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1995-02-07 CC Packet City of Southlake,Texas
MEMORANDUM
February 3, 1995
TO: Honorable Mayor and Members of City Council
FROM: Curtis E. Hawk, City Manager
SUBJECT: Agenda Item Comments and Other Items of Interest for City Council
Meeting February 7, 1995
1. Agenda Item No. 5A. Authorizing City Manager to enter into an agreement with
Municipal Code Corporation for Codification of Ordinances. This is an item we
discussed during the budget work sessions. The provision for codification of ordinances
is contained in our City Charter, as discussed in the cover memo in your packet from
Sandra LeGrand, City Secretary. Until this year, we felt we had too many old and
outdated ordinances to spend the money on codification(too many major changes). We
believe we are now ready to proceed.
There are several codification companies who work in Texas. I visited with
representatives of the major companies while attending the TML Annual Conference in
October, 1994. Two--American Legal Publishing Corporation and Municipal Code
Corporation--contacted Sandy, discussed our needs, and reviewed our records. We
received codification proposals from both. Sandy and Kevin Hugman, Assistant to the
City Manager, reviewed the proposals, comparing the proposals and samples of their
work. They recommend we contract with Municipal Code. By including the zoning and
subdivision ordinances, we anticipate the cost to be between $11,895 and $13,515
depending upon the number of pages. We budgeted $20,000.
Both companies do quality work. The costs associated with the two proposals are
relatively close. As pointed out in the memo from Kevin Hugman, the differences in the
slightly higher cost for the basic service with Municipal Code is in the higher number
of pages they estimated for the final product. They have offered a refund if the actual
Honorable Mayor and Members of City Council
City Council Meeting February 7, 1995
Agenda Item Comments and Other Items of Interest
February 3, 1995
Page 2
page count is less than the estimates Kevin's memo lists the factors which favor
Municipal Code over American Legal given the similar costs. Municipal will be either
slightly higher or slightly less than American Legal, depending upon the total number of
pages, when the computer on-line retrieval system is factored in. (However, the quote
from Municipal Code includes the zoning and subdivision ordinances The quote from
American Legal does not.)
In my view, most important are the last two on his list:
• Municipal Code does not require the finished code to be copyrighted, which
allows us to make copies for dissemination;
• the cost for Municipal's on-line computerized retrieval system is less than
American Legal's.
Co' We frequently have citizens request copies of certain ordinances, and we expect this to •
continue. We believe we can utilize the on-line computerized system in a number of
ways.
Neither company is local. American Legal offices in Cincinnati, Ohio. Municipal Code
offices in Tallahassee, Florida. Municipal Code is the leading codifier of municipal
codes in the U.S. It currently services more than 2,000 accounts nationwide, and has
more than 250 cities in Texas on its current client list--large, small, old, new. I worked
with Municipal in both Abilene and Sherman during my tenure in those cities, with
excellent results. Municipal services Grapevine, Colleyville, Hurst, Euless, Bedford,
North Richland Hills, Haltom City, Cedar Hill, Denton, Plano, Fort Worth, Houston,
and San Antonio among others. Sandy spoke with her counterparts in a number of the
area cities serviced by Municipal Code. Everyone she spoke with was satisfied with their
service.
2. Agenda Item No. 5B. Resolution No. 95-04, calls the General Election scheduled for
Saturday, May 6, 1995. Note the Election Calendar on page 5B-7.
Honorable Mayor and Members of City Council
City Council Meeting February 7, 1995
Agenda Item Comments and Other Items of Interest
February 3, 1995
Page 3
3. Agenda Item No. 5C. Authorizing the Mayor to enter into an Interlocal Agreement for
the Northeast Street Crimes Unit. This is the agreement which the Star-Telegram
headlined in its Monday Northeast Edition. If approved by City Council, the City of
Southlake will become a participating member along with Watauga, Richland Hills,
Haltom City, and North Richland Hills.
In reading the Agreement and the memos from Gary Gregg, Deputy Director of Police
Services, and Billy Campbell, Director of Public Safety, the following points clarify
staff's interest in participating in the Northeast Street Crimes Unit:
• The other participating cities are experiencing significant problems. By
participating (on a part time basis) in the unit, our officers will receive valuable
training that would otherwise be unavailable.
• Our costs for participation other than work-release time will be minimal.
• Having received the training in the Street Crimes Unit, our officers will be better
prepared to respond to potential problems that could surface in the future in our
community.
I believe our Public Safety management staff is to be commended for taking advantage
of an opportunity to learn, and thus profit from the problems experienced by the other
communities in the area.
If you have any questions regarding this interlocal agreement, please call me, Director
Campbell, or Deputy Director Gregg before the meeting.
4. Agenda Item No. 5D. Authorizing the Mayor to approve Addendum #1 to the Joint
Utilization Agreement for the Feasibility and Construction of the CMS
LGymnasium/Recreation Center. This item is a "housekeeping" action. The City Council
and the C.I.S.D. Board approved a bid award for the gym of $726,056 and $723,835,
Honorable Mayor and Members of City Council
City Council Meeting February 7, 1995
Agenda Item Comments and Other Items of Interest
Lye February 3, 1995
Page 4
respectively, in November, 1994. At the recommendation of the Joint Utilization
Committee, this item is on your agenda in order to amend the original agreement to
reflect the amount authorized with the bid award.
F.Y.I. Note the construction update from Kim McAdams, Park Project Manager,
regarding the results of the foundation redesign.
• The design change actually resulted in a project credit of $1,157.
• The rain delay and the design problem delay cost the contractor six weeks. The
contractor will be seeking an additional six weeks on his contract with C.I.S.D.
• As a result of concerns raised at the last City Council meeting, we had an
independent structural engineer review the new construction documents pertaining
(ire to the redesign of the foundation. He concluded the redesign is structurally
sound.
5. Agenda Item No. 5E. Amending the Park Use Policy. The proposed amendments to the
Park Use Policy are the result of several months of work by staff and the Park and
Recreation Board. The policy amendments were recommended for approval by the
Board at its January 9, 1995 meeting. (Additions are indicated by highlighting, the
deletions by strikeout.)
6. Agenda Item No. 7A. 2nd Reading, Ordinance No. 480-154 (ZA 94-123). Rezoning
request for 1.4065 acres, northwest corner of East Southlake Blvd. and Bluebonnet
Drive, from AG to C-3. Hanover Development Corporation. No changes since
approved by City Council 6-0 at first reading.
7. Agenda Item No. 7B. 2nd Reading, Ordinance No. 480-155 (ZA 94-124). Rezoning
(kab., request for 3.726 acres, northeast corner of East Southlake Blvd. and Bluebonnet, from
Honorable Mayor and Members of City Council
City Council Meeting February 7, 1995
Agenda Item Comments and Other Items of Interest
thrr February 3, 1995
Page 5
B-2 to C-3. Hanover Development Corporation. No changes since approved by City
Council 6-0 at first reading.
8. Agenda Item No. 7C. 2nd Reading, Ordinance No. 480-161 (ZA 94-147). Rezoning
request for 8.84 acres, south side of West Highland, 550' west of North White Chapel,
from AG to SF-1A. John and Kay Myers. No changes since approved by City Council
7-0 at first reading. Note applicant has submitted a 1-lot Plat Showing to staff, and plans
to build one single family residence.
9. Agenda Item No. 7D. 2nd Reading, Ordinance No. 480-162 (ZA 94-148). Rezoning
request for 0.9441 acres, north side of W. Continental Blvd., 575' east of Davis Blvd.,
from AG to SF-30. Larry and Denise Overby. No changes since City Council approved
7-0 at first reading.
F.Y.I. Applicants have requested a variance from ZBA to allow a septic system on this
lot. The request will be heard February 16, 1995. The perc test was 80 minutes per
inch fall which exceeds the limits for a standard two-tank lateral line system.
10. Agenda Item No. 7E. 2nd Reading, Ordinance No. 480-163 (ZA 94-149). Rezoning
request for 6.0 acres, west side of Shady Oaks in the 1200 block, north of the
intersection of Shady Oaks and West Highland, from AG to SF-1A. Robert Moss. No
changes since City Council approved 7-0 at first meeting.
11. Agenda Item No. 7F. 2nd Reading, Ordinance No. 631, Perimeter Street Fee
Ordinance. No changes have been made from the ordinance approved by City Council
on first reading. The changes we discussed are included in the fee resolution which
follows (Agenda Item No. 7G., Resolution No. 95-05).
Honorable Mayor and Members of City Council
City Council Meeting February 7, 1995
Agenda Item Comments and Other Items of Interest
(Dr, February 3, 1995
Page 6
Three points to be emphasized regarding Ordinance 631 are:
• all non-residential development that abuts one or more streets shall pay a
perimeter street fee
• all residential development that abuts one or more streets, and that requires a
developers agreement, shall pay a perimeter street fee
• one and two lot residential developments that do not require any public
infrastructure to be built do not require a developers agreement, and are not
required to pay a perimeter road fee.
Also, F.Y.I., from time-to-time you may be questioned as to how we can charge a
perimeter road fee without going through the process we use to establish the water and
sewer impact fees, or how we can charge a perimeter road fee in the absence of a
(re street/roadway impact fee. The Statute prohibits impact fees except where specifically
authorized. Capital improvements for roadway facilities are subject to the (impact fee)
Chapter 395 stipulations. However, the statute exempts certain things, for example, park
dedication (or fees in lieu of) and perimeter road fees, as long as they are required by
a valid ordinance and necessitated by and attributable to the new development.
Fees for perimeter road construction are not impact fees by definition. When we adopt
fees for roadway facilities capital improvements that are, for example, off-site, we must
follow the Chapter 395 impact fee process.
12. Agenda Item No. 7G. Resolution No. 95-05, amending the fee schedule to include the
Perimeter Street Fee. The fee schedule has been adjusted as discussed with City
Council. The cost per linear foot (without drainage and with drainage) according to
roadway classification, is included on Exhibit A. Cheatham and Associates, Consulting
Engineers, recalculated all the estimates using fixed unit prices throughout each street
section. Please call me, Bob Whitehead, or Ron Harper if you have any questions.
Honorable Mayor and Members of City Council
City Council Meeting February 7, 1995
Agenda Item Comments and Other Items of Interest
(ale February 3, 1995
Page 7
13. Agenda Item No. 8A. 1st Reading, Ordinance No. 480-143 (ZA 94-85), rezoning and
development plan of Versailles development at South Carroll Ave. and East Continental
Blvd.
The developer, John Dickerson, has requested the item be tabled until February 21,
1995. It is our understanding that he is considering a possible amendment to their
requested rezoning. He has indicated he would like to address the Council regarding the
possible amendment.
As of this writing we are unaware of what approach the developer will take regarding
this application. Below is a summary of what has taken place or been said thus far.
(ame The Versailles developers currently have a rezoning request before the Council, from SF-
20B to R-PUD. According to the owners and developers of the property, the impact
of the dedication and construction of "new" Carroll Avenue is too great a burden for one
property owner to bear without financial concessions from the City. It is our
understanding that they are currently considering either (1) presenting the Council with
a concept plan for their current zoning SF-20B or (2) amending their request to SF-20A
and presenting the required concept plan. They feel that either of these options are
appropriate because the amended request would be for a more restrictive use than the
original request. This revised plan would not adhere to the Thoroughfare Plan and would
show South Carroll Avenue in its current location.
Staff has consulted with the City Attorney's office regarding these two options. We have
concerns about the first option(forget the R-PUD request, fall back to the SF-20B zoning
and treat the development plan as a concept plan, with revisions). There is some
question whether the City could require a concept plan after the zoning is in place (i.e.,
already SF-20B), and whether it would be appropriate for the Council to act on the
request without the P & Z's recommendation. There is also the issue of legal notice:
Honorable Mayor and Members of City Council
City Council Meeting February 7, 1995
Agenda Item Comments and Other Items of Interest
(re February 3, 1995
Page 8
(1)the concept plan had not been included in the original notice and (2) adjacent property
owners would not receive notice of the revised plan and could have objections to the new
plan when they had been in favor of the original request.
The City Attorney believes the second option (amended request to SF-20A) is the better
of the two options discussed, but recommends that the amended request be remanded to
P & Z for their consideration and recommendation.
The City Attorney suggests that the preferred solution to this issue is to have the
applicant withdraw their request, or that the Council deny the request without prejudice
and have the applicant submit a new zoning application to the City. The Council has the
discretion to waive the new application fees.
Lie
Another issue that has emerged from this situation is the perimeter road fees ("old" vs.
"new"). Because this fee is tied to the final plat of the property, the only way the
Versailles developers could avoid the new fees would be to pay their road fee now at the
current rate.
In a conversation, that Karen Gandy, Zoning Administrator, had with Mr. Plunk on,
Friday at 11:00 a.m., Mr. Plunk indicated that he and the owners wished to table their
case until February 21, 1995, but that he would like the opportunity to speak briefly with
the Council on February 7. He indicated that he would not present any plan at that
time. He indicated that he hoped to have individual meetings with members of the
Council regarding their alternative plan prior to the February 21 meeting. On February
21, he plans to present the revised plan and represent that legally the Council can
consider the request (without P&Z's recommendation, or without denial or withdrawal
of this request and resubmittal of a new application). He stated that John Lynch,
(Itir attorney for the owners, would contact Allen Taylor next week to discuss this position.
Mr. Plunk also expressed concern to Karen that if the revised plan was remanded to P&
Honorable Mayor and Members of City Council
City Council Meeting February 7, 1995
Agenda Item Comments and Other Items of Interest
(kw February 3, 1995
Page 9
Z without written instructions from the Council regarding the road issue, then the revised
plan would not be approved due to the Thoroughfare Plan.
Another item, F.Y.I., there has been some discussion about the developers wanting to
dedicate a 4-5 acre public park along Carroll to meet their park dedication requirement.
There is no problem in accepting a useable park, however, the ordinance states:
...City Council has determined that the development of an area
smaller than five acres in size for public park purposes is
impractical and creates unreasonable and unnecessary maintenance
and operating expenditures. In appropriate circumstances, the
Council may accept a dedication of park land less than five acres.
(tre
An example of when to accept 5 acres or less would be when it is adjacent to other
public uses.
14. Agenda Item No. 8B. 1st Reading, Ordinance No. 633, Amending Ordinance No. 572,
the Fire Code. The packet memo from Billy Campbell, Director of Public Safety,
explains the purpose of the amendment. Our Fire Marshal, Roger Stewart, and Jerry
Williams, Deputy Director of Fire Services, have been asking owners and builders of
commercial buildings to install the boxes. Thus, in the event an alarm call comes in at
a particular building, the Public Safety officers would not have to break open a locked
door for entry. The same situation would apply at a gated residence.
We have been getting excellent cooperation, as noted in the memo from Director
Campbell. Recently, a new tenant at one of the commercial offices in town was asked
to install the key box prior to getting his certificate of occupancy. The tenant refused.
The 1991 Uniform Fire Code, which we have adopted, does not require the box. Since
we have been getting such cooperation, we believed we could wait until we brought the
Honorable Mayor and Members of City Council
City Council Meeting February 7, 1995
Agenda Item Comments and Other Items of Interest
(klor February 3, 1995
Page 10
1994 code for adoption to add the requirement for the lock boxes. The 1994 Fire Codes
are now printed, but we are not yet ready o bring it forth for your consideration--perhaps
2-3 months away from possible adoption. Given the situation, we believe it is in the
community's best interests to amend the current code at this time to require the key lock
box.
F.Y.I., the box for the single tenant (one box/one key) would cost approximately $100.
A box such as in use at Albertsons, which holds 10 keys, cost $450.
Please let me, Director Campbell, or Deputy Director Williams know if you have any
questions.
(6.0 15. Agenda Items No. 10A and 10B are Developers Agreements For Wakefield and Pheasant
Ridge Additions, respectively. The memos from Bob Whitehead, Director of Public
Works, sets out the conditions unique to each Addition. Note particularly the OFF-SITE
AND/OR SEWER PRO-RATA and the OFF-SITE DRAINAGE for both.
Staff does not have the dollar amounts for sewer pro rata, however, we do have the
"percentage of drainage basin" number and the estimated construction cost, thus we have
a good estimated cost which the developer has indicated no problem with.
Concerning the off-site drainage, Cheatham and Associates have completed the study
necessary to determine the drainage pro-rata calculations and the developer participation
for the critical structures. We will go over these with you Tuesday night if need be,
however, we would like to discuss this in greater detail on Tuesday, February 14. We
need to get back on the middle (2nd) Tuesday meeting schedule in order to get you
caught up on issues and to receive policy direction. (See Below.)
Honorable Mayor and Members of City Council
City Council Meeting February 7, 1995
Agenda Item Comments and Other Items of Interest
February 3, 1995
Page 11
16. Agenda Item No. 10C. Amendment to the Developers Agreement for Oak Tree Estates.
This item is brought before you to ensure that you are comfortable with the amenity
improvements Mr. Papagalos is proposing. These were not shown on the previously
approved Concept Plan. Staff does not have a problem with the improvements. Note
the discussion on the building setbacks in the memo from Greg Last.
17. Agenda Item No. 11A. Charter Election/Code of Ethics. This item is to get your
direction on the Charter Amendment requiring the adoption of a Code of Ethics and
Conduct. We will not need a lengthy discussion Tuesday night, just direction on how
you would like us to proceed. In your packet is a copy of the draft Ethics Ordinance
prepared by E. Allen Taylor (yellow pages) and presented to you originally back in the
summer. Also included is the same ordinance (blue pages) amended with highlights
(ipe (additions)and strikeouts (deletions)as reviewed by the Charter Review Committee. The
Committee recommended the City Council adopt an ordinance "in substance" similar to
the one they considered.
18. Agenda Item No. 11B. Water Rates for Homeowners Associations' Common Areas.
We have received a number of calls from the homeowner associations, and questions in
several SPIN meetings, concerning this issue. Apparently the City has considered water
meters for homeowner associations to be classified as commercial customers for some
time--the classification was in place before my arrival in Southlake. ( I have asked
Sandy to research her records to see if the City Council directed the classification as
commercial.)
The homeowners associations by-and-large would like to see their bill reduced. Some
do not want to pay the minimum bill, some want residential rates, some want both.
(116., I can accept and agree with a rationale that classifies a homeowner's association that has
been turned over to the homeowners as being a residential customer account. One that
Honorable Mayor and Members of City Council
City Council Meeting February 7, 1995
Agenda Item Comments and Other Items of Interest
Coe February 3, 1995
Page 12
is still in the hands of the developer should be classified commercial, in my opinion.
(Attached F.Y.I. is a list provided by Shirley Robbins, Utility Billing Supervisor, of the
subdivision entrance water meters that are our customers.)
Under our current water rates, the minimum residential bill is $26.16 for the first 2,000
gallons used, then $3.00 for each 1,000 gallons thereafter. The minimum commercial
bill (1" meter) is $41.20 for the first 3,000 gallons, then $3.00 for each 1,000 gallons
thereafter. Thus, as a comparison, 3,000 gallons of water at a residential rate would be
$29.16, while at a commercial rate $41.20, for a difference of$12.04/month. After the
first 3,000 gallons, the volume rate is the same.
have some concerns (philosophical) about not charging the minimum each month, for
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example, during the off season. Although the homeowners association may not be
watering landscaping during the off season, the City must stand ready to supply them
during the summer, and they contribute to the peak charge. The minimum bill is
designed to help recapture fixed costs associated with the peak (i.e., the annual bill).
Thus, citizens who are not part of the homeowners associations would be subsidizing the
added costs if the associations did not pay the minimum bill.
We need perhaps 10 minutes to get your thoughts and direction on this matter.
OTHER ITEMS OF INTEREST
19. Septic Systems continue to provide a development challenge for the City. (Note: The
Overby's perc tests were minimal, yet they will be going forward with their request to
ZBA for a variance.) As mentioned to you earlier, we are proceeding with putting
(or together an ordinance and a set of procedures to deal with septic issues. We are three
months away at a minimum.
Honorable Mayor and Members of City Council
City Council Meeting February 7, 1995
Agenda Item Comments and Other Items of Interest
(11.•- February 3, 1995
Page 13
19. FYI -- We have the signed agreement with Carroll ISD regarding the use of our canine
in the schools. The CHS video club will be making a video to help educate the students
about what the dog does and how the program will work. You will recall that the canine
will be used for random drug searches in the school.
20. West Beach Update - We continue to work towards realizing our goal of developing a
first rate park at the West Beach site. Dee Ekstrom, working on behalf of the City, is
working to locate the owners of the outparcels from Block 8 north, and will be making
offers for their acquisition. The grant application to Texas Parks and Wildlife has been
submitted, and staff is now working toward establishing some temporary uses in the areas
where we own enough lots. The attached timeline outlines our plan of action for
developing the property. As you can see, almost every department will be involved in
preparing the site for temporary uses as well as in planning for its long term uses.
Please let myself, Shana Yelverton, or Kim McAdams know if you have any questions
or comments about West Beach. FYI -- We will be setting up tours of the property
soon.
21. Heliport Rumors - You will recall that Mike Sandlin rezoned some property just west of
Oak Hills so that he could build his home some time ago. During the zoning process,
he inquired about the possibility of building a heliport on the property and was told that
a heliport was not a permissible use under the residential zoning category.
Recently, however, staff has received complaints of a helicopter flying over Love Henry
Court and, upon investigation, discovered that a small storage building had been built on
the property and was housing a helicopter. An asphalt "pad" had been built adjacent to
the building.
Honorable Mayor and Members of City Council
City Council Meeting February 7, 1995
Agenda Item Comments and Other Items of Interest
February 3, 1995
Page 14
Mr. Sandlin contends that he has found space at Goode Airport to store his helicopter,
and plans to move it there soon. Nonetheless, our Code Enforcement Officer has issued
a letter noting that flying the helicopter from his residential lot is a zoning violation.
(Note: He can store the helicopter on site, provided that he does not fly it off the
property. He may move it on a trailer.)
22. Strategic Planning - We briefly discussed developing a strategic plan during our budget
work sessions. Staff is hoping to begin the process soon. This is a project which will
require significant citizen input, so we are hoping that you will appoint a fairly large
advisory committee (consisting of 15-18 representatives from SPIN, other boards and
commissions, and the community at large). These citizens would serve on the committee
with the Mayor and hopefully, two other City Council members. We will be bringing
(beyou an item for discussion soon; in the meantime, please contact me or Shana
Yelverton, Assistant City Manager if you have any comments or questions.
23. Upcoming Meeting Information - There are several meetings scheduled which you may
be interested in attending: See the pink agenda meeting notice in your packet.
24. Discussion concerning legislative consulting services (lobbyist) - following the last City
Council meeting, I spoke with several people concerning the possibilities of our engaging
a lobbyist to assist us in Austin, particularly with the S.H. 114 issue. I spoke with Gib
Lewis, and asked him to send a proposal. I thought a written proposal would give us
something to further our discussion of the subject. Attached hereto is a letter from Gib
Lewis and a list of bills he thought would be of interest to us.
I am not advocating Mr. Lewis and made no representations to him. He understands that
we will be talking to several people, and may in fact decide to drop the issue for this
session. It is my understanding that Gary Bruner has started his service. It is my
•
Honorable Mayor and Members of City Council
City Council Meeting February 7, 1995
Agenda Item Comments and Other Items of Interest
CrFebruary 3, 1995
Page 15
understanding that his cost is considerably less than that of Gib Lewis, but I have not yet
spoken to Mr. Bruner. I would like to discuss this in greater detail Tuesday night.
25. Letter from TxDOT, Fort Worth District - Attached F.Y.I. is a letter I received this
week from the Fort Worth District concerning a number of issues on S.H. 114 that we
have previously discussed. I am meeting with Wes Heald, District Engineer, on
Monday. Concerning the reference in the first paragraph of the attached letter, noting
they have not received a letter from me, I intentionally did not reduce my concerns in
writing in order to avoid a paper trail until Mr. Heald and I have the opportunity to meet
again. I will brief you Tuesday.
(11."
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2/2/95
LIST OF SUB-DIVISION ENTRANCE METERS
(kr AUSTIN OAKS MEADOW CREEK INVESTMENTS
CARMEL BAY HOMEOWNERS
CEDAR CREEK HOMEOWNER (BOB HUDNALL)
CHAPEL DOWNS CHAPEL DOWN JOINT VENTURE
CHIMNEY HILLS C-H HOMEOWNERS
DIAMOND CIRCLE HOMEOWNERS (2)
DOMINION HOMEOWNERS (ADDRESS IS COLLEYVILLE)
GARDEN ADDITION ACCT. INACTIVE - NO ONE PAYING
HILLWOOD ESTATES HOMEOWNERS
MONTICELLO HOMEOWNERS (3) METERS
HILLS OF MONTICELLO HILLS OF MONTICELLO (3) METERS
MYERS MEADOWS JOYCE/MYERS ENTERPRISE
OAK HILL HOMEOWNERS
RAVENAUX PLACE HOMEOWNERS
SOUTHVIEW EW HOMEOWNERS
STONE LAKES STONE LAKES OF DALLAS
TIMBER LAKE J.V. SBB MANAGEMENT
TIMARRON (3) ACCTS PAID BY TIMARRON LAND OWNERS, DALLAS
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__.i CHEATHAM & ASSOCIATES
CONSULTING ENGINEERS — SURVEYORS — PLANNERS
2 A _____,-------__-- 1001 E. LAMAR BLVD. SUITE 200
. '/ ARLI(817) TEXAS 78011
(817 548-0898
GIB LEWIS
814 SAN JACINTO BLVD.. SUITE 301 eL 0
AUSTIN, TEXAS 78701
512/478 1881 • FAX 512/478-1890 �rj FFg _ 2
1995
OFFICE OF CITY
January 31, 1995
Mr. Curtis Hawk
City of Southlake
667 North Carroll
Southlake, Texas 76092
Dear Curtis:
I enjoyed the opportunity to talk with you last week and am pleased to outline for you the
legislative consulting services that I will perform for the City of Southlake. First and
foremost, my office in Austin is equipped with the most efficient and timely resources
available to track legislation, committee and state agency hearing schedules, and the
business of state government as it affects Southlake. This information is provided to you
on a timely basis each week thereby enabling fast and informed decision-making by you.
(11../
For example, I have attached a partial listing of bills filed to date affecting cities the size of
Southlake. After providing you with a copy of each bill, I would ask that you identify for
me those bills affecting Southlake which would be monitored by me. As you can see,
legislation affecting city government is extensive in scope.
Secondly, I will be making personal contacts with the appropriate members of the House
and Senate and their respective leadership to relay the position of the City of Southlake on
i bills before their Committees. I feel that my personal relationships with key players in the
executive and legislative branches of Texas state government has afforded me the
opportunity to relay and obtain information on a timely basis which can be critical during
the pace of business at the State Capitol.
Thirdly, during the interim when the Legislature is not in session, you will be kept apprised
of legislative interim study committees affecting your interests and be given the
opportunity to testify at these hearings or receive minutes from the meetings. In addition,
you will be notified of state agency hearings of interest to the City of Southlake.
Finally, my staff in Austin are no strangers to the political process and the needs and
interests of the City of Southlake. You can be assured that a full court lobby effort will be
made on your behalf before the Legislature and the Texas Highway Department with
respect to Highway 1709. With twenty-two years as both a member and Chairman of the
Tarrant County legislative delegation and Speaker for ten of those years, I possess a first
hand knowledge of the issues that have affected the City of Southlake in the past and
present and those that are likely to be at the forefront of this legislative session.
As we discussed, my fee for the services outlined above are based on a two year contract
at $3,500 per month plus expenses directly related to my representation of the City of
Southlake. I would be more that pleased to visit with you again regarding my proposal
and to that end, look forward to hearing from you at your earliest convenience.
Since,
r/
•
ie. Lewis
Enclosure
C
C
GIB LEWIS
814 SAN JACINTO BLVD.. SUITE 301
(111we AUSTIN. TEXAS 78701
512/478-1881 • FAX 512/478-1890
Sub: CITY Flag Date: 01/26/95
HB 18 Author: Talton
By Talton. Relating to the restrictive covenants applicable to certain
residential real estate subdivisions.
H FILED 11/14/94
HB 20 Author: Goolsby
By Goolsby. Relating to liability for damages arising from the
maintenance or use of certain parking areas and pedestrian pathways.
H FILED 11/14/94
HB 36 Author: Greenberg
Companions: SB 246
By Greenberg. Relating to the application of the open meetings law to
certain meetings of governmental bodies.
H FILED 11/14/94
HB 50 Author: McCall
By McCall. Relating to fees for permits to install driveways or utility
facilities on state highway systems rights-of-ways.
H FILED 11/14/94
uB 53 Author: McCall
1160, McCall. Relating to requiring boat operators to use a cautionary flag
certain circumstances.
H FILED 11/14/94
HB 65 Author: Wilson
By Wilson. Relating to capital murder by a peace officer, jailer, or
guard of a person in custody.
H FILED 11/14/94
HB 66 Author: Wilson
By Wilson. Relating to the offense of making a false report to a peace
officer.
H FILED 11/14/94
HB 67 Author: Wilson
By Wilson. Relating to the award of attorney's fees to a property owner
in certain ad valorem tax appeals. "
H FILED 11/14/94
HB 70 Author: Cook
By Cook. Relating to nomination for designation of certain buildings or
sites as state archaeological landmarks.
H FILED 11/14/94
HB 71 Author: Cook
By Cook. Relating to the notification of the entity having charge and
control of public property that the property has been nominated for
designation as a state archaeological landmark.
H FILED 11/14/94
- Continued -
Page 2
HB 82 Author: Munoz
Munoz. Relating to commissioning certain magistrates as peace
cers.
H FILED 11/14/94
HB 84 Author: Munoz
By Munoz. Relating to prohibiting employment discrimination against
certain peace officers for refusing to take a polygraph examination.
H FILED 11/14/94
HB 87 Author: Chisum
By Chisum. Relating to the authority of a local government to extend
employee benefits to a person related to the employee.
H FILED 11/14/94
HB 92 Author: Kamel
By Kamel. Relating to persons convicted of the offense of driving while
intoxicated.
H FILED 11/14/94
HB 98 Author: Wolens
By Wolens. Relating to the specification of venue for actions arising
from certain major transactions.
H FILED 11/14/94
HB 100 Author: Hirschi
By Hirschi. Relating to the installation and maintenance of vending
machines containing cigarettes or other tobacco products.
H FILED 11/14/94
Le101 Author: Yarbrough
Yarbrough. Relating to the location of sexually oriented businesses.
H FILED 11/14/94
HB 102 Author: Yarbrough
By Yarbrough. Relating to the local regulation of the location of
businesses selling alcoholic beverages.
H FILED 11/14/94
HB 103 Author: Yarbrough
By Yarbrough. Relating to the renewal of certain alcoholic beverages
permits and licenses by the operator of a sexually oriented business.
H FILED 11/14/94
HB 104 Author: Yarbrough
By Yarbrough. Relating to the. local regulation of sound coming from
premises covered by certain alcoholic beverage permits or licenses.
H FILED 11/14/94
- Continued -
L
'.; Page 3
HB 105 Author: Yarbrough
arbrough. Relating to the provision of public notice by an applicant
tre
certain alcoholic beverage permits or licenses by posting a sign.
H FILED 11/14/94
HB 106 Author: Yarbrough
By Yarbrough. Relating to requiring an applicant for certain alcoholic
beverage licenses or permits to publish notice in daily newspapers in
certain circumstances.
H FILED 11/14/94
HB 111 Author: Reyna
By Reyna. Relating to the storage and sale of certain vehicles.
H FILED 11/14/94
•
HB 112 Author: Hochberg
By Hochberg. Relating to the reckless discharge of a firearm.
H FILED 11/14/94
HB 113 Author: Hochberg
By Hochberg. Relating to the punishment for the offense of driving while
intoxicated.
H FILED 11/14/94
HB 115 Author: Hochberg -
Companions: SB 107
By Hochberg. Relating to the standard of alcohol concentration used in
defining the offense of driving while intoxicated.
H FILED 11/14/94
L1l6
Author: Hochberg
iochberg. Relating to a thumbprint record for certain pawn and sales
nsactions.
H FILED 11/14/94
HB 120 Author: Kamel
By Kamel. Relating to the imposition of a fee on a defendant who requests
participation in a teen court program.
H FILED 11/14/94
HB 132 Author: Shields
By Shields. Relating to the regulation by home-rule municipalities of
streets, avenues, alleys, and boulevards.
H FILED 11/14/94
HB 141 Author: Yost
By Yost. Relating to the publication of property tax exemption
information.
H FILED 11/15/94
- Continued -
Page 4
HB 142 Author: Cuellar, Henry
Cuellar, Henry. Relating to requiring state funding of legislative
Sates on local governments.
H FILED 11/15/94
HB 151 Author: Munoz
By Munoz. Relating to exempting municipalities and municipal officers and
employees from hotel occupancy taxes.
H FILED 11/16/94
HB 166 Author: Corte
By Corte. Relating to liability of certain governmental units and the
employees of those units.
H FILED 11/17/94
HB 175 Author: Hirschi
By Hirschi. Relating to the protection of a public employee who reports a
violation of law.
H FILED 11/17/94
HB 178 Author: Combs
By Combs. Relating to broadening the offense of disorderly conduct to
include certain behavior.
H FILED 11/18/94
-
HB 182 Author: Turner, Bob
By Turner, Bob. Relating to the murder of an individual providing certain
medical emergency care or an individual serving as a fire department or
law enforcement chaplain as a capital offense.
H FILED 11/18/94
clr190 Author: Madden
Madden. Relating to canceling an application for an early voting
ballot to be voted by mail.
H FILED 11/21/94
HB 191 Author: Madden
By Madden. Relating to certain early voting procedures.
H FILED 11/21/94
HB 204 Author: Madden
By Madden. Relating to the use of municipal hotel occupancy tax revenue
to promote, encourage, or improve the arts.
H FILED 11/21/94
HB 206 Author: Madden.
By Madden. Relating to public access to certain early voting records.
H FILED 11/21/94
- Continued -
Page 5
HB 220 Author: Brinier
Companions: HB 250 SB 118
Lorimer. Relating to municipal access to criminal history record
rmation about applicants for employment.
H FILED 11/28/94
HB 235 Author: Driver
By Driver. Relating to emergency medical information services provided
through 9-1-1 services.
H FILED 11/29/94
HB 241 Author: Romo
By Romo. Relating to minimum standards for smoking in public places or at
public meetings.
H FILED 11/30/94
HB 243 Author: Yarbrough
Companions: SB 108
By Yarbrough. SAME AS SB 108. Relating to the carrying of certain weapons
by judges and justices.
H FILED 11/30/94
HB 250 Author: Dear
Companions: HB 220 SB 118
By Dear. SAME AS HB 220. Relating to municipal access to criminal history
record information about applicants for employment.
H FILED 12/ 1/94
HB 251 Author: Dear
By Dear. Relating to the forfeiture of a bond in satisfaction of a fine
Ccosts in certain misdemeanor cases.
H FILED 12/ 1/94
HB 257 Author: Madden •
By Madden. Relating to exceptions to the requirements to hold elections
on a uniform election date.
H FILED 12/ 2/94
HB 258 Author: Madden
By Madden. Relating to the polling place in a joint election.
H FILED 12/ 2/94
HB 263 Author: Hartnett
By Hartnett. Relating to the authority of the police department in
certain municipalities to establish a checkpoint on a street or highway
to determine whether persons are driving while intoxicated.
H FILED 12/ 2/94
- Continued -
L
Page 6
HB 266 Author: Driver
Driver. Relating to special expenses paid on dismissal of compliants
iLe
ging certain traffic offenses.
H FILED 12/ 5/94
HB 272 Author: Denny
By Denny. Relating to the authority of a municipality or county to
regulate a sexually oriented business.
H FILED 12/ 5/94
HB 277 Author: Bosse
By Bosse. Relating to creation of an offense for parking a commercial
motor vehicle overnight in certain residential subdivisions.
H FILED 12/ 6/94
HB 305 Author: Park
By Park. Relating to the authority of local governments to enter into
contracts with other governmental entities for purchase of goods and
services.
H FILED 12/ 9/94
HB 306 Author: Park
By Park. Relating to the requirement of a statement of culpable mental
state in the definition of certain misdemeanor offenses.
H FILED - 12/ 9/94
HB 307 Author: Park
By Park. Relating to a municipality's authority to obtain a lien against
certain dangerous structures.
H FILED 12/ 9/94
‘013308 Author: Park
ark. Relating to the waiver of trial by jury by a defendant charged
with an offense punishable by fine only.
H FILED 12/ 9/94
HB 309 Author: Park
By Park. Relating to the waiver of trial by jury in a criminal case.
H FILED 12/ 9/94
HB 310 Author: Denny
By Denny. Relating to primary election dates and procedures and related
dates.
H FILED 12/ 9/94
HB 311 Author: Yost .
By Yost. Relating to requiring a municipality to hold an election in an
area proposed to be annexed.
H FILED 12/ 9/94
- Continued -
Page 7
HB 312 Author: Hill, Fred
re
B Hill, Fred. Relating to alcoholic beverages in motor vehicles.
H FILED 12/12/94
HB 319 Author: Willis
By Willis. Relating to the longevity pay for members of certain municipal
fire and police departments.
H FILED 12/12/94
HB . 330 Author: Dear
By Dear. Relating to the payment of certain fees and court costs by a
person who successfully completes a teen court program.
H FILED 12/14/94
HB' 331 Author: Hirschi
By Hirschi. Relating to certain public information regarding commercial
property rating.
H FILED 12/14/94
HB 332 Author: Uher
By Uher. Relating to the inclusion of tax abatements in the determination
of the taxable property value of a school district.
H FILED 12/14/94
HB 341 Author: Kamel -
By Kamel. Relating to an offense for operation of a motor vehicle on a
hike and bike trail.
H FILED 12/14/94
HB 354 Author: Duncan LDuncan. Relating to insurance for a charitable organization.
H FILED 12/15/94
HB 356 Author: Hartnett
By Hartnett. Relating to auxiliary members of an appraisal review board
and to the removal of board members.
H FILED 12/16/94
HB 366 Author: Hartnett
By Hartnett. Relating to the exemption from ad valorem taxation of
income-producing tangible personal property having a value of less than a
certain value.
H FILED 12/19/94
HB 367 Author: Hartnett
By Hartnett. Relating to admonishments to defendants on the effects of a
plea of guilty or nolo contendere in a criminal case.
H FILED 12/19/94
- Continued -
L
Page 8
HB 374 Author: Cuellar, Renato
Cuellar, Renato. Relating to the issuance of a sticker showing the
Le
nse plate letters and numbers of a motor vehicle.
H FILED 12/20/94
HB 375 Author: Cuellar, Renato
By Cuellar, Renato. Relating to billing for an assessment by certain
municipalities for expense incurred in relation to certain neglected
property.
H FILED 12/20/94
HB 376 Author: Combs
By Combs. Relating to the procedures for obtaining information and to the
information that may be obtained under the open records law.
H FILED 12/20/94
HB 377 Author: Maxey
By Maxey. Relating to discrimination in employment based on certain
perceived disabilities.
H FILED 12/21/94
HB 380 Author: Madden
By Madden. Relating to the creation of a. criminal offense for the failure
of a government officer, employee, or agent to perform certain duties
required by law. -
H FILED 12/21/94
HB 383 Author: Junell
Companions: SB 24
By Junell. Relating to liability of certain governmental units and to the
loyees and officers of those units
H FILED 12/21/94
HB 387 Author: Hochberg
By Hochberg. Relating to the jurisdiction of a justice court.
H FILED 12/28/94
HB 391 Author: Goodman
By Goodman. Relating to the availability of motor vehicle accidents
reports.
H FILED 12/28/94
HB 405 Author: Longoria
By Longoria. Relating to the exemption of certain peace officers from
provisions of the Private Investigators and Private Security Agencies
Act.
H FILED - 1/ 3/95
- Continued -
Page 9
HB 408 Author: Longoria
B Longoria. Relating to the selection of appraisal district directors in
ain counties.
1:re
H FILED 1/ 3/95
HB 448 Author: Chisum
By Chisum. Relating to cost-benefits analysis of environmental rules
proposed for adoption by a state agency.
H FILED 1/ 6/95
HB 451 Author: Park
By Park. Relating to the liability of a governmental unit to persons
entering the premises of the governmental unit for recreational purposes.
H FILED 1/ 6/95
HB 455 Author: Kamel
By Kamel. Relating to the powers of a county fire marshals regarding fire
escapes.
H FILED 1/ 6/95
HB 460 Author: Swinford
By Swinford. Relating to requiring state funding of 50 percent or more of
legislative mandates on local governments.
H FILED 1/ 9/95
HB 463 Author: Brimer
By Brinier. Relating to enforcement by political subdivisions of the
National Flood Insurance Program.
H FILED 1/ 9/95
Lip464 Author: Brinier
3rimer. Relating to the authority of a peace officer to arrest a
on without a warrant.
H FILED 1/ 9/95
HB 476 Author: Pitts
By Pitts. Relating to the manufacture, distribution, conversion, or sale
of emergency vehicles in this state.
H FILED 1/ 9/95
HB 499 Author: Finnell
By Finnell. Relating to the rental of motor vehicle to a public employee.
H FILED 1/10/95
HB 503 Author: Willis
By Willis. Relating to the composition of a joint airport board created
by two populous home-rule municipalities.
H FILED 1/11/95
- Continued -
L
Page 10
HB 504 Author: Brimer
Le
Brimer. Relating to the size of an urban homestead and permissible
of an urban or rural homestead.
H FILED 1/11/95
HB 509 Author: Hill, Fred
By Hill, Fred. Relating to the validation of governmental acts and
proceedings by municipalities.
H FILED 1/11/95
HB 510 Author: Kubiak
By Kubiak. Relating to the penalty for the offense of speeding.
H FILED 1/11/95
HB 516 Author: Conley
By Conley. Relating to the waiver of a performance bond by a
subcontractor on certain projects under the Enterprise Zone Act.
H FILED 1/11/95
HB 522 Author: De la Garza
By De la Garza. Relating to establishing the amount of bail in a criminal
case.
H FILED 1/11/95
HB 536 Author: Danburg -
By Danburg. Relating to the penalty from exceeding a maximum prima facie
speed limit by operators of certain motor vehicles.
H FILED 1/11/95
HB 542 Author: Danburg
(re
Danburg. Relating to the validity of signatures on a petition filed in
section with an election.
H FILED 1/11/95
HB 544 Author: Danburg
By Danburg. Relating to written communications used by voters in a
polling place.
H FILED 1/11/95
HB 545 Author: Danburg
By Danburg. Relating to official forms used in connection with the
administration of elections.
H FILED 1/11/95
HB 563 Author: Turner, Sylvester
By Turner, Sylvester. Relating to the creation of an offense involving
presence of a minor on premises covered by certain alcoholic beverage
permits or licenses.
H FILED 1/12/95
- Continued -
L
Page 11
HB 564 Author: Combs
B Combs. Relating to requiring certain home-rule municipalities to
in annexation approval from voters in the area to be annexed.
H FILED 1/12/95
HB 567 Author: Moreno
By Moreno. Relating to primary election dates and procedures and related
dates.
H FILED 1/12/95
HB 571 Author: Jones, Jesse
By Jones, Jesse. Relating to the regulation of the public possession of
open containers of alcoholic beverages by a local government.
H FILED 1/12/95
HB 580 Author: Jones, Jesse
By Jones, Jesse. Relating to court costs for certain traffic convictions
resulting from offenses committed in school crossing zones.
H FILED 1/13/95
HB 588 Author: Giddings
By Giddings. Relating to allowing a governmental entity to regulate
certain establishments requires to have an alcoholic beverage license or
permit.
H FILED - 1/13/95
HB 589 Author: Giddings
By Giddings. Relating to regulation of the public possession of open
containers of alcoholic beverages by a home-rule municipality.
H FILED 1/13/95
Loc591 Author: Greenberg
reenberg. Relating to training for certain law enforcement
professionals.
H FILED 1/13/95
HJR 31 Author: Hartnett
By Hartnett. Exemption from ad valorem taxation of income-producing
personal property having a value insufficient to recover the tax
administrative costs.
H FILED 12/16/94
SB 65 Author: Moncrief
By Moncrief. Relating to minimum standards for smoking in certain public
places or at certain public meetings.
S INTRODUCED AND REFERRED TO COMMITTEE ON HEALTH 1/11/95
SB 68 Author: West, Royce
By West,Royce. Relating to the reckless discharge of a firearm.
S INTRODUCED AND REFERRED TO COMMITTEE ON CRIM JUS 1/11/95
- Continued -
L
Page 12
SB ' 86 Author: Brown
CBBrown. Relating to the determination of the value of taxable property
school district.
ie
S INTRODUCED AND REFERRED TO COMMITTEE ON EDUCATION 1/11/95
SB 90 Author: Leedom
By Leedom. Relating to liability for damages arising from the maintenance
or use of certain parking areas and pedestrian pathways.
S INTRODUCED AND REFERRED TO COMMITTEE ON S-ECON 1/11/95
SB 98 Author: West, Royce
By West, Royce. Relating to the consumption of an alcoholic beverage or
the possession of an alcoholic beverage in a public area.
S INTRODUCED AND REFERRED TO COMMITTEE ON S-STATE 1/11/95
SB 99 Author: West, Royce
By West, Royce. Relating to construction change orders.
S FILED 11/29/94
SB 101 Author: Bivins
By Bivins. Relating to the remedies available to a person who has paid an
unlawful ad valorem tax.
S INTRODUCED AND REFERRED TO COMMITTEE ON FINANCE 1/11/95
SB 107 Author: Ellis
Companions: HB 115
By Ellis. SAME AS HB 115 .Relating to the standard of alcohol
concentration used in defining the offense of driving while intoxicated.
S INTRODUCED AND REFERRED TO COMMITTEE ON CRIM JUS 1/16/95
ip 108 Author: Patterson, Jerry
Companions: HB 243
Ahmeatterson, Jerry. Relating to the carrying of certain weapons by
judges and justices.
S INTRODUCED AND REFERRED TO COMMITTEE ON CRIM JUS 1/16/95
SB 116 Author: Harris, Chris
By Harris, Chris. Relating to the method of selection of municipal court
of record judges in Arlington.
S INTRODUCED AND REFERRED TO COMMITTEE ON IGR 1/16/95
SB 118 Author: Harris, Chris
Companions: HB 220 HB 250
By Harris, Chris. SAME AS HB 118. Relating to municipal access to
criminal history record information about applicants for employment.
S INTRODUCED AND REFERRED TOCOMMITTEE ON IGR 1/16/95
SB 119 Author: Harris, Chris
Companions: HB 765
By Harris, Chris. Relating to the appraisal of property for ad valorem
tax purposes and to the boundaries of an appraisal district.
S INTRODUCED AND REFERRED TO COMMITTEE ON IGR 1/16/95
- Continued -
L
Page 13
SB 125 Author: Leedom
B Leedom. Relating to local option elections held under the Alcoholic
rage Code.
S INTRODUCED AND REFERRED TO COMMITTEE ONme
S-STATE 1/16/95
SB 147 Author: West, Royce
By West, Royce. Relating to the power of a governmental entity to
regulate the location of the premises of the holder of an alcoholic
beverage license or permit.
S INTRODUCED AND REFERRED TO COMMITTEE ON S-STATE 1/17/95
SB 153 Author: Nelson
By Nelson. Relating to the civil and criminal consequences of an offense
involving the operation of a motor vehicle by a person under the age of
21 while under the influence of alcohol or other substances.
S INTRODUCED AND REFERRED TO COMMITTEE ON CRIM JUS 1/17/95
SB 154 Author: Nelson
By Nelson. Relating to the civil consequences of operating a motor
vehicle while intoxicated.
S INTRODUCED AND 'REFERRED TO COMMITTEE ON CRIM JUS 1/17/95
SB 155 Author: Nelson
By Nelson. Relating to the court costs required to be paid by persons
convicted of certain intoxicated offenses.
S INTRODUCED AND REFERRED TO COMMITTEE ON CRIM JUS 1/17/95
SB 156 Author: Nelson
By Nelson. Relating to warrantless arrests for certain offenses involving
intoxication
S INTRODUCED AND REFERRED TO COMMITTEE ON CRIM JUS 1/17/95
(60, 157 Author: Nelson
By Nelson. Relating to the regulation of the public possession of open
containers of alcoholic beverages by a local government.
S INTRODUCED AND REFERRED TO COMMITTEE ON S-STATE 1/17/95
SB 166 Author: Nelson
By Nelson. Relating to the consequences of driving while a driver's
license is suspended.
S INTRODUCED AND REFERRED TO COMMITTEE ON CRIM JUS 1/17/95
SB 171 Author: Harris, Chris
By Harris, Chris. Relating to the creation, purpose, implementation and
funding of the County Park Beautification and Improvement Program.
S PLACED ON THE SENATE INTENT CALENDAR FOR 1/19/95
SB 187 Author: Nelson
By Nelson. Relating to fees on conviction to reimburse the state and
political subdivisions for overtime pay for peace officers who testify at
trial.
S INTRODUCED AND REFERRED TO COMMITTEE ON CRIM JUS 1/18/95
- Continued -
L
Page 14
SB 200 Author: Armbrister
Companions: HB 346 çmbrister. Relating to alternative fuels programs and adoption of
ations to encourage use of alternative fuels by school districts,
governments, private fleet operators and mass transit authorities.
S INTRODUCED AND REFERRED TO COMMITTEE ON S-STATE 1/18/95
SB 206 Author: Nelson
By Nelson. Relating to fees and expenses for the services of a peace
officer.
S INTRODUCED AND REFERRED TO COMMITTEE ON CRIM JUS 1/18/95
SB 218 Author: Armbrister
Companions: HB 613
By Armbrister. Relating to the composition and functions of the
Commission on Fire Protection.
S INTRODUCED AND REFERRED TO COMMITTEE ON S-STATE 1/18/95
* SB 341 Author: Armbrister
Companions: HB 691
By Armbrister. SAME AS HB 691. Relating to indemnification in certain
construction contracts.
S FILED 1/26/95
SJR 8 Author: Bivins
By Bivins. Relating to providing for state funding of new legislature
mandates on local governments.
S INTRODUCED AND REFERRED TO COMMITTEE ON FINANCE 1/10/95
**** End of Report ****
(Ow
. •
ire
LW' Air Texas Department of Trans
P.O. BOX 6868•FORT WORTH, TEXAS 76115-0868•(817) 00 j.
L; FEB - 11995 ;'
January 31, 1995 �_ -- n
Subject: Speed limits and other issues regarding SH 114 in
Southlake
Mr. Curtis Hawk
City Manager,
City of Southlake
667 N. Carroll Ave.
Southlake, Texas 76092
Dear Mr. Hawk:
On December 23 , 1994, Mr. Jerry Gibbs and I met with you and Mr.
Whitehead, to discuss your concerns about truck traffic, speed
limits, and other issues related to SH 114 in your city. It was my
understanding that you were going to write our District Engineer,
Mr. Heald, regarding your specific requests . Since we have not
(ire received that correspondence, I will report what I have been able
to determine regarding the topics discussed at our meeting:
(1) You said that you wanted the present 55 mph speed limit on SH
114 converted to a differential speed limit that allows cars
to continue at 55 mph, but restricts trucks to 45 mph. If
this is not possible, you wanted the limit for all vehicles
lowered to 45 mph within the Southlake city limits .
We used radar to monitor traffic on the section of SH 114 in
question on January 4 , 1995 and determined that the 85th percentile
speeds were approximately 63 mph. The speed distribution was very
similar to what we observed in June 1991 and confirms that the
present posting of 55 mph is appropriate according to our
procedures for speed zoning. I recall from our conversation that
you do not support the validity of the 85th Percentile speed zoning
procedure used by the State. However, this is the procedure that
we are mandated to use by law. This stretch of highway is a
divided section and almost rural in character. The sight distance
is good, development adjacent to the highway is sparse, and the
signalized intersections are several miles apart. This driving
environment is such that motorists feel comfortable driving at
higher speeds . We are in the process of installing 45 mph advisory
signs on the approaches to Dove Road and White Chapel . However,
these signs are not regulatory (black and white) , so the police may
be reluctant to write tickets for violations .
L
An Equal Opportunity Employer
•
Mr. Curtis Hawk
Lre Page 2
January 31, 1995
We monitored truck speeds on December 20, 1994 . The 85th
percentile speeds for the trucks were approximately 56 mph. This
is lower than for the cars, but still high enough to indicate that
55 mph is the correct value. There was police activity in the area
at the time that we were monitoring, so I expect that the usual
truck speeds are higher than we observed on that occasion.
You may recall that I mentioned that our policies do include a
method for handling cases where the City' s recommendation for the
regulatory speed limit is different from the value recommended by
the Department' s speed study. This procedure involves the
submittal of strip maps and explanations from both the District and
the City to the Department' s Traffic Operations Division in Austin
for evaluation and recommendations . They will review both
submittals and determine which should be used. I will be glad to
submit a request for this analysis . However, I will need a short
written explanation of your reasoning in this matter.
2) You asked if your City has the authority to use a city
ordinance to require that all trucks stay in the right lane of
(kw SH 114 . You also mentioned that something needs to be done
about the condition of the pavement on SH 114 .
I was not able to find any Texas precedent for restricting trucks
to the right lane of a conventional highway. However, you may be
able to do this . I recommend that you contact the local Department
of Public Safety (DPS) office to determine if they have any
experience with this type of request and if it conflicts with their
regulations .
You mentioned that the right lanes of SH 114 are badly worn. I
checked with our Pavement Engineer to determine the status of
repairs for this section. She said that part of the highway is
scheduled for an overlay in February 1995 . She is trying to obtain
additional funds to extend the limits of that project. It is my
understanding that we are also presently working on this section
with our maintenance forces . Considering the present condition of
the roadway, I would not recommend trying to concentrate truck
traffic in the right lane at this time. Also consider that you
would be placing more truck traffic in a lane where people are
slowing down to turn right.
(3) You asked if the Southlake Police have the authority to stop
and weigh trucks traveling on SH 114 . You also mentioned the
possibility of the City being able to retain fines derived
from citations issued for over-weight trucks to fund the extra
(lirse enforcement needed to accomplish this task.
Mr. Curtis Hawk
Lire Page 3
January 31, 1995
I was able to find a reference in the "Texas Traffic Laws" to a
city' s ability to stop and weigh trucks with their police (see VCS
Art 6701d-11 Section 6 - page 179 of the 1993 -94 manual) . I
interpret this reference to indicate that your city must have a
population of 100, 000 or greater to exercise this option. You may
want to contact the local office of the DPS and ask if they can
concentrate some extra enforcement on SH 114 in your city. The
matter of distributing the proceeds of traffic fines are
established by State law. I cannot be of much assistance in that
area.
(4) You said that you were concerned that Level 2 authority for SH
114 grade separations for several city arterials has been
approved, but that there has been no action on the protect.
You mentioned that Carroll and Dove roads are school bus
routes and must cross SH 114 to reach the four schools located
north of the highway. You said that you would like to see
some Quick action on getting these streets grade separated.
I mentioned this issue to Mr. Rondell Fagan, our Director of
Transportation Planning and Development. He said that the right-
of-way maps for this project are being prepared, but that plan
preparation and scheduling cannot commence until approximately 75%
of the right-of-way has been purchased. He was not able to provide
an estimate of when that process would be complete.
(5) You asked if there was any State or Federal STEP grant money
available to fund extra enforcement for truck and speed
violations .
I checked with the District' s Traffic Safety Specialist regarding
this matter. She said that all of the Safety money for this year
has been allocated, but that she would keep your request in mind if
funding for that type of activity becomes available in the future.
(6) Accident History and correctable accident patterns
I mentioned in our meeting that I would review the accident history
for this section of highway to determine if a correctable problem
exists . I checked the annual accident rates for this control-
section. I went back as far as 1988 and compared this sections' s
rates to similar rates for the entire State Highway system. The
total accident rate for the section has always been less than one
half of the State rate and the fatality plus injury rate for those
years has averaged one third of the comparable State rate.
Considering this, I have concluded that the accident rates for this
section of highway are unremarkable. There also does not appear to
L be an over-representation of any one particular type of accident.
L Mr. Curtis Hawk
Page 4
January 31, 1995
We have checked the traffic signal at SH 114 and Dove and found
that it was timed properly at the time of the 1 December accident
involving the gravel truck. The yellow and all-red time
allocations were adequate and in accordance with our usual
practice. This signal, and the others on SH 114 in Southlake, were
designed specifically for high-speed traffic. We installed advance
warning signs and flashers approximately 1000 feet from the
intersections and the sight distance on SH 114 is good. This means
that drivers approach the intersection anticipating that they may
have to stop. We have also installed extra loops in advance of the
signals to extend the green time for approaching vehicles .
(7) Recommendations
Mr. Hawk, I regret that we are not able to reply favorably to all
of your requests . I know that you are frustrated and want to do
something to enhance safety for the people that travel the highways
in your city. I share your concerns and we want to work with you
to do what we can to help. I suggest the following actions :
Lir (a) Send me a written explanation of why you think that the
speed limit on SH 114 should be posted lower than 55 mph. Mention
the issue of establishing a separate speed limit for trucks . I
will prepare a strip map representing your position and submit it
to our Austin office for consideration.
(b) Contact the local office of the DPS to determine if your
police are able to specify lane usage for trucks and can legally
stop and weigh trucks on SH 114 . However, if the trucks are over-
loaded, but operating on a legal permit, this may not be a cost
effective approach.
(c) If you are concerned about gravel truck drivers speeding
and disregarding traffic control devices, you and other concerned
citizens can contact the trucking companies and gravel pit owners
associations . They are sensitive to public pressure and their
industry' s public image. The problem is related to the driver' s
incentive to speed because they are paid per load. You may also
want to discuss problems with the trucking industry with your State
Legislators .
(d) I know that you have heard this before, but you can go to
a "zero tolerance" approach for enforcing the existing 55 mph speed
L
Mr. Curtis Hawk
Page 5
January 31, 1995
limit. Some police departments do not write tickets for speeding
until the speed exceeds the posted limit by 10 mph. However, our
experience has been that you can impact the speeds while the
officers are present, but as soon as they leave, the speeds go back
up to normal . I also realize that the public is critical of strict
enforcement and that budget and personnel limitations make this
type of activity difficult.
Another, less conventional approach is to use a police car as
a "decoy" to try and convince people that officers are monitoring
traffic more often than they really are. Some cities have taken
one of their older patrol cars, one with dark windows, and placed
it beside the road at a location where people might expect to see
officers running radar. The car must be moved occasionally to
other locations, and sometimes , the car could actually have an
officer with a radar gun inside. Some cities have even put a life
size mannequin in uniform inside to fool the public. The objective
is to make people unsure whether the car is empty or contains an
officer with a radar gun.
(ilew You may want to contact the City of Hurst to determine what
success they have had regarding use of their "speed trailer" for
controlling speeds . The trailer contains a radar gun and has a
large digital readout facing traffic to tell people how fast they
are actually going in relation to the posted speed. Also, the city
of Arlington has used an overhead sonic device with an attached
flasher that warns people when they are exceeding a set speed. They
used it to try to slow people down as they approach a sharp curve,
but it could be used for other purposes .
If you would like to discuss this matter further, please call me at
817-370- 6619 .
Sincerely,
Wallace E/ Ewell, P.E.
Director of Transportation Operations
WEE/sme
cc: Mr. Charles W. Heald, P.E
Mr. Rondell Fagan, P.E.
Mr. Tom Newbern, P.E.
L
City of Southlake,Texas
MEMORANDUM
February 2, 1995
TO: Curtis Hawk, City Manager
FROM: Sandra L. LeGrand, City Secretary
SUBJECT: Resolution No. 95-04, Calling General Election
Resolution No. 95-04 setting the procedures for and calling the General Election to be held on
May 6, 1995, for the purpose of electing three Councilmembers, Places 3,4, and 5, and electing
the Judge of Municipal Court.
The resolution also establishes election precincts, appoints an election judge and alternate judge,
sets hours for early voting, establishes the date for the official canvass and a run-off election if
one should become necessary. The resolution shows the dates for filing and publications,
determines the method of voting and other important election procedures.
I have attached for your information a copy of the election calendar for use with pre-election
matters. I plan to have Candidate Packets ready on Monday, February 13, 1995, although the
first day to file is not until Monday, February 20, 1995.
For election questions, please do not hesitate to give me a call.
/thr—
sl
5'6—
y City of Southlake,Texas
MEMORANDUM
February 2, 1995
TO: Curtis Hawk, City Manager
FROM: Sandra L. LeGrand, City Secretary
SUBJECT: Codification of City Ordinances
Pursuant to the Home Rule Charter, Article 3.15, Codification of Ordinances states, "The City
Manager as soon as practical after the adoption of this Charter may cause to be codified and
properly entered and published for public distribution or for anyone desiring same, the
ordinances of the City, which codification may be revised and updated annually".
As you are aware, because the City has been updating many "old" and "outdated" ordinances,
we have not proceeded with codification of ordinances until now. Kevin Hugman, Assistant to
the City Manager, and I have been given the task of seeking proposals from companies who
specialize in Codification of Ordinances.
On November 9, 1994, Kevin and I met with Pat Rentschler of American Legal Publishing
Corporation and on December 7, 1994, we met with Dale Barstow of Municipal Code
Corporation. After talking with several cities as well as one of our City Attorney's, we both
feel that both companies would meet our needs and provide excellent services, but recommend
we choose Municipal Code Corporation because of their experience and personalized legal
attention.
Kevin Hugman prepared a comparison of the codification proposals which I have attached as
well has his memorandum to me outlining other factors that favor Municipal Code Corporation.
Codification of ordinances was included in my FY94-95 budget, line item 230. Professional
. Services, in the amount of $20,000. The base bid for Municipal Code Corporation is
approximately $11,380. depending on several options.
If we can answer additional questions for you, please let us know.
sl
(411.[
City of Southlake,Texas
MEMORANDUM
February 1, 1995
TO: Sandy LeGrand, City Secretary
FROM: Kevin Hugman, Assistant to the City Manager
SUBJECT: Review of Codification Proposals
I have reviewed the proposals from American Legal Publishing Corporation and Municipal Code
Corporation. The bid amounts being nearly the same, I recommend that we choose Municipal
Code to codify our ordinances based upon factors such as legal review, typeset, and experience.
As shown on the attached sheet, the bid amounts are very close, although Municipal Code seems
to be higher because they have estimated a greater number of pages in the finished product. I
have spoken with Mr. Dale Barstow of Municipal Code and he said that they could offer a
refund if the page count is less than their estimate. I have factored this into the cost
comparison.
Since the proposed costs are very nearly the same, other factors that favor Municipal Code are:
* The legal review is performed by one lawyer, whereas American Legal will
assign the review to a team of lawyers. Review of material for statutory
conformity and conflict will be simplified if only one lawyer reviews the code and
communicates with the City attorney.
* Municipal Code Corporation will send the assigned lawyer to meet with the City
attorney and staff during the draft review process.
* The typeset style of Municipal Code Corporation provides a more professional
appearance.
* Municipal Code Corporation does not require the finished code to be copyrighted
which allows us then to make copies of sections for citizens if we so choose.
* Should we decide to also purchase the on-line computerized retrieval system, the
cost of Municipal Code's package is cheaper than American Legal's.
In summary, I believe that both companies would meet our needs and provide excellent services,
but I recommend we choose Municipal Code Corporation because of their experience and
personalized legal attention.
(61.0,
KH
�Gt --oZ-
•
COMPARISON OF CODIFICATION PROPOSALS
L. American Legal Municipal Code
Base Cost: $11,500 $8,000
Number of Copies: 50 50
Legal Analysis: Yes Yes
Freight/Shipping: Included Included
Number of Pages:
Single Column: 560 300
Dual Column: 390 210
Variable Cost (per page)
Single Column: $18 $18
Dual Column: $22 $22
Supplements (per page):
Single Column: $18 $18
(iire Dual Column: $22 $22
$8,100
Subdivision & Zoning (pages)
Single col 350 @$15/page
Dual col 250 @$20/page
$5,000
TOTAL BASE BID: $11,500 $13.000
Assuming page count decrease of 90 pages to
coincide wth Am Legal, @ $18/page: ($1.620)
$11.380
On-Line Retrieval
System: $1,595 515 (1 license)
(be
5Q -3 -
•
PROFESSIONAL SERVICES PROPOSAL
The MUNICIPAL CODE CORPORATION,a corporation duly authorized and existing
under the laws of the State of Florida, hereinafter referred to as MCC, hereby offers to
research, edit, and codify and publish the ordinances for the CITY OF SOUTHLAKE,
TEXAS, a municipal corporation duly organized and existing under state law, hereinafter
referred to as the Municipality, according to the following terms and conditions:
PART ONE
CODIFICATION OF THE ORDINANCES
•
(1) ORDINANCES INCLUDED. MCC will, under the supervision of the
Municipality's attorney, codify the ordinances of a general and permanent nature passed in final
form by the Municipality as of the date of this agreement. However, the Municipality may
forward ordinances subsequently passed for inclusion in the new Code until notice is received
that the editorial work has been completed.
(2) COPIES OF MATERIAL. The Municipality will furnish MCC for its use in the
preparation of the Code, all ordinances of a general and permanent nature passed in final form,
and either typed or printed copies of the Charter and all amendments thereto.
(3) LEGAL RESEARCH AND REVIEW. MCC will assign an attorney to work with
the Municipality's attorney. Before the conference with the Municipality's attorney, MCC's
attorney will:
a) State Law. Research every ordinance to be included in the Code against state
law. This process will discover inconsistencies and conflicts with, and
preemptions by, the state law.
b) State law references. Append state law references at the end of appropriate
sections.
c) Case Law. Research every ordinance to be included in the Code against federal
and state appellate case law as reported in Shepard's. Any judicial decision
specifically affecting the validity of an ordinance included herein shall be called
to the attention of the Municipality's attorney.
d) Charter. Research every ordinance to be included in the Code against the
Municipality's Charter. Conflicts and inconsistencies with, and preemptions by,
the Charter will be brought to the attention of the Municipality's Attorney. If
the Charter is to be printed, it will be analyzed against state law and appropriate
(01 explanatory notes prepared. Amendments, if any, will be incorporated into the
Charter.
105-4.— t
w r
e) Internal consistency. Research the ordinances against each other.
Inconsistencies or conflicts between existing laws and obsolete provisions will
be discovered through this research.
(4) CERTAIN SERVICES PERFORMED FOR MUNICIPAL ATTORNEY. It is
expressly understood that, should any contract be entered into between MCC and the
Municipality based upon this proposal, the services provided for above, and any other service
involving findings or recommendations relating to the legality or validity of the ordinances, will
be performed only for the Attorney for the Municipality and solely for the purpose of supplying
information directly to him.
•
(5) CONFERENCE WITH ATTORNEY. MCC's attorney will travel to the
Municipality for a conference with the Municipality's attorney and other interested officials.
The following will occur at the conference:
a) Issues. Issues discussed will include all inconsistencies and conflicts discovered
during research, as well as obsolete provisions.
b) Solutions. Recommendations will be made regarding solutions to the issues
discussed.
c) Implementation. Agreed upon solutions will be implemented with the help of
MCC's attorney. The Municipality's attorney has ultimate decision making
authority for solutions and implementation.
d) Specific subjects. MCC has an extensive collection of Sample Ordinances.
Recommendations will be made regarding new legislation on specific subjects
where there is an obvious need. To facilitate this, the Municipality should
request recommendations on subjects of specific concern.
e) Organization. Organization can be reviewed with the Municipality providing
comments, criticisms or suggestions.
(6) CONFERENCE MEMORANDUM. Following the conference,MCC's attorney will
draft and submit a memorandum outlining the substantive changes, solutions and
implementations agreed upon. This memorandum is extremely useful upon receipt of the
proofs; it is recommended the proofs be reviewed in conjunction with the conference
memorandum.
(7) EDITORIAL WORK. The manuscript will be prepared to include:
a) Proper phraseology. Concise, modern and proper phraseology, without
conflicts, ambiguities and repetitious provisions.
C
2 5 -f _
•
b) Chapter arrangement. Each chapter of the new Code shall embrace all
ordinances of the same subject matter. Within the chapter itself, the ordinances
r shall be arranged in an orderly and logical fashion, to include articles and
divisions as necessary. Chapters, sections and page numbers will be reserved
for future expansion.
Title arrangement is also available and will be discussed at the conference.
c) Table of contents. This table will list the chapters, articles and divisions of the
Code, giving the page number upon which each begins.
d) Chapter analysis. Each chapter of the new Code will be preceded by a detailed
• analysis listing the articles, divisions, and sections contained therein.
e) Catchlines. Each section will be preceded by a catchline, which shall reflect
the content of the section.
f) History notes. A history note will be prepared for each section of the new
Code. The note will indicate the source from which the section is derived.
g) Cross references and footnotes. Cross references will be prepared to tie
together related sections of the new Code. Proper explanation will also be made
• in the form of footnotes to relevant provisions of the Code.
h) Charter references. Charter references will be prepared to tie together related
sections of the Charter and new Code.
i) Comparative table. This table lists all ordinances included in the Code in
chronological and/or numerical sequence, setting out the location of such
ordinances in the Code.
j) State law reference table. This table will list by state law citation all sections
carrying a reference.
(8) NOTICE OF COMPLETION OF EDITORIAL WORK. Upon completion of all
editorial work, MCC will notify the Municipality in writing that the Code manuscript is ready
for typesetting and printing. No additional ordinances will be included in the Code manuscript
subsequent to such notice.
(9) TYPESETTING AND PROOFS. After typesetting has been completed, MCC will
submit one set of proofs to the Municipality for review. The Municipality may make word
changes on the proofs without charge. However, the Municipality will be charged for changes
or deletions constituting more than one page of type. For the purpose of this proposal, a page
is defined as the area on one side of a sheet of paper. A sheet contains two (2) pages.
3 54 !?
It shall be the duty of the Municipality to return the proofs, with the changes
indicated thereon within forty-five (45) days from the date of their receipt. If proofs are not
returned within forty-five (45) days, and no notice to the contrary is received by MCC, it will
be assumed that no changes are to be made. MCC will then proceed to print the Code and no
changes shall thereafter be allowed.
Should the Municipality request to review the proofs beyond forty-five (45) days but
fail to return them within one year, the contract balance shall become due and payable. Upon
mutual agreement regarding time and compensation, MCC shall update the proofs with
subsequent enactments before delivery of the printed Code.
MCC guarantees typographical correctness. Errors attributable to MCC will be
corrected throughout the term of the contract, without charge to the Municipality. MCC's
liability for all services shall extend only to the correcting of errors in the Code or future
supplements, not to any acts or occurrences as a result of such errors, and only so long as a
contract is in effect.
(10) INDEX. After return of the proofs, but before printing, a comprehensive, general
index for the Code will be prepared. An index will also be prepared for the Charter. All
sections are indexed under major subjects with appropriate section citations. Columnar citations
are used to enhance the ease of reference.
(11) PRINTING AND BINDING. When the proofs are returned by the Municipality,
MCC will proceed with printing and binding the Code in accordance with the following:
a) Copies. The number of copies desired by the Municipality will be printed on
50 lb. white offset paper.
b) Page format. The page size will be consistent with the format chosen by the
Municipality. Formats available are 8-1/2 x 11 inches, single column, and
8-1/2 x 11 inches, double column (samples attached).
c) Type size. Various type sizes are available for text. Should the Municipality
desire a type size larger, or smaller, than ten-point, notice should be given to
MCC prior to notice of completion of the editorial work.
d) Special material. Tables, drawings, designs, Algebra formulae, or other
material which require engraved cuts or special methods of reproduction, will
be charged as set out herein.
e) Binding. MCC will bind copies of the completed Code in expandable post type
binders, each with slide lock fasteners and with black imitation leather covers
stamped in gold leaf. Color choices available for a slight charge. Additional
binders can be ordered at any time by the Municipality at the then current prices.
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f) Separator tabs. MCC will furnish separator tab sheets (mylar tabs, printed both
- Ci sides) for the bound Codes. The tabs will reflect the major divisions or chapters
of the Code volume.
g) Reprints of chapters. Additional copies of specific chapters or portions of the
Code, e.g. zoning regulations or the preparation of a Police Manual for the
Police Department, may be ordered for binding in paper covers for separate
distribution or sale. Prices will be furnished upon request.
(12) CODE ON COMPUTER. MCC can provide the Code on magnetic media. The
Code can be provided with WordPerfect 5.1 commands embedded so that the features of
WordPerfect are available.
Alternatively, the Code can also be provided in the generic form of ASCII. ASCII
can generally be retrieved into any word processing software, but may require more than casual
knowledge of computers and programming.
(13) SEARCH AND RETRIEVAL SOFTWARE. MCC offers the following search and
retrieval software programs, all of which are compatible with the Code on magnetic media
described above:
a) Socrates. This is MCC's text search and retrieval software which is integrated
C., with the Code in WordPerfect or ASCII. MCC performs the integration and
provides support to Socrates users. The software affords easy "exportation"
t¢ of language to your word processing software for drafting and amendatory
purposes. Utilizing your existing word processing program eliminates learning
new editing commands and allows new ordinances to follow existing procedures.
Socrates is available for DOS and Windows.
b) ISYS. ISYS is the program from which Socrates is derived. It is a
commercially available text retrieval software which instantly locates any
document(s) containing references to a word, phrase, or combination thereof.
It can be used on any/all files you designate, not just the Code (including
minutes, letters, invoices, etc). Additionally ISYS supports over 25 different
word processing programs.
c) Folio VIEWS. Folio VIEWS offers a powerful, context-sensitive, on-line help
system for immediate assistance to inquiries. The customized menus offer robust
functionality and speedy start-up access to your information. Every word in an
infobase is indexed. Type in a word, a phrase or a query and watch the Query
Map display the search results. With a click of the mouse, users can jump to
the points of information they need. Information retrieval capabilities include
standard boolean search operators, phrase searching, proximity searching and
word stemming to include word variations and synonyms in searches. Folio
VIEWS is available for DOS, Windows and Macintosh.
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(14) SHIPMENT; ADOPTING ORDINANCE. Upon completion of the above, MCC
will ship the Code as directed by the Municipality. At this time,.MCC's attorney will furnish
the Municipality with a suggested adopting ordinance. Once the Code has been adopted, a copy
of the ordinance should be sent to MCC, so that it can be included in the Code.
•
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654--y
t
1
PART Two
i LOOSELEAF SUPPLEMENT SERVICE
f
(1) SCHEDULE. After shipment of the new Code MCC shall keep the Code up-to-
date by the publication of Looseleaf Supplements which will contain the new ordinances of a
general and permanent nature enacted by the governing body. The Supplements can be
published on a schedule to meet the requirements of the Municipality. There is no additional
I charge for frequent publication. A minimum of thirty (30) working days shall be required for
1 delivery of a Supplement.
(2) ORDINANCES TO BE FURNISHED BY MUNICIPALITY. The Municipality
j shall forward to MCC copies of the ordinances upon final enactment by the Municipality. The
ordinances may be furnished on diskettes, if available. If diskettes are provided by the
Municipality, it is also requested one copy of each ordinance be furnished for verification
purposes.
(3) EDITORIAL SCRUTINY. The new ordinances will be studied by a member of
MCC's editorial staff in conjunction with the existing provisions of the new Code. The pages
of the Code containing provisions that are specifically repealed or amended by ordinance shall
c. be reprinted to remove such repealed or amended provisions and to insert the new ordinances.
Should MCC detect conflicts, inconsistencies or duplications in the Code as the new ordinances
Iare included, the Municipality will be notified so that remedial action may be taken.
(4) EDITORIAL NOTES. Appropriate editorial notes will be prepared an appended
to the new sections as deemed necessary by the editor.
(5) INDEX AND TABLES. When the inclusion of new material necessitates changes
in the index, appropriate entries will be prepared and the necessary pages of the index will be
reprinted to include the new entries.
The Comparative and State Law Reference Tables will be kept up-to-date to reflect
the new ordinances and state law citations, if any, included in each Supplement. The Table of
Contents will also be kept current to reflect changes in the Code.
(6) INSTRUCTION SHEET. Each Supplement will contain a page of instructions for
removal of the obsolete pages and insertion of the new pages. The latest ordinance included
in the published Supplement will be noted in boldface type on the Instruction Sheet.
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(7) CHECKLIST. A checklist of up-to-date pages will be prepared and kept current
for the benefit of the user. The checklist of up-to-date pages will allow instant determination
of whether the user is relying on a page reflecting current ordinances.
(8) TABULAR MATTER. Should the Supplement contain tables, drawings and the like
for which special typesetting or other methods of reproduction are required, the costs will be
charged as set out herein.
(9) MAGNETIC MEDIA. If the Municipality has chosen to receive the Code on
magnetic media, as set out in Part One of this agreement, the magnetic media delivered after
supplementation will reflect the entire Code as updated through the most recent Supplement.
(10) REPRINTS. Looseleaf reprint pamphlets, which contain certain portions of the
Code, including appropriate index pages, can be kept up-to-date at the same time the Code
volume is supplemented.
(11) SAMPLE ORDINANCE SERVICE. (Optional) Sample provisions of specific
subjects will be furnished upon request. A sample ordinance index will be furnished for use
in requesting the desired sample provisions.
(12) ANNUAL STATE LAW REVIEW; REPORT. MCC will review annually the state
law changes and submit a report to the Municipal Attorney of any changes which may affect
local government Codes generally. If an extensive legal review of the Code is required based
on massive state law changes, this review will be as provided below.
(13) ANALYZATION OF CODE. At the request of the Municipality and at a cost to
be agreed upon in advance, MCC will analyze the Code on a chapter-by-chapter basis against
the current state law, and submit written recommendations to the Municipal Attorney as to any
Code changes deemed necessary or desirable as a result of such analyzation. MCC's attorney
will work with the Municipal Attorney in drafting legislation as deemed necessary.
The cost for the analyzation and drafting services would be on an hourly basis, not
to exceed a specific number of hours as agreed upon by MCC and the Municipality.
(14) SHIPMENT. Supplements will be shipped to the Municipality for distribution to the
holders of the Codes. However, storage, distribution and billing services are available. Prices
will be furnished upon request. The Municipality shall have the exclusive right to sell the
Codes and Supplements.
8 J'-4_jf
(15) TERMINATION. The Looseleaf Supplement Service provided under this Part Two
Co' shall be in full force and effect for a period of three (3) years from the date of shipment of the
completed Code to the Municipality. Thereafter, the Looseleaf Supplement Service will be
automatically renewed from year to year, provided that either party may alter or cancel the
terms of this Part Two upon sixty (60) days' written notice.
•
(lar, •
QUOTATION SHEET
PART ONE - CODIFICATION:
(1) Base Cost, includes $8,000
a) Legal Review
b) Sample Ordinance Service
c) Conference with MCC Attorney
d) Conference Memorandum
e) Editorial Work
f) Typesetting and Proofs
g) Indexing
h) Printing and Binding
i. Number of copies 50
ii. Number of binders 50
iii. Number of sets of special order tabs 50
iv. Estimated pages (please choose desired format)'
[] 8-1/2 x 11 inches, single column 300
[] 8-1/2 x 11 inches, double column 210
(2) Base Cost does not include:
a) Pages in excess of those listed above will
be billed as follows:
i. 8-1/2 x 11 inches, single column $18
ii. 8-1/2 x 11 inches, double column $22
b) Publication of Subdivision and Zoning
i. Estimated pages (please choose desired format)
0 8-1/2 x 11 inches, single column 350
[] 8-1/2 x 11 inches, double column 250
ii. 8-1/2 x 11 inches, single column, per page $15
iii. 8-1/2 x 11 inches, double column, per page $20
c) Tabular matter, additional per page no charge
d) Freight charges (invoiced upon shipment) no charge
'A page is defined as the area on one side of a sheet of paper. A sheet contains two(2)pages.
5a 6
(3) Additional services available:
a) Code on computer
i. Data integrated with Socrates or
Folio VIEWS with WordPerfect 5.1
commands embedded, or in ASCII,
one license (includes handling) $515
ii. Each additional license $100
iii. Unlimited licenses quote available upon request
b) ISYS text search and retrieval software
for all documents see attached price list
PART TWO - LOOSELEAF SUPPLEMENT SERVICE
(1) Annual fee for Supplements none
(2) Number of copies 50
(3) Cost per page
a) 8-1/2 x 11 inches, single column $18
b) 8-1/2 x 11 inches, double column $22
c) Tabular matter, additional per page no charge
d) One set of disks, including software upgrades,
per Supplement $50
(cost in addition to regular Supplement per page charge)
e) If additional sets of updated disks required,
per set $25
(4) Sample Ordinance Service (Optional)
a) Up to 100 pages, per annum no charge
b) Over 100 pages, per page $0.50
PAYMENT
(1) Upon signing of the contract $2,000
(2) Upon completion of the conference $2,000
(3) Upon receipt of proofs $2,000
(4) Balance upon delivery of Code.
11 -.
(5) Payment for the Looseleaf Supplement Service will be
due upon receipt of an invoice. Supplements will be
invoiced when shipped.
(6) Freight charges will be prepaid and invoiced at time
of final billing.
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12
(54 if
The terms of this agreement shall remain in force and effect for a period of ninety
(pi (90) days from the date appearing below, unless accepted by the Municipality.
Submitted by:
MUNICIPAL CODE CORPORATION
AAAA 64(i
Witness esident
December 14, 1994
Accepted by:
SOUTHLAKE, TEXAS
Witness Title
Date
Col
13
54/6
City of Southlake,Texas
RESOLUTION NO. 95-04
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS,
CALLING FOR A GENERAL ELECTION TO BE HELD ON
MAY 6, 1995; ESTABLISHING ELECTION PRECINCTS
WITHIN THE CITY; APPOINTING AN ELECTION JUDGE
AND AN ALTERNATE JUDGE; AUTHORIZING THE CITY
SECRETARY TO MAKE SUBMISSIONS TO THE UNITED
STATES JUSTICE DEPARTMENT FOR PRE-CLEARANCE
APPROVAL; ESTABLISHING OTHER PROCEDURES FOR
THE CONDUCT OF THE ELECTION; ESTABLISHING A
DATE FOR CANVASSING RETURNS; ESTABLISHING A
DATE FOR RUNOFF ELECTION IF NECESSARY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 41.001 of the Texas Election Code (the "code") specifies that the
first Saturday in May shall be a "Uniform Election Date" and that a General Election of a City
may be held on such day; and,
WHEREAS, by a Resolution the first Saturday in May (May 6, 1995), has been adopted
as the date of its General Election; and,
WHEREAS, by this Resolution, is established the date of June 3, 1995 as the date for
a runoff election should one be required for the General Election; and,
WHEREAS, by this Resolution, it is the intention of the City Council to officially
establish the election precincts within the City, to designate a polling place for the election, to
appoint the necessary election officers and to establish and set forth procedures for conducting
the election; and,
WHEREAS, the changes from prior practices may require pre-clearance under the
Federal Voting Rights Act:
NOW THEREFORE, IT BE RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SOUTHLAKE, TEXAS, THAT:
Section 1. Election Day. A general election shall be held in the City of Southlake, Texas, on
Saturday, May 6, 1995, at which the following officers will be elected:
COUNCILMEMBER PLACE 3
COUNCILMEMBER PLACE 4
COUNCILMEMBER PLACE 5
JUDGE OF MUNICIPAL COURT
i
Resolution No. 95-04
Lie Calling General Election
page two
Section 2. Term of Office. In accordance with the City Charter, the candidate for each of the
following offices receiving the majority of votes for such office shall be elected for the following
terms, beginning May 6, 1995, or until a successor is duly elected and qualified:
Councilmembers shall serve three (3) year terms, which will expire in May, 1998 The Judge
of Municipal Court shall serve a three (3) year term, which will expire in May, 1998.
Section 3. Eligibility for Candidacy. In accordance with the City's Charter, no person shall be
eligible for the Office of Mayor or Councilmember unless he/she is a qualified elector of the
City and has resided in the City for at least twelve (12) months preceding the election at which
he/she is to be elected.
Section 4. Application for a Place on the Ballot. In accordance with Section 143.007 of the
Code, any eligible and qualified person shall have his name printed upon the official ballot as
a candidate for the offices herein set forth by filing his sworn application with the City Secretary
not earlier than February 20, 1995, and not later than 5:00 p.m., March 22, 1995. Each such
application shall be on a form prescribed by Section 141.031 of the Code. The order in which
the names of the candidates are to be printed on the ballot shall be determined by a drawing by
the City Secretary as provided by Section 52.094 of the Code. Notice of the time and place for
such drawing shall be given in accordance with the Code.
(me Section 5. Runoff.Election. In accordance with the Code, in the event that no candidate or
measure received a majority of the votes for an office/measure, there shall be a runoff election
held on June 3, 1995. If a runoff election is necessary, it shall be ordered by the Mayor not
later than five (5) days after the canvassing of the returns of the general election.
Section 6. Election Precincts. In accordance with Section 42.061 of the Code, the City Council
of the City hereby establishes its election precincts for all municipal election from and after the
effective day of this Resolution, such precincts to be coterminous with the boundaries of the
below listed election precincts established by the Denton County and Tarrant County
Commissioner's Courts, to the extent such election precincts are within the corporate boundaries
of the City:
Denton County Election Precinct No. 318
Tarrant County Election Precinct No. 3470
Tarrant County Election Precinct No. 3039
Tarrant County Election Precinct No. 3040
Tarrant County Election Precinct No. 3286
Tarrant County Election Precinct No. 3359
Section 7. Polling Place. The polling place for the General Election precincts of the City for
all Municipal Elections from and after the effective date of this Resolution shall be Southlake
(law City Hall, 667 North Carroll Avenue, Southlake. The polls shall be open from 7:00 a.m. to
576- 3
Resolution No. 95-04
Calling General Election
page three
7:00 p.m. on election day, in accordance with and pursuant to the requirements of the Code.
Section 8. Appointment of Election Judge and Alternate Election Judge. The following named
individuals, residing at the respective addresses are hereby appointed to serve as Presiding
Election Judge and Alternate Presiding Election Judge, respectively, at the election:
Presiding Judge:
Aloha Payne, 1213 Whispering Lane, Southlake, Texas
Alternate Judge:
Joan Dunbar, 1202 Oakwood Trail, Southlake, Texas
The Election Judge and Alternate Judge shall be qualified voters of the City. The City Secretary
shall, in accordance with Section 32.009 of the Code, deliver to the Presiding Judge and the
Alternate Judge, notice of their appointments not later than twenty (20) days from the effective
date of this Resolution.
kmie Section 9. Appointment of Clerks. The Presiding Judge for the polling place shall appoint
Election Clerks and as many additional clerks as are necessary for the proper conduct of the
election. Provided, however, six (6) clerks shall be the maximum number of clerks which may
be appointed to serve at the polling place. All Election Clerks shall be qualified voters of the
City.
Section 10. Compensation of the Election Judge and Election Clerks. The Presiding Election
Judge, Alternate Presiding Judge and each Election Clerk shall be compensated at the rate of
$6.00 per hour in accordance with Section 32.091 of the Code. The Presiding Election Judge
shall also be paid the additional sum of$25.00 for delivering the returns of the election.
Section 11. Method of Voting. The City Secretary is hereby authorized and instructed to
provide and furnish all necessary election supplies to conduct the General Election, in
accordance with this resolution. Voting at the election shall be by electronic voting machines
and shall be conducted in accordance with the Code.
Section 12. Governing Law and Qualified Voters. The Election shall be held in accordance
with the Constitution of the State of Texas and the Code, and all resident qualified voters of the
City shall be eligible to vote at the election.
Section 13. Publication and Posting of Notice of Election. Notice of the election shall be
published twice no earlier than April 6, 1995, and no later than April 26, 1994, in the
(itit." newspaper in accordance with the provisions of the Code. Additionally, notice shall be posted
Resolution No. 95-04
(8.„ Calling General Election
page four
no later than April 17, 1995, in the regular place for posting notice of meetings of the City
Council of the City, and shall remain posted continuously through election day, May 6, 1995.
Section 14. Early Voting. Early Voting by personal appearance shall be conducted between the
hours of 8:00 a.m. and 5:00 p.m. on each day which is not a Saturday, Sunday, or an official
State Holiday, beginning on April 17, 1995, and continuing through May 2, 1995. Additional
voting hours shall include:
Monday April 17, 1995 8:00 a.m. to 5:00 p.m.
Tuesday April 18, 1995 8:00 a.m. to 5:00 p.m.
Wednesday April 19, 1995 8:00 a.m. to 5:00 p.m.
Thursday April 20, 1995 8:00 a.m. to 5:00 p.m.
Friday April 21, 1995 8:00 a.m. to 5:00 p.m.
Saturday April 22, 1995 Closed
Sunday April 23, 1995 Closed
Monday April 24, 1995 8:00 a.m. to 7:00 p.m.
Tuesday April 25, 1995 8:00 a.m. to 7:00 p.m.
Wednesday April 26, 1995 8:00 a.m. to 7:00 p.m.
Thursday April 27, 1995 8:00 a.m. to 7:00 p.m.
Friday April 28, 1995 8:00 a.m. to 7:00 p.m.rovrSaturday April 29, 1995 8:00 a.m. to 5:00 p.m.
Sunday April 30, 1995 Closed
Monday May 01, 1995 8:00 a.m. to 7:00 p.m.
Tuesday May 02, 1995 8:00 a.m. to 7:00 p.m.
Early Voting by personal appearance shall be held at City Hall, 667 North Carroll Avenue,
Southlake, Texas. Applications for early voting by mail shall be delivered to the City Secretary
at the same address not earlier than March 7, 1995, and not later than the close of business on
April 28, 1995.
Early Voting, both by personal appearance and by mail, shall be by paper ballots and shall be
canvassed by the Absentee Ballot Board, which is hereby created. The Presiding Election Judge
and the Alternate Presiding Election Judge appointed herein shall serve as the presiding officer
and the alternate presiding officer, respectively, of the Early Voting Board. The other election
officers serving at the election shall serve as the other members of the Early Voting Ballot Board
for the election.
Section 15. Submissions to the United States Justice Department. The City Secretary of the
City of Southlake is authorized to make such submissions as are necessary to the United States
Justice Department to seek pre-clearance approval for additional length of the absentee voting
period.
(kw
ch—o
i
Resolution No. 95-04
L Calling General Election
page five
Section 16. Delivery of Returns. In accordance with the Code, immediately after the closing
of the polls on the day of the election, the election officers named in this resolution shall make
and deliver the returns of the election in triplicate as follows: one copy shall be retained by the
Presiding Judge; one copy shall be delivered to the Mayor of the City; and one copy of the
returns together with the ballot boxes and all election supplies shall be delivered to the City
Secretary. All election records and supplies shall be preserved by the City Secretary in
accordance with the Code.
Section 17. Canvassing of Returns. The City Council shall convene on May 8, 1995, at 6:00
p.m. to canvass the returns of the election held on May 6, 1995.
Section 18. Necessary Actions. The Mayor and the City Secretary of the City, in consultation
with the City Attorney, are hereby authorized and directed to take any and all actions necessary
to comply with the provisions of the Code in carrying out and conducting the election, whether
or not expressly authorized herein.
Section 19. Effective Date. This resolution shall be effective upon its adoption.
PASSED AND APPROVED THIS THE 7TH DAY OF FEBRUARY, 1995.
CITY OF SOUTHLAKE, TEXAS
Mayor Gary Fickes
ATTEST:
Sandra L. LeGrand
City Secretary
APPROVED AS TO FORM:
City Attorney
L
City of Southlake,Texas
CANDIDATE'S ELECTION CALENDAR
CITY OF SOUTHLAKE
GENERAL ELECTION
MAY 6, 1995
DATE DAY DESCRIPTION
February 20, 1995 Monday FIRST DAY to file for office. 8:00
a.m. Office of City Secretary
March 22, 1995 Wednesday LAST DAY to file for office. 5:00
p,m.
March 23, 1995 Monday Drawing for place on the ballot.
Office of City Secretary. 10:00 a.m.
March 31, 1995 Friday Last Day to withdraw as a candidate.
5:00 p.m.
April 6, 1995 Thursday Last Day a person may register to
vote in the May 6, 1995 General
Election.
April 17, 1995
May 2, 1995
Monday EARLY VOTING by personal
appearance begins. Southlake City
Hall, 667 N. Carroll Avenue. 8:00
a.m. to 5:00 p.m.
Tuesday Early Voting by personal appearance
ends. 7:00 p.m.
May 6, 1995 Saturday ELECTION DAY 7:00 a.m. to
7:00 p.m. Southlake City Hall, 667
North Carroll Avenue.
May 8, 1995 Monday Special City Council Meeting to
canvass election returns and declare
results. Call Runoff Election if
necessary. 6:00 p.m.
June 3, 1995 Saturday Runoff Election (if necessary)
b - 7
City of Southlake,Texas
MEMORANDUM
February 2, 1995
TO: Curtis E. Hawk, City Manager
FROM: Billy Campbell, Director, Department of Public Safety
SUBJECT: Northeast Street Crimes Unit
The Police Services Division for the last two years has been identifying gang signs and gang
activity in the City of Southlake. While these activities have been minimal we must be
realistic in recognizing their potential. We have several opportunities as a city that most
other cities do not have. One of those opportunities is to be pro-active in maintaining a low
crime rate. Once a city looses control of the streets it is an arduous and almost impossible
task to regain that qualify of life.
Grapevine is being pressed from Irving and Lewisville, Watauga and Keller are being
pressed by Ft. Worth, Hurst, Bedford, Euless is pushing in from the south and everyone of
these communities have their own internal problems.
I feel that it is in the best interest of the City of Southlake to participate part time with the
four cities that make up the Northeast Street Crimes Unit. It will give our police officers an
opportunity to see what is transpiring in other communities, thus recognizing those activities
as they appear in Southlake. It is a tremendous educational opportunity to learn from what's
going on in other communities. Being armed with this knowledge we will be able to provide
a heightened awareness toward the enforcement on our streets.
This is not a social program. This task force is a Street Crimes Unit that has the charge to
deal with any and all types of street crime and gang related activity. If given the opportunity
to participate, my thoughts are that we would assign an officer one to two days a week for
about a four to six week period and try to work each member of the uniformed service
through this task force.
The participating cities are North Richland Hills, Haltom City, Watauga, Richland Hills and
us. Attached is a copy of the Street Crimes Unit Interlocal Agreement and I am
recommending Council approval to enter into this agreement. I have also sent a copy of the
agreement to the City attorney for his perusal.
I a ailable for any comments or questions that you might have.
BC/mr
Attachment Se-�
wplManolNEGang2.TF
City of Southlake,Texas
MEMORANDUM
January 26, 1995
TO:
FROM:
Billy Campbell, Director, Department of Public Safety
Gary Gregg, Director, Police Services
SUBJECT: Proposed Agreement - Northeast Gang Task Force
I have attached a copy of a proposed agreement that has been submitted for Southlake's
inclusion in the Northeast Gang Task Force. The Gang Task Force currently consists of
about five original signatory cities, including the cities of North Richland Hills, Watauga,
Richland Hills and those areas in the Northeast Tarrant County area that are currently
experiencing the beginning of a gang problem.
As you are well aware we have not experienced any significant gang activity in the Southlake
area yet, but as our population increases and school district boundaries change, along with
other entertainment facilities that begin to develop along area of 114 and 1709, I believe that
the potential for our exposure to these elements will increase.
The initial cities that have started the gang task force have committed to at least one full-time
officer being in the task force. After having discussed the issue with the Director of Police
Services in Watauga and with Assistant Chief Tom Shockley of North Richland Hills, it is
my understanding that we will be allowed to join the gang task force with the member
agency's permission without making the commitment of a full-time person. Our intent in this
situation is to provide possible ancillary services such as the use of our canine animal for use
in drug interdiction. In return we will have the opportunity to send officers over to work
with the gang task force as our staffing allows, perhaps one or two days a week.
I feel that the opportunity of the training and the practical experience that we will gain in
having our officers participate with these activities will more than out weigh any minimal
cost that might be included in the contract at this time. We have not been asked to make any
significant or substantial monetary contribution to the task force. There have been some
informal discussions that perhaps from time to time some discarded office equipment, desks,
furniture and disposable office supplies such as paper clips of a very nominal amount would
certainly be appreciated.
Sgt. Russell Geran of the North Richland Hills Police Department currently serves as the
supervisor in charge of this unit. This unit is not to be confused with a Federally grant
funded gang intervention unit which has directed its efforts toward activities to divert the
gangs. This is purely an enforcement unit. Sgt. Geran has indicated that he would be
.5e-a
Memorandum - Director Billy Campbell
Proposed Agreement - Northeast Gang Task Force
January 25, 1995
Page 2
available to discuss the matter with you at any time to give us an indication of the type
enforcement role that this multi-agency task force intends to play.
I feel that we have a very unique opportunity outside of classroom training itself to expose
our officers to an element that because of our unique climate, culture and boundaries our
officers may not have an opportunity to become familiar with otherwise.
I am available for any questions or comments that you might have.
GG/mr
Attachment
Lie
wptMemotNEGang.TF
5'e3
1/27/95 09:19:35 2 2 Gary Gregg 481-0036 North Richland Fills Police Department FAX(817)656-7512
L
NORTH
R I C H LAN D January 27, 1995
HI LLS Mr.Gary Gregg PDL#01/95/029
Southlake Department of Public Safety
Prime Department 667 N.Carroll Avenue
Southlake,TX 76092-9494
Dear Gary:
I am in receipt of your letter regarding the Northeast Street Crimes Unit and of your
question regarding the Board of Directors' approval that you be allowed to enter on a
part time basis.
The paragraph that you are referring to was meant primarily to allow the Board of
Directors to make determinations on continued participation if an agency, having
previously assigned full time personnel to the Unit, attempted to reduce their
participation by changing the full time status of their personnel to part time. As you
see in the Agreement, full time participation is a must if an agency is to receive any
portion of seized assets(should there be any). This was intended to apply to agencies
who were already Participating Agencies.
The actual authority to participate lies within the Interlocal Agreements themselves. If
you were not allowed to participate, an Interlocal Agreement would not have been
written and submitted.
That having been said,the Board of Directors were queried in telephone conversations
during the first week of December of 1994. All were in agreement to allow Southlake
to participate on a part time basis. At that point,I was asked to prepare the Interlocal
Agreement that was sent to your agency so your city could enter the Northeast Street
Crimes Unit.
If this letter does not fully address your concerns, I would suggest a conference call
between Bobby Whitmire, you and me so that I can fully understand whatever
conversation(s)were had with him.
Sincerely,
i
Tom Shockley
Assistant Chief of Police
Operations Bureau
7301 Northeast Loop 820 P.O.Box 820609
North Richland Hills,Texas 76182-0609 USA
(817)581-5550 FAX(817)656-7512
L
Xorcity of
th Richland Hills
(ow Police Department
Jerry L.McGlasson
Chief of Police
January 10, 1995
Director Gary Gregg
Southlake Police Department
667 North Carroll Avenue
Southlake,TX 76092 PDL#01/95/012
Dear Gary:
Enclosed with this letter you will find a document amending the Street Crimes Unit Interlocal
Agreement that was originally entered into by Watauga, Richland Hills, Haltom City and North
Richland Hills. The amendment adds the City of Southlake as a participating member.
This iteration of the Interlocal Agreement has no other changes to its wording other than adding
Southlake to the language within the document. There are five original copies of a signatory page,
that North Richland Hills has already signed, that will be sent to each of your agencies once the
Agreement has been authorized by your Councils or City Administration.
(hoeThe signatory page will be kept here until I hear from each of you upon passage of the Interlocal and
I will then forward all five originals to each of you, in turn, so we do not have several documents
floating around waiting to be signed.
Once the last agency signs the signatory page, I will make sure that each of you gets an original.
If this is not satisfactory for any reason, please contact me as your earliest convenience.
Sincerely yours,
4.21737CP/Stga
Tom Shockley
Assistant Chief of Police
Operations Bureau
L
7301 Northeast Loop 820-North Richland Hills,Texas 76180
P.O.Box 820609-North Richland Hills,Texas 76182-0609
Business Telephone(817)581-5550-FAX(817)656-7512`
STATE OF TEXAS ) INTERLOCAL AGREEMENT
) GOVERNING NORTHEAST STREET CRIMES UNIT
COUNTY OF TARRANT ) (ADDING CITY OF SOUTHLAKE)
This Agreement, made and entered into by and between the City of Haltom City, a municipal corporation,
located in Tarrant County, Texas, hereinafter called "Haltom City," the City of Richland Hills, a municipal
corporation located in Tarrant County, Texas, hereinafter called "Richland Hills," the City of Watauga, a
municipal corporation located in Tarrant County,Texas, hereinafter called"Watauga",the City of Southlake,
a municipal corporation, located in Tarrant County, Texas, hereinafter called "Southlake," and the City of
North Richland Hills, a municipal corporation, located in Tarrant County, Texas, hereinafter called "North
Richland Hills,"evidences the following:
WHEREAS, The Interlocal Cooperation Act, Texas Government Code Chapter 791, provides authorization
for any local government to contract with one or more local governments to perform governmental functions
and services under the term of the Act;and
WHEREAS,North Richland Hills,Haltom City, Watauga, Southlake and Richland Hills desire to enter into
an Agreement at the request of North Richland Hills for the formation of a"Street Crimes Unit"whose formal
name.shall be the Northeast Street Crimes Unit,hereinafter called"Unit,"and.
WHEREAS,the Agreement shall provide extraterritorial law enforcement jurisdiction to police officers from
each of the aforementioned cities within the corporate city limits of North Richland Hills, Haltom City,
Watauga, Southlake and Richland Hills for the purpose of investigating and enforcing violations of any
criminal law;and
(ine, WHEREAS,the Agreement shall provide equal access to the Northeast Street Crimes Unit by all participants
of this Agreement;and
WHEREAS, any seized assets, with the exception of motor vehicles, shall be divided among the agencies
with a full time officer assigned and the divided proceeds shall be based on the number of personnel an agency •
has assigned to the Northeast Street Crimes Unit on a full time basis. Any agency having personnel assigned
on a"Part Time"basis shall not participate in the division of forfeited assets;and
WHEREAS, seized motor vehicles shall be distributed among the agencies on a rotation basis which will
initially be determined by a random number drawing among those agencies who having personnel assigned to
the Unit on a full time basis. Once the rotation has been established; any seized motor vehicle shall be
available to the city that is first on the list and whether the city exercises it's selection and possession of the
vehicle or not it shall move to the bottom of the selection list. If the agency receiving the seized vehicle
auctions the vehicle at a later date per State law, the funds obtained through said auction will remain the
property of the agency which auctioned the vehicle;and
WHEREAS,No additional revenues are necessary to provide this service at the time of this Agreement;and
WHEREAS, it is mutually advantageous to•all parties to enter into the arrangement evidenced by this
Agreement;
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5C-�o
NOW, THEREFORE, the parties in consideration of the terms and conditions contained herein, agree as
follows;
(...„ The responsibility of each government entity is outlined as follows:
Participating Agencies hereby agree:
1. To empower officers of the participating cities, whether assigned to the Unit on a full or
part time basis, with extraterritorial jurisdiction, thereby allowing them to exercise
investigative, detention and arrest powers granted under the Texas Code of Criminal
Procedure in all of the cities who are parties to this Agreement regardless of the origin of
the officers' city of employment.
2. To limit the extraterritorial jurisdiction to officers assigned to or assisting the Northeast
Street Crimes Unit with investigative or enforcement actions regardless of normal
assignment.
3. To create and maintain a database of people suspected of being involved in gangs or
other criminal activity and to make the database available to each of the cities
participating in the Unit.
4. To make every effort to cooperate with other similar units in the greater Fort
Worth/Dallas area.
5. That this Agreement establishes a Board of Directors who shall exercise regulatory
control over the Unit and its operation.
6. That the Chief of Police, or their designee, shall be a Member of the Board of Directors
of the Northeast Street Crimes Unit and shall be entitled to a single vote on matters
concerning the governing of the Unit.
7. That this Agreement must be specifically authorized independently of any other
Agreement. Should any other city department of any of the participating municipalities
enter into any future Interlocal Agreements regarding law enforcement or investigations,
this Agreement must specifically be repealed if any conflict is found to exist. This
Agreement shall serve as the prevailing Agreement regarding the investigation and
enforcement of criminal laws by the Northeast Street Crimes Unit.
8. That arrestees who are in the custody of the Northeast Street Crimes Unit shall be jailed
in any of the participating police facilities regardless of"home jurisdiction" as deemed
appropriate by the Unit. Considerations of where juveniles are to be detained or adults
are to be confined shall be made for such factors as proximity of the facility to the arrest,
safety of the prisoner,or numbers of prisoners that must be confined or detained.
9. That each agency participating in the Unit shall assign one or more officers to the Unit as
their principal duty. If this cannot be done, it shall be the decision of the Board of
Directors whether they wish to allow agencies to participate in the Unit by assigning
members on a part time basis or for other reasons deemed appropriate by the Board of
Directors.
5e- 7
II.
Participating Agencies each authorize the provisions described in this Agreement.
It is understood by all parties that the intent of this Agreement is to provide an organized, well coordinated
flexible unit for the purpose of investigating crimes; providing lawful surveillance of suspects; and, enforcing
laws in areas involving juvenile crime,gang activity, organized criminal activity or other violations of the law
requiring the attention of the Unit.
IV.
Each City does hereby waive all claims against and agrees to release every other City, its police department,
officials, agents, officers and employees in both their public and private capacities, from and against any and
all claims, suits, demands, losses, damages, causes of action and liability of every kind, including but not
limited to court costs and attorney's fees which may arise due to any death or injury to any person, or the loss
of,damage to, or loss of use of any property arising out of or occurring as a consequence of the performance
of this agreement whether such injuries, death or damages are caused by the sole negligence or the joint
negligence of any City, its officials, agents, officers and.employees. It is the express intention of the parties
hereto that the waiver and release provided for in this paragraph includes claims arising out of such other
City's own negligence,whether that negligence is a sole or a concurring cause of the injury,death or damage.
It is expressly understood and agreed that, in the execution of this Agreement, no City waives, nor shall be
deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims
arising in the exercise of governmental powers and functions.
V.
This Agreement shall be in full force and effect when signed by participating agencies on an individual basis.
This Agreement shall remain in full force and effect,on an individual basis,until terminated by any party with
thirty days written notice to the others or until all parties mutually agree to change or modify the terms of this .
Agreement.
VI.
Agencies participating in this Agreement shall be signatories to this document on an accompanying Signatory
Page.
VII.
The basic Interlocal Agreement and the Addendum shall be read and construed together for agencies who have
agreed to an earlier form of this Agreement. If a conflict exists,the later approved document will govern.
C
J5'e-8
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City Manager Date . City Manager Date
ATTEST: ATTEST:
City Secretary City Secretary
Chief of Police Chief of Police
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ATTEST: ATTEST:
City Secretary City Secretary
Chief of Police Chief of Police
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City Manager Date
ATTEST:
City Secretary
Director of Public Safety
This Addendum is executed on February 1, 1995.
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`5c- 9
City of South lake, Texas
MEMORANDUM
February 2, 1995
TO: Curtis E. Hawk, City Manager
FROM: Kim McAdams, Park Project Manager
SUBJECT: Consider Addendum #1 to the Joint Utilization Agreement
Feasibility & Construction of the CMS Gymnasium/Recreation Center
and Construction Update
CISD School Board approved addendum #1 to the Joint Utilization Agreement, Feasibility &
Construction of the CMS Gymnasium/Recreation Center. The change includes increasing the
budget to the gym construction cost, architectural fees and contingency to the level approved by
SPDC and City Council when the bids were awarded. Addendum#1 is ready for consideration
by the City Council.
CONSTRUCTION UPDATE
The contractor has been given permission to resume work as of January 27, 1995. The foundation
was redesigned by SHW structural engineers, from a pier foundation to a footing foundation with
an additional site excavation of approximately 18" of soil. Soil testing showed that compaction
requirements could not be met with the existing design.
The contractor priced the design change and found that using the footings instead of piers was a
deduction of$23,979. And by removing approximately 18" of silty-sand and replacing it with
select fill material was an addition of$22,822. This gives the project a total credit of$1,157.
The city has sought a second structural engineer's opinion of the redesign of the foundation by
SHW. Wilson (Joe) Bergeron, P.E., with Huitt-Zollars, Inc. of Fort Worth, has reviewed the
construction documents, specifications, soil test reports and redesign of.SHW. He concluded that
the new design is structurally sound. His report is attached for your review.
The contractor has lost six weeks to this delay and rain. He will be requesting an additional six
weeks on his contract, which will move the substantial completion date to mid-August 1995.
Should you have any questions please contact me at extension 757.
5d-,
L
TPM.
Total Program
Management, Inc.
January 27, 1995
The Ridgemont Company
2323 E. Loop 820 N.
Fort Worth,Texas 76118
Attn. : Mr.Willie Lehrman
Ref. : Carroll I.S.D. Middle School Gymnasium
Dear Mr. Lehrman : •
As discussed in our phone conversation this morning, we are prepared to proceed and resume activity on the
above referenced project. We have reviewed the price revisions (PC-4A, PC-8A & PC-8B) and discussed these
options with SHW Group, Carroll I.S.D. and City of Southlake representatives. Please proceed with the following
items:
PC-4A Revise foundation per Drawing S3.5F(dated 1/19/95) $ -23,979.00 (deduct)
PC-8B Remove soil (+/- 18") under Gym and replace with select $ 22,822.00 (add)
fill per SHW sketch (dated 1/16/95)
(or'
Net Change $ 1,157.00 Credit
The appropriate documents to handle the Credit and the additional days requested will be prepared and
forwarded to you as soon as possible. -
We appreciate your patience and cooperation in the resolution of this matter. The Ridgemont Company has
shown that they are "team players" and we look forward to a very successful project. If you need any additional
information on this issue please let me know.
Sincer y,
Warren Anderson
Associate
cc: SHW Group Kyle Bacon
Carroll I.S.D. - Bill Branum
Southlake- Curtis Hawk •
Southlake- Kim McAdams
File
128 E.Texas St. 1812 Welsh,ste.I30C 163 S.Main,ste.A 5511 Parkcrcst Dr. N207
Grapevine,Texas 76051 College Station,Texas 77840 Keller.Texas 76248 Austin,Texas 78731
(817)488.7732 (409)693-5650 (817)431.1129 (512)454.2580
fax(817)488-9708 fax(409)693-6996 last 817)431-1583 fax(512)454-2630
, 02/02/95 16:39 HUITT—ZOLLARS, INC i 817 488 6796 NO.445 P002
H UITTZ LIARS
Hutt-Zorar%Inc./Engineering I Architects/$12 Mein Street I Suite 1500/FOR Worth,Texas 76102 I Phone(817)3353030 I Fax(817)335.1025
February Z 1995
City of Southlake,Texas
667 North Carroll Avenue
Southlake, Texas 76092
RE: FOUNDATION REVIEW FOR
CARROLL MIDDLE SCHOOL GYMNASIUM
To Whom it may Concern:
At the request of Ms. Kim McAdams, Park Project Manager for the City of Southiake,we have
reviewed the foundation plans for the proposed gymnasium at Carroll Middle school.
This portion of the project, located at the southeast corner of the existing school building,
consists of a gymnasium connected to the existing structure by two rooms and corridors.
According to the site plan,the existing grade varies from elevation 99.0 near the old building to
approximately elevation 93.6 at the east wall of the proposed gymnasium. The proposed finished
(11 floor elevation is at elevation 100.0. The perimeter walls for the gymnasium are proposed to be
concrete masonry (CMU) walls having a height of 27'-10". The CMU walls for the connecting
structure are proposed to be 15'-6 1/2" high. The roof for both sections of the structure is
proposed to be constructed using bunt-up tooling over insulation and metal deddng. It is
supported on steel joists which bear on the CMU walls.
The original geotechnical report recommended that the structure be founded on drilled piers.
Evidently that system was found to be too expensive for the project, and the alternative of
founding the building on spread footings was proposed by the project architect,The SI-lW Group.
The revised foundation plans call for the wails to be supported on a continuous spread fooling
and grade beam. The width of the footing for the east and west walls of the gymnasium is
shown to be 4'-0", and 7-6 for the north and south walls. Individual spread footings are
provided under the floor in the corridor area and near the existing building. Details for the
footings require that the existing soil under the footings be over-excavated a minimum depth of
2'-0"below the bottom of the footing and replaced by compacted select fill. The floor in both the
gymnasium and the connecting area is a concrete slab placed directly on compacted select fill.
Using the spread footing design depicted in the plans, the resulting loading applied to the
compacted fill material is estimated to be about 1650 pounds per square foot(PSF) based on
combined dead and live loads. The un-dated Addendum to PSI Reports Numbered 342-45111
and 342-451 1 1-1, recommends a maximum allowable bearing pressure of 2000 PSF for the
• combination of dead and live loading.
•
Deltas/FOrt Worth/Houston/f lWenix I Orange County
5d-3
bd/02/ b 1b:40 HUITT-ZOLLARS, INC a tit( 468 b( b NU.44U rOLL)
•
City of Southlake, Texas
February 2, 1995
Page 2
In our opinion,the original foundation design using drilled piers Is the best system for the project,
but in view of the difficulties encountered and additional costs arising from the implementation
of that system at this site,we feel that the use of a spread footing on compacted fill is a workable
alternative. Because of the requirement for overexcavation,there will be several feet of fill needed
in some areas;therefore,compaction of that fill material will be critical to the performance of the
foundation. We recommend that all of the recommendations of the gootechnical engineers in
regard to the classification, gradation and compaction of the fill material be followed exactly.
Our review of this project is based on the content of documents furnished by the City of
Southlake and Professional Service Industries, Inc., and is limited to an evaluation of the
suitability,to this project,of the proposed alternative foundation system. It does not include any
physical testing of any of the materials or any analysis or design of any of the structural
components of either the foundation or the building superstructure.
Thank you for the opportunity to assist you in this matter. If you need further assistance or
require additional information, please call us.
Sincerely,
HUfTT-ZOU.ARS,INC.
(we U ,.
Wilson Bergeron, R.E.
Civil Engineer
WB/it
cc: Joe Craddock, P.E. -SI-lW Group, Inc.
Timothy McKay, P.E. - PSI, Inc.
��. rF't-
k? * t+
WILS id ZERGERON
.9:, 42715 'w
Gut►:�E:. 4.` sv
At" "ISTER.eir
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Zit 146
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ADDENDUM #1 TO
(mr" JOINT UTILIZATION AGREEMENT
FEASIBILITY & CONSTRUCTION
CARROLL MIDDLE SCHOOL GYMNASIUM/RECREATION CENTER
WHEREAS, the City and the District have entered into an Interlocal Agreement for
Feasibility and Construction of Carroll Middle School Gymnasium/Recreation Center, which
approves an amount for construction not to exceed $500,000, and;
WHEREAS, the City Council approved a bid of up to $726,056 for construction of the
Middle School Gym at the regular City Council meeting of Tuesday, November 1, 1994, and;
WHEREAS, the Carroll Independent School District Board approved a bid of$723,835
for construction of the Middle School Gym at the regular School Board meeting of November
7, 1994, and;
WHEREAS, architectural fees of 6.25% and an approximate 7% contingency allowance
for change orders result in an estimated cost of construction of$820,000;
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
1.
The District and the City hereby agree to amend the original agreement, Section 3, to
read "The City shall pay to the District an amount not to exceed $820,000 for costs of the
gymnasium/recreation facility."
Executed this day of , 1994 in Tarrant County, Texas.
CITY OF SOUTHLAKE
By:
Mayor Gary Fickes
ATTEST:
City Secretary
Jets*
CARROLL INDEPENDENT SCHOOL DISTRICT
By:
President, Board of Trustees
ATTEST:
Secretary, Board of Trustees
c:\wpfdes\juc\feascon.add December 12,1994
C
2
'= City of Southlake,Texas
MEMORANDUM
January 30, 1995
TO: Curtis E. Hawk, City Manger
FROM: Shana Yelverton, Assistant City Manager
SUBJECT: Proposed Changes to Park Use Policy
Attached you will find a copy of the park use policy, with revisions recommended by the
Southlake Parks and Recreation Board. The cover memo from Kim McAdams, Park Project
Manager outlines the proposed changes as presented to the 'Park.Board. This item is being
forwarded to you for inclusion on the City Council's agenda for February 7, 1995.
In addition to the changes noted on the redline/strikeout copy of the park use policy, the Park
Board discussed the associated fees. They will be looking at these fees during budget
deliberations and may forward a recommendation to change the fees at that time to more
equitably charge for regular/special activity use.
Please let me know if you have any questions about the proposed changes to the park use policy.
itr%
SKY
City of Southlake,Texas
MEMORANDUM
February 3, 1995
TO: Curtis E. Hawk, City Manager
FROM: Kim McAdams, Park Project Manager
SUBJECT: Consider Park Use Policy Revisions
After several months of staff review and Park Board discussions, the Parks & Recreation Board
on January 9, recommended the attached Park Use Policy revisions. The policy includes all of
the new facilities coming on line with the Bicentennial Park expansion and clears up any
misinterpretations of the existing policy.
A redline/strikeout draft of the policy is attached. The base policy is the existing policy approved
by City Council on November 17, 1992. The major changes in the proposed Park Use Policy are
defining residents use instead of non-profits, which have cause legal problems for other
communities; defining what a regular meeting entails; and that park facilities are not available for-
profit or commercial uses, only for public uses, community benefits and not-for-profit uses. The
attomey's comments have been added to this,final draft.
The Parks & Recreation Board recommends consideration of the revisions of the Park Use Policy
to the City Council.
G% -
KM
L
PARK USE POLICY
; �6d t . @W ! € t i� B( ora, 3 C ,r)
«.
1! 'IZOT71- "i ) a '' o- �i�(.5 1 s ! r> > „ +lla t r c €c;die,,
For information and reservations o:y call 481-5581 ext. : ` • or write to
the City '- e - - i t ; e 3 , City IIall, 667 N. Carroll Ave.,
Southlake, TX 76092.
DEFINITIONS:
For the purpose of this Park Use Policy,
defined as:
1. Non profit organization
a. An organization holding a valid non profit charter approved by the State of Texas
15' �..�z�� -�, ! Btb`i �� �'.., ?O‘ib ! 0lG !i0 1,, 0 t���0)k 0 .4
27 Coordinator
coordination
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FACILITIES AND FEES:
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I. The Lodge in-the-Park and Community Building 9OhttrT
1. Thc Lodge and individual rooms in the Community Building may be
sel3eduling7
speeial-aetivities-en-a-ftrst-eorrte-basis-at-a-rate-of-S•1-5700-per-roont per-hour
Coordinator.
1 @ �", #,•aC �
'�6 ' ti€ � C4� x € p 'E }€ � $ cam-.„: a ' n``
ittaila
(hirrir" An annual fee ofG 00
is to be paid prior to the first usage of the facility
year-by-October-1. A list of regular meeting dates must be submitted with the
ad fee.
A security deposit of$39439 �;f E ! ,L.!,€ E € 3 is required
at the time of -: • • € °N € • E • • 'E-.nd may be left
on file for the duration of the regularly scheduled meeting dates. The security
deposit will be refunded if the facility has been left clean and in order, and all keys
issued are returned to `' .' a� �,=: or police3ispatch at
City HallelEa • E� €iE € € . E � . E
'111
1: ��6�,,. ��. �. !;4,, )
No group or individual may reserve the Whe Lodge or Community Building
Fez for regular meetings from 4:30 pm on Friday to 12:00 midnight Sunday.
B. Other citizens or groups.
1. Thc Lodge may be reserved for functions such as family reunions or
5E-V
•
•
(raw.
•
•
•
•
•
•
2. A security deposit of$50.00 is required with the reservation. This deposit
1)1
' "AliJ _{ � gy g( e® eft .. p' t . J'', Itt t"Cc tT zp ;,.', �'£ a r�1p,, .,. R €;
• r ,..._ - -- since e'at .�t o l �s�s tc{a; 't *;;
`� t reserved on a first-come basis only, and reservations
cannot be made more than six (6)days d "qm in advance. No group or individual
may use the facility for more than three (3) consecutive weekends, not to exceed
twelve (12) weekends in a fiscal year.
s'y'E,` F €` fr 6; a�''9/ C'1€?FA gi.` `4 C A C. °1a 10E `., 1,y •')Hr— ,?:")t1_i,,wa.# € v', ...,
4 1 0 C C G 4 tL :.i �1, .z:A€t Ry § €s AV, i 6® 1€„ gr €1 4).° 1. -
tY a `10Tt '. l tS .' qpi(S' 11'ty: 6 I.. . t. 6''E „= 10t"6,,,. 1 ,ttt:_12 : '`. ..j.--:''.tl:
461 5 t a c . 7 re--1i s' ' Or Y 9 C €t , e ! � $ 1- a t i G@
fi
(kW' '"''''' - ' 1 1:' 14i kz)11;W.t , --, -,
t � [ r.0" a, -E'(E O E` •• ,°C j #4 t 0 ram+,e.rtTt rapt NO F,
•
•
the Parks and Recreation Board.
. < . t ® t n e W tt 1 t t t . e€ t ® € t t ) ® t t p ,—
t " , 't ' k0 " „4§ 0 � '. ' n ,.€ - . „ G ' ,,;,:C 1, i tP.µ°ivkl ii8' .
r, 0E 00 00 0 0 0r. ° , t 0 t t )10 , .it'M . v 0 LSin,t
t ,t a 'e ' t; `4f t c " a • s a s { `.,1 F a{jes
1 Spe "` t t °' ttllartath sown
a1' ` ems+" €'-`it' i t.:; I,% q . t
TV/VCR '.{° . ?` ' ° ..!•: `,
wheels—is s available for a fee of $5.00 per use " t .�t= ,,
t The request for the use of the TV/VCR equipment must be submitted
L.
with the facility use request.
" Schedulingnd c . iI1WilildifigOshall be locked when not in
use.2—The keys will be available and can be obtained from the Coordinator '`k_
'° R , og° or police Mispatch at City Hall.37 Access to The Lodgc or to
'• S is limited to the scheduled group when
meetings are in session.47 Access to bui1, is
controlled by %`. in. Multiple activities and/or
groups may be scheduled•at "the same time. No group may schedule the
Community—Building ' or a use that precludes the use of the other
available meeting rooms.5. If thc facility is not lcft clean and in proper ordcr (as
.
.-fi 4a ,04,?] ]..Act, itolv.y ffi ser's negligence or the
negligence of guests, invitees, etc. Payment of the security deposit does not
release the user of the facility from responsibility for damages. Any user found
in violation will not only forfeit the security deposit, but may be denied further use
of the facility.
II. $allfields ,` s''
allfields `rc is � and i�e� 1dsfaaze available to the citizens
of Southlak . Groups outside the
City will be given consideration on an as available basis. The Southlake Baseball
Association, Southlake Girls Softball Association, 0 virieSitliake
and any activity sanctioned/sponsored by the City of Southlake shall be exempt from-the
€ol o ing fees. a � bl : it ' Park*
A. Lighting Pccs.
1. Field#1 is a tournament size, lighted field and Field#2 and#3 arc smaller,
B. Field Prcparation Fees.
1. If Bicentennial Park personnel arc requested to prcparc thc ballficlds for
in advance: Wcckday games: $25.00
Weekend games: $37.50
HI. Concession Stands.
L
5E-6
The City of Southlake may have a contract granting a particular vendor exclusivity.
Residents and non-residents may request use of a concession stand Ntt i €
4 412A t .' ' Ee`! aA[ �'' ii' a Byye� .a
��..: t Y a 0 i t �`5t`t ,4�!.• t Q _flOrganitations-shottld-eheek-with-C-ity-staff--with
staff before-pr enema T1 t least one adult
ni present in the concession stand while it is open.
IV. Tennis Courts a�t� �` � � � l� o i "Y
Use of the tennis courts
ill be on a first-come basis.
for one hours - •.;
. ems--raekcts 'E 4- ! a ay be rented from th '
V. Pavitialif
P tt )ttt � i t �� t t fl s e .i- c ! a st r! t fll€t! fl
'ttCtiE. •S •$jr P�Lt a, '. tt€ ?
flt � J,, ittr14
.x:: d o ,. "xti sit•;�. .. ",
? �" � r -�.�
fl fl,�t - B� {E'2€a le. 9 ffi E p � k' / g la p ', i ! `# ! �G 4 t 6k� ;�S �"'� 10 °ik-
Op t c ! • &t ! .tit ..m t0 m
VI. Overnight Park Use.
The park may be reserved on an overnight basis subject to approval by the City Council.
In deliberating the merits of the use, the Council shall consider the factors outlined in
Zoning Ordinance #480, Sec. 45.5. Council shall specifically consider the length of time
for the use, any fees or deposits to be charged and security to be provided.
VII . Insurance Requirements for Specific Activities.
Any organization-eft:4i association that desires to utilize the athletic fields belonging to the
City of Southlake for the purpose of establishing an organized program of athletic
competition, such as soccer leagues, softball leagues, little leagues, or other comparable
activities on a continuing basis for structured athletic competition shall be required to
provide proof of insurance. Such organizations shall have a general liability policy,
naming the City as additional insured, in an amount of at least one million dollars
($1,000,000) with such policy specifically designed to cover the cost of defense and of
liability for injuries suffered by competitors in the organized athletic activity.
Organizations subject to this provision shall be required to deposit proof of insurance in
a form acceptable to the City Manager with the City Secretary prior to commencing use
of City athletic fields.
5E-7
The requirements set out above are designed and intended to be applicable only to formal
(se organizations and leagues who sponsor and control organized continuing athletic activities
on a seasonal basis. The insurance requirement is not applicable to individual citizens or
groups of citizens who desire to use athletic fields on a one time basis. The purpose of
this regulation is to protect the City against any costs which might arise from an organized
program of league activities with its increased risk of competitor injury due to volume of
activity.
6_31 b �00� ' lita)9 £E � 601 Y @ d § ""Pt... J l'em'
<�➢':��', '. � mow, .
IX. Alcoholic Beverages.
►� o of14.01.5 ht 1 6'KO f 67 e a V °
3 ; 1 '® of 9,3 r ,�. . °
(sae itTand-agree-te-follevc-all-preeeditrear twalieiesr antl-restrietiens-as-set-ferth-imthe-Park-Use-Perlier-
All pertincnt ordinances of the City of Southlakc will be adhered to as part of this lease
Organization
Datc
Printcd name
Signaturc
c: WPDOCS\policyl.use\Park Board recommended 1-9-95/ 1-25-95.km
L
�}r - 8
1
City of South lake,Texas
MEMORANDUM
February 3, 1995
TO: Curtis E. Hawk, City Manager
FROM: Karen P. Gandy, Zoning Administrator
SUBJECT: ZA 94-123 Rezoning Request/Ordinance No.480-154
REQUESTED ACTION: Rezoning for 1.4065 acres situated in the Samuel Freeman Survey,
Abstract No. 525,Tract 3B2
LOCATION: Northwest corner of E. Southlake Blvd. and Bluebonnet Drive
approximately 250' East of the intersection of Short Ave. and E.
Southlake Blvd., at 2320 E. Southlake Blvd.
OWNER: Mrs. Belle Lidster
APPLICANT: Hanover Development Company
CURRENT ZONING: "AG" Agricultural
REQUESTED ZONING: "C-3" General Commercial District
LAND USE CATEGORY: Mixed Use
NO.NOTICES SENT: Eight(8)
RESPONSES: No written responses received
P&Z ACTION: October 20, 1994; Approved(7-0)ZA 94-123 Rezoning Request
COUNCIL ACTION: November 1, 1994; Approved (6-0-1) to table ZA 94-123 to the
January 17, 1995 City Council meeting.
January 17, 1995; Approved (6-0-1) First Reading, Ordinance No.
480-154
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MAP OF
A TRACT OF LAND IN THE
SAMUEL FREEMAN SURVEY
ABSTRACT NO. 525
CITY OF SOUTHLAKE, TARRANT COUNTY, tEXAS.
I SEE ACCOMPANYING DESCRIPTION)
•
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'p.
/�P
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n JAMS N.• !RANGES ANGIE tNNfRET
M',•+�' rot_an; n.a r.a.o.n.
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<RE • dAYEl HENRY\.w A.•IMFREY + ^V =
roL an ap T.C.s.n. _./' c)
O_r�3
n'\ BEGIN `01
$jS' DESCRIPTION w
i yr m
r': N 9.00'40'E, I 346.82� ,334.7.1 "• Q
'•(CALL !Sl�O{•M ITS.O1
•
(EAST IES MS.) • Q
O • I
h
1
dI
sOOO le CONNER MY to SELLS LIDITEN \ /� METAL I
‘!' reN ER A bee. .. .i BEL.m•, w.ea. BUILDING-rUJ
(TRACT II ct 3 j 7 E e.L•. �` /� 0 Cr
FUTURE • ( ' ) y / �K 0
Kimmmu, val.NIL 211.1182.
ROAD y CO
/ MD
u.w� .
(•
b •O s `� ��. FRAME 6/,?66 Sp. FI. eF�NEt� N r W
(N cwoa�, a.oa.. 2 NT BUILDING� /.4065 Acres 5 z
?•�R R. !_�t7' eat FRAME — O
to.,,j ( e=N) -•yl R./$ • CARPORT ' m
T4.e6e FRAME a::Z
I...m/4g t0.merwrt RESIDENCE O g CC)
BE O `
'r'rE oR , f"H �0•4s•"ter y '
NORTHf., - N (N,« /3,se �
SCALE—
• `MqR •!N •'
1••40 U kFT /3,•3 ,
//3 H/Gy .,• ;DAS Ems,
oe H'AY D
tR ,
•
I hereby certify that the surety•a►hereon and the l�oA Mt ,NE
acco•panyle9 description depict and describe the results of RO,O
a surrey made on the ground,under my soparrlslor,e(the
O. property depicted and described,and that this pap shoes all
I.A. apparent easements located by surrey: Apparent Intrusions
CoAed•pretrrs Ions Across boardary lines are depicted as
EEl d•termined by surrey; no Portion or the subject property _
L.
'?A-4
CITY OF SOUTHLAKE,TEXAS
ORDINANCE NO. 480-154
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS
AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF
THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING
CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING 1.4065
ACRES SITUATED IN THE SAMUEL FREEMAN SURVEY,
ABSTRACT NO. 525, TRACT 3B2, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL TO "C-3" GENERAL COMMERCIAL
DISTRICT; SUBJECT TO THE SPECIFIC REQUIREMENTS
CONTAINED IN THIS ORDINANCE; CORRECTING THE
OFFICIAL ZONING MAP; PRESERVING ALL OTHER
PORTIONS OF THE ZONING ORDINANCE; DETERMINING
THAT THE PUBLIC INTEREST, MORALS AND GENERAL
WELFARE DEMAND THE ZONING CHANGES AND
AMENDMENTS HEREIN MADE; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFBCTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9
of the Texas Local Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential and other purposes, and to
amend said ordinance and map for the purpose of promoting the public health, safety, morals and
general welfare, all in accordance with a comprehensive plan; and
WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural
under the City's Comprehensive Zoning Ordinance; and
WHEREAS,a change in the zoning classification of said property was requested by a person
or corporation having a proprietary interest in said property; and
WHEREAS,the City Council of the City of Southlake,Texas, at a public hearing called by
the City Council did consider the following factors in making a determination as to whether these
changes should be granted or denied: safety of the motoring public and the pedestrians using the
(sr
G:\ORD\ZONING\480.154
Page 1
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,
(hipe 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:
(or
G:ORDAZONING1480.154
Page 2
el A-6
Being a 1.4065 acre tract of land situated in the Samuel Freeman Survey, Abstract
No. 525,Tract 3B2,and more fully and completely described in Exhibit "A" attached
hereto and incorporated herein,from"AG" Agricultural to "C-3" General Commercial
District.
Section 2. That the City Manager is hereby directed to correct the Official Zoning map
of the City of Southlake, Texas, to reflect the herein changes in zoning.
Section 3. That in all other respects the use of the tract or tracts of land herein above
described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all
other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections,
subsections,paragraphs,sentences, words, phrases and definitions of said Zoning Ordinance are not
amended hereby, but remain intact and are hereby ratified,verified, and affirmed.
Section 4. That the zoning regulations and districts as herein established have been
made in accordance with the comprehensive plan for the purpose of promoting the health, safety,
morals and the general welfare of the community. They have been designed, with respect to both
present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to
lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land;
to avoid undue concentration of population;and to facilitate the adequate provision of transportation,
water,sewerage,drainage and surface water, parks and other commercial needs and development of
(kipie 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 fmed 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
L accrued violations and all pending litigation, both civil and criminal, whether pending in court or not,
G:\GRD\ZON I NGN 80.154
Page3 ����
under such ordinances,same shall not be affected by this ordinance but may be prosecuted until final
(iw, disposition by the courts.
Section 9. The City Secretary of the City of Southlake is hereby directed to publish the
proposed ordinance or its caption and penalty together with a notice setting out the time and place
for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and
if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any
of its provisions, then the City Secretary shall additionally publish this ordinance in the official City
newspaper one time within ten(10)days after passage of this ordinance, as required by Section 3.13
of the Charter of the City of Southlake.
Section 10. This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the day of , 1995.
MAYOR
ATTEST:
Coe
a .
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 1995.
MAYOR
A i"1'EST:
CITY SECRETARY
(re
O:\ORD\ZONING A80.154
Page 4
'1a- 2
APPROVED AS TO FORM AND LEGALITY:
L
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
L
L
G:1ORD'ZONRJG1480.154
Page 5
n�_ql
•
EXHIBIT "A"
L
SITUATED in the City of Southlake, Tarrant County, Texas, and being a tract of land
in the SAMUEL FREEMAN SURVEY, Abstract No. 525, and being a portion of that certain
tract conveyed to Belle Lidster by deed recorded in Volume 1768, Page 84, of the
Tarrant County Deed Records, and said portion being more fully described as follows:
BEGINNING at a 1/2" iron rod found in place near a fence corner for the northwest
corner of said Lidster tract, and the southwest corner of that certain tract conveyed
to James Henry L. and Frances Angie Winfrey by deeds in Volume 4727, Page 241,. and
Volume 3474, Page 593, of said Deed Records , said point being by description 302.2
feet East and 129.3 feet North of the southeast corner of the Thomas Mahan Survey,
Abstract No. 1050;
THENCE North 89 degrees , 00 minutes , 40 seconds East (East , 125 varas by Lidster
deed; S 89° 06' W per Winfrey deeds) with the north line of said Lidster tract and
the south line of said Winfrey tracts, 346.82 feet. to a 5/8" iron rod found in place
for corner in the west line of Bluebonnet Drive (variable width right-of-way);
THENCE South 1 degree, 10 minutes, 05 seconds West with said west line of Bluebonnet
Drive, 239.60 feet to a Texas Department of Transportation monument at the point of
intersection of said west line of Bluebonnet Drive with the northerly line of State-
F. M. Highway 1709 (130 foot wide right-of-way at this point) , said point being the
northeast corner of that certain parcel conveyed to the State of Texas by deed
recorded in Volume 9816, Page 560, of said Deed Records;
LIENCE North 70 degrees , 47 minutes , 10 seconds West (base bearing from Texas
partment of Transportation and State of Texas deed, N 70°47 ' 12" W, 213.73 feet)
with the northerly line of said State of Texas tract and said F. M. 1709, 213.68 feet
to a Texas Department of Transportation monument found for the beginning of a curve
whose center bears South 19 degrees , 14 minutes West, 1974.86 feet;
THENCE .northwesterly with said curve, continuing with said northerly line of State of
Texas tract and F. M. 1709, a distance of 145.23 feet (per State of Texas deed) to a
5/8" iron rod set for the northwest corner of said State of Texas tract at the point
of intersection of said northerly line of F. M. 1709 with the west line of said
Lidster tract and the east line of that certain tract conveyed as Tract I in deed to
Conner Lam recorded in Volume 6462, Page 380, of said Deed Records , and also i-n deed
recorded in Volume 8118, Page 1155, of said Deed Records;
THENCE North 0 degrees , 38 minutes , 30 seconds West (North per Lidster deed; S 0°54'
E per Lam deed) with said west line of Lidster tract and east line of Lam tract,
120.50 feet to the PLACE OF BEGINNING , and containing 61 ,266 square feet (1.4065
acres).
O:1ORDZONING14 80Lie .134
Page 6
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City of Southlake,Texas
MEMORANDUM
February 3, 1995
th'' f
TO: Curtis E. Hawk, City Manager
FROM: Karen P. Gandy,Zoning Administrator
SUBJECT: ZA 94-124 Rezoning Request/Ordinance No.480-155
REQUESTED ACTION: Rezoning for 3.726 acres situated in the Samuel Freeman Survey,
Abstract No. 525, being a portion of Tract 1 of the W.E. Mayfield
Subdivision
LOCATION: Northeast corner of E. Southlake Blvd. and Bluebonnet Drive
approximately 700' East of the intersection of Short Ave. and E.
Southlake Blvd.
OWNER: Jimmy R. Parker
APPLICANT: Hanover Development Company
CURRENT ZONING: "B-2" Commercial Manufacturing District
REQUESTED ZONING: "C-3" General Commercial District
LAND USE CATEGORY: Mixed Use
NO.NOTICES SENT: Eleven(11)
RESPONSES: Three written responses received within the 200' notification area:
* Belle Lidster,2320 E. Southlake Blvd., in favor; The owner should
be able to do what he wants to with the property since he paid for it.
* Robert George Lyford,6502 Santolina Cv.,Austin,; in favor if this
request contemplates a retail shopping center;opposed if this request
contemplates the continuation of the wrecking yard.
* Roy E. Lee, 2620 E. Southlake Blvd., in favor; he prefers
commercial versus industrial development.
P &Z ACTION: October 20, 1994; Approved(7-0)ZA 94-124 Rezoning Request
COUNCIL ACTION: November 1, 1994; Approved (6-0-1) to table ZA 94-124 Rezoning
Request to the January 17, 1995 City Council meeting.
January 17, 1995; Approved(6-0-1)First Reading, Ordinance No.
480-155
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GM�S
CITY OF SOUTHLAKE,TEXAS
ORDINANCE NO. 480-155
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS
AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF
THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING
CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING 3.726
ACRES SITUATED IN THE SAMUEL FREEMAN SURVEY,
ABSTRACT NO.525,BEING A PORTION OF TRACT 1 OF THE
W.E. MAYFIELD SUBDIVISION, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "B-2"
COMMERCIAL MANUFACTURING DISTRICT TO "C-3"
GENERAL COMMERCIAL DISTRICT, SUBJECT TO THE
SPECIFIC REQUIREMENTS CONTAINED IN THIS
ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP;
PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE;DETERMINING THAT THE PUBLIC INTEREST,
MORALS AND GENERAL WELFARE DEMAND THE ZONING
CHANGES AND AMENDMENTS HEREIN MADE;PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
(kir 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 "B-2" General
Commercial District under the City's Comprehensive Zoning Ordinance; and
WHEREAS,a change in the zoning classification of said property was requested by a person
or corporation having a proprietary interest in said property; and
WHEREAS,the City Council of the City of Southlake,Texas, at a public hearing called by
(**N., the City Council did consider the following factors in making a determination as to whether these
G:ORD\ZON0JG\480.155
Page
98—s
changes should be granted or denied: safety of the motoring public and the pedestrians using the
facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise
producing elements and glare of the vehicular and stationary lights and effect of such lights on
established character of the neighborhood; location,lighting and types of signs and relation of signs
to traffic control and adjacent property; street size and adequacy of width for traffic reasonably
expected to be generated by the proposed use around the site and in the immediate neighborhood;
adequacy of parking as determined by requirements of this ordinance for off-street parking facilities;
location of ingress and egress points for parking and off-street loading spaces, and protection of
public health by surfacing on all parking areas to control dust;effect on the promotion of health ad
the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the
concentration of population,and effect on transportation,water, sewerage,schools,parks and other
public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the view
to conserve the value of the buildings,and encourage the most appropriate use of the land throughout
this City; and,
WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a public
necessity for the zoning changes, that the public demands them, that the public interest clearly
requires the amendments,and that the zoning changes do not unreasonably invade the rights of those
who bought or improved property with reference to the classification which existed at the time their
throe 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:
GAORD\ZONING\480.155
Page 2
Being a 3.726 acre tract of land situated in the Samuel Freeman Survey, Abstract No.
525, being a portion of Tract 1 of the W.E. Mayfield Subdivision, and more fully and
completely described in Exhibit "A" attached hereto and incorporated herein, from
"B-2" Commercial Manufacturing District to "C-3" General Commercial District.
Section 2. That the City Manager is hereby directed to correct the Official Zoning map
of the City of Southlake, Texas, to reflect the herein changes in zoning.
Section 3. That in all other respects the use of the tract or tracts of land herein above
described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all
other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections,
subsections,paragraphs,sentences, words, phrases and definitions of said Zoning Ordinance are not
amended hereby, but remain intact and are hereby ratified, verified, and affirmed.
Section 4. That the zoning regulations and districts as herein established have been
made in accordance with the comprehensive plan for the purpose of promoting the health, safety,
morals and the general welfare of the community. They have been designed, with respect to both
present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to
lessen congestion in the streets; to provide adequate light and air;to prevent over-crowding of land;
to avoid undue concentration of population;and to facilitate the adequate provision of transportation,
water,sewerage,drainage and surface water, parks and other commercial needs and development of
the community. They have been made after a full and complete hearing with reasonable consideration
among other things of the character of the district and its peculiar suitability for the particular uses
and with a view of conserving the value of buildings and encouraging the most appropriate use of
land throughout the community.
Section 5. That this ordinance shall be cumulative of all other ordinances of the City of
Southlake,Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except
in those instances where provisions of those ordinances are in direct conflict with the provisions of
this ordinance.
Section 6. That the terms and provisions of this ordinance shall be deemed to be
severable and that if the validity of the zoning affecting any portion of the tract or tracts of land
described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of
the balance of said tract or tracts of land described herein.
Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or
refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall
be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
Section 8. All rights and remedies of the City of Southlake are expressly saved as to any
and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances
affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal, whether pending in court or not,
G:1ORDIZONING1480.155
Page 3
7g--�1
under such ordinances,same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
Section 9. The City Secretary of the City of Southlake is hereby directed to publish the
proposed ordinance or its caption and penalty together with a notice setting out the time and place
for a public hearing thereon at least ten(10) days before the second reading of this ordinance, and
if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any
of its provisions, then the City Secretary shall additionally publish this ordinance in the official City
newspaper one time within ten(10)days after passage of this ordinance, as required by Section 3.13
of the Charter of the City of Southlake.
Section 10. This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the day of , 1995.
MAYOR
A nEST:
L
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 1995.
MAYOR
ATTEST:
CITY SECRETARY
Lie
OAORMONIN01480.155
Page 4
APPROVED AS TO FORM AND LEGALITY:
(hire
CITY ATTORNEY
DATE:
ADOPTED:
EFFEC I IVE:
G:b�VONING418O.155
Page 5
EXHIBIT"A"
L
A portion of Tract No. 1 of the W. E. Mayfield Subdivision in the
City of Southlake in Tarrant County, Texas, as said Tract No. 1
appears upon the map recorded in volume 388-C, page 4 of the
Tarrant County Deed Records; and embracing a portion of the tract
described in the deed to Jimmy Ray Parker and wife Irene L. Parker
recorded in volume 6415, page 794 of the said Deed Records.
Beginning At a 1/2" iron found for the northwest corner of said
Parker tract and the southwest corner of the 8-345/1000 acres tract
described in the deed to Four Bear Creek Associates recorded iK
volume 8133, page 1655 of the said Deed Records, in the east line
of Bluebonnet Drive.
Thence south 72 degrees-34 minutes east, along the north line of
said Parker tract and the south line of said 8-345/1000 acres
tract, 499-78/100 feet to a 5/8" iron found for the northeast
corner of said Parker tract, the southeast corner of said 8-
345/1000 acres tract and a corner of the 11-92/100 acred tract
described in the deed to Wetzel Family Partnership, Ltd. recorded
in volume 10179, page 971 of the said Deed Records.
Thence south 5 degrees-55 minutes-12 seconds east, along the east
line of said Parker tract and the west line of said Wetzel tract,
198-34/100 feet to a 5/8" iron found for the easterly southeast
corner of said Parker tract, the southwest corner of said Wetzel
tract and for the northeast corner of the tract described in the
deed to Harold C. Bunch and others recorded in volume. 10955, page
1481 of the said Deed Records.
Thence north 89 degrees-40 minutes-57 seconds west, along a .south
line of said Parker tract and the north line of said Bunch•tract,
206-31/100 feet to a 3/8" iron in concrete !mind for a reentrant
corner of said Parker tract and the northwest corner of said Bunch
tract.
Thence south 6 degrees-I] minutes-58 seconds west, along the east
line of said Parker tract and the west line of said Bunch tract,
155-65/100 feet to a 5/8" iron found for the southwest-corner of
said Bunch tract and for the northeast corner of the 0-173/1000 of
an acre tract described in the deed to the State of Texas recorded
in volume 9863, page 129• of the said Deed Records for the north
line of right of way of Southlake Boulevard.
Thence north 70 degrees-39 minutes-34 seconds west, along the north
line of said State of Texas tract, for the said north line of right
of way of Southlake Boulevard, 292-81/100 feet to a concrete
Highway Department monument found for the northwest corner of said
State of Texas tract, in the west line of said Parker tract and the
west line of said Tract No. 1, also being the intersection of the
said north line of right of way of Southlake Boulevard and the said
east line of Bluebonnet Drive.
Thence north no degrees-18 minutes-48 seconds east, along the said
. west line of Parker tract and said Tract No. 1, and the said east
line of Bluebonnet Drive, 403-64/100 feet to the place of beginning
and containing 3-726/1000 acres.
(Now' GAORDVONING1480.155
Page 6
I
ge-io
City of Southlake,Texas
MEMORANDUM
February 3, 1995
TO: Curtis E. Hawk, City Manager
FROM: Karen P. Gandy, Zoning Administrator
SUBJECT: ZA 94-147 Rezoning Request/Ordinance No. 480-161
REQUESTED ACTION: Rezoning for 8.84 acres situated in the T. M. Hood Survey, Abstract
No. 706, Tracts 8A7, 8A10 and 8Al2
LOCATION: South side of W. Highland Street approximately 550'West of
N. White Chapel Blvd.
OWNERS/APPLICANTS: John A. and Kay C. Myers
CURRENT ZONING: "AG" Agricultural
REQUESTED ZONING: "SF-1A" Single-Family Residential District
LAND USE CATEGORY: Low Density Residential
NO. NOTICES SENT: Thirteen(13)
RESPONSES: On written response received within the 200'notification area:
* Jose Campbell, 335 W. Highland, opposed; unless the homes are
built on one acre lots and the "AG" Agricultural use remains.
P&Z ACTION: January 5, 1995, Approved (5-0) ZA 94-147 Rezoning Request
COUNCIL ACTION: January 17, 1995, Approved (7-0) First Reading, Ordinance No.
480-161
STAFF COMMENTS: Applicant has submitted a 1-lot Plat Showing to Staff and has plans to
build one single-family residence at this time.
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WEST HIGHLAND STREET
"AG" ,, R. Wink 1 E
116 8A . . A' . 1 8B 4
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ADJACENT OWNERS ' . — 1 — -I-- .
L. AND ZONING I
C
0e,-3 )6-Etliti
(6., CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-161
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS
AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF
THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING
CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING 8.84 •
ACRES SITUATED IN THE T.M. HOOD SURVEY, ABSTRACT
NO. 706, TRACTS 8A7, 8A10, AND 8Al2, • / ORE FULLY
AND COMPLETELY DESCRIBED IN 4 II: ' "A" FROM "AG"
AGRICULTURAL TO"SF-1A" SINGLE-IC II Y RESIDENTIAL
DISTRICT, SUBJECT TO I. SP,' I C REQUIREMENTS
CONTAINED IN THIS • ' II I 1 CE; CORRECTING THE
OFFICIAL ZONING , ; 'RESERVING ALL OTHER
PORTIONS OF THE ZO '! ORDINANCE; DETERMINING
THAT THE PUBLIC I r:d' T, MORALS AND GENERAL
WELFARE DEMANDtra ZONING CHANGES AND
AMENDMENTS HE'S' I►' M• NE; PROVIDING THAT THIS
ORDINANCE S BE CUMULATIVE OF ALL
ORDINANCES; '' ' a V SING A EVERABILITY CLAUSE;
PROVIDING 4R • P' NALTY FO•'\ VIOLATIONS HEREOF;
(kw PROVIDING A A INGS CLAU E; PROVIDING FOR
PUBLICATION IN OFFICIAL NEWSPAPER; AND
PROVIDING AN E 'CTIVE DATE.
WHEREAS, •- City of Southlake,Texas is a home rule •. . g under its Charter adopted
by the electorate pursuant to •i . .e • . e Texas Constitution and Chapter 9 of the
Texas Local Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential and other purposes, and to
amend said ordinance and map for the purpose of promoting the public health, safety, morals and
general welfare, all in accordance with a comprehensive plan; and
WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural under
the City's Comprehensive Zoning Ordinance; and
WHEREAS, a change in the zoning classification of said property was requested by a person
or corporation having a proprietary interest in said property; and
WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by
the City Council did consider the following factors in making a determination as to whether these
‘it.„ changes should be granted or denied: safety of the motoring public and the pedestrians using the
G:\ORD\ZONI NG4180.161
Page I
ric- 4
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,
Lie WHEREAS,the City Council of the City of Southlake,Texas, does find that the changes in
zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers,
promotes the health and the general welfare, provides adequate light and air, prevents the over-
crowding of land, avoids undue concentration of population, and facilitates the adequate provision
of transportation, water, sewerage, schools, parks and other public requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is
a necessity and need for the changes in zoning and has also found and determined that there has been
a change in the conditions of the property surrounding and in close proximity to the tract or tracts
of land requested for a change since the tract or tracts of land were originally classified and therefore
feels that the respective changes in zoning classification for the tract or tracts of land are needed, are
called for, and are in the best interest of the public at large, the citizens of the city of Southlake,
Texas, and helps promote the general health, safety and welfare of the community.
NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City
of Southlake,Texas,passed on the 19th day of September, 1989, as originally adopted and amended,
is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed
and amended as shown and described below:
L
G\ORD\ZONINOW80.16I
Page 2
9C-
Being a 8.84 acre tract of land situated in the T.M. Hood Survey, Abstract No. 706,
Tracts 8A7, 8A10 and 8Al2,and more fully and completely described in Exhibit "A"
attached hereto and incorporated herein, from "AG" Agricultural to "SF-1A" Single-
Family Residential District.
Section 2. That the City Manager is hereby directed to correct the Official Zoning map
of the City of Southlake, Texas, to reflect the herein changes in zoning.
Section 3. That in all other respects the use of the tract or tracts of land herein above
described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all
other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections,
subsections,paragraphs,sentences, words, phrases and definitions of said Zoning Ordinance are not
amended hereby, but remain intact and are hereby ratified, verified, and affirmed.
Section 4. That the zoning regulations and districts as herein established have been
made in accordance with the comprehensive plan for the purpose of promoting the health, safety,
morals and the general welfare of the community. They have been designed, with respect to both
present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to
lessen congestion in the streets;to provide adequate light and air; to prevent over-crowding of land;
to avoid undue concentration of population;and to facilitate the adequate provision of transportation,
water,sewerage,drainage and surface water, parks and other commercial needs and development of
the community. They have been made after a full and complete hearing with reasonable consideration
among other things of the character of the district and its peculiar suitability for the particular uses
and with a view of conserving the value of buildings and encouraging the most appropriate use of
land throughout the community.
Section 5. That this ordinance shall be cumulative of all other ordinances of the City of
Southlake,Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except
in those instances where provisions of those ordinances are in direct conflict with the provisions of
this ordinance.
Section 6. That the terms and provisions of this ordinance shall be deemed to be
severable and that if the validity of the zoning affecting any portion of the tract or tracts of land
described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of
the balance of said tract or tracts of land described herein.
Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or
refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall
be fmed 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
(40e, accrued violations and all pending litigation, both civil and criminal, whether pending in court or not,
G:\ORD\ZONING\480.161
Page 3
(ire under such ordinances,same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
Section 9. The City Secretary of the City of Southlake is hereby directed to publish the
proposed ordinance or its caption and penalty together with a notice setting out the time and place
for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and
if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any
of its provisions, then the City Secretary shall additionally publish this ordinance in the official City
newspaper one time within ten(10)days after passage of this ordinance, as required by Section 3.13
of the Charter of the City of Southlake.
Section 10. This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the day of , 1995.
MAYOR
ATTEST:
L
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 1995.
MAYOR
ATTEST:
CITY SECRETARY
Lir
O1ORD\ZONINO1480.161
Page 4
APPROVED AS TO FORM AND LEGALITY:
(kir
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
L
L
O:1ORIY ZONI NO4180.161
Page 5
�e- g
EXHIBIT "A"
L
THAT WHEREAS, John Alexander Myers III and wife Kay Chamberlain Myers
are the owenrs of a tract in the T. M. Hood Survey, Abstract No. 706,
situated in the City of Southlake, Tarrant County, Texas as described in
in deeds of record in Volume 8313, Page 1584 and Volume 8315, Page 612,
Deed Records, Tarrant County, Texas, and being more particularly described
by metes and bounds as follows :
BEGINNING at a h" iron at the intersection of the West line of the tract
described in Volume 8313, Page 1584, above referenced and the
South right-of-way line of West Highland Street, said point
being, by deed call , 17.1 feet South of the Northwest corner
of said tract;
THENCE N. 89° - 21 ' - 27" E. 410.90 feet along said right-of-way line
to a 1" iron found in same at the most Northerly Northeast
corner of the tract described in Volume 8315 , Page 612, above
referenced, said point being the Northwest corner of a tract
described in Volume 9502, Page 1959, Deed Records, Tarrant
County, Texas;
THENCE S. 00 - 03 ' - 22" E. 443.11 feet to a 1" iron found at the
Southwest corner of the last referenced tract;
ENCE N. 85° - 23 ' - 54" E. 74 . 94 feet to a 1" iron found in the
South line of the last referenced tract, same being the -Northwest
corner of a tract described in Volume 7632, Page 2174, Deed
Records, Tarrant County, Texas;
THENCE S. 00 - 20 ' - 11" W. along the West line of the last referenced
tract and continuing along the West line of the tract
described in Volume 7347, Page 575, Deed Records, Tarrant County,
Texas, 420 .94 feet to a fence corner post at the Southwest corner
of the last referenced tract in the North line of a tract
described in a deed of record in Volume 2986 , Page 540, Deed
Records, Tarrant County, Texas;
THENCE S. 88° - 47 ' - 40" W. 483 .61 feet along said line to a 1" iron
found at the Southwest corner of a tract described in Volume 8313,
Page 1584, above referenced ;
THENCE North 863 .60 feet to the POINT OF BEGINNING and containing
8 .84 acres .
(11wr, G ORDVANINC%480.161
Page 6
ri e-9
City of Southlake,Texas
MEMORANDUM
February 3, 1995
TO: Curtis E. Hawk, City Manager
FROM: Karen P. Gandy,Zoning Administrator
SUBJECT: ZA 94-148 Rezoning Request/Ordinance No. 480-162
REQUESTED ACTION: Rezoning for 0.9441 acre situated in the T.J. Thompson Survey,
Abstract No. 1502, Tract 1 B 1 B 1
LOCATION: North side of W. Continental Blvd. in the 2300 block, approximately
575' East of Davis Blvd.
OWNER: Elsie C. McClendon Estate
APPLICANT: Larry and Denise Overby
CURRENT ZONING: "AG" Agricultural
REQUESTED ZONING: "SF-30" Single-Family Residential District
LAND USE CATEGORY: Mixed Use
NO.NOTICES SENT: Eight(8)
RESPONSES: No written responses received
P&Z ACTION: January 5, 1995; Approved(5-0)ZA 94-148 Rezoning Request
COUNCIL ACTION: January 17, 1995; Approved(7-0)First Reading, Ordinance No.
480-162
STAFF COMMENTS: The Applicant has requested a variance from ZBA to allow a septic
system on this lot. This request will be heard on February 16, 1995.
Yll
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La: ADJACENT OWNERS
AND ZONING
72
1 A 4
1A L I 1 IQ-3
CITY OF SOUTHLAKE, TEXAS
Lie ORDINANCE NO. 480-162
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS
AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF
THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING
CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING 0.9441
ACRE SITUATED IN THE T.J. THOMPSON SURVEY,
ABSTRACT NO. 1502,TRACT 1B1B1,AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL TO"SF-30" SINGLE-FAMILY RESIDENTIAL
DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS
CONTAINED IN THIS ORDINANCE; CORRECTING THE
OFFICIAL ZONING MAP; PRESERVING ALL OTHER
PORTIONS OF THE ZONING ORDINANCE; DETERMINING
THAT THE PUBLIC INTEREST, MORALS AND GENERAL
WELFARE DEMAND THE ZONING CHANGES AND
AMENDMENTS HEREIN MADE; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
(owe PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,the City of Southlake,Texas is a home rule City acting under its Charter adopted
by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the
Texas Local Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential and other purposes, and to
amend said ordinance and map for the purpose of promoting the public health, safety, morals and
general welfare, all in accordance with a comprehensive plan; and
WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural under
the City's Comprehensive Zoning Ordinance; and
WHEREAS, a change in the zoning classification of said property was requested by a person
or corporation having a proprietary interest in said property; and
WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by
the City Council did consider the following factors in making a determination as to whether these
L. changes should be granted or denied: safety of the motoring public and the pedestrians using the
O:\ORD\ZONI NON80.162
Page 1
rip-Li
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,
(lior WHEREAS,the City Council of the City of Southlake, Texas, does find that the changes in
zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers,
promotes the health and the general welfare, provides adequate light and air, prevents the over-
crowding of land, avoids undue concentration of population, and facilitates the adequate provision
of transportation, water, sewerage, schools, parks and other public requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is
a necessity and need for the changes in zoning and has also found and determined that there has been
a change in the conditions of the property surrounding and in close proximity to the tract or tracts
of land requested for a change since the tract or tracts of land were originally classified and therefore
feels that the respective changes in zoning classification for the tract or tracts of land are needed, are
called for, and are in the best interest of the public at large, the citizens of the city of Southlake,
Texas, and helps promote the general health, safety and welfare of the community.
NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City
of Southlake,Texas,passed on the 19th day of September, 1989, as originally adopted and amended,
is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed
and amended as shown and described below:
L
O:\ORDZONINON80.162
Page 2
1 IJ-5
Being a 0.9441 acre tract of land situated in the T.J. Thompson Survey, Abstract No.
1502,Tract 1B1B1, and more fully and completely described in Exhibit "A" attached
hereto and incorporated herein, from "AG" Agricultural to "SF-30" Single-Family
Residential District.
Section 2. That the City Manager is hereby directed to correct the Official Zoning map
of the City of Southlake, Texas, to reflect the herein changes in zoning.
Section 3. That in all other respects the use of the tract or tracts of land herein above
described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all
other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections,
subsections,paragraphs,sentences, words, phrases and definitions of said Zoning Ordinance are not
amended hereby, but remain intact and are hereby ratified, verified, and affirmed.
Section 4. That the zoning regulations and districts as herein established have been
made in accordance with the comprehensive plan for the purpose of promoting the health, safety,
morals and the general welfare of the community. They have been designed, with respect to both
present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to
lessen congestion in the streets;to provide adequate light and air; to prevent over-crowding of land;
to avoid undue concentration of population;and to facilitate the adequate provision of transportation,
water, sewerage,drainage and surface water, parks and other commercial needs and development of
the community. They have been made after a full and complete hearing with reasonable consideration
among other things of the character of the district and its peculiar suitability for the particular uses
and with a view of conserving the value of buildings and encouraging the most appropriate use of
land throughout the community.
Section 5. That this ordinance shall be cumulative of all other ordinances of the City of
Southlake,Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except
in those instances where provisions of those ordinances are in direct conflict with the provisions of
this ordinance.
Section 6. That the terms and provisions of this ordinance shall be deemed to be
severable and that if the validity of the zoning affecting any portion of the tract or tracts of land
described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of
the balance of said tract or tracts of land described herein.
Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or
refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall
be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
Section 8. All rights and remedies of the City of Southlake are expressly saved as to any
and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances
affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such
cie accrued violations and all pending litigation, both civil and criminal, whether pending in court or not,
G:\ORD\ZON[NOW 80.162
Page 3
under such ordinances,same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
Section 9. The City Secretary of the City of Southlake is hereby directed to publish the
proposed ordinance or its caption and penalty together with a notice setting out the time and place
for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and
if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any
of its provisions, then the City Secretary shall additionally publish this ordinance in the official City
newspaper one time within ten(10)days after passage of this ordinance, as required by Section 3.13
of the Charter of the City of Southlake.
Section 10. This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the day of 1995.
MAYOR
ATTEST:
L
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of 1995.
MAYOR
ATTEST:
CITY SECRETARY
L
GAORDIZONING4$80.162
Page 4
APPROVED AS TO FORM AND LEGALITY:
(ow
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
L
(sr
G:\ORD\ZON1 NG%480.162
Page 5
•
EXHIBIT "A"
(re
BEING a tract of land out of the T. J. THOMPSON SURVEY, Abstract No. 1502, Tarrant
County, Texas and owned by Larry J. Overby and Denise Overby by deed recorded in
Volume Page Deed Records, Tarrant County, Texas and being described as follows:
COMMENCING at an iron pin in the North R. 0. W. line of Continental Boulevard and
the East R. 0. W. line of Highway 1938, said point being East 60.0 feet from the
Southeast corner of the Jesse Allen Survey;
THENCE North 89 degrees 11 minutes 19 seconds East 515.0 feet to the PLACE OF
BEGINNING OF TRACT BEING DESCRIBED;
THENCE North 01 degrees 26 minutes 38 seconds West 381.90 feet to an 3/4" iron pin
set for corner;
THENCE North 88 degrees 45 minutes 17 seconds East 107.66 feet to an 3/4" iron pin
found for corner;
THENCE South 01 degrees 25 minutes 05 East along a fence line 382.72 feet to an 3/4"
iron pin found for corner in the North R. O. W. line of Continental Boulevard;
THENCE South 89 degrees 11 minutes 19 seconds West 107.49 feet to an 3/4" iron rod found
for the PLACE OF BEGINNING and containing 41 ,126.61 square feet or 0.9441 acre of land
(kwyore or less.
Page6 t ONING4030,162
Page 6
flDA
City of Southlake,Texas
MEMORANDUM
February 3, 1995
TO: Curtis E. Hawk, City Manager
FROM: Karen P. Gandy, Zoning Administrator
SUBJECT: ZA 94-149 Rezoning Request/Ordinance No. 480-163
REQUESTED ACTION: Rezoning for 6.0 acres situated in the T.M. Hood Survey, Abstract No.
706, Tract 2A1
LOCATION: West side of Shady Oaks Dr. in the 1200 block, approximately 75'
North of the intersection of Shady Oaks Dr. and W. Highland St.
OWNER/APPLICANT: Robert H. Moss
CURRENT ZONING: "AG" Agricultural
REQUESTED ZONING: "SF-1A" Single-Family Residential District
LAND USE CATEGORY:NO. NOTICES SENT:
RESPONSES:
P &Z ACTION:
COUNCIL ACTION:
Low Density Residential
*PO/
Ten (10)
No written responses received
January 5, 1995;Approved (5-0) ZA 94-149 Rezoning Request
January 17, 1995; Approved (7-0) First Reading, Ordinance No.
480-163
KPG/bls
GAWNAMEMOCASHSV4-149-Z.WPD
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ADJACENT OWNERS
L. 11 F AND ZONING
9E-3
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-163
• ORDINANCE AMENDING ORDINANCE NO. 480, AS
AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF
THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING •
CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING 6.0
ACRES SITUATED IN THE T.M. HOOD SURVEY, ABSTRACT
NO. 706,TRACT 2A1,AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT"A"FROM"AG"AGRICULTURAL TO
"SF-1A" SINGLE-FAMILY RESIDENTIAL DISTRICT,
SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED
IN THIS ORDINANCE;CORRECTING THE OFFICIAL ZONING
MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE;DETERMINING THAT THE PUBLIC INTEREST,
MORALS AND GENERAL WELFARE DEMAND THE ZONING
CHANGES AND AMENDMENTS HEREIN MADE;PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
(ruse PUBLICATION IN THE OFFICIAL NEWSPAPER; • P
ROVIDING AN EFFE,CTTVE DATE.
WHEREAS,the i ' s '• . ,r, •, - n e City acting under its Charter adopted
by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the
Texas Local Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential and other purposes, and to
amend said ordinance and map for the purpose of promoting the public health, safety, morals and
general welfare, all in accordance with a comprehensive plan; and
WHEREAS,the hereinafter described property is currently zoned as "AG" Agricultural under
the City's Comprehensive Zoning Ordinance; and
WHEREAS, a change in the zoning classification of said property was requested by a person
or corporation having a proprietary interest in said property; and
WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by
the City Council did consider the following factors in making a determination as to whether these
changes should be granted or denied: safety of the motoring public and the pedestrians using the
facilities in the area immediately surrounding the sites; safety from fire hazards and damages;noise
G:\ORDAZONING1480.163
Page t
rlE—L1
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,
Lye 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:
(hoe
G:\ORDZONINGN80.163
Page 2
(lkire Being a 6.0 acre tract of land situated in the T.M. Hood Survey, Abstract No. 706,
Tract 2A1, and more fully and completely described in Exhibit "A" attached hereto
and incorporated herein, from "AG" Agricultural to "SF-lA" Single-Family
Residential District.
Section 2. That the City Manager is hereby directed to correct the Official Zoning map
of the City of Southlake,Texas, to reflect the herein changes in zoning.
Section 3. That in all other respects the use of the tract or tracts of land herein above
described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all
other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections,
subsections,paragraphs,sentences, words, phrases and definitions of said Zoning Ordinance are not
amended hereby, but remain intact and are hereby ratified, verified, and affirmed.
Section 4. That the zoning regulations and districts as herein established have been
made in accordance with the comprehensive plan for the purpose of promoting the health, safety,
morals and the general welfare of the community. They have been designed, with respect to both
present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to
lessen congestion in the streets; to provide adequate light and air;to prevent over-crowding of land;
to avoid undue concentration of population;and to facilitate the adequate provision of transportation,
water, sewerage,drainage and surface water, parks and other commercial needs and development of
the community. They have been made after a full and complete hearing with reasonable consideration
(how 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
(lbw accrued violations and all pending litigation, both civil and criminal, whether pending in court or not,
G:\ORD\ZONING\480.163
Page 3 I�i t°
L under such ordinances,same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
Section 9. The City Secretary of the City of Southlake is hereby directed to publish the
proposed ordinance or its caption and penalty together with a notice setting out the time and place
for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and
if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any
of its provisions, then the City Secretary shall additionally publish this ordinance in the official City
newspaper one time within ten(10)days after passage of this ordinance, as required by Section 3.13
of the Charter of the City of Southlake.
Section 10. This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the day of , 1995.
MAYOR
ATTEST:
L
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 1995.
MAYOR
ATTEST:
CITY SECRETARY
L
O:\ORDIZONI NOW 80.163
Page 4 ^
IE-' 1
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
(me
G:\GRD\ZGNINGN80.163
Page S r1E-54
EXHIBIT "A"
(re
THAT WHEREAS, Robert H. Moss and wife Willie Mae Moss are the owners of
a tract in the T. M. Hood Survey, Abstract No. 706, situated in the City of
Southlake, Tarrant County, Texas, as described in a deed of record in
Volume 5483, Page 326, Deed Records, Tarrant County, Texas, and being more
particularly described by metes and bounds as follows:
BEGINNING at a 1/2" iron found in the West right-of-way fence of Shady Oaks
Drive for the Northeast corner of the herein described tract,
said point being 40.93 feet South and 47.4 feet West of the
Northwest corner of Lot 2-B-2-A, Block 1, Burnett Acres Addition
to the City of Southlake, as shown on a plat of record in
Volume 388-171, Page 21, Plat Records, Tarrant County, Texas;
THENCE S. 0° - 41 ' - 10" W. along the West right-of-way fence of said
Shady Oaks Drive 406.64 feet to a 11" iron found in same for the
Southeast corner of the herein described tract;
THENCE S. 89° - 59 ' - 41" W. 642.39 feet along the North line of a
tract described in Volume 2741, Page 464, Deed Records, Tarrant
County, Texas, to a k" iron found in same for the Southwest corner
of the herein described tract;
TCE N. 0° - 37 ' - 56" E. 406 .70 feet along the Easterly line of
a tract described in Volume 2312, Page 624, Deed Records, Tarrant
County, Texas, to a 1" iron found in same for corner;
THENCE East (base bearing Volume 5483, Page 326, ) 642 .76 feet to the
POINT OF BEGINNING and containing 6.0 acres .
GAORMON1NG1tffi1,163(We
Page 6
City of Southlake,Texas
MEMORANDUM
February 2, 1995
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead,.Director of Public Works
SUBJECT: Ordinance No. 631
2nd Reading, Perimeter Street Fee Ordinance
City Council has discussed the proposed Perimeter Street Fee Ordinance at numerous meetings,
and on January 17, 1995 approved the first reading of Ordinance 631 setting a public hearing for
February 7, 1995.
The ordinance establishes that all non-residential development and all residential development that
require a developer agreement and abut one or more streets shall pay a perimeter street fee. This
will exclude the one and two lot residential plats that do not require any public infrastructure to
be built.
The City Council shall adopt the Perimeter Street Fee in the City's Schedule of Fees. The Fee
charged to the developer shall be the fee in effect at the time of the submittal of the final plat.
Please place Ordinance No. 631 on the February 7, 1995 agenda for 2nd reading and Public
Hearing.
BW/sm
Attachment: Perimeter Street Fee Ordinance No. 631
wp61\wthead.mem\permst.2nd
(we `!NIR.NG.Wt1
February 1, 1"5
4
ORDINANCE NO. 631
AN ORDINANCE OF THE CITY OF SOUTHLAKE,TEXAS ADOPT • A
NEW PERIMETER STREET ORDINANCE; PROVIDING FOR T
PURPOSE AND SCOPE OF THE ORDINANCE; PROVIDING FOR
DEFINITIONS; PROVIDING FOR THE ADNIINISTRATION OF THIS
ORDINANCE; PROVIDING FOR PERIMETER STREET FEES;
PROVIDING FOR PERIMETER STREET CONSTRUCTION; PROVIDING
FOR THE LIMITATION OF CONSTRUCTION AND FEES AND
ADJUSTMENT OF THE PERIMETER STREET REQUIREMENTS;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE. OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING
FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
WHE ' • -, 0 - i o - • "i • e, exas, is a ome rue city acting under its Charter
(60, adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
9 of the Local Government Code; and
WHEREAS,the City Council of the City of Southlake deems it necessary and in the public
interest to establish requirements for the construction of perimeter streets abutting land being
subdivided pursuant to the Subdivision Ordinance of the City of Southlake; and
WHEREAS,the City Council of the City of Southlake finds that this proposed ordinance
will meet a legitimate public need, clarify responsibilities of landowners and developers, assist in
carrying out the community's Thoroughfare Plan, serve to protect the public health, safety and
welfare, and fulfill the purposes of Chapter 212 of the Local Government Code;
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE:
L
SCNDRDNG.WPD
February 1, 1995
SECTION I.
PURPOSE AND SCOPE
(1) Purpose. It is the purpose of this Ordinance to guide the development of a
roadway network sufficient for both existing and future traffic. This Ordinance establishes that
all developers shall pay a perimeter street fee in accordance with Section IV herein or, at the
option of the City Council, improve the perimeter street to comply with the City's Thoroughfare
Plan and pavement standards on existing streets that abut the proposed subdivision where the
street is inadequate or substandard.
(2) Scope. This Ordinance shall apply to all non-residential development which
abuts one or more streets and all residential development which requires a Developer's
Agreement and abuts one or more streets.
SECTION II.
DEFINITIONS
(1) General Rules. For the purpose of this ordinance,the following rules shall
be applied in constructing, interpreting, or otherwise defining the terms and provisions hereof:
(a) Words used in the present tense shall include the future, words
used in the singular number shall include the plural number, and words
used in the plural shall include the singular.
(b) The word "shall" is mandatory and the word "may" is permissive.
2
'�� -3
SCNDRDNG.WPD
(ime February 1, 1995
(c) The phrase "used for" shall include the phrases "arranged for",
"designed for", "intended for", and "occupied for", and shall apply
exclusively to physical uses.
(2) Definitions. For the purposes of this ordinance, certain words or terms
applicable hereto are defined as hereinafter provided. Words and terms used in this ordinance,
but not defined in this ordinance shall have the meanings ascribed thereto in the Subdivision
Ordinance of the City. Words and terms defined in both ordinances shall be read in harmony
unless there exists an irreconcilable conflict, in which case the definition contained in this
ordinance shall control.
(a) The City means the City of Southlake, Texas.
(irie (b) The Developer's Agreement is a written agreement,
approved by the City Council, which addresses the physical public
improvements which are to be installed in the development.
(c) Development means any activity which requires the submission of a final
plat under the City's Subdivision Ordinance.
(d) Interim roadway section means the pavement standards specified as
interim in the Thoroughfare Plan.
(e) Perimeter street means any street(excluding S.H. 26, S.H.
114, F.M 1938, and F. M. 1709) which abuts or whose width lies
partially or wholly within a development.
Cipe 3
7/- V
SCNDRDNG.WPD
Cre February 1, 1995
(fj The Thoroughfare Plan is the written policy of the City recommending
the roadway network necessary to support ultimate development in the City and
the surrounding region. The Thoroughfare Plan in effect at the time of submittal
of the final plat shall be applicable to the development.
(g) Ultimate roadway section means the R.O.W. and pavement standards
specified in the current Thoroughfare Plan.
SECTION III.
ADMINISTRATION
(1) Administration. The City Manager or his/her designee is responsible for the
administrative provisions of this Ordinance. The City Council shall determine which of the
following shall be required of the developer and included in the Developer's Agreement invrder that
the City's best interests be served: payment of a perimeter street fee; construction of street
improvements as required herein; or a combination of construction and a perimeter street fee.
(2) Deposit of fees. Fees paid pursuant to this Ordinance shall be placed by the
City into a perimeter street fund and shall be specifically reserved and used for the construction of
perimeter street improvements. The City Council shall determine the timing and priority of
expenditure of these funds through its capital improvement program budgeting process.
tkkor• 4
7
SCNDRDNG.WPD
February 1, 1995
SECTION IV.
PERIMETER STREET FEE
(1) Payment of perimeter street fee. In the event the City Council determines that
the perimeter street fee should be paid,the Developer shall pay to the City the designated perimeter
street fee which represents the estimated cost of roadway improvements required to upgrade the
perimeter street to the current City standard street (including, but not limited to, excavation,
subgrade preparation,paving,curb and gutters, sidewalks,storm drainage facilities, lighting, utility
adjustments, engineering, and other necessary facilities and appurtenances).
The required payment will be based upon the classification of the perimeter street in the
Thoroughfare Plan and whether the construction is based upon interim or ultimate roadway sections.
(ittioe If the perimeter street is a residential street or the construction standard is for an interim street
(residential, collector or arterial), the fee is equivalent to one-half the cost per linear foot of
construction multiplied by the number of linear feet of the perimeter street abutting the development.
If the perimeter street is a collector or arterial street and the construction standard is for the ultimate
roadway sections,the fee is equivalent to one-third the cost per linear foot of construction multiplied
by the number of linear feet of the perimeter street abutting the development.
(2) Fees schedule. Perimeter street fees shall be adopted by the City Council in the
City's Schedule of Fees.
(3) Payment of fees. The perimeter street fee in effect at the time of submittalof the
final plat shall be paid to the City per the requirements of the Developer's Agreement.
(be 5
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SCNDRDNG.WPD
February 1, 1995
(4) Perimeter street previously constructed. If the perimeter street was constructed
per the City standard street section by a prior developer on the other side of the right-of-way under
the terms and conditions of this ordinance, the current Developer shall pay the perimeter street fee
required in paragraph(1)above based upon the cost per linear foot in effect at the time the perimeter
street was constructed. The City shall pay these funds,less ten percent(10%) of the funds for each
year the improved street section has been in service,to the original developer of the perimeter street
as soon as possible after verification of all calculations, costs, and amounts by the City Council. If
the original developer is no longer in business or has failed to designate a successor or a current
address at which to receive a refund,the City shall pay these funds on a pro-rata basis to the owners
• of all lots in the subdivision. No payments will be refunded after the improved street section has
(6.9 been in service ten years.
SECTION V.
PERIMETER STREET CONSTRUCTION
(1) Minimum lane construction. In the event that the City Council determines that a
Developer should construct or improve a perimeter street in lieu of a paying a perimeter street fee,
the Developer will be required to construct a minimum of two full lanes, in full conformance with
the interim or ultimate standards established by the Thoroughfare Plan.
(2) Surface overlay alternative. The City Council may,through the Developer's
Agreement, approve as an alternative the overlaying of the existing perimeter street surface(s) with
a minimum of two inches (2") of hot mix asphaltic concrete (HMAC) for the full width of the
(11160, 6
7 - - 7
SCNDRDNG.WPD
February 1, 1995
existing perimeter street adjacent to and extending from the development to the nearest street which
has been improved to current City standards. This alternative of overlaying the existing road
surface(s) may be authorized by the City Council only when the overlay improvement of the road
serves the City's best interest and meets the needs of the neighborhood and community in the
development area.
(3) Construction cost reimbursement. Any Developer constructing the entire ultimate
street surface of a perimeter street may be eligible to receive a rebate of a portion of the cost of the
perimeter street when development activity occurs on the opposite side of the street right-of-way in
accordance with Section IV(4) of this ordinance.
If the Developer is required to construct the ultimate roadway section, then the City will
reimburse the Developer in an amount equivalent to one-sixth(1/6th)of the total cost of constructing
the minimum two lanes or one-third (1/3rd) the total cost of constructing the entire road together
with ancillary improvements. The City may credit the reimbursement against eligible development
fees owed,but no credit allowed by the City shall ever exceed one-half of the total development fees.
Any approved reimbursement will occur the year following the expiration of the required paving
maintenance bond.
Cie 7
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(rie SCNDRDNG.WPD
February 1, 1995
SECTION VI.
LIMITATION ON CONSTRUCTION AND FEES;
ADJUSTMENT
(1) Limitation. The requirements of this ordinance are based upon the reasonable
minimum standards which are designed to compensate for the effects of development upon city
streets. No construction or payment of fees shall be required under this ordinance in excess of
those requirements directly attributable to or directly benefiting the particular development.
(2) Adjustment. The City Council may, in appropriate cases and based upon
specific facts presented, authorize an adjustment, offset or wavier of any construction or fee
payment requirements under this ordinance where it is determined that such requirements place
an unreasonable burden on the development and do not bear a rough proportionality to the
(hrie
requirements necessary to serve the development.
SECTION VII.
CUMULATIVE CLAUSE
This ordinance shall be cumulative of all provisions of ordinances of the City of
Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the
provisions of such ordinances, in which event the conflicting provisions of such ordinances are
hereby repealed.
(10., 8
7/-?
SCNDRDNG.WPD
February 1, 1995
SECTION VIII.
SEVERABILITY CLAUSE
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause,
sentence,paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence,paragraph
or section.
(ivySECTION IX.
PUBLICATION IN PAMPHLET FORM
The City Secretary of the City of Southlake is hereby authorized to publish this ordinance
in book or pamphlet form for general distribution among the public, and the operative provisions
of this ordinance as so published shall be admissible in evidence in all courts without further
proof than the production thereof
(hipe 9
7/-7°
(tor, SCNDRDNG.WPD
February 1, 1995
SECTION X.
PUBLICATION IN OFFICIAL NEWSPAPER
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance or its caption and penalty together 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,the City Secretary shall additionally publish
this ordinance in the official City newspaper one time within ten days after passage of this
ordinance, as required by Section 3.13 of the Charter of the City of Southlake.
SECTION XI.
(hre EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and publication
as required by law, and it is so ordained.
(kiw 10
7/—i'
City of South lake,Texas
MEMORANDUM
February 2, 1995
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Resolution No. 95-65, Amending the Fee Schedule to Include the Perimeter
Street Fee
Attached is Resolution No. 95-05 that will create the Perimeter Street Fee cost calculation. The
Perimeter Street Fee (see Exhibit "A") will add the per linear foot estimates to the Schedule of
Fees, Section III, Public Works Activities. Presently the cost is calculated at $50,000 per mile
or $9.47 per linear foot.
There are two columns in Exhibit "A" that have been calculated; per linear foot cost without
drainage and per linear foot with drainage for your consideration. A unit price chart used in cost
estimates and the supporting calculations for each roadway classification is attached as provided
by Cheatham and Associates.
Please place this on the February 7, 1995 agenda.
BW/sm
Attachments: Resolution No. 95-05
Current Resolution No. 94-46
Exhibit "A"
Oheatham and Associates Cost Estimates
City of Southlake,Texas
RESOLUTION NO. 95-05
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS,
AMENDING RESOLUTION NO. 94-46 BY INCLUDING AN
EXHIBIT "A" FOR PERIMETER STREET FEES; PROVIDING
THAT THIS RESOLUTION SHALL BE CUMULATIVE OF ALL
PROVISIONS OF RESOLUTION NO. 94-46; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Southlake heretofore
adopted Ordinance No. 592 providing for the adoption of fees and
revisions thereto from time to time by resolution; and
WHEREAS, the City Council with Resolution No. 94-46 set a schedule
of fees for certain services; and,
WHEREAS, the City Council has reviewed the perimeter street fees
and has determined that said fees should be included in the fee
schedule.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
Section 1. That Schedule of Fees, Section III, Public Works Activities,
is amended by adding:
#26 . Perimeter Street Fee See Exhibit "A"
Section 2 . That this resolution shall be cumulative of all provisions
of Resolution No. 94-46 of the City of Southlake, Texas, except where
the provisions of this resolution are in direct conflict with provisions
of such resolution, in which event the conflicting provisions of such
resolution are hereby repealed.
Section 3 . That the fee established herein shall be effective upon
passage of this Resolution and shall take precedence over any fees
previously adopted which are in conflict herewith.
PASSED AND APPROVED this the day of , 1995 .
CITY OF SOUTHLAKE, TEXAS
ATTEST: Gary Fickes, Mayor
Sandra L. LeGrand
City Secretary
(hie B:95-05RES.FEE/ORD&RES/kb
7� a
Exhibit "A"
January 25, 1995
PER-LINEAR-FOOT COST ESTIMATES - IN 1994 DOLLARS
Roadway Cost Cost
Classification Per Linear Foot Per Linear Foot
w/o Drainage w/Drainage
Arterial -Interim 24' Section
No Curb & Gutter-4" HMAC $ 55.00 $ 95.00
Arterial - Interim 48' Section
No Curb& Gutter-4" HMAC $ 95.00 $ 185.00
Arterial-Ultimate A4D Boulevard
Section- With Curb& Gutter $ 150.00 $ 200.00
Arterial -Ultimate A4D Boulevard
Section- With Curb & Gutter- 6" PCC $ 175.00 $ 230.00
Arterial -Ultimate A5U Undivided Section
With Curb & Gutter- 7" HMAC $ 175.00 $ 235.00
Arterial -Ultimate A5U Undivided Section
With Curb & Gutter- 6" PCC $ 210.00 $ 280.00
Arterial -Ultimate A4U Undivided
Section- With Curb & Gutter- 7" HMAC $ 135.00 $ 180.00
Arterial -Ultimate A4U Undivided
Section- With Curb& Gutter- 6" PCC $ 160.00 $ 215.00
Collector- Interim 24' Section
No Curb & Gutter-4" HMAC $ 55.00 $ 95.00
Collector- Interim 48' Section
No Curb & Gutter-4" HMAC $ 95.00 $ 185.00
Collector-Ultimate C2U Section
With Curb& Gutter- 7" HMAC $ 110.00 $ 145.00
L
��, -3
Roadway Cost Cost
Classification Per Linear Foot Per Linear Foot
w/o Drainage w/Drainage
Collector- Ultimate C2U Section
With Curb& Gutter- 6" PCC $ 125.00 $ 165.00
Residential Street- R2U Residential Street or
Cul De Sac - 31' Section
With Curb& Gutter- 6" HMAC $ 80.00 $ 105.00
Residential Street-R2U Residential Street or
Cul De Sac- 31' Section
With Curb & Gutter- 5" PCC $ 100.00 $ 135.00
HMAC =Hot Mix Asphaltic Concrete
PCC =Portland Cement Concrete
PLF=Per Linear Foot
W:\SOUTHLAK\COSTEST.2
C
C
Activity Fee
cry, 8 . House Moving Permit $ 10 . 00 + $1, 000
Surety Bond + 1 . 5 x
hourly rate of 2
police officers
utilized in the move
9 . Solicitation/Vendor Permit $ 35 . 00 (Co. license)
+ $10 . 00 / Agent
+ $1, 000 Surety Bond
10 . Seasonal Permits $ 25 . 00
11 . Vital Statistics :
Certificate of Death $ 9 . 00 / 1st copy
3 . 00 each add' l
copy at time of
initial request
Certificate of Birth $ 11 . 00 / copy
II . Community Development Activities
Activity Fee
(isr, 1 . Board of Adjustment requests $200 . 00/request
2 . Amendment to Zoning Ordinance $200 . 00/request
3 . Zoning Only $200 . 00 + $10/Acre
4 . Concept Plan Only $200 . 00 + $10/Acre
5 . Zoning & Concept Plan $300 . 00 + $10/Acre
6 . Zoning and Site Plan $300 . 00 + $10/Acre
7 . Zoning/Concept & Site Plan $500 . 00 + $10/Acre
8 . Specific Use Permit $200 . 00 + $10/Acre
9 . Site Plans $300 . 00 + $10/Acre
10 . Amended Plat s 4 lots $200 . 00 + $20/Lot/Res
$200 . 00 + $20/Ac/Comm
11 . Amended Plat > 4 lots $300 . 00 + $20/Lot-Res
$300 . 00 + $20/Ac. -Comm
12 . Plat Showing (1 lot) $200 . 00 + $20/Lot-Res
(111., $200 . 00 + $20/Ac/Comm
13 . Plat Showing (multiple lots) $300 . 00 + $20/Lot-Res
$300 . 00 + $20/Ac . -Comm
T? - 6
f ,
Activity Fee
cr, 14 . Preliminary Plat (Non-P.U.D) $300 . 00 + $20/Lot-Res
$300 . 00 + $20/Ac . -Comm
15 . Preliminary Plat (P.U.D. ) $300 . 00 + $30/Lot-Res
$300 . 00 + $30/Ac . -Comm
16 . Final Plat (Non-P.U.D. ) $300 . 00 + $20/Lot-Res
$300 . 00 + $20/Ac. -Comm
17 . Final Plat (P.U.D. ) $300 . 00 + $30/Lot-Res
$300 . 00 + $30/Ac . -Comm
18 . Plat Revision $300 . 00 + $20/Lot-Res
$300 . 00 + $20/Ac. -Comm
19 . Plat Vacation $200 . 00 Flat Fee
20 . Rush Plat Filing $300 . 00 Flat Fee
21 . Two-County Filing $ 50 . 00 Flat Fee
22 . Extra Plat Page Filing $ 20 . 00 Flat Fee
23 . Mapping (1 :1000) -Blueprint $ 20 . 00 per Map
-Color $ 30 . 00 per map
(liow, 24 . Mapping (1 :2000) -Black/White $ 5 . 00 per Map
-Color $ 10 . 00 per map
25 . Mapping 11"x17" plat reduction copies $ 2 . 00 per map
26 . Street Name Change $100 . 00 per Street
27 . Temporary Batch Plant Permit $ . 00 per Permit
28 . Tree Removal Permit $ . 00 per Permit
29 . Parkland Dedication- Raw acreage cost $25, 000 . 00 per acre
III . Public Works Activities
Activity Fee
1 . Administrative Processing Fee 2% Actual Const . Cost
2 . Computer Drainage Study:
HEC I : $400 . 00 + $ . 10/Lin.Ft .
HEC II : $400 . 00 + $ . 10/Lin.Ft .
Lie 3 . Construction Inspection 3% Actual Const . Cost
4 . Street Cut Permit $ 15 . 00 per Street
7 - 7
Activity Fee
(ilow, 5 . Easement Abandonments $150 . 00 Flat Fee
6 . R.O.W. Abandonments $150 . 00 Flat Fee
7. Easement/R.O.W. Dedications $100 . 00 per Easement
8 . Water Tap Fee 1" Meter
- $ 360 . 00
2" Meter - $ 600 . 00
4" Meter - $ 1, 900 . 00
6" Meter - $ 2, 777 . 00
8" Meter - $ 4 , 054 . 00
9 . Sewer Tap Fee $ 75 . 00
10 . Water Administrative Service Charge $ 15 . 00
11 . Water Deposits :
Residential Accounts $ 50 . 00
Commercial Accounts Reviewed by Utility
Billing Coordinator
(we 12 . Fire Plug Meter Deposit (City Meter) $650 . 00
Fire Plug Meter Deposit (Own Meter) $100 . 00
13 . Water Reconnect Fees for Non-Payment, Business Days Only:
8 a.m. -5 p.m. : lst/2nd/3rd & subsequent $ 20 / $ 40 / $ 60
After 5 p.m. : lst/2nd/3rd & subsequent $ 40 / $ 60 / $ 80
Weekends, anytime $ 40 / $ 60 / $ 80
14 . Water Meter Re-installation Fee $ 50 . 00
15 . Water Meter Reread Fee $ 5 . 00
16 . Damaged or Broken Lock $ 25 . 00
17 . Late Utility Payment Fee 50 of Outstanding Bal .
18 . Street Light Costs Developer pays installation
+ 2-year operation cost
19 . Building Permit Fees Per the currently
adopted U.B.0
(Administrative Code)
(1,,, 20 . Water Well Permit $ 42 . 00
Activity Fee
(low 21 . Tent Permit $ 15 . 00
22 . Sign Permit, Permanent Type (1 - 50 sq. ft . ) $ 50 . 00 minimum
Sign Permit, Permanent Type (> 50 sq. ft . ) $ 1 . 00 / sq. ft .
Sign Permit, Temporary Type $ 25 . 00
Illuminated Sign, Electrical Permit (in $ 35 . 00
addition to above)
23 . Request for Variance to Sign Ordinance $100 . 00/request
24 . Culvert and/or Approach Permit $ 42 . 00
25 . Building Contractor' s Registration Fee $ 75 . 00
IV. Park Activities
Activity Fee
1 . Non-profit Organizations :
(kw Annual Registration Fee $ 25 . 00
Security Deposit $ 50 . 00 (refundable)
Special Events Fee :
Lodge in the Park $ 10 . 00/Hr.
(3 Hr. Minimum)
Community Building $ 15 . 00/Room/Hr.
(3 Hr. Minimum)
$ 75 . 00/Hr. (Entire Bldg. )
(3 Hr. Minimum)
2 . Other Citizens or Groups :
Security Deposit $ 50 . 00 (refundable)
Special Events Fee :
Lodge in the Park $ 10 . 00/Hr.
(3 Hr. Minimum)
Community Building $ 15 . 00/Room/Hr.
(3 Hr. Minimum)
$ 75 . 00/Hr. (Entire Bldg. )
(3 Hr. Minimum)
(time 3 . Ballfield Fees :
No Lights $ 7 . 50/1 . 5 hr.
Lighting Fee $ 15 . 00/1 . 5 hr.
Activity Fee
(re Field Preparation Fees:
Weekday Games $ 25 . 00/field
Weekend Games $ 37 . 50/field
4 . Organized Athletic Programs $1, 000, 000 . 00 General
Liability Insurance Policy
5 . TV/VCR Rental Fee $ 5 . 00/Use
6 . Tennis Racket Rental Fee $ 1 . 50/Hr. /Person
Section 2 . Payment of Fees : All fees as established herein shall be
paid upon the submittal of the appropriate request to the City. No
action shall be taken by the City until such time as the applicable fees
are paid in full .
Section 3 . Effective Date : The fees established herein shall be
effective upon passage of this Resolution and shall take precedence over
any fees previously adopted which are in conflict herewith.
PASSED AND APPROVED this the day of
L
CITY OF SOUTHLAKE, TEXAS
By:
Gary Fickes, Mayor
ATTEST:
Sandra L. LeGrand
City Secretary
APPROVED AS TO FORM:
City Attorney
City of Southlake, Texas
L
��-/D
CHEATHAM REC` i !D
AND J A N 2 i 95
(Ihr ASSOCIATES DEPT.OF PUBLIC WORKS
January 27, 1995
Mr. Bob Whitehead, P.E.
Director of Public Works
City of Southlake
667 N. Carroll Ave.
Southlake, TX 76092
Re: Estimated Costs for Perimeter
Streets to be used in Perimeter
Street Ordinance
Dear Mr. Whitehead:
Enclosed herewith are cost estimates for each of the typical street sections which were
proposed in the City's thoroughfare plan. Also, we have enclosed a listing of the unit prices
used in the calculations.
Previously, cost estimates have been presented which may differ somewhat from these. The
primary reason for this, is that the previous estimates were prepared from bid tabulations, or
using unit prices form past bid tabulations, and adjusting for 1994 prices.
To avoid any confusion in the future, we have recalculated all the estimates using fixed unit
prices throughout each street section. As you know, unit prices are not constant, and will vary
from project to project, depending upon each particular situation. But, however, we have
based all calculations upon figures which we feel are fair, and generally representative of
today's construction costs.
There are several additional costs which are present on most projects. These include right-of-
way preparation and clearing, valve and manhole adjusting, utility relocations, right-of-way
acquisition, traffic control during construction, barricading, erosion control, engineering,
surveying, and possibly others. These costs vary from project to project, but the items listed
in the cost estimates are required for all street projects. Therefore, we have added an item for
miscellaneous costs, to each estimate. This cost is only $5.00 per foot. The City may desire
to adjust this figure, if you feel that this is not adequate to cover some of the additional costs.
Finally, the estimates are listed both with and without drainage. The cost of parallel storm
drain facilities will vary considerably from one project to the next. We have added an
additional cost of 33% to each of the estimates, except for the interim sections, to allow for
the construction of a drainage system. The cost of ditches, culverts, headwalls, etc. for the
interim sections, have been shown to be considerably more than 33% more than the cost
without drainage. This is based upon actual bid prices on N. Carroll.
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
74-,i
Mr. Bob Whitehead January 27, 1995
City of Southlake Page 2
The City Council may wish to only charge the developers for the street, without drainage, and
then an additional fee for a percentage of the drainage, on a case by case basis. As we have
mentioned previously, this would create a considerable amount of work, on someone's part, to
calculate the cost of each drainage system prior to development. If the City feels that this
procedure would be too extensive, just for the purpose of arriving at the perimeter street fee,
perhaps a percentage figure could be agreed upon, which everyone involved would feel was
fair.
Hopefully, these cost estimates will be of assistance to you. If you have any questions, please
give us a call.
Respectfully,
Eddie Cheatham, P.E.
\ESTIMAT.CST
Enclosure
L
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UNIT PRICES USED
IN COST ESTIMATES
Lime Stabilization $ 1.50/S.Y.
Lime $77/TON
Curb & Gutter $8/FT.
7" HMAC $12.50/S.Y.
6" HMAC $10.75/S.Y.
4" HMAC $8.00/S.Y.
2" HMAC $5.00/S.Y.
6" PCC $19.50/S.Y.
5" PCC $17.75/S.Y.
6" Stabilization 6" PCC
8" Stabilization 7" HMAC
Lime 48#/S.Y. (6")
Lime 64#/S.Y. (8")
Excavation $6/C.Y.
Cut of Excavation Avg. 1.50' Cut
Intergal Curb $6/Ft.
6" Stone Shoulder $4.00/S.Y.
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A4D 7" HMAC (48' PAVEMENT)
Stabilization:
30)) 2)/9 = 6.67 S.Y.
6.67) (1.50) _ $ 10.01
Lime:
(64)2000 (77)
$ 16.51
7" HMAC:
(48/9) (12.50) _ $ 66.67
Excavation:
1.5) (60 /27 = 3.33 C.Y.
3.33) (63 = $ 19.98
Curb & Gutter:
(4) (8) _ $ 32.00
(lire Misc. Costs: _ $ 5.00
Total $ 150.17/FT.
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A4D 6" PCC (48' PAVEMENT)
(kkr,
Stabilization:
�6) (1(250) = 6.00 S.Y. $ 9.00
Lime:
(48)2000 (77)
$ 11.09
6" PCC:
(50/9) (19.50) _ $ 108.33
Excavation:
%)/27 _ 3.0 C.Y. $ 18.00
Integral Curb:
(4) (6) _ $ 24.00
(roe Misc. Costs: _ $ 5.00
Total $ 175.42/FT.
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Stabilization:
70)/9 = 7.78 S.Y.
7.78) (1.50) _ $ 11.67
Lime:
(64) 7.78) (77)
$ 19.17
7" HMAC:
(66/9) (12.50) _ $ 91.67
Excavation:
1.5) (70 /27 = 3.89 C.Y.
3.89) (6) _ $ 23.34
Curb & Gutter:
(2) (8) _ $ 16.00
Striping: _ $ 10.00
Misc. Costs: _ $ 5.00
Total $ 176.85/FT.
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A5U 6" PCC (63' PAVEMENT)
Stabilization:
65))/9 = 7.22 S.Y.
7.22) (1.50) _ $ 10.83
Lime:
(48) 7.22) (77)
000 = $ 14.27
6" PCC:
(63/9) (19.50) _ $ 136.50
Excavation:
1.5) (65 /27 = 3.61 C.Y.
3.61) (6) _ $ 21.66
Integral Curb:
(2) (6) _ $ 12.00
(kir Striping: _ $ 10.00
Misc. Costs: _ $ 5.00
Total $ 210.26/FT.
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Misc. Costs: _ $ 5.00
Total $ 135.00/FT.
L
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2.83) (6� _ $ 16.98
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(2) (6) _ $ 12.00
Misc. Costs: _ $ 5.00
Total $ 159.14/FT.
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(2) (6) _ $ 12.00
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(48) (3.67) (77)
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(31/9) (17.75) _ $ 61.14
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(2) (6) _ $ 12.00
(kome Misc. Costs: _ $ 5.00
Total $ 101.41/FT.
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Lime:
(48) (3.78) (77)
2000 = $ 6.99
4" HMAC:
(24/9) (8.00) _ $ 21.33
Excavation:
1.5) (34 /27 = 1.89 C.Y.
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8)/9 0.89 S.Y.
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Misc. Costs: _ $ 5.00
Total $ 53.89/FT.
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INTERIM 48' SECTION 4" HMAC (48' PAVEMENT)
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Stabilization:
58)/9 = 6.44 S.Y.
6.444) (1.50) _ $ 9.66
Lime:
(48) (6.44) (77)
2000 = $ 11.90
4" HMAC:
(48/9) (8.00) _ $ 42.67
Excavation:
(1.5) (58)/27 _ 3.22 C.Y.
(3.22) (6 $ 19.32
Shoulder: 6" Stone
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Misc. Costs: • _ $ 5.00
Total $ 92.11/FT.
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L
4_ 3/
City of Southlake,Texas
MEMORANDUM
February 3, 1995
TO: Curtis E. Hawk, City Manager
FROM: Karen P. Gandy,Zoning Administrator
SUBJECT: ZA 94-85 Versailles Rezoning, Ordinance No. 480-143
Attached is a letter from the developer,John F.Dickerson,requesting that the above-referenced case
be tabled until February 21, 1995. His associate, Mr. Plunk, would like to address the Council
regarding a possible amendment to their request.
Staff has also included the current complete packet for Versailles for Council's reference.
KPG
VERSAILLES, LTD.
8333 DOUGLAS AVENUE, SUITE 1300
DALLAS, TEXAS 75225
L
February 2, 1995
Ms. Karen Gandy
Zoning Administrator
CITY OF SOUTHLAKE
667 North Carroll Avenue
Southlalce, Texas 76092
RE: 2A 94-85 REZONING AND DEVELOPMENT PLAN/VERSAILLES
Dear Karen:
We are in the process of addressing and resolving certain items pertaining to the above
mentioned zoning case. We believe these can be resolved prior to the next meeting.
(116., We respectfully request that the Council continue 2A 94-85 until the February 21, 1995 meeting.
We appreciate the city's consideration in this matter.
Sincerely,
VERSAILLES, LTD.
John F. Dickerson
JFD/bd
L
TOTAL P.02
City of Southlake,Texas
MEMORANDUM
February 3, 1995
TO: Curtis E. Hawk, City Manager
FROM: Karen P. Gandy, Zoning Administrator
SUBJECT: ZA 94-85 Rezoning and Development Plan/Versailles/Ordinance No. 480-143
REQUESTED ACTION: Rezoning and Development Plan of Versailles, being a 78.046 acre
tract of land situated in the J.W. Hale Survey,Abstract No. 803,Tracts
lA and lA3
This development proposes 144±residential lots with a density of 1.85
du/acre.
LOCATION: East Side of South Carroll Ave.,North Side of East Continental Blvd.
OWNER: Kercho Kochweop Partnership
APPLICANT: Versailles, Ltd., John Dickerson, Agent
CURRENT ZONING: "SF-20B" Single-Family Residential District
REQUESTED ZONING: "R-P.U.D." Residential Planned Unit Development
LAND USE CATEGORY: Medium Density Residential
NO. NOTICES SENT: Eighteen (18)
RESPONSES: Five written responses were received within the 200' notification area:
* Paul L. Schell, 620 S. Carroll Ave., opposed; concerns are the
devaluation of property, increased taxes, increased crime potential,
and this will lower the quality of life.
* Harvey Miller,2847 Canyon Dr., Grapevine,TX, opposed; does not
understand the proposed zoning.
* Theron Sr. & Dorothy Ragan, 1512 Rainbow St., opposed; they are
opposed to the proposed route of Carroll& Carlisle Ln. coming
through their property and they are opposed to the downzoning from
"SF-20" to "R-P.U.D."
* Sylvia Smith, 501 S. Carroll Ave., opposed.
* Steve and Brenda Ryan, 1000 S. Carroll Road, in favor if certain
guidelines are followed; move the entrance into the development so
Qv- that it is not directly across from their property, widen the roads to
allow for the increased traffic, and place landscape around the
development such as a brick wall with shrubs.
City of Southlake,Texas
P &Z ACTION: August 4, 1994; Approved (6-0-1) to table ZA 94-85 at Applicant's
request to the September 8, 1994 Planning and Zoning Meeting and
continue the Public Hearing.
September 8, 1994; Approved (6-0) Applicant's request to table
ZA 94-85 via letter received from John F. Dickerson on August 23,
1994 to the September 22, 1994 Planning and Zoning Meeting and
continue the Public Hearing.
September 22, 1994; Approved (4-0-1) Applicant's request to table
ZA 94-85 to the October 20, 1994 Planning and Zoning Meeting and
continue the Public Hearing.
October 20, 1994; Approved (7-0) Applicant's request to table
ZA 94-85 to the December 8, 1994 Planning and Zoning Meeting and
continue the Public Hearing.
December 8, 1994; Approved (7-0) Applicant's request to table
ZA 94-85 to the January 5, 1994 Planning and Zoning Meeting and
continue the Public Hearing.
January 5, 1995; Approved (4-0-1) ZA 94-85, Rezoning and
Development Plan for Versailles,subject to the Plan Review Summary
dated December 30, 1994, and including the following additional
stipulations to the Development Regulations: a) side yards adjacent to
street shall not be less than 20' (changed from 15'); b) average lot size
is 15,000 sq. ft. and it should be noted that 85 lots shall be 13,000-
14,000 sq. ft., 15 lots shall be 14,000-15,000 sq. ft., 28 lots shall be
15,000-20,000 sq. ft., and 16 lots shall be over 20,000 sq. ft. If this
total number of lots for the development cannot be obtained, then the
numbers should follow this proportion as closely as possible; c)
minimum floor area shall be 2,200 sq. ft. (increased from 1,800); d)
PUD zoning to be approved subject to a density not to exceed 1.7
dwelling units per acre; e) number of lots shall not exceed 135 total
lots; 0developer will provide a street stub roughly halfway on the
midpoint of the north property line; g) #6 on development plan be
clarified such that it is clear that new Carroll will be built concurrently
with Phase 2 of the development; h) agreement to work with Staff to
resolve the street alignment situation pertaining to the Ryan property
on the west.
COUNCIL ACTION: January 17, 1995; Approved (7-0) to table ZA 94-85 to the
February 7, 1995 City Council Meeting.
(itripv
2A,(1
City of Southlake,Texas
STAFF COMMENTS: Applicant has met all the review comments of the fourth Plan Review
Summary dated January 13, 1995, with the exception of those items
addressed in the attached fifth Plan Review Summary dated
February 3, 1995.
Note that two of the property owners within the 200' notification
area (William E. Minor and Juanita Peters) who were formerly
opposed to this request have withdrawn their opposition and are
now in favor of the proposal. However,opposition received from
other homeowners within the 200' notification area comprise more
than 20% of the land area, and approval of this request will
require a super-majority vote of the Council.
942k
KPG/bls
(ter
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ALTERNATIVE THOROUGHFARE ALIGNMENTS
City of Southlake,Texas
PLAN REVIEW SUMMARY
Case No: ZA 94-85 Review No: Five Date of Review: 2/03/95
Project Name: Development Plan for"R-P.U.D." Rezoning Request for Versailles,being 78.046 Acres
OWNER/APPLICANT: ENGINEER/PLANNER/ARCHITECT:
Kercho Kochweop Partnership
3825 Lake Austin Blvd.
Suite 504
Austin.Texas 75225
Carter&Burgess. Inc.
7950 Elmbrook. Suite 250
Dallas. Texas 75247
Phone: Phone: (214) 638-0145
Fax: Fax: (214) 638-0447
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/23/95 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAN
APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED
FURTHER CLARIFICATION,PLEASE CONTACT KAREN GANDY AT(817)481-5581,EXT.744,OR DENNIS KILLOUGH
AT(817)481-5581 EXT.787.
1. Delete the reference to lane size and number of lanes from statement# 10 of the "Notes".
2. Delete statement # 11 from the "Notes".
3. Provide a street stub from street'I'to the north boundary line of the project tract(Ordinance No.483-
5.03-K-1).
4. All corner lots shall have setback lines on both streets equal to the front setback line as required by
*
the Zoning Ordinance. The applicant has complied with the requirement in'Review Three' regarding
reverse frontage lots. However, the Planning and Zoning Commission recommended 20' on all
remaining "second" front yards ("side yard adjacent to street").
Prior to submitting the preliminary plat,meet with City Staff to resolve the issue of Right-of-Way
access to Street'A' and Street'E' for the Wright tract.
* The applicant should be aware that landscape and irrigation plans must be submitted with
construction plans 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 and Sewer Impact Fee, and
related permit fees.
* Denotes an informational comment.
cc: Kercho Kochweop Partnership
C.' Carter and Burgess
Versailles,Ltd.
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CITY OF SOUTHLAKE,TEXAS
ORDINANCE NO. 480-143
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS
AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF
THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING
CHANGE ON A CERTAIN TRACT OR TRACTS OF,LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING4706
n
ti , ,AND
���. �.__�.<,s ..,. ...�.� _�.�.'�� r MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A"
FROM
I SST SUBJECT TO THE SPECIFIC REQUIREMENTS
CONTAINED IN THIS ORDINANCE; CORRECTING THE
OFFICIAL ZONING MAP; PRESERVING ALL OTHER
PORTIONS OF THE ZONING ORDINANCE; DETERMINING
THAT THE PUBLIC INTEREST, MORALS AND GENERAL
WELFARE DEMAND THE ZONING CHANGES AND
AMENDMENTS HEREIN MADE; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
(re 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"" F,.20B'"Single
Residentialwictunder the City's Comprehensive Zoning Ordinance; and
WHEREAS,a change in the zoning classification of said property was requested by a person
or corporation having a proprietary interest in said property; and
WHEREAS,the City Council of the City of Southlake,Texas, at a public hearing called by
(me the City Council did consider the following factors in making a determination as to whether these
G:\ORD\ZON NG\480.143
Page I
changes should be granted or denied: safety of the motoring public and the pedestrians using the
facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise
producing elements and glare of the vehicular and stationary lights and effect of such lights on
established character of the neighborhood; location,lighting and types of signs and relation of signs
to traffic control and adjacent property; street size and adequacy of width for traffic reasonably
expected to be generated by the proposed use around the site and in the immediate neighborhood;
adequacy of parking as determined by requirements of this ordinance for off-street parking facilities;
location of ingress and egress points for parking and off-street loading spaces, and protection of
public health by surfacing on all parking areas to control dust; effect on the promotion of health ad
the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the
concentration of population, and effect on transportation,water, sewerage, schools,parks and other
public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the view
to conserve the value of the buildings,and encourage the most appropriate use of the land throughout
this City; and,
WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a public
necessity for the zoning changes, that the public demands them, that the public interest clearly
requires the amendments,and that the zoning changes do not unreasonably invade the rights of those
who bought or improved property with reference to the classification which existed at the time their
original investment was made; and,
WHEREAS, theCityCouncilof theCity
C ty 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:
O:\ORDAZON W G\480.143
Page 2
3tk- I3
Being a 8. 6 acre tract of land situated in the J.W.Hale St ve , ,; s :I
(we Tactsand1"sand more fully and completely described m Exhibit"A" attached
hereto and incorporated herein, from' F 20B" Single-- ilyR f `
to ".R U.D' �esid �s 044.00nit,De elopme ct:a.
s�' �� �� � ���;�s z, :, 4Fh,rrs .�.«�a,t.;; �'�ii � 3t F i
;. opm ri% la attacchec ert t rid incorporatedh `
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
G:\ORD\ZONING\480.143
Page 3
such accrued violations and all pending litigation,both civil and criminal, whether pending in court
or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted
until final disposition by the courts.
Section 9. The City Secretary of the City of Southlake is hereby directed to publish the
proposed ordinance or its caption and penalty together with a notice setting out the time and place
for a public hearing thereon at least ten (10)days before the second reading of this ordinance, and
if this ordinance provides for the imposition of any penalty,fine or forfeiture for any violation of any
of its provisions,then the City Secretary shall additionally publish this ordinance in the official City
newspaper one time within ten(10)days after passage of this ordinance, as required by Section 3.13
of the Charter of the City of Southlake.
Section 10. This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the day of , 1995.
MAYOR
ATTEST:
L
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 1995.
MAYOR
ATTEST:
CITY SECRETARY
L
G:\ORD\ZONING\480.143
Page 4
S1c �s
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
L
L
G:\ORD\ZON1NG\480.143
Page 5
�A1L
EXHIBIT "A"
BEING A 78.05 ACRE TRACT OF LAND SITUATED IN THE J. W. HALE SURVEY, ABSTRACT
NUMBER 803,TARRANT COUNTY,TEXAS,AND BEING A PORTION OF THAT CERTAIN TRACT
OF LAND CONVEYED TO MARVIN KERCHO, AND DESCRIBED IN DEED RECORDED IN
VOLUME 3241. PAGE 415. DEED RECORDS, TARRANT COUNTY, TEXAS,BEARING BASIS IS
PLAT FILED IN CABINET A, SLIDE 1707, TIMARRON ADDITION,WINDSOR CREEK, PHASE 1,
PLAT RECORDS,TARRANT COUNTY,TEXAS,AND BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 3/4'iron rod found at the northeast corner of that certain tract of land conveyed
to Sarah Reynolds as described in deed recorded in Volume 2414, Page 583, Deed Records,
Tarrant County, Texas;
THENCE N 89°39'21" W. along the north line of said Reynolds tract, at 189.05 feet, passing a
3/4" iron rod found, a total distance of 210.00 feet to a 5/8' iron rod with plastic cap stamped
"Carter & Burgess' set in Carroll Road for corner, said point also being in the east line of that
certain 4.81 acre tract of land conveyed to Timarron Land Corporation, described in deed
recorded in Volume 10533, Page 235, Deed Records, Tarrant County, Texas:
THENCE N 00°04'05" W, along the approximate centerline of Carroll Road and along the east
line of said 4.81 acre Timarron Land Corporation tract, and also along the east line of those
tracts of land recorded in Deed Records, Tarrant County, Texas, as follows: S. Ryan. Volume
7158, Page 644; Trustees of the Carroll Road Baptist Church,Volume 4929, Page 356; N.Pond,
Volume 7134, Page 944; T. Barnett, Volume 9657, Page 2320; Rucker Family Limited
Partnership, Volume 10432, Page 1162; P. Schell, Volume 2851, Page 198; and C. Prade,
Volume 2835, Page 358, a distance of 2056.61 feet to a 5/8' iron rod with plastic cap stamped
'Carter & Burgess' set for the northwest corner of herein described tract, said point also being
in the south line of LOT 2, BLOCK 1, of the E. A. SMITH SUBDIVISION, that certain 27.625 acre
tract of land conveyed to E. A. Smith, described in plat record Volume 388-t54, Page 91, Plat
Records, Tarrant County, Texas;
THENCE N 89°55'55' E, leaving the east line of said tracts and the said approximate centerline
of Carroll Road, along the south line of said E. A. SMITH-SUBDIVISION. t 397.48 feet to a 5/8'
iron rod with plastic cap stamped 'Carter & Burgess" set in the west line of that certain tract of
land conveyed to THE BRANAN ENTERPRISES, described in deed recorded in Volume 6377,
Page 99, Deed Records, Tarrant County, Texas;
THENCE S 01°16'56" W. leaving the south line of said E. A. SMITH SUBDIVISION, along the
west line of said BRANAN ENTERPRISES tract, 621.41 feet to a 1/2' iron rod found at the
southwest corner of said BRANAN ENTERPRISES tract:
THENCE S 89.'46'40" E. along the south line of said BRANAN ENTERPRISES tract, 19.52 feet
to a 5/8' iron rod found at the northwest corner of that certain 2.52 acre tract of land conveyed
to Charles Hart, described in deed recorded in Volume 3193. Page 361. Deed Records. Tarrant
County. Texas;
THENCE S 01°23'55- E. leaving the south line of said BRANAN ENTERPRISES, along the west
line of said Charles Hart tract, and also along the west line of those tracts of land recorded in
Deed Records, Tarrant County, Texas, as follows: William Minor, Volume 6506. Page 266, and
Harvey Miller, Volume 9165, Page 2165, a distance of 484.26 feet to a 1 :2- iron rod with plastic
cap stamped ' Vogt Engineering" found at the southwest corner of said Harvey Miller tract:
GAORD\ZON NG\480.143
Page 6
ok-
EXHIBIT "A"
L
THENCE S 86°38'45" E, along the south line of said Harvey Miller tract, at 187.94 feet, passing
a 1/2'iron rod with plastic cap stamped'Vogt Engineering'found,a total distance of 208.19 feet
to a 5/8' iron rod with plastic cap stamped 'Carter & Burgess' set in Carlisle Lane. said point
also being in the west line of that tract of land conveyed to N. Brown, described in deed
recorded in Volume 6444. Page 569, Deed Records, Tarrant County, Texas;
THENCE S 00°04'56" W, along the approximate centerline of said Carlisle Lane and
the west line of said N. Brown tract, 1171.77 feet to a 5/8' iron rod with plastic cap stamped
"Carter & Burgess' set in the north line of that certain 17.0 acre tract of land conveyed to
Timarron Land Corporation, described in deed recorded in Volume 10533, Page 235, Deed
Records, Tarrant County, Texas;
THENCE N 89°t 4'05"W. leaving the west line of said N.Brown tract, along the north line of said
Timarron Land Corporation tract, and also along the north line of those tracts of land recorded
in Deed Records, Tarrant County, Texas as follows: Bear Creek Communities, Volume 10351,
Page 2377, and that certain 2.86 acre tract conveyed to Timarron Land Corporation, described
in deed recorded in Volume 10533, Page 235, a distance of 1413.05 feet to a 5/8" iron rod with
plastic cap stamped'Carter& Burgess' set at the southeast corner of the aforementioned Sarah
Reynolds tract;
THENCE N 01°09'53" E, leaving the north line of said 2.86 acre Timarron Land Corporation tract,
along the east line of said Sarah Reynolds tract, at 24.70 feet, passing a 3/4" iron rod found, a
total distance of 211.03 feet to the POINT OF BEGINNING, and containing 78.046 acres
(hie (3,399,664 square feet) of land with 0.55 acres contained in Carlisle Lane, 0.71 acres contained
in Continental Boulevard. and 1.00 acre contained in Carroll Road,leaving a total of 75.786 acres
of land more or less.
(00.,
G:1ORDAZONfNG\480.143
Page 7
• EXHIBIT "B"
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Ordinance No. 480-143
Page 8 %P-‘61
City of Southlake,Texas
MEMORANDUM
February 2, 1995
TO: Curtis E. Hawk, City Manager
FROM: Billy ampbell Director, Department of Public Safety
SUBJECT: Ordinance No. 633, 1st Reading, Amending the Fire Code
Ordinance No. 572
The Uniform Fire Code allows Fire Services to place key boxes on buildings when deemed
necessary. Life and health safety interests of the citizens of Southlake are enhanced by the
use of key boxes. There are several factors which play in this policy decision.
Attached is a proposed amendment to the Uniform Fire Code 1991 edition, Section 10.302
which would provide a better understanding of this requirement and ensure that the response
time for fire, EMS and police is not hindered because of inaccessibility or complicated entry
to the particular areas of commercial buildings, driveway gates or security gates.
There are numerous dwellings within the City with expensively adorned entrance ways,
doors, windows, etc. They are usually alarmed for fire, crime and EMS protection. In the
commercial areas most have expensive entry ways that if denied access by police, fire and
EMS personnel must be partially destroyed to gain entry during those non-business hours.
We established the key box policy several years ago and chose the Knox Box because of the
security and national reputation of these particular key boxes and have had tremendous
cooperation with commercial buildings and gated driveways within the City.
There are currently approximately 52 keyed facilities in Southlake from private gates to
shopping centers and we recommend that Council adopt this amendment.
I am available for any questions or comments that you might have.
r".
87ktr
1( wptMemolKnoxBox.Amd
(,,,0
Pe-/
. FIELDING, BARRETT & TAYLOR, L.L.P.
ATTORNEYS
3400 BANK ONE TOWER
500 THROCKMORTON STREET
FORT WORTH,TEXAS 76102-3821
TELEPHONE(817)332-2580
'(800)318-3400
FAX(817)332-4740
WAYNE K.OLSON
January 27, 1995
Mr. Jerry Williams
Fire Chief
City of Southlake
667 North Carroll Avenue
Southlake, Texas 76092
RE: Knox Boxes
Dear Chief Williams:
Per your request,please find enclosed a proposed ordinance amending Section 10.302
of the 1991 Fire Code to require Knox Boxes for commercial buildings, driveway gates and
security gates. If you have any questions, please let me know.
Very truly yours,
L) f4o
Wayne K. Olson
WKO/wrt
cc: Mr. Curtis Hawk
City of Southlake
667 North Carroll Avenue
Southlake, Texas 76092
f:\files\muni\slake\letters\williams.002
Mr. Jerry Williams
L." January 27, 1995
Page 2
cc: Mr. Billy Campbell
City of Southlake
667 North Carroll Avenue
Southlake, Texas 76092
Mr. Roger Stewart
Fire Marshal
City of Southlake
667 North Carroll Avenue
Southlake, Texas 76092
L
f:\files\muni\slake\letters\williams.002
•
ORDINANCE NO.
Lie
AN ORDINANCE AMENDING ORDINANCE NO. 572, THE FIRE CODE
OF THE CITY OF SOUTHLAKE, TEXAS BY PROVIDING FOR THE
INSTALLATION OF KEY BOXES ON COMMERCIAL BUILDINGS,
DRIVEWAY GATES AND SECURITY GATES; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR
VIOLATIONS HEREOF;PROVIDING A SAVINGS CLAUSE;PROVIDING
FOR PUBLICATION IN PAMPHLET FORM; 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 Local Government Code; and
WHEREAS, the City of Southlake heretofore adopted the Uniform Fire Code (1991
(..„, Edition)with local amendments, as the Fire Code of the City of Southlake,which ordinance
governs fire safety and fire prevention within the city; and
WHEREAS,the city council of the City of Southlake deems it necessary and advisable
to adopt this ordinance providing for the installation of key boxes on commercial buildings,
driveway gates and security gates within the City of Southlake.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
The Uniform Fire Code (1991 Edition) adopted by Ordinance No. 572 is hereby
amended by revising Section 10.302 thereof to read as follows:
f:\files\muni\slake\ordinanc\keybcoc(01-27-94)
e- -
"Key Boxes
Lie
When access is necessaryfor life savingor firefighting purposes,
Sec. 10302. 1�
the chief is authorized to require a key box to be installed in an accessible
location on any commercial building, driveway gate or security gate. The key
box shall be of a type approved the chief and shall contain keys to gain
necessary access as required by the chief."
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances of the City of
Southlake, Texas, except where the provisions of this ordinance are in direct conflict with
the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
(ho ,,, sentences,paragraphs and sections of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the
valid judgment or decree of any court of competent jurisdiction,such unconstitutionality shall
not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
SECTION 4.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
(41‘.." f:\files\muni\slake\ocdinanc\keybcoc(01-27-94) 2
comply with or who resists the enforcement of any of the provisions of this ordinance shall
(kw,
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 5.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of'Ordinance No. 572 or any other ordinances affecting fire
safety which have accrued at the time of the effective date of this ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal, whether pending in
court or not, under such ordinances, same shall not be affected by this ordinance but may
be prosecuted until final disposition by the courts.
SECTION 6.
The City Secretary of the City of Southlake is hereby authorized to publish this
ordinance in book or pamphlet form for general distribution among the public, and the
operative provisions of this ordinance as so published shall be admissible in evidence in all
courts without further proof than the production thereof.
SECTION 7.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance or its caption and penalty together with a notice setting out the time and place
for a public hearing thereon at least ten (10) days before the second reading of this
ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture
f:\files\muni\slake\ordinanc\keybox(01-27-94) 3
for any violation of any of its provisions, then the City Secretary shall additionally publish
this ordinance or its caption and penalty in the official City newspaper one time within ten
days after passage of this ordinance, as required by Section 3.13 of the Charter of the City
of Southlake.
SECTION 8.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED ON FIRST READING ON THIS DAY OF
, 1995.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
, 1995.
MAYOR
ATTEST:
CITY SECRETARY
EFFECTNE:
f:\files\muni\stake\ordinanc\keybao[(01-27-94) 4
8z7
APPROVED AS TO FORM AND LEGALITY:
City Attorney
L
Mies (01-27-94) 5
City of Southlake,Texas
MEMORANDUM
February 2, 1995
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Developer Agreement for Wakefield Addition
The Developer Agreement for Wakefield Addition is attached. (Please note that Lot 7 of the
Addition is currently developed with a residential structure. The City required Lot 7 be
preliminary platted as if it was part of the original property. Wakefield Addition is developing
Lots 1-6 and therefore, all charges are based upon six lots.) This Agreement contains the standard
requirements for the provision of water and sewer. The requirements relating to maintenance
bonds, performance bonds and payment bonds, and fees to be paid to the city are included in the
Agreement. A few conditions are unique to this Addition, which resulted in revision to our
standard agreement. The items are discussed as follows:
Page 9, Section A., OFF-SITE AND/OR SEWER PRO RATA: states that Developer will pay
sewer pro rata. At this time, staff does not have the dollar amounts for sewer pro rata, however,
we will have the figures at the Council meeting.
An additional paragraph is added that will allow Developer to transport any sewage to an
appropriate disposal site designated by the City until the sewer main becomes available.
Page 9, Section B., OFF-SITE DRAINAGE: states that Developer will pay $3,168.18 towards
replacing critical drainage structure. These funds are the Addition's pro rata share for two critical
structures located in West Dove Rd. and North White Chapel. These costs are based upon the
recent Drainage Study completed by Cheatham and Associates.
Page 10, Section C., OFF-SITE WATER: provides for water facilities to be installed in
accordance with plans and specifications and Developer will be responsible for all construction
costs.
Page 10, Section D., PARK FEES: states that Developer will pay park fees in the amount of
$3,000.
Page 10, Section E., PERIMETER STREET FEE: provides for payment of the Perimeter Street
Fee. The Addition abuts North Peytonville Ave. by 237.75 feet, therefore, the fee will be
$2,251.49.
/0a_-!
Curtis E. Hawk, City Manager
Developer Agreement for Wakefield Addition
February 2, 1995
Page 2.
For your information, Wakefield Addition and Pheasant Ridge Addition will be constructed by
the same developer. Please place this on the February 7, 1995 agenda for Council consideration.
BW/sm
Attachments: Developer Agreement
Maps
wp61\wthead.mem\wakefield.agr
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- WAKEFIELD ADDITION
DEVELOPER AGREEMENT
An Agreement between the City of Southlake, Texas, hereinafter referred to as the "City," and
the undersigned Developer, hereinafter referred to as the "Developer," of the
Addition, to the City of Southlake, Tarrant County, Texas, hereinafter referred to as the
"Addition," for the installation of certain community facilities located therein, and to provide city
services thereto. It is understood by and between the parties that this Agreement is applicable to
the contained within the t c Addition and to the off-site improvements necessary to
support the Addition.
I. GENERAL REQUIREMENTS:
A. It is agreed and understood by the parties hereto that the Developer shall employ
a civil engineer licensed to practice in the State of Texas for the design and
preparation of the plans and specifications for the construction of all facilities
covered by this Agreement.
B. Since the Developer is prepared to develop the Addition as rapidly as possible and
is desirous of selling lots to builders and having residential building activity begin
as quickly as possible and the City is desirous of having the subdivision completed
as rapidly as possible, the City agrees to release of the lots after installation
of the water and sewer mains. Framing shall not commence until water quality is
approved by the City and all appropriate Fire Code requirements are satisfied, and
street signs (temporary or permanent) with street names are in place. The
remaining building permits shall be released as soon as the streets are complete.
The Developer recognizes that Certificates of Occupancy for residential dwellings
will not be issued until the supporting public works infrastructure within the
Addition has been accepted by the City, and this will serve as an incentive to the
Developer to see that all remaining items are completed so that final acceptance can
be obtained.
C. The Developer will present to the City either a cash escrow, letters of credit,
performance bond or payment bond acceptable to the City guaranteeing and
agreeing to pay an amount equal to 100% of the value of the construction cost of
all of the facilities to be constructed by the Developer, and providing for payment
to the City of such amounts, up to the total remaining amounts required for the
completion of the Addition if the Developer fails to complete the work within two
(2) years of the signing of this Agreement between the City and Developer. All
bonds shall be issued by a Best-rated bonding company. All letters of credit must
meet the Requirements for Irrevocable Letter of Credit attached hereto and
incorporated herein.
C
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The value of the performance bond, letters of credit or cash escrow will reduce at
a rate consistent with the amount of work that has been completed by the
Developer and accepted by the City. Performance and payment bond, letters of
credit or cash escrow from the prime contractor(s) or other entity reasonably
acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu
of Developer's obligations specified above.
D. The Developer agrees to furnish to the City maintenance bonds, letters of credit
or cash escrow amounting to 20% of the cost of construction of underground
utilities and 50% of the construction cost for 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, letters of credit or cash escrow will be supplied to the City by the
contractors performing the work, and the City will be named as the beneficiary if
the contractors fail to perform any required maintenance.
E. Until the performance and payment bonds, letters of credit or cash escrow required
in Paragraph C has been furnished as required, no approval of work on or in the
Addition shall be given by City and no work shall be initiated on or in said
Addition by Developer, save and except as provided above.
F. It is further agreed and understood by the parties hereto that upon acceptance by
City, title to all facilities and improvements mentioned hereinabove shall be vested
in the City and Developer hereby relinquishes any right, title, or interest in and to
said facilities or any part thereof. It is further her understood and agreed that until the
City accepts such improvements, City shall have no liability or responsibility in
connection with any such facilities. Acceptance of the facilities shall occur at such
time that City, through its City Manager or his duly authorized representative,
provides Developer with a written acknowledgement that all facilities are complete,
have been inspected and approved and are being accepted by the City.
G. On all public facilities included in this agreement for which Developer awards his
own construction contract, Developer agrees to the following procedure:
1. Developer agrees to pay the following:
a. Inspection fees equal to three percent(3%) of the cost of the water,
street, drainage and sanitary sewer facilities, on all facilities
included in this agreement for which Developer awards his or her
own construction contract, to be paid prior to construction of each
phase and based on actual bid construction cost;
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b. Administrative Processing Fee equal to two percent(2%)of the cost
of water, street, drainage and sanitary sewer facilities, on all
facilities included in this Agreement for which Developer awards
his or her own construction contract, to be paid prior to
construction of each phase and based on actual bid construction
cost;
c. Trench testing (95% Standard);
d. The additional charge for inspections during Saturday, Sunday,
holidays, and after normal working hours;
e. Any charges for retesting as a result of failed tests;
f. All gradation tests required to insure proper cement and/or lime
stabilization.
2. The City agrees to bear the expense of:
a. All nuclear density tests on the roadway subgrade (95% Standard);
b. Technicians time for preparing concrete cylinders; and
c. Concrete cylinder tests and concrete coring samples.
The City can delay connection of buildings to service lines or water mains
constructed under this Agreement until said water mains and service lines have
been completed to the satisfaction of and accepted by the City.
H. The Developer and any third party, independent entity engaged in the construction
of houses, hereinafter referred to as Builder will be responsible for mowing all
grass and weeds and otherwise reasonably maintaining the aesthetics of all land and
lots in said subdivision which have not been sold to third parties. After fifteen(15)
days written notice, should the Developer or Builder fail in this responsibility, the
City may contract for this service and bill the Developer or Builder for reasonable
costs. Should such cost remain unpaid for 120 days after notice, the City can file
a lien on such property so maintained.
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
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such City Attorney has approved the instrument. Approval by the City shall not
Col be unreasonably withheld or delayed.
J. Any surety company through which a bond is written shall be a surety company
duly authorized to do business in the State of Texas, provided that the City,
through the City Manager, shall retain the right to reject any surety company as
a surety for any work under this or any other Developer's Agreement within the
City of Southlake regardless of such company's authorization to do business in
Texas. Approval by the City shall not be unreasonably withheld or delayed.
II. FACILITIES:
A. ON SITE WATER:
The Developer hereby agrees to install water facilities to service lots as shown on
the fmal plat of the Addition. Water facilities will be installed in accordance with
plans and specifications to be prepared by the Developer's engineer and reviewed
by the City. Further, the Developer agrees to complete this installation in
accordance with current ordinance and shall be responsible for all construction
costs, materials and engineering. In the event that certain water lines are to be
oversized because of City requirements, the City will reimburse the Developer for
the oversize cost greater than the cost of an 8" line. Additionally, the City agrees
(re to provide temporary water service at Developer's request and expense, for
construction, testing and irrigation purposes only, to individual lots during the
construction of homes, even though sanitary sewer service may not be available to
the homes.
B. DRAINAGE:
Developer hereby agrees to construct the necessary drainage facilities within the
Addition. These facilities shall be in accordance with the plans and specifications
to be prepared by Developer's engineers, reviewd by the City Engineer, and made
part of the fmal 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.
C. STREETS:
1. The street construction in the 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 reviewed
by the City Engineer.
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2. The Developer will be responsible for: a) Installation and two year
Lo- operation cost of street lights, which is payable to the City prior to final
acceptance of the Addition; 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 directed by the Director of Public Works. It is
understood that Developer may put in signage having unique architectural
features, however, should the signs be moved or destroyed by any means
the City is only responsible for replacement of standard signage.
3. All street improvements will be subject to inspection and approval by the
City. No work will begin on any street included herein prior to complying
with the requirements contained elsewhere in this Agreement. All water,
sanitary sewer, and storm drainage utilities which are anticipated to be
installed within the street or within the street right-of-way will be
completed prior to the commencement of street construction on the specific
section of street in which the utility improvements have been placed or for
which they are programmed. It is understood by and between the
Developer and the City that this requirement is aimed at substantial
compliance with the majority of the pre-planned facilities.
It is understood that in every construction project a decision later may be
made to realign a line or service which may occur after construction has
commenced. The Developer hereby agrees to advise the City Director of
Public Works as quickly as possible when such a need has been identified
and to work cooperatively with the City to make such utility change in a
manner that will be least disruptive to street construction or stability.
D. ON-SITE SANITARY SEWER FACILITIES:
The Developer hereby agrees to install sanitary sewerage collection facilities to
service lots as shown on the final plat of the Addition. Sanitary sewer facilities
will be installed in accordance with the plans and specifications to be prepared by
the Developer's engineer and reviewed by the City. Further, the Developer agrees
to complete this installation in compliance with all applicable city ordinances,
regulations and codes and shall be responsible for all construction costs, materials
and engineering.
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E. EROSION CONTROL:
During construction of the Addition 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 streets or affected areas. If the Developer does not remove
the soil from the street within 72 hours, the City may cause the soil to be removed
either by contract or City forces and place the soil within the Addition at the
Developer's expense. All expenses must be paid to the City prior to acceptance
of the Addition.
F. AMENITIES:
It is understood by and between the City and Developer that the Addition may
incorporate a number of unique amenities and aesthetic improvements such as
ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty
signage and accessory facilities. The Developer agrees to accept responsibility for
(„,„ the construction and maintenance of all such aesthetic or specialty item such as
walls, vegetation, signage, landscaping, street furniture, pond and lake
improvements until such responsibility is turned over to a homeowners association.
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
homeowners association. The Developer and his successors and assigns
understand that the City shall not be responsible for the replacement of these
amenities under any circumstances and further agrees to indemnify and hold
harmless the City from any and all damages, loss or liability of any kind
whatsoever by reason of injury to property or third person occasioned by its use
of the public right-of-way with regard to these improvements and the Developer
shall, at his own cost and expense, defend and protect City against all such claims
and demands.
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H. START OF CONSTRUCTION:
Before the construction of the streets,and the water, sewer, or drainage facilities
can begin, the following must take place:
1. Approved payment and performance bonds must be submitted to the City
in the name of the City prior to the commencement of any work.
2. At least six (6) sets of construction plans stamped "Released for
Construction" by the City Engineer must be submitted.
3. All fees required to be paid to the City.
4. Developer's Agreement executed.
5. The Developer, or Contractor shall furnish to the City a policy of general
liability insurance, naming the City as co-insured, prior to commencement
of any work.
6. A pre-construction meeting between Developer and City is required.
III. GENERAL PROVISIONS:
A. Developer covenants and agrees to and does hereby fully indemnify, hold harmless
and defend the City, its officers, agents, servants and employees, from all claims,
suits or causes of action of any nature whatsoever, whether real or asserted,
brought for or on account of any injuries or damages to persons or property,
including death, resulting from or in any way connected with the agreement or the
construction of the improvements or facilities described herein; which indemnity,
shall terminate upon acceptance by the City of such improvements or facilities; and
in addition, the Developer covenants to indemnify, hold harmless and defend the
City, its officers, agents, servants and employees, from and against any and all
claims, suits or causes of action of any nature whatsoever, brought for or on
account of injuries or damages to persons or property, including death, resulting
from any failure to properly safeguard the work, or on account of any act,
intentional or otherwise, neglect or misconduct of the Developer, its contractors,
subcontractors, agents, servants or employees, which indemnity, shall terminate
upon acceptance by the City of such improvements or facilities.
B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County,
Texas.
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C. Approval by the City Engineer or other City employee of any plans, designs or
specifications submitted by the Developer pursuant to this agreement shall not
constitute or be deemed to be a release of the responsibility and liability of the
Developer, his engineer, employees, officers or agents for the accuracy and
competency of their design and specifications. Such approval shall not be deemed
to be an assumption of such responsibility and liability by the City for any defect
in the design and specifications prepared by the consulting engineer, his officers,
agents, servants or employees, it being the intent of the parties that approval by the
City Engineer signifies the City's approval on only the general design concept of
the improvements to be constructed. In this connection, the Developer shall for
a period of two (2) years after the acceptance by the City of Southlake of the
completed construction project, indemnify and hold harmless the City, its officers,
agents, servants and employees, from any loss, damage, liability or expense on
account of damage to property and injuries, including death, to any and all persons
which may arise out of any defect, deficiency or negligence of the engineer's
designs and specifications incorporated into any improvements constructed in
accordance therewith, and the Developer shall defend at his own expense any suits
or other proceedings brought against the City, its officers, agents, servants or
employees, or any of them, on account thereof, to pay all expenses and satisfy all
judgement which may be incurred by or rendered against them or any of them in
connection herewith.
D. This agreement or any part thereof or any interest herein, shall not be assigned by
the Developer without the express written consent of the City Manager, which
shall not be unreasonably withheld or delayed.
E. On all facilities included in this agreement for which the Developer awards his own
construction contract, the Developer agrees to employ a construction contractor
who is approved by the City, and whose approval shall not be unreasonably
withheld or delayed, said contractor to meet City and statutory requirements for
being insured, licensed and bonded to do work in public streets and to be qualified
in all respects to bid on public streets and to be qualified in all respects to bid on
public projects of a similar nature.
F. Work performed under the agreement shall be completed within two (2)years from
the date thereof. In the event the work is not completed within the two (2) year
period, the City may, at its election, draw on the performance bond, letter of credit
or other security provided by Developer and complete such work at Developer's
expense; provided, however, that if the construction under this agreement shall
have started within the two (2) year period, the City may agree to renew the
agreement with such renewed agreement to be in compliance with the City policies
in effect at that time.
-8-
G. The City is an exempt organization under Section 151,309, Tax Code, and the
facilities constructed under this Agreement will be dedicated to public use and
accepted by the City upon acknowledgement by the City of completion under
Paragraph I.F.
1. The purchase of tangible personal property, other than machinery or
equipment and its accessories, repair, and replacement parts, for use in the
performance of this Agreement is, therefore, exempt from taxation under
Chapter 151, Tax code, if the tangible property is:
a. necessary and essential for the performance of the Agreement; and
b. completely consumed at the job site.
2. The purchase of a taxable service for use in the performance of this
Agreement is exempt if the service is performed at the job site and if:
a. this Agreement expressly requires the specific service to be
provided or purchased by the person performing the Agreement; or
b. the service is integral to the performance of the Agreement.
(..„ IV. OTHER ISSUES:
A. OFF-SITE AND/OR SEWER PRO RATA:
;��» 1€ �; $ C k '. 19 [ Illi �@ f r r ✓;�. z7 - "° /,c
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B. OFF-SITE DRAINAGE:
The developer understands that the Drainage Ordinance, Section 6.06-B, requires
that each development contribute on a pro rata basis towards the cost of replacing
critical drainage structures downstream from the development. This development
is within the basin served by the box culvert in ,`
it
,....m ...«.. *$
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D. PARK FEES:
The Developer agrees to pay park fees in conformance with Ordinance No. 483
(Subdivision Ord.), Article VII, Park and Recreation Dedication Requirements.
The Addition consists of for a total required park fee of .
E. PERIMETER STREET ORDINANCE:
The Developer agrees to pay the Perimeter Street Fee of $50,000/mile, in
accordance with Section IV, Paragraph B, sub-paragraph 2 of Ordinance No. 494.
Approximately feet of the development abuts on N"(")f c r a c: �a€; ��
which will require a Perimeter Street Fee of
F. TREE PRESERVATION ORDINANCE:
Cri All construction activities shall meet the requirements of the Tree preservation
Ordinance 585.
SIGNED AND EFFECTIVE on the date last set forth below.
DEVELOPER: Joan Crone
By:
Title:
Date:
C -10-
co, CITY OF SOUTHLAKE, TEXAS
By:
Gary Fickes, Mayor
ATTEST:
Sandra LeGrand, City Secretary
Date:
C
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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.
(„„„, 7. The City must be able to draft on sight with proof of amount owed.
8. The customer pays any and all fees associated with obtaining L of C.
9. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days
prior to the expiration date on the L of C held by the City.
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- . _ CITY OF SOUTHLAKE
-PROJECT COST ESTIM4TR
CRITICAL STRUCTURE NO. 4
1,025.7 ACRE WATERSHED
ESTIMATE
ITEM DESCRIPTION COST
1. MAIN "PRE-CAST BOX CULVERT = 84 L.F. $2,650.00 $ 222,600.00
2. 2-TEX-D.O.T TYPE WING WALLS (PARALLEL 1 EL TYPE) 20,000.00
3. 324 L.F.-METAL GUARD RAIL $28.75/L.F. 9,315.00
4. 6" THICK CONCRETE RIP-RAP Coo CULV. ENDS
3,400 S.F. @ $4.85/S.F. 16,490.00
5. HYDRO MULCHING AND EROSION CONTROL 2,595,009 .00
6. REMOVE AND DISPOSE OF THE EXISTING STRUCTURE 3,000.00
TOTAL ESTIMATED CONSTRUCTION COST $ 2724,00000.000
ENGINEERING COSTS
SURVEYING COSTS 6,500.00600.00
PROJECT INSPECTION COSTS
GRAND TOTAL PROJECT COST $ 315,300.00
COST PER ACRE (BASED ON 1,025.7 ACRES)
COST/AC. = $ 315,300.00/1,025.7 ACRES
= $ 307.40/ACRE
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CITY OF SOUTHLAKE . ;is;>
PROJECT COST ESTIMATE
CRITICAL STRUCTURE NO. 2
3,209 ACRE WATERSHED
ESTIMATE
ITEM DESCRIPTION COST ;; • ;
•
1. MOBILIZATION/MOVE-IN - LUMP SUM
2. MAIN SPAN STRUCTURE- LUMP SUM (82' x 42') 258,300.00
3. METAL GUARD RAILS - 1,000 L.F. @ $25/FT. 25,000.00
4. EMBANKMENTS (CONTROL DENSITY) •
•
10,250 C.Y. @ $6/C.Y 61,500.00 •. •
5. LIME STABILIZED SUBGRADE (INCLUDING.LIME) 10,000.00
6. ASPHALT PAVEMENT REPLACEMENT,
1,650 S.Y. @ $12/S.Y. i 19,800.00
7. HYDRO-MULCHING-60,000 S.F./9 X .75/S.Y. 5,000.00
8. RIGHT-OF-WAY PURCHASE, 40,000 S.F. @ .50/S.F. 20,000.00
9. BARRICADES - LUMP SUM 600.00
10. REMOVE & DISPOSE OF EXISTING STRUCTURE 3.300.00
$ 416,000.00
TOTAL ESTIMATED CONSTRUCTION COST $ 416,000.00
ENGINEERING COSTS 41,600.00
SURVEYING COSTS 8,500.00
PROJECT INSPECTION COSTS 12.400.00
GRAND TOTAL PROJECT COST $ 478,500.00
COST PER ACRE (BASED ON 3,209 ACRES)
COST/AC. = $ 478,500/3,209 ACRES
$ 149.11/ACRE
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- ANNGTUN. TEXAS 7601 I
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City of Southlake,Texas
MEMORANDUM
February 2, 1995
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Developer Agreement for Pheasant Ridge Addition
The Developer Agreement for Pheasant Ridge Addition is attached. This Agreement contains the
standard requirements for the provisions of water and sewer. The requirements relating to
maintenance bonds, performance bonds and payment bonds, and fees to be paid to the City are
included in the Agreement. A few conditions are unique to this Addition, which resulted in
revision to our standard agreement. The items are discussed as follows:
Page 9, Section A., OFF-SITE AND/OR SEWER PRO RATA: states that Developer will pay
sewer pro rata. At this time, staff does not have the dollar amounts for sewer pro rata, however,
we will have the figures at the Council meeting.
An additional paragraph is added that will allow Developer to transport any sewage to an
appropriate disposal site designated by the City until the sewer main becomes available.
Page 9, Section B., OFF-SITE DRAINAGE: states that Developer will pay $4,422.67 towards
replacing critical drainage structure. These funds are the Addition's pro rata share for two
drainage basins located in West Dove Rd. and North White Chapel Blvd. These costs are based
upon the recent Drainage Study completed by Cheatham and Associates.
Page 10, Section C., PARK FEES: states that Developer will pay the required Park Fee of$4,500
based upon nine lots at $500 each.
Page 10, Section D., OFF-SITE STREET: states that Developer construct the temporary turn-
around at the east end of Pheasant Lane, in the Hillwood Estates Addition. [Note: Developer does
not agree that he should pay for this cost.]
Please place this on the February 7, 1995 agenda for Council consideration.
(34-
BW/sm
Attachments: Developer Agreement
Maps wp611develop.agrlpheasant.rdg
/A -i
•
PHEASANT RIDGE ADDITION
DEVELOPER AGREEMENT
An Agreement between the City of Southlake, Texas, hereinafter referred to as the "City," and
the undersigned Developer, hereinafter referred to as the "Developer," of the I, . :<
Addition, to the City of Southlake, Tarrant County, Texas, hereinafter referred to as the
"Addition," for the installation of certain community facilities located therein, and to provide city
services thereto. It is understood by and between the parties that this Agreement is applicable to
the=contained within the Addition and to the off-site improvements necessary
to support the Addition.
I. GENERAL REQUIREMENTS:
A. It is agreed and understood by the parties hereto that the Developer shall employ
a civil engineer licensed to practice in the State of Texas for the design and
preparation of the plans and specifications for the construction of all facilities
covered by this Agreement.
B. Since the Developer is prepared to develop the Addition as rapidly as possible and
is desirous of selling lots to builders and having residential building activity begin
as quickly as possible and the City is desirous of having the subdivision completed
as rapidly as possible, the City agrees to release of the lots after installation
of the water and sewer mains. Framing shall not commence until water quality is
approved by the City and all appropriate Fire Code requirements are satisfied, and
street signs (temporary or permanent) with street names are in place. The
remaining building permits shall be released as soon as the streets are complete.
The Developer recognizes that Certificates of Occupancy for residential dwellings
will not be issued until the supporting public works infrastructure within the
Addition has been accepted by the City, and this will serve as an incentive to the
Developer to see that all remaining items are completed so that final acceptance can
be obtained.
C. The Developer will present to the City either a cash escrow, letters of credit,
performance bond or payment bond acceptable to the City guaranteeing and
agreeing to pay an amount equal to 100% of the value of the construction cost of
all of the facilities to be constructed by the Developer, and providing for payment
to the City of such amounts, up to the total remaining amounts required for the
completion of the Addition if the Developer fails to complete the work within two
(2) years of the signing of this Agreement between the City and Developer. All
bonds shall be issued by a Best-rated bonding company. All letters of credit must
meet the Requirements for Irrevocable Letter of Credit attached hereto and
incorporated herein.
C
/Db-az
The value of the performance bond, letters of credit or cash escrow will reduce at
a rate consistent with the amount of work that has been completed by the
Developer and accepted by the City. Performance and payment bond, letters of
credit or cash escrow from the prime contractor(s) or other entity reasonably
acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu
of Developer's obligations specified above.
D. The Developer agrees to furnish to the City maintenance bonds, letters of credit
or cash escrow amounting to 20% of the cost of construction of underground
utilities and 50% of the construction cost for 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, letters of credit or cash escrow will be supplied to the City by the
contractors performing the work, and the City will be named as the beneficiary if
the contractors fail to perform any required maintenance.
E. Until the performance and payment bonds, letters of credit or cash escrow required
in Paragraph C has been furnished as required, no approval of work on or in the
Addition shall be given by City and no work shall be initiated on or in said
Addition by Developer, save and except as provided above.
F. It is further agreed and understood by the parties hereto that upon acceptance by
City, title to all facilities and improvements mentioned hereinabove shall be vested
in the City and Developer hereby relinquishes any right, title, or interest in and to
said facilities or any part thereof. It is further understood and agreed that until the
City accepts such improvements, City shall have no liability or responsibility in
connection with any such facilities. Acceptance of the facilities shall occur at such
time that City, through its City Manager or his duly authorized representative,
provides Developer with a written acknowledgement that all facilities are complete,
have been inspected and approved and are being accepted by the City.
G. On all public facilities included in this agreement for which Developer awards his
own construction contract, Developer agrees to the following procedure:
1. Developer agrees to pay the following:
a. Inspection fees equal to three percent(3%) of the cost of the water,
street, drainage and sanitary sewer facilities, on all facilities
included in this agreement for which Developer awards his or her
own construction contract, to be paid prior to construction of each
phase and based on actual bid construction cost;
-2-
/D,6-3
b. Administrative Processing Fee equal to two percent(2%) of the cost
of water, street, drainage and sanitary sewer facilities, on all
facilities included in this Agreement for which Developer awards
his or her own construction contract, to be paid prior to
construction of each phase and based on actual bid construction
cost;
c. Trench testing (95% Standard);
d. The additional charge for inspections during Saturday, Sunday,
holidays, and after normal working hours;
e. Any charges for retesting as a result of failed tests;
f. All gradation tests required to insure proper cement and/or lime
stabilization.
2. The City agrees to bear the expense of:
a. All nuclear density tests on the roadway subgrade (95% Standard);
b. Technicians time for preparing concrete cylinders; and
c. Concrete cylinder tests and concrete coring samples.
The City can delay connection of buildings to service lines or water mains
constructed under this Agreement until said water mains and service lines have
been completed to the satisfaction of and accepted by the City.
H. The Developer and any third party, independent entity engaged in the construction
of houses, hereinafter referred to as Builder will be responsible for mowing all
grass and weeds and otherwise reasonably maintaining the aesthetics of all land and
lots in said subdivision which have not been sold to third parties. After fifteen(15)
days written notice, should the Developer or Builder fail in this responsibility, the
City may contract for this service and bill the Developer or Builder for reasonable
costs. Should such cost remain unpaid for 120 days after notice, the City can file
a lien on such property so maintained.
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
-3-
/Oh- 4'
such City Attorney has approved the instrument. Approval by the City shall not
be unreasonably withheld or delayed.
J. Any surety company through which a bond is written shall be a surety company
duly authorized to do business in the State of Texas, provided that the City,
through the City Manager, shall retain the right to reject any surety company as
a surety for any work under this or any other Developer's Agreement within the
City of Southlake regardless of such company's authorization to do business in
Texas. Approval by the City shall not be unreasonably withheld or delayed.
II. FACILITIES:
A. ON SITE WATER:
The Developer hereby agrees to install water facilities to service lots as shown on
the final plat of the Addition. Water facilities will be installed in accordance with
plans and specifications to be prepared by the Developer's engineer and reviewed
by the City. Further, the Developer agrees to complete this installation in
accordance with current ordinance and shall be responsible for all construction
costs, materials and engineering. In the event that certain water lines are to be
oversized because of City requirements, the City will reimburse the Developer for
the oversize cost greater than the cost of an 8" line. Additionally, the City agrees
to provide temporary water service at Developer's request and expense, for
construction, testing and irrigation purposes only, to individual lots during the
construction of homes, even though sanitary sewer service may not be available to
the homes.
B. DRAINAGE:
Developer hereby agrees to construct the necessary drainage facilities within the
Addition. These facilities shall be in accordance with the plans and specifications
to be prepared by Developer's engineers, reviewd by the City Engineer, and made
part of the final plat as approved by the City Council. The Developer hereby
agrees to fully comply with all EPA requirements relating to the planning,
permitting and management of storm water which may be in force at the time that
development proposals are being presented for approval by the City.
C. STREETS:
1. The street construction in the 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 reviewed
by the City Engineer.
-4-
/D,6-5-
2. The Developer will be responsible for: a) Installation and two year
operation cost of street lights, which is payable to the City prior to final
acceptance of the Addition;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 directed by the Director of Public Works. It is
understood that Developer may put in signage having unique architectural
features, however, should the signs be moved or destroyed by any means
the City is only responsible for replacement of standard signage.
3. All street improvements will be subject to inspection and approval by the
City. No work will begin on any street included herein prior to complying
with the requirements contained elsewhere in this Agreement. All water,
sanitary sewer, and storm drainage utilities which are anticipated to be
installed within the street or within the street right-of-way will be
completed prior to the commencement of street construction on the specific
section of street in which the utility improvements have been placed or for
which they are programmed. It is understood by and between the
Developer and the City that this requirement is aimed at substantial
compliance with the majority of the pre-planned facilities.
It is understood that in everyconstruction project a decision later may be
made to realign a line or service which may occur after construction has
commenced. The Developer hereby agrees to advise the City Director of
Public Works as quickly as possible when such a need has been identified
and to work cooperatively with the City to make such utility change in a
manner that will be least disruptive to street construction or stability.
D. ON-SITE SANITARY SEWER FACILITIES:
The Developer hereby agrees to install sanitary sewerage collection facilities to
service lots as shown on the final plat of the Addition. Sanitary sewer facilities
will be installed in accordance with the plans and specifications to be prepared by
the Developer's engineer and reviewed by the City. Further, the Developer agrees
to complete this installation in compliance with all applicable city ordinances,
regulations and codes and shall be responsible for all construction costs, materials
and engineering.
-5-
/0.6• �o
E. EROSION CONTROL:
During construction of the Addition 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 streets or affected areas. If the Developer does not remove
the soil from the street within 72 hours, the City may cause the soil to be removed
either by contract or City forces and place the soil within the Addition at the
Developer's expense. All expenses must be paid to the City prior to acceptance
of the Addition.
F. AMENITIES:
It is understood by and between the City and Developer that the Addition may
incorporate a number of unique amenities and aesthetic improvements such as
ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty
signage and accessory facilities. The Developer agrees to accept responsibility for
the construction and maintenance of all such aesthetic or specialty item such as
walls, vegetation, signage, landscaping, street furniture, pond and lake
improvements until such responsibility is turned over to a homeowners association.
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
homeowners association. The Developer and his successors and assigns
understand that the City shall not be responsible for the replacement of these
amenities under any circumstances and further agrees to indemnify and hold
harmless the City from any and all damages, loss or liability of any kind
whatsoever by reason of injury to property or third person occasioned by its use
of the public right-of-way with regard to these improvements and the Developer
shall, at his own cost and expense, defend and protect City against all such claims
and demands.
H. START OF CONSTRUCTION:
Before the construction of the streets,and the water, sewer, or drainage facilities
can begin, the following must take place:
1. Approved payment and performance bonds must be submitted to the City
in the name of the City prior to the commencement of any work.
2. At least six (6) sets of construction plans stamped "Released for
Construction" by the City Engineer must be submitted.
3. All fees required to be paid to the City.
4. Developer's Agreement executed.
5. The Developer, or Contractor shall furnish to the City a policy of general
liability insurance, naming the City as co-insured, prior to commencement
of any work.
6. A pre-construction meeting between Developer and City is required.
III. GENERAL PROVISIONS:
A. Developer covenants and agrees to and does hereby fully indemnify, hold harmless
and defend the City, its officers, agents, servants and employees, from all claims,
suits or causes of action of any nature whatsoever, whether real or asserted,
brought for or on account of any injuries or damages to persons or property,
including death, resulting from or in any way connected with the agreement or the
construction of the improvements or facilities described herein; which indemnity,
shall terminate upon acceptance by the City of such improvements or facilities; and
in addition, the Developer covenants to indemnify, hold harmless and defend the
City, its officers, agents, servants and employees, from and against any and all
claims, suits or causes of action of any nature whatsoever, brought for or on
account of injuries or damages to persons or property, including death, resulting
from any failure to properly safeguard the work, or on account of any act,
intentional or otherwise, neglect or misconduct of the Developer, its contractors,
subcontractors, agents, servants or employees, which indemnity, shall terminate
upon acceptance by the City of such improvements or facilities.
B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County,
Texas.
-7-
/46-8
C. Approval by the City Engineer or other City employee of any plans, designs or
specifications submitted by the Developer pursuant to this agreement shall not
constitute or be deemed to be a release of the responsibility and liability of the
Developer, his engineer, employees, officers or agents for the accuracy and
competency of their design and specifications. Such approval shall not be deemed
to be an assumption of such responsibility and liability by the City for any defect
in the design and specifications prepared by the consulting engineer, his officers,
agents, servants or employees, it being the intent of the parties that approval by the
City Engineer signifies the City's approval on only the general design concept of
the improvements to be constructed. In this connection, the Developer shall for
a period of two (2) years after the acceptance by the City of Southlake of the
completed construction project, indemnify and hold harmless the City, its officers,
agents, servants and employees, from any loss, damage, liability or expense on
account of damage to property and injuries, including death, to any and all persons
which may arise out of any defect, deficiency or negligence of the engineer's
designs and specifications incorporated into any improvements constructed in
accordance therewith, and the Developer shall defend at his own expense any suits
or other proceedings brought against the City, its officers, agents, servants or
employees, or any of them, on account thereof, to pay all expenses and satisfy all
judgement which may be incurred by or rendered against them or any of them in
connection herewith.
D. This agreement or any part thereof or any interest herein, shall not be assigned by
the Developer without the express written consent of the City Manager, which
shall not be unreasonably withheld or delayed.
E. On all facilities included in this agreement for which the Developer awards his own
construction contract, the Developer agrees to employ a construction contractor
who is approved by the City, and whose approval shall not be unreasonably
withheld or delayed, said contractor to meet City and statutory requirements for
being insured, licensed and bonded to do work in public streets and to be qualified
in all respects to bid on public streets and to be qualified in all respects to bid on
public projects of a similar nature.
F. Work performed under the agreement shall be completed within two (2) years from
the date thereof. In the event the work is not completed within the two (2) year
period, the City may, at its election, draw on the performance bond, letter of credit
or other security provided by Developer and complete such work at Developer's
expense; provided, however, that if the construction under this agreement shall
have started within the two (2) year period, the City may agree to renew the
agreement with such renewed agreement to be in compliance with the City policies
in effect at that time.
-8-
/De- 9
G. The City is an exempt organisation under Section 151,309, Tax Code, and the
facilities constructed under this Agreement will be dedicated to public use and
accepted by the City upon acknowledgement by the City of completion under
Paragraph I.F.
1. The purchase of tangible personal property, other than machinery or
equipment and its accessories, repair, and replacement parts, for use in the
performance of this Agreement is, therefore, exempt from taxation under
Chapter 151, Tax code, if the tangible property is:
a. necessary and essential for the performance of the Agreement; and
b. completely consumed at the job site.
2. The purchase of a taxable service for use in the performance of this
Agreement is exempt if the service is performed at the job site and if:
a. this Agreement expressly requires the specific service to be
provided or purchased by the person performing the Agreement; or
b. the service is integral to the performance of the Agreement.
IV. OTHER ISSUES:
A. OFF-SITE AND/OR SEWER PRO RATA:
y ;" - 9 ' 'r-' �3 +. +� _ +BFS� <.^��4PSUtAt wr +
ky,
a<..
Rom,...
B. OFF-SITE DRAINAGE:
The Developer understands that the Drainage Ordinance, Section 6.06-B,
requires that each development contribute on a pro-rata basis towards the cost of
replacing critical drainage structures downstream from the development. This
development is within the basin served by the box culvert
/D -'o
C. PARK FEES:
The Developer agrees to pay park fees in conformance with Ordinance No. 483
(Subdivision Ord.), Article VII, Park and Recreation Dedication Requirements.
The Addition consists of a for a total required park fee of
D. TREE PRESERVATION ORDINANCE:
All construction activities shall meet the requirements of the Tree preservation
Ordinance 585.
E.
SIGNED AND EFFECTIVE on the date last set forth below.
DEVELOPER: Joan Crone
By:
Title:
Date:
CITY OF SOUTHLAKE, TEXAS
By:
Gary Fickes, Mayor
•
-10-
i26-'i
ATTEST:
(hoo,
Sandra LeGrand, City Secretary
Date:
C
(0, 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 fmancial information on the bank
to allow the City to ascertain requirements are met. Suitable fmancial information
would be the previous two (2) years December 31 Call Reports submitted to the FDIC
and audited fmancial statements.
6. Partial drawings against L of C must be permitted.
7. The City must be able to draft on sight with proof of amount owed.
8. The customer pays any and all fees associated with obtaining L of C.
9. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days
prior to the expiration date on the L of C held by the City.
-12-
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City of Southlake,Texas
MEMORANDUM
February 2, 1995
TO: Curtis E. Hawk, City Manager
FROM: Greg Last, Community Development Director
SUBJECT: Amendment to the Developers Agreement for Oak Tree Estates
Please find the attached letter from John Papagalos in which he requests an amendment to the
Developers Agreement for Oak Tree Estates. This request is somewhat unique, more from a
procedural standpoint than a technical standpoint. Typically,a developer would propose these types
of improvements as a part of the Concept Plan approval process. If that were the case,then Section
II.F(Amenities)of the Developers Agreement would allow the improvements. These improvements
were not a part of the Concept Plan and staff feels that Council should be aware of these
improvements.
Staff does not have a problem with the proposed improvements. The only area of potential concern
would be whether or not the larger pavilion in the common area near the intersection of the interior
streets should adhere to a building line setback. We do not typically require setback lines in
common areas and we did not require one on the plat of this property. The slopes on the site require
a retaining wall at that location and the proposed pavilion would be constructed above the wall. This
intersection is not a major intersection within the development and we do not anticipate sight
visibility problems.
Requested Action: Approve an amendment to the Developers Agreement,Section II.F,which allows
the construction of the proposed amenity improvements as submitted by the developer.
Please feel free to call should you have any questions.
GL/bls
G:\W PF\MEMO\STAFF\AMD-OAK.WPD
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Papagolos Development Company
16250 DALLAS PARKWAY
SUITE 100
DALLAS,TEXAS 75248
214/931-9537
February 2, 1995
Mr. Greg Last
'��C
City of SouthIake 1gg5
667 N. Carroll Avenue
Southlake,Texas 76092 10
Re: Oak Tree Estates Amenities
Dear Mr. Last:
We would like the opportunity to appear before City Council.to request an amendment to our
Developer's Agreement pertaining to amenity improvements to be constructed along our main
entry and within the common open space platted along South Carroll Avenue. The enclosed
drawings represent our proposed improvements. We feel these additional amenities will further
define our development as a quality residential environment for future Southlake residents.
Please place this request on the next City Council agenda for consideration, if at all possible.
Thank you for your assistance and please call if you have questions.
Sincerely,
"1-)4 C..61Q—, •
John E. Papagolos
Encl.
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(hoe agrees to use soil control measures such as hay bales, silt screening,
hydromulch, etc., to prevent soil erosion. It will be the Developer's
responsibility to present to the Director of Public Works a soil control
development plan that will be implemented for this subdivision. When, in the
opinion of the Director of Public Works, there is sufficient soil build-up on the
streets or other drainage areas and notification has been given to the Developer,
the Developer will have seventy-two (72) hours to clear the soil from the streets
or affected areas. If the Developer does not remove the soil from the street
within 72 hours, the City may cause the soil to be removed either by contract
or City forces and place the soil within the Addition at the Developer's expense.
All expenses must be paid to the City prior to acceptance of the Addition.
El
AMENITIES:
It is understood by and between the City and Developer that the Addition may
incorporate a number of unique amenities and aesthetic improvements such as
ponds, aesthetic lakes, unique landscaping, walls, and may incorporate specialty
signage and accessory facilities. The Developer agrees to accept responsibility
for the construction and maintenance of all such aesthetic or specialty item such
as walls, vegetation, signage, landscaping, street furniture, pond and lake
improvements until such responsibility is turned over to a homeowners
association.
(hbre 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
homeowners association. The Developer and his successors and assigns
understand that the City shall not be responsible for the replacement of these
amenities under any circumstances and further agrees to indemnify and hold
harmless the City from any and all damages, loss or liability of any kind
whatsoever by reason of injury to property or third person occasioned by its use
of the public right-of-way with regard to these amenities and the Developer
shall, at his own cost and expense, defend and protect City against all such
claims and demands.
H. START OF CONSTRUCTION:
Before the construction of the streets,and the water, sewer, or drainage facilities
can begin, the following must take place:
DEVELOPMENT REGULATIONS
DRIC
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HIGHLANE STREET
Y
PROJECT
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LOCATION
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SOUTHLAKE BLVD
FM 1709
SPUR 382
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JOHN McCAIN ROAD
REGIONAL AIRPORT
GRAPEVINE
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COLLEYVILLE
LOCATION MAP
N.T.S.
NOTES:
1. EXISTING ZONING: SF-20B
2. EXISTING L.U.D.: MEDIUM DENSITY RESIDENTIAL
3. STREET LIGHTING WILL BE IN ACCORDANCE WITH CITY OF SOUTHLAKE
REGULATIONS.
4. INTERIOR STREETS WILL TYPICALLY BE 31' B-B CONCRETE IN 50' R.O.W.
5. DEVELOPMENT SCHEDULE: SPRING 1995.
6. AT THE TIME OF FINAL PLATTING, OUT -PARCELS RESULTING FROM THE
REALIGNMENT OF SOUTH CARROLL AVENUE SHALL BE CONVEYED OR
DEDICATED TO ADJACENT PROPERTY OWNERS, DEVELOPED AS OPEN SPACE
AND DEDICATED TO THE HOME OWNERS ASSOCIATION, OR DEDICATED AS
R.O.W. AS SHOWN ON THIS PLAN.
7. A PRIVATE HOMEOWNERS ASSOCIATION (H.O.A.) SHALL BE ESTABLISHED
FOR THE PERPETUAL MAINTENANCE OF BUFFER YARDS, LANDSCAPING,
SCREENING, NEIGHBORHOOD CENTER AND OTHER PRIVATELY OWNED
ASSOCIATION AMENITIES. THE H.O.A. SHALL BE ESTABLISHED IN
ACCORDANCE WITH THE RULES AND REGULATIONS OF THE CITY OF
SOUTHLAKE AT THE TIME OF FINAL ACCEPTANCE OF SUBDIVISION
IMPROVEMENTS.
8. NO KNOWN EASEMENTS ARE CURRENTLY ON OR ADJACENT TO THIS
PROPERTY.
9. SCREENING FENCES SHALL NOT BE LOCATED WITHIN SIGHT TRIANGLES OR
VISIBILITY EASEMENTS AT PUBLIC INTERSECTIONS.
10. PHASE 1 WILL INCLUDE ALL OF THE AREA SOUTH OF THE REALIGNED
CARROLL AVENUE. PHASE 1 WILL NOT INCLUDE REALIGNED CARROLL
AVENUE OR THE ASSOCIATED CONNECTIONS OF EXISTING CARROLL AVENUE
AND CARLISLE LANE. TWO (2) LANES (24.5') OF THE REALIGNED PORTION
OF CARROLL AVENUE (PORTIONS WITHIN THIS DEVELOPMENT WHERE THE
FULL 70' OF R.O.W. IS BEING DEDICATED AS SHOWN ON THIS PLAN) WILL
BE CONSTRUCTED WITH PHASE 2, INCLUDING THE CONNECTIONS AND
TRANSITIONS TO EXISTING CARROLL AVENUE AND CARLISLE LANE.
11. ONE HUNDRED PERCENT (100%) OF THE PERIMETER ROADWAY FEES
ASSESSED FOR THIS DEVELOPMENT SHALL BE UTILIZED TO FUND THE
CONSTRUCTION OF THE REALIGNED PORTION OF CARROLL AVENUE, AND
ASSOCIATED CONNECTIONS AND TRANSITIONS, AS DESCRIBED IN NOTE 10.
0 50 100 200 300
SCALE. 1--200'
C. A. PRADE JR.
EX. ZONING: AG
L.U.D. MEDIUM DENSITY
RESIDENTIAL 35'
R.O.W.
DEDICATI
70'. FUTURE
R.O.W.
COMMON AREA AND
PROJECT IDENTIFICATION
(2,000 S.FPAUL L. SCHELL
EX. ZONING: AG
L.U.D. MEDIUM DENSITY
RESIDENTIAL
OUT PARCEL
(TO BE DEDICATED AS R.O.W OR
DEEDED TO ADJACENT OWNERS)
EXISTING SOUTH CARROLL
R.O.W. TO BE ABANDONED
RUCKER FAMILY LTD. PARTNERSHIP
EX. ZONING: AG
L.U.D. MEDIUM DENSITY
RESIDENTIAL
TOMMY G. BARNETT
EX. ZONING: AG
L.U.D. MEDIUM DENSITY
RESIDENTIAL
REIJ4G FENCE
/- T4--
I 1
-
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STREET
E. A. SMITH SUBDIVISION
BLOCK 1, LOT 2
V 388-154, P 91
P.R.T.C.T.
HILLMAN 0. McKENZIE EST.
EXISTING ZONING: SF 20B
L.U.D. MEDIUM DENSITY RESIDENTIAL
10 U.E.
i
I
/ 5 THERON A. RAGAN
I-_— -- EXISTING ZONING: SF 20A
I I L.U.D. MEDIUM DENSITY RESIDENTIAL
I I I� O I I APPROVED PRELIMINARY PLAT
"NAPA VALLEY ESTATES'
P AS I I I� 3
`30' - J P
of to W b 2
�� I OI Cr 0 I�----- 1 IS 89046'40"E - 19.52
W
l j I I I 15' D E. a U.EEX. ZONING: SF 20B
OQ L.U.D. MED. DENSITY '
/ 30BL25 ' B.L. I I I RESIDENTIAL
_ L 15'B.L �
All City of Southlake development regulations, rules, and standards that are applicable to
SF-20B single family residential districts shall also apply to the Versailles Planned Unit
Development, except where said regulations, rules, and standards are in conflict with the
following:
Front Yard: There shall be a front yard of not less than thirty (30) feet.
Side Yard: There shall be a side yard of not less than ten (10) feet unless the side
yard is adjacent to a street. Side yards adjacent to a street shall not be
less than fifteen (15) feet.
Reverse frontage corner lots (key lots) shall have a designated side yard of
not less than 25'.
Rear Yard: There shall be a rear yard of not less than thirty (30) feet.
Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage
not exceeding thirty (30) percent of the lot area, except the
sum total of accessory buildings which shall not exceed six
hundred (600) square feet. (As amended by ordinance No.
APO-C).
LQt Area: The minimum area of a lot shall be thirteen thousand (13,000) square feet.
The average lot area shall not be less than fifteen thousand (15,000) square
feet.
Lo: Dimensions: Each lot shall have a minimum width of ninety (90) feet and a
minimum depth of one hundred twenty-five (125) feet.
Floor Area: The main residence shall contain a minimum of two thousand two hundred
(2,200) square feat of floor area.
Maximum Residential Density: The maximum number of dwelling units per gross acre
shall be 1.85.
Drive Access: Driveway access to existing South Carroll Avenue, future South
Carroll Avenue, and East Continental Boulevard shall not be allowed.
N 99055'55"E - 1397 48'
30' B.L.
STREET 'I'
0 B.L.— 725' B.L 1
C I
2
STREET 'G' '
\ 1 W
30 n
SCR ENING J \
FEN E Ln N
SCREENIN EX. ZONING: ARVEY MILLER
NG: SF208
EXISTING ZONING FENCE L.U.D. MED. DENSITY
PUD 480 - 01B `r' CCIS � FUTURE CARROLL (70' R.O.W) � RESIDENTIAL
-I- ——�Y/ DENSITY RESIDENTIAL �v -
_ SCRE NING J SCREE ING
i NOAH B. POND JR. 3 FENC 03I Im ENCE
-- EX. ZONING: AG 30'B.L U)I I� L.U.D. MEDIUM In
DENSITY RESIDENTIAL-0
_—I-- q ' STREET ' D'
TIMARRON ADDITION i i -- �0 my \ c',
WYNDSOR CREEK I CARROL ROAD 0 �} z ��/ r25' B.L. 30 B.L
CABINET A, SLIDE 1707 — I z W �L I ,
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EX. ZONING: CS M
L.U.D. PUBLIC & �15 6.L_i/ to \
SEMI --PUBLIC �, WSTREEr ") \
STEVE RYAN X W M I 18_L 1 �\
I EX. ZONING: c -01 B.0 A SE \ _
r-- I 7.2 AC FEE ± 1
l APPROXIMATE ' PRIVATE J p _ -
L.U.D. 'MEDIUM = W r
EXOISTIN60F DE SIT% NEIGHBORHOOD W I I a -
�\ HOUSE RES!D N J i AMENITY CENTER � I H _
75' INGRESS/ EGRESS v' W L B — — 15'B.L. _— J W � 3
r
W/ DIVIDED MEDIAN I STREET 'C' f- LC
I
IMARRON LAND CORP.
W IH
EXISTING ZONING:
to
P.U.D. 480-01B
°
WWi .
m
U.D. MEDIUM DENSITY RESIDENTIAL
M
R'
OJ
0
W
35' R.O.W. DEDICATION
Q M
I?
W
70' FUTURE R.O.W.
I
� S
F.'O.B..
F N
Ut
STREET'A
= n
JOE L!p0,
I
N 89039 21 W - 210.00
O _J
WRIGHT
_
N01°09'53E-211.0 '
FQ �.
Y Q
EX. ZONING:
DKAVrvKU rtAu IKCE UN 7U LNIW'O,
TYPICAL 5CUEENING rENCE ELEVATIOW
SF 20B m
L.U.D. MEDIUM
DENSITY RESIDEN.
O J. W. HALE SUR''EY AB T. 803
JOHN N. GIB S6N SURVEY — ABSI. 591
BILLY JENNINGS
EX. ZONING: SF I A
L.U.D. MED. DENSITY
RESIDENTIAL F w Z
w
� UJ
o ��Z
�ZZo
�P a QDOw
oar w�N� ZJ moxo
wa caw
Q�J4
JOE L. WRIGHT
EX. ZONING: SF R-PU.D.
L.U.D. MED. DENSITY
RESIDENTIAL
Q���
o� Z
ow
J Z W p
�z:-Ein
�O w
X
UJ J
TI ARRON LAND CORP.
EXISTING ZONING:
P.U.D. 480—OI B
L.U.D. MEDIUM
DENSITY RESIDENTIAL
i
REQUIRED BUFFERYARDS
REQUIRED BUFFERYARDS
REQUIRED
PROVIDED
CANOPY
TREES
�_T
ACCENT
TREES
I SHRUBS
-
North
None
None
-
-
East
None
None
-
-
-
South -1300'
10'-B
10'-B
26
39
130
West
None
None
-
-
-::I
EXIST. RAINBOW ST.
WILLIAM & JANICE MINOR
EX. ZONING: SF 20B
L.U.D. MED. DENSITY
RESIDENTIAL.
S 86° 38'45" E 208.19'
OUT PARCEL
-(TO BE DEDICATED TO THE H.O.A. AS A COMMON
AREA OR DEEDED TO ADJACENT OWNER)
NORMAN J. BROWN
EXISTING ZONING: SF 20A
L.U.D. MEDIUM DENSITY RESIDENTIAL
- OUT PARCEL ( 0.3 ACRES *) PROPOSED LAND USE SUMMARY
( TO BE DEDICATED AS R.O.W.) TOTAL ACREAGE
—EXISTING CARLISLE ROW.
(TO BE ABANDONED) EXISTING PER IMETER/THOROUGHFARE R.O.W.
PROPOSED PER IMETER/THOROUGHFARE R.O.W
DEDICATION
OPEN SPACE
PUBLIC
PRIVATE
TOTAL RESIDENTIAL ACREAGE
NUMBER OF LOTS
DENSITY (GROSS)
PERCENT OF OPEN SPACE
I 1--I (NET OF EXISTING PERIMETER R.O.W.)
TYPICAL DIMENSIONS OF SMALLEST LOT
�-7;i FUTUf-cE i�.J.W.
z 135' ROW DEDICATION
n �
— _ X
W
EAST ANTI �y �, 10'
N 89014 05 W - 1413.05 ILTYPICAL BUFFERYARD 13'
BSCREENING(SEE 1 0 _T
142' R.O.W. DEDICATION DETAIL B 1 -'
75 INGRESS/ EGRESS F84' FUTURE R.O.W. TABLE) I I
W/ DIVIDED MEDIAN I in I
1 wCr
I
1IMARRON LAND CORP.
EXISTING ZONING:
P.U.9. 480-01 B
L.U.D. MEDIUM DENSITY RESIDENTIAL
82'FUTURE R.J.W.
47'R.J.W. DEDICATION
(FOR TURN LANE)
3
COMMON AREA AND
PROJECT IDENTIFICATION
(2,000 S.F.±)
78.046
ACRES t
2.3
ACRES t
4.8
ACRES t
7.6
ACRES t
0.0
ACRES t
7.6
ACRES t
63.3
ACRES t
144
1.85
D.U./ACRES t
10.0
%+
90, X 145, (13,050 S.F.)
LEGAL DESCRIPTION
BEING A 78.05 ACRE TRACT OF LAND SITUATED IN THE J. W. HALE SURVEY, ABSTRACT
NUMBER 803, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF THAT CERTAIN TRACT
OF LAND CONVEYED TO MARVIN KERCHO, AND DESCRIBED IN DEED RECORDED IN
VOLUME 3241, PAGE 415, DEED RECORDS, TARRANT COUNTY, TEXAS, BEARING BASIS IS
PLAT FILED IN CABINET A, SLIDE 1707, TIMARRON ADDITION, WINDSOR CREEK, PHASE 1,
PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 3/4" iron rod found at the northeast corner of that certain tract of land conveyed
to Sarah Reynolds as described in deed recorded in Volume 2414, Page 583, Deed Records,
Tarrant County, Texas;
THENCE N 89039'21" W, along the north line of said Reynolds tract, at 189.05 feet, passing a
3/4" iron rod found, a total distance of 210.00 feet to a 5/8" iron rod with plastic cap stamped
"Carter & Burgess" set in Carroll Road for corner, said point also being in the east line of that
certain 4.81 acre tract of land conveyed to Timarron Land Corporation, described in deed
recorded in Volume 10533, Page 235, Deed Records, Tarrant County, Texas;
THENCE N 00004'05" W, along the approximate centerline of Carroll Road and along the east
line of said'4.81 acre Timarron Land Corporation tract, and also along the east line of those
tracts of land recorded in Deed Records, Tarrant County, Texas, as follows: S. Ryan, Volume
7158, Page 644; Trustees of the Carroll Road Baptist Church, Volume 4929, Page 356; N. Pond,
Volume 7134, Page 944; T. Barnett, Volume 9657, Page 2320; Rucker Family Limited
Partnership, Volume 10432, Page 1162; P. Schell, Volume 2851, Page 198; and C. Prade,
Volume 2835, Page 358, a distance of 2056.61 feet to a 5/8" iron rod with plastic cap stamped
"Carter & Burgess" set for the northwest corner of herein described tract, said point also being
in the south line of LOT 2, BLOCK I, of the E. A. SMITH SUBDIVISION, that certain 27.625 acre
tract of land conveyed to E. A. Smith, described in plat record Volume 388-154, Page 91, Plat
Records, Tarrant County, Texas;
THENCE N 89055'55" E, leaving the east line of said tracts and the said approximate centerline
of Carroll Road, along the south line of said E. A. SMITH SUBDIVISION, 1397.48 feet to a 5/8"
iron rod with plastic cap stamped "Carter & Burgess" set in the west line of that certain tract of
land conveyed to THE BRANAN ENTERPRISES, described in deed recorded in Volume 6377,
Page 99, Deed Records, Tarrant County, Texas;
THENCE S 01 °16'56" W, leaving the south line of said E. A. SMITH SUBDIVISION, along the
west line of said BRANAN ENTERPRISES tract, 621.41 feet to a 1/2" iron rod found at the
southwest corner of said BRANAN ENTERPRISES tract;
THENCE S 89046'40" E, along the south line of said BRANAN ENTERPRISES tract, 19.52 feet
to a 5/8" iron rod found at the northwest corner of that certain 2.52 acre tract of land conveyed
to Charles Hart, described in deed recorded in Volume 3193, Page 361, Deed Records, Tarrant
County, Texas;
THENCE S 01 023'55" E, leaving the south line of said BRANAN ENTERPRISES, along the west
line of said Charles Hart tract, and also along the west line of those tracts of land recorded in
Deed Records, Tarrant County, Texas, as follows: William Minor, Volume 6506, Page 266, and
Harvey Miller, Volume 9165, Page 2165, a distance of 484.2� feet to a 1 /2" iron rod with plastic
cap stamped " Vogt Engineering" found at the southwest corner of said Harvey Miller tract;
THENCE S 86°38'45" E, along the south line of said Harvey Miller tract, at 187.94 feet, passing
a 1 /2" iron rod with plastic cap stamped "Vogt Engineering" found, a total distance of 208.19 feet
to a 5 /8" iron rod with plastic cap stamped "Carter & Burgess" set in Carlisle Lane, said point
also being in the west line of that tract of land conveyed to N. Brown, described in deed
recorded in Volume 6444, Page 569, Deed Records, Tarrant County, Texas;
THENCE S 00004 56" W, along the approximate centerline of said Carlisle Lane and
the west line of said N. Brown tract, 1171.77 feet to a 5/8" iron rod with plastic cap stamped
"Carter & Burgess" set in the north line of that certain 17.0 acre tract of land conveyed to
Timarron Land Corporation, described in deed recorded in Volume 10533, Page 235, Deed
Records, Tarrant County, Texas;
THENCE N 89014'05" W, leaving the west line of said N. Brown tract, along the north line of said
Timarron Land Corporation tract, and also along the north line of those tracts of land recorded
in Deed Records, Tarrant County, Texas as follows: Bear Creek Communities, Volume 10351,
Page 2377, and that certain 2.86 acre tract conveyed to Timarron Land Corporation, described
in deed recorded in• Volume 10533, Page 235, a distance of 1413.05 feet to a 5/8" iron rod with
plastic cap stamped "Carter & Burgess" set at the southeast corner of the aforementioned Sarah
Reynolds tract;
THENCE N 01 009'53" E, leaving the north line of said 2.86 acre Timarron Land Corporation tract,
along the east line of said Sarah Reynolds tract, at 24.70 feet, passing a 3/4" iron rod found, a
total distance of 211.03 feet to the POINT OF BEGINNING, and containing 78.046 acres
(3,399,664 square feet) of land with 0.55 acres contained in Carlisle Lane, 0.71 acres contained
in Continental Boulevard, and 1.00 acre contained in Carroll Road, leaving a total of 75.786 acres
of land more or less.
DEVELOPMENT PLAN
FOR R—P.U.D. REZONING REQUEST
OF
ir
MAW- 14-0
78.046 ACRES
OUT OF THE
J.W. HALE SURVEY, ABSTRACT NO. 803
IN THE
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
SF-20B TO R—P.U.D.
OWNER: KERCHO KOCHWEOP PARTNERSHIP
3825 LAKE AUSTIN BLVD., SUITE 504
AUSTIN, TX. 78703
DEVELOPER: VERSAILLES, LTD.
8333 DOUGLAS AVENUE, SUITE 1300
DALLAS, TEXAS 75225
(214) 691-5300
ENGINEER/SURVEYOR:
AHMIPM
Carter:: Burgesi s D
Consultants In Engineering, Architecture,
Planning and the Environment
CARTER & BURGESS, INC.
7950 ELMBROOK DRIVE, SUITE 250
DALLAS, TX 75247-4961
DECEMBER 1994
.IAN 2 31995
CASE NO. ZA 94-85
C&B JOB #93-3306-01 D
DEVELOPMENT REGULATIONS
NOTES:
HIGHLANE STREET
Y
PROJECT
o
r
a
LOCATION
o
o
ti
= �
o
77
4
SOUTHLAKE BLVD
FM 1709
SPUR 332
a
m
DTP
Q
Y
ti
U
3
arc
\
BFA CONTINENTAL BLVD
R
>
C �
a
o
o
I
3
a
o
Cr
Cr
Cr
DALLAS/FT WORTH
JOHN McCAIN ROAD
REGIONAL AIRPORT
GRAPEVINEct
\
\
(V
Q
n
<
Q
COLL YVILLE
I
BRICK COLUMN
E'-Cw
I
0 50 100 200 300
SCALE: 1'= 200'
All City of Southlake development regulations, rules, and standards that are applicable to
SF-208 single family residential districts shall also apply to the Versailles Planned Unit
Development, except where said regulations, rules, and standards are in conflict with the
following:
FEgnL Yard: There shall be a front yard of not less than thirty (30) feet.
5ide_ Y ram: There shall be a side yard of not less than fifteen (15) feet unless the side
yard is adjacent to a street. Side yards adjacent to a street shall not be
less than twenty (20) feet.
Reverse frontage corner lots (key lots) shall have a designated side yard of
not less than twenty-five (25) feet.
RRQar Yard: There shall be a rear yard of not less than thirty (30) feet.
Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage
not exceeding twenty-five (25) percent of the lot area, exce A
the sum total of accessory buildings which shall not exceed
six hundred (600) square feet. (As amended by ordinance No.
480-C).
Lot Area. The minimum area of a lot shall be fifteen thousand (15,000) square feet.
Lot Dimensions: Each lot shall have a minimum width of one hundred (100) feet and
a minimum depth of one hundred twenty-five (125) feet.
Eloor Area The main residence shall contain a minimum of two thousand two hundred
(2,200) square feet of floor area.
Maximum Residential Den,ttj: The maximum number of dwelling urits per gross acre
(78.046 acres) shall be 1.75.
Drive Aces : Driveway access to South Carroll Avenue, East Continental
Boulevard, and Carlisle Lane shall not be allowed.
E. A. SMITH SUBDIVISION
BLOCK 1, LOT 2
V 388- 154, P 91
P R T C T
HILLMAN 0. McKENZIE EST.
I l L.U.D. MEDIUM ZONING:XISTING MEDIUM DENSB DENSITY RESIDENTIAL
EX ZONING A`, N P9 ` ` 55 E - j97 48'
_.0 D MEDIUM DENS T
� p
RESIDENTIA_ 35',ift
ml
R.O. W JIl�1
° Ld l o
DEDICATI
Q
I LU
70' FUTURE
R 0 W
I s --
STREET C'
J
I !�
.
=
I AMENITY w
r
I C-ENTER pC
—
STREET
I
N.
RLICIvER F FvMII 1 LTD P-Ni" 1Nf 1:v�1III'
I X ',)NINGAC
STRtE r 'V'
1. EXISTING ZONING: SF-20B
2. EXISTING L.U.D.: MEDIUM DENSITY RESIDENTIAL
3. STREET LIGHTING WILL BE IN ACCORDANCE WITH CITY OF SOUTHLAKE
REGULATIONS.
4. INTERIOR STREETS WILL TYPICALLY BE 31' B-B CONCRETE IN 50' R.O.W.
UNLESS INDICATED OTHERWISE ON THE PLAN.
5. DEVELOPMENT SCHEDULE: SUMMER 1995.
6. PUBLIC PARK LAND SHALL BE DEDICATED TO THE CITY OF SOUTHLAKE AT
THE TIME OF FINAL PLATTING.
7. A PRIVATE HOMEOWNERS ASSOCIATION (H.O.A.) SHALL BE ESTABLISHED
FOR THE PERPETUAL MAINTENANCE OF COMMON AREAS, BUFFER YARDS,
LANDSCAPING, SCREENING, NEIGHBORHOOD CENTER AND OTHER PRIVATELY
OWNED ASSOCIATION AMENITIES. THE H.O.A. SHALL BE ESTABLISHED IN
ACCORDANCE WITH THE RULES AND REGULATIONS OF THE CITY OF
SOUTHLAKE AT THE TIME OF FINAL ACCEPTANCE OF SUBDIVISION
IMPROVEMENTS.
8. NO KNOWN EASEMENTS ARE CURRENTLY ON OR ADJACENT TO THIS
PROPERTY.
9. SCREENING FENCES SHALL NOT BE LOCATED WITHIN SIGHT TRIANGLES OR
VISIBILITY EASEMENTS AT PUBLIC INTERSECTIONS.
10. AT THE TIME OF FINAL PLATTING, OUT -PARCELS RESULTING FROM THE
REALIGNMENT OF SOUTH CARROLL AVENUE SHALL BE CONVEYED OR
DEDICATED TO ADJACENT PROPERTY OWNERS, DEVELOPED AS OPEN SPACE
AND DEDICATED TO THE HOME OWNERS ASSOCIATION, OR DEDICATED AS
R.OW. AS SHOWN ON THIS PLAN.
10 LIE
1 I
-5 E lil
" II
/ THERON A. RAGAN
EXISTING ZONING SF 20A
I_ I .0 D MEDIUM DENSITY RESIDENTIAL
4 I APPROVED FINAL PLAT
I1D 2 I I I "NAPA VALLEY ESTATES''
IT
P
2 I
- — — - - — 1�tS 8 9°46 ' 40 E - 19 52
� itt
` 15 D E 8� U.E
CHARI F , & FDNA HA T
f X. ZONING. SF ?OR
EXIST RAIN OW ST
' W C% `l,) — I U 0 MED. DENSITY
L U D MILDIUM DI N`,I I) I Q i I RESIDENTIAL //,Il I
RI" �lD[ N I IAl. ` / \CLAM & JANI\ MINOR
IOMM) HARNE I 1 EA`�_"EwITF I 0� L EX ZONING SF 20B�
I L.0
`- r1 /.�!/ � ` D.MED NDANSI\Y
EX i t� Fe"r.,C-F- ONIN(� Ace ` _ -- _ 3 of `V
I U D MFDIIIM I)I N`;IIY/�ESID
RE_SIDLN IIAI
TIMAMMUN LAND C(40- ly r/ - HARVLY MILLER ,
/ EX. ZONING: SF 206 1,S 86"'38 45 E O.8. 1 y
EXISTING ZONING W I f 1 ( I '; m�� iUD.MED DEN.
L /
l n RESIDENTIAL
I PUD 480 - OIB I I t" \ 1 �/ /
Lli
DENSITY RFSIDFNIIAI I --- cc
APPROVED PRELIMINARY PLAT
l ' a�`' _J 1 " SOUTH HOLLOW''
1 NOAH B POND 3 I a �� NORMAN J. BROWN
— — EX 7C(� NINA(: � �
L u () MEDIUM o w —I EXISTING ZONING SF 20A
DENSITY RESIDENTIAL- Q \J L.U.D.1 MEDIUM DENSITY RESIDENTIAL
TIMARRON ADDITION--. �� \ / ' -J
WYNDSOR CREEK I CARROL ROAD o J
CABINET A, SLIDE 1707 zBAPTIST CHURCH
EX. ZONING: CS
— _ L.U.D. PUBLIC &
-- SEMI -PUBLIC
STEVE RYAN
EX. ZONING:
II APPROXIMATE LU D. 'MEDIUM
- J --- J LOCATION OF DE SITY
EXISTING RESID NTIAL
— -T / HOUSE
Vw W vKV rL_^W iKLL Vn 7U %,N1K7
_..I L LO� i 0
STREET 'ES' STREE-T _' Eu —
F J TJAE
N o e I moo' K n.w. --
FJTJRE SOUTH CARROL. A\/E. " v,1 - zs' Ro.w.
Q ,C UEU I C P��OIJ
oU r PARCEL ( 70' R.O.W.)
TO BE DEDICATED AS no W. OR P�2)�y�� I
T,MARRON LAND CORP. DEEDED To AOJALET4T owr,LERS) �,4• .�J
�k� 4 �
EXISTING ZONING: ° --
g I
P.U.D. 480- 01 B a� I
MEDIUM DENSITY RESIDENTIAL I FUTURE SOUTH CARROLL- FUTURE CARL►`�LE
EAST COIJTINENTP�L CONNt(_T 50UTH C DLL SOUTI•I HOL._ow
CLJCONNEc�T
35' R.O.W. DEDICATION ( DRIVE
P. O. B. OUTC pAR E�
70 FUTURE R.O.W. '� IT TO SE DEDICATED
> TREE GOvER
v
cn JOE L -�
'CD ILJ WRIGHT
N 89039'21 W - 2 10.00' Y Q EX ZONING:
= SF 20
L.U.D. DIUM
N`iITY RESIDEN
N 01°09'S3"E- 211.03' o J W. HALE EtaST NTINENTA�`��`�v.
JOHN N. G;BSvi. SURVEY - ABS1 591 N 89014 05 W 1413 05 142'
TYPICAL BUFFERY;aRD"t
BILLY JENNINGS uo I pLd
EX. ZONING: SF I A � R.O.W. DEDICATIOf, I _J I
L.U.D. MED. DENSITY ��� Y z Q F84: FUTURE R.O.W. I I o
RESIDENTIAL P w � w Cr
01W6ca I
o Ui7z w I Im �
D o 11MARRON LAND CORP. m
o c m N EXISTING ZONING:
} , W c o W P.U.D. 480-01B
Q � L.U.D. MEDIUM DENSITY RESIDENTIAL
0 Z N I J
Q _Jz�o
JOE L. WRIGHT U-' z
LOCATION MAF
REQUIRED
BUFFERYARDS
CANOPY ACCENT
REQUIRED
PROVIDED
TREES TREES SHRUBS
North
None
None
East
None
None
-
SOUTH i3lS'
10'-E
10,-t
14
28
112
West
None
None
LEGAL DESCRIPTION
BEING A 78.05 ACRE TRACT OF LAND SITUATED IN THE J. W. HALE SURVEY, ABSTRACT
NUMBER 803, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF THAT CERTAIN TRACT
OF LAND CONVEYED TO MARVIN KERCHO, AND DESCRIBED IN DEED RECORDED IN
VOLUME 3241, PAGE 415, DEED RECORDS, TARRANT COUNTY, TEXAS, BEARING BASIS IS
PLAT FILED IN CABINET A, SLIDE 1707, TIMARRON ADDITION, WINDSOR CREEK, PHASE 1,
PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 3,14" iron rod found at the northeast corner of that certain tract of land conveyed
to Sarah Reynolds as described in deed recorded in Volume 2414, Page 583, Deed Records,
Tarrant County, Texas;
THENCE N 89039'21" W. along the north line of said Reynolds tract. at 189.05 feet, passing a
3, 4" Iron rod found. a total distance of 210.00 feet to a 5, 8' iron rod with plastic cap stamped
"Carter & Burgess" set in Carroll Road for corner, said point also being in the east line of that
certain 4.81 acre tract of land conveyed to Timarron Land Corporation, described in deed
recorded In Volume 10533, Page 235, Deed Records, Tarrant County, Texas;
THENCE N 00004'05" W, along the approximate centerline of Carroll Road and along the east
line of said 4.81 acre Timarron Land Corporation tract, and also along the east line of those
tracts of land recorded in Deed Records, Tarrant County, Texas, as follows: S. Ryan, Volume
7158, Page 644; Trustees of the Carroll Road Baptist Church, Volume 4929, Page 356, N. Pond,
Volume 7134, Page 944; T. Barnett, Volume 9657. Page 2320; Rucker Family Limited
Partnership, Volume 10432, Page 1162, P. Schell, Volume 2851, Page 198, and C. Prade,
Volume 2835, Page 358, a distance of 2056.61 feet to a 5/8" iron rod with plastic cap stamped
"Carter & Burgess" set for the northwest corner of herein described tract, said point also being
in the south line of LOT 2, BLOCK I, of the E. A. SMITH SUBDIVISION, that certain 27.625 acre
tract of land conveyed to E. A. Smith, described in plat record Volume 388-154, Page 91, Plat
Records, Tarrant County, Texas;
THENCE N 89°55'55' E, leaving the east line of said tracts and the said approximate centerline
of Carroll Road, along the south line of said E. A. SMITH SUBDIVISION, 1397.48 feet to a 5/8'
iron rod with plastic cap stamped 'Carter & Burgess' set in the west line of that certain tract of
land conveyed to THE BRANAN ENTERPRISES, described in deed recorded in Volume 6377,
Page 99, Deed Records, Tarrant County, Texas,
THENCE S 01016'56" W, leaving the south line of said E. A. SMITH SUBDIVISION, along the
west line of said BRANAN ENTERPRISES tract, 621.41 feet to a 1 /2" iron rod found at the
southwest corner of said BRANAN ENTERPRISES tract,
THENCE S 89046'40" E, along the south line of said BRANAN ENTERPRISES tract, 19.52 feet
to a 5, 8" iron rod found at the northwest corner of that certain 2 52 acre tract of land conveyed
to Charles Hart, described in deed recorded in Volume 3193, Page 361, Deed Records, Tarrant
County, Texas;
THENCE S 01 023'55" E, leaving the south line of said BRANAN ENTERPRISES, along the west
line of said Charles Hart tract, and also along the west line of those tracts of land recorded in
Deed Records, Tarrant County, Texas, as follows: William Minor, Volume 6506, Page 266, and
Harvey Miller, Volume 9165, Page 2165, a distance of 484.n feet to a 1 /2" iron rod with plastic
cap stamped " Vogt Engineering" found at the southwest corner of said Harvey Miller tract,
THENCE S 86038'45" E. along the south line of said Harvey Miller tract, at 187.94 feet, passing
a 1; 2" iron rod with plastic cap stamped "Vogt Engineering" found, a total distance of 208.19 feet
to a 5 8" iron rod with plastic cap stamped 'Carter & Burgess" set in Carlisle Lane, said point
also being in the west line of that tract of land conveyed to N. Brown, described in deed
recorded In Volume 6444. Page 569, Deed Records, Tarrant County, Texas;
THENCE S 00004 :56" W, along the approximate centerline of said Carlisle Lane and
the west line of said N. Brown tract. 1171.77 feet to a 5/8' iron rod with plastic cap stamped
"Carter & Burgess" set In the north line of that certain 17.0 acre tract of land conveyed to
Timarron Land Corporation, described in deed recorded in Volume 10533, Page 235, Deed
Records, Tarrant County, Texas;
THENCE N 89014'05" W. leaving the west line of said N Brown tract, along the north line of said
Timarron Land Corporation tract, and also along the north line of those tracts of land recorded
In Deed Records, Tarrant County, Texas as follows. Bear Creek Communities, Volume 10351,
Page 2377, and that certain 2.86 acre tract conveyed to Timarron Land Corporation, described
In deed recorded in- Volume 10533, Page 235, a distance of 1413.05 feet to a 5/8' iron rod with
plastic cap stamped "Carter & Burgess' set at the southeast corner of the aforementioned Sarah
Reynolds tract;
THENCE N 01 009'53" E, leaving the north line of said 2.86 acre Timarron Land Corporation tract,
along the east line of said Sarah Reynolds tract, at 24.70 feet, passing a 3;'4" iron rod found, a
total distance of 211.03 feet to the POINT OF BEGINNING, and containing 78.046 acres
(3,399,664 square feet) of land with 0.55 acres contained in Carlisle Lane, 0.71 acres contained
in Continental Boulevard, and 1.00 acre contained In Carroll Road, leaving a total of 75.786 acres
of land more or less.
DEVELOPMENT PLAN
FOR R-P.U.D. REZONING REQUEST
OF
VERSAILLES
78.046 ACRES
OUT OF THE
J.W. HALE SURVEY, ABSTRACT NO. 803
IN THE
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
SF-20B TO R-P.U.D.
OWNER: KERCHO KOCHWEOP PARTNERSHIP
3825 LAKE AUSTIN BLVD., SUITE 504
AUSTIN, TX. 78703
DEVELOPER: VERSAILLES, LTD.
8333 DOUGLAS AVENUE, SUITE 1300
DALLAS, TEXAS 75225
(214) 691-5300
ENGINEER/SURVEYOR:
«� Cartern e Bur ss
J
Consultants in Engineering, Architecture,
Planning and the Environment
Cn o w TI ARRON LAND coRl CARTER & BURGESS, INC.
EX. ZONING: SF R-PU D. N 7950 ELMBROOK DRNE, SUITE 250
TYPICAL SCGtEENING FENCE ELEVATION L.U.D.MED DENSITY D N EXISTING ZONING:
DALLAS, TX 75247-4961
_= RESIDENTIAL w J P.0 D 4 DEC E MB E R 1994
L.U.D. MEDIUM
DENSITY RESIDENTIAL ' CASE NO. ZA 94-85
t
C&B JOB #93-330601D