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1995-05-02 CC Packet t�iAY ® ? a � L. r Urfa laL-1 -lF 1 PO A. R R May 2, 1995 t----- • VIA PACSIKIL$ Ms. Karen Gandy Zoning Administrator City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Re: Case No. ZA 95-30 Dear Karen: Timarron respectfully requests to reschedule the referenced case to the May 16, 1994, City Council meeting. Your assistance with this request will be appreciated. Respectfully, (aor alf?„ei, lijitir Steve E. Yett , Development Director I SEY/ers cc: R.L. Cx-oteau •S fl\legal\private\tm\gandy.ltr 1/4161. City of Southlake,Texas MEMORANDUM (Pr* May 11, 1995 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Regulating Public Access on Private Property As the city becomes more populous it is important that Public Safety be proactive in the protection of its citizens while allowing the general public to participate in local commerce in the regular traversement of the city in a safe and convenient manner. This ordinance will allow any citizen to move about the city, business to business, unobstructed by vehicular or pedestrian traffic that does not pertain to the business in which they are trying to access. The parking lots and areas of a business are for the customers and not an area for gathering of numbers of people in cars with no apparent intent of patronizing the establishments. Highlights of this ordinance are that it is nonmanditorily to participate. It regulates non-customers on private property, participation is indicated to the public by the installation of signs in a conspicuous place as per the ordinance and it sets guidelines for enforcement. tiv Section I gives the definition of parking and access area and private business premises. Section II states that the owner or operator of a business may post signs in a conspicuous place with clear wording per the city ordinance. Section III illustrates the violation allows prima facia evidence is when a person enters a signed business area in a motor vehicle and then exits that same parking and access area without parking or entering the business in a repeated fashion. One remaining on the parking and access area of a private business without patronizing the business or for a lengthy stay after patronizing the business is also a violation. Section IV gives the officer some guidelines to follow when considering or determining a violation such as the amount of time a person spends on a parking lot or access area when not engaged in business and/or whether he is congregating with other people and whether the businesses are open or closed. We recommend that City Council consider this ordinance in leu of any other regulatory ordinances such as cruising, curfews, etc. We believe this will allow for some necessary enforcement of vehicular and pedestrian enforcement for general safety. Attached is the ordinance as provided by the City Attorney. bZ--; BC/bls //,47.j TEL No . Apr 21 ,95 13 :56 No .013 P .02 ORDINANCE NO. - AN ORDINANCE AUTHORIZING PRIVATE BUSINESSES TO POST SIGNS LIMITING ACCESS TO THE BUSINESS PREMISES; CREATING AN OFFENSE FOR VIOLATING THE LIMITATIONS;PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;AND PROVIDING AN EFFECl'IVE DATE WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article Xl, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the city council has determine that in order to protect the health safety and welfare of its citizens and to assure that business parking areas are not unnecessarily flor obstructed with the congregation of person's and vehicles and that parking areas are available for use by business customers during business hours; and WHEREAS, after business hours, the congregation of person's and vehicles on business parking areas, in violation of posted signs, has resulted in cases of chemical abuse, littering, loud and raucous noise, gang activity, and vandalism; NOW, THEREFORE, BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: SECTION 1. Definitions. In this ordinance: CITY means the city of Southlake, Texas. PARKING AND ACCESS AREA means the private property surrounding a private business,which is used for parking vehicles of the customers of the business or as roadways -1- ///4 TEL No . Apr 21 ,95 13 :56 No .013 P .03 L giving access to the business and its parking areas,including grass,concrete,or other dividing and perimeter areas. PRIVATE BUSINESS PREMISES means the business structure and the parking and access areas of a business or a number of businesses. SECTION 2. Posting signs. (a) The owner or operator of a private business premises may post a sign or signs at or near entrances to the parking and access areas of the business,stating words conveying the following meaning: "Parking and access through this area are reserved for customers of the business(es) only. Others on the premises are in violation of city ordinance" (b) When signs are posted as described in Subsection (a), the parking and access areas of the private business premises arc reserved for the customers of the business or businesses located cm the private business premises. (c) Signs posted pursuant to Subsection(a)must be posted in a conspicuous place at or near the entrances to the parking and access area of the private business premises and must be easily read by persons entering the area. SECTION 3. Violations. (a) A person commits an offense if the person enters upon the parking and access area of a private business premises where a sign or signs as described in Section 2(a) are posted at or near the entrances,and the person is not patronizing or attempting to patronize a business located on the private business premises. (b) It is prima facia evidence that a person has committed an offense under Subsection (a) if the person: (1) enters the parking and access area of a private business premises in a motor vehicle and exits the parking and access area more than one time within a 30-minute period without parking and entering a business located on the private business premises;or (2) remains on the parking and access area of a private business premises either without patronizing a business or upon completion of patronizing a business on the premises. L z- /// �1- TEL No . Apr 21 ,95 13 :56 No .013 P .04 SECTION 4. Determination of violation. In determining whether a violation of Section 3(a) has occurred, an officer shall take the following factors into consideration: (a) the amount of time the person spends in the parking and access area when not engaged in patronizing a business; (b) whether the person has joined others who have congregated in a parking and access area; (e) whether the business or business are open. SECTION S. 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 other ordinances, in which event the conflicting provisions of the other ordinances are hereby repealed. SECTION 6. 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. // -1 -9- courts without further proof than their production. L SECTION 9. Newspaper publication clause. The City Secretary of the City of Southiake 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 thinnt.. ;zwaura ar tiein nnr �n �"4t realty in Ulf inl. .;1Pw4n1Anf'r t�T11� ��11PWIl��1l�.Aftil 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 Southiake. SECTION 10. Effective date clause. 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 -a- C //e 5 TEL No . Apr 21 ,95 13:56 No .013 P .05 PASSED AND APPROVED ON SECOND READING ON THIS DAY OF _, 1995. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney slake\urdirrancVhopcnu.ord ORDINANCE NO. 635 CODE OF ETHICS AND CONDUCT AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS ADOPTING A CODE OF ETHICS AND CONDUCT APPLICABLE TO OFFICERS, EMPLOYEES AND BOARD MEMBERS WITHIN THE CITY;PROVIDING STANDARDS OF CONDUCT FOR SUCH OFFICERS, EMPLOYEES AND BOARD MEMBERS; REQUIRING THE DISCLOSURE OF CONFLICTS OF INTERESTS; PROVIDING FOR THE RENDERING OF ADVISORY OPINIONS BY THE CITY ATTORNEY; PROVIDING FOR ENFORCEMENT AND PENALTIES FOR VIOLATIONS HEREOF; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; 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 cs, 9 of the Local Government Code; and WHEREAS, the City Council of the City of Southlake deems it necessary and advisable to adopt a Code of. Ethics and Conduct applicable to the conduct of officers, employees and board members while acting in their official capacities in representing the City of Southlake. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: • SECTION 1. DECLARATION OF POLICY It is hereby declared to be the policy of the City of Southlake that the proper operation of democratic government requires that public officials and employees be independent, impartial and responsible only to the people of the city; that governmental decisions and policy should be made in the proper channels of the governmental structure; that no officer, employee or member of any board, commission or committee should have any interest, financial or otherwise, direct or indirect, or engage in any business, transaction or professional activity or incur any obligation of any nature which is in conflict with the proper discharge of his or her duties in the public interest; that public office and public employment are positions of public trust imposing the duty of a fiduciary upon all employees and officeholders, who are not to use their public position for personal gain, and that the public should have confidence in the integrity of its government. To implement such a policy, the City Council deems it advisable to enact this code of ethics and conduct for all officers, employees and advisory board members, whether elected or appointed, paid or unpaid, to serve not only as a guide for official conduct of the city's public servants, but also as a basis for discipline for those who refuse to abide by its terms. This code of ethics and conduct is cumulative of other ordinances, city charter provisions and state statutes defining and prohibiting conflict of interest. SECTION 2. DEFINITIONS For the purposes of the this code of ethics and conduct the following words and phrases shall have the meanings ascribed to them by this section. Advisory board shall mean a board, commission or committee of the city that functions only in an advisory or study capacity. Business entity shall mean a sole proprietorship, partnership, firm, corporation, association, holding company, jointstock company, receivership, trust, or any other entity recognized by law. Lov c:\wp51\ord&res\ethics.635/kb 2 Employee shall mean any person employed by the city, including those individuals on a part-time basis, but such term shall not be extended to apply to any independent contractor. Knowingly. A person acts knowingly, or with knowledge, with respect to the nature of his or her conduct or to circumstances surrounding his or her conduct when he is aware of the nature of his or her conduct or that the circumstances exist. A person acts knowing, or with knowledge, with respect to a result of his or her conduct when he is aware that his or her conduct is reasonably certain to cause the result. Officer shall mean any member of the City Council, the Planning and Zoning Commission, the Board of Adjustment, the Building Board of Appeals and any member of a board, commission or committee established by ordinance, charter or state law that has final approval authority over any application, permit, license or other City approvals; provided, no member of an advisory board shall be deemed an officer of the city. Substantial interest. A. A person has a substantial interest in a business entity if: (1) The interest is ownership of ten (10) percent or more of the voting stock or shares of the business entity or ownership of either ten (10) percent or more or five thousand dollars ($5,000.00) or more of the fair market value of the business entity (see Section 171.002, Texas Local Government Code); or (2) Funds received by the person from the business entity exceed ten (10) percent of the person's gross income for the previous year (see Section 171.002, Texas Local Government Code); or (3) The person holds a position of member of the board of directors or other c:\wp51\ord&res\ethics.635/kb 3 governing board of the business entity; or (4) The person serves as an elected officer of the business entity; or (5) The person is an employee of the business entity; or (6) The person is a creditor, debtor or guarantor of the business entity in the amount of five thousand dollars ($5,000.00) or more; or (7) Property of the person has been pledged to the business entity or is subject to a lien in favor of the business entity in the amount five thousand dollars ($5,000.00) or more. B. A person does not have a substantial interest in a business entity if: (1) The person holds a position as a member of the board of directors or other governing board of a business entity; and (2) The person has been designated by the City Council to serve on such board; and (3) The person receives no remuneration, either directly or indirectly, for his or her service on such board; and (4) The primary nature of the business entity is either charitable, nonprofit or governmental. C. A person has a substantial interest in real property if the interest is an equitable or legal ownership interest with a fair market value of two thousand five hundred dollars ($2,500.00) or more (see Section 171.002, Texas Local Government Code). D. A person has a substantial interest under this ordinance if the person's spouse or a person related to the person in the first degree by consanguinity or affinity has c:\wp51\ord&res\ethics.635/kb 4 a substantial interest under this ordinance (see Section 171.002, Texas Local Government Code). A person is related in the first degree by consanguinity to his or her father, mother, brother, sister, son or daughter. A person is related in the first degree by affinity to his or her father-in-law, mother-in-law, brother's spouse, sister's spouse, son-in-law or daughter-in-law. SECTION 3. STANDARDS OF CONDUCT A. No city officer, employee .or advisory board member; or their spouses, shall knowingly: (1) Accept or solicit any gift, favor, service or thing of value from any person, group or business entity that might reasonably tend to influence him in the discharge of his or her official duties. This prohibition shall not apply to: (a) An occasional non-pecuniary gift, insignificant in value; or (b) An award publicly presented in recognition of public service; or (c) Any gift which would have been offered or given to him if he were not a city officer, employee or advisory board member, or their spouses. (2) Grant in the discharge of his or her official duties any improper favor, service or thing of value to any person, group or business entity; (3) Accept or solicit any gift, favor, service or thing of value, including a promise of future employment, of sufficient economic value that it might c:\wp51\ord&res\ethics.635/kb 5 reasonably tend to influence him, in the discharge of his or her official duties, from any person, group or business entity: (a) Who is licensed or has a substantial interest in any business entity that is licensed by any city department, agency, commission or board on which the city officer, employee or advisory board member serves; or (b) Who has a financial interest in any proposed ordinance or decision upon which the city officer, employee or advisory board member may or must act or make a recommendation; provided, however, that any city officer, employee or advisory board member and their spouses, may accept travel and related expenses to attend ceremonial functions,provided that such acceptance and attendance have been approved by the City Council prior to the occurrence of the ceremonial function. (4) Knowingly disclose any confidential information gained by reason of the position of the officer, employee or advisory board member concerning the property, operations, policies or affairs of the city, or use such confidential information to advance any personal interest, financial or otherwise, of such officer, employee or advisory board member, or others. This subparagraph 4 shall not preclude disclosure of such confidential information in connection with any investigation or proceeding regarding whether there has been a violation of the standards of conduct set forth in this code. c:\wp51\ord&res\ethics.635/kb 6 (5) Use one's position or office of employment or city facilities, personnel, equipment or supplies to secure special privileges or exemptions for himself or others or for the private gain of the city officer, employee, advisory board member or his or her spouse. (6) Engage in any exchange, purchase or sale of property, goods or services with the city, except: (a) Rendering services to the city as an officer, employee or advisory board member; (b) Paying taxes, fines, utility service or filing fees; (c) Executing and performing any developer's agreement or plat in compliance with laws and regulations applicable to any person; provided, however, that if any city ordinance, rule or regulation allows any discretion by the appropriate officers or employees of the city in the interpretation or enforcement of such ordinance, rule or regulation, any such discretion shall be exercised in favor of the city in connection with any such developer's agreement or plat; (d) Advisory board members who are not otherwise officers or employees of the city, may engage in any exchange, purchase or sale of property, goods or services with the city, or enter into a contract with the city, provided that the board on which they are a member has no advisory function or cognizance, direct or indirect, present or prospective, with respect to the transaction in c:\wp51\ord&res\ethics.635/kb 7 which such advisory board member engages or proposes to engage. (7) Hold himself out as representing the city in any capacity other than that for which he was appointed, elected or hired. (8) Engage in or accept private employment or render a service when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair his or her independent judgment in the performance of his or her official duties. (9) Make or permit the unauthorized use of city owned vehicles, equipment, materials or property. (10) Grant any special consideration, treatment or advantage to any citizen beyond that which is available to every other citizen. (11) After termination of service or employment with the city, appear before any board or commission of the city in relation to any case, proceeding or application in which he or she personally participated or which was under his or her active consideration, during the period of his or her service or employment. (12) Transact any business in his or her official capacity with the city with a business entity in which he has a substantial interest. (13) Engage in any dishonest or criminal act or any other conduct prejudicial to the government of the city or that reflects discredit upon the government of the city. L c:\wp51\ord&res\ethics.635/kb 8 (14) Knowingly perform or refuse to perform any act in order to deliberately thwart the execution of city ordinances, rules or regulations or the achievement of official city programs. B. No member of the City Council, salaried city officer or city employee shall knowingly represent, directly or indirectly, any person, group or business entity: (1) Before the City Council or any department, agency, board or commission of the city; (2) In any action or proceeding against the interests of the city or in any litigation in which the city or any department, agency, board or commission thereof is a party; or (3) In any action or proceeding in the municipal courts of the city which was instituted by a city officer or employee in the course of his or her official duties, or a criminal proceeding in which any city officer or employee is a material witness for the prosecution. C. No member of a city board or commission shall knowingly represent, directly or indirectly, any person, group or business entity: (1) Before the City Council or the board or commission of which he or she is a member; (2) Before a board or commission which has appellate jurisdiction over the board or commission of which he or she is a member; (3) In any action or proceeding against the interests of the city or in any litigation in which the city or any department, agency, board or commission thereof is a party; or (4) In any action or proceeding in the municipal courts of the city which was c:\wp51\ard&res\ethics.635/kb 9 instituted by a city officer or employee in the course of his or her official duties, or a criminal proceeding in which any city officer or employee is a material witness for the prosecution. D. The restrictions in this section do not prohibit the following: (1) A city employee or member of a city board or commission (other than City Council), or his or her spouse, appearing before the City Council or a city department, agency, board or commission to represent himself or herself in a matter affecting his or her property; provided, however, that no such person, or his or her spouse, shall appear before the board or commission of which he or she is a member; or (2) A city employee or officer of an employee organization appearing before the City Council or a city department, agency, board or commission to address employment matters. E. The restrictions in this section do not apply to business associates of officers, employees or advisory board members, but only personally to the officers, employees and advisory board members themselves. SECTION 4. DISCLOSURE OF INTEREST A. If any city officer, employee or advisory board member has a substantial interest in a business entity or real property involved in any decision pending before such officer, employee, or advisory board member, or the body of which he or she is a member, such officer, employee, or advisory board member shall disclose such c:\wp51\ord&res\ethics.635/kb 10 • interest as provided in paragraph C below and shall not, except as provided in L, paragraph B below, discuss the substance of the matter at any time with any other member of the board of which he is a member or any other body which will vote on or otherwise participate in the consideration of the matter. B. If any of the following interests are involved in any decision pending before any city officer, employee, or advisory board member, or the body of which he is a member, such officer, employee, or advisory board member must disclose such interest as provided in paragraph C below, but he shall be permitted to vote on and participate in the consideration of such matter: (1) A decision concerning a bank or other financial institution from which the officer, employee, or advisory board member has a home mortgage, automobile loan, or other installment loan, if the loan is not currently in default, was originally for a term of more than 2 years and cannot be accelerated except for failure to make payments according to the terms thereof; (2) A decision concerning a bank or other financial institution in which the officer, employee, or advisory board member holds a savings account, checking account or certificate of deposit and which is fully insured by the U.S. government or an agency thereof; (3) A decision concerning a business entity with which the officer, employee, or advisory board member has a retail or credit card account; (4) A decision concerning the approval of substitution of collateral by a city depository bank; c:\wp51\ord&res\ethics.635/kb 11 (5) A decision concerning real property in which the officer, employee or advisory board member has a substantial interest if it is not reasonably foreseeable that such decision would have a special economic effect on the value of the property, distinguishable from the effect on the public (see Section 171.004, Texas Local Government Code). C. A city officer, employee or advisory board member shall disclose the existence of any substantial interest in a business entity or real property involved in any decision pending before such officer, employee or advisory board member, or the body of which he is a member. To comply with this paragraph, a city officer or advisory board member shall, prior to any discussion or determination of the matter, either file and affidavit of disclosure as required by Section 171.004 of the Texas Local Government Code or, if not so required, shall publicly disclose fir in the official records of the body or of the city secretary the nature of the interest. To comply with this paragraph, a city employee shall notify his or her superior in writing of the nature of any substantial interest he may have in a business entity or real property which would be affected by an exercise of discretionary authority by the city employee and such superior shall assign the matter to another employee. SECTION 5. ENFORCEMENT A. The City Council shall have the primary responsibility for the enforcement of this code. The City Council may direct the city attorney to investigate or prosecute any apparent violation of the code or it may employ or appoint any qualified c:\wp51\ord&res\ethics.635/kb 12 attorney to investigate or prosecute any violation or series of violations of this code by one or more persons. At the direction of the City Council, the city attorney shall have the power to investigate any complaint, to initiate any suit; and to prosecute any action on behalf of the city where such action is appropriate. B. Any person who believes that a violation of any portion of the code has occurred may file a complaint with the City Council who may then proceed as provided in paragraph A above. However, nothing in this code shall be construed to prevent complainants from instituting direct legal action through the appropriate judicial authority. SECTION 6. ADVISORY OPINIONS A. Where any officer, employee or advisory board member has a doubt as to the • applicability of any provision of this code to a particular situation, or as to the definition of terms used herein, he may apply to the city attorney for an advisory opinion. The officer, employee or advisory board member shall have the opportunity to present his or her interpretation of the facts at issue and of the applicability of provisions of the code before such advisory opinion is made. B. Until amended or revoked, any advisory opinion shall be binding on the city, the City Council, and the city attorney in any subsequent actions concerning the public officer, employee or advisory board member who sought the opinion and acted on it in good faith, unless material facts were omitted or misstated in the request for the advisory opinion. Such opinion shall not be binding in any action initiated by any private citizen. c:\wp51\ord&res\ethics.635/kb 13 SECTION 7. PENALTIES; FORFEITED POSITION; EXEMPTIONS; INJUNCTIONS A. Except where otherwise provided by state law, it is not the intent of this code that violations thereof be subject to criminal penalties. B. Whenever the City Council has determined that any officer, employee or advisory board member has violated any provision of this code, such officer, employee or advisory board member shall be subject to discipline, including forfeiture of his or her office or position. Nothing in this ordinance shall be construed to prohibit such officer, employee or advisory board member from being re-elected, reappointed or otherwise rehired to any position forfeited under the provisions of this code. C. The City Council may exempt from the provisions of this code any conduct found (119 to constitute a violation by an officer, employee or advisory board member if it finds that the enforcement of this code with respect to such conduct is not in the public interest. D. Any contract or transaction which was the subject of an official act or action of the city in which there is an interest prohibited by this code, or which involved the violation of a provision of this code, shall be voidable at the option of the City Council. E. At the discretion of the City Council, the city attorney shall have the power, where a violation of the provisions of this code is threatened or has occurred, to bring a civil action or proceeding, at law or in equity, for a judgment enjoining any violation of the provisions of this code or requiring the relinquishment of any prohibited interest or the voiding of any such contract or transaction, taking into c:\wp51\ord&res\ethics.635/kb 14 account the interests of the city and any third persons who may be injured thereby. Where the CityCouncil determines that thepublic interest maybest be served by not voiding a contract or transaction entered into in violation of this code, such contract or transaction may be enforced and an action or proceeding may be brought against any officer, employee or advisory board member found in violation of provisions of this code for damages, not to exceed twice the damages suffered by the city or twice the profit or gain realized by the officer, employee or advisory board member, whichever is greater. SECTION S. DISTRIBUTION OF CODE OF ETHICS AND CONDUCT The city secretary shall cause a copy of this code of ethics and conduct to be distributed to everyofficer, employee and advisoryboard member of the citywithin thirty (30) days after enactment of this code. Each officer, employee and advisory board member thereafter elected, hired or appointed shall be furnished a copy before entering upon the duties of his or her office or employment and shall sign a written statement acknowledging receipt of the copy. A copy of the ordinance shall be furnished to each officer, employee and advisory board member each year. SECTION 9. 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. c:\wp51\ord&res\ethics.635/kb 15 SECTION 10. 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. SECTION 11. 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 12. 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. c:\wp51\ord&res\ethics.635/kb 16 PASSED AND APPROVED ON FIRST READING ON THIS 7 DAY OF Pi.v.,e/AJ , 1995 ‘Alt;KZ AYOR .v ATT ST: k11141/16 --) ITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS ,2/ DAY OF 11 , 1995. 4v�HuarAYOR IN ATT T: /1.1ilAit,ktx C TY SECRETARY APPROVED AS TO FORM AND LEGALITY: 1 City Attorney Date: q- 9S-r" ADOPTED: 7C".-,v, II' ( EFFECTIVE:77/4/ C, 7, )17� c:\wp51\ord&res\ethics.635/kb 17 City of Southlake 1995 SUBMITTAL SCHEDULE y - 1995 � JMUMY r' UUV!t! _ :it UI ! 1 i II!U ! L .` '§'. % r ' i M T W T., ,, ¢ E. �� ,� 6 8 9 10 11 12 6 14 q. '' 0 is' '�ea4,°x' 1 £ ,,s a z1 z1 2s 26 27 ze FEIRUARY 11/14/94 11/24/94 12/02/94 12/08/94 12/12/94 12/16/94 12/20/94 f M T W T F 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 * * * * 12/27/94-Tu 12/30/94 01/03/95 19 20 21 22 23 24 25 26 27 28 12/12/94 12/22/94 12/29/94-Th 01/05/95 01/09/95 01/13/95 01/17/95 MARCH ... ..'.'.'.'."... SMTWTFS 12/27/94-Tu 01/05/95 01/13/95 01/19/95 01/23/95 02/03/95 02/07/95 1 z 3 1 5 6 7 6 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 26 27 28 29 30 31 01/16/95 01/26/95 02/03/95 02/09/95 02/13/95 02/17/95 02/21/95 ............_.................. Al fUL 01/30/95 02/09/95 02/17/95 02/23/95 02/27/95 03/03/95 03/07/95 f M T W T F 2 3 4 5 6 7 E 9 10 11 12 13 14 15 02/13/95 02/23/95 03/03/95 03/09/95 03/13/95 03/17/95 03/21/95 16 17 16 19 20 21 22 a 23 24 25 26 27 26 29 30 02/27/95 03/09/95 03/17/95 03/23/95 03/27/95 03/31/95 04/04/95 MAY f M T W T F f 03/13/95 03/23/95 03/31/95 04/06/95 04/10/95 04/14/95 04/18/95 7 e 9 10 11 1z la ...............» 14 15 16 17 18 19 20 21 22 23 24 25 26 27 03/27/95 04/06/95 04/14/95 04/20/95 04/24/95 04/28/95 05/02/95 28 290 91 JUNE -• 04/10/95 04/20/95 04/28/95 05/04/95 05/08/95 05/12/95 05/16/95 SMTWTFS 1 2 3 4 5 6 7 6 910 04/24/95 05/04/95 05/12/95 05/18/95 05/22/95 06/02/95 06/06/95 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 te 05/15/95 05/25/95 06/02/95 06/08/95 06/12/95 06/16/95 06/20/95 JULY SMTWTFS * * * * * * * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 06/12/95 06/22/95 06/30/95 07/06/95 07/10/95 07/14/95 07/18/95 x+24 25 26 2r 2°29 30 31 06/26/95 07/06/95 07/14/95 07/20/95 07/24/95 07/28/95 08/01/95 f M Taw°� F f 1 2 3 4 5 6 7 8 9 10 11 12 07/10/95 07/20/95 07/28/95 08/03/95 08/07/95 08/11/95 08/15/95 13 a 15 16 n 16 19 20 21 22 23 24 25 26 27 28 29 30 31 07/24/95 08/03/95 08/11/95 08/17/95 08/21/95 09/01/95 SMTWIFSSEMTJAIER T W T F f 08/14/95 08/24/95 09/01/95 09/07/95 09/11/95 09/15/95 09/19/95 3 4 5 5 7 8 2 10 11 12 13 14 15 16 08/28/95 09/07/95 09/15/95 09/21/95 09/25/95 09/29/95 10/03/95 24 254 25 2 26 20 26 27?8 22 23 28 29 30 09/11/95 09/21/95 09/29/95 10/05/95 10/09/95 10/13/95 10/17/95 f M TFS F f 1 2 3 4 5 6 7 09/25/95 10/05/95 10/13/95 10/19/95 10/23/95 11/03/95 11/07/95 155 16 17 18 19 20 21 22 23.24 25 26 27 26 29 30 31 10/16/95 10/26/95 11/03/95 11/09/95 11/13/95 11/17/95 11/21/95 NOVEMBER * * * * 11/27/95 12/01/95 12/05/95 SMTW T F S 5 6 7 8 9 10 11 12 13 14 15 16 17 18 11/13/95 11/22/95 12/01/95 12/07/95 12/11/95 12/15/95 12/19/95 26 20 21 22 23 24 25 11/27/95 12/07/95 12/15/95 12/21/95 12/26/95-Tu 12/29/95 01/02/96 DECEMBER SNITWTFS 1 2 12/11/95 12/21/95 12/29/95 01/04/96 01/08/96 01/12/96 01/16/96 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1E 19 20 21 22 23 24 25 26 27 28 29 30 12/26/95-Tu 01/04/96 01/12/96 01/18/96 01/22/96 02/02/96 02/06/96 31 : WPFILISTS\P&ZSCHED.95 City of Southlake,Texas JOINT CITY COUNCIL AND PLANNING AND ZONING COMMISSION WORK SESSION: WEDNESDAY, MARCH 22. 1995 LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chambers of City Hall TIME: 7:00 TO 9:30 P.M. STUDY AREA: CORRIDORS FOR S.H. 114. F.M. 1709., F.M. 1938 PURPOSE: TO DISCUSS PRELIMINARY CONCEPTS AND OVERLAY REGULATIONS FOR ALL THE REFERENCED CORRIDORS. AGENDA 1. Call to order. 2. Review the comments from the Public Meetings and modify the proposed regulations for each corridor as needed. 3. Meeting Adjourned. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at City Hall, 667 North Carroll Avenue, Southlake, Texas, on Monday, March 13, 1995, at 4:00 p.m., pursuant to the Texas Government Code, Chapter 551. ,,� muuuuyi iii y 0 F S ii °G1., ti- àGrnnd City Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the City Secretary 48 hours n advance at 481-5581 extension 704, and reasonable accommodations will be made to assist you. w o W x 0 ► fl•d 'b , tg g 0 p Y z �w 0 wro � aa 0go � cmy a� � r d o\ r Ho el11 $ nc a b x � � o � ,0 d m b CA � i0g � � oi-ri z > N _ or cre n �, -, '< n ►�/-,l- 0. v v 1� w w v?0 o W b'� on w '' o S K 0 p W ON o •CrCi0 o''R Z �' I. Q. n la w (08 ,,,,� w '4 w "P 0 N APon CD A 0\ a y N 1. a � y 4 � g4 -1 tit oo a � o I . CNii c b cCD oo > o N N am, A va Cod a � a a V:, o .. m� :ed � x� � z It i __ n m o o C 0. C a a C o A m m ' o co.on A 9 A eto .. 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'.' ef 74, (1100 April 18, 1995 Curtis, Here's the results of my quick analysis of the lots in Harbor Oaks Addition based on the Tax Roll: Total acreage in 51 platted lots(net of R.O.W.): 125.625 acres Average lot size: 2.46 acres Breakdown of lots by acreage: 1.0 - 1.49= 12 1.5 - 1.99= 17 2.0 -2.99 = 13 3.0 -4.99= 6 5.0 - 9.99= 2 > 10.0 = 1 Listed below is a breakdown of the lots in Quail Creek Estates based on the Tax Roll: Total acreage in 50 platted lots (net of R.O.W.): 78.004 acres Average lot size: 1.56 acres Breakdown of lots by acreage: 1.0 - 1.49 =32 1.5 - 1.99= 6 2.0 -2.99= 9 3.0 -4.0 = 3 Attached are the appropriate pages from the Tax Roll. L Karen MARK R. SINGER ATTORNEY AT LAW P.O. BOX 15449 • LENEXA,KANSAS 66215 • (913)642-3600 • (913)492-5411 By Telecopier to (817) /488-5097 Ms. Karen Gandy, Zoning Administrator City of Southlake, Texas Re: Tract 2C, R.D. Price Survey, #1207 Dear Ms. Gandy: The undersigned represents Ms. Peggy Denton, the owner of the 16.634 acres in Southlake, Texas known as Tract 2C, R.D. Price Survey, #1207. In connection with the pending zoning application from H. Creek Development to change the zoning for this tract from "Ag" to "MA", which I understand is scheduled for second reading this evening and which I would have thought would be granted as a matter of course, I am advised that surrounding landowners have submitted letters of opposition based on objections they may have to the eventual development of the tract. This letter will serve to express my client's and my concerns about the propriety and fairness of denying the requested zoning should the zoning requested be denied again (this tract has been denied requested zoning before) . The zoning requested is the zoning called for for this tract in the City's master zoning plan and is the same zoning which exists for all of the surrounding properties. It is interesting that the properties of the opposing landowners at one time was rezoned in the identical manner. The actual use that the tract is eventually used for should be irrelevant to the City' s approval of the proper zoning which the tract is entitled to have and which the City intended it to have. Under the oiremOrtances, should the requested zoning be denied, we will have >nd ' dhaice but to conclude that it is the City of Southlake's intent to condemn, inversely or otherwise, the subject tract for its own purposes and uses. Sincerel , ark R. Singe cc: Ms. Peggy Denton Mr. Tom Matthews L April 18, 1995 Lir Curtis, Here's the results of my quick analysis of the lots in Harbor Oaks Addition based on the Tax Roll: Total acreage in 51 platted lots (net of R.O.W.): 125.625 acres Average lot size: 2.46 acres Breakdown of lots by acreage: 1.0 - 1.49 = 12 1.5 - 1.99 = 17 2.0 - 2.99 = 13 3.0 -4.99 = 6 5.0 - 9.99 = 2 > 10.0 = 1 Listed below is a breakdown of the lots in Quail Creek Estates based on the Tax Roll: Total acreage in 50 platted lots (net of R.O.W.): 78.004 acres Average lot size: 1.56 acres Breakdown of lots by acreage: 1.0 - 1.49 = 32 1.5 - 1.99 = 6 2.0 - 2.99= 9 3.0 -4.0 = 3 Attached are the appropriate pages from the Tax Roll. L Karen TEL No . Apr 18 ,95 14:20 No .003 P .02 L SPECIAL DEVELOPER AGREEMENT VERSAILLES ADDITION STATE OF TEXAS § COUNTY OF TARRANT § This Agreement is entered into by and between the City of Southlake, Texas, hereinafter referred to as the "City", and Versailles, Ltd., hereinafter referred to as the "Developer" acting as agent on behalf of Kersho Kochweop Partnership, the owner of the below described property. WHEREAS, the Developer has applied for "R-PUD" Residential Planned Unit Development Zoning on an approximately 78.046 acre tract of land situated in the J.W.Hale Survey, Abstract No. 803, Tracts IA and IA3, hereinafter referred to as the Versailles Addition; and WHEREAS, in conjunction with the zoning request, the Developer has prepared a residential planned unit development site plan designating the right-of-way alignment and width for the new Carroll Avenue alignment through the Versailles Addition; and WHEREAS, the City and the Developer desire to document their agreement with regard to certain issues related to the Developer's responsibility for dedication and construction of Carroll Avenue within and adjacent to the Versailles Addition. NOW, THEREFORE, the parties hereto agree as follows: 1. The Developer agrees to dedicate the right-of-way for the new Carroll Avenue alignment and the necessary right-of-way needed to connect existing Carroll Avenue and existing Carlisle Lane to the new Carroll Avenue alignment in the alignment and width shown on the approved residential planned unit development site plan attached as Exhibit "B" to Ordinance No. 480-143. The dedication shall be accomplished by inclusion in the final plat of Phase I of the Versailles Addition or via separate dedication instrument filed prior to or contemporaneously with the final plat of Phase I. `! s + w s x s t t r 4V„ €ta4 ...... 4,AT„a.,-. � f."« 3 `...'w i Y A�.w'y.S a 4w _ ax•"�.� "";e j L Th.�M �,1� 'yq�y �. P9CO1M rr o.• a»» 3 Ca—ii*Wirt f-\Gl Ausuni\slake\vcrsailAdcvcicp2.r1 TEL No . Apr 18,95 14 :20 No .003 P .03 Lir 0 ?° a Developer shall be required to construct a maximum of one half of the ultimate street section for the new Carroll Avenue alignment from existing Carroll Avenue to Continental Avenue. The Developer shall also be required to construct the street intersections connecting new Carroll Avenue to the existing Carroll Avenue,south and to existing Carlisle Lane,north. The City agrees to waive all perimeter street fees and/or roadway impact fees chargeable to the Versailles Addition with the understanding that these fees are being applied to the construction costs for new Carroll Avenue. 3: The parties hereto agree that this Special Developer Agreement shall be valid until April 18, 1996. Submittal of a final plat or separate dedication instrument meeting the requirements of this agreement by that date will extend the validity of this agreement for an additional six months. 4 It is recognized and agreed by both parties that a final developer agreement must he negotiated at the time of final platting and prior to beginning of construction for Phase I or Phase 11 of the Versailles Addition in order to address the specific construction requirements and all other issues associated with a developer agreement. The terms of this Special Developer Agreement shall be incorporated into the final developer agreement. 376 Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. SIGNED and effective on this day of , 1995. DEVELOPER: VERSAILI PS, LTD. CITY OF SOUTHLAKE, TEXAS BY: BY: Gary Fickes TITLE: _ TITLE Mayor C:\Gks\muni\slake\vermin\devciop2.r1 L TEL No . Apr 18 ,95 14 :20 No .003 P .04 SPECIAL DEVELOPER AGREEMENT coy VERSAILLES ADDITION STATE OF TEXAS § § COUNTY OF TARRANT § This Agreement is entered into by and between the City of Southlake, 'Texas, hereinafter referred to as the "City", and Versailles, Ltd., hereinafter referred to as the "Developer" acting as agent on behalf of Kersho Kochweop Partnership, the owner of the below described property. WHEREAS, the Developer has applied for "R-PUD" Residential Planned Unit Development Zoning on an approximately 78.046 acre tract of land situated in the J.W.Hale Survey, Abstract No. 803, Tracts 1A and 1A3, hereinafter referred to as the Versailles Addition; and WHEREAS, in conjunction with the zoning request, the Developer has prepared a residential planned unit development site plan designating the right-of-way alignment and width for the new Carroll Avenue alignment through the Versailles Addition; and WHEREAS, the City and the Developer desire to document their agreement with regard to certain issues related to the Developer's responsibility for dedication and construction of Carroll Avenue within and adjacent to the Versailles Addition. NOW, THEREFORE, the parties hereto agree as follows; I. The Developer agrees to dedicate the right-of-way for the new Carroll Avenue alignment and the necessary right-of-way needed to connect existing Carroll Avenue and existing Carlisle Lane to the new Carroll Avenue alignment in the alignment and width shown on the approved residential planned unit development site plan attached as Exhibit "B" to Ordinance No. 480-143. The dedication shall be accomplished by inclusion in the final plat of Phase I of the Versailles Addition or via separate dedication instrument filed prior to or contemporaneously with the final plat of Phase I. 2. The parties hereto agree that prior to beginning construction of Phase I, funds or security shall be set aside in an amount equal to the perimeter street fee or roadway impact fee due for Phase I. The developer agreement for Phase I will address the timing of the release of this security concurrent with the construction of the required one-half of new Carroll Avenue. \Glcs\muni\slake VcreailAgIcyclop2M L TEL No . Apr 18 ,95 14:20 No .003 P .05 3. Concurrently with the construction of Phase II, the Developer shall he required to construct a maximum of one half of the ultimate street section for the new Carroll Avenue alignment from existing Carroll Avenue to Continental Avenue. The Developer shall also be required to construct the street intersections connecting new Carroll Avenue to the existing Carroll Avenue, south and to existing Carlisle Lane,north. The City agrees to waive all perimeter street fees and/or roadway impact fees chargeable to the Versailles Addition with the understanding that these fees are being applied to the construction costs for new Carroll Avenue. 4. The parties hereto agree that this Special Developer Agreement shall be valid until April 18, 1996. Submittal of a final plat or separate dedication instrument meeting the requirements of this agreement by that date will extend the validity of this agreement for an additional six months. 5. It is recognized and agreed by both parties that a final developer agreement must be negotiated at the time of final platting and prior to beginning of construction for Phase I or Phase II of the Versailles Addition in order to address the specific construction requirements and all other issues associated with a developer agreement. The terms of this Special Developer Agreement shall be incorporated into the final developer agreement. 6. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. SIGNED and effective on this day of 1995. DEVELOPER: VERSAILL,ES, LTD. CITY OF SOUTHLAKE, TEXAS BY: — _ 13Y: TITLE: Gary Fickes TITLE: Mayor EViles\m utri\slakeVersa41\dcvelop2.ri City of Southlake,Texas MEMORANDUM April 28, 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 May 2, 1995 1. Agenda Item No. 5A. Resolution No. 95-09, abandonment of a portion of Kimball Avenue (Short Avenue). Recall this was part of our June 1994 agreement with the property owners in order to acquire needed right-of-way for the realignment of the Kimball Ave. extension between F.M. 1709 and S.H. 114. 2. Agenda Item No. 5B. Change Order #3, Turf options with the Contractor for Bicentennial Park Expansion, Phase I. Note in the memo from Kim McAdams, Park Project Manager, that the SPDC approved the change order at its April 18 meeting. The change order is necessary to assure grass for the ballfields by Spring of 1996. 3. Agenda Item No. 6B. Report on Citizen Satisfaction Survey. The consultants from UNT will present the findings to City Council. They will make a short presentation, then present copies of the data in report format. We had hoped to have the report available to include in your packet, but we asked them to do a follow-up with the survey participants regarding the question "why you moved to Southlake." Unfortunately, this question had only been asked of those who indicated they moved to Southlake within the past twelve (12) months. Since the same list was used in the follow-up question, the validity of the survey responses will not be compromised. 4. Agenda Item No. 7A. 2nd Reading, Ordinance No. 480-169, (ZA 95-28), Rezoning for 0.46 acres, south side of W. Southlake Blvd. west of the entrance to Lake Crest tkir. Addition, from AG to 0-1. There have been no changes since City Council approval of v • Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest April 28, 1995 (Iire Page 2 the first reading (6-0). Note the comment in the memo from Karen Gandy, Zoning Administrator, concerning the sewer. The concerns of the City Council pertaining to the common access easement will be dealt with at platting. 5. Agenda Item No. 7B. 2nd Reading, Ordinance No. 480-R, revisions to the Zoning Ordinance to permit Full Service Car Washes. The additional wording of "site plan required" was added to the ordinance as directed by the City Council in their motion for approval of the first reading (6-0). There have been no other changes. 6. Agenda Item No. 8A. Preliminary Plat (ZA 95-30), Timarron Addition, Village H. Le' There are a variety of comments on the plat review summary but to our knowledge Mobil has agreed to comply with the comments. Notice that they are providing for the connection of the new Carroll to existing Brumlow. One of the comments addresses the need to lengthen the curve radius, and they have agreed to this. P&Z recommended approval 5-0. 7. Agenda Item No. 10A. Developer Agreement for Napa Valley. The standard developer agreement has been utilized with several revisions to fit specific situations in the development. The revisions have been indicated by use of highlight/strikeout in the agreement and set out in the cover memo from Bob Whitehead, Director of Public Works. OTHER ITEMS OF INTEREST 8. Corridor Study Update. A new draft of the corridor study has been prepared (No. 3 dated 4/26/95) and will be discussed at the next P&Z meeting on 5/4/95. If you have any questions, please feel free to call Greg Last, Director of Community Development. • Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest April 28, 1995 (krof Page 3 9. Trails Plan Update. You have perhaps heard by now that a number of people are upset with the Trail System Master Plan, as presented at the joint Parks and Recreation Board/P&Z meeting. There are at least three neighborhoods or areas which are gathering petitions to oppose the plan in its entirety. There are evidently enough problems that we need to take time to make sure all concerns are considered. We are in the process of forming an ad-hoc committee to work with staff on some of the concerns related to the Plan. At this time the committee is tentatively composed of the following members: Joe Wright, P&Z Jim Murphy, P&Z Ernest Johnson, P&Z Marjorie Zielke, Park Board Bethann Scratchard, Park Board Mike O'Brien Larry Samartin Bill Kemp Rex Potter There may be others who attend. We are not intending to redesign or rework the plan, rather to seek ways to accommodate the broadest cross section of the community. We hope to use this group to obtain a better feel on how to proceed. 10. Rainfall Records. We are continuously hearing drainage complaints prefaced by "I've been here" some number of years--the emphasis to explain why the complainant believes the City must have done something wrong. Attached hereto are records of official rainfall for Dallas-Fort Worth, dating back to 1954. The amounts for the years 1954 through June 1993 are from the National Weather Service. Since we have not yet received the official rainfall records from July 1993 to present, we have taken records from our Bank Street rain gauge (maintained by the Water/Sewer Utilities Division). (ire Recognizing that rainfall in Southlake is not going to be the same as that officially recorded, the official numbers do represent the prevailing weather in the area at the given • Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest April 28, 1995 (610., Page 4 time. Comparing the rainfall we have had in Southiake in the last five years with the previous 40 years, we find that: • We have gone through the wettest 5 years on record; • 1990, 1991, and 1992 were the only three consecutive calendar years with greater than 40 inches of annual rainfall; • For six consecutive years, 1989-1994, we have exceeded the average annual rainfall of 31.3 inches; • In seven of the last eleven months, our rainfall has exceeded the average, (isie in fact, considerably so. The point is that during the time of our growth, we have experienced considerable rainfall compared with previous years. The fact that our drainage problems have been no greater than they are, speaks well for our controls and the attention we have given the problem. Nevertheless, we need to continue our efforts since, as I believe Councilmember Farrier has said, we have probably redefined our average rainfall. 11. SPIN Update - The SPIN Standing Committee approved a "SPIN Code of Conduct" at the March meeting, and is currently considering changes to the SPIN Articles of Incorporation. A copy of the "SPIN Code of Conduct" is attached. Temporary replacements for Standing Committee Representatives who stepped down to run for City Council were also named at the March meeting. They are: SPIN Neighborhood#14 --Karen Cienki has replaced Carolyn Hobbs; SPIN Neighborhood#8 ,,. -- Patty Minder has replaced Pamela Muller, and; SPIN Neighborhood #11 -- Robin Jones will continue to serve in Ron Maness' absence. After the election, and since half • Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest April 28, 1995 (iirre Page 5 of the members' terms expire in June, we will come to Council with a list of new appointees at that time. REMINDER: The joint City Council/SPIN meeting is scheduled for Thursday, May 25, at 7:00 p.m. at the Solana Education Center. A reception will begin at 6:30 p.m. Standing Committee Representatives will present to Councilmembers those neighborhood improvement (i.e., public works) issues they feel should be given high priority in the upcoming budget year. They are very enthusiastic about being asked for their input and look forward to meeting with all of the Councilmembers at the joint meeting in May. 12. Reminder, the City Council June Retreat is scheduled for Thursday and Friday, June 15 and 16, 1995. More information will be coming to you soon. (se 13. Early Voting continues until May 2 at 7:00 p.m. As of 11:00 a.m. today, 136 have voted. This is ahead of the number of early voters at the same time last year. Early voting schedule is: Saturday, April 29, 8:00 a.m. to 5:00 p.m. Monday, May 1, 8:00 a.m. to 7:00 p.m. Tuesday, May 2, 8:00 a.m. to 7:00 p.m. 14. The annual Special edition of "Southlake in Review" will arrive in your homes this coming week. The newsletter will feature important stories of the year-to-date. 15. Kimball Avenue Ribbon-Cutting is scheduled for Tuesday, May 23 at 10:00 a.m. The ribbon cutting is being held in conjunction with National Public Works Week, and will officially open the "new" Kimball Avenue between SH 114 and FM 1709. (Since May 21-27 is National Public Works Week, please be extra kind to Bob and Ron!) Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest April 28, 1995 Loy Page 6 16. Preliminary population estimates provided by the North Central Texas Council of Governments indicated that Southlake's January 1995 population was 11,700. These numbers have since been revised to 12,750. 17. The Kite and Friendship Festival is Saturday, May 6, 11 a.m. -- 5 p.m. at Fechtel's Farm. The event is co-sponsored by Southlake Sister Cities and the Southlake Parks and Recreation Division. See the attached flyer for more information. If you have any further questions, or would like to sign up for the celebrity sumo wrestling, call Shana Yelverton, Assistant City Manager. i L L YEAR I JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ANNUA 1954 2.08 0.73 0.66 3.62 4.38 1.20 0.24 0.81 1.46 2.35 1.24 0.78 19.55 055 1.17 2.01 2.15 1.94 6.58 4.99 0.64 1.00 3.68 0.20 •0.59 0.21 25.16 1956 1.34 2.54 0.11 3.12 3.83 0.88 0.38 0.23 0.23 1.20 2.61 2.08 18.55 1457 1.72 1.77 4.18 1219 12.64 3.96 0.65 0.12 3.23 3.53 4.72 1.78 5 9 1958 1 1.70 0.84 5.49 8.63 ' 1.50 0.67 3.69 3.64 5.10 1.07 2.26 1.09 35.68 1959 0.36 1.16 2.31 0.92 3.27 5.27 3.27 0.93 2.40 9.22 1.74 2.84 34.14 1960 2.29 2.16 0.74 1.67 1.89 1.72 - 3.96 2.76 1.25 1.82 0.49 4.22 24.97 1961 3.29 2.20 2.95 2.23 1.06 5.93 2.32 0.02 2.92 ,2.82 2.72 2.12 30.58 1962 1.00 2.01 1.80 5.66 1.58 6.94 6.36 3.22 3.79 4.15 3.93 0.99 41.43 1963 0.86 0.15 0.48 6.20 2.52 0.57 2.28 2.73 1.70 0.23 1.29 1.45 20.46 1964 3.53 1.17 3.35 2.71 2.85 0.40 0.25 2.43 9.52 0.62 6.23 1.25 34.31 4965 2.77 6.20 1.45 2.15 8.97 1.50 0.09 2.26 5.04 1.97 2.43 1.73 36.56 1966 1.68 2.84 1.38 10.74 3.13 5.47 3.26 3.38 4.23 1.48 0.53 1.17 39.29 1967 0.28 0.32 2.09 3.84 4.02 0.72 • 2.20 0.48 5.94 4.19 0.92 2.30 27.30 1968 3.60 1.48 6,_a9. 2.41 6.02 3.50 1.88 2.71 2.53 2.18 4.58 1.20 38.48 1969 1.26 1.99 3.62 3.40 7.12 0.63 0.77 2.56 4.55 5.82 1.22 2.75 35.69 1970 0.72 4.78 3.49 4.68 3.62 0.61 0.94 6.85 6.25 2.95 0.20 1.01 36.10 1971 0.19 1.32 0.34 2.76 1.88 0.83 3.60 5.70 3.24 7.64 1.77 6.99 36.26 197 1.09 0.26 0.10 3.25 2.35 1.50 0.59 0.81 2.42 6.89 2.36 0.61 22.23 19 ,,,' 3.26 1.92 2.28 6.06 3.18 5.88 11.11 0.01 7.16 6.85 2.06 0.83 50.62 1974 1.79 1.01 0.80 2.51 6.00 5.44 0.67 4.19 6.04 5.93 3.32 1.93 39.63 1975 3.34 3.72 1.67 3.40 6.88 1.95 5.06 0.30 0.87 �_ 0.42 1.49 29.10 1976 0.13 0.52 2.29 5.71 6.03 1.40 3.83 4.75 5.02 3.46 0.50 1.99 35.63 1977 2.39 1.68 5.88 4.31 �:� �:69 770.33 1.53 0.93 0.55 2.73 0.78 Z7.3S 1978 1.41 3.33 2.66 1.34 1979 3.35 1.52 6.33 2.03 5.90 1.36 1.94 2.47 0.99 3.38 0.43 2.72 32.42 1980 2.52 0.84 1.24 2.23 3.01 1.25 0.71 T 6.54 1.08 1.23 1.43 22.08 1981 0.58 1.44 3.39 2•69 3 66 4.28 2.73 0.52 0.58 1 2.32 2.40 14.36 4.22 18 1.53 0.17 2.76 40.7� 1982 2.33 1.89 1.71 2.71 4.04 2.22 0.83 31.07 1983 2.55 1.25 4.36 0.59 5.83 2.07 1.56 5.55 0.22 1984 1.07 3.11 4.92 1.41 3.04 2.79 0.43 1.47 O.Q2 6.50 2.97 6.09 33.89 1985 0.81 2.62 3.70 3.75 2.13 3.78 2.40 0.53 3.35 33.91 91 3.1125 02.E+4 30..61 700 1986 T 2.49 1.08 5.30 5.52 3.92 0.41 1.63 4.60 . 27 45 1987 1.22 3.67 1.70 0.11 5.95 3.45 1.77 0.81 1.38 0.12 4.27 2.90.48 25.04 .25 1988 0.88 1.23 2.03 2.21 2.11 3.23 2.47 0.44 4.04 1.64 1989 2.56 3.70 3.72 1.86 9.62 8.75 2.61 1.89 2.40 2.02 0.49 0.33 39.95 1990 4.54 4.72 5.89 6.90 7.16 1.89 2.60 2.37 1.12 2.81 3.81 1.46 45.27 1991 2.72 2.60 1.35 3.63 6.97 4.26 3.99 4.30 4.61 9.32 1.04 8.75 53.54 L . f M Q 0 ct N M d' M 2 - M V- (\re < Q a) Co O O N O CO J r-• N Cfl C!) a�i O v- 0 ~ ki lO ? Co .• ' d M N Co a) >o z c , co 0 O N O • 0).0 M Co O 3 v- in • N 0 Co O O to (Nia)M M O co. N. Cl N Co Cn CO O O D N 0 Cn O N O 6 ^ al U O N .�.i Co J Q o CS) ,- _I ' Q oil r v Z N O CO y �, _ 0 OL ca L d — C •Lo c) C JN O O g Q; N O Co CM O CYC N d a) 7n; C 'a cu co co) M U) O C 15 co Cd O O) N. C00 a) Cd �+ ) N E .- N CO coco N `) co R. fl- 2 11 . ` v Ta >+7 C V) C O N � �y U U C7 N O N OP. SL y U t6 CV)• M co 4 �,. O _ y:.., > U C O co 0 O E C Cv N N co r- O (a f� C • m Z CV N. v co U_fll ALL .CL O �. .., HH 0 Cn Tr O O CV I- CC) CV) j M • O co N 03 C HIcoCO a) a) O O Z — i Z Z I _ _ L. cc N M tt l(� H Cn `_' TU -g N 1 Q rn rn rn rn Z, >• C C ml W O O O O 1 (D O O L A411& [§/ Or. rl 34 c44 41116,8 a. .411 1. Southlake Program for the Involvement of Neighborhoods (SPIN) CO DE OF CONDUCT (kare SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS Code of Conduct Preamble The purpose of the Southlake Program for the Involvement of Neighborhoods (SPIN)is to foster two-way communication between the City and its citizens. Broad based participation in neighborhood issues and projects is an important element of the SPIN program. SPIN Standing Committee members have been chosen by neighborhood residents and sanctioned by the Southlake City Council to serve as representatives of the SPIN program, in addition to serving as leaders in their respective neighborhoods. Standing Committee representatives are responsible for directing and promoting the SPIN program. The role of the Standing Committee representative includes, but is not limited to, assisting the neighborhood by facilitating communication between City officials and the neighborhood, clarifying issues, and encouraging participation in the local government process. It is a privilege to serve the City of Southlake as a SPIN Standing Committee representative and each should make every effort to fulfill the obligations of the selection. The highest standards of integrity, impartiality, and professional competence are expected from Standing Committee representatives. kw, The importance of neutrality cannot be overemphasized in regard to maintaining credibility as a Standing Committee representative for the neighborhood. As such, SPIN Standing Committee representatives have a continuing duty to disclose anything that may affect, or might appear to affect their ability to be an impartial leader of their SPIN neighborhood. Standing Committee representatives should be committed to representing all parties as necessary. The purpose of this Code of Conduct is to define the high standards expected of Standing Committee representatives. These standards will ensure public confidence in the SPIN program. The guidelines represent a standard of behavior for SPIN leaders, and it is expected that this Code shall also help to guide the official behavior of other Neighborhood Council members. This Code is not intended to address every situation which may arise in the conduct of SPIN program business, rather, it is envisioned that SPIN participants will rely on the ideals embodied in this Code to lead them through issues concerning conflicts of interest and ethical behavior. 1. Process 1.1 Standing Committee representatives shall ensure that their respective Neighborhood Councils are op—r_•to-all individuals and organizations within the defined boundaries of the neighborhood and not be limited by age, race, creed, color, gender, national origin, income, or home ownership. 4/27/95 Any form of discrimination by a SPIN member against any party on the basis of characteristic, condition, preference, belief or status of such party conflicts with the purpose of SPIN, and shall not be practiced, condoned, or facilitated by Standing Committee representatives. 1.2 The Standing Committee representative, in his or her role as Neighborhood Council Chair, shall create an environment conducive to the expression of ideas by any neighbor wishing to be involved in the Program. It is hoped that SPIN will be a forum for encouraging open and honest discussion of issues, which would include differing viewpoints. 1.3 Standing Committee representatives should conduct neighborhood meetings in sufficient frequency to provide an opportunity for neighbors to be well informed of events, issues and activities. Standing Committee representatives shall make sure that minutes of all meetings are maintained in accordance with City Ordinance 598. In addition to neighborhood meetings, Standing Committee representatives should make diligent effort to ensure that their neighbors are made aware of SPIN activities and projects. 1.4 Standing Committee representatives shall transmit both recommendations and dissenting views proposed by particular neighborhoods on given issues to City officials. It is important that all viewpoints be considered on a particular issue. 1.5 Standing Committee representatives should participate in Standing Committee activities. 1.6 Should a Standing Committee representative be found in violation of this Code and refuse to accept the decision of the majority of Committee members reviewing the violation, by either withdrawing from the Standing Committee or correcting said violation, the case shall then be referred to the City Council for action. 2. Professionalism 2.1 To effectively serve, Standing Committee representatives should take every opportunity to educate themselves about the operations of the municipal organization and current events within the City so that they may provide accurate information to their neighborhood. 2.2 Standing Committee representatives should promote mutual respect among all 4/27/95 parties involved in the program, including, but not limited to, other Standing Committee representatives, Neighborhood Council representatives, City staff, and elected officials. Standing Committee representatives and other SPIN participants should always exercise decorum, discretion, patience, restraint, and consideration of others time during Standing Committee and Neighborhood Council meetings. 2.3 Standing Committee representatives shall represent facts or circumstances as accurately as possible in the course of either providing information from the City to their neighborhoods, or in reporting information from their neighborhoods to the City. 2.4 Standing Committee representatives shall not use their influence as SPIN representatives to influence the electoral process. A SPIN Standing Committee representative shall never coerce, make a decision for, or impose his or her own judgement on neighbors. Although Standing Committee representatives may, as individuals and citizens of the City of Southlake, exercise their right to support or oppose candidates, it is inappropriate to use their position with SPIN as a political tool. Standing Committee representatives must maintain electoral neutrality and remain nonpartisan in regard to all candidates running for public office or ballot issues when performing functions in their official role. 2.5 When serving in an official capacity, Standing Committee representatives shall not offer any type of personal or professional opinions as an official representative of SPIN. 2.6 Standing Committee representatives should withdraw from the Standing Committee if they feel they can no longer maintain the impartiality needed to effectively serve as representatives of their neighborhoods. 2.7 Standing Committee representatives shall not accept any type of financial remuneration, direct or indirect, as an incentive to promote or support a particular political or commercial issue. c:1 wpftles lspin I code Ley 4/27/95 enci4Idid fefl4 Saturday, May 6th 11 :00am - 5:00pm Fechtel's Farm (FM 1709 & Carroll Ave.) Parking at Wal Mart with Free Shuttle Service to Site •Enjoy the beat of famous Taiko Drummers• •Dance to the music of the Double Eagle Band• •Enjoy Kite Demonstrations by Jewels of the Sky Kiters Club• •Try Your Hand at Sumo Wrestling• • ,, fun with Caricature Creations, Face Painting, Bubble Bouncer• •Watch a Karate Demonstration, Square Dancing, Drum & Fife Corps• C •Participate in Youth Kite Competitions Beginning at Noon• ( I 2,„\ •Arts & Crafts, Food & Drinks x,X 4n)XLXIX(r'r//'`I)SX •Raffle Drawing for Adventure Alley's Auto Adventure• (1995 Chevrolet S-10 Blazer) •Much, Much More!• •• Presented by Southlake Sister Cities and Southlake Parks & Recreation Division •• L Entry Fee: $2 adults, $ 1 students, Age 4 & Under Free City of Southlake,Texas MEMORANDUM April 24, 1995 TO: Curtis E. Hawk, City Manager FROM: Kim McAdams, Park Project Manager SUBJECT: Consider Approval of Change Order #3 Bicentennial Park Expansion - Phase I On April 18, SPDC approved a 20 rain day contract extension and Change Order #3. These two items are together under Change Order#3 for the City Council to consider, as attached. Item 1: Rain Delays for Construction at Bicentennial Park Attached is a matrix of actual rain/wet days versus normal bad weather days resulting in a net of 50 bad weather days for this contract from October 17 to March 31. The City Council and SPDC had previously awarded 30 days extension and now SPDC approved 20 additional rain days, making substantial completion October 8, 1995. The contract with Dean Construction requires that the bad weather days be asked for and considered as the contract progresses and not left to the end of the contract. The contract is a calendar day contract taking into account only normal weather conditions. The city inspector, Walter Shore, has verified daily the site conditions to determine if it is too wet to work since the beginning of this contract. The contractor is requesting that City Council consider awarding 20 more bad weather days following SPDC's approval. Item 2: Turf Options for Construction at Bicentennial Park With the rain delays, it is critical to make an August 15 deadline for bermuda grass, if play is to occur on the bailfields and soccer fields in the Spring of 1996. Grass for the bailfields was not in the original contract because of so many variables and unknown conditions when it would be time to plant the grass. In September we believed we could do the grass "in house" or sub- contract it out ourselves if the contractor was finished, but conditions now warrant a change in strategy. The contractor is willing to reconsider his construction sequencing plan of action to get irrigation to the fields sooner than in his normal scheme of construction so grass can be planted by August 15. This will cause the irrigator and electrician to come to the job site twice instead of once as they bid, plus redo some trenching that they would not have done if they only came out at the end of the job. The contractor will have to confine his concrete pouring access to a single entry, requiring use of special equipment to pump in concrete. All of this cost more. JT Dunkin & (16., Associates has outlined the additional cost on the letter attached at $34,780. The contractor met with SPDC and discussed the options and he will guarantee that grass can be planted no later than \5-,B-/ • August 15 or maybe sooner. SPDC approved Change Order #3. SPDC will consider various pricing options of the turf planting treatments of solid sod, drill seeding, hydromulching, or combinations of all, for the ballfields at their next meeting, May 22. If you have any questions please call me at 481-5581 ext 757. ACTION REQUESTED BY CITY COUNCIL: Approval of Change Order #3. 4&141t KM L L S�a CHANGE OWNER (] RD ER car ru ors FIEL1.4 DOCUMENT 6701 OTHER O Ttti:R ❑ PROJECT: Bicentennial Park Expansion, I"hase 'CHANGE ORDER NUMBER Three (name, address) 450 W. Southlake Blvd. Southlalce, Texas 76092 DATE: April 17, 1995 TO CONTRACTOR; ARCHITECT'S PROJECT NO: (name, address) Dean Construction Company P.O. Bose 70 CONTRACT DATE: October 17, 1994 Argyle, Texas 76226 coNTRACr gqg: Site Development Construction Bicent'nniel Park Expansion, Phase I The Contract is changed 2s follows: • Additional: The Contractor shall adjust work components and sequencing to ensure that grass can be planted on the baseball fields and soccer fields by August 15, 1995. $ 34,780 Not valid until signed by the Owner,Architect and Contractor. The original(ContaetSum) was • s 1,843,000 Net crimp by previously authorized change Or s 3 2,09 7 The(Contract Sunt)( pdiortotlirisCh COrderwas s 1,875,097 The(Contract Scan)(011SHISMENIESWIENIEK sill be(increased)(dianitia) GEMBEgMby this Change order in the a nounr of $ 34,780 The new(Contract Sum) hxhsdtng this hinge Order will be . s 1,909,877. The Contract Time will be Orlerc ased)( by ( 20 )days. The dace of 5ubstsnt!Completion as of the date oft is Change Order therefore is October 8, 1995 NOTE: This atunm*ey does not reflect charges in the Contract Sum,Contract Time or Guaranteed Ma:t t um Price which hare:been authorized by • Carra:niccion Change Directive. J. T. Dunkin _& Associates, Inc. Dean Construction Company City of Southlake ARCHITECT CQNTttAGToR . o'anZR 9876 Plano Road P.O. Bog 70 667 North Carroll Avenue DAddress Ackkas, Texas 1'S23 Argyle, Texas 76226 Address hlake, Texas 76092 � rrA► qr BY mil.+i�/y ',1 PF SY BY • DA -0.47 DATIL DA'i'E. LicAs3OCUMEHT G7Q1 • Cl1ANCtnto Or • t9B7 ibm 0 oN • Ace • 1987 • knit'. 1Ns'ITCUT!OF h1CHtl1CTS. 1735 NEW YORK ANL ?r.m., WASHtNGTON, o.c. •_Wo6 G701-1987 WARNING:Umlogn.4d photocopyIn9 vleit*ta 1r.9.copyrIght Irmo And le subi•et to«q•t p.Qa•eutton. �J 6'3 Rain 1 Wet Conditons Bicentennial Park Expansion Phase - 1 Southlake, Texas April 17, 1995 Rain / Wet Rain / Wet Net Rain / Wet days occured days occured Days Month (Actual) (Normal) October 12 3• 9 17th Construction Begins November 22 6 16 December 18 6 12 January 10 7 3 February 7 6 1 March 16 7 9 Total thru March 31st 85 35 50 Coe April 6 Total thru April 11th _ 91 • Total rain days expected for October are six (6) prorated for one half of month • J. T. Dunkin & Associates, Inc. Urban Planning and Landscape Architecture April 16, 1995 Kim McAdams, Park Project Manager Parks & Recreation Department City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Dear Kim: Attached is change order#3 for Bicentennial Park Expansion- Phase I. Change Order#3 directs the contractor to make adjustments in the work components and sequencing to enable planting of both hydromulched bermuda and solid sod Tifway 419 by August 15, 1995. The contractor, Dean Construction, has submitted a price of $34,780.00 in additional cost to make these adjustments. Following is the contractor's analysis of the construction activities affected by these changes and his proposed cost for each element: 1. Increase in labor due to accessing plaza area from the perimeter rather than from adjacent fields. $ 10,607 2. Trucking costs/tractor costs due to plaza earthwork from the perimeter rather than adjacent fields. 1,750 3. Concrete pumping costs due to not being able to access the plaza area from adjacent fields. 9,375 4. Security fencing around completed infields 985 5. Miscellaneous damage/repair contingency 1,800 6. Irrigation increase due to sequencing 6,280 7. Electrical increase due to sequencing 1,850 8. Overtime as needed to achieve August 15th target date 1,438 9. Additional bonding 695 $ 34,780 9876 Plano Road Dallas, Texas 75238 214-553-5778 • Page 2 ce If you would like to discuss this change order, please call. Since ely, Bob Stoffels, AS pc: Marty Halpem L L City of Southlake,Texas CITY MANAGE" MEMORANDUM -c=? -MX April 26, 1995 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Resolution No. 95-09, abandonment of a portion of Kimball Avenue (Short Avenue). The Department of Transportation (Tx-DoT) is in the process of abandoning and removing a portion of F.M. 1709, which is known as Short Avenue, from the highway system (see Exhibit "A"). Tx-DoT considers and staff concurs and this portion of land is not suitable for conservation, park, and/or public transportation. The State's policy is to obtain a resolution of concurrence from the local governing authority for execution by the City Council. After the City submits the resolution to the State and the State removes the land from the highway system, the land will be conveyed to the adjoining owners of the property. Please place this on the May 2, 1995 consent agenda for Council consideration. BW/sm Attachments: Tx-DoT letter Resolution No. 95-09 Exhibit "A" L .., Air Texas Department of Transportation P.O. BOX 6868•FORT WORTH, TEXAS 76115-0868•(817) 370-6500 April 6, 1995 DEPT.Or PUBLIC WC:;;;� Tarrant County F.M. 1709 (Short Ave. ) Tract 4-95, 5-95 & 6-95 Southlake, Texas Mr. Bob Whitehead Public Works Director City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 Dear Mr. Whitehead: Enclosed is the resolution to be executed by the City of Southlake which will document the City's concurrence in the State's plan to convey the surplus right- of-way on old Farm to Market Highway 1709. Thank you for your cooperation. Sincerely, C. Carl Logan Property Mana er L An Equal Opportunity Employer RESOLUTION NO. 95-09 CONCURRING IN THE STATE'S DETERMINATION THAT A PORTION OF THE STATE'S RIGHT-OF-WAY IS NO LONGER NEEDED AS A ROAD AND THAT THE RIGHT-OF-WAY BE QUITCLAIMED IN ACCORDANCE WITH STATE REGULATIONS WHEREAS, the State of Texas acquired and holds in its own name right-of-way on Farm to Market Highway 1709,also known as Short Avenue,as shown on EXHIBIT"A" attached hereto and made a part hereof, and WHEREAS,the State of Texas has determined that said right-of-way is no longer needed for the construction, maintenance and operation of Farm to Market Highway 1709, and WHEREAS, City Staff have studies that public need for said right-of-way and have determined that said right-of-way is no longer needed by the citizens as a road for public transportation purposes, and is not suitable for conservation,park,recreation and/or similar purposes. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: Section 1. That the State's surplus right-of-way shown on the attached EXHIBIT "A" is no longer needed by the citizens as a road and is not suitable for conservation, park, public transportation, recreation or similar purposes; Section 2. That the City of Southlake concurs in the State's plan to dispose of the right-of-way in accordance with the established laws and regulations of the State of Texas. PASSED AND APPROVED this the day of 1995. CITY OF SOUTHLAKE Mayor of City of Southake ATTEST City Secretary . .. ..e • EXHIBIT "A" STATE HWY 114 b ICHEVRON if ( I r\ —— — —— — APPROXIMATE LOCATION OF FUTURE ,••••••'SOUTH LINE OF S.H.114 ..t.- X,t.-. \ SOUTHLAKE SHOPPING VILLAGE, LTD. ‘...,..r.r....r,,, AO /4.**::•:::.1::-Sir .- .........•TAr -,17..-:-.•-•,,t7, (Ilore .;I 03% TAtil 1%`..), .041 -9 To \,,, ,*.::-..Y.....::::.;%.'t• 12 ....1.-••• : ::* 4 '!'-'7.1....:1. -,,-; -•ir•.:::::":* .1-..%...•)-""-•.•:•:1 ••-•.•••••••::,-.-.., ..t.A..;..-..-...-:, -..••.• ...1- TP,,vor. j;:._:•:',..V:1—•* vb 0-.1, . NY4% ,41,..„.9.‘„As4,- ,r,...„....,.. . ., e„.......:... :s; 0 NI- - > ci ci cc z 0 0 100 200 300 t iStt° ' l A 4 03 SCALE IN FEET o, N...,, ILI .- —I 03 ------------,. 6 4-Z3 P/14 -._Ii1/1/), 209 --............. --,................... --„, -LEGEND - SURPLUS R.O.W. WWWW:1 L CITY OF SOUTHLAKE COUNTY OF TARRANT _i`-/9- $i City of Southlake,Texas MEMORANDUM April 28, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy,Zoning Administrator SUBJECT: Second Reading, Ordinance No. 480-169 ZA 95-28 Rezoning Request REQUESTED ACTION: Rezoning for 0.46 acres situated in the Hiram Granberry Survey, Abstract No. 581, Tract 2D LOCATION: South side of W. Southlake Blvd., West of the entrance to Lake Crest Addition OWNERS: Walter E. and Katherine Morris APPLICANT: Dr. Timothy M. Huckabee CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "0-1" Office District TLAND USE CATEGORY: Medium Density Residential NO.NOTICES SENT: Eight(8) RESPONSES: One written response received from outside the 200' notification area: * John and Karen Cienki, 803 Shadow Glen Dr., undecided; see attached letter. P & Z ACTION: April 6, 1995; Approved(5-1) ZA 95-28 Rezoning Request COUNCIL ACTION: April 18, 1995; Approved(6-0) First Reading, Ordinance No. 480-169 STAFF COMMENTS: The zoning ordinance requires that any property less than one acre be connected to sanitary sewer or be granted a variance from the Board of Adjustment. However,the subdivision ordinance permits the Director of Public Works to approve private sewage disposal systems for commercial or industrial lots on less than one acre. Currently,sanitary sewer is stubbed out to the western property line of Lake Crest Addition(approximately 100' to the East). With the close proximity tkimp, of sanitary sewer, Staff recommends that the applicant tie into sewer. r1R-1 ICity of Southlake,Texas To make this connection,the applicant would need to acquire a public utility easement by separate instrument across the Jackson tract and would be required to extend the sewer main to the western property line of this tract. Attached is a copy of an exhibit showing an alternative lot arrangement for potential residential development of the Kennedy property to the West and South of this tract. If you recall, this issue was discussed during the rezoning and preliminary platting of Lakecrest Addition. NrV KPG/bls L. G:\WPF\MEMO\CASES95\95-28Z.WPD "'A- 2 za�rASP%.wMr. F. M . HIGHWAY lL10. 170 6OU '' 'L E - LvG- s I 58-1°55'09" 1- f - 211.38� Ic 43;;�f�yard'Q to• .e. 1. ' POINT OF l so•b.L. COO �i Q'�•,2� i DEGINNIIJ 1 / „, �/ I iti h �0�"•10611 Q ! ' !h . "71 2 q/ II; e / Iova o4Qti ti is, • N I V I oy M 1 --1 r . 2 58l 5521 E� 3f 14 1 / �I ......... te_«..... —.! 7 - -- a I to I / — — — --.. w+.t Mir ...� w N I ` • .__7-1 o I 2 QQ41 h , 1/ v0� q.50 .eP� go r t r �,. 1 I 1.01E Exi57. �. u� / Isx u� _A i ``O'' M ` 0 e rn°/ / II., / , INr. t. moo ��/ �I / it ��a �o 581'55'09LE 330. 4' • �n o. - Ire5 �5. /. 5 !.1. II / DLK . E3 s \. a��. 6 so 4 3 S. I N / 20 'F S. @ c) tine 1 t5 / 1 ea 1 ———A. 4 / 19 ?cc/ /I / I / . 2ss / --A- I,� • 325• I I / 1 -2 4G (8 / g 2 - v I / Z. 0 03 15 / I ab 0 0 I / 2�• r85• ` AI i : I /os' / 0 3 li J I17 L 1 o / ---i\ 'e o I te / — — U 17 — Alternative Lot Design 1�15' 166• 28 _ ` ; 1 I I I ()A-3 1 / . _ i :-.. The following form may be filled ou:and mailed to the City of Southlake P ' and Zoning Commission,667 North Carroll Avenue,Southlake,Texas 76092. r07,11;--"firl , AN:0 4 ., '1 REFERENCE NO.: ZA 95-28 /9E ,fi if" Li I am (in favor of) (opposed to). 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Y ! 5 AcNl, 1 ,` l l\ , V L y `i 1Ci 4 48 — `> _ , �—?--ti-- i ' � r�t E 4.5 Ac L 2A > 2 ` a � W�WQN GRQWg =��M , pE ' SUREY A-581(- 4401: I). • iX'Y >, i•-•, .t,, _Ill ,.. :1I : 1 , A 124,46) - 11 r r 6Ac I,) Tit lika - illi II . --t-L-'—':'—r—T-j;IA4e4' .4_ :. '. ( a ffle ',, a'i:I:ICC: •1 - -k.-:-f(q..-:1 41 50 r 5C I . r. I , P.J. (� NCET. PARK 4 Ac ,1 U .NJ. ,1,` II 1E 1E1A TRACT MAP - - .�N �HI•„....., G r—r •j� ,--, �Y si + •. j \I 'iA- ) I - it I 1 ILY� , I . _ t,, 0 _ ,, - , °�Tb . 1.. :,V I u- Es 333 0 Spin #14 Representative Carolyn Hobbs U 33 1 A ;34A cn `^ 3C 3D Southlake Four M. Truelove Investments C-2 \J 0 CI State of Texas T `. .J A0 '1 18 \ Southlake J V / 2 • \ re 20 w , �lJ , � i -o - -� _ , r9\ r 17. j • 1, Z •21 ' / 7 AG a R. PUD I SF-20A' c - 22 . ( P� 4 • /5 y - ' Jacobowski M. Kennedy T. _ <<P k 24 . \ � G� - 8 . _ . . \ Pulte; . o- 9)---- 25 \ SF-20A • 11 - 10 26 L . — . . _ . _ CT ADCWs — — n 14 15 28 . — . — r , + . .= 29 1 �� 15 A c 17 . 16 co i c.;jil 30 , o ! r- 31 ADJACENT OWNERS �T 22 2 — AND ZONINGLAKE DR 32 kDDO Afs24 z A- L LIS SOUTH LINE OF CUD RAT LINE OF SOV7U AKE BLty i!I N $6644'E 588'44'00"E 85.4Xt 187.0• t 0. 047 A E's % 0 o SOUTH LINE OF SOUT LME Otw FLINT' aF BEGIN KlNG N8759•00-ir 85.00' O - . \ \ 1 .1.•:....: ,...p el CA A ' ' ., li ' TOM \J d ( . ;� m 4 I — E5r-e-A14. PIc.4-�rP 1,J0 Lill ! , J .'•... 14.4 Y\••o rr•rr I i e n,`"° - R--L 3 20,438, sq. ft. 6- I •.r ,. : ' • I 0.46 acres 7...10 {.i0 '� . gig _ •V l_j •,,a re In �� PJ� K1Nlo Fafz ?42 s io 1 =FLGb12 PLAN • • 5ITE PLAN 1''_ L. ____ _ __ _. __ t _ fly_, " • S80"44,00..E 85.00, O Pal , . 4 6 55 L CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-169 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 A 0.46 ACRE TRACT OF LAND SITUATED IN THE HIRAM GRANBERRY SURVEY,ABSTRACT NO.581,TRACT 2D,AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "0-1" OFFICE 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 Lie ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; j PROVIDING A SAVINGS CLAUSE; P •VIDING FOR / PUBLICATION IN THE OFFICIAL 1 EWSPAPER; AND// PROVIDING AN EFFECTIVE DA . , WHE' AS, the City of Southl. , Texas is a home rule City acting under its Charter adopted by the e -ctorate pursuant t • icle XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Loca •v- t Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety,morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural under the City's Comprehensive Zoning Ordinance; and WHEREAS,a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS,the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these G:\ORD\ZONING\480.169 Page 1 q --% ;n (irechanges should begranted or denied: safetyof the motoringpublic and the pedestrians using the g 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 (610, requires the amendments,and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that the changes in zoning lessen the congestion in the streets,helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land,avoids undue concentration of population, and facilitates the adequate provision of transportation,water, sewerage, schools, parks and other public requirements; and, WHEREAS,the City Council of the City of Southlake,Texas,has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed,are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No.480,the Comprehensive Zoning Ordinance of the City Li/ of Southlake,Texas,passed on the 19th day of September, 1989,as originally adopted and amended, G:\ORD\ZONING\480.I69 Page 2 (f\-. 9 is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being a 0.46 acre tract of land situated in the Hiram Granberry Survey,Abstract No. 581, Tract 2D, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural to "0-1" Office 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 L 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. L G:\OR D\ZONING\480.169 Page 3 A- 110 (re Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation,both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted 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,fme 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. (kir MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1995. MAYOR ATTEST: (we CITY SECRETARY G:\ORD\ZONING\480.169 '7A- Page 4 L APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: (re (No' G:\ORD\ZONING\480.169 Page 5 9 1� EXHIBIT "A" A TRACT OF LAND IN THE HIRAM GRANBERRY SURVEY, ABSTRACT No. 681, SITUATED IN TARRANT COUNTY, .TEXAS, AND BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID GRANBERRY SURVEY; THENCE SOUTH (DEED CALL) 2 S .0 rPEET; THENCE SOUTH 88 DEGREES 44 MINUTES EAST A DISTANCE OF 187.0 I+'Etsl'; • THENCE SOUTH 02 DEGREES 16 MINUTES WEST A DISTANCE OF 33 .96 FEET TO A POINT IN THE SOUTH RIGHT OF WAY LINE OF SOUTHLAKE BOULEVARD (F. M. 1709) ALSO BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT OF LAND; THENCE SOUTH 02 DEGREES 16 MINUTES WEST A DISTANCE OF 241 .04 FEET TO A POINT FOR CORNER; THENCE SOUTH 88 DEGREES 44 MINUTES EAST A DISTANCE OF 85.00 FEET TO A POINT FOR CORNER: THENCE NORTH 02 DEGREES 16 MINUTTES EAST A DISTANCE OF 239 . 93 FEET TO A POINT IN THE SOUTH RIGHT OF WAY LINE OF SAID SOUTHLATCF BOULEVARD; THENCE NORTH 87 DEGREES SO MINUTES 06 SECONDS WEST ALONG SAID SOUTH RIGHT OF WAY LINE A DISTANCE OF 85.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0 .46 ACRES OF LAND MORE OR LESS. L G:\O RD\ZONING\480.I69 Page 6 11A-\3 City of South lake,Texas MEMORANDUM April 19, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Ordinance No. 480-R, Second Reading,Adding "Full Service Car Wash" The purpose of the hearing is to consider an amendment to the City's Zoning Ordinance No.480,as amended, to permit "Full Service Car Washes" with a Specific Use Permit for properties zoned "C-3" General Commercial District. Attached are letters from Thomas E. McClendon and his architect, John W. Sholeen, requesting to amend the zoning ordinance to allow a full service car wash. Also attached is a reduction of a preliminary site plan showing a possible layout of the facility. As you recall, they began requesting this revision last August and have appeared before the Council several times before the Council on March 7, 1995 directed Staff to present this item to the Commission. I recommended that this use be permitted in the "C-3" General Commercial District with a Specific Use Permit ("SUP"), but requiring a site plan rather than a concept plan. The Council agreed that a site plan would be the appropriate exhibit to submit with the SUP request because it would afford the Commission and the Council an opportunity to review a more detailed plan prior to approval of such a request. I further recommend that the following items be conditions for SUP approval: 1) sanitary sewer be available to the site, 2) location be on a major arterial to insure proper traffic circulation, 3) minimum of ten(10) stacking spaces, 4) a minimum of 1 parking space per 200 s.f. of total floor area of all buildings, and 5) the wash bay and vacuum/gasoline pump areas be 45 degrees off parallel to the adjoining thoroughfare. On April 6, 1995, the Planning and Zoning Commission upheld my recommendation to permit this use only as an SUP for properties zoned "C-3" and with a site plan. They also recommended the conditions I presented to the City Council on March 7, 1995 with the exception of #3 and #4 which they amended to read "a minimum of 1 parking space per 200 s.f. of total floor area of all buildings with two-thirds of the minimum spaces being tandem spaces for cars awaiting wash or vacuum." This suggested change was noted in Grand Prairie's ordinance which was submitted by John Sholeen, architect for the project. Attached are copies of these Arlington and Grand Prairie ordinance excerpts. On April 18, 1995, the City Council approved the first reading of Ordinance No. 480-R with one addition, that "Site Plan Required" be added under "C-3" in the column labeled "District Where Permitted." Note that this change has been made to the attached ordinance. Should you have questions regarding this request, please call me at extension 743. KPG 9F-1 g r (hre ORDINANCE NO. 480-R AN ORDINANCE AMENDING ORDINANCE NO.480,AS AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE,TEXAS AUTHORIZING FULL SERVICE CAR WASHES AS A SPECIFIC USE PERMIT IN THE "C-3" COMMERCIAL ZONING DISTRICT; PROVIDING REGULATIONS AND RESTRICTIONS THEREFOR; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABIL ' CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HERE r,F; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATIO ' IN PAMPHLET FORM;PROVIDING FOR PUBLICATION IN TILE 0 CIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city ac ng under its charter adopted by the electorate pursuant to Article XI, Section 5 of • - Texas Constitution and Cie Chapter 9 of the Local Government Code; and WHEREAS, the city council adopted Ordinance No. 480, as amended, as the Comprehensive Zoning Ordinance of the city; and WHEREAS, the city council has determined that Ordinance No. 480, as amended, should be amended to provide specific regulations applicable to the location and use of full service car washes in the city; and WHEREAS, the planning and zoning commission and the city council have published notice and held public hearings with respect to the amendment of the Comprehensive Zoning Ordinance as required by law. (11b., f:\files\muni\slake\ordinanc\carwash.480(R)(04-19-95) lG— L. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. Sections 45.1 of Ordinance No. 480, as amended, is hereby amended by adding the following Specific Use thereto: "SPECIFIC USES DISTRICT WHERE PERMITTED • Full Service car washes, subject to the C-3 following conditions: (ir.` SITE PLAN REQUIRED a. Sanitary sewer service must be available to the site; • b. The site must be located on a major arterial shown on the Master Thoroughfare Plan in order to ensure proper traffic circulation. c. A minimum of one parking . space must be provided for each two hundred (200) square feet of total floor area of all buildings with two thirds (2/3) of the minimum. spaces being tandem spaces for cars awaiting washing or vacuuming. d. The wash bay and vacuum/gasoline pump areas must be forty- five (45) degrees off parallel to the adjoining thoroughfare. L f:\files\muni\slake\ordinanc\carwash.480(R)(04-19-95) • it-3 L 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, 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 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. f:\files\muni\slake\ordinanc\carwash.480(R)(04-19-95) 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. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted 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 (my 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 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. f:\files\muni\slake\ordinanc\cacwash.480(R)(04-19-95) 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. (hr, MAYOR ATTEST: • CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney f: files muni slake ordinanc carwash.480(R)(04-19-95) % City of Southlake,Texas MEMORANDUM April 28, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 95-30 Preliminary Plat/Timarron Addition,Village "H" REQUESTED ACTION: Preliminary Plat for Timarron Addition,Village"H",being 91.17 acres situated in the Hollingsworth&Barnett Survey, Abstract No. 797,the M.W. Davenport Survey, Abstract No. 432, and the John N. Gibson Survey,Abstract No. 591 Village "H" proposes 225 residential lots with 5 common greens and has a residential density of 2.47 du/acre. There are two product types in Village "H." Product Type "A" will follow the development regulations approved with Glendover-Phase 3 and Product Type "B" LOCATION: OWNER: APPLICANT: CURRENT ZONING: LAND USE CATEGORY: will follow the development regulations approved with Brenwyck - Phase 3. Southwest corner of E. Continental Blvd. and Brumlow Ave. Timarron Land Corporation Carter&Burgess, Inc. "R-P.U.D." Residential Planned Unit Development Medium Density Residential NO.NOTICES SENT: Twenty-one (21) RESPONSES: Two written responses received from within the 200' notification area: * James Stahala,P.O. Box 700876 San Antonio, Texas; This is good for Southlake; it will create a bigger tax base which will relieve current property owners in Southlake;he also asks when is S.H. 114 going to develop? * Bill Kochweop for Kercho Kochweop Partnership/Marvin Kercho, 3825 Lake Austin Blvd.,#504,Austin; in favor. (44., P &Z ACTION: April 6, 1995;Approved(5-0-1)Applicant's request to table ZA 95-30 Preliminary Plat for Timarron Addition, Village "H" to the April 20, 1995 Planning and Zoning Meeting. SA-- City of Southlake,Texas STAFF COMMENTS: April 20, 1995; Approved (5-0) ZA 95-30 Preliminary Plat for rik Timarron Addition, Village "H", subject to the first Plat Review Summary dated March 31, 1995,deleting item#3.H. requiring Street D be aligned with S. Carroll Ave.; deleting item #3.I. regarding the curvilinear street design requirement;and clarifying item#12 changing Product Type 'B'to Product Type'C'. Applicant has met all the review comments of the first Plat Review Summary dated March 31, 1995 with the exception of those items addressed in the attached second Plat Review Summary dated April 28, 1995. KPG/bls (krir G:\WPFIMEMO\CASES95\95-30PP.WPD .- .., .. . •• . • •. 'i' 1 ----,-- ', 11 • 1; • I I ( , , . 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" . -9.AIT .' .0 Incqpi . - 940111011-43:RAI s i i i, , • -2.L--. 1 ........L. it. itrpOnglifiji DitinannWEestiek , , —11 .,,.-:?±-jJ:',7i .:.Wr4q YriliTgnaillip-1 RION4401141313241 11 III • I 1000—iir - tilli 4101221111Brab e-klumitallirflEt,2 "WM ike%ihk 14 . , .4 ? - 1. 111101gia c‘w Ow- \ 'fV41111•Pa an w . eau . . ,.leir s4 Pirt, 4;0t;o1Citt its grIa Lial. NI.N .,iir.-Tr.-.7.,.„..- 40,,:s. , ‘ • -,. 10 . -.. --- . , ,, ..„,—,s........f,„ r.,,.. linlitriP gift)*-• : ::- ...". . 44.4.4117'..,, -,""E lea.....-- ‘4,041f0,, zz. ..\ ., .fel.p.,,vrea roisret-....-..,..-;, . ,.,- v....../41;,;64,4*' • ptip ' : - •-•,,e0 ...4 - . 5•-- . ........ _.,...: \ PrIffillialr'1157!7.1112.y,:::. .....:.:-.-,'.;-', . Moil ... . • 00440&knit ..... • . ..! • ' l' 11. ' \'' • : - Jim j 1 .. .. . . „. . . . . 4 i• ---- - • (. . -/ --L-4--* ------ - °"-.-- 01L.' .4):Efe'4'i;:';,••---• ‘g I I a 41 G71144 7 I!:. :Ati.:.. .,i: \% ,„ i . • , ,•--.1, W.iini 1 - • 4S. ' ,' : .,••••• - : 1%.711 - . L ‘..,.. 6 ,:- •". , . ApN '‘Al • ' -*14-64'','• ' - - - • -- , ._ v - • At,L , _r*V - - : • .-7 - '11411 -`. %. vittPL.:11....A. '4-**0111.14 \\,...:,_. . ‘;__.,-..-..,-1 ,-. • _Flis . . . ,_. 11110 ,....., . ,. :, .• I /I \ V •."-^:::.," if .. ._...- , . _ ( ''-' •--NI . . •, I i \ ! i . , -- ( ." . -. . . • '..: "...::::':: , .. . , . ..... . .. ... ..... .. . ) • - ,- E,, : 1 ...7- „ ' .'..- .'•7;,\,(••••T'>'' ".- .A 7.7""" • il 4 .1 ., L. OVERVIEW OF TIMARRON DEVELOPMENT • ?A- 3 . t �1 1A3 20Ac —-- 4C r J.*. NALtf 48 r f ; SURIC' A-803 6A1 4A RAINBOW Si. __ i. I . T T - 8A1 1 IA2A 2A 28 � 1 BAIA 1---) - 8A2 1A2B � 12C1 1- - -i gA —. 1 A1C I ` H I l l l l t 6.`3 )Ac i 6A lA2 1/ 683 6A1 �yyt�� ''' - -1 1- + i IA _ 2C 682 -1• ( �• - + - •• - 6F1 [6c Z 10 Ac 10 13.4 Ac L ' L y' 43.01 AC / -1- -r4 a. I 1 � i U 1 I 1 1 1 1 1 1 1 1 1 1 L 1.' I ; 2A2 _- �^ � [TAT EAS1-CONTINENTAL BLV�J _ 2N 2F I T I I t t I t I ,A h L ` �2A 1Ai .__ — ' • 2A1 N 1 fit: IA cc _� MU". 6.3 Ac I I I I t 0.1 .} - -{ i ; 2A3 l 01 )� 2Qt 1 I t HI7ST r a R x . JI 2E1{��L' 111 L yttR •.• I � ' 1\ 111 ` 2E4 31.61 Ac 5.31 Ac KOO LL0 nMG5VtOO I9TINI I �? 2E6 / �C(�� 5P5r tE t� /� o G (is11U\1 U U Ail 2C 2E 7A I11 G- N 2H e SURI£Y h►,Cy7 �,- . , 2E7 • r, c -( .� 71 2N i. - 1 1--" . 2 • ---------------------•------ • N . C�aO o O N 1 ID SU•VEY A-591 18 3 IAL ry<<� 28.88 A< 17,6 Ac 09 ICJ'1R YV L/,y/T J ��‘ -�� • v '�I • �� L-- '' \.` 4F G\ Mln .54. U ° �' ° o \, fili, Q�"C�(n1pOG�i1 ,A2A SURREY A-432 \' : SA1 20 I \-�. TRACT MAP AP _,Z (VI 111. g GRAB n • • • 4._ • N � d- CO ¢ W W C..7 Q _ 10 12�dH ) .r N ¢ N N N N N CD 2 E r^ I— �� N H Q Q UCV---� i_pt_ Q �N OECI U' N C 17. 7 O N�_ -, c I x 1 ""- = a p Q I-- - C— N N -i N �_ C7 0 0 3 .._ N 00 ...... Q m N _and ra •�,‘d 01 .8 os, Z N Woo pun I uaiew 6 N CV 0) C..) I c = _co p' J _ m 0 ,_ r •c 4.1 C O ai Q — Q .cm Q III > CJ Q , I j ;� U u. ,i.ii m ^ �Jf I j, . , Zv oJ tQ F Z 2 1- N N 0Z ---- I m N o4 44I 1io/ I Z w m I'' ° Q Q x i II, o 0 N NI 1 C Q 11,11,1 � p,.. * III' co C a Z1, ao / I;,ji � ;lpQ �awnl•" ¢ ¢ co 0 ICI Jt yuwgy 1 4 ..,. a E ft; I A.__-I .1.1 LC) I '.0. t ° a; • (9 111111 E ‘011_41% 11-4 _ m U 0 0. a,.f� --I CJ t t N y I"� ' Fri iuiii,�,, n" u lc `NI c i I c- 0 C ii o (� U act g _—c' t co ` E nn n L Btic 5 City of Southiake,Texas PRELIMINARY PLAT REVIEW SUMMARY Case No: ZA 95-30 Review No: Two Date of Review: 4/28/95 Project Name: Preliminary Plat-Timarron Addition,Village "H",91.17 Ac..Hollingsworth & Barnett Survey Abst.#797.M.W.Davenport Survey Abst.#432,&John N.Gibson Survey Abst. #591 OWNER/APPLICANT: ENGINEER/SURVEYOR: Timarron Land Corporation Carter & Burgess. Inc. . 300 E. Carpenter Freeway. Suite 1425 7950 Elmbrook Drive. Suite 250 Irving. Texas 75062 Dallas. Texas 775247 Phone: (214) 791-3333 Phone: (214) 638-0145 Pax: (214) 541-0800 Fax: (214) 638-0447 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 4/24/95 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT DENNIS KILLOUGH AT(817)481-5581,EXT.787. 1. The northwest portion of the project tract appears to contain Lots 2&3 of Plum Creek Manor. Show the lot lines, lot numbers, easements, and county record volume and page on the graphic ( in light lines ). Provide the lot numbers, subdivision name, and county record volume and page in the preamble of the metes and bounds description and in the title block. The title block should make the following reference: " ... and being a revision of Lots 2& 3, Plum Creek Manor, ...". i 2. The metes and bounds description should include the survey names and abstract numbers for all surveys that the project tract is located within. Please verify that the project tract is located within the M.W. Davenport Survey Abstract No. 432. It appears that the south line of the project tract adjoins the north line of this survey but may not lie within it. 3. The metes and bounds description should match the bearings and distances labeled on the graphic. Please correct the discrepancies. 4. The proposed realignment of Brumlow Avenue does not appear to meet the minimum 600'centerline radius requirement. 5. The following changes are needed with regard to adjacent properties: A. Correct the ownership and zoning shown for the tract of land labeled "Timarron Land Corporation Vol. 9813,Pg.2375 Zoned P.U.D. 480-01B" which is adjacent to the south line of East Continental Boulevard,the west line of the project tract,and the east line of the Aubrey Smith tract.T.A.D. and City records indicate that the owner of this tract is Keith Turner and the zoning is "AG". (11 B. Label Lot 1,Plumb Creek Manor,located west of the northwest corner of the project tract,and provide the existing zoning. City of Southlake,Texas C. Change the existing zoning for the Kercho Kochweop Partnership tract to "PUD" (480-143) and add "Proposed Versailles" . D. Label the subdivision name, and lot and block number for J.N. Gibson No. 591 Addition, which is the Weiss-Tex Investment tract. E. Correct the owner's name shown on the tract of land located south of Lot 1, Block B, Hart Industrial Park from "H.O. Thompson" to "H.D. Thompson" . F. Change the zoning shown for Lot 1,Block B,Hart Industrial Park to "SP1" (480-73). 6. Change the following portion of"Note#5": "....All lots contained within Block 2,and Blocks 43 through 51 of this plat are subject to the Timarron Village'H''Development Regulations for Product Type'C' ." 7. Lots 4, 5, and 34, Block 1 do not appear to meet the minimum lot square footage requirement of 15,000 sf for the Product Type 'A' Regulations, and Lots 27 and 28, Block 44, and Lots 24 and 25, Block 48 do not appear to meet the minimum lot square footage requirement of 10,500 sf for the Product Type'C'Regulations. . Change the side yard building setback lines on Lots 30.and 38, Block 1, adjacent to Byron Nelson Parkway,from 10'to 20', as per the Development Regulations for Product Type'A'. 9. Delete the water,sewer and elevation contours from the Preliminary Plat. Water, sewer,and drainage plans should be submitted on a separate drawing drawings. * Staff questions the likelihood of the future extension of street "M". Staff feels that Street "L" is would be more suitable for future extension. * The approved preliminary plat of the golf course expired on 7/21/94. * A completely corrected preliminary water, sewer and drainage plan is required with the submittal of a final plat. • * Denotes Informational Comment cc: Timarron Land Corporation Carter&Burgess,Inc. G:\WPF\REV\95\95-03OPP.WPD J� C]ft' - 1 01575 ,5595. 55595tl . :2 F =1==75s311s3757t f i = asl ;21E �s= ^.Rv „` "i ail g '„ a.v531.71 `3 - i%i.: -1<�1 dt77litt277771ttstt E • flu gg sr�� 35*o n AP „ f 3 3I �x: ,.a► , iii:ii:iii::::/*ilk - I � � iiii %tr .-fA Hi sssssssssiiiii 01111 •�� - $ " i �i i 11 !Pl., !.• li g as {{i! !!t ili! ., i � f ti � . i~ i T r 1 - - 1 . w i':..!--''.... .:''....".'-'" -7N111C-r,---'.- ' i • 1wi Z • ' 1:111kPli t i,--, • 1 VS is....---c-- - lift ',. `t fir:0*010 n..i/.. .1rt1SigZatE wi;:.la• isglpargo - .i.....4`..a; e} ! _r Sri.aw ,... ,,..,„4 .....,..,1..,,, - .-. .:_::_-,:,-: .. A ---.4 -- . . . 'as *,--,-- glii ', 1111.. ...:,,,N.A'.N:.-vii-a-Nri)e, ".....!il d �. i.l..:"---:;‘-7- - sa. 7 ; ram- -, is .1.4Nr- ,„, - IL:,- , Mat. , lig . ,,4,,,,I.,...,:zi :,,,,,.. ,,,......,,.„ .. ___-.7..2.,..........1441/....-.,..,,, -: :,,.:..;;;;,?z,:.,•,,,•;•2••-•-• ' ki-...... 1-''.- , . P'f-,,-....-'5-'''''''''';......s; . -g' —-..-- _:::.:'.1.'...'.!'.:•'•';'-kt:,:,:".:,:: ,::: ::'....-:.:::•,,..!:t_,. -..... .VI lir ..,.,.1 , i:,._;:,i.4,.::.i.4,.....,,,,::... ..,,,,;.,.... i.i.. ',-'0'''.... ....-''' ''-'311.5-1''Z-- .. ' /... '1.1'''''. .4:::i...±4;4:.g f:V T''' Of l' , ....., .''..'•-•:,. ...1 ''All''...", '' 71.'...,1:1.....i':.1..::::::..:::-.....-...-1.-..E,,-...;1::.- 1.-:i::::::';':.,.. 1.;...;':::: : 0...'"-.1: ..=,-,.,:,.g...t)a.,- ..,-;e:*...- .g....:,-..-'i'r--''.- (-.4 41 -.'W '':'1! .';'; ' ./it' ! .ikt .. , . . . : ,... . N r.", ,..... „. , , .,.., ,,,.. .: .. , )i J : ',;4././.Or. * ? 11 / i , ';-.e TT r ,, ' r ::'.1 1 Qfti FFit(i 1;1i3/ II 1 j� >!:!✓_: - � . J� �S_r� II ' _ � t �aI r ' 111 i. ite, ,, , , , I, ,.....,...:,..„ ,•::::..,-,,,,,,,,::":,.:......,:::,,Fal: -::,...:,!- .:,:,... ,:. 1 ., , , 1 4 i i--1;1'-,14'.4.•:;•••-• '::...,...70-",,Arr::,-:- /t I i; . i , , .^ . _: f; - —'` iiiiiiiiiiiiiiiiti : . - . _ y ' iiiiiiiiiiiiiiiii i Ilk- 4. ay . . .. . . .. t/ _ ; ` � - ,! RIt r :�, '"'. - . ' � " . . iiz tiiiiiiiiiiiii i Ceit, euet � _ . s .'ro : it# sf ; . : ' e-' g ,, �, , Pi { : ii ittilittitiiif t:! ;r `+ �`.%1 et�x 3 ,I .�R 1z. •' ii iiiiiiiiiiiiiiii i aa 1Y _ as:=' �4! a iii iiiiiiiiiiiiiiii '�� yBS ... �{..� .� `yam•. �«. TIMARRON DEVELOPMENT REGULATIONS 3 VILLAGE H /'� !> � PRODUCT TYPE "A" c`�`C. v./ ITEM: DEVELOPMENT REQUIREMENTS: Height: Thirty-five feet (35') maximum No building or structure shall exceed two and one-half MA) stories. Depth of Front Yard: Twenty-five feet (25') minimum - no more than 50% of the lots will have front yards less than thirty- five feet (35'). Depth of Rear Yard: Twenty (20') feet minimum Width of Side Yard: Five feet (5') minimum on no more than 25% of lots and ten (1,0e feet (10') minimum on remaining 75% of lots. No house may be closer than twenty feet (20') to adjacent house. Width of Side Yard Adjacent to Street: Twenty (20') feet minimum Lot Width: Eighty-five (85') foot minimum lot width on 90% of the lots; 10% of the lots may have lot widths at the front setback line that vary from fifty feet (50') to eighty-five feet (85'). Lot Depth: One hundred fifty (150') feet minimum Lot Size: Fifteen thousand (15,000) S.F. minimum Fifteen thousand, five hundred (15,500) S.F. average Maximum Lot Coverage: 30% Minimum Floor Area: 2,600 S.F. 95210701.M01 BA-1 TIMARRON (hire • DEVELOPMENT REGULATIONS ,�A / N N j�. VILLAGE H ,.• PRODUCT TYPE "C" /� � st�9 9 0S s ITEM DEVELOPMENT REGULATIONS Height: Thirty five (35') feet maximum No building or structure shall exceed two and one-half (21) stories. Depth of Front Yard: Twenty feet (20') minimum no more than 50% of the lots will have front yards less than twenty-• • five feet (25'). Depth of Rear Yard: Twenty (20') feet minimum Width of Side Yard: Five (5') feet minimum on no more than 25% of lots and seven and one-half feet (71') minimum on remaining 75% of lots. No house may be closer than fifteen feet (15') to the adjacent house. Width of Side Yard Adjacent to Street: Ten (10') feet minimum Lot Width: Seventy-five (75') foot minimum lot width on 90% of the lots; 10% of the lots may have lot widths at the front setback line that vary from fifty feet (50') to seventy-five feet (75'). Lot Depth: One hundred twenty (120') feet minimum Lot Size: Ten thousand five hundred (10,500) S.F. minimum Eleven thousand (11,000) S.F. average Maximum Lot Coverage: 45% (50% of the lots); 35% (50% of the lots) Minimum Floor Area: 2,200 S.F. 95210701.1401 &A-10 City of.Southlake,Texas MEMORANDUM April 27, 1995 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Developer Agreement for Napa Valley Estates Addition The Developer Agreement for Napa Valley Estates Addition is attached. There are several revisions to the standard Developer Agreement that are highlighted and struckout. These changes are noted as follows: • Page 1, GENERAL REQUIREMENTS: section B. will allow building permits to be issued after infrastructure listed in the Agreement has been completed. The Developer chooses not to provide the usual requirements of Cash Escrow, Letter of Credit, Performance Bond or Payment Bond. There are several struckout sentences throughout the Agreement that refer to the requirements. Maintenance Bond requirements will remain the same. Allowing the Developer to construct an Addition without the above requirements has been done previously, as in the case of Myers Meadows. Section C. will allow building permits to be issued before the City accepts the Addition only if Developer obtains a Cash Escrow, Letter of Credit, Performance Bond or Payment Bond as set forth in Agreement. • Page 6, Section D., ON-SITE SANITARY SEWER FACILITIES: calls for a lift station with a force main that will connect to Oak Tree Addition on a temporary basis. The City anticipates that residential development will be constructed south of Napa Valley Estates. This future subdivision will construct the permanent sewer service; therefore, Napa Valley Estates must connect to the permanent sewer service once available. • Page 7, the highlighted phrase (or to owner which abuts such amenities), needs Council attention. Two years after the Addition has been accepted, the amenities within public right-of-way usually become the responsibility of a homeowners association; however, the Developer does not plan to establish a homeowners association. The owner (presently the Developer) of the property that abuts the addition, may be responsible for these amenities. • Page 9, OFF-SITE DRAINAGE: states that Developer will pay pro-rata in the amount of $25,403.35 for the culverts located on East Continental. Normally the City requires that (%■••- drainage pro-rata be paid before construction begins. The Developer requests that the City /OA/ (46., Curtis E. Hawk, City Manager Napa Valley Estates Developer Agreement April 27, 1995 Page 2. allow the pro-rata to be paid after construction begins, but before the Addition is accepted. • Page 10, PARK FEES: requires the Developer to pay the usual Park Fee of$500 per lot. The cost will be $17,000 for 34 lots. • Page 10, PERIMETER STREET ORDINANCE: Instead of paying perimeter street fees, the Developer will reconstruct Rainbow Street along the developed frontage. The reconstructed street will meet City standards and will be constructed of concrete. Please place this Developer Agreement on the May 2, 1995 agenda for Council consideration. 61, L BW/sm Attachments: Developer Agreement Map Drainage Calculations (we /O�a . • NAPA VALLEY ESTATES 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 to the City of Southlake,Tarrant County,Texas,hereinafter referred to as the"Addition," for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the lots contained within the - -, 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. ition QJ rapidly as possibly and building-permits-shall-be-released-as-seerras-tlie-streets-are-eempleter The-Developer appreved-by-the-eity-and-all-apprepriate-Fire-Getle-requirements-are-satisfiedr and B. , b4' E Ya." t 4 6£ $1k i�' . 1 d�F i{ t 3g, �, . f S}� E�,�r °�➢ A at 7e a r t C l a t 36 t = ( eia = 00 g4 4 a asw u E� Z�a( l . .. § �E /64/9-'3 • . .,H, o. ...,. t C. The Developer will present to thc City either a cash escrow, letters of credit, The value of thc performance bond, letters of credit or cash escrow will rcducc at a D. The Developer agrees to furnish to the City maintenance bonds, letters of credit or Le 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 E. 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. -2- /a '- ' F. 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; 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; (ire 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. G. 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 -3- 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. H. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. 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: (re A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and reviewed by the City. Further,the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs,materials and engineering. In the event that certain water lines are to be oversized because of City requirements,the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers,reviewed by the City Engineer,and made part of the final plat as approved by the City Council. The Developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and -4- 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. 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 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. -5- D. ON-SITE SANITARY SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage collection facilities '14 ' .' �� , no service lots as shown on the final plat of the Addition. ,“10 + e° • Vie: 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. 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 -6- //, .-e maintain these amenities until such responsibility is turned over to a homeowners association � ;� � .�� N a ,� � e 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. At least six (6) sets of construction plans stamped "Released for Construction" by the City Engineer must be submitted. 2. All fees required to be paid to the City. 3. Developer's Agreement executed. 4. 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. 5. 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 ,r -7- 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. 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, (se, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death,to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers,agents, servants or employees,or any of them,on account thereof,to pay all expenses and satisfy all judgement which may be incurred by or rendered against them or any of them in connection herewith. D. This agreement or any part thereof or any interest herein,shall not be assigned by the Developer without the express written consent of the City Manager,which shall not be unreasonably withheld or delayed. E. On all facilities included in this agreement for which the Developer awards his own construction contract,the Developer agrees to employ a construction contractor who is approved by the City,and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. -8- /&' ''o F. Work performed under the agreement shall be completed within two (2)years from the date thereof. • 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 (1■01 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 ., the service is integral to the performance of the Agreement. IV. I Li . A 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 . The Developer agrees to pay eat; of the culvert expense prior to the beginning of construction. -9- B. 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 lots for a total required park fee of 1. �{ C. PERIMETER STREET ORDINANCE: ! 4"�4 1 2 i �,. , D. TREE PRESERVATION ORDINANCE: All construction activities shall meet the requirements of the Tree preservation Ordinance 585. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER:N.V. Estates,LTD. By Allegheny Land Company By: Douglas A. Tatum,President Date: Address: -10- /p,9-/Z a . • (...„ CITY OF SOUTHLAKE,TEXAS By: Gary Fickes,Mayor ATTEST: Sandra LeGrand,City Secretary Date: c:lwpfifesldevagreelfornwt -11- /&4^/3 4111ft. • • 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. c:lwpfilesldevagreelforn at C -12- /a 1/f I .. 1 X IV at 1 .141 e k a 19 w a 1 # iii - 71L.4...] ti lit :1: 1 t 1i Old it �. ,, • si I - I ,. --; z: ■ himu w I :! ‘� -_ 1111 I t 1II I dl IsAd i • i 1 i R i 1I1111I1 '� 11111111 • i • I R 30 • i 11111111 i 11 i I ; f ` ii lilt IIIIIiII ; >! 1h"1 '11 - i ) Mt li "55 Y ILL-_ _ __ F - x • °ate i' _w am M ��_, - ��` - • 1 - .._. i I -' i .1 a I - l-I-' I'14'w 1, ` `Is.-4 • SI• w = ,„ 1 ( A w V w w w I _..� I crr. Lau,on i • : ,... So. i , • 1 -. ��1 1 i ir I . i � flit_ . � 1 ki ! I I I I I I s 3e 1 I it 151 .1 _ [ sgI� D a _ . � � � �`�1 # Ill gI i i i i i g !ill�1 ��ill 1 __ ! lI 11 l 1 f s f a fr n ; , 1t _.._.._.yam {: 1 1 1 1 1 1 i 1 i 1 iz! !IR 1 1 dill 4{>! t /S1 lig il I/ Is I 1 li 1 1 li 11 ISI i 11 l= .. . .I ., . . *1 RI, ilk tal ; li ditiii 1 igli; l t 9 tit 2 lj �ji !. 14 1 r$111 1 I it 1 gtf Ci - • , � � � { 1{ ti • /D,41is e t .... ,, / 1 N ►Y'p!1 `'._.___._—_.- 7, �Esl�7 a•1cr J �'L I r+ 11 • ir rr 4 y pCR r.4 XI. 11 . ♦J � r I 2s1.i ' II .C.Vi-1., O ,N 1.' OOP —_ arLW PS r + 11 ` S�arr : Eliffil JACK D. PAP yw MN r l 'illy •W I�Ef �� minawiso s4 . : a r © Y•■ rfN-P ar r©;03::,4.4 `44 ,r< g11a- sirSl ar •N�5 P • 1 re lip e :...et,ix... ;40. 2$11 ._fe - x © pM , ��, t'� • IP .• .,... 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C5 • rr © (7 C • .IOHIN A. IFR� .•. itu u■r -• ,ra,,cs1.- I O®EDI H W. .HReHT a,,, is ilo a ta .. i i; AO w r r I ...UP 0 HALE 0 O 7ji ar an..iAS r i • + '�.a W -",S" v-J,:t4.' 1--: • = ' = r� W OI. „ s as I • �' ,� 1 1 ,......_crE 1' f/ al T P law ,% •7,;, ' ".. . 'N.,......' ... I idi ---7,—.4,-.1.-a.-- : '..• a :1 . . . I gl'it t4ICL, . 1:: . ::-: . •%a. R .• 6P ,,,t, p 1Ca as `1....A •• I L i. Mlp r r a.. rA i ... +e 1 I I • i TRACT MAP :11 �` w UM r u MEDLINA a•; a.«r 0134- ; . .zi - x "•1 HARRISON DE KED b. / GxLIAIWETY I• ., -- - �, •a,, N(i ll � I NI At x / 1� I l 1O� ..N ; c I tr .......' ..i.. dR]IH+ 1•IkII GIw::a I 107.8 ACRE WATERSHED • ESTIMATE EM DESCRIPTION COST I #24 $652. 13 per acre 1 MAIN"PRECAST BOX CULVERT 80 L.F.0$375.00 $ 30,000.00 ��2 5 $614.8 7 per acre 2. 2-TBX-D.O.T TYPE WING WALLS(PARALLEL EL TYPE) 6,900.00 3. 240 L.F.-METAL GUARD RAIL 0 828.75/L.F. 6,900.00 4. 'ICK CONCRETE RYP-RAP 0 CULV.ENDS S.F.0 34.85/S.F. 10,864.00 i $1,2 6 7.0 0 per acre 5. MULCHING AND EROSION CONTROL 3,000.00 6. yE AND DISPOSE OF THE EXISTING STRUCTURE a 20.05 per acres X $1,267 = $25,403.35 OTAL ESTIMATED CONSTRUCTION COST $ 59,000.00 5,900.00 ENGINEERING COSTS 5,900.00 • SURVEYING COSTS (�q (� a r , . i 11 PROJECT INSPECTION COSTS - :- ,:Y�-- J >�, $ 70.300.00 r ......... ' _ R'` y_ ,_ ,, GRAND TOTAL PROJECT COST '» " i, y\ i i N X?ST PER ACRE(BASED ON 107.8 ACRES? iwT__ c•-,r-i w;�rN i•;;��c �,— itt �;: _ - nos//// . COST/AC. $ .300 !►t !� yt - j-, 1, _ 70 .00/107.8ACRES T� O R'�•••• .pY 'OY �►ws+';:1. j1 .r- . t,,, ,, 4 y • .. L 1 .r S. ":lam 1 1` = Z 652.13/ACRE t -t < r 4.w,r1 '_. \. / E CITY OF SOUTHI,AKE j• , ±.I ! . ;c • u(i i 11 - ?Rower(ART RSTIMATR I ..` v�' �f ,� t'-, 'r .;� �� `l CRITICAL STRUCTURE NO.25 11111=tot ) t -r3 i y. 104.9 ACRE WATERSHED ■ "`la.y __~" 1, -..„.:0-.0,-1 ....• .t'i ,,,: / , V - TI ESTIMATE » pi .r: ,. ., � f / ! t `�� D[ DESCRIPTION - ;�,'- 1 5.-�g' �� '' - r-T' ' i y� 1. MAIN'PRECAST BOX CULVERT=70 L.F 0 3375.00 S 26,250.00 `�• �,�, ;t, 1 > j t 2. 2-TBX-D.O.T TYPE WING WALLS(PARALLEL T YPEXL-S.) 6,500.00 , - �( ,ra 1'17t.:L,• , , . , . r+l,V% / . 1 3. 220 L.F.-METAL GUARD RAIL 0 328.75/L.P. 6,325.00 \ ,a,, ,,aj 4. 6'THICK CONCRETE RI -RAP 0 CULV.ENDS • r a v. _ t�, .r, 2240 S F.0 34 85/S.F. 10.864.00 ' -^ ••-•• j ,� Y P,y •ra _� ..en... 5. HYDRO MULCHING AND EROSION CONTROL 3,000.00 �. _ a Q ' { `•' 5. REMOVE AND DISPOSE OF THE EXISTING STRUCTURE 1.200.00 % a, S/ T , TAL ESTIIKATED CONSTRUCTION COST $ 54,139.00 i Spey !•,�►�..r t '- ▪ r • ENGINEERING COSTS 5,400.00 J•,rn i R.`_► •:� ,,,1; -- •`" I SURVEYING COSTS 2,26100 r �"' -3' , _�' '- '`3•l'sijL '' .. PROJECT INSPECTION COSTS 2 700 00 HA .... 11 acid= ` r� :TOTAL PROJECT COST $ 64,500.00 �.- j'• ,t01 • , ' "`'• , )ST p B(BASED ON 318 ACRES) �~l ', a f if V -tr., , 7.,�°'�"' - COST/AC. =$64,500.00/104.9 a$614.87/ACRE '. 1_►d -(' ` ► iii r; ....r. iRl • . — t i� , li `•, ''1 - ,,>d ji • r_. ..T 4r it ,j ` lf:* . •'t 1 t t Ij QNK!& a _ T:• . .iL i..� •I� t{JI� '� \ O1 1 }i�j,-Pt r--- OL.t • ..I r-�^Y," -�/+1 K. !" •" •i �/��IIIII�`- , 1, 'i e: ji I� i• 1 i_•,.•YT. '•�j''SM r` .., Qi r �,. ` 40 t --'—ram y� um-�•i ..... E.'gr j a ,, ! .}, ,sxo,jl„at- ANT ,v JOHN A. 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