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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 Until this year, we felt we had too many old and outdated ordinances to spend the money on codification(too many major changes).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 LI 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." H/kb L 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 L • Lir PROJECT SCHEDULE FUTURE PARK (WEST BEACH) SOUTHLAKE, TEXAS 2/3/95 co 0) c(o m al n W > > ' .1) i o a.) m L.CO a... LL < -, -) < cn0zCi u. < TPWD Grant Purchase out parcels of 20 acre section k • Vacate plats of 20 acre section ammo. 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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. C 454 - 7 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. C 5 5Q -y ___ (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. • • 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. C 7 ( 'a -ID - (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. C 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; C 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 � +^{:�:rf::•}:o::}i:}:}::}:�:�:•`.• ::i•`.•:�::::i:}::>::�i:':}:•}:•::�::�:::�:::•}:.;•::::.:-:i�::.x?.xv}:'::?::ii:.}•::{.}:•}:•:o::}•}}:{•}:•<:a•�::}�:�:••}}:•}:•:::�::%�:�:k•:•}}}>:•:�::�t'::�::•}}:•}:•}:i::�i::;:is�}:.}:•}:.}}::�::�:::�i:>:::::::�::�:�:�:x;::::r:� ,v,.}}N{•}:.•v:..::.vr.... .................. •Rw:::::::::-............ .::x:::n:v:::n:v::}:r..n.................................................................:.................... .Z {•x.•:.••. .:x•.v:-: .v:::v: .:•.• .... ...:......:n.. ............w::::.v::•::::::::::::::w:w:::nv:::::::::::::::::::::::::::::::•:::::::::::::::::::. fiY.vXvNh K :A4 n}k:.v.,v\•.•{•:.4 n:y{v::•ivv::::::::?vv:::-}}:?.}}:?{}}:ti•}:•}Riii ... ;...:::::r.�{ vf.of••:::::f,:.................•:•vw•:":.v:::::::;}i}v;:;in•. .. :.'•:v .: .vv...,, ................................................................................. vY.'v%+ n.fvv.....,:.r::..:v:::.v:.v:::.:n..:.::.... •::}.::nAvv::nv}y}:•}}:{v}:-:•}}ii}i}iyi}:•}}}}:•i:•}:{:4}}::•}}:^:O:•}}:4::^}:G:???.}}::{•}}}:J:+:h:.:.v.' .. v ......... ........... v:xrr n^:.v::•. ...yry................ ........(.].� ::i::hv•:hv:{•}:^:.r.}:v}:J}:•}:S}ri{ii?i?y}}:-}}}}}}}:-}}:-}}:-}:{•}:•:{{{^:•}:•}:v}:L:L:•}}}}:?S.}:4}:•}:{{{'}:-}:4}: • .�}' 4G• •T.•::}i:n- •'•i•,,,•x.?nf.?•v:}::::p,.,v. �v:v:-•:�!•..:::v vry v.•:v{v:x::: .%• { { ..f.....S:i>}}}:?::�•::v:::4v1 ..\.. .:?............n.. ...C.sakr{{•:{{?{•}}}}••}:•}}:•}:•}}}}:•}}:•:{n;{{??{{: .a}S �:� :•::`•::+� • .,ti :.i•.{?: v::. •:i h;{ : :ni}:'G' ... v•{� }::+.:i•�?........9.:i�iii'i''i1�.'•:i�j:'�iiii:�:{:iiiiiii�iiiii$:?.....v:•i}::}T:•}v :•::'ii:i-i:''}}: �.vvvw \..:a ..}}} O�•r .v::vw:x}.v:nv.+v• .n ,v.. .::.4vn+.vn;rn;y{n; (1004 :•}:i.}•.}v:};. ..iY•xn}'•}:h'4:i?{':r:'v' '+f f.}•:.}•:::x:• v.}%?.vr.:v:{ v,{:ryvy,:x.} a• {n;{::.•:av,...,,.. ...v.•:{n�.:xx.•x:•.�:>i•:?:.;.y:::,;;�{:xvv.}.::v.}'r}••:::::{. ..0 v.}._Y:•• k,�w� • h - ?•;Cyr x?'v'•v'iri•}i}}i::}.v+ i::W:.:','•{':i':,+•:•,iii}:?:v 'fn. {� .i.�± rry.��q �' y�. ::'rL •. r •f�•}f :::, : ,•J3,a;;>:::'+i•:C.r.. .. 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City Manager Date ATTEST: ATTEST: City Secretary City Secretary Chief of Police Chief of Police }. fH.s'}'v :'ti Nf ••4f '•:'•:"{"}},••r,:{:.:,•r}.::•};�?;":••r:•}.,vx:w :,, :.>;�;Q,,��i,.. .;,:.. ..+.ti;h•';9}i•: • • .. .n ..:h'.• � � �.��•,v,'?�R '.v'{ rr :i.n ,liii4',' �.�n ��ni...v vn •v•n'^e• i. ............ ::Y:•.a ' City Manager Date City, Manager Date ATTEST: ATTEST: City Secretary City Secretary Chief of Police Chief of Police •.>xrcr' �xa:tx' ,,�,...;�I•' {.';2;•":":f`"{,�r�i'-':-?�<•>}:::•`•i::.'/ ::{,,;{,r{i.Y,,:.;;a}}:?.�::;f.:.>•+;:.ir,..ia}:ff�i;;:},-.;.};:.y f•:i{•};}:v., •fi. `n d:, { • «:':;G•: h#;.a,'t+e".23i'¢:},}.�ai..^,.;,iivn O > ri•:':i•-'f'{•'}•:{.i<;;:,>F,:}s??} ,.o. }Si ::. •.2c;;;+u. ✓ cc <x: ... • i '•.:>.{-,n:, .»}n,., };>{: •,�k•x.' .<t••r'��p.y? :a:}�:i•::::.{•n '•i'•}r••}:+.•, .i::: ?} ••:.,r: •.� � '>o ...fi. {..y...a-,..,.,. ,{..•h.:>.n••::.r,{...:.{•. a•'`::''?�.�.,L.:,,.,• V� \,. ((�� a ............. •....h. ........... x::xt{•>n,•x}a,+:.t+r.•nJ,:� {a:•w.?ic,::,-a:?i.}::>.hc,4:.vfxa.aii,;• ,•.:fi•.+}' •'.h ' / / City Manager Date ATTEST: City Secretary Director of Public Safety This Addendum is executed on February 1, 1995. C `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 •• • X t� f Zit 146 Lw r • 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 Re . ! ® , ! ie b f, ' t � " @ i i/.t C41 �, 0, �t E - 0 0 B0 a 0! SBBY� till�.4 0 i t me p ray FACILITIES AND FEES: " 00 G 16'ijikt.s 4 0 ,y 0`� 6 �1,` ?raa ellf,; 4,7,11 T @" 0 ..',° , kc•t � sY ,.. 'k 8 &'cg,.e 6C" :!C (111 (S65, kiJi, !.34W i%, 01' - y lF7 4 4 0! iE �i . lti� f t!ltie li!l r� i°•! ! i i ; c VA) ! i L �E-3 • 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 UV KPG/bls Lir G:\WPFIMEMOC S\ A ES\94-123-Z.WPD 1 r1A-1 Nq. ►' I mix e13 Ac Ao0I7 1"• I .-• - —i.g._._,. 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[ ' •-1• ° Q cc / ►o - W . _ / m' .., — Q -2 Z0 • CV ° OZ I• / ,� 3 / L = -. 0 J Oz Il/ m ° M m I-. O u° � / m a N % Z N / _ W m ' W G / I " / 00 > tJ c ' a ' IG • • 13NNo88f1-18 0 E `L\ a U .\ .'.r. 1 8 pi 1* _ co i r•••,--) '\'''N) .-:I:. .\-----, ,c5, Nhos - . CE-: In --- Q --- and 11VBWIN o >— co LLB m W m . a1 L `1R-3 i ar L • e MAP OF A TRACT OF LAND IN THE SAMUEL FREEMAN SURVEY ABSTRACT NO. 525 CITY OF SOUTHLAKE, TARRANT COUNTY, tEXAS. I SEE ACCOMPANYING DESCRIPTION) • AO o 'p. /�P ` n JAMS N.• !RANGES ANGIE tNNfRET M',•+�' rot_an; n.a r.a.o.n. P N �C‘ a `FOB ;' •, o Isi ci ‘611."' C) ; <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 .... ......._ ... ....i..l. ...1 .]].....:t]il.)i]•.. �.f..�..... .— .,..........i.... _ ....1._................♦:l.fi2]: .........:1..':A' ....... .. .....i. .. ...a............... .......... 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 KPG/bls B_ G:\WPF\MEMO\CASES\94-124-Z.WPD • No j5�, I.,- 3A1J1 e.0 Ac . 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L1 m ‘11110` • o U 6ba an p''- a 0 46" 46. i tl o r�p$55'lYE 198.34' -,,n • .A: _ •.. •.•. ...1 +,L,o ..4:� w • ... ? #•" .} . \• 5 to • s, \ .€a dog ONOIYp T11711 AWLS 310 • ..° 3 g F git / 0 7 6v�ry v fir / <6 I a p .01r .S9•SSl M.9C.f{,9pg thimpe �n I• o NO .j it 'i i G ul ..ati • / 5~ a aJ+ 8 0^' / pj o 0 Y W ri h ff//!! a gzgfl � / i 41 Z f` s• m j Ua . / j Illidt o2~�i2 a n z N 1 to Ci / p il .v w c� ;eff / •Y on �� . a - / #Q O P~ ,rr " 0 / .� Z _ 6$ Z r9fa 3er.a�ma s'� 9MVA,IK 11'01d6V b 3ARIO 13NN0831118 tt; 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. KPG/bls G:\W PP\MEMO\CAS SS\94-147-Z.W PD 11.7 ,...., „NM1:$ �. AA Ylf 12 NFpRD o t WIC `Tu, IIµ I ,� t 1Minf�E "' .iw g i 1 -!-44,1 . x MI k l ' ° M.n k I '!1. 171 k e .1AA�DN p ,a.k I HV •pllU, RP Est 5 I unr i :; i nakJ q,1 I I Ili UT,oo.s s,. rAt 1 `-' SCHOOL �' <s,oft and--_ I __—__—__—__ _--__ __—__—__ 'ftT —__—__ - ' - ` -1-, -L 'IA' tp ua, 2A ` _Je !�• ,• -' - �`� I -- =,--Alry.� I� �`I N,ll.c D�" IRA 4U \ --9''- -1(Et nk Rp -�E5 ! W R MIA '= c.:k a caa`)r -,RE� I p_ pRG� y i51A n i� ,:, 0 �Ap N• I l04 ,A! ak AN.. D GpU�R I an A ___ _ '' _J___ ! tta,,k KS ` P! i � a wx LIN GE ie�at a.�• MI lus ILL` __--Y.I Las•. n' P�' I !.,!' :, p m Y IT u ® ... `�Y A , if r in k v n w .P,�. / ': I�� DY ..-,...,1 I ,a J. ��.�Y '" I ,c ! io e W ass.. --S EMp I rs"`R I Q 4■ E5 w X UU d1 i MI r AKA x2�51 D . c;vi N u!It O nor !° I'P 1 `rA,fjpPj : wk w --j p I wo''LFri 1, , , -i A cap H. CHIVE S f I BS / x GRUM5A'. ,n. off, V, LARKIN H. CHIVERS ;L ' I.------ ,•'" DAY s, I1 ,)r, ,/ Oil I " sss,.. I E r �STq `�, Ib �, rAA w�. "it w rig �� I: , do �, s a % n RA _ ,rERS ! *� N l2 a s, Die AA GHADpN• °Rry an•. I00 4 Xi AP G !" -BUR Alliffifig' n...k pkkY .a. .a .c 1 rp ss K 0, III ILL SST s•. uk w. .•a IvER iw K w< AG r Ti —� Ien �� 6RIG�DD(iION ' �.5z vj 8 31PE • RKUtlKA - ER -- I THOMAS--M. H®+ /2' � I I� A O;o �� PA •••, i ,w M M w'li, a,, umpq -_ --__ ,x ,1[- l LI5csffiIJ plip66 ihrit. 0 43 1 I1 %` FI� 9 l I�., : pjD ' ' 1 HALL ER W.W. HALL \ --F, r.DE, , ; _ 474 MIEN a.a' -lek � I ( . ti nK �.,.. I ., ... _ 1 (.1 • a h•' iS LAK, + r ,p DD � k u x?"'T t�v-. y `�{� -+- I F 1 1 ' •`yy �• - ---1 r'® es 1 - P `�'` Au I" 7____ , ___,--Ikel41`-- 1 I I ^LI QLi R F.F, ALL �CLNTolN"`PARK . I ' 4 r ti -r: I'-; —N K milc.-• ���_� ® p HAIL ' I • 1111 tal : x ao_ ADD Y EytA m l•c — — _— r - �© _ 11E. — % _ g I,'J s 0 • ! x!---- 1 - 1 5r Y ,o ,w le l.„ % E K{1` \'' �i1� + ( y I ' .PE1- y wk ak lr v ,. fVI RA, lsck :�� �T: x J a L NpDI i.y DI :i 1' jt -I'. `.?w ..) ,. r,�,`s, 4 jkE w� �1 G'iy II Sig C) - - - - — 9 \-- nr S r 1 c !"j t ��i •14i 1. ' , .. 7R,' R MAP • Iy� TRACT I'. r >f I `!\' A I I . tii �C� a I . 90 d V r �Ajp K�[3L(�IfaFIM /.�+rP''+!!!aFi'u" a.. xti '„ 8 8 "AG" D D m Spin #10 Representative Betty Springer _ — 2 1 - U T. Seaborn g H. Pangburn , CO "AG"t WEST HIGHLAND STREET "AG" ,, R. Wink 1 E 116 8A . . A' . 1 8B 4 8 J. Wood 8A5 5A 8 B _ ,AG„ , 78B3 1 s / /!,AG„ D. Miller 8A8 IH 8B 835�' „AG„ 18 • A � � � � K. Nitsch "AG" \ 8c „ Au\ 8B1A c. 0 ci3 A -'1 S i\ B. Patyi 8 B 1 C c "AG" LA9 8A ; , 1t _ I 9 A "AG„ �B1Z "AG"\, . unn 8B1 N D ' 1 \0 T. Kasper "AG" i 1 T • -1-- - • ! •i 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 KPG/bls (hr G:\WPF\MEMO\CASES\94-148-Z.WPD �U�' I 3793 ' 301 30 3A 3 13E1A 30 9 9`f 3 9 9 9A2 9AIA -, n J. i u ��U�LS�`. I I 1 _ 2CICI In • C . ' LM 0 0 • 7 3 , D SIARKY A-319 10 -/-S , ,%�' FM -302A iu pi, BREWER �"�— jER1�4 9e I o , ` 2AIlee .-,6 • © _3142 3C1 I P ?, 1 geI I , 1E1 AIA , - It.. , �1 . * t r -1-f 1 f © 3A aft . I Y 1 G ,. 1E 1 i_y. • 1 1 1 1 , �Lg . 911 _✓ . I . 1 . �.W1y0s tq I 102 /M = _ - t 1 . . , . 1 . 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IIli �,{ Sun Y A-1302 1 . -7.} a _ K 6 Ae• At s Ac 7 • ilIMMILI ,Q..,�` 1A1 6c2 LL► itl: , 9.65 A< ._ r , c r 9.11S Ac 19.7 Ac� 6AIA , `ii At �1• . /'-�-rZ AC F'6A2 p 6[1 �6rI-au ��El /rail reu � u w< .7.66Ac ` 0 13 �� 3.6 Ac 6.1 Ac �IIIIII ,�H __ _- _ _W�fii�A 1`,,�� - _ KELLER CITY LIMIT i ,�1 3 � �MirL3A ------�`�-�rr --- E -- __ - Fp,IT N I ELEMENTARY I - - -r {,,- ' i L.A.. pp /tea �a�V/ 3A 1 - Ici. • , s se SCHOOL. , ' I L..A. C�LL� U �A , CN • '� 19 Ac 75 Sc 75M `,,' L sue r A-7s GOT- - 1 Ga 44 Ac 60 A, ''.s16\In M WWII1:IL U. '1•H© WWIIw� CO)w ' 1-,, :e: cr} Pi I 1 ' SUMM r A 1Ne. R� M >IN TRACT MAP ,.. '1"0'0, ,d fo 15 // -\) 2 - -_ _ - — ,9 �).. 2 r 7u ' ,,. , _ ... ,./ 4 \I -I 'I b, a i._c , - sew l A — ' N 0 A 3 1 A 2 A - -IL RAo 133 ( ! SURV Y Spin #15 Representatives Wayne & June / / - C`.çLLINOOD 1 r--) /\ i -(.!p 1B4 r \ N _ . _ . _ ________. n . i- - - • -1_._.* . _ . _ . _ 6C1A 0 1 W c f . Flanders , 6 C . ..I-, . "1-1"' I� m -g, I I a � o "AG" 1 B 2 �, i ._ / I• Co . I I c�i V_ � "I-1"I 1 G. White' a) o f• I I 6fith.1 (i.-Id • 1B1A1 1 131 1313 31A ..AG" "AG" 6 F L. Kane K. Harlan 2 A c "SP-1" 4 .....e.._ _ _ _ _ _ _ Q 5A 4A Q Tex Art Stone Co. "SF-20A"' AG Continental JV ' 1 NI < 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 ' r -� 71 n.. / L 1,hww ,A, /A: 1A1 133 RIND - x Yu »» •_MIES ..A Ril TIRd ofoRP ,,,. 1n 1M» » 009I 1 '• 1JA-I . i'41%.1-,»,�r, .0�� 1,51A R�,c£ " '', Nil_ �, $4. 1 724 M»Ae 1 MI rt I ,. Y.II k :4 371 lie KQ 7Are p�pN 114 A, I -NV,I, _. 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I • (t+ �, Yy1 E AcE-if ' V r `I :r:ir�f<,' �' W WA �...)"..,� M ',�I� { pl ii tS__ -9 F,I ALL N+ENNIALi. s 7 i `."K a HALL -- - ' p --- -- --i N., ' . , 0 1 © 30 EX pp�lp v { E. iPHAS NE ; '" Mk • X r � ��r A Y ` E5p � m aY.JfM------ ---- _ 1 1 __ri��eT PHe r'..� - ' - I Y, ma} KO •N.I1M11 WO--_-_-L} �' 31 }A1 I / 7 X, / X x." Y[ •Y . 7e1 rl Y 74 MI X s', • 14 OP IA ,y� I `.` � }A � .e J"N-+- 1 0��..a 1 ..,i EL - u Js A 37„ y ^ Ie5 »A. /r Ae w k 01 G .' HOOL 1 %}� ,. f )p �cE E• TRACT MAP -HLt P 3 0,-'-,03 e� ,j- -` .'• _------\-------r Al 0 1 I .J�..ryP- ► �r�`'' It r rsAm..._ . , p n» r.t, ;b' ,1 1 • y�;Q _ se p1E i�� � ,„„_ __ - ,._ . r • r I + ,+ , . J, E_2 —x sT � E� SpJKIN� *Y 5_ /,A< lio,\�N '111` (MEDIAN WI`rtbliOHT n ,\ ,� J,V ,`'.f' ,. \ �. 'J �`� 1;1 ,j< 1-,c,l ,"`^ 1I19 10 vyljiI .w . I �„ ! n..•... .-.,t'-) . 2C - — — — — \--if! r , , 0 \ "R-P.U.D." "AG" E. Shuping 2 `-'1 _ �� U p g i „AG" J. Kuelbs "SF-1 A" 3A M. Howard 2 A — — — J. Reilly , ) "SF-1 A" A c H. Taylor — - R. Jones "SF-1 A" - --1 trri 0 l: G* , iii, 1 r _ , 4 -4i0 0 - in 0 95-7) SURVEY A - 70• M. Hall "SF-1A" "R-P.U.D." \ "R-P.U.D." / RA I L . 53 A c H. Taylor 1 1 3 J. McCully A. Grant "AG"H 8 -AG„ J. Clow 11 E 8 A 6 8 A A 1 6 4 Spin #11 R. Maness & R. Jones A 1 8A3 i 8A2 11 8A1 I 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 • 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 7/- 5 (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 L 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. L �� -i3 I 1 . 0 0 1 L -11-------------„ ca. , U n- �f: W 00 po c::. % , d ie4 p� ji 4W ."I I 0 . . 1.0 1 ' N i • O= . NN • ID . 1 N W I . W _ A % 12 i I U i// i___ Zo f p U U LUU i`// F— Q o %/,/, W Z rn US G�i/ (/) W = si, � , on� � p�, m p Li ', = W U %, N c 4 i, w `- - Z 2' N p ---11___, /fit, Q C t .:P. I . C) CC Q tD ' UU ..< (Dm4r, lit . c_3= 0 ir)o0 NN I II U 1_ 7.,:l.1 W * 1 1 "co m I__ (....)-‹ m ,* u..1 ..„ L Zo= 'v� o Cr) a r nc � o 49 (21_\--, 7}-/1 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. L 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. L L (n J W W I U _ r.,-) , (,) co �\ ZOZ Nei _ %\ O 4 , /:' (n~ 1 t ,,. o U Or cDh- w Q OW CO Z ` p OZ N L() • O ..cc I o 1 I In 0 0o • ZLIJ p W «�Z o U N� CD w Z m (n p V L c_5 C.) (n � w i in �-- V Q - O� r _ i' 0o CD= 1 COI w I- �, _ !. w Z p Q O z jtw— o c 0 0 U 4 :: n- Zo U I _ 0 0 Q cc 0_ : W CC • Q • CC U N Z l i. O Q 1 CD p r r I-- Zco Jy N ZU 4 v CWj O Q I ^ \/CD rn ca. U7_ . �\ O CC C:3 L r 5 • �// in t a 50 7� _/7 A5U 7" HMAC (66' PAVEMENT) 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. L '�� -/, 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. L I I IIII II I Cl) yI ,,, • >�_ AIn o I z Ira ! OV I '`) C.) ate.. 1i 1 4 % Z „....„ .„,,, „0. CY ►- 1 f I A-C DC 11 W g D. II I. � � W Ioli Q t- c�v 3 c, L I ► Z 0 . 0 Z., � ► pp • CO U Q I L • Cr) Lai t— z o Cr) z CP NJ I w MI-Li p U= n �N • i m W W • j i • C (Y z I J O I IX I 1 1-- CD • Jlo I]C c-.) 4411 fQCDINp W CD !— ip -cc C lX 1 ► • Lai .�� z %i o� o \// ao o p�p�� `\// w ri CZI CI. i p 4cxO CL I I L • i51 7, -alD A4U 7" HMAC (52' PAVEMENT) (tir Stabilization: 54)/9 = 6.0 S.Y. 6) (1.50) _ $ 9.00 Lime: (64)2000(77) — $ 14.78 7" HMAC: (52/9) (12.50) _ $ 72.22 Excavation: �6))/27 _ 3.0 C.Y. $ 18.00 Curb & Gutter: (2) (8) _ $ 16.00 Misc. Costs: _ $ 5.00 Total $ 135.00/FT. L 7-a� A4U 6" PCC (49' PAVEMENT) Stabilization: 51 /9 = 5.67 S.Y. 5. 7) (1.50) _ $ 8.51 Lime: (48) (5.67) (77) 2000 = $ 10.48 6" PCC: (49/9) (19.50) _ $ 106.17 Excavation: 1.5) (51 /27 = 2.83 C.Y. 2.83) (6� _ $ 16.98 Integral Curb: (2) (6) _ $ 12.00 Misc. Costs: _ $ 5.00 Total $ 159.14/FT. L I 1 1 I el Z � Ia_ U a- I J 8 N '�I U , O cy Z� rn M a Q c�= // 3 -.-. ilk I I Z g •a a :- O a Lai n' F— LAJ CC o v� Z" C...) o o Z 1 L , m „, N c_, U UU W 1 = Z La.J 8 co 'r'v U w o I ) ---1 Z ct L Q o w O lo I � C.) h- C1C 'v, o � O 44 0 tD [1 1 .4,-.'i la % I oUv. 4// pp�� U= f %\// U i r le /\// i// W N I V O ti O O � O O a. 1 1 52 , -R3 C2U 7" HMAC (40' PAVEMENT) Le Stabilization: 42))/9 = 4.67 S.Y. 4.67) (1.50) _ $ 7.01 Lime: (64) 4.67) (77) 000 = $ 11.51 7" HMAC: (40/9) (12.50) _ $ 55.56 Excavation: 1.5) (44 /27 = 2.44 C.Y. 2.44) (6� _ $ 14.64 Curb & Gutter: (2) (8) _ $ 16.00 (61., Misc. Costs: _ $ 5.00 Total $ 109.72/FT. L 7i-4:7,1 • C2U 6" PCC (37' PAVEMENT) Lie Stabilization: 39)/9 = 4.33 S.Y. 4.33) (1.50) _ $ 6.50 Lime: (48) (4.33) (77) 2000 = $ 8.00 6" PCC: (37/9) (19.50) _ $ 80.17 Excavation: 1.5) (39 /27 = 2.17 C.Y. 2.17) (6� _ $ 13.02 Integral Curb: (2) (6) _ $ 12.00 Misc. Costs: _ $ 5.00 Total $ 124.69/FT. L I I z CDo U cl- D ' W N O Z cc 1 n WQ s_o O � N N O y N fCr) �i: i i I t i CVLY W 1 W � W 1 I— I O 1 Z I C Z ir) O O •``• N U C..)F— Q 2 El W `L (-5 C-.) 1 O p0 J F— M U 2 A m W W W U Co M 1 C~ i I1 Q O I --I —t — 44; z O w i- ILAJ '"e Cl- CI <n in 1.0 t v/ • • I ^l / I Uv j Z } I} O U p F— co CV W C W Q U _ a O O CL O O tr L ci.•••—....- 1.0 5 3 7, -a6 R2U 6" HMAC (31' PAVEMENT) kope Stabilization: 33))/9 = 3.67 S.Y. 3.67) (1.50) _ $ 5.51 Lime: (48) 3.67) (77) 000 = $ 6.78 6" HMAC: (31/9) (10.75) _ $ 37.03 Excavation: 1.5) (33 /27 = 1.83 C.Y. 1.83) (6� _ $ 10.98 Curb & Gutter: (2) (8) _ $ 16.00 (re Misc. Costs: _ $ 5.00 Total $ 81.30/FT. L R2U 5" PCC (31' PAVEMENT) Stabilization: W.49)/ = 3.67 S.Y. (1.50) _ $ 5.51 Lime: (48) (3.67) (77) 2000 = $ 6.78 5" PCC: (31/9) (17.75) _ $ 61.14 Excavation: 1.5) (33 /27 = 1.83 C.Y. 1.83) (63 = $ 10.98 Integral Curb: (2) (6) _ $ 12.00 (kome Misc. Costs: _ $ 5.00 Total $ 101.41/FT. L 71. -.a8 I v) • ~ (Ire >_ it r2 j ] o W � : W x ' I CC N 0 • I WW • Q a i f .: i• I (I) C . W � _ Z O I CO I— d- N W CC CI V) N �: JCO W W I L. --4- N •' c) W Z ' O Z I o . MQ w � � Q U_ • 00 CD c.) co Li., 00 I I (CIcL cV U m Q _� i I v % M J • Q ! ' i L - . 54 4 -029 1 INTERIM 24' SECTION 4" HMAC (24' PAVEMENT) kir W/(4' SHOULDER) Stabilization: 34 /9 = 3.78 S.Y. 3. 8) (1.50) _ $ 5.67 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. 1.89) (6 = $ 11.34 Shoulder: 6" Stone 8)/9 0.89 S.Y. 0.89) (4) _ $ 3.56 Misc. Costs: _ $ 5.00 Total $ 53.89/FT. L -30 INTERIM 48' SECTION 4" HMAC (48' PAVEMENT) (kir W/(4' SHOULDER) 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 (8)/9 _ 0.89 S.Y. 0.89) 4 O $ 3.56 Misc. Costs: • _ $ 5.00 Total $ 92.11/FT. /impact.920 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 GAWPF\MEMo\CASES\94-85-ZD.WPD 8A-S i hi NOR 1)4WIsf r•K � . _ T f Sr (1., 4 _ AI 'I ; il DTM i' __.__.__ D'(I.4 Imo) to sr Un•aYM ma ova I A did M w 7 60111 904 11111 III I t! u M-4/1:.0:________ Mi 4 • _ i3 13 00 ) aL J , �t 441 *-I� ' : - 4____ I It U to 1 A H W. IS N I G 1T I J O nM A. C~R E CH A r' ]4N1(Y A-IfI Al N >o / I 2 M 1 I h 1 I OKj K1 it I we.' J.W. HAIL,A7A I , ; ,1 X.A� A-./a.7 I u11 .A R. i l! inI u n la 1 t 1 f11 ,►,, j 400 4 t —I ii4C1 al e m i1 lAt 1 ' ' �I I I 1 t ,' .n K 1 I f I 1 II set if 1 ` 1 • I ( I 1 I J 16. IN MA y y in w 1K - I 61.116.) vi ��, diaii "W— t1 1 ,o yK >h 1 i lit41,61 W "1 yr -ow IQ1 so twto� ..�r.-•-.wa t I 'fib f 1N � I 'w M. EARN ' 1 � I w ,.� A-7,7 I 1E M 1 `� xt a1, a 7DA I HARRISON DECKER f+ 1 AO I (4.10., ; M DC 1 1 06 J 1 r1 /111 li '° r St TRACT MAP I 8A-1.0 ' I11-4 1 3892a I E • A • — — — — — — — I SPIN#8 REPRESENTATIVE: - L. 2 "SF-20B" I E.A.Smith TR 1 8.91 AC C.Prade "SF-20A" I (C.: 1 • \ L,) T.Ragan \:.oics ' P Aucker,Uri' �RDf1 r TR SA I �- 2A Rucker,LP.7 _— L J.Peters A. . . : 1 •.......__ < • I TR 1A2.' •W.Minor7 3, 1A3 .03 AC - 35. AC I c T.&R.Bamett N w "P.U.D" _� A2 1.139 Q Tan - amon H.Miller I L N.Pond '- 43 \ _. (� I "cs" o Carron Road Baptis HALE �J _ :VRVEY TR 1A N.Brown ,803 of z "AG" A w I S.Ryan 8 1 ." I d ... .. ..._ TR SA U 4 01 AC "SF-20A" a - I I 0 I g T . 2 I : I c° II :3F2oa. J m l l 1 J.Wright 11 I F li " w m I u" 1 Li c Timarron Land Corp. •• x "P.U.D." :141 ipTF ' I TRI 1B11B2 ADJACENT OWNERS TR 1A °� i1.0 AC,��M No 1.0`5• ' � ,,. � AND ZONING MA_,c6 AC TR 18 I $�^� Rgi ggyy 41p�` a . �:I i (kose ---;---F"-------a-- 1 n I o 1• f wares 1 . I U4 a i A '".' a. 0 , A.,.....,S w...a. 111,21r At tli 2 PR ! •Y! P' R3 i 1.14g I tag�lb et o 1 ,� _ a .I : ti 1Yj8i j ,. .„ _.• 4'„.,,, . .� i' o ' R e _..- I -; - it :,. „. . „ n I .u�z a740 1. ;'• i T ,; -- -- 1 fit I. 1 , . I ;1 1t 1 I I I I tw I d : I 1 31• — •j l z I ,rep I I :+ i I I I X �� I . a c '' �'r i1a It A 3I i . x I • F j1gi 'tsw,,, ImoI..._.. jf - _:'yI`�_`�,'� �.. I1 —.._.._if IN I I , _ Lr : II1 tA s—— S-L— *J L ° cL 66 ,tcz.z.00c l It j t..t:; Iy _.,.„ —�,,. I .... 4. K/ RI F rn ..7 or. i .n t K. 1-1 it' ll '11 — I I b6'tOG O.t ol I I p ^ a w 2 _. 1 0 I. 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H1LI ; 1 - •_ __ _N __. , -s.v. \ • !-- • :A • A-103 SA2 I -` :� RAM001.Cr. i RAtA 11.41 D ••• �� 2C1 , I 1 f 66 6A I i • 1 i 607 68 C I to ' ' ) i in 6C 1 E i I1 1 1 ' A uuI Ir EAT 0014Wio4TK Kw �` —— 1 —— —— — r 1N - ' IAA 41 1e 1tq t 1A LIU y 2n o WWI 14+t0 ifilt mAjtiog • i1' I A - tau tsios - • »� vu -12Ar t 1 A 1 fia L . 2111 I M +- y WI. • / II • 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. G:\WPFREV\9485_DP.WPD 0 i it b'll :, /1 Hg ni ;• p11 , r ii i'1• a 11111 tip11 pilliti.t ,11 I 11Yd � 'i 11'r�,! ii �f'! r! �Yt j1 �'�� � Yt Iz { tlHQ Jl1 �. , ;1r ti .( 111 I of t 1 lr r11 ,1I � • ! 11 • u•i i, ft. I , ) i x Ili I ;; iisl {,1t r, 11[1II L i . r ;_ A 11, 1111 iail is 1r 1 , Ij ,i 1I!! ii� 1 , r � irl � _:. li11,I1, fr1i• PiI n lrt01 till Yi,i ,j 1i .I 111.ii hill 11 ! 12 Cl) = 11 :- � M ' Mb HRi M j■ lilt Miff1 ififlI aq " I + !;i 1 li ;ill I1IØ Z .J.1 ¢ m alike•1 jl ;j1 ,1'/ r! I <11a1 i 11 r w 4•,r b x iI t1• s . = e2.451 iR3'1 i!i +1 o lY�r= _ •� i'i �l1 1J a W �aaV ila111i hi Wit hitil thi M 111 MI 1;1 it J$111 ail ll,tlil !Mil .t h P ' 8 illli jl ' ll'i 1111 1i11i11 111ill 1 ; 11 li h. ri1 (i 1i i. ; ; ;; ,1 'Z � Ili ! J q1 �iitl� IY ! HEIt. 1 =liltii 11i; If jlk 1 i 1111111r!i f it 1 ;l, iY 1 it Yi II •! , iK1i a in 1iu11I lis lS I! !e1 .11 yil4 i jC u e, 1 9=ta q it t 3 3 rill! iE r itys .t r . 11 i 11 '�i di g113 ax Y 5 . 1 1 S lyre X 1;1 .•-- Y' 1 L 1.3I 4 ge. - i- ... M=S s 'a. �a,aa ��.•. ua.at.s=,� --trejoiliii 1 "wiz 1 \ ---- "5-- fizz : t1� LT J . 'am V F I 1,1 1 �:raga rim i i I Z_ 0aiN 1 y Iiii. 111 iv', 1 ,.V-,:,-* --r-ii.fiii I .9 loan R niLii g: IN . '''' ;x5 L' le v .ina . 2.. 4 ,vriz gl •y , .,, 3 ' i 1 ., z Ai h!_ '� *! 6 hilall r# ON i _ IL% � . pi % - lia . . 044firg g . K !psi . RY kY 1ih 1. (.1 flu- .- 1 g i a I I f ii \ i 1, i p i 4 gl g, IP 3r g '1 iv: r V ill %;A 6 0..4'44 IN -ti+ r ti4 I-4 bail.4 a • 3 Y ; lle 4 3 3 lB: e 6p \\ I 1 = j r--�--r-7-T- F- 1I I 1 11 -1 .- -r-� F__ i �— § y 1 iii r 1E.l # € e i 1 111 1;- ,: �` �� Irt i 1Art ir ii i i11 bilk I iilligo! 1 ; ,illy 01 ��4�_ r ' ., ill* ip 1 l hot., qh 1.1______ _.- 41 ,. i 1 i'ieiiii `l lox: 11 loi I Q 111ii�mom lYi� e 1 ll II 1 , . . . . . . . , i 1—,---II 1 ; 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" • tllll' 111111 I18IJI1Ii it jIM r=t i = jililt r 11III tri t i 'l slid l ' i, t !i= lilt Ili' �i r � II;/ , t I II N 0! e ,Ill !j { i l II! 1 jl=1 pit i Itd -" i rlialc it r11 l a 1. ii I l . x a :t , `i 11 l lti� li t � lat !I Ij !j .d !lI r;I 1I pli 3 . iA A i i 'i 'Ht (= 1'1!l l mil irk'lfl ii fir l!j 11ll l li' 11. 1 i'!j 12'11 1.1ii SW t i o5n aj �� ji1.l ��lrJ� j,� ,� 1 it ;�_ ;'1 !t • ajj F;l ;jl�.: ,r° a � � W � O �^khro' ' }� ! + tt1l� j i]j 1i' !I 1tZjl, `,= llllil i ;� _ -J i 1 �" 7 0 . i i t 1� tilaJtiJi =tt tij =RJ tfRlt trti tl 1 t :fi iW S Q ,,$ 4 . Re t- Y 1ji No i l;�gtii1 ;i1 1 I j tt. iy 1 •i (tt r il- $ ¢ . > : _ <�n/. •1 _ ii ,r, try l!g i 1l •7 . O O � o Y�F rc'^vi+i :1= trt } t �( i J0 K � N O<N <<^#'l 11 lilt 14} i11 '• ii JI! t °i11i i oc a I aW< 'op W 3tp : 1; I1 1` i31lii= -11 /1#. !f 1. Will oI w IS x S ° 3q . # } Jill Q Jop1 { pp > 7 a Wviie !! h Mil Ilefillilii lili; ill illi ill li i!III Hill !Willi SiiF b = b 'iR o R • . 1t 1= i I", 11 I 1 (7 7 222 1 1! ;t �!f _; 1 'Ill 11 j 1! i I l l' I e ` r t 11 t 11; 1 1'- 1 1 j,1' I1 11 1 1 ;l >< 1 g 1 4 1 I. ! Ill 1 t lilt =I II ! IIth ! " Lt1ll" Ii 1 /MI i l : i i! Cgo -- _ le, ! Pi l 1e° n :5g p. R� 1, 1-�_—<1 _ wwai r—. ..;a w� �s - + '.nw rur YI: - i •• 1. ,:fhi, id ' it — , ` er.. sr--_ t ! I F ] 31 • io I I I I 1 i ..... 1Rcx ii L ,t,__ ____„ c,, ____I__trije 4101 ii _in 1 :i = g iaa 1II ia•it 1 rim . w. 2 II. 1 1.: 'SY : i •4 1 -1 1 4 r�1 mili aM� 4 I .. .I.! a!t. -lad A r. jSCC I 1 !Y �C= d • ..` ,,, e ` € k v. / Y 6 ...r. i ! - �* ` BEY _1 . . Miliii0: �` �a.n ; t i 2 ;ill" En -eF "1 R I gg E" ALE RW' ] q� s..ot a iY 51 Y r 6 g P .1;1 v-• Nth' t I \d I }q! ‘ pry q I` Y� j;. ;I l°d, 1 " ' sr Np '�• P RG ci ,C! 11 id! 1 !jihi !t til $ a R ! J gig i�etl` i ' ^� , i ! 8 _ ,-- i;ilil"011 __i I I I I I F__. ' r --1 ! is ° 1-1-i :!-- )it g —� j iri IP #/ / 3 .g. 6 _ I a41 1 _ il i ! 1/11 Ilk 1,1 • ! 1 1 19Y1r Oil°! I I °MPH 10• 'h. a lY # t °° �11 ° �. - II r1111 Pt111111ia111rill ,— z y II x ! 1 Y e 1 ijl;1 l iI 1 it 411Eil ill' ! 1__ L 4. - ., ! i Ei ;lQ i ( ll ;IIIl e art r 1 E ° 111 ill ] tII i11l 4 !FI° 1-- -- -r' 1;,;; € 11 1 III!i .1111 1 6i /11tbli l l _111i11i11,,i i, 1 , . . . . . _ . . , 1 L._t--I is 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 (kW /DeZ-—a - 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 /Da. -3 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; -2- l/9a,_ 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 (10" -3- /Da -s- 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. -4- / a 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. -5- /Da--7 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. -6- /Da-—8 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. /Da- 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 � v tm 6:" l < . K c 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 ...«.. *$ e .,., £`A€ ow=. 6 � < 1 a :I Lj� Ff i • £1&�6 -9- / 7a // • r EE c. .r a?: YC➢ k tt;6 I 'z k�t '� ` il,: -i€-; CS¢ �bl c�64: � 4f� 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 -11- /9a -,3 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. -12- /Q2 -/f 11 L Ci • �• u5. b . 4 ,— .__l ' r u t� 1 F 4 \ 1 L ,..,,.,., J. �JC(n�43V 2R7. G�Id�� Ittrit JwKr . M 1.:eK 11K L ,, . r cJ KE PARK • M�pDN 1, ' �' �N�KE p151N No i ,�s9 I .'..30. I ' • ! 50 AD I o ,, w .s.� �r{� 1 , yy i.e MARTIN I �� J Al d 1 J". 3.441 C.M. 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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 X7/(1444Y444S.G 30 7. 41O eft.f/ 3o 7• s'o #i /t z- 41 56 5/ ',,t, a, i 4(5 6. /paw Q,,tA,¢,2,1„Itlf,„ . 1 ettAt4 3 / 6 $./f $ 4 , 440„1. 67 L /Q� -/7 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 • CS2 - 3 �a� - /8 ,. s._. , . ,, 1 , N - -f- \ . ' glui \ - ••:- ....:.\))) ytti.:': ',-- .-- ," '1.-- ' . 11! '1°11 '''' i . i' h : •'.• 1 Oim .--_ C_E-;-.;:- '/- ! .K 1-- ti.\', , Tr 1 . ,. s.,.‘. .. 1 ;..., .‘ . ,. ,7"- 7. .,,q, . :.,I', DRAINAGE 2rt('c 1 , \4 Ei ;► .,. : : ./ STRUCTURE - • ; N0.4 i � I . .1.-• j - , ) -650, c� SCALE /N FEET _. 11. i`d 1: If;i/fi�Aiii„i - _. .2-,..•i_tt ' \p^y .cili • t ;:i3i,;1":::,A=i':11;f1. 1'..0.1;_7i=dzi.- 6*,,A '.. 1 i �--� �� �OxWfif4 litots''‘''''''4V,,,71: ' t I�tr 111 �� � ; '� : 4fi ,,t)gil% - - hl • �.^ � .,-:L-Tz\ I , _' _ �: �' ._ ', -i- ,I1 ' ram\\1,74 0- -",) . ,.:.... • 1 l'...\ ..it WeI�. 1,025.7 ACRES ;�. / - TH4MAS life Yil►bLn �� i+ J 41.7:44k it, .-i--Aktir :4111:4) 1#6) ))1,..114pAisfif r-toiar411--1 glittle .. ( !dB irituad tol, „ Affet.iik — a 774 Ai 00- ,WY ' -15mv112,41—PIMG.17•----4 02-1 '' )Li- --- '.. 117-':..1 ' - .."'- 'M.I*ft " 1 I ! ' '• •fklIMPzidikiIIIMIIPb......- ... i i ,..J i 16 I;r. • - EY$11-•' if- -- Lsdi 1 i a , , ' . T SI ...f, , •:41"10'jil Aria% WIP . '.•. ..' 71,1W-01Wailligeal ..' \ ' .\) 1) /(1 '. . 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'00 ..„...-1-..,„046,1 il kol, , _,,T.r k At. lig 11411/6 1 iL .4- 11\iir , r ...; - .. . . .1t - .Ai- ''' , ai.•: 6. VIIIIC' In ,voth.,‘Liwifackl— N• O 1.. iw .. - ..� _ 1 _ F. •g ti llr• 1 j - CS 4 ; 4 , 1r� 't1 CITY OF SOUTHLAKE `r 1 i-I r 1 0,.. ,il,ir,� in _ , �,g4, =! CRITICAL STRUCTURES STUDY ... ... `'� �!ll. )�. ,aa;%�: DRAINAGE STRUCTURE NO. 4 ri• I WOW `�tir,I ,fir• /f_G� _ CHEATHAM &: ASSOCIATES _ - CONSULTING ENGINEERS - SURVEYORS - FANNERS 1601 E. LAMAR BLVD. SUITE 200 ARLINGT N. TEXAS AS 76011 (817) 548-0696 /e0 -/9 - / IE I J7 ! i i('1 a tL % • ..,.:._, i,ii,....?(-0, ,...,..., ill I ' ; i 1 ,. •GYJ. ,`�7,11 I t 11` II. 1 \. .j;V f...i J1� • 7 �' / r 1 <t 1, •.\-� ` 1'1`•�,j ii .-'j- i �9/, '<%. `ki le ..„. h N <./ i. r <.r,.. . . 9. • '� 1+ " .•" DRAINAGE \til''.' Az.-) -a te` - �;.. `" j l• � , - . , STRUCTURE iS ----- .30- ,-- ;) , ..‘;z,,, .., 0 _ : \1(1—cy _' sl- 4 1--:-.7:- ..-.- • /'/ z • ' , :r� ' ' !:7� '� N Ot ...eft,: it ) *-- . ..____-_____i . . ,.,_ .),--V.i- .- j.; ' ‘' --t`\` , 3 209.0 ACRES — _ ;, . °°� 1s 1V" -''` '' 1 — - .- It — y FF r• Ics<t 11 O F, I /41 f ' lie.' '?'')) "111 - ': O—� 1I; ' P ..),,;;.1- tia- .4- -T .„1-'--.ii-i1;1-:.,.--•,.,;1411. f. 4 ....-.•*ki ': \LIIIIIV' o r•Ii.iiir.-i • "- lre_-•i-'t- V -.• 0 1000 2000 IIII ,,1)7,,,...\_/ • (.,9„W4- v- zit..! f ' ��} �� O ',:(1 SCALE /N FEET I' L. 416\7-1.. • ,VP": ••• I '% ..? 1 ' ..b. -. .67 -•• ly—V). ' )Tili 1.43‘1 a I it ,) ...j. ......:-.;...I 1.7-,...._.-- -.- - ea• . .:- i O •/, / ,Ifi �,ir ,Y,Ii -�Ilit '(i6iA c_ — yJ: } <. ` AT . 15 ,) f, - -- -- - -.. at- asp% -------1-wiN . Ia o t -ram I iiti �•[��{`�il ., . , 1 9.t II ;,is • J.r ( di/ vt./ .IF,. i/, . i i , .., • • iti,,,,,e, 4, 4_ _ igh,�'g' CITY OF SOUTHLAKE is wo _ I �r� CRITICAL STRUCTURES STUDY '�' 4-146q 1 . , , , pi - 14, • i • s i , •r/ - . .I�. DRAINAGE STRUCTURE NO. 2111 tivoiropp.„_,...14 10,11 var...., i ; _.:_.! ' • ' - CS 2 - 4 � CHEATHAM t� ASSOCIATES -�'7� _,_ ' /t�/�, < ( i '.4 '' CONSULTING ENGINEER_ :SURVEYORS PLANNERS :.t ...+ � IC.01 E. IAl/AH NLVP -l. SI'1� � 7NU II - ANNGTUN. TEXAS 7601 I ._ � �. ..I (517) 'HN-Of96 METRO LC'.-11tl1F. / a-ao 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- r rL... 'Ts [(1,( ; 'Lc, ( — OSA rr b � .1 . D1 VIDyDOIJT HIT • ` • e _._ , "Ant. .-.v)1 i ...:.v.....:,,,,.3:74 _DENTON _ I I J. G9C�(rvJGG TT [tfN/. MILL — I ro TARRANT r ; { —1 /III .!. 1\q DQMID ‘111r— 4 — PRK '-, , r ,,, L. ,----- - -.-04 fr,..10 1 iCS 14-1 P, i I e I`= 1' � E WESSIA IJ0 1 r 1 t K ON r ' `r-I _ f'� Pppj11 9: crIl I ��''\� /SOW 1 Vi J AAK. ._wo ="' Klpv l / M • AI III --_ _ J '"' ilia` ® ••- ---- �- I I 2 flj IA.B ,��//�1B,q (gyp ,A�, III r --- ;I ©.P:N. THCtOOF --1 I °'PJy AlA i vK' I . fl >M3A1 an r I!l 1136 A• r_ k •)- I !Ar X `r I . 5 m ru 1.1 n.n Ac • -- --- Uu Az 7A6 ) Miu11�IIIIIIw A `` 2 -- VIP SA.,, .pp Of*.,...� , Nti,�c.*ES E. M r„TI�� i �tPNFpRp C. 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I (= Ye 31i CO =0 !1 Y i ( l• , I , a ill t a tlll a ,• 1I ;a I I 1.l illi I �;I �; :� , I E!I ie 1�1 I le •I!f; it 141 lr 39li _ ia.+r § :� ii � : )_.. I 1 Ili .4.4%4z i / G 'LLt1M�abiw�= J ••:— .11..t.. ill .� X �Y ' . s— am ? � f .....— �— ,.y�� ' r1 h Y 2:r 1 �'• � �� 1- .. 1 tlN xl" go \ 3 I 1 s . f - • �'i' \ s I . ^�. •8 uo ` gam\ _- //� •/ I O-b$8 ; r k ; I : dF�R8»« to rII I x; x • I (*we' I 1 lil I. r ! • s• • 2 SI,44, • ' ------ a...x• • v. <tb ,l I ' 4 .1 — -- Ji" 1v i f I X - _ w$ - • - Ja h W a. V I i h w - G • - _I 2 Z W O • .. .- 0 la la I 1 u � o a as xl __..-. I . '4; -r -f , f." LI i i ppprProtigii1 .011•Mill S 1 .. 1 ....-. i , . 1 : Al _' I (60e. II _ e,:, Y „t.,s �,w.t. • `�% ,71- /Da6—/,. '. r • 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 L /De-/ 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. L /De-a • .... ` • 1 J{-•%: I ' t :IJI I'i • a a mum su .12 c t I: lFF !ii . a i I. ILMEMOCE, ruit igas_ it 1 e 1 j i 0 imussom 0 . '4.)314.,,-. (I\--.1 ,1,..11 . L . .‘,. _:__s . _ __,. .., ,, fr, _I • r -(t'°W S j1IIj - ..---.4.*-.- i r6-7:.4% i : tr I ' c< I I r� i :7 r ` 1 .�- } a — ea 1 -- — Min ri....,...ci I . 71 ! I; MAD I i . :e , i 1 ii7::::.1.•.4:I 1\, .. I III 'V..... lej il.1 i 81 \I\*/ ) 1 LL-1.'-- 171 7,. o r ATs a . yr 0. � rrZ i ?4A, e z w i. a - 4 o In c tu I- ,,fi�r1 el, - ,� i W W -I—'- =fi i 0 Try; .•: , ` , W 4 .4! _wip -- I A MI W `1 � h RlY . e I \ r� �L__ d i t ,4 \ i7 L . __ . .______ . . ..___ ____. . .. /De-3 ........ • l ' L . , .:. : , , • • I I I. i� . 2 .1.,/ I \\_.--_.--c--_._—LP:0'4 ;4) z i - . — .....—, ._____.-974' ,,./ . . \ ' UQ ; , S i� a•1•p 1•olulsaM al C �,• E - �Pil • l Y • / / . -g II / // • ' • 1 ' • `,. ! I If ! ` / // g . Akio., . 2 , e 1 ____________. Ai. • , ,17_____________.__ __ i • Jo 1 :, 11;6 4s: . •• t,!...• z 1 ..ii ,••• \ _e_ i 11:;, 0 . _ \ \ • •:1 i •,.• 1 z - .• . i iiili ; ,� ` \�`0 I I III i I \ \ y Y I 1 I I ,' \I f. • ' 1 1 1 \\_____ Di . ..___. _ ...__ __ L . -- . . ____ _ ___ ___ _ _. . /De- 1 (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 a'- c 0 HIGHLANE STREET Y PROJECT 0 } LOCATION o o ti Q 0 774 SOUTHLAKE BLVD FM 1709 SPUR 382 0 Q Y ti U 3 B/C \BEAR CONTINENTAL BLVD > CREE I Q k ) 3 o J a a o m DALLAS/FT. WORTH JOHN McCAIN ROAD REGIONAL AIRPORT GRAPEVINE \ N z a ti� N V a 2' 62, J a 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 - - ID 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 , r-- BAPTIST CHURCH I 1 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