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1998-10-20 CC Packet t, City of Southlake,Texas
leMEMORANDUM
October 16, 1998
TO: Honorable Mayor and Members of City Council
L
FROM: Curtis E. Hawk, City Manager
SUBJECT: Agenda Item Comments and Other Items of Interest for City Council
Meeting October 20, 1998
Note that the fmancial report prepared by Finance Director Lou Ann Heath and the
Town Square Status Report prepared by Deputy Director of Public Works Ron Harper
are included in your packet under Item No. 4B-1-5 and 4B-6-7, respectively. Although
these financial reports are through year end, please note that not all accruals have been
posted. We are still working to finalize the reports for year end. If you have any
questions, call Lou Ann Heath, Ron Harper, or me.
III
1. Agenda Item No. 5A. Approval of the Minutes of the Regular City Council meeting
held on October 6, 1998 and the Special City Council meeting held on October 13,
1998. If you have any changes to the minutes of the regular City Council meeting
or the special City Council meeting please discuss these at the work session or
notify Sandy LeGrand prior to the meeting.. She will bring the amended minutes to
the meeting for your consideration.
' 2. Agenda Item No. 5B. Approve FY 1998-99 Scope of Services Agreement with
Keep Southlake Beautiful (KSB). The agreement in your packet has been approved
by the current KSB Board of Directors, and is the same agreement executed for last
fiscal year. Note that the City will provide $4,500 to KSB to perform the services
outlined-in the agreement. Please let Kevin Hugman or Courtney Queen know if ._ _
you have any questions about this agreement.
,•
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting October 20, 1998
• Page 2 of 30
3. Agenda Item No. 5C. Approve FY 1998-99 Scope of Services Agreement with
Metroport Meals on Wheels (MMOW). As you are all well aware, Metroport
Meals on Wheels coordinates the provision of meals to the homebound senior
citizens, as well as a weekly congregate luncheon meal for seniors at the Senior
Activity Center each Tuesday. They also organize additional social functions for
seniors, working with the Southlake Seniors organization. This agreement provides
$10,000 for MMOW and continues our relationship with them for the provision of
these vital services. Please let Kevin Hugman or Nona Whitehead know if you have
any questions about this agreement.
4. Agenda Item No. 5D. Ordinance No. 725, Smoking Regulations, 1st reading,
Repealing Ordinance No. 537. This ordinance is a comprehensive amendment to
Ordinance No. 537 which was adopted by the City Council in 1992. Although
Council did not have time to discuss this ordinance at the October 6 meeting, we are
bringing it forward for first reading because of the need to adopt new regulations
before we receive more requests for restaurant development. The memo in your
packet from Assistant City Manager Shana Yelverton describes the discussions staff
has had with Councilmember Edmondson on this issue and the approach taken to
amend the ordinance. The attorneys have reviewed and provided comments on the
ordinance, which have been incorporated into the draft before you.
Please call Shana or Councilmember Edmondson if you have questions about this
item.
5. Agenda Item No. 5E. Authorization to advertise for bids for installation of sanitary
sewer in the Cedar Creek Plantation Addition. As part of the neighborhood sewer
program, the Cedar Creek Plantation Addition is scheduled to receive sanitary
• sewer improvements. The total estimated cost of the project is $120,400 with
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting October 20, 1998
• Page 3 of 30
$10,000 allocated for the engineering design, which was completed during the
previous fiscal year. The construction is proposed for funding in the 1998-1999
capital improvements budget.
Please contact Bob Whitehead if you have any questions regarding this item.
6. Agenda Item No. 5F. Authorization to advertise for bids for road and sanitary
sewer improvements on Lilac Lane. The Lilac Lane project, which includes
improvements to the road and sanitary sewer, had been scheduled in the FY 98-99
CIP budget. In June 1998, the City Council authorized the design work for the
project with the combination of sewer improvements into the originally scheduled
road improvements. This will allow the City to minimize the overall cost of both
improvements by completing them simultaneously. The budgeted amount for the
project totals $234 600 which includes construction J and design costs. The
engineering costs are estimated at $44,465 which also includes the design of Pine
Drive. The project, which will include a sidewalk on the south side of Lilac from
Dominion Drive to Byron Nelson Blvd., is scheduled for construction to begin
sometime around the first of the year.
Please contact Bob Whitehead if you have any questions regarding this item.
7. Agenda Item No. 5G. Authorize the Mayor to enter into a developer's agreement
for Georgetown Park, Phase III. This is a standard developer's agreement. Note
that the developer received approval from the Park Board to pay required fees in
lieu of land dedication. Please let Deputy Director of Public Works Charlie
Thomas know if you have questions about the developer agreement. Questions
regarding the Park Board's action may be directed to Director of Community
Services Kevin Hugman.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting October 20, 1998
• Page 4 of 30
8. Agenda Item No. 5H. Authorization to advertise for bids for water, sanitary sewer,
and road improvements on Lake Drive. The proposed improvements along Lake
Drive include a new water line, a new sanitary sewer line, and rehabilitation of the
pavement. As you recall, the residents along Lake Drive have requested that the
reconstruction of their street be completed with a pavement width of 18' rather than
the standard 22' cross section. This was discussed in great detail with the neighbors
at the meeting held on Wednesday, September 9, 1998.
As stated in the memo from Director of Public Works Bob Whitehead, the CIP
budget allocated $169,000 for this project.
• 9. Agenda Item No. 51. Authorize the Mayor to enter into an interlocal agreement
with the City of Grapevine for the provision of animal control services. This item
was placed on your agenda in anticipation of finalizing the agreement with
Grapevine. We are not yet ready to proceed, however, we do not anticipate any
major changes in the agreement. We would ask that you table this item until the
November 17 meeting.
10.Agenda Item No. 51. Award of contract to Sefco, Inc., for the construction of a
second five-million gallon ground storage tank at F.M. 1709 and Pearson Lane. As
we discussed during budget work sessions, we are moving forward with the
construction of this water ground storage tank as soon as possible to ensure our
ability to provide water during droughts and emergency conditions. Council _ _ _
authorized us to bid this project at the September 1 Council meeting, and we
received three bids for the project. The memo from Bob Whitehead discusses the
IIIproject, the bids, and the method by which we will accelerate funding for the
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting October 20, 1998
• Page 5 of 30
project. We believe that we have identified savings which will not impact our
ability to provide the services anticipated when the ClP was developed. The
projects which will be delayed as a result of the reprioritization are either 1) delayed
anyway (easements/construction timing), or 2) may be constructed by a private
developer. (Funds to complete projects which have been delayed will be recouped
when the next round of CIP bonds are issued in early 1999.)
Note that there may be neighborhood concerns with this project. We have been
working with residents in the area regarding the noise created by our pumps and are
evaluating possibilities for noise mitigation. A copy of a letter sent to the
neighborhood has been attached to my memo. Note that we have hired a sound
engineer to evaluate the situation and are working this weekend to put sound
attenuating devices around the pumps. The engineer will then reevaluate the
situation to determine the impact of our efforts. Staff met with a
P new resident in the
area yesterday to discuss barriers or other mechanisms to alleviate her
inconvenience. We do not anticipate residents at the meeting. Still, having the item
on the agenda presents an opportunity to those interested in addressing Council
about the noise and you may be addressed on this subject on Tuesday.
11.Agenda Item No. 5K. Resolution 98-71, Canceling the November 3, 1998 regular
City Council meeting. Proposition two on the May 2, 1998 Charter Election ballot
was approved to authorize the City Council to cancel or move the date of a regular
city council meeting by posting a 72-hour notice. This proposition was
overwhelmingly approved by voters (1,591/828). This item is on your agenda
because November 3 is election day. The Council Chambers will be used as a
polling site. In years past, we have worked around elections but it has caused
inconveniences for Councilmembers, as well as residents. Your approval of this
• resolution will provide for cancellation of the meeting with proper posting.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting October 20, 1998
• Page 6 of 30
I have spoken with staff regarding our ability to manage projects in the absence of
this meeting, and there are no significant problems with canceling the meeting. We
will tightly manage the development of the agenda for the November 17 meeting,
and if there are a large number of items, they can be handled by rolling them into
the subsequent meeting.
In short, we see no problem with canceling the meeting and recommend your
approval of the resolution. Please let me know your thoughts on this item.
12.Agenda Item No. 6A. Proclamation for El Fuerte, Mexico, Sister City Delegation.
A delegation from El Fuerte will be present during Public Forum at the meeting. A
• proclamation will be presented to them at that time. Southlake Sister Cities has also
planned a dinner at LaCasa, 7:30 p.m. October 21. (See item No. 35 below.)
13.Agenda Item No. 7A. ZA 98-105, Revised Concept Plan for St. Martin-in-the-
Fields. FYI, there were approximately 10-12 church members at the P&Z meeting,
which is why this item was listed first on the Public Hearings section. There are no
unresolved issues related to this application. The Planning and Zoning Commission
recommended approval 7-0 with the modifications noted in the Staff Report. Feel
free to contact Dennis Killough should you have any questions regarding this
application.
14.Agenda Item No. 7B. Ordinance No. 480-BB, 2nd reading, Impervious Coverage.
There have been no changes in this ordinance since Council approval of 1st reading
on consent 6-1 (with Mayor Stacy dissenting). Feel free to contact Karen Gandy
should you have any questions regarding this ordinance.
•
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting October 20, 1998
4111 Page 7 of 30
15.Agenda Item No. 7C. Ordinance No. 722, 2nd reading, Authorizing the issuance
of$4,275,000 City of Southlake tax notes, Series 1998, and considering all matters
incidental and related to the issuance. This ordinance authorizes the issuance of tax
notes for the purpose of purchasing property for the Southlake Crime Control and
Prevention District. You may recall that the District has no authority to issue debt
and the administrative contract agreed upon by the Board and the City provides that
the City will do so on the Board's behalf. As the Board moves closer to closing on
specific tracts of land, they will need the funds to cover the cost of the land.
Note that Board President Andy Wambsganss will be present at the worksession and
during Executive Session to discuss the Board's most recent activities on each of the
targeted sites with you.
Please let Lou Ann Heath know if you have any
y questions about this ordinance.
She or Assistant City Manager Shana Yelverton can answer questions about the
Crime Control District's intentions with land acquisition.
16.Agenda Item No. 7D. ZA 98-106, Site Plan for Kirby's Steakhouse. There are no
unresolved issues related to this application. The Planning and Zoning Commission
recommended approval 6-0-1 with the modifications noted in the Staff Report. Feel
free to contact Dennis Killough should you have any questions regarding this
application.
17.Agenda Item No. 7E. Resolution No. 98-69, ZA 98-107, Specific Use Permit for
the Sale of Alcoholic Beverages for ' On-Premise Consumption for Kirby
Steakhouse. There are no unresolved issues related to this application. The
Planning and Zoning Commission recommended approval 6-0-1 limiting the SUP to
•
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting October 20, 1998
411 Page 8 of 30
Kirby's Steakhouse only. Feel free to contact Dennis Killough should you have any
questions regarding this application.
18. Agenda Item No. 7F. ZA 98-108, Site Plan for Campus Circle Parking Lot, Lot 1,
Block 1, Westlake/Southlake Park Addition No. 1. Allen Taylor has been in
communications with the City Attorney representing Westlake as it pertains to this
item and the following item, both in the "contested" part of Solana. Should the
Council concur with the P&Z recommendation for approval (7-0), Allen
recommends that City Council note on the record that approval of these site plans
does not authorize any construction until adequate approvals have also been granted
by the Court or by the Town of Westlake. The attorney for Maguire Partners
concurs. This is in keeping with our agreement with Judge Davis. This should
keep all parties satisfied as to the intent of this application.
As to the merits of the application itself, there are no unresolved issues. Feel free
to contact me about any legal aspects of this process, or Dennis Killough regarding
any technical aspects of the review.
19.Agenda Item No. 7G. ZA 98-109, Revised Site Plan for Campus Circle Parking
Lot. There are also no unresolved issues related to this application. The applicant
revised their initial plan significantly in order to save existing tree groupings. The
Planning and Zoning Commission recommended approval 7-0. Feel free to contact
Dennis Killough should you have any questions about this application.
20.Agenda Item No. 7H. Ordinance No. 718, 2nd reading, Granting a license to
Metricom, Inc., for the installation of a wireless digital data communications radio
network within certain portions of City rights-of-way. As noted in the memo from
• Shana Yelverton, Metricom has agreed to modifythe agreementper the wishes g g of
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting October 20, 1998
• Page 9 of 30
Council as expressed during the Council briefing session and work session. She
describes the specifics in her memo. Metricom's representative, Jim Howerton,
will be present at the meeting to answer any questions you may have of him. Feel
free to contact Shana with questions about the agreement.
21.Agenda Item No. 7I. Ordinance No. 714, 2nd reading, Granting a franchise to
Millennium Telcom, L.L.C., for the provision of cable television service within the
city. Shana Yelverton, City Attorney Analeslie Muncy and Community Services
Director Kevin Hugman met with the Millennium representative on Monday to
discuss the specifics of the limited franchise agreement. During the course of that
meeting, Millennium proposed meeting the provisions of a franchise agreement our
attorneys had negotiated with another city. Staff reviewed these provisions with
• her, and the resulting agreement has been incorporated into the ordinance. As such,
the ordinance before you is not a limited franchise agreement. Essentially,
Millennium has met all of our requirements so no limitations or benchmark service
levels are needed.
Our attorneys are comfortable that the agreement before you meets two very
important objectives: 1) it provides for competition in Southlake's cable television
market, and 2) provides for similar franchise requirements between companies.
Questions about Millennium's agreement should be directed to Shana. Marcus
questions should go to Kevin.
As an aside, attached to my memo is an update from Kevin on the status of request
to transfer cable franchise from Marcus to Vulcan/Charter Communications.
22.Agenda Item No. 7J. Ordinance No. 715, 2nd reading, Granting a license to
• American Communications Services of Texas, Inc., for the installation of
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting October 20, 1998
Page 10 of 30
telecommunications equipment within certain portions of city rights-of-way. This
item is coming back to you because ACSI has expressed their need to move quickly
in order to continue the fiber installation process and we have not yet completed our
negotiation of a franchise agreement with them. As we have stated before, they will
not be able to provide telephone service within the City of Southlake until they have
a fully executed franchise agreement. Questions about this item should be directed
to Shana Yelverton.
23.Agenda Item No. 7K. Ordinance No. 719, 2nd reading, Amending Chapter 10,
Article III, Section 10-81, of the Southlake City Code, providing changes to
regulate food manager certification and food handler training. The City Council
approved the first reading of this item at the October 6 regular meeting. As you
111 recall, this amendment allows for the City of Southlake to adopt Tarrant County's
requirements for food manager certification and training for all individuals who
contact food during stocking, preparation or cooking. This will require all food
establishments to maintain current food handler certifications and maintain
compliance with the food handler requirements. This will allow Tarrant County to
ensure food establishments in the City of Southlake follow these important food
handling requirements, since they have no authority to adopt ordinances. •
The City of Southlake currently contracts with the Tarrant County Health
Department to provide inspections of food establishment for local restaurants. This
ordinance, if approved, will take regulations to a higher standard.
Please contact Public Safety Director Billy Campbell if you have questions
regarding this item.
•
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting October 20, 1998
• Page 11 of 30
24.Agenda Item No. 7L. Ordinance No. 723, 2nd reading, Amending Chapter 2,
Article V, Sections 2-216 through 2-223, of the Southlake City Code, relating to
Southlake Youth Advisory Commission, changing the name, relating to
appointments of the members, and relating to memberships. The memo from Kevin
Hugman outlines the changes to the ordinance. Similar to the changes to the Youth
Park Board Ordinance, these changes reflect the actual manner in which SYAC has
been operating for the past year. We had intended to make these changes following
the last school year, but as with other things, more pressing issues pushed this
project back.
In order to ensure the City Council remains updated on the SYAC activities, there
will be a summary of their events and community involvement in each memo under
S the "other items of interest" section. Also keep in mind, SYAC will continue to
provide the City Council an annual report to recap their yearly activities and inform
the City Council of their preliminary goals for the following year.
If you have any questions regarding SYAC or their activities, please feel free to
contact Community Services Coordinator Courtney Queen.
25.Agenda item No. 7M. Ordinance No. 716, 2nd reading, Establishing a Library
Board. This ordinance is very similar to the ordinance which established the Park
Board. The ordinance is self-explanatory, but the matrix provided by Community
Services Director Kevin Hugman summarizes the provisions and shows a
comparison of our ordinance to those of surveyed cities. Full copies of the
ordinances from the survey cities may be obtained from Kevin, and he can answer
any questions you may have about this item.
•
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting October 20, 1998
• Page 12 of 30
26. Agenda Item No. 7N. Ordinance No. 721, 2nd reading, Street name changes for
Rainbow Drive to Rainbow Street, and Windsor Drive to Chatham Court. The
request to change the street names from Rainbow Drive to Rainbow Street and
Windsor Drive to Chatham Court was submitted by Terra Companies. The street
name change for Rainbow Drive to Rainbow Street will allow for the naming
consistency in continuing the street from Phase I to Phase II of the Cambridge Place
Addition. Also, the street name of Windsor Drive is being changed because there is
another street in the City with a similar name. This change will eliminate the
possibility of confusion during emergency calls.
27. Agenda Item No. 8A. ZA 98-110, Revised Preliminary Plat of Sheltonwood.
Basically the recommendation for approval from the Planning and Zoning
fib Commission (7-0) included the same recommendations as the previous review of the
case. Although there was considerable discussion regarding the private gated street
component of the application, the motion for approval did not recommend a private
gated street. It did, however, allow for the construction as proposed without the
gate. Feel free to contact Dennis Killough should you have any questions about this
application.
28. Agenda Item 9A. Resolution No. 98-70, Amending the fee schedule. The City of
Southlake adopts a fee schedule on an annual basis to recover the actual costs
associated with providing some services. Each year the fee schedule is amended to
ensure the amounts charged for a variety of services and products provided by the
City are appropriate for the services provided. The amendments also allow us to
include fees for new services. The NCTCOG Annual Fee Survey of area cities is _ _
used as a guide to determine the reasonableness of fees.
•
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting October 20, 1998
• Page 13 of 30
The memo from Finance Director Lou Ann Heath clearly identifies the changes
from last year. If you have any questions regarding this item, please contact Lou
Ann.
29.Agenda Item No. 10A. Approval of a paint concept for the Miron elevated storage
tank. Bob Whitehead's memo summarizes our efforts to date in attempting to get a
recommendation from the neighborhood. As he notes, another meeting is scheduled
for Monday, although it's unlikely that a consensus will be reached. There are
many different ideas on the matter. Much of the discussion has focused on whether
we even need to place a water tower at that location -- some of the residents are
simply opposed to the tower, regardless of it's paint concept. We will brief you in
work session as to the neighborhood's recommendation, if one does come out of
11111 Monday night's meeting.
30. Agenda Item No. 10B. Authorization to advertise for bids for the grouting of
sanitary sewer pipe embedment and repair of concrete street pavement for Bent
Creek Drive, Bent Trail Drive, and Bent Trail Circle in Timarron Phase I. During
the October 6 meeting, the City Council authorized the advertisement for bids for
the repair of concrete streets on Creekway Bend. As you recall, this slurry grouting
treatment on Creekway Bend appears to have stopped any additional settling of the
pavement. As stipulated previously, the cost for this project was estimated at
$331,000, leaving only $165,986 in the project budget.
As indicated in the memo from Bob Whitehead, the total cost for repair of the
remaining sections is estimated at $635,000 if each portion of the project is bid
separately as recommended last year by the City Council.
•
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting October 20, 1998
• Page 14 of 30
The separation of the bids was recommended to ensure the reliability of the grouting
process. Since this has proven successful in the Creekway Bend portion, the City
Council may direct staff to move forward and bid the grouting and street
rehabilitation for Bent Creek Drive, Bent Trail Drive, and Bent Trail,Circle as a
single project. We believe this approach will reduce the estimated costs within a
range of $50,000 to $100,000. Staff is currently reviewing the CIP budget to
determine which project could be delayed until the next issuance of CIP bonds in
early 1999, in order to provide funds for this proposed (combined) project.
Questions about this item should be directed to Bob Whitehead.
31.Agenda Item No. 10C. Authorization to advertise for bids for the traffic signal at
F.M. 1709 and Central Avenue (Town Square). The provisions in the developer
• agreement for Town Square stipulates a cost sharing between the developer and the
City for the traffic signal at Southlake Boulevard and Central Avenue. The
agreement calls for a 50/50 split with the City not to exceed $40,000. The cost for
the traffic light will be paid for by TIF funds, as adopted in the TIF financing plan.
The design work is completed (paid by the developer) and we are now ready to
advertise for bids. As indicated in the memo from Ron Harper, the project needs to
be publicly bid because this project is outside the typical reimbursement agreement
as identified in the TIF plan (in which the City will reimburse 40% of the
infrastructure costs to the developer). Since the City is sharing the costs for the
traffic light (rather than a reimbursement to the developer), the City is responsible
for obtaining bids for the project.
We would like to advertise this project in conjunction with the traffic light at
• Southlake Boulevard and Commerce to take advantage of potential lower unit
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting October 20, 1998
• Page 15 of 30
pricing. The original estimate for this project was $80,000 to $90,000. The City
will possibly reduce the overall costs of the project by reusing some of the materials
from the existing traffic light at Carroll and Southlake Boulevard.
Please contact Ron Harper if you have any questions regarding this item.
32.Agenda Item 10D. Sign variance appeal for a monument sign for Crestwood Office
Building at 1100 E. Southlake Boulevard. The Crestwood Park Development placed
two requests regarding signage for the office building. The first request is a
variance to the sign ordinance for the sign already in place at their office building
located at the corner of Southlake Boulevard and Carroll Avenue (Ebby Halliday).
As stated in the memo from Public Safety Director Billy Campbell, the existing
monument sign was erected early this summer without a permit. The sign meets the
size and height requirements, but it does not meet the setback requirement with
placement only two feet north of the right-of-way. As a result, the sign is located
too close to the underground utilities with a sanitary sewer line less than five feet
away from the sign and an electrical line located between the sign and the sewer.
Approval of this sign variance would not waive any easement rights. Therefore,, if
the sign were damaged in the process of utility repairs, the City would not be
obligated to repair the sign.
The second request is to erect a wall sign, which is not defined in the Sign
Ordinance. This proposed wall sign will replace all the signage currently placed on
the building itself. The wall will be placed approximately fifteen feet south of the
building and be equal to the length of the building. The height of the wall will be
three feet high, except the sign panels which would project an additional one and
one-half foot higher.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting October 20, 1998
• Page 16 of 30
This wall sign will advertise the tenants located within the office building and the
existing sign will state the office building name and address. Please contact Public
Safety Director Billy Campbell if you have questions regarding this item.
Other Items of Interest
33.Park Board Activity Update. At its regular meeting Monday, October 12, the Park
Board considered and took action on the following items:
• Approved donation of Monticello Information Center -- The Board accepted the
donation of the information center from Mr. Terry Wilkinson, but asked the
Nature Center Committee to work with staff to find a suitable location and plan
for siting. (See item No. 34 below.)
• Approval of 5-year Parks Capital Improvements Plan -- The Board approved the
5-year CIP with some minor changes to the plan. CISD Board President Buddy
Luce also discussed the proposed natatorium/gymnastics facility that CISD
wants to build, and the potential of it being a joint use project. The Park Board
noted that funding already is programmed into the 5-year CIP for an aquatics
facility ($1.9 million) and a joint use gymnasium ($1.0 million). They were
interested in the possibility of contributing funding towards this type of joint use
project, but want to consider the item separately next month before
recommending to SPDC that this 2.9 million be re-designated towards a joint
use natatorium/gymnastics center.
•
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting October 20, 1998
41, Page 17 of 30
• Recommended Minimum Guidelines for Contract with Tennis Center
Coordinator -- The Board considered those guidelines that will be used, to
formulate a contract with a tennis center coordinator. (A copy of the
recommended guidelines, with the Board's changes underlined, is attached to
my memo.) Our intent is to solicit resumes through the Human Resources
Department, ask Northeast Tarrant Tennis (NETT) to review and select the top
5-6 resumes, and then have an interview team consisting of City Council, Park
Board members, and staff meet with these candidates. We will also ask the top
candidates to submit a business plan/RFP based on the guidelines. This will be
the basis for a contract that will ultimately be considered for approval by the
City Council.
It is our goal to be able to award a contract by mid-January 1999. To
accomplish this, we will begin advertising this week and require resumes be
submitted to the City by November 30. This will allow review and
recommendation by the Park Board at their January meeting, and approval by
City Council at your second meeting in January.
• Recommended Parks-related Schedule of Fees -- The Board reviewed staff's
recommended changes to Section IV of the Schedule of Fees and recommended
approval with no changes.
• Review of Park Dedication Fees -- The Board discussed forming a work group
to review the current park dedication fees. Board members Sherry Berman and
Dick Anderson volunteered to serve on this work group. The Park Board wants _
the work group to include two (2) members each from City Council
•
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting October 20, 1998
Page 18 of 30
(Councilmember Debra Edmondson has volunteered), Planning and Zoning
Commission, Park Board, and the development community.
If you have any further questions regarding these items or the Park Board's actions,
feel free to contact Director of Community Services Kevin Hugman.
34.Appointment of Nature Center Committee. There has been considerable discussion
involving a nature center at Bob Jones Park, and there has been an "unofficial"
committee consisting of various individuals at various times. However, the City
Council has not taken action to create such a committee. Given the magnitude of
what a nature center could become at Bob Jones Park, it is important that you move
quickly to appoint a committee to make recommendations on how to develop the
410 center.
There are several options that could be used in the makeup of such a committee.
One approach would include 2 Councilmembers, 2 Park Board members, 1 KSB
Director, and perhaps 1 representative from CISD and NWISD. It would be good
to have the science coordinator (or someone similar) from the schools, since
intermediate grade level students are required to have classes in outdoor
environmental education. (Currently, the Carroll kids go to Camp Carter in Ft.
Worth.)
Let us know, and we could put together a resolution for you to appoint a committee
by November 17.
35.Tree Farm Update. We have sent the required paperwork for the grant to the Texas
Forest Service and Mr. Johnston has been working with Park Planning and
• Construction Superintendent Ben Henry layout the site. Public
m'y Works will clean
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting October 20, 1998
• Page 19 of 30
out and expand a culvert on Shady Oaks to accommodate an entrance drive into the
tree farm site from Shady Oaks.
36. SYAC Activity Update. An update on SYAC's activities will be provided to you in
each memo to ensure the City Council remains informed. Membership is up to 95
and meeting attendance is growing as we include more activities to make sure that
everyone is included. The months of October and November are busy for SYAC
members.
The Youth in Government program is designed to familiarize youth in the
community with local government. Youth in Government meetings are held the
third Wednesday of every month. Recall that the Mayor and City Councilmembers
have been invited to the October 21 meeting to kick off this.year's program. The
meeting is scheduled to begin at 7:00 p.m. You have approximately 30-40 minutes
to explain the role of elected officials in representing the City. Meetings to follow
will include department directors as well as civic leaders from the community.
These initial meetings are essential to the success of the program by providing the
SYAC members with the information needed to participate in the mock city council
meeting.
The youth in government program not only allows SYAC to become familiar with
local government, but also state government. The annual trip to Austin is planned
again for next spring held in the spring.
Community service and volunteerism is a large aspect of SYAC.- Their calendar is
booked for the rest of this year as they participate in different service projects
benefiting area organizations and events. SYAC members will volunteer for the
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting October 20, 1998
Page 20 of 30
October 17th KSB Adopt-A-Street Litter Pick-Up. On October 24, they will
participate in Make-A-Difference Day at the Senior Activity Center working on the
landscaping and general "clean-up" of the building. Also on October 24, SYAC
members will participate in the Southlake Parks and Recreation Harvest Fest,
having enough participation to host four booths. On November 15, SYAC plans to
participate in Tinsel Time on Ice at the Tandy Center in Fort Worth to benefit the
Ronald McDonald House. Volunteers were needed to ice skate with kids, help
make Christmas presents, and dress up as Santa's elves. Twenty-five (25) SYAC
members volunteered, which will accommodate one entire shift of the project.
Adult escorts will be needed; it is anticipated that some parents will volunteer.
If you have any questions concerning SYAC's activities, please contact Community
11111 Services Coordinator Courtney Queen at extension 827. Please let her know
whether or not you can attend the October 21 meeting. Note this event is scheduled
at the same time as the El Fuerte dinner at LaCasa. Hopefully some of you can
attend both, since the times are not an exact overlap.
37.Town Hall Architectural Services Committee Meeting - The Architectural Services
Committee met on Tuesday to discuss how to proceed with selecting an architect to
design Town Hall. The committee consisted of Councilmember Ronnie Kendall,
Councilmember Scott Martin, Mayor Stacy, P&Z Commissioner F.C. LeVrier,
Ron Harper, Shelli Siemer, and myself. The discussion mostly centered on the
following topics:
• _ Costs for architectural services;
• Selection of architects;
11/
• Approaching this project on a fixed fee basis;
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting October 20, 1998
Page 21 of 30
• Use of a construction manager.
The committee directed staff to pursue discussions with David Schwarz Architects
at a fixed fee of approximately 10 percent, with Schwarz determining which
architectural firm to work with in order to keep the fees fixed. If Schwarz is
unable to stay within these parameters, the committee agreed to pursue discussions
with Urban Architecture to see if they can complete the scope of work at the fixed
fee rate.
The committee also discussed whether or not to hire an employee to act as
Construction Manager or hire an independent company to fulfill these duties. The
committee directed Ron Harper to pursue discussions with Beck to act as the
Construction Manager.
We will be bringing this item back to you for the November 17 meeting. We will
probably need to have at least one more meeting with the Committee prior to then.
38. CISD Request. Attached to this memo is a letter from Ted Gillum addressing some
of the school district's traffic related concerns surrounding their facilities. Bob
Whitehead met with Ted this morning to go over the CISD requests.
The first request asks the City to review whether or not stop signs are needed at the
intersection of Highland and Shady Oaks and the intersection of Highland and White
Chapel. Bob Whitehead asked our Traffic Engineers, Lee Engineering, to conduct
an engineering analysis to determine whether multi-way stop signs are warranted in .__
those locations.
•
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting October 20, 1998
•
Page 22 of 30
The second request regarding a school zone and reduction of the speed limit on
White's Chapel will be a decision the City Council will need to make. If the
Council desires, an Ordinance can be passed to reduce the speed limit to 30 miles
per hour along White's Chapel. At City Council's direction, staff has not planned
to place a school zone on White's Chapel. There are, however, future plans for a
traffic signal to be placed at White's Chapel and Ascot to allow students a crossing
point at a controlled intersection. Lee Engineering has been directed to also
determine whether a traffic signal is warranted at this intersection.
The final request regarding the crossing guards is something we can provide
assistance to the school district at the City Council's direction. In visiting with Ted
Gillum today, Bob was told that the school's main concern at this time is to have a
411 crossing guard at Ascot until the traffic signal is installed. There are some cities in
the area which hire crossing guards as part-time employees through the supervision
of the police departments. Some schools use volunteers to provide guidance to
children when crossing the street to get to and from school. The attached survey
shows how other cities participate in the staffing of school crossing guards.
If you have any questions regarding this request from the school district, please
contact Bob Whitehead.
39. Teen Court Conference. Metroport Teen Court is hosting the 1998 Texas Teen
Court Association Conference October 21-23 at the Harvey Hotel in Grapevine.
Valerie Bradley, Metroport Teen Court Coordinator, is chairperson of the
committee that is organizing the event. The three-day conference includes a variety
of informational sessions for starting and maintaining a successful teen court
program. A banquet and awards ceremony will be held the last evening featuring
•
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting October 20, 1998
• Page 23 of 30
guest speaker Senator Mike Moncrief. This conference will draw participants from
cities throughout the state and bring recognition to the Metroport Teen Court.
40.Crime Control Board Update. The Board met during its regular monthly meeting
on October 7. During that meeting, they made some critical decisions regarding
land acquisition which we plan to discuss with you during Executive Session on
Tuesday evening. As mentioned previously, Andy Wambsganss, President of the
Board, will be present to brief you on the Board's action.
41. Drainage Concerns. Councilmember Fawks notified staff last week that he had
received a call from Mrs. Dudas regarding drainage on her property after the big
rains we recently experienced. It was her opinion that some of the work done by
1111 the city to mitigate her problems had been compromised by. the construction going
on in Timarron. Angela Turner inspected the site and noted that while it appeared
some water may have breached the swale, she was not convinced that the "system"
had failed. Charlie Thomas agreed to observe the problem and visit with Mrs.
Dudas, however, he has been unable to reach her because she has been out of town.
Charlie will continue to attempt to contact her and will evaluate her situation.
Also note the attached memo from Deputy Director of Public Works Charlie
Thomas regarding Highland Addition drainage complaint involving Mike
Mediterraneo and Sam Burnitt.
42. DPS Complaint. Your packet contains a letter from an unhappy resident who was
- - stopped by Officer Wells for a-traffic violation. Note that this complaint has been
referred to internal affairs for review. You may know that the police fleet is
• outfitted with video cameras and the officers wear microphones to record their
•
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting October 20, 1998
• Page 24 of 30
interaction with the public, an invaluable tool for public safety management to
monitor the actions of the officers and to protect officers from unwarranted
complaints. We recently outfitted our motor officers with microphones for the
same purpose. As such, an audio recording of the exchange between the officer and
the complainant exists and will be used in the review.
43.Wal-Mart Update. Attached you will find a letter I sent to Arron Carter with Wal-
Mart concerning the fence he has constructed on the north west portion of the
property. Mr. Carter understands that he will be required to get Council approval
for the fence, as well as the storage containers he will want for Christmas layaways.
He knows he is constructing the fence at his own risk. Please let me know if you
have questions.
• The fence was somethinghe had agreed
g to do during our workgroup meeting with
him several months ago, and we were not able to follow-up simply because of time
constraints (City/Wal-Mart/Home Depot). He wanted to complete the fence so that
he could say he did what he promised to do. The containers are another matter, but
again, the delay is somewhat our fault. This points out the need to get our
ordinance amended so we can address each issue individually.
44.Private Streets - Follow-up. Given Council's direction at Tuesday.evening's special
meeting, staff is preparing a plan to address some of the streets in the short term.
Specifically, we are putting together a game plan for Michael Drive. This plan will
involve assessing the value generated by the potential new development in the area,
evaluating options for construction, and exploring our ability to initiate an
assessment paving program. We are also planning to pursue the dedication of the
right-of-way as soon as possible. With regard to other streets, our immediate plans
IIIare to (1) explore CDBG options for Our Lane, (2) accept the right-of-way
•
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting October 20, 1998
• Page 25 of 30
dedication, then rehabilitate Brown Lane, (3) reshape and lay gravel on Marantha
Way, and (4) reshape and lay gravel on Shumaker Lane. Over the next several
weeks, we will work to put together a formal plan for documenting planned efforts
for all of the private streets we have identified.
45.Parks Staffing Problem at In-line Hockey. Last Saturday, October 10, a problem
occurred due to an oversight on our part in scheduling staff for in-line hockey that
morning. As a result, equipment was not ready for the 9:00 a.m. game and by the
time we had someone there with the necessary equipment, the 9:00 a.m. game had
to be cancelled, and the 10:00 a.m. game started 45 minutes late. Director of
Community Services Kevin Hugman and Recreation Supervisor Kathy Schaeffer
have investigated the cause of to the delay in response.
• In short, the schedulingproblem occurred
because we did not verify that all events
were covered, only that all staff was assigned to work. Because of a special event
that night, all staff were scheduled, but we did not realize that hockey coverage was
missed. To prevent a reoccurrence of this problem, staff has developed an event
calendar and will cross-check that against personnel work schedules to verify all
events have staff coverage. In addition, we have updated our call-down lists and
provided marked keys for all Park facilities, including the equipment storage shed,
to Public Safety Communications and have taken steps to ensure that the recreation
specialist on weekend duty has the pool cellular telephone. If you have any further
questions regarding this incident, please call Kevin Hugman.
46.After School Program Update. As we told you previously, Durham
Elementary/Intermediate School Principal Mark Terry chose Medallion to run the
After School Program. At the time, we did not have any information regarding the
• details that were worked out between CISD and Medallion. Today, Kevin Hugman
Honorable Mayor. and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting October 20, 1998
• Page 26 of 30
and Kathy Schaeffer met with Medallion representatives to discuss details and issues
pertaining to a transfer of the ASP. Apparently Mr. Terry has communicated to
Medallion that they take over the program by November 1. Due to their licensing
requirements, the earliest they can take over is November 17. There is also an
issue regarding transportation of children from Rockenbaugh and Carroll
elementaries to Durham, but Medallion has assured us that they do not intend to
drop these children from the program. Unfortunately, there was some
miscommunication between them and Mr. Terry regarding this issue.
We are concerned, and Medallion is as well, that adequate notice and information
be given to the parents using our program before an actual transfer takes place. We
have agreed to a timeline that, if all goes well with their licensing process, will
allow Medallion to begin actual oversight of the program on November 30, 1998.
Hopefully, all of the other ancillary issues can be resolved by then as well, and
parents will be comfortable with the transition.
44. SPIN Update. The Residents' Planning and Zoning Academy has been rescheduled
for Thursday, November 10th in the City Council Chamber. The focus of this event
is on how the development process works and opportunities for citizen input in the
process.
A postal patron mailing is in process related to vacancies and the term expiration of
even numbered neighborhood Representatives. The majority of the representatives
are willing to be reappointed.
Three SPIN meetings are scheduled for the last week of the month. SPIN #8 will
hold a developer's meeting related to the Harris Methodist proposal on Monday,
• October 26. SPIN #15 will hear a residential development proposal on October
P
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting October 20, 1998
• Page 27 of 30
27th and SPIN #10, #9W and #14 will host a citywide meeting related to the
proposed redevelopment of the Food Lion store.
45. Senior Activity Center Update. The Senior Advisory Commission is already short
one alternate and Tom Ward will be moving next year. The City Secretary will be
advertising for commission members.
Bids are being sought for acoustical ceiling tile to help with the noise problem at the
Center. The horseshoe pit is complete and the shuffleboard area has been graded.
A joint landscape/beautification planting event with SYAC and KSB is planned for
Make a Difference Day.
Statistics for the first 5 months of operation reveal a total attendance at the Center
of 2115, which includes 219 volunteers.
46.Flu Shots. Flu shots will be provided at NO COST for all City employees and
Councilmembers on Wednesday, October 21 from 9:00 a.m. to noon in the
conference room at City Hall. If you would like to get a flu shot please contact
Director of Human Resources Lauren Safranek at ext. 836. Spouses and children
may receive flu shots at a cost of $7.00 per shot; payment to the City of Southlake
must be made at the time the shot is received.
47.United Way Kick-off Event. The City has planned its United Way.Kick-Off Event
for Friday, October 23 from noon to 2:00 p.m. in the Fire Bay at City Hall. The
theme of this year's event is a Fall Carnival, including a dunking booth, pie
throwing booth, hot-dogs, hamburgers, popcorn, clowns, auction, and much more.
• This event will also include a chili cook-off and bake-off for which we need judges.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting October 20, 1998
Page 28 of 30
In the past, Councilmembers have served as judges for these events, and we would
appreciate your assistance and participation again this year. If you would like to
judge, please contact Lauren Safranek at ext. 836. Judging will begin at 11:30
a.m., but we would like for you to stay for the fun (and judges eat free).
48.Letter to DFW Airport - Attached to my memo is a copy of a letter from George
Lockhart, President of the Stone Lakes Homeowners Association, to DFW Airport
expressing concern regarding increased air traffic over their subdivision. After
speaking with Mr. Lockhart this week, he stated that he received a response from
the Senior Noise Compliance Officer at DFW Airport. There has been an increase
in the number of flights at DFW Airport, but the percentage of flights flying over
Southlake has remained within the designated pro-rata level. Mr. Lockhart would
11111 like to pursue the options for decreasing the amount of flights flying over the City
of Southlake. The CityCouncil's s representative to the DFW Airport for the Noise
forum, Pamela Muller, will provide assistance to Mr. Lockhart through this
process.
49. Letter from Country Walk Homeowner's Association. In the letter, HOA Secretary
Jill Zanetti complained of parking on Village Green Drive. She mentioned that Bob
Whitehead had been contacted, but that no remedy had been addressed. Bob and I
both got the letter yesterday. The issue had not yet been brought to either of our
attention, but Sgt. Daniels and Street Superintendent Brad Payton had been working
on it. The signs were up by this morning. We will continue to monitor the
situation.
The most interesting portion of the letter is the last sentence in the next to last
paragraph before the closing. We will followup in writing on this matter.
•
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting October 20, 1998
• Page 29 of 30
50.Follow-up on matter with Timothy and Maureen Simmons on Byron Nelson, as it
pertains to the widening of the portion of the road in front of their house. We have
met with Mr. Simmons, and have had numerous telephone discussions. (My last
discussion with him was this evening.) The upshot is that Steve Yetts offered to
give enough gravel to provide them a turn-around on their property so they would
not have to back out on Byron Nelson, and to replace the wooden fence with a
wrought iron fence. They decided to decline the gravel, and are waiting until
Monday to let me know if they want the wrought iron fence. The telephone boxes
in the right-of-way by their drive will be removed within 30 days.
51. Economic Development Activities. Following are some recent activities from the
Economic Development staff. Feel free to contact Kate Barlow (ext. 776) or
Director Last (ext. 750) if you have questions or would like additional information.
•
• Recent articles on Southlake businesses. Attached are recent articles on two
Southlake businesses including InterActive Training Solutions which has
received prior coverage due to its fairly unique product and service.
Additionally, the Dallas Business Journal has published a Relocation Guide
which identifies the Metroplex's fastest growing cities (Southlake is number 3)
and the most active Metroplex residential communities (Timarron is number 7).
e 011
Staff Extension Numbers:
Barlow, Kate, Economic Development Specialist, ext. 776
Bloomberg, Chuck,'Plans Examiner, ext. 747
• Campbell, Billy, Director DPS, ext. 730
•
•
•
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
City Council Meeting October 20, 1998 •
Page 30 of 30
Carpenter, Chris, Planner, ext. 866
Gandy, Karen, Zoning Administrator, ext. 743
Harper, Ron, City Engineer, ext. 779
Hawk, Curtis E., ext. 701
Heath, Lou Ann, Director of Finance, ext. 716
Henry, Ben, Parks Planning and Construction Superintendent, ext. 824
Hugman, Kevin, Director of Community Services, ext. 757
Killough, Dennis, Senior Planner, ext. 787
Last, Greg, Community Development Director, ext. 750
LeGrand, Sandra, City Secretary, ext. 704
Jackson, Malcolm, DPS Administrative Coordinator, ext. 726
Queen, Courtney,.Community Services Coordinator, ext. 827
Safranek, Lauren, Director of Human Resources, ext. 836
Sarakaitis, Stefanie, Comprehensive Planner, ext. 753
Siemer, Shelli, Assistant to the City Manager, ext. 806
Thomas, Charlie, Deputy Director of Public Works, ext. 814
Wilson, Garland, Deputy Director Fire Services, ext. 735
Whitehead, Bob, Director of Public Works, ext. 740
• Whitehead, Nona, Community Services Coordinator, ext. 834
Yelverton, Shana, Assistant City Manager, ext. 705
M:\WD-FILES\CEH\MEETINGS\98-10-20.doc
•
City of Southlake,Texas.
MEMORANDUM
October 16, 1998
TO: Curtis E. Hawk, City Manager
FROM: Kevin Hugman, Director of Community Services
SUBJECT: Status of Transfer of Franchise from Marcus Cable to Vulcan/Charter• .
As you know, earlier this year, Paul G. Allen, a co-founder of Microsoft Corporation and
owner of Vulcan Cable, Inc., made a substantial investment in Marcus Cable Company. At
the time, supposedly the local management retained control of Marcus Cable, including Jeffrey
Marcus remaining as CEO._ On August 28, 1998, we received letters from Vulcan Cable and
Marcus Cable stating that Mr. Allen was assuming control of Marcus Cable. At the same
time, he has also. apparently purchased Charter Communications, the 11th largest cable
company in the. United States, based in St. Louis, Missouri. Marcus and Charter will be
combined under one management, and the local Marcus management, including Jeff Marcus,
are not part of this new management team. '
As required by FCC regulations, we received an FCC 394 "Application for Franchise
Authority Consent to Assignment or Transfer of Control of Cable Television Franchise." The
City has 120 days from date of receipt of the FCC 394. to act on this .application or it is
automatically transferred. Technically, this would be December 26, 1998, but for other
reasons discussed later in this memo, this date may actually be moved to January 31, 1999.
In considering the consent to transfer, Fort Worth has again taken the lead in this issue, as they
did in 1995 when Marcus Cable purchased Sammons Cable. At that time, area cities that were
. affected formed a consortium with Fort Worth to negotiate with Marcus the details of the new
franchise agreements. (We did not participate since Harron Cable was the primary cable
provider in Southlake and Sammons only served, approximately 30 households.) The
consortium hired attorneys Mr. John Pestle and Mr. Peter Armstrong of Varnum, Riddering,
Schmidt & Howlett to guide the cities through the process. They are recognized national
experts in the area of telecommunications law. .
The consortium is again using Mr.,Pestle and Mr. Armstrong as the attorneys in this process.
Our estimated share of the attorney's 'fees will be $2,281.78, based on the number of
subscribers in.Southlake. By participating in the consortium, Southlake's individual costs are
reduced, while also increasing our bargaining power with Vulcan Cable/Charter. A letter from
Varnum, Riddering and a copy of their standard agreement letter is included. To date, the
following cities have entered into an agreement with Varnum, Riddering as members of the
consortium: Fort Worth, Benbrook, Burleson, Crowley, .Denton, Duncanville, Hurst,
Kennedale, and Watauga. North Richland Hills will probably join as well.
•r
Curtis E. Hawk
Status of Transfer of Franchise from Marcus Cable to Vulcan/Charter
October 16, 1998
Page 2
I attended another meeting of the consortium today in Fort Worth. A conference call was
initiated with Mr. Pestle and Mr. Armstrong. The status of the transfer to date was discussed,
as well as the plan of action that should be undertaken by the consortium. Two weeks ago,
Fort Worth Mayor Kenneth Barr and his staff met with Mr. David Barford, CEO of Charter
Communications (and ostensibly of Marcus Cable): Mayor Barr expressed his dissatisfaction
with Marcus Cable and stated that if Fort Worth.were to consider the franchise transfer today,
he felt the City Council would disapprove the transfer and require Marcus Cable to find other
buyers. Mr. Barford offered to extend the 120-day timeframe to January 31, 1999, in order to.
make changes in customer service and demonstrate an improvement. Mr. Barford also
indicated that they would like to meet again with Fort Worth and the consortium cities around
the first part of November.
At this time, there has been no written offer to extend the deadline. In the opinion of Mr.
Pestle and Mr. Armstrong though, the 120 day timeframe has not yet begun due to:incomplete
FCC 394 data., They have filed letters with the attorneys for Charter regarding the incomplete
data, and requested additional data regarding Charter's operations and customer service record.
In any case, it is their opinion that the cities need to continue with the process as if December
26 were the deadline to act on the consent to transfer.
KH
rCONTRACTUAL GUIDELINES FOR TENNIS DIRECTOR
Agreement:
1. Contract entered into between City of Southlake and Contractor
2. Contractor agrees to adhere to all policies of the City applicable to contract employees.
3. Term of agreement for minimum of three (3) years
4. Automatic one year renewals unless either party gives 30 days written notice of intent to
terminate agreement.
Compensation:
1. City will retain 60-75% (negotiable) of all annual and daily court usage fees.
2. Contractor will retain all fees associated with private lessons, leagues, and camps.
3. Contractor will retain all profit from pro shop sales. .
4. Contractor will retain all profit and fees associated with child care provision and meeting
room rentals.
Fees:
1. Court Fees
• Annual Usage Fees -- Family / Individual / Junior (resident / non-resident)
• Hourly Usage Fee (resident / non-resident)
• 2. Meeting Room Fees
In accordance with City Schedule of Fees for meeting rooms.
Facility Availability:
1. Two (2) tennis courts scheduled for non-league play at all times, except during scheduled
tournaments.
2. No more than twelve (12) tournaments will be scheduled per year.
3. Hours of operation for pro shop to be at least:
March 1 - October 30 8:00 a.m. to no later than 10:00 p.m.
November 1 - February 28 9:00 a.m. to 5:00 p.m.
4. Child care facility open at least 9:00 a.m. to 12 noon Monday through Friday.
5. Meeting rooms available at least three nights per week from 6:00 p.m. to 9:00 p.m.
Ancillary Items:
1. Contractor will hire and provide compensation for staff necessary to meet the satisfactory
operation of the City's facility.
2. Minimum of$20,000 worth of merchandise on stock in pro shop.
3. Encourage stocking of items for in-line hockey and basketball.
• 4. Sub-leasing of child-care allowed, but Contractor retains responsibility for operation.
C:\TEMP\CONTRACTUAL GUIDELINES FOR TENNIS PRO.doc 1
rCONTRACTUAL GUIDELINES FOR TENNIS DIRECTOR
0 5. Maximum of 20 hours of private lessons to be provided by Contractor.
6. Daily maintenance and cleaning of facility is responsibility of Contractor.
7. General repairs and maintenance of facility will be responsibility of City.
8. Permanent fixtures to be supplied by City; other furnishings and computers to be negotiated
between City and Contractor.
Performance Monitoring:
•
1. Monthly reports will be submitted to the City documenting court usage, revenues and
expenditures.
2. Prior City approval is required for all publicity materials.
S
S
,.,
C:\TEMP\CONTRACTUAL GUIDELINES FOR TENNIS PRO.doc 2
City of Southlake
out= Administrative Offices
October 16, 1998
Mayor:
Rick Stacy
Dr. Ted Gillum
Mayor Pro Tern: Superintendent
W.Ralph Evans p
C.I.S.D.
Deputy Mayor Pro Tern: 1201 N. Carroll Ave.
Scott F.Martin
Southlake, Texas 76092
Councilmembers:
Wayne Moffat
Ronnie Kendall
Debra Edmondson Dear Dr. Gillum:
Gary Fawks
City Manager. Thank you for your letter of September 23 bringing to my attention
Curtis E.Hawk some safety concerns around our schools. Let me assure you that the City of
Assistant City Manager: Southlake is as concerned with safety as you are. The city is responding to
Shana K.Yelverton your requests in the following ways:
ecretary:
.a L.LeGrand 1. Stop Signs — To install stop signs, traffic warrants as given in the
Manual of Uniform Control Devices must be met. We have hired Lee
Engineering, a traffic consultant, to conduct the warrant analysis for
stop signs at the intersections of North White Chapel and Highland and
at Highland and Shady Oaks.
2. School Zone on North White Chapel — The city in the early discussion
with CISD personnel about the design of the school required that the
school not front on North White Chapel as a school zone is not planned
for North White Chapel. The City has planned to construct a signal
• with pedestrian crossing at Ascot and North White Chapel. The
warrant analysis for the installation is underway.
3. Speed Limit—Reducing the speed limit from 40 MPH to 30 MPH does
take an ordinance approved by City Council. Staff will be discussing
this with Council in a future meeting.
•
1725 East Southlake Blvd. • Southlake, Texas 76092
(817)481-5581 • FAX(817)488-6796
AN EQUAL OPPORTUNITY EMPLOYER'
I t�
4. Crossing Guards — Director Billy Campbell has been advised of your
request.
We are pleased to work with you on these requests and look forward to
arriving at some solution.
Sincerely,
Robert R. Whitehead, P.E.
Director, Public Works
RW/ts
CC: Curtis E. Hawk, City Manager
Billy Campbell, Director of Public Safety
S
CARROLL INDEPENDENT SCHOOL DIS1RICT
1201 N.CARROLL AVENUE • SOUTHLAKE,TEXAS 76092 • (817)481-5775
Ted Gillum,Ed.D. A Michael Murphy,Ed.D.
Supenntendent o4S o Assistant Superintendent for
Curriculum and Instruction
John H.Craft
o <
Assistant Superintendent of (Q, \:: Steve Johnson
Financial and Business Operations —s. Assistant Superintendent for Administrative Services
HEART of the GOLDEN TRIANGLE
September 23, 1998 �" �'D
Mr. Bob Whitehead
SEP Z $ 1998Public Works DEPL OF PU3LIC
City of Southlake
1950 E. Continental Blvd.
Southlake,Texas 76092
Dear Mr. Whitehead:
It is the utmost concern of the Carroll Independent School District to provide safety in our schools,
as well as, in the areas surrounding our schools. It has been brought to my attention by the Board
of Trustees and the community that there is a need for the following items:
1) Stop signs maybe needed at the intersection of Highland and Shady Oaks and the
intersection of Highland and White Chapel.
2) I am sure you have plans for a school zone on White Chapel when the Carroll Junior
High School is completed, however, on behalf of the Carroll Independent School
District, I request consideration be given to reducing the speed limit of 40 m.p.h. to
30 m.p.h. on White Chapel between Hwy. 114 and Southlake Blvd. which is not in
the school zone.
3) Crossing guards are needed in front of the schools to provide safe places for the
children to cross in traffic. The school district has advertised in newspapers for this
position to no avail. In the surrounding areas,the police departments have provided
assistance to the school district in this regard. If you have any suggestions to solve
this problem,I would greatly appreciate your help.
Thank you for your cooperation.
Sincerely,
Ted Gillum, Ed.D.
Superintendent
lei_
0
Survey Area Citit. : Crossing Guards
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:e*:,Kqt-t.' ';Xj,,TatT'l ,141-1.4m..2414Winn"len'.:'•: ' 'ti. , ' ,,. k:' ' , 0 :Arra,a.,t,:i,;,
iti.".,,,,,,„,„0.4whiG„-,,,„- „,,-.: -Rate4iepayz-40,6!!i" i ; T ,4. oi.-# s: ' - "--
Addison , schools (private) NA NA NA NA NA
Bedford
Colleyville city $5.83/hr part 7 guards-1 alternate 15 2.63
Coppell schools NA NA NA NA NA
-
Euless city $5.25-$6.00/hr part 10 guards-1 supervisor 15 4.13
Farmers Branch city $9.09/hr part 8 guards 15 3.00 _
Flower Mound city $9.00 /hr part 24 guards-5 alternates 15 9.00
Grapevine . city $10.00/hr part 12 guards 13 3.90
Hurst city $7.36/hr part 12 guards 15 4.50
Keller
North Richland Hills city $7.00/hr part 13 guards 15 4.88
' !•
, ! ,
, I .
City of Southlake,Texas
MEMORANDUM
October 15, 1998
To: Curtis E. Hawk, City Manager
From: Charlie Thomas, Deputy Director of Public Works
Subject: Highland Addition drainage complaint involving Mike Meditarraneo
and Sam Burnitt
As you will recall, for the past several years, there has been an on-going drainage
problem effecting the two above-mentioned property owners. Basically, the concern
was that Mr. Meditarraneo had filled in a swale in a public drainage easement along the
back of his lot, causing stormwater run-off to back up onto Mr. Burnitt's property and
leave standing water on Mr. Burnitt's property after a rain.
• After meeting with the property owners involved, I redesigned the grade for the swale
to return it as close to the original swale as possible. After showing the plan to the
effected property owners, I reviewed the plan with Brad Payton, Street Superintendent,
and Brad agreed that his crews could perform the necessary work to re-establish the
swale.
During the month of September, Brad's Street Department Crews did the re-grading
and re-sodding of the swale in the public drainage easement. In my opinion, they did
an excellent job. Telephone messages left by the property owners and telephone
conversations with some of the property owners indicate that the property owners were
satisfied with the work that the City did, as long as the drainage continues to perform
properly.
As far as I know, everything was done that could be reasonably done to correct this
drainage problem. We will monitor the drainage situation over the next few months to
assure that we do not have other problems with the drainage in this easement.
CT/ts
CC: Bob Whitehead
Brad Payton
Shana Yelverton
r .
.•
,.., _,.
. .
______A
el City of Southiake
Outhlak- Administrative Offices
October 13, 1998
via facsimile and regular mail
Mr. Arron Carter, Sales Manager
Mayor.
Rick Stacy Wal-Mart Stores Inc.
200 N. Kimball
Mayor ProTem: Southlake, Texas 76092
W.Ralph Evans
Deputy Mayor Pro Tern: Dear Mr. Carter:
Scott F.Martin
Counalmembers: Pursuant to our conversation yesterday afternoon, you will be permitted to
Wayne Moffat complete the storage fence at the rear of your property with the
Ronnie Kendall understandingthatyou do so at your own risk; you will need to submit an
Debra Edmondson
Gary Fawks application to the City Council for permission to complete the outside
City Manager storage as set out in the attached schematic you presented to me yesterday.
Curtis E.Hawk Should City Council deny your request for the fence, it will be removed at
your own expense.
Assistant City Manager:
Shana K.Yelverton
Additionally, you will be permitted to keep the storage containers until such
,ty secretary: time that the City Council will either approve or deny your request for their
oandra L. LeGrand placement. Ms. Gandy will contact you to assist you in submitting your
application.
As you are aware, the City has been working toward an amendment to the
outside storage provision of the zoning ordinance for some time. Hopefully,
we will soon be able to resolve the situation as it pertains to your outside
storage in particular and to the zoning ordinance requirements in general.
Your assistance and participation is appreciated.
Sincerely,
r
(ii
i
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Curtis E. wk
City Manager
cc: Raymond Blevins, Code_Enforcement Officer _ _ __ _ _
Billy Campbell, Director of Public Safety .
Karen Gandy, Zoning Administrator
Greg Last, Director of Community Development
0 Mayor and Members of City Council ,:
1725 East Southlake Blvd. • Southlake,Texas 76092
(817)481-5581 • FAX(817)329-1747
AN EQUAL OPPORTUNITY EMPLOYER'
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1003 Normandy Drive
Southlake,Texas 76092
September 30, 1998
Mr. Dick Linn •
Senior Noise Compliance Officer
P.O. Drawer 619428
DEW Airport,TX. 75261
Dear Mr. Linn;
'As President of the Stone Lakes neighborhood Homeowners Association, in Southlake,Texas, I would
like to bring an important matter to your attention.
Numerous residents in our community of 330 homes, some of whom are pilots, have reported to me that
there has been a marked increase in low flying air traffic over our area,which is bordered by Highway
1709, Whites Chapel Road,and Carroll High school. This particular departure routing poses safety and
noise pollution concerns.
• Safety-While aircraft engines are reliable, it is a proven statistic that a higher proportion of engine
failures occur at take-off and climbout power settings. The current low flying departure routing aims
the aircraft at our homes. families, churches and schools.
• Noise-Aircraft noise pollution has risen significantly at all hours of the day and night due to the
current departure routing. Although many of the aircraft are now turbo props, they will certainly be
replaced by turbo jets in the near future, which will increase our noise levels.
On behalf of the Stone Lakes community and the other surrounding developments, we propose a departure
that would increase the Southlake resident's safety and decrease our noise pollution.
"All aircraft taking off and.departing DFW RWY 31L maintain runway heading until DFW 7 DME(soon
to be ITT 7 DME) or greater prior to commencing turns to the west" (Please see attached schematic).
This routing will place the aircraft on a minimal residential impact routing over Highway 114,then north
over the Walmart parking lot prior to west-bound turns over the City of Southlake, its town center and its
residential neighborhoods.
•
We are prepared to solicit a petition in our neighborhoods and canvas our City Council if necessary,so
our concerns are addressed.
I look forward to hearing from you in the near future on this important matter. I can be reached at(817)
488-2134.
Sincerely,
>),/-r-L,AtZ4Z4.--
George D. Lockhart
President, Stone Lakes Homeowners Association
• cc: Debra Edmondson, Southlake City Council
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NEWS CLIPPING Source: The Business Press DATE: Week of October 9, 1998
III Southiaké company finds niche
alleviating work-based lawsuits
By AMANDA BRONSTAD seminars on harassment issues often lack the
THE BUSINESS PRESS impartiality that InterActive Training
Solutions offers.Few attorneys will recom-
nly four years have passed since mend another practicing attorney for training
InterActive Training Solutions because they fear they'll lose their own
opened its offices among the cows and clients,Fagan said.
grass on FM 1709 for work place investi- Dan Berce,chief financial officer of
gations. AmeriCredit Corp.,said he hired Interactive
Now the Tarrant County company and Training Solutions two months ago to
its industry have changed as dramatically 'provide sexual harassment training for an
as the town in which it is based.Poised organization of which he is a board member.
for revenue growth of 50 percent—the "They were recommended by a law firm
highest in the company's history— that was doing some human resources work
InterActive Training Solutions has delved for us,"Berce said."We found Interactive to
into an as-yet undiscovered niche: be a good solution because their staff are all
business-oriented training taught by non- attorneys and have significant experience in
practicing employment attorneys. human resources matters.I've worked with
"What sets us apart is our combined both human resources[groups]and attor-
employee relations with legal employment neys.I've found that attorneys are generally
practices,"said Pamela Fagan,president of more effective in delivering those training
S InterActive Training Solutions."Our programs because they've seen claims first-
- make us attractive.Now the hand."
Supreme Court has ruled that training on About one and a half years after incorpo- •
harassment is a defense in a lawsuit.In the rating,InterActive Training Solutions-moved
past,employers didn't spend money on to its current location at 1695 E.Southlake
preventative measures until they ran into a Blvd.Its revenues tripled in the first two
problem." years and in the last year grew 40 percent.
The company employs nine people,most
New territory of whom work out of their home.The largest
InterActive Training Solutions opened in service is sexual harassment training and
1994 in Irving with three attorneys who services,but the company also does consult-
decided,instead of practicing law,to offer ing,written programs,training services[both
services for employers caught in a lawsuit, classroom and one-on-one]and comprehen-
Fagan said. sive complaint investigations.
'There's not a lot of alternatives.You
, have expensive law firms or human resource Changing with the times
groups without strong legal backgrounds," Despite its name, InterActive Training
said Fagan.who was one of the three Solutions did not start out primarily in
attorneys."We thought we could provide training. Much of their business for the
something cheaper.And we wanted to do first two years was in comprehensive
something fun.It's like in the movie,`Field complaint investigations.
of Dreams':If we put the sign up there, When the Supreme Court passed several
they'll hire us." new rulings regarding sexual harassment,
Even attorneys who offer consulting or see LNTERACTIVE on page 34
40
INTERACTIVE from page 29
company's business changed dramati
the semployment issues include discrimination InterActive Training Solutions added a
ally.Among some of the most well-known based on race or age,as well as e-mail and web site about a year ago and has since
ecrees are two rulings:fast,that employers voice mail privacy. received nationwide
can use preventative training measures as a Now only 40 and some interna-
legitimate defense in a sexual harassment percent of "Employers are panicked.You're tional interest_That's
lawsuit;and second,that employers are held InterActive Training strictly and vicariously liable unless you why Fagan said she
liable in a lawsuit involving an employee Solution's business is can show an affirmative defense— a would like to place
and a supervisor. in training.Another an instructor in
40 percent is in reasonable measure to correct and Austin and New
"Employers are panicked,"Fagan said. investigations,and prevent. Before,if you did training,you York bythe end of
"You're strictly and vicariously liable b ,
unless you can show an affirmative defense the last 10 percent is were just a good person.Now its November.The only
—a reasonable measure to correct and a conglomerate of insurance to train people.Now comps- employee located
prevent. Before,if you did training,you 1 other services— nies budget for it because it's important right now outside the
were just a good person.Now it's insurance most prominently in down the road." Metroplex is in
to train people.Now companies budget for employment practice Colorado Springs,
it because it's important down the road." audits,manuals and Colo.
But the company does not deal strictly expert witnessing. Pameld Fagan In addition,
As a result,the InterActive Training Solutions InterActive Training
with sexual harassment cases.Other company is in the Solutions plans to
process of changing launch its first book,
its name to Employment Practices Solutions Real Solutions:Strategies and Tools to Rid
LLC. the Workplace of Harassment,Thursday,
"What we find is that when people see Oct. 15.
our business,they think of training,"she And in November,the company plans to
said."When they think interactive, they launch its first video on harassment
think of CD ROM.In trying to pick out a sensitivity training,Fagan said.
new name,we use solutions.But employ- "We have used videos that were custom-
• ment practices describes what we do.We're ized to the clients'needs,"she said."But we
employee practice insurance." didn't package and sell them."
R -:.''T.*-1r147,:,W*Y*P:-.*V.:." • ,
, ::,-;:,'i.7:,..;;;,::.:-•-,4 filati I '.-/':::''''',' - 4.2 i•-c,._
It x- 's;•M
f//Fttil ,w a "s o
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Preventing problems:Pamela Fagan has found the recent Supreme Court rulings on
sexual harassment a boon to her business, Employment Practices Solutions—formerly
• InterActive Training Solutions.
NEWS CLIPPING Source: Fort Worth Star-Telegram DATE: October 12, 1998
0focus oar:ENTREPRENEURS Focus y •
•
o lex "' 3 CF'� 'S.
p
From Page 1 B t 6`i '"
llamafarms - The government does not track s ;-X , �'the humpless cousins of camels,but ;� r; - '. 1
•
,, . , the market value of the llamas in the ' '
en + United States is at least $330 mil- ',
vil�®ygrow-t lion.That figure is based on a breed- _ ' • ,+ " -'
- ' 'er's catalog that lists the average �
BY BILL W.HORNADAY -price for its llama as about$2,200.a ", , "'
t;Y
Star-Telegram Staff Writer - About five years ago; U.S. ,`
Neither man nor beast reacts breeders discovered what South ,,, `"x ` ''': :'= ;
;: �k �.er..,
quite the same upon seeing the crea- American mountain dwellers have b,, -s, ,;:.,;,_4
tures in Bill and Sally Bacus' yard known for 5,000 years. £ , -
for the first time. "They are good pack animals • t � yY }i. y ja
"People ask if they're half don- and can climb any trail an Inca Indi-
key and half sheep. I had somebody an could. Instead of hooves, they Sur-Telegram/sr6waR1 F Housr ,
„ Sally Bacus hugs a llama in.,,er
ask how many eggs they lay,�too; � "Have padded feet, so they don't tear -,:�;;.,':
said Bill Bacus, who helps his wifeupUniversity Southlake pasture, where she_ind;
trails," Texas A&M �:� -
raise 23 llamas .. zoologist Jim Jensen said. her husband, Bill, raise 23 llamas._ ";
in Southlake. >Llamas—by "They produce wool,but only in ,
"Llamas spook the numbers. 88 America is it revered. Llamas also first male cost about $6,500," Sal-
horses. They eat native grass and resist most dis- ly Bacus said. "Now you can buy
think llamas are from outer space." eases,so there's not much upkeep." the same kind of llama for under ,
Llamas were little more than a 1 When the South Central Llama $3,000." 1
zoo curiosity in the United States 25 Because there are not yet
Ilk Association organized in 1988, it
years ago, when no more than'1,800 had six members, said Dolores enough llamas to support a wool
existed in North America. Today, ` Gardner of Daingerfield, the asso- market in the United States, most
there are about 150,000 llamas in the ciation's president.Today,the asso- herders make money breeding the
United States and at least 7,430 ciation's 250 breeders in Texas and animal, Sally Bacus said. Seivice
breeders, including about 35 in the
four other states feed a growing fees start at$500, and studs can be Metroplex, said International Lama demand for llamas,mostly as corn- valuable, she said. The Bacus' top
Association President Stanlynn
panion animals or pets. stud is worth about $19,000, and Daughterty. Unlike camels, llamas rarely Gardner's leading llama, part-
owned by
spit at humans,said Julia Konopka, the Kono Pkas,is insured
(More on FOCUS on Page 8B) who raises 24 llamas near Weather- for$75,000.
ford with her husband, Jack. Llamas are versatile. They help
,Despite Weighing up to 500 forestry crews on mountains,serve
pounds, most llamas have a gentle as golf caddies and guard sheep
demeanor,which is reflected by the against predators, although their.
perpetual smile they seem to wear. effectiveness is debated. .v=''`"-
"Birds don't love on you, and At her Weatherford farm,Laura
horses cost too much,"Sally Bacus Barksdale uses llamas for hiking
said. "Besides, their [llamas') big trips. "It's backpacking without
dark eyes are just gorgeous." carrying the pack. All you do is
Most llama farms have yet to lead the llama,"she said. ,
turn a profit, and llamas are regard- Although the llama craze-is
ed as secondary income, llama reminiscent of the recent run on
owners say. But as herds grow and emus and ostriches, Jensen said a
• prices drop,that may soon change. repeat is unlikely. Emus lay 50 to
' "When we bought our first 60 eggs at once;llamas take a year
female, we paid about$8,500. Our to gestate one offspring,he said. .
40
•
Even if herds keep vowing at 15
percent to 20 percent a year, low
heat tolerance should keep llamas
from replacing longhorn cattle as
Texas'bellwether beast,Jensen said.
"Heat stress may be the biggest
cause of llama deaths in Texas,"he
said. This will always make them
a small livestock population."
•
Llamas in the United States
By the numbers: •
Figures are based on the total number of llamas Top producing states:
Iregistered or listed with International Lama,Registry as 1.Oregon 13,100
of June 6,1998.These figures include some llamas '~ 2.California , 10,960
that have not been reported as deceased. 3.Washington 10,055
,�.000 : .121 411 4.Texas 6,624
. 105 635 5.Colorado 5,652
so� 76 111 90 677 ! 6. Ohio 4,926
63 706 7. Indiana 4,847
c°�00° 5 8. Montana e4,407
j mom6 143 9.Wisconsin 4,328
10.Michigan .3,594
° 1991 1992 1993 1994 1995 1996 1997 Source:International Lama Registry
Scar-Te!eg,am,Ttlt BEDISON
IPFr
. .
. .
FASTEST-GROWING
METROPLEI CITIES . .
. . , .. ...
RANKED BY PERCENT GROWTH FOR 1997-98
Growth Estimated
percent population Population
Rank City 1997-98 Jan-1,1998 Jan.1,1997 County .
1 Frisco 21% 23,050 19,050. - e Collin ,
2. Corinth 16.8% 7:X60 6,250 Denton
3. Southlake 14.2% 19,250 - 16,850 Tarrant
4. McKinney 13.3% 38.700 • 34.150 Collin
9. Flower Mound 12% 42.500 37,950 Denton
a
6. Lewlsville 10,9% 69,200 62,400 Denton
7. Keller 7.93% 22,450 20.800 Tarrant
8. Allen 7.9% 35,650 33,050 Collin
'
9. Trophy Club 7.77% . 5,550 5,150, Denton .
10. Addison 7.76% 11,800 10,950 Dallas
--_..._. ....-.. -,:r'':.._.-'-....Y77 . - auto-r_ur�„ss1.J v.o,.v ._nwaP.,. .<ar vws -
.... _..tx.:... .- -w.:-•..�..n � ., r.^..• '�'se.s+'rain'.
11. Argyle 7.5% 2,100 _ 2,000 , „ Denton
12. Wylie 7.4% 11.550 10,750 Collin
3,,• Prosper 7.1% • ' 1,500 1A00 Collin
tie, Murphy 7.1% 2.250 . 2.100 Collin
15. Glenn Heights 7% 6,150 5,750 Dallas
16. Lake Dallas 6.7% 5.550 5.200 Denton
17. Plano 6.5% 206,000 193,950 Collin
18. Mansfield 5.9% 23.400 22.100 Tarrant
19. Rowlett 5.31% 38,700 36,750 Dallas
20. Coppell 5.3% 29,000 27.550 Dallas
21. Double Oak 4.9% 2,150 2,050 Denton
22. Saginaw 4.7% 11.050 10.550 Tarrant
23. Cedar Hill 4.67% 28,000 26,750 Dallas
24. Richardson 4.4% 86,700 83.050 Dallas
25. Fairview 4,35% 2.600 2.500 Collin
Source:Nosh Central fens Coiny.1 of cowmmenrs'r998 Curren,Popularron bong Research by: Lacynda Hill
Get the Book of Lists on Diskr181111)486-3289 or download now at www.toplist.com Reprints of the list are also available by permission.
0
r
illo
Dallas Business Journal • October 2.8,1998•C9T
MOST-ACTIVE METROPLEX
m .
RESIDENTIAL COMMUNITIES_
•
RANKED BY NUMBER OF HOUSING STARTS'
Community
Rank Community name Starts Closings City Bullder(s)' Developer(s)' price range Amenities
1. Park Glen 408 386 Fon Worth Highland,David Weekley, Hillwood,Wilbow,Sheffield, S93,000-5223,000 Playgrounds,
Beazer,Ryland,Sovereign, Centex parks
Centex,Continental -
2. Stonebridge Ranch 367 301 McKinney Darling,Highland,Huntington,Pulle, Westbrook Communities, S121,0004999,000 Pool,golf,
Pierce,David'Neekley,Goodman, Grand,Pulte,Darling hike and bike trails
Sovereign,Drees,Grand,custom builders
3. Russell Creek 350 277 Plano Huntington.Drees,Beazer, Hillwood,Putte,Drees, $120,000-$320,000 Pool,playground
Standard Pacific Standard Pacific
4. Eldorado Heights 332 284 McKinney Lennar,Legacy,Engle, Intermandeco S112,000-$174,000 Pool,playground
D.R.Horton,Gehan
5. Bridlewood 261 284 Flower Mound Huntington.Landstar,Darling, Bridlewood Development 5205,0004486,000 Pool,golf
• Lakewood,Sovereign,
David Weekley,Howard .
6 Creek Crossing 240 276 Mesquite Highland,D R.Horton,Lennar, Highland,Warren Clark, $89,0004180,000 Na
Woodhaven,Castleridge Lennar,D.R,Horton
/ '7 Timarron 225 207 Southlake Drees,David Weekley,Pierce, Westbrook Communities $200,000-$700,000 Pool,golf
Conn-Anderson,custom builders
'-�' 8. Ridgevizw Ranch 222 207 Piano Centex,Ryland,Ashton Woods Centex,Ashton Woods S135,000-$260,000 Pool,golf
Ilk tie. Las HaciendasNista Del Sol 222 169 Dallas Las Haciendas Jeff Besse $79,000-$96,000 n/a
10 Spring Ridge 207 69 Plano Goodman,Lennar,Drees, Papagolos Development, $134,000-$293,000 Pool
Paul Taylor,Diamond Lennar
11. Wellington 185 143 Flower Mound Drees,Darling,Newmark,Highland, Paramount,Eastern $134,000-$309,000 Pool,fitness center,
Ashton Woods Development playground
12. Hidden Lakes ' 180 ' 131'"— ' Keller ' . Newmark,Drees.Mercedes,D,R.Horton,.Hanover,LIC,RCS a. 5170,000-$330,000 Pool,golf
Highland,Huntington,Sovereign,
Engle.Standard Pacific,Goodman
13. Teagarden Place 17B 183 Dallas Choice Homes ALM Properties S55,000-$86,000 Na
14. Summerfields 173 185 Fort Worth Choice,Coleman,Bill Feinmore, Cambridgge,Wayne Lee, $55,000-$130,000 Na
Dissmora,McBee ben Bolkman
15. Eldorado 161 145 McKinney Landstar,Toll Bros.,David Weekley, Balfour Development $120,000-$680,000 Golf
Goodman,MHI,custom builders
16. Plantation Resort 159 185 Frisco Centex,D.R.Horton Centex,SJD Development $102,000-$233.000 Pool,golf
17. Hillcrest Estates II 158 131 Frisco Diamond,Legacy,Mercedes Intermandeco $126,000-5183,000 Na
18 Twin Creeks 157 173 Allen Goodman,Darling,David Weekley, Twin Creek Development Co. St 37,000-$480.000 Pool,golf,
Highland,Huntington,custom builders athletic fields,
playground
19. Vista Ridge Estates 149 147 Lewisville Engle,Legacy Lumberman Investments $145,0004198,000 Pool,playground
tie. Forest Creek North 149 126 Plano Drees,Ashton Woods,Sovereign, Papagolos Development $229,000-$312,000 n/a
Avery Edwards
21. Oakmont 140 146 Corinth David Weekley,Beazer,Standard Pacific, Hillwood,H&K,Standard $130,000-$420,000 Golf
Howard,Sovereign,Mike Laves, Pacific
custom builders
22. High Pointe 138 133 Cedar Hill US Homes,First Texas,Choice Various $79,0004140,000 Na
23. Indian Creek Ranch _ 131 153 Carrollton US Home US Home,Track K Indian $136,000-$196,000 Pool,playground'
Creek L.L.C.
• 24. Lakes of Springfield 118 129 Rowlett Highland Highland,Shaddock $112.0004190,000 Na
25. Valley Ranch 116 202 Irving Grand,Lennar,Sovereign,Mercedes, Various '' S120,000-5244,000 Na
Goodman,Pnnceton,Cambridge, '
First Texas
i.i•gurus me•.r ce rise uuanerai 1997 through the sewnu Creole,of rise.
2.:7,ne9cr,•.,r'Or r.e„i uuiusive. Research by: Lacynda Hill
isource:Air,e.nun'.ieiio:Siuo/Corp. NEXT WEEK'S LISTS:Corporate relocation companies and fastest-growing cities
.,, Get the Book of Lists on Risk:Isttu)4s0-t2t4%t'rdownlo d now at vww.topiist.com Reprints of the list are also available hy-permisssion. ,
r
iiiii„
•
PAGE 22 THE BUSINESS PRESS WEEK OF OCTOBER 9,1998
Largest Northeast Tarrant Employers
Ranked by number of full-time Northeast Tarrant employees
No.of full-time Northeast Tarrant County Headquarters/ -
Tarrant County/national monthly payroll/ Top local Personnel year N f
Rank Nair.,address,phone,lax,e-mail/web site employees annual revenue' executive director established business Company benefits
Birdrilie ISO ' , ` Life,dental,medical,sick leave;
1 6115 E.Belknap,Haltom City 76117 2,452/Na 66.3 million/ 'Or.Bob Griggs. Sue Martin Haltom City/ I PubliceducatIon retknment plan,holidays.
831.5700,fax 838-7261 5111.87 million superintendent 1855 vacation,
web site www.birdville,kl2.tx.us credit union
Hurst-Euless-Bedford lSD - On Ronald Trisha Goode,
1849 Central Drive,Bedford 76022 $6.5 million/ direttar of .Ufa,medical and dental Insurance,
2' 183 4461,fax 354-3311 2,350/viler Calou, Bedlord/1958 Public education sick leave,retirement
web site www.heb.isd.trent.edu/ 592.8 million superintendent personnel
Keller ISD Public education • .
r3. 304 Lorine St.,Keller 16I48 2,000/0/a ' DND Charles R. .Linde Martin Koller/1918 for residents 5.21 DND
337-)2te fax kvller61 8dbn years of age
•
web site www.kellerisd.net ,_- ,
.. - .. J ., .. • _,
Dr.
Graperine•Collnyrille ISD Dr.Jim Hood-Handiry,
4. 3051 Ira E,Woods Are.,Grapevine 76051 1,671/n/a DND Thompson. aaev a GrapevineJDNO Public education DND
Ogg-site fai 421-6807
web site www.gcisd•k12.org superintendent superintendent for
human resources
Reltec -
5J 2100 Reliance Parkway,Bedford 76021 1,056/5,900 DNO ONO DND Cleveland,Ohio/ iOt' ONE
267.3141,fix S40-9729 1966 manufacturing of
' access products .
Harris Methodist NEB Bonnie Bell,
1600 Hospital Pvkway,Bedford 76022 $3.16 million/ vice president of Fort Worth/ Fud-serace hospital END
6. d85-4000,fax 685-4890 I,01 J n/a DND Jack McCabe people and 1973
web site www.hmhs.com culture
Carroll ISO $ttsseJohrtiari,
41201 N.Carroll Ave.,Southlake 76092 $2 milllorJ530 Dr.Ted Cdllum, ataotartt
1011 r
7. 481.5775,fax 421.0810 700/viler million dupe loran 1em P °f SouthlakelDND Public education END
... -
web site www.southlakecarrolLedu
- and admWmadond
North Hills Hospital s
4401 Booth Calloway Road, Full-service
8. North Richland Hills 76180 625/da NA Randy Moresi NA DND/196I medical/surgical NA
590-1000,fax 284.4817 hospital .
web site www.columbia.net
City of Grapevines •
9. P0.Bo:95104,Graperine 76051 - Roger Nelson, Municipal
S40/rJa NA NA Grapevine/NA I NA
;t0-315S,fa:410-J012 city manage - I government
e-mall thardy@spindle.net ',
1
Sayler Meal at Graperine Mark Hood,10. 1650 Wr.Colledicge,Center Grapevine76051 516/via DND executive Donna O'Shea Dallas/1981 I Healthcare END
481-1588,fax 481-1962,web site www.bhcs.com director
City of North Richland Hills s ' Larry North Richland Municipal
1-1. 7301 N.E.Loop 820,North Richland Hills'76180 448/nix NA Cunningham, , NA Hills/NA governmentNA
581.5500,lax 656.7539 dry manager
web site www,ci,north-richland•hllls.m.us
City of Euless' Torn Hart, Municipal
12. 201 H.Ector,Euless 76039 406/Na NA city manager NA Euless/NA government NA
685-1420,fax 685.1416,web site www.euless.com
South Star Logistics Inc. -Sheya L. Warehouse Medial,dental,vision,life,401k.
13. 100%roger Drive,Keller 76248 - 365/DND DND Rick Cox-- HamiltonDND/1998 distribution canter vacation.hdldays
337.2100,fax 337-2101
City of Hurst e
1 ISOS Precinct Line Read,Hunt 76054 Allan Weegar• Bedford/NA Municipal
788.7000,lax 788-7009 .99/der nip' city manager NA government NA
web site www.rampages.onramp.net/—hurst
•
Vacation,sick holiday City of Haltom City pay
15. 5014 Broadway,Haltom City 76117 24Bn n/a 5571,912/ Bill Eisen,dry -Mark Hull cry/Haltom ry/ Municipal retirement benefits;medical.
222-7700,fax 514.7237 $26.54 million manager government dental,life insurance;longevity
1944 insurance;wsh site www.d.haltom•dry.t:.w ' ' pay;Incentive pay
City of BedfordLife,medical and dental insurance,
c 1000 Forest Ridge Drive,Bedford 76021 $824,317434.7 Beverly Queen, disability and retirement benefits..
1 6. 951-1100,!era 951.2454 240/Na million Susan Thorpe administrative - Local government deferred compensation.longevity
•
web site www.N,bedford.tx.us
services manager Bedford/0ND pay,educational uicentnes,
holidays,vacation,sick leave
411, Walker Building Corp.'and Subsidivlu $800General contractors.
17. 3733 Flory St.,Fort Worth 76100 239/nh '�/ Joe Walker Bob Walker � stbn 401k hospital and medical
$ag m811on North Rkhhrid end rvrdgteng. Insurance,vacation
595-1121,fax 264.9774 - Hills/1964 rycdnig - _ -
City of fouthlxke
18. 667 N.Carroll Are.,Southlaka 76091 I85/n!a $445,042/ Curtis E.Hawk,Lauren Safranek Sou[hlake)1956 M°o1a1pa1 Medical,dental,retirement plan
�7 401•SSBI,faa329-1747 $2S.90 million city manager i government
web site www.cl.southlake.ts.us -
NOTES:Although merry employers were contacted,only those responding to the survey and Mose providing -
relevant information for earlier 1998 lists lave been Included. Source The employer[
—Anal revenue far most rams four quarters'—OW-not respond to survey;information taken from list Nasaarchar.'Meru E.Rowe
pravwusw pubesnxd in 1990 try the Buunes..Plea
'- - I.1...r ,.,a •1a ,or.v.1.114, ,. .,, Timis-nla '
•
URGENT NOTICE
TO DOVE RESIDENTS
The following information can and will significantly
affect the quality of living for Dove residents. Please
read the following carefully and I urge you to respond
ASAP!
Were you aware ? ? ?
1. The City of Southlake is negotiating to place their
• enlarged DPS headquarters (both fire station and
police departments) on the Northeast corner of Dove
and Whites Chapel?
2. The City of Southlake will be claiming an easement
(Fall '98) on all Dove properties on the south side
along Dove Rd. This easement will be to upgrade
the water pipes from 6" to 12" diameter. Measure 47'
from the center of Dove Rd. and that is the proposed
placement of this pipe. Why you may ask, 47 foot.
On Southlakes' master plan dated 3/4/97, Dove Rd.
is shown as being a 5 lane highway comprable to
Dove Rd east of Kimball. Therefore the placement of
this pipe is to accomodate that road expansion for
the future.
I am a resident of Dove Rd. and have recently accepted to be the
• liason for SPIN for our neighborhood. While a number of other
developments are in process, the two mentioned above I consider as
posing the most immediate threat to the residents of Dove Rd.
•
After attending a recent meeting that addressed these.proposed developments, I
understand the city is in the negotiation process for the land purchase at Dove
and Whites Chapel (approx 32-35 acres). My family and I are against the
placement of these facilities on Dove Rd. for a number of reasons, a few are
outlined below;
1. Siren noise throughout day and evenings
2. Increased non-residential traffic - adding risk to the many
children residing in the immediate area.
3. Substantial property devaluation (up to 40%) with such a
facility in the immediate area.
4. Inconsistent land use and neighborhood esthdetics.
These objections are only a few and concentrate only on item #1." After careful
thought, I am not willing to accept these developments without making my voice
heard. I am.asking each of you to do the same. Help preserve our
neighborhood and encourage consistent land use for residential development. I
feel even stronger knowing the city has stated they have other placement options
for their headquarters.
• . -
Time is of the essence on item #1, if we are going to make a difference. Please
would you consider signing a petition that will go to the city council voicing our
communities general objection to the proposed DPS site. It was suggested that
in addition to the petition, each family should attach a letter addressing city
officials with the specific concerns and objections.
My name is Cindy Campbell and I live at 265 E. Dove Rd. I urge you to become
involved, please take a moment and write a letter detailing your families opinion
on the matter and let's be heard both as individual families and a neighborhood.
note: On item #2, the Dove Rd. expansion needs our petition as well however it
will need to include all of Dove Rd. residents from Kimball to White's Chapel
along with several SPIN liaisons working.together. For our neighborhood, item
#1 should be priority as negotiations are in process as we speak. ,
If you should wish to share your concerns or add input to the petition, please
don't hesitate to contact me at 817-421-5774.
cc: Spin 5 Rep. - -
•
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�Y'' \`v� PAM MANNING
..4
REALTOR'
' •
' . Prudential
�" Texas Properties
• .
4717 Coffeyville Blvd
ColleMetro(8le.TX 76034
y Metro{817)268-5000 _,A�•rr,g,
Voice Mail(817)667-6962 ar• .
421-3466
Res.(817) ►I Jy�
Fax 817498 4k:44,
0Each Company Independently Owned and Operated.
411
•"� °
40
Upcoming Meetings & Events
October 18 - November 7
SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY
October 18 October 19 October 20 October 21 October 22 October 23 October 24
11:30 AM- 1:30 PM 7:00 PM City Council I 9:00 AM- 12:00 6:00 PM Teen Court 12:00 PM-3:00 PM 6:00 PM-10:00 PM
City Council Briefing Meeting at Council Ilit PM Flu Shots at Banquet/Conference City of Southlake Em- Harvest Fest and
7:00 PM Historical Chambers City Hall at Harvey Hotel ployee United Way Carnival at Bicenten-
Society Meeting at 7:00 PM SYAC at Com- 7:00 PM P&Z Meeting Kick-Off nial Park
Lodge munity Center at Council Chambers Make a Difference
Day
October 25 October 26 October 27 October 28 October 29 October 30 October 31
''' )11\ 11:30 AM Chamber PACKET DAY
Luncheon at Solana ° �
Marriott
Day Light Savings 6:00 PM SPDC at Coun- Halloween
Time Ends cil Chambers
CEH at TML Conference in San Antonio 1
November 1 November 2 November 3 November 4 November 5 November 6 November 7
11:30 AM- 1:30 PM 7:00 PM City Council 7:00 PM Crime Control 5:00 PM City of Westlake/Southlake
City Council Briefing Meeting at Council Meeting at Council Southlake Empl- Hearing Scheduled
�� eeting Chambers Chambers oyee Trash-Off ,
at Community Center 7:00 PM SYAC at Corn- 7:00 PM P&Z Meeting
munity Center at Council Chambers
September October ° ' November December
SMTWT F S SMTWT F S SMTWT F S SMTWT F S
1 " 2 3 4 5 1 2 3 1 2 3 4 5 6 -7 1 2 3 • 4 5
6 7 8 9 10 11 12 4 5 6 7 8 9 10 8 9 10 11 12 13 14 6 7 8 9 10 11 12
13 14 15 16 17 18 19 11 12 13 14 15 16 17 15 16 17 18 19 20 21 13 14 15 16 17 18 19
20 21 22 23 24 25 26 18 19 20 21 22 23 24 22 23 24 25 26 27 28 20 21 22 23 24 25 26
27 28 29 30 25 26 27 28 29 30 31 29 30 27 28 29 30 31
-.--- ---- - 1 -
Printed by Calendar Creator Plus on 10/16/98
COUNTRY WALK HOMEOWNERS' ASSOCIATION
/ October 11, 1998
1111 Sent via Certified, Return Receipt Requested O ,, T [1WIL)
Mayor Rick Stacy �r�n
City of Southlake U V 15
667 N. Carroll Avenue
Southlake,Texas 76092 OFFICE OF CITY
SECRETARY
RE: URGENT AND CRITICAL SITUATION
Koalaty Park Parking on Village Green Drive
Country Walk Homeowners' Association is formally alerting the City of Southlake of a critical and
urgent situation regarding parking on Village Green Drive by patrons of Koalaty Park. An immediate
remedy is necessary before a tragedy occurs.
Village Green Drive is the only entrance to the Country Walk development and patrons of Koalaty Park
are parking on both sides of Village Green Drive(often near the intersections and away from the
curb). This causes two potentially fatal problems: emergency vehicles could not navigate Village
Green Drive in the event of an emergency in our development and anyone walking between the
parked cars can not be seen when driving on Village Green. Village Green Drive is most frequently
affected on Monday,Tuesday and Thursday between 5 and 8 PM and some Saturday mornings.
• Cars are parking on both sides of Village Green making it difficult for family cars to drive through,
impossible for emergency vehicles - the hazard was emphasized to Country Walk recently when
emergency vehicles responded promptly to a grass fire when our entrance roads were clear. Many
homes would have been affected had any delay occurred.
S
Children step between parked cars onto Village Green. Many close calls have already occurred
most recently with a two year old: Our resident was driving slowly, anticipating what did happen.
He was visibly shaken because he is sure a tragedy was adverted only because a parent caught
the child at the last moment. Next time may not be so lucky! We've had several such near misses
and this is unfair to our residents being forced into potential tragedy by just driving home!
Many of our residents have contacted City of Southlake departments including Sergeant Daniels,
Public Safety Adm. and Bob Whitehead, Street Dept. explaining the hazards but no remedy is being
addressed. We are often sent back and forth.
The parking situation alone is critical but also many of these vehicles are driving erratically:(stopping
in the street, children jumping out and running across Village Green Drive, making u-turns without
warning, etc.) and driving at excessive speeds.
The immediate remedy would be No Parking" signs placed on each side of Village-Green and the curb
painted for no parking. We would then like to begin the process of obtaining speed bumps and stop
signs and/or permission to gate our community.
Thank you for your attention to this matter.
Sincerely, •�/ COPY
CO RY WALK HOMEOWNERS' ASSOCIATION — "
-tu all
4
•
• etti, A Secretary
onq 81 - 32 631; 1906 Cresson Drive; Southlake, Texas 76092
ri;
GENERAL FUND
Statement of Revenues,Expenditures and Changes in Fund Balance
for the period ended September 30, 1998
with comparative actual amounts for the period ended September 30, 1997
(fiscal month 12- 100.00%)
(Unaudited) Revised Percent Actual Percent
Month Year to Date 1997/98 Collected/ Year to Date Total Collected/
REVENUES 9/30/98 1997/98 Budget Expended 9/30/97 9/30/97 Expended
Ad Valorem Taxes $13.727 $3,971,720 $3,996,234 99.4% $3,464,261 $3,464,261 100.0%
Sales Tax 424,295 2,521,965 2,629,500 95.9% 1,930,016 1,930,016 100.0%
Franchise Fees 53,650 881,066 877,254 100.4% 939,599 939,599 100.0%
Fines 62,606 663,528 647,590 102.5% 509,328 509,328 100.0%
Charges for Services 19,202 535,675 574,559 93.2% 354,555 354,555 100.0%
Permits/Fees 150.957 2,707,616 2,979.379 90.9% 2,525,797 2.525,797 100.0%
Miscellaneous 30.711 265,664 166,190 159.9% 130,203 130,203 100.0%
Interest Income ' Q 162.799 160.389 101.5% 185.630 185.630 100.0%
Total Revenues $755,148 $11,710,033 $12,031,095 97.3% $10,039,389 $10,039,389 100.0%
EXPENDITURES
City Secretary $15,410 $217,038 $218,209 99.5% $242,575 $242,575 100.0%
Human Resources - • 29,483 224,821 212,659 105.7% 144,948 144,948 100.0%
City Manager 9,960 312,240 351,342 88.9% 499,939 499,939 100.0%
Support Services 121,340 1,402,348 1,508,017 93.0% 1,497,945 1,497,945 100.0%
Community Services 29.372 299.479 335.868 89.2% Q Q 0.0%
subtotal-General Govt.Dept. 205.565 2.455.926 2.626.095 93.5% 2.385.407 2.385.407 100.0%
Finance 16,188 372,163 412,292 90.3% 418,017 418,017 100.0%
Municipal Court 25,214 254,712 292,026 87.2% 253,010 253,010 100.0%
Municipal Court-Teen Court 10.328 58.787 61.618 95.4% 48.370 48.370 100.0%
subtotal-Finance Dept. 51.730 685.662 765.936 89.5% 719.397 719.397 100.0%
Fire 259.233 1,736,007 1,771,871 98.0% 1,460,111 1,460,111 100.0%
Police 297,768 2,772,489 2,814,659 98.5% 2,242,915 2,242,915 100.0%
Public Safety Support 84.566 977.458 1.002.986 97.5% 975.419 975.419 100.0%
subtotal-Public Safety Dept. 641.567 5.485,954 5.589.516 98.1% 4.678.445 4.678.445 100.0%
�4uilding Inspection 69,265 550,585 614,958 89.5% 474,511 474,511 100.0%
reets/Drainage 55.562 802,237 933,756 85.9% • 903,988 690.198 100.0%
blic Works Administration 84.686 799.079 788.745 101.3% 690,191 690.191 100.0%
subtotal-Public Works Dept. 209.513 2.151.901 2.337.459 92.1% 2.068.690 2.068.690 100.0%
Parks and Recreation Dept. 88.483 1.124.074 1.180.017 95.3% 1.013.013 1.013.013 100.0%
Community Development 36,617 475,858 526,171 90.4% 463,551 463,551 100.0%
Economic Development 14.486 114.511 124.869 91.7% 90.319 90.319 100.0%
subtotal-Community Development 51.103 590.369 651.040 90.7% 553.870 553.870 100.0%
Total Expenditures $l.247.961, $12.493.886 $13.150.063 95.0% $11.418.822 $11,418.822 100.0%
Excess(deficiency)of
Revenue over Expenditures ($492,813) ($783,853) ($1,118,968) ($1,379,433) ($1,379,433)
OTHER FINANCING
SOURCES AND(USES)
Proceeds from C.O.Sale(net) $0 $715,547 $715,547 $842,184 $990,382
Tranfer Out-Other Funds - (38,000) (38,000) - -
Transfer In-Other Funds 58.333 700.000 700.000 Q 633.000
Total Other Sources/(Uses) $58,333 $1,377,547 $1,377,547 $842,184 $1,623,382
Excess(deficiency)of
Revenues/other sources over Exp. (S434.4801 $593.694 $258.579 ($537.249) $243.949
FUND BALANCE OCT 1 $2,597,602 $2,597,602 $2,353,653 $2,353,653
ENDING FUND BALANCE $3.191.296 $2.856.181 $1.816.404 $2.597,602
fund balance percentage - 21.7% 22.7%
Fiscal year end accounts payable accruals have not been recorded.
•
0
WATER AND SEWER ENTERPRISE FUND
Comparative Statement of Revenues and Expenses
for the period ended September 30, 1998,and September 30, 1997
(fiscal month 12- 100.00%)
III
(Unaudited) Revised Percent Actual Percent
Month Year to Date 1997/98 Collected/ Year to Date Total Collected/
REVENUES 9/30/9$ 1997/98 Budget Expended 9/30/98 9/30/97 Expended
Water Sales-residential $869,818 S6,111,126 S5,800,000 105.4% $4,425,797 $4,425,797 100.0%
Water Sales-commercial 62,162 846,277 895,000 94.6% 657,807 657,807 100.0%
Sewer Sales 104,456 1,037,099 1,000,000 103.7% 811,624 811,624 100.0%
Sanitation Sales 47,222 626,983 568,182 110.3% 508,224 508,224 100.0%
Other utility charges 27,895 409,583 471,025 87.0% 409,950 409,950 100.0%
Miscellaneous 12,289 56,752 68,300 83.1% 92,063 92,063 100.0%
Interest Income Q 75.367 77.000 97.9% 77.196 77.196 100.0%
Total Revenues S1,123,842 $9,163,187 $8,879,507 103.2% $6,982,661 $6,982,661 100.0%
EXPENSES
Water* 5904,825 $3,721,937 $4,864,771 - 76.5% $3,971,926 $3,971,926 100.0%
Sewer 31,249 667,946 646,974 103.2% 727,546 727,546 100.0%
Sanitation 43,049 452,620 500,000 90.5% 445,205 445,205 100.0%
Debt Service-
Revenue Bonds Q 1.943.553 1.979.213 98.2% 1.817.529 1.817.529 100.0%
Total Expenses $979,123 $6,786,056 $7,990,958 84.9% $6,962,206 $6,962,206 100.0%
Excess(deficiency)of
Revenue over Expenses $144.719 $2,377.131 $888.549 $20.455 $20.455
OTHER FINANCING
SOURCES AND(USES)
Transfer In-Other Funds $69.512 5834,145 $834,145 $698,170 $698,170
Transfer Out-Other Funds (700.000) (700.000) (633.000) 1633.000)
Total Other Sources/(Uses) $11,179 $134,145 $134,145 $65,170 $65,170
(deficiency)of .
venues and other sources
7cess
er Expenses 5155.898 52.511.276 51.022.694 $85.625 585.625
ort Worth water bill for September 1998 not included; not received as of 10/16/98
cal year end accounts payable accruals have not been recorded.
S . .
-a
CITY OF SOUTHLAKE
HISTORICAL SALES TAX REVENUES
• Revised .
1997-98 collected budget balance
budget 10 date balance percent
$2.627.000 $2.521.857 $105.143 4.00%
FISCAL FISCAL FISCAL FISCAL FISCAL
YEAR %Inc YEAR %Inc YEAR %Inc YEAR %Inc YEAR %Inc
MONTH 93/94 -Dec 94/95 -Dec 95/96 -Dec 96-97 -Dec 97-98 -Dec
October $99,408 95.1% $89,951 -9.5% $128,689 43.1% $161,892 25.8% $237,164 46.5%
November 50,623 20.2% 52,099 2.9% 111,917 114.8% 135,367 21.0% 193,664 43.1%
December 70,155 107.3% 67,243 -4.2% 103,975 54.6% 115,084 10.7% 163,871 42.4%
January 106,541 57.3% 95,687 -10.2% 140,362 46.7% 198,873 41.7% 266,437 34.0%
February 57,839 47.0% 68,015 17.6% 95,269 40.1% 125,671 31.9% 168,914 34.4%
March 59,378 34.4% 56,600 -4.7% 103,163 82.3% 104,733 1.5% 160,147 52.9%
April 87,438 27.3% 88,212 0.9% 137,030 55.3% 182,384 33.1% 215,299 18.0%
May 58,291 6.7% 81,109 39.1% 109,371 34.8% 152,577 39.5% 217,760 42.7%
'first month of 1/2 cent sales tax
June 59,577 14.5% 83,253 39.7% 112,317 34.9% 171,813 53.0% 200,233 16.5%
July 94,157 16.9% 135,187 43.6% 179,803 33.0% 223,854 24.5% 274,072 22.4%
August 58,980 22.1% 109,584 85.8% 132.367 20.8% 184,851 39.7% 224,126 21.2%
September 75.228 38.3% 106.563 41.7% 122.445 14.9% 173.917 42.0% 200.169 15.1%
TOTAL $877,615 37.8% $1,033,502 17.8% S1,476,708 42.9% S1,931,017 30.8% $2,521.857 30.6%
el
SOUTHLAKE PARKS DEVELOPMENT CORPORATION
Revised
1997-98 collected budget balance
budget to date balance percent
$1,313,500 $1,260,929 $52,571 4.00%
FISCAL FISCAL FISCAL FISCAL FISCAL
YEAR %Inc YEAR %Inc YEAR %Inc YEAR %Inc YEAR %Inc
MONTH 93/94 -Dec 94/95 -Dec 95/96 -Dec 96-97 -Dec 97-98 -Dec
October $0 n/a $44,975 n/a $64,344 43.1% $80,946 25.8% $118,582 46.5%
November 0 n/a 26,049 n/a 55,958 114.8% 67,684 21.0% 96,832 43.1%
December 0 n/a 33,622 n/a 51,987 54.6% 57,542 10.7% 81,935 42.4%
January 0 n/a 47,843 n/a 70,181 46.7% 99,437 41.7% 133,219 34.0%
February 0 n/a 34,007 n/a 47,635 40.1% 62,836 31.9% 84,457 34.4%
March 0 n/a 28,300 n/a 51,581 82.3% 52,366 1.5% 80,074 52.9%
April 0 n/a 44,106 n/a 68,515 55.3% 91,192 33.1% 107,650 18.0%
May 29,145 n/a 40,554 39.1% 54,686 34.8% 76,289 39.5% 108,880 42.7%
June - - -29,788 -- n/a 41,627 39:7% 56,159 34.9% 85,906 53.0% '100,117 16.5%
July 47,079 n/a 67,593 43.6% 89,901 33.0% 111,927 24.5% 137,036 22.4%
August 29,490 n/a 54,792 85.8% 66,184 20.8% 92,426 39.7% 112,063 21.2%
•mber 37.614 n/a 53.282 41.7% 61.223 14.9% 86.958 42.0% 100.085 15.1%
TOTAL $173.116 n/a $516,751 198.5% . $738,354 42.9% $965,508 30.8% $1,260,929 30.6%
10/12/98 SLSTX98R.XLS
.2/6_3
CITY OF SOUTHLAKE
Sales Tax Analysis ;
FY1997-98 .__ -
r ...
Revised
Actual Budget Actual Estimated (budget-est.)
1996-97 1997-98 1997-98 1997-98 Difference Change
ober 161,892 211,176 237,164 237,164 25.988 12.31%
November 135,367 180.672 193,664 193,664 12,992 7.19%
December 115,084 157,347 163,871 163,871 6,524 4.15%
January 198,873 253,704 266,437 266,437 12,733 5.02% • •
February 125,671 169,522 168,914 168,914 (608) -0.36%
March 104,733 145,443 160,147 160,147 14,704 10.11%
April 182,384 234,742 215,299 215,299 (19,443) -8.28%
May 152,577 200,464 217,760 217,760 17,296 8.63%
June 171,813 222,585 200.233 200,233 (22,352) -10.04%
July 223.854 253.099 274,072 . 274,072 ' 20,973 8.29%
August 184,851 303,853 224,126 224,126 (79,727) -26.24%
September 173,917 294.395, 200,169 200.169 (94.2261 -32.01%
1,931,016 2,627,000 2.521,857 2,521,856 (105,144) -4.00%
36.04% 30.60%
Southlake Parks Development Corporation
1/2 cent sales tax -
Revised
Actual Budget Actual Estimated (budget-est.) %
1996-97 1997-98 1997-98 1997-98 Difference Change
October 80,946 105,588 118,582 118,582 12,994 12.31
November 67,684 90,336 96,832 96,832 6,496 7.19%
December 57,542 78,673 81,935 81,935 3,262 4.15%
January 99,437 126,852 133,219 133,219 6,367 5.02% -
February 62,836 84,761 84,457 84,457 (304) -0.36%
March 52,367 72,721 80,074 80,074 7,352 10.11%
April 91,192 117,371 107,650 107,650 (9,721) -8.28%
May 76,289 100,232 108,880 108,880 8,648 8.63%
85,907 111,292 100,117 100,117 (11,176) -10.04%
111,927 126,550 137,036 137,036 10,486 8.29%
t 92,426 151,927 112,063 112,063 (39,864) -26.24%
-eptember 86.959 147.197 100.085 100.085 147.1131 -32.01% -
965,508 1,313,500 1,260,928 1,260,928 (52,572) -4.00%
36.04% 30.60%
•
...
_____ _
10/12/98 SLSTX98R.XLS
CITY OF SOUTHLAKE
CRIME CONTROL AND PREVENTION DISTRICT
SALES TAX REPORT
III Revised
1997-98 Collected Budget Balance
Budget to Date Balance Percent
$619.197 $467.504 $151.693 24.50%
Fiscal Year Fiscal Year
1997-98 1997-98 Dollar Percent
MONTH Budget Actual Variance Variance
October $ - $ - n/a n/a
November - - n/a n/a
December - - n/a n/a
January - - n/a n/a .
•
February - - n/a n/a
March - - n/a n/a
April - - n/a n/a
May 100,232 77,337 (22,895) -22.84%
III June 111,292 86,019 (25,273) -22.71%
Jul 120 550 108 531 (12,019) -9.97%
August 145,927 105,651 (40,276) -27.60%
September 141.197 89.966 (51,231) -36.28%
TOTAL $619,197 $467,504 ($151,693) -24.50%
Revised
Budget Actual Estimated (budget-est.) %
1997-98 1997-98 1997-98 Difference Change
October $ - $ - $ - $ - 0.00%
November - - - - 0.00%
December - - - - 0.00%
January - - - - 0.00%
February - - - - 0.00%
March - - - - 0.00%
April - - - - 0.00%
May 100,232 77,337 77,337 (22,895) -22.84%
June 111,292 86,019 86,019 (25,273) -22.71%
July-- --.- 120,550 - 108,531 -- - 108,531 - (12,019) • -9.97%
August 145,927 105,651 105,651 (40,276) -27.60%
September 141.197 89.966 89.966 (51,231) -36.28%
III $ 619,197 $ 467,504 $ 467,504 $ (151,693) -24.50%
City of South lake,Texas
• MEMORANDUM
October 16, 1998
TO: Curtis E. Hawk, City Manager
FROM: Ron Harper, Deputy Director of Public Works
SUBJECT: Town Square Status Report
Town Square
Progress continues on the infrastructure and commercial elements of this project.
Six buildings are currently under construction. All buildings have had steel erected.
Buildings 1A and '1B have had all the scaffolding removed and work continues on the
interior systems in preparation for release to tenants for finish out. Elevators have been
installed on both buildings. 1A has had second floor windows installed and work is
progressing on the first floor storefronts. Second floor windows are being installed on 2A.
• Buildings 5A and 5B have had the exterior framing and sheathing installed. Stucco has been
completed and brick work continues on 5B. Both of these buildings have had mechanical,
plumbing and electrical rough-in work substantially completed. Interior framing of both
buildings is progressing. Building 4C has had first and second floor concrete poured.
Rough-in of mechanical, plumbing and electrical systems is proceeding. Building 2C has
had steel erected and first and second floor concrete poured.
Curbs for sidewalks have been poured at the rear of 1A and 1B. Work will begin on front
sidewalks within the next several weeks. State Street and Fountain Place have been lime
stabilized.
The Landscape Administrator is finalizing species selection for the trees and plantings
proposed for this project.
Staff has again reminded the Developer that any requests for sign variance need to be
submitted within the next month in order allow Council sufficient time to review the merits
of the variances and to allow for the manufacture and production of the signs prior to grand
opening.
Post Office Square
There is no change from the last report on this phase of the project.
•
r .
Town Square Status
October 16, 1998
Page 2
11111
Town Hall
Staff met with Mayor Stacy, Councilmembers Kendall and Martin, and P&Z Commissioner
Levier on October 13, 1998 to discuss the architectural contracts with Schwarz and Urban.
The City Manager was requested to speak with the architects relative to the level of services
and suggested fees. In addition, staff was directed to discuss the scope of a construction
management contract with Beck. The Beck discussions have progressed to the point that
information relative to services provided and contractual terms will be available at the
November 3, 1998 City Council meeting.
As staff has mentioned over the past several report periods, the Town Square grand opening
is scheduled for March 20, 1999. In conjunction with the grand opening staff has hoped
that the City would schedule the dedication of the Town Hall cornerstone. This dedication is
a fairly involved activity which needs to be planned starting as soon as possible. Due to the
visibility of this event, staff would like to have Council members involved in the planning.
The selected Council members would work with Kevin Hugman, Tracy Southers, Shelli
Siemer and myself to insure that the event is planned properly. At the September 15, 1998
meeting Council identified Mayor Stacy and Council Member Edmonson as representatives
with a third to be named at a later time.
I would like to remind Council Members that individual tours of the project site can be
111/ arranged by contacting me 1 - 2 days in advance. Work has progressed to the point where a
good feel for the layout and aesthetics of the project can be visualized.
`I dir
I
RJH/rjh -.
d:\wd-files\sts\stat9.doc
S
-1/46- 7
City of South lake,Texas
• MEMORANDUM
October 13, 1998
TO: Curtis E. Hawk, City Manager
FROM: Courtney Queen, Community Services Coordinator
SUBJECT: Approve FY 1998-99 Scope of Services Agreement with Keep Southlake
Beautiful (KSB).
The Fiscal Year 1998-99 Annual Budget allocated$4,500 for Keep Southlake Beautiful(KSB),
an organization committed to keeping Southlake a clean community. This agreement outlines
those services which will be provided to the citizens of Southlake by KSB, including litter pick-
ups, education programs, and beautification projects. The term of the agreement is for one year
commencing October 1, 1998.
The agreement differs from last year's agreement, omitting a KSB function requiring a quarterly
written report to be submitted to the City. This type of information such as financial status and
future plans are already available to the City as outlined in the previous responsibilities of KSB.
S KSB Board members voted unanimously Monday, October 5, 1998 to accept the proposed
agreement.
Please place this item on the October 20, 1998 City Council agenda for their consideration. Tod
Radford, KSB President, will be available at the City Council work session to provide any
additional information. I will also be available to answer any question.
CQ
Attachment: Scope of Services Agreement—KSB
0
5B-1
AGREEMENT FOR COMMUNITY SERVICES
S
STATE OF TEXAS § •
COUNTY OF TARRANT §
•
THIS AGREEMENT is entered into by and between the City of Southlake, Texas, a
home rule municipal corporation located in Tarrant County and Denton County, Texas, acting
by and through its duly authorized City Manager (hereinafter referred to as "City"), and Keep
Southlake Beautiful (KSB), a nonprofit organization operating in the City of Southlake as an
organization described in section 501 (c)3 of the Internal Revenue Code, acting by and through
its duly authorized President.
0 WHEREAS, the purpose of Keep Southlake Beautiful (herein referred to as "KSB") is
to provide educational and motivational programs to improve the appearance of the City of
Southlake and to preserve and enhance the local natural environment; and
WHEREAS, KSB is a recognized member of Keep America Beautiful and Keep Texas
' Beautiful with full membership rights and resources; and
WHEREAS, City and KSB desire to enter into an Agreement whereby KSB will
provide beautification services to the citizens of Southlake;
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That City and KSB do hereby
covenant and agree as follows:
S
._,
___
SB I.
SECTION'1
SCOPE OF SERVICES
KSB shall provide the following services:
1. Management of Adopt-A-Street programs on non-State highways within the City of
Southlake. ,
2. Litter pickup along city streets, shores, and parks as allowed by available volunteer
workers.
3. Education of citizenry on environmentally sound waste disposal practices, recycling,
and pollution control.
4. Promotion of tree planting and city beautification through landscaping.
5. Cooperation with local agencies, businesses, and citizens to render educational and
other services as is available through funding or other programs to promote
beautification and environmental awareness.
6. Maintain certification as an affiliate of Keep America Beautiful, Inc. and Keep Texas
Beautiful.
• SECTION 2 •
KSB FUNCTIONS
1. KSB Board of Directors shall meet periodically. The time, date, place, and agenda of
these meetings shall be solely defined by KSB.
2. KSB shall operate in accordance with its own approved by-laws.
3. Administration of the Adopt-A-Street program shall be coordinated by KSB.
4. The City shall have the right to review the books and records kept incident to the
services provided by KSB to the City.
•
5B3
r .
SECTION 3
111111 CITY FUNCTIONS
1. A liaison will be provided by the City to assist KSB in coordinating KSB and City
operations.
2. City shall provide staff assistance, advice, and technical expertise where feasible to aid
KSB.
3. City shall provide administrative support to KSB, where feasible. The nature, extent,
and duration of this support shall be solely defined by the City.
4. City shall provide a meeting space for KSB Board of Directors meetings.
5. City shall provide vehicles, and personnel, where feasible, to assist KSB in the
operation of Adopt-A-Street trash collection events. The nature, extent and duration of
this assistance shall be solely defined by City.
SECTION 4
PAYMENT FOR SERVICES
City agrees to pay to KSB the sum- of Four Thousand Five Hundred Dollars ($4,500) in
Spayment for services described in Section 1 hereinabove.
SECTION 5
TERM OF AGREEMENT
The term of this agreement shall be for a period of one (1) year beginning October 1, 1998
and ending September 30, 1999.
IN WITNESS WHEREOF the City and KSB have executed this agreement as of this day
of , 1998.
Approved as to legal form:
Attorney at Law Mayor, City of Southlake
IllPresident, Keep Southlake Beautiful
5B-4
City of Southlake,Texas
pr
MEMORANDUM
•
October 16, 1998
TO: Curtis E. Hawk, City Manager
FROM: Nona Whitehead, Community Services Coordinator
SUBJECT: Approve FY 1998-99 Scope of Services Agreement with Metroport Meals on
Wheels (MMOW).
The Fiscal Year 1998-99 Annual Budget allocated $10,000 for Metroport Meals on Wheels in
exchange for the provision of services by that organization. This scope of services agreement
outlines those services, which MMOW will provide to the citizens of Southlake. The term of
the agreement is for one year commencing October 1, 1998.
Discussions were held with Kelly Bradley, Executive Director of Metroport Meals on Wheels,
and MMOW staff to review the provisions of to this contract. Metroport Meals on Wheels
staff have expressed approval of the scope of services that they will provide for funding. This
scope of services contract was also reviewed by the Senior Advisory Commission at their
S
October 13, 1998 meeting. The minutes of that meeting will reflect a recommendation for
contract approval.
Please place this item on the October 20, 1998 City Council agenda for their consideration.
Please contact me for any additional information or questions.
NW
Attachment: Scope of Services Agreement - Metroport Meals on Wheels
S
..,
cc- (
AGREEMENT FOR COMMUNITY SERVICE
•
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS AGREEMENT is entered into by and between the City of Southlake, Texas a
home rule municipal corporation located in Tarrant County and Denton County, Texas,
acting by and through its duly authorized City Manager (hereinafter referred to as
"City"), and Metroport Meals on Wheels (hereinafter referred to as "MMOW), a
nonprofit organization operating in the Metroport area as an organization described in
section 501 (c) 3 of the Internal Revenue Code, acting by and through its duly
authorized Executive Director (hereinafter referred to as "Coordinator").
WHEREAS, the purpose of MMOW is to deliver hot meals to homes of the elderly in
Southlake, Grapevine, Colleyville, Keller, Argyle, Trophy Club, Westlake, Justin,
Haslet and Roanoke and to manage senior programs and activities as needed to citizens
of these Metroport communities; and
• WHEREAS, City and MMOW desire to enter into an Agreement whereby MMOW
will provide meals and social services to the seniors of the Southlake community and
others as referred by City;
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That City and
MMOW do hereby covenant and agree as follows:
SECTION 1
SCOPE OF SERVICES
The scope of Service shall include:
MMOW
1. To coordinate, organize and run the weekly (Tuesday) Southlake senior
congregate luncheon program and associated Tuesday activities.
2. To organize volunteers to plan and support Southlake's Tuesday congregate
lunch program and home delivered meal program to Southlake residents.
3. Order necessary meals, cover costs and organise delivery of meals to homes of
• Southlake senior residents Monday through Saturday, and also for the Tuesday
congregate lunch program and associated activities.
4. Track attendance and costs associated with the weekly congregate lunch
program and the home delivered meal program. Prepare and provide reports to
the City on a monthly basis, due the 2nd Tuesday of each month.
5. Perform general clean up following each event, return tables to original
locations and secure the facility.
6. Provide a monthly updated roster of participants to include name, address,
phone number and emergency information.
City
1. Provide the facility each Tuesday from 9:00 am to 2:00 p.m.
2. Provide staff liaison to provide guidance and direction to MMOW and monitor
activities.
• SECTION 2
MMOW'S OPERATIONS
1. Hours of Operation for the congregate lunch program shall be from 10:00 am to
2:00 pm every Tuesday and shall be defined by the City of Southlake Senior
Advisory Commission, City of Southlake Community Services Department and
MMOW.
2. The City shall have the right to review the books and records kept incident to
the services provided by MMOW to the City.
SECTION 3
PAYMENT FOR SERVICES
City agrees to pay to MMOW the sum of $10,000 per year to help cover the cost of
the following:
1. A Senior Congregate Luncheon Coordinator provided through MMOW to
perform services described in Section 1.
S
cc-3
PPV
2. Supplies provided by MMOW such as paper plates, cups, table cloths and craft
• supplies for the fourth Tuesday craft activity held prior to the congregate
luncheon.
3. Subsidize the cost of food from the Marriott Solana Hotel for those persons
unable to pay for their meals. This includes meals served at the weekly
congregate lunch and for home delivered meals for the elderly of Southlake.
4. Individuals who can afford to pay for the luncheon or home delivered meal will
be charged a maximum of$2.50 per person. MMOW will waive the luncheon
fee if an individual brings a covered dish for the luncheon. Any increase in this
fee shall be approved by the City of Southlake Senior Advisory Commission and
the City of Southlake.
SECTION 4
TERM OF AGREEMENT
The term of this agreement shall be for a period of one (1) year beginning October 1,
1998 and ending September 30, 1999. The parties may modify this agreement by
written amendment executed by both parties.
IN WITNESS WHEREOF the City and MMOW have executed this agreement as of
• this day of October, 1998.
Approved as to legal form and adequacy:
Attorney at Law Mayor, City of Southlake
Executive Director, MMOW
•
p!v______ City of Southlake,Texas
0 MEMORANDUM
October 16, 1998
TO: Curtis E. Hawk, City Manager
FROM: Shana K. Yelverton, Assistant City Manager
SUBJECT: Ordinance No. 725, Smoking Regulations, 1st reading, Repealing Ordinance
No. 537
You may recall discussing this item at the City Council's June Retreat, during which
Councilmember Edmondson expressed her desire to address this ordinance as quickly as
possible to ensure that our regulations are in place before we experience an increase in the
number of restaurants within the city. Since that discussion, staff has conducted research into
ordinances in place in other cities. This exercise has helped us to focus on a variety of issues,
including that of smoking in public eating establishments. The attached matrix summarizes the
provisions of our current ordinance, as well as those of other cities.
On Friday, September 18, Councilmember Edmondson and I met with Building Official Paul
Ward, Plans Examiner Chuck Bloomberg and Building Inspector Larry Kelly. During this
• meeting, we discussed the following:
► The goals of revising the ordinance are two-fold. First, the ordinance should provide
for clean indoor air, protecting non-smokers from the effects of second hand smoke and
providing for a comfortable environment in facilities frequented by the public. Second,
recognizing that Southlake residents favor the development of restaurants in the city,
the ordinance should not contain regulations which are so onerous as to discourage
restaurants or other facilities from locating in Southlake. Councilmember Edmondson
and the staff agreed that no retrofitting should be required for existing restaurants.
• The definition of public places should be expanded to include assisted living facilities,
at least the congregate living areas (recognizing that independent living units are a
private residence). The purpose of this effort is to protect seniors living in facilities
from the effects of second hand smoke in the public areas of those facilities.
• There was discussion about incorporating a provision into the ordinance which would
prohibit smoking within 15' of an entrance to the building. Some ordinances require
this to eliminate the "curtain" of smoke which forms at the entrances to public
buildings when smokers congregate on the front porch during breaks. However, state
law provides that it is a "defense to prosecution" if there are no receptacles available in
these areas to extinguish smoking materials. As such, it is probably not a provision
• worth changing at this time. This can always be regulated by the property owner.
'5t .-- )
Curtis E. Hawk
Ordinance No. 725, Smoking Regulations
Page Two
► Using the Plano and Arlington ordinances as guides, the group discussed the need to
require ventilation systems in restaurants which provide the maximum mitigation of
drifting smoke from a smoking area to a non-smoking area. Building Official Paul
Ward and his staff reviewed systems and discussed this issue with their counterparts in
those cities to determine the most practical means of addressing this issue. Their
recommendations were provided to Council in the last packet, and have been
incorporated into the proposed ordinance.
► With regard to restaurants, Councilmember Edmondson expressed her preference that
we revise Section 4.2 of the ordinance, which allows restaurants with seating for fewer
than 50 patrons to choose to post signs stating "This establishment does not provide an
indoor or outdoor nonsmoking area." The recommendation to Council would be to
offer the option of designating the whole restaurant as a nonsmoking facility or comply
with the proposed regulations.
• The treatment of bars, adult entertainment facilities, billiard halls, etc. also warrants
discussion. As the ordinance is currently written, these facilities would be required to
meet the same requirements as restaurants.
► We also discussed the development of an ordinance regulating the possession or
purchase of tobacco products by a minor. Staff is currently researching this issue, but
plans to bring forward a recommendation to Council soon as a separate issue.
► Finally, the group discussed the use of tobacco products in city facilities, on city
property and in city vehicles. The discussion resulted in a determination that the
ordinance should not be modified -- it currently contains a provision prohibiting
smoking in city facilities. The group believed that prohibiting smoking on city property
was not appropriate. The discussion of how to handle city vehicles resulted in the
determination that an internal personnel policy should be generated to address this
concern.
The attached Ordinance No. 725 is in a redline/strikeout format for ease of noting the proposed
changes to the existing ordinance. Please place consideration of Ordinance No. 725 on the
agenda for the October 20 City Council meeting for first reading. I will be happy to answer
any questions you may have.
• iriG�G
SKr
411 ORDINANCE NO. 725 1
AN ORDINANNCE TO PROMOTE THE PUBLIC HEALTH BY
ESTABLISHING PUBLIC SMOKING REGULATIONS; PROVIDING FOR
DEFINITIONS; PROHIBITING SMOKING IN CERTAIN DESIGNATED
AREAS AND PUBLIC PLACES; REGULATING SMOKING IN FOOD
PRODUCTS ESTABLISHMENTS; REGULATING SMOKING IN THE
WORKPLACE; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN
PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
9 of the Local Government Code; and
WHEREAS, there is a substantial body of evidence which concludes that the smoking of
illtobacco may be a danger to health and a health hazard to those who are present in confined
spaces; and
WHEREAS, it is the desire of the City Council of the City of Southlake, Texas, to
provide for the regulation and prohibition of the smoking or burning of tobacco products within
certain facilities, both private and public, within the City of Southlake,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1
Definitions
The following words and terms when used in this ordinance, unless otherwise defined
within, shall be understood to mean:
0 .
1.1 "Employee" - means any person who is employed by any employer for direct or indirect
monetary wages or profit.
1.2 "Employer" - means any person who employs the services of an individual person.
1.3 "Enclosed" - means closed in by a roof and walls with appropriate openings for ingress
and egress, but does not include areas commonly described as public lobbies.
1.4 "Food Products Establishments" - means an operation that sells food for human
consumption and includes restaurants of any kind, but does not include grocery stores.
1.5 "Health Care Facilities" - any office or institution providing individual care or treatment
of diseases, whether physical, mental or emotional, or other medical, physiological and
psychological conditions.
1.6 "Person" - shall include associations, firms, partnerships and corporations, as well as
individuals or groups of individuals.
1.7 "Personal Care Facility" - an establishment that furnishes, in one or more facilities, food
and shelter to four or more persons who are unrelated to the proprietor of the
establishment; and provides personal care services; and in addition, provides minor
III treatment under the direction and supervision of the resident's attending physician licensed
by the Texas Board of Medical Examiners, or services which meet some need beyond
basic provision of food, shelter and laundry.
11_84-.7. "Public place" - means any enclosed area to which the public is invited or in which the
public is permitted, and includes, but is not limited to: stores, offices, theaters, and other
commercial establishments, restaurants, public and private institutions of learning, health
care facilities, nursing and convalescent homes, and all public governmental facilities, but
does not include the offices or work areas of workplaces not entered by the public in the
normal course of business. A private residence is not a public place.
11.94,g "Smoking" - means the possession of, or emitting or exhaling the smoke of, burning
tobacco, weed, or other plant product.
I 1.1041 "Workplace" - means any enclosed area under the control of a public or private
employer which employees normally frequent during the course of employment. A private
residence is not a place of employment.
SECTION 2.
General Provisions
0 2.1 The owner, operator, manager, employer, or other person having control of any area
where smoking is prohibited shall post notice, as provided herein, in sufficient numbers
and at such conspicuous locations, including entrances thereto, so as to be readily
I Ordinance No. 537-A Page 2 of 10�-
"yr
observable by a reasonably observant person and shall provide receptacles for the
extinguishment of smoking materials within twenty feet (20') of the entrance to such area
where smoking is to be prohibited as provided by this ordinance.
2.2 A sign prohibiting smoking shall be sufficient if it contains the words "no smoking, City
of Southlake ordinance," the universal symbol for no smoking, or other language that
clearly prohibits smoking. Notice shall be deemed sufficient if each entrance to a building
is posted with a sign containing the words "smoking permitted in designated areas only."
2.3 Nothing in this sectionordinance shall require the owner, operator, manager, employer,
or other persons having ifi control of any building, facility, room, establishment or
structure to incur any expense to make structural or other physical modifications to comply
with the terms and conditions of this sectionordinance. The posting of signs or the
equipping of any area with facilities for the extinguishment of smoking materials shall not
be construed to require l infeasible structural changes.
2.4 Nothing in this ordinance shall be construed to permit smoking where it is otherwise
prohibited by law or regulation.
2.5 Nothing in this ordinance shall be construed to preclude any owner or other person having
authority to manage and control any public place or place of employment workplace from
• prohibiting smoking to a greater extent than is provided by this ordinance.
SECTION 3
Smoking Prohibited in Certain Designated Areas and Public Places
3.1 An owner, operator, manager, employer, or other person having control of any building
or area within a building may designate all or any part of such building or area thereof a
"no smoking" area wherein smoking shall be prohibited upon compliance with the
provisions of this ordinance and the posting of notice as herein required.
3.2 A person commits an offense if he or she smokes or possesses a burning tobacco, weed,
or other plant product in any of the following areas:
(a) an elevator used by the public;
(b) any enclosed or indoor public place of any facility owned, operated or managed by
the City, including but not limited to any public meeting room, conference room,
restroom or public service area;
0
Ordinance No. 537-A Page 3 of 101
. (c) any enclosed or indoor retail, or service establishment serving the general public
including, but not limited to, any grocery store, drug store, department store, and
the public places within financial institutions;
(d) every publicly or privately owned theater, auditorium, or other enclosed facility
which is open to the public for the primary purpose of exhibiting any motion
picture, performing arts, museum displays, athletic event, or any other
performance or event;
I (e) all areas which have been properly designated by the owner, operator manager,
employer, or other person having control of any building or area as "nonsmoking"
areas in accordance with Section 3.1 of this Ordinance;
(t) any enclosed or indoor facility of a public primary or secondary school;
(g) public spectator seating areas of arenas, stadiums and outdoor events where chairs,
benches or similar seating is provided, unless specifically designated as a smoking
section;
(h) health care facilities; provided that the owner or other person with authority to
manage and control such facility may designate separate rooms, including in-
0
patient sleeping quarters; or areas, as places where smoking is permitted, using
existing physical barriers and ventilation systems to the greatest extent possible to
minimize the smoke in adjacent nonsmoking areas. In no event shall smoking be
permitted in any health care facility corridor providing direct access to in-patient
sleeping quarters;
(i) any enclosed or indoor common area of personal care facilities, including but not
limited to, common social or recreational areas, common kitchen or dining
facilities or lobby areas;
(I4) designated nonsmoking areas of food products establishments as set forth in Section
4 of this Ordinance;
(k') designated nonsmoking areas of workplaces as set forth in Section 5 of this
Ordinance;
3.3 Notwithstanding anything is section 3.2 to the contrary, tThe owner or person in control
of an establishment or area described in section 3.2(c), 3.2(d), 3.2(f),-a 4 3.2(g), and 3.2
til may designate an area within the establishment as a smoking area provided that:
(a) the area may not include the entire establishment;
• I
Ordinance No. 537-A Page 4 of 101
V .
• (b) the area may not include cashier areas or over the counter sales areas;
(c) the area may not include the viewing area of any theater or movie theater;
(d) the area may not include the entire lobby;
(e) the area in which smoking is permitted utilizes existing physical barriers and
ventilation systems to the greatest extent possible to minimize the smoke in
adjacent nonsmoking arear designed by a professional engineer as provided in
section 4.1 of this ordinance-; and
(f) the area is posted with appropriate signs designating the area as a smoking area.
3.4 It is a defense to prosecution under this section if the person was smoking in an area that
was:
(a) a designated smoking area of a facility or establishment described in section 3.2(c),
3.2(d), 3.2(f), 3.2(g)_-a 4 3.2(h), and 3.2(i) of this section which is posted as a
smoking area with appropriate signs.
• (b) an administrative area or private office of an establishment described in section
3.2(c), 3.2(d), 3.2(f), es 3.2(h), or 3.2(i)unless such administrative area or private
office is posted as a nonsmoking area in accordance with Section 3.1.
(c) a retail or service establishment which is primarily engaged in the sale of tobacco
products or smoking implements; or
(d) not posted as a nonsmoking area as required by sections 2.1 and 2.2 of this
ordinance.
SECTION 4
Food Products Establishments
4.1 A food products establishment which has indoor or enclosed dining areas with seating
arrangement for fifty (50) or more patrons shall provide separate indoor or enclosed dining
areas for nonsmoking patrons. A food products establishment which has outdoor dining
areas with seating arrangements for fifty (50) or more patron& shall provide separate
outdoor dining areas for nonsmoking patrons. A nonSsmoking areas must:
Ordinance No. 537-A Page 5 of 1011
• (a) In any food products establishment that provides designated smoking areas, each
smoking area must:
(la) be separated, where feasible, from smoking areas by a minimum of four
feet (1') of contiguous floor space; be separated from nonsmoking areas
by physical means, such as partitions, glazing and doors and be equipped
with a separate heating and cooling system from those serving nonsmoking
areas;
(214) utilize existing physical barriers and ventilation systems to the greatest
extent possible to minimize they smoke in adjacent nonsmokingareas, and
bee situated wheree feasible se that air €rem the smoking area is not drawn
into or across the nonsmoking area. Utilize a ventilation system which shall
be designed by a professional engineer to provide an air change every
fifteen (15) minutes and shall exhaust the air to the exterior of the building
or adequately filter air before recirculating into occupied spaces and shall
not cause air from a smoking area to be drawn across the nonsmoking area.
The system shall be tested by the City to verify that the system removes
visual smoke at a rate of four (4) times per hour and that air from
designated smoking areas is not drawn across nonsmoking areas. Smoking
111/ shall not be allowed in any area until the area is successfully tested and
approved by the Building Official.
The owner shall be required to pass additional tests in the future, as
determined by the Code Official, if the adequacy of the system appears to
fail to meet the requirements of this ordinance. A fee will be assessed for
tests that fail to meet their standards. The fee amount will be established
by City Council Resolution.
(b) In any food products establishment that provides designated smoking areas each
nonsmoking area must:
(is) be clearly designated by appropriate signs visible to patrons within the
dining area indicating that the area is designated nonsmoking;
(24) have ash trays or other suitable containers for extinguishing smoking
materials at the perimeter of the nonsmoking area.
4.2 A food products establishment may designate anyr portion of n i d td di
aing
area with seating arrangement for less than fifty (50) patrons as a nonsmoking area. If the
• I
Ordinance No. 537-A Page 6 of 101-
S
nonsmoking area, signs- stating "This establishment does not provide a[n indoor or
Qnch sines shall be clearly legible and shell be costar) conspic„o sly sn no to be read ly
observable-b a r asonably observant person. The Building Official may accept an
alternate system not complying with the exhaust requirements of this Subsection for
existing smoking areas prior to the effective date of this ordinance.
4.3 Nothing in this section shall be construed to prevent an owner or person in charge of a
food products establishment from designating the entire establishment as nonsmoking.
4.4 Each food products establishment which has indoor or enclosed dining areas with seating
arrangement for fifty (50) or more patrons or outdoor dining areas with seating '
arrangements for fifty (50) or more patron& shall:
(a) have and implement a written policy which conforms to this ordinance and is kept
on file on the premises; and
(b) make the policy available for inspection by employees and municipal enforcement
personnel_;
4.5 Non-dining areas of any food products establishment affected by this section to which
® patrons have general access, including, but not limited to, food order areas, food service
areas, restrooms and cashier areas shall be designated as nonsmoking areas.
4.6 It is a defense to prosec„t,on under this section that the food products establ h t i • The
owner, manager or operator of a food products establishment, bar, night club, adult
entertainment establishment, billiard hall, bingo parlor or bowling center commits an
offense if he or she designates or maintains a smoking area in violation of this section.
•
(a) an establishment which has more than seventy percent (70%) of its annual gross
sales in alcoholic beverages; or,
(b) a physically separated bar area of a food products establishment otherwise regulated
by this Ordinance.
4.7 It shall be unlawful for any person to operate a food products establishment without
complying with this °Ordinance.
SECTION 5 .
Smoking in the Workplace
Ordinance No. 537-A Page 7 of 10
prir
0 5.1 Within three (3) months from the effective date of this ordinance, every employer within
the City of Southlake who owns, occupies or controls a workplace shall adopt, implement
and enforce a written policy on smoking that:
I (a) conforms to this ordinance and sSection;
(b) reasonably accommodates the interests of both smokers and nonsmokers but
minimizes the involuntary exposure of nonsmokers to second-hand smoke;
(c) designates nonsmoking areas so as to use existing structural barriers and ventilation
to minimize involuntary exposure of nonsmokers to second-hand smoke; and
(d) establishes a procedure for addressing employee disputes and objections arising
under the no smoking policy;
(e) contains a statement that the employer shall not discharge, retaliate, or discriminate
against any employee who:
(1) files any complaint or causes any proceeding to. be instituted under or
related to this ordinance;
4110 (2) testifies or will testify in any proceeding instituted under this ordinance;
or, exercises on his own behalf or the behalf of others any right afforded
by this ordinance.
5.2 Employers shall provide conspicuous signage indicating nonsmoking areas;
5.3 Nothing in this sSection shall prohibit an employer from designating an entire workplace
as nonsmoking.
5.4 Employers shall supply a written copy of the smoking policy to all current employees
within three (3) weeks of the date of the adoption of the policy, and to all future employees
at the time of their entry into employment.
5.5 It shall be unlawful for an employer to operate a workplace without complying with the
requirements of this oCirdinance.
SECTION 6
Enforcement
• .
I Ordinance No. 537-A Page 8 of 101
5D - 1 D
V ,
• Any person who violates this ordinance shall be guilty of a Health and Sanitation misdemeanor
violation and subject to a fined- of amount not more than Two Thousand Dollars ($2,000.00),
Each day that a violation is permitted to exist shall constitute a separate offense.
SECTION 7S
This ordinance shall be cumulative of all provisions of ordinances of the City of
Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the
provisions of such ordinances, in which event the conflicting provisions of such ordinances are
hereby repealed. Ordinance No. 537 is hereby repealed.
SECTION 89 I
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 949 _
All rights and remedies of the City of Southlake are expressly saved as to any and all violations
of the provisions of Ordinance No. 537 or any other ordinances affecting smoking regulations
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 1044
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance or its caption and penalty together with a notice setting out the time and place for a
public hearing thereon at least ten (10) days before the second reading of this ordinance, and if
this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of
any of its provisions, then the City Secretary shall additionally publish this ordinance in the
official City newspaper one time within ten days after passage of this ordinance, as required by
Section 3.13 of the Charter of the City of Southlake. 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.
• Ordinance No. 537-A Page 9 of 1 C1
\H I
0
I SECTION 111.2
This ordinance shall be in full force and effect from January 1, 1993, 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
, 1998.
MAYOR
' ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
11110 , 1998.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date:
ADOPTED:
EFFECTIVE:
M:\WD-FILES\ORDINANC\587-A-Smoking Ord.doc\kb
• I Ordinance No. 537-A Page 10 of 101-
•
. SMOKING ORDINANCES
CITY': -_ PUBLIC '••EATI�1G_: CITY : -' - .-WORK •- - SIGNAGE ENFORCE - PENALTY DESIGNATED VENT E.
i•
'PLACES . •. �,. - FACILITY - PLACE AREA-
Southlake, Retail,elevator, >50 provide Enclosed Accommodate Posted @ N/A Misdemeanor N/A System to N/,
TX grocery, drug, separate areas, indoor interests of entrances, no more than minimize
financial including outdoor; facility both but "does not $2000 smoke in
institution, school, non must be owned/manag minimizes provide non- adjacent non-
theater, auditor., separated by 4' ed by City exposure of smoking smoking areas
health facility, floor space,utilize including. second hand area,"No
public spectator, vent system, mtg/conf. smoke,est. Smoking,
arena,or outdoor structural barriers, rms., restrms, written policies City Ord. •
event with chairs post signs,have service areas, for procedures No."
or bleachers receptacles etc. for employees' "Smoking
i unless specifically complaints permitted in
j k designated designated
area only"
L/ Arlington, Includes: schools, Includes:bars, N/A Designate all "No smoking- N/A Misdemeanor Owner may ventilation Tol
TX elevators, night Clubs,adult common areas- City Ord. b/w$25-$200 designate space system shall
..1 transport, entertainment, etc.- can't be larger No." "Except - More for but avoid provide an air
�-' assemblies, must be designated than non- in designated subsequent customers/ change every
theaters, outdoor by owner and smoking area, areas." convictions patients in health 15 minutes
amphitheaters, marked; does not post signage, "Smoking in facility/public; and shall
health facilities, employ under 18; communicate this area subject to exhaust the air
etc. post signage to employees only." approval to to the exterior
Health Dept.; of the
must be building. Air
' equipped with from smoking
ventilation;floor area shall not
may not exceed be drawn
30% across the
nonsmoking
, area
Updated September 30, 1998
'CITY - PUBLIC EAT G. CITY WORK'. ; SIGNAGE ENFORCE PENALTY DESIGNATED VENT E '
PLACES• - ,0 '-" - • FACILITY PLACE • AREA
Bedford,TX Includes: elevator, Must provide Any public N/A Must be N/A Misdemeanor Does not include N/A Re'
health facilities, separate conf./mtg. placed in a not to exceed lobbies,mtg. est
retail,enclosed indoor/dining area room or conspicuous $200 rooms,entire >1;
theaters, for non-smokers, service area location, establishment, pul
museums, be ventilated,have of any facility including movie houses, tob
libraries, receptacles, clearly owned, entrances, cashier areas,
transport. designated signs, operated or with the Sotogrande
and a minimum of managed by universal Community
4' floor space. the city symbol and Center or
Establishment with "No smoking, Bedford-Hurst
<100 patrons must City of Senior Center
• post signs on the Bedford
exterior stating Ordinance"
"No non-smoking
Rarea available"
JColleyville, Enclosed/indoor >25 people must All or part of Places of Must be N/A Misdemeanor No place except Physical If e
TX area that is used designate area a building employment visible and in not to exceed tobacco store or barriers and pri'
by the public or proportionate to the used for state included; conspicuous $500 bar may be special fun
serves as a #of customers or local gov't employer must locations, designated. If ventilation
workplace. normally purposes; provide written posted at entire facilities systems shall
Includes:retail, requesting may policy and entrances, are smoking, be used to
transport.,jury nonsmoking designate areas for and state"No must post a sign minimize
deliberation, special areas smokers and Smoking" stating"No no- smoke
courtrooms, non-smokers smoking area
recreational available"
facilities, schools,
etc. •
Updated September 30, 1998
CITY PUBLIC EAT>h'G . CITY WORK SIGNAGE ENFORCE PENALTY DESIGNATED VENT E
PLACES FACILITY. PLACE AREA
Euless,TX Includes: indoor No separate section No separate No separate Must be N/A Misdemeanor N/A N/A NI.
service line, section section posted in a of at least$25
retail/food market conspicuous
check out line, place,
bank lines/tellers, including
cafeterias or any entrances
place designated
by owner wi signs
Grapevine, No Ordinance
TX
Hurst,TX Includes: elevator, Must provide Any building N/A Must be N/A N/A Does not include System must Re
1 health facilities, separate indoor/ managed, placed in entire be situated to est
retail,enclosed dining area for operated or conspicuous establishment, keep smoke <1,
theaters, non-smokers,be owned by the location, cashier lines, from being pul
•
museums, ventilated,have city including theaters,lobbies drawn into tob
libraries,transport receptacles,clearly entrances,w/ or mtg.rooms non-smoking bar
designated signs universal area
\-)fl and a min. of 4' symbol and
floor space. "No Smoking
Establishment w/ City of
>100 patrons must Hurst"
post exterior signs
stating"No non-
smoking area
available"
Updated September 30, 1998
CITY PUBLIC " ' " . EAT' G _ CITY ;WORK SIGNAGE ENFORCE DESIGNATED VENT E
PENALTY '
PLACES ' . ; k;rt: ' = .' FACILITY PLACE .. . . . . AREA
Keller,TX N/A N/A Prohibited at N/A Must be N/A Misdemeanor Does not include N/A NI.
all municipal posted in a not to exceed entire building,
buildings, conspicuous S1,000 public areas,
facilities or location, conf./mtg.
bleachers at including rooms, or Keller
public parks entrances, Public Library
containing
the words
"No Smoking
City of Keller
_ Ordinance"
N.Richland 1 Includes: elevator, Must provide Includes Display Conspicuous Police dept. Not to be May not be Must be N/,
Hills,TX transport,health separate public signage and signs at operating on fined more limited to situated so that
facilities,enclosed indoor/enclosed facilities provide entrances w/ a complaint than S200 waiting rooms, smoke is not
movie theater, dining area for operated by receptacles universal basis only lobbies, etc.,but drawn to the
{� library,retail, etc. non-smokers and the city symbol not including non-smoking
.J be separated by a stating"No cashiers, area
min.4' floor space; smoking theaters, or over
must have NRH the counter sales
_ receptacles,post Ordinance"
v signs and be
ventilated I
Updated September 30, 1998
CITY .. PUBLIC I. " EA'I` NG. CITY ' •WORK i . - SIGNAGE ENFORCE . PENALTY DESIGNATED ` VENT . EX:
,PLACES �' -• ;,'' . • FACILITY - PLACE , SMOKE'
i.
Austin,TX Enclosed indoor If in compliance Buildings/ Owner may Posted on N/A N/A See workplace HVAC or Tobx
areas including with the ordinance, facilities designate space premises separate air resid
service lines, allowed between managed by (not restrm or filtering hote:
dining areas, 2pm<(l_ 6am,unless City with general wkrm) equipment encli
outdoor seating, dining area is officials and not available to roon
taxicabs, 15' of closed; smoking employees gen.Public; loun,
pedestrian walk, area must be must be 6am
entrances,restrms, proportionate to# ventilated,
etc. of users with posted w/
ventilation; signs,contain
outdoor must leave receptacles
25%of area for
non-smokers
Plano,TX Schools, service See designated Any public N/A Posted for Signage Can not Area can not HVAC,air Privq
lines,transport, smoking areas service area non/smoke; exceed$2000 exceed 50%of purifier (not
theaters, 10' of managed/ at discretion net floor area;is system- child
entrance, laundry, operated by of owner; equipped with an electric facil:
elevator, City where must be air purifier pwrd hotel
�l restrooms, etc. i public conspicuous system or hospital tobac
_ i business is separate vent.: grade,hepa privz
required physical/air media filter even
barriers b/w non/ will clean air
smoke every 15
mins
Updated September 30, 1998
•
CITY PUBLIC 'EA`f 1NG. • . . .'CITY WORK• . SIGNAGE ENFORCE PENALTY DESIGNATED VENT E
PLACES • FACILITY- PLACE SMOKE
San Marcos, Includes: areas N/A Common Designated Post visible N/A Misdemeanor Private offices set Must be able N/A
TX where members of areas of gov't areas notice @ with fine up aside at all to keep
public are present bldgs, entrances, to$500 facilities not clean air
mtg.rrns, schools, allowed only "Smoking is open to the areas free
child/health care, in designated prohibited/ public;must be from smoke
restrooms,etc. areas or permitted/in proportionate to
"common areas,"- private designated the number of
hallways,lounges, offices areas only" users,have
shared offices/ ventilation,
restrooms, etc. receptacles,not
contain service
lines,be apart
from clean air
areas
Mesa,AZ Places where Outside dining area Prohibited at All International Park rangers Citation not Employers may Indoor Bar
people gather is included all city employment symbol,3" will enforce to exceed designate heating/ (sei
must be smoke facilities/ areas must be hrs at parks,CM $200 separate facility cooling lice
free—festivals, bldgs& smoke free will arbitrate indoors but mo
parades,stadiums, vehicles interpreting must be clul
schools,health ordinance ventilated and
care,transport, not require non-
.f) etc. smokers to walk
through;
outdoor must be
away from
entrances
Updated September 30. 1998
CITY PUBLIC " EATING CITY WORK - SIGNAGE •ENFORCE :PENALTY DESIGNATED VENT • EX
PLACES '- _ • .,.. FACILITY PLACE SMOKE ••
Belmont,CA Includes: Includes: indoor N/A Private,public, Post in work CM $100-1st; New bars will Prevent Bar
restroom, and outdoor dining non-profit; place; 1"ltr; responsible $200-2nd; I be non-smoking circulation of stor
lounges,
transport.,sport areas international for $500 after smoke from hot(
arenas,medical hallways,work
he
areas,health/ symbol; enforcement bar into other con
facilities/offices, Child care in posted at areas-req'd priv
service lines, etc. entrances; prior to 9/9/93 and
homes
"No
Smoking"
Sunnyvale, N/A N/A Prohibited in Required to "No By owner/ N/A N/A N/A N/A
CA most public implement Smoking" business rep
areas in smoking followed by
buildings policies DPS;
w/in City Neighborhd.
Preservation
Div. Enforces
ordinance
Boulder,CO Includes: lobbies, "May provide 1 N/A Prohibited N/A N/A N/A Includes: N/A Live
hotel/motel, smoking area dwellings, entc
hallways, <50%of floor county,state, (gat
Jelevators, space,separated& federal gov't tabl
dwelling units w/ ventilated so property, be F
public restrooms smoke does not tobacco stores, non
enter non-smoking private social sect
area" functions
•
Updated September 30, 1998
.•CITY ' - PUBLIC CITY : WORK . SIGNAGE . ENFORCE ,PENALTY DESIGNATED VENT E'
PLACES 5 . FACILITY PLACE • SMOKE
Morgantown Retail, elevator, No more than 50% Prohibited in Provide smoke Conspicuous, Responsibilit 1st-$25,2nd N/A N/A N/A
WVA grocery, drug, within common all enclosed free areas for @ entrances y of CM $50, $100
financial area Sr,30%food public places non-smoking after
institution, school, court area within City employees w/in
theater, auditor., existing facility
stadium,health
facility, etc.
Updated September 30, 1998
r4
City of Southlake, Texas
MEMORANDUM
October 16, 1998
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Authorization to advertise for bids for the installation of sanitary
sewer in the Cedar Creek Plantation Addition
Background
Cedar Creek Plantation Addition is scheduled to receive sanitary sewer improvements
this year as part of the Neighborhood Sewer Program as shown in the CIP budget. The
design of the proposed sanitary sewer was completed during the previous fiscal year.
The designs have been reviewed and staff is prepared to advertise for bids upon Council
approval.
The total estimated cost of the project is $120,400, with $10,000 for the engineering and
$110,400 for the construction. The construction is proposed to be funded from the 1998-
1999 capital improvements budget.
Recommendation
Staff recommends Council authorize advertisement for bids for the installation of sanitary
sewer in Cedar Creek Plantation Addition. Please place this item on the October 20,
1998 Regular City Council Agenda for City Council review and consideration.
BW/cre
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City of Southlake, Texas
• MEMORANDUM
October 16, 1998
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Authorization to advertise for bids for road and sanitary sewer
improvements on Lilac Lane
Background
This project originally included only road improvements. In June 1998, Council
authorized the design of sanitary sewer improvements as well. This was done so that
new pavement would not be disturbed should sanitary sewer be installed at a future
date, therefore, minimizing the overall cost of both improvements.
The design of this project is complete and has been reviewed by staff. A total of
$234,600 has been included in the capital improvement budget for this project; this
II/ includes the engineering cost of $44,465 approved by Council in June. The design
includes Pine Drive, which is scheduled to receive improvements during the next fiscal
year.
Recommendation
Staff recommends Council authorize advertisement for bids for the road and sanitary
sewer improvements on Lilac Lane. Please place this item on the October 20, 1998
Regular City Council Agenda for City Council review and consideration.
BW/cre
Attachment: Map Exhibit
•
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1°7I City of South lake,Texas
111 MEMORANDUM
October 16, 1998
To: Curtis E. Hawk, City Manager
From: Charlie Thomas, Deputy Director of Public Works
Subject: Authorize the Mayor to enter into a developer's agreement for
Georgetown Park, Phase III
Background:
Attached is the Developer Agreement for Georgetown Park, Phase III. This is a
standard Developer Agreement. The agreement covers the extension of a public water
line and storm sewer line to serve this portion of the development.
Recommendation:
It is recommended that the Mayor be authorized to enter into a Developer Agreement
for Georgetown Park, Phase III. Please place this item on the October 20, 1998
Regular City Council Agenda for City Council review and consideration.
//) j
CT/ts
Attachment: Memo from Kevin Hugman concerning Park Fees
Georgetown Park, Phase III Developer Agreement
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City of Southlake,Texas
MEMORANDUM
• September 18, 1998
TO: Bob Whitehead, Director of Public Works
FROM: Kevin Hugman, Interim Director of Parks and Recreation
SUBJECT: Park Dedication Requirements -- Georgetown Park, Phase III
At its September 14, 1998 meeting, the Park Board considered the park dedication
requirements for Georgetown Park, Phase III. This being a commercial development of less
than five (5) acres, the item was placed on the Consent agenda as per the Park Board's
guidelines to staff. The developer requested to pay fees of$800 per acre in lieu of park land
dedication. The total assessment was $1,243.20 for the 1.554 acre development.
The Park Board voted 9-0 to recommend park dedication fees be paid in the total amount of
$1,243.20 for Georgetown Park, Phase III, in lieu.of park land dedication.
Please contact me if you have any questions.
KH
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Pr"
GEORGETOWN PARK. PHASE III
® COMMERCIAL 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 Georgetown Park, Phase III, hereinafter referred to as "Addition"
to the City of Southlake, Tarrant County, Texas, for the installation of certain
community facilities located therein, and to provide city services thereto. It is
understood by and between the parties that this Agreement is applicable to Lot
1 R3, Block 1, Georgetown Park Addition (a commercial development) and to the
off-site improvements necessary to support the subdivision.
GENERAL REQUIREMENTS
A. It is agreed and understood by the parties hereto that the
Developer shall employ a civil engineer licensed to practice in the
State of Texas for the design and preparation of the plans and
specifications for the construction of all facilities covered by this
Agreement.
B. The Developer will present to the City either a cash escrow, Letter
of Credit, performance bond or payment bond acceptable to the
City guaranteeing and agreeing to pay an amount equal to 100% of
® the value of the construction cost of all the public facilities to be
constructed by the Developer, and providing for payment to the City
of such amounts, up to the total remaining amounts required for the
completion of the subdivision if the Developer fails to complete the
work within two (2) years of the signing of this Agreement between
the City and Developer. All bonds should be approved by a Best-
rated bonding company. All letters of credit must meet the
Requirements for Irrevocable Letter of Credit attached hereto and
incorporated herein.
The value of the performance bond, letter of credit or cash escrow
will reduce at a rate consistent with the amount of work that has
been completed by the Developer and accepted by the City.
Performance and payment bond, letter of credit or cash escrow
from the prime contractor(s) or other entity reasonably acceptable
to the City, hereinafter referred to as Contractor, will be acceptable
in lieu of Developer's obligations specified above.
5G-3
0 C. The Developer agrees to furnish to the City maintenance bonds,
letter of credit or cash escrow amounting to 20% of the cost of
construction of underground public utilities and 50% for the paving.
These maintenance bonds, letter of credit or cash escrow will be for
a period of two (2) years and will be issued prior to the final City
acceptance of the subdivision. The maintenance bonds, letter of
credit or cash escrow will be supplied to the City by the contractors
performing the work, and the City will be named as the beneficiary
if the contractors fail to perform any required maintenance.
D. It is further agreed and understood by the parties hereto that upon
acceptance by City, title to all facilities and improvements
mentioned hereinabove, which are intended to be public facilities,
shall be vested in the City of Southlake, and Developer hereby
relinquishes any right, title, or interest in and to said facilities or any
part thereof. It is further understood and agreed that until the City
accepts such improvements, City shall have no liability or
responsibility in connection with any such facilities. Acceptance of
the facilities for this provision and for the entire Agreement shall
occur at such time that City, through its City Manager of his duly
appointed representative, provides Developer with a written
acknowledgement that all facilities are complete, have been
IIIinspected and approved and are being accepted by the City.
E. On all public facilities included in this Agreement for which
Developer awards his own construction contract, 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;
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c. Trench testing (95% Standard);
d. The additional charge for inspections during Saturday,
Sunday, holidays, and after normal working hours;
e. Any charges for retesting as a result of failed tests;
f. All gradation tests required to insure proper cement
and/or lime stabilization.
2. The City agrees to bear the expense of:
a. All nuclear density tests on the roadway subgrade
(95% Standard);
b. Technicians time for preparing concrete cylinders;
and
c. Concrete cylinder tests and concrete coring samples.
The City can delay connection of buildings to service lines or
water mains constructed under this Agreement until said
water mains and service lines have been completed to the
411
satisfaction of and acceptance by the City.
F. The Developer will be responsible for mowing all grass and weeds
and otherwise reasonably maintaining the aesthetics of all land and
lots in said subdivision which have not been sold to third parties.
After fifteen (15) days written notice, should the Developer fail in
this responsibility, the City may contract for this service and bill the
Developer for reasonable costs. Such amount shall become a lien
upon all real property of the subdivision so maintained by the City,
and not previously conveyed to other third parties, 120 days after
Developer has notice of costs.
G. Any guarantee of payment instrument (Performance Bond, Letter of
Credit, etc.) submitted by the Developer or Contractor on a form
other than the one which has been previously approved by the City
as "acceptable" shall be submitted to the City Attorney for the City
and this Agreement shall not be considered in effect until such City
Attorney has approved the instrument. Approval by the City shall
not be unreasonably withheld or delayed.
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• H. Any surety company through which a bond is written shall be a
surety company duly authorized to do business in the State of
Texas, provided that the City, through the City Manager, shall retain
the right to reject any surety company as a surety for any work
under this or any other Developer's Agreement within the City of
Southlake regardless of such company's authorization to do
business in Texas. Approval by the City shall not be unreasonably
withheld or delayed.
I. The Developer agrees to fully comply with the terms and conditions
of all other applicable development regulations and ordinances of
the City of Southlake.
J. The Developer agrees that the completed project will be
constructed in conformance with the Development Site Plan,
Construction Plans and other permits or regulatory authorizations
granted by the City during the development review process.
II. FACILITIES
A. ON-SITE WATER
IIIThe Developer hereby agrees to install water facilities to service
lots as shown on the final plat of Addition to the City of Southlake.
Water facilities will be installed in accordance with plans and
specifications to be prepared by the Developer's engineer and
released by the City. Further, the 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 of Southlake requirements, the City will reimburse the
Developer for the oversize cost greater than the cost of an 8" line.
Additionally, the City agrees to provide temporary water service at
Developer's request and expense, for construction, testing and
irrigation purposes only, to individual lots during the construction of
buildings, even though sanitary sewer service may not be available
to the buildings.
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B. DRAINAGE
Developer hereby agrees to construct the necessary drainage
facilities within the Addition. These facilities shall be in accordance
with the plans and specifications to be prepared by Developer's
engineers, released by the City Engineer, the City, and made part
of the final plat as approved by the City Council. The Developer
hereby agrees to fully comply with all EPA requirements relating to
the planning, permitting and management of storm water which
may be in force at the time that development proposals are being
presented for approval by the City.
C. STREETS
The street construction in the Addition, commercial development of
the City of Southlake will be installed in accordance with plans and
specifications to be prepared by the Developer's engineer and
released by the City Engineer.
1. The Developer will be responsible for:
a) Installation and two year operation of street lights;
b) Installation of all street signs designating the names
of the streets inside the subdivision, said signs to be
of a type, size, color and design standard generally
employed by the Developer and approved by the City
in accordance with City ordinances;
c) Installation of all regulatory signs recommended
based upon the Manual on Uniform Traffic Control
Devices as prepared by the Developer's engineer by
an engineering study or direction of the Director of
Public Works.
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Pvr.
2. All street improvements will be subject to inspection and
approval by the City of Southlake. No work will begin on any
street included herein prior to complying with the
requirements contained elsewhere in this Agreement. All
water, sanitary sewer, 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
has agreed to advise the City Director of Public Works as
quickly as possible when such a need has been identified
and to work cooperatively with the City to make such utility
change in a manner that will be least disruptive to street
411 construction or stability.
D. ON-SITE SANITARY SEWER FACILITIES
The Developer hereby agrees to install sanitary sewage collection
facilities to service lots as shown on the final plat of Addition to the
City of Southlake. Sanitary sewer facilities will be installed in
• accordance with the plans and specifications to be prepared by the
Developer's engineer and released by the City. Further, the
Developer agrees to complete this installation in compliance with all
applicable city ordinances, regulations and codes and shall be
responsible for all construction costs, materials, engineering,
permits and Impact Fees. In the event that certain sewer lines are
to be oversized because of City of Southlake requirements, the City
will reimburse the Developer for the oversize cost greater than the
cost of an 8" line.
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5G-8
E. EROSION CONTROL
During construction of the subdivision and after the streets have
been installed, the Developer agrees to keep the streets free from
soil build-up. The Developer agrees to use soil control measures
such as hay bales, silt screening, hydromulch, etc., to prevent soil
erosion. It will be the Developer's responsibility to present to the
Director of Public Works a soil control development plan that will be
implemented for this subdivision. When in the opinion of the
Director of Public Works there is sufficient soil build-up on the
streets or other drainage areas and notification has been given to
the Developer, the Developer will have seventy-two (72) hours to
clear the soil from the affected areas. If the Developer does not
remove the soil within 72 hours, the City may cause the soil to be
removed either by contract or City forces and place the soil within
the subdivision at the contractor's expense. All fees owed to the
City will be collected prior to acceptance of the subdivision.
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 items such as walls, vegetation, signage, landscaping,
street furniture, pond and lake improvements until such
responsibility is turned over to a homeowners association.
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5G-9
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G. USE OF PUBLIC RIGHT-OF-WAY
It is understood by and between the City and Developer that the
Developer may provide unique amenities within public right-of-way,
such as landscaping, irrigation, lighting, etc., for the enhancement
of the Addition. The Developer agrees to maintain these amenities
until such responsibility is turned over to a homeowners
association. The Developer understands that the City shall not be
responsible for the replacement of these amenities under any
circumstances and further agrees to indemnify and hold harmless
the City from any and all damages, loss or liability of any kind
whatsoever by reason of injury to property or third person
occasioned by its use of the 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 water, sewer, streets or drainage
facilities can begin, the following must take place:
0 1. Approved payment and performance bonds submitted to the
City in the name of the City prior to commencement of any
work.
2. At least five (5) sets of construction plans stamped
"Released for Construction" by the City Engineer.
3. All fees required by the City to be paid to the City.
4. The Developer, or Contractor, shall furnish to the City a
policy of general liability insurance.
5. A Pre-Construction Meeting to be held with all Contractors,
major Sub-Contractors, Utilities and appropriate Government
Agencies.
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5G-10
III. GENERAL PROVISIONS
A. INDEMNIFICATION
DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND
DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND
CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES,
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR
PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, (INCLUDING, WITHOUT LIMITATION,
REASONABLE FEES AND EXPENSES OF ATTORNEYS,
EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING
OUT OF OR IN CONNECTION WITH, DIRECTLY OR
INDIRECTLY, THE CONSTRUCTION, MAINTENANCE,
OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID
IMPROVEMENT OR IMPROVEMENTS, AND SHALL FURTHER
BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY,
ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL
ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
• SUBCONTRACTORS, LICENSEES, INVITEES OR
TRESPASSERS.
DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS
OFFICERS AND EMPLOYEES FOR ANY DAMAGES, CLAIMS
OR LIABILITIES ARISING FROM THE NEGLIGENT ACT OR
OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR
OMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES.
B. Venue of any action brought hereunder shall be in Fort Worth,
Tarrant County, Texas.
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5G-11
pprr
• C. Approval by the City Engineer or other City employee of any plans,
designs or specifications submitted by the Developer pursuant to
this Agreement shall not constitute or be deemed to be a release of
the responsibility and liability of the Developer, his engineer,
employees, officers or agents for the accuracy and competency of
their design and specifications. Such approval shall not be deemed
to be an assumption of such responsibility and liability by the City
for any defect in the design and specifications prepared by the
consulting engineer, his officers, agents, servants or employees, it
being the intent of the parties that approval by the City Engineer
signifies the City's approval on only the general design concept of
the improvements to be constructed. In this connection, the
Developer shall for a period of two (2) years after the acceptance
by the City of Southlake of the completed construction project,
indemnify and hold harmless the City, its officers, agents, servants
and employees, from any loss, damage, liability or expense on
account of damage to property and injuries, including death, to any
and all persons which may arise out of any defect, deficiency or
negligence of the engineer's designs and specifications
incorporated into any improvements constructed in accordance
therewith, and the Developer shall defend at his own expense any
• suits or other proceedings brought against the City, its officers,
agents, servants or employees, or any of them, on account thereof,
to pay all expenses and satisfy all judgements which may be
incurred by or rendered against them or any of them in connection
with herewith.
D. This Agreement or any part thereof or any interest herein, shall not
be assigned by the Developer without the express written consent
of the City Manager, which shall not be unreasonably withheld or
delayed.
E. On all facilities included in this Agreement for which the Developer
awards his or her own construction contract, the Developer agrees
to employ a construction contractor who is approved by the City,
and whose approval shall not be unreasonably withheld or delayed,
said contractor to meet City and statutory requirements for being
insured, licensed and bonded to do work in public projects and to
be qualified in all respects to bid on public projects and to be
qualified in all respects to bid on public projects of a similar nature.
In addition, the Developer, or Contractor shall furnish the payment
and performance bonds in the name of the City prior to the
III commencement of any work hereunder and shall also furnish to the
City a policy of general liability insurance.
5G-12
PrIFF-
F. Work performed under the Agreement shall be completed within
two (2) years from the date thereof. In the event the work is not
completed within the two (2) year period, the City may, at its
election, draw down on the performance bond, letter of credit or
other security provided by Developer and complete such work at
Developer's expense; provided, however, that is the construction
under this Agreement shall have been started within the two (2)
year period, the City may agree to renew the Agreement with such
renewed Agreement to be in compliance with the City policies in
effect at that time.
IV. OTHER ISSUES
A. OFF-SITE DRAINAGE
B. OFF-SITE SEWER
C. OFF-SITE WATER
D. PARK FEES
The Developer agrees to pay the Park Fee of$800.00 per acre, in
• accordance with the Subdivision Ordinance No. 483-F, Section 7.0.
There are approximately 1.554 acres in Addition, which would bring
the total cost of Park Fees to $ 1,243.20.
E. TREE PRESERVATION ORDINANCE
All construction activities shall meet the requirements of the Tree
Preservation Ordinance No. 585-A.
SIGNED AND EFFECTIVE on the date last set forth below.
DEVELOPER:
By:
Title:
Address:
5G-13
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PPPP
STATE OF
COUNTY OF
On , before me,
Notary Public, personally appeared , personally
known to me (or proved to me on the basis of satisfactory evidence) to be the
person whose name is subscribed to the within instrument and acknowledged to
me that he executed the same in his authorized capacity, and that by his
signature on the instrument, the person, or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
• Notary Public (SEAL)
My commission expires:
CITY OF SOUTHLAKE, TEXAS
By:
Rick Stacy, Mayor
ATTEST:
Sandra LeGrand, City Secretary
Date:
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5G-14
IFF -
0 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT
1. The Letter of Credit must have a duration of at least one year.
2. The Letter of Credit 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 Letter of Credit must be issued by a 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 Letter of Credit 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.
ill6. Partial drawings against Letters of Credit 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 Letter of
Credit.
9. Expiring Letter of Credit must be replaced by substitute Letters of Credit at
least 30 days prior to the expiration date on the Letter of Credit held by the
City.
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5G-15
City of Southlake, Texas
MEMORANDUM
• October 16, 1998
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Authorization to advertise for bids for water, sanitary sewer, and
road improvements on Lake Drive
Background
Proposed improvements to Lake Drive include a new water line, a new sanitary sewer
line, and rehabilitation of the pavement. The current water line is undersized and the
sewer line will serve residents located on the east side of the street.
On September 9, 1998, staff met with SPIN #3 Representative Milan Georgia and
residents of Lake Drive. The main outcome of that meeting was that the residents
requested that the reconstruction of their street be completed with a pavement width of
18-ft. rather than the standard 22-ft. cross-section as they believe that narrower
• roadway will discourage traffic from speeding. Additionally, the speed limit on Lake
Drive was reduced to 25 mph at the October 6, 1998 City Council meeting since the
narrower roadway may cause safety hazards at faster speeds of travel. Staff is
recommending that Council authorize Lake Drive to be built only 18-ft. wide rather
than the standard 22-ft. width.
The CIP budget provides $169,000 for this project.
Recommendation
Staff recommends Council authorize advertisement for bids for water, sanitary sewer,
and road improvements on Lake Drive. Please place this item on the October 20, 1998
Regular City Council Agenda for City Council review and consideration.
BW/cre
Attachment: Map Exhibit
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City of Southlake, Texas
MEMORANDUM
• October 16, 1998
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Award of bid to Sefco, Inc. for the construction of a second five
million gallon ground storage tank at F.M. 1709 and Pearson Lane
Background
Due to the recent water supply situation, it has been requested that the second five million
gallon ground storage tank at Pearson Lane and F.M. 1709 programmed for future
construction be moved up in priority. On September 1, 1998, Council authorized staff to
advertise for bids for this project. Low bidder for the project is Sefco, Inc. with a bid of
$1,469,351.
This proposed second tank at pump station no. 1 and the five million gallon storage tank
on T.W. King will increase the City's storage capacity substantially and provide a buffer
for emergencies during peak water usage. Until the proposed "loop" (30-36 inch from
F.M. 1709 to S.H. 114) is complete (staff's goal is summer of FY 2000) extreme dry
weather, which causes large "peak" days, could require that water usage need to be
controlled. However, emergency conditions created by the problems in Ft. Worth and
with the Tarrant Water Supply District can not be anticipated. By constructing the
additional ground storage in FY 1999, Southlake will be better able to manage short-term
emergency situations. If Council approves construction of the second five million gallon
ground storage tank at Pearson this year, the City will have an additional 11.5 million
gallons in storage for 1999. Additional storage will then consist of five million gallons
at Pearson, five million gallons at T.W. King and 1.5 million in the Miron elevated tank.
The estimated cost of the proposed tank was $1,687,400. This cost estimate included the
tank, grading, fencing, additional pipe, and some engineering as most of the engineering
is complete. The engineering contract was for $68,594.40, therefore, this bid brings the
total project cost to $1,755,994.40.
Bid advertisements were published September 13 and 20, 1998. Bids were publicly
opened and read aloud on September 30, 1998. The attached bid tabulations were
provided by Cheatham and Associates.
City Council should be aware that there was an irregularity in the bid opening. The bid
from Sefco, Inc. was delivered to 667 N. Carroll Ave. by Federal Express before the
posted time for the bid opening. As the package was addressed to the City Secretary, a
5J-I
clerk placed the package in the inter-office mail. At the posted time for the opening and
reading of bids, only the bids from Tank Builders and Architectural Utilities were
publicly read. When the City Secretary returned to her office she discovered the third
bid. After consultation with the City Attorney, it was determined that because the City
made a clerical error the bid could be opened. The previous two bidders were called,
informed of the situation and invited to attend the bid opening if they desired. Both
bidders declined to attend. The City Secretary then opened the bid from Sefco, Inc. and it
was the low bid.
Because the low bidder, Sefco, Inc., has not worked for the City of Southlake before, the
engineer of record, Eddie Cheatham, and Deputy Director Charlie Thomas have
investigated this company. References have been checked, engineering companies and
cities that have used Sefco have been called, Sefco's personnel have been interviewed and
a site visit to their manufacturing plant was conducted. Staff received good reports on
this company, and found nothing which would be of concern.
Funding/Fiscal Impact
Items within the FY 98-99 CIP budget have been reprioritized to provide funding or this
project. Existing funds for the 24-inch transmission line from Trophy Club (line item 35
in the CIP project list) can be utilized due to a delay in acquisition of easements. Funds
for the utility relocations for SH 114 (line item 59) are also available. Additionally, the
extension of S. Kimball Ave. (line item 79) is anticipated to be completed with developer
participation. This provides a total $1,787,400 for the construction of a second ground
• storage tank at Pearson Lane and F.M. 1709. The projects from which funds are being
reallocated will be funded over subsequent years.
Item No. 2 of this bid, totaling $32,500, is for a "clear coat" to be placed on tank No. 1 at
Pump Station No. 1 (Pearson and Southlake Blvd.). The tank paint manufacturer,
Tenemic. has recommended that a "clear coat" be applied to reduce the fading of the
paint and thus delay the need for repainting. Staff recommends that the "clear coat" be
applied as a preventative maintenance measure.
Recommendation
Staff recommends Council award the contract for the construction of a second five
million gallon ground storage tank at Pearson and F.M. 1709 to Sefco, Inc. in the amount
of $1,469.351. Please place this item on the October 20, 1998 Regular City Council
Agenda for City Council review and consideration.
B W/cre
Attachment: Letter from Eddie Cheatham, P.E.
Bid Tabulation
•
5J-2
CHEATHAM
AND
ASSOCIATES
0
September 30, 1998
Mr. Robert Whitehead. P.E.
Director of Public Works
City of Southlake
667 N. Carroll Avenue
Southlake, TX 76092
Re: Project No. 001-918A
City of Southlake
5 MG Ground Storage Tank
Booster Pump Station Site No. 1
Dear Mr. Whitehead,
As advertised, bids for the referenced project were received, opened and read publicly at 10:30
o'clock A.M., September 30, 1998. The low bidder for this project is Sefco, Inc.
• We have checked several references, and visited Sefco's plant in Tulsa. Based upon knowledge
obtained by owners and engineers on completed projects, we feel that Sefco can satisfactorily
perform the work as specified and construct the storage tank within the time allowed.
We have checked the proposal and find it to be in order. Therefore, we recommend award of the
contract to Sefco, Inc. in the amount of$ 1,469,35 1.00. We enclose a bid tabulation for your use.
If we may be of'further service in this matter, please advise.
Respectfully,
<1� �,,.,
Eddie Cheatham, P.E.
F V,ORD'SOUTHLAK5t3-A•Recommend.award.v,pd
Enclosure: Bid Tabulation
cc: Charlie Thomas
Shawn Poe
• ENGINEERS • PLANNERS • SURVEYORS
A Subsidiary Firm of Southwest Planning and Design, Inc.
1601 E. Lamar Blvd. • Suite 200 • Arlington, Texas 76011
817/548-0696 • Metro 265-8836 • Fax 817/265-8532
5J-3
• 0 •
WATER SYSTEM IMPROVEMENTS JOB NO. 001-518A
CHEATHAM & ASSOCIATES BID TABULATION SHEET 1 OF 1
OWNER: CITY OF SOUTHLAKE Sefco,Inc. Tank Builders Architectural Utilities (Bidder Name)
7274 W.81st St. P.O.Box 1527 P.O.Box 11586 (Street Address)
JOB TITLE: 5MG GROUND STORAGE TANK Tulsa,OK 74131-3244 Euless,TX 76039 Ft. Worth, DC 76110 (City,State,Zipcode)
BOOSTER PUMP STATION SITE NO.1 PHONE: 918/224-2358 PHONE: 817/571-4044 PHONE: 817/926-4377 PHONE:
.PROJ.MGR: BILL LOHRKE FAX: 918/227-0395 FAX: 817/571-4544 FAX: 817/926-4387 FAX:
AMT.BID: $1,469,351 AMT.BID: $1,496,800 AMT.BID: $1,891,700 AMT.BID: $0.00
BID DATE: SEPTEMBER 30,1998 JOB NO. 001-518A
ITEM PLAN UNIT UNIT UNIT UNIT
NO. ITEM DESCRIPTION UNIT QTY. PRICE COST PRICE COST PRICE COST PRICE COST
1 5MG CIRCULAR WELDED STEEL TANK L.S. 1 $1,436,851 $1,436,851 $1,470,000 $1,470,000 $1,867,700 $1,867,700 $0.00
2 SURFACE PREPARATIONS L.S. 1 $32,500 $32,500 $26,800 $26,800 $24,000 $24,000 $0.00
TOTAL BID PRICE $1,469,351 $1,496,800 $1,891,700 $0.00
(ITEMS 1 82)
01
Cr
.A
City of Southlake,Texas
MEMORANDUM
October 16, 1998
TO: Curtis E. Hawk, City Manager
FROM: Shana K. Yelverton, Assistant City Manager
SUBJECT: Resolution No. 98-71, Canceling the November 3, 1998 regular City Council
meeting
The May election to amend the Charter included a proposition which would allow for the
cancellation of a regular City Council meeting by posting a 72-hour notice. Since November
3, 1998 is the general election day and the date of the first regular scheduled meeting of the
City Council for November, Council may wish to consider canceling their regular meeting for
that date. The proposed resolution accomplishes this.
Please place resolution 98-71 on the October 20, 1998 agenda for Council's consideration.
SKY
Sk1
City of Southlake,Texas
RESOLUTION NO. 98-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE
CANCELING THE REGULAR SCHEDULED CITY COUNCIL MEETING
FOR TUESDAY, NOVEMBER 3, 1998.
WHEREAS, Tuesday, November 3, 1998 is the general election day and the date of the first
regular scheduled City Council meeting for November, 1998; and
WHEREAS, the Charter of the City of Southlake was, amended by the voters on May 2,
1998, authorizing the City Council to cancel or move the date of a regular City Council meeting by
posting a 72-hour notice in accordance with State law; and
WHEREAS, the City Council of the City of Southlake believes it is appropriate to avoid any
scheduling conflicts with the general election day;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
The regular City Council meeting scheduled for Tuesday, November 3, 1998 is hereby
cancelled, and the City Secretary is directed to post a 72-hour notice in accordance with state law of
the cancellation of the meeting.
SECTION 2.
This cancellation shall apply only to the regular City Council meeting of Tuesday, November
3, 1998.
PASSED AND APPROVED ON THIS DAY OF , 1998.
Mayor Rick Stacy
ATTEST:
Sandra L. LeGrand
City Secretary
M:\WD-FILES\RESOLUTI\98-72-Canal Nov 3 Mtg.doc/kb
City of Southlake,Texas
•STAFF REPORT
e October 16, 1998
CASE NO:. ZA 98-105 PROJECT: Revised Concept Plan/ St. Martin-in-the-Fields
STAFF CONTACT: Dennis Killough, Senior Current Planner, 481-5581, ext. 787
REQUESTED ACTION: Revised Concept Plan for St. Martin-in-the-Fields on property
legally described as being,Lot 1, Block 1, St. Martin-in-the-Fields
Addition, an addition to the City of Southlake, Tarrant County,
Texas,according to the plat recorded in Cabinet A, Slide 1346,Plat
Records, Tarrant County, Texas, and being approximately 7.044
acres.
LOCATION: East side of South Pearson Lane approximately 800' south of West
Southlake Boulevard(F.M. 1709).
OWNER: St. Martin-In-The-Fields
APPLICANT: D/B Constructors, Inc.
• CURRENT ZONING: "CS" Community Service District
LAND USE CATEGORY: Public/Semi-Public
NO. NOTICES SENT: Four (4)
RESPONSES: One (1)response was received within the 200'notification area:
• The Rev. Frank B. Reeves(St. Martin-in-the-Fields Episcopal
Church), 223 South Pearson Lane, Southlake, Texas,in favor.
(Received 9/29/98)
P&Z ACTION: October 8, 1998; Approved (7-0) subject to Concept Plan Review
Summary No. 1, dated October 2, 1998, allowing existing parking
as hown (Item #4a); accepting applicant's acknowledgment to
substitute an equal amount of landscaping to a different location to
a future Site Plan; deferring Item#4b (bufferyard) to a future Site
Plan;requiring a letter to be placed in the file for reciprocal parking
agreement(Item#6); and requiring parking islands in future parking
areas.
• _
'V City of Southlake,Texas
- STAFF - .�...=.,.F�. _
Aih
COMMENTS: The applicant has met'all requirements4in:Concept�:�Plan`"Review
lir
Summary No. '1, dated October 2, 1998, with-the exception of
those listed in Concept Plan Review Summary No. 2, dated
October 16, 1998.
L:\CONiDEV\WP-FILES\MEMO\98CASES\98-105CP.WPD
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City of Southlake,Texas
CONCEPT PLAN REVIEW SUMMARY .
Sase No: ZA 98-105 Review No: Two Date of Review: 10/16/98
Project Name: Revised Concept Plan-St. Martin-in-the-Fields, Lots 1.Block 1, St. Martin-in-the-Fields
Addition
APPLICANT: ENGINEER:
St. Martin-in-the-Fields D/B Constructors Inc.
223 S. Pearson Lane 2400 Great Southwest Parkway
Southlake, TX 76092 Ft. Worth, TX 76106
Phone: (817) 431-2396 Phone: (817) 626-7300 '
Fax: (817)431-5407 Attn Rev. Frank Reeves Fax: (817) 626-9305 Attn: Alan Jackson
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/12/98 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT
PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS
OR NEED FURTHER CLARIFICATION,PLEASE CONTACT EDWARD MCROY AT(817)481-5581,EXT. 880.
:<oKx:Ks::•::rf:ecsoK,c:x•:;:_:•:^•::•ax•.u,,•.:tu:::..�.;•ssk.r:t.x::.v:nxc��o-srrwrr.o-::r.•:xKs•::;::.+rr�,•:•:cxa:axw�fn:a;o-src:vc�c•:•;::::c:or.•x•::���::«or::ccx¢a;:s:ramtiww�•:s::rn:'Kx:cv�r:•:•a:•:�:sssx:• :.^•.c•:.s!a:�tia��»:rrn
1. The following changes are needed with regard to landscaping and bufferyards:
a. Provide the required landscape parking islands.A total of 10 sf of landscape island per parking
stall is required. Parking islands must be a minimum of 9' wide and equal to the depth of the
stall(s) and should be located with each row or tier of parking stalls. Islands were shown on
• the previous Concept Plan. (P&Z Action 10/08/98 Waive until future building expansion)
b. A 5' Type"A" bufferyard is required along the south property line of Lot 1. Provide
bufferyards, landscape area and plantings in compliance with the attached chart. (P&Z Action
10/08/98 Defer to site plan approval)
• 2. Show any dumpsters or trash receptacles with associated screening. •
3. A parking space within the double row of parking appears to encroach into the fire lane. A minimum
depth of 18' is required on all parking spaces.
4. Change the "Site Plan" designation located in the lower right-hand corner of the exhibit to "Concept
Plan".
* Lot 2, Block 1 is not part of this request. A Revised Concept Plan and/or Site Plan will be required
prior to issuance of a building permit for structures not approved by the previous Concept Plan. The •
"Future Community Center"was not part of the previously approved Concept Plan.
* This site falls within the applicability of the residential adjacency standards as amended by Ordinance
480-CC,Section 43,Part III"Residential Adjacency Standards". Although no review of the following
issues is provided with this concept plan,the applicant must evaluate the site for compliance prior to
• submittal of the site plan. A Site Plan must be submitted and approved by the Planning and Zoning
Commission and City Council prior to issuance of a building permit. Note that these issues are only
-1 A -6 f.
City of Southlake,Texas
the major areas of site plan review and that the applicant is responsible for compliance with all
11
site plan requirements:
• Masonry requirements per §43.13a, Ordinance 480, as amended and Masonry Ordinance No.
557, as amended.
• Roof design standards per § 43.13b, Ordinance 480, as amended
• Mechanical Equipment Screening per § 43.13c, Ordinance 480, as amended.
• Vertical and horizontal building articulation(required on all building facades)per §43.13d,
. Ordinance 480, as amended.
• Building setback standards as per § 43.13h and as shown in exhibit 43-E, Ordinance 480, as
amended.
• Spill-over lighting and noise per §43.13i and §43.13j, Ordinance 480, as amended.
• Off-street parking requirements per §35, Ordinance 480, as amended. All areas intended for
vehicular use must be of an all weather surface material in accordance with the Ordinance No.
480, as amended.
• Screening as per §39.4, Ordinance 480, as amended.
• • Interior landscaping per LandscapeThe landscapeand plant
p g ap Ordinance No. 544. area exhibit
specifications have not been evaluated as a part of this concept plan and are subject to the
review and approval of the Landscape Administrator.
•
• Fire lanes must be approved by the City Fire Department. '
* This review is based on the "CS" Zoning District Regulations.
* Denotes Informational Comment
cc: St. Martin-in-the-Fields VIA FAX ABOVE
DB Constructors Inc. VIA FAS ABOVE -
L:\COMDEV\WP-FILES\REV198\98105CP2.WPD
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No. 98-105 Review No. Two Dated: 09- 14-98 ; 'Number of Pages:
Project Name: St. Martin-in-the-Fields Addition (Revised Site Plan)
Contact: Keith Martin, Landscape Administrator Phone: (817) 481-5581. x 848 Fax: (817) 421-2175
The following comments are based on the review of plans received on 09 - 24.'- 98 . Comments
designated with a (#) symbol may be incorporated into the formal review to be considered by either the
Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z
or City Council. It is the applicant's responsibility to contact the department representative shown above
and make modifications as required by the comment.
TREE PRESERVATION COMMENTS:
* No protected trees will be removed for the construction of the proposed buildings and parking lot.
No protected trees are existing on the site.
Denotes comments that may be passed on to Planning and Zoning and Council.
Denotes informational comments.
• .
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City of Southlake,Texas
MEMORANDUM
October 15, 1998
TO: Curtis E. Hawk, City Manager
FROM: . Karen P. Gandy, Zoning Administrator -
SUBJECT: Second Reading, Ordinance No. 480-BB, Revising Certain Maximum Lot Coverage
Requirements and Establishing Maximum Impervious Coverage Requirements
Attached is Draft Three of Ordinance No. 480-BB. No changes have been made since first reading which
was approved on consent with a(6-1)vote. This draft reflects the final recommendations of the Impervious •
Coverage Work Group and the'Planning and Zoning Commission. The Commission recommended approval
• with a (7-0) vote at their September 3, 1998 meeting. Recall that the work group was comprised of
Councilpersons Fawks(Chair),Martin, and Edmondson;Commissioners'Creighton, Murphy, and LeVrier;
Developers Wilkinson,McMahan,Drews, Yetis,Kuhlman,Wright, Schelling, and Myers and-staff members
Gandy and Last. •Discussions on this topic began last summer in combination with residential adjacency.
Five meetings, beginning in May, 1998, were specifically devoted to impervious coverage (althougk the
developers held several additional meetings to work on their proposal).
This ordinance amendment proposes changes to the maximum lot coverage regulations for the ME-2, B-1,
B-2, and HC zoning districts. It proposes decreasing MF-2's maximum lot coverage from 50%to 40% and
establishes 50%maximum lot coverage for the remaining three districts., Previously, the B-1, B.-2, and HC .
• districts' maximum lot coverage was determined by the Commission and;the Council at the time of site plan
approval.
Ordinance 480-BB also establishes new regulations for maximum impervious coverage in all non-single
family residential districts. Also provided within the amendment is a sliding scale whereby all non-single
family residentially-zoned properties (except I-1 and I-2) may"earn" additional impervious coverage
(+5%max.)if additional bufferyard depths, larger parking islands, or increased interior landscaping areas
are,provided in the front or sides of the proposed buildings. • .
•Maximum impervious coverages for properties zoned I-1 and I-2-are determined bythe geographic location
of the property. Typically, maximum impervious coverage for industrial properties shall not exceed eighty
percent (80%)of the total lot area;unless the property is designated as Industrial on the currently adopted
Land Use Plan and is bounded by East Continental Blvd. and the proposed S. Kimball Avenue extension
on the North; Brumlow Avenue on the West, and S.H. 26 on the South, then the maximum impervious
coverage shall not exceed eighty-five(85%) of the total lot area.
Recall that the work group's objective for drafting this amendment was to preserve natural areas and/or
create areas of open space in an effort 1) to lessen the impacts of parking areas, 2) to increase the
survivability of existing native trees by keeping the critical root zone open for water and gas exchange, and
3)to lessen the impact of drainage run-off.
1B— I
City of Southlake,Texas •
Three(3)definitions which are pertinent to this discussion are as follows:
• "IMPERVIOUS COVERAGE-the combined areaoccupied
occup d by all principal and accessory
buildings, structures, and paved parking, sidewalks, and driveway areas."
LOT COVERAGE - the percentage of the total area of a lot occupied by the base (first
story or floor) of buildings located on the lot.
OPEN SPACE - an area of a lot either left in a natural state or receiving permeable
vegetative landscape treatment(e.g., ponds and lakes, either natural or manmade, and water
features, grass, shrubs, flowers, trees, ground cover, etc.). (As approved with the adoption of Ordinance
No.480-Y)"
Should you have questions regarding any of the above of the attachments,please call me at (817)481-5581,
extension 743.
KPG
•
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>?Elit'di€iikii i:::::»= N/A N/A N/A In front bufferyards,require For all noted districts
Mg#SATMO.g$M landscape berms and double except I-1 and I-2:
the number of cano trees. Variances maybe
PY
granted to increase the
impervious coverage
g
u P to a maximum of
5% if the following
criteria is met for each
1% of impervious p rnuso
covers g a granted,the
applicant add shall a d an
additional 2 feet to the
»' >':.
depth of the required
........................................
bufferyard(s)adjacent
to any street and an
additional 1 foot of
required--------------------
depth to the aqi ed
OMMEMENIRp
............. ....................... sideand rear bufferyards
• *Area 1: The property adjacent to Southlake Blvd.,Highway 114,Davis Blvd.and East of Carroll Ave.between Southlake Blvd.&Hwy 114.
•Area 2: All other property.
t Area A:The areas more likely to have residential traffic nearby.
$Area B:Property shown on the Land Use Plan as Industrial:East of Brumlow and South of Continental Blvd.and a line extending East to Hwy 26.
s
• 0 0
. APPENDIX A
11
Schedule of District Regulations
Pg. 1 of 2
Min.Lot Size Requirements Min.Yard Requirements Building Height
Zoning District Min. Max. Min. Min. Min. Min. Min. Min. Max. Max. Max.
Floor Res. Lot Lot Lot Front Side Rear Building Building Lot
Area Density Area Width Depth Yard Yard Yard Height Height Coverage
Per D.U. * (s.f.) (ft.) (ft.) (ft.) (ft.) (ft.) (stories) - (ft.) (%)
AG Agricultural 1,500 0.10 435,600 300 500 40 25 40 2.5 35 10
RE Residential Estate 2,000 0.20 217,800 300 300 40 25 40 2.5 35 30A
SF1A Single Family Residential 2,000 1.00 43,560 100 125 40 20 40 2.5 35 20a
SF1B Single Family Residential 1,500 1.00 43,560 100 125 40 20 40 2.5 35 20H
,J SF30 Single Family Residentialt 1,800 1.45 30,000 100 125 35 20 40 2.5 35 20c
% SF20A Single Family Residentialt 1,800 2.18 20,000 - 100 125 35 15 40H 2.5 35 30D
SF2OB Single Family Residentialt 1,500 , 2.18 20,000 100 125 35 15 40H 2.5 35 30D
MF-1 Two Family Residentialt*** 1,500 4.36 20,000 100 125 40 20 40 2.5 35 30E j
MF-2 Multiple Family (See specific regulations in Section 17 of the Zoning Ordinance)
Residential$***
MH Manufactured Housing 1,250 6,000 60 25F 150 15 i 2.5 35
* -Maximum residential density is the number of dwelling units(d.u.)per gross acre.
**-No single family(either attached or detached)may be authorized.
***The maximum impervious coverage allowed for lots zoned MF-1 is 40%,and for lots zoned MF-2 is 50%.
t -Concept plan is required when applying for zoning request.
$ -Site plan is required when applying for zoning request.
A-Sum total of accessory buildings shall not exceed 5%of the lot area.
B-Sum total of accessory buildings shall not exceed 1,000 square feet.
C-Sum total of accessory buildings shall not exceed 750 square feet.
D-Sum total of accessory buildings shall not exceed 600 square feet.
E-Sum total of accessory buildings shall not exceed 100 square feet per dwelling unit.
F-On corner lots minimum of 15 foot on second front yard.
G-For interior lots;on corner lots 5 feet side yard where adjacent to interior lots.
H-If the lot is on a cul-de-sac,the rear yard minimum is 35 feet.
L:\COMDEV\WP-FILES\ZBA\PENDING\ZONAPNDX.PG1 October 15,1998
_ _vK
• APPEIX A •
Schedule of Dis rict Regulations
Pg. 2 of 2
__ Min.Yard Requirements Building Height
Zoning District
Min. Min. Max. Min. Min. Min. Max. Max. Max. Maximum
Tract Bldg. Bldg. Front Side _Rear Building Building. Lot Impervious
Size Size Size Yard Yard Yard Height Height Coverage Coverage
(acres) (s.f.) (s.f.) (ft.) (ft.) (ft.) (stories) (ft.) (%) (%)
NR-PUD Non-Res.Planned Unit Dev. : 10 (See specific regulations in Section 30 of the Zoning Ordinance)
R-PUD Res.Planned Unit Dev. 50 (See specific regulations in Section 30 of the Zoning Ordinance) 30D
CS Community Servicet 30 15, 10, . 2.5 35 50 650 _ _
0-1 Office 1 3,000 30 15 10, 2.5 35 50 0
65
0-2 Office 2 3,000 30 15, 10, 6.0 90 50 650
CA C-1 Neighborhood Commercial 2,000 10,000 30 15K 10, 2.5 35 50 650 S
(j C-2 Local Retail Commercial 2,000 40,000 30 15K 10, 2.5 35 50 700 =
C-3 General Commercial 2,000 30 15K 10, 3.0 35 50 75o '
C-4 Arterial Mall Commercial 20 2,000 30 15K 10, 6.0 90 60 750
B-1 Business Service Parkt 5 40M 15K 10, 1.0,, 20,, 50 700
B-2 Commercial Manufacturingt 3,000 40m 15K 10, 1.01, 20,, 50 700
I-1 Light Industrial 5 3,000 40m 15, 10, 1.0,, 20,, 50 80p
I-2 Heavy IndustrialN 10 3,000 40m 15, 10, 1.01, 20,, 50 80P =ta'
HC Hotelt 30 15, 10, 6.0 90 50 700';' ''-
S-P-1 (Detailed)Site Plan District$
S-P-2 (Generalized)Site Plan Districtt 2
I-Where abutting a lot zoned as single family residential,there shall be a 25'side yard.M-If not abutting or sharing R.O.W with residential classification,front yard maybe 30.
J-Where abutting a lot zoned as single family residential,there shall be a 25'rear yard. N-Petroleum Operations require site plan approval by City Council.
K-Where abutting a lot zoned single family residential,each portion of a building in 0-Up to an additional 5%Of impervious coverage may be permitted;see the appropriate Zoning •
excess of 15'in height shall be set back one foot for each 1'in height. District Regulations
L-Where a building is more than 100'from any residential classification,maximum P-Certain areas of the city that are designated for industrial use may be allowed 85%impervious
height is 2-1/2 stories and 35'. coverage;see the appropriate Zoning District Regulations ti.;^ -41a` .,.,'..; •„
:..Lt\COIVIDEV*P=FII:ES\ZBA\PENDINCi\ZONAPhIDX.P02 October'15�1998 . - , - '�f�'�t: ���aVA`rO
•
WORDINANCE NO. 480-BB
2
3 AN ORDINANCE AMENDING ORDINANCE NO. 480,AS AMENDED, THE
4 COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
5 SOUTH SAKE, TEXAS; AMENDING CERTAIN REGULATIONS
6 REGARDING LOT COVERAGE; ADDING CERTAIN SECTIONS -
7 REGARDING IMPERVIOUS COVERAGE; AMENDING "IMPERVIOUS
8 COVERAGE" IN SECTION 45.9, "PERSONAL CARE FACILITIES;"
9 AMENDING "APPENDIX A"BY REVISING CERTAIN LOT COVERAGE
10 REQUIREMENTS AND BY ADDING IMPERVIOUS COVERAGE
11 REGULATIONS; PROVIDING THAT THIS ORDINANCE SHALL BE
12 CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
13 CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
14 PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN
15 PAMPAi.E,T FORM; PROVIDING FOR PUBLICATION IN 'THE OFFICIAL
16 NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
17
18
19 WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted
20 by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the
0 Local Government Code; and
22 WHEREAS, the;city has adopted Ordinance No. 480, as amended, as the Comprehensive
23 Zoning Ordinance for the city; and
24 WHEREAS,the city council has determined that it is appropriate and in the best interest of
25 the city to promote the public health, safety, and general welfare of-its residents by amending
26 Ordinance No. 480 as provided herein; and
27 WHEREAS, the city council has further determined that by establishing certain maximum
28 lot coverage and maximum impervious coverage regulations the intensity of development can be
29 controlled; and
30 WHEREAS, the city council has determined that it is in the best interest of the community
ilk to preserve natural areas and maintain areas of open space in order to enhance the natural resources
of the community, to increase the survivability of existing native'trees and to lessen the impacts of
1
6
• parking areas; and
2 WHEREAS, the city adopts these regulations to ensure a desired level of groundwater
3 recharge and to reduce the impacts of surface drainage run-off; and
4 WHEREAS,the city council has given published notice and held public hearings with respect
5 to the amendment of the zoning ordinance as required by law.
6 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
' 7 OF SOUTHLAKE, TEXAS:
8 SECTION 1.
9 Section 16.5 of Ordinance No. 480, as amended, is hereby amended by adding a new paragraph(k),
10 Maximum Impervious Coverage, to read as follows:
11 "Maximum Impervious Coverage: The maximum impervious coverage shall not
410 exceed forty (40%) percent of the total lot area. However, if the following criteria
is met, up to, but not exceeding, an additional 5% of impervious coverage shall be
14 permitted: for each additional one percent (1%) of impervious coverage provided, an
15 additional two feet(2')of width of the required bufferyard(s) adjacent to any street(s)
16 and an additional 1 foot of width to the required side and rear bufferyards shall be
17 added to the site. This requirement may also be satisfied by providing an equivalent
18 amount of land area in the front or sides of the site (exclusive of the bufferyard areas)
19 either by increasing the number and/or size of parking islands, by preserving natural
20 groves of trees, by enhancing natural drainage area, etc. Any alternative means shall
21 be required to have the approval of the Landscape Administrator to ensure that the
22 proposal is practical and will enhance the survivability of existing trees on the site."
23
24 SECTION 2.
25 Section 17.5 of Ordinance No. 480, as amended, is hereby amended by revising paragraph (e),
26 Maximum Lot Coverage, and by adding a new paragraph(1),Maximum Impervious Coverage, to read
27 as follows:
28 "e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot
coverage not exceeding forty(40%) percent of the total lot area.
31 1. Maximum Impervious Coverage: The maximum impervious coverage shall
L:\CIrYDOCSORD\DRAFI'ZONING\480BB-3.CLN 2
""1 a,1
not exceed fifty(50%)percent of the total lot area. However, if the following
2 criteria is met, up to, but not exceeding, an additional 5% of impervious
3 coverage shall be permitted: for each additional one percent (1%) of
4 impervious coverage provided, an additional two feet (2') of width of the
5' required bufferyard(s) adjacent to any street(s) and an additional 1 foot of
6 width to the required side and rear bufferyards shall be added to the site. This -
7 requirement may also be satisfied by providing an equivalent amount of land
8 area in the front or sides of the site(exclusive of the bufferyard areas) either
9 by increasing the number and/or size of parking islands, by preserving natural
10 groves of trees, by enhancing natural drainage area, etc. Any alternative
11 means shall be required to have the approval of the Landscape Administrator
12 to ensure that the proposal is practical and will enhance the survivability of
13 existing trees on the site."
14
15 SECTION 3.
16 Section 22.5 of Ordinance No. 480, as amended, is hereby amended by revising paragraph (e),
17 Maximum Lot Coverage, and by adding a new paragraph(1),Maximum Impervious Coverage, to read
18 as follows:
"e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot
0 coverage not exceeding fifty(50%) percent of the total lot area.
21
22 1. Maximum Impervious Coverage: The maximum impervious coverage shall not
23 exceed seventy-five (75%) percent of the total lot area. However, if the following
24 criteria is met, up to, but not exceeding, an additional 5% of impervious coverage
25 shall be permitted: for each additional one percent (1%) of impervious coverage
26 provided, an additional two feet (2') of width of the required bufferyard(s) adjacent
27 to any street(s) and an additional 1 foot of width to the required side and rear
28 bufferyards shall be added to the site. This requirement may also be satisfied by
29 providing an equivalent amount of land area in the front or sides of the site(exclusive
30 of the bufferyard areas)either by increasing the number and/or size of parking islands,
31 by preserving natural groves of trees, by enhancing natural drainage area, etc. Any
32 alternative means shall be required to have the approval of the Landscape
• 33 Administrator to ensure that the proposal is practical and will enhance the
34 survivability of existing trees on the site."
35 SECTION 4.
36 Sections 24.5 and 25.5 of Ordinance No. 480, as amended, are hereby amended by revising
paragraphs (e), respectively to read as follows:
38 "e. Maximum Lot .Coverage: All buildings or structures shall have a maximum lot
L:\CiIYDOc\ORD\DRAFTZONING\480E&3.CLN 3
/Q
coverage not exceeding fifty(50%) percent of the total lot area." •-
2
3 SECTION 5.
4
5 Section 28.5 of Ordinance No. 480, as amended, is hereby amended by adding the following
6 paragraphs, (e) and (f), establishing maximum lot coverage and maximum impervious coverage
7 requirements to read as follows:
8 "e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot
9 coverage not exceeding fifty(50%) percent of the total lot area.
10
11 f. Maximum Impervious Coverage: The maximum impervious coverage shall
12 not exceed seventy (70%) percent of the total lot area. However, if the
13 following criteria is met, up to, but not exceeding, an additional 5% of
14 impervious coverage shall be permitted: for each additional one percent (1%)
15 of impervious coverage provided, an additional two feet (2') of width of the
16 required bufferyard(s) adjacent to any street(s) and an additional 1 foot of
17 width to the required side and rear bufferyards shall be added to the site. This
18 requirement may also be satisfied by providing an equivalent amount of land
area in the front or sides of the site (exclusive of the bufferyard areas) either
by increasing the number and/or size of parking islands, by preserving natural
40 groves of trees, by enhancing natural drainage area, etc. I Any alternative
22 means shall be required to have the approval.of the Landscape Administrator
23 to ensure that the proposal is practical and will enhance the survivability of
24 existing trees on the site."
25
26 SECTION 6.
27
28 Sections 8.5, 18.5, and 20.5 of Ordinance No. 480, as amended, are hereby amended by adding new
29 paragraphs(f), (i)and (1), respectively, establishing maximum impervious coverage requirements to
30 read as follows:
31 "Maximum Impervious Coverage: The maximum impervious coverage shall not
32 exceed sixty-five(65%)percent of the total'lot area. However, if the following criteria
33 is met, up to, but not exceeding, an additional 5% of impervious coverage shall be
34 permitted: for each additional one percent (1%) of impervious coverage provided, an
35 additional two feet(2') of width of the required bufferyard(s) adjacent to any street(s)
36 and an additional 1 foot of width to the required side and rear bufferyards shall be
37 added to the site. This requirement may also be satisfied by providing an equivalent
• amount of land area in the front or sides of the site(exclusive of the bufferyard areas)
either by increasing the number and/or size of parking islands, by preserving natural
40 groves of trees,by enhancing natural drainage area, etc. Any alternative means shall
L:ICITYDOCSORDADRAFIVONING1480BB-3.CLN 4
']Q..a
pPlIP7
be required to have the approval of the Landscape Administrator to ensure that the
2 proposal is practical and will enhance the survivability of existing trees on the site."
3
4 SECTION 7.
5
6 Sections 21.5,24.5, and 25.5 of Ordinance No. 480, as amended, are hereby amended by adding-new
7 paragraphs (1), (p), and (i), respectively, establishing maximum impervious coverage requirements
8 to read as follows:
9 "Maximum Impervious Coverage: The maximum impervious coverage shall not
10 exceed seventy(70%)percent of the total lot area. However, if the following criteria
11 is met, up to, but not exceeding, an additional 5% of impervious coverage shall be
12, permitted: for each additional one percent (1%) of impervious coverage provided, an
13 additional two feet(2')of width of the required bufferyard(s) adjacent to any street(s)
14 and an additional 1 foot of width to the required side and rear bufferyards shall be
15 added to the site. This requirement may also be satisfied by providing an equivalent
16 amount of land area in the front or sides of the site(exclusive of the bufferyard areas)
17 either by increasing the number and/or size of parking islands, by preserving natural
18 groves of trees,by enhancing natural drainage area, etc. Any alternative means shall
be required to have the approval of the Landscape Administrator to ensure that the
proposal is practical and will enhance the survivability of existing trees on the site."
22
23 SECTION 8.
24
25 Section 23.5 of Ordinance No. 480, as amended, is hereby amended by adding a new paragraph(o),
26 establishing maximum impervious coverage requirements to read as follows:
27 "Maximum Impervious Coverage: The maximum impervious coverage shall not
28 exceed seventy-five percent (75%) of the total lot area. However, if the following
29 criteria is met, up to, but not exceeding, an additional 5% of impervious coverage
30 shall be permitted: for each additional one percent (1%) of impervious coverage
31 provided, an additional two feet (2') of width of the required bufferyard(s) adjacent
32 to any street(s) and an additional 1 foot of width to the required side and rear
33 bufferyards shall be added to the site. This requirement may also be satisfied by
34 providing an equivalent amount of land area in the front or sides of the site (exclusive
35 of the bufferyard areas)either by increasing the number and/or size of parking islands,
36 by preserving natural groves of trees, by enhancing natural drainage area, etc. Any
37 alternative means shall be required to have the approval of the Landscape
38 Administrator to ensure that the proposal is practical and will enhance the
survivability of existing trees on the site."
41
L:ICITYDOCS\ORDIDRAFIVANING1480B13-3.CLN 5
-(a
SECTION 9.
2
3 Sections 26.5(1)and 27.5(1) of Ordinance No. 480, as amended, are hereby amended by adding new
4 paragraphs(1)and(1), respectively, establishing maximum impervious coverage requirements to read
5 as follows:
6
7 "Maximum Impervious Coverage: The maximum impervious coverage shall not
8 exceed eighty percent (80%) of the total lot area; unless the property is designated
9 as Industrial on the currently adopted Land Use Plan and is bounded by East
10 Continental Blvd. and the proposed S. Kimball Avenue extension on the North;
11 Brumlow Avenue on the West, and S.H. 26 on the South, then the maximum
12 impervious coverage shall not exceed eighty-five (85%) of the total lot area."
13
14 SECTION 10.
15
16 Section 45.9(f)(9), "IMPERVIOUS COVERAGE" (for personal care facilities) of Ordinance No.
17 480, as amended, is hereby amended to read as follows:
"Maximum Impervious Coverage: The maximum impervious coverage shall be in
accordance with the underlying zoning district requirements."
21 SECTION 11.
22
23 "APPENDIX A, Schedule of District Regulations" of Ordinance No. 480, as amended, is hereby
24 amended by revising Maximum Lot Coverage and by adding Maximum Impervious Coverage as
25 amended herein.
26 SECTION 12.
27
28 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake,
29 Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such
30 ordinances, in which event the conflicting provisions of such ordinances are hereby repealed.
31 SECTION 13.
32
33 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,
L:\CITYDOCS\ORD\DRAFr ZONINGW8OBB-3.CLN 6
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• paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or
2 decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the
3 remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same
4 would have been enacted by the City Council without the incorporation in this ordinance of any such
5 unconstitutional phrase, clause, sentence, paragraph or section.
6
7 SECTION 14.
8
9 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
10 with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more
11 than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to
12 exist shall constitute a separate offense.
13 SECTION 15.
410 All rights and remedies of the City of Southlake are expressly saved as to any and all
16 violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting
17 zoning yard regulations which have accrued at the time of the effective date of this ordinance; and,
18 as to such accrued violations and all pending litigation, both civil and criminal, whether pending in
19 court or not, under such ordinances, same shall not be affected by this ordinance but,may be
20 prosecuted until final disposition by the courts.
21 SECTION 16.
22
23 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in
24 book or pamphlet form for general distribution among the public, and the operative provisions of this
25 ordinance as so published shall be admissible in evidence in all courts without further proof than the
26 production thereof.
•
L:ICITYDOCSIORDIDRAFIVANING148OBB-3.CLN 7
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1111 SECTION 17.
3 The City Secretary of the City of Southlake is hereby directed to publish the proposed
4 ordinance or its caption and penalty together with a notice setting out the time and place for a public
5 hearing thereon at least ten (10) days before the second reading of this ordinance, and if this
6 ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its
7 provisions,then the City Secretary shall additionally publish this ordinance or its caption and penalty
8 in the official City newspaper one time within ten days after final passage of this ordinance, as
9 required by Section 3.13 of the Charter of the City of Southlake.
10
11 SECTION 18.
12
13 - This ordinance shall be in full force and effect from and after its passage and publication as
14 required by law, and it is so ordained.
•
16 PASSED AND APPROVED ON FIRST READING ON THIS DAY OF
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18 , 1998.
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21 MAYOR
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23 ATTEST:
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27 CITY SECRETARY
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PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
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3 , 1998.
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7 MAYOR
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9 ATTEST:
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14 CITY SECRETARY
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18 EFFECTIVE:
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21 APPROVED AS TO FORM AND LEGALITY:
25 CITY ATTORNEY
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City of Southlake,Texas
MEMORANDUM
4,
October 16, 1998
TO: Curtis E. Hawk, City Manager
FROM: Lou Ann Heath, Director of Finance
SUBJECT: Ordinance No. 722, 2nd Reading, Authorizing the Issuance of
Tax Notes, Series 1998.
The Southlake Crime Control and Prevention District Plan and Budget adopted in September
1997 outlined strategies to address public safety issues. The primary and most critical of these
strategies is to enhance community safety through modern efficient facilities. To that end, the
Crime Control District Board has been evaluating the location and size of parcels needed for
three public safety facilities.
The Crime Control District and City Council approved budget for these three parcels is
$3,697,500. Updated cost estimates indicate that the initial probable cost will be closer to
0 $4.2 million, however it is likely that some of this amount may be recovered in subsequent
years by selling portions not needed for facilities. To expedite land purchase in the targeted
areas, the Crime Control Board is considering entire lots that may exceed the size needed for
the facilities. There have been discussions about selling the portions not needed and using the
proceeds for additional crime control facilities.
In order to proceed quickly to purchase the land, it is necessary to have funds on hand and
available. Staff is recommending a $4.275 million tax note be issued by the City, which will
provide $4.2 million for land and $75,000 for accrued interest, underwriters' discount and
issuance costs. The tax note will be dated October 15, with a five year payout schedule. The
Crime Control District will repay the annual debt service with Crime Control District sales tax
collected in subsequent years. The most recent estimate of Crime Control District sales tax
over its initial five year period is $8.7 million.
Ordinance No. 722 will authorize the issuance of the tax notes by the City. First Southwest
Company, the City's financial advisor, will contact several underwriting firms to bid on the
notes. The lowest net interest cost bidder will be recommended and the bid awarded by the
Council at the October 20 Council meeting. The second reading of the ordinance will also be
on October 20. After approval, the note documents must be reviewed by the Texas Attorney
General's Office. Actual note proceeds are anticipated in the latter part of November.
111
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• Curtis E. Hawk
Ordinance No. 722, 2nd Reading, Tax Notes Series 1998
October 16, 1998
Page 2
Approval of Ordinance No. 722 will set in motion the legal requirements to obtain funds for
Crime Control District sites. The 1st reading of the ordinance was approved on October 6,
1998. Please place the second reading of the ordinance on the October 20 agenda for Council
consideration. The award of bid will also be made at this meeting.
LAH
•
•
ORDINANCE NO.
AN ORDINANCE authorizing the issuance of "CITY OF SOUTHLAKE, TEXAS,
TAX NOTES, SERIES 1998"; specifying the terms and features of said
notes; levying a continuing direct annual ad valorem tax for the payment of
said notes; and resolving other matters incident and related to the issuance,
sale, payment and delivery of said notes, including the approval and
execution of a Paying Agent/Registrar Agreement and the approval and
distribution of an Official Statement pertaining thereto; and providing an
effective date.
WHEREAS, pursuant to Chapter 137, Acts of the 73rd Legislature, Regular Session,
1993 (Article 717w, Vernon's Texas Civil Statutes), hereinafter called the"Act", the City Council
is authorized and empowered to issue anticipation notes to pay contractual obligations to be
incurred(i)for the construction of any public work and(ii)for the purchase of materials, supplies,
equipment, machinery, buildings, lands and rights-of-way for the City's authorized needs and
purposes; and
WHEREAS, in accordance with the provisions of the Act, the City Council hereby finds
and determines that anticipation notes should be issued and sold at this time to finance the costs
of paying contractual obligations to be incurred for (i) the purchase of land for public safety
facilities, and (ii) professional services rendered in relation to such projects and purposes and
the financing thereof; now, therefore,
• BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS:
SECTION 1: Authorization - Designation- Principal Amount-Purpose. Notes of the City
shall be and are hereby authorized to be issued in the aggregate principal amount of
$4,275,000, to be designated and bear the title "CITY OF SOUTHLAKE, TEXAS, TAX NOTES,
SERIES 1998" (hereinafter referred to as the "Notes"), for the purpose of paying contractual
obligations to be incurred for (i) the purchase of land for public safety facilities, and (ii)
professional services rendered in relation to such projects and purposes and the financing
thereof, in conformity with the Constitution and laws of the State of Texas, including Article 717w,
V.A.T.C.S.
SECTION 2: Fully Registered Obligations - Note Date - Authorized
Denominations-Stated Maturities-Interest Rates. The Notes shall be issued as fully registered
obligations only, shall be dated October 15, 1998 (the "Note Date"), shall be in denominations
of 35,000 or any integral multiple thereof, and shall become due and payable on February 15
in each of the years and in principal amounts (the "Stated Maturities") and bear interest at the
per annum rate(s) in accordance with the following schedule:
•
716826
' 3
• Year of Principal Interest
Stated Maturity Amount Rate(s)
2000 $740,000 %
2001 830,000
2002 865,000 %
2003 900,000
2004 940,000
The Notes shall bear interest on the unpaid principal amounts from the Note Date at the
rates per annum shown above in this Section (calculated on the basis of a 360-day year of
twelve 30-day months), and such interest shall be payable on February 15 and August 15 of
each year, commencing August 15 15, 1999.
SECTION 3: Terms of Payment-Paying Agent/Registrar. The principal of, premium, if
any, and the interest on the Notes, due and payable by reason of maturity, redemption or
otherwise, shall be payable only to the registered owners or holders of the Notes (hereinafter
called the"Holders") appearing on the registration and transfer books maintained by the Paying
Agent/Registrar and the payment thereof shall be in any coin or currency of the United States
of America, which at the time of payment is legal tender for the payment of public and private
debts, and shall be without exchange or collection charges to the Holders.
The selection and appointment of the U. S. Trust Company of Texas, N.A., Dallas,Texas
to serve as Paying Agent/Registrar for the Notes is hereby approved and confirmed. Books and
records relating to the registration, payment, transfer and exchange of the Notes (the "Security
Register") shall at all times be kept and maintained on behalf of the City by the Paying
Agent/Registrar, as provided herein and in accordance with the terms and provisions of a
"Paying Agent/Registrar Agreement", substantially in the form attached hereto as Exhibit A,and
such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe.
The Mayor and City Secretary are authorized to execute and deliver such Agreement in
connection with the delivery of the Notes. The City covenants to maintain and provide a Paying
Agent/Registrar at all times until the Notes are paid and discharged, and any successor Paying
Agent/Registrar shall be a bank, trust company, financial institution or other entity qualified and
authorized to serve in such capacity and perform the duties and services of Paying
Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Notes, the City agrees
to promptly cause a written notice thereof to be sent to each Holder by United States Mail, first
class postage prepaid, which notice shall also give the address of the new Paying
Agent/Registrar.
Principal of and premium, if any, on the Notes shall be payable at the Stated Maturity,
only upon presentation and surrender of the Notes to the Paying Agent/Registrar at its
designated offices in New York, New York(the"Designated Payment/Transfer Office"). Interest
on the Notes shall be paid to the Holders whose name appears in the Security Register at the
close of business on the Record Date (the last business day of the month next preceding the
interest payment date) and shall be paid by the Paying Agent/Registrar(i) by check sent United
States Mail, first class postage prepaid, to the address of the Holder recorded in the Security
71-1.326
•
Register or(ii) by such other method, acceptable to the Paying Agent/Registrar, requested by,
and at the risk and expense of, the Holder. If the date for the payment of the principal of or
interest on the Notes shall be a Saturday, Sunday, a legal holiday, or a day when banking
institutions in the City where the Paying Agent/Registrar is located are authorized by law or
executive order to close, then the date for such payment shall be the next succeeding day which
is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized
to close; and payment on such date shall have the same force and effect as if made on the
original date payment was due.
In the event of a nonpayment of interest on a scheduled payment date, and for thirty(30)
days thereafter, a new record date for such interest payment (a "Special Record Date") will be
established by the Paying Agent! Registrar, if and when funds for the payment of such interest
have been received from the City. Notice of the Special Record Date and of the scheduled
payment date of the past due interest (which shall be 15 days after the Special Record Date)
shall be sent at least five (5) business days prior to the Special Record Date by United States
Mail, first class postage prepaid, to the address of each Holder appearing on the Security
Register at the close of business on the last business day next preceding the date of mailing of
such notice.
SECTION 4: Non-Redeemable. The Notes shall not be subject to redemption prior to
maturity.
SECTION 5: Registration - Transfer - Exchange of Notes-Predecessor Notes. The
Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and
• address of each and every owner of the Notes issued under and pursuant to the provisions of
this Ordinance, or if appropriate, the nominee thereof. Any Note may be transferred or
exchanged for Notes of other authorized denominations by the Holder, in person or by his duly
authorized agent, upon surrender of such Note to the,Paying Agent/Registrar for cancellation,
accompanied by a written instrument of transfer or request for exchange duly executed by the
Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar.
Upon surrender of any Note for transfer at the Designated Payment/Transfer Office of
the Paying Agent/Registrar, the Paying Agent/Registrar shall register and deliver, in the name
of the designated transferee or transferees, one or more new Notes of authorized denominations
and having the same Stated Maturity and of a like aggregate principal amount as the Note or
Notes surrendered for transfer.
At the option of the Holder, Notes may be exchanged for other Notes of authorized
denominations and having the same Stated Maturity, bearing the same rate of interest and of
like aggregate principal amount as the Notes surrendered for exchange, upon surrender of the
Notes to be exchanged at the Designated Payment/Transfer Office of the Paying
Agent/Registrar. Whenever any Notes are surrendered for exchange, the Paying
Agent/Registrar shall register and deliver new Notes to the Holder requesting the exchange.
All Notes issued in any transfer or exchange of Notes shall be delivered to the Holders
at the Designated Payment/Transfer Office of the Paying Agent/Registrar or sent by United
• - -
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0 States Mail, first class, postage prepaid to the Holders, and, upon the registration and delivery
thereof, the same shall be the valid obligations of the City, evidencing the same obligation to
pay, and entitled to the same benefits under this Ordinance, as the Notes surrendered in such
transfer or exchange.
All transfers or exchanges of Notes pursuant to this Section shall be made without
expense or service charge to the Holder, except as otherwise herein provided, and except that
the Paying Aaent/Registrar shall require payment by the Holder requesting such transfer or
exchange of any tax or other governmental charges required to be paid with respect to such
transfer or exchange.
Notes canceled by reason of an exchange or transfer pursuant to the provisions hereof
are hereby defined to be "Predecessor Notes," evidencing all or a portion, as the case may be,
of the same obligation to pay evidenced by the new Note or Notes registered and delivered in
the exchange or transfer therefor. Additionally, the term "Predecessor Notes" shall include any
mutilated, lost, destroyed, or stolen Note for which a replacement Note has been issued,
registered, and delivered in lieu thereof pursuant to the provisions of Section 11 hereof and such
new replacement Note shall be deemed to evidence the same obligation as the mutilated, lost,
destroyed, or stolen Note.
Neither the City nor the Paying Agent/Registrar shall be required to issue or transfer to
an assignee of a Holder any Note called for redemption, in whole or in part,within 45 days of the
date fixed for:he redemption of such Note; provided, however, such limitation on transferability
0 shall not be applicable to an exchange by the Holder of the unredeemed balance of a Note
called for redemption in part.
SECTION 6: Book-Entry Only Transfers and Transactions. Notwithstanding the
provisions contained in Sections 3 and 5 hereof relating to the payment, and transfer/exchange
of the Notes. the City hereby approves and authorizes the use of "Book-Entry Only" securities
clearance, settlement and transfer system provided by The Depository Trust Company (DTC),
a limited purpose trust company organized under the laws of the State of New York, in
accordance with the requirements and procedures identified in the Letter of Representation, by
and between ne City, the Paying Agent/Registrar and DTC(the"Depository Agreement")relating
to the Notes.
Pursuantto the Depository Agreement and the rules of DTC,the Notes shall be deposited
with DTC who shall hold said Notes for its participants (the"DTC Participants"). While the Notes
are held by DTC under the Depository Agreement, the Holder of the Notes on the Security
Register for ail purposes, including payment and notices, shall be Cede & Co., as nominee of
DTC, notwitr.standing the ownership of each actual purchaser or owner of each Note (the
"Beneficial Owners") being recorded in the records of DTC and DTC Participants.
In the event DTC determines to discontinue serving as securities depository for the Notes
or otherwise ceases to provide book-entry clearance and settlement of securities transactions
in general or the City determines that DTC is incapable of properly discharging its duties as
securities depository for the Notes, the City covenants and agrees with the Holders of the Notes
S
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• to cause Notes to be printed in definitive form and provide for the Note certificates to be issued
and delivered to DTC Participants and Beneficial Owners, as the case may be. Thereafter, the
Notes in definitive form shall be assigned, transferred and exchanged on the Security Register
maintained by the Paying Agent/Registrar and payment of such Notes shall be made in
accordance with the provisions of Sections 3 and 5 hereof.
SECTION 7: Execution - Registration. The Notes shall be executed on behalf of the
City by the Mayor under its seal reproduced or impressed thereon and countersigned by the City
Secretary. The signature of said officers on the Notes may be manual or facsimile. Notes
bearng the manual or facsimile signatures of individuals who are or were the proper officers of
the City on the Note Date shall be deemed to be duly executed on behalf of the City,
notwithstanding that such individuals or either of them shall cease to hold such offices at the time
of delivery of the Notes to the initial purchaser(s) and with respect to Notes delivered in
subsequent exchanges and transfers, all as authorized and provided in the Bond Procedures
Act of 1981, as amended.
No Note shall be entitled to any right or benefit under this Ordinance, or be valid or
obligatory for any purpose, unless there appears on such Note either a certificate of registration
substantially in the form provided in Section 9C, manually executed by the Comptroller of Public
Accounts of the State of Texas, or his duly authorized agent, or a certificate of registration
substantially in the form provided in Section 9D, manually executed by an authorized officer,
employee or representative of the Paying Agent/Registrar, and either such certificate duly signed
upon any Note shall be conclusive evidence, and the only evidence, that such Note has been
• duly certified, registered, and delivered.
SECTION 8: Initial Note. The Notes herein authorized shall be initially issued either
(i) as a single fully registered note in the total principal amount of $4,275,000 with principal
installments to become due and payable as provided in Section 2 hereof and numbered T-1, or
(ii) as five (5) fully registered Notes, being one note for each year of maturity in the applicable
principal amount and denomination and to be numbered consecutively from T-1 and upward
(hereinafter called the "Initial Note(s)") and, in either case, the Initial Note shall be registered in
the name of the initial purchaser(s) or the designee thereof. The Initial Note(s) shall be the
Notes submitted to the Office of the Attorney General of the State of Texas for approval, certified
and registered by the Office of the Comptroller of Public Accounts of the State of Texas and
delivered to the initial purchaser(s). Any time after the delivery of the Initial Note(s), the Paying
Agent/Registrar, pursuant to written instructions from the initial purchaser(s), or the designee
thereof, shall cancel the Initial Note(s) delivered hereunder and exchange therefor definitive
Notes of authorized denominations, Stated Maturities, principal amounts and bearing applicable
interest rates for transfer and delivery to the Holders named at the addresses identified therefor,
all pursuant to and in accordance with such written instructions from the initial purchaser(s), or
the designee thereof, and such other information and documentation as the Paying
Agent/Registrar may reasonably require.
SECTION 8: Forms. A. Forms Generally. The Notes, the Registration Certificate of
the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying
Agent/Registrar, and the form of Assignment to be printed on each of the Notes, shall be
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411 substantially in the forms set forth in this Section with such appropriate insertions, omissions,
substitutions, and other variations as are permitted or required by this Ordinance and may have
such letters, numbers, or other marks of identification (including identifying numbers and letters
of the Committee on Uniform Securities Identification Procedures of the American Bankers
Association) and such legends and endorsements (including insurance legends in the event the
Notes, or any maturities thereof, are purchased with insurance and any reproduction of an
opinion of counsel) thereon as may, consistently herewith, be established by the City or
determined by the officers executing such Notes as evidenced by their execution. Any portion
of the text of any Notes may be set forth on the reverse thereof, with an appropriate reference
thereto on the face of the Note.
The definitive Notes and the Initial Note(s) shall be printed, lithographed, or engraved,
typewritten, photocopied or otherwise reproduced in any other similar manner, all as determined
by the officers executing such Notes as evidenced by their execution thereof.
B. Form of Note.
REGISTERED REGISTERED
NO. $
UNITED STATES OF AMERICA
STATE OF TEXAS
CITY OF SOUTHLAKE, TEXAS,
TAX NOTE, SERIES 1998
•
Note Date: Interest Rate: Stated Maturity: CUSIP NO:
October 15, 1998 ok
Registered Owner:
Principal Amount: DOLLARS
The City of Southlake(hereinafter referred to as the"City"), a body corporate and political
subdivision in the County of Tarrant, State of Texas, for value received, acknowledges itself
indebted to and hereby promises to pay to the order of the Registered Owner named above, or
the registered assigns thereof, on the Stated Maturity date specified above, without right of prior
redemption, the Principal Amount stated above and to pay interest on the unpaid principal
amount hereof from the Note Date at the per annum rate of interest specified above computed
on the basis of a 360-day year of twelve 30-day months; such interest being payable on
February 15 and August 15 in each year, commencing August 15, 1999. Principal of this Note
is payable at its Stated Maturity to the registered owner hereof,upon presentation and surrender,
at the Designated Payment/Transfer Office of the Paying Agent/Registrar executing the
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0 recistration certificate appearing hereon, or its successor. Interest is payable to the registered
owner of this Note (or one or more Predecessor Notes, as defined in the Ordinance hereinafter
referenced) whose name appears on the "Security Register" maintained by the Paying
Agent/Registrar at the close of business on the "Record Date", which is the last business day
of the month next preceding each interest payment date, and interest shall be paid by the Paying
Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of
the registered owner recorded in the Security Register or by such other method, All payments
of principal of, premium, if any, and interest on this Note shall be without exchange or collection
orarges to the owner hereof and in any coin or currency of the United States of America which
a: :ne time of payment is legal tender for the payment of public and private debts.
This Note is one of the series specified in its title issued in the aggregate principal amount
of S4,275,000 (herein referred to as the "Notes") for the purpose of paying contractual
obligations to be incurred for (i) the purchase of land for public safety facilities, and (ii)
professional services rendered in relation to such projects and purposes and the financing
thereof, under and in strict conformity with the Constitution and laws of the State of Texas and
pursuant to an Ordinance adopted by the City Council of the City (herein referred to as the
"Ordinance").
The Notes are payable from the proceeds of an ad valorem tax levied, within the
limitations prescribed by law, upon all taxable property in the City. Reference is hereby made
to the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the
Paying Agent/Registrar, and to all of the provisions of which the owner or holder of this Note by
40 the acceptance hereof hereby assents, for definitions of terms; the description of and the nature
and extent of the tax levied for the payment of the Notes; the terms and conditions relating to
the transfer or exchange of this Note;the conditions upon which the Ordinance may be amended
or supplemented with or without the consent of the Holders; the rights, duties, and obligations
of the City and the Paying Agent/Registrar; the terms and provisions upon which this Note may
be discharged at or prior to its maturity, and deemed to be no longer Outstanding thereunder;
and for other terms and provisions contained therein. Capitalized terms used herein have the
meanings assigned in the Ordinance.
This Note, subject to certain limitations contained in the Ordinance, may be transferred
on the Security Register only upon its presentation and surrender at the Designated
Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly
endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the
Paying Agent/Registrar duly executed by, the registered owner hereof, or his duly authorized
agent. When a transfer on the Security Register occurs, one or more new fully registered Notes
of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and
of the same aggregate principal amount will be issued by the Paying Agent/Registrar to the
designated transferee or transferees.
The City and the Paying Agent/Registrar, and any agent of either, shall treat the
registered owner whose name appears on the Security Register (i) on the Record Date as the
owner entitled to payment of interest hereon, (ii) on the date of surrender of this Note as the
owner entitled to payment of principal hereof at its Stated Maturity and (iii) on any other date as
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S the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any
agent of either, shall be affected by notice to the contrary. In the event of nonpayment of
interest on a scheduled payment date and for thirty (30) days thereafter, a new record date for
such interest payment (a "Special Record Date") will be established by the Paying
Agent/Registrar, if and when funds for the payment of such interest have been received from the
City. Notice of the Special Record Date and of the scheduled payment date of the past due
interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5)
business days prior to the Special Record Date by United States Mail, first class postage
prepaid, to the address of each Holder appearing on the Security Register at the close of
business on the last business day next preceding the date of mailing of such notice.
It is hereby certified, recited, represented and declared that the City is a body corporate
and political subdivision duly organized and legally existing under and by virtue of the
Constitution and laws of the State of Texas; that the issuance of the Notes is duly authorized by
law; that all acts, conditions and things required to exist and be done precedent to and in the
issuance of the Notes to render the same lawful and valid obligations of the City have been
properly done, have happened and have been performed in regular and due time, form and
manner as required by the Constitution and laws of the State of Texas, and the Ordinance; that
the Notes do not exceed any Constitutional or statutory limitation; and that due provision has
been made for the payment of the principal of and interest on the Notes by the levy of a tax as
aforestated. In case any provision in this Note shall be invalid, illegal, or unenforceable, the
validity, legality, and enforceability of the remaining provisions shall not in any way be affected
or impaired thereby. The terms and provisions of this Note and the Ordinance shall be construed
in accordance with and shall be governed by the laws of the State of Texas.
0 IN WITNESS WHEREOF, the City Council of the City has caused this Note to be duly
executed under the official seal of the City as of the Note Date.
CITY OF SOUTHLAKE, TEXAS
COUNTERSIGNED: Mayor
City Secretary
(SEAL)
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0 C. *Form of Registration Certificate of Comotroiler
of Public Accounts to apoear on Initial Note only.
REGISTRATION CERTIFICATE OF
COMPTROLLER OF PUBLIC ACCOUNTS
OFFICE OF THE COMPTROLLER (
OF PUBLIC ACCOUNTS (
( REGISTER NO.
THE STATE OF TEXAS (
I HEREBY CERTIFY that this Note has been examined, certified as to validity and
approved by the Attorney General of the State of Texas, and duly registered by the Comptroller
of Public Accounts of the State of Texas.
WITNESS my signature and seal of office this .
Comptroller of Public Accounts
of the State of Texas
(SEAL)
D. Form of Certificate of Paying Agent/Registrar to appear on Definitive Notes only.
0 REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR
This Note has been duly issued and registered under the provisions of the
within-mentioned Ordinance; the note or notes of the above entitled and designated series
originally delivered having been approved by the Attorney General of the State of Texas and
registered by the Comptroller of Public Accounts, as shown by the records of the Paying
Agent/Registrar.
The designated offices of the Paying Agent/Registrar located in New York, New York, is
the "Designated Payment/Transfer Office" for this Note.
Registration Date: - U. S. TRUST COMPANY OF TEXAS, N.A.,
Dallas, Texas,
as Paying Agent/Registrar
By
Authorized Signature
*NOTE TO PRINTER: Do Not Print on Definitive Notes
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• E. Form of Assignment.
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto
(Print or typewrite name, address, and zip code of transferee:)
(Social Security or
other identifying number: ) the within Note and all rights thereunder, and
hereby irrevocably constitutes and appoints
a;zorney to transfer the within Note on the books kept for registration thereof. with full power of
substitution in the premises.
DATED:
NOTICE: The signature on this Signature guaranteed:
assignment must correspond with the name of the
registered owner as it appears on the face of the
within Note in every particular.
F. The Initial Note(s) shall be in the form set forth in paragraph B of this Section, except
that the form of a single fully registered Initial Note shall be modified as follows:
(i) immediately under the name of the headings "Interest Rate " and "Stated
Maturity " shall both be omitted;
(ii) paragraph one shall read as follows:
Registered Owner:
•
Principal Amount: Dollars
The City of Southlake (hereinafter referred to as the "City"), a body corporate and
municipal corporation in the County of Tarrant, State of Texas, for value received, acknowledges
itself indebted to and hereby promises to pay to the order of the Registered Owner named
above, or the registered assigns thereof, the Principal Amount hereinabove stated on
February 15 in each of the years and in principal installments in accordance with the following
schedule:
PRINCIPAL INTEREST
YEAR INSTALLMENTS RATE
(Information to be inserted from
schedule in Section 2 hereof).
(or so much thereof as shall not have been prepaid prior to maturity) and to pay interest on the
unpaid principal amounts hereof from the Note Date at the per annum rate(s)of interest specified
above computed on the basis of a 360-day year of twelve 30-day months; such interest being
•
:6a26 -10-
n � '� �
. payable on February 15 and August 15 of each year, commencing August 15, 1999. Principal
installments of this Certificate are payable at its Stated Maturity or on a prepayment date to the
registered owner hereof by U. S. Trust Company of Texas, N.A., Dallas, Texas (the "Paying
Agent/Registrar"), upon presentation and surrender, at its designated offices in New York, New
York(the "Designated Payment/Transfer Office"). interest is payable to the registered owner of
this Certificate whose name appears on the "Security Register" maintained by the Paying
Agent/Registrar at the close of business on the"Record Date",which is the last business day of
the month next preceding each interest payment date hereof and interest shall be paid by the
Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the
address of the registered owner recorded in the Security Register or by such other method,
acceptable to the Paying Agent' Registrar, requested by, and at the risk and expense of, the
registered owner. All payments of principal of, premium, if any, and interest on this Note shall
be without exchange or collection charges to the owner hereof and in any coin or currency of the
United States of America which at the time of payment is legal tender for the payment of public
and private debts.
SECTION 10: Levy of Taxes. To provide for the payment of the "Debt Service
Requirements" of the Notes, being (i) the interest on the Notes and (ii) a sinking fund for their
redemption at maturity or a sinking fund of 2% (whichever amount is the greater), there is hereby
levied, and there shall be annually assessed and collected in due time, form, and manner, a tax
on all taxable property in the City, within the limitations prescribed by law, and such tax hereby
levied on each one hundred dollars'valuation of taxable property in the City for the Debt Service
Requirements of the Notes shall be at a rate from year to year as will be ample and sufficient to
4. provide funds each year to pay the principal of and interest on said Notes while Outstanding;full
allowance being made for delinquencies and costs of collection; separate books and records
relating to the receipt and disbursement of taxes levied, assessed and collected for and on
account of the Notes shall be kept and maintained by the City at all times while the Notes are
Outstanding, and the taxes collected for the payment of the Debt Service Requirements on the
Notes shall be deposited to the credit of a"Special 1998 Note Account"(the"Interest and Sinking
Fund") maintained on the records of the City and deposited in a special fund maintained at an
official depository of the City's funds; and such tax hereby levied, and to be assessed and
collected annually, is hereby pledged to the payment of the Notes.
Proper officers of the City are hereby authorized and directed to cause to be transferred
to the Paying Agent/Registrar for the Notes, from funds on deposit in the Interest and Sinking
Fund, amounts sufficient to fully pay and discharge promptly each installment of interest and
principal of the Notes as the same accrues or matures; such transfers of funds to be made in
such manner as will cause collected funds to be deposited with the Paying Agent/Registrar on
or before each principal and interest payment date for the Notes.
SECTION 11: Mutilated-Destroyed-Lost and Stolen Notes. In case any Note shall be
mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a
replacement Note of like form and tenor, and in the same denomination and bearing a number
not contemporaneously outstanding, in exchange and substitution for such mutilated Note, or
in lieu of and in substitution for such destroyed, lost or stolen Note, only upon the approval of
the City and after(i) the filing by the Holder thereof with the Paying Agent/Registrar of evidence
411 . .
7173826 -11-
•
0 satisfactory to the Paying Agent/Registrar of the destruction, loss or theft of such Note, and of
the authenticity of the ownership thereof and (ii) the furnishing to the Paying Agent/Registrar of
indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar
harmless. All expenses and charges associated with such indemnity and with the preparation,
execution and delivery of a replacement Note shall be borne by the Holder of the Note mutilated,
or destroyed, lost or stolen.
Every replacement Note issued pursuant to this Section shall be a valid and binding
obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all
other Outstanding Notes; notwithstanding the enforceability of payment by anyone of the
destroyed, lost, or stolen Notes.
The provisions of this Section are exclusive and shall preclude (to the extent lawful) all
other rights and remedies with respect to the replacement and payment of mutilated, destroyed,
lost or stolen Notes.
SECTION 12: Satisfaction of Obligation of City. If the City shall pay or cause to be paid,
or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on
the Notes, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes
levied under this Ordinance and all covenants, agreements, and other obligations of the City to
the Holders shall thereupon cease, terminate, and be discharged and satisfied.
Notes or any principal amount(s) thereof shall be deemed to have been paid within the
meaning and with the effect expressed above in this Section when (I) money sufficient to pay in
0 full such Notes or the principal amount(s) thereof at maturity or the redemption date therefor,
together with all interest due thereon,shall have been irrevocably deposited with and held in trust
by the Paying Agent/Registrar, or an authorized escrow agent,or(ii)Government Securities shall
have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized
escrow agent, which Government Securities have been certified by an independent accounting
firm to mature as to principal and interest in such amounts and at such times as will insure the
availability, without reinvestment, of sufficient money, together with any moneys deposited
therewith, if any, to pay when due the principal of and interest on such Notes, or the principal
amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has
been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying
Agent/ Registrar have been made) the redemption date thereof. The City covenants that no
deposit of moneys or Government Securities will be made under this Section and no use made
of any such deposit which would cause the Notes to be treated as "arbitrage bonds"within the
meaning of Section 148 of the Internal Revenue Code of 1986, as amended, or regulations
adopted pursuant thereto.
Any moneys so deposited with the Paying Agent/ Registrar, cr an authorized escrow
agent, and all income from Government Securities held in trust by the Paying Agent/Registrar,
or an authorized escrow agent, pursuant to this Section which is not required for the payment
of the Notes, or any principal amount(s) thereof, or interest thereon with respect to which such
moneys have been so deposited shall be remitted to the City or deposited as directed by the
City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the
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826 -12-
t ' l `'t
0 principal of and interest on the Notes and remaining unclaimed for a period of four(4)years after
the Stated Maturity, or applicable redemption date, of the Notes such moneys were deposited
and are held in trust to pay shall upon the request of the City be remitted to the C:'•: against a
written receipt therefor. Notwithstanding the above and foregoing, any remittance of funds from
the Paying Agent/Registrar to the City shall be subject to any applicable unclaimed property laws
of the State of Texas.
The term "Government Securities", as used herein, means direct obligations of, or
obligations the principal of and interest on which are unconditionally guaranteed by, the United
States of America, which are non-callable prior to the respective Stated Maturities of the Notes
and may be United States Treasury Obligations such as the State and Local Government Series
and may be in book-entry form.,
SECTION 13: Ordinance a Contract - Amendments - Outstanding Notes. This
Ordinance shall constitute a contract with the Holders from time to time, be binding on the City,
and shall not be amended or repealed by the City so long as any Note remains Outstanding
except as permitted in this Section. The City may, without the consent of or notice to any
Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental
• to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal
defect or omission herein. In addition, the City may, with the consent of Holders holding a
majority in aggregate principal amount of the Notes then Outstanding affected thereby, amend,
add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of
all Holders of Outstanding Notes, no such amendment, addition, or rescission shall (1) extend
elthe time or times of payment of the principal of, premium, if any, and interest on the Notes,
reduce the principal amount thereof, or the rate of interest thereon, or the redemption price, or
in any other way modify the terms of payment of the principal of, premium, if any, or interest on
the Notes, (2) give any preference to any Note over any other Note, or(3) reduce the aggregate
principal amount of Notes required to be held by Holders for consent to any such amendment,
addition, or rescission.
The term"Outstanding"when used in this Ordinance with respect to Notes means, as of
the date of determination, all Notes theretofore issued and delivered under this Ordinance,
except:
(1) those Notes cancelled by the Paying Agent/Registrar or delivered to
•
the Paying Agent/Registrar for cancellation;
(2) those Notes deemed to be duly paid by the City in accordance with
the provisions of Section 12 hereof; and
(3) those mutilated, destroyed, lost, or stolen Notes which have been
replaced with Notes registered and delivered in lieu thereof as provided in
Section 11 hereof.
SECTION 14: Covenants to Maintain Tax-Exempt Status. (a) Definitions. When used
in this Section 14, the following terms have the following meanings:
S 3
O cls
• "Closing Date" means the date on which the Notes are first authenticated
and delivered to the initial purchasers against payment therefor.
"Code" means the Internal Revenue Code of 1986, as amended by all
legislation, if any, effective on or before the Closing Date.
"Computation Date"has the meaning set forth in Section 1.148-1(b)of the
Regulations:
"Gross Proceeds"means any proceeds as defined in Section 1.148-1(b)
of the Regulations, and any replacement proceeds as defined in Secticn
1.148-1(c) of the Regulations, of the Notes.
"Investment" has the meaning set forth in Section 1.148-1(b) of the
Regulations.
"Nonpurpose Investment"means any investment property, as defined in
section 148(b) of the Code, in which Gross Proceeds of the Notes are invested
and which is not acquired to carry out the governmental purposes of the Notes.
"Rebate Amount"has the meaning set forth in Section 1.148-1(b) of the
Regulations.
"Regulations" means any proposed, temporary, or final Income Tax
Regulations issued pursuant to Sections 103 and 141 through 150 of the Code,
and 103 of the Internal Revenue Code of 1954,which are applicable to the Notes.
Any reference to any specific Regulation shall also mean, as appropriate, any
proposed, temporary or final Income Tax Regulation designed to supplement,
amend or replace the specific Regulation referenced.
"Yield"of(1) any Investment has the meaning set forth in Section 1.148-5
of the Regulations and (2) the Notes has the meaning set forth in Section 1.148-
4 of the Regulations.
(b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use
of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition,
construction or improvement of which is to be financed directly or indirectly with Gross Proceeds)
in a manner which if made or omitted, respectively, would cause the interest on any Note to
become includable in the gross income, as defined in section 61 of the Code, of the owner
thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless
and until the City receives a written opinion of counsel nationally recognized in the field of
municipal bond law to the effect that failure to comply with such covenant will not adversely
affect the exemption from federal income tax of the interest on any Note, the City shall comply
with each of the specific covenants in this Section.
•
716826 -14-
0 (c) No Private Use or Private Payments. Except as permitted by section 141 of the
Code and the Regulations and rulings thereunder, the City shall at all times prior to the last
Stated Maturity of Notes:
(1) exclusively own, operate and possess all property the acquisition,
construction or improvement of which is to be financed or refinanced directly or
indirectly with Gross Proceeds of the Notes, and not use or permit the use of such
Gross Proceeds (including all contractual arrangements with terms different than
those applicable to the general public) or any property acquired. constructed or
improved with such Gross Proceeds in any activity carried on by any person or
entity(including the United States or any agency, department and instrumentality
thereof) other than a state or local government, unless such use is solely as a
member of the general public; and
(2) not directly or indirectly impose or accept any charge or other
payment by any person or entity who is treated as using Gross Proceeds of the
Notes or any property the acquisition, construction or improvement of which is to
be financed or refinanced directly or indirectly with such Gross Proceeds, other
than taxes of general application within the City or interest earned on investments
acquired with such Gross Proceeds pending application for their intended
purposes.
(d) No Private Loan. Except to the extent permitted by section 141 of the Code and
•
the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Notes to
make or finance loans to any person or entity other than a state or local government. For
purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a
person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is
sold or leased to such person or entity in a transaction which creates a debt for federal income
tax purposes; (2) capacity in or service from such property is committed to such person or entity
under a take-or-pay, output or similar contract or arrangement; or(3) indirect benefits,or burdens
and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or
improved with such Gross Proceeds are otherwise transferred in a transaction which is the
economic equivalent of a loan.
(e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the
Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final
Stated Maturity of the Notes directly or indirectly invest Gross Proceeds in any Investment (or
use Gross Proceeds to replace money so invested), if as a result of such investment the Yield
from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced
thereby), whether then held or previously disposed of, exceeds the Yield of the Notes.
(f) Not Federally Guaranteed. Except to the extent permitted by section 149(b) of
the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any
action which would cause the Notes to be federally guaranteed within the meaning of section
149(b) of the Code and the Regulations and rulings thereunder.
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7i6-826 -15-
1111 (g) Information Report. The City shall timely file the information required by section
149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and
in such place as the Secretary may prescribe.
(h) Rebate of Arbitrage Profits. Except to the extent otherwise provided in section
148(f) of the Code and the Regulations and rulings thereunder:
(1) The City shall account for all Gross Proceeds (including all receipts,
expenditures and investments thereof) on its books of account separately and
apart from all other funds (and receipts. expenditures and investments thereof)
and shall retain all records of accounting for at least six years after the day on
which the last Outstanding Note is discharged. However, to the extent permitted
by law, the City may commingle Gross Proceeds of the Notes with other money
of the City, provided that the City separately accounts for each receipt and
expenditure of Gross Proceeds and the obligations acquired therewith.
(2) Not less frequently than each Computation Date, the City shall
calculate the Rebate Amount in accordance with rules set forth in section 148(f)
of the Code and the Regulations and rulings thereunder. The City shall maintain
such calculations with its official transcript of proceedings relating to the issuance
of the Notes until six years after the final Computation Date.
(3) As additional consideration for the purchase of the Notes by the
- Purchasers and the loan of the money represented thereby and in order to induce
such purchase by measures designed to insure the excludability of the interest
thereon from the gross income of the owners thereof for federal income tax
purposes, the City shall pay to the United States out of the Note Fund or its
general fund, as permitted by applicable Texas statute, regulation or opinion of
the Attorney General of the State of Texas, the amount that when added to the
future value of previous rebate payments made for the Notes equals (i) in the
case of a Final Computation Date as defined in Section 1.148-3(e)(2) of the
Regulations, one hundred percent (100%) of the Rebate Amount on such date;
and (ii) in the case of any other Computation Date, ninety percent (90%) of the
Rebate Amount on such date. In ail cases, the rebate payments shall be made
at the times, in the installments, to the place and in the manner as is or may be
required by section 148(f) of the Code and the Regulations and rulings
thereunder,-and shall be accompanied by Form 8038-T or such other forms and
information as is or may be required by Section 148(f) of the Code and the
Regulations and rulings thereunder.
(4) The City shall exercise reasonable diligence to assure that no errors
are made in the calculations and payments required by paragraphs (2) and (3),
and if an error is made, to discover and promptly correct such error within a
reasonable amount of time thereafter(and in all events within one hundred eighty
(180) days after discovery of the error), including payment to the United States
7•
:6826 -l o-
0 of any additional Rebate Amount owed to it, interest thereon, and any penalty
imposed under Section 1.148-3(h) of the Regulations.
•
(i) Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of
the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the
earlier of the Stated Maturity or final payment of the Notes, enter into any transaction that
reduces the amount required to be paid to the United States pursuant to Subsection H of this
Section because such transaction results in a smaller profit or a larger loss than would have
resulted if the transaction had been at arm's length and had the Yield of the Notes not been
relevant to either party.
(i) Elections. The City hereby directs and authorizes the Mayor, City Secretary, City
Manager and Director of Finance, individually or jointly, to make elections permitted or required
pursuant to the provisions of the Code or the Regulations, as they deem necessary or
appropriate in connection with the Notes, in the Certificate as to Tax Exemption or similar or
other appropriate certificate, form or document.
SECTION 15: Sale of the Notes. Pursuant to a public sale for the Notes, the bid
submitted by (herein referred to as the "Purchasers") is declared
to be the best bid received producing the lowest true interest cost rate to the City, and the sale
of the Notes to said Purchasers at the price of par and accrued interest to the date of delivery,
plus a premium of $ , is hereby approved and confirmed. Delivery of the Notes to
the Purchasers shall occur as soon as possible upon payment being made therefor in
• accordance with the terms of sale.
16: Official Statement. The Official Statement prepared in the initial offering
SECTION
and sale of the Notes by the City, together with all addendas, supplements and amendments
thereto issued on behalf of the City, is hereby approved as to form and content, and the City
Council hereby finds that the information and data contained in said Official Statement pertaining
to the City and its financial affairs is true and correct in all material respects and no material facts
have been omitted therefrom which are necessary to make the statements therein, in light of the
circumstances under which they were made, not misleading. The use of such Official Statement
in the reoffering of the Notes by the Purchasers is hereby approved and authorized.
SECTION 17: Control and Custody of Notes. The Mayor of the City shall be and is
hereby authorized to take and have charge of all necessary orders and records pending
investigation by the Attorney General of the State of Texas, including the printing and supply of
definitive Notes, and shall take and have charge and control of the Initial Note pending the
approval thereof by the Attorney General, the registration thereof by the Comptroller of Public
Accounts and the delivery thereof to the initial purchasers.
Furthermore, the Mayor, City Manager, Director of Finance and City Secretary, any one
or more of said officials, are hereby authorized and directed to furnish and execute such
documents and certifications relating to the City and the issuance of the Notes, including
certifications as to facts, estimates, circumstances and reasonable expectations pertaining to the
use, expenditure, and investment of the proceeds of the Notes, as may be necessary for the
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71&326 -17-
n 0/ 1°1
0 approval of the Attorney General, the registration by the Comptroller of Public Accounts and the
delivery of the Notes to the purchasers. and, together with the City's financial advisor, bond
counsel and the. Paying Agent/Registrar, make the necessary arrangements for the delivery of
the Initial Note to the purchasers and the initial exchange thereof for definitive Notes.
SECTION 18: Proceeds of Sale. The proceeds of sale of the Notes, excluding the
accrued interest received from the purchasers, shall be deposited in a construction fund
maintained at the City's depository bank. Pending expenditure for authorized projects and
purposes, such proceeds of sale may be invested in authorized investments and any investment
earnings realized shall be expended for such authorized projects and purposes or deposited in
the Interest and Sinking Fund as shall be determined by the City Council. Accrued interest and
premium, if any, received from the sale of the Notes and any excess note proceeds, including
investment earnings, remaining after completion of all authorized projects or purposes shall be
deposited to the credit of the Interest and Sinking Fund.
SECTION 19: Notices to Holders-Waiver. Wherever this Ordinance provides for notice
to Holders of any event, such notice shall be sufficiently given(unless otherwise herein expressly
provided) if in writing and sent by United States Mail, first class postage prepaid, to the address
of each Holder appearing in the Security Register at the close of business on the business day
next preceding the mailing of such notice.
In any case where notice to Holders is given by mail, neither the failure to mail such
notice to any particular Holders, nor any defect in any notice so mailed, shall affect the
el sufficiency of such notice with respect to all other Notes. Where this Ordinance provides for
notice in any manner, such notice may be waived in writing by the Holder entitled to receive
such notice, either before or after the event with respect to which such notice is given, and such
waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with
the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of
any action taken in reliance upon such waiver.
SECTION 20: Cancellation. All Notes surrendered for payment, redemption, transfer,
exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly
canceled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar
• and, if not already canceled, shall be promptly canceled by the Paying Agent/Registrar. The City
may at any time deliver to the Paying Agent/Registrar for cancellation any Notes previously
certified or registered and delivered which the City may have acquired in any manner
whatsoever, and -all Notes so delivered shall be promptly canceled by the Paying
Agent/Registrar. All canceled Notes held by the Paying Agent/Registrar shall be returned to the
City.
SECTION 21: Legal Opinion. The obligation of the Purchasers to accept delivery of the
Notes is subject to being furnished a final opinion of Fulbright & Jaworski L.L.P., Attorneys,
Dallas, Texas, approving such Notes as to their validity, said opinion to be dated and delivered
as of the date of delivery and payment for such Notes. A true and correct reproduction of said
opinion is hereby authorized to be printed on definitive printed obligations.
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• SECTION 22: CUSIP Numbers. CUSIP numbers may be printed or typed on the
definitive Notes. It is expressly provided, however, that the presence or absence of CUSIP
numbers on the definitive Notes shall be of no significance or effect as regards the legality
thereof and neither the City nor attorneys approving the Notes as to legality are to be held
responsible for CUSIP numbers incorrectly printed or typed on the definitive Notes.
SECTION 23: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied,
is intended or shall be construed to confer upon any person other than the City, the Paying
Agent/Registrar and the Holders, any right, remedy, or claim, legal or equitable, under or by
reason of this Ordinance or any provision hereof, this Ordinance and ail its provisions being
intended to be and being for the sole and exclusive benefit of the City, the Paying
Agent/Registrar and the Holders.
SECTION 24: Inconsistent Provisions. All ordinances, orders or resolutions, or parts
thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby
repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain
controlling as to the matters contained herein.
SECTION 25: Governing Law. This Ordinance shall be construed and enforced in
accordance with the laws of the State of Texas and the United States of America.
SECTION 26: Effect of Headings. The Section headings herein are for convenience only
and shall not affect the construction hereof.
• SECTION 27: Construction of Terms. If appropriate in the context of this Ordinance,
words of the singular number shall be considered to include the plural, words of the plural
number shall be considered to include the singular, and words of the masculine, feminine or
neuter gender shall be considered to include the other genders.
SECTION 28: Severability. If any provision of this Ordinance or the application thereof
to any circumstance shall be held to be invalid, the remainder of this Ordinance and the
application thereof to other circumstances shall nevertheless be valid, and the City Council
hereby declares that this Ordinance would have been enacted without such invalid provision.
SECTION 29: Continuing Disclosure Undertaking. (a) Definitions. As used in this
Section, the following terms have the meanings ascribed to such terms below:
"MSRB" means the Municipal Securities Rulemaking Board.
"NRMSIR" means each person whom the SEC or its staff has determined to be •
a nationally recognized municipal securities information repository within the meaning of the Rule
from time to time.
"Rule" means SEC Rule 15c2-12, as amended from time to time.
"SEC' means the United States Securities and Exchange Commission.
S -
0 "Slu" means eans any person designated by the State of Texas or an authorized
department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state
information depository within the meaning of the Rule from time to time.
(b) Annual Reports. The City shall provide annually to each NRMSIR and any SID,
within six months after the end of each fiscal year (beginning with the fiscal year ending
September 30, 1998) financial information and operating data with respect to the City of the
general type included in the final Official Statement approved by Section 16 of this Ordinance,
being the information described in Exhibit B hereto. Financial statements to be provided shall
be (1) prepared in accordance with the accounting principles described in Exhibit B hereto and
(2) audited, if the City commissions an audit of such statements and the audit is completed within
the period during which they must be provided. If audited financial statements are not available
at the time the financial information and operating data must be provided, then the City shall
provide unaudited financial statements for the applicable fiscal year to each NRMSIR and any
SID with the financial information and operating data and will file the annual audit report, when
and if the same becomes available.
If the City changes its fiscal year, it will notify each NRMSIR and any SID of the
change (and of the date of the new fiscal year end) prior to the next date by which the City
otherwise would be required to provide financial information and operating data pursuant to this
Section.
The financial information and operating data to be provided pursuant to this
Section may be set forth in full in one or more documents or may be included by specific
11111) reference to any document (including an official statement or other offering document, if it is
available from the MSRB) that theretofore has been provided to each NRMSIR and any SID or
filed with the SEC.
(c) Material Event Notices. The City shall notify any SID and either each NRMSIR
or the MSRB. in a timely manner, of any of the following events with respect to the Notes, if such
event is material within the meaning of the federal securities laws:
1. Principal and interest payment delinquencies;
2. Non-payment related defaults;
3. Unscheduled draws on debt service reserves reflecting financial
difficulties;
4. - Unscheduled draws on credit enhancements reflecting financial difficulties;
5. Substitution of credit or liquidity providers, or their failure to perform;
6. Adverse tax opinions or events affecting the tax-exempt status of the
Notes;
7. Modifications to r;ghts of holders of the Notes;
8. Note calls;
9. Defeasances;
10. Release, substitution, or sale of property securing repayment of the Notes;
and
11. Rating changes.
• 716826
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S The City shall notify any SID and either each NRMSIR or the MSRB, in a timely
manner, of any failure by the City to provide financial information or operating data in accordance
with subsection (b) of this Section by the time required by such Section.
(d) Limitations, Disclaimers, and Amendments. The City shall be obligated to observe
and perform the covenants specified in this Section while, but only while, the City remains an
"obligated person"with respect to the Notes within the meaning of the Rule, except that the City
in any event will give the notice required by subsection (c) hereof of any defeasance that cause
the City to be no longer such an "obligated person."
The provisions of this Section are for the sole benefit of the Holders and beneficial
owners of the Notes. and nothing in this Section, express or implied, shall give any benefit or any
legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes
to provide only the financial information, operating data, financial statements, and notices which
it has expressly agreed to provide pursuant to this Section and does not hereby undertake to
provide any other information that may be relevant or material to a complete presentation of the
City's financial results, condition, or prospects or hereby undertake to update any information
provided in accordance with this Section or otherwise, except as expressly provided herein. The
City does not make any representation or warranty concerning such information or its usefulness
to a decision to invest in or sell Notes at any future date.
UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER
OR BENEFICIAL OWNER OF ANY NOTE OR ANY OTHER PERSON, IN CONTRACT OR
TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE
CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT
SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON,
IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE
LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE.
No default by the City in observing or performing its obligations under this Section
shall constitute a breach of or default under this Ordinance for purposes of any other provision
of this Ordinance.
•
Nothing in this Section is intended or shall act to disclaim,waive, or otherwise limit
the duties of the City under federal and state securities laws.
The provisions of this Section may be amended by the City from time to time to
adapt to changed circumstances resulting from a change in legal requirements, a change in law,
or a change in the identity, nature, status, or type of operations of the City, but only if (1) the
provisions of this Section, as so amended, would have permitted underwriters to purchase or sell
Notes in the primary offering of the Notes in compliance with the Rule, taking into account any
amendments or interpretations of the Rule to the date of such amendment, as well as such
changed circumstances, and (2) either (a) the Holders of a majority in aggregate principal
amount(or any greater amount required by any other provision of this Ordinance that authorizes
such an amendment) of the Outstanding Notes consent to such amendment or(b) a Person that
is unaffiliated with the City (such as nationally recognized bond counsel) determines that such
• _�
•
amendment will not materially impair the interests of the Holders and beneficial owners of the
Notes. The provisions of this Section may also be amended from time to time or repealed by the
City if the SEC amends or repeals the applicable provisions of the Rule or a court of final
jurisdiction determines that such provisions are invalid, but only if and to the extent that
reservation of the City's right to do so would not prevent underwriters of the initial public offering
of the Notes from lawfully purchasing or selling Notes in such offering. If the City so amends the
provisions of this Section, it shall include with any amended financial information or operating
data next provided in accordance with subsection (b) an explanation, in narrative form, of the
reasons for the amendment and of the impact of any change in the type of financial information
or operating data so provided.
SECTION 30: Public Meeting. It is officially found, determined, and declared that the
meeting at which this Ordinance is adopted was open to the public and public notice of the time,
place, and subject matter of the public business to be considered at such meeting, including this •
Ordinance, was given, all as required by V.T.C.A., Government Code, Chapter 551.
SECTION 31: Effective Date. This Ordinance shall take effect and be in full force
immediately from and after its date of adoption shown below.
PASSED ON FIRST READING, October 6, 1998.
PASSED ON SECOND READING AND ADOPTED, this October 20, 1998.
CITY OF SOUTHLAKE, TEXAS
S
Mayor
ATTEST:
City Secretary
APPROVED AS TO LEGALITY:
City Attorney
(City Seal)
• _99_
EXHIBIT A
41) PAYING AGENT/REGISTRAR AGREEMENT
THIS AGREEMENT entered into as of October 20, 1998 (this "Agreement"), by and
between the City of Southlake, Texas (the "Issuer"), and U. S. Trust Company of Texas, N.A.,
a banking association duly organized and existing under the laws of the United States of
America, (the "Bank").
RECITALS
WHEREAS, the Issuer has duly authorized and provided for the issuance of its "City of
Southlake, Texas, Tax Notes, Series 1998" (the "Notes") in the aggregate principal amount of
84,275,000, such Notes to be issued in fully registered form only as to the payment of principal
and interest thereon; and
WHEREAS, the Notes are scheduled to be delivered to the initial purchasers on or about
November 17, 1998; and
WHEREAS, the Issuer has selected the Bank to serve as Paying Agent/Registrar in
connection with the payment of the principal of, premium, if any, and interest on said Notes and
with respect to the registration, transfer and exchange thereof by the registered owners thereof;
and
WHEREAS, the Bank has agreed to serve in such capacities for and on behalf of the
S Issuer and has full power and authority to perform and serve as Paying Agent/Registrar for the
Notes;
NOW, THEREFORE, it is mutually agreed as follows:
ARTICLE ONE
APPOINTMENT OF BANK AS
PAYING AGENT AND REGISTRAR
Section 1.01. Appointment. The Issuer hereby appoints the Bank to serve as
Paying Agent with respect to the Notes, and, as Paying Agent for the Notes, the Bank shall be
responsible for paying on behalf of the Issuer the principal, premium (if any), and interest on the
Notes as the same become due and payable to the registered owners thereof; all in accordance
with this Agreement and the "Note Resolution" (hereinafter defined). The Issuer hereby
appoints the Bank as Registrar with respect to the Notes and, as Registrar for the Notes, the
Bank shall keep and maintain for and on behalf of the Issuer books and records as to the
ownership of said Notes and with respect to the transfer and exchange thereof as provided
herein and in the "Note Resolution".
The Bank hereby accepts its appointment, and agrees to serve as the Paying Agent and
Registrar for the Notes.
n U 25
• Section 1.02. Compensation. As compensation for the Bank's services as Paying
Agent/Registrar, the Issuer hereby agrees to pay the Bank the fees and amounts set forth in
AnnexA attached hereto for the first year of this Agreement and thereafter the fees and amounts
set forth in the Bank's current fee schedule then in effect for services as Paying Agent/Registrar
for municipalities, which shall be supplied to the Issuer on or before 90 days prior to the close
of the Fiscal Year of the Issuer, and shall be effective upon the first day of the following Fiscal
Year.
In addition, the Issuer agrees to reimburse the Bank upon its request for all reasonable
expenses, disbursements and advances incurred or made by the Bank in accordance with any
of the provisions hereof (including the reasonable compensation and the expenses and
disbursements of its agents and counsel).
ARTICLE TWO
DEFINITIONS
Section 2.01. Definitions. For all purposes of this Agreement, except as otherwise
expressly provided or unless the context otherwise requires:
"Acceleration Date" on any Note means the date on and after which the principal
or any or all installments of interest, or both, are due and payable on any Note which has
become accelerated pursuant to the terms of the Note.
"Bank Office"means the offices of the Bank located in New York, New York at the
0 address appearing in Section 3.01 hereof. The Bank will notify the Issuer in writing of
any change in location of the Bank Office.
"Fiscal Year" means the fiscal year of the Issuer, ending September 30th.
"Holder" and "Note Holder" each means the Person in whose name a Note is
registered in the Note Register.
"Issuer Request" and "Issuer Order" means a written request or order signed in
the name of the Issuer by the Mayor, City Secretary, City Manager and Director of
Finance, any one or more of said officials, and delivered to the Bank.
"Legal Holiday" means a day on which the Bank is required or authorized to be
closed.
"Person" means any individual, corporation, partnership, joint venture,
association,joint stock company, trust, unincorporated organization or government or any
agency or political subdivision of a government.
"Predecessor Notes" ,of any particular Note means every previous Note
evidencing all or a portion of the same obligation as that evidenced by such particular
Note (and, for the purposes of this definition, any mutilated, lost, destroyed, or stolen
S -3333:.: -2-
EXHlBi T A
• Note for which a replacement Note has been registered and delivered in lieu thereof
pursuant to Section 4.06 hereof and the Resolution).
"Note Resolution"means the resolution,order,or ordinance of the governing body
of the Issuer pursuant to which the Notes are issued, certified by the Secretary or any
other officer of the Issuer and delivered to the Bank.
"Note Register means a register maintained by the Bank on behalf of the Issuer
providing for the registration and transfers of Notes.
"Redemption Date" when used with respect to any Note to be redeemed means
the date fixed for such redemption pursuant to the terms of the Note Resolution.
"Responsible Officer" when used with respect to the Bank means the Chairman
or Vice-Chairman of the Board of Directors, the Chairman or Vice-Chairman of the
Executive Committee of the Board of Directors, the President, any Vice President, the
Secretary, any Assistant Secretary, the Treasurer, any Assistant Treasurer, the Cashier,
any Assistant Cashier, any Trust Officer or Assistant Trust Officer, or any other officer of
the Bank customarily performing functions similar to those performed by any of the above
designated officers and also means, with respect to a particular corporate trust matter,
any other officer to whom such matter is referred because of his knowledge of and
familiarity with the particular subject.
"Stated Maturity" means the date specified in the Note Resolution the principal of
a Note is scheduled to be due and payable.
Section 2.02. Other Definitions. The terms"Bank,""Issuer,"and"Notes(Note)"have the
meanings assigned to them in the recital paragraphs of this Agreement.
The term "Paying Agent/Registrar" refers to the Bank in the performance of the duties
and functions of this Agreement.
ARTICLE THREE
PAYING AGENT
Section 3.01. Duties of Paying Agent. As Paying Agent, the Bank shall, provided
adequate collectedfunds have been provided to it for such purpose by or on behalf of the Issuer,
pay on behalf of the Issuer the principal of each Note at its Stated Maturity, Redemption Date,
or Acceleration Date, to the Holder upon surrender of the Note to the Bank at the following
offices:
By Hand: By Mail:
U. S. Trust Company U. S. Trust Company
of Texas, N.A. of Texas, N.A.
111 Broadway, Lower Level P. O. Box 841
Lower Level Cooper Station
New York, New York 10006-1906 New York, New York 10276
• ; -3-
EXHIBIT 4
As Paying Agent, the Bank shall, provided adequate collected funds have been provided
0 to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the interest on
each Note when due, by computing the amount of interest to be paid each Holder and making
payment thereof to the Holders of the Notes (or their Predecessor Notes) on the Record Date.
All payments of principal and/or interest on the Notes to the registered owners shall be
accomplished (1) by the issuance of checks, payable to the registered owners, drawn on the
fiduciary account provided in Section 5.05 hereof, sent by United States mail, first class, postage
prepaid, to the address appearing on the Note Register or(2) by such other method, acceptable
to the Bank, requested in writing by the Holder at the Holder's risk and expense.
Section 3.02. Payment Dates. The Issuer hereby instructs the Bank to pay the principal
of and interest on the Notes at the dates specified in the Note Resolution.
ARTICLE FOUR
REGISTRAR
Section 4.01. Note Register-Transfers and Exchanges. The Bank agrees to keep and
maintain for and on behalf of the Issuer at the Bank Office books and records(herein sometimes
referred to as the "Note Register") for recording the names and addresses of the Holders of the
Notes, the transfer, exchange and replacement of the Notes and the payment of the principal
of and interest on the Notes to the Holders and containing such other information as may be
reasonably required by the Issuer and subject to such reasonable regulations as the Issuer and
Bank may prescribe. All transfers, exchanges and replacement of Securities shall be noted in
the Note Register. The Bank represents and warrants its office in Dallas, Texas will at all times
0 have immediate access to the Note Register by electronic or other means and will be capable
at all times of producing a hard copy of the Note Register at its Dallas office for use by the
Issuer. All transfers, exchanges and replacement of Notes shall be noted in the Note Register.
Every Note surrendered for transfer or exchange shall be duly endorsed or be
accompanied by a written instrument of transfer, the signature on which has been guaranteed
by an officer of a federal or state bank or a member of the National Association of Notes
Dealers, in form satisfactory to the Bank. duly executed by the Holder thereof or his agent duly
authorized in writing.
The Bank may request any supporting documentation it feels necessary to effect a
re-registration, transfer or exchange of the Notes.
To the extent possible and under reasonable circumstances, the Bank agrees that, in
relation to an exchange or transfer of Notes, the exchange or transfer by the Holders thereof will
be completed and new Notes delivered to the Holder or the assignee of the Holder in not more
than three (3) business days after the receipt of the Notes to be cancelled in an exchange or
transfer and the written instrument of transfer or request for exchange duly executed by the
Holder, or his duly authorized agent, in form and manner satisfactory to the Paying
Agent/Registrar.
• -4-
EXHIBIT A
Section 4.02. Certificates. The Issuer shall provide an adequate inventory of printed
Notes to facilitate transfers or exchanges thereof. The Bank covenants that the inventory of
printed Notes will be kept in safekeeping pending their use and reasonable care will be exercised
by the Bank in maintaining such Notes in safekeeping, which shall be not less than the care
maintained by the Bank for debt securities of other governments or corporations for which it
series as registrar, or that is maintained for its own securities.
Section 4.03. Form of Note Register. The Bank, as Registrar, will maintain the Note
Register relating to the registration, payment, transfer and exchange of the Notes in accordance
with the Banks general practices and procedures in effect from time to time. The Bank shall not
be obligated to maintain such Note Register in any form other than those which the Bank has
currently available and currently utilizes at the time.
The Note Register may be maintained in written form or in any other form capable of
being converted into written form within a reasonable time.
Section 4.04. List of Note Holders. The Bank will provide the Issuer at any time
requested by the Issuer, upon payment of the required fee, a copy of the information contained
in the Note Register. The Issuer may also inspect the information contained in the Note Register
at any time the Bank is customarily open for business, provided that reasonable time is allowed
the Bank to provide an up-to-date listing or to convert the information into written form.
The Bank will not release or disclose the contents of the Note Register to any person
other than to. or at the written request of, an authorized officer or employee of the Issuer, except
• upon receipt of a court order or as otherwise required by law. Upon receipt of a court order and
prior to the release or disclosure of the contents of the Note Register, the Bank will notify the
Issuer so that the Issuer may contest the court order or such release or disclosure of the
contents of the Note Register.
Section 4.05. Return of Cancelled Certificates. The Bank will, at such reasonable
intervals as it determines, surrender to the Issuer, Notes in lieu of which or in exchange for which
other Notes have been issued, or which have been paid.
Section 4.06. Mutilated. Destroyed. Lost or Stolen Securities. The Issuer hereby
instructs the Bank, subject to the provisions of Section 11 of the Note Resolution, to deliver and
issue Notes in exchange for or in lieu of mutilated, destroyed, lost, or stolen Notes as long as the
same does not result in an overissuance.
In case any Note shall be mutilated, or destroyed, lost or stolen, the Bank may execute
and deliver a replacement Note of like form and tenor, and in the same denomination and
bearing a number not contemporaneously outstanding, in exchange and substitution for such
mutilated Note, or in lieu of and in substitution for such destroyed lost or stolen Note, only upon
the approval of the Issuer and after(i) the filing by the Holder thereof with the Bank of evidence
satisfactory to the Bank of the destruction, loss or theft of such Note, and of the authenticity of
the ownership thereof and (ii) the furnishing to the Bank of indemnification in an amount
satisfactory to hold the Issuer and the Bank harmless. All expenses and charges associated with
EXHJB T A
flP1
41 such indemnity and with the preparation, execution and delivery of a replacement Note shall be
borne by the Holder of the Note mutilated, or destroyed, lost or stolen.
Section 4.07. Transaction Information to Issuer. The Bank will,within a reasonable time
after receipt of written request from the Issuer, furnish the Issuer information as to the Notes it
has paid pursuant to Section 3.01, Notes it has delivered upon the transfer or exchange of any
Notes pursuant to Section 4.01, and Notes it has delivered in exchange for or in lieu of mutilated,
destroyed, lost, or stolen Notes pursuant to Section 4.06.
ARTICLE FIVE
THE BANK
Section 5.01. Duties of Bank. The Bank undertakes to perform the duties set forth
herein and agrees to use reasonable care in the performance thereof.
Section 5.02. Reliance on Documents, Etc. (a) The Bank may conclusively
rely, as to the truth of the statements and correctness of the opinions expressed therein, on
certificates or opinions furnished to the Bank.
•
(b) The Bank shall not be liable for any error of judgment made in good faith by a
Responsible Officer, unless it shall be proved that the Bank was negligent in ascertaining the
pertinent facts.
(c) No provisions of this Agreement shall require the Bank to expend or risk its own
S
funds or otherwise incur any financial liability for performance of any of its duties hereunder, or
in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that
repayment of such funds or adequate indemnity satisfactory to it against such risks or liability is
not assured to it.
(d) The Bank may rely and shall be protected in acting or refraining from acting upon
any resolution. certificate, statement, instrument, opinion, report, notice, request, direction,
consent. order, bond, note, security, or other paper or document believed by it to be genuine and
to have been signed or presented by the proper party or parties. Without limiting the generality
of the foregoing statement, the Bank need not examine the ownership of any Notes, but is
protected in acting upon receipt of Notes containing an endorsement or instruction of transfer
or power of transfer which appears on its face to be signed by the Holder or an agent of the
Holder. The Bank shall not be bound to make any investigation into the facts or matters stated
in a resolution, certificate, statement, instrument, opinion, report, notice, request, direction,
consent, order, bond, note, security, or other paper or document supplied by Issuer.
(e) The Bank may consult with counsel, and the written advice of such counsel or any
opinion of counsel shall be full and complete authorization and protection with respect to any
action taken, suffered, or omitted by it hereunder in good faith and in reliance thereon.
(f) The Bank may exercise any of the powers hereunder and perform any duties
hereunder either directly or by or through agents or attorneys of the Bank.
S '
EXHIBIT A
Section 5.03. Recitals of issuer. The recitals contained herein with respect to the issuer
• and in the Notes shall be taken as the statements of the issuer, and the Bank assumes no
responsibility for their correctness.
The Bank shall in no event be liable to the Issuer, any Holder or Holders of any Note, or
any other Person for any amount due on any Note from its own funds.
Section 5.04. May Hold Notes. The Bank, in its individual or any other capacity, may
become the owner or pledgee of Notes and may otherwise deal with the _suer with the same
rights it would have if it were not the Paying Agent/Registrar. or any other agent.
Section 5.05. Moneys Held by Bank- Fiduciary AcccuntiCollateralization. A fiduciary
account shall at all times be kept and maintained by the Bank for the receipt, safekeeping and
disbursement of moneys received from the Issuer hereunder for the payment of the Notes, and
money deposited to the credit of such account until paid to the Holders of the Notes shall be
continuously collateralized by securities or obligations which qualify and are eligible under both
the laws of the State of Texas and the laws of the United States of America to secure and be
pledged as collateral for fiduciary accounts to the extent such money is not insured by the
Federal Deposit Insurance Corporation. Payments made from such fiduciary account shall be
made by check drawn on such fiduciary account unless the owner of such Notes shall, at its own
expense and risk, request such other medium of payment.
The Bank shall be under no liability for interest on any money received by it hereunder.
Subject to the applicable unclaimed property laws of the State of Texas, any money
4)
deposited with the Bank for the payment of the principal, premium (if any), or interest on any
Note and remaining unclaimed for four years after final maturity of the Note has become due and
payable will be paid by the Bank to the Issuer, and the Holder of such Note shall thereafter look
only to the Issuer for payment thereof, and all liability of the Bank with respect to such moneys
shall thereupon cease.
Section 5.06. Indemnification. To the extent permitted by law, the Issuer agrees to
indemnify the Bank for, and hold it harmless against, any loss, liability, or expense incurred
without negligence or bad faith on its part, arising out of or in connection with its acceptance or
administration of its duties hereunder, including the cost and expense against any claim or
liability in connection with the exercise or performance of any of its powers or duties under this
Agreement.
Section 5.07. Interpleader. The issuer and the Bank agree that the Bank may seek
adjudication of any adverse claim, demand, or controversy over its person as well as funds on
deposit, in either a Federal or State District Court located in the State and County where either
the Bank Office or the administrative offices of the Issuer is located, and agree that service of
process by certified or registered mail, return receipt requested, to the address referred to in
Section 6.03 of this Agreement shall constitute adequate service. The Issuer and the Bank
further agree that the Bank has the right to file a Bill of Interpleader in any court of competent
jurisdiction to determine the rights of any Person claiming any interest herein.
. -.......
-7-
EXHIBIT A
•
Section 5.08. DT Servicas. It is hereby represented and warranted that, in the event the
• Notes are otherwise qualified and accepted for "Depository Trust Company" services or
equivalent depository trust services by other organizations, the Bank has the capability and, to
the extent within its control, will comply with the "Operational Arrangements", effective August
1, 1987,which establishes requirements for securities to be eligible for such type depository trust
services, including, but not limited to, requirements for the timeliness of payments and funds
availability, transfer turnaround time, and notification of redemptions and calls.
ARTICLE SIX
MISCELLANEOUS PROVISIONS
Section 6.01. Amendment. This Agreement may be amended only by an agreement in
v r'tn ng signed by both of the parties hereto.
Section 6.02. Assignment. This Agreement may not be assigned by either party without
the prior written consent of the other.
Section 6.03. Notices. Any request, demand, authorization, direction, notice, consent,
waiver, or other document provided or permitted hereby to be given or furnished to the Issuer
or the Bank shall be mailed or delivered to the Issuer or the Bank, respectively, at the addresses
shown on page 9.
Section 6.04. Effect of Headinas. The Article and Section headings herein are for
convenience only and shall not affect the construction hereof.
III Section 6.05. Successors and Assigns. All covenants and agreements herein by the
Issuer shall bind its successors and assigns, whether so expressed or not.
Section 6.06. Severability. In case any provision herein shall be invalid, illegal, or
unenforceable,the validity, legality,and enforceability of the remaining provisions shall not in any
way be affected or impaired thereby.
Section 6.07. Benefits of Agreement. Nothing herein, express or implied, shall give to
any Person, other than the parties hereto and their successors hereunder, any benefit or any
legal or equitable right, remedy, or claim hereunder.
Section 6.08. Entire Agreement. This Agreement and the Note Resolution constitute the
entire agreement between the parties hereto relative to the Bank acting as Paying
Agent/Registrar and if any conflict exists between this Agreement and the Note Resolution, the
Note Resolution shall govern.
Section 6.09. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original and all of which shall constitute one and
the same Agreement.
Section 6.10. Termination. This Agreement will terminate (i) on the date of final
payment of the principal of and interest on the Notes to the Holders thereof or(ii) may be earlier
• _.. _._ -8-
EXHIBIT _A
KI i ✓3
• terminated by either party upon sixty (60) days written notice: provided, however, an early
termination of this Agreement by either party shall not be effective until (a) a successor Paying
Agent/Registrar has been appointed by the Issuer and such appointment accepted and(b)notice
given to the Holders of the Notes of the appointment of a successor Paying Agent/Registrar.
Furthermore, the Bank and Issuer mutually agree that the effective date of an early termination
of this Agreement shall not occur at any time which would disrupt, delay or otherwise adversely
affect the payment of the Notes.
Upon an early termination of this Agreement, the Bank agrees to promptly transfer and
deliver the Note Register (or a copy thereof), together with other pertinent books and records
eating to the Notes. to the successor Paying Agent/Registrar designated and aopclnted by the
Issuer.
The provisions of Section 1.02 and of Article Five shall survive and remain in full force
and effect following the termination of this Agreement.
Section 6.11. Governing Law. This Agreement shall be construed in accordance with
and governed by the laws of the State of Texas.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement as of the day and year first above written.
U. S. TRUST COMPANY OF TEXAS, N.A.,
Dallas, Texas
• BY
Title:
[SEAL]
Attest:
Address: 2001 Ross Avenue, 27'" Floor
Dallas, Texas 75201-4222
Title:
CITY OF SOUTHLAKE, TEXAS
BY
Mayor
(CITY SEAL)
Address: 667 N. Carroll Avenue
Attest: Southlake, Texas 76092
City Secretary
0 - -9-
EXHIBIT A
is - 33
Exhibit B
to
Ordinance
DESCRIPTION OF ANNUAL FINANCIAL INFORMATION
The following information is referred to in Section 29 of this Ordinance.
Annual Financial Statements and Operating Data
The financial information and operating data with respect to the City to be provider
annually in accordance with such Section are as specified (and included in the Appendix or
under the hearings of the Official Statement referred to) below:
1. The financial statements of the City appended to the Official Statement
as Appendix B, but for the most recently concluded fiscal year.
2. The information under Tables 1 through
Accounting Principles
The accounting principles referred to in such Section are the generally accepted
accounting principles as applicable to governmental units as prescribed by The Government
Accounting Standards Board.
S
•- 7,,82
•
CITY OF SOUTHLAKE, TEXAS
(Tarrant and Denton Counties)
$4,275,000
TAX NOTES, SERIES 1998
•
Sealed Bids Due Tuesday, October 20, 1998,
at 3:00 PM, CDT
NOTICE OF SALE
AND
BIDDING INSTRUCTIONS
ON
$4,275,000
CITY OF SOUTHLAKE,TEXAS
(Tarrant and Denton Counties)
TAX NOTES,SERIES 1998
Sealed Bids Due October 20,1998 at 3:00 P.M.,CDT
THE NOTES WILL NOT BE DESIGNATED AS"QUALIFIED TAX-EXEMPT OBLIGATIONS"FOR FINANCIAL INSTITUTIONS.
THE SALE
NOTES OFFERED FOR SALE AT COMPETITIVE BIDDING . . . The City of Southlake, Texas (the "City") is offering for sale its
$4,275,000 Tax Notes,Series 1998(the"Notes").
ADDRESS OF BIDs . . . Sealed bids, plainly marked "Bid for Notes", should be addressed to "Mayor and City Council, City of
Southlake,Texas",and delivered to the office of the Financial Advisor,First Southwest Company, 1700 Pacific Avenue, Suite 500,
Dallas,Texas,prior to 3:00 P.M.,CDT,on the date of the bid opening. All bids must be submitted on the Official Bid Form,without
alteration or interlineation.
BIDS BY TELEPHONE OR FACSIMILE. . . Bidders must submit SIGNED Official Bid Forms to James S. Sabonis, First Southwest
Company, 1700 Pacific Avenue,Suite 500,Dallas,Texas 75201,and submit their bid by telephone or facsimile(fax)on the date of
the sale.
Telephone bids will be accepted at(214)953-4037,between 2:30 P.M.and 3:00 P.M.
Fax bids must be received between 2:15 P.M.and 2:45 P.M.,on the date of the sale at(214)953-4050,attention James S.Sabonis.
First Southwest Company will not be responsible for submitting any bids received after the above deadlines.
First Southwest Company assumes no responsibility or liability with respect to any irregularities associated with the submission of
bids if telephone or fax options are exercised.
PLACE AND TIME OF BID OPENING...The bids for the Notes will be publicly opened and read in the office of the Financial Advisor
at 3:00 P.M.,CDT,Tuesday,October 20, 1998.
AwARD OF THE NOTES...The City Council will take action to award the Notes(or reject all bids)at a meeting scheduled to convene
at 7:00 P.M., CDT, on the date of the bid opening, and adopt an ordinance authorizing the Notes and approving the Official
Statement(the"Ordinance").
THE NOTES
DESCRIPTION...The Notes will be dated October 15, 1998(the"Notes Date"). Interest will accrue from the Notes Date and will be
due and payable on August 15, 1999 and each February 15 and August 15 thereafter until the earlier of maturity or prior redemption.
The Notes will be issued only in fully registered form in any integral multiple of$5,000 for any one maturity. The Notes will mature
on February 15,in each year as follows:
MATURITY SCHEDULE
Principal
Year Amount
2000 $ 740,000
2001 830,000
2002 865,000
2003 900,000
' 2004 940,000
BOOK-ENTRY-ONLY SYSTEM . . . The City intends to utilize the.Book-Entry-Only System of The Depository ryTrust Company pany
("DTC"). See"The Notes-Book-Entry-Only System"in the Official Statement.
REDEMPTION...The Notes are not optional for prior payment.
i
their "issue price" substantially in the form and to the effect attached hereto or accompanying this Notice of Sale and Bidding
Instructions. In the event the successful bidder will not reoffer the Notes for sale,such notes may be modified in a manner approved
by the City. In no event will the City fail to deliver the Notes as a result of the Initial Purchaser's inability to sell a substantial
amount of the Notes at a particular price prior to delivery. Each bidder,by submitting its bid,agrees to complete,execute,and
deliver such a note by the date of delivery of the Notes,if its bid is accepted by the City. It will be the responsibility of the Purchaser
to institute such syndicate reporting requirements to make such investigation,or otherwise to ascertain the facts necessary to enable it
to make such certification with reasonable certainty. Any questions concerning such certification should be directed to Bond
Counsel.
LEGAL OPINIONS. . .The Notes are offered when,as and if issued,subject to the approval of the Attorney General of the State of
Texas. Delivery of and payment for the Notes is subject to the receipt by the Purchaser of opinions of Bond Counsel,to the effect
that the Notes are valid and binding obligations of the City and that the interest on the Notes will be excludable from gross income
for federal income tax purposes under existing law, subject to the matters described under "Tax Matters" herein, including the
alternative minimum tax on corporations.
CERTIFICATION OF OFFICIAL STATEMENT...At the time of payment for and Initial Delivery of the Notes,the City will execute and
deliver to the Purchaser a note in the form set forth in the Official Statement.
CHANGE IN TAx EXEMPT STATUS. . .At any time before the Notes are tendered for delivery,the Purchaser may withdraw its bid if
the interest received by private holders on obligations of the same type and character shall be declared to be includable in gross
income under present federal income tax laws,either by ruling of the Internal Revenue Service or by a decision of any Federal court,
or shall be declared taxable or be required to be taken into account in computing any federal income taxes, by the terms of any
federal income tax law enacted subsequent to the date of this Notice of Sale and Bidding Instructions.
GENERAL
FINANCIAL ADVISOR. ..First Southwest Company is employed as Financial Advisor to the City in connection with the issuance of
the Notes. The Financial Advisor's fee for services rendered with respect to the sale of the Notes is contingent upon the issuance and
delivery of the Notes. First Southwest Company has agreed, in its Financial Advisory contract, not to bid for the Notes, either
independently or as a member of a syndicate organized to submit a bid for the Notes. First Southwest Company,in its capacity as
Financial Advisor,has relied on the opinion of Bond Counsel and has not verified and does not assume any responsibility for the
information,covenants and representations contained in any of the legal documents with respect to the federal income tax status of
the Notes,or the possible impact of any present,pending or future actions taken by any legislative or judicial bodies.
BLUE SKY LAWS. . .By submission of its bid,the Purchaser represents that the sale of the Notes in states other than Texas will be
made only pursuant to exemptions from registration or,where necessary,the Purchaser will register the Notes in accordance with the
securities law of the states in which the Notes are offered or sold. The City agrees to cooperate with the Purchaser,at the Purchaser's
written request and expense, in registering the Notes or obtaining an exemption from registration in any state where such action is
necessary,provided,however,that the City shall not be obligated to execute a general or special consent to service of process in any
such jurisdiction.
NOT AN OFFER TO SELL. . .This Notice of Sale and Bidding Instructions does not alone constitute an offer to sell the Notes,but is
merely notice of the sale of the Notes. The offer to sell the Notes is being made by means of the Notice of Sale and Bidding
Instructions,the Official Bid Form and the Official Statement. Prospective purchasers are urged to carefully examine the Official
Statement to determine the investment quality of the Notes.
ISSUANCE OF ADDITIONAL DEBT . . . The City anticipates the issuance of approximately$18 million of general obligation debt
within the next twelve months.
RATINGS.. .The presently outstanding tax supported debt of the City is rated"Al"by Moody's Investors Service,Inc.("Moody's")
and "A+" by Standard&Poor's Ratings Services, a Division of The McGraw-Hill Companies, Inc. ("S&P"). The City also has
various issues outstanding which are rated "Aaa" by Moody's and "AAA" by S&P through insurance by various commercial
insurance companies. Application for contract ratings on this issue has been made to both Moody's and S&P. The results of their
determinations will be provided as soon as possible.
MUNICIPAL BOND INSURANCE. . . In the event the Notes are qualified for municipal bond insurance, and the Purchaser desires to
purchase such insurance,the cost therefor will be paid by the Purchaser. Any fees to be paid to the rating agencies as a result of
said insurance will be paid by the City. It will be the responsibility of the Purchaser to disclose the existence of insurance,its terms
and the effect thereof with respect to the reoffering of the Notes.
THE OFFICIAL STATEMENT AND COMPLIANCE WITH SEC RULE 15C2-12. . The City has prepared the accompanying Official
Statement and,for the limited purpose of complying with SEC Rule 15c2-12,deems such Official Statement to be final as of its date
within the meaning of such Rule for the purpose of review prior to bidding. To the best knowledge and belief of the City, the
Official Statement contains information,including financial information or operating data,concerning every entity,enterprise,fund,
account, or person that is material to an evaluation of the offering of the Notes. The City has entered into a previous continuing
disclosure undertakings as specified in SEC Rule 15c2-12(b)(5)(i) and, accordingly, has not failed to comply with any such
undertaking.Representations made and to be made by the City concerning the absence of material misstatements and omissions in
the Official Statement are addressed elsewhere in this Notice of Sale and Bidding Instructions and in the Official Statement.
iii
OFFICIAL BID FORM
Honorable Mayor and City Council October 20,1998
City of Southlake,Texas
Members of the City Council:
Reference is made to your Official Statement and Notice of Sale and Bidding Instructions, dated October 7, 1998 of$4,275,000
CITY OF SOUTHLAKE,TAX NOTES,SERIES 1998,both of which constitute a part hereof.
For your legally issued Bonds,as described in said Notice of Sale and Bidding Instructions and Official Statement,we will pay you
par and accrued interest from date of issue to date of delivery to us,plus a cash premium of$ for bonds maturing and
bearing interest as follows:
Principal Interest
Maturity Amount Rate
2000 $ 740,000
2001 830,000
2002 865,000
2003 900,000
2004 940,000
Our calculation(which is not a part of this bid)of the interest cost from the above is:
Total Interest Cost
We are having the Notes of the following maturities insured by
at a premium of$ ,said premium to be paid by the Purchaser. Any fees to be paid to the rating
agencies as a result of said insurance will be paid by the City.
The Initial Notes shall be registered in the name of ,which will,upon payment for the
Notes,be cancelled by the Paying Agent/Registrar. '1'he Notes will then be registered in the name of Cede&Co. (DTC's partnership
nominee),under the Book-Entry-Only System.
A bank cashier's check or certified check of the Bank, ,in the amount of$
which represents our Good Faith Deposit(is attached hereto)or(has been made available to you prior to the opening of this bid),and is
submitted in accordance with the terms as set forth in the Official Statement and Notice of Sale and Bidding Instructions.
We agree to accept delivery of the Notes utilizing the Book-Entry-Only System through DTC and make payment for the Initial Notes in
immediately available funds in the Corporate Trust Division,Chase Bank of Texas,N.A.,Dallas,Texas,not later than 10:00 A.M.,CST,
on November 17, 1998,or thereafter on the date the Notes are tendered for delivery,pursuant to the terms set forth in the Notice of Sale
and Bidding Instructions. It will be the obligation of the purchaser of the Notes to complete the DTC Eligibility Questionnaire.
The undersigned agrees to complete, execute, and deliver to the City, at least six business days prior to delivery of the Notes, a note
relating to the"issue price"of the Notes in the form and to the effect accompanying the Notice of Sale and Bidding Instructions,with such
changes thereto as may be acceptable to the City.
We agree to provide in writing the initial reoffering prices and other terms,if any,to the Financial Advisor by the close of the next
business day after the award.
Respectfully submitted,
By
Authorized Representative
ACCEPTANCE CLAUSE
The above and foregoing bid is hereby in all things accepted by the City of Southlake,Texas,subject to and in accordance with the Notice
of Sale and Bidding Instructions,this the 20th day of October, 1998.
ATTEST:
Mayor
City of Southlake,Texas
City Secretary
1
ISSUE PRICE CERTIFICATE
The undersigned hereby certifies with respect to the sale of CITY OF SOUTHLAKE,TEXAS,TAX NOTES, SERIES 1998(the
"Notes"),issued in aggregate principal amount of$4,275,000,as follows:
1. The undersigned is the underwriter or the manager of the syndicate of underwriters which has purchased the Notes from the
City of Southlake,Texas(the"Issuer")at competitive sale.
2. The undersigned and/or one or more other members of the underwriting syndicate,if any,have made a bona fide offering to the
public of the Notes of each maturity at the respective prices set forth below.
3. The initial offering price(expressed as a percentage of principal amount or yield and exclusive of accrued interest)for the Notes
of each maturity at which a substantial amount of the Notes of such maturity was sold to the public is as set forth below:
Principal Offering
Amount Year of Price
Maturing Maturity (%/Yield)
$ 740,000 2000
830,000 2001
865,000 2002
900,000 2003
940,000 2004
4. The term"public,"as used herein,means persons other than bondhouses,brokers,dealers,and similar persons or organizations
acting in the capacity of underwriters or wholesalers.
5. The offering prices described above reflect current market prices at the time of such sales.
6. The undersigned and/or one or more other members of the underwriting syndicate, as the case may be, (have)(have not)
purchased bond insurance for the Notes. The bond insurance, if any, has been purchased from
(the"Insurer")for a premium cost of$ (net of any nonguarantee
cost,e.g.,rating agency fees). The amount of such cost is set forth in the Insurer's commitment and is separately stated from all
other fees or charges payable to the Insurer. The premium does not exceed a reasonable charge for the transfer of credit risk
taking into account payments charged by guarantors in comparable transactions(including transactions in which a guarantor has
no involvement other than as a guarantor). The present value of the debt service savings expected to be realized as a result of
such insurance, discounted at a rate equal to the yield on the Notes which results after recovery of the insurance premium,
exceeds the present value of the bond insurance premium.
7. The undersigned understands that the statements made herein will be relied upon by the Issuer in its effort to comply with the
conditions imposed by the Internal Revenue Code of 1986,as amended,on the excludability of interest on the Notes from the
gross income of their owners.
EXECUTED and DELIVERED this day of , 19_
(Name of Underwriter or Manager)
By
(Title)
OFFICIAL STATEMENT
• Dated October 7,1998 Ratings:
Moody's: Applied For
S&P: Applied For
See("Other Information.'
NEW ISSUE-Book-Entry-Only Ratings"herein)
In the opinion of Bond Counsel, interest on the Notes will be excludable from gross income for federal income tax purposes
under existing law, subject to the matters described under"Tax Exemption" herein, including the alternative minimum tax on
corporations.
THE NOTES WILL NOT BE DESIGNATED AS"QUALIFIED TAX-EXEMPT OBLIGATIONS"FOR FINANCIAL
INSTITUTIONS •
$4,275,000
CITY OF SOUTHLAKE,TEXAS
(Tarrant and Denton Counties)
TAX NOTES,SERIES 1998
Dated Date: October 15,1998 Due: February 15,as shown below
PAYMENT TERMS ...Interest on the $4,275,000 City of Southlake, Texas, Tax Notes, Series 1998 (the "Notes") will accrue
from October 15, 1998, (the "Dated Date") and will be payable August 15 and February 15 of each year commencing
August 15, 1999,and will be calculated on the basis of a 360-day year consisting of twelve 30-day months.The definitive Notes
will be initially registered and delivered only.to Cede&Co.,the nominee of The Depository Trust Company("DTC")pursuant
to the Book-Entry-Only System described herein. Beneficial ownership of the Notes may be acquired in denominations of
$5,000 or integral multiples thereof. No physical delivery of the Notes will be made to the owners thereof. Principal of,
premium, if any, and interest on the Notes will be payable by the Paying Agent/Registrar to Cede & Co., which will make
distribution of the amounts so paid to the participating members of DTC for subsequent payment to the beneficial owners of the
• Notes. See"The Notes-Book-Entry-Only System" herein. The initial Paying Agent/Registrar is Chase Bank of Texas,N.A.,
Dallas,Texas(see"The Notes-Paying Agent/Registrar").
AUTHORITY FOR ISSUANCE. . .These Notes constitute direct obligations of the City,payable from an ad valorem tax levied within
the limits prescribed by law, on all taxable property located within the City, as provided in the ordinance (the "Ordinance")
authorizing the Notes(see"Note Information-Authority for Issuance").
PURPOSE . . . Proceeds from the sale of the Notes will be used for(i)the purchase of land for public safety facilities, and(ii)
professional services rendered in relation to such projects and purposes and the financing thereof;now,therefore.
MATURITY SCHEDULE
Offering
Principal Interest Price
Maturity Amount Rate or Yield
2000 $ 740,000 % %
2001 830,000 % %
2002 865,000 % %
2003 900,000 % %
2004 940,000 % %
(Accrued Interest from October 15,1998 to be added.)
REDEMPTION PROVISIONS...The Notes are not optional for prior payment.
LEGALITY . . . The Notes are offered for delivery when, as and if issued and received by the Purchasers and subject to the
approving opinion of the Attorney General of Texas and the opinion of Fulbright& Jaworski L.L.P.; Bond Counsel, Dallas,
Texas(see Appendix C,"Form of Bond Counsel's Opinion").
• DELIVERY . . . It is expected that the Notes will be available for delivery through The Depository Trust Company on
November 17, 1998.
OFFICIAL STATEMENT SUMMARY
This summary is subject in all respects to the more complete information and definitions.contained or incorporated in this
al
Official Statement. The offering of the Notes to potential investors is made only by means of this entire Official Statement. No
person is authorized to detach this summary from this Official Statement or to otherwise use it without the entire Official
Statement.
THE CITY The City of Southlake is a political subdivision and municipal corporation of the State,
' located in Tarrant and Denton Counties, Texas. The City covers approximately 23 square
miles(see"Introduction-Description of City").
THE NOTES The Notes are issued as$4,275,000 Tax Notes, Series 1998. The Notes are issued as serial
Notes maturing February 15,2000 through February 15,2004 unless the purchaser designates
one or more maturities as a Term Certificate(see"The Notes-Description of the Notes").
PAYMENT OF INTEREST Interest on the Notes accrues from October 15, 1998, and is payable August 15, 1999, and
each February 15 and August 15,thereafter until maturity(see"The Notes-Description'of
the Notes").
AUTHORITY FOR ISSUANCE The Notes are being issued pursuant to the general laws of the State of Texas, particularly
Vernon's Annotated Civil Statutes, Article 717w (Chapter 137,-Acts 73rd Legislature.Regular
Session 1993),and an Ordinance passed by the City Council of the City(see "Note Information
-Authority for Issuance").
SECURITY FOR THE
NOTES The Notes constitute direct obligations of the City payable from a continuing ad valorem tax
levied on all taxable property within the City in an amount sufficient to provide for payment of
principal of and interest on all ad valorem tax debt, within the limits prescribed by law (see
"Note Information-Security for Notes"). -
REDEMPTION FOR THE NOTES The Notes are not subject to redemption for prior maturity.
• TAX EXEMPTION In the opinion of Bond Counsel,the interest on the Notes will be excludable from gross income
for federal income tax purposes under existing law, subject to the matters described under
"Other Information - Tax Exemption" herein, including the alternative minimum tax on
corporations.
USE OF PROCEEDS Proceeds from the sale of the Notes will be used for(i)the purchase of land for public safety.
facilities,and(ii)professional services rendered in relation to such projects and purposes and
the financing thereof;now,therefore.
RATINGS The presently outstanding tax supported debt of the City is rated"Al" by Moody's Investors
Service, Inc. ("Moody's"), and "A+" by Standard& Poor's Ratings Services,,A Division of
The McGraw-Hill Companies,Inc. ("S&P"). The City also has issues outstanding which are
rated "Aaa" by Moody's, and "AAA" by S&P through insurance by various commercial
insurance companies. Applications for contract ratings on this issue have been made to
Moody's and S&P. The results of their determinations will be provided as soon as possible.
The City also has issues outstanding which are rated"Aaa"by Moody's and"AAA"by S&P
.through insurance by various commercial insurance companies (see "Other Information -
Ratings").
BOOK-ENTRY-ONLY
SYSTEM The definitive Notes will be initially registered and delivered only to Cede & Co., the
nominee of DTC pursuant to the Book-Entry-Only .System described herein. Beneficial
ownership of the Notes may be acquired in denominations of$5,000 or integral multiples
thereof. No physical delivery of the Notes will be made to the beneficial owners thereof.
Principal of, premium, if any, and interest on the Notes will be payable by the Paying
Agent/Registrar to Cede& Co., which will make distribution of the amounts so paid to the
participating members of DTC for subsequent payment to the beneficial owners of the Notes
S
(see"The Notes-Book-Entry-Only System").
PAYMENT RECORD The City has never defaulted in payment of its general obligation tax debt.
3
CITY OFFICIALS,STAFF AND CONSULTANTS
ELECTED OFFICIALS
• Length of Term
City Council Service Expires Occupation
Rick Stacy 3 Years May-00 Owner&President of Furniture Store
Mayor
W.Ralph Evans 3 Years May-99 Mortgage Banker
Mayor Pro Tern
Scott Martin 3 Years May-99 Architect
Deputy Mayor Pro-Tem
Gary Fawks 3 Years May-00 International
Councilmember Import/Export Trading
Wayne Moffat 3 Years May-00 Firefighter
Councilmember
Debra Edmondson 1 Year May-01 Community Volunteer
Councilmember
Veronica"Ronnie"Kendall 1 Year May-01 Homemaker
Councilmember
SELECTED ADMINISTRATIVE STAFF
• Length of
Name Position Service
Curtis E.Hawk City Manager 10 Years
Lou Ann Heath Director of Finance 8 Years
Sandra L.LeGrand City Secretary 21 Years
CONSULTANTS AND ADVISORS
Auditors Weaver and Tidwell L.L.P.
Dallas,Texas
Bond Counsel Fulbright&Jaworski L.L.P.
Dallas,Texas
Financial Advisor First Southwest Company
Dallas,Texas
•
5
OFFICIAL STATEMENT
RELATING TO
0 $4,275,000
CITY OF SOUTHLAKE,TEXAS
TAX NOTES,SERIES 1998
INTRODUCTION
This Official Statement, which includes the Appendices hereto, provides certain information regarding the issuance of
$4,275,000 City of Southlake,Texas,Tax Notes, Series 1998. Capitalized terms used.in this Official Statement have the same
meanings assigned to such terms in the Ordinance to be adopted on the date of sale of the Notes which will authorize the
issuance of the Notes,except as otherwise indicated herein.
There follows in this Official Statement descriptions of the Notes and certain information regarding the City and its finances.All
descriptions of documents contained herein are only summaries and are qualified in their entirety by reference to each such
document. Copies of such documents may be obtained from the City's Financial Advisor,.First Southwest Company, Dallas,
Texas.
DESCRIPTION OF THE.CITY. . . The City is a political subdivision and municipal corporation of the State, duly organized and
existing under the laws of the State, including the City's Home Rule Charter. The City first adopted its Home Rule Charter in
1987. The City operates under a Council/Manager form of government with a City Council comprised of the Mayor and six
Councilmembers who are elected for staggered three-year terms. The City Council formulates operating policy for the City
while the City Manager is the chief administrative officer. Some of the services that the City provides are:public safety(police
and fire protection),highways and streets,water and sanitary sewer utilities, culture-recreation,public improvements, planning
and zoning,and general administrative services. The 1990 Census population for the City was 7,082,while the estimated 1998
population is 19,250. The City covers approximately 23 square miles.
THE NOTES
SDESCRIPTION OF THE NOTES . . .The Notes are dated October 15, 1998,and mature on February 15 in each of the years and in
the amounts shown on the cover page hereof. Interest will be computed on the basis of a 360-day year of twelve 30-day months,
and will be payable on February 15 and August 15,commencing August 15, 1999. The definitive Notes will be issued only in
fully registered form in any integral multiple of$5,000 for any one maturity and will be initially registered and delivered only to
Cede & Co., the nominee of The Depository Trust Company ("DTC") pursuant to the Book-Entry-Only System described
herein. No physical delivery of the Notes will be made to the owners thereof. Principal of,premium, if any,and interest on
the Notes will be payable by the Paying Agent/Registrar to Cede&Co.,which will make distribution of the amounts so paid to
the participating members of DTC for subsequent payment to the beneficial owners of the Notes. See "Book-Entry-Only
System".herein.
AUTHORITY FOR ISSUANCE...The Notes are being issued pursuant to the general laws of the State of Texas,particularly Vemon's
Annotated Civil Statutes,Article 717w(Chapter 137,Acts 73rd Legislature Regular Session 1993),and an Ordinance passed by the
City Council of the City(see"Note Information-Authority for Issuance").
SECURITY AND SOURCE OF PAYMENT. . .The Notes constitute direct obligations of the City payable from a continuing ad valorem
tax levied on all taxable property within the City in an amount sufficient to provide for payment of principal of and interest on all
ad valorem tax debt,within the limits prescribed by law(see"Note Information-Security for Notes").
TAX RATE LIMITATION.. .All taxable property within the City is subject to the assessment,levy and collection by the City of a
continuing,direct annual ad valorem tax sufficient to provide for the payment of principal of and interest on all ad valorem tax
debt within the limits prescribed by law. Article XI,Section 5,of the Texas Constitution is applicable to the City,and limits its
maximum ad valorem tax rate to$2.50 per$100 Taxable Assessed Valuation for all City purposes. The Home Rule Charter of
the City adopts the constitutionally authorized maximum tax rate of$2.50 per$100 Taxable Assessed Valuation.
REDEMPTION...The Notes are not subject to redemption for prior maturity.
BOOK-ENTRY-ONLY SYSTEM . . . The Depository Trust Company ("DTC"), New York, New York, will act as securities
depository for the Notes. The Notes will be issued as fully-registered securities registered in the name of Cede&Co. (DTC's
partnership nominee). One fully-registered Note will be issued for each maturity of the Notes in the aggregate principal amount
S
of each such maturity and will be deposited with DTC.
DTC is a limited-purpose trust company organized under the New York Banking Law, a "banking organization" within the
meaning of the New York Banking Law,a member of the Federal Reserve System,a"clearing corporation"within the meaning
7
Information concerning DTC and the Book-Entry-Only System has:been obtained from DTC and is not guaranteed as to
accuracy or completeness by,and is not to be construed as a representation by the City or the Purchasers.
SPAYING AGENT/REGISTRAR . . . The initial Paying Agent/Registrar is Chase Bank of Texas, N.A., Dallas, Texas. In the
Ordinance,the City retains the right to replace the Paying Agent/Registrar. The City covenants to maintain and provide a Paying
Agent/Registrar at all times until the Notes are duly paid and any successor Paying Agent/Registrar shall be a commercial bank
or trust company organized under the laws of the State of Texas or other entity duly qualified and legally authorized to serve as
and perform the duties and services of Paying Agent/Registrar for the Notes. Upon any change in the Paying Agent/Registrar for
the Notes,the City agrees to promptly cause a written notice thereof to be sent to.each registered owner of the Notes by United
States mail,first class,postage prepaid,which notice shall also give the address of the new Paying Agent/Registrar.
TRANSFER, EXCHANGE AND REGISTRATION. . . In the event the Book-Entry-Only System should be discontinued, the Notes
may be transferred and exchanged on the registration books of the Paying Agent/Registrar only upon presentation and surrender
thereof to the Paying Agent/Registrar and such transfer or exchange shall be without expense or service charge to the registered
owner, except for any tax or other governmental charges required to be paid with respect to such registration, exchange and
transfer. Notes may be assigned by the execution of an assignment form on the respective Notes or by other instrument of
transfer and assignment acceptable to the Paying Agent/Registrar. New Notes will be delivered by the Paying Agent/Registrar,
in lieu of the Notes being transferred or exchanged,at the principal office of the Paying Agent/Registrar,or sent by United States
mail, first class, postage prepaid, to the new registered owner or his designee. To the extent possible, new Notes issued in an
exchange or transfer of Notes will be delivered to the registered owner or assignee of the registered owner in not more than three
business days after the receipt of the Notes to be canceled, and the written instrument of transfer or request for exchange duly
executed by the registered owner or his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. New Notes
registered and delivered in an exchange or transfer shall be in any integral multiple of$5,000 for any one maturity and for a like
aggregate principal amount as the Notes surrendered for exchange or transfer. See "Book-Entry-Only System" herein for a
description of the system to be utilized initially in regard to ownership and transferability of the Notes.
RECORD DATE FOR INTEREST PAYMENT...The record date("Record Date")for the interest payable on the Notes on any
interest payment date means the close of business on the last business day of the preceding month.
In the event of a non-payment of interest on a scheduled payment date, and for 30 days thereafter, a new record date for such
interest payment(a"Special Record Date")will be established by the Paying Agent/Registrar,-if and when funds for the payment
0 of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the
past due interest ("Special Payment Date", which shall be 15 days after the Special Record Date) shall be sent at least five
business days prior to the Special Record Date by United States mail,first class postage prepaid,to the address of each Holder of
a Note appearing on the registration books of the Paying Agent/Registrar at the close of business on the last business day next
preceding the date of mailing of such notice.
NOTEHOLDERS' REMEDIES. . . Although a Holder of a Note, could presumably obtain a judgment against the City if a default
occurred in the payment of principal of or interest on any such Note,such judgment could not be satisfied by execution against any
property of the City. The Holder's only practical remedy, if a default occurs, is a mandamus or mandatory injunction proceeding
to compel the City Council to levy,assess and collect an annual ad valorem tax within the tax rate limitation sufficient to pay such
principal and interest as it becomes due. The Holder could be required to enforce such remedy on a periodic basis. -
The enforcement or claim for payment of principal of or interest on the Notes, including the remedy of mandamus, and the validity
of the pledge of taxes, would be subject to the applicable provisions of the federal bankruptcy laws and to other laws affecting the
rights of creditors of political subdivisions generally.
USE OF NOTES PROCEEDS...Proceeds from the sale of the Notes are expected to be expended as follows:
Notes
Deposit to Project Fund $
Underwriter's Discount
Costs of Issuance
Deposit to Interest&Sinking Fund
Total $
410
increase following notice to the taxpayers and otherwise complied with the Property Tax Code. If the adopted tax rate exceeds
the rollback tax rate the qualified voters of the City by petition may require that an election be held to determine whether or not
• to reduce the tax rate adopted for the current year to the rollback tax rate.
"Effective tax rate" means the rate that will produce last year's total tax levy (adjusted) from this year's total taxable values
(adjusted). "Adjusted"means lost values are not included in the calculation of last year's taxes and new values are not included
in this year's taxable values.
"Rollback tax rate"means the rate that will produce last year's maintenance and operation tax levy (adjusted) from this year's
values (adjusted) multiplied by 1.08 plus a rate that will produce this year's debt service from this year's values (unadjusted)
divided by the anticipated tax collection rate.
The Property Tax Code provides that certain cities and counties in the State may submit a proposition to the voters to authorize
an additional one-half cent sales tax on retail sales of taxable items. If the additional tax is levied,the effective tax rate and the
rollback tax rate calculations are required to be offset by the revenue that will be generated by the sales tax in the current year.
Reference is made to the Property Tax Code for definitive requirements for the levy and collection of ad valorem taxes and the
calculation of the various defined tax rates.
PROPERTY ASSESSMENT AND TAX PAYMENT. . . Property within the City is generally assessed as of January 1 of each year.
Business inventory may, at the option of the taxpayer,be assessed as of September. Taxes become due October 1 of the same
year,and become delinquent on February 1 of the following year. Taxpayers 65 years old or older are permitted by State law to
pay taxes on homesteads in four installments with the first due on February 1 of each year and the final installment due on
August 1.
PENALTIES AND INTEREST... Charges for penalty and interest on the unpaid balance of delinquent taxes are made as follows:
Cumulative Cumulative
Month Penalty Interest Total
February 6% 1% 7%
March 7 2 9
April 8 3 11
III May 9 4 13
June 10 5 15
July 12 6 18
After July,penalty remains at 12%,and interest increases at the rate of 1%each month. In addition, if an account is delinquent
in July,a 15%attorney's collection fee is added to the total tax penalty and interest charge. Under certain circumstances,taxes
which become delinquent on the homestead of a taxpayer 65 years old or older incur a penalty of 8% per annum with no
additional penalties or interest assessed. In general, property subject to the City's lien may be sold, in whole or in parcels,
pursuant to court order to collect the amounts due. Federal law does not allow for the collection of penalty and interest against
an estate in bankruptcy. Federal bankruptcy law provides that an automatic stay of action by creditors and other entities,
including governmental units, goes into effect with the filing of any petition in bankruptcy. The automatic stay prevents
governmental units from foreclosing on property and prevents liens for post-petition taxes from attaching to property and
obtaining secured creditor status unless,in either case,an order lifting the stay is obtained from the bankruptcy court. In many
cases post-petition taxes are paid as an administrative expense of the estate in bankruptcy or by order of the bankruptcy court.
CITY APPLICATION OF TAX CODE . . .The City grants an exemption to the market value of the residence homestead of persons
65 years of age or older of$75,000,the disabled are also granted an exemption of$75,000.
The City has not granted any part of the additional exemption of up to 20% of the market value of residence homesteads;
minimum exemption of$5,000.
See Table 1 for a listing of the amounts of the exemptions described above.
Ad valorem taxes are not levied by the City against the exempt value of residence homesteads for the payment of debt.
The City does not tax nonbusiness personal property;and Tarrant County collects taxes for the City.
The City does allow permit split payments of taxes, and discounts for early payment of taxes are not allowed.
• The City does not tax freeport property.
The City does not collect the additional one-half cent sales tax for reduction of ad valorem taxes.
The City has adopted a tax abatement policy,and reviews applications for abatements on a case by case basis.
11
TABLE 2 - TAXABLE ASSESSED VALUATIONS BY CATEGORY - `
• 1999(1)Taxable Appraised Value for Fiscal Year Ended September 30,
of 1998
%of 1997
%of
Category Amount Total Amount Total Amount Total
Real,Residential,Single-Family $ 1,415,303,293 70.07% $ 1,170,089,009 71.93% $ 927,115,146 66.91%
Real,Residential,Multi-Family 913,500 0.05% 658,700 0.04% 658,700 0.05%
Real,Vacant Lots/Tracts - 75,704,832 3.75% 75,436,440 '4.64% ', 85,420,513 6.16%
Real,Acreage(Land Only) - 105,474,369 5.22% 91,213,633- 5.61% - =104,823;268 `7.56%-
Real,Farm and Ranch Improvements 40,304,022 2.00% 37,713,390 2.32% 35,600,458 2.57%
Real,Commercial - • 243,241,064 -12.04% 116,406,151. 7.16% 85,587,491 '&18%
Real,Industrial 3,408,516 0.17% 3,408;516 0.21% 3,028,765 0,22%
Real and Tangible Personal,Utilities 1,015,851 0.05% 26,780,627 1.65% 24,694,474 1.7A% '
Tangible Personal,Commercial 100,841,817 4.99% 70,665,995 4.34% 5,433,951 5.4-7 4%
Tangible Personal,Industrial . 648,811 0.03% 2,200,558 0.14° • : 2,293,240 0.17%
Tangible Personal,Mobile Homes 172,732 0.01% 287,410 0.02% 284,206 0.02%
Intangible Personal&Uncertified 6,165 0.00% 6,165 0.00% 0 0.00%
Real Property,Inventory 32,860,250 1.63% 31,752,988 1.95% 40,755,167 2.94%
Total Appraised Value Before Exemptions $ 2,019,895,222 100.00% $ 1,626,619,582 100.00% $ 1,385,695,379 100.00%
Less:Total Exemptions/Reductions 92,223,065. - 78,150,997 76,207,216,
Taxable Assessed Value $ 1,927,672,157 $ 1,548,468,58S $ 1,309,488,163.
Taxable Appraised Value for Fiscal Year Ended September 30, -
1996 1995 - -
%of %of
Category Amount Total Amount' Total
Real,Residential,.Single-Family $ 761,024,177 37.68% $ 577,696,109 64.37%
Real,Residential,Multi-Family 561,500 0.03% 614,200 0.07%
Real,Vacant Lots/Tracts 55,009,903 2.72% 57,685,194 6.43%
Real,Acreage(Land Only) 100,812,646 4.99% 91,554,754 10.20%
Real,Farm and Ranch Improvements 34,673,059 1.72% 33,596,522 3.74%
Real,Commercial 66,209,220 3.28% 54,294,403. 6.05%
Real,Industrial 2,940;720 0.15% 2,917,596 0.33%
iiReal and Tangible Personal,Utilities 21,306,442 1.05% 19,493,995 2.17%
Tangible Personal,•Commercial 69,590,281 3.45% 46,391;044 5.17%
Tangible Personal,Industrial 2,173,982 0.11% 2,890,595 0.32% •
Tangible Personal,Mobile Homes 338,465 0.02% 368,436 0.04% '
Intangible Personal&Uncertified 622,250 0.03% 0 0.00%
Real Property,Inventory 27,416,400 - 1.36% , 9,999,760 1.11% - ,
Total Appraised Value Before Exemptions $ 1,142,679,045 56.57% $ 897,502,608 100.00%
Less:Total Exemptions/Reductions 76,130,076 75,165,337
Taxable Assessed Value $ 1,066,548,969 $ 822,337,271 ' -
NOTE: Valuations shown are certified taxable assessed values reported by the Tarrant County Appraisal District to the State
Controller of Public Accounts. Certified values are subject to change throughout the year as contested values are resolved and
the Appraisal District updates records. -
(1) Excludes$133,636,448 annexation value for Westlake properties in dispute.
411,
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TABLE S - TEN LARGEST TAXPAYERS
0 TOP TEN TAXPAYERS
1998/99 %of Total
Taxable Taxable
Assessed Assessed
Name of Taxpayer Nature of Property Valuation Valuation
Maguire Thomas Partners,ETAL(1) Class"A"Commercial Real Estate $ 175,825,392 9.12 %
IBM Corporation Class"A"Commercial Real Estate 37,802,009 1.96
Levi Strauss Class"A"Commercial Real Estate 15,324,803 0.79
Texas Utilities Electric Company Electric Utility 14,628,741 0.76
Wal-Mart Retail 13,698,222 0.71
Home Depot USA Inc. Retail 12,378,803 0.64
Westerra Timarron,LP Real Estate 9,225,378 0.48
OTR/Regency TX Realty Holdings Telephone Utility 9,195,223 0.48
Sabre Group,Inc. Retail 5,488,099 0.28
Albertsons Grocery Store 5,248,961 - 0.27
$ 298,815,631 15.50 %
(1) Includes$133,636,448 of disputed annexed Westlake property
GENERAL OBLIGATION DEBT LIMITATION. . .No general obligation debt limitation is imposed on the City under current State
law or the City's Home Rule Charter(see"Tax Rate Limitation").
• TABLE 6 - TAX ADEQUACY(1)
1999 Principal and Interest Requirements p q $ 3,468,008
$0.18358 Tax Rate at 98%Collection Produces" $ 3,468,008
Average Annual Principal and Interest Requirements, 1999-2018 $ 2,456,894
$0.13006 Tax Rate at 98%Collection Produces" $ 2,456,894
Maximum Principal and Interest Requirements,2001 $ 3,486,542
$0.18456 Tax Rate at 98%Collection Produces" $ 3,486,542
(1) Includes the Notes.
•
15
•
• •
DEBT INFORMATION
TABLE 8 - PRO-FORMA GENERAL OBLIGATION DEBT SERVICE REQUIREMENTS
Debt Service Requirements
Fiscal Total
Year Total Less:Self Debt %of
Ending Outstanding Debt(I)(2) This$4,275,000 Issue(3) Debt Service Supporting Service Principal
9/30 Principal Interest Total Principal Interest Total Requirements Debt Requirements Retired
1999 $ 1,849,532 $ 2,813,732 $ 4,663,264 $ - $ 4,663,264 $ 1,195,256 $ 3,468,008
2000 1,991,754 2,525,669 4,517,423 $ 740,000 241,023 981,023 5,498,446 2,183,485 3,314,962
2001 2,294,851 2,399,756 4,694,607 830,000 150,798 980,798 5,675,404 2,188,862 3,486,542
2002 2,205,000 2,178,107 4,383,107 865,000 116,353 981,353 5,364,459 2,183,054 3,181,405
2003 2,340,000 2,047,003 4,387,003 900,000 79,590 979,590 5,366,593 2,182,962 3,183,631 27.27%
2004 2,225,000 1,918,954 4,143,954 940,000 40,890 980,890 5,124,844 2,183,672 2,941,173
2005 2,355,000 1,798,971 4,153,971 4,153,971 1,206,213 2,947,759
2006. 2,480,000 1,676,592 4,156,592 4,156,592 1,203,742 2,952,850
2007 2,615,000 1,546,193 4,161,193 4,161,193 1,204,002 2,957,191
2008 2,780,000 1,406,231 4,186,231 4,186,231 1,211,484 2,974,748 53.34%
2009 2,935,000 1,255,302 4,190,302 4,190,302 1,210,886 2,979,416
2010 2,770,000 1,092,753 3,862,753 3,862,753 1,216,959 2,645,794
2011 2,925,000 937,126 3,862,126 3,862,126 1,214,429 2,647,697
2012 2,455,000 780,803 3,235,803 3,235,803 943,072 2,292,732
2013 2,465,000 643,651 3,108,651 3,108,651 938,514 2,170,138 79.70%
2014 2,370,000 512,223 2,882,223 2,882,223 946,245 1,935,978
2015 2,500,000 379,518 2,879,518 2,879,518 941,058 1,938,460
•
2016 2,270,000 238,181 2,508,181 2,508,181 938,058 1,570,123
2017 2,235,000 114,348 2,349,348 2,349,348 941,858 1,407,490
2018 1,055,000 26,375 1,081,375 1,081,375 482,690 598,685 100.00%
$ 47,116,137 $ 26,291,486 $ 73,407,623 $ 4,275,000 $ 628,653 $ 4,903,653 $ 78,311,277 $ 26,716,496 $ 51,594,781
(1) "Outstanding Debt"does not include lease/purchase obligations.
(2) Includes self-supporting debt.
(3) Average life of the issue - 3.418 years and calculated at 4.56231%for illustrative purposes.
FINANCIAL INFORMATION
• TABLE 12 - GENERAL FUND REVENUES AND EXPENDITURE HISTORY
Fiscal Years Ended September 30,
1997 1996 1995 1994 1993
Revenues: -
Taxes $ 6,297,394 $ 4,926,208 $ 3,890,459 $ 3,467,579 $ 3,087,297
Licenses and Permits 2,525,797 2,642,353 1,901,245 1,680,918 1,251,287
Charges for Services 354,555 222,052 109,093 56,225 60,328
Fine and Forfeitures 509,328 435,537 274,154 235,591 181,029
Other Revenues 352,315 275,710 200,730 147,011 99,039
Total Revenues $ 10,039,389 $ 8,501,860 $ 6,375,681 $ 5,587,324 $ 4,678,980
Expenditures:
City Administration $ 2,893,743 $ 2,170,968 $ 1,610,196 $ 1,292,402 $ 1,003,587
Police Department 2,242,915 1,389,060 1,304,845 1,055,234 895,343
Fire Department 1,460,111 901,925 783,873 728,480 566,832
Building Department 474,511 351,228 329,647 261,663 154,005
Streets and Drainage 903,988 871,038 1,058,438 1,225,241 857,494
Municipal Court 301,380 244,814 201,965 158,793 144,786
Parks 1,013,013 623,974 389,861 199,681 138,224
Public Works Department 690,191 360,338 359,623 137,192 102,064
Other - - -
Public Safety Support 975,419 835,717 608,880 434,779 357,268
Community Development 463,551 417,495 393,321 281,202 234,170
Total Expenditures $ 11,418,822 $ 8,166,557 $ 7,040,649 $ 5,774,667 $ 4,453,773
Excess(deficiency)of Revenues
110 Over Expenditures $ (1,379,433) $ 335,303 $ (664,968) $ (187,343) $ 225,207
Capital Leases and
Bonds Payable $ 990,382 $ 88,109 $ - $ 720,827 $ -
Budgeted Transfers In 640,904 594,606 $ 941,860 159,446 159,446
Budgeted Transfers Out (7,904) (377,287) (623,000) (155,000) 0
Total Other Sources(Uses) $ 1,623,382 $ 305,428 $ 318,860 $ 725,273 $ . 159,446
Net Increase(Decrease) $ 243,949 $ 640,731 $ (346,108) $ 537,930 $ 384,653
0 0 0
Beginning Fund Balance 2,353,653 1,712,922 2,059,031 1,521,101 1,136,448
Ending Fund Balance $ 2,597,602 $ 2,353,653 $ 1,712,923 $ 2,059,031 $ 1,521,101
S
19
INVESTMENTS
The City of Southlake invests its investable funds in investments authorized by Texas law in accordance with investment policies
1110
approved by the City Council of the City of Southlake. Both state law and the City's investment policies are subject to change.
LEGAL INVESTMENTS...Under Texas law,the City is authorized to invest in(1)obligations of the United States or its agencies and
instrumentalities, (2) direct obligations of the State of Texas or its agencies and instrumentalities, (3) collateralized mortgage
obligations directly issued by a federal agency or instrumentality of the United States,the underlying security for which is guaranteed
by an agency or instrumentality of the United States,(4)other obligations,the principal of and interest on which are unconditionally
guaranteed or insured by,or backed by the full faith and credit of,the State of Texas or the United States or their respective agencies
and instrumentalities, (5) obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as to
investment quality by a nationally recognized investment rating firm not less than A or its equivalent,(6)Notes of deposit that are
guaranteed or insured by the Federal Deposit Insurance Corporation or are secured as to principal by obligations described in the
preceding clauses or in any other manner and amount provided by law for City deposits,(7)Notes of deposit and share Notes issued
by a state or federal credit union domiciled in the State of Texas that are guaranteed or insured by the Federal Deposit Insurance
Corporation or the National Credit Union Share Insurance Fund,or are secured as to principal by obligations described in the clauses
(1)through(5)or in any other manner and amount provided by law for City deposits,(8)fully collateralized repurchase agreements
that have a defined termination date, are fully secured by obligations described in clause (1), and are placed through a primary
government securities dealer or a financial institution doing business in the State of Texas, (9) bankers' acceptances with the
remaining term of 270 days or less,if the short-term obligations of the accepting bank or its parent are rated at least A-1 or P-1 or the
equivalent by at least one nationally recognized credit rating agency, (10)commercial paper that is rated at least A-1 or P-1 or the
equivalent by either(a)two nationally recognized credit rating agencies or(b)one nationally recognized credit rating agency if the
paper is fully secured by an irrevocable letter of credit issued by a'U.S. or state bank, (11)no-load money market mutual funds
regulated by the Securities and Exchange Commission that have a dollar weighted average portfolio maturity of 90 days or less and
include in their investment objectives the maintenance of a stable net asset value of$1 for each share,and(12)no-load mutual funds
registered with the Securities and Exchange Commission that: have an average weighted maturity of less than two years; invests
exclusively in obligations described in the preceding clauses; and are continuously rated as to investment quality by at least one
nationally recognized investment rating firm of not less than AAA or its equivalent.
• The City may invest in such obligations directly or through government investment pools that invest solely in such obligations
provided that the pools are rated no lower than AAA or AAAm or an equivalent by at least one nationally recognized rating service.
The City is specifically prohibited from investing in: (1) obligations whose payment represents the coupon payments on the
outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal; (2) obligations whose
payment represents the principal stream of cash flow from the underlying mortgage-backed security and bears no interest; (3)
collateralized mortgage obligations that have a stated final maturity of greater than 10 years; and (4) collateralized mortgage
obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index.
INVESTMENT POLICIES.. .Under Texas law,the City is required to invest its funds under written investment policies that primarily
emphasize safety of principal and liquidity;that address investment diversification,yield,maturity,and the quality and capability of
investment management;and that includes a list of authorized investments for City funds,maximum allowable stated maturity of any
individual investment and the maximum average dollar-weighted maturity allowed for pooled fund groups. All City funds must be
invested consistent with a formally adopted "Investment Strategy Statement" that specifically addresses each funds' investment.
Each Investment Strategy Statement will describe its objectives concerning: (1)suitability of investment type,(2)preservation and
safety of principal,(3)liquidity,(4)marketability of each investment,(5)diversification of the portfolio,and(6)yield.
Under Texas law, City investments must be made "with judgment and care, under prevailing circumstances, that a person of
prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for
investment, considering the probable safety of capital and the probable income to be derived." At least quarterly the investment
officers of the City shall submit an investment report detailing:(1)the investment position of the City,(2)that all investment officers
jointly prepared and signed the report, (3)the beginning market value, any additions and changes to market value and the ending
value of each pooled fund group,(4)the book value and market value of each separately listed asset at the beginning and end of the
reporting period,(5)the maturity date of each separately invested asset,(6)the account or fund or pooled fund group for which each
individual investment was acquired, and (7) the compliance of the investment portfolio as it relates to: (a) adopted investment
strategy statements and(b)state law. No person may invest City funds without express written authority from the City Council.
ADDITIONAL PROVISIONS. . . Under Texas law the City is additionally required to: (1) annually review its adopted policies and
strategies,(2)require any investment officers'with personal business relationships or relatives with firms seeking to sell securities to
the entity to disclose the relationship and file a statement with the Texas Ethics Commission and the City Council; (3)require the
41110 registered principal of firms seeking to sell securities to the City to: (a) receive and review the City's investment policy, (b)
acknowledge that reasonable controls and procedures have been implemented to preclude imprudent investment activities, and(c)
deliver a written statement attesting to these requirements;(4)perform an annual audit of the management controls on investments
and adherence to the City's investment policy;(5)provide specific investment training for the Treasurer,Chief Financial Officer and
investment officers; (6) restrict reverse repurchase agreements to not more than 90 days and restrict the investment of reverse
21
TAX MATTERS
TAx EXEMPTION .. .The delivery of the Notes is subject to the opinion of Bond Counsel to the effect that interest on the Notes
alfor federal income tax purposes(1)will be excludable from gross income,as defined in.section 61 of the Internal Revenue Code
of 1986, as amended to the date of such opinion (the "Code"), pursuant to section 103 of the Code and existing regulations,
published rulings,and court decisions,and(2)will not be included in computing the alternative minimum taxable income of the
owners thereof who are individuals or,.except as hereinafter described, corporations. A form of Bond Counsel's opinion is
reproduced as Appendix C. The statute,regulations,rulings,and court decisions on which such opinion is based are subject to
change. .
Interest on•all tax-exempt obligations, including the Notes, owned,by a corporation will be included in such corporation's
adjusted current earnings for.tax years beginning after 1989,for purposes of calculating the alternative minimum taxable income
of such corporation,other than an S corporation,a qualified mutual fund,a real estate investment trust or a real estate mortgage
investment conduit or a financial asset securitization investment trust(FASIT). A corporation's alternative minimum taxable
income is the basis on which the alternative minimum tax imposed by Section 55 of the Code will be computed.
In rendering the foregoing opinions,.Bond Counsel will rely upon representations and certifications of the City made in a Note
dated the date of delivery of the Notes pertaining to the use,expenditure,and investment of the proceeds of the Notes and will
assume continuing compliance by the City with the provisions of the Ordinance subsequent to the issuance of the Notes. The
Ordinance contains covenants by the City with respect to, among other matters, the use'of the proceeds of the Notes and the
facilities financed therewith by persons other than state or local governmental units, the manner in which the proceeds of the
Notes are to be invested, the periodic calculation and payment to the United States Treasury of arbitrage "profits" from the
investment of the proceeds,and the reporting of certain information to the United States Treasury. Failure to comply with any of
these covenants would cause interest on the Notes to be includable in the gross income of the owners thereof from date of the
issuance of the Notes.
Except as described above, Bond Counsel expresses no other opinion with respect to any other federal, state or local tax
consequences under present law,or proposed legislation,resulting from the receipt or accrual of interest on,or the acquisition or
disposition of, the Notes. Prospective purchasers of the Notes should be aware that the ownership of tax-exempt obligations
such as the Notes may result in collateral federal tax consequences to, among others, financial-institutions, life insurance
companies, property and casualty insurance companies, certain foreign corporations doing business in the United States, S
Scorporations with subchapter C earnings and profits, individual recipients of Social Security or Railroad Retirement benefits,
individuals otherwise qualifying for the earned income tax credit, owners of an interest in a FASIT and taxpayers who may be
deemed to have incurred or continued indebtedness to purchase or carry,or who have paid or incurred certain expenses allocable
to, tax-exempt obligations. Prospective purchasers should consult their own tax advisors as to the applicability of these
consequences to their particular circumstances.
TAX ACCOUNTING TREATMENT OF DISCOUNT AND PREMIUM ON CERTAIN NOTES. . .The initial public offering price of certain
Notes(the"Discount Notes")may be less than the amount payable on such Notes at maturity. An amount equal to the difference
between the initial public offering price of a Discount Note(assuming that a substantial amount of the Discount Notes of that
maturity are sold to the public at such price)and the amount payable at maturity constitutes original issue discount to the initial
purchaser of such Discount Note. A portion of such original issue discount allocable to the holding period of such Discount
Note by the initial purchaser will,upon the disposition of such Discount Note(including by reason of its payment at maturity),
be treated as interest excludable from gross income, rather than as taxable gain, for federal income tax purposes, on the same
terms and conditions as those for other interest on the Notes described above under "Tax Exemption." Such interest is
considered to be accrued actuarially in accordance with the constant interest method over the life of a Discount Note,taking into
account the semiannual compounding of accrued interest, at the yield to maturity on such Discount Note and generally will be
allocated to an original purchaser in a different amount from the amount of the payment denominated as interest actually
received by the original purchaser during the tax year.
However, such interest may be required to be taken into account in determining the alternative minimum taxable income of a
corporation, for purposes of calculating a corporation's alternative minimum tax imposed by Sections 55 of the Code, and the
amount of the branch profits tax applicable to certain foreign corporations doing business in the United States,even though there
will not be a corresponding cash payment. In addition,the accrual of such interest may result in certain other collateral federal
income tax consequences to, among others, financial institutions, life insurance companies, property and casually insurance
companies, S corporations with "subchapter C" earnings and profits, individual recipients of Social Security or Railroad
Retirement benefits, individuals otherwise qualifying for earned income tax credit, owners of an interest in a FASIT and
taxpayers who may be deemed to have incurred or continued indebtedness to purchase or carry, or who have paid or incurred
certain expenses allocable to,tax-exempt obligations. Moreover,in the event of the redemption,sale or other taxable disposition
• of a Discount Note by the initial owner prior to maturity, the amount realized by such owner in excess of the basis of such
Discount Note in the hands of such owner(adjusted upward by the portion of the original issue discount allocable to the period
for which such Discount Note was held)is includable in gross income.
23
OTHER INFORMATION
0 RATINGS
Applications for contract ratings on this issue have been,made to Moody's and S&P. The results of their determinations will be
provided as soon as possible. The uninsured tax supported debt of the City are rated"Al"by Moody's and"A+"by S&P. The
City has outstanding issues rated "Aaa" by Moody's and "AAA" by S&P through insurance by various commercial insurance
companies. An explanation of the significance of such ratings may be obtained from the company furnishing the rating. The
rating reflects only the respective views of such organizations and the City makes no representation as to the appropriateness of
the ratings. There is no assurance that such ratings will continue for any given period of time or that they will not be revised
downward or withdrawn entirely by either or both of such rating companies, if in the judgment of either or both companies,
circumstances so warrant. Any such downward revision or withdrawal of such ratings, or either of them, may have an adverse
effect on the market price of the Notes.
LITIGATION
It is the opinion of the City Attorney and City Staff that there is no pending litigation against the City that would have a material
adverse financial impact upon the City or its operations.
REGISTRATION AND QUALIFICATION OF NOTES FOR SALE
The sale of the Notes has not been registered under the Federal Securities Act of 1933,.as amended, in reliance upon the
exemption provided thereunder by Section 3(a)(2); and the Notes have not been qualified under the Securities Act of Texas in
reliance upon various exemptions contained therein; nor have the Notes been qualified under the securities acts of any
jurisdiction. The City assumes no responsibility for qualification of the Notes under the securities laws of any jurisdiction in
which the Notes may be sold, assigned, pledged, hypothecated or otherwise transferred. This disclaimer of responsibility for
qualification for sale or other disposition of the Notes shall not be construed as an interpretation of any kind with regard to the
availability of any exemption from securities registration provisions.
LEGAL INVESTMENTS AND ELIGIBILITY TO SECURE PUBLIC FUNDS IN TEXAS
SSection 9 of the.Bond Procedures Act provides that the Notes "shall constitute negotiable instruments, and are investment
securities governed by Chapter 8,Texas Uniform Commercial Code,notwithstanding any provisions of law or court decision to
the contrary,and are legal and authorized investments for banks,savings banks,trust companies,building and loan associations,
savings and loan associations, insurance companies,fiduciaries,and trustees, and for the sinking fund of cities,towns,villages,
school districts, and other political subdivisions or public agencies of the State of Texas". The Notes are eligible to secure
deposits of any public funds of the state, its agencies and political subdivisions, and are legal security for those deposits to the
extent of their market value. For political subdivisions in Texas which have adopted investment policies and guidelines in
accordance with the Public Funds Investment Act (V.T.C.A., Government Code, Chapter 2256), the Notes may have to be
assigned a rating of"A"or its equivalent as to investment quality by a national rating agency_before such obligations are eligible
investments for sinking funds and other public funds. No.review by the City has been made of the laws in other states to
determine whether the Notes are legal investments for various institutions in those states.
LEGAL OPINIONS AND NO-LITIGATION CERTIFICATE
The City will furnish a complete transcript of proceedings had incident to the authorization and issuance of the Notes,including
the unqualified approving legal opinion of the Attorney_General of Texas approving the Initial Note and to the effect that the
Notes are valid and legally binding obligations of the City, and based upon examination of such transcript of proceedings, the
approving legal opinion of Bond Counsel,to like effect and to the effect that the interest on the Notes will be excludable from
gross income for federal income tax purposes under Section 103(a) of the Code, subject to the matters described under "Tax
Matters"herein,including the alternative minimum tax on corporations. The customary closing papers,including a Note to the
effect that no litigation of any nature has been filed or is then pending to restrain the issuance and delivery of the Notes,or which
would affect the provision made for their payment or security,or in any manner questioning the validity of said Notes will also
be furnished. Bond Counsel was not requested to participate,and did not take part,in the preparation of the Notice of Sale and
Bidding Instructions, the Bid Form and the Official Statement, and such firm has not assumed any responsibility with respect
thereto or undertaken independently to verify any of the information contained therein, except that, in its capacity.as Bond
Counsel, such firm has reviewed the information describing the Notes in the Official.Statement to verify that such description
conforms to the provisions of the Ordinance. The legal fee to be paid Bond Counsel for services.rendered in connection with the
S
"issuance of the Notes is contingent on the sale and delivery of the Notes.The legal opinion will accompany the Notes deposited
with DTC or-will be printed on the Notes in the event of the discontinuance of the Book-Entry-Only System.
- 25
The City may amend its continuing disclosure agreement from time to time to adapt to changed circumstances that arise from,a
change in legal requirements,a change in law,or a change in the identity,nature,status, or type of operations of the City,if(i)
• the agreement, as amended, would have permitted an underwriter to purchase or sell Notes in the offering described herein in
compliance with the Rule,taking into account any amendments or interpretations of the Rule to the date of such amendment,as
well as such changed circumstances,and(ii)either(a)the holders of a majority in aggregate principal amount of the outstanding
Notes consent to the amendment or (b) any person unaffiliated with the City (such as nationally recognized bond counsel)
determines that the amendment will not materially impair the interests of the holders and beneficial owners of the Notes. The
City may also amend or repeal its agreement if the SEC amends or repeals the applicable provisions of SEC Rule 15c2-12 or a
court of final jurisdiction determines that such provisions are invalid,but only if and to the extent that reserving the right to do
so does not make unlawful the Purchasers' purchase and sale of the Notes in the offering described herein. If the City so
amends the agreement, it has agreed to include with the next financial information and operating data provided in accordance
with its agreement described above under"Annual Reports"an explanation,in narrative form,of the reasons for the amendment
and of the impact of any change in the type of financial information and operating data so provided.
COMPLIANCE WITH PRIOR UNDERTAKINGS . . . The City has made continuing disclosure agreements with regard to various
securities for which the City is obligated to make payment. The City is in compliance with prior undertakings.
YEAR 2000 ISSUE
The year 2000 presents potential problems for computerized data files and computer programs. When developed, many
computer applications were not expected to be in operation at the end of the century; however, many of these applications
continue to be used by governments and businesses.
The City recognizes the year 2000 problem and has taken certain steps to resolve these issues,including(i)the identification and
replacement of non-year 2000 compliant hardware; (ii) with respect to software purchased since 1997, purchasing year 2000
compliant software; and (iii) the director of data processing is in the process of reviewing and resolving issues that may arise
related to the City's software. It is anticipated that all systems relating to the City will be year 2000 compliant by the turn of the
century, so it is not expected that year 2000 issues will pose significant problems for the City. No assurance can be given,
however, that problems or delays will not occur in the ongoing modification and replacement efforts. In the event any such
problems were to occur,there could be delays beyond such projected target dates.
SThe City further recognizes that the year 2000 problem may affect certain other third parties with whom the City has contracted
and/or upon which it relies to provide certain services, including but not limited to, the Tarrant County Appraisal District, the
Paying Agent/Registrar and Depository Trust Company. The City cannot guarantee that computer systems of such third parties
upon which the City relies will be timely modified or converted to address the year 2000 problem. Moreover,the City cannot
give any assurances that it will be able to identify all potential year 2000 problems in computer systems of third parties upon
which the City relies or that the computer systems of such entities will be timely modified or converted to address the year 2000
problem. To the extent that the year 2000 problem is not adequately addressed by such third parties,there could be interruptions
in the operations of the City. See"The Bonds—Book-Entry-Only System"for a discussion of the Year 2000 compliance efforts
of The Depository Trust Company.
FINANCIAL ADVISOR
First Southwest Company is employed as Financial Advisor to the City in connection with the issuance of the Notes. The
Financial Advisor's fee for services rendered with respect to the sale of the Notes is contingent upon the issuance and delivery of
the Notes. First Southwest Company has agreed, in its Financial Advisory contract, not to bid for the Notes, either
independently or as a member of a syndicate organized to submit a bid for the Notes. First Southwest Company, in its capacity
as Financial Advisor,has relied on the opinion of Bond Counsel and has not verified and does not assume any responsibility for
the information, covenants and representations contained in any of the legal documents with respect to the federal income tax
status of the Notes,or the possible impact of any present,pending or future actions taken by any legislative or judicial bodies.
CERTIFICATION OF THE OFFICIAL STATEMENT
At the time of payment for and delivery of the Notes,the City will furnish a Note, executed by proper officers, acting in their
official capacity,to the effect that to the best of their knowledge and belief: (a)the descriptions and statements of or pertaining
to the City contained in its Official Statement,and any addenda,supplement or amendment thereto,on the date of such Official
Statement,on the date of sale of said Notes and the acceptance of the best bid therefor,and on the date of the delivery,were and
are true and correct in all material respects;.(b)insofar as the City and its affairs, including its financial affairs, are concerned,
such Official Statement did not and does not contain an untrue statement of a material fact or omit to state a material fact
S
required to be stated therein or necessary to make the statements therein,in the light of the circumstances under which they were
made,not misleading; (c) insofar as the descriptions and statements, including financial data, of or pertaining to entities, other
than the City, and their activities contained in such Official Statement are concerned, such statements and data have been
obtained from sources which the City believes to be reliable and the City has no reason to believe that they are untrue in any
27
•
APPENDIX A
GENERAL INFORMATION REGARDING THE CITY
• ■
Amarillo
SOUTHLAKE
Fort Worth■■ ■Dallas
I Paso
Houston
Austin ■
■
San Antonio
LOCATION .
S
The City of Southlake is located in northeast Tarrant County. The City is approximately 15 miles northwest of the City of Dallas on
State Highway 114 and approximately 10 miles northeast of the City of Fort Worth.
POPULATION
Southlake's 1998 population was 19,250 an increase of 271.8%over the 1990 census population of 7,082.
ECONOMY
The City is primarily residential with some commercial and light manufacturing companies. Southlake's growth is due to its
proximity to the Dallas-Fort Worth Metroplex and to the Dallas-Fort Worth International Airport.
Major employers in the City are:
Company Nature of Business Number of Employees
AMR/Sabre Group Transportation 1,600
Carroll Independent School District School District 680
Walmart Retailer 250
TRANSPORTATION
The City is located on State Highways 114 and.26 providing direct access to the Cities of Dallas and Fort Worth and to Dallas-Fort
Worth International Airport.Southlake is approximately 5 miles northwest of Dallas-Fort Worth International Airport, 19 miles from
Dallas Love Field and 10 miles from Alliance Airport.
EDUCATION
The City of Southlake is served primarily by Carroll Independent School District,and additionally by Keller,Grapevine-Colleyville
and Northwest Independent School Districts. There are four elementary schools, one middle school, two intermediate schools and
one high school located within the City. The combined enrollment for 1997-98 was 5,256 students.
S
Higher education is provided by many institutions located within a 25-mile radius from Southlake, such as: Texas Christian
University,University of North Texas,Southern Methodist University,Texas Woman's University,University of Texas at Arlington,
University of Texas at Dallas,University of Dallas and Tarrant County Junior College.
RECREATION
The City has four municipal parks. The Bicentennial Park is 48 acres that includes nine baseball fields,eight soccer fields,two tennis
courts, two community buildings and one playground. The Koalaty Park is 5 acres that includes four practice ball fields. The
Lonesome Dove Park is 8 acres that includes a pavilion, a playground and two sand volleyball courts. The Bob Jones Park is
approximately 100 acres and is currently being developed. Smith Park is 13 acres and not developed. Noble Park is 5 acres and is
undeveloped.
Southlake lies on the southern boundary of Lake Grapevine which offers swimming,camping,boating and fishing.
HISTORICAL EMPLOYMENT(AVERAGE ANNUAL)
Area 1997 1996 1995 1994 1993
Fort Worth-Arlington PMSA
Employed 815,915 802,365 776,586 760,352 685,200
Unemployed 30,966 32,892 39,760 44,724 48,700
%of Unemployed 3.7% 3.7% 4.9% 5.6% 6.4%
Tarrant County
Employed 709,798 698,011 678,060 664,713 645,708
Unemployed 26,754 28,337 34,723 38,866 43,915
• %of Unemployed 3.6% 3.2% 4.9% 5.5% 4.2%
Source:Texas Employment Commission.
A- 1
•
APPENDIX B
CITY OF SOUTHLAKE,TEXAS
ANNUAL FINANCIAL REPORT
For the Year Ended September 30, 1997
The information contained in this Appendix consists of excerpts from the City of Southlake,
Texas Annual Financial Report for the Year Ended September 30, 1997,and is not intended
to be a complete statement of the City's financial condition. Reference is made to the
complete Report for further information.
S
milmom
INDEPENDENT AUDITOR'S REPORT
STo Members of the City Council
WEAVER and City Manager
aem TIDWELL
City of Southlake,Texas
L.L.P.
CERTIFIED PUBLIC We have audited the accompanying general purpose financial statements of the City of
ACCOUNTANTS Southlake, Texas as of and for the year ended September 30, 1997, as listed in the table
AND CONSULTANTS of contents. These general purpose financial statements are the responsibility of the
City's management. Our responsibility is to express an opinion on these general
12221 Alerts Deere purpose financial statements based on our audit.
Sum 1'OU
Dallas. Texas -5251
972.4,0.1970 We conducted our audit in accordance with generally accepted auditing standards and
F 972.702.8521 Government Auditing Standards issued by the Comptroller General of the United States.
Those standards require that we plan and perform the audit to obtain reasonable
assurance about whether the general purpose financial statements are free of material
misstatement. An audit includes examining, on a test basis, evidence supporting the
amounts and disclosures in the general purpose financial statements. An audit also
includes assessing the accounting principles used and significant estimates made by
management, as well as evaluating the'overall financial statement presentation. We
believe that our audit provides a reasonable basis for our opinion.
In our opinion, the general purpose financial statements referred to above present fairly,
in all material respects, the financial position of the City of Southlake, Texas at
September 30, 1997, and the results of its operations and cash flows of its proprietary
fund for the year then ended in conformity with generally accepted accounting principles.
• Our audit was made for the purpose of forming an opinion on the general purpose
financial statements taken as a whole. The individual fund and account group financial
statements and schedules listed in the table of contents.are presented for purposes of
additional analysis and are not a required part of the general purpose financial
statements of the City of Southlake, Texas. The individual fund and account group
financial statements and schedules 'have been subjected to the auditing procedures
applied in the audit of the general purpose financial statements and, in our opinion, are
fairly stated in all material respects in relation to the general purpose financial
statements taken as a whole.
The statistical section has not been subjected to the auditing procedures applied in the
audit of the general purpose financial statements and, accordingly, we express no
opinion on such data.
In accordance with Government Auditing Standards, we also issued reports dated
February 6, 1998 on our consideration of the City's internal control structure and on its
compliance with laws and regulations.
1/�441~e--‘.."�,1 . ��/'
WEAVER AND TIDWELL, L.L.P.
FORT WORTH OFFICE
;U— lii,1 S,,.,,;,1,Str,e, Dallas, Texas
Stitt,.11UII February 6 , 1998
Fort UG.erlri. Tesjs —(,lu?
717
WORLDWIDE AFFILIATIONS
40, THROUGH
MMIT INTERNATIONAL
ASSOCIATES. INC.
1
CITY OF SOUTHLAKE, TEXAS
• GENERAL PURPOSE FINANCIAL STATEMENTS-
COMBINED FINANCIAL STATEMENTS OVERVIEW
These basic financial statements provide a summary overview of the financial position of all funds and
account groups as well as the operating results of all funds.
Governmental Funds Those through which most Governmental functions are typically '
financed. The measurement focus is upon determination of financial
position and changes in financial position. The Governmental funds
within the City are: the General, Special Revenue, Debt Service and
Capital Projects Fund.
Proprietary Funds To account for the financing, acquisition and maintenance of
Governmental facilities and services that are supported by user
charges. The measurement focus is upon determination of net income,
financial position and cash flows. The Proprietary Fund within the City
is the Enterprise Fund.
Fiduciary Funds Used to account for assets held by the City as an agent for individuals,
private organizations, other governments, and/or other funds. Agency
• funds are custodial in nature and do not involve measurement of results
of operations. The Agency Funds within the City are used to account
for the Municipal Cash Escrow Fund and Deferred Compensation Plan.
Account Groups Used to establish accounting control and accountability for the City's
general fixed assets and unmatured principal of the City's general long-
term debt.
•
3
Page 1 of 2
•
Proprietary Fiduciary Totals
Fund Type Fund Type Account Groups (Memorandum Only)
General General
Fixed Long-Term
Enterprise Agency Assets Debt 1997 1996
$ 1,012,259 $ 47,867 $ $ $ 15,954,791 $ 9,975,171
508,847 508,847 316,160
495,970 489,857
1,196,459 1,210,537 961,426
426.626 426,626 194,419
50,262 50,262 41,844
24,414 11,085
397 397 7,731
335,168 335,168 562,356
6,668,641 6,668,641 3,594,168
82,100 82,100 170,565
250,860 250,860 266,576
9,137,821 9,137,821 9,324.307
1,028,300 1,028,300 2,402,062
29,301,472 29,301,472 23,340,967
11,885,400 11,885,400 8,905,585
671,970 671,970 745,346
30,972,734 30,972,734 16,922,501
$ 49,490,365 $ 556,714 $ 11,885,400 $ 31,644,704 $ 109,006,310 S. 78,232,126
•
5
• Page 2 of 2
S
Proprietary Fiduciary Totals
Fund Type - Fund Type Account Groups (Memorandum Only)
General General
Fixed Long-Term
Enterprise Agency Assets Debt 1997 1996
$ 1,409,486 $ 47,867 $ $ $ 2,296,510 $ 2.003,455
145,256 160,233 762,986 579,930
790,159 1,035.535 1,043,750
416,702 416,702 259,928
306,000 ' 306,000 291,000
54,954 54,954 51,100
82,100 82,100 170,565
30,611,137 30,611,137 18,596,137
652,050 652,050 869,400
221,284 221,284 82,378
5,279,000 5,279,000 5,585,000
10,539,631 10,539,631 10,914,318
508,847 508,847 316,160
• 19,023,288 556,714 31,644,704 52,766,736 38,763,121
26,271,356 26,271,356 18,774,436
11,885,400 11,885,400 8,905,585
220,256
4,195,721 4,195,721 3,468,158
671,970 745,346
11,982 13,122
19,583 23,242
578,244 784,786
10,019,698 4,193,543
24,414 13,996
98,179
2.463,027 2,326,535
30,467,077 11,885,400 56.239,574 39,469,005
$ -49,490.365 $ 556,714. $ 11.885,400 $ 31,644,704 $ 109,006,310 $ 78,232,126
.
7
6
•
' 1
• � 1 • •
� r
•
I
Special Revenue Fund Debt Service Fund
Vanance- Vanance-
Favorable Favorable
Budget Actual (Unfavorable) Budget Actual (Unfavorable)
$ 1,050,000 $ 965,508 $ (84,492) $ 2,287,344 $ 2,304,859 $ 17,515
53,000 143,877 90,877
48,400 48,115 (285) 70,000 94,273 24.273
1,151,400 1,157,500 6,100 2,357,344 2,399,132 41,788
10,433 (10,433)
121,162 70,623 50,539
0
1,292,350 1,292,350
1,047,425 1,032,796 14,629
259.234 (259,234)
121,162 81,056 40,106 2,339,775 2,584,380 (244,605)
1,030.238 1,076,444 46,206 17,569 (185,248) (202,817)
436,645 696,645 260,000
(1,026,645) (1,286,645) (260,000) (584,773) (584,773)
3,469,867 3,469,867
(3,469,867) (3,469,867)
(1,026,645) (1,286.645) (26 .000) (148.128) 111,872 260,000
3,593 (210,201) (213,794) (130,559) (73,376) 57,183
808,028 808,028 745,346 745,346
$ 811,621 $ 597,827 $ (213.794) $ 614,787 $ 671,970 $ 57,183
I
11
(1 of 2)
CITY OF SOUTHLAKE,TEXAS
PROPRIETARY FUND
STATEMENT OF CASH FLOWS
• FOR THE YEAR ENDED SEPTEMBER 30, 1997
Total
Enterprise (Memorandum
Fund Only)
1997 1996
CASH FLOWS FROM OPERATING ACTIVITIES:
Cash received from customers and users $ 6,416,397 $ 6,734,787.
Cash payments to suppliers (4,117,691) (3,616,029)
Cash payments to employees (542,981) (596,720)
Net cash provided by
operating activities 1,755,725 2,522,038
CASH FLOWS FROM CAPITAL AND
RELATED FINANCING ACTIVITIES:
Capital expenditures (4,166,790) (5,309,540)
Principal payments on bonds,notes
and capital lease obligations (508,913) (234,000)
Proceeds from sale of asset 31,211
Interest paid (1,308,797) (1,125,906)
Capital contribution 6,481,299 1,278,179
• Net cash provided by(used for)capital
and related financing activities 528,010 (5,391,267)
CASH FLOWS FROM NON-CAPITAL
FINANCING ACTIVITIES:
Cash received from other funds 584,773 251,203
Cash paid to other funds (633,000) (55,556)
Net cash provided by(used for)
non-capital financing activities (48,227) 195,647
CASH FLOWS FROM INVESTING ACTIVITIES:
Interest received 453,925 . 348,064
Net increase in cash
and cash equivalents 2,689,433 (2,325,518)
Cash and cash equivalents at the
beginning of year 5,408,735 7,734,253
Cash and cash equivalents at the
end of year $ 8,098,168 $ 5,408,735
• The Notes to Combined Financial Statements
are an integral part of this statement.
13
CITY OF SOUTHLAKE,TEXAS •
• NOTES TO COMBINED FINANCIAL STATEMENTS
Note 1. Significant Accounting Policies
The combined financial statements of the City of Southlake are presented in accordance with generally
accepted accounting principles applicable to state and local governmental units as set forth by the
Governmental Accounting Standards Board. The following is a summary of the more significant
accounting policies:
A. Reporting Entity
The City of Southlake operates under a Home Rule Council - Manager form of government. All
powers of the City are vested in an elected council which enacts local legislation, adopts budgets,
determines policies and appoints the City Manager. The City Manager is responsible for executing
the laws and administering the government of the City.
The City of Southlake's general purpose financial statements include the separate governmental
entities that are controlled by or are dependent on the City. The determination to include separate
governmental entities is based on the criteria of Governmental Accounting Standards (GASB)
Statement 14. GASB Statement 14 defines the reporting entity as the primary government and
those component units for which the primary government is financially accountable. To be
financially accountable, a voting majority of the component unit's board must be appointed by the
primary government, and either(A)the primary government must be able to impose its will, or(B)
the primary government may potentially benefit financially or be financially responsible for the
component unit.
• Based on these criteria the financial information of the Southlake Parks Development Corporation
is included within the reporting entity.
The Southlake Parks Development Corporation (the "Corporation") is a nonprofit industrial
development corporation formed in January, 1994 under the Development Corporation Act of
1979. The Corporation is organized exclusively to act on behalf of the City for the financing,
development and operation of parks and recreation facilities. The affairs of the Corporation are
managed by a board of directors which is composed of seven persons appointed by the City
Council. However, the annual corporate budget and issuance of debt must be approved by the
City Council. Although it is a legally separate entity, the Corporation is reported as if it were part
of the primary government because its sole purpose is to finance and develop parks and
recreational facilities on behalf of the City.
B. Fund Accounting
The City's accounting system is organized and operated on the basis of fund accounting with each
fund and account group being an independent fiscal and accounting entity with a self-balancing set
of accounts that comprise its assets, liabilities, fund equity, revenues and expenditures or
expenses. City resources are allocated to and accounted for in individual funds based upon the
purposes for which they are to be spent and the means by which spending activities are controlled.
The various funds and account groups are summarized into six generic fund types, three broad
fund categories and two account groups as follows:
•
15
CITY OF SOUTHLAKE,TEXAS •
• NOTES TO COMBINED FINANCIAL STATEMENTS
Note 1. Significant Accounting Policies-continued
C. Measurement Focus
Measurement focus is the accounting convention which determines which assets and liabilities are
included on the balance sheet of a fund type and whether a fund type's operating statement
presents"financial flow" or capital maintenance information.
All governmental funds are accounted for on a spending or "financial flow" measurement focus.,
This means that only current assets and current liabilities are generally included on their balance
sheets. Their reported fund balance (net current assets) is considered a measure of "available
spendable resources". Governmental fund operating statements present increases (revenues and
other financing resources) and decreases (expenditures and other financing uses) in net current
assets. Accordingly, they are said to present a summary of sources and uses of "available
spendable resources" during a period. Fixed assets used in governmental fund type operations
and long-term liabilities expected to be financed from governmental funds are accounted for in the
General Fixed Assets and General Long-Term Debt Account Groups. The two account groups are
not "funds". They are concerned only with the measurement of financial position. They are not
involved with measurement of results of operations.
Proprietary funds are accounted for on a "net income and capital maintenance"'measurement
focus. This means that all assets, liabilities, equity, revenues, expenses and transfers relating to
• the activity of a proprietary fund are accounted for through the proprietary fund. The measurement
focus is upon the determination of net income, financial position and cash flows.
D. Basis of Accounting
Basis of accounting refers to when revenues and expenditures or expenses are recognized in the
accounts and reported in the financial statements. Basis of accounting relates to the timing of the
measurements made, regardless of the measurement focus applied.
All governmental funds and agency funds are accounted for using the modified accrual basis of
accounting. Under the modified accrual basis, revenues are recognized when they become
measurable and available as net current assets. Expenditures are generally recognized under the
modified accrual basis of accounting when the related fund liability is incurred.. The exception to
this general rule is that principal and interest on general long-term debt is recognized when due.
The more significant revenues which are treated as susceptible to accrual under the modified
accrual basis are property taxes, intergovernmental revenues, charges for services, and interest.
Other revenue sources are not considered measurable and available, and are not treated as
susceptible to accrual.
All proprietary funds are accounted for using the accrual basis of accounting. Their revenues are
recognized when they are earned and their expenses are recognized when they are incurred.
The City has elected not to apply Financial Accounting Standards Board pronouncements issued
after November 30, 1989 for its proprietary funds.
•
17
CITY OF SOUTHLAKE,TEXAS
• NOTES TO COMBINED FINANCIAL STATEMENTS
Note 1. Significant Accounting Policies-continued
G. Property Taxes- continued
•
The City's taxable assessed valuation of$1,308,239,821 and tax rate of .422 per $100 of taxable
assessed valuation resulted in a tax levy of$5,520,772.
Current taxes are due on October 1 and become delinquent if unpaid on February 1. Taxes unpaid
as of February 1 are subject to penalty and interest as the City Council provides by.ordinance. A
lien is created and attaches to property on January 1 each year until taxes are paid.
Tax collection of the 1996 tax levy and total collections, including collections of prior year taxes,
during the fiscal year ended September 30, 1997 were 98.78% and 104.5% of the current year tax
levy, respectively.
H. Allowance for Uncollectible Accounts
An allowance for uncollectible taxes including penalties and interest and water and sewer billed
receivables is provided based on an analysis of historical trends. The allowances for uncollectible
taxes and water and sewer billings at September 30, 1997 and 1996 were $65,762 and $23,099,
respectively.
•
I. Unbilled Services
Utility operating revenues (water, sewer and refuse collection) are billed on monthly cycles. The
City records estimated revenues for services delivered during the current fiscal year which will be
billed during the next fiscal year.
J. Inventories
Inventories are stated at cost (first-in, first-out) and are determined annually by taking a physical
inventory. Inventory in the general fund consists of gasoline and-supplies held for consumption
and is reported on the consumption method. Under the consumption method the cost is recorded
as an expenditure at the time individual inventory items are utilized.
K. Property, Plant and Equipment
Property, plant and equipment of the proprietary fund is stated at cost (estimated cost for assets
cortributed). Depreciation expense is calculated principally on the straight-line method.
Depreciation methods are designed to amortize the cost of the assets over their estimated useful
lives. Estimated useful lives of major categories of property are as follows:
•
19
CITY OF SOUTHLAKE,TEXAS
• NOTES TO COMBINED FINANCIAL STATEMENTS
Note 1. Significant Accounting Policies-continued
N. Contributed Capital-continued
Assets contributed by City.
Assets contributed by developers.
Receipts of federal grants specifically designated for acquisition of assets.
System development and impact fees charged to fund the costs of capital improvements to the
utilities system.
Special assessments levied to fund costs of capital improvements.
Proceeds of general obligation debt utilized to acquire proprietary assets for which debt will be
retired with debt service tax.
O. Reserves
Reserves indicate portions of fund equity legally segregated for a specific future use.
P. Tax Revenues
The City's tax revenues consist of property tax, franchise tax, and City sales tax. The ordinance
levying property taxes specifies the percentage applicable to the General Fund and Debt Service
Fund. Tax revenues by fund for the year ended September 30, 1997 were as follows:
' General Special Revenue Debt Service
• Fund Funds Funds Total
Property taxes $3,464,261 $ $2,304,859 $5,769,120
Franchise taxes 899,599 899,599
Sales taxes 1,931,016 965,508 2,896,524
Mixed beverage taxes 2,518 2.518
Tax revenue $6797 394 965 5r1R $2 304 A5Q *La`R7 761
Q. Cash Flow Presentation
For the purposes of presenting the Statement of Cash Flows, the City considers all highly liquid
investments with an original maturity or initial maturity of less than three months to be cash
equivalents. The enterprise funds equity in the City's pooled cash and investments is considered
as a cash equivalent.
R. Total Columns
Total columns on the combined financial statements are captioned"Memorandum Only"to indicate
they are presented only to facilitate financial analysis. Data in these columns do not present
financial position, results of operations or cash flows in conformity with generally accepted
accounting principles.. Neither are such data comparable to c consolidation. Interfund eliminations
have not been made in the aggregation of this data.
S. Comparative Data
Comparative totals for the prior year have been presented in the accompanying combined financial
statements in order to provide an understanding of changes in the City's financial position and
• operations.
21
CITY OF SOUTHLAKE,TEXAS •
NOTES TO COMBINED FINANCIAL STATEMENTS
•
Note 3. Fixed Assets
General Fixed Assets
All fixed assets acquired for governmental fund type operations are capitalized at cost or estimated
historical cost if actual historical cost is not available. Donated fixed assets are valued at their
estimated fair value on the date donated.
A summary of changes in general fixed assets follows:
Land Buildings
and and
Total Improvements Improvements. Equipment
Balance, beginning $ 8,905,585 $ 3,522,790 $ 1,368,763 $ 4,014,032
Additions 2,979,815 1,478,317 245,198 1,256,300
Deletions
Balance, ending $11.885 40Q $ 5 001.107 $ 1.613_961 . $ 5.270.332
Proprietary Fixed Assets
• A summary of proprietary fund fixed assets by type of property is as follows::.
Land and improvements $ 2,117,742
Buildings and improvements 349,962
Distribution system 31,386,169
Equipment 865.844
34,719,717
Less accumulated depreciation 5.418.245
S29.301 472
Note 4. General Long-Term Debt
General long-term debt of the City consists of general obligation bonds, certificates of obligation,
government revenue bonds, notes s payable, capital financing .lease and obligations under
compensated absence agreements. General obligation bond,-certificates of obligation, government
revenue bonds, notes payable and lease obligation retirements are provided from the debt service tax
within the Debt Service Fund. The retirement of accrued vacation is provided by financial resources
of the General Fund.
•
23
CITY OF SOUTHLAKE,TEXAS •
• NOTES TO COMBINED FINANCIAL STATEMENTS •
Note 4. General Long-Term Debt-continued
The debt service requirements of general obligation bonds and sales tax revenue bonds are as
follows: -
General Obligation Bonds
Due Fiscal
Year Ending Principal Interest Total
1998 $ 875,000 $ 1,314,447 $ 2,189,447
1999 1,019,532 1,110,666 2,130,198
2000 906,754 1,074,778 1,981,532
2001 1,234,851 1,029,244 2,264,095
2002 1,090,000 883,836 1,973,836
2003-2017 16.610.000 6.216.770 22.826.770
171 736 137 $11 629 741 ____ 878
Sales Tax Revenue Bonds
Due Fiscal
Year Ending • Principal Interest Total
1998 $ 205,000 $ 446,813 •$ 651,813
1999 215,000 439,125 654,125
2000 225,000 430,525 655,525
2001 230,000. 421,300 651,300
2002 240,000 411,640 651,640
2003-2021 7.760.000 4.734.677 12.494.677
S 8 875-000 S 6 884 080 515.759 080
Ill Notes Payable
Due Fiscal
Year Ending Principal Interest Total
1998 $ 217,350 $ 37,186 $ 254,536
1999 217,350 24,791 242,141
2000 217.350 12.395 229.745
3 652 050 . $ 74 372 $ 726 422
Lease Obligation
Due Fiscal
Year Ending Principal Interest Total
1998 $ 44,334 $ 17,133 $ 61,467
1999 48,018 13,449 61,467
2000 52,042 9,425 61,467
2001 48,888 12,580 61,468
2002 28.002 _ 10.947 38.949
$ 221 284 5 R'1534 S 284 818
Note 5. Proprietary Long-Term Debt
Proprietary long-term debt consists of revenue bonds and revenue contract obligations. Resources to
retire these obligations are provided from the net revenues of the water and sewer fund and transfers
from the debt service fund.
Revenue Bonds and Combination Tax and Revenue Certificates of Obligations
Revenue bonds were issued to make improvements to the water and sewer system. Revenue bonds
are payable solely from the net revenues of the water and sewer system. Combination tax and
revenue certificate of obligations are payable from the net revenues of the water and sewer system
• and general debt service tax.
25
CITY OF.SOUTHLAKE, TEXAS •
• NOTES TO COMBINED FINANCIAL STATEMENTS
Note 6. Advance Refunding Resulting in In-Substance Defeasance of Debt
During 1997, the City issued $9,220,000 in Refunding and Improvement Sales Tax Revenue Bonds,
of which $4,112,000 was issued to advance refund $3,800,000 of outstanding 1994 Series bonds.
The remaining proceeds of$5,108,000 will be used for park and related improvements.
The City advance refunding resulted in a reduction of the City's debt service payments over the next
16 years by$504,016 which resulted in an economic loss (difference between the present value of the
debt service payments of the old and new debt of$130,567).
In previous years the City has legally defeased certain outstanding general obligation and revenue
debt by placing funds into irrevocable trusts pledged to pay all future debt service payments of the
refunded debt. Accordingly, the trust pledged to pay all future debt service payments of the refunded
debt and the liability for the defeased issues are not included in the City's financial statements. As
of September 30, 1997 the following outstanding bonds were legally defeased:
Series Type Amounts
1988 Combination Tax and Revenue
Certificates of Obligation • $ 1,390,000
1990 Certificates of Obligation 745,000
1990 General Obligation 2,070,000
1990 Big Bear Creek Wastewater Interceptor
System Contract Revenue Bonds 2,787,074
1994 . Sales Tax Revenue Bonds 2,800,000
1994 Sales Tax Subordinate Lien Revenue Bonds 1.000.000
S10 792 074
The difference between the reacquisition price of refunded proprietary debt and its net carry value has
been reported as a reduction of the refunding debt on the balance sheet and is being amortized as a
component of interest expense over four years (the remaining life of the refunded debt). The
unamortized balance at September 30, 1997 was $114,047. Current year amortization of the deferred
amount is$39,015.
Note 7. Retirement Plan
Plan Description
The City provides pension benefits for all of its full-time employees through a nontraditional, joint
contributory, defined contribution plan in the state-wide Texas Municipal Retirement System (TMRS),
one of over 688 administered by TMRS, an agent multiple-employer public employee retirement
system. It is the opinion of the TMRS management that the plans in TMRS are substantially defined
contribution plans, but they have elected to provide additional voluntary disclosure to help foster a
better understanding of some of the nontraditional characteristics of the plan.
Benefits depend upon the sum of the employee's contributions to the plan,with interest, and the City-
financed monetary credits, with interest. At the date the plan began, the City granted monetary
credits for service rendered before the plan began of a theoretical amount equal to two times what
would have been contributed by the employee, with interest, prior to establishment of the plan.
Monetary credits for service since the plan began are a percent (100%, 150%, or 200%) of the
employee's accumulated contributions. In addition, the City can grant as often as annually another
•
27
CITY OF SOUTHLAKE,TEXAS •
NOTES TO COMBINED FINANCIAL STATEMENTS
•
Note 7. Retirement Plan-continued
Funding Status and Progress
Even though the substance of the City's plan is not to provide a defined benefit in some form, some
additional voluntary disclosure is appropriate due to the nontraditional nature of the defined
contribution plan which had an initial unfunded pension benefit obligation due to the monetary
credits granted by the City for services rendered before the plan began and which can have
additions to the unfunded pension benefit obligation through the periodic adoption of increases in
benefit credits and benefits. Statement No. 5 of the Governmental Accounting Standards Board
(GASB 5) defines pension benefit obligation as a standardized disclosure measure of the actuarial
present value of pension benefits, adjusted for the effects of projected salary increases, estimated
to be payable in the future as a result of employee service to date. The measure is intended to help
users assess the funding status of public employee pension plans, assess progress made in
accumulating sufficient assets to pay benefits when due, and make comparisons among public
employee pension plans.
The pension benefit obligation shown below is similar in nature to the standardized disclosure
measure required by GASB 5 for defined benefit plans except that there is no need to project salary
increases since the benefit credits earned for service to date are not 'dependent upon future
salaries. The calculations were made as part of the annual actuarial valuation as of December 31,
1996. Because of the money-purchase nature of the plan, the interest rate assumption, currently
8.0% per year, does not have as much impact on the results as it does for a defined benefit plan.
Market value of assets is not determined for each City's plan, but the market value of assets for
TMRS as a whole was 102.7% of book value as of December 31, 1996.
Pension Benefit Obligation -
Annuitants currently receiving benefits $ 27,401
Terminated employees 323,689
Current employees
Accumulated employee contributions
including allocated invested earnings 1,320,374
Employee-financed vested 1,607,641
Employer-financed nonvested 513.228
Total $ 3 7012133
Net assets available for benefits, at book value $ 2,912,059
Unfunded pension benefit obligation 880.274
$ 3797333
The book value of assets is amortized cost for bonds and original cost for short-term securities and
stocks. The actuarial assumptions used to compute the actuarially determined City contribution rate
are the same as those used to compute the pension benefit obligation. The numbers above reflect the
adoption of changes in the plan since the previous actuarial valuation, which had the effect of
increasing the pension benefit obligation by$40,661.
•
29
CITY OF SOUTHLAKE,TEXAS •
• NOTES TO COMBINED FINANCIAL STATEMENTS
Note 9. Ccmmitments and Contingencies
The City has entered various contracts with the Trinity River Authority (TRA) and other cities. Terms
of the agreements provide the City will pay an amount equal to its proportional share of maintenance
and operations and debt service based upon volumes of wastewater transported, treated or disposed
of. The City's proportional share of future costs under these contracts is indeterminable and has not
been recorded. Payments to the TRA under these contracts for the year ended September 30, 1997
was$413,986.
The City has authorized various contracts obligating future funds of the City as the contracted
services are performed. Significant amounts unexpended under such contracts at year end are
reflected as reserves for authorized contracts in the applicable funds.
Note 10. Risk Financing and Insurance
The City is exposed to various risks of loss related to torts, theft of, damage to, and destruction of
assets; errors and omissions; injuries to employees; and natural disasters. During the fiscal year
1990, the City joined the Texas Municipal League Workers Compensation Joint Insurance Fund for
risks related to employees. Premiums are paid to the Pool, which retain a limit of loss. Reinsurance
companies insure the risks beyond those limits. The City retains, as a risk, only the deductible
amount of each policy. The City continues to carry commercial insurance with Texas Municipal
•
League provided through Mutual of Omaha for other risks including general liability, property and
errors and omissions. Employee group benefits are provided through Mutual of Omaha. There were
no significant reductions in coverage in the past year and there were no settlements exceeding
insurance coverage in each of the past three fiscal years.
Note 11. Contributed Capital
During 1997, contributed capital changed by the following amounts:
Balance, beginning $18,774,436
Contribution from governmental funds 6,477,747
Impact fees 1,338,768
Development contributions 3,552
Depreciation on contributed assets ( 323.147)
Balance, ending N6.271.356
Note 12. Excess Expenditures Over Appropriations
The following is a list of funds with expenditures exceeding appropriations:
Southlake Parks Development Corporation Debt Service $ 257,935
General Fund 389,789
•
31
FULBRIGHT & JAWORSKI L.L.P.
A REGISTERED LIMITED LIABILITY PARTNERSHIP
TELEPHONE: 214/B55-8000 2200 Ross AVENUE HOUSTON
ACSIMILE: 214/B55-8200 WASHINGTON, D.C.
SUITE 2800 AUSTIN
ITER'S INTERNET ADDRESS: SAN ANTONIO
@fulbri�t.com WALLAS, TEXAS 75201 DALLAS
NEW YORK
WRITERS DIRECT DIAL NUMBER: LOS ANGELES
214/855-8 LO N DO N
HONG KONG
IN REGARD to the authorization and issuance of the"City of Southlake,Texas,Tax Notes,
Series 1998" (the "Notes"), dated October 15, 1998 (the "Note Date"), in the principal amount of
$4,275,000,we have examined into the legality and validity of the issuance thereof by the City of
Southlake, Texas (the "City"), which Notes are issuable in fully registered form only, in
denominations of$5,000 or any integral multiple thereof(within a maturity), have stated maturities
of February 15, 2000 through February 15, 2004, without right of prior redemption, and bear
interest on the unpaid principal amount from the Note Date at the rates per annum stated in the
ordinance authorizing the issuance of the Notes (the "Ordinance"), such interest being payable
on February 15 and August 15 in each year, commencing August 15, 1999, to the registered
owners thereof shown on the registration books of the Paying Agent/Registrar on the Record Date
(stated on the face of the Notes).
WE HAVE SERVED AS BOND COUNSEL for the City solely to pass upon the legality and
0 validity of the issuance of the Notes under the Constitution and laws of the State of Texas, and
with respect to the exclusion of the interest on the Notes from gross income for federal income tax
purposes and none other. We have not been requested to investigate or verify, and have not
independently investigated or verified, any records, data or other material relating to the financial
condition or capabilities of.the City., Our examinations into the legality and validity of the Notes
included a review of the applicable and pertinent provisions of the Constitution and laws of the
State of Texas, a transcript of certified proceedings of the City relating to the authorization and
issuance of the Notes, including the Ordinance, customary certifications and opinions of officials
of the City and other pertinent showings, and an examination of the Note executed and delivered
initially by the City, which we found to be in due form and properly executed.
BASED ON OUR EXAMINATIONS, IT IS OUR OPINION that, under applicable law of the
United States of America and the State of Texas now in force and effect that:
1. The Notes have been duly authorized by the City, and the Notes issued
in compliance with the provisions of the Ordinance are valid, legally binding and
enforceable obligations of the City, payable from the proceeds of an ad valorem
tax levied, within the limitations prescribed by law, upon all taxable property in the
City, except to the extent that the enforceability thereof may be affected by
bankruptcy, insolvency, reorganization, moratorium, or other similar laws affecting
creditors' rights or the exercise of judicial discretion in accordance with general
principles of equity; and
2. Assuming continuing compliance after the date hereof by the City with
• the provisions of the Ordinance.and in reliance upon representations and
certifications of the City made in a certificate of even date herewith pertaining to
the use, expenditure, and investment of the proceeds of the Notes, interest on the
732528.1
• Page 2 of Legal Opinion of Fulbright&Jaworski L.L.P.
Re: $4,275,000 "City of Southlake, Texas, Tax Notes, Series 1998", dated October 15, 1998
Notes for federal income tax purposes (1) will be excludable from gross income,
as defined in section 61 of the Internal Revenue Code of 1986, as amended to the
date hereof, of the owners thereof pursuant to section 103 of such Code, existing
regulations, published rulings, and court decisions thereunder, and (2)will not be
included in computing the alternative minimum taxable income of individuals or,
except as hereinafter described, corporations. Interest on all tax-exempt
obligations, such as the Notes, owned by a corporation will be included in such
corporation's adjusted current earnings for tax years beginning after 1989 for
purposes of calculating the alternative minimum taxable income of such
corporations, other than an S corporation, a qualified mutual fund, a real estate
mortgage investment conduit, a real estate investment trust or a financial asset
securitization investment trust (FASIT). A corporation's alternative minimum
taxable income is the basis on which the alternative minimum tax imposed by
section 55 of the Code will be computed.
WE EXPRESS NO OPINION with respect to any other federal, state, or local tax
consequences.under present law or any proposed legislation resulting from the receipt or accrual
of interest on, or the acquisition or disposition of, the Notes. Ownership of tax-exempt obligations
such as the Notes may result in collateral federal tax consequences to, among others, financial
0 institutions, property and casualty insurance companies, life insurance companies,certain foreign
corporations doing business in the United States, S corporations with subchapter C earnings and
profits, owners of an interest in a FASIT, individual recipients of Social Security or Railroad
Retirement Benefits, individuals otherwise qualifying for the earned income tax credit, and
taxpayers who may be deemed to have incurred or continued indebtedness to purchase or carry,
or who have paid or incurred certain expenses allocable to, tax-exempt obligations.
EHE:dfc
•
732528.1
Pr
City of Southlake,Texas
'STAFF REPORT
October 16, 1998
CASE NO: ZA 98-106 PROJECT: Site Plan /Kirby's Steakhouse
STAFF CONTACT: Dennis Killough, Senior Current Planner, 481-5581, ext. 787
REQUESTED ACTION: Site Plan for Kirby's Steakhouse on property legally-described as
Lot 9, Block A, of the approved Plat Revision of Southlake Bank
Place and being a portion of Lot 4R-2R-3,Block A, Southlake Bank
Place, an addition to the City of Southlake, Tarrant County,Texas,
according to the plat recorded in Cabinet A, Slide 2242, Plat
Records, Tarrant County, Texas, and being approximately 2.00
acres.
LOCATION: East of Bank Street, southwest of State Highway 114, and
approximately 400' south of East Southlake Boulevard (F.M.1709).
OWNER: Southlake Investments, L.L.C.
APPLICANT: Kirby's Steakhouse
•
CURRENT ZONING: "C-3" General Commercial District
LAND USE CATEGORY: Retail Commercial and 65 LDN Overlay Corridor
NO. NOTICES SENT: Three (3)
RESPONSES: None
P&Z ACTION: October 8, 1998; Approved (6-0-1) subject to Site Plan Review
Summary No. 1,dated October 2, 1998,allowing for the bufferyard
to be relocated to the east back of curb on the west common drive
(Items#la and#1b).
STAFF COMMENTS: The applicant has met all requirements in Site Plan Review
Summary No. 1, dated October 2, 1998, with the exception of
those listed in Site Plan Review Summary No. 2, dated October
16, 1998.
L:\COMDEV\WP-FILES\MEMO\98CASES\98-106SP.WPD
•
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THIS PLAT FILED IN CABINET SUDE OATS - - am!aril- ,,•QIr.Af[r n..-off
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RECD JUN 0 8 1998
APPROVED PLAT REVISION ;'-,
PPV City of Southlake,Texas
SITE PLAN REVIEW SUMMARY
owase No.: ZA 98-106 Review No: Two Date Review: 10/16/98
Project Name: Site Plan - Southlake Bank Place, Lot 9,Block A, -Kirby's Steakhouse
APPLICANT: ARCHITECT:
Kirby's Steakhouse c/o SunCoast Architects,Inc. SunCoast Architects,Inc.
2379 N. Carroll Rd., Suite 200 2379 N. Carroll Rd., Suite 200
Southlake, Texas 76092 Southlake,Texas 76092
Phone : (817) 424-4277 Phone : (817)424-4277
Fax : (817) Fax : (817) 621-9270
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/12/98 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN
APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED
FURTHER CLARIFICATION, PLEASE CONTACT LISA SUDBURY AT (817) 481-5581, EXT. 862. •
1. The following changes are required regarding the proposed bufferyards:
a. The applicant proposes the rear bufferyard be relocated adjacent to back of curb along the
rear drive lane. (P&Z Action 10/8/98:Accept as shown.)
• b. Correct the text regarding the rear bufferyard requirements in the site data chart.
P&Z Action: October 8, 1998;Approved(6-0-1) subject to Site Plan Review Summary No. 1, dated
October 2, 1998, as noted above.
* Depending on the timing and extent of the construction of the Common Access Easement,
additional fire lanes and/or wider turning radii may be necessary.
* No review of proposed signs is intended with this site plan. A separate building permit is required
prior to construction of any signs.
* There is no residential adjacency. This plan complies with Articulation requirements.
* It appears that this property lies within the 65 'LDN D/FW Regional Airport Overlay Zone will
require construction standards that meet requirements of the Airport Compatible Land Use Zoning
Ordinance No. 479.
* The applicant should be aware that a fully corrected site plan, landscape plan, irrigation plan, and
building plans, must be submitted for approval and all required fees must be paid. This may
include but not be limited to the following fees: Park Fee,Perimeter Street Fee, Water& Sewer
Impact and Tap Fees, and related Permit Fees.
4110
`1at
City of Southlake,Texas
lettdr of permission from the adjacent property owner(s)must be obtained for the construction
of the off-site pavement and a permit from TxDOT must be obtained prior to any curb cut along
• F.M. 1709 prior to issuance of a building permit.
* Please be aware that any change of tenant/owners with a request for a new C.O. will require that
all parking areas meet the "all weather surface" requirement in the zoning ordinance and all fire
lanes shall be per the Fire Department's requirements.
* Denotes Informational Comment
att: Bufferyard Calculation Chart,Interior Landscape Summary Chart
cc: SunCoast Architects VIA FAX ABOVE
L:\COMDEV\WP-FILES\REV\98\98106SP2.WPD
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City of Southlake,Texas
S TREE PRESERVATION ANALYSIS
(NON-RESIDENTIAL DEVELOPMENT)
Case No: ZA 98-106 Date of Review: 09 - 24 - 98 , Number of Pages: 1
Project Name: Lot 9,Block A, Southlake Bank Place,Kirby's Steakhouse (Site.,Plan)
APPLICANT: ENGINEERS/PLANNERS:
Kirby's Steakhouse Sun Coast Architects,Inc.
Southlake,;TX 76092
Phone:'? Phone: (817) 424-4277
Fax: Fax:
THIS ANALYSIS IS PREPARED AT THE TIME OF REVIEW OF THE ABOVE REFERENCED PROJECT AND IS TO
PROVIDE AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT O& CONSTRUCTION ON ANY
PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KETTH MARTIN,
LANDSCAPE ADMINISTRATOR AT(817)481-5581 EXT.848.
TREE PRESERVATION COMMENTS:
1. There are eight(8) protected trees on the property. Three (3) Soapberry trees and five (5)Eastern
ii•
Red Cedars.The other trees on the site are not protected species. The three (3) trees in the front -
parking spaces labeled China Berry, are actually native Soapberry.
2. All of the protected trees on the property are in excellent condition and worth preserving.
• Unfortunately seven of them are located in parking spaces and driveway area. If the parking could
be altered to accommodate the protected trees,they could add a nice accent to the landscape of the
project.
•
BUILDING INSPECTION_ S RECD .S E P 2 81998
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A1 % 1 i �. �_I•.� r? ,. UTILITY PLAN .
City of Southlake,Texas
STAFF REPORT
41, October 16, 1998-.
CASE NO: ZA 98-107 PROJECT: Resolution No. 98-69 /Specific Use Permit/Sale of
alcoholic beverages for on-premise consumption/
Kirby's Steakhouse
STAFF CONTACT: Dennis Killough, Senior Current Planner, 481-5581, ext. 787
Karen P. Gandy,Zoning Administrator, 481-5581, ext. 743
REQUESTED ACTION: Specific Use Permit for the 'sale of alcoholic beverages for on-premise
consumption per Zoning Ordinance No. 480, Section 45.1 (1) for Kirby's
Steakhouse on property legally described as Lot 9,Block A,of the approved
Plat Revision of Southlake Bank Place and being a portion of Lot 4R-2R-3,
Block A, Southlake Bank Place, an addition to the City of Southlake,
Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide
2242, Plat Records, Tarrant County, Texas, and being approximately 2.00
acres.
LOCATION: East of Bank Street, southwest of State Highway 114, and approximately
400' south of East Southlake Boulevard (F.M.1709).
OWNER: Southlake Investments,L.L.C.
APPLICANT: Kirby's Steakhouse
CURRENT ZONING: "C-3" General Commercial District
LAND USE CATEGORY: Retail Commercial and 65 LDN Overlay Corridor
NO.NOTICES SENT: Three (3)
RESPONSES: None
P&Z ACTION: October 6, 1998;Approved(6-0-1) subject to ZA 98-106 Site Plan Review
Summery No. 1, dated October 2, 1998, and restricting the Specific Use
Permit to this applicant(Kirby's Steakhouse) only.
STAFF COMMENTS: No new review letter was generated for this item. This site is subject to all
conditions of the Site Plan proposed under City Case No. ZA 98-106.
Attached is a site exhibit.
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Resolution No.98-69
Page 1 - . . , .. .-
• RESOLUTION NO. 8=69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE
PERMIT FOR THEE:SAL"EOF:AHCOHO> IG>MBEYFIF§
FOR SON=PREMISE r7:CONSUMPdTIO ON PROPERTY
WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING
LEGALLY DESCRIBED AS-LOT 9 BLOC A 9Q JT-:
BANK='� I;ACE;rAN ADDITIONS:FTO THE- CIT� d
- ,:.• "..F.. A', i.::. }.s:.md.'ur. � Pay..nwcn:Li•.
SOUTHLAKE;'TARRANT`COUNTY;TEXAS,AGCO;t wQ
TO:':THE-FLAT RECORDED IN~:CABINET,A t;SLIDES 4m
and 4547;;PLAT=REGORDS��'T��RRA�ITCOUNT�� � ,�
AN -BEINGAPPROXINIATELy 2;wrACRES,MORE FULLY
AND COMPLETELY DESCRIBED IN EXHIBIT"A",AND AS
DEPICTED ON THE APPROVED SITE PLAN ATTACHED
HERETO AND INCORPORATED HEREIN AS EXHIBIT "B"
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, a Specific Use Permit for t 1 ''sale` of alcohoM:bFVW es"for on premise
consumption has been requested by a person or corporation having a proprietary interest in the
property zoned as"C=3"-Gen-05.1 Coinmercialpistrict; and,
WHEREAS,in accordance with the requirements of Sections 45:T(-l)1nd45_6 of the City's
Comprehensive Zoning Ordinance,the Planning and Zoning Commission and the City Council have
given the requisite notices by publication and otherwise, and have afforded the persons interested
and situated in the affected area and in the vicinity thereof, and,
WHEREAS, the City Council does hereby find and determine that the granting of such
Specific Use Permit is in the best interest of the public health, safety,morals and general welfare of
the City.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE,TEXAS:
SECTION 1. ,
A Specific Use Permit is hereby granted for thesale:ofF ooh is b crag ore - �e
V
--'--------Resolution No.98-69 k.
Page 2
0
consumpfi on the property being legally described asT ot9;BIoelerATS„o _ lace an
additionfoltlieVity-,ofiSoutlilake;77 1: - oun � Texas gpordin p,Ittieplwygor dAVGabfiTet
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more fully and completely described in Exhibit"A", and as depicted on the approved development
plan attached hereto and incorporated herein as Exhibit"B" and providing an effective date, subject
to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth
herein. The following specific requirements and special conditions shall be applicable to the
granting of this Specific Use Permit:
1.
2.
II/ 3.
4.
5.
SECTION 2.
This resolution shall become effective on the date of approval by the City Council.
i
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_ _
_ L:\COMDEV\WP-FILE \RES-ORD\98-69ALC.SUP .,
-Resolution No.98-69
Page 3
PASSED AND APPROVED THIS DAY OF , 1998.
CITY OF SOUTHLAKE
By: •
Rick Stacy, Mayor
ATTEST: '
Sandra L. LeGrand
City Secretary
APPROVED AS TO FORM:
City Attorney
City of Southlake,Texas
•
LACOMDEV\WP-FILE&ORES-ORDV8-69ALC.SUP
Pr
--,------Resolution No.98-69
Page 4 •
EXHIBIT "A"
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City of Southlake,Texas
STAFF REPORT
October 16, 1998
CASE NO: ZA 98-108 PROJECT: Site Plan/ Campus Circle Parking Lot
STAFF CONTACT: Dennis Killough, Senior Current Planner, 481-5581, ext. 787
REQUESTED ACTION: Site Plan for Campus Circle parking lot on property legally
described as being Lot, 1, Block 1, Westlake/Southlake Park
Addition No. 1, according to the plat recorded in Volume 388-214,
Pages 78 and 79, Plat Records, Tarrant County, Texas, and being
approximately 75.206 acres.
LOCATION: North side of Kirkwood Boulevard across from Sam School Road.
OWNER/APPLICANT: Maguire Partners
CURRENT ZONING: "NR-PUD"Non-Residential Planned Unit Development District for
a Mixed Use Business Complex, known as Solana, to include the
following uses: "0-2" Office District, "C-3" General Commercial
District, "B-1" Business Service Park District, "CS" Community
• Service District, and "HC" Hotel District
LAND USE CATEGORY: Mixed Use
NO. NOTICES SENT: Three (3)
RESPONSES: None
P&Z ACTION: October 16, 1998; Approved (7-0) subject to Site Plan Review
Summary No. 1, dated October 2, 1998.
STAFF COMMENTS: The applicant has met all requirements in Site Plan Review
Summary No. 1, dated October 2, 1998, with the exception of
those in Site Plan Review Summary No. 2, dated October 16,
1998.
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'1, PREVIOUSLY APPROVED DEVELOPMENT PLAN
•
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City of Southlake,Texas
SITE PLAN REVIEW SUMMARY
Oase No.: ZA 98-108 Review No: Two Date of Review: 10/16/98
Project Name: Site Plan-Campus Circle at Solana(West Parking Lot)Lot 1,Block 1,Westlake/Southlake
Park Addition No. 1
APPLICANT: ARCHITECT:
Maguire Partners Solana Limited Partnership Huitt-Zollars, Inc.
Nine Village Circle#500 3131 McKinney Ave. STE 600
Roanoke, TX 76262 Dallas,TX 75204 '
• Phone : (817) 430-0303 Phone : (214) 871-3311
Fax: (817)430-8750 Attn. Richard Kuhlman Fax : (214) 871-0757 Attn. Ocie Vest
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/12/98 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN
APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED
FURTHER CLARIFICATION, PLEASE CONTACT LISA SUDBURY AT (817) 481-5581, EXT. 862.
1. The following changes are needed regarding driveways ingressing and egressing the site according
to the Driveway Ordinance No. 634:
a. Provide 150' stacking depth on the southeast driveway. The provided stacking is
• approximately 140'.
b. Dimension the width of all points of ingress and egress into the site and internal driveway
widths. i'
2. Identify the project phasing (I, II&III) on the graphic as provided for in the parking data summary.
3. The following information should be included on the graphic:
a. Show and label all pedestrian walks noting surface materials and existing or proposed.
b. Note the location, orientation,type and height of any intended exterior lighting.
4. Relocate dimensions on lots as necessary to eliminate conflict with other information to maintain
legibility. '
5. Revise the title block to include Campus Circle WEST Parking Lot, if both lots are referred to as
Campus Circle Parking Lots.
P&ZAction: October 8, 1998;Approved(7-0)subject to Site Plan Review Summary No. 1, dated October
2, 1998.
• Although not required by ordinance,staff would appreciate placing the City casC number"ZA98-108"
in the lower right corner for ease of reference. -
•
1F-S
City of South lake,Texas
No review of proposed signs is intended with this site plan. A separate building permit is required
411 prior to construction of any signs.
Denotes Informational Comment
att: Interior Landscape Summary Chart,Tree Preservation Analysis
cc: Maguire Partners
Huitt-Zollars,Inc
LACOMDEV\WP-FILES\REV\98198108SP2.WPD
F--la
City of Southlake,Texas
•
TREE PRESERVATION ANALYSIS
(NON-RESIDENTIAL DEVELOPMENT)
Case No: ZA 98-108 Date of Review: 10- 8 -98 Number of Pages: 1
Project Name: Lot 1.Block 1,Westlake/Southlake Park Addition No. 1 -Parking Lots
•
APPLICANT: ENGINEERS/PLANNERS:
Maguire Partners/Solana Limited Huitt-Zollars
Nine Village Circle,Suite 500 3131 McKinney Ave., Suite 600 ,,
Roanoke,TX 76262 Dallas,TX 75204
Phone: (817)430-0303 Phone: (214) 871-3311
Fax: Fax: (214) 871-0757
THIS ANALYSIS IS PREPARED AT THE TIME OF REVIEW OF THE ABOVE REFERENCED PROJECT AND IS TO
PROVIDE AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT OF,CONSTRUCTION ON ANY
PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEITH MARTIN,
LANDSCAPE ADMINISTRATOR AT(817)481-5581 EXT.848.
TREE PROTECTION COMMENTS:
0. The applicant has provided good-faith in providing for the twenty-eight inch(28")protected Pecan
that is located in the interior of the proposed parking lot.The other existing Live Oaks,which were
planted by Solana, are proposed to transplanted to another site in the development.
7R-7
BUILDING INSPECTIONS
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City of Southiake,Texas
' STAFF REPORT
October 16, 1998
CASE NO: ZA 98-109 PROJECT: Revised Site Plan/ Campus Circle Parking Lot
STAFF CONTACT: Dennis Killough, Senior Current Planner, 481-5581, ext. 787
REQUESTED ACTION: Revised Site Plan for Campus Circle parking lot on property legally
described as being Lot ;1, Block 1, Westlake/Southlake Park
Addition No. 1, according to the plat recorded in Volume 388-214,
Pages 78 and 79, Plat Records, Tarrant County, Texas, and being
approximately 75.206 acres.
LOCATION: North side of Kirkwood Boulevard across from Sam School Road. '
OWNER/APPLICANT: Maguire Partners
CURRENT ZONING: "NR-PUD"Non-Residential Planned Unit Development District for
a Mixed Use Business Complex, known as Solana, to include the
following uses: "0-2" Office District, "C-3" General Commercial
0 District, "B-1" Business Service Park District, "CS" Community
Service District, and "HC" Hotel District.
LAND USE CATEGORY: Mixed Use
NO. NOTICES SENT: Three (3)
RESPONSES: None
P&Z ACTION: October 8, 1998; Approved (7-0) subject to Site Plan Review
Summary No. 1, dated October 2, 1998, and approving the revised
plan dated October 8, 1998.
STAFF COMMENTS: The applicant has met all requirements in Site Plan Review
Summary No. 1, dated October 2, 1998, with the exception of
those in Site Plan.Review Summary No. 2, dated October 16,
1998.
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• PREVIOUSLY APPROVED DEVELOPMENT PLAN '
City of Southlake,Texas
SITE PLAN REVIEW SUMMARY _
Illkase No.: ZA 98-109 Review No: Two Date of Review: 10/16/98
Project Name: Revised Site Plan - Campus Circle at Solona (East Parking Lot) Lot 1, Block 1,
Westlake/Southiake Park Addition No. 1
APPLICANT: ARCHITECT:
Maguire Partners Solana Limited Partnership Huitt-Zollars, Inc.
Nine Village Circle#500 3131 McKinney Ave. STE 600
Roanoke, TX 76262 Dallas,TX 75204
Phone : (817) 430-0303 Phone : (214) 871-3311
Fax: (817)430-8750 Attn. Richard Kuhlman Fax : (214) 871-0757 Attn. Ocie Vest
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/12/98 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN
APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED
FURTHER CLARIFICATION, PLEASE CONTACT LISA SUDBURY AT (817) 481-5581, EXT. 862.
1. Note the surface materials for all pedestrian walks.
2. Show the location, orientation, type and height of any intended exterior lighting.
e. Revise the title block to include Campus Circle EAST Parking Lot, if both lots are referred to as
Campus Circle Parking Lots. .
P&Z Action: October 8, 1998;Approved(7-0)subject to Site Plan Review Summary No. 1, dated October
2, 1998.
* No review of proposed signs is intended with this site plan. A separate building permit is required
prior to construction of any signs.
* Denotes Informational Comment
att: Interior Landscape Summary Chart, Tree Preservation Analysis
cc: Maguire Partners
Huitt-Zollars, Inc
0
L:\COMDEV\WP-F ILES\REV\9 8\98109 SP2.WPD
1G-S-
City of Southlake,Texas
S . TREE PRESERVATION ANALYSIS
(NON-RESIDENTIAL DEVELOPMENT)
Case No: ZA 98-109 Date of Review: 10 - 8 - 98 Number of Pages: 1
Project Name: Lot 1.Block 1.Westlake/Southlake Park Addition No. 1 -Parking Lots
APPLICANT: ENGINEERS/PLANNERS:
Maguire Partners/Solana Limited Huitt-Zollars _
Nine Village Circle, Suite 500 3131 McKinney Ave., Suite 600
Roanoke, TX 76262 ,. Dallas,TX 75204
Phone: (817)430-0303 Phone: (214) 871-3311
Fax: Fax: (214) 871-0757
THIS ANALYSIS IS PREPARED AT THE TIME OF REVIEW OF THE ABOVE REFERENCED PROJECT AND IS TO
PROVIDE AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT OF CONSTRUCTION ON ANY
PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEITH MARTIN,
LANDSCAPE ADMINISTRATOR AT(817)481-5581 EXT.848.
TREE PRESERVATION COMMENTS:
S
1. The applicant has changed the parking lot design to accommodate for a mott of seventeen(17)
Post Oaks. They have also provided space for four(4) other Post Oak within the parking lot and
outside the parking lot.
2. The applicant has provided good-faith in providing for sufficient areas for protected trees.
Unfortunately twenty-three trees are shown to be removed for the construction of the parking lot.
Although these trees will have to be removed the applicant has chosen to preserve the largest and
healthiest trees on the site.
III . ,
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BUILDING INSPECTIONS
L:trees/dre98/98-109
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Y y5 =Mi t t S ;} •
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. I.
City of Southlake,Texas
STAFF REPORT
October 16, 1998
CASE NO:- ZA 98-109 PROJECT: Revised Site Plan/ Campus Circle Parking Lot
STAFF CONTACT: Dennis Killough, Senior Current Planner, 481-5581, ext. 787
REQUESTED ACTION: Revised Site Plan for Campus Circle parking lot on property_legally
described as being Lot .1, Block 1, Westlake/Southlake Park Addition No. 1, according to the plat recorded in Volume 388-214,
Pages 78 and 79, Plat Records, Tarrant County, Texas, and being
approximately 75.206 acres.
LOCATION: North side of Kirkwood Boulevard across from Sam School Road.
OWNER/APPLICANT: Maguire Partners
CURRENT ZONING: "NR-PUD"Non-Residential Planned Unit Development District for
a Mixed Use Business Complex, known as Solana, to include the
following uses: "0-2" Office District, "C-3" General Commercial
• District, "B-1" Business Service Park District, "CS" Community
Service District, and "HC" Hotel District.
LAND USE CATEGORY: Mixed Use
NO. NOTICES SENT: Three (3)
RESPONSES: None
P&Z ACTION: October 8, 1998; Approved (7-0) subject to Site Plan Review
Summary No. 1, dated October 2, 1998, and approving the revised
plan dated October 8, 1998. -
STAFF COMMENTS: The applicant has met all requirements in Site Plan Review
Summary No. 1, dated October 2, 1998, with the exception of
those in Site Plan Review Summary No. 2, dated October 16,
1998.
L:\COMDEV\WP-FILES\MEMO\98CASES\98-109SP.WPD
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PREVIOUSLY APPROVED DEVELOPMENT PLAN
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City of Southlake,Texas
SITE PLAN REVIEW SUMMARY
ease No.: ZA 98-109 Review No: Two Date of Review: 10/16/98
Project Name: Revised Site Plan - Campus Circle at Solona (East Parking Lot) Lot 1, Block 1,
Westlake/Southlake Park Addition No. 1
APPLICANT: ARCHITECT:
Maguire Partners Solana Limited Partnership Huitt-Zollars, Inc.
Nine Village Circle #500 3131 McKinney Ave. STE 600
Roanoke, TX 76262 Dallas,TX 75204
Phone : (817) 430-0303 Phone : (214) 871-3311
Fax: (817) 430-8750 Attn. Richard Kuhlman Fax : (214) 871-0757 Attn. Ocie Vest
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/12/98 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN
APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED
FURTHER CLARIFICATION, PLEASE CONTACT LISA SUDBURY AT (817) 481-5581, EXT. 862.
r -
1. Note the surface materials for all pedestrian walks.
2. Show the location, orientation,type and height of any intended exterior lighting.
0 Revise the title block to include Campus Circle EAST Parking Lot, if both lots are referred to as
Campus Circle Parking Lots.
P&Z Action: October 8, 1998;Approved(7-0) subject to Site Plan Review Summary No. 1, dated October
2, 1998.
* No review of proposed signs is intended with this site plan. A separate building permit is required
prior to construction of any signs.
* Denotes Informational Comment
att: Interior Landscape Summary Chart, Tree Preservation Analysis
.
cc: Maguire Partners
• Huitt-Zollars,Inc
1111
. -
L:\COMDEV\WP-FILES\REV\98\98109SP2.WPD
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City of Southlake,Texas
TREE PRESERVATION ANALYSIS
(NON-RESIDENTIAL DEVELOPMENT)
Case No: ZA 98-109 Date of Review: 10 - 8 - 98 Number of Pages: 1
Project Name: Lot 1. Block 1.Westlake/Southlake Park Addition No. 1 -Parking Lots
APPLICANT: ENGINEERS/PLANNERS:
Maguire Partners/Solana Limited Huitt-Zollars
Nine Village Circle, Suite 500 3131 McKinney Ave., Suite 600
Roanoke, TX 76262 ,. Dallas,TX 75204
Phone: (817)430-0303 Phone: (214) 871-3311
Fax: Fax: (214) 871-0757
THIS ANALYSIS IS PREPARED AT THE TIME OF REVIEW OF THE ABOVE REFERENCED PROJECT AND IS TO
PROVIDE AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT OF CONSTRUCTION ON ANY
PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEITH MARTIN,
LANDSCAPE ADMINISTRATOR AT(817)481-5581 EXT.848.
TREE-PRESERVATION COMMENTS:
ill 1. The applicant has changed the parking lot design to accommodate for a mott of seventeen(17)
Post Oaks. They have also provided space for four(4) other Post Oak within the parking lot and
outside the parking lot.
2. The applicant has provided good-faith in providing for sufficient areas for protected trees.
Unfortunately twenty-three trees are shown to be removed for the construction of the parking lot.
Although these trees will have to be removed the applicant has chosen to preserve the largest and
healthiest trees on the site.
O
BUILDING INSPECTIONS
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City of Southlake,Texas
•
MEMORANDUM
October 15, 1998
TO: Curtis E. Hawk, City Manager
FROM: Shana K. Yelverton, Assistant City Manager
SUBJECT: Ordinance No. 718, 2nd reading, Granting a license to Metricom, Inc., for
the installation of a wireless digital data communications radio network
within certain portions of City rights-of-way.
Metricom, Inc. is a wireless carrier that provides both mobile information access and Internet
services in one package called Ricochet. Metricom is in the process of building their
information network in the Dallas/Fort Worth metroplex and has approached about 42 cities in
the area (including Southlake) to acquire the use of the public rights-of-way for installation of
small radio transceivers on existing utility and light poles. Detailed information about their
company and services was provided in the packet to provided for Council on first reading.
Essentially, Metricom has proposed placement of the shoe-box size transceivers on light poles
within the community, using the photocell on the pole as a constant source of power.
Installation is easy, according to Metricom's representative, simply requiring that the box be
"plugged in." In his estimation, it takes longer to back the truck up to the light fixture than it
does to install the device. The total installation time is estimated at 15-20 minutes.
The degree of intrusion in the right-of-way, extensiveness of the network of equipment in the
right-of-way, the potential for damage to the right-of-way, and the city services required to
deal with the company's activities appears to be minimal compared to that of a telephone or
electric company. As such, our attorneys have negotiated a right-of-way use agreement, rather
than a standard franchise agreement, with Metricom, working from the model Metricom has
negotiated with other cities. A copy of the ordinance is attached to my memo. Note that
revisions to the ordinance have been made as requested by Council:
*Section 3.2 and 3.3 have been modified as follows, "A Radio
shall not exceed 0.75 cubic feet in size."
*Section 5.3 Right of Way Work, has been amended to definitively state that Metricom
shall not trim trees, etc.
*Section 9 has been modified to provide language to ensure that Metricom will remove - -. -
their property from the right-of-way in the event that the agreement expires, is
terminated, or Metricom ceases business operations in the City. This section now also
includes language which will give the City the right to remove the property with no
Curtis E. Hawk
AK
Ordinance No. 718, 2nd reading
Page Two
liability for damage if Metricom fails to meet this obligation.
Note that the term of the agreement is ten years, which will renew for two successive terms of
five years each unless either party gives notice of nonrenewal at least 90 days before the end of
a term. Metricom has agreed to compensate the city with 5% of its gross revenues for the use
of the rights-of-way.
One other item worth mentioning is that Metricom has proposed to include language in the
agreement that the City may purchase up to 20 subscriptions to Metricom's communications
services at a discount of 50% of the residential rate.
Please place Ordinance No. 718, granting Metricom the use of city rights-of-way for their
wireless radio network on the October 20, 1998 City Council meeting for second reading.
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ti
110 ORDINANCE NO. 718
AN ORDINANCE GRANTING A FRANCHISE TO METRICOM, INC.,
TO INSTALL, OPERATE, AND MAINTAIN A WIRELESS DIGITAL
DATA COMMUNICATIONS RADIO NETWORK IN THE CITY OF
SOUTHLAKE; PROVIDING FOR PUBLICATION; PROVIDING FOR
ACCEPTANCE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Metricom is in the business of constructing, maintaining, and operating a
wireless digital data communications radio network known as Ricochet®, a network operated in
accordance with regulations promulgated by the Federal Communications Commission, utilizing
Radios (as defined in § 1.13 below) and related equipment certified by the Federal
Communications Commission; and
WHEREAS, Metricom recognizes that its installation of its facilities in the Municipal
Right of Way (as defined in § 1.9 below) is subject to reasonable municipal regulations
concerning the time, location, manner of attachment, installation, and maintenance of its
facilities and payment of a reasonable fee for use of the Municipal Right of Way; and
WHEREAS, Metricom wishes to locate, place, attach, install, operate, and maintain
Radios on facilities owned by the City, as well as facilities owned by third parties, located in the
Municipal Right of Way for purposes of operating Ricochet®;NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
• TEXAS:
Section 1 DEFINITIONS. The following definitions shall apply generally to the provisions of
this franchise:
1.1 Agency. "Agency" means any governmental or quasi-governmental agency other
than the City, including the Federal Communications Commission and the PUC (as such
term is defined in § 1.12 below).
1.2 Fee. "Fee" means any assessment, charge, fee, imposition, tax, or levy of general
application to Persons doing business in the City lawfully imposed by any governmental
body (but excluding any utility users' tax, franchise fees, telecommunications tax, or
similar tax or fee).
1.3 Gross Revenues. "Gross Revenues" means the gross dollar amount derived directly
or indirectly by Metricom for Services provided to its customers with billing addresses in
the City, excluding (i) local, state, or federal taxes collected by Metricom, other than the
Right-of-Way Fee, that have been billed to the subscribers and separately stated on
subscribers' bills; and (ii)revenue uncollectible from subscribers (i.e., bad debts) with
billing addresses in the City that was previously included in Gross Revenues. '
1.4 Installation Date. "Installation Date" means the date that the first Radio is installed
in the City by Metricom pursuant to this franchise.
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Ordinance No. 718 Page 1 of 11
1.5 Laws. "Laws" means any and all statutes, constitutions, ordinances, resolutions,
regulations,judicial decisions, rules, tariffs, administrative orders, certificates, orders, or
other requirements of the City or other governmental agency having joint or several
jurisdiction over the parties'to this franchise, in effect either as of the Effective Date or at
any time during the presence of Radios in the Municipal Right of Way.
1.6 Metricom. "Metricom" means Metricom, Inc., a corporation duly organized and
existing under the laws of the State of Delaware, and its lawful successors, assigns, and
transferees.
1.7 Municipal Access Program. "Municipal Access Program" means the discount
program described in § 4.3 below.
1.8 Municipal Facilities. "Municipal Facilities" means City-owned street light poles,
lighting fixtures, electroliers, or other City-owned structures located within the Municipal
Right of Way and may refer to such facilities in the singular or plural, as appropriate to
the context in which used.
1.9 Municipal Right of Way. "Municipal Right of Way" means the space in, upon,
above, along, across, and over the public streets, roads, lanes, courts, ways, alleys, and
boulevards, including all public utility easements and public service easements as the
same now or may hereafter exist, that are under the jurisdiction of the City. This term
shall not include county, state, or federal rights of way or any property owned by any
Person or Agency other than the City, except as provided by applicable Laws or pursuant
to an agreement between the City and any such Person or Agency.
1.10 Person. "Person"means an individual, a corporation, a limited liability company,
a general or limited partnership, a sole proprietorship, a joint venture, a business trust, or
any other form of business entity or association.
1.11 Provision. "Provision" means any agreement, clause, condition, covenant,
qualification, restriction, reservation, term, or other stipulation in this franchise that
defines or otherwise controls, establishes, or limits the performance required or permitted
by any party to this franchise. All Provisions, whether covenants or conditions, shall be
deemed to be both covenants and conditions.
1.12 PUC. "PUC"means the Texas Public Utility Commission.
1.13 Radio. "Radio" means the radio equipment, whether referred to singly or
collectively,to be installed and operated by Metricom hereunder.
1.14 Ricochet®. "Ricochet®" or "Ricochet® MCDN" means Ricochet®
MicroCellular Digital Network, a wireless, microcellular digital radio communications
network owned and operated by Metricom.
1.15 Right-of-Way Fee. "Right-of-Way Fee" means the fee Metricom pays-the City for placing its equipment in the Municipal Right of Way. It does not relieve Metricom of
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Ordinance No. 718 Page 2 of 11
the responsibility of paying ad valorem taxes, sales taxes, or special assessments, if any
ill are applicable.
1.16 Services. "Services" means the wireless digital communications services
provided through Ricochet®by Metricom.
1.17 City. "City" means the City of Southlake.
1.18 Franchise. "Franchise"means this nonexclusive franchise.
Section 2 TERM. This franchise shall be effective as of the Effective Date and shall extend for
a term of ten (10) years commencing on the Installation Date, unless it is earlier terminated by
either party in accordance with the provisions herein. The term of this franchise shall be
renewed automatically for two (2) successive terms of five (5) years each on the same terms and
conditions as set forth herein, unless either party notifies the other of its intention not to renew,
not less than ninety (90) calendar days prior to commencement of the relevant renewal term.
Metricom shall give notice to the City of the Installation Date within ten (10) days of installing
the first Radio in the City.
Section 3 SCOPE OF FRANCHISE. Any and all rights expressly granted to Metricom under this
franchise, which shall be exercised at Metricom's sole cost and expense, shall be subject to the
prior and continuing right of the City under applicable Laws to use any and all parts of the
Municipal Right of Way exclusively or concurrently with any other Person or Persons and shall
be further subject to all deeds, easements, dedications, conditions, covenants, restrictions,
• encumbrances, and claims of title of record which may affect the Municipal Right of Way.
Nothing in this franchise shall be deemed to grant, convey, create,-or vest in Metricom a real
property interest in land, including any fee, leasehold interest, or easement. Any work performed
pursuant to the rights granted under this franchise may, at the City's option, be subject to the
reasonable prior review and approval of the City.
3.1 Attachment to Municipal Facilities. The City grants Metricom the non-exclusive
right and privilege to enter upon the Municipal Right of Way and to locate, place, attach,
install, operate,maintain, remove, reattach, reinstall, relocate, and replace Radios in or on
Municipal Facilities for the purposes of operating Ricochet® and providing Services to
Persons located within or without the limits of the City. In addition, subject to the
provisions of§ Section 4 below, Metricom shall have the right to draw electricity for the
operation of the Radios from the power source associated with each such attachment to
Municipal Facilities. A Radio that is in public view shall not exceed 0.75 cubic feet in
size.
3.2 Attachment to Third-Party Property. Subject to obtaining the permission of the
owner(s) of the affected property, the City grants Metricom the non-exclusive right and
privilege to enter upon the Municipal Right of Way and to attach, install, operate,
maintain,remove, reattach, reinstall, relocate, and replace such number of Radios in or on
poles or other structures owned by public utility companies or other property owners --
located within the Municipal Right of Way as may be permitted by the public utility
company or property owner, as the case may be. Upon request, Metricom shall furnish to
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Ordinance No. 718 Page 3 of 11
the city documentation of such permission from the individual utility or property owner
responsible. City agrees (without the obligation of advocacy) to cooperate with
Metricom, at no cost or expense to City, in obtaining where necessary the consents of
third-party owners of property located in the Municipal Right of Way. A Radio that-is-in
shall not exceed 0.75 cubic feet in size.
3.3 No Interference. Metricom in the performance and exercise of its rights and
obligations under this franchise shall not interfere in any manner with the existence and
operation of any and all public and private rights of way, sanitary sewers, water mains,
storm drains, gas mains, poles, aerial and underground electrical and telephone wires,
electroliers, cable television, and other telecommunications, service provider, utility, or
municipal property, without the express written approval of the owner or owners of the
affected property or properties, except as permitted by applicable Laws or this franchise.
3.4 Compliance with Laws. Metricom shall comply with all applicable Laws in the
exercise and performance of its rights and obligations under this franchise.
3.5 Obtaining Required Permits. If the attachment, installation, operation,
maintenance, or location of the Radios in the Municipal Right of Way shall require any
permits, Metricom shall, if required under applicable City ordinances, apply for the
appropriate permits and pay any standard and customary permit fees. City shall promptly
respond to Metricom's requests for permits and shall otherwise cooperate with Metricom
in facilitating the deployment of Ricochet® in the Municipal Right of Way in a
reasonable and timely manner. The proposed locations of Metricom's planned initial
installation of Radios shall be provided to the City promptly.after Metricom's review of
available street light maps and prior to deployment of the Radios.
3.6 Notice of Location of Radios. Upon the completion of installation, and upon the
addition or relocation of Radios, Metricom promptly shall furnish to the City suitable
documentation showing the exact location of the Radios in the Municipal Right of Way.
Section 4 COMPENSATION; DISCOUNTS; UTILITY CHARGES. Metricom shall be solely
responsible for the payment of all lawful Fees in connection with Metricom's performance under
this franchise, including those set forth below.
4.1 Right-of-Way Fees. In order to compensate City for Metricom's use of the Municipal
Right of Way in the operation of Metricom's business, Metricom shall pay to the City
quarterly an amount equal to five percent(5%) of Metricom's Gross Revenues (thee "Right-
of-Way Fee"), which amount may be collected from subscribers of the Services with billing
addresses in the City and remitted to City as provided herein. The compensation provided
under this section shall be payable for the period commencing upon the date that Metricom
first provides Services to paying subscribers within the City using Radios installed pursuant
to this franchise and ending on the date of termination of this franchise, and shall be due on
or before the 30th day after the end of each calendar quarter or fraction thereof. Within thirty
(30) days after the termination of this franchise, compensation shall be paid for the period -
elapsing since the end of the last calendar quarter for which compensation has been paid.
Metricom shall furnish to the City with each payment of compensation required by this
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Ordinance No. 718 Page 4 of 11
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section a statement, executed by an authorized officer of Metricom or his or her designee,
• showing the amount of Gross Revenues for the period covered by the payment. If Metricom
discovers that it has failed to pay the entire or correct amount of compensation due,the City
shall be paid by Metricom within thirty (30) days of discovery of the error or determination
of the correct amount. Any overpayment to the City through error or otherwise shall be
refunded or offset against the next payment due from Metricom. Acceptance by the City of
any payment due under this section shall not be deemed to be a waiver by the City of any
breach of this franchise occurring prior thereto, nor shall the acceptance by the City of any
such payments preclude the City from later establishing that a larger amount was actually
due or from collecting any balance due to the City.
4.1.1 Accounting Matters. Metricom shall keep accurate books of account at
its principal office in Los Gatos or such other location of its choosing for the
purpose of determining the amounts due to the City under § 4.1 above. The City
may inspect Metricom's books of account relative to the City at any time during
regular business hours on ten (10) business days' prior written notice and may
audit the books from time to time at the City's sole expense, but in each case only
to the extent necessary to confirm the accuracy of payments due under § 4.1
above. If the results of any audit indicate that Metricom (i)paid the correct
Right-of-Way Fee, (ii) overpaid the Right-of-Way Fee and is entitled to a refund
or credit, or (iii)underpaid the Right-of-Way Fee by three percent (3%) or less,
then the City shall pay the costs of the audit. If the results of the audit indicate
that Metricom underpaid the Right-of-Way Fee by more than three percent (3%),
411 then Metricom shall pay the reasonable costs of the audit. The City agrees to hold
in confidence any non-public information it learns from Metricom to the fullest
extent permitted by Law.
4.2 Electricity Charges. Metricom shall be solely responsible for the payment of all
electrical utility charges to the applicable utility company based upon the Radios' usage
of electricity and applicable tariffs.
4.3 Municipal Access Program. In consideration of City's execution and delivery of
this franchise, City shall have the right throughout the term of this franchise to purchase,
when such service is commercially available in the City, up to the maximum number set
forth below (based upon the City's population) of Ricochet® basic service subscriptions
at the rate of fifty percent (50%) of the regular rate for residential service as current from
time to time. The number of subscriptions which the City may purchase at the Municipal
Access Program rate shall be determined in accordance with the City's official
population, as shown on the latest available census data, as follows: (a)for municipalities
with a population of less than 100,000, up to a maximum of twenty (20) discount
subscriptions; (b) for municipalities with a population of 100,000 to 249,000, up to a
maximum of thirty (30) discount subscriptions; (c) for municipalities with a population of r
250,000 to 500,000, up to a maximum of forty (40) discount subscriptions; and (d) for
municipalities with a population of over 500,000, up to a maximum of fifty (50) discount
subscriptions. City understands and agrees that Metricom's modems and equipment
required to utilize the discounted subscriptions and any additional service subscriptions
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Ordinance No. 718 Page 5 of 11
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or service options the City may desire are expressly excluded from this special Municipal
i Access Program rate and may be obtained from either Metricom or an authorized retailer
at market rates current from time to time or under other promotional programs which may
be available from time to time in addition to the Municipal Access Program rate. City
shall use all subscriptions provided pursuant to this § 4.3 solely for its own use and shall
not be entitled to resell, distribute, or otherwise permit the use of the same by any other
Person.
Section 5 INSTALLATION AND RELOCATION OF RADIOS. Metricom understands and
acknowledges that City may require Metricom to relocate one or more of its Radios, and
Metricom shall at City's direction relocate such Radios at Metricom's sole cost and expense,
whenever City reasonably determines that the relocation is needed for any of the following
purposes: (a) if required for the construction, completion, repair, relocation, or maintenance of a
City project; (b)because the Radio is interfering with or adversely affecting proper operation of
City-owned light poles, traffic signals, or other Municipal Facilities; or (c)to protect or preserve
the public health or safety. In any such case, City shall assist and cooperate with Metricom in
finding a reasonably equivalent alternate location. If Metricom shall fail to relocate any Radios
as requested by the City within a reasonable time under the circumstances in accordance with
the foregoing provision, City shall be entitled to relocate the Radios at Metricom's sole cost and
expense, without further notice to Metricom.
5.1 Relocations at Metricom's Request. In the event Metricom desires to relocate any
Radios from one Municipal Facility to another, Metricom shall so advise City. City will
II/ assist and cooperate with Metricom in locating another reasonably equivalent Municipal
Facility available for use in accordance with and subject to the terms and conditions of
this franchise.
5.2 Damage to Municipal Right of Way. Whenever the installation, removal, or
relocation of Radios is required or permitted under this franchise, and such installation,
removal, or relocation shall cause the Municipal Right of Way to be damaged, Metricom,
at its sole cost and expense, shall promptly repair and return the Municipal Right of Way
or City equipment to a safe and satisfactory condition in accordance with City
specifications, normal wear and tear excepted. If Metricom does not repair the site as just
described, then the City shall•have the option, upon fifteen (15) days' prior written notice
to Metricom,to perform or cause to be performed such reasonable and necessary work on
behalf of Metricom and to charge Metricom for the proposed costs to be incurred or the
actual costs incurred by the City at City's standard rates. Upon the receipt of a demand
for payment by the City, Metricom shall promptly reimburse the City for such costs.
5.3 Right-of-Way Work. `Metricom shall not trim trees, excavate, or cut pavement on or
in the Municipal Right of Way.
Section 6 INDEMNIFICATION AND WAIVER. METRICOM AGREES TO INDEMNIFY,
DEFEND, PROTECT, AND HOLD HARMLESS THE CITY,_ITS COUNCIL MEMBERS, _ _
OFFICERS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS,
DEMANDS, LOSSES, DAMAGES, LIABILITIES, FINES, CHARGES, PENALTIES,
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Ordinance No. 718 Page 6 of 11
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ADMINISTRATIVE AND JUDICIAL PROCEEDINGS AND ORDERS, JUDGEMENTS,
REMEDIAL ACTIONS OF ANY KIND, ALL COSTS AND CLEANUP ACTIONS OF ANY
KIND, AND ALL COSTS AND EXPENSES INCURRED IN CONNECTION THEREWITH,
INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS OF DEFENSE
(COLLECTIVELY, THE "LOSSES") DIRECTLY OR PROXIMATELY RESULTING FROM
METRICOM'S ACTIVITIES UNDERTAKEN PURSUANT TO THIS USE AGREEMENT,
EXCEPT TO THE EXTENT ARISING FROM OR CAUSED BY THE NEGLIGENCE OR
WILLFUL MISCONDUCT OF THE CITY, ITS COUNCIL MEMBERS, OFFICERS,
EMPLOYEES, AGENTS, OR CONTRACTORS.
6.1 WAIVER OF CLAIMS. METRICOM WAIVES ANY AND ALL CLAIMS,
DEMANDS, CAUSES OF ACTION, AND RIGHTS IT MAY ASSERT AGAINST THE
CITY ON ACCOUNT OF ANY LOSS, DAMAGE, OR INJURY TO ANY RADIO OR
ANY LOSS OR DEGRADATION OF THE SERVICES AS A RESULT OF ANY
EVENT OR OCCURRENCE WHICH IS BEYOND THE REASONABLE CONTROL
OF THE CITY.
6.2 LIMITATION OF CITY'S LIABILITY. THE CITY SHALL BE LIABLE ONLY
FOR THE COST OF REPAIR TO DAMAGED RADIOS ARISING FROM THE
NEGLIGENCE OR WILLFUL MISCONDUCT OF CITY, ITS EMPLOYEES,
AGENTS, OR CONTRACTORS.
Section 7 INSURANCE. Metricom shall obtain and maintain at all times during the term of this
franchise commercial general liability insurance and commercial automobile liability insurance
protecting Metricom in an amount not less than One Million Dollars ($1,000,000)per occurrence
(combined single limit), including bodily injury and property damage, and in an amount not less
than One Million Dollars ($1,000,000) annual aggregate for each personal injury liability and
products-completed operations. Such insurance policies shall name the City, its council
members, officers, and employees as additional insureds as respects any covered liability arising
out of Metricom's performance of work under this franchise. Coverage shall be in an occurrence
form and in accordance with the limits and provisions specified herein. Claims-made policies
are not acceptable. When umbrella or excess coverage is in effect, coverage shall be provided in
following form. Such insurance shall not be canceled or materially altered to reduce the policy
limits until the City has received at least thirty (30) days' advance written notice of such
cancellation or change. Metricom shall be responsible for notifying the City of such change or
cancellation.
7.1 Filing of Certificates and Endorsements. Prior to the commencement of any work
pursuant to this franchise, Metricom shall file with the City the 'required original
certificate(s) of insurance with endorsements, which shall clearly state all of the
following:
(a) the policy number; name of insurance company; name and address of
the agent or authorized representative; name, address, and telephone _
number of insured; project name and address; policy expiration date; and
specific coverage amounts;
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Ordinance No. 718 Page 7 of 11
(b) that the City shall receive thirty (30) days' prior notice of cancellation;
• and
(c) that Metricom's insurance is primary as respects any other valid or
collectible insurance that the City may possess, including any self-insured
retentions the City may have; and any other insurance the City does
possess shall be considered excess insurance only and shall not be
required to contribute with this insurance.
The certificate(s) of insurance with endorsements and notices shall be mailed to the City
at the address specified in § Section 8 below.
7.2 Workers' Compensation Insurance. Metricom shall obtain and maintain at all
times during the term of this franchise statutory workers' compensation and employer's
liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000)
and shall furnish the City with a certificate showing proof of such coverage.
7.3 Insurer Criteria. Any insurance provider of Metricom shall be admitted and
authorized to do business in the State of Texas and shall be rated at least A:X in A.M.
Best & Company's Insurance Guide. Insurance policies and certificates issued by
non-admitted insurance companies are not acceptable.
7.4 Severability of Interest. Any deductibles or self-insured retentions must be stated
on the certificate(s) of insurance, which shall be sent to and approved by the City. "Cross
liability," "severability of interest," or "separation of insureds" clauses shall be made a
4110
part of the commercial general liability and commercial automobile liability policies.
Section 8 NOTICES. All notices which shall or may be given pursuant to this franchise shall be
in writing and delivered personally or transmitted (a)through the United States mail, by
registered or certified mail, postage prepaid; (b)by means of prepaid overnight delivery service;
or (c)by facsimile or email transmission, if a hard copy of the same is followed by delivery,
through the U. S. mail or by overnight delivery service as just described, addressed as follows:
if to the City:
CITY OF SOUTHLAKE
Attn: Curtis E. Hawk, City Manager
1725 East Southlake Boulevard
Southlake, TX 76092
if to Metricom:
METRICOM, INC.
Attn: Property Manager
980 University Avenue
Los Gatos, CA 95032
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Ordinance No. 718 Page 8 of 11
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8.1 Date of Notices; Changing Notice Address. Notices shall be deemed given upon
III receipt in the case of personal delivery,three (3) days after deposit in the mail, or the next
day in the case of facsimile, email, or overnight delivery. Either party may from time to
time designate any other address for this purpose by written notice to the other party
delivered in the manner set forth above.
Section 9 TERMINATION. This franchise may be terminated by either party upon forty five (45)
days' prior written notice to the other party upon a default of any material covenant or term
hereof (other than payment of money) by the other party, which default is not cured within
forty-five (45) days of receipt of written notice of default(or, if such default is not curable within
forty-five (45) days, if the defaulting party fails to commence such cure within forty-five (45)
days or fails thereafter diligently to prosecute such cure to completion). The period for the cure
of a default in the payment of money shall be ten (10) days from receipt of notice. If the money
is not paid by the le day after notice, this franchise may be terminated. Upon the expiration or
earlier termination of this franchise, or should Metricom cease business operations in the City,
Metricom shall promptly (but in any event not less than sixty (60) days thereafter) remove from
the Municipal Right of Way all of its Radios or other property ("Property"); and in the event
Metricom fails to remove its Property, the City shall have the right to remove the Property and
shall not be liable for any damage to the Property resulting from the removal. Except as
expressly provided herein, the rights granted under this franchise are irrevocable during the term.
Section 10 ASSIGNMENT. This franchise shall not be assigned by Metricom without the express
written consent of the City, which consent shall not be unreasonably withheld, conditioned, or
0 delayed. Notwithstanding the foregoing, the transfer of the rights and obligations of Metricom
hereunder to a parent, subsidiary, or financially viable affiliate shall not be deemed an
assignment for the purposes of this franchise.
Section 11 MISCELLANEOUS PROVISIONS. The provisions which follow shall apply generally to
the obligations of the parties under this franchise.
11.1 Nonexclusive Use. Metricom understands that this franchise does not provide
Metricom with exclusive use of the Municipal Right of Way or any Municipal Facility
and that City shall have the right to permit other providers of telecommunications
services to install equipment or devices in the Municipal Right of Way and on Municipal
Facilities. City agrees to advise other providers of telecommunications services of the
presence or planned deployment of the Radios in the Municipal Right of Way and/or on
Municipal Facilities.
11.2 Amendment of Franchise. This franchise may not be amended except by
ordinance approved by the City Council.
11.3 Severability of Provisions. If any one or more of the Provisions of this franchise
except § 4.1 shall be held by court of competent jurisdiction in a final judicial action to be
void, voidable, or unenforceable, such Provision(s) shall be deemed severable from the
remaining Provisions of this franchise and shall not affect the legality, validity, or
constitutionality of the remaining portions of this franchise. Each party hereby declares
that it would have entered into this franchise and each Provision hereof irrespective of the
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Ordinance No. 718 Page 9 of 11
•
fact that any one or more Provisions except § 4.1 be declared illegal, invalid, or
410 unconstitutional.
11.4 Contacting Metricom. Metricom shall be available to the staff employees of any
City department having jurisdiction over Metricom's activities twenty-four (24) hours a
day, seven (7) days a week, regarding problems or complaints resulting from the
attachment, installation, operation, maintenance, or removal of the Radios. The City may
contact by telephone the network control center operator at telephone number
(800) 873-3468 regarding such problems or complaints.
11.5 Governing Law; Jurisdiction. This franchise shall be governed and construed
by and in accordance with the laws of the State of Texas. If suit is brought by a party to
this franchise, the parties agree that venue shall be vested exclusively in the state courts
of Texas, County of Tarrant, or in the United States District Court for the Northern
District of Texas.
11.6 Attorneys' Fees. Should any dispute arising out of this franchise lead to
litigation, the prevailing party shall be entitled to recover its costs of suit, including '
reasonable attorneys' fees.
11.7 Exhibits. All exhibits referred to in this franchise and any addenda, attachments,
and schedules which may from time to time be referred to in any duly executed
amendment to this franchise are by such reference incorporated in this franchise and shall
be deemed a part of this franchise.
11.8 Successors and Assigns. This franchise is binding upon the successors and
assigns of the parties hereto.
11.9 Advice of Displacement. To the extent the City has actual knowledge thereof,
the City will attempt promptly to inform Metricom of the displacement or removal of any
pole on which any Radio is located.
11.10 Consent Criteria. In any case where the approval or consent of one party hereto
is required, requested or otherwise to be given under this franchise, such party shall not
unreasonably delay, condition, or withhold its approval or consent.
' 11.11 Waiver of Breach. The waiver by either party of any breach or violation of any
Provision of this franchise shall not be deemed to be a waiver or a continuing waiver of
any subsequent breach or violation of the same or any other Provision of this franchise.
11.12 Representations and Warranties. Each of the parties to this franchise
represents and warrants that it has the full right, power, legal capacity, and authority to
enter into and perform the parties' respective obligations hereunder and that such
obligations shall be binding upon such party without the requirement of the approval or
consent of any other person or entity in connection herewith, except as provided in § 3.2
above. In addition, City specifically represents and covenants that City owns all - --
Municipal Facilities and the Municipal Right of Way for the use of which it is collecting
from Metricom the Right-of-Way Fee pursuant to § 4.1 above.
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Ordinance No. 718 Page 10 of 11
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11.13 Entire Agreement. This franchise contains the entire understanding between the
parties with respect to the subject matter herein. There are no representations,
agreements, or understandings (whether oral or written) between or among the parties
relating to the subject matter of this franchise which are not fully expressed herein.
Section 12 PUBLICATION. The City Secretary is directed to publish this proposed ordinance or
its caption together with a notice setting out the time and place for a public hearing at last 10
days before the second consideration of this ordinance as required by Section 3.13 of the Charter
of the City of Southlake.
Section 13 ACCEPTANCE AND EFFECTIVE DATE. The City Secretary shall deliver a properly
certified copy of this franchise ordinance to Metricom within three working days of its final
passage. Metricom shall have 30 days to file its written acceptance. This ordinance shall
become effective upon delivery of the executed acceptance to the City Secretary.
PASSED AND APPROVED ON FIRST CONSIDERATION ON THIS DAY
OF , 1998.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND CONSIDERATION ON THIS
DAY OF , 1998.
MAYOR
ATTEST:
CITY SECRETARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
City Attorney
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Qrdinance No. 718 Page 11 of 11
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i
prPF— City of Southlake,Texas
0 MEMORANDUM
October 16, 1998
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TO: Curtis E. Hawk, City Manager
FROM: Shana K. Yelverton, Assistant City Manager
SUBJECT: Ordinance No. 714, 2nd reading, Granting a franchise to Millennium
Telcom,L.L.C. for the provision of cable television service within the city.
Millennium is a corporation formed in April of this year, headquartered in Denison. It was
formed to provide voice, video and data to subscribers in various portions of Tarrant„Denton
and Parker counties. The corporation is partially owned by Value Choice, Inc., a wholly
owned subsidiary of Tri-County Electric Cooperative. Their business plan notes that they are
working to become a Competitive Local Exchange Company (CLEC), but are taking the
approach of targeting business and residential developments before construction is initiated.
As such, they will be building a fiber network through proprietary marketing arrangements
with developers and builders who will assist in marketing their products and services. Their
goal is to provide high quality local services to customers at value driven prices.
SThis particular franchise agreement was originally negotiated by our city attorneys as a limited
franchise agreement, since Millennium will not have a large number of subscribers in their
first few years of operation. However, when staff met with the Millennium representative on
Monday,. October 12, 1998 to finalize the specifics of the limited agreement, she agreed to
meet all of the provisions we would incorporate into a regular cable franchise agreement. She
proposed using language from another franchise agreement, also negotiated by our attorneys
for the City of Burleson, which was acceptable to staff.
The result is the ordinance which is attached. Note that I have provided a redline/strikeout
format so that Council can easily see the changes to the ordinance which was provided on first
reading.
Please place this item on the October 20, 1998 City Council meeting agenda for second
reading. I will be happy to answer any questions you may have about this item.
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SK,/
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el ORDINANCE NO. ! i I
AN ORDINANCE GRANTING A FRANCHISE TO
MILLENNIUM TELCOM, L.L.C. TO CONSTRUCT,
INSTALL, OPERATE, AND MAINTAIN A CABLE
TELEVISION SYSTEM IN THE CITY OF SOUTHLAKE;
PROVIDING CONDITIONS; PROVIDING FOR
ACCEPTANCE; AND PROVIDING AN EFFECTIVE DATE.
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WHEREAS, Millennium Telcom, L.L.C., has requested a cable television franchise to
3 construct, install, operate, and maintain a cable television system in certain portions of the City of
Southlake; and
WHEREAS, the cable television service to be provided by Millennium Telcom, L.L.C.,
under this franchise is to a designated small portion of the city, and Millennium Telcom,L.L.C.,has
agreed to accept the franchise on the terms and conditions established in this ordinance; NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS:
SECTION 1. Purpose and grant. Pursuant to state and federal law and the City Charter,
the City Council hereby grants to Millennium Telcom,L.L.C., y a non-exclusive
0 franchise,right, and privilege to construct, install, operate,modify, and maintain a Cable Television
System with all necessary facilities, in,upon, along, across, above, and under th-certain highways,
streets, alleys, sidewalks, and public ways in the City as indicated in red on the map ivaikud as
Exhibit A,attached to and mnad,.a pail of this ordinance. This right and privilege does not include
the authorization to provide Telecommunications Services in the City. Cable Company is not
authorized to use its System or to make its System available to others for that purpose until it first
applies for and is granted a franchise for Telecommunication Services.
SECTION 2. Definitions. Whenever used in this ordinance, the following words and
terms shall have the definitions and meanings provided in this section.
(a) Cable Company means Millennium Telcom, L.L.C., a Texas Corporation, located
at 891 Price Street, Suite 220, Keller, Texas 76248, its agents, officers, employees, and its
successors.
(b) Cable Television System or System means a system of closed transmission paths
and associated equipment, including, but not limited to, antennae, cables, wires, lines, towers,
waveguides, or other conductors, converters, equipment or facilities that are designed and
constructed for the purpose of producing, receiving, amplifying, and distributing audio, video, and
other forms of electronic or electrical signals provided to multiple subscibers within the City. - --
(c) City means the City of Southlake, Texas.
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Millennium Cable Television Franchise - 1 - City of Southlake,Texas
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(d) Gross Subscriber Revenues means the gross amount received from the operation
0 of all facets of the Cable Company's Cable Television System-bubilicss drisins fiom operations
within the City.
(e) Normal Business Hours means those hours during which most similar businesses
in the community are open to serve customers. Normal Business Hours must include some evening
hours at least one night per week and some weekend hours.
(f) Normal Operating Conditions means those service conditions which are within the
control of the Cable Company. Conditions which are ordinarily within the control of the Cable
Company include,but are not limited to, special promotions, pay-per-view events, rate increases,
regular peak or seasonal demand periods, and maintenance or upgrade of the System. Conditions
which are not within the control of the Cable Company include, but are not limited to, natural
disasters, civil disturbances,power outages,telephone network outages, labor disputes, and severe
or unusual weather conditions,
(g) Service Interruption means the loss of picture or sound on one or more cable
television channels.
(h) Standard Installation means the installation of the cable services at a location that
is no more than 125 feet from the existing distribution system.
(i) Telecommunications Services means conventional telephone service, such as;
111 (1)switched local exchange service; and
(2)non-switched services, such as alternative access which connects user locations
and users to long distance companies.
SECTION 3. Franchise Term. The term of this franchise is five years from the date
of Cable Company's acceptance of this ordinance. At the end of five years, the term shall be
automatically renewed for successive terms of one year unless either party delivers to the other, 90
days before the expiration of a term, notice of intent to terminate the franchise. When such notice
is given, this franchise terminates at the expiration of the then current term.
SECTION 4. Compensation to the City.
(a) Amount. As compensation for the use, occupancy, oversight, supervision, and
regulation of the City's rights-of-way, Cable Company shall, during each year of operation under
this franchise,pay to the City an annual sum of five percent(5%) of the Gross Subscriber Revenues
received by the Cable Company from operations within the City. This payment shall be
compensation for the rights and privileges granted in this franchise and in consideration for the use
of public streets and ways within the City.
(b) Payment. The compensation for each year shall be made in four payments. The first
payment covering the first three months under this ordinance is due not later than 60 days after the
end of the third month, with subsequent payments due 60 days after each third successive month
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Millennium Cable Television Franchise -2- City of Southlake,Texas
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during the term of this franchise. At the time of payment,the Cable Company shall furnish the City
with a report showing the Cable Company's Gross Subscriber Revenues during the preceding period.
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SECTION 6. Records and Reports. The Cable Company shall keep full,true, accurate,
and current books of account reflecting Gross Subscriber Revenues, which books and records shall
be made available for inspection and copying by the City's designee at all reasonable times subject
to the privacy provisions of the Cable Communications Policy Act of 1984, as amended.
SECTION 7. Customer Service Standards.
(a) Access Line. The Cable Company shall maintain a local, toll-free, or collect call
telephone access line which is available to its subscribers 24 hours a day, seven days a week.
(1)Trained representatives of the Cable Company shall be available to respond to
customer telephone inquiries during Normal Business Hours.
(2)After Normal Business Hours, the access line may be answered by an answering
service or an automated response system, including an answering machine.
(3)Inquiries received after Normal Business Hours must be responded to by a trained
representative of the Cable Company on the next business day.
(b) Telephone Response Time. Under Normal Operating Conditions,telephone answer
time by a customer representative, including wait time, shall not exceed 30 seconds after the
• connection is made.
(1)If the call needs to be transferred, transfer time shall not exceed 30 seconds.
(2)Under Normal Operating Conditions, the Cable Company shall meet these
answering and transfer standards no less than 90 percent of the time, measured quarterly.
(3)The Cable Company shall maintain sufficient telephone capability so that under
Normal Operating Conditions, callers receive a busy signal less than three percent of the time.
(4)The Cable Company is not required to acquire equipment or perform surveys to
measure compliance with these telephone answering standards unless the record of complaints
indicates a clear failure to comply.
(c) Office Availability. Customer service and bill payment locations shall be open at
least during Normal Business Hours and must be conveniently located within the City.
(d) Installations, Outages, and Service Calls. Under Normal Operating Conditions,
the Cable Company shall meet each of the following standards 95 percent of the time, measured
quarterly: - - -
(i)Installations. The Cable Company shall complete Standard Installations within
seven business days after an order has been placed.
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Millennium Cable Television Franchise -3- City of Southlake,Texas
(ii)Service problems. The Cable Company shall:
III (i)except for conditions beyond the control of the Cable Company, begin
working on Service Interruptions promptly,but no later than 24 hours after the interruption becomes
known to the Cable Company;
(ii)begin actions to correct other service problems the next business day after
notification of the service problem.
(3) Appointments.
(A)When the Cable Company makes an appointment with a customer for
installation, service calls, or other installation activities,the appointment must be for a specific time
or, at maximum,within a four-hour time block during normal business hours. (Appointments may
be scheduled outside of normal business hours for the express convenience of the customer.)
(B)The Cable Company may not cancel an appointment with a customer after
the close of business on the business day prior to the scheduled appointment.
(C)If the Cable Company representative is running late for an appointment
with a customer and will not be able to keep the appointment as scheduled,the Cable Company shall
notify the customer and reschedule the appointment to a time that is convenient for the customer.
(e) Communications with Subscribers.
IP (i)Notifications to subscribers.
(i)The Cable Company shall provide written information on each of the
following areas at the time of installation of service, at least annually to all subscribers, and at any
time upon request:
(1)products and services offered;
(2)prices and options for programming services and conditions of
subscription to programming and other services;
(3)installation and service maintenance policies;
(4)instructions on how to use the cable service;
(i)channel positions of programming carried on the system; and
(ii)billing and complaint procedures, including the address and
telephone number of the city's cable office.
(1)The Cable Company shall notify subscribers of a change in rates,
programming services, or channel positions as soon as possible through announcements on the cable
system and in writing.
(1)Notice of these changes shall be given to subscribers not less than
30 days before the changes take effect unless the change is not within the control of the Cable
Company. In this case the Cable Company shall give the notice as soon as the information is
received.
ii (2)The Cable Company shall notify subscribers 30 days before any
significant change is made in the information required in Paragraph (e)(1)(A).
Millennium Cable Television Franchise -4- City of Southlake,Texas
(i)Billing.
• (1)The Cable Company shall prepare subscriber bills:
(1)so that they are clear, concise, and understandable; and
(2)with charges fully itemized,including,but not limited to,basic and
premium service charges and equipment charges.
(2)In case of a billing dispute,the Cable Company must respond to a written
complaint from a subscriber within 30 days.
(ii)Refunds. The Cable Company shall issue refund checks promptly,but no later
than either:
(1)the subscriber's next billing cycle following resolution of the request or 30
days, whichever is earlier, or
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(2)the return of the equipment supplied by the Cable Company if service is
terminated.
(iii)Credits. The Cable Company shall issue credits for service no latter than the
subscriber's next billing cycle following the determination that a credit is warranted.
SECTION 8.-(-I) Franchise Enforcement.
(a) Subscriber complaints. All complaints regarding Cable Company's service shall
III initially he directed to the Cable Company and shall he resolved within 48 hours when practical.
Upon red ue , the Cable omp�a y shall supply he i with copies of all comnl ints receivedi
indicating the disposition of each complaint. The report shall indicate the day and hour on which
it was received and resolved. When a complaint is received on the day preceding a holiday or a
weekend, it shall be serviced on the next working day. This section shall he subject to applicable
subscriber privacy provisions.
(h) Resolution of complaints. The City shall notify the Cable Company of each
complaint reported to the City Cable Company shall have the Butt,of taking t hatever reaso table
steps are necessary to remedy the cause of the complaint and notify the City of its resolution. The
City shall record complaints forwarded to the Cable Company and the Cable Company must
document the response to recorded complaints.
(c) Notice to customers of complaint procedures. The Cable Company shall notify
all customer abo omplain proced ire,r les and re Ala ions, in compliance =nth applicable FCC
regulations and whenever there is a change in the procedure,
(d) Violations. Failure to remedy the cause of a valid complaint shall be considered a
violation of this franchise and City and Cable Company agree that non-compliance with customer _
service standards will harm subscribers and the City and that the extent of harm will be difficult or
impossible to measure. The City may, therefore, upon final determination of a violation, collect
Sfrom Cable Company the following amounts adjusted annually by the percentage increase or
decrease of the Consumer Price Index, as liquidated damages:
Millennium Cable Television Franchise -5- City of Southlake,Texas
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__ (i)Failure to comply with the customer service provisions identified within this
0 franchise or applicable customer service provisions under state or federal law-each incident$75.00.
Each day a violation continues constitutes a separate incident.
(ii)Failure to comply with general condition fuse and construction andmaintenance
standards as identified in Sections 9 and 10 of this franchise - $75.00 per day until corrected,
(iii)Failure to comply with any other applicable provision of this franchise - $50.00
per day until corrected.
(e) Percentage compliance standards. The City may also assess liquidated damages
if the Cable Company fails to meet the percentage compliance standards of Section 7 as measured
quarterly. Liquidated damages for failure to meet a quarterly standard are as follows:
First Second r Third and subsequent
• Non-compliance Non-compliance Non-compliance
SII $500 $1000
(f) Collection of damages. The City may collect liquidated damages from the bond
furnished under Section 18 of this franchise.
(g) Procedures.
IIIII (i)Notice of violation; failure to respond; civil penalty. If the Cable Company
violates this ordinance, before the City considers imposition of liquidated damages. the City
Manager shall send written notice by certified mail, return receipt requested, to the Cable
Company, specifying the facts supporting the city's claim of violation. If the Cable Company fails
to respond to the notice in writing within 15 days of receiving the notice, the city council may,
upon proper posting on the city council's agenda, impose a civil penalty against the Cable
Company of$100 per day for each day after the 15th day that the Cable Company fails to provide
its written response to the city's notice.
(li)Response. If, in its response, the Cable Company acknowledges the violation
alleged by the city, the Cable Company shall have 30 days from the receipt of notice to correct
the violation. If, in its response, the Cable Company disputes the city's allegation of violation,
the city council shall set a time for a public hearing on the matter and send the Cable Company
written notice of the hearing, by certified mail, return receipt requested.
(ili)Public hearing; decision; appeal. The hearing must occur at least 10 days after
receipt of the notice by the Cable Company. At the public hearing, the City and the Cable
Company may present relevant evidence concerning the alleged violation. If the city council_
determines that a violation has occurred, the city council shall issue an order prescribing how the
violation is to be corrected and imposing liquidated damages , if warranted. The
iCable Company has 30 days from receipt of the order to comply or begin compliance with the
order or appeal the order to the Federal Communications Commission.
Millennium Cable Television Franchise -6- City of Southlake,Texas
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(iv)City council order. The city council may, by its order, assess liquidated
• damages in accordance with this Section 8 ' , require
refunds to subscribers if determined appropriate, require the Cable Company to install monitoring
equipment or conduct surveys to measure compliance with telephone response and service
standards, and order specific actions by the Cable Company to correct violations of this ordinance.
SECTION,1-8. Liability and Indemnification.
(a) Indemnity. The Cable Company shall indemnify, defend, and hold harmless, the
City and its officers, agents, and employees against all claims, damages, and penalties during the
term of this franchise that result from Cable Company's negligence in installation, operation, or
maintenance of its Cable Television System. These claims, damages, and penalties include,but are
not limited to, those arising out of personal injury (including death), property damage, copyright
infringement, defamation, anti-trust, errors and omissions, theft, fire, and all other damages arising
out of the Cable Company's negligence in the exercise of this franchise,whether or not the act or
omission complained of is authorized,allowed, or prohibited by this franchise. The Cable Company
is not required to indemnify the City for the negligence or misconduct on the part of the City or its
officers, agents, or employees.
(b) Defense. The Cable Company shall defend the City in all claims made against the
City or its officers, agents, or employees in connection with the installation, operation, or
maintenance of the Cable Television System, and upon resolution of the claim, if there is no finding
by a court that the City or its officers, agents, or employees were negligent,the Cable Company shall
0 hold the City harmless and indemnify the City for any damage, loss, expense, or liability resulting
from the claim, including all attorneys' fees, costs and penalties incurred. If the City or its officers,
agents, or employees are found negligent by a court with jurisdiction, in connection with work
performed by the City, on or adjacent to the Cable Television System, the City will reimburse the
Cable company for the cost of the City's defense.
(c) Notice of claims. The City shall notify the Cable Company within 15 days after the
receipt of a claim or demand, by suit or otherwise, made against the City and involving the Cable
Television System.
(d) Insurance. The Cable Company additionally agrees as follows:
(1)Worker's Compensation. Cable Company shall carry Worker's Compensation
insurance, with statutory limits, and Employer's Liability insurance with limits of not less than
$100,000, which shall cover all operations to be performed by Cable Company as a result of this
Ordinance.
(2)Comprehensive General Liability. Cable Company shall carry Comprehensive
General Liability and Comprehensive Automobile Liability insurance with bodily injury limits of
not less than$1,000,000 per occurrence, and property damage limits of not less than$1,000,000 per
occurrence. -
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Millennium Cable Television Franchise -7- City of Southlake,Texas
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(3)Certificates of Insurance. Cable Company shall furnish City with certificates
0 of insurance of these insurance policies, which shall provide that insurance shall not be canceled
unless 30 days'prior written notice shall first be given to City.
(4)Independent Contractor. It is agreed that the Cable Company is an independent
contractor and in no event shall Cable Company's employees be deemed to be employees of the City.
SECTION 10-9. General Conditions of Use
(a) Placement of Poles and Equipment.
(1)Materials and location. All poles placed shall be of sound material and
reasonably straight,and shall be set so that they will not interfere with the flow of water in any gutter
or drain and will not unduly interfere with ordinary travel on the streets or sidewalks. The location
and route of all poles, stubs, guys, anchors,conduits, fiber and cables placed and constructed by the
Cable Company in the construction and maintenance of its Cable Television System in the City shall
be subject to the lawful, reasonable, and proper control and direction of the City.
(2) Use of other facilities. The Cable Company may enter into contracts for use of
facilities in_the_right-of-way,with other franchised companies and owners of poles_as necessary for
installation of the System, obtain right-of-way permits from appropriate state, county, and federal
agencies necessary to cross highways or roads under their jurisdictions,and apply for whatever other
permits a city, county, state, or federal agency may require,
(b) Requirement of Relocation. The City reserves the right to require the Cable
elCompany, at Cable Company's expense, to relocate its facilities to permit the widening, change of
grade, or straightening of streets by giving to the Cable Company 30 days' notice and specifying the
new location for the facilities along the right-of-way of the street or streets.
(c) Underground Placement. Any work done in connection with the Cable Company's
use of the rights-of-way shall be subject to the police power and direction of the City. The Cable
Company may be required to place certain facilities underground according to reasonable
requirements that may be adopted from time to time by the City Council; provided, however, Cable
Company shall be given due notice and shall be entitled to a hearing before the City Council prior
to the adoption of any such requirements.
(d) Non-interference. All transmission and distribution structures,lines,equipment,and
facilities erected or maintained by Cable Company within the City shall be so located as to cause
minimum interference with the intended use of streets, highways, alleys, bridges and other public
ways and places, and to cause minimum interference with the rights or reasonable convenience of
owners of property adjoining any of the streets, highways, alleys, bridges or other public ways.
(e) Use of Facilities by Other Entities. '
(1)Lease to others. The Cable Company is not authorized to license or lease to any
person or entity the right to occupy or use the City's rights-of-way for the conduct of any private -
business unless the person or entity holds a franchise or other permission from the City authorizing
the activity.
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Millennium Cable Television Franchise -8- City of Southlake,Texas
(2) Shared facilities. The Cable Company may be required to attach its
transmission media to facilities owned and maintained by any person or
III entity franchised by the City or to permit the transmission media of any
person or entity franchised by the City to be attached to the facilities owned
and maintained by the Cable Company upon reasonable, non-discriminatory
terms.
(1)Insurance. The Cable Company may require any person or entity to furnish
evidence of adequate insurance covering the Cable Company and adequate bonds covering the
performance of the person or entity attaching to the Cable Company's facilities as a condition
precedent to granting permission to attach transmission media to Cable Company's facilities;
provided, Cable Company's requirements for such insurance are reasonable, as determined by the
City.
(2)Showing of increased risk. The Cable Company shall not be required to attach
its transmission media to the facilities of any other person or entity or to permit the transmission
media of any other person or entity to be attached to Cable Company's facilities if it can be shown
satisfactorily to the City that the Cable Company will he s .- -s_tolncreased risks of interruption
of service or to increased liability for accidents, or if the facilities of the other person or entity are
not of the character, design, and construction required by, or are not being maintained in accordance
with industry standards or practice.
(t) Transmission Media. The Cable Company shall use a fiber optics
trunking system to reduce amplifier cascades within the System. Transmission media shall be so
located on or in the facilities as to be safe and not to interfere unnecessarily with the use of the
• rights-of-way by others, including other persons or entities authorized to use the facilities. The
Ca
Cable Company facilities if it can be-shown satisfactorily to the City that the Cable Company-will
s, or if
with industry standards or practice.
(g) City and School District Installations. The Cable Company shall provide upon
written request from the City, at no cost to the City or the School District: 1
(1)a single Standard Installation to any municipal buildings owned or leased and
operated by the City and to any public elementary,secondary, and high school building in the Carroll
Independent School District; and
(2)basic cable service to these outlets.
Additional wiring, equipment, or services shall be borne by the entity requesting the additions.
(h) Experiments. To the extent technically_feasible, the Cable Company shall include
the City in any engineering experiments to further advance current technology,
(i) Access Channels. The Cable Company shall provide,at no cost to the City or School
District, one non-commercial governmental access channel to be programmed by the Cable
• Company at the City's direction, from text provided by the City, and one educational access channel
Millennium Cable Television Franchise -9- City of Southlake,Texas
to used by the Carroll Independent School District. The Cable Company will deliver a taped copy
of the text to the City for proofing prior to broadcasting. The Cable Company shall also provides,
• character g n r or,portable camcorder, and VCR for use on the gove mental ch nnel,which will
be located convenient to City offices at Cable Comps y's Northeast Tarrant County Office. The
Cable Company will provide a telephone number that is monitored after normal operating hours that
will enable the City to contact the Cable Company in the event of a disaster, so that information
about the disaster can he immediately broadcasted on the governmental_channel.
fit Emergency Access Path. The Cable Company shall provide upon request of the
City, an emergency access transmission path to its cable system, for use by th- , times of
crisis. This emergency interruption shall he capable of introducing a bulletin on all channels
simultaneously. The emergency access system shall comply with FCC regulations.
(k) City I-Net. To the extent technically feasible,the Cable Company shall,upon request
from the City, and at City expense, install an I-Net connecting locations within the C+ . specified
by the City,
(1) Use of Cable Company Facilities. The City shall have the right to install and
maintain, free of charge to the City, upon the poles and within'the underground pipes and conduits
of the Cable Company, any wires and fixtures designated by the City to the extent that the
installation and maintenance do not interfere with existing and future operations of the Cable
Company. The City shall indemnify and hold the Cable Company, its officers, directors,
sh reholders, plo , s, and agents harmless from nd against all claims,lo_ s_ses,damages, Cos ,an
expenses (including but not limited reasonable attorneys' fees) related to the City's negligence
in the installation, o erp ation, and maintenance o the wires and ixtures
S - Programming`Th_le Comp.ny_shall at a minimum, provide the following
categories of programming:
T,ocal broadcasting channels
Sports programming
Music programming
Children's programming
National news
Educational programming
Religious programming
.(n)_ System Testing. The Cable Company shall conduct technical performance tests as
required by the FCC and shall prpvide the City copies of tests results within 14 calendar days of a
written request from the City.
• SECTION 11-1-8. Construction, Maintenance, and Excavation.
(a) Removal of Dangerous Facilities. The City shall have the power at any time to
order and require the Cable Company to remove any of its facilities that are dangerous to life or
property,and in case the Cable Company,after reasonable notice to the Cable Company's designated
representative, fails or refuses to act,then the City, at the direction of the Director of Public Works,
shall have the power to remove or abate the dangerous conditions at the expense of the Cable
Company, all without compensation or liability for damages to the Cable Company.
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Millennium Cable Television Franchise - 10- City of Southlake,Texas
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- (b) Excavation and Restoration.
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(3)Except in an emergency,the Cable Company shall not excavate any right-of-way
or cut the surface or a paved street without first notifying the Director of Public Works, and, if
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approval is required it shall be given if the proposed excavation is in compliance with the
requirements of federal, state, and City, laws,rules and regulations. Engineering plans for projects
involving significant amounts of new buried cable and underground conduit systems to be placed
in rights-of-way shall be submitted to the Director of Public Works for review and approval prior
to construction. The Director of Public Works or the Director's designee shall be notified as soon
as practicable regarding work performed under emergency conditions.
(4)Cable Company shall promptly restore to as good condition as before the
commencement of work as determined by the Director of Public Works, all rights-of-way damaged
or excavated by the Cable Company.If the City reasonably determines within one year from the date
of the restoration,that the right-of-way requires additional restoration work to place it in as good a
condition as before the commencement of the work,the Cable Company shall perform the additional
work to the reasonable satisfaction of the Director of Public Works. The Cable Company shall not
obstruct a right-of-way for a longer period than reasonably necessary to execute all work.
(c) Protection of the Public. When Cable Company makes or cause to be made
excavations or places obstructions in any street, alley, or other public place, the public shall be
protected by barriers, lights and signs, which shall be placed, erected, and maintained by Cable
Company. All construction and maintenance signs and barricades at work sites shall be consistent
with the standards and provisions of the Texas Manual on Uniform Traffic Control Devices.
(d) Placement of Fixtures. The Cable Company shall not place poles or other
S facilities where they will interfere with any properly located gas, electric or telephone fixture,water
hydrant or main, and all such poles or other facilities placed in any street shall be placed at the outer
edge of the sidewalk and inside the curb line, and those placed in alleys shall be placed close to the
line of the lot abutting on the alley, and then in such manner as not to interfere with the usual traffic
on the streets, alleys and public ways.
(e) Trimming Trees. The Cable Company shall have the authority to trim trees upon
and overhanging streets, alleys, sidewalks and public places of the City to prevent the branches of
such trees from coming in contact with the wires and cables of the Cable Company. When directed
by the City, Cable Company shall perform tree trimming under the supervision and direction of a
designated representative of the City.
(f) Extension of Service. The Cable Company shall may riot extend its cable
facilities and servicebeyond—the—area—designated
frartchise-authorizing the-extension to new subscribers,at the normal installation charge and monthly
rate for customers of that classification,under the following conditions: -
(1)Where the new subscriber,or nearest subscriber of a group of new subscribers is
located within 500 feet of existing trunk cable; and
(2)The number of homes to he passed by the_new_extansion cable plant exceeds 30
homes per one mile of the new extension cable plant,
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Millennium Cable Television Franchise - 11 - City of'Southlake,Texas
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(g) Approval of Changes in Rates. The City reserves the right to regulate rates for basic
service and any other services offered over the cable system, to the extent permitted by federal or
el state law. Cable Company shall maintain on file with the City at all times a current schedule of all
rates and charges. To the extent applicable and required, the City shall comply with the rules
relating to cable rate regulation promulgated by the FCC in 47 C.F.R., part 76.900, Subpart N, or
such other applicable laws, rules or regulations with respect to the regulation of the rates charged by
Cable Company.
SECTION 12-1-1-. Work by City and Others in the Right-of-Way.
(a) Other Right-of-Way Construction. The City reserves the right to lay, and permit
to be laid, sewer, gas, water, and other pipe lines or cables and conduits, including
telecommunications and cable television lines, and to do and permit to be done any underground and
overhead work that may be deemed necessary or proper by the City, in, across, along,over, or under
any right-of-way or public place occupied by the Cable Company, and to change any curb or
sidewalk or the grade of any street. In performing or permitting such work to be done,the City shall
not be liable to the Cable Company for any damages related to the work,nor shall the City be liable
to the Cable Company for any damages not proximately caused by the City's sole negligence;
• provided nothing herein shall relieve any other person or corporation from liability for damage to
facilities of the Cable Company.
(b) Rights-of-Way Grants to Others. If the City authorizes abutting landowners to
occupy space under the surface of any street, alley,highway, or public place, the grant to an abutting
landowner shall be subject to the rights of the Cable Company granted in this ordinance. If the City
plans to close or abandon any right-of-way which contains any existing Cable Company facilities,
• City shall, if requested by Cable Company, (1)reserve a continuing right for the Cable Company's
facilities, (2) give notice of the date the City of Southlake City Council is to consider the closure or
abandonment, and (3) make any subsequent conveyance of land involved in the closure or
abandonment subject to the specific right of continued occupancy by Cable Company.
(c) Temporary Removal of Wire for Building Moving. The Cable Company shall,
on the request of any person holding a building moving permit, issued by the City,temporarily raise
or lower its wires to permit the moving of buildings. The expense of such temporary removal,
raising or lowering of wires shall be paid by the person holding the permit, and the Cable Company
shall have the authority to require such payment in advance. The Cable Company shall be given not
less than five business days' advance notice to arrange for such temporary wire changes.
SECTION Lill. Compliance with Standards. All facilities and equipment of Cable
Company shall be constructed and maintained in accordance with the requirements and
specifications of the National Electrical Safety Code and such applicable ordinances and regulations
establishee by the City and any other local, state, or federal agencies.
SECTION 14-H. Cable Company Rules and Regulations. The Cable Company shall
have the authority to promulgate such rules,regulations,terms,and conditions governing the conduct
of its business as shall be reasonably necessary to enable the Cable Company to exercise its rights
and perform its obligations under this Franchise, and to assure uninterrupted service to each and all
of its customers. However, such rules,regulations, terms and conditions shall not be in conflict with
the provisions hereof or of federal and state laws.
S
- Millennium Cable Television Franchise - 12- City of Southlake,Texas
, 11 ) 13
SECTION 15-1-4. Approval of Transfer. The Cable Company shall not sell or transfer
its System to another,nor transfer any rights under this franchise to another without written approval
0 by the City Council,provided that such approval shall not be unreasonably withheld if the transferee,
assignee, or lessee has filed with thz appioptiate uffi�idl of the City an instrument in a form
approved by the City, duly executed,reciting the fact of the sale, assignment, or lease, accepting the
terms of this franchise and agreeing to perform all conditions of this ordinance. In no event shall
a company or successor be allowed to transfer the System within less than 36 months after
acquisition by that company or successor,
SECTION 1(-1-5. Compliance with FCC Rules and Regulations. The Cable Company
shall, at all times, comply with the rules and regulations governing cable television operations
promulgated by the Federal Communications Commission ("FCC"), including, but limited to,
adherence by the Cable Company to FCC rules regarding technical and engineering specifications
involved in the construction of the System and signal carriage.
SECTION 17. Communications with Regulatory Agencies. Copies of all petitions,
applications, communications and reports submitted by Cable Company on behalf of or relating to
Cable Company to the FCC, Securities & Exchange Commission, or any other federal or state
regulatory commission or agency having jurisdiction in respect to any matters affecting the System
authorized pursuant to this franchise shall be made available to the City upon request. Cable
Company shall provide City with a list of all above-referenced communications within 60 days of
the date of adoption of this franchise to he updated, .9 necessary throughout the term of this
fr nchise. Th .City shall have the rig t to request copies o_f an_y and all c o,m11 ications re erenced
above, as well as responses from such regulatory agencies. Cable Company shall provide copies
within 14 days from the date of request.
SSECTION 18. Performance Bond. At the time the franchise is accepted, Cable Company
shall furnish and file with the City a performance bond in_the amount of 59,500. The performance
bond, which shall be issued by a company authorized to do business in the State of Texas, is
conditioned upon the faithful performance of Cable Company of all the terms and conditions of this
franchi9e._Theiights reserved to the City with respect to the performance bond are in addition to
all other rights the City may have under the franchise or any other law.
SECTION 19. City's Right to Revoke. in addition to all other rights which the City has
pursuant to law or equity, the City reserves the right to revoke, terminate or cancel this franchise,
and all rights and privileges pertaining thereto after affording Cable Company due process,
SECTION 20. Foreclosure. T Tpon the foreclosure or any other judicial sale of the
Television Cable System, Cable Company shall notify the City of the foreclosure or sale and the
notification shall be treated as a notification that a change in control of the Cable Company has taken
place, and the provisions of this franchise governing the consent to transfer or change in ownership
shall apply without regard to how the transfer or change of ownership occurred.
SECTION 21. Receivership. The City shall have the right to cancel this franchise subject
to any applicable provision of state law, including_he Bankruptcy Act, 120 days after the
appointment of a receiver or trustee to take over and conduct the business of the Cable Company,
whether in receivership, reorganization, bankruptcy or other action or proceeding, uiless the
receivership or trusteeship is vacated prior to the expiration of the 120 days.
Millennium Cable Television Franchise - 13- City of Southlake,Texas
SECTION 22. Removal of System. In the evcntjhe Cable Company abandons the System,
the Cable Company shall remove all visible cable plant from City right-of-ways at Cable Company's
• expense. Prior to removal, the .i , shall have n o ion o purchase the System at its f it m rket
value,
SECTION 23-1-6. Notices. Notices, reports, or demands required to be given under this
franchise shall be deemed to be given when delivered in writing,personally to the person designated
below, or when five days have elapsed after it is deposited in the United States Mail with registered
or certified mail postage prepaid to the person designated below, or on the next business day if sent
by Express Mail or overnight air courier addressed to the person designated below:
If to City: City Manager
City of Southlake
1725 Southlake Blvd.
Southlake, TX 76092
If to Cable Company: Millennium Telcom, L.L.C.
891 Price Street, Suite 220
Keller, Texas 76248
Attn.: President
t SECTION 24 . Incorporation of Other Law. The provisions of this ordinance are
intended to be consistent with state law, federal law, and FCC rules and regulations. If state or
federal law or FCC rules and regulations authorize any form of local regulation of cable television
0 systems not included in this ordinance, it is agreed that the City shall have the option to implement
the regulations so authorized. .
SECTION 25. Non-enforcement by City. Subject to applicable federal, state and local
laws, Cable Company shall not he released of its obligation to comply with any of the provisions of
this franchise for reason of any failure of the City to enforce prompt compliance.
SECTION 26. Not Franchise Fees. The Cable Compan _ogrees that the payments,
contributions, services, equipment or other activities to be performed by the Cable Company as
described in Section 10, shall not be considered as franchise fees payable to the City.
SECTION 2/-1$. Severability. If any section, subsection, sentence, clause, phrase or
portion of this ordinance, except Section 4,is for any reason held invalid or unconstitutional by any
court or agency of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining portions of the
ordinance.
- SECTION 2$ 9. Publication. The City Secretary is directed to publish this proposed
ordinance or its`caption and penalty together with a notice setting out the time and place for a public
hearing at least 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 10 days after final passage of this ordinance, as required by Section
3.13 of the Charter of the City of Southlake.
• SECTION 22�6. Acceptance and Effective Date. The City Secretary shall deliver a
properly certified copy of this franchise ordinance to the Cable Company within three working days
Millennium Cable Television Franchise - 14- City of Southlake,Texas
flV1
of its final passage. Cable Company shall have 30 days to file its written acceptance. This ordinance
shall become effective upon delivery of the executed acceptance to the City Secretary.
4110 PASSED AND APPROVED ON FIRST CONSIDERATION ON THIS DAY OF
, 1998.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND CONSIDERATION ON THIS DAY
OF , 1998.
•
MAYOR
ATTEST:
•
CITY SECRETARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
City Attorney
•
Millennium Cable Television Franchise - 15- City of Southlake,Texas
qi -1L9
ACCEPTANCE
• WHEREAS, on the day of , 1998, the city council of the City of
Southlake, Texas, adopted on final consideration, Ordinance No. , entitled:
AN ORDINANCE GRANTING A FRANCHISE TO
MILLENNIUM TELCOM, L.L.C. TO CONSTRUCT, INSTALL,
OPERATE,AND MAINTAIN A CABLE TELEVISION SYSTEM
IN THE CITY OF SOUTHLAKE; PROVIDING CONDITIONS;
PROVIDING FOR ACCEPTANCE; AND PROVIDING AN
EFFECTIVE DATE.
NOW,THEREFORE,
Millennium Telcom, L.L.C., accepts arid agrees to the provisions of Ordinance No.
which constitutes a binding contractual obligation of Millennium Telcom, L.L.C.., and Cable
Company files this its written acceptance with the City Secretary of the City of Southlake, Texas.
Dated this day of , 1998.
MILLENNIUM TELCOM, L.L.C.
By:
. (Name printed)
Its:
Acceptance filed in the Office of the City Secretary of the City of Southlake,Texas,this
day of , 1998.
City Secretary
\southlake\cable\millennium(10/15/98)
•
Millennium Cable Television Franchise - 16- City of Southlake,Texas
°rift
City of Southlake,Texas
II MEMORANDUM
October 16, 1998
TO: Curtis E. Hawk, City Manager
FROM: Shana K. Yelverton, Assistant City Manager
SUBJECT: Ordinance No. 715, 2nd reading, Granting a license to American
Communications Services of Texas, Inc., for the installation of
telecommunications equipment within certain portions of city rights-of-way.
You will recall that American Communications Services of Texas, Inc. (ACSI) has requested this
license to construct a telecommunications network within the City of Southlake's right-of-way.
ACSI is an integrated communications provider licensed and doing business in the state of
Texas. ACSI of Texas, Inc. is the local operating subsidiary of e.Spire Communications, Inc., a
Maryland based telecommunications company providing integrated communications services
throughout the U.S.
As we pointed out in the last Council packet, they have already received a permit from the state
to pass through Southlake along FM 1709 and have installed this fiber without needing access to
• city rights-of-way. Their intention with us at this time is to install fiber along Shady Oaks and
Randol Mill and through the area which was formerly Westlake in order to serve Solana. As you
know, it is our contention that this area is in Southlake. Thus, they will need to negotiate a
franchise agreement immediately if they wish to serve the Solana complex. We were previously
of the understanding that they were simply going to be passing through town. We are proceeding
with the second reading of this ordinance only because they need to begin work immediately, and
this will allow them to lay their lines in our rights-of way while we negotiate a franchise
agreement for the service they intend to provide in the Solana area. Keep in mind they will not
be allowed to "turn up" service until the franchise agreement has been executed.
As I mentioned in my last memo, since no such agreement has ever been executed for the City of
Southlake, I took the time to discuss this company and the proposed license agreement with my
contacts in other cities. I discovered that it is standard to charge $1 per linear foot as rental for
use of the right-of-way in instances where the provider offers no services within the jurisdiction.
This agreement proposes this fee for the footage of line in our rights-of-way as indicated on
Exhibit A. (Once the franchise agreement is executed, ACSI will be required to compensate the
city in a different manner, most likely by paying a percentage of their gross receipts.) The term
of this agreement is three years, since the agreement does not propose escalation of the fee (for
example, indexing it to the Consumer Price Index or some other measure) during the term.
It is my understanding that representatives from ACSI will be present during the meeting to
0 •
1 1 .- 1
• Curtis E. Hawk
Ordinance No. 715, 2nd reading
Page Two
answer any questions you or the City Council may have about their company, services, or this
agreement. Please place this ordinance on the Council agenda for the October 20 meeting.
SK
aj
•
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SEP-11-199e 1 19 Lr1.1 FI?M 817 3✓2 4740 P.03✓09
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ORDINANCE NO. 1S CE GRANTING A LICENSE TO AMERICAN
AN ORDINAN
COMMUNICATIONS SERVICES OF TEXAS, INC. FOR THE USE OF
DESIGNATED RIGHT-OF-WAY IN THE CITY FOR INSTALLATION OF
TELECOMMUNICATIONS EQUIPMENT; PROVIDING FOR
COMPENSATION; PROVIDING TERMS AND CONDITIONS OF THE
LICENSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABII.ITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, American Communications Services of Texas, Inc. ("Licensee") and the City
of Southlake ('City") intend to negotiate the terms of a franchise agreement for the use and
occupancy of the City's rights-of-way to erect,construct,replace,reconstruct,maintain,and operate
a telecommunications system in the City, and
WHEREAS, Licensee desires the immediate use of certain public right-of-way in the City
for the installation of telecommunications equipment before the grant of a franchise; and
WHEREAS, the use of the City's right-of-way under the License granted by this ordinance
will be conducted in such a manner that it is not inconsistent with other uses of the City's right-of-
way and will not be used to provide services within the City, NOW, THEREFORE,
BE IT ORDAINED BY nit CITY COUNCIL OF THE CITY OF SOUTHLAKE:
Ili
SECTION 1. Grant of use. The city council hereby grants to Licensee, a non-exclusive
License to use and occupy a portion of the City's right-of-way for the installation and maintenance
of telecommunications equipment, in, across, or under the public right-of-way located on Kimball
Avenue between FM 1709 and SH 114 as indicated on the attached Exhibit A("Designated Right-
of-Way"). This license does not authorize the installation of equipment or the use of equipment in
the right-of-way for the purpose of providing services to customers within the City.
SECTION 2. Nonexclusive. Licensee's right to use and occupy the Designated Right-of-
Way is not exclusive and is subordinate to the right of the City to use the licensed area for any public
purpose or to grant a similar use to other persons or entities during the term of this License.
SECTION 3. Term. The term of this License begins on the date of acceptance by Licensee
and terminates on October 1, 2001, or upon the acceptance by Licensee of a franchise for the
operation of a telecommunications system in the City, whichever occurs first.
SECTION 4. Compensation to the City.
(a)As compensation for the use and occupancy of the public right-of-way,Licensee shall pay
to the City an annual payment of 51.00 per linear foot for the length of the Designated Right-of-Way
41 as indicated on Exhibit A. The first annual payment is due and payable within 45 days after the
-11-1998 12:20 L4.1 F I PM 817 332 4740 P.e4439
pppEP
effective date of this License and within 45 days of each anniversary date of this effective date. If not
• paid within 45 days of each due date, interest shall accrue until paid at the annual rate of 10 percent.
(b)The annual payment is in addition to and exclusive of all general municipal taxes and fees,
including, but not limited to, ad valorem taxes, sales taxes, special assessments, and permit fees
(c)Payments shall be made to the City of SouthlakP.
SECTION 5.Administration of the License.
(a) The director of public works is the principal City officer responsible for the administration
of this license and shall review the operations of Licensee in the Designated Right-of-Way.
(b) Upon reasonable written request by the director of public works, Licensee shall inform
the director as to all matters in connection with or affecting the location,construction,reconstruction,
maintenance,and repair ofLicensee's facilities in the Designated Right-of-Way. Licensee shall report
to the director of public works, all material changes to Licensee's facilities.
(c)Notices required by this License may be given by registered or certified mail deposited in
the United States mail in the continental United States, postage prepaid. Either part may change the
address at which its notices are received by giving written notice to the other, to change the address.
Until a change is made, notices to the City shall be delivered to:
• City Manager
City of Southlake
1725 E. Southlake Blvd.
Southlake, TX 76092
Until a change is made, notices to Licensee shall be delivered to:
With copy to:
General Counsel D'Juan Hernandez
e.Spire Communications, Inc. Attorney
133 National Business Parkway e.Spire Communications Inc.
Suite 200 1250 Poydras Street
Annapolis Junction,MD 20701 Suite 500
New Orleans, LA 70113
SECTION 6. City work. If the City in the exercise of its discretion, determines that work
should be done in connection with a public improvement that will affect the Designated Right-of-Way
and any of Licensee's installations, Licensee, at its sole expense, shftl1 be responsible for any
modifications to its installation or equipment necessitated by the City's work.
III
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SECTION 7.Removal of Licensee's equipment. At the time this License is terminated for
• any reason, if no replacement license or franchise is approved,Licensee shall remove all installations
of equipment located in the Designated Right-of-Way and restore the premises to its former
condition. If the Licensee fails to remove its installations or restore the premises,the City shall have
the right to perform the work or cause the work to be performed and assess the cost of the work
against the Licensee.
SECTION S.Insurance. Licensee shall carry, at its sole expense,public liability insurance
against personal injury and property damage with a company authorized to do business in the State
of Texas and satisfactory to the City, against any and all claims for damages to persons or property
as a result of or arising out of the use, operation, and maintenance by licensee of the Designated
Right-of-Way and Licensee's installations,equipment,landscaping and other work in the area. The
insurance shall name the City as an additional insured and shall be in an amount of not less than:
Property damage, per occurrence S 500,000
Bodily Injury or Death, per occurrence S1,000,000.
The policy shall bear an endorsement to the effect that no cancellation will be effective without first
giving 30-days'written notice to the City. Licensee shall furnish the City a certificate evidencing this
• insurance coverage within 30 days of the acceptance of this ordinance. Should Licensee allow the
insurance coverage to lapse,or fail to provide a certificate as required during the term of this license,
the City shall have the right to terminate this License.
SECTION 9. Indemnity and waiver of claims.
(a) LICENSEE AGREES TO INDEMNIFY, DEFEND, AND HOLD THE CITY
HARMLESS AGAINST ANY AND ALL CLAIMS FOR DAMAGES,COSTS,AND EXPENSES,
TO PLKSONS OR PROPERTY THAT MAY ARISE OUT OF, OR BE OCCASIONED BY THE
USE, OCCUPANCY, AND MAINTENANCE OF LICENSEE'S INSTALLATIONS AND
EQUIPMENT WITHIN THE DESIGNATED RIGHT-OF-WAY, OR FROM ANY ACT OR
OMISSION OF ANY REPRESENTATIVE, AGENT, OR EMPLOYEE OF LICENSEE. THIS
AGREEMENT SHALL ALSO COVER ANY CLAIM FOR DAMAGE THAT A UTILITY,
WHETHER PUBLICLY OR PRIVATELY OWNED, MAY SUSTAIN OR RECEIVE BY
REASON OF LICENSEE'S USE OF THE DESIGNATED RIGHT-OF-WAY.
(b) Licensee shall not make any claim against the City for damages that it may suffer by
reason of the installation, construction, reconstruction, operation, or maintenance of a public
0
Voathisioeadar+oebpilvYnera hip 3
-11-1770 a. =1 Lt1W r LrI.I L31( .SJG 44,('4,43 ?'.{elb/tJ
improvement or utility, including,but not limited to,water or sanitary sewer mains, and storm sewer
• and drainage facilities or by reason of flooding, infiltration, baclo9ow, or seepage caused from the
failure of an installation, natural cauiape, or from any other cause.
(c)It is the intention of this indemnity and waiver and a condition of this License, that it shall
be full and total indemnity against every claim that may be asserted against the City by reason or as
a consequence ofhaving granted permission to Lice' to use and maintain the Designated Right-of-
Way. NOTWITHSTANDING ANYTHING CONTAINED IN THIS SECTION, AS BETWEEN
THE CITY AND THE LICENSEE AND WITHOUT WAIVING ANY GO AL
IMMUNITY OF THE CITY,LICENSEE SHALL NOT INDEMNIFY THE CITY NOR WAIVE
ITS CLAIMS FOR ANY ACTS OF GROSS NEGLIUNCE ON THE PART OF THE CITY.
SECTION 10. Existing facilities. This License is subject to any existing utilities or
communication facilities presently located within the Designated Right-of-Way_ Licensee shall not
construct or place installations in the Designated Right-of-Way in such a manner as to interfere with
the operation of any utility or communications facilities. All utilities and communication companies
shall have full right of ingress and egress to or from and upon the Designated Right-of-Way for the
purpose of constructing, relocating, inspecting, patrolling, maintaining, and removing their systems
• without the necessity of procuring permission from anyone.
SECTION 11. License violations. If Licensee fails to comply with any provision of this
License, the city council may terminate the License in accordance with the following procedures:
(a)If Licensee continues to violate or fails to comply with the provisions of this License for
a period of 30 days after the Licensee receives written notice from the City of the violation or failure
to comply, or fails to take steps to cure the violation or failure to comply within the 30-day period,
the city council may terminate this License. It however,the Licensee begins efforts to cure violations
within 30 days after receipt of the written notice and continues the curative efforts with reasonable
diligence until completion, the city council shall not terminate the License_
(b)If a violation or failure to comply continues after the 30-day notice period,the city council
may terminate this License by giving the Licensee 15-days' written notice of a public hearing
concerning the proposed termination. The Licensee may appear at the public hearing and present its
case. After the public hearing, the city council may find a violation of or failure to comply with this
License and terminate the License.
• Pap 4
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VI",••••
SECTION 12. Venue and governing law.
111 (a) VENUE OF ANY COURT ACTION BROUGHT BY REASON OF THIS LICENSE
SHALL BE IN TARRANT COUNTY, TEXAS. THIS LICENSE SHALL BE CONSTRUED
UNDER AND IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, AND ALL
OBLIGATIONS OF THE PARTIES CREAthI BY THIS LICENSE ARE PERFORMABLE IN
SOLT HLAICE, TEXAS.
(b) This License is subject to applicable state law and the charter and ordinances of the City
as they exist or may be amended.
SECTION 13.Assignment. Licensee shall not assign this License without prior written
approval from the city manager,which will not be unreasonably withheld. An assignment must recite
that it is subject to the terms and conditions contained in this ordinance. The assignee shall deliver
a copy of the assignment, along with the assignee's written acceptance of the provisions of this
ordinance,to the city manager within 10 days of the assignunent.
SECTION 14.Effective date of License. This License shall not become effective until and
unless Licensee files with the city manager a written acceptance of the terms and conditions of this
ordinance. If the written acceptance is not filed within ISO days after passage of this ordinance,this
• License is automatically terminated.
SECTION 15.Ordinance cumulative. This ordinance shall be cumulative of all provisions
of ordinances and of the Southlake City Code, as amended, except where the provisions of this
ordinance are in direct conflict with the provisions of other ordinances and the Code,in which event
the conflicting provisions of the other ordinances and the Code are hereby repealed_
SECTION 16.Severability. It is hereby declared to be the intention of the city council that
the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or
unconstitutional by a court of competent jurisdiction,with the exception of Section 4, the invalidity
or unconstitutionality shall not affect any ofthe 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 17.Effective date of ordinance. This ordinance shall be in full force and effect
from and after its passage, and it is so ordained.
III
110,s
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-11-1998 12:22 I_P&J F I P.l1 817 332 4740 P.08i09
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PASSIM AND APPROVED ON FIRST READING on this day of
0 , 1998
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING on this clay of
, 1998.
•
MAYOR
ATTEST:
0 CITY SECRETARY
N_
PP1 OVER AS TO FORM AND LEGALITY:
City Attorney
Date:
ADOPTED:
Er rr.CTIVE:
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Pubic ' Netwo. k Newsmagazine
. i. to , . . o.. T.: Ina a- ._' _, 1, 0 :111 . -._wee. K , .. -
z ' µ , -The.'intelligent networks shaping,the-,Infonnation Age:.-
Are you being serveei?
ICPs offer
bundled •sere ces t o small businesses
By Tim Wilson Dedham, Mass., consultancy. "Small busi- tion technology and they don't want to deal
There was a day not too long ago when the nesses can get service from their carriers, with it," said Josh Soske, president at Fre-
phrase "service bundling" meant putting but they have different needs, and they mont, Calif-based Vina Technologies Inc.,
the charges for a couple of different voice have not been targeted effectively." one of several suppliers building equip-
services on the same bill. And the established carriers may be ment to help ICPs provision a wide range
-, how times have changed. missing out on a good thing. In the United of services over a common connection.
ay, telecom service providers are States alone, it is estimated that there are "When small-business managers find out
g to package their offerings in a myr- between 6 million and 7 million companies they have to deal with three different ser-
riadad of ways: Voice and data. Frame relay with 10 to 100 employees, the fastest-grow- vice providers just to get ISDN, that's very
and Internet access. IP and virtual private ing segment of American business. frustrating for them. They want a single
networking. Thanks to the advent of Web advertis- bill and a single 800 number to call when
Yet, as revolutionary as these combo of- ing and e-commerce, small and midsize they have problems," Mr. Soske said. ICPs
ferings may seem, -a new are the carriers that
class of carriers is taking '7 '' -- :, ' •' ' • :-',tE ,i _s'� ' want CO provide those
bundling to an even a spire Communications Inc - 4 �_ "�`
-,tm: �� * •integrated services. _Y
higher level. Instead of `.Annapolis�Junction, Md.', .'°` :r a< � closer look at three ICPs
offering just a few ser . 4"' -u1 will illustrate how they
www.espire.net t>
vices over a common • r t' ,• '0 are offering those ser-
access link, these Jack Reich, president"and CEO _ = ' , e=. vices today—and where
providers are offering— - •1997 Revenue:$59 million ,r. L r-.4,1:.-
z " they are headed.
well,everything. *Services Offered: ATM, audioconf r` x f °r s -
Known collectivelyas �'`� TransformingACSI
encing, frame relay, Internet.acce-•�, ,,. ,}.
integrated communica- - ...! m�•
t American Communica-
tions providers (ICPs), ISDN., Local, tong distance, secur ,y vF
- •• � tions Services Inc. was
this new breed is target- services,voice-mail,Web hosting weary of the wars fought
ing small and midsize Geographic Reach: Integrated ser't_ • every day by competitive
businesses with services - access providers(CAPs).
that range from Internet .vices currently available in 12'cities;sched- . But becoming a compet-
access to local and long- uled to grow to 25 by the end of 1998 }- itive local exchange car-
distance voice service to - rier (CLEC) didn't give
frame relay and ATM. In ACSI much of a market
most cases, they provision all of these ser- businesses are seeking sophisticated net- edge. So in April,ACSI changed its strate-
vices over a common access line, usually a working services to support their products. its service offerings and even its name,
ich operates at 1.544 megabits per But unlike Fortune 1000 companies, most relaunching itself as e.spire Communica-
of these businesses don't have a communi- tions Inc.
ey are going after a market that is cations manager, a network services plan or Though not one of the largest ICPs,
pretty much unserved by the other carri- even the desire to know anything about e.spire offers a wide array of services. Cus-
ers—small business," said Rick 'sIalone, a technology. Comers of its Platinum service—which is
principal at Vertical Systems Group, a "Small businesses don't enjoy informa- offered in 18 cities so far—can get frame
y•l II_
1D
relay, ATM, local voice, long-distance they are more likely to follow Frontier's vices at Intermedia. "The question for us
voice, Internet access, ISDN, e-mail and model than e.spire's. Frontier has leveraged was how can we penetrate the customer site
other services over a single access link. an existing infrastructure and customer with multiple services over one link, rather
ACSI decided to become e.spire largely base in its effort to offer multiple services than multiple links."
use it recognized a shift in the small- over a common link.0e "Companies like Intermedia view them-
less market, said Vernon Irvin, senior "What we discovered is that if you can selves as the LEC-based versions of World-
president of marketing and strategy at give the customer multiple services and a Corn [which grew to enormous size
e.spire,Annapolis Junction, _MId. single bill, customer loyalty increases sig- through acquisitions]," said Mr. Malone of
"We brought in some customers that nificantly," said Allan Van Buhler, vice Vertical Systems Group.
spend less than $3,000 a month in commu- president of product management at Fron- That's why Intermedia was one of the
nications services and for the first time tier, Rochester, N.Y. "They want you to first carriers to buy products from Vina,
they were talking about technology," Mr. provide one set of services—you may have which offers a device that integrates a
Irvin said. "We have one customer who op- to go through three different loops to get channel bank, a DSU, a firewall and an IP
erates a small floral shop; she's now doing there, but you have to make that transpar- gateway for carriers. Intermedia participat-
half of her business over the Internet. ent to them." ed in the development of the Vina tool,
When we heard that, we just knew we Frontier offers the local and long-dis- which is intended for use by sites of
could not go out into the market with a tra- tance services of its predecessors,as well as between 10 and 100 users.
ditional voice/data service bundle. enhanced data and Internet services, some "These boxes will be extensions of our
"Those small users also told us they of which were acquired through the acqui- network, not CPE [customer premises
wanted integrated services," Mr. Irvin said. sition of Global Center, an ISP. If cus- equipment]," Mr. Madrid said. "They will
"They had too many invoices, too many tomers want cellular service, they can ac- help us to consolidate costs and manage-
people to deal with. They wanted sim- cess Frontier Cellular, a joint venture with ment and make it simpler to provision
plicity—they didn't want to have to know Bell Atlantic. services."
about routers or key systems or channel One of Frontier's advantages is its con- Because it is not weighed down by exist-
banks. solidated management and customer-care ing infrastructure, Intermedia has adopted
"And one other thing they told us: Make system, which handles ordering, provision- an aggressive deployment strategy for the
sure it's priced right," Mr. Irvin continued. ing and management of multiple services, Vina boxes and the integrated services they
"While customers that spend $3,000 or Mr. Van Buhler said. "Our big question support. "We intend to have these inte-
more a month are more concerned about right now is how to let customers take con- grated services available wherever we have
reliability than price, the small businesses trol and do it for themselves," he said. "We a data presence," Mr. Madrid said. "That's
said they would not be willing to pay even will offer electronic-interfacing capabilities not a casual statement, because that is a
10 percent more for a bundled service. So that will let them review bills, add and very big undertaking."
4 was our challenge." delete services and turn calling cards on
provision its initial services, e.spire and off from their own sites." Size matters -
fairly traditional equipment such as All of the ICPs agree that their larger com
channel banks that can be switched to sup- Shifting gears petitors have one thing they don't have—
port differing arrays of services. In the fu- Frontier recently decided to move upmar- inertia. In order to provide integrated ser-
ture, the companywants to put its traffic ket with its integrated services, and it is vices, companies like AT&T and
onto next-generation technology such as now targeting customers in the $3,000- to WorldCom Inc. will have to find ways to
voice-over-IP. S50,000-per-month billing range, Mr. Van unify their equipment, their business units
But while other carriers struggle to Buhler said. and their marketing strategies, experts
unify their disparate legacy services, people But those ICPs with roots in the voice noted.
and equipment, e.spire is aiming to be first market will need to work especially hard to "AT&T and WorldCom have different
in the integrated services market. "One of prove their data capabilities before they are business units that operate independently
the reasons we rushed to do this is that we accepted by larger customers, said Vertical and are not incented to put together inte-
think this is the high ground," Mr. Irvin Systems Group's Mr. Malone. "Until they grated services," Mr. Malone said. The
said. "Some providers are busy saying they get good at data, they don't have a full Bell companies are in even worse shape—
have the fastest IP network or the best story to tell," he said. they probably will not be able to offer inte-
long-distance network.We don't think cus- If creating an ICP business model in- grated services for several years, because
comers really care about that—they just solves a build-vs.-buy decision, Intermedia they must jump many regulatory hurdles to
want it to work." Communications.Inc.,Tampa, Fla., may be get there,he noted.
If e.spire is one of the smallest ICPs, the best example of the "buy" model. In So for the time being, it appears that
Frontier Corp. is one of the largest. the past year, Intermedia—a major frame smaller carriers will be the movers and
Formed five years ago through the merger relay service provider—bought a long-dis- shakers in the ICP market. "Our competi-
of long-distance provider Alltel Corp. and tance carrier (LDS Communications Inc.), tion is gated by their size—it will take
local exchange carrier Rochester Telephone a local service provider (National Telecom- them a while to catch up," Mr. Madrid
Corp., Frontier was one of the first carriers munications of Florida), an ISP (Digital said. "Some of the small carriers think
to capitalize on regulations allowing long- Express Internet Services Inc.) and a more'out of the box,'but they are gated by
distance carriers into local markets. shared-tenant services vendor (Shared their financial resources. We're sitting right
Technologies Fairchild Inc.). in the middle, which we think is the sweet
ing the leap "The main driver behind those acquisi- spot."
n larger interexchange carriers and tions was to establish a way for customers
i cal exchange carriers enter the ICP mar- to add services quickly," said Rich Madrid, Tim Wi is o n is an editor at large at
ket—and most experts agree they will— senior director of enhanced network ser- Internet Week.
Copyright0 1998 by CMP Media Inc.,600 Community Drive,Manhasset,NY 11030.Reprinted from INTERNETWEEK with permission.
iv .
City of Southlake,Texas
MEMORANDUM
III October 16, 1998
TO: . Shana Yelverton,Assistant City Manager
FROM: Billy Campbell,Director of Public Safety
SUBJECT: Ordinance No. 719,2nd reading,Amending Chapter 10,Article III, Section
10-81, of the Southlake City Code,providing changes to regulate food
manager certification and food handler training.
In consideration of the numerous eating establishments that are currently within our community,
and the distinct possibility of future restaurants, etc.,we feel that it is important to work with the
Tarrant County Health Department in establishing requirements that must be met by food
handlers._
Attached is an ordinance amending the Southlake City Code to establish food handling
requirements. Also attached is a list of cities that have similar ordinances and contracts with the
Tarrant County Health Department. The ordinance will regulate any and all food handlers and
designate the Tarrant County Health Department Director as our health authority who will be in
charge of implementing all regulations contained in the ordinance. We will also monitor all of
these areas with our current Code Enforcement employees.
S
The ordinance has been reviewed by the City Attorneys and is ready for consideration of
approval at the October 20, 1998 City Council Meeting.
e? :-.
BC/bls
Attachments
• . _
7K-1
AYLOR, OLSON, ADKINS, SRALLA & ELAM, L.L.P.
ATTORNEYS-AT LAW
500 THROCKMORTON STREET TELEPHONE(817)332-2580
eiv
ANK ONE TOWER TOLL FREE(800)318-3400
ORTH,TEXAS 76102-3821 FAX(817)332-4740
DEBRA A.DRAYOVITCH
(extension 244)
September 11, 1998
Mr. Paul Ward
• Chief Building Official
CITY OF SOUTHLAKE
1725 E. 1709
Southlake, Texas 76092
Re: Food Handlers Ordinance
Dear Paul:
As you requested, I reviewed the draft of the above-referenced ordinance. I took
the liberty of making some changes to reflect the codification of Ordinance 558. A new
draft is enclosed.
IIIAfter you have had an opportunity to review the ordinance, please give me a call to
discuss any revisions or questions you may have.
Sincerely,
Ae/i& _
Debra A. Drayovit
DAD:Imh
Enclosure
H:\LI B RARY\Southlake\LETTERS\Ward PauI.LTR.DAD001.wpd
S .
7K-2.f
•
ORDINANCE NO.
•
AN ORDINANCE AMENDING SECTION 10-81 OF THE CODE OF
ORDINANCES OF THE CITY OF SOUTHLAKE, ESTABLISHING
REQUIREMENTS FOR FOOD HANDLER TRAINING; REVISING THE
REGULATIONS APPLICABLE TO FOOD MANAGER CERTIFICATION
AND THE ISSUANCE OF MULTIPLE PERMITS; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY
FOR VIOLATIONS HEREOF; PROVIDING . A SAVINGS CLAUSE;
• PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR
• PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Southlake is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS,the City of Southlake heretofore adopted Ordinances No.409 and 558,
providing for the regulation of food sales and inspection and designating the Tarrant
•
County Health Department Director as the health authority in charge of implementing said
regulations;
WHEREAS, the City Council now desires to amend said regulations to establish
requirements for food handler training and,to amend the requirements for food manager
certification;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE:
SECTION 1.
That Section 10-81 of the Code of Ordinances of the City of Southlake is hereby
amended to read as follows:
• FOOD MANAGER/HANDLER ORDINANCE PAGE 1
H:ILIBRARY1Sauthlake\ORDINANCVood.manager.wpd(0923/98)
7K-3 .
a
V .
0Section 10-81. Food manager and food handler training certification.
(a) Requirement
i. Each food establishment handling open food and/or beverages shall
have at least one person employed on a site in a managerial capacity possessing a current
food manager certificate approved by the health department, unless specifically exempted •
in this ordinance.
ii. Each food establishment with six or more employees that is required
to have certified food managers must have at least one certified manager on site during
all operations.
iii. Each food establishment shall post food manager certification
certificates along with the health permit.
iv. Any person who contacts food during stocking, preparation, cooking,
baking, presentation or delivery shall:
(1) present his food handler certificate upon request; or
(2) post the certificate in the food establishment.
III (b) Expiration.
I. Food manager certification is valid for a period of three years from the
date of issuance unless sooner revoked by the health department.
ii. Food manager certification must be kept current at all times and all
establishments must maintain compliance with food manager certification requirements.
iii. Food handler certification is valid for a period of up to three years from
the date of issuance, as determined by the health authority, unless revoked sooner by the
health department.
(c) Revocation. Repeated violations of the State Food Rules,closure of the food
establishment by the health department, or suspension of a health permit may constitute
cause for immediate revocation of food manager and food handler certification.
(d) Change of Food Managers or Food Handlers.
i. Termination or transfer of certified food managers or food handlers
does not change the requirements as stated above.
ii. New food managers or food handlers shall obtain certification prior to
II •
FOOD MANAGER/HANDLER ORDINANCE PAGE 2
H:ILIBRARY1SouthlakelORDINANCVood.manaper.wpd(0923/98)
.i7K-4 • ft,
• employment or transfer or within thirty days.
(e) Change of Ownership. Upon change of ownership of a food establishment,
there will be a 60 day grace period for the owner or operator to obtain food manager
certification and a 30 day grace period to obtain food handler certification. The grace
period shall commence on the date of actual change of ownership.
(f) New Establishments. New food establishments must be in compliance with
food manager and food handler certification requirements prior to issuance of the first
health permit.
• (g) Exceptions. The requirements of this section do not apply to the following:
i. Temporary food establishments.
ii. Establishments with uncut produce or packaged food only.
iii. Convenience stores or vendors with fountain drinks, coffee, and/or
popcorn only.
iv. Daycare centers that do not prepare food other than heating and/or
- cooling of pre-packaged items.
• SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the Code
of Ordinances of the City of Southlake, Texas, as amended, except where the provisions
of this ordinance are in direct conflict with the provisions of such ordinances and such
Code, in which event the conflicting provisions of such ordinances and such Code 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
11111 FOOD MANAGER/HANDLER ORDINANCE PAGE 3
H:tLIBRARriSauthlakeIORDINANCVood.manaper wpd(0923190)•
-
17K-5 .
_ ., , . ,
• 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.
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 558, Chapter 10 of the Code of Ordinances or
any other ordinances affecting of the regulation of food establishments, which 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 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
III PAGE 4
FOOD MANAGER/HANDLER ORDINANCE
H:1LIBRARY\Southlake\ORDINANC\food.manager wpd(09/23/98)
'.._7K-6
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 final passage of this ordinance, as required by Section 3.13 of the
Charter of the City of Southlake.
•; SECTION 7.
This ordinance shall be in full force and effect from and after the day of
, 1998 and it is so ordained.
PASSED AND APPROVED ON FIRST READING TAIS DAY OF
, 19
MAYOR •
• ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING THIS DAY OF
19_ •
MAYOR
ATTEST:
CITY SECRETARY
EFFECTIVE:
APPROVED AS TO FORM:
1111
FOOD MANAGER/HANDLER ORDINANCE PAGE 5
H:ILIBRAR'v Saulhlake\ORDINANCIfood.manager.wpd(0923198)
7K-7
-24-98 FRI 12:05 PM TARRANT CNTY HEALTH DEPT FAX NO. 817 871 7283 P. 2
4111
City F FH FM TRFH TRFM P
Azle X X X B4EmpI 80 days
Bedford X X x X
Benbrook X X X B4Empl 80 days - X
Blue Mound X X • 60 days X
•
Coffeyville X X X B4Empi 60 days X
Crowley X X X 60 days
Dalworthingtort X X 60 days X
DFW X X X
Edgecliff pillage X X X B4EmpI 80 days
Everman X X B4Empr X
Forest Hill X X X B4Empl 60 days X
Haltom City X X X B4Empl 60 days
Haslet X X X B4Empl 60 days X
Hurst X X X B4Empt 60 days X
Keller X X 60 days X
Kennedale X X eo days
Lakeside X X 60 days
Lakeworth X X X B4EmpI 60 days X
Mansfield X X X B4EmpI 80 days X
S Pantepo X X X B4Empl 60 days
Pelican Bay X X X B4EmpI 8a days
Richland Hills X X X B4Empl 60 days X
River Oaks X X X B4Ernpf 80 days X
• Saginaw X X X B4EmpI 60 days X
Sansom Park X X .80 days X
Southlalce X X 60 days X
Watauga X X X B4Empl 80 days X
Westlake X X 80 days X
Westworth Village X X X B4Empl 80 days X
White Settlement X X X B4Empl 60 days X
F=Food Ordinance
FH=Fond Handler Ordinance
FM=Food Manager Ordinance
TRFH=Time Requirement for Compliance to Food Handler Ordinance
TRFM=Time Requirement for Compliance to Food Manager Ordinance
NPoo1 Ordinance
• _
•
r ,
_:7K-.8
City of Southlake,Texas
ir
MEMORANDUM
October 15, 1998
TO: Curtis E. Hawk, City Manager
FROM: Kevin Hugman, Director of Community Services
SUBJECT: Ordinance No. 723, 2nd reading, amending Chapter 2, Article V, Section 2-
216 through 2-223, of the Southlake City Code, relating to Southlake Youth
Advisory Commission, changing the name, relating to appointments of the
members, and relating to membership.
Ordinance No. 723 will amend the Southlake City Code Chapter 2,Article V to reflect the
processes and objectives of the youth involved in SYAC.
The following changes have been made:
• A more suitable name that embodies the increased scope of responsibilities. Since SYAC has
become synonymous with leadership and community service, "Advisory"has been changed
to "Action,"thus SYAC will stand for Southlake Youth Action Commission.
0 • Project appointments and assignments will change from the City Council to the City
Manager. However, SYAC will maintain its status as a"voice" for Southlake youth and act
as an advisory commission to the City Council and City Manager.
• Due to the increased interest by students of the community, membership requirements are
changed to eliminate the restrictions on the number of members from each grade level. This
will serve to open participation to more youth.
The changes will serve to strengthen the role of SYAC in the government process by including
more youth into this valuable experience.
•
City Council approved the first reading of this ordinance on October 6, 1998 with no changes.
Staff requests you place this ordinance on the October 20, 1998 City Council agenda for their
consideration. Please contact Community Services Coordinator Courtney Queen if you have
further questions.
G
q - -
Attachment: Ordinance No. 723
0
ORDINANCE NO. 723
AN ORDINANCE AMENDING CHAPTER 2,
ARTICLE V, SECTION 2 OF THE SOUTHLAKE
CITY CODE (1996), AS AMENDED BY: CHANGING
THE NAME TO SOUTHLAKE YOUTH ACTION
COMMISSION, CHANGING MEMBERSHIP
REQUIREMENTS, CHANGING METHOD OF
APPOINTING MEMBERS; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING FOR A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, the City Council recognizes the benefit of citizen participation in
government; and,
• WHEREAS, youth are the foundation of our future; and,
WHEREAS, youth issues require public awareness, input, and support to be effective.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS, THAT:
SECTION 1. SOUTHLAKE YOUTH ACTION COMMISSION
That sections 2-216 through 2-223 of Chapter 2 "Administration" of the Southlake City
Code be amended to read as follows:
YOUTH ADVISORY COMMISSION SOUTHLAKE YOUTH ACTION COMMISSION
SEC. 2-216. Creation; purpose; advisory function.
A Youth Ackaisogy Action Commission is herein created to generate broad-base public
awareness of and support for youth. The Commission, under the direction of the Mayo; City
Manager, will be advisory in nature, evaluating current issues affecting youth in Southlake and
• bringing them to the attention of the City Council and other Boards and Commissions as
necessary. The Commission will also participate in community service projects to encourage
youth to make a difference in the community through volunteerism. The Commission shall not
have responsibility or authority over public officials or employees of the City.
41, (Ord. No. 610, § I, 6-21-94)
SEC. 2-217. Projects for discussion; use by council.
The Mayor City Manager will assign, and prioritize as necessary, projects for
discussion and reporting as well as the Commission generating their own discussion projects.
The Mayor and City Council will use the Commission as a formal "voice of youth" on various
items concerning youth in the City. Projects Activities will also entail service projects
throughout the community.
(Ord. No. 610, § II, 6-21-94)
SEC. 2-218. Vehicle of youth education on matters of governance.
The Commission will serve as a vehicle to familiarize the youth of Southlake with the
governance process in municipal government. To this end, key elected or appointed staff of
the City will work to educate the Commission members on different facets of municipal
government, and will make themselves available to answer questions from the Commission on
an as needed basis. Also, the City will host a "Youth in Government Day" for Commission
members at the end of each school year.
(Ord. No. 610, § III, 6-21-94)
• SEC. 2-219. Composition; terms.
P
The Youth Ansel=} Action Commission shall consist of tie-(-3}-representatives from
each grade level at each high school and middle school in the City of Southlake. To ensure a
broad spectrum of students from the community,
the school princ al) cceill recommend to the Co,.ncil,repr€sent+atives f om their school Pep
rzsv ccs7— rre :vvvrrarre rre—ev e=eer�vvv::.s e
•reppresentativeswill_form_a_di erse groupprand selection will bee based upon ee'n
Ilnowledge_of_the_student_as well as the studP ' • • gness to serve In addition the-e T�aa`yoor
shall appoint two (2) "At Large" whe—are high school or middle school,
students aid who reside in the City of Southlake, but do not attend school in the Carroll
Independent School District will also be eligible for participation.
will be eligible to serve from one (1) to three ('21 years or the Commission depending i po n
ii-
a cal review by t eir Scheel cep. The City shall publicize all Youth Action
Commission meetings and work with representatives of the schools to ensure youth are aware
of the opportunity to participate in the Commission. Effort will be made to recruit members,
paying particular attention to balancing the numbers of members throughout all the grade
levels. This recruitment will include a wide distribution of information within the schools to
inform youth of the opportunity to participate in the community. Interested persons meeting
the qualifications for membership shall submit an application to the City Manager. -
(Ord. No. 610, § IV, 6-21-94)
S
. SEC. 2-220. Appointment of officers; Records of meetings.
A Chair shell be appointed by the City Co ncil from fhe membership far n onv year_
term. Thu Commission shall elan have o Vice ChaiPlir r earl secretary eleGte by its members far
® a-ene-year-46R4, The Youth Action Commission shall select from the members, at the last
regular session of each year, a Chairperson, Vice Chairperson, High School Representative,
and Middle School Representative for one year terms and until their successors are elected.
The Secretary City shall keep a record of all meetings of the Commission and minutes thereof
shall be kept on file in the office of the City Secretary. The Youth Action Commission shall
adopt by-laws to govern the holding of its meetings which, at a minimum shall encompass the
regular meeting schedule, the manner of holding and calling of special meetings, attendance
for meetings, the role of officers, and the filing of meeting minutes with the City Secretary.
(Ord. No. 610, § V, 6-21-94)
SEC. 2-221. Meetings; quorum; majority vote for actions.
Regular meetings will be held at least once each month of the school year. However,
special meetings may be called by the Chair or the Vice-Chair of the Commission at any other
time after notice has been given to the Commission. A simple majority of the members shall
constitute a quorum. A vote of the simple majority of the quorum shall be required for any
action taken by the Commission.
(Ord. No. 610, § VI, 6-21-94)
SEC. 2-222. Removal of members.
S
All members of the Commission are subject to removal.in accordance to the City
Council's current policy. In addition, the members of the Commission may be removed at any
time by the City council Manager with or without cause.
(Ord. No. 610, § VII, 6-21-94)
SEC. 2-223. Annual report.
An annual report shall be submitted to the City Manager and presented by the
Commission to inform the Mayor and City Council of the Commission's interaction, activities,
and progress as related to its established purpose no later then June 30 of each. year.
Additional reports shall be submitted as requested by either the Mayo; City Manager or the
Commission.
(Ord. No. 610, § VIII, 6-21-94)
SECS. 2-224--2-240. Reserved.
IIISECTION 2. CUMULATIVE CLAUSE
:•.gL - 3 -
This ordinance shall be cumulative of all provisions of ordinances of the City of
0 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. 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 phrases, clauses,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgement of 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 its ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 4. SAVINGS CLAUSE
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Chapter 2 of the Code of Ordinances of the City of Southlake,
or any other ordinances or statutes that pertain to the Southlake Youth Action Commission,
• 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 deposition by the courts.
SECTION 5. PUBLICATION
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance or its caption and penalty together with a notice setting out the time and place for a
public hearing thereon at least ten (10) days before the second reading of this ordinance, and if
this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of
any of its provisions, then the City Secretary shall additionally publish this ordinance or its
caption and penalty in the official City newspaper one time within ten days after fmal passage
of this ordinance as required by Section 3.13 of the Charter of the City of Southlake.
S
.:.
6" L - 4 -
SECTION 6. EFFECTIVE DATE
This ordinance shall become effective immediately upon its passage.
PASSED AND APPROVED on the 1st reading the_day of , 1998.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the_day of , 1998.
MAYOR
• ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
r
EFFECTIVE:
CL- s -
City of Southlake,Texas
MEMORANDUM
October 15, 1998
TO: Curtis E. Hawk, City Manager
FROM: Kevin Hugman, Director of Community Services
SUBJECT: Ordinance No. 716, 2°d Reading, Establishing a Library Board
Attached is the ordinance establishing a Library Board for the City of Southlake. In creating
this ordinance, staff reviewed library board ordinances from the following cities: Grapevine,
Keller, Denton, North Richland Hills and Fort Worth. The ordinance is also modeled after the
Southlake Park Board ordinance.
This week, staff also obtained copies of ordinances from Hurst, Euless, Mansfield, Arlington,
Coppell and Flower Mound. A matrix was developed to compare the duties and
responsibilities of library boards in the various cities with the ordinance drafted for the City of
Southlake. This summary comparison matrix is attached.
At its October 6 meeting, the City Council passed Ordinance No. 716 on first reading with no
changes. Please place this item on the October 20 City Council agenda for their consideration
on second reading. Please call me if you have any questions.
KIT
Attachment: Ordinance No. 716, Establishing a Library Board
Comparison of Library Board Duties and Responsibilities
7M - 1
•
ORDINANCE NO. 716
AN ORDINANCE ESTABLISHING A LIBRARY BOARD FOR THE CITY
OF SOUTHLAKE; ESTABLISHING THE NUMBER OF BOARD
MEMBERS AND THEIR TERMS OF OFFICES, ESTABLISHING
QUALIFICATIONS; PROVIDING FOR DUTIES AND RESPONSIBILITIES
OF THE LIBRARY BOARD; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,.the City Council for the City of Southlake; Texas, deems it advisable and
- necessary to establish a Library Board for the City of Southlake, to act as an advisory board to
the City Council relating to all nature of library facility planning and programming;
NOW,.THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
Section 1. Creation of Library Board. There is hereby established the Library
Board for the City of Southlake, Texas, hereinafter referred to as the "Board."
Section 2: Number of Board Members,-Qualifications'and Terms. The Board shall
consist of seven (7) citizens of the City of Southlake, Texas, and who shall be appointed by the
City Council for two (2) year terms, provided three (3) members shall be appointed each odd-
numbered year and four (4) members be appointed each even-numbered year. Members shall •
serve without compensation until their successors are appointed. Places on the Board shall be
numbered one (1) through seven (7).
The City Council if it deems it desirable, may appoint ex-officio members to the Board.
Such ex-officio members shall be appointed on an annual basis and the term of office of such
ex-officio members shall be one year from the date of appointment. Such ex-officio members
shall have no voting authority. Vacancies on the Board are to be filled by appointment by the -
City Council for the length of the unexpired term.
Section 3.,Board Meetings and By-Laws. The Board shall select from the members a
chairman and vice-chairman who shall serve for one-year terms and until their successors are
elected. The Board shall adopt by-laws to govern the holding of its meetings, which, at a,.
minimum, shall encompass the following:
a: Regular meetings shall be held once each month. .
b. Manner of holding and calling of special meetings.
7M - 2
Prr
c. Majority of members shall constitute a quorum.
d.• Members not planning to attend a regular meeting or special meeting shall notify the
City Secretary or the Chair of the Board by 12:00 o'clock noon of the meeting day.
e. Any member with unexcused absences from two (2) consecutive regular meetings or
not exhibiting interest in the work of the Board shall be reported to the City
Council, which may, at its discretion, remove the Board member and appoint a
replacement.
f.. Minutes of each Board meeting shall be filed with the City Secretary.
Section 4. Board Duties and Responsibilities. The duties and responsibilities of the
Library Board shall be to:
a. Act in an advisory capacity to the City.Council in all.matters pertaining to library
facility planning and programming, including development of long range capital
improvements programs.
b. Cooperate with other City boards and commissions, other governmental agencies,
civic groups, and all citizens of the city in the advancement of sound library
planning and programming.
c. Recommend policies for library services.
d. Recommend the adoption of standards for public library facilities and their financial
support.
e. Receive requests for public funding for educational purposes of any public or
private person, persons, associations or business entities, and to forward such
request with recommendation to the City Council.
f. Review the annual operating budget and capital improvement requests relating to
library programs prior to submission by the City Manager to the City Council, and
submit a recommendation on the budget.
Section 5. .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 6. 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 7. All rights and remedies of the City of Southlake are expressly saved as to
any and all violations of the provisions of Ordinance No. 716 or any other ordinances affecting
city libraries which have accrued at the time of the effective date of this ordinance; and, as to
m:\WP-FILES\Library\library-ord.doc
7M -3
"r.
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 8. 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.
Section 9. 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
, 1998.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
, 1998
MAYOR
ATTEST:
CITY SECRETARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
City Attorney .
M:\WP-FILES\Library\library-ord.doc
7M -4
Comparison of Library Boar
Duties and Responsibilities
Southlake Grapevine Keller Hurst Euless
No. of Members 7 5 to 9 7 7 6
Term Length (years) 2 2 2 2
Advise Council on facility planning X
Advise Council on facility programming X
Cooperate with Boards, agencies,civic groups,etc. X - X X
Recommend policies for Library services X X X
Recommend standards for facilities X "
Recommend standards for financial support X
Consider requests for public funding X X
Review/Recommend annual budget X
Advisory capacity to City Council (no specifics) X X X X
Administrative capacity under supervision of Council
Advise Council on establishment of library hours X
Advise Council on setting of fees and fines X
Assist in interpreting policies and functions X X
Solicit gifts, revenues, bequeths, etc for library X X
Encourage development of public libraries X
Make recommendations to Council for appt of Board
Assist in recruitment of volunteers
*-- Denotes number of Board members/alternates
library-'-
p ---------- City of Southlake, Texas
MEMORANDUM
October 16, 1998
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Ordinance No. 721, 2nd reading, changing the street names of
Rainbow Drive to Rainbow Street and Windsor Drive to Chatham
Court
Background
Paul Spain of Terra Companies has requested the street names of Rainbow Drive and
Windsor Drive, located in Cambridge Place Addition, to Rainbow Street and Chatham
Court, respectively. The plat for Cambridge Place Phase I and the proposed plat for
Phase II are inconsistent concerning the names of these two streets. Additionally,
Windsor Drive is being changed, as there is another street within the City with a similar
name. This proposed ordinance allows for these clarifications.
III Recommendation
Staff recommends Council approve Ordinance No. 721, 2nd reading, changing the street
names of Rainbow Drive to Rainbow Street and Windsor Drive to Chatham Court.
Please place this item on the October 20, 1998 Regular City Council Agenda for City
Council review and consideration.
BW/cre
Attachments: Letter from Terra Companies
Ordinance No. 721
S
7N-1
T E R R A
.YYY.tt[fVf4 %Yl.'C.:-0.'+�+-`.ii�^ ..r nl-s.fe!+?nrR.vh.c�awa'►=n4VaaeK:^c!Tif.":LNr.'w �..f 7' ;r
DEPT.OF rUBLIC WORKS
August 31, 1998
Mr. Charles Thomas, P.E.
Department of Public Works
City of Southlake
1725 East Southlake Boulevard
Southlake, TX 76092
RE: Street Name Change—Cambridge Place,Phase I
Dear Mr. Thomas,
Please accept this letter as a formal request to change two street names within the above
referenced addition. The final plat for Cambridge Place, Phase I shows Rainbow Drive
and Windsor Drive as street names. These two streets should be Rainbow Street and
• Chatham Court, respectively. The developer of Cambridge Place,Phase I currently is the
only landowner on these two street and is also the applicant of this request.
Should you require additional information, please do not hesitate to call: (817) 329-3808.
Sincerely,
1)6Z •
Paul Spain
Terra/Cambridge Ltd.
PS/em
7N-2
CC n�&
Sczb
CITY OF SOUTHLAKEObi
ORDINANCE NO. 721 � c .
AN ORDINANCE CHANGING THE NAMES OF STREETS
LOCATED IN CAMBRIDGE PLACE ADDITION WITHIN THE
CITY, PRESENTLY KNOWN AS "RAINBOW DRIVE" TO
"RAINBOW STREET" AND "WLNDSOR DRIVE" TO "CHATHAM
COURT"; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR THE REPEAL OF INCONSISTENT
ORDINANCES.
WHEREAS, a change in the name of the street located within the City of
Southlake, Texas (the "City"), presently known as "Rainbow Drive", located in
Cambridge Place Addition, to "Rainbow Street" has been requested by the developer of
Cambridge Place Addition; and
WHEREAS, a change in the name of the street located within the City presently
known as "Windsor Drive", located in Cambridge Place Addition, to "Chatham Court"
has been requested by the developer of Cambridge Place Addition; and
WHEREAS, it is the intention of the City Council to hereby officially change
the name of such streets as requested.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE:
Section 1. That all of the above premises are found to be true and correct and
are incorporated into the body of this Ordinance as if copied in their entirety.
Section 2. That the name of the portion of the street located within the City
presently known as "Rainbow Drive", located in Cambridge Place Addition, is hereby
officially changed to "Rainbow Street".
Section 3. That the name of the portion of the street located with the City
presently known as "Windsor Drive", located in Cambridge Place Addition, is hereby
officially changed to "Chatham Court".
Section 4. If any section, article, paragraph, sentence, clause, phrase or word
in this ordinance, or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance; and the City Council hereby
declares it would have passed such remaining portions of the ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
11111
•
7N-3
Section 5. All ordinances or parts of ordinances inconsistent or in conflict with
the provisions of this ordinance are hereby expressly repealed to the extent of the
inconsistency or conflict.
PASSED AND APPROVED ON FIRST READING ON THIS DAY
OF , 1998.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS
DAY OF , 1998.
•
MAYOR
ATTEST:
CITY SECRETARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
7N-4
City of Southlake,Texas
• STAFF REPORT
October 16, 1998
CASE NO:. ZA 98-110 PROJECT: Revised Preliminary Plat- SheltonWood
STAFF CONTACT: Dennis Killough, Senior Current Planner, 481-5581, ext. 787
REQUESTED ACTION: Revised Preliminary Plat of SheltonWood on property legally
described as being Tracts.1A and 1C1A situated in the Joel W.
Chivers Survey, Abstract No. 350, and Tract 2B1 situated in the
James L. Chivers Survey,Abstract No. 348,and being approximately
24.225 acres.
LOCATION: North side of East Dove Street approximately 125' east of Ridgecrest
Drive.
OWNERS: Charles and Elaine Bell; John Shelton
APPLICANT: Four Peaks Development, Inc.
CURRENT ZONING: "SF-1A" Single Family Residential District
LAND USE CATEGORY: Low Density Residential and 65 LDN Overlay Corridor
NO.NOTICES SENT: Twenty-seven(27)
RESPONSES: None
P&Z ACTION: October 8, 1998; Approved (7-0) subject to Plat Review Summary
No. 1, dated October 2, 1998, approving public streets with entry
structure with no gates,waiving Items#3a(two points of access),#3b
(maximum number of units on a cul-de-sac), #3c (R.O.W.
dedication), #4c (100' lot width), #4d (radial lot lines), and#4e (40'
building setback), and changing Item#4f(inclusion of Lot 18)to an
informational comment.
STAFF COMMENTS: The applicant has met all requirements in Plat Review Summary No.
1, dated October 2, 1998, with the exception of those listed in Plat
Review Summary No. 2, dated October 16, 1998.
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r, I L 1 1: e e 4 �. .
Ir..D3 III■ 1.3g11 I� 1 1 I, I ` 1 :i w_ AN ADDITION TO
F -V -- III " �1""� THE CITY OF SOUTHLAKE
L._ °" "" TARRANT COUNTY. TEXAS
07� 9a tea. roue•QAKEI ITV®LO•merer.iN=. . .
BEING A TRACT orE LAND
a" t"e OUT OF rim - •
JOEL M. CHIVERS SURVEY
• 1i414"•04""` ABST. NO. 350 . •
a IL t_ VI1T AND TEL .
l•
WO orm,nxr�~~n m _ JAMES I.. CHIVERS SURVEY
1. .....r.... ...."'o 7. �7�1--. ABST.-NO. 348
-w�uinn.*---" . TWENTY LOTS
93I �
..---...••I* 24.225 ACRES •
y w....w......... PO yY.Mc. gINC. 27 JUNE IDDE
Am orNt M.11.4
PREVIOUSLY APPROVED PRELIMINARY PLAT ' •
City of Southlake,Texas
-- - PLAT REVIEW SUMMARY
e No: ZA 98-110 Review No: Two Date of Review: 10/16/98
Project Name: Preliminary Plat - SheltonWood. being 24.225 acres out of the Joel W. Chivers Survey,
Abstract No. 350 and James L. Chivers Survey. Abstract No. 348
APPLICANT: SURVEYOR:
Four Peaks Development Area Surveying
P.O. Box 92909 102 W. Trammel Street
Southlake, Texas 76092 Fort Worth, Texas 76140
Phone: (817) 329 - 6996 Phone: (817) 293 - 5684
Fax: (817) 329-4794 Attn: David McMahan Fax: (817) 293 - 5685 Attn: Roger Hart
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/13/98 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 LISA SUDBURY AT(817)481-5581,EXT. 862.
A Preliminary Plat of SheltonWood was approved by the Planning& Zoning Commission on July 23, 1998
and City Council on September 15, 1998.The previously approved plat and this application are identical with
the exception of the proposed private streets and a gated entry on this submission.
. Private streets are not permitted in new subdivisions in which less than 75% of the lots contain
homeowner occupied structures. Private residential streets are permitted only when approved under
the requirements of the Subdivision Ordinance No. 483, Sections 5.04 and 5.05
2. The following changes are needed regarding right-of-way dedications and interior street geometry:
a. Provide two planned points of access (Ordinance 483-G, Section 5.01-C). NOTE: A street
stub would require crossing the creek through heavy tree cover(north&west) or creating a
stub into already developed properties (east). (P&Z Action, 10/8/98: Waive two points of
access.)
b. Generally, a maximum number of twenty (20) dwelling units should be permitted on a
cul-de-sac street permanently designed as such. Additionally, the length of the cul-de-sac
should not exceed 1,000 feet (Ordinance 483-G, Section 5.01-I). SheltonWood Lane is in
excess of 1,600 feet in length and has 17 residential lots proposed along the cul-de-sac. (P&Z
Action, 10/8/98:Allow the number of units on a cul-de-sac as shown.)
c. Show and dimension the right-of-way dedication for E.Dove Road(94'arterial)in accordance
with the current Master Thoroughfare Plan and any modifications required by public works
staff to accommodate the existing overhead transmission lines. Dimensions must either be
from center line of apparent existing right-of-way.or full width from across right-of-way if
opposite side has dedicated their half. (P&Z Action, 10/8/98: Allow staff and developer to
work out the required right-of-way for Dove Road.)
L:\COlDEV\WP-PILES\RSV\98\9B11OPP2.WPD Page 1
811-5
City of Southlake,Texas
- " d. --;'--Provide all residential streets with 31' back-to-back pavement width. Delete the graphic
representation of pavement. SheltonWood Court shows 29'.
The following changes are needed regarding lotting:
a. Confirm that any existing structures are adequately off-set per zoning district setback
regulations from the proposed lot lines. Provide a separate survey or dimensioned exhibit
showing the type and location of the structures on Lot 18.The east structure appears to be less
than 40' from the rear property line. NOTE: Two residential structures are not permitted on
a single lot without Zoning Board of Adjustment approval.It appears the applicant is creating
non-conforming uses and structures.
b. Confirm that the proposed building pad sites are adequate buildable areas.
c. Provide the minimum 100' lot width at the minimum required front building line. Lot 2
proposes a 145' building line and Lot 8 proposes a 50'building line. (P&Z Action, 10/8/98:
Allow lot widths as shown.)
d. The following lots do not appear to meet the requirement for perpendicular or radial lot lines:
The common areas and Lots 16, 15, 14, 10, 7, 6, 5, and 2. (P&ZAction, 10/8/98:Allow lot
lines as shown)
e. A 40'building setback line is required on both street frontages for a corner lot. The minimum
• required side yard in SF-lA is 20'.The applicant has requested a 20'reduction(20'B.L.)along
proposed SheltonWood Court for Lot 9. (P&Z Action, 10/8/98:Allow reduction in side yard
as shown.)
5. Provide easements for water, sewer and/or drainage as required by Public Works.
6. Show the ultimate 100-year floodplain limits and ultimate condition 100-year floodway. Designate
the area inundated by the ultimate 100-year floodway as a drainage easement.
7. A"Certificate of Taxes Paid"from each taxing authority must be provided to the City prior to filing
this plat in the County records.
8. ' - Provide filing information for 40' drainage easements shown within Oakwood Pond.
9. Provide the percentage of open space area.
•
P&Z Action: October 8, 1998;Approved(7-0) subject to Plat Review Summary No. 1, dated October 2,
1998, as noted above and approving public streets with entry structure with no gates.
* Staff recommends including Lot 18,the existing single family lot, on any proposed final plats. (P&Z
Action, 10/8/98: Change to informational comment.)
• _
L:\COMDEV\WP-PILES\RSV\98\98110PP2.WPD Page 2
a r,
City of Southlake,Texas
* - A minimum 6' sidewalk is required to be constructed along E. Dove Road in accordance with the
Sidewalk Ordinance and the Trail Master Plan(Ordinance No. 683, Section 5.06.B.2.b).
Existing residential driveways on proposed Lot 18 may be made non-conforming.
* It appears that this property lies within the 65 'LDN D/FW Regional Airport Overlay Zone which will
require construction standards that meet requirements of the Airport Compatible Land Use Zoning
Ordinance No. 479 and execution of the"Avigation Easement and Release"shown in Appendix 3 of
the Subdivision Ordinance No. 483 on the Final Plat and any subsequent Plats to be filed in the
County Plat Records.
•
* Denotes Informational Comment
att: Tree Preservation Analysis,Bufferyard Calculation Summary Chart
cc: Four Peaks Development VIA FAX John Levitt VIA FAX
Area Surveying VIA FAX
•
•
L:\COMD V\WP-PILES\RSV\98\98110PP2.WPD Page 3
34-1
ase No. 98-110 Review No. One Dated: 09- 14-98 Number of Pages:
Project Name: Shelton Wood (Preliminary Plat)
Contact: Keith Martin, Landscape Administrator Phone: (817) 481-5581. x 848 Fax: (817) 421-2175
The following comments are based o_n the review of plans received on 09 - 24 - 98 . Comments
designated with a (#) symbol may be incorporated into the formal review to be considered by either the
Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z
or City Council. It is the applicant's responsibility to contact the department representative shown above
and make modifications as required by the comment.
GENERAL COMMENTS:
* No comments.
TREE PRESERVATION COMMENTS:
•
* See Tree Preservation Analysis.
• Denotes comments that may be passed on to Planning and Zoning and Council.
* Denotes informational comments.
Attached: Bufferyard Summary
Tree Preservation IT-CiD SEP 2 81998
•
BUILDING INSPECTIONS
L:trees/dre98/98-110
PIV -
SSUMMARY CHART- BUFFERYARDS
Shelton Wood
Case: 98-110
Location/
Length of Required/ Bufferyard Canopy Accent Fence/Screening
. Base Line Provided Length Width/Type Trees Trees Shrubs Height&Material
North- Required
••}:t{•;}:•x i:.{,' +:�:\�•'{.}•:{<:•{:}}••}:C'+io:}<r;}}u•. \':�iiS:;}}x. :,S:•;;•f:;;:{;,+:;:; }:�•2}' +r::\tiS +`�C `C"•ef: "•;�";"'C• \'r'
•
L h'•:\:\ S.,vv.:...A 'h'+J.>.i�\\�+. fi:. , \nv.}Cw::.n is}i'^ .. }i.\+:\t- \.n .Y,P.. +i•. •;y{
.v::.........;' i..,.,. ,,.i�'::::, + •{{:,:.,..' �.�4:•}}}}}`:.}}:n v�'^ \v v........... ..}}:\ ....Y.....:•i1\. ..... }+}:•:vv�4tith:�'\..1 ....i:•:�-i'
•:}:!:`v}i:>:{i}i}.'::.'.:Fi}}}:....1...:::•:. n.....R\•.�.v.}i:}}SS}}:::'v...:•Y::.::w::... �'O, Un.n v:•:::.,..m�rf•l:',:�•+,• 3:.
East - Required • .
............. .,:-:: v:.v:+:•k,..{?{^":?': "+'i.4`}:{•}\r:•}:"4}:•."•ri•Y'i i•}iv'?'• \+;r{;:?P}}•.}•.}}:{:^}'•.':':v'.i:'.};.:'{:.• .}vk'•i:{::.}.{...,:5:•vi}iY•8:{,•> \'{4'u.:•. r;{++}
'{'\u:}ia;2}i is>:\:. ..{.. :.\} +r, } .[..} v\:: \ .vk.,?tY;..}:. .:>,.;:{:} v.M1a.;,. �{: n^x*';+. •;\:
::t;�}:E.;i f.';kr:•'.}.}•}+:•, ..\ ,,�};�j� ,.ti:{{:. ,a v: :�}••.`•:•:;r.;:,. �`:'•}:.}}:.:Igi•{ ; :{•;{{{:ii• .:••. ,?�t:2\ ]f,Y.:•`i:;:>Y'. '\.,�r' '':\+� -
.,•w o:•r.{.:}: •. .,k,\\Y.}':*i;>.,..,:};•:•}.x\. .:•i :x::;},w;y';}::•.x:.\•:::::*i::.:•} •**i: ., ..:r..�o:+`'*\..,} _ x'• .f�o-} :: >{
..�.. ••:��- �:j��r.4$$�:tu: �:•}:�}:?L. ac�.�...;f..,. ..t\.,}..�.......... :}Y n..::,:,:,�c.:.• .,,.. \a_v. ..�F:Y-{.:o ./�.:;
:fi::.,,:.{,:{:•'.:+.'•...,•>: , \•+. M .<•w„ ...;n...:..v'o.::{Co:} }.,., x.;r..?#..;.,•::.•-:.•:}^..F••:......:.:Co`$:»}:{,,.., :;-k„•:..SY::: ...a,,. lx..
South - Required 532' 10' - B 11 16 23
..}�v. ..v;.•:}:•v �v: Y.\:?w::::.: .� •:.<:::::}rv.nvi::ti�'}•': :`:•` .v.'•\•:.vG;}{$', {\.,v.,.{.;. 4,..,. {;'+):}^�;':;:
vv:/.
} f.
?3:•}:::;:•. •:nw:rvvv h@vv::ti:v.v:::::.:v:.•.•:.•.•�•.•'.v:rv:.,v:::nv.•.vv::.::R......�'....:...n....ii\��n,:k.,k,::v.:::: :::::::.:•.: .. .v...... ..::.v}'v..:\t.}}.vi.�.xv:}:.vvxv:::::}n\v.:v •}:•i'v.v...,..�..
West- Required •
:;:titiii{i�:ii{:}v<S:i�i.`•:<i:t::•:::{�:}�:': ..k.....::.:.......... .{\\"?:Ji:}�.....rr - ''t:'vi'•:•'r':�:•ii:•'ti{i{:•.....v.. ;.I.� ,{.
•}'.{•: , :.:.:. ••:::::::::::::...\. .....vvv.:::v..;,r.r.::r::::}},.::}:::.v.w:+w.v:•:f.;x.•.:•.:vv,.;•.,v.};�{:
.i..x:::::v:v:•::::::::::.,:• ..\•:IS IN
nf.v ..}..}.... •r}v+:v;.;}...,v.v::•:?;{;•.•::.
v.v::•: .: ;.}v,Sr:_:{;;,:;:,i•:}ti}:{;ti/:.:::•::vw:::ti}:v'•::•}}:;\,,...r.:^::4i:•:v:v.:v:::n..;..ti:q}::{:.:v':w.;..
v ::::•:•:::.:.....:............v.......... v. :k:•:;4.....v:.v:::w:.:v:w:•.. .r. ••.v .. .�,:r:.,..........;..;..:•..: _ v.�.
................ nY�,r[yY .....fv.r.:vv.�tii, � ..:.:.v.v:}n ..
.......:.:..:.. .......v..... v. ..i:A, '�•.•..:...v......n............ v.v....::v:.•r:::.::.v.:.:n::... v}:i Ji•}::?•}!}p}}}:v}}:^:•:{•:•}}}}:•}}}}:tx.r.. n:•}.vxr}�4ii:{.};:.4':v'4>.�:iii�:•}i}:•i:{;:tv'{M1:
.............................:.:�: }::::vv::rnw:::::::::::•::.•..... ...............nv{:n{vv+.trv;v}O.}.p.+.^::::::•:::::::v:.::•:n,•:....:r:/.•:::::::::::::•::v:v::::v:........i'ri4'li:...v.n......:.:.•�viii:>.x•.........::v'•. ::
*Note any credits used in calculations:
a.
Other Comments: .
1.
S •
III IEC'D S E P 2 81998
. BUILDING INSPECTIONS
L:trees/dre98/98-110 s
. 8ii-q
V .
II TREE PRESERVATION ANALYSIS
(RESIDENTIAL SUBDIVISION DEVELOPMENT)
Case No: ZA 98-110 Date of Review: 09 -24 - 98 Number of Pages: 1
Project Name: Shelton Wood. 570 East Dove Road (Aerial Photograph)
APPLICANT: ENGINEERS/PLANNERS:
Four Peaks Development, Inc. J. E. Levitt Engineers,Inc.
. P.O. Box 92908 726 Commerce Street, Suite 104
Southlake, TX 76092 Southlake,TX 76092
Phone: (817) 329-6995 Phone: (817)488-3313
Fax: Fax:
THIS ANALYSIS IS PREPARED AT THE TIME OF REVIEW OF THE ABOVE REFERENCED PROJECT AND IS TO
PROVIDE AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT OF CONSTRUCTION ON ANY
PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEITH MARTIN,
LANDSCAPE ADMINISTRATOR AT(817)481-5581 EXT. 848.
GENERAL COMMENTS:
S The creek that runs from Lot 1 to Lot 8 is about ten feet(10') deep in places and is lined with
trees. Roots from the trees run across and along the bottom of the creek. Even though the rerouting
of the creek is occurring through a field, existing trees along the creek will have to be removed to
construct the rerouted portion of the creek. The creek must be shown as a drainage easement on
the approved Final Plat and designated as cut/fill On the Master Drainage Construction Plan
approved by the Landscape Administrator before it may be exempt from the tree protection and
replacement specified in the Tree Preservation Ordinance 585-A.
2. All area within the public R.O.W,utility easements or drainage easements as shown on an
approved Final Plat and areas designated as cut/fill on the master drainage construction plan
approved by the Landscape Administrator shall be exempt from the tree protection and
replacement requirements specified in the Tree Preservation Ordinance 585-A. All other areas .
shall be subject to the requirements specified in the ordinance.
- REIT SEP281998
. _
BUILDING INSPECTIONS
L:trees/d rc98/98-110
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r:�''L•1� s s3 I r - THE CITY OF SOUTHLAKE
�1�y,9L9 ' •-'-- •
i D•••== TARRANT COUNTY, TEXAS
7i•YC.9�+-4_'?l"I pOlg1 PMAK 3 011IVILOPTAIO'I�r.NO. '
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r'„""',-�'� OUF OF THE
�.r--_ JOEL AABSi NO. 340 SURVEYVERS PapaCT 131998
- NwN.a a.V G AND
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WO w a ®s •1 m Iur JANES L CBIVERERS SURVEY .
• -......•:::•17- 1.I� ASST. NO. 348- - .
I ••nor-�----U ---- TWENTY LOTS
1 =.-..==woo.................-- r..•.. 24.225 ACRES
�n 1"•••.W10'MC. 09 OCTOBER 190E
Wm..•Innn•wan Onion go Mown.. In 1.Zinn.ei,
WI WW1.tow tow
CKL.O 1M1.110
City of Southlake,Texas
MEMORANDUM
October 16, 1998
TO: Curtis E. Hawk, City Manager
FROM: Lou Ann Heath, Director of Finance
SUBJECT: Resolution 98-70, Amending the Fee Schedule
The Fee Schedule establishes the amounts charged for a variety of services and products
provided by the City. Each year staff reviews the Fee Schedule to determine if the amounts
are appropriate for the service provided, or if new services have been introduced that need to
be included in the Schedule. Each Director has reviewed and made recommendations for fee
changes within their scope of responsibility. The NCTCOG Annual Fee Survey of area cities
(April 1998) is used as a guide to determine the reasonableness of fees. The Fee Schedule is
intended to recover the actual cost associated with providing services or products.
The Fee Schedule is grouped in Sections according to type of activity. This amendment
creates two additional Sections that were previously included within Section III - Public Works
Activities: 1) Section IV - Water and Wastewater Utilities Activities and; 2) Section V -
Building Inspection Activities. Section VI is re-named Community Services Activities from its
previous label, Park Activities. There are also specific line item fees that have been relocated
to different Sections to correspond with the related type of Activity. These specific line item
relocations have been noted throughout the Schedule. The following discusses the changes in
each Section.
Section I. Administrative Activities. (Page 1)
Copy Charges - The cost to reproduce public records will be according to the General Services
Commission Charge Schedule. This includes a variety of charges for paper, video, and audio
reproduction, computer usage costs and other types of reproduction costs.
Ambulance Fees - A uniform $300 per local transport is proposed, an increase from $150 for
transport to Baylor. In the past 6 months, 77% (of 220) of the ambulance runs were to
Baylor-Grapevine. Based on a comparison of neighboring cities, $300 is on the low side of
average. Our current collection rate on transports is approximately 40%.
I .P ..
S
Curtis E. Hawk
Resolution 98-70, Amending the Fee Schedule
October 16, 1998
page 2
Section II. Community Development Activities. (Pages 2 through 4)
Changes to the Zoning and Concept Plan fees, Final Plat (P.U.D.), and Color Mapping fees
are proposed. A clarification to the Park Land Dedication Fee is proposed to include the per
lot fee for residential and the per acre fee for non-residential properties.
Section IV. Water and Wastewater Utilities Activities. (Pages 4 through 6)
This is a new section that was previously included within the Public Works Activities Section.
The Water Meter Fee is revised to more closely approximate actual costs for the meters and
transponders. The Fire Hydrant Meter Deposit is also modified to actual cost. A new item is
included for damaged meter and transponder replacement, at actual cost. Many times a meter
will be damaged and need to be replaced while a home is under construction. The
recommended costs are for the usual components that must be replaced.
Section V. Building Inspection Activities. (Pages 6 and 7)
S ..
This is also a new section that was previously included within the Public Works Activities
Section. Clarification to the temporary type sign permit as an annual, calendar year $25.00
fee are proposed. A Sign Recovery Fee of$25.00 and $50.00 is proposed.
Section VI. Community Services Activities. (Pages 7 through 9)
This Section was previously titled Park Activities. The Park Board approved the changes to
the Fee Schedule at their meeting October 19. The Senior Activity Center has been added to
the Section.
Please place Resolution 98-70, to amend the Fee Schedule, on the October 20 City Council
agenda for consideration.
LAH
S
Pry
RESOLUTION NO. 98-70
• A RESOLUTION OF THE CITY OF SOUTHLAKE,
TEXAS, AMENDING RESOLUTION NO. 97-59;
PROVIDING THAT THIS RESOLUTION SHALL BE
CUMULATIVE OF ALL PROVISIONS OF RESOLUTION
NO. 94-46, NO. 94-61, NO. 95-05, NO. 95-34, NO. 95-50,
NO. 96-57, NO. 97-50, NO. 97-59; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Southlake heretofore adopted Ordinance
No. 592 providing for the adoption of fees and revisions thereto from time to time by
resolution; and
WHEREAS, the City Council with Resolution No. 97-59 set a schedule of fees for
certain services; and,
WHEREAS, the City Council has reviewed the Fee Schedule and has determined that
certain fees should be amended in the fee schedule.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
Section 1. That Schedule of Fees be amended per the attached City of Southlake Fee
Schedule.
Section 2. That this resolution shall be cumulative of all provisions of Resolution No. 97-
59 of the City of Southlake, Texas, except where the provisions of this resolution are in direct
conflict with provisions of such resolution, in which event the conflicting provisions of such
resolution are hereby repealed.
Section 3. That the fees established herein shall be effective upon passage of this
Resolution and shall take precedence over any fees previously adopted which are in conflict
herewith.
PASSED AND APPROVED this the day of , 1998.
CITY OF SOUTHLAKE, TEXAS
ATTEST:
Mayor Rick Stacy
• Sandra L. LeGrand
City Secretary
L•\FINANCEOUDGEII9S-99UIFS9H70.DGC
1 1
CITY OF SOUTHLAKE FEE SCHEDULE
ACTIVITY • FEE
• SECTION I. Administrative Activities
1. NSF Check Return Charge (amended Res.#97-59) $20.00
Credit Card Return Charge $20.00
2. Copy Charges $.10/page
Cost of Copies of Public Information according to the approved
General Services Commission
Charge Schedule (Attachment "A")
3. Water Service Customer Listing $1.00/computer page
4-3. Water Customer Mailing Labels (Amended Res.#97-59) $45.00
5-7 4. Offense/Accident Report : (Amended Res.#95-50)
Basic $ 4.00
Certified $ 6.00
Written Certification that no report exists $ 4.00
6- S. Burning Permits $0.00
• 7- 6. Ambulance Fees:
Local Transport 300.00
Transport Baylor, Grapevine (with oxygen) $160.00
Transport Other Hospitals (w/o oxygen) $300.00
Transport Other Hospitals (with oxygen) $310.00
&: 7. House Moving Permit $10.00 + $1,000 Surety Bond +
1.5 x hourly rate of 2 police officers
utilized in the move
9. 8. Solicitation/Vendor Permit $35.00 (Co. license)
+$10.00/Agent + $1,000 Surety
Bond
40, 9. Seasonal Permits $25.00
44- 10. Vital Statistics:
Certificate of Death $9.00 / 1st copy 3.00 each add'l
copy at time of initial request
Certificate of Birth (Amended Res.#95-34) $13.00 / copy
L:\FINANCE\BUDGET\98-99\FEE10982.DOC PAGE 1-FEE SCHEDULE
CITY OF SOUTHLAKE FEE SCHEDULE
ACTIVITY • FEE
•
42-. 11. Wrecker Permit Fee: (Amended Ra.I94-61)
Permit fee per•wrecker vehicle $24.00 per year
(waived for contract agency)
Permit Fee per authorized driver $12.00 per year
(waived for contract agency)
4-3: 12. Credit Card Use Fees (added Res.M97-59)
(Municipal Court Fines and Fees Only):
up to and including $200 $2.00
$201 to $300 $4.00
$301 to $400 $6.00
$401 to $500 $8.00
$501 to $600 $10.00
$601 to $700 $12.00
$701 to $800 $14.00
$801 to $900 $16.00
$901 to $1,000 $18.00
$1,001 and up $20.00
• SECTION II. Community Development Activities
1. Board of Adjustment requests $200.00/request
2. Amendment to Zoning Ordinance $200.00/request
3. Zoning Only $200.00 + $10/Acre
4. Concept Plan Only $200.00 + $10/Acre
5. Zoning and Concept Plan $300.00 + $40 $20/Acre
6. Zoning and Site Plan $300.00 + $4-0 $20/Acre
7. Zoning/Concept & Site Plan $500.00 + $10/Acre
8: 7. Specific Use Permit $200.00 + $10/Acre
9: 8. Site Plans $300.00 + $10/Acre
• -0..9. Amended Plat s 4 lots $200.00 + $20/Lot/Res
$200.00 + $20/Ac-Comm
•
L:\FINANCETUDGET\98-99\FEE10982.DOC PAGE 2-FEE SCHEDULE
CITY OF SOUTHLAKE FEE SCHEDITI.F,
ACTIVITY FEE
4-6•
10. Amended Plat > 4 lots $300.00 + $20/Lot-Res
$300.00 + $20/Ac-Comm
4-2711. Plat Showing (1 lot) $200.00 + $20/Lot-Res
$200.00 + $20/Ac-Comm
12. Plat Showing (multiple lots) $300.00 + $20/Lot-Res
$300.00 + $20/Ac/Comm
44: 13. Preliminary Plat (Non-P.U.D.) $300.00 + $20/Lot-Res
$300.00 + $20/Ac-Comm
4-5-14. Preliminary Plat (P.U.D.) $300.00 + $30/Lot-Res
$300.00 + $30/Ac-Comm
-16715. Final Plat (Non-P.U.D.) $300.00 + $20/Lot-Res
$300.00 + $20/Ac-Comm
16. Final Plat (P.U.D.) $300.00 $500.00 + $30/Lot-Res
$300700 $500.00 + $30/Ac-Comm
• 4-87 17. Plat Revision $300.00.+ $20/Lot-Res
$300.00 + $20/Ac-Comm
19. 18. Plat Vacation $200.00 Flat Fee
20719. Rush Plat Filing $300.00 Flat Fee
2 20. Two-County Filing $50.00 $60.00 Flat Fee
22,21. Extra Plat Page Filing $20.00 Flat Fee
23-22. Color Mapping (1:1000) Blueprint $20.00 per map
Color $30 00 po
24-23. Color Mapping (1:2000) cue $5.00 $10.00 per map
Color $ n 00 pe
24. Aerial Photo Print -. $15.00 per photo print
25. Mapping 11"x 17" plat reduction copies $2.00 per map
• 26. Mapping (di ital tape format)(Added Res.1/95-34) $140.00 per tape
L:'FINANCE\BUDGET\98-99\FEE10982.DOC PAGE 3-FEE SCHEDULE
11
CITY OF SOUTHLAKE FEE SCHEDULE
ACTIVITY FEE
•
27. Street Name Change $100.00 per street
28. Temporary Batch Plant Permit $.00 per Permit
moved to Building Inspection Activities Section
29. Tree Removal Permit $.00 per Permit
moved to Building Inspection Activities Section
- 28. Park Land Dedication-Raw acreage cost $40,000.00 per acre
(amended Res. #97-50)
Fee Calculation in lieu of Park Land Dedication -
Residential- 1 acre/40 dwelling units (40 lots) $1,000.00 per lot
Non-Residential- 1 acre/50 gross acres $800.00 per gross acre
34- 29. Zoning Athninistfatef Verification Letter
First letter within two months of zoning approval $0.00
• All subsequent letters $25.00 each
32.30. Zoning Administrator Opinion/Interpretation $100.00
Letter
SECTION III. Public Works Activities
1. Administrative Processing Fee 2% Actual Construction Cost
2. Computer Drainage Study:
HEC I: $400.00 + $10/Linear Foot _
HEC II: $400.00 + $10/Linear Foot
3. Construction Inspection 3% Actual Construction Cost
4. Street Cut Permit $15.00 per Street
5. Easement Abandonments $150.00 Flat Fee
• 6. R.O.W. Abandonments $150.00 Flat Fee
L:\FINANCE\BUDGET\98-99\FEE10982.DOC PAGE 4-FEE SCHEDULE
CITY OF SOUTHLAKE FEE SCHEDULE
ACTIVITY FEE
7. Easement/R.O.W. Dedications $100.00 per Easement
4-97 8. Street Light Costs Developer pays installation + 2-
year operation cost
moved from Water and Wastewater Utilities Activities Section
SECTION IV. Water and Wastewater Utilities Activities
81. Water Tap Meter Fee (Including Transponder)
1" Meter $36000 $460.00
2" Meter (Turbo)-Sprinkler/Irrigation Only $600.00 $850.00
2"Meter (Compound)-Residential/Commercial) $2,000.00
4" Meter $ 980700-$2,500.00
6" Meter $277-7-7,00$3,700.00
8" Meter $47054 00 $4,500.00
9 2. Sewer Tap Inspection Fee $75.00
• 48 3. Sewer Participation Fee (Added Res.#95-34) $1,300/lot
44 4. Water Administrative Service Charge $15.00
4-2 5. Water Deposits:
Residential Accounts $50.00
Commercial Accounts Reviewed Established by Utility Billing Supervisor
413 6. Fire Plug Hydrant Meter Deposit (City Meter) $650 00 $900.00
Hydro Storz Quick Connect System Blind Cap 75.00
total $975.00
Fire Plug Hydrant Meter Deposit
(Own Privately Supplied Meter) $100.00 $200.00
Hydro Storz Quick Connect System Blind Cap 75.00
total $275.00
_ _ _
L:\FINANCE\BUDGET\98-99\FEE10982.DOC PAGE 5-FEE SCHEDULE
CITY OF SOUTHLAKE FEE SCHEDULE
ACTIVITY • FEE
S
44: 7. Water Reconnect Fees for Non-Payment,
Business Days Only:
8 a.m.-5 p.m.: lst/2nd/3rd & subsequent $20/$40/$60
After 5 p.m.: lst/2nd/3rd & subsequent $40/$60/$80
Weekends, anytime $40/$60/$80
45- 8. Water Meter Re-installation Fee $50.00
9. Water Meter Reread Fee $5.00
4-7 10. Service Charge - Damaged or Broken Lock,
Meter and/or Transponder $25.00
11. Damaged meter and transponder replacement:
1"Meter $86.00
I" Transponder $150.00
Meter Box $32.50
• 4-8, 12. Late Utility Payment Fee 5% of Outstanding Balance
19. Street Light Costs Developer pays installation + 2
moved to Public Works Activities Section
27 13. Additional or Replacement Recycling Bins $6.00
Additional or Replacement Recycling Lids $4.00
(added Res.#97-59)
moved from Building Inspection Activities Section
SECTION V. Building Inspection Activities
20- 1. Building Permit Fees Per the currently adopted U.B.C.
(Administrative Code)
24,2. Water Well Permit $42.00
22- 3. Tent Permit $15.00
S
L:\FINANCE\sUDGET98-99\FEE10982.Doc - PAGE 6-FEE SCHEDULE
CITY OF SOUTHLAKE FEE SCHEDULE
0 ACTNITY FEE
23, 4. Sign Permit, Permanent Type (1 - 50 sq ft) $50.00 minimum
Sign Permit, Permanent Type (> 50 sq ft) $1.00 / sq ft
Sign Permit, Temporary Type $25.00 Annually, per calendar year
Illuminated Sign, Electrical Permit $35.00 (in addition to above)
5. Sign Recovery Fee (1-50 sq ft) $25.00
(>50 sq ft) $50.00
247 6. Request for Variance to Sign Ordinance $100.00/request
25, 7. Culvert and/or Approach Permit $42.00
267 8. Building Contractor's Registration Fee $75.00
29,9. Tree Removal Permit $.00 per Permit
moved from Community Development Activities Section
0 27. . Additional or Replacement Recycling Bins $6.00
Additional or Replacement Recycling Lids $4.00
(added Res 97 59)moved to Water and Wastewater Utilities Activities Section
2$-10. Temporary Batch Plant Permit $.00 per Permit
moved from Community Development Activities Section
11. Smoking Area - Re-Inspection Fee $100.00
SECTION W VI. Pam Community Services Activities (Amended Res.1195-34,Res.1197-59)
1. Building Reservations for Residents -
Bicentennial Park and Senior Center(amended Res.#97-59):
Regular Meeting Fee per year
1 meeting $10.00
Quarterly to Monthly Scheduled Meetings $25.00
More than Monthly Meetings Scheduled $75.00
Security and Clean-up Deposit $100.00 (refundable)
Week day meeting $10.00/hr
S
L:\FINANCE\BUDGET\98-99\FEE10982.DOC PAGE 7-FEE SCHEDULE
01PiD
CITY OF SOUTHLAKE FEE SCHEDULE
ACTIVITY FEE
0 ,
2. BuildingReservations for Special Activities amended Res.#97-59):
Pe c
Security and Clean-up Deposit $50.00 (refundable)
Bicentennial Park - The Lodge (with Kitchen) $15.00/hr
Bicentennial Park - Community Center/room $15.00/rm/hr
Community Center/entire building $35.00/hr
Senior Center Large meeting room $15.00/hr
Senior Center Large meeting room & Kitchen $35.00/hr
Senior Center Kitchen use fee $25.00/hr
3. Organized Athletic Programs $1,000,000 General Liability
Insurance Policy
Meeting Fees $100 per year
4. TV/VCR Rental Fee No charge with reservation
5. Equipment Rental: (Driver's license held)
Tennis Racket & Balls (Courts on Hill) No charge
Volleyballs No charge
SBasketballs No charge
6. Reservations of Park Facilities (Bicentennial Park) (amended Res.#97-59):
Security and Clean-up Deposit
(group of 100 or more require) $50.00 (refundable)
Hilltop Picnic Area $5.00/4 hrs
Pine Tree Picnic Area $5.00/4 hrs
Bicentennial Pavilion $8.00/4 hrs
Adventure Alley Pavilions $8.00/4 hrs/pavilion
S
. .
L:WINANCE\BUDGET\98-99\FEE1o982.Doc PAGE 8-FEE SCHEDULE
CITY OF SOUTKLAKE FEE SCHEDULE
ACTIVITY FEE
7. Reservations for Fields and Courts:
Ballfields (No Lights) $7.50/1.5 hr/field
Ballfields (With Lights) $15.00/1.5 hr/field
Soccer Fields $2.50/1.5 hr/field
CIS Multi-use Court (Hockey/Basketball) $40.001 $7.50/1.5 hr
CIS Multi-use Court (With Lights) $4-5499/bp$15.00/1.5 hr
Sand Volleyball Courts $5.00/hr/court
Tennis Courts (Courts on Hill-Bicentennial Park) $5.00/1.5 hr/court
In-Line Hockey Court
(Bicentennial Park-No Lights) $10.00/hr
In-Line Hockey Court
(Bicentennial Park-With Lights) $20.00/hr
Basketball courts $5.00/hr
Field Preparation Fees:
Weekday Games $25.00/field
Weekend Games $37.50/field
•
•
L:\FINANCE\BUDGET198-99\FEE10982.DOC PAGE 9-FEE SCHEDULE
ATTACHMENT "A"
PIPI Title 1. ADMINISTRATION http:// W 'a"us/ 1N/111/G111.70.htm1
Oirt V. GENERAL SERVICES COMMISSION
Chapter 111. EXECUTIVE ADMINISTRATION DIVISION
Subchapter C. COST OF COPIES OF PUBLIC INFORMATION
§ 111.70 The General Services Commission Charge Schedule
The following is a summary of the charges for copies of public information that have been adopted by
the Commission. Service Rendered--Charge:
(1) Standard paper copy--$.10 per page.
(2)Nonstandard-size copy:
(A)Diskette--$1.00 each;
(B) Magnetic tape:
(i) 4 mm.--$13.50 each;
(ii) 8 mm.--$12 each;
ei)
9-track--$11 each;
(C) Data Cartridge:
(i) 2000 Series--$17.50 each;
(ii) 3000 Series--$20 each;
(iii) 6000 Series--$25 each;
(iv) 9000 Series--$35 each; `
(v) 600A--$20 each;
(D) Tape Cartridge: -
(i) 250 MB--$38 each;
(ii) 525 MB--$45 each;
(E) VHS video cassette--$2.50 each;
(F) Audio cassette--$1.00 each;
(G) Oversized Paper copy--$.50 each;
0) Mylar(36-inch, 42-inch, and 48-inch):
(i) 3 mil.--$.85/linear foot; -
PAGE 10-FEE SCHEDULE
. of 2 f] �l"�jq (3 10/13/98 11:09:34
41'�l
ATTACHMENT "A" httpJ/www.sos.state.tx.us/tac/1N/111/Gl11.70.hm-
rr
(ii) 4 mil.--$1.10/linear foot;
• (iii) 5 mil.--$1.35/linear foot;
(I) Blueline/blueprint paper(all widths)--$.20/linear foot;
(J) Other--Actual cost.
(3) Personnel charge:
(A) Programming personnel--$26 per hour;
(B) Other personnel--$15 per hour.
(4) Overhead charge--20% of personnel charge.
(5) Microfiche or microfilm charge:
(A) Paper copy--$.10 per page;
(B) Fiche or film copy--Actual cost.
(6) Remote document retrieval charge--Actual cost.
(7) Computer resource charge:
(A) Mainframe--$10 per minute;
• (B) Midsize--$1.50 per minute; •
(C) Client/Server--$2.20 per hour;
(D) PC or LAN--$1.00 per hour.
(8) Miscellaneous supplies--Actual cost.
(9) Postage and shipping charge--Actual cost.
(10) Photographs--Actual cost.
(11) Other costs--Actual cost.
(12) Outsourced/Contracted Services--Actual cost.
(13) No Sales Tax--No Sales Tax shall be applied to copies of public information.
Source: The provisions of this § 111.70 adopted to be effective September 18, 1996, 21 TexReg 8587.
Cross Reference: This Section cited in 1 TAC § 111.63, (relating to Charges for Providing Copies of
Public Information); 1 TAC § 161.1,(relating to Charges for Copies of-Public Records); 1 TAC §-- - -
181.11, (relating to Charges for Public Records).
ii _
Return to Section Index
PAGE 11-FEE SCHEDULE
2 of 0 0 -A 10/13/98 11:09:3-
City of Southlake, Texas
MEMORANDUM
110 October 16, 1998
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Approval of a paint concept for the Miron elevated storage tank
Background
Staff has conducted several public meetings to present different paint concepts for the
proposed Miron elevated storage tank. Prior to taking action, it was suggested by City
Council that residents have the opportunity to provide input and discuss the different
options.
Two SPIN meetings have been conducted for public input from residents near the tank
site. Residents of SPIN No. 8 requested additional ideas after the first presentation and
during the second meeting appeared to be divided as to the final selection of a concept.
• Residents of Oak Tree Estates requested to have a separate meeting to review the design
concepts but never contacted staff to do so. Letters were sent to those who attended the
SPIN meeting informing them of this item on the September 1, 1998 Council agenda.
The proposed structural enhancements did not appear to be a popular alternative.
Based upon the input received to date, staff was under the impression that a solid, light
blue color for the tank portion of the tower appeared to be the consensus.
The cost for either the solid blue color or the traditional scheme with green stripes and
"Southlake" is $185,000, of which 85,000 is for the interior of the tank. If blue is
used, the contractor would be purchasing paint that could not be utilized for anything
other than this proposed tank. If a solid white color is selected, the cost of painting
may be lower.
The estimated cost of architectural enhancements is $278,700. This amount would be
additional to the $100,000 paint cost for a total of$378,700.
An additional meeting with adjacent neighborhoods was.held on October 12, 1998.
The result was to have the architect present a concept to the group on October 19,
1998. Staff will present information from this meeting during the Council meeting,
along with the paint concept options.
10A-1
Funding/Fiscal Impact
The low bid approved by Council for the Miron elevated water tower is $1,485,000 of
which $185,000 is for the painting. If Council approves a single color format, there
will be no impact on the approved bid amount.
Recommendation
Please place this item on the October 20, 1998 Regular City Council Agenda for City
Council review and consideration.
BW/cre
S
S
10A-2
MIRON WATER TOWER SURVEY
•
Design Preference (please check all that apply)
❑ I prefer architectural enhancements to the bowl of the water tower
through steel ornamentation.
U I prefer a bowl without steel ornamentation but decorated as follows
(for example, city name or logo):
till The decoration should be visible only from Southlake Blvd.,
not from any residence.
❑ It doesn't matter whether or not the decoration is visible from
residences.
U I prefer a plain bowl without steel ornamentation or painted
decoration of any kind.
S
Color Preference
U I prefer a neutral color for the bowl that approximates the color of the
base (sand, tan, light brown) providing as little contrast between the
base and bowl as possible.
❑ I prefer another color (please specify):
Comments About Design or Color
1\J a ra 1 color- -1-o b/e, �'r) wooded a vi°a .
a_n orn c,S
Address: / /s Forest hi//r 1)r.
•
r ..
• MIRON WATER TOWER SURVEY
Design Preference (please check all that apply)
VI, I prefer architectural enhancements to the bowl of the water tower
through steel ornamentation.
U I prefer a bowl without steel ornamentation but decorated as follows
(for example, city name or logo):
U The decoration should be visible only from Southlake Blvd.,
not from any residence.
U It doesn't matter whether or not the decoration is visible from
residences.
U I prefer a plain bowl without steel ornamentation or painted
decoration of any kind.
S
Color Preference
❑ I prefer a neutral color for the bowl that approximates the color of the
base (sand, tan, light brown) providing as little contrast between the
base and bowl as possible.
I prefer another color (please specify): E-E. &to cu
Comments About Design or Color
2- apS cA-- dESl(,A) —f-o qn (Ai ci-C, lciA,t)r
sowno_ r-\cad 4o r-f-- ,nnf)p i\FccS d do-tons
-Fo im. p,-rack A- ('-+
Address: i 3641 in AIDS . fro aut.R_±—
•
•
• MIRON WATER TOWER SURVEY
Design Preference (please check all that apply)
GO I prefer architectural enhancements to the bowl of the water tower
through steel ornamentation.
U I prefer a bowl without steel ornamentation but decorated as follows
(for example, city name or logo):
U The decoration should be visible only from Southlake Blvd.,
not from any residence.
U It doesn't matter whether or not the decoration is visible from
residences.
❑ I prefer a plain bowl without steel ornamentation or painted
decoration of any kind.
• •
Color Preference
❑ I prefer a neutral color for the bowl that approximates the color of the
base (sand, tan, light brown) providing as little contrast between the
base and bowl as possible.
I prefer another color (please specify): 5IL=Z--- 6:67Z p ex)
Comments About Design or Color .
,)
Address: /J�_A / L S /I/
•
• MIRON WATER TOWER SURVEY
Design Preference (please check all that apply)
I prefer architectural enhancements to the bowl of the water tower
through steel ornamentation.
❑ I prefer a bowl without steel ornamentation but decorated as follows
(for example, city name or logo):
U The decoration should be visible only from Southlake Blvd.,
not from any residence.
U It doesn't matter whether or not the decoration is visible from
residences.
❑ I prefer a plain bowl without steel ornamentation or painted
decoration of any kind.
•
Color Preference
❑ I prefer a neutral color for the bowl that approximates the color of the
base (sand, tan, light brown) providing as little contrast between the
base and bowl as possible.
I prefer another color (please specify): �6101 diAtc / J//iftj /8t
Comments About Design or Color
i2)m d .1cv i�n� . firacle'
1.5(!et-ZI 01.60./y2(' • •6---;-24/(1.-(2im4-e--2-c-A"
,L moo[ % a�Ce ors
Address: ce__
/ 64Le,
• MIRON WATER TOWER SURVEY
Design Preference (please check all that apply)
El I prefer architectural enhancements to the bowl of the water tower
through steel ornamentation.
U I prefer a bowl without steel ornamentation but decorated as follows
(for example, city name or logo):
U The decoration should be visible only from Southlake Blvd.,
not from any residence.
U It doesn't matter whether or not the decoration is visible from
residences.
U I prefer a plain bowl without steel ornamentation or painted
decoration of any kind.
Color Preference
d I prefer a neutral color for the bowl that approximates the color of the
base (sand, tan, light brown) providing as little contrast between the
base and bowl as possible.
❑ I prefer another color (please specify):
Comments About Design or Color
Woudd like more 4trn . 4o con5ider- -�-he idea. of 54:3 4.h'ng
o rg►,.44Nouse ►dea,
Address: 12 10 IC%ns b+-aok b rive
•
• MIRON WATER TOWER SURVEY
Design Preference (please check all that apply)
U I prefer architectural enhancements to the bowl of the water tower
through steel ornamentation.
❑ I prefer a bowl without steel ornamentation but decorated as follows
(for example, city name or logo):
❑ The decoration should be visible only from Southlake Blvd.,
not from any residence.
U It doesn't matter whether or not the decoration is visible from
residences.
U I prefer a plain bowl without steel ornamentation or painted
decoration of any kind.
S
Color Preference
U I prefer a neutral color for the bowl that approximates the color of the
base (sand, tan, light brown) providing as little contrast between the
base and bowl as possible.
U I prefer another color (please specify):
Comments About Design or Color f
evfmkA. at QAtfli 4D -314/tRAit. luttA-4-,K.,0.4tr 44.-AL
coltkpitir&QAd'---RALAQivt:IA) ctAL,44
-"<bia/), -I/14 - 4&-echir (dAt40 ,811:10A .43,37-,04-1,,yalailib)
Address: 1103 YiAddlikdC, Jatirusu (, Q,u 1 J
r � r �j�`�IVI
�`k 1'vutclkm1 cv+PU1(1
• MIRON WATER TOWER SURVEY
Design Preference (please check all that apply)
U I prefer architectural enhancements to the bowl of the water tower
through steel ornamentation.
❑ I prefer a bowl without steel ornamentation but decorated as follows
(for example, city name or logo):
eThe decoration should be visible only from Southlake Blvd.,
not from any residence.
❑ It doesn't matter whether or not the decoration is visible from
residences.
❑ I prefer a plain bowl without steel ornamentation or painted
decoration of any kind.
•
Color Preference
Cr I prefer a neutral color for the bowl that approximates the color of the
bas s n an light brown) providing as little contrast between the
base an bowl as possible.
❑ I prefer another color (please specify):
Comments About Design or Color
7N U2 s h,LY 174 e0-./ -)
5� �r/i ` S�v /N 0ff/tic- lA.ow.t/ 1 b��
d•vim y �- 2v� /7,D 7 - (f92 6oG-D)
Address: / 2/ Z 7,e6 C
/ 6-D 01,-V-6— 2 SY " e96iY
•
MIRON WATER TOWER SURVEY
Design Preference (please check all that apply)
U I prefer architectural enhancements to the bowl of the water tower
through steel ornamentation.
CI I prefer a bowl without steel ornamentation but decorated as follows
(for example, city name or logo): Lo ea, 7.4424.,t_ a-At_
la( The decoration should be visibl only rom Southlake Blvd.,
not from any residence.
❑ It doesn't matter whether or not the decoration is visible from
residences.
❑ I prefer a plain bowl without steel ornamentation or painted
decoration of any kind.
•
Color Preference
ar I prefer a neutral color for the bowl that approximates the color of the
base (sand, tan, light brown) providing as little contrast between the
base and bowl as possible.
❑ I prefer another color (please specify):
Comments About Design or Color
Address: £salt hza h Yoe) Eder 04. At_
•
• MIRON WATER TOWER SURVEY
Design Preference (please check all that apply)
❑ I prefer architectural enhancements to the bowl of the water tower
through steel ornamentation.
U I prefer a bowl without steel ornamentation but decorated as follows
(for example, city name or logo):
.11:1 The decoration should be visible only from Southlake Blvd.,
not from any residence.
U It doesn't matter whether or not the decoration is visible from
residences.
I prefer a plain bowl without steel ornamentation or painted
decoration of any kind.
•
Color Preference
❑ I prefer a neutral color for the bowl that approximates the color of the
base (sand, tan, light brown) providing as little contrast between the
base and bowl as possible.
❑ I prefer another color (please specify):
Comments About Design or Color
��-1(161 S-e ;--fr Y-e-e h o uS f
Address: 13tc kiesf-ron C±• ,Sautv\d\ou e-
•
pr .
iil MIRON WATER TOWER SURVEY
Design Preference (please check all that apply)
Er I prefer architectural enhancem nts to the bowl of the water tower
through steel ornamentation. See b&1d+i )
U I prefer a bowl without steel ornamentation but decorated as follows
(for example, city name or logo):
U The decoration should be visible only from Southlake Blvd.,
not from any residence.
U It doesn't matter whether or not the decoration is visible from
residences.
U I prefer a plain bowl without steel ornamentation or painted
decoration of any kind.
O
Color Preference
❑ I prefer a neutral color for the bowl that approximates the color of the
base (sand, tan, light brown) providing as little contrast between the
base and bowl as possible.
❑ I prefer another color (please specify):
comments About. esi n or olor r
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•
City of Southlake, Texas
MEMORANDUM
October 16, 1998
TO: Curtis E. Hawk, City Manager
FROM: Bob Whitehead, Director of Public Works
SUBJECT: Authorization to advertise for bids for the grouting of sanitary sewer
pipe embedment and repair of concrete street pavement for Bent
Creek Drive, Bent Trail Drive, and Bent Trail Circle in Timarron,
Phase I
Background
In 1994, street failures were observed in the Phase I section of Timarron. Over the
course of approximately 12 months discussions were held between staff and the
contractors to determine the possible causes of failures. In 1995, Wiss, Janney, Elstner
Associates, Inc. was awarded a contract to investigate the possible causes of the failures
with Alpha Testing doing the actual testing. In May 1996, a report was issued by
Wiss, Janney, Elstner Associates, Inc. with the findings and recommended repairs.
The project was authorized by City Council for implementation in the 96-97 budget,
which allocated $650,000.00 for the entire project. The project, which originally
included grouting around the sewer pipe and replacing or repairing the concrete streets,
was first bid in June 1997, with a low bid of $682,024.00 by Hayward Baker Co.
Council chose to reject all bids for the project and divide it into phases to spread the
cost over several years.
As a result, the project was divided in the following phases and, again, included
grouting around the sewer and repairing or replacing the concrete streets:
Phase I- Creekway Bend
Phase II- Bent Creek Drive
Phase III- Bent Creek Drive (West), Bent Trail Drive, Bent Trail Circle
Bids for Phase I of the project were advertised on August 24 and 31, 1997. Bids were
publicly opened and read aloud on September 15, 1997.
The low bidder for this project was Denver Grouting, with a low base bid of
$436,440.30. This bid was rejected by Council during the October 7, 1997 Regular
City Council Meeting. Council then directed staff to bid the slurry grouting portion of
the project only due to concerns of the reliability of the grouting and possible damage to
• replaced pavement. Essentially, Council wanted to see if the grouting would be
successful in supporting the existing pavement prior to its replacement.
10B-1
Staff bid the three phases of the project for the slurry grouting only. The project was
advertised on October 19 and 26, 1997. Bids were publicly opened and read aloud on
November 5, 1997. Council awarded the contract to Denver Grouting in the amount of
$153,013.61 for the grouting of Creekway Bend, or Phase I, in the Timarron Bent
Creek subdivision. The project was completed in February of 1998 and, to date, the
grouting that has been completed appears to have stopped any additional settling of the
pavement. Currently, the project budget has $496,986 remaining.
Council authorized the advertisement for bids for the repair of concrete streets on
Creekway Bend during the October 6, 1998. The estimated cost of this project is
$331,000, leaving $165,986 in the project account. The estimated cost of the additional
street sections is as follows:
Bent Creek Drive
A. Grouting- $180,000
B. Street rehabilitation- $170,000
Bent Creek Drive (West), Bent Trail Drive, Bent Trail Circle
A. Grouting- $170,000
B. Street rehabilitation- $115,000
The total cost for repair of the remaining sections is $635,000, which reflects bidding
each portion of the project separately. Should Council decide to bid all street repairs as
• a single project the costs should be reduced due to the economy of scale, possibly in the
range of $50,000 to $100,000. This economy of scale should be reflected in the
proposed bids received by staff.
Funding/Fiscal Impact
Staff is reviewing the CIP budget to determine which project could be delayed to
provide funds for this proposed project.
Recommendation
Staff seeks Council authorization to advertise for bids for the grouting of sanitary sewer
pipe embedment and repair of concrete street pavement for Bent Creek Drive, Bent
Trail Drive, and Bent Trail Circle in Timarron, Phase I. Please place this item on the
October 20, 1998 Regular City Council Agenda for City Council review and
consideration.
BW/cre
• Attachment: Map Exhibit
10B-2
rarron Bent Creek Subdivision
.,._
__._
Proposed Phases
of Street Repairs
7
r_____-___, T______, ______
Iht _,,, 4
Legend
• I I i _ -_ _, Phase
1 Creekway Bend
I-1 l Phase II
Bent Creek Drive
Li Phase III
Bent Creek Drive (West)
Bent Trail Drive
Bent Trail Circle
. _ _ii*et
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3 Public Works-GIS
City of Southlake, Texas
MEMORANDUM
October 16, 1998
To: Curtis E. Hawk, City Manager
From: Ron Harper, Deputy Director of Public Works
Subject: Authorization to advertise for bids for the traffic signal at FM 1709
and Central Avenue (Town Square)
In the Developer Agreement for Town Square the City agreed to share the cost of the
traffic signal at FM 1709 and Central Avenue. The cost sharing agreement was 50/50
with the City share not to exceed $40,000.
Since this cost sharing reimbursement is different from the provisions of the TIF
(60/40; Developer/City), this project should be publicly bid. The cost of this light has
been included in the TIF project plan. The design of this project was completed and
• paid for by the Developer.
Staff recommends authorization to advertise this project in conjunction with the FM
1709/Commerce light in order to take advantage of any economies of scale.
v
•
1OC
City of Southlake,Texas
MEMORANDUM
October 16, 1998
TO: Shana Yelverton, Assistant City Manager
FROM: Billy Campbell,Director of Public Safety
SUBJECT: Sign variance appeal for a monument sign for Crestwood Office Building at
1100 E. Southlake Boulevard.
A sign variance application for the Crestwood Office Building was submitted by Tom Matthews
of Crestwood Park, J.V. The existing monument sign structure was erected early this summer
without a permit. After telephone conversations with the developer, a letter was sent on August
20, 1998,requiring that the sign be removed. This appeal is a result of that directive.
The sign is in the utility easement, approximately two feet north of the right-of-way line,not ten
feet as stated in Mr. Matthews's photograph demonstration. There is a sanitary sewer line less
than five feet away and an electrical line between the sign and the sewer. If the sign is approved,
it should be made clear that the variance would not waive any easement rights, and if the sign
were damaged in the process of utility repairs,the City should not be obligated to repair the sign.
The sign was constructed to meet the size and height requirements of Ordinance No. 506,
although they failed to meet the setback requirement. The structure is 6'4"high to the top of the
• stone work.
The wall sign is a type of sign not defined in the Sign Ordinance. The request is to substitute it
for the attached signs that the ordinance would allow on the building face. If granted a permit
for this sign, the developer would remove the existing attached signs and agree not to replace
them. The wall would be equal to the length of the building and be three feet high, except the
sign panels would project an additional one and one-half foot above it. The wall would be offset
to try to follow the grade of the property and provide niches for additional landscaping. The
Landscape Administrator says the existing landscape meets ordinance requirements,however,he
would recommend some additional accent trees to lessen the impact of the hill.
The wall is drawn to be 260 feet long. The sign ordinance would permit signs up to 195 square
feet in area based on the formula of.75 times the frontage as is provided for attached signs. The
drawing shows five sign panels at sixty square feet each for a total sign area of 300 square feet.
Mr. Tom Matthews or Mr. David McMahan will be present at the October 20, 1998 City Council
Meeting to answer any questions that you or the Council may have.
C•
BC/bls
• Attachments
10D-1
r . ._. .
. CITY OF SOUTHLAKE February 6, 1995
• SIGN VARIANCE APPLICATION
APPLICANT OWNER (if different)
NAME: G'.,STD odd /i9•/2-X- 7 " '
ADDRESS: 2 3o / CFo/9/Z 4.,04/4vcr, �Q,/ aa//
p 9 G L- 7 K:tr, Me,/
PHONE: c0./7- 3 Z 9-6 996
FAX: Sr• 5e8/- 4.4 . 7'y
The following information pertains to the location for which the variance is being
requested:
NAME OF BUSINESS OR OPERATION: C/9L:--r%GA'dOO,d 4=7,4-A-e . ,a l//•L . ' *' •
PHYSICAL ADDRESS: iWC5, vT 4.. ,3 /4,---.7! .
LEGAL DESCRIPTION : Lot /le/ Block / Subdivision ,e.J7-41�1�•0 vFF/cam/e7.2
I hereby certify that this application is complete as per the requirements of Sign
Or ' nce No. 506 as summarized below. I further understand that it is necessary to have a
r ntative at the City Council meeting who is authorized to discuss this request,
4ad _ ss any unresolved issues, and approve changes, if any.
Applicant's Signature: '/ Date: / _/ �8
For City Use Only:. .
I hereby acknowledge receipt of the sign variance application and the appliction fee
in the amount of $ on this the day of , 199. .
Signed: Title:
- Sr.
The following checklist is a summary of requirements for sign variance requests as
required by the City of Southlake. The applicant should further refer to the Sign
Ordinance No. 506 and amendments, and Other ordinances ,maps, and codes available at the
City Hall that may pertain to this sign variance requet. .
•
Completed sign variance request application.
Completed demonstration of conditions applicable to the requested variance
(see attached.)
Site plan showing the location of the sign variance request and any other
signs that conform to or are exempt from the sign ordinance. The site plan
shall also indicate the building, landscaped areas,. parking & approaches and
• adjoining street R.O.W.
Scaled and dimensioned elevations of the signs for which the variance is
requested. For attached signs, the elevations shall show the building, the
sign for which the variance is requested, and any other signs that conform to
or are exempt from the sign ordinance.
10D-2
r _
Demonstration
Please demonstrate that the following conditions are apQiIcabie to the requested sign
i. That a literal enforcement of the sign regulations will create an unnecessary
hardship or practical.dimcuity on the applicant.
A. The existing monument sign was wrongly placed approximately ten(10) feet
north of the right of way line. Code requires the sign to be fifteen (15) feet north
of said property line. The sign was placed in this location in an effort to have a
more clear sight line. It is applicant's request that this sign be allowed to remain in
place but applicant will agree that said sign shall contain only the name of the
project and the street address. There shall be no individual tenant signs located
upon the existing monument sign.
•
B. Applicant is requesting that it be allowed to erect a sign-wall/retaining wall of
three feet (3') in height with the sign portion of the wall extending an additional
one and a half feet (1 1/2') for a total height of four and a half feet (4 1/2').
Further, the sign will be erected a minimum of fifteen feet (15') south of the south
wall of the building in an effort to have the top of the sign-wall not be at an
• elevation higher than eighteen inches (18") above the top of the finished floor
elevation. With the approval of this sign-wall and condition upon applicant's
construction of said sign-wall, all of the signage currently placed on the building
itself would be removed, effectively being relocated to this sign-wall. It is
applicant's feeling that the sign-wall will enhance the readability of tenants'
signage by bringing it down to a more easily read eye level location, a
consideration unique to this specific project and the elevation this building has
relative to the street.
2. That the situation causing the unnecessary hardship or practical difficulty is unique
to the affected property and is not self imposed.
The topography of this project is unique to any'other such project in Southlake.
Great efforts were made to preserve the natural topography, vegetation and overall
esthetic appeal of this property. Signage is a critical element to the tenants in the
building. Signage allowed under the Southlake ordinance is not necessarily the
most esthetically pleasing for this project. It is the hope and intent of applicant
that the variance applicant is requesting will enhance the quality, attractiveness and
effectiveness of the building signage.
3. That the variance will not injure and will be wholly compatible with the use and
• permitted development of adjacent properties.
•
10D-3
r .
The proposed and existing sign-walls-walls are not in a site line which would obstruct a
view corridor for traffic. The proposed and existing sign-walls are in their
proposed and existing locations to enhance their readability and effectiveness than
might be the case otherwise.
4. That the variance will be in harmony with the spirit and purpose of the sign
ordinance.
The existing sign is an acceptable sign except for it being located approximately
five feet (5') closer to the right of way than is called for in the sign ordinance.
Considering the unique topographic characteristics of this particular site and
considering the length from any other signage and/or drives or streets i.e., visual
distractions, indicates to applicant that the existing sign-wall is in keeping with the
spirit and purpose of the sign ordinance. This is especially true considering that
the existing sign-wall will, with approval and construction of the proposed sign-
wall, contain only the project name and street address.
The proposed sign-wall is in keeping with the harmony and spirit of the sign
ordinance in that it seeks to enhance the overall attractiveness of the project and is
relocating tenant signage to a more appropriate, readable location.
•
10D-4
r _ . _
A
City_27_, .,
of South lake
_
OUthlC1k' August 20, 1998 .
Mayor: David McMahan
Rick Stacy Four Peaks Development '
Mayor Pro Tern: P. O. Box 92909
W.Ralph Evans Southlake, Tx. 76092
Deputy Mayor Pro Tern:
Scott F.Martin
Councilmembers: Subject: Monument Sign at Crestwood Office Park.
Wayne Moffat
Ronnie Kendall •
Debra Edmondson
Gary Fawks Dear Mr. McMahen.:
City Manager:
Curtis E.Hawk You may recall I talked to you on the telephone around the first of July about
Assistant City Manager: the subject sign structure. The sign has been erected without a permit and does
il
ana K.Yelverton
Secretary: not meet the required fifteen feet setback as specified in section 16-B of the
Sign Ordinance. At that time you stated you were preparing an appeal to
Sandra L.LeGrand submit to the City Council to address several sign issues on the property. To
date I have received no such application.
• Please have the sign structure removed as soon as possible or file an appeal
within the next ten days. Failure to do so will leave us no options other than to
issue citations to Municipal Court. The ordinance provides for fines up to
S500.00 for each offence.
Thank you for your anticipated cooperation on this matter.
Sincerely, •
-r st-le-, G"d A-.
Charles Bloomberg, C. B. O.
Plans Examiner
CB
• cc: Paul Ward, Building Official
Billy Campbell, Director of Public Safety . .
10D-5
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Sian is 15'X 6'and is located 23' from back of curb. (N.E. view)
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