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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 %,,1,,,.„,-;-„-- is.,,,,1-4.ty.o.-4.fikk:_x*ittiA^,-::--"--c,'"'r-',,e, *:V4C-`,A`''''' s•'",'''2:.:1,4'6‘.4"..,:i:''''.:7 /,-' „-:- :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 ..,A (gri 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' i ' es. . : . . I • , . •• • 1 , . e , . . ! . , i • 1 f i ' ' • 'G /36 it f • ! i ; 1 t 1 I a;t ik i I , ' - i . ! l i i I i -� i I 4 _ - - • , i • i t I 1 _t____I 1- i 1 i_i 1 • I I I 1, _ , I t - - - - ; i - - i -1 I - -i ! - 1 I 1 ' -1---;- I - I I I 'I • 1_ 1 i i, ; i t i 1 i HULH ' I i zY j . . ----i , _ i 1 _ A L i t 1 I _ .. t. ,, , ,, ____ . _. _ . .___. . . ._ . ..... __... , .,• . . . .. 1 i I I - --- ' t I 1 r r t _ - - 1 I i- - I I i t ! I I ! - . . . 1 . I I • ! + . { -1- 1 -1--I--- - I L (.__ j7hT17', i • dip 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 `.. IL, � N•M - 1� • `�� r1...r rig.. Lafria{illa r— M17;12/151.1111111A 1 Grapevine .. ro. PfIS.. A yAwov lAaa 6161•••• - v- ! T Coeval Curs l as Ada l�wa • NU Neillro a— WILT ./ - C '^ (T-- • I �:Az.`��c �p��L38nd•iis• 441U i Nana(1 �� .9 Y <f Lf11. cat r0. I + l "..�i�, ri�.(/1� • .11111111k �•/ifirAriller i 1 F'II 1.en no,r 1 j !ranch 3 = blur imurlir 1 .0.'1. H��® rows. i 12" 41.\ ti• Cie 4 a / k 1, , ME cit . C 7 ---Tt"L h"' , r i ill ' �/� WATAL4GA 1].► ..�Y at 1111 klik\ a..„.. ..... + s WALNUT MILL 3 wings. Richland / fr woRr.v J a; 0 Nllif sv�111111ki )ii 11.06. IN lfRil.i T! � lb I ; a .A u6A - SOItM• r l.• 1 1 iW1TMrTalO w0. • ...we— .� 7\\ t • UT...d 3 (ID _// ♦`'ps- el • Bedlam' 1 to r;i t.•••v...... �+� c� •II�paT s ~ r � I ii.ogr! it rgfiglwrIID Ali • •\�7.0 ima- irc„A.�• atfwvi w rinul•■ 7-ml us 111 Q a a ; j1, Hatltom I .,�or pi` t /71% City A Hurstmom !°" p �' • Richland Q� Irving i I Iwa alvo. f Alb Milli - i = iMAOT ONOVa s• I >Ili IT.10 FT. WORTH I - is fr .i k s . Ct .® Witt T{w i1MOl aTOw alv0 rT r••••R„- IJ O = Mir ��n^��``` - Vl r r J 1 ct1 rt a♦ _/*rap 31 ./ ` . o ! aver. ® yrn[i 5.0 J, 1 sT vl1 wthan wr.woo*M . a wAMaalL Witt O «• J/.••i Gratnd PTa1r10 owvli E� {T- Illi • a ® f Mem. 2. • Nall./ � .. •t�_ j ti `a iN.i..w !qtFe . L _ ..1 A. lanon �' 1 \o OIVISIOM �..1 R� 1 pa /'1 r O`t� I.Aa4AW airy— < wafaDAl II a AV C M • _ • . e111 : ID Cockrell ill 4 11 x r.r.. Arlington a •a •tom _ auw•la r Avf. o g/o/•T•w O • a •% ,. Mcvnian •. tas s _ ' < C.II.a• r/ '�fO /MI•�g u a meek iv i C'�•t 8aCl/St + 4r. ® IL A N.n/ton '( Q" V IKNr.s flit ! //MV. KfIfT 3 fT. u a •• a AwwA ins( I.N. '` u...-I.,rr... .w LAN[ Z • I flog on I it . ♦ ON lie ci , • U s toss t 1 rrlfLO 1.O �� , ` © . .1 u cTa•'i 1 M{O it O 1. . r• , CD • • Forest Hi • ( ao G'♦w wsoaW ' • o. Yf1 t •� u .a••/ " Dnaesariila O = 1 • a. S 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 m` 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. - - • I . 'N. _ , _ tN ". T . ? , „ , ‘..X / )__ _ _ _ ___ _ 0 N):\7' -_ co 3 mi. � iti '4 9 • r •), . ' ) o 4 .... ,. _, 6,4Q kt ,,,,i, 4., . . . , .., ) .i. , , ,. , ,- , • . ,L...,),,,, z,,,, . 1 j �, N I .., , •1)''',,, - 1 , , \ ` �\ \ �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 Attachment: Map Exhibit 5E-1 r • cn • o ' ,: . _ .. DOVE RD No. 3080) Cr° I Lt I • :____._.•_._-.._: ______J ...; WEST DOVE— — STREET , • . , . -- i i 1 i 4 • • , !,•--..,. OHIN_LN___) i 1;0 n\IA.,! •; ; • r „--• • ._ _ __..._.;.\._9\-•/ • t-- „,,,1 cs..• ,......, ! ••, iAt\ t- ,.., 0 t, -•••••• - - i ) . ,i • , __ ____•••• __-_• i --1, • • A u t \. • , , ___,• , r- : t-1 • -- , rTh 1 • ; I . ri 1 1,.../ <--- _i I 1 ; _.,_ .) kN E i 1 ---7- ', -- ---- - - )---1 CO---- 1') . EXlSlIN6SiNER OUTFALL • \ ts_cr I Irz \ Li i ) , ' 1 . Q, ' i c 1 0 .• i : . •3 • 5 kil . ;• i 1 , _.,:,..„,.....-- ' , •_,,,,..,\..r-4-1 , BRITT-AN-YlliR 1'TIT .,- , . ---,-- Nt r‘'------ , • ....._. ... W-AKEF iEL DCJ. . : --i-------- 7 ——- ! ] , r 1 410 ---i 1 , , : , ,,:'1610•___ , ror,... 1, 0 ,.,..., 1 1 / -- 1 , . _ l _—__ , E 1 ! 01,N( 1\i" „ clvioN 1,i6k /I ..... uul-- c • r-1- A 1-- -\ :------ - --. r j 1 i •.------- c- * : . — EXISTING SEWER OUTFALL I ' -- •-------------. 1 . :• ' . . . , • • , - • , :, 1 : i.• CEU,--‘8.), V 8"I i C §".• :8"a 8" ;,,, . -6.— c____ 444T-•T 101_1 D_Ef_____ ' ' i . . ,.. , . . ________ _. , - , • , •.. : . . • . ,•• . N ' • . . i I / . ; ----, ---NEW—C—A SEWER OUITFALL '...-----s•--< ! / i :! 1 crl < . .. ,. i 7 / : 1-=4,00, !APPROX.1 '-: ....„...., C) . '-.. : • , , .,. , . . , .. TRAIL __ , -' NOR.WJCH _CA . . . i ,..,..--- s i k t \ I I - Lto_istt, ,...„. cE il A-Lb c_R_Erwl.... pLi A N_TA 1 . " . T . , i , y, . ..,.. ,, , , i •,,,/ i , n 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 • 5F-1 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 J10 5G-1 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 • 5G-2 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; III 5G-4 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. S 5G-5 PPIPPIV' • 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. II 5G-6 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. • 5G-7 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. S 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. S 5G-9 0 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. III 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. S 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 S 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: S 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. III 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 • 5H-1 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. 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I!.WI I, !ZP 0•1114311-1:I.NIX.Re 11111 MKT un N.1-10 NNW NUJ NON swali-gure . k 1SIIIIIIIIIII III 11111 1 n lair rtt n i; N, • '.,_. Ittlirn 11111 11111LILL I' Ei: (I.) WPM* 1,0r1 DIMON IUNITON IC ... 01C3,carp,14 i c 1 _1 1 • ...___. ..______ I——/4 ——— —— ——•—•—*=_-__ILlairtir'--.ii.71.174•io'i-_-iciiiii'-_ -•-_-.. •--_•- • —--—--—--—-- Pr NIT11.MN 111111 OM NUS -•• 111 0 I ..13.7 '--ii • III-101417P • ! • __ • 1 •LOT 2 • . 5 mmeN1111 :10060eg:..1001''640.01011, pa BLOCK I . , IDIRI.INT 10 Pr • ..•-.• INNININI MOWN•• . (yeoven . . • I •111P/01) I• P111M0 s( 4.:- Ann Vre IA•MVP RIN . • • •. . 1 i N I (No MARTIN— . . ' .• 1-1•41 '.. IN-rT1113—FIELDS .. . ., • _ ,i1,..;,ADDITION . g I n g 1. PAW MIEB/1.1 DPJ.00 WI;AUK DAI LIELD WINO k I 411 4DDMON TO NC ill l g I - • •__ ,. . - TAIIRIVIT CATTY4MMAS . i RIPJE MOCCER FELD k IR I 0 8.KM I • 11 5 I i ' . • i ( e UN MN 14111 It 81.791911111+11.zoNN:41117C-RaarFecterrF°R I. /1 I 11 1 1 i!. I•4-i--DIAN 20 out cam ." I 1 HAROLD PIPES NORTH INKS 1.••• , • VOL 1738 PG 86 . • . moNer . .41" Li..71—'————————————————— ——54-iar—--—--—,JI --—;- __i • a • _.__.__.__,__,_._,_,_, CfWIIC WALE a • a a :. var. Al 0 "."-i'S 8042'51' W 739.;1 47 ' N iv tune y.mo tra r/ tas.•!a tga PINON4. • ISEVe"'" 1 ..gg, ,....: Ehic Vil Iva rm.:ra ZVI mtwavi. I MP MI I 0~1 NUNN OCiarr•WPCP L I • .. . . •'!;i11,M•f..("fla . . . . , . . , . .. • • . ... •. , . .• • . . ., . • 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 S . . 7 A - 7 �. prV •ase 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. • . IAA$ • • • - • I: r HAROLD PIPES. _ r _ VOL 1738,PG.89 EXISTING ZONING"AG" -�� `.an, Oar rut aAAOaN) r w 601311 Jo TER a f:' N 89'43'00.E 705.81' Ir Lno.t'urn two rra CffIETIAN DI llAN DM 110401 '7 ��A l� �1a. 17Yii l� f , ;717lll/•O/.D/��GO 17,177/ll/1/i/l EDUCATION EXCA N 1 I a� CS■nAT' ■■°FIST I ' 1 I i ,1: 1P. 1 ' • 1 1 I I ! LOT I , mac I t, , BLOCK I I RIME=NI FELD I 1 COL o■ 1 1 W ma oat OMAN °ml,71°° EX ICI G ZONING: °• i } • 1 I . :::•}: ::•:: 1Do °c' 111/101 pmmu '�'®'A GUM' •®• 1— PNIA.4E III Ea= i 41 yr I ` -kir :.e4 1 1 I °I■mu .� r 1 I A • Ar 1D //�'1 I • • r NM 0/11L•• o.a ww•. P.w AM oalI ,1-.• —. r� L 1- I LOOM 0 �` I A •... ISTT iiiNNN�i '0� ENLARGED LANDSCAPE AREA I"�O" >a I * I gAO li � 1>m ms , u r q v r ur r .v-r FDA 1 4 I 1:1 AS ; I L . 17m1■OWCI1WT/ I I .�1�IJ 1731 wn,eluowo . a1 g :.�;, �#4I• a6i.rm— �.soonl 'I PHASE I 1 .. u ' Imo MUM I I i I>m Nrrs 'Zm ONO ® aFECETIC a EN PFIA9E Iv 4 ,: E N u oo...0 _a 'gill nwres ' I$ y ®IAa1D11 ®IAJTA71 RIME CH46MN k _ W,..s' .:„ io 1 a I R°.IWOr �°®° G ISM .RD IAD[DDN EUT,ATION EO'AABION I • "' S— 2 g U=r_= _ save di 2 sum. S4D tr. r910S MKA DC IN I •$_ °3S R. r ®� • I 110 K Q �� o►lu Iw(o>arsm �.Q 1 I N■CC SOLI _..__. � ,L N>S37AT ANC NAM I 1 .... ...,.�---•. : . r• Irilr.o®■tFir■° __ [to in ma lAC®FPG410�1 I 7••...,•%'.;• VMAKI C 54 al•ra•■meNn. o s QM I .Z _1 I........_.I..._......_.....t...1..A t-.A.F 6_.. • I .1i.. w°nowt Dun = NOW not°° °®wrar I u MO 9.m S rd.a I I I 1 I , 'I O ADO OM I w vt a wtm Ix 1 a ., 1 1 r Mlt S1C 3 •I ! _ XIS I / 10.LT •aR e F (IJ al L1)fII>?Stu3 tmwc moo, I —vi 1 a °.�' I • )/ Is...... 3 sm Imr Gb.''' aim N rrr i m'0' : 4 i ' 1 1 I�I 1.1 k 1"' I.i.41 4-1111:I 1 I•:$. // 1 J I �w �� u it®.on I.r I I .__ _.__. _.__.__.J I p '_i f come W IT1' .�_1 MU e * lqN t.MAU 1°01OLI°` I it M1°m°"0 T—=ir ACCESSIBLE PARKING SIGN iI • I A1.1 N.T.S. ' .:) i 11 FUME I , NORTH AL MS I I r� i' CC)LYHITC8n LOT 2 I^ It BLOCK I I sO1funuAr db I " aunar—f l' I 0 74.r�Qal �' .$ SaI1F/AIF rq. °rrtdl■■In EXISTING ZONING: 'CS' ■7 Nnx MOO J ! 0 g•• I I 1 g 0°a wes/sty wasl PORE - el 314 awvo i •� M1i no s ..I►wr., a1i i / $ 0< 1 : 1 1 nucE 11G D i a sr MARTN- F I i II.I 1I a1'raFCAIUNLAIEPN A tvA1DlOEFNIn®R I N PROPOSED .1- i l I I , I WT.& I I i 1 / r�IAINALwZ ruS WM L• j , 05"A /./,Kmm #7.rmaa #.e/ e:# 1,,zo/marg/w �mmri//,r/#5Ez,J// REC)OCT ?21998 •I -u AN V-0 , S 89421•W 704.44' r a O aIim ONO c4 - O(D=. WELDON H.SNOW 1 HAROLD PIPES IAA 1�� Qa■. SITE INFORMATION G1Z41'NIG SCALE '"°AO 1 VOL 8031,PG. - I VOL 17]8,PG.89 A1.1 I AGRICULTURE ZONING I EXISTING ZONING'AV AN ADDITION TO THE CITY OF 5OUTHLAKE, a m i �� O uo•tut oirtaanl) (I.un is of slr rs°eHluu TARRANT CO. LOT I end 2,BLOCK I. m - �NIwI. L i 1236 ACRES, 538,4O1.6°q.it i SCALE 1'.40'•0' �� l . I • 10, . • 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. 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No Recom. 40 ..................................:..... ..„.............................................................................. ........................................ ::::i:.;) '. 50- (40) 50 50 Na Recom. No Recom. 50 .::>:r:::: . 6 65 • 70 75 65 65 65 70 75 65 50 65 70 75 80 70 • ......................................... ........................................ ......................................... ........................................ .: '.;3 .::::` 68 (50) 65 75 80 N/A 75 !IINgieggAiniii1;:gii 60 70 75 80 N/A 75 :;:: B. ;iE:.Ey;;;i ;,•EE EE. P&Z/CC Ai1alyo,.,at 65 - 70 70 75 70 ti.,,.,of Sit..Ilan(50) :B=21.1ffi ':`:. P&.Z/CC Al,aly a,a al 65 70 70 75 70 € R: ::y: : :•'` '`:::::: timc of Sit..Mir(50) P rCo .,c 4<::�>l�C><'<`i`iiiii;�`? n Phu at 65 70 70 N/A p 70 t.,l.. Vf Zv • g (50) f,'::::i Area At Area B$ << f `�<><: : 50 70::::�.:::::.;.:::;::+; ::. 80 • 80 85 Area A: 80 4Area B: 85 ....................................... ......................................... ......................................... ......................................... ....................................... ......................................... s': 1: ; ;':'s. ; 50 70 80 N/A 85 Area A: 80 Area B: 85 >?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 —�Q�ll Pr . • 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 • 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 17 18 , 1998. 19 20 21 MAYOR 22 23 ATTEST: 24 25 26 27 CITY SECRETARY 28 29 30 31 32 33 34 37 L:\CrrYDOCS\ORD\DRAFIIZONING 480BB-3.CLN 8 1A-13 PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 2 3 , 1998. 4 5 6 • 7 MAYOR 8 9 ATTEST: 10 11 12 13 14 CITY SECRETARY 15 16 17 18 EFFECTIVE: 19 20 21 APPROVED AS TO FORM AND LEGALITY: 25 CITY ATTORNEY 26 27 28 29 30 31 32 33 34 35 36 S 37 38 39 40 41 42 43 1111 46 L:\C1TYDOCS\ORD\DRAFI\ZONING148OBB•3.CLN 9 18- r4 z r' 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 ; o - 1 7 C • 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 • - - Yc 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 T A? • 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 • : :. -5- • f c �fl 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 • 7ic82 -6- ne - B 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 III : :s -7- 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) S 71 26 -8- nC 'ID 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 S : _6 -9- n 0.- 11 • 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 S 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. S - 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 S 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. S ;a.6 -18- • 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 -30- 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, 13 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 • /D-i . SDI 185C i ii , ■n■ n� i i n• nm ii 3\ 1: .Bro. ______ i.„....to. 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'BANK • 5 PO�+ E aZ �� - 1.835 AC 1,�59 J�" 3.02 AC 0 S O R G. HOUDEK L • ) -` 4R2R2 / 94 1.3036 0/ . l -. /71 i , • el AO‘ I / . 1 & 4 ` • I . sNt... . . 1 TER. .G. HOUDEK 1 / 4k : ill . 5 q., I 4R2R3 P. I i Y�9.6527 „C_3„ s 6- I / . 413 22 1.11 AC I H -1 - ,L. (/] ' ram. - .. .. � r �14 11 -43 - 1 .55 AC 1�/ .. 1 .01320 I1R1 1 �- 2 I I � ' 1.26 AC tN� 3 v�l \` 1 1 p ; pA 065 a EVE 2.68 0 l GRA . . .4 b GI-) ��1$ I �. S i -- - - ,i _ 2R ADJACENT OWNERS i ,.4,44 I s AND ZONING ' i . N g GSA • 3 •I APPROVED TITo,...w.T THE PLANNING I ZONING COMMISSION APPROVED DT THE CITY COUNCIL OWNER/DEVELOPER. PAIN&CRAWFOR0 - - ,'°.r.•acno' p1f".COVA1 'iwu Ryi.nMr . LOTS OR.7,0&9 I/f0 R.IKTR16• 1-0 DATE• DAZE' X L d rule 0•11,R �IW aw a090T� a1LWAT PROPERTIES LINT VENTURE TGPOGRM.0 WTO L n i.•n•IR•I.1 w qm••.LW,..a..- f70 PARNVI[W UK r•r.l r 1I,r+r m.o.. T.' • CNAIRYINI MATORI m•oI0 WW1 A.YM Au,rLT.GI. 70UTHWII.T[SAS 7a0ft i4r Ulq,.040 ./� a 1161.0.111.M.rn•OM O.100.muwal rum WIUIINSON r.••.WIN.MO wn rq.+ s. L %�/ n M rn•IWY OwgYprI41V•Lf RUNWAY/IH �p�_LIIR1 Ni 7LCR[lAR'/1 CITY SLCRCIARYI RI..,rnuMnnw wa1 Al M on M v•IwAr (R17)17f-AOff 1.1,.w,OW w.l. ��' ..rr-IN Irn.0.1••wm n sort M on Of ? .,unaArt•.Pon Oran rot mwry n arNM.v OWNER/DCVCLOPER: 4..0 KM,.w•.YO.WOt.•r. • •III s..r-w•.•+1.O.wl CO.wv.m.L LOT 10 i 3Nr•rm,.��v...met 0.uylsIT1 L.AM CM�w rp OSIRIS'R0PG0[s.INC. .I I. ..r. ]YOOCO w np•I.w01010.9 w IMAM 49 7705 NOMLIL 91 DY DR. Am r w..ra COLLCMULL TEXAS 74074 VICINITY MAP �.eaa SCATS 1 -°0' owe r... Ire 01.11 OF UN. \ I �' ...•r+..romrnrrrr=.-- ml....'4..vSarL'.'.�w..r.r.a.r.Tr--- Ir11� 1\-_-.- -k \ \ r. '� "'"r'"Lao.r��r::r°Yrrr"W`N"'°"T.`-^."'7:`w ,o`wua`:w a� 1I L\ • I I I T A MAC]OD-PTO NO[R I.MO. 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BLOCK A DITION TO TES III I z I I ll I cap' ,� b7 I AK r[[T) LOT 6 BLOCK'ria\ ` SOUTH AN EKE B PLACE �e}y�• \ �..I • CITY OP EOOTSLASD,TolaTZ ?COUNTY.TI S5 7frEL I I 1 - - mow- -- do�mis.. ar a.w..9 _va+e+ma.n.- _ CS[Cd LT2D LAM �.VP L LSsvR7ONs7.lan L3a.AynL�- - _ THOMAS LATER swvEY.AMSTR DS NO.474 ..Syn amen gatlw wv,PR+q:� 3i .....r-..r.. 1... �.4•�S — 9—"u"� AND THE a"o'�..la_,.. 7111 209 44'40'W 422.E9' vovenr 1:A.4N' p1 ROD•40'S0"IE 22.0E' - •. NUR9 Or A.►OaTEA MM.AMUR T4 Dn I _ r� PORA'OP LOT u-7R i BLOCK A.wmRiLIJOI R 07 ANI WADE L-INf U9Y'R(AS—T!LEvARH -' M!GINNINd it S MrrrN wAAu I i�+' voflM,O'I[.•aOOrrwK PAW : A[CORDAN TO TNL rut RCGImm M CUM A.SUN D:a IL,uw (RD•PIER C ROIT-r-WAY) AND IX f.RLOCR A.fOYT1RAIR tMIR(RACE TOUw[]es-17..rN[. �10 )Q VOLUME P.M !.PACE 2 —-- ACCORDING TO TM RAT RECORDED R NORMR SY-L7R.PACK D II PA.TAL IBIS ►ATA.r. I I �------------------- OF THE PUT RECORDS 01 UMW OOIINTT.1[SAS • - MAY.ERN /II WTI;-:;'; THIS PLAT FILED IN CABINET SUDE OATS - - am!aril- ,,•QIr.Af[r n..-off r INA Ia 14f4• 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 • • • • - r t_o a ` , 1 O-t 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 L:trees/dre98/98-106 y r, ` 6. rl 0 , \\ !1 \ :i_........... ..... _ _ ,4..•tili• frT.i • •� f Il • o't.-.-2:----''.•••••,'' ..`,' ..... - - - - —-—4. „au_ _ _ ,,._•___, ______, • -,, ...... �� a � JI ILI _' . ::. a.ert1 41.4 I ; liii , \\ N .Y1 I—ea.,...a aaaa•ai1....,1•a�,•i ,.'' i • ,1 •1 • • .`I Tt 00.. .c. ii M....4 _11 I/�' / .LEA�. 0...1 ��Iir�i.�7l�S +T.-'•-�'. I I ; j =i�w n.:•M 1...y� { •� „� . • ! • • NII(We5 5T•./tNswe .•... / I - W a s. `;�- I - ' I i r . ...•Tope/ ' .1 ;' 9•400 .IT. 1 MONUMENT SIGN I j' .I • N I': c.•.T • } •r... //�/ Sr• _ J T... 1f'•. .. w• ; •�.Q n': •1:1•• •J.J f,.1 .J..• .dJ ie' ,.oleo•' l•i•J w'..• v'.r• '7.r :�� I O J • ..Ve..e WM,•wL.•Imi..J..od..•LI W.Y. I •• I I �.'-/ .// �/•I •�•• ' • • :1 l 00 __ I �' -r _' by �r I r! .. r s ' •r .wr I I 1 y Q 0...4,N • ,"\S. ..1 u.4.:..r. •i, ( ? , mam.n.�e.cs.a i I I .�/ .�.•e..f.., f.....�.. 1 .//I•I I•I, .tea. . .. ._.,..��. • ad a. 1 .:� 6.:'. •' 1^� .•..•..n .•m.usn.4 I i i-i i .•::. �__ ,_? ,_ 1 .-`.�w %' / 1of 1�1 • • .w•�.. I /. /• ,.Z. /• .a:/` / ••' • y.: ;•!. /r 0•••11•••••/70.1 i//, 7F//7—'..— • //'('%�.• 0 0 _�q I • a14••1•..••' ,•'I f.••,: -• .. .J fA.�••• l^• Kw:.....1 • •• MM.OVIMINIMIUMMISMM1•••.• .M1 M"'�'� • SITE PLAN ��I • •• e.1.o .o.. . .e. . ..... .o••••••..• : a MR 1.-, ..IQa�>•oo�r� El •_ SlyC/I•.'.1 - - 1..M.,:..Ima.:mom n.. miI•imam Mt•.mIlIr.._MII -- - - -- - - - - - - - -- --mcz 1IMaa�alIE�0=1-= ^ 1 -- --- - - wre•oM - • �C'•T'i1orv_ao znmiim mo ma Bramem^..11 I ©t WOMAN .O.MRT GNAW•.from•U•11O•CJ•.• 4;•:.:,1�:��a.r• .==Mr.:11 1MMls 1.•ocw •v.+•.••.•u wary f1 wow o rime � \ MOMILML MG MUM.Illrall IT, Pert, 112.0 'p�.vp•�•.pp�I1��.1.Q.R ""'I i =' ,e1e RAM NO�.I�I.M.'1•iO GlC4.116Mk II Y of f•.u.,....•.e••LL•.,,..OwO.P.•,.C..v.•o...� M1�s _ M= _ 111.001 MACSA►oneolmawurc lel�limn� •e••m' RIIVA•Am1110.mTl.erne M•� m�•.a..a••-�r..r.r••.a �rwear••w.fr .OII.MAR TMMMi COATI ^lA ..a•-n r•—w.r•r•-.aw.•wf—^ram .Arm.., corer•-.w-�raYr.r-- •-•• fteMn W► ��' feet .•_.•._ .�r_a.r.•..•..... RECD OCT ?2 1998 SP_1 eAnMa ZA98-toe r, • • , IL I;: REV I S I ON s J^ .... J� ....r.+ti.r_ at 9—� nIl 1�. III I (III 11. III -j 1, '(Am', .. Tiro IN mg mg,F,Pt!i1-7::::-._e u1��iiii�M�hb1. :�.�.? in , ,.. ,„ Et....Teo.,. r ....L., h .4 in*. .y. ,i„. .0. gy. ." •.---- - -- V. i' ,'� , • I. 1 • e •r 7.1 a ` ua �( _•: tom, Y N 7 1L a Col!..,, Q 1 J F- • l ...kJ ` at: ` &•J. sr-J Ir-i L rJ.J 1 ss'..' 1 - f T T , ffff �:• J i i O m r.J ! dJ 161..11 •'.J I 1 .v•d Ili II-d 1 Ir I ` I❑ ❑Li AD - RIGHT ELEVATION — _ I FRONT ELEVATION _I•-= W Col KV __ __3.� _ai. � ., W . F r r7.1 X _ � n• I i 411 !_ II I . . . _tqa, DE -..\, ".' Ilit ' e . • . .• . . . . . , 0.....1 . • s1;-a„',I [ . r ° , ,• ...... .. UM: CM. HT--,1------Thi____70...cA I ... __.,„,._ + .YKKAN!- (en 4Zfl -51 ■4hl SRrS n•a� M�110070 L'.:•s'.. j ra'J Ill 1rJ 1' �________I___x � ■ �yM��,,,�..t 1 sC-J I '1 -J I u'.J 7d• TL t T Q L AClt1 `•' LEFT•ELEVATION REAR ELEVATION ;�yni ITT ?2 �� ••. I vi., •'� .r...r yr•.I'-. mum �� • • • • I,1 I J REVISION i It.. // \\�\ • \ / iIiiI \\\\\ \` ///r \ f // (f \ /h/`. \ \••\\ \`‘...,, S. : •you j 1 AS n,:: IgiMillinonimU • • //L•OT RIFE ,/// l \ JJ C/\ \I ' 'e•OA \� f� , F •` /9'\\...c Y"•\%- Jy"' •2 ° Ai 1 W 4.1 ..•••••,*,............. i Ei cn 1(n o i / 4i' i/ „9- / , 0, / v_.(4% \-- 1' \ w.-1131w ' ,/,;(44,0?) /4.4.101: *1,0, .„7 Ili i 1•\./• \___.4 \‘\\A‘4:,,,, ' [zit,/ .) , ,,...r' . _,..4i, #fit,.'1,7%,'./.... \\\\)1 \', ' r.q0*-, — ------------ ;\ ✓ . pFp OCT 13 1998' \ ' � _,,. - ,:. h- = =-=------ � \ , s MIA End /// \ I 1 / / ____COS MO WAIT Vw1 ��••—BMW EMT - i , I ,.�WA a -`O"-MUM SITE GRADING rom.x.-.T++ / ', �' '\\zy/ -, + ;' / coma®n o..a r �"-'�mrommo ROCCOarwlmr and "'� Ig 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. L:\COMDEV\WP-FILES\MEMO\98CASES\98-107SU.W PD IG�.I f• n soi • e 512 TR 512 II 5C 4ii lir •" 7-) 11 liB 8 IC ..r n-, OW nIf 0 •„ o4 li in 12 51-1!1 ' 12 : '41 ING .. tiri n•.. • .., . TR 513 Elik• ill • ..4. .s005 IN. 3 . , . ....___, . . . . . . ,,, . .. _ .._ 13 '4 12!RIR - • :• ' - 11;2811111111 ' g .., _ / 011 1:1 .. 111 111 'ACME; .4 - , IR 51,4A -r.-;loort,Tql1liormomom I 12 5E6 A Pl. _hurrOVIrrliiiiiiii ,I. 2p Al ' : ,.' 'A t. 11 a -) _x• ea,l.4' . ci•-).', . . 12 5E16 TR st,t '' \ ' TR 2A 0 1\k‘k% TR .. 1st 582 , .- Tit 5E2C. TR .: , . - - • I • a ups TR Eta : 1 1 : /a I, 5576 AC g BS IR IA -T • 1.1 851 IC • till EASTER.,. . i,1.,:* i • ±' SURVEY A-458 I .c.,\\\7,. -...4 55 le Tif%A. Vcitor, 1 T • • ..1. IN. kAZA . , . --I ...,44, -l q4 ....m. . 1111111tett: 1141 _ _iirq:aii. 444( - - . .1 Itrv,,,Til- opie TR x Ta 2 I t- '. '‘I TR au TR g9P.ININ.ft., .111 281 At° 1) 1 . Tinid. • i t 7 —12 i S-C\*4\-1= TR 2 ....,' Aill Milliiiita 111 I 11111-T.I.I.m.•■=-. r 0 Nc SUR laillawm111„, / Ti li lop 4 TR 5A =lir I ; .. 0 il lir 1 : 5 . 14 le 11+-.,,,,, . 1 iik144, . TAM ins .- • -.. ., )Si% m . ,_• • • IS 3E3 12 3 . — , D 6.15 LC 1 . .t •6. , Sq) t . • lie I t titDON AI-6 1 i i . .. ,-• - - - - - ..--.'" —I z - A-1013 (1 .:1-• • ,2,'"- t Ell TRACT MAP • _ _ .:. . Ti 21 2 le • ,. .- : . . - 1 TBS2Z I 11E1 .12) . . . . . .. _ !S9 la I 2A . 30R 1..043 ® • 4 1.08 AC • A, ` .53 AC 4 RK oil -5, .. -- 3 tf IIII'mml D . , , .987 0 ,,,, 1R BA SW° �� . .169 O — � \ 58 I • 2.32 0 4R2R1s < — 3 .015 0 — � ? a r TEXAS �+ 2R 0 NATIONAL i • :.634 AC m j p. BANK c Z �*! I 4595cliff --i / 1.835 AC i 1 0 rigL�j r4,i "C311 �+ G. HOUDEK / 13021PC\ trA lfr . \ <<, I , NO S1ER G. HOUDEK i ,CIIII , , U RVE 4 .,• I 8 4). 4R2R3 A 7"?j 9.6527 0 i „C_3„ s I 6 El "3 22 1.11 AC .S '71--)), cn W I 11 `r' kC PI .55 AC , /�1 R2 �� I .0132 ®� —fir I1R1 RIA� g I 2 I D 1s 381 kC 1.26 AC , E I VI N pA K 3 BAN I PE l 6� .E 2.68 O c ) a GRA ,�6o CLE .. ItAB I ADJACENT OWNERS " 1.4144 0 I AND ZONING N 1 1 1. ' i i ; Cy it O 1.7295 0, • • _.. _ .... ._ • a 1 S I O• ..,...,v1-1.';`,........--.:,e.-*. - •. -- 7.—1--jj-"—LILL 17--—''-• - 1----1 I •••!.' fr..:-.,. ,1 \ \�— \ .4 - ter; 1.•.1 I._: I .:�; li_ I / 11 . • % • It' \\\ rr -•.r• O t ____ •%_.••...... •..•...•n 4..1�..•.-•_ 1 f ..rc—II - — 4'• •y..• q_ t• 1 • •a .l. I r a • CFI. Ad.iii-. '_._.:1.. i I,+:i "'V -i 91 ... �...�:` ' 7 i ' /I% 9 �1 it GM.. r• I I . i ! ;„K07•'4 VIAKNau46 1 - i �j Z Z i .�I a co •11. 3 Con,,... g g MONUMENT' SIGMA _. I v 1' c."•' •} • • l/4 /'�� 'Q .LF•, . 1i•1T • •! s• v.:• w%.• J. • •t/ ...• w• • •.•1'-.• 11... «'-•• (..'v 61414..../. O m ,..a.... ••••1.•.. .•....•••••-94 ] I • 4 • jj 1 { j • t ( • • ^ .I •,l;•�:4. a • ":"1- .,' ll lit II :. --r-...: .. .....4 ..• ., MIItJ.4 0,011.140005 Ym34.49 .CR Mg. I 11t •• ..:4 .. /- ' .iILIIt1L I. � \ f r'r.+-� '.'-•. /. i I► `nnniCOAKIL.. ivo NM NB I:_li I -1.1�•'+ I ri'— f....if:.:,.t.• a: - y/�.•;sr I�O11Ro.at wm•.o N4111 L.e I ` "''t •``• �• r . F•+1 In wALEM I• I T --r-— T T _ ••�: MOl1aCi: ..001aIMdR1L.0 i , 1- I 1 • - I.a 4.9,9 AI 7M r.•^, y L.. /.�:.' :.)%J�.a. - :.,• ' .r >+va. .!r-M Q O 149149.911 • IION co :•�01•/M• v:;'�. `R.1 SITE PLAN :I TT I IMAM IMM•I1100Mtl1 .n•1 R. •,_ •.r NMI/0.11/.I�VIOiUm MAe MAIM R. Inn .'14••/1-7 ._:'-f f1I--Ii'--A .c• • i•v'•.. si IMAM OA1'b..pfJI IMNMM I0. 1 _ MICR ROWS M•.1d1M1 r c-v.4.1!_a=.C—t>•MMI.!•—.•-.— Y WN MAMA MOM <; �:iJ�-J�:OM M.MOMM:M�.'_:_.� . 0/1Naf01 Ill• +•�1'--_dYLL.MI ME MO=M MIM M•M MM -I 4 • v r •• I I1.Wl.l::-�:JY_M M.a_t•M M MIMM V•�'•=— w':+i MIMS IM O! mL' -,q.::•1 M1_�C.ua.'�MM-:.SOY - • ' /.I rule TI.1•11111D.0111 I.�KJ• L.:�:_Y-a�a�Y::1Y:2a Y-7�2� . .••lae...m o.o• L::_T -9M_M Ma C�OMMMM:1•MM:::S� .I.•O111V•/I �1.:•'L:•I�J�Q.� .AN 1._MM SYMBOL It0Y1 / � 1a/.LwO.m..rm III -7-1. „.-•� P a ■l •..•. .1�� ..,.. •, SL\�.t)\S7 1O�iMu In 1A.OR.•ma • 11M•O.R. 1.r.••YrYM♦o••o•.1»•aY•••oaa IIR�►A110 ` wom • Ii.l.1 R, •I••1.r1••�...♦•••• l•.w/M&•.__..M ly„O • .I.MR. LAC im�i.'••iiNW.941909111011'ra J/ \ �J 4 WOONIra rM1MM ,• //�i % RE^'j SEP 2 1998 .,,�,¢.,..II�. IOI.MIMJIa MY • v.nR. / . . 1•t RAM �� ,}Q•t , W00a•10 00rtlsls•0•Yi• ` ,,•, -,) l -�I .1• u 1m 41ms IIIMLLMa YIa r_1T)W-Uri • 111MF.MICA/ 11 VINO 1� r'1 V L_1■ Ili. .7© 4.Fl PLIC MIL 19 MI cairn' p L:'••!�ll.:l:•Ia11M.,.MIM M MP a M.:M�I.MM 11M • • .. - I:.::.JI•-1:..• :-.1•MMM.=Mat•MMI,1 1 • •• • , - . • . 1.1••• •••• • • •a •0• yearn W. - , • LAC M • G..IIo YA88-9oa $P-1. •-SITE EXHIBIT 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 ,...._x_...,,,. •-�°'--v'�:-..._.. :.;�o...._w.w....". .,..,�� :;:.....:�.<.,,...::a�..�z.i5_'T.,," �'.7.,,alv...�*r...; l,.r_�'�M2;: �.`.u-....a:,Y�<. *�t.- „ -4.`ta,a�.-'G..;. -•s:l A glides 4"5,46Y44:4 4547 Plal Recoaii,Tai ant Co {��y.Ne as� ribber rap r Am- afel iTX0 at. e ..... �.m.cx::.a'Y+Tw...._.s..—u�.b�+:.<«,...........r rmL.v.�+:�..+.a.."»'�.e3:i"7wn°.,...L:ewuvail:iAu...�'3^ '•/.:.�4 'i53S.a�."0�'.�e1:Lsba:•'..'°wk,.ax§h.�L�w�+"�'YL'�3:a'a}a zLs' 7�' �S3'7.3dTfii 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 S . _ _ _ 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" Lot-9 3lock SoutfilaletBankwPla-6 an.additie l oTtfielei:tY o£�`SouthlT lt_6. Arran Gbun - . '_^ �.��_��.",,.:.: i» "Yak�-'�.e�.:.s»:..:�' `w-,. !;ln J�=.�a�.14.k- _ 5wy.,,b v,��, Texas""accoidiri to fhe 1afiiecorded in Cal3in" Sh' es:45 6 nd,4547 Plaf ec g=��...;.��P.,.:,: ...��.,..�..=s.�::,�:::�",��,•�.�,",�. �..� ��,4n-�:.;�� .. _`_� County,Te a-P-T adieing a oa imatel (0;aere • • • L:\COMDEV\WP-FILE1)RES-ORD\98-69ALC.SUP • rir,Q • • • ''li t' IV pd. co o rh ►•• .... • • , :$ • rcrn�fH.. .. ,., Z 1/40 • 01 . d -r-.ir------- .7i. . . . , , ___,. _ -14.4.7 \ ,) , - - =lr ----.-rt... _I_i__ i - i 1 Ji I I I nI I. � 11 11 �w ,-•..-. :.. I I 11; i •� •( •1 l7�- 4��1 i I_/.\ I, .• I•�'; �� '6k !ili - ' . ,.4 _ --- — �T -r,. it \;;;1�/ ' ' MONUMENT SIGN I .i ; 1 1 -- ... ` . _a. I •�1 • ':•• t • 2 8 `7 • .-........ ......... .. .... -�y ::vr ,l.f _.r.�r__-{�.�— �..::, ,r•i _.'M..•-' r �/;{;�� " Yr-• rri ":.- .... • I 1 - ( T __..," ?�• fry/•6 !{:1 • , , .,............,... ,t. „.. ii... ,,,,:;, ,,,, ,.:,. ,___. .. ,./: 0 4d .4 _c,, , ,,, .Ne• .1..; :;.7_, ---,-,:- . ed I I - t Col • io ,...,, g .,.. ' � '~-' \— - —t- _,.:mor ® - 10 • ' - - r :L y ., -�- _— SITE PLAN ,2 1 �� CI morwmortillill... 0-1 COIL.=^--.1ar �— ® OPPOIIIi0 F. ^�——.-- ' • m r_ mur.r.a�te ....... srx.m -I''hrCL1�!E7]Ic9 �•=-dfl - I.:stJ�:7tm �=1�'> IJ W . � . _ T % I , • WI/UM .e. a IC CA !A NW .-. -ir. .r r= • wa .w�amwWYp.wnr wNMr. 1 — .,.uq�w-m .r..-..»-r�r...�r. = ram w. REM 1998 """ SP-1 l• _ .c, osaso. i, 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. L:\COMDEV\WP-FILES\MEMO\98CASES\98-108SP.WPD U ' ffi71 8? . si iR.D.PRI 1 ��..� • • .. ;,-. . Ilk e t ..,b is e s lc I! R, rri ,1 . . . .,„ , . 1, . i . I 1 7B2 381 A< 111, 1 • e 1 1562 AC 16�6C 1 , , W.MEDW ' I ILI, 1111.MIL W.H.PEA A-1 , 1 1 - , ` T I 2 3A SURVEY,�e` 4a A-1045D .1 9jrra :, 1 1 Ij 1 IIt 4 o't51--- --- W.H.PEA S<rRVEY A-2o25 J. NR - • -•• A-742 ,. �`.:- \\ W4111 Cl --t—. _ 75:1—W ---- -----__ _ • 0 r,s n —101151:161. 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I '1, PREVIOUSLY APPROVED DEVELOPMENT PLAN • 1✓ .U , „ 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 L:trees/dre98/98-108 ' ' r .. . . . . • . . 0 la; . , •, . , T.. . . • . „ . . . • • . ,,. ..._...-- . L...! ____-\__________ „ _„..„.._:z-_____//___„_:,. ..__ ___:,_.....___________________.2,.. \. . •‘k Ze . ,.;'';!; :,'";r..• ' .5..k\• .. .-., . • . • , --., - 2 . . O. . • , 1.,,.. , -,.. • , , . ,.. - f,..,'-,'sliiirli.%",' :,il ..-i-,-,;.-, '', . 7 — ,•!..,•,. • • •, 1 -----„,„ , ‘'f07,;/;:.",:iii .11/1". .' 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'.::',-;,* :-.;,, ,.., :-.—'-'1`7::::'.'.• ',.',,,,... : '. )CT 1 2 1998 . - , -.---. , .. ..7.,..-i-,...4. ... ..,, .,`; ''.•'.....• • • , '. ,. ,- . . . . .. • - , . . . . .),' . • • . . • P: 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. L:\COMDEV\WP-FILES\MEMO\98CASES\98-109SP.WPD S . . _ "I& -( r r. Pirr' . k • V 7A 1Y7 W :., 9 i 1Y 338511C • d x R.D.PRI - si�ivY a-s • sY1.•1 e . „... 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TR 1A3 1 I N .04)) \ 1�7A .537 O 11 \ .63 I 1I • _ `•\ li 20.1520 1A , vol. ,, 1I .�550 ,\ / \:: y • \ TR �`1.66 AC MAGUIRE THOMAS PARTNERS . i� - r I 2 M j1Y'" ,' • I •W s°�� No �IMIIIIININ g1 f d� PROJECT SITE I M "NR—PUD" STD'`' jTj�N ;_ 1 W t1 LOT BOUNDARY ' ;^ . �y t�6�89� illinallin J J 1 '• \ • • •` I.. I oat • •\-l•.......�1 1 FDDD \•\ BLyD. \ '--. 1 lc.:i5 MAGUIRE THOMAS PARTNERS \• • 1R 1 ADJACENT OWNERS "NR—PUD" j �/ • I AND ZONING \ _ j 1 1, • • 1 y � 1 +t'it a•i'.JK ,n. ,r 43'y��y '�•' 3.' ... .• t'i ..,..... 4041/4fii,%0. 140 IN...42.111111111h". k I. ��II� 1.3101 / 71-••••Wy.... ..„ • \ FiJRFEo� aRsrr • IS •\ _ DEVELOPMENT PLAN i ��.'L��11��1.^1� -� . FUTIIE EVVELCPLBIT �\ •IOO�Ip.•1�1.YL.,A.)mII.I Q.no,aa `; '�' -uo , TV;. r.1o"'u'o°e iuo a"`i'm�i L gym.. - - ---_T....:r ar,eT-. •N ____ •—--_------ .nm.ynm...1.ma 0.•.3113 land,>y Tl..• \ `••-•.^ -_ -.m>t .tilt ....n `iMM.' 1 9.1 . 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',S k.r',..' 1. ,1;4! ,.., ��:r•: .i I.r. tt t..`!,:CS�,r.{Sj,`,:r. : r tj,.,.r; ge t'� r..: , r�r.ri;C,L„'1:r 1;C.'"YT.ft.G�' :rr.�V,-;4 •?'. ; . . ._., ..f. :t.,'• , ...., • 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 . , ?U-(o BUILDING INSPECTIONS L:trees/dre98/98-109 • • • I I • •L� ,. , �\ `.\/�/ fit• k. • I / e. k\ ; r \ti / t J` , , L m+�mnr l ��` '-� Q. . ' � i I gel<� f • �= ■ ■ _ 4 \ -yf_� auras cIecaa runuc mr • . •-I. No flit.: .: � ;> : .t=am_, • . T nS:ya.Z.J1 r., '1� .•N• I;`�."`- , ,ham: y i+• `•��. /:,. ' 11;I• . '' '... !•. A : \\ \, Lt.r.N.r..'"'1".•"'"1...1:—--• 152311 � • -•J�; I t7 < 'TL '_ ( '• O -' :Jr i ;, • i •g `� �. '' ""4 lc;. i +'_ ... G 1.31.12 r 1 _Ism > • —• _ a 31(313493,110.41.141114.1161.11. IP ATJCIIO, PEW.@ t9wUCE roT .of L ri]rt(lyTArri 1 - _ _ r - •STp�Iu�T, N.tDO L. .ig(wT. i L.G m m5 t9 SPACES 110.4l lM S.I. 1 O... 4000 SI. a K min Si PMMam([KRxOx SPACES rXOOO a.11 R 1]It( 0.•JJ V rolr: waa•o v. .,wscwc(ednt a.ea Jc(],]f1.1.•ss •oe m71.o-a+u f E....P. (WA,am. r TOM srz co.wxa.nJ.000ir n.]r5.nnr t-Ilo w PE.. k 5m m a5 noel,u..a or ow rx.rxxu ...LW -�' ,Y:7 I` A' H,pcJy p.A lolk OPEN SPACE. .72713 s1/l.l)5.1.25f. ,x .,tp•„G _x nnµ n �'^� .oCO(w.5t•k prxrrnrnrt of aP�rlrn.rr JCI]a towc On'x-xtx�u POo • . rnr '�' - Pw Pxc Unts x rcsra.iwx x •cCS ��•w m'RA¢xrtx USOOO if. ! 5>a<nw y • cxWHlt tl['•ll . - ••. j 'C i.•.IT• ;carttana. ASCO Se 0T39 Or tars VIA • SPEW...�n• xcA...Pow. 41, a om Sl 5 m. /95 3 'x ^ "x i aa.om iI./i]r:iu Sr , I P CrotC;SP.4 0 5 ].N{ .r• • r.NCT b uN-�o �. i 2 1998 Y y5 =Mi t t S ;} • Z . 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 • - . • • V ' 8al •' 8a � 91i 35654 LC • • . — : .� R.D.PR k ,.,, F Sl2VHY ife • T om . i, I qua / I • I • II r' 131, I TR= • , I '= 1562 AC 1 163 It 1 W.MEDLIN ] I I 1 W.MIL 1 W.H.PEA SURvLr j - _ 1 .. S3A I 1a ;1- is A-1045D I 1, - 1 '' 11;9 :1 I 11 I • 114 I r 1 i8 1 1 W.I-1 E/'1 �p A-742 r � Y 4I SURVEY A-2025 J.PE R • - -, �Q\� w. _ p , --- = , 4 CM___ I ---__tor....._.rt.v_514..„5, i8 311 TR • 1i 1 4d15 AC TR 212 1 to 1 T31A1 I £ROJECTSITEI 131152 Ac 722 AC , i J; 1$3 , 1 b 1 ZU�.MTI 1 I. 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',..:....:..,: ....-,'.....;:I .,..,'• ... . .2. . , , ,,._.. :,-----c1J-il..tit,'-,,,'..,?.e....,--, .',i.4...e :-...;! .,',-;;:;: •.,-;',..',-..'N,.;::iii1.!---,-: ffe.e.,-;,--:.(1„t 7.60:::.;,'JO,,:c1,:::.',:.',„-,-, ,',..-,,i-;'.:; It'.';;;(-. .-:,1,',,'J.1,,,,•;';•_::,t,:,.: ,,i'..t..::: -..,s.,t:',1tr,,-?, e,',,-s=%''..':-..4. :;,:r: ':.-,..:;','t:--...,-.:\!':...=i,',t:,-,',-!-,',::,-,,,• I PREVIOUSLY APPROVED DEVELOPMENT PLAN tgrm ?Tr-7-- •-; ..- V , 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 1& a ,.. 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 L:trees/dre98/98-109 p, • . • • .... • , • • . , •I II: I • S. ./ ••: -•• I r-ly * .. ------------------- - •••••••••il 1 C: , : •11. / i.' ''''''''''''' Z‘!••„.>• • \::41Z! 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IMO]L. ......r. 3.2 At mt..sr I OM.rilIG 1.002 II 2...0SC0.(.00 21...AL.(2.25.0.•Sr ENONEER :1 - 1.4110-0.00,02.0(2.000). nos...as .•,,,,, IMAM, r. p ..0 po (FIAT 100 TOT.SIM CONLIAG2.202.0n,13.272.712S, H1_117-ZDLIARS MEDAitiMilicontlifia..11,RA if g ....... ,,•,,,,,,,,A", TOT.WO SPACE. 22,2712 sr/3.215.11SIF "'''''-'1:F:1; „'I'i.'7'''''"'"""'..''''' ''• 2 p.OtCAP LAM USE DES,C.Al.• .1 i ....0,CAP 11•003 S r ...0:1001 gl. TOT.wag.C.,LOTS rm.CO.S111.1100 /39 a=M.. .0.01....-to ..••• TOTAL 81.....SF. loos...as ,.,,, to.s.000 SE/2.272.712 sr . '.... -I.: .! .• ; 1 2 1998 : ,0,COOK,SPKES 0 YAMS .RIM. . • % i S 0,COW.,WAILS. 0. •• .• -7 'IT=. . ,'7.............',''...,...'A eZ,..•• '-T.:-•-- '' ;"'-‘•..":' .. .,.....',4,:T,..12' A...:r .;• T., P.' !s, ; • '.' . '. . - , .• - 1. ,,,,... . , ,,...„ :,...., ,••....,:..14 l',2J0*,:„_14.:,,,I..-....: . .,. .. '•..,r". •,'7, ,....'..' ." "?' •- %.2., 1•••-• ... 'i • ' .. 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. • joieSK • ' I 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. • t 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 • 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 0 . • 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 • J Ordinance No. 718 Page 4 of 11 H � LQ 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 s Ordinance No. 718 Page 5 of 11 • 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, • Ordinance No. 718 Page 6 of 11 r° 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; • 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 • Ordinance No. 718 Page 8 of 11 /4 -icy IPPP • 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 S 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. • Ordinance No. 718 Page 10 of 11 i U • 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 1110 Qrdinance No. 718 Page 11 of 11 )(1H -13 i prPF— 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. 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. / SK,/ S ... __ 0 ' - \ P F° 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. i 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. • Millennium Cable Television Franchise - 1 - City of Southlake,Texas r (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 • Millennium Cable Television Franchise -2- City of Southlake,Texas • 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. • 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. • 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 t (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 Pilj — - __ (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 rn —n (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. - S Millennium Cable Television Franchise -7- City of Southlake,Texas `,-- n) -lo , • (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. S 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. • Millennium Cable Television Franchise - 10- City of Southlake,Texas n 11 - (b) Excavation and Restoration. • (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 • 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, S Millennium Cable Television Franchise - 11 - City of'Southlake,Texas ppm,- (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 • lipPV SEP-11-199e 1 19 Lr1.1 FI?M 817 3✓2 4740 P.03✓09 iir#WieW4L.7ekie0t•••--IARAIWAX6e- 44-YErriti146140EP.TataigalcifiaaltittaliIW-RWAPAC44441409gyr5NPAWV.-.k. ,e-v-,-.:-.•:,,- ,'-.-1'..'''.'•-.:.;• .• '.:,---'`,,. 11241-k 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 n1-4 r-11-177a 1G•.'t.7 u .4 r1P.M $1( �JG 4". 7 r.4?t;/89 ippirc •ro -:tmi 3?.a-v..4.p..e-salkEr.a fir. ..riy+f�t+:i$2' .F 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 .. _��. �_-_. . ..-,I at' .).7c .4(-40 r.lTr/ 19 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 qJ-- ri -11-1998 12:22 I_P&J F I P.l1 817 332 4740 P.08i09 PrilrEP 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: 410 kaosigiacedia.thwintionie Pap 6 -_... . . --- O • ., • ______..._ Ii i u III 1_, IIIII iiiif III . I i 1 II 1.1 - 11.:1..11.11_I I I I I I I I 1 • m ri O I 111111111 I � m w � cr -{ CD rD CD C• i l �� I �� IIIi►11111�1111�11 x. �, oLII, I 1 11n CO = 0 cr 1 I� 1 .1 o� s O —• ara _ \w,\ ,. , .,,. 11( „ , , ,,,,,, ,.,,_.....,„_. , . . . . m eD ..- \\\":\\\ 3 -< C 0 > \ L CI. rD x 3 HIlL L12 _ _ Randol Mill — �• � �"' I 1, 1 {f 1 1 }I III, 1 11 1 11� 1 1- I! I 17 1 71 7 I II 1 pa am mai y.. I I 11 -,I,\\,k„, ►I I I I ' li�j_. • I �'I �II. ., r,lf 11 1 1 -. l • rII,II►I I► � � , , � I , I 1 IA O * Xmi \Ill;lll�\ , \ 11 1 1 1 111111 i ;�- I ; , I I ,. 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I ' 'j Zit i I 1 I I ) (( `,' 1.,:\ ) '1./ i 1 l(l O) I 1, , J 1 , 1 I I \, I Ii \ 1 ' I ,,!1 ,\ 1 1 � '�; 1 ' •! "i,;;11111,/I',,,[,t',11,„- I 1 I . ,1.1�._, I I' l „Shad„y �aks;.1.I ,� �1 4 .. llFr June 8, 1998 The ' gai 0 .,. . ..„„ a ' • . • . , • ., ,..,,_,,, .............. .., . . : . .. • . . . . . . • _ . . . . . . . . . . • . . :, . . . . . , . l .r 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. L:\COMDEV\WP-FILES\MEMO\98CASES\98-110PP.WPD • Aim -00"-Filitimer 111, 1111111111101114 . mor1111111 11111111001r es, • . Ste lwa al% s ,, \ .‘ - 0 tieg,,,, fii IT• ia........1 •volt Tir• „AI , .. isito wow : 11SAINIVIIII"Is re0110. . \ ' :.:,. '• -40111: i ; l N is) 1 go so \ . --ANII*411 r ,..1- 11 40,_., • 0 P- Is 16* IO 16,1111 Illeirg 110011"4111166 ili II'S li to . WW1 ..0 • - '.. -sloRT04,, si----- ligorro ,00co rillamoi Asi • • vatio,lim-1/ 1---- agiumM I Wilia - . 'c.._ -ON ril itivisig , k sitisormi itritilltillNI \ fps stis 1,111."--"Eli . ai 11011rYzf- 1 1 NO eai , gs ,...., • at\ 80 ':, -- . 01 . \ 1 -r - i - . •(5- --y. 7 '"Y, .!i tj S. FERTITTA I "SF-1 A" 1 0 q J----'-T.KEEN S. CQXSEY AD .,., 1 1 , f_ tu . t,.21 he-0 1 ----- /A I N 9 F SEE v 313 Z ►» I �p9 Q 0 O g D 2 K i n'' I 00%. 4 Z 3 K O . nlr. i.B to z I - SALYER 8' n R. MCPHERSON I f' ASSOC. , 7 n i . \ 1.586 @. t1 IN • N. SANTIAGO M. RODIGUEZ "SF-1 A„ 3 TR iC1A 11.10k TR2B1 il 4.ti _ _5B T , Fy ® 1 �:9 .0214 F p ), N�A5 5 a �'�� T. CAVE 3FsA I 1.02! : "� '» T. HAITZ SPJ ! stit 1 A/ M `- c� I M "SF-1 A" TR 2B q 1 g - _- �a P. RUE • A. GUTIERREZ 1.5 I • IT. • w 1 '„ "» BA TR 1H I T I. 1.00 1. 19 AC 1 .O AC I R A. KELLY a I cn 3 A o. • ► I- j I r . r• A - - - nc`' "SF-1 A" m . % . F TR 2A 3 TR iAi ��A/�� R 1.0 AC 1.5 06B 11 I "SF-1A" /1l7 TR 1 I D 0 1.00 1. 15 AC 1 eV I " �� cn O. STRAIT I • cn J. KOLDUS � AG t — I — —Go. nO.-No- 3080 — — —I ADJACENT OWNERS _ Tlie Fi I~ C. RHO "AG" 1 " S. "AG" BRAZOS AND ZONING G. BAILEYP. STONE ELECTRIC 'L. HESS 1B3A "SF-1A" t06 MCCAMBRIDGE TA 07 „1 1 w TA till itI • • • 911 ® 0 DATA I CURVE + CK N0. 06r• 0.OJJ3 r An IOM LONG u1 IP.. me..3r 54.10.t 00" 30 m• r N10'3a'3!•w-5e M• I�� ,� 'I, 3r a•40•b.a3• 33.03. 03.r N,I10'00.•-03 3r I 1 I.r I s.(�. rs_1.Ntir.. I N O• •1.•300.2!• 50 1. 11030.N 1,'3r35•c-115 e' I 1 I �"0i.�. I �\r • d . .ar tr Im CO.Ix4.er 1e34r n',3Sw•L-,law I I :n n )1 'r.' QUAIL RUN '�I . .7 33'03•10099 100.r!•13103•N 0794•e-10ia3• 5wr,•a. YOlq W3/R ,j IOL.iparV Iror am e0.110 rr MOS'N avarte•c-3,a30• ""ui1K i3 1 . b I (�-T� -T.err a•w'1.•xl•sr n n• m or Al nar3e•e-et u• 1 n 1 l P 1 !� __ I PROPERTY DESCRIPTION Al.•A']e'399Oa' 1.Or t31 w'n',ern-[-IZp 3Y uCLO.On.nln / Ify I S I 1 '. { 7 im- 1 11 1 �r w'1e�311n!' wn' eo..r N'1.3r29•[-1094' I P.o.e. I- J 1 .r:...... - /°'0�'A.- "'�II y 'I 1 y .Elea'.�".:.: +"...tea o�"...""'"..I�1+.47=.�.` n•a.• . D14!• n3r iu.r N 1ra•c-1!,n• ..r ? .+. _ y s_ �_ t ry I 1 I ..�'a. :�` '-- r-..r J--- i1 3.a�a 1 xl I11 ' � '.51.�..Ir""a.. :G�'.,:�1��;�' ,, I• I II a e ■ e t 1 �n I DI 101. re I J Ff. 'L ':i�ws.`.�'r.•.1••..Me.1.1..r.:.1.mi '7�'I 3 3 --'---"fQ.YY ei�•-�Y OIL / 1 E . '_•_.' e`a,A.I: w r.. �.w i a °u/�%"i�••!d _ t•-�1r3's''a..+"-I_ 7 III ia±��_oo°°T°'ray. 1:11'...:1' Ii aa > • y a 1. V. ♦• •\•_.�1 ` �`_�11 i:o3.r:.vo:'*In',.Nr..n.. -....ram.... bt `-.nor' I • I ti 1 -... Lr w......" .,w , ram. ti � .1_, == ,ulr�r:s��=�=,..= • t% O ..WN► • q;1r -- ram .•n.•.r...awe..•.�....•e�....._!a_..._•_ I3Uo,AwO•af111 :r4 "',A.. ....6 ',`.r�. .l1 :Y QR- r 7 .GENERAL OTE0 jQ_ •., (.. .,, ---1! r ! Iiic he Nu.now Won Ailos t, • nu `ter a _ I any!!• 1 <'• • Al /on I. .t, J...a l( .1 •i-.•�/I � I I.y,..... ___I r �.. /AND USE DATA • 4 --�' /aaq V �y�•_ f• GROSS ABU w 24.2 ACBtl '''' ilrwalm I 1. , I l.r '// /�v' 1••11 f' AO ', I 1 , a D031W 30.4/O N.3 IC _warms IL�y� II • �� 'i ♦ sr•L,) w��n+ 1 1 r ra.om TOT.w.o 3.3.e. . -I I i- " Ih T ` �'�'.•w.� �nr- : MC. I I I �i rova OCA 3vsIDCNnA3.AIL P3AC. y.T% - \ • V. L,o IC•O•Kr1 rem. I M.mDuiaN TON a DOM A 0.3 X. .L` 8 I y{M 1�'`: /. I r - , MAY • .. -L-y I-s.� :a32m MIL iii a. 1 L . - V IliIIwine• • r I T 10M/N b lt ! / I' or 1 �'lr, y„ --.41 iu v.I ' . E. ,;/ ,(ifls0m //{��1 r -� 2ONINc/LUD i�LL e 311[q,..f / 14TI1RLnos D .a- is■' jyU"'( ' • L. PRAWN ZoNroG/1' :r I / .omn 1 oa® ..D.D3>o MOO sr. �[J a P 3ro.: I.-KV ::��. -� "'S N...me-. .i�s. .uolw DMITIa I, ! 3 1 01 r j .�B Al k I- I 7• �D' vI i �/ d`!� DEVELOPMENT SCHEDULE v r, I r 1�p�1`\, ' , .4 % .I 1 ,, 1 �p��. III 1998 �. t(' _D�ex__�, _.-_ , II� ,_r 1 Rgcq ��. 2 8 Unlwownl,n 1 ; 3 D 1 a'+ :.a_i9'a�..••; �.' i F.j ma.••Iw-_ _ `ur ..v...:-•,•..1 Z-- r L- q, •-uljiscr --I-� • - ....•..•- - gym, 0 000cap pg3�irr_ROAO --000 00 o 00000 o 000 •• IKC26w.w-wTa3m �I __ 4u.o«wul.uas a... PRELIMINARY PLAT 1' ..au Ymv� 1 .0 J�~w a.r rrN LTON la .1� la ; so 0HAPILL';=IB6LLJr.. SHELTONWOOD 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 r, 8A-lo . . • . • . • . _ 0 . O.-,• .1,11 1: • . . \--EIS) ilbm 1, CO[R DWI. r .1 o.Ts I. ran,u..w, ,Da oow Q 1 1111 . .. 1 = I 1 I I .,' / 1 - �I�x `R'F'xv_c`>rs`��IHSHITCH • o I n „DLO. .� ' �l' aV.D / �� r • LOG.=„= Iiir'K SF12,gJ��i� I uow200=I,a I Ik, 9 '' \ • -. d T 1 I Ts0!'QIT OOO�DOM -e •r , iA57® r.Da. I F a- •�A..T� ,,1 1,. 1-/.1,V,,AtI I 7 11 .�.."."::= 167:1 ter.."...`°"_ •.. • C79.• ITEMF74YCC•. X9 ._ 1 "D'°" i 11 ad Ion .'.��rr.:�.--�:.r"1'..�rdr`S.-.L-•t::r`. �� -� ..Iin• w� I I. r j �,r.1 ,r 1 [ is �---I 1•a .... I l l • 1[ [ [ [._.�� F 1 / F I L F . 1 F r. J Fl_ti.' �y..-.-ram r:M w.`.�� : i.•a.`n-w.:�.�.._' i 1m.r.'�y v.f t,. p —.I— � -� 111 r -..rr•1...maw... .- �, .{ ; nnT. c°°n '/+•N 'i n' _-l/r �_. II •M.�rnrar-',9, .kl"S'�..1'�=C�`��--"' _ .. y%� _ _• =` .n = .r— ' L1 ndn v um v. •� : ♦ '1 I i / yid \ -1- �� nvl w �•i��-�.'-i ram..:--� LJ_ ri / / `F1 +�iu ,r-fir.--1-:::::,-111 r.1Y1•u •io===r.^ ci?NINw1 NOTES -�i=—i.�-' �\ ` . ' 1J ) ' I I 1� �1� =:a» � - •I. '.r ,u two mu c•auo••. h.1 C'= `� 1g � J'•r L. 'T '1 w--.1,T,r WEIre.::iC==.-.=1:— l.....RMO .c.¢ rrn I lrmrown \ y nay11C P. 1 I4- i ...r•r•r .ar_.r rrrr�.r�.-u-.r-.r NO moon.1�,w nom ,ti.a rs 1 • \ .uu V. • ��V�..�F�rr1..�L►► I I t.._y. UM *. it. \� as 1 '� v 4� •- 1 I ii+. :. • ,ce � NM FS itir �� I L.....P....• r ,r,... I 1 \.:yn •v.•i. I t `v 1 /` C� „-1 I -1_,..r.l.�` ,1 7 - 'J f(� • I I y\.. - �\\• IJND USE DATA _ }'' f L.ir."rc`ii' I y' R I. ill �j4.� � Ii omnwrD.cro PI NC. Ir LL�DLA I F '/ A• / /,�� — 1 1 iIJ TOOL VI® N]K • Orafld /`� // `'•• c ri•w�i. I I ll��f}11L Mk /� - 11 ==,�� I I ' 1�J/I�. / \� '�t u.M'v. " fAat YDW�RIs I ILY.� �/ TOTAL•112. 243 AC. ~arom M•MN IOM Al.LOM,6 NO IBC PA - 4 ..` • I tom . c.v..rs/.' l _=_ ,r� st / • i•r I1 / •I/ I 1 Prow MD La aur� 0. C _ uO.ar'�orcira I I 11IF�( -,• v7 -' 11 1 r 1 taro.,LOT rcr SAN w. U. / F• 1 ' / , !IJLit'i4Z? t I . , " t ODOM La +' , 1 NIA 1 Ns,` I! VIM• ii 11 .F.. _��'�•°uux._�}e(a�.nx=' ill `-� I I j • .>rs.t. • -E- `f-�,...:C •c..,..r;..,.•,n --I _l l _ Of-/�� .aocw•w- •-Nrr.a tea. .. L- sel.�rrw�.ar.�r .]EA7.OF GATED ENTRY . rxD.w rr 1-• '•'°�'y ,`-,-- 4',u'r - - O,=o.40•.R a' PRELII�IITIIARY PLAT - • . �d'r1'irk" , +4- __,,,• 1 r:,�.OM M-way I� 0... jy 1 It.r i i0 • CI a:0-L.Jle. SHELTONWOOD • —C ...�. �'..; :�i i u.hle �/. i i F 1 I �' \� 1 -�+e,-. � I AN ADDmON TO ... 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. ' BUNG A TRACT O►LAND r'„""',-�'� OUF OF THE �.r--_ JOEL AABSi NO. 340 SURVEYVERS PapaCT 131998 - NwN.a a.V G AND THE 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 Into ��rJ� r e72( ( ! L( G1-1-hoU TI(-�Z 11l� . - • d.a 15 00 Dirlici PCO o M( C r114 r-;� Low-�/ proms r�- / Va (tie S) I,e s datraus 1-ot "av5 Corte 4 USe- a vckt )ecM - .,-1a cod . 1 ad j o m i n howt:QS- -{- =-iv cw bvelciAi Address: l 02 I r1 Y' e, M Oft r( V-f2--- • 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 4 --A N,, F 4 11104111p r , 111.\\ \ ior . -,-,,4_ _ _ , • \N W\I/N: F 5 �� No Scale `/06 thl = 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 • 667 N. Carroll Ave. . Southlake,'Texas 76092 . . . . •• • 0 . . . . •`1111 . . • - . 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