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1995-06-06 CC Packet City of Southlake,Texas MEMORANDUM June 2, 1995 TO: Honorable Mayor and Members of City Council FROM: Curtis E. Hawk, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting June 6, 1995 1. Agenda Item No. 5A. Authorizing the purchase of Recycling Bin Covers. At the May 16 City Council meeting, Dick Johnston presented a proposal for the City to purchase hard plastic covers for recycle bins. Council directed staff to bring this item forward. The item is on the consent agenda and as noted in the memo from Kevin Hugman, Assistant to the City Manager, Mr. Johnston is requesting the City to expend funds to cover the cost (11..' of providing the covers for the recycle bins. Note the cost issues discussed in Kevin's memo. 2. Agenda Item No. 5B. Authorizing the Mayor to enter into an Interlocal Agreement with CISD for Park. Playground. and other Recreation Facilities, and authorizing the Mayor to approve Addendum #1 to the Interlocal Agreement for Park. Playground. and other Recreational Facilities. The business of providing joint use facilities, while admirable, is often a complex task. Such has been the case with the development of the agreements coming to you for your consideration Tuesday evening. There are two agreements, as noted in the memo from Kevin Hugman, Assistant to the City Manager. The first is an "umbrella" agreement, designed to provide general guidance for the use and maintenance of joint use facilities. The second has been developed to provide guidance for the use of the Carroll Middle School gymnasium currently under construction. L 1 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 2, 1995 L The Joint Utilization Committee spent several months carefully deliberating the issues related to these agreements. City and CISD staff are comfortable with the result. The school board unanimously approved the agreements at its May 22nd meeting. 3. Agenda Item No. 5C. Authorizing the Mayor to execute Professional Services Contracts • with Cheatham and Associates for preparation of legal descriptions and exhibits for CDBG Projects in Oak Hill Mobile Estates and Sutton Place Addition. This item is on the consent agenda due to City Council's direction for approval at the last meeting. If you have any questions prior to the meeting, please call me or Greg Last, Director of Community Development. FYI, we are tentatively scheduling a neighborhood meeting on June 28, 1995, 7:00 p.m. at City Hall with residents of Oak Hills Mobile Estates and Sutton Place Addition. 4. Agenda Item No. 5D. Authorizing the City Manager to execute a contract for Engineering Study for Pavement Distress and Failure of Sewer Trenches. We have this item on the agenda in order to take the next logical step in trying to resolve the "why" or "what happened" with the failures of the street sections in several areas of town. The largest problem has been in Timarron, but we have had isolated problems in others, including one such failure on Kirkwood. Two different testing labs have studied the problem. Our engineers have studied the problem. We have our theories, but no firm conclusions to build upon. We need to have a third party look at the problem so we can successfully correct the current problems and prevent, to the extent possible, any reoccurrences. We believe the expense of hiring the engineering consultants will be a good investment. The study would be paid for out of the Engineering Services line item in Water Utilities (Account Code 147.230), since we believe the pavement failures are the result of failures in our utility line ditch construction methodology. The line item does not have anywhere 2 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 2, 1995 near enough to cover the costs, thus the money would come from the Utility Fund Undesignated Fund Balance, with proper revisions made during approval of the Revised Budget with the adoption of the FY95-96 Annual Budget. This is an appropriate use of the Fund Balance -- to cover unbudgeted, unanticipated needs that must be addressed. 5. Agenda Item No. 7A. 2nd Reading. Ordinance No. 634. Driveways. Tom Elgin, Planner, has made the revisions requested by City Council as part of your approval of the first reading (4-2) on 5/18/95. As a result of comments at the first reading, we have added the City of Addison in the comparison chart. Also, for your reference we have included a copy of Grapevine's driveway criteria and a driveway spacing analysis of William D. Tate. Additionally, we have included excerpts of the transportation portions of the corridor study original proposals pertaining to this matter. Feel free to contact me, Greg Last, or Tom Elgin (ext. 753) if you have any questions. L 6. Agenda Item No. 7B. Ordinance No. 579A. 2nd Reading. amending Ordinance No. 579, Truck Route/House Moving. Recall that the only change in Ordinance No. 579 is in Section 3D, which (in No. 579A) adds Kimball Avenue from the intersection of F.M. 1709 to the intersection of U.S. Hwy 114 as a north/south truck route, and removes (in the current No. 579) Carroll Avenue from the intersection of F.M. 1709 to the intersection of U.S. Hwy 114. The signs are in place on both streets, and the "no trucks" signs on Carroll will be enforced following City Council approval of Ordinance No. 579A. 7. Agenda Item No. 8A. 1st Reading. Ordinance No, 480-171. (ZA 95-41) Rezoning from AG to C-3. east side of Davis Blvd. This is the applicant who, over the past year, has been interested in placing a full service car wash on Davis Blvd. at this location. The Council approved an amendment to the zoning ordinance on 5/4/95 which allows a car wash in C-3 with a Specific Use Permit (SUP). The applicant submitted his zoning request L, prior to the SUP and the required site plan, however, he has submitted the site plan and requested SUP for P&Z review on 6/8/95. If P&Z forwards the request, then the site plan 3 Honorable Mayor and Members of City council Agenda Item Comments and Other Items of Interest June 2, 1995 L and SUP request will catch up with the zoning request at your second reading of the zoning change request ordinance on 6/20/95. P&Z recommended approval for the C-3 zoning request 7-0. The only opposition voiced was from June Haney, SPIN #15 representative, who expressed concerns about the general adjacency of the residences. 8. Agenda Item No. 8B. 1st Reading. Ordinance No. 480-172. (ZA 95-42). Rezoning and Concept Plan. The Highlands Addition from AG to SF-20A. There are no significant issues with this Concept Plan and zoning request although Review Summary No. 3 does list several items which the applicant still needs to address. One comment requires 30,000 square foot lots along the south line, however, the adjacent owner has provided written concurrence with the plan as submitted. P&Z recommended approval 5-2 with one dissenting vote still preferring the 30,000 square foot lots on the south and the other dissenting vote being uncomfortable with the lack of curves in the street pattern. (hre According to Greg Last, the proposal does meet the curvilinear requirement. 9. Agenda Item No. 8C. ZA 95-43. Preliminary Plat. The Highlands Addition. The same issues exist here as in the Concept Plan. P&Z recommended approval 7-0. 10. Agenda Item No. 8D. 1st Reading. Ordinance No. 480-173. (ZA 95-47), Rezoning. south side of Johnson Rd.. from AG to SF-1A. The applicant wants to build a home on this property. The neighbor to the west is in opposition; this exceeds the necessary opposition (20%) to require a super majority vote of City Council in order to approve this zoning request. P&Z recommended approval 7-0. 11. Agenda Item No, 8E. ZA 95-33. Preliminary Plat for Huse Homeplace. The applicants have requested that this item be tabled to the 6/20/95 City Council meeting so that they can make revisions to their submittals as agreed to with the P&Z Commission. P&Z recommended approval 7-0. 4 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 2, 1995 12. Agenda Item No. 8F. ZA 95-44. Plat Revision of Lots 1-A and 1-C. Block 1. Kimball/F.M. 1709 Addition. The purpose of this plat is to create a lot which can be purchased by McDonalds. There are no significant issues related to the plat request. P&Z recommended approval 7-0. There is one unique aspect to this request that may arise at a later time as a developer's agreement issue before City Council. McDonalds has submitted plans showing a driveway onto Kimball at their northwest corner, connecting to the median cut on Kimball. Staff has made McDonalds aware that this drive would be eliminated in the future with the construction of the Kimball interchange with S.H. 114. Upon removal they would like to put a replacement drive onto Kimball roughly at their southwest corner. Staff does not have a problem with this at this time, but feels City Council should make the decision on the negotiated driveways. 13. Agenda Item No. 8G. Ordinance No. 639. 1st Reading. Regulating public access on private property. We believe the changes recommended by City Council have been incorporated in the ordinance. The ordinance is intended to enable police to control against the type of loitering or disorderly gatherings that occur on parking lots of commercial businesses in many communities. Note that the ordinance comes into play only if the owner or operator of a private business chooses to have the enforcement and has posted the required signs. 14. Agenda Item No. 9A-9E. Appointments to the special positions. boards, and committees. The resolutions for the appointments have been prepared by Sandy LeGrand. City Secretary. with the exception of 9C (Res. No. 95-15. appointment to Economic Development Advisory Committee) and 9E (Res. No. 95-17. appointment to Joint Utilization Committee). These two resolutions will be completed prior to Tuesday night and handed out at work session. L 5 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 2, 1995 (lare 15. Agenda Item No. 10A. Developer Agreement for Coventry. The memo from Bob Whitehead, Director of Public Works, lists the specific items unique to this agreement vis- a-vis the standard developer agreement form. These are indicated in the Agreement text through the use of highlights and strikeouts. We have added language to this agreement, which will be standard in all future agreements, pertaining to compliance with the Texas Water Code and other applicable laws. These are contained in section JIB and IIC, agenda packet page 10A-16 (page 4 of the Agreement). The Coventry Developer Agreement is unique in one manner: it is the first developer agreement that has come forth for approval prior to approval of the final plat. (kw There is nothing in the state statute or our ordinances which enable us to "require" final plat approval prior to approval of the developer agreement. As long as the protections are in place in the agreement, i.e., no permits for road construction, utility lines, etc. prior to approval of final plat, nothing is adversely impacted. Such is the case with this agreement. Should City Council want to change our subdivision ordinance to require approval of the final plat before consideration of the developer agreement, let us know and we will initiate the proper amendments to our existing regulatory control ordinances. 16. Agenda Item No. 10B. Developer Agreement for Timber Lake Phase V. The memo from Bob Whitehead lists the items in the agreement which are specific to this particular development in-so-far as the standard developer agreement provisions apply. These are (kr- indicated in the text of the agreement through the use of highlighting and strikeout. 6 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 2, 1995 Note again the new standard language we have added to the agreement in Section IIB and IIC concerning the Texas Water Code and other law compliance. 17. Agenda Item No. 11A. Discussion of City/CISD Electronic Bulletin Board. The memo from Kevin Hugman, Assistant to the City Manager, with attachments, succinctly explains the concept and potential costs. Judge Bradley will be at the work session to briefly discuss the matter. 18. Agenda Item No. 11B. Discussion of possible amendment to Ordinance No. 619. adopting the 1994 Uniform Building Code. This item has been prompted from a request by the Southlake Church of Christ. Ordinance No. 619 adopted the 1994 Uniform Building Code, with a local amendment that requires a sprinkler system in buildings with 6000 square feet or larger. On May 15, the architect for the Southlake Church of Christ, Roger Blake, submitted a request for a variance to the Board of Adjustment. The letter from Paul Ward, Building Official, to Skip Blake, sets out the options available to the applicant. To reiterate the options, the applicant may: 1. Request the ordinance be amended to exempt Churches from the sprinkler ordinance requirements 2. request the ordinance be amended to provide for a variance to the requirement for sprinklers 3. appeal to the Building Board of Appeals as provided by the ordinance, recognizing that the BBOA cannot outright waive the requirements of the Code, but could provide for alternative methods of construction. L Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 2 , 1995 (hir Apparently, Mr. Blake wants the City Council to act on the matter, not the Building Board of Appeals. If City Council wants to consider lessening of the sprinkler requirements, please direct staff and we will proceed with whatever is necessary to effect the change. FYI, there are several salient points in the "variance" request submitted by Mr. Blake that warrant addressing herein. 1. The comment that the plans for the Church were completed and released for bid in September, 1994, bids received in October, 1994, and the ordinance approved in October, 1994, thus the Church was not aware of the requirement. point: The ordinance was passed on first reading August 16, and second reading September 6. These had been under consideration for months prior to their adoption. 2. The comment that the Church submitted plans for review initially before the ordinance was passed, and the sprinkler requirement was not mentioned. point: Preliminary plans were brought in and a number of things were discussed. He was specifically told that the current ordinance did not require the sprinkler for the Church, but he was reminded that he needed to talk to the Fire Services staff. (Apparently he did not.) If plans had been left with staff for review, they would have been marked up with comments, including the fact that the codes were being revised. No plans were left for review until January 1995. 3. The comment that the Fire Marshal told him that the cost for the fire sprinkler system would be $1.50 per foot, when in fact the cost when bid was more than (we twice the amount. 8 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 2, 1995 point: This is the case. Apparently the Fire Marshal has been quoting estimates for the cost of the pipes, etc., inside the facility. This still leaves the outside costs, i.e., the cost of the larger line from the City's supply line to the building, and the backflow preventer. (Note: we do not require a meter, although many cities do to prevent the use of the standpipe for other water uses.) Given the cost for the fire sprinkler system, I can see why some do not want to pay for the installation. Recognizing why we need the fire sprinkler system requirements, there was nevertheless considerable discussion at City Council when the ordinance was adopted as to what the appropriate minimum building size limitation should be without requiring the sprinkler system, and then be required for all buildings beyond that size. The members of the City Council who were on the Council in 1994 will probably remember this discussion as well as I. I recall that one reason the 6,000 square foot minimum was L. selected (it was the Public Safety/Public Works recommendation) was because of the comments that it would not be an economic burden. Our ordinance is the most restrictive in the region. The norm is probably around 12,000 square feet. If you have concern about the Church property, you probably have concerns about others. We will have additional information available at the meeting if you need, meanwhile, please let me know of any concerns you may have regarding this matter in order to assure we can appropriately respond. 19. Agenda Item No. 11C. An agreement with Champion Recycling for Paper Recycling_at school sites. As noted in the memo from Shana Yelverton, Assistant City Manager, this item has been placed on the agenda so that staff may receive direction from the City Council. Champion Recycling and the Carroll schools would like to form a partnership to recycle paper goods, while simultaneously providing a community drop off site. Champion has agreed to provide compensation to the schools for their participation in the program. Our only concern is that the current ordinance governing waste disposal would 9 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 2, 1995 require a contract between Champion and the City for provision of this service. We will proceed with this item at your direction. 20. Agenda Item No. 11D. Trophy Club Road. Those of you who were on the Council previous to the recent election, will recall that the Town of Trophy Club plans to connect the extension of Trophy Wood Drive to T.W. King immediately north of Kirkwood Blvd.' in order to have a eastern entrance to the town. This item was discussed with City Council approximately six months ago. At the time we discussed our concerns about the increased traffic load on Kirkwood and T.W. King if the connection is made at the proposed Trophy Wood extension. There were other issues, including several in Trophy Club with their land acquisition attempts, which have delayed the proposed extension. Trophy Club Mayor Jim Carter has asked Mayor Fickes to have our Council again discuss this connection. (we Trophy Club Administrator Donna Welch is sending me a set of their plans for the connection. I should have them available for your review Tuesday night. I expect someone from Trophy Club will be at the meeting. If after discussing the item, City Council wants us to proceed with the appropriate plans, we will prepare the necessary documents for you to consider. It has been our practice to assist our neighboring communities in any way possible that does not place a burden on our community. I believe their request is reasonable given the circumstances. They have assured us they will work with us in whatever way required, including traffic control devices, etc. L 10 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 2, 1995 OTHER ITEMS OF INTEREST 21. Sewer Questions Abound - As you might expect, people throughout the community are curious about the proposed neighborhood sewer program which we are planning to discuss during the upcoming June retreat. Joe Mast, SPIN Standing Committee representative for SPIN Neighborhood #3, has requested information to present to his neighbors in Emerald Estates. As you know, sewer is imminent for this neighborhood since Lonesome Dove Estates is building their subdivision. The attached informational piece was developed at Mr. Mast's request. I have provided it for your information as well. 22. Impact Fee Study Update - A draft of the Land Use Assumption report that will be used to calculate roadway, water and sewer fees, has been prepared by the consultants in conjunction with the Capital Improvements Advisory Committee. The next meeting of the committee is scheduled for June 13 at 7:00 p.m. in the Council Chambers at City Hall. At this time, the committee will discuss the methodology to be used for determining roadway, water, and sewer impact fees. 23. Trail System Master Plan Update - You will recall that a committee comprised of Planning & Zoning Commissioners, Park Board members, and the SPIN Standing Committee Chairman has been working diligently on reviewing the plan proposed by the consultants. To date, they have completed their revisions of proposed routes. At the next meeting, scheduled for June 7, the committee will discuss proposed design standards. FYI -- once the committee has completed its work, the plan will be taken to interested SPIN neighborhoods. We hope to complete the SPIN meetings in June, and take the plan to P&Z and the Park Board for consideration in July. 24. Corridor Study Update - It is anticipated that the Planning and Zoning Commission will take action on the Corridor Study at its next meeting, Thursday, June 8. You may wish 11 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 2, 1995 to consider whether you want to schedule a Council work session to discuss the corridor study as P&Z did. 25. SPIN Input to Public Works Projects - Bob Whitehead, Director of Public Works, is preparing cost estimates for the SPIN Neighborhood Improvement Project recommendations which were presented at the last joint meeting with the SPIN Standing Committee. These cost estimates will be used in preparing the Public Works budget for the upcoming fiscal year. 26. Status of Construction on White Chapel - Construction has begun on Phase I (FM 1709 to SH 114) of the White Chapel Road reconstruction project, with Phase II (Big Bear Creek to FM 1709) scheduled to begin soon also. Construction work should take approximately 120 calendar days to complete. L 27. Economic Development Strategic Plan Update - Consultants completed the first round of community interviews with local leaders, developers, citizens, and staff in April and May. They presented a draft summary of their fmdings to the Economic Development Strategic Plan Steering Committee on May 23. The first public meeting is scheduled for Monday, July 10, 7:00-9:00 p.m. in the Council Chambers, followed the next day by a work session of the Steering Committee from 8:00-12:00 a.m. at Solana. If you would like more information, please contact Kate Barlow, Economic Development Coordinator. 28. Youth News - There will be a meeting next Tuesday, June 6, 2:00-5:00 p.m. at City Hall to discuss current youth programs such as SPIN and SYAC, and to explore other directions in which we may further our youth programs, including the possibility of a "Youth Leadership Southlake." Several citizens and youth, Judge Bradley, Kathleen Farrell, Administrative Intern, and myself, will be in attendance. You are also invited. L 12 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 2, 1995 L The proposal for a Junior Park Board will again be considered by the Park Board at its June 12 meeting. Should they approve the proposal, it would then come forward to City Council at a future date. SYAC will meet periodically over the summer to plan for the upcoming school year. Applications are available from Kathleen if you know of anyone who would like to apply. Note the attached article on SYAC that was in the May 28 issue of the Grapevine Sun. It highlights the many accomplishments of SYAC in only its first year of existence. We can look forward to an even more active group next year! 29. Alcohol Enforcement Activities by Southlake DPS - Note the attached memo from Billy Campbell, Director of Public Safety, concerning his department's activities to date in enforcing illegal alcohol consumption by minors in Southlake. As Director Campbell notes too, the positive response from parents has been encouraging. 30. $10 Million Dollar Claim against the City. We received a certified letter this week from the attorneys for the Sharon Walters family, filing a claim with the City of Southlake for damages in excess of$10 million. A copy of the letter is attached. As stated in the letter, the claim is based on alleged negligence by the Southlake DPS in enforcing posted speed limits on SH 114. As yet, no lawsuit has been filed, this is merely a claim for damages. We will discuss this in executive session. 31. Also attached is a copy of a letter to the editor from the Mayor that appeared in today's Northeast/ Fort Worth Star-Telegram, explaining remarks concerning Northeast Mall he made to a reporter that appeared in an earlier article. L 13 _. • Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest June 2, 1995 L 32. Note the memo in your packet from Greg Last referencing the M/PF D/FW residential subdivision report. C /kb (or 14 r l SEWER ISSUES The following questions regarding sewer were submitted by Joe Mast, SPIN Standing Committee Representative for SPIN Neighborhood #3. 1) Who will do the work? Will the City appoint someone? Does the same party do the entire subdivision? Does each resident hire their own individual for their own hook- up? Does the same party that plumbs the line from the house to the street also cut through the street? There are two parts to the answer to this question. First, the sewer main that will be constructed in the street will be constructed in two phases. The first is the phase that is under construction now for the Lonesome Dove Estates development. The developers are constructing the sewer on a portion of Taylor and Emerald Blvd. The second phase will be constructed by a contractor hired by the City through a competitive bid process. This will finish the subdivision for the rest of Emerald Blvd., Taylor, and the homes that front on North Carroll. As part of the construction of the sewer main, the sewer lateral leads will be installed from the sewer main to the property line. The current schedule calls for bidding the second phase in June, with award of bid anticipated in July. Actual construction should begin in early August. (kw The second part of the answer to this question deals with who will perform the work from the homes to the sanitary sewer. Since this involves work on private property, residents would have to hire their own individual plumber to hook up their homes to sanitary sewer. The cost to the resident will not include any costs for cutting streets, as the lateral lines will be at the property line. 2) What needs to be done? Tie plumbing into existing plumbing where it exits the house going to the septic tanks? Plumb from the house to the street? Are there options as to whether to cut through the street or tunnel under? The homeowner would need to hire a licensed plumber, registered with the City, who would have to get a $75 sewer permit. The plumber then would construct the house lead from the home to the service line that was installed by the City's contractor at the property line. The plumber would be required to comply with state law and abandon the septic system, which essentially means that the top of the septic tank would have to be removed, the septic tank would have to be pumped of all solids and filled with sand or some other material. The plumber will need to tie into existing plumbing at some point between where it exits the house and the septic tank, and bring the house line down to the lateral line that will be extended by the City's contractor. L SEWER ISSUES Page 2 L 3. How much will it cost? Will each resident have the same total cost or will it vary? Will there be financial help for those residents that aren't able to pay all at once? At this point in time the City does not know what the cost of the sanitary sewer will be for each homeowner. The exact cost cannot be determined until bids have been accepted for the second phase of the project. Given our current estimate of the project costs, if each residence is required to pay the full cost it would be approximately $4,880. However, there are other options which the City Council will be considering at the June -Retreat, scheduled for June 15 & 16th. These include having each homeowner pay a percentage of the total cost, or simply pay the City's current sewer impact fee of$1,300. (Note: The sewer impact fee is required for any new development, or the conversion of any existing structure which increases the number of service units. The purchaser of a newly constructed home in Southlake pays for all the sewer construction costs to the home, plus the City's impact fee.) The cost of the plumber to install the line from the home to the property line varies depending on the distance and any impediments that are in the way from the house to the property line. Each plumber must be registered with the City before they can pick up a permit. The plumber's work will be inspected by the City's Building Inspection Division. The streets will not have to be cut by the individual plumbers since the service lateral will be constructed along with the trunk main by the City's contractor. Therefore the streets will be repaired by the City during the construction of the trunk line. 4. When can residents of Emerald Estates hook up to the sewer line? How soon at the earliest? Does each resident hook up at their convenience or does the City dictate when each resident hooks up? If a resident does not hook up, will there still be a fee assessed by the City? What will the fee be? Will it ever be mandatory to hook up? If yes, when? Residents will be able to hook up to the sewer trunk line upon the decision of the City Council regarding the charge to each residence, and after the sewer is accepted by the City for public use. In Emerald Estates, there will be two time periods due to the phased construction. The first phase of the sewer, which is being built by Lonesome Dove Estates, should be accepted mid-June, which is about the same time the City Council will be making the decision regarding the appropriate charge. Therefore, the residents along the eastern end of Emerald Circle and the southern loop of Taylor Street could conceivably connect sometime in July. The other residents of the neighborhood will need to wait until the sewer is constructed and accepted in front of their house. It is anticipated that this will be sometime in October or November. L SEWER ISSUES Page 3 L Each resident will be able to hook up at their convenience, but there will likely be some sort of timeframe for hooking up to the system (i.e., six months to a year). Currently there is a City ordinance that requires as follows: ...In the event a city sewer line is constructed or extended to within one hundred feet(100") of the property line of any property within the City after such property has been developed, such property shall be connected with the City's sewer system within ninety (90) days of the city sewer line being constructed or extended to within one hundred feet (100') of the property line. The City Council may want to consider something different for these special neighborhood improvement sewers. Again, fees are unknown at this time. c:\wpfiles\spin\sewer.jm (5/26/1995)SKY L L S YAh gets kids active m government year.Up to 35 may join SYAC, ' includin three from each grade Commission g g= �� level and two at-large members members tackle ' .. �� ‘ F`' —those living in Southlake but ' �� not students in the CISD.The city, state issues I ' ,' � rest are alternates. y i l SYAC has also become a focus ' group for the Tarrant County By John Hicks 12s1� � b .. l , 1, 1 - r • • Youth Collaborative.The collabo- Staff Writer f,, - is , I t: a � �` � I rative, an umbrella of youth Southlake-Before the school "_ , _ .;' programs, sent SYAC a ques- year,the Southlake City Coun- i ' T®. "' ' q ., " tionnaire and will use the re- :il gave Carroll ISD students a ,, sponses for current and future vehicle for active participation r issues. in community affairs. ' .-- Samartin,who will attend the Since then, the Southlake a•. "< n o .-1` . : ',,= University of Texas in the fall, youth Advisory Commission has f •. said she learned both responsi- made its`voice of youth"heard `i '-° M a bility and the benefits of work- in both the city and the state. ' �/ - ,j " '""`w: ing with the younger members. SYAC is made up of Southlake "The seventh-graders had a students in grades seve-12.The lot to say. It was neat to work group evaluates current issues with all different age groups," affecting students and brings she said. them to the city's attention on To which Bradley responded, in advisory basis. Members of the Southlake Youth Advisory Commission recently "That's why we dropped it down Southlake Municipal Court made a one-day lobbying trip to the State Capitol in Austin. to the middle level.(The younger Judge Brad Bradley formed the Members spoke to Gov. George W.Bush and Sen.Jane Nelson members) are very eager to be idea for SYAC from "bits and involved in anything that in- ,ieces" of other youth groups about•their support for a countywide youth curfew eludes older kids.That can only and took it before the City Coun- benefit everybody." :il,which passed the ordinance Bradley said SYAC is for eve- initiating the program in June. 'We were looking for kids who are not-JUSt ryonewho`will bring something "Anytime you get the kids to the table"—not just for the school leaders, but who participate outside the bignames on campus. ' involved, especially in under- P standing cities and government, school arena.' "We were looking for kids who it's a great idea," said Mayor are not just school leaders,but Gary Fickes. who participate outside the school Kathleen Farrell, city staff Brad Bradley, arena,"he said. liaison to SYAC,said it was set(horr Southlake Municipal Court Judge Hopefuls will go through a up for students to `voice con- selection process with the mem- cerns they had so they would bers selected at the start of the have a direct line into the city." 1995-96 school year. The student commission, "There will be different issues," headed this year by CHS gradu- countywide youth curfew;add- tive meeting. said Fickes on topics that SYAC ating senior Rachel Samartin, ing they were opposed to a city- "Surprisingly,Gov.Bush lis- members will likely discuss."But took full advantage of the privi- mandated plan. tend to everything we said.They we don't want to initiate them. lege. "The purpose was to give them made us feel right at home. It We want them to initiate them." "This was,a program that,when the indication they could have was a great experience for all of Anyone interested or who would initiated, was somewhat free- input not just at the municipal us." like further information may form.The kids have given it some level, but beyond that," said Fickes agreed. contact Kathleen Farrell at city structure,"Bradley stated. Bradley, who with Fickes, ac- "I was really impressed with hall,481-5581 ext.805. After listening to a presenta- • companied the group to Austin. the questions they asked and tion of the:proposed Trail Mas- Eventually,a countywide rule with the amount of time the ter Plan,SYACwrote Fickes to was voted on by the Senate. governor spent with them,"said voice their support and explained "I was very nervous,"recalled the mayor."I think he appreci- how it would benefit Southlake Samartin of the meeting with ated(the questions)." —'doing more than providing the state officials. Fortunately, So far,according to Farrell,17 improved access to schools and they were not only welcomed underclassmen have already recreational use. but also got to watch a legisla- indicated a desire to serve next "These trails utilize Southlake land to its highest potential both , economically and aesthetically," the letter read. •. . They also delivered a proposal I to ' e P. k.Board requesting the zeatiieriVf a.Junior„B Board.The idea is to be°consi�d fired on next month's Park Board agenda and will eventually go • before the council.' But perhaps,their biggest Ce :ndeavor was their one„day lob- byingtrip to the State Capitol in kustin.Members spoke to Gov. .• _ . seorge W.Bush and Sen.Jane :- Nelson about their support for a •t City of Southlake,Texas MEMORANDUM May 26, 1995 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director of Public Safety SUBJECT: Results of Alcohol Enforcement Activities For years in this community one of the main concerns regarding the young adults has been the illegal acquisition of alcohol beverages made to minors, either though retail business or through various parties that have gone on. Approximately two years ago the Department of Public Safety Police Services Division has undertaken sting operations where supervised juveniles are sent in to local retailers to test the policy and internal store enforcement of making alcohol available to minors. We have had approximately six of these sting operations where we contact every licensed premise within the city limits during a single day. In February of 1995, after special meetings with parents, students and school officials, it became obvious that we needed a stronger policy from the Police Department on how the Police Department was going to interact with minors that were consuming, minors that were in possession, etc. I enacted a procedure depicting what to do in these situations. Corporal Marler carried this policy to the high school and taught six or eight classes at various times in the health and civic area and explained the new policy. He also visited with several informal groups at the high school. The consensus of the students was very supportive,although some thought that the parents being called at the time of the offense was worse than receiving a citation. We listened carefully to the students and also talked with several supportive parents to go proactive towards alcohol sales to minors, and determine where the juveniles were obtaining the beverages. On one occasion we visited twelve of the thirteen stores in Southlake that sell alcohol beverages with a nineteen year old female and video taped unlawful sales to her at eight locations. Our previous attempt at this had usually resulted in one or two citations, indicating a need for stronger enforcement. Based on the continuing sale of alcohol beverages being reported and observed by officers,we elected to file the Class B misdemeanor charge and make arrests. The officers have filed the more serious charge whenever possible and these arrests and charges have been reported to the Texas Alcohol Beverage Commission for follow-up administrative sanctions. On April 6, 1995, Director Gregg met with a group of concerned parents regarding several known locations of alcohol consumption and possessions by minors. We were aware of the locations previously and had conducted enforcement operations as manpower and staffing had allowed. Director Gregg also discussed the new special procedure regarding a minor in possession and consuming. The policy was supported whole-heartedly by all the parents in attendance. The City Attorney, Betsy Elam, was also present to describe the statutory and constitutional safeguards regarding a warrant with entry into homes. We are currently carrying our directed enforcement towards several locations on weekends where parties seem to develop. We are also talking with parents in an attempt to get compliance with the law. We have made several arrests of minors and persons furnishing alcohol during these direct patrols. On April 22, 1995 we conducted a follow-up visit to the thirteen stores,this time with an eighteen year old male volunteer firefighter. We again video taped the operation. Only two stores made sales to minors and one of the two stores that sold to minors had not been able to be tested previously during store hours. The fact that only two of the stores sold to minors encouraged us that the Class B charges were obviously getting the attention and awareness of the store owners and clerks. We will continue to conduct these operations randomly throughout the remainder of the year and intensify them if warranted. The officers patrolling the streets are also acutely aware of juveniles attempting to purchase or consume alcohol. Patrol officers have been issuing citations (on two occasions to clerks), viewing selling alcohol to minors,and have also intercepted juveniles on the parking lot on six occasions in the past three months. We have received numerous calls and several written commendations cr, regarding our policy of parental contact as the minimum response of the officer. One parent even forwarded a donation check of$50.00 which we placed in the Department of Public Safety safehouse fund. Attached is the department's procedure for dealing with sales and consumption and possession of alcohol by a minor,a memorandum from Sergeant Ward concerning meetings he had with all of the licensed managers or owners in the City,and also one of the several letters that we have sent out to the store managers concerning this issue. After we concluded our sting operation, we presented those businesses that did not sell to minors letters of commendation. One of those businesses framed its letter and displayed it so that the public could see that they conduct their business properly. We were very pleased with that attitude. If you have any other questions or comments regarding this issue, please contact me. (J.,/ BC/bls attachments c:\wpwin60\wpdocs\campbell\5-26alco.ceh • SOUTHLAKE DPS ISSUE EFFECTIVE NUMBER SPECIAL ORDER DATE 1-26-95 DATE 2-15-95 95-05 UBJECT Underage Persons in Possession/Consumption of Illicit Beverage DISTRIBUTION RESCINDS EXPIRES D mwj N/A N/A I. In order to provide guidance in handling underage persons in possession of alcoholic beverage, this directive is being implemented. Although the new policy manual currently in development is near completion, it is necessary to implement these procedures prior to that time. As a result, this special order, which is anticipated to mirror the upcoming policy, is issued. II. Definitions Minor-those persons under the age of seventeen(17)years old Underage Person-those persons under the minimal age established by law to possess alcoholic beverages Possession- generally meaning actual care, custody, control or management, as defined by statute. Responsible Adult - a mature adult, age 21 years or older, who accepts responsibility for another person, and who serves as a parent, legal guardian, or guardian ad litem for a juvenile(minor). c Minor Po ssession ossessn o When an officer determines that a person is underage and in possession of an alcoholic beverage, one of the following actions is undertaken by the officer: A. If the minor is under the age of ten(10)years: 1. The child is released to a parent or another responsible adult, and an offense/incident report completed. 2. Because of statutory limitations, a citation is not issued to the minor in this case. B. If the minor is at least age(10)years, but less than fourteen(14)years: 1. The minor may be detained at the scene, while contact is made with the minor's parent, and arrangements made for the parent or another responsible adult to take custody of the minor, or 2. The minor may be taken into custody, transported to Southlake Police Services building, processed as a Juvenile offender, and detained within the Southlake Department of Public Safety building at any location where they are detained out of sight and sound of adult (116. offenders. Special Order 95-05 Page 2 (lbe 3. Because of statutory limitations, a citation is not issued to the minor in either case; however, a 52.01 notice may be issued for referral to the County Juvenile Detention Center. C. If the minor is at least age fourteen(14) years, but less than seventeen(17)years: 1. If it is determined by the officer that a minor is in possession of an alcoholic beverage, and that the subject is not intoxicated, the officer undertakes one of the following actions: a. The officer notifies the parent. A citation may be issued and the subject released. b. The minor is detained at the scene while the officer notifies the parent, and arrangements are made for the parent or another responsible adult to take custody of the minor. A citation may be issued. c. The minor may be taken into custody, transported to Southlake Police Services building, processed as a Juvenile offender, and detained within the Southlake Department of Public Safety building at any location where they are detained out of sight and sound of adult offenders. The officer notifies the parent. D. If the minor is at least age seventeen(17)years, but less than twenty-one(21)years: 1. If it is determined by the officer that the minor is in possession of an alcoholic beverage, and that the subject is not intoxicated, a citation may be issued and the subject released. The officer notifies the parent if the vehicle is registered to the parent or if the minor is a school student. 2. The underage person may be taken into custody, transported to Southlake Police Services building, and processed as an Adult misdemeanor offender. The officer notifies the parent if the vehicle is registered to the parent or if the minor is a school student. IV. Consumption In all cases where a person is underage and suspected of having consumed an alcoholic beverage, the officer conducts a horizonal gaze nystagmus field sobriety exam, in addition to any other field sobriety exams. When an officer determines that a person is underage and has consumed an alcoholic beverage, one of the following actions is undertaken by the officer: A. If the minor is under the age of ten(10)years: 1. The child is released to a parent or another responsible adult, and an offense/incident report completed. Special Order 95-05 Page 3 tkir 2. Because of statutory limitations, a citation is not issued to the minor in this case. B. If the minor is at least age(10)years, but less than fourteen (14) years: 1. The minor may be detained at the scene, while contact is made with the minor's parent, and arrangements made for the parent or another responsible adult to take custody of the minor, or 2. The minor may be taken into custody, transported to Southlake Police Services building, processed as a Juvenile offender, and detained within the Southlake Department of Public Safety building at any location where they are detained out of sight and sound of adult offenders. 3. Because of statutory limitations, a citation is not issued to the minor in either case; however, a 52.01 notice may be issued for referral to the County Juvenile Detention Center. C. If the minor is at least age fourteen(14)years, but less than seventeen (17)years: 1. If it is determined by the officer that a minor has consumed an alcoholic beverage, and that the subject is not intoxicated, the officer undertakes one of the following actions: a. The officer notifies theparent. A citation maybe issued and the subject J released. b. The minor is detained at the scene while the officer notifies the parent, and arrangements are made for the parent or another responsible adult to take custody of the minor. A citation may be issued. c. The minor may be taken into custody, transported to Southlake Police Services building, processed as a Juvenile offender, and detained within the Southlake Department of Public Safety building at any location where they are detained out of sight and sound of adult offenders. The officer notifies the parent. 2. If it is determined by the officer that a minor has consumed an alcoholic beverage, and that the subject is intoxicated, the officer undertakes one of the following actions: a. The officer notifies the parent. A citation may be issued and the subject released to the custody of the parent. b. The minor is detained at the scene while the officer notifies the parent, and arrangements are made for the parent or another responsible adult to take custody of the minor. A citation may be issued. Special Order 95-05 Page 4 c. The minor may be taken into custody, transported to Southlake Police Services building, processed as a Juvenile offender, and detained within the Southlake Department of Public Safety building at any location where they are detained out of sight and sound of adult offenders. The officer notifies the parent. D. If the minor is at least age seventeen(17)years, but less than twenty-one(21)years: 1. If it is determined by the officer that the minor has consumed an alcoholic beverage, and that the subject is not intoxicated, a citation may be issued and the subject released. The officer notifies the parent if the vehicle is registered to the parent or if the minor is a school student. 2. The underage person may be taken into custody, transported to Southlake Police Services building, and processed as an Adult misdemeanor offender. The officer notifies the parent if the vehicle is registered to the parent or if the minor is a school student. V. Officers may encounter situations where it is more practical to release the accused with a citation rather than to make a custodial arrest. The following criteria is met before the Officer issues a citation and releases the accused: A. The accused is able to produce valid identification; (I.' B. The accused is a resident of Tarrant County or contiguous counties; C. If the accused were to be incarcerated, the accused would be eligible for a personal recognizance bond; and, D. The Officer has not observed any propensity towards violence or aggression. E. The accused is not intoxicated as determined by a Horizontal Gaze Nystagmus field sobriety exam in addition to any other field sobriety exam. VI. Notification A. Notification of school officials If the possession or related offense occurred on public school property,the officer provides notification to school officials regarding the incident. B. Notification of Director of Police Services The officer provides notification to the Director of Police Services by voice mail, E-mail, or printed copy of the MIR forwarded and flagged for attention. Special Order 95-05 Page 5 C. Notification of Parent/Guardian The officer provides notification to the parent/guardian of any underage person involved in the possession or consumption of an alcoholic beverage, when that underage person meets the following criteria: 1. The person is a minor 2. The person lives with a parent or guardian 3. The person is a student V. Parties/Large gatherings A. In some incidents of parties or large gatherings, the officer may discover alcoholic beverage present wherein there are both of-age adults and underage persons present. The officer strives to determine if there are violations of underage persons in possession or consumption of alcoholic beverage, and then undertakes the appropriate action as stated herein. B. Nothing contained herein is intended to restrict lawful enforcement action on those of-age adults that have committed an offense or any other offense by any person, and all reasonable efforts towards prosecution are undertaken by the officer. __ City of Southlake,Texas MEMQRAINQQM May 22, 1995 TO: Gary D. Gregg, Director, Police Services FROM: C. E. Ward, Sergeant, Criminal Investigations SUBJECT: VISITS WITH OFF-PREMISE ALCOHOL RETAILERS In response to the request made by the Director of Public Safety, Texas Alcoholic Beverage Commission Enforcement Agent Kenneth Mayes and I conducted personal visits today with each and every store manager of a TABC licensed establishment within the City. The visits went quite well and afforded an opportunity for the store managers/owners to ask questions directly of Agent Mayes concerning obligations and responsibilities associated with their TABC licensure. The visits further allowed me to reiterate our philosophy of making a cooperative effort between the police and the retailers to curb alcohol sales to minors. Agent Mayes presented information on two TABC sponsored education programs to the retailers. These programs are designed to train sales staff in the recognition of possible under age customers, examination techniques for determining the validity of identification cards and handling intoxicated customers. All of the store managers expressed an interest in sending their employees to the free training. These training courses are being coordinated by Agent Mayes and the store managers. I have offered our facility as a host site for the training, which should start within the next few weeks. I further explained to the managers our intent to continue random undercover operations involving a monitored minor who will attempt alcohol purchases without identification. The managers were receptive as to the need for this type of enforcement and understand our goal of reaching 100% compliance concerning minors and alcohol. I personally handed out a letter to each manager informing them of the planned enforcement action. Attached to this memorandum are copies of the aforementioned letter as well as a list of the locations and persons contacted. These visits were an excellent tool for improving relations between the retail establishments, the Southlake Department of Public Safety and the TABC. A very positive rapport was established along the lines of acting jointly to assure the continued safety of young people in our community. I would urge that we repeat this type visit annually in order to maintain the spirit of cooperation which has been achieved. I am available to address your questions or comments concerning this matter. CEW/cew cc: Billy Campbell, Director of Public Safety I I LICENSED PREMISES COUCH' S GROCERY 611 DAVIS BLVD 431-1377 Jan Petty, Manager HICK' S COUNTRY STORE 585 RANDOL MILL 431-0503 Mike Hweidi, Owner LUCKY LADY 2220 W. FM 1709 431-1169 Shah Jiwani, manager ALBERTSON' S 2201 W. FM 1709 421-0880 Molly Barnes, Store Director Sondra Stokes, Customer Service Manager YATES CORNER GROCERY 2190 E . DOVE RD. 481-1083 Rick McPherson, Owner GUN BARREL GROCERY 2368 E . SH 114 329-0023 Shamim Mohsin, Manager CHEVRON 2315 E. SH 114 488-8137 Mike Hayes, Manager 7-11 STORE 1101 E. SH 114 488-4143 Hamin Matirime, Manager CIRCLE E GROCERY 401 N. KIMBALL 488-8525 Mike Dalton, Owner Debbie Smith, Manager SOUTHLAKE TEXACO 2210 W. FM 1709 481-0282 JUSTINS GROCERY 3280 E. FM 1709 Hadi Aghili, Co-Owner Masood Sahihi, Co-owner MAGIC MIKE' S 101 E. SH 114 488-4245 MAGIC MIKE' S 110 W. FM 1709 Mike Farhat, Owner CITY OF SOUTHLAKE DEPARTMENT OF PUBLIC SAFETY CRIMINAL INVESTIGATIONS DIVISION MAY 22, 1995 SOUTHLAKE STORE MANAGERS RETAIL ALCOHOL LICENSEES Dear Managers / Owners : Juvenile alcohol abuse in our community has become a high profile topic of concern with our residents . The Southlake Department of Public Safety mirrors this concern and requests your strict attention and adherence in assuring that minors are not sold alcohol from your establishment . With the summer months approaching it is inevitable that minors will attempt to purchase alcohol from retailers in the area. We request that you reiterate training for your employees regarding their responsibilities in avoiding these illegal sales to minors . We strongly suggest that any customer who has a youthful appearance be "carded" to assure that they over 21 years of age. Any person who is unable to produce identification should not be sold to. Please be advised that the Southlake Department of Public Safety will be conducting regular, random operations with the assistance of a monitored minor, who will be attempting purchases of alcohol . These operations have been undertaken in the past and will continue without prior notification, for the purpose of assuring compliance with the law. Arrests will be made immediately to any person who fails to check for identification and then sells alcohol to a minor. Criminal cases will be filed with the District Attorney and formal referral for license sanctions against the retailer will be forwarded to the Texas Alcoholic Beverage Commission. If you have questions or comments concerning this matter, please contact me at (817) 481-5581 ext. 732 . Sincerely, Charles E. Ward Detective Sergeant Supervisor Criminal Investigations Division L 667 NORTH CARROLL AVENUE SOUTHLAKE, TX 76092 (817) 481-5581 ext. 732 i • Friday,June 2,1995/NUUHEAST,Fort Worth Star-Telegram/Secti L(......, ETTERS TO THE EDITOR A Soutlilake mall These "educational trends" come and wing organization determined to take the We send our children to s I go.Are we to sacrifice our children with city of Watauga for its own personal and to develop a love for le In his May 21 column, Star- these experiments? It happened to me,' gains. The "largest church in town" did Jo Ann Gasper and Cl, Telegram/Northeast Publisher Bruce and I can tell you it's not worth it. I not elect Bellinger, nor did it formally bell support strong academ Raben asked that I apologize for my believe all children can learn.Give them endorse any candidate. The church does dren and support school b remarks concerning a major mall in the basics and a good teacher, and you not control the actions of its members.It are based on proximity an. Southlake.I have the following response: will have a well-educated child. If you is an insult to voters in Watauga to sug- ty.Please join us in supper The question asked of me•by a Star- believe that, then vote for Charlotte gest that a church—whose members live in Grapevine-Colleyville Telegram reporter was,"Would Southlake Campbell and Jo Ann Gasper for in all surrounding communities is the tomorrow. Liu like a major mall located at a certain tract , Grapevine-Colleyville. reason for this defeat. The people of TOM AND I `` of land on SoutlilAkP Boulevard?" My 'CATHLEEN MAZZANTI Watauga simply_knew that is was time answer was,"Only if it was an extremely Grapevine for a change in leadership. • •• upscale facility. If it is like North East I am offended that Girtman suggested Commitment Mall—they can stay away—we are not Clear choice . that Bellinger should not be elected just No. interested" so the council will not have 50 percent of We all want strong ac 1 here. North East Mall is a fine facility.It was The candidates in the Grapevine-Col- its members from one church.•Should the responsibility and neighb is my- built probably 20 years ago and is a typi- leyville school board runoff present voters same consideration be made if the 50 per- Of equal importance in kept cal, traditional, large mall. The owners with clearer choices than we have had in cent are male or female? Church mem- school trustees is true c antis have done a good job in updating it,and it yam• bership is not a disqualifying attribute for public education and pa " appears to be relatively safe(the Hurst Gina Dutcher and Georgia Scaife have public office. toward improving our sch shows. Police Department has operated a store- worked as volunteers, in PTAs and on Randy Bellinger is honest,hard-work- Two Grapevine-Colley% erman front operation inside the mall).But the various district committees, and they ing,active with children and truly cares didates bring track record question asked was, "Would the city of have children in our public schools.Both about our city.We should be thankful that problem-solving, voluntee ause it Southlake like this type of.mall?" The have shown that they are not afraid of such upstanding people like mayoral can- ership to the school distri, o start reporter made reference to North East problems and that they are "can-do" • didates Bellinger and Hector Garcia are Gina Dutcher and Gel outing' Mall,Hulen Mall and a few others.North Wen. willing to face the attacks by close-mind- committed to the Grape East Mall is a large series of brick mono- Charlotte Campbell and Jo Ann Gas- ed and bitter individuals and be willing to district and our commw A US. lithe rising out of a sea of asphalt park- Par belong to a faction that basesmost of serve our community.These are the qual- longtime residents of the be __ ing. it is surrounded by tire and auto what it does on ideology and negativity, ifications that we should be evaluating in theira our scha the repair pad sites and,on two sides,by res- focusing on each and everyfault in our our decisions for mayor. Dutcher idential neighborhoods.No,I.don't believe school system.We have three children in CHERYL SPURLOCK siasm,talent and energy the residents of Southlake care for this the school system and are well aware that Watauga dent and an involved pan type of development along Southlake we have some problems,but put it in per- district, classroom and Boulevard. spective! Our problems come mainly For the record grams. Scaife an exix 'a SouthlakP•has been working on a cor- because so many people are moving here resources executive at G ethnic ridor study for the past year.Part of the so rapidly—many of them because.of the I am a resident of Watauga,a taxpay- ship and ability have bee corridor study will include an overlay quality of our school system.Are we.posi- ing homeowner.As such,I feel the need to her many volunteer he ver our tive enough to rise to this challenge,or do respond to Mayor Tony Girtman's May 17 to our schools. I ess we zone for Southlake Boulevard and Texas 114.Our study has indicated that the site we want to stop right here,find someone letter to clarify a simple point. Dutcher and Scaife I t of the questioned for a mall would be best suit- to blame and get off? . The mayor referred to mayoral candi- edge, rience and"cam to con- ed for a"village center"or"town square" We will vote for those candidates who date Hector Garcia as "a deacon." I am neeecssry to improve c t.He is concept—a place that would be pedestri- are reasonable and positive and who are the pastor of First United Methodist meet the growing chat] ne • an-friendly,safe and a little bit different strong'enough to rise above difficulty and Church of.Watauga, and.Garcia's name education. nilitary than a traditional large mill!. build on the strengths of our communities appears on the rolls of this congregation. We encourage you to v advised The StarTlegram indicated that the and our schools. We will vote for Gina ,•He is not an officer in this church,nor is exceptionally qualified a lead to Rouse Co. wad interested in developing Dutcher and Georgia Scaife.We strongly he an active member.In fact,during the runoff election tomorro• this site:Rouse is a very large,national urge other voters in Grapevine and Col- four years that I have served here as pas- Scaife understand the r y to say commercial real estate developer..It has leyville to do the same. tor, I have seen him at one service — g and working he ;risk in built projects throughout the United CHARLES D.AND ANITA R.YOUNG April 16,Easter Sunday. STEVE AN, Hutchi- States, and some of their projects have Grapevine Further, in the United Methodist Church, the title deacon is an ordained been quite spectacular' degree.It is bestowed only upon those in 'others. SoutblakP and our surrounding cities The question is . . . professional ministry and is a step towar Plan for Sl itsoever are areas where residents have made harm's large investments in their homes — The great question before our local ordination as an elder,or pastor. In October 1993,I wr roday'as many of them up to$1 million.The hous- school boards today is whether we will That Garcia is a fine man and a con- on the Grapevine-Coll lecessor` es that would surround the site,identified leave our children's education and pave!- earned citizen, I do not question. Con- planning team, along by the reporter, are all in excess of opment under the control of their parents cerning his qualifications to be mayor of selected to create the fr genius $300,000.It the city's hope to help pro- or whether we will surrender this control this city, I have no opinion. However, school district's strategic Clinton, vide a commercial base that complements to government planners, pursuing their truth and accuracy are important. I We spent the first da own concepts of"social and lrtical cor would ask that Girtman be more careful iatedno the qualityof residential develop- Po belief system,a mission Ei high de ,rmceg r. ,'': '''' y about aigzmhg titles,and!Nations _ > meters,objectives and s rt�na the��'merit and lifestyle in SouthlakP With'tivs�_ :� .�>.-+ shot at goal in mind,I will not offer an apology, ` This,I believe,is essentially the criti- THE REV.DONALD H.K1NGmMAN print for excellence and it Bush but I will offer a challenge and an oppor- question posed by the Clinton admin- After the developmen ouictunny that the city, its residents and istration's Goals 2000: Educate America 10 action teams were foi :terdevelopers can all benefit by. Act. Reading worries the district. Their task a This sobering question has forced a Ian and work among tl• MAYOR GARY FICKES Saturday'rdno ff in our Grapevine-Col- Seeking quality education for our chil- P Via $ptltfilwtie ' we moved; to Grapevine two ears their input and reportin Vietnam leyville achooj board races.Being a;firm dren, Pew y This six-month thinking; believer that children belong not to the" ago. We have been, disappointed and group 't talking Stop experiments state but to God,'under the care of their alarmed by proposed socially engineered our combined comma school boundaries. and by experimental working for the betters forces.to � parents,I will support Jo Ann Gasper for•. . + is-not I believe it's time for the parents in the Place 1 and Charlotte O'Dell Campbell teaching methods such as whole-lan- dren's education. Gra vine-Colle a school district to guage reading instruction,peer tutoring, After reviewing th wants t- pe the for Place 4. results,the coregroup _ concentrate on the goals of each candi- Tho•e well-onalified candidates will: cooperative learning, nongraded,report CITY OF CROWLEY TEXAS MUNICIPAL LEAGUE Region 8 Quarterly Meeting The City of Crowley is honored to host the Texas Municipal League Region 8 quarterly meeting on Thursday, June 8, 1995, at Hugley Hospital Fitness Center. Social time will begin at 6:15 p.m., followed by dinner at 7:00 p.m. The guest speaker will be Dr. Paul Geisel with the University of Texas at Arlington, School of Urban and Public Affairs. Dress will be casual (NO TIES!) and fitness will be the theme. Come early and take an opportunity to tour this fine facility and its available services. A location map and reservation form are enclosed for your convenience. Please forward your reservations and payment of $18.00 per person to the office of the City Secretary no later than June 3, 1995. Your assistance in returning this form will be very helpful. Make plans to join us for an enjoyable evening now. City of Crowley 817-297-2201 P.O. Drawer 747 120 N. Hampton Crowley, Texas 76036 City of Southlake,Texas MEMORANDUM June 2, 1995 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Assistant to the City Manager SUBJECT: Authorization to Purchase Recycle Bin Covers At the May 16 City Council meeting, Mr. Dick Johnston presented a proposal for the City of Southlake to purchase hard plastic covers for recycle bins. City Council directed staff to bring this item forward for action on the June 6 Council agenda. It was also suggested that Laidlaw be contacted concerning possible underwriting of all or a portion of the costs. I have spoken with Mr. Doug Rivers with Laidlaw concerning their participation in this program. Mr. Rivers indicated he would be willing to look at the possibility of funding the covers, but asking for an extension of the contract in order to depreciate the costs over an extended term. I also spoke with Mr. Mark Anderson of Rehrig-Pacific, the manufacturer of the covers and the contact person that Mr. Johnston spoke with. Mr. Anderson quoted me a unit price of$3.25 for the covers, and freight charges of approximately $1500. This works out to a total cost for 3000 covers of$11,250, almost $1,000 more than Mr. Johnston had been quoted. Mr. Anderson did not have his notes concerning his previous discussions with Mr. Johnston at the time I talked to him. He said he would contact me on Monday once he had researched the costs-further. Mr. Johnston's notes from his discussion with Mr. Anderson in early May, indicated that Mr. Anderson quoted him a unit price of$2.97 and freight charges of$0.46 each, hence the $3.43 per cover charge that Mr. Johnston gave to Council. Mr. Johnston requested the City to expend funds of$10,290 for 3000 covers. Should the unit price have increased, and we cannot get the covers for less than$3.25 each, the total cost for 3000 covers may be as much as $11, 250. The recycling fund cash balance is $18,535.29, according to Lou Ann Heath, Finance Director. If you have any further questions, I will be happy to answer them. KH cc: Lou Ann Heath, Director of Finance Dick Johnston, Keep Southlake Beautiful L ' City of Southlake,Texas MEMORANDUM May 30, 1995 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Assistant to the City Manager SUBJECT: Interlocal Agreement for Park, Playground, and Other Recreational Facilities and Addendum #1 to Agreement Attached is the Interlocal Agreement for Park, Playground, and Other Recreation Facilities," and Addendum#1 to the same. The base agreement is a revision of the original interlocal agreement, approved in April 1994, and establishes an "umbrella" agreement between the City of Southlake and Carroll Independent School District for the use and maintenance of joint-use facilities. Addendum #1 is specific to the Carroll Middle School Gymnasium/Recreation Center and establishes additional requirements to the base umbrella agreement for use of this particular facility. As you are aware, the Joint Utilization Committee worked for many months to develop an cagreement, applicable to all joint-use facilities, that would adequately protect the interests of the School District and the City, while reducing the overall tax burden to the residents of Southlake. The JUC recommended approval of the Interlocal Agreement for Park, Playground, and Other i Recreation Facilities, and Addendum #1 to this Agreement, at its April 24, 1995 meeting. The . CISD Board of Trustees unanimously approved the agreement and Addendum #1 at its May 22, 1995 meeting. Please place these agreements on the June 6 agenda for consideration by the City Council. If you have any further questions, I will be happy to answer them for you. y KH cc: Kim McAdams, Park Project Manager L Jr- ./ INTERLOCAL AGREEMENT FOR PARK, PLAYGROUND AND OTHER RECREATION FACILITIES STATE OF TEXAS § COUNTY OF TARRANT § This Agreement is made by and between the City of Southlake, a home rule municipality, acting herein by and through its duly authorized Mayor, hereinafter referred to as the "City," and the Carroll Independent School District, a special purpose unit of government organized and acting under the laws of the State of Texas, acting herein by and through its duly authorized Board of Trustees, hereinafter referred to as the "District." WITNESSETH: WHEREAS, the District presently maintains and operates several school campuses, • athletic facilities, and playgrounds in the City and plans for more school sites, athletic facilities, and playgrounds in the City in the future; and WHEREAS, the City presently maintains and operates several parks, athletic facilities, and playgrounds and plans for more parks, athletic facilities, and playgrounds in the future; and WHEREAS, both the City and the District have determined the need for providing certain recreational facilities for schools, as well as for the general public; and WHEREAS, both the City and the District have recognized that the joint use of school recreational facilities and City recreational facilities can benefit both entities, recognizing that school properties and facilities are intended primarily for school purposes and that the educational needs of children are the highest priority; and WHEREAS, the District, through its Board of Trustees, desires to continue to cooperate with the City, through its City Council, in the joint construction, funding, operation, maintenance and/or use of certain recreational joint-use facilities for the enjoyment and benefit of all citizens. NOW,THEREFORE, for and in consideration of the mutual premises herein contained, the mutual benefits flowing to both the City and the District and other good and valuable consideration recited herein, the receipt and sufficiency of which is hereby acknowledged, the City and the District do hereby contract, covenant, warrant and agree as follows: C I. SCHEDULING The City shall be entitled to use the District recreational properties listed on Exhibit "A" attached hereto (hereinafter referred to as the "District Property"), and as may be modified from time to time, in accordance with the terms and conditions of this Agreement. The City shall be entitled to priority use of the District Property upon approval by the District of a schedule of City activities and programs. A schedule of City activities and programs utilizing District Property shall be submitted annually for approval to the District by the City, substantially in the same form as shown on Exhibit "B" attached hereto and incorporated herein, no later than June 1 of the year prior to the school year for which the request is made. The District shall approve the schedule as submitted, or with any modifications deemed necessary by the District, no later than July 1 of each year. The City may use the District Property for its authorized activities and programs; and if available, for activities and programs not on the approved schedule. The District shall be entitled to use the City recreational properties listed on Exhibit "A" attached hereto (hereinafter referred to as the "City Property"), and as may be modified from time to time, in accordance with the terms and conditions of this Agreement. The District shall be entitled to priority use of the City Property upon approval by the City of a schedule of District activities and programs. A schedule of District activities and programs utilizing City Property shall be submitted annually for approval to the City by the District, substantially in the same form as shown on Exhibit "B" attached hereto and incorporated herein, no later than June 1 of the year prior to the school year for which the request is made. The City shall approve the schedule as submitted, or with any modifications deemed necessary by the City, no later than Le July 1 of each year. The District may use the City Property for its authorized activities and programs, and if available, for activities and programs not on the approved schedule. H. SCHEDULE CHANGES The District Superintendent and his or her designee and the City Manager and his or her designee are authorized to make changes to the approved schedule of activities set forth in Exhibit "B" as they may agree upon throughout the term of this Agreement. III. PUBLIC RESERVATIONS • Reservations of the joint-use facilities may be made by the general public on a first-come, first-serve basis, subject to the prior scheduling by the District and City. All reservations for joint-use facilities as outlined in Exhibit "A" will be coordinated through the owner of the facility, be it the District or City. 1V. MINOR MAINTENANCE Generally, the District shall be responsible for maintaining the District Property; and the City shall be responsible for maintaining the City Property. Maintenance will include, but is not limited to, janitorial services; utilities; minor (less than $5,000) maintenance, repair, or replacement; and general upkeep and grounds care. c:\wpfiles\juc\facility.agr\kh 2 April 25, 1995 Minor maintenance (under $5,000) of joint-use facilities should be performed using the applicable work order procedure of the City or District. General oversight of maintenance costs of such joint-use facilities will be the responsibility of a Joint-Use Management Committee consisting of the City Manager and/or his designee, and the District Superintendent and/or his designee. Facility addenda as may be attached hereto, may address specific sharing of minor maintenance costs, as agreed to by the District and the City. V. MAJOR MAINTENANCE Major maintenance, repair, replacement, or improvements of joint-use facilities, which cost over $5,000 per occurrence, and only if approved by the District and the City, will be the joint responsibility of the District and the City. If either party declines, then the other party has the right to perform the maintenance, repair, replacement, or improvement, and assume the full financial responsibility thereof. Major planned maintenance needs should be allocated for by the District and City budgeting process. General oversight of maintenance costs of such joint-use facilities will be the responsibility of a Joint-Use Management Committee consisting of the City Manager and/or his designee, and the District Superintendent and/or his designee. VI. USER RESPONSIBILITIES The user of a joint-use facility shall furnish and supply all materials and supplies necessary for carrying out its program and shall be subject to the reasonable rules and regulations set by the respective governing body, or other designated entity, of the City and/or District. The user of a joint-use facility is responsible for pick up of litter resulting from the user's activity. VII. INDEMNIFICATION With respect to the District Property, the City does hereby agree, insofar as permitted by law, to hold harmless the District from any claims, damages, injuries, lawsuits, or causes of action arising out of or in any way connected with the use of the District Property for a City activity during the time the City is conducting the activity on the District Property. With respect to the City Property, the District does hereby agree, insofar as permitted by law, to hold harmless the City from any claims, damages, injuries, lawsuits, or causes of action arising out of or in any way connected with the use of the City Property for a District activity during the time the District is conducting the activity on the City Property. Each liability insurance policy carried by the District and by the City, shall name the other party as an additional insured with respect to joint use facilities, to the extent as permitted by law. c:\wpfiles\juc\facility.agr\kh 3 April 25. 1995 VIII. TERM The term of this Agreement shall be for a period of twenty (20) years beginning from the date of execution of this Agreement. This Agreement shall be automatically extended for additional five (5) year periods, unless terminated in writing by either party at least sixty (60) days prior to the end of the original term or any extension thereof. If either party wishes to discontinue this agreement at any time other than that specified in the previous paragraph, written notice with reason to terminate, must be given at least six (6) months prior to termination. If the term of any addenda attached hereto remains in full force and effect past the termination date of this agreement, then this agreement shall also remain in full force and effect until expiration or termination of the addenda. This agreement shall be reviewed by both parties every two (2) years. IX. ENCUMBRANCES Neither party to this Agreement shall, without first obtaining written consent of the other party, assign, pledge, or in any way encumber this Agreement, in whole or in part, or sublet the District Property or City Property or any part thereof. X. CLAIMS Nothing in this Agreement shall change or affect the duties, responsibilities, liabilities C., or immunities provided to the parties under the Texas Tort Claims Act, Sections 101.001 et seq., of the Texas Civil Practice and Remedies Code. XI. ADDENDA The parties agree to continue to search for new areas of cooperation and to that end shall meet together regularly, along with interested community groups and appropriate City and District administrative officials. The parties may enter into separate "joint utilization agreements" for the construction and of joint-use facilities where such activities are deemed to be in the best interests of the parties. Each joint utilization agreement shall set forth the specific terms and conditions under which such activities are to be conducted. Separate "joint utilization agreements" for operation, maintenance, and/or use of joint-use facilities may be entered into as addenda to this agreement, when such activities are deemed to be in the interests of the parties. These addenda shall identify exceptions or additional requirements to this agreement as may be deemed necessary and proper. XII. ADDITIONAL AGREEMENTS This Agreement contains all of the agreements made by and between the parties hereto regarding the use of District Property and City Property and no additional agreements or understandings shall be applicable to the use of District Property or City Property unless first c:lwpfilesljuclfacility.agrlkh 4 April 25. 1995 co, agreed to, in writing, by the parties. XIII. VENUE This Agreement and all of its terms and provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. In the event that a lawsuit is filed by either party arising out of the terms and provisions of this Agreement, venue for the lawsuit shall be in Tarrant County, Texas. XIV. AUTHORIZATION The undersigned officers of the parties are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties. Each party hereto certifies to the other that any necessary resolutions or orders extending said authority have been duly passed and are now in full force and effect. Executed this day of , 1995 in Tarrant County, Texas. CITY OF SOUTHLAKE By: Mayor ATTEST: City Secretary CARROLL INDEPENDENT SCHOOL DISTRICT By: President, Boa q rustee ATT : Secretary, Board of Tru tees C- c:wptiles\juc\facility.agr\kh 5 April 25, 1995 • EXHIBIT A - JOINT-USE FACILITIES (January to August 31, 1995) DISTRICT PROPERTY Carroll Elementary Backstop practice fields �— 2 Soccer practice fields (south of building) Johnson Elementary Backstop practice fields Soccer practice fields (east of building) Carroll Intermediate Multi-purpose court (lighted) Ballfield (lighted) ; Soccer practice area (east of multi-purpose court) Football game field (lighted), Concession stand Exercise Room Carroll Middle School , Gymnasium Baseball field CITY PROPERTY Bicentennial Park Community Center The Lodge Ballfields 1, 2, 3 (Lighted) Concession stands Country Walk Park (Adjacent to Carroll Elementary) 4 Backstop practice fields c:\wpfila\juc\facility.agr\kh April 25, 1995 fir -- E C rn g" 1.4 . a 0 'n .I C a ; � i g .0 01 0 00 O00 O M c.. 0 E c 00 E� E w, e � ot% `n w .b t, .0 .--, °O i., 0 0 rn a) ON H o ) 0 a Z Z in CI � F � A � C . u oo .... N eJ go 'O at � Q O: M cn Oo Oo `.-4 .r 00 ,..., ,.-., • N U .--, t-, tr t- co - N e� 0 .0 .0 ti 6 -«' O O 0 •� 0 ,� Z Z ooc a) _ z a, •o , r..4 c v R 14 11 CtS ell) V) 0 ,-4 erl I ►-+ 0 A r-, Co 1 in cv b IVU `� H .b el M as at u o0 00 00 00 in o0 00 00 N Lit CT - 0 0 - b b CI I , I h 0 0 1 1 1 vl Cr) to cn cn .� .LL: . •--� M M 0 .-4 1-1 11 .--, \ \ h i •->-� .--4 .-, % 0 0 i � «t CC ceY 'U 03 1 a w .0 .0 .0 . 0 0 .1 .1 .0 .0 .0 ww ww E' w w w D cr a 0 cn cn :- �+ o.. V Fg4 0 U, a a U .7; Ili ' w b ICJ 0 co 44 w g H i b U 1-4C OOv cd U a) c.)us o v) c at col C j V] 04 U ., bN O 0EUco, ° v) hv)0 � � O U C n � V1coL� N ON � � � 4.4 C U ti •-, 0 �iQ`e U al wCO wb 3 g o. cs b a os 71 ce. , 0 00 " rn o enOA al o w ti s � b u Chricn 3 u Cy, ADDENDUM #1 TO INTERLOCAL AGREEMENT FOR PARK, PLAYGROUND, AND OTHER RECREATION FACILITIES CARROLL MIDDLE SCHOOL GYMNASIUM/RECREATION CENTER WHEREAS, the City and the District have entered into an Interlocal Agreement for Park, Playground and Other Recreation Facilities, herein after referred to as "governing Agreement," which approves the joint use of District and City recreational facilities; and, WHEREAS, the governing Agreement allows separate "joint utilization agreements" for operation, maintenance, and/or use of joint use facilities in the form of addenda to the governing Agreement, when deemed necessary and proper; and, WHEREAS, the District and the City have deemed it necessary and proper to enter in to a "joint utilization agreement" addendum as it pertains to the Carroll Middle School Gymnasium/Recreation Center; and WHEREAS, the terms and conditions of the governing Agreement shall remain in effect for this facility except as added or modified herein; NOW THEREFORE, the District and the City hereby agree to the following additional or modified terms and conditions of this addendum: VIII. TERM The term of this Addendum shall be for a period of twenty (20) years beginning from the date of execution of this Addendum. Should the term of this Addendum expire prior to the term of the governing Agreement, this Addendum shall be automatically extended and remain in full force and effect for the term of the governing Agreement, and shall automatically renew under the terms of the governing Agreement. XI. ADDENDA Section XI is not applicable to this Addendum. XIV. AUTHORIZATION The undersigned officers of the parties are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties. Each party hereto dr certifies to the other that any necessary resolutions or orders extending said authority have been duly passed and are now in full force and effect. Executed this day of , 1995 in Tarrant County, Texas. CITY OF SOUTHLAKE By: Mayor Gary Fickes ATTEST: • City Secretary CARROLL INDEPENDENT SCHOOL DISTRICT By: • Pr sident, Bo ,ri o Trustee ATTEST: ce 0 � ecretary, Board o ru s s c:\wpfiles\ju6addend-1.cros\kh 2 April 10, 1995 5,e-/7 + City of Southlake,Texas MEMORANDUM (116,.., June 2, 1995 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: Authorizing the Mayor to execute professional services contracts with Cheatham and Associates for the preparation of legal descriptions and exhibits for Community Development Block Grant projects in Oak Hill Mobile Estates Addition and Sutton Place As you may recall during previous CDBG discussions,we have recently received confirmation that Sutton Place and Oak Hill Mobile Estates have been approved as qualified target areas under the CDBG grant program. We are bringing this item forward for Council direction at this time due to the need to acquire needed R.O.W. or easements prior to submittal of the 1996 CDBG application, typically in January. We need to proceed with the required research and exhibit preparation as early as possible so that we will have an eligible CDBG project this upcoming year. Following you will find an approximate schedule for proceeding with the necessary research and R.O.W. acquisition prior to submitting the 1996 application. TIMING OF IMPROVEMENTS: The construction of water, sewer, streets and drainage improvements for both additions will be a multi-year implementation due to the limitations in annual funding provided by the program. The engineering staff feels that it is likely that the S2A sewer line will be in place and in service prior to the N-1 (McMahan) sewer line and this would make it more feasible to construct improvements in Sutton Place first. Our estimation of phasing at this point, pending level of interest by target area owners,would be as follows: CDBG CDBG CITY YEAR PROJECT PARTICIPATION PARTICIPATION NA R.O.W./Easement Preparation- Sutton Place (FY 1995-96) 0 12,440 NA R.O.W./Easement Preparation- Oak Lane(FY 1995-96) 0 21,835 1996 Sutton Place - Sanitary Sewer 131,745 0 1997 Sutton Place - Water Improvements 86,720 0 1998 Sutton Place - Streets and Drainage 140,000 82,307 1999 Oak Lane - Sanitary Sewer(possibly 2 year project) 130,000 103,330 2000 Oak Lane - Water Improvements 112,225 0 2001 Oak Lane - Streets and Drainage 145,000 75,797 (me BUDGET IMPLICATIONS: These projects, although funded mostly by the County, will still _ require expenditures on the part of the City. In effect, we would be leveraging a small amount to y5-) { City of Southlake,Texas gain a greater benefit. As shown in the previous chart, R.O.W. and easement preparation would come from FY 1995-96 funds. This would be funded by the Utility Fund. The chart also shows that there may be City participation required above and beyond the CDBG allocation to do a certain portion of the project. Some additional phasing or staged construction might be pursued which would lower or reduce the City participation amount. Any costs of acquiring the needed easements would also be a cost to the City, outside the CDBG funding. Public works staff will incorporate these costs into future budgets for your consideration. Please keep in mind that all of these stages and costs for the program improvements are rough estimates at this time. We will be back before Council to receive direction many times regarding these projects as well as discussing the costs during the budget review sessions. PROCESSING: Staff will need to coordinate some neighborhood meetings as soon as possible to discuss the CDBG opportunities for improvements with the citizens in the targeted areas. We intend to describe the program and the timing of the improvements. OTHER ISSUES: There are some ancillary issues which we are aware of but have not resolved at this time. The City of Keller is currently providing water service to the residents in Sutton Place. There may need to be some type of buy-out for Keller to transfer these accounts. Oak Lane is being served by a private water system(CCN Number 11566)owned by a Mr. McKee. We are unsure at this time what his position will be with regard to the proposed CDBG improvements. We will forward you information pertaining to these issues as we resolve them. Please feel free to call me if you have any questions. GL/ls enc: Professional service contract for Oak Lane Professional service contract for Sutton Place Engineer's Estimates for Sutton Place Engineer's Estimates for Oak Lane cc: Bob Whitehead Lou Ann Heath Ron Harper Eddie Cheatham Tom Elgin G:\W PF\PROJECTS\CDB G96\CC-1.RE V CHEATHAM AND ASSOCIATES May 9, 1995 Mr. Greg Last Community Development Director City of Southlake 667 N. Carroll Avenue Southlake, TX 76092 Re: Proposal for Professional Services in Connection with Preparation of Legal Descriptions and Exhibits for All Tracts within Sutton Place CONSULTANT'S UNDERSTANDING: The City of Southlake is proposing to extend water lines, construct a sanitary sewer system, and reconstruct the street in the Sutton Place Addition. (of The City has requested that the consultant prepare legal descriptions and accompanying exhibits for all tracts in the addition to be used as right-of-way and/or easements for the proposed construction. SCOPE OF SERVICES: The scope of services consist of performing all necessary field work, deed research, office computations, and preparation of a complete legal document to be filed at the courthouse once the property owners agree and sign the documents. A legal document either for dedication of right-of-way, or an easement, will be prepared for all tracts upon which proposed water, sewer, street or drainage improvements are to be constructed. Finally, the new right-of-way will be located in the field by placing iron pins at all property lines to deliniate the right-of-way. The scope of services includes only the tracts within Sutton Place Addition, and does not include any field work or legal descriptions for property off-site of the Sutton Place Addition. Once the location of off-site improvements has been determined, the field work and legal descriptions can be performed under a separate agreement for services. Generally, the placement of iron pins on property lines leads to conflicts on a portion of properties. This is due to neighbors who disagree as to the actual property line location. We anticipate some conflicts, which we will assist in resolving, and therefore the estimated hours for field work, setting iron pins, may seem to be excessive. However, only the actual time required to set the property pins will be billed. ENGINEERS • PLANNERS • SURVEYORS A Subsidiary Firm of Si �c fanning and Design, Inc. 1601 E. Lamar Blvd. • : Arlington,Texas 76011 817/548-0696 • Metro 403-5536 •Fax 817/265-8532 C.., Mr. Greg Last May 9, 1995 City of Southlake Page 2 FINAL PRODUCT: We will provide legal descriptions and accompanying exhibits for all tracts in Sutton Place where necessary for proposed improvements to be constructed. SCHEDULE: We will provide the documents within 120 days after authorization-Ttcrpr©ceed lasbeen given. FEE: Our fee for the above services shall be on an hourly basis not to exce-. $12,440.00. T,e attached hourly rate schedule shall be used to compute the fee based Ion the actual number f hours expended. We have enclosed on the following page, a cost break-down of the estima -. ;gut and corresponding fee, we feel is necessary to accomplish the scope of work of this project. If this proposal meets with your approval, please sign below and return a copy to our office. Respectfully, (how. Eddie Cheatham, P.E. F:\WORD\PROPOSA L\SOUTH LAK\SUTTON.LEG AUTHORIZATION TO PROCEED Accepted this day of 1995 By: Title: Firm: L Mr. Greg Last May 9, 1995 City of Southlake Page 3 SUTTON PLACE (27 LOTS) Breakdown of Fee for Services Based upon Estimated Hours Required Field Work 32 Hours @ $75.00 $2,400.00 (Gathering Existing Property Descriptions) Court House Deed Research 16 Hours @ $55.00 $880.00 CAD Technician 56 Hours @ $65.00 $3,640.00 Staff Engineer Review 8 Hours @ $75.00 $600.00 Professional Surveyor 24 Hours @ 75.00 $1,800.00 Clerical 16 Hours @ $45.00 $720.00 Field Work 32 Hours @ $75.00 $2,400.00 (Setting Iron Pins on New Right-of-Way) (111•• TOTAL $12,440.00 Mr. Greg Last May 9, 1995 City of Southlake Page 4 FEE SCHEDULE Professional fees for studies and reports are calculated using hourly ratees which include all wages, benefits, overhead and profit. The fees include all incidental costs and expenses (except where specifically noted), including all travel, out-of-pocket expenses, drafting, telephone, typing, etc., plus direct expenses times a handling multiplier. The fees proposed for this project are based on the hours estimated for each phase of the project times hourly rates. The following is the current rate schedule used to calculate job fees: Principal Engineer $90.00 Registered Engineer $75.00 - Registered Surveyor $75.00 Staff Engineer $70.00 CAD Technician $65.00 Technician $55.00 (me Construction Inspector $45.00 Drafter $45.00 Clerical/Technical Typist $45.00 4 Man Survey Crew $85.00 3 Man Survey Crew $75.00 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. L CHEATHAM AND ASSOCIATES May 9, 1995 Mr. Greg Last Community Development Director City of Southlake 667 N. Carroll Avenue Southlake, TX 76092 Re: Proposal for Professional Services in Connection with Preparation of Legal Descriptions and Exhibits for All Tracts within Oak Lane Addition CONSULTANT'S UNDERSTANDING: The City of Southlake is proposing to extend water lines, construct a sanitary sewer system, and reconstruct the street in the Oak Lane Addition. The City has requested that the consultant prepare legal descriptions and accompanying exhibits for all tracts in the addition to be used as right-of-way and/or easements for the proposed construction. SCOPE OF SERVICES: The scope of services consist of performing all necessary field work, deed research, office computations, and preparation of a complete legal document to be filed at the courthouse once the property owners agree and sign the documents. A legal document either for dedication of right-of-way, or an easement, will be prepared for all tracts upon which proposed water, sewer, street or drainage improvements are to be constructed. Finally, the new right-of-way will be located in the field by placing iron pins at all property lines to deliniate the right-of-way. The scope of services includes only the tracts within Oak Lane Addition, and does not include any field work or legal descriptions for property off-site of the Oak Lane Addition. Once the location of off-site improvements has been determined, the field work and legal descriptions can be performed under a separate agreement for services. Generally, the placement of iron pins on property lines leads to conflicts on a portion of properties. This is due to neighbors who disagree as to the actual property line location. We anticipate some conflicts, which we will assist in resolving, and therefore the estimated hours (w, for field work, setting iron pins, may seem to be excessive. However, only the actual time required to set the property pins will be billed. ENGINEERS • PLANNERS • SURVEYORS A Subsidiary Firm of' 7 Planning and Design, Inc. 1601 E. Lamar Blvd - • Arlington,Texas 76011 817/548-0696 •Met Lew-a636 •Fax 817/265-8532 (meMr. Greg Last May 9, 1995 City of Southlake Page 2 FINAL PRODUCT: We will provide legal descriptions and accompanying exhibits for all tracts in Oak Lane where necessary for proposed improvements to be constructed. SCHEDULE: We will provide the documents within 120 days after authorization to proceed has been given. _.. FEE: Our fee for the above services shall be on an hourly basis not to.-eceed $21,835.00. The_-- attached hourly rate schedule shall be used to compute the fee ts.e...d....ffin.t1_,_n.a_c.... .ajdaunI6er of hours expended. We have enclosed on the following page, a cost break-down of the estimated time, and corresponding fee, we feel is necessary to accomplish the scope of work of this project. If this proposal meets with your approval, please sign below and return a copy to our office. Respectfully, (10e Eddie Cheatham, P.E. F:\WORD\PROPOSAL\SOUTHLAK\OAKLANE.LEO AUTHORIZATION TO PROCEED Accepted this day of 1995 By: Title: Firm: Mr. Greg Last May 9, 1995 (ibie City of Southlake Page 3 OAK LANE (56 LOTS) Breakdown of Fee for Services Based upon Estimated Hours Required Field Work 40 Hours @ $75.00 $3,000.00 (Gathering Existing Property Descriptions) Court House Deed Research 16 Hours @ $55.00 $880.00 CAD Technician 135 Hours @ $65.00 $8,775.00 Staff Engineer Review 12 Hours @ $75.00 $900.00 Professional Surveyor 36 Hours @ 75.00 $2,700.00 Clerical 24 Hours @ $45.00 $1,080.00 Field Work 60 Hours 0-$75"00-- $4,50 (Setting Iron Pins on New Right-of-Way) IOTA $21,835:-00 f' L Mr. Greg Last May 9, 1995 City of Southlake Page 4 FEE SCHEDULE Professional fees for studies and reports are calculated using hourly ratees which include all wages, benefits, overhead and profit. The fees include all incidental costs and expenses (except where specifically noted), including all travel, out-of-pocket expenses, drafting, telephone, typing, etc., plus direct expenses times a handling multiplier. The fees proposed for this project are based on the hours estimated for each phase of the project times hourly rates. The following is the current rate schedule used to calculate job fees: Principal Engineer $90.00 Registered Surveyor $75.00 _ - Registered Engineer $75.00 Staff Engineer $70.00 CAD Technician $65.00 Technician $55.00 Construction Inspector $45.00 Drafter $45.00 Clerical/Technical Typist $45.00 4 Man Survey Crew $85.00 3 Man Survey Crew $75.00 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. L 5C -1° L City of Southlake Sutton Place(CDBG Project) Engineer's Project No. 001-934 Date: I. Introduction Sutton Place is a residential subdivision within the City of Southlake that is located within the target area for Texas Department of Community Development Funds (CDBG). II. Scope of Grant Activities The residents of Sutton Place do not have a central sewage collection system or a water supply and distribution system sufficient to provide fire protection or minimum domestic needs. The subdivision is void of hard surfaced or paved roads and it has only minimal drainage. The scope of grant activities to benefit the residents within the target area are as follows: A. Water distribution system improvements. B. Sanitary sewer collection system improvements. C. Street improvements, including paving and drainage. In order to facilitate these improvements, additional right-of-ways and easements must be acquired. III. Preliminary Cost Estimates The preliminary cost estimates differentiate each of the following costs: A. Surveying for street right-of-ways, land parcel acquisition, easements and preparation of exhibits and legal descriptions. B. Water distribution system improvements. C. Sanitary sewer-collection system improvements. D. Street improvements (paving& drainage). E. Engineering cost for preparing construction plans and specifications for each improvements noted(B, C, & D). W:DSO UTHLAK\S UTTON.PLC , 0 7 MAR 0 2 1995 ft CHEATHAM&ASSOCIATES 1601 E. LAMAR BLVD.,SUITE#200 ARLINGTON,TEXAS 76011 817/548-0696 - METRO 817/265-8836 ENGINEER'S ESTIMATE SUTTON PLACE CDBG PROJECT SUMMATION OF PROJECT COSTS JOB NO.001-934 DATE: March 1, 1995 SHEET 1 OF 1 ITEM ITEM DESCRIPTION TOTAL NO. COST I. SURVEYING R.O.W.,EASEMENTS,LEGAL DESCRIPTIONS,EXHIBITS $21,350.00 II. WATER DISTRIBUTION SYSTEM IMPROVEMENTS $86,720.00 III. SANITARY SEWER COLLECTION SYSTEM IMPROVEMENTS $131,745.00 IV. PAVING&DRAINAGE IMPROVEMENTS W/30'F.F.CONC.ST. $222,307.00 TOTAL(ITEM I THROUGH IV) $462,122.00 ALTERNATE PAVEMENT IV-ALT. COSTS WHEN UTILIZING ALTERNATE 24'WIDE HMAC PAVEMENT $141,635.00 TOTAL(ITEM I THROUGH IV-ALT) $381,450.00 • • w,eon (kir' MAR 0 2 1995111.7 • , (me CHEATHAM&ASSOCIATES 1601 E. LAMAR BLVD., SUITE#200 ARLINGTON,TEXAS 76011 817/548-0696 - METRO 817/265-8836 ENGINEER'S ESTIMATE SUTTON PLACE CDBG PROJECT SURVEYING COSTS JOB NO.001-934 DATE: March 1, 1995 SHEET 1 OF 1 ITEM ITEM DESCRIPTION UNIT PLAN UNIT TOTAL NO. QTY. PRICE COST 1. Surveying for street right-of-way,including preparing EA. 27 550.00 $14,850.00. exhibits and legal descriptions for right-of-way acquisition on each lot. 2. Surveying for drainage easements,off-site EA. 6 650.00 $3,900.00 and on-site with exhibits and legal descriptions. 3. Surveying for off-site sanitary sewer easements with EA. 4 650.00 $2,600.00 exhibits and legal description. (Ise • • The following survey cost estimate is for surveying street right-of- TOTAL SURVEYING COST $21,350.00 ways land parcel acquisition, easements and preparation of exhibits and legal descriptions. This estimate is exclusive of const. surveying costs. /suttort mi Lie n • MAR 0 2 1995 L- tlioU CHEATHAM&ASSOCIATES 1601 E.LAMAR BLVD.,SUITE#200 ARLINGTON,TEXAS 76011 817/548-0696 - METRO 817/265-8836 ENGINEER'S ESTIMATE SUTTON PLACE CDBG PROJECT WATER DISTRIBUTION SYSTEM COST ESTIMATE JOB NO.001-934 DATE: March 1,1995 SHEET 1 OF 1 ITEM ITEM DESCRIPTION UNIT PLAN UNIT TOTAL NO. QTY. PRICE COST 1. 8"PVC C-900,DR-18 WATER LINE L.F. 550 24.00 $13,200.00 2. 6"PVC C-900,DR-18 WATER LINE L.F. 1280 21.50 $27,520.00 3. 8"GATE VALVE WNALVE BOX EA. 2 800.00 $1,600.00 4. 6"GATE VALVE WNALVE BOX EA. 2 550.00 $1,100.00 • 5. 6"FIRE HYDRANT W/6"GV ASSEMBLY EA. 4 1400.00 $5,600.00 6. 1"SHORT SERVICE W/METER&BOX EA. 13 500.00 $6,500.00 —7. 1"LONG SERVICE W/METER&BOX EA. 14 600.00 $8,400.00 8. EROSION CONTROL SYSTEM L.S. 1 1000.00 $1,000.00 9. CONNECTION TO EXISTING 12"WATER LINE EA. 2 - 700.00 $1,400.0CT 10. DRIVEWAY REPAIR&STREET REPAIR L.F. 800 8.00 $6,400.00 (00, TOTAL EST.CONST.COST $72,720.00 Note: Sutton Place is presently served by a private water ENGINEERING COSTS $8,000.00 system. It is undetermined if acquisition to CCN rights or SURVEYING COSTS $6,000.00 if acquisition cost would be applicable. TOTAL EST.PROJECT COST $86,720.00 ISUTTON Lie riTri(75)17, 11) - MAR 0 2 .i995 CHEATHAM&ASSOCIATES 1601 E. LAMAR BLVD.,SUITE#200 ARLINGTON,TEXAS 76011 817/548-0696 - METRO 817/265-8836 SUTTON PLACE CDBG PROJECT SANITARY SEWER COLLECTION SYSTEM JOB NO.001-934 DATE: March 1,1995 SHEET 1 OF 1 ITEM ITEM DESCRIPTION UNIT PLAN UNIT TOTAL NO. QTY. PRICE COST 1. 8"PVC SDR-35 SANITARY SEWER 0'-6' L.F. 850 19.00 $16,150.00 2. 6"PVC SDR-35 SANITARY SEWER 0'-6' L.F. 1350 16.50 $22,275.00 3. 4'DIA.STANDARD MANHOLE EA. 7 1200.00 $8,400.00 4. •EXTRA DEPTH MANHOLE V.F. 6 120.00 $720.00 *5. 4"SANITARY S.S.SERVICE(LONG)W/CON TO HSE. EA. 14 2100.00 $29,400.00 *6. 4"SANITARY S.S.SERVICE(SHORT)W/CON TO HSE. EA. 13 1600.00 $20,800.00 7. DRIVEWAY&STREET REPAIRS L.F. 1400 8.00 $11,200.00 8. TRENCH SAFETY L.F. 2200 . 1.50 $3,300.00 • 9. EROSION CONTROL LS. 1 1500.00 $1,500.00 L TOTAL EST.CONST.COST $113,745.00 These items include 4"private gravity service line& ENGINEERING COSTS $12,000.00 connection to existing house outlet,prior to discharge into SURVEYING COSTS $6,000.00 existing septic tank. Cost estimate also includes filling existing septic tank. TOTAL EST.PROJECT COST $131,745.00 %sun. . t • HAR 0 2 1-395 • ' - • CHEATHAM&ASSOCIATES 1601 E. LAMAR BLVD.,SUITE#200 ARLINGTON,TEXAS 76011 817/548-0696 - METRO 817/265-8836 ENGINEER'S ESTIMATE SUTTON PLACE CDBG PROJECT PAVING&DRAINAGE IMP.(30'WIDE CONC.PAVEMENT FACE TO FACE OF CURB) JOB NO.001-934 DATE: March 1, 1995 SHEET 1 OF 1 ITEM ITEM DESCRIPTION UNIT PLAN UNIT TOTAL NO. QTY. PRICE COST 1. R.O.W.PREPARATION CLEARING&GRUBBING L.S. 1 10000.00 $10,000.00 2. STREET EXCAVATION UNCLASSIFIED C.Y. 3000 5.00 $15,000.00 3. 6"COMP.DEPTH SUBGRADE CEMENT STABL. S.Y. 5566 2.50 $13,915.00 4. CEMENT FOR STABILIZED SUBGRADE TONS 100 80.00 $8,000.00 5. 30'WIDE(F TO F)5"THICK REINF.CONC. S.Y. 5036 22.00 $110,792.00 6. 10'CURB INLET EA. 2 2000.00 $4,000.00 7. 24"DIA.CLIII RCP L.F. 40 45.00 $1,800.00 8. CONC.DRAINAGE FLUME 5"THICK S.F. 2850 8.00 $22,800.00 9. EROSION CONTROL SYSTEM L.S. 1 2000.00 $2,000.00 10. DRIVEWAY REPAIR GRAVEL L.S. 1 6000.00 $6,000.00 L TOTAL EST.CONST.COST $194,307.00 Note: Street pavement to incorporate a roll type curb. ENGINEERING COSTS $21,000.00 SURVEYING COSTS $7,000.00 TOTAL EST.PROJECT COST $222,307.00 tsunon nr7n FPTDIT-I1 E.: II i MAR 0 2 1995 (i 5Zx.(i° - - L CHEATHAM&ASSOCIATES 1601 E. LAMAR BLVD.,SUITE#200 ARLINGTON,TEXAS 76011 817/548-0696 - METRO 817/265-8836 ENGINEER'S ESTIMATE SUTTON PLACE CDBG PROJECT ALT.PAVING&DRAINAGE IMP.(24'WIDE HMAC W/SHALLOW SWALE) JOB NO.001-934 DATE: March 1, 1995 SHEET 1 OF 1 ITEM ITEM DESCRIPTION UNIT PLAN UNIT TOTAL NO. QTY. PRICE COST 1. R.O.W.PREPARATION CLEARING&GRUBBING L.S. 1 10000.00 $10,000.00 2. STREET EXCAVATION UNCLASSIFIED S.Y. 2000 5.00 $10,000.00 3. 6"COMP.DEPTH SUBGRADE CEMENT STABL. S.Y. 4690 2.50 $11,725.00 4. CEMENT FOR STABILIZED SUBGRADE TON 84 80.00 $6,720.00 5. 24'WIDE, 3"THICK HMAC S.Y. 4025 10.00 $40,250.00 6. 24"DIA.CLIII RCP L.F. ' 40 45.00 $1,800.00 7. CHANNEL EXCAVATION C.Y. 60 A 9.00 $540.00 8. GRAVEL FOR DRIVEWAY&STREET REPAIR L.S. 1 5400.00 $5,400.00 9. EROSION CONTROL SYSTEM L.S. V 1 2000.00 $2,000.00 •10. 2"WIDE CONC.PAVEMENT RETAINER/HEADER S.F. 5700 6.00 $34,200.00 • TOTAL EST.CONST.COST $122,635.00 *This item is a 2'wide x 8"thick concrete pavement retainer ENGINEERING COSTS $13,000.00 header that will be located on each side of the 24'wide SURVEYING COSTS $6,000.00 asphalt street. TOTAL EST.PROJECT COST $141,635.00 7PiTr8110 nr7 L , {)., , 1;\6) , _ - 77 L/ CITY ' OF ELLER T CITY OF ),... ::'� SOUTHLAKE I I __Z '? 1 .-Li- ce W 6A— \\J Q I Q city S-2 sewed SCALE 1 =200 Z main extension U 00 }- M DRAINAGE // ~ o FLUME - ` RLAND TR. `_I I I Cr) z o PROPOSED 8" DIA. SDR-35 �' SANITARY SEWER I :I \J \ ' \ J ES _ oz i LEGEND - 1 ;H I a .:] Proposed Sanitary Sewer Line 1C) FH lir ICI_- :::: Proposed Water Line I ■ IProposed Drainage Structure I 8"4 W.L. ).--( ill .. , Proposed Street Improvements P. 8" It Fl W TER LINE ELEVATED STORAGE Ic0H N D ' ,S, ] f 1 0 z UM TRAIL J CITY OF SOUTHLAKE 0 CMG PROJECT EXHIBIT SUTTON PLACE 001-934 L City of Southlake Oak Hill Mobile Home Park Engineer's Project No. 001-935 Date: I. Introduction Oak Hill Mobile Home Park is a residential subdivision within the City of Southlake that is located within the target area for Texas Department of Community Development Funds (CDBG). II. Scope of Grant Activities The residents of Oak Hill Mobile Home Park do not have a central sewage collection system or a water supply and distribution system sufficient to provide fire protection or minimum domestic needs. The subdivision is in need of paved surfaced roads with adequate drainage. The scope of grant activities to benefit the residents within the target area are as follows: A. Water distribution system improvements. B. Sanitary sewer collection system improvements. C. Street improvements, including paving and drainage. In order to facilitate these improvements, additional right-of-ways and easements must be acquired. III. Preliminary Cost Estimates The preliminary cost estimates differentiate each of the following costs: A. Surveying for street right-of-ways, land parcel acquisition, easements and preparation of exhibits and legal descriptions. B. Water distribution system improvements. C. Sanitary sewer collection system improvements. D. Street improvements (paving&drainage). E. Engineering cost for preparing construction plans and specifications for each improvements noted(B, C, & D). W:\SO UTHLAK\O A KHI LL.PLC 7;3E L CHEATHAM&ASSOCIATES 1601 E. LAMAR BLVD.,SUITE#200 ARLINGTON,TEXAS 76011 817/548-0696 - METRO 817/265-8836 ENGINEER'S ESTIMATE OAK HILL MOBILE HOME PARK CDBG PROJECT SUMMATION OF PROJECT COSTS JOB NO.001-935 DATE: March 1, 1995 SHEET 1 OF 1 ITEM ITEM DESCRIPTION TOTAL NO. COST I., SURVEYING R.O.W.,EASEMENTS,LEGAL DESCRIPTIONS,EXHIBITS $29,100.00 II. WATER DISTRIBUTION SYSTEM IMPROVEMENTS $112,225.00 III. SANITARY SEWER COLLECTION SYSTEM IMPROVEMENTS $233,330.00 • IV. PAVING&DRAINAGE IMPROVEMENTS W/30'F.F.CONC.ST. $311,810.00 TOTAL(ITEM I THROUGH IV) $686,465.00 (kW ALTERNATE PAVEMENT IV-ALT. COSTS WHEN UTILIZING ALTERNATE 24'WIDE HMAC PAVEMENT $220,797.00 TOTAL(ITEM I THROUGH IV-ALT) $595,452.00 • bakhill (kW -677-nr77 977)1 r AR 0 2 1995 + 1 (ow CHEATHAM&ASSOCIATES 1601 E. LAMAR BLVD., SUITE#200 ARLINGTON,TEXAS 76011 817/548-0696 - METRO 817/265-8836 ENGINEER'S ESTIMATE OAK HILL MOBILE HOME PARK CDBG PROJECT SURVEYING COSTS JOB NO.001-935 DATE: March 1, 1995 SHEET 1 OF 1 ITEM ITEM DESCRIPTION UNIT PLAN UNIT TOTAL NO. QTY. PRICE COST 1. Surveying for street right-of-way,including preparing EA. 56 450.00 $25,200.00 exhibits and legal descriptions for right-of-way acquisition on each lot 2. Surveying for drainage easements,off-site EA. 2 650.00 $1,300.00 and on-site with exhibits and legal descriptions. 3. Surveying for off-site sanitary easements with EA. 4 650.00 $2,600.00 exhibits and legal description. (1111wr • The following survey cost estimate is for surveying street right-of- TOTAL SURVEYING COST $29,100.00 ways land parcel acquisition, easements and preparation of exhibits and legal descriptions. This estimate is exclusive of const. surveying costs. /sutton r3T ' : Lir ii,r".!i 2 1395 ! (kw CHEATHAM&ASSOCIATES 1601 E. LAMAR BLVD.,SUITE#200 ARLINGTON,TEXAS 76011 817/548-0696 - METRO 817/265-8836 ENGINEER'S ESTIMATE OAK HILL MOBILE HOME PARK CDBG PROJECT WATER DISTRIBUTION SYSTEM COST ESTIMATE JOB NO.001-935 DATE: March 1, 1995 SHEET 1 OF 1 ITEM ITEM DESCRIPTION UNIT PLAN UNIT TOTAL NO. QTY. PRICE COST 1: 6"PVC C-900,DR-18 WATER LINE L.F. 2250 21.50 $48,375.00 2. 6"GATE VALVE WNALVE BOX EA. 3 550.00 $1,650.00 3. 6"FIRE HYDRANT W/6"GV ASSEMBLY EA. 5 1400.00 $7,000.00 4. 1"SHORT SERVICE W/METER&BOX EA. 30 500.00 $15,000.00 5. 1"LONG SERVICE W/METER&BOX EA. 26 600.00 $15,600.00 6. EROSION CONTROL SYSTEM L.S. 1 1000.00 $1,000.00 7. CONNECTION TO EXISTING 8"WATER LINE EA. 2 500.00 $1,000.00 8. DRIVEWAY&STREET REPAIR L.F. 70Q 8.00 $5,600.00 Lie • TOTAL EST.CONST.COST $95,225.00 Note: It is undetermined if CCN acquisition rights or ENGINEERING COSTS $11,000.00 acquisition cost would be applicable for the existing water SURVEYING COSTS $6,000.00 system presently serving Oak Hill Mobile Home Park. TOTAL EST.PROJECT COST $112,225.00 /oakha . ••' L CHEATHAM&ASSOCIATES 1601 E.LAMAR BLVD.,SUITE#200 ARLINGTON,TEXAS 76011 817/548-0696 - METRO 817/265-8836 OAK HILL MOBILE HOME PARK CDBG PROJECT • SANITARY SEWER COLLECTION SYSTEM JOB NO.001-935 DATE: March 1, 1995 SHEET 1 OF 1 ITEM ITEM DESCRIPTION UNIT PLAN UNIT TOTAL NO. QTY. PRICE COST 1. 6"PVC SDR-35 SANITARY SEWER 0-6 L.F. 3535 16.50 $58,327.50 2. 4'DIA.STANDARD MANHOLE EA. 12 1200.00 $14,400.00 *3. 4"SANITARY S.S.SERVICE(LONG)W/CON TO HSE. EA. 30 2100.00 $63,000.00 "4. 4"SANITARY S.S.SERVICE(SHORT)W/CON TO HSE. EA. 26 1600.00 $41,600.00 5. DRIVEWAY&STREET REPAIRS L.F. 2400 8.00 $19,200.00 6. TRENCH SAFETY L.F. 3535 1.50 $5,302.50 7. EROSION CONTROL L.S. 1 1500.00 $1,500.00 (NW TOTAL EST.CONST.COST $203,330.00 These items include 4"private gravity service line& ENGINEERING COSTS $22,000.00 connection to existing house outlet,prior to discharge into SURVEYING COSTS $8,000.00 existing septic tank. Cost estimate also includes filling existing septic tank. TOTAL EST.PROJECT COST $233,330.00 Noaktull 0 i - 9 199 5 I LbLt01--- : • . Cr' CHEATHAM&ASSOCIATES 1601 E. LAMAR BLVD.,SUITE#200 ARLINGTON,TEXAS 76011 817/548-0696 - METRO 817/265-8836 ENGINEER'S ESTIMATE OAK HILL MOBILE HOME PARK CDBG PROJECT PAVING&DRAINAGE IMP.(30'WIDE CONC.F-F PAVEMENT) JOB NO.001-935 DATE: March 1, 1995 SHEET 1 OF 1 ITEM ITEM DESCRIPTION UNIT PLAN UNIT TOTAL NO. QTY. PRICE COST 1. R.O.W.PREPARATION CLEARING&GRUBBING L.S. 1 18000.00 $18,000.00 2. STREET EXCAVATION UNCLASSIFIED C.Y. 5000 5.00 $25,000.00 3. 6"COMP.DEPTH SUBGRADE W/CEMENT STABL S.Y. 8500 2.50 $21,250.00 4. CEMENT FOR STABILIZATION TONS 152 80.00 $12,160.00 5. 30'WIDE(F TO F)5"THICK REINF.CONC.PAVEMENT S.Y. 7750 22.00 $170,500.00 6. 10'CURB INLET EA. 2 2000.00 $4,000.00 7. 24"DIA.CLIII RCP L.F. 40 45.00 $1,800.00 8. CONC.DRAINAGE FLUME 5"THICK S.F. 2200 8.00 $17,600.00 9. EROSION CONTROL SYSTEM L.S. 1 2000.00 $2,000.00 10. CONCRETE DRAINAGE STRUCTURE HDWL EA. 2 1500.00 $3,000.00 (Or" TOTAL EST.CONST.COST $275,310.00 ENGINEERING COSTS $27,000.00 SURVEYING COSTS $9,500.00 TOTAL EST.PROJECT COST $311,810.00 1'17(7)rionn. 171:AP, 0 2 1995 . : FT f r IL Le _ CHEATHAM&ASSOCIATES 1601 E.LAMAR BLVD.,SUITE#200 ARLINGTON,TEXAS 76011 817/548-0696 - METRO 817/265-8836 ENGINEER'S ESTIMATE OAK HILL MOBILE HOME PARK CDBG PROJECT ALT. PAVING&DRAINAGE IMP.(24'WIDE HMAC W/SHALLOW SWALE) JOB NO.001-935 DATE: March 1, 1995 SHEET 1 OF 1 ITEM ITEM DESCRIPTION UNIT PLAN UNIT TOTAL NO. QTY. PRICE COST 1. R.O.W.PREPARATION CLEARING&GRUBBING L.S. 1 18000.00 $18,000.00 2. STREET EXCAVATION UNCLASSIFIED S.Y. 3000 5.00 $15,000.00 3. 6"COMP.DEPTH SUBGRADE CEMENT STABL. S.Y. 6750 2.50 $16,875.00 4. CEMENT FOR STABILIZED SUBGRADE TON 120 80.00 $9,600.00 5. 24'WIDE, 3"THICK HMAC S.Y. 6000 10.00 $60,000.00 6. 24"DIA.CLIII RCP L.F. 40 45.00 $1,800.00 7. CHANNEL EXCAVATION C.Y. 58 4 9.00 $522.00 8. GRAVEL FOR DRIVEWAY REPAIR L.S. 1 6000.00 $6,000.00 9. EROSION CONTROL SYSTEM L.S. 1 2000.00 $2,000.00 *10 2'WIDE CONC.PAVEMENT RETAINER/HEADER S.F. 10000 6.00 $60,000.00 11. CONCRETE DRAINAGE STRUCTURE HDWL. EA. 2 1500.00 $3,000.00 Lr" _____ • • TOTAL EST.CONST.COST $192,797.00 "This item is a 2'wide x 8"thick concrete pavement ENGINEERING COSTS $21,000.00 retainer/header that will be located on each side of the SURVEYING COSTS $7,000.00 24'wide asphalt street. TOTAL EST.PROJECT COST $220,797.00 bakhill E . MAR 0 ` 1995 ' I I ( 1 H P / ' / PHEASANT LANE J / I 1 ♦ . 1 I I SCALE 1"=200' LEGEND MH _ — —0_ _ — Proposed Sanitary Sewer Line w FH D z Proposed Water Line ui > ■ a Proposed Drainage Structure iX-.!i Yify�t iii Si:Yri.Y•i:::+'�'i�+�•ifif4li�SL��-F.L•�/tif'�4� J �iv1 4 4 i!ifis!}iih`•NM.{:fr4•r4l:a i' r%:f.% {rirrrf�l4�l�! Y�r rt5{.f --I .rr7.r.:�.?f4ilS rrr:r.:::'r:f•::4:....-�:.lir'>'�,�.rr.':.;:,{<:S. Proposed Street Improvements o PROPOSED 6' DIA. C-900 DR-18 PVC WATER ,LINE o z h cr • 0Z x0 I me,-- +�_ CAKLANE NORTH u, is 5.4:?4?S?S:f.>r.ri:F,:;•7.f�Y{4ifiri rr'?' /-i'"' :a.Yfvn�'— ..i.o" :-f Z Z •� _ Al.'s- $ _..,Y't'„:6k. r4• Q. `�?r' CC W a -xisting 8" PRO.OSE 1 6" DIA. SDP-35 SAN TAR SEI ER `: / c�N o water line if -w P U) Q z •AK NE SOU izi <1-.a tr,.:sr «,is. ...3f.•7.7":..:.:.7.f.: ":::. ."$";:""'"-'4;4d .c:r.::`<f fff• ~~ �\, �X< ! \ O W Z LA _ C, _ PROPOSED 6" DIA. C-900 DR-18 PI/C WATER LINE 1'110•t Vs, \.--- r:,,I ,,t _,C-)J ___I r, „ oc „...........c , _____ . 1 , N, .....c .\,, \/.....›,-) N N _..., 1 � J 2 CITY OF SOUTHLAKE 1CDBG PRO OAiK HILL MOBILE HOME PARK- o,_ City of Southlake,Texas MEMORANDUM June 2, 1995 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Engineering Study of Pavement Distress and Failure of Sewer Trenches City of Southlake has along with other cities suffered distressed and failed pavements in these last couple of wet years. Staff has had numerous meetings with soil testing companies, contractors and engineers to fmd a solution. These meetings have been to no avail, as the exact cause of the pavement distress is unknown. However, the known areas of pavement distress are over utility trenches. Those utilities include both sanitary and storm sewers, and in all cases are where the utility is buried deeper than ten feet. It is suspected that the sewer trenches have consolidated thereby causing voids under the pavement. Then when repeated heavy loads cross the pavement above the voids the pavement fails. Because many of the engineering/soil testing companies have working relationships with current developers, we have had a problem fmding a firm to conduct the analysis. The firm of Wiss, Janney, Elstner Associates, Inc., has been highly recommended. The company specializes in construction material evaluation. The attached proposal will specifically address the pavement distress in Timarron Phase I, however, other areas such as Timber Lake Phase I, Southridge Lakes, and Southview will also be studied. A concrete penetrating radar will be used to locate voids under the pavement. The product of this study will be: • "determine the cause(s) of the pavement distress and develop remedial recommendations for the failures; • identify locations where possible additional distress may occur and propose preventative measures to reduce the likelihood of failures at those locations; and • make recommendation for modifications to existing streets design standards and construction procedures to minimize pavement distress in future developments." The estimated total cost is $72,300. Of this total $2,200 in Task 7, Petrographic Studies L (tit.., Curtis E. Hawk, City Manager Engineering Study of Pavement Distress June 1, 1995 Page 2. (analysis of the concrete) is optional and probably will not be used. Four thousand, six hundred dollars ($4,600) is in contingencies, and Task 6, Investigation of Base Course and Subsurface Materials is to be paid for by Timarron. Task 6 cost is $19,800. Therefore, the minimum cost to the City will be $45,700 and maximum of$52,500. Staff would recommend that the City Council authorize the City Manger to enter into a contract with Wiss, Janney, Elstner Associates, Inc. for the Investigation of Pavement Distress. Please place this on the June 6, 1995 City Council meeting. BW/sm Attachment: Proposal wp60\wthead.mem\wiss.pro . . ., Wiss, Janney, Elstner Associates, Inc. 3100 Premier Drive,Suite 200 WJE Irving,TX 75063 Engineers, Architects, Material Scientists (214)550-7777 FAX:(214)550-1189 C J.O.sTOGIIRIOOE OW PFEIFER WO.NNE I.R.CNN PL.POTOMC SA FREEMAN JAJA~NY Y" May 12, 1995 R.C.asnER KJ.(TEASLEY IA SORTS T2 CITAETAN JD.COIEIOI<.OM oENo Mr. Robert R. Whitehead NA KA` DIUNDERMAN Director of Public Works O1 KLEIN DE II'�"wT City of Southlake WI. PEN:NC/° 667 North Carroll Avenue Olt/TlE ' JAL sCAIILON JO.fFNB6nCKEK Southlake,Texas 76092 JP..,1Edpl RNA THE LW.VINCdR WE WHITE Re: Investigation of Pavement Distress at Tunarron Phase I Subdivision • LA WJE No.950562 LA FUCK RN.WM OE JOHNSON SA KAMM Dear Mr.Whitehead:KELLEY . ELL ROOF ILA KOZIOL SA=AUK n KRAUSS Thank you for requesting this proposal from Wiss,Janney, Elstner Associates,Inc. (WJE) to .mess R.K ';II perform an engineering investigation of concrete street pavement failures which have occurred w c.ow in the Timarron Phase I subdivision(Bent Creek)in Southlake. JA MANANEV PA IMAM= ' IL.SWAMIS ME MOOSE IE.IOIKiAiA On March 13,1995,the undersigned representative of WJE was accompanied by Mr.Darwin WS.MOOD AEA OSSORN Cheatham, Public Works Construction Inspector for Southlake,on a brief tour of the above LC.O subdivision to view the typical distressed conditions. The observed distress included areas OP.RENTICHLER T.J.NONE of pavement which had undergone excessive settlement (and possible heave), loss of • SENILS L pavement crown,extensive cracking and faulting,and actual failure. Some previously failed LA BERG A WRITS areas had been repaired. JAL ANDEIYU NA MANSON - - LL S On May 10,1995 we attended a meeting at the City offices to review our previously submitted Al.SLAM proposal and to develop a work plan and schedule to complete this investigation. Present at SA AWNS RA CONKER that meeting were yourself and Mr. Ronald Harper, representing the City of Southlake;Mr. PA COX Steve Yetts, representing Mobile Land Development Corp.;Mr.Jim Hillhouse,representing Alpha Testing, Inc.;and the undersigned representative of WJE. . MA EMMEN EA MEOW INL ARMIES . P.O.NEON`"`Na NULL We understand that the typical pavement section for this subdivision consists of 5 in. of Opa.KAEIE SA IMMIX portland cement concrete, over 6 in. of cement-stabilized base, over compacted native soil. PA PORNO N A mime Pipes in utility trenches are set in crushed stone to the spring line, then covered'with sand MPA AIMMGER LALM to just above the crown,followed by compacted native soil to the bottom of the base course. LISMENPASKI Lµ MARIAM , In this subdivision, the sewer and storm drainage lines are under the roadbed. MA MOROEN Tf.~ET C.PAULSON Because of the widespread pavement failures, the City of Southlake has requested this • IL NEW Al.NOON proposal to perform an engineering investigation of the distress. The focus of our EA.SOCIAL LA AIL I NP/OPCNINCIT investigation is to determine the cause(s) of the pavement distress and develop remedial a•; recommendations for the existing failures;identify locations where possible additional distress JJIIMS.E &( may occur and propose preventative measures to reduce the likelihood of failures at those S.NONNUMENOES T,,,,, locations;and to make recommendations for modifications to existing street design standards AFINUATE0 CONSULS.@RESLER . and construction procedures to minimize pavement distress in future developments. Lk HANSON LT.JINiOVIC CA MONK EL FEMME CTEA CHICAGO DALLAS DENVER HONOLULU PRINCETON SAN FRANCISCO SEATTLE WASHINGTON.O.C. ERLIN,HIME ASSOCIATES DIVISION—AUSTIN AND CHICAGO CHASTAIN DIVISION—ATLANTA D:3 `5 Wiss, Janney, Elstner Associates, Inc. C Mr. Robert R. Whitehead May 12, 1995 Director of Public Works Page 2 SCOPE OF INVESTIGATION WJE proposes that this investigation include the following tasks: Task 1-Program Development and Project Management. Project management and administration will include development of the technical work activities,attendance at meetings and presentations to the City of Southiake and the developer and contractors as requested. Task 2-Review of Southlake's Plans and Specifications and Construction Observations. The City's design details and appropriate sections of the standard specifications will be reviewed. Of particular interest will be the items pertaining to subgrade material requirements; utility and pavement details, including pavement thickness,reinforcement,joint details,and concrete strength;testing and inspection requirements. Site visits will be made to current development projects to observe and document typical construction procedures,including installation of subsurface utilities,subgrade preparation,and pavement construction operations. Task 3-Pavement Condition Survey. A detailed visual survey of the pavement in the Timarron Phase I subdivision will be conducted: The survey will include measurement of pavement profiles in distressed areas, notation of crack locations on street plans,and notation of locations exhibiting faulting,heave or settlement. Any other significant anomalies will also be noted. Task 4-Review of Construction Records. Available records from the City and the developer or their contractors (and subcontractors) for the above subdivision will be reviewed. Documents that will be requested will indude project specific plans and specifications; reports presenting the results of any geotechnical investigations performed for the developer or their contractors; records of construction schedules; compaction test results of initial subgrade preparation and utility trench backfill; and test results of concrete strength and thickness measurements. It is our understanding that copies of requested documents will be provided in a timely manner. Task 5- Ground Penetrating Radar Pavement Survey. Pulse Radar,Inc.,a firm specializing in ground penetrating radar (GPR) will be retained by WJE to perform a non-destructive subsurface survey of the approximate 1.6 miles of pavement in the Tunarron Phase I subdivision. This survey will identify voiding to a depth of approximately 4 ft.below the pavement surface. The information provided by Task 3 and Task 5 will provide a current baseline of the pavement condition at the selected locations. Later surveys, if requested, would be compared to the baseline survey to determine the rate and extent of additional pavement distress and voiding,if any. Task 6-Investigation of Base Course and Subsurface Materials. Alpha Testing, Inc. will be retained by WJE to perform a field investigation and laboratory testing of the base course and underlying subsurface materials. Alpha's field investigation portion of the work will include performing a series of test pits(6)in the existing streets. Test pits would be located in both distressed and non-distressed areas. The test pit portion of the work would consist of removing a narrow section of the existing concrete pavement(approximately 16'x 3')at six different locations and then using a backhoe to discern.the subsoil profile and allow observations of the condition of the backfill and bedding material for the utility lines. During the test pit investigation,selected samples of the subsurface materials would be obtained for future laboratory testing. Other testing in open test pits would include performing density tests on the backfill Wiss, Janney, Elstner Associates, Inc. (01 Mr. Robert R. Whitehead May 12, 1995 Director of Public Works Page 3 as the pits are excavated. Alpha's study will also include laboratory tests to evaluate the classification, gradation and other physical characteristics of the subsurface soils. Task 7-Petrographic Studies of Concrete(Optional). If needed,and approved by the City,petrographic studies will be performed on selected cores removed from the pavement prior to or during Tasks 5 and 6. These studies will be recommended if the concrete quality is considered suspect based on evaluation of construction test results or visual observations of the concrete cores indicate that the concrete quality may be less than specified and may be contributing to the pavement distress. Information obtained from the petrographic studies includes estimates of cement and fly ash content of the concrete,water-cement ratio,aggregate characteristics(normal or abnormal),air content,presence or lack of segregation-during placement and degree of consolidation. Task 8 - Analysis and Report. The information obtained in the above tasks will be analyzed and a written report prepared containing a detailed description of the investigation, presenting the data obtained, our conclusions and recommendations. Recommendations will be presented for remediation of the failed pavement areas, preventative maintenance/remediation of areas that are judged to be substandard and likely to fail, and recommendations for modifications to pavement standards and/or construction procedures to minimize the occurrence of similar problems on future subdivision streets. RECOMMENDED BUDGET We recommend that a budget of$72,300 be provided for this investigation. Attached is a budget estimate by Task. Actual charges for our services will be invoiced on a time and expense basis using our standard hourly rates in effect at the time the services are provided. All services are provided in accordance with our standardTerms and Conditions,dated May 1,1993. Copies of our current fee schedule and the Terms and Conditions are attached. The above budget estimate is based on the City of Southlake, Mobile Land Development or their subcontractors providing for. sawcutting and removal of concrete, traffic and safety control devices (including shoring of trenches as needed), a backhoe and operator, removal of wastes and debris generated during this investigation,identification of the location of all existing utilities,replacement and re-construction of street section,trench backfill,etc.,that would be disturbed during performance of this investigative study. EXPERIENCE AND QUALIFICATIONS WJE is a multi-disciplined firm, specializing in engineering, architecture and construction materials investigations on all types of constructed facilities. We have performed many evaluations of distressed pavements,including the following: 1. East Runway at Randolph Air Force Base. WJE was selected by the Air Force to perform an investigation of joint edge distress at this newly reconstructed 1100 ft. x 200 ft. concrete runway. WJE performed a 100 percent condition survey of the longitudinal and transverse joints for joint edge deterioration and spilling, developed remedial procedures, Wiss, Janney, Elstner Associates, Inc. C Mr. Robert R. Whitehead May 12, 1995 Director of Public Works Page 4 monitored and evaluated trial repairs,observed extensive repairs by the contractor and conducted a one-year post-repair condition survey. 2. South Jones Street Reconstruction,Fort Worth,Texas. WJE performed an investigation of newly reconstructed concrete street paving which exhibited significant cracking when the one-year inspection was performed by the City of Fort Worth. The investigation included a condition survey,review of construction records,petrographic studies of cores removed from the pavement,and sampling and testing of subgrade and subbase materials. Remedial recommendations were developed and presented to the City of Fort Worth. Repairs were made to the pavement based on those recommendations. 3. Alamo Plaza and Adjacent Streets, San Antonio. WJE performed an investigation of the failure of newly constructed flagstone pavement in the plaza and street in front of the Alamo. WJE also investigated the failure(significant rutting)of asphalt pavements on nearby streets which were constructed as part of the same contract. Design and limited construction deficiencies were identified during the investigation and extensive remedial work was performed. 4. American Airlines Maintenance Apron,DFW Airport. WJE investigated the cause of excessive longitudinal cracking which had occurred on new 17 in. thick pavement in front of the American Airlines maintenance hanger at DFW Airport. We also investigated restraint cracking which occurred at the intersections of 2 in. wide expansion joints in the same pavement. The longitudinal cracking was due to inadequate backfill compaction of a large underground sewer pipe. The cracking at joint intersections was due to improper installation of dowels. The investigation resulted in the removal and replacement of several pavement sections and removal of the inadequate pipe trench backfill and replacement with flowable fill. The joint edge distress was corrected by the removal and replacement of 5 ft x 5 ft sections at the joint intersections. Each of the above investigations was performed by and under the direction of Douglas W. Deno,P.E., Senior Consultant and Manager of our Irving based office. Mr. Deno will direct the proposed investigation for Southlake and will be actively involved in the work. He will be assisted by other members of our professional and technical staff as appropriate. Enclosed for your review are copies of professional qualification summaries for Mr.Deno and other staff members who may participate in this investigation. Also endosed are brochures describing the services provided by Wiss, Janney, Elstner Associates and our Erlin,Hime Associates division. Subcontracted services will be provided by appropriately qualified firms. The GPR survey will be provided by Pulse Radar, Inc., a Houston, Texas based company that manufactures the radar data gathering system and provides field survey services. The geotechnical subconsultant is Alpha Testing, Inc.,a Dallas,Texas testing laboratory who's principals are highly knowledgeable of the local geotechnical Wiss, Janney, Elstner Associates, Inc. C Mr. Robert R. Whitehead May 12, 1995 Director of Public Works Page 5 . materials and their behavior. Alpha's laboratories are fully equipped with modern equipment for soil and rock testing and tests are performed by trained qualified technicians in compliance with the applicable specifications. All field and laboratory staff are supervised by professional engineers. We are prepared to begin this work within one week after receiving your authorization to proceed as indicated by your signature below. Please return one original executed copy to us at the address below. It is anticipated that our final report will be completed within 75 days after beginning the pavement condition survey. Verbal progress reports will be presented bi-weekly during the investigation. Thank you for contacting WJE to provide these services to the City of Southlake. If you have any questions about this proposed investigation,please call. Very truly yours, WISS,JANNEY,ELSTNER, ASSOCIATES, INC. iatel / Douglas W. Deno, P.E. Senior Consultant and Branch Manager DWD:ceh Enclosures 950562 Accepted by: Position: For:The City of Southlake,Texas Date: • Summary Lie Budget Estimate Task 1 -Program Development and Project Management Fees: $4,000 Expenses: $ 100 Task 2-Review of Southlake Standard Plans and Specifications and Construction Observations Fees: $2,800 Expenses: $ 400 Task 3-Pavement Condition Survey Fees: $10,300 Expenses: $ 1,200 Task 4-Collection and Review of Construction Records Fees: $3,600 Expenses: $ 200 Task 5-Ground Penetrating Radar Pavement Survey Fecs: $2,000 Expenses: $2,800 Task 6-Investigation of Base Course and Subsurface Materials Fees: $3,800 Expenses: $16,000 Task 7-Petrographic Studies Fees: $2,100 Expenses: $ 100 Task 8-Analysis and Report Fees: $17,700 Expenses: $ 600 Subtotal- Fees: $46,300 Expenses: $21,400 Contingency: $4,600 Total: $72 300 c\files\950562\1512nwAwd W(E 950562-May 12,1995 5 -8 HOURLY TIME CHARGES Professional Staff Per Hour Professional Support Staff Per Hour Senior Consultant $155.00 Senior Specialist $80.00 Consultant $130.00 Specialist $70.00 Senior Engineer $110.00 Senior Technician $55.00 Engineer II $95.00 Technician $45.00 Engineer I $80.00 Junior Technician $35.00 Junior Engineer $55.00 Note: Classifications of professionals in other disciplines. are made by appropriate change of "Engineer". For example, the Senior Engineer classification also applies to Senior Architect, Senior Chemist,etc. C 1/1/95 (10- Wiss, Janney, Elstner Associates, Inc. • STANDARD TERMS AND CONDITIONS Performance Wiss, Janney, Elstner Associates, Inc. (WJE) and its employees will exercise the degree of skill and care expected by customarily accepted practices and procedures.No warranties,expressed or implied,are made with respect to WJE's performance,unless agreed to in writing.WJE is not a guarantor of the project to which its services are directed,and its responsibility is limited to work performed for the client.WJE is not responsible for acts or omissions of the client,nor for third parties not under its direct control.WJE shall not be liable for any reason for any special,indirect or consequential damages including loss of use and loss of profit.WJE may rely upon information supplied by the client engaging WJE, or the contractors or consultants involved, or information available from generally accepted reputable sources,without independent verification. These Standard Terms and Conditions shall continue in full force and effect during, as well as after, the completion or termination of WJE's employment.These Standard Terms and Conditions shall control any conflicting term or condition unless WJE shall agree in writing. WJE shall not have control over or charge of and shall not be responsible for construction means,methods, techniques,sequences or procedures,or for safety precautions and safety programs in connection with the project,since these are solely the responsibility Of others.WJE shall not be responsible for the Contractor's schedules or failure to carry out the project in accordance with contract documents.WJE shall not have control over or charge of acts or omissions of the Contractor,Subcontractors,or their agents or employees,or of any other non WJE persons performing portions of the project. Use of Reports,Drawings,Etc. ,WJE retains ownership of letters,reports,drawings,specifications,test data and notes.These documents or parts thereof may not be reproduced in advertisements,brochures,or sales material,nor used by the client for . • any purpose other than the purpose for which they were prepared,nor by third parties,without the written permission of WJE.Conclusions by WJE based on test results are limited to the specific conditions for which the tests were performed. Proposals Proposals expire 120 days after submission to a client unless a different expiration limit is included in the proposal.WJE may withdraw or modify a proposal at any time prior to acceptance by the client. Fixed Price Contracts Where WJE and the client have agreed to a fixed price contract, the following terms and conditions are specifically excluded:Time Charges,Expenses,Equipment Usage,Affiliated Consultants,and Subcontracted Services.Progress payments will be arranged with the client.Other stated billing terms remain in effect. Time Charges Accrued on an hourly basis,unless other arrangements are established.Minimum time charges of personnel at a job site is 8 hours per day,unless time can be utilized on another job.No increase in rates•for overtime.No charge for out-of-town travel time of professional staff outside of normal 8-hour workday unless time is productive. Technicians may charge up to 2 hours on weekdays for out-of-town travel outside of normal workday,or up to 4.hours per day for out-of-town travel on weekends.Billing rates may be increased annually, after notification to the client. Expenses Public transportation;subsistence and out-of-pocket Cost plus 5% expense incurred during travel;communications; (Invoiced as an Expense Service Fee) reproduction and shipping charges Expended materials for field and laboratory Cost plus 10% investigations; rental equipment;fees advanced (Invoiced as an Expense Service Fee) on client's behalf Company or personal cars $0.35/mi Company trucks or vans $0.60/mi Clients may be charged for the cost of providing copies of receipts or detailed "back-up"information concerning expenses. C • May 1, 1993 Page 1 of 2 (Continued on other side) St>/0 Equipment Usage Approximately equal to 1%of the replacement cost per day,subject to adjustment for minimum or extended usage. (6." Computer Usage Microcomputers (including CAD) $20.00/hr Prime 2755 $0.025 per CPU Sec Time-sharing services Cost plus 10% Affiliated Consultants WJE retains certain consultants as independent contractors, but provides insurance and support services. These consultants are billed at rates equivalent to WJE employees of similar education and professional experience. Subcontracted Services Billed at cost plus 10%if firm has at least$500,000 of Professional/General Liability Insurance,otherwise cost plus 20%. Mark-up not applied to subcontractor's reimbursable expenses, such as a subcontractor's travel expenses. Storage Material samples not consumed in our work may be discarded 30 days after submission of the test report unless the client requests other disposition. Charges may be made, after notification, for extended storage of materials, records, or equipment. WJE will exercise reasonable care in safeguarding materials, records,or equipment,but assumes no liability for loss or damage. Safety Field work of WJE will be performed only under conditions deemed safe by our personnel.Charges may be made for safety or security measures required by hazardous job conditions.WJE is not responsible for the safety of other persons or property. Subpoenas and Court Orders The client is responsible, after notification, for payment of time charges,attorney fees and other expenses resulting from a required response to subpoenas or court orders issued at the request of any party concerning any part of our work.Charges are based on billing rates in effect at the time of our response. • Insurance WJE is protected for general,automobile,workers'compensation and employers'liability coverage by policies written by national insurance carriers rated by the A.M.Best Company.The primary limits are$1,000,000 with a $2,000,000 aggregate on general liability. Excess coverage applies to exposures over$1,000,000. Endorse- ments are not allowed.Coverage is subject to annual renewal.Increased coverage will be sought if requested. However,charges for this additional coverage will be billed to the client. Billing Terms . The firm or individual engaging WJE is responsible for payment of charges unless WJE is notified in writing, prior to the time that the charges are incurred,that the engagement is on behalf of another party.Accumulated charges will be billed in approximately monthly intervals.State and local sales and use tax will be included in the billing if applicable.Payment in full is due upon receipt of the invoice.Invoices which are unpaid 30 days from the invoice date are considered past due and subject to an interest charge at the rate of 11%per month(or at a lower maximum legal rate) plus related attorneys'fees and collection expenses. Suspension of Services If the client fails to make payment when due WJE for services and expenses,WJE may, upon seven days' written notice to the client,suspend performance of services under this Agreement.Unless payment in full is received by WJE within seven days of the date of the notice,the suspension shall take effect without further notice. In the event of a suspension of services,WJE shall have no liability to the client for delay or damage caused the client because of such suspension of services. May 1,1993 Page 2 of 2 C Wiss,Janney,Elstner Associates,Inc. Personnel Qualifications C Douglas W. Deno Branch Manager and Senior Consultant Education St.Joseph's College B.A.Math-Physics, 1963 Purdue University B.S.Civil Engineering 1964 M.S.Civil Engineering 1966 Registration Professional Engineer in Illinois and Texas Prior Experience WJE Experience Professional Activities Mr.Deno was employed for three years at Mr.Deno joined WJE in 1985 as Consult- A Fellow in the American Concrete Insti- the Research and Development Labora- ant and Manager of the Dallas Branch Of- tute,Mr.Deno received the NortheastTexas tories of the Portland Cement Association, fice. He has served as primary investigator Chapter'sSophusThompson ServiceAward where his projects included studies of the on several projects involving concrete ma- in 1984. He has served as a speaker on the effect of cement content and admixtures on terialsandconcreteconstructionprocedures, ACI Seminar Series on"Troubleshooting various concrete properties and bridge deck working closely with WJE's Erlin, Hime Concrete Problems." He has also previ- deterioration.He also worked for one year Associates Division. He haainvestigated ously served on the Board of Directors and as Public Works Engineer in the Midwest- concrete problems involving low strength, is past President of the Northeast Texas ern Region of PCA. cracking and various forms of deterioration Chapter of ACI. He is currently a member and distress. of ACI Committee 232,Fly Ash and Natu- Mr. Deno joined the Construction Prod- ral Pozzolans in Concrete,the Educational ucts Division of W.R.Grace in 1970,pro- In 1989 and 1990,he was project manager Activities Committee and the Convention viding"in-the-field" services to concrete on a major investigation involvingprestressed Committee. admixture users,including ready-mix con- concrete railroad ties. He has also man- crete producers,paving and building con- aged investigations involving masonry dis- Mr.Deno is also an active member of the tractors.He assisted the general contractor tress,water leakage,and building condition American Society for Testing and Materi- of the world's largest parking garage at surveys. als and the Texas Aggregate and Concrete O'Hare Airport as a concrete quality con- Association. He is a member of ASTM trol coordinator. Concrete problems investigated have Subcommittee C09.03.10, Fly Ash, Silica included the non-performance of a large Fume and Slag,and is chairman of ASTM From 1972 through 1984,Mr.Deno held loading dock slab for a beer distributor, Subcommittee C09.03.09, Ready Mix various technical and marketing positions extensive cracking on the floor slab of a Concrete. with General Portland Inc.in Dallas,Texas, large postal facility;an airport runway thick- with responsibility for technical activities in ness and strength deficiency issue,and sev- Throughout his career,Mr.Deno has been support of production and sales efforts re- eral projects involving the failure of tilt-up active in industry educational efforts,con- garding cement, aggregates, fly ash and concrete panels during erection. ducting frequent technical seminars,work- ready-mix concrete. He consulted on con- shops and lectures. crete and masonry construction problems He has also evaluated numerous problems and conducted laboratory and field evalua- on slabs-on-grade,including cracking,low tions of concrete admixtures, fly ash and strength,finishing difficulties and various masonry cements. types of surface failures. . �` —�� 5.91 Wiss,Janney,Elstner Associates,Inc. Personnel Qualifications C Thomas J. Rowe Consultant . Education University of Texas,Austin B.S.Architectural Engineering 1975 Northwestern University M.S.Civil Engineering 1983 .,. la. .. Registration Professional Engineer in Texas Structural Engineer in Illinois (iro" Prior Experience mance behavior of fire damper,electrical fiber reinforced concrete and cement- Mr.Rowe was previously associated with penetration seal and seismic-expansion asbestos board facades. He has also Construction Technology Laboratories, joint systems exposed to fire.Addition- conducted investigations of fire-damaged • the research and contract division of the ally, he performed numerous field concrete and steel structures, including Portland Cement Association (PCA). investigations of concrete, steel and the use ofthrough-transmissionultrason- During this time, he was actively in- masonry structures to identify extent and ics to identify material quality degradation volved in a wide variety of structural and magnitude of fire damage. and internal discontinuities. material evaluations,including a collapse investigationofanelevatedhighwayramp, WJE Experience Publications and nondestructive testing of turbine pedes- Mr.Rowe has been involved in a variety Professional Activities tals and power plant base mats utilizing of analysis, inspection, and laboratory Mr.Rowe has authored papers on struc- low frequency ultrasonic techniques, and field testing of structural systems and tural failures, nondestructive testing strength and serviceability assessments building components. Large-scale field techniques and fire-related research of parking garage structures, and com and laboratory testing activities included projects.He is a member ofthe American prehensive inspection and structural structural integrity verification of nuclear Concrete Institute and the Prestressed analyses of underground tunnels for sub- containment vessels,load response test- Concrete Institute, and has served on way systems. ing ofburied piping,load tests ofconcrete committees related to fire testing and and steel structures and long-term creep performance of building elements. From 1983 to 1986,as Manager of the and shrinkage studies of concrete.Ines- Fire Research Section at PCA,Mr.Rowe tigative work has included structural directedandperformedtestingandanalysis assessment of foundation systems, fail- of various building components to deter- ure analysis of a steel scaffold system, mine fire resistive characteristics. He water tightness and strength determina- performed research to develop analytical tion ofconcrete water tanks,and evaluation procedures for designing cast-in-place and repair of deteriorated and corroded and precast concrete structures for fire. structures. He performed studies to evaluate the effect of epoxy-coated reinforcement on the Mr.Rowe has recently been involved in fire performance of concrete elements; the investigation and restoration of sev- assess residual strength of fire-exposed eral different building cladding systems, concrete columns;and determine perfor- including weathering steel panels,glass 3.94 SD-43 • Erlin Hime Associates A Division ofWiss,Janney,Elstner Associates,Inc. Personnel Qualifications Tom S. Patty Consultant • Xt Education 4. Midwestern State University B.S.Geology-Petrography,1960 University of Texas,Austin M.A.Geology, 1968 Prior Experience Recent projects involving concrete pe- projects in the southwestern U.S.,dat- From 1968 to 1981,Mr.Patty was a re- trography and aggregate studies have ing from the 18th century,including the search geologist and concrete concerned commercial,retail and resi- Alamo Shrine and the San Fernando petrographer for the Materials and dential slabs on grade,elevated slabs, Cathedral in San Antonio. Test Division of the Texas Department parking garages,pre-cast and other ar- of Highways and Public Transporta- chitectural components,facades,stucco Professional Activities tion. He directed the department's systems, grouts, mortars and natural Mr.Patty's professional activities have research in concrete and aggregate pe- building stone. The major application included membership in the American trography and statewide industrial of petrography to concrete is the rela- Society for Testing and Materials mineral resources from the Austin- Lively quick response to questions about (ASTM), serving on committee C09 based laboratory. His studies resulted the identification of constituents in con- Concrete and Concrete Aggregates and in over 25 research and technical pub- crete, such.as reactive aggregates, Subcommittee.02.06(Petrography)for lications for the highway department in reasons for low or variable strengths, several years. Mr.Patty serves on the such fields as engineering properties of characteristics of fire exposed concrete Board of Directors of the Central constructional aggregates,petrography and other problems of unsatisfactory Texas Chapter, American Concrete and microstructure of hardened con- performance. Institute (ACI) and is a member of crete, portland cement concrete and ACI Chapter Activities Committee. asphaltic paving aggregates,skid-resis- Mr.Patty has testified in court cases in- Other memberships and professional tance and polishing characteristics of volving the geologic occurrence, participation include the Geological pavement systems,and identification of engineering properties and behavior of Society of America, the Austin Geo- fly ash and polymer systems in portland aggregates and stone,the performance logical Society, and the Texas cement concrete. of concrete and related construction Aggregates and Concrete Association, materials and serious skin burns caused and he has been associated with the by the handling of wet portland cement American Society of Civil Engineers WJE Experience concrete. and the Transportation Research Mr.Patty has served as a geologist-pe- Board and Annual Highway Geology trographer and as Manager of the In applying petrography to the Symposium. Austin Branch Office of the Erlin, understanding of stone and mortar Hime Associates Division of WJE deterioration,Mr. Patty has consulted since 1981. on numerous historical restoration 5.91 Wiss,Janney,Elstner Associates,Inc.Personnel Qualifications Karl A. Strand Architect/Engineer II • • Education University of Texas at Austin f: B.S.Architectural Engineering 1987 }l Registration Engineer-in-Training, Texas Prior Experience Pe and damage caused by demolition of adja- This work involved development of engi- While attending the University of Texas, cent pavements. His experience has in- neered schemes for stabilization of exist- Mr.Strandwas employed by ILCOR Con- eluded design of repairs,preparation of ing towers,followed by disassembly,res- structiontocoordinatepreparationofcon- repair documents,and inspection of re- toration,and reassembly of the towers in struction documents and drawings. Also, medial construction.He was responsible a phased approach. he was employed as a summer engineer- for on-site observation and documenta- ing intern by John D.Jaquess&Associ- tionduringdeterminationofrunwaypave- Mr.Strand has had extensive involvement ates, a consulting engineering firm in ment thickness at the Dallas/Fort Worth in a Federal Highway Administration- Roswell,New Mexico. Airport, sponsored research program involving laboratory testing of a scale model of a WJE Experience Mr.Strand has been involved in field in- two-span continuous plate girder bridge. Since joining the Dallas branch office of vestigations of various types of architec- His efforts included organization and WJE in 1987, Mr. Strand has been in- tural facade systems. These assignments analysis of data acquired during testing, volved in a wide variety of architectural have included documentation of exten- and preparation of project reports. His and structural investigations.He has con- sive corrosion of weathering steel panels, analytical and testing assignments have ducted condition surveys and nondestruc- deterioration of glass fiber reinforced con- also included structural analyses of rein- tive tests on various structural steel and crete panels,distress of masonry facade forced concrete parkinggarage and office reinforced concrete structures,including elements,spontaneous breakage of tern- structures,steel crane support structures, parking garages,warehouses, retail and pered glass, and deterioration of terra steel roofdecks,suspendedceilingsystem office facilities,and aircraft maintenance cotta panels. Mr.Strand performed an grids,and field testing of concrete anchor structures. extensive investigation of concrete facade bolt systems. Strand has had extensive involvement panel connections at a critical care hospi- Mr. Publications and tal facility,using optical borescope instru- in the investigation of distressed concrete Professional Activities pavements and industrial slabs-on-grade, ments to allow the investigation to be pa- completed from the exterior of the build Mr.Strand has co-authored technical including warehouse floors and loading ing. He has also been involved in the pers in the areas of steel bridge research docks, water treatment basins, and air- and preservation engineering of historic construction administration of several craft hangar aprons. Distress conditions recladding projects. iron structures. investigated by Mr.Strand have included extensive cracking,settlement,and joint Mr.Strand was actively involved in the devel- He is a member of the American Society of deterioration, due to subgrade failures, opment of historic preservation plans for Civil Engineers and the Northeast Texas improper joint design and construction, the Moonlight Towers in Austin,Texas. Chapterof the American Concrete Institute. 3.93 • Wiss,Janney,Elstner Associates,Inc. Personnel Qualifications C Dean Lawrence Groh Specialist Education Alpena Community College,Michigan Associates Applied Science,1979 Prior Experience developing mix designs and maintain- service pre stressed g g p stressed concrete railroad Mr. Groh was employed by Bechtel ing the mix designs with statistical ties. He has assisted in field investi- Power Corporation in 1979 as a qual- evaluation on computer. Mr. Groh gations involving concrete pavers over ity control technician for the became responsible for a technician asphalt,joint distress in airfield pave- construetion of a coal fired power• who assisted him in the quality control ments and tilt-up concrete panel plant in Michigan. He conducted lab testing for asphalt and the aggregate failures. and field testing on concrete, grout, operations. soils, stabilized fly ash and asphalt. Professional Activities Mr. Groh became an assistant field WJE Experience Mr.Groh is a member of the Amer-- engineer with responsibility for coor- Mr. Groh joined the Dallas office of can Concrete Institute and has been dinating concrete delivery to the site, WJE in 1989. He has assisted in the certified as a concrete field testing as well as the testing of the project's inspection of various concrete prob- technician by ACI. He has been cer- construction materials at the on-site lems involving cracking, surface tified by the National Institute for quality control laboratory. defects, low strengths, repair and Certification in Engineering Tech- steel detection. He assisted in the in- nologies as an engineering technician In 1984, Mr. Groh was employed by spection of new window installations in construction materials testing. He Pioneer Concrete of Texas, Inc. as and water leakage testing of in-place also holds a certificate from the quality control manager for their four windows, and in the site documenta- National Ready Mixed Concrete • plant ready mixed concrete operation tion of building collapses and flood Association as a certified concrete in Austin,Texas. He was responsible damaged bridges. He was part of the technologist. for testing,trouble shooting problems, team that performed inspection of in- s • • 5.91 City of Southiake,Texas MEMORANDUM May 12, 1995 TO: Curtis E. Hawk, City Manager FROM: Tom Elgin, Planner SUBJECT: SECOND READING -Driveway Ordinance,Draft No. 6 dated 4/28/95 On May 16, the City Council approved the first reading of the proposed Driveway Ordinance No. 634(draft#5.) Attached is draft#6 of the proposed Driveway Ordinance#634 with revisions requested by City Council from their May 16 meeting. This draft also includes some minor revisions that were recommended by Wayne Olson to eliminate some of the subjectivity of certain standards. The changes are indicated in redline and strikeout format. Also attached is an updated driveway comparison chart with the addition of the Town of Addison standards, the draft summary of transportation concepts from the Corridor Study, and a driveway centerline spacing analysis along William D. Tate Boulevard between SH 114 and Ball Street. Please place this item on the next City Council agenda for their consideration and second reading. TE att: Driveway/Access Control Ordinance Comparison Driveway Ordinance,Draft 6 Draft summary of transportation concepts Driveway centerline spacing analysis cc: Wayne Olson, City Attorney Rod Kelly Dennis Wilson G:IORDIDRIVEWAYIDFT6 MEM.WPD (ow, 74 - I 1 1 (7\ O\ a) = N U Noe g a>i0. c Q N N N C O O ++ ++ ++ 4r d + (L.', N N O v€ tr O O O > to v) ul N N N N N c0i '� fQ, 0 0 0 co 5 U 0 -n o o v, V, Y ❑O it' V ♦ �C �C 4( 0 O 0 cd • ♦ ..-0" 0 Q' f1. N N N in in V) O b 0 Ny U 4 w cn on . 9 A 0 c o a� L �•,... O N N N u i 0 0 0 00 U) � E % C7 U .--� Cr) to In 00 00 10 .-. •-� a l� CCI vElQ E i } O O O cd O b O cal V b o N N N -t Cr) bb O o00 000 00 000CIA) 044 3 'L' U .--' .-. rr to to to ,--, .-+ 0 y . �1 . J ›.....> N co it „S".6• Cl o co 0 o - �' O > Y Y •� a� 0 €.� t '� w. 0 a) vi 3-+V > 0 0 b N Cr) N O O C O O �0 y. Cl) O . �O N N N h O v) O O M O 00o N U 0 x 0 0n. .. 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' "-' 1 1.4 (,. . 1 .: ....„...:, „_______,I. -7----7-1--- ---.-___; P - - • „---- ,`c o it 11 „_;,..�, I. ! .L1, Li cu v oL =3tz .i....* it il �o Cr) . 7A-1`f (.9 DRAFT #6 June 2, 1995 DRIVEWAY ORDINANCE NO. 634 AN ORDINANCE OF THE CITY OF SOUTHLAKE ESTABLISHING CRITERIA AND REGULATIONS FOR THE DESIGN, CONSTRUCTION, LOCATION,SPACING,RELOCATION AND REMOVAL OF DRIVEWAYS; PROVIDING FOR DEFINITIONS; PROVIDING FOR PERMIT REQUIREMENTS; PROVIDING A REVIEW PROCESS; PROVIDING ENFORCEMENT PROCEDURES; 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 (1., adopted by the electorate pursuant to Article XI, Section 5 of the Texas.Constitution and Chapter 9 of the Local Government Code; and WHEREAS,driveway access and design regulation can reduce the number of vehicular accidents by reducing the number of conflicting turning movements; and WHEREAS,driveway access and design regulation can reduce congestion and increase roadway capacity by reducing the number of driveways and approaches; and WHEREAS,driveway access and design regulation can make roadways safer by locating driveways outside of the hazardous areas of intersections; WHEREAS, driveway access and design regulation can increase tax revenues by improving the image of the City of Southlake and attracting new business, industry, and residents, and WHEREAS,the City Council of the City of Southlake has determined that driveway access and design regulation is necessary to adequately protect the public health, safety, and welfare. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: - 1 - ?A-15 DRAFT #6 June 2, 1995 1_0 PURPOSE AND INTENT The purpose of this ordinance is to ensure that property shall be provided safe&efficient vehicular access to or from the public street system,to protect the capacity for handling peak traffic volumes of public streets,to maintain smooth traffic flow, and to maintain street and right-of-way drainage. It is the intent of this ordinance to achieve the following: A. Prohibit the indiscriminate location and spacing of driveways while maintaining reasonable vehicular access to and from the public street system. B. Reduce conflicting turning movements and congestion thereby reducing vehicular accidents. C. Maintain and enhance a positive image for the attraction of new, high quality, residential and nonresidential development in the City. 2_0 DEFINITIONS 2.1 GENERAL RULES: For the purpose of this ordinance,the following rules shall be applied in constructing, interpreting or otherwise defining the terms and provisions hereof: a. Words used in the present tense shall include the future, words used in the singular number shall include the plural number and words used in the plural shall include the singular. • b. The word "shall" is mandatory and the word "may" is permissive. c. "and" "or" "and/or" TO BE SUPPLIED BY CITY ATTORNEY 2.2 DEFINITIONS: For the purpose of this ordinance, certain words or terms applicable hereto are defined as hereinafter provided. Words and terms used in this ordinance,but not defined in this ordinance shall have the meanings ascribed thereto in the Subdivision Ordinance,Zoning Ordinance,Thoroughfare Plan, Landscape Ordinance or other ordinances of the City. Words and terms defined in two ordinances shall be read in harmony unless there exists an irreconcilable conflict in which case the definition contained in this ordinance shall control. This ordinance contains definitions that differ from prior ordinances. - 2 - 74_/c, (my DRAFT #6 June 2, 1995 ACCELERATION LANE: An auxiliary lane beyond a driveway or public or private street that allows vehicles time to accelerate after turning right to merge onto a major street facility or collector or local street. APPLICANT: Any owner, authorized agent, lessee, contractor or developer who desires to construct;reconstruct, relocate or in any way alter the design or operation of one (1) or more driveways. ARTERIAL: Any existing or future roadway classified as an arterial in the Thoroughfare Plan. AUXILIARY LANE: A separate lane, including transition areas, in addition to the general travel lanes intended to maintain the free flow of traffic. Examples include free right turn lane, free left turn lane, deceleration lane or acceleration lane. CITY ENGINEER: The City Engineer or that person's designee. COLLECTOR: Anyexistingor future roadwayclassified as a collector in the Thoroughfare Plan. CONTINUOUS DECELERATION LANE: A deceleration lane that serves two (2) or more driveways,public streets or combination thereof. DECELERATION LANE: An auxiliary lane in advance of a driveway or public or private street that allows vehicles time to slow before turning right from a major street facility or collector or local street. DESIGN HOUR: The one(1)hour period of a typical week with the highest volume of traffic on the roadway. DIRECTOR: The Director of Public Works or that person's designee. DRIVEWAY: Any approach or access that connects real property to a public or private street. The driveway is primarily located within public right-of-way but may be considered to extend onto private property when necessary to ensure safe operation of the driveway/street intersection. DRIVEWAY. CIRCULAR: A residential driveway that has two connections to a public or private street. thse DRAFT #6 June 2, 1995 DRIVEWAY. COMMERCIAL: A driveway providing access to commercial property or providing access to administrative or employee parking lots on industrial property. The principle use of commercial driveways will be automobile traffic with incidental use by truck traffic. DRIVEWAY.COMMON: A driveway constructed to provide access for two (2) or more properties. DRIVEWAY. DIVIDED: A driveway having separate ingress and egress drives divided by a raised median. DRIVEWAY. MULTI-FAMILY: A driveway which provides access to multi-family property. DRIVEWAY. RESIDENTIAL: A driveway which provides access to a single-family residence,to a duplex or to a multi-family building containing three or fewer dwelling units. DRIVEWAY. SERVICE: A driveway whose principle use is to provide ingress and egress for truck movements to and from loading docks of a commercial or industrial property. For the purposes of this ordinance, a truck is any vehicle or combination of vehicles(e.g. tractor-trailer)with a gross vehicle weight of 26,001 pounds or greater. DRIVEWAY THROAT WIDTH: The shortest distance between the parallel edges of a driveway measured edge of pavement to edge of pavement for driveways without curbs and measured face of curb to face of curb for driveways with curbs. FREE RIGHT TURN LANE: An auxiliary lane that provides stacking for and allows right turns from a street onto an intersecting street. FREE LEFT TURN LANE: A auxiliary lane that provides stacking for and allows left turns from a street onto an intersecting street. FREEWAY FRONTAGE ROAD: Driving lanes within State of Texas R.O.W. that parallel the principle freeway driving lanes and provide access to property adjacent to R.O.W. INTERNAL DRIVE: A private road or access way on private property that connects (hisse buildings or abutting ground to a driveway. - 4 7� -18 (kw DRAFT #6 June 2, 1995 tzdr vewa" e iWaee 7 4 mfyR ;$ r( Jr' E' 5fe 1 e09 .11160 O 7ecr oekit LOCAL STREET: Any future or existing roadway designed to provide direct access to residences and provide internal traffic circulation within neighborhoods. MAJOR STREET FACILITY: Any of the following: (1) S.H. 114 and corresponding freeway frontage roads, (2)F.M. 1709 and F.M. 1938, or(3) arterial streets. PARKWAY: The area of the R.O.W. between edge of pavement and the corresponding R.O.W. line. PROPERTY. COMMERCIAL: Property, regardless of zoning district,which is used wholly or partially for offices,the wholesale or retail sale of goods and services or for community services such as parks, schools,places of worship and governmental facilities. `,. PROPERTY. INDUSTRIAL: Property,regardless of zoning district, other than commercial property,multi-family property or residential property as defined in this ordinance. PROPERTY. MULTI-FAMILY: Property,regardless of zoning district,that contains four(4) or more attached dwelling units. PROPERTY. RESIDENTIAL: Property,regardless of zoning district,that contains three (3) or fewer dwelling units. STREET CLASSIFICATION: The functional classification of a street as defined in the Thoroughfare Plan or as defined by the Director for those streets not shown in the Thoroughfare Plan. TRAFFIC IMPACT ANALYSIS (TIA): A study prepared and signed by a Registered Professional Engineer in the State of Texas that certifies the existing traffic conditions and determines the projected traffic to be generated by a proposed development. L - s - 7A -!� (pi DRAFT #6 June 2, 1995 3_0 DRIVEWAY PERMIT REQUIRED 3.1 GENERAL: No person shall construct, reconstruct, relocate or in any way alter the design or operation of any driveway without a b .4. permit issued by the Gttyggof Building Official. No work shall be undertaken on a driveway until the executed permit has been received by the applicant. In no event shall a driveway be allowed or permitted if it is determined by the Director to be detrimental to the public health, safety and welfare. 3.2 APPLICABILITY: Driveway permits shall be issued only in compliance with this ordinance and may include terms and conditions authorized by the ordinance. 3.3 STREET RECONSTRUCTION: Where in the course of public street reconstruction by the City, County or State of Texas it becomes necessary to revise an existing driveway to protect public health, safety and welfare,the property owner shall be notified in writing of the required changes. Said changes shall be implemented at the cost of the appropriate (40„ public agency, and will not result in denial of reasonable access from the property to the general street system. 3.4 TRAFFIC IMPACT ANALYSIS REQUIRED:.For commercial, service or multi-family driveways on a major street facility or collector or local street, the ireeter-marreguire a .plicant .'4 t submit a Traffic Impact Analysis as part of the permit application and review process 117 cltifiA07 � Y €1 � .® • [ � . t''''.,? V x w'"',,i s 6rf1 t 0 3.5 COMMON ACCESS: A common access easement may be required between adjacent lots fronting on a major street facility or collector or local street in order to minimize the total number of access points along those streets and to facilitate traffic flow between lots. Lots with sufficient frontage to safely meet the design requirements of Section 5.0 may be permitted their own driveways. The owner or developer of property required to use common driveways shall be responsible for obtaining easements on adjacent property as necessary. The City may, but shall not be required to, assist in the acquisition of off-site easements if the owner is unable to acquire them. With a request for assistance,the owner shall provide the City with documentation of his efforts, including evidence of a reasonable offer made to the adjacent property owner. Upon such a written request for assistance,the City may attempt to acquire these easements through negotiations. If the negotiations are unsuccessful, the request may be submitted to Council for consideration of acquisition through condemnation. In either case, the total cost of the acquisition and the cost of the easements shall be paid by the owner(developer). In the event the City CRAFT #6 June 2, 1995 elects not to acquire the property through condemnation, alternate driveway locations and designs in conformance with this ordinance shall be required. 4_0 REVISION OF EXISTING DRIVEWAYS FOR CONFORMANCE Upon application for building permit or certificate of occupancy, existing driveways that are not in conformance with this ordinance shall be brought into compliance at the expense of the Applicant as a condition of the building permit or certificate of occupancy if one of the following conditions exists: a. The existing use of the driveway is projected to increase in actual or proposed daily design hour volume by twenty(20)percent or more. b. The change in the use of the property or modifications to the property restricts the flow of vehicles entering or exiting the property in a manner which is anticipated to disrupt normal traffic flow in the public street,thereby creating a hazard. Change in property use Lie may include but is not necessarily limited to change in type of business, expansion in an existing business, change in zoning, and subdivision which creates new parcels. It does not include modifications in advertising, landscaping,remodeling, general maintenance, or aesthetics that do not affect internal or external traffic flow or safety. 5_0 DESIGN CRITERIA The following standards shall be followed in the design and construction of driveways within the City of Southlake. 5.1 DESIGN STANDARDS: The values in Table One represent minimum and/or maximum standards to be applied in designing and locating driveways on City streets. For each L - 7 - 7/1 -21 (ow DRAFT #6 June 2, 1995 TABLE ONE (including notes on the following page) Criteria Street Residential Commercial& Service Driveway Classification Driveway Multi-Family Driveway Driveway Throat S.H. 114&frontage roads 12-20 ft. 24-40 ft. 30-48 ft. Width* F.M. 1938,F.M. 1709,S.H.26 12-20 ft. 24-40 ft. 30-48 ft. Arterial 12-20 ft. 24-40 ft. 30-48 ft. Collector 12-20 ft. 24-40 ft.• 30-48 ft.• Local Street 12-20 ft. 24-40 ft.• 24-36 ft.• Driveway Curb S.H. 114&frontage roads 20-25 ft. 20-30 ft. 25-40 ft. Radius* F.M. 1938,F.M. 1709,S.H.26 20-25 ft. 20-30 ft. 25-40 ft. (lbw' Arterial 20-25 ft. 20-30 ft. 25-30 ft. Collector 15-20 ft. 10-20 ft.• 10-20 ft.• Local Street 5-10 ft. 10-20 ft.• 10-20 ft.• Minimum Distance to S.H. 114&frontage roads 150 ft. 200 ft. 200 ft. Intersection Along Roadway$ F.M. 1938,F.M. 1709,S.H.26 150 ft. 200 ft. 200 ft. Arterial 150 ft. 200 ft. 200 ft. Collector 50 ft. 150 ft.• 150 ft.• Local Street 30 ft. 100 ft.• 100 ft.• Minimum Centerline S.H. 114&frontage roads 80 ft. 500 ft.♦ 500 ft.+ Driveway Spacing Along Roadwayt F.M. 1938,F.M. 1709,S.H.26 80 ft. 250 ft. 250 ft.* Arterial 80 ft. 250 ft. 250 ft.* Collector 40 ft. 150 ft.• 150 ft.• Local Street 20 ft. 100 ft.• 100 ft.• (how - 8 - 74- Zz cle DRAFT #6 June 2, 1995 TABLE ONE NOTES: * The requirements for Driveway Throat Width and Driveway Curb Radius are for standard undivided two-way operation and may be varied by the Director if traffic volumes,truck usage,common driveways,and other factors warrant such. t The minimum centerline spacing does not implicitly determine the number of driveways allowed. Driveways served by deceleration lanes may be spaced at closer intervals if approved by the Director.See Section 5.2(b) for additional restrictions on driveway locations along S.H. 114 frontage roads. $ Distance measured from the intersecting R.O.W. line to the centerline of the.driveway.See Section 5.2(b)for additional restrictions on driveway locations along S.H. 114 frontage roads. * Service driveway centerline spacing may be reduced to 150'if the ingress/egress volume is less than 50 vehicles per day and if the service driveway is a secondary driveway ancillary to a commercial driveway within the same development. • The minimum centerline spacing may be reduced to 250'provided that the driveway is connecting directly to a frontage road and provided that it meets the criteria in Section 5.2(b). • Refer to Section 5.2(c).Commercial,multi-family and service driveways may not be permitted on collector or local streets. 5.2 GENERAL DESIGN CRITERIA a. DRIVEWAYS ON F.M. 1709, F.M. 1938 & INTERSECTING ARTERIALS: Driveways on F.M. 1709, F.M. 1938 and intersecting arterials within 1000' of F.M. 1709 and F.M. 1938 shall be designed in accordance with Appendix 1. As per Appendix 1, any driveway constructed within 250 feet of an intersection of F.M. 1709 or F.M. 1938 and an arterial shall be right-in/right-out only and shall have signs placed at the Applicants expense indicating right turn in only facing the street and right turn out only facing the property. b. DRIVEWAYS ON S.H. 114: Driveways along S.H. 114 (and its future frontage roads) shall be designed in accordance with Texas Department of Transportation (TxDOT)access control guidelines as applicable to the conceptual design and alignments of the proposed reconstruction of S.H. 114. Driveways will be not be allowed within areas indicated as "access denied" as per Appendices 2 & 3. c. DRIVEWAYS PROHIBITED: Commercial, multi-family and service driveways shall not be permitted on collector or local streets unless the tract or lot has no coPY other public access. In the event there is no other public access,commercial, - 9 - 7d-Z3 DRAFT #6 June 2, 1995 multi-family and service driveways shall be permitted on collector or local streets provided that they meet the design standards in Section 5.1. d. RE( Wi I' b:3 §; 1ONMINIMUM THROAT LENGTH: The driveway for any multi-family, commercial or industrial property that connects to a major street facility or collector or local street shall extend onto private property a minimum distance of 10 feet from the right-of-way line before intersecting any internal driveway. l s1g C � t1:® Cd .11 Ai'�y r a -� � '� I W 3 P11 r' Lie '1,1)40611 A1.4 ;g o' Rig e. COMMON ACCESS EASEMENTS: The use of common driveways shall require the dedication of a joint-use private access easement on each affected property. Said dedication shall be provided on the final plat of the subject properties, or be filed by separate instrument with Tarrant County with a copy forwarded to the City. The common access easement shall encompass the entire width of the planned driveway plus an additional width of one foot(1')on both sides of the drive. At a minimum, the size of the access easement must be twelve (12') feet wide and fifteen(15') feet deep for residential driveways or twenty-six(26') feet wide and forty-two (42')feet deep for commercial and service driveways. When the center of the easement is offset from the common lot line,the easement must extend past the lot line a minimum distance of one (1) foot. f. RADIUS RETURN LIMIT: For any driveway, the point of radius return tangency with the street curb shall not extend beyond the property line (projected (kiw perpendicular to the street centerline) except as provided in common driveway agreements and as approved by the Director. - 10 - 74- aye DRAFT #6 June 2, 1995 g. CURB LEAVE-OUTS: If a street curb is to be left out for later installation of a driveway, the driveway shall be poured within six(6) months of the issuance of a building- permit, or the curb shall be replaced. h. UTILITY OFFSET MINIMUM: No portion of any driveway shall be located within four(4') feet of any fire hydrant, electrical pole, or any other surface public utility. The Applicant, at his expense, may have the surface utility moved, if the public utility agency determines that the move will not detrimentally affect the service. i. CURB INLET DRAINAGE OFFSET: The driveway curb return at the point of tangency with the street curb shall not be located within(a) five(5') feet of the downstream edge or ten(10') feet of the upstream edge of a straight curb inlet or inlet extension or(b)within ten(10') feet of a recessed inlet. (iire j. OFF-STREET MANEUVERING: All vehicle maneuvering on multi-family, commercial,and industrial properties into a parking space or up to a loading dock or into any other area shall be accomplished by off-street maneuvering areas and internal driveways. No back-in or back-out vehicle maneuvering from a driveway shall be allowed to occur on any public street or right-of-way with the exception of residential drives on local streets. k. ADEQUATE SIGHT DISTANCE: Driveways ail be prohibited where adequate sight distance is not available for the established speed limit,or the , ' . Sight distances shall be calculated in accordance with the latest edition of the AASHTO "A Policy on Geometric Design of Highways and Streets." If a field inspection indicates that driveway sight distance may be insufficient,the Applicant will be required to submit vertical and horizontal informatio a grye a , t to the City . c at verifies adequate sight distance is available for the proposed driveway location. • 1. SITE PLAN REQUIRED: A site plan showing all existing right-of-way, easements, curbs, storm drain inlets, flumes,underground and overhead utilities, trees and sidewalks shall be required for each non-residential driveway permit application. The proposed driveway grades shall also be shown for a minimum distance of fifteen(15') feet past the right-of-way line. All driveways and median (11.- openings within 150 feet of the subject property on both sides of each abutting street shall be shown on the site plan. If an adjacent street contains a raised - 11 - 7A -�s (mily DRAFT #6 June 2, 1995 median, showing driveway(s) on the opposite side of the street shall not be required unless a median opening is present or proposed. 5.3 RESIDENTIAL STANDARDS a. CIRCULAR DRIVES: Circular drives are allowed on residential lots not fronting on arterial or collector thoroughfares. There shall be 25' minimum distance between the two interior portions of the drives at the R.O.W. line. The minimum lot frontage required to construct a circular drive is 70 feet. b. COMMON DRIVE WIDTH: A residential driveway shared by two or more properties shall have a minimum throat width of twelve (12')feet. A common access easement shall also be required as described in Section 3.5. Shared residential driveways may be required for adjoining residential lots on major street facilities to reduce the number of access points on those roadways. c. ACCESS TO MAJOR STREET FACILITY: Driveway access to a residential lot from any major street facility shall not be permitted unless that lot has no other public access. If such a driveway is approved on a major street facility, an off- street maneuvering area approved by the Director shall be provided to ensure that vehicles will not back into the public street. Driveway access to a residential lot • from a collector street may be denied if either(a)the lot has access to a local street or(b)the proposed access would create a traffic flow or safety problem unless there is no other access. 5.4 AUXILIARY LANES a. WHEN REQUIRED: As a condition of a Driveway Permit,the require-the-Applicant to 04 provide a deceleration lane for any driveway located on an arterial street if the right turn ingress volume exceeds 50 vehicles in the design hour(150 vehicles if the design hour occurs on a Sunday). If the existing or future speed limit on the street facility exceeds 40 MPH, a deceleration lane may be required if 40 right turn ingress vehicles occur in the design hour(100 vehicles if the design hour occurs on a Sunday). Such calculation 3h 11 be-trut le b. DRIVEWAYS PROHIBITED: No driveway shall be permitted within the transition area of any separate right turn or deceleration lane. C - 12 - 7�-2 (kw, DRAFT #6 June 2, 1995 c. EXTENSION OF RIGHT TURN LANE: When a driveway is approved within the separate right turn lane of a public street intersection, the lane shall be extended a minimum of fifty(50') feet in advance of the driveway. d. CONTINUOUS DECELERATION LANE: A continuous deceleration lane may be required as a condition of a driveway permit when two or more deceleration lanes are planned and their proximity necessitates that they be combined for proper traffic flow and safety. The transition taper for a continuous deceleration lane shall not extend into or beyond a public street intersection. e. LEFT TURN LANES ON UNDIVIDED ROADS: On undivided arterial roadways, a left turn lane and taper may be required as a condition of the driveway permit when the product of the projected left turn ingress volume(50 minimum)and the opposing volume per lane exceeds 25,000 in any design hour. In such cases, - - t''( e�she° s c ��: ysis s lama s ® � .. alyze the present and future traffic volumes to verify that the left turn lane is necessary to maintain minimum levels of traffic flow and safety. f. LEFT TURN LANES ON DIVIDED ROADS: On divided arterial roadways, the Direetor-Applicant shallmay-require,as a condition of the permit, construction of a left turn lane at an existing public street median opening when the proposed driveway will be served by such median opening and no left turn lane exists in the median. g. TEMPORARY AUXILIARY LANE: The Director may require a temporary auxiliary lane to be constructed on existing arterial roadways that are planned for future improvement. h. DECELERATION LANE EXTENSION: In the event the Applicant is allowed to locate a driveway connecting to a deceleration lane within one hundred(100') feet of an arterial intersection,the Applicant mar 1 be required to extend the deceleration lane to such intersection. The one hundred (100')feet shall be measured from the nearest edge of the driveway throat to the nearest R.O.W. line of the intersecting arterial. i. CONSTRUCTION COSTS: The Applicant shall be responsible for the design, (re right-of-way adjustment of utilities, and construction costs of any auxiliary lane and street widening required as a condition of the driveway permit. If for any reason an auxiliary lane required under this Ordinance cannot be constructed in - 13 - 7A-a7 • (tisie it RAFT #6 June 2, 1995 conjunction with the driveway by the Applicant, the Applicant may be required to place all necessary funds in escrow with the City. 5.5 SIGNALIZED DRIVEWAYS a. DRIVEWAY ,r;, � ® IN ANALYSIS: As a condition of a driveway permit on a major street facility, the Applicant p.w • 1 a submit driveway volume and capacity information when signalization is requested at the driveway intersection. 9yrs i �3B E �.� �' E i B f6 € G t• rQ A G BE 4 ! 68y .,vta.dam " �; ��' �P*� ,�.: �� ��:: Tit' ¢�.r.,..d (4 ),, !"h4 ',01 " at')'. ;:� � epe0,t k; €, a) tea 0. Ate, ,1 ka Y%i[J itmo,r:),,-, el 1 ¢ a e€ 1 w 0 i 9 A ,' f4K. :•, ,;IV,,I,cAL If a signalized driveway is constructed on F.M. 1709, F.M. 1938, or on the S.H. 114 or the frontage roads of S.H. 114, it shall be no less toe than 1000 feet from any adjacent signalized driveway or signalized public street intersection. b. SIGNAL CONSTRUCTION: If the driveway analysis indicates a signal is required and an overall public benefit is shown,the Director may require as a condition of the permit that the Applicant pay for the traffic signal installation costs necessary to serve the subject driveway. c. SIGNAL RECONFIGURATION COSTS: If a driveway is permitted and installed at an existing signalized intersection,the Applicant shall pay any costs necessary to modify the existing signal to accommodate the new driveway. 5.6 SPECIAL DRIVEWAY DESIGNS a. HIGH VOLUME DRIVES: The Director-may ,yrequire the Applicant to submit a Traffic Impact Analysis for any driveway on a major street facility or collector or local street projected to serve 1,000 or more vehicles per day,or 100 ingress vehicles in the design hour. Based on the need created by such driveway, the Director may require internal driveway improvements,turning movement prohibitions, auxiliary lanes, and traffic control devices to address safety and/or capacity problems with the property which may have a detrimental effect on the adjacent public street system. Cr, b. LEFT TURN EGRESS CONTROL MEDIAN: All driveways on undivided arterial roadways having a projected exiting left turn volume that will operate at a - 14 - 7�-�8 • June 2, 1995 poorlevel-of-service,e4 �or, o ,e inktheg4nrfugIgatleflatAnlay be required to be constructed with a left turn egress control median. Likewise, any driveway having a projected ingress left turn volume that will have a level-of- service "E" or worse as defined in the Thoroughfare Plan may be required to have a left turn ingress control median If both *se;' eft _ c - ,isyl6 e Th" r6 gltfae 1 -area, a right in/right out driveway design may41111 be required-by hector. c. REQUIRED STACKING FOR IIIGII VOLUME DRIVES: Driveways having a stalls , ehic..l,.. _ s f o" 5.7 DRAINAGE DESIGN: In the vicinity of existing or future drainage structures, no driveway shall be permitted which may impair the effectiveness of the existing drainage facilities. Drainage in side ditches shall not be significantly altered or impeded by any driveway. CONSTRUCTION STANDARDS 6.1 DRAINAGE: a. ESTATE SECTIONS (streets without curb and gutter): When drainage structures are required,the dimensions of the culvert or opening and other design features, such as slope, capacity of structure, drainage computations and amount of flow, necessary grading upstream and downstream information, and section treatment and similar information on any upstream and downstream.structures shall be shown on a site plan and accepted by the City Engineer. A minimum(smooth flow) pipe size of an eighteen inch(18")diameter shall be required. The restricted areas(defined in Section 7.1) adjacent to the driveways may be filled in or graded, provided they are in compliance with the requirements herein. 1. CULVERT DESIGN: The drainage structure shall have a minimum capacity of a five(5)year frequency event(and preferably a 25 year or 100 year), unless an analysis is submitted by the applicant that demonstrates the bar ditch capacity on both sides of the proposed installation is less. The City Engineer may, based on the results of this analysis, allow a culvert with less capacity. In addition, grading of the upstream and/or downstream side ditches may be required to allow the proposed drainage system to function as designed. Proper provisions shall be made for - 15 - (le DRAFT #6 June 2, 1995 surface drainage, so that all surface water on any filled area shall be carried over the drive and drainage structure by means of a swale (minimum eighteen inches (18") unless otherwise approved) and in accordance with the natural drainage patterns. 2. REQUIRED HEADWALL: The drainage system underneath the filled area shall hav sloped end sections six feet(6')horizontal to one foot(1')vertical)with necessary concrete rip- rap or TxDOT standard Type "A" or"B" headwalls. This provision shall apply unless an alternate is requested in writing and approved by the City Engineer. b. CURB AND GUTTER STREETS: The surface of the driveway at the throat (tangent point of the driveway radius to the edge of the driveway) shall be six(6") inches or greater above the pavement at the outer line. Driveways shall not be constructed at such locations or in such manner that water is diverted from the (hre street onto private property. 6.2. TEMPORARY DRIVEWAYS: Temporary driveways are any driveways intended for short term usage, such as during construction, as an alternate construction route or any other interim use. Temporary driveways will be of a sufficient standard for the intended purpose, but in no case will the standards be less than the following: 1. Ditch flows will not be impeded, 2. The entrance will allow access by emergency vehicles during all weather conditions, 3. The entrance will not create adverse impacts on existing roadways, 4. The entrance shall be maintained during the life of the temporary facility. In no cases will the use of a temporary driveway be permitted for a period longer than 120 days. In the event that an entrance is anticipated to be used for a longer period of time specific permission will need to be obtained from the Director of Public Works. 6.3 PERMANENT DRIVEWAYS: Permanent driveways are any driveway intended for long term usage. All construction shall conform with , the City of Southlake Construction Standards. In no case shall the thickness of the driveway approach be less than the thickness of the parking lot; or adjacent ultimate roadway section, or 6"; whichever is greatest. - 16 - 7A-SO (le DRAFT #6 June 2, 1995 7.0 MISCELLANEOUS REQUIREMENTS: 7.1 PARKWAY USE LIMITATIONS: All parts of the street right-of-way between the street curb or shoulder pavement and the parallel property line along the Applicant's property frontage, except the areas contained in driveways, shall be defined as restricted areas. Curbs shall be installed by the Applicant as may be deemed necessary to the Director or the City Engineer to prohibit vehicle parking and access in the- rl K . Internal curbs shall be concrete, asphalt, or masonry barrier type curbs, six(6") inches in height. ._ e!. paintedprevent hall be to traffic hazards Direeor. 7.2 ADJACENT PARKING AREAS: Where a parking area is located adjacent to parking within public R.O.W. such as "head-in" or"curbside" parking, a concrete curb shall be constructed to separate the parking area from the right-of-way. The curb shall be set back from the property line so that no part of a vehicle that is parked on the parking lot shall extend over adjacent property or over public property,right-of-way, street,or sidewalks. Any such curb or block shall be a minimum of six(6") inches wide, six(6") inches high, and shall be permanently and securely anchored. The property owner shall replace any damaged or missing curbs or vehicle blocks as necessary,or as required by the Director. 7.3 VEHICLE SERVICE FEATURES: The minimum distance from the right-of-way line to the edge of service pumps,vendor stands,tanks, water hydrants, or any other vehicle service equipment shall be fourteen(14') feet. To permit free movement of large vehicles, and in certain instances to insure that said vehicles will be parked entirely off the street right-of-way while being serviced, a greater distance may be required by the Director. 7.4 MAINTENANCE AND RESERVATIONS: Maintenance of all driveways, islands, and other driveway appurtenances within public right-of-way shall be the responsibility of the Applican f €Q � L' ra i ery 6 s;:o(, ,tr,) 4 `c rtcy c t �t ® �cl bcr r m»ark r The City reserves the right to inspect these installations at the time of construction and at all times thereafter. The City may require changes, maintenance, or repairs as may at any time be considered necessary to provide for protection of life and property on or adjacent to the public street. The cost of changes, maintenances, and repairs shall be borne by the Applicantprop . 8_0 MODIFICATIONS, VARIANCES AND APPEALS (16., 8.1 MODIFICATIONS: Modifications may be granted by the Director for the particular area of responsibility controlled by such official under unique circumstances whenever needed - 17 - rjiq-3f PRAM' #6 June 2, 1995 to recognize extenuating circumstances or preserve the health, safety and welfare of the public, and provided the modifications provide the same degree of protection, and provided that the modifications are in conformity with the intent and purpose of this ordinance. The Director may defer any request by an applicant to the City Council for final determination. 8.2 VARIANCES AND APPEALS: Any applicant who desires a variance or elimination of the requirements herein, or who desires to appeal a decision of the Director regarding modifications to this ordinance shall file a written appeal to the Director who shall place the request on the agenda for consideration by the City Council. The City Council shall have the authority to grant a variance to this ordinance. In granting any variance,the City Council shall determine that a literal enforcement of the regulations herein will create an unnecessary hardship or practical difficulty on the applicant,that the situation causing unnecessary hardship or practical difficulty is unique to the affected property and is not self-imposed,that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and that the granting of the variance will be in harmony with the spirit and purpose of this ordinance. The decision of the City (Ihr. Council shall be final. 9.0 ENFORCEMENT 9.1 BUILDING PERMIT: No permits for building construction or site work, including grading and paving, shall be issued for multi-family, commercial or service driveways until a site plan meeting the requirements of this ordinance has been approved by the .No permits for residential construction shall be issued for residential driveways until a plot plan meeting the requirements of this ordinance has been approved by the iVirl:uilding Official or his designee. 9.2 CERTIFICATE OF OCCUPANCY: All driveways,parking, auxiliary lanes, drainage work or other requirements of this ordinance shall be completed prior to the issuance of a Certificate of Occupancy. 10.0 VIOLATIONS Any person, firm, corporation, agent or employee thereof who violates any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed Five Hundred Dollars and No Cents($500.00) for each incident. Each day that a violation exists shall constitute a separate incident. (or - 18 - 74- 3z (1•, DRAFT #6 June 2, 1995 11.0 SEVERABILITY It is hereby declared to be the intention of the City Council that the phases, 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. 12.0 CONFLICTING ORDINANCES This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City, and this ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed. 13.0, SAVINGS CLAUSE 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 the regulations for driveway access and design 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. 14.0 PUBLICATIONS CLAUSE The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten(10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by section 3.13 of the Charter of the City of Southlake. L - 19 - 7A-33 June 2, 1995 15.0 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. 16.0 APPENDICES It is anticipated that the following appendices will be changed periodically by the Director in response to changes in the administration of this ordinance. G:\ORD\DRIVEWAY\DRAFT 6.WPD C L - 20 - ' A ? e e ti _Dix il c-14 w1 e �to ctc th1 i Lt:m. iio`I 4, l9 58 , In ittsee to t, A4'4r_n t1s [.... Property /R,o.u1. table Proper-hi Ao+ • .- ( iAE:> ..%, 0 fe-' - 44 \ 1> ,taf or J " A - I \ 21.--.\. ,_ 0J�� friIA) /LCiO r MI AI 1 J Zan Mt.,: 1Sc po(i:J I - - -- yt _ r -N%-v-te--- ..,\ , (.., ,, i f .." \%. _ __J.. '1fr - I . ) Nz, ,__ a -. '---VW--- •_LIM%T>� �+GG S / - - - - Cgtezm -- IN / RI6t-1'f 0,3r) N - l i _------N Fo L Accc$s 7 gt6 -*• [N/Qt6RT ouT LEFT- 1N/Laf r our) Z re-ce.,- -lc. Affe"A t SC - 7A- 35 , i • APPENDIX 2 L - - �, -i O car) z m A .0 zz m 0 z ivi . M3 m 0 oTI CO ,'♦ o -21 a art '< m 0 0 t G. r -4 LI chi ton 33 a0 �� S <n m 0 r CT. � a m 1 id) mz z -a C3 v 0 z D ig- I 'I i 712 o o Z a� a ; A .i- P ram Mi a { til g� at i1 ...-i____\___ g \\; \ 7.2..\ • � \ . -P \ % \ L, \ 7A-36 APPENDIX 3 (16.0„ -27 .6 + a g cm i � Q /03 rn -Ti o ^ a 0a N cH mW c p V/ -n § z m (hoea"' e A ao a 2 ( $ V I xi p C� 8 rn _.,..--z- . IT • - ,.,4....__.( - v. •-i 71 .r.% . m m � A m C3 r r` ram- Cl) $ N z -a-0. t 0 + 0 ©Rt o z -1 v•a 0)p n o 0 -, j Is z a 0 < = - F D m -C -� (n 0 m L.. : . 7i4-37 1 APPEmPI qi K 1=zi .s4'.*)t • t=l1 The r, i1 LL �Gc_ z... Kig4,+. , ot.et Leo+ - �� to 4-4 - ocJ i- L L t b t 4 e i Lim hT . L • 7A-3ej ,. /1 I As Ppe o D 1 x. 5 i RIGHT-IN, RIGHT-OUT • ACCESS DESIGN : ..,..i.:. , k 1 I.; . 50' R MIN.. 50' R MIN. . Le „.... :W.4 18 _; R B :yk . I 40' 8 MIN. • SOLID WHITE LINE • ,(....„ 74-39 . lA PrEN P(Y, G 1. . . .4•01),,,• RIGHT-IN, RIGHT-OUT, LEFT-OUT .41...4... ACCESS DESIGN . ,. • • ‘i . •• • Iii. 1 50' R MIN. 20' R MIN. d-el 1 8 „ ilb 01- 14,4;111$1„. i (1101Milli CURB 1 • i Ti. 2 01 MIN. SOLID WHITE LINE • L 7A--Li° r p Al p 1 EN ptx -1 i RIGHT-IN, RIGHT-OUT, LEFT-IN . L ACCESS DESIGN l?' 501 R MIN . {'` 18 20' R MIN. . AA 18" CURB t 1 20, Iv' SOLID WHITE LINE L • 74 -y/ iA1t > (6..., -iI r t 3 .t D 1 ci a (... -4 I ( -90 in (5 MM. L 0 I p � A % I � � m` i r � 0ti (6., r i Pr 7A -yz City of Southlake,Texas MEMORANDUM May 22, 1995 TO: Curtis E. Hawk FROM: Billy Campbell, Director of Public Safety SUBJECT: Request for Approval of City Ordinance No. 579-A, Amending Ordinance No. 579,Truck Route/House Moving With the opening of Kimball Avenue,truck traffic can now be rerouted from Carroll Ave.to Kimball Ave.,at Kimball's intersections of F.M. 1709 and S.H. 114. The new Kimball intersection is further away from residential areas than is Carroll, and constructed for heavier weights to the ultimate design standards. The proposed amendment to Ordinance No. 579 will remove Carroll Ave. from the list of designated truck routes within the City, and add Kimball Ave. between F.M. 1709 and S.H. 114. (hie There are no other changes in the Truck Route/House Moving Ordinance. I am available if you have any further questions. BC/bls c:\wpwin60\campbell\5-22ord.ceh c (me ORDINANCE NO. 579A TRUCK ROUTE/HOUSE MOVING ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 579 PROVIDING FOR DESIGNATION OF TRUCK ROUTES; REGULATING THE TRANSPORTATION OF HAZARDOUS MATERIALS; ESTABLISHING WEIGHT LIMITS FOR VEHICLES; REGULATING THE MOVING OF HOUSES ON CITY STREETS; PROVIDING FOR PAYMENT FOR DAMAGES TO CITY STREETS; PROHIBITING SPILLAGE ON CITY STREETS; PROVIDING THAT THIS • ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; REPEALING ORDINANCE NOS. 100, 172 AND 172A; PROVIDING A SEVERABILITY CLAUSE; PROVIDING 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 Sout e, Texas is a home r - y 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, in order to protect the health and safety of the citizens of the City of Southlake, the City Council deems it necessary to adopt an ordinance regulating the operation of vehicles on city streets, including the size and (0/ route of certain trucks, the transporting of hazardous materials, and the moving of houses and other structures within the city limits, and WHEREAS, the City Council further deems it necessary to adopt regulations prohibiting spillage on city streets and providing for payment for damages to city streets. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. DEFINITIONS In this ordinance, the following words shall have the meanings ascribed to them: A. CITY shall mean the City of Southlake, Texas. (Owe f:\files\muni\slake\ordinanc\truck.004 (06-06-95) (we B. COMMERCIAL TRUCK means any motor vehicle designed or used for the transportation of property, excluding a passenger bus, passenger automobile, motorcycle, panel delivery truck or pickup truck. C. HAZARDOUS MATERIAL means any quantity, group, form or class of material designated as hazardous material in any official publication of the Secretary of Transportation of the United States under the authority of 27 U.S.C.A. , Section 1803 (1976) , as amended, including any such publication issued after the effective date of this ordinance. D. MOTOR VEHICLE means every vehicle which is self-propelled. E. MOTORBUS means a vehicle which is used for transporting persons upon public streets for compensation or hire and that has a passenger carrying capacity of more than sixteen (16) persons except those operated by muscular power or exclusively on stationary rails or tracks. F. PERSON means and individual, firm, partnership, association, corporation, company or organization of any kind. G. SEMI-TRAILER means every vehicle of the trailer type so designated or used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by said motor vehicle. Coe H. TRAILER means every vehicle without motor power designed or used for carrying property or passengers wholly on its own structure for commercial use and designed to be drawn by a motor vehicle, excluding trailers used for recreational or agricultural purposes and/or trailers carrying commonly recognized recreational vehicles or agricultural products. I. TRUCK means a commercial truck, semi-trailer, trailer, truck- tractor, or any combination thereof. J. TRUCK-TRACTOR means every motor vehicle designed or used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. K. VEHICLE means every mechanical device, in, upon, or by which any person or property is or may be transported or drawn upon a public highway, including motor vehicles, commercial motor vehicles, trucks, truck-tractors, trailers, and semi-trailers, but excepting devices moved by human power or used exclusively upon stationary rails or tracks. SECTION 2. (610 COMPLIANCE WITH ORDINANCE f.\files\muni\slake\ordinanc\truck.004 (06-06-95) 2 743-.3 thime It shall be unlawful for any person to drive, operate or move, or to cause or permit to be driven, operated or moved, on any public street within the city any vehicle or combination of vehicles contrary to any of the regulations contained in this ordinance. SECTION 3. DESIGNATION OF TRUCK ROUTES The following streets and sections of streets are designated as truck routes within the City: A. U.S. Hwy 114 from the east city limits to the west city limits. B. F.M. 1709, also called Southlake Boulevard, from the east city limits to the west city limits. C. F.M. 1938, also called Davis Boulevard, from the south city limits to the intersection of F.M. 1709. D. Carroll Road Kimball Ave. from the intersection of F.M. 1709 (11M, to the intersection of U.S. Hwy 114. SECTION 4. DESIGNATION OF TRUCK ROUTE Except as provided below, no person shall operate or cause to be operated any truck on any public street within the City except upon such streets as are designated as truck routes: A. EXCEPTIONS: 1. LOCAL DESTINATIONS - The operation of a truck with a local destination or point of origin on the shortest permissible street route between such destination or point of origin and the nearest truck route or state highway, whichever is closer. The truck shall be permitted to proceed from a point of origin to a destination point within the City which is not on a truck route or state highway without returning to the nearest truck route or state highway if to return to the truck route or state highway would increase the distance to be traveled off (how of the truck route or state highway. The operator of any such f:\files\muni\slake\ordinanc\truck.004 (06-06-95) 3 7& V _. truck shall carry evidence of the location of its last stop and of its immediate destination in order for this exception to apply. 2. EMERGENCY VEHICLES - The operation of emergency vehicles upon any street within the city. 3. PUBLIC UTILITY VEHICLES - The operation of vehicles owned or operated by the City, a public utility or any person hired on behalf of the City or public utility while engaged in the repair, maintenance or construction of streets or utilities when such repair, maintenance or construction requires the use of a public roadway other than a designated truck route. 4. DETOUR POINTS - The operation of a truck along any officially established detour route from a truck route. 5. PUBLIC SERVICE VEHICLES - The operation of vehicles by or on behalf of the City for solid waste collection or similar public services. 6. MOTORBUSES - The operation of a motorbus for the purpose of transporting people for hire upon a regular schedule over a defined route or for transportation of children to and from school functions or for the transportation of persons to and from church functions. (lime B. The City shall keep and maintain an accurate map setting out the truck routes designated in this ordinance. The latest version of the official truck route map shall be kept on file in the office of the City Secretary. The truck route maps shall be available to the public. C. The Director of Public Works, or his designee, shall erect appropriate signs or markings to designate the truck routes designated herein. The failure of the Director of Public Works to erect any such sign or marking shall not be a defense to any violation of this ordinance provided the official truck route map has been filed with the City Secretary as provided above. SECTION 5. WEIGHT AND SIZE LIMITS OF VEHICLES A. Unless a permit is issued as provided in Section 6, no vehicle shall be operated or caused or permitted to be operated upon any public street within the city, including designated truck routes, having a weight in excess of any one or more of the following limitations: (110, f \files\muni\slake\ordinanc\truck.004 (06-06-95) 4 (we 1. In no event shall the total gross weight, with load, of any vehicle or combination of vehicles, exceed eighty thousand (80,000) pounds. 2. No axle shall carry a load in excess of twenty thousand (20, 000) pounds. An axle load shall be defined as the total load transmitted to the road by all wheels whose centers may be included between two (2) parallel transverse vertical planes forty (40) inches apart, extending across the full width of the vehicle. 3. The total gross weight concentrated on the highway surface from any tandem axle group shall not exceed thirty-four thousand (34,000) pounds for each such tandem axle group. Tandem axle group is defined to be two (2) or more axles spaced forty (40) inches or more apart from center to center having at least one (1) common point of weight suspension. B. Unless a permit is issued as provided in Section 6, no vehicle shall be operated or caused or permitted to be operated upon any public street within the city, including designated truck routes, having a dimension in excess of any one or more of the following limitations: 1. No commercial truck shall exceed a total outside width, including any load thereon, of 102 inches, except that the width of a farm tractor shall not exceed nine feet (9' ) and the width of a vehicle used to carry cylindrically shaped bales of hay may not exceed one hundred and forty-four (144) inches. The measurement of the width includes any load on the vehicle, but shall excluded any safety device determined by the Federal Department of Transportation or the Texas Department of Public Safety to be necessary for the safe and efficient operation of a motor vehicle of that type. 2. No commercial truck unladen or with load shall exceed a height of thirteen feet six inches (13 '6") including load, except that a combination of vehicles designed for the sole purpose of transporting other motor vehicles and used exclusively for that purpose may be of any height that does not exceed fourteen feet (14' ) ; provided, however, it shall be unlawful to operate or attempt to operate any vehicle over or on any bridge or through any underpass or similar structure unless the height of such vehicle, including load, is less than the vertical clearance of such structure. It is the responsibility of the operator of a vehicle to ensure that the vehicle, will pass without touching through all vertical clearances of structures in its path. 3. No motor vehicle, other than a truck-tractor, including any load thereon, shall exceed a length of forty-five (45) feet. No truck-tractor, including any load thereon, shall exceed a Cr' length of sixty-five (65) feet. The length limitations of 5 f)\files\muni\slake\ordinanc\truck.004 (06-06-95) this paragraph do not include any safety device determined by the Federal Department of Transportation or the Texas Department of Public Safety to be necessary for the safe and efficient operation of a motor vehicle of that type. 4. No vehicle or combination of vehicles, except pole trailers, shall carry any load extending more than three feet (3 ' ) beyond the front thereof, nor more than four feet (4' ) beyond the rear thereof. C. The provisions of this section shall not apply to any person operating or causing to be operated a motor vehicle under a valid permit issued by the Texas Department of Transportation under the provisions of Article 6701a of the Revised Civil Statutes of Texas, for the operation of overweight or oversized equipment or commodities that cannot be reasonably dismantled, provided the vehicle is operated on a route designated in accordance with said statute. D. The provisions in Paragraph B of this section shall not apply to any of the following: 1. Implements of husbandry; 2. Machinery used solely for the purpose of drilling water wells; (kW 3. Highway or street-building or maintenance machinery owned or operated by or on behalf of the State of Texas or any of its political subdivisions, including a municipality; 4. Emergency vehicles; 5. Public utility vehicles owned or operated by the City, a public utility or any person hired on behalf of the City or public utility while engaged in the repair, maintenance or construction of streets or utilities when such repair, maintenance or construction requires exceeding the maximum allowable limits; 6. Trucks used exclusively for transporting oil field equipment, as that term is defined by Subsection (i) of Section 1 of Article 911b of the Revised Civil Statutes of Texas. SECTION 6. PERMITS FOR OVERWEIGHT AND OVERSIZED VEHICLES A. Upon written application made by any person who desires to operate or cause to be operated on the public streets within the city where the total gross weight or size of the vehicle and its load exceed the limits allowed by this ordinance, a permit may be issued by the f:\files\muni\slake\ordinanc\truck.004 (06-06-95) 6 7/3- 7 Director of Public Works, or his designee, for the operation of such motor vehicle or fleet of motor vehicles for a specified period of time, over a route or routes to be designated by the Director of Public Works. B. The application for the permit provided for in this section shall be in writing and shall contain the following: 1. The name, business address, and telephone number of the person applying for said permit. 2. The description of the vehicle to be used to transport the commodity, including the year, make, model, vehicle identification number, license registration, color of said vehicle and a certificate as to its weight and size. 3. A description of the commodity to be transported and a certificate as to its weight and size. 4. A list of the specific streets over which the equipment is to be operated, the date or dates of said operation, the time of said operation, and the number of trips to be made. 5. The date of the application and signature of the applicant. C. Before a permit is issued under this section, the applicant for same (we shall file with the city a bond in an amount as set by the Director of Public Works not to exceed ten thousand dollars ($10, 000.00) for each vehicle for which a permit is sought. Said bond shall be payable to the city and conditioned that the applicant will pay the city the sum of money necessary to repair any damage which might be occasioned to any public street or publicly owned fixture appurtenant to such street by virtue of the operation of any such vehicle under said permit. D. The permit fee shall be set by the City Council by resolution. SECTION 7. MOVING OF BUILDINGS OR STRUCTURES UPON ROADWAY A. Unless a permit is issued as provided in Section 6, no person shall move or cause or permit to be moved any building or structure exceeding the size limitations as stated in Section 5 of this ordinance into, within or through the City, upon any public street, including designated truck routes. B. Except in the event of an emergency, the moving of a building or structure shall be conducted only during daylight hours during a time period approved by the Director of Public Works or his designee (we 7 f:\files\muni\slake\ordinanc\truck.004 (06-06-95) 7& .E and which provides for the least possible obstruction to the (110/ thoroughfares. C. No building or structure shall be permitted or allowed to remain overnight upon public right of way or upon private property without the written permission of the owner. D. It is the responsibility of the operator of the vehicle to ensure that the vehicle and the structure will pass, without touching, through all horizontal and vertical clearances of all structures in its path. E. The operator of a vehicle used to move a structure upon a public roadway within the City shall provide a sufficient number of individuals authorized to direct and control traffic and to provide for proper control of traffic direction at all intersections preceding and following the path of travel and at all points in between at any time during such travel within the City. F. The operator of a vehicle used to move a structure upon a public roadway within the City shall notify the Southlake Department of Public Safety Communication Division immediately prior to commencing and immediately upon conclusion of such movement in order that alternate routes can be selected by emergency services divisions when necessary for any emergency vehicle responses. (Me G. The Director of Public Works and the Director of Public Safety shall jointly and severally have the authority to limit or prohibit any movement of a vehicle moving a structure upon any public roadway within the corporate limits of the City when in their judgment such movement is considered unsafe. SECTION 8. TRANSPORTATION OF HAZARDOUS MATERIAL No person shall transport hazardous material or cause hazardous material to be transported upon any public street within the corporate limits of the city without first complying with all applicable regulatory agency mandates regarding the transportation of such hazardous materials. SECTION 9. DAMAGES TO STREET SURFACE, CURBS AND GUTTERS; SPILLAGE A. It shall be unlawful to drive a truck over and across any curb or (We gutter in any public street within the city in such a manner as to f.\files\muni\slake\ordinanc\truck.004 (06-06-95) 8 7& ? cause damage to the curb or gutter. If any person intends to drive (we a truck over and across any curb or gutter in any public street within the city, such person shall block the curb or gutter with materials of sufficient strength to prevent any damage to the curb or gutter, by virtue of driving a truck over and across the curb or gutter. If any damage is done to the curb or gutter by virtue of driving over the curb or gutter, whether it has been properly blocked or not, it shall be conclusively presumed to have been caused by the negligence of the person backing or driving over the curb or gutter and the driver of any vehicle driving over such curb or gutter shall be liable to the city for the damages. In addition, if the damage occurs while the driver is within the course and scope of his employment, the driver's employer shall be jointly and severally liable with the driver for the damages. B. It shall be unlawful to turn or maneuver any vehicle upon any street in the city in such a manner as to cause damage to the surface of the street. If any street is damaged by the turning or maneuvering of any vehicle upon the street, the driver of the vehicle shall be liable to the city for damage. In addition, if the damage occurs while the driver is within the course and scope of his employment, the driver's employer shall be jointly and severally liable with the driver for the damages. C. It shall be unlawful for any person to operate or cause to be operated any vehicle on a public street of the city in such a manner (me as to permit any portion of its cargo, either liquid or solid, to fall out of, spill from, or blow out of such vehicle. SECTION 10. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Ordinance Nos. 100, 172 and 172A are hereby repealed in their entirety. SECTION 11. (we 9 f:\files\muni\slake\ordinanc\truck.004 (06-06-95) It is hereby declared to be the intention of the City Council that the (ime 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 12. 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 (*re of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 13. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any other ordinances affecting truck routes or the operation of vehicles on public streets 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. (re f:\files\muni\slake\ordinanc\truck.004 (06-06-95) 10 7/61/.. SECTION 14. (IOW The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 15. 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. L PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 1995. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1995. MAYOR ihNov f:\files\muni\slake\ordinanc\truck.004 (06-06-95) 11 ATTEST: (Nise CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: L (hre f:\files\muni\slake\ordinanc\truck.004 (06-06-95) 12 7/3 < commercial motor vehicles, trucks, truck-tractors, (hoe trailers, and semi-trailers, but excepting devices moved by human power or used exclusively upon stationary rails or tracks. SECTION 2. COMPLIANCE WITH ORDINANCE It shall be unlawful for any person to drive, operate or move, or to cause or permit to be driven, operated or moved, on any public street within the city any vehicle or combination of vehicles contrary to any of the regulations contained in this ordinance. SECTION 3. DESIGNATION OF TRUCK ROUTES The following streets and sections of streets are designated ( IL, as truck routes within the City: A. U.S. Hwy 114 from the east city limits to the west city limits. B. F.M. 1709, also called Southlake Boulevard, from the east city limits to the west city limits. C. F.M. 1938, also called Davis Boulevard, from the south city limits to the intersection of F.M. 1709. D. Carroll Road from the intersection of F.M. 1709 to the intersection of U.S. Hwy 114. SECTION 4. DESIGNATION OF TRUCK ROUTE Except as provided below, no person shall operate or cause to be operated any truck on any public street within the City except upon such streets as are designated as truck routes: Cce f:\files\muni\slake\ordinanc\truck.003 (02-09-94) 3 City of Southlake,Texas MEMORANDUM June 2, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Ordinance No. 480-171, First Reading ZA 95-41 Rezoning Request REQUESTED ACTION: Rezoning for 2.0 acres situated in the T.J. Thompson Survey, Abstract No. 1502, Tract 1B2 LOCATION: East side of F.M. 1938 (Davis Blvd.), approximately 425'North of W. Continental Blvd. OWNER: Dr. Gene White APPLICANT: Brad White CURRENT ZONING: "AG" Agricultural QUESTED ZONING: "C-.3" General Commercial District LAND USE CATEGORY: Industrial NO.NOTICES SENT: Fourteen(14) RESPONSES: Two written responses received from within the 200' notification area: • Edward W. Hughes, Jr., 2113 Greenbriar, in favor; "Open more commercial space to increase more business attraction to the area." • Clarence Hill, 2110 Greenbriar, in favor, "We are in need of services Dr. White intends to provide." P &Z ACTION: May 18, 1995; Approved(7-0) ZA95-41 Rezoning Request. STAFF COMMENTS: As you recall, this applicant petitioned the City to add a "full service car wash" use to the zoning ordinance. The Council approved the second reading of this ordinance change on May 4, 1995. This date was after the 4/24/95 deadline for this submittal. Mr. White has subsequently submitted his Specific Use Permit("SUP") application and the required site plan on 5/15/95. The SUP request will appear on the Commission's June 8, 1995 agenda and will be considered by the City Council concurrently with the second reading VS— of this rezoning request. KPG , ` _ 3 2A1 2A 2A6 ' SA ^4 �� �� • 5A A 5A 5 2 Lg _ _�K5 2A4 fp G 10 M 5C1 05 R 1C _ _ _ �— 12.2Ac 1 5 Ac 58 -• — — k1 5A2 1 L — z _ _ j 1A1 a 1A4 Act 15.4 Ac 1 Ate,___ 111A d i 1� i , 1A3 lA 1 1 ' 2A2 1A2B 5 al 6A1 66 6B2 r i-A2A T W O l!\'/]Q N}o 71 6 6E i i 163 ' N SURVEY A-15 ti I 1 0v) I i , Ac 5 Ac 7 Ac I 11 D . 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Woods I "AG" "AG" 0 480-37 „AG"\ "SF-30" IIocm-57.,et ,5%.4 I \ t it Q 5A i \ 1 12A Q . IT - - • ___. , ,,, L ' -----=-,_ <I / \ _,c 1 \ .4._ ADJACENT OWNERS ./ ,,,ir AND ZONING SVX31'3n-11IL1OS �_,o se= 'UA9B 39\1IIL1OS 1°11100S RC6I I\.1-'unit SLUE 5 a y z � n w HSVM UVD —5 € ri T TA- _ , � aOdanv g . _ LOY .: I Y ,w k F Z� F Y — N N Xl — lV N r-, y A 7 8 z S T a U : III I Is t s O 1- N — .. 1 aW L=.1 � N o�+ o , -\ % a4� n < Lo oU Q arb pS _ O I O�I I. , 1 Cd y N le,3 F- _ A 1 s \. % \ 11 L . , :5 .\\\.. ' '' . a i y I! _ . iis.,. , \ \ \ \�____i :1/4_11 i / /`� ,O _ - ry- egg F. c P''a'1 M°°4,4o.mp i ' 1 _____ t__.. \% ) L. I .r.t! .7, `, \O I 4 8 !14j = O a_ u° SaR 2* C 7 _ 11• U= g i I N a ...,N Le. 1 —— — ok ,/Vl y \ 1PiaZ , ,I ( U' IAfi\'A\IIJIII 1\"!eV' 1 S1A\❑ CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-171 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 240, 2, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROMB AG i [BTU Aft C �ME32 •' DI . T, 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; (op, 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 "AG g�c under the City's Comprehensive Zoning Ordinance; and WHEREAS,a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS,the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these G:\ORD\CASES\480-17 L WPD Page 1 8k-S changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation,water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,and that the zoning changes do not unreasonably invade the rights of those (ine 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, (1111.' G:\ORD\CASES\480-171.W PD Page 2 g74 — / L. is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being a 2:0 acre tract of land situated in the RJ. Thompson Spey,Abe ct 15,0::20:taieumi and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from ft'd,.,;OittittlitifrallftilitmgiOttylgi3 Commercial Di ct. 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 (60, congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. L G:\ORD\CASES\480-17I.W PD Page 3 gA—_7 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 , 1995. (Pe MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1995. MAYOR ATTEST: (hir CITY SECRETARY G:\ORD\GASPS\480-171.WPD Page 4 -g L APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Coe G:\ORD\CASES\480-171.W PD Page 5 �� • City of Southlake ZA 95-41 Page 2 EXHIBIT "A" ihre The following:described.tract'or parcel of' iehd -situated th• the T..f.'•Thoapson Survey, ,A-Z502,• ! arrant County; Tenors. and 'being portOn aS' 23.izcre tract •ter Ceerreyed•to :L.s.°.Whites- et ux by deed' retiorded' on-Page 390•of..Volume 2075•in' the 'Tarrant County Dsod'Racdzds end being more.particul;rrly described as follows: BEOIINtZNIC et;•an iron rod at'.the''i orthwest corner of a 5.05 acre trait and being 'about East. i distance of'60 feet-and North .dietaiiCe ot•-405.0 feet from the Southeast cornet, of the • %ream'Alien and also being in the Eset line of P.N. Highway NO. 1938; . MINCE N 00 03' 30" W along the East line of said F.M.' Highway No. 1936 and along a fence a distance of. 100.0 feet; THENCE N 88° 44' 30" E a distance of 125.0 feet; THENCE N 0° 03' 30" W a distance of 100.0 feet; • (we THENCE ,N 88° 44' 30" E a distance of 373.21• feet; • THENCE S 0°.03' 30" E a distance of 200.0 feet; THENCE 8 88° 44' 30" W along. the North line of said 5.05 acre tract and along a fence a distance of 4983.21 feet to place of beginning, containing 2.0 acres of land more or less. • Lie G:\ORD\CASES\480.17 t.W PD Page 6 City of Southlake,Texas MEMORANDUM June 2, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Ordinance No. 480-172, First Reading ZA 95-42 Rezoning and Concept Plan/Park Place Estates (advertised as The Highlands Addition) REQUESTED ACTION: Rezoning and Concept Plan for Park Place Estates (advertised as The Highlands Addition), being 23.321 acres of land situated in the R.J. Paden Survey, Abstract No. 1255, Tracts 3A, 3B, 3C and 3D. This development proposes forty (40) single-family residential lots. LOCATION: East side of S. Peytonville,adjacent to Carroll High School and Stone Lakes Addition OWNER: Stephen W. Smith APPLICANT: Terra Land Development Company CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-20A" Single-Family Residential District LAND USE CATEGORY: Medium Density Residential NO.NOTICES SENT: Ten(10) RESPONSES: Three written responses received: • Naomi Morrison Johnson, 701 S. Peytonville Avenue,opposed to the first submittal (The Highlands Addition layout); in favor of the amended submittal(Park Place Estates)with a permanent 6'wooden fence on metal posts being constructed and maintained on the entire south line of the property. (See attached letter and lotting exhibit.) • Joseph Fitzpatrick, 1405 Richmond Ct., opposed; "With Stone Lakes Phase IV to be developed, the Smith property is the only remaining open space in that area. If converted from Agricultural to Single-Family use,the contiguous housing will be extremely dense with no open space among the developments." (kr • Brandon and Kay Baker, 620 S. Peytonville Avenue, opposed; In the attached memorandum,they offered concern about the transition between the large acreage lots in Airpark Estates and the subject proposal, the downstream drainage, and the loss of trees due to the City of Southlake,Texas development. They would like assurances of a minimum home size P&Z ACTION: STAFF COMMENTS: being deed restricted comparable to the neighboring properties, of ide lotting not less than 20,000 s.f. and if the rezoning is approved, of a"high quality type of perimeter fences(being)installed,in addition to landscaping as a buffer." May 18, 1995;Approved(5-2), ZA95-42 Rezoning and Concept Plan for Park Place Estates,subject to the Plan Review Summary Two dated May 12, 1995 deleting item#4C (the requirement for 30,000 s.f. lots on Lots 3, 11-14,Block 2 and minimum 125'rear lot width on Lots 12 & 13, Block 2 along the south property line.) The applicant has met all the review comments of the second Plan Review Summary dated May 12, 1995 with the exception of those items addressed in the attached third Plan Review Summary dated June 2, 1995. KPG/ls Li, G:\WPF\MEMO\CASES95\95-42ZCP.WPD MAY.11 '95 3:53PP1 P.3 CITY OF SOUTHLAKE (bre NOTICE TO INTERESTED PROPERTY OWNERS REFERENCE NO.: ZA '5-42 Dear Property Owner: An application for an amendment to the Zoning Ordinance and Map has been filed with the City Planning and Zoning Commission. The application is for the property described as 23.321 acre end situated in the ll.�.Paden my g 1 5.Tm A,3.13, and3l). The property is located on the East-side of S. Peytonville. adjacent to Carroll High School and done Lakes Addition. The Owner of the property is Stephen W.,Smitla and the request is being submitted by the Applicant, rrai.andDe tC m The current zoning is "AG."_Agrieuinnal; the requested zoning is 7SF-20A" Single-Family P eaidAntiai Di$trict. A Concept Plan for The highlands Addition will be reviewed with this Rezoning Request. A public hearing will be held by the City Planning and Zoning Commission on May]8, ]995_at 7:30 p.m in the City Council Chambers at City Hall. At this time,you may submit your views on the matter in person,by writing,or by representative. You arc encouraged to follow the requested action through final approval because changes are often made during the review process. Ifyou know of anyinterested propertyowner who for anyreason has not received a copy of this letter,it would be greatly appreciated if you would inform them of the tune and place of this hearing. Very truly yours, Planning and Zoning Commission City of Southlake -- - -- - . . . . . :.. The following form may be filled out and mailed to the City of Southlakc Planning and Zoning Commission,667 North Carroll Avenue, Southlakc,Train 76092_ _ .• : REFERENCE ZA 95:12 _ I am (in favor of) (opposed to) (undecided about) the request for the following reasons: • SIGNATURE:—.' J. - - (Please Print Name) MORRISoN, NAOMI R ADDRESS: TOT s PEYTQNVILLE AVE --- SOUTHLAKE Tx 76092 X 4"7-r 7 MAY.11 '95 3:53PM P.4 L May 11,1995 Mr.Greg Last City of Southlake 667 N. Carroll Ave. Southlatie,TX 76092 SUBJECT: Reference No.ZA 95-42 Reference No.ZA 95-43 Dear Mr.Last, I have no objections to change in zoning from "AG"Agricultural to"SF-20A"Single-Family Residential District per Reference No.ZA_95-42. In regard to Reference No.ZA 95-43,here are my comments: L, • I am opposed to plat as submitted because of 20,000 sq.ft.lots adjoining my pre1ertY. • • I am in favor of approval of a new plat dated May 1995,Case No. 95-42, containing 40 lots and further modification of Lots 1,2,3 and 11 dated 5/10/95 attached hereto;and further that a permanent 6'wooden fence on metal posts will be constructed and maintained along the entire south line of the property, (Lots 1, 2,3, 11, 12, 13, 14 and 15). If you have further questions,I may be reached at 214-334-5231. Very truly yours, Naomi Morrison Johnson 701 S.Peytonville Ave. Soutblake,TX 76092 cc: Bobby Harrell 701 S.Pcytonville Ave.,Souttitak•-, TX 76092 MAY.11 '95 3:54PM P.5 ai* , .4J ..- rw Lei cP -.. .litir 03 I• v..Z.i. S1� t am ,". ~ 0 y-= i per. ,_ r ti i t , . ,,,... . e,.‘I . eil t "-- tri ,,e i r , -'N 1 - 1 +� l Ii ci i th 2a • g j 11 st _ (1 ? • I Z d 3=X• , . : 0 ali - 7; . fly.... i z � � ,.� '.. tip �� 4 try _ 14 ; cz lid • �' II.. cc 3 Q. • .i.r ........___ .: .011 ..Ts' .n -- ik — 1111KrIA P- — Pl i ! . cc1 w v, 7 - '"# a 51 : 1 't• jt _ --_ XI IC Ca io • rx cNi 4 • ' m ' + - L1 --. . L! i ill , ( vC ' — ' .102 an.p-56 u .14 w :. . 1 L! I t cy b ' ' 1 .. 'q .6F i .4.c Ali y t z c L...._ ( , WA-d i -1H9 .,.. - 01; , i s Art � , _ -- . 8. ..-trri ow- p J eir . . w • .-- aoa a3.1.0 'p a1tc 9tD LIS . r2v;i, PfZ ,. 2 (15 REF NO. : ZA "PARK PLACE" ON S. PEYTONVILLE (role WE ARE OPPOSED TO THE REQUEST TO REZONING FOR THE FO LLOWING REASONS : 1 This single family development of houses on 1/2 acre lots effect the "country atmosphere" that many of us moved here for. A survey of homeowners on South Peytonville will show homes with acreage except for Chimney Hill at the very end of the road. Airport Estates is apparently platted for only 3 . 5 acre lots. Re- zoning down to 20, 000 sq. ft . lots is Not a ' smooth transition' ! 2 We would also like to see some minimum size (square foot) restrictions on these houses that complement the neighborhood, not devalue future property values. 3 Drainage (water runoff) down stream is one of our greatest concerns . How can this be properly handled to eliminate any more erosion/flooding? We (and the city) had tens of thousands of dollars worth of excavating done last year to control drainage. We know first hand the tremendous amount of water that flows west and south through our property! What will 50o more runoff (calculated amount from roofs, driveways, and streets) mean down stream? (6.,„ 4 How many trees will be lost due to this development? 6 The copy of the proposed plat shows lots that do not appear to even be 20, 000 sq. ft . I would like the dimensions verified. 5 Would the environment and our community be better served with a less dense development of larger lot sizes, such as 3 .5 acre lots like the "Airport Estates"? This would maintain a rural atmosphere, reduce water runoff, and offer greater potential for appreciation of property values. [If some form of re-zoning does pass, we would like to see the city ask for guarantees of a high quality type of perimeter fences installed, in addition to landscaping as a buffer. ] Sincerely, Brandon & Kay Baker 620 S . Peytonville 5/10j-- i _ - is I I I I ' , I I '1— 10 D 1.5 8 88 I _ - t � - - D 5 : ; 7 ./ i ___ ... . __ PAC 1709 1 1 `� 30 1A2 1 1 1 1 1 1 I t t 1a 3 n 1 t 17.5 A l y t 1_�_ a S% 3C p 1A 1A1= Grj' 4 i1AtA I 3C1 - H - ✓\ 51 v • — x1 CARROLL -- ''� e\- '�oA� Ac 3C2A HIGH SCHOOL ` �' 0 4. 2A3 2A2• Rp - ii . . S� 4 D 4 _ �i,j7.IJ �`��� > , t I — , `4 • 3R� 1R if"K V V . E A V E S Ull NJ. �? n N ' - r lJ� l., A-570 SURt •4# 5 i __3RI_ O . IR ?Pr. ,> 2A5 1 , 14%.,11,/ 2A1 Ji I , m ` _ { "in, , \<, 1'' 2A 2A6E34 .$,A lii_ � 1( g � 1A — • • ' .1'' 1 \ 14:11 —-- - 1 0 10 28 2 2A , II .1 I 1C - -p - - 10 Ac 30Ac _ 12.2 Ac � 14.5 Ac ((gi�pp MM 5Ac J. T N ✓ rIlH _ , SURVEY A-1505 lA1 1A4 1G 1 1 I - r 1 Yy puff=_ -A < i - 5 Ac I 1 1 - t :,A., I j�JY, llil 1A3 1A Ppg I 1 I ` 1 - 1 ' 2A2 1A2B ((LL.ff�� ((���/ s Ac -- -'_r,• AO; _ _ } 1 1 t 131 TW©11VBt's Je T t'til i t. Li V �N w r�a1,•,•• :4' " 11 I 183 I 1 1 SURVEY A-I502 _ _ r 4 1 1 , I I I I 7. - * 1 1 1B NIo '(1�I 1 2A2 �a•::U:rtulr = - r _ lE 1 y I r I 6C f -4 ,•1 i I IJ II*�I,, 1 --r - - l- * a — 6C3 181 I i 1 I I 2A3 ) 2A il 'iv •air;r,:1:a�r: -.- - -L• ► N 1A7 1B1A ' `. > _L,- - -F - 1A5 4 181 181E 13 Ac W - 6f o m 7.86Ac 1 c� a 1J I • • . _ r- r 1A_A 2 Ac Zip :ci H�y 1 6^� • 1611A21"3- •! 1 • lA 1 c 5A 4A3 P 1 1 r \ h wigCARROLL L. •_ — r 7 — 4— rAI; • 1 11 z� Ac ELEMENTARY — _ x , *�''•4... .1 — A ;y — =-1 _ Tit T I 15 5B SCHOOL ! , �.,.` , 19 Ac 1A 581A_ �1 _1N Y`�lY •�3 - TRACT MAP 1 4 I G0111 �5 .ZI�(taM [t ��o _ _ _ , , , 1 PAS A --� �. .SUHVf 1 A f !.5W 1 1 1 �� 1 / I �' $ �7 j fez . --- --- • ----- ' -..... --) \. . ---- ' ---I l< . \ • ■(..., ,,, • id... • d ru a 4 • \ / \ • • Mies (\1- • - >1) To4 . 4 • :c-_) ! lz• • - --.. . 4__ �'. "' v d I a I o • a !ft. - — • C - • co CI I �- • is � •� r I.L.t,0- 0 i Ti - a e. / \ 1 raii ,,,2)...., ii.o: r , , . ._ . co. .. • . c'. . O o ,:-_-_ , (f) Q Mb :• oCO z Io Ce II``�_'' �� I 41 Z a L ? 2 O Z L .... Z ,� 7 ''W♦♦ ❑ d L 0 � M Z .V z en o Y. Qa CL x N U CD M � - 'CC c Cl) - T Q m --mac I u Q M U - (.-� - U I � I la e- V.. .., L Q �, I u. I • • City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY Case No: ZA 95-42 Review No: Three Date of Review: 6/02/95 Project Name: Concept Plan - Park Place Estates (formerly submitted as The Highlands Addition). 23.321 Acres.R.J. Paden Survey Abst. #1255 OWNER/APPLICANT: ENGINEER/SURVEYOR: Terra Goodwin&Marshall. Inc. 920 S. Peytonville Avenue 6001 Bridge Street. Suite 100 Southlake. Texas 76092 Fort Worth.TX 76112 Phone: (817) 620-5373 Phone: (817) 429-4373 Fax: (817) 329-6920 Fax: (817)446-3116 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 5/22/95 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 DENNIS KILLOUGH AT(817)481-5581,EXT.787. 1. The following changes are needed with regard to lot configurations: A. The lot area for the lots dimensioned as 116' x 172', calculate to be slightly under 20,000 square feet. Adjust lot dimensions to obtain 20,000 square feet or greater. B. The Zoning Ordinance requires a minimum lot width of 100'. For lots fronting a curve,the required width is measured at the front building setback line. Lots 3,4, 10, and 23, Block 2 do not appear to meet the minimum required lot width. C. The lots adjacent to the north line of Lots 1 and 2,Block 9, Approved Final Plat Stone Lakes Phase Four,require a minimum rear lot width of 125 feet and a minimum lot area of 30,000 square feet.Lots 3, and 11-14,Block 2 do not meet the required 30,000 square feet of lot area, and Lots 12 and 13,Block 2 do not meet the minimum rear lot width of 125 feet. 2. The name of the proposed preliminary plat of Stonewood,the Chateau Development tract west of the project tract,has been changed to Stonebury. 3. If any proposed screening is to be provided, the applicant should show the location,type,and height of screening. 4. If any proposed screening with landscaping adjacent to South Peytonville Avenue is to be provided, staff recommends that a 10'public or private landscape easement be provided. 9 • • City of Southiake,Texas * A 35' building setback line is required on both street frontages for a corner lot. The applicant has Ce requested a reduction to the standard side yard requirement of 15' (15' B.L.) for Lots 3 and 4, Block 1, and Lots 6,7, 19, and 20, Block 2,all of which are "Back to Back Lots" . * Although there are a few lot lines which are not perpendicular or radial,they appear to meet the intent of this requirement. * The applicant should be aware that any revisions made prior to City Council must be received at the City by 6/12/95. All revised submittals must be folded 6" x 9" and include an 11"x 17" revised reduction. * Denotes Informational Comment cc: Terra Goodwin& Marshall, Inc. Stephen W. Smith, 601 South Peytonville Avenue, Southlake, Texas 76092 G:\WPF\REV\95\95-042CP.WPD ,--IL . ■ + 0, S o 1. f + n el; i : 1, 1St; I : cri z.. a o f'jiI1 # H ii j ! K r . !T V W Z �I, ■ ii111 lZ t� . N i]IIHI'JIJBIII Ii a t 7 O :''' is e. ii rwg ° 1-1 Diuf ills • I l I a Mx �. + 11) p„ w` 11#°i1 i 1!i IG iiiift 1I e. w • y 01 V �^ Y O `�K K /11V 1 il ; i IA i e lut k 5 i". '»Irsny ,palV`I., 0 '. Oil ... •/ _ 2N 4 =i ..,, ,i..�A� _ j x L .II 4 4' ! . 11 .\ ,..., 4 . \es 1 :li I r C. w ^ x 0. N.• _ l CI R - i I) i 1.! ---------______ l' .. 1 "i. ..- I ' • , rkiilL ' i (:14. i t ! iiR1 g _,..._-, .. 71j 4 ,, ,.. . .4 . . 1 ., De a --;.,:' / : a __ ±_____ ,r., , __ _ ,.. , :,. ..„ :„„ ,, , -,,, . „.• ,. „... I 1, , , _ k O 1;111 1 .iroi :a k- . . . , kr___,.. ,, , _ :, _ , .,... ., T-.. 5 r N A.,,�.Q(/ f — — .-' 1i7E -- -•' I •••"''�•� ry 1G111 Me IA1.-10-A I1.111 - 7 7I Ti4.O `— O �-LS�^ �� I.0.0.1.0L1 03J�I Ar 00,131e _____ _ tNjt6V- ■771 NO1At1 Allf6t `fie . ':•.w0. i • 6.$ 1 '4:3 ' . . ,,,,,t.,,,,i . r. (...,, 1 — 3, (1 Coe CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-172 •N 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 2 ? '+ Al .may,ttrt Rs,, a AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT"A" M, R SII p 7 _, 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; AN PROVIDING AN EFFECTIVE DATE. WHEREAS, the i • • . • • , - - • ome 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 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 Le. the City Council did consider the following factors in making a determination as to whether these Pa CASES\480.172.WPD Pagee 1 1 changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation,water, sewerage, schools,parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS,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, (11.• Page2\CASES\480-172.WPD Page 2 is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being a 4324 acre tract of land situated in the R Jf Paden$u ey;:Abs o 1.255` ac' AB X , , and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from ` µ " 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 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 ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. G:\ORD\CASES\480-172.W PD Page 3 .$.c frhL Section 8. All rights and remedies of the City of Southlake are expressly saved as to any (6., 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 , 1995. (sir MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1995. MAYOR ATTEST: (16.' CITY SECRETARY G:\ORD\CASES\480-172.W PD Page 4 (Br APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: L (me Page5\CASES\480 172.WPD 1 Page 5 City of Southlake ZA 95-42 Page 2 EXHIBIT "A" BEING a tract of land situated n the R J. Poden Survey. Abstract No. 1255. City of Southlake. Tarrant County. Texas and being a portion of those some two tracts of land as descrbed in deed to Stephen W. Smith, recorded in Volume 7432 Page 2286 and Volume 7432. Page 2324 of the Deed Records of Tarrant County. Texas and being more particularly descried as follows: BEGN ING at a 5/8" iron rod found in the east he of Peytonvie Avenue (Variable width RAW.) at the northwest corner of a tract of the approved find plat of Stone Lakes. Phase For.northwest corner of a tract of land as described in deed to Naomi R sin being the existing Page 328 of the Deed Records of Tarrant County. Texas. said point lying re n monto lunte ��' ire of said R. J. Paden Survey. Abstract No. 1255 and the north fine of file Janes Thor nhil Survey. southe Abstract No. 1505: THENCE in a northerly direction long the east Ina of said Peytorate Avenue the folowig N 00°1700" W 1Reference bearing). 39420 feet to a 5/8" iron rod found N 03'tt1T E 313.77 feet to a 5/8" iron rod found N 001700" W. 80.79 feet to a 5/8" iron rod found in the south he of the Carol Hush School Addition. an addition to the City of Southlake. Tarrant County. Texas as recorded in Cabinet A. Side 1460 of the Plot Records of Tarrant County. Texas: Tl-fl NCE S 89°40'32" E departing the east he of said Peytoxnvie Avenue..clang the south m of said Carroll E#gh School Addition. 1275..18 feet to a 5/8" iron rod found at the fieost er of said Addition. sane i the northeast corner of the aforementioned Smith tract (Vol. 743 Pg. 2324. `)RTCT). said point ' in the west he of Stone Lakes Phase Three. and addtion to the City of outhlake. Tarrant ty. Texas as recorded i Cabinet A. Side 1679 of the Plot Recordsof ty. Texas: Tarant THENCE S 00°18'49" E. dong the west he of said Stone Lthes Phase Three. 788.30 feet to a 5/8" iron rod found at the southwest corner of said Addtion, sane being the southeast corner of the aforementioned Smith tract (Vol. 7432. Pg. 2286. DRTCT). said point lying in tbe he common to the aforementioned Abstracts No. 1255 and No. 1505 and the north line of the aforementioned approved find plat of Stone Lakes Phase Four: TI-ENCE N 89°40'46" W. along the common he to said Abstracts No. 1255 and No. 1505 and the north he of said Stone Lakes Phase Four. 1294.60 feet (Plat 1294.99 feet) to the PONT of BEGIstsiisiG and containing 1015.853 square feet or 23.321 acres of land (or' G:\ORD\CASES\480-172.W PD Page 6 a g^P • EXHIBIT "B" N M^ M E ! , !i 1 '1 E c`s r„ 1 E 3 2 lf; 34 tb I r z 0 3 +a >> j1.i Z Mi F. i Z' t13�� has , • t 0 It 1 O , ��I .. i�;e�j iijl j j �� 1�1o6 �; N VFi o 1 II! .1 ii i WIM it lb lUll ii • F cj flit , it < :s . 1 i311� jirl S 3, rIFa II ; j 1 1 p o a S. M „1. ;!' hl t II ' 1 A;! ! FF 1 we, e,. Ki.,....:\ \ s ';D11Is�I'!:tilt],11 .. < Pa ` E �, qq p E a P. N a. cl Zfilli,J1 Sill S 1 1 lil Hifi iio. a V V .I^ g — Y ZO rt !lic . / - , \ Pi, r i$ �.•�” • . I. 1 i �" y ! 2 a e i� • ..c �:r ' �rf ' i _ • li a j411Wily7 '7' i L ,... ` 5 ! l bq n „:1 , ,,„,„, „ , ... t; d 3 . . a . 0 i ,, _31 m.0,- .,, 11917,. i -g; f , -"\II 1 frilt& ---•\ ._-.%3 , aii;1i pC Iii .,":1 ! :41 2 _____,_,_,__ l: s o �1_ ' 4I • • 1L"r'„Trip _ J. . I" j , % ^ ' + s II r. o III ' .____J :I _ _ I fArll•10- ,..oi, ---T7I [: I-.'O- .011 all JiuJO'I iS:Ul..3>:. / 1 illIANO3„A°1 A77015 /, /%: s Lei 1 A q 5i 7� 4..ti"b 00A ' I t IL � 4 . ,J I11116.. , Page 7 t ' City of Southlake,Texas MEMORANDUM June 2, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 95-43 Preliminary Plat/Park Place Estates (advertised as The Highlands Addition) REQUESTED ACTION: Preliminary Plat for Park Place Estates, being 23.321 acres of land situated in the R.J. Paden Survey, Abstract No. 1255, Tracts 3A, 3B, 3C and 3D. This development proposes forty (40) single-family residential lots. LOCATION: East side of S. Peytonville, adjacent to Carroll High School and Stone Lakes Addition OWNER: Stephen W. Smith APPLICANT: Terra Land Development Company CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-20A" Single-Family Residential District LAND USE CATEGORY: Medium Density Residential NO.NOTICES SENT: Ten(10) RESPONSES: Three written responses received: • Naomi Morrison Johnson, 701 S. Peytonville Avenue,opposed to the first submittal (The Highlands Addition layout); in favor of the amended submittal(Park Place Estates)with a permanent 6'wooden fence on metal posts being constructed and maintained on the entire south line of the property. (See attached letter and lotting exhibit.) • Joseph Fitzpatrick, 1405 Richmond Ct., opposed; "With Stone Lakes Phase IV to be developed, the Smith property is the only remaining open space in that area. If converted from Agricultural to Single-Family use,the contiguous housing will be extremely dense with no open space among the developments." • Brandon and Kay Baker, 620 S. Peytonville Avenue, opposed; In the attached memorandum,they offered concern about the transition between the large acreage lots in Airpark Estates and the subject proposal, the downstream drainage, and the loss of dues due to the development. They would like assurances of a minimum home size being deed restricted comparable to the neighboring properties, of lotting not less than 20,000 s.f. and if the rezoning is approved, of City of Southlake,Texas a"high quality type of perimeter fences(being)installed,in addition to landscaping as a buffer." P&Z ACTION: May 18, 1995; Approved (7-0), ZA95-43 Preliminary Plat for Park Place Estates, subject to Plat Review Summary Two dated May 12, 1995,deleting item#2C (the requirement for 30,000 s.f. lots on Lots 3, 11-14, Block 2 and minimum 125' rear lot width on Lots 12 & 13, Block 2 along the south property line.) STAFF COMMENTS: The applicant has met all the review comments of the second Plat Review Summary dated May 12, 1995 with the exception of those items addressed in the attached third Plat Review Summary dated June 2, 1995. tre - KPG/ls L MAY.11 '95 3:52PM F'.2 CITY OF SOUTHLAKE NOTICE TO INTERESTED PROPERTY OWNERS REFERENCE NO.: ZA 95-43 Dear Property Owner: An application for a Emlkitinary Plat for Thellighou has been tiled with the City Planning and Zoning Commission. The application is for the property described as 21,321 acres of Sitnai R. ode o_ 1255.Tracts 3A_311,3C;ad 3D. The property is located an the E 11f Pie tioiavil le acleacei4 to arrot 1 H__Alacilriool and Stove �sAddition. The Owner of the property is Stephen V. Smith and request is being submitted by the Applicant, Term Land Development Comva - _- _ The current zoning is "AG" A rat; the requested zoning is ",SF-20A" Singlo-F Wily iden�tial Dis=tric„1, A public hearing will be held by the City Planning and Zoning Commission on May 18, 1995 at 7:30 p.m. in the City Council Chambers at City Hall. At this time, you may submit your views on the matter in person,by writing,ar by representative. You are encouraged to follow the requested action through final approval because changes are often made during the review process. Le; If you know of any interested property owner who for any reason has not received a copy of this letter,it would be greatly appreciated if you would inform them of the time and place of this hearing. Very truly yours, Planning and Zoning Commission City of Southlake,Texas (CUT HERE) -The followingToini may be filled out and maifcd to the City of Southlake Planning and Zoning Commission,667 North Carroll Avenue,Southlake,Texas 76092. • • 1 `�FNCE-NQ. - -95:-43 I am (in favor Of) .(opposed to) (und,eoick-d-about) the request for the following reasons: SIGNATURE: r o �; (Please Print Name) — ADDRESS: _ --. MORRISON, NAOMI R 701 S PEYTONVILLE AVE SOuINLAKE 77t 76092 MAY.11 '95 3:48PM P.3 May 11, 1995 Mr.Greg Last City of Southlake 667 N.Carroll Ave. Southlake,TX 76092 SUBJECT: Reference No.ZA 95-42 Reference No.ZA 95-43 Dear Mr.Last, I have no objections to change in zoning from "AG" Agricultural to "SF-20A" Single-Family Residential District per Reference No.ZA-95-42. In regard to Reference No. 7.A 95-43,here are my comments: • I am opposed to plat as submitted because of 20,000 sq. ft. lots adjoining my proPertY. • I am in favor of approval of a new plat dated May 1995,Case No.95-42, containing 40 lots and further modification of Lots 1,2, 3 and 11 dated 5/10/95 attached hereto;and farther that a permanent b`wooden fence on metal posts will be constructed and maintained along the entire south line of the property, (Lots 1, 2,3, 11, 12, 13, 14 and 15). If you have hrther questions, I may be reached at 214-334-5231. Very truly yours, Naomi Morrison Johnson 701 S.Peytonrville Ave. Southlake,TX 76092 cc: Bobby Harrell 701 S. Peytonville Ave., Southlake, TX 76092 • MI it. .„. My I t i ., illi . Zi 1 � :1:1.0.100!!!11 ' rin .$'1thl 1f , ! 1 LI 6, ______.. ' 9LA 3[1/114---------L ' : , iiwki , I c_5 1 'R . SZ .• 'e. Q �r N. i - z Jr-- :u -.4 v._ ozi c....% •••• Ca C!) ; ti)41r Li 86t �y KC , 3n -0t .OL[ - - f its . rl .ac .fle - •o L._ iii i� -� •:. _. .,._ ... ... ... ,....-- — ..... . lio co .•<o .1- l . It;ct to 4 -1-- -,.. .� N. v0 • «ram � �' � � I-a5``��' � Quoa. MI1111112 i�! a � .' .ff 8 '7'8 _ i5 in .a cS 0 -- IIfitailar „' •a,7 ' �l 5 51 . . If .F5� _ t . ._..� x p 'a % 1 E z,�: ~,,, . .zit a } es k 8 I ( tom - - .zee _ f Yr: --- --.1.....-•.----a*"^-74 ...-ririer &Mr - F(-15-rairia47..n Ai a. ---- lichri, Qd `MI a w u ITC 9" LI$ 1Wd8b:�. S5. TT'Atild .,,,, r 4-z y 1t, 421qs REF NO. : ZA "PARK PLACE" ON S. PEYTONVILLE (00" WE ARE OPPOSED TO THE REQUEST TO REZONING FOR THE FOLLOWING REASONS: 1 This single family development of houses on 1/2 acre lots effect the "country atmosphere" that many of us moved here for. A survey of homeowners on South Peytonville will show homes with acreage except for Chimney Hill at the very end of the road. Airport Estates is apparently platted for only 3 . 5 acre lots . Re- zoning down to 20, 000 sq. ft . lots is Not a ' smooth transition' ! 2 We would also like to see some minimum size (square foot) restrictions on these houses that complement the neighborhood, not devalue future property values. 3 Drainage (water runoff) down stream is one of our greatest concerns. How can this be properly handled to eliminate any more erosion/flooding? We (and the city) had tens of thousands of dollars worth of excavating done last year to control drainage. We know first hand the tremendous amount of water that flows west and south through our property! What will 50% more runoff (calculated amount from roofs, driveways, and streets) mean down stream? 4 How many trees will be lost due to this development? 6 The copy of the proposed plat shows lots that do not appear to even be 20, 000 sq. ft . I would like the dimensions verified. 5 Would the environment and our community be better served with a less dense development of larger lot sizes, such as 3 .5 acre lots like the "Airport Estates"? This would maintain a rural atmosphere, reduce water runoff, and offer greater potential for appreciation of property values. [If some form of re-zoning does pass, we would like to see the city ask for guarantees of a high quality type of perimeter fences installed, in addition to landscaping ac a buffer. ] Sincerely, Brandon & Kay Baker 620 S. Peytonville 570 8/71 , 1 V_\11%__- - s - -r z I I, , 1 1 --I- - a 7 1 A 1 A ae l ` _ = f - � _ 1D 10NO 8 1.5 up • ! I. -a 1 N 18 Ac 3.5 Ac • O. f.1.►. 1709 1 I I I I `� 30 3E -- 1 1 1 1 I 1 . I I I IAtA e 3 - . �•p- I I 17.5 A t! IA ® Al l� x6 - 1 1 Ti- -c 1 I �- rJ1H'-- 3C2 CARROLL � a '`1091 20 Ac 3C2A HIGH SCHOOL I -` .pi 4• 2A3 2A2 ,.- : '• , ► -- _.) • 1_1-I 4 0 4‘ > - Y - ` 3A R AD 3R�+ 2R Y V V o Fl Q V 11 U u J• , n ! N ''1- -i_ - �p� �NG ., su r ,� A4 tR J'R" � > 2A5 �` / I Y a‘��s 2AIT 2A 2A6 ���11111,111 - .), ` KER 5 - ' ' r' ` '2A4 / -1. — -- - 1 0 ID 2B 2 11 pA.` IC OIL 12.2 Ac 14.5 Ac - -A -- - 10 Ac (�(MU� 30 Ac 5 Ac J, T Nam'-/ h pV W _ SURVEY A-1505 t IA1 Y 1A4 1G 1 1 1 ' T ..- +'• 1A II 5 Ac - Iu:.aii;�� iiii lA • 2A2 2 I Gam{_' _ -L. _ - �-T 1A28 5 Ac 1YJ�13 1. ; wJi.U1.1" IU'riM I I I 1B V�N I I SUR Y A—1502 ') `` 1 I 1 R .I 1 p 1� �.. 2A2 �:I.::U:rtuIr _ / 1E II III - E5 1 I , . . ;2III , �4 9.65 Ac � - - I �{./,�J7h1' �L ` r - - i ►�:t.:�I:i:1i.CE I r >, p r 6C3 182 I I t 2A3 ) 2A rt;1 ,a'aTrt:1:•.s*p: - d ► II,' 1. c t I ' ici - L! 18 1A7 U 6F2 1B1 1818 1B1A 7.86 Ac a •13 Ac _i _ _ - n tA5 11 6E 2 Ac ll L� 1J _ VIM -� ,ill , I 3 I ` 181.� ,11 ..i ' \' IA it 4A 3 211 : SA I3A - I - -11 N CARROLL - 7 - TG FA" n.27 Ac ELEMENTARY - ! X •41 %4?,"' ` - - TI ' 5 5e SCHOOL _ R ,, , •'.%..m - --t-; I .,.,r�e / ;A.trs' • 3.y 581;;---- TRACT MAP 3' 14 '155' \npp ItcpN�K f5 SUHVF r A I.5O4 X(; ) ' ' t I d' . •-•'. -*-- ' *---- . • ,, . .)(..\s.\. \• . ...-- t . /< . ___ • - .- (..., . '.'rg a 4. / 4____CM , t .�! � ir, r. . • ym I Pij o ! a• a CC • ❑ o o CO z p 2 Z n 03LLI d i_ o r' r? Z ° z CA v CO N � Q a aC N CC x 0 0 - L 'CC co U)' Y w I Q ¢ m JN Y NJr n I i� I a I Q _ �LL QIa La. I L-, . I , City of Southlake,Texas PRELIMINARY PLAT REVIEW SUMMARY Case No: ZA 95-43 Review No: Three Date of Review: 6/02/95 Project Name:Preliminary Plat-Park Place Estates (formerly submitted as The Highlands Addition), 23.321 Acres.R.J. Paden Survey Abst.#1255 OWNER/APPLICANT: ENGINEER/SURVEYOR: Terra . Goodwin&MarshalI. Inc. 920 S. Peytonville Avenue 6001 Bridge Street. Suite 100 Southlake. Texas 76092 Fort Worth. TX 76112 Phone: (817) 620-5373 Phone: (817)429-4373 Fax: Fax: (817)446-3116 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 5/22/95 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT DENNIS KILLOUGH AT(817)481-5581,EXT.787. 1. The following changes are needed with regard to lot configurations: A. The lot area for the lots dimensioned as 116' x 172', calculate to be slightly under 20,000 square feet. Adjust lot dimensions to obtain 20,000 square feet or greater. B. The Zoning Ordinance requires a minimum lot width of 100'. For lots fronting a curve,the required width is measured at the front building setback line. Lots 3,4, 10, and 23, Block 2 do not appear to meet the minimum required lot width. C. The lots adjacent to the north line of Lots 1 and 2,Block 9,Approved Final Plat Stone Lakes Phase Four,require a minimum rear lot width of 125 feet and a minimum lot area of 30,000 square feet.Lots 3, and 11-14,Block 2 do not meet the required 30,000 square feet of lot area, and Lots 12 and 13,Block 2 do not meet the minimum rear lot width of 125 feet. 2. The name of the proposed preliminary plat of Stonewood,the Chateau Development tract west of the project tract,has been changed to Stonebury. 3. If any screening with landscaping adjacent to South Peytonville Avenue is to be provided, staff recommends that a 10'public or private landscape easement be provided and that the following note be inserted on the plat: "The Public (or Private) 10' Landscape Easement is to be maintained by the Home Owners Association". City of Southlake,Texas * A 35' building setback line is required on both street frontages for a corner lot. The applicant has requested a reduction to the standard side yard requirement of 15' (15' B.L.) for Lots 3 and 4, Block 1, and Lots 6,7, 19, and 20,Block 2, all of which are "Back to Back Lots" . * Although there are a few lot lines which are not perpendicular or radial,they appear to meet the intent of this requirement. * Denotes Informational Comment cc: Terra Goodwin&Marshall, Inc. Stephen W. Smith, 601 South Peytonville Avenue, Southlake,Texas 76092 G:\WPF\REV\95\95-043PP.WPD • , : ........ (..... 1 901 i,, es t ' A ! � , GO : 6i irst illy al r t .. iqg v iiii i1 M ` h V o v ,. z ` p , lkik +J i!' ii8 Es i!jfi •t I 1r; ; iljoij < as . i;it 0 I 1/i`r'.� :s U' I,fiflfflWpJ' 1r % i a "M z a 9 Si k ii iII!lis� 11 w gi g„ - S «p 1. :, 0 t I1,1 *"..... 1 . ;; -40611111/' th 26.-......." „„;,.., ' 0 ,APO l•, • i ,...,! 4 ; .....„— -'13114Fillipp WO/a - Ve I. a mow., :\t < i.V. ; 8 1 i ..., 6 ---------.,all `• i iv SI It la ♦ Y r { L ‘i' '1'. .' At. iirl ,. i • =m F !i. y. fi 011 f i' pio, et ,' - • [ L¢ At d ;, � _ �I=La » libII �1 1 12 . iilll�- �„ w R « 1,— I 5 U _ ` Ifl AWN MO, ' Int L: fAM-J,-J-1i.MI lidiffAiiiiill MAR[ [77IAROAAlli Willa.., wrav J AP i'ter_ - A * I; .i i 1 a 1 L 3 V g&11 City of Southlake,Texas MEMORANDUM June 2, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Ordinance No. 480-173, First Reading ZA 95-47 Rezoning Request REQUESTED ACTION: Rezoning for 3.44 acres situated in the J.G.Allen Survey,Abstract No. 18, being a portion of Tract 2C31 and the entire Tract 2C32 LOCATION: South side of Johnson Road, adjacent to Jellico Estates and Timberline Estates OWNER/APPLICANT: Viran Nana CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-1A" Single-Family Residential District LAND USE CATEGORY: Low Density Residential/100-Year Flood Plain NO. NOTICES SENT: Fourteen (14) RESPONSES: One written response received from within the 200' notification area: • Olan E. Willoughby, 2655 Johnson Rd.,opposed; " I like what little bit of country we have left,just like it is." One written response received from outside the 200' notification area: • Marshall Milton, 2530 Johnson Rd,undecided; He questioned how this will affect the neighborhood, property values, &taxes. P & Z ACTION: May 18,1995; Approved(7-0) ZA95-47 Rezoning Request STAFF COMMENTS: A one-lot plat showing has been submitted for Staff approval on this property. One single-family residence is proposed. Due to Mr. Willoughby's opposition, the land area in protest exceeds 20% and will require a super-majority vote of the Council to approve this request. SV- (hive KPG/ls G:\wpFkmEmo\casEs95\95-47z.wpD 4 % 1 1 1 JF9 JF18 _ _ -. 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L. , cp . _ c., ____-_\ • _ • _ • _ _ . oo 0 c ) €fr3 h CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-173 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 * ,AB . ® 3 D kd AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" C U A L Lz SUBJECT TO E SPECIFIC R THREQUIREMENTS 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 asG" s` n under the City's Comprehensive Zoning Ordinance; and WHEREAS,a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS,the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these G:\ORD\CASES\480-173.W PD Page 1 (re changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population,and effect on transportation,water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings,and encourage the most appropriate use of the land throughout this City; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,and that the zoning changes do not unreasonably invade the rights of those Cr- 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, G:\ORD\CASES\480-173.WPD Page 2 (16., is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being a 3 44 acre tract of land situated in the J 1 n SUe stra %18 b i t d ;e ms- C , and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from `.AC gricul o 1 ing l ntial District. ��, ,eew .� _., aa�lixA�U?�a'�,x*,e 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 (1••• congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid,the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. G:\ORD\CASES\480-173.WPD Page 3 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 , 1995. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1995. MAYOR ATTEST: CITY SECRETARY G:\ORD\CASES\480-173.W PD Page 4 L APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY • DATE: ADOPTED: EFFECTIVE: L L G:\ORD\CASES\480-173.WPD Page 5 EXHIBIT "A" (twe BEING 3.44 acres of land out of the J. G. ALLEN SURVEY Abstract Tarrant County, Texas and being more particularly described by metes and bounds as follows; BEGINNING at an iron pin in the centerline of County Road :F 490G.6Johnson Road) , said point being 3405.0 feet East of the Northwest corner of said J. G. ALLEN SURVEY:- THENCE East along the centerline of said road, 227. 3 feet to iron pin for corner; THENCE South 6 degrees-07 minutes East, 583.6 feet to iron pin ' THENCE West 289.4 feet to iron pin for corner; for corner THENCE North 00 degrees-15 minutes West, 580.0 feet to the point of beg- inning and containing 3.44 acres of land of which 0. 13 acres lies with- in the County Road. This is to certify that we marked the corners as shown above From a survey made on the ground. An iron pin was placed at each property cor- ner and there are no encroacnments or protrusions except as shown. L L G:\ORD\CASES\480-173.WPD Page 6 —9 , City of Southlake,Texas MEMORANDUM June 2, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 95-33 Preliminary Plat/Huse Homeplace The Applicant has requested that ZA 95-33 Preliminary Plat for Huse Homeplace be tabled to the June 20, 1995 City Council Meeting per the letter from Kosse Maykus of H. Creek Development dated May 31, 1995. P-PAk KPG/ls (kr,G:\WPF\MEMO\CASES95\95-33PP.WPD g ' --(1,„ nyi-cr 3 /, /9 9, ie E . reisE 9,S7 3 - Pzec, -4u42te — 444- /1o,r C- ., To (.0 j-loM "T /'l1 ' Goo daeez,a W.e__ /04s.T2 _ Tx( %A a Pt'--e1.. -C A69-41 64-y97- T79.8,Leo -r tL �u,u-e, ao, aq.S Tr Iems Oct r' ?L n- 4-s 4 G/2€e Q Tc�, %�.u�Lr l t,�:��G�G f 2 O•c,L 25 J 6 Co 14 R ZS z 04 . a9 ilG s o 0e_Sz ie-�- %v Icte P_i T -e 5u22o cal Oyc 16 Afe_7 6Ai&D 2S i}xiO U-ems 1i(-L-e, T c.) --co,-ie To IG/1.22�L�ti _ (©,q y�SgeS 4�C',i2AIG Z.oL Y' ' 4a.=es . �/�elC .e v/-rexaT 1i NIETIP - MAY 3 11995 1 City of Southlake,Texas MEMORANDUM June 2, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 95-33 Preliminary Plat/Huse Homeplace REQUESTED ACTION: Preliminary Plat for Huse Homeplace,being 16.63 acres situated in the R.D. Price Survey, Abstract No. 1207, Tract 2C LOCATION: Adjacent and North of Quail Creek Estates Addition and adjacent and West of Harbor Oaks Addition OWNER: Peggy Denton APPLICANT: H. Creek Development CURRENT ZONING: "SF-1A" Single-Family Residential District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Fifteen(15) RESPONSES: Four written responses received from within the 200'notification area: • John and Linda Stewart, 2920 Burney Lane, opposed; They are opposed to the type of septic system proposed and the size of the lots not being reflective of Harbor Oaks lots,and there is a question of the proposed roads meeting City standards. • Ray Chancellor, 890 Harbor Ct., undecided; concerned about the possibility that changing the grading will flood their land and ruin their out-buildings and landscaping. • • William Bacus, 902 Quail Creek Court, opposed; concerned about inconsistent lot sizes with existing properties,Harbor Oaks residents being allowed access to public land and Quail Creek residents being cut off, and the large houses requiring large septic fields which would require cutting large numbers of trees and the effect on the erosion problems. He suggested that lots be no smaller than the adjoining home sites with a maximum of 2 acres and "the addition of an equestrian easement along the entire south boundary and continuing along the east side of lot#1 to Harbor Court." • Bruce Knutzen, 2910 Burney Ln., opposed, He suggested lot sizes more compatible with adjoining lots in Harbor Oaks. • Ken and Gloria Land, 2900 Burney Ln.,opposed, " 1) 50'road width insufficient for safety vehicles to pass in ditch area if road obstructed 2) need resolution for location of equestrian trail vs. requested parks City of Southlake,Texas plan, 3) overall drainage issue, and 4) unsure of reliability of proposed water& septic system." P &Z ACTION: April 6, 1995; Approved (6-0) Applicant's request to table ZA 95-33 Preliminary Plat for Huse Homeplace to the May 4, 1995 Planning and Zoning Meeting and continue the Public Hearing. May 4, 1995; Approved (7-0) Applicant's request to table ZA 95-33 Preliminary Plat for Huse Homeplace to the May 18, 1995 Planning and Zoning Meeting and continue the Public Hearing. May 18, 1995; Approved (7-0) ZA95-33 Preliminary Plat for Huse Homeplace, subject to the first Plat Review Summary dated March 31,1995, modifying item #10 to allow a private equestrian easement (for the benefit of this subdivision and the Harbor Oaks residents) which will be maintained by the Homeowners' Association. STAFF COMMENTS: The applicant has met all the review comments of the first Plat Review Summary dated March 31, 1995 with the exception of those items addressed in the attached second Plat Review Summary dated June 2, 1995. KPG/ls L G:\W PFIMEMO\CASES95\95-33PP.WPD : ;_ _ 4L [1 �' — '—11 RIMS PRICK 1 „.r. 4.4123 I _F ; \ I I I Awv. • . J J. WIZWELL : DAVID DOUThIT ( arr�aa•a•au! TARRANT 1 f— __I ©e��t�Y — ( - /' . , _ . • • , : %---2-0 __ \) . 1 —� I a�rK- t, . s,. 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WEST I .c I , I ,A,•W Ic c20, F _ `J 11•K ' • n' .�A-S .. ,,..a. ,o N '� SN`R Q " ,rs g as r E, •. J,S>5 _0 as 4 J= I' a K (r. ' u K �®� I � f. YN. �% N•PA �I A�BSALOM H. CHIVE I aK 1�ylER 11 7I yj Nr K -- I.„1�.. r MAI 1 3D ImU 4�- 1 I K ��/ () a,IQ ,L I���® MgA' SAKI KER •;©r r R OI,r ,, LARKIN H. CHIVERS I 4`' NI fV '"w I , HE 1A1�5 I • --T T c • ©iti, I A 1•S,K SpER, a"•Ks ® UK ©r• ' _ r- ',q IfK aw.f .-If. -- f yky H ' i (1 u - I 1 eb-r I a'' ( UK/ 513N•_.EE--- ,a>s K ^A 7 YK, Y N' �;', 'I I�eRS '*� N� ltt ,1 al NM O� L AC4piE"s �t G ONAppN. rye an K I oU d , !^ I` ,..w. 1� I�' I s av K �L"_ ,K >a ,K IL j r Z. ' LACK D. :_ f o K v ,I( n.w K '%!<.r I an .v�-ta .c I .n. JOHNSON OD �'101 ' n IC i >c C Yu IK II.L jitsT 1K MI II .K �{NERS + [UNWARY WO Ye• :,�: o1G1�'B —.NI I 1 / F7 :�IF.55 I, i II HgUOr S t ior wA I wa ru,-p,,?, • I- I•. an NO' • 1 NH K AR _ .a, 0 TRACT MAP ' ®®z ',. - e I UU111 iM Y ) EV� • I , [ NK • ASS 6V :IMf vYKY, Y Y 4N - : 1. -r ; I II 9mow 0) R,G I IA 1 _ L-.,- 5- N ielc K :""4.. 1 .. t44 E!1 k.11 I', '1" `r`7 1:7,r I I .I I$ I' i / L1 ±\ - AG‘Ir. 7 AG I \ , D.Vaughn H f J.D.Jones 7 2B 2B1 6 C J.Wilson — — --(-.) I 5 6 J.Stewart I U.S.Army Corps of Engineers SF-lA 5 1 4 CO , AG i B.Knutzen -23 ---- � 4 . '''''''.---------- __________. / K.Land Z SF-1A I 2 L.: Ac 9.8 Ac I , �. - \ I R.Chancellor G'\ _ • • ► I" • 1 . \ B.Co Spin Representative Joseph Mast Cook 1 ok i \ I 4 \ A.Byrd \ 2R, 1 C.Packard 1 \ N _ \ D.Alexander r SF-IA N W_Bacus o 13 JN18 I IR_Scott I m I 1 L I \ I -'S I I \1 I N I 17 I 16 19J1 C , SF-1A I 1� — M_Snow I I I I 1C1 _ _ i I I I I\- , C IS 1 1 (i_ pe it . L N , / ADJACENT OWNERS -II I I AND ZONING if ff--(.0 ' �. r.1n / 22 1 I 1 ,c I1\ City of Southlake,Texas PRELIMINARY PLAT REVIEW SUMMARY Case No: ZA 95-33 Review No: Two Date of Review: 6/02/95 Project Name: Preliminary Plat-Huse Homeplace, 16.63 Ac..R.D. Price Survey Abst. #1207 OWNER/APPLICANT: ENGINEER/SURVEYOR: H. Creek Development Co. J.E. Levitt Engineers. Inc. P.O. Box 92988 726 Commerce Street. Suite 104 Southlake. Texas 76092 Southlake. Texas 76092 Phone: (214) 987-3223 Phone: (817)488-3313 Fax: (214) 904-9930 Fax: (817) 329-0407 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 5/25/95 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT DENNIS KILLOUGH AT(817)481-5581,EXT.787. 1. Show the tract lines and label the owner's name, the corresponding deed volume and page, and the existing zoning for the tract of land located north of the project tract, west of Harbor Oaks,and east of the U.S.A. tract. 2. Correct the density calculation. Density is calculated by dividing the number of proposed lots by the gross acreage of the project tract. It appears the density for this development is 0.72 DU/AC. . 3 Label the building setback lines at all break points and cul-de-sacs. 4. Offset the drainage and utility easement located between Lots 4, 5, 6, & 7 Block 1 and Lots 7 & 8, Block 1,into one lot. Staff recommends that the drainage and utility easement located between Lots 4, 5, 6 & 7 be offset into Lot 4. 5. Revise the R.O.W. dedication at the intersections of Huse Court and Harbor Court to provide an intersection angle closer to 90°. (See enclosed sketch) 6. It appears that the north boundary line of Quail Creek Estates and the south boundary line of Huse Homeplace overlap.This problem must be resolved prior to Final Plat approval to insure that the lots along the south contain the net acreage shown. (11191 v��1 City of Southlake,Texas * The Trail System Master Plan,currently under discussion with the Planning and Zoning Commission and the Park Board, does not include a public trail connection from Harbor Court to the Corp land (U.S.A.tract to the west). The developer does propose a"private equestrian easement" for use by this development and Harbor Oaks residents. (11119' * Although there are a few lot lines which are not perpendicular or radial to the rights of way, they appear to meet the intent of this requirement. * Although not required by ordinance,staff would appreciate placing"Case No.ZA 95-33" in the lower right corner for ease of reference. * Denotes Informational Comment cc: H. Creek Development Co. J.E. Levitt Engineers,Inc. (i{v Peggy Denton, 10264 Cody, Overland Park, Kansas 66214 G:\WPF\REV\95\95-033PP.WPD • Ut 'Z/ U\\ U + _ __ _ \4 . . „ 76-04125* t `, C ' '•. • 1 �E X�• MI2�6 SK�: 'e kk \ ---\ e���' 1 ' 1 a HT of 1�A �. 1,1%ft, 'TE1)A C.�ATIot4 AT N3 ! . %AARv,oTR C.00RT 4 • 7 ikrreg 5e.e.-rioN? _ �►\ -‘ 12 4 • 1.1 cc. i 1014-te° *- :\ . \ C . 14 p : 1.0 OC. 11 ' la ----• 1'1:-5: .Vr-- N.• 44 ////' 240' . t �•pf1 / • H d0'10'!�' E . ;_ 1 3 04 1 3•Ad (� • . 121.73' L Og' C237' Ag' • - i . �- —q ' II !E1 1 (....„ I 1 11 rev N sai2nPrE 322.70' I r 4zwa-rmdraft.--\ 1J I ;1L1 r• ' „......\ NOM-7iwer s*s oora \ " i /" 1 I 11 r. N• C......."..... =I • ..... 2.4176 ti 1 1 N r'1',■ "I i \ :.. ' 1 rf .' Ir I 01 ` \ ` 12 1 •:_i_ _ la es • fir I -- ` i \ �.Of�•.J t :. / ' U.00K 1 I. 0711 . �/• r. LOCK1 • a2 I 3 t a• AM 11111 ea.MINW(.....„ - - I -. \ a r r a - -11eeP- r� ___ a va am 1. Nww W. WS WAUE a�` a S N10Srr 677' I I �M ` ��rK.A. 1 1 1 w +. \ aUL OI�C/2yt oc 1 1 �` l�TA tft 1 1 ' . 31 i. "..7..I?) a CI=DORLOPIONT CO. r.o.lox WM SOUSLAIaL 1EXAS WOW City of Southlake,Texas MEMORANDUM June 2, 1995 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 95-44 Plat Revision REQUESTED ACTION: Plat Revision of Lots 1R1, 1R2, and 1R3, Block 1, Kimball/1709 Addition, being a 5.1245 acre tract of land situated in the Samuel Freeman Survey, Abstract No. 525, and being a revision of Lot 1, Block 1, Kimball/1709 Addition and a portion of former Kimball Avenue, as shown on the Plat recorded in Cabinet A, Slide 146, Plat Records, Tarrant County, Texas LOCATION: East side of Kimball Ave., adjacent to Short Ave. and S.H. 114 OWNER/APPLICANT: Hanover Development Co. CURRENT ZONING: "C-3" General Commercial District LAND USE CATEGORY: Mixed Use NO.NOTICES SENT: None RESPONSES: No written responses received P &Z ACTION: May 18, 1995; Approved (7-0) ZA95-44 Plat Revision of Lots 1R1, 1R2 and 1R3, Block 1, Kimball/1709 Addition, subject to the Plat Review Summary dated May 12, 1995. STAFF COMMENTS: The applicant has met all the review comments of the first Plat Review Summary dated May 12, 1995 with the exception of those items addressed in the second Plat Review Summary dated June 2, 1995. KPG/ls L G:\WPF\MEMO\CASES95\95-44PR WPD _ ■00— / r j161 G p, `5P�SG P' �F HRE�T _ -- _ 582 �ezoi ij - Y IND,S - sex 55 L....,-- s,,,1 seta SA ��_ Sal 1: 16 11 NORTHWEST *E x 3c1 KWY EAST ' / "' 6 2A1 III 1s O 1 j' , 09) 2A2 tsitAilfl �� Ti`AST SOUTHLAKE BLVD. Z���if-A® �i— ` —— y4•5' I — 1 —--1 --fie I 4; a , 1 A L m ' L 2C 2 182A 182 18 , , 1(2 C _j -- - r0R 8 11-1, P laze -jiff �p►r1 K a , —,-- U ` - is Ac SO �— r " ze etlI1A1/ MIROI - - - - a J5' 2E J`JZ�j�J �1 r - 8 ,i 'PRE 2A3A1 �2 e / 2 - _ ~ — i 2 2A3 2A2A - P r1P _ _ 3 Ac 6 • 2A 7 ` 'i �� 1C 1 2A3A ► 1209 Ac r- I L • ‘1,0 - Y 4 - - _ _ _ _ . — 1D -- o I � � 1 q L - -I- - 3A 11A 0 JOO Ha A. FREE N.Aa 4 ° �` ° 13.6 Ac Fo - _ SURVEY A-'29 - -,- - 7 5 , 1 105, / 3D 4 / 11D ' 1 3 38 - - - - - - .-- 1 \, `-1 Cc" 1103 1 2 6A1' 6G 4AI , - / 1 d" i 4A4 1 , 1 p`� 11D1 6K1 i 20 Ac I 1 0 4) J.W. HALM 0 k 1 11D5A1 11D4 NJ.VC/. HALM �i �-- , 3a3 3 SURVE' A-803 _ RAINBOW ST 6A1 i 6 1 ; 3 Ac 615 Ac IA2A 2A 28 2C1 y um i 1 1 1A2C 6.�J )Ac _ fl'55- I, IA2 / 68J 68 681 r I11 2C ,lA �516a2 _ GHEE 1 M�'90 61 Ac ,� '° Ad TRACT MAP �' (TO ` \ \ \ 1 5B23 5B2A ISpin Representative #4 Scott Martin JI 531 •'C-3" j "C-3" 1 B 3 i "C-3" 3C 3C1 TEAST — P W K Y 6ISIIII 3843B "C-3" "C-3". 1 v Q (Ihr B „c-3" 3 B �-- <<, W 33 P z 7 C-3 m �4,O'C 3B3A1 Li 332 3f -3 m 1B 1E2 \ \ .A L\• \S i 2C j.::, r 0) A :\ 1 Li 2B ) 0 \ __J L- ADJACENT ZONING �� ro \- '� c--, ) / 6 J s City of Southlake,Texas PLAT REVIEW SUMMARY Case No: ZA 95-44 Review No: Two Date of Review: 6/12/95 Project Name: Plat Revision -Lots 1R-1, 1R-2, & 1R-3, Block 1, Kimball/1709 Addition, being a revision of Lot 1, Block 1, Kimball/1709 Addition and a portion of former Kimball Avenue; 5.1245 Ac., Samuel Freeman Survey Abst. # 525 OWNER/APPLICANT: SURVEYOR: Southlake Shopping Village. Ltd. Gerry Curtis Associates.Inc. C/O Hanover Development Company F.O. Box 9668 8255 Douglas. Suite 805 Fort Worth. Texas 76147-2668 Dallas. Texas 75225 Phone: (817) 334-0381 Phone: (214) 373-1892 Fax: (817) 334-0381 Fax: (214) 368-7985 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 5/23/95 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT DENNIS KILLOUGH AT(817)481-5581,EXT.787. * We find the applicant has met all the requirements of our previous reviews. * The lot configuration of this development is based on the proposed right of way alignment of State Highway 114 as it was presented by the Texas Department of Transportation in the public involvement phase of the project. * Although not required by ordinance,staff would appreciate placing"Case No.ZA 95-44" in the lower right corner for ease of reference. * The Developer's Agreement for this addition should consider perimeter street and drainage, park dedication requirements,off-site sewer extensions, and off-site grade-to-drain permission. * All taxes due must be paid prior to filing this plat in the County records. * Original signatures and seals will be required on each blackline mylar 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: Southlake Shopping Village, Ltd., C/O Hanover Development Gerry Curtis Associates, Inc. Teague,Nall& Perkins, 915 Florence Street, Fort Worth, Tx. 76102, (817) 336-5773 G:\WPF\REV\95\95-044PR.WPD r i ii• 1 11 ' � o i eti it; i:? - ir" i 1 Fis . 0.2 f tilt . i'.:` 2 i; ii= i ':: ! s ! f.. el1'..+ 3 is <e} s xf -•=i2 i s'�i. - } l� ; I +3"'.� :3f s11 ii 4 it 1� "s.EE,! ? ! �! 3 f'.g I �� is - t 1i-ai _ 1., :1 Eli 1s R`:3- - i r;; .: :s:: • Itt -s ss ' s / J1I it sl•z z11i c } t . . �.�i' 'ai ' ?i' i2.1t3 1is-i t -i 1 i '•',}ii !tsa• Z J ~ Ill!:!i"t tti ! -t. s c .l• ': list O sc e► !IA. t i i i1 . s s. Mj F- Y��F<� 11�� 0 y<�.-il 3 s:s z:;� s z•• s• ztz is4 p Q <04 t+.l c t;i! �; ss>jl:i s!!stl+ 11i i ss'. �= t� �'}3 !�� Z x i�ooW ::: _;-=cf Ifs1tlf _•:•-s c`-itc€ szs '! !iEj:;IiIi'tazz !: �}._ a t� s .. !:; }i st(1 s ii �'; Q CII's::=':;:>: - ts: :tsiia=t{ss} .s! i3 } 1° t. zN 0< '`o< i a <li7i:ii'1il1 }! f1I :-'. l�q ! s� 151. sii : I f:Jr•'e••-eO i .: i !ii !! di:; . �t sSaa 1=1^.i' s$ 1;E' ;s� }siFF 1 0 - 1- z<yuu aIP 1�s 1;si1�}} •zs}:I t. : H i -J8,„?)0 4 i b-s 3f_tt�{ ti S' lis 1- lilt. ! —Jlnu�fs •-� e i•.k 1•: t--114 x::i iqs ' !. ma...° i}} xj ;1}1_it s m u-,—b Y' b ~ t • t F1 d_t i'1iZ!'=} s! isl% it. s-1 #1'z! i ! ._lsspp zs 1!f �IP41-= s -ia si!I s si s; i1hEi 1s- .j Qf 1"t'_1 1 4111 1.0#a1� 1is;s 1 i e i r,__ � ! t!. x.t- �� sii ! �p•ii :4=1131$L"! i}x it 1!'x g! i'- 1'1110 111t1= s11iiI31•1i ;;1 21 al-1111Z tsz111;ax•- t,11pt-,.°s11s i-i aSt:1: tulz E t$ s 1x 11i 111is ti...a VIII .1,o1 t tis 11 - / ; < ! i lila! gill sit JI !a 1.t00111.t•_IKi �2�! libiNI1! t•.a.t.sii.:al:iuiiiiow tllo.•� ! � 11 a +i iit , }1 } (_'�j ¢ __ (OtlON 13NN083A1B) _ •. _ I- L 2 . 1 i - �= 611£'ON 153POad a A:NA03 - t _ i Ifiret1110 in li A p • -•—• `2111} ii11 1=1 a!`�-2:, i , ,„:: , - .----'• i :rift1-'.}�rf l. s\I ` ' ..j 1ri i!.! ail �L� Of sY...... -- . --•• E } I Ili, 1}a!jiii si(• I '/: ill \ ►to�4 I lir i i i ii1 i:sii :ii:i::ii ;» .I �� e• .• • �- s nJ}i •% �� «. 3i \1:.:t14 o 2 •o it 41 • s �ajse1 :` s - i ,r O �a $ .r�..n - i I f,I .Nr•'.• �o�N•t•••t—LICt7 WWII'YY.ft . Mai -•- l' �� �. \.. Atl I it .. '�' ` ` 1 ,.s•14a3-••. i J i . o� �: 1 L :W I 1•f a 1 srd is. s• snwirs i. 1 s if _ }: I.►:• `C Istsst��1 u;t_.. f,•._+` 'y s ? W r li .I 1 - i 11 C - t NIIIt s«t /IN#t 7% t-•••- t 'N ss' ,t�... Y I 1 C K .. 1` f 'N' tf�sr'-is' Nam•"• ,ls� ,f' rs' �e• •- TTT s. I. II .j .1 v .... Ir+. �w ion i+' Ss �, ' ':,j I� �I J . 1`'. .Is s0 _--04*SlaEr- \ • '4, ss • II?.•e� It•11i0 yyrs�w.0•• .w NI' I «:n,,a.ra ._ • • — ' .•el•e.••••'•-•" oalLMAN/IB NYIIVM SWIM" -----NOR ' }-- •-yw-- awlaz.j•401 •rbal«•' t•• b 1..atlt 1 1/•N••M•..• $ W 1 ..i- F !- }ri-- it S � , ��•w3 1 C.: ,4 F. 3 - .j 3 ..---� - pps Y City of Southlake,Texas MEMORANDUM May 23, 1995 TO: Curtis E. Hawk FROM: Billy Campbell, Director of Public Safety SUBJECT: Regulating Public Access on Private Property The discussion of the regulations for public access on private property was productive and I have incorporated several suggestions into this ordinance. I am attaching the original memo dated May 11, 1995 and a copy of the ordinance with the following additions: - The suggestion by the Mayor to add a minimum sign size in Section 2. Councilmember Muller's suggestion of permission to park by owner in Section 4. A disclaimer for employees will be included so they will not be in violation of the ordinance. - The only manner a car will be towed off private property is through the request of the owner or operator of the business premise with the exception of any general towing circumstances that would be required regardless of whether it is public or private property. Councilmember Richanne's suggestion of one year follow-up will be incorporated as a program to be undertaken by the Deputy Director of Police Services. BC/bls kairy c:\wpwin60\wpdocs\campbell\5-23acce.ceh , (kilY ORDINANCE NO. AN ORDINANCE AUTHORIZING PRIVATE BUSINESSES TO POST SIGNS LIMITING ACCESS TO THE BUSINESS PREMISES; CREATING AN OFFENSE FOR VIOLATING THE LIMITATIONS;PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;PROVIDING A PENALTY FOR VIOLATIONS;PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;AND PROVIDING AN 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 has determine that in order to protect the health safety and welfare of its citizens and to assure that business parking areas are not unnecessarily (re obstructed with the congregation of person's and vehicles and that parking areas are available for use by business customers during business hours; and WHEREAS, after business hours, the congregation of person's and vehicles on business parking areas,in violation of posted signs, has resulted in cases of chemical abuse, littering, loud and raucous noise, gang activity, and vandalism; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE TEXAS: SECTION 1. Definitions. In this ordinance: CITY means the city of Southlake, Texas. PARKING AND ACCESS AREA means the private property surrounding a private business,which is used for parking vehicles of the customers of the business or as roadways (impe gg (Ire giving access to the business and its parking areas,including grass,concrete,or other dividing and perimeter areas. PRIVATE BUSINESS PREMISES means the business structure and the parking and access areas of a business or a number of businesses. SECTION 2. Posting signs. (a) The owner or operator of a private business premises may post a sign or signs at or near entrances to the parking and access areas of the business,stating words conveying the following meaning: "Parking and access through this area are reserved for customers of the business(es) only. Others on the premises are in violation of city ordinance" (b) When signs are posted as described in Subsection(a),the parking and access areas of the private business premises are reserved for the customers of the business or businesses located on the private business premises. (e) Signs posted pursuant to Subsection (a) must: (1) be a minimum 12"x la" in size; (2) must be posted in a conspicuous place at or near the entrances to the parking and access area of the private business premises: and (3) must be easily read by persons entering the area. SECTION 3. Violations. (a) A person commits an offense if the person enters upon the parking-and access area of a private business premises where a sign or signs as described in Section 2(a) are posted at or near the entrances,and the person is not patronizing or attempting to patronize a business located on the private business premises. (b) It is prima facia evidence that a person has committed an offense under Subsection (a) if the person: (1) enters the parking and access area of a private business premises in a motor vehicle and exits the parking and access area more than once within a close proximity Cr' 2 7g-3 J (lbie of time without parking and entering a business located on the private business premises; or (2) remains on the parking and access area of a private business premises either without patronizing a business or upon completion of patronizing a business on the premises. (c) It is a defense to prosecution under Subsection (a) that the person: (1) has permission from the owner or operator of the parking area,to park a motor vehicle in the parking area, and the owner or operator has notified the Southlake Department of Public Safety that permission has been given; or (2) is an employee of a business located on the premises who has parked •a motor vehicle in a parking area of the premises while engaged in the employment. SECTION 4. Determination of violation. In determining whether a violation of Section 3(a) has occurred,an officer shall take the following factors into consideration: (a) the amount of time the person spends in the parking and access area when not engaged in patronizing a business; (b) whether the person has joined others who have congregated in a parking and access area; (c) whether the business or businesses are open. SECTION 5.Towing of vehicles. This ordinance does not alter the city's policy concerning the towing of vehicles. The city does not tow vehicles from private property unless the tow is in connection with other police activity. SECTION 6. 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 Lir -3- the provisions of other ordinances, in which event the conflicting provisions of the other ordinances are hereby repealed. SECTION 7. Severability clause. It is hereby declared to be the intention of the City Council that the phrases,clauses, sentences,paragraphs and sections of this ordinance are severable,and if any phrase,clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction,such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. • SECTION 8. Penalty clause. 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$500 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. (re SECTION 9. Pamphlet form publication clause. 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 their production. SECTION 10. Newspaper publication clause. 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 IL Effective date clause. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1995. MAYOR ATTEST: Lt n SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1995. (bre MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney stake\oRlinanc\shopcn cord -S- (be • City of Southlake,Texas MEMORANDUM June 2, 1995 TO: Curtis E. Hawk, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 95-12, Appointing a Health Officer As required by the Texas Department of Health, under the Local Public Health Reorganization Act, Chapter 121, Health and Safety Code, the City of Southlake must appoint a Health Authority and a Health Officer. Dr. John Ansohn, Southlake Medical Clinic has served in this position for several years and has agreed to serve another two year term, if Council so desires. Dr. Ansohn has been a big help to the City of Southlake in many ways, including his work with the Southlake Fire Department with the EMS and Paramedic personnel. The City considers Dr. Ansohn a part of staff as he works with employees with the annual "Flu Shots" and he performs physicals to new personnel, and other things. If you have questions, please do not hesitate to contact me. 1,4LA , /sl (re City of Southlake,Texas RESOLUTION NO. 95-12 L A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A HEALTH AUTHORITY, AS PER THE LOCAL PUBLIC HEALTH REORGANIZATION ACT UNDER CHAPTER 121, HEALTH AND SAFETY CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 121, Health and Safety Code, under the Local Public Health Reorganization Act, the appointment of a Health Authority is mandatory; and, WHEREAS, it is deemed to be in the best interest of the citizens of the City of Southlake to have a Health Officer; and, WHEREAS, the two year term of the City Health Officer, Dr. John Ansohn has expired; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. The findings in the preamble of this resolution are found to be true and correct and the City Council does hereby incorporate said findings into the body of this resolution as if copied in their entirety. Section 2. The City Council hereby appoints the Southlake Medical Clinic as the Health Authority, with DR. JOHN ANSOHN as the City Health Officer, for a term to expire in May, 1997. Section 3. This Resolution is in full force and effect from and after its passage by the City Council. PASSED AND APPROVED THIS THE 6TH DAY OF JUNE, 1995 CITY OF SOUTHLAKE, TEXAS BY: Mayor Gary Fickes ATTEST: Sandra L. LeGrand L. City Secretary - City of Southlake,Texas MEMORANDUM June 2, 1995 TO: Curtis E. Hawk, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 95-14, Appointments to SPDC Resolution No. 95-14 allows for the appointment of three directors to the Southlake Park Development Corporation (SPDC). As outlined in the By-Laws of the SPDC, the board consists of seven (7) members. Four (4) members must be City Councilmembers, and the remaining three (3) are citizens at large, with one of them being a member of the Southlake Park and Recreation Board. The two Council expired terms were held by Jon Michael Franks and Stephen Apple. The remaining two directors from Council are Gary Fickes and W. Ralph Evans. Fickes and Evans have one year remaining on their term. The expired director place was held by Rod Johnson, who was appointed to the position on December 6, 1994, to fill the unexpired term of Larry Goldstein. Mr. Johnson has indicated by letter that he would like to be considered for reappointment. I have attached his letter and original application to Park and Recreation Board (e of your review. If you have questions, please do not hesitate to contact me. 0 ) ,/ AI I 1)`ric r. 110 F, P45(41 7 q a- 1 City of Southlake,Texas RESOLUTION NO. 95-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO THE SOUTHLAKE PARK DEVELOPMENT CORPORATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to the authority granted by the Development Corporation Act of 1979, Article 5190.6, Texas Revised Civil Statutes, as amended (the "Act"), the City Council found it advisable to authorize the creation of a non-profit corporation to be named the Southlake Park Development Corporation, to act on its behalf in financing, under the Act, eligible "projects" deemed to be for the benefit of the public; and, WHEREAS, the Board of Directors shall be composed of seven persons. Three (3) of the directors were appointed to one year terms and four persons were appointed for two year terms; and, WHEREAS, four (4) of the members shall be members of the City Council and the three (3) remaining directors must not be employees or officers of the City, or members of the City Council, and at least one of the remaining directors must be a member of the Southlake Park and Recreation Board; and, WHEREAS, currently two City Council positions have expired and one remaining director position has expired. The appointments are to be made for two year terms; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY SOUTHLAKE, TEXAS, THAT: Section 1. All of the findings in the preamble are found to be true and correct and the City Council hereby incorporates said findings into the body of this resolution as if copied in its entirety. Section 2. The City Council hereby appoints the following to fill the expired terms. The appointments are to expire on May 31, 1997 according to the By-Laws of the Southlake Park Development Corporation. 1. Councilmember 2. Councilmember 3. q 6- 2 _ Resolution No. 95-14 page two Section 3. This resolution shall become effective after its passage and adoption by the City Council. PASSED AND APPROVED THIS THE 6TH DAY OF JUNE, 1995. Mayor Gary Fickes ATTEST: Sandra L. LeGrand City Secretary L L �1 �-3 ICity of Southlake,Texas MEMORANDUM June 2, 1995 TO: Curtis E. Hawk, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 95-16, Appointment of Council Airport Representative Resolution No. 95-16, allows for the appointment of a Council member to serve as a representative on Airport Issues. In 1992, the Dallas/Fort Worth Airport requested a representative from the City who would attend the newly established "neighborhood forum" whereby surrounding cities would have an official vehicle for input concerning noise problems and other issues related to the airport. Councilmember Muller in the past has attended numerous seminars on airport issues and has expressed that she would like to be appointed to this position. If you have questions, please contact me. /sl 11771) L City of Southlake,Texas RESOLUTION NO. 95-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A COUNCIL REPRESENTATIVE TO DFW AIRPORT NEIGHBORHOOD NOISE FORUM. PROVIDING AN EFFECTIVE DATE. WHEREAS, in 1992, the Dallas-Fort Worth Airport staff established a "neighborhood forum" whereby surrounding cities would have an official vehicle for input concerning noise problems; and, WHEREAS, the City of Southlake was requested by DFW Airport to send a representative to the DFW Noise Forum, as it came to be known; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. that the above premises are found to be true and correct and are incorporated into the body of this resolution as if copied in their entirety. Section 2. that , is hereby appointed by the City Council to serve as the liaison to DFW Airport for the DFW Noise Forum and other related matters. Section 3. that the appointment is hereby effective upon passage of this resolution by the City Council. PASSED AND APPROVED this the day of , 1995. CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra L. LeGrand City Secretary City of Southlake,Texas MEMORANDUM June 2, 1995 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Coventry Addition Phase I Developer Agreement The draft Developer Agreement for Coventry Addition Phase I is attached. All of the usual requirements for cash escrow, letters of credit, performance bond or payment bond are included in the agreement. There a few items in the agreement that make this Addtion unique and these items are as follows: Page 1, GENERAL REQUIREMENTS, Section C: Added to the paragraph is "and after the final plat of the addition has been approved." Because of an apparent misunderstanding, the usual sequence of events were not followed. Usually the final plat is approved by Planning and Zoning Commission prior to the Developer Agreement being presented to City Council. This normal procedure is not specifically stated in any ordinance. Upon notification of this procedural difference the Developer has submitted the fmal plats and will be considered on the July 6, 1995 Planning and Zoning Commission meeting. The Developer has requested that staff proceed with the Agreement in order to provide as much construction time during the "dry" summer time to construct the off-site sewer. This sewer will provide sanitary sewer service to many existing subdivisions and homes in the area south of Dove Road and west of North Peytonville. This added clause in Section B, will assure that the fmal plat is approved before building permits are issued and if the Agreement is approved, allows the Developer to proceed with construction of the off-site sewer. Page 4, Section B.IDRAINAGF, the last sentence has been added. This statement affirms that the Developer agrees to comply with all provisions of the Texas Water Law. Even though State Law requires all development to comply with provisions of the Water Code, this statement will assure this understanding with all developers. Page 4, Section C. LAW COMPLIANCE: is added to assure our requirement that development is to be constructed within boundaries of all applicable laws. Page 5, Section D., STREETS: Developer proposes to construct an alternative roadway cross- section at the east entrance off of Shady Oaks. The street will be 25 feet wide instead of 30 feet Curtis E. Hawk, City Manager Coventry Additon Developer Agreement June 2, 1995 Page 2. in the 50 foot right-of-way. The engineering design is to soften the entrance and save trees. This design is in keeping with earlier discussion with the neighborhood. Drainage will be handled by small detention ponds on each side of the street. The 25 foot street width will provide two travel lanes, however, "no parking" will have to be posted thru this section of the street. City engineering has reviewed the plans and concurs in the engineering design. To accomplish this alternative roadway the City Council will need to waive the following requirements in Ordinance 217 Streets: • Section 4.1, C,1,b - which requires a 30 foot minimum pavement, and • Section 9, 1 - which requires a 60 foot right-of-way for a non curb and gutter street. _---- Page 7, Section I, START OF CONSTRUCTION: added is the first sentence. This again refers to the final plat approval in relation to the start of construction. Page 9, Article IV OTHER ISSUES: Section A, OFF-SITE SEWER: This section allows Developer to complete homes prior to the completion of the off-site sewer. Developer will be allowed to pump out of a holding facility for off-site disposal until the TRA Denton Creek Pressure System Phase III is completed. This section also provides for the Developer to be reimbursed for the oversizing required for the off-site sanitary sewer. City Ordinance No. 493, Sewer Extensions, provides in Article V (see attached) that the City will pay for the oversizing of a "interceptor line" if required by the City, and if it is larger than 8 inches. Article V also provides methods for the City to reimburse the Developer for these additional costs. The r of entry Addition is requesting that the City reimburse the oversiz' ost either: a) pay Developer in tv -ars rather than the five (5) ars 'ven in the Ordinance, or/ ' b) compensate the De\'ejer by allow' 007 credit aga' allowable fees that will be charged in both phases of the ddition with any remaining oversizing cost to be paid within three (3) years. Either of these requested options is a modification of the Ordinance and will need Council approval. Page 10 Section B, OFF-SITE DRAINAGE: It has been determined that the Addition's contributions to the critical structures downstream of the development is a total of$37,000. Phase I will be charged $20,000 of the total. Curtis E. Hawk, City Manager Coventry Additon Developer Agreement June 2, 1995 Page 3. Page 10, Section D, PARK FEES: Developer has presented information to the Park Board, and Park Board at their May 5, 1995 meeting is recommending to City Council to grant a 30% credit toward the Addition's Park Fees (memo attached). The Addition Phase I has fifty lots, therefore: 50 lots X $500/lot = $25,000 X 70% = $17,500. Page 11, Section E. PERIMETER STREET ORDINANCE: The Addition abuts two perimeter roads, Shady Oaks and North Peytonville. Because this development was started prior to the change in the perimeter road fees, the old fee of$50,000 per mile or $9.47 per foot is used to calculate the fee. Page 11, Section G: Developer has requested that Lot 29 be allowed to commence building as part of the Additions construction. As noted the Developer states " the home to be constructed on Lot 29 is important to set the tone for the development and complete the entry feature." From staff review of this request, it is similar to Council's release of lots along North Carroll Ave. for Phase I of Lonesome Dove Estates. In both cases the lot abuts a paved street and public water and fire hydrants are already in place. As noted in the Agreement, Lot 29 will be one of the five (5) early release permits as per Section I-A of this Developer Agreement. Page 11, Section H, OFF-SITE CREEK MAINTENANCE FUND: This section was added by the Developer's own decision. It was not required by the City Staff or any ordinance. Nor is this section and fund in lieu of any other fee required in this Agreement. The "Fund" will provide $15,000 in two installments for the City to maintain or improve the southfork of the Kirkwood Branch Creek. This is the creek that flows north parallel to Shady Oaks Drive from Highland north. Council should be aware that currently the City has no public easement for this creek except as it crosses the Ravenaux Place Addition. However, the "Fund" could be used for maintenance or improvements to the bar ditches and other drainage improvements in the area. In addition to this Agreement, and as per the City Council direction, staff has made the drainage plans available to the developer of Wakefield Addition and his engineers. They have had a set of the plans for approximately two weeks and at the time of this memo we have not received any comments back from their review. The City is not required to incorporate any of the review comments from the outside engineers review, however, staff would certainly use any appropriate comments received. All construction plans have been reviewed and comments sent to the design engineer. Upon Le receipt of the revised final plans and the developer meeting all of the requirements in this Agreement, construction can proceed. However, because there is no ordinance prohibition, and (ive Curtis E. Hawk, City Manager Coventry Additon Developer Agreement June 2, 1995 Page 4. it has been standard practice, the Developer will be allowed to proceed with the clearing and grubbing and rough cutting of the streets in the Addition. Even though this Developer Agreement is out of sequence in our normal procedure, there is no ordinance specifically stating a series of required actions or approvals. Therefore, the Developer would ask that this Agreement be placed on the June 6, 1995 City Council agenda. BW/sm Attachments: Article V- Ordinance 493 (we Memo from Shana Yelverton Developer Agreement Maps (ow /D ". F,e r,. and. 0 - Soumex eiliStWonk elnimuutce_ set forth in Article V, below. At no time shall the Developer be (1,1p, i entitled to receive reimbursement for a sum greater than the initial cost of the line less the pro rata share of capacity of that line that would have been attributable to the initial Developer for his consumption of capacity in the system. - ARTICLE V Oversizinq: A. The Director of Public Works of the City of Southlake may require a Developer to install an interceptor line larger than that necessary to support his or her specific development. In the event that the Director of Public Works requires the installation of an interceptor line larger than required to serve the development, then the Developer installing the interceptor line will be reimbursed by the City of Southlake for the difference in cost ( , between the size of the line required by the Director of Public Works and an eight (8) inch line or the size of the line required to serve the development, whichever is greater. The City will have five (5) years to pay the Developer for the difference in cost for the oversizing requirement. The City may compensate the Developer for the difference in cost mandated by oversizing through the process of allowing the Developer credits of up to fifty (50) percent of all development fees charged against any portion or phase of the development requiring the construction of the interceptor. Upon written request of the Developer, credit for development fees may be transferred from the current development project to subsequent development projects, subdivisions or phases undertaken by the Developer. Any balance remaining due and owing (tior . -11- / 7 from the City to the Developer for oversizing at the end of five years will be paid in full at that time by the City. SECTION IV CUMULATIVE PROVISION This ordinance shall be cumulative of all provisions or ordinances and or the code 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 V. SEVERABILITY CLAUSE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence ,paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and section 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 VI. PENALTY PROVISION A. Fines: Any person, firm, corporation, agent or employee thereof who violates any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof (lbw -12- City of Southlake,Texas (kire MEMORANDUM May 10, 1995 TO: Bob Whitehead, Director of Public Works FROM: Shana Yelverton, Assistant City Manager SUBJECT: Park Dedication Fee Credits -- Coventry Park Board Recommendation Southlake Coventry J.V. has requested that the City of Southlake grant a 50% waiver of the park dedication fees required for Coventry Phases I & II. There are 101 total lots for this development, for a total parkland dedication assessment of$50,500 ($500/lot). The Park Board considered this request at its May 8, 1995 Park Board meeting and are recommending to the City Council that the developer be awarded 30% credit for a total assessment of$35,350. The attachments document the Park Board's assessment of the amenities proposed by Coventry. You will note that the developer is interested in developing a somewhat passive park area, which would include ponds, a rock-lined water course, an arbor, significant landscaping, and a 6' trail Laround the perimeter of the park area. In determining the appropriate level of credit, the Park Board reviewed the proposal based on the following criteria: conformance with the Park Master Plan, recreational value, environmental features, access/parking (pedestrian/vehicle), site plan clarity, and amenity construction timetable. Please include the recommendation as part of the packet information for Coventry's developer's agreement. I will be happy to answer any questions you may have about the Park Board's recommendation. fitY SKY cc: . Rod Johnson, Southlake Parks & Recreation Board Kim McAdams, Park Project Manager L a L - 0 to) N. U . N 0 ae m a.) U U ¢ a UoWx o N U --,1 o a `�° v� U -41 O a wA UWi II .E A w U 0 a 0 O • ca 1 L , . . 1=1 N W 0 U °' U '� ca w O 0 '0 o E O W " I. ace v o w e H b 41 4.) u+ b eo A U qc� 4 15 a A U Si w A U U a uM O >4 z Io w U U u b u N ; • 0 td El v MI0 U . R. 0.0N O O El.N. a AZ Aa/4 Exhibit B .::;`:. g`:::fi �::�:k>::<:>::r:ir.� �i:::kifii`:�:.i.:::_:Y ::: :::::::::::.2::: :::::` ::�:::i::::;;::;;:;::::::x;;:::::; ::::R :% :;isfi:: :}:>::s�:::i::::;::::::::•'::i::;:r::::;:;::i::::x::;::;::::;::::?::::::::::>::;:::::::;;`::::;::::i �;;:::;;::;:::;:;::;.::•;>;::::r::.::. . ........................ .... .......... ....:..,...............:RECREAfiSflN.;;:�MB3Z0. : :.:. ...: `-(hile)JECT: Location: S. ocpovc. oo4 COVEtJTa/ Be wcrn 4-orty);1 k. y Shady O+1GS Phase: Z Total Acres: (WO+ Total Lots: LO) Total Parkland Dedication Assessed: $ 5O,Soo (Residential = $500/lot; Commercial = $500/acre) Total Parkland/Open Space Proposed: 13 acxes - Developer: Szu.114 Atz•E c ovetiTR--y 3y Contact: t t E Address: Ib25o 1)Au- s • }�1='J`/ Phone: (2,14" q31- 391 I Consultant: Jo ki LI l,.Ev l`t-[- Contact: So►+rJ Phone: ($( 1) 493- 3 313 Possible Number Estimated #Recommended in Improvement Provided Unit Cost Zone 1 Comments • • Picnic Tables 2,0 Benches BBQ Grills Tot Lot 40sround � 1 : 4' wide (miles) Trail: 6' wide(miles) 1,"150 ix $14.000 * U1rixt,d {O d r►aA-c. -on+a�a on 1 Oaks Abr 4irdj1 V,S ••,• i�.Y_ e�e�i/,y4�t� . Fitness Course Q Ballfield Backstop f] 4 Soccer Field Tennis Courts 0 4 Multi-purpose court 0 2 Parking Spaces 3 4 3,SOo Z.$ Irrigated Turf Acres 'J Cie.. $38,Sto ID O.C. La•ndSca.p in g itwl,uu„►a �7Q116 $12..o0o P1Q,r�ts, Q4 oW¢xs, t r r,cyt.1-�on Nature Area 7 ol.0 4 2D,000 U.ndislurba d arms Yt-2Sktblish Swimming Pools Wa#144., grasses 7 Q l+`nod Lahr -C t arse• 4 8,Sco Ponds I1klo.urfa.11 66,000 L;sS1op Enclosux e.- a4-S3r;daje, 4 1-4s,o 00 w j btAchcs 415,ood �e ir 1 OO ^5 r't �goosi C TOTALS $7.24,SOO P .' jon PARK DEDICATION FEES CREDIT EVALUATION Attachment C-1 Q X m�G(�dQ Scoring Summary Abe Project: CDV Q..Y1.4-9 Developer: ��,l�e, 0-OVQ.t1ft j TV CRITERION 1. Conformance with Park Master Plan(P.M.P.) - (35 points) Total Points ' 10 Some, -Era.;I aY ound lake, Ord pr4.se.rv¢.cl open, Spaces CRITERION 2. Recreational Value-(25 points) Total Points as Al I ar moi app mei ale, '14 WC-CA' Co rc,C,S , 4 i-a_i I s f n by s • CRITERION 3. Environmental_� � Features - (20 points) Total Points IC Propod plan D4�c.Ns -L�1e- unique, Zak- �.re., or ors arbor Dozy look 0 hi 4or; cal C./Lrn¢.-1-a,n.� • J CRITERION 4. Access/Parking (Pedestrian/Vehicular)-(15 points) Total Points l S QQ 6 Q.Srri Qf1 GCBs -Pr)r p xlc-1 Q QCes prc✓t d e_ci • CRITERION 5. Site Plan Clarity - (5 points) Total Points 5 biiU axe Clad pr vO a. (JQ.r CRITERION 6. Amenity Construction Timetable(-20 points) Total Points O Project Phasing ouad b2, nrnplpAtd 1 i -Ktn one, motmo or lass OVERALL TOTAL (Criteria 1-6) (100 total points) TOTAL POINTS 10 ,. *RECOMMENDED CREDIT 306 *Points Required for CREDIT: 50% = 100-90, 40% = 89-75, 30% = 74-60, 20% = 59-45, 10% = 44-30, 0% = 29-0 /� �/ Attachment C-2 PARK DEDICATION FEES CREDIT EVALUATION Project: Date: CRITERION 1. CONFORMANCE WITH PARK MAS .b.:R PLAN (P.M.P.) (35 POINTS) 1.1 Do the amenities offered by the developer: a. exceed P.M.P. recommendations for the population 35 points b. meets recommendations for the population 25 points c. most improvements meet recommendations _20 points d. fulfills more than one significant element of P.M.P. zone 15 points e. fulfills at least one significant element of P.M.P. zone 1./10 points d. does not conform to recommendations _ 0 points CRITERION 2. RECREATIONAL VALUE (25 POINTS) 2.1 Site has interesting recreation opportunities for: a. all ages ✓25 points b. all but one age level _20 points c. more than one age level _ 15 points d. only one age level 10 points e. conflicting age level participation _ 0 points CRITERION 3. ENVIRONMENTAL FEATURES (20 POINTS) . 3.1 Site has: a. many unique/significant environmental features 20 points b. some unique environmental features 1,15 points c. more than one unique environmental feature _ 10 points d. one unique environmental feature _ 5 points e. limited/no unique environmental features _ 0 points f. destruction/removal environmental features _ -2 points CRITERION 4. ACCESS / PARKING (15 POINTS) 4.1 Pedestrian access to the park/recreation/open space area is available: a. excellent pedestrian access is provided 1".-10 points b. pedestrian access is adequate _ 8 points c. some pedestrian access is provided _ 6 points d. limited pedestrian access provided 4 points e. pedestrian access via streets only _ 0 points f. impediments to pedestrian access _-2 points 4.2 Vehicular parking is provided, if necessary: a. on site (or No Parking required) �5 points b. nearly adequate parking on site _ 4 points c. some parking on site _ 3 points d. adequate parking near site _ 2 points e. minimal parking on/near site _ 1 point _ f. no parking provided _ _ 0 points Attachment C-2 PARK DEDICATION FEES CREDIT EVALUATION Cont'd - Page Two • (kw CRITERION 5. SITE PLAN CLARITY (5 POINTS) 5.1 Site Plan: a. details all improvements clearly 175 points b. generally shows all improvements 4 points c. improvements shown but retains options 3 points d. conceptual in nature 2 points e. vague about improvements _ 1 point f. not provided _ 0 points CRITERION 6. AMENITY CONSTRUCTION TIMETABLE(-20 POINTS) 6.1 Construction: a. improvements completed 6 mos- 1 year points b. improvements completed 1 year- 18 mos =10 points c. improvements completed 18 mos-2 years =15 points d. improvements completed greater than 2 year _-20 points • L /D� - TYPICAL CREDIT CRITERIA Attachment D Credit - Point Range (kr 50% All improvements exceed P.M.P. recommendations for population, 90 - 100 Sufficient parking on site, Excellent pedestrian access throughout addition to park, Interesting recreation opportunities for all age levels, Site has many unique/significant environmental features., (i.e., rock outcroppings, topography, water features, plants, wildlife), Site Plan details all improvements clearly. Improvements will be completed immediately. 40% Improvements meet P.M.P. requirements for population, 75 - 89 Nearly adequate parking on site, Pedestrian access to park is adequate, Interesting recreational opportunities for all but one age level, Site has some unique environmental features, Site Plan generally shows all improvements. Improvements will be completed 6 mos - 1 year later. 30% Most improvements meet P.M.P. recommendations for population, 60 - 74 Some parking provided on site, Some pedestrian access provided, (bile Interesting recreational opportunities for more than one age level, Site has more than one unique environmental feature, Site Plan shows improvement, but retains options. Improvements will be completed 1 year to 18 mos later. 20% Fulfills more than one significant element of P.M.P. zone, 45 - 59 Adequate parking near site, Limited pedestrian access, Interesting recreational opportunities for only one age level, Site has at least one unique environmental feature, Site Plan is conceptual in nature. Improvements will be completed 18 mos -2 years later. 10% Fulfills at least one significant element of P.M.P. zone, 30 -44 Minimal parking on/near site, Pedestrian access via streets only, Site has limited unique environmental features, Site Plan is vague about improvements, Site has no unique environmental features. Improvements completed greater than 2 years later 0% Improvements do not conform to Master Plan recommendations, 0 -29 No parking provided, Impediments to pedestrian access, Conflicting age level participation, No Site Plan/Concept Plan provided, Site development has destroyed/removed unique environmental features. COVENTRY ADDITION DEVELOPER AGREEMENT An Agreement between the City of Southlake,Texas, hereinafter referred to as the "City," and the undersigned Developer,hereinafter referred to as the "Developer," of the 1• f` Addition, to the City of Southlake, Tarrant County, Texas, hereinafter referred to as the "Addition," for the installation of certain community facilities located therein,and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the lots contained within the r Addition Phase I and to the off-site improvements necessary to support the Addition. I. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. Since the Developer is prepared to develop the Addition as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin as quickly as possible and the City is desirous of having the subdivision completed as rapidly as possible,the City agrees to release 10% - •f the lots after installation of the water and sewer mains. Framing shall not commence until water quality is approved by the City and all appropriate Fire Code requirements are satisfied, and street signs(temporary or permanent)with street names are in place. The remaining building permits shall be released • i A , eemplete:The Developer recognizes that Certificates of Occupancy for residential dwellings will not be issued until the supporting public works infrastructure within the Addition has been accepted by the City,and this will serve as an incentive to the Developer to see that all remaining items are completed so that final acceptance can be obtained. C. The Developer will present to the City either a cash escrow, letters of credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the facilities to be constructed by the Developer, and providing for payment to the City of such amounts,up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two(2)years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best-rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. C." The value of the performance bond, letters of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance and payment bond, letters of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. D. The Developer agrees to furnish to the City maintenance bonds, letters of credit or cash escrow amounting to 20%of the cost of construction of underground utilities and 50% of the construction cost for paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two(2)years and will be issued prior to the final City acceptance of the subdivision. The maintenance bonds,letters of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. E. Until the performance and payment bonds, letters of credit or cash escrow required in Paragraph C has been furnished as required, no approval of work on or in the Addition shall be given by City and no work shall be initiated on or in said Addition by Developer, save and except as provided above. F. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove shall be vested in the City and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities shall occur at such time that City, through its City Manager or his duly authorized representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved and are being accepted by the City. G. On all public facilities included in this agreement for which Developer awards his own construction contract, Developer agrees to the following procedure: 1. Developer agrees to pay the following `' a. Inspection fees equal to three percent(3%) of the cost of the water, street,drainage and sanitary sewer facilities,on all facilities included in this agreement for which Developer awards his or her own construction contract,to be paid prior to construction of each phase and based on actual bid construction cost; -2- b. Administrative Processing Fee equal to two percent(2%)of the cost of water,street,drainage and sanitary sewer facilities,on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; c. Trench testing(95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for retesting as a result of failed tests; f. All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade(95% Standard); b. Technicians time for preparing concrete cylinders; and c. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and accepted by the City. H. The Developer and any third party, independent entity engaged in the construction of houses,hereinafter referred to as.Builder will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen(15)days written notice, should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer or Builder for reasonable costs. Should such cost remain unpaid for 120 days after notice,the City can file a lien on such property so maintained. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. -3- /D,�-�c J. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas,provided that the City,through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. II. FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and reviewed by the City. Further,the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs,materials and engineering. In the event that certain water lines are to be oversized because of City requirements,the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction,testing and irrigation purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers,reviewed by the City Engineer,and made part of the final plat as approved by the City Council. The Developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. ;,),y ='r w Lir � f °�' > tz, y 4e .d� , sr to ales _.[ �s !lht ,44)t. D. STREETS: 1. The street construction in the Addition shall conform to the requirements in Ordinance No. 217. Streets will be installed in accordance with plans and -4- /&i9& specifications to be prepared by the Developer's engineer and reviewed by the City Engineer. F ryLi „€x (e€ ,�Ce ast Y7 9� ? `y � ' § &Yti — J '� a •, F e L � P6 uBr 1 a £ F' 16— ? � '- € a_ ' , z r° )...5 e �ss ems; >a `� �� na3r '' a� 2. The Developer will be responsible for: a)Installation and two year operation cost of street lights,which is payable to the City prior to final acceptance of the Addition; b) Installation of all street signs designating the names of the streets inside the subdivision,said signs to be of a type,size,color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances: c) Installation of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as directed by the Director of Public Works.It is understood that Developer may put in signage having unique architectural features,however,should the signs be moved or destroyed by any means the City is only_ responsible for replacement of standard signage. 3. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be (0,, installed within the street or within the street right-of--way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre-planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. -5- /6 - /7 E. ON-SITE SANITARY SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and reviewed by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. F. EROSION CONTROL: During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this subdivision. When, in the opinion of the Director of Public Works,there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer,the Developer will have seventy-two (72)hours to clear the soil from the streets or affected areas. If the Developer does not remove the soil from the street within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the Developer's expense. All expenses must be paid to the City prior to acceptance of the Addition. G. AMENITIES: • It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes,unique landscaping,walls,and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty item such as walls, vegetation,signage,landscaping, street furniture,pond and lake improvements until such responsibility is turned over to a homeowners association. H. USE OF PUBLIC RIGHT-OF-WAY: It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way,such as landscaping,irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer and his successors and assigns understand that the City shall not be responsible for the replacement of these amenities under any -6- /D/4-a circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall,at his own cost and expense, defend and protect City against all such claims and demands. I. START OF CONSTRUCTION: ,t 4'_x eexs ; w & 7t `; 77, €,' bU '4� eta • °.;q C{y $@t£ E_ � ;[.c] t •efore the construction of the streets, and the water, sewer, or drainage facilities can begin,the following must take place: 1. Approved payment and performance bonds must be submitted to the City in the name of the City prior to the commencement of any work. 2. At least six (6) sets of construction plans stamped "Released for Construction" by the City Engineer must be submitted. 3. All fees required to be paid to the City. 4. Developer's Agreement executed. 5. The Developer, or Contractor shall furnish to the City a policy of general liability insurance,naming the City as co-insured,prior to commencement of any work. 6. A pre-construction meeting between Developer and City is required. III. GENERAL PROVISIONS: A. Developer covenants and agrees to and does hereby fully indemnify,hold harmless and defend the City, its officers, agents, servants and employees, from all claims, suits or causes of action of any nature whatsoever,whether real or asserted,brought for or on account of any injuries or damages to persons or property, including death, resulting from or in any way connected with the agreement or the construction of the improvements or facilities described herein;which indemnity, shall terminate upon acceptance by the City of such improvements or facilities; and in addition, the Developer covenants to indemnify,hold harmless and defend the City, its officers, agents, servants and employees,from and against any and all claims, suits or causes of action of any nature whatsoever,brought for or on account of injuries or damages to persons or property, including death, resulting from any failure to properly -7- /D�/9 (..- safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of the Developer, its contractors, subcontractors, agents, servants or employees, which indemnity, shall terminate upon acceptance by the City of such improvements or facilities. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer,his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection,the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of (10" damage to property and injuries, including death,to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees,or any of them,on account thereof,to pay all expenses and satisfy all judgement which may be incurred by or rendered against them or any of them in connection herewith. D. This agreement or any part thereof or any interest herein,shall not be assigned by the Developer without the express written consent of the City Manager,which shall not be unreasonably withheld or delayed. E. On all facilities included in this agreement for which the Developer awards his own construction contract,the Developer agrees to employ a construction contractor who is approved by the City,and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. F. Work performed under the agreement shall be completed within two(2)years from the date thereof. In the event the work is not completed within the two (2) year (..., -8- 4D,a0 period, the City may, at its election,draw on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense;provided,however,that if the construction under this agreement shall have started within the two (2) year period, the City may agree to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time. G. The City is an exempt organization under Section 151,309, Tax Code, and the facilities constructed under this Agreement will be dedicated to public use and accepted by the City upon acknowledgement by the City of completion under Paragraph I.F. 1. The purchase of tangible personal property, other than machinery or equipment and its accessories, repair, and replacement parts, for use in the performance of this Agreement is, therefore, exempt from taxation under Chapter 151,Tax code, if the tangible property is: a. necessary and essential for the performance of the Agreement; and b. completely consumed at the job site. 2. The purchase of a taxable service for use in the performance of this Agreement is exempt if the service is performed at the job site and if: a. this Agreement expressly requires the specific service to be provided or purchased by the person performing the Agreement; or b. the service is integral to the performance of the Agreement. IV. OTHER ISSUES: A. OFF-SITE SEWER: 5 x 4#�Y &S• ' -) sq.", -9- C tk1 C € c•tc rto, S tea 'vt tw sri a f `el t CA t t € T �� trt • B. OFF-SITE DRAINAGE: The Developer understands that the Drainage Ordinance, Section 6.06-B, requires that each development contribute on a pro-rate basis towards the cost of replacing critical drainage structures downstream from the development. This development is within the basin served by the box culverts in • i r Jr €� £ C�€ �.i: • & e twa1,32 C. OFF-SITE WATER: Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and reviewed by the City. Further, the Developer agrees to complete this installation in accordance with current ordinances and shall be responsible for all construction costs,materials and engineering. In the event that certain water lines are to be oversized because of City requirements,the City will reimburse the Developer for the oversize cost. D. PARK FEES: The Developer agrees to pay park fees in conformance with Ordinance No. 483 (Subdivision Old.),Article VII,Park and Recreation Dedication Requirements. 121, €r F. aft( € . .. h:&e t fls t,.: s ' occIrdt,c,st.r is i aa;c. . ' € .,� , :t.: C -10- Le, E. PERIMETER STREET ORDINANCE: t �.,a., ,. 3 , F. TREE PRESERVATION ORDINANCE: All construction activities shall meet the requirements of the Tree preservation Ordinance 585. f(610,, E - ,$ ar�� °f ..���'� t� $F�£@' �@?Ek £ 2 S. hI $ N �a ��W 'ia.�?,f 4 �87� �Bb, €,' •' $6C 9 , # (t .. -11- /D,4-a73 SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Title: Address Date: CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra LeGrand, City Secretary Date: e:I wpftlesIdevagreeYorn at -12- /‘ � 7 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit(L of C)must have a duration of at least one year. 2. The L of C may be substituted for utility security deposits exceeding$10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The L of C must be issued by an FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The L of C must be issued by a bank that has a minimum capital ratio of six(6%)percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against L of C must be permitted. ci 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining L of C. 9. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days prior to the expiration date on the L of C held by the City. c:1 xpftles l devagree Iformat -13- 1 x ii,>.•. c [ Si H.I I`A Ylf�l pit- oo,,. t. 4. ,`'- [[`` - , j • 4 w aw.t. .-•rs rz P ' I r J�N r.. n" i'dl�i^.I/ , w r � I� 4 ,•uk I I a..�I an.."t SATEpN Sewee MIA I • • 4., . -0 I an.. , tam 6 r A� 13r.«- � . , 1 1E ! IL I ()) ,�,{ pip}-' --/--_--'--_ „ ga 'n 1 / 1 c:n ox,. • mA 1 ,� .., GRE' __ RE1 . I� pR RD f'll': : :\\\ 7 I alD• • • .' AWYIA9 ..!1L�'' ---- • C. ©fa ' «,•-•:;, ti ,..a. �s A. . _ , ■A. DART "e11 a �,��. pigmy J. WESTn MI 51 IA MI g LL■4 - 7 I M sr • ■.. WA? est 1 RpU r 1 C u a { w.. el us w��r�i/�Er r tlt H.! 1.i���W� ■. �� IiIIIIIIII2 - i - 1. ...... , - : i na ir r II f ■rr. 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'7.-4•, I 0 1Fr)...-R-,IP. -.1,--\ \pdttis.A-oprotk: ;or AN, 11 iaMiriti iropt\vreAbleib: TeVadi iiiii triiiifitilir4b, .k4AtieLdit110144 1 1 I b 1 t*P, #74 P.'r--•:"-Tm.16.V7Tra- --J"' ''f V& i III lq i ;LIS A. iiii 4.111gOIM,:q*ifil .., .r- itilV j1I jilt • i ipi IC ;',`Aillt. irlicatri ,I tg. !IP a 0 lirib Apr , , I , Ykitait �J111.i Oi 061 10 'I 1 1111$ . 151._r_LW, 1 [1 i le Wm.". •-•;,,,,....: , - 1LIN RTIWCOLLIII il. 1111! �I 11' i, � ! il IL I n R.' ..•1;Pi1 mho!. flagil / / 7 14 " . / Gtren/`-ate Regular City Council Meeting Minutes October 4, 1994 4r <-/ ru/tr -/iV14/ - - page six Agenda Item #7-A, Continued David McMahan stated they will stand by Mr. Dahlson's comments that this does meet the Land Use Plan, even exceeds the plan and is greater than many other additions that have been presented and approved. He also feels the City Council should vote for what is best for the City. McMahan stated he feels the reasons the people are not here tonight is because they feel confident that PIMA will do a good job. They are prepared to meet all issues that have been discussed. Councilmember Andy Wambsganss read from a letter he received from Richard Crow stating some of the issues from citizens, which were given to him today as the result of meetings between the developer and citizens. Items listed in the memorandum dated October 4, 1994, include: 1. PIMA Properties, or David McMahan will not, if successful in purchasing at a later date the property to the north of the subject property currently owned by Ruby Hill, seek any development plan that requires lot size less than a full one acre, as currently defined in the SF-lA zoning ordinance. 2. PIMA will use best efforts to allow an engineering firm hired by SPIN #11 or SPIN #12 to monitor and work hand-in-hand as a consultant with respect to the drainage design for Coventry. 3. Post Oak Trail and Coventry Lane will not be aligned. 4. The developer will install community playground equipment in the open space, after consultation with the home owners association, at the appropriate time. 5. SPIN#11 and SPIN#12 and the developer respectfully request the city to allocate not less than 50% of fees paid to the City with regard to street improvements to be allocated equally to repairs and improvements to the abutting streets. :. The developer agrees that: (1) the number of lots will not exceed 101, (2) that the smallest lot size will not be less than 21,000 square feet, (3) each home shall not be less than 2,700 square feet of air conditioned space, excluding garages and other non-living areas. 7. The developer, in keeping with earlier representations, agrees to waive any reimbursement that may be due as part of the sewer. 3 Regular City Council Meeting Minutes October 4, 1994 page seven Agenda Item #7-A. Continued 8. The developer will not allow chain link or stockade type fences in any section of Coventry. 9. The developer will provide a berm of at least four (4) feet along any abutting roads. All fencing near abutting roads shall be between the constructed home and the berm. Council asked Mr. McMahan to address the nine comments at the appropriate time. Mayor Gary Fickes noted the appropriate time for the developer and the City to address the comments will be during the Developer Agreement and platting phases. Motion was made to approve Ordinance No. 480-144, 2nd reading (ZA 94-88) subject to the fourth Plan Review Summary dated September 30, 1994, deleting items #1 and #2, and items #3-B and #3-C. Motion: Father Second: Apple Ayes: Father, Apple, Evans, Franks, Wambsganss, Fickes Nays: Richarme Approved: 6-1 vote See page twenty-one of the minutes for reading of the caption of Ordinance No. 480-144 Council recessed at 8:50 p.m. Council reconvened at City Hall at 9:15 p.m. Agenda Item #3. Approval of the Minutes of the September 20. 1994 Meeting The minutes of the Regular City Council meeting held on September 20, 1994, were approved as corrected. Motion: Apple Second: Richarme Ayes: Apple, Richarme, Father, Franks, Evans, Wambsganss, Fickes Nays: None Approved: 7-0 vote ,e r City of Southlake,Texas MEMORANDUM June 1, 1995 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Timber Lake Phase V Developer Agreement The draft Developer Agreement for Timber Lake Phase V is attached. All of the usual requirements for cash escrow, letters of credit, performance bond or payment bond are included in the agreement. There are a few items in this agreement that make this Addition unique and these items are as follows: Page 4, Paragraph B. has a statement added. This statement affirms that the Developer agrees to comply with all provisions of the Texas Water Law. Even though State Law requires all development to comply with provisions of the Water Code, this statement will assure this understanding with all developers. Page 4, Section C, LAW COMPLIANCE: is added to assure our requirement that development is to be constructed within all boundaries of the law. Page 9, OFF-SITE AND/AND OR SEWER PRO-RATA: is deleted because all of the sewer is coming from previous completed phases of Timber Lake Addition. Page 9, Paragraph A. OFF-SITE DRAINAGE: states that Developer agrees to pay pro-rata towards the cost of replacing critical drainage structure. Developer will pay $10,745.94 towards the culvert expense in the West Continental drainage structure. • Page 9, OFF-SITE WATER: is deleted because water lines will link to previous phases of Timber Lake Addition. Page 10, Paragraph B., Park Fees: There are no park fees charged to this Addition. Park land in the amount of 5.3 acres was donated by the Developer to the City during the construction of phases III and IV. Also, the Developer agreed to install certain improvements on park property in conjunction with the construction of Country Walk. City Council agreed to accept the park land and credit the Developer 100% toward park fees at the April 5, 1994 meeting (see attached minutes). (isi, Page 10, Paragraph C., PERIMETER STREET ORDINANCE: requires the Developer to pay $13,628.89 toward perimeter street West Continental Blvd. Because this Addition was presented Curtis E. Hawk, City Manager Developer Agreement Timber Lake Phase V May 31, 1995 Page 2. to Planning and Zoning before the new Perimeter Street Fee was adopted, the old fee of$50,000 per mile is applicable. Page 10, Paragraph E. FINAL ACCEPTANCE OF ADDITION: Timber Lake Phase V is the final addition being constructed in Timber Lake Addition. Before Phase V is accepted by the City, the Developer is required to submit all necessary documents, such as-built plans and benchmarks, on all previous phases of Timber Lake. Please place this on the June 6, 1995 agenda for Council consideration. BW/sm Attachments: Developer Agreement Minutes Two maps L Jr TIMBER LAKE PHASE V ADDITION 16, DEVELOPER AGREEMENT An Agreement between the City of Southlake, Texas, hereinafter referred to as the "City," and the undersigned Developer, hereinafter referred to as the "Developer," of h. , Addition, to the City of Southlake,Tarrant County,Texas,hereinafter referred to as the"Addition," for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the lots contained within the'` Addition Phase and to the off-site improvements necessary to support the Addition. I. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. • B. Since the Developer is prepared to develop the Addition as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin ci as quickly as possible and the City is desirous of having the subdivision completed as rapidly as possible, the City agrees to release 10% (seven) of the lots after installation of the water and sewer mains. Framing shall not commence until water quality is approved by the City and all appropriate Fire Code requirements are satisfied, and street signs(temporary or permanent)with street names are in place. The remaining building permits shall be releas- • e,_ . The Developer recognizes that Certificates of Occupancy for residential dwellings will not be issued until the supporting public works infrastructure within the Addition has been accepted by the City, and this will serve as an incentive to the Developer to see that all remaining items are completed so that final acceptance can be obtained. C. The Developer will present to the City either a cash escrow, letters of credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the facilities to be constructed by the Developer,and providing for payment to the City of such amounts,up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two(2)years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best-rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. co, The value of the performance bond, letters of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance and payment bond, letters of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. D. The Developer agrees to furnish to the City maintenance bonds, letters of credit or cash escrow amounting to 20%of the cost of construction of underground utilities and 50% of the construction cost for paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two(2)years and will be issued prior to the final City acceptance of the subdivision. The maintenance bonds,letters of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. E. Until the performance and payment bonds, letters of credit or cash escrow required in Paragraph C has been furnished as required, no approval of work on or in the Addition shall be given by City and no work shall be initiated on or in said Addition by Developer, save and except as provided above. F. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove shall be vested in the City and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities shall occur at such time that City, through.its City Manager or his duly authorized representative, provides Developer with a written acknowledgement that all facilities are complete, have been inspected and approved and are being accepted by the City. G. On all public facilities included in this agreement for which Developer awards his own construction contract,Developer agrees to the following procedure: 1. Developer agrees to pay the following: a. Inspection fees equal to three percent(3%) of the cost of the water, • street,drainage and sanitary sewer facilities,on all facilities included in this agreement for which Developer awards his or her own construction contract,to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing Fee equal to two percent(2%)of the cost of water,street,drainage and sanitary sewer facilities,on all facilities included in this Agreement for which Developer awards his or her -2- 0 — S� own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; c. Trench testing(95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays,and after normal working hours; e. Any charges for retesting as a result of failed tests; f. All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade(95% Standard); b. Technicians time for preparing concrete cylinders; and c. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and accepted by the City. H. The Developer and any third party, independent entity engaged in the construction of houses,hereinafter referred to as Builder will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen(15)days written notice, should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer or Builder for reasonable costs. Should such cost remain unpaid for 120 days after notice,the City can file a lien on such property so maintained. I. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. J. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas,provided that the City,through the -3- City Manager,shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. II. FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and reviewed by the City. Further,the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs,materials and engineering. In the event that certain water lines are to be oversized because of City requirements,the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation • purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers,reviewed by the City Engineer,and made part of the final plat as approved by the City Council. The Developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. '_ D. STREETS: 1. The street construction in the Addition shall conform to the requirements in Ordinance No. 217. Streets will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and reviewed by the City Engineer. -4- • 2. The Developer will be responsible for: a)Installation and two year operation cost of street lights,which is payable to the City prior to final acceptance of the Addition;b) Installation of all street signs designating the names of the streets inside the subdivision,said signs to be of a type,size,color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances: c) Installation of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as directed by the Director of Public Works.It is understood that Developer may put in signage having unique architectural features,however,should the signs be moved or destroyed by any means the City is only responsible for replacement of standard signage. 3. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre-planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. E. ON-SITE SANITARY SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and reviewed by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. -5- F. EROSION CONTROL: During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc.,to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this subdivision. When,in the opinion of the Director of Public Works,there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer,the Developer will have seventy-two (72)hours to clear the soil from the streets or affected areas. If the Developer does not remove the soil from the street within 72 hours, the City may cause the soil to be removed either by •contract or City forces and place the soil within the Addition at the Developer's expense. All expenses must be paid to the City prior to acceptance of the Addition. G. AMENITIES: It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes,unique landscaping,walls,and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the cw, . construction and maintenance of all such aesthetic or specialty item such as walls, vegetation,signage,landscaping,street furniture,pond and lake improvements until such responsibility is turned over to a homeowners association. H. USE OF PUBLIC RIGHT-OF-WAY: It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way,such as landscaping,irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer and his successors and assigns understand that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall,at his own cost and expense, defend and protect City against all such claims and demands. START OF CONSTRUCTION: Before the construction of the streets,and the water,sewer,or drainage facilities can begin,the following must take place: -6- /0%'- 2 l. Approved payment andperformance bonds must be submitted to the Cityin PP P Ym the name of the City prior to the commencement of any work. 2. At least six (6) sets of construction plans stamped "Released for Construction" by the City Engineer must be submitted. 3. All fees required to be paid to the City. 4. Developer's Agreement executed. 5. The Developer, or Contractor shall furnish to the City a policy of general liability insurance,naming the City as co-insured,prior to commencement of any work. 6. A pre-construction meeting between Developer and City is required. III. GENERAL PROVISIONS: A. Developer covenants and agrees to and does hereby fully indemnify,hold harmless and defend the City, its officers, agents, servants and employees, from all claims, suits or causes of action of any nature whatsoever,whether real or asserted,brought for or on account of any injuries or damages to persons or property, including death, resulting from or in any way connected with the agreement or the construction of the • improvements or facilities described herein; which indemnity, shall terminate upon • acceptance by the City of such improvements, or facilities; and in addition, the Developer covenants to indemnify, hold harmless and defend the City,its officers, agents,servants and employees,from and against any and all claims, suits or causes of action of any nature whatsoever,brought for or on account of injuries or damages to persons or property, including death, resulting from any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of the Developer, its contractors, subcontractors, agents, servants or employees, which indemnity, shall terminate upon acceptance by the City of such improvements or facilities. • B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to Cy -7- /0 /->" S be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection,the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death,to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers,agents, servants or employees,or any of them,on account thereof to pay all expenses and satisfy all judgement which may be incurred by or rendered against them or any of them in connection herewith. D. This agreement or any part thereof or any interest herein,shall not be assigned by the Developer without the express written consent of the City Manager,which shall not be unreasonably withheld or delayed. E. On all facilities included in this agreement for which the Developer awards his own construction contract,the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. F. Work performed under the agreement shall be completed within two (2)years from the date thereof. In the event the work is not completed within the two (2) year period,the City may, at its election,draw on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense;provided,however,that if the construction under this agreement shall have started within the two (2) year period, the City may agree to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time. G. The City is an exempt organization under Section 151,309, Tax Code, and the facilities constructed under this Agreement will be dedicated to public use and accepted by the City upon acknowledgement by the City of completion under Paragraph I.F. -8- /6 1. The purchase of tangible personal property, other than machinery or equipment and its accessories, repair, and replacement parts, for use in the performance of this Agreement is, therefore, exempt from taxation under Chapter 151, Tax code, if the tangible property is: a. necessary and essential for the performance of the Agreement; and b. completely consumed at the job site. 2. The purchase of a taxable service for use in the performance of this Agreement is exempt if the service is performed at the job site and if: a. this Agreement expressly requires the specific service to be provided or purchased by the person performing the Agreement; or b. the service is integral to the performance of the Agreement. IV. OTHER ISSUES: A. OFF-SITE AND/OR SEWER PRO-RATA: (1601 A. OFF-SITE DRAINAGE: ^f s C. OFF-SITE WATER: • -9- )o/- -70 B. PARK FEES: fir• �lz�' e ,• �c r e" i Z_, ' � v." 1- P (.. Y, CSC #5& E. 'ifr% a t3 • C. PERIMETER STREET ORDINANCE: „zfr "arri (haroe D. TREE PRESERVATION ORDINANCE: All construction activities shall meet the requirements of the Tree preservation Ordinance 585. E. -10- /66 -// , Le SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: By: Title: Address Date: CITY OF SOUTHLAKE,TEXAS By: ir Gary Fickes,Mayor 411.1 ATTEST: Sandra LeGrand, City Secretary Date: Ce -11- /0 6 - /d- REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT Co, 1. The Letter of Credit(L of C)must have a duration of at least one year. 2. The L of C may be substituted for utility security deposits exceeding$10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The L of C must be issued by an FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The L of C must be issued by a bank that has a minimum capital ratio of six(6%)percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against L of C must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining L of C. 9. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days prior to the expiration date on the L of C held by the City. c:Iwp60Uimber.V (WI -12- /0 6-,C3 114 Ac 1 1 I i °IE °ttD Ic xm k p 1AAE pN 4.3 k AC 1 IN �fY A —MO v IF 3U A< 1 �— Y 1&2 Ac AI 1 i 1 1 18J/ 7 1AO ! 1 &645 Ac 1112 11..13 Ac 1 1 1 r-r- 1 , t 1 , - 1 Y1 r.. .�. —._... 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QU1(- \ti fctr)h\l(\Cl `1/41-l.s\C lv__\ J -t✓ lift \`'1` -t_. vsi4)-t;- Cl 174I''1.) -v tiv Mv) --\‘ \_s — 1 ---- v_— ___c\\Au„\ (..)r\Or L)i ---ts "•(- ".. ,,.v;,;.' ,\_\• ,;\ LL..: sA,,:;.\ t 1 ..-.. L ..,.,..) ( 1. a' \, A_ - q' : ,:•,,,N '\''Sixs.\-...- v ‘(,,,,, ,,,,,v,i7; ,\ If\ ;',.‘ 7i1)(i-i-U,:' i ' -••-• .i-\ 1 ' I •.:,,,,‘ 1 • • Q\.1.0:\5\ .,•_.,,- tX..L._i_.) C(V) --"1, \.V.'0,..--- 'V \k,s, /\ C t A.-I v ( II t ( -•,-- %._\\ ‘;\i,C\ 4- 0.17 k.N'"V. \M--',-. ',„' 7,`1:,, ',_.. ., ,,,.,,,. 7\ N(IL/ ''., V '' - 1 5, 0rrc-k- ---k-\-\%--- nciTN— c.., .- P 1\ \--\ tv,,) \ • ' c\0, - --1 )ci a,v v‘c1/43 ji ' t' (1\c) e L L. City of Southlake,Texas MEMORANDUM June 2, 1995 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Assistant to the City Manager SUBJECT: Proposed City/CISD Joint Computer Bulletin Board In early May, Judge Brad Bradley approached the City and Carroll ISD about the possibility of a joint computer bulletin board project. Judge Bradley, Allen McDaniel of CISD, and I met to discuss such a project. We developed a list of potential uses and some preliminary cost estimates for a system, copies of which are attached. Agreeing that this was a project worth pursuing, Judge Bradley, Allen, and I met with CISD Superintendent Bill Branum and Councilmember Pamela Muller to further discuss the project, including the potential uses, general technical requirements, costs and funding sources, etc. Although we are still in the early stages, we felt that it would be beneficial to brief the Carroll School Board of Trustees and the City Council on the project. Judge Bradley presented the idea to the School Board on May 22, where it received positive support. (lir" Please place an item on the City C ty Council agenda for June 6, 1995 in order for Judge Bradley to present this proposal to Council. If you have any questions, I will be happy to answer them. KH cc: John Knight, Deputy Director of Support Services L //4- City of Southlake / CISD Computer Bulletin Board Preliminary Budget Proposal One time costs: (1) Pentium Computer System $ 2500.00 (1) 8 port multi-serial asynchronous host board $ 687.50 (4) V.34 external modem @ $178.82 ea. $ 715.28 (1) PCBoard bulletin board software $ 561.25 (1) Setup, installation, configuration $ 2000.00 Total Startup Costs for 4 lines $ 6464.03 On-going costs: (estimated annually) (4) 14.4 bps dedicated phone lines @$200/mth $ 9600.00 Total on-going costs for 4 lines $ 9600.00 L ///'Q � w - (Ise POSSIBLE USES FOR CISD/COS COMPUTER NETWORK SPIN SPIN Neighborhood meeting announcements Information to SPIN Representatives Community Development Ordinances Subdivision regulations Landscaping regulations Tree preservation General Ordinance information -- soliciting, house moving, etc. Corridor study information General Announcements / Notifications Meeting information/agendas for boards and commissions Street closures for public works projects Notification about planned water outages Emergency Information (hir Severe weather announcements Water line breaks Telephone outages Directory of City Services -- telephone numbers, contact persons fl� Crime prevention information &;rk- ` Tips on local criminal activity Approved solicitor information Jf Zoning Information /./I Cases/plats, etc. Garbage / Recycling pickup days %'� g Y g P� P Y '(',f/ Holidays Court -- Options/fine information L • 1 POSSIBLE USES FOR CISD/COS COMPUTER NETWORK School Board Agenda Information Policies Board Member Information Access to TEA information Board Minutes School District Calendar Personnel Information Access to Strategic Plans General Information Campus Level Special Notices Calendar Information Sporting Events Information L L // V City of Southlake,Texas MEMORANDUM June 1, 1995 TO: Curtis E. Hawk, City Manager FROM: Paul Ward, Building Official SUBJECT: Southlake church of Christ Appeal of fire sprinkler requirements Mr. Blake initially applied to this office for a variance to the sprinkler requirement on this project and i responded with the attached letter. P On behalf of the Building Inspection Division I would not recommend a that we do away with our sprinkler amendments. I believe should our size with the res into larger buildings u have fire fighting require protection built would If the City Council wants the subject reconsidered d to s I w td recommend they direct the Building Board of Appeals tter obtain whatever technical information is available, and ma , make a recommendation back to them. PW/cb Attachment : letter dated 5/17/95 cc: Bob Whitehead, Director of Public Works Jerry Williams, Fire Chief L 11b / 1 • City of Southlake 3uthCaEc, May 17, 1995 dayor: iaryFldres Skip Blake A. I . A. Aay�orProTem: Blake Architects ierryFarrier 1901 Central Drive, #372 Bedford, TX 76021 :ounalmembers: +6chael Richarme V. vans teRphe w Applesr. Subject : Southlake church of Christ on Michael Franks 2501 W. Southlake Blvd. indrew L Wambsganss 2tYM9en Dear Mr. Blake urtis E.Hawk ssistant City Manager. thane K.Rice I have received your application for variance to the ;itysecxetary sprinkler requirement on the subject building. :andraL LeGrand (100° Upon review of the building ordinances I have determined your appeal alternatives are as follows : 1. Appeal to the City Council to request they amend ordinance no. 619 adopting the 1994 Uniform Building Code to exempt this building from this requirement. They could decide based upon the uniqueness of the occupancy to exempt churches, change the area limitation, change the effective date, or make whatever other change they deem appropriate. Based upon the setting of a precedent neither I nor the Fire Chief would support such an appeal . 2 . Appeal to the Building Board of Appeals as provided by ordinance no. 622 . Please note the Board is specifically prohibited from waiving any requirements of the code. However, they may hear and decide any appeal of any order, decision or determination made by the Building Official. You may submit an alternative design or method of construction that is at least equivalent of that prescribed in the code in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation. The Board could accept such alternative design or method. Your application form stated on page 3 the plans were (hire submitted for review prior to the new ordinance. It is my understanding they were brought in for preliminary 667 North Carroll Avenue • Southlake, Texas 76092 Lire review but nothing was submitted nor plans left at that time . Also, I noticed the design of your building would require the addition of a window or door in one of the walls where you have over 50 lineal feet without openings to comply with the Uniform code without a sprinkler system even if our 6000 square feet amendment were not in effect . I agree this is a significant cost item and it would have been helpful to know in advance of the code change. The Building Code Ordinance was on the City Council agenda both August 16, 1994 and September 6, 1994 with proper notice of the meeting as required by law. Unfortunately earlier in the summer when the plans examiner met with you we did not expect the codes to come up as soon as they ultimately did. We do not have any means to keep everyone with whom we have had preliminary meetings informed of all ordinance changes. (hope Sincerely, Paul Ward Building Official PW/cb cc: Jerry Williams, Fire Chief Charles Bloomberg, Plans Examiner L l(b -) • 06/01/1995 10:05 81.76856084 BLAKE ARCHITECTS PAGE 01 (of I � Blake Architects immommilimmoinimpuimmi Bedford Place I • 1901 Central Drive • Sults 372 Bedford. Texas 76021 • 817-685-0356 May 31, 1995 Bandy Lahr.acdet, City Secretary City of Southiake Bubj.cts Southlake Church of Christ 2501 W. Southlak. Blvd. Dear Ms. LeOrander As ea discussed, the Southlake Church of Christ request the opportunity to appear before the City Council to discuss a possible change to the Ordinance requireing 6,0OO s.f. (hir/ buildings to be fire-sprinkled. We,the Church, initially filled out and submitted a variance form as requested, (see attached) , but nosy understand that only the Council can grant a change to the requirements. Please notify us of the meeting time and schedule. If you have any fur ur questions of us please feel free to contact us. Roger- . Blake, AIA • I of Architects Member American Institute (We . CETY of SOUTIILAKE 667 North Carroll Avenue Southlalce, Texas APPLICATION to the BOARD of ADJUSTMENT REQUEST for VARIANCE ZBA CASE NO. FILING FEE: $ APPLICANT'S NAME: eceu -ti) C 4v 011 Gh re.et TELEPHONE: 311 " 5 11 ~ 5118 ADDRESS OF SUBJECT PROPERTY: Z�O I C•bI ' o rhil, e. B 1.6%•(1> • LEGAL DESCRIPTION OF SUBJECT PROPERTY: LOWNER OF SUBJECT PROPERTY, (IF OTHER THAN APPLICANT): S O kfhi( %%c CAi4r Ch a ? G17 i 614 State the SPECIFIC PROVISION of the zoning ordinance for which you are requesting a variance. (You•may give the Section.number and paragraph, OR you may DESCRIBE the REGULATION / REQUIREMENT.) a ome h F; Ye.. 5 r f t11414.f S.3•Actli for- 134.,: Id:�� ;. Describe EXACTLY HOW, and TO WHAT EXTENT your request will DIFFER from the REQUIREMENTS of the ordinance, as described ABOVE. (Use REVERSE, or additional sheets if necessary.) I1111•%1i et 101n CR. pet. AI i e m 5V/'4tt l 04114.+11 F},e ac. 1Ca � 2 VARIANCE APPLICATION ZBA CASE NO: In order for your request to be granted, the Board of Adjustment must cast FOUR•out. of five votes in. support of your application. In order for the Board members to vote in support of your application, you must prove several things by your application. Your application must clearly -show that your property has UNIQUE • CONDITIONS and CIRCUMSTANCES which separate it from other typical properties with the same zoning; and explain,how these.unique conditions and circumstances make it UNREASONABLE or UNFAIR to apply the.STANDARD. . ordinance requirements to YOUR property, unlike the way they are applied to all other properties. Describe the CONDITIONS w�and CIRCUMSTANCES which are UNIQUE to your • Lproperty and situation: .heh Y r'Y) +�� S V to C'� 114144 4% 4 G 1� .Pl e�rb +o f }�/ � ?�o4td�' W fL �.�ov� T+ To 1''1G 1.4, .... 6,y14 rev+`w4o1 to 1141 4116 G; r436 pim6....V.N4. ;netet +1I Z s w c. e;r t, i r+'For,G. 3-14 a �Yr• Spr:hk��r' S.N6tev , - are tl �,000 s,�r....�?�4�cc,'�" W"h r4p Ye-k,vireici . T' PIa 4/ W4rG G 'k»p1e-te-4...alhai re-1ckcizt .c!4r c?.!. ct....Jy salt vvertf. I. do were. oa1.010a!' "crohn CV/4J c.. #ro4orc • W G w `f 4.- ,1# inform t year -Nee - whncfel kh, the ...... G; +111k o• New o rd;v10•14c4C.... pok4Secl IZA,42Vile.1141:14,Yit: L 1Lb--6 L • VARIANCE APPLICATION ZBA CASE NO: - Explain why these unique conditions and circumstances make it UNREASONABLE or UNFAIR to apply the STANDARD ordinance requirements to your property: ',• TVI:o tiN c-llvrclet be,:,At) jpv; tt b� G1 smoi+1.14 ciarhs'!ah0 .... 1�si, 1Mcwli?c.r • cc cri%) !.`.��....tL` ovi F714x14 4 oY pcftn;t geli.rtoco, tO w+c, n��' +h k .Pit o1 �.d n� h Firr 5 :Ni<Le G%o. vtevIn w 0 ci c r oG6 1 c 61.50 eKe -F o0f= a4 .f. X 1.50 = 416 Soo ,00 Cl .4!:i....Y.'.e.Gcj1!1�h.. .. 1.o ‘oo,tetsi to Urimjeet 4....$WA) 500.00 . PAY 4hct ti:afi� ��r Stac-Yri t�� low �4±G,r �rc�vrc fir, �1� C;'t'�a wA �r` �.�.Y to cfc4TYlt 44'c ti tedvi -Fob' 141 */erg5.!ze4 512.11 1;. - 1. ID v o iailds Chu reM b i P f cvl o w 1'vii*I I G +tic rG t s eiNe : 114 C vYLti.cJ ' by cy+ -Foy' ........: +� cost oh +ic Fiectiyee.t) k how n 14,4 c,041' ',Actium)) ) WavI4 111.ve, yccv'cd Je# pro444--....5r2G to Iikrdlc, w -I1 t• Ycr +:eh* 6vdi ���' • L 1Lh -7 4 VARIANCE APPLICATION ZBA CASE NO: Additionally, in order for the Board members to vote in support of your application it must be shown that the unique conditions and circumstances which you have described are NOT the result of your own actions. (Actions taken by previous owners and actions taken by your agents can be construed as "your actions.") • Can you explain how the unique conditions and circumstances affecting your property came to be, AND SHOW that they ARE NOT the result of YOUR OWN ACTIONS: Z. is,`4 4114 �-�tc G+ `� ovIof htivG tohe. two +V1zA • 1Y1fonv44 V cfP 4n` prpc Q�..• :E'!.�!r G ... +�.. 11�....... ..r... .....A......1. .`.1:° .. Sri . our hit p.t.fjut it v; ow # Z ohC.c +31CO Ok4r nec, w NI...12AO CCI.}. COP/held;+; Ci rif 4A V I Furthermore, the Board must• be satisfied that the variance you are requesting is the MINIMUM deviation from the terms of the. ordinance NECESSARY to OVERCOME the unique conditions and circumstances which you have described. Explain how your proposal is the MINIMUM manner by which the unique conditions and circumstances described can be overcome: It 1 * ..+\. G�V Y.k�:l. 1%4 alit 't'o 464444 +17G t+ 5 mow% 4)(1 -4;tlair • t•ig ham.......l(....bg \44 ;ni. .....h &..12 U; I :11 • s we LA d s i.42t1 L 1fb -� (kW 5 VARIANCE APPLICATION ZBA CASE NO: Also, the Board must be convinced that granting such a variance would not constitute an UNFAIR GRANT OF SPECIAL PRIVILEGE to you, granting privileges that are otherwise denied by the ordinance. In other words, why would granting this variance be ONLY FAIR, and NOT MORE THAN FAIR, to you, since others are prevented from doing what you are requesting: o.1b. #.; ,r' 'f-o allow +114 vroll tit) be- ‘, tad;yi lthg-` due, to tVv cd I44 +1014. 0411 were �.b.. #'....- •r..a' cv; ew Prior III + i ffe ;h.... :. cis or.:1;»4, 14c) ar J o y ieri' '4oh of 5v4.1i 44r41n^ru e (hiy, CISIM.Yie 6.461-e crr fee 1+6. .1a4,0711.1 , Finally, the Board must be certain your request is in harmony with the public welfare, and will not in any way be injurious or detrimental to your neighbors and their property rights. SIGNATURE OF APPLICANT: DATE: 9 I / h • s YOUR RIGHTS TO APPEAL THE BOARD'S DECISION. LOCAL GOVERNMENT CODE, Section 211.011 Any of the following persons may present to a court of record a verified petition stating that the decision of the board of adjustment is illegal in whole or in part and specifying the grounds of the illegality: (1) a person aggrieved by a decision of the board; (2) a taxpayer; or (3) an officer, department, board, or bureau of the municipality. The petition must be presented within ten days after the date the decision is filed in the board's office. (or L �b -7 •a j City of Southlake,Texas MEMORANDUM June 2, 1995 TO: Curtis E. Hawk, City Manager FROM: Shana Yelverton, Assistant City Manager SUBJECT: Request from Champion Recycling Attached you will find a letter submitted to staff by Wilson Lambert, Recycling Coordinator with Champion Recycling Corporation. As noted in his letter, Champion wishes to work with the Carroll Independent School District to recycle paper goods by placing recycling bins, called Paper Retrievers, at neighborhood schools, and pay the schools for recycling paper they collect. Mr. Allison, a science teacher at Carroll Middle School, has also contacted staff to express his support of this initiative. Given the city's contract with Laidlaw Waste Systems for the provision of solid waste collection and recycling services, and the requirements delineated in Ordinance 337, it is appropriate for the City Council to consider this request. The City Council really has three options with regard to the request: 1 Approve the Request -- Doingso would require a formal contract between the Cityand PP q q Champion Recycling, as required in Section 13 (a) of the ordinance, which states that "No person shall...transport garbage or trash on the streets, alleys and public thoroughfares of the city except duly authorized agents...acting pursuant to a contract with the city..." I have spoken with Wayne Olson, and he is ready to prepare such an agreement at Council's direction. 2) Deny the Request -- Paper recycling would continue to be handled curbside by Laidlaw, with no direct financial incentives provided to the schools. (Note: Laidlaw currently pays the city a flat fee of $500 per month for recyclables.) 3) Amend Ordinance 337 so that such an agreement would not be required in this instance. Please note that staff has notified Doug Rivers, Laidlaw Waste Systems, who has indicated that he will provide a written response to the City Council. This item has been placed on the City Council as a discussion item. Please let me know if you have any questions. SKY MAY 15 '95 03:04PM ALCON INTL PERSONNEL P.22 May 15, 1995 Wilson Lambert Champion Recycling Corporation 1923 Meridian Arlington., Texas 76011 817-792-3129 Attention: Gary Fickes City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Dear Mr. Fickes, Champion Recycling has been approached by several Carroll faculty members and school administrators concerning an in-school recycling program. This program helps schools fulfill state recycling requirements, and hold down disposal costs. Champion does this by placing recycling bins, called Paper Retrievers, at neighborhood schools. We then pay schools for recycling paper they collect, helping them earn needed revenue. These readily accessible recycling bins serve as a community drop-off as well This helps the entire community hold down disposal costs, preserve land fill space, L., and makes schools a focal point of a positive community activity. The Paper Retriever Program, potentially the largest paper recycling drop-off program in the United States, was introduced in Houston and is now being implemented across north Texas. There has been a concern regarding a possible contract with your present waste hauler. Our program is considered a community drop-off and, therefore, in no way violates any known contract in existence. Your consideration concerning this matter is greatly appreciated, and with your help the Carroll LS.D. can start this program before the end of the year. Sincerely yours, Wilson Lambert Recycling Coordinator Champion Recycling Corporation , L ♦` ' . • • • ffAffDffAJ LAIDLAW WASTE SYSTEMS INC. • • June 6, 1995 • • • Shana Yelverton Assistant City.Manager City of Southlake 667 N. Carroll Avenue Southlake,Texas .76092 • Dear Shana: . Enclosed are brochures and information pertaining to recycling options and education • programs currently being offered to our municipal franchise customers. In receiptof the letter from Champion Paper to Mayor Fickes regarding a newspaper drop-off at Carroll • I.S.D. school sites,I would like tooutline to you what we are offering to School Districts. that have been proven successful. • S.M.A.R.T.Program - (Students Make'A Recycling Team) • This program was designed by Laidlaw Waste-Systems and introduced into the Keller I.S.D. this past school year as well as accepted and endorsed by the Dallas, Irving and Carrollton Districts to begin this fall. Laidlaw Waste Systems provides each school with a front load recycling bin free of charge for collection of newspaper, magazines, catalogs and cardboard. The container is serviced once weekly by our commercial recycling vehicle, and the School Ditrict, each • . individual school, and.or PTA's and Environmental Clubs are rebated for the tonnage they generate. Each school will receive a detailed monthly statement reflecting total tonnage as well as lbs. per student ratios. • 6100 ELLIOTT REEDER ROAD, FORT WORTH,TEXAS 761.17 (817)332-7301 •• 0DOOO.0,C7_ Page Two • Mixed Office Paper Toter Program Each school will be furnished between five (5) and ten(10),ninety six(96) gallon toters at no cost,paper can be collected from class rooms, offices, PTA workrooms and anywhere paper is generated. Students and or janitorial staff at end of day will empty their classroom paper into the toter for service by Laidlaw Waste Systems collection crews once weekly. We feel strongly that education is the only assurance to the programs success.. Our "Earth Academy" program is designed to meet all grade levels, interests, and curriculum: • We will be more than willing to provide to you or the District references at your request. I trust this information will be beneficial to you and the Council for your meeting Tuesday night.'. • If you need any additional information,please advise. Sincerely, . • • . LAIDLAW WASTE SYSTEMS,INC. . • ?AJv-t—:r— . Doug Rivers - Director of Municipal Marketing • • DR:ct/0606 • a • • • • • • • • •.. .i • 41E_ .. AIIIIIIIIIIIIIND _ 1. _ - - .,..:,,, , Yy4 .4„ :„. .• .„,,r. ‘,.,,....., . ., . STUDENTS MAKE A RECYCLING TEAM (10/ SO NI • A • IRIL TO .....7 ..,,,.. ,,,.... .,... :. - t 1. t .3 "" - l ffAffDffA4 ' • • LAIDLAW WASTE SYSTEMS INC. LAIDLAW WASTE SYSTEMS Program • 1. Free to all schools. Plastic lids (6 yard front load can). 2. Fifty dollars ($50.00).per ton rebate. 3. Serviced once each week. Each container is weighed each time it's serviced. 4. Laidlaw Waste Systems assumes all responsibility for damaged or vandalized cans. No charge back or withholding. . 5. Laidlaw Waste Systems has a free comprehensive recycling education program .for grade K-12. Our "Earth Academy" program is:a presentation made at any school upon request. It is approximately a 30-45 minute program assembly explaining the • where, why, and how of recycling. . This presentation is 'accompanied by video . •presentations and literature. tre . 6. Laidlaw Waste Systems has dozens of signed agreements as of March 23, 1995. We Y have containers in inventory and are prepared to place every can requested by hours of request. 7. Each school will receive a detailed monthly statement outlining their tons for that period. These numbers are also reflected in lbs. per student ratios. We offer additional incentive based on these numbers. 8. Our SMART program is staffed with full time personnel devoted to the success of this program. We maintain constant contact and education with teachers and principals to • ensure favorable results. 9. Laidlaw Waste Systems SMART program will accept newspaper, magazines, catalogs and cardboard. EB jdW0323.doc • • • 6100 ELLIOTT REEDER ROAD,FORT WORTH,TEXAS 76117•(817) 332-7301 • Fax (817) 831-2020 Customer Service Fax(817) 831-7469 �.*� - L Y /V G�.�. . Cl• .. • CO • ...J., 1 S • o C) D NI A, O , { / ii 0Ill W ir-„,. 1 .. .....1 . ... i . c.n .:. . ....),. . .: •.........,.._. , ! .......,... e-- = i ; • I,itlp• --T flQ Z t 1 r , \ ,4,-=;;-..1. ...--..-'s ..-L.- ;- = si, ' • ,-. . r-':' t*. ,, ` N. __ •i, � ui 1 t C � C. 1 >'..• - .Y-v Bulk Rate 1Iitiin • U.S.Postage �- G PAID ,_ The Keller Citizen CAR-RT PRESORT Postal Customer -_ P.O.Box 615 • Keifer.Texas 76244 s*j.thear:Tor g and southwest Denton Counties 11 earin = f -- - - -- - le spoke at the • , . iKe�ll6ar���.�• School. ,• ,,�°'' e teSl_ywOt 'ss hearing,Questions » e' � '> -- ,r oalir `aiiia or not the public 'r 1 .s f A /10///4//01r— '� is e.gaest`i_ons the pub- #' : �--"F- i. :• Y - Y tilithe foratoadrTtrss the charges," - "I eoOa a huadred people _ itt R •yJ�'' ,but what's that ._ t lean' speak as long sdA� i , - �k- (khan e speak in my hucfneattsatd."Ihe hearing is dit Ise aan g was slated, a'I die' whether citizens - eI e_ .-. 724 - aM lather time,for- ,' ` S ill ai Bogard argued .- ,,.4: ais d note allowed to ansi d ty's charter doesn't ,„ _ I , tubl'ic oomtsie:it u the hearing. - i �i(3 ` '°'°;' � <z. fica whoseraiwval is sought �' ,�.- , isitea apublic hearing be 31 , . F mitt ft. t facts peril- •,.. ; : . -«led in the recall the-.•, - states. kb ' their ut in letters er ,-�,t n some extent Shady Grove Elementary School students(left to right)John Pflug,Michael Pflug and Paul Von Wahide deposit some re ., r;_-,> ,:uson said. newspapers in the school's recycling bin.Similar bins are at all other Keller ISD elementary and intermediate schools. - r1. :'*.be leaning A portion of the proceeds from the sale of the recyclables goes back to the school- •;r ?i ''. a... ent at the •pubtictesti- Schools to benefit from recycling m.. ,��.. t`sure about not Laidlaw Waste Systems believes that toward paying for a filed trip or buying The City of Keller does not offer curb- ,A --•,-, f Keller ISD students are S.M.A.R.T. educational materials." side recycling,but a recycling center is Alare.- : .v Earlier this month, Laidlaw started a At this time, only newspapers and open on Saturdays at the old fire station, recycling program at local schools called magazines arc being collected at the located at FM 1709 and Navajo. n�etin Students Making A Recycling Team campuses. "You don't have to pull out •Persons wanting to recycle their news- ?: j' i-4 • (SMART)- Recycling containers for the slick paper advertisements from the papers at the schools should look for a L -`-JY a i newspaper have beenplaced at all KISD newspaper, and we'll tak• any type of green recycling container on the campus. ,a�.. �aY )'F' )' ' g P •71.;� :� .14 elementary and intermediate schools, magazines,"Brock said. A SMART sticker is attached to the side (� said Ed Brock,municipal waste manager Brock added that anyone living in the of the container. i.. " for Laidlaw- neighborhoods surrounding the schools Containers are located at Keller Ele- 7•yixl_flex week To encourage newspaper recycling at can deposit their newspapers and maca- • mentary School, 350 East Price; Flo- the schools,each campus will receive a zines in the recycling containers."This rence Elementary,3095 Johnson Road; •: --Yy anagerat portion of theproceeds from the sale of way, residents won't have to wait until ShadyGrove Element �' fi Y Elementary, 1400 Keller- }r s• - 'Au there is newspapers that arc collected."We esti- Saturday to use the city's recycling ccn- Smithfield Road:and Bear Creek Inter- n - een council mate each school can make about S 100 ter.Studies show that about 70 percent of mediate School,800 Phillips Drive. s toae" a that will l �, ,,:�not t a month," Brock said. "That may not ahouschold'srccydablczisnewspaper." Brock said the program may also '`` sound like much,but the money can go he said. expand to Keller High School. 's sat hing to me about .z- ,; ;anagcr the 14th," Pratt - - --, —— - - - - - - - --