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1998-10-06 CC Packet City of Southlake,Texas MEMORANDUM October 2, 1998 TO: Honorable Mayor and Members of City Council FROM: Curtis E. Hawk, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting October 6, 1998 1. Note the CIP Status Report is included under reports. Contact Charlie Thomas if you have questions on this item. The Town Square Status Report prepared by Deputy Director of Public Works Ron Harper is included in your packet under Item No. 4B. If you have any questions, contact Ron Harper, or me. 2. Agenda Item No. 5A. Approval of the Minutes of the Regular City Council meeting • held on September 15, 1998. If you have any changes to the minutes of the regular 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. 3. Agenda Item No. 5B. Ordinance No. 718, 1st 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. The memo in your packet from Assistant City Manager Shana Yelverton details Metricom's request, and the packet provided from Metricom provides you with information about their company and their service. As you can see, their request is to place the small transceivers on the light poles located in city rights-of-way in order to build an infrastructure for wireless communication. Please let Shana know if you have any questions about the - agreement, Metricom, Inc., or the proposed service. 1111 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest October 2, 1998 Page 2 of 32 Note that you will be authorizing them to use our rights-of-way via ordinance, however, the agreement is not yet in our standard, "boiler-plate" ordinance format. We are working on making these changes with Metricom's attorneys who have the electronic file. We will have the boiler plate to give you before Tuesday. 4. Agenda Item No. 5C. Ordinance No. 714, 1st reading, Granting a franchise to Millennium Telcom, L.L.C. for the provision of cable television service within the city. You will recall approving Millennium's telephone franchise on first reading at your last meeting. This cable franchise agreement, as explained in Shana Yelverton's memo, has been negotiated recognizing that it will take some time for Millennium to be fully operational within the city of Southlake. As such, its provisions are less onerous than you would find in a standard cable franchise agreement. The bottom line is that Millennium will not have the benefit of • automatically having thousands of subscribers as Marcus has had due to the virtual "monopoly" they have had. In order to meet the spirit of the Telecommunications Act to promote competition, we have taken the position that we are willing to incrementally impose franchise requirements as their subscriber base expands. The agreement in your packet is not fully developed, however, it contains the primary provisions you need to consider. We are still negotiating the aspects of the agreement which will make it "limited," and will have these details finalized before second reading. This is why you will not yet find an Exhibit A attached to the ordinance. Please call Shana if you have questions about this agreement. 5. Agenda Item No. 5D. Ordinance No. 719, 1st 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. This amendment allows the City of Southlake to adopt Tarrant County's requirements for food Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest IDOctober 2, 1998 Page 3 of 32 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, and will provide a mechanism for the City, through Tarrant County, to ensure food establishments in the City of Southlake follow these important food handling requirements. 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 it to a higher standard. Public Safety Director Billy Campbell will be out of town next week, so feel free to contact Chief Building Official Paul Ward if you have questions regarding this item. 6. Agenda Item No. 5E. Approve City Manager's appointment of Kevin Hugman as Director of Community Services. As we discussed during the budget process, it is my intention to expand the Parks and Recreation Department to include Library Services and the existing Community Services Division into a Community Services Department. Consolidating these operations under one umbrella will ensure efficient management of resources in much the same way as our DPS concept does and provides a mechanism to immediately begin the administrative processes necessary to develop our library program. I'm pleased to recommend your approval of my appointment of Kevin Hugman as Director. It is not often that a City Manager has the opportunity to "try out" a Director, but it is an ideal situation. Kevin has performed as Interim Director of Parks and Recreation for approximately six months and during that time has • demonstrated to me that he has the ability to function very well in this capacity. He F , Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest October 2, 1998 ,111 Page 4 of 32 is detail-oriented, attentive to customer needs, and able to work well with the boards to which he is assigned. I believe the staff in Parks and Recreation is performing at a higher level due to his management, and I know that I can trust him to professionally handle any issues which arise. This item is on the agenda to fulfill the requirements of the Charter, Section 4.01, which says, "The head of each department shall be a chief...who shall be appointed by the City Manager subject to the approval of the Council...." 7. Agenda Item No. 5F. Ordinance No. 716, 1st reading, Establishing a Library Board. As you recall, we brought this draft ordinance to you last meeting. The only change made to that draft was to delete solicitation of gifts and endowments as one of the duties of the Library Board. This function would more appropriately be • performed by an organization such as the Friends of the Library. We have begun accepting applications for this board, and upon approval of second reading of the ordinance, will set up the timetable for City Council to consider appointments. If you have any questions regarding this ordinance, please contact me or Interim Director Kevin Hugman. 8. Agenda Item No. 5G. Award of bid to Sharrock Electric for the installation of a traffic signal at the intersection of F.M. 1709 and Shady Oaks. As noted in the memo from Bob Whitehead, the low bid for this item is well below the $100,000 estimated in the CIP budget. Staff recommends awarding the bid to Sharrock Electric for the installation of the traffic signal at Shady Oaks and FM 1709. 9. Agenda Item No. 5H. Request for Sign variance for a special purpose sign for Southlake Newcomer's Club. The Southlake Newcomer's Club is requesting 'a • variance to the sign ordinance to advertise for their Holiday Home Tour. The Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest • October 2, 1998 Page 5 of 32 current sign ordinance does not allow enough space to properly convey the information needed to advertise for the special event. The newly adopted sign ordinance has reduced the size of special purpose signs from 50 square feet to 4 square feet. This significant change in size requirements is a result of the change in categories from freestanding signs to ground signs. Special purpose signs are usually used to advertise special events such as fund raising projects and typically include a large amount of information. The Newcomer's Club purchased their signs in August prior to applying for a sign permit and prior to the effective date of the new ordinance. The signs provide information regarding the event, how to obtain tickets, names of sponsors, etc. The volume of pertinent information requested for this sign cannot be placed on the size of sign legislated under the new ordinance. Although.the exact placement of these • signs has not been determined, the Newcomer's Club plans to place the temporary signs along Southlake Boulevard and Highway 114. Please note that in the past two weeks Chuck Bloomberg has received two variance requests for special purpose signs. At the City Council's direction, we can revisit this section of the sign ordinance to provide for exceptions to the ground sign category to allow for special purpose signs. Please contact Paul Ward or Plans Examiner Chuck Bloomberg with questions concerning this item. 10.Agenda Item No. 5I. Award of bid to Reynold's Asphalt and Construction for the realignment of North Carroll Avenue at F.M. 1709. Note that the low bid on this project was slightly more than the budgeted amount (1.2%), which may be IIIattributable to the fact that we are going to make the contractor work around traffic Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest October 2, 1998 Page 6 of 32 as opposed to closing the road. In any case, staff is recommending that we move forward at this time. We believe timing is good, given that the South Carroll construction of half of the ultimate cross section by Versailles is underway and the connection to Brumlow through Timarron's property has been accomplished. Although it will not be a "straight shot," motorists will be able to conveniently travel on Carroll through Southlake to Highway 26. Funds for this project were originally included in the road bond program, however, the project was delayed due to Council's interest in waiting until the property to the east (now Southlake Town Square) was platted and developed. By doing so, right- of-way would be dedicated and we would not incur that expense. The ROW has now been dedicated and the realignment has been designed. • Funds for this project will initially come from several sources, however, keep in mind that costs for this project will be reimbursed through the TIF, since the project has been listed in the TIRZ project plan. For these reasons, staff feels it is appropriate to move forward with the project at this time. Questions about the project should be directed to Deputy Director of Public Works Ron Harper. 11.Agenda Item No. 5J. Authorize the Mayor to enter into a professional services agreement with Cheatham and Associates for the engineering and design of North White Chapel Boulevard from the county line to Lake Grapevine. This agreement will allow for the City to proceed with the design and development of construction plans for the portion of North White Chapel Boulevard between the county line and Lake Grapevine. The reconstruction of N. White Chapel from Dove Road to the • county line is currently underway. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest October 2, 1998 Page 7 of 32 At the September 15, 1998 meeting, the City Council directed staff to obtain additional proposals for the engineering services with a stipulation of a more aggressive construction schedule. The goal is for construction to be completed prior to the spring soccer season. Staff recommends Cheatham and Associates because their recent engineering and surveying work completed in the area will help expedite the preparation of plans and provide increased insight into the drainage needs in the area. Cheatham and Associates will, in the preparation of the bid specifications, explore the possibility of incorporating a monetary incentive to the successful bidder, to ensure construction is completed before March, 1999. • As stated in the memo from Charlie Thomas, there is $340,000 allocated for the engineering and construction of this project in the FY 1998-99 CIP budget. The recent cost estimate for the project is $360,000. The CIP budget will be revised to allocate $400,000 for this project, which will account for the engineering ($32,850), construction and construction testing costs. Please contact Deputy Director of Public Works Charlie Thomas if you have any questions regarding this item. 12.Agenda Item No. 5K. Award of bid to Saber Development Corporation for the extension of sanitary sewer to the Sabre Building in the MTP=IBM Addition No. 1. The memo from Bob Whitehead provides the historical background of water and sewer provision -for-the-MTP-IBM buildings. --The- City-now has the -ability to- - - - provide water and sewer service to the Solana complex since the 12-inch water line • has been installed within the Kirkwood Addition, and the N-1 sewer line and TRA lift station have been completed. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest • October 2, 1998 Page 8 of 32 The estimated cost for the sewer connection was $20,000. The low bid came in at $21,700. Funds for the project will be provided from the wastewater utility fund. 13.Agenda Item No. 5L. Ordinance No. 723, 1st. 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. We had intended to make these changes following the last school year, but as with other things, more pressing issues pushed this project back. Now that we have begun a new school year, we want to make the ordinance reflective of the process and objectives of the youth involved in SYAC. If you have any questions regarding SYAC or their activities, • please feel free to contact Community Services Coordinator Courtney Queen.(see item No. 40 below). 14. Agenda Item No. 5M. Award of bid to McWilliams Enterprises, Inc. for Bid Package #3 (facilities) for Bicentennial Park Expansion Phase II. The memo in your packet from Kevin Hugman discusses the bids received for Package #3. As he notes, the increased size of the pro shop facility resulted in bids higher than the budgeted amount, although the cost per square foot for the building is approximately $40 per square foot lower than expected. Savings over the budgeted amount for the restroom will help offset the pro shop costs, resulting in a cost for both facilities that is $32,509 above the total budgeted amount. SPDC approved award of bid to McWilliams Enterprises, Inc. at its meeting on Monday, September 28. Please feel free to call Kevin Hugman or Park Planning and Construction Superintendent Ben Henry with questions about this item. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest 1111 October 2, 1998 Page 9 of 32 15. Agenda Item No. 5N. Approve the revised Parks and Recreation Department Donation Policy, providing for the donation of trees as a memorial. As noted in the memo from Kevin Hugman, the idea of a program whereby citizens or others could donate a tree to the City in memoriam of someone, was initiated by Park Board member Sherry Berman at the August Board meeting. Individuals, businesses or organizations could donate trees to be planted in City parks as a memorial to a loved one. Since there was already an existing donation policy, staff incorporated wording for a memorial tree program into this policy. The Park Board recommended approval of the revised policy at its September 14, 1998 meeting. If you have any questions regarding this policy, please contact Kevin Hugman. 16.Agenda Item No. 50. Approve the Park Board recommendation to name Bicentennial Park loop road "Bicentennial Drive." Approval of agenda item • number 5M will allow us to begin construction of a- tennis pro shop and restroom/storage facility at Bicentennial Park. As we move forward on this phase and construct more of the park loop road, we need to consider naming the road in order to properly address those facilities. As noted by Kevin Hugman, the facilities will be located some distance from North White Chapel, so a street address of "North White Chapel" can be confusing to Department of Public Safety personnel who may have to respond to an emergency. By naming the loop road, we can create street addresses that provide a better location description to emergency personnel, as well as the public at large. Also, since this road will eventually be the only road access into the park, North White Chapel would not be appropriate. At its September 14, 1998 meeting, the Park Board recommended naming the loop road "Bicentennial Drive." 17.Agenda Item Nos. 5P, 5Q, and 5R. Approval of FY 1998-99 Scope of Services • agreements with GRACE, Lake Cities Community Band, and Northeast Tarrant Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest • October 2, 1998 Page 10 of 32 Arts Council. As mentioned during the budget work sessions, we have these scope of services agreements with the various community service provider organizations to delineate the benefits the City receives in exchange for the funding provided. As noted in the memo from Community Services Coordinator Courtney Queen, the agreements for GRACE and the Lake Cities Community Band are the same as last year and have been reviewed by the appropriate representatives of those organizations. The agreement with the Northeast Tarrant Arts Council (NETAC) is currently being reviewed by its staff, and we expect to have their comments prior to your meeting Tuesday night. We do not anticipate any concerns on their part. The amounts stipulated in the agreements are as approved in the FY 1998-99 budget. 18.Agenda Item No. 5S. Approve Ethics Statements for City-sponsored youth recreation programs. We have all seen the proliferation of poor behavior in • sporting events, at all levels including youth league games. •These ethics statements are an attempt to remind everyone involved in the City-sponsored youth sports programs of the importance of good sportsmanship and behavior, the philosophy that recreational sports are meant to be positive experiences and fun, and the expectation of fair and equitable treatment of all participants. The Park Board requested a statement be added to discourage vandalism and approved the statements with this change. Feel free to contact Kevin Hugman or Recreation Supervisor Kathy Schaeffer if you have any questions. 19.Agenda Item No. 5T. ZA 98-099, Plat Revision for Proposed Lot 34, Block B, Hart Industrial Park. The purpose of this request is to combine three lots and the unconstructed right-of-way of Hart Court into a single lot. According to the City - -- - - -- ----- - --- Attorney, the right-of-way for Hart Court can be abandoned by this plat revision since no street has been constructed within the right-of-way. There are no • unresolved issues regarding this request. On September 17, 1998, the Planning and Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest • October 2, 1998 Page 11 of 32 Zoning Commission recommended approval (7-0) subject to the Plat Review. Feel free to contact Dennis Killough should you have any questions. 20. Agenda Item No. 5U. Ordinance No. 721, 1S` 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. • 21.Agenda Item No. 5V. Authorization to advertise for bids for the repair of concrete street pavement on Creekway Bend in Timarron, Phase I: This item is coming forward to you because it has been almost a year since the slurry grouting treatment was conducted on Creekway Bend. As noted in Bob Whitehead's memo, the project was completed in February 1998 and, to date, the grouting appears to have stopped any additional settling of the pavement. As such, it is appropriate to move forward with repairing the street. Staff estimates the cost of the job at $331,000. Almost $497,000 remains in the CIP budget to address this project. Your approval of this item will allow us to seek bids to address the concrete street pavement. Note that the topic of street failures in the remainder of Timarron, and other subdivisions, will be addressed at your special meeting on October 13. This will give us the opportunity to discuss the issues in detail and get direction from you as to how we should proceed on the remaining problems. 0 Questions about this item should be directed to Bob Whitehead. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest October 2, 1998 Page 12 of 32 22. Agenda Item No. 5W. ZA 98-100, Plat Revision for Proposed Lots 5R1 and 5R2, Block 1, Commerce Business Park. This site currently exists as a single 1.34 acre lot with an existing building on the east portion of the lot. The purpose of this request is to subdivide property into two lots for financing purposes in order to construct a second building on the site. All requirements of the subdivision ordinance have been met. There are no unresolved issues with this request. On September 17, 1998, the Planning and Zoning Commission recommended approval (7-0) subject to the Plat Review. Feel free to contact Dennis Killough should you have any questions. 23.Agenda Item No. 5X. Authorize the Mayor to enter into a professional services agreement with David Schwarz/Architectural Services for the design of Town Hall. 111/ Agenda Item No. 5Y. Authorize the Mayor to enter into. a professional services agreement with Urban Architecture for the design of Town Hall. The City Council authorized staff to negotiate a contract with Urban Architecture and David Schwarz/Architectural Services for design services for the Town Hall. Selecting the two firms for this project will ensure Town Hall is architecturally designed and developed to fit into the overall design structure of Town Square. David Schwarz Associates, the world-renowned architect, designed the Town Square concept. Acting as the Design Architect, Schwarz Associates' primary involvement in the Town Hall project will be to use their expertise to design the building's exterior appearance and the interior public areas. Schwarz's involvement will ensure the continuity of the vision of Town Hall in Town Square as it develops, and will give us a unique facility that will preserve our contribution to future generations. • Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest S October 2, 1998 Page 13 of 32 Urban Architecture will be the Architect of Record to complete the interior design of Town Hall. They will complete the construction drawings, including preparation of all construction plans, bid documents, and construction period related issues. Ron Harper has been working with the two firms to refme their scope of services and contract documents. The proposed fee for Urban Architecture is $900,000. This fee includes engineering services of the sub-consultants consisting of structural, mechanical, civil, acoustical engineers and landscape architects. Also, this fee includes $190,000 for interior design and fixtures, furnishing and equipment. The City may not require these services from Urban Architecture. They have agreed to cap their reimbursable expenses that are estimated at 10% of the total contract price ($90,000). Items such-as travel, plan reproduction, and courier services will receive City authorization. The proposed fee for Schwarz/Architectural Services is 5.5% of the anticipated construction cost. The current construction estimate for Town Hall is $10 million, which will result in a fee of$550,000 for Schwarz. Reimbursable expenses will be capped at 10% ($55,000) of the basic fee plus travel costs. Schwarz will also be involved in the finalization of the concept plan which will ensure the design of Town Hall fits into overall design concept of Town Square. This will include a not to exceed fee of$50,000. - The total architectural and engineering fees for this project represent 12.6% of the estimated construction cost ($710,000-Urban + $550,000-Schwarz). A typical fee for this type of project using a single architectural firm ranges from 10% to 13% of construction costs. These fees are actually within this range despite the previous discussions that using two firms may increase the costs because different portions of 1111 the project have some overlapping responsibilities. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest • October 2, 1998 Page 14 of 32 The City Attorney has prepared contracts for both firms. Specific language for the two contract are currently being reviewed by the attorneys. No contract will be signed until the attorney for each party agrees to the legal terminology. Please contact Ron Harper or myself if you have any questions regarding these two items. 24. Agenda Item No. 6A. Presentation of recommendation from the Joint Drug and Alcohol Awareness Committee. The Drug and Alcohol Awareness Committee will be presenting their recommendations to the City Council during the October 6 meeting. On Monday, September 21, they presented their recommendations to the C.I.S.D. Board of Trustees. The committee has worked over the past year on • developing these recommendations for the two governing bodies. 25. Agenda Item No. 7A. ZA 98-058, Site Plan for French Square Office Complex. This site is located on the south side of Southlake Boulevard and west of the City Senior Activity Center. On August 6, 1998, the Commission approved the plan (6- 0) with modifications to the Site Plan Review as noted in the Staff Report. There has been an issue that has arisen since the P&Z evaluation. The issue is whether or not the developer has the ability to place the buildings closer to the property lines than was shown on the approved SP2 Concept Plan. During the Concept Plan review the Council waived the requirement for the 4:1 offset but was silent as to the default minimum setback from property lines. It is Karen Gandy's opinion (supported by our City Attorney) that the setbacks by default should be no closer to the property lines than as shown on the approved SP2 concept plan. The applicant tabled their request before the City Council on August 18, 1998, September 1, 1998 and the September 15, 1998 in order to resolve the setback issue. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest • October 2, 1998 Page 15 of 32 The plan before you shows the building setbacks in compliance with the approved Concept Plan. The plan submitted does not show the additional right-of-way dedication along F.M. 1709 for a right turn lane which was required on the Concept Plan. The consultant for the project has determined that there is approximately. 55' of parkway through this section of F.M. 1709. If this is true staff does not think the additional dedication will be necessary. Also, please note that the right-of-way which this site will be accessing (Parkwood Drive) was dedicated as part of the•City Municipal Complex Final Plat. A copy of this plat has been included in the Council's packet for reference. The applicant made a commitment during the approval of their Concept Plan to construct the street for Parkwood Drive. Feel free to contact Dennis Killough should you • have any questions concerning this application. 26.Agenda Item No. 7B. ZA 98-083, Plat Showing of Lots 12, 13, and 14, O.W. Knight No. 899 Addition. This request is the plat for the previous agenda item. The Planning and Zoning Commission recommended approval (6-0) subject to the Plat Review Summary. The only issue concerning the plat is related to the R.O,.W. dedication along 1709 for a right turn lane required on the previously approved Concept Plan. Because this was required on the Concept Plan the-comment to provide the dedication is in the Plat Review Summary. However, if the parkway width is as indicated by the consultant, staff does not feel this dedication will be needed. Feel free to contact Dennis Killough should you have any questions concerning this application. 27.Agenda Item No. 7C. Ordinance No. 480-290, 2nd reading, (ZA 98-094), • Rezoning and Concept Plan for Gateway Plaza. The first reading of this item was Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest October 2, 1998 Page 16 of 32 approved by the City Council (6-0) on September 15, 1998 with amendments noted in the Staff Report. The following changes have been made to the plan since the first reading approval: • Proposed building setback variations (30' along a portion FM 1709 west of the proposed arterial and 30' along a portion of SH 114 for Lot `C'); • Bldg. 9 at the northeast intersection of FM 1709 and the proposed arterial has been indicated as a gas station, which will require processing and approval of a SUP permit; • Distance between arterial street `C' and drive `D' has been reduced from 325'+ to 200'±; • A deceleration lane has been added to Drive `D'; • Drive `E' has been moved 70'± west of alignment with Bank Street; • • Drive `C4' on the south side of the eastportion of the'proposed arterial street P P has been removed; • A screen wall has been added on the west side of Bldg. 8 for truck dock/loading area screening; • Portal entry sign has been added at the intersection of FM 1709 and SH 114. Director Last has discussed the need for an entry portal in the southeast corner of this property with Terry Wilkinson. Terry agreed to work with the City to accommodate a portal location. Staff will work with the developer regarding the size and configuration of the portal prior to the submittal of a site plan for this area. Feel free to contact Dennis Killough should you have any questions concerning this application. _ _ 28.Agenda Item No. 7D. Resolution No. 98-66, ZA 98-096, Specific Use Permit for the Sale of Alcoholic Beverages for On Premise Consumption Per Zoning Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest S October 2, 1998 Page 17 of 32 Ordinance No. 480, Section 45.1 (1). This request is for alcoholic beverage sales for a Japanese sushi restaurant to be located west of Blimpies in the 1709/Southlake Oaks office/retail building. There are no unresolved issues regarding this request. The Planning and Zoning Commission recommended approval of this item (7-0) limiting the permit to the applicant only. Feel free to contact Dennis Killough should you have any questions concerning this application. 29.Agenda Item No. 7E. Resolution No. 98-67, ZA 98-097, Specific Use Permit for Outside Storage per Zoning Ordinance No. 480, Section 45.1 (27), for Public Works Facility. This request is for the outside storage of various materials related to the operations of the City's Public Works Facility. The Concept Plan attached to this request shows the areas of intended outside storage and the proposed future expansion of the facility. The Planning and Zoning Commission recommended Sapproval (7-0) subject to the staff review amended as notedin the staff report. One of the recommended amendments by the Commission was to limit the approval of this plan to the area south of the proposed drainage easement and to include the aggregate storage bins. The area north of the drainage easement and storage bins would require submission of a revised Concept Plan prior to constructing this area. We do need to clarify the extent that we intend to process future phases through the Planning and Zoning/City Council process during your evaluation. The City Council authorized $341,050 from the FY1997-1998 CIP budget for renovations to the Public Works facility. The City Council entered into a professional services agreement with Teague, Nall, and Perkins to design the improvements to the facility and prepare the Concept Plan for the required SUP for outside storage. • Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest • October 2, 1998 Page 18 of 32 In addition to paving the employee/visitor parking lot and area surrounding the fuel facility, the proposed building improvements include the following: installation of brick or masonry façade along the south side of the building; installation of an awning along the west side of the existing building; building an office entrance enclosure; placing a masonry/rod iron fence and landscaping along Continental;,and installing an ADA standard restroom. We will be submitting building plans soon to obtain a building permit to construct the masonry façade, restroom, awning, office entrance enclosure, and the new roof. Attached to my memo is an exhibit that shows the architect's recommended façade to be constructed. Please provide us with your thoughts regarding the building. design. Prior to finalizing the building plans, the City Council will be asked to consider the .facade design. The cost estimates are $200,576 for the renovation Sproject, which are within the budgeted amount. Feel free to contact Dennis Killough should you have any questions concerning this application, or Shawn Poe if you have questions regarding the renovations. 30.Agenda Item No. 7F. Ordinance No. 713, 2nd reading, Granting a franchise to Millennium Telcom, L.L.C. for the provision of telephone service within the city. My memo from your September 11, 1998 packet provided considerable background information on this item, as does the packet memo prepared by Shana Yelverton. A portion of the discussion from my previous memo is inserted below: FYI, the Telecommunications Act of 1996 was designed to remove regulatory -barriers- and encourage competition among all types of communications - - companies. It essentially allows local telephone companies into the long distance, cable television, and phone equipment manufacturing markets, as well as allowing long distance telephone companies, cable operators, cellular providers and others into the local telephone market. The impetus of the Mt Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest • October 2, 1998 Page 19 of 32 was, in a word, competition. Technological advances have created opportunities which are not always compatible with historical laws and regulations. With the enactment of this law, Congress sought to eliminate regulatory requirements that interfere with competition and give providers authority to enter into new markets. The theory is that if competition develops, prices will decrease and service will improve. In considering an agreement with telecom providers, there are two key issues to consider. First, this Act (as well as the 1992 Cable Act) contains provisions which preempt all local laws that prohibit -- or have the effect of prohibiting -- a business from providing telecommunications services. The Telecommunications Act contains a "Barriers to Entry" section which overrides any local requirement which prohibits a business or person from providing any telecommunications services. This limitation also reaches any local law, ordinance or requirement that, while not prohibiting the provision of telecommunications services, has the effect in practice of prohibiting a business from providing such a service. The Courts will ultimately define these parameters, but our city attorneys are operating under the assumption that requirements should generally be consistent for all telecommunications • providers, that is, franchise agreements with new providers should consider our historical treatment of rights-of-way users. Franchise fees are a second area of consideration. As Shana notes in her memo, Millennium has agreed to pay 5% of its gross receipts as compensation for its use of our rights-of-way, which is considered favorable to the City of Southlake. As she notes, 5% is the maximum which can be charged of a cable television provider and, generally, telephone franchises have included compensation requirements of 3-4%. (Note that in recent years Southwestern Bell has and continues to fight the use of a percentage of gross receipts as a method of calculating franchise fees, and has demonstrated it will fight long and hard before ever agreeing to 5%. Our current SWB agreement calls for the payment of a flat fee adjusted annually for growth.) The Act specifically recognizes our ability to require compensation for the use of right-of-way at a reasonable level, as long as our compensation requirements are imposed in a non-discriminatory manner. Given Millennium's willingness to agree to 5%, we feel that the agreement is favorable to the City. The bottom line: we cannot prohibit Millennium-from providing service in our — — -- community and they must be treated similarly to other franchisees. The franchise agreement before you accomplishes these objectives. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest • October 2, 1998 Page 20 of 32 Nothing in the ordinance has changed since first reading. Note that Millennium representatives will be in attendance at the meeting on Tuesday. If you have questions in the meantime, please feel free to call Shana. 31.Agenda Item No. 7G. Ordinance No. 717, 2nd reading, Amending Chapter 18, Article HI, Section 18-79 of the Southlake City Code, designating the speed limit as 25 miles per hour for certain streets. I do not believe there is anything to add to what was said previously in your September 15 memo, as set out below: Note that we are changing the speed limit back to 25 mph for the subdivision streets that we reduced to 24 mph last month. By law, we must do this if we are going to be able to enforce the reduced limit (less than 30mph). Recall that in your August 18, 1998 packet we attached to my memo copies of the key • provisions from the Texas Transportation Code dealing,with traffic laws. To recapitulate, the Code provides that.a:city may alter by ordinance the prima facie speed limits from the results of an engineering and traffic investigation (Sec. 545.356), and that a prima facie speed limit is effective when signs giving notice of the speed limit are erected (Sec. 545.353) (Sec. 545.356), but that unless a special hazard exists that requires a slower speed, the slowest prima facie speed limit is 30 mph (Sec. 545.352). The Texas Transportation Commission has been required to adopt a manual and specifications for a uniform system of traffic-control devices (Sec. 544.001) that govern such devices on public roads. We had not adequately reviewed the manual prior to the last ordinance revision, but we now know the manual provides that (Sec. 2B- 10) "...the speed limits shown shall be in multiples of 5 miles per hour." 32. Agenda Item No. 7H. 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. -A few — - — things have changed since you approved this ordinance on first reading, namely • Exhibit A. Shana's memo explains the reason for the change and points out that, while we are moving forward with the second reading of this item in order to allow Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest • October 2, 1998 Page 21 of 32 ACSI to continue to move forward with the installation of their fiber, a franchise agreement must be negotiated immediately. It turns out that they are planning to serve Solana, which we now contend lies entirely in Southlake. A franchise agreement is the only mechanism by which they can provide telephone services within our municipality. The project manager for ACSI will be in attendance at the meeting in the event.you have questions for him. Feel free to call Shana in the meantime. 33.Agenda Item No. 8A. Ordinance No. 480-BB, 1st reading, Impervious Coverage. Draft 3 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. This ordinance • amendment proposes changes to the maximum lot coverage regulations for the MF- 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. • Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest 1111 October 2, 1998 Page 22 of 32 Maximum impervious coverages for properties zoned I-1 and I-2 are determined by the 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. Should you have questions, please contact Karen Gandy. 34.Agenda Item No. 8B. Ordinance No. 722, 1st reading, Authorizing issuance of Tax Notes for the Crime Control and Prevention District. The packet memo from Lou Ann Heath reviews the budget approved by the District and City Council. The funds are to be used for land acquisition. Contact Lou Ann or Assistant City • Manager Shana Yelverton if you have any questions on this item. 35. Agenda Item No. 9A. Resolution No. 98-68, Establishing a Joint Drug and Alcohol Awareness Committee and appointing City Council representative. This resolution creates a Joint Drug and Alcohol Awareness Committee and allows for the appointment of the City Council representatives. The previous Joint Drug and Alcohol Awareness Committee was formed for one year to develop recommendations for the City Council and CISD Board of Trustees. One of the committee's recommendations was-to create a new committee to implement the recommendations and continue to research the problems of drug and alcohol abuse among the youth. The membership of the committee includes eleven (11) voting members and an unlimited number of sub-committee members. The original Drug_and Alcohol Awareness Committee determined the best potential for developing new and effective initiatives to combat this growing problem is to include all aspects of the • community in this effort. The large make up of the committee was determined to be the best approach to combat this community,wide problem. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest • October 2, 1998 Page 23 of 32 Since it will take great effort and leadership to ensure this large committee stays on task, the resolution provides for a City Council member and a C.I.S.D. board member to co-chair the committee. Please contact Shelli Siemer if you have questions regarding this item. 36.Agenda Item No. 11A. Ordinance No. 537, Smoking Regulations. We are addressing this issue now, before we get many more restaurants building in the city. This item is on you agenda as a discussion item, and it is our plan to bring it back to you for first reading October 20, provided you are able to get to this item on your agenda and provide us some direction. The memo from Shana Yelverton describes some of the issues considered by the group reviewing the ordinance, and she has provided a matrix detailing the provisions of ordinances from other cities. • Chief Building Official Paul Ward, Plans Examiner Chuck Bloomberg, and Building Inspector Larry Kelly worked to develop the recommendation provided regarding ventilation systems in restaurants. These materials have been provided to give us a starting point for discussions. With your direction, we will amend the ordinance expeditiously and have the regulations in place for the new development. Please call Shana, Paul Ward, or Debra Edmondson if you have ideas, comments or questions about this item. Other Items of Interest 37.Joint SPDC / Park Board Meeting. Following the regular SPDC meeting on Monday, September 28, there was a joint meeting of the Park Board and SPDC at 7:00 p.m. At the joint meeting, the group discussed: Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest • October 2, 1998 Page 24 of 32 • Existing park inventory by neighborhood zones • Land acquisition planning to meet the goals of the Parks, Recreation and Open Space Master Plan • Prioritization of projects to develop a five-year Parks Capital Improvements Plan The SPDC and Park Board discussed funding for land acquisition and agreed that this was a high priority. They also discussed proposed projects, including current parks construction projects, and the proposed timing of these projects. The five- year plan will be revised based on the discussions of the boards. Staff will take the revised 5-year Parks CIP to Park Board for their recommendation at their regular meeting on October 12, and SPDC will consider the plan again on October 26, • 1998. 38. Southlake Hosting TAAF Tournaments. Recreation Supervisor Kathy Schaeffer and Recreation Specialist Steve Moore recently attended the Texas Amateur Athletics Federation (TAAF) conference in Corpus Christi. At this conference, the host cities for various tournaments are selected based on bids submitted by the cities. Southlake was awarded the following state championship tournaments: • March 1999 -- Women's Major Basketball State Championships • July 1999 -- Boys Basketball State Championships (18, 16, 14 &under) • July 1999 -- Basketball Congress International (BCI) National Tournament • December 1999 -- In-Line Hockey State Championships (18, 16, 14 & under) • March 2000 -- Boys Basketball State Championships (12, 10, 8 &under) • July 2000 -- Girls Fastpitch Softball State Championships (12, 10 & under)) Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest • October 2, 1998 Page 25 of 32 • December 2000 -- In-Line Hockey State Championships (12, 10, 8 & under) Hosting these tournaments brings exposure and recognition to the City of Southlake and allows us to showcase our facilities. The revenues generated from entry fees, gate admissions, and concession sales offset the expense of hosting the tournaments. 39.After School Program Transition. As we mentioned to you previously, we were waiting for Durham Elementary/Intermediate School Principal Mark Terry to make a decision on_his choice for an after school provider. We had facilitated discussions between CISD and the YMCA, but Mr. Terry had also wanted to interview other providers. We received a copy of a letter this week from Mr. Terry that he sent to the YMCA (attached to my memo). He has chosen Medallion School Partnerships, formerly Children's World Learning Centers, to run the after school program at Durham. Under the City program, we transport children from Rockenbaugh, Carroll, and Johnson elementary schools to Durham. It is our understanding that the other elementary school principals do not wish to run an after school program at their facilities at this time and we do not know if Medallion will provide services to those parents or not. At this time, we have no details of Mr. Terry's agreement with Medallion and he is out of town at present. We will work closely with CISD to ensure the transition occurs as soon as feasible, and with as little disruption as possible. 40. New Community Services Coordinator. We have hired Courtney Queen, formerly an administrative intern in the Public Works Department, as the new Community Services Coordinator. She will fill the position vacated when Shelli Siemer was recently promoted. As we mentioned to you before, Courtney was assisting us with Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest S October 2, 1998 Page 26 of 32 liaison support to Keep Southlake Beautiful, so we are pleased to have her full time now in this position. Her primary duties will be as staff liaison to Keep Southlake Beautiful and to the Southlake Youth Action Commission (SYAC), and she will also assist with implementation of a city-wide community volunteer program and other administrative duties and projects as necessary. As an aside, she will be very busy with SYAC this year since we have had an overwhelming number of youth interested in this program. Certainly due to the success of last years' SYAC group, we have had more than 80 kids sign up for SYAC this year! The excitement of this response also comes with a realization that we have a challenge ahead of us in keeping a group this large interested in the process, channeled towards the goals of SYAC, and still maintain the small group atmosphere that encourages open discussion and learning. Courtney is more than • capable of this challenge and is excited to be associated with SYAC. 41. Scope of Services Agreements. You have noticed that we have brought forward a number of scope of services agreements on this agenda. There are a number of others that we are still working on which we anticipate bringing forward to you on the October 20 agenda. These include Metroport Meals on Wheels, Keep Southlake Beautiful, and Texas Sister Cities. Staff plans to meet with MMOW representatives to discuss any necessary changes, and KSB will vote on the scope of services agreement at their meeting on Monday, October 5, 1998. There were no changes to the KSB contract. 42.Teen Center Update. Those of you who were at the SPDC meeting on Monday, know the priority set by the Park Board for construction of a Teen Center. Others also voiced their support of this project. The Park Board has requested staff begin 1111 soliciting volunteers for a working group committee, similar to the citizen design Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest • October 2, 1998 Page 27 of 32 committee two years ago for a City Hall. We will also solicit volunteers from the high school and middle schools to assist. The Youth Park Board and SYAC will also play key roles in this work group. An initial meeting is planned for Wednesday, October 21, 1998 at 7:00 p.m. 43. Trinity Complaints. You will find two letters (and responses from Shana Yelverton) regarding garbage service attached to this memo. Below is a brief discussion of both: Countryside Bible Church - Mr. Dunn has been concerned about the church experiencing missed pick ups, particularly on Fridays. Shana made Doug Rivers with Trinity Waste aware of the situation and Mr. Rivers has been in contact with the church to determine possible causes for the problem. During his conversation • with the church secretary he determined that the church has a large volume of trash, which is currently being handled by hand load. As such, he is working with them to determine if they are at the point where they need a commercial dumpster. They also discussed whether the trash was making it to the curb by 7 a.m., since the janitor does not arrive until 8:00 a.m. It may be that the garbage is placed on the curb later than the truck comes by. Of course, it simply may be that they are being missed. In any case, Shana and Doug will be working with Mr. Dunn to ensure a solution to the problem. Shana has provided him her home phone and pager number so that he can contact a staff member on the weekend if needed. This afternoon Shana checked and the garbage on Countryside Court was collected. Gary Hargett - Apparently, Mr. Hargett's trash was just missed and there does not • seem to be a reason for it. Mr. Rivers has his route supervisor monitoring the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest S October 2, 1998 Page 28 of 32 situation closely, and Shana has provided Mr. Hargett her pager number for after hours problems. Note that we have provided Mr. Hargett a three month credit on his garbage bill. This is not his first complaint, and we felt he was due this small consideration. Blowing Trash - Several calls were received on Tuesday regarding trash blowing out of trucks and other spillage. While I was out looking at other things, I responded personally to two of the complaints. At both locations I discovered some trash, however, it was not of the magnitude expected based on the calls. In fact, I was able to pick it up myself with minimal effort. Still, it is an annoyance to experience trash blowing in the neighborhoods. Shana and Doug have discussed the need to educate residents about the importance of bagging garbage to ensure that it does not blow and to minimize the temptation for dogs and other animals to dig • through trash curbside: They are planning to prepare articles for the next newsletter and to put information on the cable channel and website encouraging residents to bag their garbage and use the lids we have available for recycling bins. Please let Shana know if you have questions or concerns about garbage service. 44. October 13 Special City Council Meeting. Don't forget we have scheduled a work session for Tuesday, October 13 at 6:00 p.m. It is our intention to discuss priorities (progress report), street failures, private drives and speed humps. We are working on the packet items as we speak and expect to get you something early next week. Let me or Shana know if you have questions about the special meeting. 45.Woodland Heights/Scooter's Superstore Signs - Bootstrap Investment has been issued a permit for moving the sign at Southlake Boulevard and Westwood Drive. • The sign now meets all requirements of the sign ordinance. In order not to destroy Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest October 2, 1998 Page 29 of 32 the tree roots, the footing that was constructed underground has remained, however, it has been covered. Note that the attached memo. from Chief Campbell also addresses the sign at Scooter's Superstore. They are now in compliance with your approval. 46. SYAC Ropes Course - On September 19, a total of 31 SYAC members participated in the annual ropes course conducted by Experiential Learning Systems. The ropes course is an excellent way to start the year by encouraging teamwork and providing the opportunity for members to develop their leadership skills. The ropes course provides mentally and physically challenging exercises to develop trust, communication and interdependence among the members. This year SYAC got off to a great start with the members quickly bonding together as a team to solve problems. 47.Metroport Cities Partnership Appearance before Texas Transportation Commission. Included in your packet is a copy of the information provided to the Commission September 24, 1998. On behalf of the City of Southlake and the other members of the Metroport Cities Partnership, Inc., I want to thank you and the other members of the Texas Transportation Commission for your response to our petition for funding support for improvements to SH114. We recognize the degree of difficulty the Commission faces in allocating limited funds among the many needed improvements. During the meeting you made reference to our "yellow brick road" and Dorothy's red slippers. We all thought you would appreciate these. We know you'll use them wisely. 48.Future Zoning Ordinance Amendments. Included in the list of priorities and as • potential work group topics are two amendments: 1) the reduction of the required Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest 0 October 2, 1998 Page 30 of 32 minimum acreage for Residential PUD's and 2) the issue of outside storage and outside display. As an alternative to establishing a work group on both topics, staff would like to request that two separate ordinances be prepared and forwarded to the Commission for their review and consideration. Staff's current thinking is to propose that the minimum R-PUD acreage be reduced from 50 acres to 10 acres (with the developer continuing to provided a minimum 10% of open space which is the equivalent of one acre). We have had some early feedback from developers that they would prefer a five acre minimum for two reasons, 1) it is unlikely that it would be financially feasible to dedicate one acre out of a 10 acre project and more likely that they would request payment of park fees, and 2) there are not that many tracts greater than 10 acres that would benefit from the amendment. Staff will have additional discussions and bring to the Commission any feedback received. • With regard to outside storage, staff recommends expanding the SUP for outside storage to include the C-3 district (thereby giving the retailers an opportunity to present their needs to the Commission and Council and giving the city officials and citizens an opportunity to review each request on a case-by-case basis). This amendment would afford an opportunity to review the 5% rule currently in place and to also address the differences between outside storage and outside display. 49. Child Locked in Car Complaint. A letter from Alan and Susan deGraffenreid is attached to my memo relating their perception of lack of response by Southlake DPS when their child was inadvertently locked in the car at Wal-Mart. I have attached a response from Chief Campbell which details specific times and the approach taken by DPS staff. While I realize the situation must have been terribly - frightening to Mrs. deGraffenreid, I do not believe the DPS response was inappropriate. S Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest October 2, 1998 Page 31 of 32 The PSO and a wrecker service are routinely dispatched for these kinds of calls, unless the communicator determines that there is a serious threat to the life or safety of the child. In those cases, a fire response is dispatched and the crew is prepared to break out the windows as necessary and provide emergency medical treatment at the scene. In all other cases, a wrecker is called because they have the expertise to open a car door in seconds and the PSO is made available to administer medical services should they become necessary. Questions about this complaint may be directed to Deputy Director Gary Gregg or Deputy Director Garland Wilson. 50. Economic Development Activities. Following are some recent activities from the Economic Development staff. Feel free to contact Kate Barlow or Director Last if • you have questions or would like additional information. - • Dallas Business Journal (DBJ) tour. Staff provided a brief tour and presentation of Southlake to one of the DBJ reporters who will be staffing the DBJ bureau at Alliance which will provide expanded coverage of Tarrant and Denton counties. • Recent articles on Southlake businesses. Attached are recent articles on two Southlake businesses including an elevator firm which relocated from Grapevine. Additionally, The Business Press has published Tarrant County's largest residential and commercial real estate agencies which include Century 21 Worldwide (#12) and United Commercial Realty, UCR, (#14), respectively. UCR is the retail leasing agent for Southlake Town Square. S Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest IIIOctober 2, 1998 Page 32 of 32 Note: we had to close down things due to storm and could not finish edit or complete. Will follow up Monday. Staff Extension Numbers: Barlow, Kate, Economic Development Specialist, ext. 776 Bloomberg, Chuck, Plans Examiner, ext. 747 - Campbell, Billy, Director DPS, ext. 730 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, Interim Parks and Recreation Director, ext. 757 Killough, Dennis, Senior Planner, ext. 787 Jackson, Malcolm, DPS Administrative Coordinator, ext. 726 Last, Greg, Community Development Director, ext. 750 LeGrand, Sandra, City Secretary, ext. 704 Poe, Shawn, Capital Projects Coordinator, ext. 846 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\98-07-21.doc 0 --4.4 City of Southlake,Texas 1. MEMORANDUM October 2, 1998 TO: Sandra L. LeGrand, City Secretary FROM: Curtis E. Hawk, City Manager SUBJECT: Open Records Requests Effective this date, all requests for information under the Texas Public Information Act, Chapter 552 of the Texas Government Code, formerly titled the Open Records Act, are to be directed to my office for response. The Act identifies the Chief Administrative Officer of a governmental body as the officer for public records (Sec. 552.201). As you know, by Charter of the City of Southlake, the City Manager is the chief administrative officer. (Sec. 4.10). Southlake Ordinance No. 360 is contrary to the state statute and the Charter. The Charter was approved in April, 1987, and Ordinance No. 360 was enacted by City Council in August, 1987, thus the ordinance has been invalid since its approval. We have attempted to work through the processing of responses to open records S requests by utilizing the City Secretary's Office as the central point for receiving and processing. For the most part, this has worked through the years, but there have been glitches. Recently, there has been criticism that we have not fully responded. I am convinced that any inadequate response has been the result of the disjointed way requests are currently processed, not any attempt to withhold information. In order for my office to properly control the process, we need to do it differently from this point forward. Accordingly, I will be preparing a procedure to follow that will outline how these requests will be processed, and what role department heads will be expected to play. (The Act designates each department head (Sec. 552.202 GC) as an agent of the officer for public records for the purpose of complying with the Act.) Sandy, I know there is some confusion in that the Charter identifies the City Secretary as custodian of all municipal records of the Council (Sec. 4.21 (2)), but this has no bearing on requests for public information under the Public Information (Open Records) Act. This Charter reference is similar to the provisions in the Local Government Records Act (Sec. 201.001 LGC) which deals with the management and preservation of local government records. The Act spells out the duties of the custodian (Sec. 203.022 LGC) and records management officer (Sec. 203.023 LGC), and our records management ordinance (Sec. 1, Ord. 497) establishes that the custodian "...is a Department Head, under the administration of the City Manager or the City Council, , who is responsible for all records in his/her department." Both the City Charter and Sandra L. LeGrand October 2, 1998 Page 2 • Ordinance No. 497 when referring to "custodian" means the accepted dictionary definition of the noun: one that is entrusted with guarding and keeping records. (See for example Merriam Webster Collegiate Dictionary, 10th ed., pg. 286.) The confusion with the word "custodian" was what prompted the legislature to replace the term "Custodian" for Public Records with the term "Officer" for Public Records, when the old Open Records Act (Art. 6252-17A) was codified in the Local Government Code and subsequently amended. This change in our internal procedure is no reflection on your handling of requests for information, but simply an attempt for me to become more accountable in my responsibilities and obligations under State law. Therefore, until we can create new forms and a written procedure to follow, please continue to receive requests as you have been, and pass them on to me, either directly or through Kim Bush, for my response. In rriy absence, Assistant City Manager Shana Yelverton will be responsible for compliance. Upon completion of the new written procedures, we will bring forth an amendment to the Southlake City Code, Sec. 2-296, and formally repeal Ord. No. 360. I hope this memo is satisfactory in its explanation of the need for change. Please let me know if you have any questions. cc: Mayor and City Council City Attorneys Shana Yelverton, Assistant City Manager All Department Directors Kim Bush, Secretary to the City Manager Linda Carpenter, Administrative Secretary M:1WD-FILESICEH\Gpcn Records-memo-SLG.docltb City of Southlake,Texas MEMORANDUM October 1, 1998 TO: Curtis E. Hawk, City Manager FROM: Shawn Poe, Capital Projects Coordinator - SUBJECT: Proposed Renovations to the Public Works Facility The City Council authorized $341,050 to be allocated in the FY1997-98 CIP budget for renovations to the Public Works Facility. The proposed renovations are as follows: Pave parking for employees/visitors Pave driving area from entrance to the fuel facility and thence to exit New roof for the shop and office area Install a brick or masonry façade along the south side of existing building Install an awning along the west side of existing building Install an office entrance enclosure (dead air space) Install a canopy for covered parking for emergency vehicles (completed) Install an ADA standard restroom Install masonry/rod iron fence and landscaping along Continental property line These renovations are phase one of many future phases, which will eventually occur to the site in order to bring the site into conformance with City Ordinances. Each year, money will be appropriated in the CIP budget for City Council approval to fund the future phases. The City Council entered into a professional services agreement with Teague, Nall, & Perkins in order to design the aforementioned phase one improvements and also prepare a Concept Plan for the required Specific Use Permit (SUP) for outside storage. The (SUP) for outside storage is on the October 6, 1998 City Council Agenda for consideration. Following approval of the SUP, the city plans to submit building plans for a building permit in order to construct the masonry façade, ADA bathroom, awning, office entrance enclosure, and the new roof. Attached is Exhibit 1 that shows the architect's recommended façade to be constructed on the south side of the existing building. Exhibit 2 is the cost estimate prepared by the architect for the proposed façade, as well as for the awning, roof, & entrance enclosure, and ADA bathroom. The cost estimate is within the amount budgeted in the FY1997-98 CIP budget. Obviously, prior to finalizing the building plans, the City Council must approve the façade design. Staff needs feedback and direction regarding the design of the masonry façade. Attachment: Exhibit 1 Exhibit 2 EXHIBIT2 __/ PROBABLE COST PROJECTION Public Works Service Center Improvements • City of Southiake Re-roofing the existing facility $78,000.00 Modification to the south end of shop building 45,000.00 West entrance and awning work 13,364.00 New interior accessible restroom 8,800.00 Locker Room work 3,000.00 Partition, demolition and doors 3,500.00 Subtotal $151,664.00 Overhead & Profit @ 15% 22,750.00 $174,414.00 Contingency @ 15% 26,162.00 Total $200,576.00 _ _ • R City of Southlake,Texas MEMORANDUM 0 October 2, 1998 • TO: Shang Yelverton, Assistant City Manager 1 FROM: Billy Campbell,Director, Public Safety SUBJECT: Child Locked In Car Complaint 1 I have attached a copy of the DPS computer printouts from the dispatch computer regarding the child locked in a vehicle on September 26, 1998. • We received the call at 10:29 and 15 seconds. • By 10:31 and 57 seconds, the call had been dispatched to PSO Farman. • By 10:30 and 57 seconds B&B Wrecker had been notified to be enroute. ! • PSO Farman arrived at 10:41 and 36 seconds. • The wrecker was already on the scene and the child was out when PSO Farman arrived. PSO Farman responded from an area near Pearson and FM1709. The wrecker driver, James • Turner, responded from his apartment on Mustang Drive in Grapevine. The driver estimates that he was in his vehicle and enroute in less than two minutes. 1 • B&B records show the driver was dispatched at 10:31 and arrived at 10:41. 1 • At 10:36 a second 9-1-1 call is received by the communicator. She again assures the Walmart person that an officer is enroute, along with a wrecker who can open the vehicle without damage. The manager is again checked to assure there is no dire emergency. 1 Total time from initiation of call to arrival of officer was 11 minutes and 11 seconds and the child was out prior to that. PSO Farman states that the wrecker driver related to him that the mother of the child stated they had tried for 15 minutes or so to get the child out prior to calling for help. Farman also related that the Walmart store manager, Aaron, stated the mother bordered on being hysterical. This might help to explain the perceived discrepancy in times. If you have any questions, please do not hesitate to contact me. BC/bls Attachments r CFS/PSR# 9810005 Date 1> 09/26/1998 Time 2> 10:29:15 Calllnfo 3> 2MON CHILD LOCKED IN VEH GREEN OLDS 98 Location 4> 200 N KIMBALL AVE C e7> S64 Beat 8> Sc sSL 7> 200 N KIMBALL AVE SceneCty 8> SL Son on 9> (817) 421-4770 Caller 10> NIKKI,WAL MART Resident 11> rignAdrs 12> OrignCty 13> rignPhon 14> 'allrAdrs 15> CallrPhon 16> (817) 421-4770 a1lTaker 17> Dispatcher 18> 347 Unit(s) 19> 217> Dispatched 20> 10:31> acknowledged 21> - .rrive_Scene 22> 10:41> .epart_Scene 23> 'spt_Arrival 24> Clear_Call 25> 10:44> Disposition 26> 4 VEH HA ConfType 27> Transportee 28> Age 29> Gender 30> gin_Mile 31> Endg_Mile 32> Ariv_Loc 33> field#, (T)raffic, (N)arrative, (P)rint, 'TOP'=abort [Enter] • • • • 0 11111 • . I LOG.TEMP 'TXT*25' size = 302 01 10:31:19 BASE 217 S64 LOCK OUT 9810005 LOCK OUT ; 2MON CHILD LOCKED IN VEH GREEN OLDS 98 02 10:31:57 217 BASE T GENERAL TRAFFIC: B N B RT 03 10:41:36 217 BASE 10-23 ARRIVED ON SCENE 04 10:44:32 217 BASE 10-51 WRECKER ON SCENE 05 10:44:39 217 BASE 10-24 CLEAR SCENE\CALL D/4 VEH HAS BEEN UNLOCKED • • • • i • • • CAD.NARR '9810005' size = 95 01 UPON ARRIVAL, THE VEHICLE HAD ALREADY BEEN UNLOCKED BY B & B WRECKER COMPANY. 02 03 • • • CALL DATE TIME SceneAddress CFS# CallDesc 1) 09.26.98 07:33:43 3300 E BUS 114, SUIT 9810000 ALARM BURGLARY 2) 09.26.98 07:40:40 100 N LAMAR 9810001 WARRANT SERVICE / ARREST S 3) 09.26.98 08:09:10 1300 E 1709 9810002 WARRANT SERVICE / ARREST S 2030 W CONTINENTAL B 9810003 THEFT .26.98 09:17:42 2100 W 1709 9810004 WARRANT SERVICE / ARREST S '.26.9808:57:23 .26.98 10:29:15 200 N KIMBALL AVE 9810005 LOCK OUT 7) 09.26.98 10:37:27 100 W 1709 9810006 DISTURBANCE 8) 09.26.98 11:17:52 641 E 1709 9810007 ALARM ROBBERY 9) 09.26.98 11:21:40 100 W 1709 9810008 DISTURBANCE 10) 09.26.98 11:45:59 1101 N CARROLL AVE 9810009 INJURED PERSON 11) 09.26.98 12:16:22 185 S WHITE CHAPEL B 9810010 DEMENTED PERSON • 12) 09.26.98 13:06:39 540 COMMERCE ST 9810011 ALARM BURGLARY 13) 09.26.98 14:59:47 350 HIGHLAND OAKS CI 9810012 ALARM BURGLARY 14) 09.26.98 15:34:44 209 LAKE CREST DR -98-10013 ALARM DURESS/PANIC 15) 09.26.98 17:02:44 1207 LANSDOWNE CT 9810014 ALARM BURGLARY 16) 09.26.98 17:58:45 638 FAIRWAY VIEW TER 9810015 ALARM BURGLARY 17) 09.26.98 19:34:14 350 HIGHLAND OAKS CI 9810016 ALARM BURGLARY 18) 09.26.98 20:30:26 100 E 114 9810017 TRAFFIC STOP 19) 09.26.98 22:26:58 2150 E 114 9810018 MOTORIST ASSIST <F>wd, (B)wd, (C)lear, (P)rint, (S)earch, (Q)uit, # or #.# 0 • • O _ . • • III/1 I , III September 28, 1998 ! 2 Olt I . OFFICE OF CITY SECRETARY , Mayor Rick Stacy 667 North Caroll Ave. . Southlake,Texas 76092 COPY 1-41-1—... Sir: On Saturday, September 26, 1998 at approximately 1030 a.m. my wife had the unfortunate bad luck of locking our 2 and half month old son in her car,along with the keys.This happened at the Wal-Mart on Hwy 114 and Kimball. She immediately rushed inside and requested the assistant store manager to call 911. He did so,to the Southlake Police Department.After waiting 10 minutes,no one had arrived.They then(the store manager and my wife)called 911 again.They were told that the Southlake Police ; , Department had no tools or could not assist in this type of emergency.The 911 dispatcher then offered to call a tow truck that could possibly assist them. By now my wife is frantic and ready to break a window.By the time the tow truck operator arrived and got the door unlocked,over 20 minutes had elapsed.Thank the Good Lord it was not 110 degrees in that parking lot. I Needless to say we are appalled at the lackadaisical attitude of the Southlake Police Department when a citizen is facing such an emergency. Can you imagine how you would feel if that had been your baby locked in your car?lithe department is not prepared to meet such an emergency, maybe this could serve;as S a wake-up call. This very well could be a lawsuit you could be reading instead of a letter of complaint. As hot as it gets here in the summer and with the population of Southlake including many young families with small children,we feel very strongly that the Southlake Police Department needs training and the equipment to unlock car doors in the case of a trapped child. It will only be a matter of time before this happens in Southlake and a child loses his or her life. Let's not let it happen because the Southlake Police Department IS NOT PREPARED! Needless to say,we are VERY UNHAPPYabout how the Southlake Police Department handled this incident. (f 01 er_ a Respectfully, V Alan and Susan deGraffenreid 2814 Roundup Trail Grapevine,Texas 76051 1 CC: William Campbell Chief of Police III City of Southlake,Texas MEMORANDUM • October 2, 1998 TO: Shang Yelverton, Assistant City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Update on Sign Variance Requests Bootstrap Investment has been issued a permit for moving the sign at E. Southlake Blvd. and Westwood Drive. The sign now meets all requirements of the ordinance and they will no longer be coming forth with a variance. In order not to destroy the tree roots,the footing that was constructed underground has remained,however, it has been covered. In addition, the sign at Scooters Convenience Store is now in compliance with the sign ordinance and the dumpster enclosure is also within guidelines. BC/bls • !' CityofSouthlake DUthlak- Administrative Offices September 23, 1998 Mayor. Mr. Michael Dunn, Deacon Rick Stacy Countryside Bible Church Mayor Pro Tem: 250 Countryside Court W.Ralph Evans Southlake, Texas 76092 Deputy Mayor Pro Tern: Scott F.Martin Councilmembers: Dear Mr. Dunn: Wayne Moffat Ronnie Kendall Thank you for your letter alerting me to the problems your church has Debra Edmondson Gary Fawks experienced with garbage pick up on Fridays, and please accept my apologies for the inconvenience you have experienced as a result. I have forwarded your City Manager: complaint to Doug Rivers, Municipal Marketing Manager for Trinity, who E.Hawk will address the concern with his route supervisor and drivers. You can expect Assistant City Manager a call from Mr. Rivers or Ed Brock, who will want to personally discuss your Shana K.Yelverton church's service problems with you. cretary: L. LeGrand Mr. Rivers and I have discussed the concern you expressed about follow through on Saturday customer service calls. I have proposed a number of ways to handle such calls, but it is ultimately Trinity's responsibility to meet the requirements of our contract and Southlake customers. Their ability(or inability) to do so will certainly be a factor of consideration as we monitor their contract performance. In the meantime, please feel free to contact me at home (817-276-0656) or by pager (817-216-4846) on the weekends if you have future service problems and I will do my best to take care of the problem. Although I occasionally travel on weekends, you should always be able to reach me via pager. Again, thank you for your letter. I look forward to working with you to ensure high quality garbage service for your congregation. Sincerely, • / — - Shana K. verton Assistant City Manager S 1725 East Southlake Blvd. • Southlake, Texas 76092 (817)481-5581 • FAX(817)329-1747 • AN EQUAL OPPORTUNITY EMPLOYER' • .N4-11inico'` 1° COUNTRYSIDE BIBLE CHURCH September 18, 1998 Shana Yelverton Assistant City Manager, City of Southlake 667 North Carroll - ' . Southlake, TX 76092 Dear Shana, . I am writing to express our dissatisfaction with Trinity Waste Removal: On several different occasions Trinity has failed to provide our church with scheduled garbage collection. • Specifically, over the last few months Trinity has failed to take our garbage on Fridays. Several calls have been made on Saturday to ask Trinity to come over and get the garbage that was not picked up on Friday. Each time Trinity said they would come that Saturday and pick up the garbage. The problem is they never follow through. We would encourage you to consider a more reliable company. We often have a rather large amount of garbage on collection days as you might expect from a large congregation. We would appreciate anything you might be able to do in getting Trinity to keep their commitment to collect our garbage on the scheduled days. Thank you for your assistance with our problem. In the Lord's S rvice, 1/4,_ ,,6 . fi—,,.,,,—......-- Michael Dunn, Deacon Countryside.Bible Church MD/eb III . . Tom Watson, Pastor • Byron Yawn, Associate Pastor • Rocky Wyatt, Youth Pastor 250 COUNTRYSIDE CT • SOUTHLAKE, TEXAS 76092 • (817) 488-5381 - METRO (817) 481-3375 41, City of Southlake _ Administrative Offices • September 24, 1998 Mr. Gary Hargett Mayor: 1111 S. White Chapel . Rick Stacy Southlake, Texas 76092 Mayor Pro Tern: W.Ralph Evans Dear Mr. Hargett: Deputy Mayor Pro Tern: Thank you for your letter alerting me to the problems you have experienced with Scott F.Martin garbage pick up on South White Chapel, and please accept my apologies for the . Councilmembers: inconvenience you have experienced as a result. I have spoken to Doug Rivers, Wayne Moffat Municipal Marketing Manager for Trinity, who admits the mistake was an oversight Ronnie Kendall by Trinity and plans to address the concern with his route supervisor and drivers. Debra Edmondson Gary Fawks Due to the fact that Trinity mishandled collection of your garbage and subsequent • City Manager. requests to follow up, I have asked our Utility Billing Supervisor Shani Ihnfeldt to Curtis E.Hawk ,credit your account for three month's billing, an adjustment of S27.45. I realize that Assistant City Manager: this probably seems like a small _gesture given the problems you have experienced, Shana K.Yelverton but I do not believe it is appropriate to bill you for services which have not been received or have been inadequate. Secretary: dra L. LeGrand • Mr. Rivers and I have discussed the concern you expressed about follow through on customer service calls. I have proposed a number of ways to handle such calls,but it is ultimately Trinity's responsibility to meet the requirements of our contract and Southlake customers. Their ability(or inability) to do so will certainly be a factor of consideration as we monitor their contract performance. Your concerns are duly noted. In the future, please feel free to contact me by pager(817-216-4846) on the weekends if you have service problems and I will do my best to take care of the problem. Although I occasionally travel on weekends, you should always be able to 3 reach me via pager. Again, thank you for your letter. I look forward to working with you to ensure that these problems are handled. Sincerely, A6ga Shana K. Yel rton _ Assistant City Manager , S . . . , . . , . . 1725 East Southlake Blvd. • Southlake, Texas 76092 (817)481-5581 • FAX(817)329-1747 ANF(](IAL OPPORTUNITY FMPI((YFR" • Gary Hargett 41/0 1111 S. White Chapel Southlake, TX. 76092 9-14-98 Mayor Rick Stacy and Southlake City Council Members Southlake City Hall 667 N. Carroll Ave. Southlake, Tx. 76092 RE: TRASH COLLECTION ON S. WHITE CHAPEL Dear Mr. Mayor and City Council Members: S On South White Chapel Blvd. between Continental and 1709 our trash collection has been extremely irregular for the past four years. Trash is required to be at the curb by 7 : 00 a.m. ; however, it may not be picked up or it may be after 10 p.m. This boulevard is a main cross street through Southlake. One that no less than 20-30 trash trucks travel on collection days . This is also a major route for tour buses and home buyers . Mr. Doug Rivers at Trinity was called at 10: 10 p.m. , on 9-11-98 and at 2 : 15 p.m. , 9-12-98 to report the trash had not been picked up on the east side of White Chapel between Continental & 1709. All the trash was still setting out at 9: 30 a.m. on 9-14-98 . After a weekend of wind and rain, trash is littering the drainage ditches. In the past four years we have tried cans with lids, -- they throw the lids away. We have tried cans with hinged lids --they break the hinges, then throw the lids away. Time does not permit me to bag all the trash. • I- jy When renewing Southlake' s collection agreement, you would be 1111 doing the community a service by requiring the trash service to give the, main streets a priority, rather than the "catch as catch can" approach that Laidlaw/Trinity has been using the past five years. Sincerely, -Ve't, 4411— Gary Hargett CC: Ms.Shana Yelverton- Southlake Asst. City Mgr. . Mr. Doug Rivers - Trinity Waste Systems 4111 _ f _ Don T. Durham Elementary & Intermediate School Mark Terry Stan Key Principal RECEIVED Assistant Principal Jim Calvin OCT IMIS Assistant Principal September 28, 1998 PARKS&RECREATION DEPARTMENT Ms. Susan Schulze Youth Development Director YMCA Metropolitan Office 540 Lamar Street Fort Worth,TX 76102 Dear Ms. Schulze, Thank you for your interest in supervising an afternoon program for the students of the Carroll Independent School District(CISD)here at Durham Elementary and Intermediate School. The presentation you and your representatives gave was quite good and I compliment you. I also enjoyed talking with your partners and they seem to be fine • individuals. After considering your proposal and that of Children's World, now Medallion School Partnerships, I have decided that Medallion will run the program here at Durham. Both organizations offered comparable programs and benefits. However, I have worked with the individuals of Medallion in the past and had a good working relationship. Until they give.me a reason to doubt their effectiveness or their program is not comparable,I see no reason to change. Thanks again for your interest. Sincerely, Mark Terry Principal cc: Dr. Ted Gillum, Superintendent Mr. Kevin Hugman, City of Southlake • 801 Shady Oaks • Southlake,TX 76092 • (817) 481-8068 FAX (817) 329-5107 JCI -JW-1770 14•4C LHW r 1 RI'1 Ol. JJC -.(.4V r,VJz C1J 1A•w OFF= Goei$, UNDERKOFLER,.CRAWFORD&LANGDON • A REGinaliD MOMLuaanY PnatrIMar 1601 D X Surer,Urn 3300 DAL AS,TEXAS 73201 YAadiLs W.Mox , TSLarstemilt (214)9694454 Roc(214)96945902 September 30, 1998 E. Allen Taylor, Jr., Esq. VIA TELECOM (017) 332-4740 Betsy Elam, Esq. Taylor, Olson, Adkins, Sralla &Elam, L.L.P. 3400 Bank One Tower 500 Throckmorton Fort Worth, TX 76102 W. Edward Waits, Esq. VIA TELECOPY: L214) §f$-4330 Richard L. Smith, Jr., EsQ. Strasburger& Price 901 Main Street, Suite 4300 Dallas, TX 75202 Re: Town of• Westlake, Texas vs. City of Soethlake,Texas; Maguire/Thornas Partners-Westlake/ outhlake Partnership; Maguire Partners Westlake Partnership and MTP IBM Phase II and III Joint Venture; Case No. 17-169049-97 Gentlemen: This will confirm that the Motion for Summary Judgment and other hearings set for October 1, 1998 at 2:00 p.m. in the above captioned matter have been rescheduled for November 6, 1998 at 2:00 p.m. Very truly yours, W 1.1"Tf James W. Morris, Jr. ]WM:dg 3746.CQ6I S34 • cc: Nancy Bentley, Coordinator 17th District Court • • TOTAL P.03 .COUN:2.J11 . ,,* tr >4: •..* * .' TARRANT COUNTY • NORTHEAST SUB-COURTHOUSE 645 GRAPEVINE HIGHWAY,SUITE 6 HURST,TEXAS 76054 (817)581-3600 FAX(817)581-3603 B. GLEN WHITLEY COUNTY COMMISSIONER PRECINCT NO.3 September 28, 1998 Honorable Mayo 'ck Stacy City of South e 1725 E. So hlake Blvd. Southl Texas 76092 . D Mayor'Stacy: We have received many requests for county assistance from our precinct three cities. A review of the requests indicates that we,do not have the time available within our FY '99 schedule to meet all the needs. Usually, we are not able to work in every city each year. As you are aware, the county, under an interlocal agreement with the city, has recently completed the reconstruction of Brumlow Ave. and is presently working on N. White Chapel Rd. We will be unable to provide assistance during FY '99 for Southlake's projects. if our schedule changes and we determine we will be able to work on this project, we will contact your staff. We appreciate the opportunity to work with the City of Southlake. • Yours truly, B. Glen Whitley County Commissioner Precinct Three • • • cc: Curtis Hawk, City Manager -... , NEWS CLIPPING Source: Fort Worth Star-Telegram DATE: October 1, 1998 - . . .• . . . ,-.•— -. . „ . . 0 Elevatorlirtn,op ens its_ o , ;•---,,,Az-.. 1 . 1• ___• N., -... ! Southiak,,,,_k..:1,74,..!._,L1,4, BY ELLENA FORTNER .-- . . Special to the Star-Telegram li ...___ ql. i Sbj.J.T.P1.4hIC .tl.441.1104'S,InC.;<, 4......„. ..._ , ..,17, . is moving,-up-in.the'Nkroild- .-=:one 1 wv.--- -1-1 rtm floor at a time • .•,---=-- - - - - -- • 2- :', - 771 . I • .„ ;.; ,.• -. . •-.- -• 1 ,..'-. :..-4,,,,. i-, • ".. ,i;ilia 1:,, sN The e family-operatecl_pusiness, , ) -.::; -. :. ... • . ... 4. z which 'hakes-eleVator-cabins and • 1--17- .•tc I IF- , ,! ' it •interiors,Ia-OPening:an office in' 1 '''t-7,T.:7-:::77-'--4,--...:-• 7-744. . Atto. / i , Southlake.•:.. . „ spr -----.--..& )„, .,• ' ... ., • • "Elevators are no longer some- 1, ' .,0::!:..k...,,::::: r....- LL„......4 ..i 4.k4...riei , 1.•Eir,-4 -.1 •,;,:•:-.-,;--....• ...,••••••,..4- . 1 thing you use to.getfrom one point . . --1:9; -•• - ,;;,:::i ..„,.. „‘„,1,,•.:,,,,,4 .. .,.,-;-.• . 1 . to ancither,r,said Beth Cunningham,.., --- ,,, 004; (-1. --., „ — ..... . Az./ ,.. , vice president -5: I:1- of Marketing and:, - i , 01#47:4 -•wk,s1-7-2,-%, -- , ^ 4 daughter Of the company-founder.:'•-j -w.,-e 6,1kr- --,,...77.7,,--- 42 "BusinesseS.want their elevators to:, 4 4. ..t 5,-2- ...3?,z.7,i.-,,,-2- ,„.. 4;,, 4 -,, '.., ,;i:"Iik.v.t: makel—sfaleiriefirabaut who'and' •_ -:::=%-- ,.,.%.,t;?!..:;,14,----$-:41:. ••,.„..,C,LT•fit,•!-F ,:-* . whatAheYale:This has really kept:- ....ej`ieSSA.it. = ,c •... ed ,•44 Yrsilli0,-• 4,:---..,---• ••-- usbUsg." -': -...,',- Star-Telegraiiiiiti.FEig.-- Y;•,:iri'2'.44'.'; The grand opening for the build- • 2:- - - • - •.; -- - Beth Cunningham, vice president of marketing for Ekluiid7s,li.,c„: ing at 2860 Market Loop S. will be . which makes elevator cabins and interiors,stands in'adelevit•5414411' -toniorrOkie.-:.-- - '.. ' ' •.• • ifre r 1-0-,;•i. ,, . % • ''k company's new building in Southlake. . •&_,.. • - Construction-started on the'—• . : _- ...- ill -34,Ci00=iqUire•46ot site, which -.. ---- -. • vator of Fort Worth who has worked witli'llie, inellideniffiees'aiid a'inarinfacturmg7aree,-m cm pa very responsive,- June 1997 after the company outgrew.its being local helps.", .. -...: .4 office in Grafeiiiie. ,•TA _.- ,_.;.1 di TV,The cabins, which can cost $6,000 to Eiduiici's renovates and moderiiiiacild'ele7:. $.60,000, depending on the interior, are:i vators and creates diamond-shaped 6abini,•-• .:designed by architects. Blueprints are given to. glass elevators and other nonstandard designs. Eklund's, which has to make sure the designs . "If a business is looking for something to !,obey fire and weight regulations.The corn-1 set them"apart, they.411 Eklund's,",said ::::. pany either.builds the entire cabin or corn- Robert Lusk, a sales rn;anager for Dover Ele-,T pletes the interior,Cunningham said. .., • -.,„4,,,•-3 .,:t-,. •••,.. . ,,, k , -,. ; , , . . . Although Eidiiiid'sdoenot deal --. . Company President Jim WU-1 . with the mechanical side of the have industry in Chicago, started the, skilled craftspeople doing the inte • business in 1983 using his Sayiii_gt.;;;41 nor work,Cunninghanisaid. ' - He operates it with a strict ,Iftiv "Our biggest challenge, and one debt"policy.The company now has-.-,.. ....,•,. of the most impprtant issues, is to offices in Chicago, Houston and Dallas, as.4 retain highly.,skilled employees ". well as Southlake. z.•-....i.•,-„,;•,,J she said. "Each one of our workers "Elevatbr businesses used to concentiite is at the top of his field and knows..:, mainly on remodeling," Eklund said...1 41,1a: how to do practically every aspect.-i see that the industry needed to inclii;:ier-iti.;2:", of our construction." - . ernization and jumped in." . :,.: -;--,-,r4-1 •P'' ,., -..•' 4 Eklund's will have about 40 - With orders increasing from'abott--- c : 0 craftspeople at the Southlake facil- ity, with plans to increase the num- ber. year five years ago to about 200 a Eklund said he plans to open a plan in Florida. ., , • NEWS CLIPPING Source: Fort Worth Star-Telegramiii DATE: September 24, 1998 Sitterprovidespet owners • peace of m'lnd Southlake company y. i ,. . , l ':- - ' -t; cares for animals when 1 . ', It s r , r i.., '. r t" their masters are away. (, �` _;., , -w ',r i S t y Y t BY ELLENA FORTNER `� 1 f I • - Special to the Star-Telegram :' �' y>`tc r . ; �SOUTHLAKE—A storm blows - :. '� i _ ?ji i Q through the area at 2 a.m., and " ,• r ' `' i. , Kimberly McCasland jumps out of �3� -.., ;° bed. J g.^a R P 1 F.w • .`%- 3 r 5 r o`'f�-�'�F rd- 3 7Y ,34 `She needs to check on her , - ' ' 4 i l'irt ' ' ti clients. I •4 . x .. y< Driving from Watauga to Flower �` ' t Mound, the Southlake resident .. 4. r stops at about 20 houses to pet, i `'l it r ,: .. cajole and offer treats to the dogs a ;0 ' ;. .: z;; T -fir,. r i' , and cats upset by the storm. .,., ` ,w �_.'. k { i i ,. �' 1 1 "I care about these animals," -` ,., , 4 -1 _ : .,t „Z.t said McCasland, owner of South- rt „,"� • ' ue:. • 40 lake Professional Sitters."If I know " x;,,� � � G they are going to be wigging out ' _,, k , ' � because of a storm,then I am going . to try and comfort them.I have sat _ - star-TelegrramixH.MIHAso'u"A with a dog, who was shaking he , `� ' was so terrified, for more than a Kimberly McCasland gets a kiss from her golden retriever, Honey.' hour to calm him down" McCasland operates a pet sitting business,Southlake Professional Sitters. -: :,Started about a year..ago in McCasland's house,Southlake Pro- medicine, and walk and play with the pet is collected, including feed- ' fessional Sitters has comforted - the animal. ing times, number of times it goes more than 169 animals while their Visits last 15 to.30 minutes each. out, any health problems and:other;; • owners are away.-.;<: ,.r: . The service charges$11 per day for information that may make the"pet "It is so difficult to,leave your one visit,$22 for two,$28 for three happier. •-r =>-1 baby at home," McCasland said. and$34 for four stops per day.Dis- "Animals do better with noise;-' "WTe want people to feel like they count rates are offered for people so Kimberly leaves the television l ar leaving one of their girlfriends who need year-round service. on for our dog, said Keller'ti si=_°_- infcharge of their house key, pass "We are giving people a peace of dent Beth Goetting, who has:a cclde and babies." mind," said McCaslarrd's only golden retriever named Murphy., ;.Using the motto of "If it is a employee, Barbara Faulkner, who "She leaves it on the Classic Movie creature, we will take care of it," used the sitting service before Channel though,because she does- McCasland has sat for horses, becoming an employee. "People n't want the dog becoming warped snakes, birds, hamsters, goats and can go on a guilt-free vacation and with too much Gilligan's Island";.. most other farm animals. not worry that their pet — their The company also perfotms other' ;;:`No llamas yet,but I am sure we baby — is home alone and miser- basic services, including.watering will,"she said. able." plants, bringing in the mail and tak- The service offers up to five Before taking on a pet for the ing out the garbage. For customers daily visits to feed the pet at its nor- first time, McCasland interviews who are gone for extended peri•ods mal time, administer vitamins or the owner. Basic information about of rime, the company arranges:to ill , S take care of monthly bills. —There is a large amount of trust needed," said Southlake resident Sharon Freehling, who owns a Sheltie named Scout. "We were worried about having a stranger going in and out of our home, but now she [McCasland] is a part of the family. We couldn't be more comfortable with her." The safety of the sitters is also an issue for the business.Homeowners are not liable if they warn sitters of any dangerous behavior by the ani- mal,McCasland said.The company is bonded and insured against acci- - dents. But the company has turned away a handful of animals as being too dangerous for the sitters,includ- ing a wild dog that was prone to attacks. The sitter business got under way when McCasland started look- ing for someone to watch her golden retriever, Honey, when McCasland and her husband were away. "The first time we took him to a kennel,he was fine,"she said."The second time he knew what was coming and cried. I said I could never do that to him again." Using a reference book about being a pet sitter, McCasland got her business started by visiting local veterinarians and using word of mouth. McCasland hopes to expand her business to 10 to 12 employees and 350 to 500 animals in the next five years. "You have to love animals to be in this business," McCasland said. "I get attached to the animals. I try to be a surrogate parent to them." I'Acilf I6A TI Ili IIIISINESS PRESS RI iAI.ESTATE QUARTER!.Y,SEPfEMBER 25,199K ___ Tarrant County's residential real estate agencies Ranked by number of Tarrant County agents 110 • No.of Tarrant Aso.of T County of County sales No.el residential Rank Name,address,phone,fan,e-mail/web site Ceunty agents year branded volume' properties said' Top local executive Primary ales area Wm.Rig Inc.Realtors ' 6115 Camp Bowie,No.190,het Werth 76116 Charles W.Roger-., Fort Worth/Dallas Metroplex 1• 771.0761,lax 771-8189 275 8/1961 $884.71 million 6,092 president and surrounding areas e-mall rl ®wmrigg.tern Re/Mar Of leas Inc. 2. 1(0260 Weuheimer,No.460,Houston 77042 222 10/1975 $573.08 million 4,344 Richard Fikp,COO bar rant County and (800(950-110 site www.1,re par)9n-96Bo surrounding counties web emas• .com Caldwell Ranker Paula Stringer Realtors . Northeast Tarrant County, 7H pne Hgay,Hurst 76054 Susan Dunn Arnold. Alin on,Mansfield,Collin3• 577-70Gn50,ni fits 57i7.hw7061 176 4/1906 $1.43E billion 9,015 president and CEO web site www.cbdfw,com nd Dallas counties Henry S.Miller Realtors • - 7400 Rernit Andeon Are.,Fort Werth 76116 156 4/1972 52 billion 12.180' Vagina Cook Tarrant.Dallas,Park counties; 4. 771-4411,last 711-4781rs Park.Austin,Houston web site www.henrysmiller.com ' Ebby Halliday,Realtors 4455 Sigma Road,Dallas 75144 i Mary Frances Burleson. Fort Worth/Dallas Metroplox and - `5• (972)980.6600.far(972)991.9142 151 4/1945 $2.164 billion 13.002 president surrounding counties web site www.ebbyhallday.cem Century 21 Mike Bowman Mike Bowman, Fort Worth/Dallas Metro s. I50 Westpark Way,No.I10,Euless 7f040 126 1/1971 $291.36 million 2,362 pkx 354.7653.fax 354.4836 president web site www.cllbowman,cem • Century. 21 Harman toawell Inc. 1708 f.Coop Arligton 76017 65 I/I964 ZI76.64 million 1,363 Hannan Boswell, Arlington.Mansfield,Grand 7. 174.2531,farer 174-771, n9 president Prairie and surrounding areas web site www.centeryllhbeswell,com Arlington.Mansfield,Southlake. Prudential Sutherland Real Estate Keller,Colleyvifle.Grapevine, 8 4200 S.Cooper,No,101,Arlington 76015 50 2/1951 $195.59 million 1,617 Bill Sutherland HER.Trophy Club,Haltom City, 468.4200.fa:468-4451 North Richland Hills Brant,Realtors Inc. 4541 S.Bellaire Drive,No.101.Fort Worth 76109 49 1/1926 DND 433 Mary Maury, Fort Worth,Tarrant County, 9. 731-8466,fax 731-1573 vice president Aledo e-mall brants@bnntsrealters.com - Art Cooper A Associates Realtors 10. 6616 Meadowbrook brine,Fort Worth 76112 42 1/1970 DND DND Art Cooper Tarrant County 457.3466,fait 451-8989 • ERA Airport t Fr Northeast Tarrant M County. 2100 Airport Freeway,Mo.520,Bedford 76021 Richard R.aortal Fort Worth,Arlington, 11• 354ERA B55,kR 2Real 31 1/1979 S11.78 million 388 broker/owner northw st Dallas County, e-mail dborteklo7gte.nm southeast Denton County C y 21 Star Inc. 12. 5364 Wedgmont Circle N.,Fort Worth 76133 30 1/1976 DND DND Walter Watson Tarrant County '263-7827,fos 263.8454 Century 21 Worldwide Grapevine,Colleyville,Southlake, 700 E.Southlake Bhd,e No.130,Southlake 76092 30 I/1998 S30 million Y7D 175 Bunny Eklund Keller,North Richland Hills,HEB 12. + aeoR,bit al-Re e-mail werldc2ilaol.com Real Estate by Pat Gray A Associates Inc. Tarrant,Parker and Johnson 12. 9190 Vista Way,Fort Worth 76126 30 1/1987 DND DND Pat Gray,broker/owner 249.5483.fax 249.0258 counties Century 21 Preferred Properties 15. 5750 Rafe Snow,No.104,North Richland Hills 76180 23 1/1991 DND DND Les Geller.president Northeast Tarrant County 656-1000,lea 656.4855 Helen Painter Co.,Realtors 11+2 Forest Park 81vd.,Fart Worth 76110 Dick Holmes,president; Fort Worth;Tarrant 15. 923-nit;lea 91f-SON 23 1/1958 $26.53 million 251 Helen Painter,CEO and Parker counties web site www.helenpainter.com Century 2P Eden A Associates . 414 W.Euless Blvd.,Euless 76040 1/1971 DND DND Nang Bright HEB,Grapevine.CalleyNlle, 17. to-ISIf,fax 21 5I5-8I01 Southlake ,--e-mail c2tnanb@aol.com - Prudential Keystone Realty Inc. 18. 8529 Boat Club Road,Fort Worth 76179 19 2/1990 DND DND Syble F.Sherburne Northwest Tarrant County 136-5000,tat 136.1637 Century 21 Lake Country Realty Turner M Wuntt, Northwest Tarrant County, 19, 7000 Lake Country Drive,Fort Worth 76179 16 1/1972 DND M.DND broker/owner Eagle Mountain Lake 236.8757,lea a6-3318 - - ERA Trademark 20 3527(Im Wright Freeway.Fort Worth 76106 12 1/1984 $20 million In Joni B.Alexander-McKee Tanant,Wise 232-8805,fax 1124.1137 and Parker counties web site wwwresltor.comhnetroplea/eeatrademark - - - - - -- NOTES:The following compann did not respond by press thne:Century 21 A.Barren Co.Inc.,No.15 on last year's list, Source:The agencies and ERA Real Estate Services.No.18.'-Figures are for 12.nmonth period from August 1997 through July 1998. Resnrther,Valerie E.Rowe -Figure h for calendar year 1997.MID-did not dlscbse PAGE 6 A THE BUSINESS PRESS REAL ESTATE QUARTERLY.SEPTEMBER 25.1998 Tarrant County's largest commercial real estate agencies III Ranked by license-boiden actively engaged in sales,leasing or property management u a Lead Rank Name of firm,add ,elude,fan,e.mdl/web alto yenta bunches Tut local nrcutive Specialties Tear founded W.edm.at Realty Misdates - .., - •i': - tr- "3 :;.;:.,.-,-,. ;, • metrics cottetterdal nod estate brd�a retail,office 6500 West Freeway Ns.100,hit%rib•76116 'y' �. ,^t,sT-„� ::-r. 1• 732-4000,fax 735.4738 V,-_,. •:�- ,.•".•. .,15,T `..%R.;•J-Dnrid... rd Ydtm W pogo wd salmi tenant ire 1980 web site mew,w.odnseot .a cr . arid kinsmen property and Lind des CI Richard Ellis Inc.' Industrial,office.retail.land.apartments.connr,e..W sales 2, 2000 E.Lamar Blvd.,No.S00,Arlington 76006 26 2 NW Petry and luting,Investments.property management, 1906 261.0222,lea 161.7771 appraisal.mortgage banking MAIFStendalgh Nutt.irons.McD.w.11 r •a' '."'-�.•� 1i::'- ..-IA,r- "�.. �ykpn,dyp n and tenant representation 301 M.lo St.,No.NO,Fort Werth 76102 22 . ,;;I;+c •.}Sam arms 'services for dike,raitei•Industrial,hnoomsot properties 1986 3• 877-4413,fax 170.2126 ;ir- and lard ' web site wwwahfn.em - U The Centre Group LLC Full-service commercial real estate company;sales.teasing 4. 1612 Summit Ave.,N..200,Fort Werth 76101 I I I Sam R.Day and property management of office,retail medical office 1984 338.1100,fax 33S-936S and Industrial Kelly,Goren A Searcy Inc.. Grunt representation;uflc lreta0 leasing,Mare aneet 101 W.Eighth St.,No.300,Fort Werth 76101 11 1 ." „.Byron Searcy property tales,emmerdal asset management,real emits 1998 •4e 33s.7575,fax A6-s,u consultadmn web sits www.kellygeren.c.m - Kim Martin Co.Inc. Full-senke commercial real estate brokerage.leasing . 6. One Summit Are.,Me.110,Fort Worth 76102 10 I Kkn Martin management and sales of commercial retail,Ohio 1987 334.1810,lea 336-1193 and Industrial real estate • Williams C.)inning.Co. Fri-torvlce commercial b okerage:elks.retail and 7. S00 W.Ileh St.,Me.100,Fen Werth 76102 9.". m' 1 Bel Jeningr industrial sales and leasing;multifamily W family properc land slat; 1965 A6-lOS sex 311•5I00 - prat, a•ageuerrC immanent properties"Ill Teal f�wcJe.c.m ' The Mahens Co. 8. 2100 Airport Freeway,No.2)0,Redford 76012 8 I Jim Makers Retail,office,land,property management 1994 S40.3219,fax S40.1503 . Iradlord Cos. Commeclalreal estate brokerage including soles,leasing, 9• 600 Six Flags Drive,Ne.SOO,Arlington 76011 6 I R. Skinner Skier property management,construction and real estate 1972 261.1031,Fax 261-1403 development and consulting web site www.bradferdrealty.com Ellis A Tinsley Inc. 9• 6421 Camp Boie,No.)O3,Fort Worth 76116 737•5000,fa.7I3.3917 6 1 Vic Tinsley William T.Ellis Commercial and investment real estate 1983 e-mail eandt@elfit-tinsley.com S Henry'S.MIIIsr Commercisi Reel Estate - 9• 1221 E.Lamar fled.,No.170,Arlington 76006 6 2 David R.Dun Industrial.Investment office,sales and leasing 1914 640-1114,lax 640.1010 .•mall millgew@henrysmlll.r.cem Michael E.Coat.nxa Inc. Full-service commercial real estate brokerage;investment 9. 1517 J.cks6ere 25-44Fy Fort Worth 76114 6 I Mike Custanaaproperties,multifaml retail,office,Industrial,land,sales 1993 625.646{,fail{15-6111 lag• web.site www,cllmc.com and leasing Peyce Properties Inc. . 9. 1703 N.Fe7co Drive•Arlington 76001 6 1 James Malbach Industrial,offices,commercial land and burnt 1976 167•{807,fail I65.7461 e-mull awreal@flaah.net . • Butler Commercial realty LLCFull-service real estate brokerage and management;sales and 141307 Eighth Are.,No.M2,'Fort Worth 76104 S I James Blake,Denwood Butler, letting of Commercial and Industrial land and ranches;tenant 1987 . e-mail fie,lea 924.1118 Janet Powers and buyerre resentation e-mail mfmbres@flash,net P Cowtown Commercial Red Estate 14247 Worm Cants Ned.,Fort Wain 76161 . 817.918),lea 1117-926I 5 1 Barbara C May Development property,pad sites,ranches.Industrial 1983 e-mail cowtown@cyberremp.net SCM Real E Services , 101 W,Randall Mill Road,No.120,Arlington 76011 5 2 G Walker Commercial real estate,propertymanagement 1992 14. 226.0000,far 860.418oGuy g e-mail scmrealestate@freewwweb.com United Commercial Realty s 14. 1731 E.Souehlake Blvd.,fovthlake 76091 ,5 1 Mickey Ashmore Largest brokerage kern exclusive to retail In Texas 1996 "TTII 324-0100 !tax 1SI-8717 web site www.u.rrealty.com Innovative Developer.Inc. 14777 Main St„No,G•300,Fort Worth 76101 Commercial leasing,property management 1969 . 37S-1S00,fail I35.6111 5 I Everett A Robertssales and development e-mail idiglen@dfw.net Dailey Resources Inc. • 1901 Central Drive,No.650,Redford 76021 4 I M one DaileyManufacturingwith real estate property1987 19. 751-S57T,fat 754-5579 aryl e-mail daileymj@aol.com Durbin and Associates 19. 4104 Kingswick Drive,Arlington 76016 4 I Larry Durbin Industrial.office,land 1986 419-3036.fax 446.0111 Trammell Crow Co.—Tarrant County .19. 5009es•6e66,Throckmortonfail ,No.e9s-solo 2702,Fort Worth 76101 m Ea e F 4 2 J' gI DND , - 1998 e-mail jeagle@erammeilcrow.com NnrE; the km dons no,air lode Ones primarily involved In leasing captive properties The following did nut respond by press time:Insignia Retail Group.No.10 on last year's list. Sources The malls,turns.4 and leasing agent: and f.-hh A Elks,n.Nn IS '—Formerly known as CR Commercial Peal Estate Group Inc '—Formerly known as Ferree&Searcy and Kelly.Goren,Eagle&Woodson Inn Researcher:Valens E Rowe li ..Ma,,,nlfre 1n01 Frestm,Rnad.No 272.Dallas 7 5 205-(2 1 t)526-6262.DND—Did not disclose. ytfrve )4, rp oco# urvetiv ()AI (ivele)e, (Of" tir - 'v k);je.) City of Southlake 211 Office of Economic Development Kate Barlow September 15, 1998 . ram- � �—�- �=�'z'•��=ia� .ctii:,P Dear Robert, I just want to say thanks for your assistance and knowledge over the .past few mon the W,.the=Officer-ofEconomic Development prepared for its fir PowerPoint presentationt last night. It's hard • to describe how much we appreciate yme and energy with enhancing our presentation _and fmdingtune to set up the equipment at the Lodge. Again, thanks very KGB • • . 'vl i 4 set' 1i 1 ��i r ",r�flllli7'T q • • ± yi TARRANT COUNTY •-�`'� OFFICE OF THE + CRIMINAL DISTRICT ATTORNEY TIM CURRY JUSTICE CENTER CRIMINAL DISTRICT ATTORNEY 401 W.BELKNAP 817/884-1400 September 8, 1998 FORT WORTH, TX 76196-0201 Director of Public Safety Southlake D.P.S. 667 N. Carroll Avenue Southlake,Texas 76092 Dear Chief Campbell, On August 2, 1998, in the evening hours, myself and James Evans happened upon a second crime scene in a case in which a mentally challenged child had been repeatedly sexually assaulted. The victim had been sexually assaulted on a red sleeping bag on a mattress at the end of a dirt road. The Defendant had repeatedly taken her to several nearby areas in Grapevine. Grapevine Police Department investigated the case,prepared a warrant and presented the case to the Tarrant County District Attorney's Office. The Defendant was subsequently indicted and his case was pending. 111) In meeting with witnesses,we learned of what was possibly another crime scene across the Southlake border. In exploring the area,we came across the remnants of what appeared to be a red sleeping bag. Ecstatic that we may have found a corroborating piece of evidence, we were sorely disappointed to learn that the originating agency and the lead detectives refused to respond to the scene. They instead said, "It was not their jurisdiction." Knowing we could not risk making ourselves witnesses by collecting the evidence, we turned next to the Southlake Police Department. Officer Kyle Gaede responded within five minutes and stayed from approximately 6:30 p.m. until well after 10:30 p.m. when the evidence had been seized. Officer Curtis Morgan appeared shortly thereafter. 'Detective Rhonda Mason,who was off- duty that Sunday evening and had her son's first day of school the following morning responded within the hour, crime-scene kit and camera in-hand. Officer Gaede set up a perimeter and stood guard while Detective Mason unearthed the remnants of the bed covering for more than three hours, and well into the night with only a small flashlight to see by. This work was painstakingly slow due to her meticulous attention. She was enthusiastic throughout the hours and recognized the importance of the find. Even Sergeant Brown made a brief appearance to check on our progress. 0 Director of Public Safety Page Two August 27, 1998 To all of these officers, I owe a debt of gratitude. I want to commend each of them, especially Detective Mason. Their dedication and devotion to a victim, whose name they did not know and whose face they had never seen was unmatched. Their professionalism should be the standard,rather than the exception. I look forward to working with these officers again in the future. Thank you again, TIM CURRY CRIMINAL DISTRICT ATTORNEY TARRANT COUNTY,TEXAS M. S CHRISTY JAC (• s ' tant Criminal Distric • ttomey CJ/al • • i0 7...f).7 cb--r7 WAy tVie , sti'0-b / 4,7,.),..r.0 t., . 1254 3 I (r�0:r -was) v ,oil- - G ,-2,-1--rtrfryx- Qx' -D-rnivirruri • /--re-4--1.4:).0-1,77:4- p:Thi—errY4 rc.6,-..44/ eryx" • . 4.9.,,i 24 (r.c„_rvQ„..d.. eti_p_t_v,LAA___070 -nix - Z.,.01,1,g .//1,7_yrrytop.A_ .-rvy- - ,. - r r„tAt:272 -r11-- /A' -y-1.4_0 -44-12 •-p----r-t-4-"A4-cr2-7V ,n_veoyv . r,o a.,, Z...-,-,1,nr �v�' S . 47--. -vrukd--0 '-'7-t" 4 . -74 rtelfie . 1 ,Ta_orar .--,.-7-70--r-,A.4,1,91.41,-=, A ,/_y_try-7. -'.'.:~ t,- ___fir' -- „To...111,v o rvtoor4 -/viA,L. -1/-0--a-.6, _ 566? '- r-1 ,-,--4-4-0-git-74 • -----_________----.1-___ fec-____-_,L,„_____ __21.„7_4 jE ESL r i d�-. �c[t, ` C"J 1}� ��``i ;f ff 0 2-62a//cox J a 5 , /, L., 98 e,i2--<-",/ /2,/,( 2_' • - ZOU_ pp, Lr -- �� ( f - c aO?) 670 - 7i8 ), • J � � rtie G L G �� p ,i:'(;,ix: ,�L:'i' F7rrF.x lid,°,;, c :dii.•Yiio: �J":+.J,'A�•��.... • � r . yrr, re, { 4"; ry{it,,,a: ' }. , t�:y.a �a-.: r,. ;:!I_g. r.,.,,:',a ''r7' ,:i,H,,,•' •a! i.' - r�'M; -; ':I';"i.•MK}$�i` ,'4'�,}Ir,, I, $�,�.�`'•�,:': ,�Ir , •N�dj`�''� .Ar; ;<.0 "t'c''•I;i. .,' • � �;i.4.1:I, ,I i7p�.a��u fit,�g�S l'� { ti, I I,. , nri� '`�t � �' �'d..; : ' New An 0at Skin ... Microden HEARTFELT other anti-agit recently army rope,said Mo of the Skin Ca T T vine,Texas. Used itt l 1 fl therapy for tl J ` �--� / it's a'safe all cal peeling an abrasion, an • than laser res The strict! • TO., 1''1"1�+ cess uses a t ;:• r' t`. a aa.r crystal that's ; ; • the skin,reuse :;I` . 'agedskincel SDTHLAVE < • hta"beau .. Sciei 11EPAETMEKT ence Alive i l [ti �C SAffTT❑ electrichild c pal . using micro: loon cars,n other science • Featuring they teach ; S •iL Activities & I TTS,;.a ',E DERSHIPF; 'AND TO,'! you This yv! onSaturday, • 10:00amto OIHEAI IN THE T OLICE�, [IRE AND (' • T; O CATIOI1is itEPAR. S WHO:. SERVE THECITI�IS 'OF f,: • . ..,,Rt O KE SO..TIRELESSLY® . . M . .E C IMLEF'A , AT rTo get the ri today.Srna nded• . AND THE EXTENDED FAMILY °p Sports nN wit , OF . . BUY ON • .. ��` , ^,�;IGI<< •E ),L, '�`�i• EMPLOYEES GE' Upcoming Meigpgs and Events IPOctober 4 - Wer 24, 1998411 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Oct 4 Oct 5 o Oct 6 Oct 7 Oct 8 Oct 9 Oct 10 m Crime 8:00am Chamber 00 11:30am-1:30pm City _7:OOpm City Council ` 7:00pm Council Briefing Meeting I Control District Mtg Board Mtg 7:OOpm Mayors' 7:00pm SYAC 7:00pm P&Z Meeting Council Meeting 7:00pm JUC Meeting 0 Admin 7:00pm KSB at Bicentennial Park Oct11 Oct12 Oct 13 Oct 14 Oct15 Oct 16 Oct17 6:30pm Youth Park 6:00pm Special 1 12:00pm Mayor's 7:30am Metroport KSB Trash Off Bd Mtg ® BicPk Meeting City Committee Luncheon Meeting Day 7:00pm Park Board Council 7:00pm Sister Cities Mtg CO City Hall - Mtg a Senior Ctr Oct 18 Oct 19 Oct 20 Oct 21 Oct 22 Oct 23 Oct 24 11:13am-7:30pm City 7:00pm City Council' 7:00pm SYAC 7:00pm P&Z Meeting 12:00-3:O0pm COS Make a Difference Council Briefing Meeting Meeting Employee United Day 7:00pm Historical Way Kick-off 6:00-1O:O0pm Society Mtg Harvest Fest and Carnival at Bicentennial Park Events subject to change; call to confirm before attending 10/2/1998 �sPI city manager s report . ®� October 2 1998 City Council Meeting - October 6, 1998 111110110111111311. The following items will be addressed at the regular City Council meeting on October 6`h. �Uthl • October 5, 1998 Consent Agenda Keep Southlake Beautiful B) Ord.718 Granting a license for installation of digital data communications 7:00 p.m. Community Center, C) Ord.714 Granting a franchise for cable television service within the city D) Ord.719 Changes to regulate food mngr. certification and food handler training E) Approval of Kevin Hugman as the Director of Community Services October 6, 1998 F) Ord.716 Establishing a Library Board • City Council G) Award of bid for installation of a traffic signal at FM 1709 and Shady Oaks H) Approval of variance to sign ordinance for Newcomer's Club 7:00 p.m. Council Chamber I) Award of bid for realignment of N. Carroll Ave. at FM 1709 J) Professional services agreement for engineering and design of N. White Chapel October 7, 1998 K) Award of bid for extension of sanitary sewer to the Sabre Building Youth Action Commission L) Ord. 723 Changes to name, appt. of members,and membership for SYAC 1VI) Award of bid for facilities at Bicentennial Park Expansion Ph. II 7:00 p.m. Community Center N) Amendment of Park Donation Policy, providing for trees as memorials Crime Control 0) Naming Bicentennial Park loop road "Bicentennial Drive" 7:00 p.m. Council Chamber P) Approval of Scope of Services agreement with G.R.A.C.E. Q) Approval of Scope of Services agreement with Lake Cities Community Band R) Approval of Scope of Services agreement with Northeast Tarrant Arts Council October 8, 1998 • S) Approve Ethics Statements for City sponsored Youth Recreation Program Planning Zoning T) ZA 98-099 Plat Revision for Hart Industrial Park(#7) U) Ord.721 Change-Rainbow Dr. to Rainbow St.&Windsor Dr. to Chatham Ct. p.m. Council Chamber0 V) Permission to advertise for bids to repair of concrete pavement on Creekwood Bend, in Timarron, Ph. I 7:00 p.m. Admin. Building W) ZA 98-100 Plat Revision Commerce Business Park(#7) X) Professional services agr. w/Schwarz&Assoc. for design of Town Hall Y) Professional services agr. w/Urban Architecture for design of Town Hall Development Activity Public Forum Presentation from the Joint Drug and Alcohol Awareness Committee , P&Z - October 8, 1998 98-101 Site Plan, Diamond Circle " Ordinances, second readings, public hearings, and related items: Estates (#10) A) ZA 98-058 Site Plan for French Square Office Complex(#9W) B) ZA 98-083 Plat Showing-south side of FM 1709 approximately 1,100' west of Byron. 98-102 Final-Plat, Timarron Nelson Pkwy. (#9W) Village H (#9E) C) Ord.480-290 Rezoning and Concept Plan for Gateway Plaza(#7) 98-105 Revised/Concept Plan, St D) ZA 98-066 Specific Use Permit for sale of Alcoholic Beverages for on premise Martin in the Fields (#15) consumption at 500 W. Southlake Blvd. Ste. 138 (#10) E) ZA 98-067 Specific Use Permit for Outside Storage and a Concept Plan for the north 98-106 Site Plan, Kirby's side of E. Continental,north of the intersection with Timberline Ct. (#8) Steakhouse (#7) F) Ord. 713 Granting a franchise for the provision of telephone service in the city 98-107 Specific Use Permit, sale G) Ord. 717 Designating the speed limit as 25 mph for certain streets, of alcoholic beverages, Kirby's H) Ord.715 Granting a license for the installation of telecommunications equipment Steakhouse (#7) Ordinances, first readings and related items: 98-108 Site Plan,Campus Cir. _ A) Ord. 480-BB Impervious Coverage , Parking lot, Westlake/Southlake B) Ord. 722 Authorizing the issuance of tax notes, Series 1998 Park (#2) . - • 98-109 Revised Site Plan,Campus Resolutions: - 0A)�' arking lot, Res. 98-68 Creating Joint Drug&Alcohol Awareness Comm. and appointing Council ke/Southlake Park (#2) representatives 9 - 10 Revised preliminary Plat, Other Items for discussion Shelton.Wood (#3) A) Ord.537 Smoking-Regulations 11 City of Southlake,Texas 0, Recent submittals for your information. CASE DESCRIPTION 98-105 REVISED CONCEPT PLAN Lot 1, Block 1, St. Martin-in-the-Fields Addition Location: 223 South Pearson Lane Current Zoning: "CS" Community Service District Applicant: D/B Constructors, Inc. Owner: St. Martin-in-the-Fields Episcopal Church 98-106 SITE PLAN Lot 9, Block A, Southlake Bank Place Location: On the southwest corner of the intersection of State Highway 114 and East Southlake Boulevard(F.M. 1709) Current Zoning: "C-3" General Commercial District Applicant: Kirby's Steakhouse Owner: Southlake Investments, L.L.C. 98-107 SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES Lot 9, Block A, Southlake Bank Place Location: On the southwest corner of the intersection of State Highway 114 and East Southlake • Boulevard (F.M. 1709) Current Zoning: "C-3" General Commercial District Applicant: Kirby's Steakhouse Owner: Southlake Investments,L.L.C. 98-108 SITE PLAN Lot 1, Block 1, Westlake/Southlake Park Addition No. 1 - Parking lots Location: On the northwest corner of the intersection of State Highway 114 and Kirkwood Boulevard Current Zoning: "NR-PUD" Non-Residential Planned Unit Development District Owner and Applicant: Maguire Partners 98-109 REVISED SITE PLAN Lot 1, Block 1, Westlake/Southlake Park Addition No. 1 -Parking lots Location: On the northwest corner of the intersection of State Highway 114 and Kirkwood Boulevard Current Zoning: "NR-PUD" Non-Residential Planned Unit Development District Owner and Applicant: Maguire Partners • City of Southlake,Texas .8-110 PRELIMINARY PLAT SheltonWood Location: 570 East Dove Road, on the north side of Dove Road approximately 150' east of the intersection of East Dove Road and Ridgecrest Drive Current Zoning:"SF-lA" Single Family Residential District Applicant: Four Peaks Development Owner: John Shelton, Charles Bell,Jr. and Elaine Bell • S City of Southlake, Texas MEMORANDUM September 30, 1998 TO: Curtis E. Hawk, City Manager FROM: Charlie Thomas, P.E., Deputy Director of Public Works SUBJECT: CEP Status Report Attached is the status report of projects currently included in the City's Capital Improvement Program for 1996-1998. This monthly report is in a narrative format, which describes the ongoing progress of each project. A graphical schedule of each project is also included which shows the current schedule with it's corresponding baseline schedule. These narrative and graphical updates will include the following: 1996-1998 Sewer& Water Infrastructure CIP Projects 1996-1998 Roadway Improvement CIP Projects • 1996-1998 Neighborhood Sewer/Street CEP Projects S.H. 114 Reconstruction Projects • Miscellaneous Projects CJT/sp • Attachment: CIP Report S • MONTHLY CAPITAL IMPROVEMENT PROJECTS UPDATE October 1998 1996-98 Sewer and Water Infrastructure CIP Projects SEWER INFRASTRUCTURE . Project Description: Dove-Estates Lift Station &Sanitary Sewer Improvements Discussion: Currently, the Dove Estates subdivision is served with sanitary sewer. This sewer flows to a small treatment facility where it is treated and discharged into Lake Grapevine. This treatment facility is a maintenance problem and requires daily upkeep. In order to abandon the treatment facility, a lift station needs to be constructed so the sewer can be pumped within a force main to the gravity sewer located in Lonesome Dove Estates. The design of this project is complete and the plans have been reviewed by the city. This project was originally proposed and funded for the FY1996-97, but because no improvements to this project can occur until improvements to the lift station at Lonesome Dove Ave. and E. Dove St. occur, this project was delayed and placed in the FY1997-98. The construction of this project will be part of the contract to reconstruct Lake Drive. The estimated design and construction cost is $195,500. 1998 1999 2000 I • ID Task Name Duration AISIOJNJD JJFJMJAJMJJJJIAJSJOINJD JJFIMJAJMJJIJIAJSJOJNJD JJFIMJAIMJJJJJAISIOJNJD JJFJMJA 56 Dove Estates Sewer 381d • 57 Desgn 131d • 100k ' 58 Review Flans 35d ' G ' 10V%'; ; ; ' 0 59 Cblain fight of Way Od • 0 *1l1 60 FnafzeFlans 25d % 61 Advertise 21d ' 0%, F*i r : 62 Councd Bid Award id 0 1020 1 ' 63 Obtain Contract Documents 15d p 0/ 64 Reconstruction Conference 1d 0 '11/11: ; I 65 Construction 1 90d 0% , Project Description: Crossroads Square Sanitary Sewer** Discussion: The City budgeted $225,000 in the CIP budget to construct a sanitary sewer line from the existing lift station at Crossroads Square to the existing sewer line at the end of Caddo Lake Drive in the Lakecrest Addition. A portion of this project was approved and funded for the • FY1996-97. The original alignment of the sewer was revised due to the developer of the Shady Oaks Retail Center participating with the city. Under this new alignment, the portion of the sewer line from Caddo Lake Drive to the north side of F.M. 1709 was constructed. The remainder of this sewer line is from the entrance to Bicentennial Park to the lift station located at F.M. 1709 and N. White Chapel. With the completion of this section, the existing lift station will be abandoned. The construction plans are complete and have been reviewed by the city. The required easements are now being obtained. • ill , * Designates a new project ** Designates a revision to a previously proposed project 1 S 1997 1998 1999 2000 ID Task Name Duration 0 JIFIMIAI 199 �A�S�O�N�D J�F�M�A�M�1998 S�O�N�D J�F�MLA�MJ1999 S�O[N�D J�F�M�A�M�20JIA 89 Crossroads Square Sewer 325d S #' e : 90 Design 80d 100% 91 ................. evewPans 18d 0 100°� 92 Obtain Right of Way • 185d t _ . 25J 93 Finalize Flans ..,..m 3d a • 1100% 94 Advertise 28d `t : . '01, 1 95 Cauncl Bid Award 1d . . d, . �111 0 ; 96 Obtain Cordract Documents 15d p: : , . . O% . , 97 Reconstruction Conference 1d ' . :0_ : : . I' •12122 i . - • j 98 Construction 15d • 0% Project Description: S-7 Sewer Line Extension* Discussion: The S-7 sewer line serves the southeast portion of the city. With the construction of this extension, the city can eliminate the wastewater treatment facility at Bank Place. This sewer line will also serve the commercial and industrial sites located in this portion of the city. The estimated design and construction cost for this project is $1,000,000. The design of this project is complete and- the city anticipates construction will occur within the FY1998-99 with developer participation. The city allocated $100,000 for the design costs in the FY1997-98 budget. The remaining $900,000 for the construction of the sewer line will be budgeted in future years in the CIP budget The intended completion date for this project is February 2000. 1998 1999 2000 2001 : ID Task ••Duration D JIFIMIAIMIJIJJAISIOINID JIFIMIAIM]JIJIAISIOINID JIFIMIAIMIJIJIAISIOIN�O JIFIMFAIMIJIJIA 122 S-7SewerExtension • 513d ' SI 123 Design 130d 100% • 124 Review Bans 15d 100°6, 125 l Obtain Right of Way 150d I: , + !! 4-0%; 126 Fnalize Flans 15d : A 0%` . . 127 j Advertise '__,..V.....,.._k w,. wM1,.. 21d : : : I ; .°% Bid 128 f CaunciAward 1d I �..5118 • 129 { Obtain Contract Documents 15d• 0% • 130 Reconstruction Conference 1d [ 8/9 • 131 Construction 180d • I - 1 0°, • . Project Description: N-5 Sanitary Sewer Line (From FM 1709 to Kimball Ave.)* Discussion: This sanitary sewer line will serve the properties located between F.M. 1709 and - S.H. 114 from the Wall Street bridge to Kimball Ave. Following the construction of this sewer ' line, the lift station at Bank Street will be eliminated. The anticipated construction cost for the sanitary sewer appurtenances is $352,000. The engineering will be funded in the FY1997-98 CIP budget and the construction is anticipated to take place in the FY1998-99 with developer participation. The engineering has been authorized by City Council and is the beginning stage. IP . * Designates a new project ** Designates a revision to a previously proposed project 2 . 1998 1999 2000 2001 0 1 10 ITaskName Duration MIAIMIJIJIAISIOINID J1FNAIMIJIJIAJSIOINED JIFIMIAIMIJIJIAISIOINID JLFIMIAIMIJIJIAISIOI"! 133 N-5 Sewer Extension 513d . . I . 134 Design , 130d M20% -!20% : . - 135 Review Flans 15d , : ; ; 10% ' ' : 136 Di)ta n Rght of Way 1 0d ;0% . 137 Fnal¢e Flans 15d G°h ' ' � : • 138 Advertise 21d • it 0% 11 139 Counci Bid Aw ard 1d . ' A% . . • 140 Obtain Contract Documents 15d , : ; ; 610% . . 141 I A econstruction Conference 1d . +0% , ` : _ . 142 Construction 180d ; . . i : ; , ,. , .1 0% : . . DOVE STREET PRESSURE SEWER SYSTEM Project Description: Dove St. Force Main (Lonesome Dove Ave. to Kirkwood)** Discussion: The first phase of this project was originally approved and funded for the FY1996- 97. The first phase will be constructing a 14" force main along Dove. St. and modifying the existing lift station located at Dove. St. and Lonesome Dove Ave. In the future, an additional 18" force main along Dove St. will be required in order to serve the subsequent development and the existing homes connecting to sewer. Therefore, instead of constructing the 18" force main at a later date and disturbing the area a second time, the city will construct the 18" force main at the same time as constructing the 14" force main. The estimated cost to design and construct these sewer force mains is $1,119,800. The design of this project is complete. The utility easements • are now being acquired. The expected completion date is March 1999. City Council authorized the section of gravity sewer along Kirkwood Blvd. to be bid. 1997 1998 1999 2q ID Task Name Duration OINID JIFIMIAIMIJIJIAISIOINID JIFIMIAIMIJIJIAISJOINID JIFIMIAIMIJIJIAISIOINID JIFJMIAIMIJi • 45 Dove Road Sewer • 657d : S • 46 Design 347d ' . 0 1 ; ' : ' i 47 Review Pans 65d . © 10C¢,A 48 Obtain Right of Way185d ".... .,. 'I 49 FnaizeRans 10d : : ; . . ,t016 1 ' 50 Advertise 28d C 0%! ' 51 Council Bid Award 1d ; 0 ' : +,12/10 , I 52 Obtain Contract Documents 15d 0°,6 ; i Qi t . 53 Peconstrucban Conference 1d ,0 I �111. 54 Construction 120d : : ,:, ' L. 1 I • I i 0=� • Project Description: 18"Force Main from Raintree Vicinity to Kirkwood Blvd* Discussion: This force main will convey the sewer from the Raintree/Shady Lane vicinity to the proposed sanitary sewer line at the intersection of Dove St. and the future Kirkwood Blvd. The cost of this project is estimated at $712,800, although only $432,000 was appropriated for the FY1997-98 budget. The remaining $280,800 will be funded in the FY1998-99 budget. This project is in its beginning design stage. The design was delayed due to changing the alignment of the force main to cross the Tract III, Westbrook property and property owned by CISD on Highland. The.preliminary schedule for this project is as shown on the next page. ill * Designates a new project ** Designates a revision to a previously proposed project 3 • • • JjJ 1999 2000 111 ID Task Name Duration A!SIOINID J�F(M�A�M�1998 S�O�N�D J]FIMIA1M1J�J�A�S�O�N�D J�F�M�A�M�J�J�A�S(OlN�D JIFIMIA 78 Force Main from Raintree Vicinity 64Od , 0i 79 Design 275d 80 Review Pans 30d ! : ` tz;i3 , is 0% . ; 81 Obtain Rght of Way 15Od • - } ' •0% • . 82 Fnafze Pans • god : p 1P% 83 Advertise 28d : : i , i t D% • : 84 Council Bid Award i 1d • • 0°6 85 Obtain Contract Documents 15d p 0%; 86 Reconstruction Conference 1d . • , , • i'o • • 97 Construction 150d ... �' . 0% Project Description: Lift Station Located in the Raintree/Shady Lane Vicinity* Discussion: This lift station will pump sanitary sewer from the Raintree/Shady Ln. area to the gravity sanitary sewer located at Dove St. and the future Kirkwood Blvd. The estimated cost of this project is $467,500, of which $318,750 was allotted for the FY1997-98. The remaining $148,750 will be allocated for the FY1998-99. This project design is completed and the plans have been reviewed by the city. Permission has been granted by the City Council to advertise for bids, however the city is waiting for final confirmation from the U.S. Army Corps of Engineers in order to build in the Corp flowage easement. The anticipated schedule is as follows: 1998 1999 2000 ID Task Name Duration AISIOINID JIFjMIAIMIJIJIAISIOINIO JIFIMIAIMIJIJIAIS(OINID 89 LIRstation Raintreel5hadykea 475d 90 Design 185d i 10O°h 1 : • s 91 Review Pans 45d 1}£o%' 92 Wain Pght of Way 150d � 100% . . 93 FnalzePans 2Od 100% 94 Advertise 28d 0A 95 Council Bid Award I Id : ; I; i0% • 96 Obtain Contract Documents 15d 0°,62 • _ : 97 Reconstruction Conference 1d : • • • ' 0% . 98 Construction 150d : : l ( 6� : Project Description: 18" Gravity Sewer Line from Mesco Lift Station to Proposed Raintree/Shady Ln. Lift Station* Discussion: This sanitary sewer line•will begin at the existing lift station located near the Mesco property and extend to the proposed lift station in the Raintree/Shady Lane area. The initial alignment of this sewer line was to extend along the Jones Branch creekway to the proposed lift station located in the Raintree/Shady Ln. vicinity. During the preliminary design process, it was discovered that there would be an enormous amount of restrictions and permits to comply with if the aforementioned alignment is utilized. These permits and restrictions are attributed to the existing water, marsh, and wetland areas. Therefore, a second alignment has been proposed to extend along Kimball and connect to the proposed lift station in the Raintree/Shady Ln. vicinity. This alignment will bypass the critical areas of the Jones Branch which are sensitive to disturbance. With the construction of this line, the existing lift station at Mesco will be eliminated. The estimated design and construction cost is $250,000, although only $30,000 was ® appropriated in the FY1997-98 ClP budget. The remaining $220,000 will be funded in the * Designates a new project ** Designates a revision to a previously proposed project 4 • FY1998-99 budget. This project is in its beginning design stage. The preliminary schedule is depicted below. 1998 1999 2000 ID Task Name Duration AISI0JNJD JJFIMJAJMJJLJJAJSIOINIO JJFJMJAJMIJJJJA1S!OINID JIFIMIAIMJJIJIAISIOINID JIFJMIA 100 18"S.S.Line from Masco to Raintre° ' 643d : 101 Design 278d ; t F 70e,6 70% : 102 Review Flans 30d : . i © I 0% 1 . . , 103 Obtain Right of Way i50d �.... t iv% 104 Fnaize Flans 20d ; ; ' 0 ' , : 105 Ase . 28d : . � 11 ; . , 0% , ,dvgti 106 Council Bid Award 1d ; . ; : , 107 Obtain Contract Documents 15d • , ! : . n; : ' 10% : 108 Reconstruction Conference 1d • • I ' T0% 109 Construction • 150d r--_ ----. f, 0% WATER INFRASTRUCTURE Project Description: 12" Water Line along Continental to Crooked Lane to S. Kimball to F.M. 1709 Discussion: Currently, the existing 12" water line along F.M. 1709 is fed only from one direction. With the construction of the above referenced water line, a loop with the existing 12" water line along F.M. 1709 with the 12" water line along Continental will be created. The plans for this project have been completed and reviewed by the city. The city is in the process of obtaining the required easements for construction. The easement acquisition should be complete • by mid-November. Construction is anticipated to take at least 180 days. 1997 1998 1999 i 2' ID Task Name Duration OJNJD JJFJMJAJMJJIJJAJSJOJNJD JJFJMJAJMJJJJJAISJOJNJD JIFIMIAIMIJIJIAISIOINID JJFIMJAJMJJ 67 ContinentrllGmball Water 721d 68 Design 240d .. , .,100%' : , li ' i _ • , 69 Review Flans 107d z] i10I0% 70 Obtain fight of Way 288d ' . t • �� - �60% 71 Rnaize Flans_ .- .w..._,_., ... 10d a • i 0% 72 Advertise 28d ' •t9 0% : 73 Council Bid Award 1d : i <:>; : 12131 74 Obtain Contract Documents 15d : ' • ' ' i 0% ; : ( 75 Reconstruction Conference 1d 1122 • 76 Construction 180d 4 € - - 0� • Project Description: 12" Water Line -Dove St. to Kirkwood Blvd** Discussion: This project will provide water service to the IBM complex in Solana as well as the future development along the future Kirkwood Blvd. This project was approved and funded in the FY1996-97 CIP budget. The estimated cost for this project was $326,000. Construction is complete for this project and finished ahead of-schedule and under budget. Project Description: 24" Transmission Water Line from Trophy Club to Ground Storage Tank No. 2** Discussion: This water line will provide a second main feed for the city from the City of Fort Worth. This project was approved and funded for $1,300,000 in the FY1996-97 CIP budget. • * Designates a new project ** Designates a revision to a previously proposed project 5 S For the FY1997-98 CIP budget, $105,500 was allocated with the remaining $105,500 budgeted for the FY1998-99 CIP budget. The design of this project is complete. The construction plans have been reviewed by the city and are finalized. The city is in the process of obtaining the necessary easements for this_project. 1997 1998 1999 2000 ID Task Name Duration D JJFJMJAJMJJJJJAISIOJNJD JJFJMJAJMJJJJJAJSJOJNJD JJFJMJAJMJJJJJAJSJOJNJD JJFJMJAJMJJJJIA 12 24"Transmission Water Line 736d ! ' , ; i. ; i i ; ; 13 Cesign 180d .+ 100% 14 Review Plans 50d p 100°.6' . : . 15 Obtain Right of Way 332d I • `50% ; i is 16 FnalizeFlans 10d1 a 1120% ' : ' 17 Advertise 28d • • • ; p 18 Counci Bid Award 1d ,6 : ' •' 12131 ; • ' • 19 Obtain Contract Documents 15d : : , , o • ' ;% 20 Reconstruction Conference Id a • 122; • 21 Construction 240d • Project Description: 24" Transmission Line from Ground Storage Tank No. 2 to Dove Elevated Tank** . Discussion: The construction of this water line will provide a redundant source from the proposed Ground Storage Tank No.2 to the Dove St. elevated water tower. The' estimated design and construction of this project is estimated to be $850,000 and is financed through the FY1997-98 CIP budget. The construction is near completion for this project. 1997 1998 1999 20 S I ID Task Name Duration olNJD JJFJMJAJMJJJJJAJSJOJNJD JJFJMJAJMJJJJJAISJOJNJD JJFJMJAJMJJJJJAJSJOJNJD JIFJMJAJMJJ 100 24'Ground Storage 2 to Dove •480d I I. _ 101 Design120d 100%m : ' . , ; ; 102 Review Rens 30d . . ; : 103 Obtain fight of Way 30d _ , ,i 11 r 104 Rate Flans 5d • • : . ' 1W% Ii ' 105 Advertise 15d . 100% ; ' ' : ' 106 Could Bid Award Id 11/18 ; ; • ' • t• 107 Cbtain Contract Documents 15d ' 100% If . 108 Reconstruction Conference Id . , • 12i1 : 109 Construction 180d , , .85% • Project Description: 20" Water Line from FM 1709/White Chapel to Woodland Heights** Discussion: The construction has been completed and the waterline is in service. Project Description: 12" Water Line on Continental from Crooked Lane to Heritage Business Park* Discussion: This water line is crucial in providing a redundant source of fire flow for Heritage Business Park. This water line will also provide a loop with the existing water lines from Commerce Business Park and Heritage Business Park to the proposed 12" water line along Continental. The estimate for this water line $162,000. The right-of-way was replatted to accommodate the extension of Continental and this water line. The preliminary schedule is depicted on the next page.S * Designates a new project ** Designates a revision to a previously proposed project 6 , . • �D ll 1�asknName an CantlnentaltaNerltage �r870d0�N�D J�F�M�A�M�1998 S�O�NJD J�F�M�A�M�1999 S�O�N�D J�F�M�A�M�2000 S�OIN[D JIF�MIA[MIJ r , 112 I Design 135d : 15%, i . 113 '..,....Review Pans ...,._... 21d 0%. 114 Obtain Right of Way • 120d : • . '0% . l , 115 RnalzePans 10d • 0/a - 116 Advertise I 28d • . ' • • 0%; ! . 1 117 Council Bid Award id 07* 118 Obtain Contract Documents 15d (( • 0% f : ' . ' I 119 I Reconstruction Conference 1d 0%' I 120 , Construction 60d : I I 0% Project Description: 12" Water Line on E. Dove St.from White Chapel to Carroll Ave.* Discussion: This water line will replace the existing 6" water line along E. Dove St. The engineering is funded in the FY1997-98 CIP budget. The estimated cost for the engineering is $22,800. The funding for the construction of this line will be budgeted in the.FY1999-00. The estimated amount for the construction is $277,200, therefore the total amount for this project is estimated to be $300,000. The engineering is in the preliminary stage. ID !Task Name Duration JIFIMIAIMIJLJ6IAISIOINIO JlFIMIAjMIJIJIAISIOINID JIFIMIAIMIJJJIAIS!O!NID JIFIMIAIMIJIJIAIS 122 112"on E.Dove from WC to Carroll 415d .. I; ' ' 123 Design 120d .- I.., 0% _: , . • ' ! ' . ' 14 j Review Pans 21d Q : ;0% I, 125 ii Obtain Rightof Way I 150d : E 1 .. . 1 0% S 126 I FnaizePans tOd Gl U% 127 Advertise 28d Hi �; p 0%; • 128 Council Bid Award Id • ' 0% ' 129 Obtain Contract Documents • 15d I I • ! :p; 0%; : ' 130 Reconstruction Conference • 1d ' ' .e 131 Construction 90d : . . . : I ' ., 0%: Project Description: 12" Water Line on N. White Chapel from W.Highland to F.M. 1709* Discussion: The current 12" water line along N. White Chapel is deteriorating and requires replacing. It was once thought that the entire waterline from FM 1709 to Highland would have to be replaced. However upon further investigation, the waterline only needs to be replaced from FM 1709 to Bicentennial Park. The design of this project will begin in the near future and the construction will take place during the FY1998-99 and FY1999-00. The engineering costs are estimated to be $22,800 and have been allocated in the FY1997-98. The remaining $262,000 will be funded as part of the FY1998-99 and FY1999-00 CIP budgets. The preliminary design and construction schedule is as follows: • • * Designates a new project i' Designates a revision to a previously proposed project 7 4. • 1998 1999 2000 2001 ,T�nWCrlmmxl9hlandmFMf7o9 DurationdMIJIJIAISIOINID JIFIMIAIMIJIJIAISIOINID JIRIMIAIMIJIJjAISIOINID JIF{MIAIMIJIJIAISIOINIDIJ 134 Design 45d C1 0% • I 135 , Review Hans 21d d 096 : : ; 1 136 Obtain Right of Way 150d i 0% 137 I PnalizePlans 10d I 1 i I p ! I . 0% i . , _ : 138 i Advertise 28d ; ! . C3; I . '0% , . : 17399 Council Bid Award 1d I l ; 0% . 140 Obtain Contract Documents 15d I da 0%: : 141 i Reconstruction Conference 1d I , 0%, 142 Construction 90d 1 . ,, 0°A . 1 i I ; Project Description: Miron Elevated Tank** Discussion: This water tower will maintain adequate fire flow and water pressure to the east side of the city's water system. The original estimated amount for this project increased from $1,560,000 to $1,860,000. This increase is attributed to required modifications to the elevated tanks at Bicentennial Park and at E. Dove St. once the construction is complete to the Miron elevated tank. These improvements total $90,000. Furthermore, a second floor in the tank shaft will also be constructed as part of the Miron elevated tank. This improvement will cost $60,000. The remaining $150,000 is for the design and construction of the aesthetic features of the tank portion of the water tower if City Council chooses to approve. The engineering and construction costs are divided between the FY1997-98 and FY1998-99, which amount to $855,000 and • $1,005,000, respectively. The low bidder for the project bid $1,485,000, which does not include the aesthetic features to the tank. A change order will be issued once the aesthetic design is finalized. The construction has begun for this project. The city is working together with the residents to determine the best paint scheme or aesthetic features for the tank. ' 1997 1998 1999 ID I Task Name Duration OINID JIFIMIAIMIJIJIAISIOINID JIFIMIAIMIJIJIAISIOINID JIFIMIAIMIJIJIAISIOINID JIFIMIAIMIJ 78 IMiron Elevated Tank 585d ' 0 I 79 I Cesign 200d - : 1,,, : , , •• : : : • , I 80 • Review Pans 16d I 00% I I 81 1 Obtain Right of Way Od ; . , : , r I I rz lI Flnalze Hans 21d ; : : : . i 100_%: I 83 I Advertise 19d 100% : I; : • I 84 Councd Bid Aw ard Id . ; ' 6 85 Main Contract Documents 15d 100% 86 1 _Reconstruction Conference... ,....... ..id I I I 87 I construction 230d - ' : ! ' ' \20% I Project Description: Pump Station No. 2 at T.W. King Rd** Discussion: This pump station will provide water storage and distribution to the northern part of the city. The tank itself was approved and funded for the FY1996-97 for an estimated cost of $600,000. Along with the ornamental facade, which was not estimated in the original cost of the tank, and the increase in the bid of the tank from the estimate, there was a $400,000 increase to the project. Construction on the tank has begun. The design of the pump station is complete and the plans have been reviewed by the city. Construction of the pump station will be delayed until the construction of the 24" transmission waterline begins. For the FY1997-98 CIP budget, • * Designates a new project ** Designates a revision to a previously proposed project 8 S $1,825,000 was appropriated and the remaining $685,000 will be funded in the FY1998-99 for a total estimated cost of the project of$3,110,000. 1997 1998 1999 2000 ID Task Name Duration NO JIFIMIAIMIJIJIAISIOINID JIFIMIAIMLJIJIAISIOINID JIFIMJAIMIJIJIAISIOINID JIFIMIAIMIJIJ 111 T R IGng Ground Storage Tank : 670d . ,` 112 Design 292d i 100% ' i f ' :I . ' 113 Review flans • 103d 10O% •Ceti ! i - . 114 Obtain Right of Way Od 0 . • 35 1115 Fnafzeflans 20d = ' 1 116 Advertise'._....,_.,,,,.....,..,.. 28d ' : - ' ' : '' • , . €0% 117 Council Bid Award I c ; , rib% : 118 ...^-Obtain Contract Documents.-, , _ _15d . q i;0% 119 Reconstruction Conference • 1d • : ' 1 "0% : . : ' 120 Construction 210d `...__ '...E t 0% Project Description: Oversizing of 20" Water Line Through Town Center* Discussion: The current Master Water Concept Plan requires a 20" water line to loop with the existing 20" transmission line along N. White Chapel and the existing 20" transmission'line along. F.M. 1709. The proposed route for this water line is along N. Carroll from F.M. 1709 to S.H. 114 thence along S.H. 114 to N. White Chapel. Due to the future vertical alignment of the proposed N. Carroll/S.H. 114 intersection, the city proposes to locate the section of this 20" water line from F.M. 1709 to S.H. 114 through the Town Center Development. The construction of the water line is complete. S Project Description: McKee Water System Purchase and 8" Water Line Construction for Oak Lane Residents* Discussion: The residents of Oak Lane are being served water via a private water system, which was owned by the McKee Water System. The city recently purchased the rights for the private water system. The city proposes to construct an 8" water line to serve the residents of Oak Lane. Following the construction of the water line, the private well water system will be abandoned. During the FY1997-98, $175,000 was appropriated for the purchase of the water system and engineering and construction of the proposed 8" water line. The preliminary schedule is as follows: 1998 1999 2000 2001 ID Task Name Duration MIJIJIAIS OINID JIFIMIAIMLJIJIAISIOINID JIFIMIAIMJJIJIAISIOJNID J(FIMJAIMIJIJIAISIOINIDIJ 144 Oak Lane r Water Line 443d ° : : f ► : .. 145 Design 60d ; -.,0% `:. : . : 146 Review Flans 15d : .cti 40%; ' j 147 Obtain Right of`May 150d t ^ r—,—=t77" —""7"1-1',;0%: : : 148 Fnalize Rans 15d , i o i 0% 149 Advertise 21d 0: _ !0% , . . . . 150 ,...Counct Bid Award.. .. ... l d 1.0% : 151 Obtain Contract Documents 15d : i : _ t3' *0% : 152 Reconstruction Conference 1d ' ' , ' 0% 153 Construction 180d f i : . : .. cr : . S * Designates a new project ** Designates a revision to a previously proposed project 9 S MONTHLY CAPITAL IMPROVEMENT PROJECTS UPDATE October 1998 1996-98 Roadway Improvement co Projects Project Description: Slurry Seal in Various Subdivisions Discussion: The city has established a roadway rehabilitation program for existing asphalt streets. Primarily, the rehabilitation of the streets will consist of a slurry seal application over the existing asphalt. The city plans to slurry seal each subdivision that has had sanitary sewer constructed to serve the subdivision. The city plans to slurry seal the various subdivisions approximately one.year following the construction of the sanitary sewer. For the FY1997-98, $80,000 has been appropriated to slurry seal Emerald Estates, Highland Estates, Whispering Dell Estates, Dove Estates, Harbor Oaks, Brittany Court, and Raven Bend. Project Description: W. Dove Reconstruction from S.H. 114 to N. White Chapel Discussion: Construction of this project involves reconstructing the existing roadway. The widening of the existing cross-section of this road will be limited to 1 to 2 feet. Minor drainage improvements will also be constructed for this project. This project was originally approved to be budgeted for the FY1997-98 for an estimated cost of $150,000. Originally, this project was delayed so as not to risk damaging the reconstructed road during the proposed development along Dove. However, under the approved developer's agreement with Maguire Thomas, this project has been moved up to be constructed as soon as possible. Therefore, the cost for designing and S constructing this project has been be allocated within the FY1997-98 CIP budget. The design has been completed and the construction will begin following the sewer line construction along Dove. 1998 1999 ID Task Name Duration Oct lNovtDee JanlFebl Mar IApr[MayIJunI Jul'Aug ISepJ Oct INovlDec Jan1FeblMarIAprlMayI Jun[Jul lAugISepI Oct!Novi Dec Jan jFebl Mar IAprIMay 89 Vlt Dove 114 to Mite Chapel' 386d • ' � 90 Design 190d 100 6 . 91 Review Flans 21d ' ; 100% - 62 92 Obtain Right of Way Od 0 . 93 Fna¢e Pans 10d 0% p .• 94 Advertise 28d is 10% q 95 Cana Bid Aw ard 1d • : '11113 . : 0 96 Obtain Contract Documents 15d 0% p: I 97 Reconstruction Conference 1d ; 1217 p . 98 Construction 120d ' : • � - r '"- -`- 0 :.... Project Description: Union Church and S. Pearson Reconstruction* Discussion: This project is estimated to cost $534,311. For the FY1997-98, $42,745 was appropriated for the engineering. For the FY1998-99 & FY1999-00, the remaining $491,566 will be divided equally each FY to fund the construction. If needed, the widening of the existing cross-section of this road will be limited to 1 to 2 feet. The design of the water line along Union Church and S. Pearson will be incorporated in the design of this project. The design has been delayed in order to discuss with the City of Keller the possibility of Keller participating in funding this project since most of the traffic generated is for Keller residents. The preliminary schedule is reflected on the following page. • * Designates a new project ** Designates a revision to a previously proposed project 10 • I 96 1999 2000 ID ;Task Name Duration Jul lAugJSeolOdlNovlDec Jan lFeblH'arIAprlhlayl Jun I Jul lAuglSeplOetlNovJDec JanlFeblMarlAprlMay�:iunI Jul lAuglSeplOctJNovlDec JanlFeb 111 !Union Church 8 S.Pearson 316d • 112 I Design god 'r- : pnlu.rr"nr _...0% I . 113 .....Revew Rans. -------Zici . ; ,0% ' : E1t ; Clain Right of Way Od 0 . 115 i.._.Rnalize Flans . • 10d cm •0% 116 Advertise I 28d =I=a1 i0 ; 117 cuncl Bid Award 1d 0I II.16H1 : , 118 , Obtain Contract Documents: 15d p ' " .0% ' : ' 40 1119 ; R'ecanstructionConference 1d • O, *715 . ! 120 i Construction 150d 0% Project Description: N. White Chapel from S.H. 114 to County Line* Discussion: This project will be constructed as a cooperative project with Tarrant County. The • city will pay the engineering and material cost and Tarrant County will provide the labor. The estimated material cost is $181,850. The existing cross section of the roadway will remain the same. This project is designed and-construction has begun. 1998 1999 ID Task Name Duration Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug SepjOct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sepl Oct Nov Dec Jan Feb Mar 122 N.White Chapel 348d i , , 0 I . 123 I Design 174d 100% : • : : 124 Review Plans 34d 1a l■r-100% i : 125 Obtain Right of Way Od 0 ;611 ; • 1126 Finalize Rans 5d 900% , 127 Reconstruction Conference; Id ' 0 7127 !! 126 Construction 100d • t ; Ilmtaro■lr�i k 35% Project Description: S. Kimball Extension from Crooked Ln. to Heritage Business Park* Discussion: The projected cost for this project is $1,750,000. This project will be funded for the design and engineering in the FY1997-98 CIP budget for $80,000. The remaining $1,670,000 will be budgeted in later years. Developer participation may accelerate the construction of this roadway. The improvements include constructing a divided four-lane arterial roadway. The preliminary schedule is shown below. . 1998 1999 2000 I ID 'Task NameDuration Jun I Jul lAugISepI Oct jNovlDec Jan JFeblrul3rIAprIM3yj I Jul lAuglSepl Oct Novi Dec Jan IFebOlor lApriMaylJunI Jul lAug'Sep'Oct jNoviDec Jan 1130 IS.Kimball Extension 346d I ,r I I 131 I Design 120d r—= "' 1 m^0%; 131 Review Runs.. .............. ..J,_21d p O% l 1133 I Obtain Right of Way • Od O : .737.1i Finar¢ePuns 10d p 0% ; j 135 j I Advertise 28d : ' r-ti l V Trap% 1136 I CounclBid Award 1d : O : •�7f23 137 I Obtain Cenract Documents: 15d a: 0% FYeconsbuctien Conference Id : ; 81161 0 I 139 I Construction 150d I r 0^/, ; * Designates a new project ** Designates a revision to a previously proposed project 11 • 4110 Project Description: N. Carroll from FM 1709 to Ownby* Discussion: This project is for the realignment of N. Carroll to match S. Carroll. For the FY 1997-98, the project will be designed and constructed. The project will be complete before the Town Center, Phase I is complete. This realignment is also essential before the traffic lights on FM 1709 can be synchronized using a computer closed loop system. The cross-section of the roadway will be 4 lanes divided by a median. The anticipated construction cost for this project is $850,000, of which $250,000 will be funded in the FY1997-98 CIP budget. TIF funds will reimburse the CIP budget once TIF funds become available. The project has been designed and is currently being advertised for bids. 1998 1999 2000 ID Task Name Duration Jan lFebl Mar IAprIMayI Jun I Jul IAuglSep Oct'Novi Dec Jan IFeb I MariAPrIMIYI Ain I Jul IA uglSepl Oct!Nov I Dec Jan I Feb I Mar I Apr IMay I Jun I Jul'Aug 185 N.Carrel Realignment 286d ,: , 186 Design`.._ . :._.::.... N.. .. 110d 100/! : . 187 Review Flans 21d j110% 188 Obtain Right of Way E Od ' 0 8111, . 189 Finalize Flans 10d © :100% 190 Advertise 28d . 50% 191 Counci Bid Award 1d 0: 1116 . ' 192 Obtain Contract Documents 15d 4 i 0% 193 RecanstructenConferenceTM r 1d 0 11130 ' ' I 194 .. Construction w__::.,. ....._..-:100d r r� �I f 0% jl Project Description: Brumlow Reconstruction* S Discussion: This project was constructed as a cooperative project with Tarrant County. The city paid for the engineering and material cost and Tarrant County provided the labor. The estimated material cost is $112,700. The existing cross section of the roadway will remain the same. The construction has been completed. 1998 1999 ID Task time Duration AuglSepI Oct 1NwlDec Jan IFeblMarlAprjMaylJunI Jul lAuglSepJ Oct INoviDec Jan IFeblMarlAprIMayIJunl All lAuglSepl Oct jNovtDec JanjFebltar 141 Brumlow Reconstruction 182d 142 Design 30d r--i 100% 143 Review Flans 10d C 100% . • 1 ' ; 144 Obtain Right of Way Od 0 13: k € 145 Finalize Pans 5d p 100% • 146 _.,Advertise ..:.._, ..,...,„.. 28d G: 100°6 j 147 .__Counci Bid Award . 1d .6 1161 148 again Contract Documents: 15d : 0: 100%; is : 149 Reconstruction Conference 1d 0, !8 • 150 Construction 92d : `- 00% . Project Description: Traffic Signal Lights on F.M. 1709* Discussion: The city conducted a traffic signal warrant analysis along F.M. 1709. The results warranted traffic signal lights at the intersections of Shady Oaks and F.M. 1709 and Commerce and F.M. 1709. For the FY1997-98 CIP budget, $100,000 was appropriated for the signal lights at each of these intersections. The design is complete and approved by TxDOT for these traffic lights. The Shady Oaks traffic light is being advertised for bids and the Commerce traffic light will be advertised for bids in the near future. • * Designates a new project ** Designates a revision to a previously proposed project 12 • • Project Description: Traffic Signal Light Synchronization on F.M. 1709* Discussion: As discussed in the past, HDR Engineering was retained to perform a F.M. 1709 Traffic Signal Study. Their report was delivered to the city on August 8, 1997. This report confirmed staff's opinion that the signals along F.M. 1709 should and could be coordinated by means of a centralized computer system. Council recently approved a professional. service contract with Lee Engineering to proceed with the design of this coordinated system. For the FY1997-98 CIP budget, $25,000 has been appropriated for the design of this project. Funding for this project was placed in the 1998-1999 budget cycle. The anticipated amount to fund the implementation of the proposed computer closed loop system is $250,000. In the interim, a timing plan has been submitted and approved by TxDOT for the existing traffic lights, as well as for the proposed signal lights at Shady Oaks Drive, Town Square, and Commerce Street. With the implementation of the timing plan, the traffic lights will be sequenced or time based coordinated with one another to allow for more through traffic along F.M. 1709. The timing plan will be phased to account for the peak flow of traffic with respect to the time of day. Project Description: Byron Nelson Parkway and Southridge Lakes Parkway Striping* Discussion: For the FY1997-98 CIP budget, $65,000 has been appropriated to stripe Byron Nelson Parkway and Southridge Lakes Parkway. Prior to restriping Byron Nelson, a portion of the roadway will be widened south of the intersection of Wentwood and Byron Nelson. The widening will improve the transition from the 4-lane divided roadway to the 4-lane undivided section of roadway for the southbound traffic. Construction will commence the beginning of October. The preliminary schedule is as follows: • ID Task Name 1998 1999 Duration AprIMayl Jun 1All IAuo Sepj0ctlNovlDec Jan lFeblNbrlAprlA43yIAanl Jul'Aug ISepl Oct lNovlDec Jan lFeb Par jApr Pay' 2000 JunI Jul IAug1SeplOctjNov 196 Byron Nelson Res5ping 135d 197 Design 45d 100% € . 198 Review flans 5d : : 100% € • ' s • • 199 Obtain Right of Way Od 116! E • . 200 Finalize Flans 10d 100%; • . 201 Advertise 28d 100°k 202 Councd Bid Award 1d . . '<116 • - 203 Obtain Contract Documents 15d100% • 204 AeconstnicbonConference 1d 1 1ry8 205 Construction 300 I 0% • . • S * Designates a new project ** Designates a revision to a previously proposed project 13 • MONTHLY CAPITAL IMPROVEMENT PROJECTS UPDATE October 1998 1996-98 Neighborhood Sewer/Street CIP Projects NEIGHBORHOOD SEWER/STREET PROJECTS Project Description: Shady Lane Area (Sewer, Water and Road Improvements)** Discussion: Originally, $1,467,445 was approved and appropriated for the FY1997-98 CIP budget. Due to expanding the original concept of this project, there was an increase of$458,550. This is attributed to providing sanitary sewer service for the residents north of the Jones Branch creek as well as building the ultimate culvert under Shady Ln. across the Jones Branch. The construction of the water lines will replace the existing undersized water lines. Construction is near completion for the sewer portion of this project. The remainder of the sanitary sewer construction, the portion that will flow to Grapevine, will begin in the near future. Approval was granted by the City of Grapevine to allow a portion of this sewer flow through Grapevine's sewer system. The street portion of this project has begun. The culvert under Shady Lane will be bid separately following the completion of the drainage study for West Jones Branch. 1997 1998 1999 ID Task Name Duration AISIOINID JIFIM]A 1 Shady Lane Water/Sew er/Roads ' 537d 2 Design 75d 100% 3 Review Flans 21d 100% • _ 4 Obtain Rght of Way 210d '100% � 5 Fnaize Flans 10d �106^h 6 Advertise 25d c=a 100%: 7 Cana Bid Award 1d ; i.112/16 : , : I ' 8 Cbtain Contract Documents 15d p 2—I100°� 9 Reconstruction Conference 1d ♦1n 10 Construction 210d " """"" "" " l ':85% Project Description: Huntwick Sanitary Sewer/Abandonment of Lift Station at Carroll and Dove** Discussion: This project has existing funds allotted from previous years. Construction of these improvements will provide sanitary sewer service to Huntwick Estates. This project, which is rehabilitating the existing sewer system in Huntwick Estates, is ongoing because more repairs that have been found during the construction process are needed for the existing sewer line. • * Designates a new project ** Designates a revision to a previously proposed project 14 • fa I 1997 1999 I ID Task Name Duration AIsIoINIO JIFIMIAIMIJIJIAISIOINIDIJ]FIMIAIMIJIJBIAISIOINjD J1FIMIAIfdIJIJIAISIOINlD JIFIMlA 12 Huntwick' Sewer 481d r. k I 13 Design 60d L. ' .4 IMMI100%: , ; ; ! s 14 Review Flans 15d i p' *1100% , 15 Obtain fight of Way 200d ' ; ; ; ,: "j 100% 16 Finafze Rens w....._.. .,_. 10d ' .0 ' 100% f ' • ; . 17 Advertise 12d : : ;p 100% : ; 18 CounctBidAward 1d 0 11118' : I 19 0btain Contract Documents 15d to : 100% . , 20 AeconstructicnConference 1d - 0 12123 I • I 21 Construction 240d ,... r ' "' t !85%: ' Project Description: Mission Hills Sanitary Sewer** Discussion: This project was approved and funded for the FY1996-97 in the amount of $368,000. The cost for this project increased due to efforts to save existing trees and replace existing landscaping within the R.O.W. The increase totaled $62,000 and was funded through the FY1997-98 CIP budget. All easements have been acquired and the project is near completion. The schedule below reflects an anticipated completion date by mid-August, 1998. However, delays were experienced on this project because of the earlier drought conditions. 1997 1998 1999 I ID Task Name Duration AISIOINID JIFIMIAIMIJIJIAISIOINID JIFIMIAIMIJIJIAIS OINID JIFIMIAIMIJIJIAISIOINIDIJIFIMIA 34 Mission Hills Sewer 484d ; I ; I 35 Design 75d 100%' 36 Review Flans 21d - 100°k S � 37 Obtain fight of Way 130d21 . l 100° 38 Anaize Hans _...._.. .... 10d 0%410 39 Advertise 16d : : 1f A :00. I , , 40 i Council Bid Award 1d = . 0 4.112116' ' • ' i ; 1 ; , 41 Obtain Contract Documents 15d • : q: 'tl I 0%: I • i 42 ffieconstructionConference 1d : 0 43 Construction • 120d I . i-- 95% Project Description: Burney Ln. Reconstruction from N. Carroll to Lonesome Dove Ave.** Discussion: Construction of this project involves reconstructing the existing roadway. If needed, the widening of the existing cross-section of this road will be limited to 1 to 2 feet. Minor drainage improvements will also be constructed for this project. This project was approved and is funded in the FY1997-98 & FY 1998-99 CIP budgets for an estimate of $147,000. The design is complete and the plans are being reviewed by the city. The preliminary schedule for this project is depicted on the following page. S * Designates a new project ** Designates a revision to a previously proposed project ., 15 0 19 8 1999 ID �TaskName Duration NovjDec Jan lFebjM3rlApr]teyIJun(�Jul lAugiSegI Oct 1Novi Dec�Jan IFeb(Mar[AprIMayIJunIJullAugisepl Oct INov]Dec Jan IFebjte rIAprIIvvyIJun� 1 I3urney(Carroll to Lonesome Dove: 310d 4 l , , 2 I Design 135d I 3 i Review Flans 30d I ; ti::2 125% Obtain Right of Way 0 : I , 5 I. ._,Rnalze Flans_.... .. 10d [ 0% ' Advertise 28d �,7; : I0% ; ; 7 Council Bid Award 1d ' ;0 ' I 1126 I 8 { Obtain Contract Documents 15d = ([( ; 0% 9 j Reconstruction Conference 1d O I 1 a12118 I 10 1 Construction I 90d , .,_ :...{4 : * "',13% t Project Description: Love Henry Court Reconstruction** Discussion: This project was approved to be funded for the FY1997-98 for an estimate of $109,00 to design and reconstruct the road. These proposed improvements include replacing the existing concrete curb and existing asphalt roadway and constructing minor drainage improvements. The City Council directed staff to include the sanitary sewer for this subdivision as part of this project. The estimated cost for the sanitary sewer is $350,000. The project will be funded with $206,425 in the FY1997-98 CT budget & $152,575 in the FY1998-99 CIP budget. The project is designed and the plans are being reviewed by the city. The preliminary schedule for this project is depicted below. ID Task Name Duration NoviDec Jan IFebiM3rIAprINayIJun111lAugjSep[OctiNoviDec Jan IFebjM3rjAprjMayjJunIJullAugiSepiOctiNovIDec Jan IFebIM3rIAprjbl3y[Jun 41111) I 12 Love es Court 285d + ' 13 Design esgn 120d • r 100%t 1 1-71711 I Review Flans 21d 30% ' 15 Obtain 17ght of Way 60d 0% 16 Finalze Hans _ M 10d 0% I 17 I Advertise 28d ; ; © ;0% TT 1 Council Bid Award 1d p ' 12131 19 Obtain Contract Documents 15d O 1 0% 20 Reconstruction Conference Id - O I .4T/22 21 Construction I 60d E r 0% I Project Description: Lake Dr. Street Reconstruction along w/Water&Sewer Improvements** Discussion: This project was approved to be funded in the FY1997-98 & FY 1998-99 CIP budgets for an estimate of$169,000. The improvements for this project include a new water line along Lake Drive, a sewer line, and repaving Lake Drive. The proposed water line will replace the existing undersized water line along Lake Drive. The proposed sewer line will serve the residents along the east side of Lake Dr. Residents along Lake Drive do not want the road widened from 18' to 22'. The City Council will determine the cross-section of the roadway at the October 20 City Council meeting. The preliminary schedule for this project is depicted on the next page. S * Designates a new project ** Designates a revision to a previously proposed project 16 • 1999 I 2d ID Task Name Duration NoviDec JanlFebIkirlAprlMaylJunIJullAuglSepIOctlNovlDec JanlFebIMarlAprlMaylJunIJullAugiSepIOctlNevlDec JanlFebltuarlAprlMayI un 23 Lake Drive 315d . 1 24 Design 60d . IIMI -l100% 25 Review Plans 75d ; 60%€ • • . 26 Obtain Right of Way 90d ,ti0% f 27 FnalzeRans _ ...,., 'id o 28 Advertise 28d : r:=i h; 29 Council Bid Award 1d 0 /22 • 30 Obtain Contract Documents 15d Q; 0% ' : 31 Reconstruction Conferencd Id 0 !:10114 32 I Construction 120d • I—' 0%: 1 Project Description: Lilac Ln. Reconstruction and Sewer Improvements** Discussion: This project was approved to be funded for the FY1997-98 for an estimate of $168,768 and funded for the FY1998-99 for an estimate of$65,832. The construction for this project has been moved up in priority to begin in the FY1997-98. The design of the sewer and road reconstruction is complete and the plans are being reviewed by the City. The estimate reflects the anticipated costs to build the sewer along Lilac Lane followed by reconstructing Lilac Lane. The preliminary schedule for this project is depicted below. 1998 1999 2000 ID Task Name Duration May'Jun I Jul IA uglSepl Oct INovl Dec Jan I Febl Mar lAprIklaylJun I Jul IA ug'Sept Oct INovIDec Jan IFebliVarlAprIMaylJunlJul!Aug'SeplOctlNoviDec 34 Lilac Sew er/Roadw ay 260d • ' 35 Design 50d • 1do1. ` 110 36 Review Flans 14d 60% ,_ 37 Obtain Right of Way 45d 16 ... , 38 FnalizeRans Sd o • 39 Advertise • 28d . 1 . 0% t z5 40 Council Bid Award lit I 12/21 : 0 41 Obtain Contract Documents' 15d 0% O i , ' 42 Reconstruction Conference 1d I 1112 ' OI 43 Construction 120d • .0A . Project Description: Sutton Place Drainage (CDBG) Description: As part of this fiscal year's CDBG project, Sutton Place is scheduled for drainage improvements. Storm drain will be constructed in the subdivision and also extended to relieve the offsite drainage. The plans have been designed and reviewed by the city. The required drainage easements are being obtained. The city portion to fund this project is estimated to be $35,000. The preliminary schedule is shown on the next page. • * Designates a new project ** Designates a revision to a previously proposed project 17 s. 0 I ' 1998 1999 2000 ID Task Name Duration SIOINID J[FIMIAIMIJIJIAISIOINID JIFIMIAjMIJIJJlAISIOINID JIFJMIA]MIJIJIAISIOINID JIFIMIAIM 155 Sutton Race Drainage(CDBG) 355d : w 1156 Desgn S0d 100% 157 Review Flans 21d ; . . : 100% , f : ; : 158 _Cbtain Flght of Way — 150d :( 0% ; , ' —159 Fnaize Flans 1Od ' °,6 : , , 160 Advertise 28d 0% I 161 Council Bid Award 1d 0% ' I. 1162 Obtain Contract Documents 15d I 0% ' ' ! 163 Reconstruction Conference Id 1% ; • j j 164 Construction 90d 0% Project Description: Harrell Drive Reconstruction* Discussion: Construction of this project involves reconstructing the existing roadway without widening the existing roadway. The existing drainage problems will be addressed in the design of this project. This project is estimated to cost $140,000. For the FY1997-98, $11,200 was appropriated for the engineering. For the FY1998-99, the remaining $128,800 will be funded for the construction. The preliminary schedule is shown below. 98 1999 2000 ' ID Task Name Duration JullAugiSep Oct1NoviDec Jan IFebIMarlAprihl3yIJunI Jul lAugISepIOctjNovIDec JanfFebIMar(AprIMayj Jun I Jul jAugISepJ Oct INovIDec JaniFeb 100 Harell Cr.Reconstruction 271d qb I; ' 101 Design • 75d 0% 102 Review Flans 21d i 0% i 103 Obtain Right of Way Od I 0 • 104 rnaf¢eRans 10d 0%,: 10 Advertise 28d O' • 106 Counci Bid Awad 1d I • 0 �517 107 Obtain Contract Documents' 15d ;p :0%1 108 Reconstruction Conference 1d : 1 - 0 +75131 : 109 Construction 120d r 4 0% • Project Description: Year 3 Neighborhood Sewer (Jellico, Cross Timbers, Dove Acres, Hillwood Acres) Discussion: As part of the Neighborhood Sewer Program, sanitary sewer service will be provided for residents in Jellico Estates, Cross Timber Hills, Dove Acres, and Hillwood Estates. The estimated engineering and construction cost is $2,000,000. Due to the extent of these projects, $1,550,000 was budgeted for the FY1997-98 CIP budget and $1,150,000 will be budgeted in the FY1998-99 CIP budget. All construction plans are complete and are being reviewed by the city. The required easements are also being obtained for these projects. • ,. * Designates a new project ** Designates a revision to a previously proposed project ' 18 • water line will begin once the construction of the water line in Cambridge Phase II has been built and accepted by the city. Project Description: Highland Road frorn Shady Oaks to White Chapel Discussion: This project involves reconstructing the existing roadway. Although there will be no widening of the roadway, the alignment of W. Highland will be realigned with E: Highland. The city is currently negotiating with two homeowners to acquire the required right-of-way. Construction is anticipated to last for 180 days. 1997 1998 1999 2000 ID Task Name AISIOjNlD JIFIMIAIMIJIJIAISIOINID JIFjMjAlMjJIJ]AJSIOINID JJFIMIAIM]JJJIAISjOINID JIFIMIAIMIJIJIAjs 12 Highland(Shady-WC) ! _ i I : I . i _ ... ...13 Design I I : . , i! I . 14 .,_..._Review Bans......,.,.._.,....._.. °/, �% . ; : ; ; I ; ; 15 Obtain Right of Way,.....,, Y P i r : 16 Rinatze Rans._,..- :tY1-408% , ' • I I 17 Advertise • : =1 0% : : I I ' 18 Canna Bid Award ( _ . ; O y 1Qa I : 1 , 19 Obtain Contract Documents . : I ' : .G - . I I ; 0% I 20 Reconstruction Conference ' . _ , . O : . i I . _ ' , . 2/19 . j 1 21 Construction . I 1 _. HI ; . ; I ° , . ; 0%; E. Project Description: Ridgecrest Road Discussion: This project involves reconstructing the existing roadway and constructing various drainage improvements. If needed, the widening of the existing cross-section of this road will be S limited to 1 to 2 feet. The design of this project is completed. The offsite easements for drainage are currently being obtained from the downstream property owner. 1997 1998 1999 2000 I ID Task Nome Duration MIAIMjJIJJAJS(OINJD.JIFIMIAIMIJIJJAIS DINOD JjFjMIAJMIJIJjAISJOjNJD JJFIMIA!MIJIJIAISIOINID ; 34 Ridgecrest Road 558d . I : , : I , '0 ` ; - I : ; ' • • f 35 Design • 140d 100%I _ _ . • 36 Review Rans 5d 1C0%I . : • I , : . , , ' 37 Obtain Right of Way 290d . :50% 38 Finalize Pans 10d 0 : ;01('I : . . ' . E ( : I` I ' I ... I `. ' . 39 Advertise 21d . Gy • E 0% 40 Counci Bid Award 1d O: I 12125 ; ' . 41 Main Contract Documents 15d I • • I : 0% , , . I 42 Reconstruction Conference 1d 0 , I i 1/18' , 43 Construction 90d _ t. ._ 1 ': .0% . . . . . . Project Description: Continental Blvd.from Davis to Peytonville Discussion: The scope of this project involves reconstructing the roadway and improving the drainage along Continental. The roadway width will be increased in areas as needed at various intersections with side streets from subdivisions and in front of Carroll Elementary. At these locations, the roadway will be widened to three lanes. The design is complete. The city is reviewing the plans. Construction is anticipated to take at least 180 days. S * Designates a new project ** Designates a revision to a previously proposed project 20 2000 • JIJ 1998 1999 JIJ ID 'Task Name Duration M]AJMIJJJJAISJOJN(D JJFJMJA[MJJIJJAJSJOJN[DJJFJMJAJMJJJJJAJSJOJNJD JJFJMJAJMJJ�JJA1SJO1N1D 45 Continental Blvd 563d t € : i : 46 Cosign 314d ; 100%° ; I 47 Review flans 21d p I 4175% 48 Obtain Right of Way Od ; O i i 2110 l € c 49 _._ Hnaf¢e Flans 10d : : , g' I : . : , . 0% ' ' : . , 50 Advertise 21d ; . . , q . I ° : 0% 51 Counci Bid Award td O : 1 ; 1028 . 52 Obtain Contract Documents • 15d ' p I ; ' . ,G ; , ; 53 Reconstruction Conference 1d ' O I ; ' : i 11/13 54 Construction 180d ; y , - Project Description: Burney to Cul-de-sac , Discussion: This project involves reconstructing the pavement from the cul-de-sac to approximately 1250' west along Burney. The construction project will begin in the near future. Construction is antici ated to take at least 90 days. 1997 1998 1999 2000 ID Task Name Duration MIAJMIJJJIAJSJOINJO JJFJMJAIMIJJJIAJSIOINID JJFIMJAIMIJIJJAJSJOINID JIFIMIAIMJJJJJAISIOINID 56 Burney to Cul-de-sac 435d ti : gi, _ ' . _ ' . . • . 57 Design 150d .o 100%: { . I : . , ; . 58 I Review Rans 15d ;4 : , 100% J . 1 59 Obtain Right of Way Od O; . 60 Rnal'¢e Hans 20d : I p ' . 100% i . ; ' I 61 Advertise 21d ?q I 10(Y,6 • ; : _ , - 62 Caunci Bid Award 1d O ' i 15 � 63 Obtain Contract Documents 15d ' Gi ! ! 100% , { 64 Reconstruction Conference 1d ' O � 5127 65 Construction 90d 1 : ' ,,.`.-... j I , ; J i®;0% : . • ; : I I : : ' S.H. 114 RECONSTRUCTION PROJECTS The State of Texas has recently committed to appropriating money over the next several years for the reconstruction of S.H. 114. Consequently, the City of Southlake must satisfy several agendas before the start of construction. The next few projects listed were funded in the FY1997-98 CIP budget in order to carry out these agendas. Project Description: Channel Improvements along the Jones Branch* , Discussion: Currently, Wal-Mart and the Village Center Development are detaining the runoff from their sites. The proposed R.O.W. for S.H. 114 along these developments is the land area, which these detention ponds presently occupy. These detention ponds will be eliminated for the reconstruction of S.H. 114. Before these detention ponds are eliminated, provisions must be made to the downstream properties in order to increase the capacity of the current Jones Branch. The City Council appropriated $25,000 for the FY1997-98 to fund the engineering and $475,000 will be appropriated in the FY1998-99 to fund the construction and easement acquisition of drainage improvements along the Jones Branch. These improvements must be accomplished • before construction of S.H. 114 begins. The preliminary report for the West Jones Branch has been received from the consultant and has been reviewed by staff. * Designates a new project ** Designates a revision to a previously proposed project 21 S.H. 114 and Dove St.* Project Description: R.O.W. Acquisition at S.H. Discussion: The city has committed to obtaining the additional R.O.W. required to build the future intersection of Dove St. and S.H. 114. The estimated cost for the appraisals, property, etc. is $1,500,000, which was funded for the FY1997-98. Project Description: Utility Relocation along S.H. 114* Discussion: The city must relocate the existing utilities, which are located in the S.H. 114 R.O.W. These utilities must be relocated prior to construction of S.H. 114. For the FY1997-98, an estimated $269,600 was required to relocate utilities before the first phase of construction begins (Kimball/S.H. 114 intersection). The construction plans are being developed for the utility relocations at the Kimball/S.H. 114 intersection. MISCELLANEOUS PROJECTS Project Description: Heritage Business Park Infrastructure Improvements* Discussion: The city is committed, through the Developer's Agreement, to reimbursing the developer for the oversizing of the water line along Kimball and the street improvements constructed in the Heritage Business Park. These reimbursements are estimated to cost $85,000 and were funded in the FY1997-98 CEP budget. Project Description: Keller Water Meter Purchases for. Southlake Residents on Keller Water* Discussion: The City of Keller currently provides water service for approximately 250 residents of the City of Southlake. In order to transfer these customers to Southlake water, the city must purchase these water meters, water lines, etc. Therefore, the city proposes to transfer residents in the coming fiscal years in phases. For the FY1997-98, the city allotted $250,000 for the purchase of a number of meters. In the subsequent years, all residents of the City of Southlake will be transferred to Southlake water. S $ Designates a new project " Designates a revision to a previously proposed project 22 PPV City of Southlake,Texas • MEMORANDUM October 2, 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. Central Avenue has been paved, the deceleration lane along FM 1709 has been completed and portions of Main Street have been paved. 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 1111 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 and brick work has begun 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 floor concrete poured. The second floor concrete will be poured on October 6 and 7. Curbs for sidewalks have been poured at the rear of 1A. Work will begin on front sidewalks within the next several weeks. The application for the building permit for 5G has been submitted. _ The Landscape Administrator is finalizing species selection for the trees and plantings proposed for this project. The Developer plans on bringing forward an overall signage plan for this development. Some of the signage proposed for this project does not meet the current Sign Ordinance (it did not meet the previous ordinance either).-The Developer has been informed that any variances a) must be approved by Council, and b) they had best not wait until the last minute for submittals. Staff has been assured that variance submittal will be timely. These variance may be substantial enough that a special work session would be warranted. Once the submittal has been received staff will provide more information. 1/4g--*/ Town Square Status October 2, 1998 Page 2 S Post Office Square There is no change from the last report on this phase of the project. The Developer does not expect to submit plans for P&Z and Council action until December. Town Hall Staff has been able to finalize scope of services and fee negotiations with David Schwarz and Urban Architecture. Authorization for the Mayor to enter into contracts with these firms is on the Council Agenda for this meeting. The attorneys are currently finalizing the actual legal contract language and no contract will be signed until our attorneys are comfortable with the final document. , Attached to this status report is a copy of the programming book developed by Urban Architecture. 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 Stacey and Council Member Edmonson as representatives with a third to be named at a later time. Staff intends on bringing forward information relative to the hiring of the Construction Manager (General Contractor) for this project at the October 20 Council meeting. A discussion of the role of the Construction Manager was included in the Construction Contracting Options report provided to you at the September 1 meeting. I would like to remind Council Members that individual tours of the project site can be 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. RJH/rjh • d:\wd-files\sts\stat8.doc Fr City of South lake,Texas 1 i MEMORANDUM • September 30, 1998 I TO: Curtis E. Hawk, City Manager 1 FROM: Shana K. Yelverton, Assistant City Manager 1 SUBJECT: Ordinance No. 718, 1st 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 has been included in the packet. I 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.,(Please Srefer to the photographs included in the packet to view the transceiver.) 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 agreement, which will be adopted by ordinance, is attached to my memo. Note that Metricom agreed to all of the changes to the model as recommended by our attorneys. The most important of these changes include: * increasing the fee from 3% to 5% of gross revenues; * clarifying that payment of the fee does not relieve Metricom from paying ad valorem taxes, sales taxes, or special assessments; * payment of fees quarterly, rather than annually; * requirement that the transceivers in public view are no larger than .75 cubic feet; * deletion of a requirement that the city must place a non-interference clause in all 11 other right-of-way agreement and franchises; 1 ! ,5-S-/ Curtis E. Hawk Ordinance No. 718, 1st reading Page Two * a provision that Metricom will pay for an audit if the audit reveals that Metricom has underpaid fees by three percent or more; * prohibition on cutting trees; and * deletion of a provision that the city must notify Metricom of the receipt of a proposal from another company to place communication devices in the right-of- way. 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. One other item worth mentioning is that Metricom has proposed (and we have agreed!) 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 6, 1998 City Council agenda for first reading. • . SKY • FP SOLITHLAKE 0 ii fi-.1- IN au DU Agruemrnt HIS RIGHT-OF-WAY USE AGREEMENT (this "Use Agreement") is dated as of (the "Effective Date"), and entered into by and between the CITY OF SOUTHLAKE, a Texas municipal corporation (the "City"), and METRICOM, INC., a Delaware corporation ("Metricom"). Recitals A. 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. B. 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. IDC. 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®. Agreement Nuui, dilution, the City and Metricom agree as follows: 1 DEFINITIONS. The following definitions shall apply generally to the provisions of this Use Agreement: 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). III Right-of-Way Use Agreement City of Southiake::Metricom,Inc. page 1 of 13 soutidakel.doc[05mas28row98ua1) 09/04/98 7:09 PM 3L3- 3 ppiv 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 Use Agreement. 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 Use Agreement, 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. _ • Right-of-Way Use Agreement City of Soutlilake::Metricom,Inc. page 2 of 13 southlakel.doc[05mas28row98ua1] 09/04/98 7:09 PM LL 1.11 Provision. "Provision" means any agreement, clause, condition, covenant, qualification, restriction, reservation, term, or other stipulation in this Use Agreement that defines or otherwise controls, establishes, or limits the performance required or permitted by any party to this Use Agreement.• 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 the responsibility of paying ad valorem taxes, sales taxes, or special assessments, if any are applicable. 1.16 Services. "Services" means the wireless digital communications services provided through Ricochet®by Metricom. S1.17 City. "City" means the City of Southlake. 1.18 Use Agreement. "Use Agreement" means this nonexclusive Use Agreement. 2 TERM. This Use Agreement 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 Use Agreement 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. 3 SCOPE OF USE AGREEMENT. Any and all rights expressly granted to Metricom under this Use Agreement, 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 Right-of-Way Use Agreement City of Southlake::Metricom,Inc. page 3of13 southlakel.doc[05mas28row98uaIJ 09/04/98 7:09 PM may affect the Municipal Right of Way. Nothing in this Use Agreement 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 Use Agreement 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 hereby authorizes and permits Metricom 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 § 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 hereby authorizes and permits Metricom 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 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 public view 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 Use Agreement 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, rial 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 Use Agreement. 3.4 Compliance with Laws. Metricom shall comply with all applicable Laws in the exercise and performance of its rights and obligations under this Use Agreement. Right-of-Way Use Agreement City of Southlake::Metricom,Inc. page 4 of 13 southlakel.doc[05mas28row98ua1 j 09/04/98 7:09 PM 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 fhe Municipal Right of Way. 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 Use Agreement, 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 (the "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 Use Agreement and ending on the date of termination of this Use Agreement, 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 Use Agreement, 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 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 Use Agreement Right-of-Way Use Agreement City of Southiake::Metricom,Inc. page 5of13 southlakel.doc f05mas28row98ua1] 09/04/98 7:09 PM ppr- 11, 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%), 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 Use Agreement, City shall have the right throughout the term of this Use Agreement 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 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 • Right-of-Way Use Agreement City of Southlake::Metricom,Inc. page 6 of 13 southlakel.doc[05mas28row98ua1] 09/04/98 7:09 PM �� ilpV • discounted subscriptions and any additional service subscriptions or service options the City may desire are expressly excluded from this special Municipal 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. 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 S 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 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 Use Agreement. 5.2 Damage to Municipal Right of Way. Whenever the installation, removal, or relocation of Radios is required or permitted under this Use Agreement, 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. SRight-of-Way Use Agreement City of Southlake::Metricom,Inc. page 7 of 13 souHdakel.doc[05mas28row98ual] 09/04/98 7:09 PM �•a—9 ppr.- • 5.3 Right-of-Way Work. This Use Agreement does not authorize Metricom to trim trees, excavate, or cut pavement on or in the Municipal Right of Way. 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, ADMINISTRATIVE AND JUDICIAL PROCEEDINGS AND ORDERS, JUDGEMENTS, REMEDIAL ACTIONS OF ANY KIND, ALL COSTS AND CLEANUP AC DONS 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. 7 INSURANCE. Metricom shall obtain and maintain at all times during the term of this Use Agreement 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 Use Agreement. 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 Right-of-Way Use Agreement City of Southlake::Metricom,Inc. page 8of13 southlakel.doc[05mas28row98ua1] 09/04/98 7:09 PM /O 111V- 0(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 Use Agreement, 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; (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 S 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 § 8 below. 7.2 Workers' Compensation Insurance. Metricom shall obtain and maintain at all times during the term of this Use Agreement 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 part of the commercial general liability and commercial automobile liability policies. 110 Right-of-Way Use Agreement City of Southlake::Metricom,Inc. page 9of13 souNdakel.doc[05mas28row98ua1] 09/04/98 7:09 PM L5�// pprP 0 8 NoTICEs. All notices which shall or may be given pursuant to this Use Agreement .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 8.1 Date of Notices; Changing Notice Address. Notices shall be deemed given upon 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. 9 TERMINATION. This Use Agreement 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 10th day after notice, this Use Agreement may be terminated. Except as expressly provided herein, the rights granted under this Use Agreement are irrevocable during the term. 10 ASSIGNMENT. This Use Agreement shall not be assigned by Metricom without the express written consent of the City, which consent shall not be unreasonably withheld, conditioned, or 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 Use Agreement. III Right-of-Way Use Agreement City of Southlake::Metricom,Inc. - page l0 of 13 southlakel.doc[05mas28row98ua1] 09/04/98 7:09 PM 11 MISCELLANEOUS PROVISIONS. The provisions which follow shall apply generally to the obligations of the parties under this Use Agreement. 11.1 Nonexclusive Use. Metricom understands that this Use Agreement 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 Use Agreement. This Use Agreement may not be amended except pursuant to a written instrument signed by both parties. 11.3 Severability of Provisions. If any one or more of the Provisions of this Use Agreement 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 Use Agreement and . shall not affect the legality, validity, or constitutionality of the remaining portions of this Use Agreement. Each party hereby declares that it would have entered into this Use Agreement and each Provision hereof irrespective of the fact that any one or more Provisions except § 4.1 be declared illegal, invalid, or • 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 Use Agreement 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 Use Agreement, 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 Use Agreement 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 Use Agreement and any addenda, attachments, and schedules which may from time to time be referred to in any • Right-of-Way Use Agreement City of Southlake::Metricom,Inc. page 11 of 13. southlakel.doc[05mas28row98ua1] 09/04/98 7:09 PM duly executed amendment to this Use Agreement are by such reference • incorporated in this Use Agreement and shall be deemed a part of this Use Agreement. 11.8 Successors and Assigns. This Use Agreement 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 Use Agreement, 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 Use Agreement 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 Use Agreement. 11.12 Representations and Warranties. Each of the parties to this Agreement 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. 11.13 Entire Agreement. This Use Agreement 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 Use Agreement which are not fully expressed herein. • Right-of-Way Use Agreement • City of SouthIake::Metricom,Inc. page 12 of 13 southlakel.doc[05mas28row98ua1] 09/04/98 7:09 PM pp, Jrt iuitnE5O W1 ErEUf, and in order to bind themselves legally to the terms and conditions of this Use Agreement, the duly authorized representatives of the parties have executed this Use Agreement as of the Effective Date. City: CITY OF SOUTHLAKE, a Texas municipal corporation By: • Rick Stacy,Mayor Metricoln: METRICOM,INC., a Delaware corporation By: [name typed] Its: - 1 • • Right-of-Way Use Agreement City of Southiake::Metricom,Inc. page 13 of 13 southlakel.doc 05mas28row98ua1 � ] 09/04/98 7:09 PM Pro City of Southiake,Texas MEMORANDUM October 2, 1998 TO: Curtis E. Hawk, City Manager FROM: Shana K. Yelverton, Assistant City Manager SUBJECT: Ordinance No. 714, 1st reading, Granting a franchise to Millennium Telcom, L.L.C. for the provision of cable television service within the city. You will recall that Millennium Telcom, L.L.C. has approached the City to obtain a franchise agreement for providing telephone and cable service within the City of Southlake. The item on the current agenda is the cable portion of their request, and the telephone agreement has been placed on the agenda for second reading as a separate item. 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 0 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. This type of request for franchise agreements was not a surprise. The Telecommunications Act of 1996 completely overhauled the federal regulations for the industry, transitioning it from regulated monopoly to a fully-competitive industry. The Act was passed with the intention of encouraging competition by allowing multiple telecommunications providers, each competing with one another, with some providing voice services, some providing data, services, some providing video services, and some providing all three.(The significant construction expenditures incurred by companies attempting to penetrate the customer base of incumbent local exchange companies has limited the number of companies entering into the market, which is probably why we are processing our first agreement a full two years after the law was enacted.) Although many of the provisions of the 1996 Act will ultimately be defined through FCC decisions, court.decisions, state legislation and municipal ordinances, they have already paved the way for new competitive companies like Millennium to enter into local markets.. In spite of-- the federal regulations governing this industry, the Act does solidify the role of local governments as that of the landlord of the local public streets and rights-of-way, and of the 0 various private companies that place facilities on those rights-of-way as tenants. Under the 0 law, cities are entitled to fair compensation from those private companies, but must treat the rights-of-way users in a coordinated, nondiscriminatory way. This particular franchise agreement was 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 operations we have negotiated a short term agreement (five years rather than 15) which will have requirements which more fairly reflect their limited subscriber base. ;For example, we are not requiring them in this agreement to designate a governmental access channel or link to Marcus' channel, although we are fully prepared to do so once they,become a more established company. These more onerous requirements can be negotiated once they expand their services to a broader geographical area and a larger subscriber base. This agreement, while allowing them into the cable market in Southlake, will provide incremental benchmark requirements. • Note that we are still working through the details of how to limit their operations. This must be completed prior to second reading. Millennium has proposed developing subscriber level benchmarks, at which certain requirements will "kick in." Analeslie Muncy is evaluating their proposal and will finalize her recommendations to us for second reading. As such, Exhibit A is not yet ready, and is not attached to the ordinance as referenced. Please place this item on the October 6, 1998 City Council meeting agenda for first reading. I will be happy to answer any questions you may have about this item. • S O sc a Ippir -�4-1V 16:56 LH41 F l KM Ulf JJc "('. r.nri is my • ORDINANCE NO. rA''"\ AN ORDINANCE GRANTING A LIMITED FRANCHISE TO MILLENNIUM TELCOM, L.L.C. TO CONSTRUCT, INSTALL, OPERATE, AND MAINTAIN A CABLE TELEVISION SYSTEM IN CERTAIN PORTIONS OF THE CITY OF SOUTHLAKE; PROVIDING CONDITIONS; PROVIDING FOR ACCEPTANCE; AND PROVIDING AND EFFECTIVE DATE. WHEREAS, Millennium Telcom, L.L.C., has requested a cable television franchise to 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 ofthe 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 the Cable Company a non-exclusive franchise,right, and privilege O to construct, install, operate, modify, and maintain a Cable Television System with all necessary facilities,in,upon,along,across, above,and under certain highways, streets,alleys, sidewalks,and public ways in the City as indicated in red on the map marked as Exhibit A,attached to and made a part of this ordinance. SECTION 2. Definitions. Wheneverusedmthis 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 101 East Main Street,Denison, Texas 75020,its agents,officers,employees,and its successors. (b) Cable Television System or System means a system of antennae,cables,wires,lines, towers,waveguides,or other conductors,converters,equipment or facilities located in the City that are designed and constructed for the purpose of producing, receiving, amplifying, and distributing audio,video and other forms of electronic or electrical signals_ (c) City means the City of Southlake, Texas. (d) Gross Subscriber Revenues means the gross amount received from the operation of all facets of the Cable Company's business arising from operations within the City. III Millennium Cable Television Franchise -i- H--G4-1 S 16'S6 LHW r l rrrt ill"r 3 3G 4"r4io Y.I0.5/12 SECTION 3. Franchise Term. The term of this franchise is five years from the date of S 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. SECTION 4. Compensation to the City. (a) Amount. As compensation for the use, occupancy, oversight, supervision,and regulation ofthe City's rights-of-way,Cable Company shall,during each year of operation under this frpneeise,pay to the City an annual sum of five percent 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 payment& 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 during the term of this franchise. At the time of payment,the Cable Company shall fiumish the City with a report showing the Cable Company's Gross Subscriber Revalues during the preceding period. SECTION 6. Records and Reports. The Cable Company shall keep full, true, accurate and current books of account reflecting S 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 maybe 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. • Millennium Cable Television Franchise -2- (.5 r--d4-177b 1b:5 r LHW r 1 M I rii r J3G 4 r400 r.t44/1� rrei • (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 telephonecapability 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 andbrll payment locations shall be open at least during normal business hours and must be conveniently located. (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: ' (1) Installations.The Cable Company shall complete standard installations within seven business days after an order has been placed. (2) Service problems. The Cable Company shall: (A) except for conditions beyond tbe control oft a Cable Company,begin working on service interruptions promptly,but no later than 24 hours after the interruption becomes known to the Cable Company; (B) 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) Ifthe 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. (1) Notifications to subscribers. (A) 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: (i) products and services offered; (ii) prices and options for programming services and conditions of - -- subscription to programming and other services; (iii) installation and service maintenance policies; IIIMilleaniere Cable Television Franchise -3- P-24-1998 16 e 57 LAW FIRM 1317 SSG 4-r4b Y.YJb/1Z pillipppee (iv) instructions on how to use the cable service; • (v) channel positions of programming carried on the system;and (vi) billing and complaint procedures, including the address and telephone number of the city's cable office. (B) 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. (i) 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 carol of the Cable Company. In this case the Cable Company shall give the notice as soon as the information is received. (ii) The Cable Company shall notify subscribers 30 days before any significant change is made in the information required in Paragraph(ex1Xa). (2) Billing. (A) The Cable Company shall prepare subscriber bills: (i) so that they are clear, concise, and understandable;and (ii) with charges tally itemized,including,but not limited to,basic and premium service charges and equipment charges. (B) In case of a billing dispute, the Cable Company must respond to a written complaint from a subscriber within 30 days. (3) Refunds. The Cable Company shall issue refund checks promptly,but no later than either: (A) the subscriber's next billing cycle following resolution of the request S or 30 days,whichever is earlier,or (B) the return of the equipment supplied by the Cable Company if service is terminated. (4) 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. (f) Enforcement. (1) Notice of violation;failure to respond;civil penalty. Ifthe Cable Company , violates this ordinance, 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. (2) 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. IC 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. (3) 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 IIIMilleaniwn Cable Television Franchise -4- '-' P-24-1998 16:58 LAW FIRM40 817 332 4740 P.@6/12 pippeE 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 civil penalties,if warranted. The Cable 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. , (4) City council order. The city council may,by its order,impose civil penalties up to $500 per day, 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 orderspecific actions by the Cable Company to correct violations of this ordinance. SECTION 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 ofthis 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. r S (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 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) 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 occ urrence,and property damage limits of not less than $1,000,000 per occurrence. III }Miamium Cable Television Franchise -5 - -c- 7 ppppgP-24-1998 16:59 LAW FIRM 81? 332 4740 P.0?i12 E (3) CertificatesofInsurance. Cable Company shall furnish City with certificates 41) 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 9. General Conditions of Use (a) Placement of Poles and Equipment. All poles placed shall be ofsound 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. (b) Requirement of Relocation. The City reserves the right to require the Cable Company, 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 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. The Cable Company is not authorized to license or lease to any person or entity the right to occupy or use the City's tights-of-way for the conduct of . any private business. The Cable Company may be required to attach its transmission media to facilities owned and maintained by any person or 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. 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 is a condition precedent to granting permission to attach transmission III Adillesnitaa Cable Television Franchise -6- ,5-c�B -24-1998 16 59 LAW FIRM 81? 332 4748 P.0€3/12 IpprrP media to Cable Company's facilities;provided,Cable Company's requirements for such insurance are • reasonable,as determined by the City. (f) Location of Transmission Media. Transmission media shall be so located on the facilities as to be safe and not to interfere unnecessarily with the use of the rights-of--way by others, including persons or entities authorized to use the facilities. 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 be subjected to incased 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. SECTION 10. Construction,Maintenance,and Excavation. (a) Removal ofDangerous 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 ofPublic 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. (b) Excavation and Restoration. III (1) 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 condition& (2) 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 ofthe 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. 411) Millennium Cable Television Franchise -7- _5-C--- 9 -24-1998 17:00 LAW FIRM U1'r .s s 474U r.kTe/1d (d) Placement of Fixtures. The Cable Company shall not place poles or other 40 fixtures where the same will interfere with any properly located gas, electric or telephone fixture, water hydrant or main,and all such poles or other fixtures 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 said alley,and then in such manner as not to interfere with the usual traffic on said 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 ofthe Cable Company. When directed by the City, Cable Company shall perform tree truing under the supervision and direction of a designated representative of the City. (f) Extension of Service. The Cable Company may not extend its cable facilities and service beyond the area designated in Exhibit A without an amendment to this franchise authorizing the extension. SECTION U. Work by Others, Alteration to Conform with Public Improvements. (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 IIIMillennium Cable Television Franchise -g a�� yr.err) L w rarUi L31( JJG 4/4f7 1".la"1G pprpr-- 40 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 12. Compliance with Standards. All facilities and equipment of Cable Company shall be constructed and maintained in accordance with the requirements and specifications ofthe National Electrical Safety Code and such applicable ordinances and regulations set forth by the City and/or any other local, state or federal agencies. SECTION 13. 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. SECTION 14. 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 by the City Council, provided that such approval shall not be unreasonably withheld if the transferee,assignee,or lessee has filed with the S appropriate official of the City an instrument duly executed,reciting the fact of such sale,assignment or lease,accepting the terms of this franchise and agreeing to perform all conditions of this ordinance. SECTION 15. 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 16. 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 IIIIibllennium Cable Television Franchise -9- c--c•+-1778 1(=101 LHw r 1 P 11 81'r .s 5 a'rab F.i i/iz pprippc • If to Cable Company: Milletmnum Telcom,L.L.C. 101 East Main Street Denison,TX 75020 Attn.:President SECTION 17. Incorporation of Otber Law. The provisions ofthis 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 systems not included in this ordinance,it is agreed that the City shall have the option to implement the regulations so authorized. SECTION 18. Severability. If any section,subsection,sentence,clause,phrase or portion ofthis 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 19. Effective Date. This ordinance shalltake effect alter its adoption by the City Council,receipt by the City of certificates evidencing the Cable Company has obtained all insurance required by this ordinance, and execution of the acceptance of the franchise by Cable 0 Company. ' ATTEST CITY OF SOUTH LAICE BY: City Clerk Mayor Date: • Millennium Cable Televisica Franchise -10- .5 '--/a -24-1998 17:01 LAW FIRM 817 .S.S.d 4-r4U r.1d/1d ACCEPTANCE OF FRANCHISE thisMillennium Telco L.L.C. herebyaccepts this By slgning acceptance statement, m, ordinance as the agreement between Cable Company and the City and does hereby agree to be bound by all of its terms,provisions and conditions. TELCOM,L.L.C. . • BY: TITLE: S . N., 144.ti,.kable iniuimium 1111/ Milmaiam Cable Television Franchise -11- TOTAL P.12 City of Southlake,Texas MEMORANDUM October 2, 1998 TO: Shana Yelverton, Assistant City Manager FROM: Billy Campbell,Director of Public Safety SUBJECT: Ordinance No. 719, 1st 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. The ordinance has been reviewed by the City Attorneys and is ready for consideration at the October 6, 1998 City Council Meeting. 60 . BC/bls Attachments 5D-1 AYLOR, OLSON, ADKINS, SRALLA & ELAM, L.L.P. ATTORNEYS AT LAW 11101 ROCKMORTON STREET TELEPHONE(817)332-2580 ANK ONE TOWER TOLL FREE(800)318-3400 WORTH,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. After you have had an opportunity to review the ordinance, please give me a call to discuss any revisions or questions you may have. Sincerely, /&& . Debra A. Drayovit DAD:lmh Enclosure H:\LIBRARY\Southlake\LETTERS\Ward Paul.LTR.DAD001.wpd S _ ._ 5D-2 • ORDINANCE NO./ IS 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: i FOOD MANAGER/HANDLER ORDINANCE PAGE 1 H:\LIBRARY\SouthlakeeORDINANCVood.manager.wpd(0923/98) • 5D-3 -- r . • Section 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 FOOD MANAGER/HANDLER ORDINANCE PAGE 2 H:\LIBRARY\Southlake\ORDINANCVood.manager.wpd(0923/98) . __ 5D-4 . r ,-, • 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 41) 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 FOOD MANAGER/HANDLER ORDINANCE PAGE 3 H:IUBRARY1Southlake\ORDINANCVood.manaper.wpd(09123/98) - / 5D-5 -- • V . • 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. IIIAll 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 111111 I FOOD MANAGER/HANDLER ORDINANCE PAGE 4 H:\LIBRARY1Southlake\ORDINANCVood.manager.wpd(09/23/98) - _ 5D-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: . s FOOD MANAGER/HANDLER ORDINANCE PAGE 5 H:ILIBRARY1Southlake\ORDINANCVoad.manager.wpd(09/23/98) - 5D-7 _. r V -98 FRI 12:05 PM TARRANT CITY HEALTH DEPT FAX NO. 817 871 .7283 P. 2 - al City F FH FM TRFH TRFM P Azle X X X B4Empl 60 days Bedford X X X X Benbrook X. X X 184Empl 80 days X Blue Mound X X 60 days X Coffeyville X X X B4EmpI 60 days X Crowley X X X 60 days Dalworthington X X 60 days X DFW X X X Edgecliff Village X X X B4EmpI 60 days Everman X X B4Empl X Forest Hill X X X B4Empl 80 days X Haltom City X X X B4Empl 60 days • Haslet X X X B4Ernpl 60 days X Hurst X X X B4Empl 80 days X Keller X X 60 days X Kennedale X X B0 days Lakeside X X 60 days Lakeworth X X X B4EmpI 80 days X S Mansfield X X X B4EmpI 80 days X Pantego X X X B4Empl 60 days Pelican Bay X X X B4EmpI 80 days Richland Hills X X X B4Empl 60 days X River Oaks X X X B4Empl 60 days X Saginaw X X X B4Empl 60 days X Sansom Park X X 80 days X Southlake X X 60 days X Watauga X X X B4Empl 60 days X Westlake X X 60 days X Westworth Village X X X B4Emp1 60 days X White Settlement X X X B4Empl 60 days X F=Food Ordinance FH=Food Handler Ordinance FM=Food Manager Ordinance ' TRFH=Time Requirement for Compliance to Food Handler Ordinance TRFM=Time Requirement for Compliance to Food Manager Ordinance P=Poo1 Ordinance • . . 5D-8 rr ! City of Southlake,Texas MEMORANDUM 1111 October 1, 1998 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Interim Director of Parks and Recreation . SUBJECT: Ordinance No. 716, 1st Reading, Establishing a Library Board Attached is the draft ordinance establishing a Library Board for the City of Southlake. With the recent plans to construct a library in the Town Hall, establishment of a Library Board will help us to begin planning for the type of facility needed and desired by the residents. Necessarily, this board needs to be formed soon to begin the tasks of facility and program planning. City Secretary Sandy LeGrand has begun the process of advertising and accepting applications for this Board. In creating this draft, staff reviewed ordinances regarding Library Boards from the following cities: Grapevine, Keller, Denton, North Richland Hills and Fort Worth. The draft ordinance is also modeled after the Park Board ordinance. At its September 15 meeting, the City Council discussed the draft ordinance and requested that reference to solicitation of gifts by the Library SBoard be removed from Section 4 "Board Duties and Responsibilities." This change has been made. Please place this item on the City Council agenda for consideration at the regular meeting on October 6, 1998. Please call me if you have any questions. Gig KH Attachment: Draft Ordinance No. 716, Establishing a Library Board III 5F - 1 DRAFT 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: • DRAFT 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 410 city libraries which have accrued at the time of the effective date of this ordinance; and, as to M:\W P-FILES\Library\library-ord.doc 5F-3 DRAFT such accrued violations and all pending litigation, both civil and criminal, whether pending in S 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 111 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 III M:\WP=FILES\Library\library-ord.doc �� City of Southlake, Texas MEMORANDUM • October 2, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works / SUBJECT: Award of bid to Sharrock Electric, Inc. for the installation of a traffic signal at Shady Oaks and F.M. 1709 Background A warrant analysis conducted by Lee Engineering of the intersection of Shady Oaks and F.M. 1709 substantially indicates that a traffic signal is warranted. This proposed signal should alleviate congestion associated with traffic traveling to Durham Elementary located on Shady Oaks. Council authorized staff to seek bids for this signal at the July 21, 1998 City Council Meeting. Low bidder for this project is Sharrock Electric, Inc. with a bid of $82,357.20. Bids 1111 were publicly opened and read aloud on September 14, 1998. Attached is the bid tabulation prepared by Lee Engineering. Funding/Fiscal Impact The low bid of$82,357.20 is significantly lower than the $100,000 provided in the CIP budget to fund this project. Recommendation Staff recommends Council authorize the Mayor to enter into a contract with Sharrock Electric, Inc. for the installation of a traffic signal at Shady Oaks and F.M. 1709 in the amount of $82,357.20. Please place this item on the October 6, 1998 Regular City Council Agenda for City Council review and consideration. BW/cre Attachment: Bid Tabulation r 5G-1 • . TRAFFIC SIGNAL INST N-BID TABULATION FM 1709 a Y OAKS • • 1 Item Spec Description Unit Qty. Sharrock Electric N.Texas Signal Systems Durable Specialties No. No. Unit Total Unit Total Unit Total 1 500 Mobilization I.s. 1 5,000.00 5,000.00 3,500.00 3,500.00 2,000.00 2,000.00 2 502 Barricades,Signs,and Traffic Handling mo. 2 750.00 1,500.00 850.00 1,700.00 500.00 1,000.00 3 682 Vehicle Signal Section each 8 135.00 1,080.00 392.00 3,136.00 400.00 3,200.00 4 6092 LED Vehicle Signal Section each 13 425.00 5,525.00 440.00 5,720 00 220.00 2,860.00 5 682 Louvered Vehicle Signal Section each 1 185.00 185.00 65.00 65.00 100.00 100.00 6 682 Pedestrian Signal Section each 4 450.00 1,800.00 520.00 2,080.00 500.00 2,000.00 7 688 Pedestrian Push Button and Sign Assemblies each 4 105.00 420.00 85.00 340.00 100.00 400.00 8 S-6100 Opticom Detector Unit each 2 650.00 1,300.00 2,500.00 5,000.00 750.00 1,500.00 9 S-6101 Opticom Cable if. 225 1.00 225.00 0.45 101.25 1.00 225.00 10 680 Traffic Signal Controller Cabinet Assembly each 1 11,250.00 11,250.00 12,000.00 12,000.00 13,000.00 13,000.00 11 656 Traffic Signal Controller Foundation c.y. 1.8 375.00 675.00 555.00 999.00 800.00 1,440.00 12 656 Type 36-A Drilled Shaft Foundation I.f. 24 100.00 2,400.00 135.00 3,240.00 140.00 3,360.00 13 656 Type 30-A Drilled Shaft Foundation I.f. 10 95.00 950.00 95.00 950.00 150.00 1,500.00 14 656 Type 24-A Drilled Shaft Foundation I.f. 5 85.00 425.00 75.00 375.00 130.00 650.00 15 686 Traffic Signal Pole w/48 ft Mast Arm and Luminaire each 2 4,000.00 8,000.00 3,950.00 7,900.00 4,500.00 9,000.00 16 686 Traffic Signal Pole w/36 ft Mast Arm and Luminaire each 1 3,000.00 3,000.00 3,250.00 3,250.00 4,300.00 4,300.00 17 6008 8 ft Pedestal Pole each 1 500.00 500.00 295.00 295.00 600.00 600.00 18 688 Loop Detectors I.f. 1,450 6.00 8,700.00 3.75 5,437.50 4.00 5,800.00 19 624 Ground Boxes each 14 475.00 6,650.00 370.00 5,180.00 500.00 7,000.00 20 628 Electircal Service to Traffic Signal Pole each 1 750.00 750.00 800.00 800.00 _ 1,000.00 1,000.00 21 618 1.5"RMC-Pole Mounted I.f. 26 7.50 195.00 13.50 351.00 4.00 104.00 22 618 1.5"PVC-Trenched if. 415 4.00 1,660.00 ' 4.00 1,660.00 4.00 1,660.00 23 618 1.5"PVC-Bored I.f. 115 15.00 1,725.00 12.00 1,380.00 11.00 1,265.00 24 618 2"PVC-Trenched 11. 320 4.50 1,440.00 6.75 2,160.00 4.00 1,280.00 25 618 2"PVC-Bored I.f. 45 17.50 787.50 13.75 618.75 11.00 495.00 U7 26 618 3"PVC-Trenched I.f. 180 5.00 900.00 9.00 1,620.00 5.00 900.00 0 27 618 3"PVC-Bored I.f. 140 20.00 2,800.00 14.50 2,030.00 12.00 1,680.00 N 28 620 1 C#4 AWG I.f. 120 1.00 120.00 0.95 114.00 1.00 120.00 29 620 1C#6 AWG(BARE) I.f. 685 0.75 513.75 0.55 376.75 0.50 342.50 30 620 1 C#10 AWG I.f. 500 0.50 250.00 0.30 150.00 0.50 250.00 31 684 16C#12 AWG I.f. 590 2.05 1,209.50 2.25 1,327.50 2.00 1,180.00 • 32 684 2C#14 Shielded if. 4,520 0.75 3,390.00 0.47 2,124.40 0.50 2,260.00 33 6111 Spread Spectrum Radio each 1 1,250.00 1,250.00 2,000.00 2,000.00 2,000.00 2,000.00 34 6111 SSR Antenna . each 1 275.00 275.00 500.00 500.00 500.00 500.00 35 6111 SSR Cable I.f. 60 1.25 75.00 2.00 120.00 5.00 300.00 36 678 Surface Preparation for Pavement Markings-4" I.f. 250 0.40 100.00 0.35 87.50 0.50 125.00 37 678 Surface Preparation for Pavement Markings-8" I.f. 496 0.55 272.80 0.50 248.00 1.00 496.00 38 678 Surface Preparation for Pavement Markings-24" I.f. 98 1.75 171.50 1.70 166.60 2.00 196.00 39 678 Surface Preparation for Prefabricated Pavement Markings- each 2 35.00 70.00 35.00 70.00 50.00 100.00 40 678 Surface Preparation for Prefabricated Pavement Markings- each 2 25.00 50.00 25.00 50.00 50.00 100.00 41 666 Type I Pavement Markings(24"Stop Bar) If 98 7.25 710.50 8.00 784.00 5.00 490.00 42 666 Type I Pavement Markings(8"Crosswalk and Edge Lines) if. 496 1.50 744.00 1.40 694.40 4.00 1,984.00 43 666 Type I Pavement Markings(4"Yellow) I.f. 250 0.75 187.50 0.70 175.00 2.00 500.00 44 666 Type II Pavement Markings(24"Stop Bar) I.f. 98 2.25 220.50 2.25 220.50 5.00 490.00 45 666 Type II Pavement Markings(8"Crosswalk and Edge Lines) I.f. 496 0.65 322.40 0.60 297.60 4.00 1,984.00 46 666 Type II Pavement Markings(4"Yellow) I.f. 250 0.35 87.50 0.30 75.00 2.00 500.00 47 668 Prefabricated Pavement Markings-WORD each 2 350.00 700.00 330.00 660.00 200.00_ 400.00 _ 48 668 Prefabricated Pavement Markings-ARROW each 2 250.00 500.00 230.00 460.00 200.00 400.00 49 677 Pavement Marking Removal-4" I.f. 610 0.60 366.00 0.65 396.50 1.00 610.00 50 677 Pavement Marking Removal-8" if. 143 1.25 • 178.75 1.25 178.75 2.00 286.00 51 531 Type I Sidewalk Ramp each 1 750.00 750.00 750.00 750.00 567.50 567.50 $82,357.20 $83,915.00 $84,500.00 City of Southlake,Texas MEMORANDUM October 2, 1998 • TO: Shana Yelverton, Assistant City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Request for Sign Variance for a Special Purpose sign for Southlake Newcomers Club Attached is a memo from Plans Examiner Charles Bloomberg regarding the Southlake Newcomers Club request for a sign variance. The volume of pertinent information that is required cannot be placed on a sign that we have legislated by the new ordinance. Typically, a special purpose sign would be for fund raising type projects, and the signs would need to give information as to the event, who to reach for tickets, sponsor names, etc. Under the previous ordinance, these signs would be permitted up to 50 sq. ft. Under the new ordinance, this has been reduced to 4 sq. ft. This significant change in size is contributed to a change in categories from a freestanding sign to a ground sign in the new ordinance. The Southlake Newcomers Club sign is 20 sq. ft. The bottom line is that the current ordinance does • not allow for a sign large enough to properly convey the information on a sign that would be generated under the special purpose category. Also, if there is a consensus that the Council would like to relook at that single section dealing with special purpose signs in the new ordinance, we would gladly revisit that section and convey those findings to Council as a discussion item at the appropriate time. The applicant, Southlake Newcomers Club, would like to request a variance for their upcoming Holiday Home Tour. The specific sites have not been confirmed, however, they intend to place one sign along Southlake Blvd. and one along S.H. 114. If you have any questions, please contact Charles Bloomberg or me. BC/bls Attachments S 5I - 1 , City of Southlake Texas MEMORANDUM • DATE: September 28, 1998 TO: Billy Campbell, Director of Public Safety FROM: Charles R. Bloomberg C. B. O., Plans Examine([5 SUBJECT: Special Purpose Signs, Supplemental Information In the last two week I have had two requests for Special Purpose Signs. The Chamber of Commerce requested to change copy on an existing sign to advertise the Southlake Stampede. This request came in after the approval of the new sign ordinance but before the effective date. A permit was issued for a thirty-two square foot sign at Crossroads Square Shopping Center under the previous ordinance. The Newcomers Club then applied for the sign that resulted in the variance request. In the process of changing from Freestanding Signs to Ground Signs it seems that there was an oversight in considering the particular needs of the Special Purpose Signs. Typically these signs advertise a special event that is a fund raiser intended to benefit the community. In order to convey what the benefit is for and where to go for information a four square foot sign is inadequate. The Development Signs and Model Home Signs that were also converted to this category were mined to be thirty-two square feet and five feet high. If desired by the council it would be quite op le to draw up an ordinance amending Section 21-C of Ordinance 704 with these provisions. CB Attachments: Sign Ordinance, sections 16-C and 21-C xc: Paul Ward, Building Official f . , 5+-1 -a City of Southlake,Texas MEMORANDUM • DATE: September 28, 1998 TO: Billy Campbell, Director of Public Safety FROM: Charles R. Bloomberg C. B. O., Plans ExaminerC-27 SUBJECT: Sign Variance Appeal for Southlake Newcomers Club Mrs. Barbie Derby has applied for two Special Purpose signs to advertise their upcoming Holiday Home Tour. The specific sites have not been confirmed, however she stated they intend to have one sign on • Southlake Blvd. and one on Highway 114. She will be required to obtain a letter of permission from the property owner and locate them as required by the sign ordinance. The signs are four by five feet or twenty square feet. Section 21-C of the sign ordinance permits Special Purpose signs only as a Ground Sign the general regulations for a Ground Sign in Section 16-C limits the size to four square feet per sign face and a maximum height of three feet. The previous ordinance permitted a freestanding sign of up to 50 square feet. In the change to all ground signs no provision was made to adjust the allowable area. If the signs are approved the variance should allow the additional area and height to accommodate the signs they have purchased. •se schedule this item to be on the October 6, 1998 City Council Agenda. CB Attachments: Application form Sign Ordinance, sections 16-C and 21-C xc: Paul Ward, Building Official • 8. PROTRUSIONS: Attached signs may not protrude farther than eighteen inches (18") from the building,excluding signs attached to canopies. 9. RESIDENTIAL ADJACENCY: Attached signs shall not be allowed on any facade (other than the main front of the building)which faces property zoned for single-family residential uses if the sign is within one hundred fifty feet(150')of the property line of said residential property. B. MONUMENT SIGN 1. GENERAL: Unless otherwise specifically provided, the regulations set forth in this subsection • shall be applicable to all monument signs which are allowed under this ordinance. 2. MINIvlUM LETTER/LOGO HEIGHT: The minimum height allowed for letters or logos shall be six(6)inches. 3. MAXIMUM HEIGHT: Four (4) feet, excluding monument base and sign structure. The monument base may be an additional eighteen(18) inches in height measured from ground level at the center of the base to the top of the base. The sign structure shall not exceed five(5)feet. 4. MAXIMUM AREA: One hundred(100)square feet per sign with a maximum area per sign face of fifty (50) square feet. The maximum area for the sign structure shall not exceed seventy(70) square feet (see Appendix'A'for measurement criteria). 5. `UMBER OF SIGNS: Only one monument sign, excluding menuboard signs, shall be allowed along each street frontage on any site, unless otherwise specifically provided in this ordinance. • Monument signs may be no closer than five hundred(500)feet on any one site. 6. MINIMUM SETBACK: Fifteen(15)feet from any property line. 7. MATERIAL REQUIREMENTS: All monument sign bases shall be constructed:of the same masonry material as the front building facade on the same site or shall be stone or brick. The sign structure must be constructed or covered with the same masonry material as the principal building, or stone, or brick. Sculpted aluminum sign panels will be allowed. All sign text and graphic elements shall be limited to a minimum of six (6) inches from the outer limits, of the sign • structure. 8. ILLUMINATION: Monument signs may only be illuminated utilizing internal lighting for sculpted aluminum panels or a ground lighting source where the light itself and supporting structure are not visible from public R.O.W. C. GROUND SIGi`1 �� Y 1. GENERAL: Unless otherwise specifically provided, the regulations set forth in this subsection shall be applicable to all ground signs. 2. LOCATION LIMITATIONS: No signs shall be placed within public right-of-way. 3.. MAXIMUM HEIGHT: Three feet(3') _ __ 4. MAXIMUM AREA: Eight(8)square feet with a maximum of four(4)square feet per sign face. 5. NUMBER OF SIGNS: One(1)sign per site. L'arYnocs<OR NA 'SIGMSIGNaaa.noc SIGN ORDINANCE NO.704 September 1,1998 Page 9 • c. NUMBER OF SIGNS: Maximum of two(2)signs per site. SEC.20 PERMANENT SIGNS EXEMPT FROM PERMIT A permit shall not be required for the following signs: A. HOME OCCUPATION SIGN 1. PERMITTED SIGN STRUCTURE: Attached 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MINIMUM LETTER/LOGO HEIGHT: Not applicable b. MAXIMUM AREA: One(1)square foot c. MAXIMUM NUMBER OF SIGNS: One(1) d. LOCATIONS WHERE ALLOWED: Any sign must be non-illuminated and mounted flat against the wall at the entrance of the home occupation. • SEC.21 TEMPORARY SIGNS REQUIRING PERLMIT A permit shall be required for the following signs: A. BANNER 1. PERMITTED SIGN STRUCTURE: Attached 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MAXIMUM AREA: 0.5 square feet for every one foot of width of building or lease space not to exceed fifty(50)square feet. b. MAXIMUM NUMBER OF SIGNS: One(1)per site c. DURATION: Maximum fifteen(15) days,twice per calendar year with a sixty(60) day separation between permits. • B. MODEL HOME SIGN 1. PERMITTED SIGN STRUCTURE: Monument and/or ground 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MAXIMUM HEIGHT: Five(5)feet for ground signs ' b. MAXIMUM AREA: Sixty-four (64) square feet with a maximum of thirty-two (32) square feet per sign face c. MINIMUM SETBACK: Fifteen(15)feet from any property line d. MAXIMUM NUMBER OF SIGNS: One(1)sign per builder per subdivision e. MATERIAL REQUIREMENTS: Not applicable f. LOCATIONS WHERE ALLOWED: Not applicable g. RESIDENTIAL ADJACENCY: Not applicable C. SPECIAL PURPOSE SIGN 1. PERMITTED SIGN STRUCTURE: Attached and/or ground 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MAXIMUM NUMBER OF SIGNS: Four(4)total per event or occasion b. PLACEMENT TIME: Twenty-one (21) days, must be removed within three (3) days after termination of the event. No more than twice a year. c. MATERIAL REQUIREMENTS: Not applicable d. LOCATIONS WHERE ALLOWED: Not applicable e. RESIDENTIAL ADJACENCY: Not applicable D. DEVELOPMENT SIGN 1. PERMITTED SIGN STRUCTURE:Monument and/or ground 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MAXIMUM HEIGHT:Five(5)feet • b. MAXIMUM AREA: Sixty-four (64) square feet with a maximum of thirty-two (32) square feet per sign face. c. MAXIMUM NUMBER OF SIGNS: One(1)per site d. DURATION: Sign may be installed at any time after the issuance of the building permit LAcrrt DOMORDWINALZIGASIGN-7a.noC SIGN ORDINANCE NO.704 September 1,1998 Page 13 V • CITY OF SOUTHLAKE February 6, 1995 IIISIGN VARIANCE APPLICATION APPLICANT OWNER (if different) 4Qu1NL-A'E -1t)1:u1 etaers C6,a(3 NAVE: AR ii9 t C-- A. t./ee 8 y ADDRESS: ( Bo r ce.A & 1 Be&ID Sou.`rN LAKE.).-t--,e 16o / PHONE: g l 1 -+ ti g i g i L/4 FAX: gl -1 3a.ci - ld- :'he following information pertains to the location for which the variance is beinc ;egyes ted: TAME OF BUSINESS OR OPERATION: • PHYSICAL ADDRESS: _ LEGAL DESCRIPTION : Lot Block Subdivision I hereby certify that this application is complete as per the requirements of Sign Jr ce No. 506 as summarized below. I further understand that it is necessary to have a rep tative at the City Council meeting who is authorized to. discuss this request, address any unresolved issues, and approve changes, if any. Applicant's Signature: Date: 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: ****************************************************************************************** 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 request. 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 IVadjoining 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. 4„ X 3 " -- iQ.thporA if,Li s10ea.t41--. fur-pose, ztTO AAA ai _ r' . 5H- - L PV Demonstration ii Pe demonstrate that the following conditions are ap9 l i cabl a to the requested sign variance: 1 . That a literal enforcement of the sign regulations will create an unnecessary hardship or practical difficulty on the applicant. -111-0--) 54eras LO4ii.JLJ dz Clefa, (D - at 6 ik) pit) —1 ,c,a- ()Lazio .td ci i ) c_.e.AcE, ;09(1_A A ty-ege- (14, ---yi-ii, etoues 6-I.lgc.LQ4e 4). 2 . That the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self imposed. "1/12, q WL- eAd Sfea71. i 0 era. thait. 3 . That the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties . S.Lam- i Qcc, -ilAw".470<h§): V-6 44-ic do 1 ,,;-, gonAt.—/-0.ait) - _a__:6(1,eity:. u 4 . That the variance will be in harmony with the spirit and purpose of the sign ordinance. 1- ---tAL S, 1,1- „Wel /62- l'44L-3.WA6 -1 .. )1,21)‘* 4) -7 "--_ skill,c-74-azdu diAdcz-- acd___ ,afeiLL-J&L} (7,t, _ 'el 0 Afi'rbtu-(6. ifek' a. PA' 41' G:\WPF\FJRMS\APPS\SIGN VAR.WPD PPPP . • Invoice Pape: 1 • SIGNS NOW Involve: 98 .1808 326 E. Northwest Hwy. Grapevineine,.TX 76051 ph. 817-416-0820 fax 617-424-0780 Description: 4X5 WOODEN SIGN Customer. LINDA DUDAS ph: (817)481-5143 SOUTHLAKE NEWCOMERS CLUB fax (317)438.9534 Sales Person: SIGNS NOW Product Font CAI Sides Height Width Install Unit Cost Item Total MD0.1/2 NonStan 1 2 4 5 30.00 3289.80 $269.80 Color BIEGE/GOLD on j.6REE 4 Description: Vinyled MDO-1/2. -SOUTHLAKE NEWCOMERS CLUB' Text — Payments Received (thank you) lbla 6mm+ot Emmetligtosl 08/05/98 3289.38 Check Numbe . 1355 • Total Payments: 3289.38 • Other Payments: Ordered: 8/5/98 4:28:18 PM Form or Payment / Amourd / Initials — Notes: Printed: 8/5/98 4:28:09 PM Status: WIP Line item Total: 3269.80 Subtotal: S269.10 Taxes: $19.56 Total: 3239.36 Total Payments: 3289.36 Balance Due: $0.00 Payment due upon completion of order. •ATTN: LINDA DUDAS SOUTHLAKE NEWCOMERS CLUB 904 HIDDEN MEADOWS CT. Received/Accepted By: Southlake,TX 76092 / I HIS BANNER�O�VER ME IS LOVEI ._. . . . . . • _. . _ • __. _ __ ___ _ ________________,H_______ _ .• __,./ev _._ _._ . ._ . _. .. . __ . . nivon-- - ,i .. .' _ ... . . . ,,e_zw ' / . , 0 • • -" --.- rrigh crow__ _ . .. . . . , . • .7fr 711-c---w ,---pr ?f r ,pv,57 ,....,p747fr . . 0 . . rii-.9 --nroWn'Pk4-625- C- 97 . .: . . .. 1971-2707 "71 r . / !I JIM.? • °its ': . . . . PrY .--1).W._ r-- : _ . . ryo-c - aip,f • , .• . . II . _. . . . . . . . . ... ... • • City of Southlake,Texas • MEMORANDUM October 1, 1998 To: Curtis E. Hawk, City Manager From: Ron Harper, Deputy Director of Public Works Subject: Award of Bid to Reynolds Asphalt and Construction for the Realignment of North Carroll Avenue at F.M. 1709 On September 1, 1998, City Council authorized staff to advertise for bids for the realignment of North Carroll Avenue at F.M. 1709. Bids were opened on September 30, 1998. Three bids were received for this project. The low bidder for the project is Reynolds Asphalt and Construction with a bid of$820,375.10. The engineer's opinion of probable cost was.$810,000 (a difference of 1.2%). The project will include the construction of a four-lane boulevard section, relocation of • water line, construction of underground drainage and relocation of the existing traffic signal at F.M. 1709. reco nds that this project be awarded to Reynolds Asphalt and Construction. RH/ts Attachment: Bid Tabulations • 51-1 • CHEATHAM AND III ASSOCIATES September 30, 1998 Mr. Robert Whitehead, P.E. Director of Public Works City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 RE: North Carroll Avenue Paving and Drainage Improvements Engineer's Job No. 001-232 Dear Mr. Whitehead: We have reviewed and checked each of the Bids received by the City this date and find them to be in order for the bidding process. • Three bids were received at the bid opening as summarized below: Order of Bid . Bidder and Location Total Amount Bid 1. Reynolds Asphalt and Construction Co. $820,375.10 Euless, Texas 2. Sutton and Associates, Inc. $847,751.06 Keller, Texas 3. Austin Bridge and Road Co. $913,622.50 Dallas, Texas We believe that the bids which were submitted have provided adequate competition in the bid process and further, we have determined that the firm which submitted the low bid, Reynolds Asphalt& Construction Co. of Euless,Texas is not only a reputable and capable firm, but has both the manpower and equipment ideally suited for this project. Accordingly, we recommend that the City award the contract for construction of the referenced project to the firm of Reynolds Asphalt and Construction Co. of Euless, Texas for the low bid amount of$820,375.10. • 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 0 Mr. Robert Whitehead,P.E. • September 30, 1998 City of Southlake Page 2 • For your convenience and use, we have also prepared a detailed tabulation of the bids, which has been included herewith. • We trust the above statements are self explanatory, however, should you require anything further from us, please do not hesitate to call. Respectfully submitted, . likood1/4ix j1/40‘....... Eddie Cheatham, P.E. Enclosures: Detailed Bid Tabulations F:\WORD\SOUTHLAK\232\Itr.Whitehead.award Itr.wpd S • • 5I-3Sti PAVING&DRAINAGE IMPROVEMENTS JOB NO. 001-232 CHEATHAM&ASSOCIATES BID TABULATION SHEET 1 OF 3 OWNER:CITY OF SOUTHLAKE Reynolds Asphalt&Const. Sutton&Assoc.,Inc. Austin Bridge&Road (Bidder Name) . P.O.Box 370 . P.O.Box 677 11143 Goodnight Ln. (Street Address) JOB TITLE:NORTH CARROLL AVE.PAVING& Euless,TX 76039 Keller,TX 76244 Dallas:TX 75229 (City.State,Zipcode) DRAINAGE IMPROVEMENTS PHONE: 817/267-3131 PHONE: 817/379-5577 PHONE: 9 7224 1-06 9 9 PHONE: PROJ.MGR:ED APEL FAX: 817267-1878 FAX: 817/379-6930 FAX: 9 7224 1-383 1 FAX: AMT.BID: $820,375.10 AMT.BID: $847,751.06 AMT.BID: $913,622.50 AMT.BID $0 00 BID DATE:SEPTEMBER 30,1998 JOB NO. 001-232 ITEM PLAN UNIT UNIT UNIT UNIT NO. ITEM DESCRIPTION UNIT QTY. PRICE COST PRICE COST PRICE COST PRICE COST UNIT I -SECTION A -PAVING 1 ROW PREPARATION L.S. 1 45550.00 $45,550.00 23000.00 $23,000.00 36000.00 $36,000.00 $0.00 2 STREET EXCAVATION C.Y. 12,672 8.95 $113,414.40 7.60 $96,307.20 7.00 $88,704.00 $0.00 3 CONST.8"CEMENT ROADWAY BASE S.Y. 11,580 2.00 $23,160.00 2.55 $29,529.00 1.50 $17,370.00 $0.00 4 CEMENT FOR STABILIZATION TONS 210 108.00 $22,680.00 105.00 $22,050.00 130.00 527,300.00 $0.00 5 REINF.CURB&GUTTER L.F. 4,800 9.20 $44,160.00 9.60 $46,080.00 14.00 $67,200.00 $0.00 6 4"HMAC BASE COURSE' S.Y. 11,580 5.00 $57,900.00 8.70 $100,746,00 8.00 $92,640.00 $0.00 7 3"THICK HMAC TYPE B BASE COURSE S.Y. 9,981 4.75 $47,409.75 6.80 $67,870.80 6.00 $59,886.00 $0.00 8 2"HMAC SURFACE COURSE S.Y. 9,981 3.40 $33,935.40 4.40 $43,916.40 5.00 $49,905.00 $0.00 9 HMAC B AT TRANSITION SECTIONS S.Y. 1,300 9.00 $11,700.00 11.00 $14,300.00 16.00 $20,800.00 $0.00 10 PRIME FOR CURING S.Y. 23,160 0.13 $3,010.80 0.10 $2,316.00 0.50 $11,580.00 $0.00 11 CONST.SAW CUT L.F. 40 2.50 $100.00 3.00 $120.00 2.00 $80.00 $0.00 12 6"3000 PSI CONCRETE S.F. 400 5.40 $2,160.00 5.20 $2,080.00 8.00 $3,200.00 $0.00 13 ADJUST WATER VALVE BOXES L.S. 1 5300.00 $5,300.00 500.00 $500.00 5000.00 $5,000.00 $0.00 14 ADJUST EXIST.SSMH COVERS L.S. 1 1850.00 $1,850.00 500.00 $500.00 800.00 $800.00 $0.00 15 PAVEMENT STRIPING,SIGNAGE,MARKINGS L.S. 1 20400.00 $20,400.00 24750.00 $24,750.00 10000.00 $10,000.00 $0.00 16 4"CONCRETE-ADA RAMPS EA. 6 550.00 $3,300.00 500.00 $3,000.00 1000.00 $6,000.00 $0.00 ( 17 HYDRO MULCHING L.S. 1 5400.00 $5,400.00 5500.00 $5,500.00 3500.00 $3,500.00 $0.00 L.0 18 EROSION CONTROL PLAN L.S. 1 12650.00 $12,650.00 $1,000.00 $1,000.00 $10,000.00 $10,000.00 $0.00 SUBTOTAL(ITEMS 1-18) $454,080.35 $483,565.40 $509,965.00 $0.00 UNIT 1 -SECTION B- DRAINAGE ' . 1 33"STORM DRAIN PIPE L.F. 42 56.70 $2,381.40 70.40 $2,956.80 75.00 $3,150.00 $0.00 , 2 27"STORM DRAIN PIPE L.F. 446 46.00 $20,516.00 53.90 $24,039.40 49.00 $21,854.00 $0.00 3 21"STORM DRAIN PIPE L.F. 900 40.50 • $36,450.00 45.10 $40,590.00 41.00 $36,900.00 $0.00 4 18"STORM DRAIN PIPE L.F. 415 37.50 $15,562.50 40.70 $16,890.50 39.00 $16,185.00 $0.00 5 CONST.REINF.CONCRETE COLLAR EA. 1 750.00 $750.00 275.00 $275.00 650.00 $650.00 $0.00 • 6 CONST.STAND.10' RECESSED CURB INLETS EA. 7 2100.00 $14,700.00 2530.00 $17,710.00 3100.00 $21,700.00 $0.00 7 CONST.STAND.4'SQ.REIN.MANHOLES EA. 4 2300.00 $9,200.00 2090.00 $8,360.00 2800.00 $11,200.00 $0.00 8 CONST.STAND.4' CONCRETE INLET EA. 1 2300.00 $2,300.00 1760.00 $1,760.00 2700.00 $2,700.00 $0.00 9 2'X 2'GRATE INLETS EA. 5 1500.00 $7,500.00 880.00 $4,400 00 3000.00 $15,000.00 $0.00 10 TRENCH SAFETY L.F. 1,803 $1.10 $1,983.30 $1.10 $1,983.30 - $1.00 $1,803.00 $0.00 SUBTOTAL (ITEMS 1-10)_ $111,343.20 _ $118,965.00 $131,142.00 $0.00 IIIIL III • . Ill. • PAVING &DRAINAGE IMPROVEMENTS JOB NO.001-232 CHEATHAM&ASSOCIATES BID TABULATION SHEET 2 OF 3 OWNER:CITY OF SOUTHLAKE Reynolds Asphalt&Const. Sutton&Assoc.,Inc. Austin Bridge&Road (Bidder Name) . P.O.Box 370 P.O.Box 677 11143 Goodnight Ln. (Street Address) JOB TITLE: NORTH CARROLL AVE.PAVING 8 Euless,TX 76039 Keller,TX 76244 Dallas,TX 75229 (City,State,Zipcode) DRAINAGE IMPROVEMENTS PHONE: 817267-3131 PHONE: 817/379-5577 PHONE: 972/241-0699 PHONE: PROJ.MGR:ED APEL FAX: 817267-1878 FAX: 817/379-6930 FAX: 9 7224 1-3 83 1 FAX: AMT.BID: 5820,375.10 AMT.BID: $847,751.06 AMT.BID: $913,622.50 AMT.BID $0.00 BID DATE:SEPTEMBER 30,1998 JOB NO. 001-232 ITEM PLAN UNIT UNIT UNIT UNIT NO. ITEM DESCRIPTION UNIT QTY. - PRICE COST PRICE COST PRICE COST PRICE COST UNIT 1 -SECTION C-WATER 1 8"DIA.WATER PIPE L.F. 1,195 24.75 $29,576.25 18.70 $22,346.50 18.50 $22,107.50 $0.00 2 6"DIA.WATER PIPE _ L.F. 40 24.00 $960.00 16.50 $660.00 34.00 $1,360.00 $0.00 3 6"DIA.GATE VALVES 8 BOXES EA. 4 560.00 $2,240.00 660.00 $2,640.00 610.00 $2,440.00 $0.00 4 CONST.STAND.FIRE HYDRANT EA. 4 2100.00 $8,400.00 1320.00 $5,280.00 2800.00 ' $11,200.00 $0.00 5 DUCTILE IRON FITTINGS FOR W.L. LBS. 1,654_ 0.80 $1,323.20 1.10 $1,819.40 2.00 $3,308.00 $0.00 6 CONST.CONNECT.TO EXIST.12"W.L. L.S. 1 3500.00 $3,500.00- 2090.00 $2,090.00 4000.00 $4,000.00 $0.00 7 CONST.6"ON 6"CONNECT.TO EXIST 6"W.L. L.S. 1 2900.00 $2,900.00 1100.00 $1,100.00 . 3000.00 $3,000.00 $0.00 . 8 CONNECTION OF EXIST SERVICE METERS EA. 6 480.00 $2,880.00 550.00 $3,300.00 1000.00 $6,000.00 $0.00 ' 9 1"SERVICE LINES L.F. 210 7.50 $1,575.00 4.40 $924.00 27.00 $5,670.00 $0.00 10 REMOVE EXIST.F.H.ASSEMBLY L.S. 1 800.00 $800.00 330.00 $330.00 1000.00 $1,000.00 $0.00 11 TRENCH SAFETY L.F. 1,235 0.10 $123.50 1.10 $1,358.50 1.00 $1,235.00 $0.00 SUBTOTAL(ITEMS 1-11) $54,277.95 $41,848.40 $61,320.50 $0.00 TOTAL AMT.OF UNIT I $619,701.50 $644,378.80 $702,427.60 $0.00 LL7 (SECTIONS A-C) . ( LO ilL 0 . . 1111 ID PAVING &DRAINAGE IMPROVEMENTS JOB NO.001-232 . CHEATHAM&ASSOCIATES BID TABULATION SHEET 3 OF 3 OWNER:CITY OF SOUTHLAKE Reynolds Asphalt&Const. Sutton&Assoc..Inc. Austin Bridge&Road (Bidder Name) • P.O.Box 370 P.O.Box 677 11143 Goodnight Ln. (Street Address) JOB TITLE:NORTH CARROLL AVE.PAVING& Euless,TX 76039 Keller,TX 76244 Dallas,TX 75229 (City,State,Zipcode) DRAINAGE IMPROVEMENTS PHONE: • 817267-3131 PHONE: 817/379-5577 PHONE: 972241-0699 PHONE: PROJ.MGR:ED APEL FAX: 817/267-1878 FAX: 817/379-6930 FAX• 972241-3831 FAX: AMT BID: I S820,375.10 AMT.BID: $847,751.06 AMT.BID: $913,622.50 AMT.BID $0.00 - BID DATE:SEPTEMBER 30,1998 JOB NO. 001-232 ITEM PLAN - UNIT UNIT UNIT UNIT NO. ITEM DESCRIPTION UNIT QTY. PRICE COST PRICE COST PRICE COST PRICE COST UNIT II 1 ROW PREPARATION L.S. 1 2650.00 $2,650.00 1000.00 $1,000.00 8000.00 $8,000.00 $0.00 2 STREET EXCAVATION C.Y. 400 10.00 $4,000.00 8.40 $3,360.00 7.00 $2,800.00 $0.00 3 CONST.SUBGRADE S.Y. 966 1.55 $1,497.30 2.00 $1,932.00 2.50 $2,415.00 $0.00 4 REINF.6"X 24"CURB&GUTTER L.F. 448 18.80 $8,422.40 9.60 $4,300.80 14.00 $6,272.00 $0.00 5 4"HMAC BINDER COURSE S.Y. 816 5.50 $4,488.00 8.70 $7,099.20 10.00 $8,160.00 $0.00 6 3"HMAC BASE COURSE S.Y. 966 4.50 $4,347.00 6.80 $6,568.80 7.50 ' $7,245.00 $0.00 7 2"HMAC SURFACE COURSE S.Y. 816 3.40 $2,774.40 4.46 $3,639.36 5.50 $4,488.00 $0.00 8 PRIME FOR CURING OF SUBGRADE S.Y. 1,932 0.15 $289.80 _ 0.10 $193.20 0.50 $966.00 $0.00 9 CONST.FULL DEPTH SAW CUT L.F. 500 1.80 $900.00 3.00 $1,500.00 2.00 $1,000.00 $0.00 10 ADJ.TO FINISH GRADE VALVE BOXES L.S. 1 2100.00 $2,100.00 500.00 $500.00 2600.00 $2,600.00 $0.00 11 ADJ.EXIST.SSMH L.S. 1 940.00 $940.00 500.00 $500.00 800.00 $800.00 $0.00 12 STRIPING AS DETAILED L.S. 1 11000.00 $11,000.00 11200.00 $11,200.00 6000.00 $6,000.00 $0.00 13 4"CONCRETE ADA RAMPS EA. 2 550.00 $1,100.00_ 500.00 $1,000.00 1000.00 $2,000.00 $0.00 14 REMOVE&REINSTALL EXIST.F.H. _ L.S. 1 1500.00 $1,500.00 1540.00 $1,540.00 2000.00 $2,000.00 $0.00 15 33"STORM DRAIN PIPE L.F. 315 60.00 $18,900.00 70.40 $22,176.00 75.00 $23,625.00 $0.00 16 CONST.STAND.10' RECESSED CURB INLETS EA. 2 2300.00 $4,600.00 2530.00 $5,060.00 3100.00 $6,200.00 $0.00 CO 17 CONST.STAND.4' CONCRETE MANHOLES EA. 1 . 2300.00 $2,300.00 2090.00 $2,090.00 • 2800.00 $2,800.00 $0.00 LI 18 10"PVC PIPE(12'-14')TRENCH L.F. 75 35.50 $2,662.50 $59.40 $4,455.00 $30.00 $2,250.00 $0.00 • 19 10"PVC PIPE(14'-16')TRENCH L.F. 100 41.00 $4,100.00 61.60 $6,160.00 31.00 $3,100.00 $0.00 20 10"PVC PIPE(16-18)TRENCH L.F. 130 45.00 $5,850.00 66.00 $8,580.00 32.00 $4,160.00 $0.00 21 4'SSMH _ EA. 3 1600.00 $4,800.00 2200.00 $6,600.00 2600.00 $7,800.00 $0.00 22 EXTRA DEPTI I OF SEWER MH _V F 27 135.00 $3,645 00 126.50 $3,415.50 160.00 $4,320.00 $0.00 23 CONST.8"PVC SS STUB-OUT L.F. 62 34.00 $2,108.00 44.00 $2,728.00 26.00 $1,612.00 $0.00 24 CONST.10"CORED SS CONNECT.TO EXIST.MH L.S. 1 1100.00 $1,100.00 1320.00 $1,320.00 200.00 $200.00 $0.00 25 EXCAVATE EXIST.10"SEWER L.F. 273 23.00 $6,279.00 15.40 $4,204.20 25.00 $6,825.00 $0.00 - 26_PROVIDE ITEMS RELATED TO TRAFFIC CONTROL_ L S. 1 94500.00 $94,500.00 90000.00 590,000.00 85000.00 • $85,000.00 $0.00 27 IIYI)RU-MULCIIINGOFAREAS ___ L.S. I 620.00 $620.00 1000.00 $1,000.00 375.00 $375.00 $0.00 28 EROSION CONTROL PLAN L S. 1 2450.00 $2,450.00 500.00 $500.00 7500.00 $7,500.00 $0.00 29 TRENCH SAFETY L.F. 682 1.10 $750.20 1.10 $750.20 1.00 $682.00 $0.00 UNIT II -TOTAL BID AMOUNT(NOS.1-29) $200,673.60 S203,372.26 $211,195.00 $0.00 GRAND TOTAL(UNITS 1&11) $820,375.10 $847,751.06 $913,622.50 $0.00 IL ill 41110 ID City of Southlake,Texas MEMORANDUM October 2, 1998 To: Curtis E. Hawk, City Manager From: Charlie Thomas, Deputy Director of Public Works Subject: Authorize the Mayor to enter into a professional services agreement with Cheatham and Associates for the engineering and design of North White Chapel Boulevard from the county line to Lake Grapevine • Background The construction plans for North White Chapel Boulevard from Dove Street to the Denton County line have previously been prepared and Tarrant County crews are currently reconstructing this section of North White Chapel Boulevard. The design and preparation of construction plans and specifications for the remainder of North White Chapel Boulevard from the county line to Lake Grapevine is the scope of this professional services agreement. The construction plans will include a pavement width for North White Chapel Boulevard of 22' except along the frontage of Bob Jones Park, where the pavement width will be 34' wide to accommodate a continuous left turn lane for access into the park. During the September 15, 1998 City Council meeting, the City Council directed staff to obtain additional Requests for Proposals (RFP) for these engineering services with a stipulation that the firm strive towards a more aggressive timeframe for completion. It is intended that construction be completed by the first of March, 1999 when the soccer season starts. The staff sent out these RFP's to three engineering firms. This section of North White Chapel Boulevard is very flat and experiences some drainage problems with stormwater runoff. The City staff is of the opinion that the recent engineering and surveying work done by Cheatham and Associates in Bob Jones Park and the 24" water line in North White Chapel Boulevard makes them the logical choice to prepare these plans. Additionally, their recent work should help them expedite the preparation of plans and also give them increased in-sight into the drainage needs in this area. 5J-1 ® Curtis E. Hawk Reconstruction of North White Chapel Boulevard September 30, 1998 Page Two Cheatham and Associates' proposal calls for bids to be awarded on December 22, 1998. We anticipate that the contractor will be required to complete the construction from the county line to just north of Bob Jones Road prior to March 1 and then to work on the section from Bob Jones Road to Lake Grapevine. The first section should be completed during January and February unless we have an unusually wet winter. This scheduling requirement will be explained by the engineer during the design and plan preparation. To ensure construction will be completed in our timeframe, the possibility will be explored to incorporate a monetary incentive for completion of the road construction along the park before March. Currently $340,000 is appropriated in the FY 1998-1999 CIP budget. The up-to-date estimate for construction is $360,000. The engineering fee for these services is $32,850. Therefore, the amount appropriated in the FY 1998-1999 CIP budget will be revised to $400,000, which will account for the engineering, construction and construction testing. • Recommendation It is recommended that the City Council authorize the Mayor to enter into a professional services agreement with Cheatham and Associates for the engineering, design and preparation of construction plans and specifications for the reconstruction of North White Chapel Boulevard from the county line to Lake Grapevine. Please place this item on the October 6, 1998 Regular City Council Agenda for City Council review and consideration. CT/ts Attachment: Professional Services Agreement • 5J-2 CHEATHAM AND • ASSOCIATES September 30, 1998 Mr. Robert Whitehead, P.E. Director of Public Works City of Southlake 667 N. Carroll Ave. Southlake.TX 76092 Re: Proposal for Providing Professional Services in Connection with the Design of Reconstruction of N. White Chapel from County Line to Lake Grapevine CONSULTANT'S UNDERSTANDING PROJECT DESCRIPTION The project includes reconstructing North White Chapel Boulevard from the Tarrant/Denton • County Line to Lake Grapevine. The limits are shown on the attached map. SCOPE OF WORK The consultant will be responsible for all planning, surveying, preliminary design, final design, cost estimates, preparation of contract documents, construction layout, engineering field modifications. and as-builts preparation. The improvements proposed for the aforementioned roadway includes but are not limited to horizontal alignment, vertical alignment, paving, drainage, and driveway approaches. The consultant will provide a complete set of plans and specifications conforming to City of Southlake, NCTCOG, and TxDOT specifications detailing the work to be performed on this project. The consultant will also provide to the City a complete set of plans and as-builts in .DWG format, capable of being accessed from an AutoCad® R13 system. This project must be complete by March 1999. In order to accomplish this completion date, the consultant must be willing to design this project on a fast-track time line. Consideration may be given to the consultant who proposes to effectively design the project in the shortest amount of time. Furthermore, the consultant must design the project in such a manner to expedite the construction process and provide to the City the methods incorporated in the design as well as direction to the contractor to accomplish this requirement. PROPOSED PROCEDURES It is very important to the City of Southlake that the reconstruction of North White Chapel be completed by March 1999. This is especially true of the section of roadway in front of Bob Jones Park. The soccer fields in the park are scheduled to open in March, therefore it is very important that the street construction is completed by then. • 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 • Mr. Robert Whitehead, P.E. September 30, 1998 City of Southlake Page 2 The procedures to be followed to assure that the work is complete by March 1999 are as follows: Field Work: Our survey crew would be assigned the task of surveying the proposed roadway, some of which has been done previously in conjunction with design work which we performed for Bob Jones Park, the 24" transmission water line, and the existing 12" PVC water line. The field work would include the flow line of existing ditches, and culverts, location of trees. mail boxes, power poles and fences. Plotting of Field Data: The field data would be brought into the office and loaded into our computer system. A cad technician would translate the data into the design file for the project engineer to use for the street construction plans. Preliminary Design: The project engineer would then lay out a preliminary horizontal and vertical design to best fit the topographic features of the proposed street. This design would be reviewed with the city staff for their concurrence. • Drainage Analysis: Many of the existing streets and roadways in Southlake have failed due to improper drainage facilities. The proposed street section consists of approximately 24 feet of BMA C with barrow ditches on each side. Any existing culverts will be analyzed to determine if they are adequate. Generally, most culverts which cross the roads in Southlake do not have adequate capacity. However, an analysis of downstream impact must be considered prior to enlarging existing culverts. Generally, in many instances, there is not adequate existing right-of-way to construct ditches which have adequate capacity, and are a safe distance from the edge of pavement, and also do not require a considerable amount of trees to be cleared. Therefore, a certain amount of engineering judgement and decision making goes into deciding the best roadway ditches to handle storm water and,protect the street subgrade. Trees: All efforts will be made to protect any trees which can be saved. In many instances on past projects, the roadway alignments were modified to avoid as many conflicts as possible with specimen trees. Once the preliminary alignment is set, we will visit with the city staff to review the need to remove any trees. • 5J-4 PP • Mr. Robert \`zitehead. P.E. September 30, 1998 City of Southlake Page 3 Soil Testing: It is recommended that a soils engineering firm be employed by the city to make recommendations for the type of subgrade stabilization material, and the amount needed to assure an adequate subgrade for the proposed streets. Final Design: Once the issues involving drainage. trees, utility conflicts and right-of-way are resolved. we will complete the construction plans and submit the plans to the city for review. While this review is taking place. we will complete the contract documents and bid proposal. Construction Phase: Once the project is advertised, and bids are awarded, the contractor will be instructed to begin work. The contract documents will indicate the March 1, 1999 deadline for completing the project. It is recommended that the contract be structured such that the contractor bids the project on a cost basis as well as calendar days for completion. Thus it might be advantageous to award the contract to the contractor with the best completion date, even if that contractor is not the low bidder. It is recommended that the bid proposal be structured in this manner, and the contractors be made aware of this • provision. We will be available, as we are in other projects, to assist the city inspector during construction with regards to plan interpretation and questions about the intended design of the project. We have always made a special effort to respond very promptly when a question arises and thus not delay the contractor's progress. SCOPE OF SERVICES 1.0 Surveying 1.1 Our firm will furnish all necessary surveying field and office work necessary to perform the engineering design and to prepare construction plans. 1.2 We will also furnish all construction staking. 1.3 Surveying for easement preparation, if required, will also be furnished. (See Item 3.2) 2.0 Engineering 2.1 Our firm will furnish all necessary technical expertise required to accomplish the engineering design of the street. The design will be in accordance with applicable state and local regulations. lip 2.2 Our firm will then prepare construction plans, specifications and contract documents based on the engineering design. 5J-5 rPi • Mr. Robert Whitehead. P.E. September 30, 1998 City of Southlake Page 4 2.3 We will assist in the advertising for and taking of construction bids. We will issue any required addendums. Our firm will assist in the processing of contract documents after contract award and will issue notice-to-proceed. 2.4 Periodic on-site visits by an engineer will take place during construction. We will issue and process any required change orders. 2.5 We will provide assistance in conducting, the final inspection and issuance of certificate of completion. 3.0 Inspection 3.1 We will not furnish full-time on-site construction inspection, but will make periodic visits to the site, and will be available for plan interpretations. PROPOSED TIME SCHEDULE We realize that this project must be a fast tract project, and there is very little slack in a schedule which results in a March 1, 1999 project completion. We feel that we can deliver the project on time based upon the following schedule: Award of Engineering Contract October 6, 1998 0 Field Work Completed by October 19, 1998 Process Field Data by October 27, 1998 Preliminary Design by November 13, 1998 Final Design by November 27, 1998 Advertise for Bids Nov. 29 & Dec. 6, 1998 Open Bids on December 16, 1998 Award Bids on December 22, 1998 Begin Construction by . January 4, 1999 Complete Construction by March 1, 1999 This schedule will allow for the project to be completed by March 1, 1999. It is subject to the contractor being able to work during January and February and not have many missed working days due to bad weather. As mentioned in a previous section of this proposal, we recommend that the contractors bid the time of completion, as well as the price for consideration in the award for bids. There are several additional things which might be incorporated into the design of the street to assist in a shorter completion time for construction. One item would be to use the soil treatment EN-1 in lieu of cement or lime. The EN-1 material mixes into the soil and sets up very quickly, which would allow pavement to be placed sooner. Secondly, the project could be divided into two sections. Section One would be from the County Line and extend past Bob Jones Park. Section Two would extend to the north end of W. Chapel. 0 The section of roadway in front of the park could be constructed considerably sooner than the remainder of the street. There are very few obstacles in the way to deal with, and the contractor could finish this section before starting to pave the remainder of W. Chapel. 5J-6' Mr. Robert Whitehead, P.E. September 30, 1998 City of Southlake Page 5 FEES We will provide all the services and products described in the scope of services including. all services necessary for engineering, surveying, engineering, preparation of construction plans and specifications, preparation of construction cost estimates, contract administration, construction staking and periodic visits during construction, and as-built plans for a flat feAof$25,350.00 for engineering and $7,500.00 for surveying, including design surveys and construction staking-. (See attachment "A"" for cost breakdown.) TERMS Invoicing will be based on percentage of completion. Billing will normally occur around the first of each month and payment expected within ten working days. GUARANTEE Cheatham & Associates guarantee to maintain the fees presented herein for 90 days from the date of this proposal unchanged. If the above meets with your approval, this proposal can also serve as our agreement, which you may indicate by signing in the space provided below. Please do not hesitate to call should you have any questions or requested modifications of the proposal. The opportunity to be of service to you and the City of Southlake is greatly appreciated. Respectfully, Eddie Cheatham, P.E. F WORD`PROPOSAL'•SOUTHL.AK White Chapel Reconst Attachment AUTHORIZATION TO PROCEED: Accepted this day of , 1998 Bv: Title: 411 5J-7 ATTACHMENT "A" ENGINEERING/SURVEYING FEE CALCULATION: PRELIMNARY DESIGN PHASE: Field Crew $ 75.00 x 60 hrs $ 4,500.00' Staff Engineer $ 75.00 x 55 hrs $ 4,125.00 Cad Technician $ 55.00 x 70 hrs $ 3.850.00 SUB-TOTAL $ 12.475.00 FINAL DESIGN PHASE: Staff Engineer $ 75.00 x 120 hrs $ 9,000.00 Cad Technician $ 55.00 x 95 hrs $ 5,225.00 SUB-TOTAL $ 14,225.00 CONSTRUCTION PHASE: Field Crew $ 75.00 x 40 hrs S 3,000.00 Staff Engineer $ 75.00 x 42 hrs $ 3,150.00 SUB-TOTAL . . . . . . . . . $ 6,150.00 TOTAL SURVEYING $ 7,500.00 TOTAL ENGINEERING $ 25,350.00 TOTAL FEE S 32,850.00 5J-8 • Exhibit 1 , . Reconstruction of N . White Chapel Blvd. 1 4 . - , ___Ir • :,--, ' : -----:i ,-- -----, ,i . • ` . I —, --i----' '<,' . • ' ' , • • -..... . ! , , 1 1.,,--„___ . . , . II _ ; , : , , , , ii-Nx/----- ,, ., , , , l -, , • Hi ,-- i , ; ,.,-.-! i 1 1 iH H 1 H• 1 1 i 1 . 1...,- ..c I ! , . i 1 . 7; •L__. '' '''' , , • 'Ci .--, .---------. .C.er:ton Co. . . .. .:-------- ,----- • -1-1, 74 Co/arrant >_, :----1- ' •,=,- : : .s-- ..... 4-___,;,..,:' z. \ -41 , kek-k ------ i : •----=\ i II I , : •-• 1,,,........,_...„ . ''.N.,- --; .-. ---! ' ' . • . „___-_,,.."-_,--z,.-_-.-=,-._._,-_= --.---„,,_ --_-7--e,,.52.-\ ' • , , I ------)--.,- - 1=tz.---=: ,___„-- ,,,,,,,.,->_,,--=-=s-- •..„-= ---:/--- Z.Zs?\ 1"-f------_-,r-='c, .. '7•- ------7---- • \ H , : : i H2._,•-7,=:__4....4 .:!-L.-- • ' ' ' --1-'-- ; I r"-}-7:=1 • --; I ; ‘-- : 1 t . , I r----7 t\ I---- I Frir1- 1 , , •-,, , ! . , . , . 11 , I iliNWILI • ‘ •" m * Hill; '' 1,-L-117-1:. • Cove Rd L. .: I, i•' r.•. !—'_--.-',--- ;:, l:1.i!-.-*••;,11 'r1---- ..4.. . ,--- 5J-9 . .,. pr_____ City of Southlake, Texas MEMORANDUM October 2, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works Z1-'" SUBJECT: Award of bid to Saber Development Corporation for the extension of sanitary sewer to the Sabre Building in the MTP-IBM Addition No. 1 Background In 1988, the City of Southlake entered into an interlocal agreement with Trophy Club Municipal Utility District No. 1 (TCMUD 1) to provide water and sewer service to the portion of Solana built within Southlake. This agreement was made with the understanding that eventually City water and sewer service would be extended to the complex. There was no specific timeline for the provision of this service by the City. With the installation of a 12-inch water line within the Kirkwood Addition and the completion of the N-1 sewer line and TRA lift station, the City now has the ability to provide these services to that.facility. With the connection of sanitary sewer the City can 0 begin water and sewer service to the facility at the same time and prevent any confusion for Trophy Club MUD on billing a single service. This will also benefit Maguire unit. Partners as the Trophy Club MUD is charging them twice the rate of a residential Low bidder for this project is Saber Development Corporation with a bid of$21,700. Bid advertisement was published September 13 and 20, 1998. Bids were publicly opened and read aloud on September 30, 1998. Funding/Fiscal Impact The estimated cost for the sewer connection is approximately $20,000. The low bid for this project is $1,700 above the estimated amount. Funding is provided for this project from the wastewater utility fund. Recommendation Staff recommends Council award the contract for the extension of sanitary sewer to the existing building on Kirkwood Boulevard, north of S.H. 114 to Saber Development Corporation in the amount of $21,700. Please place this item on the October 6, 1998 Regular City Council Agenda for City Council review and consideration. 0 BW/cre Attachment: Bid Tabulation 5K-1 • e . 1 SANITARY SEWER IMPROVEMENTS PROJECT NO. 98-2016 CITY OF SOUTHLAKE BID TABULATION SHEET 1 OF 1 OWNER: CITY OF SOUTHLAKE SABER DEVELOPMENT BIL-MIK CORPORATION INCORPORATED JOB TITLE: SANITARY SEWER CONNECTION to SOLONA PO BOX 540186 OFFICE COMPLEX DALLAS, TX 75354 PHONE: 972/438-3405 FAX: PROJ.MGR: SHAWN POE BID DATE: SEPTEMBER 30,1998 JOB NO. 98-2016 ITEM PLAN UNIT UNIT UNIT NO. ITEM DESCRIPTION UNIT QTY. PRICE COST PRICE COST PRICE COST 1 FURNISH&INSTALL 12"SANITARY SEWER PIPE L.F. 46 325.00 $14,950.00 325.00 $14,950.00 2 FURNISH&INSTALL 4'STD.DROP MANHOLE EA. 1 2000.00 $2,000.00 3500.00 $3,500.00 3 CONSTRUCT EXTRA DEPTH FOR 4'DIA.MANHOLE V.F. 14 150.00 $2,100.00 250.00 $3,500.00 4 CONNECT TO EXISTING SEWER LINE EA. 1 900.00 $900.00 2500.00 $2,500.00 01 5 PLUG&GROUT EXISTING 10"SANITARY SEWER EA. 1 200.00 $200.00 1000.00 $1,000.00 I 6 TRENCH SAFETY LF. 46 25.00 $1,150.00 50.00 $2,300.00 Iv 7 EROSION CONTROL LS 1 400.00 $400.00 2500.00 $2,500.00 GRAND TOTAL BASE BID $21,700.00 $30,250.00 City of South lake,Texas • MEMORANDUM October 2, 1998 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Interim Director of Parks and Recreation SUBJECT: Ordinance No. 723, Ist reading, amending Chapter 2, Article V, Section 2- 216 throught 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. • • 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. Staff requests you place this ordinance on the October 6, 1998 City Council agenda for their consideration. Please contact Community Services Coordinator Courtney Queen if you have further questions. KH/cq Attachment: Ordinance No. 723 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 Advisory Action Commission is herein created, to generate broad-base public awareness of and support for youth. The Commission, under the direction of the Mayor 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 - 1 - 2 V . 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. (Ord. No. 610, § I, 6-21-94) SEC. 2-217. Projects for discussion; use by council. The Maya; 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) Ill SEC. 2-219. Composition; terms. The Youth Advisory Action Commission shall consist of three (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, an individual school committee (chartered by the school principal) will recommend to the Council, representatives from their school. These representatives will form a diverse group, and selection will be based upon the Committee's knowledge of the student as well as the student's willingness to serve. In addition, the Mayor shall appoint two (2) "At Large" representative& whe--ar€ high school or middle school, students a$d 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 fi^^, one ( to three (3) ye rs nn the Commissio depending upon on annual review by their school committee. 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 - 2 - CI - _ J 1 SEC. 2-220. Appointment of officers; Records of meetings. S A-Chair shall be appointed by the City Council from the membership for a one year her-m. The Commission shall also have a Vice Chair and Secretary elected by its members for a one year term. 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) S SEC. 2-222. Removal of members. 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 Mayor City Manage r or the Commission. (Ord. No. 610, § VIII, 6-21-94) SECS. 2-224--2-240. Reserved. S - 3 - SECTION,2. CUMULATIVE CLAUSE IIIThis ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 3. 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. ill -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: EFFECTIVE: - 5 - 2t (� City of Southlake,Texas MEMORANDUM . .° October 1, 1998 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Interim Director of Parks and Recreation SUBJECT: Award of bid to McWilliams Enterprises, Inc. for Bid Package #3 (facilities) for Bicentennial Park Expansion Phase II On Monday, September 14, 1998, bids were opened for construction of the tennis pro shop and restroom/storage facility for Bicentennial Park Expansion Phase II. McWilliams Enterprises, Inc submitted the low bid of $443,259. The bid tabulation sheet is attached and shows the cost associated with the tennis pro shop, the restroom facility, and the profit/overhead. Although the bid amount for the two facilities is higher than originally budgeted by SPDC, this can be attributed to the increased size of the tennis pro shop. The pro shop was originally budgeted at $290,750. Based on the original size of 1,500 square feet, this results in a cost per square foot of $194/sf. Through various meetings with the tennis association and others, the • size of the pro shop was increased to the current design of 2,488 sf. The bid amount (base bid + pro-rated share of overhead/profit) results in a cost of $384,507, or $154/sf for the tennis pro shop. Since there was some uncertainty as to how the bids would turn out, and in an attempt to provide options to stay within budget, MESA Design Group included Alternate #1 (deletion of the restroom building) in the bid specifications. Since the restroom facility was below budget, award of the bid for the two facilities will result in the total cost being $32,509 above the total budgeted amount. Staff does not recommend accepting Alternate #1, and recommends award of the bid for Bid Package #3 to McWilliams Enterprises, Inc. in the amount of $443,259 for construction of the tennis pro shop and restroom/storage facility. SPDC approved the award of bid to McWilliams Enterprises, Inc. at its September 28, 1998 meeting. Staff requests you place this item on the October 6, 1998 City Council agenda for their consideration. Please contact Park Planning and Construction Superintendent Ben Henry or me if you have any further questions. //e--- KH Attachment: Bid tabulation sheet 0 5M - 1 • • • TABULATION OF BASE BID ITEMS SHEET 1 OF 1 BASE BIDS 1 Bicentennial Park,Phase II McWilliams Enterprises, Inc. Inform Construction, Inc. Pittman Construction, Inc. Ed.A.Wilson,Inc. City of Southlake Bid Date: September 14,1998 2 Bid Item#1 -One(1)Tennis Proshop building complete per plans and specifications. $303,459.00 $279,000.00 $472,262.00 $473,000.00 3 Bid Item#2-One(1)Restroom building complete per plans and specifications. $46,368.00 $81,000.00 $152,500.00 $100,000.00 4 Total General Conditions, Profit/Overhead and Bonding $93,432.00 $98,000.00 N/A $104,500.00 Total Bid Package#3-Facilities $443,259.00 $458,000.00 $624,762.00 $677,500.00 A 'v- .A. KEd`>: fi' f �ry;,�yY,ems'! xt+gYy,;};,p;�,t "">.i,w. - „ n6. nx .. l `. ^yi�-'..'f"�f"�d6.� �4f �<.Yr ��riT�"��i-t.::Rf'rL"..w��!}. ��-"�._,}�`��.i.. dCi. �T^ e .. 5 Alternate Item#1 Deduct one(1)restroom building complete per plans and specifications. ($46,368.00) ($89,000.00) ($143,700.00) ($110,000.00) 1 • Al Bicentennial Bid List-Construction-Bid 4.xls • 9/18/98 City of Southlake,Texas MEMORANDUM SOctober 1 1998 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Interim Director of Parks and Recreation SUBJECT: Approve the revised Parks and Recreation Department Donation Policy, providing for the donation of trees as a memorial Park Board member Sherry Berman brought the idea of a memorial tree program forward at the August Board meeting. The concept of this idea is to allow individuals, businesses or organizations to donate trees to be planted in City parks as a memorial to a loved one. In reviewing the existing Donation policy, staff felt it would be appropriate to incorporate such a program under this policy, with some minor additions. The Park Board recommended approval of the revised policy at its September 14, 1998 meeting. A "redline/strikeout" copy of the revised policy is included in your packet. Deletions are shown as strikeout, and additions are shown as highlighted. Note that staff review and approval of plant location and species is stipulated in paragraph VIII. SStaff requests you place this item on the October 6, 1998 City Council agenda for their review and consideration. Please contact me if you have nay further questions. e KH Attachment: Revised Parks and Recreation Department Donation Policy _ _ _ S 5N - 1 Parks and Recreation Department • Policies and Procedures Manual Policy: Donation Policy Source: City Council Category: Administrative Effective Date: May 9, 1994 Revised Date: Statement of Purpose The purpose of this policy is to provide a consistent policy ind-anee for the consideration of donations to the Southlake Parks and Recreation Department. effective immediately. Procedure I. Any one Individuals, businesses;;or organizations considering making a donation to the IIICity of Southlake Parks and Recreation Department should submit a proposal in writing to the Parks and Recreation Director. . II. The proposal should include a complete description of the donation, and, to the extent applicable, pictures and/or detailed drawings, preferred location of the donation, value of donation and any stipulations that might may go along with the donation. , III. The Parks and Recreation Director will review the proposal and make any comments/recommendations deemed necessary. The Parks and Recreation Director may: a. accept donations of living plant material, including trees donated as a memorial, without approval of the Southlake Parks and Recreation Board and may place the items where deemed appropriate and/or; b. accept sash items valued up to $100 in-3,4146. IV. The Parks and Recreation Director will forward all other donation proposals along with comments/recommendations to the Southlake Parks and Recreation Board for their consideration at the next regular meeting. 0 1:\parkrec\referenc\manual\policies\donation-strikeout.doc October 1, 1998 II.a.,Donation Policy,Page 1 of 3 5N -a V. The Parks and Recreation Board will consider the proposed donation and make its S comments/recommendations. At the Board's discretion, donations may be forwarded to the City Council for final approval. VI. The City of Southlake reserves the right to accept or reject any item submitted for approval. VII. The potential donor reserves the right to withdraw the proposed item at any time during the approval process. - - VIII. All item(s) will be considered for acceptance on an item by item basis. Living°plant material,` ,including =:trees}don_ated as a memorial' will- b. subject=to staff'review, for ••:'t:_.�':7, .�Su. i:�� .4.-.- `+1^:1:5, x%�Vs:it rf.n-k.:=-'.�^ :�.�N..�,,.✓.�.":-:�ti?;:p �-.:"3.sv:r.A `c•` _,.� .?'i.��i:..ra;,v�:s - ti:�;:ns.<.r� a:-,...,.x,y:^�:�zr . •' v;. ' `:�'^'4` :r:4..da k....- °'.x� :.5.... '�'=:'i.'y.. ,y_ <.sue.. _.s-:°:,., a a^�'__-_: suitabili t of<location;�a " ecies. Staff.a� roval:=shoouldE.be"'obtained;:= rior;:to'an ; - - �,�: :s-; �_.Frr 1.i: ,.PP...�,�,awy=. -: •i- ..s-,eW.,...: P�,�,., .w.. ,.,..,..•�MY `u chasexof living' i14nt}material-tl at is intended:for'donation. IX. A permanent location may be designated in each park site where donations will be recognized with the item donated, the name of the donor and the date of the donation. Press releases may be issued immediately following the acceptance of the donation and issued to area newspapers. X. All accepted donations to the City of Southlake will become the property of the City of Southlake and will be used at the discretion of the City. III _ . S1:\parkrec\referenc\manual\policies\donation-strikeout.doc October 1, 1998 11.a.,Donation Policy,Page 2 of 3 5N1 -3 City of Southlake Parks and Recreation Department • Donation Form Proposed Donation: Donor(s): Proposed Donation Description: (Please incude a complete description of the proposed donation and,to the extent applicable,pictures and/or detailed drawings. Attach additional pages as necessary). • Estimated Value: Preferred Stipulations: Location: • For Office Use Only: Park Department ActionApprove Demed — 2:170A Park Board Recommendation Action: Approve Denied City Council Council Action: Approve Denied N/A Comments: • 1:\parkrec\referenc\manual\policies\donation-strikeout.doc Donation Policy,Page 3 of 3 October 1, 1998 N- 4- City of Southlake,Texas MEMORANDUM October 1, 1998 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Interim Director of Parks and Recreation SUBJECT: Approve the Park Board recommendation to name Bicentennial Park loop road "Bicentennial Drive" As we begin construction on Bicentennial Park Expansion Phase II, which will include additional park facilities, we need to consider naming the loop road in order to properly address those facilities. Since the facilities will be located some distance from North White Chapel, an address with this street name will be confusing to Department of Public Safety personnel who may have to respond to an emergency. Therefore, by naming the loop road, we can create street addresses that provide a better location description to emergency personnel, as well as the public at large. At its September 14, 1998 meeting, the Park Board recommended naming the loop road "Bicentennial Drive." This name will serve to instantly associate the facility location with the • park itself. A drawing showing the ultimate alignment of the road is attached. This loop road will eventually be the only drive in Bicentennial Park since the White Chapel driveway will go away with future park development in that area. Staff requests you place this item on the October 6, 1998 City Council agenda for their consideration. Please contact me or Park Planning and Construction Superintendent Ben Henry if you have any further questions. 4e. KH Attachment: Master planned alignment of access loop through Bicentennial Park 50 - 1 • V BALL FIELD. \ - - I 4 rs, . . • 1 k ::4,, . I \ PLAYCROUN r lia �~� `� ' �. . I fa .� 1'll � + TCCT LOT 1. I )) " 60 - =•~�c� �' BALL BALL FIELD I CO FIELD , 4 41.1 it 4 0.;--t-ri„... i=g_.,—, . . ,..-4411 k I:- _ C . // .� .� .. ��'� �,� A ir .,,,..^ r _I "PdA5E. IIII . .�� ._• is ..l •• ; ' • G—..3 C—� 7 �w4 -- .Ex U s-r!Jq '- ; ; :lel !,7 , i �., lei. �+. i• . - ,„ on r►n• K EtALL coU . ► /0 J 43 w i I .c.� � Jai. t•. J`{' •. RELOCATE 1 4 1 1 ' �j `w_ �qii Era I SAND VOI BALL COL I ‘ % 11;44') .*: : . ":' Vo g .....„ E • . .��.:.;; j U R Q S T t� \\ \` Ef El {� :) :`.0:'.'1 / IN"'LINE HOCKEY 3n V+ M V1/4) .7).•\ I AlCQIUIS IT1011to . i N - ----- _................ :'•._ ``\I `:: ;-- -TENNIS COURTS --- FIELDS +< �: _',-- ..&:;'... _ ... .L......._ 1 1 1. - 1 1S`r2 ED )MMERCIAL/RETA1L 1 ; : - ,�►LI«I MEA14750'LANDSCAPE t • �� I (./:. BUFFER }. C 4•.i. �,;x; SOU, . .,. .1 =:_ :� F M 1709 ::.:�;. City of Southlake,Texas MEMORANDUM October 2, 1998 TO: Curtis E. Hawk, City Manager FROM: Courtney Queen, Community Services Coordinator SUBJECT: Approval of FY 1998-99 Scope of Services Agreement with G.R.A.C.E. The Fiscal Year 1998-99 Annual Budget allocated $7,500 for GRACE in exchange for the provision of services by that organization. This scope of services agreement outlines those services which will be provided to the citizens of Southlake by GRACE. The term of the agreement is for one year commencing October 1, 1998. The agreement is the same as the previous year's agreement. There were no changes to the agreement including the amount budgeted. Please place this item on the October 6, 1998 City Council agenda for their consideration. Tricia Wood, Executive Director, will be available at the City Council work session to provide any additional information. I will also be available to contact for additional information or questions. CQ Attachment: Scope of Services Agreement—GRACE Additional Information • 5R- ) • 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 GRACE (Grapevine Relief and Community Exchange), a nonprofit "relief' center operating in the Grapevine-Southlake-Colleyville area as an organization described in section 501(c)3 of the 0 Internal Revenue Code, acting by and through its duly authorized Executive Director (hereinafter referred to as GRACE). WHEREAS, the purpose of GRACE is to centralize resources and to provide food, clothing, referral, and available financial assistance to the needy of the Grapevine-Southlake- Colleyville area, and others as referred by GRACE members; and WHEREAS, City and GRACE desire to enter into an Agreement whereby GRACE will provide"relief' services to the needy of the Southlake community and others as referred by City; NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That City and GRACE do hereby covenant and agree as follows: ill A:\GRACE-98.DOC 5?-2 • • SECTION 1 SCOPE OF SERVICES The scope of Service shall include: 1. Short term emergency assistance for food and clothing needs. 2. Administration of direct aid as funding allows (assistance with utilities, rent, medicine, gasoline, and other vital necessities). 3. Referrals to area agencies and organizations. 4. Distribution of furniture or other donated resources intended for emergency purposes as available. 5. Cooperation with local organizations to render additional aid in certain instances as this assistance is available, through either designated funding or seasonal programs. 6. Case management for repeated or extended emergency assistance. 7. Supplemental food commodities distribution for households on a low or fixed • income. 8. Transitional housing for homeless families. 9. Housing repair and construction through GRACE Habitat. 10. Low cost shopping at GRACEFUL BUYS Resale. SECTION 2 GRACE'S OPERATIONS 1. Hours of Operations shall be solely defined by GRACE. 2. The City shall have the right to review the books and records kept incident to the services provided by GRACE to the City. •A:\%GRACE_98.D0009/30/98 6?-3 • SECTION 3 PAYMENT FOR SERVICES City agrees to pay to GRACE the sum of Seven Thousand Five Hundred ($7,500) Dollars in payment for services described in Section 1 hereinabove. • 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. IN WITNESS WHEREOF the City and GRACE have executed this agreement as of this day of , 1998. Approved as to legal form and adequacy: Attorney at Law Mayor, City of Southlake Executive Director, GRACE • A:\GRACE-98.DOC 09/30/98 • • GRACE GRACE 602 Shady Brook Dr. rcti Grapevine,TX 76051 P. O.Box 412 Grapevine,TX Serving Grapeviin Ca►kyvi714 end • ,Srv»hlalrr October 1, 1998 - • Mr. Curtis E.Hawk, City Manager City of Southlake 1725 E. Southlake Blvd. Southlake,TX 76092 Dear Mr. Hawk: We appreciate the opportunity to review and make any necessary changes to the scope of services agreement with the City of Southlake. We are not recommending any changes to the document,but would like to make you aware of the increased level of service that GRACE is providing in 1998,over what we did in 1994 when we first contracted with you for the sum of$5000, and even since 1995,when • you increased the amount for services to$7500. GRACE records the number of times and ways that we help people,and we rely on the communities we serve to help support our efforts. That is why we so greatly appreciate the support of each of the city governments, in setting a leadership example and helping us to provide vital services to area residents. GRACE helped an average of 586 Southlake residents per year from 1995-1998. Help may consist of a one-time visit for special assistance or a more intense effort to help a family regain self-sufficiency. Year- to-date in 1998, GRACE has helped 444 Southlake residents,as well as 146 people who were transients in our communities,and 147 who were homeless. Over the years, our growth trend has been to help people in increasingly significant ways, in a more intentional effort to develop self-sufficiency. GRACE now has a service budget that includes$35,000 for utility payments, $36,000 for rental assistance and$55,000 for transitional housing. In addition,our direct-aid for transportation, medical needs, child care and education totals$28,000. We have increased the number of staff members at GRACE to include four who are trained in social work and ministry, and specifically focus on meeting immediate as well as long-term needs. We are also trying to help identify and address some of the causes for need in our area,such as limited affordable housing and transportation. As the population increases because of the desirability of living in our towns,we try to remain responsive to the unique needs of various groups,such as the growing number of Senior citizens, those who speak limited English,or those trying to cope with mental health problems. GRACE is very grateful for the wide-spread support from the community at large. The basics,such as food and clothing, and even Christmas gifts and furniture,are usually donated in abundance when we communicate the needs. However, raising the amount of funding to effectively provide for the needs of • our clients, now and in the future, presents a bigger challenge. Giving as we have received...to help people in need. fax(817)488-2181 5P 5 telex grace@gte.net phone(817)488-7009 City of Southlake, page 2 Oct. 1, 1998 • That is why we are asking each of the cities served by GRACE to consider the numbers and the types of services we offer,and to help us to grow in proportion to the growth in population and need represented by your city. Some benchmarks for city giving that we suggest are 1)funding from each City in an amount based on your percentage of residents served in relation to the GRACE annual budget or 2) funding from each City in the amount of$.50 per resident per year. You will find our annual budget and year-to-date statistics enclosed,with a work sheet that tallies each of these possibilities. I realize that you are already involved in budget work.sessions for this year,and may not have the flexiblity to change the amount allocated for GRACE. However,I would greatly appreciate your consideration of a growth approach in your future support,so that GRACE can keep pace with the growth of our area and the corresponding needs. If you have questions or comments,I would be very interested in your input. Your involvement in our services does mean a great deal to quality of life for our community,and everyone who is part of the GRACE effort is very appreciative! Beyond those who receive services at GRACE,there are countless others who benefit from being involved in giving to those in need and • coming to the realization that we may all need the help of another at some time. With sincere appreciation, Tricia Wood Executive Director • • - _ City of Southlake, page 3 Oct. 1, 1998 411 REQUEST FOR CITY SUPPORT FOR GRACE GRACE serves residents of Grapevine, Colleyville and Southlake and others referred by supporting member churches and organizations. Help includes vital necessities such as food, clothing, and financial assistance(for transportation, medical, utility and rent needs, etc). Longer term needs for housing and life skills are addressed with clients on a visit by visit basis at GRACE. Ongoing programs of supplemental food and supplies, as well special seasonal programs are offered for specific groups of clients. GRACE targets chronic needs and unmet needs for expanded services in the future, and is currently addressing better ways to help with transportation,childcare, counseling, housing, and services of benefit to Seniors. Volunteers and donations of money, goods and services provided by individual and group efforts contribute to carrying out the day-to-day mission of GRACE. OPTION 1 CITY SUPPORT BASED ON NO.OF RESIDENTS SERVED IN RELATION TO 1998-99 GRACE ANNUAL BUDGET 110 Southlake Residents Served at GRACE from 1/1/97-12/31/97: 471 Total number of Clients Served at GRACE from 1/1/97-12/31/97: 10,021 4.7% of GRACE Budget of$555,400 for 1998-1999: $26,103 OPTION 2 CITY SUPPORT BASED ON FEE PER PERSON Approximate 1998 Population of City of Southlake: 19,000 Total based on$.50 per person: $9,500 Attachments: 1998-99 GRACE Budget GRACE Assistance Statistics,year-end 1997 r 52-1 • GRACE BUDGET 1998-1999 - 0 1998 Forecast 1999 Budget REVENUE Resale Profit 886,557 Resale Gross Sales $111,300 Business Contributions $102,624 $105,000 ' Church Contributions $59,581 $60,000 Individual Contributions $83,229 $85,000 General Contributions $43,995 $60,000 Habitat Contributions $5,000 $4,100 Fundraisers $9,248 $10,000 Grants $73,634 $97,000 Interest/Fees $10,429 $1,000 . Fees - • $12,000 Endowment fund $10,000 TOTAL REVENUE $474,297 $555,400 PROGRAM EXPENSE Clothing $6,000 $7.200 Client Financial Aid $18,470 $28,000 Lend-A-Hand $68 $4,800 Pantry-Food&Non-Food $17,765 $20,000 Program Staff Payroll $137,000 $150,700 , Housing/Shelter Payments $57,460 $36,000 Mental Health Aid $10,000 Transitional Housing $55,000 Utility Payments $32,758 $35,000 Glade house maintenance $1,800 Revitalization Program $10,000 GRACE Habitat $4,157 $4,100 Safety Network $5,000 Total Program Expenses $269,522 $367,600 OPERATING EXPENSE AccountantlBank Fees $4,075 $4,200 S Center Supplies $1,49ti $2,000 Education/Training $1,280 $2,000 Fundraising Expenses $8,000 $8,000 Insurance $6,486 S7,000 Misc.Expense $362 $330 Office Equipment $250 $2,000 Office Supplies $1,164 $1,500 Payroll-Adm. $52,500 $57,750 Contract Labor $12,000 Postage $4,500 $5,000 Printing 84,500 $5,000 Rent/Storage $1,570 $1,500 Repairs&Maintenance $4,216 $5,500 Telephone $6,741 $8,000 Utilities $10,521 $11,000 Vehicle Maintenance $318 $1,000 . Volunteer Recognition $1,500 $2,000 Total Opr.Expense $109,473 $135,780 RESALE EXPENSE Other Resale Expenses $4,020 Payroll $25,000 Total Resale Expenses $29,020 CAPITAL EXPENSE Donation storage $10,000 Telephone System $13,000 Total Capital Expenses $23,000 TOTAL EXPENSE $378,995 $555,400 Non-Cash Income $48,500 $51,000 Depreciation 520,200 $21,000 Donated Goods/Svc $28,300 $30,000 CAPITAL NEEDS S Automatic Gate $7,500 Parking Lot improvements $2,000 Computers $8,000 Total Capital Needs $17,500 Page 1 09/11/1998 9:09 AM 99APPBUD.XLSSummary - - i , i • a GRACE ASSISTANCE STATISTICS December 1997 1/06/98 Month Previous Previous Previous INFORMATION CATEGORY Total Month Year YTD YTD Habitat Clients helped 0 0 4 0 Number of hours 0 0 628 $ Amount Home Repair. $.0.00 $0.00 $4,508.78 Lend-A-Hand Summer Service Souse 0 0 0 25 69 Summer Service Yard 0 0 0 19 33 Year-A-Round aeeietance 0 0 0 0 41 Referrals Total Referrals 89 54 91 1008 1248 Catholic Social Services 1 2 5 46 111 Employment Service. 10 1 2 65 35 Grapevine Crisis Pregnancy Center 1 0 1 7 22 Housing Authority/Programs 3 6 3 46 49 ' John Peter Smith/Clinic. 4 1 4 42 58 Legal Services .. 2 3 1 36 25 Local Emergency Assi.tance Agencies 12 3 4 44 61 Mental Health Services 0 0 0 13 14 NETS 2 2 1 30 19 Shelters 2 2 1 49 36 • Substance Support Group/Resources 1 0 0 1 3 Tarrant County DHS 14 8 13 138 194 • Texas Dept. of Human Svc. 18 15 11 198 196 Thrift Store 2 1 6 25 34 0 WIC 8 3 6 48 57 other 9 7 33 220 310 son for Need Childcare problems 0 0 0 7 2 Chronic budgeting problem. 2 1 2 22 24 Delay in resources 0 6 5 79 208 Family Crisis 14 10 15 112 176 Fixed Income constraints 17 8 14 170 189 Gap in resources 5 7 6 113 259 Homeless 12 13 10 192 110 Lack of education/training 1 5 0 14 4 Legal problems 2 4 1 15 10 Low income 168 294 112 1042 699 Medical problems 25 23 17 313 325 Out of work/laid off 33 42 37 432 426 Seasonal work/inadequate work hour. _ 22 27 22 _ 203 147 Temporary expense draining finances 14 18 24 201 270 Transportation problems 6 2 4 63 36 Other 16 14 13 136 51 Client Characteristics Total Served 1178 1525 1076 10021 10021 Colleyville Resident 39 13 11 251 454 Grapevine Resident 1001 1384 884 8771 8279 Southlake Resident 68 83 124 471 846 Transient or Out of Service Area 68 38 50 337 307 Homeless in Service Area 2 •7 7 191 135 Adults (18 to 64) 572 738 477 4923 4805 Children 536 ' 754 538 4837 4715 Senior. (65 or over) 18 19 48 159 402 Adult Males 227 308 199 2082 2102 Adult Females 365 451, 327 3038 3113 Caucasian - - 611 750 659 5625 6563• African American 96 99 75 860 796 Hispanic 367 611 310 3000 2198 Other ethnic 41111 42 35 12 371 214 • ) - - _ GRACE ASSISTANCE STATISTICS _ December 1997 . : 1/06/98 Month Previous Previous Previous INFORMATION CATEGORY Total Month Year ETD ETD Number of Interviews •319 369 291 2828 3013 Interviews resulting in Denial - 0 0 1 17 23 Clients _ 223 250 213 First Visit (this year) 39 55 44 866 797 Calleyville 1 0 2 13 23 Grapevine 34 45 37 731 668 Southlake 1 6 4 58 53 Transient 2 3 0 26 25 Homeless 1 1 1 38 28 New Clients 20 26 28 347 369 Assistance Blankets/Towels/Bedding 17 16 45 226 328 Case Management (number of clients) 9 8 0 28 7 Number of hours - 27 26 1 179 13 $ Amount Case Management $623.81 $264.49 $888.30 Child Care 1 1 7 14 17 $ Amount child care $126.00 $126.00 $601.00 $1,835.10 $1,718.75 Clothing (Individuals Served) 171 376 282 2496 2367 Diapers (number of packets) 17 20 27 292 301 Education/Training 0 0 1 $ Amount education/training $0.00 $0.00 $0.00 • Food (Individuula Served) 248 395 369 4028 3842 Furniture11111 14 18 33 249 299 Household items 15 10 26 231 188 Information/Inetzuetion 17 14 28 • 308 426 Job Leads 1 3 7 54 51 Medical 14 17 15 225 194 $ Amount medical $236.41 $403.23 $302.27 $4,055.59 $4,296.55 Miscellaneous Financial Aid 2 0 3 44- 67 ' $ Amount financial Aid $120.00 $0.00 $95.00 $2,957.17 $3,004.09 Personal Care Items 245 391 312 3803 3056 Rent • 14 13 6 196 161 $ Amount PENA rent $0.00 $0.00 $4,136.67 - $ Amount Unrestricted rent $2,095.30 $2,208.58 $815.00 $25,341.28 $27,458.23 Special Program: Birthday Gift 3 6 0 41 60 - • --_ Special Program: Christmas Food 369 0 323 369 323 ___ Special Program: Christmas Gift 800 0 558 800 ' 558 Transitional Housing (3 of clients) 6 -4 9 0 Number of Hours - 11 9 - 52 $ Amount (Gross) $2,419.44 • $1,697.46 $5,943.51 Transportation (gas vouchers,etc.) 32 18 29 339 415 $ Amount transportation $568.40 $177.00 $243.00 $4,044.17 $4,257.00 Utility Payments 28 19 21 266 295 $ Amount PEHA $0.00 $0.00 $103.10 $2,856.i6 $3,957.14 $ Amount Energy Aid $1,433.69 $1,201.27 $1,189.61 $14,197.68 $21,370.44 $ Amount Direct Aid - $1,339.85 $1,054.35 $350.38 $8,961.i4 $3,392.73 Vehicles - 2 0 0 8 3 Other Assistance 10 7 5 • 176 47 In-kind Services i Child Care 0 , 0 0 2 0 Counseling • 0 0 , 0 Denist visit 1 0 0 13 34 Doctor visit- -_- - 2 - 1 - - 0 - 10 27 - Haircut 0 0 0 0 0 Legal assistance 0 0 1 Prepared meals 0 0 0 0 0 40, Other 0 0 0 2 5 plemental Food Distribution Commodities (households served) 0 115 0 1293 1375 Produce Day (households served) 91 101 • 48 1226 688 5-P" L • V City of South lake,Texas MEMORANDUM • October 2, 1998 TO: Curtis E. Hawk, City Manager FROM: Courtney Queen, Community Services Coordinator SUBJECT: Scope of Services Agreement with Lake Cities Community Band The Fiscal Year 1998-99 Annual Budget allocated $4,000 for the Lake Cities Community Band in exchange for the provision of services by that organization. This scope of services agreement . outlines those services which will be provided to the citizens of Southlake by the band. The term of the agreement is for one year commencing October 1, 1998. • The agreement is the same as the previous year's agreement. The concert schedule has been reviewed by the Parks and Recreation Department and by Mr. Jim Frega, Lake Cities Band President. Mr. Frega will be in attendance for the City Council works session at 5:00 P.M. Tuesday, October 6, 1998. Please place this item on the October 6, 1998 City Council agenda for their consideration. Please 0 contact me for any additional information or questions. CQ Attachment: Scope of Services Agreement--Lake Cities Community Band S ._ 5 c..-- t IIIAGREEMENT 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 the Lake Cities Community Band (Band), a nonprofit organization operating in the Southlake, Grapevine, Colleyville area as an organization described in section 501(c)3 of the Internal Revenue Code, acting by and through its duly authorized President. • WHEREAS, the purpose of the Band is to support a strong local arts program through local concert events which help provide a focus for the expansion of other arts programs in the City of Southlake; and, WHEREAS, the Band has served Southlake and surrounding communities through such events since 1992; and, . WHEREAS, the City and the Band desire to enter into an Agreement whereby the Band will provide entertainment and educational services to the Southlake community and others as referred to by the City; NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That City and Band do _ hereby covenant and agree as follows: SBAND-98.D00 09/30/98 1 5 . .- • SECTION 1 SCOPE OF SERVICES The Band shall provide the following services: 1. Provide citizens access and opportunity to participate in the arts, support community cultural events, and provide educational programs to both children and adults in the community. 2. Perform at least six concert events, free to the public, between December 1998 and September 30, 1999. Proposed events include: • Fall Concert, October 4, 1998 • Holiday in the Park; December 6, 1998 S .III Winter Holiday Concert; December 20, 1998 • Guest Artist Concert; March 7, 1999 • Annual Young People (s) Concert; May 16, 1999 . • Picnic in the Park; June 26, 1999 • City of Southlake July 4th Celebration; TBD 3. Scheduling of concerts and make-up concerts, if necessary, will be by agreement of the City Parks and Recreation Director and the Band President. SECTION 2 BAND(S) OPERATIONS 1. Band shall operate in accordance with its own approved by-laws. 2. The City shall have the right to review the books and records kept incident to the •A:I3AND98.D0C 09/30/98 2 5a-3 V services provided by the Band to the City. • SECTION 3 PAYMENT FOR SERVICES City agrees to pay to the Band the sum of Four Thousand ($4,000) Dollars in payment for services described in Section 1 hereinabove. 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. IN WITNESS WHEREOF the City and the Band have executed this agreement as of this day of , 1998. Approved as to legal form and adequacy: • Attorney at Law Mayor, City of Southlake President Lake Cities Community Band el A:'BAND-98.DOC 09/30/98 3 City of Southlake,Texas MEMORANDUM SOctober 2, 1998 TO: Curtis E. Hawk, City Manager FROM: Courtney Queen, Community Services Coordinator SUBJECT: Approval of FY 1998-99 Scope of Services Agreement with Northeast Tarrant Arts Council.- - The Fiscal Year 1998-99 Annual Budget allocated $4,500 for NETAC in exchange for the provision of services by that organization. This scope of services agreement outlines those services which will be provided to the citizens of Southlake by NETAC. The term,of the agreement is for one year commencing October 1, 1998. Currently, NETAC Executive Director, Bobby McFarland is reviewing the scope of services that they will be obligated to provide in exchange for funding. Please place this item on the October 6, 1998 City Council agenda for their consideration. Please contact me for any additional information or questions. r CQ Attachment: Scope of Services Agreement--Northeast Tarrant Arts Council (NETAC) • rah 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 the Northeast Tarrant Arts Council (NETAC), 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 "NETAC"). WHEREAS, the purpose of NETAC is to encourage the promotion of the arts in the community; and WHEREAS, City and NETAC desire to enter into an Agreement whereby NETAC will provide art related services to citizens of Southlake and others as referred by City; NOW,THEREFORE,KNOW ALL BY THESE PRESENTS: That City and NETAC do hereby covenant and agree as follows: • Pr& SECTION 1 SCOPE OF SERVICES The scope of Service shall include: 1. Assistance provided by NETAC for arts related projects and programs to other non-profit organizations, arts organizations, schools, and municipalities. 2. Provide summers art programs for youth in the area. 3. Provide a monthly event calendar with information pertinent to the citizens of Southlake. 4. Provide a quarterly newsletter available to people in the area. 5. Make available various "arts" classes such as guitar, voice, piano, pottery, painting, etc. 6. Produce a"Music Series" with performances in the area for the public. SECTION 2 NETAC'S OPERATIONS 1. Hours of Operations shall be solely defined by NETAC. 2. The City shall have the right to review the books and records kept incident to the services provided by NETAC to the City. SECTION 3 PAYMENT FOR SERVICES City agrees to pay to NETAC the sum of Four Thousand Five Hundred ($4,500) Dollars in payment for services described in Section 1 hereinabove. 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. 5k-3 • IN WITNESS WHEREOF the City and NETAC have executed this agreement as of this day of , 1998. Approved as to legal form . . and adequacy: Attorney at Law Mayor, City of Southlake Executive Director,NETAC 5R:24 City of Southlake,Texas 0 MEMORANDUM October 1, 1998 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Interim Director of Parks and Recreation SUBJECT: Approve Ethics Statements for City sponsored Youth Recreation Programs Recreation Supervisor Kathy Schaeffer drafted these statements as a means of emphasizing to participants the City's philosophy regarding our recreation programs. Other cities have also begun to take this approach in an effort to reduce un-sportsmanlike conduct by participants in youth sports leagues. The statements are for the in-line hockey league, but it is staff's desire to incorporate these statements into the other City-sponsored sports leagues as well. Kathy had previously discussed this concept with the Southlake Hockey Committee and they were receptive to the idea. After drafting the statements, copies were faxed to some of the Committee members for comment. Those comments have been incorporated. SThe Park Board considered this item at their September 14, 1998 meeting. The Board included a statement on the Players' Code of Ethics regarding respect of facilities provided for recreation, and refraining from causing damage to those facilities. The Board recommended approval of the Ethics Statements with this additional phrase. You will note that the coaches', officials', and administrators' statements have a signature block, but the players' and parents' statements do not. We feel it is important that coaches, officials and administrators sign the statements, signifying they have read them and are in agreement with the philosophy. They are the most visible role models for the youth during games, and as such, should be aware of how their actions impact the children. Staff requests you place this item on the October 6, 1998 City Council agenda for their review and consideration. Please contact me or Kathy Schaeffer if you have any further questions. vl- KH Attachment: Ethics Statements for players, parents, coaches, officials, and administrators II 5S - 1 DRAFT 1998 FALL IN-LINE HOCKEY SEASON Players' Code of Ethics I hereby pledge to be positive about my youth sports experience and accept responsibility for my participation by following this Players Code of Ethics Pledge: I will encourage good sportsmanship from fellow players, coaches, officials and parents at every game and practice by demonstration good sportsmanship. I will attend every practice and game that I can, and will notify my coach if I cannot. I will expect to receive a fair and equal amount of playing time if I regularly attend practices. I will do my very best to listen and learn from my coaches. I will treat my coaches, other players, officials and fans with respect regardless of race, sex, creed, or abilities and I will expect to be treated accordingly. I deserve to have fun during my sports experience and will alert parents or coaches if it stops being fun! I deserve to play in an environment that is free of drugs, tobacco, and alcohol and expect adults to refrain from their use at all youth spoils events. I will respect all properties and facilities that are provided for league games and practices and will not cause any damage to them. I will encourage my parents to be involved with my team in some capacity because it's important to me. I will do my very best in school and I will remember that sports is an opportunity to learn and have fun. • 5S-2 DRAFT 1998 FALL IN-LINE HOCKEY SEASON Parents' Code of Ethics I hereby pledge to provide positive support, care, and encouragement for my child participating in youth sports by following this Parents' Code of Ethics Pledge: I will encourage good sportsmanship by demonstrating positive support for all Players, Coaches, and Officials at every game, practice, or other youth sports events. I will place the emotional and physical well-being of my child ahead of a personal desire to win. I will insist that my child play in a safe and healthy environment. I will support coaches and officials working with my child, in order to encourage a positive and enjoyable experience for all. I will demand a sports environment for my child that is free of drugs, tobacco, and alcohol and will refrain from their use at all sports events. I will remember that the game is for youth-not adults. I will do my very best to make youth sports fun for my child. I will do my very best to provide transportation for my child to and from practice and games. I will notify the coach if I am unable to provide transportation or if my child is unable to attend their regularly scheduled games or practices. I will ask my child to treat other players, coaches, fans, and officials with respect regardless of race, sex, creed, or ability. I will require that my child's coach be trained in the responsibilities of being a youth sports coach and that the coach upholds the Coaches' Code of Ethics. S 5S-3 DRAFT • 1998 FALL IN-LINE HOCKEY SEASON Coaches Code of Ethics I will ensure that all participants play a fair and equal amount of play time over the course of the season. I will place the emotional and physical well-being of my players ahead of a personal desire to win. I will treat each player as an individual, remembering the large range of emotional and physical development for the same age group. I will do my best to provide a safe playing situation for my players. I will promise to review and practice the basic first aid principles 11111 needed to treat injuries of my players. I will do my best to organize practices that are fun and challenging for all my players. I will lead by example in demonstrating fair play and sportsmanship to all my players. I will be knowledgeable in the rules of each sport that I coach, and I will teach these rules to my players. I will use those coaching techniques appropriate for each of the skills that I teach. I will remember that I am a youth sport coach, and that the game is for children and not adults. Name Date Signature • 5S -4 DRAFT • 1998 FALL IN-LINE HOCKEY SEASON Officials Code of Ethics I will require that my child's coach be trained in the responsibilities of being a youth sports coach and that the coach upholds the Coaches' Code of Ethics. I will encourage good sportsmanship by demonstrating positive support of all my players, coaches, fellow officials and league administrators at all times. I will ensure that I am knowledgeable of the rules of each sport I officiate, and a apply those rules fairly to all participants, teams and coaches. I will not allow personal friendships and associations to influence my decisions during a contest. I will refrain from the use of alcohol and tobacco products when in a youth sports environment. I will remember that youth sports is an opportunity for children to learn and have fun and I will place their safety above all else. Name Date Signature • 55 .5 DRAFT 1998 FALL IN-LINE HOCKEY SEASON In-Line Hockey Administrators Code of Ethics I hereby pledge to provide positive support to all youth sports programs in my community, to administrate youth sports programs with professionalism and in the best interests of the children involved by following the Youth Sports Administrator's Code of Ethics: I will run youth sports programs for the children involved, not the adults. • I will ensure that I am knowledgeable in the area of youth sports administration. I will do my best to provide a safe playing situation for all participants. I will provide support for coaches, officials and parents to provide a positive, enjoyable for all. I will require all coaches be trained in the responsibilities of being a youth sports coach. I promise to keep informed and knowledgeable about all current issues facing youth sports. Name Date Signature • • 6s-G City of Southlake,Texas • STAFF REPORT October 2, 1998 CASE NO: ZA 98-099 PROJECT: Plat Revision -Proposed Lot 3R,Block B, Hart Industrial Park STAFF CONTACT: Dennis Killough, Senior Current Planner,481-5581, ext. 787 REQUESTED ACTION: Plat Revision for proposed Lot 3R, Block B, Hart Industrial Park, being a revision of Lots 3,4,and 5,Block B, and Hart Court of Hart Industrial Park, an addition to the City of Southlake,Tarrant County, Texas, according to the plat recorded in Volume 388-217, Page 61, Plat Records,Tarrant County,Texas, and being approximately 3.410 acres. LOCATION: South side of Hart Street approximately 450' east of Brumlow Avenue OWNER: Exchange Boulevard II, Inc. • APPLICANT: J. E. Levitt CURRENT ZONING: I-1 Light Industrial District LAND USE CATEGORY: Mixed Use NO.NOTICES SENT: Six (6) RESPONSES: None P&Z ACTION: September 17; 1998; Approved (7-0) subject to Plat Review Summary No. 1, dated September 11, 1998, deleting Item#la(cul- de-sac or temporary turnaround) and recommending a 30' radius. STAFF COMMENTS: The applicant has met all requirements in Plat Review Summary No. 1,dated September 11, 1998,with the exception of those listed in Plat Review Summary No. 2, dated October 2, 1998. L:\COMDEV\WP-FILES\MEMO\98CASES\98-099PR.WPD • 51-1 11 11 1 1 .r-�� 1 Tad -mums 1' 121 le VI i', "R;E gai�iiiir K ,: Tem 1 0 II aDBC I:14 le11111 '441111( '!89 1 A iirs;7.• 17: 1; , .03111461 TIMMIT .- . .� i:„ .12 4 ' .(11411 '. '. i'\\1) *.11111hIMIIM.B.10.-11.. ?d47 Ac SIIIPIZIVI tIi :ft *j• • .111 a Go I. s't tiur .-�. 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" PLAT SHOW/NG va .• w 9 ads[ n:a.Rr nn.N••••._ .. ••of J,�..,Ian. nr 1 • LOTS 1 THROUGH 4,BLOCK A,Et • "'h. i ' '•4r/--• `. LOTS I THROUGH 3,BLOCK B. d.Kes a..en.......... 1• /�.a• HART INDUSTRIAL PARK • i. .:1.b"""' ' I An Addition To The City Of 1 • • a 1 SOUTHLAKE COOT,O,T....1r ; woody - I. • .,a Tarrant County.Texas .I.. .I................ VI I • • far.•en•.ibis•.I.............................. . •. IN THE AN GIBSON SURVEY A.591 C101 0•01 NI un u.snL Of OFFICE em.. - . I. 1 .I 301 WWII -1 1.1( ..... ./ • • r • lONlo Fi S �5�at...................I.... O . IT.ra OF MI I :_• , J • COONTT aF uu.n 1 ui SIMov[0 ‘i.,..,.74 rjfy wrROv[D �,;.). 'Ill ..1....1.[10...mw.•. • to....•.e.....nib m•..e I.I r 0 ORDERS. `a / . : ..:dt JOaVN IRMNLA N.4 al•[.0100 NI SAID H.u•L OF OFINA es a.o a . . sib, v PLANNINO O ZONING SOUTALAXE CIT// [oat 000,WWII ,an • - / el JJ./ •1..1. xYY •ICONOONTR...Co.c I 1 U.ill I..ell r (' rib `'r, S COMMISSION COUNCIL • 0. 1 _" era..Haas :.:::.i• rib•:::':ii .a: ,:::::.t 1 •I. .1•. •' a- • N.N..N N.- 0.' o...r7-/J'-®B:.I •....4e*n/�Te`r.�m� }7J.ii+Ce o irkr.r, /,•,:�/,.i• ,4,,,..>"' „„1' I WARD COOMANY I , SIGNATORY WCon... o-° rib ae PREVIOUSLY RECORDED PLAT i • City of Southlake,Texas PLAT REVIEW SUMMARY ase No: ZA 98-099 Review No: Two Date of Review: 10/2/98 Project Name: Plat Revision - Lot 3R, Block B, Hart Industrial Park, being a revision of Lots 3, 4, and 5, Block B, Hart Industrial Park. and being 3.410 acres out of the J. N. Gibson Survey, Abstract No. 591 APPLICANT: SURVEYOR: J. E. Levitt Ward Surveying Company 726 Commerce Suite #104 P.O. Box 820253 Southlake, Texas 76092 Forth Worth, Texas 76182 - 0253 Phone: (817) 488-3313 Phone: (817) 281-5411 Fax: (817) 488-3315 Fax: (817) 838-7093 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/21/98 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. 1. The following changes are needed regarding right-of-way: a. A cul-de-sac or temporary turnaround is required by the Subdivision Ordinance, Section 5.03 K, for dead-end streets (Maximum length of 150'per Fire Code). In lieu of this requirement, Staff would accept alternative turnaround provisions if approved by the Fire Marshall to satisfy fire safety concerns. (P&Z Action 9/17/98:Accept alternative turnaround as approved by the Fire Marshall.) b. Dimension the existing right-of-way for Hart Street from perimeter boundary corners. 2. Provide the typed name and title of the lienholder at the signature line. 3. Provide plat recording information for Lot 2, west of this site. 4. Place the City case number"ZA 98-099" higher on the page. 5. A"Certificate of Taxes Paid"from each taxing authority must be provided to the City prior to filing this plat in the County records. 6. Change ordinance reference for Hart Court abandonment to "Abandoned by this Plat". 7. Verify the legal description on the east side of the property (Legal=412.62'; graphic=412.61). P&Z Action: September 17, 1998;Approved(7-0) subject to Plat Review Summary No. 1, dated September 11, 1998, as noted above. Please submit a revised blueline "check print" prior to submitting blackline mylars with original signatures. L:\COMDEV\WP-FILSS\RSV\98\98099PR2.WPD Page 1 ST•5 City of Southlake,Texas * Original signatures and seals will be required on three blackline mylars prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x 11" or 14" paper) with original signatures and seals on each. Mylars will not be accepted if any erasures or original ink, other than signatures or seals, appear on the plat. * Denotes Informational Comment cc: J.E. Levitt VIA FAX ABOVE Ward Surveying Company VIA FAX ABOVE • L:\COMDEV\WP-FILES\RSV\98\98099PR2.WPD Page 2 ST..149 • • O • • • Yal<.,W NAST INDUSTRIAL PARS( MU Sr UM MOTS 1I Ulna, I II I.O A • MY IIO,W,I,•••.•'•••S. Url It.U.1 e.•Garr r fl'h"ra',h••Ws e•�u -I--r rdnt na Oily e1•rWau•usu..u ae flat•1...l.I•.Mr Y r••11,, LOT I I LOT 2 LOT 3 LOT• rags el.flat•seat4 r•u• •h1 Ory ....t T Usual.la•Yr r I vOL.YI•y .O Si Aaeut le Tlr lIW rue sal,bra.aWY•Swam.•rely Yea..W Wag We 44ra14..I44t4 tr••tW Y•el.W berme an fetch. 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[TY• .u.Mrt/Y r taus Y W 1••••tame•.Ytt/aYaJJ/hr.....Ulan >�yi�/ • \� ?- vOIYiO.K,IO W CIS,r.wU11Y.Taros heel.Twee••r.ese YIMy•rWY / s' B L O C K B .,•r\y\�b. Y Iu W e1 tan merY m•lptw••.r W...�Y Y•r ran. L�l wnTarrY.vOL3W1•cIl ."'•�• b T1•W.Yid W IOW r gangs WaIY W MYutmelus r awWW. t S. r .t .r •r ran tan. `•Ill N I[u/. •...r oral.sat 31,EiI`^ • .aa f•be ¢I LOT 4 G NUM ler m W ../J ION, i I I sans Ilse.hr0W5 ' --1' r.ra e/[I1A ' - .• I,'YTILIT YOL WI.5 Y 11 Mi Y COM,OS MUST SUM.N.the llStlJlt l.4WIa/.r Ma 44 Mtr.•Ilr elme..e. •_.] 6 N•M'3S'W ]2016 ..Plates.tee.u w Y r the velum M...use 1••rrt1W u aid ....wax leu.sana•W aet..r1.1W u w• • .rear War fall r me�1 Yg W r•IW.Jes IWr1a..rms.W la sr•.fW.T • .1r a y=.Sur sus rr••r rY.rt.r JOI L••.:wT YCLIT1l•KTO, I . ..L tq M•aNrmetyr..._, _• MO MU K.Ime M••..r amend me Ws 141 11771\1) YAM- .� .r _ .MN. %��/■'i�i��' I Tr 1!•wi••Y M U. yCer•.w.C•►..a • Sattaan hale la•al fan U.Mate V ;no ..!=_'. I.es..Ir .twee... L1M M14o••l41131M044 of rraM - ..."a� :�tl.. ••- i— �.ltl) TM aim r t• I Y Us Us ma.n r MILT _� !`�rI W •41UW1 YY,.11Y W a4.egt tY uieulwr•1.• �I 77T}1I�as BRf�.t4 rIr Y441441 Oat/11eY.lar••est.41M•1.Y Ill YIY.IaI J tY • lt■ II U' .rawoal 4Mo1W Y•r•••••1M)l..,raJg1 all WlrJr•W • 1. 17. RI:YlIS ay. Mgr ..eslalr J tug NJ r au.. 11l1.•/111T1Y M A!lIT•1T111 Till 1111t11r II J A..[1111e rSIMur inn M,W S ITU Y/1YA1 II III*OI/a r 1T•i1 lA US On -1��].• I III' OAIYYI AI 1/SMUT Ti r1111 III 11T1.1LIIr• Mr. Tr ix OEM/M[uLLR ✓ W U1111Y MOM. I I i moo me,She e4ral•W.eeWlal.me%J•4r Morrill Dues. a��•_ O. •w All CU..•.reties Ar•raMlfest..t..u r Y r tan Woes Mee. • _ aL�•� •r le 1.WLLW t•tan aM.aid 1u.M1Y IW.�t.W•mesa{•.MI 1-lAG/l •II G lYr Ooy Wtu•M W 1e.r••Wttl Shaul.no S suer.•J Y eY r W Y••r • 1_ •� �•I+1 ,� l� .11 hue Wlrl Wt. I.CJ of Walt..oeMrn•Cu rgtt as re Iw JJ•r l gar MU Ill NAM.me IILL r SUM r III.W day f1.1.etas.alw1Jr es My IN rtJ•sa eltt ere boa..u._ VICItlM1 aA. rre•ess • 1 analrl.Arry alas.IraaW atroa au le aid rU I•tflles •,. . .WC ' ••Iut sar an e.lr• .Wt11w11 I...JW.W TYY� NI alums el.yes MI:YIr r Maim.flat.[tsar .e1 hall.II•r fur au 1Mu Ian sham. tree urltull. PLAT REVISION p Till 11 Y rally!•rat 1._1«LT: ":,I..R..:: , LOT 3-R.BLOCK B i.....Ian.•fI I u. .M••.(I.ri:e:is•ran••. •.I rarer I I�i•e111 eI'•: •11 IJ unsay et.••••n.•D +•� ��'~ •%�� HART INDUSTRIAL PARK " "ii"'a' ,moo• ......•A it.f.. ...•1 ..rau•...1......l•1.•. 11 I.• O•.1•.slut 11,0 Il,we. AN ADDITION AS.76 CITY IF SWN OF LOTS 3.4.8 - !!!''��E�''''''/�!/� (�!- (1 1 7(�[�. tan t•C1.M aid[ 5.RLD.T[%•S,BEW6•REVISION OF LOTS],S,B • �,-,1 Jlid,,, (;J ,M/`M/`t/( otl.Irr was,r.TYY D•6LDOL PLAT RECORDED RVOLUME •3E0-.217. V u •••••..••0 Ilrrsau[•J•lf2g PAGE IL PLAT RECORDS.TARRANT COUNTY.TE%AS. • 1/11. , W THE.1N.O650N SURVEY ABSTRACT NO.SDI Y/RYSI MUM OT GOMEL I LOT ••• Im s AC. Mums .YOYir 1t•.Y WARD""In 6 l • rW 4•••rF _ •, TORS PLAT/IL60 IN C•SINET SUOE OATS 'l.:,t:4%:."mer' cast se...aye City of Southlake,Texas I MEMORANDUM gOctober 2 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works % �� SUBJECT: Ordinance No. 721, 1st 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. Recommendation Staff recommends Council approve Ordinance No. 721, 1st reading, changing the street , name of Rainbow Drive to Rainbow Street and Windsor Drive to.Chatham Court. Please place this item on the October 6, 1998 Regular City Council Agenda for City Council review and consideration. BW/cre Attachments: Letter from Terra Companies Ordinance No. 721 7 . I 5U-1 r . . T E R R A 0 1 T..L. -,.._. 1. i -1- DEPT.OF rliBLLCWORKS 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 SandWindsor 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, (:)deZ( - %--- Paul Spain Terra/Cambridge Ltd. PS/em ii _ _ • _ • . .. .... . _ ,_ _ :••: .._._:f 5U-2 CITY OF SOUTHLAKE 111 ORDINANCE NO. 721 AN ORDINANCE CHANGING THE NAMES OF STREETS LOCATED IN CAMBRIDGE PLACE ADDITION WITHIN THE CITY, PRESENTLY KNOWN AS "RAINBOW DRIVE" TO "RAINBOW STREET" AND "WINDSOR DRIVE" TO "CHATHAM COURT"; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDLG 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. 5U-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 S 5U-4 City of Southlake, Texas MEMORANDUM October 2, 1998 TO: Curtis E. Hawk, City Manager • r FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorization to advertise for bids for the repair of concrete pavement on Creekway Bend 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 5V-1 replaced pavement. Essentially, Council wanted to see if the grouting would be 41 successful iri supporting the existing pavement pfior to its replacement. 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, $496,986 remains in the 'CIP budget for the completion of this project. The estimated cost of repairing the pavement on Creekway Bend is $331,000. • Recommendation ' Staff seeks 'Council authorization to advertise for bids for the repair of concrete pavement on Creekway Bend in Timarron, Phase I. Please place this item on the October 6, 1998 Regular City Council Agenda for City Council review and consideration. rBW/cre • . Attachment: Map Exhibit • • • • • 41) . . • 5V-2 Timarron Bent Creek Subdivision Proposed Phases of Street Repairs _ I, 4 0 V --- L.._____ Legend Phase I Creekway Bend Phase II Bent Creek Drive Phase III Bent Creek Drive (West) Bent Trail Drive Bent Trail Circle IS WO * iir0 0.I litb ..01 *OSA w ,1\ c 4 ,,.—z, No Scale 7uthlak 5V 3 Public Works-GIS City of Southlake,Texas IISTAFF REPORT October 2, 1998 CASE NO: ZA 98-100 PROJECT: Plat Revision -Proposed Lots 5R1 and 5R2., Block D, Commerce Business Park STAFF CONTACT: Dennis Killough, Senior Current Planner, 481-5581, ext. 787 REQUESTED ACTION: Plat Revision for proposed Lots 5R1 and 5R2, Block D, Commerce Business Park, being a revision of Lot 5, Block D, Commerce Business Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-214, Page 60, Plat Records,Tarrant County,Texas, and being approximately 1.340 acres. LOCATION: South side of Exchange Boulevard at the intersection of Exchange Boulevard and Market Loop. OWNER: SLJ Commerce/Exchange Ltd. • APPLICANT: J. E. Levitt CURRENT ZONING: "I-1" Light Industrial District LAND USE CATEGORY: Industrial; 75 LDN Overlay Corridor NO. NOTICES SENT: Four(4) RESPONSES: One (1) response was received within the 200' notification area: Vern Lawrence (B.K Lawrence, Inc.), #8 Echo Cove, Grapevine, Texas,in favor. "I am in favor of a plat revision. I understand the owners will have two buildings instead of one large building." (Received 9/1/98) P&Z ACTION: September 17, 1998; Approved (7-0) subject to Plat Review Summary No. 1, dated September 11, 1998. STAFF COMMENTS: The applicant has met the requirements of Plat Review Summary No. 1, dated September 11, 1998,with the exception of those items in the attached Plat Review Summary No. 2, dated October 2, 1998.• ._ • L:\COMDEV\WP-FILES\MEMO\98CASES\98-100PR.WPD 511-I , TR 12 5B2 ors:ai . 1�r.�� 11,IR a 55ffi AC LIE TY 11 851 T.EASTER . . _ ` . '-11 SURVEY A-458 • . i• I GAF ----- .': :'. I 411114 ZA F\�,o ��,� 7 1,tiailigirril\ ' - I i:o. AriEptiiiir : lik .• 1 11 SP.I.j: 111 iii EMI4 : " IR 3C TR 38 c 17111111A" \ r . TR H; .. nz k lnzs AC _ ,,. .,1098 TB zAzs __ u . ..4 ... •- TR 1C '�ll TRU T 1_ • I 121 le =!- I / I . o TR1 �� 1A�S i TRID .7 R • 9ke -e e la 0 Ta 3A 69 k SUR MI '6% ') o 1 194Ae ; .4 � ',.w I TR3 1 TR2 t ,: 185A ., .!. 1TAcf 4. 1.10 a TR 32 _ „Az". ..,. s , _ _ _ e Fri e Eli �=`� A . 11PdAprrara 615 AC H 1 \-, .6. I See • TR 6$ ��ti��'� I �,t ��s' ALCM 1 . o 0 o 0 0 • 1.6Ac I - ,, .G TB 6T t a ��Q�`� 1 {99 k I . so . i— _— I11Ac . v� TR1B1A ----r----- I la , k i w. 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' .unsay was•oY•mY ,u l. sl•a • .`1•..' tea ,a I Cus.— _ _� ,..,(„r,Y'uu r.v.w.:.. .. u,L•se r nwi pl.,•e..er wemeTr. vrNT,. I. oa•r•n- no.aa n.,o u.Y • S.tamers sue `e +,s[�.., ,. Y•Yq,• ,ao.. Y.Y ,a.fn laths w.s.the ••Nair a••c.. v..M...r a•••••:•a • I. Sell," ISO.. Y.Y 0.64 •• r .M.a L, bL,.,C L.mwvee S. 1••eVY• IID.0 ff.r WY 1.6 Yr•• .l-ll.•r. , eJ'G..r.tuc a•ef C L.0 1-e.Yr.e w Late 16.LLD••• „ �• .-ua_r JJI�,-ivvo t (IC. ___.________.___I__,ao.___-Z o...b:iLe __________ ___I .^.,..,• OMMS Roma.tux r....lr.� curve• y.. ...'mastCa�.. sad sad 1 cats peal., sae • ta • ^'Di�a• II 8 e , 'ti I. a o...a.,ue •_ Y• Xa.. .r r•,W Mrir .Me Da . 'a>•a,oar%e:,uoo sr .nooer I, fa,000 sr ; xeoenar,.+$ _ 1 1 >qf><sr a . O >>r w < a el _ g n,s„ , >o a< :n<-o i �a an.r n• >>ae[[[{ i 1\ f - r • VNCT•�L000 nt�•a�'( ' i Y 1 ro.lay r w• 4�•ttr•.\l, 6 i A ' x•-- -- -- - ::v ! tee en I ,111 a r`eleisea as •au us is�..L.:`•9us Cu u.ssel`m us I o 2 . c �c to '., o•�� t n� .. •,•. C p � •e r•..•ufr.r. J lii J u !•�f90e Sr - ' . - I ,II sun sass or orrice es Y•.w L.•L z j 9 E I` Q ' faeax.I I.7........2.,.. �y- N laa. `•D • 3 01 �, I0 © I - / r. MOO V.�O1� I er $• 3n f r `.r> <s.w....a aue r a 3n �7 r •. z t i•."xe- a °' • vi rlr I n Sap/cos/f•714�L 3 ,• 5 .,ter g 7 I ••, "I• --c:. . - ' '=''C --r----z:.----- ,..r ' *�° )YV_( 111.1110 \ ° oIV w >.._ '1.v - ._._Sr ` _-_,•_• VI •rO14Jr' J ------- V a eyes Sr 2 a1 ., •54.50b Ae. •_. .!::' '7..' i { 1 .-1-e •- l o M ..11.L m•m aiw0un wain 4 ,ue 3 i -cv, ,1 >->•—� IY1�Q•YLL•Llumu..I•r,Lu.•.ua •_o :ter, efr • . a ,YY•r...�.Wx..... • I '. Y O E• U. w o111 D(9nm tl,I r•1.L1,•Wt i 0O•...1 FOXIM 11.11•111101 UM 01 DX La WO. ye. F 9 ,00>a sr S. I eC •a" I ,s --— 'K. ..a°L.rLYow.,ovuuwfnDu,L 60 e I -., f La :.LEU o J r _ _ _`L I ,_` __ ___ _ ____ _ _ .e. 1, , , •, _ •eommeaes •+. �' a V' �3 Is wen Pia • V 3•lam'rti T- -_—__-_-- _—_�Y,.. —— T_�— - 7 eommsau`e•��T.o 1 ft W Qr IS Slit _ J tlr d r— _ <_c+_ '_- --.__-' A , ® V"Yf.rr.. p V•, • 70 • p »o O "I >. .°Sc , e o sr ,. a eG o. • war 1 og • r e r a. 'I' Z. r QS] ,ar in�s C,• _ _. a 0, - •naoace eo PLAT Of ? C — L_e0 O...due L M -.:I::: . ..1-11.R.• N l->. ..a t-f, p - y « e ��0< . _ Lc:. =:v� ,::_ s_ „I IL COMMO2c�'rr3usiness t ,•...,„ n _____ _________'.___500,047 , w•___..._ a -� .. _ a;_ en _ _ _ ._.� ,_a K P q Lw•a•Lr "`•ewMe,s,•�,•� �-. Lro... �.'�.t > I, ' ..c•r0my rate Y CM . Um... `w w IM• Y. zw.•Lr O corer n:.i.eom.,x...•. , 10 I. r. wee.. v ..r v ,... id L 1 D • Public 0 p.. e( • l• J .••. de N . Y•c.•C`. • •Ou ..i �rrlw OLA01 I O• leytea ass. al•sus .( L 'a[cu.v..•Ill e.••. 'ioc cc.n•... •t'f.•la. ... Y :.;.ice l .re.• as.. ^.a..: e.9,,• •a, .r.epol•Y 110TC. • I d e0T10G POOPCOTV OCInG PLATTCO 04040n ,9 tondo LI- , x•..• ..,,.1•...ee a.,1.1. r.ar Lon `Ytr' ,� ,rra.ou. Om.. MUMS, w �' >; -- -- r L—�i— Land.,:.::t: e. J. �,.,.5. ......�..se lay x.... . f..,w•<... roc.n ,...r. ..,Ym tussles..x .,Y., 6116.6111......YOU ^'fir `-uD-ln:' +u-..,-u.:' .._._.. .__.. 00.a.5-6-SS e.<a • PREVIOUSLY RECORDED PLAT • City of Southlake,Texas PLAT REVIEW SUMMARY OCase No: ZA 98-100 Review No: Two Date of Review: 10/02/98 • Project Name: Plat Revision, Lot 5R1 & 5R2,Block D,,Commerce Business Park, being a revision of Lot 5,Block D, Commerce Business Park. being 1.34 acres out of the Thomas Easter Survey. Abstract No. 474 APPLICANT: SURVEYOR: SLJ Commece/Exchange Ltd. Ward Surveying Company 2875 Exchange Blvd. P.O. Box 820253 Southlake TX. 76092 Fort Worth, TX 76182-0253 Phone: (817) 481-3223 Phone: (817) 281-5411 Fax: (817) 481-4070 Attn John Dorety Fax: (817) 838-7093 Attn: Waymon Ward CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/21/98 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 EDWARD MCROY AT(817)481-5581,EXT. 880. 1. Provide the deed record, volume and page, for the current owner(s) in the preamble to the legal description. 2. Show and label all survey lines. 41. Label interior lot dimensions and lot areas to reflect R.O.W. dedication. 4. A"Certificate of Taxes Paid"from each taxing authority must be provided to the City prior to filing this plat in the County records. * It appears that this property lies within the 75 '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. * Please submit a revised blueline "check print" prior to submitting blackline mylars with original signatures. * Original signatures and seals will be required three blackline mylars prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x 11" or 14" paper) with original signatures and seals on each. Mylars will not be accepted if any erasures or original ink, other than signatures or seals, appear on the plat. * Denotes Informational Comment cc: Ward Surveying Company VIA FAX ABOVE SLJ Commence/Exchange Ltd. VIA FAX ABOVE • JE Levitt Engineers VIA FAX: (817)488-3315 Attn: John Levitt A:\98100PR2.WPD 5 '-5 i Page 1 • • • 1 • lntnlTre . • WATS Of TM. Caawr er run•] I 1n:••nlu.•u C•fe.•C./a. •r LW.Is We wow of W I.Wen D.•f Camerae Mires an.ee•wltlw r t.• City • y. .f&MAW Tweet Wray.new.s.wfflw mo•lo Wet CORNEALe BUSINESS PARK Vol SBB•211,PB.GO r la Mein MaM.al..1..Ma lamella.Wins.Cmot] a haw Wet Wre1W is nlwe Pow .morn wawa.. O CwW.We..M.awn..a WI.M Yoe••r felt.. 9 MM.. •war.Ina naiad f • the wahine.war.of • .I'aI YL oafs LW M S.la ta\ we fl •- • We.wy W .f I F wrha•w Slat neon •.w-..'•I•.a1.I.fin Wm..the M•Mr BLOCK B W e BLOCK C as wId W I.to•1n•I. sot tot•r.warn Y o W awe Is tha Myth l•r w CC. 1•.. n eery We watt]Imo of LOT• I LOT II ._. LOT 1 itn=age n Waloe N.rlo Win r lrMMlr. Curt.r•••••••Wow se•OW BLO CN 5 I 3< wanted la T•Iw 11.-311.Pew Wrlmo•reel.. anal •.W.W.II*V.r. 211.C]fin elm.We swab ltr ___ I . •t mold WWtne trrblal inn Arnla..r - We wa\II..of...yew awns..law...ate • Marry.-e•w*••City.fell•floe I••VW Ina fwa•t•aha.•w\wt earr.4. t W I.tine S E EXCHANGE BLVD % We IWlbwit�w.et .I C••••ISI•ulwlme.P•In SO Aa• .1.0101CAT[O TON SNR-a••n .N1.1wr a Wlbla a We City of...Waft w /n•II'I]• t^,tin, mow a•Mt.•erred I.Cables A.elide NIS --- � Wei.+were. Wean.awe. M anaTION Want X.M•1]•-Is••..n.N tea Weep the most lime N Po Oa ICat 11 haldareawraaaY•Mls��M teat..My�nwlT;N lea feed.b W been.wwr a mold W I.le SW.neat rlwt-.M1ay 1lr W Wawa Was Ma. B..w-01••1.....II.T not Wot wl•elsW-N-fey COAs[nTre[lY3lw] 3 S« 2 Ilr....POUT w wpwla M wet•Ial•l 1.IN Nes a y0 Tqa e•CM. ! n VW i • a fI [m All r Pt Ia..f.afen • Sh.e.•Y mr•lCS/1>0r•LW Baia UMW led all woe I • LOi SA2 $ LOT SRI . LOT• aped west WY Stay,toe wanlwr dew loner•r•• foe 114l1 Imo Sat.lie.bat tla Wm•t.•.awmo1M weeny to be bee N BLOCK I 6 a a. I.I.rwe.s/.{,glen r.orw Owlmeee an.me b.c y to LCT 3 blo Clay•t lwsft Taint Cesar•rfes..o.am.lorabr Mlwlo t t•alo w of tlo path.all eel.b-•frfata/=..wwa u a•fe Mrw.nl.IW lees M mint.deed•wlalm • naQOIaYRA101t111i O 1 B I. O C K D r w•••wmon.if ny. 1 .. T Wareett -+L.-- S.• •nine.a Im OW ay of_ MN. w oman., y wee .IB i,l. ••awe true r war wait w•4 CCaan.t./Qnlfe.Cn r,a_I_ ••• awe M1K .•new er jwr�r .q;��1•ye•fir.= -- JIIMIT n• MAW__— 01.41 11 on WT/-'r. .. - -__- Um Mnat_Atl waMrtaN West hoer lama mot w woes ter..•..r•wpm. W4O•Mr•Y r in+a •w waits.me• MA . enlnn n0U:TALL PAW ADDITION r we woe r awe w awa.a w we r weee Val]..-tn..a.0,IATCT fella a TIIA. e.•1 «euawr.wr•...r r� •rfer oY r w. e••• COMM O.MOW w` wed f •Irr•rraw.r-.ri...�MY to iwr / r.rr 7• �sw 1....wf ar+.�.�r r anew.Jaan Cann.Wwtdoe w heetaY warm Wow Dwell new /.•w▪▪oar ere era.wlwiw he r- lo wean.Its far Wslpsflt•r W•e.lvntl.e tint md to ma W�w w tS- weir.•rya rreea... •el.K r r...• ' b7 =-.-.?a •Me w w.": a 1". '''wed maw.M.e•�I .w Ws`e wrw 7i.Bert •awed IY is Ur MinaW tint.a•W M.•the ea M W _ _��•wet wag•t _S5 We • Of•W wrtmof.Il W.w.aw+awe•w reran..1 wawa,Ow.M i••.tea. '4 • y. •tIn a•e.I n m WV tu1 a 0r(]C•me Wig wed rwwow..w �F�" -r d. r .twl o▪we:rz:� taw ..=en I i 1c +.r..w F�.e awe ee.a •^ 2'� ` • wen true 1...•r•.•r inert•r .•..r se awwee es wee.. are..wow ea .sees 1.•kW•r `.^ w_/:: a... tee:`••••"+•w+�`“a. `n • —�1� (ej rr mot-• 2i t.rr ae• •a.Ira !r flee a�."� `-J{•�• Nu alder'••Wiflntlr•t rhea. W..=la- f ry a�n.n tAt. .:. 1F:_ iunn 11_r!�. ^ N•wenl.ri. all motler!•M•net.al.trytlo Wawa. �_`liii�o �__•. me • - 111'R N Sin d.di1 of I.lo ninon t .St I raw,*WWI terry Walt ...TII.Il In 111 . ell•Itntlw•r Irwl•lea of WI.wet a•Wes. win WI...W II sI 55M'II•.Tat LAVA..AW CITY BFOr J1 sNin•CI A••IS•nut CT II Itttl WI.ti•rtitlW' liV i �i4J. WW1 w nm • II D_ ti, .... • COPTWW1 w roan .l� �J • ••waMMal A•We want..•4Mylty w nl•wt•eeti11 '\ • % .... • Se oe IS be W.new:•.Me sew 1.w lo leelld to tlo Wow sa[swat.laare•a. r• 1ewle•w•a•r that he wanted • �..1 I 1 M. foe in haflI.wrw.a t••Ws sea rW dead of wild Ie the awn we en enn 0s06.n UM In•eu w Conn w WIG the day Mary Valle la awl net It.lasta at Taw. PLAT REVISION _ __ _ _____ _ LOTS SRI,6 5R2;BLOCK D - his le a Ivtul MI] •lrt+ Arl•O-O n Imo llama • .teen • Z..1! .rare]t.I..t t ow COMMERCE BUSINESS PARK troth tl••/t•twd Ike heel••�...1.1•e few••prat• •yes the es. w�tat WI pal Iw.•.....f•.W Il•me CO ADDCOUNTY. E AS SEING•THE R OP 5010N MLDT5.OLOCX ..... ••ttt.i.at .I•L.n V•e.+p 211998 COUNTY.TE%AS,BEING ARLYISgN OflDT4 BLOCK sae...... •OW Tab plat Wrn.WI r•r..mu net nn nU I7..wore..a/......y•.•.•ufeeWflu. nab.••' 0•etR Ill aaeCWW1 W.V0 LTa D.AS RECORDED IN VOLULE SBS-211.PAGE BO. t• tiny Wce•+fi avo • PLAT RECORDS.TNRR/WT CWNTT,TEIU;IN THE • Mi•.nalon sovraauc.I..tact THOMAS EASTER SURVEY A-17a. • - . um w-vas .. - • AwWOMOoTMIOITVCOMM ■LOTS .WI, a OWN •I au OUST ]T 21,1000 ran • 'MI5 PLAT PILED IN CABINET SLIP!—.DATE CAW as /W-100 PVLCity of Southlake, Texas MEMORANDUM October 2, 1998 To: Curtis E. Hawk, City Manager From: Ron Harper, Deputy Director of Public Works Subject: Authorize the Mayor to enter into a professional services agreement • with David Schwarz / Architectural Services for the design of Town Hall On August 18, 1998, City Council authorized staff to,negotiate a contract with David Schwarz / Architectural Services and Urban Architecture for design services for the Town Hall. Over the past six weeks staff has been discussing the cope of services for this project and the division of labor for each of the design firms. An agreement has been reached 11 ) regarding these issues. Attached is a copy of the Matrix of Responsibilities agreed to by the design firms and reviewed and accepted by staff. The proposed fee for the services offered by Schwarz is 5.5% of the anticipated construction cost. For the current estimate of$10 million, this would result in a fee of S550,000 to be spread over the design and construction period. In addition to the basic fee, the architect will maintain a reimbursable account, which will be capped at 10% of the basic fee plus travel costs. A fee not to exceed $ 50,000 will be charged for services involved in the finalization of the Concept Plan. This fee is contingent on the Concept Plan being reviewed and approved the City and County within a fixed time frame, and will be billed on an hourly rate basis. The total architectural and engineering fees for this project are 12.6% of the estimated construction cost. As staff mentioned during previous discussions the fees for this project would be approximately 10 - 20% higher than normal since we have the two architects involved in different portions of the project with some overlap. Based upon information that staff has reviewed a typical fee range for this type of project using a single architectural firm would be 10 - 13%. These total fees are actual within this range. • The attorneys are reviewing the specific language for this contract. No contract will be signed until the attorneys for both parties have agreed to the legal terminology. 5X-1 • • • Curtis E. Hawk David Schwarz Professional Services Agreement October 1, 1998 Page Two Staff recommends that the Mayor be authorized to enter into a contract with David ' arz/Ar ectural Services, contingent upon the finalization of legal documents by t i ney. /ts Attachment: Matrix of Responsibilities • • 5X-2 :-:=.'. 29. '''';.9..i e. , ilillir ,...,..._,,-, , :::,,,,, , , ‘.-.7,‹ : .,. j DAVID M. SCHWARZ ARCHITECTURAL SERVICES, INC. • September 29, 1998 Mr. Ron Harper Deputy Director of Public Works The City of Southiake 667 North Carroll Avenue Southlake,TX 76092 Re: Southiake Town Hall .Dear Mr. Harper: As you have requested, we are sending you the attached Matrix of Responsibilities and fee proposal in connection with The City cf Southlakes's proposed new Town Hall to be located at Southiake Town Square. The attached matrix identifies the tasks to be performed by our firm as the Design Architect,and those to be performed by the Architect of Record. It is our understanding that you are currently in the process of r.cgotiating an agreement with Urban Architecture to provide Architect of Record Services for the project. We have been in communication with Michael Murray of Urban Architecture, reviewed the attached matrix with him, and incorporated his comments. It is our intention to include the matrix as an exhibit:n the agreement for design services we enter into with the City of Southlake elConsistent with what we indicated in the draft letter to the City we faxed to Curtis Hawk on 8-14-98, our fee for Basic Services in connection with the Schematic Design, Design Development, Construction Documents, Bidding or Negotiation, and Contract Administration Phases,as described in the attached matrix for tasks to be performed by the Design Architect,would be 5.5°%of the total cost of construction for the project(excluding FF&E). It is our recommendation that we provide services for the Conceptual Design Phase on a time billings oasis. Since it is difficult to predict the amount of time that will be required to arrive at an overall concept design that with meets the City's approval, we feel this is the best way to proceed with this phase. Time billings would be based upon our standard hourly rates in effect at the time services arc provided. A copy of our current rate schedule is attached. Reimbursable costs ir.curred in connection with the services we will be providing will be billed at 1.1 times our direct cost. Reimbursable costs include charges for document reproduction, photography, postage and courier services (including overnight delivery), long distance telephone calls and faxes, and expenses related to out of town travel(includes travel time billed at our standard hourly rates, plane fare, taxi/car service, car rental, parking, overnight lodging, meals etc.). S 1133 Connecticut Avenue, N.W., Suite 800, Washington, C.C. 2CO3o ((702) 862-0777 5 CC Texas Commerce Bank Tower. 201 Main Scree:, Fort Worth.Texas 7610; ;3:7)339-1 133 5X-3 OPV ':E: 333 q '?'=41 i-, ' .. .,,�.. _� ,. _ �_�.`+. _ ;ups . .. �� =. J Mr. Ron Harper September 29, 1998 IDPage 2 Additional Services would consist of those services you request us to provide in connection with the project that are not part of the Conceptual Design Phase, and are not covered under Basic Services. Any Additional Services you require would be billed at our standard hourly rates in effect at the time such services are provided. . We will require an initial payment upon execution of our Agreement that will be credited toward the final payment for Basic Design Services. If the services and fee arrangements outlined above and in the attached matrix are acceptable, we will prepare an Owner-Design Architect Agreement for your review and execution. We will forward you a draft copy of the Agreement as soon as possible, hopefully by weeks end. We look forward to working with the City of Southlake on this important project. Feel free to contact me if you have any questions. Sincerely, David M. Schwarz/ Architectural Services, Inc. • By Michael C. Swartz cc David Schwarz enclosure S . : 5X-4 . FP .- ... ';93 d :`'itXlgA';C.+..-EC TUA..- -E YICE �i�. , �; fn i/ tV L11 M. Jl..i i tl.(.. ARCHITECTURAL SERVICES, INC. S DAVID M. ScHwARZ/ARCHITECTURAL SERVICES, INC. SCHEDULE OF HOURLY BILLING RATES PRINCIPAL $235.00 ARCHITECTURAL STAFF LEVEL 1 150. 00 ARCHITECTURAL STAFF LEVEL 2 130. 00 ARCHITECTURAL STAFF LEVEL 3 95 . 00 ARCHITECTURAL STAFF LEVEL 4 80.00 ARCHITECTURAL STAFF LEVEL 5 67.00 ARCHITECTURAL STAFF LEVEL 6 60. 00 ARCHITECTURAL STAFF LEVEL 7 55.00 ARCHITECTURAL STAFF LEVEL 8 48.00 ARCHITECTURAL STAFF LEVEL 9 40.00 S ADMINISTRATIVE STAFF LEVEL 1 50.00 ADMINISTRATIVE STAFF LEVEL 2 40.00 CADD WORK STATION 30.00* Reimbursable expenses (transportation, xerox, printing, photography, plats, etc. ) will be billed at 1. 1 times cur costs or as stipulated in contract. * CADD system charge is in addition to operator rate. The above rates shall remain in effect through 30 Septemter 1998 . Rates subject to annual adjustment beginning 1 October 1998. 1133 Connecticut Avenue, N_W., Suite aCC, Washington. D.C. 20036 (202) 862-0777 il6 0 ex,s Commerce Bank Tcwer. :0: Main Scheer,For;Worth,Texas 76102 (817)339.w • 5X-5- • ATTACHMENT: APPENDIX A Matrix of Responsibilities A-R = Architect of Record, Urban Architecture P=Primary Southiake Town Hall D-A = Design Architect, David M. Schwarz s=Support October 1, 1998 Architectural Services, Inc. r=Review x=None REF.- TASK RESPONSIBILITY A-A D-A Conceptual Design Phase CND.1 Obtain and review site survey, property lines, site areas and plot ratio, P r setback or easement requirements, site geology, grade elevations, existing structures,utility services and drainage, and phasing strategies. CND.2 Obtain, review and incorporate local zoning, planning, building and life P r safety code requirements. .CNO.3 Obtain, review and incorporate site traffic studies, ingress and egress P r requirements, service and fire truck routes and access to the building. CND.4 Evaluate Owner program and other technical requirements as they relate P r ® to issues of: 1) Occupant load and their implication in vertical transportation and toilet requirements, 2) Structural concepts and their corresponding impact on floor plate sizes, core design and exterior curtain wall design, and 3) HVAC and telecommunication requirements and their corresponding impact on core design and overall organization of the building. CND.5 Code Analysis including egress, life safety and other building code P r requirements and their corresponding impact on core design and overall organization of the building. CND.6 Confirm parking requirements. P r CND.7 Advise Owner of the needs for additional technical consultants not P r included in this proposal. OND.8 Provide Design Team project management. P x CND.9 Produce document phasing schedule, defining contract responsibilities for P s design consultants and required Owner approval time line to meet agreed-upon project completion date. CNO.10 Meeting Agenda P s • CND.11 Participate in all normal Owner design review meetings and design team P P work sessions. 5X-6 V ..,-, Matrix of Responsibilities 0 Southlake Town nail REF.# TASK RESPONSIBILITY A-A D-A CNO.12 I Meeting Minutes P s CND.13 Program Test Ft: preliminary plan layouts to verify that Project Program s P can be accommodated within targeted gross square footage. CND.14 Conceptual Design Studies: preliminary plan layouts studying alternate r P arrangements of major program elements including core elements, internal circulation, building footprint,and massing. CND.15 Review and comment on Conceptual Design Phase cost estimate P x prepared by Construction Manager. CND.16 Review and comment on Conceptual Design Phase cost estimate for x P those elements designed, or to be designed, by D-A. Schematic Design Phase S SD.1 Review and coordination of the work of all consultants under contract to P x the A-R, along with coordination of consultants work with that of the D-A. SD.2 Overall Project management of Design Team. P x SD.3 Meeting Agenda P s SD.4 Participate in ail normal Owner design review meetings and design team P P work sessions. SD.5 Meeting Minutes P s SD.6 Develop area,adjacency, and specific dimensional requirements for all P r MEP areas within and adjacent to building; including core areas. SD.7 Structural, mechanical, electrical, and plumbing systems integration P r studies. SD.8 Respond to D-A's inquiries regarding issues related to building code and P x technical requirements pertaining to Project. SD.9 Review of D-A documents for compliance with applicable codes and P x regulatory requirements and notification of D-A in writing of those items requiring modification to achieve compliance. S SD.10 Review of D-A's work product with respect to technical issues related to P x Project, including MEP and structural requirements. Communicate to D-A any necessary adjustments required to D-A's work product for technical Page 2 5X-7 Matrix of Responsibilities fa Southlake Town Hall . REF.# TASK RESPONSIBILfiY A-R D-A requirements coordination. SD.1 1 Incorporate A-R's comments regarding code and technical issues into D- x P A's work product. SD.12 Based upon D-A's preliminary schematic plans,format and issue base P x plan backgrounds to consultants. SD.13 Building (architectural) site plan r P .SD.1 4 Architectural floor plans of core and shell areas.at all levels including r P spaces listed in DD.18 as well as dimensional control at cores and perimeter. • SD.15 Structural, mechanical, electrical,and plumbing plans P r SD.16 Exterior building elevations with material indications r P S SDI 7 Building Sections r P • SD.18 Preliminary listing of finish materials r P SD.19 Outline Specifications P r SD.20 Building area calculations r •P SD.21 Interior FFBE P • x SD.22 Schematic master plan incorporating Town Hall. P r SD.23 Review landscape design prepared by Landscape Architect for r P consistency with architectural design intent of Project and surrounding context. Provide comments, in written and/or graphic form,to Owner,A- R, and Landscape Architect. SD.24 Prepare and submit Schematic design-package,which includes the P s completed Schematic Design requirements of Design Architect,for review and approval by.the Owner. . SD.25 Review and comment on Schematic Design Phase cost estimate P x prepared by Construction Manager and advise the Owner of the • implication of the Schematic Design proposal with regard to approximate cost and schedule, and inform the Owner of any required major decisions. SSD.26 Review and comment on Schematic Design Phase cost estimate for x- P • those elements designed, or to be designed, by D-A. • Page 3 • 5X-8 rir- . . 0Matrix of Responsibilities Scuthlake Town Hall , . REF.# TASK RESPONSIBILITY. A-R D-A DD.1 Review and coordination of the work of all consultants under contract to P x the A-R, along'with coordination of consultants work with that of the 0-A. D0.2 Overall project management_of Design Team. P x DD.3 Meeting Agenda P s DD.4 Participate in all normal Owner design review meetings and design team P P work sessions. - ' DD.5 Meeting Minutes P s D0.6 Respond to D-A's inquiries regarding issues related to building code and P x technical requirements pertaining to Project. D0.7 Review of 0-A documents for compliance with applicable codes and P x regulatory requirements and notification of D-A in writing of those items IIIrequiring modification to achieve compliance. DD.8 Review of D-A's work product with respect to technical issues related to P x . Project, including MEP and structural requirements. Communicate to D-A . any necessary adjustments required to 0-A's work product for technical - requirements coordination. D0.9 Incorporate A-R's comments regarding cede and technical issues into D- r P A's work product. D0.10 Further develop area and adjacency requirements for all MEP area's within P r and adjacent to building. DD.11 Parking requirements. P r DD.12 Architectural floor plans of core and shell areas at all levels including , r P spaces listed in DD.20 as well as dimensional control at cores and perimeter. D0.13 Structural, mechanical, electrical, and plumbing plans. P r 00.14 Exterior building elevations, elevation details,and material indications. r P D0.15 Building Sections , , r P • D0.16 Exterior wall profiles indicating size, shape and location of such element .s P as copings, cornice treatments, lintels, sills, band courses, and trim pieces. Page 4 - .5X-9 Matrix of Responsibilities Southlake Town Mall . el REF:# TASK RESPONSIBILITY A-R D-A 00.17 Wall Sections: P r Technical details of exterior enclosures. . DD.18 Interior elevations and detailing of surface treatments of.public spaces: r P • Street level public lobbies • * Council Chambers , * Court Room * Typical upper floor elevator lobby * Typical passenger elevator cab * Typical restroom DD.19 Typical interior elevations and detailing of surface treatments of areas not P • r listed in DD.20. DD.20 Reflected ceiling plans of areas listed in D0.20. r P S D0.21 Reflected ceiling plans of areas not listed in D0.20. P r DD.22 Color and materials selections for all exterior building finishes. (excluding r P landscape and paving elements) DD.23 ' Color and finish materials selections interior spaces listed in DD.20. r P DD.24 Color and finish materials selections for interior spaces not listed in ' P r D0.20. DD.25 Outline specifications. P r D0.26 Building area calculations P s D0.27 Interior FFBE P x DD.28 Site plan indicating landscape design, landscape details,site ingress and P x egress, drop-off arrangement. ' 00.29 Review landscape design prepared by Landscape Architect for ' x P consistency with architectural design intent of Project and surrounding context. Provide comments,in written and/or graphic form,to Owner,A- . R,and Landscape Architect. DD.30 Prepare and submit Design Development package, which includes the P s S completed Design Development requirements of Design Architect,for review and approval by the Owner. DD.31 Submit Design Development documents for preliminary pricing. P x Page 5 5X-10 1 Matrix of Responsibilities • Southlake Town Hall , REF.# TASK RESPONSIBILITY A-R D-A -DD.32 Review and comment on Design Development Phase cost estimate P x prepared by Construction Manager. D0.33 Review and comment on Design Development Phase cost estimate for x P those elements designed by D-A.. DD.34 Assist the Owner and project manager in determining the sub-division of P x the Project into sub-contract packages, such that work comprising the Project can be bid out in the best sequencing to enable quick construction. DD.35 Prepare submission of design documents to the Building Authority of the P x , City of Southlake, in order to obtain necessary site approvals. Construction Documents Phase CD.1 Upon receipt of Owner's written direction to proceed, provide coordinated P x • working drawings, details and specifications. CD.2 Provide architectural design intent clarifications to Architect of Record. r P CD.3 Review Contract Documents at 50%, 75%,and 100%completion for r P consistency with architectural design intent. ForNard comments to Owner; copy comments to Architect of Record. CD.4 Presentation of construction documents to Owner. P x CD.5 Coordination of relevant certifications required by approval agencies P x having jurisdiction over the Project. CD.6 Review and comment on Contract Documents Phase cost estimate P x prepared by Construction Manager. CD.7 Review and comment on Contract Documents Phase cost estimate for x P those elements designed by D-A. Bidding or Negotiation Phase BN.1 Assist the Owner in the Bid and Negotiation phases of the Project, P x -" including: • Overall project management of Design Team. . IIIAssistance with construction contracts. - Obtain the Owner's instructions regarding the acceptance of tenders. Page 6 5X-11 . Matrix of Responsibilities Southlake Town Hall r REF.# TASK RESPONSIBILITY ' A-R D-A BN.2 If required by Owner,revise plans and specifications to reduce cost. P r l BN.3 Provide clarifications to bidders regarding intent of Contract Documents P x and review proposed substitutions or alternates for conformance with requirements of Contract Documents. ' BN.4 Provide clarifications regarding architectural design intent and review r • P . proposed substitutions or alternates for conformance with architectural • design intent. Contract Administration Phase CA.1 If it is necessary to begin construction before building permits, obtain the P x ' consent to commence work from the Building Authority. CA.2 Assist in obtaining building permit. P x S CA.3 Make periodic visits to the site (not to exceed an average of 2 times/wk.) P x and perform architectural construction observation and review. CA.4 Make selected visits to the site ( a maximum of_visits) to determine x P whether construction is proceeding in accordance with architectural design intent. S , CA.5 Shop drawing organization, processing, review, 8 approval. P x CA.6 Review relevant shop drawings, material finishes, and value engineering P x proposals for their conformance with_the contract documents. Such review may include shop drawings and sample finishes submittals,full- scale mock-ups and site review. CA.7 Aesthetic review of selected shop drawings and submittals for r P compliance with architectural design intent. CA.8 Prepare supplementary drawings for clarification. P x • CA.9 Provide clarifications regarding architectural design intent. r P CA.10 Prepare instruction bulletins and change orders. P S . . • Page 7 5X-12 11110 HOURLY BILLING RATE AND REIMBURSABLE SCHEDULE UAD Doc. 98/1 PRINCIPAL: • $120.00 ASSOCIATE PRINCIPAL: $100.00 MI� SENIOR PROJECT LEADER: $ 85.00 PROJECT LEADER: $ 75.00 INTERN: $ 60.00 TECHNICAL SUPPORT STAFF: $ 45.00 PROFESSIONAL CONSULTANTS: -1.2 times Total Fees REIMBURSABLE EXPENSES: 1.2 times Total Expenses • NOTE: Reimbursable expenses are in addition to compensation for basic and additional services and include actual expenditures made by Architects, staff or professional consultants in the interest of the project.These expenses are defined as the following: 1. Costs of transportation and lodging while traveling in connection with the Project;long distance calls and telegrams,and fees paid for securing aperovai f authorities having jurisdiction over the croiect. 2. if authorized in advance by the Owner, expense of overtime work 'requiring higher that regular rates and expense f renderings or models for the Owners use. 3. Fees for deliveries, postage and handling of drawings, specifications, and other documents, and outside reproductions, faxing and in-house reproductions at the following prices: Computer plots^$7.00 per sheet Xerox copies _) 5.23 per copy Large scale Xerox copies 5.25 per square foot 24x36cost-31.50 30 x 42 cost-52.20 Color copies (81/2 x 11) ^a_,$1.00 per copy Large scale color copies @ $5.00 per square foot 24 x 36 cost-530.00 30 x 42 cost-543.75 Fax copies (transmission only) 31.00 per page •. prcdccs`wccosa`;93-g6138-1.dcc • 5X-13 1 City of Southlake, Texas I IIIII MEMORANDUM October 1. 1998 To: Curtis E. Hawk, City Manager From: Ron Harper, Deputy Director of Public Works Subject: Authorize the Mayor to enter into a professional services agreement with Urban Architecture for the design of Town Hall _ On August 18, 1998, City Council authorized staff to negotiate a contract with Urban Architecture and David Schwarz / Architectural Services for design services for Town Hall. Over the past six weeks staff has been discussing the scope of services for this project and the division of labor for each of the design firms. An agreement has been reached regarding these issues. Attached is a copy of the Matrix of Responsibilities agreed to 411° by the design firms and reviewed and accepted by staff. The proposed fee for the services offered by Urban Architecture is $900,000. This amount includes $210,000 for the specialty engineering subconsultants and $190,000 for interior design and fixtures, furnishing and equipment (FF&E) services. The FF&E has been separately identified because the City may not require these services of this consultant. Reimbursable expenses are estimated to be in the range of 10% of the total fee of$900,000 ($90,000). Urban has agreed to cap the reimbursables and receive City authorization prior to the expenditure of any reimbursable expense (excepting postage, fax, copies, etc.) Major items such as travel, plan reproduction, courier service, etc. shall be pre-approved. The City Attorney has prepared a contract, which has been accepted by Urban Architecture with some minor language changes. These changes are being reviewed by our attorneys. Staff eco .d ,ends that the Vlayor be authorized to sign a contract with Urban Ar it-ct , as subject to the final approval by the City Attorney. deb RH/ . 00 Attachment: Matrix of Responsibilities 5Y-1 • Dctober 1, 1998 i; Mr. Ron Harper City of Southlake Deputy Director of Public Works/City Engineer 1725B E. Southlake Blvd. Southlake,Texas 76092 Re: Southlake Town Hall Proposal • • Dear Ron, • Urban Architectures is pleased to present this Proposal for Design and Construction Services for the new Southlake Town Hall as the Architect of Record. Attached are two copies of the signed proposal. !f you should have any questions concerning the information contained in this proposal please,call to discuss concerns. We are excited about the project at hand and look forward to your written notification of acceptance. _ Sincerely, Michael Murray Principal-in-Charge • • • • • 5Y-2 • Proposal for Design Er Construction Drawing Services for Southlake Town Hall/City of Southlake/Tarrant County Southlake,-Texas UAD #97130.00 October 1, 1998 PROJECT TEAM tc` • • S?• A. OWNER: The City of Southlake . '`• 667 North Carrcil Avenue 1 ` i 1. ; • Southlake, Texas 76092 Attn.: Mr. Curtis Hawk Tel: (817) 481-5581 Fax: (817) 488-5097 7001 Preston Road Suite 210,LB 12 Dallas,Texas 75205 Tel 214.522.3494 B. ARCHITECT OF RECORD: UAD, Inc. dba Urban Architecture Fax 214.522.8537 7001 Preston Road, Suite 210 Dallas, TX 75205-1156 Attn.: Mr. Michael Murray Tel: (214) 522-8494 • Fax: (214) 522-8537 C DESIGN ARCHITECT: David M. Schwarz/ Architectural (NIC) Services, Inc. (DMS/AS) 1133 Connecticut Ave, NW Suite 800 Washington, D.C. 20036 • Attn.: Mr. Michael Schwartz Mr. David Schwarz Tel: (202) 862-0777 Fax: (202) 331-0507 D. STRUCTURAL ENGINEERS: • Brockette Davis Drake, Inc. 4144 North Central Expressway Suite 1100 Dallas, TX 75204 Attn.: Mr. Richard Ballou Tel: (214) 324-3647 Fax: (214) 824-2586 E. M.E.P ENGINEERS: BLP Et Associates 4144 North Central Expressway Suite 400 Dallas, TX 75204 Attn.: Mr. Shannon McCall Tel: (214) 824-5559 Fax: (214) 824-5848 97130-00/southlake/town hail 5Y-3 • • Proposal for Design Services for Southlake Town Hall Southlake,Texas UAD #97130.00 • Page 2 F. CIVIL ENGINEERS: Brockette Davis Drake, Inc. ., 4144 North tn Cen al Expressway 3 Suite 1100 Dallas, TX 7204 Attn.: Mr. Glenn Hitt Tel: (214) 824-3647 • Fax: (214) 824-2586 G. ACOUSTICAL ENGINEER • Wrightson, Johnson, Haddon, and Williams, Inc. 13714 Gamma Road Suite 110 Dallas,TX 75244 Attn.: Mr. Chris Williams Tel: (972) 934-3700 • H. PROJECT SCOPE Fax: (972) 934-3720 _ Provide professional services as outlined in this proposal for the • construction documentation for the proposed Southlake Town Hall.The building will house City Hall and Tarrant County administration space,and is currently programmed for a 76,000 square foot building containing uses including office space, council chamber, court mom, library, conferencing center arc public offices. The Architectural services prv,ded are based on David M. Schwarz/Architectural Services (DN1SAS) as the Design Architect (NIC) and Urban Architecture as the Architect of Reccr i.This proposal assumes that this project will be "fast track staged construction"due to the aggressive schedule proposed and that the project documentation will be issued in phased multiple bid packages. Construction for shell building and interior finish design and furniture,fixtures, and equipment (FFi7E) will be described in these documents. • 5Y-4 • • Proposal for Design Services for Southlake Town Hall Southlake,Texas UAD #97130.00 Page 3 II. SCOPE OF SERVICES (Architect of Record, Urban Architecture) 0 Whether specificaly stated or not, the Architect of Record will be relying on the availability of information from the Design Architect, outlined in Section III Qualifications. These services cannot be provided without timely and complete services provided by the Design Architect. The Owner will be notified when the schedule for delivery of information from the Design Architect delays the provision of these services.A detailed breakdown of project responsibilities of the Design Architect and Architect of Record are outline in Appendix A of this proposal. • A. ConceptuaVPre-Design Services of the Architect provided prior to and preceding the customary Basic Services, including services to assist the Owner in establishing the program, financial and time requirements and limitations for the Project. (Rer. ApcendirA, CND) • B. Schematic Design ® The phase of the Architect's services in which the Architect consults with the Owner to ascertain the requirements of the Project and prepares Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of the Project components for approval by the Owner. The Architect also submits to the Owner a preliminary estimate of Construction Cost based on current area,volume or other unit costs. (Set Appendix A, SO) C. Design Development The phase of the Architect's services in which the Architect prepares from the approved Schematic Design Studies the Design Development Documents, for submission to the Owner for the Owner's approval. (Set Apcendi.rA, OD) D. Construction Documents The phase of the Architect's services in which the Architect prepares the Construction Documents from the approved Design Development Documents and assists the Owner in the preparation of the Bidding Documents. (Set Appendix A, CD) E. Bidding and Negotiation The phase of the Architect's services during which competitive bids are 411 sought as the basis for awarding a contract. (Ref'ApoendixA, SN) 5Y-5 • • Proposal for Design Services for Southlake Town Hall Southlake,Texas UAD #97130.00 Page 4 F. Contract Administration sf The phase of the Architect's services which includes the Architect's general j administration of:he Construction Contract(s). These services include reviewing and certifying amounts due to the Contractor, approving Contractor's submittals, preparing Change Orders, and conducting site • inspections to determine dates of Substantial Completion and Final Completion. (Set Appendix A, CA) III. QUALIFICATIONS A. The following information in conjunction with Appendix A is to be provided to the Architect of Record by DMS/AS (Design Architect) through Appendix A of this document. B. This proposal further specifically excludes the following: • • I. Models or professional renderings. 2. Any specialty consultants not listed herein. 3. Soil testing/geotechnical analysis C. • All revisions to documents or revision's to design stages previously approved, if requested,will be billed as additional services. D. In preparing construction documents, Urban Architecture will be relying upon the pricing strengths of the General Contractor (Construction Manager). If final bids should come in more than 10%above budget, the project team reserves the right to receive additional services for drawing revisions, if necessary. E. Fees for TAS/ADA plan review/submittal and inspection are not included in this proposal. F. Construction Observation is provided at a level to adequately monitor the progress, quality, etc. It is not provided as an exhaustive inspection service, construction management, tenant coordination, or Owner Representation. • 5Y-6 • Proposal for Design Services for Southlake Town Hall Southlake,Texas UAD #97130.00 Page 5 IV. • COMPENSATION r ; A 00, CG Cons::1:cton • : rrEE.) Archi:ec`u.sl 3500.O00.00 5.00% Irte FF&E 5120,n00.00 1.20% [Er[ 00 7 !1J 392,000.00 • M.E,, . S49,O0'0.00 17 200.130 • • 34 30G 00 7.300.00 ccs�r . ,:a{.. .... 3210,000. .10°0 ® Total S 900,000.00 9.00% B. COMPENSATION FOR OPTIONAL OR ADDITIONAL SERVICES: In the absence of any other agreement;Optional Services will be billed as outlined in the attached UAD Document 98/1 "Schedule for Services- Hourly Time-Card Basis". Optional Services will be performed only if(1) requested by the Owner in writing or (2) required by circumstance beyond the control of the Architect. C. COMPENSATION FOR REIMBURSABLE EXPENSES: 1. The Owner will reimburse the Architect, as outlined in UAD Document 98/1 - "Schedule for Services-Hourly time-Card Basis" for the cost of travel, reproductions for progress printings and • required submittals, photographs, long distance telephone, postage, shipping and delivery associated with the various phases of this project. 2. Reimbursable expenses outlined above estimated at 10%of the Architectural/Consultant fee totaling$90,000.00. 3. Expenses for five trips to Washington D.C.for the purpose of design coordination to be billed separately. Estimated cost per 2 day trip is $2,400.00. (estimated 5 trips total) 4. Back-up data will be provided for reimbursable expenses invoiced 111 under this agreement with monthly statements. 5Y-7 • Proposal for Design Services for Southlake Town Hall Southlake,Texas UAD #97130.00 Page 6 D. TERMS AND CONDITIONS Payment is due within thirty (30) days of the invoice date and interest will ! '. accrue at 1'i2% per month after 30 days. Interest charges will be waived on payments received within sixty (60) days of the invoice date. Monies not paid under this Agreement shall bear interest at the rate of 18%per annum from this due date. Payment of invoices under this Agreement does not constitute approval of plans or specifications. Architect consents to the assignment of this Agreement to entities related to the Owner and/or lenders of the Owner so long as Architect is paid for Architect's services rendered under this Agreement. E. FORM OF AGREEMENT: Urban Architecture and the Owner will execute an Owner-Architect Agreement specific to the terms of this proposal. SF. TERMS OF CONTRACT: "The Texas Board of Architectural Examiners, PO Box 12337,Austin,Texas 78711-2337 or 333 Guadeloupe, Suite 2-350,Austin, Texas 78701-3942, (512) 305-9000, has jurisdiction over individuals licensed under the [Architects] Registration Law,Texas Civil Statutes, Article 249_." G. FIDUCIARY RESPONSIBILITY: Client confirms that neither consultant nor any of consultant's subconsultants or subcontractors has offered any fiduciary service to client and no fiduciary responsibility shall be owed to client by consultant or any of consultant's subconsultants or subcontractors, as a consequence of • consultant's entering into this agreement with client. PROPOSED BY: the Architect of Record %/IZ4111 / •o! • cr� UAD,INC., d.b.a. URBAN ARCHITECTdRE Date Michael J. Murray Principal ACCEPTED BY: City of Southlake Date • • 5Y-8 • ATTACHMENT: APPENDIX A Matrix of Responsibilities A-R = Architect of Record, Urban Architecture P=Primary Southlake Town Hall D-A = Design Architect, David M. Schwarz s=Support October 1, 1998 Architectural Services, Inc. r=Review x=None • REF.# TASK RESPONSIBILITY A-R D-A Conceptual Design Phase • CND.1 Obtain and review site survey, property lines, site areas and plot ratio, P r setback or easement requirements, site geology, grade elevations, existing structures,utility services and drainage,and phasing strategies. CND.2 Obtain,review and incorporate local zoning,planning, building and life .P r safety code requirements. CND.3 Obtain, review and incorporate site traffic studies, ingress and egress P r • • requirements, service and fire truck routes and access to the building. CND.4 Evaluate Owner program and other technical requirements as they relate P r • to issues of: 1) Occupant load and their implication in vertical transportation and toilet requirements, 2) Structural concepts and their corresponding impact on floor plate sizes, core design and exterior curtain wail design,and 3) HVAC and telecommunication requirements and their corresponding impact on core design and overall organization of the building. . CND.5 Code Analysis including egress, life safety and other building code P r requirements and their corresponding impact on core design and overall organization of the building. CND.6 Confirm parking requirements. P r CND.7 Advise Owner of the needs for additional technical consultants not P r included in this proposal. CND.8 Provide Design Team project management. P x CND.9 Produce document phasing schedule, defining contract responsibilities for P s design consultants and required Owner approval time line to meet agreed-upon project completion date. CND.1 O Meeting Agenda P s _ CND.11 Pericipate in all normal Owner design review meetings and design team P P • work sessions. • 5Y-9 Matrix of Responsibilities ® Southlake Town Hail REF.# TASK RESPONSIBILITY A-R D-A CND.12 Meeting Minutes P s CND.13 Program Test Fit: preliminary plan layouts to verify that Project Program s P can be accommodated within targeted gross square footage. CND.14 Conceptual Design Studies: preliminary plan layouts studying alternate r P arrangements of major program elements including core elements, internal circulation, building footprint,and massing. CND.1 5 Review and comment on Conceptual Design Phase cost estimate P x prepared by Construction Manager. CND.16 Review and comment on Conceptual Design Phase cost estimate for x P those elements designed, or to be designed, by D-A. Schematic Design Phase S SD.1 Review and coordination of the work of all consultants under contract to p x the A-R, along with coordination of consultants work with that of the D-A. SD.2 Overall Project management of Design Team. P x SD.3 Meeting Agenda P s SD.4 Participate in all normal Owner design review meetings and design team P P work sessions. SD.5 Meeting Minutes P s SD.6 Develop area, adjacency, and specific dimensional requirements for all P r MEP areas within and adjacent to building;including core areas. SD.7 Structural, mechanical, electrical, and plumbing systems integration P r studies. SD.8 Respond to 0-A's inquiries regarding issues related to building code and P x technical requirements pertaining to Project. SD.9 Review of D-A documents for compliance with applicable codes and P x regulatory requirements and notification of D-A in writing of those items requiring modification to achieve compliance. S SD.10 Review of D-A's work product with respect to technical issues related to p x Project, including MEP and structural requirements. Communicate to D-A any necessary adjustments required to D-A's work product for technical Page 2 5Y-10 Matrix of Responsibilities Seuthlake Town Hall REF.# TASK RESPONSIBILITY A-R D-A requirements coordination. SD.11 Incorporate A-R's comments regarding code and technical issues into D- x P A's work product. S0.12 Based upon D-A's preliminary schematic plans,format and issue base P x plan backgrounds to consultants. SD.13 Building (architectural) site plan r P SD.14 Architectural floor plans of core and shell areas at all levels including r P spaces listed in DD.18 as well as dimensional control at cores and perimeter. SD.15 Structural, mechanical, electrical,and plumbing plans P r SD.i 6 Exterior building elevations with material indications r P S0.17 Building Sections r P ® SD.1 B Preliminary listing of finish materials r P SD.19 Outline Specifications P r S0.20 Building area calculations r P S0.21 Interior FFSE P x SD.22 Schematic master plan incorporating Town Hall. P r SD.23 Review landscape design prepared by Landscape Architect for r P consistency with architectural design intent of Project and surrounding context. Provide comments, in written and/or graphic form,to Owner,A- R, and Landscape Architect. S0.24 Prepare and submit Schematic design package,which includes the P s completed Schematic Design requirements of Design Architect, for review and approval by the Owner. SD.25 Review and comment on Schematic Design Phase cost estimate P x prepared by Construction Manager and advise the Owner of the implication of the Schematic Design proposal with regard to approximate cost and schedule, and inform the Owner of any required major decisions. SD.26 • Review and comment on Schematic Design Phase cost estimate for x P those elements designed, or to be designed, by D-A. Page 3 5Y-11 Mat:ix of Responsibilities Snu-hlake Town Hall 0 REF.# TASK RESPONSIBILITY A-R D-A DD.1 Review and coordination of the work of all consultants under contract to P x the A-R, along with coordination of consultants work with that of the D-A. DD.2 Overall project management of Design Team. P x DD.3 Meeting Agenda P s DD.4 Participate in all normal Owner design review meetings and design team P P work sessions. DD.5 Meeting Minutes P s DD.6 Respond to D-A's inquiries regarding issues related to building code and P x technical requirements pertaining to Project. DD.7 Review of D-A documents for compliance with applicable codes and P x regulatory requirements and notification of D-A in writing of those items IIIrequiring modification to achieve compliance. DD.8 Review of D-A's work product with respect to technical issues related to P x Project, including MEP and structural requirements. Communicate to D-A any necessary adjustments required to D-A's work product for technical requirements coordination. DD.9 Incorporate A-R's comments regarding code and technical issues into 0- r P A's work product. DD.10 Further develop area and adjacency requirements for ail MEP areas within P r and adjacent to building. DD.11 Parking requirements. P r • DD.12 Architectural floor plans of core and shell areas at all levels including r P spaces listed in DD.20 as well as dimensional control at cores and perimeter. DD.13 Structural, mechanical, electrical, and plumbing plans. P r DD.14 Exterior building elevations,elevation details,and material indications. r P DD.15 Building Sections r P S 00.16 Exterior wall profiles indicating size, shape and location of such elements s P as copings, cornice treatments, lintels,sills, band courses, and trim pieces. Page 4 5Y-12 Matrix of Responsibilities • Scuthiake Town Hall REF.# TASK RESPONSIBILITY A-R D-A DD.17 Wall Sections: P r Technical details of exterior enclosures. DO.18 Interior elevations and detailing of surface treatments of public spaces: r P * Street level public lobbies * Council Chambers * Court Room * Typical upper floor elevator lobby * Typical passenger elevator cab * Typical restroom D0.19 Typical interior elevations and detailing of surface treatments of areas not P r listed in DD.20. DD.20 Reflected ceiling plans of areas listed in DD.20. r P • DD.21 Reflected ceiling plans of areas not listed in D0.20. P r DD.22 Color and materials selections for all exterior building finishes. (excluding r P landscape and paving elements) DD.23 Color and finish materials selections interior spaces listed in DD.20. r P DD.24 Color and finish materials selections for interior spaces not listed in P r DD.20. D0.25 Outline specifications. P r DD.26 Building area calculations P s D0.27 Interior FFBE P x D0.28 Site plan indicating landscape design, landscape details,site ingress and p x egress, drop-off arrangement. OD.29 Review landscape design prepared by Landscape Architect for x P consistency with architectural design intent of Project and surrounding context. Provide comments, in written and/or graphic form, to Owner,A- R, and Landscape Architect. DD.30 Prepare and submit Design Development package,which includes the P s completed Design Development requirements of Design Architect,for IIIreview and approval by the Owner. DD.31 Submit Design Development documents for preliminary pricing. P x Page 5 5Y-13 Matrix of Responsibilities Southlake Town Hail REF.# TASK RESPONSIBILITY A-R D-A DD.32 Review and comment on Design Development Phase cost estimate P x prepared by Construction Manager. DD.33 Review and comment on Design Development Phase cost estimate for x P these elements designed by D-A.. DD.34 Assist the Owner and project manager in determining the sub-division of P x the Project into sub-contract packages, such that work comprising the Project can be bid out in the best sequencing to enable quick construction. DD.35 Prepare submission of design documents to the Building Authority of the P x City of Southlake, in order to obtain necessary site approvals. Construction Documents Phase CD.1 Upon receipt of Owner's written direction to proceed, provide coordinated P x • working drawings,details and specifications. CD.2 Provide architectural design intent clarifications to Architect of Record. r P CD.3 Review Contract Documents at 50%, 75%,and 100%completion for r P consistency with architectural design intent. ForNard comments to Owner; copy comments to Architect of Record. CD.4 Presentation of construction documents to Owner. P x CD.5 Coordination of relevant certifications required by approval agencies P x having jurisdiction over the Project. CD.6 Review and comment on Contract Documents Phase cost estimate P x prepared by Construction Manager. CD.7 Review and comment on Contract Documents Phase cost estimate for x P those elements designed by D-A. Bidding or Negotiation Phase BN.1 Assist the Owner in the Bid and Negotiation phases of the Project, P x including: Overall prcject management of Design Team. ® Assistance with construction contracts. Obtain the Owner's instructions regarding the acceptance of tenders. Page 6 5Y-14 Matrix of Responsibilities Southlake Town Hall • REF.# TASK RESPONSIBILITY A-R D-A BN.2 If required by Owner, revise plans and specifications to reduce cost. P r BN.3 Provide clarifications to bidders regarding intent of Contract Documents P x and review proposed substitutions or alternates for conformance with requirements of Contract Documents. BN.4 Provide clarifications regarding architectural design intent and review r P proposed substitutions or alternates for conformance with architectural design intent. Contract Administration Phase CA.1 If it is necessary to begin construction before building permits, obtain the P x consent to commence work from the Building Authority. CA.2 Assist in obtaining building permit. P x S CA.3 Make periodic visits to the site (not to exceed an average of 2 times/wk.) P x and perform architectural construction observation and review. CA.4 Make selected visits to the site ( a maximum of visits) to determine x P whether construction is proceeding in accordance with architectural design intent. CA.5 Shop drawing organizaticn, processing, review, Et approval. P x CA.6 Review relevant shop drawings, material finishes, and value engineering P x proposals for their conformance with_the contract documents. Such review may include shop drawings and sample finishes submittals,full- scale mock-ups and site review. CA.7 Aesthetic review of selected shop drawings and submittals for r P compliance with architectural design intent. CA.8 Prepare supplementary drawings for clarification. P x CA.9 Provide clarifications regarding architectural design intent. r P CA.10 Prepare instruction bulletins and change orders. P III Page 7 5Y-15 ® HOURLY BILLING RATE AND REIMBURSABLE SCHEDULE UAD Doc. 93/1 PRINCIPAL: S120.00 ASSOCIATE PRINCIPAL: 3100.00 SENIOR PROJECT LEADER: • 3 35.00 PROJECT LEADER: S 75.00 INTERN: $ 60.00 TECHNICAL SUPPORT STAFF: S 45.00 PROFESSIONAL CONSULTANTS: 1.2 times Total Fees REIMBURSABLE EXPENSES: 1.2 times Total Expenses expenses are in addition to compensation for basic and additional services and :PC.LC: a_:..a, expenditures made by Architects, staff or professional consultants in the irteres: . t• sot. These expenses are defined as the following: transportation end lodging ;i"!ie travei;ng In connection with :ne ors-a _"g c:s:ence cans end telegrams, and fees paid for securing 3oorc;a of a advance �d _ �... _. ___ n ,. i8. by The Owner. ?:<cens„ of over-time work reyLir."C regLiar rates coo expense of tancerings or models for the Owner s 3. Fees ft- convenes, postage and handling of drawings, specifications, and other ccc:.merts, end outside reproductions, `axing and in-house reproductions at:he prices: n _,("CUi°r plots = 3 .l:V Car$nc_: ox..ogles 133 :er coo, ;e scale Xerox copies a 3.26, cer sCLare foot 24 d 36'cost- S1.50 .:u x 42 cost 32.2G _::or copies ;di_x 1'I 31.00 per cop`/ • _erga scale color copies 'ED 35.00 per square foot 24:<36 cost-330.00 3C.<42 cost- 3t3.75 =s.x :poles (transmission cnlyl _ 31.00 per cage S pr:"c. 5Y-16 City of Southlake,Texas MEMORANDUM SOctober 2, 1998 TO: Curtis E. Hawk, City Manager FROM: Shelli Siemer,Assistant to the City Manager SUBJECT: Presentation of recommendations from the Joint Drug and Alcohol Awareness Committee. The Joint Drug and Alcohol Awareness Committee, created by the City Council and C.I.S.D. Board of Trustees in September 1997,was given one year to develop recommendations for the two governing bodies. The mission of the committee was to recommend programs, initiatives, and action plans focusing on the goal of reducing drug and alcohol abuse by the youth of Southlake. The Committee has worked hard over the past year to develop their recommendations. The committee presented their recommendations to the C.I.S.D. Board of Trustees on Monday, September 21. Please place this item on the October 6, 1998 City Council agenda allowing the • Committee to present their recommendatio s to the City Council: Attachments: Committee Recommendations Results of the Parent Survey Results of the Student Survey • • 41) • Joint Drug & Alcohol Awareness Committee Recommendations to City Council and CISD .J ..,3. Mau a`•.-. ..1. 't'.»v a"`.S' �Y.^a. '^}'. •Su Rec rw r- ACtirin'Ste sata ;;�" • m R1 � br.:a��.�.,..v,.,...e . . ..........�._.. _�>._. � 1.5 Educating Youth Expand CISD Curriculum Review and strengthen K-6 education program Provide staff development training for drug&alcohol education Establish procedures to handle suspected drug&alcohol use at school Hire Licensed Chemical Dependancy Counselor(LCDC)for High School and Middle School Continue peer mediation at all campuses Redefine and strengthen the role of the DARE Officer and School Resource Officer Continue to survey students and parents Implement fair discipline for all students 1.875 Educating Parents Establish a Parent Network Develop a networking program for parents with the schools • Create a peer/parent support group Provide a mentoring program Provide parenting skills classes ` Develop life skills training program for students 7 Create a hot line for youth Provide child/parent workshop and activities 3—) 2 Educating Parents Wide Distribution of Educational Prepare newsletter to distribute educational materials to parents Information Prepare a resource book for parents Prepare and distribute informational brochures,posters and fliers 2.125 Educating Youth Continue and Expand Teen Appoint program coordinator for teen leadership Leadership Implement pre-teen leadership for 7th and 8th graders Continue teen leadership program at H.S. 2.25 Educating Parents Work with a number of Seek support and involvement from Southiake organizations including: PTO's,churches Organizations civic organizations,home owners associations,athletic leagues,Emerald Bells,etc. 2.625 Continue Continue Drug&Alcohol Form the committee to include 15 voting members: Committee Awareness Committee 2 CISD Board members;2 City Council members;1 member from ministers committee; 1 Chamber of Commerce member; 1 SYAC officer;1 LCDC; 1 Juvenile Justice System professional;1 Drug Prevention Program professional; 1 Federal DEA member;4 citizens at-large. v .. 4111 Joint Committee on Drug and Alcohol Awareness City of Southlake - Carroll ISD Parent Survey Results Survey Background • The Joint Committee on Drug and Alcohol Awareness, formed in September, 1997 by the City of Southlake and the Carroll Independent School District, identified the need to survey the community regarding their attitudes toward youth drug and alcohol use. This parent survey, developed and distributed by the Committee, was mailed on May 15 th to 2200 parents of 5th- 12th grade students of the Carroll I.S.D. The results of the parent survey will be compared to the results of a student survey (of 5th through 12th grade students) conducted earlier this year by the school district. The parent survey was intended to gauge substance abuse trends and the public attitudes toward the growing problem of youth using drugs and alcohol. A total of 901 completed surveys were returned, representing a 40.9% response rate. The survey consisted of 16 questions focusing on a variety of topical areas including the following: III • General information about the respondent; • Attitudes regarding tobacco, alcohol and drug use of children; • Awareness/approval levels; • Information about the physical effects; • Knowledge on the availability of drugs; • Attitudes about the acceptable level of alcohol consumption for adults. The survey asked questions regarding the parents' attitudes on each topic. This report summarizes the results of the attitudinal survey, but does not attempt to draw normative conclusions regarding the responses. The results will,however, give a general indication as to the attitudes and perceptions of parents with students between the 5th and 12th grades within the Carroll Independent School District. It is important to keep in mind that this was an informal survey developed to provide the committee guidance for recommending initiatives,programs and action plans to focus on the goal of reducing drug and alcohol abuse by the youth in the , community. The survey results were entered into a statistical software program (SPSS) that provides a tool to analyze the data. Once the statistical frequencies were calculated, the responses were verified to ensure there were no data entry errors made when coding the responses. Although some anomalies remain, the responses were checked and there could have been some misinterpretation in the survey questions by the respondents. S . . . . . cLLL , irr Parent Survey Results Joint Drug&Alcohol Awareness Committee 6/18/98 • The next two questions asked respondents to indicate how many school meetings and events they attend. The respondents were asked the questions "Does your family attend school meetings such as: PTO, Open House, etc?." A total of 38.8% report attending "a lot" of meetings and half of the respondents (50.1%) reported that they attend"some." There were 8.1%reporting that they do not attend many of the meetings. The remaining 2.6% of the respondents reported that they do not attend the meetings at all. Does your family attend school meetings such as: PTO, Open House, etc.?: 1414l�oi4o'me 9..' ..ucl . J 38.8 % 50.5 % 8.1 % 2.6 % The next question to determine the respondents' participation level in school activities received similar results. To-the question, "Does your family attend school events such as: music/drama programs, sports, etc.?", there were slightly over half(55.2%) of the survey respondents reporting their family attends "a lot" of the school events. The remaining responses are as follows: 36.2% attend some events, 6.6% do not attend many of the school events, and 2.0% do not attend any of the school events. Does your family attend school events such as: music/drama programs, sports events, • etc.?: . °A Iiot ^ rtSomg + IofMnc10 MOCATOM 55.2 % 36.2 % 6.6 % 2.0 % Attitudes Regarding Tobacco,Alcohol and Drug Use of Children: The next series of questions asked the respondents to report on their attitudes regarding their level of concern if their child(ren) or their child(ren)'s friends used tobacco, alcohol and/or drugs, and how much trouble their child(ren) would get into for substance abuse. Each question had the following possible responses: • A Lot(3), • Some (2), • Not Much (1), • Not at All (0). • 3 Parent Survey Results Joint Drug&Alcohol Awareness Committee 6/18/98 SThe survey responses on whether or not adults talk with their child(ren) about the dangers of substance abuse vary based on the type of substance in question. A total of 82.4%of the survey respondents indicated that they talk"a lot" to their child(ren) about the dangers of smoking cigarettes. Three-fourths (75.9%) of survey respondents discuss "a lot" about the dangers of getting drunk. A total of 74.4% of those responding to the survey reported that they talk to their children "a lot" about the dangers of using other drugs, and 68.9% talk to their children"a lot" about the dangers of using marijuana. The final question indicates that 51.7% of the respondents discuss "a lot" about the dangers of using inhalants such as glue or gas to their child(ren). A more detailed response rate is shown in the table below. I have talked with my child(ren) about the dangers of f ot; orom itmeratM i:1 smoking cigarettes 82.4 % 16.6 % 1.0 % 0 % getting drunk 75.9 22.2 1.7 0.2 using inhalants (glue, 51.7 32.0 12.6 3.7 gas) using marijuana 68.9 25.8 4.7 0.7 using other drugs 74.4 22.2 2.6 .9 The question regarding whether or not survey respondents approve of their child(ren) S serving/providing tobacco products, alcohol or drugs at a party in their own home received consistent response rates. As indicated in the table below a very strong majority of respondents do "not at all" approve of serving any type of substance at a party in their own home. I approve of my child(ren) serving/providing the following at a party in my home: =A.:Lot ;,,;Some.',‘ ',=,Not,,Much Nat;at All n . ... ✓.. .. „, ...a r•w ,P.A.«w «. '.,-L,:'te.«e.n:Yt,:'MIt.?t"a, beer or wine 1.2%0 0.4 % 0.9 % 97.4 % hard liquor 1.3 0 0.2 98.4 tobacco 1.3 0 0.8 97.9 marijuana 1.3 0 0.1 98.6 other drugs 1.4 0 0.1 98.4 The question about the survey respondents' level of awareness regarding their child(ren) using tobacco, alcohol, or drugs indicated that a strong majority of respondents do not believe their child has used any type of substance. The response rates are as follows: S 5 V . Parent Survey Results Joint Drug&Alcohol Awareness Committee 6/18/98 0 Information about Physical Effects: The next two questions ask respondents about their attitudes related to the physical effects on adolescents resulting from various levels of alcohol and marijuana use. When asked the question about how much harm is associated with adolescent drinking, survey respondents indicated that they believed the degree of harm increases as the level and frequency of the intake of alcohol increases. The survey responses are displayed in the following table. How much do you think adolescents hurt themselves (physically or otherwise) if they: _ALot of, Sol i gi e , �: `7 ' ,, use alcohol 1 or 2 times 41.2 %0 36.7 % 18.3 % 3.8 use alcohol on weekends 82.5 16.4 1.0 0.1 get drunk 1 or 2 times 77.4 19.9 2.5 0.2 get drunk on weekends 96.7 3.1 0.2 0 A slightly larger percentage of survey respondents indicated there is "a lot of harm" associated with the physical affects of marijuana use among adolescents. The table below reports the survey response rates. 0 How much do you think adolescents hurt themselves (physically or otherwise) if they: �A_L0iiit •,;Some; '.t V Lrttl""� = �Ta1HaCr- Harm m ,girt . :F."•F?Y�:. .� _ rm:.... •xIIQl�ffi;n�,3.�4ct-ti,'�rwlw.c ��k:,_'!y',gp•" use marijuana 1 or 2 times 63.7 % 27.9 % 6.6 % 1.7 % use marijuana weekly 95.1 4.3 0.6 0 use marijuana daily 98.9 0.9 0.2 0 use marijuana w/alcohol 98.5 1.4 0.1 0 use marijuana w/other 99.7 0.2 0.1 0 drugs Knowledge on the Availability of Drugs The survey instrument also asked respondent's to indicate their perception of the availability of drugs. The question asked "If your child(ren) wanted to, how difficult to you believe it would be to obtain:" alcohol, tobacco and drugs (see specific list below). Respondents were asked to rate each item according to the respondent's various level of beliefs from "very easy" to "impossible" to obtain. The survey instrument also asked to indicate if they have never heard of a particular drug. The drug referred to as "chromies" received almost half(450 out of 901 responses) of the survey respondents reporting they have never heard of the drug. On a similar note there were 113 0 City of Sonthlake—Carroll ISD %p Joint Committee on Drug and Alcohol Awareness` • 3 PARENT SURVEY dult answering survey: : Y Grandparent Mother Father Step-mother Step-father 'Other ❑ 0 0 0 0 0 Grade(s) of child(ren) in school: Ste 6th 7th 8th 9th 10th 1 1 a 1211' ❑ O 0 0 0 ❑ . 0 0 Does your family attend school meetings such as: PTO,Open House, etc.? A Lot Some Not Much Not at All O ❑ ❑ 0 Does your family attend school events such as: Music/Drama programs,Sports events,etc.? A Lot Some Not Much Not at All O 0 0 0 How much would you be concerned if your child(ren): Smoked cigarettes: A Lot Some- Not Much Not at All ❑ ❑ 0 0 Drank alcohol: A Lot Some Not Much Not at All ❑ 0 0 0 S Used marijuana: A Lot Some Not Much Not at All ❑ 0 0 0 Used other drugs: A Lot Some Not Much Not at All O ❑ 0 0 How much would you be concerned if your child(ren)'s friends: Smoked cigarettes: A Lot- Some Not Much Not at All ❑ 0 ❑ 0 Drank alcohol: A Lot Some Not Much Not at All O 0 0 • 0 Used marijuana: A Lot Some Not Much Not at All O 0 0 ❑ Used other drugs: A Lot Some Not Much Not at All ❑ 0 0 0 . How much trouble would your child(ren) get into for: Drinking alcohol at a friend's home: A Lot Some Not Much Not at All 0 ❑ 0 0 Drinking alcohol at your own home: : A Lot Some Not Much Not at All 460 0 0 0 rving alcohol to a friend in your home: A Lot Some Not Much Not at All 0 0 0 0 crew Drug-Alcohol Survey,MD•5-8-98 pir...._.,.., I allow my chIld(ren)to attend parties where the following are served and/or used: Beer or wine: A Lot Some Not Much Not at All ill 0 0 0 0 Hard liquor: A Lot Some Not Much Not at All O 0 ❑ 0 Tobacco: A Lot Some Not Much Not at All O 0 0 0 Marijuana: A Lot Some Not Much Not at All O 0 0 0 Other drugs: A Lot Some Not Mach Not at All O 0 0 0 13. How much do you think adolescents hurt themselves (physically or otherwise)if they: Use alcohol 1 or 2 times: No Harm Very Little Harm Some Harm A Lot of Harm ❑ 0 0 0 Use alcohol on weekends: No Harm Very Little Harm Some Harm A Lot of Harm O ❑ 0 0 Get drunk 1 or 2 times: No Harm Very Little Harm Some Harm A Lot of Harm O ❑ 0 0 Get drunk on weekends: No Harm Very Little Harm Some Harm A Lot of Harm III . 0 0 14. How much do you think adolescents hurt themselves (physically or otherwise) if they: Use marijuana 1 or 2 times: No Harm Very Little Harm Some Harm A Lot of Harm O ❑ ❑ ❑ Use marijuana weekly: No Harm Very Little Harm Some Harm A Lot of Harm ❑ 0 0 0 Use marijuana daily: No Harm Very Little Harm Some Harm A Lot of Harm ❑ 0 0 0 Use marijuana w/alcohol: No Harm Very Little Harm Some Harm A Lot of Harm ❑ ❑ 0 0 Use marijuana with other No Harm Very Little Harm Some Harm A Lot of Harm drugs: 0 ❑ 0 ❑ III .., _ , Parent Drug-Alcohol Survey.MD,S-8-98 pr • DRUG AND ALCOHOL USE AMONG CARROLL HIGH SCHOOL STUDENTS EXECUTIVE SUMMARY 9th, 10th, 11th and 12th Graders 1997-98 Report Sponsored by: Carroll Independent School District Report Prepared by: RMBSI, Inc. 419 Canyon, Suite 316 Fort Collins, CO 80521 1-800-447-6354 The American Drug and Alcohol SurveyTM Copyright 1990 by RMBSI, Inc. LQ -1 (s or TABLE 1 S Percent of Carroll High School Students and 12th Graders Across the Country Who Have Ever Tried a Drug (1997-98) National* 9th 10th 11th 12th 12th Graders Graders Graders Graders Graders Alcohol 70% 84% 81% 87% 82% Been Drunk 26% 44% 47% 62% 64% Cigarettes 39°A) 53% 51% 60% 65% Marijuana 17% 32% 29% 37% 50% Cocaine 4% 9% 7% 9% 9% Stimulants**** 8% 10% 8% 11% 17% Legal Stimulants 8% 10% 12% 16% *** Inhalants 10% 7% 6% 8% 16% Nitrites 2% 3% 3% 3% 2% . . Downers** 2% 3% 3% 4% 8% Quaaludes 1% 2% 1% 2% *** Tranquilizers** 2% 3% 3% 5% 8% Hallucinogens 7% 13% 12% 15% 15% PCP 2% 3% 3% 2% 4% Heroin 1% 4% 2% 2% 2% Narcotics other than heroin 5% 13% 9% 9% 10% Source: The American Drug and Alcohol SurveyTM * The national data on 12th graders are from the Monitoring the Future surveys conducted for the National Institute on Drug Abuse by the Institute for Social Research, University of Michigan, 1997. ** Use of these drugs under a doctor's orders is not included in these figures. *** Data not available. ****In 1998 this figure was changed to include methamphetamine use. In prior years, methamphetamine use was not included in the calculation of stimulant use. S JAR n irr TABLE 3 • Percent of Carroll High School Students and 12th Graders Across the Country Who Have Used Each Drug in the Last Month (1997-98) National* 9th 10th 11th 12th 12th Graders Graders Graders Graders Graders Alcohol 28% 38% 47% 54% 53% Been Drunk 8% 17% 26% 32% 34% Marijuana 8% 19% 15% 17% 24% Cocaine <1% 3% 3% 2% 2% Stimulants**** 3% 4% 2% 3% 5% Inhalants 3% 1% 0% <1% 3% Nitrites <1% <1% <1% <1% <1% Downers** <1% 1% 1% <1% 2% • Hallucinogens 2% 9% 5% 6% 4% PCP <1% <1% <1% 0% 1% Heroin <1% 1% <1% <1% <1% Narcotics other than heroin <1% 2% 1% <1% 2% Source: The American Drug and Alcohol SurveyT N * The national data on 12th graders are from the Monitoring the Future surveys conducted for the National Institute on Drug Abuse by the Institute for Social Research, University of Michigan, 1997. ** Use of these drugs under a doctor's orders is not included in these figures. ****In 1998 this figure was changed to include methamphetamine use. In prior years, methamphetamine use was not included in the calculation of stimulant use. III (A'.1a. Percent of Carroll High School Students S By Level of Drug Involvement (1997-98) Figure 1 - 9th Graders Low (82.5%) 7 High (4.2%) Moderate (13.3%) 40, . Figure 2 - 10th Graders Low (74.0%) -1, High (11.8%) Moderate (14.2%) *Source: The American Drug And Alcohol Survey 0 DRUG AND ALCOHOL USE AMONG CARROLL MIDDLE SCHOOL STUDENTS EXECUTIVE SUMMARY 7th and 8th Graders 1997-98 Report Sponsored by: Carroll Independent School District a Report Prepared by: RMBSI,Inc. 419 Canyon, Suite 316 Fort Collins, CO 80521 1-800-447-6354 The American Drug and Alcohol SurveyTM Copyright 1990 by RMBSI, Inc. S -g3 • TABLE 1 Percent of Carroll Middle School Students Who Have Ever Tried a Drug (1997-98) 7th 8th Graders Graders Alcohol 44% 57% Been Drunk 5% 12% Cigarettes 13% 23% Marijuana 5% 7% Cocaine - 2% 1% Stimulants**** 3% 3% Legal Stimulants 3% 2% Inhalants 10% 7% • • Nitrites 1% <1% Downers** <1% 1% Quaaludes <1% <1% Tranquilizers** <1% 1% Hallucinogens 2% 3% PCP <1% <1% Heroin 1% <1% Narcotics other than heroin 2% 1% Source: The American Drug and Alcohol Survey ** Use of these drugs under a doctor's orders is not included in these figures. ****In 1998 this figure was changed to include methamphetamine use. In prior years, methamphetamine use was not included in the calculation of stimulant use. • Len- 94 TABLE 3 Percent of Carroll Middle School Students Who Have Used Each Drug in the Last Month (1997-98) 7th 8th Graders Graders Alcohol 11% 15% Been Drunk <1% 3% Marijuana 1% 1% Cocaine <1% <1% Stimulants**** <1% <1% Inhalants 3% <1% Nitrites <1% 0% Downers** <1% <1% • • Hallucinogens <1% <1% PCP 0% 0% Heroin <1% 0°/® Narcotics other than heroin <1% 0% Source: The American Drug and Alcohol SurveyTM ** Use of these drugs under a doctor's orders is not included in these figures. ****In 1998 this figure was changed to include methamphetamine use. In prior years, methamphetamine use was not included in the calculation of stimulant use. • /a uil Percent of Carroll Middle School Students • By Level of Drug Involvement (1997-98) Figure 1 - 7th Graders Low (92.7%) • ,High (0.9%) Moderate (6.4%) • Figure 2 - 8th Graders Low (93.6%) High (1.9%) Moderate (4.5%) *Source: The American Drug And Alcohol Survey iJ2P- 230 • DRUG AND ALCOHOL USE AMONG DURHAM & CARROLL INTERMEDIATE SCHOOLS STUDENTS DETAILED REPORT 5th and 6th Graders 1997-98 Report Sponsored by: Carroll Independent School District .• Report Prepared by: RMBSI, Inc. 419 Canyon, Suite 316 Fort Collins, CO 80521 1-800-447-6354 The American Drug and Alcohol SurveyTM Copyright 1990 by RMBSI,Inc. S Ld \ - 1 • TABLE OF CONTENTS Introduction 1 The Survey 1 How Accurate Are The Survey Results? 1 Proportion of Durham & Carroll Intermediate Schools Students Surveyed 2 How Many Durham& Carroll Intermediate Schools Students Have Tried Drugs? 2 Current Drug Use Among Durham& Carroll Intermediate Schools Students 4 How Many Durham& Carroll Intermediate Schools Students Are At Risk Because of Their Alcohol or Drug Involvement? 6 The Use Of Individual Drugs 8 Tobacco 8 Alcohol 8 Marijuana 9 S Inhalants 10 • Crack 11 Other Drugs 11 How Are Drugs And Alcohol Used? 13 Do Friends of Drug Users Also Use Drugs? 14 Would Friends Discourage Drug Use? 15 Do Friends Encourage the Use Of Drugs? 16 Intent To Use Drugs 17 Conclusion 18 41) .. INTRODUCTION STwenty years ago, drug use was generally limited to older adolescents, but recent research has found that some younger children are using drugs. While drug use is still not common among elementary students, it is not unusual to find very young children trying drugs and, in some cases, using drugs regularly. Locally, this issue has led those concerned about the welfare of Durham & Carroll Intermediate Schools students to implement a drug and alcohol survey. This report presents the results of that survey and should be helpful in gaining a better understanding of drug and alcohol use by Durham & Carroll Intermediate Schools students. THE SURVEY The survey is an anonymous paper and pencil questionnaire that takes less than 20 minutes to complete. The survey was designed especially for the 4th through 6th grades. The language used is as simple as possible, and the questions are very easy to read and answer. Nearly every student can complete the survey accurately. The survey is short and only asks about a few drugs, alcohol, tobacco, marijuana, and inhalants, with additional questions asking whether they have tried "crack" or "any other drug." Current research suggests that young children rarely use drugs not listed on this survey. Thus, the survey was limited to these drugs both to keep it short (because young children tend to have a rather short attention span) and to prevent it from becoming • a "shopping list" of drugs that might intrigue some children.HOW ACCURATE ARE THE SURVEY RESULTS? Students are usually very cooperative and give honest answers when they know their names are not on the surveys and that no one will ever know how they, individually, answered the questions. The people who handed out the surveys were instructed to make sure this anonymity was protected. There are questions on the survey that check whether the students believe their answers will be anonymous. The responses to those questions showed that most students believed the survey was anonymous and felt they could be honest. A few students in a class may giggle or make jokes and exaggerate their drug use, but if the teacher treats the survey seriously, the students will usually respect it also. Students rarely exaggerate their drug use, but if they do there are internal checks for exaggeration. The surveys of students who exaggerate greatly are removed before the results are tabulated. Less than one percent of Durham & Carroll Intermediate Schools students were classified as "exaggerators." A few students may also become confused while taking the survey or have trouble understanding the questions. These students are identified because they give inconsistent answers to questions, saying, for example, they have never tried marijuana, but also saying they have used marijuana during the last month. Eighteen different checks are III made for inconsistencies, and surveys with three or more inconsistent responses are removed before the survey results are tabulated. Only two percent of Durham & Carroll Intermediate Schools students were classified as "inconsistent responders." 1 Table 1 • Percent of Durham & Carroll Intermediate Schools Students Who Have Ever Tried A Drug 5th Graders Sth Graders Alcohol 35% 41% "Been Drunk" 1% 2% Marijuana 0% 1% Inhalants 8% 9% Cigarettes 2% 7% Any other drug <1% 2% • Note that the "ever tried alcohol" figure needs to be interpreted with caution. Some students may count trying a taste of beer or a sip of communion wine as having "tried alcohol." This is why the tables include whether the child feels that he or she has "been drunk." Table 5, later in this report, provides more details about alcohol use. • ID 3 Tables 3A and B show how many students used each drug during the last month. STable 3A Use During the Last 30 Days by Durham & Carroll Intermediate Schools 5th Graders Did Not 1-2 3-9 10 or More Use Times Times Times Alcohol 95% 5% 0% 0% "Been 100% 0% 0% 0% Drunk" Marijuana 100% 0% 0% 0% Inhalants 96% 4% <1% 0% Table 3B Use During the Last 30 Days by Durham & Carroll Intermediate Schools 6th Graders • Did Not 1-2 3-9 10 or More Use Times Times Times Alcohol 92% 6% 2% 0% "Been 100% 0% <1% 0% Drunk" Marijuana 99% <1% 0% <1% Inhalants 97% 2% <1% 0% 0 5 Percent of Durham & Carroll Intermediate Schools • Students By Level of Drug Involvement (1997-98) Figure 1 - 5th Graders Low (92.0%) High (2.0%) Moderate (6.0%) • Figure 2 - 6th Graders Low (90.0%) High (3.0%) Moderate (7.0%) *Source:The American Drug And Alcohol Survey • 7 r and widely accepted throughout society. Many of the children who state that they have S tried alcohol have tried it only in the home, usually a taste or two and with their parents' permission. Some students, however, have used alcohol without parental permission. Table 5 shows where students used alcohol. Table 5 Where Durham & Carroll Intermediate Schools Students Have Used Alcohol 5th Graders 6th Graders Never used it 61% 52% Only with parents 38% 46% or family With other kids when 1% 2% parents were not there Only by myself <1% 1% By myself and with 0% <1%. other kids when parents not there • Students who report having been drunk, however, almost always have had experiences with friends where they drank a fair amount of alcohol. For this reason, the students' responses to questions about "being drunk" give a better picture of the extent of potential problem drinking. Tables 1 - 3B show how many Durham & Carroll Intermediate Schools students claim to have been drunk. Whether or not these students were "legally" intoxicated (as defined by blood alcohol levels) is open to question. Some of them may have felt they were drunk when they had not had much to drink at all. The question on the survey, however, asks whether they have been "drunk so they fell down or got sick," so some may have been seriously drunk. Most children don't have the experience to judge how much they can drink. Though it's possible that not all of the students claiming to have been drunk actually were, the alcohol use of those who feel they have been drunk should be taken seriously. They are very young and have shown a willingness to drink excessively. They are likely to increase their drinking in the near future. Marijuana Although there has been a steady drop in marijuana use over the last decade, 0 marijuana has, unfortunately, gained wide social acceptance among young people. In places where alcohol is hard to get and where marijuana is popular among older youth, there may even be more marijuana use than alcohol use among very young children. 9 r If there is a local inhalant epidemic, warnings and lectures about the dangers of S inhalant use may not do much good. There is some evidence that young inhalant users are more knowledgeable about drugs and may even know more about the dangers of drugs than other children who do not use inhalants. One approach that has been tried with some success is to provide supervised activities that keep children busy and, at the same time, monitor them carefully so they cannot sneak away in small groups to a "hiding place" where they can use inhalants. Crack • "Crack" is a form of cocaine that can be smoked. It gives an immediate and powerful "high" that lasts for 20-30 minutes, and if more of the drug is available, the users then repeat smoking more crack. In the last few years, the drug "crack" has been given a great deal of attention in newspapers and on TV. Because of the serious risks involving crack, a question about its use has been included on this survey. Table 6 Crack Use by Durham & Carroll Intermediate Schools Students 5th Graders 6th Graders • Know what "Crack" is 74% 89% Ever tried Crack <1% <1% We don't expect to see significant amounts of crack use except in economically depressed areas of a few major cities, and it is sometimes hard for parents and teachers to believe that the local youth would try this drug. Crack is, however, available everywhere. Young children may have older brothers and sisters who are using crack and have shared it with them. With a particularly dangerous drug like crack, it is very important to watch its' spread. If crack use does appear among local children, a community should make strong efforts to stop its' spread. Other Drugs The survey also asked students if they had ever gotten high on any drug not included on the survey. Use of other drugs by young children is rare, but it does happen. The survey doesn't include an extensive list of other drugs because use among children at these ages is rare. The risk of suggesting new drugs to these young students outweighs the potential benefit of having them respond to questions about additional drugs. 0 11 HOW ARE DRUGS AND ALCOHOL USED? IIIThe expectations that children have about the effects of drugs and alcohol are often an indicator of how heavily they are involved or whether they will continue use in the future. The survey asked the students "how" they use alcohol, marijuana and inhalants. The responses of the Durham & Carroll Intermediate Schools students are — shown in Table 8. At these young ages there is not much heavy use of drugs or alcohol and very few students actually plan to experience the stronger effects. For instance, it is apparent that most alcohol use is in the "just a sip or two" range. Table 8 Percent of Durham & Carroll Intermediate Schools Students Who Use Drugs and Alcohol at Different Levels Alcohol Marijuana Inhalants Sip or two 32% * * Puff or two * <1% * Just to smell it * * 8% • To feel it a little 3% <1% 1% To feel it a lot <1% 0% <1% To get really <1% * * drunk *Not Applicable .# 13 WOULD FRIENDS DISCOURAGE DRUG USE? • Friends are very important to children. If their friends discourage drug use, young people are likely to shy away from drugs themselves. The following table shows how many youth believe their friends would try hard to stop them from using drugs. Table 10 Percent of Durham & Carroll Intermediate Schools Students Who Have Friends Who Would Try to Stop Drug Use Friends would stop you from: Using "Getting Drunk" Marijuana Users 57% 68% Non-users 81% 91% S Most of the non-users report having friends who would try very hard to stop them from getting drunk or using drugs. Some of the users also have friends who would try to stop them, but they use anyway. These users probably also have other friends who would not try to stop them and, in fact, who probably use drugs with them. Young people tend to form small, close-knit groups called peer clusters. A peer cluster may be a pair of best friends or a small group of friends. Members of a peer cluster tend to spend their free time together. They may dress in similar ways and have similar hair styles, although in younger children dress may be dictated more by parents than by a child's desires. Members of a peer cluster spend a lot of their time checking attitudes, values and beliefs with each other. These attitudes and beliefs will include ideas about drugs. Members of a drug-involved peer cluster tend to use the same types of drugs, usually use alcohol or drugs when they are in each others' company, and use them to the same degree. It is hard for a youth to "just say no" to drugs when close friends are using drugs or proposing drug use. 0 15 INTENT TO USE DRUGS • What will happen to these students during the next few years? To get a general idea of their attitudes regarding drugs, the survey asked these students whether they intend to use drugs in the future. Table 12 Durham & Carroll Intermediate Schools Students' Intentions Regarding Future Drug Use 5th Graders 6th Graders Never used drugs and 92% 88% never will Never used drugs, but 4% 6% may in the future Used drugs, but don't 3% 4% plan to use them again Used drugs and 1% 2% probably will use them again 1111 A very high percentage of these children claim they will never use drugs in the. future. Research indicates, however, that more than a third of these children are likely to start using drugs in the next few years, and that a considerable amount of drug use may occur among these students by the time they reach the 12th grade. Some young children intend to use drugs even though they are among other children in their age group who do not intend to use. Any child who, at this age, already intends to use drugs is in considerable trouble. These children are at great risk. In general, however, these children are starting with good intentions. If those good intentions could be encouraged and maintained throughout the next few years, there are likely to be fewer drug problems among these students. Although there are many pressures that work against a youth's best intentions to remain drug free, cooperative school and community intervention can work to alleviate these pressures and maintain these good intentions. • 17 City of Southlake,Texas F:11: STAFF REPORT October 2, 1998 • CASE NO: ZA 98-058 PROJECT: Site Plan /French Square Office Complex STAFF CONTACT: Dennis Killough, Senior Current Planner, 481-5581, ext. 787 REQUESTED ACTION: Site Plan for French Square Office Complex on property legally described as Tract 5E situated in the Obediah W. Knight Survey, Abstract No. 899, and being approximately 6.1441 acres. LOCATION: South side of East Southlake Boulevard(F.M. 1709) approximately 1,100' west of Byron Nelson Parkway. OWNER/APPLICANT: David L. Ford CURRENT ZONING: "S-P-2" Generalized Site Plan District with "0-1" Office District uses LAND USE CATEGORY: Low Density Residential NO.NOTICES SENT: Five (5) r RESPONSES: None P&Z ACTION: June 18, 1998;Due to Case Resolution No. 97-22,this case appeared on the agenda but was not heard and was continued to the July 9, 1998, Planning and Zoning Commission meeting. July 9, 1998; Approved (6-0) to table and to continue the Public Hearing to the July 23, 1998, Planning and Zoning Commission meeting. July 23, 1998; Approved (6-0) to table and to continue the Public Hearing to the August 6, 1998, Planning and Zoning Commission meeting. August 6, 1998;Approved(6-0)subject to Revised Site Plan Review Summary No. 1, dated July 31, 1998, accepting Items#8a, b, and c, (parking) as proposed; accepting Items #15a, b, and c, (building setbacks) as proposed; and accepting Item #23 (articulation) as proposed. _IA- I City of Southlake,Texas COUNCIL ACTION: August 18, 1998;Approved(6-0)to table and to continue the Public Hearing to the September 1, 1998, City Council meeting. September 1, 1998;Approved(7-0) applicant's request to table and to continue the Public Hearing to the September 15, 1998, City Council meeting. September 15, 1998;Approved(6-0)on consent applicant's request to table and to continue the Public Hearing to the October 6, 1998, City Council meeting. STAFF COMMENTS: The applicant has met all requirements listed in Site Plan Review Summary No. 1, dated July 31, 1998, and Site Plan Review Summary No.2, dated August 28, 1998,with the exception of those in listed in Site Plan Review Summary No. 3,dated October 2, 1998. L:\COMDEV\WP-FILES\MEMO\98CASES\98-058SP.WPD • i _ 1114 s._ • 10A 11A I oe �'� " TR 3 W. HALL • -- ---4 ...J'SF-1A" C) 13A 4.47AC SURVEY 1A 2A A-687 - 17 108 11 B 6128 J.M. STEV NSON TR 1 .409 AC f-1 B f 28 ziB c�,uv r ,R HT .Izl v STATE OF TEXAS _STATE OF TEXAS „AG„ • TR 501 TR 502 2.365 AC 1.698 AC i WESTER RA 1 TIMARRON. "AG" r� . �--„CS„ ,I TR 5D6 �� ' TR 5D1B TR 5D2B 10.0AC 3.9480 2.780 5.351 0 TR 503 1.68 AC CITY OF SOUTHLAKE S. GAR R ETT I 104 WESTERRA b, TIMARRONOOD DR H 24 Y U a h ~' `R ¢ 25 a 0 2A2 WESTERRA TIMARRON po am B. 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I J as•� va. .w». • .orrs.00on.,i�jy._ � �l' —r..1,Inl �,R7 -. /> 01ccr. CITY OF SOUTHLAKE !L e MUNICIPAL COMPLEX . ' Yrm•.•. mar M ., 0•.r.a r Sl•K•..ERn.R W.NM L •.•ow..ao a M ••1.000...,PP o m cwm 001•11.0 iwm Orr Or SJUrMLM[,r.011M.r COW,.ft=15 ,1 r CPO.01. .00 r.x On ca..c. 'I• •••`n:•. �."iw..,..4®„o.oo.m.•......,L. I a.569 ACRES al!.•or a o,•A m. our °•n 2 LOTS ..o e•".�•,•.•'o.u'oln..�.a,...w ea...u:..:.. �•. Or.Lt/0E4L&E. Orr Or wunua[ mayors oo ae?. O.R•ala 1tx.+[ ,IMo>0.........111 ra..a.�r`w.s. SO1WI) rtssa 7Wp • II Y® .`i•im..mow u0 w0i•.•'�..,•..m'a`aa'i�.P�""w"'� Y), E0OM[ER/Snut10R:aZ Cart.,. u, su 01 oao /I• Wf7R Y..��.� Sue OW PP o 4 Ca.Vrn•aamr.a. aa••^ L PP AM o uwo R.,w••..m.•. al sa re ar vs 0 0 �.r n.cu.10110 unu a areL K R w wawa on w I S—...li.i • w..�...�.a....,.. "S�.'5.. Ii.I w...ow•.� w.�r am:w"a �'• .ra s . 7"wSS :� �,. 1..I o ..w.. •;• � SEPTEMBER MB ntOWRIO.Crwtr- lua_: _ ... . .2 • CASE NO: ZA 97-120 FILE NO: 01-3612 ,•.,.w.._,„;.r.a • • ADJACENT PLAT FOR REFERENCE City of Southlake,Texas SITE PLAN REVIEW SUMMARY Oase No.: ZA 98-058 Revised Review No: Three Date of Review: 10/02/98 Project Name: Site Plan - French Square Office Complex-Lots 12, 13, & 14, O.W. Knight No. 899 Addition,being 6.1 acres out of the O.W. Knight Survey Abstract No. 899 APPLICANT: ENGINEER: Best Tex Custom Homes J.E. Levitt Engineers,Inc. P.O. Box 1702 726 Commerce Street, Suite 104 Roanoke, TX 76262 Southlake, Texas 76092 Phone : (817) 481-0335 Phone: (817) 488-3313 Fax : (817) 430-3620 Attn: David D. Ford Fax: (817) 488-3315 Attn: John Levitt CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/23/98 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 EDWARD MCROY AT (817) 481-5581, EXT. (880). 1. Label the type of surface material and width for the sidewalk adjacent to the south building. iiCommon Access Easements are required only along the common lot lines from Parkwood Dr. to the west property boundary. Increase the width of the C.A.E.'s to 38'near Parkwood Drive and to 26' near the west boundary. This will insure that the C.A.E.'s extend 1 foot beyond the both sides of the common drives *Driveway locations, as shown, conform to the approved concept plan. • 3. Correct the lot numbers, boundary bearings and distances to match the plat for this site. 4. The following changes are needed with regard to parking and loading areas: a. Provide sufficient parking as required by Ordinance 480, Sec. 35.6 -b.- (6), 8 spaces for the first 1000 sf of each building, plus 1 space per 300 sf of remaining floor area(General Office). A total of 239 spaces are required based on the use and floor area listed. The applicant has requested that stairways, non-leasable lobby, restrooms and janitor areas be exempted from the parking calculation. If approved,this would reduce the total required parking to 203 spaces. The applicant has provided a total of 214 spaces. If a more intensive use (such as medical/dental) is placed within the facility the required parking will increase. (P&ZAction 08/06/98 Allow 226 spaces as shown on previous site plan) b. A total of 81 spaces are required on Lot 2. If the proposed reduction in floor area is • approved a total of 69 spaces will be required. A total of 64 spaces have been provided. S A reciprocal parking agreement must be executed with the owners of the adjacent properties to provide for the additional 5 spaces needed. 7A -7 • City of South lake,Texas c. Loading spaces must be located at the side or rear of the buildings. (P&ZAction 08/06/98 Delete) 5. Provide required bufferyards and plantings in compliance with the attached charts. The applicant has requested a waiver of the 5' Type 'A' bufferyards required along the common north/south interior property lines where the common driveways are proposed and is proposing that the required plantings be located adjacent to the common driveways. * The bufferyard and irrigation requirements were waived on the previous Concept Plan approval for the area south of Building A. 6. In the Total Site Data Summary Chart, list the total required parking as 239 spaces. List the required parking for Lot 1 and 3 as "79 spaces" and Lot 2 as "81 spaces". 7. Correct the dimensions and location shown for F.M. 1709 roadway pavement. Plan shows approximately 88' of parkway. It is estimated that there is approximately 55' of parkway through this section. Conform the correct width of Parkway. 8. An additional 12' R.O.W. dedication for a deceleration lane along F.M. 1709 is required per the previously approved Concept Plan. If an adequate width of parkway exists through this section of F.M. 1709 staff does not feel that the additional 12' of dedication will be necessary. Staff recommends that this requirement be eliminated if an adequate parkway width exists. • A minimum 8' screening device (solid fence or dense plant material) is required along the west, south and east boundary, south of the southernmost office building, in accordance with the approved concept plan. The applicant has proposed a 6' wood fence. 10. Include the proposed street grading in the grading plans. This street must be constructed prior to issuance of a building permit. The applicant should also coordinate grading and fill with the properties to the east in order to support the street profile of the proposed roadway. 11. Note the benchmark used for the topographical information. This should correspond to a City approved benchmark. 12. List the filing information for the City of Southlake Municipal Complex as "Cab. A, Slide 4518" and remove language indicating the final plat has not been filed from-the graphic. 13. The following changes are needed with regard to easements, grading and utility plans and: a. Include all off-site sewer being constructed with this project in the Water/Sewer Plan. b. Provide utility and drainage easements only as necessary to service the associated facilities. As shown,the applicant has unnecessarily incorporated the entirety of several drives as utility and drainage easements. City of Southlake,Texas c. Provide plans for both the proposed on-site and off-site drainage features. No storm sewer 41) connections have been shown for the curb inlets. Show easements for such structures. Address how drainage is to be handled coming onto the northwest portion of the property. d. Show and label the adjacent 15' D.&U.E. within Lot 18, Timarron Addition Northwood Park Phase Two. e. The subdivision ordinance requires a 5'U.E. along the east, west and south property lines. Confirm the need for these easements with the franchise utilities. To preserve existing trees staff recommends removing these easements if not needed. f. Label the 25' U.E. shown within Lot 1,Block Two, City of Southlake Municipal Complex as "Future 25' U.E.". Location of this easement should be evaluated with regard to existing tree locations. This U.E. was not dedicated with the filed plat. g. Show and label all proposed easements. 14. Provide horizontal and vertical articulation meeting the requirements of Ord. 480, Section 43.9.c.1.c. on all facades visible from a Corridor R.O.W. and/or any portion of the building within 400' of a property zoned or designated residential. Compliance with the articulation requirements is as shown on the attached articulation evaluation chart. (P&Z Action 08/06/98 Delete) 45. Provide a unique name for the development. A similar street name already exists within the city. III _ __ __ __ _ in 4 • City of Southiake,Texas * This review is based on the"0-1" Zoning District Regulations. IDPlease note that the building floor area shown on the approved Concept Plan was 21,768 sf. for each building. This plan proposes one building at 23,433 sf of floor area and two buildings at 23,900 square feet of floor area.. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, 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, Impact and Tap Fees, and related Permit Fees. * 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 enc: Bufferyard Calculation Chart, Interior.Landscape Summary Chart, Articulation Evaluation Chart Tree Preservation Analysis • 110: David C. Ford VIA MAIL: P.O. Box 1702 Roanoke, TX 76262 J.E. Levitt Engineers, Inc. VIA FAX: ABOVE Andres Associates VIA FAX: Attn: Gene Andres (214) 634-1814 L:\COMDEV\WP-FILES\REV\98\98058SP3.WPD 0 . -- • A0 City of Southlake,Texas iLot l SUMMARY CHART -BUFFERYARDS Bufferyard Canopy Accent Shrubs Fence/Screening Location Length Width - Type Trees Trees. Height&Material North- Required 253 20' - M 8 5 30 Provided* 253 20' -M 8 - 5 30 East- Required 303 5' - A 3 6 24 Provided* 321 5 - 'A 3 6 24 South- Required 251 5' - A 3 5 20 Provided* none' - 3 5 20 West- Required 339 10' - Fl 10 20 27 Provided* 351 10' - Fl 10 20 27 *Note any credits used in calculations: Other Comments: • 1. Where parking is provided between the building setback line and public R.O.W.,shrubs obtaining a mature height of three feet(3')or greater must be planted at a maximum spacing of thirty inches(30") on center continuous along all paved edges of the parking or drive areas. 2. A minimum of 50%of all canopy trees planted on the site must be 2"in caliper and 50%must be 4" in caliper. This includes plantings in bufferyards as well as interior to the site. 3. The applicant has indicated in the bufferyard chart on the site plan exhibit that plantings will be placed within theinedian and along the sides of the common drive in lieu of the required 5'bufferyard. SUMMARY CHART -INTERIOR LANDSCAPE Required or Landscape Area %of area in Canopy Trees Accent Trees Shrubs Ground Cover Provided (Sq.ft.) front or side (Sq.Ft.) Required* 5,975 75% 10 20 100 598 Provided 28,509 75% 10 • 20 100 598 *Note any credits used in calculations: - Other Comments: L:\COMDEV\WP-FILES\REV\98\98058BF4.WPD Revised June 13, 1997 . - 1A1I_ _ • City of Southlake,Texas Lott SUMMARY CHART -BUFFERYARDS Bufferyard Canopy Accent Shrubs Fence/Screening Location Length Width - Type Trees Trees Height&Material North- Required 251 5' - A 3 5 20 Provided*3 none - 3 5 20 -" East- Required 232 5' - A 2 4 18 Provided* 269 5' - A 2 4 18 South- Required 251 5' - A 3 5 20 Provided*3 none - 3 5 20 West- Required 244 10' - Fl 7 15 20 Provided* 269 10' - Fl 7 15 20 *Note any credits used in calculations: Other Comments: 1. A minimum of 50%of all canopy trees planted on the site must be 2"in caliper and 50%must be 4"in caliper. This includes plantings in bufferyards as well as interior to the site. • 2. A minimum of 50%of all canopy trees planted on the site must be 2"in caliper and 50%must be 4" in caliper. This includes plantings in bufferyards as well as interior to the site. 3. The applicant has indicated in the bufferyard chart on the site plan exhibit that plantings will be placed within themedian and along the sides of the common drive in lieu of the required 5'bufferyard. SUMMARY CHART - INTERIOR LANDSCAPE Required or Landscape Area %of area in Canopy Trees Accent Trees Shrubs Ground Cover Provided (Sq.ft.) front or side (Sq.Ft.) Required* 6,087 75% 10 20 101 609 Provided 17,984 75% 10 20 101 609 *Note any credits used in calculations: a. Other Comments: 1. L:\COMDEV\WP-FILES\REV\98\98058BF5.WPD Revised June 13, 1997 4111 711-IZ ' City of Southlake,Texas Ill Lot 3 SUMMARY CHART - BUFFERYARDS Bufferyard Canopy Accent Shrubs Fence/Screening Location Length Width - Type Trees Trees Height&Material North Required 251 5' -A 3 5 20 Provided*3 none - 3 5 20 East Required 256 5' - A 3 ' 5 20 F-1 6'Wood Fence Provided*Z 256 5' - A 3 5 20 F-1 6'Wood Fence South Required none - - - - F-1 6'Wood Fence Provided*2 none - - - - F-1 6'Wood Fence West Required 267 10' - Fl 8 16 21 F-1 6'Wood Fence Provided*2 459 10' - Fl 8 16 21 F-1 6'Wood Fence *Note any credits used in calculations: Other Comments: 1. A minimum of 50%of all canopy trees planted on the site must be 2"in caliper and 50%must be 4"in • 2. caliper. This includes plantings in bufferyards as well as interior to the site. The applicant is providing plantings a 6'Type Fl screening fence along the property boundary line south of the building as required in the approved concept plan. 3. The applicant has indicated in the bufferyard chart on the site plan exhibit that plantings will be placed within themedian and along the sides of the common drive in lieu of the required 5'bufferyard. SUMMARY CHART -INTERIOR LANDSCAPE Required or Landscape Area %of area in Canopy Trees Accent Trees Shrubs Ground Cover Provided (Sq.ft.) front or side (Sq.Ft.) Required* 5,975 75% 10 20 100 598 Provided 67,652 75% 10 20 100 598 *Note any credits used in calculations: a. Other Comments: 1. L:\COMDEV\W P-FILES\REV\98\98058BF6.WPD Revised June 13, 1997 S . .. rill-13 • Articulation Evaluation No.2 Case No.ZA 98-058 Date of Evaluation: 10/02/98 Elevations for French Court Building Type A ived:09/23/98 t-facing: Wall ht.= 22 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 66 30 -55% Yes 66 30 -55% Yes Min.artic.offset 3 3 0% Yes 3 3 0% Yes Min.artic.length 4 11 175% Yes 4 10 150% Yes Rear-facing Wall ht.= 22 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required . Provided Delta Okay? Max.wall length 66 30 -55% Yes 66• 30 -55% Yes Min.artic.offset 3 3 0% Yes 3 3 0% Yes Min.artic.length 4 11 175% Yes 4 10 150% Yes Right-facing: Wall ht.= 22 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 66 22 -67% Yes 66 22 -67% Yes Min.artic.offset 3 _ - 2• 33%0•w •�N6 3 5 67% Yes Min.artic.length 6 20 233% Yes 4 12 200% Yes Left-facing: Wall ht.= 22 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 66 22 -67% Yes 66 22 -67% Yes Min.artic.offset 3 . 2 =33%. No:' 3 5 67% Yes ' .artic.length 6 20 233% Yes 4 12 200% Yes Elation Evaluation No.2 Case No.ZA 98-058 Date of Evaluation: 10/02/98 Elevations for French Court Building Type B Received:09/23/98 Front-facing: Wall ht.= 22 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 66 26 -61% Yes 66 26 -61% Yes Min.artic.offset 3 3 0% Yes 3 3 0% Yes Min.artic.length 4 9 125% Yes 4 9 125% Yes Rear-facing Wall ht.= 22 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required , Provided Delta Okay? Max.wall length 66 26 -61% Yes 66 26 -61% Yes Min.artic.offset 3 3 0% Yes 3 3 0% Yes Min.artic.length 4 9 125% Yes 4 9 125% Yes Right-facing: Wall ht.= 22 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 66 26 -61% Yes 66 22 -67% Yes Min.artic.offset 3', ', 2 -33%. T . No 3 5 67% Yes Min.a0rtic.length 6 20 233% Yes 4 12 200% Yes facing: Wall ht.= 22 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta -Okay? Max.wall length 66 26 -61% Yes 66 22 -67% ' Yes Min.artic.offset _ :'3 •. . .:ar2,- 33,V0' :°"=No -3 5 67% Yes Min.artic.length 6 20 233% Yes 4 12 200% Yes • City of Southlake,Texas TREE PRESERVATION ANALYSIS (COMMERCIAL DEVELOPMENT) Case No: ZA 98-058 Date of Review: 10 - 1 - 98 Number of Pages: 1 PROJECT NAME: French Square Office Complex (Site Plan Resubmittal) APPLICANT: PREPARED BY: French Square Office Complex J. E. Levitt Engineers,Inc. 726 Commerce St., Suite 104 Southlake,TX 76092 Phone: 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. TREE PRESERVATION COMMENTS: 0 , 1. There are some protected trees that are not located within the parking lot area, R.O.W. or utility easements and are further than six feet(6') from the building pad that may have to be removed for site grading purposes. Please submit a revised Grading Plan which includes the location of trees so that this may be evaluated. * In the event that it is necessary to remove a protected tree that is not within 6' from a building, within a parking lot area, R.O.W., utility easement, drive way or sidewalk; the applicant shall be required to replace the protected trees being removed with quality canopy trees sufficient in numbers to equal or exceed , in caliper,the diameter of each tree removed. • # Denotes formal comments that may be passed on to Planning &Zoning and Council * Denotes informational comments S . 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S1 II \ I • ` I FI' , CY 1IS!_ . c { \i ow II.. 0 4,1 • I r7 'V It I I ppaa '/j� iK"; .�+�J I I 1 I ` \• :P1 1 I 11 +'\\ r. 1 ' 3 I I I \ \ I ; I I 0 ,..r. ,1 ,\ I I 11 . j/'11 ik:v %1I1 •• r rl ` ,1 `Y�\;\ / (1 _,.),,, I'Al ,.. if•7_ , 3 ,;„-.:-._--.... Ca _-.00— Is-- / , i�/1 ice'---. _ CND \} ,i. i _:.0- 11--!s gig_- i • co . -—- SO I r�'rTy t,,,,D I ♦ I ! II FRENCH 6QUARE Mk. ��ood��0�a. oPac. < L OFFICE COMPLEX ��"s w III Y °u ■ 1. kg. f; 8.1441 Aor�■ r../— �'�� — Q • F O.N. KNIGHT BURVEY. A - Boo i� % `� • ". !i .. . LElOUTHr . TEXAS •�' •• ...n.�-.n. • • 0 . . . . • '•-•~ r.marm wrtuY ONOI nlva»IMAM-..1 —�—Pl p.3 Y.IOISI I 1 PROPOSED IIIOT®N.I.K[ �_ 111VO.1m IIR NNOMAPROPOSEDOIf.NO1T --.i1--OGSAMO ME M ONTT 8 owe Lai ....... O.II not(MO[TO.MJ / 11QOO11•.OM __L I.WW1 IMAM I 'aI 'maim 1457►'� I I 1 I' Y..—_.- I ...T . aYS 1 ' l->y. 1 Az 1 'I • F'I III I 'I ;i __..—__..._��._..-.____.__. + LI I I I-f �1 I I f,1 — i ( ag �, �lie A■ ; is mar.,.W;,,,a ,, �-f. I I i 0 i 6 �, i 4 f 8 FIN 9 ( I 5111114 . --All IAr I ? 1C111l L;. 4111111:111 � __..1. — r. I' N ! It! — ..� ;1 I "" ! 0 z— 1— — T' ANT K"'LY l 9g r 4 i _.&— .1 . �,1 p u L 1G j 1 j111 '111g. P'v d�la-1,,L : '� .►' 0a_l� - 1 k 1-lJ: la- % J/\&rj —+ rs----t — �c .u T�'S'�� j I .[ Hi—fi o •} `, y s 1 rulln000 oti-- o Al a I 1. I / _ — — - - —. . IITo=ttrjAcT.) 1- 4 ■O■f8r000 SYG.---� \\``I /��PL�/� .• '_",�. • I �j %\r1 nulg / f kood o NO. .••0�1 ' nwmOn. d.L MAIN R J.L 0401O.O •.I.L • REED SEP z 31998 ...I;. ....... . CWT. NT 2 O/■ _ —fa . • w w wv sw w wi Ia-s N. . e� , w .•r 1.r •. M«•� .. .. .. x 11' ) .�r M I1 .. a w I M Ir1. .1rr ..ri w• I I I �- 1I � ' __=lki Teti/Elec. 3 I I- N Lease Space B 1 x L se Space �i �•►- I I I a mma�m_ ��' k 1 II ' m Proposed m a a .. I Proposed a _ - g • Corridor �.= ' ! CorCls�9r ---I -,- ' -OE N • .... — t U t o s Lease Space ;__ Lease Space a , , 'V, ' -�- .-. • �• `..� �� I f ■I ! • Z 1 ,-.1.•• -1L, l 0 : 1 1 _ 1 _ 1_ ... w. L' 1 _ w l . r..rWY" rr w to 0 r i VW. 0 1L' f 1.1_ t Area Calculations k I•w am.- Tow •.ram., Grail Bldg.84 Ft 12.173 12173 24,346 Exterior Walls 582 582 1,164 • Janitor 81 122 203 fEGO SEP n 31998 Stairs 531 — 531 Non-Iwabb lobby 1.000 935 1,935 ow. Toilet. 295 306 601 Iro}ot No Te 210 To "nBo 157 78 235 Bldg. A Floor Plan First Floor �N. Total Non Bossiness Area(Per floor) 2,751 �128 4,879 � � Total Net Bich Bt;Ft 9,422 10,045 19,467 A— L Sella 1/8'- 1'-0' • -- -- • I • I •m.r e...,...ne.a..�., (� I •wn4 rr O >Y er..• sw 0' NY 0 rr N >r.. O err w I ,/ rM sow w I ti 1w� r.i ..`il ew ..r «r T.. ...• eri ..r ..r ..I ,.r I ... r w f .. .. ..40 Tw 1 ... I 0ll ... , v.. I Ayrw 1 .r .. .... «r} w I 1. 1(j 1� Telea��. I� ,(( a-k a ). ilt l `.bn. Men 0 a....., E L. "'"" I Lease Space 11 v /. Lease Sp ce i i'llizz::::- fZL Ir 9r tft orposed L -- J....:: + .. L. r I Proposed 6 I uiclor t. C 4 o io 11 11 U . lip If l'i i y Lease Space _ -�',� $ §` Lease Space [ .2 l F' ipC- _r., Tr L„ t �IL 0 f =_ U : .r .. .. �.. .r .r V. .: ;. _...�_.� �r :rJ .. J .� 1 .. J-- w .. w M .r .r r. L._, ' .Y _ �r .� >r. _ �. ,.r r.. .... U - LL c Area Calculations r Lend aw Lard Tar Gross Bldg.Sq,Ft 12.173 12.173 24346 Exterior Watt 582 582 1164 Janitor 81 122 203 _ Stairs lobby >� —35 1 3531 RECp SEP 2 U 1998 Taffeta 295 300 601 Propcl Ma Tole./Dec.Rm. 106 105 210 Elev. ' Sunniness Area(Par floor) 2 Mock Rm. '57,751 7 2 235879 Bldg. "A" Floor Plan Second Floor "` Total Non 2,128 4 Total Net Bldg.Sq.Ft. 9,422 10,045 18,467 Scala IX 1--0- . :, ...,. _.: .... ._,,..... . . _ ,.., —-_-—-—- .2:•. -—- .--::=4.1.tMe..,—_ issr.....so mmm eir;;;:L;viummisse;';'Nes . . •:,..*'•::i'•':;?.;:t:; II;;;;;: ;;;?..;:ia .. .. ..... .,i; . ...;.:;; ,......—„.. 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I— '---"` 1-113 ill il. iii di IN -ii. ;I 221111-sw 0 1 li '11 in 111 'ON 'Mt MI Nll IR 1.1 Be 'OS is BO Nil . ; Mfg lia ':: ;:: :. ':: :: 1:: [ilia :: :11 0 a .• .. .. .. • .. •. • ,•• • .., ... .. Do Wog .. .A.., ff. 1=0 ID .....1, 8 Rear Elevation • s _• . Scale I/8' = 1.-0- • C — a ... ti, Noftt Al 811ruettree have .t sfis ' I.. ' 7 ,_,... ., 0 ,......,................-.........:....:........................,,..:mi.-........:;:?1,..%;,....... .4t.i.: ..... - 2 . ..''.,...:.'''::1'7i:Vii:hi'.;.ii.;til:i'iiiiiiiiiiiiiiit.ht.:::.:ii!iii:iiiii:''.'!flilmonigli,':.:.:f ,:,'Vii.:::';4.':i...tiM4::::.".'nt.'::::::i,'i..u.";•11tif iii'li,;:p,!:;;;;;•••••:. f z ': •••'Vt i: t'"'t''":':::::':;;Utt:'?:,VM,''':'';':!';':'';t: '' ' .- -••-• .0 NE-15 ' —:.:',/i!.!.00id::"Meili.;,:::;.::;..;.:.';;;;;:•:;:t.;=!.;;;;:;.:;.141.4 ,i... IT''In::::n:. .;;;;;?;;.th..........,. _ I ... „.,,,. 0 ia6 lm5 41..1 s.1....7.'..-4' :;.-4.,‘ i ii'I•IsiI:i•ImI p-la•iNa-•O- ki_glt, A• :•r•1 •i:• 1 .-.v-...l•.i r.•I y N•••: i•.n--.! H ipaiiss 18 ILIIP.-3.• —.....iC0.,..—1 a Li. k • a• riIas w _IML . 1 M11 IIM M I _7c. Left Side Elevation Right Side Elevation . __. — Scale 1/8- = 1.-0. Scale 1/8 = 1.-0- D. Project 11.3. . • ET SEP 2 3 1998 Building "A""At" 4 ID .., o0 O - 00 0 0 0, w ._ _ .. I I iIiiiIIriiI 1. c.o. 111.01101S, 1 ± ±sJuIW;! ! : I �• l. _" II _ �,fa-r-- r Lease Space Lea a Spac I�1 . z t i me& — A I 1-- ... L 'Proposed .....,,. Pfo ed _,_ _ 0 X m--e 11 Corridor t=mot Corridor�s !_�� -_I�� s 3 - -__ r - Lease Space `maw imm VIIV Lease Space II t 8 I Qt 1-17:7 __ J ) rISe .,. . .a w - oa. ,_ wa• .-. NIIIIMINIRSITIZIN - U - .c C • 0 . Le IL t Area Calculations id LI M 2�y t Total 'Warms C3roe.Bldg.sy,Ft. 11,960 11950 23,900 Exterior "'itor Waft 524 a122 20 AECD SEP 2 3199$ Star.(tat fin,only.) 531 — 531 Non-leasable lobby 1,138 933 2,071 0.; Toiet. 295 306 601 Ro}ce No Tele./Elec.Fbn210 El"'/Mech.Rm. 1� 76 235 Bldg. "B" Floor Plan First Floor Total Non Bumpiness Area(Per floor) 2_831 2,066 4,89O Total Net Bldg.84 Pt 9,119 9.1382 19,001 Seal. 1/8' - 1•-0' 0 _ . — — • All,----7'-' - .Very Q Q �•. 0 0 �. It. Q '.w VIM .W • ...•l TOj V •.n1 ..a 1 a i1.b 'Tore- �'�'.' I NPI I .W I '7/.f`I To. row We1... .W • YY I..YiV `Tel- loc., ) I ` I ,,L...� 1 ,I JJ .E iEtiin' I at l .a..l r,� N I w• ere,, Leaise Spac n k Lea a Spac . 3 1 �,a ` l h k L -1L� Proposed"`"¢` ".,`"" �opoB ° y n Corridor Corridor �� _ — _ Q. F y _ I L - � . o Lease Space Lease Space 4- ' 1 V x s / s c U • W j ...a. ( I -- — - o I uis , Area Calculations t•t t,..._ ?rod 1,..+ Toted Grow Bldg.Sc;Ft 11,050 11,950 23,900 Exterior We 524 524 1,048 Janitor 81 122 203 RED SEP 2 31998 Stains(tat 11r.only.) 531 -- 531 Non-lesaablelobby 1t18 933 2,071 tw• Toilets 295 306 601 Project"' Tele./Dec.Ftrn► 105 105 210 Shoot / Fin 167 235 Bld n B11 Totes Floor Plan Second Floor Total Non o„Bt Bu..tne..Are.(Per floor) Z.B31 zoee 4,t10o g. A_� Total Net Bldg,Sq.Ft 9,110 9.882 19,001 1 sccl.1/8• - 1•-0• , • __________AD_-- ' —41F- 'rir' — ---...r� .. , . . . . . Ii :: ` .. .. .. .., :.::.. • .• •.,•.. ,,p •• .,,.e un .. .l1. i . .., .. • .. ... '� ..••!,.!..o..:..:° • i ..!.■ ■ . . i:j:.• i:!...!:!••i.:: :!......'!.■ ' .1!.'. ■■ .l .. • ■■ ■ ■■ ■■ ■■ ■■ .II J. .I■ III II Is II II II ■■ ■■ ■■ ■■ ■■ n hi Ns i i ■■ as in : Jos ,NE i■■ ■■ ■■ I■■ iu ;u;1 I•■ •■ ••■ ;•! u Ns ;.■ a ■■ n ■■ ■■ ■■ i i ii „ ■ i. i■ i. i■ i. i. ,i.,i.■ i. .n n Ln it n i. i■ „ „ n :. " i :-... jj :: :: : •. .■ ■■ IN ■■ ■■III lell MO OM In ,Oli i_ .■■:� ®® � ■I ■II II■ I Al II ■■ ■■ ■■ I.. .. :: :1: ll II II 0 0 Pews Rams Front Elevation - ,� Scale 1/8. = 1'-0' . • ::eu::::;?::::.P.,S.r::r.II.. .,., 1.••::4 r1; ::. . .. ...•.. _ • ....',....;;,..,,....:::°::••:. ■■, ■■ ■■ ■ .•■ • ■■ ■■ ■. a ■■. J{ J ow EN so ma 111 J.• .■ • ■■, '.■ ■■ ■■ ■■ ■■ .■ ■■ ■ ■■ •■ 0 n ■■ ■■ ■■ .0 .0 iu ■■ a lu Iu.� ,u ;n 'u ■■ ■. ■■ !u ■■ u • u lK.• i i i • •. .. .. ■• i■ ,n ,n n •? In ■. .i�■ ■1. �:.r:. �i �n n n i■ I■ „TuiIIIII IN pp pp pp pp anvil ' n •■ .. .. • a -- 0 • • Rear Elevation •() g V C Scale l/a' - r-o' . O 1. Noe.. Al etrvicerr:wool L ,Ji51l 'St1', 100X moans adrba 1 {I . i 7 — -- — U t . . • .. .. ■ .■ .. .. XI :: ii "••' •• .ii i '.`■ ," •1-7 r. • BM -I II i. is IN NO • I .�..... MIME MillealiMil i i�■-•Ii� MILE — ■_I ...— Left Side Elevation Right Side Elevation ..e. Seale 1/13. = 1'-0. Seal. 1/6' - I'-0' Project!y, .3�{. "k-- Building 'B' REC'D SEP 231998 A_f • • 0 YY„MICIMINI eV PLANTING LEGEND &USAIR MUNN_ DOr1•CN I muuw•.. Ga OIAMIR re... O W M=OW!PONT ION r 0 6MAO416 M b.11/. DON 00 /WO••0C. • O�../WIG! 70N VPW M.•• 6MMJ•AO 411) ita ccourrourpaweIWIN DON 101 G'WM. OWI MAMMA ea • p .uam•1. DGH r nNnaoc O MR.WILY MOM Hour ® MQIWrmA0111 OOH r Nod aDc IAC /II1000TL.cIv,•u.¢ a•a a MOM rw90100 M c•NEmnE Q wwol:61A DON • RSPCA O•!NG• LOGN • I VOCAL W 0 MINIMA VYV MAW DON Y GE MAW, OW•EYNIIINOMA • • IO OMA,M1OR WHO' I ON 57 • • 0IIYONoatenNIDRYAMA•AY•T0anr OOH A MA7•pl WAp IMIPU AElTDQAT RK O HOTMA.1EA•R/ DON SsoRANf 4'0 L 0ne&IMMO! LOON GLW / I04G W RI PLANT • IT? �TrROM! NWKYOD O.[ DON NSOL - 0 .�YYGMNIA YCAL 0 O IR MOON YAR=•�•IYLA MA AMMO: ILOS lfM. 6 O'WM. II F. •Lot OK YCAL D O VYA•A amyl DOH PWM I . !■ f WaREMO MGMld S O OS IA:LWOW DLM/EEv1F15 S0 GN a I TGL Mk •IIKA VAI.00IIV N b 6WM A ELM DO ' . II O] IAreDA. M /IT0 OR/LA ■3 1 Y N.MN=a - 4•1016 00 50IMINAM 0D•• ill I urns IM•G0 PIO• e•. Q OG scleI....11.o.� —� Mtn 5. pRNE.WaY D YMPT'iP'G IFI" Tuv•La•IY wD►a.D•r••oD,b,,.xi 4'r��_ - i -- LcJ _ __/-�` /d V aY r`r 1:e`r,{ / "f Yll.1.1-7(7:"....... L:�-•`��1 •— • s-•..•�.. . i• i ��d - C e,lL / / li� i _ g� I/ \ an331 1---110.1 • 1l ~ p Aire,awl.ww ._� 1 --, i :I i Cw JfH NVa'.o0�N4 CT •1 [ (i';, ,„.. oil 0 G� , IY^. , I . I . I . . w , , , . „L., ,:,.., , i . raga V taid • 40,_.. • 1 - g :-.:i al,- 1 . e, i g ,, gi . ___ ,,,,.., ,i . ,..., ` 1SIMr, I11 �wt "1 nl t 1 ..10 , „ E.'• 0 I I .._ r • r; / - 1 1.0 i ZO 0".:.s9 -OODGGt�'i� .'1 ti l p- OO - I r ey _<AIM:,. ` O' 7: A��,J "dj• yl r.�_ *jI_p,',,11 HIM� i I r-rp0 s�,_ I 1 psi.: IA6114FM ----(...7..)- r.MK� I II 1 1 • !d/aI P'PIORr.�t•L O'vrt;T "�" fit' S .,v2 I'M rA_-" �'<_°:..�'i ww'M4'n _ 71.1.1mie ... . L_' 'ritual,tm•eoL. RECD MAY 2 61998 86619 7 AVW Oa z-k....... .." • _4:Jif I s1i. ? . . /fa_ nw,ls-iva17tL CMS • 1/ b SdlL onlr2f f+n:1)S. 'MEW 9 • l �,. \ FB OA.t3lsl4 07 11..rax; 7 The ` �� 1sn.L _+1°Yr.1 VL�UNLL<.? —I-,�1.� Obi-ilY. 2\ t 01 71~-', • _7 N— ___I____f—� � M 1 t . i '.......:.' 1 4 1 1z a&l,_r3 2 11'3 1 . \ ; ( ,.I _, • v -, \ 1; 1 " `• 1\-7 )1 L.7 7°'''' I/ :--A>____(frn '‹I) il 11111111 •1411 (birvir,„,,ilw �� ;-4 s o �� - ('w P P -k_� -� .=1 - '.. ) ...M. IN MI6 � Ili i ,r(71 0 - -=,...... :::::::..-- ....... ,,,........ e NM/WA.,00 J.11-11 ( ‘7.2. ) I-. 1 ,. • = ' 7 __AI_ """' On0"O 02020Ai __ ^.:^ O"0 O i 011a0 ::,__ Oao .. „ Oa° 1 .A. - 0. J _ Sr,i I pI ba.7v ] nry- I I (ue) Iy �A. a�v>.>rna iI 1 - ry ANN.\ VIr�cpY�d+nv do luill0`/ �� n_o.iv7.JilS� of ._..." I'I II C rlII I l l G W C11-rArrl ImIJ l lc7ld WA al-'p • w i.•1•.. 11 4..4.1•.l Ii•1.1....1 Mat N.. .M..TT• ......w111.^•I1NIa.1 i II l..w tw s 44NW ... 441 n.I.M.Y. .l 1.511... Niw.4.44 • /5•fl,1 t.1 1• ,,, N It I'TIHa It'•a....•..W,...t.1 ..t......... ...N..,T i.�•l. .41w . Wf T1l•Itso P. •..n. 441 'hTi+•• •14In11• •ht.ttlY•i 'hi.•N Meth. hl... •..Iwl 111.•t14 ...al Ile all ammo{t...at Ill lag O 41 Ml...iw N tin. hlltl.Pa! �I.1I iwl .I •i.l..Nw£..s.....1T. i•f . ii1.l 4.IT •4..4.nal.1.SIft ,.•W•\i .•f.10 i'•1 1BRffi!N • ...MAIM • . 111111 • City of Southlake,Texas STAFF REPORT October 2, 1998 CASE NO: ZA 98-083 PROJECT: Plat Showing / Lots 12. 13. and 14. O.W. Knight No. 899 Addition STAFF CONTACT: Dennis Killough, Senior Current Planner, 481-5581, ext. 787 REQUESTED ACTION: Plat Showing of Lots 12, 13,and 14, O.W.Knight No. 899 Addition on property legally described as Tract 5E situated in the Obediah W. Knight Survey,Abstract No. 899, and being approximately 6.1441 acres. LOCATION: South side of East Southlake Boulevard(F.M. 1709) approximately 1,100' west of Byron Nelson Parkway. OWNER/APPLICANT: 1709 Joint Venture Partners CURRENT ZONING: "S-P-2"Generalized Site Plan District with"0-1"Office District uses LAND USE CATEGORY: Low Density Residential NO.NOTICES SENT: Five (5) RESPONSES: None P&Z ACTION: August 6, 1998; Approved (6-0) subject to Plat Review Summary No. 1, dated July 31, 1998. COUNCIL ACTION: August 18, 1998; Approved(7-0)applicant's request to table and to continue the Public Hearing to the September 1, 1998, City Council meeting. • September 1, 1998;Approved(7-0) applicant's request to table and to continue the Public Hearing to the September 15, 1998, City Council meeting. September 15, 1998;Approved(6-0)on consent applicant's request to table and to continue the Public Hearing to the October 6, 1998, City Council meeting. STAFF COMMENTS: The applicant has met all requirements in Plat Review Summary No. 1, dated July 31, 1998, with the exception of those listed in the attached Plat Review Summary No. 2, dated October 2, 1998. L:\COMDEV\WP-FILES\MEMO\98CASES\98-083PS.WPD (� , mem�1�1�� Z. F1RJ s+` 11.11111 %MI It.4.4 \ --- -- :EU Ilirr ,; 111111till2.11.71. o. Mann Agb reGSPT III -A �l/ �/%�� I O �? I I 1 I I I. I !J .��. � 1 ► \ '; 1141177 AugSS1-i7 \ I I Z I tiA Ei - . ..t.alli- .. r larF, i , / . zi--.- ._ 1 S I ( 1 ' AID i� I I`\ ,.w. , / / �_ ' I t a. I posit 401-: —, ' - -co 1 ____'4 OP lak . - .. . ....* ,E r_.,,,Hoi3O �o , �'� Y ,. / .*.4 J--- > I ( I I Fp l —f _ 7 �-\iii f /1 — )) 1 I', 1 ' �c d I 1; I \ IIA I `, I I /, _'_i - ,/o,,,, 1G 1/P C " i n �,,I I , `' L // �' SZ - --SPE i f I � PM LI ; I I U1 = .� 1 Ir 1; *0- , „leo_ olo mun,...41i mil , cr+ v_ - :Fp,' VII& _ i ,...., -'‘'-,0 C td: I 1 4''- mi . PCI7 1111111110 �I tr7".nilii 1 ui 4* '440111..,. maiLick . $1111111tem FL rim A r- AI i' IIIII Tx / '13 ' 1 *Arnie; Wil ° 114=31 > ' Il% i11■// ` TRACTi i iiia� — MAP A I ' ,naZ 1i TR 3 W. HALL 10A 1 l_. " " 7 13A 4.47 AC SURVEY 1A 2A r _ _ ___ _� "SF-� a _ A-687 __ __ 108 ku1 B 128 B J.M. STEV NSON TR 1 .409 AC - 16 j 2E n zi0 - STATE OF TEXAS/ _STATE OF TEXAS "AG" NN TR 5D1 TR 5D2 2.365 AC 1.698 AC i WESTERRA TIMARRON "AG" „CS„ , ,,,_-- (.„ TR 5F • -� "�� TR 5D 1 B TR 5D2B 10.0 AC TR 5D6 3.948 5.351 A TR 5D3 2.78 ® 1.68 AC CITY OF SOUTHLAKE IIS. GAR R ETT ,u a WESTERRA -. ,_ b, TIMARRON g.IMOOD DR 24 Y U . ,a. A 32 1 33-9 34 . •, 'AG' :1 •-R 2A2 WESTERRA TIMARRON 1 25 a 00 ao _'0 w 1.19 AC 122 - NeSI . <gm it. B. SMALL TR 2A5 a 26 1 124 2.398 AC TR 2A3 a\59 10 3. 4$.• �! „ „ 4.712 AC R2 rR 2A1B R-PUD ri 4 .97 AC •L 247 111 • 13 = 1 v S rV (^ 14 +p 4, TR 2A3C CLAYTON CT 10 P �� p =�,4, 1.93 AC ,uE ,m29 o• R 11 Yi 9 $ riN ' �� ,m A ,m a r. 3 ? . __ V. Q 10 1 F 1 - 4ifn _. sC.) 5 14 w I Q�. i 8 ? 12it z tl ADJACENT OWNERS 4 ; s10 ` ,i 9 2( 96-3 AND ZONING . D.„„...__ Sr • City of Southlake,Texas PLAT REVIEW SUMMARY ase No: ZA 98-083 Review No: Two Date of Review: 10/02/98 Project Name: Plat Showing, Lots 12, 13.& 14. O.W. Knight No. 899 Addition,being 6.1441 acres out of the O.W. Knight Survey. Abstract No. 899 APPLICANT: . SURVEYOR: 1709 Joint Venture Partners Randy Gregory Surveying P.O. Box 1702 7700 Precinct Line Road Southlake, TX 76092 Fort Worth, TX 76180 Phone: (817) 491-0335 Phone: (817) 656-0610 Fax: (817) 430-3620 Attn: David Ford Fax: (817) 577-9436 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/21/98 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 EDWARD MCROY AT(817)481-5581,EXT. 880. 1. The following changes are needed with regard to the legal description: a. Confirm the name and spelling of the ownership. Best-Tex Financial Services, Inc. is stated as the owner in the legal description while the graphic lists the owner as 1709 Joint Venture 0 Partners. b. The POB listed in the legal description does not match what is shown on the graphic. Correct this discrepancy. c. Remove or appropriately identify the deed volume and page and significance of the `Gaily Tract"referenced in the metes and bounds description. d. In the second call from the beginning,Provide the deed filing information for the Garrett tract. 2. In the third line of the dedication statement, change the statement "... I do hereby..." to " ... does hereby". • 3. Show and label the J.M. Stevenson/O.W. Knight survey line. 4. The following changes are needed with regard to easements: a. Provide easements for water, sewer and/or drainage in compliance with approved construction/utility plans and in conformance with the approved site plan. b. Although the 5'U.E. shown along the south and west boundary is required by the Subdivision 0 Ordinance generally for franchise utilities, staff recommends that where possible that these easements be located along common driveways and right-of-way and be located in a manner to insure preservation of existing trees. - L:\COMDRV\WP-PILES\REV\98\98083 PS2.WPD Page 1 City of Southlake,Texas c. Common Access Easements are only required along the common lot lines of Lots 12 and 13 and Lots 13 and 14, extending from Parkwood Drive to the west boundary line. Increase the width of the C.A.E.'s along both common lot lines to 38' near Parkwood Drive and to 26' near the west boundary in compliance with approved site plan. d. Provide adequate bearings,distances and dimensional ties to property corners for all easements which are not parallel and adjacent to a property line. e. Show and label all adjacent easements within "Timarron Addition Northwood Park Phase Two". Specifically, show both of the 15'utility easements along the north line of Lots 18, 21 and 22, Block 52 Timarron Addition/Northwood Park Addition. 5. The following changes are needed with regard to right-of-way: a. An additional 12' R.O.W. dedication for a deceleration lane along F.M. 1709 is required per the previously approved Concept Plan. If an adequate width of parkway exists through this section of F.M. 1709 staff does not feel that the additional 12' of dedication will be necessary. Staff recommends that this requirement be eliminated if an adequate parkway width exists. b. Dimension all property corners to the centerline and opposite side of the existing adjacent R.O.W's. • c. Correct the R.O.W. for the adjacent Parkwood Drive and the lot lines for Lot 1,Block 2, City of Southlake Municipal Complex according to the plat recorded in Cab. A, Slide 4518, PRCTC. The Parkwood Drive R.O.W. has been moved to the south at the common drive between Lots 13 and 14. The west line of Lot 1, Block 2 City of Southlake Municipal Complex should be 255.' in length. Adjust the front building line for Lot 14 accordingly. 6. Label the filing information for the City of Southlake Municipal Complex as "Cab. A, Slide 4518" and remove language indicating the final plat has not been filed from the graphic. • L:\COMDEV\WP-FILES\REV\98\98083PS2.WPD Page 2 1 B-5 City of Southlake,Texas * Please submit a revised blueline "check print" prior to submitting blackline mylars with original • signatures. * Original signatures and seals will be required three blackline mylars prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x 11" or-14" paper) with original signatures and seals on each. Mylars will not be accepted if any erasures or original ink, other than signatures or seals, appear on the plat. * A Developer's Agreement is required prior to any construction. The Developer's Agreement for this addition should consider streets, drainage,park dedication requirements, off-site sewer extensions, and off-site drainage and utility easements. * Denotes Informational Comment cc: 1709 Joint Venture Partners VIA FAX ABOVE Randy Gregory Surveying VIA FAX ABOVE • • . L:\COMDEV\WP-FILES\REV\98\98083PS2.WPD - Page 3 .'".7.::14'..y het''?+ 11 'I 0 . •••`.. , •• • rtew ve::,.., F . .one . =:=::..•.w.r�..rwr....�.•�«wn...r .i w.w r.-.....—..--.�,r«wr:.. w.•w.r • .. =p•.rr+•••iw"•-rr«ww_w« w.r•«r r. L ....a•w , ^ n�•1•rrO,n..rr,f...-•t _•• « 7•••••• w.+•r4•••.•O•••• 7.7H•r".a•!• • n.K.• i•.••-.w• ti • ,••• •rww••••u . D.a.:::: »✓ t_ .. ^,Cl••-Y..•.•t_r•11•ern,.•.••.w.�.r•••,w.-w0••-w • • CD r._._._._._._._._._•ay._._._._._._.�r•.•am_._.—'—'—'p'7-1+m"F—'—'—._nu.—'---'—'—'—'----i-r•f-----• vP� --'—•---'—•—•�—— ° MK.W-�...-3,w-,.••.rw D.......6•« • H Lot 13 i i Lot 12 FI I n i • I' i sacr�w.. - ; � a �• Ii 1 i i r 'i I I i i �. ._•,.w.••..r ON I L'- "fin. 4- I rxaw • �i 1 7. "I i-•---•-•---'--tom,----'--._._.��.-•-•-•- -!--t '- ---. __ ._.L.—.___._ ---._.—.—._._ W ..._._._._.—_._._5-f I. CO •t 5-Ll. ta/ .mlln[' $ 2 '_._=_ ..nF.•., �,• Parkwood Drive fir:::::w.:•o.MDa ��•r • a • ! .::::: lT F_. .................................... n• Northwood Trail im,.:-,., "•••••"" 1 jUM k i Plat Showing " r=1 : Lots 12, 13 & 14 • • O. W. KNIGHT NO. 899 ADDITION - • �_,",� ;.._,„_. ^..„....,,._•�• Being 6.1441 Acres out of the �r """"' O W KNIGHT SURVEY ,,..r.�.•..._..•..»••. Abstract#899 _• City of Southlake Tarrant County,Texas :f 'D-SEP 211998 • ;VN ;• • 0u June 19 1998 " C•••." —r— August 10,1998 3 lots .. Randy Gregory Surveying . 7 700 Precinct Line Road �_• • case no 2i4 98-083 . Suite 200 Fort Worth,Texas 76180 • this plat recorded in Cabinet Slide date (817)656-0610(017)577-9436 FAX t City of Southlake,Texas STAFF REPORT October 2, 1998 CASE NO: ZA 98-094 PROJECT: Ordinance No. 480-290/Second Reading/ Rezoning and Concept Plan - Gateway Plaza STAFF CONTACT: Dennis Killough, Senior Current Planner, 481-5581, ext. 787 Karen P. Gandy, Zoning Administrator, 481-5581, ext. 743 REQUESTED ACTION: Zoning Change on property legally described as Lots 1 through 14, Block E; Lots 20 through 22, Block E; Lot 31 and a portion of Lot 32, Block E; Lots 1 through 6, Block D; a public alley, and the following dedicated public Rights-of-Way: Austin Place, Oak Knolls Drive, Gatewood Lane and Norcross Road, all being a part of Oak Knolls Lakeview Addition, an addition to the City of Southlake, Tarrant County,Texas,according to the plat recorded in Volume 388- W,Page 51,Plat Records,Tarrant County,Texas;Lot 30R, Block E, Oak Knolls Lakeview Addition, an addition to the City of Southlake, Tarrant County,Texas,according to the plat recorded in Volume 388- 183, Page 40, Plat Records, Tarrant County, Texas; Lots 1A, 1B, 2, 3A, 3B, 3B1, 4, 5A, and 5B, Block A, and a public alley, all being a part of Oak Knoll Business Park,an addition to the City of Southlake; Tract 6B, W. E. Mayfield's Subdivision, according to the plat recorded in Volume 388-C, Page 4, Plat Records, Tarrant County, Texas, and Tracts 3, 3B, 3C, 3E, 8, and 8B, situated in the Thomas Easter Survey, Abstract No. 474, and being approximately 42.21 acres. A Concept Plan for Gateway Plaza will be considered with this request. LOCATION: Northwest corner of the intersection of State Highway 114 and East Southlake Boulevard (F.M. 1709) OWNERS: Southlake Properties, Inc.; Shirley A. McCarty; John Michael Tate; Victor L. Leighton; Carlos E. Dorris; Thomas C. and Nancy C. Reilly; Cindy Jane Suski; James H. Saunders; Mary Louise Albano; Peter and Kristine Johnson; Eugene and Frances A. Bump; Mary Hutchison; Charles Wood; Dennis Carpenter; and Kevin Lawrence Marks APPLICANT: Lincoln Property Company CURRENT ZONING: "AG" Agricultural District; "SF-1A" Single Family Residential District; and "0-1" Office District City of Southlake,Texas • REQUESTED ZONING: "S-P-2" Generalized Site Plan District with "C-3" General Commercial District uses LAND USE CATEGORY: Mixed Use; 65 LDN Overlay Corridor NO. NOTICES SENT: Thirty-six(36) RESPONSES: Six (6) responses were received within the 200' notification area: • Cecil Yates, Route 1, Box 283-1 Canton, Texas,undecided. "This property was sold to Terry Wilkinson." (Received 8/25/98) • Peter and Kristine Johnson, 2721 Oak Knoll Drive, Southlake, Texas, in favor. "We have contracted to sell contingent upon this zoning approval. All residents of our neighborhood have agreed as well. There are no residences left in this area to be affected adversely if the zoning is approved. The zoning fits with the usage intended by the city master plan of `Village East'." (Received 8/25/98) • James H. Saunders, 2701 Oak Knoll Drive, Southlake, Texas, in favor. "1. All of Oak Knoll Addition want to rezone. 2. No sewer, no fire hydrant." (Received 9/1/98) • Eugene V. Bumps, 121 Austin Place, Southlake, Texas, in favor. (Received 9/3/98) • Thomas C. Reilly, 120 Austin Place, Southlake, Texas, in favor. "It will improve the appearance of Southlake's entry and will eventually relieve traffic on 1709/114 interchange." (Received 9/4/98) • Cindy Jane Suski, 175 Gatewood Lane, Southlake, Texas, in favor. "It will be the first shopping center as you are entering Southlake or the last one going west to east." (Received 9/3/98) A petition was received from the residents of the Oak Knolls Lakeview Addition in favor of the rezoning. See attached petition. (Received 9/3/98) P&Z ACTION: September 3, 1998;Approved(7-0) subject to Concept Plan Review Summary No. 1, dated August 28, 1998, with the following modifications: • stating that approval of this Concept Plan does not imply approval of the gas station as proposed; • allowing Item#3 (intended lotting) as shown; • deleting Item #5.a.2 (public street connecting Crooked Lane to • S.H. 114); ?C-2 City of Southlake,Texas • deleting Item#6.a.2 (minimum 500' spacing between full access drives) and provide a common access easement at Drive'A'; • amending Item#6.a.5 (spacing between driveways on F.M. 1709) to delete Driveway'F', accepting'A'to 'B', 'B'to 'C', and'C' to 'D' as shown and accepting 'E' to S. H. 114 at approximately 450'; • amending Item #6.b (stacking depths) to eliminate the four (4) parking spaces on Drive 'J'; • deleting Items#6.c.2 and#6.c.3 (driveway alignment); • deleting the following uses in the "C-3" district: 7). Conventional golf courses, including outdoor driving ranges necessary thereto, but excluding miniature golf courses; 16). Lodges, sororities, and/or fraternities; 18). Mortuaries, funeral homes and undertakers; 23). Plumbing and heating appliances, repair and installation services; and deleting the words "and care" from Item #17, medical care facilities to include nursing homes, hospitals; • deleting the following uses in the "0-1" district: 29). Radio recording and television broadcasting offices and studios; • deleting the following uses in the "C-2" district: 8). Business colleges or private schools for vocational training; 24). Frozen food lockers for individual or family use; • accepting the applicant's agreement to limit Christmas tree sales to the 5% of outside sales granted by right and limit any office • related training to 30% of the tenant's floor area; • limiting the number of screens in auditoriums, theaters, and cinemas (listed in the "C-3" zoning district as Item 2) to twelve (12) screens, and • to include the architectural renderings and accepting the applicant's agreement to make them a part of the Concept Plan. COUNCIL ACTION: September 15, 1998; Approved (6-0) First Reading subject to Concept Plan Review No. 2, dated September 11, 1998;per the P&Z recommendations of September 3, 1998;and subject to the following: evaluating city use on site"E;"on Item#4b, allowing the 300' street radius as shown on the proposed 70' R.O.W. A4U.; on Item #4c, work out with Staff west-bound decel lane R.O.W. (require only if needed); on Item #6a, waiving the required .bufferyards along common lot lines of Lots Al and A2 and requiring area and plantings to be placed on the perimeter of the site; on Item #6b, waiving the required bufferyard along the northwest corner of the 70' road and overpass intersection and requiring that the area and plantings be placed elsewhere on the site; Item #7a, requiring Building No. 6 (along.with Building.Nos..L and 19) to be constructed allowing a minimum 30' setback along F.M. 1709 and S.H. No. 114 and prohibiting parking between the buildings and the rights-of-way; allowing a 10%variance on the number of required parking spaces to 7c-3 City of Southiake,Texas be evaluated at the time of site plan for all buildings,except the pad • sites; and accepting the applicant's commitment to maintain open areas in a "semi-natural" state and to maintain the landscaping in a living state as long as the center exists. STAFF COMMENTS: The applicant has met all requirements of Concept Plan Review Summary No. 1, dated August 28, 1998, and Concept Plan Review Summary No. 2, dated September 11, 1998, with the exception of those listed in the attached Concept Plan Review Summary No. 3, dated October 2, 1998. L:\COMDEV\WP-FILES\MEMO\98CASES\98-094ZC.WPD • 7C -(4 • Fcn S=P 3 31998 110 PETITION TO ANN CREIGHTON, CHAIRMAN MEMBERS, PLANNING AND ZONING COMMISSION AND THE HONORABLE RICK STACEY, MAYOR MEMBERS, CITY COUNCIL CITY OF SOUTHLAKE,TEXAS September 2, 1998 We,the undersigned residents and homeowners of the Oak Knolls Lakeview Addition of the City of Southlake hereby request that the Honorable Mayor and City Council favorably consider the proposed re-zoning request to SP-2 C3 General Commercial for the Oak Knolls Lakeview Addition to the City of Southlake,TX for the following reasons: The current condition of many of the properties located in this addition are deteriorating due to properties being converted to rental property; • The streets included in this addition are currently in a state of disrepair and will require future capital maintenance by the City should this area not be re-zoned; In its present condition, water service to this neighborhood is considered inadequate for fire protection; The proposed re-zoning improvements will provide relief to traffic congestion at the corner of the Highway 114 eastbound service road and FM 1709 and,provide a better traffic flow to and from Southlake via the new proposed Northwest Highway extension; The proposed Site Plan encompasses aesthetic improvements to the gateway to the City and is reflective of an environmentally sensitive design. If the proposed zoning change meets with your satisfaction,your vote in favor of this zoning change will be greatly appreciated. Name Address ; 7 U/ 0/9.Y /77/� • ?Cog -2_ - g4<<r - - • September 2, 1998 Petition for Re-Zoning Oak Knolls Lakeview Addition Page 2 Name Address /^/ k z t } , `_7: ,Qc<. /2/ 4C - s o let Age rxl 1/4.....4,.....,........./ e ,,, ,4,,,72,,„, ,,, ,:i P. JDfri..tisavu ;z---,a-1 - 0Iv kit/DU- o,e- Screen{LAge / 2-e7 .9-1 - 0A-te tzAJoLL 62 Qc,(4rtf-c 70 .. d afg e .QQJ ® /ik.,«a( 1.7 C Au-s�/ A) Piet < �- . � � .) / ZG ,4 vs/_i,,i , 4 / /J4�,� ( , a,•_,--4-1A-.:-,--z--'., - /-2 . //..,___-_, . 1C'S • _____--ii A a'm u.sX1 At. -,.....•mirwirlqou , 111.0.r.ri a_ it 5c 2armiti. a. . i 42 or iste _ Pw EAIIP :__N, - ,,. ion A ____,__________.aa.4 .-.• .1 tif tigiAr-la tialaial‘s•'z-rix sus isiziAlems "A yr '•'5i4 ____, ..-.3. . .,_,71.1111:firi_.. I IR : 4 ,i,I,. \ 1 IC riliqr"Tn1432 i :lig. 1. 1,11orriVill fr.112..111"11011114 WallidigNI ).1 ...... -. 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LAM AND ZONING . riOg , or..P "qG" TE h�yYy Moa,Lr 5Y o p, ► 1 z 4 V , V " M , r A' I O�� , a I 1 ip. VAr Aib- . MOBILITY SYSTEMS INC. ' O Q • - 0. ICAO DP. "' sas? ;� EAS,_ ►EY I 1.,I /r" !S �' SURv 58 "AG': - 01111rir ' V" 1 -3°7' r : '7,0A, tip 8 ° 10 11 n 1 A d i•p! 1 i r:44 410 .....1 1 1 I I- -- 1 — 1 -- 0 J.TATE D.PERRY01 M. /" , ' ? I LEIGHTON / I Dif ' � � 1..0 OR ,),... iR,;"T ;.AG., � � . I00 Aii0.00 TR TR000 ,= 3a •C_2• 01111101000 G. C ,,3•,,C £.406Aiiii WOODSIDE - s, . 00 , . i4 / .,6 v,-1 F TEXAS __ STATE Sat y - STATE O rm.,—s 9 F TEkAS . 054 ®��4 F TEXAS tr i o 4 W 1 w ' TEXAS TR 2=' `� 40100 silos O A I �;� 2 m : a NATIONAL BANK 1.237 WIT 3 I 2R ^�= w u -� SOLiTHLA a I—1 p 634 C7 L -/ j J. TR• STATE OF TEXAS ,r R. PACKAC a 5a �EA?�Ow 766 A ,c2 1.835 A� 598 O ,+ + .AG. 18 R.PACK R. PACK 99 •y� J.GREGORY S. 13 I R2 1 R �+0 6G8N A O `S� J�yG� SOUTHLAKE PROPERTIES INC. 1 i �� \ANDEASON ' �J co¢ 0. T7"AG" "S-P-2" 1.556 AC I—1 , "I-1" I 3.352 0 r 3g aR2P2 .744 1 '� City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY Sse No: ZA 98-094 Review No: Three Date of Review: 10/2/98 Project Name: Concept Plan for SP-2 Zoning Request- Gateway Plaza, Being 42.2 acres of land in the T. Easter Survey, Abstract Number 474 and T. Easter Survey, Abstract Number 458 APPLICANT: ARCHITECT: Lincoln Property Company O'Brien & Associates 500 Akard Street. Suite 3300 5310 Harvest Hill Road, Suite 136 Dallas. Texas 75287 Dallas, Texas 75230 Phone: (214) 743 - 3100 Phone: (972) 788-1010 Fax:(214)740-3451 Attn.T. McCoy,R. Dozier Fax: (972) 788-4828 Attn.Lisa Leslie CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 9/21/98 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 LISA SUDBURY AT(817)481-5581,EXT. 862. .42 1. A Specific Use Permit request must be submitted in compliance with the requirements of Ordinance 480, Section 45.10 and approved for the gas station shown at the northeast corner of FM 1709 and the proposed arterial street. Approval of this Concept Plan does not constitute approval of a SUP. Any use requiring a SUP must be appropriately processed through the City under a separate application. 0 (P&Z Action 9/3/98:Acknowledge approval of this Plan does not imply approval of a SUP.) (Council 1st Reading 9/15/98: SUP (#ZA98-095) request was withdrawn by applicant.) 2. Show all intended lotting.Any further subdivision of this property will require a revised Concept Plan ' so that the appropriate bufferyard requirements and any other resulting issues may be addressed. (P&Z Action 9/3/98:Allow lotting as shown.) (Council 1st Reading 9/15/98:Approve as recommended by P&Z) 3. The following changes are needed regarding rights-of-way: a. Show Norcross Drive right-of-way in the southeast corner of the site. Exclude this area from the proposed Lot D. The City intends to utilize this area for a portal entry feature. b. The Village Center East circulation Study attached shows two public streets through this property as follows: 1. The VCE Study shows a public street connecting Crooked Lane to the approximate location of Drive"J" on S.H. 114. (P&Z Action 9/3/98: Delete public street connecting Crooked Lane to S.H. 114) (Council 1st Reading 9/15/98:Approve as recommended by P&Z.) 0 . 2. Connecting the north line of F.M. 1709 at Commerce Street and the'proposed Northwest Highway overpass intersection. Staff recommends they show and label a proposed 70' right-of-way (48' conc. pavement and curbs) for a 4-lane undivided public Arterial. Label the proposed public arterial. City of Southlake,Texas 410 c. Provide a minimum street radius of 600' for the proposed 70'R.O.W. A4U. (Council 1st Reading 9/15/98:Allow as shown.) d. Expand the right-of-way width on the west side of the proposed arterial street at the intersection of FM 1709 in order to maintain a consistent parkway width where the right turn lane has been provided. e. The three west-bound deceleration lanes proposed at Drives"C",Drive"D" (added on plan received 9/21/98) and`B"should be designed to provide 12 feet of right-of-way for 150' with a 150' transition. This right-of-way is in addition to the existing right-of-way along existing F.M. 1709. (Council 1st Reading 9/15/98:Applicant to provide additional right-of-way, if staff determines it is needed) * Proposed driveways cannot be located within the transition area of a deceleration lane. f. Correctly show the right-of-way and roadway of S.H. 114 and extension of Northwest Highway overpass consistent with TxDOT schematics. 4. The following changes are needed regarding driveways ingressing and egressing the site: S a. DRIVEWAY SPACING access drive along Provide a minimum spacing of 500'between centerlines for any full F.M. 1709 west of Drive "A". An existing driveway is located west of Drive "A" at 180'. (P&Z Action 9/3/98: Delete minimum 500'spacing between full access drives west of Drive "A" and provide a common access easement at Drive "A"). (Council 1st Reading 9/15/98:Approve as recommended by P&Z) 2. Provide the following required spacing between driveways along F.M. 1709: Drive to Drive or Required Proposed Deficiency Drive to Intersection Spacing Spacing B to C* 500' 463' 37' C* to D 500' 204' 296' E to F 250'R-I/R-O only 186' R-I/R-O 64' F to S.H. 114 500' 130' 370' *C evaluated as a 70'Arterial intersecting with F.M. 1709. (P&Z Action 9/3/98:Amend comment as follows: Delete Drive "F", accept "A" to "B", "B" to "C", and "C" to "D" as shown and accept "E" at approximately 450' • from S.H. 114) (Council 1st Reading 9/15/98:Approve as shown.) City of Southlake,Texas b. Provide the following required spacing between driveways along the proposed Arterial : Drive to Drive or Required Proposed Deficiency Drive to Intersection Spacing Spacing C5 to S.H. 114 200' 140' 60' c. STACKING DEPTHS 1. Provide the following required minimum stacking depths for driveways: Driveway Required Proposed Deficiency Stacking Stacking G 150' 125' 25' H 150' 149 1' (P&Z Action 9/3/98: Eliminate 4 parking spaces on Drive "J" to achieve 150' required stacking depth) Complied. (Council 1st Reading 9/15/98:Approve as shown.) d. All proposed right-in/right-out driveways must be designed to meet the minimum dimensions of the Driveway Ordinance,No. 634, Appendix 5. e. DRIVEWAY ALIGNMENT 1. Show any existing or proposed driveways on the south side of F.M. 1709. There is another approved driveway on the site west of the Shurgard property. 2. Staff recommends Drive"B"be relocated east of the cemetery if possible.to align with the existing Shurgard drive 'south of F.M. 1709 or further off-set from the Shurgard drive. 3. Staff recommends that Drive "E" be aligned with Bank Street. This alignment was shown on the previous plan. 6. The following changes are needed regarding bufferyards: a. Provide a 5' -Type A bufferyard on both sides(10'total bufferyard width) of the common lot lines between proposed lots.No bufferyard is shown along the common lot lines of Lots Al &A2. (Council 1st Reading 9/15/98:Approve as shown with plantings and area relocated to perimeter of site.) b. Label the 10'-Type C Bufferyard adjacent to the"0-1" zoned property at the northwest corner • • of the 70' Collector and the overpass intersection. (Bufferyard is shown correctly but not labeled.) c. Staff recommends that the bufferyard along the west line of Norcross Drive be deferred until site plan review pending final determination of the entry portal. - City of Southlake,Texas - * Any future lotting will require that all bufferyards are provided adjacent to property lines. iProvide a 50'building setback line on both F.M. 1709 and S.H. 114 frontages. Relocate Building 19, Building 6, and Building 1 outside of the 50' setback. (Council 1st Reading 9/15/98: Approve Buildings 19, 6 & 1 as shown, with no parking between building and right-of-way, and at a reduced setback to 30) 8. Indicate any deviations from permitted uses or development regulations under the "C-3" zoning district. (Council 1st Reading 9/15/98:Allow uses as recommended by P&Z) 9. The platting information on the Shurgard site is shown incorrectly (T. Easter No. 474, Lots 4 & 5). 10. Provide metes and bounds around the entire property. * Please note that the applicant has indicated a "permissible building area" around the perimeter of buildings 2-8 and 14-17. The applicant has requested flexibility in the configuration and size of these buildings. P&Z Action: September 3, 1998; Approved(7-0) subject to Concept Plan Review Summary No. 1, dated August 28, 1998, as noted above and with the following modifications: • deleting the following uses in the "C-3"district: 7). Conventional golf courses, • including outdoor driving ranges necessary thereto, but excluding miniature golf courses; 16). Lodges, sororities, and/or fraternities; 18). Mortuaries, funeral homes and undertakers;23). Plumbing and heating appliances, repair and installation services; and deleting the words "and care"from Item-#17, medical care facilities to include nursing homes, hospitals; • deleting the following uses in the "0-1" district: 29). Radio recording and television broadcasting offices and studios; • deleting the following uses in the "C-2" district: 8). Business colleges or private schools for vocational training; 24). Frozen food lockers for individual or family use; • accepting the applicant's agreement to limit Christmas tree sales to the 5%of outside sales granted by right and limit any office related training to 30%of the tenant's floor area; • limiting the number of screens in auditoriums, theaters, and cinemas (listed in the "C-3"zoning district as Item 2) to twelve (12) screens, and • to include the architectural renderings and accepting the applicant's agreement to make them a part of the Concept Plan. 1st Reading: September 15, 1998;Approved(6- 0) subject to Concept Plan Review Summary No. 2, dated September 11, 1998, as noted above and with the following modifications: IIIII • allow the applicant to vary parking up to 10%at the time of site plan review, excluding individual pad sites; • evaluate city use at southeastern most corner ofthe property; - 1C—( I -- • City of Southlake,Texas • landscaping to be maintained in a living state as long as center exists; 411) • open areas to be maintained in a semi-natural state. A • permit from TxDOT must be obtained prior to any curb cut along F.M. 1709 or S.H. 114. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records. It may be necessary to process Plat Vacations on the currently platted lots to eliminate unwanted easements.A 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. * 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. * This review is based on the "C3" Zoning District Regulations. * Although no review of the following issues is provided at the concept plan level, staff strongly recommends that the applicant evaluate the site for compliance with the following sections of the city ordinances prior to submittal of the site plan. Note that these issues are only the major areas of site plan review and that the applicant is responsible for compliance with all site plan requirements. • • Vertical and horizontal building articulation; • Masonry requirements; • Interior landscaping requirements; • Spill-over lighting and noise; • 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. Off-street loading requirements per §36, Ordinance 480, as amended. • Fire lanes must be approved by the City Fire Department. • All buildings must be designed such that no mechanical equipment or satellite dish shall be visible form S.H. 114, F.M. 1709 and any adjacent public right-of-way per. * Denotes Informational Comment enc: VCE Circulation Study-Approved Graphic Lincoln Property Company VIA FAX ABOVE Terry Wilkinson VIA FAX(817)488-2420 O'Brien&Associates VIA FAX ABOVE L:\COMDEV\WP-FILES\REV\98\98094CP3.WPD - l•C-1Z - I Draft /15: 319/98 Approximate 11 of i /i now H S. . 114 - ill • / Approximate areas of t '�'---4----- 3-1—T• / ,_controlled access 1`\ — // i 0 • • aR ..__--._-_t_.__ -�`- - - - ..i .p- -.--�'---' \ l Potential collector from �• LEGEND ----- • I N.W.Itwy to Commerce 1 _______-- Vogel Mobs y • Lan-�a� • - - - systems N--i I _C_ I 714 Potential collector roadway , l I ssrsNoa1•arsrs s { LL \�*M{� ` Carlson Calyentul Susu Potential Internal common drive Wtl1tet Mnetko 1 l _ _ r fly _ , 1 Abans �____ - 1 avau o 1 l ge Ametko S.H.114 controlled access locations C'vwl� J 161 ��►:r• s' Properties _ _ f ---- MablUly — ` St _ LeWhtoti 1 3S 1I Savnden 1 • I Mneao __ lottwit S terns kl f n _ Ln I,Inn ,� ----- Coy — ... Tat® UUetty I 1.,„„, 1111M 1 1 i Dank J ree \ 1 I—Hane9 --- IA 1 Tala t►. olp Patry� •• ..•' •••. • I ,��. • , , ` )/L;°dun ! ;�1 \ \ •��--_ ~,P I Dote• v • ,+ ( - 7:81i— Wowlslde I f ' (--`� \ 1 -�Yalas f ---- —rI LC. \ ` } __• -G- i. l � \ 1 • � j '• • � Polenlial collector lie to t (N S /511ILDatianv . • l \ iAustin Piece _J{ I ShanhLn \ — \ I J L._-_... \ r —— T I -F- \ \I -E- I \I Polenlial inlerrlal t \ i I Crooked Lane 11 common drive r- I intersection J i-" ' Ilik.01/ ; %,/ \ \ r '' Img. I .1 iI Polentlal collector __mg.---- • ��' � alignment - _ ink___________ 3/5/98 Figure 7: Reconuucnclecf Alif;nments - 1'&'1..: . City of Southlake,Texas IllTREE PRESERVATION ANALYSIS (Non -Residential Development) 1 Case No: 98-094 Date of Review: 09 -2- 98 (Revision) Number of Pages: ? Project Name: Gateway Plaza. Corner of F.M. 1709 & Hwy. 114 (Rezoning/Concept Plan) APPLICANT: SURVEYORS/PREPARED BY: Lincoln Property Company O'Brian&Associates 300 Akard St., Suite 3300 5310 Harvest Hill Road, Suite 136 Dallas, TX 75287 Dallas, TX 73230 Phone:'(214) 743-3100 Phone: (972) 788-1010 Fax: (214) 877-9099 Fax: (972) 720-1058 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: • As the Tree Survey shows at this time, it does not meet the requirements of the Tree Preservation Ordinance 585-A. We have asked the applicant to submit a aerial photograph with a transparent overlay of the site. This will allow us to better understand what areas of trees will be effected by construction, and what areas could be more easily saved. The applicant has also agreed to survey any areas that we determine need.to be studied more intensely. 2. The grading shown on the tree survey shows the entire interior of the site to be cut/fill. It does not specify how much cut/fill will be placed in any specific area. If the plan is any indication of what is going to occur on the site,there will be no trees preserved on the interior of the site. There will be pockets of trees preserved around the perimeter of the site. Future utilities will also have to be routed to avoid demolishing the areas that are considered for preservation. 3. To date the applicant has been making a good-faith effort to help preserve as many protected trees as possible. He has stated that because of the extreme grading that will have to occur on the site the transplanting of existing trees would be a viable alternative and is within the budget scope of . the project. When the Site Plan is submitted and we have the aerial photograph I think that we will be able work more diligently to preserve specific areas that will add a unique quality to the project. * There is a wide variety of trees on the site. It seems that the topography and prior use of the land dictates what species of trees are dominant in different locations through out the site. The majority of trees are Cedar Elms and Post Oaks. Along the creek areas and fence lines are Cedar Elm, Post Oak, Pecan,Ash and American Elm. There is an abundant amount Ash throughout the site. I also City of Southlake,Texas 2 4110 TREE PRESERVATION ANALYSIS (Case: 98-094) Gateway Plaza saw a portion of the site that contains a majority of Eve's Necklace, which is a protected 'Understory Tree'. There are also protected specimen trees located in yards of the existing residents of Oak Knolls Lakeview Addition. * Indicates informational comments Indicates formal information that may be passed onto Planning and Zoning and Council • • BUILDING DEPARTMENT • II II al MIIMIIIMINGNEI •.'..,.. • 13•21212..= . . W. 1/0•• 1/80121141113 tii:11JR.140)\NEM 0 (1/7 .----taklm • ._ ilry4.,.. IMI AMA MI AMAIN -----"---------------_ TR-2E3 04 .mewl ma MB.J1- -GIO17.17..77.7711 1=41 Ner"."4 ..greitiontIVerm , ° O'BRIEN 0 121=M111117' .L.7:-. alf472,' \ "I 64 r.t.. , h ANOCILTIS BILAFITAIIIIMILLY.2.:...IMI ., . . . la El IC:J=NOL.5.17:-.2.711 • me klaki. . ,, ... Iii=3•••••••1 OWLS L WWI"INN= TR-2E8 .v--i-v!-v-vr-.r-tirwor-h!i'r-11-r:-r-‘0mor- . 101CIMICI=1 norm RED k ..II.---17V i PI ri r fl-W"71 R. "."1111111111111111r •1-'''• LI irs=si miL-11.;-:misi TR-2E6 maiVala li wow 0 ammo ii,e_.ri.:,;•r,111 - ia_ . r• ,, , mows ••t-66•1.41--mom=-.r-1-**7-1;.t.-71 Z•mli---.."... ! 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I I I Weir' 1 lb II. 1 .004.0.jai .7 I 1.! I L....... 0 j .• • .... rim' NMI VIM.lif1180 INIMISOF Ill 4l10 2111 PT 10OW El CONCEPT PIAN Der IIP-2 badly rigout. &ten,BA" et Inlilaloi.Tanutaalati . VOLUM P•IWO 004 •IMS MAE 1:1 4LI afins.11/7/111 ",,:.:.4 sioagaf°'s 4ut. • • • . commitelerAr•-'')I • IMININININIMEN• • ., • • • ;'••• • . ,:,•1 , , , •.4, • .. ,'• '' .....?. • • • . ._ • . - LtGt.OD . • . • • . ... . . . _ • 1L}A5 UPI.0f lRAN5R0R10,0,1 CONCRCT(YONUYLN7 lOUND - ■ 0,5 NM. `'M 0o R6W, • AS NOD[DI RM fOLMD IC aCLRi of • IRON Din POLE IOUNO +yyPl ....ciao o'- • IK.NT ROLE 5 75'at•OB'C • ROwCR POL[ ti E•'Dab a c.00•E,•, 105.58 • 1(LEFM0NC REDESIK N :72 •10'30' E cs BOIS D'AR0 STARE FOUND 2 Smle i' ,OR . FIRE NVORu1t { 15 ?6 SIOf 0 Iti leo az XE _ ■ w•ILR YCIER • z 3 1.° Lot 22 4 )Z aF3 i �� n Felwwe Eels Notes: p r. • en fT5'•May , 3 ,F t��2 I. Ixt• ` • '• +. _ 2.BulidlnOFroll shoin. �, Fc Eons -(J(�r 1S' J Last 5 / �% ( 3.The Ee a••L •howEalkli^G LLtr Oa Wldb OAw / +/ 4.ThY moo ho b. ■0•Ft•end alleys W� { ay, roginuoub�, �Ir te 1 .S a5'27'aS Eh'O1, .hleh an to be vacated. Maseru, �j n,(j;��, 6a Or vacation d raid strwd atd 1� F t 2 ( t7-2:- - 500 j96'OY E alleys has nat yet ban approval o,:Th 6 a C p u qMr`�' ;'s1 458 ` a .,a c.aw n'. . `'1Q'.t Yt r , "1�j`'�'141' tib,s. ,,as' i� ''w'�a, _. —L — s 6v53.s'� IT J _._ .F. +� to u Rdb13"g' •' I�t` !) •'ONE KNOL�LA� • rt`EW 7 • H ET29'•3' A Nl�l °tGe' t.. 1 e L + rr VOL 3e{-tLu ao,ro 0.8. - Ga, + \. ��°r,a Ester Survy� Abe atria t T :13 ^ �1 \\\ t�s 9� ? k�y >e a m.. _n.,�. .( Ojd {qq 30R $ go '� f,1T � e 4 YT: J o. jr..' IPA I _ f ,� 1!I S R a•y �.� • � 7;f b z Y a � .a,a I u. 1�1' �,• a Jy _ . - 8 -ppY I K if" b} o I`C- o'w ':5rw 215 42 la `• ir I D. 1 �f'« iBmw Bfoliwp.W• �.e. Tj Fir 1l It 5, .I 652O,oD �~ Mop Shoeing I I E o - ''-r A 40.15 0010 troll 0f l0nd in the as a;W t� "� "` Thomas Easter Survey, N 7?. '� Thomas Earle € 4?VS T5=•6` 1 w V 'I few et '?°°•r`-�_ aerwsl."_°=•T•3=w - �SB.--5= gov\e`'°` Abstract Number 474, y50.t2 1 1 -OSt —� And The NM C Waal)`)thlake Thomas Easter Survey, Abstract Number 458, ENE TABLE City of Soothlooe. Torront County. Tempt. LINE BEARING 0151ANCC , l I S+5.19'3rE 107 33 (See etteahca chests Car Field Wm) l 2 5 3632'35C 160.E0 - 1 3 N 6650'16"w 85.36 mv(tABLC 15 ' N 56St'56'C :2.15 Ct 01e0aed For: 16 II Tf+1'53'w 7661 CURvE OLLIA•1ry0L 1A01113 ORC 1•IIGINI Co7DC CNCRO 6C+e1NO {I•typyl��hd,Ate ,iilec yq, l' N le IO t 166+ c t OF•c T•,F' tV,a 1; 13r PP 63 FF 120 I: a PT00'O+'L {wgNly TY 7 7 L 9 N 7036+S-w 27.Sb C 2 :5'01'0+' obl 30 301 BI 157:5 39e+2 N a5'0'%r w RECDAUG 1Q1998 . • 0 0 ,. - . No.35350_1 LECENO I =;o'er•.• y l / -_` - / ��\ ( I I I. l \ t r I I oN"cRn WNUNLN�T WRI1WATgN 1 l f `�_�: ` - ��..\1 \may;;(\\ \/ I uSUET[R 1 \ \`To d . / /<---^^` t\ -0•y \ J \>\�`1 1 .• g7 1tD)PIN ram0(E>'CEPT /. \ \ ♦ NOTEEI I r I\ ✓. , '\ \ \ \\\ (- �� _\j \ IRON PPE rwNo ti!:_... tor .,..fir _ \ \•\ \ 'a\ t / Ili\\♦ \.•1_t. % ♦ Sean: t- - 100 i LIGHT POLL PEnete POLE k.,\ (/T.•/f°'�d ,-.�'�\\\r�\�d -,:,1, - .�� . \ \\`a \ \\ \\ l ''\\ TELEPNONE PEDESTAL •\ \ i`.tIS its!.' ?if.: ;.`.,�✓/'`7 .. ;3. n 1 \ 1\\\ \`�\ \\\(\\ `f Born O'ARC Pm(r0uN0 • ,I1 J y��\i,,`r\��,•.1' . \�:.:•i I'1'✓i //�U \�� •. \\\ \ \ \ . FM MNRrM t,'..".. '• \I 1114I 91�,`- :t 1,(N.: i�....:_ � ./ •.!.`' \ ,1:� ' \1 -\ ► •.-. \ \\\-�\ --- WATER LIVER . biliik1 \'•fin ► v % .�» /.' i\ 'fit\�i.,-_" •=F.,: ", a,• �N....;... ' \ - i `,, Wit-yi I�1 f /T- I ..l-��`�= •,lt� iy�. .�c.''•'.c"�'.O ��.'\ \�\\ \ --` lo: �'.✓/i,��''{j�, \ .:-N�.t.2i 1,� 7/.,E.-A ;�e.tea zg=i�.:_?. ?�'11�...aN� .. �`�+ ��\ 1 kC�Nk, \ a'�di,Wa orolnNw.n. • -\'f 4 \7`` :t....i.:.wJ�y:,y.1�. -�Yr \.`'!.�. . t t `G•�`,� ` .\ `��\ ( =L - -_' J.Ms Eaaamw ho Building tines,Maya. kCw; "'I _J , `�_ _• c anti Intwio•S Wawa of been \\ `a':�'1a•.....,a III_/�l Fr '1`1 .t: `mot 1t�,,..:a•2 MN,.; 't•r y�'l.•�� Vic. anon. ��1 ` , r1, ., "0\\t'►\ ♦ 33 t taw •\ t\I 6 /// ne I' 'et sa, .. ^_, = a.Tnia map includes Wean Doti our ♦ pCN� 1�//J'//i/L�/,Y��\ ` t1\�\�-t►: vt�t\v ��A••r \� n \\ __ the a• to n acoua. Nona.... 11\/\$� .t\4♦ //A 1 ,'- • •�`!aN�I ��r�:r�%:, �� ri =w- tM.acoi an of sold alnala and f' I a'"''nCr' w-ii• ��•' !\ "�,% •97,: ►I-I,�1�0,;',r/dr 'IVY" \ a / which nos nob yaD wen Op Haerm $ 1/n/' \!` `�6�;J%rs• �' i;\�\ v �. 1x R S.An waten.d tines m mf wopeAy t , I//- / tOrk*..0/Ve� 0�i'a�"(01� / .:`��y►Ci;��'a �o,� I•. / �. Ir/�- \ \l\ \ .ibpro"hin loony rob(ao')or the erty >aW�CDr` 1 Y�lTli.•cr:oia Pt;,-;:,„:;" �:f%��/:/ry�r i.0"p:/�r� ✓i I " ',L t`� 1 �,�,/ .ucGon ao'non w flogged with 71 1 Oa �:. I F...II !�/ �•" to\� /// 1%-� . ` \:ICI won have lope ...typed around the /'```11 1. \! /°r / �1/ ••fi.1:�/ .+ �•� 'ti - f't� 1'./r,�MIS'' •``,' / main brunt ob o height of IOW feet (a•). a! `./ i. - -.----v• ., .e/dot o•'11,. :,,- e.,�i..; J'/ ,. '!t• \ \ 6.wonc ro a of bow sofa within leanly :(� ' 4..r /•/ � f>I'• ,..' 05 4 /y/�I I tit to i� 'oil.. I 4:: t• _ / '@ l net(20')of the constructionw Dino .i`r a/f .I....1:1.1a.. r 1 t•-ra ..<'< 14.,.. v-/•. t•g!14r•.lii a -4 .LY.�� .. �t�,♦ /;' \ ( nab w surrounded by lour n.l(Al )1�� \�'`a�ea�slrl.I�•Jy/:/iy Y /� `1.��•/'ice��•• h• /'•,7�/ II%rrr-rrr:r r .,..�r. yl• ,'\�,. p \ high vinyl fencing of tea Critical Root I ��\ i.F\�\�/ / I ` rJ �, }.eFi/ �! � %i��i!i .!r?>;�\�\f /� ��\ Zone. 1 T. kt\`\ a�„� %_ ��,1`� r ��/� I /�/ r re a;. c.re a ip.. 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'.Ran , r/-r iF:;y rJ '.. j/�P r •-•- _•• U1:r- J i^ \ \� \ \ \ J / / 1 9 \, \\\\\\\`\\ wo<.raa ! rCeV°n� ��/6j!-if�Ear��1 i ��....i \ \I\�•\ \ \� ' f j \ 1 ! ro i /1 / ' �.�r `+(91i'�ilS ♦ �� •\. ,_\\\\ \ 1 1 `�\(-� Tra.Survey \ 'I / / / r � \ \ \ - I/ ..e✓�a^ \ I j\ 1% I/ / 4Z.2T tier. trod or tone In the I `�`-�1 / ' ' 1 ' ' , \ \ I - -- I 1 1 I i I 1 1 rr�.` - \-�%' Thomas Easter Survey �// /I \ 1 11 I I \ \ I . J I I l /ll / \► / I \ I 1 , I 1 I `. I 11 1\ J'\\\ / .-- Abstract Number 47 y1 I \ l \1 I t l I l 1 r� 1 1 I I r r 1 ll / f /- And The l Thomas Easter Survey L/NE TABU UNE WARM INSTANCE men.m...10 W. m W• LL 1100 Abstract Number 458, 1. b 1 S ali'3SL 107.1 r.v®tic POW.ro- a.a.o City of SOulhlake, Torronl County. Teaoa. L 2 "S 36732.37E 16060 (Sheaf One of Two) 3 N 6I?7OIra 66.36 CURVE TABUS (Sheet August e,1l96 L 5 N 5675136'E 22.15 Atchitect Surveyor O.,ner/O9aetoper _ L 6 N 767a1•SS■ 76.61 CURVE DELTA ANGLE RAdUS AR{ TANGENT CNORD EVENS BEARING0•gn.n a Associates.Inc. Area SWve„nq.Inc. Saulhlak.PropMise.Inc. 1.7 N 1a71Y3SE 16.Sa C 1 06?Sy'SY 10a6.12 127.20 63.66 127.12 5 07700'042E 5310 Norve.l Hill Rood,Soil. an W.Temmea St. 930 Oaken,T Lane AREA SURVEYING' INC. L 9 N 71?36•.r■ 23.96 C 2 25701'0.' 691.20 301.61 153.35 299,42 N es707I3n Dallas. an 75230 ion Worth.TX 7SI.0 Soulhldka,T% 76092 (972)796-.1010 (617)293-566. (617)329-4599 •a ` REC'D AUG 101998 • CITY OF SOUTHLAKE, TEXAS ; ORDINANCE NO. 480-290 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN I ACT OR TRACTS OF LAND WITHIN THE CITY OF . SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOTS 1 THROUGH 14, BLOCK E; LOTS 20 THROUGH 22, BLOCK E; LOT 31 AND A PORTION OF LOT 32, BLOCK E; LOTS 1 THROUGH 6, BLOCK D; A PUBLIC ALLEY,AND THE FOLLOWING DEDICATED PUBLIC RIGHTS-OF-WAY: AUSTIN PLACE, OAK KNOLLS DRIVE, GATEWOOD LANE AND NORCROSS ROAD, ALL BEING A PART OF OAK KNOLLS LAKEVIEW ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY,TEXAS,ACCORDING TO THE PLAT RECORDED IN VOLUME 388-W, PAGE 51, PLAT RECORDS, TARRANT COUNTY, TEXAS; LOT 30R, BLOCK E, OAK KNOLLS LAKEVIEW ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE,TARRANT COUNTY,TEXAS,ACCORDING TO • THE PLAT RECORDED IN VOLUME 388-183, PAGE 40, PLAT - RECORDS,TARRANT COUNTY, TEXAS; LOTS 1A, 1B, 2, 3A, 3B, 3B1, 4, 5A, AND 5B, BLOCK A, AND A PUBLIC ALLEY, ALL BEING A PART OF OAK KNOLL BUSINESS'PARK, AN ADDITION TO THE CITY OF SOUTHLAKE; TRACT 6B, W. E. MAYFIELD'S SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 388-C, PAGE 4, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND TRACTS 3, 3B, 3C, 3E, 8, AND 8B, SITUATED IN THE THOMAS EASTER SURVEY, ABSTRACT NO. 474, AND BEING APPROXIMATELY 42.21 ACRES,AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT"A"FROM"AG"AGRICULTURAL DISTRICT, "SF- 1A" SINGLE FAMILY RESIDENTIAL DISTRICT, AND "0-1" OFFICE DISTRICT TO "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH "C-3" GENERAL COMMERCIAL DISTRICT USES, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER • L:\CITYDOCS\ORD\CASES\480-290.WPD Page 1 , . • PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and 0 general welfare, all in accordance with a comprehensive plan; and • WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District, "SF-1A" Single Family Residential District, and "0-1" Office District under the City's Comprehensive Zoning Ordinance; and WHEREAS,a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS,the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad • the general welfare; effect on light and air; effect on the over-crowding-of the land;-effect on-the- 0 L:\CITYDOCS\ORD\CASES\480-290.WPD Page 2 IC -2O 0 concentration of population, and effect on transportation,water, sewerage, schools,parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout - this City; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS,the City Council of the City of Southlake,Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools,parks and other public requirements; and, WHEREAS,the City Council of the City of Southlake, Texas, has determined that there is • a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed,are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480,the Comprehensive Zoning Ordinance of the City of Southlake,Texas,passed on the 19th day of September, 1989,as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Lots 1 through 14,Block E;Lots 20 through 22,Block E;Lot 31 and a portion of Lot 32, Block E; Lots 1 through 6, Block D; a public alley, and the following dedicated public Rights-of-Way: Austin Place, Oak'Knolls Drive, Gatewood Lane and Norcross Road, all being a part of Oak Knolls Lakeview Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in SL:\CITYDOCS\ORD\CASES\480-290.WPD Page 3 7C-2 ( - . 41) Volume 388-W, Page 51, Plat Records,Tarrant County, Texas; Lot 30R, Block E, Oak Knolls Lakeview Addition,an addition to the City of Southlake,Tarrant County, Texas, according to the plat recorded in Volume 388-183, Page 40, Plat Records, Tarrant County, Texas; Lots 1A, 1B, 2, 3A, 3B, 3B1, 4, 5A, and 5B, Block A, and a public alley, all being a part of Oak Knoll Business Park,an addition to the City of Southlake; Tract 6B, W. E. Mayfield's Subdivision, according to the plat recorded in Volume 388-C, Page 4, Plat Records, Tarrant County, Texas, and Tracts 3, 3B, 3C, 3E, 8, and 8B, situated in the Thomas Easter Survey, Abstract No. 474, and _ being approximately 42.21 acres,and more fully and completely described in exhibit "A" from "AG" Agricultural District, "SF-1A" Single Family Residential District, `and "0-1" Office District to "S-P-2" Generalized Site Plan District with "C-3" General Commercial District Uses, as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit"B". Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake,Texas. All existing sections, subsections,paragraphs, sentences,words,phrases and definitions of said Zoning Ordinance are not • amended hereby,but remain intact and are hereby ratified,verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets;to provide adequate light and air;to prevent over-crowding of land; to avoid undue concentration of population;and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the . provisions of this ordinance. Section 6. That the terms and provisions of.this ordinance shall be deemed to be . L:\CITYDOCS\ORD\CASES\480-290.WPD Ora Page 4 -1C-ZZ severable and that if the validity of the zoning affecting any portion of the tract or tracts of land • described herein shall be declared to be invalid,the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. _ Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation,both civil and criminal,whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten(10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty,fine or forfeiture for any violation of any of its provisions,then the City Secretary shall additionally publish this ordinance in the official City • newspaper one time within ten(10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1998. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1998. . s . L:\CITYDOCS\ORD\CASES\480-290.WPD Page 5 1C-l3 • MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: • ADOPTED: EFFECTIVE: L:\CITYDOCS\ORD\CASES\480-290.WPD Page 6 • • • EXHIBIT "A" . i.11171, Registered Processional land Surveyors . SO2 W Trammed St.•Fort Worm.Texas 76140•18t71 293-5684 FIELD NOTES (Page 1 of4) Description for a tract of land in the THOMAS EASTER SURVEY, ABSTRACT NUMBER 474 and in the THOMAS EAST.ER SURVEY, ABSTRACT NUMBER 458, City of Southlake, Tarrant County, Texas. and including Lot 30R, OAK KNOLLS LAKEVIEW ADDITION, according to the Plat recorded in Volume 388-183, Page 40, Plat Records, Tarrant County, Texas; a portion of Blocks D and E, OAK KNOLLS LAKEVIEW ADDITION,according to the Plat recorded in Volume 388-W, Page 51, Plat Records, Tarrant County,Texas; a portion of Norcross Road, Oak Knolls Drive, Gatewood Lane; and Austin Place as-shown on said Plat and fifteen feet (15') wide alleys as shown on said Plat; Lots 1,2,3,4,and 5, Block 4 OAK KNOLL BUSINESS PARK, an Addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-213, Page 53. Plat Records.Tarrant County,Texas, and being described as one • tract by metes and bounds as follows: • • BEGINNING at a 1/2"iron pin found in the southwesterly line of State I iighway 114 for the most northerly corner of Lot 30R; TI IENCE the following courses and distances along the southwesterly line of State Highway • 114: III South 45 degrees 19 minutes 33 scconds East a distance of 107.33 feet to a 1/2" iron pin set with cap marked,"AREA SURVEYING"at the intersection of said southwesterly line with the west line of Norcross Road; THENCE South 36 degrees 32 minutes 33 seconds East a distance of 160.80 feet. continuing along the southwest line of State Highway 114 to a 1/2"iron pin set with cap marked,"if/Mel 1i/RVhY/NG"in the east line of Norcross Road,said pin lying al the beginning of a curve,concave to the southwest,having a radius of 1,046.12 feet.and a long chord which bears 127.12 feet,South 07 degrees 00 minute 04 seconds East; THENCE Southerly along the east line of Norcross Road and along said curve, passing through a central angle of 06 degrees 57 minutes 59 seconds,a distance of -. • 127.20 feet to a 1/2"iron pin set with cap marked."AREA SURVEYING"in the northerly line of East Southlake Boulevard(Farm to'Market Highway 1709); . TI IENCE Westerly along the northerly line of East Southlake Boulevard the following courses and distances: CO OD THENCE North 86 degrees 50 minutes 18 seconds West passing a Texas Highway Department concrete monument in the west line of Norcross Road,in all,a total o distance of 88.36 feet to a Texas Highway Department concrete monument; CD THENCE South 84 degrees 36 minutes 53 seconds West a distance of 213.04 feet to a Texas Highway Department concrete monument; Q THENCE South 65 degrees 11 minutes 00 second West a distance of 203.05 feet to a V i Texas Highway Department concrete monument; _. • 7 L:\COMDEV\WP-FILES‘ZBA\PENDING\480-290.WPD Page 7 • 7C-2S 0 . EXHIBIT "A" -- Registered rrnlessional Land Surveyors 102 w Trammell St •fort Worth.Tess:?St a0•:sir)293.566a FIELD NOTES (Pagc 2 of 4) THENCE South 75 degrees 04 minutes 34 seconds West a distance of 221.40 feet to a Texas Highway Department concrete monument in the west line of a tract of . land described in a deed to B ARSARA BRADFORD,recorded in Volume 3718,Page 160,Deed Records,Tarrant County,Texas; THENCE South.75 degrees.25 minutes 4l seconds West a distance of 192.65 feet to a Texas I highway Department concrete monument; THENCE South 82 degrees 28 minutes 08 seconds West a distance of 253.47 feet to a 1/2"iron pin found in the east line of a tract of land described in a deed to CECIL YATES AND WIFE,KAREN L.YATES,recorded in Volume 7142,Page 1052, Deed Records,Tarrant County,Texas; TI IENCE South 82 degrees 47 minutes 32 seconds West a distance of 250.12 feet to a 1/2"iron in set with cap marked,"AREA SURVEYING"at the beginning of a curve,concave to the north,having a radius of 691.20 feet.and a long chord which bears 299.42 feet,North 85 degrees 07 minutes 13 seconds West; Ti IENCE Westerly along said curve,passing through a central angle of 25 degrees 01 minute 04 seconds,a distance of 301.81 feet to a 1/2."iron pin found at the end • of said curve; THENCE North 72 degrees 09 minutes 46 seconds West a distance of 220.54 feet to a Texas Highway Department concrete monument in the west line of a tract of land described in a deed to CARL R.SAtiTH AND WIFE,MAOGE SMITH,recorded in Volume 7991,Page 457,Deed Records,Tarrant County,Texas and for a portion of Tract 6,W. E.MAYFIELD SUBUIVISON,as described in a deed to SHIRLEY ANN McCARTY.recorded in Volume 9142,Page 894,Deed Records,Tarrant County, Texas; THENCE North 72 degrees 28 minutes 16 seconds West a distance of 167.36 feet to a 5/8"iron pin found for the southwest corner of said McCarty tract; TI IENCE North 00 degree 12 minutes 15 seconds East departing the northerly line of East Scuthlake Boulevard a distance of 541.05 feet to a 5/8"iron pin found for the northwest corner of ' said McCarty tract; . -- THENCE South 86 degrees 52 minutes 01 seconds East a distance of 73.94 feet to a 1/2"iron CC) pin found at the southwest corner of a fifteen feet(15')wide allcyshown on the plat of Block E, CT) of OAK KNOLLS LAKEVIEW ADDITION,according to-the plat recorded in Volume 388-W, CFI Page 51,flat Records,Tarrant County.Texas; O THENCE the following courses and distances along the west line of said fifteen feet(15')wide C-.0 ailcy in Block E: Q North 01 degrees Ill minutes 13 seconds East a distance of 413.73 feet to a 1/2" iron pin set with cap marked,"AREA SURVEYING"at an angle point; •, le SL:\COMDEY\WP•FiLES\79A\PENDING\4£W 290.WPD Page 8 -7C r2 • • EXHIBIT "A" �� Registered Professional Land Surveyors :ca W Trammell s1.•Fort Worth.Texas?Site•(SI?1 293-S6N FIELD NOTES (Page 3 of 4) North 07 degrees 59 minutes 32 seconds West a distance of 190.39 feet to a 1/2" iron pin set with cap marked,"AREA SUR67i.YliV(i"at an angle point; _ North 07 degrees 25 minutes 07 seconds West a distance of 203.07 feet to a Texas Highway Department concrete monument in the south line of State Highway 114 for•. the northwest cover of Lot I,in said Block E; . Ti IENCE the following courses and distances along the southerly and southwesterly line of State Highway 114: - ' South 73 degrees 59 minutes 35 seconds East a distance of 268.49 feet to a Texas I lighway Department concrete monument in the west line of Austin Place for the northeast corner of Lot I,Block E; South 35 degrees 41 minutes 08 seconds East a distance of 105.58 feet to a 1/2" • • iron pin set with cap marked,"AREA S(/R47iYING"in the cast line of Austin-Place and in the west line of said Block D; • South 74 degrees 10 minutes 30 seconds East a distance of 182.72 feet to a Texas I lighway Department concrete monument in the west line of a fifteen feet(15')wide alley in Block D. 0 South 73 degrees 41 minutes 30 seconds East a distance of 257.66 feet to a 12„ iron pin set with cap marked. AREA ti(JRI- Y(N(i'; South 70 degrees 50 minutes 26 seconds East a distance of 215.50 feet to a broken Texas f lighway Department concrete monument; . South 13 degrees 31 minutes 22 seconds West a distance of 11.74 feet to a 1/2"iron pin found; South 67 degrees 52 minutes 23 seconds East a distance of 155.91 feet to a I2" iron pin found; North 14 degrees 19 minutes 35 seconds East a distance of 18.54 feet to broken . Texas Department of Transportation concrete monument; South 66 degrees 16 minutes 45 seconds East a distance of 143.19 feet tti a 5/8" iron pin found; South 61 degrees 38 minutes 51 seconds East a distance of 221.23 feet to a 5/8" cn iron pin found; O South 45 degrees 27 minutes 43 seconds East a distance of 112.64 feet to a I2" r—i iron pin found; C.0 South 26 degrees 28 minutes 03 seconds East a distance of 100.29 feet to a 1/2" 2 iron pin found in the south line of said Lot 2 and in the north line of Lot 26R,OAK KNOLLS LAKEVIEW ADDITION,according to the Plat recorded in Volume 388- 183,Page 40,Plat Records,Tarrant County,Texas: . l 4 i L:\COMDEV\WP-F(LES7BA\PENDING\48Y290.WPo fa Page 9 1e-27 • EXHIBIT "A" -Amor sii Registered Professional Land Surveyor. ..4111.11111, AM 102 w iramtnea St •run worm.ie:as 7614•I6.71 293-56as FtcI.D NOTES (('agc 4 of 4) THENCE South 60 degrees 53 minutes 48 seconds West a distance of 74.07 feet to the POINT OF BEiCilNNING,said described tract containing 42.2I acres of land. • CO IS) '-• L:ICOMDEV\WP-FILFS\79ATENDING1480-290.WPD Page 10 • 1 C ?8 0 ' • 0 . 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'01 OOP :........:,.=. 1. :I I , ,es1 IP a CONCEPT a .... • - a ;. PLAN ...-"'''AL Al ..y.....r.I itr-' - --/ — •- .....-s:::::1) ?L--_......4.... . •. ".-,;:...,i4 I 1 ol 11, , .33,gir. 1 31.1 1 ......3000 I ! 13,..w 6.••••.4.40 , a...7 1..... 0 • • 0,0 ... ,.../.... z 0041P# 1.1 I,19114 13 11 CrI1112141".0 , ""allt•'" Po' .0r40&‘. i \ ) h.:......7* ....I 14•0404, (..) I • • I, "Vitkl“ ... % . • • . • i 4.46.MN. . e • iimo.•••••• , ......_ . . , . . • rirCity of Southlake,Texas STAFF REPORT October 2, 1998 CASE NO: ZA 98-096 PROJECT: Resolution No. 98-66 /Specific Use Permit/Sale of alcoholic beverages for on-premise consumption 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) on property legally described as being Lot 1, Block 1, 1709 Southlake Oaks Addition, an addition to the City of Southlake,Tarrant County,Texas,according to the plat recorded in Cabinet A, Slide 3231,Plat Records,Tarrant County,Texas, and being approximately 2.2957 acres. LOCATION: 500 W. Southlake Boulevard, Suite 138, on the northeast corner of the intersection of Shady Oaks Drive and West Southlake Boulevard (F.M. 1709). OWNER: 1709 Southlake Oaks, Ltd. •PPLICANT: May Tan CURRENT ZONING: "C-2"Local Retail Commercial District LAND USE CATEGORY: Retail Commercial NO.NOTICES SENT: Eleven(11) RESPONSES: One (1)response was received within the 200'notification area: • Phyllis Sutterthwaite (Lake Crest Homeowners Association), 5622 Dyer Street, Dallas, Texas, opposed. (Received 8/24/98) P&Z ACTION: September 3, 1998; Approved (7-0) to table and to continue the Public Hearing to the September 17, 1998, Planning and Zoning Commission meeting due to the applicant not being present. September 17, 1998;Approved(7-0)restricting the Specific Use Permit to this applicant(May Tan) only. STAFF COMMENTS: Due to the limited scope of this request and the-.fact,.that no changes have... been made to the previously approved concept/site plan, no new review letter was generated. This site is subject to all conditions of the previously approved plan. ID- City of Southiake,Texas Note that a review of the parking has been done based on the established uses on site, and it was found that there is adequate on site parking within the lot to accommodate the proposed restaurant use as well as all uses already established at this site. L:\COMDEV\WP-FILES\MEMO\98CASES\98-096SU.WPD • \ CP54,4 t%I*0‘ . ' '\ 4.1_,WC1* \-- % orbot 0 WOOS ., INN ,. . 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VoiVe4.(4.4=-Sal tiolOw f lrol - • '-'\ \ otifiao.s ..,---1, ..040.0-Arive 4 ! wl -, \ s-- „ sov bitoys.a. law it, pi, z A / gk,o. .___,_.40,- mu .0... 1° 110 p,cp,' ;4' \ \ , 11 Oktifer 4)- 446N Otpst It* ' • 1?)P0' IPIllagi VO-It -1.% 110 , tatiliV0011*. 011,111* ma ; 01 r41 "---\ . l 0,,-4, \ ,„., ,,_ as4 rite 114000.14 t4t .. . v. ,, v fi vc,,Atifitit *. 4* mit• 01.0•11% 4trr -gi �� .. iiN, *tam:' .o iiii '�'r •: \ /` "t Allip t11 � .1►� A��or�►► 1 • 111 •a te► S+!��0 .1 Alai 00 r►Ir ., e.WAr„Vigi liallW - r��gi 411111 _ ." \5"'rt.\YAWS iti ♦W�+�� r �, r ♦��• �� ,��`.��►�y!�► !'�� - . . � 3 R t-: . .. . to • SU,686 • to • • 1 • - �o 1•0 63 i• TR 3C1 TR 301A 10.80AC , 11.140 - 4. . J • - i3O 0, is • • TR 384 "AG" TR 383 - 610 .72 AC ; SHADY OAKS GROUP ) CITY OF SOUTHLAKE : CITY OF SOUTHLAKE �� ,�•. TR 3C �� p �� TR 30 G • A TR 35 AG 4.2758 0 AG q. 3!1,S ® . • 2.980 • --- .� illi "AG" H1-9 s , • 9S 9 q ID 1 ` SOUTHLAKE FOUR 1709 SHADY 334A INVESTMENTS TR 305 OAKS LTD. o 1.3538 35 AC Po ,u "Cj-2" cc a) N — — — — — — I — — — — — — — — — — — — — — — — — — — — 1 STATE OF TEXAS ' 90 SOUTHLAKE JV u Z,Q TR 2C 1 .182 Zsi :I2A1 ITR 281 �,. x L_2° , SIR 19 =n u7 a W §" c. LAM UT GO T LI 20 TR 201 HAYN I E 8 5 j 2 o zy� ADDS GT ! ThTcK - •1 s " " Y a l� L —[ "R—PUD" �; 0-1 g = .889 ® g _- ,os 147 na Z s 22 . 1 •y5?Q 2R 15 �trY 0 ,� I "S—P-2" "SF-20A" 1 3 O 23 6.� 32 o a SHADY OAKS 1709 4'�' �� ,n 24 s�o 21 �i' ! 4 1. �t ,u ��IJJI. q 164 22 5 • " a 25 —\--"2T7°----\; - ADJACENT OWNERS lm IM qp ;1 10 26 . li AND ZONING 6 • ✓ / 1C 10-q I to I _ I73 On1r,-, m I` Resolution No.98-66 Page 1 RESOLUTION N0. 98-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR THE SALE:OF:EALCOHOLIC BEVERAGES FOR. TON=PREMISET-CONSUMPTION ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED ASjA.PORTION OF LO_T'l.-BLOCK, L"17.09:SOUTHL"AKE:,OAKS-ADDITION,-:-"ADDITION;TO THE-CITY OF SOUTHLAKE;;TA►RRANT`COUNTY;TEX_A ; _ ACCORDINGiTO`THETPLAT`REC RD OED 7N CABINET SLIDE324 PLAT RECORDSi A tRANT COUNTY;TEXAS; _x.. BEING:APPROXIMATELY y2957"ACRES; AND:'BEING MORE:COMIVIONLY:KNOWN;AS 500'WEST SOUTHLAKE BOULEVARD;;7 SUITE::' 138;= 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. 111 WHEREAS, a Specific Use Permit for Elie sale of:alcoholic;;beverages,:for an-premise consumption has been requested by a person or corporation having a proprietary interest in the property zoned as "C-2" Local Retail Commercial District; and, WHEREAS,in accordance with the requirements of Sections 45.1(1)Yand_45:-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: rip•5 Resolution No.98-66 • Page 2 SECTION 1. A Specific Use Permit is hereby granted for Oi;e7S41-Of consumption on the property being legally described asfyOtI1; B1601(.117,q97-s-(34-wwol-P* Addi#6iiraft-4-mtioxilosthe-qty-of S6:47th1 T :ty;7 ;0-eccordi40-1-orittwpwcordo inCabitiO:A,::Slidf3231;114K07,01-fds,-,T TaiYaA:Ci544ty,71=ms.;1501:04ptoXiglately.,Z:2.95,7-10-0-5:; and beihg-.MOre,OMMTOrilY],krit(*#*: 09-Wooti'.sotitiiialcie-13Alevqtd-,:§#4.-p!3; 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, 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. 3. 4. 5. SECTION 2. This resolution shall become effective on the date of approval by the City Council. S . L:\COMDEV\WP-FILES\RES-ORD\98-66ALC.SUP Ir7Iilition.No.98-66 110 USED AND APPROVED THIS DAY OF , 1998. CITY OF SOUTHLAKE • By: Rick Stacy,Mayor I.eGrand WirgeliatarY MIMED AS TO FORM: iiir4Surney uthlake, Texas • L:\COMDEV\WP-FILES\RES-ORD\98-66ALC.SUP lb-1 Resolution No.98-66 • Page 4 EX HIBIT "A" Lot 1"Block l ' ?., _ ;1709;Sou - e�0� s;A rt>_ori'=azi�additiori�toY ye.di-�-.o � ou e�Tarrant Coun Texa =acc r"' _ ty, s, ordmg�to the plafrecorded"inC bmet�-A Slide323:1 >P1atkRecords;==Tarrant Goun r,;Tetras eirigapproxiinately;2 2957=aeres and"being,nio—eTeominonly known�asf5,00 West:Southlake lBoulevar"d-Suite13;81 • • L:\COMDEV\WP-FILES\RES-ORD\98-66ALC.SUP fin.4 • e ,...._ • • . . . , (IQ rn CD 0 . . : Cri 0 .I .1 . : - : .••• . : • . .• . . . .• : . •-.•• . .. • . : . . . . . . •-•• . • • N 0.. . . • • ... . . . . .. . • a...4.•0.1:AO, • • ....... • .• FOR BUFFER YARD .• • ; • • . • • •• ..••"......•••••; .. .• . SOMAIARY CHAR T .• . I. tr.....•7.:...r.-.^:.: • • SEE SHEET.A4 01 Z 0 • .• . • 1 :::-..............-=T.i.....-T...L. 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IBT.SEAXEISM32.•Will 1.p_It 4 .;:\:.-- 1 ',.._. --- f . .. .. . •••••: _, ...,.;.t..... • --- - ....• 1 ••••• . i,,, I -....7„ 2. .,•ns•5....c-otta,4.:.:.., - 133.13161:1112207...1131/06 - ' • • " !--17-‘ 1 4" /••••-ss • • 0 ' - 3'i --1. 1,47O.r.4 ....-.1... • ;#. is -s ,•,:•S -SE; -S . 1 e:a ;•-••• I ! % • ;: • , 81 ,... 7.4- ..... mr....... , . , FOR LANDSCAPE i- 16:41 ki ....11 ' • '-, . I'''. ' . . ._ .. •. C:P 1 ••:..-:4.-ea. ......1._mr.1- ......----j..._--.----4..1........---- - - ; .• ' ""-''---,, •,• ••••-i s•••:::- ::-.z. ..-= " .......,-.....1. ,• , ... V.;,:r '........ . 3 .....Z, . 6 k. ..7 i.?.. ..0. .:::.:17.5'3::'..7.T4-:::n. _,•:,..7_, ,,,Iiiime... I...., i .... SUMMARY CHART 1 t SEE SHEET A401 4.1 .,..a.‘...T.,!,,!..f:\: , - . • . . .... . ...r ®...,4i,. 1 •• 'ay C) a a •I Cn." 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'-='-'-'-r-.--'--‘-'-'7,-..r.-.7. • 1 6. likriera141g..‘360 ',. 1 11' ' V.• 1 .1.Rrt......L. . , . • :•.• -• ,......,....„...._, ... , .... ....... ...... ...1.. ...6..../zi:vv..... .. .... •--..-..;:?:!....-''C., F...7 5-F--1:1-----13.1 $ -7..a.:.:SEL: I ....-1-4......"'&" . .L.,s:.idh:o et• ‘,1 • er- 4 .t•••"VI......•••..-..,..rr use.ts, ..,•,__.., , :rm..Inn...GL aan I :IA.". VI; Vo••• -•---... . ":- J . ., • . - • , 20-• 0 t ...........•"" .19.0.1111.L. •' •. iF. t.,,F•.....-•-•-•..• - E .....-- --e i.i• . ...., "•........:.„:;/- , T..,,........„„: .......... • ...... . ....... ..... .• . ,..•• .. •••j.. : • ..--- ''''''-5::,:•,:.'7",{.;•7:i.:.,, ... . ,c.z..........._ ....L_.... . ... .••• ........ .... . ....... - ....---- .... .. " , . . .... -----,..7--L--------- .........-:•1=1.- ----.. .\.,.....: .......... ..•- . - • ....-... . .. 1 niEn .. . . •. • • •. • • • . • CO.•.••CCVLS •. .. . . . • MC.. •• • , . •. . .. .. .. . •. • ' ' :::•;..E'E ':-.E.,•:. .--E. . • tenimkr KIP. .. . i .. . . . .. T.0 CtiaLRL.0, JUN 10 1996 r a • . • EM. HIGHWAY 1709(SOUTHL6110E BLVD) '.. . • .. •.. • DCS.1.41. ••••• ....oft 6.1. .,_.-- • .. ... • . Dm LIM , •. ---....----:•-..----....-...-...-.........-.-.---.-...... 1... • . • .. i ..! . . ... . Cr , 0r..Es•S , APPLICANT:1717 SOITIBLAKE LTD: , • OWNERi. .•. . •. Ilmok•riff la FOR INFORMATION CONTACT:SIR.101AL CULERSAUSI.. : DOS SHADY OAKS LTD.S1RA17010, • .. AT FISCHER IL CO. , .LAND INVESTMENT LNC.GENERAL PARTNERS .. : 13353 NOEL RD.24TH FLOOR 0.i SID)LOMA ALIO RD.suns 308 DALLAS,TX 732/0 , .:1 DALLAS.TX 7921 . • . tc.r....... • 214-94103 . .1; .....10•0 S.0• •CILI.7 arOlit.IT Cr41...Cr IL..211 0 S.D•0.3.0, . . .-1./ ss•-o- 1 ,. 1.-0- b., _____P'.. . L Coed 653 s• L_J . I 1 I -----.''''•••,,\, . tw.c....,cers '• II....:-s -,- ...- ----- iSOuiss-3•6...s.,. . • • .! 1.76 • ....00,3411 CASE NO:Z4 9615 , - 1 . .• . STATE.7•rEA•S . , STATE Cr TEA•S , S-a-E Cr 7.x•S ..b PP.. L DEVELOP.SITE PLAN ' • th.mirth. i .ERCE-OuES . SCLE:1'40W" A100 _ I REG") AUG 1 -6 id98 _•. . . __ __.. • City of Southlake,Texas STAFF REPORT October 2, 1998 CASE NO: ZA 98-097 PROJECT: Resolution No. 98-67/Specific Use Permit/Outside storage/City of Southlake Public Works Facility 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 outside storage per Zoning Ordinance No. 480, Section 45.1 (27) on property legally described as Tracts 6D, 6E, and 6F situated in the John A. Freeman Survey, Abstract No. 529, and being approximately 11.587 acres. A Concept Plan will be considered with this request. LOCATION: North side of East Continental Boulevard, north of the intersection of East Continental Boulevard and Timberline Court. OWNER/APPLICANT: City of Southlake CURRENT ZONING: "I-1" Light Industrial District OAND USE CATEGORY: Public/Semi-Public and Industrial NO.NOTICES SENT: Eleven(11) RESPONSES: Five (5) responses were received within the 200' notification area: • Explorer Pipeline Co., P.O. Box 2650, Tulsa, Oklahoma, in favor. "Explorer Pipeline Company is in favor of the proposal." (Received 9/11/98) • Diana Moussa, 1950 East Continental Boulevard, Southlake, Texas, undecided. "This property belongs to the City of Southlake." (Received 9/11/98) • Sondra Davis Harper, 7902 Bryn Mawr Drive, Dallas, Texas, in favor. "I have no objection to this above referenced proposal." See attached letter. (Received 9/15/98) • David & Betty Thorne, 6212 Westcoat, Colleyville, Texas, in favor. (Received 9/15/98) • Tad T. Unumb (Unumb Enterprises, Inc.), 2707 Derby Court, Southlake, Texas, undecided. (Received 9/18/98) P&Z'ACTION: - September 17, 1998; Approved (7-0) subject to Concept Plan Review•. Summary No. 1, dated September 11, 1998, limiting the approval to Phase • 1 which includes the area south of the dotted line through the drainage easement and including the aggregate storage bins; allowing all evergreens in the north bufferyard in lieu of the required plantings; limiting temporary ?E-I - Fir City of Southlake,Texas storage to 12' height within the area north of Phase 1 until the applicant- submits a more detailed plan;and accepting the driveways as shown(Items #1 and#2). STAFF COMMENTS: The applicant has met all requirements of Concept Plan Review Summary No. 1, dated September 11, 1998, with the exception of those listed in Concept Plan Review Summary No. 2, dated October 2, 1998. L:\COMIDEV\WP-FILES\MEMO\98CASES\98-097SU.WPD • S . EP-14-98 MOH 12 :30 PM HARPER 214 3633639 P.01 rr Post it'Fax Note 7671 "27149i Mkt 4 . `✓ a V . S Sat-IT/ �4CA?� 8tfir-Z' September 14, 1998 LW/7 W-6794 Fixes f el,3.60 City of Southlakc Planning and Zoning Commission 667 North Carroll Avenue Southlake,Texas 76092 Re:ZA 98-097 _ Gentlemen: I am receipt of your Notice to Interested Property Owners in connection with the public hearing scheduled for Thursday, September 17, 1998 at 7 p.m. on the above referenced property located at 1950 East Continental,Southlake,Texas. This is to notify you that the plat entitled"Concept Plan For Public Works Facility" prepared for this hearing does not appear to be correct as it does not match the tracts highlighted on the Tract Map. The Special Use Permit for outside storage describes properties including Tracts D 6E,and 6F in the John A.Freeman Survey,A 529. Tract 6D on your plat shows the owner of the 3-acre tract adjacent to City of Southlake property belonging to Diana N. &Tamara Moussa,not the City of Southlake. If this is Ilicorrect,why is the City of Southake including this tract in their request? Apparently there has either been a surveying error or the plat was drawn incorrectly,as the Tract Map specifically shows Tract 6C being the adjacent property,not Tract 6D. I own the adjacent 3 acre tract to the West(1974 E. Continental)which is described as Tract 6C on your Tract Plat. Prior to the City purchasing the property at 1950 East Continental,complaints were filed for junk cars,high weeds,trash and septic problems on that property. Needless to say,I am very pleased that the City has purchased the property and am grateful that they are cleaning it up. I have not objection to this above referenced proposal. Mat all possible,I would like to request a copy of the current zoning"I-l"Light Industrial. Since .y, .. 1A Sondra ''.vis Harper 7902':ryn Mawr Dallas,Texas 75225 (214)692-8546 III . . • REM SEP 151996 . e�A ida .. •oo la t ,. 94 • • % .,-00., I , 14, 4v# ,, as 64 fillita ,, %Via 1. _:, ,,,e, il - 0 olimo•- 1%,.. *** . olo logwiro.00 IS • • ' 0 okit 0011P\ 11111:1) c.:11 t , lio64004 04.0 ',•001/411,110 ,c,„%...• v. t --o � • *oft4t '2-4 14•14.041tel"t 010 N \ 'lit NO '' 5 OS '''.° k.,-ii ' is Iriwory01'Av. ( • 7- -V P.,/___t...0 t'- ' /-\\\ �y t Vim -0k iA .-•4- ��,. • .1. lion, % w 0 .i. v,,,y- , 1. -, el f , A - - viivioosiip.3-#1. , w Es 046.4.1 -ii$ •0 it0,44011F4 Ili �: � , 0 Ojak0. 111116mi it $.1 • 00 • tilWittkitW SO INS w file- . ‘-' „, 1% . HiggillAiiil.. tt'tkl'c' - 140 VA---- --4 °' 110-114 ----- --- 1.4"b -1`,. '. - \ Oil __,__,mi\- L- "—AI trill. A .-r, vit, 1111V .‘.' # I.Pik •• V° W, V. _I A , % 0 lin,&111:/-- %.' 114-CW. # ...C.. 7 ....--*,... ,c1q1kt ' ..1,. It e •1,4), n ' -:. sk . -0 1 s , w. w-Ata.t.-4-- "4-t".-„,,, 10.-1 \ , ,.. 1.... .0-. ,--4040011%,‘ • -I.. „It ,,_,..., 1„,, t i 0 .t v ',0 t 04 ,, !,.. 00•••• _,_.1.\ 1 \ , fa . w ,.„.. --6,-,e,,,•.,. iiiitt owipil ,........ ,.f ., 0 _ , ,., . ,,.� , , ,S •,10 •, t 1r 113 113 •. ' IM 1 1H I ... _ v ,a los „S /1 6 1I _ C If,Y`1 7 pt _ $ 13 12 1 110Y'i 9 8 „a 7R1 RID3.566 .3a 1a i 113 113 11a ,la s 5 _ CAI- 6\ 9° 19 20 5 21 a b 5% a14 0 15 " 16 .. a 18 a we � so 5SF-20A 113 114 114 ,13 11 11 H A DEILI RBY 113 coLU 113 I „3 I •„3 I tss ,1 I—1 " TERRA c . i CAMBRIDGE m E TERRA CAMBRIDGE LTD. 7 29 W. 14)1 LTD.. 27 Z 2' 01 107 113 113 =w 113 113 113 110 163; d J • EMI° PP. ( ,1 � `•) - BUS. Z�29 „SF-20A . _ d E ,5 1 1 TR 6E 1` " 4R TR 68 /+ 10.021 AC TR 681 TR 6C TR 6D GR 12.678 572 AC 3 AC ( D. THORNE 0 O J W ' ms �rt /11 W III V co o CJ W Q Q �" 0 U _ V CC _ LTA TR 6F z 0_ 3 0= 4.07 a 111 I— w H > ) Eli Cr0 " 2a iii Ill TR 184J1 TR 1R4K3 - .46 ® —G.JOHNSON 1 G.JOHNSON D. STOWE TR 1 B4J F. >: .460 .46AC - W. LIGHTCAP �1.042 o EXPLORER PIPELINE INC. TR 1B4C TR 1B4K1 r. .46 AC .515 ACTR 1810E TR 1 B 10A e TR 184P TR 1 B4K2A .45 AC4 .45 AC 6C1 46 AC .46 0 TR 1 B 10G 1 TR 1 81 OC 8 11 I—2 11 7R 1 TR 1B4Q TR 1B4K2 .45 AC .45 AC 662 15.6 .46 0 . To 1 R 19 _.- TR 1 B 15 _ - .- TR 1B4U . TR 1641 ADJACENT OWNERS . .46 ® .46 C AND ZONING --- TR 1B4 TR 1BA !• .46 0 .46 AC I TR 1 B58 4 .c TR 1 B I TR J •. .450 1 .460 t City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY vase No: ZA 98-097 Review No: Two Date of Review: 10/2/98 Project Name: Concept Plan for Specific Use Permit for Outside Storage -Public Works Facility Lot 1, J.A. Freeman No. 529 APPLICANT: ARCHITECT: City of Southlake Quorum Architect. Inc. 667 N. Carroll Avenue 6421 Camp Bowie Blvd. Suite#418 Southlake, Texas 76092 Forth Worth. Texas 76116 Phone: Phone:(817) 738-8095 Fax: Fax: (817) 738-9524 Attn. David Duman CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 9/21/98 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 LISA SUDBURY AT(817)481-5581,EXT. 862. 1. Provide the minimum 250' spacing between driveway entrance centerlines. NOTE: All of the driveways are existing. Drive to Drive or Required Proposed Deficiency • Drive to Intersection Spacing Spacing West Offsite to West Drive 250' 167' 83' West Drive to Center Drive 250' 249' 1' Center Drive to East Drive 250' 208' 42' East Drive to East Offsite 250' 204' 46' (P&ZAction 9/17/98:Accept driveway locations as shown.) 2. The bufferyards are shown correctly. Each bufferyard has additional width provided. The applicant is requesting to vary the plantings in cooperation with the City's Landscape Administrator to provide appropriate screening while taking advantage of the existing trees. P&ZAction: September 17, 1998;Approved(7-0) subject to,Concept Plan Review Summary No. 1, dated September 11, 1998, as noted above and with the following additional stipulations: • Limiting the approval to Phase 1 which includes the area south of the dotted line through the drainage easement and including the aggregate storage bins; and • Allowing all evergreens in the north bufferyard in lieu of the required plantings; and • Limiting temporary storage to 12'in height within the area north of Phase 1 until the • applicant submits a more detailed plan. * This review is based on the "I-1" Zoning District Regulations. City of Southlake,Texas * Although no review of the following issues is provided at the concept plan level, staff strongly recommends that the applicant evaluate the site for compliance with the following sections of the city ordinances prior to submittal of the site plan. Note that these issues are only the major areas of site plan review and that the applicant is responsible for compliance with all site plan requirements. • Residential adjacency standards per Ordinance 480-CC as amended. • Vertical and horizontal building articulation. • Masonry requirements and roof design standards. • Interior landscaping per Landscape Ordinance No. 544 and §43.9C3 and Exhibits 43-B and 43-C on Pages 43-12 and 43-13, Ordinance 480, as amended; and Parking Lot Impacts on interior landscaping in §43.9C3h and Exhibit 43-D on Page 43-14, Ordinance 480, as amended. • Spill-over lighting and noise. • 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. • Denotes Informational Comment cc: Quorum Architects,Inc. VIA FAX ABOVE City of Southlake Public Works Dept. L:\COMDEV\WP-FILES\REV\98\98097CP2.WPD • SCase No. 98-098 Review No. One Dated: 08 -24- 98 Number of Pages: 1 Project Name: Lot 1,J.A. Freeman No. 529 Addition, Southlake Public Works (Plat Showing/Staff Review) 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 - 3 - 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 at this time. TREE PRESERVATION COMMENTS: • As far as I can tell no protected trees will be removed or effected by the proposed construction on 4110 the Public Works site. * Indicates informational comments ;= Indicates formal information that may be passed onto Planning and Zoning and Council . _ BUILDING INSPECTIONS City of Southlake,Texas Ilse No. 98-097 Review No. One Dated: 08 -24-98 Number of Pages: 1 Project Name: Lot 1,J.A. Freeman No. 529 Addition, Southlake Public Works (Specific Use Permit) 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 - 3 - 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: * The Senior Volunteer Tree Farm is located in the Northwest section of the site (Future Covered Parking). There is a pile of mulch that is stored on the site for access by volunteers when the trees • need to be mulched. This is the only material that should be stored in view in the tree farm area. Any other equipment or materials are stored in a maintenance shed in the middle of the tree farm. Indicates informational comments Indicates formal information that may be passed onto Planning and Zoning and Council RECD SEP 111998 SI SUMMARY VELA L BUFFERYARDS EXCEED REQUIRED WIDTHS. ZG 1,L.U.D.-INDUSTRIAL PLANTINGS TO BE DETERMINED IN COOPERATION • GROSS AREA-11.65 ACRES WITH LANDSCAPING ADMIN.UTILIZING EXISTING. OWNER: CAMBRIDGE,LTD. TOTAL FLOOR AREA-12,550 SO.FT.(EXIST.BLDG.) 1\ L.U.D.-MED.DENSITY RESIDENTIAL N PHASE 1 PHASE 2 ZONING-SF20A z = • O PROPOSED W OWNER: SONDRA KAY DAVIS 27 a ao Al LINE L.U.D.-INDUSTRIAL EIOSTINO—I —TYPE'A"5' —I'Ai R.O.W.IINE —PROPOSE° ZONING-11 I 1°� / % MASONRY AND WROUGHTI. BUFFERYARD IRON FENCE. /, 25'-50'PROPOSED K=p 1 'I 1;1 N00°29'33'W 971.55' I _.� - ...7.e.�..._._.a..�._,�-T,.� ^w,T,4a.� �s..4.^.-i-.,....o...,... .r,....0 Z.ers rs�S❖,'LN,L• -re.....�^�^u-ETaw�. ..........,_.m,2Wr:..:,.:nF.T�i.S'.WCAL......,� -MAX i... '�—• ING (� OWNER: UNUMBENTERPRIIDENTIC. CD S= i • P'i't 3". sISPHRECo.IST°aucreO. N -mums 50'BUFFER �: 25 BUFFER ,1 ZONING SFDODAENSITY RESIDENTIAL • b • w oz ¢ ,,. . FUTURC COVCREO-PARKIN .„, z O N ✓ si. 3• •NousE osE i ..—...-- 1—_.—._—.. W ;RENG�E°_• DETENT)ON POND - cl I h 1X EXISTING TREES I 1 ,0 INDICATED(TYPICAL) z j • 1 ``9'6.1 IIII — — 1 ° FERYARD -� ti� _ r' ,` ��I I I d WITH FUTURE B'FMASONRYFENCE x I FUT. ,-, v1 i; I i; • ?STORI{ _ UTU i E PARK NG : ` (TO LOTS 26,25 DFENCE ADJACENT ' O1 I I I \ ASVPAR(EVERGREEN THIS BUFFERYARD.) )LMITED •>.I < ,BLDG. ; r ,-•, —- Pe F. c4I I :a- I ` EXISTING GRAVEL PARKING LOT TO BE ,, Pei— a, _.) I ASP A 1 /1\ I I .\W\ EA H. I ALL WEATHER PAVING SURFACE IN THE VICINITY MAP �Zs g, XO i i PAR}(SIN, PROPOSED VEHICLE �1 FUTURE. •I �� 'm �,R�PRwosEo I I � � � �PAR� �NG 5� � � � � � � � � I/i 1� I °�.1 • I a K' d l'- I' MASONRY AND WROUGHT / J j.OMllpy Ave W p 2 ;d �,- IRON FENCE/ 1 i p',y z 1 ( ff EXISTING .:I p0 Q I 01 .Y FIN- 'L ASPHALT i, ' RCP CULVERT I a , 24 ❑1 4 0-IN 1 `+ 24' MIN WIDE IRE LANE 'it > z (J� p( ¢O (MIN) FUTURE ARK N I I — i ;y --';r I I S I PAVING + I I I I I I I W .i-_ —•W O mJ d i •REcoN+sr DM R .EAw APPROACH y u_ ou) i 1 ' .•--t-1-'— m 1^1� R I REcoN m WEST l - 7 J p W SOUTHLAKE I._.; I m I L 40'R EXISTIN \ m y 0� wu,GWGRK, �"— ' j ¢ Ll:I `i— °n� Y I FUELING �1 ` EQUIPMENT 8 MATERIAL STORAGE p m� F�°''TM '� I • I—) O) I I EXISTING 1 EXPANSION a _ , , ! S r--.t V_ ...u.RO OO Z •O ,I CONCRETE • O , i I \ EXISTING TEMPORARY STORAGE TO BE N f, of I W !__ CONCRETE Z I ;FUT. I �= MAXIMUM 12'HIGH PENDING FURTHER O w cr,oa■u BLVD. w . •- Z. i P- U 1 CENTERLINE OF AGREEMENT BY THE CITY. ° ' p Qo 3 S4I 1 F=.' • ELF EXIST.PUBLIC 0 • WAori I PROPOSED DRAINAGE m, 23 c4°N OI I W Z / ; I EASEMENT CEreCONcsue m''A ` MAW+` )+_• x 2I ' Z I •5u_ I ro EE RE40VEO UNi ..—_ HEN ot ,i p - lit WORKS SERVICE CTR. i a U!T AGGREGATESTORAGEXITIG AN EXISNGZCere.ict� 11 . 1L _ -` ASPHALT ONRY gJN —�_ 1 _ ( PHASE 1 PHASE 2 I ( ) ,N I• ` coNCRETE I PAVING 'L` --�— p`---- �^ 4 ) py I oru: - ) I-g-' 24'(MIN)WIDE FIRE LANE/ 50'BUFFER YARD gC ORIIWAY pZL Ia W LINE I gals`)•,R4 ,i _ 0'B1.1F D,,, s .3 ••??.—.. .....:..wu.a Ce .0 1a'W OwE -RECONSTRUCTED ROWCH 600'33'40'E 450.25' EXITING B'HIGH CHAINCINK FENCE/ 500'30'34'E 505.51' r'"Mena.`X ILI , SNIFTES .AND FUTU 66'MAASSq,D�1RY SCREEN WALL .4.naX _ OJrOi 1 p ILTYPE'D.10' TYPE A•5' BUFFERYARD OWNER: METROPLEX ACOUSTICAL BUFFERYARD OWNER: DAVID S BEVERLY THORNE S 30'PROPOSED L.U.D.-INDUSTRIAL 10'TO 50'PROPOSED L.U.D.-INDUSTRIAL ZONING-II ZONING-II CONCEPT PLAN FOR OWNER:CITY OF 11 50 E CONTINE TO UTHLAKE AL BLVD. I1 ZONING WITH SUP;L.U.D.-INDUSTRIAL (\) PUBLIC PUBLIC WORKS FACILITY JOHN A.FREEMAN,NO.529 LOT 1 igidll SOUTHLAKE,TARRANT CO.,TEX. 6 30 80 120 , .,- AUGUST 1998 11.65 ACRE SCALE:1.=40' Yre�tdcts; ' ' 11\ REVISION DATE SEPTEMBER 21, 1998 CASE NO:ZA 98-097 REM) S E P 211998 • 0 • • • • . ii . .. •• . m7 r.....—.. _ -.. E]Jsiaa A • II-'. �_�.. �.�. .......�.�. y—+ ... _ , �..�.....�._..• _ _ _ ._. .. �� .�._.. . p1APH1C SCALE 1111.r f• 0' o 14 NI 1 D f�A. �I • 0 ; ; ..lK if 1 1-w. GI 7� 1 O 1 C• JI I l C; r \ 1 I , I I, I ! 1 , 1 i Lam•. unr.'�u 'e I I C - 1 -r..•rwralaairm.— �r� alia, I'I a .--.. __ l —..—.. i Ln'n-1nr'� o1.ii'Li �� `, I 1 y �} -ILL r41rmmom 11E(.V.'r r r ..—__—__—••_�_YT_._--____-_7-_---' _ rti T1,irra'a-mair Est_ -I r — I_________ m..1I61.r-ur3rt 711M,1 . 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'/T-:'lI1 C1L19r4-�If1f11 A�Q _��_ 1 •�. • I ro • I. .—. `.:1i rT.1,111rr':l"111orrlt r',1 � I 1 1 ! 477, i -��I� II I ��- - • ' 71IL 39�1''rtIXl,lo IE1'=•� I yI TL • I+1 I 1iran-zrt�innEiniir �.�_ 1 ; �. � a • WM.T.1rin'Tlr'-..O.d ••• � 111/ ' I faL-Lt^l/r1pR:'IQt1Jr ••� - r71,-Q-n.#,-v.I1S Srt• 1 ll I r.L:1'ar�ln r.rw arLc•-'C��_� 1• - '.' I clormi,sQ_In=uarrc .- �� 11 1 I O - z. -i� n Liii' ,�Irll-rni - � , nrmr 1L --7nT,11LT 1 f077/77,]7D6 E 7]0 107]06 14•,1gL1..r•;{1.o-Ir1FPTry.1..1��•--.g..•••••.•• lLI1`7•1•1:J11r-I IQ1C�•. r�� 1I]76W91 I ni...l u ^7T.IO1I == 1 • - r14=-.Irura-.-W lrl_== r1L'1.'lilln3-I,ii 1Q7rr-•>_ r r1,G1V1.ra^rlitl••11 ,�•.••� ( . Ll.'1.r'.uro-L31rnrr• - • O6+1:aiulr11TraoC-1- �m 1 rIL-PI1Sl,r1,11-1r11, inn11 • LEGEND 0 TREE 0 GAS METER TREE SURVEY J CABLE TV RISER WI SEWER MANHOLE OWNER SURVEYOR 1950 E. CONTINENTAL BLVD. •. POWER POLE SAN SEWER CLEANOUT NOTE CITY OF SOUTNLAKE, TEXAS TEAGUE NALL AND PERKINS.INC. O WON ROO . MAILBOX CONTOURS 0IOSN ARE TAXER FROM 667 NORTH CARRELL AVENUE 915 FLORENCE STREET PUBLIC WORKS FACILITY A PRELIMINARY SURVEY BY SOUIHLAHE,TEXAS 76092 FORT WORTH,TEXAS 76102 a WATER VALVE 4 SIGN JANUARYCHEATHAY A ASSOCIATES DATED PHONE_(617)461-6S61 PHONE-(617)336-5773 THE CITY OF SOU THLAKE 23,f997. FAY-(617)466-6796 FAX-0117)336-261] •n WATER METER . FUEL PUMP VALVE TARRANT COUNTY. TEXAS < SPRINKLER VALVE -•- FENCE 11.59 ACRES AUGUST 21, 1998 REC'D AUG 2 41998 Resolution No. 98-67 410 Page 1 RESOLUTION NO. 98=67• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR OUTSIDESTORAGE ON PROPERTY WITHIN THE CITY OFV SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS TRACTS 6D 76E A! )6F SITUATEDLIN THE JOHN:vt-wE0."�': '�SURVEY ABSTIt I-N .;{. O_59 BETP,TG! APPROXIMATELY-µ 1Y:587�;.ACfiES IN_-LA ING "MQIt war _.�:w...�u„.w ._.�:..�::.:a..r :,..;�_ ., COMMONLY;KNOWN.:AS",TH_E°:,;CITY="OF":SOUTHr'^' PUBLIC WORKS ry FACILITY LOCATElk:AT719_5O EAST, CONTINENTAL"'�e BOUT EVARt) MORE 'FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS • EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for outside storage has been requested by a person or corporation having a proprietary interest in the property zoned as"I-i"Light_IndustriaVPistrict,and, WHEREAS, in accordance with the requirements of Section 45 1µ;(27) 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 outside storage on the property being legally L:\COMDEV\WP-FILES\RES-ORD\98-67OUT.SUP E-IZ Resolution No. 98-67 • Page 2 described as Ttacts`6D 6E�andr6E'situate:0n:tlie'Jo"hn>ADFreemaWSW AbsfraetyNo7529 and being approximately•11-:587acres,and lieing more commonly luiowri as.tlie Giiy:of Soirtlilake Pubh Works.Facili located-at1950 East-Continental,'Boulevatc, more fully and completely described in Exhibit"A",and as depicted on the approved concept 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. 3. 110 4. 5: SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF , 1998. CITY OF SOUTHLAKE By: Rick Stacy,Mayor ATTEST: 110 Sandra L. LeGrand City Secretary LACOMDEV\WP-FILES\RES-ORD\98-67OUT-SUP 1643 Resolution No. 98-67 Page 3 • APPROVED AS TO FORM: City Attorney City of Southlake, Texas • • i L:\COMDEV\WP-FILES\BES-ORDV8-67OUf.SUP le r' PPIV • Resolution No. 98-67 4 • Page EXHIBIT "A" • MEOW.ate Gy of Soudan%acting by or Warp 180..w..yn.0 it.Orly.rlMnad octant i dui seed wow d o tract of I.4 aboard in 0r John A.Frames Sara%A9atrat 529.Carty of Tarot.s.o.9 t.One d..a recorded in Vend 13211.Ps9s 214 and Wlar 11149.Pap.104.5,reed Rocorok.Torrent Count%Tool end mere p.rtiedey r.vid a knows flfCsaeeG.1 a Mint in tlr cote.duo al CO"...0d Oar9.ar.(Cott'Rd 93099)My coP0:rnat.y 1129 loot west 4•arq rid canto.kW hew M 0oathoal eerie.d scar Roa.w Tract ow trod it the da to N.Gly w Scheer rawer in*none 13291.Pogo 216 O..d Records.Twart County.To.a f.No o0Ah..tood cart.of Or heel Mvid i sad dad.act Ito Ow oo hoar corr.a of sad alp tract Praia boviot DIME h0079'331 don or wet ono of cord Gly trod Meng though el 1650 feet.I inch You Rod Sound c.ntin,riy in r s enters r 971.55 foot t..3)inch Yon Rd land for 9r~Enrol cote.d the tact deavied i W dor le two City of So.U0aY.modal.Volume 13291.Page 266 Ord Recants,Tarrant Count%Teas end ler the ne.thww comer of said Gly tract MINCE N 6972.4C0 dog 0r north her of d.sattod tract and One south One of Canlodg.Recs.Phew I.poring three,.w 60.45(out s 1{inc+Fan Rod ford.part'ct 134,61 foul a 3/1 end. Fern Rod fond for Ua torthoat crew of Or tract d..aid in tM der to U.t:ty of So.ad.ha rreaMd i.brand t3211.Pogo VOL Dowd Records.Torrent Cent%Tors and for the northwest owns" o f Lot I dtaatted in the der to the Gly ct Souttdal.in Volume 12249.Pogo 1045.Oar Recent%Terror Comp Yates.r1's11 Lows 5007503-[OAR fat hew sic Ono Inning OY.h0 of 16131 het a))i.e.Yon Rd rand.poring through at 306.34 fat o 1f inch Fan Rod ford.ad passing Wage.at 41925 fort.o%inch van Rd forme continuing in d•distance of 52609 fort le e 3/4 wen Foe Pin fond for Or northeast comer of Trot I dr caked in U.deed Is U.Gly of Sot/far in Vaunts 12249..Pogo 1045.Deed Records.Torrent Carl}Te.a,old for the north-ast cana of aid Gy trod hetCE S 0010'34.E along One at Gr of dratted tract and Ur red far of Goose brrna Poe posing thr•••O1 ct 2.6 feet.o%inch van Rod fond for the narthwat moor of 1At5 end sr sortw.ot can.of Lot 6 oar..eon an a plat of Garde.Buena Para record in Cabinet A Volume 1496.Plat Records.Tarrant County.Taros.cantswwg in a9 a dhtano of 50131 feet w.I ouch row Rd loud.being tha watt..%come.of Trott 1 or the narthal crone.of Trot d de9vied in the deed to the Gly of Sandra in Vol.r..12249.Pope 1045.Orr R.ard.Tarrant Canty.T..as. I.a Will an Or at One of sod aty tract ih0CC S 007.3.40.C a Tatars of 450.25 fat along Or al lino al embed tract wed the.cot One of G8.4..brims Pont to a 16 bat Van Rod fond in tM North dint-of-wy Ii.o of Conlwand loua.ard for the.outhat carver of Trat 9 dratted in the deed to the Gly of SouWcao w VOaM 12249.Page 1045.Deed Records.Tsai Canty.Te.oa,cad far the 9arth.e.t con.of Lot IA Crones brine..Pont on roan a a plat recorded in Ca1ir1 A Volume 1435 Plat Records.mat Cant',Teas far the southaert coon of said Gly Last 11 CaCE S 6Y46'40.e.trat.tu of 394.15 feet along the north M.of Continental 6ornard t 1{inch Ira ni ani Rd a . fora for the th. t coon,of Tort■a oarw O d to On.Cory wee•ill r re el S Oo . Volume 12249.Pogo 1045.Ord Records.Torent Canty,Tors NOCE S 0072.22.6 a distance of 19.00 het to a point w One eater W d Cat4atal eh:awa d a for Or souOat total of the toot decoded in the dud to the Gly of Soothers in Vaasa 13291.Pop.256 Owed Reads.Torrent Cant%Team LERC[S 5979ro6-e o s'.tou.of 135.45 leer Mang Or cater lid of Continental tlo.drard to the RAC[OF 968MIG ta.toiniq 504.747.carve fst • • • • S • L:\COMDEV\WP-FILES\RES-ORD\98-67OUT.SUP ID • • 1 • • b-d • • CIO cce CV 0 SITE DATA SUMMARY ALL BUFFERYARDS EXCEED REQUIRED WIDTHS. l.I1 , ' ZONING•11.L.U.0.-INDUSTRIAL PLANTINGS TO BE DETERMINED IN COOPERATION O BOSS AREA-1165 ACRES WITH LANDSCAPING ADMIN UTILIZING EXISTING, • TOTAL FLOOR AREA•12.550 SO.FT.(EXIST.BLDG) t L.U OWNER:CA DENSE.LTD 0 PHASE 1 PHASE 2 ZONING•SF20A •o.. • —Tr:Mr'' _-f OWNER:SONDRA KAY DAVIS 27 0 L.U.DG INDUSTRIAL 1{-____ ry I��+•?Y I^ _�„:.o.wu.r ZONING•II �-TYPE BUFFERYARD •• u3 • � % it:;VA' taw RHOS 25'-SO'PROPOSED 00 g0 1 1 _� .-.1 1. ��_ �._�-a--s.=^c�a,as..rr.+sr+ r... .. 9,.a,anlr .•�rer�T' ="=:.-�?'srr.�sr•r et.l.��r..._ OWNER:ME UNUMB TYENTERPRISES. DENTULaN � r �,,.rwcu....rr 2S BUFFER L U D 1 LW'J rw..wc..ecarrlrcnu 50'iBUFFER • , '""..1 I- 1 • b 111- ._. "- '. '.': : � I ZONING•SF20A C13i _ 1 a _ .w.�, .—r_ .._-. _.: --__.- ..._ FUTURE COVERED PARKING-- _✓ NJ !• �_` - DETENTION POND - -•• .. TEES + j 6,j 1 I ,- � 175';175' -1 �i NDICA IED(TYPICAL) 1 �,I !- - --1 ,- ,n i z I.i ' ♦✓L,. 1. -1 .i .. I /- •2.10'SUFFERYARD z 1 ' i i ' •rs•: -) YII 1 / WITIEI FUTURE Y AtASONNV FENCE U1 I I ---- - FUT. ... .` ...•- _ .... I .. - --- -.--' i O ISIING Y'WOGD FENCEADJACENT 7 1 -( k '— _ ?STORY, 1 • U'UIIE p K NQ I` 5` LOTS 20.25,AND 24.) M 1 BLDG.1 ` , ` I I I r.I •_,_1 (EVERGREEN TREES WILL BE PUNTED I�r •-, 1 0 1I 1 I11 1. i_ OU1 ' ' I ` I I EXISTING GRAVEL PARKING LOT TO BE I-1 , AS PART OF THIS BUFFERYARD.) o �; I • •i• PARKING l>�LL LN� I I I I L-, ALL WEATHER PAVING SURFACE IN THE tl_ - ----._wGINITY MAP -_- �} R V3 • OI. 1,•,`•.1_�E P (51) `111 /-- PROPOSED VEHICLEt FUTURE. /FA41 I- i • woi i I d I .,i1`tx,t.......n.? v.ownr •-�IIIIIIIIIIIIIII '`1I I I I I i ` ) ly I- 0_or! - /' --EXISTING I i ' - i / p U I C i ! •; r ASPHALT ,A...-• RCP CULVERT i .- 24` Il , �w Iq -.• J W I' ! - ZB'. 24'(MIN)WIDE, IRE LANERUTURE PA K NG I •_•._ • ,Rac PAVING •1 ¢ 3• tl —V.. 1 •mmnarr �-- _•.,______, I I I I I • N 3 -"I—m L g ucoulwcrmw (� _.._.._._-! -1 I � `11 ICJ Re R EQUIPMENT 8 MATERIAL STORAGE S _ �,.( T fQ.. • r wr.m I r....a�. >.. FUELING A E I m L °e ;�r�a'`e1-1 1¢G¢ `f �o..un ! ) n EXISTING TEMPORARY STORAGE TO BE 1 b 1 W I I I.Lc _ i ,C 1 l' • ' 'FUT.I 1 I -1-• MAXIMUM I2'IUGN PENDING FURTHER 1 \ca.. • a Z ( 1 CEOFAGREEMENT BY iI ft EXIST.PUBLIC ;f WASH PROPOSED / B. 231 Br�1Wgi , OS S e 1 ! 2 ; EASEMENT lorlrCuit rr-1 .YTt ___-,_.FAN I,-' d WORKS SERVICE GTR. . ` / 3 m °t I OI X I;W - i AGGREGATE STORAGE i • wp=_ 1_ _--•-•-_ '1 Ig3S I W I• I Imo'L ' ��•TI Q AN�!'lj �,"C.'wni�l � R.' ASPHALT 1 1- 1yJ,, • 00'X 30'BINS PNOPOSEO MASONRY , �� f r __._1 4rl �1 F• •wfu�. ` PAVING PHASE II PHASE i _-I .I,IPHI Ely I �tl'SCHEEN WALL 1 Jr� -- ---- .ud I a 1�• 24'(MIN)WIDE FIRE LANE /•50'BUFFER YARD J N A,...� . ram, a- --_____:_. :._ ..._ D BUF , ._ __......._..• _ .. ._ ?._.. •.......r. 0 �O12 1..,,.0- 1 .w�ro or tun... 5009YL0•E 65025' EXISTING B'HIGH CHAINLINK FENCE) 500.3014'E 511551' z •/ -ru.C�1Cu,:Ccii FUTURE'MASONRY SCREEN WALLDO I. ,� Q II.-TYPE'0'ICY `•=-TYPE'A'5' ...„r.,. J=••-• a BUFFERYARD OWNER:METROPLEII ACOUSTICAL BUFFERYARD OWNER:DAVID&BEVERLY THORNE • 1U'PROPOSED L.U.D.•INDUSTRIAL 10'TO SIT PROPOSED L.U.D-INDUSTRIAL ZONING•11 ZONING-it • CONCEPT PLAN FOR OF SOUTHEAKE 1050E.CONTINENTALT BLVD. 6 0 11 ZONING WITH SUP;L.U.D.-INDUSTRIAL Ov • 1 I t I PUBLIC WORKS FACILITY JOHN A.FREEMAN,NO.529 LOT 1 .=r�� 1 t�i1 I SOUTHLAKE,TARRANT CO.,TEX. • 70 60 120 1S, !,:_ ,L - AUGUST1998 11.65 ACRE • SCALE:1•.60' CAse No:LA WOG.' -j'._ REVISION DATE SEPTEMBER 21,1998 O co RECD SEP 211998 (/C1 'd City of Southlake,Texas MEMORANDUM 0 October 1 1998 TO: Curtis E. Hawk, City Manager FROM: Shana K. Yelverton, Assistant City Manager SUBJECT: Ordinance No. 713, 2nd reading, Granting a franchise to Millennium Telcom, L.L.C. for the provision of telephone service within the city. Council approved this ordinance on first reading on the consent agenda at the September 15 Council meeting. You will recall that Millennium Telcom, L.L.C. has approached the City to obtain a franchise agreement for providing telephone and cable service within the City of Southlake. The item on the current agenda is the telephone portion of their request, and the cable agreement has been placed on the agenda as a separate item. 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. This type of request for franchise agreements was not a surprise. The Telecommunications Act of 1996 completely overhauled the federal regulations for the industry, transitioning it from regulated monopoly to a fully-competitive industry. The Act was passed with the intention of encouraging competition by allowing multiple telecommunications providers, each competing with one another, with some providing voice services, some providing data - services, some providing video services, and some providing all three.(The significant construction expenditures incurred by companies attempting to penetrate the customer base of incumbent local exchange companies has limited the number of companies entering into the market, which is probably why we are processing our first agreement a full two years after the law was enacted.) Although many of the provisions of the 1996 Act will ultimately be defined through FCC decisions, court decisions, state legislation and municipal ordinances, they have already paved the way for new competitive companies like Millennium to enter into local markets. In spite of Pry the federal regulations governing this industry, the Act does solidify the role of local S governments as that of the landlord of the local public streets and rights-of-way, and of the various private companies that place facilities on those rights-of-way as tenants. Under the law, cities are entitled to fair compensation from those private companies, but must treat the rights-of-way users in a coordinated, nondiscriminatory way. This particular franchise agreement was negotiated by our city attorneys. Essentially, Millennium was agreeable to all of our requirements, agreeing to compensate the City of Southlake at 5% of gross receipts, which-is generally considered favorable to the city. Our attorneys have pointed out that 5% is the maximum a city can charge a cable provider,,and many telephone franchise fees are 3-4%. As a matter of comparison, our franchise fees with GTE and Southwestern Bell are not specifically based on percentage of gross receipts at this time. GTE's agreement was recently renegotiated and the charges are based on the number of access lines, but the calculation of the base rate was favorable, according to our attorneys. Southwestern Bell is charged a flat fee which is adjusted annually with a growth factor. This agreement was negotiated before the Act was passed, and provided more revenue to the city for the small number of customers served by SWB than the previous agreement which was in place. (Our previous agreement with them was based on 4% of their gross receipts, which resulted in less compensation at the time than the flat fee imposed in our new agreement.) The current SWB agreement is the result of complex negotiations with SWB, who had taken a position that the company was not required • to obtain a franchise from cities. In any case, the growth factor incorporated into the agreement has resulted in almost double the collection of fees from 1997 to 1998. Analeslie Muncy negotiated this agreement on our behalf, and feels that compares very favorably with our other telephone franchise agreements. Essentially, Millennium was willing to accommodate all of the requests she made. A copy of the Millennium franchise agreement for the provision of telephone service in the city is included as Ordinance No. 713. Please place this item on the Council agenda for the October 6, 1998 meeting for consideration on second reading. SK Y . • . 7F- ORDINANCE NO. 713 AN ORDINANCE GRANTING A FRANCHISE TO MILLENNIUM TELCOM, L.L.C. TO CONSTRUCT, INSTALL, OPERATE, AND MAINTAIN A TELECOMMUNICATIONS SYSTEM IN THE CITY OF SOUTHLAKE; PROVIDING FOR ACCEPTANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Millennium Telcom, L.L.C. (hereinafter referred to as the "Telephone Company") will engage in the telecommunications business in the State of Texas and in furtherance thereof, will erect and maintain certain items of its physical plant in the City of Southlake, Texas (hereinafter referred to as the "City"), pursuant to such rights as have been granted it by and under the laws of the State of Texas, and subject to the reasonable exercise of the powers granted by and under said laws of the City and WHEREAS, it is to the mutual advantage of both the City and the Telephone Company that an agreement should be entered into between the Telephone Company and the City establishing the conditions under which the Telephone Company shall maintain and construct its physical plant in the City in the future; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTH LAKE, TEXAS, THAT: SECTION 1 - PURPOSE Pursuant to the laws of the State of Texas. the City Charter and this Ordinance, the City grants the Telephone Company the non-exclusive right and privilege to use the public rights-of-way in the City for the operation of a telecommunications system subject to the restrictions set forth herein. The Telephone Company may use such rights-of-way for its telecommunications facilities. The Telephone Company may construct, install, and maintain facilities and transmission media in the public rights-of-way used in or incident to the provision of telecommunications service in the City, subject to the conditions prescribed in this Ordinance. The terms of this Ordinance shall apply throughout the City, and to all operations of the Telephone Company within the City, and shall include all operations and facilities used in whole or in part in the provision of telecommunications services in newly annexed areas upon the effective date of any annexation. SECTION 2 -ADDITIONAL AUTHORITY REQUIRED The Telephone Company is not authorized to provide cable television service as a cable operator in the City under this Ordinance, but must first obtain a franchise from the City for that purpose, under such terms and conditions as may be required by law. • 7/ 3 • SECTION 3 - DEFINITIONS words and terms shall have the Whenever used in this Ordinance, the following w o definitions and meanings provided in this Section: (a) Facilities: All Telephone Company duct spaces, manholes, poles, conduits, underground and overhead passageways, and other equipment, structures and appurtenances and all associated transmission media. (b) Use: The Telephone Company's acquisition, construction, reconstruction, maintenance or operation of any facilities in, over, under, along, through or across the public rights-of-way., for any telecommunications purpose whatsoever. (c) City: The City of Southlake,.Texas (d) Rights-of-way: All present and future streets, avenues, highways, alleys, bridges and public ways within the city limits of the City. (e) Transmission media: All Telephone Company cables, fibers, wires or other physical devices used to transmit and/or receive communication signals, whether analog, digital or of other characteristics, and whether for voice, data or other telecommunications purposes. (f) Non-exclusive: No rights provided in this Ordinance by the City shall be exclusive, and the City reserves the right to grant franchises, licenses, easements or permissions to use the public rights-of-way within the City to any person or entity as the City, in its sole discretion, may determine to be in the public interest. (g) Telephone Company: Millennium Telcom, L.L.C. • SECTION 4 - TERM This Ordinance shall continue for a period of five (5) year(s) from its effective date; provided that at the expiration of the initial period, its term shall be automatically extended for successive periods of one (1) year; unless written notice of intent to terminate this agreement is given by either party not less than ninety (90) days prior to the expiration of the then current period. When such notice is given, this agreement shall terminate at the expiration of the then.current period. SECTION 5 - GENERAL CONDITIONS OF USE (a) Placement of Poles and Equipment. 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 Telephone Company in the construction and maintenance of its telecommunications system in the City shall be subject to the lawful, reasonable and proper control and direction of the City. 2 . 7/—V Prr (b) Requirement of Relocation. As authorized by Section 54.203(c),Texas • Utilities Code, the City reserves the right to require the Telephone Company, at Telephone Company's expense, to relocate its facilities to permit the widening or straightening of streets by giving to the Telephone • Company thirty (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 Telephone Company's use of the rights-of-way shall be subject to the police power and direction of the City. The Telephone Company may be required to place certain facilities underground according to reasonable requirements that may be adopted from time to time by the Southlake City Council; provided, however, Telephone Company shall be given due notice and shall be entitled to a hearing before the Southlake City Council prior to the adoption of any such requirements. (d) Non-interference. All use of the rights-of-way,,by the Telephone Company shall interfere as little as reasonably practicable with the use of the rights-of-way by others. (e) Space for City's Use in Existing Facilities. The Telephone Company shall permit the City of Southlake to use without charge, solely for its own non-commercial telecommunications purposes, the following described facilities: One duct in all of Telephone Company's ducted facilities within the city limits, with sufficient space for necessary joints. Also, Telephone • Company shall provide adequate space on all non-ducted facilities on or within the rights-of-way for the City to attach transmission media for the City's own non-commercial use. Where insufficient facilities exist to accommodate the City, other existing facilities may be substituted therefore with the concurrence of the City. (f) Space for City's Use in New Facilities. Whenever the Telephone Company extends its existing underground conduits, it shall provide one duct in each additional conduit for the City's own purposes, as provided above. The Telephone Company shall cooperate with the City at all times by providing timely, complete and continuous information regarding the location of all conduit, along with such maps, plats, construction documents and drawings as may exist or be created from time to time. (g) Use Restrictions. The City shall not use any facilities which are provided for City's use by the Telephone Company for power transmission purposes; nor otherwise use any circuits so as to unreasonably interfere with telecommunications or facilities; provided, that Telephone Company shall not use high potential wires for power transmission in its facilities, nor otherwise so as to unreasonably interfere with the operation of City's communications or facilities. Telephone Company and City shall cooperate and coordinate their efforts to make the most efficient and economical use of facilities. To this end, the parties will make periodic • assessments of their needs, including, but not limited to use and exchange of facilities to meet requirements. The City shall keep 3 7ç5 Telephone Company aware of its needs and shall notify Telephone • Company in writing when it uses Telephone Company facilities. (h) Non-commercial Use by City. City shall not sell, lease or otherwise make available its right to use Telephone Company's facilities to any third party for commercial purposes. Such rights are provided solely for the non-commercial exclusive use by the City. However, this restriction shall not prevent the City from using the services of a third party commercial entity to manage or operate the City's facilities on behalf of the City so long as no resale or other commercial use of such facilities shall occur. (i) Use of Facilities by Other Entities. The Telephone 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 ariy private business. The Telephone Company may be required to attach its transmission media to facilities owned and maintained by any person or 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 Telephone Company upon reasonable, non-discriminatory terms. The Telephone Company may require any person or entity to furnish evidence of adequate insurance covering the Telephone Company and adequate bonds covering the performance of the person or entity attaching to the Telephone Company's facilities as a condition precedent to granting permission to attach transmission media to Telephone Company's • facilities; provided Telephone Company's requirements for such insurance shall be reasonable, as determined by the City. (j) Location of Transmission Media. Transmission media shall be so located on the facilities as to be safe and not to interfere unnecessarily with the use of the rights-of-way by others, including persons or entities authorized to use the facilities. The Telephone 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 Telephone Company's facilities if it can be shown satisfactorily to the City that the Telephone Company will be subjected to increased 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. 4 Pry SECTION 6 -CONSTRUCTION, MAINTENANCE AND EXCAVATION • (a) RemovalDangerous of Dan erous Facilities. The City shall have the power at any time to order and require the Telephone Company to remove any of its facilities that are dangerous to life or property, and in case the Telephone Company, after reasonable notice to the Telephone 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 Telephone Company, all without compensation or liability for damages to the Telephone Company. (b) Excavation and Restoration. (i) Except in an emergency, the Telephone Company shall not excavate any right-of-way 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. (ii) Telephone 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 Telephone 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 Telephone Company shall perform the additional work to the reasonable satisfaction of the Director of Public Works. The Telephone 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 Telephone Company shall make or cause to be made excavations or shall place 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 Telephone 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. 5 7C-- 7 SECTION 7 - WORK BY OTHERS, CONSTRUCTION BY ABUTTING _ . OWNERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENT (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 Telephone 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 Telephone Company for any damages related to the work, nor shall the City be liable to the Telephone 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 Telephone 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 Telephone Company granted in this ordinance. If the City plans to close or abandon any right-of-way which contains any • existing Telephone Company facilities, City shall, if requested by Telephone Company, (1) reserve a continuing right for the Telephone 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 Telephone Company. (c) Alterations or Changes to Rights-of-Way. Whenever it shall be necessary for the City to require Telephone Company to alter, change, adapt, or conform its facilities within the right-of-way, the alterations or changes shall be made promptly, with consideration given to the magnitude of the alterations or changes, without claim for reimbursement or damages against the City. If these requirements impose a financial hardship upon the Telephone Company, the Telephone Company shall have the right to present alternative proposals to the City, and the City shall give due consideration to any alternative proposals. It is understood, however, that the City shall not require Telephone Company to remove its facilities entirely from the right-of-way. If the City requires the Telephone Company to adapt or conform-its facilities to enable any other entity or - person, except the City, to use, or to use with greater convenience, rights- of-way or public property, Telephone Company shall not be required to • make any changes until the other entity or person shall reimburse or make arrangements satisfactory to Telephone Company to reimburse the 6 7F-08 Telephone Company for any loss and expense caused by or arising out of th"e change; provided, however, that the City shall never be liable for the reimbursement. (d) Relocation of Facilities. For public improvement projects the City will notify the Telephone Company and give it a reasonable time, as determined by the Director of Public Works, when relocation of facilities is required. Prior to the beginning of construction by the City, if the Telephone Company has not relocated its affected facilities within the rights-of-way after being afforded a reasonable length of time to do so, giving consideration to the scope of the facility relocation, and when the delay is not caused by actions of the City, the following procedure will be followed. The City shall provide the Telephone Company with reasonable notice of failure to act and request relocation. If the Telephone Company continues to delay, the City's Director of Public Works and the Telephone Company's designated representative will jointly review the relocation request in an expeditious manner to establish a mutually acceptable completion date for the relocation. If the Telephone Company continues to delay or does not meet the revised completion date, the City's Director of Public Works shall provide not less than five (5) days written notice to the Telephone Company's designated representative advising the Telephone Company of the City's intent to relocate the affected facilities. If after expiration of the written notice required by the preceding sentence, the Telephone Company continues to delay, the.City shall have the right • to relocate the affected facilities, and the Telephone Company shall reimburse the City for all costs of the relocation. The City shall not be liable to the Telephone Company for any damage to the facilities unless proximately caused by the City's gross negligence, and shall not be liable in any event for any consequential damages relating to service interruptions. The relocation by the City will be performed only when the Director of Public Works determines that it is necessary to prevent disruption of a City project. The relocation will be accomplished by means of temporary construction and in a manner which will not unreasonably disrupt telecommunications services. The City shall make every effort to coordinate with the Telephone Company prior to the necessary relocations and will not attempt to relocate the facilities until the City has exhausted the foregoing procedures. The Telephone Company shall ultimately be responsible for the final permanent relocation of the Telephone Company's facilities. (e) Designation of Representative and Notices. Upon the acceptance of this ordinance, the Telephone Company shall notify the City's Director of Public Works of the name, telephone number, and address of the Telephone Company's designated representative for the purpose of receiving notices under this ordinance. The Telephone Company may change the designated representative by giving notice to the City's • Director of Public Works. All notices under this ordinance shall be given 7 7F 9 PV , in writing and sent United States certified mail, return receipt requested. • Notice to the City must be sent to: Director of Public Works 1725 Southlake Blvd. Southlake, Texas 76092 Notice to the Telephone Company must be sent to: Tom Johnson President Millennium Telcom, L.L.C. P.O. Box 1450 Denison, Texas 75020 • SECTION 8 -TEMPORARY REARRANGEMENT OF AERIAL WIRES Upon request, the Telephone Company shall remove, raise, or lower its aerial wires, fiber or cables temporarily to permit the moving of houses or other bulky structures. The expense of such temporary rearrangements shall be paid by the party or parties requesting them, and the Telephone Company may require payment in advance. The Telephone Company shall be given not less than forty-eight (48) hours advance notice • to arrange for such temporary rearrangements. SECTION 9 - TREE TRIMMING The right, license, privilege and permission is hereby granted to the Telephone Company, its contractors and agents, to trim trees upon and overhanging the streets, avenues, highways, alleys, sidewalks and public places of the City so as to prevent the branches of such trees from coming in contact with the aerial wires, fiber or cables of the Telephone Company, and when so directed by the City, trimming shall be done under the supervision and direction of the City or of any City official to whom these duties have been or may be delegated. SECTION 10 - INDEMNITY The Telephone Company shall indemnify and hold the City harmless from all costs, expenses (including attorney's fees) and damages to persons or property arising directly or indirectly out of the construction, maintenance or operation of the Telephone Company's facilities located within the public rights-of-way found to be caused by the negligence of the Telephone Company. This provision is not intended to create a cause of action or liability for the benefit of third parties but is solely for the benefit of • the Telephone Company and the City. S . . . . , Irr SECTION 11 -ADMINISTRATION OF ORDINANCE (a) The City may, at any time, make inquiries pertaining to this Ordinance, 'and the Telephone Company shall respond to such inquiries on a timely basis. (b) Copies of petitions, applications, communications and reports submitted by the Telephone Company to the Federal Communications Commission or the Public Utility Commission of Texas shall be provided to the City upon request. .(c) The City may establish, after reasonable notice, such rules and regulations as may be appropriate for the administration of this Ordinance and the construction of the Telephone Company's facilities on City property to the extent permitted by law. SECTION 12 - COMPENSATION TO THE CITY • (a) As compensation for the use, occupancy, oversight, supervision and regulation of the City's rights-of-way and for any other consideration provided by the City under this agreement, and in lieu of and in full compensation for any lawful tax or license or charge or right-of-way permit fee or inspection fee, whether charged to the Telephone Company or its contractor(s), or any right-of-way easement or street or alley rental or franchise tax or other character of charge for use and occupancy of the rights-of-way within the City, except the usual general ad • valorem taxes, special assessments in accordance with State law or sales taxes now or hereafter levied by the City in accordance with State law, the City hereby imposes a charge upon the gross receipts (as hereinafter defined) of the Telephone Company. The Telephone Company shall pay the City an annual amount equal to five percent (5%) of its gross receipts. The Telephone Company will, according to tariff, bill such charge to the customers who pay the customer service charges included within the term "gross receipts," as defined herein. Gross receipts, for the purposes of this charge, shall include only customer service charges which meet all three of the following conditions: (1) the charges are for Telephone Company service provided within the City; (2) the charges are billed through the Telephone Company's customer billing system; and (3) the charges are the recurring charges for the local exchange access rate element specified in the Telephone Company's tariffs filed with the PUC. The Telephone Company shall adjust its billings to customers to account for any • undercollection or overcollection of the charge due the City. • 9 - • (b) The charge for each year shall be paid in four (4) equal payments. The first payment under this Ordinance shall be due on the last day of the fifth month following the effective date hereof, with subsequent payments due on the last day of each third successive month thereafter during the term of this Ordinance. In the event of any over or undercollection from customers at the expiration of this Ordinance, the Telephone Company may make a pro rata one-time credit or charge to the customer billing for affected customers who are billed for a service included within gross receipts, as defined in paragraph 12 (a). This will be accomplished within 150 days following the date of expiration of this Ordinance. If however, it is impractical to credit any overcollection to customers, then such overcollection shall be paid to the City. (c) Such payments shall not relieve the Telephone Company from paying all applicable municipally-owned utility service charges. Should the City not have the legal power to agree that the payment of the foregoing charge shall be in lieu of the taxes, licenses, charges, rights-of-way permit or inspection fees, rentals, rights-of-way easements or franchise taxes, then the City agrees(that it will apply so much of such payments as may be necessary to the satisfaction of the Telephone Company's obligation, if any, to pay any such taxes, licenses, charges, rights-of-way permit or inspection fees, rentals, rights-of-way easements or franchise taxes. • SECTION 13 -ASSIGNMENT OF ORDINANCE This Ordinance and any rights or privileges hereunder shall not be assignable to any other entity without the express consent of the Southlake City Council. The consent shall be evidenced by an Ordinance which shall fully recite the terms and conditions, if any, upon which the consent is given. SECTION 14 - FUTURE CONTINGENCY (a) Notwithstanding anything contained in this Ordinance to the contrary, in the event that (1) this Ordinance or any part hereof, (2) any tariff provision by which the Telephone Company seeks to collect the charge imposed by this Ordinance, or (3) any procedure provided in this Ordinance, or (4) any compensation due the City under this Ordinance, becomes, or is declared- or determined by a judicial, administrative or legislative authority exercising its jurisdiction to be excessive, unrecoverable, unenforceable, void, unlawful or otherwise inapplicable, in whole or in part, the Telephone Company and City shall meet and negotiate a new Ordinance that is in compliance with the authority's decision or enactment and, unless explicitly prohibited, the new Ordinance shall provide the City with a level of compensation comparable to that set forth in this Ordinance provided that such compensation is recoverable by the Telephone Company in a mutually agreed manner permitted by law for the unexpired portion of the term of this Ordinance. 10 �`-/a P°F SECTION 15 -GOVERNING LAW (a) This Ordinance shall be construed in accordance with the City charter and City Code(s) in effect on the date of passage of this Ordinance to the extent that such Charter and Code(s) are not in conflict with or in violation of the Constitution and laws of the United States or the State of Texas. (b) This Ordinance shall be construed and deemed to have been drafted by the combined efforts of the City and the Telephone Company. (c) All obligations are performable and all payments are due in Tarrant County, Texas. SECTION 16 - 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 least 10 days before the second reading of this ordinance as required by Section 3.13 of the Charter of the City of Southlake. SECTION 17 -ACCEPTANCE AND EFFECTIVE DATE The City Secretary shall deliver a properly certified copy of this franchise ordinance to •the Telephone Company within three working days of its final passage. Telephone 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. PASSED AND APPROVED ON FIRST READING THIS DAY OF , 1998. Mayor, City of Southlake, Texas ATTEST: _City Secretary • 11 - 7ci/3 - • PASSED AND APPROVED ON SECOND READING THIS DAY OF • , 1998. Mayor, City of Southlake, Texas ATTEST: City Secretary • APPROVED AS TO FORM: City Attorney • M:1WD-FILESIORDINANC1713-Millennium Franchise.doc/kb • 12 } pry ACCEPTANCE • WHEREAS, on the day of , 1998, the City Council of the City of Southiake, Texas adopted on final consideration, an Ordinance No. 713, entitled: AN ORDINANCE GRANTING A FRANCHISE TO MILLENNIUM TELCOM, L.L.C. TO CONSTRUCT, INSTALL, OPERATE, AND MAINTAIN A TELECOMMUNICATIONS SYSTEM IN THE CITY OF SOUTHLAKE; PROVIDING FOR ACCEPTANCE; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, Millennium Telcom, L.L.C., accepts and agrees to the provisions of Ordinance No. 713, which constitutes a binding contractual obligation of Millennium Telcom, L.L.C., and Telephone Company files this its written acceptance with the City Secretary of the City of Southiake, 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 Southiake, Texas, this day of , 1998. City Secretary �/ /5 City of South lake,Texas MEMORANDUM October 2, 1998 TO: Curtis E. Hawk, City Manager FROM: Shelli Siemer, Assistant to the City Manager SUBJECT: Ordinance No.717, 2nd reading, Amending Chapter 18, Article III, Section 18-79 of the Southlake City Code, designating the speed limit as 25 miles per hour for certain streets. Ordinance No. 717 provides for an amendment to the Southlake City Code designating the speed limit as 25 miles per hour rather than the previously approved 24 miles per hour. It has been recommended that the City designate the speed limit as 25 miles per hour for certain streets in the Timber Lake, Southridge Lakes, and Coventry Manor subdivisions. This will allow the City to post the appropriate signage on those streets with a reduced speed limit from 30 miles per hour to 25 miles per hour. Please place the second reading of this ordinance on the agenda for City Council consideration at their regular meeting on Tuesday, October 6, 1998. OSS Attachments: Ordinance No. 717 qh - ORDINANCE NO. 717 • AN ORDINANCE AMENDING CHAPTER 18,"TRAFFIC AND VEHICLES", OF THE SOUTHLAKE CITY CODE (1996), AS AMENDED, BY; DESIGNATING THE SPEED LIMIT WITHIN THE TIMBER LAKE SOUTHRIDGE LAKES, AND COVENTRY MANOR SUBDIVISIONS AND ON LAKE DRIVE AS 25 MILES PER HOUR;DIRECTING THE DIRECTOR OF PUBLIC WORKS TO POST APPROPRIATE SIGNS;PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;AND PROVIDING AN 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,pursuant to Section.545.352(b)and 545.356,Texas Transportation Code,the City of Southlake,Texas has the authority to establish prima facie maximum reasonable and prudent speeds • within its corporate boundaries for vehicles on streets and highways; and WHEREAS,a special hazard exists that requires a slower speed in order for an operator to drive at a speed that is reasonable and prudent under the existing circumstances in the neighborhood; and WHEREAS,the prima facie maximum reasonable speed limits adopted herein are not in conflict with any order of the Texas Transportation Commission declaring speed limits along any roadways within the city limits of Southlake; NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE: SECTION 1. SPEED LIMITS ESTABLISHED That Section 18-79 of Chapter 18, "Traffic and Vehicles," of the of the Southlake City Code • 9-11-98 Page'i' nC-2 is amended to read as follows: The prima facie maximum reasonable and prudent speed for travel on the portions of the streets or highways designated in this section shall be the speed in miles per hour(mph)designated as follows, provided that an appropriate sign giving notice thereof is erected: Street Speed Limit (mph) North White Chapel Boulevard from F.M. 1709 40 to the north end of White Chapel Boulevard F.M. 1938 (Davis Boulevard)from mile point 0.000 south 0.892 mile to mile point 0.892 45 All portions of the following streets located within the Timber Lake Addition,including Lake Forest 25 Dr.,Edgemeer Ln..Edgemeer Ct..Shorecrest Dr., Parkcrest Dr., Elmbrook Ct., Shorecrest Ct., Parkdale Dr., Windmere Ct., Timber Lake Cir., Winding Creek Ct., Shadybrook Ct., Glenbrook ® Ct.,Brookdale Ct., Woodcrest Ct., Shadow Glen Dr., Timber Lake Dr., Timber Lake Way., Ridgedale Ct.,Timbercrest Ct.,Brook Meadows Ct., Lakehurst Ct.. Spring Brook Ct., Woodglen Ct., Parkdale Ct. All portions of the following streets located within the Southridge Lakes subdivision. including San 25 Jacinto Ct., Sabine Ct., Donley Ct., Irion Ct., Valverde Ct.,Gregg Ct.,Pecos Dr., Houston Ct., Liberty Ct.,Concho Ct.,Coreyell Ct., Stonewall Ct.,Crockett Ct.,Bosque Ct.,Brazos Ct.,Sterling Ct., Presidio Ct., Blanco Ct., Bowie Ct., Travis Ct., Brazos Dr., Loving Ct., Bandera Ct., Llano Ct., Kleberg Ct., Southridge Lakes Pkwy., St Augustine Ct. All portions of the following streets located within the Coventry Manor subdivision, including 25 Turnberry Ln., Coventry Ln.. Exeter Ct., Ramsgate Ct.,Devon Ct.,King's Ct.,Suffolk Ct., New Castle Rd.,Norwhich Ct.,Thetford Ct. • 9-11-98 Page 2 • Lake Drive 25 SECTION 2. POSTING SIGNS; INVENTORY The Director of Public Works is hereby directed to ensure that appropriate signs are erected and maintained giving notice of the speed limits adopted in this ordinance and to file an updated inventory indicating the new speed limits with the City Secretary as provided in Section 18-82 of the City Code. SECTION 3. CUMULATIVE CLAUSE This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake,Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4. SEVERABILITY CLAUSE. It is hereby declared to be the intention of the City Council that the phrases,clauses,sentences, paragraphs and sections of this ordinance are severable and if any phrase,clauses,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 its ordinance of any such unconstitutional phrase,clause,sentence, paragraph or section. SECTION 5. PENALTY 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 hundred dollars($200.00)for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6. 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 18 of the Code of Ordinances of the City of Southlake,or any other ordinances or statutes adopting prima facie reasonable and prudent speed limits 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 7. 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 9-11-98 - Page 3 Pr 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 fpof Southlake. SECTION 8. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. 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. o MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney 0 Effective: • 9-i -98 Page 4 . City of Southlake,Texas MEMORANDUM October 1, 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. 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. ACSI is a facilities based telecommunications company certified in the State of Texas to provide services to commercial companies. The company offers a full array of telecommunications services. Materials have been attached to my memo which describe more fully their services. In the last Council packet we reported that ACSI may wish to provide services to Southlake customers in the future, but are planning to simply pass through Southlake at this time. Exhibit A of the agreement (ordinance) included a map showing their route through town. It was our understanding through their attorney that they were only intending to use our right-of-way along Kimball Avenue between FM 1709 and SH 114. The negotiated agreement was to allow their use of the right-of-way under certain conditions, as long as they do not turn up service within our city limits. At that point, they will need to negotiate a franchise agreement with the city. We have since been in contact with their project manager, who has informed us that 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. This creates a very different situation. That is, they will need to negotiate a franchise agreement immediately if they wish to serve the Solana complex. 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. They are simultaneously negotiating agreements with Westlake. Staff is requiring that they acknowledge that the disputed area may be in Southlake for payment of the required fees by including it on Exhibit A. 7/7/—I • Curtis E. Hawk Ordinance No. 715, 2nd reading Page Two 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 $1 per linear foot as rental for use of the right-of-way in instances where the provider offers no services within the jurisdiction. This agreement proposes this fee for the footage of line in our rights-of-way as indicated on Exhibit A. I also reduced the term of the agreement from five to three years, since the agreement does not propose escalation of the fee (for example, indexing it to the Consumer Price Index or some other measure) during the term. It is my understanding that representatives from ACSI will be present during the meeting to answer any questions you or the City Council may have about their company, services, or this agreement. Please place this ordinance on the Council agenda for the October 6 meeting. i s./ • _ _ • 7//-c my.. •..4'.. g •f-,I irosixe"sovw....,wrikapdiewpwAielef r54111A40$V P..**MOXIMSOMOW0000SNWINNIMPISW77.* • ORDINANCE NO. illAN ORDINANCE GRANTING A LICENSE TO AMERICAN - 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 SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, American Comnamications Services of Texas, Inc. (*Licensee)and the City of Soutblake ('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 THE CITY COUNCIL OF THE CITY OF SOUTHLAKE: • 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-Ways). 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 S1.00 per linear foot for the length ofthe Designated Right-of-Way 0 as indicated on Exhibit A. The first annual payment is due and payable within 45 days after the 7/1-3 r _ __ ..... effective date of this License and within 45 days of each anniversary date ofthis 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 Southlake. 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 shallreport 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: 111/, 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, shall be responsible for any modifications to its installation or equipment necessitated by the City's work. Louthialeardmad.aphicanis NV III 7// L/ 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 clanns. (a) LICENSEE AGREES TO INDEMNIFY, DEFEND, AND HOLD THE CITY HARMLESS AGAINST ANY AND ALL CLAIMS FOR DAMAGES,COSTS,AND EXPENSES, TO PERSONS 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 • Naoashlaieafolooekapk a Pip 3 7N-5 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, backflow, or seepage caused from the failure of an installation, natural causes, 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 of having granted permission to Licensee 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 GOVERNMENTAL IMMUNITY OF THE CITY,LICENSEE SHALL NOT INDEMNIFY THE CITY NOR WAIVE ITS CLAIMS FOR ANY ACTS OF GROSS NEGLIGENCE ON THE PART OF THE CITY. SECTION 10. Existing facilities. This License is subject to any casting 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. If 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. 110NeouthiakemimapptaipinagiN Pip4 SECTION 12. Venue and governing law. (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 CREATED BY THIS LICENSE ARE PERFORMABLE IN SOUTHLAKE, 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 mast 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 assignment. 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. lithe written acceptance is not filed within 180 days after passage of this ordinance,this • License is automatically terminated. SECTION 15.Ordinance cumulative. This ordinance shall be cumulative ative 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. iouthlakeicramweapittikeme ryes 7 - 7 —�v rc.-r� .....- . ...•. vr. w. �.�... • .c�a� pppppro.. .•.m. .•• • 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 . . ti DROVED AS TO FORM AND LEGALITY: City Attorney • Date: ADOPTED: hrr.bCfIVE: • WiatilieredanasSapielicaras Pam 6 71-/- F3 -____-'___-_ - -__-----_-_-�--------_-_ __----- -- ' -- _---- __ -_-_-_- ----__---_'__-___-'-- --- ' - � l prJune 8, 1998 \-----•-•". et:1E1th The Public Network Newsmagazine 1 f 0 rmi a-. ti 0 m w. '=‘ ca la The intelligent networks shaping the Information Age Are you being served? sunICPs offer b dled services to 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- se es on the same bill. equip- se 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 rushing to package their offerings in a myr- between 6 million and 7 million companies they have to deal with three different ser- iad 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 r`teWill` cci�xE t= :' 1' want to provide those class of carriers is taking �1 gals, bundling to an even e.spire Communications Inc. �� integrated services. A higher level. Instead of Annapolis Junction, Md.. t"'art" `. closer look at three ICPs offeringjust a few ser- 3'' '? t r L� s` will illustrate how they www:espire.net 1; 1 z�42a 1 .: R ti ',ft over a common W; • , ws�' are offering those ser- Jack Reich, president and CEO vices today—and where access link, these z-- 7 -,.., providers are offering— ♦1997 Revenue:$59 million urn-' F; e..�x a„J they are headed. well,everything. *Services Offered: ATM, audioconf=r- - t$ , ,� �=� =-•• r Transforming ACSI Known collectively as encing; frame relay, Internet acre s, 4. ;,,.. ;.. integrated communica- : "` , American Communica- tions providers (ICPs), ISDN, local, long distance, securay—,s , �r• 4, , 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~7>- �. every day by competitive businesses with services • access providers(CAPs). that range from Internet vices currently available in 12 Cities; sehed -' 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- y' ver a common access line, usually a working services to support their products. gy, 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- s of these businesses don't have a communi- tions Inc. "They 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 Malone, a technology. tomers 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 7/_ —/0 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 SI decided to become e.spire largely base in its effort to offer multiple services than multiple links." it recognized a shift in the small- over a common link. "Companies like Intermedia view them- "What market, said Vernon Irvin, senior "What we discovered is that if you can selves as the LEC-based versions of World- vice president of marketing and strategy at give the customer multiple services and a Corn [which grew to enormous size e.spire,Annapolis Junction,Md. 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 S3,000 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," i\Ir. 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 cent more for a bundled service. So that will let them review bills, add and very big undertaking." " s our challenge." delete services and turn calling cards on provision its initial services, e.spire and off from their own sites." .Size matters used fairly traditional equipment such as All of the ICPs agree that their larger corn- 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. $50,000-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 tomers really care about that—they just volves 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 w•as 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 IlliTechnologies Fairchild Inc.). in the middle, which we think is the sweet g the leap "The main driver behind those acquisi- spot." n larger interexchange carriers and dons was to establish a way for customers local exchange carriers.enter the ICP mar- to add services quickly," said Rich Madrid, Tim Wilson is an, editor at large at ket—and most experts agree they will— senior director of enhanced network ser- Internet Week. Copyright@ 1998 by CMP Media Inc.,600 Community Drive, Ma/ /anhhaasssset,NY 111/0030.Reprinted from INTERNETWEEK with permission. / —'// City of Southlake,Texas MEMORANDUM III September 10, 1998 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: First 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 which 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, Yetts, 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 (although the developers held several additional meetings to work on their proposal). This ordinance amendment proposes changes to the maximum lot coverage regulations for the MF-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 by the 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. Three (3) definitions which are pertinent to this discussion are as follows: • "IMPERVIOUS COVERAGE-the combined area occupied by all principal and accessory buildings, structures, and paved parking, sidewalks, and driveway areas." J 6A- ( City of Southlake,Texas 111111. S 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. 50 `: > €1: iiiii ginnie 50 65 .65 70 75 65 »':: » '"><s:> 50 65 65 70 75 65 : > >< ''< • 50 - 6� 70 75 80 70 69 50( ) 65 75 80 N/A 75 60 70 75 80 N/A 75 P&.Z/CC Anal ass> #$=�� >> >< �'. ,�at 65 qs 70 70 75 70 ti,ii.,of Sit..Ph.,(50) P&Z/CC Aualyia at 65 70 70 75 70 ti,ni...f Site Plait(50) ».g.gMs z'gi' Per eon eept Platrat 65 70 70 N/A 70 t;,nc of Zu„1„g (50) Area A Are aB >I I »'><» 50 70 80 80 85 Area A: 80 Area B: 85 50 70 80 N/A 85 Area A: 80 Area B: 85 :::A clt(iti oiiiiii`'.��='€'':'.'.:'.> N/A N/......;::, A N/A In front bufferyards,require For all noted districts ::::.i1:.,.,.::..:..:... ::::; landscape berms and double except I-1 and I-2: the number of canopytrees. Variances anances may be ted t o increase the impervious coverage g ---------------- up to a maximum of 5% if the following cri teria is met for each 1% of impervious P� - coverage granted,the applicant shall s 11 add an additional 2 feet to the dep th of the required u'q fired rY bu ff r a ad sachcent adjacent to any street and an additional 1 foot of de th to the required uued P side and 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. f 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. A• • 3 J 8 PP S ORDINANCE NO. 480-BB AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; AMENDING CERTAIN REGULATIONS REGARDING LOT COVERAGE; ADDING CERTAIN SECTIONS REGARDING IMPERVIOUS COVERAGE; AMENDING "IMPERVIOUS COVERAGE" IN SECTION 45.9, "PERSONAL CARE FACILITIES;" AMENDING "APPENDIX A" BY REVISING CERTAIN LOT COVERAGE REQUIREMENTS AND BY ADDING IMPERVIOUS COVERAGE REGULATIONS; 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, the city has adopted Ordinance No. 480, as amended, as the Comprehensive Zoning Ordinance for the city; and WHEREAS,the city council has determined that it is appropriate and in the best interest of the city to promote the public health, safety, and general welfare of its residents by amending Ordinance No. 480 as provided herein; and WHEREAS, the city council has further determined that by establishing certain maximum lot coverage and maximum impervious coverage regulations the intensity of development can be controlled; and WHEREAS,the city council has determined that it is in the best interest of the community 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 SA 4 ppiPPIPP- parking areas; and WHEREAS, the city adopts these regulations to ensure a desired level of groundwater recharge and to reduce the impacts of surface drainage run-off; and WHEREAS, the city council has given published notice and held public hearings with respect to the amendment of the zoning ordinance as required by law. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. Section 16.5 of Ordinance No. 480, as amended, is hereby amended by adding a new paragraph(k), Maximum Impervious Coverage, to read as follows: "Maximum Impervious Coverage: The maximum impervious coverage shall not • 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 permitted: for each additional one percent (1%) of impervious coverage provided, an additional two feet(2')of width of the required bufferyard(s) adjacent to any street(s) and an additional 1 foot of width to the required side and rear bufferyards shall be 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 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." SECTION 2. Section 17.5 of Ordinance No. 480, as amended, is hereby amended by revising paragraph (e), Maximum Lot Coverage, and by adding a new paragraph(1),Maximum Impervious Coverage, to read as follows: "e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding forty (40%) percent of the total lot area. 1. Maximum Impervious Coverage: The maximum impervious.coverage shall L:\CITYDOCSORD\DRAFI\ZONING\480BB-3.CLN not exceed fifty(50%)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 permitted: for each additional one percent (1%) of impervious coverage provided, an additional two feet (2') of width of the required bufferyard(s) adjacent to any street(s) and an additional 1 foot of width to the required side and rear bufferyards shall be 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 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." SECTION 3. Section 22.5 of Ordinance No. 480, as amended, is hereby amended by revising paragraph (e), Maximum Lot Coverage, and by adding a new paragraph(1),Maximum Impervious Coverage, to read as follows: "e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding fifty(50%) percent of the total lot area. 1. Maximum Impervious Coverage: The maximum impervious coverage shall not exceed seventy-five (75%) 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 permitted: for each additional one percent (1%) of impervious coverage provided, an additional two feet (2') of width of the required bufferyard(s) adjacent to any street(s) and an additional 1 foot of width to the required side and rear bufferyards shall be 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 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." SECTION 4. Sections 24.5 and 25.5 of Ordinance No. 480, as amended, are hereby amended by revising paragraphs (e), respectively to read as follows: "e. Maximum Lot Coverage: All buildings or structures shall_have a maximum lot L:ICITYDOCS\ORDIDRAFPZONING1480BB-3.CLN SA4,0 • coverage not exceeding fifty(50%) percent of the total lot area." SECTION 5. Section 28.5 of Ordinance No. 480, as amended, is hereby amended by adding the following paragraphs, (e) and (f), establishing maximum lot coverage and maximum impervious coverage requirements to read as follows: "e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding fifty(50%) percent of the total lot area. f. Maximum Impervious Coverage: The maximum impervious coverage shall not exceed seventy (70%) 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 permitted: for each additional one percent (1%) of impervious coverage provided, an additional two feet(2') of width of the required bufferyard(s) adjacent to any street(s) and an additional 1 foot of width to the required side and rear bufferyards shall be 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 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." SECTION 6. Sections 8.5, 18.5, and 20.5 of Ordinance No. 480, as amended, are hereby amended by adding new paragraphs(f), (i) and (1), respectively, establishing maximum impervious coverage requirements to read as follows: "Maximum Impervious Coverage: The maximum impervious coverage shall not exceed sixty-five(65%)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 permitted: for each additional one percent (1%) of impervious coverage provided, an additional two feet(2')of width of the required bufferyard(s) adjacent to any street(s) and an additional 1 foot of width to the required side and rear bufferyards shall be 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 groves of trees,by enhancing natural drainage area, etc. Any alternative means shall L:\CITYDOCS\ORD\DRAFIV.ONINGl480BB-3.CLN IL - 1 8 � • 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." SECTION 7. Sections 21.5, 24.5, and 25.5 of Ordinance No. 480, as amended, are hereby amended by adding new paragraphs (1), (p), and (i), respectively, establishing maximum impervious coverage requirements to read as follows: "Maximum Impervious Coverage: The maximum impervious coverage shall not exceed seventy(70%)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 permitted: for each additional one percent (1%) of impervious coverage provided, an additional two feet(2')of width of the required bufferyard(s) adjacent to any street(s) and an additional 1 foot of width to the required side and rear bufferyards shall be 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 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." SECTION 8. Section 23.5 of Ordinance No. 480, as amended, is hereby amended by adding a new paragraph (o), establishing maximum impervious coverage requirements to read as follows: "Maximum Impervious Coverage: The maximum impervious coverage shall not exceed seventy-five percent (75%) 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 permitted: for each additional one percent (1%) of impervious coverage provided, an additional two feet (2') of width of the required bufferyard(s) adjacent to any street(s) and an additional 1 foot of width to the required side and rear bufferyards shall be 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 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." • L:\CITYDOCSIORD\DRAFI'7ANING 486BB-3.CLN SA-8 • SECTION 9. Sections 26.5(1)and 27.5(1) of Ordinance No. 480, as amended, are hereby amended by adding new paragraphs(1)and(1), respectively, establishing maximum impervious coverage requirements to read as follows: "Maximum Impervious Coverage: The maximum impervious coverage 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." SECTION 10. Section 45.9(f)(9), "IMPERVIOUS COVERAGE" (for personal care facilities) of Ordinance No. 480, as amended, is hereby amended to read as follows: "Maximum Impervious Coverage: The maximum impervious coverage shall be in IDaccordance with the underlying zoning district requirements." SECTION 11. "APPENDIX A, Schedule of District Regulations" of Ordinance No. 480, as amended, is hereby amended by revising Maximum Lot Coverage and by adding Maximum Impervious Coverage as amended herein. SECTION 12. 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 13. 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:1CrrPDOCSIORD\DRAFPZONING\48OBB-3.CLN ^ PP - paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or 0 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 14. 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 15. 0 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning yard 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 16. 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. s L:\CITYDOCS\ORD\DRAFIVANIN0\480BB-3.CLN -�xI l • SECTION 17. 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 final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 18. 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 L:\CITYDOCS\ORD\DRAFI\7ANINGW80BB-3.CLN 410 ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY • • LACI YDOCSWRDIDRAMONING\480B&3.CLN v -/ City of Southlake,Texas !IPI MEMORANDUM October 2, 1998 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Ordinance No. 722, 1st 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 $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. r gi#3 l • Curtis E. Hawk Ordinance No. 722, 1st Reading, Tax Notes Series 1998 October 2, 1998 Page 2 Approval of Ordinance No. 722 will set in motion the legal requirements to obtain funds for Crime Control District sites. Please place this item on the October 6 agenda for Council consideration. LAH • • 8�-a SENT BY: 10- 2-98 ;10:16i M ; - 817 488 6796;# 2/ 7 CITY OF SOUI'HLAKE, TEXAS ISSUANCE OF TAX NOTES, SERIES 1998 • FIRST SOUTHWEST COMPANY I 1l1-.. .r._:i _ , w • V3-3 SENT BY: 10- 2-98 ;10:16AM ; - 617 48o ti7 i A 3/ 7 City of Southlake, Texas Issuance of Tax Notes, Series 1998 Table of Contents P Proposed Schedule of Events 3 Debt Issuance Summary 4 Detailed Transaction Financials 5 O 1111/ SENT BY: 10- 2-98 ;10:17AM ; - tit r titi ti tUt;; 4/ 7 • City of Southlake, Texas Issuance of Tax Notes, Series 1998 Proposed Schedule o(Events &P-9S Oct-98 Nov-98 r•� 1)cc-98 SMTWTFS SMTWTFS S MTWT FS SMTWTF s 1 2 3 46 1 2 34 1 2 3 4 5 8 7 1 2 3I-4-6 6 '1 8 9 '10 11 12 4 5 7 8 9 10 8 9 10 11 12 13 14 8 7 8 9 10 11 12 .13 14 15 16 17 15 19 11 12 13 14 15 15 17 15 18 Re 18 18 20 21 13 14 15 18 17 18 19 20-2i 22 23 34 23 28 1811Sal 21 22 23 24 22 23 24 25 26 27 28 '20 2t-22 23 24'25 28 27 28 29 30 28 28 27 28 29 34.31 29 34 - 27 28 28 30 311 Complete • By Day Event 6-Oct-98 Tuesday 1st Reading of Ordinance Authorizing the Issuance of the Tax Notes Series 1998 20-Oct-98 Tuesday Pricing and Sale of Debt Issue City Approves Ordinance Authorizing the Issuance of the Tax Notes,Series 1998 22-Oct-98 Thursday Attorney General Approves Tax Notes,Series 1988 Sale 10-Nov-9$ Tuesday 17-Nov-98 Tuesday Closing of Tax Notes,Series 1998-City Receives Funds t13Bold areas Indicate Formal City Connell Staff Action. papered By: 40 First Southwest Cuutpaoy Page 3 9/18/98 , SENT BY: 10- 2-98 ;10:17AM ; -, S17 4453 b7ib;; of I • City of Southlake, Texas Tax Notes, Series 1998 Strategic Goals 1) Fund a portion of the City's 1998I99 Capital Improvement Program,as follows: i Public Safety CEP-SCPZ Sales Tax Supported $4,200,000 Assumptions 1) Credit Rating A) "Al" Underlying Credit Rating 2) Debt Structure A) New Money-Level principal and interest amortization over 5 years Financial Summary Tax Note,Series 1998 • Public Safety SCPZ Sales Tax Supported Sources of'Funda Par Amount of Issue $4,275,000 Accrued Interest�Orem 18/15/98 to 11/24/98). 16,068 Total Sources S4,291,068- E.921.11LEIVIdS Deposit to Project Fund $4,2200,000 Deposit to US Fond(Accrued Interest) t6,068 Costs of Issuance 30,000 Underwriter's Disenant(1%or$10.08 per bond) 42,750 Amid Ftcusitdinr 2,250 Total Uses of Fern* S4,291,068 Total Estimated Debt Service S4,903,653 Average Annual Debt Service for 5 Years $980,731 Average Life(Years) 3.443 Years True Interest Cost 4.59% s.mimmer SPrepared By: First Southwest Company Page 4 9/18/98 , SENT BY: 10- 2-98 ;10:17AM ; 817 488 67U8:4 b/ 7 • City of Sonthlake,Texas Tax Notes,Series 199E Scenario I SOURCES&USES Dated 10/15f199S Delivered 11/17/1998 SOURCES OF FUNDS Pa Amount of Bonds .- S4,275,000.00 Acc oed]nte/est from 10/15/1998 to t 1/17/1998...._ 16.068.22 TOTAL SOURCES 54.291.068.22 USES OF FUNDS Deposit to Project Construction Fund _ 4,200,000.00 Total Underwriter's Di coum p.000% ....._ _ 42,750.00 Costs of Issuance. — __... 30,000.00 Deposit to Debt Service Fund 16,06812 Rounding Amount. _ 2,250.00 TOTAL USES S4,291,068.22 • First Smuherst Cry K11998?1 AXNOTh\S l-Sample Issue-SINGLE PURPOSE Finance 9/1E/1998 L-SOPM • • Page 5 SEr T BY: 10- 2-98 ;10:17AM ; 817 488 6796;# 7/ 7 • City of Southlake,Texas Tar Notes,Series 1998 Scenario 1 DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P+I FISCAL TOTAL II/17/1998 - - - •- - 8/15/1999 - - 150,639.58 150,639.58 - 9/30/1999 - - - 150,63938 1/15/2000 740,000.00 4.050% 90,3E3.75 130,333.75 8115/2000 - - 75,3911.75 75,398.75 9/30/2000 - - - - 905,712.50 2/15/2001 130,000.t:0 4_150% 75,398.75 905,398.75 - 8/15/2001 - - 58.176.25 58,176.25 - 9/30001 - - - - 963,575.00 2/15/2002 865,000.00 4.250% 58,17625 923,176.25 - 8/15/2007, - - 39,795.00 39,795.00 - 9/30/2002 - - - - 962,97125 2/15£1303 90Q O00.00 4.300% 39,795.00 939,795.00 - 8/15/2 03 - - 20,445.00 20,445.00 - 9/307 0. 03 - - - 960,240,00 2/15/2004 940.000.00 4350% 20,445.00 960,445.00 - 9/30/2004 - - - 960,445.00 0 Total 4,275,000.00 - 628,65333 4,903,653.33 - YIELD STATISTICS Accrued Interest from 10/15/1998 to 11/17/199$_............W _ 16,068,22. Bond Yew Dollar.. m _.-.._ 114,720.00 Average Litc .. 3.443 Years Average Coupon. _ W... 42707427% Net Interest Cost(N1C) ... 4,5611639% True Interest Cost,(FTC) 4.5E89101% Bond Yield for Arbitrage Purposes _ .. 4.2606998% All Inclusive Cost(A1C).---•-•----....__...... ................................ ..... ............r 4.8219557% IRS FORM 8038 Net Interest Cost. _ W..-_.. 42718627% Weighted Average Maturity_._ _ _ _.- . 3354 Yeas First Southwest Company -C:1MUMS[Bi1DATA1SOUTHLAKQ19981TAXNOTI?S1-Samptc Wm-SINGLE PURPOSE. Public Pinnace 9/18/1998 1:50 PM IDPate I?6-8 0 ORDINANCE NO. 79-. 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. - 1 WHEREAS, pursuant to Chapter 137, Acts of the 73rd Legislature, Regular Session, 1993 (Article 717w, Vemon'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 S4,275,000, 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 85,000'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: S 716826 gad-5 0 Year of Principal Interest Stated Maturity Amount Rates) 2000 S740,000 % 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 Sto 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 110 7:6,326 -2- 1S7/8/ • 0 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 S 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 • i:6826 -3- • 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 Agent/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 ail 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 the redemption of such Note; provided, however, such limitation on transferability Sshall 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 the City, the Paying Agent/Registrar and DTC(the"Depository Agreement")relating to the Notes. Pursuant to 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 all purposes, including payment and notices, shall be Cede & Co., as nominee of DTC, notwithstanding 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 163^-6 -4- g,3-/a 0 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 bearing 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 Sduly 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 S 7163'25 -5- 0613 0 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, IIITAX NOTE, SERIES 1998 Note Date: Interest Rate: Stated Maturity: CUSIP NO: October 15, 1998 Registered Owner: Principal Amount: DOLLARS The City of Southiake(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 S 716826 -6- . registration 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 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. This Note is one of the series specified in its title issued in the aggregate principal amount of $4,275,000 (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 S 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 • 716826 -7- 0 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. Council of the Cityhas caused this Note to be duly WITNESS WHEREOF, the City executed under the official seal of the City as of the Note Date. CITY OF SOUTHLAKE, TEXAS COUNTERSIGNED: Mayor City Secretary (S E4 L) • 716826 -8- g/6-/6 • C. *Form of Registration Certificate of Comptroller of Public Accounts to appear 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) SD. Form of Certificate of Paying Agent/Registrar to appear on Definitive Notes only. 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 716826 -9- 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 attorney 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 • 716826 -10- 0 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 S 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 S 716826 -1 1- 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 • 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, or 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 • -12- 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 • the 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 716825 -13- 110 "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 Section 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. 7• 16826 -14- 89,6-aa S (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. • 716826 -1 J- (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 all 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• 16826 -16- 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. (j) 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. SECTION 16: Official Statement. The Official Statement prepared in the initial offering 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 III 716a26 -1i- • 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 S 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 716826 -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 all 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. SSECTION 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. • 7:3_o -19- S "SID" means 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 S Section may be set forth in full in one or more documents or may be included by specific 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 rights 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. S .. . 716826 -20- 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 716826 -21- 84-a ? S 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. 41) CITY OF SOUTHLAKE, TEXAS Mayor ATTEST: City Secretary APPROVED AS TO LEGALITY: City Attorney (City Seal) • II 716826 -99- 8,Q-3o EXHIBIT A 0 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 • Issuer and has full powerand 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. Ill . 37?3_.. s',16-3/ IIISection 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 Annex A 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 S 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 73 33:.. -2- EXHIBIT 4 cF4-3a • 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's 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 collected funds 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 411 . -3- EXHIBlT A S7A-33 II As Paying Agent, the Bank shall, provided adequate collected funds have been provided 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 S 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 AgentiRegistrar. o -4- EXHIBIT A g8-Li( • S 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 serves 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 Bank's 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 S 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 Ak- IP -:oa,:.: -5- EXHIBIT A gx333 • . . • S 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. 4111 _.„:„,., _6- EXHIBIT A S 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 Account/Collateralization. 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. SSubject to the applicable unclaimed property laws of the State of Texas, any money 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. lnterpleader. 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 lnterpleader in any court of competent jurisdiction to determine the rights of any Person claiming any interest herein. 0 -7- EXHIBIT A 8,-3 7 • Section 5.08. DT Services. It is hereby represented and warranted that, in the event the Notes are otherwise qualified and accepted for "Depository Trust Company" services or fr) 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 writing 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 Headings. The Article and Section headings herein are for convenience only and shall not affect the construction hereof. 4110 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 0 -30331.: _ -8- EXHIBIT A g2, -36 • S 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 relating to the Notes, to the successor Paying Agent/Registrar designated and appointed 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`h 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 ID • 3J331.. -9 EXHIBIT A S7/3-32 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 provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings 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. • 716826 City of Southlake,Texas MEMORANDUM October 2, 1998 TO: Curtis E. Hawk, City Manager FROM: Shelli Siemer, Assistant to the City Manager SUBJECT: Resolution No. 98-68, Creating a Joint Drug and Alcohol Awareness Committee and appointing City Council representatives. The Joint Drug and Alcohol Awareness Committee, formed in September, 1997, was given one year to develop recommendations for the City Council and CISD Board of Trustees. One of the Committee's recommendations was to create a new Joint Drug and Alcohol Awareness Committee. The ongoing work of a committee will ensure the recommendations are implemented and continue to research the problems of drug and alcohol abuse among the youth. This resolution creates a Joint Drug and Alcohol Awareness Committee and allows for the appointment of the City Council representatives. The committee determined that the best potential for developing new and effective initiatives to combat this growing problem is to include all aspects of the community in this effort. Therefore, the new Joint Drug and Alcohol Awareness Committee includes eleven voting members, and formally creates sub-committees to ensure full representation from the community. Please place Resolution No. 98-68 on the October 6, 1998 City Council agenda. SS Attachements: Resolution No. 98-68 RESOLUTION NO. 98-68 ® A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, CREATING A JOINT DRUG AND ALCOHOL AWARENESS COMMITTEE WITH THE CARROLL INDEPENDENT SCHOOL DISTRICT BOARD OF TRUSTEES; APPOINTING CITY COUNCIL REPRESENTATIVES; ESTABLISHING QUALIFICATIONS; PROVIDING FOR DUTIES AND RESPONSIBILITIES OF THE COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake, Texas, deems it advisable and necessary to establish a Joint Drug and Alcohol Awareness Committee, to assist in the recommendation and implementation of programs, initiatives and action plans which will serve to focus on the goal of reducing drug and alcohol abuse by the youth of Southlake; and, • WHEREAS, the citizens of Southlake are confronted with the societal issue of drug and alcohol abuse among the youth of our community and desire to undertake a mutual effort to address this situation; and ® WHEREAS, the City Council, C.I.S.D. Board of Trustees, and the initial Joint Drug & Alcohol Awareness Committee have identified that problems of drug and alcohol abuse exist in Southlake as in other communities, and that there is a need for better and more effective drug and alcohol abuse prevention; and WHEREAS, the best potential for developing new and effective initiatives to combat this growing problem is to partner youth, parents, the schools and city officials, and other civic leaders working together; and WHEREAS, the entire community of Southlake will benefit from these initiatives; now: THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1: Creation of Joint Drug and Alcohol Awareness Committee. A committee shall be formed of members of the City, CISD and the community to recommend initiatives and/or programs and to the City of Southlake and the CISD which will serve to reduce drug and alcohol abuse, and participate in the implementation of such programs. The committee shall be composed of the following members who will participate as voting members: (a) Two members of the City Council, appointed by the City Council; • (b) Two members of the School Board, appointed by t he School Board; (c) Two members of the community at large, appointed by the City Council; (d) Two members of the community at large, appointed by the C.I.S.D. Board of Trustees; (e) One member of the Mayor's Advisory Committee, appointed by the Committee; (f) Two members from the Southlake Chamber of Commerce, appointed by the Chamber. The Joint Drug and Alcohol Awareness Committee shall also consist of sub-committees to ensure full representation from the community. Each sub-committee will have voting member representation from the Committee to ensure the direction of each sub- committee is fully represented to the voting members. Members appointed to the sub- committees should include, but not be limited to the following individuals: S (a) Three (3) members appointed by the C.I.S.D. Board of Trustees from each of the following schools: Carroll High School, Carroll Middle School, Carroll Intermediate School, and Durham Intermediate School to be drawn from the administration, coaching staff, teachers, nursing staff and counselors; (b) PTSO representation from the four schools mentioned above, appointed by the C.I.S.D. Board of Trustees; (c) DARE Officers, appointed by the City Council; (d) School Resource Officers, appointed by the City Council; (e) A minimum of twelve (12) youth representatives ranging from students 7th to 12th grades who are residents of the City of Southlake and/or attend the Carroll schools, with six (6) appointed by the City Council, and six (6) appointed by the C.I.S.D. Board of Trustees. Members from the Southlake Youth Action Commission, the Youth Park Board, and various school related organizations should be invited to participate; (f) Heath care professionals including doctors and/or nurses • specializing in the field of addition (ie: addictionologist, psychiatrist, etc.), appointed by the City Council; (g) Representatives from social services agencies, churches, and other community groups and organizations, appointed by the City Council. Section 2: The City Council hereby appoints the following City Council members to the Joint Drug and Alcohol Awareness Committee: 1. Councilmember 2. Councilmember Section 3: Qualifications and Terms: The Committee members shall be either a resident of the City of Southlake, or reside within the C.I.S.D. boundaries, and who shall be appointed by the City Council and C.I.S.D. Board of Trustees for two (2) year terms, provided six (6) members shall be appointed each odd-numbered year and five (5) members be appointed each even-numbered year. Members shall serve until their successors are appointed. Places on the Committee shall be numbered one (1) through 41111 eleven (11). The City Council and C.I.S.D. Board of Trustees shall appoint sub-committee members to participate in the effort of the Joint Drug and Alcohol Awareness Committee. Such sub-committee members shall serve for a one year term from the date of appointment; such sub-committee members shall not be voting members of the Committee. Section 4: Ex-officio members: The City Council may appoint persons to serve as ex- officio members of the committee. Such members shall serve for a one year term from the date of appointment and shall not be entitled to vote. Individuals appointed as ex- officio members may include the following: (a), One Licensed Chemical Dependency Counselor (LCDC); (b) One professional from the Juvenile Justice System; (c) One professional from the Drug Prevention Program; (d) One member of the Federal Drug Enforcement Agency. Section 5: Committee Meetings and By-Laws. The Committee will consist of two co- chairpersons including one City Council member and one C.I.S.D. Board of Trustees member. The committee shall also select from the members a secretary. Each officer shall serve for one-year terms or until their successors are elected. The Committee 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 on a specified day of each month. (b) Manner of holding and calling of special meetings. (c) A quorum will be comprised of the majority of all voting members present at the meeting. This majority will be such a number as is competent to transact the business of the committee with a minimum of four voting members present. (d) Members not planning to attend a regular meeting .or special meeting shall notify one of the co-chairpersons of the committee 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 Committee shall be reported to the City Council and C.I.S.D. Board of Trustees, which may, at their discretion, remove the Committee member and appoint a replacement. (f) Minutes of each Committee meeting shall be filed with the City Secretary. Section 6: Committee Duties and Responsibilities. The duties and responsibilities of the Joint Drug and Alcohol Awareness Committee shall be to: (a) Participate in the development, implementation and recommendation of programs, initiatives, and/or action plans which will serve to focus on the goal of reducing drug and alcohol abuse by the youth of Southlake, (b) Involve the community in the effort to reduce youth drug and alcohol use, (c) Research and apply for grant funds to support the Committee's efforts. qp .5 Section 7: Approval of the City Council and/or C.I.S.D. Board of Trustees, or their • respective designees upon proper authorization, is required prior to the implementation of Committee recommendations for action. Section 8: This resolution shall become effective after its passage and adoption by the City Council. EXECUTED this day of , 1998. CITY OF SOUTHLAKE By: Mayor ATTEST: 1111 City Secretary r . City of Southlake,Texas MEMORANDUM October 1, 1998 TO: Curtis E. Hawk, City Manager FROM: Shana K. Yelverton, Assistant City Manager SUBJECT: Ordinance No. 537, Smoking Regulations 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 (which is also attached in its entirety), as well as those of other cities. On Friday, September 18, Councilmember Edmondson and I met with Building Official Paul illWard, 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 ftworth changing at this time. This can always be regulated by the property owner. IHsi - i Curtis E. Hawk Ordinance No. 537, 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 are reviewing systems and discussing this issue with their counterparts in those cities to determine the most practical means of addressing this issue. Their preliminary recommendations are attached for Council's discussion. ► 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 110 discussion. This is an issue which will require discussion during Executive Session. ► 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. Council discussion of these items, as well as any issues identified in the attached matrix, will provide staff the direction needed to modify the ordinance. Ordinance changes can be made fairly quickly once we determine our direction. Please place discussion of Ordinance No. 537 on the agenda for the October 6 City Council meeting. I will be happy to answer any questions you may have. - 41.1 i ,...-,-, III SMOKING ORDINANCES CITY PUBLIC EA,'ING CITY WORK SIGNACE ENFORCE PENALTY DESIGNATED VENT E. ,, .` PLACES FACILITY PLACE AREA Southlake, Retail,elevator, >50 provide Enclosed Accommodate Posted @ N/A Misdemeanor N/A System to N/h TX grocery,drug, separate areas, indoor interests of entrances, no more than minimize fmancial 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 unless specifically complaints permitted in designated 0 designated area only" \ Arlington, Includes: schools, Includes:bars, N/A Designate all "No smoking- N/A Misdemeanor Owner may ventilation Tol N TX elevators, night clubs,adult common areas- City Ord. b/w$25-$200 designate space system shall 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 r Updated-September 30, 1998 "- - - __. IIII cITV' '.".. PUBLIC EATING CITY WORK SIGNAGE ENFORCE PENALTY DESIGNATED VENT E. PLACES 1 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, tot 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 area available" Colleyville, 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 fur 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 411 III . • • • CITY „.PUBLIC EATING CITY WORK SIGNAGE ENFORCE PENALTY DESIGNATED VENT' E. . PLACES Y 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 w/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 health facilities, separate indoor/ managed, placed in entire be situated to es1 retail',enclosed dining area for operated or conspicuous establishment, keep smoke <1 theaters, non-smokers,be owned by the location, cashier lines, from being pu — museums, ventilated,have city including theaters,lobbies drawn into tol libraries,transport receptacles,clearly entrances,w/ or mtg.rooms non-smoking ba k designated signs universal area and a min. of 4' symbol and floor space. "No Smoking Establishment w/ City of >190 patrons must Hurst" post exterior signs . stating"No non- smoking area available" • • • Updated September-30, 1998 — -. - III CITY „ ` PUBLIC EA'; ,ING CITY WORK SIGNAGE ENFORCE PENALTY DESIGNATED VENT F;. PLACES v+ 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 $1,000 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 Includes:elevator, Must provide Includes Display Conspicuous Police dept. Not to be May not be Must be Ni 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$200 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 -- be separated by a stating"No cashiers, area • min.4' floor space; smoking theaters,or over t must have NRH the counter sales receptacles,post Ordinance" o signs and be ventilated Updated September 30, 1998 . . , • . • 4111 • . • • . • C'1'fY PUBLIC EATING CITY WORK SIGNAGE ENFORCE PENALTY DESIGNATED VENT EX PLACES I. FACILITY PLACE SMOKE Austin,TX Enclosed indoor If in compliance Buildings/ Owner may Posted on N/A N/A See workplace HVAC or Tobl areas including with the ordinance, facilities designate space premises separate air resit service lines, allowed between managed by (not restrm or filtering _- hote dining areas, 2pm&6am,unless City with general wkrm) • equipment end 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 Priv 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- chih entrance,laundry, operated by of owner; equipped with an electric ' facil elevator, City where must be air purifier pwrd hote restrooms, etc. public conspicuous system or hospital toba t business is separate vent.; grade,hepa priv; required physical/air media filter ever barriers b/w non/ will clean air smoke every 15 mins Updated September 30, 1998 , IP CITY PUBLIC E. ;flNG CITY WORK SIGNAGE ENFORCE PENALTY DESIGNATED VENT EN • .� 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.mis,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 ltrs at parks,CM $200 separate facility cooling lice — free—festivals, bldgs& smoke free will arbitrate indoors but • moi 15. parades,stadiums, vehicles interpreting must be clul schools,health ordinance ventilated and .31:}+ care,transport, not require non- ' etc. smokers to walk through; outdoor must be away from entrances Updated September 30, 1998 iv• . . c1TY PUBLIC Ea tI G CITY WORK SIGNAGE ENFORCE PENALTY DESIGNATED VENT EX I r PLACES *.i FACILITY PLACE SMOKE Belmont,CA Includes: Includes: indoor N/A Private,public, Post in work CM $100-1st• New bars will Prevent Bars restroom, and outdoor dining non-profit; place; 1"-ltr; responsible $200-2na; be non-smoking circulation of story • transport.,sport areas lounges, international for $500 after smoke from hote hallways,work arenas,medical areas,health/ symbol; enforcement bar into other coral facilities/offices, Child care in posted at areas-req'd priv service lines,etc. homes entrances; prior to 9/9/93 and "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 Livt hotel/motel, smoking area dwellings, ente hallways, <50%of floor county,state, (gar elevators, 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 EAJING CITY WORK SIGNAGE ENFORCE PENALTY DESIGNATED VENT EX PLACES 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&30%food public places non-smoking after institution, school, court area within City employees w/in theater,auditor., existing facility stadium,health facility,etc. • • C Updated September 30, 1998 ORDINANCE NO. > 7, AN ORDINANCE 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 tobacco 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: 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. too‘-‘ \ v . 1.3 "Enclosed" - means closed in by a roof and walls with appropriate openings for 0 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 "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 officers or work areas of workplaces not entered by the public in the normal course of business. A private residence is , not a public place. 1.8 "Smoking" - means the possession of, or emitting or exhaling the smoke of, burning tobacco, weed, or other plant product. Ill1.9 "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 2.1 The owner, operator, manager, employer, or other person having control of any area where smoking is prohibited shall Pest notice, as provided herein, in sufficient numbers and at such conspicuous locations, including entrances thereto, so as to be readily 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 ordinance shall require the owner, operator, manager, employer, or other persons in 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 • slake\smoking.ord(101592) Page 2 v . and conditions of this ordinance. The posting of signs or the equipping of any area with 0 facilities for the extinguishment of smoking materials shall not be construed to be 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 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 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. I 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; III (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; (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; (e) all areas which have been properly designated by the owner, 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; -, slakc\smoking.ord(101592) Pagc 3 i (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-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) designated nonsmoking areas of food products establishments as set forth in Section 4 of this Ordinance; (j) designated nonsmoking areas of workplaces as set forth in Section 5 of this Ordinance; 3.3 The owner or person in control ot an establishment or area described in section 3.2(c), 3.2(d), 3.2(f) and 3.2(g) may designate an 'area with the establishment as a smoking area provided that: (a) the area may not include the entire establishment; (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 areas. 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) and 3.2(h) 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), or 3.2(h), 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; (d) not posted as a nonsmoking area as required by sections 2.1 and 2.2 of this ordinance. slake\smoking.ord(101592) Page 4 pr • 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 patrons shall provide separate outdoor dining areas for nonsmoking patrons. A nonsmoking area must: (a) be separated, where feasible, from smoking areas by a minimum of four feet (4') of contiguous floor space; (b) utilize existing physical barriers and ventilation systems to the greatest extent possible to minimize the smoke in adjacent nonsmoking areas, and be situated where feasible so that air from the smoking area is not drawn into or across the nonsmoking area. (c) be clearly designated by appropriate signs visible to patrons within the dining area indicating that the area is designated nonsmoking; (d) have ash trays or other suitable containers for extinguishing smoking materials at the perimeter of the nonsmoking area. S 4.2 A food products establishment may designate any portion of an indoor or outdoor dining area with seating arrangement for less than fifty (50) patrons as a nonsmoking area. If the owner or person in control of such a food products establishment does not designate ' a nonsmoking area, signs stating "This establishment does not provide a[n indoor or outdoor] nonsmoking area" shall be posted at all exterior entrances to such establishment. Such signs shall be clearly legible and shall be posted conspicuously so as to be readily observable by a reasonably observant person. 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 patrons shall: (a) have and implement a written policy which conforms to this ordinance and is kept on file on the premises; (b) make the policy available for inspection by employees and municipal enforcement personnel; • slake\smoking.ord(101592) Page 5 4.5 Nondining 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 prosecution under this section that the food products establishment is: (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 to operate a food products establishment without complying with this Ordinance. SECTION 5 Smoking in the Workplace 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: (a) conforms to this Ordinance and Section; • (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; (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; slakc\smoking.ord(101592) Page 6 t PH L v . . 5.3 Nothing in this Section shall prohibit an employer from designating an entire I) 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 Ordinance. SECTION 6 Enforcement Any person who violates this ordinance shall be guilty of a Health and Sanitation misdemeanor violation and subject to a fined 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 8 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 9 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 I 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 • slake\smoking.ord(101592) Page 7 v . City Council without the incorporation in this ordinance of any such unconstitutional . phrase, clause, sentence, paragraph or section. SECTION 10 All rights and remedies of the City of Southlake are expressly saved as to any and . all violations of the provisions of any 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 11 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 providesimpositionany penalty,for the of 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. iislake\smoking.ord(101592) Page 8 11 � -/`' pr . . SECTION 12 ,410 This ordinance shall be in full force and effect from January 1, 1993, after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS ‘ DAY OF &CiitiL.0) , 1992. ; � .'., e'= YOR J,. . t\ cn= A T: --•:. ..'"........•••-.. ••'• /ill ,,,,,,,,, %%%%% ITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF C t 2L , 1992. ,., ,..7..,_ ,) III .... ...ks._ _= ▪ F ',k ., � YOR � sV %' -ATTEST: , ,,,, ▪ * ' ehidLh&,,,„_,,, ,, ,, ,,,, ''011,1111n%%%%%%`+` CITY S CR TARP APPROVED AS TO FORM AND LEGALITY: r)1c CCizr‘—__ City Attorney Date: I [ - 1 - c1 2 ADOPTED: /O-,C-9.L) EFFECTIVE: / 1 -,.2q.-5-9 Z iislakc\smoking.ord(101592) Page 9 l [ 'A .d_°I pry City of Southlake,Texas . 0 MEMORANDUM October 1, 1998 TO: Shana Yelverton, Assistant City Manager FROM: Paul Ward, Chief Building Official SUBJECT: Smoking Ordinance As you requested, I have reviewed the ventilation system requirements of the smoking ordinance with Chuck Bloomberg, Plans Examiner and Larry Kelly, Building Inspector. Both Chuck and Larry have years Of experience related to smoking ordinance requirements.in other cities and have contributed valuable information to this review. The attached recommendations require smoke ventilation systems be designed by a professional engineer for designated smoking areas in new eating establishments. These smoking areas will be required to be separated from the nonsmoking areas by a physical barrier. All systems will be tested by the City to verify the system meets these standards and a fee will be 410 assessed to cover costs and labor. An alternate system not complying with these requirements may be accepted for existing areas prior to the effective date of this ordinance. At this time there are three eating establishments in the City with designated smoking areas. After you have had an opportunity to review this recommendation please call me to discuss any revision or questions you/� may have. . n PW/jb ? 1314-SL- cc: Billy Campbell, Director of Public Safety Attachment: Smoking Ordinance recommendation Area Restaurant Survey 0 d:\wp-files\paulward\codeord\smoking.sy Fry F. 1. A ventilation system 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 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. Designated smoking areas must be separated from nonsmoking areas by physical means, such as partitions, glazing and doors. • Designated smoking areas must be provided a separate heating and cooling system from those serving nonsmoking areas. 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. Failure to meet these standards will result in the denial of the opportunity to operate a smoking area. Smoking areas failing the prescribed test shall be deemed • to be nonsmoking until successfully tested. 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 objectives of the ordinance. A fee will be assessed for tests that fail to meet their standards. The fee amount will be established by City Council Resolution. 2. Determination of the sufficiency of a ventilation system shall be made by the Building Official. The location of the designated smoking areas shall be subject to the approval of the Building Official. d:\wd-files\paulward\code.ord\smoking 1 � � � ( r- . ... ._ .. , . _. . , .. . . . . _ . . . _ . , ., ........„_..... _ _ ,...., ., ,.,... . _ .., ...,... .J ._ . .. ,. , ..._ . . . _ ..._. . _ ... _ • . ..._______......... . ....___ . . , ... .._ _ .._.,____ _ . _ ... . ,_ . . . . • • . , ..., ....... ,.....,..,.. ... ,. - • RESTAURANT SURVEY - tit) DATE: September 30, 1998 Food service establishments with on premise dining tables provided surveyed to determine what provisions are made for smoking and non smoking patrons. Name&Address Seating Cap. Smoking Allowed? Sep.room? Sep.by aisles? _ Sep. mech.exhaust? 1. Armend's Italian Restaurant 64 . NO 100 W. Southlake Blvd. Ste. 160 • 2. Benny's Bagels#119 32 NO 2001 W. Southlake Blvd.Ste. 119 3. Blinipie Subs &Salads 36 NO 500 W. Southlake Blvd. Ste. 140 4. Boston Market#2287 72 NO • 125 Davis Blvd 5. Burger King 114 NO 2025 W. Southlake Blvd. a• 6. CiCi's Pizza 174 NO 2001 W. Southlake Blvd Ste. 103 7. Citgo Gas Station 12 NO 3280 W. Southlake Blvd. 8. Couches Grocery 12 YES NO NO NO 611 Davis Blvd. 4111. Donut Palace 8 NO 2225 W. Southlake Blvd. Ste. 451 10. Joe's Pizza Pasta&Subs 64 YES NO YES NO 1101 E Hwy 114, Ste. 103 11. Just Java 20 NO 631 E. Southlake Blvd. Ste. A 12. Kroger 32 NO 2110 Southlake Blvd. 13. Little Caesars Pizza 0 NO 2100 W NW Hwy. Ste. 120 14. Lucky Lady 24 YES NO YES NO .2220 W. Southlake Blvd.(inside Fina gas station) 15. Marble Slab Creamery 16 NO 2201 W. Southlake Blvd. Ste. 123 16. McDonald's 48 NO 200 N. Kimball Ave.(inside WAL MART) 17. McDonald's 116 NO 225 N. Kimball Ave. 18. McDonald's 112 NO 2155 W. Southlake Blvd. 19. Me-N-Ed's Pizza 60 NO 2120 E Southlake Blvd. Ste. D 20. Mr. Jim's Pizza 0 NO 2366 E. Hwy. 114 21. Papa John's Pizza 0 NO 2140 E. Southlake Blvd. Ste. W 2. Pizza Hut 0 NO 100 W. Southlake Blvd. Ste. 100 23. Schlotzsky's Deli 68 NO P.O. Box 92513 24. Smoothie King 0 NO 2140 E. Southlake Blvd. Ste. B Name&Address Seating Cap. Smoking Allowed? Sep. room? Sep.by aisles? Sep. mech. exhaust? 110.5. Southlake Dairy Queen 48 NO 2301 E Hwy 114 26. Subway 32 NO 100 W. Southlake Blvd. Ste. 148 27. Taco Bell 72 NO 2255 W. Southlake Blvd. 28. Texaco 32 NO 2210 W. Southlake Blvd. 29. The BS Bar B Q 0 NO 1647 Oak Lane North(trailer) 30. Wendy's Restaurant 116 NO 2130 E. Southlake Blvd 31. Wendy's Restaurant 92 NO 2325 W. Southlake Blvd. i - S _ 11F-23 City of Southlake,Texas STAFF REPORT July 17, 1998 CASE NO: ZA 98-066 PROJECT: Site Plan / Lots 1R and 2R. Block B, Southlake Bank Place STAFF CONTACT: Dennis Killough, Senior Current Planner, 481-5581, ext. 787 REQUESTED ACTION: Site Plan for Lots 1R and 2R, Block B, Southlake Bank Place on property legally described as Lots 1R and 2R, Block B, Southlake Bank Place, an addition to the City of Southlake, Tarrant County, Texas, and being approximately 3.986 acres. LOCATION: Southwest corner of the intersection of East Southlake Boulevard (F.M. 1709) and Bank Street. OWNER/APPLICANT: Floor, Inc. CURRENT ZONING: "I-1" Light Industrial District LAND USE CATEGORY: Retail Commercial NO. NOTICES SENT: Twelve (12) RESPONSES: One (1) response was received within the 200' notification area: • H.K. Marvin, 3105 West Arkansas Lane, Suite Bl, Arlington, Texas, in favor. "It would be good for all adjacent property owners and the city." (Received 7/13/98) P&Z ACTION: July 9, 1998; Approved(3-3)subject to Site Plan Review Summary No. 1, dated July 2, 1998, deleting Items #la (500' between intersection and driveway on F.M. 1709), #1b (500' between driveways on F.M. 1709), and #1c2 (75' stacking depth on Bank Street), and showing maximum amount of stacking depth possible for F.M. 1709 driveways for Item#1 c 1. Motion failed. STAFF COMMENTS: The applicant has met all requirements in Site Plan Review Summary No. 1, dated July 2, 1998, with the exception of those in Site Plan Review Summary No. 2, dated July 17, 1998. L:\COMDEV\WP-FILES\MEMO\98CASES\98-066SP.WPD r1 K- I I 1 / i neMiliii 1 D131 IV i- yY 1 1 / 1 ... 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BRADFORD .169se, O�.�EyCPs TR31 iti \ 054 ( EX o .015 SNISOF � 4R2R c 4R 1 R 1R\ • ' pL LA0 BLVD 0 ; 1' SQUTH 'Se m7C �-I 0'it : 1.835 AC ---te ® o 9n R. PACK z 1R1 1R2 O G. HOUDEK A 1 A A 0 3.352 0 R 4R2R2 1.558 AC Z Iv 134 "C-3" G. HOUDEK 2 aI_1 a 1p H.K. MARVIN 1.58 AC T Y%Cf D. STU RDIVANT 5 P rr 47 A 4R2R3 2 II 9.6527 —1 6 BUILDING ON FAITH, 22 3 LTD. CII 11 H.K. MARVIN 7 <4z 3 1 1.36 AC A .55 AC 1 (,. F 4 3 ADJACENT OWNERS AND ZONING 2 7H 3 4.26 AC .26 AC i t j�Ej 1 I , APEV F , r City of Southlake,Texas SITE PLAN REVIEW SUMMARY Case No.: ZA 98-066 Review No: Two Date of Review: 7/17/98 Project Name: Site Plan - Southlake Bank Place. Lot 1R1. Block B APPLICANT: ARCHITECT: Floors.Inc. $. C. I. 200 Bank Street 4700 S. Edgewood Terrace Southlake.Texas 76092 Fort Worth.Texas 76119 Phone: (817)421-8787 Phone : (817) 536-6050 Fax: (817)421-2541 Attn Randy Pack Fax : (817) 536-8750 Attn Cliff CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 7/14/98 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. There is no existing plan on this property as it was developed prior to the Corridor Overlay Ordinance. The applicant proposes constructing a new parking lot in the northeast corner of the site,triggering the processing and approval of a Site Plan. No new buildings or expansion of buildings is proposed with this plan. CThe following changes are needed regarding driveways ingressing and egressing the site according to the Driveway Ordinance No. 634: a. Provide the minimum 500' distance from intersection to driveway centerline for the driveways along F.M. 1709. This plan shows the eastern driveway at 221.55' from the Bank Street intersection and the western driveway at 371' from the Commerce Street intersection. b. Provide the minimum 500' driveway centerline spacing along F.M. 1709. This plan shows the two driveways are spaced 120' (centerline to centerline)apart. c. Provide the minimum 75' driveway throat depths for stacking on all of the driveways. This plan shows the following: 1. F.M. 1709 Driveways 35' on the northwest driveway 40' on the northeast driveway 2. Bank Street Driveways 7' stacking depth on the north driveway No stacking on the south drive d. Stacking areas must be separated from parking spaces and/or adjacent drive lanes by a raised curb or median(minimum 3'width BC to BC) . The applicant proposes striping along the east side of the west driveway and the west side of the east driveway intersecting F.M. 1709. 7 H f' City of Southlake,'t * No utility plan was required with this site plan. No new utility connections are proposed. Although not required by ordinance, staff would appreciate placing the City case number"ZA98- 066" in the lower right corner for ease of reference. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * It appears that this property lies within the 65 'LDN D/FW Regional Airport Overlay Zone which • will require that any new construction meet the standards of the Airport Compatible Land Use Zoning Ordinance No. 479. * The applicant should be aware that prior to issuance of a building permit the approved Amended Plat must be filed in the County Plat Records,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. * 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 and parking"requirements in the zoning ordinance and all fire lanes shall be per the Fire Department's requirements. * Denotes Informational Comment (imeti c: Randy Pack VIA FAX ABOVE B. C. I. VIA FAX ABOVE L:\CONIDEV\WP-FILES\REV98\98066SP2.WPD C 7N-s HL(,1)JUL 14 N: 4..,64: 1 h I ,m c ! NeillIi � _� ,1 1 jIit!!,ak.. lia =RI ....„----------------- - ,•------ \ ...-- ........— .,,,,No B 91.�'� ' 51 5p r r tf..1>‘•TX-rit:i ow 000 ‘ . IV-- :WML‘' \ 11- d .. ' r"fir r -- 't++�. art .` alr \iiip �`, ` � Ill 1g frogifirts1 : i :%nit -.1t...tr.'".--40111111' '411V01.11 ilitlitl.0 ' :‘‘IA \ 241/24 1\ 'IV_ - , ' 1_ ;'' . .0' .---..: .itqipl Ilit 1- ii,.. 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I I City of Southlake,Texas STAFF REPORT July 17, 1998 CASE NO: ZA 98-067 PROJECT: Resolution No. 98-53/Specific Use Permit/Sale of alcoholic beverages for on-premise consumption/Me- N-Ed's Pizza 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 at Me-N-Ed's Pizza on property legally described as being Lot 3, Block 1, Village Center, Phase I, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3049,Plat Records,Tarrant County,Texas,and being approximately 13.077 acres. LOCATION: 2120 E. Southlake Boulevard (F.M. 1709) on the northeast corner of the intersection of Village Center Drive and East Southlake Boulevard (F.M. 1709). OWNER: Midland Southlake Development Company, L.P. APPLICANT: . Pizza World Supreme, Inc. CURRENT ZONING: "C-3" General Commercial District LAND USE CATEGORY: Retail Commercial NO. NOTICES SENT: Nine (9) RESPONSES: None P&Z ACTION: July 9, 1998;Approved(6-0)with the understanding that the S.U.P. will no longer exist once Me-N-Ed's Pizza no longer exists within the premises. STAFF COMMENTS: Due to the limited scope of this request and the fact that no changes are to be made to the previously approved concept/site plan, no new review letter was generated. This site is subject to all conditions of the previously approved plans. Attached is a location map for the site. L:\COMDEV\WP-FILES\MEMO\98CASES\98-067SU.WPD 7��1 WOOL Ai" I 51 r - _-a" Or i_ 0 I- 9 o srmo..n 1r 1 it.W___ I 7---- 0:$1,011.'. -!1.,\ jjj III .1> 0 .- 1 \ a c D / arr Irma, ___,,00.-- . . I g (1:704Tom L --• lammiiii:z ____L__/ 14:61. - c ASS '07400, navy EAsT 1 L , NANIk6.4-; 41111 Klu i .1 , , .� ib ,, ;It.„. .: :. FM.17011 7 -. it. - ,. ' 411 NI GCCOI - • IP" . P•"' -1,31-ist:1:,, %MI itICtli-- ; .0 • P c 1 ' / A emu ,imp eit . ,, - ::ikleinlifie ' 40°41 ..„,, *' —%. ill I .. MD a L -I / ft ''II triKiii , ir- ._ . jiiiNa NI gm .4.41). r-PAltion gmok, ........„....., r,.....,...... .-ate. ...., , -- r . - _ AN inn •o �,,�m I1 i Sill TRACT MAP _ - A■■■ !lir i ills IIIIIn+2p �I • A A (104"" :-.. ...........--'s...................„...,................... ... A • ,,-1--7--"------______________z_____' 5 S3 i T&M SOUTHLAKE DEV. CO. is)? E• NORTHWEST-r s P p N • / Y T&M SOUTHLAKE DEV. CO. ?/3 tkl °? tiA 3.� . i 39/@- a ..C_3., i ( �. 2 k"- HOME DEPOT USA INC. v. ` „f-- • . argragallialli21- •4 . ti 32 @ . „C_3„ • e z\ yes _ J WALMART STORES PET STORES 3 •��. INC. `“e FUNDING CORP. 0 7�e . h • + „C_3N L 4.1 I I• ) 01•111=101 .........'"'"=......... ".". ' 1 2 Q TEXAS COMMERCE - °C-3' 3.078 -C-3' a 4 R T. �� j`' • BANK NATL ASSN. _ T8M T8�M F+ Aj� SUF� 2.151 SOUTHLAKE - SOUTHLAKE 74 C M 1 2/1 _i STATE OF TEXAS - STATE OF TEXAS "' TR 2D . / / .074 0 TR 2B1 „ DALLAS FOAM 0 CO m .164 ® ��AG INC. \ila 25R1 j.: �2.07 0 2 �2 2 II SOUTHLAKE LAND LTD.'pTR 1B2B O z AGm 7R 28 :,. 7 14.586 AC O �ADJACENT OWNERS .00125R2 AND ZONING1.001 0 1,, o . \ . C . . 41 1114 hil,1 11.1,1.; lifill all' ii us •••••••CD 1:32 il i \: .x.' *1 . C61 11 1 CC. E O �a I- I i I �. r' — J .`4 ,241! >•0 ii I li . -7,---...,. 7,-... . --- I . I _I__ I. 1141 AMINO OM TIMM AMID .. -- - ---.-.. _... Ili ------------ • r, 47744 M Li .g, I % 1 1 i �,�. ,,, IT ! ' ] 1 1 a $_yi Q_ aie— J ! I::: c ,4f I l / J1is tee-- fl i rzi , ',so ) ' 8 ;/ sit `. II - - 1if i yV I /d ! lI/ Ui 6�\\\ \� \R 1 2 411111 f l L �;.%. '. /° 3 r- — os �� s��•, it",% ° Vs/ i � \v . \ \\j' ---. � 00 / ‘ , f / \ •• (' ''/`r 18-\\-\11\-\�� 1 �\\\\\\\\V 4 JIIIIIIL I ' ' r 1 /'� '� \\\\\�.\\\\\� �' / _ p ' 01 /,iI I v. ; `�`w_Yid- �Q 3 gorily, ; 0 :I( i i n z ,,a• ! 1!-ri . t — i/i ij$ 'ill Ii _ 1 miiiiin i 1 ,c,,,,, , ___ _ ,, ,,, ,,, ,, I, i I' I i -..' = — /I /77?-kr-- -- -1 =-- 1 ' i-? —,1— —_ _ ___1,, .eV' _—1—_li = ! 3'— I C 1 1 2 1 �� ; , A. - I I ill II IIITIrrlm f, t W d- 1 • / . — F I ,I ; Li Ninnigr , a 11 7 Li 1 ; / R I p 1' 1 III { � �• A v' 1;—o I /I.i/ n. I 1}-- 1 1/, ,„ I, IIIIIIIIII u 1 ,1 = I x I ° .- --L 11TTTI<T Tl f lT•• t' , 1 ;I Q 111111111LL , , 7 I—(4 Resolution No.98-53 Page 1 RESOLUTION NO. 9$-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FORT AU ALCOHOLIC B VER GE ,FOR ON- pjtEtywqpx, Rysl ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS 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. WHEREAS, a Specific Use Permit for the sale of alcoholic abeverages fgr,,011- renuse consumption has been requested by a person or corporation having a proprietary interest in the property zoned as"C-3" General Commercial District; and, WHEREAS, in accordance with the requirements of Sections 45.1'(1)and 45.6 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 gene;al 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 the sal alcohols + `v r, consumption on the property being legally described as Loot 3 lock1,Village to " les 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. 3. 4. L:\COMDEV\WP-FILES\RES-ORD\98-25ALC.WPD Resolution No.98-53 ce Page 2 5. SECTION 2. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED THIS DAY OF , 1998. CITY OF SOUTHLAKE By: Rick Stacy, Mayor ATTEST: Sandra L. LeGrand City Secretary Ce APPROVED AS TO FORM: City Attorney City of Southlake, Texas C L:\COMDEV\WP-FILES\RES-ORD\98-25ALC.WPD Resolution No.98-53 Page 3 EXHIBIT "A" Lot 3, Block 1, Village Center,Phase I, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3049, Plat Records, Tarrant County, Texas, and being approximately 13.077 acres. The property is located at 2120 E. Southlake Boulevard(F.M. 1709)on the northeast corner of the intersection of Village Center Drive and East Southlake Boulevard(F.M. 1709). C C L:\COMDEV\WP-FILES\RES-ORD\98-25ALC.WPD • Resolution No.98-53 Le- Page 4 EXHIBIT "B" C4 A I.,. . '4.\ o CI. w •••• .....• .---. k I % . _. 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I) ' I. ---------1 cibilfTTI4JTI rif.. -.T. ,: i 1. - - f ! ,t!E . , ;1 1:! j I . up!!!!!iial.r-! . :; 1 , 1 -------" — _L_ 'T.- - I i.-- —" :1 — -—-P'`-'r!--•L____ __________ _______ _____. _,,_. _:_,, -4..-,. 7-1.-13 City of Southlake,Texas STAFF REPORT July 17, 1998 CASE NO: ZA 98-068 PROJECT: Ordinance 480-285/First Reading/Proposed Lot 2,Rougemont STAFF CONTACT: Karen P. Gandy, Zoning Administrator, 481-5581, ext.743 REQUESTED ACTION: Zoning Change on property legally described as a portion of Lot 1, Rougemont, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 1605, Plat Records, Tarrant County, Texas, and being approximately 2.842 acres. LOCATION: Approximately 350' south of the intersection of Brittany Court and North Peytonville Road and approximately 1,250' east of North Peytonville Road. OWNERS/APPLICANTS: Sharon and Yves Meyer CURRENT ZONING: "RE" Residential Estate District REQUESTED ZONING: "SF-1A" Single Family Residential District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Seven (7) RESPONSES: None P&Z ACTION: July 9, 1998; Approved (6-0). STAFF COMMENTS: Please note that a change of zoning to the "SF-1A" Single Family Residential District does not require a Concept Plan Review by Staff. L:\COMDEV\WP-FILES\MEMO\98CASES\98-068Z.WPD L 8A-1 i i \ L \ 1 140) 1 i 1 1 1 s,‘, ..‘ iI \ \ i 1 \\ _H---, , .ril. i_ \\\ 1 . I \ f1 1 ?tio- i sioca I -� )\\. .: . 1 hi.----_, i ,siss ., \\ ! i___ i 15' 1 \ I ! ! I \\ 1 I I I `- ..____, c .,LY :, , , I 3 — O °,� , i 0° J �� A N'PJSI Y AGl l� Ii I I 1 . , to- ,`` I wo I. F ; pr . 1. _ 'u ' .` te — �� I r i '� ► ! I ip , ei.. __...1 1 L ! ,,,,,,c, \ c00% ., e3 . ..;.i...;,..,' I ' `• I E I , . 11*!, �( I l,l.i.'. . i ILIV 1 -11lilll I ! I I 1 I ll f . \ , \ rIII I 1 , / ' P t I I I � / aw l i - 0 Pi i AM?. ;_i 0 . _ i 167)1 . ! i 1 .401L 1 :......... .._ / 1 . 10,....,-4, ibb__-_,-, Irak] .1 . ROOMS I 4 imiliiiT4S. I ilik4134°\ ,....„V 1 ' i i c rIl I f-,>> ) • I iA '' In i -\)°'‘• Ilk f , k ... 1 NI • 1 _—] 1 S 0E5- L__ / 1..0146�� C � om, _ 7I1. 0)1\ 7 1 v im ' , It 0741111111 III \ \ i \ s I:.. I ! i � I i ; I TRACT MAP j CtRiNil „� T . 11 u ;l , ",Z; m, N 17 ., Cr 0 y610 N o . Cro -.L m oI•iii: m 7 13 N308t19 \ 1 I a I_ ~ Q w } q o IZ t` w \cr) �` <o• c CD T NLLJ J J o m a w LL O O In N (f� U I • Q a U co Q = - I In Qr 'LL I� v' I CV - N n 4 0 Q � � a IL?.1:...*.s.... .•••• .......1 I 4 Li N Cf) oojQ ,, Cr) Able 0 0Li z Se 00 a Cr < In 0 m I c T w 1 CC t LLI CC .�4" Q w Nr _ CCr w w Q I CC 2 0 , cn mc ZVJ tS) �' Oo D N co I 0 r - Q � o., O cc m., ‘,— C. 0 J I Cflcc ‘11 cc b m Q GICC : in 0 se ID• N I-- N ADJACENT OWNERS Z a Cr: AND ZONING H QA '13 s © � CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 48O:285 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS ',` P ®N OPAL_ ROUGEMONT, D BEING APPROXIMATELY 2 842 A tS AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "RE" RESIDENTIAL ESTATE DISTRICT TO "SF-1A" SINGLE ;FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE;PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS,the hereinafter described property is currently zoned as "RE"Res dents to District under the City's Comprehensive Zoning Ordinance; and WHEREAS,a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and (reWHEREAS,the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these G:\ORD\ZONING\480.I45 Page 1 SIB i (iiie, changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages;noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad . • the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation,water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, WHEREAS,the City Council of the City of Southlake,Texas,does fmd that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, i WHEREAS,the City Council of the City of Southlake, Texas,does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS,the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed,are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480,the Comprehensive Zoning Ordinance of the City (6.„, of Southlake,Texas,passed on the 19th day of September, 1989,as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed G:\OR D\ZON I NG\480.145 Page 2 QAis and amended as shown and described below: Being a portion of Lot 1 Rougemont, and°being appro mately 2 842 acres, and more fully and completely described in exhibit "A" from "RE" Residential Estate District to "SF-1A"°Single Family Residential District Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake,Texas. All existing sections, subsections,paragraphs, sentences, words,phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified,verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets;to provide adequate light and air;to prevent over-crowding of land; to avoid undue concentration of population;and to facilitate the adequate provision of transportation, (ire water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a:view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid,the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. (hore Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances G:\O RD\ZONING\480.145 Page 3 8A affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation,both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten(10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty,fine or forfeiture for any violation of any . of its provisions,then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten(10)days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1998. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1998. MAYOR ATTEST: CITY SECRETARY C G:\ORD\ZONING\480.145 Page 4 C APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY . DATE: ADOPTED: EFFECTIVE: Le, G:\ORD\ZONING\480.145 Page 5 SA -S a e (me EXHIBIT "A" The following described tract or parcel of land being proposed Lot 2, ROUGEMONT and being a portion of Lot 1, said ANT, an addition to the City of Southlake, Tarrant County, Texas according to plat recorded on Slide 1605 of Cabinet A in the Tarrant County Plat Records and being more particularly described as follows: BEGINNING at a found 3/4 inch iron rod at the most easterly Northeast corner of said ROUGEMONT and the Northwest corner of Lot 13, GARDEN ADDITION, -an addition to the City of Southlake, Tarrant County, Texas according to plat recorded on Page 40 of Volume 388-208 in the Tarrant County Plat Records; THENCE S 0° 01 ' 57" W along the West line of said Lot 13 a distance of 76.43 feet to a found yellow capped iron rod at the Northwest corner of Lot 12, said GARDEN ADDITION; (we THENCE S 0° 16' 29" E along the West line of said Lot 12 a distance of 152.3 feet to a found 5/8 inch iron rod at the Southeast corner of said RC►EJGII"C T; THENCE N 89° 51 ' 04" W along the South line bf said ROUGEMONT a distance of 552.7 feet to a set 5/8 inch iron rod; THENCE N 0° 01 ' 27" w a distance of 219.66 feet to a found 5/8 inch iron rod at an ell corner of said ROUGEMONT and being the Southwest - corder of Tract A, Block 1, OLD ORCHARD COUNTRY ESTATES, an addition to the City of Southiake, Tarrant County, Texas according to plat recorded on Page 41 of Volume 388-118 in the Tarrant County Plat Records; THENCE N 89° 12' 30" E along the South line of said Tract A a distance of 552.16 feet to place of beginning, containing 2.842 acres or 123,817 square feet of land. (re G:\ORD\ZONING\480.145 Page 6 City of Southlake,Texas STAFF REPORT July 17, 1998 CASE NO: ZA 98-069 PROJECT: Plat Revision-Lots 1R and 2. Rougemont STAFF CONTACT: Dennis Killough, Senior Current Planner, 481-5581, ext. 787 REQUESTED ACTION: Plat Revision for the proposed Lots 1R and 2, Rougemont, being a revision of Lot 1, Rougemont, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 1605, Plat Records, Tarrant County, Texas, and being approximately 14.463 acres. LOCATION: East side of North Peytonville Road approximately 200' south of the intersection of Brittany Court and North Peytonville Road. OWNER/APPLICANT: Sharon Meyer CURRENT ZONING: "RE" Residential Estate District LAND USE CATEGORY: Low Density Residential NO.NOTICES SENT: One (1) RESPONSES: None P&Z ACTION: July 9, 1998; Approved (6-0) subject to Plat Review Summary No. 1, dated July 2, 1998, deleting Item #1 (lot fronting on a public or private street referencing Lot 2, Block 1) and #2 (dead end street reference to Brittain Drive). STAFF COMMENTS: Attached is Plat Review Summary No. 1, dated July 2, 1998. L:\COMDEV\W P-FILES\MEMO\98CASES\98-069PR.WPD C $$ " I , . , . . •, . • . ,• , i .• / I\ ; ___L----, \ •, ; , ,, ,• '7 : :,._j____________---•, / • •— (NW \:\• H1 NINT . \ • , I , , \ .., • . , • ----- '',‘'•,, . ; \ • \ \I ] , \ \\ \ \\ I I \\ . I • I II I • s' '% '''. "rd'• T1, —. ,:' , \ - .,17--L'i A 11 i , > 7 \ \ . ' , -- . . • 1 ! 4 , ; . \ 11 I 1----; .., : •, 1 i - 1 ,•_.-1 I,,,__ • ; , i ,-![ 1 11 I i •_. I ! '• ' ' ' i I I .!;,, \‘, ! ! ! • ! 1 of4::14144) I I : . \ 1SS ! . jt___, ; 4. 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N /11 r� _ i i tl lilt t1 t� t�!' i t'� It I 11 '� 1 Ilif.I �' a �o::� i L., 111, fill �1�1!'ll!'i�l; '! i1 ' I•' i, r.o f F1Y N 1� !I ' '' t Itl1 ,I 1 +'I�) {� !MI :hit?,! f 1 r r t1. i' �.3 'io II 111 tii1!! 1iI 1 ., i 1 .k..1. - .• , , . . .„.. _, . , r`RFI -.1 1 ; e .1..1 :1htt1111i alit '::'' .4,r.N ''.. .'1:-, 4 „., „.1„„;!.,,,,,,,,a„ ,, : I g1j11t1111 ' • .ill *— :Y It I lit; lain!Iiligll(i hit11;1 I!li I itiil . 10 le,-, i.-'- n j'sF'' J111 1 i j3f{1tt - 5 / 1 • 11111it I' I: 111411 ii li t' le -i I' l! A. J it ! j a 1 a I > s'I :' O _ ii CC III Q 1 1 7 Y I J �I,\\ �I I N R O 1° Yg !• W cc 41 n- 1 Nld^111°ae),(I¢` 11;i rl 1 6.: i II, / t 1l1 I- I t -; - j X g i j, { D - I l O U ; Q i .-..a q Z a . 1\1 Ox ' i F- L' / .i s, _,ssL.K:it., x...c ussJ ! -i+ 7r . 3f1N3AV 3111ANO a Zw�'�t c • t t q; a Y sr ti ill yll S gy .!j�lb 7 „ I City of Southlake,Texas PLAT REVIEW SUMMARY Case No: ZA 98-069 Review No: One Date of Review: 7/02/98 Project Name: Plat Revision - Lots 1 R & 2. Block 1. Rougemont Addition. being a revision of Lot 1 Rougemont Addition and being 14.463 acres out of the Thomas Beedy Survey_Abstract No. 72 APPLICANT: SURVEYOR: Yves and Sharon Meyer Thomas L. Thompson 1905 Peytonville Avenue 1400 W. Euless Boulevard. Suite 102 Southlake. Texas 76092 Euless. Texas 76040 Phone: (817) 329-5306 Phone: (817)267-9269 Fax: 0 Attn Sharon Meyer Fax: (817)571-7959 Attn T.Thompson CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 6/15/98 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. 1. All lots must front a public or private street meeting City right-of-way and street standards (min. 50' R.O.W. 31'BC-BC pavement width). Lot 2, Block 1 does not have street frontage. The applicant proposes a 26'common access connecting to the proposed public street to the south. Please note that private residential streets are permitted only when approved under the requirements of Sections 5.04 and 5.05 of the Subdivision Ordinance No. 483. (P&Z Action 7/9/98:Delete). 2. Dead end streets shall be permitted only where a future extension or connection is to be made in accordance with the Subdivision Ordinance No. 483, Section 5.03.K.1. A cul-de-sac or through extension of Brittain Drive is required. (P&ZAction 7/9/98:Delete). 3. Remove the 20'building line shown on Lot 2. 4. Revise the approval block to conform with the following: Approved by the Planning&Zoning Commission Approved by the City Council Date: Date: Chairman: Mayor: P&Z Secretary: City Secretary: 5. 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 location of any such structures or note that all such structures are to be removed 6. A"Certificate of Taxes Paid"from each taxing authority must be provided to the City prior to filing this plat in-the County records. ( ,1. The following changes are needed in the owner's dedication and notary: L:\C@m!V\MP-PzLB6\RBV\98\98069PR1.MPD 66 J' Page 1 City of Southlake,Texas a. Add the following sentence at the end of the owner's dedication,prior to the signature block: "This plat does not alter or remove existing deed restrictions or covenants,if any. b. Revise the owner's dedication to conform to the following: "...Lot 1-R and Lot 2, ROUGEMONT,an addition to the City of Southlake,Tarrant County,Texas and we hereby dedicate to the public's use forever the rights-of-way and easements shown thereon." 8. Add the following lienholder statement and signature block with notary to the plat: • STATE OF COUNTY OF Whereas(Lien Holder Name),acting by and through the undersigned, its duly authorized agent, is(are)the lien holder(s)of the property described hereon, does(do) hereby ratify all dedications and provisions of this plat as shown. (typed name of authorized agent, title, Lien Holder) STATE OF COUNTY OF BEFORE ME,the undersigned authority,on this day personally appeared(authorized agent name. title. Lien Holder), known to me to be the person(s) whose name(s) is(are) subscribed to the above and foregoing instrument, and acknowledged to me that(he/she/they) executed the same for the purposes and consideration expressed and in the capacity therein stated and as the act and deed of said(Lien Holder Name). GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , 19 . Seal Seal Notary Public Commission expires: If no liens exist,add the following statement to the end of the plat dedication: There are no liens against this property. 9. The following changes are needed regarding easements: • a. Show and label the type,size and deed record of all existing easements on or adjacent to the property. b. Provide easements for water, sewer and/or drainage as required by Public Works. c. Show and label the type and size of proposed easements on the property. L:„.....V\M.-.ILiS\REV\98\98069.R1...D F3- Page 2 City of Southlake,Texas 10. The following changes are needed regarding rights-of-way a. Correctly show the right-of-way of Peytonville Avenue and dimension all property corners to the centerline of the apparent existing right-of-way. b. Label the right-of-way width for Brittain Drive and Brittany Court. 11. The following changes are needed regarding adjacent properties: a. Correctly show platted property to the west of this site. b. Show lotting, easements and right-of-way of the Approved Preliminary Plat to the south. 12. If utilized,the Common Access Easement south of this site should be filed prior to filing this plat. Note the filing information for the C.A.E. 13. Place the City case number"ZA 98-069" in the lower right-hand corner of the plat. 14. Remove any references to zoning districts on the adjacent properties. 15. Add the following note to the face of the plat: Selling a portion of any lot within this addition by metes and bounds is a violation of state law and city ordinance and is subject to fines and withholding of utilities and building permits. (or 6. Remove the word"Showing"following PLAT REVISION in the title block. P&ZACTION: July 9, 1998;Approved(6-0), subject to Plat Review Summary No. 1, dated July 2, 1998, amended as noted above. * Please submit a revised blueline "check print" prior to submitting blackline mylars with original signatures. * Original signatures and seals will be required three blackline mylars prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x 11" or 14" paper) with original signatures and seals on each. Mylars will not be accepted if any erasures or original ink, other than signatures or seals, appear on the plat. * The applicant should be aware that new submittals for the next scheduled meeting must be received at the City by 5:00 PM on 7/13/98. If not received by that time,no review will be prepared until the following submittal schedule. All 17 revised submittals must be folded 6" x 9" and an 11"x 17" revised reduction must be provided. * Denotes Informational Comment C'c: Yves and Sharon Meyer VIA MAIL ABOVE n,� Thomas L. 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II 4 f 0 1 °I I (3 1 . r Ell (110, - I IL 1 ' I I i !A 1 ua z a aill 8,8- 8 , City of Southlake,Texas STAFF REPORT July 17, 1998 CASE NO: ZA 98-072 PROJECT: Plat Revision -Lots 3R1 and 3R2.Block 1, Georgetown Park STAFF CONTACT: Dennis Killough, Senior Current Planner, 481-5581, ext. 787 REQUESTED ACTION: Plat Revision for the proposed Lots 3R1 and 3R2, Block 1, Georgetown Park, being a revision of Lot 3, Block 1, Georgetown Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 4216,Plat Records, Tarrant County, Texas, and being approximately 1.73 acres. LOCATION: South side of East Southlake Boulevard(F.M. 1709) approximately 800' east of South Kimball Avenue. OWNER: Georgetown Monticello Partners, Ltd. APPLICANT: Realty Capital Corporation CURRENT ZONING: "C-2" Local Retail Commercial District LAND USE CATEGORY: Retail Commercial NO. NOTICES SENT: Two (2) RESPONSES: None P&Z ACTION: July 9, 1998; Approved (6-0) subject to Plat Review Summary No. 1, dated July 2, 1998, deleting Item #1 (lot must front a public or private street referencing Lot 3R2, Block 1). STAFF COMMENTS: The applicant has met all requirements in Plat Review Summary No. 1,dated July 2, 1998,with the exception of those in the attached Plat Review Summary No. 2, dated July 17, 1998. L:\COMDEV\W P-FILES\MEMO\98CASES\98-072PR.WPD C still ::i TRACT 18 i �� TRACT 3A 2 yy E EMp,N 3.98 AC FRE VEY al TRACT 5' 5og 525 3.726 0 Z55NO A 3 TRACT 181 TRACT 1A • IRI a 2.993 AC - .£q2e ,. ; , c OLL ISD 919 N�f�M rjF !f� �M!• NM M!�M ffi� �M ff!• f fZ - � GRAPEVINE— OLLEYVILLE ISD 906 1,V • a rR RLL� 45 T& SDUT TRACT 3a IQE "' � R 4.86 AC 1 4 w _ a r I 1 312,0 C 2 rR t •47 o,0 sty') I 31 TR 2 1; .76fS� ��A 53 2,424 1 I,1136 '►, �' C-2 1ig, { .C.,1 TR 2A2 S6'A 1 Q I 2.53 AC S 8 m �,5 \ TR 6 - 1kime .86� O G.M. m � NETTLETON \ I 0 2111,9 ;. TF TR 2A Z TR 2A1A 1-' 1 5.73 AC o 3.2250 I ? 1 n n n TR 2A2A m C—Z 6.79 AC I r r 0 TR "3A 1 _ • 1.1 E9 AC I • • l ly •�. 1 1 TR 1 1 I1 5.93 AC 1 1 1 2 1 IL. Al N 1 1\ ADJACENT OWNERS 3 AND ZONING 1 elf ()P— 1 se.3 J /A l '3' rsatvt ► IND S'vxaL. 'NThLI IOS 411 .,..,.,... ,— Al gSVHdlVd X NMQL3O'IO IO �1 II i I t' 4 ..� amp ea us'1. rE..,.. .Q_ nC a i 8 • tli ii i ' I 1 ,,y--- —. 8 • /1 IN i „ 11.1.12. L , F s lli IU i \ \ i I?` a 1 i' i C � �ym _ Qol VV C y I - ,i ``Aril 71• 7.0_��,;ii 1 ac _ _ ee>> `-ram , i' - ...�A hi_ r 81 H g ''.. ' ' ' ' ' q ii:;-----,!, 7-''ztt,.. , i v 1:1114 ;r 1i � � L!tJllii •i.1 \�\\�\• •Iq ''ram\ ^'� g�1 o� :\\12:2•':: :;\* \-1.\.:7"\\*:17-‘' I i: ="— ? : ---''! 11 • � v h 1.1 AV !alli . 4 3ii ,, p • \ Ali \ • - -- ji . V-% (`` f11 1 I 11 ii . 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' !I.e s 119 t 31 d oil la ; co 1•-IJ.1 "i I 1� 1 e I ) : I i i=}d a I 1Iiiiiii11iiiHhiiiiiiiiii jla : :1 1!i 1 .dld, 111: ';� • _ ) ; ; Ilt19 i ; 1 1 1 l 1 1 1 11 j 11i= (x ' I t 1 1 _II j��j 'tl �;j t :, 6; �� I}i �i;`��; � 1�1 #,�� ,� - ii tt, 1 = 2 ii iii ii. . Yii II li 1{, II=11 11 I. 1:•j?�i . 1! 1 'I il, 1 1 a iii 1 i iil I i• • II1 144 s! 1�laa l�la 1rl;, 1.1, Ni c; ;. a. A cs Q _ 1::iiiii:i:`==`1 I) Ida °'i Z 1 ! n.. f"3 -d% ;11 az' I 1 1 1=;;=''`''1111311 s fe' rc a U_ ;: ., 13 G y ..w...wf t , i yi • 3 '3 ai 1\.0 Ci ol • ,(11.10.' _, / In f.01..wr. f a. , MOMw r - .n s� -^ Q I 1" 3.3 -; ,: 114 1A ! 1. C. 1., 0 „*" /k � ,l1 il L 1 � ti I '" i _ 'i _ f. /71 d-� nwJ Ai: d f ff 1 L. i• i j i f i = 1 if I� I 4 is 'I�11ttai•eli�l: ;� ;�1 j j 1:a ; 1111l�ild�illl It1 �1 I = ,4 fi,i 1 t f.t Id . 1 *VIP I tat s .,, i lit I 1 / Ai.'Jtlir7 i;(±atl 1� '/ 1 -io ):ff /,'it�le■■..�u i i tii ili .I111t11-1; lili i'i 1i11111111 i ff. 31�lr I1-' 34 +I. ' " �'/la of.0 1 , 1 t 1. 1�� -y i 1 111 is1„11;1'=lji ,1 '1 (killor' S'�—jam! I� }J' i 1.ili;1111'Ili it=1 1lli' f } it 1 ==r IfK 1, ��/ ,11 eI : 1II 3. 1=i ..1r1111 li`�'I�uII«�I1d�la 111,,maill111111110 i di! �I�p de/ 11jilj Ilt 44p iIII iI `i.1/111 L )4.l ■ ° I11 d I•it III ilia Id i �f 1,11 f nil 41.\11111,1P. , 1 j 4#'=;ifflilj It t 11:I ; d ( 3 -.. ._33 - • `1 1 I!; J1111311 lil11;1 j I IJ 1 alai ;1 1 a ' gc-5 City of Southiake,Texas PLAT REVIEW SUMMARY Case No: ZA 98-072 Review No:Two, Date of Review: 07/17/98 Project Name: Plat Revision -Lots 3R1 and 3R2. Block 1. Georgetown Park. Phase V.being a revision of Lot 3.Block 1.Georgetown Park.Phase V.and being 1.73 acres out of the Thomas Easter Survey.Abstract No 474 APPLICANT: SURVEYOR: Realty Capital Corporation Hughes and Associates. 920 S. Main Street. Suite 170 5750 Rufe Snow Dr.. Suite 76180 Southlake. Texas 76051 Fort Worth.Texas 76180 Phone: (817)488-4200 phone: (817)498-3511 Fax: (817) 488 - 5257 Attn. Richard Myers Fax: (817)656-9403 Attn. Steven Hughes CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 7/13/98 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. 1. All lots must front a public or private street meeting City right-of-way and street standards (min. 60' R.O.W. 37'BC-BC pavement width). Lot 3R2, Block 1 does not have street frontage. The applicant proposes a 27'common access easement. (P&Z Action 7/9/98: Delete) 2. Provide the following notary statement for the lienholder: STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared (authorized agent name. title. Lien Holder),known to me to be the person(s)whose name(s) is(are)subscribed to the above and foregoing instrument, and acknowledged to me that (he/she/they)executed the same for the purposes and consideration expressed and in the capacity therein stated and as the act and deed of said(Lien Holder Name) GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of, ,, 19_. Seal Notary Public 3. A"Certificate of Taxes Paid"from each taxing authority must be provided to the City prior to filing this plat in the County records. P&Z ACTION: July 9, 1998; Approved(6-0) subject to Plat Review Summary No. 1, dated July 2, 1998, amended as noted above. $C- City of South lake,Texas _* We recommend this plat not be filed until the construction plans for all remaining phases have been reviewed and released for construction. * It appears that this property lies within the 75 '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. * Please submit a revised blueline "check print" prior to submitting blackline mylars with original signatures. * Original signatures and seals will be required on three blackline mylars prior to filing the plat. Also required are two sets of owner's dedications and notaries(8.5"x 11" or 14"paper)with original signatures and seals on each. Mylars will not be accepted if any erasures or original ink, other than signatures or seals, appear on the plat. * A Developer's Agreement is required prior to any construction. The-Developer's Agreement for this addition should consider streets, drainage,park dedication requirements, off-site sewer extensions,and off-site drainage and utility easements. * Denotes Informational Comment c: Realty Capital Corp: VIA FAX ABOVE Hughes and Associates: VIA FAX ABOVE L:\COMDEV\WP-FILES\REV\98\98072PR2.WPD J il iilhii.iIJ1IR 1 ! S 1lHii t ( I(1.°1 f �.11; ' i tit• # i'ji } 1t I : i 2 �, m r 01 t 111 �'I {(' ! ' i, �{ tall; Id; III i x 3 1S e- a J9onny t i CT) j,'1 ,!1 • !!f ' ttff t iiil , •' , J a3 0 99� C—l1 t iii III III ' :� h r �1,1 r ;i !!1 : 0 sa ju 1,�1;i > ;i 1'�„f t`i I t r fi �ii t 1.1 lii ,t , J (, t=;rfrf•rr. t i !ir"r 1.1I 'i p1 I 1f{, , ; A- ' �� itt , h iff1111 1i1t1I Iii !Ii !J11I I i�di r�ii I d;it E 1I �'(• i lb Ii 1f i 11 a�i1.li f 1 ar i J 1 '' ij'Jr - R 1;r , ur J r it �il� iva �� =r . -- _ - j2,3 1-ti illits tl A mu Au ia Ai ii 1))1 - ii ;a ,� ..._,_...... ...... ..se sr. _41:4_ .....12 --s� I i il.rii /,1• ,# z (ii, , = v 7 nn — i cy " . \•.. sr I . 4.7—.......'17..... ill., I iii , , i ' -J I— /I' •-, IyT / �� J g? 1424"== I2 j1 1,zr . _ r I #ia 311. , l� 9 i-- "� 11 , / 13 ea 9E-7 ./) r1 4 A ' 1iv 0 �- ii • is ` ii `(i H. /I* / v 1.-- -:..,-1,-,7-.7.7--7---/--;---777 - , / ,,/ / U ,I- i'•i ilk.; I I * ;/ / • ;Jr lb- I I L 21 L_ — — — — — ---� _ i F �r-i�rw'T ,' tii r 'i[iri ' !J1/ ni.i i� i'r 1 ri li •ti t 1 I 11 it IkIIII11i1! .l111 r— 1 iii III P ,� I a $ ii 11 ;;i,I it1'1111 1./r - +,1 I , I I Via+ r ij '' { i1a=! I 1 J Col . i ' i YipsiIt` rat fir 1 , ! 1 it ill Iii' lllli1 ijj ii !i„,s' - L 5 3.. a i �t iirf zI(II !Ali; 11 I hi III1tiiinitifil 'i11 1t hz I J i ? , 8C—S • City of Southlake,Texas MEMORANDUM July 17, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorization to advertise for bids for signalization of F.M. 1709 and Shady Oaks Drive, F.M. 1709 and Commerce Street, and North White Chapel Boulevard and Ascot Background The installation of traffic signals at Shady Oaks Dr. and Commerce St. on F.M. 1709 were recommended as part of the F.M. 1709 traffic study conducted by Lee Engineering. The signal at Shady Oaks Dr. is warranted by the amount of traffic leaving Durham Elementary and entering F.M. 1709. At Commerce and F.M. 1709 the amount of traffic has increased substantially in the last year providing warrants for the proposed signal. With the addition of the Trammel Crow development, this traffic may increase even more. With the connection to S.H. 26, Commerce St. is an alternate route for residents to get to S.H. 114 via S.H. 26. Currently, with the amount of stacking at the Wall St. bridge, it is difficult to turn left onto F.M. 1709 from Commerce St. Additionally, the concept plan for "Village Center East", as developed by staff with the landowners, extends Northwest Highway from Grapevine to F.M. 1709 at the intersection of Commerce St. Carroll ISD is currently constructing a 7-8-9 grade school on the west side of N. White Chapel across from Ascot Dr. The traffic expected to be generated by the school in the morning and afternoon warrants placement of a traffic signal at the school entrance on N. White Chapel. Additionally, N. White Chapel is being constructed with a center turn lane to allow left turning, stacking, and through traffic movement. The signal will aid the flow of traffic in this area. The estimated cost of each signal is $100,000 for a total of$300,000. These traffic signal installations were approved as part of the FY 97-98 CIP budget. If all signals are bid together, there may be a reduction in the estimated cost of their installation. The bid documents can be written to award bids for each individual signal and/or all together. Recommendation Staff recommends Council authorize advertisement for bids for the signalization of F.M. 1709 and Shady Oaks Dr., F.M. 1709 and Commerce St., and N. White Chapel Blvd. and 1OB-1 Ascot Dr. Please place this item on the July 21, 1998 Regular City Council Agenda for City Council review and consideration. BW/cre Attachments: Map Exhibits L L 10B-2 , 1 ,i ,I ---,-----,----i_i.-----1 , , -----1 I (10) , i , , 1 1, ; 1 ' . , 1 , i---7 __ L , , ,, , as , ,, MNM= 1 r , , , 1 /-1-------. . '---' 1 ; Vi N MC CU . ------ il ,-----_, ----i I _, - , 1 I ' ----' i '1 1 , 1 I I 4.1.°1 , i ------, 1._____i I ' ,i/. : illi 1 I , 1 1 , , 1 [ '—'1- r 1 4-7 I ,,, _Le -r- = cn __ , ,-,--, ,,, „,„„„ _,.. 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