1996-11-19 CC PacketCity of Southlake, Texas
MEMORANDUM
November 15, 1996
TO: Honorable Mayor and Members of City Council
FROM: Shana K. Yelverton, Assistant City Manager
SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting
November 19, 1996
1. Agenda Item No. 4B. City Manager's Report. Normally, the financial report is included
in your packet for the second meeting of the month. However, the October report will not
be ready until the first meeting in December. This is due to the time it takes to close the
books for the fiscal year. For the past several years, we have had to delay the report due
to preparation for the audit. If you have any questions, please feel free to contact Director
of Finance Lou Ann Heath.
i
2. Agenda Item No. 5A. Excuse the absences of Planning and Zoning Commission
Chairman Joe Wright. The Home Rule Charter, Section 11.03, "The Planning and Zoning
Commission," requires members to forfeit their office if they fail to attend two consecutive
regular meetings of the Commission without being excused by the City Council.
Commission Chairman Joe Wright missed the October 17 regular meeting (out of town)
and the November 7 regular meeting (emergency surgery), which is why this item has
been placed on the agenda for your consideration. FYI, we understand that Joe has been
back at work since Monday and is doing very well. He was at the P&Z continuation
meeting Thursday night.
In case you look in your current copy of the Home Rule Charter for this requirement, you
will not find it. We just realized that the reprinted Charter (after the January 1995 charter
election) has inadvertently omitted this sentence, which probably not coincidentally, was
one of two paragraphs that had to be corrected by the printer when the charter was
reprinted after the 1991 charter election. We will correct this problem soon.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
November 14, 1996
Page 2
3. Agenda Item No. 5B. Authorize the City Manager to execute a Professional Services
Agreement with Cheatham and Associates for the design of water system improvements
consisting of an extension of a 20" water line along North White Chapel Blvd. and across
private property to T.W. King Road. As noted in the memo from Ron Harper, City
Engineer, this item was included in the budget as a capital project for 1997. The line will
connect the ground storage tanks on T.W. King currently under design, to the elevated
water tower on North White Chapel at Dove Road. Feel free to contact Bob Whitehead,
Director of Public Works, or Ron Harper, City Engineer, with any questions you may
have about this line, the ground storage tanks or other related issues.
4. Agenda Item No. 5C. Authorize the City Manager to execute a Professional Services
Agreement with Cheatham and Associates for the design of sewer system improvements
consisting of an extension of a 12" sewer line along West Dove Street from Lonesome
Dove Avenue to the future extension of Kirkwood Blvd. Although the diversionary
agreement with the Trinity River Authority was recently extended, the City must continue
its progress for getting these flows out of the Big Bear Creek Interceptor and into the
Denton Creek Pressure System. This line will tie into the DCPS and move us one step
closer to completing the conversion. Bob or Ron will be happy to answer any questions
you may have about this portion of our sewer system.
5. Agenda Item No. 5D. Authorize the Citv Manager to amend the Professional Services
Agreement with Cheatham and Associates for nrenaration of plans for sewer to include
preparation of pavement reconstruction plans in Diamond Circle Estates. The memo from
Bob Whitehead clearly documents the issues with this item, which we have discussed
previously. The fee for providing the additional services totals $15,000, which includes
the engineering and surveying.
6. Agenda Item No. 5E. Authorize the Mayor to Execute an Interlocal Cooperation
Agreement with the North Texas GIS Consortium for Geographic Data Acquisition and
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
November 14, 1996
Page 3
Maintenance with the City of Southlake. When the City of Southlake implemented its
geographic information system, an agreement was signed with the North Texas GIS
Consortium which provided for the use of a region -wide digital database. This item
simply provides the mechanism for the City of Southlake to obtain the first update of
geographic data needed for an effective geographic information system. The growth we
have experienced dictates that we obtain these updates to ensure that our maps are current.
Please contact Ron Harper at extension 779 if you have any questions about this agreement
or the GIS program.
7. Agenda Item No. 5F. Award of bid for police cars. Director Campbell's memo outlines
the reasons we decided to bid out the police pursuit and utility vehicles, and also notes the
C arrangement with the City of Forest Hill for the purchase of one of the pursuit vehicles.
The City Attorney has drafted an interlocal agreement for this purchase, but it will not
come before you until the Forest Hill City Council has approved the interlocal agreement.
The agreement will come to you before we place the order for the vehicle. We are under
no commitment with Classic Chevrolet to take the third car should anything unforseen
cause the interlocal agreement not to happen.
As noted in Director Campbell's memo, the bid is within the budgeted amount.
8. Agenda Item Nos. 7A. 7B. and 7C. Park Master Plans. The issues surrounding the
development of these plans have been well documented, but the plans coming forward are
acceptable to the Park Board and most neighborhood residents. The P&Z Commission has
also approved the plans. The memos from Kim Lenoir and the attached minutes from the
meetings where the plans were approved, list the issues and the compromises reached for
each plan. Note that, due to its size, the Parks, Recreation and Open Space Master Plan
is included in the pocket of your packet binder.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
November 14, 1996
Page 4
There are issues which may still be raised during the Council meeting however. One is
related to the acquisition of certain tracts of land, as previously discussed with Council.
We plan to address this issue again during the Executive Session.
The second issue is related to the trails on Corps of Engineer property. As you know,
equestrians and some of the residents were strongly opposed to the inclusion of concrete
hike and bike trails on COE property. The compromise was to indicate in the Bob Jones
Park plan that the trail would be a soft surface hiking trail. Some residents, however,
have asked the Park Board to remove the trail designation in this area from the Trail
System Master Plan. During Monday's Park Board meeting, the Board did not vote to
remove it, since the Trail System Master Plan states that trail design will occur during the
C park master planning stage, and this is the appropriate time to address design concerns.
You may be hearing more about this during the public hearing.
Finally, although the Park Board recommended a northern access point into the park, the
P&Z Commission removed this roadway from the plan.
Note that a GIS map showing infrastructure improvements in the northern area of town
since annexation is attached to this memo. We have been hearing some complaints from
neighborhoods residents that the city has not made infrastructure improvements since
annexation. This map shows improvements that have been made, FYI.
9. Agenda Item No. 7D, Solicitation: and Item No. 7E. Handbills. We have requested that
you table these two items because the City Attorney is still researching the issue of "non-
profit" and "for profit" organizations as you had requested. In addition, Councilmember
Fawks will not be at this meeting and he has expressed interest in being a part of the
discussion concerning handbills. As Director Campbell notes, we feel we will be better
prepared to address your issues by the December 3, 1996 meeting. In his memo to you
last Council meeting, City Manager Curtis Hawk noted the main reason we are bringing
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
November 14, 1996
Page 5
the solicitation ordinance to you at this time is to address the potential problem with street
vendors that we are likely to see on race days along our roadways related to events at the
Texas International Raceway.
10. Agenda Item No. 7F. 2nd Reading. Ordinance No. 667. GTE Franchise Ordinance The
ordinance in your packet is the same one as last City Council meeting. It is the City
Attorney's opinion that the franchise agreement is a direct result of the settlement
agreement with GTE. As such, if the ordinance is not passed as written, it could
potentially result in GTE's refusal to sign the new franchise agreement and could put us
back in litigation with GTE. The attorneys will be prepared to discuss this with you
during Executive Session.
C In our packet, you will find a co of the handout you received last week showing
Y P � Y PY Y g
revenues that would be generated at various access line rates. In addition, you requested
a survey of other cities involved in the GTE settlement regarding the access line rates they
were adopting. Those survey results are also attached. You will notice that most of the
cities have adopted the maximum access line charges of $1.42/month residential, and
$2.00/month commercial.
11. Agenda Item No. 7G. ZA 96-138, Site _Plan _for Kineslev Place. An Assisted Livin
Facility, located on the east side of N. Peytonville Ave.. and north of the intersection of
Peytonville and W. Southlake Blvd. The Commission recommended denial of this
submittal 7-0. The applicant has requested that this item be tabled until your meeting on
December 3, 1996.
12. Agenda Item No. 8A. 1st Reading. Ordinance No. 480-219, ZA 96-124. Rezoning and
Concept Plan for Crestwood Office Park, located on the northwest corner of N. Carroll
Ave.. and Southlake Blvd. Current zoning is AG with a re u�d zoning of S-P-2 with
0-1 uses. There is generally no opposition to this request. Mr. Strunck is noted as being
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
November 14, 1996
Page 6
opposed in the staff report, however he verbalized at the P&Z meeting that Mr. McMahan
had resolved his concerns. The Planning and Zoning Commission recommended approval
4-2 with the dissenting commissioners being opposed due to the fact that the Land Use
Plan shows Medium Density Residential for this area. The commission included several
modifications as noted in the staff report. The applicant submitted a revised plan dated
November 11, 1996, which includes some but not all of the commissions'
recommendations. The staff review is based on the ordinance requirements so you will
need to make sure your motion includes the other P&Z recommendations, if this is your
intention. Feel free to contact Greg Last or Dennis Killough if you have any questions
regarding this application.
C 13. Agenda Item No. 8B. ZA 96-144, Plat Revision for the proposed Lots 1R and 2R, Block
1. Lake Crest Addition. This plat is a result of an ordinance issue that staff has raised in
the past. The issue is the requirement related to "front yards" within the zoning
ordinance. This issue continuously creates problems for staff and the Zoning Board of
Adjustment. The problem is too complicated to describe succinctly in this memo. If you
would like more elaboration, feel free to call Karen Gandy. Pertaining to the plat revision
before you, there are no problems with the submittal. The Commission recommended
approval 6-0 deleting the requirement for a 35' building line along Lake Crest Drive and
allowing the 15' building line as submitted.
14. Agenda Item 10A. Commercial Developers Agreement with Heritaee Industrial Park
Block A. located at S.H. 26 and East Continental Boulevard. You may recall the
presentation that was made at the May 21, 1996 City Council meeting, regarding Trammel
Crow's desire to develop this industrial park, of which approximately 17.8 acres is located
in Southlake. The remaining 70+ acres of the industrial park are located within the City
of Grapevine.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
November 14, 1996
Page 7
This developer's agreement contains a number of items which will require discussion, as
noted in Bob Whitehead's memo. As he points out, the developer is not in complete
agreement with staff's position on some of the items and plans to discuss these with
Council.
A few points are worth noting:
1) The 12" water line included as a portion of this development is a critical item for the
City of Southlake. We need this line to loop the system in the industrial park to provide
adequate pressure and fire flows in the area. Whether we do this now or later, our water
system will require this line to ensure the integrity of the system.
C 2 The Continental Boulevard extension to Highway 26 is art of our capital
g Y a P P
improvement plan, and staff anticipates coming to you with a request in the next budget
year to build it to provide for traffic movement in our City by relieving some of the
"congestion" on FM 1709. We anticipate that we are two years away from constructing
this roadway. Bob has pointed out that with this developer's agreement that we are
proposing to pay 1/3 of the cost, with Trammel Crow (who owns the property on both
sides of the proposed ROW) assuming the remaining 2/3 of the cost.
3) If the City were to build the Continental extension to Highway 26, the signalization and
other improvements would have to be completed as part of the project. You will note that
the developer is recommending that we split the cost 50150. In spite of any future
obligation we may have on this issue, we are recommending that our maximum
participation be 50 % . The argument could conceivably be made that the developer should
bear the entire cost of the Hwy. 26 improvements, but given our negotiations on the water
and Continental issues, you may wish to take a position to address any equity issues. We
can discuss this further on Tuesday evening.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
November 14, 1996
Page 8
15. Agenda Item No. 10B. Prioritization of project requests. Attached you will find a memo
from Greg Last with the scheduled priorities as determined by Council. There are two
versions of the same information, one sorted by the City Council rankings and the other
sorted by the date we expect the item's scheduled appearance before City Council. We
can sort these however you would like if you need the information in a different format.
Please let me or Greg Last know your requirements as soon as possible.
Although it appears that the scheduled appearance before City Council does not relate to
the item's relative importance, it falls out this way because of a number of reasons that we
have mentioned to you before. First, some of the items that will be coming to you soon
require relatively little staff time or we are already far enough along in the process that we
would like to finish it and bring it to you for consideration. Secondly, now that we have
a clearer idea of your priorities, we can perhaps adjust some of these scheduled _appearance
dates by reallocating staff resources or other means. This should result in the two lists
tracking each other more closely.
As I am sure you are aware, this priority list will help staff concentrate on those items you
feel are most important to the City, but you should also remember that it is a "snapshot"
in time. As the City grows and evolves, some things that we may not have even
considered important will suddenly become high priority and others may become less
important.
16. Agenda Item No. 10C. Authorize the City Manager to execute a Professional Services
Agreement with Wiss. Janney, Elstner Associates. Inc. for the preparation of plans and
specifications for pavement remediation. We have discussed pavement distress for many
months. This item will provide you an opportunity to act on the recommendations of the
consultants. As noted in the memo from Bob Whitehead, these recommendations include:
develop an updated assessment of street conditions
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
November 14, 1996
Page 9
develop plans and refine the specifications, based on current pavement
conditions
solicit bids from qualified contractors to perform the necessary work.
As noted in the proposal, the cost of this consulting work is estimated at approximately
It is worth noting that the pavement failures in Southlake extend to areas of town other
than Timarron. We have noted limited failures in the Southview, Stone Lakes,
Timberlakes, Southridge Lakes, and Myers Meadow subdivisions. We have also noted
failures in Continental Park Estates, which has asphalt streets, and on Kirkwood
Boulevard.
i
We strongly encourage the Council to approve this professional services agreement so that
we can begin the process of street repair. However, we recognize that you may still wish
to discuss funding issues. We believe we can proceed with this agreement and continue
to discuss repair funding. Note that $600,000 was included in the budget to pay for
repairs.
Please call Bob Whitehead with any questions you may have.
OTHER ITEMS OF INTEREST
17. P&Z Minutes. The P&Z minutes that are in your packet are the minutes from the regular
meeting on 11/7/96. The minutes from the continuation meeting on 11/14/96 have not
been started. Agenda items 8A (96-124) and 8B (96-144) before you are included in the
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
November 14, 1996
Page 10
minutes, but item 7G (96-138) is not. As noted in paragraph #11 above, the applicant has
requested that this be tabled to your next meeting. The P&Z minutes regarding this item
will be given to you prior to your consideration of that item.
18. Master Thoroughfare Plan Update, The Planning and Zoning Commission will hold a
public hearing on the Master Thoroughfare Plan Update at their meeting on November 12,
1996. There was a SPIN sponsored meeting to present the draft MTP on October 29. The
meeting was well attended and there were various items discussed as it pertained to the
recommendations of the Commission. (FYI, this presentation was video taped by Carroll
High School students and will be played on Harron Channel 25.)
In general there seemed to be acceptance of the recommendations. There were questions
C regarding the need for a 5-lane section along 1 n g g on a o g portions of Continental and South White
Chapel. Staff has received very little in the way of written responses regarding the plan.
Sherry Berman has distributed a letter entitled "Do you want 1709 in your backyard?".
Staff is preparing a summary of factual issues related to the points she has raised and we
will forward this to you as soon as possible. Please feel free to contact Tom Elgin at ext.
753 or Greg Last if you have questions on the MTP update.
19. Use of Collection Agency for Citations. Municipal Judge Brad Bradley and City Manager
Curtis Hawk have discussed the possibility of using a collection agency to assist with the
collection of fines for citations issued in the City of Southlake and accepting credit cards
for payments. Staff is currently discussing the idea, and we plan to bring this issue to you
in the near future. If you have questions in the meantime, please feel free to contact Lou
Ann Heath, Director of Finance, at extension 716.
20. Complaint Tracking System Update. As you recall, we contracted with LeBlanc and
Associates, our MIS consultant, to design a customized database for tracking and
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
�\ November 14, 1996
Page 11
responding to citizens' requests for assistance. Our three main goals in developing this
system were:
(1) Track open action items related to citizen complaints and requests for
assistance, and inform the citizen that their request had been received and that
action was being taken;
(2) minimize duplication of databases and paper tracking systems, including
dispatcher -generated MIRs maintained on DPS computers, code violations tracked
on the Code Enforcement Officer's PC, work orders generated by Public Works,
citizen calls to the Action Line, and citizen calls directly to the City Manager's
office or other departments;
(3) minimize the impact on staff time in relation to filling out forms, entering
information into databases, preparing reports, etc., by utilizing readily available
data from multiple sources and ensuring a common set of data is shared by all
departments.
At this point, we have a "draft" version of the software installed on selected computers
for the purpose of field testing its features and data entry process. This version is not a
completed system yet, but it does include several standardized "drop down" data lists
(such as an address list which includes resident name, street number and street name, and
telephone number). The compilation and validation of the address data list alone has taken
several weeks, but we believe that the quality of the data was worth the delay. A standard
list will make data retrieval, sorting and reporting much more accurate.
We intend to have the system functioning and staff trained to use it by the beginning of
1997. If you have any questions, please feel free to call Kevin Hugman, Assistant to the
City Manager.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
November 14, 1996
Page 12
21. SH 114 Update, On Tuesday, November 12, City Manager Curtis Hawk, Public Works
Director Bob Whitehead, Mayor Ed Baker of Colleyville, and Larry Cain, a representative
of the Perot Group, met with Dallas District Engineer Jay Nelson of the Texas Department
of Transportation, to discuss the status of SH 114 funding. Their purpose in meeting was
simply to ensure that the approved funding and construction plans stay on track. On
Monday, November 18, Curtis and Bob will also meet with Wes Heald, Fort Worth
District Engineer, for the same reasons.
22. Traffic Light at Village Center Drive. During the discussion at last City Council meeting,
we said that the State would not activate the signal at Village Center Drive until traffic
warrants met the necessary volume of traffic. We have since been informed by TxDOT
Cthat on October 30, 1996, they installed traffic counters in the southbound lanes of Village
Center Drive to determine if the traffic volumes met the warrants necessary to allow the
signal to be fully operational.
The traffic counts resulted in a total of 1274 vehicles in a 24 hour period in the southbound
lanes (from SH 114 towards FM 1709). The one hour peak, occurring from 5:15 p.m. to
6:15 p.m., totaled 189 vehicles (approximately one every 20 seconds), and the evening
peak (over a three hour span) was between 3:30 p.m. and 6:30 p.m., and totaled 462
vehicles.
According to Roy Parikh, TxDOT Traffic Engineer, these traffic counts are sufficient to
warrant a fully operational traffic signal. They plan to make this signal fully operational
on Thursday, November 21, 1996.
U, We conducted our own traffic counts this week but do not have the results yet.
23. Update on Ruetlinger Drainage Easement. We should have the appraisal report next week
and will brief you in executive session if we have received it in time.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
November 14, 1996
Page 13
24. Public Works Facility (Old Me-Mo Building) The "new" building has been extensively
remodeled by Public Works personnel and looks great! Water and Wastewater Utilities,
Streets, Construction Inspections, and Public Works Engineering began moving into the
facility on Friday, November 1. As yet, they still do not have a phone system installed
due to a delay by GTE in getting new telephone lines laid to that area of the City. The
existing GTE lines did not have sufficient capacity because of the new residential
developments nearby. Lines have been installed as of today, and the telephone system
should be operational by next Tuesday, November 19. In the meantime, personnel in the
new facility have relied on radios and a single phone line installed for the SCADA system.
The buildings in back of City Hall vacated by Public Works personnel, have already been
C taken over by DPS and Community Development personnel. We still have a few more
office moves to make to fully utilize our available space, but hopefully these will be the
last until a new City Hall is built.
25. Joint City Council/Park Board Meeting A joint meeting has been set by the Parks Board
for Monday, December 9, 1996 at 7:00 p.m. in the Council Chamber. The Joint
Utilization Committee has also been invited to attend.
Councilmembers Fawks, Harris, and Martin have conflicts with this date due to plans to
attend the National League of Cities Conference December 7-10, 1996. We will work
with the Park Board to determine if there is another date that would be more convenient
for everyone. We will keep you posted.
26. Park Board Activities. The Park Board met Monday evening and discussed a variety of
issues. Since time has not permitted preparation of the minutes, some of the highlights are
listed below:
❖ The Board took no action on removing the hike and bike trails from the
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
November 14, 1996
Page 14
Corps of Engineers property in the Trail System Master Plan. The Board
felt that it was not necessary since the plan does not specify design of the
trails --rather, design specifications are part of the Bob Jones Park Master
Plan.
❖ The Board agreed to reconsider the fencing for the south side of the Fox
Hollow Equestrian Trail during the next budget process. The Board
believes that the trail and fence that currently exist are what the
neighborhood wanted, and that any additional improvements are more
appropriately considered during budget deliberations.
❖ At the request of the SPDC, the Board will look at making
C recommendations for Phase II construction at Bicentennial Park and Pha
se
I construction at Bob Jones Park. Ronnie Kendall will be getting back with
residents to follow up on the Bob Jones Park plans. Some neighbors are
planning to go to the Texas Parks and Wildlife Department meeting to
support the grant request.
Please feel free to contact Parks and Recreation Director Kim Lenoir at ext. 757 if you
have a question about any particular item.
On a related topic as requested, City Manager Curtis Hawk sent a letter (copy attached to
my memo) to Rod Johnson, Park Board chair, regarding his residency status.
27. Metroport Teen Court Advisory Committee Dinner. FYI, the Metroport Teen Court
Advisory Committee met with area judges, superintendents and city managers Tuesday
evening. The purpose of the dinner was to facilitate communication between the
participating cities, as well as to express appreciation to the Advisory Committee. Special
thanks to David Harris, who serves as the Southlake City Council representative on the
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
November 14, 1996
Page 15
board and to Sean Leonard, Teen Court Coordinator, for organizing this productive event.
28. Special Newsletter. Watch the mailbox for the upcoming special edition of Southlake in
Review. It went to the printer Tuesday, November 11.
Also, you may have noticed that we aired the first taped Council meeting on Tuesday and
Thursday night. If you missed it, an additional airing of the meeting is scheduled for
Saturday, November 16, at 1:00 p.m. There is a schedule at the beginning of the tape
indicating the time when consideration of each agenda item begins.
29. SPIN Activity November has turned into another busy month for SPIN. Meetings held
Cor scheduled for this month:
i
November 4. 1996
7:00 p.m. SPIN Nos. 4, 8, 9, 10 at Solana, to discuss proposed development
of Fox Glen and Crestwood Office at 1709 just west of N. Carroll
7:30 p.m. SPIN #16 at the Lodge, general meeting
November 12, 1996
7:00 p.m. SPIN #13 at City Hall, to discuss proposed development of
Children's Courtyard at 1709 between Carroll High School and
Stone Lakes
November 13, 1996
7:00 p.m. SPIN #1 at Cara White's home, to discuss proposed residential
development off Bob Jones Road next to Dal -Den Corp.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
November 14, 1996
Page 16
November 21. 1996
7:00 p.m. SPIN Nos. 9, 10, 14 at Johnson Auditorium, to discuss proposed
Harvard Square development at the northwest corner of Continental
and White Chapel.
November 26. 1996
7:00 p.m. SPIN Nos. 4 and 11 at Community Center, to discuss proposed
assisted living development off of North White Chapel near the
Countryside Bible Church.
FYI, our records indicate that as of Wednesday, November 13, SPIN representatives have
hosted 30 meetings in 1996. Cumulative attendance at these meetings is 1090.
C�
30. United Way Results. The numbers are in and City of Southlake employees raised over
$13,000 for United Way agencies. This is approximately $88.40 per capita, which should
put the City of Southlake at the top of the list again in per capita giving among Tarrant
County cities.
31. Southlake Historical Society. Please note the attached flyer regarding the Southlake
Historical Society's efforts to seek interested citizen participation in the restoration of an
old log cabin. If you have any questions, please feel free to contact Aloha Payne at 481-
7134.
32. Economic Development Coordinator. Kate Barlow had her baby last Saturday. (Baby
boy, Gregory Lewis, 8lbs. 12oz., 21" long.) Administrative Intern Dan Prins, who has
been working with Kate for several months, will be in the Economic Development office
�� most of the time to take care of the day-to-day business during her leave.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
November 14, 1996
Page 17
33. Lunch with the City Manager. This Monday, November 18, we are planning, as usual,
to have our regular City Council lunch with the City Manager. Curtis will have to leave
early to attend the TxDOT meeting, but I will be in attendance to continue the meeting for
as long as needed. We believe the Monday luncheons have proven to be very helpful both
for us and those Councilmembers who have attended.
34. Holiday Schedule. City Hall will be closed for Thanksgiving on Thursday, November 28
and Friday, November 29. Therefore, City Council packets for the December 3 meeting
will need to be prepared within three days and delivered to you on Wednesday night. This
should prove to be an exciting challenge. FYI, we do not anticipate a "light" agenda.
C35. Community Meetings Regarding Peeping Suspect. As you are probably aware, the suspect in the recent restroom trespass incidents is a resident of SouthRid e Lakes. We have
P g
fielded many telephone calls from concerned residents. The memos from Director
Campbell and Detective Sergeant Charles Ward, attached to my memo, clearly outline the
steps we have taken. If you have any questions, please feel free to contact Director
Campbell.
*Kb
cc: Curtis E. Hawk, City Manager
',A,o city manager's report
OSPINO november 15, 1996
Upcoming Meetings
CITY COUNCIL AGENDA
November 19, 1996 •
November 18, 1996
SPDC
The following items will be addressed at the regular
6:00 p.m. - Council Chamber
City Council meeting on November 19, 1996
Historical society**
7:00 p.m. -White Chapel Room
(_'onsent Agenda:
1) Excuse the absences of Planning and Zoning Commission Chairman Joe
Wright.
November 19, 1996
2) Authorize a Professional Services Agreement for the design of water system
City Council
improvements consisting of an extension of a 20' water line along North White
7:00 p.m. - Council Chamber
Chapel across private property to T.W. King Road
3) Authorize a Professional Services Agreement for the design of sewer system
November 21�1996
improvements consisting of an extension of a 12" sewer line along West Dove
from Lonesome Dove to the future extension of Kirkwood Blvd.
Planning and Zoning
4) Authorize the City Manager to amend the Professional Services Agreement
7:00 p.m - Council Chamber
with Cheatham and Associates for preparation of plans for sewer and to include
preparation of pavement reconstruction plans in Diamond Circle Estates.
November 25, 1996
5) Authorize an Interlocal Cooperation Agreement of the North Texas GIS
Bu%'a�ng Board of Appeals
Consortium for Geographic Data Acquisition and Maintenance with the City
0 Award of bid for police
7:61 d.m. - Council Chamber
RReeular ABenda:
1) Parks, Recreation and Open Space Master Plan
"historical Society to Meet
2) Bicentennial Park Master Plan
3) Bob Jones Park Master Plan
November 18 - 7:00 p.m.
4) Ord. No. 643, Requiring registration of door-to-door solicitors; requiring
White Chapel Room
identification badges, and providing regulations.
5) Ord. No. 645, Providing for the registration and regulation of handbill
"The Little Log Cabin--
distribution in the City
Who Cares?"
6) Ord. No. 667, GTE Franchise Ordinance
7) ZA 96-138, Site Plan for Kingsley Place, Assisted Living, located,approx.
Aloha Payne will present a program
200' north of the intersection of N. Peytonville and 1709 (#13)
about the historical background of the
log cabin that sits close to 1709 and
First Readings:
Carroll Avenue
1) Ord. No. 480-219, Rezoning and Concept Plan for Crestwood Office Park,
approx. 3.5083 acres located at the NW comer of N. Carroll Ave. and 1709
(#10)
2) ZA 96-144, Plat Revision for approx..948 acres located at the N. Corner
Congratulations
of the intersection of Lake Crest Drive and Clear Lake Court (#14)
Other Items for consideration:
Building Official Paul Ward was
1) Commercial Developers Agreement with Heritage Industrial Park located at
elected Vice President of the North
SH 26 and East Continental
Texas Chapter of International
2) Prioritization of project requests
Conference of Building Officials.
3) Authorize the City Manager to execute a Professional Services Agreement
with Wiss, Janey, Elstner Associate, Inc. For the preparation of plans and
specifications for Pavement Remediation.
Video Taped
City Council
Meetings
Video taped City
Council Meetings
are now being aired on
Channel 25 at the following
times:
Tuesday & Thursday - 6:00 pm
Saturdays - 1:00 p.m.
At the beginning of each
presentation there is a schedule
of each item on the agenda and
how far into the schedule the
item will appear.
JOINT UTILIZATION
Items of interest
0700 students have signed up
for Basketball through Parks
and Recreation. They are
using all the available school
gym times.
®Durham elementary
purchased outdoor basketball
goals which the City will
install. These goals will be
available for community, use
after school hours
1&07`I e5
04
� PIN
The December 5th Standing
Committte meeting will focus
on setting new goals for SPIN.
Please send your input to any
member of the Executive
Committee or Nona before that
meeting.
SPIN MEETINGS
November 21, 1996
SPIN #9, #10, #14
7:00 p.m. Johnson School
Auditorium
The proposed development of
Harvard Square Offices at the
corner of White Chapel and
Continental
November 26, 1996
SPIN #4 & #11
7:00 p.m. White Chapel Room
The proposed development of
an Assisted Living facility off
of North White Chapel
Development
Activity Update
Planning &Zoning
Nfeeting - November 21
96-143 Site Plan,. PetsMart-
V illage Center #4
96-145 Zoning/Concept Plan,
Southlake Town Center #4
96-146 Site Plan, Mesco Add.
#6
96-90 Zoning/Concept Plan,
Southlake Professional Plaza
#14
Consider: 1996 Master
Thoroughfare Plan
96-148 Site Plan, Liberty Bank
#7
96-149 Plat Revision, Liberty
Bank #7
96-150 Zoning/Site Plan,
Children's Courtyard #13
Consider: Ord. No.480-W,
Telecommunications .
Consider: Ord. No.480-X,
Residential Density'
DPS
Toy Drive
December 19, 1996
The Department of Public
Safety is sponsoring a Toy
Drive for Children in
Southlake. Please bring
unwrapped toys to the parking
lot at Bicentennial Park on
December 19 from 6 - 10 p. U
/ DO YOU WANT 1709 IN YOUR BACKYARD?
Recently there was a meeting on the Master Thoroughfare Plan. Planning & Zoning is scheduled to hear this
request on November 21. 1996. If you have not seen this proposal. you might want to go 10 the cit` to takc a look.
Overall the plan looks very good_ but I have some reservations about the plans for Continental Road and Whites
Chapel Road. Granted both of this roads are dangerous and need to be redone.
The city would like to make Continental a 5 lane road. Not everyone is going to agree with me, but I think this
road should be a 2 lane with a center lane or turning lanes where there is a subdivision. The proposed width of this
road is 84 feet. just a bit smaller than 1709. Continental would not have the wide lanes on each side of the road
the way 1709 does. Continental is also being extended to Highway 26.
Whites Chapel is to be the 96 feet in width, the problem here is that Colleyville has no intention of widing
Pleasant Run which Whites Chapel connects into. We do need an extra turn lane at Whites Chapel and 1709, this
would help eliminate the traffic backup on this road
This side of town is close to being fully developed, there are parts of Timmarron.. Timberlakes and Monticello
Estates that are not finished out. The homes that arc built should replace the construction traffic that we have now.
So I see as being at nearly full capacity with the traffic volume.
Tom Elgin a city planner said the reason the city wants to widen Continental is to relieve the traffic that is on
1709. Continental is now a residential street, increasing the number of lanes with the increased amount of traffic
would likely increase the undeveloped lots to be commercial.
If you agree with this, we need your help. Please write to Planning & Zoning and City Council along with the
Mayor about your concerns or come voice your concerns to Planning & Zoning on Nov. 21, 1996. Their address
is 667 North Carroll Ave. Southlake. TX 76092
THE REASONS WHY YOU SHOULD BE CONCERNED
• Conduental will become a major artery for residents of Keller, North Richland Hills, Westlake to get
to 114 and 121.
• The school buses would have to crow two lanes of traffic with no light, there4Nould be a greater danger
of a accident.
• We would lox all of the beautiful trees on Continental.
• Lots undeveloped would likely become commercial lots due to increased traffic volume.
• The speed limit would probably be 45 mph; but we all know that on 1709 it goes up to 60mph or more.
• If you live within two miles of Carroll Elementary School, your child could be walking on a 5 line
highway to get to school.
• Tax dollars could be used more -wisely on other -roads.
If you have any questions, please call me Sherry Berm .32%2970 .
RECD
Nov - 0 71996
Mayor:
Rick Stacy
Mayor Pro Tern:
W. Ralph Evans
Deputy Mayor Pro Tem:
Pamela A. Muller
Councilmembers
Wayne Moffat
David A. Harris
Gary Fawks
Scott F. Martin
City Manager:
Curtis E. Hawk
Assistant City Manager:
Shana K. Yelverton
Cp, Oacretary:
�.. LeGrand
i
City of Southlake
Administrative Offices
November 14, 1996
via facsimile (972)261-1111 and regular mail
Mr. Rod Johnson, Chair
Southlake Parks & Recreation Board
415 E. Airport Freeway, Ste. 400
Irving, Texas 75062
Dear Rod:
You may know that questions have been raised regarding your residency status,
since you moved from your home on North White Chapel Boulevard. As such, I
have been asked by members of the City Council to inquire as to your current
residency status and/or any future plans you may have for a home in Southlake.
As a reminder, the state statute providing for the half -cent sales tax for park
purposes describes the qualifications of board members, and clearly states that the
board member must be a resident of the city. Likewise, the ordinance creating the
Park Board states that the members must be "citizens," that is, residents.
The City Council is sensitive to your situation and wants to provide some
flexibility for your transition period. However, it is important that the members
of each of the city's boards meet the requirements delineated in state law or in our
own ordinances.
We would appreciate any information you could provide on your residency status.
If you would like, please feel free to send your response to me and I will make
sure that each councilmember receives a copy. If possible, we would like to
receive your response in the next few days.
Thank you for your hard work and dedication to City of Southlake, particularly
your efforts for parks. The future of park development in Southlake is exciting.
We all look forward to working with you on these future endeavors.
Sincerely,
Curtis E. Hawk
City Manager
1725 East Southlake Blvd. • Southlake, Texas 76092
(817) 481-5581 • FAX (817) 488-6796
"AN EQUAL OPPORTUNITY EMPLOYER"
SOUTHLAKE HISTORICAL SOCIETY
Presents
"Who Cares?"
Monday
November 18, 1996
7:00 PM
Bicentennial Park
White's Chapel Room
Aloha Payne, President, will discuss the historical significance and possible preservation of
a log cabin (Circa 1865) which is located in an oak grove south of Southlake Blvd. and
east of Carroll Road. Future development of this land makes this a critical topic. Her
presentation will include photographs and slides, as well as comments from Crawford
Hall, whose construction company moved the Torian Cabin from its original location in
Southlake to its present location on Main Street in Grapevine.
Yearly dues (September 1996-September,1997) may be paid by mail to Jo Ann Roberts,
Treasurer, or in person at this meeting. Thank you in advance for your support of the
Society and its mission to preserve the history of our community.
Membership is available in six categories:
Lifetime (one time contribution)
$150.00
Corporate (per annum)
50.00
Family (per annum)
25.00
Individual (per annum)
15.00
Student - grades 1-12 (per annum)
5.00
Honorary
0.00
.,
City of Southlake, Texas
NOVEMBER 11, 1996
TO: All Department of Public Safety Personnel
FROM: C. E. Ward, Sergeant, Criminal Investigations
SUBJECT: RESTROOM PEEPER SUSPECT, RUSSELL CHARLES SIVEY
There is a great deal of public concern regarding this suspect being at large, while out on bond
awaiting trial. Interest is especially heated in the South Ridge Lakes area, where the suspect lives
with his family.
CID and CSO have been involved in public awareness meetings with several citizens and citizen
groups and I understand that many officers are fielding questions from the public in regard to
what they can do to safeguard their neighborhoods.
If an individual officer is contacted by a citizen who has questions, the officer should inform the
citizen that the DPS has done everything within our power working within the system. This
includes the facts that we identified the suspect, issued arrest warrants and have filed cases with
the District Attorney's Office. Bedford Police have also filed two more serious criminal charges
with the D.A. for INDECENT EXPOSURE and CRI IINAL ATTEMPT FONDLING.
Citizens should be reassured that we are interested in their children's safety, that we have
increased patrols in Southridge Lakes and that we are paying particular interest to areas which
have public restrooms.
David Montague from the D.A.'s Office is attempting to compile sufficient citizen input in order
to allow a hearing on SIVEY for the purpose of strengthening the terms and conditions of the
pre-trial bond. These sanctions could possibly include an electronic monitoring device and
restricted, defined times for travel outside the home.
If approached, officers should advise citizens to contact DAVID MONTAGUE, TARRANT
COUNTY DISTRICT ATTORNEY'S OFFICE 884-1400 and request that the terms and
conditions of the SIVEY bond be changed to include the addition of an electronic monitoring
device and restricted travel allowance, along with a specific provision that he not be in any public
restroom or any other area where children are congregated.
Any officer with questions or comments concerning this matter should contact Sgt. Ward for
clarification.
CEW
City of Southlake, Texas
MEMORANDUM
November 15, 1996
TO: Curtis E. Hawk, City Manager
FROM: Billy Campbell, Director of Public Safety
SUBJECT : Community Meetings Reference Russell Charles Sivey (Recording Incident)
As you are aware, there has been a great deal of public concern over the recent restroom trespass
incidents involving Russell Charles Sivey.
CSO Fullington and Sgt. Ward have received at least thirty (30) telephone inquiries from local
residents for case status and request for neighborhood protection since Sivey was arrested, and
the Fort Worth Star -Telegram ran a couple of stories related to Sivey's cumulative charges in the
mid -cities area. Several Southridge Lakes residents made specific requests for a meeting with
SDPS representatives in order to voice their concerns over Sivey being back in their
neighborhood while out on bond, awaiting trial. Most of the calls were highly polarized and
temperamental in nature, with residents demanding that police services do something about Sivey
being at large.
We have explained the systematic working of the criminal justice system to each of these residents
with emphasis on the fact that we have done our part by identifying, arresting and filing charges
with the District Attorney. We have further reiterated that the cases are now in the hands of the
Court system and, consequently, out of immediate police control, absent some new information or
other incidents occurring with Sivey as a suspect.
Despite our best efforts, this information has not sufficed to calm residents' concerns and
temperament continues to escalate with some veiled vigilante innuendo being implied by several
persons who have small children, and live near the Sivey residence.
A decision was made at my supervisory level to attempt to redirect the hostility felt by these
residents by empowering them with a positive goal., We feel that the residents have valid concern
and that we are obligated to at least afford them insight, if not specific instruction on how they
may personally become involved in the criminal justice process in order to protect their
neighborhood children.
CSO Fullington and Sgt. Ward have been informally suggesting to concerned residents that they
might consider consolidating their individual efforts and contact the District Attorney's Office and
request that the terms and conditions of Sivey's bond be strengthened to include an electronic
monitoring device and restricted travel allowances. These type restrictions are commonly placed
on predatory sexual offenders as condition of bond, and we firmly believe that we are well within
our latitude in apprising our residents of tools which are available to assure continued protection
of their neighborhoods.
Russell Charles Sivey Meetings
November 15, 1996
Page 2
On Thursday evening, November 7, CSO Fullington and Sgt. Ward responded to a specific
request and met with a group of approximately twenty-five (25) residents at Durham Elementary
School after they completed a Jazzercise class. The previously defined information regarding
terms and conditions of bond was discussed with these residents. Each resident was extremely
interested and conveyed that they would immediately contact their neighbors and begin the
process of petitioning the District Attorney's Office.
On Friday afternoon we received a telephone request to provide a Departmental representative for
another meeting with residents of Southridge Lakes. The meeting was scheduled for Sunday
afternoon, November 10, at the Community Club House in Arvida. Sgt. Ward was not available
for the meeting, and CSO Fullington personally represented the Department. The meeting was
well advertised and approximately 150 people were present. The same information regarding
terms and conditions of bond was passed along to this group.
My belief is that the information being related by the Department is pertinent, educational, non -
malicious and completely consistent with our philosophy to provide extraordinary benefit to our
citizens. We strongly urge that we continue our interaction with the community effort to raise the
terms and conditions of Sivey's bond.
CAttached is a memo from Sgt. Ward to the troops. It is our understanding at this time that the
District Attorney's Office is strongly considering electronic surveillance as part of the bond
process.
attachment
City of Southlake, Texas
MEMORANDUM
November 14, 1996
TO: Honorable Mayor and Members of City Council
FROM: Sandra L. LeGrand, City Secretary
SUBJECT: Excuse the Absences of Planning and Zoning Commission Chairman Joe Wright.
Please excuse three (3) consecutive absences of Joe Wright, Chairman of the Planning and Zoning
Commission as he has been ill and unable to attend. Obtaining an excused absence is a
requirement of the Home Rule Charter, Section 11.
If you have questions, please do not hesitate to contact me.
-4
0
City of Southlake, Texas
MEMORANDUM
November 15, 1996
fo: Curtis E. Hawk, City Manager
FROM: Ron Harper, City Engineer
SUBJECT: Authorize the City Manager to Execute a Professional Services Agreement with
Cheatham and Associates for the Design of Water System Improvements Consisting
of an Extension of a 20" Water Line along N. White Chapel Blvd. and Across Private
Property to T.W. King Road
BACKGROUND
The City of Southlake's Budget for FY96-97 includes in the Capital Improvements Program a project in
the 1997 Water/Sewer Bond Projects for the construction of a 20-inch water line from the proposed pump
station on T.W. King Road to the elevated water tank on N. White Chapel Blvd. at Dove St. The pump
station and ground storage tanks at T.W. King Road are currently being designed by Cheatham and
Associates. This project is needed to complete the northwest water supply along S.H. 114. It is
anticipated that this project will be completed by the start of summer 1997.
The allocation for the 20-inch water line is $650,000.
Latham and Associates has submitted a proposal for the engineering services for this project in the
:count of $36,300. This fee was based upon an estimate of design effort required and equates to 6.3 %
of the construction costs. This falls within normal parameters for this type of project. In addition,
surveying costs in the amount of $13,425\ will be required. This will result in a total contract of $49,725.
COMMENTS
Cheatham and Associates has provided engineering design services for Southlake on various mains
throughout the City. Because of their knowledge, background, and expertise, Staff recommends that the
City Council authorize the City Manager to execute a professional services agreement with Cheatham and
Associates for the design of water system improvements consisting of an extension of a 20" water line
along N. White Chapel Blvd. and across private property to T.W. King Road.
Staff requestsat this item be placed on the November 19, 1996 Regular City Council Agenda for City
C nc 1's confideration.
RH/ls
attachments: service agreement
project exhibit
'NIN60NW PDOCMWATER\LINB201N-WCH.EXT
1 5B-1
CHEATHAM
AND
.ASSOCIATES
November 13, 1996
Mr. Ron Harper, P.E.
City Engineer
City of Southlake
667 N. Carroll Ave.
Southlake, TX 76092
Re: Proposal for Providing Professional
Services in Connection with the
Design of Water System Improvements
Consisting of an Extension of 20" Water Line
along N. White Chapel and Across Private
Property to T.W. King Rd.
CONSULTANT'S UNDERSTANDING
The City of Southlake is experiencing a considerable amount of growth in the northern portion
of the City. Both commercial and residential developments are currently in either the
planning, or construction stages of development at this time.
( A 5.0 million gallon ground storage tank and pumping station is proposed to be constructed
just north of the IBM facility, along T.W. King Rd. A 20" transmission line is therefore
proposed to deliver water from the pump station to the existing 1.5 million gallon elevated
tank, at Dove Road and N. White Chapel Rd. The actual alignment will be determined as a
part of this proposal.
The project will include the surveying, design, bidding and contract administration of the
proposed construction of the 20" transmission line.
SCOPE OF SERVICES
Preliminary Design:
Perform necessary field survey work for the preparation of construction plans,
including any additional topographic and contouring which may be necessary for
the completion of our tasks.
2. Visit with members of your staff, to discuss our design concept, and overall
approach to the project. Make any changes deemed necessary prior to
proceeding into final design.
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
5 B-2
Mr. Ron Harper, P.C. November 13, 1996
City of Southlake Page 2
3. Prepare preliminary plans including plan/profile sheets of the project.
4. We will provide your office with preliminary construction plans for your
review.
5. Provide a preliminary cost estimate of all proposed project.
Final Design:
1. Prepare final construction plans and profile sheets for the water lines.
2. Provide your office with final construction plans and specs for your review.
3. Make necessary revisions to satisfy the City's requirements.
4. Provide your office with a quantity take -off, in proposal form, for civil
improvements to include in your contract documents.
Construction Phase:
1. We will provide construction staking for the Contractor.
2. We will be available during the bidding process to answer any questions
regarding plan interpretation, and will assist if addendums are required.
3. Periodic on -site visits will be made during construction by the design engineer,
or as deemed necessary by your office, to assist you in contractor discussions.
4. We will provide assistance in conducting the final inspection and will be
available, if your office has any questions regarding the materials or
workmanship of the contractor.
5. Prepare as built plans once the project is complete.
Easements if required):
l . 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.
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. This element includes preparation of the final written easement document and of
the accompanying drawing.
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.
5 B-3
Mr. Ron Harper, P.E.
(y- City of Southlake
FEES
November 13, 1996
Page 3
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 for a flat fee of
$36,300.00 for engineering and $13,425.00 for surveying. See attached breakdown of services
which was used to determine the fee (Attachment "A").
TERMS
Invoicing will be based on percentage of completion. Billing will normally occur around the
first of each month and payment expected within ten working days.
TIMING OF PROJECT:
The following schedule indicates target dates for project completion:
Submit plans to City for review by ...............
Revise Plans by ............................
Advertise Project ..............
Award Project ...................... . . . . . .
Begin Construction ......................... .
Complete Project ...........................
GUARANTEE
April 1, 1997
May 1, 1997
May 15, 1997
June 15, 1997
July 15, 1997
December 15, 1997
Cheatham & Associates guarantee to maintain the fees presented herein for 90 days from the
date of this proposal unchanged.
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,
Eddie Cheatham, P.E.
F: \WORD\PROPOSAL\SO UTHLAK\North. W hite.Ciiapel.2. wpd
AUTHORIZATION TO PROCEED:
Accepted this
�By: _
'Tltle:
day of
..1
5B-4
ATTACHMENT "A"
i
ENGINEERING/SURVEYING FEE CALCULATION•
PRELIMINARY DESIGN PHASE•
FIELD CREW $75.00 x 120 hrs .......... $9,000.00
STAFF ENGINEER $75.00 x 85 hrs ............ $6,375.00
CAD TECHNICIAN $50.00 x 90 hrs ............ $4,500.00
SUB -TOTAL ............. $19,875.00
FINAL DESIGN PHASE:
STAFF ENGINEER $75.00 x 160 hrs ........... $12,000.00
CAD TECHNICIAN $50.00 x 159 hrs .......... $7,950.00
SUB -TOTAL ............. $19,950.00
CONSTRUCTION PHASE:
FIELD CREW $75.00 x 59 hrs ............ $4,425.00
STAFF ENGINEER $75.00 x 73 hrs ............ $5,475.00
C
SUB -TOTAL .............. $9,900.00
TOTAL SURVEYING $13,425.00
TOTAL ENGINEERING ...................... $36,300.00
TOTAL FEE ...................... .$49,725.00
5s-5
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City of Southlake, Texas
MEMORANDUM
November 15, 1996
TO: Curtis E. Hawk, City Manager
FROM: Ron Harper, City Engineer
SUBJECT: Authorize the City Manager to Execute a Professional Services Agreement with
Cheatham and Associates for the Design of Sewer System Improvements
Consisting of an Extension of a 12" Sewer Line along W. Dove Street from
Lonesome Dove Ave. to the Future Extension of Kirkwood Blvd.
BACKGROUND
The City of Southlake currently has an agreement with the Trinity River Authority (TRA) to pump
sewer from the north side of the city over to the Big Bear Basin. This agreement will expire in
November of 1998. To enable the cross basin diversion to end, a sanitary sewer system must be
installed from the existing lift station at Lonesome Dove Ave. and Dove St., to the lift station
currently under construction at N. White Chapel Blvd. north of Dove St. A portion of this system
will be constructed by Maguire Thomas as a part of their currently proposed residential
development.
In addition, a portion of the N-3 gravity sewer line must be completed from the existing lift station
at Dove Creek and N. Carroll Ave. to the line recently constructed serving Whispering Dell
Estates.
Therefore, it is proposed that a 12" sewer line be constructed along W. Dove St., from Lonesome
Dove Ave. to the future extension of Kirkwood Blvd., then north along Kirkwood Blvd. to the
proposed sewer by Maguire Thomas.
Included in this project will be the completion of the N-3 gravity sewer line and abandonment of
the lift station at N. Carroll Ave.
This project is allocated in the FY96-97 Budget under Sewer Impact Fee Fund (752). The total
budgeted for the 12" force main and appurtenant work is $657,000.
Cheatham and Associates has submitted a proposal for the engineering services for this project
in the amount of $47,500. This fee was based upon an estimate of design effort required and
equates to 8.0% of the construction costs. This falls within normal parameters for this type of
project. In addition, surveying costs in the amount of $18,000 will be required. This will result
in a total contract of $65,500.
5C-1
MEMORANDUM
CURTIS E. HAWK
12" SEWER LINE EXT./DOVE ST.
NOVEMBER 15, 1996
PAGE 2
COMMENTS
Cheatham and Associates has provided engineering design services for Southlake on various mains
throughout the City. Because of their knowledge, background, and expertise, Staff reconAnends
that the City Council authorize the City Manager to execute a professional services agreement for
the design of a 12" sewer line along W. Dove St. from Lonesome Dove Ave. to the future
extension of Kirkwood Blvd.
Staff requests that this item be placed on the November 19, 1996 Regular City Council Agenda
fo ity Council's consideration.
RH/ls
attachments: service agreement
project exhibit
C:%W P W IN60%WPDOCSISEW ER%LINEUOIN-DOV.EXT .
C �
5C-2
.,.,K..�.......m.....ti.......... ��K��a.......� u........ . ... . ..:. �.0 .... , .....v .d o ._ - ..-__-__-_ -_ �._. _--- ------------ --- .. -.....
C:HEATHAM
AND
ASSOCIATES
November 13, 1996
Mr. Ron Harper, P.E.
City Engineer
City of Southlake
667 N. Carroll Ave.
Southlake, TX 76092
Re: Proposal for Providing Professional
Services in Connection with the
Design of Sewer System Improvements
Consisting of an Extension of 12" Sewer Line
along Dove Road from Lonesome Dove to
Future Extension of Kirkwood Blvd.
CONSULTANT'S UNDERSTANDING
The City of Southlake currently has an agreement with the Trinity River Authority (TRA) to
ump sewer from the north side of town over to the Big Bear Basin. This agreement will expire
in November of 1998. To enable this to be met, a sanitary sewer system must be installed from
the existing lift station at Lonesome Dove and Dove Road, to the lift station currently under
construction at N.. White Chapel north of Dove Road. A portion of this system will be
constructed by McGuire Thomas as a part of their development.
In addition, a portion of the N-3 gravity sewer line must be completed from the existing lift'
station at Dove Creek and N. Carroll Avenue, to the line recently constructed serving Whispering
Dell Estates.
Therefore, it is proposed that a 12" sewer line be constructed along W. Dove Rd., from
Lonesome Dove, to future extension of Kirkwood'Blvd. Then north along Kirkwood Blvd. to
proposed sewer by McGuire Thomas.
Included in this project will be the completion of the N-3 gravity sewer line and abandonment of
the lift station at N. Carroll Avenue.
The project will include the surveying, design, bidding and contract administration of the
proposed construction.
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 9-65-8836 • Fax 817/265-8532
5C-3
Mr. Ron Harper, P.E. November 13, 1996
City of Southlake Page 2
SCOPE OF SERVICES
Preliminary.Design:
1. Perform necessary field survey work for the preparation of construction plans,
including any additional topographic and contouring which may be necessary for
the completion of our tasks.
2. Visit with members- of your staff, to discuss our design concept, and overall
approach to the project. Make any changes deemed necessary prior to proceeding
into final design.
3. Prepare preliminary plans including plan/profile sheets of the project.
4. We will provide your office with preliminary construction plans for your review.
5. Provide a preliminary cost estimate of all proposed project.
Final Design:
1. Prepare final plan and profile sheets for the lines and final construction plans for
the lift station.
2. Provide your office with .final construction plans and specs Tor your review.
3. Make necessary revisions to.satisfy the City's requirements:
4.. Provide your office with a quantity take -off, in proposal form, for civil
improvements to include in your contract documents.
Construction Phase-
L. We will provide construction staking for the Contractor.
2. We will be available during the bidding process to answer any questions regarding
plan interpretation, and will assist if addendums are required.
3. Periodic on -site visits.will be made during construction by the design engineer, or
as deemed necessary by your office, to assist you in contractor discussions.
4: We will provide assistance in conducting the final inspection and will be
available, if your office has any questions regarding the materials or workmanship
of the contractor.
5. Prepare as built plans once the project is complete.
5 C-4
Mr. Ron Harper, P. E. November 13, 1996
City of Southlake Page 3
Easements if required):
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.
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 Iine(s).
3. This element includes preparation of the final written easement document and of
the accompanying drawing.
4. This proposal does not contemplate ourfirm providing assistance in acquiring
property owner's signatures, nor participating in any condemnation proceedings
without additional compensation.
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 for a. flat fee of $47,500.00 for
C engineering and $18,000.00 for surveying. See attached breakdown of services which was used
to determine the fee (Attachment "A").
TERMS
Invoicing will be based on percentage of completion. Billing will normally occur around the first
of each month and payment expected within ten working days.
TIMING OF PROJECT:
The following schedule indicates target dates for project completion:
Submit plans to City for review by ..................... March 1, 1997
Revise Plans by ................................... April 1, 1997
Advertise Project ................................ April 15, 1997
Award Project ..................................... May 15, 1997
Begin Construction June 15, 1997
...............
Complete Project .................................. December 31, 1997
GUARANTEE
Cheatham & Associates guarantee to maintain the fees presented herein for 90 days from the date
of this proposal unchanged.
the above meets with your approval, this proposal can also serve as our agreement, which you
5 C-5
Mr. Ron Harper, P.E.
City of Southlake
November 13, 1996
Page 4
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,
C
Eddie Cheatham, P.E.
F:\WORD\PROPOSAL\SOUTHLAK\Dove Road.2.wpd
AUTHORIZATION TO PROCEED:
Accepted this
By:
Title:
C�
day of
5C-6
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ATTACHMENT "A"
ENGINEERING/SURVEYING FEE CALCULATION•
PRELIMINARY DESIGN PHASE-
FIELD CREW $75.00 x 160 hrs .............. $12,000.00
STAFF ENGINEER $75.00 x 112 hrs ............. / .. $8,400.00
CAD TECHNICIAN $50.00 x 112 hrs ................ $5,600.00
SUB -TOTAL ................. S26,000.00
FINAL DESIGN PHASE:
STAFF ENGINEER $75.00 x 210 hrs ............... S 15,750.00
CAD TECHNICIAN $50.00 x 212.5 hrs ............. $10,625.00
SUB -TOTAL ................. S26,375.00
CONSTRUCTION PHASE:
FIELD CREW $75.00 x 80 hrs ................. $6,000.00
CTAFF ENGINEER $75.00 x 95 hrs ............. $7,125.00
SUB -TOTAL ................. S 13,125.00
TOTAL SURVEYING ........................... S 18,000.00
TOTAL ENGINEERING ............................ $47,500.00
TOTAL FEE ............................ S65,500.00
13
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City of Southlake, Texas
MEMORANDUM
November 15, 1996
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Authorize City Manager to Amend the Professional Services Agreement with
Cheatham and Associates for Preparation of Plans for Sewers to include
Preparation of Pavement Reconstruction Plans in Diamond Circle Estates
BACKGROUND
When the Neighborhood Sewer Program was established by City Council, Diamond Circle Estates
was to receive sanitary sewer in Year-2 of the program. Council allocated funds in the FY96-97
Budget for the Year-2 Neighborhood Sewer Program. Cheatham and Associates has the sewer
designed to be placed behind the curb in the "parkway". Because of all of the landscaping in the
parkway (i.e., the public right-of-way behind the curb), the engineering design includes many
"bores" under the landscaping and trees. Boring is expensive compared to open cutting a sanitary
sewer trench.
In conjunction with the Neighborhood Sewer Program, residents of Diamond Circle Estates have
appeared before City Council requesting that the existing concrete streets be reconstructed.
On October 16., 1996, Mayor Stacy and I met with the homeowners of approximately seventeen
properties located in Diamond Circle Estates. After a brief slide presentation which showed some
of the current street problems and similar subdivisions with asphalt streets, four options for
improving the streets were discussed. The four options with cost estimates are attached.
Option 1: Reconstruct with new reinforced concrete .pavement - saw cut around existing
driveways and leave them in place.
Option 2: Mill edges and install 2" HMAC overlay leaving existing curbs.
Option 3: Saw cut 2' from back of curb, remove 27' of existing pavement and replace with
6" HMAC pavement.
Option 4: Saw cut 2' from back of curb, remove 27' of existing pavement and replace with
5" reinforced concrete pavement.
It should be noted that Option 2 was not acceptable to the neighborhood as it would replace only
the bad sections of pavement (40% of total).
5D-1
T
MEMORANDUM
CURTIS E. HAWK
DIAMOND CIRCLE ESTATES
NOVEMBER 15, 1996
PAGE 2
After much discussion, the majority of people present agreed to Option 3. However, they left the
meeting with the information as presented to "poll" the other residents of Diamond Circle Estates
as to their recommendations between Options 3 and 4. The Mayor made it perfectly clear that the
City Council would make the final decision and it may not coincide with the outcome of the
neighborhood poll. The neighborhood representative has sent a letter stating that the majority of
the neighborhood would accept Option 3.
Staff would suggest that City Council consider the sewer project and street reconstruction to be
constructed concurrently as this will provide a cost savings in the total project. The savings will
be accomplished by moving the sanitary sewer line from behind the curb to under the street which
will dramatically decrease the cost of boring the landscape. Staff realizes this is contrary to our
present policy on location of sanitary sewer lines; however, because of the established trees and
landscaping, the improved specifications based upon the Distressed Pavement Study and using an
asphalt street, Staff feels that if Council approves reconstructing the street in Diamond Circle that
the sanitary sewer should be located under the street.
FISCAL IMPACT
The City of Southlake Capital Projects Budget for FY96-97 includes funding for both the sewer
and street projects as follows:
Fund 755 Sewer Assessment Fund ................... $486,000.00
Fund 502 1997 Infrastructure Reserve Fund ............ $800,000.00
COMMENTS
Public Works Staff would recommend that City Council consider Option 3 for the street
reconstruction and moving the sanitary sewer location to under the pavement. This
recommendation is based upon the October 16, 1996 public meeting, and the savings in
construction costs and the cost of future street maintenance. The estimated costs of construction
with the recommendation would be:
Option 3 Street Reconstruction ........... $568,575.00
Sanitary Sewer (*) ........... $376,250.00
Total Project . $944.825.00
(*) Current Engineer Estimate:
1) behind the curb ........ $465,250.00
2) under the pavement ..... $376,250.00
Total Savings . $89,000.00
5D-2
MEMORANDUM
CURTIS E. HAWK
DIAMOND CIRCLE ESTATES
NOVEMBER 15, 1996
PAGE 3
Staff would recommend that City Council authorize the City Manager to amend the professional
services agreement with Cheatham and Associates for preparation of plans for sewers to include
preparation of pavement reconstruction plans it Diamond Circle Estates using design Option 3
(asphalt).
Staff requests that this item be placed on the November 19, 1996 Regular City Council Agenda for
City Council's consideration.
attachment: agreement
C;\W P WIN6O\W PDOCS\SUBDIV\D-CIRCLE\ST•RECON.4ME
5D-3
CHEATHAM
AND
ASSOCIATES
November 13, 1996
Mr. Robert R. Whitehead, P.E.
Director of Public Works
City of Southlake
667 N. Carroll Ave.
Southlake, TX 76092
Re: Amendment to Proposal for
Professional Services
for Design of Sewer Systems in
Diamond Circle Estates
Dear Mr. Whitehead:
We recently prepared a proposal for professional services in connection with the design of sewer
systems for four (4) existing residential subdivisions. We have been asked to modify the
proposal to include the design of street. reconstruction in Diamond Circle Estates.
Therefore, we have included, for your consideration, the engineering and surveying fee for this
additional work, and an enclosed engineer's estimate of construction cost.
This proposal amendment is based upon the City salvaging the existing curb, and. removing the
old concrete pavement. The subsurface will. be stabilized, and ,either asphalt or reinforced
concrete pavement will be placed to match existing grades. All conditions and terms contained
within the original proposal shall apply to the additional services.
Some additional surveying and engineering will be required to determine if there are drainage
problems in a few isolated locations.
The additional fee for professional services is proposed as follows:
Street Reconstruction:
Engineering Fee $ 11,500.00
Surveying Fee
Design Survey $ 1,800.00
Construction Staking, 1,700.00
Total Professional Fees $ 15,000.00
If the above meets with your approval, this letter can serve as our agreement. If you have any
questions, please give us a call.
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
5 D-4
Mr. Robert R. Whitehead, P.E.
City of Southlake
Respectfully,
Eddie Cheatham, P.E.
f.\word\proposal\southl ak\sewer. dsg
Enclosures
Authorization to Proceed: (Please indicate the project approved for design)
Accepted this day of 1995
Title:
November 13, 1996
Page 2
5 D-5
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Opinion of Probable Cost for
Diamond Circle Street
Reconstruction Job No. 001-227
1) Reconstruct with new reinforced concrete pavement - saw cut around existing driveways
and leave them in place.
7625 x 31 / 9 = 26,264 S.Y.
26,264 S.Y. 5" Reinforced Concrete Pavement
@ $16.00 =
$ 420,224
26,264 S.Y. Remove Existing Concrete
@ $ 8.00 =
210,112
27,960 S.Y. Stabilized Subgrade
@ $ 3.00 =
83,880
SUBTOTAL
$ 714,216
10% CONTINGENCIES
71,422
10% ENGINEERING & SURVEYING
71,422
TOTAL
$ 857,060
2) Mill edges and install 2" HMAC overlay leaving existing curbs
7625 x 27 / 9 = 22,875 S.Y.
Mill Edges
$ 15,000
22,875 S.Y. Petromat Fabric
@ $ 2.00 =
45,750
22,875 S.Y. 2" HMAC Overlay
@ $ 4.00 =
91,500
3,600 S.Y. Spot Repair Failed Subgrade
@ $24/S.Y. =
86,400,
SUBTOTAL
$ 238,650
10% CONTINGENCIES
23,865
ENGINEERING
15,000
TOTAL
$ 277,515
3) Saw cut 2' from back of curb, remove 27' of existing pavement and replace with 6"
HMAC pavement.
22,875 S.Y. Remove Existing Cone. Pvt.
@ $ 8.00 =
$ 183,000
22,875 S.Y. Stabilize Subgrade
@ $ 3.00 =
68,625
22,875 S.Y. 6" HMAC Pavement
0111.00 =
251 625
TOTAL CONSTRUCTION COST $ 503,250
10% CONTINGENCIES 50,325
ENGINEERING 15.000
TOTAL $ 568,575
5 D-6
4) Saw. cut 2' from back of curb, remove 27' of existing pavement and replace with 5"
f� reinforced concrete pavement.
22,875 S.Y. Remove Existing Cone. Pvt. @ $ 8.00
= $183,000
22,875 S.Y. Stabilized Subgrade @ $ 3.00
= 68,625
22,875 S.Y. Install 5" Reinforced Cone. @ $16.00
= 366,000
TOTAL CONSTRUCTION COST
$ 617,625
10% CONTINGENCIES
61,763
ENGINEERING
15,000
TOTAL
$ 694,388
5) Remove and replace existing concrete pavement in failed areas
(assume 40%). No
improvements on remaining area..
9,150 S.Y. Remove Existing Cone. Pvt. @ $ 8.00
= $ 73,200
9,150 S.Y. Stabilize Subgrade @ $ 3.00
_ 27,450
9,150 S.Y. Install 5" Reinforced Conc. @ $20.00
= 183,000
TOTAL CONSTRUCTION COST
$ 283,650
10% CONTINGENCIES
28,365
ENGINEERING
15,000
TOTAL
$ 327,015
F:IWORD\SOUTHLAK\227T.OPFMON.CST
5 D-7
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City of Southlake, Texas
MEMORANDUM
November 15, 1996
TO: Curtis E. Hawk, City Manager
FROM: Ron Harper, City Engineer
SUBJECT: Authorize the Mayor to Execute an Interlocal Cooperation Agreement of the
North Texas GIS Consortium for Geographic Data Acquisition and
Maintenance with the City of Southlake
BACKGROUND
In 1995, the City of Southlake entered into an Interlocal Agreement with the North Texas GIS
Consortium in order to acquire geographic data and to provide for regular maintenance and
updates of this data. The initial aerial photograph and resulting digital data was developed in
1994.
The Consortium is currently preparing for its first update of data and has requested that the City
sign this agreement for the costs associated with this. update. The proposed cost to the City. for.
this update is $1,350.00. These cost were requested and approved in the FY96-97 Budget. This
expenditure will allow the City to continue with the implementation of it's GIS Program.
COMMENTS
Staff requests t at this item be placed on the November 19, 1996 Regular City Council Agenda
f ity Cq il's consideration.
attachments: The Bruton Center Letter dated 09-24-96
agreement
5E-1
THE BRUTON CENTER
FOR DEVELOPMENT STUDIES
�iLIRMAN
i Briggs, Ph.D.
September 24, 1996
Ms. Melinda Polley
GIS Specialist
CITY OF SOUTHLAKE
667 N. Carroll Avenue
Southlake, TX 76092
Re: North Texas GIS Consortium
Annual Maintenance Subscription Program/ FY 1996-97
Dear Ms. Polley:
EXECUTIVE DIRECTOR
Paul A. Waddell, Ph.D.
Per my phone conversation yesterday with Ron Harper, enclosed are the replacement agreements for the
renewal of participation in the GIS Consoritum for FY 1996-97. (The two documents are an Attachment
C.B to the Maintenance Agreement, which would amend and update.your existing agreement; as well as a self-contained agreement which could be used to replace the original agreement entirely.) . As I
mentioned to Ron, these agreements have been slightly revised based on recommendations from our
system attorneys. in Austin. I believe you will find that the modifications are minimal, and hopefully,
this will not be too great an inconvenience.
Sincerely,
Anita L. Walker
Administrative Assistant
/alw
Enclosures
T( /iiversity of Texas at Dallas AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION UNIVERSITY
B _ 688, GR 3.1
Richardson, TX 75083-0688
PH: 214/ 883-2088
FX: 214/ 883-2735
5 E-2
INTERLOCAL COOPERATION AGREEMENT
of the
North Texas GIS Consortium for
Geographic Data Acquisition and Maintenance
THIS AGREEMENT, having an effective date of October 1st, 1996, is made and entered into by and
among the following parties:
The University of Texas at Dallas, a component institution of the University of Texas System which is
an agency of the State of Texas, hereinafter referred to as the Sponsor, having as its principal contact
and address for purposes of this Agreement, the Bruton Center for Development Studies, Box 830688,
GR 3.1, Richardson, Texas, 75083-0688;
North Texas Geographic Information System (GIS) Consortium, hereinafter referred to as the
Consortium, having as its principal contact and address for purposes of this Agreement, the Bruton
Center for Development Studies, Box 830688, GR 3.1, Richardson, Texas, 75083-0688;
AND
of SQ"+hl ake hereinafter referred to as the.
Participant, a municipality duly organized and.existing under the laws of the State of Texas, having as
its principal address for purposes of this Agreement, 667 N. Carr011 Avenue
t
C
WITNESSETH THAT:
WHEREAS, the Sponsor on behalf of the Consortium, has created and is maintaining aregion-wide. digital
database to support geographic land base development and other GIS implementation activities; and
WHEREAS, the Participant desires to retain and freely userwithin. its oiganizahon a copy of the database and
any. updates, as herein defined, and the Consortium is willing to grant the right to such use, subject to the terms and
conditions set forth in this Agreement;
NOW, THEREFORE, in consideration of mutual covenants and agreements contained herein, each of the
parties hereto, intending to be legally bound hereby, covenant and agree as follows:
Article I. Purpose of this Agreement
1.1. To establish basic operational conditions for the maintenance of a digital database by which participants
entering into this Agreement with the Sponsor are bound.
1.2. To specify conditions and arrangements as fare. appropriate for a.Participanes procurement of thedigital<
database, explicit terms are described in Attachment A. This Agreement'includes.Attachment A, and as the same; may be`
supplemented or amended from time to time in accordance with the terms hereof.
part-02.agr
Page 1 of 5
513-3
Article H. Database Specifications
2.1. Digital orthophotography with 0.5 meter pixel resolution shall be produced from photography acquired from P b P Y q
a controlled aerial survey. The digital orthophotography shall have a horizontal root -mean -square -error equal to or less
than 1.0 meter. The horizontal accuracy requires that two-thirds of all photo -identifiable points fall within 1.0 meter and 90
percent of all photo -identifiable points fall within 2.0 meters.
2.2. Street centerlines, railroads, and water bodies are a vector planimetric database. The vectors shall be
developed as part of the digital orthophotographic rectification process and as such represent vector data with np attributes
attached. The vectors shall be positionally accurate to the underlying digital orthophotographic base with horizontal
accuracy as described in Section 1.
2.3. Where requested, the optional Digital Elevation Model (DEM) shall be generated from the photography. The
DEM has 90% of the points vertically accurate to within 1.0 meter. This will allow the creation of topographic maps that
accurately depict 2.0 meter contour intervals. The DEM shall consist of 3-D break lines and spot elevations.
2.4. Where .requested the optional street edges data shall be captured as vectors with no attributes attached. The
vectors shall be positionally accurate to the underlying digital orthophotographic base with horizontal accuracy as
described in Section 1.
2.5.. The raster.and vector database shall be transmitted via on-line access or CD-ROM. Production of CD-
ROMs, where requested, shall- involve an additional processing fee in the amount of $50 per CD-ROM.
Article M. Geographic Coverage
3.1. The database acquisition project covers approximately 3,000 square miles and includes Dallas and Tan -ant
Counties, and portions of Collin and Denton Counties, Texas. The project areas are subset into map tiles, each of which is
12,000 by 8,000 feet.
3.2. The list of map tiles applicable to this Agreement is provided in Attachment A, entitled Geographic
Coverage, which is attached hereto and incorporated by reference herein. .
Article IV. Database Maintenance and Enhancement
4.1. The Consortium Executive Committee shall establish methodology for database update and enhancement.
An annual workplan for the Consortium shall be developed and adopted by the Executive Committee. The workplan for
fiscal year 1996-97 includes updating the digital orthophotography and vector layers for street centerlines, street edges, and
implementation of an on-line spatial data warehouse. Extension of the database to cover a larger portion of Collin and
Denton Counties is also planned for FY 1996-97.
4.2. The Consortium Executive Committee shall assess an annual subscription fee to each Participant for support
of the ongoing maintenance, update, and enhancement of the database. For the 1996-97 fiscal year, the subscription fee has
been set at $100 per map tile. Accordingly, the specific cost to the Participant is based on the geographic coverage which is
more particularly set forth in Attachment A hereto. However, for geographic coverage no greater than a single county, the
subscription fee shall not exceed a maximum amount of $25,000 for a Participant; and for geographic coverage greater
than a single county, the subscription fee shall not exceed a maximum amount of $35,000 for a Participant.
4.3. The subscription fee is based on a planned two-year cycle for update of the database, although this schedule
is subject to annual review by the Executive Committee. Should a participant terminate its participation in any given year,
p
Page 2 of 5
art-02.agr
5 E-4
said participant shall be charged a cumulative two-year subscription fee for access to updates at such time as they initiate a
new maintenance agreement. However, the cumulative fee shall. not exceed a two-year fee, even if an organization elects
not to participate for longer than one year.
4.4. Initial payment of the subscription fee is due within sixty (60) days of the effective date of this agreement,
which is October 1, 1996; and thereafter, the subscription fee shall be paid within sixty (60) days of October 1st in each
successive year. Payment shall be made to the North Texas GIS Consortium/UTD.
4.5. During fiscal year 1996-97, an on-line spatial data warehouse is planned for implementation, and will serve
as the primary clearinghouse for sharing data among Participants. The Participant will be given an account to access the
clearinghouse once it is operational, and the account will remain active so long as a maintenance agreement is in effect.
Article V. Term
S.I. The term of this maintenance agreement shall have an effective date of commencement of October 1, 1996,
and shall continue until such time as any of the parties hereto elect to terminate the agreement. Such termination shall
require formal written notice to all other parties hereto and shall be made no less than thirty (30) days prior.to the expiration
of the annual subscription period for maintenance. which is currently in effect
5.2. The term of the subscription fee shall be for a 12-month period beginning on October 1st of any given year.
Article Vl. Data Copyright and Distribution
6.1. The Sponsor, acting as business representative for.the Consortium; shall, retain ownership of Copyright of the
digital geographic database defined herein.
6.2. Sponsor grants to Participant the non-exclusive, p on excluswe. right to retain and freely use within its organization copies of
the digital database.
6.3. The Participant agrees to protect the digital database from any reproduction and distribution beyond the use
specifically authorized herein. Distribution to a Participanrs sub -contractor is authorized; however, the third party must
enter into a Copyright Agreement with the Sponsor prior to receipt of the digital database.
6.4 Participant shall place appropriate copyright notices on any and all derivative wo
digital geographic database. rks of the database which
the Participant may sell or distribute. Such notices shall acknowledge the Consortium as the owner of the.copyright on the
Article VH. Liability
7.1. Neither the Sponsor, the Participant, nor any, member of the Consortium shall be held liable for direct,
indirect, special, incidental or consequential damages which arise or may arise from the use of this database by any person
or entity.
.7.2• The Participant shall indemnify and Bold harmless the University and its officers, agents, and employees
from all claims, demands, liability, and judgements for the injury or death of any person or damage to rots
rty that or indirectly results from the intentional or negligent act or omission of the Participant, its officers, agents employees, or
contractors in the performance of this Agreement.
part-02.agr
Page 3 of 5
5 E-5
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Article VM. Entire Agreement
8.1. This Agreement and Attachment A, which is incorporated by reference herein, constitute the sole and entire
agreement of the parties as to the matter set forth herein.
8.2. The terms of this Agreement, including Attachment A, shall not be waived, altered, modified, supplemented,
or amended in any manner except by written instrument signed by an authorized representative of each party; nor shall any
such amendment affect the rights of the Consortium without consent from the Consortium Executive Committee.
8.3. The Participant shall be considered a member of the North Texas GIS Consortium upon execution of this
Agreement. Should the Participant at any time withdraw its membership in the Consortium, the Participant retains the right
to use the database in perpetuity, subject to the copyright, liability, and distribution terms set forth in this Agreement
provided that the withdrawing Participant has paid all sums due to the Consortium.
8.4. The signature below of an authorized representative acknowledges that the Participant has read this
Agreement and agrees to be bound by terms and conditions set forth herein.
part-02.agr
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of
1996. y
PARTICIPANT: _ City of ,9Quthlake
(Organization)
BY:
Name (Print):
Title (Print):
SPONSOR: University of Texas at Dallas
BY:
Name: Robert L. Lovitt
Title: Vice President for Business Affairs
CONSORTIUM: North Texas GIS Consortium
BY:
Name: Paul A. Waddell
Title: Executive Director - The Bruton
Center for Development Studies
Page 4 of S
5 E-6
ATTACHMENT A
GEOGRAPHIC COVERAGE
As part of the Agreement between the University of Texas at Dallas ("Sponsor"), Tha f'.i ter
^f �ttthlakF� , ("Participant"), and the North Texas GIS Consortium ("Consortium")
for the maintenance of a geographic digital database, this Attachment A sets forth the terms and conditions as are
appropriate for the Participant's procurement of their requested portion of the regional database.
i"
Section 1. Subscription Fee
1.1 The subscription fee for the 13 map tiles specified in Section 2.1 hereinbelow is the sum
of $1300 00 for fiscal year 1996-97.
1.2 The processing fee for CD -ROM's containing the. 13 map tiles specified in Section 2.1,
if requested, would be sum of _ $ Sp , 00
1.3 . Initial payment of the subscription fee shall be made within sixty (60) days of the effective date of this
agreement, which is October 1, 1996; and thereafter, the subscription fee shall be paid within sixty (60) days of October 1st
in each successive year. Payment shall, be made to the North Texas GIS Consortium/ UTD.
Section 2. Geographic Coverage
2.1 The Participant agrees to pay an annual subscription fee for the digital orthophotography with accompanying
C vector database, which includes street centerlines, railroads and water bodies, for 13 • map tiles, each of which
12,000 by 8;000 feet. The following list specifies map tiles included in this Agreement:
23767050
23647042
23767042
23887042
23647034
23767034
23887034
23647026
23767026
23887026
23647018
23767018
23887018
Page 5 of 5
�,drt-02.agr
5 E-7
ATTACHMENT B
to the
INTERLOCAL COOPERATION AGREEMENT
of the
North Texas GIS Consortium for Geographic Data Acquisition
MAINTENANCE AGREEMENT
THIS AGREEMENT, hereafter identified as Attachment B, having an effective date of October Ist, 1996,
is made and entered into by and among the following parties:
The University of Texas at Dallas, a component institution of the University of Texas System which is
an agency of the State of Texas, hereinafter referred to as the Sponsor, having as its principal contact
and address for purposes of this Agreement, the Bruton Center for Development Studies, Box 830688,
GR 3.1, Richardson, Texas, 75083-0688;
North Texas Geographic Information System. (GIS) Consortium; hereinafter referred to as the
Consortium, having as its principal contact and address for purposes of this Agreement, the Bruton
Center for Development Studies, Box 830688, GR 3.1, Richardson, Texas, 75083-0688;
AND
C Tht- Ci ty nf gn1ithl ako hereinafter referred to as the
Participant, a municipalityduly organized and existing under the laws of the State of Texas, having as.
its principal address for purposes of this Agreement, 667 N. Carroll Avenue
Split
a P TX 7FiCKJ9
for the maintenance of a geographic digital database.
WITNESSETH THAT:
WHEREAS, an agreement was previously made among the parties, hereinafter "Previous Agreement", which
agreement is more particularly identified as that certain agreement dated 10-1-95
entitled "Interlocal Cooperation Agreement of the North Texas GIS Consortium for Geographic Data Acquisition"; and
WHEREAS, the parties desire to make relevant modifications which will update. and supplement the terms of
the Previous Agreement;
NOW, THEREFORE, in consideration of mutual covenants and agreements contained herein, each of the
parties hereto, intending to be legally bound hereby, covenant and agree as follows:
Section I. Maintenance Agreement
. 1.1 Purpose. This Attachment B shall modify and supersede, in pertinent part, the Previous Agreement and
�shall specify the terms and conditions whereby the Participant may procure updates to the database, and on-line access to a
patial data warehouse to be developed by the Sponsor.
part-OS.att
Page I of 4
5 E-8
1.2 Control. This Attachment B shall supersede the Previous Agreement with respect to any and all issues
which are addressed in Attachment B. However, as to those issues which are not specifically addressed herein, the
Previous Agreement shall remain in full force and effect.
1.3 Process. The Consortium Executive Committee shall establish methodology for database update and
enhancement. An annual workplan for the Consortium shall be developed and adopted by the Executive Committee. The
workplan for fiscal year 1996-97 includes updating the digital orthophotography and vector layers for street centerlines,
street edges, and implementation of an on-line spatial data warehouse. Extension of the database to cover a larger portion
of Collin and Denton Counties is also planned for FY 1996-97.
1.4 Term of Agreement. The term of this maintenance agreement shall have an effective date of
commencement of October 1, 1996, and shall hereby extend the Previous Agreement, and shall continue until such time as
any of the parties hereto elect to terminate the agreement or the subscription fee is not paid. Such termination shall require
formal written notice to all other parties hereto and shall be made no less than thirty (30) days prior to the expiration of the
annual subscription period for maintenance which is currently in effect.
Section 2. Subscription Fee Structure
2.1 Term of Subscription. An annual subscription fee shall be paid by the Participant to support the
ongoing maintenance, .update, and enhancement of the database. The term of the subscription fee shall be for a 12-month
period beginning on October 1st of the given year.
2.2 Intermittent Participation. The subscription fee is based on a planned two-year cycle for update of the
database, although this schedule is subject to annual review by the Executive Committee. Should a participant terminate its
participation in any given year, said participant shall be charged a cumulative two-year subscription fee for access is
C updates at such time as they initiate a new maintenance agreement. However, the cumulative fee shall not exceed a two-
year fee, even if an organization elects not.to participate for longer than one year.
2.2 Fee Schedule. For the 1996-97 fiscal year, the subscription fee has been set at $100 per map tile.
Accordingly, the specific cost to the Participant is based on the geographic coverage which is more particularly set forth in
Section 4 hereinbelow. However; for.geographic coverage no greater than a single county, the subscription fee shall not
exceed a maximum amount of $25,000 for a Participant. For geographic coverage greater than a single. county, the
subscription fee shall not exceed a maximum amount of $35,000 for a Participant
2-3 Distribution of Data. The raster, and vector database shall be transmitted either by on-line access or
CD-ROM. Production of CD-ROMs, where requested, shall involve an additional processing
CD-ROM. fee in the amount of $50 per'
2.4 Payment Schedule. Initial payment is due within sixty (60) days of the effective date of this agreement, '
which is October 1, 1996; and thereafter, the subscription fee shall be paid within sixty (60) days of October 1st in each
successive year. Payment shall be made to the North Texas GIS Consortium/=.
2.5 Fee for Fiscal Year 1996-97. The subscription fee for the 13 map tiles specified in.
Section 4 is the sum of $1300.00
for fiscal .year 1996-97.
2.6 Processing Fee. In the event CD-ROMs for the data are, requested, the processing fee covering the
13 map tiles specified in Section 4 would be the sum of $50.00
part-05.att
Page 2 of 4
5 E-9
Section 3. On-line Account
During fiscal year 1996-97, an on-line spatial data warehouse is planned for implementation, and will serve as the
primary clearinghouse for sharing data among Participants. The Participant will be given an account to access the
clearinghouse once it is operational, and the account will remain active so long as a maintenance agreement is in effect.
Section 4. Geographic Coverage
The Participant agrees to pay an annual subscription fee for digital orthophotography with accompanying vector
database which includes street centerlines, railroads and water bodies for 1.11 map tiles, each of which is
12,000 by 8,000 feet. The list which specifies the map tiles included in this Agreement is attached hereto as Exhibit 1 and
is incorporated by reference herein.
Section 5. Authorization
The signature below of an authorized representative acknowledges that the Participant has read
this Agreement and agrees to be bound by the terms and conditions set forth herein.
IN WITNESS W.EEREOF, the parties hereto have executed this Agreement on the
1996.
PARTICIPANT: City of Southlake
(Organization)
BY:
Name (Print):
Title (Print): _
SPONSOR: University of Texas at Dallas
BY:
Name: Robert L. Lovitt
Title: Vice President for Business Affairs
CONSORTIUM: North Texas GIS Consortium
BY:
Name: Paul A. Waddell
Title: Executive Director - The Bruton
Center for Development Studies
part-OS.att
Page 3 of 4
day of
5E-10
EXHIBIT 1
GEOGRAPHIC COVERAGE
As part of the Agreement between the University of Texas at Dallas ("Sponsor"), rite of
G,,,thl aka ("Participant"), and the North Texas GIS Consortium ("Consortium")
for the maintenance of a geographic digital database, this Exhibit 1 specifies the map tiles which are included in this
Agreement:
23767050
23647042
23767042
23887042
23647034
23767034
23887034
23647026
23767.026
23887026
23647018
23767018
23887018
part-OS.att
Page 4 of 4
5E-11
City of Southlake, Texas
MEMORANDUM
November 15, 1996
TO: Curtis E. Hawk, City Manager
FROM: Billy Campbell, Director of Public Safety
SUBJECT: Award of Bid for Police Cars
Attached are the Bidders Lists received on three 1997 Chevrolet Camaro police pursuit vehicles and
two 1997 Chevrolet Tahoe 4DR specialty utility trucks. The bid process was utilized because the
usual avenue of bidding through Houston -Galveston Area Council of Governments and the State of
Texas did not provide for the needs of our agency. The State bid will not be let until December,
which would set the whole process back by 90 days, and neither the State or HGAC expect police
pursuit vehicles this year. We elected to bid in the General Motors arena because we were informed
by Ford that they will not extend warranty on their Explorers at this time, and it is not in the best
interest of this Department nor the Taxpayers to purchase vehicles without extended warranty.
All vehicles are within the budget figures presented and described in the 1996-1997. Budget
document. Life expectancy for these vehicles, if properly maintained, is six to seven years with the
agency. We bid for three pursuit vehicles because Forest Hill wants to piggyback on our bid process
and, within the next 90 days, I will be forthcoming with an Interlocal Agreement between Forest Hill
and our agency. This process will allow Forest Hill to pay the City of Southlake the bid price for
their vehicle and we will pay for all three vehicles. This is a common accepted and legal practice
between governmental entities.
The Camaro pursuit vehicles will be used for the traffic unit and the 4DR Tahoe utility trucks will be
for the Public Safety Officers to use for patrol purposes and they will provide enough area to keep
equipment on hand to respond to any emergency from the field. All vehicles were spec'd with the
extended warranty.
It is our understanding that all major automobile manufacturers will be discontinuing their large police
cruiser type vehicles and will be opting in favor of the smaller front -wheel drive automobiles. Most
emergency response agencies have negative experience with the front wheel drive automobiles and
I believe we will see more of the utility type vehicles being phased into emergency response work.
We recommend that the following be placed on the Consent Agenda:
1) Purchase of three 1997 Chevrolet Camaro Police Pursuit Coupes from Classic Chevrolet at
a cost of $21,476 each, and one to be reimbursed by the City of Forest Hill.
2) Purchase of two 1997 Chevrolet Tahoe 4DR Utility Trucks from Classic Chevrolet at a cost
of $28,725 each.
G
BC/bls
5- - F - I
BIDDER'S LIST
Police Pursuit Vehicles and Police Utility Vehicles
for
City of Southlake Department of Public Safety
November 12, 1996
10:30 a.m.
l
r)
CITY OF SOUTHLAKE
667 N CARROLL AVE
SOUTHLAKE TX 76092
ATTN: DAISY MAE JACKSON
RE: BID ON CAMARO PURSUIT CAR & UTILITY TRUCKS
MS. JACKSON,
PER YOUR REQUEST, WE ARE BIDDING THE FOLLOWING VEHICLES WITH ANY
EXCEPTIONS AS NOTED AT THE FOLLOWING PRICES:
1997 CHEVROLET CAMARO POLICE PURSUIT COUPE
$21476.00 EACH
$64428.00 3@
1997 CHEVROLET TAHOE 4DR UTILITY TRUCK
$28725.00 EACH
$57450.00 2@
CDELIVERY OF THESE VEHICLES WOULD BE 60 - 90 DAYS ARO. F.O.B. SOUTHLAKE
AND PAYMENTS TERMS WOULD BE 0% NET 30 DAYS. IF YOU HAVE ANY QUESTIONS
CONCERNING THIS BID, PLEASE FEEL FREE TO CONTACT ME.
SINCERELY,
yz'o��
BOB NOONAN
FLEET MANAGER
CLASSIC CHEVROLET INC
11/6/96
5-F-3
1101 SH 114 • Box 1717 • Grapevine, TX 76099 • (817) 421-1200 • Metro (817) 481-0200 • (800) 259-1200
11-05-1996 11:40AM FROM SOUTHLRKE DPS
:
i
�
4217284 P.11
Y'I1!0-t 96 ;• I i
CITY OF SOUTHLAKE j {
EQLT"IviBNT SI'ECiFIA' ONS
{
POLICE PURSUIT UNIT 1; ;
! .0 16' ON PLETE PVERY SPACE IN THE BIDDER'S PROPOSAL; COIrUMN.
TO
{ F UNG AN ITEM EXAC °Y ;A S SPECIFIED, YES SHOULD l3E E]}7ME1
' k 13 •OFFERING AN ITEWA RICH WILL NOT FULL 6OMPL Y WiTH' .
TFM ITEM BEING OFF D AND ITS DE VIATI6. FROM SPL' W-1C
CL • • Y i ESCRIBBO.: SPP CES ASKINQ FOR ADDITIONAL INk'QR�rIA'� r 7N
�,.10 ''LzTED. CURRENT LITERATURE- AND SPECIFICkTIONS , i ST; !
:
i E3I1 .' FAILURE TO COMPLY WILL BE GiKOUNDS FOR DISQ•UAL! ICA.TI N' F `
.SSBNCE. DELIVERY TEE AND SCHEDULING IS. quTIOA1! ;A� ' LL E
113
D IN EVALUATION OF BIDS ND AWAR6ING OF CONTAACT/�URCI�AS"�
y Cu 'eht Year Madel, Md:SXze Two Door Sedan.; To Hare Gesoline Engine,: ;
+ tie, �Au'�o Safi
r21, pow r Ste,enuig,, Power Drakes, 'r Conditioning, A,nd Police 'eifb na c_e Pa&a0, .� i
.d P'or ike'Patrol' On Munoz al 1pghways Wlth ITigh Speed �"�isiiit Requir Yrients,•1(.ro t•
d'Nzt Auice p.
tk. W)
'ION
.;,I'RP ,
Ca.s iio* $ cylinder j
302 CI•(n in:) STATE' SIZEL7
:.2I SAE ( ) ( STATP, BR.
j 1 AT K?M ! %`7
I
;
'i TOPWE,: 300-Ft. Lbs. (min.) , STATE:. TORQUE � i
AT RPM
Oil I oler: air/oil type, installed `.n-line after oil filter ;
11-05-1996 11:41AM FROM SOUTHLAKE DP
Eliiau�st:�
lave restriction, dual
:Siuressing.ignition tell
mission: 4 speed automat
I to
'D.! evil it �zianual over -ride of f
Oil
;oier: air/oil type, install
,i
II
filth;.
%i •;:
i 0;' i'
i
i
H
duty'.lower control arm
'4
I•He
ivy; .duty, gas pressurizer) stn
el!power steering with
Sp
: 's lee or. coil I
Rati
; :'.3.23 to 1 (approx.) ,
i •'
i ; ; . •
1
� �
ajxX0: limited -slip
.
;;
He
: duty ssway bar
li3
: d -• pressurized sh
ttil
i �'� •' `
: t : ` :
I� � f
r.,' el� u ng, hydraulic, syste
.: i
;
jSt
atrtt� ock deign
'
�j
I)�is
.0 disc�drum combination
du#y;, semi- metallic limn
arli ;bral�e: Cable operated
.
�I
I I
Uni
.qcy?rotlsfirueti n
a wit' r
i .!
I
jelase:41" (approx.) .
•
I; Roa
I;
�.
S TO 4217284 P.12
' I
j 1
system
Ic with overdri�re and low jean - loch-oux `
automatic shift STAB YPE T
in -line after ail ;
assembly/swaybar
its. or shocks I
e cternal cooler
1 1
i
!
STA' 'EITYPE
j STAfiEIPUA 'ZO 1 �;
j
A.
k' absorbers
with power asand
I .
ith manual feliease j
arced front or plan
STATE �ENGTK . {
STAGE PYSTANCE 6!
':
11-05-1996 11:41AM FROM SOUTHLAKE DPS
TO 4217284 P.13
I
5
I ; Cas,
It- alu*um, tubeless, 4 hole
!
....T..
•
Siz
I� Q A o
it
! I
i !.Qu
(
ntity; 4
! �,
I
I
P 2i56
R' 16. black -wall,` higktuay
tread, pal;ce pursuit steel
belled.
radial, certified for vehi
es estimated top speed I
;
[Qui
ntity 4
T-Yi
h capacity systemfor sever
service applications
I
Co
lint recpvery system, fact
installed
I I Par
to have.shroud and theore�atic
or viscoos drive 1
i i
Siltr'+ooe
radiatorfheater hoses *ith
worm. drive hose clamps
i
.on
di'Oollnections
i
I
'
I
I
Au
fan
I'laryr fan: 12 volt, theimosiatically
i
o;.be! installed in cbn uncti
�•
controlled, electric i
>n with standard fan
!,
it
II ; I ; `
II j CaTafy
.1 gallons (approx.)
S'T'ATE CApACM'
' •' :`
! 12
I•
bit system With -one --maintenance
� i
free beery: �
1 ;
I
y
:' l
it , ..ii I•
y • ' ; ' I
I i
.� i �aer5►
I
i
capl.: 650 CCA{appra
!
� I
} S'fTB CAPA.Ci
� � !
"•
i i Alt
! rtiWr capacity;
4.lal�.
speed: 50 amps
.) STATE C•APA.CIT
0�
i!
Above•idle: la(► amps
.) ' . STATE
I
regulator:
j1
j I Vo
f4ge operable at
125 deg. ambient temp..
H
'•dligl ts:; quartz-hAlogen
{
Uzi
: r ho4ca go. compaitmE
t courtesy.lamps
.I
I
'
11-05-1996 11:42AM FROM SOUTHLAKE DPS
. I
i;
Ali
TO 4217284 P.14
Rexoote
tru&lhatch releas6:
b ;mounted, right of steering
j
±
I i wheel;
not in glove box, operable
ionly where igrd ion swi Ch ; i
✓ ! !
list
the" oN" pasiiian
V'
iY[{�A.{�O;
,
i
•.i
11 :I is
S' U '
J.
;I I
!' 15
�
nlPt certified police spee jorineterlodoiroeter
I
calibrated.
!
i
in
; increiiaents
!
I'
4i1
!
'ressure: auge with law pressure
light
, .
'W
eta temp:• gauge with high temp,
:
light
!
.
i
Vol
' •amp rriater gauge
• i
�
�
I ;
/
;
I I
quantity gauge
i
✓
'
I ;
�00. j, �:
� + iv. !$,te12 door sedan
Bo y; colori bumpers- front/rear
I
is
! 1
! :
Bo y�Side M, olding - Factory
Du I outside z�i!irrors: lefilright�hand
remote controt 1
!
Fra�nt`Push Buinper: Lectnc Lt�es
AIDS Squall Shield
' ?! I'
I j Re of Ike less Entry/Theft.
arm System
;
{{
1 Collk
Gl r,
'I to or it
j Hel'.ro4m;;
i Fropt: 37" (appra)t.)
STAriTi LENGTH
" 31
i
I '
'� ;i
;� FCeax; 35'` (apprdx:)
$TA,T L 1•TG' i
1 1
?
Le :room:
I
Frbht: •41." (i ppro ;
S'f �"I'� I,ENGThi
j .Rear: 26" •(apprax.)
STATE LFNG'TN
'
Prorit: 56" (appraz.) ?
STATE LEND'
152
!
i Rear: 47" (approx:) I
STAT LENCxT`
s-_ r -7 1
i
5 11:43RM FROM SOUTHLAKE DIPS TO
4217284 P.15
i!
She ilder:room: �f (approx.)
Fxont:53 ox.) I STAB ILENUER
Rear: 44" (approm) 'STATEILENGTH
I
IFro It seit: bucket seats, cloth pholstery (no buttons),
' ad!rest, heavy duty franc springs, and additional padding
adj_ llie
Re8 1 seaj: bench -cloth upholstery (no buttons)
Se sho4lder belts: front/rear
I - ! Flo r cO�eribg:: cut pile carpet.1 Front to have. removable:;
coli r keyed floor inats
• I
Tilt Isteering*wheel ;
1 Doi'rs: iciop.le dame light switches
i
i .I st:lall:passenger doors
Tin ed gkiss.
Da �/Night rear view mirror '
I F16 thrLx. ventilation system I
I ! Flit ical speed' control. - w/re�m. e ;
AN MStereo'radio
I ; Di tal clock
TUL,r, defroster;: air conditio r: factory installed j
El nc, rear window defogger
sit'' window defogger system
Fo er vKinc) ows & door locks ;
Lo kinglIglQve'box
Wi dshiild• washers, wipers: a trio, intermittent
DOlE light
i Ci i zette lighter/ashtray
TO 4217284 P.16
11-05-1996 11:43AM FROM SOUTHLRKE DPS
A*
! 1 ' :I ' ' j:
j i Inside
hoodrelease
Bloe
C
LujaAale
cap.: 12.9 Cu. Ft.:(app,-o-x.)
STATE CAPACITY
C
it ram. i
i ;j:
koo
F C' overipg:'heavy duty:vinyl
r m IftUATI ONISPECIFICATIONS
W H be delivered wit
hqu Teqt W1
valid, 2 year, Texas
A.w.
state inspection sticker
Veh, ,-16 WU'l have 5 yW/100,000
mile, No ddd4ct. factory
I
or wed.. -b�mpdr to bumper i
0% part0abor warranty.
�o.lie attached to bid
li
'an
�Var information cards will
I. on d� or solftething that will
a=mpany tath sides i nv�c�
stiffice as %tWble verification
en or to, supply service manuals
i
I'
ea bt will ifttach fig of opfioEL,
included, but hot specified:which hich
deiet6d i )r creditarid -do
lar value of ' . I
each
I .
Or. will supply a Est of the iehicle
&hiveted
Identifid'ati6n Numberi for
I.;!
he v ihides to th6 C14
prior to delivery
if
ply n=e, unit m
ike/model nurAbd, and literature
t&
'log;
17
WC
eiidd.r Will Service Utfit In
win (Perform1 In. An Acceptable
eservoirs Are To Be' Full.
Accordance.With Factory Re eifti
anner Without Further dj stthents/Modi6*tifdnA.*
ns.: W icf
i
i
��
1'... H
!s Cif Oxigin, Sales Inv c
ice, Signed'Tittle Applidat�6ry
16Abinetir-Stateine"
P52
company Each Unit
)n Delivery To 667 N. CaTiol Ave., S6utf
lakd, T',
11-05-1996 11:44RM FROM SOUTHLRKE DPS TO 4217284 P.17
l i I it i I
f >�y s�md •:�• Z&ANrchase
'Agee T, hat Liquidated Damages• For Failure To Deliver: T- he Goods In ccorda� V�
I ' I Order Will Be As essed In The Amount Of t50.00 Per Day, Per PH e0f
uiP>ench►rnount Is Reasat�able;In L ht Of Anticipated Or ActualHarm Caused B'y Fail :re.
i iliNc greed.11 ! i
' ;gtiicia C ! axicta,S� ,'-If Incurred, Will Be )led cted From In�roice/Contraot Price As Proided Fc r,CTnr
70 f e: Ur''►if rm Commercial C e. I
I
it �• 'j ; i
I ; : PART OF BIDDER TO gOMPLX WITH ANY AND ALL REQ'UEE . P S i
O ITIIS SPECIFICATION ILL SUBJECT HIS BID'4 RErEC'TION. NO°!
T'TP TO OR DEVIATIONS FROM THIS SPECIFICATION �V1Lt.I BE GOASME
I0,NL SS1111i c i CEI'TXON OR DEVIATION IS SPECIFICALLY STATED AS:A PART QF B1
..IEgiTIOI 1rcr1UST BE SPECIFICALLY STATED BY BIDDER AS AN. EEC 'P'fZON
E2 mut i; ;S rAl MENT CONIPLETELX IEFININGXC'TION; OR EXCEPTXQN S 1VIIJ T
I C iF i B6.
Cl ! IAU RILED SIGNATURE I
T
s
1, •
II •-I. � I• I Ij • � '
'I iIf I j I I
I I I 111 I l � i •
` I
1 �I •;
j f ,
I, IIi�II II I � •j
57- F- 10
11 b5-1996 11:33RM FROM SOUTHLAKE DPS TO 42172e4 P.03
Q I
Io
i' .I e w
re #
v.::#±a
it ••I I :•. : � ,
CITY OF BLAKE I;
SFECIICTP E�EpATONS
POIIC'LJTILITY I
VLIHCLE {
i3 D iP j C ,I.VER.Y SPACE THE BIDIjER' S PROP COLZ7Mi.
. D. i • F�Cx;AN ITEM EXACTL AS SPEC IED YES SI QUIrA BE EI�1'TERE
IDEt TS 4PkBRxN AN I'IEN,t WHICH WTI. �1O'F FC�LLYI COiv1PT.'Y WITH',
; ON, � • ITEM BEING OFFERED AND ITS DEVIATYC?i� FROM SPE�ICIFIC
( UI�D O'Ll; Y ] ESCRI iEI�. 'SPACES ASKING FOR ADDITIONAL INFORMAI
'. Cai LETFD: CURRENT I,IT�RArUItE AND SI'ECI�C ATXONS M[�ST
} : • C([ '. I ' B�, p All URE TO COMPLY WILL BE GROUN)]S kICIt i�TSQU A,LIFIL''A
B , I
T. !I : ,,'il$1O . iT SENCE. DELJVERY TIME AND SCHEI ULINGIS:CRITICAI.I AND 1;V:
s i C • Ab . • 11 IN EVALUATION' OF BIDS AND AWARDING OF C4NI'R•ACT/PUJKCHAS9
t
ent Yeai< IVIdde1, Four Do Full Size special Service,Utiliiy Vehicle �vitl Rea;
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11'-05-1996 11:37RM FROM SOUTHLAKE DPS TO 4217284 P.08
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`nuf dtur 's SSta&ment Of Origin, Sales Invoice, Signed Titte Application] Odometer Statement An
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,
A C P ; Bit:ij:
t V. i. 5 Y7, 'IiClItIZED' SIGNATUREilp
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City of Southlake, Texas
MEMORANDUM
November 12, 1996
TO: Curtis E. Hawk, City Manager
FROM: Kim Lenoir, Director of Parks and Recreation
SUBJECT: Parks, Recreation and Open Space Master Plan Update
BACKGROUND
The City is required by the City Charter to update the Parks, Recreation and Open Space.Master
Plan every four years. Texas Parks and Wildlife Department also reviews master plans for extra
points on grants, and requires that the plan be updated every five years. In 1991, the City hired
consultants to prepare the first Parks, Recreation and Open Space Master Plan. In October 1995,
City Council directed the Parks & Recreation Board and city staff would review and update the
master plan as required by City Charter.
PROCESS
The Parks & Recreation Board began work on the master plan in October 1995. The Board has met
in 21 public meetings, held four public hearings, and attended numerous meetings with special
interest groups. The Board held two focus groups and the City Council hired Glass and Associates
to complete a Parks and Recreation Citizen Survey in June 1996. SPIN representatives were given
a copy of the plan in September. Two city-wide SPIN meetings were held with collectively over
200 in attendance.
ISSUES
The master plan is a plan for the ultimate build out of the City. The entire plan is projected to take
30 years to complete. The major change in this plan is the new standard for unimproved open space
was established for city park land to maintain an inventory of all park land to be 50% open space.
This increase is due to the citizen demand for open space to be acquired and saved in perpetuity.
The Parks, Recreation and Open Space Master Plan map includes the Trail System Master Plan
because the trails are such an integral part of the city's park system. Action on the plan does not
include changes to the Trail System Master Plan. The recommended changes will come forward to
the P&Z and City Council early next year.
STATUS
The final plan before you will be recommended to the City Council by a unanimous vote of the Parks
�'&
Recreation Board. It is supported by the majority of all citizens that participated in this process.
City of Southlake, Texas
Attached are the minutes of the October 14, 1996 Parks and Recreation Board Meeting.
( P&Z unanimously approved the plan at their meeting on November 7, 1996. P&Z recommended
no changes.
ACTION REQUESTED
City Council approval of the update of the Parks, Recreation and Open Space Master Plan.
L
r
"UNOFFICIAL MINUTES NOT APPROVED BY PARKS & RECREATION BOARD"
Agenda Item No 6 Bicentennial Park Master PlanPublic Hearing,
Director Lenoir presented the changes to the master plan as discussed during the Thursday, October
10, work session of the Park Board.
Chairman Rod Johnson opened the public hearing.
Allan Coon, 240 Green Oaks Lane - In favor of most of the revisions to the master plan. The new
ballfield replacing the Community Center was closest to his house. He requested that a buffer be
placed between his back fence to the new ballfield equal distance for the current ballfield. MESA
Design determined that the current ballfield was 100' from his back fence.
Chairman Johnson closed the public hearing.
Motion was made to approve the revisions to the Bicentennial Park Master Plan adding a minimum
of 75' buffer and 100' if feasible to be constructed before the development of the new ballfield.
Motion:
Hamilton
Second:
Goldstein
Ayes:
Kendall, Hamilton, Goldstein, R. Johnson, Berman, Jones, Beyer, Scratchard
none
CvNays:
,,Approved:
8-0
Agenda Item No. 7. Parks. Recreation and Open Space Master Plan Update Public Hearing_
Director Lenoir presented the changes to the master plan update as discussed during the Thursday,
October 10, work session of the Park Board.
Chairman Rod Johnson opened the public hearing.
John Levitt, President of the Grapevine/Southlake Soccer Association explained that the Association
has been talking about the need for soccer fields for years including four different Park Boards.
GSSA is in desperate need for an under 12 field by next Fall. He asked that the City look into
developing more fields at Durham until the Bob Jones fields are available.
Chairman Johnson closed the public hearing.
The Board wanted "tennis courts" to be listed apart from "multi -use courts" in the neighborhood
park zones list of facilities.
UParks and Recreation Board Meeting on October 14, 1996 Page 4 of 7
7W_13
"UNOFFICIAL MINUTES NOT APPROVED BY PARKS & RECREATION BOARD"
Motion was made to approve the Parks, Recreation and Open Space Master Plan Update as revised.
Motion: Goldstein
Second: Scratchard
Ayes: Kendall, Hamilton, Goldstein, R. Johnson, Berman, Jones, Beyer, Scratchard
Nays: none
Approved: 8-0
Agenda Item No 8, Consider: Timarron Park Fee Credit
Timarron asked the Board to reconsider their request for 50% credit of park fees for Village "F."
The Board had recommended a 10% credit at the September meeting. Carol Lee Hamilton and
Robin Jones, development liaisons met with Steve Yetts last week to discuss his issues. No one on
the Board felt the additional information provided by Timarron changed their mind about their
earlier recommendation.
Chairman Johnson called for a motion. No motion was made. Recommendation to City Council
from the September meeting remains unchanged.
Agenda Item No. 9. Consider: Amendment to Pepsi Contract for Three Scoreboards for Bicentennial
Park.
Gary Beyer, liaison to youth associations, reported that the Girls Softball Association would install
the foundation and wiring of each of the new scoreboards for Field #1, #2, and #3, and sell
sponsorships on the scoreboards, just like the Southlake Baseball Association had done. There
would be no cost to the City.
Motion was made to recommend the contract to the City Council as discussed by Gary Beyer, noting
that the City would not incur any cost for installation.
Motion: Jones
Second: Scratchard
Ayes: Kendall, Hamilton, Goldstein, R. Johnson, Berman, Jones, Beyer, Scratchard
Nays: none
Approved: 8-0
Agenda Item No. 10. Consider: After -school Program Procedure
Motion was made to table this item until Kathy Schaeffer, Robin Jones and the City Attorney could
meet and discuss.
G, Parks and Recreation Board Meeting on October 14, 1996
Page 5 of 7
11-12-1996 5:28PM FROM SOUTHLAKE COM DEv 8174889370
P. 2
UNOFFICUL MINUTES NOT APPROVED B Y P do Z COMMISSION
1. (Planning and Zoning Meeting, 11-07-96, tape 1, section #120)
3
4 AGENDA ITEM 94. PARKS RECREATION AND OPEN -SPACE MASTER PLAN UPDATE•
5 Parks and Recreation Director Kim Lenoir presented this item to the Commission. She stated that
6 the Parks, Recreation and Open Space Master Plan encompasses the entire City of Southlake. She
7 stated that this plan was fast approved in January 1992 and had S26,000,000 of improvements. In
8 November 1993, the citizens approved the half -cent sales tax and made these improvements a reality.
9 Three (3) projects were first identified as Bicentennial Park Expansion. a large park by Lake
10 Grapevine, and joint use facilities with the school districts. The City Charter requires the Master
11 Plan documents to be updated every four (4) years. Texas Parks and Wildlife also requires that the
12 Master Plans be updated every five (5) years in order to apply for grants for park development. The
13 Parks, Recreation and Open Space Master Plan includes an inventory of existing current facilities
14 and planning criteria for neighborhood parks, community parks, city parks, special purpose parks,
15 and linear parks. The Park and Recreation Board analyzed the population projections for the City
16 of Southlake, reviewed national standards, and completed a citizen survey and focus groups to make
17 conchlsions on this Master Plan. The Board also reviewed the recreational facilities needed by the
18 City. The Board selected the high end of the national standards for baseball fields that are needed
19 and recommended the projected build -out to be twenty-two (22) fields. For the next five (5) years
20 the Board is recommending for the city to acquire all future park land, to maintain a 500/9 open space,
21 to build trails, to build soccer fields, to build baseball fields, to provide access to tennis courts, to
22 expand recreation programs, to build an in -line hockey rink, and to build outdoor basketball courts.
Director Lenoir then displayed the Parks, Recreation and Open Space Master Plan map which also
(` included the Trail System Master Plan. She stated that the Trail System Master Plan is not a part
LS of her request tonight although it is shown on the map. She also stated the ten neighborhood zones
26 shown on the map have been adjusted to encompass the entire city and follow the SPIN
27 neighborhood boundaries.
28
29 Commissioner Edmondson asked if all of the parkland that the city currently owns meets the 50%
30 open space guideline. Director Lenoir stated that because the city has not purchased all of Bob Jones
31 Park, the only park that could be calculated right now is Bicentennial Park and it does not meet the
32 500/9 open space rule. Director Lenoir also stated that it is a goal she hopes to meet in five (5) years.
33
34 Vice -Chairman Potter opened the public hearing. No one in the audience stepped forward to speak.
35 Vice -Chairman Potter closed the public hearing.
36
37 Motion was made to approve the Parks, Recreation and Open Space Master Plan dated October 28,
38 1996.
39
40 Motion: Edmondson
41 Second: Creighton
42 Ayes: Schroetke, Tate, Potter, Edmondson, Murphy, Creighton
43 Nays: None
44 Approved: 6-0
Planning and Zoning Commission Meeting Minutes on November 7,1996 Page 2 of
7% s
Note to file:
Ref: City Council Meeting Packet dated 11/19/96 — Item 7-11�,
Park, Recreation and Open Space Master Plan
The draft copy of the Park, Recreation and Open Space Master Plan presented to Council
and approved at this meeting has been removed from the packet and is available in the
"Studies and Master Plans" cabinet in the City Secretary's Office (cabinet 1, drawer 3)
since the City Secretary never received a final original to keep as an official record.
s,•
DRAFT
October 28, 1996
City of Southlake
PARKS, RECREATION AND OPEN SPACE
MASTER PLAN
Adopted January 1992
Updated and Adopted ? 1996
7A
attachment
d
Agenda Item #7-A Parks, Recreation and Open Space Master Plan
Kim Lenior, Director of Parks and Recreation stated the City
is required by the City Charter to
update the Parks, Recreation and Open Space Master Plan every four years. Texas Parks and
Wildlife Department also review master plans for extra points on grants, and requires that the plan
be updated every five years. In October 1995, City Council directed the Park & Recreation Board
and city staff to review and update the master plan as required by the City Charter.
The master plan is a plan for the ultimate build -out of the City. The entire plan is projected to
take 30 years to complete. The major change in that plan is the new standard for unimproved
open space established for city park and to maintain an inventory of all park land to be 50% open
space. This increase is due to citizens demand for open space to be acquired and saved in
perpetuity.
The Parks, Recreation and Open Space Master Plan map includes the Trail System Master Plan
because the trails are such an integral part of the city's park system. Action on the plan does not
include changes to the Trail System Master Plan. The final plan before Council is recommended
by a ananimous vote of the Parks and Recreation Board. It is supported by the majority of all
citizens that participated in this process.
PUBLIC HEARING: No comments were received by the audience.
C Motion was made to adopt the Parks Open Space Master Plan as presented.
Motion: Martin
Second: Muller
Ayes: Martin, Muller, Moffat, Harris, Evans, Stacy
Nays: None
Approved: 6-0 vote
Councilmember commended the Park and Recreation staff on all the hard work on
the Park Master Plan and noted, it fits in with the new character of the City.
Agenda Item #7-B, Bicentennial Park Master Plan
The Director of Parks and Recreation, Kim Lenior, noted that the City acquired ten acres of land
in 1970 for the first City park. In 1976, a Texas Parks and Wildlife Department grant was
acquired to purchase more land and do some initial improvements. In 1987, the Parks and
Recreation Board approved a master plan for a second phase of improvements to the park. In
1989, the Community Center was donated and moved to the park. In 1995, the City completed
the first major expansion of Bicentennial Park with a new revenue source of the half cent sales tax.
In 1996, the City Council hired Mesa Design Group to work with the Parks and Recreation Board
to update the master plan to include the ultimate build -out for this park.
REGULAR CITY COUNCIL MINUTES OF 11/19/96 MEETING PAGE 6
City of Southlake, Texas
MEMORANDUM
November 12, 1996
TO: Curtis E. Hawk, City Manager
FROM: Kim Lenoir, Director of Parks and Recreation
SUBJECT: Bicentennial Park Master Plan
BACKGROUND
The City acquired 10 acres of park land in 1970 for the first City park. In 1976, a Texas Parks &
Wildlife Department grant was acquired to purchase more land and do some initial improvements.
In 1987, the Parks and Recreation Board approved a master plan for a second phase of improvements
to the park. In 1989, the Community Center was donated and moved to the park. In 1995, the City
completed the first major expansion of Bicentennial Park with the new revenue source of the half
cent sales tax. In 1996, the City Council hired MESA Design Group to work with the Parks &
Recreation Board to update the master plan to include the ultimate build -out for this park.
PROCESS
The Parks & Recreation Board began work on the master plan in April 1996. The Board presented
an initial design to the public at a Town Meeting in May. Since that meeting, the Board has met in
21 public meetings, held four public hearings, and attended numerous meetings with individuals
from the neighborhood, adjacent property owners, and special interest groups. Two city-wide SPIN
meetings were held with collectively over 200 in attendance.
ISSUES
The master plan for Bicentennial Park is a plan for the ultimate build out of the City. The entire plan
is projected to take 15 to 20 years to complete and will include over $18 million of new and
renovated construction. Several issues with this master plan were addressed throughout the public
process, and following is a summary of the concerns and how they were addressed.
NOISE & LIGHTED ATHLETIC FACILITIES - The neighborhood was concerned about the noise
and lights from the athletic facilities near the homes. Solution: New ballfields were moved further
south with substantial landscaped buffers planned to filter noise and lights. The plan proposes
acquisition of more property to the north for additional landscape buffers. All lights will have hoods
to direct the light to the fields and reduce the spill over of light to the neighbors. Lights are on timers
and field use is regulated by annual facility usage agreements with youth associations.
ROAD ACCESS: The plan calls for the major access point to the park to be off of FM 1709. The
i access off of N. White Chapel will be to a satellite parking lot to access the nature and open space
&'A
%.,ny v1 vvuullaRpo Iexas
of the park. Access off of Shady Oaks will access the new facilities planned on the far west end of
the park. A third access point is behind the old Food Lion site to access the young adult facilities
(ie. roller hockey rink, basketball courts and sand volleyball courts). Pedestrian hike and bike trails
will transverse the entire park, as well as, provide an access to the Oak Hill Estates.
LAND ACQUISITION: The master plan designates five tracts of land to be acquired as the land
becomes available. It is not the intent of the master plan to immediately acquire these tracts against
the will of the landowners. The master plan identifies private property that is "desirable" to the City
to compliment and complete the cohesiveness of the park.
OVERHEAD UTILITY LINES: The existing park includes an overhead utility lines on the north
boundary. It is the recommendation of the Parks and Recreation Board that all overhead lines be
buried.
WATER TOWER STORAGE: Several citizens asked that the water tower be maintained as part of
the park. Now that the City has acquired a Public Works site, may items previously stored at the
water tower have been removed. The City will improve the fencing and maintain a majority of the
water tower site as part of the park.
STATUS
The final plan before you will be recommended to the City Council by a unanimous vote of the Parks
& Recreation Board. It is supported by the majority of all citizens that participated in this process.
For citizen comments at the last public hearing, please review the attached minutes of the October
14, 1996 Parks and Recreation Board Meeting.
P&Z unanimously approved the plan at their meeting on November 7, 1996. P&Z recommended
removal of the words "Food Lion" and that the buffer for the new northeastern most field be 100
feet.
The map enclosed is the plan as recommended by the Parks and Recreation Board.
ACTION REQUESTED
City Council approval the Bicentennial Park Master Plan.
rb uy�
KML
��j
"UNOFFICIAL MINUTES NOT APPROVED BY PARKS & RECREATION BOARD"
�\
Agenda Item No 6 Bicentennial Park Master Plan Public Hearin
Director Lenoir presented the changes to the master plan as discussed during the Thursday, October
10, work session of the Park Board.
Chairman Rod Johnson opened the public hearing.
Allan Coon, 240 Green Oaks Lane - In favor of most of the revisions to the master plan. The new
ballfield replacing the Community Center was closest to his house. He requested that a buffer be
placed between his back fence to the new ballfield equal distance for the current ballfield. MESA
Design determined that the current ballfield was 100' from his back fence.
Chairman Johnson closed the public hearing.
Motion was made to approve the revisions to the Bicentennial Park Master Plan adding a minimum
of 75' buffer and 100' if feasible to be constructed before the development of the new ballfield.
Motion: Hamilton
Second: Goldstein
Ayes: Kendall, Hamilton, Goldstein, R. Johnson, Berman, Jones, Beyer, Scratchard
Nays: none
CApproved: 8-0
Agenda Item No 7 Parks Recreation and Open Space Master Plan Update Public Hearing.
Director Lenoir presented the changes to the master plan update as discussed during the Thursday,
October 10, work session of the Park Board.
Chairman Rod Johnson opened the public hearing.
John Levitt, President of the Grapevine/Southlake Soccer Association explained that the Association
has been talking about the need for soccer fields for years including four different Park Boards.
GSSA is in desperate need for an under 12 field by next Fall. He asked that the City look into
developing more fields at Durham until the Bob Jones fields are available.
Chairman Johnson closed the public hearing.
The Board wanted "tennis courts" to be listed apart from "multi -use courts" in the neighborhood
park zones list of facilities.
Parks and Recreation Board Meeting on October 14,1996 Page 4 of 7
UNOFFICIAL MINUXE.S NOT APPA10YEDRYP & Z COMMISSXON
Motion carried.
3 (Planning and Zoning Meeting, 11-07-96, tape 1, section #460)
4
5 AGENDA ITEM #5. BICENTEN -UAL BARK MASTER PLAN:
6 Parks and Recreation Director Kim Lenoir presented this item to the Commission. She stated that
7 the park is now forty-one (41) acres in size. One tract of land the city is considering to purchase is
8 the land north of the current baseball fields. This land would be used to buffer the ball fields from
9 the adjacent homes. Another tract of land is the area behind the bank to the south the for a future
10 youth facility which would house an in -line hockey court, sand volleyball courts and basketball
l l courts. Another acquisition is the commercial land that extends all the way up to the Adventure
12 Alley Playground which would include additional parking, extending the playground, and future
13 tennis courts. A possible acquisition to the west on Shady Oaks Drive would include baseball fields,
14 a recreation center, and an outdoor swimming pool. The main entrance to the park would remain
15 on Southlake Boulevard (F.M. 1709). The road that is currently on North White Chapel would be
16 removed and replaced with a small parking lot. Future access to the park would also be placed on
17 Shady Oaks Lane. Overhead utility lines would be buried and the water tower site would be
18 managed as part of the park.
19
20 Vice -Chairman Potter asked Director Lenoir why the Food Lion name is still listed on this map when
21 it isn't actually owned by Food Lion any longer. She said that was a mistake and that the name Food
22 Lion would be removed.
23
Commissioner Schroetke asked if there is going to be an additional bufferyard to the north of the
baseball fields. Director Lenoir stated that due to resident's concern about the noise of the baseball
26 fields, the Park Board motioned that a minimum of 75' buffer and a maximum of 100' buffer be
27 constructed. Commissioner Schroetke asked if the Commission could motion to have a 100' buffer
28 instead, and Vice -Chairman Potter said yes.
29
30 Vice -Chairman Potter opened the public hearing. No one in the audience stepped forward to speak.
31 Vice -Chairman Potter closed the public hearing.
32
33 Commissioner Creighton asked if the children's play pool shown in the map might instead be a
34 competition pool. Director Lenoir stated the pool as shown is just conceptual in nature at this point.
35
36 Motion was made to approve the Bicentennial Park Master Plan dated October 28, 1996, deleting
37 the name, Food Lion, on the southeast commercial property, and adding a 100' buffer on the north
38 property line south of Oak Hill Subdivision.
39
40 Motion: Murphy
41 Second: Schroetke
42 Ayes: Schroetke, Tate, Potter, Edmondson, Murphy, Creighton
43 Nays: None
44 Approved: 6-0
Planning and Zoning Commission Meeting Minutes on November 7,1996 Page 3 of
7,13-�
F
VIty VI JVUUIIC21w, ICxdS
\` MEMORANDUM
November 12, 1996
TO: Curtis E. Hawk, City Manager
FROM: Kim Lenoir, Director of Parks and Recreation
SUBJECT: Bob Jones Park Master Plan
BACKGROUND
The City acquired 80 acres of the 114 acres of the West Beach Subdivision in November 1994. This
park site was to meet the requirement for a major city park next to Lake Grapevine as described in
the 1991 Parks, Recreation and Open Space Master Plan. In 1995, the City acquired another 17
acre tract of land adjacent to the park on the north side. The City Council named the park Bob Jones
Park. The City Council hired MESA Design Group to work with the Parks & Recreation Board to
master plan this park.
PROCESS
The Parks & Recreation Board began work on the master plan in April 1996. The Board presented
( an initial design to the public at a Town Meeting in May. Since that meeting, the Board has met in
`. 21 public meetings, held four public hearings, and attended numerous meetings with individuals
from the neighborhood, adjacent property owners, equestrian groups, the Grapevine/Southlake
Soccer Association and the Corps of Engineers. Two city-wide SPIN meetings were held with
collectively over 200 in attendance.
ISSUES
The master plan for Bob Jones Park is a plan for the ultimate build out of the City. The entire plan
is projected to take 15 to 20 years to complete and will include over $11 million of new construction.
Several issues with this master plan were addressed throughout the public process, and following
is a summary of the concerns and how they were addressed.
NOISE & LIGHTED ATHLETIC FACILITIES - The neighborhood was concerned about the noise
and lights from the athletic facilities near the homes. Solution: Soccer fields were moved further
south with substantial landscaped buffers planned to filter noise and lights. Only three soccer fields
are proposed to be lighted, and these will be the most southern fields in the park. The City Council
will go through the platting process for this park and restrict lighted areas as outlined on the master
plan. Parking lot lights will be high cut off / low density fixtures and on timers so they will not be
on all night.
TRAILS - The equestrian community was concerned about the safety of the existing equestrian trail
Ion the Corps of Engineers property, if concrete hike and bike trails were built near them. Solution:
The trails in the COE property will be nature / hiking, soft surface trails only. The concrete hike and
bike trail will loop through the park on the City property. Theequestrian trail wil
l also loop around
%.,I %J V%.FU 19 Ql%Q1 117AC10
the north and east side of the park to reduce conflicts with bikes in the main area of the park and
along North White Chapel Road.
ROAD ACCESS: The neighborhood was against the City allowing access down East Bob Jones to
access the east end of the park near the lake. Solution: The recommendation is to maintain the
thoroughfare plan road through Oakwood Estates to access the park. A second access loop road
from North White Chapel Road is proposed through the Corp of Engineers land, noting that this
development will be long term and expensive to build due to the mitigation of trees to be removed.
LAND ACQUISITION: The master plan designates four tracts of land to be acquired as the land
becomes available. It is not the intent of the master plan to immediately acquire these tracts against
the will of the landowners. The master plan identifies private property that is "desirable" to the City
to compliment and complete the cohesiveness of the park.
PARKING LOT AT NORTH WHITE CHAPEL: The master plan designates a circle drive to park
35 cars on the Corps of Engineers property. Questions concerning the design and surface of this
parking lot have been asked. The intent of the Board is that the surface of the parking lot be able to
support emergency vehicles. Concerns about unloading horses on a non -paved surface have recently
arisen. The City staff and Parks and Recreation Board will work with the citizens who have
expressed concerns in the design/construction phase of the project to assure that there are options
for unloading horses on a safe surface at this parking lot.
MAINTENANCE, SAFETY, REGULATIONS: The City recognizes that the expansion of the park
facilities will require additional financial resources on the City to maintain and patrol. Current
ordinances, rules and regulations are in place to address issues that arise in public parks. When the
City leases land from the COE for facility expansion, the City will maintain and patrol the leased
property just as we do city -owned property.
STATUS
The final plan before you will be recommended to the City Council by a unanimous vote of the Parks
& Recreation Board. It is supported by the majority of all citizens that participated in this process.
For citizen comments at the last public hearing, please review the attached minutes of the October
14, 1996 Parks and Recreation Board Meeting.
P&Z unanimously approved the plan at their meeting on November 7, 1996. P&Z recommended
removal of the road access through Oakwood Estates and widen North White Chapel with turn lanes
as needed.
The attached map of the plan is as recommended by the Parks and Recreation Board.
ACTION REQUESTED
City Council approval of the Bob Jones Park Master Plan.
KML
"UNOFFICIAL MINUTES NOT APPROVED BY PARKS & RECREATION BOARD"
Agenda Item No. 4. Public Forum (note that this Item followed item number 6 during the meeting),
Chairman Rod Johnson opened the Public Forum. No comments. Rod Johnson closed the Public
Forum.
Agenda Item No. 5. Bob Jones Park Master Plan. Public Hearing,
Director Lenoir presented the changes to the master plan as discussed during the Thursday, October
10, work session of the Park Board.
Chairman Rod Johnson opened the public hearing.
Donald L. Osley, 4380 Saddle Ridge Road - Spoke in favor of the revised master plan as presented.
Bob Rice, 455 Brooks Court - Concerned about lake access to the far east end of the park going
down Bob Jones Road. The plan called for two other access roads to the east end of the park which
he wanted to be sure were included.
Susan Scott, 9 Sam Bass - Spoke in favor of the revisions to the master plan. She asked if the Park
Board was going to consider removing the hike & bike trail from the Trail System Master Plan? She
has requested that it be removed. Chairman Rod Johnson asked that the item be on the Board's
November agenda for consideration.
Cara White, 84475 Homestead Drive - Spoke in favor of the revisions to the master plan. She asked
that the lights on the fields and parking lots be put on timers so as not to stay on all night.
Bud Schoultz, 4721 N. White Chapel - Asked the Board how the parking lot at the end of White
Chapel would be managed? He requested that a phone be installed for emergencies.
Bill Moore, 4383 Soda Ridge - He thanked the Board for listening to the neighbors and that the
revisions to the plan looked good. He asked what were the stages of construction and time line?
Ray Ellinger, 225 Sam Bass Ridge Road - He spoke in support of the revised master plan. He liked
the idea of the City platting the park and thanked the Board and the planners for looking at the
property so closely.
Terry Gable, 225 E. Bob Jones - Spoke in support of the revised master plan. Thanked the Board
and said he appreciated all of their time and help in designing this park. He asked the Board about
the plans to use water wells for irrigation. Chairman Johnson explained that utilities will be detailed
during the first construction phase.
Parks and Recreation Board Meeting on October 14, 1996 Page 2 of 7
7e-3
C"UNOFFICIAL MINUTES NOT APPROVED BY PARKS & RECREATION BOARD"
Lenora Schoultz, 4721 White Chapel - She opposed the plan to light the parking lot at the end of
White Chapel. (The Board addressed her concerns in the motion.)
Marilyn Miles, 5609 Hensley Drive, Fort Worth - She is related to the park's namesake Bob Jones.
She owns land near Bob Jones Park that is land locked. She is petitioning Commissioner's Court
in November for road access through the park to get to her land. She was opposed to the road shown
on her property and will not sell her property to the City as depicted on the master plan. She stated
that she is filling two buses to attend the January 23, Texas Parks and Wildlife Commission Meeting
to protest the grant application for this park. (The Board addresses her concern about the road in
their motion.)
Bill Sawchuk, PO Box 1895 - Spoke in opposition to the master plan. He did not want to see any
development of roads or facilities in the Corps of Engineer's Walnut Grove Park area.
Richard Anderson, 4552 N. White Chapel - Spoke in favor of the master plan, except he did not want
any lighting or paving at the parking lot at the end of North White Chapel.
Chairman Johnson closed the public hearing.
(71\ Motion was made to approve the revisions to the Bob Jones Park Master Plan adding buffers to the
) North White Chapel parking lot, building all buffers first, ensuring that any lights on parking lots
be low density/high cut off, that the fishing pier return to the plan, that the three tracts designated
as acquisitions not be obtained by eminent domain, that the road on the Miles' property be moved
further south and not be on her property, and that the Board will have liaisons and citizens working
with the Board in the design and construction of all phases of the park construction and management.
Motion:
Jones
Second:
Kendall
Ayes:
Kendall, Hamilton, Goldstein, R. Johnson, Berman, Jones, Beyer, Scratchard
Nays:
none
Approved:
8-0
Chairman Johnson noted that Vicki Johnson was not able to attend the meeting but that she had
asked that her support for the revised master plan be noted.
Cara White, SPIN #1 representative, thanked the entire Board, especially the Bob Jones liaisons,
Sherry Berman and Ronnie Kendall. She stated that she was very excited about the park and thought
it was going to be beautiful. She also want the Soccer Association to know the SPIN #1 would
provide the gatorade for opening day of the new soccer fields.
UParks and Recreation Board Meeting on October 14,1996 Page 3 of 7
7e �
1 1.-12-19% 5 : 29DRt FROM SOtJTF SAKE COM DEV 817A889370 D. A
UNOFFICL4L M,[hrMS. NOT APPROVEU ffY P &. Z COMMISSION
Motion carried.
3 (Planning and Zoning Meeting, 11-07-96, tape 1, section #793)
4
5 AGENDA ITEM #6, BOB JONES PARK MASTER PLAN:
6 Parks and Recreation Director Kim Lenoir presented this item to the Commission. She stated that
7 in 1994, the City of Southlake paid $1,168,000 for the 462 lots in which the city now owns the roads
8 and utilities. The city is continuing to purchase lots as they become available at $2,000 per lot. She
9 stated it will take approximately twenty-five (25) year to build out the entire Bob Jones Park Master
10 Plan. There are three (3) tracts of land that may possibly be purchased in the future to add
11 cohesiveness to the park. The first one is on North White Chapel which would be to add more buffer
12 to the neighborhood. The second tract is a small piece of land in the Corps of Engineer property
13 with a small creek and woods on it. The third tract is on the east end of the park which is in a
14 flowage easement and has limited facilities that could be developed on it. The main access to the
15 park is on North White Chapel. A second access to the park is down Bob Jones Road, through Oak
16 Woods Subdivision, and extending through Mrs. Tucker's property and into the park.
17
18 Commissioner Edmondson asked why the second park loop which will extend through the Corps
19 of Engineers property and require the removal of many trees is really necessary. Director Lenoir
20 stated that the Board has looked at every road option possible and decided that this second loop
21 through the Corps property and the road extending through the Oak Woods Subdivision are the two
22= (2) best options. Commissioner Edmondson asked what these roads are accessing. Director Lenoir
said that they are accessing the far east side of the park which will have picnicking facilities, the
2- lake, and the fishing pier.
25
26 Vice -Chairman Potter asked why the road extending through the Tucker property was necessary.
27 Director Lenoir stated that road is necessary to access the east side of the park.
28
29 Commissioner Schroetke asked if the staging area that is now on the north end of North White
30 Chapel has been moved down further, and Director Lenoir stated that it has.
31
32 Vice -Chairman Potter opened the public hearing.
33
34 Cara White, 4475 Homestead Drive, Southlake, Texas, stated that she uncertain if the Corps property
35 is part of this park. She has attended every meeting regarding this issue as SPIN Representative 41
36 and was told that the Corps property was a separate issue. Director Lenoir responded by saying that
37 in order to lease the Corps property, the city has to have a Master Plan and it is part of the Master
38 Plan to lease the Corps property. Ms. White stated that she is representing Mrs. Tucker regarding
39 her property that continues from Walnut Drive. Mrs. Tucker does not want the road on her property.
40 She said there is ongoing confusion with the home owners as to the road situation. They are told at
41 one point that the road definitely won't be on the Tucker property, and then at the next meeting or
42 two, the road is back on the plans. The neighbors just don't understand what is going on.
41
UPlanning and Zoning Commission Meeting Minutes on November 7,1996 Page 4 of
1 1• 1 2-1996 5: 30Gh1 FRO-1 SWTI SAKE C04 DEV 8174d889370 D. 5
UNOFFICIAL MINUTES 1VOT'APPROVED BYP & Z COMMISSION
Boyd Dollar, 525 Brooks Court, Southlake, Trams, does not think traffic should be directed through
2 a neighborhood as would occur if the road was continued from Walnut Drive. The neighborhood
3 would be impacted tremendously if the road was directed through it. He feels the only entrance to
4 the park should be on North White Chapel Road.
5
6 Richard Anderson, 4553 North White Chapel Road, Southlake, Texas. does not want the road
7 continued from Walnut Road on Mrs. Tucker's property. He is also extremely interested in the
8 parking lot on North White Chapel Road. He thinks what is really needed on North White Chapel
9 Road is a unpaved turnaround, large enough for a fire truck. He is also curious what studies have
10 been completed and what it would take to develop the Corps property. He is certain hydrology
I 1 studies and economic impact studies would be required before the Corps of Engineers would allow
12 the city to develop that land.
13
14 Vice -Chairman Potter closed the public hearing.
is
16 Vice -Chairman Potter asked Director Lenoir if the turnaround/parking lot on North White Chapel
17 Road would be paved. She responded by saying that it would be paved to allow for fire trucks to
18 drive in there.
19
20 Commissioner Edmondson asked if al l of the parking lots will be paved, and Director Lenoir said
21 they would be.
2,--.
Commissioner Schroetke asked if the Corps will take into consideration the amount of flooding that
24 - occurs on the cast portion of their property. Director Lenoir stated that most of the picnic tables and
25 facilities would be outside of the 100 year flood plain and would also be built of a material that could
26 withstand being submerged.
27
28 Commissioner Schroetke asked Parks and Recreation Board Chairman Rod Johnson if there are any
29 plans to bring in sand for the beach area. He stated that there are no plans to bring in sand, and that
30 they intend to use the sand that is already there.
31
32 Commissioner Creighton asked Mr. Johnson if handicapped access requirements will be met in all
33 of the parking lots, and he stated that all of the facilities and parking lots will be accessible to the
34 handicapped.
35
36 Commissioner Edmondson asked what the acreage is on the Corps of Engineers property located on
37 the back portion of the plan. Director Lenoir stated that there is about 250-300 acres. Commissioner
38 Edmondson also asked what type of road they intend to place on the Corps property. Director Lenoir
39 stated that it would be a small, two-lane paved road.
40
41 Vice -Chairman Potter stated that because White Chapel Road is going to be two -lanes, it needs to
42 be shown on the plans or in the text that there is a deceleration lane at the main entrance.
43 Community Development Director Greg Last suggested that there be language added in the text that
44 all turning movements will be accommodated at the intersections on White Chapel Road.
\�j planning and Zoning Commission Meeting Minutes on November 7,1"6 Page 5 of
.1 1- 12- 1 96 5: 30Pt•1 FROM SOUTFLAKE COM DEv 817A889370 P. 6
UNOFFICZAL.WX Tf�JYMAPPROT!ED BY P & Z. COM WSSION
Vice -Chairman Potter stated his opposition to the road going through Mrs. Tucker's property, and
2 Commissioners Murphy and Schroetke agreed with him.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Motion was made to approve Bob Jones Park Master Plan dated October 28.1996, eliminating the
road through the Tucker property and addition of language in the text that all turning movements will
be accommodated at the intersections on White Chapel Road and recommending that City Engineers
conduct a traffic study.
Motion:
Murphy
Second:
Creighton
Ayes:
Schroetke,
Nays:
None
Approved:
6-0
Motion carried.
Tate, Potter, Edmondson, Murphy, Creighton
(Planning and Zoning Meeting, 11-07-96, tape 1, section #2459)
Vice -Chairman Potter called for a recess at 8:28 p.m.
Vice -Chairman Potter called the meeting back to order at 8:39 p.m.
21 Vice -Chairman Potter stated that the applicant for Agenda Item 925, ZA96-90, Rezoning and
72- Concept Plan for Shady Oaks Centre (formerly Southlake Professional Plaza), has requested that
Cthey not be heard until the continuation meeting scheduled for November 14, 1996.
25 AQF.NDA ITEM #7. ZA 96-124, REZONING AND CONCEPT PLAN FOR_CRESTWOOD
26 QFFICE EARL
27 Planner Chris Carpenter informed the Commission that the applicant's request is for the rezoning
28 and concept plan for Crestwood Office Park which is approximately 3.5083 acres situated in the W.
29 W. Hall Survey, Abstract No. 695, being a portion of Tract 3D as recorded in Volume 8564, Page
30 285, D.R.T.C.T. This plan proposes two (2) individual office buildings. The property is located
31 on northwest comer of the intersection of North Carroll Ave. and Southlake Boulevard (F.M. 1709).
32 The current zoning is "AG" Agricultural District. The requested zoning is "S-P-2" Generalized Site
33 Plan District with "0-1" Office District uses. The Land Use Category is Medium Density
34 Residential (may include limited low intensity office and/or retail uses). The Corridor
35 Recommendation is Residential Areas (Any Single Family District). The applicant is M & M
36 Group, Inc. The owner is CFNVESTS Southlake 1V. The property is in SPIN Neighborhood # 10.
37 Five (5) written notices were sent to property owners within the 200' notification area, and one (1)
38 response was received which was opposed.
39
40 David McMahan, M do M Group, Inc., 100 W. Sourhlake, Texas, presented this item to the
41 Conunission. He stated that he has met with the adjacent property owner, Juergen Strunk,
42 several times and feels he has addressed and satisfied all of his concerns. Mr. McMahan stated
43 that in Staff Comments it requested that the driveway on Carroll Ave. meet the minimum throat
44 depth of 75' . He went on to say that after Phase 3 is built on the eastern portion of this project
j' Planning and Zoning Commission Meeting Minutes on November 7, 19% Page 6 of
7e-;7
City of South lake, Texas
MEMORANDUM
November 15, 1996
TO: Curtis E. Hawk, City Manager
FROM: Billy Campbell, Director of Public Safety
SUBJECT: Ordinance No. 643, 2nd reading, an ordinance requiring registration of door-to-
door solicitors; requiring identification badges, and providing regulations.
Ordinance No. 645, 2nd reading, an ordinance providing for the regulation of
the distribution of handbills in the City, and requiring registration of those who
distribute handbills.
At the last Council meeting the City Council requested that the City Attorneys provide some research
concerning these two ordinances. Part of that research related to profit versus non profit
organizations as they are defined and commercial versus non commercial.
The attorneys are continuing their examination and we feel that it is in everyones best interest to make
sure that prudent research is done properly. At the December 3, 1996 Council meeting we will have
more definitive ordinances that will, hopefully, reflect the majority of Council's interest.
Please be mindful that the solicitation ordinance contains wording that gives us the authority to
address street side vendors on those occasions that might allow this type of activity to transpire, i.e.
race day, special events at the race track, etc.
I am available for any comments or questions.
/�G 11
BC/bls
City of Southlake, Texas
MEMORAND U M
November 15, 1996
TO: Curtis E. Hawk, City Manager
FROM: Billy Campbell, Director of Public Safety
SUBJECT: Ordinance No. 643, 2nd reading, an ordinance requiring registration of door-to-
door solicitors; requiring identification badges, and providing regulations.
Ordinance No. 645, 2nd reading, an ordinance providing for the regulation of
the distribution of handbills in the City, and requiring registration of those who
distribute handbills.
At the last Council meeting the City Council requested that the City Attorneys provide some research
concerning these two ordinances. Part of that research related to profit versus non profit
organizations as they are defined and commercial versus non commercial.
The attorneys are continuing their examination and we feel that it is in everyones best interest to make
sure that prudent research is done properly. At the December 3, 1996 Council meeting we will have
more definitive ordinances that will, hopefully, reflect the majority of Council's interest.
Please be mindful that the solicitation ordinance contains wording that gives us the authority to
address street side vendors on those occasions that might allow this type of activity to transpire, i.e.
race day, special events at the race track, etc.
I am availle for any comments or questions.
BC/bls
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11-6-96
GTE ACCESS LINE SURVEY
Residential access line ($17 per year max/$1.42 per month)
Commercial access line ($24 per year max/$2 per month)
CITY RESIDENTIAL COMMERCIAL
Denton
$1.42 month
$2 month
College Station
$1 month
$2 month
Azle
$1 month
$2 month
Rusk
$1.42 month
$2 month
Brownfield
$1.42 month
$2 month
Comanche
$1.42 month
$2 month
Crosbyton
$1.25 month
$1.25 month
Daingerfield
$1.42 month
$2 month
El Lago
$-60 month
$.95 month
Highland Village
$1.42 month
$2 month
Lone Star
$1.42 month
$2 month
Ralls
$1.25 month
$1.25 month
Seymour
$1.42 month
$2 month
Weimar
$1.42 month
$2 month
Brady
$1.42 month
$2 month
Bryan
$1.42 month
$2 month
Denver City
$1.42 month
$2 month
La Marque
$1.42 month
$2 month
Littlefield
$1.42 month
$2 month
Santa Fe (Tx)
$1.42 month
$2 month
7i ;-
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•4
( __ " ORDINANCE NO. &67
AN ORDINANCE WHEREBY THE CITY OF SOUTHLAKE, TEXAS, :UND GTE
SOUTHWEST INCORPORATED AGREE THAT, FOR THE PURPOSE OF OPERATING
ITS TELECOMMUNICATIONS BUSINESS, THE TELEPHONE COMPANY SHALL,
CONSTRUCT, L;tiECT, BUILD, EQUIP, OWN, MAINTAIN AND OPERATE IN,
ALONG, UNDER, OVER AND ACROSS, THE STREETS, AVENUES, ALLEYS,
BRIDGES, VIADUCTS, AND PUBLIC GROUNDS OF THE CITY, SUCH POSTS,
POLES, WIRES, CABLES, CONDUITS AND OTHER APPLIANCES, STRUCTURES
AND FIXTURES NECESSARY OR CONVENIENT FOR RENDITION OF
TELECOMMUNICATIONS SERVICES IN SAID CITY AND FOR CONDUCTING A
GENERAL LOCAL AND LONG-DISTANCE TELEPHONE BUSINESS, PRESCRIBING
THE CONDITIONS'GOVERNING THE USE OF PUBLIC RIGHTS -OF -WAY FOR THE
�- TELEPHONE COMPANY'S TELECOMMUNICATIONS BUSINESS, PRESCRIBING THE
QUARTERLY COMPENSATION DUE THE CITY UNDER THIS ORDINANCE,
PROVIDING THE RIGHT OF THE CITY TO USE CERTAIN FACILITIES OF THE
TELEPHONE COMPANY; SPECIFYING GOVERNING LAWS; PROVIDING FOR
ASSIGNMENT; PRESCRIBING THE TERM AND EFFECTIVE DATE OF SAID
AGREEMENT; PROVIDING FOR NOTICE; PROVIDING FOR BINDING EFFECT;
'PROVIDING THAT THE ORDINANCE BE CUMULATIVE; PROVIDING FOR
GOVERNMENTAL IMMUNITY; PROVIDING FOR CONSENT AND ACCEPTANCE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CHOICE OF LAW AND
VENUE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW;
PROVIDING FOR FUTURE CONTINGENCIES; PROVIDING FOR REPEAL OF
CONFLICTING ORDINANCES; PROVIDING FOR RELEASE OF ALL CLAIMS UNDER
V3 1018961533
T t
PRIOR ORDINANCES; PROVIDING FOR ALTERNATE DISPUTE RESOLUTION; AND
PROVIDING FOR METHOD OF ACCEPTANCE.
WHEREAS, it is to the mutual advantage of both the City of
Southlake ("City") and GTE Southwest Incorporated ("Telephone
Company") that an agreement should be entered into between the
Telephone Company and the City establishing the consideration for
and conditions under which the Telephone Company shall construct,
maintain and operate its physical plant in the public rights -of -
way within the City's corporate limits in the future;
NOW, THEREFORE, -BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CSOUTHLAKE, TEXAS, THAT:
SECTION 1. DEFINITIONS
Whenever used in this Ordinance, the following words and terms
shall have the definitions and meanings provided in this section:
(a) ACCESS LINES: For purposes of this Ordinance, an Access
Line shall be defined as any local line provided by Telephone
Company to a customer in the City which provides access to the
public switched network, including all single line residence,
party line residence, single line business, multi -line business,
Centrex, Centranet, key lines, ISDN lines, COCT lines, semi-
public pay telephone lines and PABX trunks or equivalents which
1018961533
�:- are assigned to locations inside the corporate limits of the
City.
(b) CITY: The City of Southlake, Texas.
(c) FAC_IL•TTTES• All Telephone Company duct spaces, manholes,
poles, conduits, underground and overhead passageways, and other
equipment, structures and appurtenances and all associated .
Transmission Media, which are located in the City Rights -of -Way.
(d) RIGHTS -OF -WAY: All present and future public streets,
avenues, highways, alleys, bridges, viaducts,(publ
- t ughfares, public utility easements, publi ways, public
grounds, nd without limitation by the foregoing enu ation,
oth publ c'property within the city limits of the City. As
used herein, the term "Rights -of -Way" does not include facilities
dedicated to the provision of electrical power to citizens of the
City to the extent the City may own the power utility providing
electrical power in the City.
services of any nature, offered for sale by the Telephone Company
to subscribers in the City, which services are delivered to such
subscribers by transmission, between or among points not
?ecified by the Telephone Company, of information, voice or
1018961533
otherwise, not chosen, created, or offered for distribution by
the Telephone Company, transmitted without change in form or
content c-4 the information as sent and received, which
transmission is offered for sale by the Telephone Company in the
City, which services are provided in whole or part in the City
to any customers of any type whatsoever. "Telecommunications"
and "Telecommunications Services" do not include such services as
cable services, as defined in the Cable Communications Policy Act
of 1984 (47 U.S.C.A. S 521, et seq., amended) or as recognized by
the Federal Communications Commission or any other service
wherein content is selected for distribution by the Telephone
Company.
C (f) TELEPHONE COMPANY: GTE Southwest Incorporated.
(g) TRANSMISSION MEDIA: All Telephone Company cables, fibers,
wires or other physical devices used to transmit and/or receive
communication signals, whether analog, digital or of other
characteristics, and whether for voice, video, or data or other
purposes, which are physically located in the City Rights -of -Way.
SECTION 2. CONSTRUCTION AND MAINTENANCE OF TELEPHONE PLANT
AND SERVICE
(a) Pursuant to the laws of the State of Texas and this
Ordinance, the Telephone Company has the non-exclusive right and
1018961533
1
i
privilege to use and occupy the public rights -of -way in the City... y'
for the purpose of maintaining and operating its Transmission
Media used in the provision of Telecommunications Services and
the operation of a telecommunications system, subject to,the
terms, conditions, and stipulations set forth in this Ordinance,
the Constitutions and laws of the United States and the State of
Texas and the City's Charter and Ordinances to the extent such,.---,
Ordinances are not in conflict herewith. The Telephone Company
is not authorized to provide cable television service as a cable }:
operator, as that term is defined in the Cable Communications
Policy Act of 1984, in the City without obtaining a separate +
franchise from the City. The Telephone Company's Facilities and
�r
Transmission Media used in or incident to the provision of
''qj
CTelecommunications Services and to the maintenance of a
telecommunications business by the Telephone Company in the City t
shall remain as now constructed, subject to such changes as under
the conditions prescribed in this Ordinance may be considered
necessary to the public health and safety by the City in the
exercise of its lawful police powers and such changes and
extensions as may be considered necessary by the Telephone
Company in the pursuit of its telecommunications business.. The
Telephone Company shall at all times during the term of this
Ordinance be subject to all lawful exercise of the police power
by the City and to such reasonable and lawful regulation as the
City shall hereafter by charter, resolution or ordinance provide.
The terms of this Ordinance shall apply throughout the City and
1018961533
shall apply to all the Telephone Company's Facilities used, in
whole or part, in the provision of Telecommunications Servic
es,
and shall include the provision of Telecommunications Services in
any newly annexed areas of the City upon the effective date of
such annexation or the date the City provides the Telephone
Company notice of such annexation, whichever occurs later. The
Telephone Company shall maintain its Facilities in a reasonable
operating condition at all normal times during the term or any
extension of this Ordinance. An exception to this condition is
automatically in effect when service furnished by the Telephone
Company is interrupted, impaired or prevented by fires, strikes,
riots, or other occurrences beyond the control of the Telephone
Company, or by storms, floods, or other casualties, in any of
which events the Telephone Company shall do all things reasonably
within its power to do to restore normal service as soon as
practicable.
(b) Facilities installed or relocated by the Telephone Company
in the Rights -of -Way during the term of this Ordinance shall be
located underground where technologically and economically
feasible. If technologically unfeasible, or if placement of
facilities underground presents an undue economic burden on
Telephone Company, upon proof thereof being presented to the
City, Telephone Company and City will jointly agree to
alternative installation of relocation options.
V, F
1018961533
SECTION 3. SUPERVISION BY CITY OF LOCATION OF POLES AND
CONDUITS
(a) The Telephone Company shall lay, maintain, ccnscruct,
operate, and replace its poles, wires, anchors, cables, manholes,
conduits, and appurtenances used, in whole or part, to provide
Telecommunications Services so as to interfere as little as
possible with traffic and shall promptly clean up and restore, at
its sole cost, all thoroughfares and other surfaces which it may
disturb to as good a condition as before such disturbance. The
location of all Telephone Company Facilities shall be fixed under
the supervision of the City's governing body or an authorized
committee or agent appointed by said governing body. All poles
to be placed shall be of sound material and reasonably straight,
�— and all poles, stubs, guys, anchors, and other above ground
facilities shall be so set that they will not interfere with the
flow of water in or to any gutter or drain, and so that the same
will interfere as little as practicable with the ordinary travel
on the streets, alleys, highways, public thoroughfares, public
utility easements, public ways or sidewalks and so that they will
not compromise public safety. The City shall have the right to
require the Telephone Company, at its own expense, to install or
relocate above -ground Facilities as far from vehicular travel
lanes as reasonably possible for traffic safety purposes. Except
as provided in Section 2(b), the City shall also have the right
to require the Telephone Company, at its own expense, to install
underground all new Facilities except those to which above -ground
access is necessary for normal maintenance and connections,
,V - 9
1018961533
/ without claim for reimbursement or damages against the City. The
location and route of all poles, stubs, guys, anchors, conduits,
cables and any other Facilities to be placed and constructed by
the Telephone Company in the City Rights -of -Way, and the location
of all con3ui:s to be laid by the Telephone Company within the
City's Rights -of -Way under this Ordinance, shall be subject to
the reasonable and proper regulation, control and direction of
the City's governing body or of any City, Committee, department
or official to whom such duties have been or may be delegated.
(b) The City shall have the right to change the grade, install,
relocate, or widen the public streets, sidewalks, bikeways,
alleys, public thoroughfares, highways, landscaping, and public
way and places within the present limits of the City and within
said limits as same may from time to time be extended, and in
such events the Telephone Company shall relocate, at its own
expense, its Facilities and Transmission Media, in order to
accommodate the installation, relocation, widening, or changing
of the grade of any such public street, sidewalk, bikeway, alley,
public thoroughfare, highway or public ways, including if:•
necessary relocating such Facilities and Transmission Media a
sufficient distance from the edge of the pavement to permit a
reasonable work area for machinery and individuals engaged in
installing, relocating, widening, or changing the grade of any
1018961533
public street, sidewalk, bikeway, alley, public thoroughfare,
highway or public way.
(c) The C-ty shall have right to lay, and permit to be laid,
sewer, gas, water, electric, and other pipelines or cables or
conduits, and to do and permit to be done any underground and
overhead installation or improvement that may be deemed necessary
or proper by the governing body of the City in, across, along,
over or under any City Rights -of -Way occupied by the Telephone
Company, and to change any curb or sidewalk or the grade of any
street. In permitting such work to be done, the City shall not
be liable to the Telephone Company for any damage so caused, nor
— shall the City be liable to the Telephone Company for any damages
arisingout of the
performance by the City or its contractors or
subcontractors not willfully and unnecessarily occasioned;
provided, however, nothing herein shall relieve any other person
or corporation from liability for damages to facilities of the
Telephone Company, including the City's contractors and
subcontractors. The City shall also have the right to require
the Telephone Company to relocate, at the sole expense of the
Telephone Company, any Facilities erected or maintained in City
Rights -of -Way, if said relocation is deemed necessary by the
governing body or its designated representative for traffic
safety purposes, including traffic signals. Whenever by reason
/)f changes in the grade of a thoroughfare or in the location or
1018961533
manner of constructing a water pipe, gas pipe, sewer, or other
aboveground or underground structure, it is deemed necessary by
the City to remove, alter, change, adapt, or conform the
underground or aboveground Facilities of the Telephone Company,
the Telephone Company shall make the alterations as soon as
practicable when ordered in writing by the City without claim for
reimbursement or damages against the City.
(d) Whenever it becomes necessary to require Telephone Company
to relocate or remove Facilities, for the completion of public
works projects or for reasons of public safety, the City will
inform the Telephone Company in writing of the aforementioned
requirement. Except in cases of an emergency, the City will
provide at least ten (10) days' written notice to Telephone
Company of the requirement to relocate or remove said Facilities.
whenever it shall be necessary to require Telephone Company to
alter, change, adapt, or conform its Facilities within the
Rights -of -Way, such alterations or changes shall be made
promptly, with consideration given to the magnitude of such
alterations or changes, without claim for reimbursement or
damages against the City. If any such requirements impose a
financial hardship upon the Telephone Company, the Telephone
Company shall have the right to present alternative proposals to
the City, and the City shall give due consideration to any such
10 -
1018961533
e
alternative proposals. if the City requires the Telephone
Company to adapt or conform its Facilities to enabl
e any other
entity or person, except the City (as described in Section 3(c)
above), to use, or to use with greater convenience, Rights -of -Way
or public property, Telephone Company shall not be required to
make any such changes until such other entity or person shall
reimburse or make arrangements satisfactory to Telephone Company
to reimburse the Telephone Company for any loss and expense
caused by or arising out of such change; provided, however, that
in no event shall the City be liable for such reimbursement.
(e) Nothing ift-this Ordinance is intended to add to or detract
— from any authority granted by federal or state law to the City or
the Telephone Company.
SECTION 4. ATTACHMENTS TO POLES AND SPACE IN DUCTS
(a) As partial compensation for the use of the City's Rights -of -
Way, the Telephone Company shall permit the City to use, without
charge, solely for its own, non-commercial purposes, available
duct space within one duct in all of the Telephone Company's
existing ducted Facilities within the City limits, upon written
request by the City, if such duct space is available when
requested. Alternatively, Telephone Company shall provide City
with space on existing telephone poles for the City's use,
1018961533
without charge, solely for its own, non-commercial purposes, if
such pole space is available when requested. The City shall not
use any facilities which are provided for the City's use by 'the
Telephone Company for power transmission purposes, nor use any
circuits in such conduits or upon such poles to carry voltage in
excess of one hundred thirty (130) volts for signal purposes, nor
otherwise use any such circuits so as to unreasonably interfere
with Telephone Company's Telecommunications Services or Telephone
Company Facilities.
(b) The City shall not sell, lease or otherwise make available
its rights to use Telephone Company's Facilities to any third
party. Such rights are provided solely for the non-commercial
C exclusive use b the City. ty. However, this restriction shall not
prevent the City from using the services of a third party
commercial entity to manage or operate the City's facilities on
behalf of the City so long as no resale or other commercial use
of such facilities shall occur and so long as the third party
employed by the City is bound by the provisions of this
Ordinance.
(c) Should the City desire to purchase or otherwise acquire
additional Facilities from the Telephone Company for its non-
commercial use, then a further separate, non -contingent agreement
1018961533
/ shall be a prerequisite to such purchase or acquisition.
1 Telephone Company and City agree to act in good faith in the
negotiation of such agreement(s) with City.
(d) The City may, at any time, submit written requests to the
Telephone Company for use of its Facilities. The Telephone
Company agrees to respond in writing to the City's requests
within thirty (30) calendar days after receiving the request.
The City Council shall designate one City contact person for
requests for Facility usage.
(e) The City recognizes that the Telephone Company cannot
( _ reserve Facilities for the City's use at some indefinite time in
the future. Accordingly, the City will request the � use of
Telephone Company's Facilities only after the City has an
approved and funded construction plan. Project construction by
the City must commence within six (6) months of the Telephone
Company notifying the City that Facilities are available. Unless
delay is occasioned through no fault of the City, any equipment
or facilities of the City placed by the City on or in Telephone
Company's Facilities must be fully operational within eighteen
(18) months from the date project construction commences. If
such a delay occurs, City shall take all reasonable measures to
make its equipment or facilities placed on or in Telephone
1018961533
Company's Facilities fully operational as soon as practicable
with consideration given to the circu
mstances which caused the
delay.
(f) With regard to the City's equipment or facilities placed in,
or on, Telephone Company's Facilities, the Telephone Company
shall be relieved of its obligation to reserve space in or on its
Facilities for the specific Facility if construction is not
started within six (6) months of the Telephone Company notifying
the City that Facilities are available or if such City equipment
and facilities are not fully operational within the time limits
specified in Section 4(e), unless an extension of time is
mutually agreed upon, in writing, by both parties. Upon the
City's equipment or facilities being placed in, or on, Telephone
Company's Facilities, the Telephone Company may not charge the
City an additional fee for the use of the Telephone Company's
Facilities. The City's use of Telephone Company Facilities will
extend beyond the term of this Ordinance free of charge to the
City so long as said Facilities remain in -place, but upon the
expiration of this Ordinance Telephone Company shall be under no
obligation to continue to provide, maintain or operate such
Facilities for the benefit of the City. The Telephone Company
will not be liable for the installation or maintenance of any
1018961533
City facilities under this Ordinance or for any damage not caused
solely by the negligence of the Telephone Company.
Y
(g) The City shall clearly mark all of its facilities that are
placed in, or on, Telephone Company Facilities. In order to
protect the telephone service to the citizens of the City, the
City agrees that all construction by the City in, or on,
Telephone Company Facilities will be in accordance with
Telephone Company standards and procedures and any applicable
City Codes or Ordinances. The Telephone Company shall have the
right to make on -site inspections during construction by the
City. In the event the City, in making its facilities
operational, encounters any situation that might impact Telephone
Company's communication service to the citizens of the City, the
City shall stop construction and notify the Telephone Company
immediately.
(h) Except as otherwise provided in Section 4(e) above, the
Telephone Company may deny the City's request for use of
Telephone Company Facilities only if the Telephone Company has
plans to use the requested Facilities by installing
telecommunications equipment no later than two (2) years from the
date of the City's request. In the event that the Telephone
"lompany denies the City's request, the Telephone Company must
,71717
- 15 -
1018961533
show the City its current engineering plans that demonstrate that
the Telephone Company will use the requested Facilities for
Telecommunicacions Services within two (2) years.
(i) The Telephone Company is not authorized to license or lease
to any person or entity the right to occupy or use the City,s
Rights -of -Way for the conduct of any private business except to
the extent required by law. The Telephone Company will, from
time to time, upon written request from the City provide to the
City the names of resellers of telecommunication services using,
or requesting to use, Telephone Company Facilities. The
Telephone Company may be required to attach its Transmission
Media to facilities owned and maintained by any person or entity
authorized by the City or to permit the transmission media of any
person or entity authorized by the City to be attached to the
Facilities owned and maintained by the Telephone Company upon
reasonable, non-discriminatory terms in a separate, non -
contingent agreement which shall include reasonable compensation.
The Telephone Company may.require any such person or entity to
furnish evidence of adequate insurance covering the Telephone
Company and adequate bonds covering the performance of the person
or entity attaching to the Telephone Company's Facilities as a
condition precedent to granting permission to any such person or
entity to attach transmission media to Telephone Company's
lb
1018961533
Facilities; provided Telephone Company's requirements for such
insurance shall be reasonable and at least in an
amount to meet
minimum City requirements, as determined by the City.
(j) Not.hing contained in .this Ordinance shall obligate or
restrict the Telephone Company in exercising its rights
voluntarily to enter into pole attachment, pole usage, joint
ownership or other wire space or facilities agreements with light
and/or power companies or with other companies utilizing wire
transmission of services which are authorized to operate within
the City. Further, nothing contained in this Ordinance shall
preempt any pole attachment agreement between the City and
Telephone Company wherein Telephone Company or City agrees to pay
Cthe other a fee to place its facilities on a utilitypole p owned
by the other.
SECTION 5. RIGHTS -OF -WAY TO BE RESTORED TO GOOD CONDITION
(a) The Telephone Company shall restore the surface of any and
all Rights -of -Way within the City disturbed by the Telephone
Company in building, constructing, renewing, or maintaining its
Facilities or Transmission Media within a reasonable time after
completion of the work to at least as good a condition as before
commencement of the work and in compliance with the applicable
provisions of the Code of Ordinances of the City and shall
further maintain the work to the satisfaction of the City,s
1018961533
governing body, or of any City official to whom such duties have
l/ been or may be delegated, for a period of one (1) year followin
g
completion of the restoration, after which time responsibility
for the maintenance shall revert to the City. During that one
(1) year pe-.:od, the Telephone Company shall be responsible for
all maintenance costs incurred as a result of any defects,
impairments or substandard condition in the Rights -of -Way caused
by the construction, maintenance or restoration work of the
Telephone Company. The Telephone Company shall comply with all
reasonable rules and regulations of the City relative to street
excavations, and permits therefor; provided that Telephone
Company shall not be required to pay any fees required by such
— rules, regulations and permits. No such Rights -of -Way shall
encumbered for a longer
g period than shall be necessary to execute
the work.
(b) The Telephone Company shall submit, in a format prescribed
by City and reasonably related to the purpose here stated,
information describing the general nature, location, and
estimated duration of any activity which will result in the
disturbance of any Rights -of -Way. The Telephone Company shall
not be required to divulge proprietary information in such
submission. Proprietary information may include, but is not
limited to, type and size of Facility and sub -routes onto private
( property. This information shall be submitted prior to the
1018961533
activity except in the case of emergencies, in whic case the
information shall be submitted as soon as practical. This
information requirement shall not apply to the Telephone
Company's installation of service wires serving a single
residence or business. When the Telephone Company shall make or
cause to be made excavations, or shall place obstructions in any
street, alley, highway, public thoroughfare, public utility
easement or public way, the Telephone Company shall protect the
public by barriers and lights placed, erected and maintained by
the Telephone Company.
SECTION-E.,- TEMPORARY REMOVAL OF AERIAL WIRES
The Telephone Company on the request of any person shall remove
or raise or lower its wires within the City temporarily to permit
the moving of houses or other bulky structures. The expense of
such temporary removal, raising or lowering of wires shall be
paid by the benefitted party or parties, and the Telephone
Company may require such payment in advance. The Telephone
Company shall be given not less than forty-eight (48) hours
advance notice to arrange for such temporary wire changes.., The
clearance of wires above ground shall conform to the basic
standards of the National Electrical Safety Code, National Bureau
of Standards, United States Department of Commerce, as
promulgated at the time of erection thereof.
1019961533
SECTION 7 TREE TRIMMING
in the pursuit of maintaining its telecommunications system, the
Telephone Company, its contractors, agents, successors and
assigns shall have the right to trim trees upon and overhanging
the Rights-oE-Way within the City, so as to prevent the branches
of such trees from coming in contact with the wires, cables, or
other Facilities of the Telephone Company.
SECTION 9. COMPENSATION TO THE CITY
(a) As compensation for the Telephone Company's use and
occupancy of the City's Rights -of -Way and for the City,s
oversight, regulation and supervision of such use and occupancy,
— in consideration for all other agreements and promises made
herein by the City and in lieu of and in full compensation for
any lawful tax, license, charge, right-of-way permit fee or
inspection fee, whether charged to the Telephone Company or it
contractor(s), or any right-of-way easement or street or alley
rental or corporate franchise tax or other character of charge
for the use and -occupancy of the Right -of -Way within the City,
except the usual.general ad valorem taxes and special assessments
in accordance with State law, and sales taxes now or hereafter
levied by the City and in accordance with State law, the City
hereby imposes upon the Telephone Company and the Telephone
Company agrees to pay a fee upon each Access Line ("Access Line
ee°), which shall be assessed monthly upon all Access Lines in.
7/-;?;?-�
1018961533
the City and which shall be paid quarterly as described in
Section 9(b) herein. The Access Line Fee shall be $
per
month (for a total of $ for such twelve month period) for
each residential Access Line, and $ per month (for a total
of $ __ for such twelve month pe�•j,od) for each business
Access Lire. The Access Line Fee will be prorated based upon the
number of days during the billing month the customer has service.
(b) The amount paid to the City will equal the aggregate amount
of Access Line Fees assessed to the Telephone Company according
to the method described above through the end of each calendar
quarter. The payment due dates shall be February 28, May 31,
August 31, and November 30 of each Contract Year this Ordinance
t remains in effect. The first payment under this Ordinance shall
be due on May 31, 1997.
(c) If the Ordinance is mutually extended in writing for an
additional five years, the Access Line fee will be increased by
three (3) percent per year above the prior year's Access Line fee
on each anniversary of the effective date. Except as otherwise
Provided herein, the City waives any right to audit or otherwise
review any Telephone Company records.
(d) The Telephone Company and the City agree that the accuracy
of the Access Line count is important to both parties. To
-atisfy any audit responsibilities the'City may have, the
1018961533
Telephone Company agrees to provide the City a reconciliation
1 report of Access Lines and a Customer Service Address List which
report and list shall be in a format and in sufficient detail to
enable the City to verify the accuracy of the calculation of the
Access Line count and type of local access service (e.g., single
party residence line, ISDN line or PABX trunk) provided to
customers located in the City. The parties agree to limit
Telephone Company's responsibility to produce such reports to two
occasions during the term of this Ordinance. One such occasion
shall occur during the third year of the Ordinance. City
reserves the right to determine the other occasion for which such
information shall be made available by Telephone Company for
_ inspection. City agrees to provide reasonable notice beforehand
Cof each such request for inspection. The
e parties contemplate
that reports produced by Telephone Company will be as of
September 30th of the year in which inspection is requested. The
Telephone Company will provide a report containing a summary of
residence and business Access Lines within the City and the gross
amount of Access Line Fees billed customers with each quarterly
remittance. The report shall include the number of Access Lines
as of the end of each month in the calendar quarter being
reported, as such data is maintained in Telephone Company's
REWNIT database, or any successor database. The Customer
Service Address List shall not include any customer names or
`elephone numbers. If the City becomes aware of information that
2_
1018961533
L
affects the accuracy of such List, City shall promptly inform the
Telephone Company, and Telephone Company shall review such
information and, on verification, correct the Customer Service
Address List, and Access Line count. City accepts and agrees
that the Customer Service Address List and Access Line count are
proprietary and the exclusive property of the Telephone Company,
and agrees to return both the Customer Service Address List and
Access Line count report, and any data copied or taken therefrom
in any form, to the Telephone Company within sixty days of its
receipt of such List or report, unless such time is extended by
the written agreement of the parties. As the Customer Service
Address List is the exclusive property of the Telephone Company,
_ the City agrees not to release any information contained in that
List to anyone unless ordered to do sob
Y a court of competent
jurisdiction.
(e) The compensation provided for herein constitutes reasonable
compensation for the consideration granted to the Telephone
Company herein.
(f) Payment of the "Annual Fee" shall not relieve the Telephone
Company from paying all applicable municipally -owned utility
service charges, ad valorem and sales taxes adopted by the.c.ity.
?A";
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1018961533
(_ (g) in the event that either (1) territory within the boundaries
of the City shall be disannexed and a new incorporated
-municipality created which includes such territory or (2)
territory shall be consolidated or annexe: into the City, then
notwit^standing any other Provision of this Ordinance, the Annual
Fee shall be adjusted, effective on the effective date of the
annexation. To accomplish this adjustment, within sixty (60)
days following the action effecting a disannexation/annexation as
described above, the City shall provide the Telephone Company
with maps of the affected area(s) showing the new boundaries of
the City. If the City fails to timely provide the maps of the
affected areas, then the fees from such additional Access Lines
will not become payable to City until sixty (60) days after
receipt by TELEPHONE COMPANY of such maps from
P the City.
(h) In the event of an annexation or disannexation as described
above, the Annual Fee paid to the City will be adjusted based on
the City's gain or loss of Access Lines using the same
methodology prescribed in section 9(a) above. The effective date
of the adjustment shall be the same as the effective date of the
annexation/disannexation action by the City, provided that the
City has supplied the appropriate annexation/disannexation maps
to the Telephone Company in accordance with the provisions
herein. The City agrees to reimburse the Telephone Company for
�_iany portion of any Annual Fee that may have been paid to the City
1018961533
after the effective date of a disannexation but prior to the
1 receipt by Telephone Company from City of notice of such
disannexation.
(i.) in the event a regulatory agency of the State, or court of
competent jurisdiction finds that the Access Line fee
compensation methodology contained in Section 9(a) cf this
Ordinance is invalid or unenforceable, then for the remainder of
the term of this Ordinance or until such time as the parties
agree to another compensation methodology, whichever occurs
first, Telephone company agrees to pay annual compensation under
this Ordinance to City in an amount equal to the total of the
previous four quarterly payments, such compensation to be paid in
( quarterly installments and if necessary prorated from the date of
such Order of the regulatory agency or court.
SECTION 9 SUCCESSORS AND ASSIGNS
The rights, powers, limitations, duties and restrictions herein
provided for shall inure to and be binding upon the parties
hereto and upon their respective legal and bona fide
representatives, successors and assigns.
,_ECTTON 10 PERIOD OF AGREEMENT
This agreement shall be in full force and effect for the period
beginning with the effective date hereof and ending five (5)
/rears after such date. This Ordinance may be extended for an
1018961533
additional five (5) years if mutually agreed to in writing by
both parties and such extension is approved by Y the City in
accordance with the City's Charter.
SECTi'ON 1 '1 FUTUEtF CONTINGENCIES
Notwithstanding anything contained in this Ordinance to the
contrary, in the event that this Ordinance or any section,
sentence, clause, phrase, or part thereof, providing any
compensation due the City under this Ordinance, becomes, is held
to be, or is declared or determined by judicial, administrative
or legislative authority exercising its jurisdiction to be
excessive, unrecoverable, unenforceable, void, unconstitutional,
unlawful, invalid or otherwise inapplicable, in whole or in part,
the Telephone Company and the City shall meet and negotiate in
good faith to obtain a new ordinance that is in compliance with
the authority's decision or enactment and in which the Telephone
Company shall pay to City a reasonable but constitutional and
valid compensation.
SECTION 1._ GOVERNING LAW AND VENUE.
(a) This Ordinance shall be construed in accordance with the law
of the State of Texas and the City Charter and City Ordinances in
effect on the date of passage of this Ordinance to the extent
that such Charter and Ordinances are not in conflict with or in
{j As � �
26 -
1018961533
violation of the Constitution and laws of the United States or of
the State of Texas.
(b) Venue for any dispute arising under this Agreement shall be
in Tarrant County, Texas.
(c) This Ordinance shall be construed and deemed to have been
negotiated at arms length and drafted by the combined efforts of
the City and the Telephone Company.
SECTION 13, DISPUTE RESOLUTION
(a) Notwithstanding any other provision of this Ordinance, the
Parties hereto agree that any claim, cause of action or other
dispute based upon or arising out of this Ordinance (a "dispute")
shall be conducted, decided, determined and/or resolved pursuant
to and in accordance with the provisions of this Section. The
parties desire to resolve disputes arising out of this Ordinance
without litigation. Accordingly, in the event of any dispute
hereunder, the Parties hereto agree to attempt in good faith to
resolve their dispute between themselves. Within ten (10) days
after receipt of the written request of a party, each party will
appoint a knowledgeable, responsible representative or
representatives to meet and negotiate in good faith to resolve
any dispute arising under this Ordinance. The parties'
representatives will meet within ten (10) days after the
appointment of such representatives and negotiate in good faith
:o resolve any such dispute.
4 9
1018961533
1
(b) Except for action seeking a temporary restraining order or
injunction related to the purposes of this Ordinance, or suit to
compel compliance with this dispute resolution process, the
parties agree to use the follcwing alternative dispute resolution
Procedure, and also agree not to sue any party to this Ordinance
with respect to controversy or claim arising out of or relating
to this Ordinance or its breach prior to exhausting the
procedures set out in this section.
(c) If the parties are unable to settle their dispute at the
meeting of representatives provided for in subsection (a), either
party may, on written notice to the other party, initiate non-
binding mediation of the dispute before a single mediator
affiliated with Judicial Arbitration and Mediation Services, Inc.
(JAMS) or another mediation service mutually agreeable to the
parties. Mediation is a forum in which an impartial person, the
mediator, facilitate communication between the Parties to promote
reconciliation, settlement, or understanding among them. A
mediator may not impose his own judgment on the issues for that
of the parties. Unless expressly authorized by the parties, the
mediator may not disclose to either party information given in
confidence by the other and shall at all times maintain )
confidentiality with respect to communications relating to the
subject matter of the dispute. Unless the parties agree
otherwise, all matters, including the conduct and demeanor of the
parties and their counsel during mediation, are confidential and
shall be inadmissible as settlement discussion pursuant to Rule
1018961533
408 of the Federal Rules of Evidence or the applicable state
rules. The mediator shall be selected by agreement of the
parties within thirty (30) days after either party first requests
mediation of the other. Tf a single mediator cannot be agreed
upon, then each party shall select its own mediator from those on
the JAMS approved list; those two mediators will then select a
third independent mediator who will conduct the mediation
session(s). The mediator's fees will be borne equally by both
parties. In the event mediation is requested, any applicable
statutes of limitations shall be automatically tolled until the
mediator declares an impasse. If either party desires to request
the production of information for its use in the mediation, it
shall deliver.such request to the other party within five (5)
days of the selection of the mediator. Any objection to such
production shall be delivered to the mediator and the requesting
party within five days of receipt of the request, and the
mediator shall issue an opinion within five (5) days of such
objection, as to whether the information is relevant to the
issues presented for mediation and should be produced. If either
party refuses to proceed with the mediation in accordance with
the ruling of the mediator, the mediation shall be deemed to be
at impasse, and the parties may then resort to any other
available recourse. In the event mediation occurs but fails to
resolve the dispute, the parties may then resort to means outside
the scope of this Section including filing suit.
1018961533
(d) Neither the City nor the Telephone Company by accepting this
Ordinance waives its right to seek all appropriate legal and
equitable remedies as allowed by law upon violation of the terms
of this Ordinance by the other party, including seeking
injunctive relief in a court of competent jurisdiction. Such
right to seek injunctive relief is expressly reserved and all
terms and provisions hereof shall be enforceable through
injunctive relief.
SECTION 14, GOVERNMENTAL, IMMUNITY.
All of the regulations provided in this Ordinance are hereby
declared to be for a public purpose and the health, safety, and
welfare of the general public. Any member of the governing body
_ or City official or employee charged with the enforcement of this
Ordinance, acting for the City in the discharge
g of his duties,
shall not thereby render himself personally liable; and he is
hereby relieved from all personal liability for any damage that
might accrue to persons or property as a result of any act
required or permitted in the discharge of his said duties.
SECTION 15 GRANTING POWER
(a) The City continues to take the position that the City has
the power to grant or deny consent to the Telephone Company's
occupancy and use of the Rights -Of -Way within the City. The
Telephone Company continues to take the position that Federal law
1018961533
and Texas law do not permit the City to deny consent to the
Telephone Company to occupy and use such Rights -Of -Way. Both the
City and the Telephone Company agree that their act'_ons in
eni-ering this agreement by ordinance shall not in any way be a
waiver of either party's position as stated herein.
(b) Nothing in this section affects the authority of the City to
manage the public Rights -Of -Way or to require a fair and
reasonable compensation from all telecommunications providers, on
a competitively neutral and nondiscriminatory basis, and the
compensation will be publicly disclosed by the City.
SECTION i6 REPEAL OF CONFLICTING PROVISIONS
Ill other ordinances and agreements and parts of agreements and
ordinances in conflict with the provisions of this Ordinance are
hereby repealed to the extent of such inconsistency.
SECTION 17 NOTICE
For any purposes related to this Ordinance, notice to the City
shall be to:
Office of City Manager/Secretary
City of Southlake
667 N. Carroll Avenue
Southlake, TX 76092
Notice to the Telephone Company shall be to:
1018961533
Associate General Counsel
GTE Southwest Incorporated
P.O. Box 152013
Irving, TX 75062
Notice will ce effective upon delivery at the above addresses
until the City or the Telephone Company notifies the other, in
writing, of a change of address.
SECTION 18 PARTIAL INVALIDITY AND REPEAL PROVISIONS
If any section, sentence, clause or phrase in this Ordinance is
for any reason held to be illegal, ultra wires,
unconstitutional, void, or unenforceable such invalidity shall
not affect the validity of the remaining portions, it being the
intent of the City in adopting this Ordinance and the Telephone
_ Company in accepting and agreeing to it that no portion hereof or
Cprovision hereof shall be inoperative . P or fail by reason of any
unconstitutionality or invalidity or any other portion,
provision, or regulation, and to this end, all provisions of this
Ordinance are declared to be severable. This Ordinance shall be
and is hereby declared to be cumulative of all other ordinances
of the City, and this Ordinance shall not operate to repeal or
affect any of such other ordinances except insofar as the
provisions thereof might be inconsistent or in conflict with the
Provisions of this Ordinance, in which event such conflicting
Provisions, if any, in such other ordinance or ordinances are
hereby repealed to the extent of such inconsistency. All
ordinances and agreements and parts of ordinances and agreements
1 conflict herewith are hereby repealed to the extent of such
7�-3�
1018961533
// inconsistency. Provided all other ordinances, rules,
I regulations, and agreements which are not in conflict with this
Ordinance and which in any manner relate to the regulation of the
City streets, alleys, and public places or the business of the
Telephone Company shall remain in fuli". force and effect.
SECTION 19 EFFECTIVE DATE AND ACCEPTANCE OF AGREEMENT
The Telephone Company shall have sixty (60) days from and after
the passage and approval of this Ordinance to file its written
acceptance thereof with the City Secretary. Upon such filing,
this Ordinance shall take effect and the effective date of this
Ordinance shall be January 1, 1997, and it shall be in force from
and after such date, and shall effectuate and make binding the
agreement provided by the terms h,.-A-f r,,
publication required by law shall be at the expense of the
Telephone Company in addition to other charges provided for
herein.
SECTION? 20, TRANSFER OR ASSIGNMENT
This Ordinance shall not be transferred or assigned by the
Telephone Company except with the approval of the governing body
of the City expressed by ordinance and subject to all terms of
such ordinance, which shall not be unreasonably withheld.
1018961533
SECTION 21. OPEN MEETING
It is hereby officially found and determined that the _ meeting at
which this Ordinance is passed is open to the pubi'_c as required
by law and that public notice of the time, place and purpose of
said meeting was given as required.
PASSED and APPROVED by the City Council of the City of
Southlake, Texas, this day of A.D.
19
MAYOR
ATTEST:
7ity Secretary
APPROVED AS TO FORM:
City Attorney
The City, acting herein by its duly constituted authorities,
hereby declares the foregoing Ordinance passed on first reading
1018961533
and finally effective (if a general law city) as of this
day of
19
MAYOR
Council Member
Council
Member
Council
Member
Council
Member
Council
Member
Council Member
The above and foregoing ordinance read, adopted on first reading
and passed to second reading by the following votes, this the
day of 19 , at a regular
session of the City Council.
Mayor, voting
Council Member, voting
Council Member, voting
Council Member, voting
Council Member, voting
Council Member, voting
Council Member, voting
The above and foregoing ordinance read, adopted on second reading
and passed to third reading by the following votes, this the
�i
�,37
1018961533
day of 19 at a regular
session of the City Council.
Mayor, voting
Council Member, voting
Council Member, voting
Council Member, voting
Council Member, voting
Council Member, voting
Council Member, voting
The above and foregoing ordinance read, adopted on third reading
and passed by the following votes, this the day of
• Council. 19 at a regular session of the City
CMayor, voting
Council Member, voting
Council Member, voting
Council Member, voting
Council Member, voting
Council Member, voting
Council Member, voting
STATE OF TEXAS §
COUNTY OF TARRANT §
§
I� City
Secretary of the City of Southlake, Texas, do hereby certify that
the above and foregoing is a true and correct copy of the right-
of-way rental agreement between the City of Southlake, Texas, and
'ITE Southwest Incorporated as indicated herein. The same is now
1018961533
recorded in Volume page of the Ordinance Records of
the City of Southlake, Texas.
WITNESS MY HAND this the day of
A.D. 19
(Seal)
I
City Secretary
1019961533
ACCEPTANCE
WHEREAS, the City Council of the City of Sout::lake, Texas,
did or. the day of 19 enact an
Ordinance entitled:
AN ORDINANCE WHEREBY THE CITY OF SOUTHLAKE, TEXAS, AND
GTE SOUTHWEST INCORPORATED AGREE THAT, FOR THE PURPOSE
OF OPERATING ITS TELECOMMUNICATIONS BUSINESS, ':'HE
TELEPHONE =%PA.NY SHALL CONSTRUCT, ERECT, BUILD, EQUIP,
OWN, MAINTAIN AND OPERATE IN, ALONG, UNDER, OVER AND
ACROSS, THE STREETS, AVENUES, ALLEYS, BRIDGES,
VIADUCTS, AND PUBLIC GROUNDS OF THE CITY, SUCH POSTS,
POLES, WIRES, CABLES, CONDUITS AND OTHER APPLIANCES,
STRUCTURES AND FIXTURES NECESSARY OR CONVENIENT FOR
RENDITION OF TELECOMMUNICATIONS SERVICES IN SAID CITY
AND FOR CONDUCTING A GENERAL LOCAL AND LONG-DISTANCE
TELEPHONE BUSINESS; PRESCRIBING THE CONDITIONS
GOVERNING THE USE OF PUBLIC RIGHTS -OF -WAY FOR THE
TELEPHONE COMPANY'S TELECOMMUNICATIONS BUSINESS;
PRESCRIBING THE QUARTERLY COMPENSATION DUE THE CITY
UNDER THIS ORDINANCE; -PROVIDING. THE RIGHT OF THE CITY
TO USE CERTAIN FACILITIES OF THE TELEPHONE COMPANY;
SPECIFYING GOVERNING LAWS; PROVIDING FOR ASSIGNMENT;
PRESCRIBING THE TERM AND EFFECTIVE DATE OF SAID
AGREEMENT; PROVIDING FOR NOTICE; PROVIDING FOR BINDING
EFFECT; PROVIDING THAT THE ORDINANCE BE CUMULATIVE;
PROVIDING FOR GOVERNMENTAL IMMUNITY; PROVIDING FOR
CONSENT AND ACCEPTANCE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CHOICE OF LAW AND VENUE; PROVIDING FOR
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED
BY LAW; PROVIDING FOR FUTURE CONTINGENCIES; PROVIDING
FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR
RELEASE OF ALL CLAIMS UNDER PRIOR ORDINANCES; PROVIDING
FOR ALTERNATE DISPUTE RESOLUTION; AND PROVIDING FOR
METHOD OF ACCEPTANCE;
and
WHEREAS, said Ordinance was on the day of
1996, duly approved by the Mayor of'said
City and the seal of said City was thereto affixed and attested
by the City Secretary;
NOW THEREFORE, , GTE Southwest Incorporated hereby in all
respects accepts, approves, and agrees to said Ordinance, and
same shall constitute and be a binding contractual obligation of
GTE Southwest, Inc. and of the City without waiver of any other
remedy by GTE Southwest, Inc. or the City and files this its
1018961533
written acceptance with the City Secretary of the City of
Southlake, Texas, in his office.
19 Dated this day of A.D.
GTE SOUTHWEST INCORPORATED
By:
ATTEST:
Assistant Secretary
Acceptance filed in the office of the City Secretary of
Southlake, Texas, this day of
19 A.D.
t City Secretary
1018961533
City of Southlake, Texas
STAFF REPORT
November 15, 1996
CASE NO: ZA 96-138 PROJECT: Site Plan / Kingsley Place
STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743
Dennis Killough, Planner I, 481-5581, ext. 787
Attached is a letter from the Applicant requesting that the item be tabled until the City Council meeting on
December 3, 1996. Only the letter requesting the tabling is included at this time. The entire packet will be
forwarded when the case is given full consideration.
7G-1
FILE No. 927 11/15 '96 15:15 ID:AGUIRRE INC
I—.. —. _.. _ _— --
November 15,1996
City of Southlake
Office of Community Devalopment
667 North Carroll Avenue
Southlake, TX 76092
Re: integrated Living Communities
AAI Project No. 9607.10
Southlake, TX
To Whom It May Concern:
214 788 1583 PAGE 1
ArRIMNC CORPMA7MN
12'(00 PARK t;F.NTRAL On FLOOrl Ira
DALL&$ TEXAS 75251
FAX 972 188 1503
PHONE 972 7W 1508
rNP CAN•I.i.j relarI" II/ArroS lllF. .IOU lK1NE u.awu HII�xG nwx w.
Please accept this request to table Case # ZA 96-138 for the Kingsley Place site plan
which is scheduled to be heard at the 11/19/96 City Council Meeting. We would like to
be placed on the agenda for the subsequent City Council Meeting scheduled on
12/03/96.
Respectfully,
AGUIRRE CORPORATION
Jean M. Marsh
Project Manager
CC: Gary Roden
Ray White
Pat Barber
Jake Ussery
John Anderson
Mac McWilliams - Carson, Salcedo, McWilliams, Inc.
C:XMydoCuments\960710cAy 111596.Itr
7G-2
City of Southlake, Texas
STAFF REPORT
November 15, 1996
CASE NO: ZA 96-124 PROJECT: Ordinance No. 480-219, First Reading
Rezoning and Concept Plan/Crestwood Office Park
STAFF CONTACT: Karen Gandy, Zoning Administrator, 481-5581, ext. 743
Dennis Killough, Planner I, 481-5581, ext. 787
REQUESTED ACTION: Rezoning and Concept Plan for property described as being
approximately 3.5083 acres situated in the W. W. Hall Survey,
Abstract No. 695, being a portion of Tract 3D as recorded in Volume
8564, Page 285, D.R.T.C.T.
This plan proposes two (2) individual office buildings.
LOCATION: Northwest corner of the intersection of North Carroll Ave. and
Southlake Boulevard (F.M. 7109)
OWNER: CFNVESTS Southlake JV
APPLICANT: M & M Group, Inc.
;URRENT ZONING: "AG" Agricultural District
REQUESTED ZONING: "S-P-2" Generalized Site Plan District
LAND USE CATEGORY: Medium Density Residential (may include limited low intensity
office and/or retail uses)
CORRIDOR
RECOMMENDATION: Residential Areas (Any Single Family district)
NO. NOTICES SENT: Five (5)
RESPONSES: One response was received within the 200' notification area:
Juergen Strunck, P.O. Box 92685, Southlake, opposed.
I am opposed ... "until some of my questions concerning this request
have been satisfactorily clarified." See attached letter.
P&Z ACTION: October 3, 1996; Approved (6-0) applicant's request to table until the
November 7, 1996 Planning & Zoning Commission meeting.
November 7, 1996; Approved (4-2) subject to Plan Review Summary
No. 2 dated November 1, 1996 deleting Item #1 (provide a 50'
building setback line) to allow a 40' setback line; deleting Item #3A
(driveway spacing distances); amending Item #313 ("right-inlright-out
8A-1
only" driveway) to allow a "right-inlright-out/left-out" driveway on
Carroll Ave.; deleting Item #3C (minimum driveway throat depth on
Carroll Ave.); adding to delete 10 parking spaces and use pavers for
20 of the remaining parking spaces; accepting the applicant's
commitment to provide an 8' stockade fence with shadow box along
the north property line.
STAFF COMMENTS: The Applicant has met all the review comments of the Plan Review
Summary No. 1 dated September 27, 1996 and Plan Review
Summary No. 2 dated November 1, 1996, with the exception of the
items in the attached Concept Plan Review Summary No. 3 dated
November 15, 1996.
L:\W P-FILES\MEMO\96CASES\96-124ZC. WPD
8A-2
Juergen Strunck
P.O. Box 92685
Southlake, TX 76092
(817) 481-3681
October 1, 1996
Chairman and Members of the
City of Southlake Planning and Zoning Commission
667 North Carroll Avenue
Southlake, Texas 76092
Reference No. ZA 94-124
Dear Mr. Chairman and Members of the Commission:
Tom Matthews and David McMahan visited with me about two weeks ago and presented
me with their concept plan for the proposed Crestwood Office Park. They told me at that
time that they would request a zoning change to SP-2 with exclusive 0-1 usage. The
notice I received from the city of Southlake lists only SP-2 generalized site plan district. I
have to oppose this without the 0-1 office use specification. This may just be this may
simply be a matter of weak communication —but I take the notice as the legally binding
document for me.
We looked at the plan and I had no serious concerns other than the placement of a two
story building at a very high location looking directly into my living room. Both
gentlemen understood my concerns and gave parking problems as the main reason for the
distribution of the building heights. I trust and hope that this can be modified. We also
talked about the exact location of the buildings in relation to the large oak trees on the
property. I was assured that a tree survey would be conducted and a more accurate
location of the building and parking spaces would be shown to me. I assumed this would
happen and would be incorporated in the concept plan prior to submission to you.
From conversation concerning the rezoning request with Ms. Gandy I understand that the
West corner of Carroll Ave. and Southlake Blvd. may not yet be legally included in the
zoning change request and concept plan. To my mind the concept plan and with it the
zoning change request hinges on the resolution of this issue. Again, this may just be a
matter of failed communication. But I certainly would want to know that M&M Group
can plan the construction at the corner and that the design of the straightening of N.
Carroll Ave. is approved and meets all the requirements of the City of Southlake and
affected property owners.
U REC'D OCT 0 21996
8A-3
U
As the homeowner most directly concerned with this request for the zoning change I am
obviously most careful to state my views concerning this request. I told Mr. Matthews
and McMahan that I did not object to having the parking lots all near our property line
since this would take less soil removal for the construction of their buildings and would
save more trees on their property. I appreciated their visit with me and their expressed
intent to work with me to reach mutually agreeable solutions to their desire to build fine
quality office spaces in the Crestwood Office Park. Given a little more time and more
detailed information concerning the points raised above (as well as "normal' questions
such as building design, landscaping, lights, trash bin location) I think that my opposition
to the request can be changed to no opposition. Mr. Matthews and McMahan probably
expected to see me at your meeting to clarify my concerns. I am sorry to note that
professional commitments do not permit me to attend your meeting. This may explain my
rather lengthy letter. I will try to get a copy of the minutes for your Oct. 3 meeting and
hope to be able to attend the 2nd reading or any pertinent follow -up -meetings.
Thank you for your consideration on my behalf on this matter!
Sincerely, .% ,
8A-4
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8A-6 I
ADJACENT OWNERS � � SPIN REPRESENTATIVE #10
AND, ZONING AL MORIN
TR 3D.
City of Southlake, Texas
CONCEPT PLAN REVIEW SUMMARY
;ase No: ZA 96-124 Review No: Three Date of Review: 11/15/96
Project Name: Concept Plan for S-P-2 Zoning (110-1 uses) - Crestwood Office Park, 3.508 Acres in the
W.W. Hall Survey Abst. # 695
OWNER/APPLICANT:
M + M Group, Inc.
100 W. Southlake Blvd. #320
Southlake. Texas 76092
Phone : (817) 329-6996
Fax :(817)
ENGINEER:
J.E. Levitt Engineers, Inc.
726 Commerce Street, Suite 104
Southlake, Texas 76092
Phone : (817) 488-3313
Fax 817) 488-3315
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/11/96 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT
PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR
NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 481-5581, EXT. 787.
1. Provide a 50' building setback line along the south line adjacent to F.M. 1709.#1 (P & ZAction
11/07196: delete and allow a 40' setback line);
2. - A minimum 8' high screening device meeting the requirements of the Zoning Ordinance No. 480,
Sections 33.2, 33.3, and 39 is required along the entire west property line. The applicant has provided
the required screening
3. The following changes are needed with regard to proposed driveways according to the Driveway
Ordinance No. 634:
A. Correct the driveway spacing distances to 227' along North Carroll Avenue and 510' along
F.M. 1709. The spacing from an intersection is measured from the nearest point of intersection
of the right-of-way lines to the centerline of the proposed driveway.(P & ZAction 11107196:
delete)
B. The driveway intersecting Carroll Ave. must be a minimum of 250' from the intersection of
F.M.1709 for full access driveway. The spacing provided is 227'. A "right-inlright-out only"
driveway is permitted with the spacing as shown. (P & Z Action 11107196: amend to allow a;
"right-inlright-out/left-out" driveway on Carroll Ave.)
C. The proposed driveway intersecting Carroll Ave does not meet the minimum driveway throat
depth of 75'. The depth provided is approximately 30'.(P & ZAction 11/07/96: delete)
D. Provide a Traffic Impact Analysis for this site, if the trip generation of the proposed uses for
this site exceeds any of the criteria established in the Driveway Ordinance No. 634, Section
3.4.
Provide a minimum 10' x 50' loading space for the 16,727 s.f. building. The applicant has provided
a 20' x 30' loading space.
0 A '7
City of Southlake, Texas
P&ZACTION: October 3, 1996; Approved (6-0) applicant's request to table until the November 7,
1996 Planning & Zoning Commission meeting.
November 7, 1996; Approved (4-2) subject to Plan Review Summary No. 2 dated
November 1, 1996 deleting Item #1(provide a 50' building setback line) to allow a 40'
setback line; deleting Item #3A (driveway spacing distances); amending Item #3B
("right-inlright-out only" driveway) to allow a "right-in/right-out/left-out" driveway
on Carroll Ave.; deleting Item #3C (minimum driveway throat depth on Carroll Ave);
adding to delete 10 parking spaces and use pavers for 20 of the remaining parking
spaces; accepting the applicant's commitment to provide an 8' stockade fence with
shadow box along the north property line.
This review is based on the "O-1" Zoning District Regulations.
The applicant should be aware that new submittals for the next scheduled meeting must be received
at the City by 5:00 PM on 11/25/96. If not received by that time, no review will be prepared until
the following submittal schedule. All 17 revised submittals must be folded 6" x 9" and an Il "x 17"
revised reduction must be provided.
Any building on the site that exceeds 20' in height (UBC standard measurement) or one story must
setback from the west and north property lines such that no part of the proposed buildings encroaches
above a 4:1 slope line from each property line. Otherwise, the minimum building setback line from
the west property line and north property, line is 40'.
N. Carroll Ave. is indicated as an 84' R.O.W. on the approved Thoroughfare Plan which requires
a minimum R.O.W. dedication of 42' from the centerline of the apparent existing R.O.W.. If the
opposite side has already dedicated R.O.W. per the Thoroughfare Plan, this project should show
a R.O.W. dedication which provides for the ultimate required 84' R.O.W.. Future alignment of the
off -set between North and South Carroll has been determined. The applicant should contact the
Public Works Dept. for more specific information.
Although no review of the following issues is provided at the concept plan level, staff strongly
recommends that the applicant.evaluate the site for compliance with the following sections of the city
ordinances prior to submittal of the site plan. Note that these issues are only the major areas of site
plan review and that the applicant is responsible for compliance with all site plan requirements.
• Vertical and horizontal building articulation (required on the north, east, south, and west building
facades) per §43.9C 1 c, Ordinance 480, as amended.
• Masonry requirements per §43.9C 1 a, Ordinance 480, as amended and Masonry Ordinance No.
557.
• Interior landscaping per Landscape Ordinance No. 544 and §43.9C3 and Exhibits 43-B and 43-C
on Pages 43-12 and 43-13, Ordinance 480, as amended; and Parking Lot Impacts on interior
landscaping in §43.9C3h and Exhibit 43-D on Page 43-14, Ordinance 480, as amended.
• Residential. adjacency standards per §43.11 and Exhibit 43-E on Page 43-15, Ordinance 480, as
amended.
• Spill -over lighting and noise per §43.12, Ordinance 480, as amended.
• Off-street parking requirements per §35, Ordinance 480, as amended. All areas intended for
vehicular use must be of an all weather surface material in accordance with the Ordinance No. 480,
as amended.
City of Southlake, Texas
• Fire lanes must be approved by the City Fire Department.
Permit from TxDOT must be obtained prior to any curb cut along F.M. 1709.
* The applicant should be aware that prior to issuance of a building permit, a plat must be submitted for
approval and filed in the County Plat Records, a site plan, landscape plan, and irrigation plan along
with the building plans must be submitted for approval and all required fees must be paid. This may
include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer
Impact and Tap Fees, and related Permit Fees.
* Denotes Informational Comment
cc: M + M Group, Inc.
J.E. Levitt Engineers, Inc.
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Page 7 1
If
8A-17
CITY OF SOUTHLAKE, TEXAS
PA R EINN Iffm M
$�� , j � �' ° z �, SUBJECT yT0 THE SPECIFIC
REQUIREMENTS CONTAINED IN THIS ORDINANCE;
CORRECTING THE OFFICIAL ZONING MAP; PRESERVING
ALL OTHER PORTIONS OF THE ZONING ORDINANCE;
DETERMINING THAT THE PUBLIC INTEREST, MORALS AND
GENERAL WELFARE DEMAND THE ZONING CHANGES AND
AMENDMENTS HEREIN MADE; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
9 of the Texas Local Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential and other purposes, and to
amend said ordinance and map for the purpose of promoting the public health, safety, morals and
general welfare, all in accordance with a comprehensive plan; and
WHEREAS, the hereinafter described property is currently zoned as W °'
NUM
r"; under the City's Comprehensive Zoning Ordinance; and
�y
WHEREAS, a change in the zoning classification of said property was requested by a person
or corporation having a proprietary interest in said property; and
WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by
the City Council did consider the following factors in making a determination as to whether these
changes should be granted or denied: safety of the motoring public and the pedestrians using the
L:\CTYDOCS\ORD\CASES\480-219.SP2
Page 1
8A-11
facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise
producing elements and glare of the vehicular and stationary lights and effect of such lights on
established character of the neighborhood; location, lighting and types of signs and relation of signs
to traffic control and adjacent property; street size and adequacy of width for traffic reasonably
expected to be generated by the proposed use around the site and in the immediate neighborhood;
adequacy of parking as determined by requirements of this ordinance for off-street parking facilities;
location of ingress and egress points for parking and off-street loading spaces, and protection of
public health by surfacing on all parking areas to control dust; effect on the promotion of health ad
the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the
concentration of population, and effect on transportation, water, sewerage, schools, parks and other
public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the view
to conserve the value of the buildings, and encourage the most appropriate use of the land throughout
this City; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public
necessity for the zoning changes, that the public demands them, that the public interest clearly
requires the amendments, and that the zoning changes do not unreasonably invade the rights of those
who bought or improved property with reference to the classification which existed at the time their
original investment was made; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in
zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers,
promotes the health and the general welfare, provides adequate light and air, prevents the over-
crowding of land, avoids undue concentration of population, and facilitates the adequate provision
of transportation, water, sewerage, schools, parks and other public requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is
a necessity and need for the changes in zoning and has also found and determined that there has been
a change in the conditions of the property surrounding and in close proximity to the tract or tracts
of land requested for a change since the tract or tracts of land were originally classified and therefore
feels that the respective changes in zoning classification for the tract or tracts of land are needed, are
called for, and are in the best interest of the public at large, the citizens of the city of Southlake,
Texas, and helps promote the general health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City
of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended,
is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed
and amended as shown and described below:
Being a kl§tract of land situated in the
L:\CTYDOCS\ORD\CASES\480-219.SP2
Page 2
8A-12
Bad `, and more fully and completely described in Exhibit "A" attached hereto
and incorporated herein, from A '" c to ne
as depicted on the approved
Concept Plan attached hereto and incorporated herein as Exhibit "B".
Section 2. That the City Manager is hereby directed to correct the Official Zoning map
of the City of Southlake, Texas, to reflect the herein changes in zoning.
Section 3. That in all other respects the use of the tract or tracts of land herein above
described shall be subject to all the applicable regulations contained in said Zoning Ordinance and
all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections,
subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not
amended hereby, but remain intact and are hereby ratified, verified, and affirmed.
Section 4. That the zoning regulations and districts as herein established have been
made in accordance with the comprehensive plan for the purpose of promoting the health, safety,
morals and the general welfare of the community. They have been designed, with respect to both
present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to
lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land;
to avoid undue concentration of population; and to facilitate the adequate provision of transportation,
water, sewerage, drainage and surface water, parks and other commercial needs and development
of the community. They have been made after a full and complete hearing with reasonable
consideration among other things of the character of the district and its peculiar suitability for the
particular uses and with a view of conserving the value of buildings and encouraging the most
appropriate use of land throughout the community.
Section 5. That this ordinance shall be cumulative of all other ordinances of the City of
Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances
except in those instances where provisions of those ordinances are in direct conflict with the
provisions of this ordinance.
Section 6. That the terms and provisions of this ordinance shall be deemed to be
severable and that if the validity of the zoning affecting any portion of the tract or tracts of land
described herein shall be declared to be invalid, the same shall not affect the validity of the zoning
of the balance of said tract or tracts of land described herein.
Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or
refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall
be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
Section 8. All rights and remedies of the City of Southlake are expressly saved as to any
and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances
affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to
such accrued violations and all pending litigation, both civil and criminal, whether pending in court
/or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted
L:\CTYDOCS\ORD\CASES\480-219.SP2
Page 3
8A-13
until final disposition by the courts.
Section 9. The City Secretaryof the City of Southlake is hereby directed to publish the
proposed ordinance or its caption.and penalty together with a notice setting out the time and place
for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and
if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any
of its provisions, then the City Secretary shall additionally publish this ordinance in the official City
newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13
of the Charter of the City of Southlake.
Section 10. This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the day of , 1996.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the
MAYOR
day of , 1996.
L:\CTYDOCS\ORD\CASES\480-219.SP2
Page 4
8A-14
_ ATTEST:
t
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
CITY SECRETARY
L:\CTYDOCS\ORD\CASES\480-219.SP2
Page 5
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Page 7
8A-17
City of Southlake, Texas
STAFF REPORT
November 15, 1996
CASE NO: ZA 96-144 PROJECT: Plat Revision - Lake Crest Addition
STAFF CONTACT: Tom Elgin, Planner II, 481-5581, ext. 753
Dennis Killough, Planner I, 481-5581, ext. 787
REQUESTED ACTION: Plat Revision for the proposed Lots 1R and 2R, Block 1, Lake Crest
Addition, being a revision of Lots 1 and 2, Block 1, Lake Crest Addition,
and being approximately 0.948 acres situated in the Hiram Granberry
Survey, Abstract No. 581.
LOCATION: North corner of the intersection of Lake Crest Drive and Clear Lake
Court
OWNER: Pulte Homes and Kevin Sweeney
/'3PLICANT: Carter & Burgess, Inc.
CURRENT ZONING: "SF-20A" Single Family Residential District
LAND USE CATEGORY: Mixed Use (may include residential and office buildings, hotels, and
commercial and retail centers that serve local and regional needs)
CORRIDOR
RECOMMENDATION: Residential (Any Single Family District)
NO. NOTICES SENT: Seven (7)
RESPONSES: Two (2) responses were received within the 200' notification area:
• Tom Davis, P.O. Box Columbus, Ohio 43216, opposed. "... I truly
feel that this will hinder my ability ... to sell these homes and will
hurt the other homes in the sub -division." See attached letter.
• Linda Burbank 201 Lakecrest Drive, Southlake, in favor. "The plat
is wrong! Please make it right."
P&Z ACTION: November 7, 1996; Approved (6-0), deleting Item #7 (35' building line
along west property line adjacent to Lake Crest Drive) waiving 35'
building line along Lake Crest Drive to allow a 15' building line.
STAFF COMMENTS: Attached is the Revised Plat Review Summary No. 1 dated November 1,
1996. Please see attached letter from Zoning Administrator Karen Gandy
for further clarification.
L:\WP-FILES\MEMO\96CASES\96-144PR.WPD
RM
City of Southlake, Texas
MEMORANDUM
September 26, 1996
TO: Steve Gee, G Development, (972)751-1499
Ed Slaughter, Pulte Homes, (817)481-9048
Kevin and Brenda Sweeney, (817)488-2489
Paul Miller, Aqua Tex Pools, (817)498-8504
FROM: Karen P. Gandy, Zoning Administrator
SUBJECT: Swimming Pool Permit at 100 Clear Lake Ct, being Lot 1, Block 1, Lake Crest
Addition and being zoned "SF-20A" Single Family Residential District
Situation: Mr. and Mrs. Sweeney purchased the above -referenced corner lot, constructed their home, and
contracted with Aqua Tex to build a swimming pool behind their home. A building permit could not be
issued due to the following zoning ordinance provision:
"All other pool(s) may be located in a side or rear yard, but not within a front Yard
[emphasis added] nor forward of the principal building on the lot, and shall not be located
closer than five feet (5') to any side or rear property line nor be located any closer than five
feet (5') to another structure."
Although the proposed pool is to be located behind the home in the area considered by laymen as the
Sweeney's backyard, the area is technically considered a front yard by the ordinance definition of a corner
lot. Therefore, the pool could not be constructed within the platted thirty-five foot (35') setback adjacent
to Lake Crest Drive.
Staff (including Director Last) has spent considerable time reviewing possible solutions to this situation.
We offer the following four (4) options for your consideration:
• OPTION 1: A plat revision could be submitted requesting that the Planning and Zoning Commission
and the City Council reduce the 35' setback adjacent to Lake Crest Drive (perhaps to 25') to provide
additional land area outside of the front setback for the placement of the pool. Timing for this process
is approximately six (6) weeks. after submittal to the City.
• OPTION 2: The Lake Crest Homeowners' Association ("HOA") could purchase a "sliver" of land
from the Sweeney lot thereby creating a public landscape easement or common area lot along the entire
Lake Crest Drive frontage. It would seem that the logical division should be along the 7.5' U.E. This
would entail the relocation of the Sweeney's fence to the new property line. If this option is pursued,
the Sweeney lot would be reduced in size, would no longer have frontage on Lake Crest Drive, and
technically, would no longer be a corner lot with a front yard adjacent to Lake Crest Drive. A plat
revision would have to be submitted in order to accomplish this option. Timing for this process is
approximately six (6) weeks after submittal to the City. Should this option be pursued and approved,
the principal dwelling would then encroach into the newly created rear yard which requires a 35'
setback for properties in the "SF-20A" district. A variance must then be approved by the Board of
Adjustment to permit this encroachment.
City of Southlake, Texas
• OPTION. 3: Consider locating the pool on either side of the house, outside of the 35' front yards as
indicated on the plat.
• OPTION 4: Amend the Zoning Ordinance No. 480 changing the "double" front requirement on corner
lots to a front yard and a side yard adjacent to a street. This option requires that several other
conflicting sections be revised simultaneously in order to properly address the issue. It would take a
minimum of four (4) months to accomplish this option.
In a previous meeting with Mrs. Sweeney and Mr. Slaughter, we discussed these options. Option 1 did
not appear to be viable because the additional 10' did not provide sufficient land area to adequately place
the pool. Option 2 did not seem to be the best solution from Pulte's perspective and could make the
Sweeney's lot nonconforming if the lot area was reduced to less than the minimum 20,000 s.f. required
by the "SF-20A" district. Option 3 did not seem to be the best solution from the Sweeney's perspective
due to the isolation of the side yards from the patio area. Option 4 did not seem viable due to the amount
of processing time.
Should you have questions regarding any of the above, please call me at (817) 481-5581., extension 743.
When a decision is made regarding your choice of the options, I will be happy to assist you any way that
I can.
' •\WP-FILES\MEMO\MISC\SWEENEY.WPD
.. M
. TOM W. DAUIS
614 444-3511
11-05-96 13:30
P . 01 elC� C\ to
Torn W. Davis
P.O. Box 164448
Columbus, Ohio 43216
Phone: (614) 444-4448
Fax: (614) 444-3511
NOTES:
Date:
Nov 05, 1996
To:
Southlake Community Dev.
Company:
-city f
Fax Number:
817 488--9370
From: Tom W. Davis
# of pages including this
cover sheet 1
RE ZA 96-144
I am opposed to the, request for the following reasons:
CThere being only five lots on this cul-de-sac - two homes
/ built at this time (These homes built by Pulte and used as
models, up to this time); I truly feel that this will hinder
my ability (value wise •- as an investor in these Pulte models)
to sell these homes and will hurt the other homes inksub-division.
Pulte laid out the subdivi.son for the best possible use, and in
doing so, sold all of the homes in this subdivision using.
the previous plat/dimensions on lot lines. Now that they have
sold out the sub --division and are now ready to move on, want to
make changes on the two remaining lots, for there pocket book.
Protect me and the other (and future) homeowners and vote NO
on the proposed changes.
They laid it out two years (?) ago, everyone has bought the
property; we should not have to live with the proposed changes.
VOTE NOHI!
Owner of.. Lot #4 WHY WASN'T LOT 0 3 OWNER NOTIFIED???''
confidential fax transmission
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KDALL NEDIL RM
SURVEY A-1037
I.. Lake Crest Homeowners
Z. Dubose-ModelHome Investors
3. T. Davix
t. Pulte Home Corp, of Texas
i. R Burbank
i. R. Yonis
F. Pulte Home Corp. of Texas
i. Lake Crest Homeowners Assoc.
�• Lake/ Homeowners Assoc.
, NING -- MO -A
Adjacent Land Owners
and Zoning
Lakecrest Subdivision Boundry
SPIN IZEPRESENI'ATI V E # 14
DOUG MCKELVEY
RM
City of Southlake, Texas
PLAT REVIEW SUMMARY
ase No: ZA 96-144 Revised Review No: One Date of Review: 11/01/96
Project Name: Plat Revision - Lots 1R and 2R, Block 1, Lake Crest being a revision of Lots 1 and 2,
Block 1, Lake Crest, as recorded in Cabinet A, Slide 1541 P.R.T.C.T., 0.948 Ac. in the Hiram
Granberry Survey Abst. No. 581
OWNER/DEVELOPER: SURVEYOR:
Pulte Home Corp. of Texas Carter & Burgess. Inc.
1431 GreenwaDrive, Suite 700 7950 Elmbrook Drive, Suite 250
Irving. Texas 75038 Dallas, Texas 775247
Phone: (214) 621-0059 Phone: (214) 638-0145
Fax Fax: 214) 638-0447
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/14/96 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT
APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED
FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 481-5581, EXT. 787.
1 Place the City Case Number "ZA96-144" in the lower right hand corner of the plat.
2. Please correct the title to "Plat Revision, Lots 1R and 2R, Block 1, Lake Crest, Being a Revision of
Lot 1 and Lot 2, of the Plat Recorded in Cabinet A, Slide 1541...
Provide the following standard approval block for plat revisions:
Approved by the Planning & Zoning Commission
Date:
Chairman:
P&Z Secretary:
Approved by the City Council
Date:
Mayor:
City Secretary:
4. Provide the missing plat record reference in the legal description.
5. Please delete the "plat amendment" note.
` Correct the "leader arrow" for the 5' dimension offset of the utility easement along the east line of
Lot 2R.
.. .
City of Southlake, Texas
7. A 35' building setback line is required along the westerly property lines adjacent to Lake Crest
Drive. The applicant is requesting a reduction to the standard side yard building setback line of
15'. (P & ZAction 11107196: delete)
P&ZACTION.• November 7, 1996; Approved (6-0), deleting Item #7 (35' building line along west
property line adjacent to Lake Crest Drive) waiving 35' building line along Lake
Crest Drive to allow a 15' building line.
*' All taxes due must be paid prior to filing this plat in the County records.
* Original signatures and seals will be required three blackline mylar prior to filing the plat. Also
required are two sets of owner's dedications and notaries (8.5" x 11" or 14" paper) with original
signatures and seals on each. Mylars will not be accepted if any erasures or original ink, other than
signatures or seals, appear on the plat.
* The applicant should be aware that any revisions made prior to City Council must be received at the
City by 11/11/96. All revised submittals must be folded 6" x. 9" and include an 11'1x 17" revised
reduction.
* Denotes Informational Comment
cc: Pulte Home Corp. of Texas
Carter & Burgess, Inc.
LAWP-FILES\REV\96\96-144PR.1
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---------------------------- 8B-10----------------------------------------------
City of Southlake, Texas
MEMORANDUM
November 15, 1996
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Commercial Developers Agreement.,with Heritage Industrial Park, Block A,
located at S. H. 26 and E. Continental Blvd.
BACKGROUND
The commercial developers agreement for Heritage Industrial Park . is attached. The usual
requirements for performance bonds, letters of -credit or cash escrow, and indemnification are
incorporated in the agreement.
Trammell Crow Company is or has purchased Heritage Industrial Park from Darr Equipment
Company.. Trammell Crow has a "leasee" for the Southlake portion of the tract. As the only
access to S.H. 26 will be E. Continental Blvd. at the railroad crossing which has already been
constructed, the Southlake portion of Heritage Industrial Park is the "key" to the opening of the
entire park. For water and sewer services, Trammell Crow would ,prefer not to enter into an
interlocal agreement with a neighboring city.
Trammell Crow is proposing:
1. Sanitary Sewer
a. They will install a lift station and a force main to pump the sewage to be treated by the
Bank Street Treatment Plant. This will be at 100% developer costs. [See page 10A-6,
Contsum Table, item numbers 5 and 6.]
2. Water Service
a. Developer will need to extend a 12-inch water main from the end of Commerce St.
Normally, the developer is required to pay 100% of the costs for a water extension with
any main greater than an 8-inch line. The oversizing is. paid by the City over a five year
period. Therefore, instead of the developer's proposal of 100% which has the City
funding $160,000, the City's share would be in the range of $20,000 to $30,000. [See
Contsum Table, item number 3.]
3. E. Continental Blvd. Paving
a. Developer is asking for 50% participation in the cost of paving E. Continental Blvd. to
ultimate cross-section which is a four -lane boulevard section with center turn lanes. The
developer owns the adjacent property on both sides of the street. E. Continental Blvd.
will be the major entrance to the industrial park. The only other comparable street built
during a development of property is Versailles Addition on the west side of S. Carroll
1 OA-1
MEMORANDUM
CURTIS E. HAWK
DA FOR HERITAGE INDUSTRIAL PARK, BLOCK A
NOVEMBER 15, 1996
PAGE 2
Ave. The developer of Versailles built, as part of their development agreement, one-
half/two lanes of the ultimate four -lane pavement with the City agreeing "to waive all
perimeter street fees and/or roadway impact fees chargeable to the Versailles Addition".
An adjacent city, Grapevine, charges in a similar situation one-third of the cost to the
property owner on each side of the street with the City paying one-third. Therefore, the
maximum cost that the Staff has informed the developers to recommend to City Council
would be for the City to pay one-third of the cost of constructing E. Continental Blvd.
These figures were derived from the attached table of cost estimates which illustrate the
City's one-third share would be $184,333 [33% of $553,000 which is the sum of items
1 and 2 of Contsum Table] .
4. State Highway 26 Improvements
a. Assuming that the Heritage Industrial Park is not built then, whenever the City would
connect E. Continental Blvd. to S.H. 26 the City would need to provide similar
improvements, i.e., widening of S.H. 26 to. provide a turn lane, acceleration and
deceleration lanes, and signalization. Due to the railroad crossing and the pavement is
connected to S.H. 26 being already established, there is really no need for the developer.
{� to obtain a permit from TxDot; therefore, there will -be no requirement to make
improvements to S.H. 26 for the Southlake. development. A Traffic Impact Analysis
(TIA) has been conducted of the area. The TIA specifies that the. proposed improvements
are necessary for the total development of which 80%. is in the City of Grapevine. Based
upon the attached TxDot Permit to Construct Access. Driveway Facilities (attachment
"A"), TxDot will "require when a traffic signal is warranted" someone other than TxDot
to fund the engineering, signalization of the intersection and any alteration to S.H. 26
necessitated by E. Continental Blvd. According to the "permit", the City of Grapevine -
has "tentative conditional approval" for the installation.
If the developer pays 50% of the cost of the traffic control facilities on S.H. 26, it will
probably -be more than the City can require. However, after several discussion with the
City of Grapevine's staff, we learned that Grapevinewill require the S.H. 26/Continental
Blvd. intersection to be improved as part of their agreement with the developer for the
70± acres of the Heritage Industrial Park that is within Grapevine's city limits.
Because Continental Blvd. will be extended in the near future to allow Southlake residents
to access S.H. 26, Council may want to consider some participation in the construction
of the improvements for S.H. 26. The developer is asking for 50% City participation or
$111,500 of a $223,000 project. [See item 4 of the Contsum Table.]
1 OA-2
MEMORANDUM
CURTIS E. HAWK
DA FOR HERITAGE INDUSTRIAL PARK, BLOCK A
NOVEMBER 15, 1996
PAGE 3
5. The developer is also asking:
a. not to pay the 2 % administrative and 3 % inspection fees
1) This equals 5%of $1,086,000 or $54,300.
b. not to pay the Street Impact Fee which may equal $110,521.12
1) 1.66 (Industrial Park) x 165,000 ft2 x $403.509/1,000ft2
6. Trammell Crow is asking:
a. $404,000 cash (Contsum Table) +164,821 (waivers), fora total of $568,821.
COMMENTS
Based upon past development agreements, City Council has agreed to pay for oversized water
mains; some portion of arterial streets via the perimeter street fee, impact fee or shared
construction; and sharing of signalized intersection improvements, i.e., Kimball at F.M. 1709
which was a 50% shared project. The following table shows the developer's requests and staff's
comments.
(7)
Construction Fees
12-inch water main
160,000
160,000
30,000 (oversizing only)
sewer service
150,000
0
lift station
E. Continental Blvd.
553,000
(50%) 275,500
184,333 (one-third the cost)
S.H. 26
223,000
(50%) 111,500
111,500 (maximum)
Construction Totals
1,086,000
548,000
325,833
Waivers
5 % fees 54,300
Street Impact Fee 110,521
Waiver Totals 164,821
10A-3
MEMORANDUM
CURTIS E. HAWK
DA FOR HERITAGE INDUSTRIAL PARK, BLOCK A
NOVEMBER 15, 1996
PAGE 4
The developer is not in total agreement with the staff and will present to City Council their
reasoning.
Staff requests that this item be placed on the November 19, 1996 Regular City Council Agenda
for City Council's consideration.
G,V�
BW/Is
attachments: Crow Investment Trust Letter dated 11-05-96
Contsum Table
TxDot permit
developer agreement
plat exhibit
C:\WPWIN6OkWPDOCSICOMMERCMERITAGE\DEV-ACR.MEM
1 OA-4
CROW INVESTMENT TRUST
ASSET MANAGEMENT
3500 Trammell Crow Center
2001 Ross Avenue 214-863-4000
(__allas, Texas 75201-2997
Via Federal Express
November 5, 1996Eli
j ": V ; - - ..ti j.
Mr. Bob Whitehead
Nov a `
. .
Department of Public Works
City of Southlake
667 North Carroll Avenue
Southlake, Texas 76092
Re: Commercial Developers Agreement
Heritage Industrial Park
Southlake, Texas
Dear Bob:
In connection with the planned development of Heritage Industrial Park in the City of
Southlake, and pursuant to the request of Doug Gordon and Pat Perot of Trammell Crow
Company, I am enclosing the Commercial Developers Agreement for your review and
'omments.
Thank you for your consideration in this matter. I can .be reached at 214/863-3473 if you
have any questions or comments.
Sincerely,
Donna L. Gulledge
Paralegal
DLG/me
enclosures
cc: Pat Perot (w/enclosures)(via Fax: 214/979-6326)
Doug Gordon (w/enclosures)(via Fax: 214/979-6377)
Bryant Burke, Esq. (w/enclosures)(via Fax: 214/999-7778)
Randy Jurgensmeyer, Esq. (w/enclosures)(via Fax: 214/999-7790)
Jeanna Camp (w/enclosures)(via Fax: 214/863-3421)
1 OA-5
Contsum
Engineer's Statement of Probable Costs
"7tage Industrial Park, in Southlake, Texas
mmell Crow Company
sociates,Inc. - AVO 15313 -October 29, 1996
F�Halff
o. Description
ontinental Boulevard Paving
2
1 412-inch
ontinental Boulevard Drainage
E3 Water Line E.ztension
Total Amount
$ 352,000
$ 201,000
$ 160,000
$ 223,000
$ 83,000
$ 67,000
City
Participation
$ 176,000
$ 100,500
$ 160,000
$ ) �'��►Q
$
$ -
Developer
Participation
$ 176,000
$ 100,500
$ -
$ J j i Apo
$ 83,000
$ 67,000
4 IState Highway 26 Improvements
in
M
$ 1,086,000.
$ 5-
$
Note: These estimates were prepared utilizing standard cost and quantity
estimating practices. It is understood and agreed that this is an estimate
only and that the Engineer shall not be liable to the Owner or a third party
for failure to accurately estimate the cost for this project or any part thereof.
The estimates include 6% Engineering and 15% Contingencies.
U,
Page 1
1 OA-6
-__-�12-86 PERMIT TO CONSTRUCT ACCESS DRIVEWAY FACILITIES
ON HIGHWAY RIGHT-OF-WAY
SUPERCEDES: 13- SC-188-94
o: CITY OF SOUHLAKE Hwy. SH 26 Permit No. 13- SC- 25-95
C/O MR. ROBERT R. WHITEHEAD Control 363 Section 1
DIRECTOR OF PUBLIC WORKS
667 NORTH CARROLL AVENUE
SOU H AKE, TEXAS 76092
The Texas Department of Transportation, hereinafter called the State, hereby authorizes
CITY OF SOUTHLAKE hereinafter called the grantee, to (re)construct
an access driveway on the highway right of way abutting highway. no. SH 26 in TARRANT
County, located ON SH 26 (GRAPEVINE HWY.) LOCATED APPROXIMATELY 4000' SOUTH OF SH 114
ON THE WEST SIDE OF THE ROADWAY.
Subject to the following:
1. The grantee is responsible for all costs associated with the construction of this
access driveway.
2. Design of facilities• shall be as follows and/or as shown. of sketch.
TO MAKE. A STREET CONNEC,TION (CONTINENTAL BOULEVARD)• TO SH 26 IN ACCORDANCE WITH THE
ATTACHED PLANS. THE CITY OF SOUTHLAKE/GRAPEVINE SHALL PLACE A PIT BARRIER TO
PROHIBIT• ACCESS TO CO TTINETNAL.BLVD. FROM SH.26.UPON COMPLETION OF THIS PROJECT.
THE TYPE OF BARRIER SHALL BE REVIEWED AND APPROVED BY TXDOT SEE ATTACHMENT "A'.
All construction and materials shall be subject to inspection and approval by the
State.
3(—,s
lintenance of facilities constructed hereunder shall be : the responsibility of the.
intee, and State reserves the right to.require.any changes, maintenance or repairs
may be necessary to provide protection of life•or property,on or adjacent to the
highway. Changes in design will be made only with approval of the State.
4.. The Grantee shall hold harmless the State and:.. its duly appointed agents and.
employees against any action for personal injury or, property damage sustained by
reason of the exercise of this permit.
5. The Grantee shall not erect any sign on or extending over any portion of the highway
right of way, and vehicle service fixtures such as service pumps, vender stands, or
tank shall be located at least twelve (12) feet from the right-of-way line to ensure
that any vehicle services from. these fixtures will be off the highway.
6. This permit will become null and void if the above -referenced driveway facilities
are not constructed within six (6) months from the issuance date of this permit..
MR. ROBERT HOOKS, RMS V
7. The Grantee will contact the State's representative SAGINAW, TEXAS telephone
(817) 283-2731 at least twenty- four.(24) hours prior to beginning - the work—aut orize-a
by this permit.
Date of Issuance: FEBRUARY 17, 1995
/�_ T)i-strict Engii er
The undersigned agrees to comply with the terms and condition set forth i ie perm;;=
for construction of and access driveway oy�-'ifi `r,ig rzgr oA way . //\, 7. '
TT PROCESS: 8 DAYS
Da% FEBRUARY 9, 1995
STX T CIT`i OF GRAPO INE:
r . l�r HcO!".D :
/r: Glenn E. El iottG P.E.
Director of Maintenance
Texas Department of Transpor`atij,
Highway Division
IOA-7 P. 0. Box 6868
oft Wvtlh. TX 76115-0686
State Department of Highways
and Public Transportation
Form 1058—R6. 12-86
Permit to Construct Access Driveway Facilities .
on Highway Right of Way
To: -Mr. Chuck Humphries Hwy. Permit .No. _
2501 SW Loop 820 Control Section
Fort Worth, Tx 76133 -
The State Department of Highways and Public Transportation, hereinafter called the State, hereby authorizes City
of Southlake , hereinafter called the grantee, to (re) construct an access driveway oil the highway
right of way abutting highway no. SH 26 in Tarrant County, located approximately
4 000 ft. SW of SH 114
Subject to the following:
1. The grantee is responsible for all costs associated with the construction of this access driveway.
2. Design of facilities shall be as follows and/or as shown on sketch:
Plans are attached, prepared by Kimley-Horn and Associates, Inc
All construction and materials shall be subject to inspection and approval by the State.'
3. Maintenance of facilities constructed hereunder shall be the responsibility of the grantee, and the State reserves the right
to require any changes, maintenance or repairs as may be necessary to provide protection of life or property on or adja
cent to the highway. Changes in design will be made only with approval of the State.
4. The Grantee shall hold harmless the State and its duly appointed agents and employees against any action for personal
�� or property damage sustained by reason of the exercise of this permit.
5. 1. r, Grantee shall not erect any sign on or extending over any portion of the highway right of way, and vehicle service
fixtures such as service pumps, vender stands, -or tanks shall be located at least twelve (12) feet from the right-of-way
line to ensure that -any vehicle services from these fixtures will be off the highway.
6. This permit will become null and void if the above -referenced driveway facilities are not constricted within six (61 .
months from the issuance date of this permit.
7. The Grantee will contact the State's representative telephone
( ) at least twenty-four (24) hours prior to beginning the work authorized by this permit.
Date of Issuance
Te as Department of TranSportatia,; . State Depai7ment of Highways
Highway Division and Public T-{pruition
P. 0. Box 6868 iJ in:
Fort Worth, TX
76115-0686 ` 1 !1 U k, � '.
District Engineer
The undersigned hereby agrees tocomply with the terms and conditions set forth in .this permit for construction of an access
driveway on the highway right of way.
Signed:
Date: 2-9-95
Director of Public Works
City of Southlake
10A-8
t 4 --The City.;..of Southlake'and/or C1;ty `of,3 Grapevines shal}1} ma%z,tain;
iono
the barrier until` such acme` the'z extens:f Contiri'ential
Boulevard16 cons tructea and opened° etc ,trai c
The'c:ons,tru-ctior of Contin;enta-1 Boulevard has: been .discussed ford
several years. ..TXDOT.:;has :'granted :tent.a.tiwe,. condi Aona:l approval ,
to the City of Grapevine :for 'the insta At Ion of a traffic signal
at, this location- when °there: are suff-ici,erit traffic ;:volumes -to'':
warranta signal: When a.traffic'`s1ghal Ts . warranted; -the. City
of Grapevine has agreed to provide,..the=`:engineering.construction .
plans and construction funds.,for
a. Signalization of the..new''access point to SH 26 at Continental;.,,
Boulevard.
b. Construction of any alterations to SH 26 necessitated .by-.
Continental Blvd. and the signalization.
I OA-9
Zia: V y ri�cty44CL Texas,: •sna11 • .Ae. _:noza<=1ea i enz + Lvui ;uour5
prioy'�to:.beginning work authorized by .^this'; permit
Jk
8 Mr James. Ward,. Traffic S-ignal Supervisor,.xteIephone number
817 3:70 6'6T1;: shall 'be noti.£ied forty ei;ght:- hours prior :°to'
beginning' any excavation withi:n.; the right 0: way in;;order
that° :`' the State .. may :. veriify; the existence; Of any: 'ePep trical
wiring :Failure t.o'provide proper notification will result'in
the,' mmediat,e_. repair at the ,grantee's.:expense .Replacement of
al l 'wi`r rn'g . ('loops or :conduit) and/or signal "' reacted i tems
within'the tight =of=way in the operation of any bxlisti.ng
signal shall:be at other's expense and responsibi'Ii.ty.
10A-10
COMMERCIAL DEVELOPERS AGREEMENT 1I/7 7I96
An agreement between the City of Southlake, .Texas, hereinafter referred to as the City, and the
undersigned Developer, hereinafter referred to as the Developer, of IefttagZadu�ia k
to the City of Southlake, Tarrant County, Texas, for the installation of certain
community facilities located therein, and to provide city services thereto. It is understood by and
between the parties that this Agreement is applicable toertt` t = ustiaFa Exoel, (a
commercial development) and to the off -site improvements necessary to support the subdivision.
I. GENERAL REQUIREMENTS:
A. It is agreed and understood by the parties hereto that the Developer shall employ
a civil engineer .licensed to practice in. the State of Texas for the design and
'preparation of the plans and specifications for the construction. of all, facilities
covered by this agreement.
B. The Developer will present to the City either a cash escrow, .Letter of Credit,
performance bond or payment bond acceptable to the City guaranteeing. and
agreeing to pay an amount equal to 100 % of the value of the construction cost of
all of the public facilities to be constructed by the Developer, and providingfor
payment to the City of such amounts, up to the -total remaining amounts required
for the completion of the subdivision if the Developer fails to complete the work -
•within two (2) years of the signing of this agreement- between. the .City and.
Developer. All bonds should -be approved by'a Best -rated bonding company.. All
letters of credit must meet the Requirements for Irrevocable Letter of Credit.
attached hereto and incorporated herein.
The value of the performance bond, letter of credit or .cash escrow will reduce at
a rate consistent with the amount of work that -has been completed by the
Developer and accepted by the City. Performance and payment bond; letter.of
creditor cash escrow from the prime contractor(s) or other -entity reasonably.
acceptable to City; hereinafter referred to as Contractor, will be acceptable in lieu..
of Developer's obligations specified above.
C. The Developer_ agrees to furnish to the City maintenance bonds, letter of creditor
cash escrow amounting to 20 % of the cost of construction of underground public
utilities and 50 % for the paving. These maintenance bonds, letter of credit or cash
escrow will be for a period of two (2) years and will be issued .prior, to the final
City acceptance of the subdivision. The maintenance bonds, letter of credit or cash
escrow will be supplied to the City by the contractors performing the work, and
the City will be named as the beneficiary if the contractors fail to perform any
1OA-11
required maintenance.
D. It is further agreed and understood by the parties hereto that upon acceptance by
City, title to all facilities and improvements mentioned hereinabove; which are
intended to be public. facilities, shallbe vested in the City of Southlake and
Developer hereby relinquishes any right, title, or interest in and to said facilities
or any part thereof. It is further understood and agreed that until the City accepts
such improvements, City shall have no liability or responsibility in connection with
any such facilities. Acceptance of the facilities for this provision and for the entire
agreement shall occur at such time that City, through its City Manager or his duly
appointed representative, provides Developer with a written acknowledgment that
all facilities are complete, have been inspected and approved and are being
accepted by the City.
E. On all public facilities included in this agreement for which Developer awards his
own construction contract,. the Developer agrees to the following procedure:
se W114111,De elope i �n ,P �e xequ�red tb pay any � spection fees o
ths;}andsanify�ewef
( 2 , r. ,
�a a'a1' .N"$ �a� , a.t� ' fr.. �,,,., �.�
d,_., .,..,4i% ,➢ „�k6Pia„ �3,>.,o,k>i�,d., t,�"•ar, ",., d�S�3N /uxr,.,..,::,.. >Y.,d
uu�t� ocos pdblzc water�streetsdrau�a ecrhttesx
. �• � �r� '�z��.., _ .� �,.�„� e� , u.��,ti,.. , ,. .. ? .s ., sari.,, �,rs.. , g.,..c.fi, us. _..a...... -1e
It is agreed by both the City and the Developer that the City will pay the
following testing fees and the Developer will be responsible to pay for all
other testing fees required -by the City .not listed below:
a) All nuclear density tests on the roadway subgrade (95 % Standard).
Trench testing (95 %. Standard) shall be paid by the Developer;
b) All gradation tests required to insure proper cement and/or lime
stabilization;
c) Technicians time for preparing concrete cylinders;
d) Concrete cylinder tests and concrete coring samples.
Charges for retesting as a result of failed tests will be paid. by the
Developer. Fees are payable prior to construction of each phase, based on
actual bid construction costs.
The Developer will be responsible to pay for all inspection fees when
\� inspection is required on Saturday or Sunday. These fees are considered
10A-12
~ over and above the 3 % inspection fee as stated above. Acceptance of the
project will not be given until all inspection fees are paid.
3. To delay connection of buildings to service, lines or water mains
constructed under this contract until said water mains and service .lines have
been completed to the satisfaction of and accepted by the City.
F. The Developer will be responsible for mowing all grass and weeds and otherwise
reasonably maintaining the aesthetics of all land and lots in said subdivision which
have not been sold to third parties. After fifteen (15) days written notice, should
the Developer fail in this responsibility, the City may contract for this service and
bill the Developer for reasonable costs. Such amount shall become a lien upon all
real property of the subdivision so maintained by the City, and not previously
conveyed to other third parties, 120 days after Developer has notice of costs..
G. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.)
submitted by the Developer or Contractor on a form other than the one which has
been previously approved by the City -as .'acceptable" shall be submitted to the City
Attorney for the City and this Agreement shall not be considered in effect until
such City Attorney has approved the instrument. Approval by the City shall not
be unreasonably withheld or delayed.
H. Any surety .company through which a. bond is written shall be a surety company
duly authorized to do business in the State of Texas, provided that the. City;
through the City Manager, shall retain the right to reject any surety company as
a surety for any work under this or any .other Developer's Agreement within the
City of Southlake regardless of such company's authorization to do business in
Texas. Approval by the City shall not be unreasonably withheld or delayed.
I. The Developer agrees to fully comply with the terms and conditions of all other
.applicable development regulations and ordinances of the City of Southlake..
J. The Developer agrees that the completed .project .will be constructed in
conformance with.the Development Site Plan, Construction Plans and other permits
or regulatory authorizations granted by the City during the development review
process.
II. FACILITIES:
A. ON SITE WATER:
The Developer hereby agrees to install water facilities to service lots as shown on
the final plat of the Heritage Industrial"A , Blocky=A, to the City of Southlake.
Water facilities will be installed in accordance with plans and specifications to be
prepared by the Developer's engineer and released by the City. Further, the
1OA-13
Developer agrees to complete this installation in accordance with Ordinance No.
170 and shall be responsible for allconstruction costs, materials and engineering.
In the event that certain water lines are to be oversized because of City of
Southlake requirements, the City will reimburse the Developer for the oversize. cost
greater than the cost of an 8" line. Additionally, the City agrees to provide
temporary water service at Developer's request and expense, for construction,
testing and irrigation purposes only, to individual lots during the construction of
buildings;, even though sanitary sewer service may not be available to the
buildings.
B. DRAINAGE:
Developer hereby agrees to construct the necessary drainage facilities within the
addition. These facilities shall be in accordance with the plans and specifications
to be prepared. by•Developer's engineers, released by the City Engineer, the City,
and made part of the final plat as approved by the City Council. The. developer
hereby agrees to. fully comply with all EPA requirements relating to the planning,
permitting and management of storm water. which may be in force at the time that
development proposals are being presented for approval by the City. The�ty w�11
nlur9e„the DeVelopereantYurdo thetptl�czsti`ucton cosh foray
�. ,,,
d'axnaeacilites „
C. STREETS:
1. If applicable, the street, construction in the 4eigeIdsxaXz�,�1t�1
A, commercial development of the -City. of .Southlake Addition shall
conform to the requirements in Ordinance No. 217. Streets. will be
installed in accordance with plans and specifications to be prepared by the
Developer's engineer and released by the City Engineer,
2. The Developer will be responsible for: a) Installation and two -year
operation of street lights; b) ,Installation of all street signs designating the
names of the streets inside the subdivision, said signs to be of a type, size,
color and design standard generally employed by the Developer and
approved by the City in accordance.with City ordinances: c) Installation -
of all regulatory signs recommended by the Manual on Uniform Traffic
Control Devices and as determined by the Developer's engineer and
reviewed by the Public Works Director.
3. All street improvements will be subject to inspection and approval by the
City of Southlake. No work will begin on any street included herein prior
to complying with the requirements contained elsewhere in this agreement.
All water, sanitary sewer, andstorm drainage utilities which are anticipated
to be installed within the street or within the street right-of-way will be
completed prior to the commencement of street construction on the specific
10A-14
section of street in which the utility improvements have been placed or for
which they are programmed. It is understood by and between the
Developer and the City that this requirement is aimed at substantial
compliance with the majority of the pre -planned facilities.
4 • 1eCFty�lll enbursetha y D^eeloperM_ :one t1?dx eftle tofal
corl�tct�on�toallta eetfacilitiesq'. It is understood that in every
construction project a decision later may be made to realign a line or
service which may occur after construction has commenced. The
Developer has agreed to advise the City Director of Public Works as
quickly as possible when such a need has been identified and to work
cooperatively with the City to make such utility change in a manner that
will be least disruptive to street construction or stability.
D. . ON -SITE SANITARY SEWER FACILITIES:
The Developer hereby agrees to. install sanitary sewerage collection facilities to
service 13N ' as shown on the final plat of �,erit g Tt dnstrtal rPa k, to' the City.
of Southlake. Sanitary sewer facilities .will be installed in accordance with the
plans and specifications to be prepared by the Developer's engineer and released
by the City. Further, the Developer agrees to complete this installation in
compliance with all applicable city ordinances; regulations and codes and shall -be
�^ responsible for all construction costs, materials and engineering. .
E. EROSION CONTROL:
During construction of the subdivision and after the streets have been installed, -the
Developer agrees to keep the streets free from soil build-up. The Developer agrees
to use soil control measures such -as hay bales, silt screening, hydromulch, etc., to
prevent soil- erosion. It will be the Developer's responsibility to present to the
Director of Public Works a soil control development plan that will be implemented
for this 'subdivision. When in the opinion of the Director of Public. Works there
is sufficient soil build-up on the streets or other drainage areas and notification has
been given to the Developer, the Developer will have seventy-two (72) hours to
clear the soil from the affected areas. If the Developer does not remove the soil
within 72 hours, the City may cause: the soil to be removed either by contract or
City forces and place the soil within the subdivision at the contractor's expense.
All fees owedto the City will be collected prior to acceptance of the subdivision.
F. AMENITIES:
It understood by and between the City and Developer that. the Heritage Industrial
Park, ; lock,��'s, may incorporate a number of unique amenities and aesthetic
improvements such as ponds, aesthetic lakes, unique landscaping, walls, and may
incorporate specialty signage and accessory facilities. The Developer agrees to
10A-15
accept responsibility for the construction and maintenance of all such aesthetic or
specialty items such as walls, vegetation, signage, landscaping, street furniture,
pond and lake improvements until such responsibility is turned over to a or4perty
oOlt Q .
G. USE OF PUBLIC RIGHT-OF-WAY:
It is understood by and between the City and Developer that the Developer may
provide unique amenities within public right-of-way,. such as landscaping,
irrigation, lighting, etc., for the enhancement of the addition. The Developer
agrees to, maintain these amenities until such responsibility is turned over to a
ope�xtyownersassgciatori. The Developer understands that the City shall not be
responsible for the replacement of -these amenities under any circumstances and
further agrees to indemnify and hold harmless the City from any and all damages,
loss or liability of any kind whatsoever by reason of injury to property or third
person occasioned by its use of the publicright-of-way with regard to these
improvements and the 'Developer shall, at his own cost and expense, defend and
protect City against all such claims and demands.
H. START OF CONSTRUCTION:
Before the construction of the water, sewer, streets or drainage facilities can.begin;
the following must take place:
1. Approved payment and performance bonds submitted to . the City in the
name of the City prior to the commencement of any work.
2. At least (3j six( sets of construction plans stamped "Released for
Construction" by the City Engineer.
3. All fees required by the City to be paid to the. City.
4. Developers Agreement executed.
5. The Developer or Contractor shall furnish to the City a policy of general
liability insurance naming -the City as co-insured, prior to commencement
of any work.
6. A pre -construction meeting between Developer and City is required.
Developer or contractor shall furnish to the City a list of all sub -contractors.
and suppliers, which will be providing greater than a $1,000 value to Park.
1OA-16
III. GENERAL PROVISIONS:
A. INDEMNIFICATION
DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND
AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE
OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY
AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT
LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS,
EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF
OR IN CONNECTION WITH,. DIRECTLY OR INDIRECTLY, THE
CONSTRUCTION; MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR
LOCATION OF SAID IMPROVEMENT OR IMPROVEMENTS, AND.
SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY
PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY ALL
ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES, INVITEES, OR TRESPASSERS.
DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS OFFICERS AND,
EMPLOYEES FOR ANY DAMAGES,'CLAIMS OR LIABILITIES ARISING
FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE
CONCURRENT NEGLIGENT ACTOR OMISSION, OF THE CITY, ITS
OFFICERS AND EMPLOYEES.
B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County,
Texas.
C. Approval by the City. Engineer or other City employee of any plans, designs or
specifications submitted by the Developer pursuant to this agreement shall not
constitute or be deemed to be a release of the responsibility and liability of the
Developer, his engineer, employees, officers or agents for the accuracy and
competency of their design and specifications. Such approval shall not be deemed
to be an assumption of such responsibility and liability by the City for any defect
in. the design and specifications prepared by the consulting engineer, his officers,
agents, servants or employees, it being the intent of the parties that approval by the
City Engineer signifies the City's approval on only the general design concept of
the improvements to be constructed. In this connection, the Developer shall for
a period of two (2) years after the 'acceptance by the City of Southlake of the
completed construction project, indemnify and hold harmless the City, its officers,
agents, servants and employees, from any loss, damage, liability or expense on
account of damage to property and injuries, including death, to any and all persons
10A-17
which may arise out of any defect, deficiency or negligence of the engineer's
designs and specifications incorporated into any improvements constructed in
accordance therewith, and the Developer shall defend at his own expense any suits
or other proceedings bought against the City, its officers, agents, servants or
employees, or any of them, on account thereof, to pay all expenses and satisfy all
judgements which may be incurred by or rendered against them or any of them in
connection with herewith.
D. This agreement or any part thereof or any interest herein, shall not be assigned by
the Developer without the express written consent of the City Manager, which
shall not be unreasonably withheld or delayed.
E. On all facilities included in this agreement for which the Developer awards his own
construction contract, the Developer agrees to employ a construction contractor
who is approved by the City, and whose approval shall not be unreasonably
withheld or delayed, said contractor to meet City ' and statutory requirements for
being insured, licensed and bonded to do work in public projects and to be.
qualified in all respects to bid on public projects and to. be qualified in all respects
to bid on public projects of a similar nature.
In addition, the Developer; or Contractor shall furnish the payment and.
_ performance bonds in the name of the City prior to the commencement of any
work hereunder and shall also furnish to the City -a policy ,of general liability
insurance.
F. Work performed under the: agreement shall be completed within two (2) years from .
the date thereof. In the event the work is not completed within the two (2). year
period, the City may, at its election, draw down on the performance bond, letter
of credit or other security provided by Developer and complete such work at
Developer's expense; provided, however, that if the constructionunder this
agreement shall have started within the two (2) year period, the City may agree to
renew the agreement with such renewed agreement to be in compliance with the
City policies in effect at that time.
IV. OTHER ISSUES:
A. PARK FEES:
The developer agrees to pay the Park Fee for Heritage Industrial;°Park, Block A,
of $500 per acre/lot, in accordance with the Subdivision Ordinance No. 483,
Section 7.0. There are approximately I 054 acres in Heritage <Tndustrial Park,
Biock A, which would bring the total cost of Park Fee to $5,527.
1OA-18
B STA�EH�ICI�iWA
ThenJDe�elap�o h�.`eb���ee�td� pyi�o a �� , �g� �r�o�
C. ROADWAY IMPACT FEE
T1 De1c2e lla ' b7xepos�ble 3to ply t"2 w�yImiact Fees
.,Y., . .
aca�c�ance, �d�r �� ,,�� E�7, estunatedtoli� py ��p
SIGNED AND EFFECTIVE on the date last set forth below.
DEVELOPER:
By: Crow Family, Inc., its general partner
Title:
Address: 3200 Trammell Crow Center
2001 Ross Avenue
Dallas, Texas 75201
Date:
CITY OF SOUTHLAKE, TEXAS
Un
Rick Stacy, Mayor
ATTEST:
Sandra LeGrand, City Secretary
Date:
�� 10A-19
REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT
1. The Letter of Credit (L of C) must have a duration of at least one year.
2. The L of C may be substituted for utility security deposits exceeding $10,000.00. The
City reserves the right to specify the face amount of the letter of credit.
3. The L of C must be issued by an FDIC insured bank in a form acceptable to the City of
Southlake. The City reserves the right to approve/disapprove the bank issuing the
Letter of Credit.
4. The L of C must be issued by a bank that has a minimum capital ratio of six (6%)
percent, and has been profitable for each of the last two consecutive years.
5. The customer must provide the City with supporting financial information on the bank
to allow the City to ascertain requirements are met. Suitable financial information
would be the previous two (2) years December 31 Call Reports submitted to the FDIC
and audited financial statements
6. Partial drawings against L of C must be permitted.
r7. The City must be able to draft on sight with proof of amount owed.
8. The customer pays any and all fees associated with obtaining L of C.
9. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days
prior to the expiration date on the L of C held by the City.
C;\W P W IN60\W PDOCS\COMM ERCIVIERITACMDEV-AGR. W PD
1OA-20
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10A-22
City of Southlake, Texas
MEMORANDUM
November 15, 1996
TO: Curtis E. Hawk, .City Manager
FROM: Greg Last, Community Development Director
SUBJECT: Schedule for Master Plans and Ordinances - As of November 15, 1996
Attached is the projected schedule for items to be considered by the City Council as determined by
the management staff. Note that there are two versions of the same schedule, sorted differently as
follows:
A. Sorted by Council Meeting Appearance: This shows each item sequentially in order of
intended appearance before the City Council.
B. Sorted by Council Priority Ranking: This shows each item in order of ranking by the City
Council and when we expect to be able to bring those to the Council.
You will note that there is not a direct correlation between the scheduled appearance before Council
and the ranking given by Council. As this is our first attempt to formalize the Council priorities,
it should not be a surprise that some items that we have been working on will be ready for action
before items that have been recently determined to be priorities. It our hope and expectation that
over time there will be a more direct correlation between Council's desired priorities and staff s
projected schedule for completion. In fact this is the main purpose of this entire exercise.
We have tried to take into consideration particular items which would not require as much
preparation effort and in some cases these have been scheduled prior to items with higher priorities
which will take considerable effort to prepare.
Please contact me or any of the directors if you have any questions.
GL/ 1
g (q...
enc: Master Plans and Ordinances Scheduled as of November 15, 1996
L:\WP-FILES\PROJECTS\PRIORITY\PERTI.MEM
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1OB-5
City of Southlake, Texas
MEMORANDUM
November 15, 1996
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Authorize the City Manager to Execute a Professional Services Agreement with
Wiss, Janney, Elstner Associates, Inc., for the Preparation of Plans and
Specifications for Pavement Remediation
BACKGROUND
City of Southlake has incurred several concrete street pavement failures. These failures occur in
various residential additions usually over deep sanitary sewers and two or three years after
construction. With the assistance of Timarron and Wright Construction, the City of Southlake
entered into a contract with Wiss, Janney, Elstner Associates Inc. (WJE) to investigate the
distressed and failed pavement in Timarron, Phase I. By understanding the reasons for the
problem in Timarron, we would be able to understand the problem in other areas of the City.
City Council then authorized a "field testing" study to be conducted of the recommendations in
the Investigation of Pavement Distress, May 10, 1996 prepared by Wiss, Janney, Elstner
7Associates, Inc. The test of injecting a slurry grout into the gravel sanitary sewer pipe bedding
) ; was conducted from July 15, 1996 to September 5, 1996. In summary, the results "indicate that
slurry grouting can be used as an effective means for filling the voids in'the bedding material. .
.". The report recommends that the following actions be taken "in preparation for the
implementation of a full scale slurry grouting program":
1. update the assessment of street conditions
2. development of plans and refinement of the specifications as presented in the report.
(Appendix, Section 10.0)
3. solicitation of bids.
COMMENTS
Staff recommends that City Council authorize the City Manager to enter into an agreement with
Wiss, Janney, Elstner Associates to provide the City with the following:
1. an updated assessment of street conditions
2. develop plans and refine the specifications
3. solicitation of bids for the Utility Trenches Report as recommended in the October 11, 1996
Results of Trial Grouting.
111_�
IOC-1
MEMORANDUM
CURTIS E. HAWK
C_')ROF. SERVICE/WJE
)AVEMENT DISTRESS STUDY
NOVEMBER 15, 1996
PAGE 2
The contract will be not to exceed $28,000.
A tentative schedule for the updated assessment arpd plans to be competed in mid -January 1997. City
Council will then need to authorize the City Manager to advertise and seek bids for the grouting and
reconstruction of the streets. This action would probably be at the first February meeting. Then Council
would receive the bid information at their first or second meeting in March.
Staff requests that this item be placed on the November 19, 1996 Regular City Council Agenda for City
Council's consideration.
let
BW/ls
attachment: agreement
C:\ W P W IN60\WPDOCS\.STREEfS\DISTRESS\PAV•DIS.SME
1OC-2
WJE
J.G. STOCKBRIDGE
D.W. PFEIFER
W.O. HIME
I.R. CHIN
P.L POPOVIC
SA FREEMAN
J.F. WISS (1981)
JJL JANNEY
R.C. ELSTNER
KJ.BEASLEY
SA BORTZ
J.D. CONNOLLY
D.W. DENO
J.W. HALL
HJ. HUNDERMAN
GJ. KLEIN
A.W. LAFRAUGH
D.F. MEINHEIT
F.L. METZ
D.S. PATTERSON
W F. PERENCH10
D.T. PYLE
J.M. SCANLON
J.F. SEIDENSTICKER
J.P. STECICH
R.H.R. TIDE
WE WHITE
G.LZWAYER
J.F. DUNTEMANN
LF. ESTENSSOR0
EA FIER 0
LD. FLICK
HJ. HILL
0.H. ICING
O.KJOHNSON
BS KASKEL
S.E_ KEHOE
S:J. KELLEY
MJ. KOOB
- R.S. KOZIOL
P.D. KRAUSS
V.KRESS
R.J. KRISTIE
N.V. KROGSTAD
D.L.N. LEE
A LONGINOW
JA MAHANEY
P.F. MAJEWSKI
• S.L MARUSIN
M.E. MOORE
BE.
MOUSTAFA
NUGENT
C REBORN
RET
JOLTY
JLSON
PERRY
_.C. PERRY
R.C. REED
O.P. RENTSCHLER
TJ. ROWE
MJ. SCHEFFLER
C.L SWLS
L.B. SHOTWELL
PJ. STORK
N.S. ANDERSON
R.C. ARNOLD
LA. BACKUS
G.T. SUKE
R.k BRUCE
F.W. BURGER
R.A. CECHNER
J.N. CHIROPOLQS
PE. CO% .
T.M. CROWE
DA DERESS
A.M. DOLHON
J.P. DONNELLY
M.C. FARMER
PF GAUDETTE
E.A. GERNS
TA GORRELL
W.R. HANNEN
K. HAJPTSTEIN
F.D. HEIDBRINK
A.F JOHNSON
DS. KAESE
KY. KIM
P.D. KOFOED
M.R. KRUEGER
M.A. KUBERSKI
F.H. UUX
M.W. LEE
R. LEISTIKOW
AF. LISSE
L. LIS-UZNANSKI
R.A MARTINET(
0.8
. MCDONALD
L.R. MEYERS
M.R. MOROEN
L.L. PHELPS
R.REESE
E.A. ROGALLA
K.K. SASAKI
C.J. SASS
M.K. SCHMIDT
K.N. SHIU
O.J. SLATON
C.A SMITH
G.I. TAYLOR
T.S. THOMPSON
J.R. TRIANO
M.S. V19LETTE
YALASZEK
LTHER
3ENER
NED RGER
rAJT PRESIDENT
J.M HANSON
3100 Premier Drive, Suite 200
Wiss, Janney, Elstner Associates, Inc. Irving, TX 75063
Engineers, Architects, Material Scientists (214) 550-7777 FAX: (214) 550-1189
November 12, 1996
Mr. Robert R. Whitehead
Director of Public Works,
City of Southlake
667 North Carroll Avenue
Southlake, Texas 76092
Re: Timarron Phase I Subdivision
Preparation of Plans and Specifications for Pavement Remediation
WJE No. 961544
Dear Mr. Whitehead:
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Wiss, Janney, Elstner Associates, Inc. (WJE) is pleased to present this proposal to provide
engineering services for repair of pavement distress at the Timarron Phase I subdivision in
Southlake, Texas. These engineering services will include performing a followup field survey to
identify existing conditions, preparation of plans and specifications for repair of various conditions,
and assistance in soliciation andevaluation of bids from qualified contractors.
BACKGROUND
Beginning in April, 1995, WJE conducted a multiple -phase investigation of the Bent Creek pavement
distress, the results of which were detailed in our report to the City of Southlake dated May 10, 1996.
Included in the report were the results of the investigation, conclusions regarding the principal causes
of the distress, and conceptual repair recommendations. The primary cause of distress was found to
be loss of support resulting from the infiltration of trench backfill into the bedding material of the
sanitary sewer pipe, which is located beneath the centerline. of the streets. Slurry .grout injection of
the bedding material was described as a conceptual remediation activity. Due to the. inherent
variability of the existing geotechnical conditions at the site, it was judged necessary to verify that the
grout would permeate the void structure of the bedding material and block future water migration.
The City of Southlake authorized WJE and Alpha Testing to perform the recommended trial grout . .
injection program, which was completed in July, .1996. The trial grouting program determined that
slurry grout injected into the bedding material permeated the void, structure to an extent sufficient to
substantially stop the flow of water and backfill material into and through the pipe bedding material.
The results of the trial grout injection program were presented in WJE's report dated October 11,
1996.
The next phase of work in this program is to develop detailed plans and specifications for use in
obtaining bids to perform full repairs to the streets in the Bent Creek subdivision. The repair .
program for the streets will include subgrade and utility trench backfill stabilization by continuous
slurry grouting and/or plug injection, and restoration of pavement by slab jacking at areas exhibiting
voiding without extensive deterioration, and replacement of badly deteriorated areas.
10C-3
ATLANTA CHICAGO DALLAS DENVER HONOLULU MEMPHIS PRINCETON SAN FRANCISCO SEATTLE WASHINGTON. D.C.
CORPORATE HEADQUARTERS - NORTHBROOK, IL ERLIN, HIME DIVISION - NORTHBROOK AND AUSTIN
Wiss, Janney, Elstner Associates, Inc.
Mr. Robert R. Whitehead November 12, 1996
City of Southlake Page 2
SCOPE OFWORK
WJE proposes to perform the following activities:
1. Updated Assessment of Street Conditions
WJE's survey of the conditions in Bent Creek was performed in June of 1995. In visits to the site during the
trial grouting program, it was noticed that at some locations the pavement distress has advanced considerably
since the 1995 survey.
The type and extent of distress in a given area will be a significant factor in deciding which type of
remediation should be performed in that area. Consequently, it is very important to base decisions on current
information about pavement condition. Therefore, WJE proposes to subcontract with Pulse -Radar Inc. to
perform an updated ground penetrating radar survey to identify current locations of voiding below the
pavement surface. WJE also proposes to perform a limited visual survey of pavement condition to update
documentation from the initial visual survey conducted in June, 1995.
2. Development of Plans and Refinement of Specifications
Once the updated information regarding current pavement condition has been obtained, it will be possible to
define the types and extent of repairs within the subdivision. WJE will prepare project -specific plans and
specifications which will define the boundaries of the given repair procedures and describe the activities to be
performed. It is anticipated that the survey drawings previously prepared by WJE and conceptual
specifications prepared by Alpha Testing will serve substantially as the basis for the project -specific plans
and specifications.
3. Participation in Bid Process
WJE will assist the City in soliciting bids from qualified contractors. WJE will coordinate a prebid meeting
for the purpose of providing contractors with pertinent information to use in the formulation of realistic bids.
WJE will also assist the City in responding to questions by bidders, and evaluation of the bids.
BUDGET
We recommend that a budget of $28,000 be established for the work outlined in Item Nos. 1 through 3 above.
This budget amount includes approximately $8500 for subcontracted consulting services by Pulse Radar, Inc.
and Alpha Testing. Actual charges for the work will be invoiced on a time and expense basis using our
standard hourly rates in effect at the time the services are provided. All services will be provided in
accordance with our Standard Terms and Conditions dated August 1, 1996, a copy of which is attached. The
proposed budget is based on our understanding that the Citywill provide standard "front-end" contract and
general condition documents to be included in the contract documents, and that the City will advertise for the
bids.
I OC-4
Wiss, Janney, Elstner Associates, Inc.
Mr. Robert R. Whitehead November 12, 1996
City ofSouthlake Page 3
We are prepared to begin this work in a timely manner upon written authorization to proceed. The work by
WJE will be principally performed by Mr. Matt Carlton and Mr. Karl Strand, with assistance and review by
j Mr. Douglas W. Deno, P.E. .,dr standard hourly rates for these personnel are $85, $100, and $160 per hour,
respectively. The timeframe for completion of the updated pavement condition survey will be dependent on
availability of Pulse Radar, Inc.
WJE has enjoyed being of service to the City of Southlake, and greatly appreciates your consideration of our
services in the continued development of this project. Please do not hesitate to contact us if you have any
questions or comments.
Very truly yours,
WISS, JANNEY, ELSTNER ASSOCIATES, INC.
Karl Strand
Project Manager
CKAS:kas
Enclosure
PAPROJEC M96-PROM61544T11-0I.MPC
�� 10C-5
Wiss, Janney, Elstner Associates, Inc.
STANDARD TERMS AND CONDITIONS
These Standard Terms and Conditions shall continue in full force and effect during, as well
as after, the completion or termination of Wiss, Janney, Elstner Associates, Inc. s (WJE)
employment. These Standard Terms and Conditions shall control any conflicting term or
condition unless WJE shall agree in writing.
PERFORMANCE
WJE and its employees will exercise the degree of skill
and care expected by customarily accepted practices
and procedures. No warranties, expressed or implied,
are made with respect to WJE's performance, unless
agreed to in writing. WJE is not a guarantor of the
project to which its services are directed, and its
responsibility is limited to work performed for the client.
WJE is not responsible for acts or omissions of the
client, nor for third parties not under its direct control.
WJE shall not be liable for any reason for any special,
Indirect or consequential damages including loss of use
and loss of profit. WJE may rely upon information
supplied by the client engaging WJE, or the contractors
or consultants involved, or information available from
generally accepted reputable sources, 'without
independent verification. WJE services are being
performed solely for clients benefit and no contractor,
subcontractor, supplier, fabricator, manufacturer, tenant,
occupant, consultant, or other third party shall have any
claim against WJE as a result of its services.
WJE shall not have control over or charge of and shall
not be responsible for construction means, methods,
techniques, sequences or procedures, or for safety
precautions and safety programs in connection with the
project, since these are solely the responsibility of
others. WJE shall not be responsible for the contractor's
schedules or failure to carry out the project in
accordance with contract documents. WJE shall not
have control over or charge of acts or omissions of the
contractor, subcontractor, or their agents or employees,
or of any other non WJE persons performing portions of
the project.
USE OF REPORTS, DRAWINGS, ETC.
WJE retains ownership of letters, reports, drawings,
specifications, photographs, test data, notes and other
work product it has created. These documents or parts
thereof may not be reproduced in advertisements,
brochures, or sales material, nor used by the client for
any purpose other than the purpose for which they were
prepared, nor by third parties, without the written
permission of WJE. Conclusions by WJE based on test
results are limited to the specific conditions for which the
tests were performed. If the client requests our work
product be stored by some form of electronic media (i.e.
CAD, word processor, spread sheet files, etc.), the client
agrees that WJE shall not be held liable for the
completeness, accuracy or longevity of these materials.
Page 1 of 2
August 1, 1996
exclusive (net) of local or county excise and other
business or business license taxes. The client
represents it is aware of all such taxes and shall be
responsible to reimburse WJE upon presentation by
WJE of the cost of such taxes by an invoice within one
year of completion of services.
CLIENT DUTIES
In order for WJE to perform the services requested, the
client shall, at no expense to WJE, (1) provide all
necessary information regarding client's requirements as
necessary for orderly progress of the work, (2) designate
in writing a person to act as client's representative for
services to be rendered under this Agreement, which
person shall have authority to transmit instructions,
receive instructions and information, interpret and define
client's policies and requests for WJE's services, and (3)
provide access to and make all provisions for WJE to
enter, without cost, limitation or burden to WJE, publicly
or privately owned property as required to perform the
work, including the use of scaffolds or similar
mechanical contrivances.
SAFETY
Field work of WJE will be performed only under
conditions deemed safe by our personnel. Charges may
be made for safety or security measures required by
hazardous job,00nditions. WJE is not responsible forthe
safety of other persons or property. ' '
HAZARDOUS MATERIALS
If WJE encounters, or reasonably suspects that it has
encountered, hazardous materials in the project, WJE
shall cease activity on the project and promptly notify
the client. The client shall initiate action, where
appropriate, to identify and investigate the nature and
extent of hazardous materials in the project and to abate
and/or remove the same as may be required by federal,
state or local statute, ordinance, code, rule, or regulation
now existing or hereinafter enacted or amended. Unless
otherwise specially provided in writing, the services to
be provided by WJE do not include identification of
hazardous materials, and WJE has no duty to identify or
attempt to identify the same within the area of the
project.
PROPOSALS
Proposals expire 120 days after submission to a client
unless a different expiration limit is included in the 10C-6
proposal. WJE may withdraw or modify a proposal at
any time prior to acceptance by the client. All fees and
expenses quoted in proposals or stated in invoices are
It is further understood and agreed that services WJE
will undertake for the client may be uninsurable
obligations involving the presence or potential presence
of hazardous materials. Therefore, the client agrees,
except (1) such liability as may arise out of WJE's sole
negligence in the performance of services under this
agreement or (2) to the extent of insurance coverage
available for the claim, to hold harmless, indemnify and
defend WJE and its employees, subcontractors and
agents from and against any and all claims, lawsuits,
damages, liability and costs, including but not limited to,
STANDARD TERMS AND CONDITIONS
Page 2 of 2
August 1, 1996
costs of defense, arising out of or in any way connected
with the presence, discharge, release, or escape of
hazardous materials. This indemnification applies only
to existing conditions and not to conditions caused or
created by WJE. 'Hazardous materials' means any
substance, waste, pollutant or contaminant, in whatever
form, now or hereafter included within such terms under
any federal, state or local statute, ordinance, code, rule
or regulation now existing or hereinafter enacted or
amended.
SUSPENSION OF SERVICES
If the client fails to make payment when due WJE for
services and expenses, WJE may, upon seven days'
written notice to the client, suspend performance of
services under this Agreement. Unless payment in full is
received by WJE within seven days of the date of the
notice, the suspension shall take effect without further
notice. In the event of a suspension of services, WJE
shall have no liability to the client for delay or damage
caused the client because of such suspension of
services.
FDCED PRICE CONTRACTS
Where WJE and the client have agreed to a fixed price
contract, the following terms and conditions are
specifically excluded: Time Charges, Expenses,
Equipment Usage, Affiliated Consultants, and
Subcontracted Services. Progress payments will be
made monthly as a percent of completion unless
otherwise arranged with the client. Other stated billing
terms remain in effect
TIME CHARGES
Time charges are accrued on an hourly basis, unless
other arrangements are established. Minimum time
charges of personnel at a job site is 8 hours per day,
unless time can be utilized on another job. No increase
In rates for overtime. No charge for out-of-town travel
time of professional staff outside of normal. 8-hour
workday unless time is productive. Technicians may
charge up to 2 hours on weekdays for out-of-town travel
outside of normal workday, or up to 4 hours per day for
out-of-town travel on weekends. Billing rates may be
increased annually, after notification to the client.
EXPENSES
Public transportation, subsistence and out-of-pocket
expenses incurred during travel, communications,
reproduction and shipping charges will be billed at cost
plus 5% (invoiced as an expense service fee.)
Expended materials for field and laboratory
investigations, rental equipment, and fees advanced on
client's behalf will be billed at cost plus 10% (invoiced as
an expense service fee.)
Company or personal vehicles $ 0.35 per mile
Computer usage $20.00 per hour
Clients may be charged for the cost of providing copies
of receipts or detailed 'back-up' information concerning
expenses. 10C-7
EQUIPMENT USAGE
Equipment usage is approximately equal to 1 % of the
replacement cost per day, subject to adjustment for
minimum or extended usage.
AFFILIATED CONSULTANTS
WJE retains certain affiliated consultants as independent
contractors, but provides. insurance and support
services. These affiliated consultants are billed at rates
equivalent to WJE employees of similar education and
professional experience.
SUBCONTRACTED SERVICES
Services are billed at cost plus 10% if the subcontractor
firm has at least $500,000 of Professional/General
Liability Insurance, otherwise cost is marked up 20%.
The mark-up does not apply to subcontractor's
reimbursable expenses, such as a subcontractor's travel
expenses.
STORAGE
Material samples not consumed in our work may be
discarded 30 days after submission of the test report
unless the client requests other disposition. Charges
may be made, after notification, for extended storage of
materials, records, or equipment. WJE will exercise
reasonable care in safeguarding materials, records, or
equipment, but disclaims any liability for loss or damage.
SUBPOENAS AND COURT ORDERS
The client is responsible, after notification, for payment
of time charges, attorney fees and other expenses
resulting from a required response to subpoenas or
court orders issued at the request of any party
concerning any part of our work. Charges are based on
billing rates in effect at the time of our response.
INSURANCE
WJE is protected for general, automobile, workers'
compensation, and employers' liability coverage by
policies written by national insurance carriers rated by
the A.M. Best Company. The primary limits are
$1,000.000 with a $2,000,000 aggregate on general
liability. Excess coverage applies to exposures over
$1,000,000. Endorsements are not allowed: Coverage is
subject to annual renewal. Increased coverage will be
sought if requested. However, charges for this additional
coverage will be billed to the client
BILLING TERMS
The fine or individual engaging WJE is responsible for
payment of charges unless WJE is notified in writing,
prior to the time that the charges are incurred, that the
engagement is on behalf of another party. Accumulated
charges will be billed in approximately monthly intervals.
State and local sales and use tax will be included in the
billing if applicable. Payment in full is due upon receipt
of the invoice. Invoices which are unpaid 30 days from
the invoice date are considered past due and subject to
an interest charge at the rate of 1'k% per month (or at
a lower maximum legal rate) plus related attomeys' fees
and collection expenses.
The client is responsible for payment of all charges.
Agents of the client who engage WJE are also
responsible for payment of all charges unless WJE
agrees otherwise in writing prior to the time that the
charges are incurred.