district to which a place member is assigned. • Provide for more appropriate scheduling of meetings and meeting length. • Require the City Council to adopt by ordinance a Code of Ethics and Conduct. C • Provide the same general requirements for the Municipal Court Judge as required for the Mayor and City Council, and provide the same elective term. kir • Provide for the content and procedures for adoption and updating of the City's Master Plan. • Provide for the City Charter to be in conformity with state law. 000 Honorable Mayor and Members of City Council Recommended Charter Revisions November 10, 1994 cop: Page 2 attached hereto,addition to the suggested Charter amendments the Committee considered other amendments that ultimately were not brought forward as recommended amendments. For example, the Committee believed it would be appropriate to consider language to limit the length of City Council meetings. However, the members decided that the agendas for City Council meetings could be more appropriately scheduled if the voters approve an amendment to allow ordinances to be considered at any special or regular meeting of the City Council; thus, the need to restrict Council meeting length through a Charter provision will be eliminated if the other amendments are approved by the voters. The Committee instead urges the City Council to take steps to officially limit, by ordinance, the length of City Council meetings. The City Charter in Section 2.09 provides that the City Council shall hold regular meetings "...at a time to be fixed by ordinance...." The Committee requests the City Council to consider a section in the ordinance which provides a prohibition similar to the following: The City Council shall not begin consideration for passage of any ordinance after the hour of 11:00 p.m., provided however, that any ordinance on which consideration has been initiated prior to 11:00 p.m. may be finished. Any < ordinance on the agenda for a meeting that cannot be considered due to the time L4w restriction, shall be continued to the next scheduled meeting of the City Council. The Committee recognizes that any action by the City Council regarding time limits of City Council meetings must include consideration of the case flow to and from the Planning and Zoning Commission. A special point must be made concerning the Committee's recommendation for the Code of Ethics and Conduct. The Committee believes it important to charge the City Council with the development of a code to govern all the elected and appointed officials, but left it up to the City Council to determine the actual contents of the ordinance. However, the Committee is forwarding to City Council a draft of an ordinance and recommends a similar ordinance "in its substance" be considered by City Council. Members %f i e Committee will be present at the City Council meeting Tuesday, November 15, to answe. a questions the City Council may have concerning these recommendations. Resp. ry lly submitted, S i I 1 A' CHARTER REVIEW COMMITTEE Brad Bradlilr w William A. Towler of Chairman Vice Chairman 1167.00. Honorable Mayor and Members of City Council Recommended Charter Revisions November 10, 1994 Page 3 ii#4,441J Ralph vans Carolyn bbs p rnest Johnso Robin ,ones \ieedadidt . Karen Reynolds Bethann Scratchard Betty Spring Liar C C C C C7 CO i 8A2 f 8A9. 8A9A I ' I 1 8811 8A15 BALD w_ 1-- — A----- ---•-J NOZ-1'Il I ! I i C_ 8a! H ' Ne4- 4, s,-a.le. — — 8818 Q Z 99 ' 1 C7 1' I Q j/ \ \ / 1-.),:i .. p(.11 ilL ' sr a I ruTUKE VS 'N , \ I? ttiST.,TrarS7 I GIOf�1` ii?\C - seota PEE / �Ui11Ilr][--1.-L- F I 1 I .:' -L - ft -1 E j;...........• ,,,, , I_____, ii I , .- 7 E / ' co ilt, , ,... cP '''''' ,- 1 ,,, . o� 0 ‘, s, a,.. 1' L_ - 1 r` /j��j' �i:. O clsD R 21 _ I �/j �.„ 0 13 6uiutt I ['-\— PI Milt ( `/�1, _-. i I W 0 GISD 1•1ID0.1 S4•11001 eY.sT�.a�rtrS I I cc a. 5,00o s.r. 1 IA3 ' 11A ---- 9F-r- 11A2A i t I 9 I I I I I I 1 I I I t - - I I I I I I I I I I i . 1 1 I I 1 I I I I I 11A2. CHAPEL DOWNS DRIVE WEST �— t.. I I I • AGENDA ITEM #10-B i• City of Southlake,Texas 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 C Adams Engineering has requested these variances to the Sign Ordinance for the Wal-Mart store II 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 Cvariances 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 LABY 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 II 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 C • 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 Lo, height. The request states "a monument sign adhering to the sign ordinance would be disproportionately small." They further state they are asking for this sign in lieu of the C /0 g_, L de rholiw 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. 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. Lir BW/sm Attachments wpfiles\memos\walmart C /off- i