The URL can be used to link to this page

2000-02-15 CC Packet City of Southlake, Texas ,.a ' MEMORANDUM February 11, 2000 TO: Honorable Mayor and Members of City Council FROM: Billy Campbell, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting February 15, 2000 1. Agenda Item No. 5A. Approval of minutes of the Regular City Council meeting held February 1, 2000. If you have any changes to the minutes, please discuss these at the work session or notify Sandy LeGrand prior to the meeting. She will bring the amended minutes to the meeting for your consideration. 2. Agenda Item No. 5B. Left intentionally blank. 3. Agenda Item No. 5C. Authorize the Mayor to enter into a contract with Coca-Cola for concessions at Bicentennial park and to terminate contract with Pepsi-Cola. This item is to allow the City to enter into an exclusive concession agreement with Coca-Cola to provide soft drink beverages at Bicentennial Park. In exchange, Coca-Cola will pay the City $325,000 over a 10-year period, and 20% of commissions on vended products. Currently, we have a contract with Pepsi-Cola that is valued at $28,948 over a period of 10 years, expiring on February 7, 2006. The contract with Pepsi does allow a 30-day termination, and the ability of the City to buy out the contract from Pepsi. It is our intent to pay off the. Pepsi contract with the initial payment'from Coca-Cola, if the agreement is approved. The Park Board recommended approval of the agreement (8-0) at its special Retreat meeting on January 31, 2000, requesting staff to investigate Coca-Cola's willingness to eliminate the lighting from Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest Council Meeting February 15, 2000 Page 2 of 26 the vending machines. Coca-Cola has agreed to this, as well as removing the side logo decals from the machines, and replacing with other decals that do not carry product name (i.e., palm trees, etc.). Since Coca-Cola will be providing 20-ounce plastic bottles to the concession stands, (instead of the paper cups currently used), staff also is working to develop a park recycling program to address the increase in plastic recyclable materials. Please contact Steve Polasek if you have any questions regarding this item. 4. Agenda Item No. 5D. Resolution No. 00-16, Tobacco Use Policy, amending the Personnel Policies Handbook to include a tobacco use policy. Currently, the City of Southlake does not have a policy addressing the use of smokeless tobacco in City facilities or the use of any tobacco products in City vehicles. In an effort to address the use of tobacco consistently for all City employees, Lauren Safranek has developed a policy reviewed by all department directors, that prohibits the use of any tobacco products in City facilities or in City vehicles. Designated tobacco use areas are provided for in the policy for all City buildings. If there are any questions about this policy, contact Lauren Safranek. . 5. Agenda Item No. 5E. . Resolution No.. 00-18, Approving Bylaws for the Tax Increment Reinvestment Zone Board of Directors. At the January 13, 2000 TIRZ Board meeting, the board adopted bylaws to provide guidelines for the board. During the meeting, the board made some changes to the bylaws, which have been incorporated. The first change included the schedule for holding a regular meeting. The bylaws now state the annual meeting will be held during the fourth quarter of the calendar year to allow for the annual report to be presented at the end of the year, but not tying the board down to a specific month. Two additional changes include modifying the wording from "may" to "shall" hold meetings within a public Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest Council Meeting February 15, 2000 Page 3.of 26 building, and changing the name of Tarrant County Junior College to Tarrant County College. The bylaws will become effective upon approval by the City Council. If you have questions, please contact Shelli Siemer. 6. Agenda Item No. 5F. Resolution No. 00-19, Appointing Karen Lyman to the Drug and Alcohol Awareness Committee to fill an unexpired term. The vacant position on the Drug and Alcohol Awareness Committee was the position held by former CISD citizen at-large member Roxanne Matela-Berenbeim. As you recall, the City Council officially names the members to the committee through a resolution, but the organizations represented appoint the members to the committee. The CISD recommends filling the vacancy with Karen Lyman, who worked with Roxanne as a parent network sub-committee member. Her appointment will provide for a smooth transition. Please contact Shelli Siemer if you have questions about this item. • 7. Agenda Item No. 5G. Variance to Subdivision Ordinance No. 483, Section 4.01(1)2, (Plat Expiration), as amended,extending the validity of Case No. ZA 98- 051, Final Plat - Harrell Place Addition. The Final Plat for this subdivision was. approved by the Planning and Zoning Commission on June 18, 1998. Upon approval of a Final Plat, the applicant has one year in which to file the plat. This plat expired on June 18, 1999. Construction plans and a developer agreement have been approved for this development. The applicant is ready to file the plat in the County Plat Records and is requesting a 30-day extension from the date of Council's action. Contact Dennis Killough regarding this request. .8. Agenda Item No. 5H. Authorize the mayor to enter into a professional services agreement with Belcheff & Associates, Inc. for the engineering and design of sanitary sewer improvements to serve Cedar Oaks Estates. Cedar Oaks Estates is scheduled for sanitary sewer construction as part of the Neighborhood Sewer Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest Council Meeting February 15, 2000 Page 4 of 26 Program. This project is budgeted in the CIP budget. The professional services contract with Belcheff & Associates, Inc. in the amount of $26,291 is for the engineering and design of the sanitary sewer. The developer of the Sleepy Hollow development has constructed a portion of the sewer line that will serve Cedar Oaks Estates. As stated in the memo from Senior Civil Engineer Shawn Poe, the residents of Cedar Oaks Estates were surveyed to determine if the majority of the residents supported installation of the sanitary sewer. Of the 29 notices mailed, 14 were completed and returned. Of the 14 completed surveys, 8 property owners support the installation of the sanitary sewer-(57% support). Staff recommends Council authorize the mayor to enter into.a professional services agreement with Belcheff & Associates, Inc. in the amount of $26,291 for the engineering and design of sanitary sewer -improvements to serve Cedar Oaks Estates. Call Shawn Poe if you have any questions with this item. 9. Agenda Item No. 5I. Authorize the Mayor to execute an encroachment on easement agreement with TXU for sanitary sewer improvements -along the north side of Dove Street from North Carroll Avenue to North White's Chapel Boulevard. The City constructed two force mains along the north side of Dove Street from Carroll Avenue to North White Chapel Boulevard within the existing TXU electrical easement. The City obtained permission from TXU prior to installing the force mains. The City recently received the encroachment on easement agreement from TXU for execution. All provisions within the encroachment on easement agreement were followed by .the City during the construction of the force mains. The encroachment on easement agreement is a standard procedure for TXU for any improvements constructed within an existing TXU easement. Staff recommends Council authorize the Mayor to execute an encroachment on easement agreement with 'TXU for sanitary sewer improvements along the north side of Dove Street • Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest Council Meeting February 15, 2000 Page 5 of 26 from North Carroll Avenue to.North White Chapel Boulevard. If you have any questions, please call Shawn Poe. 10.Agenda Item No. 5J. ZA 00-005 Plat Vacation of West Beach Addition. The City now owns all of the West Beach Addition, which is part of the City's planned Bob Jones Park. The purpose of this request is to vacate all lots, easements and rights- of-way shown on the plats. Preparation of the plat for the Bob Jones Park is anticipated in the near future. The Planning and Zoning Commission recommended approval (5-0) on February 3, 2000. Feel free to contact Dennis Killough regarding this item. 11.Agenda Item No. 5K. Resolution No. 00-20, Suspending the proposed effective date of the proposed revisions to certain tariffs of TXU Electric Company. As pointed out in the packet materials, this resolution delays the consideration of TXU's filing. Staff believes this is appropriate since the consortium of TXU cities will be analyzing the effect of the tariff filing and we would not want to act prior to having information the consortium's consulting attorney produces. Please let Shana Yelverton know if you have any questions about this item. 12.Agenda Item No.5L. Ordinance No. 764, 151 Reading, Authorizing the Issuance of Certificates of Obligation, Series 2000. On January 18, 2000, the Council approved Resolution No. 00-05. This authorized the publication of a notice in the newspaper of the city's intent to issue certificates of obligation of$3,895,000. The certificates are issued by adoption of an ordinance, with the 1st and 2nd readings scheduled for February 15 and March 7, respectively. A public hearing on issuing the certificates is scheduled March 7. The City is issuing certificates of obligation for capital improvement projects because the projects are more than the City can fund in one year from the current revenues or other sources of funds. The proceeds from the Honorable Mayor and Members of City Council • Agenda Item Comments and Other Items of Interest Council Meeting February 15, 2000 Page6of26 bonds will be used for street and drainage improvements. The debt will be repaid through the City's ad valorem tax rate. If you have any questions regarding this item, please contact Sharen Elam. 13.Agenda Item No.5M. Ordinance No. 765, 1S` Reading, Authorizing the Issuance of Certificates of Obligation, Series 2000-A. On January 18, 2000, the Council approved Resolution No. 00-06. This authorized the publication of a notice in the newspaper of the city's intent to issue certificates of obligation of$9,245,000. The certificates are issued by adoption of an ordinance, with the ls` and 2nd readings scheduled for February 15 and March 7, respectively. A public hearing on issuing the certificates is scheduled March 7. The City is issuing certificates of obligation for capital improvement projects because the projects are more than the City can fund in one year from the current revenues or other sources of funds. The proceeds from the bonds will be used for water and sewer capital improvement projects. The water and sewer neighborhood projects will be repaid through the Utility Fund and the projects that are part of the City's Impact Fee Study Capital Improvement Programs (CIP) will be repaid through collected impact fees. If you have any questions regarding this item,please contact Sharen Elam. 14.Agenda Item No.5N. Ordinance No. 766, 1s` Reading, Authorizing the Issuance of Certificates of Obligation, Series 2000-B. On January 18, 2000, the Council approved Resolution No. 00-07. This authorized the publication of a notice in the newspaper of the city's intent 'to issue certificates of obligation of $11,940,711. The certificates are issued by adoption of an ordinance, with the 1S` and 2nd readings scheduled for February 15 and March 7, respectively. A public hearing on issuing the certificates is scheduled March 7. The proceeds from the bonds will be used for constructing and equipping the Town Hall building. The debt will be issued with a dedicated pledge of accumulated tax increment reinvestment zone revenues,•and a • Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest Council Meeting February 15, 2000 Page 7 of 26 backup pledge of the City's property tax. If you have any questions regarding this item, please contact Sharen Elam. 15.Agenda Item No.5O. Ordinance No. 767, 151 Reading, Authorizing the Issuance of General Obligation Bonds, Series 2000. In May 1999, the residents of Southlake approved the $24.18 million Traffic Management Bond election, of which $17.3 million will address intersection widening and improvements to facilitate traffic flow along FM1709 and SH114. Also included as part of the bond election,was $4.73 million for trail development, connecting City parks and extending north and south, and providing an east/west trail along FM1709. The third component of the bond will provide $2.15 million funding for design enhancements to portions of SH114 as it is reconstructed. The bonds are issued by adoption of an ordinance, with the 15` and 2nd readings scheduled for February 15 and March 7, respectively. A public hearing on issuing the bonds is scheduled March 7. The proceeds from the bonds will be used for Phase 1 of the program. If you have any questions regarding this item, please contact Sharen Elam. 16.Agenda Item No.5P. Ordinance No. 768, 1" Reading, Authorizing the Issuance of Tax Notes, Series 2000.. The Southlake Crime Control and Prevention District Plan in September 1997 outlined the strategies to address public safety issues. The primary and most critical of these strategies is to enhance community safety through modem efficient facilities. Ordinance No. 768 will authorize the issuance of the tax notes by the City for the construction of the facility. The 2nd reading and the public hearing are scheduled for March 7. The proceeds from the tax notes will be used for the design and construction of the west public safety facility. The Crime . Control District will repay the annual debt service with Crime Control District sales tax collected in subsequent years.. If you have any questions regarding this item, please contact Sharen Elam. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest Council Meeting February 15, 2000 Page 8 of 26 • 17.Agenda Item No. 5Q. Ordinance No. 480-331 (ZA 99-141), ls` Reading, Rezoning on property legally described as Tract 5C situated in the Hiram Granberry Survey, Abstract No. 581, and being approximately 7.939 acres. A single lot "Plat Showing" has been submitted to the City staff for approval in association with the zoning change request. There appear to be no unresolved issues related to this request. The Planning and Zoning Commission recommended approval (5-0) on February 3, 2000. Feel free to contact Karen Gandy or Dennis Killough regarding this item. 18.Agenda Item No. 5S. Accepting resignation of Councilmember Debra Edmondson, Place 4. Councilmember Edmondson has resigned her position on the Council in order to file for the office of Mayor in the May 6, 2000 General Election. Her resignation is effective on February 8, 2000; however, she will continue to serve until her successor is elected. 19.Agenda Item No. 5T. Resolution No. 00-21, Calling a Special Election for May 6, 2000 to fill the vacancy for Councilmember Place 4. As outlined in the City Charter and in the Texas Election Code, in order to fill a vacancy on the Council a special election must be called. Both General Election and Special Election candidates will be on the same ballot. The city attorney is preparing the resolution and as of this time, it is not available for the packets. The City Secretary will forward the resolution to you upon arrival form the attorney's office. If you have questions, please feel free to contact Sandy LeGrand. 20.Agenda Item No. 7A. Ordinance No. 657-A, 2"11 Reading, Amending Ordinance No. 657 imposing impact fees for water, wastewater, and roadway improvements. The packet items under Tab 7A in your notebook include the ordinance and Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest Council Meeting February 15, 2000 Page 9 of 26 exhibits, as approved on first reading. Note that the ordinance has been reorganized somewhat to delineate the calculation of the fees. As such, the ordinance now contains an Exhibit F-1 and F-2. These exhibits are the ones that determine how we will charge the fees upon adoption of the ordinance, per your policy direction. As a reminder, with the approval of the ordinance on first reading Council adopted the recommendation of Fiscal Consultant Lewis McLain regarding the impact fee collection level. As a recap,, it was determined that you wanted to "capture" • approximately 50% of the maximum water and wastewater fees, resulting in an increase of 25% from the 1997 collection fees. The same percentage increase of 25% was applied to the fee per vehicle mile for roadways, resulting in a uniform fee per vehicle mile for all service areas of $493.62 (up from the 1997 fee of $421.053). Additionally, you adopted a new equivalency table for roadways, more specifically identifying the land uses and related impacts on traffic. During the discussions on first reading, Councilmember Fawks raised questions of equity, particularly expressing concern that particular uses would have different fees in different service areas. He pointed out that a use on one side of FM 1709 would potentially have much higher fees than the same use across the street. The team went back to work to devise a fee collection schedule that would address' this concern. Several alternatives were put together, as discussed below: • Lowest Fee Alternative - This alternative showed the result of multiplying the cost per vehicle mile by the service unit factor (equivalency table multiplier), and then making adjustments to each service area to reflect the lowest fee. In other words, we would apply the lowest calculated fee to all service areas. The results of these calculations are shown on the schedule Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest Council.Meeting February 15, 2000 Page 10 of 26 • attached to my memo as part of "Impact Fee Collection Schedule Alternatives." Note that we have provided the current charges as handwritten notes on the schedule. Given that the previous equivalency table was much less specific, current charges are only shown for specific matches between the previous and current tables. Although this shows that some of the fees would actually be reduced under this approach, clearly others will increase, either because the fees have increased or because the use will be properly categorized. A good example of this is the reduction in fees for "General Office Building," but the considerable increase in fees related to "Medical/Dental Offices." • Median of All Fees for Service Areas 2-8 Alternative - This approach makes the fees for service areas 2-8 uniform by adopting the median fee for these areas. (Note that service areas 2-8 were chosen to recognize that service area#1 is not on a state highway - thus, it might be appropriate to hold the fee at the calculated level.) The associated schedule with this option is'also included as an attachment with "alternatives." • Average of All Fees for Service Areas 2-8 Alternative - Same as above, except looks at the mean, or average, of the fees•for Areas 2-8. Schedules showing the maximum fee per service area, and the fees as adopted on first reading, are shown as Exhibits E-2 and F-2 respectively, if you wish to - compare. - Note that a group of developers met on Friday, February 11, 2000.to discuss the ordinance and fees. They intend to speak to you during the Public Hearing on Honorable Mayor and Members of City Council • Agenda Item Comments and Other Items of Interest Council Meeting February 15, 2000 Page 11 of 26 Tuesday evening and present their position on the fees: Discussions to this point include the following: • The possibility of making graduated, modest increases in the water and sewer fees, e.g., 5% increases per year over the three year period; • Potentially holding steady on roadway fees, due to the specific and potentially substantial impact these fees have on commercial development; and ' • A desire that the city look at these fees, and others, in the overall context in which they are paid. That is, they hope you will consider the cumulative effect of the assessment of fees on development. Note that we plan to post a Council briefing for noon on Monday for those of you who would like more information or to discuss the various alternatives. We hope you will take advantage of this time if you feel you can. Note that we need to adopt this ordinance on second reading at your February 15 meeting since the ordinance requires adoption of the ordinance within 30 days of the public hearing held in compliance with Chapter 395. However, if it is impossible to do so, we can re-advertise the public hearing and set a new clock to give Council more time for consideration. ' You may contact Shana Yelverton, Greg Last, or Ron Harper at anytime prior to the meeting if you have any questions on this item. Honorable Mayor and Members of City Council . Agenda Item Comments and Other Items of Interest Council Meeting February 15, 2000 Page 12 of 26 21.Agenda Item No.7B... Ordinance No. 769, 2nd Reading, Hotel Occupancy Tax Ordinance. This Hotel Occupancy Tax Ordinance implements the maximum, seven percent tax of the price paid for the use of a hotel room. The local hotel occupancy . tax can provide an alternate source of funding for a city's economic development initiatives to promote tourism'and the convention and hotel industry. This item was approved on first reading at the February 1, 2000, City Council meeting. As you recall, State statutes specifically define how the hotel occupancy tax revenue can be spent. The funds generated from the local hotel occupancy tax must directly enhance and promote the tourism, convention and hotel industries in the city, which levies the tax. It cannot be used for general revenue purposes or to "pay for governmental expenses unrelated to the task of,tourism. The expenditure must be intended to bring visitors from outside of the city into the city or its vicinity. The expenditure of hotel occupancy tax revenues must fit into one of five statutory categories: • • Funding the establishment or improvement of a convention center • Paying the administrative cost for facilitating convention registration; • Paying for tourism-related advertising and promotions of the city; • Funding programs that enhance the arts; or • Funding historical restoration or preservation programs. At this time there are no hotels located in the Southlake to generate funds, but when there are tax revenues generated from this tax, the City Council will determine specifically how to spend the funds. If you have questions regarding this item, please contact Shelli Siemer. Honorable Mayor and Members of City Council • • Agenda Item Comments and Other Items of Interest Council Meeting February 15., 2000 Page 13 of 26 22. Agenda Item No. 7C. Ordinance 772, 2nd Reading, Changing the street name of Bastogne Way to Merlot Drive. When Versailles Phase I was platted, a street named Bastogne Way was platted, stubbed to the north subdivision line and was a length of one lot depth with lots siding on the street. Bastogne Way stubbed to a tract of unplatted land. When Napa Valley was platted, a street named Merlot Drive was platted to the west subdivision line and stubbed to the same tract of unplatted land. In 1999, the plat for Versailles Phase 3 was approved, platting this tract of unplatted land. A street was platted that connected the stub out of Merlot Drive and the'stub out of Bastogne Way. This newly platted street in Versailled Phase 3 was named Merlot Drive. To eliminate a name change in mid-block, Bastogne Way should be changed to Merlot Drive. There are no addresses on Bastogne Way. Please contact Charlie Thomas with questions about this item. 23.Agenda Item No. 7D. Ordinance No. 480-HIT, 2nd Reading, regarding regulations on outside storage, outside display and screening. In your packet, you will fmd Draft 13, a revision to Draft 12, adding changes recommended by Mayor Pro Tern Fawks regarding the storage of living plant materials; Councilmember Edmondson regarding cart storage being required indoors, except as noted; and Councilmember Potter regarding items located in front of buildings and visible from public rights- of-way and raising questions on the following: • In Section 1, does shopping cart storage include "heavy material carts" such as those at the Home Depot? He wants these screened also. Honorable Mayor and Members of City Council • Agenda Item Comments and Other Items of Interest Council Meeting February 15, 2000 Page 14 of 26 • In Section 5, he suggests adding a modifier non-retail sale before vehicles so that there is no conflict with the SUP for new and used car dealerships. , • In Section 6, he changed street rights-of-way to public rights-of-way for consistency. He also questioned the screening of dumpsters and wants to revise Section 39.4 c requiring that "all dumpster doors be made of screening metal, not wood or chain link fence" for long-term maintenance purposes and requiring that "the doors are closed at all times." Councilmember Potter also took pictures of "various unsightly outside storage items throughout Southlake" and two pictures of West Fort Worth grocery stores where vending and ice machines were stored in breezeways adjacent to the stores. Staff will incorporate these pictures into the PowerPoint slide show for discussion on this item. On January 6, 2000, the Planning and Zoning Commission recommended approval (7-0) with minor changes to Draft 11 dated 12/22/99 and with instruction to staff to look into the possibility of implementing this ordinance on existing uses with some type of amortization period and giving business time to comply. On January 18, 2000, Council discussed the ordinance and tabled the first reading (5-2) due to the following unresolved issues: 1) whether or not to allow display of sales items (e.g., vending machines, ice machines, Christmas trees, etc.) and charitable sales events in front of principal buildings; 2) whether or not these displayed items should include living plant materials; 3) whether or not these displayed items should be screened with a wall constructed of masonry or similar Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest • Council Meeting February 15, 2000 Page 15 of 26 materials; 4) whether or not this ordinance would prevent the flea market from operating; and 5) what is the appropriate way to bring existing outside storage./ display users into compliance with these new regulations. On February 1, 2000, Council approved (5-1) the first reading of Ordinance, No. 480-HH. Contact Karen Gandy at ext. 743 regarding this item. 24.Agenda Item No. 7E. Ordinance No. 480-327 ( A 99-131), 2nd Reading, Rezoning and Site Plan for Lot 3, Block 2, Gateway Plaza Addition. The Planning and Zoning Commission recommended approval (6-1), (with Commissioner Sandlin dissenting) on January 20, 2000, subject to Site Plan Review Summary No. 2, dated January 14, 2000, with the following modifications: • allowing the roof design as proposed; • incorporating the color rendering presented tonight; • modifying the requested zoning to read "S-P-1" Detailed Site Plan District with "0-1" Office District uses and sole retail use of interior design, fabric and upholstery sales; • instructing the applicant to work on language with respect to restaurants and present that to City Council as an alternative to the approved zoning. The City Council approved the first reading of this request (7-0) on February 1, 2000, subject to the review and the P & Z's recommendation with the following amendments: - • deleting the "pitched roof' requirement for the building • modifying the permitted uses to "0-1" Office District uses, retail fabric store and sit down restaurant open no later than 2:00 am. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest Council Meeting February 15, 2000 Page 16 of 26 Contact Karen Gandy or Dennis Killough regarding this request. 25.Agenda Item No. 7F. Ordinance No. 480-329, 2nd Reading, Rezoning and Site Plan for Radiology Associates. The applicant has requested that this item be tabled until the March 7, 2000, City Council meeting. 26.Agenda Item No. 7G. Ordinance No. 480- 328 (ZA 99-128), 2nd Reading, Rezoning and Site Plan for Countryside Bible Church. The purpose of this request is to change the zoning of property being added to the site and address proposed new construction. The site contains three existing buildings totaling approximately 28,334 square feet of floor area. Phase 1 construction proposes a new fellowship building and an addition to the youth center, totaling approximately 8,400 square feet of additional floor area, with 178 additional parking spaces. Also proposed in Phase 1 is an outdoor basketball court and a storage/water tank building. Phase 2 proposes a;new two-story worship building having approximately 26,000 square feet of floor:area with an additional 213 parking spaces. Final build out proposes a 14,800-square- foot two story classroom addition to the existing sanctuary/classroom/administration office building. Phase 2 and final build out buildings will require a revised site plan approval since elevations and fmal plans have not been prepared. Upon build out the site would contain approximately 78,000 square feet of floor area with 540 parking spaces. Adjacent residents did not feel that the required 8' screening along the west property line was appropriate at this time. To allow waiver or variation of this Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest Council Meeting February 15, 2000 Page 17 of 26 requirement, the applicant has amended its zoning request to "S-P-i" Detailed Site Plan District'with "CS" uses. The Planning and Zoning Commission recommended approval (6-0-1), Commissioner King abstained, on January 20, 2000, subject to Site Plan Review Summary No. 3, dated January 14, 2000, accepting the applicant's request to amend the zoning request to "S-P-i" Detailed Site Plan District with "CS" Community Service District uses and deferring the 8' screening requirement until Phase II. • On February 1, 2000, the City Council approved (7-0) first reading on consent subject to Site Plan Review Summary No. 3, dated January 28, 2000, and subject to P&Z's motion but modifying the timing and type of screening on the west as follows: • accepting a rail fence in lieu of the 8-foot screening requirement for the properties north of Ravenaux Drive and the hammerhead turnaround area; • reserving the right to require additional screening if a new concept plan is filed that places buildings closer to the residential property line; • requiring the fence and required bufferyard be constructed concurrently with the hammerhead ("fire truck") turnaround; and • deferring the screening on the.-properties South of Ravenaux Drive until Phase 2 construction. Contact Karen Gandy or Dennis Killough regarding this request. Honorable Mayor and Members of City Council • Agenda Item Comments and Other Items of Interest Council Meeting February 15, 2000 Page 18 of 26 27.Agenda Item No. 8A. Ordinance No. 480-330 (ZA 99-132), Pt Reading, Rezoning and Site Plan for Carroll I.S.D. No. 6 Addition. The plan proposes a 7,500-seat football stadium, athletic.field house, and a transportation facility with bus storage area, maintenance facilities and a 12,000-gallon above-ground fueling tank. The CISD has stated plans to expand the stadium seating to approximately 10,000 seats in the future. On February 3, 2000, the.Planning and Zoning Commission recommended approval (4-1), Vice-Chairman Peebles dissented,'subject to Site Plan Review Summary No. 2, dated January 28, 2000; and subject to the following: • acknowledging some of the reasons for not going with straight "CS" zoning are the residential properties to the north; the industrial properties surrounding it; the particular needs and concerns surrounding this type of a use, a stadium; and several uses that do not come in under straight "CS" zoning such as the transportation facility; • striking the following use within the "CS" zoning district: 8.2.g: utility buildings and structures: power sub-stations, water tanks and reservoirs, water and sewage treatment plants; • deleting Item#1.B.1; • deleting Item#1.B.2; • amending Item#1.B.3, allowing a limit of 85% impervious coverage; • requiring compliance with Item#1.C.1 (residential adjacency); • deleting Item #1.D.1 and acknowledging the applicant's willingness, and effort to work with the Landscape Administrator to landscape as best as possible with native vegetation that provides some color and requires little or no watering; Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest Council Meeting February 15, 2000 Page 19 of 26 • granting a variance on Item #1.D.2, allowing the applicant to move some of the interior plantings to the outside bufferyards with the understandings that by the time it gets to City Council the district will work out the numbers to see if it is are able to have some relief of some of these trees and trees in other district properties in exchange for a brick wall that would border the northern properties; •. deleting Item#1.E.1 and accepting 1 space per 5 seats; • noting the district's willingness to comply with Item #5.B, with a study that shows the district comes under the limit of the decibels at the property line; • adding Item #5.D, requiring compliance with driveway stacking requirements but granting a variance to it and recognizing that the district is going to provide gates on both ends of the area between the.field house and Silicon Drive such that the stacking depth would actually be 163'; • requiring compliance with the Lighting Ordinance but recognizing the applicant has the lighting study and will submit it before going to 'City Council to allow staff time to review it; and • requiring the gates to the east of the field house to remain closed during games and for a period of 30 minutes after the games except for emergency access. CISD has provided lighting information to the Building Division. A review identifying the requested lighting ordinance variances is included in your packet following the Site Plan Review Summary. Contact Karen Gandy or Dennis Killough regarding any zoning or site plan issues. Please contact Malcolm Jackson or Chuck Bloomberg regarding any lighting issues. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest Council Meeting February 15, 2000 Page 20 of 26 28.Agenda Item No. 8B. Reconsideration of the request for variances to outdoor lighting for Carroll ISD Middle/Intermediate. I spoke with Ted Gillum tonight and he explained that the school district has plans to have an expert lighting engineer present Tuesday night to discuss the need for the school to be able to provide a safe lighting environment on the fields for their students. Ted indicated to me that they also will address those concerns raised by the City Council at the last meeting regarding the impact on the surrounding neighborhood. Note attached to my memo the Joint Report. This is just a general report to City Council and School Board members based on conversations among Ted_Gillum, myself, and our respective attorneys. In view of the content of the joint staff report, I feel that Council can be pleased with their efforts in this matter and because of those efforts the neighborhood will receive more consideration from the school district. 29.Agenda Item No. 8C. Ordinance No. 480-321, lst Reading, Rezoning and Revised ,Concept Plan for St. Martin-in-the-Fields Episcopal Church. This rezoning and site plan were submitted in an effort to master plan the 11.8-acre site to meet current growth and future needs. The S-P-2 zoning was requested in order to create development standards that would allow more flexibility than a straight "CS" district, including relief,from residential adjacency standards and the construction of a 65 foot-high sanctuary in Phase I and a 100-foot high, freestanding bell_ tower. The church also proposes adding to its existing Memorial Garden columbarium.for the interment of cremated remains. On January 6, 2000, the Planning and Zoning Commission recommended approval (7-0) subject to the review deleting Items #2.a.1'(minimum 500' distance separation Honorable Mayor and Members.of City Council Agenda Item Comments and Other Items of Interest Council Meeting February 15, 2000 Page 21 of 26 between any residence and a cemetery use and the requirement that the cemetery be enclosed in a fence); #2.d.1 (screening on east and southeast); and #3 (bufferyard requirements); and although not opposed to the variances requested in Items #2.b.1 (height increases to accommodate the proposed 100-foot, freestanding, ornamental bell tower and the 65 foot sanctuary), #2.c.1 (changing the residential adjacency distance standard from 400' to 100', and #2.e (limiting masonry façade to only those sides fronting a public R.O.W.), the Commission would like to reserve the right to review these issues at the Site Plan stage. If granted at-that time, these variances could then be incorporated into the actual S-P-2 zoning regulations. On January 18, 2000, City Council tabled (7-0) this request to February 1, 2000, due to the applicant is not being present. On February 1, 2000, City Council tabled (7-0) this request at the applicant's request to the February 15, 2000, City Council meeting. Since the Commission's action on this item, the applicant has eliminated its request to vary the distance requirements of the "Residential Adjacency" standards and the "masonry construction" standards. The Concept Plan Review Summary identifies the remaining variances requested, noting any recommendation of the Commission. Contact Karen Gandy or Dennis Killough regarding this request. 30.Agenda Item No. 10A. Approval of the CIP projects for the 1999-2000 Fiscal Year. The memo from Shawn Poe outlines the recommended CIP projects to be included in the FY99-00 CIP budget. The proposed CIP projects were discussed in detail at the January 24, 2000, Special Work Session. The memo addresses several suggestions by Council from the work session as well as the funding sources for the proposed projects. Staff recommends Council choose and prioritize the CIP Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest Council Meeting February 15, 2000 Page 22 of 26 projects as discussed in the memo and approve the CIP projects for the FY99-00. Please call Shawn Poe if you have any questions with this item. 31.Agenda Item No. 10B. Establish design parameters and authorization to advertise for bids for the reconstruction of Pine Drive from South White Chapel Boulevard to Lilac Lane. The City is in the process of developing construction plans for the reconstruction of Pine Drive. Sanitary sewer was installed and completed in November 1999. The reconstruction,of Pine Drive is budgeted in the CIP budget and is estimated to cost $200,000. The estimated cost is based on reconstructing Pine Drive to a width of 22'. Currently, the road width varies between 15' in a couple of places to 18' the majority of the roadway. There are trees that exist on each side of Pine Drive. If the roadway' is widened during the reconstruction, several trees will have to be removed. Given the sensitivity to the trees, the improved roadway width must be determined by Council before the construction plans can be completed. A neighborhood SPIN meeting was held with the residents along Pine Drive to discuss the issue. As stated in Senior Civil Engineer Shawn Poe's memo, the consensus among the residents was to reconstruct the road to the current width that exists today. Normally, permission to advertise for bids is not required for approved CIP projects. However, given the issues regarding the reconstruction of Pine, staff is requesting authorization to advertise for bids. Please contact Shawn Poe if you have any questions. 32.Agenda Item No. 10C. Park Use Policy for fundraising events. As 'you recall, a couple of months ago we briefed you on this issue and informed you we would need to address it in the Park Use Policy. This has been a difficult issue to address, as the Park Board has not been in consensus on a philosophical approach. ' The dilemma is that although there are any number of good causes that merit support through the use of our facilities, there also is the issue of setting a precedent that Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest Council Meeting February 15, 2000 Page 23 of 26 prevents us from disallowing those types of activities that we may not want in our parks. Of course, as staff we tend to err on the conservative side, and there is certainly an argument to be made that the risk is minimal. Recognizing this, and the fact that the Park Board also discussed this issue at length and raised many points, we are bringing forward the revisions as recommended by the Park Board, although not unanimously. The philosophical approach the Park Board recommended is to limit fundraising events to only large, special type events - e.g., a circus, sports tournament, or arts festival. As such, the criteria are defined to limit the activities most likely to be approved to a large event that would bring in many people, be of interest to a large segment of the community, and utilize a significant portion of the park or public facility. We also have drafted an alternate approach, taking into consideration some of the differing viewpoints offered. This approach will essentially greatly relax the restrictions to allow any Southlake-based, non-profit organization to use park or public facilities, as long as there is not a detrimental impact on other planned events or the facilities. Staff and the City Attorney have reviewed this issue extensively and tried to envision different scenarios; however, we also recognize that whatever approach is taken, we can always come back after some period of time and review the policy after we have some experience to judge it by. Questions on the policy revisions may be directed to Kevin Hugman. 33.Agenda Item No. 10D. Connector road between Peytonville Avenue and Shady Oaks Lane. On September 21," 1999, City Council had a second reading of Ordinance No. 754 for the purpose of amending the City's Master Thoroughfare Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest Council Meeting February 15, 2000 Page 24 of 26 Plan. At that time Council did not approve the option brought forth by staff. Attached are three options for creating a connector between Peytonville and Shady Oaks. Each option has a list of advantages and disadvantages. On April 7, 1998, City Council approved the Village Center East Circulation Study. The final version contained a connector road between FM 1709 and SH 114. A request has been made to amend the Master Thoroughfare Plan to include this • connector. Council can not make this decision at this time, but can direct staff to submit this to P&Z for proper consideration. Other Items of Interest 34. I realize there are more consent items on this agenda than usual, but most are day- to-day housekeeping issues. You will be seeing consent agenda items being placed with the CM Notes for your review soon. We will maintain a reasonable number of these items on consent. 35. SYAC Mock City Council meeting. Reminder that the mock City Council meeting is planned for Tuesday, February 29, 2000 in the Council Chambers. The meeting will begin at 6:00 p.m. and is expected to finish by 8:00 PM. (They have school the next day so cannot get the true experience of a late-night City Council meeting!) SYAC members will meet at 5:00 p.m. for pizza and practice. Please feel free to join us early for pizza and refreshments and to meet your counterparts. We will provide you details of the topic by next week to allow you enough time for,. questions or comments. If you have any questions in the meantime, please feel free to contact Courtney Queen. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest Council Meeting February 15, 2000 Page 25 of 26 Thank you for participating. This is a much anticipated event that SYAC looks forward to every year, and we could not do it without your assistance and expertise. 36.Also attached to my memo: • Letter from Terry Wilkinson. Please call me with comments on this matter. • Letter from Gary Fickes concerning MTP presentation to Texas Transportation Commission. • Southlake Volunteer Program Report • Thank you notes. • BC • . Staff Extension Numbers: Campbell, Billy, City Manager, ext. 701 Elam, Sharen, Finance Director, ext. 716 Gandy, Karen, Zoning Administrator, ext. 743 Harper, Ron, Public Works Director, ext. 779 Hugman, Kevin, Director of Community Services, ext.- 757 Jackson, Malcolm, Administrative Operations Coordinator, ext. 726 Killough, Dennis, Senior Planner, ext. 787 Last, Greg, Director of Economic Development, ext. 750 LeGrand, Sandra, City Secretary,.ext. 704 Martinson, Lynn, Assistant Finance Director, ext. 833 Polasek, Steve, Deputy Director Community Services, ext. 772 Queen, Courtney, Community Services Coordinator, ext. 827 Safranek, Lauren, Director of Human Resources, ext. 836 Siemer, Shelli, Assistant to the City Manager, ext. 806 Thomas, Charlie, City Engineer, ext. 814 Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest Council Meeting February 15, 2000 Page 26 of 26 Wilson, Garland, Director of Public Safety, ext. 735 Wright, Art, Zoning Assistant, ext. 828 Yelverton, Shana, Assistant City Manager, ext. 705 • City of Southlake, Texas Impaèt Fee Collection Schedule Alternatives pp i e. i 0 to ! . oc c.i i SVe• aYtas k - COLLECTION RATE PER VEHICLE MILE APPROVED 2/15/00 $493.62 { • Exhibit : Land Use/Vehicle-Mile Equivalency Table/Fee Schedule Used For Collection Purposes TOTAL (1999) SERVICE UNITS (VEH-MI / DEV. UNIT) LAND USE CATEGORY DEVELOPMENT S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. UNIT 1 2 3 4 5 6 7 8 PORT AND TERMINAL Truck Terminal . Acre $ 3,240 $ 3,240 $ 3,240 $ 3,240 $ 3,240 $ 3,240 $ 3,240 $ 3,240 INDUSTRIAL(ll°Jr .r.Lkl = i"t aV) General Light Industrial i 7 7, . 10 1,000 SF GFA $ 485 $ 485 $ 485 $ 485 $ 485 $ 485 $ 485 $ 485 General Heavy Industrial/Manufacturing 1,000 SF GFA $ 336 $ 336 ~$ 336 $ 336 $ 336 $ 336 $ 336 $ 336 Industrial Park mg,9s 1,000 SF GFA $ 455 $ 455 $ 455 $ 455 $ 455 $ 455 $ 455 $ 455 Warehousing ton. ifs 1,000 SF GFA $ 326 $ 326 $ 326 $ 326 $ 326 $ 326 $ 326 $ 326 Mini-Warehouse «16,lit, 1,000 SF GFA $ 155 $ 155 $ 155 $ 155 $ 155 $ 155 $ 155 $ 155 RESIDENTIAL Single-Family Detached Housing Is WO.CO Dwelling Unit $ 1,496 $ 1,496 $ 1,496 $ 1,496 $ 1,496 $ 1,496 / $ 1,496 $ 1,496 Apartment/Multi-family ft DC Dwelling Unit $ 992 $ 992 $ 992 $ 992 $ 992 $ 992 $ 992 $ 992 Mobile Home Park Dwelling Unit $ 859 $ 859 $ 859 $ 859 $ 859 $ 859 $ 859 $ 859 Retirement Community Dwelling Unit $ 503 $ 503 $ 503 $ 503 $ 503 $ 503 $ 503 $ 503 LODGING Hotel Room $ 194 $ 194 $ 194 -$ 194 $ 194 $ 194 $ _ 194 $ 194 Other Lodging Facilities Room $ 149 $ -149 $ 149 $ 149 ' $ 149 $ 149 $ 149 $ 149 RECREATIONAL Arena Acre $ 10,579 $ 10,579 $ 10,579 $ 10,579 1 $ 10,579 $ 10,579 $ 10,579 $ 10,579 Driving Range Tee $ 397 $ 397 $ 397 $ 397 $ 397 $ 397 $ 397 1 $ 397 Golf Course Acre $ 124 $ 124 $ 124 $ 124 $ 124 $ 124 $ 124 $ 124 Health/Recreational Clubs and Facilities 1,000 SF GFA $ 555 $ 555 $ 555 $ _ 555 $ 555 $ 555 $ 555 $ 555 Ice Rink 1,000 SF GFA $ 749 $ 749 $ 74.9 $ 749 $ 749 $ 749 $ 749 $ 749 Live Theater Seat $ 6 $ 6 $ 6 $ 6 $ 6 $ 6 $ 6 $ 6 Miniature Golf Hole $ 105 $ 105 $ 105 $ 105 $ 105 $ 105 $ 105 $ 105 Movie Theater Seat $ 44 $ 44 $ 44 $ 44 $ 44 $ 44 $ 44 $ 44 Tennis Courts Court $ 1,232 $ 1,232_$ 1,232_ $ 1,232 $ 1,232 $ 1,232 $ 1,232 $ 1,232 INSTITUTIONAL 0+,1tn. $ 6�.� Church ,.%4 1,000 SF GFA $ 62 $ 62 $ 62 $ 62 $ 62 $ 62 $ 62 $ 62 Day Care L3.tc 1,000 SF GFA $ 137 $ 137 $ 137 $ 137 $ 137 $ 137 $ 137 $ 137 MEDICAL Clinic 1,000 SF GFA $ 1,930 $ 1,930 $ 1,930 $ 1,930 $ 1,930 $ 1,930 $ 1,930 $ 1,930 Hospital 4S4.2t Bed $ 455 $ 455 $ 455 $ 455 $ 455 $ 455 $ 455 $ 455 Nursing Home Bed $ 75 $ 75 $ 75 $ 75 $ 75 $ 75 $ 75 $ 75 OFFICE (I p,n lcip,a; I (1�'LO Corporate Headquarters Building 1,000 SF GFA $ 749 $ 749 $ 749 $ 749 $ 749 $ 749 $ 749 $ 749 General Office Building t 2O 1,000 SF GFA $ 803 $ 803 $ 803 $ 803 $ 803 $ 803 $ 803 $ 803 Medical/Dental Office 1,000 SF GFA $ 1,973 $ 1,973 $ 1,973 $ 1,973 $ 1,973 $ 1,973 $ 1,973 $ 1,973 Single Tenant Office Building 1,000 SF GFA $ 927 $ 927 $ 927 $ 927 $ 927 $ 927 $ 927 $ 927 De-. 1 COLLECTION RATE PER VEHICLE MILE APPROVED 2/15/00 $493.62 Exhibit : Land UseNehicle-Mile Equivalency Table/Fee Schedule Used For Collection Purposes TOTAL (1999) SERVICE UNITS (VEH-MI / DEV. UNIT) LAND USE CATEGORY DEVELOPMENT S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. UNIT 1 2 3 4 5 6 7 8 Office/Business Park 131,.,.0 o 1,000 SF GFA $ 809 $ 809 $ 809 $ 809 $ 809 $ 809 $ 809 $ 809 COMMERCIAL i, q s •161:51 Automobile-related t Automobile Care Center 1,000 SF GFA $ 644 $ 644 $ 644 $ 644 $ 644 $ 644 $ 644 $ 644 Automobile Parts Sales 1,000 SF GFA $ 1,082 $ 1,082 $ 1,082 $ 1,082 $ 1,082 $ 1,082 $ 1,082 $ 1,082 Gasoline/Service Station Fueling Position $ 500- $ 500 $ 500 $ 500 $ 500 $ 500 $ 500 $ 500 Convenience Market with 12 or More Fueling Positions Fueling Position $ 349 $ 349 $ 349 $ 349 $ 349 $ 349 $ 349 $ 349 Convenience Market with Less than 12 Fueling Positions 1,000 SF GFA $ 1,221 $ 1,221 $ 1,221 $ 1,221 $ 1,221 $ 1,221 $ 1,221 $ 1,221 New Car Sales 1,000 SF GFA $ 711 $ 711 $ 711 $ 711 $ 711 $ 711 $ 711 $ 711 Quick Lubrication Vehicle Center Service Position $ 988 $ 988 $ 988 $ 988 $ 988 $ 988 $ 988 $ 988 Self-Service Car Wash Stall $ 206 $ 206 $ 206 $ 206 $ 206 $ 206 $ 206 $ 206 Tire Store 1,000 SF GFA $ 942 $ 942 $ 942 $ 942 $ 942 $ 942 $ 942 $ 942 Dining _ Fast Food Restaurant with Drive-Thru 1,000 SF GFA $ 3,958 $ 3,958 $ 3,958 $ 3,958 $ 3,958 $ 3,958 $ 3,958 $ 3,958 Fast Food Restaurant without Drive-Thru 1,000 SF GFA $ 3,092 $ 3,092 s $ 3,092 $ 3,092 $ 3,092 $ 3,092 $ 3,092 $ 3,092 High Turnover(Sit-Down) Restaurant 6 ..i 1,000 SF GFA $ 1,464 $ 1,464 $ 1,464 $ 1,464 $ 1,464 $ 1,464 $ 1,464 $ 1,464 Quality Restaurant tom.5t 1,000 SF GFA $ 992 $ 992 $ 992 $ 992 $ 992 $ 992 $ 992 $ 992 Grocery Stores and Convenience Markets Convenience Market with 12 or More Fueling Positions Fueling Position $ 349 $ 349 $ 349 $ 349 $ 349 $ 349 $ 349 $ 349 %h^, ;' Convenience Market with Less than 12 Fueling Positions 1,000 SF GFA $ 1,221 $ 1,221 $ 1,221 $ 1,221 $ 1,221 $ 1,221 $ 1,221 $ 1,221 -4, lam _ Supermarket 1,000 SF GFA $ 2,338 $ 2,338 $ 2,338 $ 2,338 $ 2,338 $ 2,338 $ 2,338 $ 2,338 1 Other Retail Free-Standing Retail Store 1,000 SF GFA $ 803 $ 803 $ 803 $ 803 $ 803 $ 803 $ 803 $ 803 Furniture Store 11 . ,4 1,000 SF GFA $ 67 $ 67 $ 67 $ 67 $ 67 $ 67 $ 67 $ 67 Pharmacy/Drugstore 1,000 SF GFA $ 1,683 $ 1,683 $ 1,683 $ 1,683 $ 1,683 $ 1,683 $ 1,683 $ 1,683 Shopping Center 1,000 SF GFA $ 783 $ 783 $ 783 $ 783 $ 783 $ 783 $ 783 $ 783 Video Arcade 1,000 SF GFA $ 1,689 $ 1,689 $ 1,689 $ 1,689 $ 1,689 $ 1,689 $ 1,689 $ 1,689 Video Rental Store 1,000 SF GFA $ 2,158 $ 2,158 $ 2,158 $ 2,158 $ 2,158 $ 2,158 $ 2,158 $ 2,158 Wholesale Wholesale Market 1,000 SF GFA $ 67 $ 67 $ 67 $ 67 $ 67 $ 67 $ 67 $ 67 SERVICES Bank(Walk-In) 3A6n 114 1,000 SF GFA $ 3,328 $ 3,328 $ 3,328 $ 3,328 $ 3,328 $ 3,328 $ 3,328 $ 3,328 Bank(Drive-In) 1,000 SF GFA $ 4,857 $ 4,857 $ 4,857 $ 4,857 $ 4,857 $ 4,857 $ 4,857 $ 4,857 ... w 13- --..., Ptuffin -..... (. .,rvic.e.. Maas 2.-8) - III COLLECTION RATE PER VEHICLE MILE APPROVED 2/15/00 $493.62 Exhibit : Land UseNehicle-Mile Equivalency Table/Fee Schedule Used For Collection Purposes TOTAL (1999) SERVICE UNITS (VEH-MI/DEV. UNIT) LAND USE CATEGORY DEVELOPMENT S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. UNIT 1 2 3 4 5 6 7 8 PORT AND TERMINAL - Truck Terminal Acre $ 9,700 $ 5,669 $ 5,669 $ 5,6.69 $ 5,669 $ 5,669 $ 5,669 $ 5,669 INDUSTRIAL General Light Industrial 1,000 SF GFA $ 1,451 $ 848 $ 848 $ 848 $ : 848 $ 848 $ 848 $ 848 General Heavy Industrial/Manufacturing 1,000 SF GFA $ 1,007 $ 589 $ 589 $ 589 $ 589 $ 589 $ 589 $ 589 Industrial Park 1,000 SF GFA $ 1,362 $ 796 $ 796 $ 796 $ 796 $ 796 $ 796 $ 796 Warehousing - 1,000 SF GFA $ 903 $ 571 $ 571 $ 571 $ 571 $ 571 $ 571 $ 571 Mini-Warehouse 1,000 SF GFA $ 429 $ 271 $ 271 $ 271 $ 271 $ 271 $ 271 $ 271 RESIDENTIAL Single-Family Detached Housing Dwelling Unit $ 1,496 $ 1,496 $ 1,496 $ 1,496 $ 1,496 $ 1,496 $ 1,496 $ 1,496 Apartment/Multi-family Dwelling Unit $ 992 $ 992 $ 992 $ 992 $ 992 $ 992 $ 992 $ 992 Mobile Home Park Dwelling Unit $ 859 $ 859 $ 859 $ 859 $ 859 $ 859 $ 859 $ 859 Retirement Community Dwelling Unit $ 503 $ 503 $ 503 $ 503 $ 503 $ 503 $ 503 $ 503 =-=_ LODGING . ....---- Hotel Room $ 903 $ 339 $ 339 $ 339 $ 339 $ 339 $ 339 $ 339 Other Lodging Facilities Room $ 696 $ 261 $ 261 $ 261 $ 261 $ 261 $ . 261 $ 261 RECREATIONAL , Arena Acre $ 49,357 $ 18,513 $ 18,513 $ 18,513 $ 18,513 $ 18,513 $ 18,513 $ 18,513 Driving Range Tee $ 1,851 $ 694 $ 694 $ 694 $ 694 $ 694 $ 694 $ 694 Golf Course Acre $ 578 $ 217 $ 217 $ 217 $ 217 $ " 217 $ 217 $ 217 Health/Recreational Clubs and Facilities 1,000 SF GFA $ 2,592 $ 972 $ 972 $ 972 $ 972 $ 972 $ 972 $ 972 Ice Rink 1,000 SF GFA $ 3,495 WEB $ 1,311 $ 1,311 $ 1,311 $ 1,311 $ 1,311 $ 1,311 Live Theater Seat $ 30 MEM $ 11 $ 11 $ 11 $ 11 $ 11 $ 11 Miniature Golf Hole $ 489 $ 183 $ 183 $ 183 $ 183 $ 183 $ 183 $ 183 Movie Theater Seat $ 207 $* 78 $ 78 $ 78 $ 78 $ 78 $ 78 $ 78 Tennis Courts Court $ 5,746 $ 2,155 $ 2,155 $ 2,155 $ 2,155 $ 2,155 $ 2,155 $ 2,155 INSTITUTIONAL . Church 1,000 SF GFA $ _ 311 $ 109 $ 109 $ 109 $ 109 $ 109 $ 109 $ 109 Day Care 1,000 SF GFA $ 684 $ 239 $ 239 $ 239 $ 239 $ 239 $ 239 $ 239 MEDICAL Clinic 1,000 SF GFA $ 7,671 $ 3,378 $ 3,378 $ 3,378 $ 3,378 $ 3,378 $ 3,378 $ 3,378 Hospital Bed $ 1,807 $ 796 $ 796 $ 796 $ 796 $ 796 $ 796 $ 796 Nursing Home Bed $ 296 $ 130 $ 130 $ 130 $ 130 $ 130 $ 130 $ 130 OFFICE Corporate Headquarters Building 1,000 SF GFA $ 2,058 $ 1,311 $ 1,311 $ 1,311 $ 1,311 $ 1,311 $ 1,311 $ 1,311 General Office Building 1,000 SF GFA $ 2,206 $ 1,406 $ 1,406 $ 1,406 $ 1,406 $ 1,406 $ 1,406 $ 1,406 Medical/Dental Office 1,000 SF GFA '$ 5,420 $ 3,453 $ 3,453 $ 3,453 $ 3,453 $ 3,453 $ 3,453 $ 3,453 Single Tenant Office Building 1,000 SF GFA $ 2,547 $ 1,622 $ 1,622 $ 1,622 $ 1,622 $ 1,622 $ 1,622 $_ 1,622 Office/Business Park 1,000 SF GFA $ 2,221 $ 1,415 $ 1,415 $ 1,415 $ 1,415 $ 1,415 $ 1,415 $ 1,415 COMMERCIAL • Automobile-related ed COLLECTION RATE PER VEHICLE MILE APPROVED 2/15/00 $493.62 Exhibit : Land UseNehicle-Mile Equivalency Table/Fee Schedule Used For Collection Purposes TOTAL (1999) SERVICE UNITS (VEH-MI/DEV. UNIT) LAND USE CATEGORY DEVELOPMENT S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A: UNIT 1 2 3 4 5 6 7 8 Automobile-Care Center - 1,000 SF GFA $ 3,003 $ 1,126 $ 1,126 $ 1,126 $ 1,126 $ 1,126 $ 1,126 $ 1,126_ Automobile Parts Sales 1,000 SF GFA $ 5,048 $ 1,893 $ 1,893 $ 1,893 $ 1,893 $ 1,893 $ 1,893 $ 1,893 Gasoline/Service Station Fueling Position $ 2,501 $ 875 $ 875 $ 875 $ 875 $ 875 $ 875 $ 875 Convenience Market with 12 or More Fueling Positions Fueling Position $: 1,744 $ 611 $ 611 $ 611 $ 611 $ 611 $ 611 _$ 611 1�U1IVC1I1CIR.0 Mal RCI WIIILLCJA LIIQII Ic ruemly 1,000 SF GFA $ 6,104 $ 2,136 $ 2,136 $ 2,136 $ 2,136 $ 2,136 $ 2,136 $ 2,136 New Car Sales 1,000 SF GFA $ 3,317 $ 1,244 $ 1,244 $ 1,244 $ 1,244 $ 1,244 $ 1,244 $ 1,244 Quick Lubrication Vehicle Center Service Position $ 4,611 $ 1,730 $ 1,730 $ 1,730 $ 1,730 $ 1,730 $ 1,730 $ 1,730 Self-Service Car Wash Stall $ 1,029 $ 360 $- 360 $ 360 $ 360 $ 360 $ 360 $ 360 Tire Store 1,000 SF GFA $ 4,393 $ 1,648 $ 1,648 $ 1,648 $ 1,648 $ 1,648 $ 1,648 $ 1,648 Dining Fast Food Restaurant with Drive-Thru 1,000 SF GFA $ 19,790 $ 6,927 $ 6,927 $ 6,927 $ 6,927 $ 6,927 $ 6,927 $ 6,927 Fast Food Restaurant without Drive-Thru 1,000 SF GFA $ 15,458 $ 5,410 $ 5,410 $ 5,410 $ 5,410 $ 5,410 $ 5,410 $ 5,410 High Turnover(Sit-Down)Restaurant 1,000 SF GFA $ 7,318 $ 2,561 $ 2,561 $ 2,561 $ 2,561 $ 2,561 $ 2,561 $ - 2,561 - . -Quality Restaurant-- - z. - 1,000-SF-GFA-,_$._.- 4,959-$:--1;736, -$-_..__1,736 -$=='1;736 .-$:_.- .1;736m $- 1;736=-$ =-1;736=::$.._,,.1;736 ::._ _° Grocery Stores and Convenience Markets Convenience Market with 12 or More Fueling Positions Fueling Position $ 1,744 $ 349 $ 349 $ 349 $ 349 $ 349 $ 349 $ 349 Roe IVIGI M1CI WRII.1-Cbb 111tl1I IL ruClllly `--- 1,000 SF GFA $ 6,104 $ 1,221 $ 1,221 $ 1,221 $ 1,221 $ 1,221 $ 1,221 $ 1,221 Supermarket 1,000 SF GFA $ 10,909 $ 2,338 $ 2,338 $ 2,338 $ 2,338 $ 2,338 $ 2,338 $ 2,338 Other Retail Free-Standing Retail Store 1,000 SF GFA $ 3,747 $ 1,405 $ 1,405 $ 1,405 $ 1;405 $ 1,405 $ 1,405 $ 1,405 Furniture Store 1,000 SF GFA $ 313 $ 117 $ 117 $ 117 $ 117 $ 117 $ 117 $ 117 Pharmacy/Drugstore 1,000 SF GFA $ 7,854 $ 2,946 $ 2,946 $ 2,946 $ 2,946 $ 2,946 $ 2,946 $ 2,946 Shopping Center 1,000 SF GFA $ 3,655 $ 1,371 $ 1,371 $ 1,371 $ 1,371 $ 1,371 $ 1,371 $ 1,371 Video Arcade 1,000 SF GFA $ 7,878 $ 2,955 $ 2,955 $ 2,955 $ 2,955 $ 2,955 $ 2,955 $ 2,955 Video Rental Store 1,000 SF GFA $ 10,070 $ 3,777 $ 3,777 $ 3,777 $ 3,777 $ 3,777 $ 3,777 $ 3,777 Wholesale Wholesale Market 1,000 SF GFA $ 311 $ 117 $ 117 $ 117 $ 117 $ 117 $ 117 $ 117 SERVICES Bank(Walk-In) - 1,000 SF GFA $ 16,642 $ 5,825 $ 5,825 $ 5,825 $ 5,825 $ 5,825 $ 5,825 $ 5,825 Bank(Drive-In) 1,000 SF GFA $ 24,287 $ 8,501 $ 8,501 $ 8,501 $ 8,501 $ 8,501 $ 8,501 $ 8,501 r G Cie �l� 1 LI I XL1 t Le, O 141 COLLECTION RATE PER VEHICLE MILE APPROVED 2/15/00$493.62 Exhibit : Land UseNehicle-Mile Equivalency Table/Fee Schedule Used For Collection Purposes TOTAL (1999) SERVICE UNITS (VEH-MI/DEV. UNIT) LAND USE CATEGORY DEVELOPMENT S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. UNIT 1 2 3 4 5 6 7 8 PORT AND TERMINAL Truck Terminal Acre $ 9,700 $ 7,050 $ 7,050 $ 7,050 $ 7,050 $ 7,050 $ 7,050 $ 7,050 INDUSTRIAL General Light Industrial 1,000 SF GFA $ 1,451 $ 1,055 $ 1,055 $ 1,055 $ 1,055 $ 1,055 $ 1,055 $ 1,055 General Heavy Industrial/Manufacturing 1,000 SF GFA $ 1,007 $ 732 $ 732 $ 732 $ 732 $ 732 $ 732 $ 732 Industrial Park 1,000 SF GFA $ 1,362 $ 990 $ 990 $ 990 $ 990 $ 990 $ 990 $ 990 Warehousing 1,000 SF GFA $ 903 $ 678 $ 678 $ 678 $ 678 $ 678 $ 678 $ 678 Mini-Warehouse 1,000 SF GFA $ 429 $ 322 $ 322 $ 322 $ 322 $ 322 $ 322 $ 322 RESIDENTIAL Single-Family Detached Housing , Dwelling Unit $ 1,496 $ 1,496 $ 1,496 $ 1,496 $ 1,496 $ 1,496 $ 1,496 $ 1,496 Apartment/Multi-family Dwelling Unit $ 992 $ 992 $ 992 $ 992 $ 992 $ 992 $ 992 $ 992 Mobile Home Park Dwelling Unit $ 859 $ 859 $ 859 $ 859 $ 859 $ 859 $ 859 $ 659 Retirement Community _ ._._, _,-Dwelling Unit-_ $ 503 =$- --.503 $ 503 $ .--503 $ 503 .$ 503 $ -, -503 .$--- -503 LODGING Hotel Room $ 903 $ 505 $ 505 $ 505 $ 505 $ 505 $ 505 $ 505 Other Lodging Facilities Room $ 696 $ 389 $ 389 $ 389 $ 389 $ 389 $ 389 $ 389 RECREATIONAL Arena Acre $ 49,357 $ 27,581 $ 27,581 $ 27,581 $ 27,581 $ 27,581 $ 27,581 $ 27,581 Driving Range Tee $ 1,851 $ 1,034 $ 1,034 $ 1,034 ' $ 1,034 $ 1,034 $ 1,034 $ 1,034 Golf Course Acre $ 578 $ 323 $ 323 $ 323 $ 323 $ 323 $ 323 $ 323 Health/Recreational Clubs and Facilities 1,000 SF GFA $ 2,592 $ 1,448 , $ 1,448 $ 1,448 $ 1,448 $ 1,448 $ 1,448 $ 1,448 Ice Rink 1,000 SF GFA $ 3,495 $ 1,953 $ 1,953 $ 1,953 $ 1,953 $ 1,953 $ 1,953 $ 1,953 Live Theater - Seat $ 30 $ 17 $ 17 $ 17 $ 17 $ 17 $ 17 $ 17 Miniature Golf Hole $ 489 $ 273 $ 273 $ 273 $ 273 $ 273 $ 273 $ 273 Movie Theater Seat $ 207 $ 116 $ 116 $ 116 $ 116 $ 116 $ 116 $ 116 Tennis Courts Court $ 5,746 $ 3,211 $ 3,211 $ 3,211 $ 3,211 $ 3,211 $ 3,211 $ 3,211 INSTITUTIONAL Church 1,000 SF GFA $ 311 $ 162 $ 162 $ 162 $ 162 $ 162 $ 162 $ 162 Day Care 1,000 SF GFA $ 684 $ 357 $ 357 $ 357 $ 357 $ 357 $ 357 $ 357 MEDICAL Clinic 1,000 SF GFA $ 7,671 $ 4,888 $ 4,888 $ 4,888 $ 4,888 $ 4,888 $ 4,888 $ 4,888 Hospital Bed $ 1,807 $ 1,151 $ 1,151 $ 1,151 $ 1,151 ,$ 1,151 $ 1,151 $ 1,151 Nursing Home Bed $ 296 $ 189 $ 189 $ 189 $ 189 $ 189 $ 189 $ 189 OFFICE Corporate Headquarters Building 1,000 SF GFA $ 2,058 $ 1,551 $ 1,551 $ 1,551 $ 1,551 $ 1,551 $ 1,551 $ 1,551 General Office Building 1,000 SF GFA $ 2,206 $ 1,663 $ 1,663 $ 1,663 $ 1,663 $ 1,663 $ 1,663 $ 1,663 Medical/Dental Office 1,000 SF GFA $ 5,420 $ 4,084 $ 4,084 $ 4,084 $ 4,084 $ 4,084 $ 4,084 $_ 4,084 Single Tenant Office Building 1,000 SF GFA- $ 2,547 $ 1,919 $ 1,919 $ 1,919 $ 1,919 $ 1,919 $ 1,919 $ 1,919 Office/Business Park 1,000 SF GFA $ 2,221 $ 1,674 $ 1,674 $ 1,674 $ 1,674 $ . 1,674 $ 1,674 $ 1,674 COMMERCIAL AV LA+ I 11491 COLLECTION RATE PER VEHICLE MILE APPROVED 2J15/00$493.62 Exhibit : Land Use/Vehicle-Mile Equivalency Table/Fee Schedule Used For Collection Purposes TOTAL(1999) SERVICE UNITS (VEH-MI/DEV. UNIT) LAND USE CATEGORY DEVELOPMENT S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. UNIT 1 2 3 4 5 6 7 8 Automobile-related Automobile Care Center 1,000 SF GFA $ 3,003 $ 1,678 $ 1,678 $ 1,678 $ 1,678 $ 1,678 $ 1,678 $ 1,678 Automobile Parts Sales 1,000 SF GFA $ 5,048 $ 2,821 $ 2,821 $ 2,821 $ 2,821 $ 2,821 $ 2,821 $ 2,821 Gasoline/Service Station Fueling Position $ 2,501 $ 1,304 $ 1,304 $ 1,304 $ 1,304 $ 1,304 $ 1,304 $ 1,304 Convenience Market with 12 or More Fueling Positions Fueling Position $ 1,744 $ 910 $ 910 $ 910 $ 910 $ 910 $ 910 $ 910 L.uIIVCI IleI II.0 IVldl Mel WIIII Lebb tlldll IL I UCIII1y 1,000 SF GFA $ 6,104 $ 3,183 $ 3,183 $ 3,183 $ 3,183 $ 3,183 $ 3,183 $ 3,183 New Car Sales 1,000 SF GFA $ 3,317 $ 1,854 $ 1,854 $ 1,854 $ 1,854 $ 1,854 $ 1,854 $ 1,854 Quick Lubrication Vehicle Center Service Position $ 4,611 $ 2,577 $ 2,577 $ 2,577 $ 2,577 $ 2,577 $ 2,577 $ 2,577 Self-Service Car Wash Stall $ 1,029 $ 536 $ 536 $ 536 $ 536 $ 536 $ 536 $ 536 Tire Store 1,000 SF GFA $ 4,393 $ 2,455 $ 2,455 $ 2,455 $ 2,455 $ 2,455 $ 2,455 $ 2,455 Dining Fast Food Restaurant with Drive-Thru 1,000 SF GFA $ 19,790 $ 10,319 $ 10,319 $ 10,319 $ 10,319 $ 10,319 $ 10,319 $ 10,319 Fast Food Restaurant without Drive-Thru 1,000 SF GFA $ 15,458 $ 8,060 $ 8,060 $ 8,060 $ 8,060 $ 8,060 $ 8,060 $ 8,060 High Turnover(Sit-Down)Restaurant 1,000 SF GFA $ 7,318 $ 3,816 $ 3,816 $ 3,816 $ 3,816 $ 3,816 $ 3,816 $ 3,816 Quality Restaurant 1,000 SF GFA $ 4,959 $ 2,586 $ 2,586 $ 2,586 $ 2,586 $ 2,586 $ 2,586 $ 2,586 Grocery Stores and convenience Markets Convenience Market with 12 or More Fueling Positions Fueling Position $ 1,744 $ 797 $ 797 $ 797 $ 797 $ 797 $ 797 $ 797 LA./live'Ile] IVIdlnut With LCAJ Illdll lL rubmly 1,000 SF GFA $ 6,104 $ 2,790 $ 2,790 $ 2,790 $ 2,790 $ 2,790 $ 2,790 $ 2,790 Supermarket 1,000 SF GFA $ 10,909 $ 5,344 $ 5,344 $ 5,344 $ 5,344 $ 5,344 $ 5,344 $ 5,344 Other Retail Free-Standing Retail Store 1,000 SF GFA $ 3,747 $ 2,094 $ 2,094 $ 2,094 $ 2,094 $ 2,094 $ 2,094 $ 2,094 Furniture Store 1,000 SF GFA ` $ 313 $ 175 $ 175 $ 175 $ 175 $ 175 $ 175 $ 175 Pharmacy/Drugstore 1,000 SF GFA $ 7,854 $ 4,389 $ 4,389 $ 4,389 $ 4,389 $ 4,389 $ 4,389_ $ 4,389 Shopping Center 1,000 SF GFA $ 3,655 $ 2,043 $ 2,043 $ 2,043 $ 2,043 $ 2,043 $ 2,043 $ 2,043 Video Arcade 1,000 SF GFA $ 7,878 _$ 4,402 $ 4,402 $ 4,402 $ 4,402 $ 4,402 $ 4,402 $ 4,402 Video Rental Store 1,000 SF GFA $ 10,070 $ 5,627 $ 5,627 $ 5,627 $ 5,627 $ 5,627 $ 5,627 $ 5,627 Wholesale Wholesale Market 1,000 SF GFA $ 311 $ 174 $ 174 $ 174 $ 174 $ 174 $ 174 $ 174 SERVICES - Bank(Walk-In) 1,000 SF GFA $ 16,642 $ 8,677 $ 8,677 $ 8,677 $ 8,677 $ 8,677 $ 8,677 $ 8,677 Bank(Drive-In) 1,000 SF GFA $ 24,287 $ 12,664 $ 12,664 $ 12,664 $ 12,664 $ 12,664 $ 12,664 $ 12,664 JOINT REPORT i . The administrative staffs of the City of Southlake (the "City") and the Carroll Independent School District ("Carroll ISD") have come together to discuss issues relative to construction and growth in the community. As a result of that discussion, they have developed this Joint Statement to acknowledge the legal and political controls over their relationship. In the growth situation currently being experienced, the duty of the City to preserve good government and order of the community is sometimes at odds with the duty of the school district to provide the appropriate educational environment for its students. The parties acknowledge that, according to the Texas Supreme Court, a city may not use its zoning power to prevent a school district from building any school district facility on school district land, at the school district's discretion. However, the parties also acknowledge that school districts are required to comply with the reasonable building ordinances of a city. Consequently, the law __ provides that as long as a city's ordinance is reasonably related to the health, safety, and welfare of the community, the school district must comply with those procedures and regulations. On the other hand, the law also qualifies this power of the city by holding that a city ordinance may not create an unreasonable restriction on the power of the school district to achieve its educational purposes, and may only enforce its restrictions to the letter of its ordinances, and not beyond. Thus, a balance must be achieved whereby the school'district will be able to adequately provide appropriate educational facilities for its students while not unreasonably interfering with the health, safety, and welfare of the community. Certainly, it is the desire of both Carroll ISD and the City to work collaboratively to achieve the School District's and City's purposes in a manner which respects the legal rights of both entities. Representatives of the City and Carroll ISD discussed the City Council's denial of the Carroll ISD's request for a variance to allow the use of certain lighting on the football and track field which Carroll ISD proposes to construct at the new Kimball Avenue Middle/Intermediate School. The parties acknowledge that the City cannot prevent Carroll ISD from installing lighting on its football and track field. The decision to light the field lays with the school district. However, Carroll ISD recognizes that the City does have the authority, through its lighting ordinance, to impose reasonable regulations on the manner and use of the lighting on the field utilizing guidelines in which to create a safe environment. The school district has the authority to determine the guidelines which establishes a safe environment for the students on the field. Representatives of the City and Carroll ISD discussed the tree mitigation ordinance as applied to all school district properties. Carroll ISD recognizes that the mitigation of trees is an important and worthwhile public purpose of a growing community. Consequently, the school district wishes to comply with the requirements of the City's Tree Preservation Ordinance with such plans as to establish a long-term landscaping plan for other school district facilities. Representatives of the City and Carroll ISD collectively discussed the drainage ordinance as applied to the school district property under construction. The school district wishes to adhere to the drainage ordinance. Carroll ISD agreed that the City has the right to restrict the uses of the property so that any negative impacts created by the school district's development on its downstream neighbors are resolved appropriately.. This report contains general statements of understanding as discussed by CISD Superintendent Dr. Ted Gillum, City Manager Billy Campbell, and attorneys representing both entities. This report does not dismiss the opportunity for input from the City Council and/or members of the CISD School Board. -2- MEMORANDUM February 10, 2000 • TO: City Manager, Assistant City Manager and Department Directors FROM: Nona Whitehead, Volunteer Program Coordinator SUBJECT: Southlake Volunteer Program (SVP) Report -January 2000 Department/Division Number of Hours Estimated' YTD• " Volunteers Savings* Savings**.: City Manager's Office 1 9 $85.50 $85.50 City Secretary's Office Community.Services 2 12 . $114.. $114. Economic Development 1 9.5 $90.25 $90.25 Finance Fire Human Resources 1 11 $104.50 $104.50 Library Planning 1 10.5 $99.75 $26.12 Police/Community Service 1 16 $152. $152. Public Works Senior Activity Center 11 102.75 $976.13 $976.13 " Teen Court 1 3.5 $33.25 $33.25 Totals 19. 174.25 : '.$1655.37 ,.$1655.37 • Estimates of savings are based on a combination of Professional ($15), Support staff($9.50) and Youth ($5.35 minimum wage) as reported by each department. ** Year to date savings are based on a calendar year, January 1 - December 31 C:\Nona\Other\Vol-Misc\SVP Director's Memo Wyndham Properties, Ltd. '51 E.Southlake Blvd. site 130 uthlake,TX 76092 (817)329-4599 (817)488-2420 Fax February 7, 2000 Billy Campbell City Manager City of Southla_ke Re: Clow Property I have recently learned that the City is interested in acquiring the land located on Shady Oaks Road, currently owned by the Clow's, for use as open space, and that there may be some property remaining that could be purchased from the City for residential development. I would be interested in purchasing the excess land for development into a custom home neighborhood, if that would be of benefit to the City. I do not have any land plans at this time, and I do not know how much of this land the City may want to retain for it's open areas. However, in general I should able to pay approximately $52,000 for each fully entitled half-acre undeveloped lot. I will need more information before I know exactly what I could pay. If something along this line would . fit into the City's plans, I will be happy to work with the City, and my engineer to prepare a layout that would be mutually acceptable. Sincerely, Terry L. Wilkinson February Monthly Planner Sunday Monday Tuesday Wednesday Thursday Friday Saturday ._j,, ,'��. 1 2 3 4 5. .'�.Y :. ;=.�:c�-�.'tC.tj.�`;r.,:`>-:.t;`'„ a�K `Yrntw.tiw"Ji� 1`�' S"Y`'•"'``, 6:00 PM SYAC 6:30 PM P&Z 6:00 PM Cham- •�,:�.";f:�'.�;�; na' ��'��•,z�r��.._.�;:.;�,��7:00 PM City ? ;',,r;;' � _ "',• g Mtg @ Comm. Mtg @ City ber Banquet @ _. � ' �_•: "�;,=`,:.°.y Council Mt -4.';a; _ :Ali, @ City Hall :t4, �4{ Ctr. Hall Marriott :, , ,;}- ,; r.1 Solana i.'l�.:'�� '.!- H"C�1:' _ �e';��t-t-,,':�` a5c..•cis:;� 6 7 8 9 10 11 12 6:00 PM Emplo- 310150 PM M AdI D dications 7'MtgPM®sr.tcerirCities 7:00 PM SPIN yee Banquet @ @ Town Sq 7.00 PM SPIN 12-13- 14 Mtg @ Sr. Marriott s:@ Co m.C Park Board 15-16 Mtg®City Activity Center Solana 6:00 PM Strategic Plan Mtg Hall @ Admin cone 7:00 PM SPIN 6 7:00 PM Drug&Alcohol Mtg Hall M g @ Sr.Ctr. 7:00 PM SPIN#9W-Pine 7:00 PM SPIN 7 Dr.@Sr.Center Mtg @ CISD Annex "- 14 15 16 17 18 19 7:00 PM Park 7:00 PM City 6:00 PM SYAC 7:30 AM Metro- 6:00 PM TML 10:00 AM KBS Board Mtg @ Council Mtg Mtg @ Comm. port Cities Mtg Quarterly Meet- Litter Clean Up Comm. Ctr. @ City Hall Ctr. @ NRH ing @ NRH @ Bicentenial 7:00 PM KBS Mtg 6:30 PM P&Z (Contact CSO for Park @ Comm.Ctr. reservations) 7:00 PM SPIN 7 Mtg @ City Mtg @ Sr.Ctr. Hall Bond Rating Trip @ New YorkII 20 21 22 23 24 25 26 7i00 PM Library 3:00 PM Traffic 9:00 AM SPIN Board @City Management Retreat @ Hall Cond Status Mtg BSA(Solana) 7:30 PM Water @ TBD Issues Relative to 4:30 PM Traffic Lakewood Ridge Management &Indian Creek Bond Program @ Comm Ctr Steering Comm Bond Rating...1 @ TBD 27 28 • 29 ; _.• 6:00 PM SPDC 6:00 PM SYAC t . Mtg @ City Mock Council _ • Hall Mtg @ City • - • _ ' ' Hall Meetings subject to change. As meetings come up or change we will notify you. Please call for more information prior to attending. City of Southlake, Texas • MEMORANDUM February 9, 2000 TO: Billy Campbell, City Manager FROM: Kevin Hugman, Director of Community Services (ext. 772) SUBJECT: Authorization to enter into an agreement with Coca-Cola for the provision of beverages at Bicentennial Park and to terminate the existing agreement with Pepsi-Cola Action Requested: Authorization to enter into an agreement with Coca-Cola for the provision of beverages at Bicentennial Park and to terminate the existing agreement with Pepsi-Cola. Background Information: In March of 1996, the City entered into an exclusive concession agreement with Pepsi-Cola to provide soft drink beverages at Bicentennial Park in exchange for six scoreboards valued at $19,000. The term of the contract was for a period of seven (7) years, expiring on February 7, 2003. An amendment to the original contract was entered into on October 5, 1996, providing for three additional scoreboards valued at $9,948 and extending the termination date of the contract to February 7, 2006. Essentially, the contracts provided the City with improvements in the form of scoreboards valued at $28,948 over ten (10) years, or approximately $2,895 per year. Due to the growth within Bicentennial Park, it was determined that it would be in the City's best interest to explore opportunities to secure greater financial returns in exchange for the exclusive rights to provide beverages within the park. Requests for proposals (RFP's) were sent to Pepsi-Cola, Coca-Cola, Dr. Pepper, and Gatorade, and three responses were received on January 24, 2000 (Pepsi, Coca-Cola, and Dr. Pepper). Staff reviewed the proposals with representatives from the Southlake Girls Softball Association, Southlake Baseball Association, and the Tennis Center. In terms of a financial commitment, the proposal submitted by Coca-Cola greatly exceeded the proposals from Pepsi and Dr. Pepper. The general provisions of the Coca-Cola proposal are as follows: • Ten year term of agreement • Payment of$325,000 to the City over the term of the agreement • City collects 20% of commissions on all vended products • Exclusive package product in all concessions and pro shop • Exclusive Coca-Cola products for all events in Bicentennial Park • Full service vending, two vendors by main concession, two vendors by small concession, and two vendors by inline rink (Coca-Cola responsible for all installation costs and compliance with State and City codes) 5-C - I MM Billy Campbell, City Manager February 9, 2000 Page 2 • Sale of 20 ounce plastic bottles. Pricing not to exceed $1.25 on carbonated products and $1.50 on non carbonated products • Funds to be used to support improvements within Bicentennial Park (annual park improvements would be developed by staff with input from the associations and submitted to Park Board for recommendation to Council). • Sponsor Coca-Cola Classic Tournament(s) (baseball, softball, tennis, etc.), not to exceed $5,000 out of annual funds paid by Coca-Cola Financial Considerations: Coca-Cola is proposing the following arrangements: • Up front payment to City in year one, $100,000 • Up front payment annually, years two through ten, $25,000 • Pay City 20% commission on vended products (requesting placement of six vending machines within the park) • Provide all equipment and signage necessary to distribute the product. In regards to the Pepsi-Cola contract, assuming a March 16, 2000 termination date, the remaining cost to purchase the existing nine scoreboards would be approximately $17,075. Funding for the pro-rated purchase of the scoreboards would be taken out of Coca-Cola's year one payment of $100,000. Citizen Input/ Board Review: Staff met with representatives from the Southlake Baseball Association, the Southlake Girls Softball Association, and Joe Snailum, Manager of the Southlake Tennis Center. Based on the review of the proposals, all of the parties involved strongly support entering into an agreement with Coca-Cola to provide beverages at Bicentennial Park and terminating the existing contract with Pepsi-Cola. The Parks and Recreation Board at their January 31, 2000 meeting recommended entering into an agreement with Coca-Cola for the provision of beverages at Bicentennial Park and terminating the current agreement with Pepsi-Cola (8-0). As part of the motion, staff will work with Coca-Cola to decrease or eliminate the illumination from the vending machines. Legal Review: The City Attorney has reviewed the existing contract and amendment with Pepsi Cola, and has prepared a termination letter. The City Attorney has also reviewed the contract with Coca-Cola. Alternatives: Reject the proposal from Coca-Cola and maintain the existing contract with Pepsi Cola. 5C —Z. li°1 Billy Campbell, City Manager February 9, 2000 ,Page 3 Supporting Documents: Supporting documents include the following: • Proposed contract between the City and Coca-Cola • Termination letter to Pepsi-Cola Staff Recommendation: Place as an item on the February 15, 2000 agenda, City Council authorization to enter into an agreement with Coca-Cola for the provision of beverages at Bicentennial Park and terminating the existing agreement with Pepsi-Cola. 5-c---3 AGREEMENT This Agreement is made and entered into this day of , 2000 between Austin Coca-Cola Bottling Company d/b/a Coca-Cola Bottling Company of North Texas, a Texas corporation, having a place of business at 3400 Fossil Creek Boulevard, Ft. Worth, Texas 76137 ("Advertiser"), and City of Southlake a municipal corporation, having its principal place of business at 400 N. White Chapel, Southlake, Texas ("Dealer") WITNESSETH: WHEREAS, Advertiser desires to obtain exclusive availability, promotional and advertising rights for its beverage products and those of The Coca-Cola Company ("Company") and Advertiser, and WHEREAS, Dealer is vested with the authority to grant to Advertiser the exclusive promotional advertising and beverage availability rights described herein with respect to all other facilities owned or operated by the Dealer, including all Concessions, Shops, Events, and Facilities within Bicentennial Park; and NOW, THEREFORE, in consideration of the promises herein contained, the parties hereto agree as follows: 1. Definitions, (a) "Agreement Year" means each twelve-month period beginning with the first day of the Term. (b) "Approved Cups" means disposable cups (12 oz., 16 oz., 20oz., 24 oz., and 32 oz. minimum sizes), if used, approved by Company from time to time as its standard trademark cups and/or other(disposable and nondisposable) containers approved by Company from time to time, all of which shall prominently bear the trademark(s) Coca- Cola and/or other Products (as herein defined) on all of the cup surface. Company's currents standard trademark cup is attached hereto as Exhibit A. (c) "Beverage" or `Beverages' means (i) all hot and cold, carbonated and noncarbonated, nonalcoholic beverages, including but not limited to, carbonated soft drinks, frozen carbonated and noncarbonated beverages, packaged waters, natural or artificially flavored fruit juices, drinks containing fruit juice and fruit-flavored drinks (sweetened or unsweetened), tea products, hypertonic, isotonic, and hypotonic drinks, energy and fluid replacement drinks ("Soft Drinks"); and (ii)all drink or beverage bases, whetherin the form of syrups, powders, crystals, nonconcentrates or otherwise, from which such drinks and beverages could be prepared. "Beverage" or Beverages" shall not include fresh-brewed unbranded coffee and tea products, milk, water drawn from the public water supply or unbranded juice squeeze fresh at the Facility. mac- y (d) "Facility" means the entire premises within Bicentennial Park and any future facilities related to the current recreational activities within Bicentennial Park including, athletic facilities, offices, maintenance facilities, the grounds, parking lots, all buildings which are a part of Bicentennial Park, branded and unbranded food service outlets, concession stands, press rooms, vending locations, and players' benches, sidelines and locker rooms. • (e) "Competitive Products" means any and all Beverages other than Products (as defined herein). (f) "Products" shall mean Beverage products of Company or Advertiser. (h) "Team" or"Team(s)" means all athletic teams associated with Dealer. 2. Term Advertiser shall have the rights provided herein for a term of ten (10) years, beginning March 17, 2000 ("Term"), unless mutually extended by written Agreement of the parties or unless sooner terminated as provided herein. 3. Grant of exclusive Beverage Availability and Beverage Merchandising Rights Dealer hereby grants to Advertiser the following exclusive Beverage availability and merchandising rights, subject to the Permitted Exceptions set forth in Section 7. (a) Exclusive Beverage Availability at facility. Advertiser shall have the exclusive right to make Beverages available for sale and distribution at the Facility(s). Dealer agrees that Products shall be the exclusive Beverages sold, dispensed, served or sampled at all locations and at all functions at the Facility. Dealer agrees that Dealer and all other persons serving Beverages at Facility, including without limitation concessionaires, food service vendors, team use, and booster clubs, shall purchase all Products and Approved Cups directly from Advertiser. (i) Obtain Beverage vending services from Advertiser, which shall have the exclusive right to provide Beverage vending at the Facility; (ii) Permit Advertiser to place a minimum of six (6) vending machines, all placed in mutually agreed upon locations as required to meet Beverage availability needs at Facility. All costs associated with the placement of vending machines shall be the responsibility of the Advertiser. Advertiser must comply with all State and City codes, screening vendors with non-logo decals, sides only. The Advertiser agrees not to illuminate the vending machines and will remove side logo decals and replace with decals as approved by the Dealer. 2 " - 5 IMPP (iii) If Teams use isotonic Products, use Advertiser Products and Approved Cups. (b) Exclusive Beverage Merchandising Rights. Advertiser shall have the exclusive right to merchandise Beverages at the Facility including the following specific rights. (i) Point of Sale Advertising. Materials promoting Products at the point of sale at the Facility shall be clearly visible to the purchasing public and shall be displayed in a manner and location acceptable to Advertiser. Dealer shall be given the right • to preview all materials and to reflect any materials reasonably deemed by the Dealer to be inappropriate. Advertiser shall comply with all applicable City ordinances including zoning and screening requirements that apply to the location and operation of vending machines; (ii) Concession/Menu Board Advertising. Trademarks for Products shall be prominently listed on the menu boards of all food refreshment outlets at Facility; (iii) At Facility Promotions. Advertiser shall have the right to undertake Product promotions, designed to increase the sale of Products at the Facility. Such right shall include the right to offer Beverages in promotional vessels bearing trademarks of Products. The Dealer reserves the right to reasonably limit the location, size, frequency and nature of any such promotion. 4. Grant of Exclusive Beverage Advertising and Promotional Rights Subject to the Permitted Exceptions set forth in Section 7, Dealer hereby grants to Advertiser the exclusive right to advertise and promote Beverages on and with respect to the Facility, the Teams and/or Dealer sponsored events at the Park, including the following specific advertising and promotional rights: (a) Signage for Products. (i) Facility. Advertiser shall be entitled to premiere and dominant signage locations as selected by Advertiser at the Facility, including but not limited to the advertising panels located on the scoreboards described in Section 5(a)(i). Such signage shall meet Advertiser's reasonable specifications as to design, construction, and general appearance, and shall comply with all applicable City ordinances. The location, size and appearance of any sign is subject to Dealer approval, not to be unreasonably withheld. All lighted signs and panels advertising or promoting products shall be restricted to the interior of the concession stands and tennis pro shop. (ii) No Obstruction of Signage. Without the express written consent of Advertiser, Advertiser's signage at the Facility shall not be altered, obscured in any way or draped at any time or for any reason by any person or entity, including any broadcaster. Without the express written consent of Advertiser in its sole discretion, Dealer shall not 3 Y under any circumstances, permit Advertiser's singe at the Facility to be electronically altered, deleted or covered by any person or entity, including any broadcaster, during any photographing of the Facility or during the broadcast of any event at the Facility (including, without limitation, Team games). (iii) Obligation to Maintain Signage. Dealer shall maintain all scoreboards, signs and other advertising for Products in good order and repair. (iv) Illuminated Signage. All lighted signs and panels advertising or promoting products (including lighted concession advertising) shall be fully illuminated at all events at the Facility for which any signs are illuminated with the exception of vending machines which are addressed under Section 3(a)(ii). (v) Access to Signage. Advertiser shall have the right of access to its permanent signage at all reasonable,times for the purpose of replacement or removal of the same or to modify, change or alter the promotional messages appearing thereon at Advertiser's cost and discretion, subject to Dealer approval of content, not to be unreasonably withheld. (b) Promotional Rights. Advertiser shall have the right to promote the fact that Advertiser is a sponsor of the Facility and Stadiums at the Facility. Such promotion may occur in all advertising , including television , radio and print media, on the packaging of(including cups and vessels) and at the point of sale of any and all Products wherever they may be sold or served, and may be conducted in cooperative advertising with Advertiser's customers at no additional cost. 5. Consideration (a) Sponsorship Fees. for the exclusive promotional rights, exclusive Beverage availability rights and other rights described herein, (i) Advertiser agrees to provide Dealer with a $100,000.00 cash payment, year one, to be paid within 30 days of date of the execution of the Agreement by the Dealer. (ii) Advertiser agrees to provide Dealer with a $25,000.00 cash payment, annually, years two through ten, payable on the anniversary of the date of signed execution of the Agreement by the Dealer. (iii) Advertiser shall pay the Dealer monthly commissions on full-service vending sales based on the following rates and initial vend prices: 20 oz. bottles - carbonated 20% The initial vend price shall be $1.00 4 20 oz. bottles - non-carbonated 20% The initial vend price shall be $1.00 The commission shall not be payable on any sales from vending machines not filled or serviced by Advertiser. Advertiser may adjust the vend prices on an annual basis as necessary to reflect changes in its costs, including cost of foods. These commissions will be paid on or about thel8th of each month and shall become immediate property of Dealer. (b) Dealer agrees spend sponsorship fees resulting from this Agreement to support improvements to the Facility. (c) Dealer agrees to spend an amount not to exceed $5,000.00 annually, of funds provided in each Agreement year, for events; Coca-Cola Classic Tournament(s) (baseball, softball, tennis, etc...) 6. Competitive Products. Subject to the permitted Exceptions in Section 7, during the entire Term and any renewal or extension thereof: • (a) No Competitive Products may be sold, dispensed or served by the Dealer anywhere at the Facility. (b) No permanent or temporary advertising, signage or trademark visibility for competitive Products will be displayed or permitted anywhere at the Facility, including locker rooms, sidelines and players benches. This shall not apply to any logos or trademarks displayed on the clothing or equipment of any team or players who use the facility. (c) No agreement or relationship will be entered into or maintained by Dealer pursuant to which Competitive Products are associated in any manner with the Facility, Teams and/or events at the Facility in any advertising, promotional activity or other endeavor which creates or tends to create the impression of a relationship or connection between Competitive Products and Facility, and teams (d) Dealer recognizes that Advertiser has paid valuable consideration to ensure an exclusive association relationship with the Facility, with respect to beverages and that any dilution or diminution of such exclusivity seriously impairs Advertiser's valuable rights. Accordingly, in the event another person or entity attempts, without Advertiser's consent, to associate its Beverages with the Facility, or to suggest that Competitive Products are endorsed by or associated with the Facility by referring directly or indirectly to the Facility, (all of which actions described in this subsection 6(d) are sometimes referred to as"Ambush Marketing", Dealer will promptly oppose such actions and take any and all steps necessary, (including, but not limited to: written complaints to 5 SC- i, the violating party and local media outlets; and private and public cease and desist announcements, but excluding litigation), to cooperate with Advertiser to stop the Ambush Marketing and to protect the exclusive associational rights granted to Advertiser by Dealer in this Agreement. In the event any such Ambush Marketing occurs during the Term, immediately upon learning thereof, each party shall notify the other party. 7. Permitted Exception The following items shall be considered "Permitted Exceptions": Permitted Competitive Beverage Availability. Dealer's right to make available for sale at Facility (i) fresh-squeezed unbranded juice, (ii) fresh-brewed unbranded tea and (iii)fresh-brewed unbranded coffee, as long as Advertiser does not distribute a similar Product. Dealer agrees that this provision shall not be read to allow trademarks for such Competitive Products to be displayed on menu boards and on dispensing equipment. 8. Pricing During Agreement Year one, Advertiser shall provide Beverages to Dealer and/or its concessionaires at the prices set forth in Exhibit C. During the remainder of the Term, annual price increases will only take place due to cost of goods increases. Annual price increases must be submitted to the Dealer in writing sixty(60) prior to the effective date of the price increase. 9. Equipment and Service (a) During the Term, Advertiser will provide on a full-service basis to Dealer, at no cost, pursuant to the terms and conditions of Advertiser's standard equipment placement agreement, (i) that Beverage dispensing equipment which is currently installed at the Facility, and (ii) any additional equipment determined by Advertiser and Dealer to be required in order to replace defective or worn out Beverage dispensing equipment or to equip new locations at the Facility ("Equipment"). (b) Dealer agrees that it will execute an UCC Financing Statements, or their documents evidencing advertiser's ownership of the Equipment, upon request. The equipment may not be removed from the Facility without the owner's written consent, and Dealer agrees not to encumber the Equipment in any manner or permit Equipment to be attached thereto except as authorized by Advertiser. To the extent that any terms and conditions set forth in such agreement are in conflict with the terms and conditions set forth in this Agreement, this Agreement shall control. (c) In addition, Advertiser will provide Dealer with reasonable free service to the Equipment. Service will be provided during normal business hours, and 6 Advertiser will not be obligated to provide service hereunder during periods in which it is prevented from doing so due to strikes, civil disturbances, unavailability of parts or other causes beyond the control of the Advertiser, and shall not be liable for damages of any nature arising out of delays in rendering service. Service on Facility dispensing equipment shall be within 24 hours (excluding weekends) from request of Dealer except under abnormal conditions such as those previously mentioned in this paragraph. (d) Advertiser agrees to deliver product orders within 48 hours of Dealer request unless prevented from doing so as a result of strikes, civil disturbance, or other causes beyond Advertisers control. 10. Injunctive Relief It is understood that the rights granted to Advertiser herein are special, unique and extraordinary, and are of peculiar value, the loss of which cannot be fully compensated by damages in an action at law or any application of any of the other remedies described herein. Accordingly, in the event the Products are not made available as provided herein, or if any of the provisions concerning Competitive Products are not complied with, Dealer acknowledges and agrees that Advertiser shall be entitled to seek and obtain equitable relief, including an injunction requiring Dealer to comply fully with its obligation under this Agreement. 11. Liquidated Damages In the event of termination during any Agreement Year of the Term by Dealer for any reason not the fault of Advertisers, the parties agree that Advertiser's liquidated damages would be difficult and impractical to determine. The parties further agree that the liquidated damages set forth in Exhibit B are reasonable and do not constitute a penalty. In the event of termination during any Agreement Year of the Term by Dealer for any reason not the fault of Advertiser, Dealer agrees not to claim that any of the amounts in Exhibit B constitute a penalty. 12. Loss of Beverage Availability or Advertising Rights-Termination (a) The Advertiser may terminate this Agreement if Dealer should: (i) Discontinue making available the products as required herein; (ii) Materially restrict or limit any of the rights granted to the Advertiser herein; or (iii) not take steps to prevent Ambush Marketing when such Ambush Marketing is within reasonable control. If Dealer commits a default of this Agreement, as set forth in this subsection, then Advertiser may elect , at its option, but not as its 7 sole remedy, to terminate this Agreement or adjust the commission fee structure for the then remaining portion of the term. Advertiser may not exercise the actions described in this subsection without first giving Dealer 30 days written notice and opportunity to cure, and Dealer has failed to cure the default. In the event of termination by Advertiser in this subsection, Dealer shall pay to Advertiser the liquidated damages as set forth in Exhibit `B". (b) Dealer also agrees that Advertiser shall have the right, but not the obligation, to terminate this Agreement without further liability if(i) the Facility is sold or; (ii) City of Southlake (Bicentennial Park) fails to provide facilities for their teams scheduled games at the Facility for a period of more than thirty (30) days. In the event of such termination, Dealer shall pay to Advertiser the liquidated damages set forth in Exhibit B, unless; (i) Dealer and the purchaser of the Facility agree to an assignment, or(ii)Dealer agrees to extend the term for a corresponding period of time. (c) In the event that Advertiser fails to comply with any of its obligations contained herein, after being given written notice by the Dealer and 30 days to comply with its obligations, the Dealer may terminate this Agreement, so long as Dealer shall first exercise diligent and reasonable efforts to meet with Advertiser to discuss any unresolved issues. If the issues remain unresolved and Advertiser has not complied with its obligations, Dealer may then terminate the Agreement and pay to Advertiser the liquidated damages set forth in Exhibit B. 13. Right of First Refusal For Advertising and Beverage Availability Upon termination of this Agreement, other than for Advertisers default, Advertiser shall have the right of first refusal of any similar agreement regarding advertising and Beverage availability rights. As used herein, the right of first refusal shall mean that Dealer shall negotiate with Advertiser for a period of sixty (60) days before and after the termination of this Agreement. After such exclusive negotiation period, Dealer shall be free to negotiate with any person, however, if Dealer receives a"bona fide offer" (as hereinafter defined) regarding such rights from a third party, then Dealer shall be obligated to communicate such offer to Advertiser, and Advertiser shall have thirty (30) business days from the date of such communication to offer to contract with Dealer on terms no less favorable to Dealer than those contained in the bona fide offer of the third party. In no event shall Dealer enter into a contract with a third party upon terms and conditions more favorable to such third party than those offered to Advertiser. As used herein, the term"bona fide offer" shall mean a proposed agreement concerning rights and obligations similarr to those herein, which agreement, if executed by Dealer and the third party, would be legally binding. 8 14. Representations, Warranties and Covenants (a) Representations, Warranties and Covenants of Dealer. Dealer represents, warrants and covenants to Advertiser as follows: (i) Dealer Authority. Dealer has full power and authority to enter into this Agreement and to grant and convey to Advertiser the rights set forth herein. Upon any expiration or revocation of Dealer's authority to convey, in whole or in part, the above advertising, promotional, Beverage availability and merchandising rights, then, in addition to the termination rights set forth, in whole or in part, in Section 12 above, Advertiser shall have the right, but not the obligation, to cease payment to Dealer and instead make commission payments to any party that thereafter assumes responsibility for any Beverage advertising, promotional and/or availability rights at the Facility and/or promotional and advertising rights with respect to the Dealer. (ii) Dealer Binding Obligation. All necessary approvals for the execution, delivery and performance of this Agreement by Dealer have been obtained and this Agreement has been duly executed and delivered by Dealer and constitutes the legal and binding obligation of Dealer enforceable in accordance with its terms. (iii) No Conflict With Other Agreements. Dealer has not entered into, and during the Term of this Agreement, will not enter into (a) any other agreements (including agreements with any broadcaster or any other sponsors of the Facility) which would prevent it form fully complying with the provisions of this Agreement or(b) any agreement granting Beverage availability and merchandising or promotional and/or advertising rights that are inconsistent with concessionaires or third party food service operators, vending companies, boosters, parents and student groups, and/or other entities which sell, distribute or advertise Beverages and/or food (including agreements with broadcasters or other sponsors or the Facility). Dealer further covenants that it will require compliance with the relevant provisions of this Agreement by third party food service operators, vending companies, concessionaires, boosters, parent and student groups, and/or other entities which sell, distribute or advertise Beverages and/or food at the Facility, or which sponsor events at the Facility. (b) Representations and Warranties and Covenants of Advertiser. Advertiser represents, warrants and covenants as follows: (i) Authority. Advertiser has full power and authority to enter into this Agreement. (ii) Binding Agreement. All necessary approvals for the execution, delivery and performance for this Agreement by Advertiser have been obtained, and this Agreement has been duly executed and delivered by Advertiser and constitutes the legal and binding obligation of Advertiser enforceable in accordance with its terms. • 9 SZ-/2- (iii) No Conflict With Other Agreements. Advertiser has not entered into, and during the Term of this Agreement, will not enter into, any other Agreements which would prevent either from fully complying with the provisions of this Agreement. (c) General. Each of the parties hereto agree that the representations, warranties and covenants contained herein shall survive the execution and delivery, and if appropriate the termination, of this Agreement. 15. Insurance and Indemnification (a) Advertiser agrees to maintain insurance with a.company or companies with at least a B+Best retain. Advertiser agrees to carry a minimum of One Million Dollars ($1,000,000) of public liability and property damage insurance to adequately protect the respective interests of the parties hereto. (b) Advertiser agrees to and does hereby indemnify, hold harmless and defend Dealer, its officers, agents, servants and employees from and against any and all claims or suits for property loss or damage and/or personal injury, including death to any and all persons of whatsoever kind of character, whether real or asserted, arising out of or in connection with the existence, maintenance, use or location of the easement, whether or not such property loss, damage, or personal injury is caused in whole or in part by the alleged negligence of the Dealer, its officers, agents, servants or employees. 16. Notices Any notices or other communication hereunder shall be in writing, shall be sent via registered or certified mail, and shall be deemed given when received. If to Advertiser: Austin Coca-Cola Bottling Company 3400 Fossil Creek boulevard Fort Worth, Texas 76137 Attention: Division Vice President and General Manager with a copy to: Coca-Cola Enterprises Inc. 2500 Windy Ridge Parkway Atlanta, Georgia 30339 Attention: General Counsel 10 Se— /3 If to Dealer: City of Southlake • 400 North White Chapel Southlake, Texas 76092 Attention: Director of Community Services 17. Assignment This Agreement or any part hereof shall not be assigned or otherwise transferred by either party without the prior written consent of the other party. 18. Modifications No modification or waiver of any of the terms and conditions of this Agreement shall be effective unless such modification or waiver is expressed in writing and executed by each of the parties hereto. This Agreement may be amended only in writing signed by each of the parties hereto. 19. Relationship of Parties The parties are acting herein as independent contractors and independent employer. Nothing herein contained shall create or be construed as creating a partnership, joint venture or agency relationship between any of the parties and no party shall have the authority to bind the other in any respect. 20. Retention of Rights Dealer shall not obtain, by its Agreement, any right, title or interest in the trademarks of The Coca-Cola Company. Under the authority of the Advertiser, Dealer shall have the right to use, refer to, or incorporate in marketing or other materials the name, logos, trademarks or copyrights of The Coca-Cola Company. 21. Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and venue in any proceeding relating to this Agreement shall be in Tarrant County, Texas 22. Captions The captions used in this Agreements are for convenience only and shall not affect in any way the meaning or interpretation of the provisions set forth herein. 11 sc-17 23. Force Majeure If performance by Dealer of any term, condition or covenant in this Agreement is delayed or prevented by any Act of God, strike, lockout, shortage of material or labor, restriction by any governmental authority, civil riot, flood, or any other cause not within the control of Dealer, the period for performance of the term, condition or covenant shall be extended for a period equal to the period Dealer is so delayed or prevented. 24. Entire Agreement This Agreement and its exhibits shall constitute the complete and exclusive written expression of the intentions of the parties hereto and shall supersede all previous communications, representations, agreements, promises or statements, either oral or written, by and between either party. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be duly executed as of the date first above written. • COCA-COLA BOTTLING COMPANY OF NORTH TEXAS By: Printed Name: Mark Thomson Title: Area Vice-President Date: City of Southlake(Bicentennial Park) By: Printed Name: Title: Date: 12 �G-lY 111111 EXHIBIT B Liquidated Damages In the event of termination during any Agreement Year of the Term, Dealer shall pay the following liquidated damages to Advertiser: Agreement Year in Amount due Advertiser which termination occurs 2000 $ 100,000.00 2001 $ 115,000.00 2002 $ 105,000.00 2003 $ 95,000.00 2004 $ 85,000.00 2005 $ 75,000.00 2006 $ 65,000.00 2007 $ 55,000.00 2008 $ 45,000.00 2009 $ 35,000.00 13 Exhibit C Pricing 20 ounce carbonated drinks in plastic bottles $14.00 per case (24 units) 20 ounce isotonic drinks in plastic bottles $16.00 per case (24 units) 24 ounce isotonic drinks in plastic bottles with sports cap $21.00 per case (24 units) 20 ounce non carbonated juice drinks in plastic bottles $16.00 per case (24 units) 20 ounce tea in plastic bottles $16.00 per case (24 units) 20 ounce water in plastic bottles $12.00 per case (24 units) 1 liter water in plastic bottles $12.00 per case (12 units) 2 liter carbonated drinks (recreation use only) $8.00 per case (8 units) Cups 12 oz. cups (2000 per case) $54.75 per case 16 oz. cups (1000 per case) $39.00 per case 20 oz. cups (1000 per case) $46.50 per case 24 oz. cups (1000 per case) $48.60 per case 32 oz. cups (500 per case) $42.60 per case 14 = = City of Southlake Dut-FTi a • Administrative Offices February 16, 2000 Mayor: Rick Stacy Mayor Pro Tern: Gary Fawks HAND-DELIVERED Deputy Mayor Pro Tern: Pepsi Cola Products Ronnie Kendall 5201 Blue Mound Road Councilmembers: Fort Worth, Texas 76106 Wayne Moffat Rex Potter Debra Edmondson Attn: Michael Woods Patsy DuPre City Manager: Re: Contract between the City of Southlake, Texas and Pepsi-Cola Billy Campbell Products Assistant City Manager: Shana K.Yelverton Dear Mr. Woods: y Secretary: _ndra L.LeGrand I am writing on behalf of the City of Southlake to inform you that the City hereby terminates the Contract between the City and Pepsi-Cola entered into on February 6, 1996, and as amended October 15, 1996 (the "Agreement"). Pursuant to Section III of the Agreement, this letter shall serve as the requisite 30 day notice of cancellation. Enclosed is a check in the amount of$17,075, the pro-rata amount Pepsi-Cola is due in the event of cancellation of the Contract before the expiration of 120 months and the City desires to keep the scoreboards. Should you have any questions in this regard, please advise. Sincerely, Billy Campbell City Manager cc: City Attorney 1725 East Southlake Blvd. •Southlake,Texas 76092 (817) 481-5581• FAX (817) 329-1747 AN EQUAL OPPORTUNITY EMPLOYER" SL- /A City of.Southlake, Texas MEMORANDUM February 9, 2000 TO: Billy Campbell, City Manager FROM: Lauren Safranek, Director of Human Resources (ext. 836) SUBJECT: Resolution 00-16 Amending the Personnel Policies Handbook to Include a Tobacco Use Policy Action Requested: Adopt Resolution No. 00-16 amending the Personnel Policies Handbook to include a tobacco use policy. Background Information: Ordinance No. 725 addresses smoking in City in facilities. However, currently there is not a policy in place that addresses the use of smokeless tobacco products in City facilities. Additionally, no policy currently addresses the use of tobacco products in City vehicles. In an effort to consistently apply a smoking policy, staff has recommended that a policy should be approved that addresses all tobacco use. Also, in an effort to • maintain all City property in a clean manner, a policy prohibiting the use of all tobacco in City vehicles is also recommended. For these reasons, staff has developed a tobacco use policy that prohibits the use of all tobacco products in City facilities and City vehicles. This policy does provide for designated tobacco use areas at all City facilities. The policy would apply to all employees, volunteers, contract employees, and vendors. Financial Considerations: None Citizen Input/ Board Review: None Legal Review: The attorneys have reviewed the tobacco use policy, and recommended changes that were included in the final policy. Alternatives: Not approve the tobacco use policy. Supporting Documents: Resolution 00-16 and Tobacco Use Policy. Staff Recommendation: Approve Resolution 99-80. lor 5D-1 • RESOLUTION NO. 00-16 RESOLUTION OF THE CITY COUNCIL OF THE CITY • OF SOUTHLAKE TEXAS, AMENDING THE CITY OF SOUTHLAKE EMPLOYEE HANDBOOK TO INCLUDE A TOBACCO USE POLICY. WHEREAS, City of Southlake (the "City") currently prohibits smoking in all City facilities under Ordinance No. 725; and WHEREAS, This Ordinance does not address the use of smokeless tobacco products; and WHEREAS, There currently is not a policy in place that addresses the use of tobacco products in City vehicles; and WHEREAS, the City Council desires to provide a healthy and pleasing work environment for all of its employees, visitors, and volunteers, in City facilities and vehicles; now THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF • SOUTHLAKE, THAT: Section 1: The City revise its employee handbook to include a tobacco use policy. Section 2: This resolution shall become effective after its passage and adoption by the City Council. PASSED AND APPROVED THIS THE DAY OF , 2000. Rick Stacy, Mayor ATTEST: Sandra L. LeGrand, City Secretary 5D-2 0 City of Southlake Personnel Policies Section: Rules and Regulations Topic: Tobacco Use Policy Effective Date: February 15, 2000 Approved By: Revision Date: 1.0 Purpose To prohibit tobacco product use inside all City buildings, City facilities, and City vehicles. Tobacco use will only be allowed in designated areas as set forth in this Policy. 2.0 Individuals Affected All City employees, including probationary, regular full-time, regular part-time, seasonal, temporary, and contract employees of the City of Southlake, and all vendors, clients and visitors to the City facilities. 0 3.0 Definitions Tobacco Product: Any product or preparation containing tobacco, including chewing tobacco, dip, snuff, smokeless tobacco, cigarettes, cigars, or pipe tobacco. 3.0 Policy An employee shall not smoke, chew or dip any tobacco product in any building or vehicle owned or leased by the City, except in the following designated Tobacco use areas: • Administrative Offices: _ Back porch of Administration Building ■ City Hall: Picnic table behind City Hall • Parks and Recreation Service Center: Yard area South of building • Community Center: West exit ■ Planning Offices: Back porch of Planning Building • Public Works Center: Northwest corner entrance, adjacent to Water Water Division • Senior Center Back porch If any City department has a policy that is more restrictive, the employee shall comply with the more restrictive policy. • 5D-3 r ' City of Southlake, Texas • ; MEMORANDUM February 11, 2000 TO: Billy Campbell, City Manager FROM: Shelli Siemer, Assistant to the City Manager SUBJECT: Resolution No. 00-18, Approving Bylaws for the Tax Increment Reinvestment Zone Board of Directors. Action Requested: Consideration of Resolution No. 00-18, approving Bylaws for the Board of the Directors of the TIRZ.- Background Information: At the January 13, 2000 TIRZ Board meeting, the board adopted Bylaws to provide guidelines for the board. During the meeting, the board made some changes to the Bylaws. The first change included holding a regular meeting once a year during the fourth quarter of the calendar year to allow for the annual report to be presented at the end of the year,but not tying the board down to a specific month. Two additional changes include changing the wording from"may"to "shall"hold meetings within a public building, and changing the name of Tarrant County Junior College to Tarrant County College. The Bylaws will become effective upon approval by the City Council. Financial - Considerations: Not Applicable. Citizen-Input/ Board Review: The TIRZ Board of Directors approved the Bylaws on January 13, 2000. Legal Review: The attorneys have reviewed the Bylaws and they are consistent with the statute and with the ordinances adopted by the City Council. Alternatives: Not applicable. 5E-1 Billy Campbell February 11,2000 Page Two Supporting Documents: Resolution No. 00-18. Bylaws of the Reinvestment Zone Number One. Unapproved minutes of the January 13, 2000 TIRZ Board meeting. Staff Recommendation: Staff recommends placing this item on the February 15h, City Council meeting agenda. • • 5E-2 City of Southlake, Texas RESOLUTION NO. 00-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING THE BYLAWS OF THE BOARD OF DIRECTORS OF THE TAX INCREMENT REINVESTMENT ZONE NUMBER ONE, PROVIDING AN • EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake, Texas, after public hearing created Tax Increment Reinvestment Zone Number One, City of Soutlhake, as set forth in Ordinance No. 682, dated, September 23, 1997 and 682-A, dated, December 2, 1997; and WHEREAS, a Board of Directors was established by the City of Southlake Ordinance No. 682, adopted September 23, 1997,to administer the Zone; and WHEREAS, the Board of Directors of the Tax Increment Reinvestment Zone Number One functions in an advisory or study capacity with respect to the Zone and shall exercise only those powers, advisory in nature, which are either granted to the board pursuant to the Act or delegated to the Board by the City Council; and, WHEREAS,the property and affairs of the Zone shall be managed and controlled by the City Council of the City of Southlake, Texas, subject to the restrictions imposed by law,the ordinance creating the Zone, and the Bylaws; and, WHEREAS, the Tax Increment Reinvestment Zone Board of Directors adopted these Bylaws on January 13, 2000 and, .WHEREAS, under Resolution No. 00-18, the City Council officially approves the Bylaws of the Tax Increment Reinvestment Zone Board of Directors; now THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS, THAT: SECTION 1. That all matters stated in the preamble of this resolution are true and correct and are hereby incorporated into the body of this resolution as if copied in their entirety. SECTION 2. That the City of Southlake hereby approves the Bylaws of the Board of Directors of Tax Increment Reinvestment Zone Number One, City of Southlake, Texas. Resolution No.00-18 Page 2 SECTION 3. That the City of Southlake authorizes and directs that this action be made part of the City's permanent records. SECTION 4. That this resolution shall be effective immediately upon passage by City Council. PASSED AND APPROVED ON THIS DAY OF , 2000. CITY OF SOUTHLAKE By: Mayor ATTEST: City Secretary APPROVED AS TO FORM: CITY ATTORNEY 5-C --�f City of Southlake, Texas • Bylaws of Tax Increment Reinvestment Zone • Number One, The City of Southlake, Texas Article I: Powers and Purpose Section 1: Financing Development or Redevelopment in the Zone. In order to implement the purposes for which Tax Increment Financing Reinvestment Zone Number One, City of Southlake, Texas (the"Zone")was formed, as set forth in Ordinance No. 682, dated, September 23, 1997 and 682-A, dated,December 2, 1997, creating the Zone,the City of Southlake,Texas (the"City")may issue obligations to finance all or part of the cost of implementing the"project plan" for the Zone as defined in the Tax Increment Financing Act of the Tax Code, Chapter 311,Vernon's Texas. Codes Annotated(the"Act"). Section 2: Books and Records,Approval of Programs and Financial Statements. The Board of Directors shall keep correct and complete books and records of accounts and shall also keep minutes of its proceedings and the proceedings of committees having any of the authority of the Board of Directors. All books and records of the Zone may be inspected by any director or his agent or attorney for any proper purpose at any reasonable time; and at all times the City Council, the City Auditor and the Finance Director of the City of Southlake,Texas,will have access to the books and records of the Zone. The City Council must approve all programs and expenditures for the Zone and annually review any financial statements of the Zone. Article II: Board of Directors Section 1: Powers,Number, and Term of Office. The property and affairs of the Zone shall be managed and controlled by the City Council of the City of Southlake, Texas ("City Council"), subject to the restrictions imposed by law,the ordinance creating the Zone,and these Bylaws. It is the intention of the City Council that the Board shall function only in an advisory or study capacity with respect to the Zone and shall exercise only those powers, advisory in nature,which are either granted to the Board pursuant to the Act or delegated to the Board by the City Council. As set forth in the ordinance creating the Zone,the Board shall consist of no less than seven(7) and no greater than twelve(12)members. The board of Directors of the Investment Zone shall be appointed as follows: eight(8)members appointed by the City Council,with one of those positions being named by Carroll Independent School District (CISD); each of the taxing units participating in the Zone: Tarrant County(County), Tarrant County Hospital District(Hospital),Tarrant County College (TCC), and CISD shall each appoint one member to the Board;provided however, that if a taxing unit (other than the City)waives its right to appoint a member to the Board, as evidenced by E-S TIRZ Board By-laws Page 2 written resolution duly adopted by the governing body of such taxing unit,the City Council may appoint a Board member in its stead. Each member shall serve for a term of two years, as stipulated in the Act, or until the member's successor is duly appointed and qualified. Subsequent directors shall be appointed by the governing bodies of the City, CISD, County,Hospital, and TCC and shall serve two year terms until their successors are appointed by the respective governing bodies. Any Director appointed by the City may be removed from office by the City Council in accordance with the City Charter and applicable ordinances. In the event of a vacancy caused by the resignation, death, or removal for any reason, of a Director,the governing body of the respective taxing unit which made such Board appointment shall be responsible for filling the vacancy. Section 2: Meetings of Directors The Board of Directors shall hold their meetings within a public building in the city, so as to allow the community to attend such meetings. The Board shall determine an appropriate meeting schedule. Section 3: Regular Meetings The Board shall hold regular meetings at such times and places as shall be designated, from time to time,by resolution of the Board. Notice of all regular and special meetings of the Board and any committees thereof shall be posted in accordance with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. There shall be at least one Regular Meeting held each year during the fourth quarter of the calendar year. Section 4: Special or Emergency Meetings Special or Emergency Meetings of the Board of Directors shall be held whenever called by the chairman,by the secretary,by a majority of the directors then in office or upon advice of or request by the City Council. The secretary shall give notice to each director of each Special Meeting in person, or by mail, courier,facsimile,telephone, or e-mail, in accordance with Chapter 551 of the Texas Government Code. Notice of all Special Meetings shall state the purpose,which shall be the only business conducted. Section 5: Quorum -- A majority of the directors holding current appointments shall constitute a quorum for the consideration of matters pertaining to the purposes of the Zone. The act of a majority, in other words a quorum, at a meeting shall constitute the act of the Board of Directors, unless law requires the act of a greater number. . TIRZ Board By-laws Page 3 Section 6: Conduct of Business At the meetings of the Board of Directors,matters pertaining to the purposes of the Zone shall be considered in such order as from time to time the Board may determine. At all meetings of the Board,the Chairman shall preside and in the absence of the Chairman, the Vice-Chairman shall exercise the power of the Chairman. If both Chairman and Vice Chairman are absent,those present shall elect someone to serve as Chairman. The Secretary of the Board shall act as secretary of all meetings of the Board,but in the absence of the Secretary,the presiding officer may appoint any person to act as Secretary of the meeting. City staff shall provide notice of meetings and prepare meeting agendas. Within 30 days following each meeting of the Board,the secretary shall submit a copy of the minutes of the meeting to the City Secretary of the City of Southlake. Section 7: Compensation of Directors . Directors as such shall not receive any salary or compensation for their services,whether as an officer or just a member, except that they shall be reimbursed for their actual expenses incurred in the performance of their duties hereunder. Section 8: Attendance Board Members shall make every effort to attend all Regular and Special Meetings of the Board and/or committees. The City Council may replace any City appointee of the Board,or request replacement of an appointee from other taxing jurisdictions for non- attendance. Article III: Officers Section 1: Titles and Terms.of Office The officers of the Zone shall consist of a Chairman, a Vice-Chairman, a Secretary and such other officers as the Board of Directors may from time to time elect or appoint; provided,however,that the City Council shall, on an annual basis, appoint the Chairman in accordance with the Act. Terms of office for officers, other than the Chairman, shall be one year. . All officers, other than the Chairman, shall be subject to removal from office,with or • without cause, at any time by a vote of a majority of the entire Board. A vacancy in the office of any officer, other than the Chairman, shall be filled by a vote of a majority of the Directors. TIRZ Board . By-laws Page 4 Section 2: Powers and Duties of the Chairman The Chairman shall be the Chief Executive Officer of the Board of Directors and, subject to the approval of the City Council, shall be in general charge of the properties and affairs of the Zone and shall preside at all meetings of the Board of Directors. Section 3: Powers and Duties of the Vice-Chairman The Vice-Chairman shall be a member of the Board of Directors, shall have such powers and duties as may be assigned to him by the Board of Directors and shall exercise those powers and duties. The Vice-Chairman shall also exercise the powers of Chairman during that officer's absence or inability to act. Any action taken by the Vice-Chairman in the performance.of the duties of the Chairman shall be conclusive evidence of the absence or inability to act of the Chairman at the time such action was taken. Section 4: Powers and Duties of the Secretary The Secretary shall keep the minutes of all meetings of the Board in books provided for the purpose, shall have charge of such books, records, documents and instruments as the Board may direct, all of which shall at all reasonable time be open to inspection, and shall in general perform all duties incident to the office of the Secretary subject to the control of the City Council and the Board. Section 5: Staff Additional staff functions for the Board shall be performed'by the City Manager and city staff as designated by the City Manager. Article IV: Provisions Regarding Bylaws Section 1: Effective Date These Bylaws shall become effective upon adoption by the Board and approval by the City Council. Section 2: Amendments to the Bylaws - These Bylaws may be amended by majority vote of the Board of Directors,provided that the Board of Directors files with the City Council a written application requesting that the City Council approve such amendment to the Bylaws, specifying in such application the amendment or amendments proposed to be made, and an explanation for this amendment. If the City Council,by appropriate resolution, finds and determines that it is advisable TIRZ Board By-laws Page 5 that the proposed amendment be made, authorizes the same to be made and approves the form of the proposed amendment,the Board of Directors shall proceed to amend the Bylaws. After consultation with the Board of Directors, the City Council may adopt an. amendment to the Bylaws by resolution and delivering'a copy of the amendment to the secretary of the Board of Directors. Section 3: Interpretation of the Bylaws These Bylaws and all the terms and provisions hereof shall be liberally,construed to the purposes set forth herein. If any word,phrase, clause, sentence,paragraph, section or other part of these Bylaws, or the application thereof to any person or circumstance, shall ever be held invalid or unconstitutional by any court of competent jurisdiction,the remainder of these Bylaws and the application of such word,phrase, clause, sentence, paragraph, section or other part of these Bylaws to any other person or circumstance shall not be affected thereby. Article V: General Provisions Section 1: Notice and Waiver of Notice ' Whenever any notice whatsoever required to be given under the provision of these Bylaws, said notice shall be deemed to be sufficient if given by depositing the same in a post office box in a sealed postpaid wrapper addressed to the person entitled hereto at their post office address, as it appears on the books of the Zone, and such notice shall be deemed to have been given on the day of such mailing: Attendance of a director at a meeting shall constitute a waiver of notice of such meeting, except where a director attends a meeting for the express purposes of objecting to the transaction of any business on the grounds that the meeting is not lawfully called or convened. A waiver of notice in writing signed by the person or persons entitled to said notice,whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. Section 2: Resignations Any director or officer may resign at any time. Such resignation shall be made in writing and shall take effect at the time specified therein, or, if no time was specified, at the time of its receipt by the city Council. The acceptance of a resignation shall not be necessary to make it effective,unless expressly so provided in the resignation. Section 3: Approval or Delegation of Power by the City Council To the extent that these Bylaws refer to any approval by the City, such approval of delegation shall be evidenced by a certified copy of an ordinance, or resolution, duly adopted by the City Council. TIRZ Board By-laws Page 6 • PASSES AND APPROVED ON THIS DAY OF , 2000. TIRZ Board Chairperson PASSED AND APPROVED ON THIS DAY OF 2000. CITY OF SOUTHLAKE By: Mayor ATTEST: City Secretary APPROVED AS TO FORM: CITY ATTORNEY • MINUTES 0 . TIRZ Board of Directors Meeting 44P _ Thursday,January 3 1 ,2000 Meeting Minutes Members Present: Gary Fawks, Chairperson, Rick Stacy,Debra Edmondson, Ronnie Kendall,Rex Potter, Wayne Moffat,Patsy DuPre, Ted Gillum, Larry Darlage, Drenda Witt, Jane Sanford Members Absent: Susan Logan Staff Present: Finance Director Sharen Elam, Public Works Director Ron Harper, City Attorney Deborah Drayovitch,.Assistant to the City Manager, Shelli Siemer, Senior Civil*Engineer Shawn Poe, Tarrant County Economic Development Coordinator Lisa McMillan Agenda Item No. 1- Call to Order. Chairperson Gary Fawks called the meeting to order at 6:34 p.m. Agenda Item No. 2-Consideration:Approval of Minutes from the August 10, 1999 meeting. Ronnie Kendall made a motion to approve the minutes of the August 10, 1999 TIRZ Board meeting. Ted Gillum seconded the motion. The motion passed 8-0,with Wayne Moffat, Debra Edmondson, and Rex Potter abstaining. Agenda Item No. 3-Consideration:Appointment of Vice Chairperson. The board needs to appoint a Vice Chairperson for the TIRZ board. Ted Gillum made a motion to appoint Patsy DuPre as the Vice Chairperson. Drenda Witt seconded the motion. No other nominations were received. The motion was unanimously approved. Agenda Item No. 4- Consideration:Adoption of By-laws for the Tax Increment Reinvestment Zone Board of Directors Chairperson Gary Fawks explained the TIRZ Board is asked to consider the adoption of by-laws. Shelli Siemer explained the TIF by-laws were developed to act as guidelines for the board. The attorneys have reviewed the by-laws and they are consistent with the statute and with the ordinances adopted by the City Council. .They are also similar to. other area TIRZ Board by-laws, which we reviewed from Grapevine, Colleyville and North Richland Hills. Some of the highlights in the by-laws include a section on regular meetings, which includes a minimum meeting of once per year identifying December as the month to meet. The TIRZ Board can meet more frequently throughout the year, but December was chosen to allow for the presentation of the annual report. • **Unofficial minutes not approved by the Board** TIF Board. Meeting Minutes 1/13/00 Page 2 Some questions and/or amendments to the by-laws are as follows: • Debra Edmondson asked a question about Section 2 referring to the meetings of the TIRZ Board. The by-laws currently state the"Board of Directors may hold their meetings within a public building" and it should be changed to the board "shall" hold meetings in a public building. • Patsy DuPre asked about changing the name of Tarrant County Junior College to Tarrant County College. Patsy-also asked about the terms of the board members as two years. Shelli explained the two year terms are consistent with the requirements of the state statute and the revised ordinance. • Rex Potter asked about Section 3 referring to the regular meeting held in December because the City Council tries to limit the number of meetings in December. Maybe January is more appropriate to hold the meeting. The annual report is due 90 days at the end of the fiscal year, which would be December. Rick Stacy suggested defining the meeting as being held in the 4th quarter of the calendar year to allow for the annual report to be presented at the end of the year, but not tying the board down to a specific month. • Rex Potter asked about the definition of a quorum for the TIRZ Board and wondered if just the City Council on the TIRZ Board is included in the quorum. The quorum is defined as a majority of board of directors currently holding a position on the board. Out of the twelve members on the board the quorum is seven. Gary Fawks explained that the TIRZ Board is advisory in nature and is not given the authority to spend money in the TIRZ, because that is approved by the City Council. • Rex Potter asked about Section 1, Article III that defines the appointment of officers and why the board appoints all the officers except the chairperson. Gary Fawks explained that the state statute requires the City Council to appoint the chairperson, and the TIRZ Board is given the authority to appoint the other officers. Rex also asked about the removal of officers. Deborah Drayovitch explained that the board does not have the power to_remove the chairperson,but they do have the power to remove the other officers. Rick Stacy made the motion to approve the by-laws as amended. Debra Edmondson seconded the motion. The amended by-laws were approved unanimously. Agenda Item No. S-Discussion:Presentation of Annual Report. Finance Director Sharen Elam presented the annual report to the TIRZ Board. The annual report is based on the fiscal year ending September 30, 1999. The first page of the report provides an overview as of September 30, 1999 showing the amount of cash within the TIF and the liabilities of the TIF fund. The first column is the titled "special revenue" which is the operating fund of the TIF. The debt service fund is the fund that pays for the debt issued, and the capital projects , - **Unofficial minutes not approved by the Board**. TIF Board. Meeting Minutes 1/13/00 Page 3 fund pays for the construction of the facilities within the TIF boundaries. The account group for general long-term debt is for the liability of the debt we issued, which is for the 3.6 in June of 1999. The second page of the annual report is a recap of all the revenue received for the TIF up to September 30, 1999. Property taxes received for fiscal year 1999 was $91 thousand. The following pages three through five include notes to the financial statement to provide an overview of the TIF. Note one is a summary of the significant accounting policies, and note two is a recap of the cash and the debt in the TIF. Note three shows the debt.and liabilities as of September 30, 1999. Rick Stacy clarified that we have issued $3.6 million and have $2.2 million in the fund. Page five shows the debt service payments over the next five years for the $3.6 million. Note four shows the appraised value for that fiscal year. Tax year 1998 taxable value and 1997 base year of the TIF, and the captured appraised value is what we can actually use for the TIF. Keep in mind during this fiscal year,the school district was participating at zero percent and we did not receive any revenue for this year. Rick Stacy asked whether we know what the taxable value is for 1999. The last report showed a captured appraised value at approximately $30 million. Gary Fawks explained that the projected appraised values included in the August 10, 1999 adopted project and financing plan were inflated to include the maximum potential values to allow the CISD to keep the funds in the TIF. They would lose the funds if the captured appraised values were higher than defined in the plan. " This essentially allowed the CISD to participate in the TIF. Looking at the actual values are better guides to follow when the city issues the debt. The original 1997 plan shows the projected captured appraised values to be $31 million for 1999, and we are real close to that projection. We don't yet know what additional development will be on the ground for 1999. There will be some additional values captured in this calendar year. Ron Harper explained there were some improvements completed after January, 1999 including the Room Store, Noodle Kidoodle, and the finish out of some of the second floor offices. Rick Stacy asked about the next phase in Town Square and whether it will be completed this calendar year. Ron Harper said the building north of Town Hall and block 10 adjacent to the post office should be completed this calendar year. Gary Fawks stated that because of the year lag of when funds are appraised versus when they are actually received it looks like we are a little bit behind schedule. Ron Harper stated that there are 2-3 buildings in phase one that are included in the approved site plan and will go back to P&Z because they are making some modifications to the building layout. Rick Stacy asked about the hotel and whether it will be this year. Ron Harper did not know the schedule for the hotel. Sharen Elam stated that the annual report will be submitted, but she wanted to board to see the report. Drenda Witt suggested that the name of the Tarrant County College be changed in the report. Agenda Item No. 6:Adjourn. ---/3 **Unofficial minutes not approved by the Board** TIF Board. Meeting Minutes 1/13/00 Page 4 Gary Fawks asked when the board would like to meet again and what they would like to discuss. Rex Potter suggested that the payment schedule and amortization schedule be prepared. Sharen Elam stated that by the developer's agreement, we are obligated to make payments to Stebbins one we receive funds in excess of our debt service, which we don't currently have. Gary Fawks stated that it is better to wait until we get a better understanding of the TIF funds and until we actually have excess funds beyond the debt service. Sharen Elam reported that the amortization schedule is something the City Council will approve. It does not go to the TIRZ Board for approval. , Sharen reported that the next level of debt will be either $11.6 or $11.9 million within the next three months. The funding is needed by mid to late March. Rick Stacy explained that the next phase of Town Square construction needs to begin soon, and it should be fast tracked through the consideration steps. Ted Gillum.reported that the school district has issued two sets of bonds. • The school district issued bonds to pledge their tax rate and use TIF funds to reduce the debt service. The meeting was adjourned at 7:00 p.m. Submitted by: Shelli Siemer, City of Southlake Approved: • Gary Fawks, Chairperson — I I <.ity VI i UUIUA4ItG, LCAi MEMORANDUM February 11, 2000 TO: Billy Campbell, City Manager FROM: Shelli Siemer, Assistant to the City Manager SUBJECT: Resolution No. 00-19, Appointing Karen Lyman to the Drug Wand Alcohol Awareness Committee to fill an unexpired term. • Action Requested: City Council appointment of Karen Lyman to the Drug and Alcohol Awareness Committee to fill an unexpired term. • Background • Information: Resolution 98-68, creating the Joint Drug and Alcohol Awareness Committee with the Carroll Independent School District and City Council, was approved. on October 6, 1998 by the City Council. Resolution 98-68-A, appointing the members to the committee, was approved on March 2, 1999. The committee consists of eleven voting members, which includes representatives from the City Council, CISD Board of.Trustees, citizens, Chamber of Commerce members, and a representative from the Mayor's.Advisory Committee. The City Council officially names these members to the committee through a resolution, but the organizations represented appoint the members to the committee. For example, the CISD Board of Trustees appoints two board members and two citizens at-large to serve on the committee. The Chamber of Commerce appoints two members to serve on the Drug and Alcohol Awareness Committee, and the Mayor's Advisory Committee appoints one member to serve. The City Council appoints two City Council members and , two citizens at-large to serve on the committee. The vacant position includes the positions held by former CISD citizen at- large member Roxanne Matela-Berenbeim. The CISD recommendS replacing the vacancy with Karen Lyman, who was working with Roxanne as a parent network sub-committee member. Her'appointment will provide for a smooth transition. Financial • Considerations: Not Applicable. • Billy Campbell, City Manager , Febrruary 11, 2000 Page 2 Citizen Input/ • Board Review: Karen Lyman has been attending the committee meetings, and her appointment is submitted from the CISD to fill their vacant position as a member of the.Drug and Alcohol Awareness Committee. Legal Review: Not Applicable. Alternatives: Not Applicable. Supporting • Documents: Resolution 00-19. Resolution 98-68. Resolution 98-68-A Staff Recommendation: Please place this item on the February 15, 2000 City Council Agenda. • • City of Southlake, Texas RESOLUTION NO. 00-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING KAREN LYMAN TO THE DRUG AND ALCOHOL AWARENESS COMMITTEE TO FILL AN UNEXPIRED TERM;PROVIDING AN EFFECTIVE DATE. WHEREAS,the City Council of the City of Southlake, Texas, established a Joint Drug and Alcohol Awareness Committee, to assist in the recommendation and implementation of programs, initiatives and action plans which will serve to focus on the goal of reducing drug and alcohol abuse by the youth of Southlake; and, WHEREAS, the citizens of Southlake are confronted with the societal issue of drug and alcohol abuse among the youth of our community and desire to undertake a mutual effort to address this situation; and WHEREAS, under Resolution 98-68, the City Council established the joint Drug and Alcohol Awareness Committee on October 6, 1998. The membership on the committee included the following: two members of City Council, appointed by City Council; two citizens at-large, appointed by City Council; two CISD Board members appointed by the CISD Board; two citizens at-large, appointed by the CISD Board; two Chamber of Commerce members, appointed by the Chamber of Commerce; and, one member from the Mayor's Advisory Committee, appointed by the Mayor's Advisory Committee; and, WHEREAS, The City Council officially name these members to the committee through a resolution, with the recommendation of the organizations represented on the Drug and Alcohol Awareness Committee; now THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1: That the position of one committee member has been vacated and the following person is hereby appointed to serve through the vacated term on the Drug and Alcohol Awareness Committee: Karen Lyman, CISD Citizen At-large Appointee Term expires: 5/2001 Section 2: This resolution shall become effective after its passage and adoption by the City Council. Resolution No. 00-19 Page 2 EXECUTED this day of 2000. , CITY OF SOUTHLAKE By: Mayor ATTEST: City Secretary �-� LI I City of Southlake,Texas • RESOLUTION NO.98-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF • SOUTHLAKE.TEXAS. CREATING A JOINT DRUG AND ALCOHOL .AWARENESS COMIMIITTEE WITH THE CARROLL INDEPENDENT SCHOOL DISTRICT BOARD OF TRUSTEES; APPOINTING CITY COUNCIL REPRESENTATIVES; ESTABLISHING QUALIFICATIONS; PROVIDING FOR DUTIES • AND RESPONSIBILITIES OF THE COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. • WHEREAS, the City Council of the City of Southlake,Texas, deems it advisable and necessary to establish a Joint Drug and Alcohol Awareness Committee, to assist in the recommendation and implementation of programs, initiatives and action plans which will serve to focus on the .goal of reducing drug and alcohol abuse by the youth of Southlake;and, • WHEREAS, the citizens of Southlake are confronted with the societal issue of drug and alcohol abuse among the youth of our community and desire to undertake a mutual effort to address this situation; and . • WHEREAS, the City Council, C.I.S.D. Board of Trustees, and the initial Joint - Drug& Alcohol Awareness Committee have identified that problems of drug and alcohol abuse exist in Southlake as in other communities, and that there is a need for better and more effective drug and alcohol abuse prevention; and WHEREAS, the best potential for developing new.and effective initiatives to combat this growing problem is to partner youth, parents, the schools and city officials, and other civic leaders working together; and WHEREAS, the entire community of Southlake will benefit from these initiatives;now: • THEREFORE, BE' IT RESOLVED BY THE CITY COUNCIL.OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1: Creation of Joint Drug and Alcohol Awareness Committee. A committee shall be formed of members of the City,.CISD and the community to recommend initiatives' =_ and/or programs and to the City of Southlake and the CISD which will serve to reduce drug and alcohol abuse, and participate in the implementation of such programs. The . committee shall be composed of the following members who will participate as voting •--- - - -•- members: Resolution No.98-68 Page 2 (a) Two members of the City Council, appointed by the City Council; • (b) Two members of the School Board,appointed by the School Board; • (c) Two members of the community .at large, appointed by the City_• Council; (d) Two members of the community at large,appointed by the,C.I.S.D. Board of Trustees; (e) One member of the Mayor's Advisory Committee, appointed by the Committee; . (f) Two members from the Southlake Chamber of Commerce, appointed by the Chamber. • The Joint Drug and Alcohol Awareness Committee shall also consist of sub-committees to ensure full representation from the community. Each sub-committee will have voting member representation from the Committee to ensure the direction of each sub- committee is fully represented to the voting members. Members appointed to the sub- committees.should include,but not be limited to the following individuals: (a) •Three (3) members appointed by the C.LS.D. Board of Trustees from each of the following schools: Carroll High School, Carroll Junior High School, Carroll Middle School, Carroll Intermediate School, and Durham Intermediate School to be drawn from the administration, coaching staff, teachers, nursing staff and • counselors; (b) PTSO representation from. the .four schools mentioned above, appointed by the C.LS.D.Board of Trustees; (c) DARE Officers, appointed by the City Council; • (d) School Resource Officers, appointed by the City Council; (e) A minimum of twelve--(12) youth"representatives ranging from students7`h to -12111 grades who are residents of the,. City of Southlake and/or attend the Carroll schools, with six (6) appointed -•----. • . -. • .-.- - • by the City Council, and six(6) appointed by the C.I.S:D. Board.of -- - • - Trustees. Members from the Southlake Youth Action Commission, the Youth Park Board, and various school related organizations should be invited to participate; • Resolution No.98-68 • Page 3 (f) Heath care professionals including doctors and/or nurses specializing in the field of addition (ie: addictionologist, psychiatrist, etc.), appointed by the City Council; (g) Representatives from social services agencies, churches, and other community groups and organizations, appointed by the City Council. • Section 2: The City Council hereby appoints the following City Council members to the Joint Drug and Alcohol Awareness Committee: 1. Councilmember Debra Edmondson 2. Councilmember Gary Fawks • • • Section 3: Qualifications and Terms: The Committee members shall be appointed by the City Council and C.I.S.D. Board of Trustees for two (2) year terms,:provided six (6) members shall be appointed each odd-numbered year and five (5) members be appointed each even-numbered year. Members shall serve until their successors are appointed. Places on the Committee shall be numbered one(1) through eleven(11). The City Council and C.I.S.D. Board of Trustees shall appoint sub-committee members to participate in the effort of the Joint Drug and Alcohol Awareness Committee. Such sub-committee members shall serve for a one year term from the date of appointment; such sub-committee members shall not be voting members of the Committee. • Section 4: Ex-officio members: The City Council may appoint persons to serve as ex- officio members of the committee. Such members shall serve for a one year term from the date of appointment and shall not be entitled to vote. Individuals appointed as ex • - officio members may include the following: (a) One Licensed Chemical Dependency Counselor(LCDC); (b) One professional from the Juvenile Justice System; (c) ': One professional from the Drug Prevention Program; =_ (d) One member of the Federal Drug Enforcement Agency. • Resolution No.98-68 Page 4 -- Section 5: Committee Meetings and By-Laws. The Committee will consist of two co- ( 1 - chairpersons including one City Council member and one C.I.S.D. Board of Trustees member. The committee shall also select from the members a secretary. Each officer shall serve for one-year terms or until their successors are elected. The Committee shall adopt by-laws to govern the holding of its meetings, which, at a minimum, shall encompass the following: (a) Regular meetings shall be held on a specified day of each month. (b) Manner of holding and calling of special meetings. • (c) A quorum will be comprised of the majority of all voting members present at the meeting. This majority will be such a number as is • competent to transact the. business of the committee with a minimum of four voting members present. (d) Members not planning to attend a regular 'meeting or special meeting shall notify one of the co-chairpersons of the committee by 12:00 o'clock noon of the meeting day. • (e) Any member with unexcused absences from two (2) consecutive regular meetings or not exhibiting interest in the work of the Committee shall be reported to the City. Council and C.I.S.D. Board of Trustees, which may, at their discretion, remove the • Committee member and appoint a replacement. (f) Minutes of each Committee meeting shall be filed with the City Secretary, Section 6:• Committee Duties and Responsibilities. The duties and responsibilities of the Joint Drug and Alcohol Awareness Committee shall be to: (a) Participate in the development,, implementation and recommendation of programs, initiatives, and/or action plans which will serve to focus on the goal of reducing drug and alcohol abuse by the youth of Southlake, (b) Involve the community in the effort to reduce youth drug and • alcohol use, (c) Research and-apply.for grant funds to-support-the -Corninittee`s--- `- - -— .. efforts. 7 S • 5 Resolution No.98-63 Page 5 • Section 7: Approval of the City Council and/or C.I.SD. Board of Trustees, or their - respective designees upon proper authorization,is required prior to the implementation of Committee recommendations for action. Section 8: This resolution shall become effective after its passage and adoption by the City Council. • EXECUTED this 6th day of October, 1998. CITY OF SOUTHLAKE cxeezc;? \� 111OUIP By: .S�, Mayor ! T ATTEST? `h.«».•:ON" • /441144A City Secretary • City of Southlake,Texas • RESOLUTION NO. 98-68-A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING RESOLUTION 98-68 • CREATING THE JOINT DRUG AND ALCOHOL AWARENESS COMMITTEE TO CLARIFY THE TERMS OF OFFICE AND AMENDING THE APPOINTMENTS FOR SUBCOMMITTEE MEMBERS. WHEREAS, the City Council of the City of Southlake,Texas,deems it advisable and necessary to establish a Joint Drug and Alcohol Awareness Committee, to assist in the recommendation and implementation of programs, initiatives and action plans which will serve to focus on the goal of reducing drug and alcohol abuse by the youth of • Southlake;and, WHEREAS, the citizens of Southlake are confronted with the societal issue of drug and alcohol abuse among the youth of our community and desire to undertake a mutual effort to address this situation; and WHEREAS, the City Council, C.I.S.D. Board of Trustees, and the initial Joint ' Drug & Alcohol Awareness Committee have identified that problems of drug and alcohol abuse exist in Southlake as in other communities, and that there is a need for better and more effective drug and alcohol abuse prevention; and - • WHEREAS, the best potential for developing new and effective initiatives to • combat this growing problem is,to partner youth, parents, the schools and city officials, and other civic leaders working together;and WHEREAS, the entire community of Southlake will benefit from these initiatives; now: THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS,THAT: Section 1: Creation of Joint Drug and Alcohol Awareness Committee. A committee shall be formed of members of the City, CISD and the community to recommend initiatives and/or programs and to the City of Southlake and the CISD which will serve to reduce drug and alcohol abuse, and participate in the implementation of such programs. The committee shall be composed of the following members who will participate as voting members: - • • Resolution No.98-68-A Page 2 (a) Two members of the City Council, appointed by the City Council; (b) • Two members of the School Board,appointed by the School Board; (c) Two members of the community at large, appointed by the City Council; (d) Two members of the community at large, appointed by the C.I.S.D. • Board of Trustees; (e) One member of the Mayor's Advisory Committee, appointed by the Committee; • (f) Two members from the Southlake Chamber of Commerce, appointed by the Chamber. The Joint Drug and Alcohol Awareness Committee shall also consist of sub-committees to ensure full representation from the community. Each sub-committee will have voting member representation from the Committee to ensure the direction of each sub- committee is fully represented to the voting members. The Joint Drug and Alcohol Awareness Committee may appoint members to the sub-committees to include, but not be limited to the following individuals: (a) 'Three (3) members from each of the following schools: Carroll High School, Carroll Junior High School, Carroll Middle School, Carroll Intermediate School, and Durham Intermediate School to • be drawn from the administration,coaching staff, teachers, nursing staff and counselors; (b) PTSO representation from the four schools mentioned above; (c) DARE Officers; • (d) School Resource Officers; (e) Members from the Southlake Youth Action Commission, the Youth Park Board, various school related organizations, and any other youth representatives should be invited to participate; (f) Heath care professionals including doctors . and/or nurses specializing in the field of addition (ie: addictionologist, psychiatrist, etc.); • • Resolution No.98-68-A Page 3 • (g) Representatives from social services agencies, churches, and other community groups and organizations. Section 2: The City Council hereby appoints the following City Council members to the Joint Drug and Alcohol Awareness Committee: • 1. Councilmember Debut Edmondson • 2. Councilmember Gary Fawks • Section 3: Qualifications and Terms: The Committee members shall be appointed by the City Council and C.I.S.D. Board of Trustees for two (2) year terms, provided six (6) members shall be appointed each odd-numbered year and five(5) members be appointed each even-numbered year. Members shall serve until their successors are appointed. Places on the Committee shall be numbered one(1)through eleven(11). 1. Councilmember, Debra Edmondson two year term-,expires 5/2001 2. Councilmember, Gary Fawks one year term-expires 5/2000 3. CISD Board Member, Doug Strickland two year term-expires 5/2001 4. CISD Board Member, Howard Addison one year term-expires 5/2000 5. Citizen at-large, appointed by City Council, Jacky Brooks Lawrence two year term-expires 5/2001 Citizen at-large, appointed by City Council, Brad Bartholomew one year term- expires 5/2000 6. Citizen at=large, appointed by CISD, R.oxane Matela-Berenbeim two year term-expires 5/2001 7. Citizen at-large, appointed by CISD, Margaret Melton • one year term-expires 5/2000 8. Member of Southlake Chamber of Commerce,• Bob Hamilton two year term-expires 5/2001 • Resolution No. 98-68-A Page 4 9. Member of Southlake Chamber of Commerce, Joey Milner one year term-expires 5/2000 10. Member of Mayor's Advisory Committee, Vacant two year term-expires 5/2001 The Joint Drug and Alcohol Awareness Committee shall appoint sub-committee members to participate in the effort of the Committee. Such sub-committee members shall serve for a one year term from the date of appointment; such sub-committee members shall not be voting members of the Committee. • Section 4: Ex-officio members: The Joint Drug and Alcohol Awareness Committee may - appoint persons to serve as ex-officio members of the committee. Such members shall serve for a one year term from the date of appointment and shall not be entitled to vote. Individuals appointed as ex-officio members may include the following: (a) One Licensed Chemical Dependency Counselor(LCDC); (b) One professional from the Juvenile Justice System; (c) One professional from the Drug Prevention Program; (d) One member of the Federal Drug Enforcement Agency. Section 5: Committee Meetings and By-Laws. The Committee will consist of two co- chairpersons including one City Council member and one C.I.S.D. Board of Trustees member. The committee shall also select from the members a secretary. Each officer shall serve for one-year terms or until their successors are elected. The Committee shall adopt by-laws to govern the holding of its meetings, which, at a minimum, shall encompass the following: (a) Regular meetings shall be held on a specified day of each month. • (b) Manner of holding and calling of special meetings. (c) A quorum will be comprised of the majority of all voting members present at the meeting. 5.f - 13 • • - Resolution No.98-68-A Page 5 (d) Members not planning to attend a regular meeting or special meeting shall notify one of the co-chairpersons of the committee by 12;00 o'clock noon of the meeting day. (e) Any member with unexcused absences from two (2) consecutive regular meetings or not exhibiting interest in the work of the Committee shall be reported to the City Council and C.I.S.D. • Board of Trustees, which may, at their discretion, remove the Committee member and appoint a replacement. (f) Minutes of each Committee meeting shall be filed with the City Secretary. • Section 6: Committee Duties and Responsibilities. The duties and responsibilities of the Joint Drug and Alcohol Awareness Committee shall be to: (a) Participate in the development, implementation and recommendation of programs, initiatives, and/or action plans which will serve to focus on the goal of reducing drug and alcohol abuse by the youth of Southlake, (b) Involve the community in the effort to reduce youth drug and alcohol use, (c) Research and apply for grant funds-to support the Committee's efforts. Section 7: Approval of the City Council and/or. C.I.S.D. Board of Trustees, or their respective designees upon proper authorization, is required prior to the implementation of Committee recommendations for action. Section 8: This resolution shall become effective after its passage and adoption by the City Council. EXECUTED this1 day of March, 1999. •• CITY OF SOY FT•HLAKE B y' Mayor ATT ST; tj otuwnm/,i, /“1414440 soury n ��NNgh`� City Secretary f l :� : -1__ m _ \ 'a'r ''r'' //lll*11I11111�t,,`\\\ r/ •4: . City of Southlake, Texas • MEMORANDUM February 11, 2000 TO: Billy Campbell, City Manager FROM: Dennis Killough, Senior Planner CASE NO: ZA 98-051 SUBJECT: Variance to the Subdivision Ordinance No. 483, Section 4.01(I)2 (Plat Expiration), as amended, Extending the Validity of Case No. ZA 98-051,Final Plat—Harrell Place Addition On June 18, 1998 the Planning and Zoning Commission approved the above referenced plat. This plat has not yet been filed in the County Plat Records and expired on June 18, 1999. The consultant for the project, Edward Childress of LandCon Inc., acting on behalf of the owner, Wayne K. Lee, has requested that the validity of this plat be extended 30 days from the date of City Council's action upon this request. Because this plat has expired, a variance to Section 4.01(I)2 of Subdivision Ordinance No. 483, as amended, (shown below) will be required if the extension is to be granted. "2. All other plats: A Final Plat, Plat Revision, Amended Plat or a Plat Showing which has not been recorded in the County Plat Records within one year of the date of approval shall expire. " A letter from LandCon Inc. along with a location map (tract map) and a reduced copy of the plat is attached for your convenience. Please place this item on the next Council agenda for their consideration. • DKK • att: Letter requesting variance Location Map Reduction of the plat \\SLKSV4001\Local\Community Development\WP-FILES\MEMO\98CASES\98-051PE.doc e .t di z' Li w .4 a <y wry s ad aF :Y.1 "s el "d.:r:N Engineering Planning Surveying January 18, 2000 Dennis Killough Community Development City of Southlake 1721 E. Southlake Boulevard Southlake,.Texas. 76092 RE: Harrell Place Za-98-051 Dear Mr. Killough The City Council approved the Final Plat for Lots 1-6, Harrell Place in June 1998. Since that time, the developer and the city staff have been working with adjoining landowners for an acceptable drainage solution to serve the proposed development. In July 1999, the city staff accepted the final plans for the installation of drainage improvements and prepared the Developer's Agreement for acceptance by the Council. On November 29, 1999, the mayor executed the Agreement. Enclosed is a copy of the signature page of the Agreement. At this time, the one-year period to record the Final Plat has expired. Due to the circumstances with design and location of the required storm drain improvements,we respectfully request an extension of the Final Plat approval. The extension will be for a 30 day period from the date of Council approval of the request. This will enable us to submit the executed Final Plat to your office for acceptance and recording in the County Plat Records. We appreciate your assistance with this project. Sincerely LandCon Inc. / dward . Childress, PE Vice President /eac G:\96-proj\96110\letter\killough-1 Enclosure 2501 Parkview Dr., Suite 610 P.O. Box 100247 [1EGLIA 17 3 - 35 a Fort Worth,Texas 76102 Fort Worth,TX 76185 FAX: (817)335-5067 email: Ici1@landcon.com r. 1 • j 1 1 air I• • I I I I CRAP8UC SCALE: I IN a 50 R 1PaStaX100‘113 a1 m m 1 ' b'011 a•'" • • MA 3001.N a•AW Id �00, 0107 • -HARRELL DRIVE(VOL- 10957,PG.1767 DRT.C.T.) . Ar,.1101 9 -- w GYNARON 7R. !�/_ 'C�,=Or 11 a1a• -- a mortar• mat 107020• 101T a mma0•• lun a maPGC• lun 1 armor[ IKiC J,-/1J01•r ig Ir MEW. 1Y M.OR. _---1 10 M.OII. 1 d 1 r' E11m W 1 0 2r rm Itt 1 ar acl Al rl e :I1 ,T -1- _T' g c Ie A 'T�` � �!'1 b'- 711_ I 4BB • N 1 ....•LL - r In N • • ' a1a our A 9 r�T�/y1 N ovoo'st•w r M.20 1s9.97' v-0 1 - i� • 3 lib ., �i'� 5 ai 1 6 d i s '°':-'mm 3 \` ,R aw1 LL a .L J y,]af J. 1 y)y J, I, •� o \\\`\1 yy,.L : 5 M.1Y•111.q 1 IAU.T. m � POINT OF ,I ` ,d 1alu•N1 n u u r '� r..1 BEGINNING Iax*LS e G ��,.'� 1 i $y �\O i'4 VV r�<r 4 • m?" -- _- �L n1r G au.' 11.1r 1r OM mA 702 _ SUt Y 1.11\ _ 1a11r '' marr_-~.-SIT•�OC �,. ga N 00'02'25'Y9' N 00'OI'66'E 3' N 00'01'37'w 3' N OP00'S1'E N 0000'18•w • 529.16' wiry- 1` -- .I 60.16' 99.91' 100.01' # 171.BS' \ \ \ \ W1I IO1 LOT T W 2 ICI, .AI•1M 0901 Dna.I.WIC Sans D an, •10Aa-pan. yyypppt L..d • ML 1W III.!a a PAW. R•IRr 10 0001 St MC JOmn• I••Iaal INC NIaOI 0 anal N as •a.11311.N 10 1.Iml.I III -1..1aq N.a . A%Nt W M ala.I70.P.a•ATV. 2••-IN P.a•ATLT.S.Ja-IN•.a.AILS. tar?. GLTGL OAT1L OC.TGL ISW. `\ 1 1 \ \ • • I I 11170.N•.•1•0 new r b ra.l•I••a•••101 r r oar r r 00.11001.••••-on.r In r•••a IDI 1-4.am 1.11011.MN I0010 Ja a-Lamy rr-Il..Ouq,, y�..••101 I•+ rF 00 babe Tam-••r•-r r NY 1••••-•.a1•000,- 1t \ d r M-•.••1 r r rr.ow••�-.'_ r Yar.•IIa1L r 0 \ \ ii 3•••110••••M1,w o-w r...ri or..1.•0 oar-c.rl `; \ �r I•.11-•-rr-I.vr A�r d Ira a Om1m Y r-•-I la APPRO.=BY E PLINPUIC �1 w N.?II•ti 0 r 10 r normal..•.r...on 10 r r cow manna MD LOC. �c • TMco1O ma.. LOCATION YAP FINAL PLAT r..r•1 r Jr••••01ar art•I.0Oa I• 1r r tl..11a►M _ 217.OAT..r•M•r•••r 4.I.mill I.•Iw w I•10 r 0•1-• maI 1414-61-.-.r J1 10(Dory 10 011)a 0....0^�•^ 11�1r -.nam 1•a6 1M-•••.••a•••••-a a-la •••••r 010 r-01- ar r-ro••.1 r1,-•-1•.11101 rrr .• a1 W.1.023 r. " , _ LOTS 1-6, BLOCK 1, t7Cy •I-'r•.'001 b.ate=••ml--'•,101•170.' -OA.TL1-•r Ir•.10•.--•-r r R a-- A r PflOPERTY OMR�r-�- a-��I•-�-- I HARRELL PLACE cn Y-r r r Fr r•--••Y.•-•.1 Y r 1•-M1p I•rr-1 al a IOIi Ur m rem m rare m•••-IrA•••I r r M-- ti ti~r w M r•�•-•w Y r•r1•orb-•ti r•-r••-•• R an ea.. �' wct 1.Ir••w.-JI awr a•arr 10 1.1 r-w M r u a. I BEING 5.8436 ACRES OF LNO IN THE wiC•00•a-groin.r r-••I�r•1.II•M•2-.1111.••a•t •1.a•r I••••Y n•�r'r , 00 r T.•.1003 T.-2ua Ir r•1•a-•r r.1•r--; 2rPP�r.. I �^� J.C.ALIEN SURVEY.ABSTRACT NUMBER 1B POOL NM CO0 m rr I.r-r r••r am r r I•-.1 .I•r 10•-r,erne-ens•,,,, ` q P / TARPINf COUNTY.TEXAS '� r a--•rr•Y rr rear l Yarn 7a•.•a•. {Y!-/ • , 112.�.•OATLLr•••••Irr Plea Y••~•m1• 01 r YM•••1mIM. • TM PO® Y 1010 AD OM KW M M ' 11/.1,pi iLiq eiai.w�-•I r•. r..- w•i.�1'r�r�� •v+a1W n�mNG Ufl aTT 010 r_ PREPARED MPIL 17.1998 ' 01 •Ra O•q i1aa.W.MT a2 me ��] •IOit IY1 CO•--m•-r•21-r••10.are r r 1•r•05 r 0 OOKDES NOIIAID(R USED FOR MSS OF SWARM •r10 r1.rm 01 I®e1101m r 110 r DS.lI Y 0,•••I.OW•1 r r••1•.�M r M0•o aa1L 1•a1C 401♦rats MOOR y•r-1 "�''' Pon O>.1J1Jm r r.1/.••••a r.r-cl.- • BASIS OF 6LN10a2 IS N[ in Nat.1'B 001 SIM PLAT FILED .1998 d.mIT1•1 a0rr•000 aalA •Do•R--m•-•r 01•rr a�-r.t+•r s•r r r r 1. LAST DIVE OF THE Mil YAM MOW IRACT(TRACT NO.a) 00100 I. 010 a92IIm R Tf. rr • In a•••• m Nam..ar 12t .r0®RECORDED 2r I a. ICCORDINC 10 111E 0 RECORDED I1%UWE 7179,P•lL n..DA.T.0.7. Im COJ•A OPm•m a•a11•00 0 m• .rla CABINET SLIDE I •AS.ir.1um1 Fr t •o i I- Iw 1•-.r DEi ING'NORTH. women Noun= TARRANT COUNTY PLAT RECORDS 110.10.110 a•0-01•rr.1.sn••10 are r r 0 rlr sr I W 00 In r-•A 101 r Y a 3/4-An r04.00 ...r .....r Ate amp row r r r 7..1�ata•4n artl1a r a •VT........1 r 0004 r n.•-.r Lama w•10.01744.00.1 a 0a•Rle a ra•1 u.r•.•r-s r W ar m 1-1 Dr 0[ 11t mnm•v 110 arnnn , TOQ A•r-!' al•IN1r 01 or-f�.roe de oar-W 11a-C UO y 10rm R V 0 0 Rat Dom M1 1100 r Y a 1/Y r,•1-1 0 Par a"'r O1i•"'R I CO HEREBY CEERIEY THAT THIS 0/' ORNERASSIAOVDeMP •«s•.rm m..w11 -..l rwrrr ►�DJ•a'•••a•TStIntD1m'"" PUT IS TRUE AND CORRECT AS a}:�1 pie ooFYPROVEa1E5 LandCon, Inc. Ir•- .t.,17.1°,r r V.1vrt v...V.7' SURVEYED ON THE GROUND. SLID Y.Eartlluu 0.w. A• T=Planners a.1r r r-r a-.•.•care 1I.L w r led. •. DEOM711.12.111- 7m01 �I FEL Om�•-MYr1L 2wmv�� BY: ; •��•{` femm-um maw* rut aw/s.o DATE: ....vs®.R•1•.re...1 - City of Southlake, Texas • MEMORANDUM February 11, 2000 TO: Billy Campbell, City Manager FROM: Shawn Poe, Senior Civil Engineer SUBJECT: Authorize the Mayor to enter into a professional services agreement with Belcheff& Associates, Inc. for the engineering and design of sanitary sewer improvements to serve Cedar Oaks Estates Action Requested: Staff requests Council to authorize the Mayor to enter into a professional services agreement with Belcheff& Associates, Inc. for the engineering and design of sanitary sewer to serve Cedar Oaks Estates. Background Information: Cedar Oaks Estates is scheduled, as part of the City's Neighborhood Sewer Program, for sanitary sewer. The project has been budgeted in the CIP. A portion of the sanitary sewer to serve Cedar Oaks Estates was constructed by the developer of the Sleepy Hollow development in 1998 (see attached project map). Financial Considerations: The amount of this engineering and surveying proposal totals $26,291 (see attached proposal). The City budgeted $34,500 in the CIP for the engineering and surveying for this project. The estimated cost to engineer, survey, and construct this project is$430,560. Citizen Input/ Board Review: , The City surveyed the residents of Cedar Oaks Estates to determine if a consensus existed in the subdivision to support the construction of the sanitary sewer. Of the 29 notices mailed, 14 were completed and returned. Of the 14 completed surveys, 8 residents support the installation of sanitary sewer. In addition, residents were asked to estimate the timeframe (following construction of the sewer line) they anticipated to connect onto the sewer line. This information is shown in the "Comments" column on the attached survey report. If the column is blank, it indicates that the resident agrees to connect to the sewer within 6 months following construction of the sewer line. Legal Review: Not applicable 5H- 1 City of Southlake, Texas s Alternatives: Staff recommends proceeding with the design of this project since at least 50% of the residents that completed the surveys support the project. Supporting Documents: Project map Proposal from Belcheff& Associates. Inc. Survey results from Cedar Oaks Estates residents Staff Recommendation: Staff recommends Council authorize the Mayor to enter into a professional services agreement with Belcheff & Associates, Inc. for the engineering and design of sanitary sewer to serve Cedar Oaks Estates in the amount $26,291. Please place this item on the February 15, 2000 Regular City Council Agenda for approval. <g3P SEP/sep • 5H-2 . . . . . . . .. . . . .. . . Cedar. . . . .. . . .. . . .. . . .. . . .. . . .. . . . . . . . .. . . .. . . ._ .. Oaks. . . . .. . . .Est s =Sa_n i :: Sewer . . . . . . . . . . . . .. . . _ : . . . . . .. . . . _ . . . . __ .. • . .. . .. .. _ . . _. __ _ . . . . . . . . . . . . . . .._ ._ . . . . . • . . .. .. . . . . .. . . •. _. . . . . _ ._ _ __ . . . . . . . .. . . . . . • . . . . . . . .. .. . . . . .. . .._ _ __ ,_ __ : __ ._ :_ . :_ _. _ _-_• __ _ .. . . __ .. __ __ . __ _ .• . __ __ ._ ___. ..._ __ _ _ __LLL._11- LL._• ::,. _. . .. _ . .. _ . . . .. .. . . . . . . . .. . : . .. . .. . .. . . . . . _. .. . .. . .. . . . . :. . . . . . . . . . . . . . . - CRJ 1NLN . . . . . . ... . . . __ _ __ _ . . ._ • _ . _ -__ 0-0\... -. _.:_ -.. „ -.. _ < . .. Q_1 ..- . - :- MOCKIVGRI-C I[i- - t J - - - -- us.stil- -- - -- 01.-;,? . .-...- - - -- - • ... _ . . . .. _ . . . .. . .. . . . . . . .. . . .. . . .. . . . .. . . . .. ..- ..- _ _ . _ _ _ _ I. - - _ __ .„0-- _ __ __ __ __ __ __ _vp.,-,__ _ _ _ _ _ _ _ . .. . . 1 1 . - -- - . . . . . . ' l l .. - - ..} _ - _ . . .o n1 ANT THIN DR cc propgsed Sewer: _� . - ESQ �AS1P Existing:N-:i Sewer �. ti. - __ C - .- E - - - Proposed°Sewer -- -- . °� OSS.: . . .. . . . - .. .. .. .. ..a .. . .. . .. . .... ... . .. . . . . . .. . . .. . .. . . .. . .. . .. . . . . . . . .. - - • .. . _ ... ._ .... ._ . .. ._ . .. . . .. .. . . . .... . . . . .. _ . .. . .. .. . .. . .. . .. . .. . . .. . . .. . . .. . . . . . . . . . . . ... .... . . .. . .. .... .... .. „ . . .. . . .. ... _ .. . .. . . .. . .. . .. . .. . . . . .. . . . . . .. . . . . .. . • . . . .. . .. . .. No Scale- _. .. ._ .- .. sigillor L .. . . n11•�. - -' -- - _-- - 001 BROOK LN - - - -- - `Y THE STATE OF TEXAS § COUNTY OF TARRANT § ENGINEERING SERVICES CONTRACT Cedar Oaks Neighborhood Sewer Improvements Project Name City of Southlake Project No. 100105.1 BAI Project No. THIS CONTRACT, by and between the CITY OF SOUT IILAK_E;._a Municipal corporation located in Tarrant County, Texas, hereinafter called "City", and BELCHEFF & ASSOCIATES, INC., a corporation authorized to do business in the State of Texas, hereinafter called "Engineer", evidences the following: WHEREAS, City desires the professional engineering services of Engineer for design of • Phase IV Neighborhood Sewer Program: Cedar Oaks Estates 8" Sanitary Sewer extension as shown in attached`Figure 11" in the City of Southlake and County of Tarrant, Texas hereinafter called "Project"; and WHEREAS, Engineer represents that it is qualified and capable of performing the professional engineering services proposed herein for this Project and is willing to enter into this Contract with City to perform said services; NOW, THEREFORE, the parties in consideration of the terms and conditions contained herein agreed as follows: - • 1. EMPLOYMENT OF THE ENGINEER Engineer agrees to perform professional services in connection with the Project as set forth in the following sections of this Contract, and City agrees to pay, and Engineer agrees to accept fees as set forth in the following sections as full and final compensation for all services provided under this Contract. - 2. CONTRACT ADMINISTRATION This Contract shall be administered on behalf of the City by the Director of Public Works or his designated representatives (hereinafter called "Director"), and on behalf of the Engineer by its duly authorized officials. COSSAgrmntl.doc Rev.07/29/96 Page 1 of 8 5H-4, 3. ENGINEER'S SERVICES The Engineer agrees to render services necessary for the development of the Project as outlined in attached Exhibit "A" -- "Scope of Work." 4. PAYMENT FOR SERVICES A. Payment for Basic Services under Article 3 will be considered Fixed Fee. Payment for Additional Services provided by the Engineer will be computed at Engineer's current hourly rates to determine the payment due for such services. Current hourly rates are as shown in Attachment"A". B. Payments shall also include Direct Non-Labor Expenses which, in general, include expenses for supplies, transportation, equipment, travel, communication, subsistence and lodging away from home, and similar incidentals. The Direct Non-Labor expenses shall be reimbursable at actual invoice cost plus 10%, except for living and travel expenses when away from the home office on business connected with the Project. All travel outside of the Dallas/Fort Worth Metropolitan Area to be made, which are reimbursable at actual invoice cost, by the Engineer in connection with the Project must first be approved in writing by the City's Engineer. C. Subcontractor cost shall be reimbursed at the actual invoice cost plus 10%. D. Engineer shall submit itemized monthly statements for Services, Direct Non-Labor Expenses, and for Subcontractors Costs incurred. City shall make payments in the amount shown by the Engineer's monthly statements and other documentation submitted, and no interest shall ever be due on late payments. E. Payments for expenses, costs, and services for Basic Services, described in Article 3, shall be $26,291. F. Payments for expenses, costs, and services for Direct Non-Labor Expenses, described in Article 3, shall not exceed $500. G. Payments for expenses, costs, and services, for Subcontractor cost, described in Article 3, shall not exceed N/A. H. Total payments for expenses, costs, and services, described in Article 3, shall not exceed $26,791. I. Nothing contained in this article shall require City to pay for any work which is unsatisfactory as reasonably determined by the Director or which is not submitted COSSAgrmnt1.docRev.07/29/96 Page 2 of 8 5H-5 in compliance with the terms of this Contract. City shall not be required to make any payments to the Engineer when the Engineer is in default under this Contract; nor shall this paragraph constitute a waiver of any right, at law or in equity, which City may have if the Engineer is in default, including the right to bring legal action for damages or for specific performance of this Contract. 5. OWNERSHIP OF DOCUMENTS All information and other data given to, prepared, or assembled by Engineer under this Contract, and other related items shall become the sole property of City and shall be delivered to City, without restriction on future use. Engineer may make copies of any and all documents and items for its files. A set of final blueline plans shall be filed with the City prior to final payment. Engineer shall have no liability for changes made to or use of the drawings, specifications, and other documents by anyone subsequent to the completion of the Project: City shall require that any such change or other use shall be sealed by the Engineer making that change or use and shall be approximately marked to reflect what was changed or modified. 6. SERVICES BY CITY City shall provide the following services under this Contract: A. Provide available criteria and information to the Engineer as City's requirements for the Project. B. Provide sample drawings, standard details and forms to use as guidelines. C. Provide all available City of Southlake drawings, maps, and notes relating to existing public facilities within the limits of the Project. 7. COMPLETION SCHEDULE The services furnished by the Engineer under this Contract will be completed in accordance with the following: Preliminary Plans submittal 45 calendar days Final Plans submittal 15 calendar days Bid Document submittal 10 calendar days Construction TBD For the purposes of this Contract, a month is defined as thirty (30) calendar days and a week as seven (7) calendar days. If any of the following submissions fall on a City non- working day, then the submission shall be due the following City working day. COSSAgrmntl.doc Rev.07/29/96 Page 3 of 8 5H-6, 8. NOTICE TO PROCEED City shall have complete control of the services to be rendered and no work shall be done under this Contract until the Engineer is instructed in writing to proceed. 9. TERMINATION OF CONTRACT City may indefinitely suspend further work hereunder or terminate this Contract or any phase of this Contract upon thirty (30) days prior written notice to the Engineer with the understanding that immediately upon the receipt of such notice all work and labor being performed under this Contract shall cease immediately. Before the end of the thirty (30) day period, Engineer shall invoice the City for all work accomplished by him prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of City upon_.- termination of the Contract and shall be promptly delivered to City in a reasonably organized form without restriction on future use except as stated in Article 5. Should City subsequently contract with a new consultant for continuation of services on the Project, Engineer shall cooperate in providing information. 10. RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by City shall not constitute nor be deemed a release of the responsibility and,. liability of the Engineer, its employees, associates, agents, and consultants for the accuracy and competency of their designs or other work; nor shall approval be deemed to be an assumption of such responsibility by City for any defect in the design or other work prepared by the Engineer, its employees, subcontractor, agents and consultants. 11. EQUAL EMPLOYMENT OPPORTUNITY A. The Engineer shall not discriminate against any employee or applicant for employment because of race, age, color, religion, sex, ancestry, national origin, or place of birth. The Engineer shall take affirmative action to insure that applicants are employed and that employees are treated during their employment without regard to their race, age, color, religion, sex, ancestry, national origin, or place of birth. B. If the Engineer fails to comply with the Federal Laws relating to Equal Employment Opportunity, it is agreed that the City at its option may do either or. both of the following: 1) Cancel, terminate, or suspend the contract in whole or in part; 2) Declare the Engineer ineligible for further City Contracts until he is determined to be in compliance. COSSAgrmntl.doc Rev.07/29/96 Page 4 of 8 5H-7 12. AMENDMENTS This Contract may be amended or supplemented in any particular only by written instrument and only as approved by resolution of City Council or the City Manager, except for termination under Section 9, Termination of Contract, which may be accomplished by the Director of Public Works or his designated representative as identified in Section 9, Termination of Contract. 13. COMPLIANCE WITH LAWS, CHARTERS, AND ORDINANCES, ETC. The Engineer, his consultants, agents and employees, and subcontractors shall comply with all applicable Federal and State Laws, the Charter and Ordinances of the City of Southlake, and with all applicable rules and regulations promulgated by all local, state,:and national boards, bureaus, and agencies existing and published:before date of-this agreement. 14. RIGHT OF REVIEW Engineer agrees that City may review any and all of the work performed by Engineer under this Contract. City if hereby granted the right to audit at City's election, all of the consultant's records and billings related to the performance of this contract. Engineer agrees to retain such records for a minimum of three (3)years following completion of this contract. 15. CONFLICT OF INTEREST No officer or employee shall have any financial interest, direct or indirect, in any contract with the City or be financially interested, directly, in the sale to the City of any land, materials, supplies, or services, except on behalf of the City as an officer or employee. Any violation of this section shall constitute malfeasance in office, and any officer or employee guilty thereof shall thereby forfeit his office or position with the City. . Any. . violation of this section with knowledge, expressed or implied, of the person`--or _- corporation contracting with the City shall render the Contract involved voidable by the City Manager or the City Council. 16. CONTRACT PERSONAL This Contract is for personal and professional services; and the Engineer shall not assign this Contract, in whole or in part, without the prior written consent of the City. 17. NOTICES All notices, communications, and reports required or permitted under this Contract shall be personally delivered or mailed to the respective parties by depositing the same in the COSSAgrmntl.doc Rev.07/29/96 Page 5 of 8 5H-8 United States Mail at the address shown below unless and until either party is otherwise notified in writing by the other party at the following addresses. Mailed notices shall be deemed communicated after five days. If intended for Southlake, to: If intended for Engineer, to: Ronald J. Harper, P.E. George Belcheff III, P.E. Contact Person Contact Person Director of Public Works Chief Engineer Title Title City of Southlake Belcheff& Associates, Inc. 667 N. Carroll Ave. Firm Name • Southlake, Texas 76092 (817-481-5581 1200 S. White Chapel, Ste. A • Address Southlake, Texas 76092 City, State,Zip Code (817)421-4891 Telephone No. - 18. INDEPENDENT CONTRACTOR In performing services under this Contract, Engineer is performing services of the type performed prior to this contract; and Engineer by the execution of this contract does not change the independent status of the Engineer. No term, or provision hereof, or act of Engineer in the performance of this Contract shall be construed as making Engineer the agent, servant, or employee of Southlake. 19. INDEMNITY Engineer agrees to defend, indemnify, and hold City whole and harmless against any and all claims for damages, costs, and expenses of persons or property that may arise out of, or be occasioned by, or from any negligent act, error or omission of Engineer, or any agent, servant, or employee of Engineer in the execution or performance of this Contract, without regard to whether such persons are under 'the direction of City agents or - employees. This provision shall not be deemed to apply to liability for damage that is caused by or results from the negligence of the City of Southlake or its employees or others agents. 20. INSURANCE COSSAgrmntl.doc Rev.07/29/96 - Page 6 of 8 5H-9 • • Engineer agrees to maintain workmen's compensation insurance to cover all of its own personnel engaged in performing services for client under this agreement. Engineer also agrees to maintain public liability insurance covering claims against Engineer for damages resulting from bodily injury, death or property damage from accidents arising in the course of services performed under this agreement.. 21. VENUE The obligations of the parties to this Contract are performable in Tarrant County, Texas; and if legal action is necessary to enforce it, exclusive venue shall lie in Tarrant County, Texas. 22. APPLICABLE LAWS This Contract is made 'subject to the provisions of the Southlake Code, other City Ordinances, Standards, Southlake Specifications for materials and construction, as amended, and all State and Federal Laws. 23. GOVERNING LAWS This contract shall be governed by and construed in accordance with the laws and decisions of the State of Texas. 24. LEGAL CONSTRUCTION In case any one_or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions thereof; and this Contract shall be considered as if such invalid, illegal or unenforceable provision had never been contained in this Contract. 25. PUBLISHED MATERIAL :. • Engineer agrees that the City shall review and approve any written material about City projects and/or activities prior to being published by the Engineer. 26. CAPTIONS The captions to the various clauses of this Contract are for informational purposes only and shall not alter any substance of the terms and conditions of this Contract. . 27. SUCCESSORS AND ASSIGNS This Contract shall be binding upon and insure to the benefit of the parties hereto and COSSAgrmntl.doc Rev.07/29/96 Page 7 of 8 5H-10 their respective heirs, executors, administrators, successors and, except as otherwise provided in this Contract, their assigns. 28. ENTIRE AGREEMENT This Contract (page 1 thru 8) embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties and relating to matters in this Contract, and except as otherwise provided herein, cannot be modified without written agreement of the parties to be attached to and made a part of this Contract. IN WITNESS WHEREOF, the parties hereby. have executed this agreement in triplicate originals on this date,the day of ,19 BELCHEFF&ASSOCIATES,INC. CITY OF SOUTHLAKE Signature City Manager r. Engineer Title Director of Public Works 1200 S. White Chapel, Ste. A Address Southlake, Texas 76092 City,State,Zip Code ATTEST • COSSAgrmntl.doc Rev.07/29/96 Page 8 of 8 5H-11, Exhibit "A" -- Scope of Work Cedar Oaks Neighborhood Sewer Improvements Southlake Proj. No. BAI Proj. No. 100105.1 Belcheff and Associates, Inc. shall perform for you the following described Basic Services: 1. Preliminary Phase- a. observe site for design constraints and special conditions b. meet with City representative to clarify design requirements and standards and to collect existing utility and ROW information c. perform topographic design survey of proposed sewerline installation area d. prepare survey base drawing e. identify ROW/Easements from existing records f. prepare preliminary construction plans for- i. Installation of 8" sewerline extension as shown on attached"Figure 11" a) Evaluate bored areas versus open cut installation areas g. prepare outline of bid document h. submit and review preliminary design drawings with City 2. Final Design Phase - a. Receive, confirm and incorporate reasonable review comments from City into final plans b. prepare final construction plans for- i. Installation of 8" sewerline extension as shown on attached`Figure 11" c. prepare or utilize city standard construction details d. finalize bid document e. submit and review final design drawings with City 3. Bid Documents- a. receive, confirm and incorporate reasonable review comments from City into bid documents b. provide City with conformed blueline drawings and bid document for City's use 4. Construction Phase- a. Issue and track Bid Documents to Bidders b. Provide Bid Tabulation with recommendation for award c. provide field clarification as required d. provide as-built record blueline drawings from contractor mark-ups for city files e. provide electronic *.dxf files for city use CdOksScp1SS.doc 01/13/00 9:38AM 1 of 1 5H-12 Attachment "B" BAI Rate Schedule as of January 1, 2000 Sr. Engineer $110.00 per hour Staff Engineer/Surveyor $79.00 per hour Design Technician $58.00 per hour CAD Technician $47.00 per hour Survey Crew(2 man) $120.00 per hour Clerical $32.00 per hour Reimbursable Expenses Cost+ 15% Out-of-town travel, submittal.or..client use reproductions, long _ distance_telephone and facsimile_transmission`s, couriers, and other direct costs Sub-Consultants Cost+ 10% Mileage(outside of city) $0.325/mi. S • 5H-13! • Hit { i til� '� ' SAS ` NF PHEASANT ..-------cw .q i • CP I 10 ' i `5EXISTING SHIVER OUTFACE P G0 AL4____,i , I �E1 T1 k i. E aI ; I o � ► � A m1 I • OAKIIANE L I NORTH I . 1\ V A� i II o _ a. > p . `. I K n — i v = GAKLANE � SOJ H 1 Is j . )ir r \ P t I 1 uu-, F ALL AEI S T I N G 8" I a,% I I -ri -Ni 1 L® 8 AKPIT , / ® EST A . - --i -0 . /N, A - IAl. 14 8 SLEEPT HOLLOW - I • . j 8" 8" 1 --,/ 8 -7/P f______ Ild I k , ., , ., , :1 I fi 8,- 7-----/ i 1-----------, \ . . I \...) 8" • . 1 EXISTING 8" N - .I EX I ST IN, SEWER OUTFAL — ' • 1 . . , I j 1\ s I S IS 1 ;\ � I I I 1 1"=400' (APPROX. 1 \ \\ O 4- FOREST LANs CITY OF SOUTHLAKE Phase IV Neighborhood 1 1 I Sewer Program ' FIGURE 11 \ "Or\ „ ' `. '\ —3- CEDAR OAKS ESTATES CI_1 1 A Cedar Oaks San Sewer Improvements Conceptual Cost Estimate ITEM ESTIM. COST PER EXTENDED NO. DESCRIPTION QUANT. UNITS UNIT TOTAL 1 Mobilization 1 LS $ 5,000.00 $ 5,000 2 8" SDR 35 PVC Sewer Main, 0-6 VF 600 LF $ 20.00 $ 12,000 3 8" SDR 35 PVC Sewer Main, 6-8 VF 1,000 LF $ 22.00 $ 22,000 4 8" SDR 35 PVC Sewer Main, 8-10 VF 1,000 LF $ 26.00 $ 26,000 5 8" SDR 35 PVC Sewer Main, 10-12 VF 600 LF $ 32.00 $ 19,200 6 4" PVC SS Service (Short) 17 Ea. $ 250.00 $ 4,250 7 4" PVC SS Service (Long) 10 Ea. $ 750.00 $ 7,500 8 4'Dia. Manhole (to 6' VF) 13 Ea. $ 1,800.00 $ 23,400 9 Extra 4'Dia. Manhole Depth 40 VF $ 150.00 $ 6,000 10 8" Bore 500 LF $ 150.00 $ 75,000 10 Watertight Manhole Insert 13 Ea. $ 60.00 $ 780 11 Concrete Encasement 150 LF $ 75.00 $ 1.1,250 12 Trench Safety System 3200 LF $ 1.15 $ 3,680 13 Stormwater Pollution Prevention 0.9 Ac. $ 2,000.00 $ 1,763 14 . Post Construction TV Inspection 3200 LF $ 1.15 $ 3,680 15 Vacuum Testing of Manholes 13 Ea. $ 125.00 $ 1,625 16 Misc. items 3.0% LS $ 6,694 $ 6,694 Subtotal Constr. $ 229,822 10.0% Contingency $22,982 Total Construction $ 252,804 8.00% Design Eng. $20,224 2.40% Design Surv. $6,067 Total Project Cost $279,096 Note: Estimated costs do not include easement acquisition COSSConcCstl.xls 1/26/2000 Page 1 5H-15 �.e€ymy.xi•/p�� 4'(y, _•{'$7W':Tp°.'...�. ....x�.n. /`R�^�y��E$�`�.`i5�'+El^,:'i'.'`tT'"i.,9a"'^xn�.,.M`^'�.'/�i��a /� �y �$ r..T. ■/�.pp, p��(.fQ ....,._._.._.,.J� ...Y_.swc ....«�,. . .. s.�.. ..a,w ✓.-..E t.xax ....L..<.�+Y_stir_ George R. Stewart 1525 Oak Ln. Yes Ronald & Janet Shuff 1605 Forest Vista Ct. Yes Ben & Mary Jo Wood 1475 Cedar Ct. No Keith & Joan Wiersum 1710 Sleepy Hollow Yes Larry G. Foreman 1755 Sleepy Hollow No Ronnal London 2000 Morgan No Ronnal London 2002 Morgan No Steven W. Kettering 1505 Oak Ln. Yes James & Flona Holbrook 1225 Morgan Yes Christopher D. Smith 1500 Oak Ln. Yes Robert Early 1705 Sleepy Hollow No Martin W. Dunbar 1475 Oak Ln. Yes Nace Salomone 1545 Oak Ln. No James & Sandy Lewis 2003 Morgan Yes 1-2 5H-16 City of Southlake, Texas MEMORANDUM February 11, 2000 TO: Billy Campbell, City Manager FROM: Shawn Poe, Senior Civil Engineer SUBJECT: Authorize the Mayor to execute an encroachment on easement agreement with TxU for sanitary sewer improvements along the north side of Dove Street from North Carroll Avenue to North White's Chapel Boulevard Action Requested: Staff requests Council authorize the Mayor to execute an encroachment on easement agreement with TxU for sanitary sewer improvements along the north side of Dove Street from North Carroll Avenue to North White's Chapel Boulevard. Background Information: The City constructed a 14-inch and 18-inch force main along the north side of Dove St. from Carroll Ave. to N. White's Chapel Blvd. within an existing TxU electrical easement. The City obtained approval from TxU to construct the force mains within the existing TxU easement prior to construction during the design of the force mains (1997). The City also was required to obtain approval from the underlying property owners to install the force main. The encroachment on easement agreement is standard TxU procedure for any improvement constructed within an existing electrical easement. Financial Considerations: None Citizen Input/ Board Review: None Legal Review: The City attorneys reviewed the encroachment on easement agreement and found it acceptable for execution. Alternatives: None Supporting Documents: Encroachment on Easement Agreement • 51- 1 City of Southlake, Texas Staff Recommendation: Staff recommends Council authorize the Mayor to execute an encroachment on easement agreement with TxU for sanitary sewer improvements along the north side of Dove Street from North Carroll Avenue to North White's Chapel Boulevard. Please place this item on the February 15, 2000 Regular City Council Agenda for approval. SEP/sep • 51-2 • ENCROACHMENT ON EASEMENT • Date: January 19, 2000 Re: Roanoke Sw. - Ball St. - Euless Sub. 138kv Trophy Club — Grapevine Jct. 138kv TD-56646 Structures 9/8 to 10/5 E-188349 thru E-188358; E-188384 & 3DR-4513 Mr. Shawn Poe, P. E. City of Southlake 1721 East Southlake Blvd. — Suite 100 • Southlake, Texas 76092 Dear Mr. Poe: The City of Southlake (hereinafter referred to as User) has requested permission to place sanitary sewer facilities within the area or boundaries of TXU Electric Company's (TXU Electric), successor to Texas Utilities Electric Company and Texas Power & Light Company, easements by Assignments and Conveyance recorded in Volume 10062, Page 2147, Deed Records of Tarrant County, Texas. TXU Electric is agreeable to the sanitary sewer facilities, hereinafter referred to as the "encroaching facility", if the encroaching facility is located and described as shown on the attached drawing, marked Exhibit "A" and incorporated herein, and subject to the following terms and conditions: 1. It is understood and agreed that TXU Electric holds easement rights on the property involved; therefore, User will be required to obtain whatever rights and permission, other than TXU Electric's, that are necessary. This letter agreement shall extend to and be binding upon User and its heirs, successors, and assigns, and is not to • be interpreted as a waiver of any rights held by TXU Electric under its easement. 2. User shall defend, indemnify and hold harmless TXU Electric, its employees and agents from and against any and all claims, expenses, (including attorney fees), damages, losses and judgments whether for bodily,.;;injury or damage to,property whether or not arising from the sole or concurrent negligence or fault of TXU Electric or its employees, arising out of or incident to the presence, construction, operation and maintenance of the encroaching facility. ENCROACHMENT ON EASEMENT Page 51-3 3. Use of draglines or other boom-type equipment in connection with any work to be performed on the TXU Electric easement by User, its employees, agents, representatives or contractors must comply with Texas Statute (3TexCiv.St. 1436c), the National Electric Safety Code and any other applicable safety or clearance requirements. Notwithstanding anything to the contrary herein, in no event shall any equipment be within fifteen feet of the TXU Electric power lines situated on the aforesaid property. User must notify the Fort Worth Transmission Manager at 817/496-2736, 48 hours prior to the use of any boom-type equipment on the TXU Electric easement. 4. The encroaching facility does not currently interfere with TXU Electric's usage, but if in the future the encroaching facility, in the sole judgment of TXU Electric, does interfere with the use or enjoyment of its easement rights, TXU Electric shall have the right to remove said encroaching facility. TXU Electric shall notify User in writing • that within 90 days, the encroaching facility must be removed at User's sole cost: If at the end of the 90 day period the encroaching facility has not been removed, TXU Electric shall remove it at User's expense. TXU Electric will not be responsible nor will compensation be paid for damages incurred by such removal. However, in an emergency, TXU Electric shall have the right to immediately remove the encroaching facility. If the encroaching facility is removed, TXU Electric will not unreasonably withhold consent for User to relocate the encroaching facility within the easement. 5. It is expressly understood and agreed that if the property has transmission.or distribution facilities located thereon, User shall not place upon the premises, any improvements including but not limited to, buildings, light standards, fences, shrubs, trees or signs unless approved in writing by TXU Electric. 6. It is agreed that no trash dumpsters, toxic substances or flammable material will be allowed on the easement. 7. TXU Electric will not be responsible for any costs of construction, operation and maintenance of User's encroaching facility. It is further agreed that TXU Electric shall not be liable for any damage to the encroaching facility herein agreed to as a result of TXU Electric's use pursuant to its easement. Any TXU Electric property damaged or destroyed by User or its agents shall be repaired or replaced by TXU Electric at User's expense and payment is due upon User's receipt of an invoice from TXU Electric. 8. General construction limitations on encroachments are described and listed in Exhibit "B", attached hereto and by reference made a part hereof. ENCROACHMENT ON EASEMENT Page 2 51-4 9. It is understood and agreed that, in case of default by User or its agents in any of the terms and conditions herein stated and such default continues for a period of ten (10) days after TXU Electric notifies User of such default, TXU Electric may at its election forthwith terminate this agreement and upon such termination all of User's rights hereunder shall cease and come to an end. This agreement shall also terminate upon the abandonment of the encroaching facility. If the foregoing terms and conditions are acceptable to the City of Southlake, please have the original and a copy of this letter agreement signed and returned to me at P.O. Box 139083, Dallas, Texas 75313-9083,within 30 days for final approval by TXU Electric. This letter agreement shall be effective only after final approval by TXU Electric. Yours very truly, /(9/(A0(-C1C) J. R. Francisco Analyst, Sr. ACCEPTED: APPROVED: CITY OF NNW 500'41- c TXU ELECTRIC COMPANY By: • By: Title Title: Date Date ENCROACHMENT ON EASEMENT Page 3 51-5 STATE OF TEXAS 3 3 COUNTY OF 3 BEFORE ME, the undersigned authority, on this day personally , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of , as the thereof, and for the purposes and consideration therein expressed and in the capacity therein stated, and that he was authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , A.D. 20 Notary Public in and for the State of Texas STATE OF TEXAS 3 3 COUNTY OF 3 BEFORE ME, the undersigned authority, on this day personally , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of , as the thereof, and for the purposes and consideration therein expressed and in the capacity therein stated, and that he was authorized to do so. • GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , A.D. 20 Notary Public in and for the State of Texas 51-6 EXHIBIT "B" CONSTRUCTION LIMITATIONS ON TXU ELECTRIC COMPANY RIGHT-OF-WAY Blasting shall not be permitted on the right-of-way or under TXU-Electric lines. Grading will be done in order to leave the right-of-way in as near as possible to its present condition. Spoil dirt will be removed from the right-of-way and no trash is to be left on the right-of-way. Slopes shall be graded so that trucks can go down and right-of-way when required and such that slopes can be mechanically maintained. Grading alignments and elevations are based on drawings submitted to TXU Electric. Any change in alignment or elevation will be resubmitted for approval which will not unreasonably be withheld. Equipment shall not exceed 15 feet in height when operated under the electric lines. Draglines will not be used under the electric lines or on the right-of-way. No grading shall be done within 15 feet of any tower. Right-of-way will be protected from washing and erosion during User's construction and during periods of repair. No obstruction will be installed in the right-of-way that would interfere with access to TXU Electric structures or prevent mechanical maintenance of TXU Electric right- of-way. Equipment and materials will not be stored.on the right-of-way during construction , without the written approval of the Supervisor of Fort Worth Region Transmission. - Before any work is.done under TXU Electric lines or by TXU Electric structures, User shall notify the Supervisor of Fort Worth Region Transmission as noted in the Encroachment on Easement. 51-7 I . , ,8-19 • t {►O1tlP1 .1 4•k v1'62020 MATCH i LINEI -' STA/'.' 11'+001 I t ; ! ; 1 ;; I ' • •tl1S - 3N11 alAi! �" 1 ��" i 0)4 vF • F.k1i101L77 1 '/ 1 I ,$ -• 11 IFi~° a I i• #i z — i i F• ER rk v1 m26 I I /,j I .� zo +Y I 1 ,' ® : mi s I I STAQ•1e;,k..eoti .4g4. AS >3q $ `; o •/ k•k'H1e0.70 F;1C1C CPI fA • i; 1 ! ,v I I ; I '>' :iI •• • 1� s 09 • .s Yk 9116tL22 O O o i ' I IC:a cy D. 1n • - m - pi ��I , m1 I � � i (; . zo o • c • -f _ ' ' o I i 0 a y 1 I v k 101699.m _ I . , 1-1- 1•k Ion EOLm a , �/.. ISTAi 4k I. BdI( _ O fl ; '.'I••'• :.- A P k 41 60LOs • /f, ! : 1 ' • I : . Z m 87 1 I a,/ Al:! I I• I I I . + �, F I • �/ sta.0.99-t/O scat . ;I4.�/• • �/ , i I K - p 1•k 171 006.07 ' •Z//' I I l+- • I•k 1i/k0162 ' ' • a =•'1 1 qq 'D 411 yy 'I yaj 9 1. 1 it I _! ,1.• , I :.i1 vI- r k rot eotn I i . • - ••I ' , Z. ' 1 `,(y el ' . . •I 1 j I,U960o.6k . . : • CI 6I • I I I • i I''' ,•k 91600.ZD _2, . 11 . : 21LL63,RT , I : • u= 5 Tr4 i i y '6T 1f•Dff`-t7D- 1 1Ti( , i • Ai. i` ' suw•22I.Benieoit' yuRlt-.' f( ~ ' a'17 �; -' ?tLi.kORf i 1 00P•4 T '1 i a�s ; •k0')eue.7! I A' �•I . , V14f.{1kOT.k0{It61 s¢ ' - ,a p� : qr^ k ion ee6w il1 ' • P _f 8 Ik. �-c ----- ICI - C-9 lgn .,,-,. - '--'' gr4P,11 V TORSO wo DOWSED v 1 • - • �I. • 9CIORS FOR 14"APO v+IVC .$ �Z �R: - F�e , D - r ••� sf41Mat0 � ri. ..1', . k 971597.a6 NI . ElO mug case 7.wRs 7IF' .. r g - i di • cl -1i 1 =a — 'k 151 506.05 'I .,F M IT PI �� ., 6Y 8 ,,I • ( 1 • I "a1C 4TI a •i:1. gl 1 a k,6 696.61 MATCH LINE - STA. 23+00 z al $ MATCH LINE - STA. 23+00 k b N_ 1 N OI cn Of. Q'6 o O O O ro Q rYla JF a a.3 P.M.�.Id .IIT ,. 001.1. CITY OF SOUTHLAKE .21 "" ,,,,,,, SANITARY SEWERAGE IMPROVEMENTS won.. CHEATHAM & ASSOCIAT '•'•'• PROPOSED 14"AND 18'SEWAGE FORCE MAINS ow L.c.,Ebibm CONSULTING ENGINEERS-SURVEYORS-PLAN toot L LAMB 131,11. 8111T1 200 °`°. ... UNE A PLAN AND PROFILEAR NGTON,ILLS 76011 I STA.11+00 TO STA 23+00 q.s2-..1 (017)040-909e 9u18o(e17)205-e , r.,nsgsr MATCH !LINE'- STA. 23+00' ' i 6—I5 MATCH LINE — STA. 23+00 . ; . 2P11 aii71., ,..-,:tP.Ti____,..e.i;gi.,..! ._.___..7...__ ::::: I @ j i 1Oi �I g j IgII: AI: °� - �I „- g p puu_b; •.ta'T S!]AI y s7667s plc CI r.I;I '11 $ }F�- ! I •, 1 ii eft.4 W ii.6Wan NO INCPSEO �- I A _r- ' SECTORS rOR fa•NO 1a•PVC yy - - : :r FORCE S7�=pis I) •.SI,snby !, 6tl bb�D9 F SECTORS pp it l.• hi' h ; • I x! -- D6OVEL ...9 S 6 `ah' RID(3[iCRP.ST—DRIVE-7- •.Insa7..1 ISTA:xa•WI r. t I ; ; . . I. I J i i .� 1. ]® • Z. i r i • I I�p.� TA3^1.f>1 .. • • i; z ' • 11 `.•• . tS • •••A` m ' g� . i - - i yl I II D III A<rlso.Ii i . . .....- , —gi t o,ig g E _ ".a : vm "yR L o p r.dlsoal I I \ I F' iI 83 ?. rk• BBa.7a TAx7.071 : • ; i or}m -- M• � 1 Ills 11 �A 0 ± 'n6ar \. I I I DN Q •—.— 4 Ci .S 8 I :I m0 $ 'ym • ii r.7y9 arlB9� r_. I 7p�' y Z 1 ; : . m ;BORE -\: ty2QW V.iOMD NO EIdAYD '. I _— r I DO xBORE • . I .\ ! gcn YlB 0141 µ•NO 0T PVC . 'i'3 I I `\\ Eid BORf67`wO rxAsi6 s¢e7ORs IZ \ Pi! .1.1 •-•-----•---------- I -\ O4 I11tt I' I•A 13959aSB ! • • : ' \•. . y: �9 I i g o ' I ' I I I ��\IIe 2"•8 iit 341 li! �•.r-1sn:C9 I \ a3Ti i 2S.' " y I�i QyAS•-• . , ' . ' I •sw]a.29-0O =�\ : . 16 • I z $1:P 1,;••- ,9 ;- 1" it. - 1 ! ' ;' "7. ' 777i; I pg a• Y i m ' .ST 21.41-BC9T o MIA 1•.s-isn:ad ilil1l • k 4S io Ikif.- -14 ,. A, A PyRFRT� ::::: Imo. c:;..�,. I I�� : su sz•w-DO BORE; I %I j I z.71 I I `y, l• i a i tr t %III I ; 1 1" g �_:_ I,1 I••7n 3I7.89 I I '..I.' I I 9$A , ;-�,- 1.t, gigs . •t : I 1 i i • ',•: ULT7C2ecam Nn DiGASED All \ II � P14 I•a 197 39e3a ,� SECTONS.FOR 14.NO 19•PVC g y a —_ YS T � FORCE-Wits 33 8 -'r I . i 9ti, i 0 C L ! STA a�7J BJ.aI p " I.41a•1 eWA8 P :ri' Et BCREO.NO ENCREED SECTORS •� £F• I Y ate[^[ �� \ 24 s r 1I1giE. swl 1 1 f §�Tc. 8 of g 1 1'.sr:592A2 .:j • yy�u `® 83 r. - 1 C i+3: a — P.sr:59axe• 4�i. 1y:R = I=i . • ! STA]B•Ie-BEM BORE t5 '- - j c 2_; 1 a. hs/Y <2 y srw ss.Je-Ear BORE ��a ��' .'.-F '1 ' r.,e-I sea.a _•i -P... o�" 1 MATCH STA. 3g c MATCH LINE - STA. 36+00 N eg gg LINE +00 mrD V. %m 1 EQ AFg Fi g---�-�JZ • ® T N cr. cn Cg 9; o 0 • o N0. F md a awcan as WPM WV.:ar,s L.a a aOT �.a* • m,.>s CITY OF SOUTHIAKE D,$woe a9Rn cm mama•Lamm p. o .xre. • SANITARY SEWERAGE IMPROVEMENTS 12. CHEATHAM & ASSOCIAT Lt war.•aa SU."MA IKT LT ca., cac n ram - .7 :, c7 w"91• ..••0`e 1,0 , "x.^• • a L3'L' PROPOSED 14•AND 18•SEWAGE FORCE MAINS CONSULTING ENGINEERS-SURVEYORS-PLAN ®wem a•anTu r9 a•r. _vac any. a,,.a• 1 4F 1801 L I2WR BLVD. BUTS E00 mom n ca."•c parr RT•LaonaT cac 1.,ZAT ocaw ARL NGTON.TUAE 78011 L L c LINE A PLAN AND PROFILE n o.TLc STA 23+00 TO STA.36+00 4-7L'a"1 (B17)54e-0890 NCERO(817)205-E . U 1--15 MATCH LINE,.Y,,,,4�, MATCH iL'INE;—'STA: 36+00 — STA, 36+00 • r'Y s�xl:os ! �\I 2 .T '.Its •, $gY • ra e-,s9a4r I F` I. b "� o'$$ — — -- - T{I w �I$�• • ' • .:`�I srQ nm-xcN 6a•g A.zo 2 11FEi I� - —•---•_ ..E. — �•Y le•,seta, i ! 2 A N ei ,' STA 17.49:tro CORE. 2 l' 1 e I n pp :yl r m $ c 'a A•1 392.60 • lit, LI I 0 0 O -.-• •Al O0 7� pe • • fl. $TA 76JL N 0 31 ;•F1k-.?I o I WI seals ; , i I BECK; L CoWEo wo nr.cE•, . • •ZI sOR 6L FOR 14•MO+C•PVC -J/I 1 : I ; ! stw}3e0 BO nil 1 (LMi` END PEO 44.10 iHGSED mood •I•a,i•i s9zA, • I ,I . , i . El it .1 l8gg rS g •a,9')59i69 .. • - \ I I • lictl w8G '�. 11 P •Y te'1592.99 STA 30•V2'-BECN DOA_= I 11!P F j tB f:ESE Ijt I g �A ` STw 4q•12•E,O BOQI = R appl - _—__—..—..— ii $ P It -- a oro 593.11 1 i i. I ':1 3 ' /5 d I- • 4 I -1 �' ) 1i3 n I.1,7n 513.f• i ' i �I, - aE1Ra,1'RCr Z �:i•it 4 49 I.1,0->5e3.24 .• 1II �mCI �- -- »— ST.L42.0ti-BEw-BORE I• - pp ,r • . I ' ' 24 LL00E 770 I:U13.'.i g `.oJ' $i �•I 0 k ��gq• �.) S A.u.m ENO BORE. D mo yi RY ra v,s93�3 .1 . . RI Pa ('1 Z : 3 to/$P I•Y,n5u.14 1 •Ij n + egg• 01 -i aQ . , 1{I STA 43•54.55 I gi• "i ' '. II '1 BEtN s0,Lr.eOBED w0 OCwaD 15 -' IItrtE" �A. _ SEc71016,rOE 61 wC IT PVC p 1•Y,9.1 SBa.'e , FORCE YAM SJ•6F66 ' I '' `` Nil y Q .. j i I i • ,, i E,o BO4Ed1w8 coews=n sECTgas N ;1 i i!1'.Ij I kNpl 1 1 , ; I I F1 .STwa3.771.OEM 110,£ 1 1•Y n9 se411 i • j^'1 1 i g:�; ,i• 1 I Ggg oat• i .. •STw 44.23 1•CO BORE, g'g q Z 1 i!' 1- P" n I•�,t7 sl3.22 • ' •L1i :: . 2R�lYl: 'I ?4''.n = IFl ggliS ? it t= -0z NI,89 595.75 V1 ;4 4P R I �' „m Fl STA.42.04:BECK WIRE ' . > g �� 00 ia1 } ..STA.42.25r ENB BORE! �Ap ,sln A rn-v NY 07514.27 I ' ' �`1 1 H1 _ I`S`�� I_J__—__—_.—__--gm_ f 1 �1 I •0.VIC70161 L7C ., 1'-t_—_-___—____-z0 _ /ps\ I• , I VICTORIA LANE I•a A•139Y.63 I i i . I{ \II• I i !T•}.46.02-BE41/DOREII i i�LI I I 1 I I /. Y �II• 01 1 I,11.1500.71, . . . I I �+ :5' ,:.,:�t6 " '3 �•Y �4 1•Y,e'7596.09 J �, • r 1 ! P D t2o9 Itl �I' I $�5 ao •I.1 H9597.0a I � �i \ 44 �eS' ill )I $0 lE V I L $� R �$8 •€1' •• .l' 3 T+ o R: 8 �E • I wa7.62-ED 001E ( � 4—Ill? _ ... M , STA 47.94.44. 1SI:i- , 1 - r Y 1•9'1597.2, I �•1 B[CaLiO-l.r.BORE1w6ENCA5(� y $p '' ' • i, =:I SECTIO Millsiv-MC' 9 PVC y g� ��il: C�� FORCE ILs •�` g 2p I STA 46.34.te 2 L 1•a Y9 sn.z' WI,,N•w...+. "^ir1,410 ENCASED SECMR5 • t5I I/\ y c 1 `� \i' . as cg &$§1d o e I.Y 01597.20 E•I l'R m 8 9 9 I _I rat, MATCH LINE - STA. 49+00 Pz ''1GY MATCH LINE - STA. 49+00 s yD -.-P 7 1,,,y ill^ Z L R Ln' N co en cnQ o n o 0 YI F //a'1:1"' " ••N '• CITY OF SOUTHLAKE (p `1..� 7.M.am .,. a9 .,jn. °"� �,,~„ SANITARY SEWERAGE IMPROVEMENTS CHEATHAM Sc ASSOCIAT �r'd��11.. ,..on n...L.al �,✓ Q'ma"m`u•'""'L'°n4.••«a Cc "•Li' ,.. ',•,'. PROPOSED 14"AND 18"SEWAGE FORCE MAINS oa or,�.. CONSULTING 2000SE�-SURVEYORS-PUN m_ W� l 1501 0.LANAI BLVD. SURE 200 .x� L L" LINE A PLAN AND PROFILE VAELJN OTOn.TEXAS 7CO11 STA.36+00 TO STA.49+00 1-z-E-.11 fell)646-oe9e NITRO(e17)BCC-a b 1M,5p7.x: MATCH !LINE;— STA. 49i•00i . 1i ____ _ ._ MATCH LINE — STA. 49+00 \ - • ' na ill 1' I i• �• " 1'I I.a950b... l- i I I i :.� I...<.. •I l)505.00 ; m �RI 'I, +: CV s; • A UT ��I ' i R • '` 1 k a�ses.m �i •,I .• :V R v _1 • , jot=I i : '1' bInsas .l . p — •II - •- - • b>h SeSH • , �r1 I. 187E .t t 11:1' ;'-' • g b 1e'I525.50 I �I I i ; I 1 . , 14c I + 3 E m : sY ei I • ; _ ggP 1• I,MgBP �—o � 5r i . • 1 . ' ' 1 ill • 1.1 1 ill ba-,x,.aI _� 1i . : , ! • , ii . ; I �-1 /s[tyt u'v.�eeam wo oaeutD : t; '� t, ,ACTION fell;IP AIO a`PYC I .lel : '' 1 r 5° ii__ .i 'b 11,542.09 . • �`1 �� O� • i I .I c) jI a. _ 'I,1050t I 'I O al'1 Wil 0 'b a9 5K•. . ••96— Gp dt 71 ' V m ` R A • y cTz 55 is.BORE, • -I ' , : i , nm If•::'::E°cr ® A . P,R•1 -,1 . i_ ed g—ov— 'b lln saoaa �I ' ' ov ,' I z� — j ��I my I r ._ my ill ,. r IA �1 M'71 I nN =VI I ' 1��, 1 m 'bag SWA• -•1 p�CLx` • ZO • Oh ZO Ii • I � p 1 ,b tb')50040 : STA.54m-ECM 00rt iiy1 I p •I I,RI _ .__ . : • ' )]x LE.BORE' I .. . r I 8" , 7 •• .__ / I • - ' STA 56.5x-DO I I , , - S 1 .P. !b wo sum, 1 . DORE i i 1 I I 117§; ?.i�� .,I' -i I . i i `. i i ZI I ! s1A\4a771eeln'eaEI = .• �1`'.o. _ (�jQBI�18DF Ib ttn 54:4e i • , , I r . •• , .lf.BalC,,d I R4/.,.i 1 ,1 li- `-tl41;1 .�m-iseao" ' . I "I I i I { $g Pq ii�i .I— i _ $$ ' 8 } '.— 'i = ggaP I ; IRS( �9 wni _-� '"~ •b rr,5a5.00 I gg j: a gg I 1q / .5 j� 19 I , ' ' I S Aeb•51-, 1 . ,"I ' 14j/i ,,. !�I, i , i I , ,. (11 ��"�+"�f•f1 'b a958SJ5 i Do ewe • -, &Pre brl�-eofdH-roo:11016Fo- NIr. I: ; I ' ' I . PI ' . . SECTOLS:Rai'14•No I rvq ; 00 '/: 1{II fala[u,A15? • I , 6 •I-r= I • I _ ' s7w:s5•iB'-;i . ( . 1 , _ ' ."I , ''''' . All : X !b sin sa,as I .'"'¢_'I . ; .gt=NO vecAsri scetws I / I: ; STA 50••• Z1• 1" I 1 I I E ..le.' I I 1 _' 1 / I I St • Q Z • • rrl 'b a9 5e4.70 . • ' .. ' /LiLi- • -" .• I — L_ _ N =� $i `.'•• OR777 CARROLL AVE! ppi�—ter' -a-,a' r -, 'b f950.71 A ��11 �' rw:..BS' _� /, .—.—.— UI o 1 xs L CORE /' �>m O / 5TA01.20 a DV BORE; - �jj,' 1.411A •b a�setoa �•/ .f F : MATCH :LINE!- STA. 61+50 v7 " gliT "A55 $� o ' 42 b ~u bb t .gz e FF. ° F.! 7 T Fm - D D p yR an 1 p N N U1 cr. �,Ffi $ 0 0 0 0 �' ammo e t.,..o.anal....r...l , ox •o.< .a CITY OF SOUTHLAKE 1 +mm u t.r.eon n... .,e,.,..00 vten, °;7m ,,,,,,1 SANITARY SEWERAGE IMPROVEMENTS CHEATHAM & ASSOCIAT1 ,com„I,...•o.n.arn mum ,-,o•,no. ,-d•Boos uc _ ''''• PROPOSED 14'AND 18'SEWAGE FORCE MAINS oc,1,w CONSULTING ENCISllB.!-SUlriSORe-RUM 1001 S.LAYAY BLVD. SU[R WO °"" LINE A PLAN AND PROFILE R+m� 1 ,wc'+� AS2NGrox,7ctu 70011 STA.49+00 TO STA.61+50 • °�-zL_�1 (ell)Bee OOee �o(e17)505 a , City of Southlake, Texas • STAFF REPORT February 11, 2000 CASE NO: ZA 00-005 PROJECT: Plat Vacation - West Beach Addition STAFF CONTACT: Dennis Killough Senior Planner 481-5581, ext. 787 REQUESTED ACTION: Plat Vacation - West Beach Addition, an addition to the City of Southlake, according to the plats recorded in Volume 395, Pages 585, 586, and 587, Deed Record Office, Denton County; Volume 2, Page 34 (converted to Cabinet A, Slide 14), Denton County Clerk's Office; and Volume 2, Page 30 (converted to Cabinet A, Slide 12), Denton County Clerk's Office. LOCATION: On the east side of North White Chapel Boulevard approximately 1200' south of East Bob Jones Road. OWNER/APPLICANT: City of Southlake CURRENT ZONING: "AG" Agricultural District LAND USE DESIGNATION: Public Parks/Open Space NO. NOTICES SENT: None Required P&Z ACTION: February 3, 2000; Approved (5-0) on consent. STAFF COMMENTS: A location map and copies of the referenced plats are attached. The purpose of this vacation is to eliminate the lots, easements and rights- of- way of this subdivision in order to proceed with platting of the City's Bob Jones Park. N:\Community Development\WP-FILES\MEMO\2000cases\00-005pv.doc 4. •I ti:,.% • �, I .t 13 I14 15 16Jl T•^r,'IB' 19 •20 21 22 2J 24 25 2622: 9 29 30 31 !2�'']1 ]a 35 38'S) i Je 39 40 a1 a2 aJ •• al I46 al •e •9 50 51 52• IS•_2...,•,.n _—— — __ — — —r- '--: .�I1 —— —, _ — — — — — ` — — _—_I_—— _ —_ L;(rl{j.:6 0 s[ u[c• 0 P I r 4 - -v - •.• •.. I • 1 r•�i---I _rI'n —i2• I•, - •—i y .` 'tT•�ly:.'1 52. I •I 1 I a31 S' �� I6:.I:S , 2- 'f �: ,t6 I •• �1 :.'Z •• •j: as• I 2 51 I . .21 2 21 • I 12 _ ] T?=:�::c;. I': • .2 I 42ME' 9 1 ��i ��a a = t�� I 11 11 4..1 1 . <9 a 1 man I • I a II 49 I I a 1, °9 'I}fi 5 • '�1 ; 'Ia�▪ �.11 •I .1; ap I I 1 ] II a0 15 11: a0 V_.•. e'1II4▪�r •II ..ae I 5 '11 J9 - • u �= o a �� • . I 8 I OT 6 ' 41 BLav•EP Yi 1�nl^'.1 aT I• I 6• hl ]0 �I a �I_ _' �I�_ r �= _ �� o ' OPIVE 1 241Ina �I 1®� T I a6 I i� ) -� a6 I f :}IY�.r..].G 11 a6 I ) .I I J: I: J > MN . e 1, • e 45 .•— =`1�14iie!!_ll-' a5 a 36 �� Int' 19 • 1� _ is I 9 -j •a I 9 as j-- I 27_ .'_I . {t:.9 yl 44 I - 9 l�11 '• ... •' Sell NM I 10 • 1 i. ...) I• I II ax I• a I 11 e3 I. ] (.1F'.�` ai I ii.ii ,,:- 6 �� . 12 :`1 I 1z :I' •' a •.= ..Y `�$• e.•v:' "°I „�• �, '® I I nz -n - ,r I ' = m 5 ..o 1> ,' 00 :I I 1J 1 a0 _ 4wPx RII:P:`.11-J%;J.r:..-.ao.._ • -. ..• I: ..1J'• - _ • __._. --• — - -• 14_-a____ _1].' I �-' 12 1� \.I• 10 '• !9 I' ]9 I 4.... • LI .15]9 > I•••16 •• . - • 1! V JB I 15 >0 I `.:r ]e II]' .I. .. - •I. '��. I� 1) ]fi • 1T ]6 l a JJJ .. „ -}�:ra.�'',. - - s.�:;:=• SURVEYED m 2z 1954. .. II P Sai%� - ] ] a+n14- I� - IB J5 I �)f: 16! 1> .I J Al E - �M ar( _. I' '.i�i•.::'r - *HATES AAA .ICE L .:';� , . -I, - - )o9r woPr x, rzza _ '�•,.. .. 'I y^I},^,•11:. 11 Tyr;"•, .tl a:,:.;:�..r�� I 19 ]a 19 3• I .. .. • •19�:i:•1...]a i' • _ 19 1i 32 +F��•,' ..,I • 30 rI ]] 20 33 PaxE +I20 II 33 I 20 ?r 31 > It •'% :.I t>TP EET ril 1 1 I • 21 I. 92 21 I. 32 • y—•..—• `�•r• 1. t !3 I 21 . ]0 _ o II{• ' n ~ I • A • •I' 22 I1 JI ]I .'I I 2 ] jy;a32, ]I 22 I 29 _ • O • - - ''�_�`l2FF ' 1 • I GC ... �1 .I I . Ip • z] >o I zJ Jo• I I-.• I �e.__I F^.2j•...i� .lo. .. Iz> •� ze ->91- - ... {Z,, .d. _• _.�._._._ • ..«I 1e. `I I I - 1 --I 25-z;I 2;• ___• il`:. I 2. 29 I' I 2a___ _29 ¢'� .•• Z •_ - rY�.. --- _i ':::. ` _— OC L•I 3. 2e .I 25 36 ••• - c r';d`-if •_N••- -. „ 25 2'26 '• �_t - "BLOCKS 8 THFiU 22 IN ! 26: 2T••26_ :r I I 26 I I6 2T I �aL_..I K T,' WEST • BEACH ADDITION •' L:I,rt l• J • • n6 ;. '1! .r OUT OF. THE M. MAHAFFA SURVEY o � 4, �,: -{— •• �%'� DENTON COUNT.Y,.• TEXAS • • • I / '• 22<t5 26 2) 2e] •29^ R!>-�, �.1•' `: 1i ., .I 1 • ! 9 10 12 Il 15j _' ! ..20:21 22: • �i^.i. -'.,,:�'!�:, l • C! t' r1:. •- .•Y ttar`,r;,i ,;,. FILED FOR RECORD: • S x f ' N AOCN a F. fir " - - .^ _,'. '. ::F Y 11954 ' KY ,,.xl r��S�, _• {'"` - APR 0 8 093 ' RL Lio WI is Y••fM ., Volume 395,pages 585,586,587 Deed Record Office,Denton County l f M. MAHATT I' SURVEY �l•,;,5�-1:'' ` .::_- :-:-�,' _ ___.. M • S2 l ▪:▪ 'I M'A'H A T T'Y '''• • - UR• VEY - e .2 y: 6 T' a 0 l0 II Is, O I l . 21 E2 23 Z. is 3 r ze 29 Io II 32' '� .. .. .r.... -.. - .......- $r n° ls' lei y, O •A S S DRIVE •-..__I- - ] . a • T - _ r_ _ _'i!_1a r _ 1e 19 - -21 T e1 z. Y2 e• so ze x9 Il- ]x c • * - I• 9 -T-` -.IIOFR I VE I'' Y ) . S 6 e • 9 la N COx 1l 1. 1, le Ir le 19 .0 21 22 2) 2. 2, 26 2x 2e x9 31 .Iz o .. , A A S S .': �• a. aY l . a e T. e • 10 u: v?a1l a ro el zz z] z. : t 62 m. w sn !ey) s6 ss 54 52 al s° .e .r .a .a .] .x .l .D 9I )6aI. ]a , 0' a TROUT. L A N E - i5s !S as !x Sl >0 . e .a •e . .° I )e ]r I . )) xI ....• • , ..,� _- ---. - I-, Y y . s 6 z e 9 to 1, tz .] •1.,la 161r 9 ,9 z° xl 22 ]I z. z5 26 -2T. 29-CO ']21. •• ' - • A+• I .. • I= �_-^. _ _ -_ •n -:. •• ;.I3.1 e ) . ! e x .. 9' l i21 ?I, iT-I 20 21 iE ¢) Y. 25 26 eI 28 29 CO Il )E /1 ..T.' 1.4.]] )• 33 36 lT 36 39 .a:.l ..Y i.- .. _ Il WEST. BEACH ADDITION 16 a Iv `. :,.•n--,>' - -.r. • �. .. -I • I I_ ..:'.- _,.••. .. .S\.. •+• OUT OF THE DAVID DOUG HIT SURVEY IN Iz..a.F_. ,, ,., :..:' :�,.�.�:! wJ.�^'''SFs ,,, • [ `•'-"--- DENTL:i LJU(IT T. TC`:AS '�'� : - ''''^ ' . WEST B EACH ADDITION '•cc* gnu ., I 13 .12 I.2:*..'P\.3 . ... ''' i,,. xl� 'P {; 7•OU2."OF-•THE'•0I{V.I-0-000G HIL3URY.ExnIN� I -'� _. __ .. _ _`.\ :Q7 -I' �°' 'L, Ij _ DENTON LOUNTY, __ : 0 R A PPI E TRAIL ii .) `- ME KIRDRE (i' • . ; . • _ T.: . ,„4 • f0,-,. .,,,,,,,,,.,„„:,,,,- ligl .. • .., I F. - • l--l- __. - .. ail-._o'L cK.3.Zx L F_ (i••-�- • �� -�_f u'Y r• - ' —---'-—-_._ l ._ F7•^'•C - •c R A.P P I E T R:a I r' ' -- -- -- -- FILED FOR flEC • • T e '9. le l) l! l6 ew I :: • l• _ - J• F i•Ji - - .. 6 _f_,... 1 ail: ,„:„ram- Gam.. •• -- .. ..�1. L 0 29 2T 26 25 2. 2) 222 I 20rPV -,�, ].; [•_- F _;..'4u•G�l�..::�::::y.-.... ,J • y . -SILVERSIDE R0 A ...-- - .`• __. _ __ ; ____ 1�M1'•.} ___-- EN7•g _COVaIT-�- /q53 1 7AfiR T, COUNTY Qp.Qa = ling•a! 6 HAY ES KEMRLE: . y . !MI ' 9Fc91::9" r[ ,9Saw9 ,1 , • nj'•. HAYES RE O iri v • - [3` 3 ' . - �� [cs AcAr4]s�°xsu[r°9 I aO rc • , I zp...•: Mr r,r1U I aPROe HOI II "-• Volume 2,Page 34(converted to Cabinet A,Slide Volume 2,Page 30(converted to Cabinet A,Slide 'u1.,^)12 u "' •"' 14),Denton CountyClerk's Office -. 12),Denton County Clerk's Office • City of Southlake, Texas MEMORANDUM February 9, 2000 TO: Billy Campbell, City Manager FROM: Shana K. Yelverton, Assistant City Manager SUBJECT: Resolution No. 00-20, Suspending the proposed effective date of the proposed revisions to certain tariffs of TXU Electric Company - Action Requested: Approval of Resolution No. 00-20, Suspending the proposed effective date of the proposed revisions to certain tariffs of TXU Electric Company. Background Information: On January 25, 2000 TXU Electric made a filing with cities and the PUC to modify, close or delete certain rate tariffs. The proposed effective date is March 1, 2000. The proposed changes go into effect on that date unless regulatory authorities suspend the effective date or take action on the merits of the request prior to March 1, 2000. Cities may suspend the effective date for up to 90 days. According to Geoffrey Gay (the attorney that assists the.Steering Committee of TXU Electric Service Area cities with rate cases and tariff filings), the proposed changes do not directly increase or decrease rates, but may have an economic impact on customers who may be forced off a rate and onto a higher cost rate. TXU's application appears to be part of a general tariff housecleaning prior to the implementation of retail competition on January 1, 2002. Future transmission and distribution utilities are supposed to get rid of all competitive services and this filing is represented as being devoted to the effort. The proposal includes closure of time of use rates and deletion of real time pricing rates. Few, if any, customers are on those rates. The proposal to close the industrial interruptible rate may draw some debate and cities may want to intervene at the PUC to monitor negotiations between the Company and its industrial customers. There may be Steering Committee cities concerned with closure of the economic development and outdoor lighting tariffs. Given the level of study needed to determine Southlake's position on the filing, and the need for Mr. Gay to discuss the filing with "experts" in • the field, a suspension resolution has been prepared. This will give us the time we need to receive and review Mr. Gay's analysis of the merits of the case. Passage of the resolution will move the effective date from March 1, 2000 to May 30, 2000. Billy Campbell, City Manager February 10, 2000 Page 2 Financial Considerations: None applicable at this time. Citizen Input/ Board Review: Not applicable. Legal Review: City Attorneys have reviewed and approved the resolution. Alternatives: The resolution needs to be approved so that the Southlake City Council can act on the tariff filing prior to the effective date. Supporting Documents: Resolution No. 00-20 TXU Correspondence, Tariff Filing, Testimony of J. Michael Sherburne Staff Recommendation: Approval of Resolution No. 00-20, Suspending the proposed effective date of the proposed revisions to certain tariffs of TXU Electric Company. a City of Southlake, Texas RESOLUTION NO. 00-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, SUSPENDING THE PROPOSED EFFECTIVE DATE OF THE PROPOSED REVISIONS TO CERTAIN TARIFFS OF TXU ELECTRIC COMPANY, PROVIDING FOR NOTICE HEREOF TO SAID COMPANY, AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, TXU Electric Company heretofore, on January 25, 2000, filed with the Governing Body of this municipality its Tariff Filing, together with supporting testimony, proposing to implement within the corporate limits of this municipality revisions to twenty-four of its tariffs (hereinafter collectively referred to as the "Revised Tariffs"), and to delete three of its tariffs (hereinafter collectively referred to as the "Deleted Tariffs"), to be effective on March 1, 2000; and WHEREAS, in order to allow sufficient time for the consideration of the information filed by said Company, it is the desire of the Governing Body of this municipality to suspend the proposed effective date of the proposed tariff revisons contained in said Tariff Filing for a period of 90 days from March 1, 2000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That the effective date of the tariff revisions contained in TXU Electric Company's Tariff Filing dated January 25, 2000, is hereby suspended for a period of 90 days from March 1, 2000. SECTION 2. That the Secretary of this municipality is hereby directed to deliver a copy of this Resolution to TXU Electric Company promptly after the passage hereof. SECTION 3. That this resolution shall become effective immediately upon its passage and approval. 5k 3 Resolution No. 00-20 . Page 2 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE ON THIS DAY OF , 2000. Mayor Rick Stacy ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney Date: M:\Resolutions\RES 00-20.DOC Y, `--4-1 L ,. .-• TXU lectric &Gas Harriet Gibbon x 239 Area Manager .,—,ar,TX 76234 Community Relations Tel: 940 627 4103 COPY • Fax: 940 627 4144 January 25, 2000 JAN .. 521,1nO Honorable Mayor and Council • City of Southlake f f • 667 North Carroll Ave. •. • Southlake, TX 76092 • Dear Mayor and Council: . Enclosed for filing please find TXU Electric Company's Tariff Filing Pursuant to Substantive Rule 25.241, requesting revisions to 27 of its retail rates/riders. The enclosed Tariff Filing is also being made with the Public Utility Commission of Texas. The enclosed Tariff Filing does not propose to either increase or decrease any existing charge or rate, and TXU Electric does not anticipate any change in revenues as a result of these proposed tariff revisions. The primary purpose of this Tariff Filing is to modify, close, or delete certain existing tariffs in order to facilitate the transition to a competitive • retail market as of January 1, 2002, pursuant to Senate Bill 7'passed in the 1999 Texas Legislature. In order.to.fully explain the revisions proposed in this Tariff Filing, TXU Electric has included the testimony of Mr. J. Michael Sherburne. Mr. Sherbume's Exhibit JMS-D-1 summarizes the proposed tariff revisions, and his subsequent exhibits provide the proposed tariff sheets with changes noted. TXU Electric has proposed that these tariff revisions go into effect March 1, 2000, and hereby requests that the City approve this • Tariff Filing effective that date. Included in the Tariff Filing, in addition to Mr. Sherbume's testimony, are clean copies of (1)the revised Table of Contents; (2)the revised Section 2.1 Cities served listing; and • (3)the revised tariff pages reflecting the proposed changes. Should you have any questions concerning this filing, please give me a call. Very truly yours, Harriet Gibbon ' • TXU Receipt Acknowledged by: Name:Title: Date:Date: f.lgagAfbas . . OA TXU V Electric Stephen J.Houle ryan St,Ste 32 Vice President o21n( 75201 4 812 4821 Fax 214 812 3221 January25, 2000 shoule1@txu.com Mr. James Galloway, Filing Clerk Public Utility Commission of Texas 1701 N. Congress Ave. . P.O. Box 13326 Austin, Texas 78711-3326 Dear Mr. Galloway: TXU Electric hereby files this its Tariff Filing Pursuant to Substantive Rule • 25.241, requesting revisions to 27 of its retail rates/riders and its list of cities served. The primary purpose of this Tariff Filing is to modify, close, or delete certain existing tariffs in order to facilitate the transition to a competitive retail market as of January 1, 2002, pursuant to Senate Bill No. 7. Thus,TXU Electric proposes herein. to: (1) close certain existing retail tariffs to new customers for services deemed competitive energy services by the Commission's proposed Substantive Rule ® 25.343; (2) close and/or modify optional retail tariffs with contract provisions that extend beyond the January 1, 2002, start date for full retail market competition or that are no longer necessary; (3) modify retail tariffs for basic rates to limit contract terms to December 31, 2001; and (4) delete retail tariffs that are no longer being utilized. In order to fully explain the revisions proposed in this Tariff Filing, and the reasons therefore, TXU Electric has included in this Filing the testimony of Mr. J. Michael Sherburne. Mr. Sherbume's Exhibit JMS-D-1 summarizes the tariff revisions proposed herein, and his subsequent exhibits provide the proposed tariff sheets with the notations in the right-hand margin indicating the changes made to each tariff sheet, as required by Substantive Rule 25.241(f). TXU Electric has proposed that these tariff revisions go into effect on March 1, 2000. TXU Electric is also filing a revision to Section 2.1 of the Tariff for Electric Service to reflect name changes for cities that TXU Electric currently serves. The Tariff Filing herein does not propose to either increase or decrease any existing charge or rate, and TXU Electric does not anticipate any change in revenues-as a result of these proposed tariff revisions. Attached, in addition to Mr. Sherbume's testimony, are clean copies of: (1) the revised Table of Contents; (2) the revised Section 2.1 Cities served listing; and (3)the revised tariff pages reflecting the proposed changes. • Mr. James Galloway January 25, 2000 Page 2 Any correspondence concerning this Filing should be sent to me at the address set out above. Thank you for your assistance. Sincerely, xc: Mr. Stephen Davis, Office of Policy Development Attachments: • • TESTIMONY OF J. MICHAEL SHERBURNE • 1 I. POSITION AND QUALIFICATIONS 2 Q. PLEASE STATE YOUR NAME, BUSINESS ADDRESS, AND CURRENT EMPLOYMENT 3 POSITION. 4 A. My name is J. Michael Sherburne. My business address is 1601 Bryan Street, Dallas, 5 Texas 75201. I am the Electric Rates Manager for TXU Electric Company ("TXU Electric" 6 or"Company"). 7 Q. PLEASE DISCUSS YOUR EDUCATIONAL BACKGROUND AND PROFESSIONAL 8 QUALIFICATIONS. 9 A. I graduated from Louisiana State University in December 1979 with a Bachelor of Science 10 in Electrical Engineering. In August 1989, I received the degree of Master of Business 11 Administration from the University of Dallas. I began employment with Dallas Power & 12 Light (DP&L) in June 1980 as an Engineer, Jr. in the Research and Development Section - 13 of the Distribution Department. In June 1984, I was named Section Head Overhead and. 14 Underground Operations in the DP&L Distribution. In April 1986, I was named Senior 15 Engineer in the DP&L Distribution Design Division of the Engineering Department. In 16 December 1987, I was named Manager, Facilities Management for DP&L and became 17 responsible for the construction, operation, and maintenance of DP&L office facilities. I 18 continued that responsibility until February 1991, when I was named to the position of 19 Rates and Cost Analysis Manager for Texas Utilities Electric Company. In May 1999, I was 20 named to my current position of Electric Rates Manager-TXU Electric Company. 21 Q. HAVE YOU PREVIOUSLY TESTIFIED BEFORE THE PUBLIC UTILITY COMMISSION 22 OF TEXAS("COMMISSION")? 23 A. Yes. I have testified before the Commission in Dockets Nos. 21527, 20546, 20200, 13575, 24 11735,'11-632, and 11037. I • 1 II. PURPOSE OF TESTIMONY 2 Q. WHAT IS THE PURPOSE OF YOUR TESTIMONY IN THIS TARIFF FILING? 3 A. The purpose of my testimony in this tariff filing is to support the proposal of TXU Electric to: 4 (1) close certain existing retail tariffs to new customers for services deemed competitive 5 energy services by PUC Proposed Substantive Rule §25.343; (2) close and/or modify 6 optional retail tariffs with contract provisions that extend beyond the January 1, 2002, start 7 date of full retail market competition or that are no longer necessary; (3) modify retail tariffs 8. for basic rates to limit contract terms to December 31,2001; and(4)delete retail tariffs that 9 are no longer being utilized. 10 Q. PLEASE EXPLAIN WHY TXU ELECTRIC IS FILING THIS PROPOSAL AT THIS TIME. 11 A. TXU Electric proposes to modify, close, or delete certain existing retail Tariffs for Electric 12 Service to facilitate the transition to a competitive marketplace and. to address the 13 potentially contentious issues surrounding contract terms with new customers.,TXU Electric 14 would like to remove these potential barriers to competition during the interim and allow for 15 a smoother transition to deregulation. A summary of this proposal is provided in Exhibit 16 JMS-D-1. . 17 Q. IN ADDITION TO THE PROPOSALS CONTAINED WITHIN THIS FILING REGARDING 18 TREATMENT OF NEW CONTRACTS, HOW WILL TXU ELECTRIC HANDLE EXISTING 19 RETAIL CUSTOMER CONTRACTS WITH TERMS THAT EXTEND BEYOND JANUARY 20 1,2002? 21 A. Although.the issue of how to handle existing contracts that extend beyond January 1, 2002, 22 is currently being discussed by the PUC, TXU Electric seeks to take proactive measures to 23 handle these retail contracts bilaterally through negotiations with its customers. TXU 24 Electric plans to review each existing retail 'Contract for electric service and renegotiate the 25 terms with each customer to either: (1) limit the contract term to December.31, 2001; (2) • 26 allow for contract termination by mutual agreement; or(3)allow both the customer and the • 27 Company to terminate the contract, upon 30 days written notice, any time after December 2 1 1 —II • 1 31, 2001, irrespective of the term of the contract. By allowing for bilateral contract 2 revisions, it is TXU Electric's desire to transition into a deregulated market in an orderly, 3 amicable manner where both customers and the Company are treated fairly. 4 Q. WILL THIS FILING.IMPACT TXU ELECTRIC'S WHOLESALE POWER TARIFFS? 5 A. No. The purpose of this filing is to address issues relating only to retail tariffs due to the 6 passage of Senate Bill No.7,which provides for retail competition. 7 III. CLOSURE OF TARIFFED SERVICE DEEMED A COMPETITIVE ENERGY SERVICE 8 Q. WHY IS TXU ELECTRIC PROPOSING TO CLOSE RATE OL-OUTDOOR LIGHTING TO 9 NEW CUSTOMERS? 10 A. TXU Electric's Rate OL is used to supply customers with unmetered outdoor lighting 11 - service, a service that is defined in proposed Substantive Rule §25.341(6)(J) as a 12 competitive energy service. As specified in PUC Substantive Rule §25.343(c), affected 13 utilities shall not provide competitive energy services after September 1, 2000. Because 14 TXU Electric will be required to stop providing this service in the near future, TXU Electric 15 proposes to close Rate OL to new customers on March 1, 2000, as indicated in Exhibit 16 JMS-D-2. • 17 Q. WHY DID TXU ELECTRIC SELECT MARCH 1, 2000, AS THE DATE TO CLOSE THIS 18 RATE TO NEW CUSTOMERS? 19 A. TXU Electric currently installs an average of 900 guard/flood light fixtures per month and 20 forecasts indicate this trend will continue well into the year 2000. This would equate to the 21 • installation of approximately 5400 new fixtures between March 1, 2000, and September 1, 22 2000. TXU Electric therefore desires to prevent these additional customers from signing up 23 for a service that must be discontinued by the provider in the near future. Closing the rate 24 prior to service discontinuance will allow these customers ample time to transition into the - 25 practice of obtaining this service from a non-utility supplier. In addition, TXU Electric 26 desires to, use this time to focus on transitioning existing Rate OL customers without 27 complicating the matter by adding new customers during this transition period. , 3 5K- 1 � 1 Q. WHAT EFFECT WILL THIS HAVE ON CUSTOMERS DESIRING TO RECEIVE 2 OUTDOOR LIGHTING? 3 A. Based upon various comments made during task force meetings for PUC Project Number 4 21083, Cost Unbundling and Separation of Utility Business Activities, Including Separation 5 of Competitive Energy Services and Distributed Generation, there are suppliers of this 6 service currently in existence that are ready to serve these customers. Therefore, 7 customers will still be able to receive outdoor lighting service, it simply will not be provided 8 by TXU Electric as a regulated utility. Closing Rate OL on March 1, 2000, effectively allows 9 unregulated suppliers of this service to target these customers prior to September 1, 2000, 10 thereby giving them the opportunity to increase their customer base earlier than required. 11 Q. HOW WILL CUSTOMERS RECEIVE OUTDOOR LIGHTING SERVICE BETWEEN 12 MARCH 1;2000 AND SEPTEMBER 1,2000? 13 A. TXU Electric could provide a listing of suppliers of outdoor lighting service to customers" 14 inquiring into outdoor lighting service. 15 IV. CLOSURE OF TARIFFS WITH CONTRACT PROVISIONS EXTENDING BEYOND 16 JANUARY 1.2002 17 A.RIDER ED-ECONOMIC DEVELOPMENT SERVICE AND 18 RIDER ET-ENVIRONMENTAL TECHNOLOGY SERVICE 19 Q. WHAT ARE THE MINIMUM CONTRACT TERMS FOR RIDERS ED AND ET? '20 A. The minimum contract term for Rider ED as specified in the tariff is five years plus the. 21 • number of years of discounted demand charges received under this rider. The minimum 22 contract term for Rider ET as specified in the tariff is five years. 23 Q. WHY WERE THE MINIMUM CONTRACT PROVISIONS ESTABLIHED AT THIS LEVEL? 24 A. The minimum term of service for Rider ED Was established in order to provide the proper 25 level of demand discount necessary to stimulate economic activity without adversely 26 affecting the cost of service to existing customers. Because the demand discount is based 27 on the number of years until the Company's next scheduled generating unit addition, the 4 sS / 3 • • 1 contract term was also based on the length of time the demand discount was in effect. 2 The minimum five-year term of service for Rider ET was established to provide a proper 3 level of demand discount to facilitate the customers' ability to finance the conversion to 4 more efficient electrical processes while also exceeding the Company's marginal cost of 5 capacity in 1994 dollars,the effective year of this tariff. 6 Q. WHY IS TXU PROPOSING TO CLOSE RIDERS ED AND ET TO NEW CUSTOMERS ON 7 MARCH 1,2000? 8 A. The minimum contract term for these tariffs would require a customer who signs up after 9 March 1, 2000, to continue receiving service under this rate well beyond the January 1, 10 2002, date of full competition. In addition, the calculation of the,demand charge for these 11 riders is based on the Company's next scheduled generating unit addition, but at this time 12 , the Company is planning for capacity additions•(purchased power)between March 1, 2000, 13 and January 1, 2002. Thus, it would not be appropriate to offer demand discounts at a time 14 when the Company does not have the capacity available. As a result, going forward these 15 riders will not be applicable to any customer not already receiving service under this tariff. 16 Therefore, TXU Electric proposes to close Riders ED and ET, as Indicated in Exhibit JMS- • 17 D-3, to: (1) avoid obligating the customer or the utility beyond the date of competition; (2) 18 avoid any confusion associated with the treatment of customer contracts signed during this 19 interim period; and (3) prevent an appearance of offering demand discounts when not 20 economically practical. 21 B. RIDER I-INTERRUPTIBLE SERVICE . 22 Q. WHAT IS THE INITIAL CONTRACT TERM FOR RIDER I? 23 A. The initial contract term for Rider I as specified in the tariff is five years.• 24 Q. WHY WAS THE CONTRACT PROVISION SET UP FOR AN INITIAL FIVE-YEAR TERM? 25 A. The initial five-year term of service was established to: (1) provide assurance that the 26 • contracted load will remain interruptible far a sufficient length of time to aid TXU Electric in 27 its capacity planning function and spinning reserve requirements; and (2) ensure some 5 1 reasonable level of cost recovery for the Company's facilities used to serve interruptible 2 load. 3 Q. WHY IS TXU ELECTRIC PROPOSING TO CLOSE RIDER I TO NEW CUSTOMERS ON 4 MARCH 1,2000? 5 A. First, it should be noted that the instantaneous interruptible service option of Rider I was 6 officially closed in Docket No. 11735 due to its over-subscription. For the"other available 7 option under Rider I, noticed interruptible service, the initial contract term would require a- 8 customer who signs up after March 1, 2000, to continue receiving service under this rate 9 well beyond the January 1, 2p02 date of full competition. In addition to the contract issue, a '10 provision in the tariff allows noticed interruptible customers to. discontinue interruptible 11 service during the initial two years without penalty. Because.of this provision, and thus the 12 uncertainty of the presence of the customer's interruptible load for two years following the 13 contract signing, the Company would not receive a capacity planning benefit during the- 14 . initial two years of the contract. Therefore, any contracts entered into after March 1, 2000, 15 will not afford the Company the planning benefit commensurate with-the demand reduction 16 incentives provided by the rate. Therefore, TXU Electric proposes to close this tariff, as 17 • indicated in Exhibit JMS-D-4, to: (1) avoid obligating the customer or the utility beyond the 18 date of competition; (2) avoid any confusion associated with the treatment of customer 19 contracts signed during this interim period; and (3) prevent the unreasonable practice of • 20 offering discounts with no benefit afforded the Company or its remaining customers. 21 Q. WHY IS TXU ELECTRIC PROPOSING TO CLOSE THIS RIDER TO NEW CUSTOMERS 22 RATHER THAN MODIFY THE TERMS OF ANY NEW CONTRACTS? 23 A. As stated above, the minimum contract term was established for very specific operational 24 and economical reasons and was a major factor in the design of the tariff. Reducing the ti 25 term of the contract could potentially lead to a lack of cost recovery by the Company in 26 serving this type of load and the inability of TXU Electric to effectively plan and secure the 6 1 necessary capacity resources to serve projected load. Based on these reasons, TXU 2 Electric proposes to close the rate to new customers altogether. 3 Q. HOW DOES TXU ELECTRIC PROPOSE TO HANDLE EXISTING INTERRUPTIBLE 4 CONTRACTS? 5 A. In December 1999, TXU Electric gave notice of its intention to terminate all noticed and • 6 instantaneous interruptible contracts on December 31, 2001, to ensure that no obligations 7 exist beyond market opening. • 8 C. RATE GTUC-GENERAL SERVICE TIME OF USE CURTAILABLE AND 9 RATE GTUC-M-GENERAL SERVICE TIME Oi- USE CURTAILABLE MUNICIPAL 10 Q. WHAT IS THE INITIAL CONTRACT TERM FOR RATE GTUC&RATE GTUC-M? 11 A: The initial contract term for Rate GTUC and Rate GTUC-M as specified in the tariff is three 12 years. • 13 Q. WHY WAS THE CONTRACT. PROVISION. SET USING AN INITIAL .THREE-YEAR. 14 TERM? 15 A. The initial three-year term of service was set to ensure some reasonable level of cost 16 recovery for the Company's facilities used to serve curtailable load and was designed to 17 prevent a customer from gaming.the rate by alternating service between curtailable and , 18 non-curtailable tariffs depending on the time of year. Requiring a three-year term also 19 encouraged customers to invest in operational and'facilities changes to maximize the 20 demand reduction incentives provided by the pricing structure. This term also,allowed the 21 Company the time to adjust its planning process associated with securing the necessary 22 capacity resources to serve projected load. • 23 Q. WHY IS TXU ELECTRIC PROPOSING TO CLOSE RATES GTUC AND GTUC-M TO 24 NEW CUSTOMERS ON JANUARY 1, 2001 AND MODIFY THE CONTRACT TERM OF 25 THESE RATES? 26 A. Because of the potential for customers to game the rate by signing up after the last on-peak 27 season before competition begins, thus allowing them to receive a discount with no benefit 7 • 1 afforded the Company during its peak season, TXU Electric proposes to close these rates 2 on January 1, 2001, one year in advance of the start date for competition. In addition to the. 3 potential for gaming the rate, the current contract terms for these tariffs would require a 4 customer who signs up after March 1, 2000 to continue receiving service under these rates 5 beyond the January 1, 2002 start of competition. Because closing .the tariff effective 6 January 1, 2001 does not address the issue of contractual obligations for those customers 7 who sign-up for service before the tariff is closed,TXU Electric is also modifying the term of 8 all new contracts to ensure that no obligation will exist after the January 1, 2002 start date 9 of competition. These proposals are indicated in Exhibit JMS-D-5. 10 Q. WHY DID TXU ELECTRIC SELECT JANUARY 1, 2001, AS THE PROPOSED DATE TO 11 CLOSE THESE RATES INSTEAD OF. MARCH 1, 2000 AS PROPOSED FOR RIDERS 12 ED, ET AND I ABOVE? - 13 A. Because TXU Electric uses this curtailable load in its capacity planning for future' 14 requirements, both customers and the Company would still benefit in the short term from 15 the addition of new curtailable loads between March 1, 2000 and January 1, 2001. 16 Therefore, TXU Electric proposes to close the rates on January 1, 2001, to utilize the "17 availability of additional curtailable loads during the 2000 and 2001 peak seasons. 18 E.RATE RLU-RESIDENTIAL LOW USE SERVICE, 19 • RATE RTU-RESIDENTIAL TIME-OF-USE SERVICE, 20 RATE RTU1 -RESIDENTIAL TIME-OF-USE SERVICE, 21 . AND RATE RTU1-M RESIDENTIAL TIME-OF-USE SERVICE MUNICIPALITY 22 Q. 'WHAT IS THE INITIAL CONTRACT TERM FOR RATES RLU, RTU, RTU1, AND RTU1- 23 M? 24 A. The initial contract term as specified in the tariff for each of these rates is one year. 25 Q. WHY WAS THE CONTRACT PROVISION SET UP FOR AN INITIAL ONE-YEAR TERM? 26 A. The one year term of service was set to assure some reasonable level of cost recovery for 27 the Company's facilities used to serve residential customers with special requirements or 8 • 1 provisions, and to prevent a customer from gaming the rates by alternating between more 2 or less favorable rates depending on the time of year. 3 Q. WHY IS TXU ELECTRIC PROPOSING TO CLOSE RATES RLU, RTU, RTU1, AND 4 RTU1-M TO NEW CUSTOMERS ON JANUARY 1,2001? 5 A. The initial contract terms for these tariffs would require a customer who signs up after 6 January 1,2001, to continue receiving service under this rate beyond the January 1, 2002, 7 date of full competition. Therefore, TXU Electric proposes to close these, tariffs, as 8 indicated in Exhibit JMS-D-6, to avoid obligating the customer or the utility beyond the date 9 of competition and to avoid any confusion associated with the treatment of customer 10 contracts signed during this interim period. 11 Q. WHY IS TXU ELECTRIC PROPOSING TO CLOSE THESE RATES TO. NEW 12 . CUSTOMERS RATHER THAN MODIFY THE TERMS OF ANY NEW CONTRACTS? • • 13 A. TXU Electric considered changing the contract provision to expire on December 31, 2001.. 14 However, because of the potential for customers to.game the rate, TXU Electric's proposal 15 to close the rates a year in advance instead of merely altering the contract terms will 16 appropriately require the customer to experience both on-peak and off-peak pricing. 17 V.CLOSURE OF TARIFFS THAT ARE NO LONGER NECESSARY 18 • A. RATE GC-GENERAL SERVICE COMPETITIVE PRICING AND 19 • . RATE GC1 -GENERAL SERVICE, 20 Q. WHY IS TXU PROPOSING TO CLOSE RATES GC AND GC1 TO NEW CUSTOMERS 21 ON MARCH 1,2000? 22 A. ' TXU Electric is planning for capacity additions (purchased power) between March 1, 2000, 23 and January 1, 2002. Because the calculation of the demand charge for these rates is 24 based On-the number of years until-the Company's next scheduled generating unit addition,- =- 25 • these rates will not be available to any customer not currently'receiving service under these 26 tariffs. Therefore, TXU Electric proposes to formally close these tariffs, as indicated in t - 9 1 Exhibit JMS-D-7 to prevent an appearance of offering demand discounts when not 2 economically practical. . 3 Q. WHY IS TXU PROPOSING TO CLOSE THESE RATES RATHER THAN DELETING 4 THEM ALTOGETHER? 5 A. •TXU Electric currently has customers contracted to receive service under these tariffs. In 6 order to continue providing service to these customers pursuant to the tariffs, TXU Electric 7 cannot request their deletion. It is TXU Electric's intention to prevent new'customers from 8 receiving service under these tariffs, not to require existing customers to change tariffs prior 9 to January 1, 2002.- Therefore, TXU Electric is proposing to close these tariffs instead of . 10 deleting them. 11 VI.MODIFICATION OF CONTRACT TERMS FOR BASIC RATES 12 A. RATE R-RESIDENTIAL SERVICE, 13 RATE GS-GENERAL SERVICE SECONDARY, 14 RATE GP -GENERAL SERVICE PRIMARY, • 15 RATE GTU-GENERAL SERVICE TIME-OF-USE, 16 RATE GTU-M.-GENERAL SERVICE TIME-OF-USE MUNICIPALITY, 17 RATE HV-HIGH VOLTAGE SERVICE, • 18 RATE S -STANDBY SEVICE1 19 • RATE SL-STREET LIGHTING SERVICE, 20 RIDER ES-ENTERPRISE ZONE SERVICE.AND 21 RIDER T-TEMPORARY SERVICE 22 Q. WHAT CONTRACT TERM MODIFICATION IS TXU ELECTRIC PROPOSING FOR 23 RATES R, GS, GP, GTU,GTU-M, HV,S, SL, AND RIDERS ES AND T? 24 A. TXU Electric proposes to modify the Agreement section of Rates R, GS, GP, GTU, GTU-M, 25 HV,.S, SL, and Riders ES and T to limit the terms on all new contracts entered into on or 26 after March 1,2000,to December 31, 2001. 10 1 Q. WHY IS TXU ELECTRIC PROPOSING TO MODIFY THE CONTRACT TERMS OF 2 RATES R, GS, GP, GTU, GTU-M, HV, S,SL,AND RIDER ES AND T? 3 A. As currently written, the contract provisions for these basic tariffs place no maximum 4 limitation on the duration of contracts entered into for services rendered under these tariffs. 5 Therefore, it is conceivable that a customer and TXU Electric can enter into contracts with 6 terms that expire after the January 1, 2002 start date of competition. Although the issue of 7 how to handle contracts that extend beyond January 1, 2002, is currently being considered . 8 by the PUC,TXU Electric seeks to take proactive measures to reduce the possibility of new 9 contracts being entered into that might impede a customer's ability to choose suppliers after 10 market opening. Therefore, by limiting the maximum contract terms of these rates to 11 December 31, 2001, as indicated in Exhibit JMS-D-8, TXU Electric desires to avoid 12 entering into new agreements that could potentially become contentious issues upon the 13 implementation of retail competition. 14 Q. WHY IS TXU ELECTRIC PROPOSING TO MODIFY THE CONTRACT TERMS OF 15 RATES R, GS, GP, GTU, GTU-M, HV, S, SL, AND RIDERS ES AND T INSTEAD OF 16 s CLOSING THE RATES TO NEW CUSTOMERS? - 17 A: Rates R, GS, GP, GTU, GTU-M, HV, S, SL, and Riders ES and T are TXU•Electric's basic 18 rates for electric service. In order to serve new customers during the interim period before 19 competition, TXU Electric must maintain certain essential rates to provide service for these 20 - classes of customers. Simply modifying the contract terms does not restrict a customer's • 21 ability to receive service, does not limit the Company's ability to recover the basic cost of 22 service,and does not create.contractual obligations beyond the start date of competition. 23 B. RATE LPP-NON-FIRM ENERGY PURCHASES FROM QUALIFYING FACILITIES AND • 24 - RATE SPP-SMALL POWER PRODUCTION - 25 Q. WHAT CONTRACT TERM MODIFICATION IS TXU ELECTRIC PROPOSING FOR 26 RATES LPP AND SPP? • 11 • 1 A. TXU Electric proposes to modify the Agreement section of LPP and SPP to limit the terms 2 on all new contracts entered into on or after March 1, 2000 to December 31, 2001. 3 Q. WHY IS TXU ELECTRIC PROPOSING TO MODIFY THE CONTRACT TERMS OF 4 RATES LPP AND SPP? 5 A. As currently written,the contract provisions for these tariffs place no maximum limitation on 6 the duration of contracts entered into for energy purchased under these tariffs. Therefore, 7 it is conceivable that TXU Electric and a qualifying facility can enter into contracts with • 8 terms that expire after January 1, 2002, thus obligating the Company to purchase energy 9 from these facilities beyond the start date of competition. Section 39.105(a) of the Utilities 10 ' Code prohibits a transmission or distribution utility from participating in the electricity 11 market, except for the purpose of buying electricity to serve its own needs. Therefore, by 12 limiting the maximum contract terms of these rates to December 31, 2001, as indicated in. 13 Exhibit JMS-D-9, TXU Electric desires to avoid entering into new agreements to purchase. 14 . power that could potentially become contentious issues upon the implementation of retail • 15 competition. 16 Q. WHY IS TXU ELECTRIC PROPOSING TO MODIFY THE CONTRACT TERMS OF 17 RATES LPP AND SPP INSTEAD OF CLOSING THE RATES? 18 A. .Pursuant to Substantive Rule§25.242, TXU Electric is required to have tariffs available for 19 the purchase of energy generated by qualifying facilities. Therefore, TXU Electric is not 20 permitted to request closure of Rates LPP and SPP. However, the Company desires to _ 21 limit the terms of any new contracts so that no prior.contractual obligations to purchase 22 energy exist beyond the start date of competition, pursuant to Section 39.105(a) of the 23 Utilities Code. 24 VII.TARIFFS PROPOSED FOR DELETION 25 A. RATE RTP-REAL TIME PRICING, 26 RATE RTP-I-REAL TIME PRICING INTERRUPTIBLE, . 27 AND RATE RTP-I-1 -REAL TIME PRICING INSTANTANEOUS INTERRUPTIBLE 12 1 Q. WHY IS TXU PROPOSING TO DELETE RATES RTP, RTP-I,AND RTP-I-1? 2 A. TXU Electric instituted these rates on an experimental basis with an overall objective to 3 evaluate the effectiveness of real-time pricing as a resource option. There are no 4 customers currently receiving service under any of these rates, nor are there any 5 customers in discussions with TXU Electric who are considering taking service under these 6 rates. Since the subscription period for Rate RTP is set to expire on October 1, 2000, and 7 Rates RTP-I and RTP-I-1 are currently set to expire on October 1, 2001, and September 1, 8 2000, respectively, TXU Electric does not foresee any customer investing the time and 9 resources necessary for successful implementation of these rates before the set expiration 10 dates. Therefore, TXU Electric requests to delete Rates RTP, RTP-1, and .RTP-I-1 as 11 indicated In Exhibit JM.S-D-10. 12 Q. DURING THE TIME SINCE THESE RATES WERE APPROVED, WHAT WAS THE 13 MAXIMUM NUMBER OF CUSTOMERS ON EACH OF THE RATES AT ANY ONE POINT' 14 IN TIME? 15 A. The maximum number of customers at any one point in time was zero for Rate RTP,zero 16 for Rate RTP-I and four for Rate RTP-I-1. 17 Q. WHEN WAS THE LAST DATE A CUSTOMER RECEIVED SERVICE UNDER EACH OF 18 THESE RATES? 19 A. No customer ever receivedservice under Rates RTP and RTP-I. The last date that a 20 customer received service under Rate RTP-I-1 was May 1998. 21 Q. DOES THIS CONCLUDE YOUR TESTIMONY? 22 . A. Yes, It does. 13 ` L'�aNa/u unlal-L-a Page 1 of 1 TXU Electric Summary of Tariff Revisions Close Rate/Rider to new customers March 1,2000 • ED-Economic Development Service • ET-Environmental Technology Service • GC-General Service Competitive Pricing ▪ GC 1 -General Service • I-Interruptible Service • OL-Outdoor Lighting • Close Rate to new customers January 1,2001 • RLU-Residential Low Use Service • RTU-Residential Time-of-Use Service • RTUI-Residential Time-of-Use Service • RTU1-M-'Residential Time-of-Use Service Municipality • Close Rate to new customers January 1,2001&Limit contract term to December 31,2001 • GTUC-General Service Time-of-Use Voluntary Curtailment • • GTUC-M-General Service Time-of-Use Voluntary Curtailment Municipality Delete Tariff • RTP-Real Time Pricing • RTP-I-Real Time Pricing-Interruptible • RTP-I-1-Real Time Pricing-Instantaneous Interruptible Limit contract term to December 31,2001 • ■ ES-.Enterprise Zone • • GP-General Service Primary ■ GS-General Service Secondary • • GTU-General Service Time-of-Use • • GTU-M-General Service Time-of-Use Municipality • HV-High Voltage Service • LPP-Non-Firm Energy Purchases from Qualifying Facilities • R-Residential Service S • S-Standby Service • SL-Street Lighting Service • SPP-Small Power Production " • T-Temporary Service = MEMORANDUM • TO: Billy Campbell, City Manager FROM: Sharen Elam, Director of Finance Ext. 716 SUBJECT: Ordinance No. 764, 1st Reading, Authorizing the Issuance of Certificates of Obligation, Series 2000 Action Requested: Approval of Ordinance No. 764 on 1s` reading to issue certificates of obligation for capital improvement projects. Background Information: On January 18, 2000, the Council approved Resolution No. 00-05. This authorized the publication of a notice in the newspaper of the city's intent to issue certificates of obligation. The certificates are issued by adoption of an ordinance, with the 1st and 2nd readings scheduled for February 15 and March 7, respectively. A public hearing on issuing the certificates is scheduled March 7. The City would receive funding in mid April. A copy of the - proposed schedule of events is included. The City is issuing certificates of obligation for capital improvement projects because the projects are more than the City can fund in one year from the current revenues or other sources of funds. The proceeds from the bonds: will be used for street and drainage improvements. Financial Considerations: The debt will be repaid through the City's ad valorem tax rate. These certificates will not affect the FY 1999-2000 $.422 tax rate, and it is the City's intent to maintain the tax rate at the same level in the future within the planning parameters of the multi-year financial plan. Citizen Input/ Board Review: A Public Hearing is scheduled for March 7th with the second reading of the ordinance to issue the certificates. Legal Review: Ed Esquivel with the law firm Fulbright and Jaworski serves as the City's bond counsel, and as such has prepared the ordinance. I Billy Campbell, City Manager February 11,2000 Page 2 Alternatives: In the absence of issuing the certificates, capital projects would be funded on a pay-as-you-go basis. Budgets and the timing of projects would be prioritized based on the amount of revenue projected by fiscal year. Supporting Documents: 2000 Capital Improvement Program Schedule of Events Ordinance No. 764 Staff Recommendation: Approval of Ordinance No. 764, reading, authorizing the issuance of $3,895,000 Certificates of Obligation, Series 2000. City of Southlake,Southlake TIRZ#1,SCPD,and SPDC • 2000 Capital Improvement Program • Issuance of: ' • - General Obligation Bonds,Series 2000 to fond TraHe Management Program Certificates of Obligation,Series 2000 to fund Tax-Supported CIP Certificates of Obligation,Series 2000-A to fund Utility-Supported CIP • Certificates of Obligation,Series 2000-B to fond TIRZNI CIP Tax Anticipation Notes,Series 2000 to fond Crime Prevention District CIP Sales Tie Revenue Bonds,Series 2000 to fund Soathlake Park Development Corporation CIP Proposed Schedule of Events Jan•00 Feb-00 Mar-00 Apr-00 SMTWT F S SMTWTF S SMTWT F S SMTWTF 1 1 2 3 4 S 1 2 3 4 I 2 3 4 5 6 7 S 6 7 0 9 10 11 12 5 6 Ei g 9 10 II 2 3 4 S 6 -7 g • 9 10 if 12 13 14 IS 13 14 IS i6 17 Ig 19 12 13 14 IS 16 17 Ig 9 10 II 12 13 14 IS 16 17 Ig 19 20 21 22 20 21 22 23 24 25 26 19 20 21 22 23 24 25 16 17`19 20 21 22 23 24 25 26 27 20 29 27 20 29 26 27 20 29 30 31 23 24 25 26 27 2t 29 3031 30 Complete By Day Event 'Completed Southlake Crime Prevention District Meeting SCPD Board Approves a Resolution to Proceed with Funding of Capital Improvement Plan 13-Jan-00 Thursday Sonthlake TIRZNI Board Meeting TIP.ZNI Board gives Approval to Proceed with Funding of Capital Improvement Plan I0-Jan-00 Tuesday • Soothlake Park Development Corporation Meeting SPDC Board Approves Resolution Declaring Intention to Undertake Project and Calling for a Public Hearing on the Project City Council Meeting City Council gives Approval to Proceed with Funding of Capital Improvement Plan City Approves Resolution to Authorize Notices of Intent for the following Issues: Certificates of Obligation,Series 2000 Certificates of Obligation,Series 2000-A Certificates of Obligation,Series 2000-B Prepared By: ' First Southwest Company Page 6 I/12/00 • • Proposed Schedule of Events • Jan-00 Feb-00 Mar00 Apr-00 SMTWT F S SMTWT F S. SMTWTF S SMTWT F S 1 1 2 3 4 5 _ 1 2 3 4 1 2 7 4 S 6 7 g 6 7 g 9 10 Ti 12 5-6 19 10 11 2 3 4 S 6 7 g 9 10 I1 12 111] 14 15 13 1016m 19 12 13 14 15 16 17 18 9 10 II 12 13 14 15 16 l 19® 21 22 20 21 22 23 24 25 26 19 20 21 22 23 24 25 16 17j 19 20 21 22 23 24 25 26® 26 29 27 5 29- 26 27 21 29 30 31 23 24 25 26 27 28 29 30 31 30 • Complete By Day Event 20-Jan-00 Thursday 'Publication of SPDCs Intent to Undertake Project First Publication of Notices of Intent to Issue the fallowing: Certificates of Obligation,Series 2000 • • Certificates of Obligation,Series 2000-A Certificates of Obligation,Series 2000-B • tI 27-Jan-00 Thursday Second Publication of Notices of Intent to Issue the following: Certificates of Obligation,Series 2000 Certificates of Obligation,Series 2000-A Certificates of Obligation;Series 2000-B 15-Feb-00 Tuesday City Council Meeting 1st Reading of Ordinances to Issue the following: Certificates of Obligation,Series 2000 • Certificates of Obligation,Series 2000-A Certificates of Obligation,Series 2000-B General Obligation Bonds,Series 2000 Tax Anticipation Notes,Series 2000 17-Feb-00 Thursday Discussion with Bond Rating Agencies 15-Feb-00 Friday and Insurance Companies 7-Mar-00 Tuesday Sauthlake Park Devlonment Corporation Meeting Public Nearing on Project SPDC Approves Resolution Auhorixing Issuance of Sales Tax Revenue Bonds,Series 2000 • Signing of Bond Pur ehaae Agreement • • • Prepared By: - Frst Southwest Company Page 7 1/12/00 • • • • • • Proposed Schedule of Events • • Jan-00 Feb-00 Mar00 Apr-00 SMTWTFS SMTWTFS SMTWTFS SMTWTFS _ _ 1 1 2 3 4 3 1 2 3 4 1 • 2 3 4_ 3 6 7 _8 6 7 a 9 10 11 12 3 6 'M tt 9 10 11 2 3 4 5 6 7 8 • 9 10 II 12 El 5 IS Il I4 IS 16 ---- _ _ �_m� 19 12 I3 14 IS 16 17 Itt 9 10 11 12 13 14 IS 16 17 ra 19 m' 21 22 20 21 22 23 24 23 26 19 20 21 22 23 24 23 16 17 10 I9 20 21 22 23 24 23 26® 28 I9 27 26 29 26 27 28 29 30 31 23 24 23 26 27 28 29 Complete By Day Event 7-Mar-00 Tuesday • City Council Meeting City Approves Resolution Authorizing SPDC'a Issuance of Sales Tax Revenue Bonds,Series 2000 • 2nd Reading of Ordinances to issue the following: Certificates of Obligation,Series 2000 Certificates of Obligation,Series 2000-A Certificates of Obligation,Series 2000-B •, General Obligation Bonds,Series 2000 Tax Anticipation Notes,Series 2000 City Approves Ordinance Authorizing the Issuance of the t ^ Certificates of Obligation,Series 2000 V 3 •� City Approves Ordinance Authorizing the issuance of the Certificates of Obligation,Series 2000-A City Approves Ordinance Authorizing the Issuance of the Certificates of Obligation,Series 2000-B City Approves Ordinance Authorizing the Issuance of the General Obligation Bonds,Series 2000 City Approver Ord! Authorizing the I of the • Tax Antidpation Notes,Series 2000 Signing of the Certificate,Note,and Bond Purchase Agreements 9-Mar-00 Thursday - Attorney General Approves Certificate,Note,end Bond Soles 6-Apr-00 . Thursday 18-Apr-00 Tuesday Closing of Debt Issues and Delivery of New Money Funds to City, • • SPDC,SCPD,and TIRZIN ("Bold areas Indicate formal City Council or Board action. • • Prep By: First Southwest Company Page 8 • 1/12/00 ORDINANCE NO. 764 AN ORDINANCE authorizing the issuance of"CITY OF SOUTHLAKE, TEXAS, TAX AND LIMITED PLEDGE REVENUE CERTIFICATES OF OBLIGATION, SERIES 2000"; specifying the terms and features of said certificates; providing for the payment of said certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a limited pledge of the net revenues from the operation of the City's Waterworks and Sewer System; and resolving other matters incident and relating to the issuance, payment, security, sale and delivery of said Certificates, including the approval and execution of a Paying Agent/Registrar Agreement and a Purchase Contract and the approval and distribution of an Official Statement; and providing an effective date. WHEREAS, notice of the City Council's intention to issue certificates of obligation in the maximum principal amount of$3,895,000 for the purposes of paying contractual obligations to be incurred for(a) the construction of public works, to wit: (i) street improvements, including land and rights-of-way acquisition, incidental drainage and traffic signalization, and (ii) the acquisition and installation of a fire sprinkler system for the City's public works building, and (b) professional services rendered in relation to such projects and the financing thereof, has been duly published in The Fort Worth Star Telegram, a newspaper her found and determined to be of general circulation in the City of Southlake, Texas, on , 2000 and `L , 2000, the date the first publication of such notice been not less than fifteen (15) ays prior to the tentative date stated therein for the second reading and final passage of the ordinance authorizing the issuance of such certificates; and WHEREAS, no petition protesting the issuance of the certificates of obligation and bearing valid petition signatures of at least 5% of the qualified electors of the City, has been presented to or filed with the Mayor, City Secretary or any other official of the City on or prior to the date of the passage of this ordinance; and WHEREAS,the Council hereby finds and determines that all of the certificates of obligation described in the aforesaid notice should be issued and sold at this time; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1: Authorization, Designation, Principal Amount, Purpose. Certificates of obligation of the City shall be and are hereby authorized to be issued in the aggregate,principal amount of$3,895,000, to be designated and bear the title"CITY OF SOUTHLAKE, TEXAS, TAX AND LIMITED PLEDGE REVENUE CERTIFICATES _ OF OBLIGATION, SERIES 2000" (hereinafter referred to as the"Certificates"), for the purposes of paying contractual obligations to be incurred for(a) the construction of public works, to wit: (i) street improvements, including land and rights-of-way acquisition, incidental drainage and traffic signalization, and (ii)the acquisition and installation of a fire sprinkler system for the City's public works building, and (b) professional services rendered in relation to such projects and the financing thereof, pursuant to authority conferred by and in conformity with the Constitution and laws of the State of Texas, including V.T.C.A., Local Government Code, Subchapter C of Chapter 271, as amended. .54 - 4 SECTION 2: Fully Registered Obligations - Authorized Denominations-Stated Maturities-Date. The Certificates are issuable in fully registered form only; shall be dated March 1, 2000 (the "Certificate Date") and shall be in denominations of $5,000 or any integral multiple thereof (within a Stated Maturity) and the Certificates shall become due and payable on February 15 in each of the years and in principal amounts (the "Stated Maturities") and bear interest at the per annum rate(s) in accordance with the following schedule: Year of Principal Interest Stated Maturity Amount Rate(s) 2019 $125,000 2020 245,000 2021 260,000 2022 275,000 2023 295,000 2024 315,000 2025 335,000 2026 360,000 2027 380,000 2028 405,000 2029 435,000 2030 465,000 The Certificates shall bear interest on the unpaid principal amounts from the Certificate Date at the rate per annum shown above in this Section'(calculated on the basis of a 360-day year of twelve 30-day months), and such interest shall be payable on February 15 and August 15 of each year, commencing February 15, 2001. SECTION 3: Terms of Payment-Paying Agent/Registrar. The principal of, premium, if any, and the interest on the Certificates, due and payable by reason of maturity, redemption, or otherwise, shall be payable only to the registered owners or holders of the Certificates (hereinafter called the "Holders") appearing on the registration and transfer books maintained by the Paying Agent/Registrar and the payment thereof shall be in any coin or currency of the United States of America, which at the time of payment is legal tender for the payment of public and private debts, and shall be without exchange or collection charges to the Holders. The selection and appointment of Chase Bank of Texas,.National Association to serve as Paying Agent/Registrar for the Certificates is hereby approved and confirmed. Books and records relating to the registration, payment, transfer and exchange of the Certificates (the "Security _ Register") shall at all times be kept and maintained on behalf of the City by the Paying -2- Agent/Registrar, as provided herein and in accordance with the terms and provisions of a "Paying Agent/Registrar Agreement", substantially in the form attached hereto as Exhibit A, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The' Mayor and City Secretary are authorized to execute and deliver such Agreement in connection with the delivery of the Certificates. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Certificates are paid and discharged, and any successor- Paying Agent/Registrar shall be a bank, trust company, financial institution or other entity qualified and authorized to serve in such capacity and perform the duties and 'services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Certificates; the City agrees to promptly cause a written notice thereof to be sent to each Holder by United States Mail, first class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of and premium, if any, on the Certificates shall be payable at the Stated Maturities or the redemption thereof only upon presentation and surrender of the Certificates to the Paying Agent/Registrar at its designated offices in Dallas, Texas (the "Designated Payment/Transfer Office"). Interest on the Certificates shall be paid to the Holders whose name appears in the Security Register at the close of business on the Record Date (the last business day of the month next preceding each interest payment date) and shall be paid by the Paying Agent/Registrar (i) by check sent United States Mail, first class postage prepaid, to the address of the Holder recorded in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense'of, the Holder. If the date for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the City where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. In the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/ Registrar, if and when funds,for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall • be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business next preceding the date of mailing of such notice. SECTION 4: Redemption. (a) Optional Redemption. The Certificates having Stated Maturities on and after February 15, 2010 shall be subject to redemption prior to maturity, at the • option of the City, in whole or in part in principal amounts of$5,000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar), on February 15, 2009, or on any date thereafter at the redemption price of par plus accrued interest to the date of redemption. -3- (b) Exercise of Redemption Option. At least forty-five (45) days prior to a redemption date for the Certificates (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of the decision to redeem Certificates, the principal amount of each Stated Maturity to be redeemed, and the date of redemption therefor. The decision of the City to exercise the right to redeem Certificates shall be entered in the minutes of the governing body of the City. (c) Selection of Certificates for Redemption. If less than all Outstanding Certificates of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/ Registrar shall treat such Certificates as representing the number of Certificates Outstanding which is obtained by dividing the principal amount of such Certificates by $5,000 and shall select the Certificates to be redeemed within such Stated Maturity by lot. (d) - Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Certificates, a notice of redemption shall be sent by United States Mail, first class postage prepaid, in the name of the City and at the City's expense, to each Holder of a Certificate to be redeemed in whole or in part at the address of the Holder appearing on the Security Register at - the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Certificates, (ii) identify the Certificates to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii)state the redemption price, (iv)state that the Certificates, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, provided moneys sufficient for the payment of such Certificate (or the principal amount thereof to be redeemed) at the then applicable redemption price are held for the purpose of such payment by the Paying Agent/Registrar and (v) specify that payment of the redemption price for the Certificates, or the principal amount thereof to be redeemed, shall be made at the Designated Payment/Transfer Office of the Paying Agent/Registrar only upon presentation and surrender of the Certificates. If a Certificate is subject by its terms to prior redemption and has been called for redemption•and notice of redemption has been duly given as hereinabove provided, such. Certificate (or the principal amount thereof to be redeemed) shall become due and payable and interest thereon shall cease to accrue from and after the redemption date therefor. SECTION 5: Registration - Transfer-Exchange of Certificates-Predecessor Certificates. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of each and every owner of the Certificates issued under and pursuant to the provisions of this Ordinance, or if appropriate, the nominee thereof. Any Certificate may be transferred or exchanged for Certificates of other authorized denominations by the Holder, in -4- person or by his duly authorized agent, upon surrender of such Certificate to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender of any Certificate for transfer at the Designated Payment/Transfer Office of the Paying Agent/Registrar, the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Certificates of authorized denominations and having the same Stated Maturity and of a like aggregate principal amount as the Certificate or Certificates surrendered for transfer. At the option of the Holder, Certificates may be exchanged for other Certificates of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Certificates surrendered for exchange, upon surrender of the Certificates to be exchanged at the Designated Payment/Transfer Office of the Paying Agent/ Registrar. Whenever any Certificates are surrendered for exchange, the Paying Agent/Registrar shall register and deliver new Certificates to the Holder requesting the exchange. All Certificates issued in any transfer or exchange of Certificates shall be delivered to the Holders at the.Designated Payment/Transfer Office of the Paying Agent/Registrar or sent by United States Mail, first class, postage prepaid to the Holders, and, upon the registration and delivery thereof, the same shall be the valid obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Certificates surrendered in such transfer or exchange. All transfers or exchanges of Certificates pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. . Certificates cancelled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be"Predecessor Certificates,"evidencing all or a portion, as the case may be, of the same obligation to pay evidenced by the new Certificate or Certificates registered and delivered in the exchange or transfer therefor. Additionally, the term "Predecessor Certificates" shall include any mutilated, lost, destroyed, or stolen Certificate for which a replacement Certificate has been issued, registered and delivered in lieu thereof pursuant to the provisions of Section 19 hereof and such new replacement Certificate shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Certificate. Neither the City nor the Paying Agent/ Registrar shall be required to issue or transfer to an assignee of a Holder any Certificate called for redemption, in whole or in part, within 45 days of the date fixed for the redemption of such Certificate; provided, however, such limitation on -5- transferability shall not be applicable to an exchange by the Holder of the unredeemed balance of a Certificate called for redemption in part. SECTION 6: Book-Entry Only Transfers and Transactions. Notwithstanding the provisions contained in Sections 3, 4 and 5 hereof relating to the payment, and transfer/exchange of the Certificates, the City hereby approves and authorizes the use of "Book-Entry Only" securities clearance, settlement and transfer system provided by The Depository Trust Company (DTC), a limited purpose trust company organized under the laws of the State of New York, in accordance with the operational arrangements referenced in the Blanket Issuer Letter of Representation, by and between the City and DTC (the "Depository Agreement"). Pursuant to the Depository Agreement and the rules of DTC, the Certificates shall be deposited with DTC who shall hold said Certificates for its participants (the "DTC Participants"). While the Certificates are held by DTC under the Depository Agreement, the Holder of the Certificates on the Security Register for all purposes, including payment and notices, shall be Cede & Co., as nominee of DTC, notwithstanding the ownership of each actual purchaser or owner of each Certificate (the "Beneficial Owners") being recorded in the records of DTC and DTC Participants. In the event DTC determines to discontinue serving as securities depository for the Certificates or otherwise ceases to provide book-entry clearance and settlement of securities transactions in general or the City determines that DTC is incapable of properly discharging its duties as securities depository for the Certificates, the City covenants and agrees with the Holders of the Certificates to cause Certificates to be printed in definitive form and provide for the Certificate certificates to be issued and delivered to DTC Participants and Beneficial Owners, as the case may be. Thereafter, the Certificates in definitive form shall be assigned, transferred and exchanged on the Security Register maintained by the Paying Agent/Registrar and payment of such Certificates shall be made in accordance with the provisions of Sections 3, 4 and 5 hereof. SECTION 7: Execution - Registration. The Certificates shall be executed on behalf of the City by the Mayor under its seal reproduced or impressed thereon and countersigned by the City Secretary. The signature of said officers on the Certificates may be manual or facsimile. Certificates bearing the manual or facsimile signatures of individuals who are or were the proper officers of the City on the Certificate Date shall be deemed to be duly executed on behalf of the City, notwithstanding that one or more of the individuals executing the same shall cease to be such officer at the time of delivery of the Certificates to the initial purchaser(s) and with respect to Certificates delivered in subsequent exchanges and transfers, all as authorized and provided in V.T.C.A., Government Code, Chapter 1207. -6- �� -Ol No Certificate shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Certificate either a certificate of registration substantially in the form provided in Section9C, manually executed by the Comptroller of Public Accounts of the State of Texas, or his duly .authorized agent, or a certificate of registration substantially in the form provided in Section 9D, manually executed by an authorized officer, employee or representative of the Paying Agent/Registrar, and either such certificate duly signed. upon any Certificate shall be conclusive evidence, and the only evidence, that such Certificate has been duly certified, registered and delivered. SECTION 8: Initial Certificate(s). The Certificates herein authorized shall be initially issued either(i) as a single fully registered certificate in the total principal amount of$3,895,000 with principal installments to become due and payable as provided in Section 2 hereof and numbered T 1, or(ii) as multiple fully registered certificates, being one certificate for each year of maturity in the applicable principal amount and denomination and to be numbered consecutively from T-1 and upward (hereinafter called the "Initial Certificate(s)") and, in either case,,the Initial Certificate(s) shall be registered in the name of the initial purchaser(s) or the designee thereof. The Initial Certificate(s) shall be the Certificates submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the initial purchaser(s). Any time after the delivery of the Initial Certificate(s), the Paying Agent/Registrar, pursuant to written instructions from the initial purchaser(s), or the designee thereof, shall cancel the Initial Certificate(s) delivered hereunder and exchange therefor definitive Certificates of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial purchaser(s), or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 9: Forms. A. Forms Generally. The Certificates, the Registration Certificate of the Comptroller of Public Accounts of.the State.of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Certificates, shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including insurance legends in the event the Certificates, or any maturities thereof, are purchased with insurance and any reproduction of an opinion of counsel) thereon as may, consistently herewith, be established by the City or determined by the officers executing such Certificates as evidenced by their execution. Any portion of the text of any Certificates may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the'certificate. -7- ' r - The definitive Certificates and the Initial Certificate(s) shall be printed, lithographed, or engraved, typewritten, photocopied or otherwise reproduced in any other similar manner, all as determined by the officers executing such Certificates as evidenced by their execution. B. Form of Certificates. REGISTERED REGISTERED NO. $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF SOUTHLAKE, TEXAS, TAX AND LIMITED PLEDGE REVENUE CERTIFICATE OF OBLIGATION,. SERIES 2000 Certificate Date: Interest Rate: Stated Maturity: CUSIP NO: March 1, 2000 Registered Owner: Principal Amount: DOLLARS The City of Southlake (hereinafter referred to as the "City"), a body corporate and municipal corporation in the Counties of Tarrant and Denton, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, on the Stated Maturity date specified above the Principal Amount hereinabove stated (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid principal amount hereof from the Certificate Date at the per annum rate of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 in each year, commencing February 15, 2001. Principal of this Certificate is payable at its Stated Maturity or redemption to the registered owner hereof, upon presentation and surrender, at the Designated Payment/Transfer Office of the Paying Agent/Registrar executing the registration certificate appearing hereon, or its successor; provided, however, while this Certificate is registered to Cede & Co., the payment of principal upon a partial redemption of the principal amount hereof may be accomplished without presentation and surrender of this Certificate. Interest is payable to the registered owner of this Certificate (or one or more Predecessor Certificates, as defined in the - -8- Ordinance hereinafter referenced) whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date", which is the last business day of the month next preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, .the registered owner. All payments of principal of, premium, if any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. This Certificate is one of the series specified in its title issued in the aggregate principal amount of $3,895,000 (herein referred to as the "Certificates") for the purposes of paying contractual obligations to be incurred for (a) the construction of public works, to wit: (i) street improvements, including land and rights-of-way acquisition, incidental drainage and traffic signalization, and (ii) the acquisition and installation of a fire sprinkler system for the City's public works building, and (b) professional services rendered in relation to such projects and the financing thereof, under and in strict conformity with the Constitution and laws of the State of Texas, particularly V.T.C.A., Local Government Code, Subchapter C of Chapter 271, as amended, and pursuant to an Ordinance adopted by the City Council of the City (herein referred to as,the "Ordinance"). The Certificates maturing on and after February 15, 2010, may be redeemed prior to their Stated Maturities, at the option of the City, in whole or in part in principal amounts of$5,000 or any integral multiple thereof(and if within a Stated Maturity by lot by the Paying Agent/Registrar), on February 15, 2009, or on any date thereafter, at the redemption price of par, together with accrued interest to the date of redemption. At least thirty days prior to a redemption date, the City shall cause a written notice of such redemption to be sent by United States Mail, first class postage prepaid, to the registered owners of each Certificate to be redeemed at the address shown on the Security Register and subject to the terms and provisions relating thereto contained in the Ordinance. If a Certificate.(or any portion of its principal sum) shall have been duly called for redemption and notice of such redemption duly given, then upon the redemption date such Certificate (or the portion of its principal sum to be redeemed) shall become due and payable, and, if moneys for the payment of the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption are held for the purpose of such payment by the Paying Agent/Registrar, interest shall cease to accrue and be payable from and after the redemption date on the principal amount redeemed. In the event a portion of the principal amount of a Certificate is to be redeemed and the registered owner is someone other than Cede & Co., payment of the redemption price of such principal amount shall be made to the registered owner only upon presentation and surrender of such Certificate to the Designated Payment/Transfer Office of the Paying Agent/Registrar, and a -9- new Certificate or Certificates of like maturity and interest rate in any authorized denominations provided by the Ordinance for the then unredeemed balance of the principal sum thereof will be issued to the registered owner, without charge. If a Certificate is selected for redemption, in whole or in part, the City and the Paying Agent/Registrar shall not be required to transfer such Certificate to an assignee of the registered owner within 45 days of the redemption date therefor; provided, however, such limitation on transferability shall not be applicable to an exchange by the registered owner of the unredeemed balance of a Certificate redeemed in part. The Certificates are payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City and from a limited pledge of the Net Revenues (as defined in the Ordinance) of the City's combined Waterworks and Sewer System (the "System"), such pledge being limited to an amount not in excess of $500 and, together with a parity pledge securing the payment of the Previously Issued Certificates, being junior and subordinate to the lien on and pledge of such Net Revenues securing the payment of "Prior Lien Obligations" (identified and defined in the Ordinance) now outstanding and hereafter issued by the City. In the Ordinance, the City reserves and retains the right to issue Prior Lien Obligations without limitation as to principal amount but subject to any applicable terms, conditions or restrictions under law or otherwise. Reference is hereby made to the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the Paying Agent/Registrar, and to all the provisions of which the owner or holder of this Certificate by the acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Certificates; the nature and extent of the limited pledge of the Net Revenues securing the payment of the Certificates; the terms and conditions relating to the transfer or exchange of this Certificate; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which the tax levy and the pledge of the Net Revenues and covenants made in the Ordinance may be discharged at or prior to the maturity of this Certificate, and this Certificate deemed to be no longer Outstanding thereunder; and for the other terms and provisions contained therein. Capitalized terms used herein have the meanings assigned in the Ordinance. This Certificate, subject to certain limitations contained in the Ordinance, may be. transferred on the Security Register only upon its presentation and surrender at the Designated Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by, the registered owner hereof, or his duly authorized agent. When a transfer on the Security Register occurs, one or more new fully registered Certificates of the same Stated Maturity, of authorized denominations; bearing the same rate of interest, and of the same aggregate principal amount will be issued by the Paying Agent/Registrar to the designated transferee or transferees. -10- The City and the Paying Agent/Registrar, and any agent of either, shall treat the registered owner whose name appears on the Security Register(i)on the Record Date as the owner entitled to payment of interest hereon, (ii)on the date of surrender of this Certificate as the owner entitled to payment of principal hereof at its Stated Maturity or its redemption, in whole or in part, and (iii) on any other date as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. In the event of nonpayment of interest on a scheduled payment date and for thirty (30) days thereafter, a new record date for such interest payment (a"Special Record Date")will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date,of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, recited, represented and declared that the City is a body corporate and political subdivision duly organized and legally existing under and by virtue of the Constitution and laws of the State of Texas; that the issuance of the Certificates is duly authorized by law; that all acts, conditions and things required to exist and be done precedent to and in the issuance of the Certificates to render the same lawful and valid obligations of the City have been properly done, have happened and have been performed in regular and due time, form and manner as required by the Constitution and laws of the State of Texas, and the Ordinance;• that the Certificates do not exceed any Constitutional or statutory limitation; and that due provision has been made for the payment of the principal of and interest on the Certificates as aforestated. In case any provision in this Certificate shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms and provisions of this Certificate and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the City Council of the City has caused this Certificate to be duly executed under the official seal of the City as of the Certificate Date. CITY OF SOUTHLAKE, TEXAS COUNTERSIGNED: Mayor City Secretary (SEAL) • -11- C. *Form of Registration Certificate of Comptroller of Public Accounts to appear on Initial Certificate(s) only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER . ( OF PUBLIC ACCOUNTS ( REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that this Certificate has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller. of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas _. ' (SEAL) *NOTE TO PRINTER:Do Not Print on Definitive Certificates -12- r D. Form of Certificate of Paying Agent/Registrar to appear on Definitive Certificates only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Certificate has been duly issued and registered under the provisions of the within-mentioned Ordinance; the certificate or certificates of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. The designated offices of the Paying Agent/Registrar located in Dallas, Texas, is the "Designated Payment/Transfer Office"for this Certificate. Registration Date: CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, as Paying Agent/Registrar By Authorized Signature E. Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee:) (Social Security or other identifying number: ) the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints_ attorney to transfer the within Certificate on the books kept for registration thereof, with full power of substitution in the premises. -13- 4 DATED: NOTICE: The signature on this assignment Signature guaranteed: must correspond with the name of the registered owner as it appears on the face of the within Certificate in every particular. F. The Initial Certificate(s) shall be in the form set forth in paragraph B of this Section, except that the form of a single fully registered Initial Certificate shall be modified as follows: • (i) immediately under the name of the certificate the headings "Interest Rate and "Stated Maturity " shall both be omitted; (ii) paragraph one shall read as follows: Registered Owner: Principal Amount: Dollars The City of Southlake (hereinafter referred to as the "City"), a body corporate and municipal corporation in the Counties of Tarrant and Denton, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount hereinabove stated on February 15 in each of the years and in principal installments in accordance with the following schedule: PRINCIPAL INTEREST YEAR INSTALLMENTS RATE (Information to be inserted from schedule in Section'2 hereof). (or so much thereof as shall not have been prepaid prior to maturity) and to pay interest on the unpaid principal amounts hereof from the Certificate Date at the per annum rate(s) of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 of each year, commencing February 15, 2001. Principal installments of this Certificate are payable at its Stated Maturity or on a - prepayment date to the registered owner hereof by Chase Bank of Texas, National Association (the "Paying Agent/Registrar"), upon presentation and surrender, at its designated offices in Dallas, Texas (the "Designated Payment/Transfer Office"). Interest is,payable to the registered owner of this Certificate whose name appears on the "Security Register" maintained -14- by the Paying Agent/Registrar at the close of business on the "Record Date", which is the last business day of the month next preceding each interest payment date hereof and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/ Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the paymentof public and private debts. SECTION 10: Definitions. For purposes of this Ordinance and for clarity with respect to the issuance of the Certificates herein authorized, and the levy of taxes and appropriation of Net Revenues therefor, the following words or terms, whenever the same appears herein without qualifying language, are defined to mean as follows: (a) -The term "Certificates"shall mean the $3,895;000 "City of Southlake, Texas, Tax and Limited Pledge Revenue Certificates of Obligation, Series 2000" authorized by this Ordinance. (b) The term "Certificate Fund" shall mean the special Fund created and established under the provisions of Section 11 of this Ordinance. (c) The term "Collection Date" shall mean, when reference is being made to the levy and collection of annual ad valorem taxes, the date the annual ad valorem taxes levied each year by the City become delinquent. (d) The term "Fiscal Year" shall mean the twelve month financial accounting period used by the City in connection with the operation of the System which may be any twelve consecutive month period established by the, City. - - - (e) The term "Government Securities" shall mean (i) direct noncallable obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations unconditionally guaranteed or insured by the agency or instrumentality and on the date of their acquisition or purchase by the City are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent and (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and on the date of their acquisition or purchase by the City, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent. • -15- (f) The term "Gross Revenues" shall mean all income, receipts and revenues of every nature derived or received from the operation and ownership (excluding refundable meter deposits, restricted gifts and grants in aid of construction) of the System, including earnings and income derived from the investment or deposit of moneys in any special funds or accounts created and established for the payment and security of the Prior Lien Obligations payable solely from the revenues of the System and other obligations payable solely from and secured only by a lien on and pledge of the Net Revenues. (g) The term "Maintenance and Operating Expenses" shall mean all current expenses of operating and maintaining the System, including all salaries, labor, materials, repairs and extensions necessary to render efficient service; provided, however, that only such repairs and extensions, as in the judgment of the City Council, reasonably and fairly exercised, are necessary to maintain the operations and render adequate service to the City and the inhabitants thereof, or such as might be necessary to meet some physical accident or condition which would otherwise impair obligations payable from Net Revenues shall be deducted in determining "Net Revenues". Depreciation charges shall not be considered Maintenance and Operating Expenses. Maintenance and Operating Expenses shall include payments under contracts for the purchase of water supply, treatment of sewage or other materials, goods, services, or facilities for the System to the extent authorized by law and the provisions of such contract. (h) The term "Net Revenues" shall mean the Gross Revenues of the System, with respect to any period, after deducting the System's Maintenance and Operating Expenses during such period. (i) The term "Outstanding"when used in this Ordinance with respect to Certificates means, as of the date of determination, all Certificates theretofore issued and delivered under this Ordinance, except: (1) those Certificates cancelled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; . (2) those Certificates for which payment has been duly provided by the City in accordance with the provisions of Section 20 hereof; and -16- ��Z c2 • (3) those Certificates that have been mutilated, destroyed, lost, or stolen and replacement Certificates have been registered and delivered in lieu thereof as provided in Section 19 hereof. (j) The term "Previously Issued Certificates" shall mean the outstanding (1) "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1990", dated'August 1, 1990, issued in the original principal amount of$1,100,000, (2) "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1992", dated May 1,-1992, issued in the original principal amount of$1,300,000, (3) "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1994", dated December 1, 1994, originally issued in the principal amount of$4,350,000, (4) "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1996", dated February 15, 1996, originally issued in the principal amount of$2,380,000, (5) "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1997", dated February 15, 1997, originally issued in the principal amount of$9,670,000, (6) "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1998", dated May 15, 1998, originally issued in the principal amount of$13,910,000 and (7) "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue'Certificates of Obligation, Series 1999", dated April 1, 1999, and originally issued in the principal amount of $17,030,000. (k) The term "Prior Lien Obligations" shall mean (i)the outstanding' and unpaid(1) "City of Southlake, Texas, Waterworks and Sewer System Revenue Bonds, Series 1984", dated May 1, 1984, originally issued in the aggregate principal amount of$500,000, (2) "City of Southlake, Texas, Waterworks and Sewer System Revenue Refunding Bonds, Series 1987", - dated March 1, 1987, and originally issued in the aggregate principal amount of $217,000, (3)"City of Southlake, Texas, Tax and Waterworks and Sewer System Surplus Revenue Certificates of Obligation, Series 1992-A", dated October 1, 1992, and originally issued in the aggregate principal amount of $1,300,000, and (4) "City of Southlake, Texas, Tax and Waterworks and Sewer System Surplus Revenue Certificates of Obligation, Series 2000-A", dated March 1, 2000, and originally issued in the aggregate principal amount of $9,245,000, and (ii) obligations hereafter issued which by the terms of the• ' • authorizing ordinance are made payable from and secured by a lien on and -17 • - pledge of the Net Revenues of the System ranking prior and superior to the lien and pledge securing the payment of the Certificates. (I) The term "System" shall mean all properties, facilities and plants , currently owned, operated and maintained by the City for the supply, treatment, transmission and distribution of treated potable water and the collection, treatment and disposal of water-carried wastes, together with all future extensions, improvements, replacements and additions thereto. SECTION 11: Certificate Fund. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption and retirement of the Certificates, there shall be and is hereby created a special account or fund on the books and records of the City known as the "SPECIAL SERIES 2000 TAX AND REVENUE CERTIFICATE OF OBLIGATION FUND", and all moneys deposited to the credit of such Fund shall be shall be kept and maintained in a special banking account at the City's depository bank. Authorized officials of the City are hereby authorized and directed to make withdrawals from said Fund sufficient to pay the principal of and interest on the Certificates as the same become due and payable, and, shall cause to be transferred to the Paying Agent/Registrar from moneys on deposit in the Certificate Fund an amount sufficient to pay the amount of principal and/or interest falling due on the Certificates,such transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar on or before the last business day next preceding each interest and principal • payment date for the.Certificates. Pending the transfer of funds to the Paying Agent/Registrar, money in the Certificate Fund may, at the option of the City, be invested in obligations identified in, and in accordance with the provisions of the "Public Funds Investment Act" (V.T.C.A., Government Code, Chapter 2256) relating to the investment of"bond proceeds"; provided that all such investments shall be made in such a manner that the money required_to be expended from said Fund will be available.at the proper time or times. All interest and income derived from deposits and investments in said Certificate Fund shall be credited to, and any losses debited to, the said Certificate Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Certificates. SECTION 12: Tax Levy. To provide for the payment of the "Debt Service Requirements" on the Certificates being (i) the interest on said Certificates and (ii) a sinking fund for their redemption at maturity or a sinking fund of 2% (whichever amount shall be the • greater), there shall be and there is hereby levied for the current year and each succeeding year thereafter while said Certificates or any interest thereon shall remain Outstanding, a sufficient tax on each one hundred dollars' valuation of taxable property in said City, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other -18- . • purpose. The taxes so levied and collected shall be paid into the Certificate Fund. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay the said Debt Service Requirements, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness. Accrued interest and premium, if any, received from the purchasers of the Certificates shall be deposited to the Certificate Fund. In addition, any surplus proceeds from the sale of the Certificates not expended for authorized purposes shall be deposited in the Certificate Fund, and such amounts so deposited shall reduce the sums otherwise required to be deposited in said Fund from ad valorem taxes. SECTION 13: Limited Pledge of Net Revenues. The City hereby covenants and agrees that, subject to the prior lien on and pledge of the Net Revenues of the System to the payment and security of Prior Lien Obligations, the Net Revenues of the System in an aggregate amount not to exceed $500 are hereby irrevocably pledged to the payment of the principal of and interest on the Certificates, and the limited pledge of$500 of the Net Revenues of the System herein made for the payment of the Certificates shall constitute a lien on the Net Revenues of the System in accordance with the terms and provisions hereof and shall be on a parity in all respects with the lien on the Net Revenues securing the payment of the Previously Issued Certificates. Furthermore, such lien on and pledge of the Net Revenues securing the payment of the Certificates shall be valid and binding without further action by the City and without any filing or recording except for the filing of this'Ordinance in the records of the City. SECTION 14: System Fund. The City covenants and agrees that all Gross Revenues (excluding earnings from the investment of money held in any special funds or accounts created for the payment and security of the Prior Lien Obligations) shall be deposited as collected into a fund maintained at an official depository of the City and known on the books of the City as the "City of Southlake Waterworks and Sanitary Sewer System Fund" (hereinafter called the "System Fund"). All moneys deposited to the credit of the System Fund shall be allocated, appropriated and budgeted to the extent required for the following purposes and in the order of priority shown, to wit: First: To the payment of all necessary and reasonable Maintenance and Operating Expenses of the-System as defined herein or required by statute to be a first charge on and claim against the Gross Revenues, Second: To the payment of all amounts required to be deposited in the special Funds created and established for the payment, security and benefit of Prior Lien Obligations in accordance with the terms and provisions of the ordinances authorizing the issuance of Prior Lien Obligations. -19- Third: To the payment, equally and ratably, of the limited amounts pledged to the payment of the Previously Issued Certificates and the Certificates. Any Net Revenues remaining in the System Fund after satisfying the foregoing payments, or making adequate and sufficient provision for the payment thereof, may be appropriated and used for any other City purpose now or hereafter permitted by law. SECTION 15: Security of Funds. All moneys on deposit in the Funds for which this. Ordinance makes provision (except any portion thereof as may be at any time properly invested) shall be secured in the manner and to the fullest extent required by the laws of Texas for the security of public funds, and moneys on deposit in such Funds shall be used only for the purposes permitted by this Ordinance. SECTION 16: Special Covenants. The City hereby further covenants as follows: (a) It has the lawful power to pledge the Net Revenues of the System to the payment of the Certificates in the manner herein contemplated and has lawfully exercised such power under the Constitution and laws of the State of Texas, including said power existing under V.T.C.A, Government Code, Sections 1502.56 and 1502.58 and V.T.C.A., Local Government Code, Sections 271.041, et seq. (b) Other than for the payment of the Certificates, the Previously Issued Certificates and the Prior Lien Obligations, the Net Revenues of the System have not in any manner been pledged to the payment of any debt or obligation of the City or of the System. 'SECTION 17: Issuance of Prior Lien Obligations/Additional Parity Obligations., The City hereby expressly reserves the right to hereafter issue Prior Lien Obligations, without limitation as to principal amount but subject to any terms, conditions or restrictions applicable thereto under law or otherwise, and such Prior Lien Obligations hereafter issued may be payable, in whole or in part, from the Net Revenues (without impairment of the obligation of contract with the Holders of the Certificates) upon such terms and secured in such manner as the City Council may determine. Additionally, the City reserves the right without any limitations or restrictions to issue additional obligations payable (in whole or in part) from and secured by lien on and pledge of the Net Revenues of the System of equal rank and dignity with the lien on and pledge of such Net Revenues securing the payment of the Previously Issued , Certificates and the Certificates. SECTION 18: Application of Prior Lien'Obligations Covenants and Agreements. It is the intention of this governing body and accordingly hereby recognized and stipulated that the provisions, agreements and covenants contained herein bearing upon the management and -20- operations of the System, and the administering and application of revenues derived from the operation thereof, shall to the extent possible be harmonized with like provisions, agreements and covenants contained in the ordinances authorizing the issuance of the Prior Lien. Obligations, and to the extent of any irreconcilable conflict between the provisions contained herein and in the ordinances authorizing the issuance of the Prior Lien Obligations, the provisions, agreements and covenants contained therein shall prevail to the extent of such conflict and be applicable to this Ordinance but in all respects subject to the priority of rights and benefits, if any, conferred thereby to the holders of the Prior Lien Obligations. Notwithstanding the above, any change or modification affecting the application of revenues derived from the operation of the System shall not impair the obligation of contract with respect to the limited pledge of revenues herein made for the payment and security of the Certificates. SECTION 19: Mutilated - Destroyed - Lost and Stolen Certificates. In case any Certificate shall be mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a replacement Certificate of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Certificate, or in lieu of and in substitution for such destroyed, lost or stolen Certificate, only upon the approval of the City and after(i) the filing by the Holder thereof with the Paying Agent/Registrar of evidence satisfactory to the.Paying Agent/Registrar of the destruction, loss or theft of such Certificate, and of the authenticity of the ownership thereof and (ii) the furnishing to the Paying Agent/Registrar of indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Certificate shall be borne by the Holder of the Certificate mutilated, or destroyed, lost or stolen. Every replacement Certificate issued pursuant to this Section shall be a valid and binding obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Certificates; notwithstanding the enforceability of payment by anyone of the destroyed, lost, or stolen Certificates.The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Certificates. SECTION 20: Satisfaction of Obligation of City. If the City shall pay or cause to be _ paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Certificates, at the times and in the manner stipulated in this Ordinance, then' the pledge of taxes levied under this Ordinance and the Net Revenues of the System (to the extent such limited pledge of Net Revenues shall not have been discharged or terminated by prior payment of principal of or interest on the Certificates) and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. -21- Certificates or any principal amount(s) thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Certificates or the principal amount(s) thereof at maturity or the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or(ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have been - certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any moneys deposited therewith, if any, to pay when due the principal of and interest on such Certificates, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable. arrangements therefor acceptable to the Paying Agent/ Registrar have been made) the redemption date thereof. The City covenants that no deposit of moneys or Government Securities will be made under this Section and no use made of any such deposit which would cause the Certificates to be treated as "arbitrage bonds"within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, or regulations adopted pursuant thereto. Any moneys so deposited with the Paying Agent/ Registrar, or an authorized escrow agent, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Certificates, or any principal amount(s) thereof, or interest thereon with respect to which such moneys have been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Certificates and remaining unclaimed for a period of three (3) years after the Stated Maturity, or applicable redemption date, of the Certificates such moneys were deposited and are,held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor. Notwithstanding the above and foregoing, any remittance of funds from the Paying Agent/Registrar to the City shall be subject to any applicable unclaimed property laws of the State of Texas. SECTION 21: Ordinance a Contract-Amendments. This Ordinance shall constitute a contract with the Holders from time to time, be binding on the City, and shall not be,amended or repealed by the City so long as any Certificate remains Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the consent of Holders holding a majority in aggregate principal amount of the Certificates then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Holders of Outstanding Certificates, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of, premium, if any, and interest on the Certificates, reduce the principal amount thereof; the redemption price, or the rate of interest -22- r thereon, or in any other way modify the terms of payment of the principal of, premium, if any, or interest on the Certificates, (2) give any preference to any Certificate over any other Certificate, or(3) reduce the aggregate principal amount of Certificates required to be held by Holders for consent to any such amendment, addition, or rescission. SECTION 22: Covenants to Maintain Tax-Exempt Status. (a) Definitions. When used in this Section, the following terms have the following meanings: "Closing Date" means the date on which the Certificates are first authenticated and delivered to the initial purchasers against payment therefor. "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. "Computation Date"has the meaning set forth in Section 1.148-1(b) of the Regulations. "Gross Proceeds"means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of the Regulations, of the Certificates. "Investment"has the meaning set forth in Section 1.148-1(b) of the Regulations. "Nonpurpose Investment"means any investment property;as defined in section 148(b) of the Code, in which Gross Proceeds of the Certificates are invested and which is not acquired to carry out the governmental purposes of the Certificates. "Rebate Amount"has the meaning set forth in Section 1.148-1(b) of the Regulations. "Regulations"means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Certificates. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. "Yield"of(1) any Investment has the meaning set forth in Section 1.148- 5 of the Regulations and (2) the Certificates has the meaning set forth in Section 1.148-4 of the Regulations. -23- - (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Certificate to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Certificate, the City shall comply with each of the specific covenants in this Section. (c) No Private Use or Private Payments. Except as permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Certificates: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Certificates, and not, use or permit the use of such Gross Proceeds (including all contractual • arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and . . (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Certificates or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. (d) No Private Loan. Except to the extent permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the ,Certificates to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned"to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any -24- property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Certificates directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so invested), if as a result of such " investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced thereby), whether then held or previously disposed of, exceeds the Yield of the Certificates. (f) Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Certificates to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. (g) Information Report. The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. (h) Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Certificate is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Certificates with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall . calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Certificates until six years after the final Computation Date. (3) As additional consideration for the purchase of the Certificates by . the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the,owners thereof for federal income -25- 4 tax purposes, the City shall pay to the United States out of the Certificate Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Certificates equals (i) in the case of a Final Computation Date as defined in Section 1.148- 3(e)(2) of the Regulations, one hundred percent (100%) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent ' (90%) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038-T or such other forms and information as is or may be required by Section 148(f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148-3(h) of the Regulations. (i) Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Certificates, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection (h) of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Certificates not been relevant to either party. '. . a) Elections. The City hereby directs and authorizes the Mayor, City Secretary, City Manager and Director of Finance, individually or jointly, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Certificates, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. SECTION 23: Sale of Certificates - Official.Statement Approval. The Certificates authorized by.this Ordinance are hereby sold by the City to J.P. Morgan Securities Inc. and Dain Rauscher'Incorporated (herein referred to as the "Purchasers") in accordance with the Purchase Contract, dated March 7, 2000, attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes. The Mayor is hereby authorized and directed to execute said Purchase Contract for and on behalf of the City and as the act and deed of this Council, and in regard to the approval and execution of the Purchase Contract, the . -26- Council hereby finds, determines and declares that the representations, warranties and agreements of the City (contained therein) are true and correct in all material respects and shall be honored and performed by the City. Furthermore, the use of the Official Statement by the Purchasers in connection with the public offering and sale of the Certificates is hereby ratified, confirmed and approved in all respects. The final Official Statement, which reflects the terms of sale, attached as exhibit A to the Purchase Contract (together with such changes approved by the Mayor, City Manager,. Director of Finance or City Secretary, individually or collectively), shall be and is hereby in all respects approved, and the Purchasers are hereby authorized to use and distribute said final Official Statement, dated March 7, 2000, in the reoffering, sale and delivery of the Certificates to the public. The Mayor and City Secretary are further authorized and directed to manually execute and deliver for and on behalf of the City copies of said Official Statement in final form as may be required by the Purchasers, and such final Official Statement in the form and content manually executed by said officials shall be deemed to be approved by the City Council and constitute the Official Statement authorized for distribution and use by the Purchasers. SECTION 24: Proceeds of Sale. The proceeds of sale of the Certificates, excluding the accrued interest and premium, if any, received from the Purchasers, shall be deposited in a construction fund maintained at the City's depository bank. Pending expenditure for authorized projects and purposes, such proceeds of sale may be invested in authorized investments and any investment earnings realized may be expended for such authorized projects and purposes or deposited in the Certificate Fund as shall be determined by the City Council. Accrued interest and premium, if any, as well as all surplus proceeds of sale of the Certificates, including investment earnings, remaining after completion of all authorized projects or purposes shall be deposited to the credit of the Certificate Fund. . SECTION 25: Control and Custody of Certificates: The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending the sale of the Certificates, the investigation by the Attorney General of the State of Texas, including the printing and supply of definitive Certificates, and shall take and have charge and control of the Initial Certificate(s) pending the approval thereof by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery thereof to the Purchasers. . Furthermore,-the Mayor, Mayor Pro Tern, City Secretary, Director of Finance and City Manager, any one or more of said officials, are hereby authorized and directed to furnish and execute such documents and certifications relating to the City and the issuance of the Certificates, including a certification as to facts, estimates, circumstances and reasonable expectations pertaining to the use and expenditure and investment of the proceeds of the Certificates as may be necessary for the approval of the Attorney General and their registration by the Comptroller of Public Accounts. In addition, such officials, together with the City's -27 • - • financial advisor, bond counsel and,the Paying Agent/Registrar, are authorized and directed to make the necessary arrangements for the delivery of the Initial Certificate(s) to the Purchasers and the initial exchange thereof for definitive Certificates. SECTION 26: Notices to Holders-Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States Mail, first class postage prepaid, to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any,notice so mailed, shall affect the sufficiency of such notice with respect to all other Certificates. Where this Ordinance provides. for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either,before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 27: Cancellation. All Certificates surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be • promptly cancelled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already cancelled, shall be promptly cancelled by the.Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Certificates previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Certificates so delivered shall be promptly _ cancelled by the Paying Agent/Registrar. All cancelled Certificates held by the Paying Agent/Registrar shall be returned to the City. SECTION 28: Bond Counsel's Opinion. The Purchasers' obligation to accept delivery of the Certificates is subject to being furnished a final opinion of Fulbright & Jaworski L.L.P., Dallas, Texas, approving the Certificates as to their validity, said opinion to be dated and delivered as of the date of delivery and payment for the Certificates. An executed counterpart of said opinion shall accompany the global certificates deposited with The Depository Trust Company or a reproduction thereof shall be printed on the definitive Certificates in the event the book entry only system shall be discontinued. SECTION 29: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Certificates. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Certificates shall be of no significance or effect as regards the legality thereof and neither the City nor attorneys approving the Certificates as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Certificates. -28- SECTION 30: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, the Paying Agent/Registrar and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, and this Ordinance and all its provisions is intended to be and shall be for the sole and exclusive benefit of the City, the Paying Agent/Registrar and the Holders. - SECTION 31: Inconsistent Provisions. All ordinances, orders or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 32: Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 33: Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 34: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 35: Severability. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application thereof to other circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 36: Continuing Disclosure Undertaking. (a) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: "MSRB" means the Municipal Securities Rulemaking Board. "NRMSIR" means each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. -29- • "SID" means any person designated by the State of Texas or an authorized department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository within the meaning of the Rule from time to time. (b) Annual Reports. The City shall provide annually to each NRMSIR and any SID, within six months after the end of each fiscal year (beginning with the fiscal year ending September 30, 2000) financial information and operating data with respect to the City of the general type included in the final Official Statement approved by Section 23 of this Ordinance, being the information described in Exhibit C hereto. Financial statements to be provided shall be (1) prepared in accordance with the accounting principles described in Exhibit C hereto and (2) audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If audited financial statements are not available at the time the financial information and operating data must be provided, then the City shall provide unaudited financial statements for the applicable fiscal year to each NRMSIR and any SID with the financial information and operating data and will file the annual audit report, when and if the same becomes available. If the City changes its fiscal year, it will notify each NRMSIR and any SID of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, if it is available from the MSRB) that theretofore has been provided to each NRMSIR and any SID or filed with the SEC. (c) Material Event Notices. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any of the following events with respect to the Certificates, if such event is material within the meaning of the federal securities laws: 1. Principal and interest payment delinquencies; 2. Non-payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax-exempt status of the Certificates; 7. Modifications to rights of holders of the Certificates; 8. Certificate calls; -30- 9. Defeasances; 10. Release, substitution, or sale of property securing repayment of the Certificates; and 11. Rating changes. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with subsection (b) of this Section by the time required by such Section. (d) , Limitations, Disclaimers, and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section while, but only while, the City remains an "obligated person"with respect to the Certificates within the meaning of the Rule, except that the City in any event will give the notice required by subsection (c) hereof of any Certificate calls and defeasance that cause the City to be no longer such an "obligated person." The provisions_of this Section are for the sole benefit of the Holders and beneficial owners of the Certificates, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Certificates at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN,ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing its obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. -31- The provisions of this Section may be amended by the City from time to time to adapt to changed circumstances resulting from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if(1) the provisions of this Section, as so amended, would have permitted underwriters to purchase or sell Certificates in the primary offering of the Certificates in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the Holders of a majority in aggregate. principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Certificates consent to such amendment or (b) a Person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the Holders and beneficial owners of the Certificates. The provisions of this Section may also be amended from time to time or repealed by the City if the SEC amends or repeals the applicable provisions of the Rule or a court of final jurisdiction determines that such provisions are invalid, but only if and to the extent that reservation of the City's right to do so would not prevent underwriters of the initial public offering of the Certificates from lawfully purchasing or selling Certificates in such offering. If the City so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection (b) an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. SECTION 37: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. -32- SECTION 38: Effective Date. This Ordinance shall take effect and be in full force immediately from and after its date of adoption shown below. PASSED ON FIRST READING, February 15, 2000. PASSED ON SECOND READING AND ADOPTED, this March 7, 2000. CITY OF SOUTHLAKE, TEXAS Mayor ATTEST: City Secretary (City Seal) APPROVED AS TO LEGALITY: City Attorney -33- 3Z - 3 Exhibit C to Ordinance DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 36 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: 1. The financial statements of the City appended to the Official Statement as Appendix B, but for the most recently concluded fiscal year. 2. The information contained in Tables 1 through 6 and 8 through 14 of the Official Statement. Accounting Principles The accounting principles referred to in such.Section are the generally accepted accounting principles as applicable to governmental units as prescribed by The Government Accounting Standards Board. • - C:\TEMP\SOUTHLAKE 2000 ORDINANCE.DOC kAry of aourniaxe, i exas MEMORANDUM TO: Billy Campbell, City Manager FROM: Sharen Elam, Director of Finance Ext. 716 SUBJECT: Ordinance No. 765, 1st Reading, Authorizing the Issuance of Certificates of Obligation, Series 2000-A Action Requested: Approval of Ordinance No. 765 on 1st reading to issue certificates of obligation for capital improvement projects. Background Information: On January 18, 2000, the Council approved Resolution No. 00-06. This authorized the publication of a notice in the newspaper of the city's intent to issue certificates of obligation. The certificates are issued by adoption of an ordinance, with the 1st and 2nd readings scheduled for February 15 and March 7, respectively. A public hearing on issuing the certificates is scheduled March 7. The City would receive funding in mid April. A copy of the proposed schedule of events is included with Ordinance No.. 764. The City is issuing certificates of obligation for capital improvement projects because the projects are more than the City can fund in one year from the current revenues or other sources of funds: The proceeds from the bonds will be used for water and sewer capital improvement projects. Financial Considerations: The water and sewer neighborhood projects will be repaid through the City's Utility Fund and the projects that are part of the City's Impact Fee Study will be repaid through collected impact fees. Citizen Input/ Board Review:- A Public Hearing is.scheduled for March 7"' with the second reading of the ordinance to issue the certificates. Legal Review: Ed Esquivel with the law firm Fulbright and Jaworski serves as the City's bond counsel, and as such has prepared the ordinance. Alternatives: In the absence of issuing the certificates, capital projects would be funded on a pay-as-you-go basis. Budgets and the timing of projects would be prioritized based on the amount of revenue projected by fiscal year. r Billy Campbell, City Manager February 11,2000 Page 2 Supporting Documents: Ordinance No. 765 Staff Recommendation: Approval of Ordinance No. 765, 1st reading, authorizing the issuance of $9,245,000 Certificates of Obligation, Series 2000-A. ORDINANCE NO. 765 AN ORDINANCE authorizing the issuance of "CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2000-A"; specifying the terms and features of said certificates; providing for the payment of said certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a lien on and pledge of the net revenues from the operation of the City's Waterworks and Sewer System; and resolving other matters incident and relating to the issuance, payment, security, sale and delivery of said Certificates, including the approval and execution of a Paying Agent/Registrar Agreement and a Purchase Contract and the approval and distribution of an Official Statement; and providing an effective date. WHEREAS, notice of the City Council's.intention to issue certificates of obligation in the maximum principal amount of$9,245,000 for the purposes of paying contractual obligations to be incurred for(a)the construction of public works, to wit: (i) improvements and extensions to water and sewer facilities, including land and rights-of-way acquisition and utility line relocations, and (b) professional services rendered in relation to such projects and the financing thereof, has been duly published in The Fort Worth Star Telegram on fr 4, 4) ' , 2000 and ` //o+1A-, 2000, the date the first publication of such notice being not less than fifteen (15) days prior to the tentative date stated therein for the second reading and final passage of the ordinance authorizing the issuance of such certificates; and WHEREAS, no petition protesting the issuance of the certificates of obligation and bearing valid petition signatures of at least 5% of the qualified electors of the City, has been presented to or filed with the Mayor, City Secretary or any other official of the City on or prior to the date of the passage of this ordinance; and . WHEREAS, the Council'hereby finds and determines that all of the certificates of obligation described in the aforesaid notice should be issued and sold at this time; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1: Authorization, Designation, Principal Amount, Purpose. Certificates of obligation of the City shall be and are hereby authorized to be issued in the aggregate'principal amount of$9,245,000, to be designated and bear the title "CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2000-A" (hereinafter referred to as the "Certificates"), for the purposes of paying contractual obligations to be incurred for (a) the construction of public works, to wit: (i) improvements and extensions to water and sewer facilities, including land and rights-of-way acquisition and utility line relocations, and (b) professional services rendered in relation to such, projects and the financing thereof, , pursuant to authority conferred by and in conformity with the 541 - 3 Constitution and laws of the State of Texas, including V.T.C.A., Local Government Code, Subchapter C of Chapter,271, as amended. SECTION 2: Fully Registered Obligations - Authorized Denominations-Stated Maturities-Date. The Certificates are issuable in fully registered form only; shall be dated March 1, 2000 (the "Certificate Date") and shall be in denominations of $5,000 or any integral multiple thereof (within a Stated Maturity) and the Certificates shall become due and payable on February 15 in each of the years and in principal amounts (the "Stated Maturities") and bear interest at the per annum rate(s) in accordance with the following schedule: Year of Principal Interest Stated Maturity Amount Rate(s) 2001 $ 25,000 • 2002 280,000 2003 295,000 2004 310,000 2005 325,000 2006 345,000 2007 - 365,000 2008 385,000 2009 405,000 2010 430,000 • 2011 455,000 2012 485,000 2013 515,000 2014 545,000 2015 580,000 % 2016 615,000 %2017 655,000 2018 695,000 % • - 2019 745,000 2020 790,000 The Certificates shall bear interest on the unpaid principal amounts from the Certificate Date at the rate per annum shown above in this Section (calculated on the basis of a 360-day year of twelve 30-day months), and such interest shall be payable on February 15 and August 15 of each - year, commencing February 15, 2001. SECTION 3: Terms of Payment-Paying Agent/Registrar. The principal of, premium, if any, and the interest on the Certificates, due and payable by reason of maturity, redemption, or otherwise, shall be payable only to the registered owners or holders of the Certificates (hereinafter called the "Holders") appearing on the registration and transfer books maintained by the Paying Agent/Registrar and the payment'thereof shall be in any coin or currency of the United States of -2- - i ' America, which at the time of payment is legal tender for the payment of public and private debts, and shall be without exchange or collection charges to the Holders. The selection and appointment of Chase Bank of Texas, National Association to serve as Paying Agent/Registrar for the Certificates is hereby approved and confirmed. Books and records relating to the registration, payment, transfer and exchange of the Certificates (the "Security Register") shall at all times be kept and maintained on behalf of the City by the Paying Agent/Registrar, as provided herein and in accordance with the terms and provisions of a"Paying Agent/Registrar Agreement", substantially in the form attached hereto as Exhibit A, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may,prescribe. The Mayor and City Secretary are authorized to execute and deliver such Agreement in connection with the delivery of the Certificates. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Certificates are paid and discharged, and any successor Paying Agent/Registrar shall be a bank,trust company, financial institution or other entity, qualified and authorized to serve in such capacity and perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Certificates, the City agrees to promptly cause a written notice thereof to be sent to each Holder by United States Mail, first class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of and premium, if any, on the Certificates shall be payable at the Stated Maturities or the redemption thereof only upon presentation and surrender of the Certificates to the Paying Agent/Registrar at its designated offices in Dallas, Texas (the "Designated Payment/Transfer Office"). Interest on the Certificates shall be paid to the Holders whose name appears in the Security Register at the close of business on the Record Date (the last business day of the month next preceding each interest payment date) and shall be paid by the Paying Agent/Registrar (i) by check sent United States Mail, first class postage prepaid, to the address of the Holder recorded in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder. If the date for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, a legal. holiday, or a day when banking institutions in the City where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. In the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be " established by the Paying Agent/ Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest(which shall be 15 days after the Special Record Date)shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business next preceding the date of mailing of such notice. -3- SECTION 4: Redemption. (a) Optional Redemption. The Certificates having Stated Maturities on and after February 15, 2010 shall be subject to redemption prior to maturity, at the option of the City, in whole or in part in principal amounts of$5,000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar), on February 15, 2009, or on any date thereafter at the redemption price of par plus accrued interest to the date of redemption. (b) Exercise of Redemption Option. At least forty-five (45)days prior to a redemption date for the Certificates (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of the decision to redeem Certificates, the principal amount of each Stated Maturity to be redeemed, and the date of redemption therefor. The decision of the City to exercise the right to redeem Certificates shall be entered in the minutes of the governing body of the City. (c) Selection of Certificates for Redemption. If less than all Outstanding Certificates of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar shall treat such Certificates as representing the number of Certificates Outstanding which is obtained by dividing the principal amount of such Certificates by $5,000 and shall select the Certificates to be redeemed within such Stated Maturity by lot. (d) Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Certificates, a notice of redemption shall be sent by United States Mail, first class postage prepaid, in the name of the City and at the City's expense, to each Holder of a Certificate to be redeemed in whole or in part at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Certificates, (ii) identify the Certificates-to be redeemed and, in the case of a portion of the principal amount to.be redeemed, the principal amount thereof to be redeemed, (iii)state the redemption price, (iv)state that the Certificates, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, provided moneys sufficient for the payment of such Certificate (or the principal amount thereof to be redeemed) at the then applicable redemption price are held for the purpose of such payment by the Paying Agent/Registrar and (v) specify that payment of the redemption price for the Certificates, or the principal amount.thereof to be redeemed, shall be made at the Designated Payment/Transfer Office of the Paying Agent/Registrar only upon presentation and surrender of the Certificates. If a Certificate is subject by its terms to prior redemption and has been called for redemption and notice of redemption has been duly given as hereinabove provided, such Certificate (or the principal amount thereof to be redeemed) shall become due and payable and interest thereon shall cease to accrue from and after the redemption date therefor. -4- SECTION 5: Registration - Transfer- Exchange of Certificates-Predecessor Certificates. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of each and every owner of the Certificates issued under and pursuant to the provisions of this Ordinance, or if appropriate, the nominee thereof. Any Certificate may be transferred or exchanged for Certificates of other authorized denominations by the Holder, in person or by his duly authorized agent, upon surrender of such Certificate to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the - Paying Agent/Registrar. Upon surrender of any Certificate for transfer at the Designated Payment/Transfer Office of the Paying Agent/Registrar,the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Certificates of authorized denominations and having the same Stated Maturity and of a like aggregate principal amount as the Certificate or Certificates surrendered for transfer. At the option of the Holder, Certificates may be exchanged for other Certificates of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Certificates surrendered for exchange, upon surrender of the Certificates to be exchanged at the Designated Payment/Transfer Office of the Paying Agent/Registrar. Whenever any Certificates are surrendered for exchange, the Paying Agent/Registrar shall register and deliver new Certificates to the Holder requesting the exchange. All Certificates issued in any transfer or exchange of Certificates shall be delivered to the Holders at the Designated Payment/Transfer Office of the Paying Agent/Registrar or sent by United States Mail, first class, postage prepaid to the Holders, and, upon the registration and delivery thereof, the same shall be the valid obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Certificates surrendered in such transfer or exchange. All transfers or exchanges of Certificates pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Certificates cancelled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be "Predecessor Certificates,"evidencing all or a portion, as the case may be, of the same obligation to pay evidenced by the new Certificate or Certificates registered and delivered in the exchange or transfer therefor. • Additionally, the term "Predecessor Certificates" shall include any mutilated, lost, destroyed, or stolen Certificate for.which a replacement Certificate has been issued, registered and delivered in lieu thereof pursuant to the provisions of Section 20 hereof and such. new replacement Certificate shall be deemed to evidence the same obligation as the mutilated, lost, destroyed,or stolen Certificate. -5- Neither the City nor the Paying Agent/Registrar shall be required to issue or transfer to an assignee of a Holder any Certificate called for redemption, in whole or in part, within 45 days of the date fixed for the redemption of such.Certificate; provided, however, such limitation on transferability shall not be applicable to an exchange by the Holder of the unredeemed balance of a Certificate called for redemption in part. SECTION 6: Book-Entry Only Transfers and Transactions. Notwithstanding the provisions contained in Sections 3, 4 and 5 hereof relating to the payment, and transfer/exchange of the Certificates, the City hereby approves and authorizes the use of "Book-Entry Only" securities clearance, settlement and transfer system provided by The Depository Trust Company (DTC), a limited purpose trust company organized under the laws of the State of New York, in accordance with the operational arrangements referenced in the Blanket Issuer Letter of Representation, by and between the City and DTC (the "Depository Agreement"). Pursuant to the Depository Agreement and the rules of DTC, the Certificates shall be deposited with DTC who shall hold said Certificates for its participants (the "DTC Participants"). While the Certificates are held by DTC under the Depository Agreement, the Holder of the Certificates on the Security Register for all purposes, including payment and notices, shall be Cede & Co., as nominee of DTC, notwithstanding the ownership of each actual purchaser or owner of each Certificate (the "Beneficial Owners") being recorded in the records of DTC and DTC Participants. In the event DTC determines to discontinue serving as securities depository for the Certificates or otherwise ceases to provide book-entry clearance and settlement of securities transactions in general or the City determines that DTC is incapable of properly discharging its duties as securities depository for the Certificates, the City covenants and agrees with the Holders of the Certificates to cause Certificates to be printed in definitive form and provide for the Certificate certificates to be issued and delivered to DTC Participants and Beneficial Owners, as the case may be. Thereafter,the Certificates in definitive form shall be assigned, transferred and exchanged on the Security Register maintained by the Paying Agent/Registrar and payment of -such Certificates shall be made in accordance with the provisions of Sections 3, 4 and 5 hereof. SECTION 7: Execution-Registration. The Certificates shall be executed on behalf of the City by the Mayor under its seal reproduced or impressed thereon and countersigned by the City Secretary. The signature of said officers on the Certificates may be manual or facsimile. Certificates bearing the manual or facsimile signatures of individuals who are or were the proper officers of the City on the Certificate Date shall be deemed to be duly executed on behalf of the City, notwithstanding that one or more of the individuals executing the same shall cease to be such officer at the time of delivery of the Certificates to the initial purchaser(s) and with respect to Certificates delivered in subsequent exchanges and transfers, alias authorized and provided in V.T.C.A., Government Code, Chapter 1207. -6- No Certificate shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Certificate either a certificate of registration substantially in the form provided in Section 9C, manually executed by the Comptroller of Public Accounts of the State of Texas, or his duly authorized agent, or a certificate of registration substantially in the form provided in Section 9D, manually executed by an authorized officer, employee or representative of the Paying Agent/Registrar, and either such certificate duly signed upon any Certificate shall be conclusive evidence, and the only evidence, that such Certificate has been duly certified, registered and delivered. SECTION 8: Initial Certificate(s). The Certificates herein authorized shall be initially issued either (i) as a single fully registered certificate in the total principal amount of$9,245,000 with principal installments to become due and payable as •provided in Section 2 hereof and numbered T-1, or (ii) as multiple fully registered certificates,being one certificate for each year of maturity in the applicable principal amount and denomination and to be numbered consecutively from T-1 and upward (hereinafter called the "Initial Certificates)") and, in either case, the Initial Certificate(s) shall be registered in the name of the initial purchaser(s) or the designee thereof. The Initial Certificate(s) shall be the Certificates submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the initial purchaser(s). Any time after the delivery of the Initial Certificate(s), the Paying Agent/Registrar, pursuant to written instructions from the initial purchaser(s), or the designee thereof, shall cancel the Initial Certificate(s) delivered hereunder and exchange therefor definitive Certificates of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial purchaser(s), or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 9: Forms. A. Forms Generally. The Certificates, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Certificates, shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including insurance legends in the event the Certificates, or any maturities thereof, are purchased with insurance and any reproduction of an opinion of counsel) thereon as may, consistently herewith, be established by the City or determined by the officers executing such Certificates as evidenced by their execution. Any portion of the text of any Certificates may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the certificate. The definitive Certificates and the Initial Certificate(s) shall be printed, lithographed, or engraved, typewritten, photocopied or otherwise reproduced in any other similar manner, all as determined by the officers executing such Certificates as evidenced by their execution: -7- B. Form of Certificates. REGISTERED REGISTERED NO. $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM SURPLUS REVENUE CERTIFICATE OF OBLIGATION, SERIES 2000-A Certificate Date: Interest Rate: Stated Maturity: CUSIP NO: March 1, 2000 Registered Owner: Principal Amount: DOLLARS The City of Southlake (hereinafter referred to as the "City"), a body corporate and municipal corporation in the Counties of Tarrant and Denton, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, on the Stated Maturity date specified above the Principal Amount hereinabove stated (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid principal amount'hereof from the Certificate Date at the per annum rate of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 in each year, commencing February 15, 2001. Principal of this Certificate is payable at its Stated Maturity or redemption to the registered owner hereof, upon presentation and surrender, at the Designated Payment/Transfer Office of the Paying Agent/Registrar executing the registration certificate appearing hereon, or its successor; provided, however,while this Certificate is registered to Cede & Co., the payment of principal upon a partial redemption of the principal amount hereof may be accomplished without presentation and surrender of this Certificate. Interest is payable to the registered owner of this Certificate (or,one or more Predecessor Certificates, as defined in the Ordinance hereinafter referenced) whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on.the "Record Date", which is the last business day of the month next preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail,first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other;method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency -8. //4 -7/0 of the United States of America which at the time of payment is legal tender for the payment of public and private debts. This Certificate is one of the series specified in its title issued in the aggregate principal amount of $9,245,000 (herein referred to as the "Certificates") for the purposes of paying contractual obligations to be incurred for (a) the construction of public works, to wit: (i) improvements and extensions to water and sewer facilities, including land and rights-of-way acquisition and utility line relocations, and (b) professional services rendered in relation to such projects and the financing thereof„ under and in strict conformity with the Constitution and laws of the State of Texas, particularly V.T.C.A., Local Government Code, Subchapter C of Chapter 271, as amended, and pursuant to an Ordinance adopted by the City Council of the City (herein referred to as the "Ordinance"). The Certificates maturing on and after February 15, 2010, may be redeemed prior to their Stated Maturities, at the option of the City, in whole or in part in principal amounts of$5,000 or any integral multiple thereof(and if within a Stated Maturity by lot by the Paying Agent/Registrar), on February 15, 2009, or on any date thereafter, at the redemption price of par,together with accrued interest to the date of redemption. At least thirty days prior to a redemption date, the City shall cause a written notice of such redemption to be sent by United States Mail,first class postage prepaid, to the registered owners of each Certificate to be redeemed at the address shown on the Security Register and subject to the terms and provisions relating thereto contained in the Ordinance. If a Certificate (or any portion of its principal sum) shall have been duly called for redemption and notice of such redemption duly given, then upon the redemption date such Certificate (or the portion of its principal sum to be redeemed) shall become due and payable, and, if moneys for the payment of the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption are held for the purpose of such payment by the Paying Agent/Registrar, interest shall cease to accrue and be payable from and after the redemption date on the principal amount redeemed. In the event a portion of the principal amount of a Certificate is to be redeemed and the registered owner is someone other than Cede & Co., payment of the redemption price of such principal amount shall be made to the registered owner only upon presentation and surrender of such Certificate to the.Designated Payment/Transfer Office of the,Paying Agent/Registrar, and a new Certificate or Certificates of like maturity and interest rate in any authorized denominations provided by the Ordinance for the then unredeemed balance of the principal sum thereof will be issued to the registered owner, without charge. If a Certificate is selected for redemption, in whole or in part, the City and the Paying Agent/Registrar shall not be required to transfer such Certificate to an assignee of the registered owner within 45 days of the redemption date therefor; provided, however, such limitation on transferability shall not be applicable to an exchange by the registered owner of the unredeemed balance of a Certificate redeemed in part. The Certificates are payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City and, together with the -9- outstanding Previously Issued Certificates (identified and defined in the Ordinance), are additionally payable from and secured by a lien on and pledge of the Net Revenues (as defined in the Ordinance) of the City's combined Waterworks and Sewer System (the "System"),such lien and pledge, however, being junior and subordinate to the lien on and pledge of the Net Revenues of the System securing the payment of"Prior Lien Obligations" (as defined in the Ordinance) now outstanding and hereafter issued by the City. In the Ordinance, the City reserves and retains the right to issue Prior Lien Obligations without limitation as to principal amount but subject to any applicable terms, conditions or restrictions under law or otherwise as well as the right to issue additional obligations payable from the same sources as the Certificates and, together with the Certificates, equally and ratably secured by a parity lien on and pledge of the Net Revenues of the System. Reference is hereby made to the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the Paying Agent/Registrar, and to all the provisions of which the owner or holder of this Certificate by the acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Certificates; the Net Revenues pledged to the payment of the principal of and interest on the Certificates; the nature and extent and manner of enforcement of the pledge; the terms and conditions relating to the transfer or exchange of this Certificate; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which the tax levy and the pledges, charges and covenants made therein may be discharged at or prior to the maturity of this Certificate, and this Certificate deemed to be no longer Outstanding thereunder; and for the other terms and provisions contained therein. Capitalized terms used herein have the meanings assigned in the Ordinance. This Certificate, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register only.upon its presentation and surrender at the Designated Payment/Transfer Office of the Paying Agent/Registrar,with the Assignment hereon duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by, the registered owner hereof, or his duly authorized agent.When a transfer on the Security Register occurs, one or more new fully registered Certificates of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued by the Paying Agent/Registrar to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the registered owner whose name appears on the Security Register(i)on the Record Date as the owner entitled to payment of interest hereon, (ii)on the date of surrender of this Certificate as the owner entitled to payment of principal hereof at its Stated Maturity or,its redemption, in whole or in part, and (iii) on any other date as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. In the event _ of nonpayment of interest on a scheduled payment date and for thirty (30) days thereafter, a new record date for such interest payment (a"Special Record Date")will be established by the Paying -10- Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest.(which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail,first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, recited, represented and declared that the City is a body corporate and political subdivision duly organized and legally existing under and by virtue of the Constitution and laws of the State of Texas; that the issuance of the Certificates is duly authorized by law; that all acts, conditions and things required to exist and be done precedent to and in the issuance of the Certificates to render the same lawful and valid obligations of the City have been properly done, have happened and have been performed in regular and due time, form and manner as required by the Constitution and laws of the State.of Texas, and the Ordinance; that the Certificates do not exceed any Constitutional or statutory limitation; and that due provision has been made for the payment of the principal of and interest on the Certificates,as aforestated. In case any provision in this Certificate shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms and provisions of this Certificate and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the City Council of the City has caused this Certificate to be duly executed under the official seal of the City as of the Certificate Date. CITY OF SOUTHLAKE, TEXAS COUNTERSIGNED: Mayor S City Secretary - (SEAL) -11- C. *Form of Registration Certificate of Comptroller of Public Accounts to appear on Initial Certificate only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER ( OF PUBLIC ACCOUNTS ( REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that this Certificate has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller. of Public Accounts of the State of Texas (SEAL) D. Form of Certificate of Paying Agent/Registrar to appear on Definitive Certificates only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Certificate has been duly issued and registered under the provisions of the within-mentioned Ordinance; the certificate or certificates of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. The designated offices of the Paying Agent/Registrar located in Dallas, Texas, is the "Designated Payment/Transfer Office"for this Certificate. Registration Date: CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, as Paying Agent/Registrar By , Authorized Signature -12577/ E. Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee:) (Social Security or other identifying number: ) the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints. attorney to transfer the within Certificate on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assignment Signature guaranteed: must correspond with the name of the registered owner as it appears on the face of the within Certificate in every particular. F. The Initial Certificate(s) shall be in the form set forth in paragraph B of this Section, except that the form of a single fully registered Initial Certificate shall be modified as follows: (i) immediately under the name of the certificate the headings "Interest Rate " and "Stated Maturity " shall both be omitted; (ii) paragraph one shall read as follows: Registered Owner: Principal Amount: Dollars The City of Southlake (hereinafter referred to as the "City"), a body corporate and municipal corporation in the Counties of Tarrant and Denton, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount hereinabove stated on February 15 in each of the years,and in principal installments in accordance with the following schedule: -13- PRINCIPAL INTEREST YEAR INSTALLMENTS RATE (Information to be inserted from schedule in Section 2 hereof). (or so much thereof as shall not have been prepaid prior to maturity) and to pay interest on the unpaid principal amounts hereof from the Certificate Date at the per annum rate(s) of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 of each year, commencing February 15, - 2001. Principal installments of this Certificate are payable at its Stated Maturity or on a prepayment date to the registered owner hereof by Chase Bank of Texas, National Association (the "Paying Agent/Registrar"), upon presentation and surrender, at its designated offices in Dallas, Texas (the "Designated Payment/Transfer Office"). Interest is payable to the registered owner of this Certificate whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date", which is the last business day of the month next preceding each interest payment date hereof and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/ Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. SECTION 10: Definitions. For purposes of this Ordinance and for clarity with respect to the issuance of the Certificates herein authorized, and the levy of taxes and appropriation of Net Revenues therefor, the following words or terms, whenever the same appears herein without qualifying language, are defined to mean as follows: (a) The term "Certificates" shall mean the $9,245,000 "CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2000-A" authorized by this Ordinance. (b) The term "Certificate Fund" shall mean the special Fund created and established under the provisions of Section 11 of this Ordinance. (c) The term "Collection Date" shall mean, when reference is being - made to the levy and collection of annual ad valorem taxes, the date annual ad valorem taxes levied each year by the City become delinquent. (d) The term "Fiscal Year"shall mean the twelve month accounting period used by the City in connection with the operation of the System which may be any twelve consecutive month period established by the City. -14- (e) The term "Government Securities" shall mean (i) direct noncallable obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations unconditionally guaranteed or insured by the agency or instrumentality and on the date of their acquisition or purchase by the City are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent and (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and on the date of their acquisition or purchase by the City, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent. (f) The term "Gross Revenues" shall mean all income, receipts and revenues of every nature derived or received from the operation and ownership (excluding refundable meter deposits, restricted gifts and grants in aid of construction) of the System, including earnings and income derived from the investment or deposit of moneys in any special funds or accounts created and established for the payment and security of the Prior Lien Obligations and other obligations payable solely from and secured only by a lien on and pledge of the Net Revenues. (g) The term "Maintenance and Operating Expenses" shall mean all current expenses of operating and maintaining the System, including all salaries, labor, materials, repairs and extensions necessary to render efficient service; provided, however, that only such repairs and extensions, as in the judgment of the City Council, reasonably and fairly exercised, are necessary to maintain the operations and render adequate service to the City and the inhabitants thereof, or such as might be necessary to meet some physical accident or condition which would otherwise impair obligations payable from Net Revenues shall be deducted in determining "Net Revenues". Depreciation charges shall not be considered Maintenance and Operating Expenses. Maintenance and Operating Expenses shall include payments under contracts for the purchase of water supply, treatment of sewage or other materials, goods, services, or facilities for the System to the extent authorized by law and the provisions of such contract. (h) The term "Net Revenues" shall mean the Gross Revenues of the System, with respect to any period, after deducting the System's Maintenance and Operating Expenses during such period. -15- (i) The term "Outstanding"when used in this Ordinance with respect to Certificates means, as of the date of determination, all Certificates theretofore issued and delivered under this Ordinance, except: (1) those Certificates cancelled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Certificates deemed to be duly paid by the City in accordance with the provisions of Section 21 hereof; and (3) those mutilated, destroyed, lost, or stolen Certificates which have been replaced with Certificates registered and delivered in lieu thereof as provided in Section 20' hereof. . (j) The term "Previously Issued Certificates" shall mean the outstanding and unpaid "City of Southlake, Texas, Tax and Waterworks and Sewer System Surplus Revenue Certificates of Obligation, Series 1992A", dated October 1, 1992, originally issued in the principal amount of$1,300,000. (k) The term "Prior Lien Obligations"shall mean (i) the outstanding and unpaid (1) "City of Southlake, Texas, Waterworks and Sewer System Revenue Bonds, Series 1984", dated May 1, 1984, originally issued in the aggregate principal amount of$500,000 and (2) "City of Southlake, Texas, Waterworks and Sewer System Revenue Refunding Bonds, Series 1987", dated March 1, 1.987, and originally issued in the aggregate principal amount of $217,000 and (ii) obligations hereafter issued which by the terms of the authorizing ordinance are made payable from and secured by a lien on and pledge of the Net Revenues of the System ranking prior and superior to the lien and pledge securing the payment of the Certificates. (I) The term "System" shall mean all properties, facilities and plants currently owned, operated and,maintained by the City for the supply, treatment, transmission and distribution of treated potable water and the collection, treatment and disposal of water-carried wastes, together with all future extensions, improvements, replacements and additions thereto. (I) The term "Additional Certificates" shall mean tax and revenue ' obligations hereafter issued under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271, or similar law hereafter enacted and payable from ad valorem taxes and additionally payable from and secured by a lien on and pledge of the Net Revenues of the System on a parity -16- with and of equal rank and dignity with the lien and pledge securing the payment of the Previously Issued Certificates and the Certificates. SECTION 11: Certificate Fund. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption and retirement of the Certificates, there shall be and is hereby created a special account or fund on the books and records of the City known as the "SPECIAL SERIES 2000-A TAX AND REVENUE CERTIFICATE OF OBLIGATION FUND", and all moneys deposited to the credit of such Fund shall be shall be kept and maintained in a special banking account at the City's depository bank. Authorized officials of the City are hereby authorized and directed to make withdrawals from said Fund sufficient to pay the principal of and interest on the Certificates as the same become due and payable, and, shall cause to be transferred to the Paying Agent/Registrar from moneys on deposit in the Certificate Fund an amount sufficient to pay the amount of principal and/or interest falling due on the Certificates, such transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar on or before the last business day next preceding each interest and principal payment date for the Certificates. Pending the transfer of funds to the Paying Agent/Registrar, money in the Certificate Fund may, at the option of the City, be invested in obligations identified in, and in accordance with the provisions of the "Public Funds Investment Act" (V.T.C.A., Government Code, Chapter 2256) relating to the investment of"bond proceeds"; provided that all such investments shall be made in such a manner that the money required to be expended from said Fund will be available at the proper time or times. All interest and income derived from deposits and investments in said Certificate Fund shall be credited to, and any losses debited to, the said Certificate Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Certificates. SECTION 12: Tax Levy. To provide for the payment of the "Debt Service Requirements" on the Certificates being (i) the interest on said Certificates and (ii) a sinking fund for their redemption at maturity or a sinking fund of 2% (whichever amount shall be the greater), there shall be and there is hereby levied for the current year and each succeeding year thereafter while said Certificates or any interest thereon shall remain Outstanding, a sufficient tax on each one hundred dollars' valuation of taxable property in said City, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall hot be diverted to any other purpose. The taxes so levied and collected shall be paid into the Certificate Fund. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay the said Debt Service Requirements,-it having been determined that the • existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness. -17- t" • r-n 9 • The amount of taxes to be provided annually for the payment of the principal of and interest on the Certificates shall be determined and accomplished in the following manner: (a) Prior to the date the City Council establishes the annual tax rate and passes an ordinance levying ad valorem taxes each year, the Council shall determine: (1) The amount on deposit in the Certificate Fund after (a) deducting therefrom the total amount of Debt Service Requirements to become due on Certificates prior to the Collection Date for the ad valorem taxes to be levied and (b) adding thereto the amount of the Net Revenues of the System appropriated, and allocated to pay such Debt Service Requirements prior to the Collection Date for the ad valorem taxes to be levied. (2) The amount of Net Revenues of the System, appropriated and to be set aside for the payment of the Debt Service Requirements on the Certificates between the Collection Date for the taxes then to be levied and the. Collection Date for the taxes to be levied during the next succeeding calendar ; year. (3) The amount of Debt Service Requirements to become due and payable on the Certificates between the Collection Date for the taxes then to be levied and the Collection Date for the taxes to be levied during the next succeeding calendar year. (b) The amount of taxes to be levied annually each year to pay the Debt Service f Requirements on the Certificates shall be the amount established in paragraph (3) above less the sum total of the amounts established in paragraphs (1) and (2), after taking into consideration delinquencies and costs of collecting such annual taxes. SECTION 13: Pledge of Revenues. The City hereby covenants and agrees that, subject to the prior lien on and pledge of the Net Revenues of the System to the payment and security of Prior Lien Obligations, all the Net Revenues of the System, with the exception of those in excess of the amounts required to be deposited to the Certificate Fund as hereafter provided, are hereby irrevocably pledged, equally and ratably, to the payment of the principal of and interest on the Previously Issued Certificates, the Certificates, and Additional Certificates, if issued, and the pledge of Net Revenues of the System herein made for the payment of the Certificates shall constitute a lien on the Net Revenues of the System in accordance with the terms and provisions hereof and be valid and binding without further action by the City and without any filing or recording except for the filing of this Ordinance in the records of the City. SECTION 14: System Fund. The City hereby covenants and agrees that all Gross Revenues (excluding earnings from the-investment of money held in any special funds or accounts created for the payment and security of Prior Lien Obligations) shall be deposited -18- as collected into a fund maintained at an official depository of the City and known on the books of the City as the "City of Southlake Waterworks and Sanitary Sewer System Fund" ' (hereinafter called the "System Fund"). All moneys deposited to the credit of the System Fund shall be allocated, appropriated and budgeted to the extent required for the following purposes and in the order of priority shown, to wit: First: To the payment of Operating and Maintenance Expenses of the System as defined in herein or required by statute to be a first charge on and claim against the Gross Revenues of the System. Second: To the payment of all amounts required to be deposited in the special Funds created and established for the payment, security and benefit of Prior Lien Obligations in accordance with the terms and provisions of the ordinances authorizing the issuance of Prior Lien Obligations. Third: Equally and ratably, to the payment of the amounts required to be deposited in the special funds and accounts created and established for the payment of the Previously Issued Certificates, the Certificates (the Certificate Fund), and Additional Certificates. Any Net Revenues remaining in the System Fund after satisfying the foregoing payments, or making adequate and sufficient provision for the payment thereof, may be appropriated and used for any other City purpose now or hereafter permitted by law. SECTION 15: Deposits to Certificate Fund. The City hereby covenants and agrees to cause to be deposited to the credit of the Certificate Fund prior to each principal and interest payment date for the Certificates from the pledged Net Revenues of the System in the'System Fund, after the deduction of all payments required to be made to the special Funds or accounts created for the payment and security of the Prior Lien Obligations, an amount equal to one hundred per centum (100%) of the amount required to fully pay the interest and principal payments then due and payable on the Certificates, such deposits to pay accrued interest and maturing principal on the Certificates to be made in substantially equal monthly installments on or before the 10th day of each month beginning on or before the 10th day of the month following the date of delivery of the Certificates to the initial purchaser. The monthly deposits to the Certificate Fund, as hereinabove provided, shall be made until such time as such Fund contains an amount equal to pay the principal of and interest on the Certificates to maturity. Accrued interest received from the purchasers of the Certificates deposited to the Certificate Fund and ad valorem taxes levied, collected and deposited in the Certificate Fund for and on behalf of the Certificates may be taken into consideration and reduce the amount of the monthly deposits otherwise required to be deposited in the Certificate Fund from the Net Revenues of the System. In addition, any proceeds of sale of the Certificates in excess of the amount required to pay the contractual obligations to be incurred (including • . -19- change orders to a construction contract) shall be deposited in the Certificate Fund, which amount shall reduce the sums otherwise required to be deposited in said Fund from ad valorem. taxes and the Net Revenues of the System. SECTION 16: Security of Funds. All moneys on deposit in the Funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested) shall be secured in the manner and to the fullest extent required by the laws of Texas for the security of public funds, and moneys on deposit in such Funds shall be used only for the purposes permitted by this Ordinance. SECTION 17: Special Covenants. The City hereby further covenants as follows: (a) It has the lawful power to pledge the Net Revenues of the System to the payment of the Certificates in the manner herein contemplated and has lawfully exercised such power under the Constitution and laws of the State of Texas, including said power existing under V.T.C.A, Government Code, Sections 1502.56 and 1502.58 and V.T.C.A., Local Government Code, Sections 271.041, et seq. (b) Other than for the payment of the outstanding Prior Lien Obligations, Previously Issued Certificates, the Certificates and the outstanding "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1990", dated August 1, 1990 and "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1992", dated May 1, 1992, "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1994", dated December 1, 1994, "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1996", dated February 15, 1996, "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1997", dated February 15, 1997, "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1998", dated May 15, 1998, "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1999", dated April 1, 1999, and the "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 2000", dated March 1, 2000, the Net Revenues of the System. have not in any manner been pledged to the payment of any debt or obligation . of the City or of the System. SECTION 18: Issuance of Prior Lien Obligations and Additional Certificates The City hereby expressly reserves the right to hereafter issue Prior Lien Obligations, without limitation as to principal amount but subject to any terms, conditions or restrictions applicable thereto -20- under law or otherwise, and, also reserves the right to issue Additional Certificates which, together with the Certificates, shall be equally and ratably secured by a parity lien on and • pledge of-the Net Revenues of the System. SECTION 19: Application of Prior Lien Obligations Covenants and Agreements It is the intention of this governing body and accordingly hereby recognized and stipulated that the provisions, agreements and covenants contained herein bearing upon the management and operations of the System, and the administering and application of revenues derived from the operation thereof, shall to the extent possible be harmonized with like provisions, agreements and covenants contained in the ordinances authorizing the issuance of the Prior Lien Obligations, and to the extent of any irreconcilable conflict between the provisions contained herein and in the ordinances authorizing the issuance of the Prior Lien Obligations, the provisions, agreements and covenants contained therein shall prevail to the extent of such conflict and be applicable to this Ordinance but in all respects subject to the priority of rights and benefits, if any, conferred thereby to the holders of the Prior Lien Obligations. Notwithstanding the above, any change or modification affecting the application of revenues - derived from the operation of the System shall not impair the obligation of contract with respect to the pledge of revenues herein made for the payment and security of the Certificates. SECTION 20: Mutilated - Destroyed - Lost and Stolen Certificates. In case any Certificate shall be mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a replacement Certificate of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Certificate, or in lieu of and in substitution for such destroyed, lost or stolen Certificate, only upon the approval of the City and after(i)the filing by the Holder thereof with the Paying Agent/Registrar of evidence satisfactory to the Paying Agent/Registrar of the destruction, loss or theft of such Certificate, and of the authenticity of the ownership thereof and (ii) the furnishing to the Paying Agent/Registrar of indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Certificate shall be borne by the Holder of the Certificate mutilated, or destroyed, lost or stolen. Every replacement Certificate issued pursuant to this Section shall be a valid and binding obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Certificates; notwithstanding the enforceability of payment by anyone of the destroyed, lost, or stolen Certificates. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Certificates. SECTION 21: Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and -21- interest on the Certificates, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and the Net Revenues of the System (to the extent such pledge of Net Revenues shall not have been discharged or terminated by prior payment of principal of or interest on the Certificates) and all covenants, agreements, and other obligations of the City to the-Holders shall thereupon cease, terminate, and be discharged and satisfied. Certificates or any principal amount(s) thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Certificates or the principal amount(s) thereof at maturity or the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any moneys deposited therewith, if any, to pay when due the principal of and interest on such Certificates, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/ Registrar have been made) the redemption date thereof. The City covenants that no deposit of moneys or Government Securities will be made under this Section and no use made of any such deposit which would cause the Certificates to be treated as "arbitrage bonds"within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, or regulations adopted pursuant thereto. Any moneys so deposited with the Paying Agent/ Registrar, or an authorized escrow agent, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment • of the Certificates, or any principal amount(s) thereof, or interest thereon with respect to which such moneys have been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Certificates and remaining unclaimed for a period of three (3) years after the Stated Maturity, or applicable redemption date, of the Certificates such moneys were deposited and are held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor. Notwithstanding the above and foregoing, any remittance of funds from the Paying Agent/Registrar to the City shall be subject to any applicable unclaimed property laws of the State of Texas. SECTION 22: Ordinance a Contract-Amendments. This Ordinance shall constitute a contract with the Holders from time to time, be binding on the City, and shall not be amended or repealed by the City while any Certificates remain Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission • -22- 5.-/7/ — V herein. In addition, the City may, with the consent of Holders holding a majority in aggregate principal amount of the Certificates then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Holders of Outstanding Certificates, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of, premium, if any, and interest on the Certificates, reduce the principal amount thereof, the redemption price or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, premium,;if any, or interest on the Certificates, (2) give any preference to any Certificate over any other Certificate, or(3) reduce the aggregate principal amount of Certificates required to be held by Holders for consent to any such amendment, addition, or rescission. SECTION 23: Covenants to Maintain Tax-Exempt Status. (a) , Definitions. When used in this Section, the following terms have the following meanings: "Closing Date" means the date on which the Certificates are first authenticated and delivered to the initial purchasers against payment therefor. "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. "Computation Date"has the meaning set forth in Section 1.148-1(b) of the Regulations. "Gross Proceeds"means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section , 1.148-1(c) of the Regulations, of the Certificates. "Investment"has the meaning set forth in Section 1.148-1(b) of the Regulations. "Nonpurpose Investment"means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Certificates are invested and which is not acquired to carry out the governmental purposes of the Certificates. "Rebate Amount"has the meaning set forth in Section 1.148-1(b) of the Regulations. "Regulations"means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Certificates. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or,replace the specific Regulation referenced. -23- "Yield"of(1) any Investment has the meaning set forth in Section 1.148- 5 of the Regulations and (2) the Certificates has the meaning set forth in Section 1.148-4 of the Regulations. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross; Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Certificate to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Certificate, the City shall comply with each of the specific covenants in this Section. (c) No Private Use or Private Payments. Except as permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Certificates: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Certificates, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Certificates or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. (d) No Private Loan. Except to the extent permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Certificates to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned"to a person or entity if: (1) property acquired, constructed or improved with such .Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt • -24- s� for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output or similar contract or arrangement; or (3) • indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of - the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Certificates directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so invested), if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced thereby), whether then held or previously disposed of, exceeds the Yield of the Certificates. (f) Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Certificates to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. (g) Information Report. The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. • (h) Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Certificate is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Certificates with other money of the City, provided that the City separately accounts for each receipt and expenditure.of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Certificates until six years after the final Computation Date. (3) As additional consideration for the purchase of the Certificates by the Purchasers and the loan of the money represented thereby and in order to -25- induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States out of the Certificate Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Certificates equals (i) in the case of a Final Computation Date as defined in Section 1.148 3(e)(2) of the Regulations, one hundred percent (100%) of the Rebate Amount. on such date; and (ii) in the case of any other Computation Date, ninety percent (90%) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to.the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038-T or such other • forms and information as is or may be required by Section 148(f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a , reasonable amount of time thereafter(and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148-3(h) of the Regulations. (i) Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Certificates, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection (h) of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Certificates not been relevant to either party. . Q) Elections. The City hereby directs and authorizes the Mayor, City Secretary, City Manager and Director of Finance, individually or jointly, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Certificates, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. ' SECTION 24: Sale of Certificates - Official Statement Approval. The Certificates authorized by this Ordinance are hereby sold by the City to J.P. Morgan Securities Inc. and ' Dain Rauscher Incorporated (herein referred to as the "Purchasers") in accordance with the Purchase Contract, dated March 7, 2000, attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes. The Mayor is hereby authorized and directed to execute said Purchase Contract for and on behalf of the City and as the act and -26- deed of this Council, and in regard to the approval and execution of the Purchase Contract, the Council hereby finds, determines and declares that the representations, warranties and agreements of the City (contained therein) are true and correct in all material respects and shall be honored and performed by the City. Furthermore, the use of the Official Statement by the Purchasers in connection with the public offering and sale of the Certificates is hereby ratified, confirmed and approved in all respects. The final Official Statement, which reflects the terms of sale, attached as exhibit A to. the Purchase Contract (together with such changes approved by the Mayor, City Manager, Director of Finance or City Secretary, individually or collectively), shall be and is hereby in all respects approved, and the Purchasers are hereby authorized to use and distribute said final Official Statement, dated March 7, 2000, in the reoffering, sale and delivery of the Certificates to the public. The Mayor and City Secretary are further authorized and directed to manually execute and deliver for and on behalf of the City copies of said Official Statement in final form as may be required by the Purchasers, and such final Official Statement in the form and content manually executed by said officials shall be deemed to be approved by the City Council and constitute the Official Statement authorized for distribution and use by the Purchasers. SECTION 25: Proceeds of Sale. The proceeds of sale of the Certificates, excluding the accrued interest and premium, if any, received from the.Purchasers, shall be deposited in a construction fund maintained at the City's depository bank. Pending expenditure for authorized projects and purposes, such proceeds of sale may be invested in authorized investments and any investment earnings realized may be expended for such authorized projects and purposes or deposited in the Certificate Fund as shall be determined by the City Council. Accrued interest and premium, if any, as well as all surplus proceeds of sale of the Certificates,. including investment earnings, remaining after completion of all authorized projects or purposes shall be deposited to the credit of the Certificate Fund. SECTION 26: Control and Custody of Certificates. The Mayor of the City shalll,be and is hereby authorized to take and have charge of all necessary orders and records pending the sale of the Certificates, the investigation by the Attorney General of the State of Texas, including the printing and supply of definitive Certificates, and shall take and have charge and control of the Initial Certificate(s) pending the approval thereof by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery thereof to the Purchasers. Furthermore, the Mayor, Mayor Pro Tem, City Secretary, Director of Finance and City Manager, any one or more of said officials, are hereby authorized and directed to furnish and execute such documents and certifications relating to the City and the issuance of the Certificates, including a certification as to facts, estimates, circumstances and reasonable expectations pertaining to the use and expenditure and investment of the proceeds of the Certificates as may be necessary for the approval of the Attorney General and their registration by the Comptroller of Public Accounts. In addition, such officials, together with the City's -27- financial advisor, bond counsel and the Paying Agent/Registrar, are authorized and directed to make the necessary arrangements for the delivery of the Initial Certificate(s) to the Purchasers and the initial exchange thereof for definitive Certificates. SECTION 27: Notices to Holders-Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States Mail, first class postage prepaid, to the address of each Holder appearing in the Security Register at the close of business'on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Certificates. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 28: Cancellation. All Certificates surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly cancelled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already cancelled, shall be promptly cancelled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Certificates previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Certificates so delivered shall be promptly _ ` cancelled by the Paying Agent/Registrar. All cancelled Certificates held by the Paying; Agent/Registrar shall be returned to the City. SECTION 29: Bond Counsel's Opinion. The Purchasers' obligation to accept delivery of the Certificates is subject to being furnished a final opinion of Fulbright & Jaworski L.L.P., Dallas, Texas, approving the Certificates as to their validity, said opinion to be dated and delivered as of the date of delivery and payment for the Certificates. An executed counterpart of said opinion shall accompany the global certificates deposited with The Depository Trust Company or a reproduction thereof shall be printed on the definitive Certificates in the event the book entry only system shall be discontinued. ' SECTION 30: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Certificates. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Certificates shall be of no significance or effect as regards the legality thereof and neither the City nor attorneys approving the Certificates as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Certificates. ' -28- S^ ki -�3a SECTION 31: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, the Paying Agent/Registrar and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, and this Ordinance and all its provisions is intended to be and shall be for the sole and exclusive benefit of the City, the Paying Agent/Registrar and the Holders. SECTION 32: Inconsistent Provisions. All ordinances, orders or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 33: Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 34: Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 35: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 36: Severability. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application thereof to other circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 37: Continuing Disclosure Undertaking. (a) Definitions. As used in,this. Section, the following terms have the meanings ascribed to such terms below: "MSRB" means the Municipal Securities Rulemaking Board. "NRMSIR" means each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. "SID" means any person designated by the State of Texas or an authorized department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository within the meaning of the Rule from time to time. -29- (b) Annual Reports. The City shall provide annually to each NRMSIR and any SID, within six months after the end of each fiscal year (beginning with the fiscal year ending September 30, 2000) financial information and operating data with respect to the City of the general type included in the final Official Statement approved by Section 24 of this Ordinance, being the information described in Exhibit C hereto. Financial statements to be provided shall be (1) prepared in accordance with the accounting principles described in Exhibit C hereto and (2) audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If audited financial statements are not available at the time the financial information and operating data must be provided, then the City shall provide unaudited financial statements for the applicable fiscal year to each NRMSIR and any SID with the financial information and operating data and will file the annual audit report, when and if the same becomes available.- If the City changes its fiscal year, it will notify each NRMSIR and any SID of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant tathis Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, if it is available from the MSRB) that theretofore has been provided to each NRMSIR and any SID or filed with the SEC. (c) Material Event Notices. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any of the following events with respect to the Certificates, if such event is material within the meaning of the federal securities laws: 1. Principal and interest payment delinquencies; 2. Non-payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax-exempt status of the Certificates; 7. Modifications to rights of holders of the Certificates; 8. Certificate calls; 9. Defeasances; 10. Release, substitution, or sale of property securing repayment of the Certificates; and " 11. Rating changes. " -30- The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with subsection (b) of this Section by the time required by such Section. (d) Limitations, Disclaimers, and Amendments. The City shall be obligated'to observe and perform the covenants specified in this Section while, but only while, the City remains an "obligated person"with respect to the Certificates within the meaning of the Rule, except that the City in any event will give the notice required by subsection (c) hereof of any Certificate calls and defeasance that cause the City to be no longer such an "obligated; person." The provisions of this Section are for the sole benefit of the Holders and beneficial owners of the Certificates, and nothing in this Section, express or implied, shall give - any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Certificates at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing its obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. The provisions of this Section may be amended by the City from time to,time to adapt to changed circumstances resulting from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if(1) the provisions of this Section, as so amended, would have permitted underwriters to purchase -31- or sell Certificates in the primary offering of the Certificates in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the Holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Certificates consent to such amendment or (b) a Person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the Holders and beneficial owners of the Certificates. The provisions of this Section may also be amended - from time to time or repealed by the City if the SEC amends or repeals the applicable provisions of the Rule or a court of final jurisdiction determines that such provisions are invalid, but only if and to the extent that reservation of the City's right to do so would not prevent underwriters of the initial public offering of the Certificates from lawfully purchasing or selling Certificates in such offering. If the City so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection (b) an explanation,in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. SECTION 38: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. SECTION 39: Effective Date. This Ordinance shall take effect and be in full force immediately from and after its date of adoption shown below. PASSED ON-FIRST READING, February 15, 2000. PASSED ON SECOND READING AND ADOPTED, this March 7, 2000. CITY OF SOUTHLAKE, TEXAS Mayor ATTEST: City Secretary . . . (City Seal) APPROVED AS TO LEGALITY: City Attorney • -32- - y Exhibit C to Ordinance DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 37 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: 1. The financial statements of the City appended to the Official Statement as Appendix B, but for the most recently concluded fiscal year. 2. The information contained in Tables 1 through 6 and 8 through 14 of the Official Statement. Accounting Principles The accounting principles referred to in such Section are the generally accepted accounting principles as applicable to governmental units as prescribed by The Government Accounting Standards Board. • • C:\TEMP\SOUTHLAKE 2000A ORDINANCE.DOC l.1LJ' Ul i7ULL1.111t111G, 1 GAaA l MEMORANDUM TO: Billy Campbell, City Manager FROM: Sharen Elam, Director of Finance Ext. 716 SUBJECT: Ordinance No. 766, ls` Reading, Authorizing the Issuance of Certificates of Obligation, Series 2000-B. Action Requested: Approval of Ordinance No. 766 on 1st reading to issue certificates of obligation for Town Hall project within the Tax Increment Reinvestment Zone. Background Information: On January 18, 2000, the Council approved Resolution No.00-07. This authorized the publication of a notice in the newspaper of the city's intent to issue certificates of obligation. The certificates are issued by adoption of an ordinance, with the 1' and 2nd readings scheduled for February 15 and March 7. The City would receive funding mid April. A copy of the proposed schedule of events if included with Ordinance No. 764. The proceeds from the bonds will be used for constructing and equipping the Town Hall building. Financial Considerations: The certificates of obligation will be issued with a dedicated pledge of accumulated tax increment reinvestment zone revenues, and backup pledge of the City's property tax. The reinvestment zone was created effective January 1, 1997, meaning that date is the baseline for the values within the zone. City, county, hospital district, junior college and Carroll school district property taxes collected on the increment values after that date are dedicated to the zone, and will be used to fund the Town Hall and other infrastructure improvements within the zone. Citizen Input/ . _ Board Review: A Public Hearing is scheduled for March 7th with the second reading of the ordinance to issue the certificates. Legal Review: Ed Esquivel with the law firm Fulbright and Jaworski serves as the City's bond counsel, and as such has prepared the ordinance. Billy Campbell, City Manager February 11,2000 Page 2 Alternatives: None available other than pay-as-you-go within the Tax Increment Reinvestment Zone. Supporting Documents: Ordinance No. 766. Staff Recommendation: Approval of Ordinance No. 766, 1st reading, authorizing the issuance of $11,940,711 Certificates of Obligation, Series 2000-B. 4 ORDINANCE NO. 766 AN ORDINANCE authorizing the issuance of"CITY OF SOUTHLAKE, TEXAS, TAX AND TAX INCREMENT REVENUE CERTIFICATES OF OBLIGATION, SERIES 2000-B (REINVESTMENT ZONE NUMBER. ONE)"; specifying the terms and features of said certificates; providing for the payment of said certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a lien on and pledge of the certain tax increment revenues; and resolving other matters incident and relating to the issuance, payment, security, sale and delivery of said - Certificates, including the approval and execution of a Paying Agent/Registrar Agreement and a Purchase Contract and the approval and distribution of an Official Statement; and providing an effective date. WHEREAS, notice of the City Council's intention to issue certificates of obligation in a maximum maturity amount (not to exceed $24,500,000) to produce a principal amount not to exceed $12,000,000 for the purpose of paying contractual obligations to be incurred for(a) the construction of public works in Reinvestment Zone Number One, to wit: acquiring, constructing and equipping a city hall, including related site improvements and landscaping and (b) professional services rendered in relation to such project and the financing thereof, has been duly published in The Fort Worth Star Telegram, a newspaper reby found and deter' ined to be of general circulation in the City of Southlake, Texas, on 0 9 , 2000 and 2 , 2000, the date the first publication of such notice being not I ss than fifteen (15) days prior to the tentative date stated therein for the second reading and final passage of the ordinance authorizing the issuance of such certificates; and ` ; WHEREAS, no petition protesting the issuance of the certificates of obligation and bearing valid petition signatures of at least 5% of the qualified electors of the City, has been presented to or filed with the Mayor, City Secretary or any other official of the City on or prior to the date of the passage of this ordinance; and 'WHEREAS, the Council hereby finds and determines all of the certificates of obligation described in the aforesaid notice should be issued and sold at this time; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1: .Authorization, Designation, Principal Amount, Purpose, Certificate Date. Certificates of obligation of the City shall be and are hereby authorized to be issued in the aggregate principal amount of$ I qy-L>0l 1 , to be designated and bear the title "CITY OF SOUTHLAKE, TEXAS, TAX AND TAX INCREMENT REVENUE CERTIFICATES OF OBLIGATION, SERIES 2000-B (REINVESTMENT ZONE NUMBER ONE)", hereinafter referred to as the "Certificates", for the purposes of paying contractual obligations to be incurred for(a) the construction of public works in Reinvestment Zone Number One, to wit: acquiring, constructing and equipping a new city hall, including related site improvements and landscaping and (b) professional services rendered in relation to such project and the financing thereof, pursuant to authority conferred by and in conformity with the Constitution and laws of the State of Texas, including V.T.C.A., Local Government Code, Subchapter C of Chapter 271, as amended. The Certificates shall be dated March 1, 2000 (the "Certificate Date"). SECTION 2: Non-Interest Paying Obligations -Terms. The Certificates shall be issued, as fully registered obligations, without coupons, and as "Capital Appreciation Certificates" (obligations paying no accrued interest to the holders or owners prior to maturity) in the aggregate Maturity Amount (the "Accreted Value" [as hereinafter defined] at maturity) of$ The Certificates shall each be issued in Maturity Amounts of$5,000, or any integral multiple thereof, shall be numbered consecutively from One (1) upward, and the Certificates shall be issued in the original principal amounts, which shall accrue interest at the stated interest rate(s), and shall become due and payable on February 15 in each of the years (the "Stated Maturities") and in the Maturity Amounts as follows: Year of Original Principal Maturity Stated Maturity Amount Amount Yield(s) 2002 $ $ ,000 2003 ,000 2004 ,000 2005 ,000 2006 ,000 2007 ,000 2008 ,000 2009 ,000 '% 2010 ,000 2011 ,000 2012 ,000 2013 ,000 2014 ,000 2015 ,000 2016 ,000 2017 ,000 2018 ,000 Interest on the Certificates shall accrue from the date of delivery of the Certificates to the initial purchasers (April 11, 2000), and such interest shall compound semiannually on February 15 and August 15 in each year, commencing August 15, 2000, until their Stated Maturity or earlier redemption. The accrued interest on the Certificates shall be payable at maturity as a portion of the Maturity Amount. The term "Accreted Value", as used herein with respect to Certificates,,shall mean the original principal amount of a Certificate plus the initial premium, if any, paid therefor with interest thereon compounded semiannually to February 15 or August 15, as the case may be, next preceding the date of such calculation (or the date of calculation, if such calculation is made on February 15 or August 15), at the respective stated yield(s) noted above and, with respect to each $5,000 Accreted Value at maturity, as set forth in the Table of Accreted Values SOUTHLAKE 2000B ORDINANCE.doc c/i) appearing in Exhibit A attached hereto and incorporated herein by reference as a part hereof for all purposes. For any day other than a February 15 or August 15, the Accreted Value of a Certificate shall be determined by a straight line interpolation between the values for the applicable semiannual compounding dates (based on 30-day months). SECTION 3: Terms of Payment-Paying Agent/Registrar. The principal of, premium, if any, and the interest on the Certificates, due and payable by reason of maturity, redemption or otherwise, shall be payable only to the registered owners or holders of the Certificates (hereinafter called the "Holders") appearing on the registration and transfer books maintained by the Paying Agent/Registrar and.the payment thereof shall be in any coin or currency of the United States of America, which at the time of payment is legal tender for the payment of public and private debts, and shall be without exchange or collection charges to the Holders. The selection and appointment of Chase Bank of Texas, National Association, to serve as Paying Agent/Registrar for the Certificates is hereby approved and confirmed. Books and records relating to the registration, payment, exchange and transfer of the Certificates (the "Security Register") shall at all times be kept and maintained on behalf of the City by the Paying Agent/Registrar, all as provided herein, in accordance with the terms and provisions of a "Paying Agent/Registrar Agreement", substantially in the form attached hereto as Exhibit B, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe: The Mayor and City Secretary of the City are hereby authorized to execute and deliver said Agreement in connection with the delivery of the Certificates. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Certificates are paid and discharged, and any successor Paying Agent/Registrar shall be a bank, trust company, financial institution or other entity qualified and authorized to serve in such capacity and perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Certificates, the City agrees to promptly cause a written notice thereof to be sent to each Holder by United States Mail, first class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. The Certificates shall be payable at their Stated Maturities or upon their earlier redemption only upon presentation and surrender of the Certificates to the Paying Agent/Registrar at its designated office in Dallas, Texas (the "Designated Payment/Transfer Office"). If the date for the payment of the Certificates shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the City where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. SECTION 4: -Redemption. (a) Optional Redemption The Certificates having Stated Maturities on and after February 15, 2003, shall be subject to redemption prior to maturity, at the option of the City, in whole or in part in Maturity Amounts of$5,000 or any integral multiple thereof(and if within a Stated Maturity by lot by the Paying Agent/Registrar), on February 15, 2002, or on any date thereafter at the redemption price of the "Accreted Value" as of the date of SOUTHLAKE 2000B ORDINANCE.doc • • f/U redemption (such Accreted Value to be calculated in accordance with Section 2 hereof and the Table of Accreted Values attached hereto). (b) Exercise of Redemption Option. At least forty-five (45) days prior to a redemption date for the Certificates (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of the decision to redeem Certificates, the Maturity Amount of each Stated Maturity to be redeemed, and the date of redemption therefor. The decision of the City to exercise the right to redeem Certificates shall be entered in the minutes of the governing body of the City. (c) Selection of Certificates for Redemption. If less than all Outstanding Certificates of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/ Registrar shall treat such Certificates as representing the number of Certificates Outstanding which is obtained by dividing the Maturity Amount of such Certificates by $5,000 and shall select the Certificates to be redeemed within such Stated Maturity by lot. (d) Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Certificates, a notice of redemption shall be sent by United States Mail, first class postage prepaid, in the name of the City and at the City's expense, to each.Holder of a Certificate to be redeemed in whole or in part at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Certificates, (ii) identify the Certificates to be redeemed and, in the case of a portion of the Maturity Amount to be redeemed, the Maturity Amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Certificates, or the portion of the Maturity Amount thereof to be redeemed, shall become due and payable on the redemption date specified and the Certificate, or on the portion of the Maturity Amount thereof to be redeemed, shall cease to accrete in value from and after the redemption date, provided moneys sufficient for the payment of such Certificate (or the Maturity Amount thereof to be redeemed) at the then applicable redemption price are held for the purpose of such payment by the Paying Agent/Registrar and (v) specify that payment of the redemption price for the Certificates, or the Maturity Amount thereof to be redeemed, shall be made at the Designated Payment/Transfer Office of the Paying Agent/Registrar only upon presentation and surrender of the Certificates: If a Certificate is subject by its terms to prior redemption and has been called for redemption and notice of redemption has been duly given as hereinabove provided, such Certificate (or the Maturity Amount thereof to be redeemed) shall become due and payable and the Certificates shall cease to accrete in value from and.after the redemption date therefor. SECTION 5: Registration -Transfer- Exchange of Certificates- Predecessor Certificates. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of each and every owner of the Certificates issued under and _ pursuant to the provisions of this Ordinance, or if appropriate, the nominee thereof. Any Certificate may be transferred or exchanged for Certificates of like maturity and amount and in authorized denominations by the Holder, in person or by his duly authorized agent, upon SOUTHLAKE 2000B ORDINANCE.doc /v r surrender of such Certificate to the Designated Payment/Transfer Office of the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender of any Certificate (other than the Initial Certificate authorized in Section 8 hereof) for transfer at the Designated Payment/Transfer Office of the Paying Agent/,Registrar, one or more new Certificates shall be registered and issued to the assignee or transferee of the previous Holder; such Certificates to be in authorized denominations, of like Stated Maturity and of a like aggregate Maturity Amount as the Certificate or Certificates surrendered for transfer. At the option of the Holder, Certificates (other than the Initial Certificate authorized in Section 8 hereof) may be exchanged for other Certificates of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate Maturity Amount as the Certificates surrendered for exchange, upon surrender of the Certificates to be exchanged at the Designated Payment/Transfer Office of the Paying Agent/Registrar. Whenever any Certificates are surrendered for exchange, the Paying Agent/Registrar shall register and deliver new Certificates to the Holder requesting the exchange. All Certificates issued in any transfer or exchange of Certificates shall be delivered to the Holders at the Designated Payment/Transfer Office of the Paying Agent/Registrar or sent by United States Mail,first class, postage prepaid to the Holders, and, upon the registration and delivery thereof, the same shall be the valid obligations of the City, evidencing the,same obligation to pay, and entitled to the same benefits under this Ordinance, as the Certificates surrendered in such transfer or exchange. • All transfers or exchanges of Certificates pursuant to this Section shall be a made without . expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Certificates cancelled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be "Predecessor Certificates," evidencing all or a portion, as the case may be, of the same obligation to pay evidenced by the new Certificate or Certificates registered and delivered in the exchange or transfer therefor. Additionally, the term "Predecessor Certificates"shall include any mutilated, lost, destroyed, or stolen Certificate for which a replacement Certificate has been issued, registered and delivered in lieu thereof pursuant to the provisions of Section'18 hereof and such new replacement Certificate shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Certificate. Neither the City nor the Paying Agent/ Registrar shall be required to issue or transfer to an assignee of a Holder any Certificate called for redemption, in whole or in part, within 45 days of the date fixed for the redemption of such Certificate; provided, however, such limitation on _ transferability shall not be applicable to an exchange by the Holder of the unredeemed balance of a Certificate called for redemption in.part. SOUTHLAKE 2000B ORDINANCE.doc y r SECTION 6: Book-Entry Only Transfers and Transactions. Notwithstanding the provisions contained in Sections 3, 4 and 5 hereof relating to the payment, and transfer/exchange of the Certificates, the City hereby approves and authorizes the use of "Book-Entry Only" securities clearance, settlement and transfer system provided by The Depository Trust Company (DTC), a limited purpose trust company organized under the laws of the State of New York, in accordance with the operational arrangements referenced in the Blanket Issuer Letter of Representation, by and between the City and DTC (the "Depository Agreement"). Pursuant to the Depository Agreement and the rules of DTC, the Certificates shall be deposited with DTC who shall hold said Certificates for its participants (the'"DTC'Participants"). While the Certificates are held by DTC under the Depository Agreement, the Holder of the Certificates on the Security Register for all purposes, including payment and notices,shall be Cede &Co., as nominee of DTC, notwithstanding the ownership of each actual purchaser or owner of each Certificate (the "Beneficial Owners") being recorded in the records of DTC and DTC Participants. In the event DTC determines to discontinue serving as securities depository:for the Certificates or otherwise ceases to provide book-entry clearance and settlement of securities transactions in general or the City determines that DTC is incapable of properly discharging its duties as securities depository for the Certificates, the City covenants and agrees with the Holders of the Certificates to cause Certificates to be printed in definitive form and provide for the Certificate certificates to be issued and delivered to DTC Participants and Beneficial Owners, as the case may be. Thereafter, the Certificates in definitive form shall be assigned, transferred and exchanged on the Security Register maintained by the Paying Agent/Registrar and payment of such.Certificates shall be made in accordance with the provisions of Sections 3, 4 and 5 hereof. SECTION 7: Execution - Registration. The Certificates shall be executed on behalf of the City by the Mayor under its seal reproduced or impressed thereon and countersigned by the City Secretary. The signature of said officers on the Certificates may be manual or facsimile. Certificates bearing the manual or facsimile signatures of individuals who are or were the proper officers of the City on the Certificate Date shall be deemed to be duly executed on behalf of the City, notwithstanding that one or more of the individuals executing the same shall cease to be such officer at the time of delivery of the Certificates to the initial purchaser(s) and with respect to Certificates delivered in subsequent exchanges and transfers, all as authorized and provided in V.T.C.A., Government Code, Chapter 1207. No Certificate shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Certificate either a certificate of registration substantially in the form provided in Section 9C, manually executed by the Comptroller of Public Accounts of the State of Texas, or his duly authorized agent, or a certificate of registration substantially in the form provided in Section 9D, manually executed by an authorized officer, employee or representative of the Paying Agent/Registrar, and either such _ certificate duly signed upon any Certificate shall be conclusive evidence, and the only evidence, that such Certificate has been duly certified, registered and delivered: SOUTHLAKE 2000B ORDINANCE.doc 571/ SECTION 8: Initial Certificate. The Certificates herein authorized shall be initial) issued as a single fully registered Certificate in the aggregate Maturity Amount of$ G I with installments of such Maturity Amount to become due and payable as provide in Section 2 hereof and numbered T-1, (hereinafter called the "Initial Certificate") and the Initial Certificate shall be registered in the name of the initial purchaser(s) or the designee thereof. The Initial Certificate shall be the Certificates submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the initial purchaser(s). Any after the delivery of the Initial Certificate, the Paying Agent/Registrar, pursuant to written instructions from the initial purchaser(s), or the designee thereof, shall cancel the Initial Certificate delivered hereunder and exchange therefor definitive Certificates of authorized denominations, Stated Maturities, Maturity Amounts and accruing interest at like rates or stated yields for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial purchaser(s), or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 9: Forms. A. Forms Generaly. The Certificates, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Certificates, shall be substantially in the forms set forth in this Section with such appropriate. insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including insurance legends in the event the Certificates, or any maturities thereof, are purchased with insurance and any reproduction of an opinion of counsel) thereon as may, consistently herewith, be established by the City or determined by the officers executing such Certificates as evidenced by their execution. Any portion of the text of any Certificates may be set forth on the reverse thereof, with an appropriate reference thereto on the face'of the certificate. - The definitive Certificates and the Initial Certificate(s) shall be printed, lithographed, or engraved, typewritten, photocopied or otherwise reproduced in any other similar manner,all as determined by the officers executing such Certificates as evidenced by their execution. SOUTHLAKE 2000B ORDINANCE.doc B. Form of Certificates. REGISTERED REGISTERED NO. $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF SOUTHLAKE, TEXAS, TAX AND TAX INCREMENT REVENUE CERTIFICATE OF OBLIGATION, SERIES 2000 (REINVESTMENT ZONE NUMBER ONE) Certificate Date: Stated Yield: Stated Maturity: CUSIP NO: March 1, 2000 Registered Owner: Maturity Amount: DOLLARS The City of Southiake (hereinafter referred to as the "City"), a body corporate and municipal corporation in the Counties of Tarrant and Denton, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, on the Stated Maturity date specified above the Maturity Amount stated above (or such much thereof as shall not have been paid upon prior redemption). The Maturity Amount of this Certificate represents the accretion of the original principal amount of this Certificate (including the initial premium, if any, paid herefor) from the date of delivery to the initial purchasers (April 11, 2000) to the Stated Maturity and such accretion in value occurring at the above Stated Yield and compounding on August,15, 2000, and semiannually thereafter on February 15 and August 15. A table of the "Accreted Values" per $5,000 "Accreted Value" at maturity is attached hereto or printed on the reverse side of this Certificate. The term "Accreted Value", as used herein, means the original principal amount of this Certificate plus the initial premium, if any, paid herefor with interest thereon compounded semiannually to February 15 and August 15, as the case may be, next preceding the date of such calculation (or the date of calculation, if such calculation is made on February 15 or August 15) at the Stated Yield for the Stated Maturity shown above and in the Table of Accreted Values attached hereto or printed hereon. For any date other than February 15 or August 15, the Accreted Value of this Certificate shall be determined by a straight line interpolation between the values for the applicable semiannual compounding dates(based on 30-day months). The Maturity Amount of this Certificate is payable at its Stated Maturity or redemption to the registered owner hereof, upon presentation and surrender, - at the Designated Payment/Transfer Office of the Paying Agent/Registrar executing the registration certificate appearing hereon, or its successor;. provided, however, while this Certificate is registered to Cede & Co., the payment of the Maturity Amount upon a partial redemption of the Maturity Amount hereof may be accomplished without presentation and surrender of this Certificate. Payments of principal of and accrued and compounded interest on this Certificate shall be without exchange or collection charges to the owner hereof and in any coin or currency of the SOUTHLAKE 2000B ORDINANCE.doc United States of America which at the time of payment is legal tender for the payment of public and private debts. This Certificate is one of the series specified in its title issued in the aggregate principal amount of$ I 114 J r7 I I (herein referred to as the "Certificates") for the purposes of paying contract al obligations to be incurred -for (a) the construction of public. works in Reinvestment Zone Number One, to wit: acquiring, constructing and equipping a new city hall, including related site improvements and landscaping and (b) professional services rendered in relation to such project and the financing thereof, under and in strict conformity with the Constitution and laws of the State of Texas, particularly V.T.C:A., Local Government Code, Subchapter C of Chapter 271, as amended, and pursuant to an Ordinance adopted by the City Council of the City (herein referred to as the "Ordinance"). The Certificates pay no accrued interest prior to their Stated Maturities. The Certificates maturing on and after February 15,-2003, may be redeemed prior to their Stated Maturities, at the option of the City, in whole or in part in Maturity Amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar), on February 15, 2002, or on any date thereafter, at the redemption price of the Accreted Value (as determined and defined herein) as of the date of redemption. At least thirty (30) days prior to the date fixed for any redemption of Certificates, the City shall cause a written notice of such redemption to be sent by United States Mail, ,first class postage prepaid, to the registered owners of the Certificates to be redeemed, and subject to the terms and provisions relating thereto contained in the Ordinance. If a Certificate (or any portion thereof) shall have been duly called for redemption and notice of such redemption duly given, then upon such redemption date such Certificate (or the portion thereof to be redeemed) shall become due and payable, and shall cease to accrete invalue from and after the redemption date, provided moneys for the payment of the redemption price to the date of redemption are held for the purpose of such payment by the Paying Agent/Registrar. In the event a portion of the Maturity Amount of a Certificate is to be redeemed and the registered owner is someone other than Cede & Co., payment of the redemption price shall be made to the registered owner only upon presentation and surrender of such Certificate to the Designated Payment/Transfer Office of the Paying Agent/Registrar, and a new Certificate or Certificates of like maturity and interest rate in any authorized denominations provided by the Ordinance for the then unredeemed balance of the Maturity Amount thereof will be issued to the registered owner, without charge. If a Certificate is selected for redemption, in whole or in part, the City and the Paying Agent/Registrar shall not be required to transfer such Certificate to an assignee of the registered owner within 45 days of the redemption date therefor; provided, however; such limitation on transferability, shall not be applicable to an exchange by the registered owner of the unredeemed balance of a Certificate redeemed in part. The Certificates are payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property .in the City and, together with the Previously Issued Certificates (identified and defined in the Ordinance), are additionally payable from and secured by a lien on and pledge of Pledged Tax Increment Revenues (as defined in the Ordinance). In the Ordinance, the City reserves and retains the right to issue Additional SOUTHLAKE 2000B ORDINANCE.doc 5-/V /( Obligations payable, in whole or in part, from the Pledged Tax Increment Revenues and equally and ratably secured by a parity lien on and pledge of such Pledged Tax Increment Revenues without having to satisfy or comply with any terms or conditions precedent for their issuance other than as may be required by the laws of the State. Reference is hereby made to the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the Paying Agent/Registrar, and to all the provisions of which the owner or holder of this Certificate by the acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Certificates; the nature and extent of the pledge of the Pledged Tax Increment Revenues securing the payment of the Certificates; the terms and conditions relating to the transfer or, exchange of this Certificate; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which the tax levy and the pledge of the Pledged Tax.Increment Revenues and covenants made in the Ordinance may be discharged at or prior to the maturity of this Certificate, and this Certificate deemed to be no longer Outstanding thereunder; and for the other terms and provisions contained therein. Capitalized terms used herein have the meanings assigned in the Ordinance. This Certificate, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register only upon its presentation and surrender at the Designated Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by, the registered owner hereof, or his duly authorized agent. When a transfer on the Security Register occurs, one or more new fully .registered Certificates of the same Stated Maturity, of authorized denominations, accruing interest at the same rate or stated yield, and of the same aggregate Maturity Amount will be issued by the Paying Agent/Registrar to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall, treat the registered owner whose name appears on the.Security Register (i) on the date of surrender of this Certificate as the owner entitled to payment of the Maturity Amount at its Stated Maturity or the Accreted Value at its redemption, in whole or in part, and (ii) on any other date as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. It is hereby certified, recited, represented and declared that the City is a body corporate and political subdivision duly organized and legally existing under and by virtue of the Constitution and laws of the State of Texas; that .the issuance of the Certificates is duly authorized by law; that all acts, conditions and things required to exist and be done precedent to and in the issuance of the Certificates to render the same lawful and valid obligations of the City have been properly done, have happened and have been performed in regular and due time, form and manner as required by the Constitution and laws of the State of Texas, and the Ordinance; that the Certificates do not exceed any Constitutional or statutory limitation; and that due provision has been made for the payment of the principal of and interest on the Certificates as aforestated. In case any provision in this Certificate shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be - SOUTHLAKE 2000E ORDINANCE.doc .c/V /0S affected or impaired thereby. The terms and provisions of this Certificate and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the City Council of the City has caused this Certificate to be duly executed under the official seal of the City as of the Certificate Date. CITY OF SOUTHLAKE, TEXAS COUNTERSIGNED: Mayor City Secretary (SEAL) C. *Form of Registration Certificate of Comptroller of Public Accounts to appear on Initial Certificate(s) only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS ( REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that this Certificate has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller. of Public Accounts of.the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) *NOTE TO PRINTER:Do Not Print on Definitive Certificates • SOUTHLAKE 2000B ORDINANCE.doc D. Form of Certificate of Paying Agent/Registrar to appear on Definitive Certificates only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Certificate has been duly issued and registered under the provisions of the within-mentioned Ordinance; the certificate or certificates of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. The designated offices of the Paying Agent/Registrar located in Dallas, Texas, is the "Designated Payment/Transfer Office" for this Certificate. Registration Date: CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, as Paying Agent/Registrar By ' Authorized Signature E. Form of Assignment. ASSIGNMENT . FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee:) (Social Security or other identifying number: )the within Certificate and all rights thereunder, and ' hereby irrevocably constitutes and appoints attorney to transfer the within Certificate on the books kept for registration thereof, with full power of substitution in the premises. ' DATED: NOTICE:- The signature on this Signature guaranteed: assignment must correspond with the name' of, the registered owner as it appears on, the face of the within Certificate in every particular. F. The,Initial Certificate shall be in the form set forth therefor in paragraph B of this Section, except as follows: Heading and first two paragraphs shall be amended to read as follows: ' SOUTHLAKE 2000B ORDINANCE.doc ' i ' .5-4/ REGISTERED MATURITY AMOUNT NO. T-1 $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF_SOUTHLAKE, TEXAS, TAX AND TAX INCREMENT REVENUE CERTIFICATE OF OBLIGATION, SERIES 2000 , (REINVESTMENT ZONE NUMBER ONE) Certificate Date: CUSIP NO: March 1, 2000 Registered Owner: Maturity Amount: _ DOLLARS The City of Southlake (hereinafter referred to as the "City"), a body corporate and municipal corporation in the Counties of Tarrant and Denton, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the aggregate Maturity Amount stated above on February 15 in each of the years and in installments in accordance with the following schedule: Installment . Year of Maturity . Stated Maturity . Amount Yield(s) . (Information to be inserted from schedule in Section 2 hereof). (or so much thereof as shall not have been prepaid prior to maturity). The respective installments of the Maturity Amount hereof represents the accretion of the original principal amounts of each year of maturity from the date of delivery to the initial purchasers (April 11, 2000) to the respective years of maturity (including the initial premium, if any, paid by the initial purchasers) and such accretion in value occurring at the above Stated Yield(s) and compounding on August 15, 2000, and semiannually thereafter on February 15 and August 15. A table of the "Accreted Values" per$5,000 "Accreted Value" at maturity is attached hereto or printed on the reverse side of this Certificate. The term "Accreted Value", as used herein, means the original principal amount of this Certificate plus the initial premium, if any, paid herefor with interest.thereon compounded semiannually to February 15 and August 15, as the case may be, next preceding the date of such calculation (or the date of calculation, if such calculation is made on February 15 or August 15) at the respective Stated Yield(s) for the corresponding Stated Maturity shown above and in the Table of Accreted Values attached hereto or printed hereon. For any date other than February 15 or August 15, the Accreted Value-of this Certificate shall be determined by a straight line interpolation between the values for the applicable semiannual compounding dates (based on 30-day months). SOUTHLAKE 2000B ORDINANCE.doc {-11/ The installments of the Maturity Amount, or the appropriate redemption prices for such installments, are payable at maturity or redemption, as the case may be, to the registered owner hereof, without exchange or collection charges by Chase Bank of Texas, National Association (the Paying Agent/Registrar"), upon presentation and surrender, at its designated office in Dallas, Texas (the "Designated Payment/Transfer Office"), and shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. SECTION 10: Definitions. For purposes of this Ordinance and for clarity with respect to the issuance of the Certificates herein authorized, and the levy of taxes and appropriation of Pledged Tax Increment Revenues therefor, the following words or terms, whenever the same appears herein without qualifying language, are defined to mean as follows: (a) The term "Creation Ordinance" shall mean Ordinance No. 682, adopted by the City Council of the City on September 23, 1997, as amended by Ordinance No. 682-A adopted by the City Council of the City on December 2, 1997,. providing for the creation and establishment of the Zone. (b) The term "Additional Obligations" shall mean obligations hereafter issued which by their terms are payable, in whole or in part, from and secured by a parity lien on and pledge of the Pledged Tax Increment Revenues of the , Zone of equal rank and dignity with the lien and pledge securing the payment of the Previously Issued Certificates and the Certificates. (c) The term "Certificates" shall mean the "City of Southlake, Texas, Tax and Tax Increment Revenue Certificates of Obligation, Series 2000 (Reinvestment Zone Number One)" authorized by this Ordinance. (d) The term "Certificate Fund" shall mean the special Fund created and established under the provisions of Section 11 of this Ordinance, (e) The term "Collection Date" shall mean, when reference is being made to the levy and collection of annual ad valorem taxes, the date the,annual ad valorem taxes levied each year by-the City become delinquent.. (f) The term "Fiscal Year" shall mean the twelve month financial accounting period used by the City which may be any twelve consecutive , month period established by the City. (g) The term "Government Securities" shall mean shall mean (i) direct noncallable obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations unconditionally guaranteed or insured by the agency or instrumentality and on the date of their acquisition or purchase by the City are-rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent and (iii) noncallable obligations of a state or an agency or a county, SOUTHLAKE 2000B ORDINANCE.doc municipality, or other political subdivision of a state that have been refunded • and on the date of their acquisition or purchase by the City, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent. (h) The term "Outstanding"when used in this Ordinance with respect to Certificates means, as of the date of determination, all Certificates theretofore issued and delivered under this Ordinance, except: (1) those Certificates cancelled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) . those Certificates for which payment has been duly provided by the City in accordance with the provisions of Section 19 hereof; and (3) those Certificates that have been mutilated, destroyed, lost, or stolen and replacement Certificates have been registered and delivered in lieu thereof as provided in Section 18 hereof. _ (i) The term "Participating Taxing Units" shall mean the City and the following taxing units levying property taxes on real property in the Zone that have determined to deposit tax increment to the credit of the Tax Increment Fund pursuant to V.T.C.A., Tax Code, Section 311.013,.to wit: Tarrant County, Texas, Tarrant County Hospital District and Tarrant County Junior College District. (j) The term "Pledged Tax Increment Revenues" shall mean all amounts deposited by all Participating Taxing Units to the credit of the Tax Increment Fund as provided by V.T.C.A., Tax Code, Section 311.013. (k) The term "Previously Issued Certificates"shall mean the outstanding and unpaid certificates of obligation, payable from ad valorem taxes and additionally payable from and secured by a lien on and pledge of the Pledged ' Tax Increment Revenues, more particularly described as follows: "City of Southlake, Texas, Tax and Tax Increment Revenue Certificates of Obligation, Series 1999 (Reinvestment Zone Number One", dated June 1, 1999, and originally issued in the principal amount of$3,610,000. (I) The term "Tax Increment Fund" shall mean the Tax Increment Fund created and established pursuant to the Creation Ordinance. (k) The term "Zone" shall mean "Reinvestment Zone Number One, , City of Southlake, Texas", heretofore created pursuant to V.T.C.A., Tax Code, Chapter 311 and the Creation Ordinance. SOUTHLAKE 2000B ORDINANCE.doc 5-7// 7 SECTION 11: Certificate Fund. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption and retirement of the Certificates, there shall be and is hereby created a special account or fund on the books and records of the City known as the "SPECIAL SERIES 2000 TAX AND TAX INCREMENT REVENUE CERTIFICATE OF OBLIGATION FUND", and all moneys deposited to the credit of such Fund shall be shall be kept and maintained in a special banking account at the City's depository bank. Authorized officials of the City are hereby authorized and directed to make withdrawals from said Fund sufficient to pay the principal of and interest on the Certificates as the same become due and payable, and, shall cause to be transferred to the Paying Agent/Registrar from moneys on deposit in the Certificate Fund an amount sufficient to pay the amount of principal and/or interest falling due on the Certificates, such transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available.funds to be deposited with the Paying Agent/Registrar on or before the last business day next preceding each interest and principal payment date for the Certificates. Pending the transfer of funds to the Paying Agent/Registrar, money in the Certificate Fund may, at the option of the City, be invested in obligations identified in, and in accordance with the provisions of the"Public Funds Investment Act" (V.T.C.A., Government Code, Chapter 2256) relating to the investment of"bond proceeds"; provided that all such investments shall be made in such a manner that the money required to be expended from said Fund will be available at the proper time or times. All interest and income derived from deposits and investments in said Certificate Fund shall be credited to, and any losses debited to, the said Certificate Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Certificates. SECTION 12:. Tax Levy. To provide for the payment of the "Debt Service Requirements" on the Certificates being (i) the interest on said Certificates and (ii) a sinking fund for their redemption at maturity or a sinking fund of 2% (whichever amount shall be the greater), there shall be and there is hereby levied for the current year and each succeeding year thereafter while said Certificates or any interest thereon shall remain Outstanding, a sufficient tax on each one hundred dollars'valuation of taxable property in said City, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Certificate Fund. The City Council hereby declares its purpose and intent to provide and levy a tax-legally and fully sufficient to pay the said Debt Service Requirements, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness. Notwithstanding the requirements of this Section 12 for the levy of a sufficient ad valorem tax for the Debt Service Requirements of the Certificates, the amount of ad valorem taxes required to be levied for the payment of Debt.Service of the Certificates may be reduced by the sum of(i)the amount of Pledged Tax Increment Revenues then on deposit to the credit of the Tax Increment Fund at the time the City's annual tax rate is levied by the City Council and (ii) the amount of Pledged Tax Increment Revenues budgeted and appropriated for the payment of the Certificates from the tax levy then being made by the Participating Taxing Units. It is the intent of this Section 12 that the Certificates will be paid first from the Pledged SOUTHLAKE 2000B ORDINANCE.doc Tax Increment Revenues and from ad valorem taxes only to the extent such Pledged Tax Increment Revenues are insufficient for the payment of the Debt Service Requirements. SECTION 13: Pledge of Tax Increment Revenues. The City hereby covenants and agrees that the Pledged Tax Increment Revenues, with the exception of those in excess of the amounts required to be deposited to the Certificate Fund as hereafter provided, are hereby pledged, equally and ratably, to the payment of the principal of and interest on the Previously Issued Certificates, the Certificates, and Additional Obligations, if issued, and the pledge of Pledged Tax Increment Revenues for the payment of the Certificates shall constitute a lien on such Pledged Tax Increment Revenues in accordance with the terms and provisions hereof and be valid and binding without further action by the City and without any filing or recording except for the filing of this Ordinance in the records of the City. In accordance with the provisions of the Creation Ordinance, the City represents and warrants to the holders of the Certificates that it has established a Tax Increment Fund for the Zone, which Fund is maintained at a depository bank of the City, and while the Certificates are Outstanding, the City agrees to deposit to the credit of the Tax Increment Fund all Pledged Tax Increment Revenues from the Participating Taxing Units when and as such Revenues are received in accordance with V.A.T.C., Tax Code, Section 311.013. SECTION 14: Deposits to Certificate Fund. The City hereby covenants and agrees to cause to be deposited to the credit of the Certificate Fund prior to each principal and interest payment date for the Certificates from the Pledged Tax Increment Revenues an amount equal to one hundred per centum (100%) of the amount required to fully pay the interest and. principal payments then due and payable on the Certificates, such deposits to pay accrued interest and maturing principal on the Certificates to be made in substantially equal semiannual installments on or before the tenth day of each February and August of each year, beginning with the February or August first to follow the delivery of'the Certificates to the initial purchaser. The semiannual deposits to the Certificate Fund, as hereinabove provided, shall be made until such time as such Fund contains an amount equal to the amount to pay in full the principal of and interest on all the Certificates until their maturity or their scheduled redemption. date. In addition, the accrued interest received from the sale of the Certificates and any proceeds of sale of the Certificates in excess of the amount required to pay the contractual obligations to be incurred (including change orders to a construction contract) shall be deposited in the Certificate Fund, which amounts shall reduce the sums otherwise required to be deposited in said Fund from the Pledged Tax Increment Revenues. SECTION 15: Security of Funds. All moneys ondeposit in the Funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested) shall be secured in the manner and to the fullest extent required by the laws'of Texas for the security of public funds, and moneys on deposit in such Funds shall be used only for the purposes permitted by this Ordinance. SECTION 16: Special Covenants. The City hereby further covenants as follows: SOUTHLAKE 2000B ORDINANCE.doc ' 67V / 9 (a)The Zone has been established and created pursuant to Ordinance Number 682, as amended, and the provisions of the Act, and while the Certificates are Outstanding, tax increment revenues collected by the City and by the Participating Tax Units shall be deposited to the credit of the Tax Increment Fund as required by the provisions of the Act and this Ordinance (b) It has the lawful power to pledge the Pledged Tax Increment Revenues to the payment of the Certificates in the manner herein contemplated and has lawfully exercised such power under the Constitution and laws of the State of Texas, including said power existing under Chapter 311, Texas Tax • Code, and V.T.C.A., Local Government Code, Sections 271.041, et seq. (c) Other than for the payment of the Previously Issued Certificates and the Certificates, the Pledged Tax Increment Revenues have not in any manner, been pledged or encumbered to the payment of any debt or obligation of the City or of the Zone. SECTION 17: Issuance of Additional Parity Obligations. The City hereby expressly reserves the right to hereafter issue additional obligations payable, in whole or in part, from the Pledged Tax Increment Revenues and, to the extent provided, secured by a Tien on and pledge of the Pledged Tax Increment Revenues of equal rank and dignity with the lien and pledge securing the payment of the Previously Issued Certificates and the Certificates SECTION 18: Mutilated - Destroyed -Lost and Stolen Certificates. In case any Certificate shall be mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a replacement Certificate of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Certificate, or in lieu of and in substitution for such destroyed, lost or stolen Certificate, only upon the approval of the City and after(i) the filing by the Holder . thereof with the Paying Agent/Registrar of evidence satisfactory to the Paying Agent/Registrar of the destruction, loss or theft of such Certificate, and of the authenticity of the ownership thereof and (ii)the furnishing to the Paying Agent/Registrar of indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Certificate shall be borne by the Holder of the Certificate mutilated, or destroyed, lost or stolen. Every replacement Certificate issued pursuant to this Section shall be a valid and binding obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Certificates; notwithstanding the enforceability of payment by anyone of the destroyed, lost, or stolen Certificates. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Certificates. SECTION 19: Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Certificates, at the times and in the manner stipulated.in this Ordinance, then the pledge of taxes levied under this Ordinance and the Net Revenues of the System (to the . extent such limited pledge of Net Revenues shall not have been discharged or terminated by SOUTHLAKE 2000B ORDINANCE.doc ' 5J.i/ ' U prior payment of principal of or interest on the Certificates) and all covenants, agreements, and other obligations of the City to the Holders.shall thereupon cease, terminate, and be discharged and satisfied. Certificates or any Maturity Amount(s) thereof shall be deemed to have been paid. within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Certificates at maturity or redemption, together with all-interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any moneys deposited therewith, if any, to pay when due the Certificates, or the Maturity Amount(s)thereof, on the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made) the redemption date thereof. The City covenants that no deposit of moneys or Government Securities will be made under this Section and no use made of any such deposit which would cause the Certificates to be treated as "arbitrage bonds"within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, or regulations adopted pursuant thereto. • Any moneys so deposited with the Paying Agent/ Registrar, or an authorized escrow agent, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section in excess of the amount required for the payment of the Certificates shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the Certificates and remaining unclaimed for a period of three (3)years after the Stated Maturity, or applicable redemption date, of the Certificates such moneys were deposited and are held in trust to pay shall upon the request of the.City be remitted to the City against a written receipt therefor. Notwithstanding the above and foregoing, any remittance of funds from the Paying Agent/Registrar to_the City shall be subject to any applicable unclaimed property laws of the State of Texas. SECTION 20: Ordinance a°Contract-Amendments. This Ordinance shall constitute a contract with the Holders from time to time, be binding on the City, and shall not be amended or repealed by the City while any Certificate remains Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein: In addition, the City may, with the consent of Holders holding a majority in aggregate Maturity Amount of the Certificates then Outstanding affected thereby, amend, add to,.or rescind any of the provisions of this Ordinance; provided that, without the consent of all Holders of Outstanding Certificates, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of, premium, if any, and interest on the Certificates, reduce the Maturity Amount thereof, or change the compounding rates for interest, the redemption price, or in any other way modify the terms of payment of the principal of, premium; if any, or interest on the Certificates, (2) give any preference to any Certificate SOUTHLAKE 2000B ORDINANCE.doc .. over any other Certificate, or (3) reduce the aggregate Maturity Amount of Certificates required to be held by Holders for consent to any such amendment, addition, or rescission. SECTION 21: Covenants to Maintain Tax-Exempt Status. (a) Definitions When used in this Section, the following terms have the following meanings: "Closing Date" means the date-on which the Certificates are first authenticated and delivered to the initial purchasers against payment therefor. , "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. "Computation Date"has the meaning set forth in Section 1.148-1(b) of , the Regulations. "Gross Proceeds"means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of the Regulations, of the Certificates. "Investment"has the meaning set forth in Section 1.148-1(b) of the Regulations. "Nonpurpose Investment"means any investment property,as defined in section 148(b) of the Code, in which Gross Proceeds of the Certificates are invested and which is not acquired to carry out the governmental purposes of the Certificates. "Rebate Amount"has the meaning set forth in Section 1.148-1(b) of the Regulations. "Regulations"means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Certificates. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. "Yield"of(1) any Investment has the meaning set forth in Section 1.148- 5 of the Regulations and (2)the Certificates has the meaning set forth in Section 1.148-4 of the Regulations. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, , construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Certificate to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized SOUTHLAKE 2000B ORDINANCE.doc in the field of municipal bond law to the effect that failure to comply with such covenant will not • adversely affect the exemption from federal income tax of the interest on any Certificate, the City shall comply with each of the specific covenants in this Section. (c) No Private Use or Private.Payments. Except as permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Certificates: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Certificates, and not use or permit the use - of such.Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Certificates or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. (d) No Private Loan. Except to the extent permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Certificates to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such.Gross Proceeds are considered to be "loaned"to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes;(2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds.are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Certificates directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so.invested), if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced thereby),whether then held or previously disposed of, exceeds the Yield of the Certificates. . (f) Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any SOUTH LAKE 2000B ORDINANCE.doc . c./11'a3 action which would cause the Certificates to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. (g) Information Report The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. (h) Rebate of Arbitrage Profits. Except to the extent-otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Certificate is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Certificates with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The City shall - maintain such calculations with its official transcript of proceedings relating to the issuance of the Certificates until six years after the final Computation Date., (3). As additional consideration for the purchase of the Certificates by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States out of the Certificate Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Certificates equals (i) in the case of a Final Computation Date as defined in Section 1.148-; 3(e)(2) of the Regulations, one hundred percent (100%) of the Rebate Amount' on such date; and (ii) in the case of any other Computation Date, ninety percent (90%) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038-T or such other forms and information as is or may be required by Section 148(f) of the Code and the Regulations and rulings thereunder. - (4).The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter(and in all events within one hundred eighty (180)days after discovery of the error), including payment to the United SOUTHLAKE 2000B ORDINANCE.doc States of any additional Rebate Amount owed to it, interest thereon, and any • penalty imposed under Section 1.148-3(h) of the Regulations. (i) Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Certificates, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection (h) of this • Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Certificates not been relevant to either party. (j) Elections. The City hereby directs and authorizes the Mayor, City Secretary, City Manager and Director of Finance, individually or jointly, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Certificates, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. - SECTION 22: Sale of Certificates - Official Statement Approval. The Certificates authorized by this Ordinance are hereby sold by the City to J. P. Morgan Securities Inc. and Dain Rauscher Incorporated (herein referred to as the "Purchasers") in accordance with the Purchase Contract, dated March 7, 2000, attached hereto as Exhibit C and incorporated herein by reference as a part of this Ordinance for all purposes. The acts of the Mayor in executing said Purchase Contract for and on behalf of the City and as the act and deed of this Council is hereby ratified, confirmed and approved, and in regard to the approval and execution of the Purchase Contract, the Council hereby finds, determines and declares that the representations, warranties and agreements of the City (contained therein) are true and correct in all material respects and shall be honored and performed by the City. Furthermore, the use of the Official Statement by the Purchasers in connection with the public offering and sale of the Certificates is hereby ratified, confirmed and approved in all respects. The final Official Statement, which reflects the terms of sale, attached as exhibit A to the Purchase Contract (together with such changes approved by the Mayor, City Manager, Director of Finance or City Secretary, individually or jointly), shall be and is hereby in all respects approved, and the Purchasers are hereby authorized to use and distribute said final Official Statement, dated March 7, 2000, in the reoffering, sale and delivery of the Certificates to the public. The Mayor and City Secretary are further authorized and directed to manually execute and deliver for and on behalf of the City copies of said Official Statement in final form as may be required by the Purchasers, and such final Official Statement in the form and content manually executed by said officials shall be deemed to be approved by the City Council and constitute the Official Statement authorized for distribution and use by the Purchasers. SECTION 23: Proceeds of Sale. The proceeds of sale of the.Certificates, excluding the accrued interest and premium, if any, received from the Purchasers, shall be deposited in a construction fund maintained at the City's depository bank. Pending expenditure for authorized projects and purposes, such proceeds of sale may be invested in authorized investments and any investment earnings realized may be expended for such authorized projects and purposes or deposited in the Certificate Fund as shall be determined by the City SOUTHLAKE 2000B.ORDINANCE.doc Council. Accrued interest and premium, if any, as well as all surplus proceeds of sale of the Certificates, including investment earnings, remaining after completion of all authorized projects or purposes shall be deposited to the credit of the Certificate Fund. SECTION 24: Control and Custody of Certificates. The Mayor of the City shall be and - is hereby authorized to take and have charge of all necessary orders and records pending the sale of the Certificates, the investigation by the Attorney General of the State of Texas, including the printing and supply of definitive Certificates, and shall take and have charge and control of the Initial Certificate(s) pending the approval thereof by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery thereof to the Purchasers. Furthermore, the Mayor, Mayor Pro Tem, City Secretary, Director of Finance, City Manager and Assistant City Manager, any one or more of said officials, are hereby authorized and directed to furnish and execute such documents and certifications relating to the City and the issuance of the Certificates, including a certification as to facts, estimates, circumstances and reasonable expectations pertaining to the use and expenditure and investment of the proceeds of the Certificates as may be necessary for the approval of the Attorney General and their registration by the Comptroller of Public Accounts. In addition, such officials, together ' with the City's financial advisor, bond counsel and the Paying Agent/Registrar, are authorized and directed to make the necessary arrangements for the delivery of the Initial Certificate(s) to the Purchasers and the initial exchange thereof for definitive Certificates. SECTION 25: Notices to Holders-Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States Mail, first class postage prepaid, to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Certificates. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 26: Cancellation. All Certificates surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly cancelled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already cancelled, shall be promptly cancelled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Certificates previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Certificates so delivered shall be promptly _ cancelled by the Paying Agent/Registrar. All cancelled Certificates held by the Paying Agent/Registrar shall be returned to the City. • SOUTHLAKE 2000B ORDINANCE.doc r - ��- 24 SECTION 27: Bond Counsel's Opinion. The Purchasers' obligation to accept delivery of the Certificates is subject to being furnished a final opinion of Fulbright & Jaworski L.L.P., Dallas, Texas, approving the Certificates as to their validity, said opinion to be dated and delivered as of the date of delivery and payment for the Certificates. An executed counterpart of said opinion shall accompany the global certificates deposited with The Depository Trust Company or a reproduction thereof shall be printed on the definitive Certificates in the event the book entry only system shall be discontinued. SECTION 28: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Certificates. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Certificates shall be of no significance or effect as regards the legality thereof and neither the City nor attorneys approving the Certificates as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Certificates. SECTION 29: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, the Paying Agent/Registrar and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, and this Ordinance and all its provisions is intended to be and shall be for the sole and exclusive benefit of.the City, the Paying Agent/Registrar and the Holders. SECTION 30: Inconsistent Provisions. All ordinances, orders or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed,to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 31: Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 32: Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 33: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 34: Severability. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application thereof to other circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 35: Continuing Disclosure Undertaking. (a) Definitions. As used in,this Section, the following terms have the meanings ascribed to such terms below: "MSRB" means the Municipal Securities Rulemaking Board. SOUTHLAKE 2000B ORDINANCE.doc "NRMSIR" means each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time. "Rule" means SEC Rule 15c2-12, as amended from time to time., "SEC" means the United States Securities and Exchange Commission. . "SID" means any person designated by the State of Texas or an authorized department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository within the meaning of the Rule from. time to time. (b) Annual Reports. The City shall provide annually to each NRMSIR and any SID, within six months after the end of each fiscal year (beginning with the fiscal year ending September 30, 1999) financial information and operating data with respect to the City of the general type included in the final Official Statement approved by Section 22 of this Ordinance, being the information described in Exhibit D hereto. Financial statements to be provided shall be (1) prepared in accordance with the accounting principles described in Exhibit D hereto and (2) audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. . If audited financial statements are not available at the time the financial information and operating data must be provided, then the City shall provide unaudited financial statements for the applicable fiscal year to each NRMSIR and any SID with the financial information and operating data and will file the annual audit report, when and if the same becomes available. If the City changes its fiscal year, it will notify each NRMSIR and any SID of the change (and of the date of the new fiscal year end) prior to the next date by which the.City otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document,'if it is available from the MSRB) that theretofore has been provided to each NRMSIR and any SID or filed with the SEC. (c) Material Event Notices. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any of the following events with respect to the Certificates, if such event is material within the meaning of the federal securities laws: 1. Principal and interest payment delinquencies; ' 2. Non-payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial- difficulties; 4. • Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; SOUTHLAKE 2000B ORDINANCE.doc 6. Adverse tax opinions or events affecting the tax-exempt status of the Certificates; 7. Modifications to rights of holders of the Certificates; 8. Certificate calls; 9. Defeasances; - 10. Release, substitution, or sale of property securing repayment of the Certificates; and 11. Rating changes. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with subsection (b) of this Section by the time required by such Section. (d) Limitations, Disclaimers, and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section while, but only while, the City remains an "obligated person"with respect to the Certificates within the meaning of the Rule, except that the City in any event will give the notice required by subsection (c) hereof of any Certificate calls and defeasance that cause the City to be no longer such an "obligated person." The provisions of this Section are for the sole benefit of the Holders and beneficial owners of the Certificates, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake'to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Certificates at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF,ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing its obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim,waive, or otherwise limit the duties of the City under federal and state securities laws. The provisions of this Section may be amended by the City from time to time to adapt to changed circumstances resulting from a change in legal requirements, a change in law, or a SOUTH LAKE 2000B ORDINANCE.doc 5--4/. 24 change in the identity, nature, status, or type of operations of the City, but only if(1)the provisions of this Section, as so amended, would have permitted underwriters to purchase or sell Certificates in the primary offering of the Certificates in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the Holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Certificates consent to • such amendment or (b) a Person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the Holders and beneficial owners of the Certificates. The provisions of this Section may also be amended from time to time or repealed by the City if the SEC amends or repeals the applicable provisions of the Rule or a court of final jurisdiction determines that such provisions are invalid, but only if and to the extent that reservation of the City's right to do so would not prevent underwriters of the initial public offering of the Certificates from lawfully purchasing or selling Certificates in such offering.. If the City so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection (b) an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. SECTION 36: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of,the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. SECTION 37: Effective Date. This Ordinance shall take effect and be in full force . immediately from and after its date of adoption shown below. PASSED ON FIRST READING, February 15, 2000. PASSED ON SECOND READING AND ADOPTED, this March 7., 2000. CITY OF SOUTHLAKE, TEXAS Mayor ATTEST: City Secretary APPROVED AS TO LEGALITY: (City Seal) - City Attorney SOUTHLAKE 2000B ORDINANCE.doc Exhibit D to Ordinance DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 35 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: 1. The financial statements of the City appended to the Official Statement as Appendix B, but for the most recently concluded fiscal year. 2. The information contained in Tables 1 through 6 and 8 through 14 of the - Official Statement. Accounting Principles The accounting principles referred to in such Section are the generally accepted accounting principles as applicable to governmental units as prescribed by The Government Accounting Standards Board. SOUTHLAKE 2000B ORDINANCE.doc city of aoutniaKe, Texas ;1 MEMORANDUM TO: Billy Campbell, City Manager FROM: Sharen Elam, Director of Finance Ext. 716 SUBJECT: Ordinance No. 767, 13t Reading, Authorizing the Issuance of General Obligation Bonds, Series 2000. Action Requested: Approval of Ordinance No. 767 on 1st reading to issue General Obligation Bonds for Phase 1 of the Traffic Management Bond. Background Information: In May 1999, the residents of Southlake approved the $24.18 million Traffic Management bond election, of which $17.3 million will address intersection widening and improvements to facilitate traffic flow along FM1709 and SH114. Also included as part of the bond election was $4.73 million for trail development, connecting City parks and extending north and south, and providing an east/west trail along FM1709. The third component of the bond will provide $2.15 million funding for design enhancements to portions of SH114 as it is reconstructed. The general obligation bonds are issued by adoption of an ordinance, with the l St and 2nd readings scheduled for February 15 and March 7, respectively. The City would receive funding in mid April. A copy of the proposed schedule of events is included with Ordinance No. 764. The proceeds from the bonds will be used for Phase 1 of the program. Financial Considerations: The debt will be repaid through the City's ad valorem tax rate. The bonds will not affect the FY 1999-2000 $.422 tax rate, and it is the City's intent to maintain the tax rate at the same level in the future within the planning parameters of the multi-year fmancial plan. Citizen Input/ Board Review: . A Public Hearing is scheduled for March 7th with the second reading of the ordinance to issue the general obligation bonds. Legal Review: Ed Esquivel with the law firm Fulbright and Jaworski serves as the City's bond counsel, and as such has prepared the ordinance. Alternatives: None available other than pay-as-you-go. j Billy Campbell, City Manager February 11, 2000 Page 2 Supporting Documents: Ordinance No. 767. Staff Recommendation: Approval of Ordinance No. 767, 1st reading, authorizing the issuance of $13,637,675 general obligation bonds. i • ORDINANCE NO. 767 AN ORDINANCE authorizing the issuance of"CITY OF SOUTHLAKE, TEXAS, GENERAL OBLIGATION BONDS, SERIES 2000"; specifying the terms and features of said bonds; levying a continuing direct annual ad valorem tax for the payment of said bonds; and resolving other matters incident and related to the issuance, sale, payment and delivery of said bonds, including the approval and execution of a Paying Agent/Registrar Agreement and a Purchase Contract and the approval and distribution of an Official Statement; and providing an effective date. WHEREAS, the City Council hereby finds and determines that $13,637,675.30 in principal amount of general obligation bonds approved and authorized to be issued at an election held on May 1, 1999 should be issued and sold at this time, and a summary of the general obligation bonds approved at said election, the principal amounts authorized, amounts being issued pursuant to this Ordinance and amounts remaining to be issued subsequent hereto is as follows: Total Amounts Amount Being Unissued Purpose Authorized Issued Balance street improvements(intersections) $17,300,000 $10,457,675.30 $6,842,324.70 street improvements(design enhancements) $2,150,000 $ 950,000 $1,200,000 park improvements(hike and bike trails) $4,730,000 $2,230,000 $2,500,000 AND WHEREAS, the City Council hereby reserves and retains the right to issue the balance of bonds approved at said election in one or more installments when, in the judgment of the Council, funds are needed for the purposes such unissued bonds were voted;-now, therefore,. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1: Authorization- Designation- Principal Amount-Purpose- Bond Date. General obligation bonds of the City shall be and are hereby authorized to be issued in the aggregate principal amount of$13,637,675.30 to be designated and bear the title "CITY OF SOUTHLAKE, TEXAS, GENERAL OBLIGATION BONDS, SERIES 2000" (hereinafter referred to as the "Bonds"), for permanent public improvements and public purposes, to wit: $10,457,675.30 for street improvements (intersections), including right-of-way acquisition, drainage, curb, gutters, landscaping, utility line relocation and traffic signalization, $950,000 for street improvements (design enhancements to State Highway 114 interchanges, including material selection, paving, signage and bridge railing) and $2,230,000 for park improvements (hike and bike trails), in accordance with authority conferred at the aforesaid election and in conformity with the Constitution and laws of the State of Texas, including V.T.C.A., Government Code, Chapter 1331.The Bonds shall be dated March 1, 2000 (the "Bond Date"). SECTION 2: Non-Interest Paying Obligations -Terms. The Bonds shall be issued as fully registered obligations, without coupons, and as "Capital Appreciation Bonds" (obligations 50 -� paying no accrued interest to the holders or owners prior to maturity) in the aggregate Maturity Amount (the "Accreted Value" [as hereinafter defined] at maturity) of$ The Bonds shall each be issued in Maturity Amounts of$5,000, or any integral multiple thereof, shall be numbered consecutively from One (1) upward, and the Bonds shall be issued in the original principal amounts, which shall accrue interest at the stated interest rate(s), and shall become due and payable on February 15 in each of the years (the "Stated Maturities") • and in the Maturity Amounts as follows: Year of Original Principal Maturity Stated Maturity Amount Amount Yield(s) 2002 $ $ ,000 %: 2003 ,000 2004 ,000 2005 - ,000 2006 0 ,000 2007 ,000 2008 ,000 2009 ,000 % 2010 ,000 %H 2011 ,000 %' 2012 ,000 2013 ,000 %, 2014 ,000 %, 2015 ,000 2016 ,000 2017 ,000 2018 ,000 2019 ,000 2020 ,000 2021 ,000 % 2022 ,000 % 2023 ,000 0 %; 2024 ,000 %, 2025 ,000 % 2026 ,000 2027 ,000 2028 ,000 %. 2029 ,000 2030 ,000 % Interest on the Bonds shall accrue from the date of delivery of the Bonds to the initial purchasers (April.11, 2000), and such interest shall compound semiannually on February 15 and August 15 in each year, commencing August 15, 2000, until their Stated Maturity or earlier . redemption. The accrued interest on the Bonds shall be payable at maturity as a portion of the Maturity Amount. SOUTHLAKE GO ORDINANCE 2.doc - The term "Accreted Value", as used herein with respect to Bonds, shall mean the -original principal amount of a Bond plus the initial premium, if any, paid therefor with interest thereon compounded semiannually to February 15 or August 15, as the case may be, next preceding the date of such calculation (or the date of calculation, if such calculation is made on February 15 or August 15), at the respective stated yield(s) noted above and, with respect to each $5,000 Accreted Value at maturity, as set forth in the Table of Accreted Values appearing in Exhibit A attached hereto and incorporated herein by reference as a part hereof for all purposes. For any day other than a February 15 or August 15, the Accreted Value of a Bond shall be determined by a straight line interpolation between the values for the applicable semiannual compounding dates (based on 30-day months). SECTION 3: Terms of Payment-Paying Agent/Registrar. The principal of, premium, if any, and the interest on the Bonds, due and payable by reason of maturity, redemption or otherwise, shall be payable only to the registered owners or holders of the Bonds (hereinafter called the "Holders") appearing on the registration and transfer books maintained by the Paying Agent/Registrar and the payment thereof shall be in any coin or currency of the United States of America, which at the time of payment is legal tender for the payment of public and private debts, and shall be without exchange or collection charges to the Holders. The selection and appointment of Chase Bank of Texas, National Association, to serve as Paying Agent/Registrar for the Bonds is hereby approved and confirmed. Books and records relating to the registration, payment, exchange and transfer of the Bonds'(the "Security Register") shall at all times be kept and maintained on behalf of the City by the Paying Agent/Registrar, all as provided herein, in accordance with the terms and provisions of a "Paying Agent/Registrar Agreement", substantially in the form attached hereto as Exhibit B, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Mayor and City Secretary of the City are hereby authorized to execute and deliver said Agreement in connection with the delivery of the Bonds. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Bonds are paid and discharged, and any successor Paying Agent/Registrar shall be a bank, trust company, - financial institution or other entity qualified and authorized to serve in such capacity and. . perform the duties and services of Paying Agent/Registrar. Upon any change in the'Paying Agent/Registrar for the Bonds, the City agrees to promptly cause a written notice thereof to be sent to each Holder by United States Mail, first class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. The Bonds shall be payable at their Stated Maturities or upon their earlier redemption only upon presentation and surrender of the Bonds to the Paying Agent/Registrar at its designated office in Dallas, Texas (the "Designated Payment/Transfer Office"). If theAate for the payment of the Bonds shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the City where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are-authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was:due. SECTION 4: Redemption. (a) Optional Redemption The Bonds having Stated Maturities on and after February 15, 2010, shall be subject to redemption prior to maturity, at SOUTHLAKE GO ORDINANCE 2.doc / _ I • 5 -5 the option of the City, in whole or in part,in Maturity Amounts of$5,000 or any integral multiple thereof(and if within a Stated Maturity by lot by the Paying Agent/Registrar), on February 15, 2009, or on any date thereafter at the redemption price of the "Accreted Value" as of the date of redemption (such Accreted Value to be calculated in accordance with Section 2 hereof and the Table of Accreted Values attached hereto). (b) Exercise of Redemption Option. At least forty-five (45) days prior to a redemption date for the Bonds (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of the decision to redeem Bonds, the Maturity Amount of each Stated Maturity to be redeemed, and the date of redemption therefor. The decision of the City to exercise the right to redeem Bonds shall be entered in the minutes of the governing body of the City. (c) Selection of Bonds for Redemption. If less than all Outstanding Bonds of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/ Registrar shall treat such Bonds as representing the number of Bonds Outstanding which is obtained by dividing the Maturity Amount of such Bonds by $5,000 and shall select the Bonds to be redeemed within such Stated Maturity by lot. • (d) Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Bonds, a notice of redemption shall be sent by United States Mail, first class postage prepaid, in the name of the City and at the City's expense, to each Holder of a Bond to be redeemed in whole or in part at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such;notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Bonds, (ii) identify the Bonds to be redeemed and, in the case of a portion of the Maturity Amount to be redeemed, the Maturity Amount thereof to be redeemed, (iii) state the redemption price, _ (iv) state that the Bonds, or the portion of the Maturity Amount thereof to be redeemed, shall become due and payable on the redemption date specified and the Bond, or on the portion of the Maturity Amount thereof to be redeemed, shall cease to accrete in value from and after the redemption date, provided moneys sufficient for the payment of such Bond (or the Maturity Amount thereof to be redeemed) at the then applicable redemption price are held for the purpose of such payment by the Paying Agent/Registrar and (v) specify that payment of the redemption price for the Bonds, or the Maturity Amount thereof to be redeemed, shall be made at the Designated Payment/Transfer Office of the Paying Agent/Registrar only upon presentation and surrender of the Bonds. If a Bond is subject by its terms to prior redemption and has been called for redemption and notice of redemption has been duly given as hereinabove provided, such Bond (or the Maturity Amount thereof to be redeemed) shall become due and payable and the Bonds shall cease to accrete in value from and after the redemption date therefor. • SECTION 5: Registration -Transfer- Exchange of Bonds - Predecessor Bonds. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of each and every owner of the Bonds issued under and pursuant to the provisions of this Ordinance, or if appropriate, the nominee thereof. Any Bond may be SOUTHLAKE GO ORDINANCE 2.doc r" transferred or exchanged for Bonds of like maturity and amount and in authorized denominations by the Holder, in person or by his duly authorized agent, upon surrender of such Bond to the Designated Payment/Transfer Office of the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his,duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender of any Bond (other than the Initial Bond authorized in Section 8 hereof) for transfer at the Designated Payment/Transfer Office of the Paying Agent/Registrar, one or more new Bonds shall be registered and issued to the assignee or transferee of the previous Holder; such Bonds to be in authorized denominations, of like Stated Maturity and of a like aggregate Maturity Amount as the Bond or Bonds surrendered for transfer. At the option of the Holder, Bonds (other than the Initial Bond authorized in Section 8 hereof) may be exchanged for other Bonds of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate Maturity Amount as the Bonds surrendered for exchange, upon surrender of the Bonds to be exchanged at the Designated Payment/Transfer Office of the Paying Agent/Registrar. Whenever any Bonds are surrendered for exchange,the Paying Agent/Registrar shall register and deliver new Bonds to the Holder requesting the exchange. All Bonds issued in any transfer or exchange of Bonds shall be delivered to the Holders at the Designated Payment/Transfer Office of the Paying Agent/Registrar or sent by United States Mail, first class, postage prepaid to the Holders, and, upon the registration and delivery thereof, the same shall be the valid obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Bonds surrendered in such transfer or exchange. All transfers or exchanges of Bonds pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. - Bonds cancelled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be "Predecessor Bonds," evidencing all or a portion, as the case may be, of the same obligation to pay evidenced by the new Bond or Bonds registered and delivered in the exchange or transfer therefor. Additionally, the term "Predecessor Bonds" shall include any mutilated, lost, destroyed, or stolen Bond for which a replacement Bond has been issued, registered and delivered in lieu thereof pursuant to the provisions of Section 11 hereof and such new replacement Bond shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Bond. Neither the City nor the Paying Agent/ Registrar shall be required to issue or transfer to an assignee of a Holder any Bond called for redemption, in whole or in part, within 45 days of the date fixed for the redemption of such Bond; provided, however, such limitation on transferability shall not be applicable to an exchange by the Holder of the unredeemed balance of a Bond called for redemption in part. SOUTHLAKE GO ORDINANCE 2.doc - so- 7 SECTION 6: Book-Entry Only Transfers and Transactions. Notwithstanding the provisions contained in Sections 3, 4 and 5 hereof relating to the payment, and transfer/exchange of the Bonds, the City hereby approves and authorizes the use of "Book-Entry Only" securities clearance, settlement and transfer system provided by The Depository Trust Company (DTC), a limited purpose trust company organized under the laws of the State of New York, in accordance with the operational arrangements referenced in the Blanket Issuer Letter of Representation, by and between the City and DTC (the "Depository Agreement"). Pursuant to the Depository Agreement and the rules of DTC, the Bonds shall be deposited with DTC who shall hold said Bonds for its participants (the "DTC Participants"). While the Bonds are held by DTC under the Depository Agreement,the Holder of the Bonds on the Security Register for all purposes, including payment and notices, shall be Cede & Co., as nominee of DTC, notwithstanding the ownership of each actual.purchaser or owner of each Bond (the "Beneficial Owners") being recorded in the records of DTC and DTC Participants. In the event DTC determines to discontinue serving as securities depository for the Bonds or otherwise ceases to provide book-entry clearance and settlement of securities transactions in general or the City determines that DTC is incapable of properly discharging its duties as securities depository for the Bonds, the City'covenants and agrees with the Holders of the Bonds to cause Bonds to be printed in definitive form and provide for the Bond Bonds to be issued and delivered to DTC Participants and Beneficial Owners, as the case may be. Thereafter, the Bonds in definitive form shall be assigned, transferred and exchanged on the Security Register maintained by the Paying Agent/Registrar and payment of such Bonds shall be made in accordance with the provisions of Sections 3, 4 and 5 hereof. SECTION 7: Execution - Registration. The Bonds shall be executed on behalf of the City by the Mayor under its seal reproduced or impressed thereon and countersigned by the City Secretary. The signature of said officers on the Bonds may be manual or facsimile. Bonds bearing the manual or facsimile signatures of individuals who are or were the proper officers of the City on the Bond Date shall be deemed to be duly executed on behalf of the City, notwithstanding that one or more of the individuals executing the same shall cease to be such officer at the time of delivery of the Bonds to the initial purchaser(s) and with respect to. Bonds delivered in subsequent exchanges and transfers, all as authorized and provided in V.T.C.A., Government Code, Chapter 1207. No Bond shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Bond either a certificate of registration substantially in the form provided in Section 9C, manually executed by the Comptroller of Public Accounts of the State of Texas, or his duly authorized agent, or a certificate of registration substantially in the form provided in Section 9D, manually executed by an authorized officer, employee or representative of the Paying Agent/Registrar, and either. such certificate duly signed upon any Bond shall be conclusive evidence, and the only evidence, that such Bond has been duly certified, registered and delivered. SECTION 8: Initial Bond. The Bonds herein authorized shall be initially issued as a single fully registered Bond in the aggregate Maturity Amount of$1311p3'111075.so with SOUTH LAKE GO ORDINANCE 2.doc SO--8 installments of such Maturity Amount to become due and payable as provided in Section 2 hereof and numbered T-1, (hereinafter called the "Initial Bond") and the Initial Bond shall be registered in the name of the initial purchaser(s) or the designee thereof. The Initial Bond shall be the Bonds submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the initial purchaser(s). Any time after the delivery of the Initial Bond, the Paying Agent/Registrar, pursuant to written instructions from the initial purchaser(s), or the designee thereof, shall cancel the Initial Bond delivered hereunder and exchange therefor definitive Bonds of authorized denominations, Stated Maturities, Maturity Amounts and accruing interest at like rates or stated yields for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial purchaser(s), or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 9: Forms. A. Forms Generally. The Bonds, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Bonds, shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions,. substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American , Bankers Association) and such legends and endorsements (including insurance legends in the event the Bonds, or any maturities thereof, are purchased with insurance and any reproduction of an opinion of counsel) thereon as may, consistently herewith, be established by the City or determined by the officers executing such Bonds as evidenced by their execution. Any portion of the text of any Bonds may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Bond. The definitive Bonds and the Initial Bond(s) shall be printed, lithographed, or engraved, typewritten, photocopied or otherwise reproduced in any other similar manner, all as determined by the officers executing such Bonds as evidenced by their execution. B. Form of Definitive Bond. REGISTERED REGISTERED NO. $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF SOUTHLAKE, TEXAS GENERAL OBLIGATION BOND, SERIES 2000 Bond Date: . Stated Yield: Stated Maturity: CUSIP NO: March 1, 2000 Registered Owner: SOUTHLAKE GO ORDINANCE 2.doc Maturity Amount: DOLLARS The City of Southlake (hereinafter referred to as the "City"), a body corporate and municipal corporation in the Counties of Tarrant and Denton, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, on the Stated Maturity date specified above the Maturity Amount stated above (or such much thereof as shall not have been paid upon prior redemption). The Maturity Amount of this Bond represents the accretion of the original principal amount of this Bond (including the initial premium, if any, paid herefor) from the date of delivery to the initial purchasers (April 11; 2000) to the. Stated Maturity and such accretion in value occurring at the above Stated Yield and compounding on August 15, 2000, and semiannually thereafter on February 15 and August 15. A table of the "Accreted Values" per $5,000 "Accreted Value" at maturity is attached hereto or printed on the reverse side of this Bond. The term "Accreted Value", as used herein, means the original principal amount of this Bond plus the initial premium, if any, paid herefor with interest thereon compounded semiannually to February 15 and August 15, as the case may be, next preceding the date of such calculation (or the date of calculation, if such calculation is made on February 15 or August 15) at the Stated Yield for the Stated Maturity shown above and in the Table of Accreted Values attached hereto or printed hereon. For any date other than February 15 or August 15, the Accreted Value of this Bond shall be determined by a straight line interpolation between the values for the applicable semiannual compounding dates (based on 30-day months). The Maturity Amount of this Bond is payable at its Stated Maturity or redemption to the registered owner hereof, upon presentation and surrender, at the Designated Payment/Transfer Office of the Paying Agent/Registrar executing the registration certificate appearing hereon, or its successor; provided, however, while this Bond is registered to Cede & Co., the payment of the Maturity Amount upon a partial redemption of the Maturity Amount hereof may be accomplished without presentation and surrender of this Bond. Payments of principal of and accrued and compounded interest on this Bond shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. • This Bond is one of the series specified in its title issued in the aggregate principal amount of $13,637,675.30 (herein referred to as the "Bonds") for permanent public improvements and public purposes, to wit: $10,457,675.30 for street improvements (intersections), including right-of-way acquisition, drainage, curb, gutters, landscaping, utility line relocation and traffic signalization, $950,000 for street improvements (design enhancements to State Highway 114 interchanges, including material selection, paving, signage and bridge railing) and $2,230,000 for park improvements (hike and bike trails), under and in strict conformity with.the Constitution and laws of the State of Texas and pursuant to an Ordinance adopted by the City Council of the City (herein referred to as the "Ordinance"). The Bonds pay no accrued interest prior to their Stated Maturities. SOUTHLAKE GO ORDINANCE 2.doc • The Bonds maturing on and after February 15, 2003, may be redeemed prior to their Stated Maturities, at the option of the City, in whole or in part in Maturity Amounts of$5,000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar), on February 15, 2002, or on any date thereafter, at the redemption price of the Accreted Value (as determined and defined herein) as of the date of redemption. At least thirty (30) days prior to the date fixed for any redemption of Bonds, the City shall cause a written notice of such redemption to be sent by United States Mail, first class postage prepaid, to the registered owners of the Bonds to be redeemed, and subject to the terms and provisions relating thereto contained in the Ordinance. If a Bond (or any portion thereof) shall have been duly called for redemption and notice of such redemption duly given, then upon such redemption date such Bond (or the portion thereof to be redeemed) shall become due and payable, and shall cease to accrete in value from and after the redemption date, provided moneys for the payment of the redemption price to the date of redemption are held for the purpose of such payment by the Paying Agent/Registrar. In the event.a portion of the Maturity Amount of a Bond is to be redeemed and the registered owner is someone other than Cede & Co., payment of the redemption price shall be made to the registered owner only upon presentation and surrender of such Bond to the Designated Payment/Transfer Office of the Paying Agent/Registrar, and a new Bond or Bonds of like maturity and interest rate in any authorized denominations provided by the Ordinance for the then unredeemed balance of the Maturity Amount thereof will be issued to the registered owner, without charge. If a Bond is selected for redemption, in whole or in part, the City and the Paying Agent/Registrar shall not be required to transfer such Bond to an assignee of the registered owner within 45 days of the redemption date therefor; provided, however, such limitation on transferability shall not be applicable to an exchange by the registered owner of the unredeemed balance of a.Bond redeemed in part. The Bonds are payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City. Reference is hereby made to the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the Paying Agent/Registrar, and to all of the provisions of which the owner or holder of this Bond by the acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Bonds; the-terms and conditions relating to the transfer or exchange of this Bond; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and 'obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which this Bond may be discharged at or prior to its maturity or redemption, and deemed to be no longer Outstanding thereunder; and for other terms and provisions contained therein. Capitalized terms used herein have the meanings assigned in the Ordinance. This Bond, subject-to certain limitations contained in the Ordinance, may be transferred on the Security Register only upon its presentation and surrender at the Designated Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by, the registered owner hereof, or his duly authorized agent. When a transfer on the Security Register occurs, one or more new fully registered Bonds of the same Stated Maturity, of authorized denominations, accruing interest at the same SOUTHLAKE GO ORDINANCE 2.doc Q5D - tl rate or stated yield, and of the same aggregate Maturity Amount will be issued by the Paying Agent/Registrar to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the registered owner whose name appears on the Security Register (i) on the date of surrender of this Bond as the owner entitled to payment of the Maturity Amount at its Stated Maturity or the Accreted Value at its redemption, in whole or in part, and (ii) on any other date as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. It is hereby certified, recited, represented and declared that the City is a body corporate and political subdivision duly organized and legally existing under and by virtue of the Constitution and laws of the State of Texas; that the issuance of the Bonds is duly authorized by law; that all acts, conditions and things required to exist and be done precedent to and in the issuance of the Bonds to render the same lawful and valid obligations of the City have been properly done, have happened and have been performed in regular and due time, form and manner as required by the Constitution and laws of the State of Texas, and the Ordinance; that the Bonds do not exceed any Constitutional or statutory limitation; and that due provision has been made for the payment of the principal of and interest on the Bonds as aforestated. In case any provision in this Bond shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms and provisions of this Bond and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the City Council of the City has caused this Bond to be duly executed under the official seal of the City as of the Bond Date. CITY OF SOUTHLAKE, TEXAS COUNTERSIGNED: Mayor City Secretary - (SEAL) • • SOUTH LAKE GO ORDINANCE 2.doc 5O- 12 C. *Form of Registration Certificate of Comptroller of Public Accounts to appear on Initial Bond(s) only. • REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS ( REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that this Bond has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly •registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) *NOTE TO PRINTER:Do Not Print on Definitive Bonds SOUTHLAKE GO ORDINANCE 2.doc D. Form of Certificate of Paying Agent/Registrar to appear on Definitive Bonds only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Bond has been duly issued and registered under the provisions of the within-mentioned Ordinance; the bond or bonds of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. The designated offices of the Paying Agent/Registrar located in Dallas, Texas is the "Designated Payment/Transfer Office" for this Bond. Registration Date: CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, as Paying Agent/Registrar By Authorized Signature E. Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee:) (Social Security or other identifying number: •. ) the within Bond and all rights,thereunder, and hereby irrevocably constitutes and appoints_ attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this Signature guaranteed: assignment must correspond with the name of the registered owner as it appears on the face of the within Bond in every particular. SOUTHLAKE GO ORDINANCE 2.doc F. The Initial Bond shall be in the form set forth therefor in paragraph B of this Section, except as follows: Heading and first two paragraphs shall be amended to read as follows: REGISTERED MATURITY AMOUNT NO. T-1 $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF SOUTHLAKE, TEXAS, GENERAL OBLIGATION BOND; SERIES 2000 Bond Date: CUSIP NO: March 1, 2000 Registered Owner: Maturity Amount: DOLLARS The City of Southlake (hereinafter referred to as the "City"), a body corporate and municipal corporation in the Counties of Tarrant and Denton, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the aggregate Maturity Amount stated above on February 15 in each of the years and in installments in accordance with the following schedule: Installment Year of _ Maturity Stated Maturity Amount Yield(s) (Information to be inserted from schedule in Section 2 hereof). (or so much thereof as shall not have been prepaid prior to maturity). The respective installments of the Maturity Amount hereof represents the accretion of the original principal amounts of each year of maturity from the date of delivery to the initial purchasers (April 11, 2000)to the respective"years of maturity (including the initial premium, if any, paid by the initial purchasers) and such accretion in value occurring at the above Stated Yield(s) and compounding on August 15, 2000, and semiannually thereafter on February 15 and August 15. A table of the "Accreted Values" per$5,000 "Accreted Value" at maturity is attached hereto or printed on the reverse side of this Bond. The term "Accreted Value", as used herein, means the original principal amount of this Bond plus the initial premium, if any, paid herefor with interest thereon compounded semiannually to February 15 and August 15, as the case may be, next preceding the date of such calculation (or the date of calculation, if such calculation is made on February 15 or August 15) at the respective Stated Yield(s) for the corresponding Stated Maturity shown above and in the Table of Accreted Values attached hereto or printed hereon. For any date other than February 15 or August 15, the Accreted SOUTHLAKE GO ORDINANCE 2.doc 50 -15 Value of this Bond shall be determined by a straight line interpolation between the values for. the applicable semiannual compounding dates (based on 30-day months). The installments of the Maturity Amount, or the appropriate redemption prices for such installments, are payable at maturity or redemption, as the case may be, to the registered owner hereof, without exchange or collection charges by Chase Bank of Texas, National Association (the Paying Agent/Registrar"), upon presentation and surrender, at its designated office in Dallas, Texas (the "Designated Payment/Transfer Office"), and shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. SECTION 10: Levy of Taxes. To provide for the payment of the "Debt Service Requirements" of the Bonds, being (i) the interest on the Bonds and (ii) a sinking fund for their mandatory redemption or payment at maturity or a sinking fund of 2% (whichever amount is the greater), there is hereby levied, and there shall be annually assessed and collected in due time, form, and manner, a tax on all taxable property in the City, within the limitations prescribed by law, and such tax hereby levied on each one hundred dollars' valuation of taxable property in the City for the Debt Service Requirements of the Bonds shall be at a rate from year to year as will be ample and sufficient to provide funds each year to pay the principal of and interest on said Bonds while Outstanding; full allowance being made for delinquencies and costs of collection; separate books and records relating to the receipt and disbursement of taxes levied, assessed and collected for and on account of the Bonds shall be kept and maintained by the City at all times while the Bonds are Outstanding, and the taxes collected for the payment of the Debt Service Requirements on the Bonds shall be deposited to the credit of a "Special 2000 Bond Account" (the"Interest and Sinking Fund") maintained on the records of the City and deposited in a special fund maintained at an official depository of the City's funds; and such tax hereby levied, and to be assessed and collected annually, is.hereby pledged to the payment of the Bonds. Proper officers of the City are hereby authorized and directed to cause to be transferred to the Paying Agent/ Registrar for the Bonds, from funds on deposit in the Interest and Sinking Fund, amounts sufficient to fully pay and discharge promptly each installment of Maturity Amount of the Bonds as the same accrues or matures or comes due by reason of redemption prior to maturity; such transfers of funds to be made in such manner as will cause collected funds to be deposited with the Paying Agent/Registrar on or before each Stated Maturity date for the Bonds. SECTION 11: Mutilated-Destroyed-Lost and Stolen Bonds. In case any Bond shall be mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a replacement Bond of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Bond, or in lieu of and in substitution for such destroyed, lost or stolen Bond, only upon the approval of the City and after (i) the filing by the Holder thereof with the Paying Agent/Registrar of evidence satisfactory to the Paying Agent/Registrar of the destruction, loss or theft of such Bond, and of the authenticity of the ownership thereof and (ii)the furnishing to the Paying Agent/Registrar of indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar harmless. All expenses and charges associated with such indemnity and with SOUTHLAKE GO ORDINANCE 2.doc 55-1(p the preparation, execution and delivery of a replacement Bond shall be borne by the Holder of the Bond mutilated, or destroyed, lost or stolen. Every replacement Bond issued pursuant to this Section shall be a valid and binding obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Bonds; notwithstanding the enforceability of payment by anyone of the destroyed, lost, or stolen Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Bonds. SECTION 12: Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Bonds, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Bonds or any Maturity Amount(s) thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Bonds at maturity or redemption, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any moneys deposited therewith, if any, to pay when due the Bonds, or the Maturity Amount(s)thereof, on the Stated Maturity thereof or(if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made) the redemption date thereof. The City covenants that no deposit of moneys or Government Securities will be made under this Section and no use made of any such deposit which would cause the Bonds to be treated as "arbitrage bonds"within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, or regulations adopted pursuant thereto. Any moneys so deposited with the Paying Agent/ Registrar, or an authorized escrow agent, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section in excess of the amount required for the payment of the Bonds shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the Bonds and remaining unclaimed for a period of three (3)-years after the Stated Maturity, or applicable redemption date, of the Bonds such moneys were deposited and are held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor. Notwithstanding the above and foregoing, any remittance of funds from the Paying Agent/Registrar to the City shall be subject to any applicable unclaimed property laws of the State of Texas. SOUTHLAKE GO ORDINANCE 2.doc The term "Government Securities", as used herein, means (i) direct noncallable obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations unconditionally guaranteed or insured by the agency or instrumentality and on the date of their acquisition or purchase by the City are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent and (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and on the date of their acquisition or purchase by the City,.are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent. SECTION 13: Ordinance a Contract-Amendments - Outstanding Bonds. This Ordinance shall constitute a contract with the Holders from time to time, be binding on the City, and shall not be amended or repealed by the City so long as any Bond remains Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the consent of Holders holding a majority in aggregate Maturity Amount of the Bonds then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Holders of Outstanding Bonds, no such amendment, addition, or rescission shall (1)extend the time or times of payment of the principal of, premium, if any, and interest on the Bonds, reduce the Maturity Amount thereof, the redemption price therefor, or the rate of interest thereon, or in any other way modify the terms of payment of the principal _ of, premium, if any, or interest on the Bonds, (2) give any preference to any Bond over any other Bond, or (3) reduce the aggregate Maturity Amount of Bonds required to be held by. Holders for consent to any such amendment, addition, or rescission. The term "Outstanding" when used in this Ordinance with respect to Bonds means, as of the date of determination, all Bonds theretofore issued and delivered under this Ordinance, except: . (1) those Bonds cancelled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Bonds deemed to be duly paid by the City in accordance with the provisions of Section 12 hereof; and (3) those mutilated, destroyed, lost, or stolen Bonds which have been replaced with Bonds registered and delivered in lieu thereof as provided in Section 11 hereof. SECTION 14: Covenants to Maintain Tax-Exempt Status. (a)Definitions. When used in this Section, the following terms shall have the following meanings: "Closing Date" means the date on which-the Bonds are first authenticated and delivered to the initial purchasers against payment therefor. SOUTHLAKE GO ORDINANCE 2.doc V �b �f B "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. "Computation Date"has the meaning set forth in Section 1.148-1(b) of the Regulations. "Gross Proceeds"means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of the Regulations, of the Bonds. "Investment"has the meaning set forth in Section 1.148-1(b) of the Regulations. "Nonpurpose Investment"means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Bonds are invested and which is not acquired to carry out the governmental purposes of the Bonds. "Rebate Amount"has the meaning set forth in Section 1.148-1(b) of the Regulations. "Regulations"means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Bonds. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. "Yield"of (1) any Investment has the meaning set forth in Section' 1.148-5 of the Regulations; and (2) the Bonds has the meaning set forth in Section 1.148-4 of the Regulations. (b) Not to Cause Interest to Become Taxable.. The City shall not use, permit the use of, or omit to use Gross-Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Bond to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Bond, the City shall comply with each of the specific covenants in this Section. (c) No Private Use or Private Payments. Except as permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Bonds: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Bonds, and not use SOUTHLAKE GO ORDINANCE 2.doc an '4C/ or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Bonds or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on • investments acquired with such Gross Proceeds pending application for their intended purposes. (d) No Private Loan. Except to the extent permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output or similar contract or arrangement; or (3) indirect benefits,or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so invested), if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced thereby), whether then held or previously disposed of, exceeds the Yield of the Bonds. (f) Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Bonds to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. (g) Information Report. The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. (h) Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (including all receipts, - expenditures and investments thereof) on its books of account separately and SOUTHLAKE GO ORDINANCE 2.doc 50 ` 9D apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Bond is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Bonds with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Bonds until six years after the final Computation Date. (3) As additional consideration for the purchase of the Bonds by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States out of the Interest and , Sinking Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Bonds equals (i) in the case of a Final Computation Date as defined in Section 1.148-3(e)(2) of the Regulations, one hundred percent(100%) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90%) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or,may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038-T or such other forms and information as is or may be required by Section 148(f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter(and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148-3(h) of the Regulations. (i) Not to Divert Arbitrage Profits. Except to the extent.permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated.Maturity or final payment of the Bonds, enter into any transaction that reduces the amount required to be paid to the-United States pursuant to Subsection (h) of this . Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Bonds not been relevant to either party. SOUTHLAKE GO ORDINANCE 2.doc (j) Elections. The City hereby directs and authorizes the Mayor, City Manager, City Secretary or Director of Finance, individually or jointly, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Bonds, in the Certificate as to Tax Exemption or similar or • other appropriate certificate, form or document. SECTION 15: Sale of Bonds -Official Statement Approval. The Bonds authorized by this Ordinance are hereby sold by the City to J. P. Morgan Securities Inc. and Dain Rauscher Incorporated (herein referred to as the "Purchasers") in accordance with the Purchase Contract, dated March 7, 2000, attached hereto as Exhibit C and incorporated herein by reference as a part of this Ordinance for all purposes. The acts of the Mayor in executing said Purchase Contract for and on behalf of the City and as the act and deed of this Council is hereby ratified, confirmed and approved, and in regard to the approval and execution of the Purchase Contract, the Council hereby finds, determines and declares that the representations, warranties and agreements of the City (contained therein) are true and correct in all material respects and shall be honored and performed by the City. Furthermore, the use of the Official Statement by the Purchasers in connection with the public offering and sale of the Bonds is hereby ratified, confirmed and approved in all respects. The final Official Statement, which reflects the terms of sale, attached as exhibit A to.the Purchase Contract (together with such changes approved by the Mayor, City Manager, Director of Finance or City Secretary, individually or jointly), shall be and is hereby in all respects approved, and the Purchasers are hereby authorized to use and distribute said final Official Statement, dated March 7, 2000, in the reoffering, sale and delivery of the Bonds to the • public. The Mayor and City Secretary are further authorized and directed to manually execute and deliver for and on behalf of the City copies of said Official Statement in final form as may be required by the Purchasers, and such final Official Statement in the form and content manually executed by said officials shall be deemed to be approved by the City Council and constitute the Official Statement authorized for distribution and use by the Purchasers. SECTION 16: Control and Custody of Bonds. The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas, including the printing and supply of definitive Bonds, and shall take and have charge and control of the Initial Bond(s) pending the approval thereof by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery thereof to the Purchasers. Furthermore, the Mayor, Mayor Pro Tern, City Secretary, City Manager, and Director of Finance, any one or more of said officials, are hereby authorized and directed to furnish and execute such documents and certifications relating to the City and the issuance of the Bonds, including certifications as to facts, estimates, circumstances and reasonable expectations pertaining to the use, expenditure, and investment of the proceeds of the Bonds, as may be. necessary for the approval of the Attorney General, the'registration by the Comptroller of Public Accounts and the delivery of the Bonds-to the Purchasers, and, together with the City's financial advisor, bond counsel and the Paying Agent/Registrar, make the necessary arrangements for the delivery of the Initial Bond(s) to the Purchasers and the initial exchange thereof for definitive Bonds. . SOUTHLAKE GO ORDINANCE 2.doc -ate • • SECTION 17: Proceeds of Sale. The proceeds of sale of the Bonds, excluding the accrued interest and premium, if any, received from the Purchasers, shall be deposited in a construction fund maintained at the City's depository bank. Pending expenditure for authorized projects and purposes, such proceeds of sale may be invested in authorized investments and, subject to the provisions of Section 14(h) hereof, any investment earnings realized shall be expended for such authorized projects and purposes or deposited in the Interest and Sinking Fund as shall be determined by the City Council. Accrued interest and premium, if any, received from the Purchasers as well as all surplus proceeds of sale of the Bonds, including investment earnings, remaining after completion of all authorized projects or purposes and paying or making provision for the payment of the amounts owed pursuant to Section 14(h) hereof shall be deposited to the credit of the Interest and Sinking Fund. SECTION 18: Notices to Holders-Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States Mail, first class postage prepaid, to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Bonds. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 19: Cancellation. All Bonds surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly cancelled by it and, if surrendered to the.City, shall be delivered to the Paying Agent/Registrar and, if not already cancelled, shall be promptly cancelled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Bonds previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly cancelled by the Paying Agent/Registrar. All cancelled Bonds held by the Paying Agent/Registrar shall be returned to the City. SECTION 20: Market Opinion. The Purchasers' obligation to accept delivery of the Bonds is subject to being furnished a final opinion of Fulbright & Jaworski, L.L.P., Dallas, Texas, approving the Bonds as to their validity, said opinion to be dated and delivered as of the date of delivery and payment for the Bonds. An executed counterpart of said opinion shall accompany the global Bonds deposited with The Depository Trust Company or a reproduction thereof shall be printed on the definitive Bonds in the event the book entry only system shall be discontinued. . - SECTION 21: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Bonds. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Bonds shall be of no significance or effect as regards the legality SOUTHLAKE GO ORDINANCE 2.doc 50 A3 thereof and neither the City nor attorneys approving the Bonds as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Bonds. SECTION 22: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, the Paying Agent/Registrar and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, the Paying Agent/Registrar and the Holders. SECTION 23: Inconsistent Provisions. All ordinances, orders or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 24: Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 25: Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 26: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 27: Severability. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application thereof to other circumstances shall nevertheless be valid, and the City Council • hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 28: Continuing Disclosure Undertaking. (a) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: "MSRB" means the Municipal Securities Rulemaking Board. "NRMSIR" means each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. "SID" means any person designated by the State of Texas or an authorized department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository within the meaning of the Rule from time to time. SOUTHLAKE GO ORDINANCE 2.doc SD ^ 'Jl (b) Annual Reports. The City shall provide annually to each NRMSIR and any SID, within six months after the end of each fiscal year (beginning with the fiscal year ending September 30, 1999)financial information and operating data with respect to the City of the general type included in the final Official Statement approved by Section 15 of this Ordinance, being the information described in Exhibit D hereto. Financial statements to be provided shall be (1) prepared in accordance with the accounting principles described in Exhibit D hereto and (2) audited, if the City commissions an audit of such statements and the,audit is completed within the period during which they must be provided. If audited financial statements are not available at the time the financial information and operating data must be provided, then the City shall provide unaudited financial statements for the applicable fiscal year to each NRMSIR and any SID with the financial information and operating data and will file the annual audit report when and if the same becomes available. If the City changes its fiscal year, it will notify each NRMSIR and any SID of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, if it is available from the MSRB) that theretofore has been provided to each NRMSIR and any SID or filed with the SEC. • (c) Material Event Notices. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any of the following events with respect to the Bonds, if such event is material within the meaning of the federal securities laws: 1. Principal and interest payment delinquencies; 2. Non-payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax-exempt status of the Bonds; 7. Modifications to rights of holders of the Bonds; 8. Bond calls; 9. Defeasances; ' 10. Release, substitution, or sale of property securing repayment of the Bonds; and 11. Rating changes. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in - accordance with subsection (b) of this Section by the time required by such Section. ' SOUTHLAKE GO ORDINANCE 2.doc 5 5 (d) Limitations, Disclaimers, and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section while, but only while, the City remains an "obligated person"with respect to the Bonds within the meaning of the Rule, except that the City in any event will give the notice required by subsection (c) hereof of any Bond calls and defeasance that cause the City to be no longer such an "obligated person." The provisions of this Section are for the sole benefit of the Holders and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to-any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing its obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. The provisions of this Section may be amended by the City from time to time to adapt to changed circumstances resulting from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if(1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either(a) the Holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Bonds consent to such amendment or(b) a Person that is unaffiliated with the City(such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the Holders and beneficial owners of the Bonds. The provisions of this Section may also be amended from time to time or repealed by the City if the SEC amends or repeals the applicable provisions of the Rule or a court of final jurisdiction determines that such provisions are invalid, but only if and to the extent that reservation of the City's right to do so would not prevent underwriters of the initial public offering of the Bonds from lawfully purchasing or selling Bonds in such SOUTHLAKE GO ORDINANCE 2.doc 5b offering. If the City so amends the provisions of this Section, it shall include with any amended financial information or operating data filed with each NRMSIR and SID pursuant to subsection (b) of this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. SECTION 29: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. SECTION 30: Effective Date. This Ordinance shall take effect and be in full force immediately from and after its date of adoption shown below. PASSED ON FIRST READING, February 15, 2000. PASSED ON SECOND READING AND ADOPTED, this March 7, 2000. CITY OF SOUTHLAKE, TEXAS Mayor ATTEST: City Secretary APPROVED AS TO LEGALITY: (City Seal) City Attorney • SOUTHLAKE GO ORDINANCE 2.doc Exhibit D to Ordinance DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 28 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: 1. The financial statements of the City appended to the Official Statement as Appendix B, but for the most recently concluded fiscal year. 2. The information contained in Tables 1 through 6 and 8 through 14 of the Official Statement. Accounting Principles The accounting principles referred to in such Section are the generally accepted accounting principles as applicable to governmental units as prescribed by The Government '_ Accounting Standards Board. SOUTHLAKE GO ORDINANCE 2.doc City of Southlake, Texas I MEMORANDUM 1110 TO: Billy Campbell, City Manager FROM: Sharen Elam, Director of Finance Ext. 716 SUBJECT: Ordinance No. 768, 1st Reading, Authorizing the Issuance of Tax Notes, Series 2000. Action Requested: Approval of Ordinance No. 768 on 1st reading to issue certificates of obligation for construction of public safety facility. Background Information: The Southlake Crime Control and Prevention District Plan in September 1997 outlined the strategies to address public safety issues. The primary and most critical of these strategies is to enhance community safety through modern efficient facilities. During fiscal year 1999, the Crime Control District and City Council approved the purchase of the necessary land to build the first public safety facility. Ordinance No. 768 will authorize the issuance of the tax notes by the City for the construction of the facility. The 2nd reading and S the public hearing is scheduled March 7. The City would receive funding in mid April. A copy of the proposed schedule of events is included with Ordinance No. 764. The proceeds from the tax notes will be used for the design and construction of the west public safety facility. Financial Considerations: The tax note will be dated February 16, with a three-year maturity schedule. The Crime Control District will repay the annual debt service with Crime Control District sales tax collected in subsequent years. Citizen Input/ Board Review: A Public Hearing is scheduled for March 7th with the second reading of the ordinance to issue the tax notes. Legal Review: Ed Esquivel with the law firm Fulbright and Jaworski serves as the City's bond counsel, and as such has prepared the ordinance. 41, Alternatives: None available other than pay-as-you-go. i Billy Campbell, City Manager February 11, 2000 Page 2 Supporting Documents: Ordinance No. 768. Staff Recommendation: Approval of Ordinance No. 768, 15L reading, authorizing the issuance of $2,690,000 Tax Notes. • • • ORDINANCE NO. 768 AN ORDINANCE authorizing the issuance of"CITY OF SOUTHLAKE, TEXAS, TAX NOTES, SERIES 2000"; specifying the terms and features of said notes; levying a continuing direct annual ad valorem tax for the payment of said notes; and resolving other matters incident and related to the issuance, sale, payment and delivery of said notes, including the approval and execution of a Paying Agent/Registrar Agreement and a Purchase Contract and the approval and distribution of an Official Statement; and; providing an effective date. WHEREAS, pursuant to V.T.C.A., Government Code, Chapter 1431 (hereinafter called the "Act"), the City Council is authorized and empowered to issue anticipation notes to pay contractual obligations to be incurred (i) for the construction of any public work and (ii) for the purchase of materials, supplies, equipment, machinery, buildings, lands and rights-of-way for the City's authorized needs and purposes; and WHEREAS, in accordance with the provisions of the Act, the City Council hereby finds and determines that anticipation notes should be issued and sold at this time to finance the costs of paying contractual obligations to be incurred for (i) constructing and equipping police facilities, and (ii) professional services rendered in relation to such project and the financing thereof; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: illSECTION 1: Authorization- Designation- Principal Amount-Purpose. Notes of the City shall be and are hereby authorized to be issued in the aggregate principal amount of $2,690,000, to be designated and bear the title "CITY OF SOUTHLAKE, TEXAS, TAX NOTES, SERIES 2000" (hereinafter referred to as the "Notes"), for the purpose of paying contractual obligations to be incurred for (i) constructing and equipping police facilities and (ii) professional services rendered in relation to such project and the financing thereof, in conformity with the Constitution and laws of the State of Texas, including V.T.C.A., Government Code, Chapter 1431. SECTION 2: Fully Registered Obligations- Note Date-Authorized Denominations-Stated Maturities-Interest Rates. The Notes shall be issued as fully registered obligations only, shall be dated March 1, 2000 (the "Note Date"), shall be in denominations of $5,000 or any integral multiple thereof, and shall become due and payable on February 15 in each of the years and in principal amounts (the "Stated Maturities") and bear interest at the per annum rate(s) in accordance with the following schedule: Year of Principal Interest Stated Maturity Amount Rate(s) 2001 $ 860,000 % 2002 1,250,000 % 2003 580,000 % The Notes shall bear interest on the unpaid principal amounts from the Note Date at the rates per annum shown above in this Section (calculated on the basis of a 360-day year of • twelve 30-day months) and such interest shall be payable on February 15 and August 15 of IIIeach year, commencing February 15, 2001. SECTION 3: Terms of Payment-Paying Agent/Registrar. The principal of, premium, if any, and the interest on the Notes, due and payable by reason of maturity or otherwise; shall be payable only to the registered owners or holders of the Notes (hereinafter called the "Holders") appearing on the registration and transfer books maintained by the Paying Agent/Registrar and the payment thereof shall be in any coin or currency of the United States of America, which at the time of payment is legal tender for the payment of public and private debts, and shall be without exchange or collection charges to the Holders. The selection and appointment of the Chase Bank of Texas, National Association to serve as Paying Agent/Registrar for the Notes is hereby approved and confirmed. Books and records relating to the registration, payment, transfer and exchange of the Notes (the "Security Register") shall at all times be kept and maintained on behalf of the City by the Paying Agent/Registrar, as provided herein and in accordance with the terms and provisions of a "Paying Agent/ Registrar Agreement", substantially in the form attached hereto as Exhibit A, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Mayor and City Secretary are authorized to execute and deliver such Agreement in connection with the delivery of the Notes. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Notes are paid and discharged, and any successor Paying Agent/Registrar shall be a bank, trust company, financial institution or other entity qualified and authorized to serve in such capacity and perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Notes, the City agrees to promptly cause a written notice thereof to be sent to each Holder by United States Mail, first class postage prepaid, which notice shall also give the address of the new 0 Paying Agent/Registrar. Principal of and premium, if any, on the Notes shall be payable at the Stated Maturity, only upon presentation and surrender of the Notes to the Paying Agent/Registrar at its designated offices in Dallas, Texas (the "Designated Payment/Transfer Office"). Interest on the Notes shall be paid to the Holders whose name appears in the Security Register at the close of business on the Record Date (the last business day of the month next preceding the interest payment date) and shall be paid by the Paying Agent/Registrar (i) by check sent United States Mail, first class postage prepaid, to the address of the Holder recorded in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder. If the date for the payment;of the principal of or interest on the Notes shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the City where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. In the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") SOUTHLAKE TAX NOTE ORDINANCE 2.doc will be established by the Paying Agent/ Registrar, if and when funds for the payment of such III interest have been received from the City. Notice of the Special Record Date and of the cheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4: Non-Redeemable. The Notes shall not be subject to redemption prior to maturity. SECTION 5: Registration -Transfer- Exchange of Notes-Predecessor Notes. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of each and every owner of the Notes issued under and pursuant to the provisions of this Ordinance, or if appropriate, the nominee thereof. Any Note may be transferred or exchanged for Notes of other authorized denominations by the Holder, in person or by his duly authorized agent, upon surrender of such Note to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender of any Note for transfer at the Designated Payment/Transfer Office of the Paying Agent/Registrar, the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Notes of authorized denominations and having the same Stated Maturity and of a like aggregate principal amount as the Note or Notes surrendered for transfer. , 0 At the option of the Holder, Notes may be exchanged for other Notes of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Notes surrendered for exchange, upon surrender of the Notes to be exchanged at the Designated Payment/Transfer Office of the Paying Agent/Registrar. Whenever any Notes are surrendered for exchange, the Paying Agent/Registrar shall register and deliver new Notes to the Holder requesting the exchange. All Notes issued in any transfer or exchange of Notes shall be delivered to the Holders at the Designated Payment/Transfer Office of the Paying Agent/Registrar or sent by United States Mail, first class, postage prepaid to the Holders, and, upon the registration and delivery thereof, the same shall be the valid obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Notes surrendered in such transfer or exchange. All transfers or exchanges of Notes pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. SOUTHLAKE TAX NOTE ORDINANCE 2.doc • Notes canceled by reason of an exchange or transfer pursuant to the provisions hereof • are hereby defined to be "Predecessor Notes," evidencing all or a portion, as the case may be, of the same obligation to pay evidenced by the new Note or Notes registered and delivered in the exchange or transfer therefor. Additionally, the term "Predecessor Notes" shall include any mutilated, lost, destroyed, or stolen Note for which a replacement Note has been issued, registered, and delivered in lieu thereof pursuant to the provisions of Section 11 hereof and such new replacement Note shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Note. Neither the City nor the Paying Agent/Registrar shall be required to issue or transfer to an assignee of a Holder any Note called for redemption, in whole or in part, within 45 days of the date fixed for the redemption of such Note; provided, however, such limitation on transferability shall not be applicable to an exchange by the Holder of the unredeemed balance of a Note called for redemption in part. SECTION 6: Book-Entry Only Transfers and Transactions. Notwithstanding the provisions contained in Sections 3 and 5 hereof relating to the payment, and transfer/exchange of the Notes, the City hereby approves and authorizes the use of "Book-Entry Only" securities clearance, settlement and transfer system provided by The Depository Trust Company (DTC), a limited purpose trust company organized under the laws of the State of New York, in accordance with the operational arrangements referenced in the Blanket Issuer Letter of Representation, by and between the City and DTC (the "Depository Agreement"). Pursuant to the Depository Agreement and the rules of DTC, the Notes shall be ill deposited with DTC who shall hold said Notes for its participants (the "DTC Participants"). hile the Notes are held by DTC under the Depository Agreement, the Holder of the Notes on the Security Register for all purposes, including payment and notices, shall be Cede & Co., as nominee of DTC, notwithstanding the ownership of each actual purchaser or owner of each Note (the "Beneficial Owners") being recorded in the records of DTC and DTC Participants. In the event DTC determines to discontinue serving as securities depository for the Notes or otherwise ceases to provide book-entry clearance and settlement of securities transactions in general or the City determines that DTC is incapable of properly discharging its duties as securities depository for the Notes, the City covenants and agrees with the Holders of the Notes to cause Notes to be printed in definitive form and provide for the Note certificates to be issued and delivered to DTC Participants and Beneficial Owners, as the case may be. Thereafter, the Notes in definitive form shall be assigned, transferred and exchanged on the Security Register maintained by the Paying Agent/Registrar and payment of such Notes shall be made in accordance with the provisions of Sections 3 and 5 hereof. SECTION 7: Execution - Registration. The Notes shall be executed on behalf of the City by the Mayor under its seal reproduced or impressed thereon and countersigned by the City Secretary. .The signature of said officers on the Notes may be manual or facsimile'. Notes bearing the manual or facsimile signatures of individuals who are or were the proper officers of the City on the Note Date shall be deemed to be duly executed on behalf of the City, notwithstanding that such individuals or either of them shall cease to hold such offices at the SOUTHLAKE TAX NOTE ORDINANCE 2.doc S s-----7--) -- . • time of delivery of the Notes to the initial purchaser(s) and with respect to Notes delivered in subsequent exchanges and transfers, all as authorized and provided in V.T.C.A., Government Code, Chapter 1207. No Note shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Note either a certificate of registration substantially in the form provided in Section 9C, manually executed by the Comptroller of Public Accounts of the State of Texas, or his duly authorized agent, or a certificate of registration substantially in the form provided in Section 9D, manually executed by an authorized officer, employee or representative of the Paying Agent/Registrar, and either such certificate duly signed upon any Note shall be conclusive evidence, and the only evidence, that such Note has been duly certified, registered, and delivered. SECTION 8: Initial Note. The Notes herein authorized shall be initially issued either (i) as a single fully registered note in the total principal amount of$2,690,000 with principal installments to become due and payable as provided in Section 2 hereof and numbered T-1, or (ii) as multiple fully registered Notes, being one note for each year of maturity in the applicable principal amount and denomination and to be numbered consecutively from T-1 and upward (hereinafter called the "Initial Note(s)") and, in either case, the Initial Note shall be registered in the name of the initial purchaser(s) or the designee thereof. The Initial Note(s) shall be the Notes submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the initial purchaser(s). Any time after the delivery of the Initial Note(s), the Paying Agent/Registrar, pursuant to written instructions from the initial purchaser(s), or the designee thereof, shall cancel the Initial Note(s) delivered hereunder and S exchange therefor definitive Notes of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial purchaser(s), or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 9: Forms. A. Forms Generally. The Notes, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Notes, shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including insurance legends in the event the Notes, or any maturities thereof, are purchased with insurance and any reproduction of an opinion of counsel) thereon as may, consistently herewith, be established by the City or determined by the officers executing such Notes as evidenced by their execution. Any,portion of the text of any Notes may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Note. The definitive Notes and the Initial Note(s) shall be printed, lithographed, or engraved, typewritten, photocopied or otherwise reproduced in any other similar manner, all,as determined by the officers executing such Notes as evidenced by their execution thereof. SOUTHLAKE TAX NOTE ORDINANCE 2.doc 0 • B. Form of Note. REGISTERED REGISTERED NO. $ UNITED STATES OF AMERICA STATE OF TEXAS CITY OF SOUTHLAKE, TEXAS, TAX NOTE, SERIES 2000 Note Date: Interest Rate: Stated Maturity: CUSIP NO: March 1, 2000 % Registered Owner: Principal Amount: DOLLARS The City of Southlake (hereinafter referred to as the "City"), a body corporate and political subdivision in the Counties of Tarrant and Denton, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, on the Stated Maturity date specified S above, without right of prior redemption, the Principal Amount stated above and to pay interest on the unpaid principal amount hereof from the Note Date at the per annum rate of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 in each year, commencing February 15, 2001. Principal of this Note is payable at its Stated Maturity to the registered owner hereof, upon presentation and surrender, at the Designated Payment/Transfer Office of the Paying Agent/Registrar executing the registration certificate appearing hereon, or its successor. Interest is payable to the registered owner of this Note (or one or more Predecessor Notes, as defined in the Ordinance hereinafter referenced) whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date", which is the last business day of the month next preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, All payments of principal of, premium, if any, and interest on this Note shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. This Note is one of the series specified in its title issued in the aggregate principal amount of$2,690,000 (herein referred to as the "Notes") for the purpose of paying contractual obligations to be incurred for (i) constructing and equipping police facilities, and (ii) professional services rendered in relation to such project and the financing thereof, under and SOUTHLAKE TAX NOTE ORDINANCE 2.doc 11111 in strict conformity with the Constitution and laws of the State of Texas and pursuant to an Ordinance adopted by the City Council of the City (herein referred to as the "Ordinance").• The Notes are payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City. Reference is hereby made to the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the • Paying Agent/Registrar, and to all of the provisions of which the owner or holder of this Note by the acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Notes; the terms and conditions relating to the transfer or exchange of this Note; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which this Note may be discharged at or prior to its maturity, and deemed to be no longer Outstanding thereunder; and for other terms and provisions contained therein. Capitalized terms used herein have the meanings assigned in the Ordinance. This Note, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register only upon its presentation and surrender at the Designated Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by, the registered owner hereof, or his duly authorized agent. When a transfer on the Security Register occurs, one or more new fully registered Notes of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued by the Paying Agent/Registrar to the designated transferee or transferees. IIIThe City and the Paying Agent/Registrar, and any agent of either, shall treat the registered owner whose name appears on the Security Register (i) on the Record Date as the owner entitled to payment of interest hereon, (ii) on the date of surrender of this Note as the owner entitled to payment of principal hereof at its Stated Maturity and (iii) on any other date as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. In the event of nonpayment of interest on a scheduled payment date and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, recited, represented and declared that the City is a body corporate and political subdivision duly organized and legally existing under and by virtue of the Constitution and laws of the State of Texas; that the issuance of the Notes is duly authorized by law; that all acts, conditions and things required to exist and be done precedent to and in the issuance of the Notes to render the same lawful and valid obligations of the City have been properly done, have happened and have been performed in regular and due time, form and SOUTHLAKE TAX NOTE ORDINANCE 2.doc • manner as required by the Constitution and laws of the State of Texas, and the Ordinance; • that the Notes do not exceed any Constitutional or statutory limitation; and that due provision has been made for the payment of the principal of and interest on the Notes by the levy of a tax as aforestated. In case any provision in this Note shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms and provisions of this Note and the Ordinance shall • be construed in accordance with and shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the City Council of the City has caused this Note to be duly executed under the official seal of the City as of the Note Date. CITY OF SOUTHLAKE, TEXAS COUNTERSIGNED: Mayor City Secretary (SEAL) . • SOUTHLAKE TAX NOTE ORDINANCE 2.doc s 5;00 C. *Form of Registration Certificate of Comptroller • of Public Accounts to appear on Initial Note(s) only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER ( OF PUBLIC ACCOUNTS ( REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that this Note has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) D. Form of Certificate of Paying Agent/Registrar to appear on Definitive Notes only. • REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Note has been duly issued and registered under the provisions of the within-mentioned Ordinance; the note or notes of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the.Paying Agent/Registrar. The designated offices of the Paying Agent/Registrar located in Dallas, Texas, is the "Designated Payment/Transfer Office" for this Note. Registration Date: CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, as Paying Agent/Registrar By Authorized Signature *NOTE TO PRINTER:Do Not Print on Definitive Notes SOUTHLAKE TAX NOTE ORDINANCE 2.doc 560":°- /(1/ E. Form of Assignment. • ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee:) (Social Security or other identifying number: ) the within Note and all rights thereunder, and hereby irrevocably constitutes and appoints_ attorney to transfer the within Note on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this Signature guaranteed: assignment must correspond with the name of the registered owner as it appears on the face of the within Note in every particular. F. The Initial Note(s) shall be in the form set forth in paragraph B of this Section, 410 except that the form of a single fully registered Initial Note shall be modified as follows: (I) immediately under the name of the headings "Interest Rate " and "Stated Maturity " shall both be omitted; (ii) paragraph one shall read as follows: Registered Owner: Principal Amount: Dollars The City of Southlake (hereinafter referred to as the "City"), a body corporate and municipal corporation in the Counties of Tarrant and Denton, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount hereinabove stated on February 15 in each of the years and in principal installments in accordance with the following schedule: PRINCIPAL INTEREST YEAR INSTALLMENTS RATE SOUTHLAKE TAX NOTE ORDINANCE 2.doc • 5 7 'oz (Information to be inserted from schedule in Section 2 hereof). • (without right of prepayment prior to maturity) and to pay interest on the unpaid principal amounts hereof from the Note Date at the per annum rate(s) of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 15 and August 15 of each year, commencing February 15, 2001. Principal installments of this Certificate are payable at its Stated Maturity to the registered owner hereof by Chase Bank of Texas, National Association (the "Paying Agent/Registrar"), upon presentation and surrender, at its designated offices in Dallas, Texas (the "Designated Payment/Transfer Office"). Interest is payable to the registered owner of this Certificate whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date", which is the last business day of the month next preceding each interest payment date hereof and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/ Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Note shall be without exchange or collection charges to the owner hereof and in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. SECTION 10: Levy of Taxes. To provide for the payment of the "Debt Service Requirements" of the Notes, being (i) the interest on the Notes and (ii) a sinking fund for their redemption at maturity or a sinking fund of 2% (whichever amount is the greater), there is hereby levied, and there shall be annually assessed and collected in due time, form, and Smanner, a tax on all taxable property in the City, within the limitations prescribed by law, and such tax hereby levied on each one hundred dollars' valuation of taxable property in the City for the Debt Service Requirements of the Notes shall be at a rate from year to year as will be ample and sufficient to provide funds each year to pay the principal of and interest on said Notes while Outstanding; full allowance being made for delinquencies and costs of collection; separate books and records relating to the receipt and disbursement of taxes levied, assessed and collected for and on account of the Notes shall be kept and maintained by the City at all times while the Notes are Outstanding, and the taxes collected for the payment of the Debt Service Requirements on the Notes shall be deposited to the credit of a "Special 2000 Note Account" (the "Interest and Sinking Fund") maintained on the records of the City and deposited in a special fund maintained at an official depository of the City's funds; and such tax hereby levied, and to be assessed and collected annually, is hereby pledged to the payment of the Notes. Proper officers of the City are hereby authorized and directed to cause to be transferred to the Paying Agent/Registrar for the Notes, from funds on deposit in the Interest and Sinking Fund, amounts sufficient to fully.pay and discharge promptly each installment of interest and principal of the Notes as the same accrues or matures; such transfers of funds to be made in such manner as will cause collected funds to be deposited with the Paying Agent/Registrar on or before each principal and interest payment date for the Notes. SOUTH LAKE TAX NOTE ORDINANCE 2.doc S SECTION 11: Mutilated-Destroyed-Lost and Stolen Notes. In case any Note shall be 0 mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a replacement Note of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Note, or in lieu of and in substitution for such destroyed, lost or stolen Note, only upon the approval of the City and after(i) the filing by the Holder thereof with the Paying Agent/Registrar of evidence satisfactory to the Paying Agent/Registrar of the destruction, loss or theft of such Note, and of the authenticity of the ownership thereof and (ii) the furnishing to the Paying Agent/Registrar of indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Note shall be borne by the Holder of the Note mutilated, or destroyed, lost or stolen. Every replacement Note issued pursuant to this Section shall be a valid and binding obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Notes; notwithstanding the enforceability of payment by anyone of the destroyed, lost, or stolen.Notes. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Notes. SECTION 12: Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Notes, at the times and in the manner stipulated in this Ordinance, then the 0 pledge of taxes levied under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Notes or any principal amount(s) thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Notes or the principal amount(s) thereof, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or(ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any moneys deposited therewith, if any, to pay when due the principal of and interest on such Notes, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof. The City covenants that no deposit of moneys or Government Securities will be made under this Section and no use made of any such deposit which would cause the Notes to be treated as "arbitrage bonds"within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, or regulations adopted pursuant thereto. Any moneys so deposited with the Paying Agent/ Registrar, or an authorized escrow agent, and all income from Government Securities held in trust by the Paying Agent/Registrar, SOUTHLAKE TAX NOTE ORDINANCE 2.doc 0 or an authorized escrow agent, pursuant to this Section which is not required for the payment • of the Notes, or any principal amount(s) thereof, or interest thereon with respect to which such moneys have been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Notes and remaining unclaimed for a period of three (3) years after the Stated Maturity of the Notes such moneys were deposited and are held in trust.to pay shall upon the request of the City be remitted to the City against a written receipt therefor. Notwithstanding the above and foregoing, any remittance of funds from the Paying Agent/Registrar to the City shall be subject to any applicable unclaimed property laws of the State of Texas. The term "Government Securities", as used herein, means (i) direct noncallable obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations unconditionally guaranteed or insured by the agency or instrumentality and on the date of their acquisition or purchase by the City are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent and (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and on the date of their acquisition or purchase by the City, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent. SECTION 13: Ordinance a Contract-Amendments - Outstanding Notes. This Ordinance shall constitute a contract with the Holders from time to time, be binding on the City, S and shall not be amended or repealed by the City so long as any Note remains Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the consent of Holders holding a majority in aggregate principal amount of the Notes then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Holders of Outstanding Notes, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of, premium, if any, and interest on the Notes, reduce the principal amount thereof, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, premium, if any, or interest on the Notes, (2) give any preference to any Note over any other Note, or (3) reduce the aggregate principal amount of Notes required to be held by Holders for consent to any such amendment, addition, or rescission. The term "Outstanding"when used in this Ordinance with respect to Notes means, as of the date of determination, all Notes theretofore issued and delivered under this Ordinance, except: (1) those Notes cancelled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; SOUTHLAKE TAX NOTE ORDINANCE 2.doc • 5 (2) those Notes deemed to be duly paid by the City in accordance with • the provisions of Section 12 hereof; and (3) those mutilated, destroyed, lost, or stolen Notes which have been replaced with Notes registered and delivered in lieu thereof as provided in Section 11 hereof. SECTION 14: Covenants to Maintain Tax-Exempt Status. (a) Definitions When used in this Section 14, the following terms have the following meanings: "Closing Date" means the date on which the Notes are first authenticated and delivered to the initial purchasers against payment therefor. "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. "Computation Date"has the meaning set forth in Section 1.148-1(b) of the Regulations. "Gross Proceeds"means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of the Regulations, of the Notes. 'Investment"has the meaning set forth in Section 1.148-1(b) of the Regulations. "Nonpurpose Investment"means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Notes are invested and which is not acquired to carry out the governmental purposes of the Notes. "Rebate Amount"has the meaning set forth in Section 1.148-1(b) of the Regulations. 'Regulations"means any proposed, temporary, or final Income Tax Regulations issued pursuant to Sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Notes. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. "Yield"of(1) any Investment has the meaning set forth in Section 1.148-5 of the Regulations and (2) the Notes has the meaning set forth in Section 1.148-4 of the Regulations. (b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross SOUTHLAKE TAX NOTE ORDINANCE 2.doc • 57, -/,‘ Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any 0 Note to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Note, the City shall comply with each of the specific covenants in this Section. (c) No Private Use or Private Payments. Except as permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Notes: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Notes, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on'by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any,person or entity who is treated as using Gross Proceeds of the Notes or any property the acquisition, construction or improvement of which is III to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. (d) No Private Loan. Except to the extent permitted by section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Notes to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output or similar contract or arrangement; or(3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. (e) Not to Invest at Higher Yield. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Notes directly or indirectly invest Gross Proceeds in any Investment (or use Gross Proceeds to replace money so invested), if as a result of such investment the Yield from the Closing Date of all Investments acquired with Gross Proceeds (or with money SOUTHLAKE TAX NOTE ORDINANCE 2.doc • replaced thereby), whether then held or previously disposed of, exceeds the Yield of the • Notes. (f) Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Notes to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. (g) Information Report. The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. (h) Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Note is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Notes with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. • (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Notes until six years after the final Computation Date. (3) As additional consideration for the purchase of the Notes by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States out of the Note Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Notes equals (i) in the case of a Final Computation Date as defined in Section 1.148-3(e)(2) of the Regulations, one hundred percent (100%) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90%) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038-T or such other forms and SOUTHLAKE TAX NOTE ORDINANCE 2.doc S information as is or may be required by Section 148(f) of the Code and the IIIRegulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148-3(h) of the Regulations. (i) Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Notes, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection (h) of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Notes not been relevant to either party. (j) Elections. The City hereby directs and authorizes the Mayor, City Secretary, City Manager and Director of Finance, individually or jointly, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Notes, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. 0 SECTION 15: Sale of Notes. The Notes are hereby sold by the City to J. P. Morgan Securities and Dain Rauscher Incorporated (herein referred to as the "Purchasers") in accordance with the Purchase Contract, dated March 7, 2000, attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes. The Mayor is hereby authorized and directed to execute said Purchase Contract for and on behalf of the City and as the act and deed of this Council, and the City Secretary is authorized to attest said Purchase Contract, and in regard to the approval and execution of the Purchase Contract, the Council hereby finds, determines and declares that the representations, warranties and agreements of the City contained therein are true and correct in all material respects and shall be honored and performed by the City. SECTION 16: Official Statement. The use of the Preliminary Official Statement, dated , 1999, in the offering and sale of the Notes is hereby ratified, confirmed and approved in all respects, and the City Council hereby finds that the information and data contained in said Preliminary Official Statement pertaining to the City and its financial affairs is true and correct in all material respects and no material facts have been omitted therefrom which are necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. The final Official Statement, which reflects the terms of sale (together with such changes approved by the Mayor, City Secretary, City Manager or Director of Finance, one or more of said officials), shall be and is hereby in all respects approved and the Purchasers are hereby authorized to use and distribute said final Official Statement, dated March 7, 2000, in the reoffering, sale and delivery of the Notes to the public. SOUTHLAKE TAX NOTE ORDINANCE 2.doc • 59—op —o 9 4110 SECTION 17: Control and Custody of Notes. The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas, including the printing and supply of definitive Notes, and shall take and have charge and control of the Initial Note pending the approval thereof by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery thereof to the initial purchasers. . Furthermore, the Mayor, Mayor Pro Tern, City Manager, Director of Finance and City Secretary, any one or more of said officials, are hereby authorized and directed to furnish and execute such documents and certifications relating to the City and the issuance of the Notes, including certifications as to facts, estimates, circumstances and reasonable expectations pertaining to the use, expenditure, and investment of the proceeds of the Notes, as may be necessary for the approval of the Attorney General, the registration by the Comptroller of • Public Accounts and the delivery of the Notes to the purchasers, and, together with the City's financial advisor, bond counsel and the Paying Agent/Registrar, make the necessary arrangements for the delivery of the Initial Note to the purchasers and the initial exchange thereof for definitive Notes. SECTION 18: Proceeds of Sale. The proceeds of sale of the Notes, excluding the accrued interest and premium, if any, received from the Purchasers, shall be deposited in a construction fund maintained at the City's depository bank. Pending expenditure for authorized projects and purposes, such proceeds of sale may be invested in authorized' investments and any investment earnings realized shall be expended for such authorized projects and purposes or deposited in the Interest and Sinking Fund as shall be determined by • the City Council. Accrued interest and premium, if any, received from the sale of the Notes and any excess note proceeds, including investment earnings, remaining after completion of all authorized projects or purposes shall be deposited to the credit of the Interest and Sinking Fund. SECTION 19: Notices to Holders-Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States Mail, first class postage prepaid, to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Notes. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 20: Cancellation. All Notes surrendered for payment, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly canceled by it SOUTHLAKE TAX NOTE ORDINANCE 2.doc and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not • already canceled, shall be promptly canceled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Notes previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Notes so delivered shall be promptly canceled by the Paying Agent/Registrar. All canceled Notes held by the Paying Agent/Registrar shall be returned to the City. SECTION 21: Legal Opinion. The Purchasers' obligation to accept delivery of the Notes is subject to being furnished a final opinion of Fulbright & Jaworski, L.L.P., Dallas, Texas, approving the Bonds as to their validity, said opinion to be dated and delivered as of the date of delivery and payment for the Notes. An executed counterpart of said opinion shall accompany the global notes deposited with The Depository Trust Company or a reproduction thereof shall be printed on the definitive Notes in the event the book entry only system shall be discontinued. SECTION 22: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Notes. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Notes shall be of no significance or effect as regards the legality thereof and neither the City nor attorneys approving the Notes as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Notes. SECTION 23: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, the Paying Agent/Registrar and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being Sintended to be and being for the sole and exclusive benefit of the City, the Paying Agent/Registrar and the Holders. SECTION 24: Inconsistent Provisions. All ordinances, orders or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 25: Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 26: Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 27: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 28: Severability. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the SOUTHLAKE TAX NOTE ORDINANCE 2.doc Ill application thereof to other circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. 0 SECTION 29: Continuing Disclosure Undertaking. (a) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: "MSRB" means the Municipal Securities Rulemaking Board. "NRMSIR" means each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. "SID" means any person designated by the State of Texas or an authorized department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository within the meaning of the Rule from time to time. (b) Annual Reports. The City shall provide annually to each NRMSIR and any SID, within six months after the end of each fiscal year(beginning with the fiscal year ending September 30, 2000) financial information and operating data with respect to the City of the general type included in the final Official Statement approved by Section 16 of this Ordinance, being the information described in Exhibit C hereto. Financial statements to be provided shall 0 be (1) prepared in accordance with the accounting principles described in Exhibit C hereto and (2) audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If audited financial statements are not available at the time the financial information and operating data must be provided, then the City shall provide unaudited financial statements for the applicable fiscal year to each NRMSIR and any SID with the financial information and operating data and will file the annual audit report, when and if the same becomes available. If the City changes its fiscal year, it will notify each NRMSIR and any SID of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, if it is available from the MSRB) that theretofore has been provided to each NRMSIR and any SID or filed with the SEC. (c) Material Event Notices. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any of the following events with respect to the Notes, if such event is material within the meaning of the federal securities laws: SOUTHLAKE TAX NOTE ORDINANCE 2.doc 0 0 1. Principal and interest payment delinquencies; 2. Non-payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax-exempt status of the Notes; 7. Modifications to rights of holders of the Notes; 8. Note calls; 9. Defeasances; 10. Release, substitution, or sale of property securing repayment of the Notes; and 11. Rating changes. The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with subsection (b) of this Section by the time required by such Section. (d) Limitations, Disclaimers, and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section while, but only while, the City remains an "obligated person"with respect to the Notes within the meaning of the Rule,'except that the City in any event will give the notice required by subsection (c) hereof of any 0 defeasance that cause the City to be no longer such an "obligated person." The provisions of this Section are for the sole benefit of the Holders and beneficial owners of the Notes, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Notes at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY NOTE OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. SOUTHLAKE TAX NOTE ORDINANCE 2.doc S No default by the City in observing or performing its obligations under this 0 Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. The provisions of this Section may be amended by the City from time to time to adapt to changed circumstances resulting from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if(1) the provisions of this Section, as so amended, would have permitted underwriters to purchase or sell Notes in the primary offering of the Notes in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the Holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Notes consent to such amendment or (b) a Person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the Holders and beneficial owners of the Notes. The provisions of this Section may also be amended from time to time or repealed by the City if the SEC amends or repeals the applicable provisions of the Rule or a court of final jurisdiction determines that such provisions are invalid, but only if and to the extent that reservation of the City's right to do so would not prevent underwriters of the initial public offering of the Notes from lawfully purchasing or selling Notes in such offering. If the City so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection (b) an explanation, 0 in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. SECTION 30: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by V.T.C.A., Government Code, Chapter 551. SOUTHLAKE TAX NOTE ORDINANCE 2.doc III SECTION 31: Effective Date. This Ordinance shall take effect and be in full force immediately from and after its date of adoption shown below. PASSED ON FIRST READING, February 15, 2000. PASSED ON SECOND READING AND ADOPTED, this March 7, 2000. CITY OF SOUTHLAKE, TEXAS Mayor ATTEST: City Secretary APPROVED AS TO LEGALITY: City Attorney (City Seal) SOUTHLAKE TAX NOTE ORDINANCE 2.doc S �S� Exhibit C • to Ordinance DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 29 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: 1. The financial statements of the City appended to the Official Statement as Appendix B, but for the most recently concluded fiscal year. 2. The information under Tables 1 through 6 and 8 through 14. Accounting Principles The accounting principles referred to in such Section are the generally accepted accounting principles as applicable to governmental units as prescribed by The Government Accounting Standards Board. S SOUTHLAKE TAX NOTE ORDINANCE 2.doc City of Southlake, Texas STAFF REPORT February 11, 2000 CASE NO: ZA 99-141 PROJECT: Ordinance No. 480-331 / 1st Reading/Rezoning- Tract 5C,Hiram Granberry Survey, Abstract No. 581 STAFF CONTACT: Karen Gandy, Interim Planning Director, 481-5581, ext. 743 REQUESTED ACTION: Rezoning on property legally described as Tract 5C situated in the Hiram Granberry Survey,Abstract No. 581, and being approximately 7.939 acres. PURPOSE: Zoning approval required prior to development. LOCATION: 911 S. White Chapel Boulevard being on the east side of S. White Chapel Boulevard approximately 110' north of Princeton Park Drive OWNERS/APPLICANTS: Ted and Lesley Holt CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "RE" Residential Estate District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Twenty (20) RESPONSES: Three (3)responses were received from within the 200' notification area: • Sam and Frances Burnitt, 921 South White Chapel, Southlake, TX in favor, "The Holts plan to build a nice home and this would improve the area." (Received January 26, 2000.) • Randy G. Colvin, 310 Silverwood Circle, Southlake, TX in favor. (Received January 26, 2000.) • Sherran Washington, 7300 Hix Court, Colleyville, TX no comment, "We no longer own Tract 5C of the Hiram Granberry Survey, Abstract No. 581." (Received January 26, 2000.) ' P&Z ACTION: February 3, 2000; Approved (5-0). STAFF COMMENTS: Please note that a change of zoning to the "RE" Residential Estate District does not require a Concept Plan Review by Staff. N:\Community Development\WP-FILES\MEMO\99CASES\99-141Z.doc 5a- I City of Southlake, Texas Surrounding Property Owners ZA99-141 r � I f"b LILAC I *ST f- ), LL___ - , I ----I- 20 1. 2 3 4 5is IIR1 * o mill �ill ) - 0111111111 17 Till woo WI 16 16 _ -M. IVO - 40tt BM ).' fililiilinia \' I Ile 6-n-- imudisol‘111-P". 1 EMI 11111MEIN iii ail _ I a. =�:E Alta imNi - 1111111111W NV - Moor, Property Owner Zoning Land Use Description 1. D.Diepenbrock 1. "RE" 1. Low Density Residential 2. D.Diepenbrock 2. "RE" 2. Low Density Residential 3. R.Matz 3. "AG" 3. Low Density Residential 4. R.Humm 4. "R-PUD 4. Medium Density Residential 5. B.Cepak 5. "R-PUD" 5. Medium Density Residential 6. R.Hopkins 6. "R-PUD" 6. Medium Density Residential 7. J.Joyce 7. "R-PUD" 7. Medium Density Residential 8. R.Colvin 8. "R-PUD" 8. Medium Density Residential 9. W.Lowe 9. "R-PUD" 9. Medium Density Residential 10.J.Finn 10."R-PUD" 10.Medium Density Residential 11.T.Beardslee 11."R-PUD" 11.Medium Density Residential 12.M.Bray 12."R-PUD" 12.Medium Density Residential 13.P.Wirtanen 13."R-PUD" 13.Medium Density Residential 14. G. Salazar 14."R-PUD" 14.Medium Density Residential 15. S.Bumitt 15."AG" 15.Low Density Residential 16.J.Dismukes 16."SF-1A" 16.Medium Density Residential 17.D. Grim 17."SF-1A" 17. Medium Density Residential 18.G. Gordon 18."SF-1A" 18.Medium Density Residential 19.J.Wetteland 19."SF-1A". 19.Medium Density Residential 20.J.Wright 20."RE" 20.Medium Density Residential N:\Community Development\WP-FILES\NOTICE\99Exhibits\99141Z.doc 6 a-3 City of Southlake, Texas Case No. 99-141 Review No. One Dated: 0—06 - 00 Number of Pages: 1 Project Name: Tract 5C, Hiram Granberry Survey, Abstract No. 581 (Rezoning) Contact: Keith Martin, Landscape Administrator Phone: (817) 481-5581, x 848 Fax: (817) 421-2175 The following comments are based on the review of plans received on 12 - 27 - 99 . Comments designated with a (#) symbol may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z or City Council. It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. * No comments. BUILDING INSPECTIONS CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 4.80=331 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE,TEXAS BEING LEGALLY DESCRIBED AS TRACT SC SITUATED IN THE H,IRAM:eGRANBERRY SURVEY,,ABSTRACTFNO:,S8rI;AND BEING wAPPROXIMATELY .7939 `;ACRES, AND MORE . 'FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM"AG"AGRICULTURAL,DISTRICT TO"RE".SINGLE FAMILY RESI.DENTIAL'ESTATE DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST,MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the • authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety,morals and general welfare, all in accordance with a comprehensive plan; and N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBAIPENDING1480-331.DOC Page 1 WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS,the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages;noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the 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, N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-331.DOC Page 2 ��r W WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes,that the public demands them,that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS,the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets,helps secure safety from fire,panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools,parks and other public requirements; and, WHEREAS,the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby N:ICOMMUNITY DEVELOPMENT IWP-FILESIZBAIPENDING1480-331.DOC Page 3 amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tract SC+situated.in the Hiram.Granberry Survey ,Abstract:No.;5:81`,and:,being - approximately 7.939 acres, and more fully and completely described in Exhibit"A" -per wr from AG''-Agr cultutal`I)istrict to .`,RE,'-';Bugle Faiiily:iResidez l alEstate District. SECTION 2. That the City Manager is hereby directed_to'correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. • SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be • subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are.not amended • hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration ,of population; and to facilitate the adequate provision of transportation, 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 N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-331.DOC Page 4 `.3Q- 8 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. 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 N:\COMMUNITY DEVELOPMEN'I\WP-FILES\ZBA\PENDING1480-33I.DOC Page 5 q 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 ,2000. MAYOR ATTEST: CITY SECRETARY N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-33I.DOC Page 6 5a_ In PASSED AND APPROVED on the 2nd reading the day of , 2000. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-331.DOC Page 7 I r • EXHIBIT "A" BEING A TRACT OF LAND OUT OF THE HIRAM GRANBERRY SURVEY, ABSTRACT NO. 581. TARRANT COUNTY, TEXAS, AND BEING THE SAME TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 9800. PAGE 66, DEED RECORDS, TARRANT COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT A PIPE FOUND, AND BEING LOCATED BY DEED,1528.9 FEET NORTH 00 DEGREES 06 MINUTES 00 SECONDS EAST FROM THE SOUTHEAST CORNER OF SAID HIRAM GRANBERRY SURVEY, ABSTRACT NO. 581, AND BEING THE NORTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 7036, PAGE 842. DEED RECORDS, TARRANT COUNTY, TEXAS; THENCE NORTH 89 DEGREES 58 MINUTES 20 SECONDS WEST (DEED CALL NORTH 89 DEGREES 59 MINUTES 26 SECONDS WEST) 1317.19 FEET ALONG THE NORTH LINE OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 7036, PAGE 842, AND VOLUME 6732, PAGE 430, DEED RECORDS, TARRANT COUNTY, TEXAS, TO A 1/2' IRON PIN FOUND IN THE EAST LINE OF SOUTH WHITE CHAPEL ROAD. FOR THE SOUTHWEST CORNER OF TRACT BEING DESCRIBED, SAID POINT ALSO BEING THE NORTHWEST CORNER OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 6732, PAGE 430; THENCE NORTH 00 DEGREES 21 MINUTES 00 SECONDS EAST 262.27 FEET (DEED CALL 262.70 FEET) ALONG SAID EAST LINE OF SOUTH WHITE CHAPEL ROAD TO A 1/2" IRON PIN FOUND FOR THE NORTHWEST CORNER OF TRACT BEING DESCRIBED IN DEED RECORDED IN VOLUME 5414, PAGE 238. DEED RECORDS, TARRANT COUNTY, TEXAS; THENCE NORTH 89 DEGREES 59 MINUTES 15 SECONDS EAST 1315.31 FEET ALONG THE SOUTH LINE OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 5414, PAGE 238, TO A 1/2" IRON PIN FOUND FOR THE NORTHEAST CORNER OF TRACT BEING DESCRIBED; THENCE SOUTH 00 DEGREES 03 MINUTES 41 SECONDS EAST 263.19 FEET TO THE POINT OF BEGINNING AND CONTAINING 7,939 ACRES OF LAND. MORE OR LESS • N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-331.DOC Page 8 City of Southlake, Texas 4. MEMORANDUM February 11, 2000 To: Billy Campbell, City Manager From: Ron Harper, Director of Public Works, extension 779 Subject: Ordinance No. 773, Quitclaim Deed and Abandonment for portion of old North Carroll Avenue • Action Requested: . Authorize the Mayor to sign a quitclaim,deed for a portion of old North Carroll Avenue. Background Information: On June 1, 1999 the City of Southlake abandoned several portions of old North Carroll Avenue in the area of the relocated North Carroll Avenue. Juergen Strunck and Cooper and Stebbins had a separate agreement in which Cooper and Stebbins would deed property to Mr. Strunck. Because of this agreement, the City did not need to take action regarding the abandonment of the road to Mr. Strunck. Mr. Strunck is in the process of perfecting his title and the title company.(Rattikin Title) has requested this Quitclaim Deed. Financial Considerations: None. • Citizen Input/ Board Review: None. Legal Review: None. Alternatives: No logical alternatives. Supporting Documents: Ordinance No. 773 Quitclaim Deed Staff Recommendation: Staff recommends that the Mayor be authorized to sign this Quitclaim Deed and that this be placed on the February 1, 2000 City Council Agenda for approval. 1411/ Ron Harp , . . Director Public Works RJH/ts 512 -a. ORDINANCE NO. 773 AN ORDINANCE VACATING AND ABANDONING A RIGHT OF WAY IN PORTIONS OF LOTS 1 AND 2, BLOCK 9 OF THE SOUTHLAKE TOWN SQUARE ADDITION "IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED RELEASING PUBLIC OWNERSHIP INTEREST AND CONTROL OF SAID RIGHT-OF-WAY; PROVIDING A SEVERABILITY CLAUSE; 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, a right of way has been previously dedicated to the City of Southlake by the owners of Lots 1 and 2, Block 9 of the Southlake Town Square Addition to the City of Southlake, Tarrant County, Texas; and WHEREAS, the City Council of the City of Southlake, after careful study and consideration, has determined that the right-of-way located in portions of Lots 1 and 2, Block 9 of the Southlake Town Square Addition is not being used by, nor useful or convenient to the public in general; therefore, it constitutes a public charge without a corresponding public benefit, and the public would be better served and benefited by its vacation and abandonment; WHEREAS, in order to remove any question as to the continued interest or ownership of the public in said right-of-way, the City desires to execute a quitclaim deed releasing all title, ownership and control in said .right-of-way to the owner of the abutting property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY-COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: 5R-3 SECTION 1. The right-of-way in portions of Lots 1 and 2, Block 9 of the Southlake Town Square Addition to the City of Southlake, Tarrant County, Texas, more specifically described in Exhibits "A" and "B" attached hereto and incorporated herein for all purposes, is not being used by, nor useful or convenient to the public in general. It constitutes a public charge without a corresponding benefit, and the public would be better served and benefited by its vacation and abandonment. Accordingly, the above described right-of-way is hereby vacated and abandoned as public property and shall revert in fee simple to the owner of Lots 1 and 2, Block 9 of the Southlake Town Square Addition. SECTION 2. The Mayor of the City of Southlake, Texas, is hereby authorized and empowered to execute a quitclaim deed releasing all claims to title, ownership, or control of the right-of-way, on behalf of the City of Southlake, Texas. SECTION 3. A copy of said quitclaim deed shall be presented for filing with the County Clerk of Tarrant County, Texas by the office of the City Secretary. SECTION 4. 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 5. This Ordinance shall be in full force and effect from and after its passage, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 2000. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 2000. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney 5�-l� QUITCLAIM DEED STATE OF TEXAS § § KNOW ALL,MEN BY THESE PRESENTS: COUNTY OF TARRANT § That the City Council of the City of Southlake, County of Tarrant, State of Texas, after careful study and consideration, has determined that the right of way of portions of North Carroll Avenue, located in portions of Lots 1 and 2, Block 9 of the Southlake Town Square Addition, located in the City of Southlake, hereinafter more specifically described and depicted as on Exhibit "A" attached hereto and incorporated herein, is not being used by, nor useful or convenient to the public in general; therefore, it constitutes a public charge without a corresponding public benefit, and the public would be better served and benefited by its vacation and abandonment. For and in consideration of the above findings and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City of Southlake ("Grantor") does hereby bargain, sell, release, vacate, abandon and forever quitclaim unto Southlake Venture West, L.P. ("Grantees"), any and all of their heirs, legal representatives or assigns, all of Grantor's right, title, and interest in and to the right of way described on Exhibit "A" in proportion to their abutting ownership. TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the above described right of way unto the said Grantee, his heirs and assigns forever, so that neither Grantor nor its heirs, legal representatives or assigns shall have, claim or demand any right or title to the aforesaid right of way, premises or appurtenances or any part thereof. EXECUTED this day of , 2000. CITY OF SOUTHLAKE By: Mayor 51e-1 • EXHIBIT "A" Tract 3D1 • I Juergen F. Strunk ' P.O. Box 1055 —p�� II • Grapevine, TX 76099-1055 ---- ---I Vol. 6365, P. 206 Jlr L_ Ul p�B Total Described Area: 589°29'49°E 6.241 SQ. F.T o 36. 18' 0. 143 ACRES - ct 04 W.W. HALL A-695 1 1 '06"W 297. 19' PL _o N00° i RI CHARD EADS A-481 // / // / /// / // /// // / o 0 I%P / /i' / 515°�222t cc __ ,� �/ // ///:/ / , / 9 • --------- ----- - Soutl�lake S00° 11 ' 06"E 203. 52' Town Square 1 ( J.V. PL • Lot 1, Block 9 - -- -- - � . Southlake R O w- — L -------Town wn Square - RR�L "� • Lot 2, Blocky .C� i'�� I . o s ss so -} A0 F T Note:ALL BEARINGS BASED ON TIE WEST LINE OF THE •"` I 0 STf p 4 SOUTf2AKE TOWN SQUARE ADDITION,CAB71fET 4 SLIDE 4892 (PRTCT) Iiii0!!tiiiiij _ y e'' * g0 7 SURVEYOR'S CERTIFiCATION (N FEET ) EDDE L.CHEATHAM I.Eddie L.Cheathan of CHEATHAM AND'ASSOCIATES.a Registered Professional Land Surveyor of the State of Texas.do hereby declare that the calculations. 1 Inch - 30 ft. 4 2346 �•, graphic depiction and kgai descriptions of this survey were properly prepared C ound IA, S 3�a,A0 under om an actual y ary made ¢ � CHEATHAM AND ASSOCIATES SURD \ '1—p C06 -*-n-� 1601E.i R eLvu SATE soo Registered Professional Land Surveyor No.2346 tern p Metro(31712E5-e836 t 1. • Exhibit 'B' Being a 0.143 acre tract of land in the Richard Eads Survey,Abstract No.481,City of Southlake, Tarrant County,Texas,previously being a portion of the Carroll Avenue right-of-way and currently portions of Lots 1 and 2,Block 9 of the Southlake Town Square Addition, as recorded in Cabinet A, Slide 4892,Plat Records,Tarrant County,Texas and being more particularly described as follows: COMMENCING at a 1/2" iron pin found, said point being the southeast corner of a tract conveyed to Juergen F. Strunck in Volume 6365 Page 206 (D.R.T.C.T.)and in the original west right-of-way line of Carroll Avenue; THENCE S 89° 29' 49"E,for a distance of 36.18 feet to the POINT OF BEGINNING, said point being in the west property line of said Lot 1 of the Southlake Town Square Addition, said point also bears S 00° 11'06"E 5.16 feet from the northwest corner of Lot 1; THENCE N 00° 11'06"W,for a distance of 297.19 feet continuing along west property line of said Southlake Town Square Addition to a point for a corner in the west property line of Lot 2, Block 9 of the Southlake Town Square Addition passing the northwest corner of Lot 1 at 5.16 feet; THENCE S 15° 02' 30"E,for a distance of 97.22 feet to a point for a corner in the east line of the previous right-of-way line of North Carroll Avenue; THENCE S 00° 11'06"E,for a distance of 203.52 feet continuing along said previous right-of-way line to a point for a corner, said point being 5.16 feet south of the south property line of Lot 2, Block 9 of the Southlake Town Square Addition; THENCE N 89°29' 50"W,for a distance of 24.93 feet to the POINT OF BEGINNING, containing 6,241 square feet or 0.143 acres,more or less. G:\O0I-232\232-L6.DOC January 7,2000 • S-9 bebra Edmondson . . • 1306 Plantation Dr. • Southlake, TX 76092 Home Phone 817-488-3144 FEB 8 2000 February 08, 2000 ( C. Sandy LeGrand, City of Southlake 1725 E. Southlake Blvd. Southlake, TX 76092 Dear Billy, In accordance with Section 2.08 of the Southlake City Charter, I am resigning my Council position, Place 4, to run for the office of Mayor of Southlake. Referencing the letter from Southlake's city attorney, I will continue to serve the citizens of Southlake as a councilmember until my successor for Council Place 4 is chosen in the May 2000 election. It is a privilege to serve this City, and I am looking forward to working with the Council leading Southlake into the 21st century. Si e ely, a Edmondson • • City of Southlake, Texas RESOLUTION NO. 00-21 CALLING A SPECIAL ELECTION TO BE HELD ON MAY 6, 2000 THE RESOLUTION HAS NOT ARRIVED FROM THE CITY ATTORNEY'S OFFICE, BUT WILL BE FORWARDED TO YOU ON MONDAY THE SPECIAL ELECTION IS NECESSARY TO FILL A VACANCY IN OFFICE 5T-1 City of Southlake, Texas J' MEMORANDUM February 11, 2000 TO: • Billy Campbell, City Manager FROM: Shana K. Yelverton, Assistant City Manager SUBJECT: Ordinance No. 657-A, Amending Ordinance No. 657 imposing impact fees for water, wastewater, and roadway improvements . Action Requested: Approval of Ordinance No. 657-A, Amending Ordinance No. 657 imposing impact fees for water_, wastewater and roadway improvements on second reading. • Background Information: For almost one year, a team of staff, consultants and the Capital Improvements Advisory Committee (comprised of the Planning & Zoning • Commission) have worked to update the water, wastewater and roadway impact fee study that was adopted in 1996. The update, that was prepared in accordance with the requirements of Chapter 395 of the Local Government Code, provided an opportunity for examining every component of the study. • The Capital Improvements Advisory Committee (CIAC) thoroughly examined each component of the study in detail, providing input and advice regarding the land use assumption report and proposed capital, improvements program. Additionally, the CIAC studied the methodology used by the consulting team and provided important feedback to ensure that conditions specific to Southlake were fully considered as part of the study. The CIAC has prepared written comments on the study as required by law. On Monday, January 24, 2000, a workshop was held with City Council to discuss the study and its components. Staff and consultants were on hand to answer questions and.provide an overview of the study components, as well as the calculated fees. On first reading, Council approved amendments to the text of the ordinance, adopted the water, wastewater, and roadway capital improvements programs and land use assumptions included as exhibits with the ordinance, and adopted the maximum allowable fee and collection fee schedules (also included as exhibits to the ordinance). Council's approval on first reading adopted the impact fee collection level recommendation as presented by Lewis F. McLain, coordinating consultant for the project. Following Council's approval of the ordinance on second reading on February 15, 2000, adjusted fees will be assessed at the time of final platting for new development. 7A-1 Billy Campbell, City Manager February 11, 2000 Page 2 Financial Considerations: The City of Southlake has collected water and wastewater impact fees since 1990 and roadway impact fees since 1996. A report, detailing collections and expenditures of these funds to date, was provided to the CIAC for review as required by Chapter 395. The CIAC has provided their'review of the accounting reports as part of their comments, which have been provided to the City Council. Citizen Input/ Board Review: As previously mentioned, the CIAC has been involved in an extensive review of the study components. Minutes of their meetings were provided to the City Council for the January 24, 2000.workshop. On Friday, February 11, 2000, a group of developers met to consider the proposed changes to the ordinance. A summary of their thoughts will be presented to Council on Tuesday. Legal Review: The city attorneys have reviewed the ordinance under consideration. Alternatives: The City Council will be asked to approve the maximum allowable impact fee, as well as the collected fee as part of the ordinance.under consideration. The following alternatives may be considered when doing so: 1) The maximum fee approved by Council as part of the ordinance may not exceed the maximum fee published as.part of the notice for the public hearing. 2) The Council may set the_ collection fee at whatever level it deems appropriate, provided that it is less than the maximum fee. Note that our consultants have strongly recommended that, the Council consider adopting a collection fee that is less than or equal to the equilibrium fee calculated by our fiscal consultant. Supporting Documents: "Impact Fee Collection level Recommendation," Memo from L. McLain Ordinance No. 657-A, including all exhibits Staff Recommendation: Staff recommends Council approval of Ordinance No. 657-A, setting the collection fees at whatever level Council deems appropriate. 7A-2 Lewis F . McLain , Jr . Fiscal Planning Consultant 2515 Nature Bend - Carrollton , Texas 75006 972-418-6536 / 972-418-1830 Fax / lfm@citybase . net Memorandum To: Shana Yelverton Subject: Impact Fee Collection Level Recommendation Date: January 28, 2000 I have given a considerable amount of thought to the appropriate level of impact fees to be established for collection purposes. The update has produced the following outcomes: • The maximum water impact fee has risen from $1,798.32 to $3,609.00 (100% increase) per 1" residential meter. • The maximum sewer impact fee has risen from $1,265.68 to $2,249.00 (78% increase) per residential account. • The average roadway impact fee has risen from $649.25 to $1,669.88 (157% increase) per vehicle-mile (V-M). However, some of the individual roadway service areas (SA) have increased more dramatically: o SA 1 - from $508 to $898 or 77% o SA 2 - from $795 to $1,045 or 31% o SA 3 - from $760 to $2,641 or 248% o SA 4 - from $551 to $1,181 or 114% o SA 5 - from $643 to $1,442 or 124% o SA 6 - from $618 to $1,075 or 174% o SA 7 - from $722 to $1,520 or 111% o SA 8 - from $597 to $3,557 or 496% Note that the engineering equivalency table that has been established results in a value of 3.03 V-M per residential lot. Therefore, the fees per V-M shown above should be multiplied by 3.03 to determine the roadway impact fee for a residential lot in Southlake. The legally maximum impact fee (water, sewer and roadway) that could be charged to a single family residential home is $16,636 compared to the current level of $3,550. Related to roadway impact fees, the following observations should be considered: 7A-3 • It is possible that the wide variation between the calculated roadway service areas could present a problem if the actual fees adopted for collection purposes has a similar variation. The cost differences have been documented and represent the cost relationships that might be fairly recovered at a constant reduction rate applied to all service areas. This issue was discussed with the Capital Improvements Advisory Committee (CIAC), but there may be other perspectives to consider. • The City decided to charge the same impact fee to all service areas in the 1996 roadway impact fee study, thereby establishing a precedent with which to contend. • There is likely to be a perception that great variations in fees charged across the service areas are, in fact, inequitable. The reason for the service area segregation is a geographical limitation established by law rather than by sound planning logic. • The City does not separate the sewer system into service areas, although there could be some logic applied for these projects that mainly divide into two drainage basins. These points outlined have influenced me to rethink the roadway service area collection fee issue. It is my recommendation that the City continue its current practice of charging the same fee to each roadway service area. The next question, regarding the recommended fee to be collected, can now be addressed. Recommendation It is my recommendation that the City establish a collection fee that: • Recovers 50% of the maximum water and sewer impact fee, which is a 24.65% increase over the current'collection fee.level. • Limits the roadway impact fee increase to the same percentage increase from the current collection level as is applied to the water and sewer fees - 24.65%. • Retains the current methodology of recovering the same fee level uniformly across the eight roadway service areas. • These changes will result in combined fees of $4,425 or an increase of $875 from the current level of $3,550 per single-family residential lot. The changes in the commercial development could be higher or lower, depending on the type of usage and the revised equivalency tables. 7A-4 Additional Rationale There are other factors that I would,highlight as having an influence on my recommendation, most of which have been included in one of my reports or presentations: • There does need to be a reduction from the maximum impact fee to establish a collection fee that recognizes the other sources of payments that new growth pays for itself through utility and tax bills. An impact fee payer today (through the builder) is a' utility and tax payer within a few months. Utility and tax rates include a component for infrastructure financing. If a new citizen paid 100% of the maximum impact fee, which fully compensated the City for the capital costs, then there would have to be two levels of utility and tax bills, an administrative and political nightmare. The appropriate and fair way to recognize this second method of payment is to reduce the impact fee collection level to 60 to 75% in most cases. • There was legislation passed by both the Texas House of Representatives and Senate that would have required a reduction of the maximum impact fee by a minimum of 50% to recognize the potential for charging new growth twice. The bill was vetoed by the Governor in favor of additional study. My 'recommended 50% recovery level discussed in this letter is influenced partially by the knowledge of the actions of the state legislature but more so is influenced by the potential revenue that would be produced and the limitations beyond which create certain developer community resistance. • The City has already built most of the water and sewer system structure, some major components designed to handle ultimate new growth. The importance of sustained growth can be dramatized by the examination of the potential for a lessening of impact fees and the resulting base to carry the burden. In other words, much of the infrastructure is in place to handle future growth, but it is a certainty that the existing utility and tax payers will have to pay for the capacity provided for new growth whether that new growth comes or not. Therefore, I am sensitive to the negative factors that would influence future development -- not for the sake of developers and builders as much as for the benefit of the existing rate and tax payers. 7A-5 a ORDINANCE NO. 657-A AN ORDINANCE RELATING TO THE REGULATION OF THE USE AND DEVELOPMENT OF LAND IN THE INCORPORATED LIMITS OF THE CITY OF SOUTHLAKE,TEXAS; IMPOSING AN IMPACT FEE ON NEW LAND DEVELOPMENT IN SOUTHLAKE FOR PROVIDING WATER AND WASTEWATER FACILITIES NECESSITATED BY SUCH NEW DEVELOPMENT; PROVIDING ROADWAY IMPROVEMENTS TO SUPPORT NEW DEVELOPMENT; STATING THE AUTHORITY FOR ADOPTION OF THE ORDINANCE; PROVIDING DEFINITIONS; PROVIDING FINDINGS AND DECLARATIONS OF THE CITY COUNCIL; PROVIDING FOR THE ASSESSMENT,PAYMENT AND TIME OF PAYMENT OF A WATER AND WASTEWATER FACILITIES IMPACT FEE; PROVIDING FOR THE ASSESSMENT, PAYMENT AND TIME OF PAYMENT OF A ROADWAY IMPACT FEE; PROVIDING FOR REVIEW OF WATER AND WASTEWATER FACILITIES IMPACT FEES AND THE FEE SCHEDULES; PROVIDING FOR THE PLACEMENT OF REVENUE COLLECTED FROM WATER AND WASTEWATER FACILITIES IMPACT FEES AND ROADWAY IMPACT FEES INTO WATER AND WASTEWATER FACILITIES IMPACT FEE ACCOUNTS AND ROADWAY IMPACT FEE ACCOUNTS ESTABLISHED FOR THAT PURPOSE; PROVIDING FOR EXEMPTIONS; PROVIDING FOR REFUND OF UNEXPENDED FUNDS; PROVIDING FOR USE OF FUNDS DERIVED FROM WATER AND WASTEWATER FACILITIES IMPACT FEES; PROVIDING THAT IMPACT FEES MAY BE PLEDGED TOWARD PAYMENT OF BOND ISSUES AND SIMILAR DEBT INSTRUMENTS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake is responsible for and committed to the provision of public facilities and services at levels necessary to cure any existing public service deficiencies in already developed areas; and WHEREAS, such facilities and service levels shall be provided by the City utilizing 7A-6 02/11/00-1:33 PM funds allocated in the capital budget and capital improvement plan processes and relying upon the funding sources indicated therein; and WHEREAS,new residential and nonresidential development causes and imposes increased demands upon City public facilities and services, including water and wastewater facilities, and roadways, that would not otherwise occur; and WHEREAS,planning and zoning projections indicate that such development will continue and will place ever-increasing demands on the City to provide necessary public facilities; and WHEREAS, the development potential and property values of properties is strongly influenced and encouraged by City policy as expressed in the Comprehensive Land Use Plan and as implemented via the City zoning ordinance and map; and WHEREAS,to the extent that such new development places demands upon the public facility infrastructure,those demands should be satisfied by shifting the responsibility for financing the provision of such facilities from the public at large to the developments actually creating the demands for them; and WHEREAS,the amount of the impact fee to be imposed shall be determined by the cost of the additional public facilities needed to support such development, which public facilities shall be identified in a capital improvement plan, and WHEREAS,the City Council, after careful consideration of the matter, hereby finds and declares that impact fees imposed upon residential and nonresidential development to finance specified major public facilities in designated service areas,the demand for which is created by such development, are in the best interests of the general welfare of the City and its residents, are equitable, and do not impose an unfair burden-on such development; 7A-7 02/11/00-1:33 PM WHEREAS,the City of Southlake has previously adopted water, wastewater and roadway impact fees to offset these costs in accordance with the guidelines and requirements set forth in Chapter 395 of the Texas Local Government Code; and WHEREAS,the City Council now desires to update its land use assumptions and capital improvements plan and amend its impact fees in accordance with the provisions of Chapter 395; and WHEREAS,the City Council finds that the City has complied with said statute in the notice, adoption, promulgation and methodology necessary to adopt and amend its impact fees ; NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 SHORT TITLE This Ordinance shall be known and cited as the Water, Wastewater and Roadway Impact Fee Ordinance. SECTION 2 • INTENT This Ordinance is intended to impose water, wastewater and roadway impact fees, as established in this Ordinance, in order to finance public facilities,the demand for which is generated by new development in the designated service area or areas. SECTION 3 • AUTHORITY The City is authorized to enact this Ordinance by Chapter 395 of the Texas Local Government Code; as amended, ("Chapter 395") and by the Southlake City Charter which 7A-8 02/11/00-1:33 PM authorize it to enact or impose impact fees on land within its corporate boundaries or, extraterritorial jurisdiction, or on land owned by persons with whom it has a water or wastewater service contract, as charges or assessments imposed against new development in order to generate revenue for funding or recouping the costs of capital improvements or facility expansions necessitated by and attributable to such new development. The provisions of this Ordinance shall not be construed to limit the power of the City to adopt such Ordinance pursuant to any other source of local authority, nor to utilize any other methods or powers otherwise available for accomplishing the purposes set forth herein, either in substitution of or in conjunction with this Ordinance. Guidelines may be developed by resolution or otherwise to implement and administer this Ordinance. SECTION 4 DEFINITIONS As applied in this Ordinance, the following words and terms shall be used: (1) Assessment- The determination of the amount of the maximum impact fee per service unit which can be imposed on new development pursuant to this Ordinance. (2) Building Permit- Written permission issued by the City for the construction, repair, alteration or addition to a structure. (3) Capital Construction Cost of Service- Costs of constructing capital improvements or facility expansions, including and limited to the construction contract price, surveying and engineering fees, land acquisition costs (including land purchases, court awards and costs, attorney's fees, and expert witness fees), interest charges and other finance costs for bonds, notes or other obligations issued to finance capital improvements identified in the Capital Improvement Plan, and the fees actually paid or contracted to be paid to an independent qualified engineer or financial consultant preparing or updating the capital improvements plan who is not an employee of the City. 7A-9 02/11/00-1:33 PM (4) Capital Improvements Advisory Committee (Advisory Committee) -Advisory committee, appointed by the City Council, consisting of at least five members,not less than 40 percent of which shall be representatives of the real estate, development, or building industries which are not employees of the City, and, if impact fees are to be applied within the extraterritorial jurisdiction of the City, including one member representing the extraterritorial jurisdiction; or consisting • of the Planning and Zoning Commission, including one regular or ad hoc member who is not an employee of the City and which is representative of the real estate, development, or building industry, and, if impact fees are to be applied within the extraterritorial jurisdiction of the City, one representative of the extraterritorial jurisdiction area; which committee is appointed to regularly review and update the Capital Improvement Plan in accordance with the requirements of Chapter 395. (5) Capital Improvement Plan(CIP) -The plan or plans adopted in Sections 9 and 10 of this Ordinance which identify water, wastewater, and roadway capital improvements or facility expansions pursuant to which impact fees may be assessed. The Capital Improvement Plan may be composed of a separate Water and Wastewater Capital Improvement Plan and a Roadway Capital Improvement Plan. (6) City- City of Southlake. (7) City Council (Council) - Governing body of the City of Southlake. (8) Commercial Development-For the purposes of this Ordinance, all development which is neither residential nor industrial. (9) Comprehensive Plan (Master Plan) - The comprehensive long-range plan, adopted by the City Council, which is intended to guide the growth and development of the City which includes analysis,recommendations and proposals for the City regarding such topics as population, economy, housing, transportation, community facilities and land use. • (10) Credit- The amount of the reduction of a impact fee for fees,payments or charges for the same type of capital improvements for which the fee has been assessed. (11) Existing Development-All development within the service area which has a water or wastewater tap on the City's water or wastewater system, or which has access to the City's roadway system as of the date of the adoption of this Ordinance. 7A-10 02/11/00--1:33 PM (12) Facility Expansion- The expansion of the capacity of an existing facility which serves the same function as an otherwise necessary new capital improvement in order that the existing facility may serve new development. Facility expansion does not include the repair,maintenance,modernization, or expansion of an existing facility to better serve existing development. (13) Final Plat- The map, drawing or chart meeting the requirements of the City's Subdivision Ordinance on which is provided a subdivider's plan of a subdivision, and which has received fmal approval by the Planning and Zoning Commission or City Council and which is recorded with the office of the County Clerk. (14) Growth-Related Costs - Capital construction costs of service related to providing. additional service units to new development, either from excess capacity in existing facilities, from facility expansions or from new capital facilities. Growth- related costs do not include: (a) Construction, acquisition, or expansion of public facilities or assets other than capital improvements or facility expansions identified in the capital improvements plan; (b) Repair, operation, or maintenance of existing or new capital improvements or facility expansions; (c) Upgrading, updating, expanding, or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental, or regulatory standards; (d) Upgrading, updating, expanding, or replacing existing capital improvements to provide better service to existing development; (e) Administrative and operating costs of the City; and (f) Principal payments and interest or other finance charges on bonds or other indebtedness, except for such payments for growth-related facilities contained in the Capital Improvement Plan. (15) Impact Fees - Fee to be imposed upon new development, calculated based upon the costs of facilities in proportion to development creating the need for such facilities. Impact fees do not include dedication of land for public parks or 7A-11 02/11/00--1:33 PM payment in lieu of the dedication to serve park needs; dedication of rights-of-way or easements, or construction or dedication of site-related water distribution or wastewater collection facilities or internal roadways required by other ordinances of the City Code; or lot or acreage fees placed in trust funds for the purpose of reimbursing developers for oversizing or constructing water or wastewater mains or lines; or participation fees charged as part of the Neighborhood Sewer Program. (16) Industrial Development- Development which will be assigned to the industrial customer class of the water or wastewater utilities; generally development in which goods are manufactured, or development which is ancillary to such manufacturing activity. (17) Land Use Assumptions - Description of the service area and projections of changes in land uses, densities, intensities, and population therein over at least a 10-year period, adopted by the City, as may be amended from time to time, upon which the capital improvement plans are based. (18) Living Unit Equivalent(LUE) - Basis for establishing equivalency among and within various customer classes and land uses. For water and wastewater uses, an LUE is based upon the relationship of the continuous daily maximum flow rate in gallons per minute for a water meter of a given size and type compared to the continuous daily maximum flow rate in gallons per minute for a 1" diameter simple water meter,using American Water Works Association C700-C703 standards. The table of equivalencies for water and wastewater is included in Exhibit D-1. (19) New Development- The subdivision of land; or the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure; or any use or extension of the use of land; any of which increases the number of service units for water,wastewater or roadway services or requires the purchase of a new water or wastewater tap. New development includes the purchase of a water tap resulting from the conversion of an individual well to the City's water utility and includes the purchase of a wastewater tap resulting from the conversion of an individual septic or other individual waste disposal system to the City's wastewater utility. (20) Offset- The amount of the reduction of an impact fee designed to fairly reflect the value of system-related facilities, pursuant to rules herein established or administrative guidelines, provided and funded by a developer pursuant to the 7A-12 02/11/00-1:33 PM City's subdivision regulations or requirements. (21) Public Works Director-Public Works Director of the City of Southlake, or his designee. (22) Residential Development-A lot developed for use and occupancy as a residence or residences, according to the City's zoning ordinance. (23) Roadway Facility-Improvement for providing roadway service including, but not limited to,pavement,right-of-way, drainage and traffic control devices. Roadway facility excludes roadways which are constructed by developers,the costs of which are reimbursed from charges paid by subsequent users of the facilities. Roadway facilities also exclude dedication of rights-of-way or easements or construction or dedication of off-site roadways required by valid ordinances of the City of Southlake and necessitated and attributable to the new development. (24) Roadway Facility Expansion-Expansion of the capacity of any existing roadway improvement for the purpose of serving new development, not including the repair, maintenance,modernization or expansion of the existing roadway facility to serve existing development. (25) Roadway Improvement Plan-Portion of the CIP, as may be amended from time to time,which identifies the roadway facilities or roadway expansions and their associated costs which are necessitated by and which are attributable to new development, and which are to be financed in whole or in part through the imposition of roadway impact fees pursuant to this Ordinance. (26) Service Area- An area defined in this Ordinance within the corporate boundaries of the City for roadway facilities or with the corporate boundaries or extraterritorial jurisdiction of the City or other areas served by the City for water and wastewater facilities to be served by the capital improvements or facility expansions specified in the Capital Improvement Plan applicable to the service area. (27) Service Unit- Standardized measure of consumption, use, generation, or discharge attributable to an individual unit of development calculated in accordance with generally accepted engineering or planning standards for a particular category of capital improvements or facility expansions. Service units for water and wastewater impact fees are expressed in Living Unit Equivalents (LUE's). Service units for roadway impact fees are expressed in vehicle miles. 7A-13 02/11/00-1:33 PM (28) Site-related Facility-Improvement or facility which is for the primary use or benefit of a new development and/or which is for the primary purpose of safe and adequate provision of water or wastewater facilities to serve the new development, and which is not included in the capital improvements plan, and for which the developer or property owner is solely responsible under subdivision and other applicable regulations. (29) System-related Facility- A capital improvement or facility expansion which is designated in the Capital Improvement Plan and which is not a site-related facility. A system-related facility may include a capital improvement which is located offsite, within or on the perimeter of the development site. (30) Tap Purchase - The filing with the City of a written application for a water or wastewater tap and the acceptance of applicable fees by the City. The term "tap purchase" shall not be applicable to a meter purchased for and exclusively dedicated to fire protection. (31) Wastewater Facility-Improvement for providing wastewater service, including, but not limited to,treatment facilities, lift stations, or interceptor mains and necessary land or easements therefor. Wastewater facility excludes wastewater collection lines dr mains which are constructed by developers, the costs of which are reimbursed from charges paid by subsequent users of the facilities and which are maintained in dedicated trusts. Wastewater facilities also exclude dedication of rights-of-way or easements or construction or dedication of on-site wastewater collection facilities required by valid ordinances of the City and necessitated by and attributable to the new development. (32) Wastewater Facility Expansion- Expansion of the capacity of any existing wastewater facility for the purpose of serving new development, not including the repair, maintenance, modernization or expansion of an existing wastewater facility to serve existing development. (33) Wastewater Improvement Plan-Portion of the Capital Improvement Plan, as may be amended from time to time, which identifies the wastewater facilities or wastewater expansions and their associated costs which are necessitated by and which are attributable to new development, and for a period not to exceed ten(10) years, and which are to be financed in whole or in part through the imposition of wastewater impact fees pursuant to this Ordinance. • 7A-14 02/11/00-1:33 PM (3.4) Water Facility- Improvement for providing water service, including, but not limited to,water supply facilities, treatment facilities,pumping facilities, storage facilities, or transmission,mains and necessary land or easements therefor. Water facility excludes water lines or mains which are constructed by developers,the costs of which are reimbursed from charges paid by subsequent users of the facilities and which are maintained in dedicated trusts. Water facilities also exclude dedication of rights-of-way or easements or construction or dedication of on-site water distribution facilities required by valid ordinances of the City and necessitated by and attributable to the new development. (35) Water Facility Expansion- Expansion of the capacity of any existing water facility for the purpose of serving new development, not including the repair, maintenance, modernization or expansion of an existing water facility to serve existing development. (3,,6) Water Improvement Plan- Portion of the Capital Improvement Plan, as may be amended from time to time, which identifies the water facilities or water expansions and their associated costs which are necessitated by and which are attributable to new development, and for a period not to exceed ten(10)years, and which are to be financed in whole or in part through the imposition of water impact fees pursuant to this Ordinance. (37) Vehicle Mile-A unit used to express both supply and demand provided by, and placed on,the roadway system. A combination of a number of vehicles travelling during a given time period and the distance in which these vehicles travel in miles. SECTION 5 APPLICABILITY OF IMPACT FEES A This Ordinance shall be uniformly applicable to new development which occurs within the corporate limits of the city and its extraterritorial jurisdiction, and other areas served by the City's water and wastewater facilities. B. No new development shall be exempt from the assessment of impact fees as defined in this Ordinance. 7A-15 02/11/00-1:33 PM • rL ii ii SECTION 6 IMPACT FEES AS CONDITIONS OF DEVELOPMENT APPROVAL No application for new development shall be approved within the City without assessment of impact fees pursuant to this Ordinance, and no water and wastewater tap shall be issued and no building permit shall be issued unless the applicant has paid the applicable impact fees imposed by and calculated hereunder. SECTION 7 ESTABLISHMENT OF WATER AND WASTEWATER SERVICE:AREA AND ROADWAY SERVICE AREAS A', There is hereby established a Water and Wastewater Service Area as depicted on Exhibit A-1 attached to this Ordinance: B: There is hereby established a Roadway Service Area as depicted on Exhibit A-2 attached to this Ordinance. C. The service areas shall be established consistent with any facility service area defined in the CIP for each utility or facility. Additions or revisions to the service areas may be approved by the City Council consistent with the procedure set forth in Chapter 395. SECTION 8 LAND USE ASSUMPTIONS The Land Use Assumptions used in the development of the impact fees, attached as Exhibit B to this Ordinance, are hereby;adopted. These assumptions may be revised by the City Council according to the procedure set forth in Chapter 395. SECTION 9 WATERA ND W A STT.W A TER CAPITAL IMPROVEMENT PLAN 7A-16 02/11/00-1:33 PM h fl Ai The Water and Wastewater Capital Improvement Plan attached as Exhibit C-1 to this Ordinance is hereby adopted :.Y �.1?e . . Zmpr9,�em rit Paan a h Exh �C; toT;tlis, „ O rdinanc0,th hereby:adopted 77 C B: The Water and Wastewater Capital Improvement Plan and:=Roadway._Capitai TlprOveents plaid;may be amended by the City Council from time to time, pursuant to the procedures set forth in Chapter 395. A. The Roadway Capital Improvement Plan attached as Exhibit C 2 to this Ordinance is hereby adopted. B. The Roadway Capital Ii ement Plan may be amended by the City Council from time to time pursuant to the procedures set forth in Chapter 395. SECTION!i0, 4 SERVICE UNITS A. Service units are established in accordance with generally accepted engineering and planning standards. Service Units for water and wastewater impact fees are expressed in Living Unit Equivalents (LUE's). Service Units for roadway impact fees are expressed in vehicle miles. B. The City Council may revise the service units designation according to the procedures set forth in Chapter 395:; • 7A-17 02/11/00-1:33 PM • I 11 y } II f• SECTION 42 G "Water'annd Wastewater Se c .ts Service units for water and wastewater __...- ,�_w.�.��.��,_.�...._x�`�:.rvlt e;ilTnx..s wa r fees shalLbe calculated based on Living;Unit Equivalents as determined by the size of the water meter(s) for the development or alternatively, as approved by the City Council based on the qualifiedprofessional engineer licensed';to perform such professional engineering services in the will be different than those * e indicated b the size of the water meter. The-tlieter types y isecl.td calculate the number o ff UE s shall be' itherwsxrnplc;.co1mpound 1*;ttixi bxrie meters Qu: The Living Unit Equivalents used for the calculation of water and wastewater impact fees are set forth in the Table of Equivalencies - Water and Wastewater attached as Exhibit D-.1 to this Ordinance. 111 If the Public Works Director determines that the water pressure in the City's transmission main is significantly higher or lower than standard pressure such that the size of the water meter is not indicative of actual service demand, the Public Works Director may adjust the number of LUE's based on a smaller or larger sized meter which more accurately reflects the flow rate;iand the system pressure conditions. it If a fire demand meter(tap) is purchased for a property,the meter size utilized to calculate the number of LUE's shall be the dimension of_the portion of the fire demand meter which reflects the meter size which would �irs'v'cl'e�' esx� e�t � p,.ti,�.'.. z;,�S; .,, �: ec�iiaireto�pp, �>....,r.�, ..!� z� ai�. r__us� . ,�provide only domestic service to the property. This reduced meter size shall then be utilized to calculate the number of LUE's. 1. The meter types used te-ealculatc the number of LUE's shall be either 7A-18 02/11/00--1:33 PM simPle5-OmPeund-er-4ufbine-meters., 2. To avoid the use of fire flow volumes for domestic usage,the owner of any property for which a fire demand meter is purchased shall be required to execute a restrictive covenant on a form approved by the City Atterney, which shall acknowledge the right of the City to the purchase of the fire demand meter and shall be filed in the deed records of the County. 'r'£i Upon wastewater tap purchase for lots for which no water meter has been purchased, service units shall be calculated based on a 1" water meter unless other data is submitted by a professional engineer licensed in the State of Texas, which is reviewed and approvedby the Public Works Director:; SECTION 13 T3N_ ; Roadway�:evxce=Units Service units fob roadway impact fees will be established based upon estimated vehicle miles of demand generated by the development. As calculated in this Ordinance, a single f `amily residential household will generate 3.03 vehicle miles of demand. Other developments will generate demand based upon size and type of develo ent an rn dthe>sery ce. e:4:Ak e= development is'locatei`. The vehicle mile demand factors used for the calculation of roadway impact fees are set forth in the Lttd'Usel\?elicle'= Mile Etc uivaleney Table.Table of Equivalencies Roadway Vehicle Miles (V M) attached as Exhibit D-2 to this Ordinance.b c` v rl�s�Dir ctor"�r tlie`Ci- �Ca:in �l��m a, ro e-ari alternative c do Zt cad ula n of Livia =U pit-`E� u alerits ar�ve�cle mz'less;of demancl'fQf* ` r-tzcul0':develo":merit :q>? based u on an e inee in =report` ;re ar`ed--b� 44al ed'rofessio�al'.engineer`licensed.to ._,....�s. _.�,.�.a,u.......wpg�_...�"�_,�:_..:�"s�n..p �P ,..-:�...,:_.Y � fii p zl g.�.,.,..._..,.....,.. ,..�..,.a._�. 7A-19 02/11/00-1:33 PM ii ' li perform such°.;engineering,:services,in,:tl a State2.o'f•Texas=which demonstrates.that'the`number-,of LUE's or;vehicl_e"-ir iles of demand feral e.development=w ll5Ybe=different than shown ni-Exhibits D=,l SECTION 1H4-1-4 IMPACT FEES PER SERVICE UNIT A+' The maximum impact fee per service unit for each service area shall be computed by dividing the growth-related capital construction cost of service in the service area identified in the Capital Improvement Plan for that category of capital improvement, by the total number of projected`!service units anticipated within the service area which are necessitated by and attributable to new development, based on the Land Use Assumptions for that service area. Maximum assessable impact fees per service unit for each service area shall be established by category of capital improvements and shall be set forth in the Maximum Impact Fee Schedule -" �:�r is , attached as Exhibit E-1 to this Ordinance. ['lie naxirriu n roadway.impactfee which,-*111 be: assessed"jfor'di€ferent-uses: as been calculatedfor each service:area as shown:.in the: azid Use%Veliic1e.M le Equivalency Table With ggichp m,Assessed Roadway Fee which is;aftacl e o'tlus�Ordmat ce as,Exh bit rt 2 The total impact fee assessed per service unit shall be a combination of the water, wastewater and roadway impact fees. • B. Maximum assessable impact fees in Exhibits E-1 ati E,'2 may be amended by the City Council according to the procedures set forth in Chapter 395. kt-: The amount of impact fees to be collected shall be based upon the Impact Fee Collection Schedule attached as Exhibit . E 2 to this Ordinance, and shall not exceed__the maximum fees set forth in Exhibit E-1. he roadway''impact fee whirl wiill"be collected foal 00e nt an uses-has.ab,"een°caleulated.for.:each,'aei:`Vice:area;as'-' howriiir-the'f:aii` ;IJs %Veliido=E 7A-20 02/11/00—1:33 PM !, it Mile Equivalency Table.Wittk0Oad,W4 Fee ColleCtion Schedule which is attached to tins t, Ordinance:a:§tiiiiiiit,P* Current colleted impact fees in'Octii.hifk-p4 apify.: :may be amended by ordinance adopted by the City Council from time to time,provided they do not exceed the maximum assessable impact fees. The total impact fee collected per service unit shall be a combination of the water, wastewater and roadway impact fees. SECTION 45 ASSESSMENT OF IMPACT FEES A., The approval of any subdivision of land or of any new development shall include as a condition the assessment of the impact fees applicable to such development. B Assessment of impact fees for any new development shall be made as follows: 1. For a development which is final platted pursuant to the City's subdivision regulations following the effective date of this Ordinance, assessment shall be at the time of final plat apprOval, and shall be the value of the impact fee per service unit then in effect, as set forth in Exhibit E-1. The City may provide the subdivider with a copy of Exhibit E 1 prior to fmal plat approval, but such shall not constitnte assessment within the mcianing of this Ordinance. 2. For a development which has received final plat approval prior to the effective date of this Ordinance and for which no replatting is necessary prior to water or wastewater tap purchase,the assessed impact fees shall be the value of the water and wastewater or roadwOy impact fees per service unit in effect at the time the property was final platted. For a development which received final plat approval prior to adoption of impact fees by the City, assessment of impact fees shall occur at the time of water or wastewater tap purchase in the amount set forth in Exhibit E-1. 3. Because fire protection is-ef critical concern to the community as a whole, water demand related solely to fire protection is not subject to assessment of an impact fee. 7A-21 02/11/00--1:33 PM ti is � I It residential or business purposes as evidenced by the consumption recordeden the City's meter use . C Following assessment of the impact fee pursuant to this Section, no additional • impact fees or increases thereof shall be!assessed against that development unless: 1. the number of service units increases, as set forth in Section Fl Q 12 and 13; or 2. the final plat lapses or expires or a,new plat or replat is submitted for development, in which case a new assessment must be performed at the time a new final plat or replat for„such development is approved. ;SECTION 346 CALCULATION OF IMPACT FEES A;. Following a request for new development,the City shall compute impact fees due for the new development in the following manner: 1. Water and Wastewater Fees a. The number of LUE's shall be determined by the size of the water meter(s) or as otherwise determined by the City Council or Public Works Director as provided in Section 042 of this Ordinance. b. LUE's shall be summed for all meters purchased for the development. c. The total:number of LUE's shall be multiplied by the appropriate per-unit fee value set forth in Exhibit ',4 E 2; and 7A-22 02/11/00-1:33 PM • • • d. Fee credits and offsets shall be subtracted as determined by the process set forth in Section 18 of this Ordinance. 2. Roadway Fees a. The City has been divided into light.Ioadways a series of service areas and:",for each service area a specific maximum roadway fee has been calculated. The service unit measure is stated in vehiclemiles. Each service area has a different maximum road**;impact fee per vehicle mile. The"raXimuin:assessed.roadwa , impactf fee`•"'erservice area_has'been calculated,for different land`use sate oriel:i'ri Exhibit E-2'attached;to t1 is b. To calculate the roadway impact fee tommbe;`col'Tected4 it is first necessary to identify the service area in which the new development is located. The fee per vehicle mile is then determined from the table attached as Exhibit F=.1 E 2 to this Ordinance. c. Nextthe numbe member-of vehicle miles of demand for the new development is determined from the table attached as Exhibit D-2 to this Ordinance. d. The final determination of the impact fee to be charged each new e_y development is calculated py multiplying the number of vehicle miles times the impact fee per veh icle mile. iIhiscalculetoriY :set.s fortlJOlie-table`attachecl`as ExhliifF=2:to this{jrdinarice: e. Fee credits and offsets shall be subtracted as determined by the process set forth in Section 18 of this ordinance. $, :t B,3, The value of each impact fee due for a new development shall not exceed a value computed by multiplying the fee assessed per service unit pursuant to Section[1244 by the number Of service units generated by the development. SECTION 047 COLLECTION OF IMPACT FEES 7A-23 02/11/00-1:33 PM I ' 6 N No water or wastewater tap shall be issued until all impact fees, including roadway impact fees, have been paid to,the City except as provided otherwise by contract. B. Except as provided below, Within one (1)year of the effective date of this Ordinance, impact fees shall be collected at the time of the issuance of the building permit for new development, or if no building permit is required, at the time of tap purchase. C:: Subsequent to that one y ar period, impact fees shall be collected as follows: 1. For a development which:is submitted for approval pursuant to the City's collected at the time of building permit.: 2. For a development which has received final plat approval prior to the C. ec rotectonis.o��zrticalYconcern�roµthe:commurii�v;pasa,viwhoie water demand related'solel .-"to:,,"fire:-rotecti n�i-"` coll ection':ofari impact-fee::Havevar', the fze` rotection ca "vaci i£tl e -ire-demand�meter is rou ine :�utilizec : e. l s" ��,. #'airzr ,gu �r.rescleatalor .. business s u: o es°as evidenced`b: , - _ p,rp,. _ .,the`ccinsnm'!Lion°�arecorcled'-oritlieCi�-- ',srrieter=:rendiri'��and', . billin s stems :'the,current:owner oftne_ ro'e, .`shall: i:e`assesse'd the`"current`im av°ct fees.f fire>.pjrotectio +capacity which has been converted to residential or business use y CF F `i"d�tle;ise'o`ff r�-fovv:vaiumes':for-dori�estic�usa` e'tie=owner Or;444 a• property,for:wl ich a:fire d8z ';mete is:;puarchased`shall°'l e;re`uii ed;to e ec ite',a°restrictive s s K � e venan,on orµ-_ap.rc�ve;El b ;;.the.0 : -.A orrie' which sl ail"acknowledge lit',r': hfdf th'eC r -, : '` o:as es su kt ees tv sins° ueir�t;owners= fthitir .:.,, o e - This v an sh li=.be:executed°" rio t the'-urcl '` ase a tie %read`c` >and=` t`-�_.f >� m�e e ancisliall`��e'fi1e��ir'the deed�`record:s"'off=die"Co`�iz 7A-24 02/11/00—1:33 PM • it I , '•S `,a Ems: Tine C% �ma ovde>'fora: ee'`co� ectlo�r`. ti�e . „_..._- .different:cl'at r:any<'of the eoff 11 n d following;circumstances X;s �:rra' '�;collect�im"�-act;fees=atthe'tiiie,of"�iattin'�for.an." tip` i n.-'4v h rl1°uti ;eiitalriria rtverneits-*liel *`,siijbjecttlto- ro�iata reimbursement. i,4 defercoll'ection of m act:.fees"toy a•'laterf°date-where service for which'the.fee is'assessed lino be ava labie:within a e'f onat le eriod of`t ie# 3' The City may, at its sole discretion, enter into contracts to establish a different date of fee collection than those provided in this Section. SECTION 51E OFFSETS AND CREDITS AGAINST IMPACT FEES A. The City may offset the present value of any system-related facilities,pursuant to rules established in this section,which have been dedicated to and have been received by the City, including the value of capital improvements constructed pursuant to an agreement with the City, against the value of the impact fee"due for that category of capital improvement. B: The City may credit impact,perimeter roadway, pro rata, acreage or lot fees which have been paid pursuant to Ordinance Nos. 330, 493, 494, 510, 657, or other City ordinances prior to the effective date of this Ordinance against the value of impact fees due for that category of capital improvement, subject to guidelines established by the City. G. All offsets and credits against impact fees shall be subjectto he f l owing limitations and shall be granted based on this Ordinance and any additional standards that may be promulgated by the City, which may be adopted as administrative guidelines. • 1. No offset or credit shall be given for the dedication or construction of site 7A-25 02/11/00--.1:33 PM ii it ii related facilities. for the capital improvements included in the Capital Improvement Plan for the category of f < i fih a ,aci it___-�'�uithin th�_r+rvi�t��ra�fry .. � .. � _ .� .. ,,,,... 3. If an offset or credit applicable to a plat has not been exhausted within ten (10)years from the date of plat filing or within such period as may be otherwise designated by contract, such offset or credit shall expire. .t Tha t' ,•tt t' b th rt. t ff t �. c rzzrirorrvxmvur.��rrla. �lzcl�rccc�clvperzvr-mzvrrr� Ordinan4e f r ,alue ceedi� t e total impact fees due for the development for that a.u.� wvvulll c to.ory of,.ap tat „t , „tons„tl.,�,..,ise ., ed to by the C ty VUI.V f',Vl,' Vl V(.11,J1{.Kl 1111fJY� o , D. An applicant for new development must apply for an offset or credit against impact fees due for the development either at or before the time of fee payment, unless the City agrees to;a different time. The applicant shall file a petition for offsets or credits with the City on a form provided for such purpose. The contents of the petition shall be established by administrative guidelines. The City must provide the applicant, in writing, with a decision on the offset or credit request, including the reasons for the decision. The decision shall specify the maximum value of the offset or credit which may be applied against an impact fee, which value and the date of the determination shall be associated with the plat for the new development. E. The available offset or credit associated with the plat shall be applied against an impact fee in the following manner: 1. Such offset or credit shall be prorated equally among all service units, as calculated in Sections;l0 12 and 13, and remain applicable to such service units,to be applied at 7A-26 02/11/00--t:33 PM I � time of filing and acceptance of an application for a building permit or tap purchase, as appropriate, against impact fees due. 2. If the total number of service units used by the City in the original offset or credit calculation described in(1) is eventually exceeded by the number of total service units realized by the actual development,the City may, at its sole discretion, collect the full impact fee exclusive!'of any associated offset or credits for the excess service units. F 3. At its sole discretion,the City may authorize alternative credits;or offsets agreements upon petition by the owner in accordance with guidelines promulgated by the City. SECTION 64 ESTABLISHMENT OF ACCOUNTS AND RECORDS A The City shall establish separate interest-bearing accounts, in a bank authorized to receive deposits of City funds, for each major category of capital facility for which an impact fee is imposed pursuant to this Ordinance. B!i Interest earned by each account shall be credited to that account and shall be used solely forthe purposes specified for funds authorized in Section 11:7,20. C' The City shall establish adequate financial and accounting controls to ensure that impact fees disbursed from the account are utilized solely for the purposes authorized in Section 17:20 . Disbursement of funds shall be:authorized by the City at such times as are reasonably- necessary;to carry out the purposes and intent of this Ordinance; provided, however,that any fee paid shall be expended within a reasonable period of time, but not to exceed ten(10)years from the date the fee is deposited into the account. D. The City shall maintain and keep adequate financial records for each such account, which shall show the source and disbursement of all revenues, which shall account for 7A-27 02/11/00--1:33 PM all monies received, and which shall ensure that the disbursement of funds from each account shall be used solely and exclusively for the provision of uses specified in the Capital Improvement Plan as system-related capital projects. The City Finance Department shall also maintain Such records as are necessary to ensure that refunds are appropriately made under the provision;in Section 119;of this Ordinance, and such other information as may be necessary for the proper implementation of this Ordinance. SECTION -20 USE OF PROCEEDS OF IMPACT FEE ACCOUNTS A The impact fees collected pursuant to this Ordinance may be used to ti finance or to recoup capital construction costs of service. Impact fees may also be used to pay the principal sum and interest and other finance costs on bonds, notes or other obligations issued by or on behalf of the City to finance such capital improvements or facilities expansions. B; Impact fees collected pursuant to this Ordinance shall not be used to pay for any of the following expenses: 1. Construction, acquisition or expansion of capital improvements or assets other than those identified for the appropriate facility in the capital improvements plan; 2. Repair, operation, or maintenance of existing or new capital improvements or facilities expansions; 3. Upgrading, expanding or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory is standards; 4. Upgrading, expanding or replacing existing capital improvements to provide better service to existing development; provided however,that impact fees may be used 7A-28 02/11/00-1:33 PM ij • to pay the costs of upgrading, expanding or replacing existing capital improvements in order to meet the need for new capital improvements generated by new development; or 5. Administrative and operating costs of the City. SECTION 1.01,21 APPEALS The.property owner or applicantfornew4eyelopment may appeal the following decisions!Of te-the Public Works Director'to- th9:` City, 1. The applicability of an impact fee to the akutatiiSitotijiitic4ble§ i*ic'euni0:-.attriblitalaletqlhe.develop:pen:6 312, The value of the impact fee due; 43, The availability or the value of an offset or credit; rt,1 '5';4. The application of an offset or credit against an impact fee due; Kvi t& The amount of the refund due under Section LI-22, if any. receivedAll appeals must be . writing within thirty notice action the appeal is requested. B. An appeal to the Council must be filed by the applicant with.t e:City Secretary 7 • -J2 - - (3-0)14S:f46116*ingtheiPublie decision.Works-Direetbrs, The CityCouncil shall hear the appeal within 30 days of „ receipt by 146 cifsts06,04*:,..Not199Pf the - hearing shall he mailed to the applicant at least seven (-7)days prtor:td.fthq:haringL___._, C. At the hearing,, the 'qty.::Counoys a considerall relevant evidence and shall allow testimony from the applicant, city personnel and other interested persons relevant to the appeal. Theh6atitlg-toaybi:Ontiiin6d.fromlune to time. 1:4 - 1)1:137 The burden of proof shall be on the appellant to demonstrate that the fee is not 7A-29 02/11/00--1:33 PM t' • • applicable or that the aetetiiiiiiatibitsd*etviee4initsi'lit:Ati:e value of the fee or the value of the offset or credit was not calculated according to the applicable impact fee schedule or the guidelineS established in this for determiningoffset!p?.4geo .7,:,! submit an engineering report prepared by a qualified professional engineer licensed to perform `sb.64:erigih6qiiig services in State of Texas. which demcAstrateLthat the applicant's has been C The appellant may appeal the decisien ef the Public Works Director to the City C-euneilA-netiee-ef-appeal-te4he-Git —euncil must be filed by the applicant with the City 11 Secretary;within thirty(30) days following the Public Works Director's decision. If the notice of appeal-4s4Ueeefepanie4-by-a-bend-er-ether sufficient surety satisfactory to the City Attorney in an • am6unt-e:qual-4°4he".eriginal-Eleten,inagen-€44he4Mpaet-fee-thie74he-ElevelePment-aPPlieat/en-er tap-purchase or building permit issuance may he-preeesseEl-while the appeal is pending --'•72-77:77:77'17.7,7777- ' Following the hearing, the City Council W411' 0..$10.0.r.:41.11v'tldence,Aitcle„prmine whether the appeal should be granted (in whole or in part) or denied. F. flf:tiii:Appdaii:6,06.01Vganiod'-by a bond or other acp:Ny to the City Attorney in an amount't-44:61:tOtthofotigijkiak:d000440.9Apf;t4e,4N:?,4fpF,:# 11111,!„, 1evelaijiiiotit*Oiatik*O:t4pfiolfasdr titilditig1)0maissupyloimt!)q'j*taccsspd,while the appLeafijg;.'beicitrigi SECTION 1 ;-22 REFUNDS 11 A. Any impact fee or portion thereof collected pursuant to this Ordinance which has not been expended within ten(10)years from the date of payment, shall be refunded,upon applicatiOn,to the record owner of the property at the time the refund is paid, or, if the impact fee 7A-30 02/11/00-11:33 PM • 1: was paid by another governmental entity,to such governmental entity, together with interest calculated from the date of collection to:the date of refund at the statutory rate as set forth in - ; :Section;302.002 TexaS Fuiar ce'Code Article 1.03, Title 79, Revised Statutes (Article 5069 1.03, Vernon's Texas Civil Statutes), or any successor statute. B` If a refund is due pursuant to subsection(A), the City shall pro-rate the same by dividing the difference between the amount of expenditures and the amount of the fees collected by the total number of service units assumed within the service area for the period to determine the refund due per service unit. The refund to the record owner or governmental entity shall be calculated by multiplying the refund due per service unit by the number of service units for the development for which the fee was paid, and interest due shall be calculated upon that amount. C; Upon completion of all the capital improvements or facilities expansions identified in the capital improvements plan upon which the fee was based, the City shall recalculate the maximum impact fee per service unit using the actual costs for the improvements or expansions. If the maximum impact Tee per service unit based on actual cost is less than the impact fee per service unit paid, the City shall refund the difference, if such difference exceeds the impact fee paid by more than ten percent (10%). The refund to the record owner or governmental entity shall be calculated by multiplying such difference by the number of service units for the development for,which thefee was paid, and interest due shall be calculated upon that amount. D:. Upon the request of an owner of the property on which awaterAor=wasteisater-an impact fee has been paid, the City shall refund such fees if: 1. 1. Existing service is available and service is denied; or 2. • Service was not available when the fee was collected and the City has 7A-31 02/11/00--1:33 PM 1. failed to commence construction of facilities to provide service within two years of fee payment; or 1: 3. Service was not available when the fee was collected and has not subsequently been made available within a reasonable period of time considering the type of capital improvement or facility expansion to be constructed, but in no event later than five years . from the date of fee payment. Ell The City shall refund an appropriate proportion of water impact fee payments in the eventthat a previously purchased water meter is replaced with a smaller meter, based on the LUE differential of the two meter sizes and the per-LUE fee at the time of the original fee payment,;less an administrative charge set forth in City guidelines. F.: Petition for refunds shall-:be submitted to the Public Works Director on a form provided.by the City for such purpose. Within one month of the date of receipt of a petition for refund,the Public Works Director must provide the petitioner, in writing,with a decision on the refund request, including the reasons for the decision. If a refund is due to the petitioner, the Public Works Director shall notify the Finance Director and request that a refund payment be made to the petitioner. The petitioner may appeal the determination to the Council, as set forth in Section 1 -. lSECTION 0-23 UPDATES TO PLAN AND REVISION OF FEES 1 The City shall review the Land Use Assumptions and Capital Improvement Plan for water, wastewater and roadway facilities at least every three years,the first three year period to . commence from the date of adoption of the Capital Improvement Plan referenced herein. The City Council shall accordingly then make a determination of whether changes to the Land Use 7A-32 02/11/00-1:33 PM I! it !1 Assumptions , Capital Improvement Plan or impact fees are needed and shall, in accordance with the procedures set forth in Chapter 395, either update the fees or make a determination that no update is necessary. ' SECTION 21-24 FUNCTIONS OF ADVISORY COMMITTEE • •A: The functions of the Advisory Committee are those set forth in Chapter 395 and shall include the following: 1. Advise and assist!the City in adopting Land Use Assumptions; 2. Review the Capital Improvement Plan regarding water, wastewater, and roadway capital improvements and file written comments thereon; 3. Monitor and evaluate implementation of the Capital Improvement Plan ; 4. Advise the City of the need to update or revise the Land Use Assumption , Capital Improvement Plan and impact fees; and • 5. File a semiannual report evaluating the progress of the City in achieving the Capital Improvement Plan and identifying any problems in implementing the plan or administering the impact fees. • B The City shall make available to the Advisory Committee any professional reports prepared in the development or implementation of the Capital Improvement Plan. C°. The City Council may adopt procedural rules for the committee to follow in carrying out it duties. 'SECTION(2-2 AGREEMENT FOR CAPITAL IMPROVEMENTS The City Council may authorize;the owner of a new development to construct or finance 7A-33 02/11/00--'1:33 PM II some of the public improvements identified in the Capital Improvement Plan. In the case of such approval,'the property owner must enter;:into an agreement with the City prior to collection of impact fees. The agreement shall be on,a form approved by the City, and shall establish the estimated cost of the improvements,the'schedule for initiation and completion of the improvements, a requirement that the improvements shall be_completed to City standards, and any other:terms and conditions the City:deems necessary. The Public Works Director shall review the improvement plan, verify costs and time schedules, determine if the improvements are contained in the CIP, and determine the,method and timing of reimbursing the owner for construction costs from impact fee or other revenues. ;SECTION 23-26 USE OF OTHER FINANCING MECHANISMS A: The City may finance water, wastewater, and roadway capital improvements or facilities'expansions designated in the Capital Improvement Plan through the issuance of bonds, through the formation of public improvement districts or other assessment districts, or through any other;authorized mechanism, in such manner and subject to such limitations as may be provided by law, in addition to the use of impact fees. B Except as herein otherwise provided, the assessment and collection of an impact fee shall be additional and supplemental to, and not in substitution of, any other tax, fee, charge or assessment which is lawfully imposed on and due against the property. SECTION 21 27 IMPACT FEES AS ADDITIONAL AND SUPPLEMENTAL REGULATION A. Impact fees established by this Ordinance are additional and supplemental to, and • not in substitution of, any other requirements imposed by the City on the development of land or 7A-34 02/11/00-1:33 PM the issuance of building permits or the sale of water or wastewater taps or the issuance of certificates of occupancy. Such fees areintended to be consistent with and to further the policies of City's Comprehensive Plan, Capital Improvement Plan, zoning ordinance, subdivision regulations and other City policies, ordinances and resolutions by which the City seeks to ensure the provision of adequate public facilities in conjunction with the development of land. B This Ordinance shall not'affect, in any manner,the permissible use of property, density of development, design, and improvement standards and requirements, or any other aspect of the development of land or provision of public improvements subject to the zoning and subdivision regulations or other regulations of the City, which shall be operative and remain in full force!,and effect without limitation with respect to all such development. SECTIONS;28 RELIEF PROCEDURES Any person who has paid an impact fee or an owner of land upon which an impact fee has been paid may petition the City Council to determine whether any duty required by this Ordinance has not been performed within the time so prescribed. The petition shall be in writing and shall'state the nature of the unperformed duty and request that the act be performed within sixty(60)'days of the request. If the City Council determines that the duty is required pursuant to the ordinance and is late in being performed, it shall cause the duty to commence within sixty (60) days of the date of the request and to continue until completion. B: The City Council may grant a variance or waiver from any requirement of this fi ordinance, upon written request by a developer or owner of property subject to the ordinance, following a public hearing, upon finding that a strict application of such requirement would, when regarded as a whole,result in confiscation of the property. I, it 7A-35 02/11/00--1:33 PM • SECTION CUMULATIVE CLAUSE • 1.1 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. 330, 493, 494, 510 and 657 are specifically saved from repeal and shall remain d effect to the extent they provide for the l argmg changing of a fee not • replaced by this Ordinance or other duly adopted ordinances of the City. SECTION 27-30 SEVERABILITY CLAUSE • ii 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,E,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 I I 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. "SECTIONS .PUBLICATION The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten(10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of 7A-36 02/11/00-41:33 PM I• 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 29-32 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 ,2000. MAYOR ATTEST: CITY SECRETARY 7A-37 II 02/11/00--1:33 PM li I 1` PASSED AND APPROVED ON SECOND READING ON THIS DAY OF ,2000. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: • City Attorney IC i; '1 • 7A-38 02/11/00-1:33 PM II II it i; it i ow- NA 4111*. iiib.t Alia a� t.�\ •-•:,..- - .e.-- a. * i) ice , j to — '- � S y 1�' r t�l�►v`�, r . � Y' • ,ts ,r r . .„01 ,ear t '; • \ i• "N\ •,.. •s....•I I se7.. 0*A_.4.....0 .,. 1. ..ram `040e. .: -- , :� �'' _ • .i -.� a -'' ,,"""+t.• '! v ' ,...o.r.....:r......ow 1... _:‘,..‘ , ...........,--............. ,.........,, . ,...........................;:::: 1 1001- • • s�.+0•\ ".,•I}'' —'/ , y .' � '`y W.111 , • �, .fir/" ✓� ....1.110... SW" ^-fir--� / - -.'"' - .- - -- • ‘ _-- y , �•r-� .\ 1� Ate •• 1 '4h ; err \ 't�. "•x.: --••--1. ,�„9 r„ \ i S yii i VII, -. \ .. -, -,q--- -.....,,,,r,..„.. -.,!,,, -0E-dii. . J o ... •.ter= `\\.. * . ', � _ .,,_ire eleS f\G ioropsilieli:.k. pis•V‘, 0°Q1 elcA4° • Se R Xbl�it A,•2 - Tekor.•-• E - o� . Orr( C) ,,,,S-. ....- ,� SO �- •-� • ge. NV /) f \; / . ::gym ,,, �\V• ,� - e ,. . .' ''', : ,•\\\k 11105t,jetyla, .40 .-'• o_ra '\ iniah..- • e 1 4 ri ,;► • .......„:„..., , ,, ,..„. . ,,,,,,,,..„...,,,.... .„. , ... .„..............,:....r. . . . ., ,,, ,• . ..„,,....„, /ram - J� ~••W" , f T - -- , ur 1 0. r. t-•- ,-. '. aY ��+'�r" ...� t _ - 54. wr----_---- i. v -.::- ....„-- _,.....„, -4 .,:4---,,,,,-- faii ......--.....-::-.. . , -,-,. .,, J..-. 1r.4-- • :`�SI ✓ i,, '',i A y +-%.,•+ii! =k! -ram +� �t , 0y �_ of feeS • VvP‘‘ ( \1\fe NCI: • f Og g° . R�� A�'�' • vIGE City of Southlake Impact Fee Ordinance Land Use Assumptions Exhibit B The Land Use Assumptions are found in a separate report N City of Southlake Impact Fee Ordinance Capital Improvements Plans Exhibit C The Capital Improvements Plans are found in two separate reports: Exhibit C-1 Water & Wastewater Capital Improvements Plan prepared w by Eddie Cheatham, P.E. and Lewis F. McLain, Jr.., Fiscal Planning Consultant. Exhibit C-2 Roadway Capital Improvements Plan prepared by Kimley-Horn & Associates City of Southlake Impact Fee Ordinance . Tables of Equivalencies - Water & Wastewater Exhibit D-1 Meter Size Type LUEs* 5/8" Simple 0.4 * LUE is a living unit equivalent 3/4" Simple 0.6 or a standard 1" meter for a 1" Simple 1.0 single-family residential unit. 1-1/2" Simple 2.0 2" Simple 3.2 2" Compound 3.2 2" Turbine 4.0 ....3 3" Compound 6.4 77 3" Turbine 9.6 , 4" Compound - 10.0 4" Turbine 16.8 6" Compound 20.0 6" Turbine 36.8 8" Compound 32.0 8" Turbine 64.0 10" Compound 46.0 10" Turbine 100.0 12" Turbine 132.0 Exhibit D-2: Land Use/Vehicle-Mile Equivalency Table TOTAL(1999)SERVICE UNITS(VEH-MI I DEV.UNIT) LAND USE CATEGORY DEVELOPMENT TRIP S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. UNIT RATE 1 2 3 4 5 6 7 8 PORT AND TERMINAL Truck Terminal Acre 6.55 19.65 11.49 6.56 11.49 11.49 19.65 19.65 19.65 INDUSTRIAL General Light Industrial 1,000 SF GFA 0.98 2.94 1.72 0.98 1.72 1.72 2.94 2.94 2.94 General Heavy Industrial/Manufacturing 1,000 SF GFA 0.68 2.04 1.19 0.68 1.19 1.19 2.04 2.04 _ 2.04 Industrial Park 1,000 SF GFA 0.92 2.76 1.61 0.92 1.61 1.61 2.76 2.76 2.76 _ Warehousing 1,000 SF GFA 0.61 1.83 1.16 0.66 1.16 1.16 1.83 1.83 1.83 Mini-Warehouse 1,000 SF GFA 0.29 0.87 0.55 0.31 0.55 0.55 0.87 0.87 0.87 RESIDENTIAL Single-Family Detached Housing Dwelling Unit 1.01 3.03 3.03 3.03 3.03 3.03 3.03 3.03 3.03 Apartment/Multi-family Dwelling Unit 0.67 2.01 2.01 2.01 2.01 2.01 2.01 2.01 2.01 Mobile Home Park Dwelling Unit 0.58 1.74 1.74 1.74 .1.74 1.74 1.74 1.74 1.74 Retirement Community Dwelling Unit 0.34 1.02 1.02 1.02 1.02 1.02 1,02 1.02 1.02 LODGING Hotel Room 0.61 1.83 0.69 0.39 0.69 0.69 1.77 1.47 1.47 Other Lodging Facilities Room 0.47 1.41 0.53 0.30 0.53 0.53 1.36 1.13 1.13 RECREATIONAL Arena Acre 33.33 99.99 37.50 21.43 37.50 37.50 96.44 80.37 80.37_ Driving Range Tee 1.25 3.75 1.41 0.80 1.41 1.41 3.62 3.01 3.01 Golf Course Acre 0.39 1.17 0.44 0.25 0.44 0.44 1.13 0.94 0.94 Health/Recreational Clubs end Facilities 1,000 SF GFA 1.75 5.25 1.97 1.13 1.97 1.97 5.06 4.22 4.22 Ice Rink 1,000 SF GFA 2.36 7.08 2.66 1.52 2.66 2.66 6.83 5.69 5.69 Live Theater Seat 0.02 0.06 0.02 0.01 0.02 0.02 0.06 0.05 0.05 Miniature Golf - Hole 0.33 0.99 0.37 0.21 0.37 0.37 0.95 0.80 0.80 Movie Theater Seat 0.14 0.42 0.16 0.09 0.16 0.16 0.41 0.34 0.34 Tennis Courts Court 3.88 11.64 4.37 2.49 4.37 4.37 11.23 9.36 9.36 INSTITUTIONAL Church 1,000 SF GFA 0.30 0.63 0.22 0.13 0.22 0.22 0.57 0.47 0.47 Day Care 1,000 SF GFA 0.66 1.39 0.49 0.28 0.49 0.49 1.25 1.04 1.04 MEDICAL Clinic 1,000 SF GFA 5.18 15.54 6.84 3.91 6.84 6.84 15.54 14.67 14.67 Hospital Bed. 1.22 , 3.66 1.61 0.92 1.61 1.61 3.66 3.45 3.45 _ Nursing Home Bed 0.20 0.60 0.26 0.15 0.26 0.26 0.60 0.57 0.57 OFFICE Corporate Headquarters Building 1,000 SF GFA 1.39 4.17 2.66 1.52 2.66 2.66 4.17 4.17 4.17 General Office Building 1,000 SF GFA 1.49 4.47 2.85 1.63 2.85 2.85 4.47 4.47 4.47 Medical/Dental Office 1,000 SF GFA 3.66 10.98 6.99 4.00 6.99 6.99 10.98 10.98 10.98 Single Tenant Office Building 1,000 SF GFA 1.72 5.16 3.29 1.88 3.29 3.29 5.16 5.16 5.16 Office/Business Park 1,000 SF GFA 1.50 4.50 2.87 1.64 2.87 2.87 4.50 4.50 4.50 COMMERCIAL Automobile-related Automobile Care Center 1,000 SF GFA 2.03 6.08 2.28 1.30 2.28 2.28 5.87 4.89 4.89 Automobile Parts Sales 1,000 SF GFA 3.41 10.23 3.84 2.19 3.84 3.84 9.86 8.22 8.22 Gasoline/Service Station Fueling Position 8.44 5.07 1.77 1.01 1.77 1.77 4.56 3.80 3.80 .Convenience Market with 12 or More Fueling Positions Fueling Position 5.89 3.53 1.24 0.71 1.24 1.24 3.18 2.65 _ 2.65 Convenience Market with Less than 12 Fueling Positions 1,000 SF GFA 20.61 12.37 4.33 2.47 4.33 4.33 11.13 9.27 9.27 New Car Sales 1,000 SF GFA 2.24 6.72 2.52 1.44 2.52 2.52 6.48 5.40 5.40 Quick Lubrication Vehicle Center Service Position 3.11 9.34 3.50 2.00 3.50 3.50 9.01 7.51 7.51 Self-Service Car Wash Stall 3.47 2.08 0.73 0.42 0.73 0.73 1.88 1.56 1.56 _ Tire Store 1,000 SF GFA 2.97 8.90 3.34 1.91 3.34 3.34 8.58 7.15 •7.15 Dining Fast Food Restaurant with Drive-Thru 1,000 SF GFA 16.74 40.09 14.03 8.02 14.03 14.03 36.08 30.07 30.07 • Fast Food Restaurant without Drive-Thru 1,000 SF GFA 13.08 31.31 10.96 6.26 10.98 10,96 28.18 23.49 23.49 High Turnover(Sit-Down)Restaurant 1,000 SF GFA 6.19 14.83 5.19 2.97 5.19 5.19 13.34 11.12 11.12 Quality Restaurant 1,000 SF GFA 4.19 10.05 3.52 2.01 3.52 3.52 ' 9.04 7.53 7.53 Grocery Stores and Convenience Markets Convenience Market with 12 or More Fueling Positions Fueling Position 5.89 3.53 0.71 0.71 0.71 0.71 _3.18 2.65 2.65 Convenience Market with Less than 12 Fueling Positions 1,000 SF GFA 20.61 12.37 2.47 2.47 2.47 ^2.47 11.13 9.27 9.27 Supermarket 1,000 SF GFA 7.37 22.10 4.74 4.74 4.74 4.74 21.31 17.76 17.76 Other Retail - -Free-Standing Retail Store 1,000 SF GFA 2.53 7.59 2.85 1.63 2.85 2.85 7.32 6.10 6.10 Furniture Store 1,000 SF GFA 0.21 0.63 0.24 0.14 0.24 0.24 0.61 0.51 0.51 Pharmacy/Drugstore 1,000 SF GFA 5.30 15.91 5.97 3.41 5.97 5.97 15.35 12.79 12.79 Shopping Center 1,000 SF GFA 2.47 7.41 2.78 1.59 2.78 2.78 7.14 5.95 5.95 Video Arcade 1,000 SF GFA 5.32 15.96 5.99 3.42 5.99 5.99 15,39 12.83 12.83 Video Rental Store 1,000 SF GFA 6.80 20.40 7.65 4.37 7.65 7.65 19.68 16.40 16.40 Wholesale Wholesale Market 1,000 SF GFA 0.21 0.63 0.24 0.14 0.24 0.24 0.61 0.51 0.51 SERVICES Bank(Walk-In) 1,000 SF GFA 19.89 33.71 11.80 6.74 11.80 11.80 30.34 25.29 25.29 Bank(Drive-In) 1,000 SF GFA 29.03 49.20 17.22 9.84 17.22 17.22 44.28 36.90 36.90 • • 1A-45 City of Southlake Impact Fee Ordinance Maximum Impact Fee Schedule Exhibit E-1 Effective Effective Effective Effective 08/09/90 09/10/93 04/23/96 02/15/00 Water Impact Fee Per LUE $ 1,035.00 $ 1,635.00 $ 1,798.32 $ 3,609.00 (1" Meter) Wastewater Impact Fee Per LUE $ 1,562.00 $ 1,903.00 $ 1,265.68 $ 2,249.00 (1" Water Meter) Roadway Impact Fee Per Vehicle-Mile Service Area 1 N/A N/A $ 508.00 $ 898.00 Service Area 2 N/A N/A $ 795.00 $ 1,045.00 Service Area 3 N/A N/A $ 760.00 $ 2,641.00 Service Area 4 N/A N/A $ 551.00 $ 1,181.00 Service Area 5 N/A N/A $ 643.00 $ 1,442.00 Service Area 6 N/A N/A $ 618.00 $ 1,075.00 Service Area 7 N/A N/A $ 722.00 $ 1,520.00 Service Area 8 N/A . N/A $ 597.00 $ 3,557.00 NUMERICAL AVERAGE $ 649.25 $ 1,669.88 COLLECTION RATE PER VEHICLE MILE APPROVED 2/15/00 Exhibit E-2: Land UseNehicle-Mile Equivalency Table/With Maximum Fee Schedule Applied TOTAL (1999) SERVICE UNITS (VEH-MI / DEV. UNIT) LAND USE CATEGORY DEVELOPMENT S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. UNIT 1 2 3 4 5 6 7 8 PORT AND TERMINAL Truck Terminal Acre $ 17,646 $ 12,002 $ 17,333 $ 13,564 $ 16,562 $ 2.1,124 $ 29,86.8 $ 69,895 INDUSTRIAL General Light Industrial 1,000 SF GFA $ 2,640 $ 1,796 $ 2,593 $ 2,029 $ 2,478 $ 3,161 $ 4,469 $ 10,458 General Heavy Industrial/Manufacturing 1,000 SF GFA $ 1,832 $ 1,246 $ 1,799 $ 1,408 $ 1,719 $ 2,193 $ 3,101 $ 7,256 Industrial Park 1,000 SF GFA $ 2,478 $ 1,686 $ 2,435 $ 1,905 $ 2,326 $ 2,967 $ 4,195 $ 9,817 Warehousing 1,000 SF GFA $ 1,643 $ 1,208 $ 1,745 $ 1,365 $ 1,667 $ 1,967 $ 2,782 $ 6,509 Mini-Warehouse 1,000 SF GFA $ 781 $ 574 $ 829 $ 649 _$ 793 $ , 935 $ 1,322 $ 3,095 RESIDENTIAL Single-Family Detached Housing Dwelling Unit $ 2,721 $ 3,166 $ 8,002 $ 3,578 $ 4,369 $ 3,257 $ 4,606 $ 10,778 Apartment/Multi-family Dwelling Unit $ 1,805 $ 2,100 $ 5,308 $ 2,374 $ 2,898 $ 2,161 $ 3,055 $ 7,150 Mobile Home Park Dwelling Unit $ 1,563 $ 1,818 $ 4,595 $ 2,055 $ 2,509 $ 1,871 $ 2,645 $ 6,189 Retirement Community Dwelling Unit $ 916 $ 1,066 $ 2,694 $ 1,205 $ 1,471 $ 1,097 $ 1,550 $ 3,628 LODGING Hotel Room $ 1,643 $ 717 $ 1,036 $ 811 $ 990 $ 1,897 $ 2,236 $ 5,232 Other Lodging Facilities Room $ 1,266 $ 553 $ 798 $ 625 $ 763 $ 1,462 $ 1,723 $ 4,031 RECREATIONAL _ Arena Acre $ 89,791 $ 39,192 $ 56,600 $ 44,293 $ 54,082 $ 103,673 $ 122,158 $ 285,865 Driving Range Tee $ 3,368 $ 1,470 $ 2,123 $ 1,661 $ 2,028 $ 3,888 $ 4,581 $ 10,721 Golf Course Acre $ 1,051 $ 459 $ 662 $ 518 $ 633 $ 1,213 $ 1,429 $ 3,345 Health/Recreational Clubs and Facilities 1,000 SF GFA $ 4,715 $ 2,058 $ 2,972 $ 2,326 $ 2,840 $ 5,443 $ 6,414 $ 15,009 Ice Rink 1,000 SF GFA $ 6,358 $ 2,775 $ 4,008 $ 3,136 $ 3,829 $ 7,341 $ 8,650 $ 20,241 Live Theater Seat $ 54 $ 24 $ 34" $ 27 $ 32 $ 62 $ 73 $ 172 Miniature Golf Hole $ 889 $ 388 $ 560 $ 439 $ 535 $ 1,026 $ 1,209 $ 2,830 Movie Theater Seat $ 377 $ 165 $ 238 $ 186 $ 227 $ 435 $ 513 $ 1,201 Tennis Courts Court $ 10,453 $ 4,562 $ 6,589 $ 5,156 $ 6,296 $ 12,069 $ 14,221 $ 33,278 INSTITUTIONAL Church 1,000 SF GFA $ 566 $ 230 $ _333 $ _ 260 $ 318 $ 610 $ _ 718 $ 1,681 Day Care 1,000 SF GFA $ 1,245 $ 507 $ 732 $ 573 $ 700 $ 1,341 $ 1,580 $ 3,698 MEDICAL Clinic 1,000 SF GFA $ 13,955 $ 7,152 $ 10,329 $ 8,083 $ 9,869 $ 16,706 $ 22,292 $ 52,167 Hospital Bed $ 3,287 $ 1,684 $ 2,433 $ 1,904 $ 2,324 $ 3,935 $ 5,250 $ 12,286 Nursing Home Bed $ 539 $ 276 $ 399 $ 312 $ 381 $ 645 $ 861 $ 2,014 OFFICE - Corporate Headquarters Building 1,000 SF GFA $ 3,745 $ 2,776 $ 4,009 $ 3,137 $ 3,830 $ 4,483 $ 6,338 $ 14,833 General Office Building 1,000 SF GFA $ 4,014 $ 2,976 $ 4,297 $ 3,363 $ 4,106 $ 4,805 $ 6,794 $ 15,900 Medical/Dental Office 1,000 SF GFA $ 9,860 $ 7,309 $ 10,555 $ _ 8,260 $ 10,086 $ 1.1,804 $ 16,690 $ 39,056_ Single Tenant Office Building 1,000 SF GFA $ 4,634 $ 3,435 $ 4,960 $ 3,882 $ 4,740 $ 5,547 $ 7,843 $ 18,354 Office/Business Park 1,000 SF GFA $ 4,041 $ 2,995 $ 4,326 $ 3,385 $ 4,133 $ 4,838 $ 6,840 $ 16,007 COLLECTION RATE PER VEHICLE MILE APPROVED 2/15/00 Exhibit E-2: Land UseNehicle-Mile Equivalency Table/With Maximum Fee Schedule Applied TOTAL (1999) SERVICE UNITS (VEH-MI / DEV. UNIT) LAND USE CATEGORY DEVELOPMENT S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. COMMERCIAL Automobile-related Automobile Care Center 1,000 SF GFA $ 5,463 $ 2,385 $ 3,444 $ 2,695 $ 3,291 $ 6,308 $ 7,433 $ 17,394 Automobile Parts Sales 1,000 SF GFA $ 9,183 $ 4,008 $ 5,788 $ 4,530 $ 5,531 $ 10,602 $ 12,493_ $ 29,235 Gasoline/Service Station Fueling Position $ 4,550 $ 1,853 $ 2,676 $ 2,094 $ 2,557 $ 4,902 $ 5,776 $ 13,517 Convenience Market with 12 or More Fueling Positions Fueling Position $ 3,174 $ 1,293 $ 1,867 $ 1,461 $ 1,784 $ 3,419 $ 4,029 $ 9,428 Convenience Market with Less than 12 Fueling Positions 1,000 SF GFA $ 11,105 $ 4,523 $ 6,532 $ 5,111 $ 6,241 $ 11,964 $ 14,097 $ 32,989 New Car Sales 1,000 SF GFA $ 6,035 $ 2,634 $ 3,804 $ 2,977 $ 3,635 $ 6,968 $ 8,210 $ 19,212 Quick Lubrication Vehicle Center Service Position $ 8,389 $ 3,662 $ 5,288 $ 4,138 $ 5,053 $ 9,686 $ 11,413 $ 26,708 Self-Service Car Wash Stall $ 1,872 $ 762 $ 1,101 $ 862 $ 1,052 $ 2,017 $ 2,376 $ 5,561 Tire Store 1,000 SF GFA $ 7,991 $ 3,488 $ 5,037 $ 3,942 $ 4,813 $ 9,227 $ 10,872 $ 25,442 Dining Fast Food Restaurant with Drive-Thru 1,000 SF GFA $ 36,003 $ 14,664 $ 21,177 $ 16,572 $ 20,235 $ 38,789 $ 45,705 $ 106,956 Fast Food Restaurant without Drive-Thru . 1,000 SF GFA _$ 28,121 $ 11,453 $ 16,540 $ 12,944 $ 15,804 $ 30,297 $ 35,699 $ 83,540 High Turnover(Sit-Down)Restaurant 1,000 SF GFA $ 13,313 $ 5,422 $ 7,831 $ 6,128 $ 7,482 $ 14,344 $ 16,901 $ 39,551 Quality Restaurant 1,000 SF GFA $ 9,021 $ 3,674 $ 5,306 $ 4,152 $ 5,070 $ 9,719 $ 11,452 $ 26,799 Grocery Stores and Convenience Markets Convenience Market with 12 or More Fueling Positions Fueling Position $ 3,174 $ 739 $ 1,867 $ 835 $ 1,019 $ 3,419 $ 4,029 $ 9,428 Convenience Market with Less than 12 Fueling Positions 1,000 SF GFA $ 11,105 $ 2,584 $ 6,532 $ 2,921 $ 3,566 $ 11,964 $ 14,097 $ 32,989 Supermarket 1,000 SF GFA $ 19,845 $ 4,950 $ 12,509 $ 5,594 $ 6,830 $ 22,913 $ 26,999 $ 63,180 Other Retail Free-Standing Retail Store 1,000 SF GFA $ 6,816 $ 2,975 $ 4,296 $ 3,362 $ 4,105 $ 7,870 $ 9,273 $ 21,699 Furniture Store 1,000 SF GFA $ 570 $ 249 $ 359 $ 281 $ 343 $ 658 $ 775 $ 1,814 Pharmacy/Drugstore 1,000 SF GFA $ 14,289 $ 6,237 $ 9,007 $ 7,049 $ 8,606 $ 16,498 $ 19,440 $ 45,491 Shopping Center 1,000 SF GFA $ 6,650 $ 2,903 $ 4,192 $ 3,280 $ 4,005 $ 7,678 $ 9,047 $ 21,171 Video Arcade 1,000 SF GFA $ 14,332 $ 6,256 $ 9,034 $ 7,070 $ 8,632 $ 16,548 $ 19,498 $ 45,629 Video Rental Store 1,000 SF GFA $ 18,319 $ 7,996 $ 11,548 $ 9,037 $ 11,034 $ 21,151 $ 24,923 $ 58,322 Wholesale Wholesale Market 1,000 SF GFA $ 566 $ 247 $ 357 $ 279 $ 341 $ 653 $ 770 $ 1,801 SERVICES Bank(Walk-In) 1,000 SF GFA $ 30,275 $ 12,331 $ 17,807 $ 13,935 $ 17,015 $ 32,618 $ 38,433 $ 89,939 Bank(Drive-In) 1,000 SF GFA $ 44,184 $ 17,996 $ 25,989 $ 20,338 $ 24,833 $ 47,604 $ 56,091 $ 131,260 City of Southlake Impact Fee Ordinance Impact Fee Collection Schedule Exhibit F-1 Effective Effective Effective Effective Effective Effective 11/9/90 9/10/93 4/23/96 10/1/96 10/1/97 2/15/0.0 PERCENTAGE OF MAXIMUM 57.76% 56.53% 67.15% 69.18% 72.24% 40.53% PERCENTAGE INCREASE OVER PRIOR 33.33% 65.00% 3.03% 4.41% 24.65% Total Avg Fee For Single Family Unit $ 1,500.00 $ 2,000.00 $ 3,300.00 $ 3,400.00 $ 3,550.00 $ 4,425.00 Water Impact Fee Per LUE $ 500.00 $ 700.00 $ 1,100.00 $ 1,250.00 $ 1,450.00 $ 1,804.50 (1" Meter) -a Wastewater Impact Fee Per LUE $ 1,000.00 $ 1,300.00 $ 1,100.00 $ 1,000.00 $ 900.00 $ 1,124.50 (1"Water Meter) '9 Avg Roadway Fee For Single Family Unit $ 1,100.00 $ 1,150.00 $ 1,200.00 $ 1,496.00 Roadway Impact Fee Per Vehicle-Mile Service Area 1 N/A N/A $ 385.96 $ 403.51 $ 421.05 $ 493.62 Service Area 2 N/A N/A $ 385.96 $ 403.51 $ 421.05 $ 493.62 Service Area 3 N/A N/A $ 385.96 $ 403.51 $ 421.05 $ 493.62 Service Area 4 N/A N/A $ 385.96 $ 403.51 $ 421.05 $ 493.62 Service Area 5 N/A N/A $ 385.96 $ 403.51 $ 421.05 $ 493.62 Service Area 6 N/A N/A $ 385.96 $ 403.51 $ 421.05 $ 493.62 Service Area 7 N/A N/A $ 385.96 $ 403.51 $ 421.05 $ 493.62 Service Area 8 N/A N/A $ 385.96 $ 403.51 $ 421.05 $ 493.62 COLLECTION RATE PER VEHICLE MILE APPROVED 2/15/00 $493.62 Exhibit F-2: Land UseNehicle-Mile Equivalency Table/Fee Schedule Used For Collection Purposes TOTAL (1999) SERVICE UNITS (VEH-MI / DEV. UNIT) LAND USE CATEGORY DEVELOPMENT S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. UNIT 1 2 3 4 5 6 7 8 PORT AND TERMINAL _ Truck Terminal Acre $ 9,700 $ 5,669 $ 3,240 $ 5,669 $ 5,669 $ 9,700 $ -9,700 $ 9,700 INDUSTRIAL General Light Industrial ' • 1,000 SF GFA $ 1,451 $ 848 $ 485 $ 848 $ 848 $ 1,451 $ 1,451 $ 1,451 General Heavy Industrial/Manufacturing 1,000 SF GFA $ 1,007 $ 589 $ 336 $ 589 $ 589 $ 1,007 $ 1,007 $ 1,007 Industrial Park 1,000 SF GFA $ 1,362 $ 796 $ 455 $ 796 $ 796 $ 1,362 $ 1,362 $ 1,362 Warehousing 1,000 SF GFA $ 903 $ 571 $ 326 $ 571 $ 571 $ 903 $ 903 $ 903 Mini-Warehouse 1,000 SF GFA $ 429 $ 271 $ 155 $ 271 $ 271 $ 429 $ 429 $ 429 RESIDENTIAL . Single-Family Detached Housing Dwelling Unit $ 1,496 $ 1,496 $ 1,496 $ 1,496 $ 1,496 $ 1,496 $ 1,496 $ 1,496 Apartment/Multi-family Dwelling Unit $ 992 $ 992 $ 992 $ 992 $ 992 $ 992 $ 992 $ 992 Mobile Home Park Dwelling Unit $ 859 $ 859 $ 859 $ 859 $ 859 $ 859 $ 859 $ 859 Retirement Community Dwelling Unit $ 503 $ 503 $ 503 $ 503 $ 503 $ 503 $ 503 $ 503 LODGING Hotel Room , $ 903 $ 339 $ 194 $ 339 $ 339 $ 871 $ 726 $ 726 Other Lodging Facilities Room $ 696 $ 261 $ 149 $ 261 $ 261 $ 671 $ 559 $ 559 RECREATIONAL -Z Arena Acre $ 49,357 $ 18,513 $ 10,579 $ 18,513 $ 18,513 $ 47,605 $ 39,671 $ 39,671 D Driving Range Tee $ 1,851 $ 694 $ 397 $ 694 $ 694 $ 1,785 $ 1,488 $ 1,488 Golf Course Acre , $ 578 $ 217 $ 124 $ 217 $ 217 $ 557 $ 464 $ 464 Health/Recreational Clubs and Facilities 1,000 SF GFA $ 2,592 $ 972 $ 555 $ 972 $ 972 $ 2,500 $ 2,083 $ 2,083 Ice Rink 1,000 SF GFA $ 3,495 $ 1,311 $ 749_$ 1,311 $ 1,311 $ 3,371 $ 2,809 $ 2,809 Live Theater Seat $ 30 $ 11 $ 6 $ 11 $ 11---$ $ 29 $ 24 $ 24 Miniature Golf Hole $ 489 $ 183 $ 105 $ 183 $ 183 $ 471 $ 393 $ . 393 Movie Theater Seat $ 207 $ 78 $ 44 $ 78 $ 78_ $ 200 $ 167 $ 16.7_ Tennis Courts Court $ 5,746 $ 2,155 $ 1,232 $ 2,155 $ 2,155 $ 5,542 $ 4,618 $ 4,618 INSTITUTIONAL Church 1,000 SF GFA $ 311 $ 109 $ 62 $ 109 $ 109 $ 280 $ 233 $_ 233 Day Care 1,000 SF GFA $ 684 $ 239 $ 137 $ 239 $ 239 $ 616 $ 513 $ 513 MEDICAL Clinic 1,000 SF GFA $ 7,671 $ 3,378 $ 1,930 $ 3,378 $ 3,378 $ 7,671 $ 7,239 $ 7,239 Hospital Bed $ 1,807 $ 796 $ 455 $ 796 $ 796 $ 1,807 $ 1,705 $ 1,705 Nursing Home Bed $ 296 $ 130 ' $ 75 $ 130 $ 130 $ 296 $ 280 $ 280 OFFICE Corporate Headquarters Building 1,000 SF GFA $ 2,058 $ 1,311 $ 749 $ 1,311 $ 1,311 $ 2,058 $ 2,058 $ 2,058 General Office Building 1,000 SF GFA $ 2,206 $ 1,406 $ 803 $ 1,406 $ 1,406 $ 2,206 $ 2,206 $ 2,206 Medical/Dental Office 1,000 SF GFA $ 5,420 $ 3,453 $ 1,973 ,$ 3,453 $ 3,453 $ 5,420 $ 5,420 $ 5,420 Single Tenant Office Building 1,000 SF GFA $ 2,547 $ 1,622 $ 927 $ 1,622 $ 1,622 $ 2,547 $ 2,547 $ 2,547 yr COLLECTION RATE PER VEHICLE MILE APPROVED 2/15/00 $493.62 Exhibit F-2: Land UseNehicle-Mile Equivalency Table/Fee Schedule Used For Collection Purposes TOTAL (1999) SERVICE UNITS (VEH-MI / DEV. UNIT) LAND USE CATEGORY DEVELOPMENT S.A. S.A. S.A. S.A. S.A. S.A. S.A. S.A. UNIT 1 2 3 4 5 6 7 _ 8 Office/Business Park 1,000 SF GFA $ 2,221 $ 1,415 $ 809 $ 1,415 $ 1,415 $ 2,221 $ 2,221 $ 2,221 COMMERCIAL Automobile-related Automobile Care Center • 1,000 SF GFA $ 3,003 $ 1,126 $ 644 $ 1,126 $ 1,126 $ 2,897 $ 2,414 $ 2,414 Automobile Parts Sales 1,000 SF GFA $ 5,048 $ 1,893 $ 1,082 $ 1,893 $ 1,893 $ 4,868 $ 4,057 $ 4,057 Gasoline/Service Station Fueling Position $ 2,501 $ 875 $ 500 $ 875 $ 875 $ 2,251 $ 1,876 $ 1,876 Convenience Market with 12 or More Fueling Positions Fueling Position $ 1,744 $ 611 $ 349 $ 611 $ 611 $ 1,570 $ 1,308 $ 1,308 Convenience Market with Less than 12 Fueling Positions 1,000 SF GFA $ 6,104 $ 2,136 $ 1,221 $ 2,136 $ 2,136 $ 5,494 $ 4,578 $ 4,578 New Car Sales 1,000 SF GFA $ 3,317 $ 1,244 $ 711 $ 1,244 $ 1,244 $ 3,199 $ 2,666 $ 2,666 Quick Lubrication Vehicle Center Service Position $ 4,611 $ 1,730 $ 988 $ 1,730 $ 1,730 $ 4,448 $ 3,706 $ 3,706 Self-Service Car Wash Stall $ 1,029 $ 360 $ 206 $ 360 $ 360 $ 926 $ 772 $ 772 Tire Store 1,000 SF GFA $ 4,393 $ 1,648 $ 942 $ 1,648 $ 1,648 $ 4,237 $ 3,531 $ 3,531 Dining Fast Food Restaurant with Drive-Thru 1,000 SF GFA $ 19,790 $ 6,927 $ 3,958 $ 6,927 $ 6,927 $ 17,811 $ 14,843 $ 14,843 Fast Food Restaurant without Drive-Thru 1,000 SF GFA $ 15,458 _$ 5,410 $ 3,092 $ 5,410 $ 5,410_$ 13,912 $ 11,593 $ 11,593 High Turnover(Sit-Down)Restaurant 1,000 SF GFA $ 7,318' $ 2,561 $ 1,464 $ 2,561 $ 2,561 _$ 6,586 $ 5,489 $ 5,489 Quality Restaurant 1,000 SF GFA $ 4,959 $ 1,736 $ 992 $ 1,736 $ 1,736 $ 4,463 $ 3,719 $ 3,719 y Grocery Stores and Convenience Markets Convenience Market with 12 or More Fueling Positions Fueling Position $ 1,744 $ 349 $ 349 $ 349 $ 349 $ 1,570 $ 1,308 $ 1,308 Convenience Market with Less than 12 Fueling Positions 1,000 SF GFA $ 6,104 $ 1,221 $ 1,221 $ 1,221 $ 1,221 $ 5,494 $ 4,578 $ 4,578 Supermarket 1,000 SF GFA $ 10,909 $ 2,338 $ 2,338 $ 2,338 $ 2,338 $ 10,521 $ 8,768 $ 8,768 Other Retail Free-Standing Retail Store 1,000 SF GFA $ 3,747 $ 1,405 $ 803 $ 1,405 $ 1,405 $ 3,614 $ 3,011 $ 3,011 Furniture Store 1,000 SF GFA $ 313 _$ 117 $ 67 $ 117 $ 117 $ 302 $ 252 $ 252_ Pharmacy/Drugstore 1,000 SF GFA $ 7,854 $ 2,946 $ 1,683 $ 2,946 $ 2,946 $ 7,576 $ 6,313 $ 6,313 Shopping Center 1,000 SF GFA $ 3,655 $ 1,371 $ 783 $ 1,371 $ 1,371 $ 3,526 $ 2,938 $ 2,938 Video Arcade 1,000 SF GFA $ 7,878 $ 2,955 $ 1,689 $ 2,955 $ 2,955 $ 7,598 $ 6,332 $ 6,332 Video Rental Store 1,000 SF GFA $ 10,070 $ 3,777 $ 2,158 $ 3,777 $ 3,777 $ 9,712 $ 8,094 $ 8,094 Wholesale Wholesale Market 1,000 SF GFA $ 311 $ 117 $ 67 $ 117 $ 117. $ 300 $ 250 $ 250 SERVICES Bank(Walk-In) 1,000 SF GFA $ 16,642 $ 5,825 _$ 3,328 $ 5,825 $ 5,825 $ 14,978 $ 12,481 $ 12,481 Bank(Drive-In) 1,000 SF GFA $ 24,287 $ 8,501 $ 4,857 $ 8,501 $ 8,501 $ 21,859 $ 18,216 $ 18,216 City of Southlake, Texas MEMORANDUM February 11, 2000 TO: Billy Campbell, City Manager FROM: Shelli Siemer, Assistant to the City Manager SUBJECT: Ordinance No. 769, 2nd Reading, Hotel Occupancy Tax Ordinance Action Requested: Consideration of the adoption of a Hotel Occupancy Tax Ordinance. Background Information: The City Council approved the first reading of the hotel occupancy tax ordinance at the February 1, 2000 meeting. The local hotel occupancy tax can provide an alternative source of funding for a city's economic development initiatives to promote tourism in the convention and hotel industry. As explained in the attached letter from City Attorney Deborah Drayovitch,the city may implement a hotel occupancy tax by adopting an ordinance calling for the levy of the tax. Unlike the local sales tax, the hotel occupancy tax can be implemented without voter approval. This memo highlights information- pertaining to the: allowable tax rate, comparison rates with neighboring cities, the allowed use of hotel occupancy' • 'tax revenues including definitions of allowed and prohibited uses, a summary of how area cities spend their hotel occupancy tax revenue, and possibilities for Southlake to use hotel occupancy tax revenues. . Allowable Tax Rate-Maximum Seven Percent(7%) For those cities and counties participating in the hotel occupancy tax program, the maximum allowable tax rate is seven percent of the price paid for the use of a hotel room. Hotel food and personal service costs are not taxed. There is some variation in the levied tax rates for Texas cities. The comparative tax_ rates for neighboring cities and total revenues collected are as follows: City . . Hotel Tax Rate Hotel Tax Per Capita Tax Revenue 1998 Revenue • Grapevine - 6 %. $3,280,265 , $ 112.33 Lewisville , 7% $ 1,012,481 $21.76 N.Richland Hills' ' 7% $284,095 $ 6.19 Bedford 7% $ 831,540 $ 19.00 Euless 7 % . $332,995 $ 8.73 • Hurst 7 % $ 76,687 $2.28 Farmers Branch 6% $2,140,128 $ 88.25 Burleson 7% $ 80,518 $ 5.00 Billy Campbell February 11,2000 Page 2 The State of Texas administers a six percent hotel occupancy tax rate. There are seventeen counties, which have received legislative approval to adopt a county hotel occupancy tax. Neither Tarrant nor Denton Counties currently levy a hotel occupancy tax. Use of Hotel Tax Revenues -Promote Tourism The revenue generated from the local hotel occupancy tax must directly enhance and promote the tourism, convention and hotel industries in the city, which levies the tax. It cannot be used for general revenue purposes or to pay for governmental expenses unrelated to the task of tourism. The expenditure must be intended to bring visitors from outside of the city into;the city or its vicinity. Expenditure Categories The expenditure of hotel occupancy tax revenues must fit into one of the five statutory categories: 1. Funding the establishment or improvement of a convention center 2. Paying the administrative cost for facilitating convention registration; 3. Paying for tourism related advertising and promotions of the city; 4. Funding programs which enhance the arts;.or 5. Funding historical restoration or preservation programs. The explanations below summarize the allowable and prohibited expenditures for each of the five categories: - (1) Funding the establishment or improvement of a convention center Convention Center facilities are defined as: civic centers, civic center buildings, auditoriums, exhibition halls, and coliseums owned by the city or other gov't entity managed by the city. Allowed Uses • • • Acquisition of sites for a convention center • Construction of a convention center • Improvements to a convention center facility, enlarging,equipping,and repairing the facility • Operation and maintenance costs associated with a convention center. • Parking areas or facilities located in the vicinity of the convention center Prohibited Uses • Recreational facilities such as a golf course or tennis courts cannot be funded by hotel tax revenues. In fact, using a portion of the hotel occupancy tax revenues for a city recreational facility has been upheld by the Attorney Genera to violate the intent of the tax. Billy Campbell February 11,2000 Page 3 (2) Paying the administrative cost for facilitating convention registration Allowed Uses Costs associated with the administration of convention includes covering the facility costs, personnel costs, and costs of materials for the registration of convention participants. (3) Paying for tourism related advertising and promotions of the city Allowed Uses . Promotional programs or advertising directly related to attracting conventions and tourists to the,city. Prohibited Uses Advertising to attract new business and residents to the city is not an allowed use of hotel occupancy tax funds. . (4) Funding programs which enhance the arts Arts is defined as instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic, and craft arts, motion pictures, radio, television, tape and sound recording, and performing arts. Allowed Uses • Promotional activities related to arts programs • Costs associated with the physical facilities to accommodate these art forms (5) Historical restoration and preservation programs Funds spent in this category must be used on a"project or activity located within the. city or immediate vicinity which will encourage tourists to visit historic sites Allowed Uses • Costs related to advertising and promoting tourists to visit historic sites • Costs associated with rehabilitation or preservation of historic structures Hotel tax proceeds may be used for covering a portion of administrative costs associated with implementing programs or 'projects "covered in the five allowable categories. Efforts to promote the city as a tourist or convention location may involve' some travel-related expenses. Such ;expenses may involve the travel to attend an event or to conduct an activity directly related to the promotion of the travel and hotel industry, or travel directly related to providing staff the training to acquire skills and knowledge necessary to promote tourism. 343-3 ' Billy Campbell February 11,2000 Page 4 Additional Limits on Expenditures The statute sets additional limits on how cities can allocate the hotel occupancy tax revenues to be spent in each category based on the population of the city. These limits also vary based on the amount of tax levied by the city. For a city with a population under 125,000, the following list describes the minimum and maximum limits, which must be spent in each category, if the City Council chooses to adopt a seven percent hotel occupancy tax: • A minimum of one percent (1%) of the hotel occupancy tax rate must be spent on tourism related advertising and promotions; - • A maximum of 15% of the total revenue produced by the tax can be spent on art related programs; • A maximum of 50% of the revenue may be spent on historical restoration or preservation programs, if no revenue is allocated to construction or • operating a convention center. Possible Hotel Occupancy Tax Expenditures The primary qualification for the use of hotel occupancy tax revenue is that the expenditure directly enhances and promotes tourism. The following lists describe possibilities the City of Southlake may choose to use for the hotel tax revenue. S Promotional S • City wide festivals/events - promoted regionally, state wide, nationally to bring visitors to Southlake (ie: kite festival, Fourth of July celebration, holiday lighting celebration) • Banners on city light poles promoting various events • National and State recreational tournaments (ie: baseball, softball, soccer, basketball tournaments) - • Marketing/advertising of Southlake in state and national travel magazines • Contribution to the Chamber of Commerce for the promotion of tourism to the city - • Travel expenses associated with trips to Sister Cities by promoting cultural • • exchanges to Southlake S • Possible costs associated with entrance portals • Billy Campbell February 11,2000 Page 5 Historical Preservation • Restoration of historical sites such as the log cabin • Various programs such as oral history events,historical society • Establishment of a historical commission • Historical memorial or monument displays (ie: such as memorial to Bob. Jones) Cultural Programs • Contributions to the Northeast Tarrant Arts Council for promoting, sponsoring and holding arts in the City of Southlake • Contribution to Lake Cities Community Band for their seasonal concerts • Masterworks music series • Possibilities to include some costs associated with Texas Sister Cities International • Funds related to displays of public art Convention Center/Visitors Information Center • The city may choose in the future to'build a conference center • Designate a location for a visitor's information center and provide materials for visitors. Financial Considerations: If the City Council adopts a hotel occupancy tax ordinance, the maximum allowable'tax rate for the city to levy is seven percent of the price paid for the use of a hotel room. Citizen Input/ " Board Review: It is the City Council's authority to designate how the funds are used and to ensure they are used properly. It is the City Manager's recommendation that the City Council determine how to spend the funds for the first two years the tax generates revenue. Some cities create a hotel advisory commission, made up of representatives in the travel and hotel industry, to obtain input on the use of the tax revenues. " • Legal Review: The City Attorney prepared the ordinance and provided a summary cover letter.regarding the hotel occupancy tax. ' Alternatives: The alternative would be to either not adopt the hotel occupancy tax or delay this ordinance for a later date. • Billy'Campbell February 11,2000 Page 6 Supporting Documents: Hotel Occupancy Tax Ordinance and cover letter. Use of Hotel Occupancy Tax Revenues-Area Cities Comparative Analysis Staff Recommendation: Please place this item on the February 15, 2000 City ;Council agenda for second reading of the ordinance. 9 _ Y�e Use of Hotel Occut,ancy Tax Revenues Area Cities Comparative Analysis Convention Center Historical Preservation Promotional Cultural Euless Operations of the Conference Restoration of a historical Annual Arbor Days Events Center portion of Texas Star home(Fuller Home) (promotion and operations— event brings visitors from around the state and region) Conference Center portion of National and State the debt service payment for recreational tournaments building (Dixie World Series Baseball League playoffs) Capital items at Conference Advertise the city in state Center(additional lighting at travel guides and magazines pavilion,table,chairs) w/national circulation Membership fees to Tourism Council Farmers Branch ' Purchase a facility to become Events held in the Historic Marketing/advertising of the Contributions to the regional a convention center—(bonds Park(Christmas lighting, city in state and national film commission issued are backed with hotel decorating,and improvement magazines tax revenue) to the park) Costs assoc.w/the museum Travel expenses related to Contribution to Brookhaven located in the historic park attending convention planning College for a musical jazz meeting - series concerts Fourth of July celebration (advertising event regionally and state wide). State wide sporting events/ tournaments Grapevine Operations and capital costs Train depot operating costs Advertising in state/national/ associated with the international travel magazines Convention Center Donation to Chamber of- - Commerce to,promote the city Travel expenses associated with trips to Sister Cities by promoting Grapevine Convention Center Historic reservation Promotional Cu_ ;1 Lewisville - . Old Town Streetscape Contribution to the Chamber Contribution to the Chamber of Commerce to promote of Commerce to promote arts tourism to the city Oral History Program Events such as Christmas Arts&Crafts Show stroll,Western Week,Town Hot Rod Reunion. Sporting Events Fall and Summer Music Series Fourth of July Fireworks Hurst Operation and Maintenance Portion of costs contributed to Funds contributed to North costs for Conference facility the city's development of the East Tarrant Arts Council to web-site promote/host art programs in the city(Masterworks music series) Advertising in the Chamber directory Portable display for promotional booth at conventions Regional and state athletic tournaments(softball) . Holiday lighting ceremony (lights at city hall and library) Banners on city light poles advertising various annual events Bedford Renovate Old Bedford School Advertising costs to promote Northeast Tarrant Arts visitors to Bedford Council programs (mastwerwork music,etc) Operation and Maintenance . Bedford Blues Festival for Old Bedford School • TAYLOR, OLSON, ADKINS, SRALLA & ELAM, L.L.P. ATTORNEYS AT LAW F^.^.THROCKMORTON STREET TELEPHONE(817)332-2580 BANK ONE TOWER TOLL FREE(800)318-3400 tT WORTH,TEXAS 76102-3821 FAX(817)332-4740 DEBRA DRAYOVITCH small:Ddrayovitcht toase.com extension:224 • January 6, 2000 [VIA EMAIL&FIRST CLASS MAIL] Ms:Shelli Siemer CITY OF SOUTHLAKE 1725 E. Southlake Boulevard Southlake, Texas 76092 • Re: Proposed Hotel Occupancy Tax Ordinance Dear Shelli: " Enclosed you will find a draft of the proposed hotel occupancy tax ordinance which you have requested that I prepare. The ordinance tracks the provisions of Chapter 351 of • the Texas Tax Code, which govern municipal hotel occupancy taxes. For your convenience, I have also enclosed a copy of Chapter 351. The following is a brief summary of the applicable law regarding the City's authority to impose a hotel occupancy tax and the-mechanisms. • In general, home rule cities are authorized to adopt a hotel occupancy tax within the city boundaries. The City Council implements the tax simply by adopting the ordinance calling for the levy of the hotel occupancy tax. Unlike a local sales tax, the local hotel occupancy tax does not require voter approval. A city with a population of under 35,000 may also adopt the hotel occupancy tax within that city's extraterritorial jurisdiction (ETJ) as long as the combined state, county, and city tax.does not exceed 15%. We have provided that this ordinance imposes the tax in the city's ETJ. If you do not desire this provision in the ordinance,•we can delete it. The tax is imposed against any person or entity who pays for the use of a room in a hotel if the room is ordinarily'used for sleeping and the charge for the room exceeds $2.00 per day. The price of the room does not include the cost of food service or other personal services except those relating to-cleaning and readying the room for use. The statute allows an exemption from the tax for persons who have contracted to use a hotel room for 30 or more consecutive days. The statute also provides that employees of a federal or state agency must pay the hotel occupancy tax at the time they use the room.. However, such a governmental entity is entitled to receive a refund of.those taxes on a quarterly basis by filing a refund claim with the city on forms promulgated by the state comptroller. Current law does not exempt city officers and staff from the hotel occupancy tax, even if the officer or employee is traveling on official City business. Additionally, Shelli Siemer January 6, 2000 • Page 2 employees of institutions of higher education are not exempt from the application of the tax. The draft ordinance-incorporates these statutory exemptions. The tax is paid by the hotel customer to the hotel and then is remitted to the city on a regular basis. The state comptroller's office is not involved. The ordinance provides for . a tax of 7% of the charge paid by the occupant of a hotel room, and the term "hotel" is specifically defined in the statute and set forth in the ordinance. If the Council wishes to adopt a lower tax rate,we can amend that section. Most cities, however, adopt a tax rate of seven percent. The operators of the hotel must collect the tax, and report and pay the tax to the city on the 15th day of the month following when the tax was earned. Additionally, the person collecting the tax is entitled to be reimbursed one percent of the gross amount of the tax collected if the tax is paid to the city timely (on the 15th day of the following month). The city, however, is not permitted to retain any established percentage of the collected tax to cover their own administrative costs. The statute and draft ordinance authorize the City to take the following actions against a hotel that fails to report or collect the tax: 1. To require the forfeiture of any revenue the city allows the hotel operator to retain for collecting the tax; 2. To bring suit against the hotel for non-compliance; 3. To bring suit to enjoin operation of the hotel until the required report is filed and/or the tax is paid; and . 4. To take any other remedies provided under law. The statute and the ordinance further provide for penalties in the event the hotel • fails to collect or pay the tax,or fails to file a report as required. Such failure is an offense punishable by a fine of up to$500,and there is an additional penalty of 15% of the tax due. Further, delinquent taxes accrue interest at 10% beginning 30 days after the tax is 'due. The ordinance further provides for attorneys'fees in the event the city has to enforce these provisions against any person. Finally,the statute and the ordinance limit the disposition of the hotel occupancy tax revenue. Every expenditure of such taxes must first,directly enhance and promote tourism in the convention'hotel industry, and secondly, must fit into one of five statutory categories for expenditure of tax revenues: 1. Funding the establishment or improvement of a convention center; 2. Paying the administrative costs for facilitating convention registration; 3. Paying for tourism related advertising and promotions of the city; 4. Funding programs which enhance the arts; or Shelli Siemer January 6, 2000 Page 3 'M 5. Funding historical restoration or preservation programs. Additionally,the statute provides certain additional rules regarding the expenditure of tax revenues. Forexample,a city with a population of less than 125,000,like Southlake, must spend an amount equal or greater than the amount of tax equal to one percent of the cost of the room plus cost of tax on advertising and promotion of the city to attract tourist and convention delegates, and such a city is limited in spending a maximum of 15% of the revenue for certain arts programs. Finally,if the City does not use any of the hotel revenue for constructing or operating a convention center, only 50% of the tax revenue may be spent on historical restoration and preservation projects. After your review of the enclosed draft hotel occupancy tax ordinance, please give me a call with any questions, concerns or revisions. I hope you had a wonderful Holiday. Sincerely, /606 Debra Drayovitch DAD:tml Enclosure cc: Shana Yelverton Assistant City Manager City of Southlake 1725 E. Southlake Boulevard • Southlake, Texas 76092 Sharen Elam Director of Finance • City of Southlake 1725 E.Southlake Boulevard Southlake, Texas 76092 W:1SouthlakelLETTERS1SIemer.L1R.DAD.wpd • • • c-1--ISf 1 I City of Southlake, Texas ORDINANCE NO. 769 AN ORDINANCE PROVIDING FOR A HOTEL OCCUPANCY TAX OF SEVEN PERCENT ON THE PRICE PAID FOR A ROOM IN A HOTEL; DEFINING TERMS; PROVIDING FOR A TAX LEVY; PROVIDING FOR EXCEPTIONS;PROVIDING FOR THE DISPOSITION OF REVENUE AND REFUNDS; PROVIDING FOR RESPONSIBILITY FOR COLLECTION, REPORTING, • AND PAYMENT OF THE TAX; PROVIDING FOR. REPORTS,PAYMENTS AND FEES; PROVIDING RULES,REGULATIONS AND PENALTIES; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; 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 of the City of Southlake has determined that it is necessary to adopt this ordinance to impose a hotel occupancy tax so that the best interests of the citizens of Southlake are served; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,_TEXAS: SECTION 1. That Chapter 17 of the Code of Ordinances of the City of Southlake is hereby amended by adding a new Article IV thereto, which shall read as,follows: "ARTICLE IV. • HOTEL OCCUPANCY TAX Section 17-100. Definitions. (1) "Consideration" means the cost of a room in a hotel, and does not include: (A) the cost of any food served or personal services rendered to the occupant not related to cleaning and readying the room or space for occupancy; or (B) any tax assessed by any other governmental agency for occupancy of the room. (2) "Director" means the director of finance of the city or the director's designated representative. (3) "Hotel" means any building in which members of the public obtain sleeping accommodation for consideration. The term includes a hotel, motel, tourist home, tourist house, tourist court, lodging house, inn, rooming house, or bed and breakfast. The term does not include: • (A) a hospital, sanitarium, or nursing home; or (B) a dormitory or other housing facility owned or leased and operated by an institution of higher education or a private or independent institution of higher education, as those terms are defined by Section 61.003 of the Texas Education Code,as amended, that is used by the institution for the purpose of providing sleeping accommodations for persons engaged in educational program or activity at the institution. • (4) "Occupancy"means the use or possession, or the right to the use or possession, of any room,in a hotel. (5) "Occupant"means any person who,for a consideration,uses,possesses,or has a right to use or possess any room in a hotel under any lease, concession,permit,right of access,license, contract, or agreement. (6)- "Tax"means the hotel occupancy tax levied in this article pursuant to Chapter 351 of the Texas Tax Code, as amended. (7) "Tourist" means an individual who travels from the individual's residence to a different municipality, county, state, or country for pleasure,recreation, education, or culture. (8) "Visitor Information Center" means a building or a portion of a building used to distribute or disseminate information to tourists. Sec. 17-101. Levy and amount of tax. (a) There is hereby levied a tax upon the occupant of any room that: (1) is in a hotel within the City or its extraterritorial jurisdiction; (2) is ordinarily used for sleeping; and (3) the cost of occupancy of which is $2 or more each day. (b) The tax is equal to seven percent of the consideration paid by the occupant of the room to the hotel. Sec. 17-102. Exemptions and refunds. (a) A person described in Section 156.101 or Section 156.103(d) of the Texas Tax Code, as amended, is exempt from the payment of the tax imposed under this article. (b) A governmental entity excepted from the tax imposed by Chapter 156 of the Texas Tax Code, as amended, under Section 156.103(a)(1) or (a)(3) of that chapter shall pay the tax imposed by this article,but is entitled to a refund of the tax paid. (c) A person described in Section 156.103(c)of the Texas Tax Code, as amended, shall pay the tax imposed by this article, but the state governmental entity with whom the person is associated is entitled to a refund of the tax paid. (d) To receive a refund of tax paid under this article,the governmental entity entitled to the refund must file a refund claim with the director on a form prescribed by the state comptroller and provided by the director. A governmental entity may file a refund claim with the director only for each calendar quarter for all reimbursements accrued during that quarter. Sec. 17-103. Responsibility for collection,reporting, and payment of tax. Every person owning, operating, managing,or controlling any hotel shall collect the tax for the city and report and pay the tax to the city in accordance with all requirements and procedures set forth in this article. Sec. 17-104. Reports; payments; fees. (a) On the 15th day of the month following each month in which a tax is earned, every person required by this article to collect the tax shall file a report with the director showing: (1) the consideration paid for all occupancies in the preceding month; (2) the amount of the tax collected on the occupancies; and (3) any other information the director may reasonably require. (b) Every person required by this article to collect the tax shall pay the tax due on all occupancies in the.preceding month to the director at the time of filing the report required under _ Subsection(a)of this section. (c) Every person collecting a tax under this article may deduct a one percent collection fee from the gross amount of tax collected on all occupancies in the preceding month if the tax is paid to and received by the director no later than the 15th day of the month following the month in which the tax is required to be collected. If the 15th day falls on a weekend or holiday,the director \\SLKSV4001\SSIEMER$\SHELLI\HOTEL TAX\HOTELOCCUPANCYTAX_ORDINANCE.DOC Page 3 must receive the tax by the next business day. If the tax is paid by mail, the date of receipt by the director is the date postmarked by the U.S. Postal Service. (d) Each remittance of a tax required by this article must contain the following statement and representation signed by the person required by this article to collect the tax: The tax remitted and paid to the City of-Southlake with this report was collected pursuant to the requirements of Article IV, Chapter 17, Southlake City Code, as amended. (e) The director shall maintain a record that accurately identifies the receipt and expenditure of all revenue derived from the tax imposed by this article. Sec. 17-105. Tax collection on purchase of a hotel. (a) If a person liable for the payment of a tax under this article is the owner of the hotel and sells the hotel,the successor to the seller or the seller's assignee shall withhold an amount of the purchase price sufficient to pay the tax due until the seller provides a receipt from the director showing that the amount has been paid or a certificate stating that no tax is due. (b) The purchaser of a hotel who fails to withhold an amount of the purchase price as required by this section is liable for the amount required to be withheld to the extent of the value of the purchase price. (c) The purchaser of a hotel may request that the director issue a certificate stating that no tax is due or issue a statement of the amount required to be paid before a certificate may be issued. The director shall issue a certificate or statement not later than 60 days after receiving the request. (d) If the director fails to issue the certificate or statement within the period provided by Subsection(c)of this section,the purchaser is released from the obligation to withhold the purchase price or pay the amount.due. Sec. 17-106. Rules and regulations. The director is authorized to make any rules and regulations necessary to effectively collect the tax. The director shall, upon giving reasonable notice, have access to all books and records necessary to enable the director to determine the correctness of any report filed as required by this article and the amount of taxes due under this article. \\SLKSV4001\SSIEMER$\SHELLI\HOTEL TAX\HOTELOCCUPANCYTAXORDINANCE.DOC Page 4 7e) -/5 Sec. 17-107. Use and allocation of revenues. (a) The revenue derived from any hotel occupancy tax imposed and levied by this article may be used only to promote tourism in the convention and hotel industry, and that use is limited to the following: (1) the acquisition of sites for and the construction, improvement,enlarging, equipping, repairing, operation, and maintenance of convention center facilities or visitor information centers, or both; (2) the furnishing of facilities,personnel, and materials for the registration of convention delegates or registrants; (3) advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the city or its vicinity; (4) the encouragement,promotion, improvement, and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and draft arts, motion pictures,radio, television,tape and sound recording,and other arts relating to the presentation,performance, execution, and exhibition of these major art forms; and (5) historical restoration and preservation projects or activities or advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums: (1) at or in the immediate vicinity of convention center facilities or visitor information centers; or (2) located elsewhere in the city or its vicinity that would be frequented by tourists and convention delegates. (b) Revenue from any hotel occupancy tax imposed and levied by this article may not be used for the general revenue purposes for general governmental operations of the city. (c) Allocations of the hotel occupancy tax revenue by the city for the purposes set out by subsection(a) above, must comply with the provisions of Chapter 351 of the Texas Tax Code. Sec. 17-108. Penalties. (a) A person commits an offense if the person: (1) fails to collect the tax imposed by this article; (2) fails to file a report as required by this article; (3) fails to pay the director the tax when payment is due; (4) files a false report; or (5) fails to comply with Section 17-105(a) when purchasing a hotel. \\SLKSV4001\SSIEMERS\SHELLI\HOTEL TAx\HOTELOCCUPANCYTAx ORDINANCE.DOC Page 5 (b) An offense committed under subsection(a)of this section is punishable by a fine not to exceed$500. (c) In addition to any criminal penalties imposed under Subsection (b) of this section, a person failing to pay the tax to the director by the 25th day of the month following the month in which the tax is required by this article to be collected shall pay an amount equal to 15 percent of the tax due as a penalty. Delinquent taxes draw interest at the rate of 10 percent per year beginning 30 days from the date the tax is due to the director. - (d) In addition, the city is authorized to file legal proceedings against the hotel for noncompliance seeking any other remedies provided by state law. (e) In addition to the amount of any tax owed, a person is liable to the city for all reasonable attorney's fees incurred by the city in enforcing this article against the person and in collecting any tax owed by the person under this article." SECTION 2. CUMULATIVE CLAUSE This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas,except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances,in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 3. SEVERABILITY CLAUSE It is hereby declared to be the intention of the city council that the phrases, clauses,sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence,paragraph or section. SECTION 4. \\SLKSV4001\SSIEMER$\SHELLI\HOTEL TAX\HOTELOCCUPANCYTAX ORDINANCE.DOC Page 6 PUBLICATION The city secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least 10 days before the second reading of this ordinance. The city secretary shall additionally publish the caption and penalty clause of 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 5. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF ,2000. MAYOR ATTEST: . CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF ,2000. MAYOR \\SLKSV4001\SSIEMER$\SHELLI\HOTEL TAX\HOTELOCCUPANCYTAX_ORDINANCE.DOC Page 7 ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney • \\SLKSV4001\SSIEMER$1SHELLI\HOTEL TAX\HOTELOCCUPANCYTAX_ORDINANCE.DOC Page 8 City of Southlake, Texas MEMORANDUM February 11, 2000 To: Billy Campbell, City Manager From: Charlie Thomas, City Engineer, extension 814 Subject: Ordinance.772, 2' Reading- Changing the Street Name of Bastogne Way to Merlot Drive Action Requested: Adopt ordinance 772, changing the name of Bastogne Way to Merlot Drive. Background Information: The final Plat for Versailles Phase I was approved in 1996. That plat t' included a street named Bastogne Way running from Fountain Drive to the north line of the subdivision with a dead end at undeveloped property. The final plat for Versailles Phase III, which is situate d along the north side of Versailles Phase I, was approved in 1999. A street named Merlot*Drive was platted tying into the north end of Bastogne Way. There are no addresses on Bastogne Way. To eliminate a street name change in the middle of the block, Bastogne Way should to be changed to Merlot Drive. Council approved this name a change on;first. reading ,on February 1, • 2000. Financial Considerations: None. • Citizen,Input/ Board Review: None. • Legal Review: City Attorney is reviewing ordinance. Alternatives: Approve it or deny it. 7C-1 Supporting • Documents: Ordinance Plat Exhibit Staff Recommendation: Please place on City Council Agenda for February 15, 2000 for Council review and approval. / ' 4*i' Charlie J. Tho.8 as City Engineer, • ., , s. ' LLC , `;fit_ -"?•.`• - • • 'xis 4*i,I, - ey t. I R.' Ji�"tv J. =ram�°. r r.f I� a ="ter_ c - v'fi._ _-vr:' r! h x.a `Av .A u d _ k :•?a :- • _ qg`. 1c- CITY OF SOUTHLAKE ORDINANCE NO. 772 AN ORDINANCE CHANGING THE NAME OF STREET LOCATED IN VERSAILLES PHASE I ADDITION WITHIN THE CITY, PRESENTLY KNOWN AS "BASTOGNE WAY" TO "MERLOT DRIVE"; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR THE REPEAL OF INCONSISTENT ORDINANCES. WHEREAS, a change in the name of the street located within the City of Southlake, Texas (the "City"), presently known as "Bastogne Way", located in Versailles Phase I Addition, to "Merlot Drive" has been requested by the developer of Versailles Phase I Addition; and WHEREAS, it is the intention of the City Council to hereby officially change the name of such street as requested. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE: Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. Section 2. That the name of the portion of the street located within the City presently known as "Bastogne Way", located in Versailles Phase I Addition, is hereby officially changed to "Merlot Drive". Section 3. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this, ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 4. All ordinances or parts of ordinances inconsistent or in conflict with the provisions of this ordinance are hereby expressly repealed to the extent of the inconsistency or conflict. - 7C-3 4 PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 2000. MAYOR ATTEST: CITY SECRETARY °PASSED"AND'APPROVED ON SECOND READING ON U THIS DAY OF , 2000. . MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY ° 7C-4 • • . P.M M TI. I •••.11.•w.tom—«Yoe..•rr w •1/1 Il'lrCI t.r.MTq 1 'T•..•r•••aw•M Mr.r...••.w.r,.•r.r••.. .1 '��••./.•• .T. .1.. ••.A••r•✓1• U..•••b••.!Y••r•a..•«w W.�..r•M' •..�•.w..• .Aw, e ts..•I ii 1'1-• I•.1.cm.1.4 94•M.•••.Mir.r r Ca.M•r.. 4 A'+ � `ww4rrwr r•••n r I+r'• .Al 490.4.11 y1t.00.0114•0. T•I•NP Tr►..•.•w r••••..•••.r..•2M••N•.1.1., ,_ I A', ../ t �t 1\ 1 - .r4-e 9.44.144 4r laJM•••.••ter 1, ..Ai 4 044 NOV*:m -•w•1.___f.... _,,., r. '' • .f • { • •.W.___, / .•• ,.ty � ...• .. i I 1 .4•.•.�i 114 T:�.t er••I....:...•...r..r•••IJOL ..' .lw - • ..r •••In�N•1••I . ..V•� ..1.� Y /,. ... .,. .!i• i ...... ram.•-•.r ' . w••w•te r..• . ••r.\ •Y••w.l••Y..• Y.M••.•r•••••�.M«••• •� .,`t ..� ... ..L.,.�...�J' i..�. • .....C. a..I.. ` + r,. i.wow�.•w•1•....eL••�erw~r tin:..i rri a.tww a: o:�''�...'�:i...l,. i ♦ • •• • • Y••I• 1•• :'• ....• . Lp• , w.•M M••1 f w•I.MMtl.M.MO r•. OM o Raf , . ,.••.. ••... ..••.. ,•.•• •.w •, 1 II « •'- I•w••r •(•IrM la r•L. r mayor".r L.I. Ca.nT a.T••l.1 1. .1 • • _•• �I • •'f.aMa.. '" Kr. • ll! ' 1�1 '1-.r•.•�... 1M I.4 LAIYr Y.r.4 M4 4.44.r.r Wr n. _ '• r .. -——ALMOLy ——.�J-•• .* , .,. 1 T/-M,..mama' r,ti LL••—••—••• Cw«••14I141 w.•M•r r•w•.M r MIM 1+Fr L..••r •r•r r wr•w••yo—yo..•4 An•...r wasp.A•.O••.r .R •/ AL • +• In•Ir•r r AURA r••.mama•.•r Mar 1.14 1.W 4 r. 144....4.4 U.tr.•••�,••.r r•.r•.•.r•.. p -:+.a 'fII w% . ^ 144.L r r..rr•mayor r Ir►M L•r•.•rl Is... •••.•w.r a... ..w•..,..•..r r..w••r r r..r • .• , Iiiii -- ,s• err _ b . .rrnwr�rrMw►r wrr•w re...rL wri . .`.«+•r.�r....«...+..�.r......r..r.•.r.w•• ,C 1 _ _ _ M.Ir Mra 9 MI•M'•M 1•.•i...111 4.4 M r••..If •..a T + '_Cr"Yar\ • ;f;� • I 1 MOON NI M.j.../r/.f •;.• ••+.mayor..•.r..•....w..•wr•r .. • l00•I' r— V • • r-. • I 4.L Mti•M I•ram Y.•.•1 ar r row,Mw/awll f . «r I• tamf ' '1 NI • .,.I~ -.. . NW•••+•-'•rNrr�i 1T'.wwrrrw•U*rl.a rL . ..•., I A I •r • 'r - W••.•VOW fw•�.•••1•r•.nu•w.w M lr i..r•..y IA. I II • r...,• .1.,....„- . • •.r•..r.a••••••.r rs•M.4 MIA L••.L W••••r•, law,A•• • ...-..-..--..� 1---�„ f i• w �- •M + Nr..••._r...,..raw 1. hl .I-•• • •••1.44L.wllir.•.r•'u•r'...tr w 1.•.+rL .f.......r....c.-.,.+..... I „� • , :./„.I.M =u.h' I J W•.��••Irma•IIIM I•,•.••yo-yo..••..r mama.••.••.r r_«•r .w 1 - ..-..� :••� lw•r••Lw•..•.40.01r..O..••�•M r..w•r maw••..MIML ,• • t " id! mar.L lr•✓•r M••�• r•.1•.r�•.r..'4r.•.....:4 N••r••.r d ..•..... ...«•w+II OM NM••r A. ...I Ili. �y�. _ 1 y f j� I+r.•w..«ww•�.LLw T...Iw.r+. t I1 O� ' • 7 N tJrr•r rr..r1•r.aLlrr•r•rrrwrr mart— dt Jti..7iL60 '��f Y '•••'" •w•w ! ,• ! Wir.az,.r'n r rw►.. ir i••• '~i.. ecwn r Twr.lJ•• 1 = {` 1tY • •./ rMI.LLW 4J ■ T .., } ilaw.,,t.::.....:, '�T 4414•r•Ildrmau�L04 r r.w•wawa M•r w4...w 4 I. �r W maw rMr.••r4••••r.•�. wse 4 r.�....... ...w'w'.• r t$ I-,.rl _ \ ,- ' r,� i .r.yo-yo.•r.�..r.•r+•►•...r.r r+•r.wk • .. +-+}`� (�•1�I T•�•. M.•r•Y•It••rM.•..w r•yob.M M••.• Y r..nr..•wr.•r�••.•rr r..r...•r wr..►.T.A• I _ ww•a.. • , I ,+ •C{wr•C r 04••a 44 OS44 lYw r Law l a t 114&W4 b• 944 MLR 4•0441d••/r•Mww•.Ail.w M ••••.•...km..•r 04 r.•r 4 • .."7:- . yo-yo... •I:,j: Fn.. ...._.. j++• •� }— ... «w..... ' you...:. ...•. .1 aa- ;iiSi:1'i! .*•• »`: f I 1• vrr 3URVEYOfF3 CERTIFICATE Y i In.IK 1 1 11 / •..4 /i'l ..•r=r r...••r .r.w••/•wrW r••..• Cn 1 — 1j.• •..,....---yo-yo. `�.. I i • I j....-- A + Mn..M ••� • • t•w1.•w1 •�• 1 T_..-.?...-••T..-....1..-..-1•-�:: :.• ''.' i •. •••.1»-.• •' I •••• 1 ( I ' �� ••• -:' •L•wwiilfl (•• �.. I� Lw.•tf•. 11vU TIN i.4•.^•. i•...mama %Pa..•w •wrrr w I•w n• • r.,c , '•Ml•(0.(.N•l• IiJ10f4114 c-• ..'° \!.!. •••1••f•• MLR re•1r•r'• 0r7.11 Ool•!t,"rir soma • 1 `' • . C-1 nm /tax •rarer. /tsar Mr/r5L-• a'J NfYI R1r E �" �•i vl.l C-1 mute I119I WWII .Jr MrIr041 l-1' • us* • C•• loam � YWKwn..•/ C•• MOT /MT mama iii• iu•r 411 t•• ".--4 J. �LL�L' MOT I.MU '• C•1 MOT nsM• Jr=C7•' IILM' wrM•w - t• �...,a,A .RRy! `�'•''� C-1 MOT Our •r•a•• wr •••••.M'• Vl }•I ♦ .• e�e •iilnv iai• it oa• �frw� i•• ' I: ''-'1 a.�r 1••IW PLAT REVISION SHOWING a.l. moo ur r1•A• ur .••.s:•1 I.I. '.r..lw, 1al.r • LOTS ITHRU 28, BLOCK 6 AND 101 . la. •W NO - IIHI}i11KnI-1•l 1 I LOTS I THRU 18, BLOCK 7 OWNERS: ...''APPROVED BY APPROVED BY THE VERSAILLES I11 AN ADDMON TO THE CITY OF SOUTYLAXE•TARRAKT COUNTY.TEXAS THE CITY COUNCIL PLANNING 8 ZONING - JOHN A.FREEMAN SURVEY.ABSTRACT NO.629 6 COMMISSION. J.M.HALE SURVEY.ADSrnACT NO.803 - REPUTING LOTS 16 t.N.00II.1 • E.A.• SMRTI SUBONIS,ON vOIC ( E4 RI.LiO. i' . AS SHOWN ON TIE PLAT RECORDED N J71RI OICXERSON•PRESIDENT • -__ - _ • VOLUTE 766-I34.PAGE 91.FIAT RECORDS.TAIIMNi COMM.IDEAS 9333 S.TEAS AVENUE DATE: '. - 27.7T6 ACRES DnLIAS,TEXAS.'TS22S DATE:______--......--__ •,_ 211-691-5300 SEPTENBER, 1999 FMAI-YN MCKENZE MOBLEY • MAYOR:_w___w CNAIRAUN:_ ROTE: TM PUT CUD XI CA6NET ,AVE DATE., P.O.BOX 92636 M4•r r1..r•.r•...r.,.. • Nw••r ,•r r • MILLER SURVEY/NO, /NC. � • outi•LAXE•TEXAS.76092 - _ ...4 w.44 4•r.••,r.• RI7-461-6244 - , - • - - •••.•r.w••••••V 944 Ow•••••• r•. •you....un.•maw.••••w.•.n.r•• • CITY AI:____ -SECRETAw P62 SECREATARt: - M", . 4 r�•, ••.•+«ten •-CITY CASE NUMBER: ZA 99-017 City of Southlake, Texas MEMORANDUM February 11, 2000 TO: Billy Campbell, City Manager FROM: Karen Gandy, Zoning Administrator, ext. 743 Art Wright, Zoning Assistant, ext. 828 SUBJECT: Second Reading, Ordinance No. 480-HH, Outside Storage and Screening Amendments Action Requested: Consideration of second reading of proposed Ordinance No. 480-HH regarding provisions for outside storage and screening. This draft addresses changes recommended by Mayor Pro Tem Fawks regarding the storage of living plant materials, Councilmember Edmondson regarding cart storage areas and Councilmember Potter regarding items located in front of buildings and visible from public rights-of-way, dumpster screening and several minor changes noted in the City Manager's memorandum. It also includes the one-year amortization period drafted by the city attorney. Background Information: Ordinance No. 480-HH deletes Section 38, "Outside Storage," establishes a new provision in Section 45, "Specific Use Permits" that outside storage be permitted only when granted a specific use permit by the City Council, establishes new regulations for outside storage in Section 45 and revises Section 39, "Screening," addressing some inconsistencies. Provisions regarding outside storage include the following: 1) outside storage may be allowed only with a Specific Use Permit; 2) all outside storage areas shall be screened by a minimum 8' screening wall, except as otherwise noted; 3) outside storage is an accessory use to a principal use; 4) storage must comply with the required setbacks for the principal structures on the lot; 5) storage must be located at the rear or side of the building, but cannot be placed between the principal building and any adjacent public street, noted otherwise in the ordinance. Council Action: On February 1, 2000, City Council approved (5-1) first reading of Ordinance No. 480-HH. A:\480-HHMEMOS.DOC City of Southlake, Texas Consideration of Ordinance No. 480-HH, Outside Storage and Screening Karen Gandy, Zoning Administrator February 11, 2000 Page 2 On January 18, 2000, Council discussed the ordinance and tabled the first reading (5-2) due to the following unresolved issues: 1) whether or not to allow display of sales items (e.g., vending machines, ice machines, Christmas trees, etc.) and charitable sales events in front of principal buildings; 2) whether or not these displayed items should include living plant materials; 3) whether or not these displayed items should be screened with a wall constructed of masonry or similar materials; 4) whether or not this ordinance would prevent the flea market from operating; and 5) what is the appropriate way to bring existing outside storage / display users into compliance with these new regulations. Joint Council / Commission Work Session: In December, 1999, the Council and Commission met in work session on this issue. following are the changes discussed during the joint work session: 1) adding the 0-1 and 0-2 districts to the list of district which may apply for the outside storage SUP; 2) adding the requirement of a screening wall for accessory uses permitted to be displayed in front of the principal building; 3) clarifying the provision that chainlink fencing with slats are only permitted screening devices for properties within the I-1 and I-2 districts not having residential adjacency; and 4) clarifying the provision that where an existing screening wall or fence constructed by a residential property owner and used to satisfy a nonresidential screening requirement)is destroyed by more than 50% of its value then it is the responsibility of the nonresidential property owner to construct a new screening wall or fence to the current standards. P&Z Action: On January 6, 2000, the Planning and Zoning Commission recommended approval (7-0) of Ordinance No. 480-HH with the following changes / A:\480-HHMFM05.DOC a- City of Southlake, Texas Consideration of Ordinance No. 480-HH, Outside Storage and Screening Karen Gandy, Zoning Administrator February 11, 2000 Page 3 recommendations: 1) striking the following language per my request from Page 7, Section 39.3, for non-residential uses going into a residential district: "Said screening requirements shall not be mandatory for public schools, parks, or churches, except where a parking lot or active outdoor or dwelling." 2) instructing staff to look into the possibility of implementing this ordinance on existing uses with some type of amortization period and giving them time to comply; and 3) adding a provision for propane refill bottles being placed behind screening walls in front of the principal building (under General Criteria). Financial Considerations: Not applicable. Alternatives: The Council may recommend such changes or conditions to the ordinance as they deem appropriate. Legal Review: The city attorney's office has reviewed the current draft, and their comments have been shown as bold/double underline and . Supporting Documents: Ordinance No. 480-HH (Draft 13). L A:1480-HHMEM05.DOC I -3 PP CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-HH AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; ADDING SHOPPING °CART STORAGE AN ACCESSORY` USE;; ALLOWING A OUTSIDE:: STORAGE IN ALL - NONE RESIDENTIAL ` DI_STRI,CTS, EXCEPT' OFFICE-DISTRICTS, ONLY BY SPECIFIC USE PERMIT;: DELETING SECTION 38, ".OUTSIDE,STORAGE,",,SIN SITS ENTIRETY;; REVISIN'G.^.SECTION ;;39; `"SCREENING," 1? "AMORTIZATION OF REVISING, .::��SECTI,UN.; .6•I............ .. :.. ..:_. ._ ... _.... NONCONFORMING USES;" PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS,the City has adopted Ordinance No. 480, as amended, as the Comprehensive Zoning Ordinance for the City; and WHEREAS,the City Council has determined that it is appropriate and in the best interest - of the City to promote the public health, safety, and general welfare of its residents by amending Ordinance No. 48Q as provided herein; and WHEREAS, the City Council has given published notice and held public hearings with respect to the amendment of the zoning ordinance as required by law. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: N:\COMMUNITY DEVELOPMENT\WP-FILES\Z8A\PENDING\DRAFT ORDINANCES\480-HH13.DOC(Draft 13 dated 02/11/00) Page 1 SECTION 1. Section 34.1, "Accessory Uses"of Ordinance No. 480, as amended, is hereby amended by adding the following accessory use thereto: "cc. Shopping carts Cart collection areas in parking CS, lots shall not be placed in any required parking and'Pl_JD4 Space. Cart collection storage areas adjacent tobuildmgr shall be screened from 'iew of an material as the priièipal building and corictiucted to a`minimuni height of six(6)fee shall not be permitted outdoors after FOrtar05, 2000.• The City Council may grant a waiver of thk requirement for outside cart storage that was existing:oh February 15,1000 upon a showing by the btisines§ that compliance would create an undue hardship or that the business cannot reasanably-comPljr with thiS•recifitirernent. SECTION 2. Section 45.1 (27), "Specific Use Permits" Of Ordinance No. 480, as amended, is hereby amended by revising the following provision thereto: Outside storage,,subject to the requirenients,of c ( 1, e4.2, C-4,B I 1j-2, , Section 45:11. 1-2,S-1371 S-P-2 ITC PUD" In granting a specific Use permit for any outside „ , storage, th&City Council is atithoried to require , „ specialized: buffering, Screening; disign, and signage requirements and,other conditions to ensure that the()indoor stofage, display and sale is totally compatible with*Spgeific:Sit,O'and,all surrounding land uses. SECTION 3. Section 45.1 (29), "Specific Use Permits" of Ordinance No. 480, as amended, is hereby deleted in its entirety. N:\COMMUNITY DEVELOPMENT\WP-FILES ZBATENDING\DRAFT ORDINANCES 480-HH13.DOC(Draft 13 dated 02/11/00) Page 2 11) SECTION 4. Section 38, Outside Storage, of Ordinance No. 480, as amended, is hereby deleted in its entirety, and said Section 38 shall be reserved for future expansion. SECTION 5. Section 45, "Specific Use Permits," of Ordinance No. 480, as amended, is hereby amended by adding the following new Section 45.11,to read as follows: SPECIFIC R OOMEMENTS FOR:OUTSIDE.STORAGE IN:NQN=RESTDENTIAL DISTRICTS Outside storage and display:of any goods;mateyials; merchandise;equipment,parts;junk or vehicles used in a.business operation'slall not"be permitted unless.granted.by,a specific use:permit and except in.conformance:with;the following provisions:: a.. . General'Criteria L' Outside storage shall b&permitted only as.an accessory use.to the principal use established.on the;lot or.tract.of land,; 2.; Outside storage areas~shall-observe all setback requirements for•the principal buildings cm the lot or,tract of land: 3 No' outside storage.areas shall be located forward:of the--principal building onthe lot or:tract of:land,nor betweenthe principal building and any:adjacent public-street,except for uses traditionally displayed and`sold.`through outside,storage; such•as,1)newspapers,2)bundled firewood, 3) prepackaged.:ice machines, 4)1-vending machines;.•5) Christmas trees (stored^outsi`de.for:sale.beginning one"week.before Thanksgiving,through December•.31.) and 6)'charitable sales events sponsored by,non-profit`organizations provided.that the event not exceed.five'(5)`consecutive:days,at any one location: Except_;for items 1,5,.and.6-rioted above,such items shall not•be visible from the adjacent;public .rights-of=way-and neighboring properties: Tie Council ma r.also consider oll„wmg•the display nnrl sole ofluring plant material°between the principal building n+d'any public right of `�1a� n�ri�ridee t ors ge `one,- nd ainilEk`hell 'veezir-a ssafg-and orderly manner: If,the' Counci.i l:eq es,: =area of'ling plant materials to be enclosed,,a,combination of wrought`iron fence panel& sell mosonrc materials 'similo nri pa �. 1 y 7 7 N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\DRAFT ORDINANCES\480-HH13.DOC(Draft 13 dated 02/11/00) Page 3 4. All-,'areas of`outside storage must be,constructed-ofan'all-weather surface material and shall be exclusive Of.any required parking: 5. e Outside by transient salespersons is prohibited. 6.. ` ;Outside storage,shall;comply with`the,'screening •and'obufferyard requiremients set_forth in Sections 39.2 and 42, respectively, of this ordinance: 7. - .Materials stored.outside, excluding vehicles, trailers, and mobile Machinery or equipment,:shall be`stacked no higher than One°(1)`foot below;the:top.of the screening device: ;; When•-reviewing. applications..for the disply a .and ;sale of living plant:material in,areas between:the principal building and=sany 'adjacent public right-of-way, the Councilmays waive;the solid screening *all and allow a;combination of wrought iron fence panels and',masonry materials,(similar to the principal building): However,bag goods,lawn`equipment;'play equipment,swimming pools, barbecue grills, and similar items shall be stored behind a solid screening wall and shall not,be visible from outside the Screened ed_ b.:` -Additional Screening Criteria For all.properties with-non-residential uses,,except those properties zoned andI-2 which have no,residential'adjacency,the following shall apply:; 1. Outside storage screening(.except as otherwise-permitted for area& of display`arid sales of living plant'materials;) shall,be accomplished by,the construction of a minimum eight.(8)`foot wall..of masonry, Wood,wrought iron,^or a combination of these materials • 2: The screening wall shall meet the-articulation requirements:-set forth in Section`:43.13(d): This,,;requirement'shall apply, to 'walls constructed simultaneously with the:,principal;building or those added to':the.principal.build'ing ataa'later date:. c:' I:n.granting any specific use permit for outside storage,theCity Council may impose such conditions as it deems necessary to°ensure thatsuch storage is not visible fi=om;adjacent public,rights-of-way and,neighboring properties in order ,to:mitigate'the potential adverse impact-ot"outside.storage,upon.the neighboring properties, and any other reasonable conditions." N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\DRAFT ORDINANCES\480-HH13-DOC(Draft 10,dated 12/22/99) Page 4 1� _ �, • SECTION 6. Section 39.2, "Screening Standards," is hereby amended by revising paragraph "e," and adding new paragraphs "g" and"h"to read as follows: "e:, 'A screening'device shall be at,least six:(6).feet in height,but.notinote than eight.(8)'feet.in height unless:otherwise,.:specifically4permitted or'required by this ordinance, or unless approved as':a,variance by the City Council in its consideration;of a concept plan, development plan,.site plan or:a specific use permit or.unless;otherwise approved"bythe Board of Adjustment.-The height ot a Screening'deviee shall be the vertical distance between the,ground and:the top;of the devices f All:mandatory.or permissive screening'shall be erected and maintained so as not to interfere with or obstruct the view;of traffic or:constitutea traffic hazard on any public orprivate street,alley or driveway.' g. A,chain link fence'with.slat inserts shall';constitute an acceptable screening device Only for properties:zoned'I-i and 1-2;which are not located'adjacent to a residentially zoned.lot• , tract or lot having an:occupied residential dwelling and are.not;located adjacent to street:rights-of--way. h., Where the requirements prescribed‘bythis section are in conflict with screening;requirements,which,have been established by oth;eraprovisions of this ordinance,the:More st ingentrequirements shall.apply." SECTION 7. Section 39.3, "Residential Districts," is hereby amended by revising paragraph"c" and by adding paragraph"d"to read as follows: "c. Non-residential uses in a residential district shall be screened from view of any adjacent residentially zoned lot or tract or lot_°having an occupied residential dwelling by a screening device located along the side and rear property lines of such non-residential use to a height of eight (8) feet. d.. Where.a perimeter screening wall:or fence is erected between any residential subdivision: and any ; public=: right-of=.way, the following requirements shall apply (1) `"No new'fence or screening wall (which is parallel to, perpendicular to; approximately parallel to,or.approximately perpendicular to an existing subdivision screening wall or fence)erected`°after the effective date of this ordinance Shall,be erected'to a;.height which exceed the height,ate • subdivision screening wall or:'fence: (2) ;Where a developer orhomeowners?,association of an exiting°,subdivision N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBAWENDING\DRAFT ORDINANCES1480-HH13.DOC(Draft 10,dated 12/22/99) Page 5 constructs a:wroughtiron or other similar non-opaque fence adjacent to any thoroughfare, no screenmg wall.orfence`shall.be erected after the effective'.date of this ordinance within the required side or tear yard which'is parallel to such wrought;iron or,similar non-opaque fence: (3) No existing;screening:wall or`.fence:,shall be repaired, extended or modified'unless such repairs,extensions, or'modificationstiare.done manner consistent with the color,:material, or character of the existing screening wall or fence;°and'any such extension.occurs along the,entire length of such screening wall offence, including where such screening walls ,or fences_may�.be' interrupted;'by„streets, alleys,::or other access ways." SECTION 8. Section 39.4, "Non-Residential Uses,"is hereby amended by changing the title to read"Non- Residential Districts," and by amending paragraph 39.4.b to read as follows: "b. Where a non-residential use abuts a residentially zoned lot or,,tract or lot having an occupied residential`dwelling, a screening device shall be erected along the side and rear property lines abutting said residential lot or dwelling to a height of eight(8)feet. Where the district boundary dividing a non-residential district from a residential district is along a street or alley, and an automobile parking lot or parking area is located in the front yard of the non-residential use, the said parking lot or parking area facing the residential lot shall be suitably screened to a height of not less than three and one-half(3 'A) feet. A variance to this;section may,beapproved'by thetityACouncil during its review'of°any concept plan, development plan, or site plan requiring review:by the Planning and Zoning;.Commission and approval by the City Council, or by the•Board of Adjustment for ail other concept plans, development plans,-or Site plans., All;screening-devices shall be properly, maintained in.perpetuityby the_owner of property with non-residential`uses.;: Failure;.of:the-'owner to maintain the screening-device shall-constitute aviolation'of this ordinance:" SECTION 9. Section 39.4, "Non-Residential Uses," is hereby amended by revising paragraph "c," deleting paragraph"d,"by creating a new paragraph"d," and by revising paragraph"e"to read as follows: "c. - Outside storage of trash/recycling receptacles or any,garbage,refuse and trash/recycling collection and storage areas shall be at the side or rear:of the bnildink,.and shall be N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\DRAFT ORDINANCES\480-HH13.DOC(Draft 10,dated 12/22/99) Page 6 totally encircled.or screened by fence,planting:or other suitable visual barrier six feet (6 in-h') eight and shall have a:metal door.which shall remain closed at.all times These�areas or:receptacles'shall not encroach into any bufferyard "d. Where a"non=residential.use abutsr an ng.:existi residential screening wall`or fence and a written agreement is"executed°between'the developer and residential,property'owner, it;shall be'deemed:the intent of this ordinance to allow the residential screening wall • • or"fence to satisfy that portion of Section-39.4‘.b.-above:(relating,to.side and,rear yard screening) as long as said screening devices maintained in good repair:.Should the screenin device be destroyed°by`more";than-5;0%of its•fair market value'at the•;time.of destruction; ,then.the'owner,of'the nonresidential property shall,.construct. 0-new screening wall;Or.fence'which_meets"the requirerneritS of Section 39.4b'r e. Off-street loading areas shall be adequately screened from view of any residentially zoned,.lot or tract or•:'lot`having:an;occupied residential :dwelling or of any other adjacent land use." SECTION 10. Section 6.11, "Amortization of Nonconforming Uses" is hereby amended by lettering the existing paragraph to "a," and by creating a new paragraph"b,"to read as follows: "a. 'The Board of Adjustment may>from<tiiiie.to_time::on its own motion or'upon cause presented by._interested,persons,inquire``into the existence, continuation or nmaintenance Of any nonconforming use:within theCity:The.Board of Adjustment may take specific action to.abate,remove,:limit or terminate`any nonconforming'use.or structure under reasonable,Iguidelines as set forth;in Sectiori.44.1 of this ordinance::The concurring vote of four,(4)members of the Board shall be necessary,to take:any such action. b. . . .Notwithstanding any provision in this:ordinance,.to the contrary;.any,business whickwas utilizing'.outside'storage'or display prior to:February'15;'2000 may continue to utilize said.outside.storage or display until February 15,20.01 without 'obtaininga,,specificAuse permit.under'Section 45.11,provide such.outside storage or'display is not expanded'beyorid the percentage of;land physically:occupied by outside-storage or display.prior'to"February.15,2000.-After February.15;_2001, no outside storage or display"that is not in conformity with this ordinance.shalll • be.,allowed:'unless a specific use permit is approved for-;such'use,-under"Section 45:11. SECTION 11. 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 N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\DRAFT ORDINANCES\480-HH13.DOC(Draft 10,dated 12/22/99) Page 7 ID - 10 ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 12. 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 13. Any person, firm or corporation who violates, disobeys,omits,neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 14. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning yard regulations which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation,both civil and criminal,whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 15. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\DRAFT ORDINANCES\480-HH13.DOC(Draft 10,dated 12/22/99) Page 8 Pr in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 16. • The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 17. This ordinance shall be in full force and effect from and after its date of passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 2000. MAYOR ATTEST: CITY SECRETARY N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\DRAFT ORDINANCES\480-HH13.DOC(Draft 10,dated 12/22/99) Page 9 l b — `2. r° PASSED AND APPROVED on the 2nd reading the day of ,2000. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: N:ICOMMUNITY DEVELOPMENT\WP-FILESIZBA\PENDING\DRAFT ORDINANCES\480-HH13.DOC(Draft 10,dated 12/22/99) Page 10 City of Southlake, Texas STAFF REPORT February 11, 2000 CASE NO: ZA 99-131 PROJECT: Ordinance No.480-327/Second Reading/Rezoning and Site Plan - Lot 3, Block 2, Gateway Plaza Addition STAFF CONTACT: Karen Gandy,Interim Planning Director, 481-5581, ext. 743 Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Rezoning on property legally described as Lot 3, Block 2, Gateway Plaza Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 5365 & 5366,Plat Records,Tarrant County,Texas, and being approximately 1.15 acres. A Site Plan for Lot 3, Block 2, Gateway Plaza Addition will be considered with this request. PURPOSE: Site Plan approval is required prior to issuance of a building permit. LOCATION: On the north side of East Southlake Boulevard (F.M. 1709) across from the intersection with Bank Street. OWNER: Wyndham Properties, Ltd. APPLICANT: O'Brien& Associates, Inc. CURRENT ZONING: "S-P-2" Generalized Site Plan District with limited "C-3" General Commercial District uses excluding the following uses: 22.2 (7) Conventional golf courses, including outdoor driving ranges accessory thereto,but excluding outdoor miniature golf courses; 22.2 (16) Lodges, sororities and/or fraternities; 22.2 (17) Deleting the words "and care" but allowing "medical care facilities to include nursing arld-Gar* homes, hospitals with their related facilities and supportive retail and personal service uses operated by or under the control of the hospital primarily for the convenience of patients, staff and visitors; 22.2 (18) Mortuaries, funeral homes and undertakers; 22.2 (23) Plumbing and heating appliances, repair and installation services...; 21.2 (8) Business colleges or private schools for vocational training of office related careers, such as stenographers, executive secretaries, etc.; 21.2 (24) Frozen food lockers for individual or family use,not including the processing of food except cutting or wrapping; 18.2.A (29) Radio recording and television broadcasting offices and studios; and requiring that Building 13 to be City of Southlake, Texas contained in its own lot and to allow single story 0-1 uses only or a sit-down restaurant with table service within the same pavement envelope. REQUESTED ZONING: "S-P-1" Detailed Site Plan District with "0-1" Office District uses, a sit-down restaurant with table service, and retail use. LAND USE CATEGORY: Mixed Use NO. NOTICES SENT: Seven(7) RESPONSES: One(1)response was received from within the 200' notification area: • J. Michael Tate, D.D.S., 3101 East Parkway, Southlake, TX, undecided. See attached letter. (Received January 20, 2000.) P&Z ACTION: January 20, 2000; Approved (6-1) subject to Site Plan Review Summary No. 2, dated January 14, 2000, deleting Item #1 (pitched roof) and incorporating the color rendering presented tonight; modifying the requested zoning to read "S-P-1" Detailed Site Plan District with"0-1" Office District uses and sole retail use of interior design, fabric, and upholstery sales; and instructing the applicant to work on language with respect to restaurants and present that language to City Council as an alternative to the approved zoning. COUNCIL ACTION: February 1, 2000; Approved(7-0)First Reading subject to Site Plan Review Summary No. 2, dated January 14, 2000, and subject to P&Z's motion deleting Item #1 (pitched roof) and modifying permitted uses to read: "S-P-1" Detailed Site Plan District with"0-1" Office District uses, a retail fabric store, and sit-down restaurant open no later than 2:00 a.m. and subject to revised elevations submitted at the meeting. STAFF COMMENTS: Attached is Site Plan Review Summary No. 2, dated January 14,2000. N:\Community Development\WP-FILES\MEMO\99CASES\99-131ZS.doc JOHN MICHAEL TATE, D.D.S. STEVEN S. BASER, D.D.S. '1d r 3101 E. Northwest Parkway, Suite A Southlake,Texas 76092 817/481-6364 January 20 , 2000 City of Southlake Planning and Zoning Commission 1721 E. Southlake Blvd, Suite 100 . Southlake, TX 76092 Reference No: ZA99 and ZA99-131 • Dear Sir; I have no overall concerns with the general site plan except_ that the street design fails to show the second curb cut into our west parking lot off Gateway Drive. This curb cut was previously approved by the city. The developer suggested changing the curb cut to the west side of the parking lot, contingent upon an agreement with Lincoln/Kohl .to give me 25 _ (twenty-five) common parking spaces adjacent to our west side. . Lincoln/Kohl has not yet agreed to this. Therefore, the present site plan,, as presented, is not accurate relative to drive configuration. The only other concern _I have is that the landscaping design provide for replacement of as many as possible of the trees lost in the development. Sincerely, • • J. Michael Tate, D.D.S. GD JP1N 2 '0 2000 1 ��r� • . City of Southlake, Texas Tract Map 1 ZA99-131 • [1- . . .:, • , 1-- --f__ / , • .z 1--_i Li ,;:. -1"- '17171:11-----11.-111-r: -- . f--/-3-7-.11,4-11.',':._'., \ _.. . __. .pz / ..._ _ii-- .__.. ..--- • __Li: ,_-_=-:-_--- - ] /. .._ _ ,2 T Is flTH L' I I\ .. , . _ _I 1-)...::.Tc. __1.{--\---ir: \-I.,, L7.7-7\WE:• ir..itiliiii - , i 1111. -:1/ i1. --*-* g[\ ''' ..**‘‘':'5181117.iiii:, _ --- ..-- •\.(,) _______ -- ,•- '\,.,•:•••,',..-.'----,_T._ - pim..)A) ;trri-, j ,i ) _11-2::: ' =i 1-1* - --- . i• .— 4----_1> , :I_,„ --4,i.,' . .,i,i;..:.( -Pr '-=-- -L---. Tui I IT= •=j---,-,=:-:-'.-_11-- ---_-/-: . . . __ ..1. 1•=ja• \.. 11:0 I -.4157/14 ,:--.=! ' r- --- ;-:--t3, ---- --1. . M ,i' . __...._.. _ :- 7 1 13'..4 :--'il - .---I 3-- . _ 1 1 i '=. :P RIAWT_F ,aa?. 1--""niriliii.. 0 '-.• •M -- 1-1 ) I ( - -=-=--Y-.- - ,. , - 71 1 1 1171-1—T -L- 1-M-F----n-------- 0.5 0 0.5 1 Miles ....... ..... ..... N • NkJ‘........._ W - • E S City of Southlake, Texas Surrounding Property Owners ZA99-131 • io 614 4sm ] • ,4ripmea. I Property Owner Zoning Land Use Designation 1. Wydham Properties,Ltd. 1."S-P-2" 1. Mixed Use 2. J.Tate 2."0-1" 2. Mixed Use 3. State of Texas 4. Texas National Bank of Southlake 4."C-3" 4. Retail Commercial 5. KC Development 5."C-3" 5. Retail Commercial 6. Gateway Properties JV 6."C-3" 6. Retail Commercial 7. RAM Interests LP 7."I-1" 7. Retail Commercial 8. State of Texas 9. State of Texas 10. Wyndham Properties,Ltd. 8. "S-P-2" 8. Mixed Use N:\Community Development\WP-FILES\NOTICE\99Exhibits\99131ZSP.doc /E-S • • 1 �� `a'�:rw� mt:o.. a nJ�n+nxr' \ `\-,.n I ..0 ?i• � �'.....fw. ...I.nl.... MI=�I I�(ums v�-_.._ .o.v.w . . _ `=•�.Tili~I•- I� • VIr i`C11t.. �' `w�;\ - °"Iwr-,J4n.in.:• ..,,,I I I. II•' -'• — - t' ..i h`" t'.:oa;. .` •w.�:.�. ---4:•: Th, Iw~,a--.:�El'�,IL.. ...I• - . .= ram•f. t:l . 1 1.1 \ 4 \ ;�g�96Q' / %47 l�52�..•11 I R� :, 'A ;,'7 -i- -� B!>.\t�o � y I,\ r . movmv. y- ,f:kr --- I / ., —,is,---,. , ,, a..: : -_;-:� \ �� —_- �.r WI.' -__�. _ ! ' ,t >:c. _ 1---'Y,,'s�i. - 10LWT WS • ./�s,'{. r 1 n w u l 22 r 7.. '.. ___ __ n WIT susatsvu �•• _4iYtil!1),I "d_'. .' ` • J. .mq• ET:��s I y;\-i-'[-- 1 1 _ -ti i I I I I 1�7'.•w/.j`:• 4;-,�.., i 9TC' ��'J' _o mmn la mas nan. ' yt r . . I-ri J/ .I— 1 1 z ,' ,Z �y� , i?� q i�i;C�� "" r-m Im w-u» Ar _aid�' -i I� /' �F =- ,I -•• J �, i`a'�-- ''"%!^."'-r L ev -L ��— Lnvcar emrwr maw YH N il��_� —_ I II —r :=I 1`s I.,..�1 ` • .. /.1A •c \ Q vL�L 'arlaO�� ear wan ;\ I 1 s$ Y'{ k — —. I�_ ,�.-' ,s.' . ; ..•.--, /� fi-�+/ \ p.....a,SEltrmr"°° r . . :c_? a,,y _ - _ --,—.1------, T�'� _ __• . sue' ?' _ j..'- . =- _i ILIm . i •...'\ : /n3-''- r r .j '• /• ' i:."/ Ib ':� `70,000 r - , •6+ii 4_ r„----kt� r. Tq i-_y___-_ ,1 � ., • a,►sow= '1\ u;I,t- r / , / ,-` ,. . \ �`\ 1 l 1$1,j 1 I n s . K_1 _ xl•@\\i ' _+-se_-. _ ' �t-.•�- cttm. . ,r''fi' n- �' / _'.`5 ♦ // r = 1 t\ ,'!t'rytIt 7 mi n sum tst q00 i ��"' 27;500 ...MIL,* 1+I+ r r r'-"'■ \ \ �/ +'=1'it iu F4- .S i agamil0/1 / blda V" .SC:\bldg 15 • r• ''r•' \ I r4` /1fr I / _,, \\ i . It rasp ,J 1141;.+1u ' / Mg/ I r fv = \�•\ .11E1 //rI h/,/ ' 1% . - �/ V,i`s\ It A. `�•, . rzl ru-tpu/ / \ /r li ' --. . ♦\1, \ j us: m -mm' / ` 4ti4 " , ! r t f`t` \ `\J,. �/ 1 - jw=:-GI C•,. / ,. __ __ ___ -_ _ ___'-- �• � : 1977g �\.r ,,,`.I p"N - \ '`: \\...�;�K, a.' % I ` �• '3 / ❑ Z 0 (` .11 ,_— R�_,. - r' - - .sue+ � \� d _ —• _ \ l d i .0//'^^-- .'° - --._ - ••_o %-e+" \\` ` Ari r _ _ .‘ _ b s- \1y,v�. � '\\ r4i 1 \4 Cl w 0. 'LR�1C:711 Z4,— _ .�f \=tl I ' 11 S.: .�,\`\\w 1 I ./I .N. 9 Q r .E ❑ -.y...n j-- _/ `r�zia r"/ / \ \ / r 1d• 61 \^�`��\�)I,I J '.'% ^}-.'- OW dsI _ - - i 1 , / -! 1 µ 1 - - \• \ - - _s W.1 °O ' 1 \ r I ' I an'm.r W 1-e0 CI 1. '- •'11, 50N I 35,004%- 25,000\ 000`� \ \\Vr --� t,."- \ ��- pLF 1 u[( 1 - .. I I I I lty'r("- Zii.,r \ of \�� .it r ¢ .12 I t�- I I 2 as/ p 110�0 I rbldwi :`,bldg•5 1 bldg SA:\ - Air:::•CLs' G L1- • `UsY, ,.5. .- __•_ `` ,i ❑ �t W bd a 0 ip` I l�St t i +:Eh ►ne p �.Mil°+rv`. i ff LC.:t-. • \. =� W.- .,ty- . ,. _ p I\, Q. O —mr/ I rtlt." .la°✓I i I M} •` - -'I •,�.y—rr _ ` �•',ss.I > Mc-I 1 `-L -�+` -I I .... 7•r ',• '"J.?•�'". .u' ;' T.1C. �` '� ,�FZ, Q, ❑ ■/ _, it r y I GI- ;+ I \;_fag �; �� J1. O 1,1•P0 AG \_/A\%••�\ -�. gq.ar +a �nf - f ih.t 9\t rE" - �t r '' 31 �. r'�\ — iIII�� 1 l \ i t'o r 12.4 . '.00'. .a\" i a-• \ ❑ liN ° __--- ' i.—., et, Irrr - - 1'- %. ! 4 7 t/a _/'cg!% .A%/j a �� -.r.. ; , x., :". Apt, I. . ._ r, _ �, •, � ,; �w;� -- 1= . lAs,.....47.1.B,=ts.R:ciAT EN❑Ii Epp' •ao , • I`C TES� �` „. --__` JJ F27 ~i+ 11 -. -_ I h7d9 BrG.�. \ \ (4 11 F/ f+ \ -i ;st .°rny.eIA, . ❑ ..;',Y J 1I1 SVC, ` QwZd?/ ��\ 'd ,vtl i s; • ' '_`.,, '{+to � r a f- vy.t�.tr °' .,.. ,�;w.p .rt. ❑ 6' _ ------ ! --- ' °"' .►• SITE PLAN ° ° .• ' •i fir,- •-Dr.. - ' ,�. 'f. '.. ( `` - ! LL =• -----;_---------1---- ,____---- -- SOUTH g ..., i SHEET N0. 1 � _ ��J ' ,- _ -'«ww ,r;. •b'• p \ ❑ SP 1 ❑ cf-n L I • PREVIOUSLY APPROVED SITE PLAN SITE PLAN REVIEW RESPONSE Case#Za99-113 Review No.3 Date of Review: 1/14/2000 Name: Site Plan for Gateway,Lots 1&2,Block 2 DEVELOPER COMMENTS l.a. In order to accommodate the area required for the bank footprint an drive-thru,we are requesting a variance to allow 39' of stacking at driveway C3 instead of 50'. b. The off-site driveway for block 1 will be resubmitted with a mutual access agreement to allow access to Dr.Tate's parking lot. 2.a. We request a variance to allow the elevations as shown and deviate 1'-2' from the articulation ordinance. b. We request a variance to allow a combination of pitched and parapet roofs on the buildings under 6,000 sf to keep the design consistent with the main portion of Gateway Plaza. SITE PLAN REVIEW RESPONSE Case#Za99-131 Review No.2 Date of Review: 1/14/2000 Name: Site Plan for Gateway,Lots 3,Block 2 1. We request a variance to allow a combination of pitched and parapet roofs on the buildings under 6,000 sf to keep the design consistent with the main portion of Gateway Plaza. 2. The off-site driveway for block 1 will be resubmitted with a mutual access agreement to allow access to Dr.Tate's parking lot. City of Southlake, Texas SITE PLAN REVIEW SUMMARY Case No.: ZA 99-131 Review No: Two Date of Review: 1/14/2000 Project Name: Site Plan - Gateway Plaza Addition, Lot 3, Block 2 APPLICANT: ARCHITECT: Wyndham Properties Ltd. O'Brien&Associates, Inc. 751 E. Southlake Boulevard#130 5310 Harvest Hill Rd#136 Southlake, TX 76092 Dallas, TX 75230 Phone: (817) 329-4599 Phone : (972) 788-1010 Fax: Fax: (972) 788-4828 Attn. Terry Wilkinson Attn: Lisa Leslie CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/5/2000 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT LISA SUDBURY AT(817)481-5581,EXT. 862. General Development Standards Applies Comments Corridor Overlay Regulations Y See Comment No. 1 Residential Adjacency N None Building Articulation Y Complies Masonry Standards Y Complies Impervious Coverage Y Complies Bufferyards Y Complies Interior Landscape Y Complies Driveways Y See Comment No.2 Lighting Y Complies This review is limited to Lot 3,Block 2, only. A revised site plan for Lots 1 & 2, Block 2, is being considered as Case No. ZA99-113. Only one set of plans has been prepared. A zoning change is required on Lot 3,Block 2, due to the proposed retail use. The previously approved S-P-2 zoning • limited this lot as follows: "Building 13 to be contained in its own lot and to allow single story 0-1 uses only or sit-down restaurant with table service within the same pavement envelope". This rezoning removes Lot 3,Block 2, from the original S-P-2 zoning for Gateway Plaza. 1. All buildings under 6,000 square feet must be constructed with pitched roofs. This plan proposes a building (13)under 6,000 s.f. constructed with a combination of parapet and pitched roofs. (Variance Requested) (P&ZAction, 1/20/00:Allow as shown.) (CC 1st Reading Action, 2/1/2000: Allow per P&Z, as shown.) 1 -7 e-S City of Southlake, Texas 2. The off-site driveway labeled as C6 and Dr. Tate's driveway (off-site) are not shown as permitted on the previously approved plans. A revised site plan of Block 1 and the Tate properties will have to be processed to allow any driveway changes. (P&Z Action, January 20, 2000:Approve (6— 1) subject to Site Plan Review Summary No. 2, dated January 14, 2000, incorporating the color rendering presented tonight; modifying the requested zoning to read "S-P-1"Detailed Site Plan District with "0-1" Office District uses and sole retail use of interior design,fabric and upholstery sales; and instructing the applicant to work on language with respect to restaurants and present that to City Council as an alternative to the approved zoning, and as noted above.) (CC 1st Reading Action, February 1, 2000:Approve (7— 0) subject to Site Plan Review Summary No. 2, dated January 14, 2000, and • modifying the permitted uses to read: "SP-1" with "0-1"District uses, a retail frabric store, and sit-down restaurant open no later than 2:00 a.m., and • subject to revised elevations submitted at the meeting, and • as noted above.) Note: Due to the double frontage lots, dumpster locations are visible from both streets, however, it appears the dumpsters have been located to the defined rear and/or side of the buildings. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * It appears that this property lies within the 65 'LDN D/FW Regional Airport Overlay Zone will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. • The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water& Sewer Impact and Tap Fees, and related Permit Fees. * Denotes Informational Comment \\SLKSV4001\Local\Community Development\WP-FILES\REV\99\99131sp2.doc 2 7E Case No. 99-113 Review No. TwoResubmittal Dated: 12—9 - 99 Number of Pages: 1 Project Name: Block 2, Gateway Plaza(Site Plan Resubmittal)) Contact: Keith Martin, Landscape Administrator Phone: (817) 481-5581, x 848 Fax: (817) 421-2175 The following comments are based on the review of plans received on 11 - 29 - 99 . Comments designated with a (#) symbol may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z or City Council. It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. LANDSCAPE COMMENTS: 1. The applicant is proposing to place the plant material from all previously deleted bufferyards along Gateway Drive. Staff has discussed this item with the Landscape Architect and feels that it is the best location for the plant material to be relocated too. The East, 10'-B bufferyard on Lot 3, Block 2; is also an excellent area for any relocated bufferyard plant material to be placed. TREE PRESERVATION COMMENTS: * No comments. BUILDING INSPECTIONS ■ ■ ■ " ■ ■ ■ Sf18 DATA SUMMARY CHART SIZE DATA SUMMARY CHART LOAOA'a O'•"°'AA• moon c -L V . .."I.r, SITE AREA COVERAGE PROPOSED BUILDING BLOCK 2,LOT 1-2 BLOCK 2,LOT 3 AREA um m aruuu. ®,� no oaro Pero maw v.,n wr.. •:: "�w"�'S""b • Meta 5-P-0 MI r .�ISOM%•r __ LOT 1 ma �w ..rr mr In., .. v gr 1r„•I` OP LON o c.rrA..0 ___ coa.Aaa r I. 2 LOT 2 iu'icr® u.rs •ae uRAxr •a�aa SE Im. n .v . Im . I w�s .a - .Nip Cla • •~.. 0 0 50511( Ii:t7o sr wag —_-- ____. LOT 3 .i•�icn® Ier moo. tow sr IT.,R m a v a Nunn 0 NNW. • . m s *1 ....11 _ --- TOTww..R.. O•;E; ITa TOTAL.AOANA ,•.1�•TV I. In I. Cl wl.m • . ;...o WOST .. -- ° O'BRIEIN """."tr.".�. --_ . ..A,R.a IR.o....r.. __. ainot.ar cum.-Mime unsure VICINITY MAP - r .„,,o' - u o"1� v �� w.� G �•wis . S110HARVEST U6 ROAD ,�� • g ,.... ...1e'.'.^- ".'. ❑ SUITE. A .mA..a . ro DALIAS,TEXAS tt170 ❑ _ m alma - e.® .f ro w>.esriisr...eaeu w+,o r..a++„ : '• u u • Litt. \ = - `, FAX m1WL � '"^•'-"" LESExB LIGHTING STANDARDS CRARr-PAA®ec Ox unmoor \ _ _ I ❑ RRRA6clen•rch[Bm ° ■ iIIINNIMINIIMMIS .•per``""""' - r A „Rr O`.un.....P SLACK III a` umvwarx ��'A y a4 1• 1 .� or"—��..,: ea.m •P.-sowracvt..Wa .� ... I" :n... ? ■ 1-s7lVgy' `", 'I� =4--1-`-2('-j' .1 4 .�,z` - I 1-1-- ' `''• \`. ---\\,o v , ••: _earnv,,nq waee .. ' .-d. po o A w ❑ Anchpr, l��f'' r8�4 I ��I � 1 �`r. m�. p� ` ,^ - • pG�qt il F U', L!_ __—_-- ,,,." LOr 26R B Yn -,' p 0 F^ .`G'�I❑ % - _ 9. IE I '\ i 1rl KNO'11.25 9Z?d aGn:'.1''T • '��'/ .v :tio: C-7. D•F We.NM.' .`::'''.,1%7!\..' .• ' ?.1?4 gt c. F {{ I'}* I I� 11_IIva m OAK �, JEB- �a'"; is, I . _n.°"r. d;�yfs reB ..`tl � 'x F++IY.�_.` 'am. rm.,�" • �-rt• ❑�B'� > 04 ❑ 1.i_i`1 CJ1FI]JJ Sci�/ •► 3! II + i' I — •.' . '\ •ac �.. L :ir N« z Q a _�,zF ;' t - ' -- "! pat`1E w"w ceMFx=: .. �'+�' 1 1 1. �Oaf'RAA °,- -%-.q - , ce' T .rr; ,�y7lC ,+i 1 1 _. 1. . , • O ❑p❑a<O ❑ rT Aa LgN Rror+O ,..."..._....„•,„ ..( r4'�'�,a �,y� �.�� '.�� y 0Vl� O v�1JT n�, 1 I i liia �A: � eRt �,r P p'G� �� >F v _ w'_t;:,'77s s?�, - - `r' -:.r°'v.s.,,r.:.,.r,; .i •:• •G3` ♦/ i.,I,rt C°.°G,.�114iQz:�v.�; b,, 9 I! \,�. \ • ❑D7 m C� .�•n❑ ■ ;r45 p; "/� /= R TrPD E' 1F� ' ` 1 '4 } iT 1 ��'''� bthoao '' :. ] ■ „„ „ •;,.', m' . >_ il' `a� .ai tiv� y.. 1s�ml O \ ISSUE LOG it, °:.1,.",.Aoa.,.. - Y ar .n "`� �-r un.n 1' �-( it'1. _., R•t.A' 1 1 - T �• _ '-y r �'' x,o11. DP9CnImoN DAra \ `r°7 J �� p.t • /� _ _1 '� adstz` aA 1 Y1.1 vl. Eroita No. "... vt` ��'rka✓.✓ t t ` ��r t.�si«° . _ •RE.1." La�.r.wmas , i ,��/ . .\\,.,� / ..•! , � r C ,DLnt1,\ •��1 .k. . i '1�1 m11� • ,.�1 „,,,,,a .a.�m seR,,,,,_ �,. ,. t 1\,11 1. ... , .,� j :4rof••A !a - e yT,• '�j of -E Irk pQ'p1. a 'w 7•, �a� `� 1,2 `,1 Y ♦ ,1 ;per l4.2 - 4:; Rsa.r o WW1 -- Se e /' Wd99 I' +.; 15.200 ' ._`�v'1 :. �,{;. ,i ! — ma 0 ux awn.ham.=__ l « ,bids 7B8 a e • \ `1-Story r �.s� / _ ,I-- r , / f r /' ' 4.76 rS t 'di R•1gvR.i 1Lri iy. i 1 R° ,el¢i at !; "�1 1DM NVINT.IN MIS IN.P.50 �3, ! / G .i ,R•1•R/'•Llaur•n t. At t 1 .+ i k =-ice' T _ . . f I a"'�Iv w..avLu¢s e°O"O �.Lt1t „ A,...w'' y_ `tUrc 12.1t1\ I.- I i --- rl , ;VI F t�3a¢airn. 'A'4•'•'t �\i� �yri.P'i "GTI'` yL�" y� O,O (�I\ ' '•y- - 1de _ ..._--i I ' "m:u'nu"u. 7 t�` • LCCW6�C TTT "' 1'!/ �r� A — ' a 1.. ,�.. _ - ��t' , 1� 6YB�,... 1. ` yy ew- w MMUS",IAMB ' I "'r 4 1:; . .\Q. 00 , 59R US;TWINS. !-I \'\ _.j4� 1 (.11 _YV (_ t\ 2 sa.RW° tt ° ME GO aL111R ° R.afi'E �..P,I ` ou�+ex/eeeucAxr ■ Li, ,� _--' �'' f. �"�0. VTPI4BlR tt'I'n�£VEr'f �1 BUT R1 P Nk-9e`�'IxIS • ° tINWLN FROMM COMPANY ... ! .� �.�,If'�l 1 l � _ O46F1- ca ^ �' CPUExr c nH i'RC IFeY YL tOaSti DOLEL '/ {//'��/t ` .r4''I 4 11 Z4 >: Se.ALUM Sr.SORB 3YA l j� "�iOY: l V 1�•• �_- M. 102LIf.L.1. Rffil!EOaC J tq1r k1�Y:%" ay. BY a Or.R.R; %osy"°. 0 1E1:o t7ittN1r 0 . -i'.,' 1;'.:0'.?„.se.�'r,fr, �' paNE 5D' rdn np✓,r s im m•c"JAL I • 0 rj �,_ 'Z: c+'rN iinii.P, �rau cnMucxIX PRED10ES; ;'•`'i - n./fir Ar.) / '� . PAD. ,t !'. \ - ':`+_. Va OR.I.0 I. (C.969 s%_'1�Y''-{{ PCI 01111IN i 11 OLLl ''(T(�t N TT��L/Jy Y ... -�� (n AA�"�"'MCRdu. 0 PREPARES; ❑ 'OE�L fR.••f �'( �Y .�' 1' � ` FLi 096r AL1J RAD. '� CO J111 yIONr'Rre( 1 y<''' ( e[Cp-4 ❑ (MIL MEW LAtfOL7ATCS � 4J IXA IoroJTF;Ie� ,•. N.. SOWN M' n Macf 31100AlYBSr VILL in sums Of ` S PL� DaC� - aJ• I� LOT I FG Jra .1',.,,,,,LVp ML \Iw l(.•f•'�11'I PAI.IPTAMM ri'0U9Lg, SCALE: '.50' ° ❑ R rcT `` -' - _^b. ..- �^� Rfraavaicxcn ;"�� wm Rwxm {J.Js.Al) S 0 30 50 MO\ \ \ \ ❑ SO)h .sus p 4 u, UUKX a DM. t1OfM , 'aL V LOT,R: R'IAACIX qN 0 SHEET NO. 0 � J / R, PPP�r• 1/L. `A �`h -tEPNfr t06.•P"-9 L RF,U� 1 ,r'y f s oiF�,,. _: s zJ�� 0 SP.1 0 y O-A-- CASE NO:ZA99.N ■ ■ ■ ■ ■ ■ CASE NO:zA99.O1 • ■ ■ Q • QQ I I % ❑ ❑ -: �. 1-fit-== .� .� ❑ ° LiO'BREN El". '_ 4 _ __ I I_I• — ti ❑ t ASSOCIATES ❑ ALLIITTNCTORE PLANNING ❑ INrea1011 ❑ F e ('9 :I 3 DIP HARVEST HILL ROAD I y SUITE G ❑I �I• 0 DALPLAm,OmA75110 o °mobrleuleeeom-.-.� I ■• .4 a 0 Do P l' L tz �O° a 2 a wF w _ z°` D. %I ± I ❑IIII cam oo❑ �. 1 —1 ❑aatpz <a❑ E. { - U°may ❑ — = DUNE LOOm /4 ._ f 11 �� 1a}. o-n. 1 _ N° DIE PLAN aRE QvmOSt.n DATE e�.o- n lau ~ ��04 FLOOR PLAN """'""""' "' m0 a ,w.r.e• BUILDINGU a Paean ID OMCPTvns VONf it I. , .I ' T 1 ' � " `r ,(M . e'- i 1 1} it }`Ir [ { -Lii�I ANN ❑o ar _ _ W;RIEK AOOI. . 1�-•�'•n�� n��n,� s�iS��,; VT!(OBAY T[OT![TIP] AWx nn OAw I�� ,�0 G!pp I= %r l ❑ YRTR[[TT/LRINIOR ❑ uoaeem •�g� . a I�%—,�g�t>+'' t-.j"��\ ' fD rMUT13 W!0 aDe ,a i . ,mi � ir,,, �l.�a'. '��®�l t_aLT. 0 Tewxw, 0 YriD® II'.. I�1®1t�1� tii17w1a1M 25:,a[9BPAlY01 PAR P17410 9 :22 aaNlm ROD 4-. TILE S :i..i: ■ ❑ uNCOLN r[OrllTl Ol1YlANT 1�1�� MIND ■t1�� 11��1• MI.b u tT DOZI[[ S. ❑ DLLLV,R iS]91 0 Co 03 SOUTH ELEVATION • 1 113 9Ton ua _ alaaawatiKr�l araTmr � auanYo<�r KlwN19 r�r�RULINGI NORTU SIM. ❑ PRFPARER• 0 TEI o ▪ 72)MIME y �\ am STONE MALE. � I��Ea..: � rums Fi�cuxw -!— / P'-\�I ❑ DRR IN=IACI DILLL m MEIN > x L._- T �F-.. -�,+' -.a 1ui u } c yrn x o �• ar _ �Y�_ s YILL aro Yaw r3ariTd a...r =�'FS?i(��rf r',7>VT - PACE ro `= > 'G• r 'Y�., � =ssg ❑ TD TX NM B 4R� ❑ lwatvam I �+�0` !•. � �•>� y WY ND maws--c '5�; ltaR317R _-�sr ♦ T r�. .� x F �� ♦ uavlwr py�. ♦ x` -�� __� ❑ DAM uoN9D pun ❑ "s°-av°"0 9� �� ••• 'P a'r�.s F �:®®N■1 -`--�. Qee=•v o•z� ��i21' '� d mo d'. r - MIL Wang nilElB� ',.T. 47•L4-., -'t®)Iioniza 7 IsH>�Ril� .r;,s,'T - t �� MIL al ram.rc aA,uRv um[` '� .: �� ^'CrT.`! .".•>+','T.-T aRT Au Nr.D F tl0i°,�, a�;1a� .. atN`v`�... • At'' 2. '�R R/ a 0 SHEET NO. 0 .i. 4r $�a�_c -r� marine 9rne u F _tea' • =�i•s'S ('rj,,.. - f LL. i x33 I�" I 02 EAST ELEVATION 01 WEST ELEVATION ° SP6 ' ❑ su¢,I,a•.;.c•T BUILDING I7 • • ra.T,r+c r o BUILDING:7I7q cASa No-zAff U RUM CASs ND:2A90.71 i /// /11 i 1i/fl/'! i i -fj j „w,, —" \ 4" T �. G�\\\�\I\\ i '�k \ \\\ /� 0 • 0 kii i�/i i�l ' T / ' INTERIORS PLANNING _ d \ `\ ` \ \\ \ ) / \ ti105no�r \ .\ \\\\\\\\\1 r 11 \ \ lC,'\ PA[ Pn-TSe-Ieza •-' \`` \ 1 I I I I II _ a 'a ,. ,"\ - \ \ \�l�\\t'•\ _ 1 i 1 \ n� d \ ❑II11 _ .,4 $ - -,71- \, •,\ \\1\`' \\\. 4 / /`' / r.\\ J \ wwn.oCrienerch.com '_,\ I I �;IUl I 1 _�p_*``�� _� "`\ ( 1 I�I/�® / IX /! \\• a \ ❑,. N: ❑ mo Ir. -1`• .� a.r. '' ' ik 1.+lik/•,1 r \ `� . - -.-0_— - - �,/ti�'� , � , i I\ \ ❑ as W� e r:❑ 7 4 i % `\1 .. ,'\` —`�-' C •- .1 ,,.r^,-x :w: I n r 1 I !Elr4 a?+D4 OJ eat p '''''•,.'/AitY --‘\10. / 1 _.------' � :�if . �,�/ .:_� / mow' - .-- � � � w}.J4 '} i 4 •� 4 44 I 1wiJw �z V ;-/' 4�, � _ ® opo �- \', '.I I 4 r 11 ❑ F ❑ '�', , ,, � � , / ,, • \ a{ �1- 4 1 1, 11 �. issue we ti7i I \ `� `31. �A�� i/r ` `\ \ i��,• /,� , \y,�1 ® �i" ,\��`r 4 / \� NO. oscRlPnoN DATE V_ `\ a ///� I / `i `-..1`' * s /�°0 '11A .. itml3tillii--„,......0" \ - - • arerur ay.nA<.im *�/ r `! r"' / la., i n•✓'00 \1 I� � � ��1\l� Hamm ay cur Carswemm � TV y sue, / i_, Y\„, ,— `� �,�.o*araesY , 111-71„ /1/ I // / '� 1..•....,, / P , ‘1, , 7 '„ ..Y„ ` li:Ilkt..‘.:,...-:.r.:.,...1., \\ ra..ar©os Qaa,.�:¢�� / , rrxoxwPROPERnes\ I.1 `;�� • / \ ❑ Ye.TEARY RBYBiSON ❑ \s� . ,I / I ® ') 1 i. _ 8J0 PARNY�IIIANR\:\ `, SIRITI11AIR,TEXAS'Mo92 \ ,„ , - i �/ ❑ TEL len 5za-Isa9 ❑ \\ `\1. ' ! r,t, rm CarC3F ! ,\ .....,.. t-iGY Arr..rY 4pLY PAN:IBIT I80-2420 cRwD+/2 21 99 owCOUT PROPERTY ll ❑ IJNCOIE PROPERTY COYPINY `\, \\\\\ � � i -=:. - •KE�Y9 \. anadw rob0.�A.`...1r YR.R0BERT DOZIER IHI rrr .lIII :,ow Fa000 ANAROST.SURE OOoo er _ ❑ 9AI1A5,TC T525Z ❑ lit y r+�.ter.uu. TEL:I214 T49-0100 ir. i PAY:(2N)077-8008 __ .0, �r� '\ - O'BRIEN 0 ASSOCIATES YR.JACK O'BRIEN Pi `� �-• ❑ Salo HARVEST BILL ED.SURE 12e / VU-..;liTg-.a.'"'-' RANAS,TN.75230 —`--- r — / — _ TEL(912)Tea-10-1010 ❑ FAX:072)720-1050 0 DATE: SIGN® ' '--- ❑ lUB I� non'-- DATE: 12/27/00 SGR E: ❑ SHEET NO. ❑ ❑ C1 ❑ o- r CASE ND: 2A99-113 e CAFE N0: ZA99-121 Pt RIP) 1 hI LI it ! H" 3 1TK,,,, ,,,. „ \\ \ti± \ •\, i/...,, ❑ � .. ❑ ...,.. ,.,......, ID -� i O'BRIEN t4'k4ñH •----_L _—_—_ \ iim+oI it, . \ , ❑ ftUS ❑4'�I \ \\ \ /\ \ � / 5310 HARVEST HEIL ROAD ,II 4 I i\;A� \ \\ ��\ \ ❑ DAILA.TE URE SO75230 ❑ --l�---[ .. ' tJ:F-tla'3, �T�� Il ;\ \\ .., \ \\k ��\ \ \\ ra� I ? 1\ \ / ��I I I -I I I I ti � 1 ?�1 "� 7� / IX N t`\\ ❑.V N z �I ❑ u-u-� I to 0 0 o—Z/ ! (A I— I� -- ,111? _".�h =� \ / W `\`\.` ❑ co a Q dN o O❑ ,�\ 1, siN• \ DC U -- ' I ---, - I `",�Ay_.— Im,,,_ , �(1 \` ❑�"'�E� � ❑ I\ I f 1 ram" \1 ,r' . `, I °J o a. ►� k • ,111• ` eat ❑W W FR IV 10'0W : •c%'z6 : c_95 rj • irly ' �'°1 ' \\ . , �0 ,�. � � t , I ISSUE roc \\ \\\:-...- _ -'' \ �\ No. DESCRIPTION DATE , �� ,aw . �\ \ `\ ;\\ �� 'git .. ,,,,,;-.... WE FUN rEv¢aaD.en e MS ve.rl 1m \ • /� _iic • t ‘.., I T•1V•1 04,3,4 ts I i I ,``, O \ �i/ \"i;i'?q TNT+DBA11 Puoennzs _ r v \ 1? g�? ❑ 9x reeRT nualNsaH ❑ Al. � ti,`;I;• 9O0 PABHYIE9 WE — '/- SDU1111A10:,TEXAS T6092' /� ❑ TEL au 3E0-4589 ❑ Rry PAL(DI7 IDD-2120 pNR a v° e ❑ awt�vAeeucAxr _ ff�` I I \ >' SDu uncoEN eeoee9rr COJIPA7IT`� /L \ ' / moans m.Ia MEW war 5:EOBBHi OOziER. - " - �/ 1 s00 AI(ABD bT.SIIRR 3a0067". /2 Z7- ❑ oAws.Tx Tszm LI • EIStetb�_ TEL(zu)T13amD LI i 1§'�-A. PAL(2l1)DTf-8099 �)111 . - .....< ... ❑ PREPARES ❑ O'BRIEN t ASSOCIATES .ra ' M.JACK O'BRIEN r Al ❑ .(9Tz m-1Osn ❑ `_' DAM SIGNED y ElJ n/: 9802EV. ❑ KAU: 0 SHEET NO. ❑ ❑' r� ❑ CASE ryI90:: ZAgg9-II❑ } [ �} CASE N0: ZA99-I3J • CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-327 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 3, BLOCK 2, GATEWAY PLAZA ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDES 5365'& 5366, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING APPROXIMATELY 1.15 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH LIMITED "C-3" GENERAL COMMERCIAL DISTRICT USES AS DESCRIBED IN ORDINANCE NO. 480-290 TO "S-P-1" DETAILED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES, A RETAIL FABRIC STORE, AND A SIT-DOWN RESTAURANT OPEN NO LATER THAN 2:00 P.M., AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER 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 N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-327.DOC Page 1 ( I 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 "S-P-2" Generalized Site Plan District with limited "C-3" General Commercial District uses as described in Ordinance No. 480-290 under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street • parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING1480-327.DOC Page 2 • 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. N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-327.DOC Page 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Lot 3, Block 2, Gateway Plaza Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 5365 & 5366, Plat Records, Tarrant County, Texas, and being approximately 1.15 acres, and more fully and completely described in Exhibit "A" from "S-P-2" Generalized Site Plan District with limited "C-3" General Commercial District uses as described in Ordinance No. 480-290 to "S-P-1" Detailed Site Plan District with "0-1" Office District uses, a retail fabric store, and a sit-down restaurant open no later than 2:00 p.m. as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B", and subject to the specific conditions established in the motion of the City Council and attached hereto and incorporated herein as Exhibit"C." 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 N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-327.DOC Page 4 7E-IS 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 N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING1480-327.DOC Page 5 jq of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-327.DOC Page 6 i 1EJo > • 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 , 2000. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2000. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-327.DOC Page 7 7 -�( EXHIBIT "A" Lot 3, Block 2, Gateway Plaza Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 5365 & 5366, Plat Records, Tarrant County, Texas, and being approximately 1.15 acres. N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-327.DOC Page 8 , , ,1 m n O ----- a ■ • L 1_— ■ run __ ■ �� z SITE DATA SUMMARY CHART SHE DATA SUMMARY CHART 211E.•e. COMA. POMPOM 1. 0 u. m w "�" vx�"` :-1 BLOCK 7.LOT 1-2 BLOCK 7.LOT 7 ..e. ,,,,,a w•....wa• r.n _ ...� '•••fir,_.� ".y'7�„ ❑ ❑ ' .-.. . w . .. _® LOT 1 xn an•a x:• • . . • . . w— "..: J:',` •.' m w. :L. -._ a... .LOT 2 x r ;T ❑ IMIX ❑ rn _-- .BE • • 2.=. °O'BRIEN° b -- _ a ASSOCIATES __m a -- —• w • -- snowy aux,_ema••,a•r • vINy MAP ^ _ teortt,..t . •• . - • - ❑ 0l n,i o 0=2 •abase TLtTI u'�'•i1 .4M............................. eu° °y l r.tm c114 SI1 •ur a ... ." .'" � •••.e•i.wmrmm. `µ.• a g moun 2 me .aa•.w, I ronaaY.mm I - .. ... -.... . ,... 1 ..-.w:: .L":4!"` ❑tl••.Z 5 ❑ 64 Z -.1 c2. j ! 4 !i! 1! II1111.y4 '•' - "q.. °. �; '''— u ' .', _ . - _,•afi;'i x I.11 ilj;1U!: B-. .tea 1tt • ,' \ i. �wpW {DU tb _ s _—_—_—_ 3 or.15R�OL '�. .a..c _,� f" ❑Orin H... E J • , , NO o "'ne• - eA'ie• " m.r • 6y - " , _ii.l_._.i.__ UL'_I_' J_11.,._ y� LL ,1••i. — o q ►�•1 :,,xel-;,� '+',,,go.:,_,,,. •Ofi c'°• p):i'"-29 ' e.. 4,�21@� 1 '•1,• �,i ❑n <O Z<•zi❑ F4 r�� ,-lti i 'i ?f'( 'ni l P+� r n/_Y crH. ��es.+: ...; ....j " ~v y W o yw p td -i '2na' _r, ,. ,y r v.�F+-YG •c7• � ". Zii • - ❑ra z3- U a❑ (� ■ j d � -,'r• =•: �,..c'e'-�!!►!s- --'.p, isr ', i'j, 'e. Hoar ._`i �` 1-3 etaw ` - \\ L10U6IAO "` - '; :;.;-�-, •, � ! , .• •�.I,N.• m,rtd w a rL t C>7� bwr tr1 _' •l\,^ ae:.:•,,. r� � J� '•'1♦�° _ ,\ .�;; iy�',Y• ''-�'•' • '4 •r•'fioi. :Y' , ,`r 'v'� �: / .�....a..�e.•.xw k8 0�;,d•, T•',1 \�*s' 1 — ! fir• A, .+.L �1 / !a visi j ./.,..et 1 aelar 1. A a,`"!:' r• % Fel r�' ,. ` P.1 /a..l •nl yy 1/ s(y A .�fE 1. u!t ` 4itY aw Ire• 'f i _-'li i �::' 3.;i,. pia.''y'.r: e 9 '•�,'••`: •a ": L aorta!:;!., `+ .� ��c '--'.� '/p i,�'. r � _ _ _,,.' .:- f .9_Jam- 4-9--. 'TS:1, 01, - CW,y:: w'R� \ nlutnn LAM ': Tin' '1yl TEL f”MO.u 711111 I ; _ • t«i.TT«'r ��nv, �rw'`' ° u!qMmCC21tha�m eLym t- 1 4�' L! T Y.. '' (•�'�••[Nd yp .h ' • INe,LN MOM.,COWAN/ ' I. !' 1 ': -11'i 1 4 ",11 �k.: a l�•., v (,�• '�" _ c,rs•,iuM IN AGMl lOatit•SIM oP1`lE W .13 J a , r '•`a' Irao,`.,,[ W ° dgNlli ❑ �;�.:..l�q. W NY°. Jj § ut.ne� r.p1 'r,iaroe:a Nzan RIM O I LN..a_ 1 C '�6xu:e. 1=�...N. ,'9e• r` tun muen IJ ••�yl n,umu Dane E,.. .•, a • •c• .._.- ._.. g C ru.tmmsus \ .er a•1 uu"'c:,,�!•'w, W A�, �\ - U pj ❑ ❑ 1( al1 11/ nYYULLA%IIMY • mniammaia %aura,.. 4�• ' DATE. .+i t� _. x:(t1 * _._.�. , E 0 00 50 MO \ w,r. eu '& f {` rue �4 ., ." + 1 ❑ SHEET NO. ❑ '' _' 0� .a :O/IA: tp,:m'cp~ a \ i '�"' � ... SPA 0 ■ ■ e ■ ■ ■ l PE:MI EXHIBIT "C" This page reserved for the approved City Council motion. N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-327.DOC Page 10 City of Southlake, Texas STAFF REPORT February 11, 2000 CASE NO: ZA 99-124 PROJECT: Ordinance No.480-329/Second Reading/Rezoning and Site Plan - Radiology Associates of Tarrant County STAFF CONTACT: Karen Gandy, Interim Planning Director, 481-5581, ext. 743 Dennis Killough, Senior Planner, 481-5581, ext. 787 Attached is a letter from the applicant requesting to table this item to the March 7, 2000, City Council meeting. • '7F- I Karen Gandy y From: Hale, Mike [md.hale@baylordallas.edu] Sent: Thursday, February 10, 2000 10:49 AM o: 'kgandy@cityofsouthlake.com' . ,ubject: Tarrant Co Radiology Assoc Please table the above referenced presentation at the 12/15/00 city council meeting to the 3/7/00 council meeting. Both Lynn Elliott (Rad Assoc) and Terry Wilkinson concur with this decision. Please let me know the submittal schedule to review changes and submit to council.Thank you .Mike Hale RECD F E B 10 2000 1 T ] City of Southlake, Texas STAFF REPORT February 11, 2000 CASE NO: ZA 99-128 PROJECT: Ordinance No.480-328/Second Reading/Rezoning and Site Plan - Countryside Bible Church STAFF CONTACT: Karen Gandy, Interim Planning Director, 481-5581, ext. 743 Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Rezoning on property legally described as Lot 2, Block A, Ravenaux Village, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-213, Page 31, Plat Records, Tarrant County, Texas; a portion of Lot 2R2, Block B, Ravenaux Village, an addition to the City of Southlake, Tarrant Country, Texas, according to the plat recorded in Cabinet A, Slide 2120, Plat Records, Tarrant County, Texas; Tracts 6G2 and 6H situated in the Thomas M. Hood Survey, Abstract No. 706; a portion of Countryside Court right-of-way; and being approximately 13.791 acres. A Site Plan for Countryside Bible Church will be considered with this request. PURPOSE: The church is adding additional land to their existing site which does not have appropriate zoning, and is proposing future additions to the site. Appropriate Zoning and Site Plan approval is required prior to issuance of a building permit. LOCATION: On Countryside Court approximately 560'west of North White Chapel Boulevard. OWNERS: Countryside Bible Church, Integrity Development, Inc., and Oliver Billingsley APPLICANT: Countryside Bible Church CURRENT ZONING: "AG" Agricultural District, "CS"Community Service District and "S- • P-2" Generalized Site Plan District with "CS" Community Service District uses REQUESTED ZONING: "CS" Community Service District AMENDED ZONING REQUEST: "S-P-1" Detailed Site Plan District with "CS" Community Service District uses (see applicant's attached letter) 1 7 City of Southlake, Texas LAND USE CATEGORY: Public/Semi-Public; Office Commercial; and Retail Commercial NO.NOTICES SENT: Seventeen (17) RESPONSES: Eight (8) responses were received from inside the 200' notification area: • K. Wayne Lee, 3220 W Southlake Boulevard C, Southlake, TX in favor. (Received January 12, 2000.) • Catherine Karas, 385 Ravenaux Drive, Southlake, TX undecided, "Would prefer a split-rail fence instead of an 8 ft. fence. How is the drainage issue being addressed? How is the hammerhead area going to be finished so traffic doesn't cut through the neighborhood?" (Received January 14, 2000.) • Michael G. Dunn, Administrator Countryside Bible Church, 250 Countryside Court, Southlake, TX in favor, "We desire to consolidate all of our land into one lot and use our land to expand our facilities to accommodate the growing number of people attending our services." (Received January 14, 2000.) • Gary and Elizabeth Fawks, 330 Ravenaux Drive, Southlake, TX in favor. See attached letter. (Received January 20, 2000.) • John H. Larson, 335 Ravenaux, Southlake, TX in favor. See attached letter. (Received January 20, 2000.) • James Hacek, Board of Director, Treasurer, Integrity Development, Inc. 700 Gateshead Court, Southlake, TX Southlake, TX in favor. (Received January 20, 2000.) • W. L. Oliver, 1515 Ravenaux Court, Southlake, TX undecided. See attached letter. (Received January 20, 2000.) • Ruth Petersen, Business Manager, Edwin L. Cole Ministries, 251 Countryside Court, Southlake, TX in favor, "Asset to the neighborhood." (Received January 26, 2000.) P&Z ACTION: January 20, 2000; Approved (6-0-1) subject to Site Plan Review Summary No. 3, dated January 14, 2000, accepting the applicant's request to amend his zoning request to "S-P-1" Detailed Site Plan • District with"CS"Community Service District uses and deferring the 8' screening requirement until Phase II. COUNCIL ACTION: February 1, 2000; Approved (7-0) First Reading on consent subject to Site Plan Review Summary No: 3, dated January 28, 2000, and subject to P&Z's motion but modifying the timing and type of screening on the west as follows: `1C�-Z City of Southlake, Texas • accepting a rail fence in lieu of the 8-foot screening requirement for the properties north of Ravenaux Drive and the hammerhead turnaround area; • reserving the right to require additional screening if a new concept plan is filed which places buildings closer to the residential property line; • requiring the fence and required bufferyard be constructed concurrently with the hammerhead("fire truck")turnaround; and • deferring the screening on the properties South of Ravenaux Drive until Phase 2 construction. STAFF COMMENTS: Attached is Revised Site Plan Review Summary No. 3, dated January 28, 2000. N:\Community Development\WP-FILES\MEMO\99CASES\99-128ZS.doc 763 • Gary& Elizabeth Fawks • 330 Ravenaux Drive Southlake, Texas 76092 817-424-1999 . Karen Gandy Zoning Administrator City of Southlake January 20,2000 Ms. Gandy, We are writing in support of the rezoning and concept plan for Countryside Bible Church with the comments below.We have met with the church and reviewed their plans and believe that we all agree on the following: 1. The ordinance requires and the concept plan shows an eight foot fence or dense evergreen planting along the residential property line.We would support waving that requirement and allowing instead a more open fence such as a split rail fence.. 2. We are very concerned that the plantings and fence structure around the turnaround to be constructed at the end of Ravenaux be substantial enough to prevent vehicular traffic from';jumping the curb"to access the parking lot and eventually SH 114. 3. Lighting-we have discussed with the church our concern that the parking lot lighting be as directional as possible to minimize the impact and spill over on the residential properties.Additionally we have requested that the parking lot lights on the new lots closest to the residential property lines be on a • timer to turn off at 9 or 10 p.m.The church indicated to us that they do not typically have evening programs and as such this should not present a hardship to them.We have also requested that the lights on the parking lot adjacent to the residential property line be as"state of the art"as possible,so as to further mitigate the lighting impact on the adjacent property. We have found the church to be a good neighbor,we are pleased with the plan they have presented and look forward to their continued growth. Sincerely, Gary Fawks REC'D JAN 2 0 2000 • 3AI. 20. 2000 12:37P11 N0. 2769 P. 2 335 Ravenaux Southlake,TX 76092 January 20,2000 Planning&Zoning City of Southlake 667 North Carroll Avenue Southlake, TX 76092 RE: ZA99-128,Countryside Bible Church Dear Sirs: My property is adjacent to the subject lot,being located on the west boundary and south of Ravenaux Drive. If approved,my property will have more linear footage adjacent to the Church's property than any other SF-lA lot in the neighborhood. I am in favor of the request;however,there are several concerns I wish to bring to the P&Z's ' attention. In the notice that was sent,there was a paragraph referencing S-P-1 zoning with 0-1 and C.2 uses. Dennis Killough of the P&Z staff informed me that this paragraph was a clerical error and that the zoning request is only for CS. So my comments are predicated on that correction. The proposed plan includes the addition of a hammerhead turn at the end of Ravenaux Drive. This corrects a deficiency in the City's streets and is a welcome addition. Currently,traffic frequently uses my private driveway to turn around and the larger vehicles sometimes leave tracks on my lawn. I look forward to the addition of the hammerhead in Phase I of the Church's construction. In a January 17th SPIN meeting for this site plan,we discussed the addition of tall plantings on, the east side of the hammerhead to screen the view of the proposed parking lot from Ravenaux. Also discussed was fencing around the hammerhead to prevent traffic from jumping from the dead end to the parking lot as a means of accessing highway 114. As long as the traffic and screening issues are adequately addressed by the Church,I am amenable to any combination of fencing and plantings they wish to install. These should be done in Phase I of the construction. The SPIN meeting also discussed having the parking lot lighting be highly directional lighting that points downward onto the parking areas so that adjacent residential lots are not lit. Also discussed were the use of timers to reduce the times the lights are on,especially in the areas of • parking near residential lots. If both of these measures are undertaken,that is acceptable. Initially,I was concerned with drainage coming from the parking lot areas on the south west corner of the site plan. After a conversation with Angela Turner of the City Engineering Staff, my only concern is that the City drainage requirements be strictly enforced and completed,in Phase I of the development. /42 DJ N 202000 145 JAN, 20. 2000 12:37PM NO. 2769 P. 3: There are two requirements,the buffer yard on the west boundary and the fencing requirement, that concern me. The site plan requirements include a 10 foot class C buffer yard. Also there is a requirement to have an 8 foot fence or dense planting to screen the CS site from residential. The rules are that these have to be put in place with Phase I of the Church's construction.. The Church has a debt free policy,so the construction is expected to take place in two phases. The parking area on the south west corner is expected not to be completed until Phase IL My concern stems from the fact that my east property line is an old fence line that has a considerable stand of trees on or adjacent to it. These provide adequate screening for Phase I of construction. Also,they help to hold a berm in place that diverts drainage from the site towards Ravenaux Drive where it enters existing storm sewers. To impact these existing trees and brush during Phase I of construction could adversely impact my property. It would also provide unnecessary screening as Phase II would not yet be built. I believe the best course of action is to defer the buffer yard and fencing requirements for the west property line from Ravenaux Drive south until Phase II of construction. At that time,the effectiveness of the drainage plan put in place during Phase I can be determined. Looking towards the future,either a future owner or myself may decide to one day thin out the brush or trees along that property line,so the fencing and buffer yard may still be needed. However,at the present time,deferring these requirements to Phase II allows the Church to defer the cost of what will be unnecessary screening and fencing for facilities not yet built. In closing,I am in favor of the proposed site plan as the development will enhance the neighborhood. Deferral of the buffer yard and fencing requirements until Phase II is desirable. Sincerely, John H.Larson • • . . • . . . . eel-bb • . . i . 0 l s_2>—,15z i 1 / . . soo-02-, z4-ci IV-pm f . 49-,./41-02,2-Ls-0 r) ...,A1 C1/1 .4 1' 1'2 Al . . :i,i-ancfri12/1 q ---, -,?-,2 -)TV -,2„tv p-1114 rv7 :3-27 --). e 1)-7 • ./ leil : . , 7,-.7-..., • r.-a;n 1.) ";.)1 cl -,i) }-•:9 "2-1 0!! I r'-j-, / il • ..-- .• r... . ...,, . :. . . , . )7:17 1e-p,1 7-1 1-kf).2C1-- -Ill' -1r7-P13- -11-->412 , • . • .- . ..•• • _ • . .• . •• . . . . . . . : . .. .: . . . . . . . . -11 0 t4-1,1 - • v-Iti. ))1.!'") to) 4, veli .)...„71voie,koi -r2.4._. ic: "32.,imi )1,,, .. . . . . . . .. .. . . I 4 L4A i ...„0.7 i --rivr., -7-2,0.)vp ---ff. --r,:r-Ic);1-r-I-. :11); 77/ /, , 1 IT i,),-.4 , "•1 '71 •)P'-'1 ......L— . -107)4111 1 •--1`id "'-')-t 1- i -9 r 7--,1„iv, 4 a , • -37)-21 "/ .'7'-'42 -' r*-'1-2 , .. . '41 / - _ -.) . . . . oro ..).,./ 0)... -frk-- 0iy a) r..r74.)2-)...2c1 1 729-n0'7 -79-1, --,..7 -y:, IV 0 • .7 ,/ --'/ 11-,,, 'IA-2 r) F i 74%E'l Al 4)Yv") ...4 () ' .v0779- —2714 „Arror4 --'27) ' 1 . if))49-rd.-17.vy-99 Ao --?---?1,/,-; p, Gs ./ ,r27-7 , I , /) ... . . ... . , ..,. . . . .• ..... , . , - • .. - . . • - di is, „...--,r r-•AA al 92 — '' . ' -1--/4"j' . ,. .. . • .. , . . /- . . . . . -I fr-- ,) ,11-.2 Svyv?-9•Ie7 4 , „.., • . I) ;,1)-.1erv9 ....:_r- • I, 0 / /21 S-111 / tY w° -' )-,/(''', "-7 md -v ,11 gg . . .....,e 7 ,7t)714 Y 17,,C9-17 V 2), -2711 0-, • "IV i ;117-1?711 ill t?'2 .-/r774 ITO 1)--1714-1 L'1 --•--V, Jo „A7..4 0-) I 1Y1N -71' c-r v 1-1,7 7 ilf,) 27://e 0/ I ' Th-7-1 -11--v -47.,41.7 rs,:7DV) X')':,,,,,,,y ,..,1 --)(0 7 --7- . . . . . . . • 1. I City of Southlake, Texas Tract Map • ZA99-128 i I 0 \\ I_DOvt L J_II i 1L11 [ I IC__ DOVE --ki --- T-- _ J-_____\\,\ — II I , .., Li- -- , \ ) \\\, ::-..).. \ \ - -----t .- --a 1...):::_k-r/S,06,)_____i_. .,144---- -- 8/-/..77, -J://_: 1 �� --, �pUN R�51D / 1 — C {._ : ,_ _- E 1 0 TAN -— L__-_-_--___-----=HIGH_LAND ___= _= W --- cia - r.TTLT ;-_ ------- ''.- ------ -=----7-r,_.:2.111611ii. 71:;:-.4-i _ I........ . 1ZTh- I\-. �- T , r °- 1 ' / _/1/ J. WIL L i EtZ bili - 1 @ a- l i LA_K 0.5 0 0.5 1 Miles N \ /- W E S City of Southlake, Texas Surrounding Property Owners ZA99-128 r -WINIIIIIIIIIW .NigiNI , A1HHLIgilp 6, ' . IF.. 441111141 lark im4Ailk- �:� 1114: „,.., 13 i 1 • -YS$ r. 11 10 , L__ Ell - --, r „IG, . . ,r I Property Owners Zoning Land Use Designation 1. S.Taylor 1. "SF-20A" 1. Medium Density Residential 2. A.Adamcik 2. "SF-20A" 2. Medium Density Residential 3. City of Southlake 3. "AG" 3. Office Commercial 4. State of Texas 4. "AG" 4. Retail Commercial 5. State of Texas 5. "AG" 5. Retail Commercial 6. D/FW-White Chapel Road Ltd. 6. "AG" 6. Retail Commercial 7. L.Wayne 7. "C-1" 7. Retail Commercial 8. L.Wayne 8. "0-1" 8. Office Commercial 9. Edwin L.Cole Ministries 9. "S-P-1" 9. Office Commercial 10. Integrity Development Inc.,etal. 10. "S-P-2" 10. Office Commercial 11. S.Richardson 11. "SF-1A" 11. Low Density Residential 12. M. Stevens 12. "SF-1A" 12. Low Density Residential 13. B.Passmore 13. "SF-1A" 13. Low Density Residential 14. D.Karas 14. "SF-1A" 14. Low Density Residential 15. J.Larson 15. "SF-1A" 15. Low Density Residential 16. G.Fawks 16. "SF-IA" 16. Low Density Residential 17. L.Oliver 17. "SF-1A" 17. Low Density Residential 18. V.Tucker 18. "SF-1A" 18. Low Density Residentail \\SLKSV4001\Local\Community Development\WP-FILES\NOTICE\99Exhibits\99128ZSP.doc 6 f23„ TRACT 6F ZONED AG ZONED AG GEORGE B.TILLERY JR.EST. S 88.21'48'E 482.37' LUD.:MIXED USE TRACT 6G2 r 15'090pIAGE/UTIUTY ESMNT. PARGAS OF GRAPENNE.INC. LU.D.:LOW DEN.RES. I ____; LUA.:MIXED USE v. ZONED SFl-A 6h N. 43 ZONED AG LOT 10/BLK.A sI /� / ''\I I N PARCAS As- TRACT lOF GRAPEVINE INC. A.JOHSTON • I / 0 /EXISYC.TREES O \ I n INC. RAVENAUX PLACE.VOL 388-217 I / r �y'I�•. SU.9;MUD USE 'q P.75.P.R.T.C.T. y I U /`� RI5'E on¢ / 133'-0'Ot NEW PANT .�// T 23f.6Y .f BALL FIELD / / I EDGE OF EEX.rG"A jL LANDSCAPE BUFFER 10 I IL tl I { .'7 I I i �1��,111' N PER 100 L.F. I I DOS C POLE W O N O 3 CANOPY TREES 1 ry I I bh cf yS�6RRMC E UNDER ROUN. 0 O 4 ACCENT TREES 1 I I I `O '• / TO XERENk. up s— �_ 12 SHRUBS ;I 11 ID 442' 1 I/ // / \ I♦ W_jILO O1 •II w RESRING ry 1 (UERC OUND.----- 657---- -------- MN O} TO -- WNI VO 388-217 P.75,P.R.T,C.T. i 1 — in l 1 901 III / -- 7F-1((( 1 1 W QQ Q�i lli 1 • I -J-Ir—f IO:XFRMR' L--L MI . EXISYG.TREES Q =..TJ 1 4'_p�' k N'.IER I SITE: J L—i i� • PRO.OSEO BLOC.1/1 —----- J O .o SINGLE STORY 1 3 —t COUNTRYSIDE BIBLE d'W Z - W/APPROX.4500 pp :Mug -- O ❑ ® 0 SOUTHLAKE § co 0 O ''j - ; '^ S0. T.FLOOR AREA I R EXISTING BUILDING 1 3 1 1 1 2 STORIES CITY HALL 1� W I 1 I W/APPROI 19000 m= I NEW SEPIC SYSTEM I j I ' SO.F.FLOOR AREA RAVENAU%DR. TO MEET AU_STATEII }3 I..oq mn.uN _1, __ �' NORTH I @LOCAL CODES 1 ,_ I IM VICINITY MAP 1i!t LU.D.:Low DEN.RES. tL_ i \. / Ar., •; BASKETBALL UCTJ & I N qq R25•-OY' tII r Q1 In Cl OUTCIOOR STRUC RE Ii1 ❑NEW GAS uETER ,'�111I �71/4'S LB CAS UN I1 ; I1 = O O LONE STAR GAS �1LG 1G G _.___- i' 1 —'j/' MI a UW OPAT CRIGCS \ \-- t 1 FI•L1�"` I —F r 817-2E15-9615 '" W— I \ 40'-0' PROPOSED SLOG.M2 1 1 1 A F-J a'U)O �--11 y � sINo1.E stoat iL 1 �,�-----� N Z m Q Q DO '�3 1\ o W/ PPROX.a5/o,0 1 it _ - ) . X in /-\ -' \ y'_0 '^ S0.�T.FLOOR AREA i `��-�fi58-__ 'i/WA INTO UNE STINT= U m D F-� LA -11 ..T 1 �^INE —Vy VER1' LOCATION R.24580,l=214.80' 1OI \ --11 1 I + 657'NEW'WATER UNE ON 9 -I LU.D.: MIXED USE J W Q Q 1;ca N 65 Oa'JO'W 208.0' 11 \ •I 1 I I` FOR COMESTIC \ _: ZONED AG a Q Z W N O1 I 1 I \ �' TRACT IIJ a I .I Y \ 1 I 11 • \ = OFW/YMITE CHAPEL ROAD,LTD < >Q \ 1 1 EXISTING --656-- ----------------.\--- ---II. ��Q J .. LU.D,:LOW DEN.RES. \ I FL\T'Ql0UN0 \0 I WZaF-Z ZONED SE1-A \ I 1 `\ \ L Z Q O O O LOT 9/BLK.8 \ I RAVENAUX PLACE I 1 / -� 15'DRAINAGE/MD.1TV COUNT. pp 1_.. ...i...U�� Oto O= \ 1 1 ExISYG.TREES - O U N(n a \ 1 \/ 1 \ 0 v MAR 11 1996 I \; r , I 1 \ ---- ----E%ISYC fi'WATER \ \ ."y, \ ZONED a L V n\ \ t. \I LOT 1/BLK.A l_.7LU V i3 ut \ 4 �P \ N K.WAYNE LEE >r w�- \ RAVENAUX VILLAGE ' ( }Ci Fy 11`�B\ LOT 2/BLK.A \ pP ' \\ 1, VOL 388-213,'P.31,P.R T.C.T. 1 l;' 8 o f11 • T- %\ EXISTING: ZONED CS f \ n 2 \ .�•+, LU.D.: MIXED USE W Q$2.1 • PROPOSED:NO CHANGE p LU,D.:MIXED USE �• 2c\ \ !/. E%ISYG.L.V.O.: CHURCH !O ._, \ es m O `Z"�\ PROPOSED LU.D.: PUBLIC/SEMI-PUBLIC \ N^\ woiJEo ZONED SP 2(480-43)' > '44.\ .. L• \\ �o �m <^ LINE IE0'D IWO,'®' — LOT 2R2/BLK.B RAVENAUX VILLAGE `l \ ------------'---_. 7 % (f �� VW NORTH 482.37' 40NE �m CABINET A.SLIDE 2120,P.R.T.C.T. �9' \ - \ �o p\\ m. Ox • NOT 23I. NONE \\ \ 1 \\ EASEMENT Et+ \'� o:��_�' -a \ 7'-6'UDL&DRAINAGE �� NORTH 2Jf.fi2' NONE EAST 411.27' NONE \ \ \\ pµDP oCo�� EAST 2E10.59' NONE \ 3N.00 _ SOUTH 110.0' NONE SOILS INFORMATION BY ALPHA TESTING \ VAULVE ,` O . dw� SOUTH 325.72' NONE REPORT NO.95418 DATED 8-2-95 \ \ \ / \\ P�� Cow• gg3�w SOUTH 373.99' NONE \ • J\ I I^ O r SOUTH 214.80' NONE \I `�� WEST 404.79' l0-C 10.-c 12 1fi OR .� ��\ i �.H \\D�"°a 'RP, / (.. �ms3 R=252.J5, L=J252' ` --——— / ><c=N 76 58'36' 309.57 . As ' A SITE PLAN \ .• - �`. / SHEET NO, \: PROPOSED STREET EXTENSION , 'v-, SCALE:1'�w'-O" OF PER APPROVED SITE PLAN FOR CUD,: MIXED USE lb '1 :LK.B,RAVE . ZONED SP.1 9180-I ) 6 NORTH L1i-O'L- 5 OT 2R1/OLK.B AVENAUX VILL. 'CASE N0.2A 98-19' C : I. 2Ci_P.R.T C.T. • PREVIOUSLY APPROVED CONCEPT PLAN 04/08/1994 10:48 8174216623 COUNTRYSIDE BIBLE CH PAGE 01 Fax Transmission No. of pages incl. this one: To: Dennis Killough - Senior Planner Fax number: 817-488-9370 Voice: cc: From: Mike Dunn Date: Tuesday, January 25, 2000 If you do not receive all pages, please contact: Countryside Bible Church' 250 Countryside Court Southlake, TX 76092 /421-6623 Subject: - Special Instructions: Dear Dennis, In order to give us more flexibility with the City code requirements for buffer yards on our property I am requesting that our property be re-zoned as S-P-1 (Generalized Site Plan District) with CS (Community Service District) uses. Specifically, we would like to delay the 8'screening requirement along the west boundary of our property south of Ravenaux, until Phase II of our proposed site plan. Furthermore, neither the church nor our neighbors are in favor of any type of solid wooden fence but would prefer a wooden-rail fence to block vehicle traffic between Ravenaux Place and our church.property. In the Lord's Service, Mike Dunn, Countryside Bible Church . 04/01/1994 06:14 8174216623 COUNTRYSIDE BIBLE CH PAGE 01 Fax Transmission No. of pages incl. this one: To: Dennis Killough - Senior Planner Fax number: 817-488-9370 Voice: cc: From: Mike Dunn Date: Tuesday, January 18, 2000 If you do not receive all pages, please contact: Countryside Bible Church /817-421-6623 Subject: Schedule of Services Special Instructions: Dear Dennis, When we talked last week,you mentioned that the City needed a list of our weekly schedule to aid in the site plan approval process. Here is our weekly schedule. Sunday Moming Services 9:00 AM- 10:15 AM 10:30 AM- 11:45 AM Sunday Evening Services 6:00 PM-7.30 PM Tuesday Night Bible Studies 7:00 PM-9:00 PM Wednesday Night Bible Studies 7:00 PM-9:00 PM Thursday Morning Bible Study 9:00 AM- 11:30 AM Thursday Evening Bible Study 7:00 PM-9:00 PM If you need further information from us,please let me know. Mike Dunn,Administrator Countryside Bible Church REM N , 8 2000 City of Southlake, Texas SITE PLAN REVIEW SUMMARY Case No.: ZA 99-128 Revised Review No: Three Date of Review: 1/28/00 Project Name: Zoning and Site Plan - Countryside Bible Church, Lot 2R, Block A, Ravenaux Village APPLICANT: ARCHITECT: Countryside Bible Church Loose Architects 250 Countryside Court 201 E. Abram, Suite 720 Southlake, TX 76092 Arlington, TX 76010 Phone: (817) 488-5381 Phone: (817) 277-1740 Fax: (817) 421-6623 Attn: Mike Dunn Fax: (817) 277-1777 Attn: Jenny Shoning CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/10/00 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT DENNIS KILLOUGH AT(817)481-5581,EXT. 787. General Development Standards Applies Comments Corridor Overlay Regulations Y Complies Residential Adjacency Y Complies Building Articulation Y Complies Masonry Standards Y Complies Impervious Coverage Y Complies Bufferyards Y Complies Interior Landscape Y Complies Driveways Y Complies Lighting Y Indicated to Comply * The original requested zoning change for this property was "CS" Community Service District. The applicant has amended their request to "S-P-1"Detailed Site Plan District, with"CS" Community Service District Uses. 1. Provide a grading plan which shows existing grades and the proposed finished grade of the site, with contour intervals not exceeding two (2) feet. Spot elevations must be shown at all critical points, including but not limited to edges of pavement, curb returns, building corners, drainage paths, etc. Include directional flow arrows in all flow lines, and label all existing drainage structures labeled with size,type and flow line elevation. Also show centerline of any water courses and existing drainage easements. Plan must meet the requirements of Public Works Department. Note the benchmark used for the topographical information. This should correspond to a City approved benchmark. 1 16-13 City of Southlake, Texas • 2. 8' solid screening (solid fence or dense evergreen plant material) is required along the entire west property line. (P & ZAction, 1/20/00: Defer until Phase Two Construction) P&ZAction, January 20, 2000:Approved(6-0-1) subject to Site Plan Review Summary No. 3, dated January 14, 2000, accepting the applicant's request to amend his zoning request to "S-P-1" Detailed Site Plan District with "CS" Community Service District uses and deferring the 8'screening requirement until Phase II. * Although the traffic thresholds for this site exceed the minimum criteria, which would require a full traffic impact analysis, the City Engineer has waived the requirement. * Existing pavement/parking along the east encroach the adjacent lot and required 5' type 'A' bufferyard required along the east. The plan has noted that this is to be removed. * The proposed site does not exceed the maximum permitted impervious coverage area percentage of 65% for the "CS" Zoning District. The impervious coverage area percentage of this is approximately 53% at final build out. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * All new buildings or additions to existing buildings which would result in a floor area over 6000 sf must have automatic fire sprinkler systems meeting the requirements of the Fire Department. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water& Sewer Impact and Tap Fees, and related Permit Fees. * Buildings which do not have elevation plans and improvements not shown will require approval of a revised site plan prior to issuance of a building permit. • Denotes Informational Comment cc: Mike Dunn, Countryside Bible Church; Loose Architects; John Levitt,VIA FAX N:\Community Development\WP-FILES\REV\99\99128ZSP3R.doc 2 r1 -i1.1 • City of Southlake, Texas Case No. 99-128 Review No. One Dated: 12—9 - 99 Number of Pages: 1 Project Name: Countryside Bible Church(Rezoning/Site Plan) Contact: Keith Martin, Landscape Administrator Phone: (817) 481-5581, x 848 Fax: (817) 421-2175 The following comments are based on the review of plans received on 11 - 29 - 99 . Comments designated with a (#) symbol may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z or City Council. It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. LANDSCAPE COMMENTS: * New construction greater in size than 30% of the existing building or greater than 5,000 square feet shall require compliance with the Landscape Ordinance 544-A as it applies to the entire square footage of the existing building and proposed addition. * The interior landscaping may be broken down in phases as shown on the Site Plan but a separate chart must be included showing the entire required and provided interior landscaping for the entire development. SUMMARY CHART-INTERIOR LANDSCAPE Ground Landscape %of Area in Canopy Accent Shrubs Cover(Sq. Seasonal Area Front or Side Trees Trees Ft.) Color Required: 20,290 75% 41 81 507 3,044 406 Provided:1 23,451 75% 40 80 490 2,931 392 *Note any credits used in calculations: a. Other Comments: 1. Total amounts provided as calculated from chart on submitted Site Plan. • TREE PRESERVATION COMMENTS: * As far as I can determine only one (1)protected trees will be removed for the construction of the Worship Building. It's location is not shown on the Site Plan. BUILDING (INSPECTIONS ILEUM • law vROPOSEo s,Ruc,uREs -,^,'Tosr PNNW° I= MI ASPvxt MIA. �, W .9¢,\ ® Ensr smucnwEs TTITPROPOSLO P.vvonMwc ® p,::,,°q Pe•^'^.06�0",�. X .....nv.aea L.D. F—'"� RVERIOR uRxevE d°"iq Cs`yx°0IFc "4 o ® vROPOSEo rE os elf. tl , ,,...P �\ 'w,o. ,o.a®„d 0.nroRun nR.°2UP, `�eaw..... —_PRawsm MI* .. i mamaRm.. ,.mmmcmtM,A.,,�,.._.�Rm I te�, ; ,�.... .'J ..a.v .ar.o ..r.- m.r/SC.000 w°0 AM wwl "w,a.,wr u`c•o-....4' � �• k 1 1 ��\\ \� P.1 ua . ..sum mrc.l Pass T. T+ :K a'�. n wP.l•°r1° sOOn. a O es a - - n e svm.c aa.e M IV ' i•. ��. yy};�,„" ♦ y• S,hM.•t�:•h •t't.f;a,.A s7• �.•� D* f�,�i A(1 _ ..1,;:i ' '.,), L. h l'''.'V-: �• ��{� P.j� � 1 6^®'oYv mmo sa . 34 x w '1 �( •` _'•s fie.Jla;� 1;ITy{y"lllyG� ig migkr1 7 .. Yr.S.: i�� 414k.,, aww.r cwrt mil a. iI t${$a : t M „'' i I T'F\i` y� �d a 4 i i 4 1 F t wi »m,.-•1 a .....3 3'f°.°.I£y3" ww A �' Y �"• -_ �� ....w• COUNTRYSIDE BIBLE CHURCH ma. . 73 ,a I1f%.l1@!!!gzlig 1 I 'rs ;� as P �'- rr� rr' �' '? ,4 L 1`R' PROPOSED LOT 2R, BLOCK A x°O ma Ts• r a° ` 1 NI i'1/ I P..O° ]s." »: e, ,o, Saw if, w sa �.ANL �� IN_ r�� m a...,.wNM .a.a. � �� ..:.•-r =. 1^- �,, yk,,„ V i8'i+.l+Ø7r4j r7'al b i t ,nr ioxcb cP ,3mw ._ y iirsp,aw,w: _R � - ' t •t N" v `e. -E £i�.t,2 RI - r -._ --- ...� ;Ell %• s ; tgc Irt _�x� --_ 98 a?'"1'pi:Kne e,..-e Ira....,. �,:'. 67 � 1-S .,' w r r".Ja.•nA___ti{.'n910.49900.49.' 19 I t+..»s.— a� �r. /// 4/ ///O l )•:. w ca cut a eu.• u ;isn'w`1,v',mi.__»gin.._ __ __ ] NYOa,QNO,M1 ' fig Wr 4m MEM IIIIIIIII�%/ /y// _ i:aan.-.A '�y v'� T `* >"'' p` Parr.iv _-_--, s__. .v.Nmr_ 4#9 i.xE. = Zar � M ttF, . •i\ •----„ —••••..m w °..o..nl..l�m " .ems,.„, y:MI � • a 13y� pVa �eb �.rlr�w.,,.w.w.4 w..Emol.,w e egg _ wa.,, yps" / . _ ['1 iZ6 a 'i ar 1 pEoa,• o.v.: .�� ,.w.0�ruvm.e.s In.MI 70 an•.a as.,a,\1 n e r -_ _.� wO-aEruO cou„Emvx war .o. QI ym: • V'" I. rm� c� i - vRovoseO LOT sR,e,x..,00. ii. 40.0091109 •��r w..wow r s.w. H �, = ZOrllL'CSI])9 ACACS GwROSS SExI-PU&.0 © ® \ ou',m rm rc rt/tarcom .„ s .� O✓• 1� OE \::.... ,.: ...... `1 \. ,.__ . `rw rr.• ©\` r.e --- _;/ i"----A:74; �.., COUNTRYSIDE.1 COURT OmvE .\ III I :-,r,.,: •__— m em a sourwexE oROO,r+IOe Nu Eee • 1 \ r•.e. __ — — �i' 11 COUNTRYSIDE BIBLE x „ v,n .. I m. "._,. i -0.04 aP,r CHURCH y.. '�°� '"••,.• ��, ;..v r.v � r�,d.1.. ;n) gq�gP�l1�5�1[�& urea. 1! C11 awllwCOTuaaw,wwlr.,E.us 9 x y a . 1.of rRr.awcn a �'".'°^°. °`° ° uo Etao giAll II OU 0-USE-OiRE COURACvc SO ,00 ,SO ] EIIe RAN w O0 V IOrra,.a''B 11111111111 i �S REaeenEa,O�l„ ,IAN 10 Z pfP.:E COWL., !!` E -- 1. u2vM.ua NuOE sersa••1i1 relPiami ... ... ... 1 - n 4 ''• '1,.5 :- ,y.r.——— —-"'"--'....- 1 :,Ve• itr'il ',.:4;g1,2414 . =.4 .e.I 'Ai:.-.;•Cm-,. kg .._ ,_ ,_., :.„..,-,... 4-.,„*.,,,z-i-,--::::-,,,,,aa....:7k,v .... .‹.-7c.!;::*-Ar. -.> .4rft. - mi..- -.4e.::::.:,. ...„--:,-„*..3.--...„...,-,--4---,.'•-,.:7,-- i.-71—ns ,C, Mr lf .4t.,Y,',,',".i-1-41 ,,.1.,..,' .47,7,.j.,,,,,. .!?:,,,Z.J. ii ., . ,. ---.,...— ;,er,s.,1 ,1 III ,,,..1 •11E1E1 A .1,-..''''j•'• '''''..l'''• '','47.±4311'N..4.' 111311€11/1 0,'''?" tuswg.www,46.0WfaCXY.Sti .1.4 soma ax.mix.,, ilailateUINEt.'"I'*'77:- ,.._—.,..J...,-„,,,,'• ..... - w"1" IMMIN leMP111 CNA WSJ ''''' ...,...., .......... , '''... ''''" "'". ^•'' '''. I''141. "."2. 1i:-'1"'t '''' 1 I '-'" ""t11-1. se V ,I1,4,-,.. ,,,.,..,,,....,,• ...„. ,-_ i 2 FELLOWSHIP ELEVATIONS --,,,, .110AIP r.1,Y ''''''' „..../,...,...... 4.:41....r .•k'''44.,'G. '-'5' • —— ''''.441/2IliC''' '''"WI"'"'. —111.11- -''g i hi 0 -.4,;,4A,,-, I:-',1.,P_i 1 •-• 1 , 1 ... 1 .----' -- --4-`-''sff .'x'r-4, -__ — , .---...3 , ....... .,-' ..., !?. • .1L,- 1 ,, _ z ".7 4,.,4:,:, ririr:'- ',, ,,..,.'s' L• ir' I I I I I I I '' : I I I I I I ;II_11C=ViCifi . A' 717. - — MT ELIVAMMINT MU WV MDR=CART NY OM '. 4 3 young BUILDING ELEVATIONS -.111111.1 141, : "--C4-"— r„,er,_.....1.... . ... ......... oxiPeN ' ,r,,,,ErAisms 4 STGRAG E MEWING/WELL NOUSE 1: COUNTRYSIDE BIBLE .....,.... ii CHURCH .i zs3 commvoe cow iare oF spun...meow mom.'Ems REGO JAN 10 Z000 Imo I 1.81111.0111E0 UMW II A2.1 UP I PAYOVOI AII.“VOL.3O8-211.PC Si upp.n. .__I ___ I-D — ---- - I; 5 ,.....-, I -.6 1 i6 /..,/ 11 "--- /-1 .,i i -3 .r I I i I \\ H V! • .4 \j I I,V`J I 11 1 1 11 I II I 11-1-Fltl, ITOTI 111-11TIT_TT 1 Ill 1 1 1 1-1-71-1 Ill TTITITt, 13.1%7 _ ffit[11.-Ail iii[l_RN ' 1 111111111111W i*.5 1 g giS E IIIIIIIIIIIIIII i- f4 / -7111 I 111111111 111:, MI 1_1 I 1 1 11.-\ 1 , I I i NIT Tf-- _ - — ) _....-,... --, ,- .:".• ,, ,, 1,/\ .--)/ /\1 :.:-.. :.=.. - - - „,- , ‹. / , 4 / 1 ,........., .. / ‹, 1 — ..-r.0 .. r i ei . r ..,,,. ..•-• _ __rk___ -<__rrr ... A . , _ L \ \ •Li ,:;;4 ------- [11111 1111111111111J — - m _.... L- e _ \ 31LT ..---- .„. . - I \ 1 I --__-- (-- \ A r,t---;-- 11 111 P --'- \ -,,-- \ al\lilliil __, (---- I 1 , , I , , I, , 0 .\ , , - I \ \ \ \ \ \ I . -1-11-.[I NI F 1.1[Id I -. 1.3 ,...) 1 • \ P-50 0 ,., RE ; i.•.T, '' ':: i °: '9 ____. LL.-i' . CD 1 2- . _i W4111 / i•D er7 . .:.D 'JD "i -p.m_ iL.. w.o-tr-o- I g g F. , v x r, ---"ar,MATSR. SANITARY SEWER PI-AN ,--mr, ‘.1 tt !MOM 02511G`ZEMLELPHR:6 OfW. KA .. ..- a!, c ux-rnysIDE EIHLE CHURCH \ .,,,, , ,., • ° /2., ' a Z 0 '44724X,t .....,..:."7...` . D- SO UTIMAXE. TARRANT COUNT . ,. TEXAS """c'.... --- ... -----_.-- . A A w g. sb �� TLJ tf fllfTI l I I 1 le e TtJTrf>lTT1T(TI I WSlJ-14-1- I-f—r-r gels r1it / ��` \• , I'/� 1 '� I I I I I - 1 — f II g; ��-1 / / d Mil] 1 I i III 11 '� — — I "r \ ; d ----,0 _,§ 45---10 _7_ / .40111 4--- i, ...:11—ri#911.—....‘....„..,.4g,„. „......... 46,- .-.1t , - .. / I ., /,;_. • ,....rie,„. am, wish.. 120 I_ ..6_ __. - , , ,, , .____7„ imam , pA Ah isa,__ , ,..716::: . . ipr v.� / gli C. Gp548L[ / L N ` it ___) ,,...:._ , , , • , .• , ,.--:,....., , ,.. , id 111.(\\_.. / _- r . V—TT—, . —I— 11111151P I\ ' 1 i\II till I I 1 I I IIIIIIR.71114116,T F= , 2. R A �7114 air... G ,rl 1 AI ..,,D ' ‘ N - 2 .0 $1111pip- � 1 \ \` .s`ice flLl4 HJ i r� I 1 in , 1 1 1 1 t 000o K e 1 1 1 I :, ^a 2 1 1 e �oSoFr n 1 ,Imaee_n ki 1 1 lit§ F atE0 I ma lgi- \ \ `\ m�m10':-I 5 \\ \\ \ I *i;LIe \ \ \ • \ \ r•r1 I -- ••t— I v::, to • ea E� t 4 S a na�.,,,,.�g ar.,oY C /� s oog. �cMeoov R9 - aR A _p ,c osva®11MCri_va80. oc�cC_ 1. A § i do COUNTRYSIDE BIBLE CHURCH i.7 x u m , n. � - - - o ,V r r r• u M I,- SOUTHLAKE. TARRANT COUNTY, TEXAS 1 t• —1 S y CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-328 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 2, BLOCK A, RAVENAUX VILLAGE, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 388-213, PAGE 31, PLAT RECORDS, TARRANT COUNTY, TEXAS; A PORTION OF LOT 2R2, BLOCK B, RAVENAUX VILLAGE, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTRY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 2120, PLAT RECORDS, TARRANT COUNTY, TEXAS; TRACTS 6G2 AND 6H SITUATED IN THE THOMAS M. HOOD SURVEY, ABSTRACT NO. 706; A PORTION OF COUNTRYSIDE COURT RIGHT-OF-WAY; AND BEING APPROXIMATELY 13.791 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT, "CS" COMMUNITY SERVICE DISTRICT AND "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH "CS" COMMUNITY SERVICE DISTRICT USES TO "S-P-1" DETAILED SITE PLAN DISTRICT WITH "CS" COMMUNITY SERVICE DISTRICT USES AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER 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. N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-328.DOC Page 1 2b 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" Agricultural District, "CS" Community Service District and "S-P-2" Generalized Site Plan District with "CS" Community Service District uses under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-328.DOC Page 2 1C�21 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 N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-328.DOC Page 3 1C�•22 tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, 'and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Lot 2, Block A, Ravenaux Village, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-213, Page 31, Plat Records, Tarrant County, Texas; a portion of Lot 2R2, Block B, Ravenaux Village, an addition to the City of Southlake, Tarrant Country, Texas, according to the plat recorded in Cabinet A, Slide 2120, Plat Records, Tarrant County, Texas; Tracts 6G2 and 6H situated in the Thomas M. Hood Survey, Abstract No. 706; a portion of Countryside Court right-of-way; and being approximately 13.791 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District, "CS" Community Service District and "S-P- 2" Generalized Site Plan District with "CS" Community Service District uses to "S-P-1" Detailed Site Plan District with "CS" Community Service District uses as depicted on tie approved Site Plan attached hereto and incorporated herein as Exhibit "B", and subject to the specific conditions established in the motion of the City Council and attached hereto and incorporated herein as Exhibit "C." 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. N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-328.DOC Page 4 T Z3 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. N:ICOMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-328.DOC Page 5 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. 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 N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING1480-328.DOC Page 6 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 , 2000. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2000. MAYOR ATTEST: CITY SECRETARY N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-328.DOC Page 7 r a APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-328.DOC Page 8 EXHIBIT "A" DEDICATIf,N • STATE OF TEXAS COUNTY OF TARRANT THAT WHEREAS, Countryside Bible Church, acting through its duly authorized agent,. Larry Snyder, is the owner of Lot 2, Block • A, of Ravenaux Village, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388- 213, Page 31, Plat Records, Tarrant County, Texas. as described in a deed recorded in Volume 10541, Page 2246, Deed Records, Tarrant County, Texas,; a tract in the Thomas Hood Survey Abstract No. 706, as•described in a deed recorded in Volume1389R,Page 63, Deed Records, Tarrant County, Texas,: and a portion of Lot 2R2,Block B,of said Ravenaux Village as shown on a plat recorded in Cabinet A, Slide 2120, Plat Records, Tarrant County, Texas, as described in a deed of record in Volume , Page , Deed Records, Tarrant County, Texas, being described herein together with a portion of Countryside Court vacated by this plat,by metes and bounds as follows; BEGINNING ata 1/2" iron found at the Southeast corner of Lot 2, Block 1, above referenced, in the North line of Country- side Court, said point being the Southwest corner of Lot 1, Block A, of Ravenaux Village; THENCE S. 660-04'-53" W. 110.00 feet along the Northerly line of said Countryside Court to a 1/2" iron found in same at the PC of a curve to the right-having a radius of 224.35 feet, and whose long chord bears S. 830-17'-07" W. 132.72 feet; THENCE with the arc of said curve and said Northerly line a distance of 134.73 feet to a 1/2" iron set in same , at the beginning of a cul-de-sac whose center bears N. 830-15.-44" W. 60.00 feet; THENCE with the perimeter of said cul-de-sac, being a curve to the left, 214.63 feet to a 1/2"iron set for corner; THENCE S. 890-31 '-42" W. 462.83 feet to a 1/2" iron set for corner in the west line of Lot 2R2, Block B, above referenced; THENCE N. 00-28'-17 " W. along the west line of said LOt 2R2, being the east line of Lot 1, BLock 1, of Burnet Acres addition as shown on a plat recorded in Volume 388-154, Page 64, and continuing along the east line of a tract described ina• deed of record in Volume 7289, Page 1388, Deed Records, Tarrant County, Texas, in all 172.87 feet to a 1/2" iron found at the Southeast corner of Ravenaux Place Addition to the City of Southlake, as shown on a plat recorded in Volume 388-217, Page 75, Plat Records,Tarrant County, Texas. THENCE N. 00-09'-00" W. along the east line of said addition to 679.79 feet to a 1/2" iron found at the Northwest corner of same, said point being the Southwest corner of a tract described in a deed recorded in Volume 13245, Page 330. Deed Records, Tarrant County, Texas; THENCE S. 880-24.-28" E. 482.63 feet along the south line of the last referenced tract to a 5/8" iron found at the Southeast corner of same; THENCE N. 20-12'-10" E. 74.97 feet along the east line of the last referenced tract to a concrete monument found in • the Southerly right-of-way line of Northwest Parkway West, ( State Highway No. 114 ); THENCE Southeasterly with said Southerly right-of-way line,being a auveto the left having a radius of 5749.58 feet, and whose long chord bears S.550-24'-26" E. 271.61 feet a distance of 271.63 feet to a 5/8" iron found in same for corner; THENCE S. 10-01'-34" W. 427.89 feet along the west line of a tract described in a deed recorded in Volume 10192, Page 1045, Deed Records, Tarrant County, Texas, to a 1/2" iron found at the Southwest corner of same, said point being the Northwest corner of Lot 1, Block A, above referenced; p �; J ,, 0 qn' 9 THENCE S. 230-54'-27" E. 280.55 feet along the West line of said-) fll f 1 Lot 1 , to the POINT OF BEGINNING and containing 13.791 ac's. N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-328.DOC Page 9 ., ro Lmz •• n n o4 3 c z rl m _ 'D , ...,Rn c:.:cn,n -n��a...,.. 0 nm,,..n..w. N 7 .1, h 7 1 1 ti� m.o.... Law `- rx 0 1-�5•;{ T vUm.-- ' 7 : 1 Aft" \. .,. .. mt ,. x -r, art �, hr..�N A ��.d� T. ... z ..,..,....,.....c sI. 'S fig,;,t`4 �� — F .�•-�'Y '- W �+gY7 f f]a" }i ! ._�p•G�$" `"�^'��r 'p�' •` COUNTRYSIDE BIBLE CHURCH 1„ cii---000®® liii! 4P ^ 1 1 I !`Y��. � � w womoa m me an or wmm.Yce m�R�m ®�as>a n 3 `7 kN� r. l ,,,.":'°.a:,a TARRANT COMM.Tf]AT R �®_mm®®¢sly .„4.,...itzrja:,÷3i i i le....,-E ... iiiihrVW /F_ ,d,„.5A2i 4..4 f.,„....- ;2;:],,..%. A •— = �rtaTffiS L ,tl 'Y'' i::a " ll t. '.'," "'•_"''_.___ 'i�lf•Y::.i'.'_�-_:.- - -- W ' oir� q L: 1Ei�� " Des pasta A.,='z5 �_ 1. ail A .. ....,..r. T ' .1�} !g, 'w"R'a: _'_.. x..i:. '..is :-jr-_-- Imo . __ W,^."�': :�i: tri .:• ... , , k„: - -."--E :..AC -.1.11 .114*AtinL4-V4 ::-\ - - • $ a 136 ` Emma sIlk • © . - sue.tra._Norm.=1•••• _...._ ".r.....•,..,....:31 .+ _..., ` _»'!J a •� .w.0..w..nrr ........... .11. r+�u,w• �.s��v".ri. .cam 10 • @ i I{S, w.co�sV. :7S°.F21i 'SY'c'" © • \ a.r ram... " I I l l l l l l hi 1 1 llll l( = n`°'•°"=-1=1.'W 5:;`-T7 • �r r " .�'grass- � � � rf COUNTRYSIDE BIBLE • . f/ 44 �I CHURCH �; �„ .,. mow.,, � ®II B�Y�P4�3b `'�... :� �....�..... __. PM �p r dill ..,.,...:< „racYrx I 4�.a.iim ilwIu:<" «R' 'W 1a �� ......:c.°"..t49.9 S' V:�.�(=,CI i 0 100,0 EXHIBIT "C" This page reserved for the approved City Council motion N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-328.DOC Page 11 .+ 1 City of Southlake, Texas STAFF REPORT February 11, 2000 CASE NO: ZA 99-132 PROJECT: Ordinance No. 480-330/First Reading/Rezoning and Site Plan- Carroll I.S.D. No. 6 Addition STAFF CONTACT: Karen Gandy, Interim Planning Director, 481-5581, ext. 743 Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Rezoning on property legally described as Tracts 1B and 3', situated in the C. B. McDonald Survey, Abstract No. 1013, and being approximately 42.424 acres. A Site Plan for Carroll I.S.D. No. 6 Addition will be considered with this request. PURPOSE: Site Plan approval is required prior to issuance of a building permit. LOCATION: South of Crooked Lane approximately 300' east of the intersection of Crooked Lane and South Kimball Avenue. OWNER: Carroll I.S.D. APPLICANT: Cheatham &Associates CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "S-P-1" Detailed Site Plan District with "CS" Community Service District uses including transportation facility and stadium. LAND USE CATEGORY: Industrial and 65 LDN Overlay Corridor NO. NOTICES SENT: Fourteen(14) RESPONSES: Nine (9) responses were received from within the 200' notification area: • James F. Lunsford, P.O. Box 1685, Dallas, TX, in favor. (Received January 21, 2000.) • Jack Lovette, Southlake Cornerstone Business Pk,13154 Coit Road, Suite 102, Dallas, TX undecided, "The Site Plan does not adequately address screening measures where the school site adjoins the south property line of Lot 6, Blk 3 Cornerstone Business Park. We prefer a masonry wall similar to the existing wall along the west property line of our lot. This will also discourage school parking on private property." (Received r ) City of Southlake, Texas January 31, 2000.) • Ralph Segars, 11560 Hillguard Road, Dallas, TX in favor. (Received February 2, 2000.) • Johnny Beech, 701 Whispering Woods, Southlake, TX undecided, "I am concerned about the type of screening devices, what materials to be used, who maintains it?" (Received February 2, 2000.) • Louis J. Kaposta, 2311 Crooked Lane, Southlake, TX opposed, "School is not abiding by zoning ordinances that protect residences." (Received February 3, 2000.) • Iva Lee Johnson, 720 Whispering Wood Circle, Southlake, TX opposed, "See list of neighborhood concerns." See attached letter*. (Received February 3, 2000.) • Pamela Morrison, 710 Whispering Wood Circle, Southlake, TX opposed, "See neighborhood concerns." See attached letter*. (Received February 3, 2000.) • Bobby Struempler, 700 Whispering Wood Circle, Southlake, TX opposed, "Residential is located on the west and south side of property." (Received February 3, 2000.) • A second response was received from Bobby and Darlene Struempler, opposed, "See list of neighborhood concerns." See attached letter*. (Received February 3, 2000.) • Juanita Sapp, 317 Crooked Lane, Southlake, TX opposed,"Noise and traffic — close area because of the peaceful country." (Received February 8, 2000.) *A letter with eight(8) signatures was received on February 3, 2000. This letter is the same list of neighborhood concerns referenced in the above letters. P&Z ACTION: February 3, 2000; Approved (4-1) subject to Site Plan Review Summary No. 2, dated January 28, 2000, and subject to the following: • acknowledging some of the reasons for not going with straight "CS" zoning are the residential properties to the north; the industrial properties surrounding it; the particular needs and concerns surrounding this type of a use, a stadium; and in addition, they have several uses that did not come in under straight"CS" zoning such as the transportation facility; • striking the following use within the "CS" zoning district: 8.2.g: Utility buildings and structures: power sub-stations, water tanks and reservoirs, water and sewage treatment plants; 91k 1 City of Southlake, Texas • deleting Item#1.B.1 (height); • deleting Item#1.B.2 (maximum lot coverage); • amending Item #1.B.3 allowing a limit of 85% impervious coverage; • requiring compliance with Item#1.C.1 (residential adjacency); • deleting Item #1.D.1 and acknowledging the applicant's willingness and effort to work with the Landscape Administrator to landscape the best they.can with native vegetation that,provides some color and requires little or no watering; • ranting a variance on Item#1.D.2 allowing the applicant to move some of the interior plantings to the outside bufferyards with the understanding that by the time they get to City Council they will work out the numbers to see if they are able to have some relief of some of these trees and trees in other district properties in exchange for a brick wall that would border the northern properties; • deleting Item#1.E.1 and accepting 1 space per 5 seats;, • noting the district's willingness to comply with Item #5.B with their study which shows they come under the limit of the decibels at the property line; • adding Item #5.D requiring compliance with driveway stacking requirements but granting a variance to it and recognizing that the district is going to provide gates on both ends of the area between the field house and Silicon Drive such that the stacking depth would actually be 163'; • requiring compliance with the Lighting Ordinance but recognizing the applicant has the lighting study and will submit it before they go to City Council and allow staff time to review it; and • requiring the gates to the east of the field house to remain closed during the games and for a period of 30 minutes after the games except for emergency access. STAFF COMMENTS: Attached is Revised Site Plan Review Summary No.2,dated February 11, 2000. N:\Community Development\WP-FILES\MEMO\99CASES\99-132ZS.doc 7 • • Neighborhood Concerns regarding the CISD Stadium We believe that a high school football stadium presents several challenges to an adjacent residential neighborhood, some of which are: �? Nuisances. J Noise from stadium speakers and exuberant fans. J Lights • J Garbage thrown on our property Security Dangerous Traffic • 9/ Drunk Spectators After reviewing the submitted documentation on the proposed stadium, we are unable to verify • that the school district has properly addressed the above concerns for the following reasons: 1. Site plan does not appear to contain information regarding location, size, height, type and orientation of signs, lighting luminaries, and exterior auditory speakers as required by Ordinance 480, Section 40.3.o. We would like to know where CISD plans to put lighted signs, obviously they would impact us if put near the residential property lines. The site plan does not show orientation of exterior auditory speakers. Obviously, we are very concerned about the speaker orientation. 2. Site plan does not include location,height, arid type of all walls, fences, and screening devices in accordance with Ordinance 480, Section 40.3.1. While screening devices are specified, the type of screening device is not. We believe that a solid 8' brick fence similar to the one on the east side of our residential property lines would be necessary to provide an impenetrable barrier to reduce the types of noise/problems which emanate from a high school football stadium. We strongly object to the following variances requested in the proposed SP1 Development Regulations: • A. Sign variances (item `e' in the proposed regulations)for the reasons specified above. B. Residential.Adjacency Variance (item `5' in the proposed regulations). Residential Adjacency is intended to protect nearby residential areas. The enjoyment of nearby residential property should not need to be reduced to the point where residents become second-class citizens merely to save the school district a couple of dollars. We understand that the school has saved.millions by building the stadium in our back yard, surely they can try to • pale I t4\�- REV F E B 0 3 2000 • reduce the impact to their neighbors by following city ordinances. Furthermore, it is our . understanding that to be granted a variance from residential adjacency,the applicant must meet the requirements of Ordinance 480, Section 43.9.b as specified by Ordinance 480, Section 43.k. Clearly, the applicant has not met this burden. C. _impervious Coverage Variances (item '4' in the proposed regulations). We believe that native trees and natural areas are an important part of our fair city. This ordinance is helping to keep Southlake the preeminent city of the metroplex and beyond. Perhaps the school should acquire more land to build the number of parking spaces required or.utilize surrounding business parking spaces instead of trying to take short cuts. We believe that . anyone who would build to 95% impervious coverage is not being a very good neighbor in our city. . We request that the school provide a larger buffer yard next to adjacent residences. We believe that students/fans will throw bottles and other garbage in their exuberance and we would like to insure that they will not be able to hit Mrs. Johnson's home. Given the type of use the school has proposed and the close proximity to residences, we believe that a 60 foot buffer yard is quite .. reasonable. While this will not keep bottles out of our yards, it may at least keep them from hitting our homes. We do not object to the majority of variances requested by CJSD. Given the limited time for review, we reserve the right to append our concerns list in the future should other items come to light. . • NAME: ADDRESS: crtd - • __r- L7/e.oi_ ,,,sAr-(e.) 2 J L_ Lr12.QQ ga, 4x)a7C..---- ir __. -4,A-_-4•... ).__LzA ___ __ -,52-,07--.7„„,_ .L7-I 6 W 4 1 4,,,*/,d.'ae,,..„:,..le.,/,„,-47L) ' �v l� 4....e,,,_,,_,_ --1 49 l� E� v_c s'yx)S �r✓ ,. .. .. .. cg .b. eicao-iLd&di , ' • .Z......1 t . , c--)ti 7 c_-_--,,,iel iv.) , --� -- -___- 7do/ G. u _ - --��-- = - - . . .../V I zyjz204. } . A . P t„-ejt,.34... 8P-5 CityTra of South'akec'� ' 'Texasp . zpeg.132 a U s r -7 7 ‘A.,,..-7_77,......:7_0-::72,1- 1--:-."------t--1.>" \ , 14 I'Lli--\- ____3-- t_Wil____P-_ . 0111111111111111. ----- ---/C ' inn . -- �; ��:( _ i::- :. Fob..:,:w1�s - T cilik, r { � ioi.l. -•',. V.:1i ,, ,..:_yi___, :111111111NI:-- "A ?'`., \-11,_ . tiv ' ''',/'', - --4. iLliq -- ' witr IR g Ki EL-4-F:,. .7 - ]LL.j i ■■S 0 LI, W -- -A '--- , - 7----Al2:2 """A you Ci-73.- ----- .,/, _.,_,,__-._ __ ., , , - -TT= . , , 200 0 2000 Ft N • \V -""*"'"'"i '‘ City of Southlake, Texas Surrounding Property Owners ZA99-132 B 4-1 U� EX H GE I _ 16 NE City 15 of Grapevine 14 KIMBALL 13 Property Owner Zoning Land Use Designation 1. D.Hood 1. "SF-1A" 1. Low Density Residential 2. D.Hood 2. "SF-1A" 2. Low Density Residential 3. C.Wood 3. "SF-1A" 3. Low Density Residential 4. J. Sapp 4. "SF-1A" 4. Low Density Residential 5. M.Kendrick 5. "SF-1A" 5. Low Density Residential 6. J.Beech 6. "SF-1A" 6. Low Density Residential 7. I.Johnson 7. "SF-1A" 7. Low Density Residential 8. P.Morrison 8. "SF-IA" 8. Low Density Residential 9. Southlake Cornerstone Bus Pk. 9. "0-1" 9. Office Commercial 10. Southlake Cornerstone Bus Pk 10."I-1" 10.Industrial 11.J.Wang 11."I-1" 11.Industrial 12.Prucrow Industrial Properties 12."I-1" 12.Industrial 13. Southlake Cornerstone Bus Pk. 13."I-1" 13.Industrial 14.R. Segars 14."I-1" 14. Industrial 15.J.Lunsford 15."I-1" 15.Industrial 16.J.Koposta 16."AG" 16.Industrial N:\Community Development\WP-FILES\NOTICE\99Exhibits\99132ZSP.doc > January 20, 2000 Community Development RE: Case Number ZA 99-132 — Site Plan Carroll ISD No. 6 Addition- Stadium Item 1. Elevations to be provided by SHW Group Inc. (attached) Item 2. Transportation Center Elevations to be enhanced by SHW Group Inc. 1 attached Total Program Item 3. Lighting Plan with pole layout provided by Estes, McClure &Assoc.; Management, Inc. Inc. (attached) 860 W.Airport Frwy. Item 4. On Plan Suite 101 Hurst,TX 76054 Item 5. Building is located off street. Loading would be done at front entry of (817)427-7300 Visitor and Home bleachers. fax(817)427-4708 www.total-pm.com Item 6. For 7500 seats 1530 spaces will be provided. For future expansion to 10,000 seats 1,999 parking spaces will be provided. The parking indicated at the northwest corner of the site is future parking expansion. Item 7. Variance to allow 1-5 parking Item 8. Variance Item 9. "Field Turf"; artificial surface is permeable. Item 10. 65% of site impervious. 77% of site impervious with future parking in place. Playing field is pervious. Item 11. Will comply. Item 12. 80' Height to top of press box is to be expected. • Item 13. Included in re-submittal. Item 14. Will comply. Item 15. Detention ponds on the East are the buffer and would be landscaped. Item 16. Included in re-submittal. • Item 17. Request variance with definition of what time nighttime is. Item 18. Included in re-submittal. Item 19. Included in re-submittal. Item 20. Included in re-submittal. �1+� Austin,TX • REV U JAN 2 0 2000 Fort Worth,TX Item 21. Included in re-submittal. Houston,TX P Page 1 of 2 01 Item 22. Included in re-submittal. Item 23. Included in re-submittal. Item 24. Included in re-submittal. Formal tree survey is currently being finalized. Regards iff, ark J aniels, AIA, CSI, CCCA Total Program Management Page 2 of 2 City of Southlake, Texas SITE PLAN REVIEW SUMMARY Case No.: ZA 99-132 (Revised)Review No: Two Date of Review: 2/11/00 Project Name: Site Plan—Carroll I.S.D.No. 6 Addition APPLICANT: ENGINEER: Caroll I.S.D. Cheatham and Associates 1201 N. Carroll Avenue 1601 E. Lamar Blvd., #200 Southlake, TX 76092 Arlington, TX 76011 Phone: (817)481-5775 Phone : (817) 548-0696 Fax: (817)421-0810 Fax: (817) 421-0810 Attn: Gordon Johns CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/20/00 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT KEN BAKER AT(817)481-5581,EXT.753. General Development Standards Applies Comments Corridor Overlay Regulations N None Residential Adjacency Y See Comment No. 1.C.1 Building Articulation N None Masonry Standards Y See Comments No. 3.A,B Impervious Coverage Y See Comments No. 1.B.3 Bufferyards Y See Comments No. 1.F.1 Interior Landscape Y See Comment No. 1.D.2 Driveways Y See Comment 5.D 1. The following comments pertain to the District Regulations. A. The applicant proposes PERMITTED USES, consistent with Ordinance 480, Section 8.2 with the following exceptions: 1. Outdoor sports stadium (includes track and field) offices, meeting rooms, concession stands, and sanitary facilities. 2. Bus parking and storage. 3. Bus mechanical maintenance. SIVID ' City of Southlake, Texas 4. Private (not for resale) petroleum operations: a. fuel storage and dispensing b. other petroleum related issues in character with vehicle maintenance and refueling 5. Signage appropriate for the site. B. The applicant proposes DEVELOPMENT REGULATIONS, consistent with Ordinance 480, Section 8, "CS" Community Service District,with the following exceptions: 1. Ordinance 480, Section 8.5a, - Height: No building or structure shall exceed two and one- half(2 1/2) stories,nor shall it exceed 35 feet. The applicant is requesting a maximum height limitation of 85' (Variance requested) (P&Z Action, 2/6/00: Allow as shown). 2. Ordinance 480, Section 8.5e, -Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding fifty (50)percent of the lot area. The applicant is requesting a maximum lot coverage of 60% (Variance requested) (P&Z Action, 2/6/00: Allow as shown). 3. Ordinance 480, Section 8.5 f, - Maximum Impervious Coverage: The maximum impervious not to exceed sixty-five (65%) of the total area. The applicant is requesting impervious coverage not exceed 95% (Variance requested) (P&Z Action, 2/6/00: Allow a limit of 85%impervious cover). C. The applicant purposes in the Development Regulations that the project not be subject to Residential Adjacency Standards (Ordinance 480, Section 43 III): 1. No additional regulations provided for residential adjacency (Applicant to remove request from SP-1 Development Regulations). D. The applicant proposes DEVELOPMENT REGULATIONS, consistent with Ordinance 544-A, Landscaping Ordinance, with the following exception: 1. Ordinance 544-A, Section 3.3a-Seasonal Color-2%required. The applicant is requesting no landscaped area be provided for seasonal color(Variance requested) (P&Z Action, 2/6/00: Allow as shown- acknowledging the applicant's willingness to work with Landscape Administrator to use native plants that provide some color and require little or no watering). 2. Ordinance 544-A, Section 3.3b-The applicant is proposing one (1) accent tree per parking lot landscaped island . All planter islands in parking areas shall contain a minimum of one (1) canopy tree with the remaining area in shrubs, ground cover, grasses or seasonal color. Planter islands which have light poles, the parking areas may substitute two (2) understory/accent trees for the required canopy tree. All required landscaping shall be evenly distributed throughout the entire required parking lot landscaped area(Variance requested) (P&Z Action, 2/6/00: Allow as shown-allowing the applicant to move some of the interior plantings to the outside bufferyards with the understanding that prior to the City Council meeting, the applicant will determine financially if they can have relief of R-►l • City of Southlake, Texas the number of trees on other district properties in exchange for a brick wall that would border the northern properties). E. The applicant proposes DEVELOPMENT REGULATIONS, consistent with Ordinance 480, Section 35 Off-Street Parking,with the following exception: 1. Ordinance 480, Section 35.6(9)(h) -Sports Arena, Stadium or Gymnasium: 1 space per 3 seats or bench seating spaces. The applicant is requesting 1 space per 5 seats or 1500 parking spaces (Variance requested) (P&Z Action, 2/6/00: Allow as shown). 2. The following comments pertain to the bufferyard: A. The bufferyard along Kimball Avenue is listed as a 10' Type A bufferyard. Section 42 (Table 2)requires a Type E bufferyard (Applicant agreed to provide a Type E bufferyard at P&Z Meeting). 3. The following comments pertain to the elevation plans: A. Provide north, south and west elevation plans for the proposed Field House. Identify the type of exterior construction materials to be used. B. Provide more information on the Transportation Center Building's façade type. Label material type near the roof line. 4. The following comments pertain to the Site Data Summary A. The site plan indicates 1,976 standard parking spaces are provided(of which 42 are handicapped). The first column under the parking summary indicates 1,500 spaces provided (total) and the fourth column indicates 21 handicapped spaces. The Site Data Summary needs to reflect the number of parking spaces indicated on the site plan. B. The gross acreage of the site needs to be provided. C. The plan indicates 69% impervious cover on the Site Data Summary. Staff calculates approximately 77% +impervios cover(if the field is pervious) 82%± impervious cover. The SP-1 Development Regulations request up to 95% impervious coverage) (P&Z Action, 2/6/00: Allow a limit of 85% impervious cover). • 5. General Comments: A. Provide information regarding construction of the football field(e.g. subgrade structure). Depending upon the methods used the field may or may not be pervious in nature. B. Residential Adjacency standards require nighttime (7p.m. to 7a.m) noise levels not exceed 49dBA at residential property line (Applicant's consultant indicated at the P&Z meeting that noise levels will not exceed 47dBA at the residential property line). (a-IZ • City of Southlake, Texas C. Show the type and height of screening device around the dumpster located northeast of the football field. D. Stacking depths of all driveways shall comply with Driveway Ordinance No. 634. The ordinance requires all stacking depths of driveways on this site to be 150'. The driveways located north and south of the Field House on Silicon Drive do not meet the required depth due to the intersecting drive of the parking lot located east of the field house (Approximately 50'provided). However,the applicant has indicated that this parking area will be gated during the time leading up to events,which would result in a stacking depth of approximately 163' (Variance requested). (P&Z Action, 2/6/00: Allow as shown recognizing that the applicant is going to provide gates on both ends of the parking area between the field house and Silicon Drive such that the stacking depth would actually be 163'. Also, requiring the gates east of the field house to remain closed during the games and for a period 30 minutes after the game except for emergency access). 6. Exterior lighting shall comply with Ordinance No. 693-B. (Variance Requested). (P&Z Action, 2/6/00: Require compliance with the Lighting Ordinance but recognizing that the applicant will submit a lighting plan before they go to City Council and allow staff time to review such study). (Please refer to Building Inspection Review dated February 9, 2000-attached to the back of this summary). (P&Z Action, February 3, 2000:Approve (4-1) subject to Site Plan Review Summary No. 2, dated January 28, 2000; and subject to the following): • acknowledging some of the reasons for not going with straight "CS" zoning are the residential properties to the north; the industrial properties surrounding it; the particular needs and concerns surrounding this type of a use, a stadium; and in addition,they have several uses that did not come in under straight"CS" zoning such as the transportation facility; • striking the following use within the "CS" zoning district: 8.2.g: Utility buildings and structures: power sub-stations, water tanks and reservoirs,water and sewage treatment plants; • deleting Item#1.B.1; • deleting Item#1.B.2; • amending Item#1.B.3 allowing a limit of 85% impervious coverage; • requiring compliance with Item#1.C.1 (residential adjacency); • deleting Item #1.D.1 and acknowledging the applicant's willingness and effort to work with the Landscape Administrator to landscape the best they can with native vegetation that provides some color and requires little or no watering; • granting a variance on Item#1.D.2 allowing the applicant to move some of the interior plantings to the outside bufferyards with the understanding that by the time they get to City Council they will work out the numbers to see if they are able to have some relief of some of these trees and trees in other district properties in exchange for a brick wall that would border the northern properties; • deleting Item#1.E.1 and accepting 1 space per 5 seats; • noting the district's willingness to comply with Item#5.B with their study which shows they come under the limit of the decibels at the property line; • adding Item#5.D requiring compliance with driveway stacking requirements but granting a variance SP'M3 ' City of Southlake, Texas to it and recognizing that the district is going to provide gates on both ends of the area between the field house and Silicon Drive such that the stacking depth would actually be 163'. • Requiring compliance with the Lighting Ordinance but recognizing the applicant has the lighting study and will submit it before they go to City Council and allow staff time to review it; and • Requiring the gates to the east of the field house to remain closed during the games and for a period of 30 minutes after the games except for emergency access. * It appears that the majority of this property lies within the 65 `LDN' D/FW Regional Airport Overlay Zone with a portion of the northeast corner being within the 75 `LDN' which will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * Signs shall comply with Sign Ordinance No. 704-A.No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water& Sewer Impact and Tap Fees, and related Permit Fees. * A full dedication of required right-of-way width is required for South Kimball Avenue. Both Silicon and Kimball Avenue must be constructed prior to construction * Denotes Informational Comment cc: Carroll I.S.D. Cheatham and Associates TPM L:\COMDEV\WP-FILES\REV\#SPLAN-1.W PD gA-►� Case No. ZA 99-132 Review No. Three Dated: February 9, 2000 Number of Pages: 1 Project Name: Rezoning/Site Plan, Carroll ISD No. 6 Addn. Northwest corner Silicon Dr. & Kimball Ave. Contact: Chuck Bloomberg, Plans Examiner Phone: (817) 481-5581, x 747 Fax: (817) 488-5097 The following comments are based on the review of plans received on February 9, 2000. Comments designated with a (#) symbol may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z or City Council. It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. GENERAL COMMENTS: * Water meters shall be in utility easement or in right-of-way. Sprinkler water service requires backflow protection per Cross Connection Control Ordinance No. 699 and the plumbing code. # Show existing and proposed fire hydrants, this block. Additional Hydrant(s) may be required impacting water line design. Exterior lighting shall comply with Ordinance No. 693-B. The lighting plan submitted appears consistent with the letter submitted by Rob Dawson of Estes, McClure & Assoc., Inc. The request is for the playing field lights only. The parking lot lighting appears that it will fully comply with the ordinance. All the illumination levels at the property lines are in compliance. There are no height limitations applicable to the stadium lights according to section 33.5 of the Zoning Ordinance. The following variances may be required in order to approve the plans as submitted: . Lr6 1. To allow Metal Halide (white light) as opposed to High Pressure Sodium. ,5 6 2. Maximum outdoor illumination level in excess of twenty foot candles. 3. Applicant has not indicated if proposal is in compliance with Luminance requirement of section 7. 4. Applicant shall also demonstrate compliance with shielding to prevent glare per section 8. * Signs shall comply with Sign Ordinance No. 704-A #=Denotes comment that may be included in formal review by P&Z and City Council * =Denotes informational comment. BUILDING INSPECTIONS REVIEW - Page 1 C:\TEMP\99132-3REZ0NINGSP-CARRO LLSTADIUM.DO C 0-15 t.,l r COMSut11116 tM61NE(N; February 8, 2000 Estes,McClure&Assuc.,1cc. • Mr. Gary Rademacher SHIN Group 9001 Airport Freeway Suite 570 North Richland Hills, Texas 78180 Re: Athletic Stadium—Carroll Independent School District EMA No. 93359 Dear Gary: A variance from the city requirements is needed for each of the following items. The stadium light poles are designed at 120 feet and 130 feet. This is to achieve proper light levels and proper angle of glare cut-off from neighboring properties. Also, these are the heights recommended by the Illuminating Engineering Society (IES) RP6-88 Sports Lighting Handbook. The lamps for the sports lights are metal halide. The light quality, especially color rendering, needed for football play cannot be achieved by high-pressure sodium. The average maintained light level for the playing field is 70 footcandles. The IES RP6-88 recommends 50 footcandles for high school football but also recommends 100 footcandles for a stadium that seats more the 5000 people. The citys required maximum light level of _25 footcandles at the property line that borders the light industrial cannot be achieved because of the location of the property line in relation to the end of the stadium. The glare protection device on each of the sports lights accommodates frontal glare protection. These devices are not manufactured to eliminate side glare and light spill in order to allow the optical assembly to spread light side-to-side. Please note that every effort has been made to keep light levels at or below the required maximum level at all other property lines. We not only have designed the sports lights with special glare/spill control shields, but also have located the parking lot lights in such a manner as to minimize the contribution of light over the property line. Please call me if you have any questions_ Since Ali 101 ob '-wson RLD:rd cc: Mark Daniels-TPM 360E Wei Way Ei Tyler,Tuos 757034462 t 903•5812677 TOTAL P.CL RECDFEB () 9 z000 City of Southlake, Texas TREE PRESERVATION ANALYSIS (Non-Residential Development) Case: 99- 132 Date of Review: 12—22 - 99 Number of Pages: 1 Project Name: Carroll I. S. D.No. 6 Addition (Rezoning/Site Plan- Stadium) OWNER: PREPARED BY: Carroll I.S.D. Cheatham& Associates 1101 N. Carroll Ave. 1601 E. Lamar Blvd. Suite 200 Southlake, TX 76092 Arlington, TX 76011 Phone: (817) 481-0810 Phone: (817) 265-8532 Fax: Fax: THIS ANALYSIS IS PREPARED AT THE TIME OF REVIEW OF THE ABOVE REFERENCED PROJECT AND IS TO PROVIDE AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT OF CONSTRUCTION ON ANY PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEITH MARTIN, LANDSCAPE ADMINISTRATOR AT (817)481- 5581 EXT. 848. TREE PRESERVATION COMMENTS: 1. The applicant has not submitted a tree survey that meets the requirements of the Tree Preservation Ordinance. A Tree Survey meeting the requirments of Schedule B, of the Tree Preservation Ordinance 585-A shall be required with the submittal of a Concept Plan, Site Plan or Preliminary Plat. * All requirements and regulations of the Tree Preservation Ordinance 585-A, apply to the entirety of this lot. Please be aware of the penalties of not applying the tree preservation protection methods required by the Tree Preservation Ordinance 585-A. BUILDING INSPECTIONS g11'17 ... .j.r...1;,....,..7 T EASTER Nriy.471.ATlDIT ION/ . .'6W I'c'41'.2.°' I, Brzlim il,x ExcliANcE Bi,vo.„4,,,,,,, ii-,-.7.7.:---1-11.7T--....1.1.,:l-_1••-ra,,,ti_7?•,",-,--F„.:-7.-...,77..,-;"- --77,owl Te,V-•% • a=z1.4-1 a 2250 CREME°L......,.•••• ...` 3.110111.01•.." ,X,,,,„..,. ,,,,,,,,,,r,a,,,...,,„ ,a,40 ...“3 LOr II CI r••-',- -7-:01.7c.-BV.,.ad 1--". N ‘.00030i•9 - 4,3411:ai i ..3.5'.';'.1!"•••• ..-f•;•••-P,".1.;',Ei",i1 1-1..1 .- -F.....- ....*c.),•,•>•" gV1112RICIA" I':PCT7/1;SCNOTIILV.'"T'A-it6OCIT. ''''''''4?:.,.""''11-474f,vraT.T.r II. i' 00051 1111,11,c,-frEg- _ i.. [1-‘-'41.).11 1----1-".--7-• *,\,-..,. L KRAL°11:4311 i ••••;:c1...\''''' CROCKED LANE., ,^). VOL.12015.PAGE 1524 ,!•11 n'aLr,:-,INT !I 2 !! , "Ira T,PP,I1:1" w ifilik ....„ :.1, _ ---,,44-.- ----.-;r1;,!:',1-,,....---.. 111163 LL AVE , ., E efsr Ill_i ,-*N.,... TR 1105A1 \ i.;:i 10' TYPE C ISROSCAPE BUFFER illy14 .,.I.---""'gg';',I.:'''.° II..-.Z. I' ' 1331I L.F.I HIGH SCREENING OF/„Tg lAm-AFFORD C011.RGIALIi 121/3.!P.E 520 :. ..;-•---7-:;(--'01- E- -.•<-' ''''- 1 ., X0111.• IA . a 1 LUO.LIANT wwwstyri ftwamTurre _„--- C.v., ms cRocaE0 LANE ‘ wwwww.hAR 1A. .. t. ;._. i5B9•26'47"E ....,:gt1 ar; - 'il"-"-----------i"-----iiii•111...U;(... '1°:-',11":...:‘•I.12"4 III9e...u5.2u,Saq:/"'""r"7075'.:6L' \i'pa 9.26.47.E,252.80).1 IV; At S :111_104137, r;?*"."1:11'1. 1_-----.7.--- '''' ,,, „,. _.......,.., ... . , La,.,... ' ' ., '•-f3:....•:-.“.;.:4-:: 1-7-'-- -.---- 117117;:41?. '-..-1{-• •••'•• --rr ,'. .f.:::'-:‘. \ i I 56.53. 1 •.".-•••-•:-..•-, ••7 -7 7--...-1•_,,,frifrifiqt.q. 1, k4i1).1,(L." ‘, • II I \- I - I 5 e3•43'47'W 332.55'. 1 ' 4TP,,-, IR,E1.•i --r- - -,--5 4 ,,".. ,-,-- -:.--' -'- - --1: 11. l'......i.tta‘ il0 TYPE'A' 23' . .:•7,-:- , .7, . . ( , - '-Th---7-• • i - .- 1 - ._ -. _ -_-:: 1- -Er --4-- .., r_ --- __, ,.___-,., i 1• 1--_,k,z,f.-_, -,.• r.,---.. _L-. 1 j':".7' ' '.19,0',-.'.'A-',,, ..:-. r-t _,_. . ,.. . , 1- .A.P1120 CALA 0 CO 100 203 119• .1./1 11...•1 1..1.• 1 Illi':..1„.-. _l__1.1 -1 Ji . - F.._- - ,1„.• ..„,,...„,,, ,t, -,-„:-•.: 1. ,,,,,,,-;I:o--... .MU 'T,3z. iz.;,,,'"" 2-- -'. ': . :Al: 'I' ';-: - 14.,' FEL :I, ' -1 - , - -§, . 1.,--2i-?,x,:,..;,- • LOUIS XAPOSTA N,.I I z 1..::II:'.••1 V '''.• I,L. -'- -.7, - • - 1 - .• :E.. _....,.. ,..., -t. • I•y.4... c._) LOT 1113 DROSS ACREAGE-42.424 ACRES \ ,...- ,,,, I 1 2,11 alootE0 Luc I: c.0.1•lemuSTIRAL ROW DEDICATION FOR SILICON DRIVE-2.037 ACRES 1 '..,,,- ,'i. -:. .„,.,_._,_. 11,_ ...„(;...I L.- .. , I SOUTNLA1E.. 75092 e 4•••,i'.....,...!:,.a;,,,..",,.;- ,.:, ,-..,. ,T.. :: „T -_, ,- !.,.f ..7-2 .,.2 '..iy2 . •'1 i, w w oTro,E=r,:,,T,ri ROW DEDICATION FOR S.KIMBALL AVE.-1.077 ACRES , WYO. 64171.PAGE 532 ERUCT ii ."XCI'lli. AA' .. -' - 4-• ..-- . -- -- - " .-..a. ---f-, -.. i. i.. -, z Atm.TA 75201 NET ACREAGE AFTER DEDICATION-39.250 ACRES , "f. :,•.'..,-,4------,. •...,,,,,-, , '-' ----.'•••''1 .,..5-,..--,.,_, .'" i 1 I . - - -- _i. _ __ LOT 1-11=1-35.407 ACRES li f .- ' 11,,.4.1'.(;2---. - .----- i I 1 LDN'TilgwainAL - t II:'I&P.'".-:..•,f'a:.I:.• ,,i'. " _1 - - . e-:-. 7 . ••:-• ''-.-.7. ''_r --"" --'''.--• V - . ±1' 1...1 LOT 1-BLOCK 2-3.443 ACRES I - "' *-.4'-'....,i, _ -- - i 1 ! 1-.1,1 1_,-.- . ..-- t-., ,7.0,_A., ?,L t-.. ,.. .y,.: if- ,., i ,_1 a_ --tr-L-: 1.,,,,,.. -__...„_ .,____ .. . I.t.i.l':i,A•,....Lii...3.,4 ". •' .4. , _t: -1, -:.r.. - - -_,- :1 - - g, -_.: -- -' - I ,- - - _...42' ..1 --.-,::-,-_,',_i - -. , i , • ' -' '. "--_ %-.., - • VICINITY 5UP I . . _ 1 il. i I{ .111:11,10.4 - SMART CHART-BUFFER YARDS-BLOCK I -LOT 1 I IP; .'''.-.'-`1' ,.• 1,:i.: 14E' E- ?,: 3-' i••L '.-r .-7:- ,- ilf 7- - 1 d 1.-- 14j21 _ __ i, -_ ____ 1 r g .- •P _ __ _ __ I--„ ,,.k. .• \ DALLAS.TX 15221 YCLUIEj"E2'51171'.kITGE.2 ,T,i l'H),,,,,:i.:!,:-J.,,,,,-:,: Iff-:' :-- -1_- „Ili `Jq ) ',I: ,,,...... .... 1.1...17.11 118....- C TIT: IP: :: =.......?1:1F. i 1 i ..:-.y...:I..... s7-- -'..."''' ‘.---7.-. '.-';'21 1..;...L: -'.t11:=1---7--v-S-.'-----. °---'''--11...ar----'-"--: L: \'1 Ili :: Li '. ' At =,:: .-* •,.,, 1.--eg1,7, : ,..._, 40 11 1.0 11.11101 SMOCK 01141:f 1 ' (t 1 i . CA31 SIPCO PC OCIC 11•11. 0. 1012 PC 4 1 1 i a- \ .1 ORTCT --, -i !E-1 ..:41,_ gF..-7..... ....N.4.............-.4.- .,.., 41 1 iP .• r41,.,‘. mon. Geo. zo.-6 A 11. S. PIP 1 .! 1 111011K. •00., 10.4 II 13 SA PC 1% 1, S •'''i'1..‘," •L..L._*_A:on,'„ 4, 4.0•__, ! _,.. .. 1 i L_I .1. o LUZ-1.011TRIAL PI 11.0111110 Pt PE YTS PK COO PA 1'1 1 j.gr.n...... p . ....w PI •:-, I '.. Tr -. 1 75•p‘--,,,-,aVf...,-!. J a 1 I On t z , ••••160 341' 10.50 4 . 50 8'•.pp.01.1e. )Ei?wa.- 7,7, ,_,di: • 11 _,_. •rl, • 1 I j ........ .. 1 1;1 I 11.7.1a;i2,..,,_ : v, .... I ..,-”.•••as.,awl an ult.. k k I )\ k \ k ,-,--.... li , .,..... -.,....17.E.. 1,113B•46'20.W 261.34' 1, -,-!. SOk\IC-.1 1 ...5• 1 .4_ I • -. . r.-- ......., 1 I /,,,,,_....,....4-.=„4-:-4-..-..-_,,I=...-.-_1,...-..,,' .I !I..., I 1 Ii Id 4 i'''- '171.• ,Z,-1.7C,f Rfr,---11 .........! y.,_t!P ,.,i . 1 L. -'. ' -I •••• 1: 1 ••T •I .'• i , :2•1 M 11. s,L';• `k,...:1-- , ; . i,it xi•:ii 1 1 e ,. CC.,- .p: .. , . < ,i , CC 01111 SUIDIARY CHART-BUFFER YARDS-BLOCK 2-LOT 1 Lc•An. ylirr."-Ity TAiri IX: '''''Ltiglat:V:Ilf. PAM 100 S.-• PCP IOC S••• I . • pg 1 I • .0. ii IF • "4.*i r:,.:14 J-..1,.' 1.. i' . i,2 1PC PC PC Pt MO... 1SW 1....• IS .0 1.0 Pt\ \ \ b• pg.1 -9. I 11 '.11,„ ._ -..,.4 I 1 11 '12.-I •. - \i" i ' I. ' -- LOT MI S z''' pp. 1.• 10•-• 1 2 II pc ........-• \ \ 1 Co• lik "'•,'77,-7... .tg::-1. . •1's;ill P""2G'OrRSIMIAOL111:117""' . .-: • 1--. -•-,,,,r'' 1 %- -....: -I 1 DALLAS•TX 73201 VOLLME 13101.PAGE 411 - - 51118URT CRART-INTERIOR LANDSCAPE 1 I. k - : .- 'L.' :-: •..., • ,11 ir 4' I r, , 3 k i k wr--,1... . q •Ifs,,,z1 1 ,...:.., ..,..,w 3,..12.; MGT 11.1•211 01 Les0SCan bp 1 CY MA la CAP, Pp, PP 1211.0 SOP '‘ i 1. '17,1'! • I sme.-0 I G Z;11:::. •*F.:.. i . _,._.-_3" If!-...4.i i tr,' g. 1 ••••1020 ISO.1,1 1•111 C.SIC OM 11.21. IP M.o. , i \ .t:-.i tf .1,,=-=-"-_nv.i.• _.- ......1:,4'-- .. -•,---'.I ' i i 1., , 1441,140 ,........... "s 1AR4 LI• . . I 1^.7- IP I , I ,GREEN MEADOW SUBDIVISION ' %. tr,415. UK k••• 7 .it'. IV. i ../vII4v 7r.V.I....7:7 .. P., II% ... ... 1‘...r..- 1.4-1.,"?- - • , '1 ' ' 44p--.,-7,-. 1 • i ' ; '-' A i°:7.511:OO: "'''' \ \ \ TRACI 2 \ i '-, 11112 SCRASPRI.PR. - • l''• '2'•: 1,I I:, :- ji.,..--1-z,i-- - i ! y n . DALLAS.TX 75211 : l''''('''''',...:1'',1“, '' '. I 1 -3 1 -.,•-• .-5- :L I.':! i A.11.39.30- A R.1470.00' V ODORS MIMIC moo." \ \ \ KR.101..PAGE 13. u; '// ill ;, • 64.• •• "g• -pr.: .4 4 -.:r -- -- • . 1 1 2 1.• ' , ''-'I I''.7...',•*•.C-;:-.......1/• •--. •--. .-; •'1-': •--•• . 11 I SITE DATA Slimiii t I-.: \-.:.. ,.\;••:\ 11 //-'': -• .*0' -•. [IT a" T-4.--_71 T_ -.4 -: ! ii-A A A'6.".°V. fl..."'w:=4:7'" 14•.-1 1.11•14 SI,...f. LAO 2,4100a/TIAL &Air= 7"•!'•I:\'-171% •, N •/'-. IL': -..-, -#. ---,-- ---- 1.i', . R.729.00' 0proscv.:sm/e tio. .....•.1,.... Zr,js.:.: /Al I. ..etlaja.'• II 1. I- ..-.1 lti ig- I 1 6- 1 L.77-41' .AT AErtam Er Ammer 1.10.1.210 US VT.1.1.2.0 111pi 7g9,!5:.; \ \,\ -'5'., •, A _I- ".--...1 ..-e '-'7 --Igi 11 I; ' .'L.. nzo,,,,,. 1011.1 1.12.1 S •\ \ ''''... e', .A:rrL-7 ..,` ---ts,: ' ,- . '--7. t - - -110\-jj'• A,' 41,101.4 24•1•11111 S.1•so,. LO Op PPS Iler.•es., ..S. ''S \ v1111011414 SO.(1. .CI SOP•IA,. •/: ..s.' b' !.!=..z.l. -..4 :-- ! '51-=' 1,--. ,_,.; ..._,.. C.S•1;.1..*,„,..,,L 1• '. . -. 1-i ,_ _.,•_ •r--.: ,-,-;'! ;P -''''.:-..I r'--- --, . ,,„.- „„,„,„. molikop.110.01.. HIP WIS. \s. \\. \ •-• :' ' .2.s I 11- 1- --.•.: - 4,------- •-• vw---L--"'---- ---- laz,L .,.„,y.„. '1 ' •N \ \ ARL51.4(02.101,11111 UP.. ISM.S2.fra..„. RECD JAN 2 0 2000 .......,..y,.,...1 ..•n...n. mts164.fflx Alms.1.8,44.0 Ns,. orier•ow sr.n. st.A.•,Ar ALM'i 53 Oi r.,, ••••,:._..„... ,,,__ ...I.4 , ,•,„,..;,,.:,.„:,...- ,,_ ,„....:___,__._•_.:17u.... ALL._ ___... \ ,..., s„ Ma.me.: 02011161-1101 1011. 311111.P1 14 11. ..•••• v 11,101.1.stn. Rol 46-1121S1.11. ',,r,:,,; ..... ;•,, . s... ,,s '•••••• ...;"... CIA•'",./,S.14.- ....,....." .-..-1-- • i 1,PRLICROP I‘STRIll PROPERTIES ... MIS.111.1111147,. ... , SITE PLAN “Vc.r.t...Zirrir. a Ir. 1110.01.18-02•1 PI .01 111.130 SO.”.•III CARROLL ISD No. 6 ADDITION ,.,,,,, ... '..'''...---"-',_•.t.=10.49!oe- 1; D'AWLLA'S'S.l'll"!/"UES201,, ''') ' '''••• ' • .-VI- ,02 25,4 ,..'....'-•-'•-•- .41 2 '' SO 1.11311 11 1112 0240.1“ i.i11.s00 S.s1.•... TO THE CITY OF SOUTHLAXE TR E-SYSTEMS INC.PLO.TR si i ................ . . MP 0,0•15[3.SIO•Pi i CP11.4 1111.•00 WM,1.111 TARRANT COUNTY.TEXAS P.O.Box 660241. i I BLOCK A4 CPR CY 1.011 REING 42.424 ACRES AS RECORDER IN OALLAS•. /3266 ..- PARKING SLIIIMARY VOLUmE 13014.ME 540 VOLL.SM.PACE 1530 / c.F.7....„.. 444.s. ''. „.!I ..., 05 SITUATED IN THE C.13.AIGDONALD SURVEY r.....,M. . ...........•.e---*A4,....••••-e... ••• 51101.11 ON FINAL PLAT AS •1•011.111 i •l ''.... LOT 1.ILO.1 - •-'31.. ••,•••• 12,-1. 'PIP PROS.•MVP 1101.1 I303 VACES A'MO PPS A estRAcr Ro.1013.TARRANT COW..TEXAS ./ /pl.1.1.1.11,31.04.3 1.11 1.401 i ;RASE 11 ',• A i i r!f-..re .2 'Ms CUSSIKC 21 PM SHOW OM PRELIMINARY PLAT AS 6 / . '.'.20.- c"1121ITL.t 1;121t L. 1- / _17.________---- _. 54y_ PPM 11PLIII.W.i'PIM 110.i•Mt PUS .,0•111•4 SYCES1 1•011.1.•PPM. 1 SOUTNLAXE CORNER..ROSINESS PARA, .-•". '.44i - ..., AV/ RALPH SEGARS 1,„ A Ri.75.3,.00: 13154 COIT RR. ,....,211:6CLI. 3 .93 : .1-1 SIIRVFYIIR/ENGINFER ARCHITECT MEE. ..., 4,,, ,, 11132 YORASPRING OR. ^ DALLAS.TX 75240 , I SNIT ARCHITEcTs CARROLL ISO CARROLL ISO STADIUM i.,-. ..... . ss., / DALLAS.YX 752. .. WORE 13151.PAGE 100 .:. I,1 r.'..2....tr:st:T•91.111.E 200 9001 AIRPORT FREE., SUITE 570 Ito,N.CARROLL AVENUE e' F. ............•••• ,.........g.,....„/ VCA.L.11213.PAGE 234 OATCT I r I i! CATCT ZORID II -1' ?:I ARLINGTON.TE.3 76011 '• 11 •Ai''''1;11;r-BS32 N.RICI1LONO RILLS.TEXAS 76.0 SCUTRLANE.TEXAS 76092 .171 416-1420 TWO LOTS OECE143EA 11.1999 i .......::_.• ..' -., P'' LUZ-PICUSIIIIAL L.:,. I., CON1ACT:GuNDON JORNS FAX.....211-0713 CONTACT:KYLE BACON FAX.171 251-6622 CONTACT:JOAN CRAFT CASE Co.21 19-132 SKEET I OF 1 I. • ajl' L` L9N/-\12' y ��/ I t ++l ii. 1= d �j "�. ^Il '1+, 1i.- 1. ' '• >1L • •••«'z, ••F fi +>_i.•,,u_- 1 I,,, __ , I — /- :a°t�_} ;'1'j._) }.r_) •dui) °, 1 I I -;') =1 ••), ,4 (t;1 ., 'ki ^, (:•'1 I , ,•'•-0•- 1VOfOd900®Poi - Will IA 41314402E t41, I •i ' I Jc' 'Xl"O0'1' 0•d FM I j • ��iaN-� i SO 'Od .96-BB£ '1 0A (•;' , NOISIAIOSOS f I j t•I„1 - M00v3H N3300„• • :y,'F+m.o-�--;1': I •ifn•.1;: ur..-N= c; ') i X Il I+ l.'B I L- 1 !` ,Ig ,. 1 1 :I%,i_ I 1 i I I i i 1 ',!;1'.. III I kce.W.°[[' Tml•,pyM1t__—_- -" r i -- f-- .wµ °a - , )1,If II i -tlf , ar—�--- 1 ' ) I Ya e:c I -. -k II (A i j i I I i) i iI 1 1 lq N c 1 r", TT- - n %,r,"N l. ,t. , i j ,.r !I.2 v I ',.,1{•i, i , :') 1`'.. •,,,..I 'I I ,]_.— M,_Zb,S£.68N "W r '" `i''•;d''j!rl , �•, A4'j I'„'•; 'r;;;^/. 4•,? '} �'til-.6,8.4,;., „ ( , I I I (, (fir) ,) •i'i5 I �rf'-'Y)' .(':. 1.�,j•.)Y--))).•) i•1; �:f.S P. j L T -- • {.i r B� 1�,L%�:/(iT ,t^)' i.,t2,)r t•) • 13 r ir I� I y ''V.1 ' 1.1, '' I — mIN t: ) a j i !+,) :,}i ;!•1(;it') :h"..1 1 .,e,1t ) Lola ;. I (5y :.r' I ,1• ,• r' i .,)i3 I _ 13.,:)1' - r'`` r1 '. ',# '.)) • �',/ rr) 1.11)- lz MIN 1 "1 • 1'.4 1. - ) /..v is�,'( �•'. r.r,,r I, �:j; b ,j:-i I,. :,,} } fit,"-''c: ''':1 '.1)'''''..;--)-:. :,-, �,?. 5�, I �Ioi;I• 'z i'• :y i :'} t'): •`' .::. „ (. 'Z.. y, }t „,, +-i A, 1: ! I:_,q �2 .,,: ,1.G`i<15id j,i' i._.r*'.:,ti.,} • �•Y✓',. ;.i'•. C_:'r L,r; 'r':1 I 1 ) :f''rr ',?�P r;('• '^s "�; : , ;' I I ;�r' )i,.I'\ .i.`,!. I i, f ;,'g 1...-, u: ,'I In.;:'t:••i, )+..)) rk:V:,iy ,.,,,; j,,,);)„ __ ;"1 r I i :} •,I,, 4 }• 'r r;p '.. Y ' r'-'j1 '1 I 4'•Ji .}: j ::y, ,,, :i.) ;-�(.�� f"�ti (` lit. x E 1.�t} `.. t-�•�` Y•.�. , .') 1 I (t,. 'I ,f, , r•, I'• r ,..s"�y),• :.. in ig• ' ) 'i C. r ,,i,r '1, I I.' 7,;';,pif.:1 ';-) IO. `7 ',rI ir•l Ai y` j1 1; r:-' •t)rj:)`,,,., •••• ;";{' 141 1 " �.. �- 1;1.'i`,;S:r.r�.••:!(' o l :•�1 '(c.}i')) '6) l"f: •''' I , `,. , y .I °.-I .,,�;tf)¢( 1 • .—G..1..1£ •..' i) .I.r'i,,LB.)' ,.,- -•."4•••�.+ _•_•'_�____- t,.4 .- -,,,, =-. -ii,_.1.=)-------i-.r, __.__..- - '-'.a}'- .r{ ,4(71 6seni.. ;. '-._:;,.,._� _•---_— —'-�;s5•,0z- BN•----•-------=:=>;,,r, -�.„ ••--•--•T •)),...-- „,i `1 L'l lb - ,i.•,. ,WS801. '' r••1 .. CARROLL I.S.D. 407 CHEATHAM & ASSOCIATES ��.ro ATHLETIC STADIUM r( " F 000SULTINO ENSURERS-SURVEYORS-PLANNERS 1, tl1Y1 °` SOUTHLAKE,TEXAS �`1 f f`i�, �y tt 1001 E.wue BLVD. sure zoo x —- -- '•"• •.",n '`?mn'iiti'`" ARW4GTON.TEXAS 7e011 X °`` TREE SURVERY �' (017)Oze-ooee METRO(017)e00-0e3e ate$ k 1 \ [LIUIIIIIIIIIII-I 111 I 11 I III1IIU) 1111111111111111111111111 IIIIIIII11111111111111J /0/�� Aw50NRY LJ� VENEER MASONRY- �� 0 O ❑ VENEER -.�` - _ r .. .. .. .. .. _f - .1 I _ (xQ� 0 CC W J I— — 0 z W ® WEST ELEVATION NORTH ELEVATION _ 0 LLI g Z 1 - I- Cr) II IIIIIIIIIIIIIJI II in Hill 4:H " JIIIII1IIIIIIIII1111 4?:"-",:�,III111111111IJl LU I— MPSUNRY - • cc VENEER '�._ 'tar —� VENEER Z O 1 /I co Z Li W Q Z I— -J oC ® SOUTH ELEVATION EAST ELEVATION 1/16'=Y-U ® - -- J d 0 U CC CC Q 0 _:. �E u. 11J5 sr tld r.1, Jan 1B,2000 110 i REGIKYLE L BACON MY tOCUMITS•Ist Ma EIVAI INIIIM�ia•somu.nu•r. I. 6) 0 I 2Ja I- aB 8' 238 wrmiycmnruwosn 111 1 J9 / 5 Group Inc. QD dD® TRANSPORTATION CENTER __ SHEET A NUMBERNUBER EEC'D AN 2 0 2000 1.1 SEr NUMBER • Qp '" p t.p ` Fes- v� - rr1 U- 'II. ' ° Cn 8 CI O M Y - 2B-S- ffn--a# IY-.{{ A'-: ffy-. , T QI 1 __ 1f% O '- Z C.) N _-ril- li.l j . p w ® z • MASONRY--•- z�C:y; --I VI VENEER `�O"`n'� �'—I I T J 9 1 ' '9 1 i__la CD VISITOR SEATING FIELD HOUSE HOME SEATINGCC Q ini EAST ELEVATION C.) IMF 1/i =I'-0- 1111111111 Jan 16,2000 KYLE L BACON 11.15111.0111.1.1.01.IMO rrvw-ANtit tog i.sr`at�rel.aur `A CARROLL ISO I "-- I '..ram, I I R 1 I _I I' 1 I I li DRAGON STADIUM`- II L I L L I 1 :;s# `R;Ves. v .� „z. i. 9 gm I" y Oil Yw' � �n . • '�� S Group' •„'e' as �Sd ,,,,Mf, I 111AlbSi.J' ll s . ... � . m r m m.1 .''''.r- SHEET NUMBER M NORTH ELEVATION ii) j J �t 5.4 C I/I6-e I'-0" ----- PECD J A N 2 0 2000 °`— SET NuuBER ...•n' ak1 a^s el t.:2ii to tfit/!IAG n' J:Tb' I:bi ael E^I 1ie Ei.ii, :es.al? tau; i•-:a u�ria wn ca:i:oiaa]L. 193 i+\63 tn IS+!lly;a 4l1 a I:.R U'4 ar di:aoa :It:i5 fil I!,5',:d5't'9?' S.5399e f5!La'44;e:+ U iat a ,:vrSs7,t.?ii I`'f/I'll: a3 .L at!aR ea ail IR Jd z,to],,:!ai C:a bT I::U1 a5. 111 al:Lit 1%'A .3,:0!`_ all IR 1`=C:1:C 11rib E ,:.pli'Ci4 2f5 ii9111 a SH 11P tin:it aT 90:A EP 9T:k aii 1T aR a:: .a:2 ei.ai:a Oa:i3 11•,,c34p 1_ 2R:!IP a",EI it:? '�.� EJ -•i' : c�.V: Gi. !51 L'J ai! aC _':S 9 :i'4: Lt rS' :i , Si:i �;Ili `-'�%�:di' �+Ci: �: ( )T'.ail: 15y, �•2i.14 a?�??lA5d.l..s N ei:LC ail 9.0 a¢:ia:49 aS l.k:12 a..G^ ! ..:Y.c; I!_'15 , ru3 CO atk:-1;::•J:.712 214 IP. • 1 r^_-^r� 4,-1 I ,e° ,r3;y 1 2 OP l45 i3 2 2 1-iy Pk.i.. . 1.i;6 CI ay a. 5,',ay.yEu e'Sl :: Lil 66I4 i{k a i 111 ID?i.il.4 IPx jai...iaia„I tk1 t23 31�j el.�:.,:,-li k::e:_,:.1_1:_i::,1. ,q' ;kl L5, :: DI Eif eS a 41,-Sr,.p!'2i;'la 111I 1 ]TI{{] Yl..q 4,aF4 42 ..•Iaa ch t"jaW 6:Iq 9n 4i1 k_•ai\CR 4.1 td Ili i. +, i 1'4 a: ;JI.4 .c aL a' Ii i 5•...Si.2_1 i 19 Ib5I4I1rgle lik 141 :3'6 aft ka,Eil^ 6E'CJ et:La lt'U a: z 'Jy al]ka a:4 '£I: S4 '.�1i11,:r 1 n O aA 1 Ttilc+ :t4 t:]li] 9 li,Id I1 B:nd blI ai G1 it kd:'�I!1 LK e]il5 EA 1 ill :9 19 1(1�:a:. CT :C•31:13 9_ ,•l4 e::14:A1S✓.13' O ,/,5 ail a u_ka 1''.1''9.i lW zvq r!lil a:Li{/j '.l'l lid :I9 0 {t�uui hl'IL IA (k ''A ei CI1{S i.. 61 IT:4,11�1 1•, �Jig f:'uG_4!, T C y, 9 a• 1,lyi`13:i1 l'ul 3 pi an ail {:iat id a aiT7 kalli3 1 is .�a I la oii'�1 ly e:`i ::i li?.z'1;1- kl ti,lta at,ps al li .•ice G • `�p l :I� e a 62 a' %?an 1a ,u5 "1la ak cid al l'i 111'P!m all a]1 I:x a6{ala:j al i is cm ail Ein CPI.ex ICY u1!::.I a a3I ea:.: :i 1e Cl) - -- an a..k;. s'..ti;tk Li t ,e d,{:„I°'•I t,i•'':i.14;,u^4 1;,1.'cdt ka:il'-1 "q 31, `+.-S,iil: °i; :I:,. . :5 a • oat a'ale a ei.•�9°1it'8w P. 4 a' pip .1 ..,.:....i!x.L Jo a.i'da„IR{Dia L. cE jYi:Ii21ei5 1:3 5 In!a'14,iniak.'u I._ ct 331 a. I]a.i'2:5 11'av, S3 ' a)5 1.Ia,N.a^•.L.'r ail:Y am a,A E6!..:A E9!I'm a".)i e3 v'i4 C5 is:i :l �Il'2ri^:K:1L t?till Ji.4W::stia 21 Z I/\ W Cc;a_1 t !- 32I ib.i ' a' all pi.CS ti,a'�".:... .A C.• +. ,n,,.T a21 ar.IP as E S 1 :,.: !:I i::_ E3°.:3.f:'11;`i!. W V'+' • I STATISTICS A Lla Il s 4',,,):3 2i:11^ 9i4 aR al.a16 1i1 1 1 Jal al lU oie i i. 'it ;_I :0, , lr Lb T 14's I Q L- iQ •1�W M 1.e r rw. ...•w. ..� 4' 3- ..•Er..i.I.J-`Pa-....,:i. J:]' - - __ I.iE .:i,.i'Nt!1 i--:r. . I 1,,4r'A' :fi Z I -i .uole.la lvls r.• v.e u. ,a, •• a ..5: .. .a'4 oh ai?596 44I.3'aih CF C.Li;el:.. et: 2il'i•'1:,I a:,nil .. .. ,..:_.m :ic .., t."--n .1I• 44' ilu .. J = ..1 . ' ..: iJi •" .K t vs ,as •.. n�. u, -' am <; _ia ... .-,6i.d. .�•rY"iT•a^sa :s8 ci>.: �•;a_F„_�,S�':5: .; .y.! _ •a .. ^W^ ...:....� I ` {.,ice oh all a:^15,I;5 a IY 1E Sit 2W Li 41 a.�9A ai1 az en a,.:Ay�A lY e,1-e.5:id IA le 5,Ji 111 ati 1: a]a4^'1 I. _ 2!:III li+.i?;F i_:2.: . � O/� w.•Cw, rf• ,•.s 234 r•1 1A1 1 a),,e1::11 1, .S. ;,ya - 3 _ 4-L-. �__....`.-- -l_.. '.E.'_.I. LIJ < V 1•-P.w n« III 11t 201 225 ------- .�' -51.„if--5•^,l. -. 5LLi'2 23 ..1 ! I•3 \' .t. .�* •:. a x'A 2?x��:,�a.0: ..:: .:<r,�+r <--•°,1:��,.?:rvr`i.:1.;_+.;ra I I cr ... 1•...,•4+rr° asc ,,.e 11s .°o, 201 419 i]lIP t1 _ „l: :S,t11 ni VI I1^�9Y.5_'"31'r cw'!y• 1]Z 2«-/Z.->T 1. rs 11 57i:C-i::S:i,r:...:e}:i..l li.r ai1-.ri i]] 1f _I'?. _ Z ! e4I i2:i3 .,.,; .'3a,)al;Sl 1:2°i:\a3;�..2i'.^H,. ' - ti` 1•'' .. \ 'J iIC,"i�.. , ,.1"rNt-e 55 lit--)_.^L,�s 1'�.'1'-�'.� f�p Ir!_i5 P:,i: :f. • vi 31.,4 i•w,(5YR jal..W;!.c'.'49�rir^„.i%il3 iayao6'L.'a a tie L=1i1 L'+'T1--,i1:-[mot=,++T3�..ig;-_S.T:I 0:I.3, A l•'' .. GQ I •LUMINAIRE SCHEDULE Y file}U _;li y.t52 Sk1::E�;;i.•111,...te rt,:%1! ;;. 3..'pia`.,•Ifa:i,;1/1.-_.- a -:I �` �'--t- ai I..all J l .r. Lw .M� i .23, 5 lS1a tliZe.:l1'.IS\:iSe.:i]e.3 q;..[ Y;:i Ea:--a�:i,..2_=: ._:_S 1.:_L_1" -_- .':I:.,.L: O \ ( P.,:Ii'159'fi5/1 j.:i1T:4,/...i)POSpe:11 2,✓IW:,1 4- i,a-+-,-til --?•`-`X<:i-f?-{u 1-vt'�55,_ t :1'1 1' .,,- .. M l • . r Cm,In 1,tW2c.04...7G. ° al' r',N LI r tii 1i.2'1. t:.5-,i1., J11 i':54V if', ,-tE ..1f, T"!' :I:c C. '1. . L�i• et .;'lii yr °Y'/X_ ]ik..;:a� ,i•...f•1. Ifit;,-;!f t-: --;"!:Tr-r�3[5 e4-,_�5-:'..i'?::4:Fair-'- :I:: .I. a .. .. TN...... •r 4. _';2._ 'vl\ti�'''Si.%! 1r.r1,.r=.-_-\i:a,,,,,,y. ,.I '. =i I'._fed,:Lam: -4:._ = _ _ / ' • .1.0100.0 COMAE SEMI. .0.647.r¢,1ow ., ✓:qiy ::3-h?'s;i C:�i1:_ - .:.1}1?. Y'% :r 'r l-ifi:, :. ':' :: i`: :i 1- :5.5, 1, .,:i .. V 1 lit y/•ui s 14!I3 D...'11/ 1i. 13 313..,r,5.lii lot i 11- ,`1-_i, �1'�si,a 5�-,.::L-W-33 4 112_^:: si:. .. l , ,• a L3i24wFA'it LTREFLECTOR SI. .awrr.41 ° 1s';‘,.1(..).; L J ppN 1i_i ?.j. 1, ;:ii Vi•,fwgr;- .r;e, .i'/5'. 5 9a:4 - ._--1r.?r:,w-lir-L;-Li-1_ ._d !•" :.. .. l 133 ,..1,.svenu.euss : �A 3i.3.:.i•1.y;i IN 13° ,le5.53 li: .i?1 L' _'. _:k^ ! Y I._.: ^:a a;"'IYiJ::,'Z:'.'_a F"]a 41::f-'G :,y f '1 I .... 4.,„,Co.o .w ° Si, ,..6'%V I_ i e,!:',5'2°A 5. 5E.l: - .:Lk: _2.'1_ i 9= �5'.i ?-. _ _ ,125 C:1 ek.`,_'i_. I T 5773..,t. ume ,° C'52! >C1,--_--1_1�'1'• 1r.Cr!:•,-. i,; , :\: il C-,P.b 1,,e:,1::W:' i'I ':. ': corrm1rPaA� JvtwE,s ::9 <u-"-S._i� .i•1 Lii Ii5 1°;tJ9?4:.v ii-L5.da a' rc ,��^^� l epo rot a I ell .'r'}.33 511:i3\335":.3 1a1 ti5 5h5 oil 34 l PIA ail aii._ail Z-.....IrT! =15...61,1:• 1.1.,. :I.I .1 4:1:I. i'I ai.�']-L7."2 6.. .. ___ 1 ! se •r1,m s. �.c w .n ais:[�t1.i s6 :t°^3ie:W7.,�i[. ... : . .I f_:, s; r., a+.2' -ay`.;,a .1 i'cS _ ...,... .•s,asoTa. Pm a:'•^,.)5:11 1`..,'j..-:•Sf`. rt �'.` •.:2 3„ILA. 1.*.t✓II 'ri'' e_i..,'/_.'... .. ... -- i } m a ,„,.,EmMW MLA a.¢,.Tµ as a: 'a 3.?Ni]j:-.3\?-�IIS,a l ;sl? `V2v II` S l-le.'+`5'` ..` ,if;�ll%:"!ry'-'`:I 05. -ate.- l , ms,wvllw nap °�°� 135✓'siii IT t 4.i'1i,aj { -613,:...I`.1 1},�,1.14 1-e!'A::4^.):�2'=]":o 411.--Ii.: Y .__ - :lal .- ..: - ... ,lIii5 . - _ l:5?I:to! . 5.• t�`' . ii ]i•a -.._.C..'R1J,. _. 9.Ji5 '_:-.I Lk_ . 2 s , ..,,,..,..•.. ..f. °R NFur ,- _ _. .._-__. .e _ 1 .11..wno. Fos L __ _IIIL ..__�•C-_"P.' I}'^I!" L3 3 '“;_. :,, ..� .s. 141 - - 1 f Y a .v11,m1.ss ' ®y�.ur a 2�5 a,04)ia 4:•, D. 1,5 a4 I.titi:cee Da a.3 tit LA r Jn'1/rJ:=� a]:.:al 0:5 Le !..5 I:t e.. - mMI 0 srwurter. ros 951 9$6;1 a2 9. el,Sa,._i a'LF 4. 3 9x 5':1 1a):e156-.aii:.:•:i3_Y:Il I1. ..4'2 1:t ,,_ 1 jr a 4......... P4u°uso2366 2* ® ° [I il: 1 G ` - ,`-C til : '.y' T'u t�:z 15M fi'r-. i �. 0 ro, �° - a-1 2 y (� r j A NOTES ' `I �(1 >{ ii �U�V (�/.'-....:'.-E_-. -�-- - - SHW Group Fc ,..........r.,.r.P.. LIGHTING „_. E -.-1-.•PHOTOMETRIC SITE PLAN rz I I ales,UI.I'lure ei.1,,I1e..Inc. 9.0b ..:... Iwfi. T.i.e.l•at awi a N0o \ .G a6 all eh at ail Az ohr d.-oh.ai ots ea olo ale et.of al:at at elo all 0b ai eh al:oh cte at oh a6 0E:ate ol:.v ol:lobe oE:of ohat Azat:of et ai 011 ass ols of of.6:c5J•eto am a1,i alo aye saoac..uu 1a11 Blom ,-01,Ittr-e trx 911-vir301' -sir-cis-o.Srbis-tee oil au ou At oh a45 lots cia oa:Se lots aGoto o di obi oa iO1 oio IV die iSs at!ah•old ois 6t at air ols•o1s oh ate a6reli a00 ail:it els ale oh at o3i.•o6:all it 2Ei as OS C, \• ._I ,�.m 6a-` n6:et oh lit As oir oh a1115.5.c tiYSs.z3o 11:ill Lo ou 01!011-011 eh III Oil lots a4t cis ohs III esi OS oh 0h o5;cis a'6 Oh ON A.0U 014 eh Ois.et Al nil 0lr 0!1 II,a!5 ISO et.eh at als it a1d at.do•" I„._ rcelr,1•ueetr Ix.11-- al!at etr-Al 115:S-...rlsri;-ti 511 1h 710 is s;9-rir Li ai 1' "iIIiiir-rhl 4r:w:4p sutra,-�•l44':Ts�51 T517Eafsfi--oif'its'n-z,S7-10?*'ii 7 3(:3.44 6Ei t t,-!..',S 55,-e3;::,,-11.-a 6i e3s El.e67 oh at 4 CO USE Putt '. -Axcxea orals;a x OS o1i7.1i Ili i1;,s„1i{0e'RI Ile da tt:d1 tic lib as 16 161,t4_ ss]'=,Sa S.'a.,b 11s-ror-fn alsidi-ois.ls 04m Its-khix..V:11i9e ehf',i_,i.Ilse• :rI1•eI ed.i Ai p 5i1 i1e*A e1.11..Eu oh cz r.01,ao 10030 •�• ., or e..alame1 s aSc-ii:l::r+i1 1il.tie,ile.st9-Itt at 1 11'IL s50 As I.ii lfLi1 d3 S1T'i},Ii1 fp0s 1.5;-1�d1 do n 1So Its-Ai-it Ih Oa Ifl lit' s.2i IIa 131-it Ito sit Idl:is:it:d9 I53 ]E,ot3 of it a1'i A.oh aS w x. 0 1 I { eao snu ao 0 1 a61 loki rs 1'0 t}.�TS:-itlo:Ts,, ;i0 116, sfs!n-r r ;p W:'v Il..r3 1so daljie Ib 1`n•s/1h.41,I tis: •If ea�s.a::{1y�}s 1h.0ies r;.lti :1:le ,d:• A.oh oh et 051 as of ,� 'i�4-1�� "% . ail 63rBh::1?t3.1�9 f11 LSI i'.e-1II}di:r9 211 112'SiO-1 I li s-'i ti9-a.-.de lit-i+.-W 156 ,Za Ad 'ii It9J6,IG s 121-0ii-ll1 1t1 �LI•:Js ISi.Aa-631 Sl'1' Ili_'Ai 1!.et ei:oti ate Az O 1/:rc 007ca1- ,Ir 13/• '%'",,-00 10 0®lu 000xo ais 010311Er:6:eta llll1111 a:s•tls 561.ds nib lie slo-is sh-ti-f31 li:-.1�-ls`s A.-.39-r41 IS6i:;-ldl d1-Fi-12n dt-62¢-s19 119-Ai-tie I6l79147-4;d9-,19, efe-en-a'ribs+-.4 li9-r€it:o3,'01,II:a3i,oh at O __ oh ats_oi!:t tio-71.-hta:AL to iti-strnta'slseit-It 1 oiizii--:h 0S0 1u_.61 i{+h illYr-V61 BS6-f�SI e1C P.T6z Az-Ad-TN ri-dtifi 1Slrr-h I.L•-4.rc IL 199 eS us=As ot6 et eh lob et oh atx..o Nml lox I ,-0 O'1,,....no ois.I 1 fx'":Sy,fl,h ea:is-A.at I. SI'eis i13 oliItt :11-,1111r$s-•E1 air at i1:1.o 1i1Y+lJSI 1G-+!;tii1 aGj_ 15 to 51:s,i:s_AL.91 et 111 :,;e l0syt it el.!GI:ili a15 ow a1O M:ev:010 01 571.10ool I Y 0awxo vao . r•,� _9 X [.d. --- -- rkh a�i1 t1r lis 1i;os11 ass et-As IN 15 Qs.l.'v,air s o5e!^ss 19 111L1!f:0 15 a as 1E111]g±d ISrl ur o)oc( -1 53,(1.16.111 1hf:s:,D oldak 18 11: e 1 ISs+.il!ol:i cEe ii1 o6u loos ofio V �_ �.BB.e�awn: a:5 e1relr 15 i51-}Sa ii".il:Li alrilr3A765i 1n ih I r eis .-isr As,0.0 113+�lb lots�56 a Air ":'m s.S..." ;olz1 iz 1i1,2.0 s11'",=+,+s o1s•'Th si�n sI:: elo aSo.1.i65 co..1.oh Cl) Cl W ----- ocxcx¢.xs:Aes OS 010-LI 16i eis S4S,FIal1,1'a I.Its''II.'d1'n1 sltl It-.9 l6 Ids,I,•:1 Id9i:H+l Its-i5}-ikl It5-uiw Ide.I ota ISei+aa Its•3••1.Id9.i1.."116.740711 IPs-liu Ids-s As oh at iii e0I oho all I Q l • • BASE RAH.In.10 ( -�--� -i-a x ------� II CA,1e.0 000 Br I.5 ail OiL•}::1r'f1e 1.1c16S111.11, Yie 191:9.1 11111.all el 119 i IS 1-a tli it.1:;.5"111-31-,d5 If.f.969 ds rod-ea 111.H+a1 I!1-1rf-ryr 11.6-4S 4'I4 1441d1 111.'I.'ii5,IS_ eh OSe 061 iS:ale ool abl Z N W ais aILi o:S.1 6lr I o o'T1=;s itrar+eltlit-tlo I Ila_Ssds 1L-�_.S d9.Ed 11s Ihfii-d9$0 61 za dlic'ii1 III.SI 1t4 3504001 do k Ih-Oirli9:lo-A ;.Is ' i16 lots otn ou Al.oh o00 G 1 oh a5 i1.e19"iscs;I,1Si As s�-'ii 1L or:1is'do ill-,1,ii_ot�t 1i1'1'r7A d,.65,S,Ih-ufl1 Its Co d.ue'i#o it 6Ed to:1f3..IIIt..f1.1j 119.So Ei11 1t:ifi{0 ds0 ih o1c oh it old A.of Q aV_� .11+00 COIN TO I_ ale 011-01:1t11r.S1lep.:E1 LI-IG III,I1 11t,dr.1a-I 0 119113.f.10 IS•1,!•Ifriii.:::ISo.,I l..Its-Trfi dea ua Ili,51 ci,Its-+lie.i'u 1.10.15Lai0 110,1•'la lit-' ill Oa'eh it o61 oh oh I' ,..1 .t It SIN01.0. • OS she's LI.iisZlr 1;s31zi sirlSs'ailltil;s-ili 1 5 Oil1-rls-..iI1 sisals-635 sh 11,sn sEr-lSs�als sh..3.oh sL-i»-.d1 ft-]•efa1l st-ere s1 sto 6 1 16:-ieo-.11.sir-.17.7.51,A.a el.'oh ill eEi of at .Z1 ill = i'z.POLEBASE DETAIL As e3_ah t(i:1s 11{r0ie all 311-Ih;h z.,LI,ISs Air .ii(-W-.44 1i6,ls� :II:S 04 a5s1 1511.214 11,1E11,1 ••4 0S110.W1]151:1.11 1:6(414.4 olo1.1.41:�1,_:!1 I'a - GS:lots as ::1 eh:la a•T. LY -I I- 1�9.Ga:u.1.5. 03.OICe.S•:ie-:Se 1 u;0161 lob er+.is II/:ll„h,lu elr oaroe-:S6 iu-5-72 3161-its-0L0 obot.t-.b Ill 1ll'sOOris on-0i-rk:•1:-sue 1S1-.si- al.-Ai-et Ih-ss--}a 1{-e dL elfd et it chi oh eh ai_X• O 9re0O1110.1,IllaNU.Oslo.eRne.l ois GIL-I%t 1S'.1u:this-lr-T:,r a.Vots3lrsirods-zt1 I s shroti-rt9 51e-'r�SaS"-'i-141 519-sSi-Oil 1162_ittt SESTtretto SSSTIQ'In e15 Ai Al SW:171+91 Sa73,i-3l 015T=P.3.1,f51 sSi:11 . ^11 01.015 14 Ola]GO 6:. LL/ Q cn at 01.y:i".J.1t 1 4'211 Iil l0 Idi Ii6 its It.hi9 SM 1 119.1.0iL1 1I',iii:It 1I.6StL5 IS6yyyy Al"ti,11 Ill SSi a 111_519;h Il6lrtt tl IS6 ilL,,i 111': iia ate 7.7 ato.4 tlir oh9'oG sit ah oh oS Q 016 aS.-11-11s-,d1ah H1s;si, 1-sit ail;is silo lt6,11 1 I.tA_uu'cs ed, i0o lie II,10 1.51%i+-To III ¢e lb,s,,ss 11.,w_w t5,1a,"3 a 116.:.9iss Ito,.1,e,1l1 11e •• its lots:oh sit alr,low oh = Z 9 _ STATISTICS 15 a41 Aryls th GTT19'.tlsiz9-=h 1ir1!>• 1i:hiPT1s:IL 11i»w H9 d9re Ifo '�IBo�>3�i,1]Iltisd9 d..'le-±e1 1h-+si-.,e:is.iTsde 1do- IS.rt' •I] ll1 1Se oii aEs el]alb 5v1 9'0] 1 1 ais 1h-19 t:1S-1ie,1j0,1ia iC Oh iti^i 11.2;1'11;iSi:II'•.Si-01'!-40 li9-:T-Tt'S Itt 14 151 5� G Its, G_rri 1d 1Se 1 -rls':h.i9 15�i..a5 Ita-! AO A S!es eh a55 c1 at .w1■.1t m e r u` I..a.. .Aar.+ ' OS alo r is-.n1 51e,t11.eu tit,�Ill d1 nt.I aI,;if.II,:1`,:(1`,a 5 Ill r•e dr -1Sal1 !-! .Ita 1.'1 l 111 . .I1 +i { \]Yau Q �9 �'• ±e 1 eu '1ir Hi.' st As;It ohs an oh:oh lox I oh eIL�?l4 its 61'4 9ir',?•-1ij1el61-ere.aL::cliff•s e's, Os rh'-�i As, Beat sI etc: e1C S s ioL I cis.:a:e,a e6:_v B4.�ei/OS of ail:a'Bloc 0 1 I _ _. '�1 '_._. I�� ... nv. :.. s.. >a oG ai9=eb 11i i65•si,_,,,. Ftiio IFo 151'u�lv di a�u all 11l 11.is:1) Is Is`I ioS:ois ell 11s.I:S:_.la1a•:In 0v as o?6 01ii1:,S'131 Al_SI obilo12 all fit tS.11e 5i sir 1's]�i all oii loos o'.I:6a:5/e61 11...,rr 1 0i,05-s'v III 11:1.41 AG,129 110'1111ti 12ll1O 1.6 a19-.o c61 , 1 , .. - "..,u .. . Ss 11 ,F--,y'0,G ca'IV CA:ei CC I..r.... ar. ..• u. w., - u III cis Oli<L--L•3Sstin]--•S•Ili-TirtIr'ch'o1r-eV'rtia s' n,a. re,1.011.0:6 Oh 010•0Er ah o("ay at o61 ailiisryn•061 0l5^c,aG oh 0E56 a1 oh loG ole eft ei. ,el-c4 cs 1_11 019 a5.0I,.S 1a o"a•. �• I at oio at.oS:oh eh of at As at oh eft oh als o L'35 it,..'.le tie.h el;,ale As al.Ob,IL(ih oh et of,oa eui oel ail cii all c(riet.ot:oh As L3..E1.41 eh c.Sh It It ea 1,,- a i.1 Ss of at eh oh c'r. et.066 IS as oil eS at it aia ale ace aic ais Al o� t,e'�AIA.1S6'id At a$H•"•'"`4ix.0lx_n5e-•r•--1 et.,.4e-el,oa•^•ct-`°`-ii`e`e•t`:� a.•I1.ic 3.6:I A:. °5 Az.:zit ail eli ohehC.)I r.. v. uo. n. 100, ae1 at o it a.3S:`1G 111 113'1(4 a;•oh all o0t`.iaj ci 0l,ol:ol:au.oh cis ale Itl,s lkreic i-1a All Oh 04 loos]aro oh 0l1 0-S!et 1.Si'1S1 11.1 li1'i6';c`i.h a5.c6.ahi iota ott all al:04.As all at 010 1b 11331i:s• a It61010 au BSt as lots 1 LUMINAINE SCHEDULE lb e•^N 16(1.oh oh,E Lis.:li�ail 016 ell an - t ai an:06:o65 eh a1c oh.L at lot•.61.1"5,i ss obi or;an os oh Al 1.,....1.,.... .. co, .. tow a., .i o�1s.•• 1. H. ..,. I.,i at a1:'y'I,, Psi.1i IV its 41 oh off.at at o61 et oh1 oh ale a5c o etc do etc o'ssolo oil al,01,.5.olo oh ais ale 1SI fie4:.i• "Al ohs sit Al a;:ch _ ale o r s G V.:+s Ile`r111 lop oh el.elo al;Az all at ale on Az oh et ooa oh ah ai all 061 oh A.:io At aic els I,is 1•43 irI a e Alfff el.A.Act oh at 1 "�" .J5 ,H.!!! .c.nm,.r i.ourna o.: -__ 051..et 1 f d:•si]lis 1 3 56 pi oh al6 a66 at 0i oil 1l1 ale lots oh oh eo,oh 000 oat atu At al:oto.l.ou oil ea 011114 Iti.it:a 0iii ale all 631i ato ea • 0'4 0 5si0 lit.Ai Ito ate di. 1,:,......'..1.;al5 Lii oil she oh loll at■i oh eh olio ai11 . . ' .. . Ie`iio'ih i 1 It,oh As a111,oho oh wrA.;'i5°O°` 11 en i cii a r•-ah;: its ii1 11.ISi •nS oG--5s3a_. - Az et •.Ss fit.341 S.•11,i.-I.06s1 oh at o64 ch at I . .. u o.eus0 r .rn6o lrw<.es1la. eC lo ,6 'Eya10 th 1• Ill lh ih,.Il-Still oteloli ol1 dlciati oh' it:oh ole eteleil a6:'Salo[:3i it a5 off 1::1;1.14 i' 1s loll eh eel.41 low a% ,`1,• i i I A.,O era nau. oh o6.c.aa I' L•11 a1a:15 Ilo 915 it tic de DI/ i6s:oll ell ito1A.offs Alton lobo It!Ai oh it lull.11 it ao all 'As:Ell sh i h ehiai.civ seal Bta eil a . 0 "�`" 00011.1.R 20 a0 lob o6-'.eel 1 $l^41 zS: 11Es etk ii:.41i cE;4:ele At oil ixlolroa ialol9 ale i:01ea a3t 111eIo iS1 it o1�ti ;Ii I set •s:isle^cis'Blob lox .^Hiallaull�.•-S �' is tit -- se - 011 o n:lYl,mti i. r le At ih ih ois le,i 4,ihliahl 4,iFalcN a 0 i,-010,lob!ih,oh it ihlah oh ttm at e% }k I/Ss 5u aa-3t Aloh ois et.lox et I } s" 1 jen,®,p oarw ®�e 0 , 0;1 o=i1:'�34'116 Ile Aioo naafi i eEt Esc i0rlo;i ob1�1�1eyn.,Eorit17ai,.6e.E•5:eu:{II eila',oh e6:c. et. 1il('1.'stl ais-is 1ia'0ic lox 0S ail c:: 117.31 VERTICAL.e. roe, t'e¢6s1„�•.1i eb is Lis la S-ms a:{eli iir{st 9]:avilA c1p a�+.1A OIn it aY As it 19A 01e iM e • ::this6 11;:Sb,cs cia;a 0's r;•'-'A` J a9-- 9. v n .sr„®1.w "°Eratr115, 0.1....7„ an OS t�Y.e�ems.si st f.11s sip i69 eh oh.do ItIat.OS:ih:oll eta isi:•a 01±ih;eh,oh oh le la cot etc ch as Ilyl it l:h.k'�-3] siaa::a•s3a'ec1 at I e.st+a :t a,i-=:.:!AS;.1t 515 111 I.S: "Ell 11.^i,l^il rt.i1•',:1 01,e1:'nry_la ix'•ii et:y„4 sO'ems( - 4.1 66.571 It�lit A9 iY-1,.15,Si.:6s et n:.. d9,uW110" .a6 Ohl e'GSS O :1000'1'e-1L0I 5i oii 41e otTrS airlll at O e tt-5,5iaief-ah-oto-Sx-SE(7i336u eto la o.ts cho ::LIIA:05 9.Y::30 111 a4 0101:.E1 aX ,}l iC } m : .w,0...w '"" 11...1.11, lo NOTES ci, s 313 ii:1Sa:.5:lots 09;o�ais aii e55 0-1.01:;a11 011 OS a&,nio oil eb At lot:oh ou at.oto lox tc an eh i:Eo.i,i s.h;111 eG allot at - i oa0"0,..w PM _1 I.- srIf Mans KI at 1Y:i':E et.1k:a-O_o4... al,als.1.a6.IS:-a}-1i.1.1.ato elelirea sit.Erna o%e aoa a;0 a513:et e.s .Ihlli:;51:s 1..1,I cS:l:e3;I clo et l�1-.D J!-ii4 G V ?000 - } . , ..,, „H •+0.• ®..9031 .., ..•00010403031avtw.lm..�m c'olr,1A sd'htll 111 Ills' c49 0l1 c6:ois l 1E.6c•and aal ixm al. _`4rk•esw! .l+Illini: Si0 :l::Ss a's r `---`., i ,,,errt,,,,,. .;s a4.C"S,6I111 111 1N 111:b 0 .ir0lr'nh I • l oh all loll OEi fir'a(t-a-o-,6e-e_'i i. :.e iG-7i6:idols eta 0],:f•1 ei p • - ^-^- -,s;:__- SMW Group Inc 1 } . : Asti sera..ws A'.. uwoE on ;"Lto52.,.; : :'c•-L".^.c.�E..• ._ ■ .,ye. LIGHTING s.= = - _ E ■ a - i.-. PHOTOMETRIC SITE PLAN '!I!Estes.,Acflurr 4.loin', Inc. j ., ..Bs, �r..n'".e` 11...4.0. en - I 9.0a I b59ne"rxw Fos ...IN HEX. Intr.116.is},. -.^ 001-5a1--2671 _ •9:6 . o g P21-g"81 I-:' ,• 1 11 ,t •• _______ TIOI .. 0 , .... . --. • . -• - . ...-- ,,i? : il ,• • CC :OULU.iolCooR N.COM--„, . . . o , . . . • ' r---) t r jr— i-)-- ) r ry ) CI) MC?UTZ ..- ...,• . .,_. ..... '-----l. ••IlilWill l'...•••C.J'''. '•." ' ' o•_-- 'I'''••' ''•' ' COML.Or N...1,.... Cli ro...th Co.- . ::''. ll,„,'"'.• .R., ._ . '- ----'Ll;- -L.l. -7- =l:.1 - ,..l.,.. .pcvoiC l ' '' '11.1'7,ir 1...1'. ..!CM SIM tar, :L..: • ..-.--..: 4,,..._ : +_..;__„_,.., ,., 7-,..lit;; -,--',,,.- .-7 =_'__--;,= -=: --_ :---l..1 C=1 C;EZ, • . oal _ , . * .' ;:_.1.1L....l.•,../ * * * ••••- , -`,..." . ' ••• i 0 . . - - - -7---- •.• --. --..'Y.- .__ 'X'__ • ......-X --7-- .•• _,.•x 3/as COnt.ILD . inOTN loill W..et ' . , L l 2 ll7•`*•*' Co.) X4C ,..., OnoN0 ROO Il OVEN..dT STRIE.... .• * * 1.-- ' 'L.' •• • •••i'.„ '-•''*--' Si'--• C=1-"-t'--1•-' (= =1-l-'±'-1:-1..- -I I I --(=---"I ,I t r-c----)--- ', - — MK. . .• • :_,'. -...- '.--__ ',Lc__ .2._.__ ___ l• . .. ___ , . -_. .. .',•. _c__. - * CO CI III .,• r --- L •• IL v..icOLOCuic f'•,...,_.1__ , --:---•• ----- -..- 11.''E I; l„ '[WAIT.OLIII., .- , .,.,..,,„o.......„ ,..:._ _,_' -..„-f.,4--l-- ---1--- -!,.1--,- -f.-- ••-•-•li,l- I.... Ct I... I . ..•'' BE COOvCCO V 114.S . .• , • Z U) LU I, _l____ -.--- . ...' -"' l I --.--;7-i----7 ::•••_ '+.-T. .:. -12.- 7--!.,i= ,-._ 4,„ • .• • i ;:: ILI 0 , • • ' -•i.•I = =1,••----- = --=',_-_,',,,—1--- ___ =_--.:-.,,••—•.--- ____ •• ;:• ' ''• CI — ' ...,.!.TO E ,. - ,.. - .,,. --,,,,.- =-.7 -=,',.=-- _ _.__..,.,,_-_ _ - --.--, l• •l' . I— —I ,i.le,,,ogal ST Man._ _ . . LLI --I 1— POLEBASE DETAIL _- . — . . , • .„.. _ . --j ----, I I I- I--1--I---T---, t i-I---I--..I 1 I. I •( r .- ; ..... _ — : ,, - ;.-1; 17='f•.....:, • ......__,_... ;-t - • - -1,...,-.._ .....--..__ _.;,..,__ ---2_4-_,..- ...;:,_ .. : 0- X IIII-V,Tertlf;r0Z.,,,, ____ _____.•,._ _____. ____ ___,_ . .--• t 0 • t 7 __. -„,_ --l.'- - -_.' = = t --- •- ..-- - ,- -22- = .,- -..: . ;.", ....-_,-.2222 .... _',._STATISTICS + . r- - --,--— —'' 7—' — '' •' •r ,,,..,. ..1'PirmsosPon .firs likes My IllopP1PP Pops. , -- CD - •,-'1.--I-7-------7'. .'. --.-22--2•fEl•:---E1-- -' . „,,,..7_124-....:.....1- ' . '''''' ';:--c. r.MOM. 7011s NUM 5,34. 1.31 131 • 011:3..r CC 1 so.Pot, 211s 101. 01111c 1121 .1 , -- , • __• . ...1S, _________ 5T3r T Wry no, 1.515 1754 25,1e 7111 371 CC - - - pp.,'i-Ls too op.. ) r .5';; •'si „„,.=•-• Er- :." . . i • I ti 1001 371 . _,- -----T r , l'4 Co) LUMINAIRE SCHEDULE,,,. CtgoA..O,SPSS,.IN,G51.S,,1,P.,U,,N-, o111.1r,0e95 2111510.04E57OTWAPLAS TnPIuO CWmilf,.A PI. '4'.,..1 -,". I ' - 0. ‘ c ... m 1 - • •I.i.IIII L''1"i.51,V''-.".5.•-.- -*-" ',•' iiII 5',-5 p ...,5/ IT .55- .--Ts T i . 1 • ‘. 551 r:tr c..;,Mr"-;•.'?`" V1=7,.....V.' I „ ;; , ' ..„,." I , • I , APIODIED SEM. 1505.120NITAS POSITION . .‘',.' -.... - 1 '' ;:r 1 , ; - : ! 5 1 I ; I _r r I: 1- • EXPFUSE , ( i/ ; . T I I 1 .. I 1 T r • 1 r--- SPORTSL1GPITO ONE ISCOPATT 0...P T -5. • i . Ti I. 11 ;1;', • 1 , ;. EIHIP : 1 ;1! . 1 , , : i i 1 1 1 1,; ..T; ; I'I (..55-r I • 'I I -': I ...., 4r3,1w1O PPOOGUSE 13,51141r1PS PPM, ...3 ,-.„ -.T. sT , • T ; 4.5-r-Tr,. i - ! - I I --'-. ; ; I; , .. ' II" I PEPLEaP,3,0,5US POPPS0115,1503 .• .'T • ' '' I. ‘. ; • ; i!' • • ; . ; I 4 I ; I..,-;,..,- ; • ; "T' I il, T r . ir . . .. 11 ; ' '';Ii ; ,'. /';'-...i :f.' ,5 U-2,-,T1...,.'15,15.1,! . :, : • I i 1 ' . T ; • .1 13:- 'Y • .22.202.2 rtgi-r,Zn'. s=7...,.o .22 I TYPE 3 VERT...sop...up DISS151811110•5 POS _. ;.;.,.: -; -"5- ..; 1 / .. . ,,i • PRE.050.1 501.1.1E AMA 05TE‘030.P5TOT OLE. t I ; ' . . . POPVTAROSPROw vuoilcAleASE-. ' . • • ' ' ' ' l _____. 1 ' i ; 1'-'- •--- .., ; ;; r• I •• I DISTS111.1110N PCS r5.55,55-_T • .-------- ----. • ,,----T-4 ri I.' I .;, ': ' •_ : TO3 17.3 5...3 1.7.54r15n;';''' , ,,z-zr ON NOTESI TIPS 3 POMO,SASE, 1 '( 5-.. ; cameo-nom pos . . --. ' -__1 - RErrn-,d A NJ 2 ii 2000 I -- ...; : . , .....no... .7.11.J.IJ.500•AE,..0:1F-A liriZr..Al2:511 .„, 1 1.16.Loft.'......Ineve I. i . _ . . , i„, ., u .•,---,. . , , t,-,--,\,, , ' ,,,,., SHW Group Inc OISTIOSVOC*1 KS .- .3.7".•".- 7,....,-2.-,, ' ! 2, 2 .222+2.22.22 nr.---- ;;I: 0 r• T.T.IL,DX-LI-T.,..... . - Inn 5 OEM..USE-, LIGHTING .77_,-,7-1," ''''''''..." '1.-'..l'ill, E OsIrosomos PCS -.- 7-• PHOTOMETRIC SITE_PLAN • 1 I'.4e,,McClure k A:,soc.,ii,,.. 9 0,, ...,., . „ ..,...... r.r4 ---- vvaTzr a.. 1,11 o II T.,. vorn.4,18.51.1. 9 Cs 1"..Lici-li DIS/PIIILMOX POE .....- 903-5111-D7,-.7 _ ts-2••:,^m21E2' c!.....rc.c...c. :f,ao 3i 1./ - I ,- l I-- 1f i ' I- Cl it• I Ilii • 11 ' IT1.I , II1:1j1 1 I'I i • = O '', j '-• o•°' jI' iI117i'' :-' I1ilI,I L;I1 • = M a I I I ' , i ''1 "11 x \\• • Al I- I ' I id' ' III I Ili _II I r ;i `I'Y, 1 cn 0 W cc 1— .\r i i I"' f- W. i I ..in�,� '-j ' I z fA ..... i,,, \ • ; - 1 ' Z W 2 iraa,.,.. .a.. ... ,... °.. .,11 , 1 I' ,' \ -: ) I W J I- I.....,. ss. .a.. u. na. u. g - -- --- ---- - •sY'v.n',»m' --__ --_ - • a. - �`. ` '' • i- - - ^ I1 zIs.-ro :... .. 1. ., ur . - ,/ yl,._. !IE ,kil!4'1'I; • 'I . 1.-.se r. .,. r.. .... ..a. ... /I i . �.(" • \ i. l ','— - —•r,,r....._r:> I ,• ' 1,4.I \ \\ / '�' 1 ,r ��' - . � `. - '� ,., e) I LUMIWRE SCHEDULE a.. W an aa.ew. m,.., .w Ur ;�•":'..i iY. r'. ',,\\` i-c•: -i i -'_ 0 • rr r .• i'G. -��\ \ ` i- i . C+ . . . rnw. '� •` - CC .omwna r..m,aaseo... • • • 1 . . . m.n .. ,-r,,,y. r I - — —. i « ° ram..., u.`1.8170`u w� 1.6101.rrws ° �i,/ '. :�. - - I. / /! mow:• �' :: —` 1 z. TYPE 3 YMCA/04S./ Al •/ •\G'g ' . . .l J1 _—____.. } n�^" ras es %' ▪ \.i' •wr.a a... _ ...,m.w . .. ..W .,I % I,• • .-: ..: r ill '. r =-,H; �..• g r ::: !!: : , , V-'/ �-'t : ,.m..,.a.,., a • — — , NOTES _ — P.�CD,1Ai� 2 U 2000 _i �..z. _ ... _ SHW Group Inc :::."::....... LIGHTING • �_,; i'.PHOTOh9ETRIC SITE PLAN [ '1111 E-,,:� n mr. s �swt..III. - 9 Ob ,_ .- G-'.' rsnim.370: 3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-330 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACTS 1-B.AND 3, SITUATO.IN THEC; , B: MCDONALD SURVEY, ABSTRACT NU 1013,°AND BEINGAPPROXIMATEI Y42 424 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "S=P=1'='`DETAILED SITE PLAN ,DISTRICT WITH "CS COMMUNITY SERVICE DISTRICT USES FACILITY ANDS; STADIUM AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER 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 N:\COMMUNITY DEVELOPMENT IWP-FILES\ZBA\PENDIN014 80-3 3 0.DOC Page 1 and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG'p:.Agricultural District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area,immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy .of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the 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 N:\COMMUNITY DEVELOPMENT MP-FILES\ZBA\PENDING1480-330.DOC Page 2 r r ' 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, N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-330.DOC Page 3 �p2g s � Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tracts 1B. and 3, situated in the C.'B. 'McDonald Survey, Abstract.No.: 1013, and being approximately 42.424,acres, and more fully and completely described in Exhibit "A" from "AG Agricultural District to "S-P=1" Detailed Site Plan District with "CS" Community ServiceDistrict:uses'including',transportation facility_and,:stadium as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B", and subject to the specific conditions established in the motion of the City Council and attached hereto and incorporated herein as Exhibit"C." 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 N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-330.DOC Page 4 7 -2q 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. • N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-330.DOC Page 5 9P-3D i • 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. N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-330.DOC Page 6 q-31 • PASSED AND APPROVED on the 1st reading the day of , 2000. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2000. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-330.DOC Page 7 s k-3N EXHIBIT "A" Whereas,Carroll Independent School District,acting by and through the undersigned,its duly authorized agent, is the sole owner of a 42.424 acre tract of land in the C.B. McDonald Survey, Abstract No.1013,situated in Tarrant County,Texas as shown by deed as recorded in Volume 13014, Page 540,and being a portion of that certain tract of land as described in deed to W.Ray Wallace as recorded in Volume 5487,Page 293 of the Deed Records of Tarrant County,Texas(D.R.T.C.T.)and being more particularly described as follows: BEGINNING at a 1/2 inch iron pin found in the Southerly right-of-way IR.O.W.1 line of County Road No. • 3099 (Crooked Lane) and being the most Northerly Northeast corner of Tract 1, Green Meadows Subdivision,an Addition to the City of Southlake as recorded in Volume 388-96,Page 45,Plat Records, Tarrant County,Texas(P.R.T.C.T.); THENCE North 85 degrees 16 minutes 32 seconds East,along said R.O.W.line 48.81 feet,to a 1/2 inch iron pin set; THENCE South 89 degrees 52 minutes 55 seconds East,along the South line of that certain tract of land as described in deed to Robert Frost as recorded in Volume 6826,Page 565 and that certain tract of land as described in deed to W.A.Johnson as recorded in Volume 6826,Page 554,at 482.95 feet passing a 1/2 inch iron pin found at the Southeast corner of said Frost tract and continuing in all 1085.46 feet,to a 1 inch iron pin found at the Southeast corner of said Johnson tract; THENCE South 89 degrees 26 minutes 47 seconds East,along the South line of that certain tract of land as described in deed to Charles Evans as recorded in Volume 6282,Page 671,D.R.T.C.T.,415.84 feet,to a"T"post,being the Northeast corner of said W.Ray Wallace tract; THENCE South 00 degrees 23 minutes 12 seconds West,along the East line of said Wallace tract, 1559.87 feet,to a 1/2 inch iron pin set in the East line of said Wallace tract,said pin also being in the centerline of the,existing Continental Boulevard(proposed Kimball Avenue-94.0 foot(R.O.W.); THENCE with the proposed centerline of Kimball Avenue,North 89 degrees 36 minutes 48 seconds West, b.32 feet, to a 1/2 inch iron pin set at the point of curvature of a curve concave to the Southeast,having a central angle of 22 degrees 20 minutes 47 seconds,a radius of 635.00 feet,and a long chord bearing of South 79 degrees 12 minutes 48 seconds West,246.10 feet; THENCE along said curve 247.67 feet to a 1/2 inch iron pin set at the point of tangency; THENCE continuing along said proposed centerline of Kimball Avenue South 68 degrees 02 minutes 25 seconds West,a distance of 421.83 feet to a 1/2 inch iron pin set at the point of curvature of a curve concave to the Northwest having a central angle of 23 degrees 31 minutes 07 seconds,a radius of 800.00 feet and a long chord bearing of South 79 degrees 47 minutes 58 seconds West 326.08 feet; THENCE along said curve 328.38 feet to a 1/2 inch iron pin set in the West property line of said Wallace tract,.said property line also being the East line of Green Meadows Subdivision,an Addition to the City of Southlake as recorded in Volume 388-96,Page 45,P.R.T.C.T.; THENCE North 00 degrees 23 minutes 29 seconds East,along the East line of said Green Meadows Subdivision 644.30 feet,to a 5/8 inch iron pin found; THENCE North 00 degrees 19 minutes 23 seconds East,continuing along said East line 383.56 feet, to a concrete monument found; THENCE North 68 degrees 46 minutes 20 seconds West,261.34 feet,to a concrete monument found; THENCE North 00 degrees 31 minutes 52 seconds East,359.37 feet,to a 1/2 inch iron pin found at the Southeast corner of that certain tract of land as described in deed to Louis Kaposta as recorded in Volume 6478,Page 898,D.R.T.C.T.; THENCE North 00 degrees 12 minutes 05 seconds West, along the East line of said Kaposta tract 375.86 feet,to a 1/2 inch iron pipe found at the Northeast corner of said Kaposta tract; THENCE South 89 degrees 43 minutes 47 seconds West,along the North line of said Kaposta tract, 332.55 feet,to a 1/2 inch iron pin set; THENCE North 00 degrees 04 minutes 34 seconds East,at 43.22 feet passing a concrete monument and continuing in all 56.53 feet,to the POINT OF BEGINNING and containing 1,847.989 square feet or 42.424 acres of land,more or less. REGDDC 131999 N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING1480.330.DOC Page 8 • J 0 ,..0 ...., a Z . crazni 0„, XCNANGE BLVD s$5,0% ag , LA t I;o,----,-,--'- .wItca Fr-- N 7:--f-- -•-•"'iT, 7-..."-:71:15.7n*'--, ,_„••'..--,' ,L, Loa a erat ,.........". s'LK''?:. '" g'1.1.1241,`Fal.s.T* I,z.: Osst°1.041,,...t. •41 < - .,.. 0.11.140•11 1401} ‘1240=En 144', r.1 40.04 1101,1•10 1101 11401 WIT 09.10104 w CIIID E - ., - , In os S•11110r0I• '•'fa,61.5). "''''' S- 'V 1?,..7.P.1 cultiZIAT.U2 4o1kg' '''''''"111"7"". I*•-• '''''' .4 ''' '.:1-2...17.:.--'1,-', ir-$1.-';:-•1 -,'",,,;•`:, ..';'---i-ri'-r--1-1-7,7,,- -;1 r .00•01 0 La 0 !\1.00.1.10111 11•101111,.s.g.T....--:e,' L117 MO.S. V 00111111)11;111.......-,--‘. i /200..............t;,.._.ISMS•24.47% WINT.,4.,•.:rt 10.1141.11,Is 1100, 1..1.1441,1010•11111 • II Ly-,--•••-•,-r=171,'=-..-..011%%OA W0.01I tam.v.22,9•9225,2t 1005.4i. 1 Sj 3113.30'41.'E 252....i M 1', .....017‘. : 4-.. In .. ,T ......0.,00.L. pi,V.--1,,,,..4.1.._,,_-"-g ---r-i-, 1:•••1_,.E17:-... I Z j,'..'*-,i-jr J IL,1-7, - T III 1.L.A-:__-1-.11 ,,I-_I..' • I, -1[11.=i-Trg.-_,i I ., . 519•43.41.IN 32 33• ' 1 ' ' 1'1 3!1'1''..' -,-.• /-,- •:4";-:,••••".-,-. -''-.• --,--.d. I. .i.'.... I:.-; I..,!%,r. '•'Ill:•'.i '1.'7 --"': • •'7- TE--• 'T. •T ±,-,-.--- -- '•'"I i I.-.-•I.-.. le•ww,i P _...'‘.''',.7„_, . 1-7.:L'-7;441S-4•'-'---11:, f%Li f: ,.. 1.., 11.911i.r. ' .-, r.-;:1 1 • -1' *, il.-L-1-,-,-*'-' If,,,„:-.,,ii,I i , ,_,,,-- • -ri 9 laireoLEE'''rc“ ''' 1 1:,.f.,,,i,,iity,:......r....2,,5,- -.r I,- ....t iri-7 si:-.' i ...--i,- :-..77: ..L•fr.-."7:17.•;'1'. r 1...,I g;:.1 T;:: II' • -, •'-'d -------t--'1-.---•,,,k•-•-"--:j I . In 03 :1-. 1•••,..• ,..-•.•.,•%,,:".! IV 'F: =a - 1--,-. ,-. lc: 11- •-•I-Pz --1-; gii Ia I -: .-1; ?1 .1 ..... 1 22Tgoi/MA ....I ! .-' .:c. ± dr- --t ac- I' =--t-' '.-ft. , ••-•••••••• I.•,.;•,-j.,•-• •-•!-!-- '. :.-,-cle:•-•••••<'i r- , ,,- ., ,I,. • • 2 •,-, zr• •r.r• •-,-: •-,_: _ • .7r1. 1 .3 1.0 Lj COlti L'...ra.21$1. AV'02'07GCAITION'OR S'NITALIMAVE.--21..71Ve'A C RE'S t '2,-",...-:;-:,:„;,---- }•-- - •-•.---,. .., - --.-,•I••,.,i,. 'a•-'• •.: IT ,T. -I_' : 7, .., ."• .1 ,I:- 7 47 I . IL z 2200.21 al., MET ACREAGE ATTER OEGICATION-19.250 ACRES ..ru.-..> ; I ....'Vi,"""• ...4 i':. i..f.m1 1,-. :.....- .1. E,i- 1:- ...f-,. ,1.1. < -''''`"'" "° 1-' '-.: -' I' ' ,-.. I •., r iv, ..41, -... .,-. ,i! 10,.:--- ..,..4•.!,....,,-.-. ,....r. ..1'.$ ";' ' -±' ‘..; Ll.t'1--II%,2 131.1,7 AV tr , 1 L...... .... i 0'1-"' ''•''''''. ' 1'4-- 1•••: iir- 1.1-z IT,•001,-! 17. EI• t` k...-, IF; !I j i - a" liZE'-.1.T1 -(-''''- -- -'"-- 1- -i_____,, __J•_::„,-..,?_„..\•.T_ .___-....,-...L, z 1 -.•.,,,,L.,- 4•-,....1i.4;!II, .5.; :LT ,n., ,i, •;:_,:, ,f,-, 2.:4 !k ,,-. ,IE: -,i 4 li- 3 g 0 . vicnurf 11/P -Z. r SUMMARY,CHART-BUTTER TAROS-BLOCK I-LOT I 0 i ;-I 11 1$ .6,-'.;e ... If m :,... 4:2: _!L'. "1, '..... -2'. t 117.': if i t I 0.5 I , 1'i• ,-•'•- '' 1,,,,, ... .. .. c.i: r. I -4 g--- ,,,• --',-,,,•- -f., A'E zi_ S.:,I 11 3 1 ,... r ..... 001..gra- 41 00 .0 44.1 .114. 404 0 11 .0 .•niou.10.ollitt v.a r' ''1%''..'''.:':''i:'1 (1- 1. -7 lq 1,i3j L'; ,__,.' !I.i 1i. I 1 f! 6 I 1, - "•• . 1:, 7±-, „L.- ,...a 1 W 1 :.-..lf te ..... Mr to14 0 11 .0 IV 00.senen.NY. .1 M.P. N. .1 401 0211 104 1.0.1 103 1 , PO 11111 1413 k1.4 .,.•Y_.:;.1..t.:1.4.1- .1.4'Ty‘-'-'.' ' •..74',.•• ''' ,....,,,'.-'...s.°771-.' :'It i \I,' 4 '...... ....222 020. .....0 we .02.0 .4 MIK P 041...II 10/1 i r..V.:17.---' - ---1,,,- rz...., .....x. at... 04 • 0 11 44\ ,., Kn.124%40'IS .i .....7 T•••-•=7 qg--.t7.;=7.1"--- ! io :: tn ea sem, 14,11 • 1. 11 .1 0 VI I '-'-' - I .[P . - ".'-.S10141' '.- ..7 I '..I 1 , IA air 4.112 Y. 0.1 K. .1 10.1 mai.......A.n.l.... as.-.....1 .11 .1 1''5,,k,'• 1..-01-7•--,: f. -.7.....-.-..-.--111 !i 1" Ragan no• lc.• . . 4 .• .....4.4 ril I , 1 _Ji i I' ,4r,,,litttr-:";.:. NV ''....•101.4......1110 4.1.0.• X '-'-.1.='. \ --I il 11 1 ••••, - iliTli .1 ,"' ....,.. SUWART CHART-BUFFER YARDS-BLOCK 2-L\\ ! 22 0.2. aff.."-.1%',"..17'fAT: '""211`..T=1: ed i. E.1 ,,,, ,,,! .. Ir .,, ..:11 If gu _...!. \1 r...,.• 1 i...., i .... ...... .... .... . . . ... , „so ....,,,:fil ,0 .ti,1414 i)1,1,41,..,J,1-411'... I-,•,..1 . Ii - z ... l•-• c.0 0,4A-- 00 I•I ,... ..... ..• maa KM ..... ..... ... ••• ...... in se .11 Pad MI: 11.11'111r71 .FAHIni 1 410„11.1.11 I-I i• t'411:1.1i 11' 1.01 01 :::11".1 .... !rya .. :' ‘i \ C..aiiSIC'D'C'l i '1 .1'1<110'......",... -1-121:111' ' .°11,A6n.F.-'.. 1 1 -' I i """'"..I.Itt.::::.'X'"I"- I--- .• •-•- . ' • .00 =....... td' ‘ . ;,.. I 0- .....r'''.--;--:..-....1--T '1'1 -.' I'"i "4"i'a:,IT•I., 5..1 CIOAT-IXTERICA LOOSCAPC -_.--, -'I 1. L-1---411. ;',..4 •11.1,, .Ifir,„ ., 1. .,, I ,., ..... .....-. ..... ...., .., ..., ..... • z , . •;•.•, -... ...„, ,..,.... rm. nal .ma .1 1 .ll F.,)- e:i•-71:1z- t 1'4P.I.- "1.-----2; II'Hi! 4 .... i 1 -..... 1......= .. •$$ IV - am ,, ‘ IC 1 „ k.S...7,-___--,---"ti. L. -__-..._1.1-:'•''' a.' .C.I 1: . l!i.:g. v. 1:' - V,. ...... 'r7,__-- ,---..:.....y,, •GREEN.E2.009 SUBDIVISION 202.2 T;•":r... •• ••••• la ..." .a ‘ \ PRTCT 4 !/...' ' ' N (' . t ' 79"..' A' t:nrir ..-,- \ 1101 4.131111.04 IA.,11 13211 :'I ' '' '1,.*at"•: I. E I_ 1'1''M'''',•_..• MM.MIA.P10E 1318 i i!,'..,;...1I11....1.,...1,41:',!.. yl: LLY.41.. -I; IL: --„'ll\ .• ...' L.0 222.1e ./.1'• ,Orir'',..a....---.. - '--= .-7,' '.-.,-- '-',.. .'•! ',. M, ' SITE OM S1044.01 \'.... •••'• 1.011•111010;11.1. EJOI,L1 ..' ' I.1-..:....,........:,.. s* ,,....-., ,•. --, ,i.„..,,,,, L. --';LH:J._. -14-j. --;:i! i- ;4. i 1,, ; . L-2,..11. 02.•0001.•.410 71.."r.:..--:,'7,--.. •••••••••••-• • \ ' e G‘,--, .---'4f-,-r -r--E- •7•-•,-• -_1_, -nkt„II, , ... \ - -•'•-. ..y-,,1:,,,-,-,1 Ir.', "4,1,--i-, E. Ti_ 11_,„,...,-+-'r...."1,:g A, i',,IP. .47::...„.... 7:::: ::".::::::"...:',.r"2":•"' , \ l ', .i` i 11 1 .- -(.-...--•."•=.1.111001t11.- -:------. --- --- ZI°1:1:r"-'''"" ;I:Tr,:l."''' RECD JAN 2 0 2000 's, \ - , .-. •!... V'•- if4--' '--- --.01 ,.... •:t'"" - ,.,•-•.;,-.,-, ., s,...... .- .,- ,-,....... , ...... i 1.-.:f, ,,, ';•.- 414 l'T .--.1.----'.4 •..., • ...,,,•-• o• c_••....... 1 ......, ::::?..1.1.,:„ -.....-^“. s 1TE PLAN ,.,,,f,*=•, ".,... **•-•'s Is "[ ,„.. .../ ,,,,,"-, _ -. ....-- _,436•10,19.1311. , 0.0.rx tam de.11.....:V,101',.....1`"rx.'•,,,,, CARROLL ISO No. 6 ADDIT/CN i",C•,?:;;,,!1; 041 4 •...... , ••••........... 2 '. .-.1 I L.:::: .-----: - • it:IZeli: I; "'""%W,""" 7.,N,r,r;,:::::=6 ',;:".."1.1,';::;- 1 ''',..rkodYTICed.'TElitS"0 1-113100 Int.PM.14 , 7."'-'''''----iiraloit S RY- L- ' 4.1.42 IL1•CRES AS WORM 0 VOI.S..01,PA.110 041.1.14 WAS P.O.tO1 0010 i , ........'••••...,....•••••-.................... •Iii,1611•‘..:::,......... ..,,,,,,,,,,“ 40 110.1 00.1 COOPilf.110. 1111•441114.010. 04 0.1a 1.01.0 / . Y-Z44.,....„....... Yw°‘" ' \C•••..' ..' ''''""It,'", •',' 1•••••= :g7.-- -. 1,,,, .,..',11. ..-..7,:-.•g-• .---"--S1-.'" sgt- '122°4.i ROL TiZZ::FtiT1:: Pt I 17, pli Is E' sl ...iK 0.0.1.4.04.10.10n.•1.1411 10445..-ava.s.•m.o. • .•. i'i ' %CV 14.13 I.,_. A 0 9,17.33• ..: e., .,,.. / 1i. 1.' 1 2:'35.',..°,°;• ci, $31 010122TOR/0.00,2222. &RN I MT CISCIFJ3 1 c,',...4.,..' 1011 10103.1114 0.4. 1'. 301.1.110(..706m1.17.001 ilni1.11..E SS PIAA Y000 015,Pl.MO -. . • C......4 ASSOCIATES S.avanaters C111..ISO v.• 11 1.1 E.L..K..5017C too 1001 AIR..FREEWAY sum sao 110.A.MAO.•220. CARL ISO STADIUM i T.LOTS 0 Iv 1110000 1111.1.,1.. 16110 SOL.140E•01. /SOIL ' il. 04E1 40060.0. i 111/1 M.A. 001.0.-1.,0 • i,.. LY0•IN.....ILL ' '.''. 1 l' [gar.a.UOV30.,.0 fl:oT'Art!'itiNlligx =IP.'..igyVill'Al, CASE no.LA 0-111 sirt.1 V,1 5..t•1 4 EXHIBIT "B" SP 1 DEVELOPMENT REGULATIONS SITE PLAN DEVELOPMENT FOR CARROLL I.S.D. STADIUM SITE Permitted Uses: a. Outdoor sports stadium (includes track and field), offices, meeting rooms, concession stands, and sanitary facilities. b. Bus parking and storage. c. Bus mechanical maintenance. d. Private (not for resale) petroleum operations: • fuel storage and dispensing • other petroleum related issues in character with vehicle maintenance and refueling. e. Signage appropriate for site. f. Other uses as approved in CS zoning. Site plan: Actual construction and usage shall be as shown on site plan as approved by P&Z and City Council. Development Regulations: 1. Building maximum height limitation — 85 feet. 2. Building setback - Front yard 30 feet at S. Kimball Ave., side, and rear yards to be 25 feet. 3. Maximum lot coverage: Building or structure footprint not to exceed 60%. 4. Maximum impervious coverage not to exceed 95%. 5. No additional development regulations provided for residential adjacency. 6. Buffer yards — width and type as shown on approved site plan. 7. Landscape :' a. Interior landscape for parking lots to be 20 sq.ft. per provided parking space. b. No landscape area to be provided for seasonal color. c. Landscaping and/or ground cover to be provided at periphery of stadium and other buildings. 8. Parking: a. Seating to Parking ratio — 5:1 for stadium. b. Parking for bus maintenance to be as shown on site plan. N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-330.DOC Page 10 Q EXHIBIT "C" This page reserved for the approved City Council motion. N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-330.DOC Page 11 SA-36 City of Southlake, Texas STAFF REPORT February 11, 2000 CASE NO: ZA 99-108 PROJECT: Ordinance No.480-321/1st Reading/Rezoning and Revised Concept Plan - St. Martin-in-the-Fields Episcopal Church STAFF CONTACT: Dennis Killough, Senior Planner, 481-5581, ext. 787 REQUESTED ACTION: Rezoning and Revised Concept Plan on property legally described as Lots 1 and 2, Block 1, St. Martin-in-the-Fields Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 1346, Plat Records, Tarrant' County, Texas, and being approximately 11.8 acres. PURPOSE: Zoning to accommodate future development/growth. Concept Plan approval required with S-P-2 district and residential adjacency. LOCATION: On the east side of South Pearson Lane approximately 760',south of West Southlake Boulevard(F.M. 1709). OWNER: St. Martin-in-the-Fields Episcopal Church APPLICANT: GSBS Batenhorst, Inc. CURRENT ZONING: "CS" Community Service District REQUESTED ZONING: "S-P-2" Generalized Site Plan District with "CS" Community Service 'District uses LAND USE CATEGORY: Public/Semi-Public NO.NOTICES SENT: Seven(7) RESPONSES: One (1)response was received from within the 200' notification area: • Ranch Land Leasing Co Inc., 216 Warbler Court, Bedford, TX, no comment, "This tract of land sold to Four Peaks Development Co. 5/28/99. I think Four Peaks is in Southlake." (Received November 9, 1999.) P&Z ACTION: November 18, 1999; Approved (7-0) applicant's request to table and to continue the Public Hearing to the December 9, 1999,Planning and Zoning Commission meeting. SC-I City of Southlake, Texas December 9, 1999;Approved (7-0)to table and to continue the Public Hearing to the January 6, 2000, Planning and Zoning Commission meeting. January 6, 2000; Approved (7-0) subject to Concept Plan Review Summary No. 3, dated December 3, 1999, deleting Items #2.a.1 (cemetery use required to be no less than 500' from any residence and shall be enclosed in a fence); #2.d.1 (screening on east and southeast); and #3 (bufferyard requirements); and Vice-Chairman Peebles said he is not opposed to the requested variances to Items#2.b.1, #2.c.1, and#2.e but would just like to see them at the Site Plan stage. COUNCIL ACTION: January 18, 2000; Approved (7-0)to table to February 1, 2000, City Council meeting. February 1, 2000; Approved (7-0) to table at the applicant's request to the February 15, 2000, City Council meeting. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 4, dated February 11, 2000. N:\Community Development\WP-FILES\MEMO\99CASES\99-108ZC.doc 8C-2 I' Y City of suu__ , . thlake, Texas rraCt An., Z499-.710r 11111111111111, \, 11111111111.1 -.) , ...._ aka - i 1 ig -1-1 ir . , ok. -c-L2 , . ' , . LI-- -- 7-x- . . /v________ , 0.5 , , 0 os ,:. . . . 1 miles ,. . . . N , . ., • . S - fic-g City of Southlake, Texas Surrounding Property Owners ZA99-108 • 1 2 3 111 Property Owner Zoning Land Use Designation 1. Pulte Homes of North Texas, LP 1. "NR-PUD" 1. Low Density Residential/ Retail Commercial 2. L. Akard 2. "C-2" 2. Retail Commercial 3. R. Travis 3. "AG" 3. Low Density Residential 4. Eagle Contracting Corp. 4. "AG" 4. Mixed Use 5. R. Snow 5. "S-P-1" 5. Mixed Use N:\Community Development\WP-FILES\NOTICE\99Exhibits\99108zcp.doc se-q • • HAROLD PIPES VOL. 1738, PG.86 CSB.BATENNONST AGRICULTURE ZONING N 89'43'00" E 740.81' ICI MY EASMENT 0°usr LON tam MUNYL [XrT.T[ILPNOIQ IO BUFFER TARO IE\SE r�` . j I NAVE PARKING FINR[APPEUICN I I ''Plp} __t_ ):4S. LOT 1 r.Y n09 C.O. I I�` r' FiFTIfE90oC@IFEED q EXISiLrRFPNCNX POLE 1.,• 5 SWNua wsvugewe (T,RER 0.E Nm5 1 I I . '�,r I I I I I I I I I I I I 1 I f MGM KM RI. ¢ qE (y�� IMON CNUROI ROOD j j I E. ENSDw�UEEs� E/ R y a an a g_ I 1 x-�E. T6•-r. 74`r TS6•-C °r-r MUT i IB11E° a y j , EOST) .SMCTUAR! ,q''-"�� ' I/EJF� PROP.LINE/`C >r4 SANCTUARY I M1 I aRT MM10A'AY ' FASS FUME ..sCA0U4) )/ R VICINITY MAP: ECIU WW I 1_ _r�E•E�l �_ __JGY61fASSB�BLY i j j I { LL \ I / . !- �URE.SCHOOL�RUC0H• j 3I. (ALL PROPBtfE3) Q F •/R.4Y.DEDICATION L _I c I. CV OWNEA/MPIxA"T: EX6r. ULYMT I .' ` g I. ^ St6mTITIN-auwr".r-Feat -� --`I . ; 1:111_la:L1]1__11.1_l_11_LLU I I I I I I I I I U I I I ( I I I I I I I NETT'ASPWLT APPINIOI�I_. I _ .. P.O.BOX ID ` N . I;'2P.114[EMT . MAW I MYEBe T. : .• •_TQFRE LINE FUME PAFKNO M1 1, __�___ __ _ _ _ I I ; I+A BEI]LR1-TEIA7 Tet4E U\1 1 I —+ I• MOLTOf ABO , :�yyN•,EDa �l( 1 (l( T(� 1111( y au•. a rc 1 OI " `• I. .-. ORN D[DNO M ASSOC,NE MARE APPROACFI t7, I IEiE PRECINCT LDIX 40.5-100 I I III 111111 III 1111 (1 c)--ri ry I n 1 111 111 fl 1 1 I I I I __ f �'IE SURVEYOR ' 401 81 1 OWNS o '�-•--•--•--•--•--•--• 7E1IPtONE Oaf ,/�� ' 1 _ I�REWfm•--•��•—ram.--•--•--•--•--•--•—I�,yy ION MNSOY SIRMYOa9,NC Imo. _—_------ r6CiBeN ---xQ9'di_OD�_IDb 9q_------_—_-_. 110E0T NN.M 7N AvL111 Ef61.Tams./ j-0I j: 7 1 E- I MITvo tNSI IRE AND Km;AT rOLLN4 I ID #p I LOT 2 1 OEM Ew.[•,Do lwt F" { / I NEMO NW•CS-OWOBI 4INCL BLOCK DISr TIFL 10 BE MSC LI D IDE OISONmI. !SETBICII I I ''"ThREIANED•/NRNRE I: la COOT ODMu I I�I 1 • Ef MICRO n m1 �7BImoIAD 16E•R3X OMRBX j c 041; ST• HE-FIE- [� IN-THE-FIELDS 4 I RA EBASEBALLI M O I L ADDITION f. 12 (./MURE EULEFIELD LIGHTING) �i I • AN ADDmON TO THE I' CITY OF SOUTHIA E, • nI I g I TARRANt COUNTY.TEXAS j ¢ I i PALM 7000f31fBD I I Ixx�4CI0a 5T4KWIeEBr. • EII 22 I deg I 1 CONCEPT PLAN FOR ...• sr.61ARTN-R-Tlf-Raps ....:-1--.EIiSIfat 2r cxv.oATwr [ C9 ZOMJC MOLEST :Y r ------- -- -- -- ---- -- __ 0 P NORTH KALE.-4o• 1 HAR LD PIPES PROJECT — VOL. 1738, PG.86 L_iJ._ _—,__,_,_,_—•__•__,__,_ 704.44' \ TDd REa 4RD _ _ AGRICULTURE ZONING GRAPHIC SCALE w.e. WELDON H.SNOW .-1 . __r.__—.._._.. -` / 40 0 NS AD T a�' ��.0 VOL 8031 PG. 641 5 89 42 51 W 739.44 `Ic eE4R4 rARD Illm r/ DISK 4-1 TONNO of... AGRICULTURE ZONING LUU.D..•1.0.DENITY MAXIM. j T7 Imin 4 OtuvO[C uul[Nr LIAR•EON aiam R[Si0D0NE .w1 c4rL SCALE M114D'-0' �� ORDER PREVIOUSLY APPROVED CONCEPT PLAN n 1 HAROLD PIPES _ _ VOL 1738,PG.B9 EXISTING ZONING'AC ' M.O.RUM 011030/611) - ._..___.._ - .....- EXISTING.. W. to IMl Y BAITA am IsaU. -f1IA NEW _ N 89'43'OD'E 705.81' CH$IUW CHISTIAN '�"°'•'•"•'� om.1DJPPOI I 0°-� j�y/l / li,„�/i,l„i/ 7i �/l/J�i'.' /ii is /i /1�11//.' /l//�li��r'/�//l!/„/�//�/i '�llll/ l/'�i,.9.//!//'.',lllll///�. //l/ EDUCATION EDUCATION 1 •,ear 1....l I CSB.BA T B RBOR ST 1 RD.w1a I i ELDCA EI DG ADDITpN I 1 I POI I 4. I 1 I j . I I j LOT I I i F. 1 C I I ! BLOCK I I w1�B000�FBD i ///,,,}}} " I ILE 1 1A�'WN �' EXISTING ZONING: ' £' i i� �° ��q' no.cost a6 —1 — � _, •PuwC 7 SEW PUBICI j _ °' £/� �t- y� I IAiIA 171 CM Mt"GIB KMrEgi• "® , • I I— PHASE III rm.5m[ i 1 Jr r "r .�dr /� r-0' •iur ore rm.oe ms nv.10 nro local Wllm NAI. �:� �{ IFlflllE A7101V IRBd I Ym nn rM oru are, I '� '': '��'�_•�••• iDes ni IIA N6 JE}r N•- ri U-r Ier-r sr-rmla*T 2 ENLARGED LANDSCAPE AREA ter"~®O°® a ! ®lyya4��l '" }I I 5 Al.? I'=xo'-o' I. 3 i o61 AWE VVtl) omen m 1 I FUIUf MIIICYD ` I A,o m_ _a rs FLAW wr�Fn1 A F: cast PHASE I ! //�_+ Z U 041011411010 MO , nviN6� n w MUM I a i DEL RINKS�r mi.olw ® �W PHASE I V i ��ce 0 n OM MIL a SO rJ RAMC a o 1 ®IR'ATIOX El11R'A101 F UTTFE WOTAN § 1 0.w r N 111040.11081064 f ca a • a DEL WO/ 4T DEW ly Q1JQ 'EU:Q ADM= ECUCA7ION EXPANSION I /� 9 0 z S 41 04461 u/a". ,• Iti I = sDaAA tf.F` AYO Sf. torn Sl. 6 SOW BiT 11A u[AeI �'r sac f . al rwre 10u. 1 I 0-) 99 A cw me moor onmcm 1 w_ atA.101 • _ _ _ o I �'4 i II PP .� 1'•: a.1 •��I:�� d II (i�_ i1 pI © x i w" wwwwluwmmamTs>Blm I _ - .TNN f61"' ' _ I I mrnnCQ WAGED MIMED] I .--'r:: i Cj�; woo-KtI�EP,aaotc COI t 1 -I .........i.. ..........ir..fl�t..tell u�a1 0:151.WIT i COME MG I ,�+ sa RN a0t aowa u I.•i• , J I. :X:;:.�.'.;' 1l(YPAYBC I BsaN4rBB1oB ` o �__ I w .Ei ! '/ (11ir � i_ -- _ BA4I ®t w SDI aaNm I� I9 fa•laL I / of°� d r4' 14,.a § V g o iii cat vuSTEEL�CB)at°ma s rls MI. ice --. ` s WTI WWI I/ wa U. WWI `? y m Rm / 0�.OIAPJia(gym G J 9I5 I11 gd IBEXRIO SOUTH TO 11.DEL°WHIM I1 1 111 14444144 d.41 I I 1 I..J..� -,..i.:., / / ( 699 �1 � r 1106R•utA W I Nut UA EIS1a rmnc _r• �. 0 WOOL lvl I I !r AWNrIA aNB T w^i� . 1 ACCESSIBLE PARKING SIGN I u Q61.Ili • I . 1 II MIME i / A1.1 N.T.S. Iaa1x1 I I ' i l 7TY CENTER I NORTH ®. 1 I N I' LOT 2 /.• IL BLOCK I _ i _ on Of dl 1 Il6T.191I ID—1L $ I 0 m . - SOUIMNME BEVf. CO t4•YILia•YIC E 1m'1D 4 I E a.1109 EXISTING ZONING: 'CS' 'l luaBE oi°• �'"�• j l o (LU.O.Plncfstw-PL&IC) RI11EE I /� _,. PROJECT I &®ALLCWI4D I % r a•'+= 10U1pN xaro Deal sN,lh.gl Porkc/ Fart North.TX • i SI i I ' s>a 4 b °� EXIIRCI PRAcc1 FEED • 1 %, ST.MARTIN- I i WVCFinamulEPAI;B�REaFAMINCEPunEENT I IN-THE-FIELDS y ! I • PROPOSED I i % VICINITY MAP: a No ZON I ! i �. N.T.S. Casa No. A 98-105 ME -'-'-I '-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-•-•-'-'-'-'-•-'-'-•-----•-•-•-' -----•-•-'-•-- I ]a50JI11M1MASON 0.IRIIAS P m OS[0 Jv DroaWa IAS<sat-•-'-'-'-'- - ---� ///////GY/// ////%/ ///%/// //////////////a �//////////// '�e////////ll/////a//////////l/U//// %/ /%//////U/////a/'/��or%/////, ('F('�OCT 1998�� MASTER P PLAN d. . . .... ... ........04W. .. ... .,.,/.. .. .. . . .... V C T 1 J 98 LULL•lLON a115%PS 111W S B9'42'1'W 704.44' "—at 1M Y WO 1io I¢03 •'- Kt PAu rxlcs U' Bute r-na a It0L l WELDON H.SNOW I HAROLD PIPES SITE INFORMATION GRAPHIC SCALE g AiD ELT NON. , VOL.8031,PG.641 I VOL. 1738,PC.89 NNn ��.� AGRICULTURE ZONING I EXISTINGL ZONING'AG' AN ADDITION TO THE CITY OF SCUD-LAKE, �=:�� .. (LU.O.•1¢iaa wwtxw) (Lu.o.ION aNm IavD[Nnu) TARR.ANT CO. LOT 1 and 2,BLOCK I L I - 12.36 ACRES, 538,401.6 sq.I't. SCALE I' = 40'-0' oi® corm O PREVIOUSLY APPROVED REVISED CONCEPT PLAN 1 iFl GSBS BATENHORST INC 7291 GLENVIEW DRIVE FORT WORTH TEXAS 76180 TEL 817.589.1722 FAX 817.595.2916 December 6, 1999 WWW.GSBSB.COM Lisa R. Sudbury. City of Southlake City Council Planning Department 1721 E. Southlake Boulevard, Ste. 100 Southlake, Texas 76092 Re: St. Martin in-the-Fields Episcopal Church' Dear Ms. Sudbury, In 1970, five families united to form St. Martin-in-the-Fields Episcopal Church in an area of northeast Tarrant County that is-now part of the City of Southlake. The current sanctuary was completed in 1982 and in 1989 St. Martin's attained Parish status. Construction of the education facility was completed 1994 and the education expansion was completed in 1998. St. Martin's is a rapidly growing parish with a large number of children, youth and adult ministries that reach beyond the typical Sunday and Wednesday activities. Some of these include Mother's Day out, Scout groups and Spiritual.Awareness Groups. In addition'to these activities the church is actively involved in the support of The Christian Community Storehouse, Meals on Wheels, The Women's Haven and the Union Gospel. Reaching beyond their local mission involvement's they have extended their support to such places as Mexico, Malawi, Ghana and Rwanda for a variety of spiritual and humanitarian needs. The Church has a desire to grow along with the City of Southlake and continue to meet the needs of their Parish as well as those of their community. As was requested by the City Council the church has evaluated their expansion options and developed a Master Plan that reflects their intent for the future. Through this process it has been determined that a number of variances would need to be sought in order for the church's needs to be accommodated within the city's present guidelines. For this reason they are seeking a zoning designation change to "SP" for their property based on the submitted Concept.Plan and the accompanying "S-P-2" District Regulations. Therefore we request that the Zoning Board and the City Council approve this plan and zoning application. Please feel free to contact me if you have any questions regarding this matter. Sincere) , ' tze amuel T. Jones, SLA GSBS Batenhors .Inc REGT DEC 091999 ARCHITECTURE I LANDSCAPE ARCHITECTURE I INTERIOR DESIGN I PLANNING • City of Southlake, Texas CONCEPT PLAN REVIEW SUMMARY Case No: ZA 99-108 Review No: Four Date of Review: 2/11/2000 Project Name: Revised Concept Plan—St. Martin in-the-Fields Episcopal Church APPLICANT: ENGINEER: St. Martin in-the-Fields Episcopal Church GSBS/Batenhort, Inc. 223 South Pearson 7291 Glenview Drive Southlake, TX 76092 North Richland Hills, TX 76180 Phone: (817) 355-9292 Phone: (817) 589-1722 Fax: (817) 571-7794 Fax: (817) 595-2916 Attn. Susan Mitchell Attn. Sam Jones CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/22/99 AND DISTRICT REGULATIONS ON 2/10/2000 WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT LISA SUDBURY AT(817)481-5581,EXT. 862. General Development Standards Applies Comments Corridor Overlay Regulations N None Residential Adjacency Y Complies Building Articulation Y See Comment No.2 Masonry Standards Y Complies Impervious Coverage Y Complies Bufferyards Y See Comment No. 3 Interior Landscape Y See Comment No. 3 Driveways N None 1. An amended plat should be processed and filed with Tarrant County prior to the issuance of building permits for any improvements that cross the property lines. This plan shows two lots with a note that they will be replatted. If all other construction requirements are met, some development may occur on the lots in their current configuration, however no improvements shall be permitted • that cross the property line. ge-S City of Southlake, Texas 2. The following comments pertain to the District Regulations: a. The applicant proposes Section 1.2, PERMITTED USES, consistent with Ordinance 480, Section 8.2 with the following exceptions: 1. Ordinance 480, Section 45.1.7, - Memorial Garden with Columbarium (regarding Cemetery Uses). A cemetery use is required to be located not less than 500 feet from any residence or structure used for living purposes. There are residences within 500 feet of the proposed Memorial Garden. The applicant proposes decreasing the distance to 90'. (Variance Requested.) A cemetery use shall be completely enclosed in a fence with gates capable of being locked. The applicant proposes no fencing. (Variance Requested.) (P&Z Action, 1/6/00: approve as shown.) b. The applicant proposes Section 1.3, DEVELOPMENT REGULATIONS, consistent with Ordinance 480, Section 8, "CS" Community Service District, with the following exceptions: 1. Ordinance 480, Section 8.5 a, -Height:No building or structure shall exceed two and one-half(2 '/2) stories, nor shall it exceed 35 feet. The applicant proposes a height increase of 65' for the 100', proposed stand-alone, ornamental bell tower, with an additional condition that it be no closer than 200' from any property line. Additionally, the applicant proposes a height increase of 30' for the 65' sanctuary,with an additional condition that it be no closer than 175' from any property line. (Variance Requested.) c. The applicant proposes Section 1.5, Screening Standards consistent with Ordinance 480, Section 39, with the following exceptions: 1. Ordinance 480, Section 39 — Where a non-residential use abuts a residential lot or dwelling, a screening device shall be erected along the side and rear property lines abutting said residential lot or dwelling to a height of 8 feet. The applicant proposes a 6' wood fence along the north, adjacent to the residential properties, and no screening along the east and southeast, adjacent to the public parldand dedication. This plan indicates the adjacent residential development is going to construct the fence. Provide documentation regarding this installation. If the fence is not in place when the church comes in for permitting they will be required to erect the fencing. The non- residential development will be responsible for future maintenance unless some other agreement is made between the property owners. (Variance Requested) (P&Z Action, 1/6/00: approve as shown.) d. The applicant proposes Section 1.11, Façade Articulation as follows: 1. Articulation will be reviewed at the time of site plan application. The standard formula for reviewing articulation is not the only method of achieving articulation. Overhangs, projections and indentations as well as, the location and relation of one building to another, groupings, and variations in architectural surface treatments may be considered as methods of achieving articulation. (Variance Requested)(added after P&Z meeting) GC- City of Southlake, Texas 3. The following changes are needed regarding landscaping and bufferyards: a. Show and label a 10' —Type B Bufferyard along the east/rear(728') property line, adjacent to the parkland dedication in Chesapeake. This plan proposes a 40' bufferyard with no plantings. (Variance Requested) (P&Z Action, 1/6/00: approve as shown.) b. Show and label a 10' —Type B Bufferyard along the southeast (394')property line, adjacent to the parkland dedication in Chesapeake. This plan proposes a 10' —Type B for 140' and no bufferyard for the remaining 254', adjacent to the parkland. (Variance Requested) (P&Z Action, 1/6/00: approve as shown.) c. Show and label a 5' — Type A Bufferyard along the south property line of lot 1 and north property line of Lot 2. The plan shows improvements over this property line and a note on the plan that the existing property line to be replatted/removed as noted. It may be possible to proceed with some construction on the individual lots, prior to the replatting, if all other ordinance requirements are met. As long as the lots are separate the bufferyards are required. (Variance Requested) (P&Z Action, 1/6/00: approve as shown.) * Driveways "A" and"D" comply with the driveway ordinance. Driveways `B" and"C" are existing and as approved previously.No additional traffic or use of these driveways is proposed. (Planning and Zoning Commission Action, January 6, 2000:Approved(7—0) subject to concept Plan Review Summary No. 3, dated December 3, 1999, the Commission noted they were not opposed to the variances requested for Items #2.b.1, 2.c.1 and 2.e, but they reserve the right to grant the variances at the site plan stage, and as noted above.) * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a site plan must be approved by the Planning and Zoning Commission and City Council, and a fully corrected site plan submitted to the Building Department along with landscape plan, irrigation plan, building plans, and all required fees. Required fees may include but not be limited to the following fees: Park Fee, Impact Fees, Tap Fees, and related Permit Fees. * This review is based on the "CS" Zoning District Regulations. * A Site Plan must be submitted and approved by the Planning and Zoning Commission and City Council prior to issuance of a building permit. Any future site plans must comply with the conditions of this plan and zoning request. Although no review of the following issues is provided with this concept plan, the applicant must evaluate the site for compliance prior to submittal of the site plan. • Mechanical Equipment Screening per § 43.13c, Ordinance 480, as amended. • Spill-over lighting and noise per §43.13i and §43.13j, Ordinance 480, as amended. G C rI O r r City of Southlake, Texas • Interior landscaping per Landscape Ordinance No. 544A and §43.9C3 and Exhibits 43-B and 43-C on Pages 43-12 and 43-13, Ordinance 480, as amended; and Parking Lot Impacts on interior landscaping in §43.9C3h and Exhibit 43-D on Page 43-14, Ordinance 480, as amended. • Fire lanes must be approved by the City Fire Department. * Denotes Informational Comment cc: Susan Mitchell, St. Martin in-the-Fields Episcopal Church VIA: FAX ABOVE Ty Holcomb, GSBS/Batenhort, Inc. VIA: FAX ABOVE \\SLKSV4001\LOCAL\COMMUNITY DEVELOPMENT\WP-FILES\REV\99\99108CP4.DOC SC.- ( City of Southlake, Texas Case No. 99-108 Review No. One Dated: 10—21 - 99 Number of Pages: 2 Project Name: St. Martin in-the-Fields Episcopal Church(Rezoning/Site Plan) Contact: Keith Martin, Landscape Administrator Phone: (817) 481-5581, x 848 Fax: (817) 421-2175 ------------------ The following comments are based on the review of plans received on 10 - 11 - 99 . Comments designated with a (#) symbol may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z or City Council. It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. LANDSCAPE COMMENTS: • All minimum required interior landscape requirements are correct. • The parking lot landscape area requirements shall be as follows based on the percentage of parking located between the building facade and the R.O.W.. Less than 25% = 15 sq. ft. per parking stall 25% - 75% = 20 sq. ft. per parking stall Greater than 75% = 30 sq. ft.per parking stall Each row of parking stalls shall provide the required landscape area, however, it shall be the applicant's right to place the islands near the buildings, throughout the parking, or at the end of the rows away from the building. The Landscape Administrator may modify the island requirement for each row in situations where it would appear beneficial to combine an awkward or hazardous island into a larger island within the parking area. Planter islands shall have a minimum width of 12' back-to-back if curbed or 13' edge-to-edge if no curb is intended, and shall be equal to the length of the parking stall. Parking lot landscape areas do count towards the total required interior landscape area. • Please locate and label all required bufferyards on the Site Plan. • Please correspond all required bufferyards to the requirements of Section 42 (Bufferyards) of the Zoning Ordinance. • The applicant is proposing to not provide the required landscaping for the east bufferyard. For all non-residential construction the requirements for landscaping shall combine the bufferyard requirements, interior landscape portion of the site and landscape areas for parking areas. TREE PRESERVATION COMMENTS: BUILDING INSPECTIONS S�-c2- City of Southlake, Texas 1. The existing tree shown to be removed has been shown to be removed on all other previously approved Site Plans. The tree is also a Mesquite, which is unprotected. There are no protected trees on the site BUILDING INSPECTIONS 13C--I3 v v Case No. ZA 99-108 Review No. 1 Dated: 10-21-99 Number of Pages: 1 Project Name: Concept Plan—St. Martin in-the-fields Episcopal Church Contact: Ben Henry, PPCS Phone: (817) 481-5581 ext. 824 Fax: (817) 421-2175 The following comments are based on the review of plans received on . Comments designated with a number may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z or City Council. It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. GENERAL COMMENTS: * No initial problems based on submitted information. See specific comments below. TRAIL SYSTEM COMMENTS: # The Trail System Master Plan identifies no trails required. PUBLIC PARK COMMENTS: The Community Services Department acknowledges the future practice ballfield contiguous to the future public park; and would request the applicant consider assisted implementation of the ballfield with construction of the park. The Community Services Department acknowledges elimination of the existing joint-use soccer fields with future development by the applicant. INFORMATIONAL COMMENTS: * Pre-submittals may be required to appear before the Park Board to discuss park dedication issues. Please contact the Community Services Department at (817) 481-5581 ext. 824 for further details. #=Denotes comment that may be included in formal review by P&Z and City Council. * =Denotes informational comment. Park Planning and Construction Superintendent Review - Page 1 99-108.rtfn:wnac-srn.wrn 8 C'' IL( REC1) FEB 10 2000 "S-P-2" SITE PLAN DISTRICT REGULATIONS St.Martin in-the-Fields Episcopal Church November 22, 1999 1.1 PURPOSE AND INTENT. The S-P-2 Site Plan District is utilized to permit flexibility of area regulations while restricting usages. The basic land use district is the"CS"Community Service District. The land area of the St.Martin in-the-Fields Episcopal Church is 11 acres. 1.2 PERMITTED USES: a.) Public,semi-public and parochial/private kindergartens,elementary and secondary schools whose curricula satisfy the requirements of the State Public School Laws and the regulations of the State Department of Education. b.) Religious institutions: churches and facilities for worship,fellowship,and education. c.) Community centers: centers utilized for Boy Scout meetings, Girl Scout meetings,and similar community functions. d.) Van storage: fully enclosed garages for the storage of Church vehicles,not to exceed(4) vehicles or 10%of community center structure. e.) Office or administrative areas and activities supportive of the permitted principal uses. f.) Accessory buildings enclosing equipment or activities in conjunction with the permitted principal uses. No accessory use shall be construed to permit the keeping of articles or materials in the open or outside the building. g.) Indoor&outdoor fundraising activities. h.) Memorial Garden with columbarium in accordance with State Law not to be expanded to within ninety(90)feet of residential zoning. 1.3 DEVELOPMENT REGULATIONS. In this district,the following development regulations shall be applicable: a.) Height: No building or structure shall exceed two and one-half(2- '/2)stories,nor shall it exceed thirty-five(35)feet with the exception of the sanctuary and the bell tower. The sanctuary shall not exceed sixty-five(65)feet and shall not be positioned within one hundred and seventy-five(175)feet of a property line. The bell tower shall not exceed one hundred(100)feet to the highest point and shall not be positioned within 200' of any property line. b.) Front Yard: There shall be a front yard of not less than thirty(30)feet. c.) Side Yard: There shall be a side yard of not less than fifteen(15)feet except where the lot abuts property zoned as single family residential there shall be a side yard of not less than twenty-five(25)feet. d.) Rear Yard: There shall be a rear yard of not less than ten(10)feet except where the lot abuts property zoned as single-family residential there shall be a rear yard of not less than twenty-five(25)feet. e.) Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding fifty(50)percent of the lot area. f.) Maximum Impervious Coverage: The maximum impervious coverage shall not exceed sixty-five(65)percent of the total lot area. However,if the following criteria is met,up to,but not exceeding,an additional 5%of impervious coverage shall be permitted: for each additional one percent(1%)of impervious coverage provided, an additional two(2) feet of width of the required bufferyard(s)adjacent to any street(s)and an additional 1 foot of width to the required side and rear bufferyards shall be added to the site. This requirement may also be satisfied by providing an equivalent amount of land area in the front or sides of the site(exclusive of the bufferyard areas)either by increasing the number and/or size of parking islands,by preserving natural groves of trees,by enhancing natural drainage area,etc. Any alternative means shall be required to have the Page 1 of 3 approval of the Landscape Administrator to ensure that the proposal is practical and will enhance the survivability of existing trees on the site. 557(Requirements for Masonry Construction)for building facades that face any right of way. 1.1 ADDITIONAL DEVELOPMENT REGULATIONS FOR BUILDINGS OR USES LYING WITHIN ONE HUNDRED(100)FEET OF SINGLE FAMILY RESIDENTIAL PROPERTY TO THE NORTH AND EAST ONLY In addition to the development regulations applicable to thi& zoning district,the development regulations in Section 13, Part III, Residential Adjacency Standards,shall also apply. When any requirements in this section are in conflict with any other requirements for this zoning district,the more stringent requirements shall apply. The Southern property line shall be considered exempt from this requirement since it abuts a public park and a 1.5 SCREENING STANDARDS—The following development regulations shall supercede any requirements set forth in Section 39 of this ordinance: a.) A six(6)foot wood fence shall be constructed along the North property line. b.) No fences or screening devices shall be required along the eastern property line. c.) No fences or screening devices shall be required along the southern property line. 1.6 BUFFERYARDS—Bufferyards shall be required in accordance with this document as specified in Section 42 of the City of Southlake Zoning Ordinance with the following exceptions and as noted in the Bufferyard Chart on the Concept Plan: a.) A forty(40)foot wide bufferyard shall be required along the east property line with no required plantings. b.) No bufferyard shall be required along the southeast property line as shown in the bufferyard chart. 1.7 CONCEPT PLAN—A Concept Plan meeting the requirements of Section 41 of this ordinance shall be submitted with a request for zoning to a S-P-2 District. All properties zoned at the effective date of this ordinance,which do not have an approved Concept Plan on file with the City shall submit a Concept Plan meeting the requirements of Section 41 of this ordinance prior to a submittal of a site plan. The Concept Plan shall be processed in accordance with this ordinance and state law for changes in zoning. 1.8 EFFECT OF CONCEPT PLAN—All subsequent site plans shall substantially conform to the Concept Plan approved with the zoning application. 1.9 DEVELOPMENT SITE PLAN—A development site plan shall be required for a building permit within the S-P-2(Generalized)Site Plan District. This site plan shall be prepared and submitted in accordance with Section 40 of this ordinance. Approval of this site plan shall be the authority of the City Council upon a recommendation by the Planning and Zoning Commission. 1.10 VARIANCES—The Board of Adjustment may grant variances of up to,but not exceeding,ten percent(10%)of any required setback or lot coverage requirement established by the City Council in the specific S-P-2 regulations at the time of zoning of said Site Plan District. This approval shall be per the requirements set forth in Section 44.3(b)of the Zoning Ordinance. Page 2 of 3 1.11 Facade Articulation—It is the intent of these"S-P-2"SITE PLAN DISTRICT REGULATIONS to comply with the spirit of the City's"Facade Articulation Standards"requirement for building however, it is also the intent of these"S-P-2"REGULATIONS to avoid the imposition of a rigid mathematical formula to achieve such articulation. Consequently,these"S-P-2"REGULATIONS do require that building facades include design articulation that will be approved with each site plan. Facade articulation may be achieved for individual buildings through a combination of design techniques including,but not limited to the following elements. 1. projections 2. overhangs 3. indentations Façade articulation may also be achieved by considering the effect of the following items. 1. location and relation of one building to another 2. manner in which the buildings are grouped 3. variations in architectural surface treatments such as color,texture,relief, and detail Page 3/of3 81 �1l k gl 131 1 ur-m1/f h 5 i 'ORES •• 1 �$6$ § b & avlo' y .r-m Iff a• In•-./I' . wa,/I I Im'-1 n. 17-(VS. I----i �' -A arE : o I �� — _ -b �. I ! a - � � ` I y / 117' 961 -: ' Q N 0017'�9'W 135.OD' a 1 — , 1 num`� • . r i • a R [ R — P r. 11 Mm -* A 1 . a i : •'-' - 0 „ I a. 4 : l'.1-- UY Fk4gg {_ I 31 _ I g — --—�. F 1 1 ••I' ga; � I £d, .. gl I L L , -_J �a R w i c700 . :.::,:, \ . •VD, ,4i - _ II ` m ,o05{--•- (4.1K ,.::.,,,1:. „:.:.: !a p at • if: 13 ( I 1 1' E�II(A710N 1 �j = m i PHASE 4 i i_ 2 > sl. ((I m o i I ��1.. ...1..I..1_I...1..1..I..L1..1..1 ._I.1 7f (1[L LAIC m ,. 1I...I1..I..1_CLI1..1... Ill_I..I...II-..III I..I..I... i- P N 4------- �! te atoc ova a ..,,-� -'-'-.-.-.-.-.-----'--'-•-•-•-'-•-.-.5 0O'11'20'E,_,191,78•'-•-----.-•—.-.-•---'—.-'-•-•__._-._._._.S 00'11_20'E_435:00'--•-•---•--------------•-------__ --- Sr_-_'\_=,4=__=--_-_T_ - _-_ --_-_�I l__ 1. __—_—__ __ _ __—=1__,I_ 1 I i ' I FOUR PEAKS DEVELOPMENT,INC.T I I 8&I IVOL 1736,PC.66 I LOT 14 1 I LOT 25 1 LOT 26 LOT 36 MK):PUD RESIDENTUL BLOCK TN4CE I I I I I LOT 35 q 1 I LU.D.=LOW DENSOY RESIDENTIAL I 1 I I L-iiii ) Ell 111111 i' " � ;;DIILEV 1. p I F plglAi II II[ l[lllllll�s= A(� 1 11 Nw A D RX s z w 1 ..r,ue2t. �_� �� ` a let Ii om ttt...,l ��$t� RVaA�A -„,,~' Lit mu , � ,®m 11t'ttiIE'lf. PI gi C _ q�6F pp f]p� R q gg u 1 i ': .1,&.::4'',1 —a. z 4-j->-i 1; ;gil 11 1 lei $ '7:41:f 1[[ / 6h r` CITY CABE M AI ER IA00-100 RECONOV 221999 . . CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-321 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOTS -1 AND 2, BLOCK 1, ST. MARTIN-IN-THE-F1ELDS.ADDITION, AN ADDITION:TO THE ;CITY'; OF`,. SOUTHLAKE, : TARRANT°`;. .COUNTY,.,' TEXAS, ACCORDING•TO' THE PLAT"RECORDED .IN CABINET: A, SLIDE 1346, PLAT RECORDS,-TARRANT COUNTY, TEXAS, AND .BEING`APPROXIMATELY 11.8 ACRES, AND MORE FULLY AND COMPLETELY DESeiiIBED IN EXHIBIT "A" FROM ''CS": COMMUNITY CE`SERVI DISTRICT TO GENERALIZED 'SITE PLAN DISTRICT WITH COMMUNITY SERVICE DISTRICT USES AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER 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 N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-321.DOC Page I 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 ''CS .Community Service District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the 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 N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-321.DOC Page 2 Q� ,/� [.7v�oV 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: N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-321.DOC Page 3 SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Lots l and;2, Block 1, St.-Martin-in-the=Fields-Addition, an addition•to`.t g he. City of Southlake,,Tarrant:;County,,"Texas;,,:according'to the:plat recorded In Cabinet'A, Slide 1346, Plat Records, Tarrant_.:County,., Texas, ,and being approximately 11.8•'acres,,and more fully and completely described in Exhibit "A" : . .i from "CS"�Commumty Service District to �.SAP-2:.'�"Generalized Site Plan-District with "CS"-.Community;Service District uses as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B", and subject to the specific conditions established in the motion of the City Council and attached hereto and incorporated herein as Exhibit"C." 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 N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-321.DOC Page 4 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 N:ICOMMUNITY DEVELOPMENT IWP-FILES\ZBA\PENDING\480-321 DOC - Page 5 Qn fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-321.DOC Page 6 SG2t( PASSED AND APPROVED on the 1st reading the day of , 2000. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2000. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-321.DOC Page 7 EXHIBIT "A" Lots 1-and 2,`Block 1, St.',Martin-in-the-Fields Addition, an addition to the`City:of Southlake, Tarrant County, Texas according to the plat recorded in Cabinet A;.Slide 1.346,:Plat_Records, Tarrant-County, Texas, and being;appro imateiy 11.&:acres;;, N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-321.DOC Page 8 6 C-26 EXHIBIT "B" r . ,"-,,.7, AA �1.1ARAlill Fl dde1 i II 1 2 ill • as R1 A). P 1_ ,i1 1 1U Yr IN OVA ir` — Ca I, IN :II. w-wr I I I N01r,o r _ _. . ! b . w 4mA' 7 O O Novu'AR'wu5.00' i + : l PmM -y.; iz 1 r,„, r..e - P - II ' I i- . ' -'.w m\ : k g 1 ii = \ a33 L \ a n=51 tea ._ \\\\\\\' 4 7 _ 1-3 L, 6 . et i; :a ;!.2 F11 I Aft AWEt • ! h AWE 4 AF. , i �� - - gig " c 11..i...i.11.<..1..111�i 11.l-I..1 I_l..II..I..LI._i..i-i.l..�..Uoa I � 1( IIIi MtX I --- IE o T� \ '.i...I..�..1..F.TJ l..i-�TIII.i..�..T.i1.�..�..�.r.�..�-�.it 1i'I!! NI S 00'I lYO'E 7e'l9. K Y"■ ---- S 001 1 20 E 435.00' _-— ==_= '\_fe_==—____T- _- _= - �__gr.. =—==—_�=_—== _- I I _ , ,FOUR PUKS OEVELOPVENT.INC. , VOL IAe.PO.es i I I LOT 14 : i Ear u i � LOT Is I I ZONED:POD R[SCOMAL I LOT as L0r 35 LA.O.=LOW OENSIT2 SESORNOAL 77��jpI E L2gggN Z I ! a o PIN.! g o '1 3 3 ## gg -D *g1° int 1-1I12 MI 1 Ilrll�f�Lli Ili a; 1 I� l! 8€ kki&Fill,ITm m d e:o �ii tlttc■■■u = $ c # )z �y:•,m71!�^' L7 at n 3 ' _ qIn •1jLi � 'r. l • B m 7A 3� •ii 1 1 HIE =g I 9=1$" Wt.? Q A 14Rs ^•111.-11 C ,C CC an aa.3aCa 3 F `1 i Ilk .. .111.-1 BX - a E �x ny l . 11f1u11I111 a 1 ) !ja m 3§ ` ) I 1 V3IVIglg ;E g . . II?: x 1 g 1 P ei I ill 0 , CITY CABE Ni.s.ea ZAY-W • REC'DNOV 221999 N:1COMMUNITY DEVELOPMENT\WP-FILES\ZBAIPENDING1480-321.DOC Page 9 Q VC.r2 1 1 i EXHIBIT "B" "S-P-2"SITE PLAN DISTRICT REGULATIONS St.Martin in-the-Fields Episcopal Church November 22,1999 1.1 PURPOSE AND INTENT. The S-P-2 Site Plan District is utilized to permit flexibility of area regulations while restricting usages. The basic land use district is the"CS"Community Service District. The land area of the St.Martin in-the-Fields Episcopal Church is 11 acres. 1.2 PERMITTED USES: a.) Public,semi-public and parochial/private kindergartens,elementary and secondary schools whose curricula satisfy the requirements of the State Public School Laws and the regulations of the State Department of Education. b.) Religious institutions:churches and facilities for worship,fellowship,and education. c.) Community centers:centers utilized for Boy Scout meetings,Girl Scout meetings,and similar community functions. d.) Van storage:fully enclosed garages for the storage of Church vehicles,not to exceed(4) vehicles or 10%of community center structure. e.) Office or administrative areas and activities supportive of the permitted principal uses. f.) Accessory buildings enclosing equipment or activities in conjunction with the permitted principal uses. No accessory use shall be construed to permit the keeping of articles or materials in the open or outside the building. g.) Indoor&outdoor fundraising activities. h.) Memorial Garden with columbarium in accordance with State Law not to be expanded to within ninety(90)feet of residential zoning. 1.3 DEVELOPMENT REGULATIONS. In this district,the following development regulations shall be applicable: a.) Height: No building or structure shall exceed two and one-half(2-''A)stories,nor shall it exceed thirty-five(35)feet with the exception of the sanctuary and the bell tower. The sanctuary shall not exceed sixty-five(65)feet and shall not be positioned within one hundred and seventy-five(175)feet of a property line. The bell tower shall not exceed one hundred(100)feet to the highest point and shall not be positioned within 200'of any property line. b.) Front Yard: There shall be a front yard of not less than thirty(30)feet. c.) Side Yard: There shall be a side yard of not less than fifteen(15)feet except where the lot abuts property zoned as single family residential there shall be a side yard of not less than twenty-five(25)feet. d.) Rear Yard: There shall be a rear yard of not less than ten(10)feet except where the lot abuts property zoned as single-family residential there shall be a rear yard of not less than twenty-five(25)feet. e.) Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding fifty(50)percent of the lot area. f.) Maximum Impervious Coverage: The maximum impervious coverage shall not exceed sixty-five(65)percent of the total lot area. However,if the following criteria is met,up to,but not exceeding,an additional 5%of impervious coverage shall be permitted:for each additional one percent(1%)of impervious coverage provided,an additional two(2) • feet of width of the required bufferyard(s)adjacent to any street(s)and an additional 1 foot of width to the required side and rear bufferyards shall be added to the site. This requirement may also be satisfied by providing an equivalent amount of land area in the front or sides of the site(exclusive of the bufferyard areas)either by increasing the number and/or size of parking islands,by preserving natural groves of trees,by enhancing natural drainage area,etc. Any alternative means shall be required to have the REC'CN©V 221999 N:\COMMUNITY DEVELOPMENT\WP-F1LES\ZBA\PENDING\480-321.DOC Page 10 ~ZL7 EXHIBIT "B" approval of the Landscape Administrator to ensure that the proposal is practical and will enhance the survivability of existing trees on the site. g.) Any new construction within this district shall be required to comply with Ordinance No. 557(Requirements for Masonry Construction)for building facades that face any right-of- way. 1.4 ADDITIONAL DEVELOPMENT REGULATIONS FOR BUILDINGS OR USES LYING WITHIN ONE HUNDRED(100)FEET OF SINGLE FAMILY RESIDENTIAL PROPERTY TO THE NORTH AND EAST ONLY— In addition to the development regulations applicable to this zoning district,the development regulations in Section 43,Part III,Residential Adjacency Standards,shall also apply. When any requirements in this section are in conflict with any other requirements for this zoning district,the more stringent requirements shall apply. The Southern property line shall be considered exempt from this requirement since it abuts a public park and a commercially zoned property. 1.5 SCREENING STANDARDS—The following development regulations shall supercede any requirements set forth in Section 39 of this ordinance: a.) A six(6)foot wood fence shall be constructed along the North property line. b.) No fences or screening devices shall be required along the eastern property line. c.) No fences or screening devices shall be required along the southern property line. 1.6 BUFFERYARDS—Bufferyards shall be required in accordance with this document as specified in Section 42 of the City of Southlake Zoning Ordinance with the following exceptions and as noted in the Bufferyard Chart on the Concept Plan: a.) A forty(40)foot wide bufferyard shall be required along the east property line with no required plantings. b.) No bufferyard shall be required along the southeast property line as shown in the bufferyard chart. 1.7 CONCEPT PLAN—A Concept Plan meeting the requirements of Section 41 of this ordinance shall be submitted with a request for zoning to a S-P-2 District. All properties zoned at the effective date of this ordinance,which do not have an approved Concept Plan on file with the City shall submit a Concept Plan meeting the requirements of Section 41 of this ordinance prior to a submittal of a site plan. The Concept Plan shall be processed in accordance with this ordinance and state law for changes in zoning. 1.8 EFFECT OF CONCEPT PLAN—All subsequent site plans shall substantially conform to the Concept Plan approved with the zoning application. 1.9 DEVELOPMENT SITE PLAN—A development site plan shall be required for a building permit within the S-P-2(Generalized)Site Plan District. This site plan shall be prepared and submitted in accordance with Section 40 of this ordinance. Approval of this site plan shall be the authority of the City Council upon a recommendation by the Planning and Zoning Commission. 1.10 VARIANCES—The Board of Adjustment may grant variances of up to,but not exceeding,ten percent(10%)of any required setback or lot coverage requirement established by the City Council in the specific S-P-2 regulations at the time of zoning of said Site Plan District. This approval shall be per the requirements set forth in Section 44.3(b)of the Zoning Ordinance. N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-321.DOC Page 11 • I. EXHIBIT "C" This page reserved for the approved City Council motion. N:\COMMUNITY DEVELOPMENT\WP-FILES\ZBA\PENDING\480-32I.DOC Page 12 Se--....3O City of Southlake, Texas MEMORANDUM February 11, 2000 TO: Billy Campbell, City Manager • FROM: Shawn Poe, Senior Civil Engineer SUBJECT: Approval of the Capital Improvements Program (CIP) projects for the 1999- 2000 Fiscal Year Action Requested: Approve the projects for the FY99-00 CIP. Background Information: Each year, staff proposes projects to be included in the City's Capital Improvements Program (CIP). The projects recommended by;staff were discussed in detail at the January 24, 2000 City Council Work Session. Staff, at the direction of City Council, explored several alternatives to the projects recommended at the work session. Financial Considerations: At the January 18, 2000 City Council meeting, City Council approved and authorized publication of notice of intent to issue Certificates of Obligation (C.O.'s)to fund the FY 1999-00 CIP projects. The C.O.'s debt service payments are paid from the following four sources: property taxes (general fund), impact fees collected, utility fund revenues (water/sewer fund), and tax increment financing (TIF) for improvements constructed in the tax increment reinvestment zone(TIRZ). • The CIP projects for this fiscal year have been divided into the following two categories: continuation projects and new initiative projects. Continuation projects have been previously approved by City Council and have been partially funded in prior years of the CIP budget. Most;of the continuation projects have been designed and/or are under construction. New initiative projects have not been approved by City Council. Subsequently, funds have not been appropriated for these projects in the CIP budget. CONTINUATION PROJECT FUNDING Since the continuation projects are either designed or are under construction, staff placed funding for these projects a priority. Exhibit. 1 • tabulates the continuation projects, the proposed cost to be budgeted in the FY99-00 CIP budget, the amount previously budgeted in prior years of the CIP budget, and the total cost of the project. The funding sources are summarized for the continuation projects beginning with line A47 on Exhibit 1. The project costs (lines B49-B51) are grouped according to the funding source utilized to pay the corresponding C.O.'s dept service 10A- 1 • City of Southlake, Texas payment. The proposed issuance of C.O.'s for each corresponding funding source is listed on lines C49-051. The remaining balance for each funding source will be utilized to fund the proposed new initiative projects. However, in the case with the property tax or general fund source, there is a negative balance. Consequently, all the projects funded with property taxes listed in Exhibit 1 (lines A28-A40) cannot be funded. City Council will be required to prioritize these projects. Exhibit 2 is the staff recommendation for the project priority for the property tax funded projects. As shown on Exhibit 2, once the recommended projects are budgeted, there is a balance of$1,057,545. This balance will be used to fund new initiative projects. NEW INITIATIVE PROJECT FUNDING The new initiative projects proposed to be funded are listed on Exhibit 3. The project description and estimated cost for each project is summarized. The funding sources are summarized for the new initiative projects beginning with line A38 on Exhibit 3. The project costs (lines B40-B42) are grouped according to the funding source utilized to pay the corresponding C.O.'s dept service payment. The balance from the proposed issuance of C.O.'s (after funding the continuation projects) for each corresponding funding source is listed on lines C40-C42.' As shown on Exhibit 3 (line D40), there is a negative balance for the property tax funded projects. In other words, not all of the proposed projects can be funded utilizing the proposed debt to be issued. In order to fund the • property tax funded new initiative projects, staff recommends using funds remaining from the following sources: previously funded and constructed projects (FY 1996-98) and projects previously funded that have not been constructed due to Council direction or a change in priority. These remaining funds total approximately $2,733,500. Exhibit 4 outlines the proposed property tax funded new initiative projects to be budgeted for the FY99-00. Utilizing the $2,733,500 in remaining funds, all the'proposed new initiative property tax funded projects can be budgeted. The balance for the TIF funded projects on line D42 of Exhibit 3 is a negative balance. The balance is for projects associated with the construction of new Carroll Independent School District (CISD) facilities along S. Kimball, i.e. S. Kimball reconstruction and sanitary sewer to serve the CISD Kimball site. It is the City's intent to fund these projects using TIF funds. The City plans to issue future debt near the end of the FY99-00 or early FY00-01 to fund this balance. However, if the property values within the TIRZ are not sufficient to support the issuance of debt required to fund these projects, the projects will be included in the City's CIP budget. Thus, the projects will be constructed using funds from sources such as the water/sewer fund, general fund, and impact fees. If these projects are funded using other sources than TIF funds; due to the 10A-2 Fry- City of Southlake, Texas amount of funding required to fund these projects ($3,398,887), reprioritization of the CIP projects will have to occur by Council. The CISD has budgeted to construct the north half of S. Kimball (two- lanes and half of median) along the frontage of the stadium site from Heritage Business Park. The City can reimburse CISD once the debt has been issued to cover the expense of the projects. Citizen Input/ Board Review: Citizens have inquired on nearly all of the CIP projects (continuation and new initiative projects). Staff has recommended the previously discussed CIP projects based on factors such as cost, need, and justification. Legal Review: Not applicable Alternatives: City Council_may add, delete, and/or prioritize the projects discussed, as they deem necessary. It was suggested at the work session that additional funds could be obtained to fund other projects by revising the scope of the N. Peytonville reconstruction (item A22 on Exhibit 3). Currently, the estimated cost($1,625,000) is for the reconstruction of N. Peytonville. By reducing the scope of the project, the estimated cost can be reduced. For instance, instead of budgeting for a complete reconstruction, budget for an . asphalt overlay. Staff estimated the cost to construct a 3" overlay for N. Peytonville from Dove.to Raven Bend. The scope of the project would include repairing the roadbase failures and applying a 3" asphalt overlay. The estimated • cost for this project scope is $750,000. Therefore, if Council chooses this option, approximately$875,000 could be used to fund other projects. Some of the other possible projects mentioned at the work session along with the estimated cost for each are tabulated below: Project Description Estimated Cost S. Carroll from 1000' south of FM . $400,000 1709 to south property line of Oak Tree Estates (complete half of ultimate road) Remove hill along Continental west of $375,000 Carroll and cul-de-sac Old Brumlow Supporting Documents: Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 CIP Project Map 10A-3 PIPrCity of Southlake, Texas Staff Recommendation: Staff recommends Council chooses and prioritizes the continuation and new initiative CIP projects as discussed and approve the CIP projects for the FY99-00. Please place this item on the February 15, 2000 Regular City Council Meeting for review and consideration. do o , SEP/sep 10A-4 EXHIBIT 1 FY1999-00 CIP CONTINUATION PROJECTS A B C D PROPOSED BUDGETED PREVIOUSLY TOTAL PROJECT 1 PROJECT COST FOR FY99-00 BUDGETED IN CIP COST 2 SEWER =:::i'.`_> >:;::sear:I]::ssss::x::.:.::s.:;..s,:c,, INFRASTRUCTURE(IMPACT FEE ELIGIBLE) �>'r�•<s••<� - 3 DOVE ESTATES LIFT STATION $300,000 $0 $300,000 4 DOVE STREET FORCE MAIN PHASE 1 (LONESOME DOVE TO KIRKWOOD) $627,200 $1,119,800 $1,747,000 5 DOVE STREET FORCE MAIN PHASE 2(SHADY LANE TO DOVE) $1,287,200 $712,800 $2,000,000 6 LIFT STATION AT SHADY LANE $182,500 $467,500 $650,000 7 N.KIMBALL SEWER FROM MESCO TO SHADY LANE $55,500 $250,000 $305,500 8 N-5 SEWER(FM 1709 TO SHADY LANE) $165,500 $352,000 $517,500 , 9 TOTAL SEWER INFRASTRUCTURE $2,617,900 $2,902,100 $5,520,000 10 11 WATER INFRASTRUCTURE(IMPACT FEE ELIGIBLE) inalliMISWi _l aPitt'<"`gai ' >';:„''r.% 12 20"OVERSIZE THROUGH TOWN CENTER $130,000 $0 $130,000 13 24"TRANSMISSION LINE FROM TROPHY CLUB $600,000 $911,000 $1,511,000 14 12"WATER LINE ALONG DOVE FROM WHITE CHAPEL TO CARROLL $277,200 $22,800 $300,000 15 30"/36"WATER LINE TO SH 114 $500,000 $5,233,516 $5,733,516 16 TOTAL WATER INFRASTRUCTURE $1,507,200 $6,167,316 $7,674,516 17 18 NEIGHBORHOOD SEWER PROGRAM/MISC.INFRASTRUCTURE z<: .' 1� `„ la'`:K' `�' ` ' `>€"t4`� '[, 5>>= (WATER/SEWER FUND) .i�•c+.:o�k:�•.t::.. ...�1:: � :..:....::: :::.N6:�i"YIi' ::.�3 '.UMW k% m�',.':.::�'%i.-'f:% 19 HERITAGE PARK INFRASTRUCTURE IMPROVEMENTS(PAYBACK PER DEVELOPER AGREEMENT $111,500 $0 $111,500 20 UTILITY RELOCATION FOR SH 114 RECONSTRUCTION $700,000 $0 $700,000 21 CROSS TIMBER SEWER $580,000 $1,320,000 $1,900,000 22 TIMBERLINE/WOODSEY SEWER $288,600 $43,290 $331,890 23 RANDOL MILL ESTATES SEWER . $250,000 $37,500 $287,500 24 HILLSIDE ESTATES SEWER $130,800 $19,620 $150,420 25 TOTAL NEIGHBORHOOD SEWER PROGRAM $2,060,900 $1,420,410 $3,481,310 ^6 ' 7 NEIGHBORHOOD STREETS/DRAINAGE PROJECTS(GENERAL FUND) is`g;d" °4 :�k'.`':" _8 W.HIGHLAND FROM SHADY OAKS TO N.WHITE CHAPEL $94,260 $301,480tt $395,740 29 W.DOVE ST.RECONSTRUCTION-SH 114 TO WHITE CHAPEL $254,260 $150,000 $404,260 30 W.JONES CHANNEL IMPROVEMENTS $350,000 $650,000 $1,000,000 31 W.CONTINENTAL BLVD.RECONSTRUCTION $1,100,000 $0 $1,100,000 32 BURNEY LANE RECONSTRUCTION FROM N.CARROLL TO LONESOME DOVE $453,000 $147,000 $600,000 33 PINE RECONSTRUCTION $200,000 $0 $200,000 34 DOVE ACRES STREETS(MOCKINGBIRD&ROBIN) $218,592 $19,008 $237,600 35 UNION CHURCH/S.PEARSON RECONSTRUCTION(includes 12"waterline) $800,000 $88,528 $888,528 36 W.BOB JONES RECONSTRUCTION(a) $17,640 $202,860 $220,500 37 E.BOB JONES RECONSTRUCTION(a) $34,703 $399,087 $433,790 38 SHADY OAKS REALIGNMENT @ DOVE $700,000 $350,000 $1,050,000 39 T.W.KING REHAB. $581,532 $50,568 $632,100, 40 N.PEARSON LN.RECONSTRUCTION $104,800 $335,200 $440,000 41 TOTAL NEIGHBORHOOD STREETS/DRAINAGE IMPROVEMENTS $4,908,787 $2,693,731 I $7,602,518 42 43 TIF DISTRICT PROJECTS WPM. ., ;'ry ; ''°`1g%V r 11•1. 'NVI 44 S-7 SEWER EXTENSION $450,000 $550,000 $1,000,000 45 TOTAL TIF FUND $450,000 $550,000 $1,000,000 46 47 FUNDING SOURCE SUMMARY , >q y' T c : ~> 1- iy/ 48 PROJECT TOTAL C.O.'s ISSUED 'BALANCE 49 PROPERTY TAX(GENERAL FUND) $4,908,787 $3,780,000 ($1,128,787) 50 UTILITY FUND REVENUE(WATER/SEWER FUND)&IMPACT FEES $6,186,000 $9,000,000 $2,814,000 51 _ TIF FUNDS $450,000 $11,600,000 $11,150,000 AS OF 2/10/00 1 OP-5 exhibit 1A.xls EXHIBIT 2 FY 1999-2000 PROPERTY TAX FUNDED CONTINUATION PROJECTS PRIORITY PROPOSED PREVIOUSLY i BUDGETED COST BUDGETED IN TOTAL PRIORITY PROJECT DESCRIPTION FOR FY99-00 CIP PROJECT COST : STATUS Contract awarded;Project 1 W.Highland from Shady Oaks to White Chapel $94,260 $301,480 $395,740 under construction Contract awarded;Project 2 W.Dove from SH 114 to White Chapel $254,260 $150,000 $404,260 under construction Contrast awarded;Begin 3 W.Jones Channel Improvements $350,000 $650,000 $1,000,000 construction Feb.2000 Project designed;begin 4 W.Continental from Peytonville to White Chapel $1,100,000 $0 $1,100,000 construction March 2000 Project designed;begin 5 Bumey Lane from Carroll to Lonesome Dove $453,000 _ $147,000 $600,000 construction March 2000 Project being designed; Begin construction April 6 Pine Drive Reconstruction $200,000 $0 $200,000 2000 Design proposal being • •. obtained;Begin 7 Dove Acres Street Recon.(Mockingbird and Robin) $218,592 $19,008 $237,600 construction April 2000 8 W.Bob Jones Reconstruction(engineering only) $17,640 $202,860 $220,500 Project not designed 9 E.Bob Jones Reconstruction(engineering only) $34,703 $399,087 $433,790 Project not designed TOTAL $2,722,455 $1,889,435 $4,591,890 Certificates of Obligations issued for FY99- ' 00 $3,780,000 ' Remaining Balance $1,057,545 PROJECTS TO BE FUNDED IN SUBSEQUENT ' YEARS ' Delay Reimbursement to 10 Shady Oaks Realignment(Reimburse TxDOT) $700,000 $350,000 $1,050,000 TxDOT until FY00-01 Project not designed.Road T.W.King Reconstruction(Trophy Wood Drive to is not proposed to be 11 SH 114) $581,532 $50,568 $632,100 closed until 2001 Project being designed; . Begin construction following substantial 12 Union Church/S.Pearson Reconstruction $800,000 $88,528 $888,528 development of area Project not designed. Keller will participate with 13 N.Pearson Reconstruction $104,800 $335,200 $440,000 funding in 2001 TOTAL TO BE FUNDED IN SUBSEQUENT YEARS $2,186,332 $824,296 $3,010,628 ' exhibit 2A.xls 2/10/00 10A-6 EXHIBIT 3 FY1999-00 PROPOSED CIP NEW INITIATIVE PROJECTS A B C D COST INCURRED FOR TOTAL PROJECT 1 PROJECT FY99-00 COST 2 WATER INFRASTRUCTURE(IMPACT FEE ELIGIBLE) '': zq '''> !: %:, `>- :'zPEg 3 12"WATER LINE ALONG N.PEYTONVILLE FROM DOVE TO RAVEN BEND $390,000 $390,000 4 12"WATER LINE ALONG N.PEYTONVILLE FROM FM 1709 TO RAVEN BEND(ENGINEERING ONLY) $45,000 $495,000 5 JOHNSON 12"WATERLINE $300,000 $300,000 6 TOTAL WATER INFRASTRUCTURE S735,000 $1,185,000 7 8 ROADWAY PROJECTS(IMPACT FEE ELIGIBLE) W ` ligi`, Aid ,-;: ;: AU ;t; 9 DAVIS/CONTINENTAL TRAFFIC LIGHT $150,000 $150,000 10 JOHNSON ROAD RECONSTRUCTION $1,200,000 $1,200,000 11 TOTAL ROADWAY PROJECTS $1,350,000 $1,350,000 12 13 NEIGHBORHOOD SEWER PROGRAM&MISC.INFRASTRUCTURE(WATER/SEWER FUND) W ` ?' >":>:%?l' >::<y': 14 CDBG PROJECT(OAK LANE MOBILE HOME PARK) $300,000 $300,000 15 MAGUIRE THOMAS PARTNERS INFRASTRUCTURE REIMBURSEMENT $60,000 $60,000 16 PEARSON LANE/PECAN ACRES(ENGINEERING ONLY) $43,200 $331,890 17 HUNTER'S RIDGE SEWER $200,000 $200,000 18 TOTAL NEIGHBORHOOD SEWER PROGRAM $603,200 $891,890 19 • 20 NEIGHBORHOOD STREETS/DRAINAGE PROJECTS&MISC.PROJECTS(GENERAL FUND) ' ;.y _ " • 21 FM 1709 TRAFFIC MITIGATION PROJECTS $200,000 $200,000 22 N.PEYTONVILLE RECONSTRUCTION FROM SOUTHRIDGE LAKES TO DOVE $1,625,000 51,625,000 23 STREET FAILURE REHAB-TIMARRON,TIMBERLAKE,SR LAKES,ETC. $600,000 $600,000 24 PUBLIC WORKS FACILITY $300,000 $300,000 25 MISSION HILLS/CHAPEL DOWNS CHANNEL IMPROVEMENTS $600,000 $600,000 26 VISTA TRAILS DRAINAGE IMPROVEMENTS(WALL PROPERTY) $100,000 $100,000 27 SLURRY SEAL IN VARIOUS SUBDIVISIONS(PUBLIC WORKS OPERATIONS) $100,000 $100,000 28 SHOEMAKER DRIVE CONSTRUCTION(ENGINEERING AND A PORTION OF CONSTRUCTION) $111,250 . $222,500 29 TOTAL ROADWAY/DRAINAGE IMPROVEMENTS $3,436,250 $3,547,500 30 31 TIF DISTRICT PROJECTS t%i ;=; s`;; qss ' 32 S.KIMBALL FROM FM 1709 TO CROOKED LN(ENGINEERING ONLY) $200,000 $4,472,282 33 SEWER TO KIMBALL SCHOOL SITE $370,000 $370,000 ' 34 S.KIMBALL EXTENSION FROM CROOKED LN.TO HERITAGE BUS.PARK $1,978,887 $1,978,887 ' 35 TOWN CENTER $12,000,000 $12,000,000 36 TOTAL TIF FUND $14,548,887 $18,821,169 37 38 FUNDING SOURCE SUMMARY iyh "„ ; . M 39 PROJECT TOTAL C O.'s ISSUED' BALANCE 40 PROPERTY TAX(GENERAL FUND) $3,436,250 $1,057,545 ($2,378,705) 41 UTILITY FUND REVENUE(WATER/SEWER FUND)&IMPACT FEES $2,688,200 $2,814,000 .$125,800 42 TIF FUNDS $14,548,887 $11,150,000 ($3,398,887) 43 44 'REMAINING FUNDS AFTER CONTINUATION PROJECTS ARE FUNDED 45 46 AS OF 2/10/00 ' OA 1 I exhibit 3A.xls EXHIBIT 4 FY 1999-2000 PROPERTY TAX FUNDED NEW INITIATIVE PROJECTS PRIORITY PROPOSED BUDGETED COST PRIORITY PROJECT DESCRIPTION FOR FY99-00 TOTAL PROJECT COST STATUS Contract awarded; Project 1 F.M. 1709 Traffic Mitigation (Left Turns) $200,000 $200,000 under construction Project not designed; Begin construction April 2 N. Peytonville from Dove to Raven Bend $1,625,000 $1,625,000 2000 Project not designed; Begin construction May 3 Street Failure Rehab. (Timberlake, Southview) $600,000 $600,000 2000 Project not designed; Begin construction May 4 Public Works Center Improvements(Fire Sprinklers) $300,000 $300,000 2000 Project designed; Begin 5 Mission Hills/Chapel Downs Channel Improvements $600,000 $600,000 construction June 2000 9 Project not designed; Begin construction June 6 Vista Trails Drainage Improvements(Wall Property) $100,000 $100,000 2000 Begin construction March 7 Slurry Seal in Various Subdivisions $100,000 $100,000 2000 Project not designed; Begin construction August 8 Shoemaker Drive Construction $111,250 $222,500 2000 TOTAL PROPOSED BUDGET $3,636,250 $3,747,500 Funds from Issued C.O.'s $1,057,545 Remaining Funds from Prior Issued C.O.'s $2,733,500 :Remaining Balance $154,795 • exhibit 4A.xls 2/10/00 City of Southlake, Texas MEMORANDUM February 11, 2000 TO: Billy Campbell, City Manager FROM: Shawn Poe, Senior Civil Engineer SUBJECT: Establish design parameters and authorization to advertise for bids for the reconstruction of Pine Drive from South White's Chapel to Lilac Lane Action Requested: Staff requests Council to establish design parameters and authorize staff to advertise for bids for the reconstruction of Pine Drive from S. White's Chapel to Lilac Ln. Background Information: The sanitary sewer along Pine Drive was installed and completed in November 1999. The reconstruction of Pine Drive was scheduled to begin following construction of the sanitary sewer. The reconstruction of Pine Dr: is budgeted in the FY99-00 CIP budget (the FY99-00 CIP budget is scheduled to be approved at the February 15, 2000 City Council meeting). The reconstruction of Pine Dr. will be bid following approval of the CIP budget and completion of the engineering plans. The reconstruction of Pine includes realigning Pine with S. White Chapel (see attached project map). The City purchased land in February 1999 to accommodate the realignment. Following the realignment, Pine Drive will intersect perpendicular to S. White Chapel, which will provide for an intersection that is improved over the one that exists today. Currently, the road width varies between 15'-18'. Trees line both sides of the road almost the entire length of Pine Dr. There is limited right-of-way in some areas if the roadway is widened. Before the engineering plans can be completed, the City Council must decide on the design parameters (more specifically, the roadway width to be constructed). The standard width for an asphalt roadway is 22' wide: If the road is widened to the standard width, additional right-of-way may be required in areas and several trees will be candidates for removal. Financial Considerations: The estimated cost to reconstruct Pine Drive is $200,000. This amount is budgeted in the FY99-00 CIP budget. This estimate includes reconstructing the existing roadway to a width of 22' and the realignment of Pine Dr. at S. White Chapel. This estimate does not include the cost for 10B- 1 PrCity of Southlake, Texas additional right-of-way. This additional right-of-way cost was not included in the estimated cost because at the time of estimation, it was not known that more right-of-way might be required to construct the 22' wide roadway. Citizen Input/ " Board Review: A neighborhood SPIN meeting was held on February 8, 2000, to discuss the reconstruction of Pine Drive (see attached sign-in sheet). Four design alternatives were presented to the residents. The first design alternative was reconstructing the road to a 22' width; the second alternative was reconstructing the road to a 20' width; the third alternative was reconstructing the road to an 18' width; and the fourth alternative was repaving the existing roadway to the width that exists today, which varies between 15'-18'. The consensus from the residents was to reconstruct the roadway to.the width that currently exists today (alternative four). This design alternative would eliminate the need for right-of-way and result in minimal tree removal. The residents also expressed concern with the potential increased speeds along Pine Drive following construction of Pine. The residents expressed a desire to explore installing speed humps along Pine and reducing the speed limit. There was obvious concerns related to tree removal along Pine Drive if the road is widened. Several residents inquired about installing a sidewalk along Pine. -I I Legal Review: Not applicable Alternatives: . Staff recommends reconstructing the roadway to the standard widthof 22' for engineering and safety concerns. However, the City Council may direct staff to design Pine Drive to any width. Although not ideal in . engineering standards, the 18' width would provide a minimum clearance for the passing of oncoming vehicles in opposing directions. Additionally, this width will minimize tree removal and acquisition of additional right- of-way for a roadway width greater than 18'. Lake Drive and the roads in the Shady Lane/Raintree area were reconstructed with an 18' width-per Council direction. The estimated cost savings for reconstructing Pine Drive to widths smaller than 22' are tabulated below(estimated cost for 22' width is $200,000): Pavement Width Estimated Cost Estimated Project Savings Cost 20' $12,600 $187,400 18' $16,000 $184,000 10B-2 City of Southlake, Texas The savings for reconstructing Pine Drive to a width smaller than 22' would not result in an amount of money sufficient to construct a sidewalk along Pine Drive. The estimated construction cost to install a 4' sidewalk is $30,000. This amount does not include the cost for additional right-of- way or easements required constructing the sidewalk. There is not an existing sidewalk on Lilac or White Chapel to tie-into with a sidewalk on Pine Drive. Due to this factor as well as the factors of limited right-of- way width and cost for construction, a sidewalk along Pine Drive is not feasible at this time. Supporting Documents: Project map SPIN Meeting sign-in sheet Staff Recommendation: Staff recommends that Council establish design parameters for Pine Drive so that the construction plans can be completed. Furthermore, staff recommends authorization for staff to advertise for bids for the reconstruction of Pine Drive. Please place this item on the February 15, 2000 Regular City Council Agenda for review and consideration. J 110 SEP/sep 10B-3 i • • • • • T• I I ', I I ,� ' Z •LA REYis /N1 r — �PINE ACRES I I t� m ri I sIf WHITE CHAPEL PLACE ADDITION j L.i• -- 1 I _ _ r Oo CAADID }oN ~ �'� CASH ACRES A', PIYEI �30 ,fNHEE YE I - oO P at 1 I [1:1 B e y� tMICHAELPITHRDfP /f v Of ""�`°OITIRs I LLLOT 1 I 'rdm"43r114J Q ® �S I TRACT FABS •Set I LOT 1 / �� .` m ,�� k O. 8101' '�s:Ir M -- -- ---,-,�+ _� �,i _"INE DRIVE •. de ! ✓ I .,, I // • 200 PINE DRIVE �;,N%rrs ta71: - -- P7 it I r+r>tr iy qr "..,I, .v �o�.= .;v le l Z w I' Na 1 •M w o I 185 PINE pRIVE I v I �A �a WHITE CHAPEL 1190 SAT - I fSO ILAC L E Cn I ai I EMI- F.F,: 1 1 ~ 1 o l f, o 1 i OF I L 1. L 1 .� SAND LOT 1 ALLEY omN spa I 1 sig o 1 C I I W_• I l I •n I d I gItt N I �p I r WaN I d-o+ 10.14 d3N I 1 d h r WHITE CHAPEL METHODIST �• ADDITION- I • rI I . I a I N�� _ I I .., I r4 Ii GIB I I ! -- -- � -- 11 E�.� I L z O.V. KNIGHT No. eea AdDITIDN I...., S SHOWING PAVEIENT WIDTH OF 22 FEET! I r • si\C,1,__LZ(. . (:)° . *Mil, 4112 SPIN SIGN-IN SHEET . :_p_c: Pine Drive # 4 Reconstruction . • SPIN #9w Meeting January 27,2000 -- - -- - • c :»W..0.....:b:t.a... ...: ..: " ., ...r: ........ . .. : �2 r � . y . ..N. Y z......:.sr. Yu». :. rW.. ! :N...A; �� .....y.... � :y rY x:: .. ��t+ wC 3 ra H'33 a� � iQt a a� i. ! r r„r t.s{. y:�: N .t ,.Y m� n� p: .3�.4f .r. F. €:..v �y ,� � n �� W .dR. .. ": M " : •v .' • "� �x "l , % n£� G i: Y4�YY€ . ' ,< l✓:as*~<r: !•.,.nao :<•o.o f � . A �. � xr� :r S: ' Tw J � * 7 . � xffild � D a Hmi�eet S• 1 W04-/-4n _ a lags 4 -327-12 7 P ? 9 , . e -0/ 4 e.�! L !2 *0_ .e e g1/ /� fE�'- 4 . 49- • ��, P/ cf/F 7 9, -4J _ � 4 ! �"� c lS` i Le.... — 0 /77 (7 . �,.. moo® �lrvE mil' la b (� i t i Lt-, 1/'I0S /i 3 Per Lt c� • 7 K q co . 8 Px_c,a71 9y1,44. - Z.o t Pie 42-4• Z 1 I W sakiittoa5Es•r- .aer CoLo 9 (1/ .1 ‘-c-itcafaig-714.-. Ajle /95 A/..,4 2, ,9-5-7 - 5--/i.g.. 21) e.:- . I CO 10DO , 0 p 7/6 isAi 3A 1.<, _ Si-a e// r 1 `15 1/ZOO(' 'c e_ L(2L -7007 ct Go ZrC ' 13 ��6-�� v r� 14 ' 15 • 16 . 17 8 • 9 • 20 21 . 22 City of Southlake, Texas MEMORANDUM February 11, 2000 • TO: Billy Campbell,bell, City Manager er FROM: Kevin Hugman, Director of Community Services (x757) SUBJECT: Revisions to the Park Use Policy Regarding Fundraising Events Action Requested: City Council consideration of the proposed revisions to the Park Use Policy regarding fundraising events. Background Information: The Park Use Policy, effective August 4, 1997, serves as a guideline for the effective management of public park areas and facilities. The policy was last revised on June 1, 1999 to update internal changes and include;new facilities (Ex. Reservation policy for Rustin Park Pavilion). At the September 13, 1999 Parks and Recreation Board meeting, a consider item on the agenda was the approval of a request from the Lake Cities Mothers of Multiples (LCMM) to hold a fundraising event at Bicentennial Park. During consideration of this item the Board discussed that the current 410 Park Use Policy does not establish guidelines to consider fundraising events at parks and public facilities on a case-by-case basis. As mentioned in the discussion, the absence of a consistent policy for approval/disapproval of such events, could increase the City's exposure to litigation and/or liability. The Board approved this request on. Regular agenda (8-0), but requested a revision to the Park Use Policy that addresses this issue for their consideration. Staff further researched the issues involved, and found that most cities do not have a policy that establishes guidelines for evaluation of fundraising requests by community-based organizations. Generally though, most cities do not allow fundraising events unless the event is a City sanctioned or sponsored event. At the December 13, 1999 Parks and Recreation Board meeting, staff sought further input from the Board regarding this issue. During the discussion, the Board provided direction that City sponsorship of an event should be the criteria for evaluating fundraising requests at parks and public facilities. The Board also discussed for purposes of consistency, establishing a process for determining City sponsorship of an event, which includes factors of consideration. In further review with the , City Attorney, it was determined that • "sponsorship" did not readily clarify the issues of appropriateness, but did create more potential liability for the City. As a result, wording regarding City-sponsorship was deleted from the proposed revision, while still retaining IDC4 Campbell, City Manager ebruary 11, 2000 Page 2 the idea that a large, special event that created significant public interest, was the preferred approach. These changes were considered by Park Board at its January 10, 2000 meeting. Concerns were expressed by some Board members however, that this was too restrictive an approach. The Parks Board did vote to recommend the proposed revisions to City Council for approval. Recognizing the differing opinions, and the complexity of this issue, staff has also prepared an Alternate "A" approach, which is considerably less restrictive as to the types of fundraising events that may be approved to be held in City parks or public facilities. Financial Considerations: Not Applicable. Citizen Input/ Board Review: The Parks and Recreation Board discussed this item during consideration of a request from the LCMM to hold a fundraiser at Bicentennial Park at their September 13, 1999 meeting. At this time the Board requested that staff research the issues involved and bring forward potential revisions of the Park Use Policy for their consideration. The Parks and Recreation Board again discussed this item at their December 13, 1999 meeting. The purpose of the discussion was for staff to receive further input from the Parks and Recreation Board to incorporate into a proposed revision of the Park Use Policy. The Parks and Recreation Board considered proposed revisions to the Park Use Policy for fundraising events at its January 10, 2000 meeting, and voted 6-2 to recommend the proposed revision for approval, changing the request lead time from six (6) months to two (2) months. Board members Glover and Stokdyk voted against the proposed revisions, citing concerns that the policy was too restrictive. Legal Review: The proposed revisions (including Alternate "A") have been reviewed by the City Attorney. Alternatives: • Alternate "A" wording • Other changes as may be determined. Supporting Documents: Supporting documents include the following: • Proposed revisions to Park Use Policy as approved by Park Board, with some minor wording changes as recommended by the City Attorney (shown as strike-through/underline). IOC. Campbell, City Manager ebruary 11, 2000 Page 3 ■ Alternate "A" wording for Section II, "Fundraising Events at Parks and Public Facilities" Staff Recommendation: Place on the February 15, 2000 City Council agenda, an item to consider the proposed revisions to the Park Use Policy regarding fundraising;events. /oC'J Department of Community Services Policies and Procedures Manual Policy: Park Use Policy Source: City Council Category: Reservations Effective Date: August 4, 1997 Revised Date: June 1, 1999 Revised Date: I. • Statement of Purpose. The City of Southlake has several park facilities that offer recreational opportunities for all citizens of Southlake. The Park Use Policy is a guideline for the management of these public facilities. For information and reservations for any park facilities, call 817-481-5581 ext. 756; or write to the City of Southlake, Parks and Recreation, 400 North White Chapel, Southlake, Texas 76092. A. Definitions - For the purpose of this Park Use Policy the following terms are defined as: 1. Residents: Citizens who live within the city limits of Southlake or pay property tax to the City of Southlake or Carroll Independent School District. 2. Regular Meetings: Meetings held on weekdays, between the hours of 6:00 a.m. on Monday to 4:30 p.m. on Friday. Regular meetings are held on a biweekly, monthly, or bimonthly basis, held at least six (6) times per year and no more than two (2)times per month. B. Facilities and Fees - The City of Southlake shall have the authority to bring in priority functions which may necessitate the removal of activities previously scheduled. The primary use of these facilities is to benefit the public at large and any activities scheduled by the City for the benefit of the public should be given priority over private individuals or groups using these facilities. The Depaitiiient of Community Services prepares weekly schedules of authorized building reservations and forwards that schedule to dispatch. Keys will only be given out for scheduled meetings or activities. The park facilities are not available to for-profit or for commercial uses. The community facilities are available for public uses, community benefits and not-for-profit uses, unless otherwise restricted. Fundraising-events in pork facilities will be considered in accordance with Paragraph II. N:IParks&Recreation1BOARDSIPKBOARDIPIe e�ns12 01Pkuse_fundraising.doc V Non-residents may use the facilities on an as available basis. IL FundraisingEVenis at Parks and Public Paciliiies.. ....... A. Authorized Fundraising Events - 'For=otkor-41saa. City initiated events, fun dra,srng events b outside orgamzatwns publis-facilities,oaly-if-$4 events 4 ap'Proved by the City.Council.as a budgeted special event, or appr-iwial4s-04nied-t44-4 youth sports organization events approved by City Council through an approved Facilities Utilization Agreement, such as concession Sales, are allowed in Parks and/Or Public, facilities without being required to follow the procedure of paragraph 11(B) below. All, Other .its4, fundraising events by' outside organizations, inela ding fundraising tournaments sponsored by the youth sports associations, must be approved by City Council CouncilaS per the process,delineated in paragraph II(B) B. 'City Approval-Of Fundraising Events The City will not deny any request to use public facilities for fund raising' on the- basis of race, gender, sexual Orientation,-religion, nationality, or any other discriminatory intent.' Generally, the City will grant approval only for large, community event's, _ such as festivals; or events,that require a significant use ofpublic facilities, Organizations may petition the City to conduct a fundrai,sing eventrikac* park-or public facility through the followiag process:. 1. The 'organization shall complete- and .submit" an application for consideration of the event to-the Director of Community Services 2. The Director shall review the applicatiOn based upon, but not limited to, . ._ _ ..„ the following criterid(both (a) aad(6) must be satisfied): • .... • . _ _. (a)Mag nita de of the event: • the event will be of interest to a broad segment the cOmthuaitY. , • the event will utilize a significant'amount of public areas (e.g., a majority'ofthe available space olthe facility), • the park or public facility requested'is one of.verylew aPpropriate venues (e.g., cannot be held in a retail parking lot or other ideally): i the event is requested more than two::(2) months in advance.: • the sponsoring organization- is investing significant tune and . , . ._ resources to condud the event. • The level.Ofpublie participation generated is of a,large Magnitude. (b) Impact On City resources: Illp N:IParks&RecreationIBOARDS /IPKBOARDIP IP temigl 00IPkuse_fundraising.doc willingness -:of. sponsoringor anizatton to"> tndemni .and.. hold S : f. ., harmlesrthe;City and'its,agents:` ■ Bondingcapacity-of sponsoring organization: • Impact'uponz.Citystaff and available resources. • Impact'upon=the physical capacity.of the requested location to..host the event. X. Parking capacity :at'the requested'location and the potential impact of the requested event on other planned events. 2. The'number of planned participants and..the,traffic"Impact,upon; 'the.requested,location:: 3. Other:scheduled events and/or"uses of the;requested;location that increase 'the usage :soli the:.requested, `location above ' the recommended,capacity:; • The Director" of a:.Community °.Services',.may "determine other reasonable:criteria;.based upon,the;circumstances at the time Of the, reauest;:in.reviewing;an-application and making a recommend ation oit a p articular event:, 3: ,The.Director off... _...: .. ;Community Services oil(forward the request and;a recommendation'for' approval, or"denial'to the ,Parks,and Recreation, Board for, :review. . `The Parks. and;Recreation Board Will consider the request and.snake:a`recomm far r approval,or denials to the`City Council.; .The City,Council's decision:.shallbe final; III. The Lodge and Community Center. A. Regular Meetings — The Lodge and individual rooms in the Community Center may be reserved for regular meetings by residents. The Department of Community Services will be responsible for handling all reservations and scheduling. An annual fee, as specified in the City's fee schedule, is to be paid prior to the first usage of the facility. A list of regular meeting dates must be submitted with the annual fee. A security deposit, as specified in the City's fee schedule, is required at the time of completing the reservation application and may be left on file for the duration of the regularly scheduled meeting dates. The security deposit will be refunded if the facility has been left clean and in order and all keys issued are returned to the Department of Community Services or Police Dispatch at City Hall within one (1) hour of the conclusion of the facility's use. The Department of Community Services must be notified at least 48 hours prior to cancellation of a regular meeting. Failure to do so may result in forfeiture of the security deposit. N:IParks&RecreationlBOARDSIPKBOARDIPa t Ins} 01Pkuse_fundraising.doc Prr No group or individual may reserve the Lodge or Community Center for regular meetings from 4:30 p.m. on Friday to midnight Sunday. B. Reservations for Special Activities — may be made by residents and non- residents for special activities, holiday parties, family reunions, birthday parties, etc. on a first-come basis. Teen parties are allowed only in the Lodge. The hours from 6:00 a.m. to midnight, seven(7) days a week, may be reserved on a first-come basis, and reservations cannot be made more than one (1) year in advance. Non-residents may only make reservations within thirty(30) days of the requested date. No group or individual may use the facility for more than three (3) consecutive weekends, not to exceed twelve (12) weekends in a fiscal year. A reservation fee and security deposit, as specified in the City's fee schedule, are to be paid at the time the reservation is made for the facility. The security deposit will be refunded if the facility has been left clean and in order and all keys issued are returned to the Department of Community Services or the Police Dispatch at City Hall within one (1) hour of the conclusion of the facility's use. The Department of Community Services must be notified at least 48 hours prior to cancellation of a reservation. Failure to do so may result in forfeiture of the security deposit. Variances to these requirements may be granted, upon request, at the discretion of the City Manager. If timing allows, the Southlake Parks and Recreation Board will make recommendations regarding variances to the City Manager. A variance shall not be granted by the City Manager unless a written request is submitted which demonstrates: 1. Special circumstances exist which are peculiar to the applicant's ability to secure meeting space, and 2. That use of the facility by other groups will not be adversely affected by granting the variance. C. Equipment—A TV/VCR and other equipment may be available, as specified in the City's fee schedule. The request for the use of equipment must be submitted with the facility use request. D. Scheduling and Access—The buildings shall be locked when not in use. The keys will be available and can be obtained from the Department of Community Services or Police Dispatch in City Hall. Access to the buildings is limited to the scheduled group when meetings are in session. Access to buildings is controlled by the Department of Community Services. Multiple activities and/or groups may be scheduled at the same time. Payment of the security deposit does not release the user of the facility from responsibility for N:IParks&RecreationlBOARDSIPKBOARDIPa0 I IPkuse_fundraising.doc damages. Any user found in violation will not only forfeit the security deposit, but may be denied further use of the facility. Users found in violation may also be subject to applicable civil and criminal penalties. IV. Ballfields and Practice Fields. Ballfields, soccer fields and practice fields are available to the citizens of Southlake. Groups outside the City will be given consideration on an as available basis, but reservations may not be made more than thirty (30) days in advance. The Southlake Baseball Association, Southlake Girls Softball Association, Grapevine Southlake Soccer Association and any activity sanctioned/sponsored by the City of Southlake shall be in accordance with the annual Facility Utilization Agreement. Reservation procedures are available from the Department of Community Services. V. Concession Stands. The City of Southlake may have concession contract(s) granting particular vendors exclusivity. All concession vendors must obtain a health permit. Residents and non-residents may request use of a concession stand. Requests must be in writing. Requests will be reviewed by staff and the Parks and Recreation Board with the City Manager granting final approval. At least one adult must be present in the concession stand while it is open. VI. Pavilion, Tennis Courts and Sand Volleyball Courts. A. General - Facility reservations have priority. If there is no reservation, use of the pavilion, tennis courts, and sand volleyball courts will be on a first-come basis. Non-residents may only make reservations within thirty (30) days of the requested date. Facilities and equipment may be rented in accordance with the City's fee schedule. N:IParks&RecreationlBOARDSIPKBOARDIPack- ; I0 kuse_fundraising.doc ri B. Pavilion at Town Square-Rustin Park -The Pavilion at Town Square-Rustin Park may be reserved for cultural and community activities by individuals, community groups, and not-for-profit users on a first-come basis when it is not scheduled for a City function. Non-residents may only make reservations within thirty (30) days of the requested date. Due to its uniqueness as a major community facility, reservations for the Pavilion at Town Square-Rustin Park are subject to the review and approval by the Department of Community Services, in accordance with this policy. Each reservation request will be evaluated based on the requirement that it be tied to a cultural and/or community based activity. Reservations are subject to last minute revision to ensure the availability of the pavilion for public functions. This shall include the right to terminate a reservation during the activity if conditions so warrant. 1. Variances - Variances to these requirements may be granted, upon request, at the discretion of the City Manager. If timing allows, the Parks and Recreation Board will make recommendations regarding variances to the City Manager. A variance shall not be granted unless a written request is submitted which demonstrates: a) Special circumstances exist which are peculiar to the applicant's event but is consistent with the standard of the use at the pavilion, and b) That use of the pavilion and surrounding park areas by other groups will not be adversely affected by granting the variance. Any user found in violation of the City of Southlake Park Use Policy and/or Building Reservation Procedures will not only forfeit the security deposit, but may be denied further use of the pavilion. Users found in violation may also be subject to applicable civil and criminal penalties. VII. Other Facilities, Playgrounds,Trails and Individual Picnic Tables. Use of all other park facilities are available on a first-come basis only during park operating hours at no charge. VIII. Overnight Park Use. A. Bicentennial Park and Bob Jones Park — Bicentennial Park and Bob Jones Park may be reserved on an overnight basis subject to approval by the City Council. In deliberating the merits of the use, the Council shall consider the factors outlined in Zoning Ordinance #480, Sec. 45.5. Council shall specifically consider the length of time for the use, any fees or deposits to be N:IParks&Recreation1BOARDSIPKBOARDIPacket 1 01 se_fundraising.doc ft. PIPPr charged and security to be provided. No other parks may be reserved on an overnight basis. IX. Insurance Requirements for Specific Activities. Any organization or association that desires to utilize the athletic fields belonging to the City of Southlake for the purpose of establishing an organized program of athletic competition, such as soccer leagues, softball leagues, little leagues, or other comparable activities on a continuing basis for structured athletic competition shall be required to provide proof of insurance. Such organizations shall have a general liability policy, naming the City as additional insured for an amount of at least one million dollars ($1,000,000). This policy is specifically designed to cover the cost of defense and of liability for injuries suffered by competitors in the organized athletic activity. Organizations subject to this provision shall be required to submit to the Department of Community Services proof of insurance in a form acceptable to the City Manager prior to commencing use of City athletic fields. The requirements set out above are designed and intended to be applicable only to formal organizations and leagues who sponsor and control organized continuing athletic activities on a seasonal basis. The insurance requirement is not applicable to individual citizens or groups of citizens who desire to use athletic fields on a one-time basis. The purpose of this regulation is to protect the City against any costs which might arise from an organized program of league activities with its increased risk of competitor injury due to volume of activity. These formal organizations and leagues must enter into a Facilities Utilization Agreement with the City of Southlake to formalize the details and liability requirements. X. Individual and/or Group Responsibilities. The responsibility of setting up tables and chairs (if applicable) shall remain with the individuals or organizations making the reservation. If applicable, tables, chairs, and any provided equipment must be returned to the original arrangement when the reservation is complete. Individuals and organizations must remove all trash, equipment and decorations at the end of the reservation time. Facilities must be left in good, clean condition when the activity is complete. Individuals and/or organizations making the reservation shall be responsible for turning off all lights and securing the facility. Individuals or groups making reservations are responsible for any damage to the facility, and may be subject to applicable civil and criminal penalties. N:IParks&Recreation IBOARDSIPKBOARDIPacke . ei 00 " e_ undraising.doc v • I XI. Compliance with applicable procedures, policies, and pertinent ordinances. Users must comply with procedures,policies, restrictions, and all pertinent ordinances of the City of Southlake. Any questions arising about items not specifically addressed in this policy should be referred to City staff, the Southlake Parks and Recreation Board, or the Southlake City Council as appropriate. IOU 11 N:IParks&RecreationlBOARDSIPKBOARDIPacket Items120001Pkuse_fundraising.doc Prr __ ALTERNATE "A" (Not reviewed by Park Board) II 'Fundraising,Events}at Parks and Public,Facilities. A:;'Authorized Fundraising Events - City initiated events,events approved.by the:City Council as a budgeted:special event, or.youth sports.organization events approved by City Council-through>.an approved Facilities,Utilizatiotf;Agreement, such as concession,sales,,are allowed in„parks:and/or public facilities:} - All other fundraising events: by outside organizations, .including',:':finidraising tournaments sponsored by the`youth,sports associations, must meet the criteria of paragraph II(B)lielow. B.`Fundraising; ,Event.. .._. .... .. -_,._. _. ._ga... .. a._._,,.,....._.._..; _.:...... ...:.... ,Events by.: Non-profit; .;Organizations. -= , (Organizatas requesting use.'of public facilities for: fundraising events-shall,:complete and submit an application to the Director of Community.Services:°..°The City-,will not deny'aiiy request to:use-public facilities for fund raising on the basis:of race, gender, sexual orientation,,religion; .nationality, or any: other.discriyninatoiy intent Generally,••the City will grant approval"only for events which meet the following criteria: ,1... `The..requesting organization is anon-profit organization, qualified,for. exemption,;from-taxation under Section;501(c)3 of the Internal Revenue Code. 2. ;, The tlrequesting,organization is based in Southiake, that is its:Postf Office address is a Southiake address;-or that,a majority,of its members,; including;officers, reside:in:the,City of Southiake 3. : The-fundraising event will,be of,interest to a broad.segment of'the; community:• 4 'The•event is requested:more than two(2)_Months in„advance: 5.. The sponsoring organization agrees to indemnify•and hold.harmless the"C and its'agents,.a ityand is capable of carrying.sufficient liability; insurance„as may, be required 6:'' The event.will`not cause detrimental impact to the'City staff and available resources, or-to the physical capacity of_the requested location to host,the-event, including, but not limited to: parking.capacity at the-requested location and'the potential° impact.of the requested event on other planned events:: (by the number of planned participants and the traffic,impact upon the; requested.location. ._ N.IParks&RecreationlREFERENCIMANUALIPOLICl k ALTERNATE "A" (Not reviewed by Park Board) 'CO .other.scheduled-events:and/or-uses of;the requested location-that increase the,usage of the,requested:location above =recommended capacity The Director of'CominunityServices may approve events,that meet the criteria described: ';If:the;event does not,:meet:these.criteria, or the application is::denied, the requesting organizationinaypetition the Parks and Recreation.Board:for? review;and recommendation of approval or denial:to'the.City Council: Ci=The ty `Council-'s decision shall befinal, . III. The Lodge and Community Center. A. Regular Meetings — The Lodge and individual rooms in the Community Center may be reserved for regular meetings by residents. The Department of Community Services will be responsible for handling all reservations and scheduling. An annual fee, as specified in the City's fee schedule, is to be paid prior to the first usage of the facility. A list of regular meeting dates must be submitted with the annual fee. A security deposit, as specified in the City's fee schedule, is required at the time of completing the reservation application and may be left on file for the • duration of the regularly scheduled meeting dates. The security deposit will be refunded if the facility has been left clean and in order and all keys issued are returned to the Department of Community Services or Police Dispatch at City Hall within one (1) hour of the conclusion of the facility's use. The Department of Community Services must be notified within 48 hours of a cancellation of a regular meeting. Failure to do so may result in forfeiture of the security deposit. No group or individual may reserve the Lodge or Community Center for regular meetings from 4:30 p.m. on Friday to midnight Sunday. B. Reservations for Special Activities — may be made by residents and non- residents for special activities, holiday parties, family reunions, birthday parties, etc. on a first-come basis. Teen parties are allowed only in the Lodge. The hours from 6:00 a.m. to midnight, seven(7) days a week, may be reserved on a first-come basis,"and reservations cannot be made more than one (1) year in advance. Non-residents may only make reservations within thirty (30) days of the requested date. •No group or individual may use the facility for more than three (3) consecutive weekends, not to exceed twelve (12) weekends in a fiscal year. N:IParks&RecreationlREFERENCIMANUALIPOLICIES 0- . oc '3 City of Southlake, Texas MEMORANDUM February 11, 2000 To: Billy Campbell, City Manager From: Ron Harper, Director of Public Works, extension 779 Subject: Connector Road Between Peytonville Avenue and Shady Oaks Lane and Connector Road Between FM 1709 and SH 114 (Nolen Drive) Action Requested: Select or determine an option for the connector road between Peytonville Avenue and Shady Oaks Lane and the connector road between FM 1709 and SH 114 (Nolen Drive), and to direct staff to begin the process of amending the City Master Thoroughfare Plan as appropriate. ; • Background • Information: On September 21, 1999, City Council had a second reading of Ordinance No. 754 for the purpose of amending"the City's Master Thoroughfare Plan. At that time`Council did not approve the option brought forth by staff. Attached are three options for creating a connector between Peytonville and Shady Oaks. Each option has a list of advantages and disadvantages. On April 7, 1998 City Council approved the Village Center East • = Circulation Study. The final version contained a connector road between FM 1709 and SH 114.,A request:has been made-Io.amend the Master Thoroughfare Plan to-include�.this`c. ''�'.-=` .. ,o tor:�'.`:Counc' not;.make this ,.:..;_. direct staff" ".. -,, decision at this time,s but can'dire to"submit.this 'to P&Z for proper consideration. • Financial . Considerations: None at this time. Citizen"Input/ Board Review: There were two readings of the connector between Peytonville and Shady Oaks. The Village Center East Circulation Study was a four- month study involving impacted property owners. The study was recommended by P&Z and approved by City Council. 10D=1 Legal Review: The attorneys had reviewed the Ordinance previously submitted for the connector between Peytonville and Shady Oaks. Alternatives: Three options are being presented for the connector between Peytonville. and Shady Oaks. Council can choose from any of these three or create a hybrid alternate. Supporting - Documents: Map of Options for Connector between Peytonville and Shady Oaks Copy of Village Center East Circulation Study Staff Recommendation: Staff recommends that Council adopt an option for the connector between Peytonville and Shady Oaks. Staff.recommends that they be.:.. directed to be in the process of amending'the Master Thorou fare Plan to include the connector between FM 1709 and SH 114 a collector "'f road. _ on � . Director of Public Works • - . 10D-2•- CONNECTOR ROAD PEYTONVILLE TO SHADY OAKS Option 1 - Realign the intersection of Highland and Shady Oaks and proceed adjacent to the southern line of Coventry Manor to a point approximately 200 feet north of Woodbrook. Advantages - Least impact on current undeveloped property. Provides direct connect to Highland. Disadvantages - Most expensive due to need to realign Highland and to acquire property east of Shady Oaks. Tumberry would need to be realigned so as not to cause a multi-leg intersection at Shady Oaks. This would impact the detention pond, which would need to be relocated. Option 2 - A direct link between the"future school road between Shady Oaks and White Chapel and Woodbrook. Advantages - Best engineering situation since it does not create any new intersections. Provides direct access between all school sites. Disadvantages - Most intrusive on undeveloped property; splits tracts. Does not create best flow for non-school traffic continuing east past Shady Oaks. Option 3 - Connects from the future school road and a point approximately 250 feet south of Woodbrook. Advantages= Direct access between all school sites. Less intrusive on undeveloped property. than Option 2. Disadvantages- Creates additional intersection on Peytonville. 1 OD=3 • . __• . . • _ Master Thoroughfare Plan Options Peytonville to Shady Oaks • ,, , NEW CASTLE RD 1 ) FOX GLEN 1 ( ' 1 L [ \ 1 \ MI ,. . , ( 1,10RW_IFH C;1"-- ' ct \ ID 1— 1 ' \--/ ./.')--- ; , 1 II / '7- --/ '' I —•:,trAnr. ._ / L / / .)s, • , ,, // N----. I . 4— 4----/ , / P -'%D\ - : - i7-7. , co 13e., i r ,6---- i rc •)- - 7.,-- .>, / -----• se''i-• _ , .J 1 — _ .. 1 : :'.. ..1'.:;:,..., ›- '..i.:-..... :::' , ,4: .J, ''f.',.'L i.-1.., •, ,F,..,:rYi. ...T: ::,-1.:,,,j,'...—;_,:::"=i-.7 -1,: ::.:.- , -;; '`.-. , I - . _ ) ..- . . , . . . . - .......... - , ----;-.17.-J 1,!..:11:::-.7.‘". '.:,::_-,, -::,',,,.,..i. .";ftf.: ::.!;':-.t,i q., ;:f:'--:'..t,,--,-Jf:;.:':'-: ,-.1-:r:' ',. : :'.-:"-tr;.!I':', ;:s.,:i --,',.'-::::-,:_:._ :"..!'."J::::::: :-1 -2-: _ • f .. j. s, I . ) -\ Option 3 . ,. , .. . : _ -- :-':-:' ,. .-,.., ':,3-.:,h -,..-...] :.-..„.,.-.,i' ' .. . - - . -: .:•,1:ift_ .,_ ,„,,,.-..,, ..,::-,,,,,.. .,,-.,..-.:.-:,,,,';-:E. ..'..... - .:.;,-,:-';-_74'._., ,.-2,,'-,..;-:.;..,,:,1..':,-_,7:;:-;2,,z,774-52:4-- ,7:-:1-'_.,,:4.-;,. ' -' A.,,-.., • ,;-_' , , -,2_,.,',..,: ,:-:,:. .;,-',..--;;: ,:..,,1: ,.:;,,,u..:!- :','.3 , '-,. ''''',' .?..','-'3A : ',..:-::-..:,'5,'': ' . ,.. . . \ \ . . , -----\ \ - -\ • ,..,; . , , ._ •,._/ , ---„,. / i — _ ,\ , \---- _ > ) I \—j / TA \ -- 1 L I _/ \ , \ -..:711 AM)CT_ _ . N 10D-4 A • City of Southlake,Texas MEMORANDUM September 1, 1998 TO: Interested Parties FROM: Chris Carpenter, Senior Comprehensive Planner SUBJECT: Village Center East Circulation Study—Final Version ::.-Those:'iinterested=m the,Planni ngnZoningCom :CiCouncil:`discussionyand conclusions"'re' ardin `` `;` `" :" ::', .g g.the Village-Center" ast Circulation'stun should`refer"-=to xthe,attached memo and report.`:"These:documents reflect-the final-approval of the study b-• Ci :Council on ..' -,-_.-_-'. .'. .:-...._,.DPP ... ..; . ...' . ::.... . Y yt3!a _.�::_: ;... April 7,"1998;specifically,please note that the last page represents proposed roadway;alignments recommended at that meeting. If you have further questions on this matter,please contact me at(817)481-5581,-Ext:866: (LC • • • 10D-5 T ArnmriRv‘wp_FR re‘DDATrr.TC1MDDTT AD1vn G`ACrl CM?A nnn •_ . . • City of Southlake,Texas MEMORANDUM April 3, 1998 TO: Curtis E. Hawk, City Manager FROM: Chris Carpenter, Senior Comprehensive Planner SUBJECT: Village Center East Circulation Study: Draft#2 dated 3/9/98 We are forwarding Draft #2 of the Village Center East Circulation Study dated 3/9/98 to tour attention.This draft reflects the feedback obtained from three separate property-Owner,meetings-end the recommendations of the Planning and Zoning Commission made at their 3/5/98 regular Meeting. The detailed analysis of the varying options begins in the third section on page 11, and continues through the end of the report to the summary and conclusions, followed by a graphic illustration of the proposed alignments and copies of written correspondence we have received. Staff has been in continual contact with a large number of property owners in the area and anticipates receiving ifair amount of public comment concerning the study from these and other interested parties at the City Council meeting on Tuesday. I ; - _•• Staff will be available to answer any questions you may have prior to and during the Couneil's consideration of all of these issues. Please place this item on the City Council's agenda for public hearing at the regular meeting of April 7, 1998. CLC 1.:‘COMDEVW/P-FILESPROJECISCORRIDORWC-EASTCGMEM2.WPD 10D-6 � . VILLAGE CENTER EAST Circulation Study Prepared by Community Development Department Draft#2 -March 9, 1998 :4L-,s:,..: . 5�A Wig` i f m-�® Mil . , ��n norf EAST \ 0.,4 • --1, ,.:,-,,, 3..,....- •.:,.-,:, 1,-.44 - : Vi ill IAN J1 1"-- 51'31114(5- 1121P!"'''' • ., '.. '. ': .-. ":--r,:' AO* d'. i w .t' 4:V Z. I .. ______ otai$ - .111411 -----.- ,:, - , : ....‘,;PT V''i ,,,,,. •-•' ,',. •I -,:". , ':-,.•, ? ,.' . - I Imo'{//7. - A. ` •��Aiiiiii .°� ^•�':: `�'a _ - 4 ____.1 I 1 inn_7 Table of Contents . I. INTRODUCTION 3 A. Problem Definition 3 B. Goal of Study 3 II. ANALYSIS 4 A. Existing Conditions 4 e"- ..4' : 1•Too a h /Drama P 8r P Y w c 1? - • • • 5 ; 2.ExistingLand Use� . . 3.Future Land Use 4.Vegetation 6 5. Ownership 8 - - B. RegulatoryImpacts' . . . . ':. • 1.Master Thoroughfare Plan 8 2.Driveway Limitations 3.TxDOT Impacts .. .; °9 • ITT. CONCEPTUAL ALTERNATlVES'FOR CIRCUI ATION ROUTES 11- ter East 1 SectionVilla a`Cen • A. Western of g B. Eastern Section of Village Center East 13. C. Additional Discussion Points . . 14 • IV. CONCLUSIONS AND RECOMMENDATIONS., 1§ . . _ .. - - - - ;fir.•.' Viw GE EAST-CIRCULATION STUDY:,-: -9,199S) Page 2 of 15 4 Aft A l.: ....:.-. I. INTRODUCTION On November 18, 1997, T... the Southlake City Council asked the staff to look at potential 107_collector-level streets �' ca and other internal ' � d _ circulation systems that _• � y �' might impact the area '-V 11111it1.---=� called Village Center East, as defined by the Southlake Corridor — _ Study adopted in August — r- cos 111111141 of 195. _.u�; • 9 This area. is � - - ;�+,;,.,- bounded bySH 114 �--L1 - on I i on Wli�' t. the north, FM 1709. ��- -- Figure 1:Area known as Village Center East the south, and Kimball Avenue on the west. _ A. Problem Definition There are several developments underway or proposed in this area; for which a comprehensive circulation plan is not currently in place.There are also a number oftr acts . in this area which are very deep and for which more adequate public road frontage might improve their access. B. Goal of Study The intent of the analysis is to try to determine appropriate locations, if any,for collector- level roadways through the area and how they might align with potential roadways south�of „r FM 1709. An evaluatio n will-beperformed based on?to"o h ,';tract locations, land ownership patterns,and potential development scenarios m Compliance with the Land Use Plan. VILLAGE CENTER EAST-CIRCULATION STUDY:r-'--L' II •"^u o 1998) Page 3 of 15 • II. ANALYSIS A. Existing Conditions To follow are various existing conditions in and around the Village Center East area which may impact the locations of future vehicular circulation patterns. Topography/Drainage The basis for the _ ' .x . ... ...... topographical portion of �, n �. -� .... _ this study is the City of ri' _ - > IlkirAr i. . -. "- Southlake topography --.1 _ �,;r, = map based on the USGS •• � � k� . All; topographical . _ - _- ' i��- 44 OF '� Ai quadrangle sheets, set at , . �.4 _ � �'` ^� •� . . -... 10-foot contours. As - ; - i:�''a `-- .. supplements to the L- ---J--- - �, . . , : q : r .t USGS topographical - , - Chan',,e;A ' , ,' - maps, as-built Texas 2�:; i`'.- "' . •r ( .. , s, jDepartment of t" P �� • a� • i ; r Transportation(TxDOT) ►►---- , c-78. .. ._ ._._ ....i. ; topographical elevation _,u ! i ' • 1 • for F.M. 1709 and site- --,_.,. -1. ._.� -�! a r. 11�; L.-._-__� •-_ . _ .5° , specific spot elevations •- ---- ,. • t: -:.-.- - ,,c from development Figure 2:Topography in Village Center East(10' contours shown) projects were also used. The main topographical issue with the location of any vehicular circulation in the Village Center East area is the minimization of the impact of vertical curves for traffic safety,- purposes. A secondary issue related to topography is the minimization of the grading tuts and fills necessary to accommodate a future road bed. , As noted in Figure 2, the general area centered roughly between Georgetown Park and "Drainage Channel A"near the intersection of Crooked Lane and F.M. 1709 has adequate topography to accommodate a north-south R.O.W. without too compromising of agrade. New' change. It is therefore recommended that any north-south R.O.W. west of the drainage:. channel be located roughly along that area to minimize sight line ha7.2rds for traffic On P.M. 1709 approaching a proposed intersection.The southerly end of Drainage Channel A,as well as the entirety of Drainage Channels B and C,pose moderate,yet not overwhelming,grading and drainage concerns which are preliminarily believed to be adequately traversed with minimal or moderate engineering costs. VILLAGE CENTER EAST-CIRCULATION STUDY: "- - - - ---. Page 4 of 15 1 nn_+n Existing Land Use As noted in Figure 3, ! -._•} the property in this =j� , area is largely ��.� undeveloped , RON a I r, , characterized by long-time existing t� ._ -- ; .� Use:RefalNacant ` Sit .. `ice—, residences with theprso Use:Vacant Zoning:C3 Use:Residences exceptions of i ��T i Zoning:AG Zoning:AG,SF-IA relatively new office 7 il �' �I 1 r� use Use:Bank " Use:Residences " Zoning:0.1 ktj (Georgetown Park) Zoning:C-2 Zoning:AG I I 1 and light retail uses ,:''-�� Use:Residences; Ike 9p• , '41; Use:Offices Zoning:AG,SF-1ANt. .. (Liberty Bank, Zoning:C-2 �� McDonald's) at `� ` � �" —J Ilse:Residences Varying points. zoning:AG Zoning in the area is , — e ([bV' largely Agricultural, i r-- - - f g Y gn _ : with the exception-Of l j - the retail zoning near i Watts L_1 tr r-- I I and adjacent to Figure 3:Existing Uses and Zoning Kimball Avenue _ (existing McDonald's and proposed retail center uses on Hanover property adjacent and to the east).The Oak Knolls area to the far east is characterized by long-time residences,several of which are leased,and a small area of professional office buildings. _ , Future Land Use The predominant future land use category in this area is Mixed Use.This area!has long been recognized as a future site of some of the more substantial retail development in Southlake, due mainly to its location between two state highways.During the 1997-1998 update'of the. - Land Use Plan,existing retail zoning in the area was recognized as such and_given the-newr;:: • designation of Retail Commercial, which prescribes.a .predominantly planned, ietail development.The area of newly designated Retail Commercial which was taken out of the previous Mixed Use area is roughly that area around the"Retail Vacant label in Figure 3 above,from F.M. 1709 to S.H. 114.The southern portion of the above-described area is also with the 75 LDN zone of the Airport Overlay District,with a majority of the remainder`of • the area within the 65 LDN zone. , VILLAGE Cerra(EAST-Cott-•---"---- -- —••- -' 1,1998) Page 5 of 15 1nrl 11 Vegetation It is possible • .•1 _ —.,•.� , , t . from the i -. •• ; • i._. r scanned aerial - tea.. , . :, ti photograph to - • '='`� the right(Figure , � = i-- , 4)to get a rough _1k , - P. idea of the • •5 \ . limits of i .-;' i . . . - _ .' existing tree t - �� t cover and how a p 1. ' _ �.', 3 proposed R.O.W. would 7- , . - • ,Y.r- affect the area. {. _. • - ,_ . "�_ a' eir The only .-.� � significant - -11 • . - . :- ,� � '` change from the - -- r ice' time this aerial . photograph was _ tj_.- 1:}' ';" { , taken to the - - , present is the Figure 4: Limits of existing tree cover addition of the - Georgetown Park office/retail development,which is situated approximately one-third of the :. way east between the Kimball Avenue and Crooked Lane intersections on the south side of F.M. 1709. Note that the most dense concentration of trees exists .on the north side of Crooked Lane on the opposite side of the entrance to the Cornerstone Business park development, and on the north side of F.M. 1709 adjacent to the drainage channels. Ownership The Tarrant Appraisal District (TAD) records of ownership as of September 1, 1997 (see Figure 5, next page), indicate a varied record of ownership in the area. However, through conversations with varied interests in the area, it is necessary to provide a more recent description of property ownership changes as they may relate development. For example, there has been a recent development submittal received by the city for which an agglomeration of owners (Cavallino Properties, Four Bear Creek, Ltd., Conner Lam, Hanover Properties)has joined to promote a larger-scale development in the Kimball Avenue area. There were also several individuals present at the second property owner meeting (eastern section) who stated that they are currently under contract to sell their property to a person who already owns several other substantial properties in the eastern section. Additionally, many of the current residents of Oak Knolls Lakeview stated that they would be interested in working together as a neighborhood to comprehensively plan the future use of their properties as one unit. Therefore, the prevailing expectation is that a large majority VILLAGE CENTER EAST-CIRCULATION STUDY:. 398) Page 6 of 15 1nn in ; Z.1 /'.. --1' , , . .,T „,.. , ........._ o • •,,,, .....,1:1 ... 0,0 • ,,....„,.. ..... .,,,,. .,,, , ,,,, „....„,., . .. ,, viefill'=— CoMme Paw*. 1 4." i nr4 4:11404" ------..,, .... I '-f—"J I "". L.O. i ilY Yon t."."'.4., ,, '�' 1 fay" scoiligsf, filli ., , :-:-,::;..7,,‘ --:::- i =lir— II1P,.1 -Darat 1 L - Yi� , __ , 1 rab F-P-srin-;-r---,I3 ' , . Figure 5:TAD ownership records of Village Center East will develop, at some undetermined point in the future, as only a handful of mostly larger-scale,master-planned developments,if current patterns are realized. An initial meeting for property owners on the western portion of the area was held on _ Tuesday,January 27, 1998 to informally discuss this issue. The major result of that meeting ;;' was a general consensus among the participants that a future collector-level street would; enhance property values and contribute to a more orderly development pattern. Some of the constructive comments from participants at that meeting included the attempt to locate a possible roadway on common lot lines in as many places as possible and the;preference for a straighter alignment(and less associated cost). Soon after that meeting,a meeting for property owners in the eastern portion of this area was . . _ held on Tuesday, February 17, 1998 to informally discuss possible roadways through the eastern half of the area.Results of this meeting could be said to generally include favorable viewpoints on a comprehensively planned access system; general agreement with the location of a roadway from the new N.W.Hwy overpass to Commerce Street; the need to pay careful attention to where any east-west common access drive may be located; and the possible addition of a north/south road alignment roughly from the existing Crooked Lane Va.1.AGECENTER EAST-CIRCULATION STUDY:DP ,998) Page 7 of 15 1 nr% 10 I to Austin Place only if it made sense from a unified ownership front in Oak Knolls Lakeview. A third meeting with all property owners was held on March 2, 1998, to solicit any additional feedback and to propose several more alternatives for the western portion of the study area due to the inflexibility of controlled access areas for roadways intersecting S.H. 114 frontage roads, as noted in the"TxDOT Impacts"paragraph below. The results of that meeting, as well as the discussion and recommendation by the Planning and Zoning Commission for this study, are summarized in the"Conceptual Alternatives for Circulation Routes"section beginning on page 11. B. Regulatory Impacts All future roadway and development projects operate under various sets of standards-which. . shape their physical design in many ways. Three of the more critical sets of standards that apply to a new Village Center East collector alignment are those of Master Thoroughfare Plan(MTP)implications,driveway limitations set forth in the City of Southlake Driveway Ordinance No.634,and the standards TxDOT uses to regulate local thoroughfare interaction in the area of state highways. Master Thoroughfare Plan The MTP sets forth the planned future state of all major roadways in the city, and as such, is a policy instrument used by city officials to plan for adequate circulation of traffic_by. means of acquiring right-of-way dedications necessary to accomplish a majority of these future expansions. The Village Center East interior area has not been historically included in the roadways plans of past MTPs, due to a long-standing policy of designating only existing thoroughfares as arterials or collectors,with"the locations of(new)facilities(being) a function of the design of the individual developments,"as stated in the MTP text. Bearing this in mind,staff was asked to take a proactive approach to planning for the rapidly approaching new development in the Village Center East area, and by gaining as much; insight as possible into possible development scenarios, plan new collector routes and ' facilitate the right-of-way alignments as described in the MTP to accommodate the best patterns possible. Driveway Limitations A major impetus for locating proposed roadways and internal access drives within Village Center East comes from the City of Southlake's detailed requirements in Driveway Ordinance No. 634. These driveway regulations include stacking requirements, possible auxiliary lanes, minimum distances from an intersections, minimum driveway centerline spacings, and other criteria used to limit the proliferation of drive cuts and subsequent roadway hazards along city streets. With well-placed collector access and internal drives, many of the problems addressed by the Driveway Ordinance are eliminated.: VILLAGE CENTER EAST-CIRCULATION STUDY:I 98) Page 8 of 15 i tv-1-i A • Lots with sufficient frontage to safely meet the design requirements of the Driveway Ordinance may be permitted their own driveways without the necessity of variances being granted. 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. An existing common access easement on lots fronting on F.M. 1709 connects the Soutlilake Center at Kimball with Georgetown Park, for example. It is the intent of this Circulation Study to promote the use of common access drives internal to the development to gather and direct traffic to the new collector street location(s). At a minimum, the size of the common access easement must be 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. i As a condition of a Driveway Permit,the Applicant shall provide a deceleration lane for any driveway located on an arterial street (or the state highways, in this case) if the right turn • = ingress volume exceeds 40 right turn ingress vehicles occur in the design hour(100 vehicles if the design hour occurs on a Sunday). However,no driveway shall be permitted within the _ transition area of any dedicated right turn or 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. The width of the properties in the Village Center East area fronting on F.M. 1709 could create an almost continuous deceleration lane, if drive access was granted for each parcel. The current scenario on F.M. 1709 consists of the following existing commercial driveways between Kimball Avenue and Commerce Street: Southlake Center at Kimball(full-in/right- out and shared full-access drive with Dynamic Travel), Georgetown Park(full-access) and Shur Guard(one full-access and one right-in/right-out) on the south side of F.M. 1709 and Liberty Bank(full-access)on the north. Within the parameters of the.Driveway Ordinance, these conditions yield only two possible right-in/right-out drive cuts on the south, and either two right-in/right-out or one full-access drive cut on the north (assuming that Northwest Highway will extend from the planned bridge overpass to intersect F.M. 1709 at Commerce). _- There are currently no commercial drives on S.H. 114 in the study area other than those of Dr. Tate's office in Oak Knolls Business Park. . Several of the tracts of land contained within the Village Center East area are land-locked. In addition,the majority of the parcels are two acres or greater in size,with a single owner on most tracts.Collector-level roads and internal circulation drives in this area would greatly reduce the need for drive access to F.M. 1709 and S.H. 114 frontage roads for individual parcels and encourage traffic patterns to flow through common access drives. TxDOT Impacts The main issues concerning proposed Village Center East roadways from the perspective of the Texas Department of Transportation is the manner in which these new roadways would VILLAGE CENTER EAST-CIRCULATION STUDY:DRAF Page 9 of 15 nn_1 c interface with existing and planned state highway facilities.In reality,the layout and design of these facilities undergoes rigorous study and must meet rather stringent design tolerances; there is little room for flexibility within these standards. 1 The conceptual geometric design for the planned S.H. 114 expansion has been in place for nearly ten years. Based on this plan,TxDOT engineers are finishing the construction design in most parts of Southlake.These plans include the areas of"controlled access"where on- ramps and off-ramps from the freeway main lanes interface with the access roads.Based on recent discussions with TxDOT design engineers,these areas of controlled access are firmly in place and would allow only a few feet of leeway either direction, based mainly on the stringent engineering design standards mentioned above as well as the possibility of adversely affecting access to property resulting from their adjustment. City staff discussed with TxDOT the merits of allowing for a few hundred feet of westerly "shift"in the location of the eastbound off-ramp past Kimball Avenue to accommodate the Option "C" alignment in Figure 6 attached to this report, mainly because it followed common property lines in the most unconstrained alignment. However, again, `due:to geometric requirements necessary for safe and adequate"weave"area downstream of this - off-ramp,the TxDOT staff has declined to allow this adjustment.Bearing this in mind,the northern connection of the north-south roadway in the western section of Village Center East must fall in a location farther east than the preferred alternative discussed at the first property owner meeting.The TxDOT personnel expressed no concern for any of the other possible interface areas discussed in the property owner meetings. VILLAGE CENTER EAST-C M•-'"'•• -- - -" - 1998) Page 10 of 15 MN 4 • • III. CONCEPTUAL ALTERNATIVES FOR CIRCULATION ROUTES The entirety of Village Center East was divided into two parts for study purposes: east and west of the major Drainage Channel"A"as previously discussed. Though divided for study purposes,there are interrelated items from both groups that will be mentioned as such.The first series of conceptual alternatives begins with the options discussed for the western portion (see Exhibit 6 following this report for a graphic depiction of the combined alternatives). A.Western Section of Village Center East Option "A" This alignment was originally proposed by Richard Myers as part of their Georgetown Park development. It was intended to provide a connection to Crooked Lane at the intersection with the proposed Nolan Drive (originally proposed as Graphics Drive) entering into the Cornerstone Business Park. Benefits to this alignment are that we have receptive landowners offering immediate dedication of the ROW and construction of the roadway along their portion of the roadway. Detriments to this alignment include,a difficulty in extending the roadway north of F.M. 1709 in a location that would benefit the;most property, and the juxtaposition of the existing drive for the Liberty Bank site. Other considerations - include difficulty with the southern extension of the roadway through the Williams and White tracts and the possibility that it might create some awkward geometry and lotting in • order to complete the connection to Nolan Drive. The Planning and Zoning Commission's recommendation on March 5, 1998, omitted this alignment as a preferred alternative. Option "B" As discussion progressed and continued phases of Georgetown Park were processed, this alternative was proposed by Mr.Myers to try to address some of the issues noted in Option "A" above. Benefits to this alignment include better geometry through the Williams and White tracts north of.Crooked Lane. Detriments-to this alignment include a:lack-of receptiveness from Ray Williams,the developer of the proposed Hilltop:Country Plaza north of FM 1709 due to the fact that it bisected his property and would require a significant • dedication of right-of-way from his property. The Planning and Zoning Commission's recommendation on March 5, 1998,omitted this alignment south of F.M. 1709 as'a preferred alternative.• - Option "C" • This option is an alternative offered by staff during our first group meeting of the property • owners on the west half of Village Center East. Benefits of this alignment were mainly that it would be aligned along the common lot lines of multiple property owners and appeared to be equitable in its alignment and need for right-of-way dedication. It also has the benefit of the best geometry on the Williams and White tracts just north of Crooked;Lane in that it intersects Crooked Lane at a near perpendicular connection and provides for a satisfactory VILLAGE CENTER EAST-CIRCULATION STUDY:DRAFT ill 111A Aorta 0 ,uaoN Page 11 of 15 lotting pattern on both sides of the proposed right-of-way. During the land owner meeting of January 28, 1998, there was general consensus that Option "C" would be the best alignment for all affected parties. An issue has arisen since the landowner meetings regarding the connection point of Option "C"to S.H. 114.Both Options`B"and"C"combined at the north-south midpoint of Village Center East along common property lines and continued north to the future south frontage road along S.H. 114. At the time of generation of this option, information regarding restricted access along S.H. 114 was not available. As a result of a recent,meeting with TxDOT representatives, it has become apparent that the point of connection shown for both "B"and"C"is within a restricted access area of the frontage road due to an east-bound off- ramp alignment. Discussions with TxDOT regarding any flexibility in relocating ramps and therefore modifying the location of the restricted access zones concluded that there were too many geometric engineering prohibitions to modifying these alignments. This issue, as well as the additional alternatives noted below,were presented to landowners at the meeting on March 2, 1998,and to the Planning and Zoning Commission on March 5, 1998. The Option "C"alignment was omitted by the Commission as a preferred alternative. Option "H" As a result of the restricted access limitation along S.H. 114,new alternatives"H,I and J" were proposed. Alternative"H"is a minor alignment change shifting the'far north end of the`B-C"options east to the point that it is outside of the restricted access area. This option was shifted east rather than west due to the fact that this location would be downstream of- the east-bound off-ramp,thereby allowing better access to the Village Center East properties. Benefits of this option include anticipated support from the other property owners who are not affected by the new alignment and the enhanced access due to the location downstream of the off-ramp. The Vogels, the property owners most impacted by this shift across their property, indicated to staff immediately prior to the public hearing on March 5, 1998,that they were not receptive to any roadway alignments on their property at this time due to ongoing discussions with a prospective purchaser. The remainder of property owners in this area have stated no concern with this option. The Planning and Zoning Commission's recommendation on March 5, 1998,omitted this alignment north of F.M. 1709 as a preferred alternative. Option "I" This is the second of the options resulting from the restricted access limitation. Benefits to this option include a more perpendicular intersection with F.M. 1709 and the fact that a _ significant portion of the alignment is along common property lines on the northern segment of the alignment. The bisecting of the Harrell property is seen as a negative impact to Mr. Harrell(see letter attached). Mr. Harrell stated in the third property owner meeting, as well as in the public hearing at P&Z on March 5,that he plans no immediate non-residential use of his property, and he also would be concerned about the loss of a significant portion of it to right-of-way in the event Option "I" was implemented in the future. The Planning and VILLAGE CENTER EAST-CIRCULATION STUDY:DR 3) Page 12 of 15 1f F% 40 Zoning Commission's recommendation on March 5, 1998, omitted this alignment north of F.M. 1709 as a preferred alternative. Option "J" The final option addressing the restricted access limitation accommodates!the significant benefit of Option "C" by providing that the majority of the alignment be located along common property lines. Another benefit includes the likelihood that a.' perpendicular intersection with FM 1709 could be accomplished. A potential detriment to'this alignment is the geometry and resulting lotting pattern on the Williams and White tracts just north of Crooked Lane. The geometry may make it more difficult to obtain a perpendicular intersection at Crooked Lane and the lot(s) east of the proposed roadway would need to be evaluated for buildable area. Mrs. Gordon,whose property would share a common right-of way alignment with the Stevenson tract to the west, indicated in the third property owner meeting,as well as in the public hearing at P&Z on March 5,that she plans no immediate non-residential use of his property, and therefore would not be eager to participate in any accelerated right-of-way alignment on her property at this time. The Planning and Zoning Commission approved a recommendation supporting this conceptual alignment at the public hearing on March 5, 1998. B. Eastern Section of Village Center East Option "D" This alignment is one of the more easily defined options in the study. The purpose of this alignment is to connect the future Northwest Highway(Business 114) bridge,over S.H. 114 from its connection with the south frontage road of S.H. 114 through the Village Center East property and connecting to Commerce Street at F.M. 1709. It is anticipated that there will be a traffic signal at Commerce Street in the near future. This alternative has received favorable review by the affected landowners. The Planning and Zoning Commission approved a recommendation supporting this conceptual alignment at the public hearing on March 5, 1998. Option "E" This focus area is designated in order to recognize a need to improve the geometry for the intersection of Crooked Lane at F.M. 1709. During previous draft disseminations,to landowners, a proposed roadway extension to the north of FM 1709 was located along the western line of the McCarty tract and provided for a generally perpendicular intersection geometry for Crooked Lane. Feedback received from the McCarty's reflected no desire to have this proposed alignment impact their property in any way so the north line was shifted to the east. The option"E"is remaining in order to recognize the fact that at some point in time,some consideration needs to be given to creating a safer intersection of Crooked Lane with F.M. 1709. The Planning and Zoning Commission approved a recommendation supporting this conceptual alignment at the public hearing on March 5, 1998`. VILLAGE CENTER EAST-CIRCULATION STUDY:r-'-"' ' -,1998) Page 13 of 15 Option "F" This option is the only option that reflects the possibility of an internal circulation drive not intersecting with F.M. 1709 or S.H. 114. This option is shown due to the depth of the properties which front along F.M. 1709. The general consensus is that these properties are so deep that there will likely be uses along FM 1709 as well as uses that access internal to the property. The loop connection between options "G"and"D"is provided conceptually to note that some connectivity would be beneficial here to allow movement to,and from the more controlled intersections of Commerce Street and Crooked Lane. Mr. Yates (letter attached)expresses concern with this drive location only if his property were not to develop as part of the planned development for which his property is currently under contract.The Planning and Zoning Commission approved a recommendation supporting this conceptual alignment at the public hearing on March 5, 1998. Option "G" This option initially did not connect from F.M. 1709 to the existing Austin Place in the Oak Knoll subdivision. During our first east-side landowner meeting it was discussed that this option might be shown and would most likely be pursued if the entire area,including Oak Knoll,were developed comprehensively rather than having each individual lot in Oak Knoll transition in uses over a long period of time. It is unlikely that this connection would be made should the Oak Knoll area retain its residential character. Benefits of this option include enhanced north-south access and an additional location to access S.H. 114 east- bound. The connection of Austin-Place is upstream of the east-bound on-ramp for S.H. 114. This connection point could significantly reduce the congestion at the FM 1709/S.H. 114 intersection, particularly for east-bound traffic. The Planning and Zoning Commission approved a recommendation supporting this conceptual alignment at the public hearing on March 5, 1998. C. Additional Discussion Points . East-West Creek Crossing There has been some discussion regarding the benefits of having an east-west connection between the eastern and western portions of Village Center East. We have been hesitant to draw a line and advocate this connection due to the breadth and depth of the valley/creek dividing the Village Center East area.Depending on the type of development to occur in this area, it may be possible to accommodate a lesser impact roadway or internal drive which could provide for greater internal access. At this time it seemed prohibitive to advocate such a significant cost of crossing the creek via bridge structure or significant drainage structure. At the March 5, 1998,public hearing,Planning and Zoning Commissioner LeVrier discussed the feasibility of such an east-west connection. Staff indicated that the possibility of further study exists to accommodate some lower-intensity connection through this sensitive area, but it would perhaps be better evaluated at the time of user-specific development requests for that area. VILLAGE CENTER EASY-CIRCULATION STUDY:DRAW 87 (M•neU O 1 GOON Page 14 of 15 i nn_en S2 , Draft#4: 2/27/98 i Approximate limits of I 1 I 1now S.H.114 R.O.W^J 1 ---•I Northern / Approximate areas of 1 1 -H- 1 connection of i / controlled access J�\ i Alternative alignment 1 Option"C" not i — north of F.M. 1709 J I feasible per j': ......Y . ..x. .:: .• • • i // � .1.. "!'. '•••" • ••• . I Alternative alignment t Q - �' ` ... .. '�::"• � '! oAh of F.M.1709 1 �I L vim Potential collector from ` :A � / •.. 1"�L/ {�� 11 N.W.Hwy to Commerce ! ��`J(�' / MrhWly— Lam xi 1 '�+� � � 7.••••.,. ..e....... ......:.:.:.:.:.:.... Carlson CarpenterSus1J--"11111 At, I�trtr .. _// ~~ raAnterkoiii weuel I• � / , �� AmerlooCayailino • Vogel / Iiifr ��:C Ales ,/ Tot/kman / Mobttlly Lipton. Saunders I ' Amedoo — il. Hilitop / systems Leighton • ' Country Harrell ' / ;_ Tate LIbeM Plaza/ l ,liLibtlior:E..r"------? .. Sank lee Leighton J� • • r Harrell ♦� , • I Te4 fig�, l o�' Perry i •� •�••� ;foes ,�' �� N. tlr A.smith I� G7amt s —Giver— 1 4, • Woodside C.Satin \ Yates P��"MM "" Pad Park \ I mph/All • Ph III �� \ t\ _ • A- _ .- � \ -G- 1 %tars original proposal i ———^ ' ' potential collector tie to I for Graphic Dr. l Oillraillifiriirr Austin Place —J continuation J ® oerniow \ _ -B- \ I -E- 1 I Potential Internal I 1" \ n common drive Myers alternative for I I Crooked Lane ! t—_ __--— ontinGraphic pr. I Intersection J continuation J ....-- !al nt 1 I • `/ • `.• t ' 1 Illr r`":„.. Alternative alignment 11:2 •,� �. \\ r—— - —— —T LEGEND \1 F.M. i .7V Alternative alignment •' I south of F. 1709 4. ,. Potential collector roadway l Potential internal common drive S.H.2114rcontrolled.access•locations ,. ° IV. CONCLUSIONS AND RECOMMENDATIONS The Planning and Zoning Commission, as indicated in the preceding section,recommended approval (5-1, Creighton opposed) of conceptual Option "T' on the western portion of Village Center East and approval for the conceptual alignments as shown for the eastern section.The majority of the Commission indicated that the ability to share common right-of- way in the Option T' configuration to the satisfaction of all property owners except Mrs. Gordon to be a deciding factor. In summary,we believe at this time that there is fairly unified support from all landowners for the alignments"D, F and G" and a desire to accomplish the goals noted in Option"E" on the eastern portion, and varying interest from property owners for the alignments on the western portion driven by the wide variety of expected timing issues as far as a transition of use from residential to non-residential is concerned. Obviously some of the alignments are also subject to a variety of anticipated patterns for development. (Please see Figure 7 for the conceptual roadway alignments recommended by the Planning and Zoning Commission on March 5, 1998.) Overall, this circulation study has been received well by the landowners who have recognized the potential benefits from working together comprehensively to develop these areas for the mutual benefit of the landowners,adjacent affected landowners, and ultimately for the benefit and long term value enhancement,both financially and socially,to the citizens of Southlake. I VILLAGE CENTER.EAST-CIRCULATION STUDY:DRAFT in n44•o'U o 1 0'9) Page 15 of 15 Prudential Lea NMMIII.REALTORS, 203 East Norahout Highway.Graverine nc 78051 Bus 817 481-2573 Fau817481-1113 Mr. Greg Last City of Southlake 667 N. Carroll Ave. Southlake,Texas 76092 VIA FAX 488-9370 March 3, 1998 RE: Village Ceuta Fiat Circulation Study H Dear Ore& . I appreciate your informative and well organized meeting of Monday,March 2nd, informing land owners and interested parties regarding potential roadways in Village Center East. I have been authorized to speak on behalf of the Harrell and Stevenson tracts, which are in the geographic center of Village Center East. Mr.Harrell does not look favorably on alternative"I"which cuts diagonally,,,?:.;, through his property. However,both Mr:Harrell and Mr. Sathre(Stevenson t act)would consider cooperating in right-of-way dedication for plan"F. The obvious benefits of Plan "J"are that it is the most direct and cost effective route. It follows existing property lines and creates a definitive right angle road crossing as it intersects Southlake Boulevard. I will appreciate your conveyance of these issues to all relevant parties. Please feel free to contact me if I may be-of any assistance. Prudential Lou Hillman,REALTORS DUcb • CC: O June Stevenson ()Michael Sathre ()Glenn Harrell . RECO MAR ;0 51998 •Mindwbwg ndedear.0artewdTheRtd eidikdEma wtt 10D-23 Mar-05-98 09:28A BYK INC 972 242 5563 r.02 • 1 i MANIA 1 ;'T .!• , ... :T •:Fr. 1410 DUNN DR. • CARROLLTON.TEXAS 75000 ' 214/24S-5533 • Match 5, 1998 Cvi.ie L. Conpente.,AICP CompnehenA ve P,funnet City oi Sau,tkt ke .• 667 Not& Ca aatt Avenue • Southtake, Tex.a.s 76092 - . . . Subject: V,ipltte Cente.t East - - - . = . • • Cvcc a lion Study .. . VJrast 01 Feb 27, 1998 - . Dean_ Silt: . I As .the ounet ob the Yates pnopenty bhown on the ached exhibit, I would .fake .to go on n.econd as'to my opinion tegax.di.ng the. Poten.ti.at Tnttetnnt Common PAi,ve "F" 'LW/vied to on Ake eaptcaned Atudy. My pntopetty. L4 cunntentty under con aact to Mft. .Tenhy Wivks.noon who committed to ne. on Match 2, 1998 .that he has fiat .intentions to aoa4 on the purchase 04 .. . my pnopenty. Should the c,foe.cng acC.unc, I obtM.di44y have;no pa.oblen WA' Inte.naL DnAve "F". _ . , In the event that Att. W.i;P_k i.ns on does not aequi'ee ,y pfr ope t y, I have s,ignii.i.eant concexns about .the need eon. Trtteninat *n,i.ve "F" and the negative impact it could potentiatty have on the value oe ,ay pitopelrty. I w,i t not be able to attend the Man.ch 5th meeting 06 the Nanning and Zoning Commiaa.i.nn a4 i ciL a be out oa town on bus ess. . SLYWA te.ly, . , Ze 01 A'244 „ . . • C ec i f. N. Yates • •• • • • • 10D-24 . • Draft #5: 3/9/98 l Approximate limits of 1 1 ail new S.H. R.O.W. 1 "-- a.---3.-- - i �p i Approximate areas of 1 PKWY FAST , controlled access l\ i i I 1 bR : ............&...... • •` ' . :.::::::**::::::i:Migginl:..:i:1 ' . ...".....:*:'::.::ii::::ii:iii::: :i::::::.:.. .: .::.:•:•.:•:•:•.:•.:•:In• 1 %;: i:: s `! \ l Potential collector from i LEGEND :.::: . I w-... Vogel • Mobility• ••Lam:::ibt, _+i 7,4 11 N.W.Nwy to Commerce 1 Systems �� 7 I '`.. Potential collector roadway .1 � ipt I 111111II111lIItrtlsIIs*II!■ j ar+- .. r ICarlson Carpenter Susk, i Potential internal common drive 1 41. - vinii - 1 1••••••••••••••••4 i'l�'1 Wetzel I R r Ameitco I, _.-..-__ S.H.114 controlled access locations CavaUlno I v�� 3X Aj1U rto Properties I I I ! .It:: �11111111110111111.1111111 To6onun��]I Saunders ' Americo — ‘. �`" baby I Harrell I l --- - r - ii.lbertY Purar • r 1 Hank Paton Lee I Leighton \ 1 I Harrell ■ 1 r Tate i M Perry TIM `•i •••' •• \ 51144 , \ • `,•• ••Iv�Ia Omni PA ga OS. t of-SS G Park 1 Woodalde ! , csth \ Yates A Smith11011111111 . eb son Ph 111 1 ' \ I . �- Shank \\ r_—�a 1 1,, Polentlal collector lie l0 1 \ I Austin Place I Shanklln l WI \ rg oen ow \ \ r— I 1 —,. - I I al 1 \I ^E- Potential intern 1 CrookedLane n common drive 1 ` J1 ; I..a:: Intersection 11--- ---- r I Wiliam I I ... I ' t./\\ \ I 'M _. \ r lr_____i _=3 \I -J- F---,. 0:0 i NRute •7 Potential collector I -- - �� alignment I n 7 ' I Figure 7: Recommended Alignments- P&Z: 3/5/98 v--- Approximate limits of I • it new S.H. 114;R:O.W.r J ice__ L--x •— i c� i Approximate areas of F KWY EAST i controlled access J\ :� ::::i:::%::::::::::•::::::RM..:::::::::::::::::::::::::::::::.::::::::::::.::•,:•:•:•:•:•:•:•,:•:•:::•:•:•••::::::::::::::::::::::•:•....... ---••.. ,+ �_ ` 1 Potential collector from LEGEND `" v —' —— — t I It N.W. I Iwy to Commerce 1 vagct Mobility tan, . /(•Q Potential collector roadway • t 'ill N. I f MI\WM�NM I I NM i IN IIII INN II L. , (� a Carpenter susW Potential Internal common drive -4q l'1 • ' �� ^I I AP•0�115��••••••••1 - • Wetzel I .. ReWy l •� Arne kn --I" Albans S.H.114 controlled access locations I Coconino (. I Vogel I Ante ica Properties A MohlUty Toblenan rillSaunders r Americo _• °d• -, :,. fUUtop Systmns (I Lolphlan Leghlan I I — Couo J— !` l• --6 I — Tale LUxrly i. Plata! I I Bank: FAton Lea Leighton Hanel_ _ �' I • la fit -. r. __� Pant 1��• �.t ... F Tale A 1 ` 0Done/� !� • 1r� Woodside ' I'rsmith vPat• a Yates m-- f.1 e 4;• Potential collector lie to I - — -- • 1.1 \ Austin Place — 11_ . ,` I -F_ \ . -E- I Potential internal I I " ` • 1:,,/�`Crooked Lane 11 common drive 1 � :-\• 1 = ,,Intersection I I—— —— — — • • . -,-, -.-.- mi. ‘,-, • _ .__ _ _ ka ' ‘..."-. ,.. ,. . ` (' whoa I •74 r Potontial collector t r f - alignment l • I Ra�commi:nilyd AIinnments- Annr`nved`bv'�:'ity Conned 4/7/911 C tT C 01 o w n U .o Z j LA O o M �o� 00 �€ a� � 00 rd r OI �_ ONE � N N N� / i 001000 N Na NN N m.ornOa aa0 m N� N o'D Om O� OT o'D /r/.- / N o � o / O 0 N a TON O Of M rn C Y O U To O - N 3 O OO 3 0 ' rnr C i m-°�o o n N o O 0 O > O IA CM W 00 NIA c, 1- i o o _ O J/ O O N / r 0 IL H TR 11D1 . � • I CORNERSTONE I • EXCHANGE _p,R LOT 10 ! ;Q��• ��•' T FASTER Nat 474 ADDITION /:/ P MELA MORRISON j 1 j,__�5 S ! 2, � W wooD CIR.: � BUSINESS PARK , _._. . _BLV�� _P- _ ,3 2oj o � � I CHARLES WOOD •,i �, LOT 1 710 WH I-, PER I NG xr - - -- W� I WQ �, TR 11D4 9J' ��,! ' �� I 2250 CROOKED LANE.�SQ�R�ES.� •� JOHNNY BEECH / IVA JOHNSON SOUTHL KE, TX 76092 h BLOCK 3 LOT 6 I Ii ! .�QNE � BLOC 2 CEP �ME 3� �p•'� 70.1 WHISPERING / VOLUME 1C�35, PAGE 1036rd SOUTHLAKE CORNERSTONE I II HERS SOUTHLAKE CORNERSTONE Q�- 9 Q •�Q I �'22 0 •� LOT 2 j•?20 WHISPERING WOOD CIR. •\ •y BUSINESS PARK L.P. Z •I QR \� 3 LOT 8 LOT 9 i'A\ �� ; WOOD CIR,. I �' BUSINESS PARK L.P. :I PGA I I �• \`'.�'• �� MICKY KENDRICK 1 / SOUTHLAKE, TX 76092 '•\ I 13154 COIT ROAD STE102 I O II 13154 COLT RO}D STE102 I' Q DONALD o0D I i' �2401 CROOKED LANE- j VOLUME 12015, PAGE 1524 DALLAS, TX 75240 1: W E :I I i 1 ;� VOLUME 12873, PAGE 520 U �j DALLAS TX 75240 695 S. KIMBALL AVE. I 'CEO' TR 11D5A1 ` / 10 TYPE C LANDSCAPE BUFFER V� TH '-' 'I VOLUME 12873,. PAGE 520 ZONED 11� 1A � ��' �� % • 1338 L.F. 8' HIGH SCREENING D ICE i �®��® ®� I II ° � " L�® N® I8TROAL OD•• JUANITA SAPP I��' ®��0�� ®��I�L 589 26 47 E �I I '-' II LOT 1 - LOT 2 I L�®-LO®OAT ®(EI�O�OTIf - R[EGO®L:NTO L� 2317 CROOKED LANE ��, zONEDAF 1A '•\ . SOUTHLAKE, TX 76092 •'\ LSD®-LO®04T•/6 ENGOTY RIEGOD ENTOAL BUFFER _.._.._.._.._.-� — N8 16 \ %104o - ----- VOLUME 13721 , PAGE 39 S' 9° 52' 5 t�E I IS89° 26' 47 "E 252. 80'I �I BUFFER I �' 48 • �• 1085.46' --------------- ox.� sc1,il.g f� —Cl . HIC Ld r - 1 — - — �j 04 5 6.5 3 1 o T - 0 50 100 200 .p� 24'FIRE LANE IP All a TR 3 TR 1B1 � ---------- — � � S89043 47 W 332.55' , ._� - I�� 1 I v LP LPG GRASS H r_---I c Ix I •-- ..:. I I a0 i 1.0 12 i v I 'I 10 TYPE "A" Lri I CARROLL I . . D, j cis �Q� I : r` 1 LANDSCAPE BUFFERYARD i II cli WITH 390 L.F. 8' HIGH M 1� I 20 134 E.' HIGHL ND - i- 1 >- I I - SOUTLA E r . TX 7 - - - ii .SCREENING DEVICE I VOLUME 1014, AG ! ' • DRTCT 4P:: 11 "' .� I I U LOT 1 R2 I TR 3B3 Wl_ 1 f 24�LP v, 1 f _ C.R.I. INDUSTRIAL LLj LOUIS KAPOSTA � � ' M I 2311 CROOKED LANE � ..... DEVELOPMENT CORP. • k �I Z Iwl.. SOUTHLAKE, TX 76092 W �� I 1 2200 ROSS AVENUE VOLUME 6478, PAGE 532 m IZ " �' I DALLAS, TX 75201 I I DRTCT o »I ZONED AO I �--i Ln ONDUBTROALLISP IW E 1 W WI _ n_......... ZONED W ® W® UJI I>LJ 24 LP LUD - OaDUOTROAL a Q ° J d I �-- N N ' I 0 I_ on Mf Mf N f% I - 20 - Z �- �� i I� - : i i - l II - W jo�y _.. _.. _.. _.. V' IL. LAA _... . :• I I I• I . �: I r I La UW L PW �L #A 4� I TRACT 1 1 I �► o� i I Y I I I w : v N a = I Lii J AMES LUNSF ORD ' I ' I ' PO BOX 1685 0 21' — — — — — � � 24'F1RE L 10' UTII� - STACI4111a-- ! I DALLAS, TX 75221EnsEMGE►rr I I I VOLUME 12544, PAGE 772 ((-� F,--- oaoa-•�=. sr ---- _=•warn :ii 13: 12LLA I I DRTCT I ::::: _..•..:. ... ...... I - �;, N _ - - s • '�s L l LP I 8 0 58a. 0 1 UTIL. � 1� (n W �LPa G� EASEMENT i� Li( ZONED 811' l - z I I I LUD - ONDU3TROAL N LOADING s W 4� a _- • Ln I LOADING SPACE � - � � I "' � I I I z I s - 8' CHAINLINK FENCE LU a I - -- - a I � I I � H aa FN 1. 1 i CHAINLINK F LPI i' a I 10' TYPE A I :PROPOSED Ur �\ I LP • I LANDSCAPE O I I Z 14ET�NTION POND — — — —ALAMNI ti I I A ,'� - _ _ ,�� _ i BUFFER .'• _ r .•..._ I -------- I LP - I , I I 1-��`--U : t.-------------- I %/ q RETAINING WALL I LL-I CO - 4N 17) 1 1 I' Sol! CD N88° 6' 20 "W 261 .34' I I W -� I / j I I I �I � J 1 P I U') j� Co th ' G, I M(`Q \ O lJ \V I •I � n c� I^ = FM i all kE -•^`• 'GR. KN, LS LI tE IE v` ylP+s. ry `pKE plp 1r x E . x -• " \ a Pam. 41, LI� N ..%... s9�E • ..x. " " vx� • ` . x S _BPN n • V�r- I� CD 49 r «.. • toss ' S • • • GR PPE•PP K` «'EVE pStEq NQ,OON • '� 4 ' AA ' P ] S1NF-SS ' • u � < • POO i ... 3• S e J�'PEE 0� p A g • S� A , • N Np •2 .. OUT LA N� p00• T Y OF G A P E V I �• �-+ SUB -- _ pGEQ',,fl Z - INDUSTRI BLV STADIUM SITE m c NE0.`( p4E P p� M pUpPN \ _ �u `lj1�\vP�il-� NEpStpNG`p� B +•" M A�K 1 p N• 6 - - BLOCK 1 - LOT 1 SUMMARY CHART BUFFER YARDS BL C LOCATION LENGTH BUFFERYARD WIDTH - TYPE CANOPY TREES ACCENT TREES SHRUBS FENCE / SCREENING HEIGHT & MATERIAL NORTH REQUIRED 1338' 10'-C 40 53 160 8' HIGH SCREENING DEVICE PROVIDED 1338' 10'-C 40 53 160 8' HIGH SCREENING DEVICE EAST SILICON DR. REQUIRED NONE NONE NONE NONE NONE NONE PROVIDED NONE NONE NONE NONE NONE NONE SOUTH KIMBALL AVE. REQUIRED 800, Cl. 10'-E 8 16 64 NONE PROVIDED 800, a• 10'-E 8 16 64 NONE WEST REQUIRED NONE NONE NONE NONE NONE NONE PROVIDED 390' 10'-A 4 8 32 8' HIGH SCREENING DEVICE Notes: a. Excludes driveway curb cut width. cs e QI ' i 30, bf N r 77 LP i l i � � � ,•--I rl ® LOT 1R1 W �I_ L I d I PRUCROW INDUSTRIAL PROPERTIES OSS AVENUE +• — I" ° . 2001 R � � 1 _ _ 11 > j T_ I TX 75201 R sr _ cioNc. DALLAS, '1 '1 I N ALP = -W N VOLUME 13801, PAGE 481 8' CHAIN LINK I Q '" ( ( ( ( q m I 60' DRTCT I SECURITY FENCE L1J I \ $ e I :n; R. W. f- a I 1 LP'er _ —_ — - -- I I cv I QCL 1 I 1 (V I I cow. sr � _2 ,� CL V) r I Cn i 1 I FH 3 GRASS V I i I Z •1 II 1 TER WITH R, 10 UTIL. o FIRE LANE r - - - - - 7��-- *------------ U m IW j� GREEN MEADOW SUBDIVISION 5 1 ,E+T — —---�P3�m�--C- ---- �� p J o a ; - ' H GH MASQNIt - - - — — - - J L�1 -�C1L7C CJ1C�� '3��=9$ PEE" --.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._. 1 W \� " W \�� -- 30 0.l '_ tn. S 1 I m zo �� Irh 0 = 8° 39' 29 �/ j.,�� a I(V 1 PRTCT % B� ' I Z N I° ® R = 1530.00' TRACT 2 � �LL 17� �' � I z z i� L 231.20' \j I • *„rw � �� 30 � I SUMMARY CHART — BUFFER YARDS — BLOCK 2 — LOT 1 LOCATION LENGTH BUFFERYARD WIDTH - TYPE CANOPY TREES ACCENT TREES SHRUBS FENCE / SCREENING HEIGHT & MATERIAL NORTH REQUIRED 104' 5'-A 1 2 B NONE PROVIDED 104' 5'-A 1 2 B NONE EAST REQUIRED 1511, NONE NONE NONE NONE NONE PROVIDED 1511' 5'-A 15 30 120 NONE SOUTH REQUIRED 77' 10'-A 1 2 8 NONE PROVIDED 77' 10'-A 1 2 8 NONE SUMMARY CHART - INTERIOR LANDSCAPE REQUIRED OR LANDSCAPE AREA % OF AREA IN CANOPY ACCENT SHRUBS GROUND COVER PROVIDED (SQ. FT.) FRONT OR SiDE TREES TREES (SO. FT.) REQUIRED 20sq.ft./space 50% NONE 1 PER NONE NONE 30,000 sq•ft. ISLAND PROVIDED 20sq . f t. /space 50% NONE 1 PER NONE NONE 32.000 sq.ft. ISLAND Credits: Other Comments: RALPH SEGARS - 11132 YORKSPRING DR. ' " o .I ITY� : 0 = 8°3930 ALLAS, TX 75218 I \ W I / DENOTES BUILDING ENTRANCES p / U R 1470.00 VOLUME 10898, PAGE 1338 m L = 222. 14 •� �• DRTCT C" �� /G�F,,�ti. \. ss � L�QQ�Ott[E.INK FEMME / - G ' I ° � � _ — 6 05' 03 �, ®aillE® 01 8 CHAIN LINK iI " I\ DOUBLE MALL _ _ •fir SECURITY FENCE 12,000 GAL. //,L/P o I W ` 1 1 ® R = 729. 0 0 •� \ •� LUD - OP DUSTROAL i : i DI SSSTORA O \ i I W d - Aan 1 :fin d •� .\ '� yam, a j dD OD III 10 x30 OFF STREET \ �• ly 10 TYPE A i LOADING SPACE �,F , I • ® BIUFER APE �. 2' FIRE LANE "�� ,-s 1 I ' '•`. \ '�• / \ �� L APE BUFFER h \ •` 01.8' rl, rl- I w Q e zz 556.1' TO '`•'� \ ••` \ ' \ LP. c, a NOLAN DRIVE •`• \ 0.32 •� / I 8 '` \ ••`' (V J FIRE LANE EASEMENT Cs �..♦ J_ _- - ,� -- - — — •�., \ �•. rn ULJI - -- - - ;_'r� I • a \ \� • �•''' - I i PRUCROW INDUSTRIAL PROPERTIES �, \ ♦- ALP LP LPG �',' LPG 7; I •� AZ < Nv \ -�• cal ` 2001 ROSS AVENUE fA -�•. \ '�, °0 ' it i D�MPSTER WITH , 1EA9 UTI �.•�'•' 0 = 1 0° 49' 08" I DALLAS, TX 75201 ♦, \ �, 6 HIGH YASONt 8 HIGH VI 3p, o a :) SCREENING VAL ' COATED ,� i' I VOLUME 13012, PAGE 113 TRACT 4 •�• z © R = 681 9 �. ] s I SCREENING F I'' • -�. �''�. 1 '• a 12 ,�••�•L = 128.78' j DRTCT TR E-SYSTEMS INC. POOL TR � j // �..� PROPOSED 6a ••i•'� j BLOCK A nI P.O. BOX 660248. DETENT10N° 3°1 j• urn S I i DALLAS. TX 75266 % FASE� ` raP .00 I 26, PAGE 1530 �• /�•. '2'•e' o• TYPE A .#* SHOWN ON FINAL PLAT AS z '' _< CIDC0 VOLUME 82 ��,. LAND% gUFFER ice•• LOT 1, BLOCK 1 w ��I�IQ � � � t� j % j �''..�• �..�''�'CORNERSTONE BUSINESS PARK l Q �oI�I� LLo _ •�" PHASE II Q � I w o21v,� �! ,-, Cn I CD 4vl �, W ........._.. _ .._..••" >- � to J ° TR 1 i off: Q' v, = Z �j CL SITE DATA SUMMARY ZONING EXISTING / PROPOSED AG * SP - 1 LAND USE DESIGNATION INDUSTRIAL CONSTRUCTION: START / FINISH MAR-2000 / SEPT-2000 NET ACREAGE OF PROJECT 1,709,730 SQ. FT. (39.250 ACRES) BUILDING FOOTPRINT MAXIMUM HEIGHT STADIUM HOME-2880 SQ.FT. ELEVATOR SHAFT = 80'-0" 3rd floor PRESS BOX TOP = 69'-0" VISITOR-864 SQ.FT- T(P OF STAND = 38'-0" FIELD HOUSE 2595 SOFT. TCP = 16'-0" MAINTENANCE BUILDING: 9632 SOFT. TAP = 26'-0" TOTAL 15,971 SQ-FT. BUILDING FOOTPRINT/ % SITE COVERAGE 15,971 SO. FT./ 0.93% FLOOR SPACE 21,731 SO. FT. FLOOR AREA BY USAGE: MAINTENANCE BUILDING: SHOP-5825 SQ.FT. OFFICE-175) SQ.FT, STORAGE-2057 SQ.FT. STADIUM BUILDING: CONCESSION-1600 SOFT. STORAGE-400 SQ-FT- OFFICE-1 500 SQ.FT. RES' ROOMS-4125 SQ.FT. PRESS BOX-3379 SOFT. STADIUM SEATING: 500 OFFICE-595 SQ.FT. LOCIER ROOMS-2000 SQ.FT. DEVELOPED TOTAL OPEN SPACE/ % SITE COVERAGE 526,830 SO. FT./ 31% TOTAL IMPERVIOUS/ % SITE COVERAGE 1,182,900 SQ. FT./ 69% AREA OF OUTSIDE STORAGE/ % COVERAGE 107,900 SO -FT./ 1.0% NUMBER OF LOTS 2 PARKING SUMMARY STADIUM PARKING: REQUIRED / PROVIDED (TOTAL) 1500 SPACES / 1500 SPACES PARKING PROVIDED: STANDARD 1449 SPACES VAN ACCESSIBLE 21 SPACES HANDICAPPED 20 SPACES PARKING (INCLUDING FUTURE) PROVIDED (TOTAL) = 1976 SPACES LOADING SPACES: REQUIRED / PROVIDED TWO / TWO / __ 9 47 56 I J �H Wm TRACT 3 SOUTHLAKE CORNERSTONE BUSINESS PARK•�Q 0 R = 753.00 13154 COIT RD. m I`'i SURVEYOR / ENGINEER ARCHITECT OWNER RALPH SEGARS L = 309.93 TX 75240 11132 YORKSPRING DR. j� DALLAS, -6 j 1 CHEATHAM 8, ASSOCIATES SHW ARCHITECTS 1101 N. ISD .�.•�O i'`\ I' DALLAS. TX 75218 i VOLUME 13151, PAGE 100 L I 1601 E. LAMAR BLVD. SUITE 200 9001 AIRPORT FREEWAY SU I7E 570 1 1 01 N. CARROLL AVENUE �VOLUME 13283, PAGE 234 .p 1 a •wl ARLINGTON, TEXAS 76011 N. RICHLAND HILLS, TEXAS 76180 SOUTHLAKE, TEXAS 76092 i''�• OV%I �- z ICI (817 ) 548-0696 ( 817 ) 281 -0720 (817 ) 41 DRTCT 6-1420 •�,.�'' C)� i .%' :' g®P(IIE® O1 i a� FAX (817) 265-8532 FAX (81 7) 281-071 3 FAX (817) 251 -6622 �• �� .� .�' ;� LUD - OB�IDUSTRIAL o :� CONTACT. GORDON JOHNS CONTACT: KYLE BACON CONTACT: JOHN CRAFT VICINITY MAP SITE PLAN CARROLL ISD No. 6 ADDITION TO THE CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS BEING 42,424 ACRES AS RECORDED IN VOLUME 13014, PAGE 540 SITUATED IN THE C.B. McDONALD SURVEY ABSTRACT No. 1013, TARRANT COUNTY, TEXAS SHOWN ON PRELIMINARY PLAT AS o LOTS 1 8, 2, BLOCK 2 C CORNERSTONE BUSINESS PARK n 0 E U, CARROLL ISD STADIUM EO TWO LOTS 0 DECEMBER 11, 1999 C N 1 N CASE No. ZA 99-132 SHEET 1 OF 1 O'D ,BAN 0 4000 RAVEHAU PLACE ADDITION LOT 9 BLOCK 8 MAT RECORDS TmNAmT COUNTY. TEXAS ;;�l '.E SFI-A BEIRMICE PASSMORE LUD ZONED 0, 1:11 1 i 3ai M 75 9 BLOCK I VOL 12433, PG. 2053 ZONED SEE -A .6 SLOW DENSIFY S14 PG. ZONED Ill Ll DENSITY RESIDE" a il:iiii,iiiiiiill VOL . 64 LUD-LOW DENSW RESIDEN"I'L P 1 21 i X M 11 LUD-- ZONED T` "Es"i mw — — — — — — — — — — — — — — — — — — — — — — — — A A x! 7, o z-+ o�l I rot' C ,' N •: i € A o - hi W ;ia ��MA-15 .,'i m ■ ■ ■ U ■ SITE DATA SUMMARY CHART SITE DATA SUMMARY CHART BLOCK 2a LOT 1-2 BLOCK Z LOT 3 ZONING S-P-2 FOR C-3 USES(SEE NOTE •) ZONING 8-P-1 FOR C-2 USES LAND USE DEBIGNATft) k -...... -....__...._..__.. MIXED USE LAND USE DESIGNATION: --._-.._ ----._ ----- MIIUID USE PROPOSED NUMBER OF LOTS: -...-._.•._............ __.. 2 PROPOSED NUMBER OF LOTS: .•--_.............. __._ I PERCENTAGE SITE COVERAGE: ... _........... .... .-......_ 12— PERCENTAGE SITE COVERAGE •---- ..... .._........ 10% PROPOSED USE: RMAIL , RESTAURANT E RANK PROPOSED USE: --.---..._..-__._..... RETAIL SITE AMA: 4—ACRa3 = la0,ala sR SITE AREA 1.15 ACRES = 30.20E W NUMBER OF STORIES: -- ... ........... .......... . 1 NUMBER OF STORES: _-.__._...._..^__.._ i MAX BUILDING HEIGNT: ._._.......—._..._...__ 40 FM MAIL SIRLDSIG HEIGHT: 40 FEET BUILDING AREA: --••—•-^—••••-- 25.13. SP SLOWING AREA: -------•-- 6,000 SF OPEN SPACE ECOVERAG ---^^-•-"'^^- 33% OPEN SPACE COVERAGE: -•—•---•---^ US IMPERVIOUS COVERAGE 0% MPERNOU8 COVERAGE: •-._.—.---••.•. M AREA OF OUTSIDE STORAGE: ^—^^--""-"—' BREM ARIA OF OUTSIDE STORAGE: '-----"—^^•^" NONE PERCENTAGE OUTSIDE STORAGE:—•-^_----- O% PERCENTAGE OUTSDE STORAGE:—^-••.••^—•-- 0% REQUIRED LOADING SPACES: ------^--'— I REQUIRED LOADING SPACER: ---------- 0 PROVIDED LOADING SPACES:—•------•--• 1 PROVIDED LOADING SPACER: ---^----- 0 • cN.a+4urLlAet oN.IN> � MY N M e-Y oo+iocT: P6aNNttHe.eTn�pN o�¢iG �ro41Y�KVf4Nepl B. aY..aA'AaaM.a>�w4.14T.•R,RM ro w.�ia s1Y"'i+v: v�aieu' e�°rD Nwewrcx x � ��iMa*o rYl�°1pl N�iaw �w.wNrtNa • oan.n nI rouaan� N Re v-� oan4er. x .AOn arrow AD nwwnenwr nn awcva ao eons it wm:.�ia�ae°A.a '.ow i� w L•a�a..wL,...w M MRKJa1• ANASM ro LI>f 04YMA. flaE..4® ID:Ha pa 6 fNT4J[ Y11tllaNl®M RIWT M LM qR PN2 A� nvuelD ro MN 6 nE nNwarpr R�tt01weNA • �atlbw Nine C-I�iPonM DronaCf b IRNiI ro�illK GBN6R i. NOTBR • i'rPIf:AL PARKINS pTA11 M!' X M' • ALL PARC7G NEAP, ORI>E0, WALKa dN0 CUPaTNR PADS TO SE CG>1[FE'tE • I�AV� �al� NCH a:uDDWN.Ke TO BE • Nt M1E � NLKi1T0Yi p®eLL Wtftr W . LW NNoOD. 69m! � FOR ExaCf IETANB S WALL LEGEND UGHYING STANDARDS MS ® MON1'IENT SI&I ^ OA - WW PRESSURE 50DI121 CUT OFF T5 ® TOURER 54N LUINAIRE PANTED BLACK 5B o SPEED BURP ® Cs - DECORATIVE emey Trn (TO leE APPROVED POLE: 30' 6CLIAM TAPEFW BLACK SITE AREA COVERAGE PROPOSED I BUILDING AREA EQUIPARKING REQUIRED PROVIDE PROVIDED LOADING OPEN SPACE moo sPACBE sTANDABD I Be SPA urc, um) Pit" RB0008D PROV'D LOT 1 44,93A4 SF CRRS 10.6% RETAIL/RESRANT 4,768 SF 1/100 4E 46 2 46 0 0 BBe7 SP 1 et BLOCK 2 LOT 2 144,684 SF 3.32 ACRES 14.1% RETAIL RESTAURANT HANK 9,200 SF 6, 000 SP 5,170 9F 1/200 1/100 1 1/300 46 80 17 BO 6 Iffi t t 2SEE; gr EO% US SP 3EB LOT 3 50 205 SF 1.16 ACRES lo% RETAIL 5,000 Sr 1/2D3 86 33 2 35 0 0 IS 062 SF 30% 21,143 SF 42% rOTAL SITE AREA 239,941 SF 5.5 ACRES 12.0% TOTAL ■LDQ. AREA 30,130 SF too L76 10 20B 81/1000 0 0 was sF "= sF 35% SUMMARY CHART - INTERIOR LANDSCAPE 6a1 PI24a AT da na Ya,WM: W 1m- BE aY N •N.N. w .,.eu. 0..4 m ..Ia.I.m..: SUMMARY CHARY - PARKING LOT LANDSCAPE GNnTAT fl{Y Soak 2 T'•elme aa•^m a et ap4•� m taal et MV IRyY,, T (SB.) �IN aysw w°Wr IY I Y ryr u. I.4Y 41. I,NB af. lat a IM Tea a. a1. a>r .[. 4611411 •L Iw s a< s•44. wt Y •t Tel ..t IAN at �i, QR\VE 5O' IRA- - ry - �,�� jj PpO� nD" T � jLJ ;/ 30' MAD• E It OV1 TI r j F 1 Af 80' MAD. DIVE1 E RAN VCL. I $• hCER1r Yy -OF-WA Y) t'IE (VA C�NCRETC AMEN B BLOCK B PLACE SOUIHLAADDBn; i8 JJ< (� CREEK ' riw. 2, B0 @5 ^ PROJECT � s11a ■ /M\\ —BG N?TG/MIAIG —1. ■ SUMMARY CHART - BUPFERYARDS G.t...$ Pl- Bbak 2 It I .>.. e•." r....�....r. iR•-II R.N M • l0' - a ] > r 6••m- e>•.wa u • l.D'• IB - a Y' - a a . > . B a7 sm l PI•>Ilad IY•• W- 0 a a P YM . - • a a e Me• lT•a1M w e' - • B a a _ Nw. 2 Lea 2 Bui Me 14i{ a a�Blo4* aMW/>FM T— B'vb Imr� w- e aaall- F.o.11.4 .>a•• M.� - a e.' - 0 . O u M Y A a•m P.•.l4•a w" W - . M >b Mal- B'/' aP - ♦ i { 1> Na.• PIaTMtl Wf - A i a Il al- Roo. a- A a s RR na.. lArtN4W w` a- A a 6 0 11-1, a L,A 8 r.. �1° a suu�rn. � aaO°'x- m..a Nxm- Fawl4a4 ITV- Iu • le• - ■ 1 - ■ a t a a 14 IN4 B-t h•MM l'If" W - O 7 N 4.I- w - A a 6 tt ILA n..Iew w' —A A a u 4 aw a..aw e..4 m �Ilav a rmm a •mr {n.• ... eY.wa pam m. wm• N.eNI a IIr a,maTa.i PWIW m•1.eNM .W M• a•Na•W W a.Nu 01. WMa°a Ilrv•eleat tib V.• i Im%arT..4 aXaV •b•a7 OINo 1•. Iw I. B. M a. ouw a�YI. Iwv melmuGaa• �pl °G t°1°°Glna low:.l°'°o mw vm of wt ° m.aaoaos n�.... Iaemt 4m v• ..• mmd® M.� tlue G• 4' .W.® Welt r .yWN �am.= Lor RI 7 CORP. pAJEN.C. DrV EL p07 2197 DR LC ZONED MERCJAL RE7 IL (0.968 AC) ■ ■ ■ r sr torte r �'q98?1�, 1EY'OS ICE T.C, PC /8B9 REIq/� 0=p_3 t 0os�jRCj,7[ WA ■ ❑w ❑❑❑ ° 09BRIEN ° ❑ & ASSOCIATES ❑ ARCHITECTURE PLANNING ❑ INTERIORS ❑ 5310 HARVEST HILL ROAD SUITE 136 ❑ DALLAS, TEXAS 75230 ❑ 972-788.1010 FAX 972.788.4828 ° www.obrienarch.com ° ■ CI01,Tyy ` W0 ❑00A a ❑ ❑w H Q H= Q z P-4 ❑ � ° a ePQ o ❑ °Fzaxowa° pw., `nwC7 U ❑ �� z❑ a 0.4 ■ ISSUE L,00 NO. DESCRIPTION DATE SITE PLAN KNEW SUBMITTAL IIA91 RE&WIT W/ CITY 0011MB'" IV1--- IEBEheT WU CITY COh• EN?5 121n,'A C6'YRIGHT © DS59 G'MUEN L AESDCIATES THESE DRAVINGS, OR PARTS THEREEIF, IIAY TQT BE SEPROWCE0 IN ANY ro", BY ANY NETIQO, FOR ANY RID PURPOSE, VITHWT PR VRITTEN COGENT ❑ FROM 0HR1EN L ASSGCMTES ❑ OWNER: WYNDHAM PROPERTIES ❑ MR TERRY WILKINSON ❑ 930 PAR%VIEW LANE SOUTHLAXA TEXAS 76092 ❑ TEL (817 3"" ❑ PAX: (817 431-2420 OWNER/APPLICANT` ❑ LINCOLN PROPERTY COMPANY MR ROBERT DOZIER 500 ARARD ST. SUITE 3300 ❑ DALLAS, TX 75287 ❑ TEL (214) 743-3100 PAX: (214) rn.9099 ❑ ❑ PREPARER: O BRIEN & ASSOCIATES MR JACK O'BRIEN ❑ 5310 HARVEST HILL RD. SUITE 136 DALLAS, TX 75230 TEL (972) 78&1010 ❑ PAX: (972p20.1058 ° DATE SIGNED ❑ DOB 4k 9B02B ❑ DATE: 11/29/99 SCALE: 1"=so. ❑ SHEET NO. ❑ ❑ SP1 ❑ CASE NO: ZA99.113 CASE NO: ZA"-131 ■ ■ ■ ■ ■ ■ T T }6�-0' 30'-G' TY ]5'-O' PLT WALL DII}}y�lplp I.0' 3'4 A-0 3'-0' 3'.0' N-0' V.., 3..a q'-0' PANE: OPENINGS 9 T.oP•33'-31 $ T.OP-2T-S Shr OONGYEiE ME ROOF am AND GLASS 870IFAId(T �p,Ey• 7-O• sllePvo® METAL AWN NG OLLTLM STONE B q T.OP.•93'-S' _ - OUADRAFa T.OP.•33'-3• q GTOIE ALLIONS - _ � T.O.P.•2S'•3 3/A' FACE BFIdC _� = ALUL AND SLWSM METAL AYYN N 1�ELEVr S' 0• OLLILM ST( SCALE: 1/I0' . Y-0' !Zip am Zffi ? �d METAL AWMNQ CMLYtFM STONE O� 04 FLOOR PLAN T.OP.•2-T-5 03 SOUTH ELEVATION SCALE: IV' . r-0' BUI ING 13• NORTH SIM. Ol WEST ELEVATION ■ ■ SCALE: 1/I0' . r-0' BUILDING 13 Vr ,f) ■ ❑ ❑ kv ❑ ❑ ° OTRIEN° ❑ a AWOCUTM ❑ ARCHITECTURe PLANNING El INTERIORS ❑ 5310 HARVEST HILL ROAD SUITE 136 ❑ DALLAS, TEXAS 75230 ❑ 972-71F1010 FAX 912.7884828 ° www.obrienarch.com ❑ ■ y�0 ❑ ❑�Nz a ❑o.4A 00 ❑ 04 p� v ❑ R F' M z � ❑ o� �a�-1 ❑a04a N o 1! ❑ ° z3F.xoAa° x a ■ MUB ><A * Na DESCRIPTION DATE BITE PL.e%i F£YIE01611BF0TT 11— I�6UGHR MV C, COM`&MTB IIR9FA PoiBlp!'ilT W/ CITY' GGfYlErtr9 n121/1% CWYRRGIT © 19" 07RIEN L ASSOCIATES T CSE IRAWINTB, OR PARS THEREOF, NAY NOT BE REPRODUCED RN ANY FORK, BT ANY HETHOO, FOR ANY PLRPOSE. WITHOUT PROR WRITTrN CONSENT ❑ FRW O'BRIEN L ASSOCIATES ❑ OWNER' WYNDHAM PROPERTIES ❑ MR. TERRY 1FILLINSON ❑ 930 PARIIVIESF LANE SOUTHLA,KA TEXAS 716M ❑ TEL (07 32MS99 ❑ FAX (817 402420 ■ (] OWNER/APPLICANT` LINCOLN PROPERTY COMPANY MR ROBERT DOZIER NO ARARD ST. SUITE 3300 ❑ DALLAS, TR 75297 ❑ TEL (214) 743,3100 PAX: (2N) 977.90" ❑ PREPARER: ❑ O'BRIEN t ASSOCIATES MR. JACK O'BRIEN ❑ 5310 HARVEST HILL RD. SUITE IM DALLAS, TX. 75BO TEL- (072) W010 ❑ FAX M2J120.10S1 ❑ ❑ JOB 0. 9802E ••. •. •••. ❑ DATE- 81/29/99 WALL VIO' - 1'.0• ❑ SHEET NO. ❑ ❑ SP6 ❑ CASE No- ZA99.113 CASE NCI: ZA99.131 ■ ,,, JI % )�\\` / f if 1 ((( I I ❑ ❑ ❑ ❑ p O'BRIEN ❑ ❑ & ASSOCIATES ❑ ARCHITECTURE PLANNING p INTERIORS ❑ SCALE:= 1"=40' 5310 HARVEST HILL ROAD SLTITE 136 ❑ DALLAS TEXAS 75230 ❑ ..--- - 141-FOW it-VI.W ONLY iISUED __ 2.-2!_- Iq T^ «e 4awMUNA oft lot "Cd . P«isr ..d d« 1.ndsd l PvP-n TM.y red by, w wdwPo tN` AGIikoY«n P.(. eBBBB 972-788-1010 FAX 972-788-4828 ❑ www.obrienarch.com ❑ ❑�`�z z ❑ ❑OVA CIN ❑ paa i a w ❑ f� 7-1 rn Wa 0 ❑w� w HN W a ❑ �+ E A ❑Aar OD O ❑ ❑w 4 w a❑ a � d ISSUE LOG NO. DESCRUMON DATE SITE FLAN REVIEW &ABMITTAL IVV98 F E&ISMIT BY CITY W"ViT8 IV25M r£&@MIT IW CITY C VENTS QrJun COPYRIGHT © 1999 O'BRRN L ASSOCIATES TPESE ➢RAVINGS, OR PARTS THEREOF, NAY HAT BE REPRNIICED IN ANY FORN, BY ANY METHOD, FOR ANY PURPOSE, VITHDUT PRIOR WRITTEN COISENT pFROM T�BBR��IEN 6 ASSOCIATES ❑ OWN l� WYNDHAM PROPERTIES ❑ MR. TERRY WILKINSON ❑ 930 PARKVIEA LANE SOUfHLAKE, TEXAS 76092 ❑ TEL: (817 329-4599 ❑ FAX: (817 488-2420 ❑ OWNER AM.ICANP LINCOLN PROPERTY COMPANY MR. ROBERT DOZIER 500 AKARD ST. SUITE 3300 ❑ DALLAS, TX. 75287 ❑ TEL: (214) 743-3100 FAX: (214) 877-9099 ❑ PRUARS]t. ❑ O'BRIEN & ASSOCIATES MR. JACK O'BRIEN ❑ 5310 HARVEST HILL RD. SUITE 13E DALLAS. TX. 75230 TEL: (972) 788-1010 p FAX: (972)720-1058 p DATE: SIGNED p JOB #: 98028 ❑ DATE: 12/27/99 SCALE: ❑ ❑ SHEET NO. p CI ❑ CASE NO: ZA99-113 CASE NO: ZA99-131 1 ' C j \zo, i — 1 ' WATER SERNC£. END 5" fRDAT SW 1 // 01 CURB Owcr` i 10+OD LR 'ST1 —Iroro'B RCR TD mxer STD 10' HET / 1 GO i TIC wELOG 2�°poF FR 6ENp S FR \\\ \ GpiEwpY _DRIB - WA TER �ccwsr TNo 2 A M[ �y 3 � � WATER LRIE `�`[i 7+56.0 LN -snPsn4. ;LWS'T 2-GRAZE /A¢Er 5. SfRNLE ID' , ST 7D 5" Y CURB AVLEr Sr"" ENO \ 0 FROM 3" ROAI B[D 15' U7N.ITY EASfWNT SOUTMLAKE BLvo i \ f \ )X CUL IfRT 4' SAN SEINER Dw B'ss�p i a S'!//Iv ❑ ❑ ❑ ❑ ° O'BRIEN ° ❑ & ASSOCIATES ❑ ARCHITECTURE PUNNING ❑ ❑ INTERIORS SCALE:= 1'=40' 5310 HARVEST HD.L ROAD SUITE 136 ❑ ❑ DALLAS, TEXAS 76230 972-788-1010 FAX 972-788-4828 ❑ www.obrienarch.com ° ❑z �❑ �o Im ❑a O P V0I N w O❑ W o ❑oL''d H� z ❑ N ❑�a x� o a ❑ 04 >+ 3 p ❑w4.F N ❑ v) Paz ❑ ❑ W c a ISSUE LOG NO. DESCRUMON DATE SITE MAN REAEJ aWW5M1TT R/409 REM3MIT BY CITY COM'IENT9 WW" RESLM[T RO CITY CC"IENT9 0ftW COPYRIGHT © 1999 O'BRIEN A ASSOCIATES TlESE BRAVINGS, W PARTS T1£REl, NAY ROT BE NEPRODICED IN ANY TORN, BY ANY lETHOR" 7LR ANY mopOSE,WITHOUT WRITTEN CONSENT PRIORASSATES 0 V n 1�11� 11yNDHAM PROPERTIES ❑ MR. TERRY WILKINSON ❑ 930 PARKVIEII LANE SOUTHLAKE, TEXAS 76092 ❑ TEL- (817 329-4599 ❑ FAX: (817 488-2420 LINCOLN PROPERTY COMPANY MR. ROBERT"DOZIER, PROORM 500 AKARD ST.•SUITE 3300 ❑ 61"OR REVIEW ONLY ❑ DALLAS, TX. 75287 D 12 - Z7- 99 TEL: (214' 743-3100 FAX: (214) 677-9099 TAw docunrnb ew M 4aw aM not ❑ ❑ ,mt. br Ceutrvaion, BreCp ,N Mnnit P.pa•t . ThsT wn pepry y1" PRFPARFlt a wNler tM d O'BRIEN k ASSOCIATES �. ❑ MR. JACK O'BRIEN 5310 HARVEST HILL ED. SUITE 13E DALLAS, TX. 75230 TEL: (972) 788-1010 ❑ FAX: (972)720-1058 ❑ DATE: SIGNED 98028 ❑ ❑ JOB M: DATE: 12/27/99 SCALE: ❑ SHEET NO. ° ❑ C2 ❑ CASE NO: ZA99-131 funK w� UK —t au r t. 744 A u,t21 E)WNG APPROACH EXIST. CULVERT _ LONE STAR FIRE SPRINKLER TO TAP INTO CITY OF KELLER 12' EXIST. WAiER MAIN Dom Z' DOMFSi1C WATER- — LINE & D��R EI LJUJu - TELEPHONE POLE EXISTING FWRE HYDRANT TAP L07M DE. FiRE HYDRANT '4 EXIST. TREES - N 1 ' ' 1 1' t 111 v 't77 � « 1 1' ••1'7• 1 1 1 1 i 1 1 - li 1 . ' Mffi No IdWo OA I, EXIST. POWER -- IlIIm O t-\1 40' BIAIDNG SE18�Ci( POLEi ii--------------------------------------------------------------------------00 —+- i--------- - ---- --- 1--T ---1-- a -- -- ---------------- ------ ---- EXISTING ZONING: - - 1 2 4 FIRE LANE �- LOCATION _ 9 (LU.D. PUBLIC / SEMI PUBUC) - I _ - -- 1 - - -- --- _------- - --- - I EXIST. FOUNTAIN _ ___ - � - - - - - - - � FUTURE MEMORIAL I GARDEN EXPANSION __ rn � r = t 71 7' � ♦ e l � " 't 7 1 71 — ti• j•t r `o. 1 1 1 �F 1 ON ty� i•��i0•i•, •'0JW4i�i••!• ii••�i'.+•�i•��i� ►. ��ii�i�ii�i�ii�iii��i°•�•�i�i� ."Oil •+•!i�i�i�i�ii�i�i�i�i�i+i�i�i�ii�i�i+i :•i+ii • "••i�i•��i�i�iii�i�ii.21 0 i FUTUE PLAY AFFA — I — ----- — — — — — — — — — , — — , SPRINKLER LINE g �/ - _ I VAULT EXIST• LGITPOLE FUTURE BELL PAINTED ISLAND - TOWER - I Rff M EXISTING PROPERTY LK 1 I S BE REPLATiFD/ • A%i TUMY r PHASE 24' FiRE LANE 1 NOTED. o • I O I 9,500 S.F. oo 1 450 SEATS / � r u EXISTING ZONING: �S 1 (LU.D. PUBUC/SEMI-PUBUC) 1 P3 v� ------- --- ------ --- -- --- - ---- - - -- --- ------ -- REMOVE EXISTING -- - _ I�U(iE TREE D T 1� 1 24' FIRE LANE , _cam _. __ i 8 CAL ---- --- -- --- - --- --- -- --- ---- 31i I W I z 1 INTERIOR LANDSCAPNrG / AREAS AS SHOWN - rt r I FZlii ® so® SEE TAKE RlW / PRACTICE FAD OURFACH BULDWPHASE 2/ I i I ,.-- - - 10' x 50' LOADNIIG I I SPACE REQ'Dlop 5,000 S.F. I I S.F. / EASEMENT PHASE 5 II 5,000 S.F. - --- -- �. . ---- - - - - ---------------------------� FUtURE GARAGE ` �` �. Ii DOOR VAN STORAIGE - I ,0 BUILDING SETBACK j II -------------------- --- - ---� ----- 20' L - - - - - - - - - - - - - - - - — - ------------- - ------ ----------------------------------- LITY EASEMENT 15' Bllr.DNG SETBACK TOTAL S.F. - - ----- — -- 5' TYPE 'A' BUFFER YARD REQb. S 89°42� 1 W 704.44' -- 10' TYPE'B' BUFFER YARD REQ'D. NO BUFFERYARD AT BALL FIELD WELDON H. SNOW FOUR PEAKS DEVELOPMENT, INC. BLOCK ONE 35'-0" I VOL. 8031, PG. 641 I VOL. 1738, PG. 86 LOT 1 DEDICATED ZONED : AG I ZONED : PUD RESIDENTIAL DEDICATED PUBLIC PARK R.O.W. (LU.D. = MIXED USE) LUD= LOW DENSITY RESIDENTIAL LOT 45_ IF �II �I II M i 1— I SfTE DATA: EXISTING ZONING - CS - COMMUNITY SERVICE PROPOSED ZONING - S-P-2 - SITE PLAN LU.D. - PUBUC/ SEMI-PUBLIC GROSS ACREAGE - 11.83 ACRES PHASE - USE SQUARE FOOTAGE_ EXISTING - SANCTUARY 3,500 EXISTING - OFFICES 2,345 EXISTING - EDUCATION 10,995 TOTAL EXISTING 16,840 PHASE 1 - SANCTUARY 9,500 PHASE 2 do 5 - OUTREACH 10,000 PHASE 3 - RECREATION 10,632 PHASE 4-- EDUCATION - - 251000 TOTAL FUTURE 55,132 TOTAL — — 71,972 — X .30 REQ'D LANDSCAPED AREA 21,952 S.F. REQ'D PARKING SANCTUARY 1: 3 SEATS = 150 SPACES OUTREACH BUILDING 1:100 S.F. = 100 SPACES EXISTING PARKING 150 SPACES (4 H/C) PROPOSED PARKING 261 SPACES (14 H/C) LESS THAN 25% FALL 15 S.F. OF LANDSCAPING BETWEEN BLDG AND ROW REQ'D PER STALL REQ'D LANDSCAPING 3,960 S.F. PROVIDED LANDSCAPING 7,766 S.F. (7) TREES MIN. BUILDING AREA 719972 S.F. PAVING AREA 141,395 S.F. BUFFERYARD 39 109 S.F. 252,476 S.F. - FFERYARD- CHART 1 -— LENGTH WIDTH/TYPE •1 ACCENT -- ---�— ---- — -_� TREES�Rw IREES i � �'L 706 0�NO� 3I S6_ FRNDED - t4 2t 7t ' Mood fence rA� REWIRED 728' 10'-B i5 22 73 See comment 13 PRIDED REWIRED 728' 718' 40' OPEN SPACE NONE NONE NONE NONE NOW NONE NONE See comrtant %4 NONE --- --- -- PRONOED 728' MORE NONE NONE NONE NONE REQUIRED 394' 10'-B 8 12 39 See comttlent +3 FRONDED 394' 5'-A See comment 14 REWRED 310. 5'-A 3 6 25 NONE J� �GJ P 310' 5'-A 3 6 25 1 NONE CREDITS USED IN CALCULATIONS" A. - ---- — — — OTHER CONTENTS: t. REWIRED CALCULAnONS SHOWN REFLECT 'CS' ZONING 2. PROPOSED CALCULATIONS SHOWN REFLECT PROPOSED 'S-P-2' ZONING 3, 8' SCREENING DEVICE PER SCREENING SECTION 39.4b 4. NONE ADJACENT TO PARE( INTERIOR LANDSCAPE LANDSCAPE % OF AREA IN CANOPi' ACCENT GROUND COVER SC AREA FRONT OR SIDE TREES TREES SHRUBS (SO. FT.) AREA REQUIRED 20.992 S.F.75% 42 84 525 3.149 S F 420 S.F PROVIDED CREDITS USED IN CALCULATIONS: A ------------- OTHER CONVENTS - - 11 - -- - 1.) AN AMENDED PLAT SHALL BE FILED WITH THE CITY PRIOR TO ISSUANCE OF ANY BUILDING PERMITS ON SITE 2.) PHASES OF CONSTRUCTION SHOWN FOR COORDINATION PURPOSES ONLY 3.) ALL PAVED AREAS SHOWN TO BE CONCRETE UNLESS NOTED OTHERWISE w z v CITY of KELLER CITY OF SOUTHLAKE SOUTHLAKE BLVD. F.M. 1709 PROJECT LOCATION CHURCH ROAD VICINITY MAP: N.T.S. GRAf=I-41 C SCALE 40 0 40 80 SCALE 1" = 40' -O" U p a L O V O u a CO or o^ O O O^ NCC N-t N { N,4 N� /CC 00 00 00 00 00 N•- ,� ,^ //,� C N c a O E / O 0 w a N s ON 00 ~ c U_ TO ol O Ir 3 0 N o O O X V) ON,-,w0 a TO w ao N F N O 0 0 3 � O N 1 I I � I 1 , ' I / / M„Lz, LOOON I ° �' �I 6� _ M „ L z , � � a o qF O / '= ,09 `092 yjN 1 o :00 co m I y 0�, B ,Y �• LD < ®i I W _ <O � , p(Ois U� Y 1�lJ T S O ll X N1--1 M 1 \ y 9s D o oo.CF v old z� z (-oN 1°° f o X .T o I Q JS. ' ill SCALE 1" - 60' I p H � S. Milli1 1 °° °F N I W r 80 y e . 0 30 120 I Fqq r\ 1 1 � 1 ■ 1 1 S 1 I •e �°obq I 1 a 29 1 1 o 0 0e oqr � e °fo 'a. s ° 's s ° ° ° ° ° of I x_x_ 1 qe f �9. � o ■ r18 Z < ° ° •'F _ e � z OOOS _.----- -. svrT •r T p' c T s F rs'<A%/'�' -X - io: I '°•F" �x � x° q x V + F q "`c i` "qY ,2'°4 ° q{ Y '* e 1 _ 'r -{ O, ■ I � ° B, " " � °2, T o I I I I I I I I I 0{ "F fFgq `� � r a j =• � ,, °� Off. ' Y I N CAI 1• ,�\1. ° • �I/ � /� ( {� - 1 / � � V X V 1 �I LN O o, pSg9 S' qS ` rp O• i .x G o6 " ,O •f I• 4 �.° o LO s O` /g'-------M,T4�,80o(i6N----` ' ---------- - Ak„fie-,80v06t�------- T9!}.90N--�s9 00, I O �w �, ,�P OO(-------/��is£�------- — v_—�Cf•1}Ca7 _° — -•' -dil LH —1 r ,r % • H O{{ T T 2. • 1 p f< F s T.+sJ6--- • I ' ' • e?s /00.s� I `` I I I � • � I -1 I I I J 13I o ° • o „ 90 , 60.00S ° F I I ,Oti•BF I I <° s,° ° • S I I i I B°( c I rb Oq II CD r ` \ " I ` • \ t I i " \ I I I I <° `• ZVI I j l l I 1I ` \v, 6 a•Z� I ' � • s.° I `� ` \ I�f I I I ,,. I I I �s`<f ° ` moo. ?• F to uJ 0. ON \ � �� O_ po �I I I s. ° ,e s.F l b • 1 z I I I I �<° 2. ON> ;fy @�� - I II � I L I I • • B+ Fqq I°o /Z£•5t •• \ ��6F °fy I I I G `°q �I s I I I I I B{ I ,r I 03 • `�'✓ � \\ I I I I s_° ° M III I r ° • \ • \ — In—I�D� s, T • I I I °F � • �s I YI °f ,r B • r`q`q. I II I e•F 9 2 e °2uq r • I I I I I I I I q II I °Fqq �es WNLSTI —� f I < O co - (--o �I n I I I I r -, fq ` • -h LO 00I II II II I I I I I I z qF I 'c7+°f< ° O° q • LO Iti -♦- � O� �, I I I I �CC) fv I I I I I I �.� r -h \- -h 0 IV Z�� o (A I I I I I I I I I I 4--4----------- • e I ,T O \ � o CA�O I I I 3-UZ , -4- 14.@ ` m CD —h CD (-O —h T, o —h CD19 Y p I I s• I II � —+I b ml I I F ° D <y 'I I I ----------------------.. -- ----- ---- (III II Iv Iv ' 001 � -�-�-----------------------------------------------.---..—..—..—..—..—..---- =° - q9 ( y r B' Fp o Iv • Iv u ) B 1 ; °, �IVL0(O -� mCo--(_oIv--h I I II II II00N B F ,Y �� _, Ivz�� 0Iv �' ,� �•° B"' `q` AINAGE 81 UTILITY EASEME N I 'm0v 'I■ II {r ,t O I■ I N� �• C.INU1 O•,• llq°S O$, ^ 0 m 0t0P 0\1 O ij ,F �R °S. ?. •< e 6S°e., F( O. s a —FL— FL 2 FL FL FL =L ---L- FL._ o, ------- ------ ---- _ • °° o " — �a. y F B' H " S c ' b° S S SS ORp ✓ qq H c9'➢(. 9p C 9p �. � O y` <y ,F < ° ` 9q qp S C'qC 9qC S,q C q CC4, ° ■ I• I C � D �-F I I O qqC I ��s G � o t yc � • 1 I i i� � • ( ( ( I�IZC00-) o I Co • Co Cd 55 V 1 a' CC W z co kn cQ r ` I G wQ Y� pqcn o _ 0 O � a W � w W w C H CC W M� W � a Go 'c' w z i �.Q;. ••• : � O�t�ylF oLu S • r-I 1 •••• 4 0 M••• \ / r _U) Lu Q CC W J U) Y CC O c� Q U) J ~ W U �0�/^ V ) O O qr 2:q 1 Ij \O W Q J Im N C W N, q z, f< b C, Ld Cl Iu F'qC e oOsl 1 W "'a 3 U Lu I 0 0 C3 °'U f I ! p, W 3 �ti�° F 1• II "� a s :s• b � I •� CrQ y ` U1 -- } —.. .--- t --- m y Ex IST. 1" Oln. o • Fl �j c q9 , H 9p o SILICON _qZ� qjr EXIST. 6" Ola. ° SS �► - — - i�,- r-err ° f o ° m e• (V " SggC eO. C 'boo I '( I I I 0 � w N W O Z W a' 17 SHEET N I of Xx Na 0 PEQT JAN � 0 ZQQ0 O crD 0 r o rn 00 m o Z rn o W Y _ U ii I w a 0 O i o N w V MASONRY - MASONRY - VENEER It VENEER Cf) Lu J w �- O w z� 4 WEST ELEVATION 5 NORTH ELEVATION ow 1.1 1/16" - 1'-0" 1 1 1/16 = 1 -0 Z V z �- O -o zQ 11FM_ w� MASONRY --- MASONRY Q VENEER VENEER O ----� ----� ■ ■ ■ CL C/) Q Ell I cfj LU 0 J z�.j SOUT H ELEVATION EAST ELEVATION - O 2 fr 1.1 Q 0 U Q V ROUTE OFFICE ONF RENC TRAi�ING MECH. OFFICE MEETING ROOM STORAGE 0 BUS WASH SHOP I ASR. ASST. OFFICE OFFICE gISPAT LIEN' WKRM. RECEPTION Jan 18, 2000 rLT. TLKYLE L. BACON STORAGE DIR, OFFICEENDS REGISTRATION NUMBER - 12786 7TLT- THESE DOCUMENTS ARE FOR INTERIM REVIEW AND ARE NOT INTENDED FOR BIDDING, PERMIT, OR CONSTRUCTION PURPOSES. 67'-0" 23'-4" 48'-8" 23'-8" 39'-4" S Group Inc. �p pp 1 TRANSPORTATION CENTER Architects + Engineers TRUE PLAN 1/16n = 1 -0n SHEET NORTH NORTH NUMBER A OF � � + ZOOO SET NUMBER 0 1999 SHW Group, Inc. C 28'-8" �11'-4" MASONRY �\ VENEER VISITOR SEATING EAST ELEVATION 1/16" = 1'-O" 45'-4" 1 1'-4'' �33'-4" 11'-4" FIELD HOUSE 45'-4" 11'-4" 1 NORTH ELEVATION 5.4 1/16" = 1'-O" APPEC�TNCONCRC�ETROLLEQIS- W SEIlANT k 84CKER ROD o ,aNTs (TYP-) GATES (TYP) 3"-6- HGH CFWN LN( FENCE BUCK HOME SEATING C) �t O 0 r rn 00 m o o Z o Z Y I w W = o N w < C) Jan 18, 2000 KYLE L. BACON REGISTRATION NUMBER - 12786 THESE DOCUMENTS ARE FOR INTERIM REVIEW AND ARE NOT INTENDED FOR BIDDING, PERMIT, OR CONSTRUCTION PURPOSES. Group Inc. I Architects + Engineers SHEET NUMBER 1 . OF 5,4 SET NUMBER 0 1999 SHW Grout). Inc_ STATISTICS Description Avg Max Min Max/Min Avg/Min FOOTBALL 70.1 fc 86.6 fc 53.4 fc 1.6:1 1.3:1 North Parking 2.5 fc 10.1 fc 0.9 fc 11.2:1 2.8:1 West Field 7.5 fc 19.5 fc 2.5 fc 7.8:1 3.0:1 Bus Parking 2.7 fc 9.6 fc 1.2 fc 8.0:1 2.2:1 South & East Field 3.3 fc 11.0 fc 1.1 fc 10.0:1 3.0:1 LUMINAIRE SCHEDULE j Symbol Label Qty Catalog Number Description Lamp Lumens LLF TSP 1500M CAST METAL ONE 1500-WATT CLEAR • N 86 GP24NFX BALLAST/SOCKET BT-56 METAL HALIDE, 0•80 HOUSING, SPUN HORIZONTAL POSITION. ANODIZED SPECULAR TSP 1500M CAST METAL SOCKET ONE 1500-WATT CLEAR M 48 GP24MFX HOUSING, SPUN BT-56 METAL HALIDE, 0•80 ANODIZED SEMI- HORIZONTAL POSITION. DIFFUSE TSP 1500M SPORTSLIGHTER ONE 1500-WATT CLEAR W 0 GP24WFX W/DIFFUSE BT-56 METAL HALIDE, 0•80 REFLECTOR, FLUX HORIZONTAL POS. MANAGER, CLEAR GLASS PREMIUM SQUARE AREA ONE 1000-WATT CLEAR SA 8 KVE3 1000M R3 LIGHT WITH BT-56 METAL HALIDE, 0•72 TYPE 3 VERTICAL BASE -UP DISTRIBUTION. POS. PREMIUM SQUARE AREA ONE 1000-WATT CLEAR SB 11 KVE3 1000M R4 LIGHT WITH BT-56 METAL HALIDE, 0.72 FORWARD -THROW VERTICAL BASE -UP DISTRIBUTION. POS. PREMIUM SQUARE AREA ONE 1000-WATT CLEAR SD 2 KVE3 1000M R3 LIGHT WITH BT-56 METAL HALIDE, 0•72 TYPE 3 VERTICAL BASE -UP DISTRIBUTION. POS. PREMIUM SQUARE AREA ONE 1000-WATT CLEAR SE 1 KVE3 1 OOOM R4 LIGHT WITH BT-56 METAL HALIDE, 0•72 FORWARD -THROW VERTICAL BASE -UP DISTRIBUTION. POS. PREMIUM SQUARE AREA ONE 1000-WATT CLEAR SF 2 KVE3 1000M R5S LIGHT WITH BT-56 METAL HALIDE, 0.72 TYPE 5 VERTICAL BASE -UP DISTRIBUTION. POS. SI 17 KVE3 1000M R5S PREMIUM SQUARE AREA LIGHT WITH ONE 1000-WATT CLEAR BT-56 METAL HALIDE, 0.72 TYPE 5 VERTICAL BASE -UP DISTRIBUTION. POS. NOTES 1. South Poles=120' (32 Fixtures Per Pole) 2. North Poles=130' (35 Fixtures Per Pole) 3. Parking Lot--40' Poles-1000W MH U.UJ U. J U, }7 U.�4 C. C 0 71i 1.11 ��129 U. j U,J`t UaD U,UO/ UIUJ U,U U,U1 U,U1 U.UC i U,U7 U. I? U,JO U,/J 1.J7 1.D`+ D.J/ 0. DO 1.71 U.11 U}UJ U.UU U,UU U,UU RETENTION j + + + + + +. + + + + + + + + + + I + I + + + + 1+ + + + 0.04 0. 18 0, 36 .73 1.58 0. 03 0.0; 0.01 0.01 0.02 0.04 0.09 0,22 0,40 0.73 1.2 1.94 3.62 `�, 60 1.66 0.10 03 0,00 0,00 0.00 + +� + + + + + +i + + + + + + + + + I + + + + I + + + I + + 0.03 0. 9 3. A 6. 2.76 3 0, 0.31 0.16 0.07 Ci03 0.0b 0.01 0.02 0.03 0.04 0.10 0.25 0.44 0.77 0. 1,09 1,98 � �96 0.271 0.06 Ol 0.001 0.00 0.00 + T + + + + + + + '+ +! + + + + + + + + + + I + + + + I+ + + + 0,02 0, 5 8. 4 3,07 1, 0. 0.31 0.16 0.07 0,0.3_ 0,02 0.01 0.01 0.00 0.00 0.00 0,00 0,00 0,00 0.00 0.00 04 0.01 0.02 0,03 0.04 0.10 0,25 0.43 0,78 1.1 1,18 2.06 05 0.32 0.05 Ol 0,00 0.00 0.00 + + + + + + + + + + '+ + + + + + + + + + + + +: + + + + + + + + + + + �+ + + + + + + 0.02 O. 7 5. � 8 ,14 2.75 l,5 1. ` 0, 0.30 0,16 OA7 0�03 0.02 0.01 0,01 0,00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.3 0.01 0,01 0.02 0.04 0,10 0,21 0.40 0.75 1, 1918 �o 1�3 �, I9c4+o2,25 0.14 04 0.00 0,00 0.00 + + + + + + + + + 1+ + + + + + + + + + + + +i + + + + + + + + + THIS I SIRE + SB + + I+ + + + 0,01 0. 17 1. 92 .3 1.96 1.47 1.0 0, 0.33 0.16 0.06 d03 0.02 0.01 0,01 0.00 0.00 0,00 0,00 0.00 0.00 0.00 0,00 O.Ob 0.01 0.02 0.03 0.04 0.11 0.22 0.42 0.81 1.5 1.66I5.92 �. 1 2.46 0,16 04 0.00 0,00 0.00 + . + + + + + + + + + + + + + + + + O► OFF+ I `+ + + + + + + O.Og 0. 5 g 0. l 2. 1,40 8 .99 0.03 0.02 0.01 0,01 0.00 0,00 op 0.00 0,00 0.00 0.00 0.00 0,00 1.4 1. 3 15,15 �. I43 1.83 0.18 0105 0.01 0.00 0,00 + + + + + + + + + + + + I + + + + + + + 0.0 01 0 49-2, 2 2.14 1. .5 02 0.0 0.25 0.45 0.79 1.3 ,75 2.79 19 0,95 0.08 C�01 0,00 0.00 0.00 + + L + + + + + + + + + + + + + + + + + + + + + �+ + + + + + + 0.02 0, 19 6. .50 2.58 1 111 .5 J. 3 .02 M 0. 1 .00 0A 0, 0 '00 0.0 0, 0 NO 0.0 0. 0 .02 0. Or, 0.14 0.22 0.83 1. 1 2.14 1, 13 0.38 0.08 401 0.00 0.00 0,00 + { + + + + + + + + + + + + + + + + + + + + + + + + + + + + + 0.02 0 .�O 7. 49 ,6 2.63 0 1.13 ,5 0 0.16 0.0 3 .02 6.0 0. 1 '00 OA 0, 0 .00 0.0 0. 0 ,00 OA 0. 0 .00 0.01 0. .02 0.0 1. 2.03 13.83 `#, 2 2.27 0.14 0�04 0.00 0.00 0.00 + + + + + + + + + + + + + + + + + + + + I + + + + + + + 0.02 0. 7 3 .0 5, 2.53 1 1.08 65 2 16 0.0 3 .02 C.4 0. 1 .00 0 0, 0 0.0 0. 0 .00 0,0 0, 00 0. 0. 00 0,0 0. 1, 1.6 5.82 33 2,59 0.20 0105 0,00 UO 0.00 + + + + + + + + + + + + + + + + + + 116 + + - + + 0.01 0, T�, 2. 7 1,47 1,03 5 5 018 Q.0 .02 0,0 0.1 .00 0, 0. AO 0, 0.0 .00 0. 0 .OQ 0. 0. ,00 0.0 0, 1,4 I5.4� �. 194 2,29 0.21 O�5 0,01 0,00 OAO + SIDE + + + 26'f0" 11I� x 6'-0 WI E+ + + + + + + + + + + + + + + + I + + + + + + + + 0.01 0. 8 1. 0 36 1.98 SC� D . 4 016 0.0 102 0.0 0. IFo �00A 0 � 0LOFI .00,0 0, 0 .00 0.0 0. .00 0. 0. .00 0.0 0. 1, 1,84 13.11 4, V9 1.42 0.10 A2 0.00 0.00 0.00 i + + + + + + + + + + + + +E FIE + + + + + + + + + + }� 0.02 0, 7 5. 6 8.1 2,77 5 1.13 k . 0 0,15 0.0 3 .02 10.0 0. 1 '00 OA 0. 0 .00 0.0 0. 0 .00 OA 0. 0 AO 0,00 0. .00 0'0 1, 1.13 12.05 � 03 0.34 0.08 0 2 000 0.00 0.00 + } + ++ ++ ++ ++ ++ ++ ++ + + + ++,+ ++ 0.02 0 �5 8. �.1 8. 3+01 4 1,15 '5 . 0 0.16 OA 3 .02 0.0 0. 1 .00 0.0 0. 0 .00 0.0 0. 0 .00 0.0 0. 0 00 0.00 0. 00 0,0 0. 1.3 1.81 2.+ 4, PO 1.15 0.09 0�01 0.00 0.00 0,00 + } + + + + + + + + + + + + + + + + Ep + + + + I + I+ + + + + + 0.02 0, 16 38 4, 5 2.62 1.52 0.5 .00 0.0 0. 1.4 1.81 5.81 71, 18 I.+ 0+ 0 5 011 0.+0 0,00 + i + + S KI + + + + + + + + + `w + + 4 + + + 0.01 0, 16 0, 2. 4 1` 7,.9 .5 0,33 0,16 0.07 0.03 0.02 0,01 0.01 0.00 0.00 0.10 U10 0.00 0.00 0.00 0.00 UO 0.00 0.00 0.00 .00 0.0 0. 1.5 1.72 I6.15 9. P3 2,35 0.17 0 4 0.00 0.00 0.00 + -+ + + + + + + + i + + + + + + + + + + =4' + + + + + + + + + + + + + + 0.01 0. 13 0, .02 .3 1.37 0.97 0.93 0.35 0.16 0.07 .04 0.02 i 0.01 0.01 0.00 0.00 0.00 0.00 0.00 0.00 02 10.00 0.0 0,00 02 0,00 NO 0.0 0. 1,3 2.06 1I4,05 t8 2.21 0.14 0 4 0.00 0.00 0.00 + + + + + + + + + + + + + + + + + + + + + + + + + + + + R�P I + + I+ + + + 0.02 0. 9 2. 0 3, 2.16TR4i Q. 0,29 0,15 0.06 .04 0.0 0,00 000 0,00 .00 0.0 0. 1.1 1.20I2,12 6 1.4 0.41 0,08 0.2 0,00 0.00 0.00 0.03 0 .14 6. 5 2.61 1.49 0.4 0.28 0,14 0.06 A3 0.0 0.01 0.01 0.01 .01 0.0 1. 1.65 2,60 p7 1.01 0.10 0.2 0.01 0.00 0.00 + + + + + + + + + + + + + + O + + + 1 + I + }{ + + I + + + 0.03 0. 15 7, 8.01 A 2.64 1.43 1.00 0. 0.03 i i 0.0 0.03 0.03 0.0f , 4" w 1. 14.40 J. .96 2.85 0.25 0. 6 0,01 0.00 0.00 + + + + +g + + + + + + + + + + + + + + + + + + +1 %, + + + + + + + + + + + + + 0,04 0 13 8 3, 4.59 4.3 ,1�� j.30. 0.23 0,12 0.06 04 %0+ � 1: 0.05 0,06 O. 0.16 0.29 0.31 9 0.11 0.09 ;� 0.1 0'11 0.11 OA9 l� U.l 0.19 0,33 0,67 1.40 1 2 14,90 �, Q.1 4.44 0.24 0. 7 0.01 0.00 0.00 + + + +Y + + + + + SID + + + + + + + + + + + + + + + + + + + + + + + + + 0,04 0.08 0. 0.6 1.01 0106 �173p 3�E�9 B,# 0.33 . 9 0.39 .28 0.1 ' 3.51 .130 3. 0.25 0. 7 0.02 0,01 0.00 + + + + �+ - +- - -- - - - +- - + + + I + + + + 0.03 0.10 0.24� .54 1.05 1.29 1.02 0.82 0.61 0.40 0.29 0,23 0.21 0.20 0,19 0,25 0.43 FIRE .36 1. 1.59 0.59 0.54 1.10 1.38 1.42 1.55 1,37 1.38 0.80 0.37 0.33 0.46 0,71 1.04 1.05 1.57 2.15 1. 1 0.491 0.13 0.03 0.02 0.01 0.01 +++++++++++++++++++++++++++++++++++++ ++ +++ NE 0,04 0,10 0.34 1, 1.62 - 57-�1,74- 3-0,. 1 0.67 436-4. 33- . 68- &4 33 0,14 0, 6 0.02 OA1 0.01 + - + •+ , +, k + + + + + + + + + + + 0.13 '21 0.57 1,8 ` �7 3,44 2,99 2.14 1,06 1,NA2,�4 2.98 3.79 178 3.01\AV 2.02 2,9 5 A 5. 1,59 11, .22 1 8,11 5 ,98 0 0 1, 4 1 5 �51 5 1.14 0. 6 0.32 017 0.07 0.02 0.01 0.01 + + + +I + I + + + + + + + + + + + 'd + + + �aa + + + + + + + 0.19 43 0, 1� 4.87I 7.53 5.30 2.40 3 2.73 6.67 9.14 10. 10. 9.21 6.98 3.7 7.1 9 `a 8. 1.82 ��7.01 1 13.0 5, 1.18 c �ARKlNG iioR 1.10 1.91 0. .60 0.37 0.16 0, 5 0,02 0,01 0,01 + + + + + + + + + + + + + + f '� + + + + + + + + + + + + + + + � + + + + + 0.23 1, 2 9.14I 1 87 3 3 3.36 8.5 15. 22, 22, 15.4 8.80 4.14 4,5 9 7j 1, 1.64 99 1 . 12.9 5. 1.17 0, 2,10 5. 4,22 1. 8I8 0,53 0.15 0, 5 0,02 0,01 0.01 + + + +I + I + + + + + + + + + 1 + + + + + + + + + + +o + + +o + + + + + + 0.21 1 3 16 12.7 5 8 8 4.09 10.6 20, 3 \20.9 10.9 4.6 6.6 7 d 8 2.19 >I .17 8. .33 5. .87 0, .49 8, 6.30 2. 9f 0.37 0.13 0.113 001 0.00 0.00 + + + + + + + + + + + + + �+ + + + + + + + + + + + + 0,20 1 3 109I 5 1 6 2 .97 10.0 20. 33. 33, 20.4 10.2 4.2 3.1 4 � 3, 1.22 A 3.68 3.7 .4 3.57 3,4 0.69 0. 3.11 1 .7 9.56 1. 6 0.32 0,13 0. 3 0,01 0.00 0.00 + + + + + I + + + + + + + + + .a+I + + + + + + +� + + + + + 0.24 11.8I .5 .9 5 , 5 .30 8, 15. 18. 18, 15.3 8.62 3.3 1,8 2 1 3 0.79 Q 1.54 1, 1,52 1, S3 0 .74 8 .83 2 93� 0,35 0.13 0. 0,01 0.01 0.00 + + + + + + + + + + + + + + + + + + + + + + + + + + + 0 22 1R 5.34 � 09 9 5 9 .71 613 1.9 9,81 9.7 7.90 6,04 2.4 1.1 1 Ot 2. 0.89 d 213 2, 08 2, 62 0. 65 7, 5.31 1, 97 0.55 0.15 0.0 0.02 0.01 0,01 + + + + + ( + + + + + + + + + 13+ + I+ + + + + + + + + + + + + + + + + I + + + + + + 0.18 0 1 3,22 4 4 .3 .4 1.59 2.90 3.5 4.2 4.2 3.41 2.90 1.7 1.1 1, � 2, 0.93 j 41 5 .30 4 79 0 .35 3 .27 0 .62 �0.39 .16 0.0 0,02 .01 0.01 + + + +1 +I + + + + + + + + ,+I + + + + + + + + + + + 0,09 0 2.18 I 1 9 2 8 .73 3.3 4,10 5.19 4.9 4.04 3.34 2.1 1,8 3 3' 0.96 7,30 1 , 38 6. 1.17 0. 2.48 3, 1.93 l 57 b 31 .17 0.081 0,03 .02 0.01 +++++++++++ + + + ++++++ +++++++++++++I+++++ 0,08 0�85I 3 3 0 6 .83 7.64 10.3 11.5 11.0 10.2 6.99 3.1 3.1 561 6. I. 4 .12 1 . 12.9 6. .33 0, .15 4. 47 1. 71 �132 16 0.09` 0,05 0 3 0.01 5 + + + + 0.09 0 7�3 73I t 2 4 2 3,19 9.22 5,6 5, 4,6 152 8,21 4.0 1,0 Sl ,0 1, t 7.14 14.5-j 93 11.8 6. 1.21 0.91 UL233 8. 4 .59 LIP 68 019 0 4 0.07 1 0,04 0. 3 0.02 + + + + ``+ + + + + + + + + + + II + + + + + + +� 0.09 5�4 1.71 I 5 6 6 6 4,04 11.3 24, 4 19.4 10.7 4,5 4.6 1 ,0 7. L664 P. ,14 6 .78 5 .88 0, .35 .92 1 61 0,2� 0. t 0.06+ I0.+03 0.0 0.+01 + + + + + + + + + + + + + ! I + I + + + + + + + + + + + + 0.20 3 3.42 3 4 3 6 3.87 10.2 214 32.7 29.9 17.7 9,44 4.0 5.94 7 1 8, 2.09 )I. 3,18 3. ,97 2. .66 0. 29 8, 20 1. 54 0.2d 0.0 0.05 .03 0.0 0.01 83 BUS PARKING 0,29 111 6.54 7.54 5 4 1,64 3.22 915 14.9 16.5 15.9 14.9 7.93 3.17 1.15 d. .64 1. 63 1, .58 0. 07 7. .82 1. 48 0.17 0.0 0.05 0.3 0.02 0.01 + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + 0,34 0 13,3 14.0 7.15�92 2,09 2_58 5.69 6.82 9,17 8.51 6.87 �102,39 L40 233 2J0 L76 1.07 }, 1+5 2. 2,55 1. 93 0, 1.64 3 57 .64 0 9 0.35 0.10 0.04 0.03 002 0.01 0.01 + + + +I + + + + + + + + + I + + + + ++ + + + + + + + + +� + 0.31 6 3 1 7.37 3,05 1,63 1.26 1.93 2.18 2.70 2.62 2.09 1.74 0.90 0. 1.75 �. 1 2,66 .05 3. 3.40 2. 93 0t3O,.+74)61 218 1.63 OJ 0.52 0,17 0.04 0.02 �.01 0.0 0.01 01 FIRE LANE 0.31 8 ,1 1918 9.5 .32 3.03 1,45 OL5 0,53 0.64 0.61 0.60 0.58 0.42 0.31 0.23 0,77 1 0 1.93 .59 458 6,89 1 103 4, 117 54 0.59 0.57 1,18 11 0. 0. 0.14 _N&- r33 0.02 Ol 0,01 0.00 0 0 + + + + + + + + --- +-+ - ---- - + + + + + + + + �+ + + + + + + 0.35 9 0 12 8 3.8 .93 2.79 1,I"Ifi� 0.70 1 2.21 26 3.19 .63 l 05 .10 3. 8 0.14 0.27 0, 0. 6 / . __+ 111 0.07 U4 0,02 1 0 00 0.00 0.00 + + + + + + + I + + + I + + + + + + + 1 + + + + + + + + + + + 0.32 1 4 .1�4 6.$1 .49 4.05 I1.65 0. 5.1 6.30 .52 2. s 0 4.1 3.01 1.64 0. 4 0. 9 0. 7 -E:21' 0.20 0.13 0.0 4 0.03 0.01 0.01 0.00 0,00 00 0,00 _ i �__-- + + + + + + + + TRANSPORTATION CENTER + � + 0.28 6 4 I6 3. 8 .73 .84 I1.54 0.� 6.10 9.40 .43 191 1.47 1.28 0.+9 7 + .21- '611 O10 0.11 + .09 005 003 0.03 0,0 _0�00 + + + +I 4 + + I + + + + + + + + �' + + + + + + + + �+ 025 2 1.18 .98 .14 1.44 0. 1 4.27 6 7.66 I ,42 1.54 6 �1.34- 0.18 0.09 0.07 0.07 0,08 0.07 0.05 093� 0.02 + + + + + + �+ + + + + + + + + + + + + , + + + +, + + + + + + + _--- 0.40 2 l� 43 1.73 .03 )2.06 1.79\ 1.39 L43 165 1.69 1.50 .3 1, 3 1. 9 + 1.37 1BI 295 175 1.20 0.91 0-5 -0 32 023 ^ ?2 0 04 :. _ : 4 + + + +I +\ + + + + + + + + + + + + + +; + + + + + + + + + + + + 0.31 . 7 2 2,T 1.80 1,29 -_1.6 2.01 1.88 L22 1.20 1,75 1.79 1,34I 1.11 1.73 1.86 1,31 0.6 0,47 0 1.31 .85 0,K 0.52 0.37 0.25 0,08 0,04 0.03 0.002 -0.02 0,02 0,02- 0.28 9 1,57 2 L84 __m 1.52 26 122- L15 -I18_2.26 0-1.391 0 �17 1 i� �31 _0,511 0.29 0, K 0.39 0. 6 0.16 011 0.07 0.030.01 0.01 + + + S+ + + + + + + + + + + +%-x\+ + + ✓ + + + + + + + + + 0.15 0.25 0,46 0.48 0.60 0.49 0.54 0.58 0.57 0.46 0,45 0.56 0.58 0.46 0.41 0.62 0.52 0.39 0.16 0.1 J0.2 a 0.22 0.21 0.15 0.10 0.01 -05 0,02 0.01 + + + + + + + + + + + + + + + + + i+ + + + + + + + + i 0.03 .0.05 0.04 0,06 0.08 0.10 0.07 0.04 0.03 0.05 0.04 0.01 0.00 0.03 0.03 0.4- M 0.01 0.02 0.0 4 0,06 0.07 0.10 0."- 0.05 0.04 , - + b + + + + + + + + + + + + + �+ + + + + + + + + -+ + 0.01 10.02 0.02 0,03 0.04 0.04 0.03 0.02 0.02 0.01 0,01 OA1-4.00-0.00 0.00 0.00 O"" - 0.00 0.00 0.01 0.02 0.03�06 0.05 0.04 i i LIGHTING PHOTOMETRIC SITE PLAN 1 "=60'-0" JAMS Ho CASTES 7EKAS per. 1300M KK_M_KN RED'D JAN 2 0 2000 JAMES Da MCCLURE T5KAZ Pm 30600 KK_K1K_KX Estes, McClure & Assoc., Inc, 3608 hest Way Tyler, Texas 75703 903-581-2677 CT) a) r o o -,I- m CD U Z o o I w W 3 Q C _ J v -1 : N r �- � O� �•J J 0 0 U � Q Cl) w Z u� Y LL1 V a z w = LLJ � Imm Ul � a °n 0 z J J cc 0 cm) -I ARCHITECTS I ENGINEERS SHW Group Inc SHEET NUMBER IJ r 9,Ob CONSULTING ENGINEERS SET NUMBER 0 1999 SHW Group, Inc. HAND HOLE SQUARE ANCHOR NUT COVER VERIFY 1" LARGER THAN BASE PLATE I I v I v I FINISHED GRADE 2' 0" OR PAVING ° - I ° I I I v I I v v I 3/4" PVC CONDUIT DUIM w ME WEEP--HOLf--tt+--G-ROt EYSIMO ,0• Us- --GROUND LUG GROUT ° ANCHOR BOLTS TO BE SUPPLIED BY MANUFACTURER OF POLE RIGID STEEL CONDUIT v v v p p v ° I I WIDTH AND DEPTH TO BE DETERMINED BY STRUCTURAL p-------I ENGINEER v I v I v I i I 1 p v I 1 I ° I �I ° WIDTH AND DEPTH TO BE DETERMINED BY STRUCTURAL ENGINEER POLEBASE DETAIL N.T.S. SUBMIT POLE BASE DRAWINGS TO STRUCTURAL ENGINEER FOR APPROVAL. NO. 10 COPPER GROUND 10' X 3/4" COPPERWELD GROUND ROD ALL WORK INCLUDING CONCRETE, REBARS, BASE PLATE, ETC. TO BE PROVIDED BY THIS CONTRACTOR --------------------- EJOSIYO IT U.E txs rc ,Q LLL 004 008 Q 17 0.15 O.Z2 0.11 007 007 001 008 007 0.06 004 0.04 02 02 02 002 003 003 A 002 02 02 002 002 0.12 003 003 002 02 0.02 002 02 02 002 0.13 003 002 02 02 0.12 002 0.02 012 003 03 02 0. 2 p1)0'O� 0 00 b.OQ A 0.00 0. 0 - - - 00� -� tt- t�:3t �:6t 5t 0:�7 0 t4 fi lfr 26 O81 0.43 0.40 0+ 1_- .S2 0.Z5 0.13 0.U8 0.19 0.1 D 0.1{3 ' 0.14 0.13 , 012 ` 0' 09 4.0'1 �06 ' 0.09 0;101 .13 Ot 14 .15 b. -2 ': 0.09 007 d 06 D.09 ' 0.1 y 1i4 .15 015' d.13 .1b '018 A7 0.09 011 0.14 0.15 0.14 012 0.09 b.00.01 �.Ilo 0.0 0.00 0.00 0.. d 4 A O _ ____ _ ------------------------------------ - - - - - - - - - - - -- - - - - - - - - - - - - - } { } - t tt t t t t t t 0.06 0.18 0.69 1.62 1.65 0.14 0.49 0.49 1.00 1.48 1:85,2 13 1.12 1.03 1.10 0.44 � 0018 009 0 81 089 0.87 0./1 003 029 018 0.58 009 0.81 0 89 0.87 0�0 003 0.28 018 0.59 0 64 0.86 0.97 0.94 0.26 008 0 29 0.19 0 40 0 64 0.87 0 97 0.93 0.25 006 Q.25 0 0�1 0 03 O1 0.0 0 00 0 00 0.19 O.Z7 001`- _T#13- 1-16-: T -- .S 5.11 5.89 7.90 fi.48 5 3 '1.1 0.62 1 8 2.61 0.61 2.55 2.60 0.61 2.�4( . 2t 0.64 1 005 .01 0.0 0.00 0.00 +I + + + + + + + + + + +++++ -{ { L___,# } + } t 32 { 32 32 32 { 32 32 2 { 32 } { t } { I 0.24 0 1_tZ i.89 4.1473 `�u 081 1.91' 4.53 11.E 15.2 14.1 15.0 12.4 5.40 11 5 1.07 2.7 802 8.58 1.15 805 8.35 1.08 8.92 8.73 1.15 2. 1I7. 1 8 5 11. 9 517 ,.74 0.3 0.06 .01 0.0 0.00 0.00 tt { + t } { } } 0.13 08-217 20k^.94 '1.1 ;4.8; 246'+4-t.11 74.1 3 .Al27.15.0 600 2 8 1.39� 15+3 .1 11.9 6. 1.61_341 '1 15+3 .9 14.9 Z 1.53 14 1 18 1.60 346 10+3 15+5 25.9 20.9 1174 �.07 00 008 02 0.14 0 000 0.00 } t } } I 0.21 0I7--t.46 A $. r3., 1+6 2�9 TV3 1f- f l 1 1.64� 2�0 16.5 1./6 2�5 16.1 1./0 1 2�3 16.1-(�� 1.+17 2�8 1 16.2 � 61 00 A O2 0.0 11 0.00 0.00 20 0.}4 o+�1 17 2 G7 9.1 :91AquR 2 206! 5.15 11.8 20.5 2 9 24.1 1 2 590 2 3 1.07 21.9 1b 5 1.26 . 2 2 1�9 1.69 . 24.4 .1 16.2 3 IN 218 15.7 �06 005 0. 09 :12 0+04 0.00 000 0.27 0. 8" 2 14�.Oi d j0 ; 2 6 1, 31 4+Sf� t�. 11 11.5 ;11+6 i 11 0; 01 Q 3 1.Z7� + 1 1 2 2 14.9 1 1.66 1 �2 8 � 1 49 15+.1 + 1 9 � �- 5 1. 4 + 1 .1 1 8 Z12 0.0 0.09 02 0+0 000 0.00 0.15 0+�5� 7 2 1 3.8'9 2.99 j�.b0 j 4fi 4�0/` 4. 6 5.i0 41Z� 1 8 0.99 8.20 8.09 1 17 1 8.14 1 806 1 12 4 102 4 7.13 1 15 7.56 7.169 j15 0.5 0.06 OZ 0.0 O.UO 0.00 �-{ {_{ { t j t i �E i : 1 J { { 015 0I1 52 2.37 2.3 441A;uR� 31 0.68 0.96 l/Z9 1.67 1.86 1 11 1.45 1+01 0 0 00� 45 2.02 2.69 7 0.67 1 4 2.Ofi 6 2.68 4 0 64 1 3 2�9 18 2.65 1, 0.14 -1. 5 2 81 4 -Al8 2.53 1 b.00 O.Z 0.06 O1 0.0 0.00 0.00 I + t �� t t t t t + + + + + + + 919 011i--4*96 2.4k .53 1.tly 012 10151 00��11 1.6i 1. 8 ;1.ti5 1;29; 0.9$- 7 0.+5>� 0. 9 1. 2.01 2. 9 2.1 1.00 1. 900. 0.45 0. 3 1. 202 2. 9 2.1 1.+17 1. 1 0.6 0.43 0. 9 1.4 1.06 .18 2.1 1.25 1. 5 0.6 0.44 0. 0 1.4 1.07 2.18 2.1 1.23 1. 1 �.18 0.16 0.06 p.01 00 000 O.UO �+ t +I + i i+ i I �� i I32 + 32 + 32 32 + 32 { 32 t 32 } 32 t 32 } 32 + 32 16 + I + + i + + ( 3 O fr t1-:/7 2.11 �5 ii i 2` 9 4.55-iS 4.851 4 1 4 0� 4.15 4 3.95 0.85 1 4.11 3.94 0.82 4.14 3.94 0.85 4.16 392 1.10 00q 0.05 .02 0.0 0.00 0.00 O.Z7 0:21 202 4.Z6a4�0�u10 1.87 4.Z9`9.93 11.4 12.4 11.4 17 5.03 i 8 1.01 . 11.5 1U.9 1 1.26 11.5 10.8 3 1.20 11.5 10.9 1 1.26 1 11.5 10.8 89 0.41 001 m.02 0.0 0.00 0.00 i' 408 CARS FUTURE I tt + + + + + + + }} } t + } + + }} + + t + } �t� + + }} + tt + + + + O.Z6 0 4 -2x 2 212 --91$ 7.1;6 14171 2;421 507--1�;1.5 19.8 28;4 2a.6 ; 1 b.4; 58 1 1.4� .1 17.1 .1 I tI5 1.69 11.4 11.5 1.63 1 L1 _ 7 i 6 2 1.69 17.4 1 5 �.Z7 008 0.08 .02 0.01 000 O.oO 0.23 0 *� t 0 2./j4 b 1 . i 8:� i ?�.b (� 1L �i � 1 1.56� 26.8 119 IN 21.0 1 /.3 + 1.22 } 26� 8 +3 1 /.9 � + 1.+19 -�+ 2� 0 - 1 � 3 + � 68 0.51 0.09 b 02 0.0 0 00 0.00 I tt �}}�� { it: ++ } 0.15 0r3--11,8ti 2 69 944'VIUF 23 2.s5 508~ 11 8 2a.8 3 2 2 .9 1 0 609 1 101I 21 4 4 1 .1 1.+13 21 7 d 14 8 1 1.67 21 4 4 1 .1 1.b 21 7 4 i 4.8 42 00 0.08 02 0.01 0.00 0.00 + + t' + + + } } + +� } }} } t }} } }} }} {{ + t 0.28 014 -t:66 2.'Iri.17 14.14 i 2.41 43 4.6Z' 42. i 11 14;7 1 �4 i 1 �71 5.4�rt 0 1.19� 13.9 1 S.1 1.68 13.9 1 � 6 1.63 1 15.9 15.7 148 15.9 1 S.6 1�.94 0.4 008 ¢02 0.0� 0.00 00O �" t I + t + { { t t { # { t t �+ { + �+ 0.25 0"$-28 2.Z4 1 I ; j �� 5"! ��I b�Tj -5,'k �� 1 6 0.911 . 5.93 . 5.90 114 5.96 5.92 1.00 5.93 2 5.90 1.02 5.92 2 5.87 40 0.54 0+6 .01 A 1000 0.00 +--}} tt tii� i it } Iti{ II tt tt �{{ I t O.�0:93 2.59 205 165 0�8 ON 11.1" 1.28 2.1: ,202 2. 9 1.13 1.63� 0 0 0.47 2.Z9 206 003 2.51 2.05 0 51 2.29 A6 000+200 1.29 , d.57 01 005 Q.01 00 000 0.00 44 FUTURE 31 ' 2 2 2 I 2 2 2 2 2 q2*;- 0.15 2 009 O�Q_ 17 2.49 -1. O [1113 ; 016 ; 0,1 1 11. l5 rt1131 '�.51 ;2.01 11.191 1;46 11.10- 2 0.4� 2.Z2 2.01 000 2.13 1 1.99 0.49 2.Z2 2.01-fi4O.S6 7 1.21 1.05 0138 0.1 0.04 0.01 A000 0.00 tt "-17 tt I : tt 11 + + + i + + 0.Z3 0 0.17 Z 1� iluiI5_T 1N- �.h 4t_��i 6�5 ,T4 0 �+fi1 1 6 A 5+60 5.49 1.00 503 5.15 0.96 5.60 5.48 6.S 1.51 O15 2.28 201 q�8 0.24 0.05 q.01 A 000 0.00 tt }\ i {{i 12.i ;•� ; 1tt tt+i 11 +' } ;+ + I }} }} t }} t t tt o.Z7 0. 13 21 4.35 405 2.15 11 3 4.58 10.1 11.6 12.5 11.6 1 9 5.09 1 �1 1.1 1 6 1 15.4 1.66 116 1 15.3 1.51 1 13+6 1 1 S.4 1.27 818 8 00 11.67 O.S� 0.06 O1 0.0 0.00 0 00 44 FUTURE I i tt �-t{ t t } �• }} } }} + I } 0.Z6 0.�4�Z.12 Zai0+ ;7.8 i4.5i 471 511 1 20.3 A8 i2;0 i,i.4 509^- 3 10� 20.7 i 0 1.14 Al 11.7 1.68 .4 2U.7 119 1.60 1512 � 14.8 �03 Q.64 009 02 0.0f 0.00 0.00 + + + i STATISTICS Description Avg Max Mtn Max/Min Avg/Min FOOTBALL 70.1 fc 86.6 fc 53.4 fc 1.6:1 1.3:1 North Parking 2.5 fc 10.1 fc 0.9 fc 11.2:1 2.8:1 West Field 7.5 fc 19.5 fc 2.5 fc 7.8:1 3.0:1 Bus Parking 2.7 fc 9.6 fc 1.2 fc 8.0:1 2.2:1 South S East Field 3.3 fc 11.0 fc 1.1 fc 10.0:1 3.0:1 O.Z3 00_1.48 2./p $. I 13 d.S 1$�3.i41 1 2 4 10� 26t9 18.0� 1.80 27.2 .2 11.4 1./2 26.9 1tl.0-9� 7 1.26 22 15.9 208 OS 0.09 02 0.0 000 000 {t { } t}.� ' { �-- + } +T+10. { } } + t + }. + } + + + +++t+0.Z5 O.. 1-1 �9, 2.70 10.Q,a 1b,A50 3.62 7.09 15.3 2 5 33.4 2 8 1 .1 61.1 2 4 10� 1 /.9 t 4.1 1.11 3. c 18.1 26. 14.5 7. 1.64 Q, 10. 1 /.8 2 14.6 -1 1.79 4. 2 11.1 2�.5 39.3 31.3 160 �10 0.6 0.09 �.02 0.01, 0.00 0.00 0.18 O.�l,�U� 2 1rj.16 5A8 ; 4 01 14;68; a0G �.>i 16.3 :16+;1 ;1 Si.91 1t.8; 502-- 2 1.12 6 11.2 1 t 11.4 1.t8 3. 8 1 �0 1 + I + 6. 2 1.Z1 88 11.0 12 1 11.3 2.1 1.45 1 10 2 1 .4 0. � 4 2�06 0.65i 0.08 4.02 0.0� O.UO O.UO I t { e t t C� t� �- t 0.27 0.�4-1�11� 21 ;. 14.84 i 1j1Z1 1!�� 6, 9'` 1 3 0.94 + 4.5 4, 6. - 4.11015 1. - 4.525+3 409 2. O80 - 3 6 4.Z9 5. 4.10 1_t1 1 10 84 7.21 8.68 11.0 9. 7 8_46 5.+50 1i.+14 006 01 O.Op 0.00 0.00 0 14 0 �-E+79 2.14 3.03 3.Z3 417 8.54 8./9 9 10 10.0 'S}I2 414 300ll 0 9 0 63 181 216 2 01 2. 115 1 48 0.53 0. 1.4 1,��E 1.6 181 1.Z0 0. 0.43 O.Z9 0.6 11 1.65 1. 181 i.Zi A 0.10 0.13 i. 1 2.64 3.04 3 81 301 297 2.20 Q.91 0.24i 005 0 01 0.00 000 0.00 47 FUTURE 017 0 �---0-�t 1 211 1.15 I . 11.64 ; 2191 2.39- 43i 2.40 Il .tly ;1 �7 ; 1;46; 0.6�- �7 1.02 1.42 10.96- . + +� + + '+ i3 1.az 1 � 0.04 J.+01 0.0� 000 o.ao + tt ° i i i i i � t { HOM SIDE t\ t + + + + 0.7 0.15 O.Si b�.59 �Oj 1 T� i.f.81 0.�.3��45 �. 0 5. 6.14 6. ; 2:�7 ..1 6 0. 6 0.43 0. 5 0.1 007 005 0.05 005 0.05 0�4 485�`03 �1 0.03 0 .04 0.05A01 5 0. 5 0. 6 0.10 0. 2 0. 4 0. 7 0. 7 0.7 1.Z4 �. 61 0.1 0.04 d.01 O.Od 0.00 0.00 t t t �� 0060.100.16 0.210.140.Z80.440.600050.640090.420.130.150. 69. t t� t l + + + + + + + 4 818 208 1 49 .09 0. O.Z8 014 0. O i 3 002 0. 2 0 1 0+ 1 0 01 0.01 �02 0.02 0.03 0.04 0.07 0 11 0.+50 006 1. 1.6 12.68 4. 04 1.18j 0.09 OZ 0.00 0.00 0.00 t + + + + + tt + + tt + + + + t + + + + + + + + + + + + - + + + + + jl + I+ + + + 04 0.06 0.08 0.09 0.11 0.20 0.12 0.Z2 0.19 0.18 0. 0 0.20 0.15 0.06 0' 7 4. 1.11 2./6 1. 0. 4 ' 0: 1. 9 6.21 S 5 1.811I 0.17 0 04 0.00I 0.00 0.00 005 0. 9 0. 2. 2 94 1 � 1 1.5 1. 4 0. 40116...03 0. 1 0.01 0 01 012 0.04 A 019 0.�8 Q.25 119 114 ( 6.57 g. 68 1151 017 �3 0.00 0.00 O QO RETENTION4. 004 0. 18 0. 8/+36 1.68 1.12 1.0\ 0. ;03 O., 0.01 0 01 002 0.& 0.09 0.22 0.40 0+13 117 1.94 13.62 I+ 0 116 010 03 000' 0.00 0.00 LUMINAIRE SCHEDULE Symbol Label Qty Catalog Number Description Lamp Lumens LLF TSP 1500M CAST METAL ONE 1500-WATT CLEAR • N 86 GP24NFX BALLAST/SOCKET BT-56 METAL HALIDE, 0•80 HOUSING, SPUN HORIZONTAL POSITION. ANODIZED SPECULAR TSP 1500M CAST METAL SOCKET ONE 1500-WATT CLEAR M 48 GP24MFX HOUSING, SPUN BT-56 METAL HALIDE, 0 ANODIZED SEMI- HORIZONTAL POSITION, DIFFUSE TSP 1500M SPORTSLIGHTER ONE 1500-WATT CLEAR W 0 GP24WFX W/DIFFUSE BT-56 METAL HALIDE, 0•80 REFLECTOR, FLUX HORIZONTAL POS. MANAGER, CLEAR GLASS PREMIUM SQUARE AREA ONE 1000-WATT CLEAR I SA 8 KVE3 1000M R3 LIGHT WITH BT-56 METAL HALIDE, 0.72 TYPE 3 VERTICAL BASE -UP DISTRIBUTION. POS. PREMIUM SQUARE AREA ONE 1000-WATT CLEAR SIB 11 KVE3 1000M R4 LIGHT WITH BT-56 METAL HALIDE, 0.72 FORWARD -THROW VERTICAL BASE -UP DISTRIBUTION. POS. PREMIUM SQUARE AREA ONE 1000-WATT CLEAR SD 2 KVE3 1000M R3 LIGHT WITH BT-56 METAL HALIDE, 0.72 TYPE 3 VERTICAL BASE -UP DISTRIBUTION. POS. PREMIUM SQUARE AREA ONE 1000-WATT CLEAR SE 1 KVE3 1000M R4 LIGHT WITH BT-56 METAL HALIDE, 0.72 i FORWARD -THROW VERTICAL BASE -UP DISTRIBUTION. POS. PREMIUM SQUARE AREA ONE 1000-WATT CLEAR SF 2 KVE3 1000M R5S LIGHT WITH BT-56 METAL HALIDE, 0.72 TYPE 5 VERTICAL BASE -UP DISTRIBUTION. POS. PREMIUM SQUARE AREA ONE 1000-WATT CLEAR SI 17 KVE3 1000M R5S LIGHT WITH BT-56 METAL HALIDE, 0.72 TYPE 5 VERTICAL BASE -UP DISTRIBUTION. POS. 0.03 0. 9 3. .4 6. 2./6 1 7 .1 0. 0.31 0.16 007 A3 0.0'b 0.01 0.02 003 0.04 0.10 0.25 0.44 0.17 017 1.09 1.98 2 �96 0.17 0.06 01 010O 0.00 0.00 0.02 0. E 0Ut 5 8. 4 307 1. 0. t t� tt tt 081 016 007 Q. 2 0.01 0.01 0. 0 0. 0 0. 0 0. 0 0. 0. 0 Q. 0 0. 0 O.OU 0 01 002 0.03 004 0.10 O.ZS 0.43 0.18 1. 1 { 1.18 206 2 t 5 0+32 005 01 0.00 000 000 0.02 0. 7 5. t tt �8 i4 2./5 1.5 1 \ 0. tt 0.50 Oi6 001 0;,03 002 0.01 0 01 000 000 00o Q00 0 00 000 000 000 00 + + + + + I 00.01 0.010020.&0.100.210.400+151.518 s� �o�i 3 {{ � 4 2.Z5 oi4 0. 4 0001 000 0.00 0+01 0. .Ic7 1. 1 92 S 1.96 1.47 l U 0. 003 016 0.06 003 002 0.01 0+01 000 0.00 000 000 000 000 000 000 000 0101 002 003 0.04 0 11 0+22 0.42 0 81 1.12 116 i 5.92 9+ �2 46 0.16 0& 0.00 000 000 + 0.0 0. 5w0. Z + 1 2. 1.40 8 9 + + + + + + + + + +0 0.03 0.02 0.01 0.01 0.00 0.00 0. 0 0.00 0.00 000 0.00 0.00 0.0 1. 0o�� t 1.83F.75 1�. tt �43 1.83 0 18 0� 5 0 01 0.00 000 + g +_ + + } t ------------ ----------------------- -- - t--+-t--+--t- - t-i + 0 0 0 0 0.0 0. o . 9LX 0.02 0. 9 0 0��.02o 0.02 0. 7 0.01 0. T< sly 0.01 0. 8 002 0. 7 002 0 5 A 0. 16 58 rn o� CD o � m o z U z Y J `W- W Q ck: W J �t Q � � _ O 0 M O U U H N 1w J 0 0 2 CM) Cf) 1111111111111111110 z Uj G z LLJ clim W C z 0 W W CC �a W G Q H H Cl) W V Y a H J W I J E- H 0 Q Cl) 2.9 4 1190.t50.8 010.00.00.0 1 2.14 4�A13 0.68 0 08 0,01 0.00 000 0.00 {{ � c 3.83 d+ 1�2 2.21 0 14 0 04 0.00 0.00 0 00 �Rp 5' t �+ 3 209 O. 0 A 0.00 0.00 0.0Q O {SB 94 2.Z9 0+ 1 O�5 0 01 010 0.00 + + O� o� 3.11 �.4 J29 1.42+ 0.10 002 o.OQ 0.00 0.+00 1205 11LA30.�4008020100.000.00 219 6�O 115 0.09 0101 000 000 0.00 5+81 Alfj i8 115 0.19 0t5 0 01 010 000 SB 0.010. 1160. 2.4 Ystd�"'1'0 + 0.0 1. 1.+1216.151. 32�50+7040.000.000.00 0 0.30.160. 0.30.20.01 0.010.000.00.0O.000.000.000.00.00.00.000.00.0 0000 NOTES 0.01 0. 13 0. /02 S 1A7 0.57 0. 3 0.55 0.16 0.01 002 0.01 001 000 000 000 000 AO 000 000 000 01 0.00 000 000 00 00 0. 1,8 ROP 6405 2+21 014 0 4 000 0.00 000 9 2. 3. 2.45T�4 + m. 0.19 0.15 0.06 .04 i 00 000 do 0.00 .00 0 0 0. 0 1.15 1.�0 12.12 a 6 1. 4 0 41 0.08 012 AO 0.00 0.00 1. South Poles=120' (32 Fixtures Per Pole) 002 0. 2. North Poles=13W (35 Fixtures Per Pole) + 0.03 0 4 6. + + 5 2.61 1.4 + } + 0. 0+28 0.14 0.06 03 1 ' I + 1 0.0 + + + O.Q1 0.01 0.01 + + 0.0 { t 1. 5 1.65 3 + 7 1.01 + + 0.10 0. 2 0.01 + 000 0.00 3. Parking Lot--40' Poles-1000W MH .O1 12.60 013 0. 5 1. 801 N 2.64 1 43 1. 0 0 4 003 ' I 0.0 A 003 0.0�1 �'0b. + 1. 1 1 4.40 �. � 6 2.85 O.Z5 46 0.01 0.00 0.00 I L. LIGHTING i' _ PHOTOMETRIC SITE PLAN. 1 "=60'-0" Per' l !1 a RECD vl ,N 2 ® 2000 JAMES, kilo ESTES JQMEO 0. MCCLURE =1%3 poF_ 3021 =As G .F_ 305o 0 IEstes, McClure & Assoc., Inc. 3608 hest Way Tyler, Texas 75703 CONSULTING ENGINEERS 903-581-2677 UARCHITECTS ENGINEERS SHW Group Inc SHEET NUMBER OF E 9.Oa SET NUMBER 0 1999 SHW Group, Inc. 0o51wG '0' UL rn M rn o CD �m o o a� Lj z w Q Y z 0 o w LW 3 Q af J w ly 0 o 0:f II ! I RETENTION I /I \ � I�I I I V I I J i I 51 TOTAL I I I 1 / i 1 THI$ I SIDE I I / I ,; OP FF I n 10 / J � ' I g (1 6 �TOTAL SIDE '-d- G x WIE D1ORE\ 0 Cn FBCFlE TA <0 �■. I10,) f116 FIELD CD o W 8U$-PAR KING 1 , ► , I a - Cn W 8 TRUC G I I. � I UJ STATISTICS I I + FI D HOUSE I l I I _ I I J Description Avg Max Min Max/Min Avg/Min I I I Z W Z \ l VI OR 300�SEATS (BASE) UJ FOOTBALL 70.1 fc 86.6 fc 53.4 fc 1.6:1 1.3: North Parking 2.5 fc 10.1 fc 0.9 fc 11.2:1 2.8:1 —/ O FIRE LANE West Field 7.5fc 19.5fc 2.5fc 7.8:1 3.0:1 , ' ——""------'—------------� -- — -- _ 52 32 32 1 i0 � I Bus Parking 2.7 fc 9.6 fc 1.2 fc 8.0:1 2.2:1 , I I �� \' ( I ' i ` \ 14 I r I I ` 1 I M' •� ' I ( II ' 1372' CAR PARKIN' VISITOR I Z South & East Field 3.3 fc 11.0 fc 1.1 fc 10.0:1 3.0:1 ` • `\ 0 10 T .a LUMINAIRE SCHEDULE Symbol Label City Catalog Number Description Lamp Lumens LLF TSP 1500M CAST METAL ONE 1500-WATT CLEAR N 86 GP24NFX BALLAST/SOCKET BT-56 METAL HALIDE, 0.80 HOUSING, SPUN HORIZONTAL POSITION. 32 29 31 z� J I 14 ANODIZED SPECULAR II1I, /1 1 1 I J i TSP 1500M CAST METAL SOCKET ONE 1500-WATT CLEAR M 48 GP24MFX HOUSING, SPUN BT-56 METAL HALIDE, 0.80 ANODIZED SEMI- HORIZONTAL POSITION. I i IL) DIFFUSE TSP 1500M SPORTSLIGHTER ONE 1500-WATT CLEAR • W 0 GP24WFX W/DIFFUSE BT-56 METAL HALIDE, 0.80 REFLECTOR, FLUX HORIZONTAL POS. I \ 1 \ e3 BUS PARKING MANAGER, CLEAR GLASS ! J ' PREMIUM SQUARE AREA ONE 1000-WATT CLEAR I \ �— — — — — — /� < < S \ '` SA 8 KVE3 1000M R3 LIGHT WITH BT-56 METAL HALIDE, 0.72 I (\ ;� TYPE 3 VERTICAL BASE -UP 9 �� DISTRIBUTION. POS. I I I \ FIRE LURE _ PREMIUM SQUARE AREA ONE 1000-WATT CLEAR SB 11 KVE3 1000M R4 LIGHT WITH BT-56 METAL HALIDE, 0.72 FORWARD -THROW VERTICAL BASE -UP I I I I 1 I / , 13 DISTRIBUTION. POS. /I /1 TRANSPORTATION CENTER PREMIUM SQUARE AREA ONE 1000-WATT CLEAR SD 2 KVE3 1000M R3 LIGHT WITH BT�6 METAL HALIDE, 0.72 I ` I _ i , I I I i , / - - - - - - - - - I 12 i / >� TYPE 3 VERTICAL BASE -UP '- I . U I , ^ _ - DISTRIBUTION. POS. PREMIUM SQUARE AREA ONE 1000-WATT CLEAR SE 1 KVE3 1000M R4 LIGHT WITH BT-56 METAL HALIDE, 0.72 i FORWARD -THROW VERTICAL BASE -UP DISTRIBUTION. POS. PREMIUM SQUARE AREA ONE 1000-WATT CLEAR SF 2 KVE3 1000M R5S LIGHT WITH BT-56 METAL HALIDE, 0.72 TYPE 5 VERTICAL BASE -UP i DISTRIBUTION. POS. — b PREMIUM SQUARE AREA ONE 1000-WATT CLEAR SI 17 KVE3 1000M R5S LIGHT WITH BT-56 METAL HALIDE, 0.72 TYPE 5 VERTICAL BASE -UP i DISTRIBUTION. POS. i ARCHITECTS NOTES —ENGINEERSC4D _ ,,,, ��((jj�� ((//p��\\ �jj��Vy(/��'�� j�V(�j� II�� JAMS , Ijjl J/U�\M �(��y(�j� (�(/��_Ij�f I(jI Ijjl SHW Group I n c 1. South Poles=120' (32 Fixtures Per Pole) 2. North Poles=130' (35 Fixtures Per Pole) =A8 Po1Eo 31:09 2 1 7EQS p'E 309 ° 0 SHEET 3. Parking Lot--40' Poles-1000W MH LIGHTING NUMBER PHOTOMETRIC SITE PLAN Estes, McClure & Assoc., Inc. 9.Ob 1 19 =60'-0" 3608 West flay OF 9,Ob Tyler, Texas 75703 coNs��urc MOMSTyler, SET NUMBER te 1000 SHW rZrnlln Inr HAND HOLE SQUARE ANCHOR NUT COVER VERIFY 1" LARGER THAN BASE PLATE v I � ! 2'-0" FINISHED GRADE c OR PAVING a I I ° vP, I v I — 3/4" PVC CONDUIT I I I I ° I I WIDTH AND DEPTH TO BE p c DETERMINED BY STRUCTURAL ;--- - - - - -I ENGINEER � I ! 1 I v I I I ° I ° L - - - - - '_I an'" w uL ms� 10' Vi. -GROUND LUG ,, GROUT ANCHOR BOLTS TO BE SUPPLIED BY MANUFACTURER OF POLE � RIGID STEEL CONDUIT v p v v v v / N0. 10 COPPER GROUND WIDTH AND DEPTH TO BE DETERMINED BY STRUCTURAL ENGINEER POLEBASE DETAIL KL_1_a')N.T.S. SUBMIT POLE BASE DRAWINGS TO STRUCTURAL ENGINEER FOR APPROVAL. 10' X 3/4" COPPERWELD GROUND ROD ALL WORK INCLUDING CONCRETE, REBARS, BASE PLATE, ETC. TO BE PROVIDED BY THIS CONTRACTOR STATISTICS Description Avg Max Min Max/Min Avg/Min FOOTBALL 70.1 fc 86.6 fc 53.4 fc 1.6:1 1.3:1 North Parking 2.5 fc 10.1 fc 0.9 fc 11.2:1 2.8:1 West Field — Bus Parking South & East Field 7.5 fc 2.7 fc — 3.3 fc 19.5 fc 9.6 fc 11.0 fc 2.5 fc 1.2 fc 1.1 fc 7.8:1 8.0:1 10.0:1 3.0:1 2.2:1 3.0:1 r'r_ _ ' ( NI r{t 32 32 J 47 FUTURE 30 T U 44 FUTU'RE 13 - `3z 3z vi !' ; l ! i J 44 FUTURE k I I ' - � � 1 408 CARS FUTURE — t, s4-4 44 FUTURE � _ v i ----1- � i i� j y i i/ j i �! I. l i l i i i ! i I .i ;/ 1 i� t i 1 i; �- �i f j - t , �� t ; . i� _, ; _. _. _ �_ _ _ _ _ k 4 UkE i� _ �_ - I 131 28 6 _--T ,• l i t t j i�i /!�i ! r; :K I� r_�_-f--�--#--+---t--+---+---�-----;-�' \� 1 44 FUTURE n' I I I li,• i �.f �� j � l i i l j F. I � I ! i! I i{ ! ; i I j I!!;; 9 Ji ry ; LUMINAIRE SCHEDULE Symbol Label Oty Catalog Number Description Lamp Lumens LLF TSP 1500M CAST METAL ONE 1500-WATT CLEAR • N 86 GP24NFX BALLAST/SOCKET BT-56 METAL HALIDE, 0 HOUSING, SPUN HORIZONTAL POSITION. ANODIZED SPECULAR TSP 1500M CAST METAL SOCKET ONE 1500-WATT CLEAR M 48 GP24MFX HOUSING, SPUN BT-56 METAL HALIDE, 0•80 ANODIZED SEMI- HORIZONTAL POSITION. DIFFUSE TSP 1500M SPORTSLIGHTER ONE 1500-WATT CLEAR W 0 GP24WFX WIDIFFUSE BT-56 METAL HALIDE, 0.80 REFLECTOR, FLUX HORIZONTAL POS. MANAGER, CLEAR GLASS PREMIUM SQUARE AREA ONE 1000-WATT CLEAR SA 8 KVE3 IOOOM R3 LIGHT WITH BT-56 METAL HALIDE, 0•72 TYPE 3 VERTICAL BASE -UP DISTRIBUTION. POS. PREMIUM SQUARE AREA ONE 1000•WATT CLEAR SB 11 KVE3 1000M R4 LIGHT WITH BT-56 METAL HALIDE, 0.72 FORWARD -THROW VERTICAL BASE -UP DISTRIBUTION. POS. PREMIUM SQUARE AREA ONE 1000-WATT CLEAR SD 2 KVE3 1000M R3 LIGHT WITH BT-56 METAL HALIDE, 0.72 TYPE 3 VERTICAL BASE -UP DISTRIBUTION. POS. — PREMIUM SQUARE AREA ONE 1000-WATT CLEAR SE 1 KVE3 1000M R4 LIGHT WITH BT-56 METAL HALIDE, 0.72 FORWARD -THROW VERTICAL BASE -UP DISTRIBUTION. POS. PREMIUM SQUARE AREA ONE 1000-WATT CLEAR SF 2 KVE3 1000M R5S LIGHT WITH BT-56 METAL HALIDE, 0.72 TYPE 5 VERTICAL BASE -UP DISTRIBUTION. POS. PREMIUM SQUARE AREA ONE 1000-WATT CLEAR Si 17 KVE3 1000M R5S LIGHT WITH BT-56 METAL HALIDE, 0.72 TYPE 5 VERTICAL BASE -UP DISTRIBUTION. POS. 0s .a uL NOTES 1 I I � J RETENTION - I 1 � Rill, g IA ° 10 / I I i l TOTAL SIDE r 26 -d" IG x 6'-0 \( SCORE130ARD 16 ) J I\ \I SU!�'PAF\KING 1. South Poles=120' (32 Fixtures Per Pole) I I / �8 TRUc c 2. North Poles=130' (35 Fixtures Per Pole) 3. Parking Lot--40' Poles-1000W MH I I I LIGHTING oasnw 10' u.c ------- ----- ! ! I ! — — — — — — � —_-- — — — — — — � — — - - - — -- T I _� 32 32 32 1 X 32 32 32 1 /\ 14 I l 1 I 20 20 I ! I' •, 1"1 1 3 32 3 32 32 3 32 32 - 16 ! 1X(. I I"II ((1"1I 1 1I Jxl JX� J� 26 ' 28 26 26 22 22 I1 1 ' I .6 (► I� i 91 MAN IRE LE- f �1�HOME SIDE � 4500 SEATS (BASE) I,t moo I C I i I t t ; I t FJn$f!ry �a' JL I i :/1 ! i 51 ()OTAL { I THIP I SIDE I I I E ROP IOIFF d1 I �J FOC T4� CCEF FIE \ / I / IJ FIELD I II I ........ , 1II bFF _ J I FIE D HOUSE I �/ 'f'.PHOTOMETRIC SITE PLAN 1 "=60'—O" I j CD CD m o oz o w d Q J W a Of� _ o I 1 t t O O V _ X U) w Z Cf) W LLJ Z w = Uj �0 W Q ;i k J a a RECD JAN 2 0 2000 JAMS R CASTES JQMES Da MCCLU E 7EKA-S per. 30021 =GAS P.m 300 980 ' Estes, McClure & Assoc., Inc. 3608 West Way Tyler, Texas 75703 CONSULTING ENGINEERS 903-581-2677 ARCHITECTS ENGINEERS SHW Group Inc SHEET NUMBER OF — 9.Oa SET NUMBER ® iwu snw wmp, inc.