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1998-02-17 CC Packet ` T City of Southlake,Texas MEMORANDUM February 13, 1998 TO: Honorable Mayor and Members of City Council FROM: Curtis E. Hawk, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest for City Council Meeting February 17, 1998 Joe 1. Agenda Item No. 4B. City Manager's Report. Included in your packet is the financial report prepared by Finance Director Lou Ann Heath. If you have any questions, please contact her at ext. 716. 2. Agenda Item No. 5A, Authorize the Mayor to enter into a developer agreement for Southlake Church of Christ. This item is on the agenda simply because the Church of Christ is extending a water line to provide flow to the fire hydrant which will serve their facility. Because they are constructing public infrastructure, they are required to enter into a developer agreement with the city. The agreement on your agenda is a standard agreement, providing the protection the city needs (performance bonds, etc.) for this project. 3. Agenda Item No, 5B. Authorize the Mayor to enter into a lease agreement with the U.S. Army Corps of Engineers for land adjacent to Bob Jones Park. We have discussed this with the Corps of Engineers for many years. COE representatives followed our master planning process and worked closely with staff throughout. We are pleased to finally be at this point! The memo in your packet from Kevin Hugman, acting director of parks and recreation, points out the highlights. The attorneys have reviewed the lease and sent us their comments late Friday afternoon. We will attempt to resolve any issues prior to your Lmeeting. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest (4., February 13, 1998 Page 2 4. Agenda Item No. 5C. Authorize the Mayor to enter into a Commercial Developer Agreement for Stonebridge Park. Lot 2. Block 1. This developer agreement is unusual only in the sense that it is for one lot of a larger subdivision. The lot has been sold, and the owner is ready to proceed with development. Ron Harper's memo discusses the park fee issues. Note that this property owner will be required to go to the Park Board to discuss his option of paying $495.97 in fees or dedication of 523 square feet of park land (roughly equivalent to 3 1/2 parking spaces). You may wish to refer to the Park Board meeting minutes included in your packet for a synopsis of the discussion on the new ordinance. Park Board members appear to recognize the problems, however, they did not wish to pursue any ordinance revisions at this time. (ow Thus, this property owner will be required to attend the Park Board meeting on March 9 to discuss his options. 5. Agenda Item No. 5D. Change Order No. 1 with Saber Development's Huntwick Sewer Contract to include water meter station modifications at the 5 million-gallon ground storage tank at FM 1709 and Pearson Lane. During the construction of the Pearson ground water storage tank, the plans to modify the metering station were removed. This was done because disturbing the water system when the tank came on line, and the high summertime demand would have likely resulted in potential interruptions in service to water customers. This time of year, the daily demand is lower and thus a preferable time to temporarily interrupt water flow. The memo from Bob Whitehead discusses the specifics of the change order which are estimated to cost $27,500.00. This amount is provided for in the 97-98 CIP Budget as part L Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest February 13, 1998 Page 3 of the budget for the ground storage tank. Please contact Bob if you have any questions regarding this item. 6. Agenda Item 5E. Authorization to advertise for bids for the construction of a deceleration lane at F.M. 1709 and North Peytonville Avenue. The memo from Public Works Director Bob Whitehead recalls the arrangement between the City of Southlake and the developer of Southridge Lakes Phase C-1 Addition. Note that the city's portion of the cost of this project is $37,000. 7. Agenda Item No. 5F. Authorization to seek sole certification for water service to Oak Hills Mobile Home Park. This item is a follow up to the issue discussed with you in Executive Session last Tuesday evening. Your direction at that time was to pursue sole certification. Approval of this item on consent agenda will provide the attorneys the authorization they will need to proceed. 8. Agenda Item No. 5G. Authorize the Mayor to enter into a right-of-way dedication agreement for Napa Valley. Phase II. Recall from our previous discussions that the purpose of this agreement is to accelerate the acquisition of ROW for the intersection of New Carroll Avenue and Continental. Feel free to contact Director Last (x 750) should you have any questions regarding this item. 9. Agenda Item No. 5H. Approving a name for the Southlake Senior Center. The Southlake Senior Advisory Commission discussed a name for the new senior center at their February 10 meeting and have recommended the name of "Senior Activity Center." As noted in the memo from Nona Whitehead, community services coordinator, the use of the term "activity" is included in the recommendation because it will convey the idea that there will be a wide variety of programming available at the center. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest February 13, 1998 Page 4 10.Agenda Item No. 5I. Approving the Senior Activity Center Use Policy. This policy was developed to provide guidelines for operating the center once it comes on line. It is generally consistent with the park use policy and policies of area cities. 11. Agenda Item No. 5J. Authorization to advertise for bids for a Portable Sewer Pump System and Agenda Item No. 5K. Authorization to advertise for bids for Hydro-Storz Quick Connectors. Both of these items were included in the budget you approved for FY 1997-98. The specifications have been included in your packet for your review. 12. Agenda Item No. 5L. Change Order No. 2 to Mid-State Utilities. Inc. contract for Mission Hills Sanitary Sewer Improvements. To serve the residents along the east side of San Juan Dr. in Mission Hills, the sanitary sewer must be located within the existing utility easement in the back yards. Due to the existing ground water and recent rains, the area along the proposed sewer alignment is currently saturated. The wetness, along with the extensive amount of clean up necessary with open cut trenching, has led staff to discuss with Mid-State Utilities, Inc. the possibility of using boring technology to place the line. Directional boring will eliminate many of the problems with open cut trenching, and homeowners who have discussed this issue with staff have indicated their preference for boring because it will minimize the amount of disturbance to their back yards. The total estimated difference between open cut trenching and directional boring the sewer line as provided by Mid State Utilities, Inc. is $16,732.50. Please contact Bob Whitehead if you have questions regarding this item. 13. Agenda Item No. 5M. Authorize the Mayor to enter into a professional services agreement with Transystems Corporation for the engineering and design of the S-7 15 inch Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest (..„ February 13, 1998 Page 5 sanitary sewer line through the various fuel storage facilities along S.H. 26, This item was briefly discussed during your work session on February 10. As presented by Bob Whitehead, the private roadway which will be constructed by the fuel companies will provide us with an opportunity to extend our sewer line through this property. Your approval of this item will expedite the design and installation of the sewer in this area, and will allow sewer construction to occur prior to the construction of the roadway. Questions regarding this agreement may be directed to Bob. 14. Agenda Item No. 5N. Authorize the City Manager to enter into a contract to replace fences for Bicentennial Park Fields #4 and #5. SPDC and City Council recently authorized staff to begin the process of replacing fencing for fields #4 and #5 at Bicentennial Park. You will recall that the new fencing will replace the temporary fencing installed three co, years ago, and funds were included in the SPDC budget for this item. SPDC will act on this item on Monday. Note that the low quote was $14,770.00, less than the budgeted estimate of$16,805.00. 15. Agenda Item No. 50. Authorization to bid for contract mowing. As we did last year, we are seeking bids for contract mowing for rights-of-way, parks, trails and other city property. We hope to begin the mowing contract the first part of April. The contract will run through October 31, 1998 (the mowing season). 16. Agenda Item No. 7A, Ordinance No. 691. 2nd reading. Approving Retail Base Rate Reductions for Texas Utilities Electric Company. The memo from Shana Yelverton explains the purpose of the ordinance, passed on first reading by the Council at your last meeting. The rate reductions would be 4% for residential customers, 2% for general service secondary customers (primarily small and medium-sized businesses), and 1% for all other customers. Additionally, residential rates would be decreased 1.4% in 1999. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest February 13, 1998 Page 6 [Note: The following is an excerpt from my memo to you with your last packet, which addresses the depreciation shifting issue, and other issues raised by the "Steering Committee of Texas Utilities Electric Service Area Cities," led by Jay Doegey, city attorney for the City of Arlington.] Note that this ordinance is similar to the ordinances passed by the Cities of Irving, Fort Worth, Hurst, Grapevine and others. The City of Arlington has proposed a much stronger ordinance. We are not moving forward with Arlington's approach for a couple of reasons. First, the issue of depreciation shifting is so complicated that completely analyzing its impact on Southlake ratepayers would take a great deal of time, effort and money. For the (low purposes of this rate case, we are not prepared to make a recommendation to you on the depreciation issue. It is our belief that the assignment of depreciation is an issue best resolved between T.U. and the Public Utilities Commission. Secondly, the rate reductions currently proposed by T.U. are modest, but the reasonableness of the rates can only be determined through a comprehensive evaluation. Arlington makes the argument that no Texas regulatory authority has completely analyzed the situation. As such, they are using their ordinance to lobby the Legislature to take action on the depreciation issue and potential overearnings. We are not sure this is the appropriate forum to lobby the Texas Legislature on this issue, but if it is, we are comfortable letting Arlington carry it forward without us. Given the ordinances passed by the other cities mentioned above, it appears they agree with our approach. 17. Agenda Item No. 7B. ZA 98-004. Site Plan for the Village at Timarron. Phase II. There (161. are no unresolved issues with this request although there may be some confusion regarding Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest February 13, 1998 Page 7 the internal bufferyards for the project. During the review of the Phase I Site Plan, it is staffs opinion that the Council waived the required bufferyard between Lot 3 (Phase I) and Lot 4 (Phase 2), however the motion was somewhat unclear so there is a comment (5d) on the review letter to clarify the waiver. Additionally, the Council deferred the bufferyard on the south line of Phase I until the construction of Phase III. There is a comment (5c) regarding the south bufferyard mainly because the property line has changed between Phases I and III and we wanted to confirm the Council's direction regarding this deferred item. We will have overheads of the previously approved Phase I site plan at the meeting and elaborate on the particulars of this issue. The Planning and Zoning Commission recommended approval 6-0-1 subject to the site plan review summary. Feel free to contact Dennis Killough (x 787) should you have any questions regarding this request. 18.Agenda Item No. 8A. ZA 98-005. Plat Revision for the proposed Lots 2R and 3R. Block 60. Timarron Addition. Phase V. There are no unresolved issues with this request. The Planning and Zoning Commission recommended approval 6-0-1 subject to the site plan review summary. Feel free to contact Dennis Killough should you have any questions regarding this request. 19. Agenda Item No. 8B. ZA 98-002. Plat Showing of Lots 8-10. T.M. Hood No. 706 Addition. There are no technical issues regarding this request. There is some opposition from a neighbor opposed to the subdivision of the land. The Planning and Zoning Commission recommended approval 7-0 subject to the site plan review summary. Feel free to contact Dennis Killough should you have any questions regarding this request. 20. Agenda Item No. 8C. Ordinance No. 693 1st reading. Adopting the Uniform Building Code. 1997 Edition with local amendments. The 1997 Uniform Building Code establishes minimum standards for building construction. The sections pertaining to residential fire Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest February 13, 1998 Page 8 sprinkler systems have been removed at the request of the Fire Services Division until they complete their research regarding the residential sprinkler systems. After they have thoroughly researched the questions that have been raised, the sprinkler provisions will be brought back as an amendment to the code. Please see the attached memo from Billy Campbell for more information. Contact Bob Whitehead or Chief Building Official Paul Ward (x 755) if you have questions regarding this item. 21. Agenda Item No. 8D. Ordinance No. 694 1st reading. Adopting the International Mechanical Code. 1996 Edition with local amendments. This new code is a combined effort of the three nationally recognized code groups in the United States. The differences in the new code were discussed at length in committee meetings at the North Central Texas Council of Governments. NCTCOG's committee has recommended approval with the amendments provided in this ordinance. The proposed ordinance adopts the 1996 Mechanical Code with the 1997 Supplement which are amendments voted into the code by the International Codes Council. This code is then amended by our ordinance which in turn adopts NCTCOG's recommended regional amendments. Contact Bob Whitehead or Chief Building Officer Paul Ward if you have questions regarding this item. 22.Agenda Item No. 8E. Ordinance No. 695 1st reading. Adopting the International Plumbing Code. 1997 Edition with local amendments. One major advantage of this new code is that it recognizes different design approaches to plumbing systems and therefore Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest February 13, 1998 Page 9 tends to be more flexible. By permitting the use of venting systems, there is a potential cost savings of several hundred dollars in a typical residential installation. Contact Bob Whitehead or Chief Building Officer Paul Ward if you have questions regarding this item. 23.Agenda Item No. 8F. Ordinance No. 692 1st reading. Adopting the Uniform Housing Code. 1997 Edition with local amendments. The International Conference of Building Officials publishes the Uniform Housing Code to provide minimum standards for regulation and controlling the use and maintenance of all residential buildings and structures within the City. Local amendments to the code substitute our own procedures for abatement of substandard structures by the Building Official, and by the Building Board of Appeals. The BBOA met on January 12 to consider the new code and has recommended approval for adoption with local amendments. Contact Bob Whitehead or Chief Building Officer Paul Ward if you have questions regarding this item. 24. Agenda Item No. 8G. Ordinance No. 697. 1st reading. Establishing regulations applicable to Substandard and Dangerous Buildings. repealing Ordinance No. 615. As pointed out by Bob Whitehead, the adoption of this ordinance will repeal the existing ordinance and establish new regulations. The memo from Paul Ward, attached to Bob's memo, highlights the key points. As he notes, many of the changes were made to ensure that the city is complying with state statute requirements (Chapter 214 of the Local Government Code). For more information, contact Bob Whitehead or Paul Ward. L Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest February 13, 1998 Page 10 25.Agenda Item No. 8H. Ordinance No. 622-A. 1st reading. Amending Ordinance No. 622. providing changes to the Building Board of Appeals. This ordinance simply adds the Housing Code to the list of codes for which the Building Board of Appeals is authorized to hear. Your approval of the Housing Code (agenda item 8F) results in this ordinance change requirement. 26.Agenda Item No. 9A. Resolution No. 98-11. Authorizing the City Manager to pursue discussions pertaining to Southlake's participation in the Greater Grapevine Regional Library System. The resolution in your packet is as we discussed in work session last meeting. The resolution does not directly respond to resolution 98-01 of the Grapevine City Council, in that the Grapevine resolution (copy attached hereto) is directed at an agreement for the development and operation of a joint library facility. However, it is my belief that the City of Grapevine is willing to discuss our continued participation with them in their library, so long as we recognize that they must be able to address their need to expand their system. Grapevine's library facility is inadequate to provide the level of service it needs for Grapevine citizens now and in the future. This situation is exacerbated by the number of Southlake residents using the Grapevine Library. This message is central in the January 21, 1998 letter from Grapevine City Manager Roger Nelson, and Resolution 98-01 of the Grapevine City Council. In 1989 there were 2,441 cardholders who were Southlake residents (out of a total of 20,992). Today there are 7,091 (out of a total of 34,700). Our portion of cardholders in relationship to the total Grapevine cardholders has increased from 11.6% in 1989 to 20.4% in 1998. The City of Southlake has contributed $72,500 to Grapevine since 1991, of which $12,500 came from donations by the Friends of Southlake Library. The 1997-98 operating cost for the Grapevine Public Library is budgeted at $842,468. It is little wonder that Grapevine would like Southlake to pay its fair share. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest LFebruary 13, 1998 Page 11 27.Agenda Item No. 9B. Resolution 98-12. Appointment to the Planning and Zoning Commission to fill an unexpired term. Attached to the memo from City Secretary Sandy LeGrand are the applications received from interested residents during the appointment process last year. Note that the term for this seat on the Commission will expire in May 1998. 28.Agenda Item No. 9C. Resolution No. 98-10. Appointment of Alternate Judge for Municipal Court. We recently received word that David Florence, who has served as the alternate judge since 1992, wishes to resign this position. As such, Council will need to appoint a new alternate judge. The memo from Sean Leonard, court administrator, points out a minor dilemma we will be facing regarding this appointment. State law requires that alternate judges meet the same qualifications for the municipal judge. Prior to the 1995 charter amendments, the municipal judge was not required to be a resident of the City of Southlake. However, an amendment was put forth to the voters in 1995 to require the judge to be a resident of the city and it was approved by Southlake voters. As such, you will be required to appoint a resident of the city as the alternate judge. Sean's memo and the resolution delineate the other requirements. While there are many attorneys in good standing residing in Southlake, we are aware of only a few who have municipal court experience. Judge Bradley and Sean have contacted a few of these individuals to determine who might have an interest, and the only person who has indicated to them a willingness to serve is Teresa Campbell, who currently serves as the judge for Teen Court. Her resume is attached to Sean's memo for your consideration. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest itti.„ February 13, 1998 Page 12 We have placed the item on this agenda because there is some urgency in getting an alternate in place. However, the resolution could come back to you at your March 3 meeting if you would like to take more time. Staff will be happy to assist you in identifying eligible candidates for this position in any way you deem appropriate. 29.Agenda Item No. 10A. Authorize the Mayor to enter into a developer agreement for Cedar Oaks Estates Addition. You may recall discussing this subdivision at your December 16, 1997 meeting (plat revision). We did not place this item on the consent agenda because there are several unique aspects to it, including the private driveway and off-site sewer. This developer has been to the Park Board to discuss park dedication requirements, and upon a vote of 9-0, the Park Board approved payment of fees ($5,000). Although his fees have been determined, Mr. McMahan may wish to further discuss the new park dedication ordinance requirements. Mr. McMahan was not at the Park Board meeting due to a conflict. Tom Mathews represented this item to the Park Board. 30.Agenda Item No. 10B. Authorize the Mayor to enter into a developer agreement for Cambridge Place Phase II. The memo from City Engineer Ron Harper details the items deserving Council's attention regarding this developer agreement. These items include off- site sewer, park fees, sidewalks, and roadway impact fees. As part of the developer agreement for Phase I of this project, the developer agreed to construct the S-7 sewer line and in return sewer impact fees for all phases of Cambridge Place would be waived. This developer was one of the first to be affected by the new park dedication fee ordinance. The developer requested a combination of credits and payment of fees. He had not sought credit before for any improvements in Phase 1, but not asked for credit for some amenities in Phase 1 and those planned for Phase 2. The Park Board voted 6-3 to Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest February 13, 1998 Page 13 recommend credit for only 2.0 acres of open space floodplain planned for Phase 2. They recommended the balance be paid in fees. The project was presented to Park Board on February 9, 1998, and a credit of $8,000 was recommended. This project is exempt from the Sidewalk Ordinance since it was preliminary platted prior to the new ordinances adoption. Phase II is subject to Roadway Impact Fees of $91,200. The Developer plans on reconstructing Rainbow Street as a part of this project and is requesting that the cost of this reconstruction ($59,002.47) be used as credit towards the Roadway Impact Fees. The City has allowed for this type of credit in the past, but only on those roads which were shown on the Master Thoroughfare Plan. Rainbow Street is not shown on the Master Thoroughfare Plan, since it has been classified as a local street. Council should consider that this could be setting a precedent for future developments. Please contact Ron Harper (x 779) if you have any questions regarding this developer agreement. 31.Agenda Item No. IOC. Requested variance to Sign Ordinance No. 506-B for PetsMart located in Village Center. PetsMart has requested two variances to Sign Ordinance 506-B. One involves permitting a 200 square foot sign on the southern elevation. The applicant claims that the driveway functions as a street and therefore an additional sign should be permitted. The second variance is to permit a 328 square foot sign and a 30 square foot sign on the east elevation. According to the sign ordinance, a 279 square foot sign is permitted on this elevation. The applicant states that this portion of the building faces commercial property and thus the additional signage will not impact residential properties. Contact Bob Whitehead if you have questions regarding this item. L Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest February 13, 1998 Page 14 32.Agenda Item No. 10D. Authorize the Mayor to enter into a developer agreement for Southlake Woods, Phase III. This is a standard developer agreement with no modifications. There are no variances to the standard agreement. You will note that this is an agreement for Phase III, even though work has not yet begun on Phases I and II. This Developer, at the suggestion of Council, obtained a second access point to the northern portion of the project by purchasing the Stonebury Addition. This purchase shifted the order of development to the northern portion of Southlake Woods rather than the southern. Note that the developer requested waiver of the park land dedication, opting to pay fees instead. The Park Board voted 8-1 to recommend acceptance of the fees, which total $69,000. This was not placed on your consent agenda because the developer has some concerns he would like to discuss with you. If these are "worked out" at work session, this item could go on the Consent Agenda. Contact Ron Harper if you have additional questions regarding this item. Agenda Item No. 11A. Homestead Exemption. This item has been placed on your agenda at the request of Councilmember Fawks. Note the information provided in your packet by Finance Director Lou Ann Heath, which includes an analysis of the overall impact of the exemption at various;levels. Given the magnitude of the public works projects we have facing us, I am not sure I can give you a recommendation until we have completed our long range financial plan. Unfortunately, this will not be completed until June. Although I am eager to start an exemption program, we cannot say it will not adversely affect our current programs and plans until we get a better look at the long range financial plan. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest February 13, 1998 Page 15 33.Agenda Item No. 11B. Traffic Management Study. Time did not permit discussion of this item at your work session, so we have placed it on this agenda. Your packet contains the same supporting documentation. 34.Agenda Item Nos. 11C. 11D. and 11E. Pitched roofs. proposed Ordinance No. 480-DD: City-initiated rezoning: and. Impervious Coverage. proposed Ordinance No. 480-BB. These items are also on the agenda at the request of Councilmembers. We have previously discussed impervious coverage, city-initiated rezonings and, although not formally prioritized, a desire to apply pitched roof regulations on non-residential developments. Per Council's previous direction, it has been our practice to bring items back before Council as discussion items prior to forwarding them to the Commission in order to ensure the (kr direction taken with the regulation meets the intent of the Council. Attached you will find memos from Karen Gandy, Zoning Administrator, addressing each of these items. The memo from Karen Gandy summarizes the requested rezonings recommended by Councilmember Muller, many of which were designated as "triangles" on the recently adopted LUP update. You will recall that this designation was for properties which were appropriately zoned for the use in place, but the zoning did not comply with the recommended land use designation. Concerning the city-initiated rezonings, there is a significant amount of work in preparing and representing the cases as well as answering the many questions from the impacted landowners and their attorneys, brokers and consultants. Given our experiences from the recent city-initiated rezoning processing, staff would like to ask the Council to be clear and detailed in the direction regarding this item should we proceed. Also, recall that we presented to you at the last Council meeting a summary of the scheduled priorities for the Community Development Department. Should we be asked to go forward with this item, we would ask your direction regarding the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest L February 13, 1998 Page 16 appropriate placement in the priority schedule, understanding that not all things can be done at the same time. Feel free to contact me, Greg Last, or Karen Gandy should you have any questions regarding these items. 35.Agenda Item No. 11F. Residential Adjacency. proposed Ordinance No. 480-CC. Pertaining to the Residential Adjacency issue, we have received a confidential attorney- client privilege memo from our attorneys concerning various sections of this proposed ordinance. The fax copy does not copy well, so we will disseminate it to you Monday when we receive the original in the mail. Other Items of Interest 36.Kroger Burglary Update. Attached to my memo you will find a memo from Director of Public Safety Billy Campbell, detailing the activities of the suspect for the burglary of Kroger last week. Apparently, we were just one stop for this burglar as he made his way across the state. 37. Gary Hargett Letter. I believe you all received a copy of the letter from Gary Hargett expressing his concerns about Southlake's crime rate. Attached to my memo is Chief Campbell's response. 38. DPS Thank you. Director Campbell mentioned to me this week that a gentleman stopped by his office to deliver cookies and doughnuts to the Department. The gentleman explained that he understood that we were featured on the Internet for having a speed trap, Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest February 13, 1998 Page 17 and that if his police were gaining notoriety by slowing people down, they deserved some treats! 39.Wilkinson Trade Update. I had the opportunity to meet with Terry Wilkinson regarding his property and future plans at the park. I will brief the Council on the status of this land acquisition issue during Executive Session on Tuesday evening. 40.Richards House Issues. As you know, the city acquired this house as a part of our deal with Doctor Richards when we acquired his property (along with the Timarron tract) a few years ago. Under the terms of the contract, Doctor Richards had the right to continue to use the house for a period of time. He has, however, vacated the property completely and the city now has the obligation to deal with the house and other items left behind. Paul Ward, building official, has inspected the house and has determined that it is a substandard building and should be demolished due to the safety hazards. Given the location of the house, however, DPS has indicated that it would be another ideally located structure for a controlled, training burn. Garland Wilson is now in the process of planning another training session, and we plan to move forward with it as soon as it is feasible. We will provide you with additional information as it becomes available. 41. Crime Control District Board Update. As you may have realized by now, the Crime Control District Board is not meeting in February. The next meeting is tentatively scheduled for the first Wednesday in March. Again, we will provide you with additional information as it becomes available. L Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest February 13, 1998 Page 18 42.COPS Grant. I am pleased to inform you that DPS has successfully obtained grant funding for two additional "community policing" officers. The award is $150,000, and the effective date of the grant is retroactive to January 1, 1998. The first year of funding of this grant will support approximately 90% of the salary costs, with funding provided in decreasing increments over a three-year period. The attached memo from Chief Campbell outlines the details of the grants and our plans for moving forward to bring these police officers on board. 43.Builder's Association Recognition. The Greater Fort Worth Builders Association has adopted a new program recognizing various municipal representatives for their efforts in working together to resolve issues. The City of Southlake is fortunate to have four (4) representatives nominated. Director Last has been nominated in the municipal employee (6, category for his work in coordinating the tree preservation ordinance update. Commissioner Edmondson, Councilmember Martin, and Mayor Stacy have also been nominated in the elected and appointed categories of recognition. This type of recognition is good for the City because it shows that even though we maintain a highly regulated environment, we do attempt to work together with interested parties to reach mutually acceptable solutions. We have had a history of trying to involve all interested parties during the formative stage of any regulation. 44.Economic Development Activities. Following are some recent activities from the Economic Development staff. Feel free to contact Kate Barlow (ext. 776) or Director Last (ext. 750) if you have any questions or would like additional information. • Tour for TU Electric Economic Development staff: On Tuesday, Kate gave an overview of Southlake's growth and a tour for two members of TU Electric's Dallas- based Economic Development staff. TU Electric is actively involved in recruiting Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest February 13, 1998 Page 19 new businesses to their service area. Their staff has received national recognition for economic development efforts. • Monthly Fact Column: Staff has initiated a Monthly Economic Development Fact Column that is distributed to local media. The column will provide factual information on the city and its economic development activities. Staff routinely receives calls from the media on numerous issues, and in particular, The Dallas Morning News has requested additional informational charts similar to those included in the Fall 1997 Southlake Economic Report. • Northeast Tarrant County Economic Development Professionals meeting: On January 29, area ED professionals met to discuss regional issues. Southlake staff will be Lcoordinating the collection of data on the 14 Northeast Tarrant County cities with a goal to disseminate this information to Metroplex media. Additionally, this group discussed collectively studying regional issues, especially quantity and quality of labor which has become a national issue. • Request from Jamison Research, Inc.: Jamison Research, a Dallas based commercial real estate consulting and on-line information company, has requested staff to provide information on Southlake that will be included in a local area publication due out in May. Questions address demographics, local education, housing, transportation, and quality of life issues. • Summary and articles from The Business Press: Attached is a summary from The Business Press entitled "Tarrant County's largest homebuilders" with Southlake based Calais Custom Homes identified as #27. Also attached is an article about Fort Worth - Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest February 13, 1998 Page 20 based Bank of Commerce opening a full-service branch in Southlake. This is their first venture outside of Fort Worth. 45. SPIN Retreat. The SPIN Orientation Retreat is Saturday, February 28. City Councilmembers have been invited to attend an informal luncheon program scheduled from 12 - 1:00 p.m. The intent is to help new SPIN Representatives become familiar with Councilmembers and to understand some of the major issues that you are facing in 1998. A meal reservation form will be attached to the SPIN City Manager's Report in your packet. Please call Nona Whitehead ext. 834 if you have any questions about the Retreat. 46. Director's Retreat. The City's annual Director's Retreat will be held this Thursday and LFriday February 19-20. The first day will include discussion of action plan development, mid-year budget review, June Retreat Planning, and process improvement discussions. The second day will emphasize customer relations. Supervisors will be at City offices to handle all routine activity. We will provide information to you on Tuesday evening regarding staff placed "incharge" while the Directors attend the retreat. 47.Texas Sister Cities Report. Staff has been working with Mary Palko to address many of the preliminary needs for Texas Sister Cities International. A dedicated phone and fax line are being established and preliminary designs for a letterhead/logo are being finalized. The first sister cities meeting will be held at the Fort Worth International Center on March 11. We will have many of,the materials and logistical necessities prepared by this time. 48. Outstanding Staff Achievements. Lynn Martinson, Chief Budget Officer, recently passed the final two parts of her CPA exam. Lynn had previously passed the initial two parts in Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest LFebruary 13, 1998 Page 21 the May 1997 exam. This is an extremely difficult exam, and Lynn passed one of the parts with an over-90 score! 49.Ruling By Judge Davis in the Westlake/Fort Worth/Hillwood lawsuit. We received word late this afternoon that Judge Davis has issued his ruling in this case. His ruling is as we anticipated when we discussed it previously. Judge Davis ruled for Scott Bradley's camp, against Fort Worth and Hillwood. Interestingly enough, his ruling from the bench today skirts our issues with Solana, perhaps even favors it. EAT will be at the meeting Tuesday night to explain where we go from here. (lia•• (sr City of Southlake,Texas MEMORANDUM February 11, 1998 TO: Bob Whitehead, Director of Public Works FROM: Billy Campbell, Director of Public Safety SUBJECT: Adoption of the Uniform Building Code Attached is a memo that we sent to Council concerning the article published in the Grapevine Sun on residential fires sprinklers, and it helps explain part of our position. While we are exploring this issue, DPS does not want to interfere in any way with the process of the Public Works Department adopting the Uniform Building Code. In that I think that we all agree that both the Uniform Fire Code and Uniform building Code are referenced in each other, we believe that there will not be a conflict between those codes with your adoption of the 1997 Uniform Building Code. There may be some dissimilarities, however, they will be minor in nature and I have confidence that the staffs of the two departments will be able to work those minor differences out. Before the Department brings the Uniform Fire Code to Council for adoption, we will meet with the appropriate personnel in Public Works to insure that any dissimilarities between the 1997 Uniform Fire Code and the already adopted Building Code have been addressed If you have any questions,please feel free to contact me or Deputy Director Garland Wilson. BC/bls cc: ;/Shana K. Yelverton, Assistant City Manager Garland Wilson,Deputy Director of Fire Services • City of Southlake, Texas (...-• MEMORANDUM January 29, 1998 • TO: Paul Ward, Building Official FROM: Bruce A. Mueller, Fire Marshal SUBJECT: Residential Sprinkler Issues At the Building Board of Appeals work session on January 12, 1998, several questions were posed regarding residential fire sprinkler systems. Responses to a number of those questions are attached. We believe that in order for the Board to make a fully informed decision, additional information must be researched and provided. In order to avoid delay of the rest of the code adoption process, we recommend that you proceed with the adoption of the 1997 codes, excluding any reference to the requirement for residential sprinklers for one and two family dwellings at this time. This permits an opportunity for adequate Lresearch on this issue before being brought back for discussion in the near future. Again, because this issue is of such significance, we want to ensure a full opportunity for informed discussion on all aspects by the Board, City Council, citizens, and other interested parties. This can only be accomplished with additional research. Please let me know if you have additional questions or comments. �: BAM/bam ' Attachment: B.B.A. Questions & Answers cc: Billy Campbell, Director of Public Safety Garland Wilson, Deputy Director of Fire Services Malcolm Jackson, Administrative Coordinator L • B.B.A. Questions & Answers 1. Where does the sprinkler system tie in to the water supply? The sprinkler system can be arranged in one of four ways: 1. On the same tap from the city main as the domestic system with the meter only on the domestic side, 2. With separate taps from the city main to supply the sprinkler system and the domestic system. 3. On the same tap from the city main as the domestic system with the meter installed before the split to domestic and sprinkler systems, (note: most common) 4. With a multipurpose pipe arrangement supplying both domestic and sprinklers from a common system of piping. (note: requires coordinating between plumber and sprinkler contractor on installation; no way to monitor flow alarm) 2. What is the design criteria for a residential sprinkler system? NFPA 13D. Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes, is nationally recognized for the design of these systems. This standard specifies that the system provide a discharge of not less than 18 gpm to a single operating sprinkler and not less than 13 gpm per sprinkler to a maximum of two sprinklers in any single compartment (or as per listing of sprinkler). By comparison, commercial sprinkler systems are designed to discharge over at least 1500 sq. ft. farthest from the sprinkler riser (entry point). This would involve about nine sprinklers discharging 30 to 40 gpm each. The commercial standard requires a much larger supply. 3. What will the guidelines be in determining the 6.000 sq. ft. ? It is recommended that square footage calculations include floored space under roof including: conditioned living space; attached garage; covered porch/patio; floored attic space specifically designed, modified , or adapted for storage (floor joists, walls, etc.); and "bonus room." 4. Is any insurance discount available for having a fire sprinkler system in a home? Is there any insurance penalty involved for a sprinkler system? There is an 8% premium reduction on the total homeowner policy premium if the insurance is with a company regulated by the Texas Department of Insurance. There is a 12% premium reduction on the fire premium of dwelling policies (usually for rental property and includes no coverage for contents). No penalty is allowed by the Texas Department of Insurance. 5. What are the statistics on where fires start in homes? In 1995. the most recent year available. residential occupancies experience approx. 20% of tires. but account for over 75% of civilian deaths, over 70% of civilian injuries, and almost 40% of property loss. The leading known cause of one- and two-family dwellings was careless cooking. Fires due to incendiary/suspicious causes ranked second and fires involving heating equipment ranked third. 1994 statistics were comparable with the same top three known causes. 6. How will the situation be handled when an existing homeowner with a home less than 6,000 sq. ft. wants to add on or convert a "bonus room"? Will a sprinkler system be required in just the addition or in the entire structure? Retrofit of sprinklers in the entire structure will be necessary if the `under roof" area is increased (if the roof is raised or an addition is added connected to the existing structure). Cost of a retrofit sprinkler system is approximately $2.50 to $3.00 per sq. ft. If expansion plans were anticipated, it would be beneficial to sprinkler the home below 6,000 sq.ft. at the time of initial construction. Conversion of an existing space under the existing roof will not require sprinklers (finish of a bonus room or conversion of a garage). 7. What is the water availability in areas of the city which are currently not provided with water mains? A sprinklered structure can have a fire hydrant at a greater distance away than can a nonsprnklered one. Some water supply will be needed to supply the domestic water system in the home. The same supply can also supply the sprinkler system. Residential sprinkler systems can be supplied by well water if adequate pressure and volume are available. but these must be reviewed on a case-by-case basis. 8. What is the cost of a residential sprinkler system? What additional costs are associated with a system other than the system itself? Cost of a residential sprinkler system, based on information from three actual installations, is just under S 1.50 per sq. ft. Certain additional costs are associated with the system installation. Additional care and materials are necessary to properly insulate the system. This added cost is estimated at approximately S200 to S300 for a 6,000 sq. ft. two-story home (Frank at Garland Insulating Co.). Underground supply to the home may need to be increased in size to supply both the domestic and fire systems depending upon how far the structure is from the main(street). This would not necessitate an increase in meter size above one inch. For example, a one inch meter installed on a two inch supply line which runs 500 feet to the house can still supply a sprinkler system with adequate pressure and volume. Supply to the house will be installed with or without a sprinkler system, so the increased cost is just the increase associated with the larger pipe and fittings. Another consideration here is that the utility contractor needs to be licensed to install sprinkler system supply lines. o ¶ 71zz \ 1998 OffiCa Of CITY January 21, 1998 Mr. Curtis Hawk City Manager City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Dear Curtis: At its January 20, 1998 meeting, the Grapevine City Council passed the enclosed resolution supporting the tri-city library effort. Please note that the resolution will expire after 30 days if a similar document is not adopted in this time by each of the cities working on this project. While Grapevine remains committed to the concept of shared services and believes that through such arrangements tremendous savings can be generated for all involved, we have no desire to become drawn into or become a catalyst for political turmoil in one of our neighboring cities. The size of the existing Grapevine Library is inadequate for the level of service provided now and desired in the future. Grapevine cannot continue to wait for a resolution to the three-city concept that may never come. The citizens of Grapevine want and deserve a better library, and providing this facility, either shared or alone, must be my first priority. I look forward to hearing from you soon. Sincerely, Roger Nelson City Manager L City Manager's Office • P.O.Box 95104 • Grapevine,Texas 76099 • 817-410-3104 • Fax 817-410-3002 • http://www.ci.grapevine.tx.us GRAP T E S L1;4%moor CITY OF GRAPEVINE, TEXAS CERTIFICATE OF CITY SECRETARY STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE I, the undersigned, Linda Huff, City Secretary of the City of Grapevine, Texas, a municipal corporation, in the performance of the functions of my office, hereby certify that (6,,, the attached resolution is a full, true, and correct copy of Resolution No. 98-01 as the same appears of record in my office, having been passed and approved by the City Council of the City of Grapevine, Texas, on the 20th day of January , 1998, and that I am the lawful possessor and have legal custody of said record. WITNESS MY HAND AND SEAL OF OFFICE at my office in Grapevine, Texas, this the 21st day of January , A. D., 1998. Lind Huff, City retary City of Grapevine, Texas (CITY SEAL) .4, City of Grapevine•City Secretary's Office• P.O.Box 95104•Grapevine,Texas 76099•Phone Metro 817/410-3182•Fax 817/410-3004 RESOLUTION NO. 98-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS ENDORSING THE CONCEPT OF A JOINT LIBRARY WITH THE CITIES OF COLLEYVILLE AND SOUTHLAKE; DIRECTING THE CITY MANAGER TO DEVELOP AN INTERLOCAL AGREEMENT WITH THOSE CITIES AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Grapevine City Council believes library services are an important City amenity; and WHEREAS, the City currently provides library services, by contract, for the Cities of Colleyville and Southlake; and WHEREAS, the City Manager has recommended that the City Council negotiate an agreement with the Cities of Colleyville and Southlake to build and operate a joint library facility; and WHEREAS, such a joint facility would support more diverse and higher quality L programming than three separate facilities; and WHEREAS, it is projected that a joint facility would save the City of Grapevine in excess of $1,700,000 in capital costs for an expansion of the existing library and $257,000 annually in operating costs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated in the preamble are true and correct and incorporated herein as if copied in their entirety. Section 2. That the City Manager be directed to work with the City Managers of Colleyville and Southlake to develop an interlocal agreement for the development and operation of a joint library. Section 3. That this resolution is effective from and after the date of its passage if both the Colleyville and Southlake City Councils pass a similar expression of commitment to the three-city library within the thirty day period ending February 19, 1998. Without such commitment, this resolution is null and void. PASSED AND APPROVED BY THE CITRY COUNCIL OF THE CITY OF L GRAPEVINE, TEXAS on this the 20th day of January 1998. APPROVED: William D. Tate Mayor ATTEST: Lind Huff .1-446 City Secretary APPROVED AS TO FORM: (1610` John F. Boyle, Jr. 61-7A)----- City Attorney L RES. NO. 98-01 2 City of Southlake,Texas MEMORANDUM February 11, 1998 TO: Shana Yelverton, Assistant City Manager FROM: Billy Campbell, Director, Public Safety SUBJECT: Progress of Kroger Robbery Investigation Referencing the Kroger robbery of February 2, 1998. The suspect has tentatively been identified as Carl Douglas Consolvo, aged 37, from Virginia. Consolvo currently is wanted in Virginia for car theft and aggravated sexual assault. The following bullet points outline Mr. Consolvo's crime spree through North Texas. • January 27, 1998 - carjacks a 1997 green Chevrolet Blazer in Virginia and comes to Ft. Worth, Texas and robs the Boston Market on Camp Bowie. • January 31, 1998 — robs the same Boston Market on Camp Bowie and then robs the patrons also. • February 2, 1998 —robs the Southlake Kroger and uses the green Blazer as getaway car. • February 3, 1998 — confronted by Parker County Sheriffs Deputy at Cattleman's Restaurant escapes on foot but leaves the green Blazer behind, containing the sacks and checks from Kroger and Boston Market. Gets past large manhunt and attempts carjacking at 1HOP near IH 820 and Quebec Street. Unsuccessful on first attempt but second attempt gets car and 16 year old kidnap victim. • February 4, 1998 — Abandons 16 year old victim in Waco. Buys used car for $800 but car breaks down and Consolvo gets his money back. Has taxi deliver him to shopping center where he robs dry cleaners and fires a shot at the clerk (no injuries). Attempts another car jacking, unsuccessful, then succeeds in carjacking a Baylor students green Mazda. • February 11, 1998 - Intelligence places Consolvo back in Virginia with the green car and Texas license plates. State troopers have five locations staked out. L City of Southlake,Texas MEMORANDUM February 12, 1998 TO: Shana Yelverton, Assistant City Manager FROM: Billy Campbell, Director, Department of Public Safety SUBJECT: Letter from Mr. Gary Hargett We would like to take the opportunity to clarify concerns and issues raised by Mr. Hargett's letter. In this clarification we should utilize all of the figures and narration in the article as opposed to trying to fit certain statistics into a preplanned position. It is also imperative that we understand how these figures are compiled and what is defined by the Uniform Crime Reporting procedures. Taking into consideration a few statistical analysis facts; such as some numbers have little statistical impact because they are so low and to quote the article, "decrease and increase in major crime could also depend on how police departments record crime". It further emphasizes the theme you have heard me comment on for the last several years, in that decreases could be short lived because of increased commercial and residential growth. To site an instance, the opening of the Grapevine Mills Mall in the fall caused an increased number of thefts in Grapevine dramatically. Locally, the subject that robbed Kroger recently drove from Virginia to our community, probably not knowing what town he was in, then robbed Kroger on his way out. Trophy Club indicates no rapes were committed in 1997,but we have all read in the paper about their unfortunate incident. Roanoke's assaults jumped 133%,but in more realistic terms they had 3 in 1996 and 7 in 1997. One that wishes to insight may say Roanoke's assaults jumped 133%, but as you can see, an increase of four assaults in a growth area is insignificant. Utilizing the theme of Mr. Hargett's letter, we should all embrace North Richland Hills police methods because of their 11.9% reduction in burglaries. When viewed in the light of day, there were still 426 burglaries in 1997 in the city of North Richland Hills. While on the subject of statistics and reported crime, I am somewhat distressed that neither the newspaper article or Mr. Hargett gave our City credit for reducing homicides 100% in 1996 and 1997 versus 1995. The accuracy of listing the Uniform Crime Report is only mandated if you receive Federal funding for police initiatives. In that we do receive Federal money, we take great care to follow the Uniform Crime Reporting guidelines. Also, a very telling figure was not disclosed in any of these reports, that being the police agency's clearance rate or how a department responds after a crime is committed. The clearance rate is typically defined by a case that has been assigned to the department through a complainant and the Department either clears that case by arrest and/or the recovery of property or merchandise. In 1997 we cleared approximately 416 cases out of 452 cases. This indicates that there was either an arrest or recovery in each one of those 416 cases. L Shana Yelverton Letter from Mr. Gary Hargett February 12, 1998 Page 2 It is important to understand the terms assault, theft, burglary, etc. as defined by the Uniform Crime Reporting guidelines when trying to make a comparison from city to city. Assaults, for instance, are totaled from five categories. That includes everything from two people shoving each other to a disabling injury. In 1997, of the 75 assaults experienced, only six were aggravated assaults. When we look at the theft column it is totaled from nine categories. Two of these categories comprise of more than half of all thefts in the city, they are shoplifting and theft from motor vehicles. Examining our sexual assaults we see, of the six reported only two had the possible significance of being a true sexual assault(see attached memo). Another issue is when you look at our burglaries from 1996 to 1997. In 1997 we show 15 more burglaries than in 1996. Being mindful that the perpetrator who admittedly committed over 500 burglaries in the metroplex was responsible for approximately 28 of our burglaries in 1997. It also should be noted that a non-traffic unit utilizing good police investigative skills arrested this individual at 4:00 a.m. This only shows what is being done by our motivated police personnel. Burglary is narrowly defined by "entering" and has no distinction by definition of the taking of a single golf club or the entire bag and the cart. There are those police agencies that choose to list minor takings in the category of theft as opposed to burglary. To further exacerbate the issue, because of the public's sensitivity to the statistical issue, some jurisdictions take minor theft offenses over the telephone as opposed to responding in person and will not act unless the complainant can give further information. We typically respond personally on each and every call, causing a case to be enacted thereby increasing the statistical data. When examining police practices, an individual travelling FM 1709 and Hwy 114 we may see a unit, which is perceived to be a traffic stop. This is not always the case. The aforementioned corridors are rife with criminal intent and the Department is ever vigilant in their duties. Coupled with the detective, patrol and traffic divisions, there were 1111 arrests made in 1997. Of those arrests only 95 had Southlake addresses, some being felons and others were misdemeanor suspects. A potential perpetrator travelling though a community that sees active police work will tend not to want to spend much time in our area. I don't feel that the reported number is in any way alarming when we intelligently look at the figures and understand the break down of the statistics. Considering the 23% percent population increase from 1994-95; 11.9% from 1995-96; 12.7% from 1996-97; and a 15.7% from 1997-98 (if my math is right), along with the socioeconomic conditions of the community, and geographical issues our community has been opened to an increase in crime. These numbers could be considered exemplary in some police circles. L Shana Yelverton Letter from Mr. Gary Hargett February 12, 1998 Page 3 Mr. Hargett has, in the past, provided valuable input into public safety operations. He has helped heighten the Council's awareness of police and fire rescue, utilizing the infrared imaging, a device that the Council allowed us time to evaluate, saving the City approximately $6,000. However, in my opinion, Mr. Hargett's letter presents an unfortunate evaluation of the statistics presented in the article. I believe his references to neighboring cities are misguided, since their situations are completely different, and the statistics in each category do not support his claim that their police efforts are better. With regard to Mr. Hargett's reference to our fleet, I believe it is important to state my position once again. The Tahoe is a vehicle which best suits the mission of the public safety officer, putting police, fire and EMS response in a single unit. Our message to the public is twofold. First, our police presence in the community illustrates (haw our genuine concern for the law abiding public's safety and security. Second, our visibility sends a clear message to persons of lesser scruples. They do not find police officers that are parked at a coffee shop or behind a building with their lights turned off, but rather officers that are alert and maintain a positive image. We do not dispute Mr. Hargett's right to correspond with elected officials. However, given the seriousness of his charges against our department, a response was an absolute necessity. If you have questions or concerns, I am available. BC/cf Enclosures: Letter from Gary Hargett dated February 9, 1998 FWST Article Offenses Report - 1997 1997 UCR Sexual Assaults L 42y. • 51( L, 'ebruary 9 , 1998 To : Southlake Mayor- Rick Stacy and X4‘ Southlake City Council members From: Gary Hargett The attached statistics are from Sunday, 2-8-98 , FWST Sunday Neighbors section. Please note the comparison between Colleyville & Southlake. In 1997 Southlake had twice as many burglaries & assaults and approximately as many thefts as our neighbor with three times the residents . Also, please note the comparison between Southlake & Flower Mound - all three areas declined while all increased in Southlake. Southlake has more police per resident than either Colleyville or Flower Mound, however, Southlake doesn ' t put as much emphasis on protecting the residents as our comparable neighboring communities . We do an excellent job of traffic enforcement and we look great in $30 , 000 . 00 Blazers and gold emblemed police cars , but, we just don' t ut alot of importance on "catching crooks" . As a business owner in Southeast Ft. Worth I am very aware crime patterns . The two main considerations are: an abundance of opportunity and most important is the possibility of getting caught. The message being sent by Southlake to the criminal community is " drive safely and you probably won' t get caught doing crime" . The upcoming city elections provide an excellent format to enlighten the residents about how dangerous it is becoming to live in Southlake. Hopefully, this will raise public awareness of this increasing problem and spurn you to take the necessary measures to protect our community from an increasing onslaught of criminal activity. One suggestion would be to find out how Colleyville and Flower Mound differ in their law enforcement from Southlake because their result are certainly better. Sincerely, Gary Hargett (ibv- 1111 S . White Chapel Blvd. ..,•rs.-•T i.�y....�v:,.e ::',.ram.. .....-:...... .� ••- •. m(re . -• . Cl ) : '088 $ oo 03 o cv O c •� __ O O O O O O O O O f. : + .. t • 1 Ui'� - O 0 .- O O O .-• .- O a0 O N 0 0 0 0 0 '• . ,-• • y ? V 7 M , C ;� t0 i.. • • t n (.... to :i.' 03= •'O O C7. O O N .- 00 O N O O O O O fit.. '• f .. 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Pft • Pfty .. l Sunday Neighbors http:Nwww.netarrant nef/today xhtm Go to: 1 Contents [Stelibisciri*C0filf..... grrilvd•Trist.._ MET Cuter Northeast Story -- SundayNeighbors NET Spate Sunday Neighbors _ NET Called.r NET Mark _"�"'.' tittrti4ST fi g NET Religion Col sailer �- - - _ i a .:. NET Wi nht _▪ __ NET UpielB NET ClimB • = ..,� �d►rr-lluirrt firxl�•ra(i�r„.w•�»r�.cnimn ®1998 Star-Telegram—Terms and Conditions—Send us your Feedback. L 1 of 1 2/10/98 17:20 PM ]�� http://www.netarrantnet/today/newsA ver.htrn Go to: It Contents LJ I SillablitralaCeitve/ Wfast (iipe'Jpdated: Saturday, Feb. 7, 1998 at 18:36 CST How safe is it? By Domingo Ramirez Jr. Star-Telegram Staff Writer But minutes after the burglary, Charles Skaggs of Watauga was arrested, and he was later charged in that crime and several similar offenses. Rodriguez got his golf clubs back. "You always take extra precautions after something like that happens," said Rodriguez, who has lived with his family in Southlake for about a year. "Some people might go overboard in security measures," Rodriguez said. "But we're just more careful." So were other area residents, if greater Northeast Tarrant County crime statistics for 1997 are an indication. L,)olice reports of major crimes in the area showed declines from 1996 to 1997. Burglaries decreased 3.7 percent and thefts declined 0.6 percent. Those crimes generally affect the most residents. Homicide reports decreased 27.8 percent, and assaults declined 6.5 percent, according to area police departments. Major crimes include auto theft, theft, homicide, sexual assault, robbery, assault and burglary. Nine of the 17 cities and law enforcement agencies in greater Northeast Tarrant County reported declines in major crimes compared with 1996. Five cities -- Denton, Euless, Grapevine, Hurst and Keller-- registered increases of less than 10 percent. Bedford, Dallas/Fort Worth Airport, Flower Mound, Haltom City, Irving, North Richland Hills, Richland Hills, Trophy Club and Watauga reported decreases in major crimes. Police attributed the decreases to a good economy and more emphasis on community policing. Skaggs' arrest may have helped keep burglary statistics from increasing. The 28-year-old was arrested Aug. 9 by Southlake Department of Public Safety officers who were patrolling a Southlake subdivision on bicycles. The officers saw an unoccupied car with its engine running (,,Ind apprehended Skaggs as he was returning to the vehicle. 1 of 3 2/10/9817:18 PM http://www.notarrantnetitoday/news/locaUne/hood/nencover.htrn In October, Skaggs pleaded guilty to six of what police said may have been as many as 500 home burglaries in Northeast Tarrant County. He was sentenced to 15 years in prison. ,'he decreases in crime reports were good news to authorities, but they cautioned against putting too much significance on the numbers. "I would like to say that we ran crime out of town, but I can't," said David Miller, police chief in Trophy Club, where reports of major crimes decreased by 16 percent in 1997. "Neighborhood crime watches and our citizens-on-patrol groups have really helped us keep crime down," Miller said. "But I think it's too early to tell about our crime rate. We need to see how we do after a few more years." Decreases and increases in major crimes could also depend on how police departments record crimes. A rape occurred in Trophy Club last year, but recently released city figures showed no sexual assaults. The rape was in the 1997 figures compiled by the Denton County Sheriffs Department because that agency investigated the case, Miller said. Several Northeast Tarrant police chiefs said the decreases could be short-lived because of increases in residential and commercial growth, which could make some areas prime targets for burglars and thieves. For example, with the opening of Grapevine Mills mall in the fall, the number of thefts in C.rt:;rapevine increased, according to police statistics. Police opened a storefront to combat the crease. "Our residential crime is low," Grapevine Police Chief Tom Martin said. "But if you look at our figures for 1997, we had a substantial increase in thefts at the mall. If it wasn't for that, our overall crime rate would be down." Police chiefs said that a crime such as theft is difficult to prevent. "Sure, we can educate retailers about thefts and we have a storefront at North East Mall to help out," Hurst Police Chief Tim Wallace said. "But thefts are going to happen, and it's going to happen often." Colleyville and Southlake showed the largest overall increases in major crimes between 1996 and 1997. Colleyville increased 18 percent and Southlake 17 percent. In Roanoke, which has a population of about 2,000, thefts jumped from 15 to 76. Robberies increased from one to four and assaults from three to seven. Some area cities registered significant decreases in some crimes, including Grapevine (20 assaults, compared with 49 in 1996), Haltom City (13 sexual assaults, down from 35) and Hurst (18 sexual assaults, down from 27). (100,,„.n expert on crime rates said the area's decreases mirrored a decline nationwide last year. of 3 2/10/98 17:18 PM http://www.netarrant net/today/news/local/ne/hoodlnencover.ht 'The aging of the population and the fact more people are being incarcerated are factors that C-1 have helped keep crime down," said Charles Friel, a criminal justice professor at Sam ouston State University in Huntsville. "And we're thinking more about safety," Friel said. 'We have been conditioned for years to be careful, and it seems we're doing that." © 1998 Star-Telegram —Terms and Conditions — Send us your Feedback. L L 3 of 3 2/10/98 17:18 PM • RETURN A - MONTHLY RETURN OF OFFENSES KNOWN TO POLICE FOR DATES - 01.01.97 - 12.31.97 :LASSIFICATION OFFENSES UNFOUNDED It OF ACTUAL TOT OFF. NUMBER OF CLEARANCES ;F OF FNSES REPORTED COMPLAINTS OFFENSES CLEARED INVOLVING UNDER 18 lA & Nonneglient Manslaughter 11 )1B Manslaugher by Negligence 12 2 FORCIBLE RAPE TOTAL 20 6 6 6 ,2A Forcible Rape - Rape by Force 21 6 6 6 )2B Forcible Rape - Attempts to Commit 22 )3 ROBBERY TOTAL 30 2 2 2 )3A Robbery - Firearm 31 )3B Robbery - Knife or Cutting Instrument 32 )3C Robbery - Other Dangerous Weapon 33 )3D Robbery - Strong Arm Force 34 2 2 2 )4 ASSAULTS TOTAL 40 77 2 75 65 )4A Assault - Firearm 41 )4B Assault - Knife or Cutting Instrument 42 )4C Assault - Other Dangerous Weapon 43 23 23 21 )4D Assault - Strong Arm - Aggravated Injury 44 6 6 6 )4E Assault - Other Assaults - Simple 45 48 2 46 38 )5 BURGLARY TOTAL 50 91 3 88 78 )5A Forcible Entry 51 19 2 17 15 )5B Burglary - Unlawful Entry 52 61 1 60 53 )5C Burglary - Attempted Forcible Entry 53 11 11 10 ---(11111e )6 Y - THEFT TOTAL 60 286 12 274 258 )7 MOTOR VEHICLE THEFT TOTAL 70 8 1 7 7 )7A Motor Vehicle Theft - Autos 71 7 1 6 6 )7B Motor Vehicle Theft - Trucks & Buses 72 )7C Motor Vehicle Theft - Other Vehicles 73 1 1 1 )8 Other Assaults 73 GRAND TOTAL 77 470 18 452 416 0 NUMBER OF LAW ENFORCEMENT OFFICERS 80 KILLED OR ASSAULTED THIS MONTH DATE NUMBER OF OFFICERS KILLED ! ! HAVE YOU HAD ANY ! !DO NOT USE THIS SPACE ! FELONIOUS ACCIDENT/NELIGENT ASSAULTED ! ! ARRESTS THIS MONTH? ! ! ! RECORDED !INITIALS ! ! ! UNDER 18 YES NO ! ! ! ! EDITED ! ! ! 18/OVER YES NO TX2203200 ! PUNCHED ! ! MONTH AND YEAR AGENCY IDENTIFIER POPULATION SOUTHLAKE DPS PREPARED BY DAISY MAE JACKSON RECORDS SOUTHLAKE TEXAS ! ADJUSTED ! ! (OW817 481-5581 ICATIONS SUPERVISOR SOUTHLAKE DPS .y PROPERTY STOLEN BY CLASSIFICATION 01.01.97 TO 12.31.97 --kmoo sification Data Entry Number of Actual offenses Value of Property Stolen 1. MURDER AND NONNEGLIGENT MANSLAUGHTER 12 2. FORCEIBLE RAPE (Total) 20 6 0 3. ROBBERY (a) Highway (Streets,Alleys,Etc.) 31 (c) GAS OR SERVICE STATION 33 (d) CONVENIENCE STORE 34 (e) RESIDENCE (Anywhere on Premises) 35 1 15,000 (f) BANK 36 (g) Miscellaneous 37 TOTAL ROBBERY 30 2 15,410 5. BURGLARY - BREAKING OR ENTERING (a) RESIDENCE (Dwelling) (1) NIGHT (6 P.M.- 6 A.M.) 51 17 29,292 (2) Day (6 A.M. - 6 P.M.) 52 15 42,871 (3) UNKNOWN 53 26 47,944 (b) NON-RESIDENCE (Store, Office, Etc.) (1) NIGHT (6 P.M. - 6 A.M.) 54 14 34,916 Icime (2) DAY (6 A.M. - 6 P.M.) 55 2 13,015 (3) UNKNOWN 56 14 17,575 TOTAL BURGLARY 50 88 185,613 6. LARCENY - THEFT (Except Vehicle) (a) $200 AND OVER 61 150 325,297 (b) $50 TO $200 62 55 6,051 (c) UNDER $50 63 69 1,118 TOTAL LARCENY (Same As 6X) 60 274 332,466 7. MOTOR VEHICLE THEFT / Alledged Joy Ride 70 7 43,500 GRAND TOTAL - ALL ITEMS 77 576,989 Additional Analysis Of Larceny And Auto Theft 6X. NATURE OF LARCENIES UNDER ITEM 6 (a) Pocket Picking 81 1 450 (b) Purse Snatching 82 2 450 (c) Shoplifting 83 44 3,083 (d) From Motor Vehicles (Except E) 84 44 33,537 (e) Motor Vehicle Parts And Accessories 85 14 6,024 (f) Bicycles 86 7 3,055 (g) From Buildings (Except C And H) 87 41 46,941 (h) From Any Coin-Operated Machines 88 5 1,348 All Other 89 116 237,728 ___(;ime) TOTAL LARCENIES (Same As Item 6) 80 274 332,466 7X. NUMBER OF MOTOR VEHICLES RECOVERED (a) Stolen Locally And Recovered Locally 91 City of Southlake,Texas MEMORANDUM February 11, 1998 TO: Billy Campbell, Director, Public Safety FROM: Gary Gregg, Deputy Director, Police Services SUBJECT: 1997 UCR Sexual Assaults This is the disposition of the six rapes reported during 1997 Offense Number Offense Status 972137 Aggravated Sexual Assault Suspect committed suicide 975687 Aggravated Sexual Assault Suspended, victim never repeated details to anyone else 975715 Aggravated Sexual Assault No billed by Grand Jury 977676 Aggravated Sexual Assault Unfounded 972868 Sexual Assault Complainant waived prosecution, all parties intoxicated 9712706 Sexual Assault Actor and victim both 15, no prosecution desired due to consenualness If you have any questions, please do not hesitate to contact me. GG/gg C:\WPWIN60\WPDOCS\MEMO\MEM0253.DOC City of Southlake,Texas MEMORANDUM February 12, 1998 TO: Shana Yelverton, Assistant City Manager FROM: Billy Campbell, Director Public Safety SUBJECT: Award of Two Officers Under the COPS Grant Program The Southlake Department of Public Safety received notice we have been awarded a $150,000 grant from the U.S. Department of Justice for the hiring of two police officers under the COPS Universal Hiring Grant Program. The City Council adopted Resolution 97-74 authorizing the grant application in December 1997, and the award was approved to begin retroactive to January 1, 1998. A copy of the memorandum from Administrative Coordinator Jackson is attached. The grant provides funding of the basic salary costs for police personnel at decreasing increments over a three year period. The first year provides 90% of the salary costs, (a., followed by 75% in year two and 60% in year three, up to a maximum of$75,000 total per officer over the life of the grant. This allows for minimal budgetary expenditures during the current fiscal year. We are prepared to proceed with the hiring process, and I am available for any additional questions or comments. 6 C' BC/mwj L City of Southlake,Texas MEMORANDUM February 3, 1998 TO: Billy Campbell, Director Public Safety FROM: Malcolm Jackson, Administrative Coordinator SUBJECT: Award of$150,000 COPS Grant Southlake DPS has received written notification that we have been awarded a$150,000 grant to employee two additional "community policing" officers. The date of the grant start is retroactive to January 1, 1998. These positions are for uniformed police officers. To the best of my knowledge, these positions are not currently included in the 1997-98 budget. However, the grant requires that the funding be provided at decreasing increments over a three-year period. The first year funding would support approximately 90% of the salary costs, thereby minimizing the impact on the current budget. We have three applicants remaining on our existing eligibility list of police hiring, and are ready to conduct background checks. Please advise how and when you wish to move on this issue. I am available for any additional questions or comments. MWJ/mwj cc: Garland Wilson, Deputy Director Fire Services Gary Gregg, Deputy Director Police Services L 1 NEWS CLIPPING Source: The Business Press DATE: Week of January 29, 1998 Bank of commerce::pIaflSflelvSOUthIäke branch By ggNDA - "The Colleyville-Grapevine-Southlake going in there.My answer is, 'not one bit.' THE BUSINESS PRESS - market is a rapidly growing area," Gray We're a different kind of bank.We can of- said. "We were determined not to go out fer the kind of personal contact that a lot of SOUT}ILAKE 'Bank of Commerce joll there until we found what we thought was individuals and businesses are looking for venture outside Fort Worth for the first time a premier location.We think if you're go- in a bank." this spring and join the,,competition in ing to be in the Northeast Tarrant County Gray expects the competition to be fierce Northeast Tarrant County with a full-ser- market,you have to be in the general area but believes the market's growth will ac- vice branch and motor bank at Byron of Highway 114." commodate newcomers to the area,he said. Nelson Parkway and Southlake Boulevard. The new branch will have a six-person "I believe there is room for us out there," The Fort Worth-basedbank-which has staff,led by Karin Newell,branch manager: he said."I think we're going to do OK." downtown;Fossil Creek and rCityview-fa- Newell has begun calling on customers in Since 1994,at least one new bank branch cilities—is expected to open its new branch the area to develop a base of business for a year has opened in Southlake.Last year by April 1.The building is located on a pad the new branch,she said. North Richland Hills-based Liberty Bank site at a new retail development. Bank of "I'm already talking to businesses that opened a branch facility.In addition to Bank Commerce President Gene Gray said the lo- are glad we're coming to Southlake," she of Commerce, Chase Bank Texas — for- cation was a key factor in selecting said."I've been asked if I was afraid about merly Texas Commerce Bank — is ex- Southlake. going into Southlake with all the new banks pected to open a location this spring. (Ow PAGE 16 THE BUSINESS'.PRESS'L":WBBII, ►R1NV+ARY#E0998 ilr:,- !t Tarrant Count's•largestJion,ebuilders -. i 41-g-a-. ...,..-,/..,..„,il • Ranked by number of plained herb in Tistvng Grotty,unless otherwise noted • ' For M 1997-88 Mats,go to www.Dizpres..00m - ne.d N9/ IM7 / Neil a tYll-Unto Lplanned start,A997 Or trio rage/ ?arrant County Teo local executive/ Primary Rant guilder Rowe,address,plume,lea,edwall completed starts peJYctlai' square loot range emplsyuss year established gee;raphk area Pelle Neves el Tow LpolAr r:,�!iI 1. 1431 Gree.way Orly.,Ne TB/iniag 7503/ . ' f")`ak'4. .1.0OW1,047s �D/ 1ISs Richard Sworn/1967 Fort Worth/Delia (971)5184177.(972),i11•�,web site www.p.ltnuaaLtes .tw. I den 1,450-).790' • .' Choke Homes-Tessa hoc. Fort Worth,Arlington, 2. P.O.Box 173309,Arllugto,76003 950/903 $49 million/ $50,000s-f 140.00011 99 Dale L.Master/I984 Mansfield.Kwuwdak, (817)652-4940,I..(817)561-9496 prodsetlon I,051.3 000 Denton,Burleson ladman I Sraid Tens Ltd. 1611 Westgreve,Se.101,Carrollton 75006 900/204s DND/ 560,000s4170.0001/ 100 Bss1W1996 t' Fort 9YbrUVDalm 3• (971)167.0700,las(972)267-07f/, '` production 1,150-4 170 ' web sitewww.ka,huabeoadd/w.cem )'o4io .- -- ,a.n,.n•.'.... . 1' Drees Cottons Heroes 4. 1521 N.Cooper,No.SOO,Arlington 76011 685/550' fl IS million/ f150.000-5400.00W 95 Mkhad J.Rubery/1918 Fort Worth/Dallas (817)469-9991,lax(817)449.9996,web site www,dreeshomes.cem custom 2.000-4000 Metroplea C Homes f41 million/ SI 10,990415/000/ Fort Worth Arlington. 5. 700 Highlander Bled.,Ns.140.Arlington 76015 425/370 L300.3,950 118 Joe Arcidl943 Saginaw,Keller. (/17)167•sfll,lax(/ N 17)467.47 •. • production Grand Prairie.Cro,.ky O.R.Herten Inc. S47 million/ $90.000-f300.000/ 6. 1901 A ien Blvd..Arlington 76006 410/336 Bo Todd Horton/I978 National homebuilder (817)856-8200.la.(817)056-0236.web site www.drherton.com • production 1400-4.200 David Weebl.y Homes - ., . Troy Colorado, 7. 97 FrNwl1nNe97 l Dd2is s7131 400/354 565.E million/ f 109.990g375.990/ . pin SS Rkkk J.Moee/1978 North Carolina.web slt.www.kNdweek eybemes.ww - . , • Ford..Tent/ISSN S Ign Homes f61.5 million/ $I IO,000,f350.000/ Fort Worth/Daaas 8. 8440 Walnut HIII Lane.Dallas 75231 380/325 m production 1.400-IS00 30 To WatsoN1986 M.tropka (214)361-9291,door(114)361.9343,web site www. Ignhemes.com Highland Homes $24 million/ SI 13.000-f160.000/ Fart Worti%Ddlas 9. 12850 X111 ,Ns.200,Dallas 75230 0 pod Sanders/1986 (971)387-7905,la(972)387.4186 prothoctlon 1,200.••T •.,.• . ,..,.y.;; ,..• Metroplex History Maker Nooses OND/ 675,000-S125.000/ 9. 3939 W.Green Oaks Blvd..No.206.Arlington 76016 300/219 production 1100-1860 25.30 Bryan Mitchell/l949 Tarrant County (817)429-8008,fax(817)446-4666,web site in w-hlstorymaker:com •. ..Gehan Names North Fort Worth, 11. 1101 N.Union/ewer.No.160,Irving 75041 250/171 $13.4 S70.000sry/ 23 TimGehanti992 South Arlington. p (972)579-5066,las(971)579-4916 • 1.300-3.000 Saginaw Fes A Jacobs f6.21 million/ $71.990-5120,990/ Fort Worth/Dallas 12, 2800 Surveyor Bled.,Carrollton 75006 182/69 production 1261 2.909 7 Lee Thompson/ONDMewplex (972)416-1447,lax(972)417-04/0 • Pierce Homes lot. • mr.n wiaw.;.nHomes13. 16415 Addison Read,H. 170,Dallas 75241 170/110'. $3/million/ $15 00KPS�ie o 7 Hershel Pierce/1959 Tarrant.Denton, (972)380-1000.laa(972)3/0.4011.web site sledal"' -- custom 2.500 up-„ Collin counties Hosteler Homes Inc 3.23 million/ $98,000-5250.000/ ' L 14. 11494 Luna Rd.,Re,210,Farmers Branch 75234 163/18 1,450 3.260 DND Dean Bunches/1984 Florida and Texas (971)910-9300,1as(972)910-9301 production .. f Homes Inc.dba FoBeert Worth tem7613 Homes 150/91 $9 million/ $100,000-5250.000/ • I/ Merl McBee/1978 NorthwesteCosat 15. 3577 N.W.Loop 810,fort Worth 76171 (817)626-2600,las(1117)826.2668 t LB00-3.600 Tarrant County J.N.HuneroYller Newel Inc. mu DND/ $75,000-5250,000/ James Huneller/ Tarrant and 10. 6001 Meadowside Trait,Arlington 76017 110/DND DNDproduction 1,500-4.000 OND surrounding counties (817)419-6900,las(817)419.6162 C Steve Hawkins Custom Homes Inc. • $14 million/ f 100,000-f450.000/ 16. P.O.Box 16712.Fort Worth 76162 - 110/95• custom 1•eaoa•aoo- 10 Steve Hawkkn/1979 Tarrant County (817)737-4446,la.(817)737485B - Perry Heroes DND/ f130,000-5390.000/ 18. P.O. 09/8S OND Gordon Wakefiield/1967 DNDli.Boa 71106,Houston 77234' production 1,800-7.100 (817)498-2I55,lore(817)498.6625,web site www.perryhomes.com Sandlln Cos. $9.9 million/ $100,000-$350,000/ 19. 5137 Davis Blvd.,Fort Werth 76180 98/58 � 1 000 4 soo 14 Mike SandlW I957 Tarrant County cust(817)281-3509,fan(017)656-0719,...mail mike@sandlin.cem Custom Design Homes 58.5 million/ $140,000-5210,000/ Northeast GU. 7801 Brandi Place,North Richland Hills 76180 80/53 custom I ooa2 600 6 Marvin SmkN1990 Tarrant County (817)498-9810,fax(817)656.0951 Woodhaven Homes 53.9 million/ $70.000-$160.000/ Fort Worth/Dallas 21. 2501 Oak Lawn,Dallas 75119 75/39 S .Rkhard LadaJl992 (214)599-1999,fez(214)S99.9205 Pr�'Ictbn 1,300.3.• •• -MebopMx Marquise Heroes Inc. $13.6 million/ 5N1,000.f800,000/ Tarrant County and 22. 2310 Michigan Court,Arlington 76016 613/72 custom I,eoave o00 15 Bin Jenkins/1989 surrounding areas (817)469-1713,far(817)661.9177 Narerick Homes by Lee A.Hughes' 5120.000-S700000/ Northeast 23. Eli./or 115,CYIky,iI a 76034 S8/35 _ m DND/custo 1800.6.000 4 ' " Lee A.Hughes/1986 Tarrant County (817)439.3334.lax(817)439JI86 - _ _ _ A Alamo Cotten/ullden Inc. 54.28 million/ S80,000-5150.000/ Northeast 24. Eli.Box 14765,Fert SI?)1 76117 SS/IS custorm 1,150 up 3 David Pokl dy1968 Tarrant County (817)281-5759,fax(817)281.0739 • Citation Homes Inc DND/ f70,000-f95.000/ 25. 1110 S.Airport Circle.N. 110.Euless 74040 30/22 production 1,]50-2.050 3 Greg Rohlad/1996 Tarrant County (817)858.670S,lax(817)545.6705 • 26Stonewood Homes $1.84 million/ 5135.000-S348.000/ Tarrant and . 4101 W.Green Oaks West,No.144,Arlington 76016 24/8 2 Mike Thrutchley/1988 su (817)571.1633,web site www.atenewoodhomes.com custom 2.300-4.200 rroumMing counties 5_ Calais Custom Names $6.5 million/ $300.0003800.00W Todd B.Handwork/ Northeast AC 27. 190-0 W.Northwest Parkway,Seuthlake 76092 20/15 custom 3,000-6.500 1986 Tarrant County (817)481.6426,fax(817)421.0491 NOTES:Did not respond by press time:Hammonds Homes.No.I I on our 199711st General Homes,No.12:Emgee Homes Inc..No.22:Manchester Custom Homes Inc..No.24:and Fred SOURCES:The builders Parker Co.Inc.,N.25. -The builders designated whether they were custom or productionrsenu-custom b,nlders.Usually custom builders do not tetrad more then 25-50 homes per year. RESEARCHER:Valerie E.Rowe Some prorlunron builders aho do some seml.custom building. -Includes information for Fort Worth-Dallas area -Corporate headquarters -Formerly known as Montclair. Homes OND--del not disclose 00 ON CA 1-1 cv N 4 z .� 4 ai ct a B cl o E aw N au op toSC�ga H w w M 6 b 4 2 _ E rn x � 8a8g U o: of 4 a) ac°i you co '� �. � es to _, N a. y N44 4+ v4 U 'C ia 8 EU' 4 0 E0 w � ° f w W M i. � Wo 8A0 08A 00 L1144.4 4! 8. 2 w el w N ? 1 � � r�i gts: U e (� go (j 00 r oo c t:-: O A CO U N •o U et E 2 0 ._44 1 0 w EEA.Li w F� -o 'o E a.o 8 Aux 8 � .. 8 73 a;›+ o ® o - 0 1�1 A ! 1 ,,, 0 'L E T. 4.... E,-... ... . . 5 E Q 0 V a � bell 82 82U 8 � N N N V Q q, 22 .,. ? A y_c,.) ... la-N g E • Eu o= 4.; u N0 o MI as O. 00oas :6, W0 ' U .. en .1 fn a O ems• ea 2 as aa = w U a@ \3 .S a= City of Southlake,Texas MEMORANDUM February 11, 1998 TO: Bob Whitehead, Director of Public Works FROM: Billy Campbell, Director of Public Safety SUBJECT: Adoption of the Uniform Building Code Attached is a memo that we sent to Council concerning the article published in the Grapevine Sun on residential fires sprinklers, and it helps explain part of our position. While we are exploring this issue, DPS does not want to interfere in any way with the process of the Public Works Department adopting the Uniform Building Code. In that I think that we all agree that both the Uniform Fire Code and Uniform building Code are referenced in each other, we believe that there will not be a conflict between those codes with your adoption of the 1997 Uniform Building Code. There may be some dissimilarities,however, they will be minor in nature and I have confidence that the staffs of the two departments will be able to work those minor differences out. Before the Department brings the Uniform Fire Code to Council for adoption, we will meet with the (hp, appropriate personnel in Public Works to insure that any dissimilarities between the 1997 Uniform Fire Code and the already adopted Building Code have been addressed If you have any questions,please feel free to contact me or Deputy Director Garland Wilson. BC/bls cc: ,/Shana K. Yelverton, Assistant City Manager Garland Wilson, Deputy Director of Fire Services L L. City of Southlake, Texas 1 MEMORANDUM January 29, 1998 TO: Paul Ward, Building Official ' FROM: Bruce A. Mueller, Fire Marshal SUBJECT: Residential Sprinkler Issues At the Building Board of Appeals work session on January 12, 1998, several questions were posed regarding residential fire sprinkler systems. Responses to a number of those questions are attached. We believe that in order for the Board to make a fully informed decision, additional information must be researched and provided. In order to avoid delay of the rest of the code adoption process, we recommend that you proceed with the adoption of the 1997 codes, excluding any reference to the requirement for residential sprinklers for one and two family dwellings at this time. This permits an opportunity for adequate research on this issue before being brought back for discussion in the near future. Again, because this issue is of such significance, we want to ensure a full opportunity for informed discussion on all aspects by the Board, City Council, citizens, and other interested parties. This can only be accomplished with additional research. Please let me know if you have additional questions or comments. - BAM/bam Attachment: B.B.A. Questions & Answers cc: Billy Campbell, Director of Public Safety Garland Wilson, Deputy Director of Fire Services Malcolm Jackson, Administrative Coordinator B.B.A. Questions & Answers 1. Where does the sprinkler system tie in to the water supply? The sprinkler system can be arranged in one of four ways: 1. On the same tap from the city main as the domestic system with the meter only on the domestic side, 2. With separate taps from the city main to supply the sprinkler system and the domestic system. 3. On the same tap from the city main as the domestic system with the meter installed before the split to domestic and sprinkler systems, (note: most common) 4. With a multipurpose pipe arrangement supplying both domestic and sprinklers from a common system of piping. (note: requires coordinating between plumber and sprinkler contractor on installation; no way to monitor flow alarm) 2. What is the design criteria for a residential sprinkler system? NFPA 13D. Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes, is nationally recognized for the design of these systems. This standard specifies that the system provide a discharge of not less than 18 gpm to a single operating sprinkler and not less than 13 gpm per sprinkler to a maximum of two sprinklers in any single compartment (or as per listing of sprinkler). By comparison, commercial sprinkler systems are designed to discharge over at least 1500 sq. ft. farthest from the sprinkler riser (entry point). This would involve about nine sprinklers discharging 30 to 40 gpm each. The commercial standard requires a much larger supply. 3. «hat v fI the guidelines be in determining the 6,000 sq. ft. ? It is recommended that square footage calculations include floored space under roof including: conditioned living space; attached garage; covered porch/patio; floored attic space specifically designed, modified , or adapted for storage (floor joists, walls, etc.); and "bonus room." 4. Is any insurance discount available for having a fire sprinkler system in a home? Is there any insurance penalty involved for a sprinkler system? There is an 8% premium reduction on the total homeowner policy premium if the insurance is with a company regulated by the Texas Department of Insurance. There is a 12% premium reduction on the fire premium of dwelling policies (usually for rental property and includes no coverage for contents). No penalty is allowed by the Texas Department of Insurance. (61., 5. What are the statistics on where fires start in homes? In 1995. the most recent year available, residential occupancies experience approx. 20% of tires. but account for over 75% of civilian deaths, over 70% of civilian injuries, and almost 40% of property loss. The leading known cause of one- and two-family dwellings was careless cooking. Fires due to incendiary/suspicious causes ranked second and fires involving heating equipment ranked third. 1994 statistics were comparable with the same top three known causes. 6. How will the situation be handled when an existing homeowner with a home less than 6,000 sq. ft. wants to add on or convert a "bonus room"? Will a sprinkler system be required in just the addition or in the entire structure? Retrofit of sprinklers in the entire structure will be necessary if the `under roof' area is increased (if the roof is raised or an addition is added connected to the existing structure). Cost of a retrofit sprinkler system is approximately$2.50 to $3.00 per sq. ft. If expansion plans were anticipated, it would be beneficial to sprinkler the home below 6,000 sq.ft. at the time of initial construction. Conversion of an existing space under the existing roof will not require sprinklers (finish of a bonus room or conversion of a garage). 7. What is the water availability in areas of the city which are currently not provided with (hoof water mains? A sprinklered structure can have a fire hydrant at a greater distance away than can a nonsprnklered one. Some water supply will be needed to supply the domestic water system in the home. The same supply can also supply the sprinkler system. Residential sprinkler systems can be supplied by well water if adequate pressure and volume are available. but these must be reviewed on a case-by-case basis. 8. What is the cost of a residential sprinkler system? What additional costs are associated with a system other than the system itself? Cost of a residential sprinkler system, based on information from three actual installations, is just under S 1.50 per sq. ft. Certain additional costs are associated with the system installation. Additional care and materials are necessary to properly insulate the system. This added cost is estimated at approximately $200 to S300 for a 6,000 sq. ft. two-story home (Frank at Garland Insulating Co.). Underground supply to the home may need to be increased in size to supply both the domestic and fire systems depending upon how far the structure is from the main (street). This would not necessitate an increase in meter size above one inch. For example, a one inch meter installed on a two inch supply line which runs 500 feet to the house can still supply a sprinkler system with adequate pressure and volume. Supply to the house will be installed with or without a sprinkler system, so the (sp, increased cost is just the increase associated with the larger pipe and fittings. Another consideration here is that the utility contractor needs to be licensed to install sprinkler system supply lines. OAP VINHiiIIi2 e A January 21, 1998 Mr. Curtis Hawk City Manager City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Dear Curtis: At its January 20, 1998 meeting, the Grapevine City Council passed the enclosed resolution supporting the tri-city library effort. Please note that the resolution will expire after 30 days if a similar document is not adopted in this time by each of the cities working on this project. While Grapevine remains committed to the concept of shared services and believes that through such arrangements tremendous savings can be generated for all involved, we have no desire to become drawn into or become a catalyst for political turmoil in one of our neighboring cities. The size of the existing Grapevine Library is inadequate for the level of service provided now and desired in the future. Grapevine cannot continue to wait for a resolution to the three-city concept that may never come. The citizens of Grapevine want and deserve a better library, and providing this facility, either shared or alone, must be my first priority. I look forward to hearing from you soon. Sincerely, Roger Nelson City Manager k,..4.4).4.4.44espdatit..44,4 City Managers Office • P.O.Box 95104 • Grapevine,Texas 76099 • 817-410-3104 • Fax 817-410-3002 • http://www.ci.grapevine.tx.us GRAD :T E S��A S j" CITY OF GRAPEVINE, TEXAS CERTIFICATE OF CITY SECRETARY STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE I, the undersigned, Linda Huff, City Secretary of the City of Grapevine, Texas, a municipal corporation, in the performance of the functions of my office, hereby certify that (6,,, the attached resolution is a full, true, and correct copy of Resolution No. 98-01 as the same appears of record in my office, having been passed and approved by the City Council of the City of Grapevine, Texas, on the 20'h day of January , 1998, and that I am the lawful possessor and have legal custody of said record. WITNESS MY HAND AND SEAL OF OFFICE at my office in Grapevine, Texas, this the 21st day of January , A. D., 1998. Lind Huff, City retary City of Grapevine, Texas (CITY SEAL) L City of Grapevine•City Secretary's Office• P.O.Box 95104•Grapevine,Texas 76099•Phone Metro 817/410-3182•Fax 817/410-3004 T. RESOLUTION NO. 98-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS ENDORSING THE CONCEPT OF A JOINT LIBRARY WITH THE CITIES OF COLLEYVILLE AND SOUTHLAKE; DIRECTING THE CITY MANAGER TO DEVELOP AN INTERLOCAL AGREEMENT WITH THOSE CITIES AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Grapevine City Council believes library services are an important City amenity; and WHEREAS, the City currently provides library services, by contract, for the Cities of Colleyville and Southlake; and WHEREAS, the City Manager has recommended that the City Council negotiate an agreement with the Cities of Colleyville and Southlake to build and operate a joint library facility; and WHEREAS, such a joint facility would support more diverse and higher quality programming than three separate facilities; and WHEREAS, it is projected that a facilitywould save the Cityof Grapevine in joint P excess of $1,700,000 in capital costs for an expansion of the existing library and $257,000 annually in operating costs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated in the preamble are true and correct and incorporated herein as if copied in their entirety. Section 2. That the City Manager be directed to work with the City Managers of Colleyville and Southlake to develop an interlocal agreement for the development and operation of a joint library. Section 3. That this resolution is effective from and after the date of its passage if both the Colleyville and Southlake City Councils pass a similar expression of commitment to the three-city library within the thirty day period ending February 19, 1998. Without such commitment, this resolution is null and void. PASSED AND APPROVED BY THE CITRY COUNCIL OF THE CITY OF L GRAPEVINE, TEXAS on this the 20th day of January 1998. s APPROVED: William D. Tate Mayor ATTEST: Lind Huff .1646 City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney •, RES. NO. 98-01 2 City of Southlake,Texas MEMORANDUM February 11, 1998 TO: Shana Yelverton, Assistant City Manager FROM: Billy Campbell, Director, Public Safety SUBJECT: Progress of Kroger Robbery Investigation Referencing the Kroger robbery of February 2, 1998. The suspect has tentatively been identified as Carl Douglas Consolvo, aged 37, from Virginia. Consolvo currently is wanted in Virginia for car theft and aggravated sexual assault. The following bullet points outline Mr. Consolvo's crime spree through North Texas. • January 27, 1998 - carjacks a 1997 green Chevrolet Blazer in Virginia and comes to Ft. Worth, Texas and robs the Boston Market on Camp Bowie. • January 31, 1998 — robs the same Boston Market on Camp Bowie and then robs the patrons also. • February 2, 1998 — robs the Southlake Kroger and uses the green Blazer as getaway car. • February 3, 1998 — confronted by Parker County Sheriffs Deputy at Cattleman's Restaurant escapes on foot but leaves the green Blazer behind, containing the sacks and checks from Kroger and Boston Market. Gets past large manhunt and attempts carjacking at IHOP near IH 820 and Quebec Street. Unsuccessful on first attempt but second attempt gets car and 16 year old kidnap victim. • February 4, 1998 — Abandons 16 year old victim in Waco. Buys used car for $800 but car breaks down and Consolvo gets his money back. Has taxi deliver him to shopping center where he robs dry cleaners and fires a shot at the clerk (no injuries). Attempts another car jacking, unsuccessful, then succeeds in carjacking a Baylor students green Mazda. • February 11, 1998 - Intelligence places Consolvo back in Virginia with the green car and Texas license plates. State troopers have five locations staked out. L City of South lake,Texas MEMORANDUM February 12, 1998 TO: Shana Yelverton, Assistant City Manager FROM: Billy Campbell, Director, Department of Public Safety SUBJECT: Letter from Mr. Gary Hargett We would like to take the opportunity to clarify concerns and issues raised by Mr. Hargett's letter. In this clarification we should utilize all of the figures and narration in the article as opposed to trying to fit certain statistics into a preplanned position. It is also imperative that we understand how these figures are compiled and what is defined by the Uniform Crime Reporting procedures. Taking into consideration a few statistical analysis facts; such as some numbers have little statistical impact because they are so low and to quote the article, "decrease and increase in major crime could also depend on how police departments record crime". It further emphasizes the theme you have heard me comment on for the last several years, in that decreases could be short lived because of increased commercial and residential growth. To site an instance, the opening of the Grapevine Mills Mall in the fall caused an increased number of thefts in Grapevine dramatically. Locally, the subject that robbed Kroger recently drove from Virginia to our community, probably not knowing what town he was in, then robbed Kroger on his way out. Trophy Club indicates no rapes were committed in 1997, but we have all read in the paper about their unfortunate incident. Roanoke's assaults jumped 133%,but in more realistic terms they had 3 in 1996 and 7 in 1997. One that wishes to insight may say Roanoke's assaults jumped 133%, but as you can see, an increase of four assaults in a growth area is insignificant. Utilizing the theme of Mr. Hargett's letter, we should all embrace North Richland Hills police methods because of their 11.9% reduction in burglaries. When viewed in the light of day, there were still 426 burglaries in 1997 in the city of North Richland Hills. While on the subject of statistics and reported crime, I am somewhat distressed that neither the newspaper article or Mr. Hargett gave our City credit for reducing homicides 100% in 1996 and 1997 versus 1995. The accuracy of listing the Uniform Crime Report is only mandated if you receive Federal funding for police initiatives. In that we do receive Federal money, we take great care to follow the Uniform Crime Reporting guidelines. Also, a very telling figure was not disclosed in any of these reports, that being the police agency's clearance rate or how a department responds after a crime is committed. The clearance rate is typically defined by a case that has been assigned to the department through a complainant and the Department either clears that case by arrest and/or the recovery of property or merchandise. In 1997 we cleared approximately 416 cases out of 452 cases. This indicates that there was either an arrest or recovery in each one of those 416 cases. ,y Shang Yelverton Letter from Mr. Gary Hargett February 12, 1998 Page 2 It is important to understand the terms assault, theft, burglary, etc. as defined by the Uniform Crime Reporting guidelines when trying to make a comparison from city to city. Assaults, for instance, are totaled from five categories. That includes everything from two people shoving each other to a disabling injury. In 1997, of the 75 assaults experienced, only six were aggravated assaults. When we look at the theft column it is totaled from nine categories. Two of these categories comprise of more than half of all thefts in the city, they are shoplifting and theft from motor vehicles. Examining our sexual assaults we see, of the six reported only two had the possible significance of being a true sexual assault (see attached memo). Another issue is when you look at our burglaries from 1996 to 1997. In 1997 we show 15 more burglaries than in 1996. Being mindful that the perpetrator who admittedly committed over 500 burglaries in the metroplex was responsible for approximately 28 of our burglaries in 1997. It also should be noted that a non-traffic unit utilizing good police investigative skills arrested this individual at 4:00 a.m. This only shows what is being done by our motivated police personnel. Burglary is narrowly defined by"entering"and (1400, has no distinction by definition of the taking of a single golf club or the entire bag and the cart. There are those police agencies that choose to list minor takings in the category of theft as opposed to burglary. To further exacerbate the issue, because of the public's sensitivity to the statistical issue, some jurisdictions take minor theft offenses over the telephone as opposed to responding in person and will not act unless the complainant can give further information. We typically respond personally on each and every call, causing a case to be enacted thereby increasing the statistical data. When examining police practices, an individual travelling FM 1709 and Hwy 114 we may see a unit, which is perceived to be a traffic stop. This is not always the case. The aforementioned corridors are rife with criminal intent and the Department is ever vigilant in their duties. Coupled with the detective, patrol and traffic divisions, there were 1111 arrests made in 1997. Of those arrests only 95 had Southlake addresses, some being felons and others were misdemeanor suspects. A potential perpetrator travelling though a community that sees active police work will tend not to want to spend much time in our area. I don't feel that the reported number is in any way alarming when we intelligently look at the figures and understand the break down of the statistics. Considering the 23% percent population increase from 1994-95; 11.9% from 1995-96; 12.7% from 1996-97; and a 15.7% from 1997-98 (if my math is right), along with the socioeconomic conditions of the community, and geographical issues our community has been opened to an increase in crime. These numbers could be considered exemplary in some police circles. L Shana Yelverton Letter from Mr. Gary Hargett February 12, 1998 Page 3 Mr. Hargett has, in the past, provided valuable input into public safety operations. He has helped heighten the Council's awareness of police and fire rescue, utilizing the infrared imaging, a device that the Council allowed us time to evaluate, saving the City approximately $6,000. However, in my opinion, Mr. Hargett's letter presents an unfortunate evaluation of the statistics presented in the article. I believe his references to neighboring cities are misguided, since their situations are completely different, and the statistics in each category do not support his claim that their police efforts are better. With regard to Mr. Hargett's reference to our fleet, I believe it is important to state my position once again. The Tahoe is a vehicle which best suits the mission of the public safety officer, putting police, fire and EMS response in a single unit. Our message to the public is twofold. First, our police presence in the community illustrates L our genuine concern for the law abiding public's safety and security. Second, our visibility sends a clear message to persons of lesser scruples. They do not fmd police officers that are parked at a coffee shop or behind a building with their lights turned off, but rather officers that are alert and maintain a positive image. We do not dispute Mr. Hargett's right to correspond with elected officials. However, given the seriousness of his charges against our department, a response was an absolute necessity. If you have questions or concerns, I am available. BC/cf Enclosures: Letter frQrn Gary Hargett dated February 9, 1998 FWST Article Offenses Report - 1997 1997 UCR Sexual Assaults L (IimeFebruary 9 , 1998 To: Southlake Mayor- Rick Stacy and Southlake City Council members From: Gary Hargett The attached statistics are from Sunday, 2-8-98 , FWST Sunday Neighbors section. Please note the comparison between Colleyville & Southlake. In 1997 Southlake had twice as many burglaries & assaults and approximately as many thefts as our neighbor with three times the residents . Also, please note the comparison between Southlake & Flower Mound - all three areas declined while all increased in Southlake. Southlake has more police per resident than either Colleyville or Flower Mound, however, Southlake doesn' t put as much emphasis on protecting the residents as our comparable neighboring communities . We do an excellent job of traffic enforcement and we look great in $30 , 000 . 00 Blazers and gold emblemed police cars , but, we just don' t ut alot of importance on "catching crooks" . As a business owner in Southeast Ft. Worth I am very aware crime patterns. The two main considerations are : an abundance of opportunity and most important is the possibility of getting caught . The message being sent by Southlake to the criminal community is " drive safely and you probably won' t get caught doing crime" . The upcoming city elections provide an excellent format to enlighten the residents about how dangerous it is becoming to live in Southlake. Hopefully, this will raise public awareness of this increasing problem and spurn you to take the necessary measures to protect our community from an increasing onslaught of criminal activity. One suggestion would be to find out how Colleyville and Flower Mound differ in their law enforcement from Southlake because their result are certainly better. Sincerely, Gary Hargett (lior 1111 S . White Chapel Blvd. ..•.!�,.`•T Tpy.....•�':..••',:,.ram.. ..JV-.....,. ., _ ., • a Q S Occ • cc 00 ,_•� 8 p S.� 0 ci 0 0 o 0 0 0 0 n + % N till U ; r• • • p ; L is �. c, • (alp" 10 r O"0 O .- .-- O ea CV 0 0 0 o r �' .3' t. . L n F••. •.tI�f 03.. O O O C•. CIO N .— CO O N O O O O O t70 ! '5. L A t7 I. }O T.. r} C J .C) 1. 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O. .y .y..0 o, .. U A C L.. L g Q O ;•��: � ''. : IC c m 3 '� co c of it c to O o. -. F- .y•o y = o co - of o 0 o io p �� ' I•m.U;Cam.O W iL. U = = Z Y.z Q cc to H t— , ty • ` l • • l • Sunday Neighbors http://www.netarrantneVtodayinewsilocaline/hoocitindexhtrn 1[ 1ys Go to: Contents U ��ss fast LMeow Northeast Tarrant Story MET Calost& SundayNeighbors NET ab Sunday Neighbors _ NET CNlandht NET N Iwctk =/e.w.r,. * T, : R . > ' NET R11 Ion = _ NET Scheme - C NET Updale - NET Cilma ..(NW. cdhrr-lljr 1&d serkiN.w•rfirrg razors -- iggintaim ®1998 Star-Telegram—Terms and Conditions—Send us your Feedback. Lir 1 of 1 2/10/98 17:20 PM http://www.netarrant net/today/news/locaUne/hoodnencover.htm Go to: II Contents U ry gig likaikAPMCWie ,< - ......... ( ,Jpdated: Saturday, Feb. 7, 1998 at 18:36 CST How safe is it? By Domingo Ramirez Jr. Star-Telegram Staff Writer But minutes after the burglary, Charles Skaggs of Watauga was arrested, and he was later charged in that crime and several similar offenses. Rodriguez got his golf clubs back. "You always take extra precautions after something like that happens," said Rodriguez, who has lived with his family in Southlake for about a year. "Some people might go overboard in security measures," Rodriguez said. "But we're just more careful." So were other area residents, if greater Northeast Tarrant County crime statistics for 1997 are an indication. L'olice reports of major crimes in the area showed declines from 1996 to 1997. Burglaries decreased 3.7 percent and thefts declined 0.6 percent. Those crimes generally affect the most residents. Homicide reports decreased 27.8 percent, and assaults declined 6.5 percent, according to area police departments. Major crimes include auto theft, theft, homicide, sexual assault, robbery, assault and burglary. Nine of the 17 cities and law enforcement agencies in greater Northeast Tarrant County reported declines in major crimes compared with 1996. Five cities -- Denton, Euless, Grapevine, Hurst and Keller -- registered increases of less than 10 percent. Bedford, Dallas/Fort Worth Airport, Flower Mound, Haltom City, Irving, North Richland Hills, Richland Hills, Trophy Club and Watauga reported decreases in major crimes. Police attributed the decreases to a good economy and more emphasis on community policing. Skaggs' arrest may have helped keep burglary statistics from increasing. The 28-year-old was arrested Aug. 9 by Southlake Department of Public Safety officers who were patrolling a Southlake subdivision on bicycles. The officers saw an unoccupied car with its engine running (1160,,ind apprehended Skaggs as he was returning to the vehicle. 1 of 3 2/10/98 17:18 PM httpl/www.rtetarrant net/todayinews/locaUne/hoodinencoverhtrn In October, Skaggs pleaded guilty to six of what police said may have been as many as 500 home burglaries in Northeast Tarrant County. He was sentenced to 15 years in prison. (6,,,4"he decreases in crime reports were good news to authorities, but they cautioned against putting too much significance on the numbers. "I would like to say that we ran crime out of town, but I can't," said David Miller, police chief in Trophy Club, where reports of major crimes decreased by 16 percent in 1997. "Neighborhood crime watches and our citizens-on-patrol groups have really helped us keep crime down," Miller said. "But I think it's too early to tell about our crime rate. We need to see how we do after a few more years." Decreases and increases in major crimes could also depend on how police departments record crimes. A rape occurred in Trophy Club last year, but recently released city figures showed no sexual assaults. The rape was in the 1997 figures compiled by the Denton County Sheriffs Department because that agency investigated the case, Miller said. Several Northeast Tarrant police chiefs said the decreases could be short-lived because of increases in residential and commercial growth, which could make some areas prime targets for burglars and thieves. For example, with the opening of Grapevine Mills mall in the fall, the number of thefts in Cor ;rapevine increased, according to police statistics. Police opened a storefront to combat the ncrease. "Our residential crime is low," Grapevine Police Chief Tom Martin said. "But if you look at our figures for 1997, we had a substantial increase in thefts at the mall. If it wasn't for that, our overall crime rate would be down." Police chiefs said that a crime such as theft is difficult to prevent. "Sure, we can educate retailers about thefts and we have a storefront at North East Mall to help out," Hurst Police Chief Tim Wallace said. "But thefts are going to happen, and it's going to happen often." Colleyville and Southlake showed the largest overall increases in major crimes between 1996 and 1997. Colleyville increased 18 percent and Southlake 17 percent. In Roanoke, which has a population of about 2,000, thefts jumped from 15 to 76. Robberies increased from one to four'and assaults from three to seven. Some area cities registered significant decreases in some crimes, including Grapevine (20 assaults, compared with 49 in 1996), Haltom City (13 sexual assaults, down from 35) and Hurst (18 sexual assaults, down from 27). (ipptn expert on crime rates said the area's decreases mirrored a decline nationwide last year. 'of 3 2/10/98 17:18 PM http://www.netarrantnet/today/news/local/ne/hood/nencover.htm "The aging of the population and the fact more people are being incarcerated are factors that if gave helped keep crime down," said Charles Friel, a criminal justice professor at Sam ouston State University in Huntsville. "And we're thinking more about safety," Friel said. 'We have been conditioned for years to be careful, and it seems we're doing that." © 1998 Star-Telegram —Terms and Conditions — Send us your Feedback. • L 3 of 3 2/10/98 17:18 PM • RETURN A - MONTHLY RETURN OF OFFENSES KNOWN TO POLICE FOR DATES -101.01.97 - 12.31.97 'LASSIFICATION OFFENSES UNFOUNDED # OF ACTUAL TOT OFF. NUMBER OF CLEARANCES .F 0 ^•TSES REPORTED COMPLAINTS OFFENSES CLEARED INVOLVING UNDER 18 1A r & Nonneglient Manslaughter 11 1B Manslaugher by Negligence 12 2 FORCIBLE RAPE TOTAL 20 6 6 6 2A Forcible Rape - Rape by Force 21 6 6 6 28 Forcible Rape - Attempts to Commit 22 3 ROBBERY TOTAL 30 2 2 2 '3A Robbery - Firearm 31 s3B Robbery - Knife or Cutting Instrument 32 i3C Robbery - Other Dangerous Weapon 33 ,3D Robbery - Strong Arm Force 34 2 2 2 '4 ASSAULTS TOTAL 40 77 2 75 65 )4A Assault - Firearm 41 )4B Assault - Knife or Cutting Instrument 42 )4C Assault - Other Dangerous Weapon 43 23 23 21 )4D Assault - Strong Arm - Aggravated Injury 44 6 6 6 )4E Assault - Other Assaults - Simple 45 48 2 46 38 )5 BURGLARY TOTAL 50 91 3 88 78 )5A Forcible Entry 51 19 2 17 15 )5B Burglary - Unlawful Entry 52 61 1 60 53 )5C Burglary - Attempted Forcible Entry 53 11 11 10 i6 .dY - THEFT TOTAL(111/e 60 286 12 274 258 )7 MOTOR VEHICLE THEFT TOTAL 70 8 1 7 7 )7A Motor Vehicle Theft - Autos 71 7 1 6 6 )7B Motor Vehicle Theft - Trucks & Buses 72 )7C Motor Vehicle Theft - Other Vehicles 73 1 1 1 J8 Other Assaults 73 GRAND TOTAL 77 470 18 452 416 0 NUMBER OF LAW ENFORCEMENT OFFICERS 80 KILLED OR ASSAULTED THIS MONTH DATE NUMBER OF OFFICERS KILLED ! ! HAVE YOU HAD ANY ! !DO NOT USE THIS SPACE ! FELONIOUS ACCIDENT/NELIGENT ASSAULTED ! ! ARRESTS THIS MONTH? ! ! ! RECORDED !INITIALS ! ! ! UNDER 18 YES NO ! ' ! ! ! EDITED ! ! ! 18/OVER YES NO TX2203200 ! PUNCHED ! ! MONTH AND YEAR AGENCY IDENTIFIER POPULATION SOUTHLAKE DPS PREPARED BY DAISY MAE JACKSON RECORDS SOUTHLAKE TEXAS ! ADJUSTED ! ! 817 481-5581 (1110,04ICATIONS SUPERVISOR SOUTHLAKE DPS PROPERTY STOLEN BY CLASSIFICATION 01.01.97 TO 12.31.97 --(00'ssification Data Entry Number of Actual offenses Value of Property Stolen P Y 1. MURDER AND NONNEGLIGENT MANSLAUGHTER 12 2. FORCEIBLE RAPE (Total) 20 6 0 3. ROBBERY (a) Highway (Streets,Alleys,Etc.) 31 (c) GAS OR SERVICE STATION 33 (d) CONVENIENCE STORE 34 (e) RESIDENCE (Anywhere on Premises) 35 1 15,000 (f) BANK 36 (g) Miscellaneous 37 TOTAL ROBBERY 30 2 15,410 5. BURGLARY - BREAKING OR ENTERING (a) RESIDENCE (Dwelling) (1) NIGHT (6 P.M.- 6 A.M.) 51 17 29,292 (2) Day (6 A.M. - 6 P.M.) 52 15 42,871 (3) UNKNOWN 53 26 47,944 (b) NON-RESIDENCE (Store, Office, Etc.) (1) NIGHT (6 P.M. - 6 A.M.) 54 14 34,916 L (2) DAY (6 A.M. - 6 P.M.) 55 2 13,015 (3) UNKNOWN 56 14 17,575 TOTAL BURGLARY 50 88 185,613 6. LARCENY - THEFT (Except Vehicle) (a) $200 AND OVER 61 150 325,297 (b) $50 TO $200 62 55 6,051 (c) UNDER $50 63 69 1,118 TOTAL LARCENY (Same As 6X) 60 274 332,466 7. MOTOR VEHICLE THEFT / Alledged Joy Ride 70 7 43,500 GRAND TOTAL - ALL ITEMS 77 576,989 Additional Analysis Of Larceny And Auto Theft 6X. NATURE OF LARCENIES UNDER ITEM 6 (a) Pocket Picking 81 1 450 (b) Purse Snatching 82 2 450 (c) Shoplifting 83 44 3,083 (d) From Motor Vehicles (Except E) 84 44 33,537 (e) Motor Vehicle Parts And Accessories 85 14 6,024 (f) Bicycles 86 7 3,055 (g) From Buildings (Except C And H) 87 41 46,941 (h) From Any Coin-Operated Machines 88 5 1,348 All Other 89 116 237,728 __1(610„,) TOTAL LARCENIES (Same As Item 6) 80 274 332,466 7X. NUMBER OF MOTOR VEHICLES RECOVERED (a) Stolen Locally And Recovered Locally 91 City of Southlake,Texas MEMORANDUM February 11, 1998 TO: Billy Campbell, Director, Public Safety FROM: Gary Gregg, Deputy Director, Police Services SUBJECT: 1997 UCR Sexual Assaults This is the disposition of the six rapes reported during 1997 Offense Number Offense Status 972137 Aggravated Sexual Assault Suspect committed suicide 975687 Aggravated Sexual Assault Suspended, victim never repeated details to anyone else 975715 Aggravated Sexual Assault No billed by Grand Jury 977676 Aggravated Sexual Assault Unfounded 972868 Sexual Assault Complainant waived prosecution, all parties intoxicated 9712706 Sexual Assault Actor and victim both 15, no prosecution desired due to consenualness If you have any questions, please do not hesitate to contact me. GG/gg C:\W P W lN60\W PDOCS\MEMO\MEM0253.DOC' C City of Southiake,Texas MEMORANDUM February 12, 1998 TO: Shana Yelverton, Assistant City Manager FROM: Billy Campbell, Director Public Safety SUBJECT: Award of Two Officers Under the COPS Grant Program The Southlake Department of Public Safety received notice we have been awarded a $150,000 grant from the U.S. Department of Justice for the hiring of two police officers under the COPS Universal Hiring Grant Program. The City Council adopted Resolution 97-74 authorizing the grant application in December 1997, and the award was approved to begin retroactive to January 1, 1998. A copy of the memorandum from Administrative Coordinator Jackson is attached. The grant provides funding of the basic salary costs for police personnel at decreasing increments over a three year period. The first year provides 90% of the salary costs, followed by 75%in year two and 60% in year three, up to a maximum of$75,000 total per officer over the life of the grant. This allows for minimal budgetary expenditures during the current fiscal year. We are prepared to proceed with the hiring process, and I am available for any additional questions or comments. 6C BC/mwj L F City of Southlake,Texas MEMORANDUM February 3, 1998 TO: Billy Campbell, Director Public Safety FROM: Malcolm Jackson, Administrative Coordinator SUBJECT: Award of$150,000 COPS Grant Southlake DPS has received written notification that we have been awarded a$150,000 grant to employee two additional "community policing" officers. The date of the grant start is retroactive to January 1, 1998. These positions are for uniformed police officers. To the best of my knowledge, these positions are not currently included in the 1997-98 budget. However, the grant requires that the funding be provided at decreasing increments over a three-year period. The first year funding would support approximately 90% of the salary costs, thereby minimizing the impact on the current budget. We have three applicants remaining on our existing eligibility list of police hiring, and are ready to conduct background checks. Please advise how and when you wish to move on this issue. I am available for any additional questions or comments. MWJ/mwj cc: Garland Wilson, Deputy Director Fire Services Gary Gregg, Deputy Director Police Services L NEWS CLIPPING Source: The Business Press DATE: Week of January 29. 1998 L Bank of ConiñlerClipläflSflëVifSóUthläkë branch _ . h.Y� - `"The Colle lle-Gra vine-Southlake going in there.M •answer is, `not one bit.' By BELINDA MILUS :. Y�.. ._ Pe 8 8 : . Y I THE BUSINESS PRESS market is a rapidly growing area," Gray We're a different kind of bank.We can of- said. "We were determined not to go out fer the kind of personal contact that a lot of SOUTHLAKE of Commerce will there until we found what we thought was individuals and businesses are looking for venture outside Fort Worth for the fast time a premier location. We think if you're go- in a bank." this spring and,join the,competition in ing to be in the Northeast Tarrant County Gray expects the competition to be fierce Northeast Tarrant County with a full-ser- 1 market, you have to be in the general area but believes the market's growth will ac- vice branch and motor bank at Byron of Highway 114." commodate newcomers to the area,he said. Nelson Parkway and Sout lake Boulevard. The new branch will-have a six-person "I believe there is room for us out there," The Fort Worth-based bank which has staff,led by Karin Newell,branch manager he said."I think we're going to do OK." downtown;Fossil Creek and"Cityview-fa- Newell has begun calling on customers in Since 1994,at least one new bank branch cilities—is expected to open itsnew branch the area to develop a base of business for a year has'opened in Southlake.Last year by April 1.The building is located on a pad the new branch,she said. North Richland Hills-based Liberty Bank site at a new retail development. Bank of "I'm already talking to businesses that opened a branch facility.In addition to Bank Commerce President Gene Gray said the lo- are glad we're coming to Southlake," she of Commerce, Chase Bank Texas — for- cation was a key factor in selecting ,said."I've been asked if I was afraid about merly Texas Commerce Bank — is ex- Southlake. going into Southlake with all the new banks pected to open a location this spring. L "Ace16 THE BUSlNBSS pRgS c,, AR T Co arrant •,,.r,.l.. Rooked number rge r;tebuilde nom is Timms tj5 sodas otherwise noted • L Ranh guilder name,an/ Ne•N Mfg For M i1187- a address.►beRr,tom,"-iron/ 1 eff7 r".enue/ lists,go to taWW. ►"1te Neiman el Tow ►anRN starte/I997 crstotn e. Or�rraa•rbrrr 1. M31 0ree 14.PH,into, cala/leted starts production' Irk"range/ o.el all-Ume sy trim Na xvp fi gran foot n Tarrant Coonty Top total"""""live/ P)2)SI{bn(f72)fig 1f a1nMg 7S03a C s' Ma easplyees Primary p.web,site c'aFa's x year established Choice Homes- w�NlteteyE4gly c'' -:<I,OOgrI,01T DND/ faJ,DD0.f26e, gfegwlkk area 2. ►o.Bost 173)Og.ieus loc. !N +rodO/ DDW en ArNgbn)f003 1,IS0.],TFp':' Ilse • Richard StronpN{7 ( )6s1-If10,!u(gl1)S{I-►N{ "" +IM Amerman 6 Broad Texas ltd. 950/903 f89 million/ 250, 3. 3611 MMtpeve,M•.101, production 000s-2140.000s/ • (t)I)If7.p)Og,/u 9 IkeR 7f00{ I,O51-3,000 99 Dale leMatter/19g1 Fors s•N alb tsww.Aa (73)I67.07fa, MwwReld,Kwn �• Drees Coster*/onsesf ram~Iem 90071Ma DND/ $60,D00•.a17Q,11pps/ Denton,gt.leson 4. IS21 N.Cooper, •-- s. ',L - wortwombi production 100 N•.500,Arlin 1,150.1,170 �rar7,0assW1,99f !'. (1117)1{f-1991,la" 1,9 7f011 Fat[ (a17)IN-1N{,web site a'ww.dreesAemes.<em 685/S50' fl is mill Centex Moues Ion/ f 150,0004400.000/ 5, 700 Nlghland.r gird.,Ne.IN, custom 2.003-4.000 95 (t11)1{7.5711,lam al Arlington)f01f M ohael J.Ns�ry/192e Fort Worth/Dallas ( >)If7.1]g6 115/J70 $41 ml$Ia, Mrd..Arlington, D.R.Norton Inc, f110,990.f IS1.00y 6. 1901 Ascension Blvd„Arlington 7600{ production 13DD 3,fso 118 Fort weryk (817)856-8200,Ian(g17)gf6.gy6 web site www,drherton,<em Jos Arcist/1913 Ssahwsv,Ke1er. David WeeYle)Moon 110/J36 f1)minion/ f90,D00-f30p,000/ Grand prairie,Crow* lder '. 'OIO)UI]Fg11 p�,N•.III1,Dallas)Sy1 -•. - Moductuoru LIDD-1.200 BD web 7 ld(f kleylm-ft Todd HortoN197B �bN weY altewww,diadN..14 Nit a,. Sovereign Homes yYM um '•• 10W354 $65.6 rrdNksN f 109, + - production 99D•f]75.990/ . 8. gN0 Walnut N01 lane.Dallas 7S3)1 1.7so Laoo 55 .Colorado, (111)J61d2il.la"(3N - - �kJ•Moore/1978 orth Cram 1 7{Id)q.w"►site www.uvadgnhomee.com 38W325 f61.5 mill Honda. Highland Homes kW 51 IO.DDO•f350,00W Tennessee 9. I1gS0 Nllkrest Nis.300,0 ... production 1400-IS00 30 (972)387.7,05,lam(111)317411N Torts Watson/ Fort WortNDaNas Mister Na 300/200 f2l million/ 2113.000-2160.000/ MnroWes 9. 3939 W. her Nooses production Green Oaks Blvd..No,30{,Arlington If01{ I,lOp.., . JD god Sa^d•tV1966 Fort (817)Q9•g00g..k(117)44646116,.,204,web see Worth/Dallas 0ehan Homes wtrsr.Alsterymaheccsm 700/219 ONO/ "'s r Metropka f75,000-f125,000/ 11. I101 N.Unlen b production 1.100.2.860 25.30 g 972 wet'No.160,Irving IS061 Tan MkchNUl9/9 ( 1 SIf-SO{{.lax(972)Slf-Iflf .._.. • .. ..__ - Tarrant County .f Fo"{Jatebs 250/171 fp'od minion/ f.0 12. lg00 Srr•epr Blvd..Carrollton 75006 production l.wa3,000 23 Fort Worth, (971)Ili-1447,fax(971)417.0420 Tun Cieha'd1992 South 182/69 $6.21 million/ Arlington. Pierce Homes Inc, f71,99p-f 120,990/ Sagksaw 13. 16IIS Addison Read,No. Production 1,261-2,909 7 t«Tiwm 971 )lip- 170,Dallas 7S31g pson/DND Fort Worth/Dallas ( ) 3000,las(971)380-4021,web sitewsw,,,.e.. drwem• -• 174"I°' 50 ur+f Metropks 14Mercedes Homes Inc. -. .f3amWeri/• SISQ01A•I,Orlon/•A.ay."""' . IH9/lung Ad.,No. custom 2,Sao W 7 . (972)910-9J00,la"110.Farmers Branch 75234 Hershel Pi rce/1959 Arrant Denton, (972)910.9303 -I., ..'... 163/I B 3.I3 m01bn/ 298,000- ^°'• Collin counties Sutter Nomes Inc.dba McBee Cvstem production -3.26000/ 15. )S37 N,W,loop 010,F Nemes I,I50-3,I6o DND Dean Burs"(817)61{•2f00, ert 26-14 7f13S Ise"/1981 Florida and Texas lu(117)i2f-1{6a, ISONI f9 million/ .. J.N.Nunemrller Momes ac production sI00,W0-f2S0,00q/ 1 s. 6001 Meadewslde hall, 1.600 3,600 Ig (gi7)119.6f00,fax(all)/lg Arlington 74017 Mead MCBW1978 Northwest 61{3 II0/DND DND/ f)5.000- - ,. Tarrant County Steve Mawklns Custom Msmes Inc, production f250,Opp/ ' 16. ►0.ge"1{712,iert W r LSoo-I,ppp DND James Hu a nunoN (gi7)7)7-It1{,fax a eh 7fl{2 Arrant and (817)7]7.1a5a • OND lions ons f 11 million/ surrounding counties Ierry Homes - - fI0p,D00•fIS0,00W 18. ►er 1e")4706, ..• toucan 1.800-6.oao to Houston 77234' -� Steve Haw'kins/1979 Tarrant County (a17)19a-31S5,fax(g17 Ifa. - 6635,web site www.perryhemes.cesn 109/85 DND/ f130,fandiln Cos. production 000-f390,000/ 19. 5137 Davis Bled„ I,BOp-7,100 DND Gordon Wakefiey/1967 gi7 Fort Werth'COO OND ( )281.3509,fair(817)656-0719,"•mall mike@sandlln.cem 98/58 $9.9 mlNiay Custom 6saign Nemes 2100,000-f350,000/ 2.0. 7g01"most Iface,North Richland Hills 76180 <"'t°m I,DDo I,Sao 11 Mike f17 ffa• Sandird1957 Tarrant County ( ) f810,fax(117)656-0952 80/53 $8.5 mill' Woodhaven Homes 1O1/ 2I10,000-fI10,000/ 21 a 2501 Oak Lawn, custom 2,000-2,600 6 Dallas 7SIN Marvin SmitN1990 Northeast (Iq)fff-NN,fax(III)fHd20S • A^ant County 75/39 $3.9 million/ $70,000-2 160.000/ Margotse Nemes Inc production 1,300•),?pp- • s 22. 3310 NkAlgan Court,Arlington 76016 Rklurd Laxtnr/1992 Fort WortNDaNaz (817)µ9.1713,lax(817)861-9177 M°tr'oWe" Maverick 60/72 $13.6 million/ $90,000-2800.000/ 23. P.O.1e"us.cosmmes os Ile 7f03 leo A. �hoe' custom I,gOp/9,00p 15 (a17)pf-37)1,fax gin Jenkino 98, Tarrant County and u(al7)1]fJ1a6 58/35 surrounding areas DND/custom f 120,000-S700.000/ a9 Alamo C"stem arllders Inc, 4 24. ►la goo 11765,Fort Werth){117 l e00 6,000lee A.Htughes/1636 Northeast (II?)2Sl.57S9,lad(817)281.0731 55/45 f1.28 million/• „ Tarrant County Citation RUMP Inc S80,D00-f I50,000/ custom 1,250 up 3 5. 1110 S.Airport Code,No,120,Edess 7{010 • Davy Pokluda/1966 Northeast (817)858-6705,lax(117)245•{70S - ` Tarrant County 30/22 DND/ $70.000-295.000/ ftoneweed Herres production 1,250-)p50 3 26. 1101 W."teen Oa s Greg Rohland/1996 (017)57l-I{J3, West,No.111,Arlington 76016 Tarrant County web site wwwatenewoodhemes.<om 24/8 $1.84 million/ f135,000- 27Calah Custom Homes custom 52 0 000/ . I90.0 W Northwest►arkwa, 2.200-1,200 2 Mike Th utchly/lose Tarrant and (ail)µ1-N26,fax 817 7 Sevthla!"7{092 s.- surrounding counties ( I III-ONI 20/15 56.5 millias/ f300,NOTES:Did na. toucan 000-f800,00p/ Todd B.Handwork/ piker Co.Inc..Not 2tp5 ej'press time:Hammonds Homes.No.1 I r 3.000-6.500 5 Northeast Some production —The Iwikk.s designated whether they a clin�telrr,or General Homes_Worth-Dallas 12:Emgee Ho Inc.No.2 builders No.N:and Ned 19µ Tarrant County Homes OND builders oho do some sem.Mtom building, _includes information builders.U cost Manchester Custom Hanes Inc.. did not disckne ormation rot F or* Dallx xea —Corp,,,,headquarters t build more than 25-50 homes SOURCES:The builders —Formerly known x Monte RESEARCHER:Valerie E.Rowe 00 C1 C\ c . o 0 , i.l.„ .d 0 cn a. N gE N53 ck a y B 8 �; '`� Hw wM � 2 ;. Roa 8 8OS U 64 c: to 0a'a w CNI Q U S � U N A O.§ 0 w Vey = 4.1 E-4 O w. P P. M N W & 8Ad � sQ 1 A Q 8 � N ' NZ . w i § .58 w a el cck,i. N-1 .g �+ pao aao b0 Il m gfxU 8U88U oo ,o r c� Cy •N of 4 w 00 0 CIS o ...44 1 � c#5 0 ." v 2 8 Mux 8U cz o: tz i7 8 >" o 00 0 .-i y U yai5U a °� a. ° U 0 .aI,o b4 8 8 . 0 8 00 U ® 4.+ >+ 1g. 8 W O a14. A. = .G Q U N tn '^ 0 O = H o w � x w U $ u: U M $ 2'' x .� �' 2 A axis U �' a� aa.vci 88 � o M82 `',� "' 80 > �o -� W City of Southlake,Texas COUNCILMEMBERS: I REGRET THAT DUE TO AN "ERROR" BEYOND MY CONTROL, THE MINUTES OF THE CITY COUNCIL MEETING OF FEBRUARY 3, 1998 ARE NOT AVAILABLE FOR THE PACKETS. I WILL TRY TO HAVE THEM FOR YOU ON MONDAY. SANDY Cr ' GENERAL FUND Statement of Revenues,Expenditures and Changes in Fund Balance for the period ended January 31, 1998 (1111re with comparative actual amounts for the period ended January 31, 1997 (fiscal month 4-33.33%) Adopted Percen Actual Percent Month Year to Date 1997/98 Collected Year to Date Total Collected/ REVENUES 4: 1997/98 Budget . a a 1/31/97 9/30/97 Expended Ad Valorem Taxes $1,980,212 $2,685,996 $4,036,234 66.5% $2,495,657 $3,464,260 72.0% Sales Tax 163,871 594,699 2,717,500 21.9% 412,343 1,930,016 21.4% Franchise Fees 181,622 561,742 801,030 70.1% 654,736 899,600 72.8% Fines 36,063 202,725 515,300 39.3% 129,677 526,967 24.6% Charges for Services 31,095 123,580 551,550 22.4% 77,977 337,886 23.1% Permits/Fees 195,671 713,263 2,264,710 31.5% 690,966 2,549,285 27.1% Miscellaneous 7,151 25,095 113,975 22.0% 35,988 172,956 20.8% Interest Income 14.723 42.740 155.000 27.6% 59.942 185.630 32.3% Total Revenues $2,610,408 $4,949,840 $11,155,299 44.4% $4,557,286 $10,066,600 45.3% EXPENDITURES City Secretary $16,185 $70,060 $237,412 29.5% $91,157 $242,576 37.6% Human Resources 19,980 67,271 168,488 39.9% 29,184 144,948 0.0% City Manager 24,201 107,186 350,120 30.6% 149,979 499,981 30.0% Support Services 137,687 504,178 1,210,601 41.6% 433,199 1,346,068 32.2% Community Services 19.591 122.702 360.113 34.1% Q Q 0.0% subtotal-General Govt.Dept. 217.644 871.397 2.326.734 37.5% 703.519 2.233.573 31.5% Finance 34,530 132,547 410,436 32.3% 149,142 418,018 35.7% Municipal Court 20,513 83,565 276,930 30.2% 65,747 253,010 26.0% Municipal Court-Teen Court 4.503 17.576 54.609 32.2% 14.641 48.328 30.3% subtotal-Finance Dept. 59.546 233.688 741.975 31.5% 229.530 719.356 31.9% Fire 155,323 564,672 1,527,724 37.0% 354,360 1,460,111 24.3% Police 229,789 893,073 2,600,413 34.3% 678,732 2,242,915 30.3% Lc Safety Support 88.308 314.001 982.880 31.9% 322.002 1.002.714 32.1% tal-Public Safety Dept. 473.420 1.771.746 5.111.017 34.7% 1.355.094 4.705.740 28.8% ing 35,574 150,300 587,485 25.6% 169,565 474,511 35.7% Streets/Drainage 61,494 228,840 911,629 25.1% 204,756 941,843 21.7% Public Works Administration 71.904 260.337 856.528 30.4% 223.222 650.360 34.3% subtotal-Public Works Dept. 168.972 639.477 2.355.642 27.1% 597.543 2.066.714 28.9% Parks and Recreation Dept. 77.767 322.150 1.301.738 24.7% 257.157 1.013.014 25.4% Community Development 35,551 144,981 555,593 26.1% 158,957 463,551 34.3% Economic Development 6.936 31.179 114.285 27.3% 21.207 90.319 23.5% subtotal-Community Development 42.487 176.160 669.878 26.3% 180.164 553.870 32.5% Pay Plan Implementation Q Q 285.409 0.0% Q Q 0.0% Total Expenditures $1.039.831 $4.014.618 $12.792.393 31.4% $3.323.007 $11.292.267 29.4% Excess(deficiency)of Revenue over Expenditures $1,570,577 $935,222 ($1,637,094) $1,234,279 ($1,225,667) OTHER FINANCING SOURCES AND(USES) Proceeds from C.O. Sale(net) $0 $0 $715,547 $0 $842,183 Transfer In-Other Funds 175,000 233,333 700,000 0 633,000 Total Other Sources/(Uses) $175,000 $233,333 $1,415,547 $0 $1,475,183 Excess(deficiency)of Revenues/other sources over Exp. $1.745.577 $1.168.555 ($221.5471 $1.234.279 $249.516 FUND BALANCE OCT 1 $2,603,169 $2,603,169 $2,353,653 $2,353,653 Change in reserved fund balance $0 $0 $0 $0 ENDING FUND BALANCE $3.771.724 $2.381.622 $3.587.932 $2.603.169 fund balance percentage 18.6% 23.1% Lve, JAN98.XLS Page 1 WATER AND SEWER ENTERPRISE FUND Comparative Statement of Revenues and Expenses for the period ended January 31, 1998 and January 31, 1997 ce (fiscal month 4-33.33%) Adopted Percen Actual Percent Mon Year to Date 1997/98 Collected Year to Date Total Collected/ REVENUES 1997/98 Budget ',a.... 1/31/97 9/30/97 EApgndixl Water Sales-residential $270,299 $1,462,197 $4,887,500 29.9% $1,113,653 $4,425,797 25.2% Water Sales-commercial 49,857 260,850 701,500 37.2% 191,753 657,807 29.2% Sewer Sales 73,682 317,196 920,000 34.5% 252,785 811,624 31.1% Sanitation Sales 46,463 197,696 534,000 37.0% 169,252 508,224 33.3% Other utility charges 27,508 128,015 359,000 35.7% 125,919 409,950 30.7% Miscellaneous 10,468 14,360 91,600 15.7% 25,492 84,698 30.1% Interest Income 5.251 23.648 77.000 30.7% 33.177 77.196 43.0% Total Revenues $483,528 $2,403,962 $7,570,600 31.8% $1,912,031 $6,975,296 27.4% EXPENSES Water $552,732 $962,824 $4,413,701 21.8% $1,044,561 $3,971,926 26.3% Sewer 65,254 230,903 792,206 29.1% 257,306 727,546 35.4% Pay Plan Implementation 0 0 15,705 0.0% 0 0 0.0% Sanitation 39,928 119,108 500,000 23.8% 106,717 445,205 24.0% Debt Service- Revenue Bonds 356.979 663.642 2.062.490 32.2% 520.794 1.817.529 28.7% Total Expenses $1,014,893 $1,976,477 $7,784,102 25.4% $1,929,378 $6,962,206 27.7% Excess(deficiency)of Revenue over Expenses $427.485 ($213.502) ($17.3471 $13.090 OTHER FINANCING SOURCES AND(USES) Lfer In-Other Funds $69,512 $278,048 $834,145 $232,723 $698,170 fer Out-Other Funds iii (233.3331 (700.000) 4 (633.000) Other Sources/(Uses) ($105,488) $44,715 $134,145 $232,723 $65,170 Excess(deficiency)of Revenues and other sources over Expenses $472.200 ($79.357) $215.376 $78.260 (klirre e - JAN98.XLS Page 2 ,, CITY OF SOUTHLAKE L HISTORICAL SALES TAX REVENUES 1997-98 collected budget balance t>udaet to date mama cei percent $2.715.000 $861.136 31.853.864 68.28% FISCAL FISCAL FISCAL FISCAL FISCAL YEAR %Inc YEAR %Inc YEAR %Inc YEAR %Inc YEAR %Inc MONTH 93/94 -Dec 94/95 -Dec 95/96 -Dec 96-97 -Dec 97-98 -Dec October $99,408 95.1% $89,951 -9.5% S128,689 43.1% $161,892 25.8% $237,164 46.5% November 50,623 20.2% 52,099 2.9% 111,917 114.8% 135,367 21.0% 193,664 43.1% December 70,155 107.3% 67,243 -4.2% 103,975 54.6% 115,084 10.7% 163,871 42.4% January 106,541 57.3% 95,687 -10.2% 140,362 46.7% 198,873 41.7% 266,437 34.0% February 57,839 47.0% 68,015 17.6% 95,269 40.1% 125,671 31.9% 0 -100.0% March 59,378 34.4% 56,600 -4.7% 103,163 82.3% 104,733 1.5% 0 -100.0% April 87,438 27.3% 88,212 0.9% 137,030 55.3% 182,384 33.1% 0 -100.0% May 58,291 6.7% 81,109 39.1% 109,371 34.8% 152,577 39.5% 0 -100.0% *first month of 1/2 cent sales tax June 59,577 14.5% 83,253 39.7% 112,317 34.9% 171,813 53.0% 0 -100.0% July 94,157 16.9% 135,187 43.6% 179,803 33.0% 223,854 24.5% 0 -100.0% August 58,980 22.1% 109,584 85.8% 132,367 20.8% 184,851 39.7% 0 -100.0% September 75.228 38.3% 106.563 41.7% 122.445 14.9% 173.917 42.0% 0 -100.0% (Ile $877,615 37.8% $1,033,502 17.8% $1,476,708 42.9% $1,931,017 30.8% $861,136 189.7% SOUTHLAKE PARKS DEVELOPMENT CORPORATION 1997-98 collected budget balance budget to date balance percent $1.357.500 $430,568 $926.932 68.28% FISCAL FISCAL FISCAL FISCAL FISCAL YEAR %Inc YEAR %Inc YEAR %Inc YEAR %Inc YEAR %Inc MONTH 93/94 -Dec 94/95 -Dec 95/96 -Dec 96-97 -Dec 97-98 -Dec October $0 n/a $44,975 n/a $64,344 43.1% $80,946 25.8% $118,582 46.5% November 0 n/a 26,049 n/a 55,958 114.8% 67,684 21.0% 96,832 43.1% December 0 n/a 33,622 n/a 51,987 54.6% 57,542 10.7% 81,935 42.4% January 0 n/a 47,843 n/a 70,181 46.7% 99,437 41.7% 133,219 34.0% February 0 n/a 34,007 n/a 47,635 40.1% 62,836 31.9% 0 -100.0% March 0 n/a 28,300 n/a 51,581 82.3% 52,366 1.5% 0 -100.0% April 0 n/a 44,106 n/a 68,515 55.3% 91,192 33.1% 0 -100.0% May 29,145 n/a 40,554 39.1% 54,686 34.8% 76,289 39.5% 0 -100.0% June 29,788 n/a 41,627 39.7% 56,159 34.9% 85,906 53.0% 0 -100.0% JuIV 47,079 n/a 67,593 43.6% 89,901 33.0% 111,927 24.5% 0 -100.0% CI 29,490 n/a 54,792 85.8% 66,184 20.8% 92,426 39.7% 0 -100.0% September 37.614 n/a 53,282 41.7% 61.223 14.9% 86.958 42.0% 0 -100.0% TOTAL $173,116 n/a $516,751 198.5% $738,354 42.9% $965,508 30.8% $430,568 189.7% �.5�'-3 2/13/98 SLSTX98.XLS • CITY OF SOUTHLAKE kliimie Sales Tax Analysis FY1997-98 Actual Budget Actual Estimated (budget-est.) % �i QOiti 1996-97 1997-98 1997-98 1997-98 Difference Chanae October 161,892 211,176 237,164 237,164 25,988 12.31% November 135,367 180,672 193,664 193,664 12,992 7.19% December 115,084 157,347 163,871 163,871 6,524 4.15% January 198,873 253,704 266,437 266,437 12,733 5.02% February 125,671 169,522 0 169,522 0 0.00% March 104,733 145,443 0 145,443 0 0.00% April 182,384 234,742 0 234,742 0 0.00% May 152,577 200,464 0 200,464 0 0.00% June 171,813 222,585 0 222,585 0 0.00% July 223,854 282,432 0 282,432 0 0.00% August 184,851 333,186 0 333,186 0 0.00% September 173,917 323.729 Q 323.729 Q 0.00% 1,931,016 2,715,000 861,136 2,773,238 58,238 2.15% 40.60% 43.62% Southlake Parks Development Corporation 1/2 cent sales tax Actual Budget Actual Estimated (budget-est.) % 1996-97 1997-98 1997-98 1997-98 Difference Chance October 80,946 105,588 118,582 118,582 12,994 12.31% November 67,684 90,336 96,832 96,832 6,496 7.19% December 57,542 78,673 81,935 81,935 3,262 4.15% cry 99,437 126,852 133,219 133,219 6,367 5.02% ary 62,836 84,761 0 84,761 0 0.00% I 52,367 72,721 0 72,721 0 0.00% 91,192 117,371 0 117,371 0 0.00% May 76,289 100,232 0 100,232 0 0.00% June 85,907 111,292 0 111,292 0 0.00% July 111,927 141,216 0 141,216 0 0.00% August 92,426 166,593 0 166,593 0 0.00% September 86.959 161.864 0 161.864 0 0.00% 965,508 1,357,500 430,568 1,386,619 29,119 2.15% 40.60% 43.62% (Iliii.,, 2/13/98 SLSTX98.XLS City of Southlake, Texas — -- (ow MEMORANDUM February 13, 1998 TO: Curtis E. Hawk, City Manager FROM: Ron Harper, City Engineer SUBJECT: Authorize the Mayor to Enter into a Commercial Developer Agreement with Southlake Church of Christ, Located at 2501 W. Southlake Blvd. BACKGROUND Attached is the Commercial Developer Agreement for Southlake Church of Christ. The usual requirements for performance bonds, letters of credit or cash escrow, and indemnification are incorporated in the Agreement. This is a standard Developer Agreement with no modifications. I. On-Site Water This Agreement is only for the extension of a water line to be constructed within an utility easement. RECOMMENDATION Staff's recommendation is to place the Commercial Developer Agreement Southlake Church of Christ on the Regular City Council Agenda for February 17, 1998, for City Council review and cons' eration. RH/ls Attachments: Commercial Developer Agreement Plat Revision Exhibit M:\WP-FILES\COMMERCI\SL-CHRIS\DA-MEM.WPD L 5A-1 SOUTHLAKE CHURCH OF CHRIST COMMERCIAL DEVELOPERS AGREEMENT 02/13198 An Agreement between the City of Southlake, Texas, hereinafter referred to as the City, and the undersigned Developer, hereinafter referred to as the Developer, of Southlake Church of Christ, to the City of Southlake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to Southlake Church of Christ (a commercial development) and to the off-site improvements necessary to support the subdivision. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. The Developer will present to the City either a cash escrow, Letter of Credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the public facilities to be constructed by the Developer, and providing for °r-- payment to the City of such amounts, up to the total remaining amounts required for the completion of the subdivision if the Developer fails to complete the work within two (2) years of the signing of this Agreement between the City and Developer. All bonds should be approved by a Best-rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letter of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance and payment bond, letter of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. C. The Developer agrees to furnish to the City maintenance bonds, letter of credit or cash escrow amounting to 20% of the cost of construction of underground public utilities . These maintenance bonds, letter of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final City acceptance of the subdivision. The maintenance bonds, letter of credit or cash escrow will be supplied to the City by the contractors performing the work, and 5A-2 the City will be named as the beneficiary if the contractors fail to perform any required maintenance. D. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove, which are intended to be public facilities, shall be vested in the City of Southlake and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities for this provision and for the entir e Agreement shall occur at such time that City, through its City Manager or his duly appointed representative, provides Developer with a written acknowledgment that all facilities are complete, have been inspected and approved and are being accepted by the City. E. On all public facilities included in this Agreement for which Developer awards his own construction contract, the Developer agrees to the following procedure: 1. To pay to the City three (3%) percent of the construction cost for inspection fees of the public water, streets, drainage facilities, and sanitary sewer. `-- 2. To pay to the City two (2%) percent of the construction cost for Administrative Processing Fee for public water, streets, drainage facilities, and sanitary sewer. It is agreed by both the City and the Developer that the City will pay the following testing fees and the Developer will be responsible to pay for all other testing fees required by the City not listed below: a) All nuclear density tests on the roadway subgrade (95% Standard). Trench testing (95% Standard) shall be paid by the Developer; b) All gradation tests required to insure proper cement and/or lime stabilization; c) Technicians time for preparing concrete cylinders; d) Concrete cylinder tests and concrete coring samples. Charges for retesting as a result of failed tests will be paid by the Developer. Fees are payable prior to construction of each phase, based on actual bid construction costs. The Developer will be responsible to pay for all inspection fees when inspection is required on Saturday or Sunday. These fees are considered 5A-3 over and above the 3% inspection fee as stated above. Acceptance of the project will not be given until all inspection fees are paid. 3. To delay connection of buildings to service lines or water mains constructed under this contract until said water mains and service lines hav e been completed to the satisfaction of and accepted by the City. F. The Developer will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen (15) days written notice, should the Developer fail in this responsibility, the City may contract for this service and bill the Developer for reasonable costs. Such amount shall become a lien upon all real property of the subdivision so maintained by the City, and not previously conveyed to other third parties, 120 days after Developer has notice of costs. G. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. `-- H. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. The Developer agrees to fully comply with the terms and conditions of all other applicable development regulations and ordinances of the City of Southlake. J. The Developer agrees that the completed project will be constructed in conformance with the Development Site Plan, Construction Plans and other permits or regulatory authorizations granted by the City during the development review process. II. FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Sdu "2 C � Irrt°c`h-of Ch tstIto the City of Southlake. Water 5A-4 facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City of Southlake requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of buildings, even though sanitary sewer service may not be available to the buildings. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, released by the City Engineer, the City, and made part of the final plat as approved by the City Council. The developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. �-- C. STREETS: (If applicable) 1. The street construction in the Addition shall conform to the requirements in Ordinance No. 217. Streets will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City Engineer. 2. The Developer will be responsible for: a)Installation and two year operation cost of street lights,which is payable to the City prior to final acceptance of the Addition; b) Installation of all street signs designating the names of the streets inside the subdivision,said signs to be of a type,size,color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances: c) Installation of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as directed by the Director of Public Works.It is understood that Developer may put in signage having unique architectural features,however,should the signs be moved or destroyed by any means the City is only responsible for replacement of standard signage. 3. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying 5A-5 with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre-planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. D. EROSION CONTROL: During construction of the subdivision and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the `�- Director of Public Works a soil control development plan that will be implemented for this subdivision. When in the opinion of the Director of Public Works there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the affected areas. If the Developer does not remove the soil within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the subdivision at the contractor's expense. All fees owed to the City will be collected prior to acceptance of the subdivision. E. USE OF PUBLIC RIGHT-OF-WAY: It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer understands that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these 5A-6 improvements and the Developer shall, at his own cost and expense, defend and protect City against all such claims and demands. F. START OF CONSTRUCTION: Before the construction of the water, sewer, streets or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds submitted to the City in the name of the City prior to the commencement of any work. 2. At least five (5) sets of construction plans stamped "Released for Construction" by the City Engineer. 3. All fees required by the City to be paid to the City. 4. The Developer, or Contractor shall furnish to the City a policy of general liability insurance. III. GENERAL PROVISIONS: A. INDEMNIFICATION DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES • HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS),ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,MAINTENANCE,OCCUPANCY,USE,EXISTENCE OR LOCATION OF SAID IMPROVEMENT OR IMPROVEMENTS, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. DEVELOPER AGREES TO INDEMNIFY THE CITY,ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES,CLAIMS OR LIABILITIES ARISING 5A-7 FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this Agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's �..- designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings bought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgements which may be incurred by or rendered against them or any of them in connection with herewith. D. This Agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this Agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public projects and to be qualified in all respects to bid on public projects and to be qualified in all respects to bid on public projects of a similar nature. In addition, the Developer, or Contractor shall furnish the payment and performance bonds in the name of the City prior to the commencement of any 5A-8 work hereunder and shall also furnish to the City a policy of general liability insurance. F. Work performed under the Agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw down on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this Agreement shall have started within the two (2) year period, the City may agree to renew the Agreement with such renewed Agreement to be in compliance with the City policies in effect at that time. IV. OTHER ISSUES: A. PARK FEES: Not.Applicable cost of Park Fcc to $. B. TREE PRESERVATION ORDINANCE: All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER:: By: Title: Address: Date: 5A-9 ATTEST: Notary Public Type or Print Notary Name My Commission Expires CITY OF SOUTHLAKE, TEXAS By: Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: 5A-10 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit (L of C) must have a duration of at least one year. 2. The L of C may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The L of C must be issued by an FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The L of C must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against L of C must be permitted. ..- 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining L of C. 9. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days prior to the expiration date on the L of C held by the City. M:\WP-FQ.ESCOMMF CRSL-CHRISDEV-AGRWPD 5A-11 L66l S Z 9nV C.3 J •.o-int'am N,... a i :tali ft' iP �* t ,.[ t I II - kill IC 11 �'I 1�1 ]L ..1 it . 2 fl , ' 1 " s) 111.e , ��� }�� t : :1!; : !f1 11 f! � s i( t! ii ' 1j1 1 t t ''!1•(I1 ! i1Ii ii f + f :1i' ii 2►} # 1ifII _ } l� .i , �.t1 ti! , 6k'' ii tjI1I1 ! ! ! ! if1fi # ; -- 11,y/int /i 'f if ' !� 1 � s - Ii1i iI '' 1 l r ••i .ili 9` i ' ? id i t it,r 1! Yi!1! i1I�s :' II; Pi !} h 1;! !I !: ! ! i 6! allfi i i! fii , e!: :4: i 2` ,-~~�a i CSEEE ,tEi i.�i�fiitl1 i� �� ii. �s 11 1�; �s ll 1 I 1 it il�i�: I, sd �/ li;i ;< <i I: l ;; ;.. -z ii.fl. c1 t �I �e RH I ill; 3 1 0 : '11 4.1 ji' �f.1.;• 2 5 I 11 5 1 1 . . `s i g I III sat !Ill i �-- -_ -- - • - -- 1111� 1 1 ?II!' Ss \ .: —J \\ 1 I i_ - ►i= i - I i, a 5 I t g;I - p g Il Ili 1 h; �g� !:,IL a. 1 \ \ i pp '� I \ ...4,1 ( , �• �" 1� r. I I i 'l ` ` 4. 11 1 1 1 1 1 l 1 1 I�. "", I, \ A. i I ‘1 kli 1 __ I I( , 111i II1l / i . i i iIl kI\ I1\ [fir li \ \ UIi :a1 I I \ LI II Ili . i Lg 1 ----- ` I I- 5A-12 P A City of Southlake,Texas MEMORANDUM February 13, 1998 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Acting Parks and Recreation Director SUBJECT: Authorize the Mayor to enter into a lease agreement with the US Army Corps of Engineers for land adjacent to Bob Jones Park As you are aware, part of the master plans for Bob Jones Park included the use of the adjacent Corps of Engineers land. We have been pursuing a long term lease agreement with them and have received their agreement this week. The major points of the agreement are: • Term of 25 years, commencing on January 20, 1998. • The City will submit an annual Plan of Operation and Maintenance, including development and management of the leased property. • Structures may be built on the leased property with approval of the District Engineer. The lease agreement with the Corps is one of the major steps in completing the requirements of the Texas Parks and Wildlife grant for Bob Jones park. The City Attorney is reviewing the lease agreement and should have her review completed by Tuesday's City Council meeting. SPDC will consider this item on their Monday, February 16 meeting. We request you place this item on the February 16 SPDC agenda and the February 17 City Council agenda for consideration. Please contact me or Ben Henry if you have any further questions. KH Attachment: Department of the Army Lease, Walnut Grove Park • NO. DACW63-98-1-0553 DEPARTMENT OF THE ARMY LEASE TO NON-STATE GOVERNMENTAL AGENCIES FOR PUBLIC PARK AND RECREATIONAL PURPOSES WALNUT GROVE PARK GRAPEVINE LAKE TARRANT COUNTY, TEXAS THIS LEASE is made on behalf of the United States, between the SECRETARY OF THE ARMY, hereinafter referred to as the Secretary, and the City of Southlake, Texas, hereinafter referred to as the Lessee, WITNESSETH: That the Secretary, by authority of Title 16, United States Code, Section 460d, and for the consideration hereinafter set forth, hereby leases to the Lessee, the property identified in Exhibits A, B, C, D and E attached hereto and made a part hereof, hereinafter referred to as the premises, for public park and recreational purposes . THIS LEASE is granted subject to the following conditions : 1 . TERM Said premises are hereby leased for a term of 25 years, beginning January 20 , 1998 and ending January 19, 2023 . 2 . CONSIDERATION The consideration for this lease is the operation and maintenance of the premises by the Lessee for the benefit of the United States and the general public in accordance with the conditions herein set forth. 3 . NOTICES All correspondence and notices to be given pursuant to this lease shall be addressed, if to the Lessee, to City of Southiake, ATTN: Park Planning and Construction Superintendent, 667 North Carroll Avenue, Southlake, TX 76092 ; and, if to the United States, to the District Engineer, ATTN: Chief, Real Estate Division, CESWF-RE-M, PO Box 17300, Fort Worth, TX 76102-0300 , or as may from time to time otherwise be directed by the parties . Notice shall be deemed to have been duly given if and when enclosed in a properly sealed envelope, or wrapper, addressed as aforesaid, and deposited, postage prepaid, in a post office regularly maintained by the United States Postal Service . 4 . AUTHORIZED REPRESENTATIVES Except as otherwise specifically provided, any reference herein to "Secretary of the Army, " "District Engineer, " "said officer" or "Lessor" shall include their duly authorized representatives . Any reference to "Lessee" shall include sublessees, assignees, transferees, concessionaires, and its duly authorized representatives . 5 . DEVELOPMENT PLANS The Lessee shall be guided by an annual Plan of Operation and Maintenance in furtherance of the Lessee ' s implementing Plan of Recreation Development and Management (Development Plan) attached as Exhibit F which shows the facilities and services necessary to meet the current and potential public demand and the management and development activities to be undertaken by the Lessee and any sublessees . No later than 20 January of each year the Lessee will submit the annual Plan to be mutually agreed on between the Lessee and the District Engineer. Such annual Plan shall include but is not limited to the following: a. Plans for management, maintenance and development activities to be'-undertaken by the Lessee and any sublessees . b. Report of the management, maintenance and development accomplishments of the Lessee for the preceding year. c . Report on any significant modification of policies or procedures which are planned for the following year as well as those implemented in the preceding year. d. Minor modifications to the Development Plan. Major modifications are to be accomplished by amendment to the Plan before proceeding to implement any changes in the development or management of the leased premises . e . Budget of the Lessee for carrying out all activities for the upcoming year. f . Personnel to be used in the management of the leased premises . g. Annual certification that all water and sanitary systems on the premises have been inspected and comply with Federal, state and local standards . Lessee will also provide a statement of compliance with the Rehabilitations Act and the Americans with Disabilities Act, as required in the condition on NON- DISCRIMINATION, noting any deficiencies and providing a schedule for correction. The use and occupation of the premises shall be subject to the general supervision and approval of the District Engineer. During the term of the lease, the District• Engineer will notify the Lessee of any updates to the existing project Master Plan affecting the premises and the Lessee may provide comments . 6 . STRUCTURES AND EQUIPMENT The Lessee shall have the right, during the term of the lease, to erect such structures and to provide such equipment upon the premises as may be necessary to furnish the facilities and services authorized. Those structures and equipment shall be and remain the property of the Lessee, except as otherwise provided in the Condition on RESTORATION. However, no structures may be erected or altered upon the premises unless and until the type of use, design, and proposed location or alteration thereof shall have been approved in writing by the District Engineer. The District Engineer may require the Lessee, upon the completion of each of the proposed developments to furnish complete "as built" construction plans for all facilities . 7 . APPLICABLE LAWS AND REGULATIONS a. The Lessee shall comply with all applicable Federal laws and regulations and with all applicable laws, ordinances, and regulations of the state, county, and municipality wherein the premises are located, including, but not limited to, those regarding construction, health, safety, food service, water supply, sanitation, use of pesticides, and licenses or permits to do business . The Lessee shall make and enforce such regulations as are necessary and within its legal authority in exercising the privileges granted in this lease, provided that such regulations are not inconsistent with those issued by the Secretary of the Army or with the provisions of 16 U. S. C. § 460d. b. The Lessee will provide an annual certification that all water and sanitary systems on the premises have been inspected and comply with Federal, state and local standards . The Lessee will also provide a statement of compliance with the Rehabilitations Act and the Americans with Disabilities Act, as required in the condition on NON-DISCRIMINATION, noting any deficiencies and providing a schedule for correction. 8 . CONDITION OF PREMISES a. The Lessee acknowledges that it has inspected the premises, knows its condition, and understands that the same is leased without any representations or warranties whatsoever and without obligation on the part of the United States to make any alterations, repairs, or additions thereto. b. As of the date of this lease, an inventory and condition report of all personal property and improvements of the United States included in this lease shall be made by the District Engineer and the Lessee to reflect the condition of said property and improvements . A copy of said report is attached hereto as Exhibit G and made a part hereof . Upon the expiration, revocation, or termination of this lease, another inventory and condition report ,shall be similarly prepared. This report shall constitute the basis for settlement for property damaged or destroyed. Any such property must be either replaced or restored to the condition required by the Condition on PROTECTION OF PROPERTY. 9 . FACILITIES AND SERVICES The Lessee shall provide the facilities and services as agreed upon in the Development Plan referred to in the Condition on DEVELOPMENT PLANS either directly or through subleases or concession agreements that have been reviewed and accepted by the District Engineer. These subleases or agreements shall state : (1) that they are granted subject to the provisions of this lease; and (2) that the agreement will not be effective until the third party activities have been approved by the District Engineer. The Lessee will not allow any third party activities with a rental to the Lessee or prices to the public which would give the third party an undue economic advantage or circumvent the intent of the Development Plan. The rates and prices charged by the Lessee or its sub-lessees or concessionaires shall be reasonable and comparable to rates charged for similar goods and services by others in the area. The use of sub-lessees and concessionaires will not relieve the Lessee from the primary responsibility for ensuring compliance with all of the terms and conditions of this lease . 10 . TRANSFERS, ASSIGNMENTS, SUBLEASES a. Without prior written approval of the District Engineer, the Lessee shall neither transfer nor assign this lease nor sublet the premises or any part thereof, nor grant any interest, privilege, or license whatsoever in connection with this lease. b. The Lessee will not sponsor or participate in timeshare ownership of any structures, facilities, accommodations, or personal property on the premises . The Lessee will not subdivide nor develop the premises into private residential development . 11 . FEES Fees may be charged by the Lessee for the entrance to or use of the premises or any facilities, however, no user fees may be charged by the Lessee or its sub-lessees for use of facilities developed in whole or part with federal funds if a user charge by the Corps of Engineers for the facility would be prohibited under law. 12 . ACCOUNTS, RECORDS AND RECEIPTS All monies received by the Lessee from operations conducted on the premises, including, but not limited to, entrance, admission and user fees and rental or other consideration received from its concessionaires, may be utilized by the Lessee for the administration, maintenance, operation and development of the premises . Beginning 5 years from the date of this lease and continuing at 5-year intervals, any such monies not so utilized or programmed for utilization within a reasonable time shall be paid to the District Engineer. The Lessee shall establish and maintain accurate records and accounts and provide an annual statement of receipts and expenditures to the District Engineer. Annual or weekly entrance fees not collected on the Project, which also are honored at other recreational areas operated by the Lessee, are excluded from this requirement . The District Engineer shall have the right to perform audits or to require the Lessee to audit the records and accounts of the Lessee, third party concessionaires and sub-lessees, in accordance with auditing standards and procedures promulgated by the American Institute of Certified Public Accountants or by the state, and furnish the District Engineer with the results of such an audit . 13 . PROTECTION OF PROPERTY The Lessee shall be responsible for any damage that may be caused to property of the United States by the activities of the Lessee under this lease and shall exercise due diligence in the protection of all property located on the premises against fire or damage from any and all other causes . Any property of the United States damaged or destroyed by the Lessee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the Lessee to the satisfaction of the District Engineer, or, at the election of the District Engineer, reimbursement may be made therefor by the Lessee in an amount necessary to restore or replace the property to a condition satisfactory to the District Engineer. 14 . RIGHT TO ENTER AND FLOOD The right is reserved to the United States, its officers, agents, and employees to enter upon the premises at any time and for any purpose necessary or convenient in connection with L.576 - Government purposes; to make inspections; to remove timber or r.., other material , except property of the Lessee; to flood the premises; to manipulate the level of the lake or pool in any manner whatsoever; and/or to make any other use of the land as may be necessary in connection with project purposes, and the Lessee shall have no claim for damages on account thereof against the United States or any officer, agent, or employee thereof . 15 . LIGHTS, SIGNALS AND NAVIGATION There shall be no unreasonable interference with navigation by the exercise of the privileges granted by this lease . If the display of lights and signals on any work hereby authorized is not otherwise provided for by law, such lights and signals as may be prescribed by the Coast Guard or by the District Engineer shall be installed and maintained by and at the expense of the Lessee . 16 . INSURANCE a. At the commencement of this lease, the Lessee, unless self-insured, and its sub-lessees and concessionaires at the commencement of operating under the terms of this lease as third parties, shall obtain from a reputable insurance company or companies contracts of liability insurance. The insurance shall provide an amount not less than that which is prudent, reasonable and consistent with sound business practices or a minimum Combined Single Limit of $1, 000, 000 . 00 , whichever is greater, for any number of persons or claims arising from any one incident with respect to bodily injuries or death resulting therefrom, property damage, or both, suffered or alleged to have been suffered by any person or persons, resulting from the operations of the Lessee, sub-lessees and concessionaires under the terms of this lease . The Lessee shall require its insurance company to furnish to the District Engineer a copy of the policy or policies, or, if acceptable to the District Engineer, certificates of insurance evidencing the purchase of such insurance . The District Engineer shall have the right to review and revise the amount of minimum liability insurance required. b. The insurance policy or policies shall specifically provide protection appropriate for the types of facilities, services and products involved; and shall provide that the District Engineer be given thirty (30) days notice of any cancellation or change in such insurance . c . In the event the Lessee is self-insured, the Lessee shall certify such self-insurance in writing in the minimum amount specified above to the District Engineer. The Lessee ' s insurance status shall not eliminate the requirement for its sub- lessees and concessionaires to have insurance from a reputable insurance carrier as set out above . d. The District Engineer may require closure of any or all of the premises during any period for which the Lessee and/or its sub-lessees and concessionaires do not have the required insurance coverage . 17 . RESTORATION On or before the expiration of this lease or its termination by the Lessee, the Lessee shall vacate the premises, remove the property of the Lessee, and restore the premises to a condition satisfactory to the District Engineer. If, however, this lease is revoked, the Lessee shall vacate the premises, remove said property therefrom, and restore the premises to the aforesaid condition within such time as the District Engineer may designate . In either event, if the Lessee .shall fail or neglect to remove said property and restore the premises, then, at the option of the District Engineer, said property shall either become the property of the United States without compensation therefor, or the District Engineer may cause the property to be removed and no claim for damages against the United States or its officers or agents shall be created by or made on account of such removal and restoration work. The Lessee shall also pay the United States on demand any sum which may be expended by the United States after the expiration, revocation, or termination of this lease in restoring the premises . 18 . NON-DISCRIMINATION a. The Lesee shall not discriminate against any person or persons or exclude them from participation in the Lessee ' s operations, programs or activities conducted .on the leased premises, because of race, color, religion, sex, age, handicap, or national origin. The Lessee will comply with the Americans L51—? with Disabilities Act and attendant Americans with Disabilities v.... Act Accessibility Guidelines (ADAAG) published by the Architectural And Transportation Barriers Compliance Board. b . The Lessee, by acceptance of this lease, is receiving a type of Federal assistance and, therefore, hereby gives assurance that it will comply with the provisions of Title VI of the Civil Rights Act of 1964 , as amended (42 U. S .C. § 2000d) ; the Age Discrimination Act of 1975 (42 U. S .C. § 6102) ; the Rehabilitation Act of 1973 , as amended (29 U.S. C. § 794) ; and all requirements imposed by or pursuant to the Directive of the Department of Defense (32 CFR Part 300) issued as Department of Defense Directives 5500 . 11 and 1020 . 1, and Army Regulation 600-7 . This assurance shall be binding on the Lessee, its agents, successors, transferees, sub-lessees and assignees . 19 . SUBJECT TO EASEMENTS This lease is subject to all existing easements, easements subsequently granted, and established access routes for roadways and utilities located, or to be located, on the premises, provided that the proposed grant of any new easement or route will be coordinated with the Lessee, and easements will not be granted which will, in the opinion of the District Engineer, interfere with developments, present or proposed, by the Lessee. The Lessee will not close any established access routes without written permission of the District Engineer. 20 . SUBJECT TO MINERAL INTERESTS This lease is subject to all outstanding mineral interests . As to federally owned mineral interests, it is understood that they may be included in present or future mineral leases issued by the Bureau of Land Management (BLM) , which has responsibility for mineral development on Federal lands . The Secretary will provide lease stipulations to BLM for inclusion in such mineral leases that are designed to protect the premises from activities that would interfere with the Lessee ' s operations or would be contrary to local laws . 21 . COMPLIANCE, CLOSURE, REVOCATION AND RELINQUISHMENT a. The Lessee and/or any sub-lessees or licensees are L5:8/0 charged at all times with full knowledge of all the limitations `..� and requirements of this lease, and the necessity for correction of deficiencies, and with compliance with reasonable requests by the District Engineer. This lease may be revoked in the event that the Lessee violates any of the terms and conditions and continues and persists in such non-compliance, or fails to obtain correction of deficiencies by sub-lessees or licensees . The Lessee will be notified of any non-compliance, which notice shall be in writing or shall be confirmed in writing, giving a period of time in which to correct the non-compliance . Failure to satisfactorily correct any substantial or persistent non- compliance within the specified time is grounds for closure of all or part of the premises, temporary suspension of operation, or revocation of the lease, after notice in writing of such intent . Future requests by the Lessee to extend the lease, expand the premises, modify authorized activities, or assign the lease shall take into consideration the Lessee ' s past performance and compliance with the lease terms . b. This lease may be relinquished by the Lessee by giving one (1) year prior written notice to the District Engineer in the manner prescribed in the Condition on NOTICES . 22 . HEALTH AND SAFETY • a. The Lessee shall keep the premises in good order and in a clean, sanitary, and safe condition and shall have the primary responsibility for ensuring that any sub-lessees and concessionaires operate and maintain the premises in such a manner. b. In addition to the rights of revocation for non- compliance, the District Engineer, upon discovery of any hazardous conditions on the premises that presents an immediate threat to health and/or danger to life or property, will so notify the Lessee and will require that the affected part or all of the premises be closed to the public until such condition is corrected and the danger to the public eliminated. If the condition is not corrected within the time specified, the District Engineer will have the option to: (1) correct the hazardous conditions and collect the cost of "repairs from the Lessee; or, (2) revoke the lease. The Lessee and its assignees or sub-lessees shall have no claim for damages against the United 5,6 --// States, or any officer, agent, or employee thereof on account of action taken pursuant to this condition. 23 . PUBLIC USE No attempt shall be made by the Lessee, or any of its sub- lessees or concessionaires, to forbid the full use by the public of the premises and of the water areas of the project, subject, however, to the authority and responsibility of the Lessee to manage the premises and provide safety and security to the visiting public . 24 . PROHIBITED USES a. The Lessee shall not permit gambling on the premises or install or operate, or permit to be installed or operated thereon, any device which is illegal, or use the premises or permit them to be used for any illegal business or purpose . There shall not be conducted on or permitted upon the premises any activity which would constitute a nuisance . b. As an exception, some games of chance, such as raffles, games and sporting events, may be conducted by nonprofit organizations under special use permits issued in conjunction with special events, if permissible by state and local law. Any request to conduct such activities must be submitted in writing to the District Engineer. c . In accordance with state and local laws and regulations, the Lessee may sell, store, or dispense, or permit the sale, storage, or dispensing of beer, malt beverages, light wines or other intoxicating beverages on the premises in those facilities where such service is customarily found. Bar facilities will only be permitted if offered in connection with other a roved activities . Advertising of such beverages outside of buildings is not permitted. Carry out package sales of hard liquor is prohibited. 25 . NATURAL RESOURCES The Lessee shall cut no timber, conduct no mining operations, remove no sand, gravel, or kindred substances from the ground, commit no waste of any kind, nor in any manner 5� /c substantially change the contour or condition of the remi except as may be authorized under and P ses, Plan described in the Condition on DEVELOPMENT PLANS to the Developmente Lessee may salvage fallen or dead timber; however, n herein. The use shall be made of such timber. no commercial pt the Lessee when in the way of construction fof improvements oror timber salvaged by other facilities, all sales of forests or by the United States and the proceeds therefromwshalill lenotnbucted available to the Lessee under the be provisions of this lease . 26 . DISPUTES CLAUSE a. Except as provided in the Contract Disputes Act of 1978 (41 U.S.C. 601-613) (the Act) , es relating to this lease shall bea resolved ll tunderlsing clauthis undue or the provisions of the Act . se and b. "Claim, " as used in this clause, means a written deman or written assertion by the Lessee seekingd matt the payment of money in a sum certain, the ,adjustmenter ofof right, interpretation of lease terms, or other relief arising under relating to this lease . A claim arising under this lease u uor nlike a claim relating to that lease, is a claim that can be resolved under a lease clause that provides for the relief soughted he Lessee . However, a written demand or written assertion byLessee seeking the payment of moneyexceeding e claim under the Act until certified as requiedlby�su0b subparis notagraph a c• (2) below. P g aph c . (1) A claim by the Lessee shall be made in writing and submitted to the District Engineer for a written decision. A claim by the Government against the Lessee shall be subject written decision by the District Engineer. to a (2) For Lessee claims exceeding $100, 000, the Lessee shall submit with the claim a certification that : (i) The claim is made in good faith; (ii) Supporting data are accurate and complete to the best of the Lessee ' s knowledge and belief; and (iii) The amount requested accurately reflects the 376-/3 lease adjustment for which the Lessee believes the Government is liable . (3) If the Lessee is an individual, the certificate shall be executed by that individual . If the Lessee is not an individual, the certification shall be executed by: (i) A senior company official in charge at the Lessee ' s location involved; or (ii) An officer or general partner of the Lessee having overall responsibility of the conduct of the Lessee ' s affairs . d. For Lessee claims of $100, 000 or less, the District Engineer must, if requested in writing by the Lessee, render a decision within 60 days of the request . For Lessee-certified claims over $100, 000, the District Engineer must, within 60 days, decide the claim or notify the Lessee of the date by which the decision will be made. e . The District Engineer' s decision shall be final unless the Lessee appeals or files a suit as provided in the Act . f. At the time a claim by the Lessee is submitted to the District Engineer or a claim by the Government is presented to the Lessee, the parties, by mutual consent, may agree to use alternative means of dispute resolution. When using alternate dispute resolution procedures, any claim, regardless of amount, shall be accompanied by the certificate described in paragraph c. (2) of this clause, and executed in accordance with paragraph c. (3) of this clause. g. The Government shall pay interest on the amount found due and unpaid by the Government from (1) the date the District Engineer received the claim (properly certified if required) , or (2) the date payment otherwise would be due, if that date is later, until the date of payment . Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury, as provided in the Act, which is applicable to the period during which the District Engineer receives the claim, and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim. h. The Lessee shall proceed diligently with the performance of the lease, pending final resolution of any claim, P formance appeal, or action arising under the lease,re �uand compest for ly it any decision of the District Engineer. P Y with 27 . ENVIRONMENTAL PROTECTION a . Within the limits of their respective legal powers, parties to this lease shallthe of its air, protect the project against ground, and water. The Lessee shall comply pollution with any laws, regulations, conditions or instructions promptly the activity hereby authorized, if and when issued by affecting Environmental Protection Agency, t the interstate or local or any Federal, state, abate or governmental agency having jurisdiction to hazardous smaterials n the l lwithiThe disposal of any eased area is spectoxic fically prohibited. Such regulations, conditions, or instructions effect or prescribed by the Environmental Protection Agency, in any Federal, state , interstate or local governmental agency, hereby or made a condition of this lease. shall cY� are all sanitation facilities on boats mooredhatLtheee require facilities, includingLessee ' s discharge into the lake. Services boats, to be sealed against any g Services for waste disposal, including '�•- sewage pump-out of watercraft, shall be provide appropriate. d by the Lessee as P The Lessee shall not discharge waste or effluent from the premises in such a manner that the discharge contaminate streams or other bodies of water or otherwise) a public nuisance . become b. The Lessee will use all reasonable means availab protect the environment and natural resources le to ere damage nonetheless occurs from the lessee ' s activities, Lesseethehsha be liable to restore the damaged resources . shall C. The Lessee must obtain approval in writing from the District Engineer before any pesticides or herbicides are applied to the premises . 28 . PRELIMINARY ASSESSMENT SCREENING A Preliminary Assessment Screening (PAS) documenting the known history of the property with regard to the storage, release or disposal of hazardous substances thereon is attached he reto and made a part hereof as Exhibit H.or termination of this lease, another PAS nshall be eipron, revocation will document the environmental condition of the prerayed which time . A comparison of the two assessments will assist the at that District Engineer in determining any environmental restores requirements . Any such requirements will be completed b raty the lessee in accordance with the condition on RESTORATION. 29 . HISTORIC PRESERVATION The Lessee shall not remove or disturb, or cause or ermi to be removed or disturbed, anyP t architectural or other cultural artifacts, relics,cal, remain objects of antiquity. In the event such items are discovery oro the premises, the Lessee shall immediately notify the Districtr Engineer and protect the site and the material from further disturbance until the District En proceed. Engineer gives clearance to 30 . SOIL AND WATER CONSERVATION The Lessee shall maintain in a manner satisfactory to the District Engineer, all soil and water conservation structures that may be in existence upon said or that mayP premises at the beginning of, be constructed by the Lessee during the term of, this lease, and the Lessee shall take appropriate or control soil erosion within the premises . meayuros to prevent occurring outside the premises resultingthil from the acctivitiesoe the Lessee shall be corrected by the Lessee as directed byf District Engineer. the 31 . TRANSIENT USE a. Camping, including transient trailers or recreational vehicles, at one or more campsites for a period longer than (30) days during thirtyprohibite0)d. any sixty (60) consecutive day The Lessee will maintain a ledger and reservation syd stemsystem for the useof any such campsites . b. Occupying any lands, buildings, .vessels or other facilities within the for the ull- or part-time resPdenceeiss fprohibitedpose ex of maintaining a except for employees residing on the premises for security purposes, if authorized by the District Engineer. 32 . COVENANT AGAINST CONTINGENT FEES The Lessee warrants that :: o been employed or retained to solicitsor secureon or selling agency has agreement or understandingfor this lease upon an brokerage, or contingent fee, excepting a Commission, percentage, bona fide established sellingcommercial or fide employees or by the Lessee for the agencies maintained ach or violation of this warrante �� securing business . right to annul this lease without eliabili States United o itsohar beethe discretion, to re liability or, quire the Lessee to in its dition lease rental or consideration, the fullayamo nt, in of suc to the commission, percentage, brokerage, . h or contingentt fee. 33 . OFFICIALS NOT TO BENEFIT No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or or to any benefits to arise therefrom. part of this lease contained shall be construed to extend tooe nothing ``` company if the herein lease be for the any incorporatedouh corporation or company general benefit of such 34 . MODIFICATIONS This lease contains the entire agreement between the parties hereto, and no modification of this a or waiver, consent hereunder shall be valid unlesseement the same bh in wr or iting signed by the parties to be bound or b representative; and this Y a duly authorized well as all other conditions oflthisonhall leasepply to this clause as 35 . DISCLAIMER UniteThis lease is effective only United States in the premises insofar as the rights of the d h ses are concerned; and the Lessee shall permission as may be re thatetthen r mint of any other existing rights. It is understood lease does not eliminate the necessitygrantg of this of obtaining Department of the Army permit any which may be required pursuant to 5L3 —/7 the provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899 (30 Stat . 1151 ; 33 U.S. C. (33 U. S. § 403) , or Section 404 of the Clean Water Act C• § 1344) . 36 . MAINTENANCE OF EXISTING EQUESTRIAN TRAIL The premises contains an trail . Thep trail shallnt be existing natural surface e lessee to he managed and maintained as equestrian satisfaction of the is by the in the structure District Engineer. procedures , management, operation and/orY of the � changes trail requires written maintenanceomh District Engineer, approval from the 37. APPROVAL, OF DEVELOPMENT AND STRUCTURE S The development and Plan, ttached structures suggested in the Development review hereto, are approved in concept and approval, only of anyby the District and require construction Engineer prior to as set forth in paragraph 6 above initiation 38 . NOTICE Lessee is on NOTICE the premises contains t trash dumps sites : he following a. Site 1, 200 ' creek, (90 feetl 2 west of monument C221-5 bottlesree law g) , contains refrigerator, on chairs small west cans and dry lawnmower and other assorted trash. tiresb Site 2, 50 ' east of monument C254-1 an d contains 4 c. Site 3, 600 ' east of monument C254- car seats, bricks, wood, cans and other assorted trash.1, contans tires, d. Site 4, 700 ' contains concrete east of monument C254-1, co tai and roofing material, (75 ' x 30 ' ) piles of similar material noted 100 ' barrels . Two east of site 4 . e . Site 5, 800 ' east of monument C254-1, contains 30 tires . f. Site 6, 220 ' north of site 7 contains 30 tires . ��-/ Q g. Site 7, 660 ' feet southwest of C254-5, contains 50 tires and a 55 gallon barrel of glass . IN WITNESS WHEREOF I have hereunto set my hand by authority/direction of the Secretary of the Army this day of Hyla J. Head Chief, Real Estate Division THIS LEASE is also executed by the Lessee this day of City of Southlake (Title) V � // CERTIFICATE I , , certify that I am the of the City of Southlake, named as a lessee herein; that , who signed this lease on behalf of the City of Southlake was then of the City of Southlake; and that said lease was duly signed for and in behalf of said Authority of its governing body and is within the scope of its powers . Date City of Southlake LM 0 1 rc--5-- ft arm . Moms., a ilp. 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AHVd 3AO89inNIVM L"3AIE AIINIUI ')180d W13 N3380 NOIN30 3XVq 3NIA3d'.BE) ONV L13AIS AlININI 3 1191HK7- "v-.- d-. rl A I N --- ------- �.. I - - sli� )S-. . ........ SIO's 1, yr ----- ---- LIO-S N SN:I. . ............... SN., . . ..... .... S.— .zz; 3'..16.7;7..: SAX4 ,2n Z '--Sly L S. 3—A"n- r, - " 3.3e>1031 S;-'-W 3.11. 1 :11 --- ------- SM, c7 Cam( ---------------- 5:r Ar a ON303-1 I smov --- wl)!OM lb9a '13ib:S-0 U33s-0r.3 •Nro e •ll. A 7,•:S 2 133✓S S133w5 2 ru )iavd 3AoNE) 1nNlvM 83AIU 111Nitl1 'Yb03 N13 N33bJ NO1N30 lt`T• -• Sl )•f )Sti' .3s soc _... .................t.w..:�. -.cd vsi--..__.... t•)n r...r'vfc r— s._ .......... _.9R>uTJ•CH Y Y ONy 03l } Cit of Southiake smut : -0 te January 14, 1998 Mayor: Rick Stacy Hyla J. Head Mayor Pro Tern: Chief, Real Estate Division W.Ralph Evans Department of the Army Deputy Mayor Pro Tern: Fort Worth District, Corps of Engineers PamelaA.Muller P.O. Box 17300 Fort Worth,Texas 76102-0300 Councilmembers: Wayne Moffat David A.Harris RE: City of Southlake Request for lease, Walnut Grove Park, Grapevine Lake,Tx. Gary Fawks Scott F.Martin Dear Ms. Head: City Manager: Thank you for the prompt attention you have given to the Request for Lease made by the Curtis E.Hawk City of Southlake for a portion of Walnut Grove Park(218 acres, see exhibit `A'). Your Assistant City Manager: letter of January 8, 1998, identified several items in which to respond. Please accept this Shane K.Yelveron letter and attached exhibits that coincide with the format of your request. (110:ecretary: a L.LeGrand a. Plan of Operation and Development Development of the lease area is limited to partial overlapping of two unlighted practice ballfields,an amphitheater,pavilion and day camp facilities, hard and soft trails, a loop road with minimal parking, and improved equestrian trails. (See attached Exhibit 'B' approved budget plan for Phase I, 1998 and II, 1999) Years three through five will address the remaining master plan elements of a Nature Center and additional trails when funding is available. The priority will be dependent on public emphasis and/or successful grant requests. Operation of the expanded park land and facilities will be funded annually by the City of Southlake. The Department of Public Safety is prepared to fund additional security and emergency personnel to manage the expanded facilities. Southlake proposes to operate the park from dawn to dusk and close access after dark. b. Annual Management Plan Maintenance of the lease area will follow the same standards as Bicentennial Park for practice field maintenance,routine mowing and litter control. (imo, EXHIBIT F 5,3 ae 667 North Carroll Avenue • Southlake, Texas 76092 (817) 481-5581 • FAX (817) 488-5097 L The seasonal growth of grass will effect any schedule. However, the high use areas of the practice fields and amphitheater will be mowed bi- weekly. The areas adjoining trails will be kept slightly higher but not to exceed six-inches. A 5-foot to 10-foot strip adjacent to the trails will be mowed and maintained weekly. Litter collection will be made twice per week with sufficient litter barrels strategically placed throughout the park. If litter becomes a problem, we will increase the frequency of collection to whatever level is necessary to maintain a positive appearance. The open areas within the park will be maintained as natural to promote the appreciation of native grasses. (See attached Exhibit 'C' budget for operations and personnel FY 1997-98 approved Parks and Recreation Budget) c. Proof of self-insurance or liability (See attached Exhibit 'D' T.M.L. Declaration of Coverage - Page 1,2) Lar' Development of this project will be financed by our City's half cent sales tax for parks and recreation and a$500,000 grant from Texas Parks and Wildlife Department. The City of Southlake will continue to provide the equipment, manpower and financial resources needed to further the operations and development of Bob Jones Park and the described as attached portion of Walnut Grove Park as funded annually by general funds (ad valorum taxes). Any questions about this response should be directed to Ben Henry, Park Planning and Construction Superintendent, at(817)481-5581 ext. 848. Thank you for your consideration of this response. Sincerely, 41- /1. Ben Henry Park Planning and Construction Superintendent cc: Curtis E. Hawk, City Manager Kim Lenoir, Director Parks and Recreation (or c5"- a 7 . RCS H -r// N rzL. Q > 1 / jY E LU � / J , 0 I S m L GRAPHIC SCALE J o zoo 400 800 w Qc IN FEET I1 inch - 800 f t. I EAST U F Z /r.‘44.1-S I I �wT ~ I � 0 7C I N. .EXHIBIT ; �, oo� PROPOSED LEASE ACREAGE • ae1355,014 PROPOSED PARK SITE POB 22e.00' APPROXIMATELY 218 ACRES 089'S5'.s' `mot o THE CITY OF SOUTHKE Ai IA 2 = z I- �o G�- S� TARRANT COUNTY, TEXAS .o 1 •u 0..- " - - NOVEMBER,1997 , OO Q m 2 a OW =Z ,QO.4 h 9 a �3 ,, SC CHEATHAM AND v ASSOCIATES 1801 E. LAMAR ARLINGTON. TEXAS 78011 (817) 548-0698 Metro (817)285-8838 L Exhibit B BOB JONES PARK CONSTRUCTION (kw TPWD GRANT- PHASE I and II SPDC Approved Budget Plan October 21, 1997 ITEM - Phase One TPWD Grant Cultural Resource Survey 20,000 Construction Plans 45,500 Site Plan 9,000 Pavilion 85,000 Picnic Tables/Grills (15) 19,250 Soccer fields without Lights (2) 93,000 Hike & Bike Trail 128,000 Fishing Dock Foundation 19,250 Ballfield Practice Fields 19,250 Playground - 50% 96,000 Total Grant/City Expense 534,250 ITEM - Phase Two TPWD Grant (6•• Construction Plans 45,500 Picnic Tables/Grills (15) 19,250 Playground - 50% 96,000 • Fishing Dock 19,250 Practice Ballfields - remaining 19,250 Lights for Soccer Fields 35,000 Fishing Pond 102,500 Day Camping Facilities 64,000 Amphitheater 64,000 Program Signage 1,000 Total Grant/City Expense 465,750 GRAND TOTAL S1,000,000 • s (be a L L a) COO CO CC) co Y N. 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I- <Q. -3 O 0 0 0 2 0 a o 6 a 0 0 0 CO 0) CO 5 37 • Exhibit D ENTITY: SOUTHLAKE Contract No . : 4159-97 DECLARATIONS OF COVERAGE LGENERkL LIABILITY LIMITS OF LIABILITY : $ 2, 000, 000 Each Occurrence SUDDEN EVENTS INVOLVING POLLUTION : $ 2, 000, 000 Each Occurrence : $ 4, 000, 000 Annual Aggregate DEDUCTIBLE : $ 2, 500 Each Occurrence ANNUAr, CONTRIBUTION : $ 28, 444 EFFECTIVE DATE 10/01/97 PRO-RATA DUE : $ 28, 444 ANNIVERSARY DATE: 10/01/98 SLAW ENFORCEMENT LIABILITY LIMITS -� T OF LIABILITY : $ 2, 000, 000 Each Occurrence : $ 4, 000, 000 Annual Aggregate DEDUCTIBLE : $ 5, 000 Each Occurrence ANNUAL CONTRIBUTION : $ 27, 985 EFFECTIVE DATE 10/01/97 PRO-RATA DUE : $ 27, 985 ANNIVERSARY DATE: 10/01/98 ERRORS & OMISSIONS LIABILITY - CLAIMS MADE BASIS LIMITS OF LIABILITY : $ 2, 000, 000 Each Wrongful Act : $ 4, 000, 000 Annual Aggregate DEDUCTIBLE : $ 10, 000 Deductible Each Wrongful Act ThNUAL CONTRIBUTION : $ 25, 612 EFFECTIVE DATE 10/01/97 .0-RATA DUE : $ 25, 612 ANNIVERSARY DATE : 10/01/98 RETROACTIVE DATE: 07/16/90 TOTAL LIABILITY CONTRIBUTIONS TOTAL ANNUAL CONTRIBUTION : $ 82, 041 EFFECTIVE DATE : 10/01/97 TOTAL PRO-RATA DUE : $ 82, 041 ANNIVERSARY DATE: 10/01/98 COVERAGE IS CONTINUOUS UNTIL CANCELLED. ANNUAL CONTRIBUTIONS ARE SUBJECT TO ADJUSTMENT EACH YEAR ON THE ANNIVERSARY DATE BASED ON UPDATED EXPOSURE INFORMATION AND CHANGES IN RATING. TEXAS MUNICIPA..L, LEAGUE INTERGOVERNMENTAL RISK POOL 1(601•20/97 PAGE 1 L201 (5,6 3 ENIITY: SOUTHLAKE Contract No. : 4159-z- DECLARATIONS OF COVERAGE 4160,.AOBILE LIABILITY LIMITS OF LIABILITY $2, 000, 000 Each Occurrence AUTO MEDICAL PAYMENT $25, 000 Each Person DEDUCTIBLE • • $2, 500 Each Occurrence ANNUAL CONTRIBUTION $23, 956 EFFECTIVE DATE : 10/01/97 ?RO-RATA DUE • $23, 956 ANNIVERSARY DATE: 10/01/98 AUTO PHYSICAL DAMAGE 1,IMITS OF COVERAGE • ACV Per Attached Schedule And Endorsements DEDUCTIBLE PER VEHICLE: $1, 000 Occurrence Deductible : $10, 000 ?NNUAL CONTRIBUTION $12, 351 EFFECTIVE DATE : 10/01/97 RO-RATA DUE $12, 351 ANNIVERSARY DATE: 10/01/98 ITO CATASTROPHE :OVERAGE NOT SELECTED OT LIABILITY CONTRIBUTIONS OTAL ANNUAL, CONTRIBUTION : $36, 307 EFFECTIVE DATE : 10/01/97 OTAL PRO-RATA DUE • $36, 307 ANNIVERSARY DATE: 10/01/98 )VERAGE IS CONTINUOUS UNTIL CANCELLED. ANNUAL CONTRIBUTIONS ARE SUBJECT TO 7JUSTMENT EACH YEAR ON THE ANNIVERSARY DATE BASED ON UPDATED EXPOSURE INFORMATION ID CHANGES IN RATING. (re TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISE POOL /20/97 0.31?AGE 2 L202 uir 7,J1 4C 0i , 441 11 /5 ay. UI4L i. G P. 2 JAu..LJ. 1:.0 J. ►0N1 66J1,t-v4-t,R Olt 461 :Z44 NV. uoly Y. I no [ZUIYI?AND IKnCTION OP ammo co oaysmwuret Lama PUOP Urr thaw, 1.U eaa.ra. 11ee aery,ice s seam*CPC me Mono ao1Hia t1r11e bOlO e1telA tal11i11isot rim 3141. 1M afe%ram ew..yee. Memory et na.MtirT end't* H aii*ilWrsus i.i0d11i.a.L ahemse!1 at1la�.s t.r physical seam trig Awl aloft aw aiar.tw owned in ehoeaeMlader st iw/err brim*~.,.a_ - seam li el OM tali.•an PIG Poe�t�7s1 . was 1•.taveiter.C rat. 11 isaarc •• • . • SWCTlaw I•StQ►EWTVIJAYA see cQNvilliN1 f1:iWM f1 " ••e ea Wa.ar 14417711111. '/a•sa aea1M.C1As.,1i s fearg 8i.. w aw 30 January 1'i98 M•1r• Tet e6 1.a41aao av11.a1M. ass _sr..se w! . afallMeM MI6`eew•1411 er ar♦eaisl1 �T ±218 acres of Walnut Grove Park, Grapevine Lake, Texas'. L 1 -t X _ a �e1a,NweeMd yes ae.enrer cc ram rMA •O � .. _ "��-�" . �... . We. flat tadatel0� Ise,jsisUy made s awes. isapsetial of the oosmitt*ad the propMty 1 olOgbisod Worm We epee all as of th•dm e(v+ey. the oasdlttaa Oche pigpen?is es 1 desalting henna. i 1 ss.DI1ue88 era Vole Cattalo'w IMa.A1a.•t re 1141t••ia ereTD.sa•aR.a•I I we.•r••••e.Oa.•s 1 T.I..Oa..aesi 41101111.14111 Na 1..,e*,.s oa ATr.c1sae iso VIM.Mira* /ae Ne11••Ya a sr=lemma `sMv O .wae pmts. Tr•VI. MO t11.A ow Wayeo•plarl.• i 1.M• sa.�aOt.}At1 va 1 ""LAC've,j (AI . Charles L. Burger ark Manager. 1 fide Oa s•1117 Ar 1o. + i 7 USAED Fort Worth I ^C. • 7A0f_,.2-- Elm Fork Pro j ec;, Grapevine Lake 4� 3143 to t+e�.l.tlp J EEcc:vED PIMEJAN. 31 6: 13PM . v1 u5C44**, 01 i �i ;el � NU. UDYy u1� 1 1. J p. 3 . JA.1. 41 IC :: ►n:Y UM -5►( d! 4dl UCTION o•flTWaS Caarrron a TN,rao'trltt ,al"'Mr.r.0N.■..r •W,i*/ii. er+,UMwI••e.I re. 44 VIM LI . A1A , mammaaam seem f*gtale WOW Weft=e�_ — �. 4.1% .. . . . . . . /[MC11et ...._________...... k • 41 . • V Aga.Nuviiiwi. 7Mf;10 41101 wi11>rMlala 4/, . • wales aM0 11A.,1*ate 4ill . . saes/f WA OY!1V1`pr .. AS • •N7isYC1i.6l.*Ya7�ai MP panes • —� XVI ' . . ailaO/ hf/ ■fewaa(Odra eaeelle.ei/e/i/,�Maws. toile/e lie 1AN..1L AUG*am....deaee.ee■r.J Ea(Jc ;Tta14�J �1�A 1<.S CWLY • (we . . • 1 RECEIVED TI.4,'aJAN, 30. 6: I3?M j (\be PRELIMINARY ASSESSMENT SCREENING 1 . REAL PROPERTY TRANSACTION: The Corps proposes to grant a 25 year lease to the City of Southlake, Texas, to develop a park and recreation area in a portion of Walnut Grove Park, Tracts C221 and C235, Lake Grapevine, Texas . a. A COMPREHENSIVE RECORDS SEARCH was conducted which included a review of the following areas : 1) Real Estate Division files . 2) Real Estate Division maps . 3) Operational Management Plan. 4) Master Plan. 5) Operations Division files . 6) Safety and Occupational Health and Safety Office files . 7) Engineering Division files . b. SITE INVESTIGATIONS were performed on 20 Nov 1997 . 1) Visual inspection of existing conditions . 2) Interview with Project Office personnel . 2 . STATEMENT OF FINDINGS a. COMPREHENSIVE RECORD SEARCH SUMMARY A complete search of the District files which pertain to the proposed area was made as stated in l .a. above . This records search revealed no evidence of any hazardous substance being stored, released or disposed of on the property involved. The operating plans and historical records also showed no evidence of any activity which would have contaminated the property with hazardous substances . b . SITE INVESTIGATION SUMMARY A site investigation of the proposed area was made as stated in 1 .b. above . This visual inspection revealed no unusual odors, stained soils, stressed vegetation, suspicious seepage, manmade land features, unnatural surface features or other evidence that would indicate the presence of hazardous wastes . cieBased on this inspection it was determined no hazardous substance has been stored, released of disposed of on the property PlaimiliminsvagemownMerig EXHIBIT H involved. Project personnel have no knowledge of past activities which might have created a hazardous situation. Prepared by: Richard Adamson Date CESWF-RE-MM Approved by: Hyla J. Head Date Chief, Real Estate Division (kiwi r-f L 5x9_/ oEEB-13-1998 89:44 s LAw F1RM 817 332 4748 P.82i83 TAYLOR, OLSON, ADKINS,SRACLA& ELAM,L.L.P. A ORNEYS AT LAW MINNOW(S17)33243E0 ONE TOWER FAX(FM 332.6740 FORT WORTH.TEXAS 76102-)i21 DEBRA t.ORAYOYITCH February 13,1998 Via Fax and by regular mail Mr. Ben Henry City of Southlake 1725 E. 1709 Southlake,Texas 76092 RE: Lease with the U.S. Corps of Engineers Dear Ben: As you requested, I have reviewed the above-referenced Leasc. My comments are as follows: 1. Section 5g. and Section 7b. provide that the City will provide a statement of compliance with the Rehabilitation Act and the Americans with Disabilities Act,as required in the condition on NON-DISCRIMINATION,noting any deficiencies and providing 'a schedule for correction. Does the Corps have a form for this certification? Is it with respect to this Lease or City-wide? 2. Remember that no structure may be erected or altered upon the premises unless the District Engineer has issued written approval of the design,location,etc. The ball fields should not be considered structures, but you should confirm this with the Corps. 3. Is the City planning on subleasing any of the Corps property? If so, Section 9 imposes strict requirements upon subleases. You should clarify that the City's agreements with the youth sports organizations will not provide for use of the practice fields on the Leased Property,or seek the written confirmation of the Corps that these field use agreements are acceptable and need not incorporate the provisions of the Corps`Lcase. W L1BRAms,sphiskdi.ErreRS yaos.W$ 56-4 4 FEB-13-1998 09:45 LAbJ FIRM 81? 332 4740 P.03/83 Mr.Ben Henry February 13, 1998 (600, Page 2 4. Section 18 provides that the City shall comply with a number of federal statutes and regulations. Interestingly, when the City Council approved the Master Park Plan, Councilmember Harris inquired as to the application of the ADA to the equestrian trails at this Park. Now, this very issue is addressed in the Lease. Some of these laws, such as the ADA and the Age Discrimination in Employment Act, the City must already comply with-some.such as the Department of Defense Directives and the Rehabilitation Act,it need not. However,I do not think compliance with these laws and regulations is negotiable. These laws and regulations comprise hundreds of pages. I recommend you ask the Corps to give you a copy of the regulations that you are required by the Lease to comply with. 5. As we discussed, there are some existing dump sites on the Premises. You have stated that you do not have a problem with the City cleaning these up. 6. Note that Sections 1 land 12 provide for special requirements should the City impose a fee for use of facilities. It is my understanding that the City will not be imposing fees for the use of the premises. 7. Section 17 of the Lease provides that the City is required to restore the premises to a condition satisfactory to the District Engineer. This means the City may have to move the amphitheater, if the Lease is not renewed. In the same vein,Section 28 requires the City to bear the cost of any environmental remediation if the Corps determines that such are necessary. While the latter may not seem fair,it places the City in the same position it would be in if it owned the premises in fee simple. The City will have the burden to find the responsible party and seek recovery of its costs. Should you have any questions in this regard, please do not hesitate to call. Sincerely, beoblandi411Vi4rik (cM Debra A.Drayovitch DAD/wrt if:4.iamersiuddakiarr Eamiwr.dos.+rpd C TOTAL P.03 5a-45 a City of Southlake, Texas MEMORANDUM (Iirr February 13, 1998 TO: Curtis E. Hawk, City Manager FROM: Ron Harper, City Engineer SUBJECT: Authorize the Mayor to Enter into a Commercial Developer Agreement for Stonebridge Park, Lot 2, Block 1, Located Approximately 800' West of the Intersection of W. Southlake Blvd. and Randoll Mill Ave., on the North Side of W. Southlake Blvd. BACKGROUND Attached is the Commercial Developer Agreement for Stonebridge Park, Lot 2, Block 1. This project is located approximately 800' west of the intersection of Randoll Mill Ave. and W. Southlake Blvd., and on the north side of W. Southlake Blvd. The usual requirements for performance bonds, letters of credit or cash escrow, and indemnification are incorporated in the Agreement. Normally this Developer LAgreement would be brought forward by the Developer for the entire project; however, this lot has been sold and the Owner is desirous to begin work prior to the development of the entire site. There are no 1 variances to the standard Developer Agreement. I. Park Fees The Developer will be required to pay a Park Fee of$495.97. The Park Dedication requirement for this project would be 0.012 acres (523 square feet). The Developer has not met with the Park Board; however, this request will be brought to the Park Board on March 9, 1998. RECOMMENDATION Staff s recommendation is to place the Commercial Developer Agreement for Stonebridge Park, Lot 2, Block 1, on the Regular City Council Agenda for February 17, 1998, for City Council review and c ' erati RH/ls Attachments: Developer Agreement Final Plat Exhibit M:\WP-FILES\COMMERCI\STONEBR\DA-MEM.WPD (hillise 5C-1 STONEBRIDGE PARK, LOT 2 BLOGK 1 COMMERCIAL DEVELOPERS AGREEMENT O2l13/98 An Agreement between the City of Southlake, Texas, hereinafter referred to as the City, and the undersigned Developer, hereinafter referred to as the Developer, of Stonebridge Park, Lot 2, Block 1, to the City of Southlake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to St(mebrtdge Park,"Lot 2, Block 1; (a commercial development) and to the off-site improvements necessary to support the subdivision. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. The Developer will present to the City either a cash escrow, Letter of Credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the public facilities to be constructed by the Developer, and providing for �... payment to the City of such amounts, up to the total remaining amounts required for the completion of the subdivision if the Developer fails to complete the work • within two (2) years of the signing of this Agreement between the City and Developer. All bonds should be approved by a Best-rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letter of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Performance and payment bond, letter of credit or cash escrow from the prime contractor(s) or other entity reasonably acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. C. The Developer agrees to furnish to the City maintenance bonds, letter of credit or cash escrow amounting to 20% of the cost of construction of underground public utilities and 50% for the paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2) years and will be issued prior to the final City acceptance of the subdivision. The maintenance bonds, letter of credit or cash escrow will be supplied to the City by the contractors performing the work, and 5C-2 the City will be named as the beneficiary if the contractors fail to perform any required maintenance. D. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove, which are intended to be public facilities, shall be vested in the City of Southlake and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities for this provision and for the entir e Agreement shall occur at such time that City, through its City Manager or his duly appointed representative, provides Developer with a written acknowledgment that all facilities are complete, have been inspected and approved and are being accepted by the City. E. On all public facilities included in this Agreement for which Developer awards his own construction contract, the Developer agrees to the following procedure: 1. To pay to the City three (3%) percent of the construction cost for inspection fees of the public water, streets, drainage facilities, and sanitary sewer. `... 2. To pay to the City two (2%) percent of the construction cost for • Administrative Processing Fee for public water, streets, drainage facilities, and sanitary sewer. It is agreed by both the City and the Developer that the City will pay the following testing fees and the Developer will be responsible to pay for all other testing fees required by the City not listed below: a) All nuclear density tests on the roadway subgrade (95% Standard). Trench testing (95% Standard) shall be paid by the Developer; b) All gradation tests required to insure proper cement and/or lime stabilization; c) Technicians time for preparing concrete cylinders; d) Concrete cylinder tests and concrete coring samples. Charges for retesting as a result of failed tests will be paid by the Developer. Fees are payable prior to construction of each phase, based on actual bid construction costs. The Developer will be responsible to pay for all inspection fees when inspection is required on Saturday or Sunday. These fees are considered 5C-3 over and above the 3% inspection fee as stated above. Acceptance of the project will not be given until all inspection fees are paid. 3. To delay connection of buildings to service lines or water mains constructed under this contract until said water mains and service lines have been completed to the satisfaction of and accepted by the City. F. The Developer will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen (15) days written notice, should the Developer fail in this responsibility, the City may contract for this service and bill the Developer for reasonable costs. Such amount shall become a lien upon all real property of the subdivision so maintained by the City, and not previously conveyed to other third parties, 120 days after Developer has notice of costs. G. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. ___ H. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, • through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. The Developer agrees to fully comply with the terms and conditions of all other applicable development regulations and ordinances of the City of Southlake. J. The Developer agrees that the completed project will be constructed in conformance with the Development Site Plan, Construction Plans and other permits or regulatory authorizations granted by the City during the development review process. II. FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the SIB Pam, l v=to the City of Southlake. 5C-4 Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City of Southlake requirements, the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of buildings, even though sanitary sewer service may not be available to the buildings. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers, released by the City Engineer, the City, and made part of the fmal plat as approved by the City Council. The developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. C. STREETS: (If applicable) 1. The street construction in the Addition shall conform to the requirements in Ordinance No. 217. Streets will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City Engineer. 2. The Developer will be responsible for: a)Installation and two year operation cost of street lights,which is payable to the City prior to final acceptance of the Addition; b) Installation of all street signs designating the names of the streets inside the subdivision,said signs to be of a type,size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances: c) Installation of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as directed by the Director of Public Works.It is understood that Developer may put in signage having unique architectural features,however,should the signs be moved or destroyed by any means the City is only responsible for replacement of standard signage. 3. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying 5C-5 with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre-planned facilities. It is understood`that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. D. EROSION CONTROL: During construction of the subdivision and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this subdivision. When in the opinion of the Director of Public Works there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the affected areas. If the Developer does not remove the soil within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the subdivision at the contractor's expense. All fees owed to the City will be collected prior to acceptance of the subdivision. E. USE OF PUBLIC RIGHT-OF-WAY: It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer understands that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these 5C-6 improvements and the Developer shall, at his own cost and expense, defend and protect City against all such claims and demands. F. START OF CONSTRUCTION: Before the construction of the water, sewer, streets or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds submitted to the City in the name of the City prior to the commencement of any work. 2. At least five (5) sets of construction plans stamped "Released for Construction" by the City Engineer. 3. All fees required by the City to be paid to the City. 4. The Developer, or Contractor shall furnish to the City a policy of general liability insurance. III. GENERAL PROVISIONS: A. INDEMNIFICATION DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS),ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,MAINTENANCE,OCCUPANCY,USE,EXISTENCE OR LOCATION OF SAID IMPROVEMENT OR IMPROVEMENTS, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. DEVELOPER AGREES TO INDEMNIFY THE CITY,ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES,CLAIMS OR LIABILITIES ARISING 5C-7 FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this Agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's ..., designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings bought against the City, its officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgements which may be incurred by or rendered against them or any of them in connection with herewith. D. This Agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this Agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public projects and to be qualified in all respects to bid on public projects and to be qualified in all respects to bid on public projects of a similar nature. In addition, the Developer, or Contractor shall furnish the payment and performance bonds in the name of the City prior to the commencement of any 5C-8 work hereunder and shall also furnish to the City a policy of general liability insurance. F. Work performed under the Agreement shall be completed within two (2) years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw down on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense; provided, however, that if the construction under this Agreement shall have started within the two (2) year period, the City may agree to renew the Agreement with such renewed Agreement to be in compliance with the City policies in effect at that time. IV. OTHER ISSUES: A. PARK FEES: The developer agrees to pay the Park Fee for Stonebr dge'Park WO-Willa $800 per acre, in accordance with the Subdivision Ordinance No. 483, Section 7.0. There are approximately 0 012 nacres in Stonebridge Park, Lot=2, Block 1 which would bring the total cost of Park Fee to $495.95 B. TREE PRESERVATION ORDINANCE: All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER:: By: Title: Address: Date: 5C-9 ATTEST: Notary Public Type or Print Notary Name My Commission Expires CITY OF SOUTHLAKE, TEXAS By: Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary 5C-10 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit (L of C) must have a duration of at least one year. 2. The L of C may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The L of C must be issued by an FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The L of C must be issued by a bank that has a minimum capital ratio of six (6%) percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against L of C must be permitted. `... 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining L of C. 9. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days prior to the expiration date on the L of C held by the City. M:\WP-FILESCOMMERCRSrONEBR\DEV-AGR.WPD 5C-11 •e . Ill II t— •% y ]I '(.., ; r i � 3'•. , • IA �`r °J IIl 1: J, ! e el 1.1 e, ¢_..r =,. - jQ ;. it ( I II ' 1 I { �� 1!, —Y_ — i. ----tea- ! . r . _ _ .. ,` 1 ,I..!I 1:i 1t;; ';I rit 1: '; r !r '(' 1'f _=Z -F ;',II ;,ilit 1;• 1 ;I ih e1 r i 3-; !I lilt, ;r i �' II ,I r ,+ i 1 Jl r'i1 z�• •- " ; '' `rt i.; ++t.i III 1 rl ,r i J rI ';Ihi r111 _ s - t I• 'IJ !Ill'il r I it 1 ';i; 'id '+'I r' 1 'i r1 i it i,r !-•e 1 ' 141 - ' 111;4 i ! ;Iiir 11!1 11; rl ,11 ;@ ri1 ;2JF1 ! i I�,; I Ij!IV 1111111Ii 111II.; 1';I!iJr;;1! 131 � , 1 ;111 ; ! :;;11�1 ( 1 r,lii I� ii l•:' rr r`; 'u`I ; ' I !i,11,1 t I i I I Jlll I;111 lilll III`11;f 11..i II 11i 1�llll 1 i i i I Biii .i , T 'J w 1 \\:+sh,<<:\;s ..----.Z . ,ail ' \•` !i'A - \•a :::.,:"--11-/' A''i- \ /\ ',S 9 ; \ v ,•,,,a;,,,,,,..07. v/i '� mod;;._, , .�' ��1, .l 7' / ,,: \\ ` • i; Ce , t --7.�ii�r ••�! a`I j �? a \\�„` _ „i . :, I•'I til; .1 11 ',,h '..\*. =•- --- 7i- ;k I 4,•• • ---' iJ • r. :r NI Ili :i'1 :7 :1 II"I i1 ilVil ,j=, IV Jie ?I11 I: e 1. I 1-if i x l o x iiIir1i, ijfl ii (4(41-�! ' ,,, 1 is �i :i ,1 1 1 i�1111m!, �! c's 0 I 1 4 AM Ili' • • _�, , . I I i1 11 li; (Se �w I:' i• eE r IJ ' �1 II.;! 1r 'PO/ •; l J 5C-12 il;il I :1 11 • i City of Southlake, Texas — — (kir' MEMORANDUM February 13, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Change Order No. 1 with Saber Development's Huntwick Sewer Contract to include water meter station modifications at the 5 million-gallon ground storage tank at FM 1709 and Pearson Lane BACKGROUND During the construction of the 5 million-gallon ground storage tank at FM 1709 and Pearson Lane, plans to modify the metering station were removed. Staff determined that this portion of the project should be completed at a later date by change order due to the high amount of water usage at that time. During this proposed modification, water supplied to the tank will be discontinued for a short period. Therefore, it is preferable to complete the modifications during a period of low water usage to avoid any potential interruption in service to water customers. The change order modifications include replacing a 16-inch segment of pipe, fittings, vault, and a 16-inch meter with a 30-inch pipe segment. This meter and vault are part of the old Keller meter, which was replaced by Keller with a new meter closer to their ground storage tank. Once the proposed modifications are complete the hydraulic flow will be improved, maximizing the delivery of water to the City. The total estimate provided by Saber Development is $27,500.00. This amount is provided for in the 97-98 CIP Budget as part of the budget for the ground storage tank. RECOMMENDATION Staff recommends Council approve Change Order No. 1 for the contract with Saber Development for water meter station modifications at the five million-gallon ground storage tank at F.M. 1709 and Pearson Lane. Please place this item on the February 17, 1998 Regular City Council Agenda for City Council review and consideration. 41-44/1,-/4c-- CRE Attachments: Change Order No. 1 Letter from Bill Lohrke, date December 23, 1997 Saber Development Proposal Modification Details 5D-1 CHANGE ORDER No. 1 Dated: February 10, 1998 ENGINEER's Project No. 001-439 Project _ Dove Street& Huntwick Estates:Veiehborhood Sewer Improvements. Phase I! OWNER City of Southlake Contract for Sewer Line Construction Contract Date: 18t Day of December. 1997 To: Saber Development Corporation Contractor You are directed to make the changes noted below in the subject contract: City of Southlake Owner (ow, Bv: Date: , 1998 Nature of the changes: This addendum is written to abandon an existing water metering station which is no longer in service, located at Pearson and F.M. 1709. Payment for this construction will be a lump sum fee of S27,500.00. See attached proposal from Saber Development dated February 5, 1998. These changes result in the following adjustment of contract price and contract time: Contract Price Prior to this Change Order S 220.140.50 Net Increase Resulting from this Change Order $ 27.500.00 Current Contract Price Including this Change Order .S 247,640.50 (iurf NSPE-ASCE 1910-8-B(1978 Edition) Page 1 of 2 5D-2 (kr' Contract Time Prior to this Change 90 Calendar Days (Days or Date) Net IncreaseResulting from this Change Order None (Days) Current Contract Time Including this Change Order 90 Calendar Days (Days or Date) The above changes are recommended: _ Cheatham and Associates Engineer L By: t 4••A• _,�+ Date: Z"' \.4 1998 The above changes are recommended: City ofSouthlake. Robert R. Whitehead, P.E. City By: (Iv Title: Date: , 1998 The above changes are accepted: Saber Development Corporation Contractor By: Date: , 1998 Le F.\WORD'S O UTHL A K4391C h g.O rde r.I.wpd Page 2 of 2 5D-3 CHEATHAM AND .• • ASSOCIATES December 23, 1997 Memo To: Shawn Poe, City of Southlake Re: City of Southlake Water Metering Station Modifications F.M. 1709 at Pearson Road Engineer's Project No. 001-518 Dear Mr. Poe: Based on our recent field measurements, we have prepared a hand drawn construction plan for (10., removing smaller segments of pipe, fittings and a 16 inch meter that pose a hydraulic flow problem for the maximum supply delivery of water to the City's of Southlake and Keller, within the 30 inch supply line. This water metering station modification was envisioned to address actual construction-installation by change order, issued to Saber Development Corporation. We feel the hand drawn plan with the typed list of work items (notes) is adequate for a change order. In the event the City elects to publicly advertise and bid this project, we feel a formal set of construction plans, specifications and documents would need to be prepared. The general design and configuration for this work was verbally reviewed with Mr. Bramlett yesterday. We shall prepare the change order upon your authorization and negotiate a cost from the contractor accordingly. Sincerely, Bill Lohrke F:\WORD\SOUrni AK\5I8-utility\Memo.Shawn.Poe.wpd L ENGINEERS • PLANNERS • SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1601 E. Lamar Blvd. • Suite 200 • Arlington, Texas 76011 817/548-0696 • Metro 265-8836 • Fax 817/265-8532 5D-4 • SABER DEVELOPMENT -EL Nc .2144382849 Feb 5 .98 17 :24 No .007 P .01 (are Saber Development e pment Corporation Box 540186 Dallas,Texas 75354-0186 Telephone 972-438-3405* Fax 972-438-2849 February 5, 1998 Mr. Shawn Poe City of Southlake via facsimile 817-421-5782 RE: Water Meter Station Modifications 1709&Pearson Road Dear Mr.Poe: Saber Development proposes to furnish and install the following per the detail and work description described on a fax dated 1/19/98, from Cheatham&Associates. Mobilize Remove slab and walls to 4 1/2 ft off floor Remove all doors,vents, electric equipment, etc. (re Remove existing 16"piping and associated meters Install 30 x 20 increaser, 30'RCCP,butt strap closure Install 2 - 8"pipe supports Install 2 -valve boxes and extensions Haul off debris Haul to city yard salvaged materials Backfill and clean up Furnish erosion control and barricades Pumping equipment Night time overtime Lights&pumps Total Estimate S2.7,500.00 Please contact me if you have any questions. Sincerely, SABER VELD NT CORPORATION ROBERT E. ARROW, President • kire- • 50-5 MAJOR WORK ITEMS FOR WATER METERING STATION MODIFICATIONS Northwest Corner F.M. 1709 (Southlake Blvd. & Pearson Rd.) By: Change Order 1. Remove existing piping, valves, fittings, meter and meter strainer to the limits shown, then install new 30 inch diameter ductile iron pipe, class 52, with flange coupling adapter and Gifford Hill American field welded 30 inch steel flange, together with a 30 inch by 20 inch concentric flanged reducer and all fittings as required to complete the connection. Contractor will install a minimum of 2 - 8" diameter adjustable steel pipe supports, directly under the newly installed 30 inch pipe, equally spaced within the metering station. The contractor will furnish and install valve boxes with extensions for the operation of the existing 30" butterfly valve and for the existing 20" butterfly valve within the metering station. 2. The contractor will remove the concrete surface slab and all vertical walls of the metering station, down to a point, within 4t/2 feet of the floor slab. The contractor will remove all vent pipes, station access openings, electrical equipment and electrical conduit. This work will include the removal of all surface mounted electrical control cabinets and related electrical equipment. The contractor will place local sandy soils in 6 inch lifts, compacted to 95%proctor density, using mechanical hand tamping equipment from the metering station floor slab to the natural ground surface elevation. The contractor will fine grade the metering station site after backfilling. 3. The contractor will deliver all salvaged pipe, fittings, meters, strainers, valves and all electrical cabinets and electrical equipment to the City of Southlake's Public Works Offices for final storage. 4. The contractor will furnish and supply all pipe, fittings, materials, labor, tools, equipment and incidentals to complete all aspects of this work. 5. The contractor will furnish and install all erosion control devices and all traffic barricades and traffic warning signs, including traffic flagmen, all in accordance with State, Federal and local codes. 6. The contractor will coordinate his work with the City of Southlake for scheduling temporary water supply shut-off and installation time. The total installation time for this work shall not exceed 15 hours as measured from the water shut-off time until the water supply is turned on. Backfilling and other allowable construction work shall not exceed 30 calendar days. F:\WORD\SOUTHLAK 518-utility\work.item.notes.wtr.metering.sta.wpd L 5D-6 QQQ Lle ---J a �wQ o R , Q .d 4o� -t4 Q› Q v<1 �4 L. okl t; '.-N Vt' F. .et. �• ? _ ?Ww ? , W � �' HQ. \ o k � � �1� � � � IQ. �, o W 4 � ; i- z Q W W Q 0 t W� \ 2 'L W y $ Q Paik (1.. �� � � o Q W 3 Q o , ti I. 1 L Ln r o ° Lf3 0ed � 0 0 5 k 2 �l ( , " V J 0 t O Ci h O� O '` w W�t u1 - vl kj}, g , --, l< v) 'n-x Q k Ku ~ k3 UVV Ui k� W W W� Wo �` I ? Q \ , ts ;n 0 J le —,_ „ , , --,, 1 1 \ .t 9/ 4 .9 1 "IU.:‘k t) 74-- a - t--4 _ kt- i , -- I . i 4 - . N , - a ,. g-,:-V:1 c:....QK a-----\V . -'a • CS g L „,,, O i ., , V •�NiC 'T -...1 t-,%:_i 1 - ,,,_ L, „,..... , , on', I0 b J� W . : �J �v 0 ~,d f—V �- W� 5D-7 Q 2v 4 �C ?Z ct �C Q 05 SSG'7J `gc1/Cl 'l 'G 'b'/0.,00 • E?--rota / N 77b1SN/ —S9N/11/. ooIQ �' -gd/c/ JN/1S/)C' 3/IOGi.l38 (f m o 3 5 .i NVf1P Nb'S CA CIJ C immV to EMI CU 111) � ■ won M '""' = :OM° .1 0 sammiromm cusi. 10.... ____ (1) . C ul 0 •... -- co) tin limo Luc') CL ›% a- *a (13 4 La ...„_, • .,.. ....„ u . ,„ kk.. - ____ t„ a .... , / ,1 - +1 City of Southlake, Texas — — MEMORANDUM February 13, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorization to advertise for bids for the construction of a deceleration lane at F.M. 1709 and North Peytonville Avenue BACKGROUND As part of the developer agreement with the City, the developer of Southridge Lakes, Phase C-1 Addition agreed to dedicate ROW and participate in the cost of a deceleration lane along the North side of S.H. 1709 at the intersection of North Peytonville Ave. fronting lot 4, block 6 Southridge Lakes property. The City will fund the additional portion of the deceleration lane consisting of 200 feet of frontage adjacent to lot 6, block 6 of Southridge Lakes Phase C-1 Addition. The developer of Southridge Lakes agreed to these items during the negotiation of the developer agreement in May 1997. The proposed lane is will be approximately 400 linear feet plus a transition of 100 feet. The lane will consist of asphalt pavement, 12 feet wide with a standard curb and gutter. The developer has requested the City begin the bidding process for the construction of the deceleration lane. The preliminary estimate on construction costs is $73,468.70. The City's commitment will be approximately 50% of this amount. Necessary ROW has been acquired and the site has been replatted. RECOMMENDATION Staff recommends Council authorize advertisement for bids for the construction of a deceleration lane at F.M. 1709 and N. Peytonville Ave. Please place this item on the February 17, 1998 Regular City Council Agenda for City Council review and consideration. /7_ Isle CRE Attachments: Exhibit B from Developer Agreement Letter from J.E. Levitt, dated February 9, 1998 Lie Advertisement for Bid Construction Cost Estimate 5E-1 EXHIBIT B SOUTHRIDGE LAKES, PHASE C-1 ADDITION (LOT 6, BLOCK 6) COMMERCIAL DEVELOPER AGREEMENT (kirre . ! _ i 12 \� I —. •.tz= -41.t i f PEYrcNYIL E AVENI E I III `Th -1-1 i . -o -< _ . a ri \ 1L - I4 -c ,-, 8 i e'',, , - 8 = jam ' P F rli ..� _ Z 7,- -`4frii, • - & .' I la? • L , 1 1-'----""-- 1(1• '_ �11 NJ1, ` •L 4.I ;• . I . L • . of/ •s+a oo� s a ert t_ Ai ..„,_ -, ! limp, • ?I:v.: -. '• Zi4.:J $.4: i < *r!t! !� `�. Cill • � t , ti i - O 1 • ' ,/ / � o 70 / . rr > ---, i e "..____/ .___, /Li 1.T -- 1 I t L. i E', i M F •-•I . •t —?.. / -4 .ritel Ai ti : 1 1z1 tii,,Pil / -71. c -) i , , , . • ks\f Li, , /, , , i rry , 4 / 5E-2 la J. E . LEVITT ENGINEERS, INC. (1610, ENGINEERS • PLANNERS 726 COMMERCE • SUITE 104 • SOUTHLAKE, TEXAS 76092 • (817) 488-3313 February 9,1998 Mr. Shawn Poe Public Works Department City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 Re: SouthRidge Center Right Turn Lane F.M. 1709 & Peytonville Dear Shawn, Enclosed please find the Advertisement for Bids and preliminary construction cost estimate for the referenced project. We respectfully request that this item be placed on the city council agenda for February 17th, 1998 to request council's permission to advertise. In your assistance, in this matter is greatly appreciated. Any questions, please call me. Sincerely i Join Levitt, P.E. L 5E-3 khoe ADVERTISEMENT FOR BID February 22, 1998 March 1,1998 City of Southlake Owner Separate sealed bids for Right Turn (Decel) Lane Improvements at the Northeast corner of W. Southlake Blvd (F.M. 1709) and Peytonville, will be received by the City of Southlake addressed to the City Secretary until 10:00 o'clock A.M. Local Time March 13,1998, and then publicly opened and read aloud. The Information for Bidders, Form of Bid, Form of Contract, Plans, Specifications, and Form of Bid Bond, Performance and Payment Bonds and other contract documents may be examined at the following: J. E. Levitt Engineers, Inc, (60, 726 Commerce, Suite #104 Southlake, Texas 76092 Copies may be obtained at the above stated office upon payment of$35.00 for each set. This payment is non-refundable. The Owner reserves the right to waive any informalities or to reject any or all bids. Each bidder must deposit with his/her bids, security in the amount, form and subject to the conditions provided in the Information of Bidders. The successful bidder must (when called upon) demonstrate adequate and substantial documented experience in the construction disciplines necessary for constructing the project. Appropriate instructions and bidder experience requirements are described elsewhere in the bound contractual documents. No bidder may withdraw his/her bid within 60 days after the actual date of opening thereof. L . . . 5E-4 (hre SOUTHRIDGE CENTER PRELIMINARY CONSTRUCTION COST ESTIMATE DECEL LANE - SOUTHLAKE BLVD. SOUTHLAKE, TEXAS Excavation LS $11,500.00 $11,500.00 6" Flex Base 725 SY. 10.50 7,612 . 50 6" HMAC 650 SY. 15.50 10,075.00 6" Conc. TxDot Curb 565 LF. 20.00 11,300.00 Wheel Chair Ramp 1 EA. 800.00 800.00 Traffic Signal Relocation 1 EA. 17,200.00 17, 200 .00 Striping 1 EA. 6,900.00 6,900.00 Adj . 12" Water Valve 1 EA. 550.00 550. 00 Barricades/Traffic control 1 EA. 2,400.00 2,400.00 Seeding/Erosion Mat 12 ,838 SF. 0.40 5, 131. 20 Total $73 ,468.70 (kwe 02/09/98 JEL (0, 5E-5 City of Southlake,Texas MEMORANDUM February 12, 1998 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: Napa Valley Phase II, ROW Dedication Agreement Recall that we have previously discussed the need to execute this agreement in order to accelerate the ROW dedication at the intersection of New Carroll Avenue and Continental Blvd. All items are in accordance with my understanding of the directions given by Council during executive session. Please place this item on the upcoming City Council agenda for consideration. Feel free to contact me should you have any questions. GL/gl -e%r> enc. Napa Valley Phase II, ROW Dedication Agreement dated February 12, 1998 (4:30pm) Reduction of Plat Revision of Napa Valley, Phase II Legal description for R.O.W. dedication Graphic depiction of R.O.W. dedication cc: Wayne K. Olson, City Attorney L:\COMDE V\WP-FILES\MEMO\97CASES\97-173-E.WPD AGREEMENT TO DEDICATE RIGHT-OF-WAY STATE OF TEXAS § COUNTY OF TARRANT § This agreement is entered into by and between the City of Southlake, Texas, hereinafter referred to as the "City", and Norman J. Brown and Norma J. Brown, hereinafter referred to as the "Owners", the owners of the below described property. WHEREAS, a plat revision of Lot 11, Block 1, Napa Valley Phase II and including an approximately 1.67 acre tract of unplatted land situated in the J. W. Hale Survey, Abstract No. 803 (the "Plat"), was approved by the City Council on January 20, 1998, as Case No. ZA 97-173; WHEREAS,pursuant to such approval the Owners are required to dedicate within the Plat Right-Of-Way along East Continental Boulevard and South Carroll Avenue; and WHEREAS, the City and the Owners desire to document their agreement with regard to certain issues relating to the Owners responsibility to dedicate the aforementioned Right-Of-Way. NOW, THEREFORE, the parties hereto agree as follows: Loy' 1. Owners agree to dedicate the Right-Of-Way by executing and filing of record in the Plat Records of Tarrant County the Plat. 2. In exchange for Owners agreement to dedicate the Right-Of-Way, City agrees to pay Owners the sum of$11,076.00. 3. City agrees to not require removal of the existing residential structure that may or may not encroach in the building setback line along Carroll Avenue. This does not preclude the city, at some point in time in the future, from requiring the removal of any buildings deemed dangerous and substandard in accordance with health and safety regulations. 4. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. SIGNED and effective on the day of , 1998. OWNERS: CITY OF SOUTHLAKE, TEXAS By: Norman J. Brown Rick Stacy, Mayor Norma J. Bro L.\COMDEV\WP-FII.ES\.MEM0\97CASES97.1 3-D WPD U WitharNaar'..iIWW. _11/ -48.4.........r.. .. .. .. 01 J MM Cr) L U L' W a1 6 'ri _ tt ° f j a ;Vey 'P a!!2t _1_ T 1.i i B qa ,j< i 0... 3a W v }`.lE4i Ili 1 %tiles s ;Alt }€} I -� i o e 1-3 I a gad a o IQ.z w � - -��. f IIL. j1jIF Y� £i t ��I I 1 'Y • sa3 1" , '," I Y IMF Z v • -c n J.h.A.Freeman Our.. _.._.._ 1 _..L - -.._ - _ _ _ J�h.A./r..ea Dur.q,A=Yt(' _ I A..D A-41lw...- 1.A-030 - - _ 1_ _I _ — J. W.Nd.�7i .q.A-YOf _ - _ T J.W.N:I.7ur-q.-A-N1-I i 'h J. Gi1... 7ur.q " A-8O1 1 I e' I!. ,..I - - - - I I I 14 I _ II I hiall a 1 fi 'ill , 1 I i i i • I - r_` 1 1 l i l i . i i 1 i , ! II I .I '� kl x�__, __-q III-. -..- -. -..-r - -1 _.._. - - i/r b I I n .. ,..:�5 , s��N- L P. .: lii I n a� 1 v C m I / N.,,a 1 it 1 m .. di , I.� I IC a I ....: III^F',S'�il 1y;bl ‘Illiblei. ,r-- _-_.- -_.tits -'4 -- - I — — _�}{" _wl. i , I �/ J � I. /7 . \� :Y .., ;�. ^fi t..' l-. _1 7_ I °nl I 1 • ' ..) I; m .) I f 2t . '. y fs y .I. �:r r I I` Sy s , i a� I _ I' r, r I _m. ,ys-a=gym+ -Zt„,••• .p{P_12+A11�__ -—_ - -Tom- ::::‘,://111-1:T.ri:..;--,.?7,1."---.."-- ArQ--•- -^--_'•-�}.�r� ,—_ `t_`h,— 1 — --r— - — r-- i—'auolls0,o5r' '� � -i� — i H4 - -' ---9nJ `�4.�N. zi�.VI I I I ' .. i _ I '.�` �r; I II \ ~..-1r Sty:''° I! I I �1Q'� rIa 'I ,1�/f -. i1yN m,' I l las 1 € f-L _ ' - 'r 1 1I / E ° IjI ' , . i Et?2 c 1 I'° .I j [ 1Ma w ,. .I a • ems. sl I I i Is _ - - i 'P^18 IIG:-GD '5, 1 I' Z;1 a' se I I I j ! -3aa3 s51 ¢ q 1 wlBs- a CIt a>`dl ' ' a 13'' a a e.1 6Y , ilia d ' iil i i 4 '•i t�ft ca ! ' 3j • i•• Fi F3; I. 's : • , Inf.Y ' alai! asaj '. �` a ! sj a1 :• i- yid s lio a' . 'f 1133a <1 a - ! i 33 a'w ti : all ? I ! 11 la .F 3-1/ a 011 i d E !J a /M a 1 -. �1 217 E�; E3 i1F t� !� IFl .). % x�i.0 1 i " ..2is a isls` 1iiI 31 - •_ gt =e3 s Ij E- •!� 7Fail l E 'ia is 4 ial i ai.1 a '1F 13Le aE fEl xiFi fj jijY Fii E�j `} ji�: !� jli 'it j�l `" 15 s' i;�' ¢ } ;3ii` 'i •1 sa a 3a a. s$` i . 9 j ` :- - s 0 ;"33=t s flit iii t'nh i $ ` Ith ! ti I� a- 3J ijai.11:1' 'ft t is 1!i ei aL ,r. 111 g :l/a�e Ilii�rj i jIl �� {�} i !1 i� a s�3€eii a 4 i3i 3 8€I� !i Yj B I § 1 i El1 1 1 ;� •6 3j i • S&-3 • > C. • • • TRACT OF LAND IN THE J. W. HALE SURVEY, A-803 TARRANT COUNTY, TEXAS • The following tract or parcel of land situated in the J.W. Hale Survey, A-803, Tarrant County, Texas and being a portion of a tract as conveyed to Norman J. Brown by deed recorded on Page 449 of Volume 1502 in the Tarrant County Deed Records and being more particularly described as follows: BEGINNING S 0' 03' 11" E o distance of 10.03 feet from the Southwest corner of Lot 23, Block 1 , SOUTH HOLLOW, Phase 1, art addition to the City of Southlake, Tarrant County. Texas according to plat recorded on Slide 3091 of Cabinet A in the Tarrant County Plat Records; • THENCE S 0' 03' 1 1 " E a distance of 24.17 feet and being in the North line of Continental Boulevard; THENCE N 89' 27' 54" W along the North line of said • Continental Boulevard a distance of 239.43 feet to the intersection of the East line of Carlisle Lane with the North line of Continental Boulevard; . THENCE N 0' 03' 19" E along the East line of said Carlisle * Lane a distance of 236.38 feet and being on o curve having a radius of 635.0 feet whose center bears S 77' 34' 37" W a distance of 635.0 feet; THENCE Southeasterly along said curve and through a central angle of 12' 28' 42" o distance of 138.29 feet; THENCE S 0' 15' 16" E a distance of 60.29 feet; THENCE S 89' 27' 54" E a distance of 150.0 feet; THENCE S 78' 09' 31" E a distance of 75.65 feet to place of beginning, containing 0.254 acre or 11,076 square feet of land. (kw S' —t( ,.. \ • 7 0.-- I LOCK 1 1""* .4 .- • ' \ I \ I -..7.*: I \ • I \ 1 I ... ,..- 10\ j \ I I I. i .,,• .... LOT 22 .•.' L , , \tr.-, • • ,.,.,,. ,1 -4:,O •• .,_. . ,., .,.:s. , • ., _,.., ... \ : • r • ,.„. „.„._ ' II 1 1 REMAINDER . ... I 1 NORMAN J. & NORMA J. BROWN - ---. . 1 cr;:l ": VOL: 15020RTcr PPG_ 4 49 . '.:,-..r.. .4.-.:.:,‘•, t ) .IR f5 • •• - - - • - .-_, , •• - .. , ,.. ..•- • :.,...;:77'i.•i1/4 1 . .. , LOT 1 II „ . ... LOT 23 .:".7.---N •. BLOCK 6 I $ .k`i •-, -.1'. •-....1• . • - ' • ; ,- ., ..., . . -. •.:14...-: ,-......, . .. . : •1 . PUBLIC PARK . - BLOCI<-=1 ... -...4r,•_-4 DEDICATION TO . • I -1 :-- SOO'i Vi 69E 6q49.,.'...: -.--v8.09.311 .75.65' • THE CITY OF I I , • .-. : . -. - . ; ,. is •... .._' ..---: - ---'' ''' -:- - • ' '2- SOUTHLAKE -• ' ' , I I 15 - - -;! . . , , _. ....• , ........--- - -_.- . - •, - IJ 20 - - - :-•-•.... .-: . - - ........ - ' ' 0.254 .ad.....-.11'°78 sq.ft. - . ' 03. . '01-24:: • '.- , ... 39,0 .• Naft27.54'Nufi• 139.435 20 •. .• : •zt....„..-•i,.. ., ..„ .. .... _.. . . . TINENTAL BLVD . rt Lu. .-_,...,....:,......, 1 . ... •,. • , : . . • . ...z., ....• . _ • • •1 - r ... . . .. .. - ,• • .1 - ' .- . - -1-:. -1 JOE L. WRIGHT . .1 -VOL.-8. 3.D3R.re. . : LOT 25 . 1 , ... „ BLOCK. L.LOOgTKI.'.1,1 5-:v.:.- ' ..-. . I-- I , .. .. -CT ' 10 , L ...„........._. , , 1 .. z •••i 1 . .• ••-. -. .-. •• •• PG 1 267 .,.1r. .. ..-,.... -,...,.....tc-,...... /- . -' • --:. . •'' -•:-.•;-... - -' --- ' - - •• , -.•-_-- .•_, • • .. . •., . . . - ....: - .. • . LOT 2 6 - .4 .. , , . . - ...-1 - ' • . .. a. .. . • .,,.....-_-. ..; . - - C . • .. .......,..., • . ,,,-...-....,. .,- . . ....-,:•,-,p.. . . . - CO - . . . _ ....,. - . ., •• i::„'-:.i,*.:"..„..t.,:.'........',:::..1!..,-',,,..,..:-‘,.'1''.._.'..1.,1....._,. . , ..__. _..., ........-:-.. . •..,',:'.:..:,..4'.::‘,4„...;:'-'4.H.,.:::':1 LLI . CO . _ ...... . . . . .. . , . • ,,.„,..:,14 --- - - ' ... . , - ...• • • -....,• • - , . . . • A. • -•-•1..L. . -,,...•:,.....;-.-...7.....7':.,'1'. ...,, -% - --- - . - . _ . _..- j. „ . , - .., . . • ,7. - - ', , ,..•i , - ..-, .. .• 7,-• . -..L . . .. •• .. ..• .• • •. .... ... .... - . .... .. .... • . ... .; .: ,.,,,,, ... , . .... . •. . . . . : .. .: • . ... ......_ .. . . ... . ., . . .. ,-. .. ..-• .:..-,...., • _ . _...„,,. . „ . ..: .. .. , . . . _ . . .. . . _. . . _.,. . • •. . .. , , . • . .----2, „.• . ....7 . ,.. r. . : „....- ...c,--s- _ _: .- .-_ • . . . _ . .. . . . . .. • . . . . _ . _.:,. .. , ,•7.-..„ . . . , , . _ . . _ • • . ..Z.4 , _ . • - . •• . ...... •• . ... -..„.......... - • , ,.. - , .. . • . . . „. . ..• . ., . . . •. .,.•--.i._ . .... . _ • . . City of Southlake,Texas MEMORANDUM February 13, 1998 TO: Curtis E. Hawk, City Manager FROM: Nona Whitehead, Community Services Coordinator SUBJECT: Approving a name for the Southlake Senior Center At the February meeting of the Senior Advisory Commission, a motion was made to recommend Senior Activity Center as the name for the Senior Center. Any signage would include City of Southlake, but the building would be called the Senior Activity Center. It is hoped that the use of the word Activity will convey to the community that this is a facility with a variety of programming for Seniors in the City of Southlake. Please place this item on the February 17, 1998 agenda for City Council consideration. NW L City of Southlake,Texas MEMORANDUM February 13, 1998 TO: Curtis E. Hawk, City Manager FROM: Nona Whitehead, Community Services Coordinator SUBJECT: Approving the Senior Activity Center Use Policy The attached Senior Activity Center Use Policy is designed to serve as a guideline for the management of the Senior Activity Center. This policy is generally consistent with the those of neighboring Senior Centers, as well as the guidelines for park meeting facilities in the City of Southlake. This policy has been reviewed and approved by the City Attorney. This policy has also been reviewed and recommended for approval by the Senior Advisory Commission at their December 9, 1997 meeting. Please place this item on the February 17, 1998 agenda for City Council consideration. 712•/) NW (NW j —i w �...- Community Services Division Policies and Procedures Policy: Senior Activity Center Use Policy Effective Date: Revised Date: Statement of Purpose The City of Southlake has several park facilities that offer social and recreational opportunities for citizens of Southlake. Those facilities are managed according to guidelines set forth in the Park Use Policy. The Senior Center Use Policy is a guideline for the management of the Senior Facility consistent with the guidelines for park meeting facilities in the City of Southlake. For information and reservations for the Senior Center, call 817-329-3137 ext. 834; or write to the City of Southlake, 1725 E. Southlake Boulevard, Southlake, TX 76092 Definitions For the purpose of this Senior Center Use Policy, the following terms are defined as: Residents: Citizens who live within the city limits of Southlake. Regular Hours: Between the hours of 8:00 a.m. to 4:30 p.m Monday through. Friday. Regular Meetings: Regular meetings are held on a daily, weekly, biweekly, monthly, or bimonthly basis, and held at least (6) times per year, and are held on weekdays. Seniors: Adults who have reached 55 years of age. Priority Status: A:hierarchy of use designed to ensure that resident seniors have priority access to the facility designed primarily for their use. Adults: Those who are 18 years of age or greater. 2/13/98 Senior Use Policy Page 1 5 Z—c›R Facility Use The primary use of the Senior Center facility during regular hours shall be reserved for the use of resident seniors, or groups containing resident seniors. Priority status shall exist for the regular meetings of senior program groups, both during regular and extended hours, and will be scheduled through the Community Services Division of the City of Southlake. The City of Southlake is responsible for the hours of operation and for the opening and closing of the facility. A secondary use of this facility 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 the facility. The Senior Center is not available to "for-profit" organizations or for commercial use. The center is available for public uses, community benefits, and not-for- profit uses. To ensure the safety of the primary patrons, the Senior Center shall only be available for adult programming, and after hours use will be prioritized as follows: 1. First priority for after hours use of the large room shall be reserved for groups and or clubs containing resident seniors with regular meetings at no cost. 2. Other City of Southlake sponsored functions for the public at large, (e.g. SPIN, Sister Cities, KSB, etc.) will receive the next priority for scheduling and are exempt from fees. 3. Adult resident groups, not sponsored by the City of Southlake, may reserve the room for Regular or Special Meetings on an as available basis, consistent with the fee schedule used for other City of Southlake facilities. (see Attachment 1) Restrictions Restrictions on the Senior Center Facility shall include, but not be limited by, the following Southlake Senior Activity Center Standing Rules as recommended by the Senior Advisory Commission and approved by the City of Southlake: Southlake Senior Activity Center Standing Rules 1. Use of profane and vulgar language is strictly forbidden. 2. Drinking of alcoholic beverages or their presence is prohibited. Anyone whose behavior suggests drug or alcohol abuse will be asked to leave immediately by the supervising volunteer or staff member. 2/13/98 Senior Use Policy Page2 51 - 3 3. Smoking and use of tobacco products are not permitted in the Center. 4. The Center office phone is a business number; therefore, use of the Center phone is not for social use. 5. The Southlake Senior Activity Center is neither designated nor qualified for Adult Day Care. A participant must be able to take care of themselves physically in order to come to the center. This includes being able to navigate a walker or wheel chair or having a personal helper with them. 6. All participants of the Center are responsible for helping to keep the Center clean and operating in a smooth manner. All areas should be left as they were found. This includes disposing of trash and returning tables, chairs and all other equipment to their original location. 7. Gambling is prohibited. Bingo, for which no fee is charged and prizes of small value may be given, is permitted only at Southlake Seniors meetings. Reservations Procedures Reservations - The hours of 8:00 a.m. to 4:30 p.m., Monday through Friday are reserved for scheduled and drop-in activities for residents 55 years of age and older. Residents and non-residents may reserve the large meeting room for after-hours use as available following the defined priority status. Regular non-senior evening meetings may not exceed one per month for any one organization. Priority status for Senior and City related meetings may cause a group to be moved to another location with a minimum 24 hour notice by the Community Services Division. Reservations shall be made on a calendar year basis. Reservations for the coming year will be accepted after November 1 of the current year. Fees - Fees will be charged in accordance with the current City fee schedule. Deposit - If the facility is not left clean and in proper order, or if the keys are not returned within one hour following a meeting, the security deposit may be forfeited and another security deposit must be submitted prior to further use. Organizations that schedule regular meetings for the school year (September-May) will receive their annual security deposit (if not forfeited) by June 30. Access - Access to the Senior Center is controlled by the Community Services Division of the City of Southlake. The keys will be available and can be obtained from Police Dispatch at City Hall, the day of the use or Friday before the weekend use. The Community Services Division will prepare a weekly schedule of authorized building reservations and forward that schedule to Dispatch. Keys will only be given out for scheduled meetings or activities. Failure to return keys promptly may result in a forfeiture of deposit. 2/13/98 Senior Use Policy Page 3 `1 x — Cancellations: The Community Services Division must be notified of cancellations at least 48 hours prior to the reservation. Failure to do so may result in forfeiture of deposit. Damages - Users of the facility are responsible for all damages occurring to the facility, its furnishings, equipment and other property related to the use of the facility, through user's negligence or the negligence of guests, invitees, etc. Payment of the security deposit does not release the user of the facility from responsibility for damages. Failure to comply may result in forfeiture of the security deposit and denial of further use of the facility. Equipment: A request for the use of any equipment available at the Senior Center must be submitted with the facility use request. (see Attachment 1) Days of Operation • This facility shall be closed for bad weather days declared by the City of Southlake. • This facility shall be closed for observation of all City Holidays. Exceptions may be approved for special events through the Community Services Division. • All after hour activities should be scheduled to end at 11:00 p.m. 2/1?!98 Senior Use Policy Page 4 5 S-,) Attachment 1 Fee Schedule and Reservation Form for City of Southlake Facilities (as amended by Resolution 97-59 - October 7, 1997 Activity Fee Regular Meeting Fee per year: 1 meeting $10.00 Quarterly to Monthly Scheduled Meetings $25.00 More than Monthly Meetings Scheduled $75.00 Security and Clean-up Deposit(refundable) $100.00 Special Activities Fees: Security and Clean-up Deposit $50.00 (refundable) Senior Center Large meeting room $15.00/hr Senior Center Large meeting room and Kitchen privileges $35.00/hr TV/VCR Rental Fee No charge with reservation I am requesting the use of the following equipment if available: I have read the Senior Activity Center Use Policy and will see that my group adheres to it. SIGNATURE OF RESPONSIBLE PARTY DATE Southlake Community Services 1725 E. Southlake Boulevard- Southlake, TX 76092 (817) 481-5581 ext. 834 f 488-6796 2/13/98 Senior Use Policy Page 5 City of Southlake, Texas MEMORANDUM February 13, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Request authorization to advertise for bids for Portable Sewer Pump System BACKGROUND During the preparation of the FY 97-98 Water Utilities Budget, Council authorized the purchase of a portable sewer pump system. The budget provides $48,580.00 for the purchase of this item. The proposed pump system is to be utilized for the removal of wastewater at lift stations if they are not operating properly. (117 RECOMMENDATION Staff recommends Council authorize advertisement for bids.for a Portable Sewer Pump System. Please place this item on the February 17, 1998 Regular City Council Agenda for City Council review and consideration. CRE Attachments: Memo from Ernest Bramlett, Water Utilities Superintendent Specifications for Portable Sewer Pump System • sJ-1 City of Southlake, Texas MEMORANDUM February 11, 1998 TO: Robert Whitehead, Director of Public Works FROM: Ernest Bramlett, Water Utilities Superintendent SUBJECT: Authorization to Bid for Portable Sewer Pump System and Hydro-Storz Quick Connectors I am requesting authorization to accept bids for a Portable Sewer Pump System and Hydro-Storz Quick Connectors. The portable sewer pump has been authorized in the Fiscal Year 1998 Wastewater Budget, with an available amount of$48,580. The Storz connectors are authorized in the Fiscal Year 1998 Water Budget, with an available amount of$58,000. Specifications for both projects are enclosed. If possible, I would like to have both of these projects put on the next City Council Meeting Agenda for approval. EB/je L 5J-2 Auto-start Silent Unit PORTABLE SEWAGE PUMPING SYSTEM DESCRIPTION A. SCOPE: 1. The contractor shall furnish a portable self priming centrifugal sewage pump station having 6-inch suction and discharge connections and driven by an air cooled diesel engine. 2. The portable pumping system shall be designed for use in wastewater treatment plants and lift station stand-by pumping. 3. Pump unit to include an enclosure for noise abatement and an automatic liquid level control system. 4. Pump unit to be mounted on a trailer for over the road use at highway speeds. 5. The trailer mounted pumping system described in these specifications shall be the standard product of the pump manufacturer and it shall be built and tested, as a unit, at the (kr pump manufacturer's facilities prior to shipment. PUMP A. DESCRIPTION: • 1. Pump shall be horizontal, self-priming sewage pump, specifically designed for pumping raw, unscreened, domestic sanitary sewer. 2. Pumps that require external priming devices such as compressors or vacuum pumps shall not be considered. B. SIZE: 1. The pump casing shall: a. Be made of cast iron class 30, shall be foot supported, and shall have a horizontal centerline suction and vertical discharge. b. Have a top mounted 3 3/4 inch priming fill port with a safety lack bar cover. c. A minimum 1 inch diameter drain hole shall be provided for attachment of the pump drain kit, L -1- 5J-3 (ire 2. The wear plat shall be: a. Cast iron class 30 and shall be of sufficient width to maintain the manufacturer's recommended clearance between the entire edge of each impeller vane and the wear plate. b. Bolted to the cover plate by means of two threaded studs welded to the wear plate. Attachment hardware shall be located out of the direct flow path of the liquid into the impeller. 3. The impeller shall: a. Be two-vaned, semi-open, non-clog, cast in ductile iron with integral pump out vanes on the back shroud. b. Thread onto the pump shaft and be secured with a lockscrew. The lockscrew shall be covered with a cone shaped shroud to prevent wear of the lockscrew. c. The impeller shaft shall be constructed of 4140 alloy steel. The shaft shall employ a 4130 alloy shaft sleeve. 4. The pump shall be sealed against leakage by a mechanical seal. a. Both the stationary sealing member and mated rotating member shall be constructed of tungsten titanium carbide alloy. b. Each of the mated surfaces shall be lapped to a flatness of one-half light band (5.8 millionths of an inch), as measured by an optical flat under monochromatic light. c. The stationary seal seat shall be double floating so that faces will not lose alignment during periods of shock loads that will cause deflection, vibration, and axial movement of the pump shaft. 5. The pump shaft bearings shall: a. Be anti-fraction ball or tapered roller bearings, of ample size and proper design to withstand all radial and thrust loads which can reasonably be expected during normal operation. b. Bearings shall be oil lubricated from a separate reservoir. Pump designs in which the same oil lubricates both the shaft bearings and the mechanical seal are not acceptable. - L -2- 5J-4 • D. INTERNAL PASSAGES: 1. All openings, internal passages, and internal recirculation ports shall be large enough to permit the passage of a sphere 3 inches in diameter, and any trash or stringy material which can pass through the average house collection system. 2. Screens or any internal devices that create a maintenance nuisance or interfere with priming or repriming and performance of the pump will not be acceptable. 3. Certified dimensional drawings indicating size and locations of the priming recirculation port or ports shall be submitted to the City of Southlake prior to shipment. E. PUMP PERFORMANCE 1. Each pump must have the necessary characteristics and be properly selected to perform under these operating conditions: a. Design capacity, in gpm 1200 b. Design total dynamic head, in ft. 73 lor c. Minimum shutoff head at design, in ft. 132 d. Design pump speed, in rpm 1800 e. Minimum repriming lift at 1800 rpm, in ft. 25 f. Pump capacity range, in gpm 200 to 1600 g. Pump discharge TDH range, in ft. 20 to 130 h. Pump speed range, in rpm 1400 to 1600 2. Consideration shall be given to the sanitary sewage anticipated, in which occasionally debris will lodge between the pump suction flap valve and seat, resulting not only in loss of the suction leg, but also in the siphoning of liquid from the pump casing to the approximate centerline of the impeller. Such occurrence shall be considered normal with installation of air release line free to atmosphere. 3. In consideration of such occurrence and of the unattended operation anticipated, each pump shall be so designed as to retain adequate liquid in the pump casing to insure unattended automatic repriming while operating at its rated speed in a completely open system without flap valves and with a dry suction leg. L -3- 5J-5 F. REPRIME PERFORMANCE: 1. Pump must be capable of a reprime lift of 25 feet at the maximum continuous speed and impeller diameter. Reprime lift is defined as the static height of pump suction centerline above liquid that pump will prime; and delivery within five minutes on liquid remaining in the pump casing after a delivering pump is shut down with the suction and discharge (non-return) check valves removed. Additional standards under which reprime tests shall be run are: a. Piping shall incorporate an open discharge line. b. No restrictions shall be present in pump or suction piping which could serve to restrict the rate of siphon drop of the suction leg. Suction pipe configuration for reprime test shall incorporate a minimum horizontal run of 4.5 feet and one 90 degree ell. c. Impeller shall be set at the clearances recommended by the manufacturer in the pump service manual. d. Reprime lift repeatability shall be demonstrated by five sequential reprime cycles. e. Liquid to be used for reprime test shall be water. (kir 2. Certified reprime performance data, prepared by the pump manufacturer and certified by a registered professional engineer, shall be submitted to the City of Southlake for approval prior to shipment. 3. Pumps that require vacuum generating devices to attain a primed condition will not be considered. G. SERVICEABILITY: 1. The pump manufacturer shall demonstrate to the City of Southlake satisfaction that due consideration has been given to reducing maintenance costs by incorporating the following features: a. No special tools shall be required for replacement of any components within the pump. b. The pump must be equipped with a round removable cover plate, allowing access to pump interior to permit the clearance of stoppages and to provide simple access for service and repairs without removing suction to discharge piping. L -4- 5J-6 c. The pump shall be fitted with a replaceable wear plate. Replacement of the wear plate, impeller, seal, and suction flap valve shall be accomplished through the removable cover plate. The entire rotating assembly, which includes bearings, shaft, seal, and impeller shall be supported entirely by the pump volute and shall be removable as a unit without removing the pump volute or piping. d. Each pump shall incorporate a molded rubber suction flap valve that can be removed or installed through the removable cover plate opening, without disturbing the suction piping. The suction flap valve shall be held in place by a stainless steel hinge pin through the suction flange. Sole function of flap valve shall be to eliminate re- priming with each cycle. Pumps requiring suction flap valves to prime or reprime will not be acceptable. e. The pump design shall permit external adjustment of the clearance between the impeller and wear plate. f. The pump shall be equipped with a 4" liquid filled suction gauge (-34' to +34') and discharge gauge (0' to 140'). Gauges shall be located on the operator instrument panel with hoses and isolation valves. g. The pump shall be provided with a pump drain kit. The kit shall consist of a 10' length of plastic hose with a quick (kir connect female fitting on one end of the hose. The pump drain fittings shall include a pipe nipple, bushing, bronze gate valve, and quick connect male fitting. HOSE CONNECTIONS, VALVES, PIPING A. SUCTION CONNECTION: 1. Discharge piping shall be factory assembled and mounted on the portable pumping unit and shall consist of a discharge check valve, air release valve, 90 degree elbow, support brackets, Victaulic coupling and a female cam and groove aluminum fitting. a. The pump shall be equipped with a full flow type check valve capable of passing a 3" spherical solid, with flanged ends and fitted with an external lever and spring. Bronze body ring shall be threaded into the valve port. Valve clapper shall be cast iron, bronze face, and shall swing completely clear of waterway when valve is full open. Hinge pin shall be of 18-I stainless steel construction and shall be equipped with removable cover plat to permit entry or for complete removal of internal components without removing the valve from the line. The valve shall be rated at 175 PSI water working pressure, 350 PSI (110, hydrostatic test pressure. Valves other than full flow type or valves mounted in such a manner that prevents the passage of a 3" spherical solid shall not be acceptable. -5- 5J-7 (111••• b. The pump shall be equipped with one automatic air release valve, designed to permit the escape of air to the atmosphere during initial priming or unattended repriming cycles. Upon completion of the priming or repriming cycle, the valve shall close to prevent recirculation. 1) Valves shall provide visible indication of valve closure, and shall be operated solely on discharge pressure. 2) Valves which require connection to the suction line shall not be acceptable. 3) All valve parts exposed to sewage shall be constructed of cast iron, stainless steel, or similar corrosion resistant materials. Diaphragms, if used, shall be fabric-reinforced neoprene or similar inert material. 4) A cleanout port, 3 inches or larger in diameter, shall be provided for ease of inspection, cleanout, and service. 5) Valves shall be field adjustable for varying discharge heads. (hp•• ENGINE A. TYPE: 1. The engine shall be a four (4) cylinder four cycle air cooled diesel engine, DUETZ model F4L-912. The engine shall have the following minimum design characteristics: a. Displacement shall be 230.1 cubic inches. b. Governor shall be mechanical. c. Full pressure lubrication. d. Oil bath air cleaner. e. Oil reservoir shall be 11.6 quarts. f. Fuel tank shall be 50 U.S. gallons and shall be furnished with a 25 hour minimum operating time at a full load. g. Starter shall be 12 volt. h. Battery shall be 180 amp hour industrial type with 975 cold cranking amps. Safety shutdown switches for low oil pressure, engine overcrank, engine overspeed, high engine cylinder head temperature. B. PERFORMANCE: (ible 1. The following minimum performance standards are required to insure proper engine operation during emergency situations: -6- 5J-8 (klir a. Engine speed shall be controlled by a manually adjustable, governor-controlled throttle which shall maintain the preset speed over the range of expected pumping loads. This speed shall not be less than 1400 RPM to insure adequate cooling, nor more than 1800 RPM so that internal engine wear is held to a minimum. b. The engine shall develop approximately 95 percent of manufacturer's published performance after a reasonable run-in period. c. Engine performance shall be derated according to manufacturer's specifications to allow for decreased performance if installed at elevations more than 1000 feet above sea level. d. Engine performance shall be derated according to manufacturer's specifications to allow for decreased performance in an ambient temperature of 100 degrees F. e. Engine rating shall be further reduced to conform to engine manufacturer's recommendations for continuous service applications. f. Engine shall be specifically designed to operate continuously in an enclosed area. TRAILER: Cp, A. DESCRIPTION: 1. The pump unit shall be factory mounted on a two-wheel highway trailer conforming to U.S. DEPARTMENT OF TRANSPORTATION highway travel specifications. a. Trailer shall be constructed with a steel frame, torsion bar suspension, and electric brakes. b. Trailer shall be equipped with P235i 75R15 tires, fenders, safety chains, adjustable front and rear support stands, and a 2" ball bull dog hitch. c. The trailer shall be equipped with full running lights and reflectors for road visibility and safety. d. The trailer shall be equipped with a muffler designed to limit noise to a level acceptable in a residential area. ENCLOSURE A. DESCRIPTION: 1. The entire pump unit shall be enclosed to reduce operating noise below EPA 76 DBA standard from 23 feet away. a. The enclosure shall be equipped with two padlockable access panels with a minimum opening of 82" x 22" to (ow facilitate pump and engine servicing. -7- 5J-9 (lobe b. The enclosure shall incorporate a removable panel to access the pump cleanout cover plate. c. Enclosure shall have a lockable access panel for the engine control and level control system. CONTROL SYSTEM A. DESCRIPTION: 1. The engine shall be equipped with all controls and components required for manual and automatic operation when used with the engine controls and DC level control system described herein. Such components shall include, but not limited to, the following: a. 12 volt DC electrical system including starter and alternator. b. Storage battery, 180 ampere-hour capacity minimum. c. Elapsed running time meter. d. Sensors for engine temperature, oil pressure, and overspeed. e. Switch for manual or automatic operation of the engine. f. Alternator ammeter. B. ENGINE ELECTRICAL CONTROL COMPONENTS: (hoe1. The electrical control components shall be provided by the pump supplier and shall be provided with the following features: a. Indicating lights shall be LED type and shall be provided for the following features: 1) Engine overcrank. 2) Engine low oil pressure. 3) High engine cylinder temperature. 4) Engine overspeed. b. A six-digit elapsed time meter (non-reset type) shall be provided to indicate the total engine running time in "hours" and "tenths of hours". C. FLUID LEVEL CONTROL SYSTEM: 1. TYPE: a. The level control system shall utilize a submersible transducer which shall extend into the wet well. b. The transducer shall provide wet well level signals for the remainder of the level control system. 2. SEQUENCE OF OPERATION: (lire a. The level control system shall continuously monitor the wet well level, permitting the operator to read wet well level at any time. -8- 5J-10 b. Automatic operation: 1) The electronic pressure switch shall start the pump unit when the liquid level in the wet well rises to the "pump start level". 2) The electronic pressure switch shall stop the pump when the liquid is lowered to the "pump stop level". c. The start and stop levels shall be adjustable as described in 'ELECTRONIC COMPARATORS' below. 3. ELECTRONIC PRESSURE SWITCH LIQUID LEVEL CONTROL DESCRIPTION: The electronic pressure switch shall include integral components to perform all pressure sensing, signal conditioning, EMI and RFI suppression, DC power supply and 12 volt DC outputs. Comparators shall be solid state, and shall be integrated with other components to perform as described below. a. The electronic pressure switch shall be capable of operating on a supply voltage of 12 volts DC +/- 10% in an ambient temperature range of-18 degrees C (0 degrees F) through +55 degrees C (131 degrees F). b. Control range shall be 0 to 32.0 feet of water with an overall repeat accuracy of+/- 0.1 feet of water column. c. The electronic pressure switch shall consist of the (sr following integral components: 1) SUBMERSIBLE PRESSURE TRANSDUCER SENSOR a) The (level) pressure sensor shall be a diffused piezoresistive semi-conductor submersible sensor which shall be designed to install in the wet well. b) The transducer output shall be filtered to prevent control response to level pulsations or surges. c) The transducer range shall be 0 to 15 psi, temperature compensated from -0 degrees C (32 degrees F) through +50 degrees C (+122 degrees F), with a repeat accuracy of+/- 0.5% full scale about a fixed temperature. d) Transducer overpressure rating shall be 3 times full scale. e) Sensor housing and diaphragm shall be stainless steel on non-clogging design with silicone oil filled fluid. f) A laser trimmed hybrid circuit shall be used to standardize output and null offset and to provide precise temperature compensation. L -9- SJ-11 (61., 2) DISPLAY a) The electronic pressure switch shall incorporate a digital panel meter which, upon operator selection, shall display liquid level in the wet well, and the preset start and stop level for both lead and lag pump. b) The meter shall be a 3 1/2 digit display calibrated to read out directly in feet of water, accurate to within one-tenth foot (0.1 foot), with a full scale indication of not less than 33 feet. 3) ELECTRONIC COMPARATORS a) Level adjustments shall be electronic comparator setpoints to control the levels at which the engine starts and stops. Each of the level settings shall be adjustable, and accessible to the operator without opening the control panel or any cover panel on the electronic pressures switch. b) Controls shall be provided to permit the operator to read the selected levels on the display. Such adjustments shall not require hard wiring, the use of electronic test equipment, artificial level simulation or introduction of pressure to the (titme electronic pressure switch. 4) OUTPUT RELAYS a) Each output relay in the electronic pressure switch shall be solid state. b) Each relay input shall be optically isolated from its output and shall incorporate zero crossover switching to provide high immunity to electrical noise. c) The "ON" state of each relay shall be indicated by illumination of a light emitting diode. d) The output of each relay shall be individually fused providing fused overload and short circuit protection. e) Each output relay shall have an indicative load rating equivalent to one NEMA size 4 contactor. f) A pilot relay shall be incorporated for loads greater than a size 4 contactor. 4. QUALITY ASSURANCE: a. Each electronic pressure switch shall be subject to severe environmental tests to minimize field failures. b. The tests shall include but is not limited to: Lie 1) A vibration test. 2) Exposure to elevated temperatures. 3) A burn-in under load. -10- 5J-12 (we 4) Further testing may be conducted at the manufacturer's discretion. 5. SERVICEABILITY: a. The electronic pressure switch shall be equipped with replaceable plug-in integrated circuits and output fuses. b. The main circuit board assembly shall be provided with keyed plug-in connections to off-board components permitting main board removal without de-soldering. c. All printed circuits shall have a conformal coating applied to both sides to protect against moisture or fungus. D. ENGINE CONTROL SYSTEM: 1. The engine control system shall be designed to accomplish the following tasks: a. Permit operator to select mode of engine operation, providing manual start command from the level control system, and stop the engine upon a stop command. b. Crank the engine upon a start command from the level control system, and stop the engine upon a stop command. (we c. Stop the cranking sequence if the engine fails to start after a reasonable number of attempts, and to provide an alarm indication of failure to start. d. While the engine is operating, continuously monitor engine speed, temperature and oil pressure. e. Stop the engine for excessive speed, excessive cylinder head temperature, or insufficient oil pressure, provide an alarm indication of shutdown and its cause. 2. SEQUENCE OF OPERATION: a. The engine control system shall start the engine cranking motor for a short period of time when the level control system provides a start command in automatic operation. If the engine does not start, the system shall stop the cranking motor for a short period of time, then resume cranking. Typically, 5 10-second cranking periods, each followed by a 10-second rest period, should be considered a reasonable effort to start the engine. When the engine starts, a sensor on the engine or elsewhere in the system shall stop the cranking cycle and reset the cranking circuit for the next start. b. If the engine does not start within the preset number of attempts, the cranking circuit shall be de-energized, and an overcrank indicator on the control panel shall be illuminated. -ll- 5J-13 (kir' c. Circuits shall monitor engine parameters startup. A failure shall stop the engine, and illuminate a labeled fault indicator on the control panel. 3. CIRCUIT DETAILS: Switches or other devices shall be provided and connected to perform as follows: a. Automatic operation: engine shall start and stop under control of the level control and engine control system. b. Manual operation: engine cranking motor shall be controlled by the engine control system. Once started, engine shall run until "off' is selected, or the engine failure circuit stops the engine. c. Safety controls: stop the engine if it is running, and prevent it from starting during maintenance or repair. 4. ENGINE FAILURE: Engine failure circuits shall stop the engine, illuminate a labeled indicator on the control panel, for each of the following conditions: a. Engine speed exceeds maximum overspeed setting. b. Engine temperature exceeds safe operating temperature as specified by the engine manufacturer. c. Engine oil pressure falls below engine manufacturer's specified recommendations. d. Engine fails to start after several attempts. 5. POWER: Operating power for the engine and level control system shall be provided by the storage battery furnished with the engine. MANUFACTURER'S RESPONSIBILITIES A. OPERATIONAL TEST: 1. The pump shall be given an operational test in accordance with the standards of the hydraulic institute. Recordings of the test shall substantiate the correct performance of the equipment at the design head, capacity, speed, and horsepower as herein specified. 2. Owners requesting to witness the operational tests shall be invited to the manufacturer's facility for the tests. B. SUPPORT LITERATURE: 1. The manufacturer of the pump shall be responsible for delivery to the City of Southlake of 5 copies of the support,literature required herein. C. OPERATION MAINTENANCE MANUALS: (Iry -12- 5J-14 (lbw 1. The pump manufacturer shall be responsible for supplying written instructions, which shall be sufficiently comprehensive to enable the operator to operate and maintain the pumps supplied by the manufacturer. Said instructions shall assume that the operator is familiar with pumps, piping, and valves, but that he has not previously operated and/or maintained the exact equipment supplied. 2. The instructions shall be prepared as a system manual applicable solely to the pump and equipment supplied by the manufacturer to these specifications and shall include those devices and equipment supplied by him. However, items of equipment for which the manufacturer has made mounting or other provisions, but which he has not supplied, may be excluded from these instructions. 3. These instructions shall include, but not limited to, the following: a. Descriptions of, and operating instructions for, each major component of the pumping system as supplied. b. Instructions for operation of the pumping system in all intended modes of operation. c. Instruction for all adjustments which must be performed at initial startup of the pumping system, adjustments which must be performed after the replacement of the level control system components, and adjustments which must be performed in the course of preventative maintenance as specified by the manufacturer. d. Service instruction for major components not manufactured by the pumping system manufacturer but which are supplied by him in accordance with these specifications. The incorporation of literature produced by the actual component manufacturer shall be acceptable. e. Electrical schematic diagram of the pump system as supplied, prepared in accordance with NMTBA and JIC standards. f. Layout drawing of the pumping system as supplied, prepared in accordance with good commercial practice, showing the locations of pump, engine, valves, and piping. 4. Operation and Maintenance instructions which are limited to a collection of components manufacturer literature without overall instructions shall not be acceptable. 5. Operation and Maintenance instructions shall be specific to the equipment supplied in accordance with these specifications. MANUFACTURER'S ABILITIES A. Upon request, the pump manufacturer shall demonstrate proof of financial responsibility with respect to performance and delivery date. -13- 5J-15 (lbw B. Upon request, the pump manufacturer shall demonstrate proof of evidence of facilities, equipment, and skills required to produce equipment specified herein. MANUFACTURER'S WARRANTY A. The pump manufacturer shall warrant the factory pumping unit to be of quality construction, free from defects in material and workmanship. 1. The equipment, apparatus, and parts furnished shall be warranted for a period of one (1) year, excepting only those items that are normally consumed in service, such as oil, grease, gaskets, o-rings, etc. 2. This warranty does not obligate the manufacturer to bear the cost of labor or transportation charges in connection with replacement or repair of defective parts; nor shall it apply to a pump upon which repairs or alterations have been made unless authorized by the manufacturer. B. In no event shall the manufacturer be liable for consequential damages or contingent liabilities arising out of failure of any product or parts thereof to operate properly, C. The warranty shall become effective upon delivery to the City of Southlake. STARTUP SERVICE A. Services of a qualified technical representative of the pump manufacturer shall be provided for one day to supervise the initial startup and operation of the pumping equipment and instruct the City of Southlake personnel in the proper operation and maintenance of the equipment. L -14- 5J-16 f - City of Southlake, Texas MEMORANDUM February 13, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Request authorization to advertise for bids for Hydro-Storz Quick Connectors I - BACKGROUND During the preparation of the FY 97-98 Water Utilities Budget, Council authorized the purchase of Hydro-Storz Quick Connectors. The budget provides $58,000.00 for the purchase of these items. RECOMMENDATION Staff recommends Council authorize advertisement for bids for Hydro-Storz Quick Connectors. Please place this item on the February 17, 1998 Regular City Council Agenda for City Council review and consideration. CRE Attachments: Memo from Ernest Bramlett, Water Utilities Superintendent Hydro-Storz Specifications Sir* it 'I 5K-1 City of Southlake, Texas MEMORANDUM February 11, 1998 TO: Robert Whitehead, Director of Public Works FROM: Ernest Bramlett, Water Utilities Superintendent SUBJECT: Authorization to Bid for Portable Sewer Pump System and Hydro-Storz Quick Connectors I am requesting authorization to accept bids for a Portable Sewer Pump System and Hydro-Storz Quick Connectors. The portable sewer pump has been authorized in the Fiscal Year 1998 Wastewater Budget, with an available amount of$48,580. The Storz connectors are authorized in the Fiscal Year 1998 Water Budget, with an available amount of$58,000. Specifications for both projects are enclosed. If possible, I would like to have both of these projects put on the next City Council Meeting Agenda for approval. EB/j e 5K-2 CITY OF SOUTHLAKE SPECIFICATIONS FOR 400 HYDRA-STORZ QUICK CONNECT HYDRANT SYSTEMS The Hydra-Storz hydrant nozzle adaptors shall be constructed of high strength, light weight, corrosion resistant aluminum alloy capable of being securely attached in threaded fire hydrant nozzles. A rugged stainless steel butterfly valve assembly shall be provided, designed to automatically open with water flow. The butterfly valves shall be spring loaded and remain shut when there is no water flow, providing security and protection for the hydrant nozzle opening. A Storz hose connection shall be provided conforming to industry standards. The hose sealing surface shall consist of a machined metal seat to eliminate rubber gaskets. Hydrant thread connections shall be 4 YZ"National Hose. For hydrant thread other than National Hose, detailed thread specifications and/or a thread sample will be provided. Hose connections shall be 5" Storz. Provide fifty(50) 5"Hydra-Storz blind caps. L 5K-3 • f.. City of South lake, Texas — MEMORANDUM (1161., February 13, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Change Order No. 2 to Mid-State Utilities, Inc. contract for Mission Hills Sanitary Sewer Improvements BACKGROUND In order to serve the residents along the east side of San Juan Dr. (see attached Exhibit 1), the sanitary sewer must be located within the exiting utility easement in the backyards. The proposed sewer line will parallel the existing private lake. Due to the existing ground water and recent rains, the area along the proposed sewer line alignment is currently saturated. Furthermore, discussions with the residents along the lake indicate that the area along the proposed sewer alignment is continually saturated year round. Therefore, construction of the sewer line by open cut trenching will be drastically hindered. In addition, there will be an extensive amount of clean-up and septic leech field repair utilizing the open cut trenching method for the construction of this sewer line. Staff has discussed with Mid-State Utilities, Inc. to use trenchless technology to their benefit for this portion of the sewer line. Utilizing directional boring in lieu of the open cut trenching method will eliminate the vast majority of the aforementioned problems. In recent discussions with some of the homeowners that will be affected, boring this portion of the sewer line was preferred in order to minimize the amount of disturbance to their backyards. The total estimated difference between open cut trenching and directional boring the sewer lines (shown on Exhibit 1) as provided by Mid-State Utilities, Inc. is $16,732.50. RECOMMENDATION Staff recommends Council approve Change Order No. 2 for the contract with Mid- State Utilities, Inc. for Mission Hills sanitary sewer improvements. Please place this item on the February 17, 1998 Regular City Council Agenda for City Council review and considerationn. EP 6.— —4-1/giet= S (11••• Attachments: Change Order No. 2 Mid-State Utilities, Inc. Proposal Exhibit 1 5L-1 (bre CHANGE ORDER No. 2 Dated: February 18, 1998 Project Neighborhood Sewer Program Phase II-Mission Hill Estates OWNER City of Southlake Contract For Sanitary Sewer Improvements Contract Date January 12, 1998 To: Mid-State Utilities, Inc. Contractor You are directed to make the changes noted below in the subject Contract: City of Southlake Owner By City Manager Dated , 1998 Nature of Changes: Remove Following Items From Contract: I) Furnish and install 6" sanitary sewer pipe (SDR-35) 838 L.F. @ S 22.50 = S18.855.00 in 0'-8' trench depth; complete installation, including necessary trenching, embedment, placement &backfill, Bermuda and/or St. Augustine sodding 2) Furnish and install 6" sanitary sewer pipe (SDR-35) 95 L.F. @ S 25.20 = $2.394.00 in 8'-10' trench depth; complete installation, including necessary trenching, embedment, placement &backfill. Bermuda and/or St. Augustine sodding 3) Short sanitary sewer service including boring if 3 EA. @ $ 246.00 = S 738.00 necessary. installing 4" sewer service pipe (SDR-35) connection at main, Bermuda and/or St. Augustine Le.• sodding. where necesary, complete in place Page 1 of 2 5L-2 4) Construct 6" bored crossings for roadways and tree 172 L.F. c! $ 41.50 = $ 7138.00 conflicts at various locations; complete installation, including 6" PVC (use C-900, DR-18 when bores exceed 40 L.F.) Total = S 29,125.00 Additional Work to be Constructed: 1) Construct 6" directional bore at various locations; 1105 L.F. c $ 41.50 = $45,85 7.50 complete installation, including 6" PVC (DR-17) Total Amount Change Order = S 16732.50 These Changes result in the following adjustment of Contract Price and Contract Time: Contract Price Prior to This Change Order $ $403,781.74 Net Increase Resulting from This Change Order S $16,732.50 Current Contract Price Including This Change Order $ $420,514.24 NSPE-ASCE 1910-8-B(1978 Edition) L Contract Time Prior to This Change 150 calendar days Net Resulting from This Change Order 0 Current Contract Time Including This Change Order 150 calendar days The Above Changes Are Approved: Robert R Whitehead, P.E. Engineer By Date , 1998 The Above Changes Are Accepted: Mid-State Utilities, Inc. Contractor By Date , 1998 d:wd-fileskip\se%ermission.co2 Page 2 of 2 5L-3 • • STATE UTILITIES, • P.O. BOX 1160 • WACO,TEXAS 78703 FEBRUARY 11,1998 CITY OF SOUTHLAKE 667 N. CARROLL AVE. SOUTHLARE,TE 4S 76092 ATTENTION:SHAWN POE,CAPITOL PROJECT COORDINATOR RE:MISSION HILL ESTATES; • MR.SHAWN POE, WE WOULD LIKE TO SUBMIT THE FOLLOWING CHANGE ORDER REQUEST FOR THE ABOVE REFERENCED PROJECT PER OUR MEETING ON FRIDAY, FEBRUARY 6,1998: DELETE BY OPEN CUT ON LINE B,A TOTAL OF 828 LF AT 22.50 PER FT. AT THE FOLLOWING STATIONS: STA 0+00 TO 0+23 = 23 LF STA 1+18 TO 1+49 = 81 LF STA 1+64 TO 1+84 = 20 LF STA 2+04 TO 3+69 = 156 LF STA 3+85 TO 5+11 = 128 LF STA 5+27 TO 10+00=473 LF TOTAL 828 LF AT 22.50 PER FOOT =$18,530.00 DELETE BY OPEN CUT ON LINE B-A,A TOTAL 106 LF AT THE FOLLOW- ING STATIONS AND PRICE; STA 0+00 TO 0+96 =95 LF AT 25.20 PER FOOT n 2,394.00 STA 0+95 TO 1+05 =10 LF AT 22.50 PER FOOT - ;�25.00 TOTAL FOR LINE B-A R $2,619.00 DELETE 172LF BORE BY CONVENTIONAL BORING METHOD AT 41.50 PER LF AT THE FOLLOWING STATION STA 0+23 TO 1+18 = 95 LF STA 1+49 TO 1+84 = 15 LF STA 1+84 TO 2+04• = 20 LF STA 3+69 TO 3+85= 26 LF STA 5+11 TO 6+27 = 16 LF TOTAL 172 LF AT 41:50 PER FOOT = $7,138.00 DELETE 3 SANITARY SEWER SERVICES AT 246.00 EACH - 3 738.00 THE TOTAL AMOUNT OF DELETIONS IS$ 29.125.OQ • • 5L-4 ZO 'd rt'9S E98 bS.' G I LI1I11I 311-!1S CIW Wd 80: 20 Q3M c ZN . P.O. BOX 1180 • WACO,TEXAS 76703 ADDITIONAL WORK TO BE DONE IS AS FOLLOWS: DIRECTIONAL BORE LINE B.STA 0+00 TO 10+00=1000 LF AT 41.50 PER FOOT = $41,500.00 DIRECTIONAL BORE LINE B-A-STA 0400 TO 1+06=105 LF AT 41.60 PER FOOT $4.557.60 TOTAL AMOUNT OF ADDITIONAL OF WORK IS $45.857.50, THE TOTAL AMOUNT OF THIS CHANGE ORDER REQUEST FOR THE ABOVE REFERENCED PROJECT IS$18.732.60.IF YOU HAVE ANT QUESTIONS OR COMMENTS,PLEASE CALL ME AT 817-999.1499-MOBILE OR AT THE OFFICE AT 254-863-6644. RinorucT T'lilUDnIITTDDI JIM ESTEP CC:FAXED TO 817-68-8Zig ORIGINAL IN THE MAIL L 51-5 G't7 -J .. .•� - _ a.r- = i — i ! i 7 I 1� I .T 7,.1 I.I _G I- n' _ _• _ -f City of Southlake, Texas MEMORANDUM February 13, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Authorize the Mayor to enter into a professional services agreement with Transystems Corporation for the engineering and design of the S-7 15-inch sanitary sewer line through the various fuel storage facilities along S.H. 26 BACKGROUND Transystems Corporation has been hired by various fuel companies to design private roads that will consolidate the access to the fuel storage facilities along S.H. 26. This will allow for the closing of four private access points across the railroad (DART) line that present a potential hazardous situation. This project presents an opportunity for the City, as well. The oil companies involved (kir have agreed to allow the City to install the S-7 sewer extension through their properties along the proposed private roadway. Transystems has provided a proposal to design the sewer line extension during the design of the private roadways. This will allow for the installation of the sewer line prior to the construction of the roadway. The cost of the professional services proposal totals $21,975.00. The S-7 sewer line will allow for the extension of sewer to areas such as Woodsey Court and Timberline Court, the industrial area newly platted as Cornerstone Business park between Kimball Ave (extended) and Crooked Lane, and will extend sewer to eliminate the Bank Place treatment plant. RECOMMENDATION Staff recommends Council authorize the Mayor to enter into a professional services agreement with Transystems Corporation for the engineering and design of a S-7 15- inch sanitary sewer line from Shamrock Oil Company easterly through the Fina fuel storage facility. Please place this item on the February 17, 1998 Regular City Council Agenda for City Council review and consideration. CRE Attachments: Transystems Proposal Map Exhibit 5M-1 T?AIVSYSTEIVIS A/ L February 6, 1998 RECEIVED T44 CITY OF SOUTHLAKE Attn. : Bob Whitehead DEPT.OF PUBLIC WORKS 1725 E. Southlake Blvd. Southlake, Texas 76092 Re: Proposed Sanitary Sewer Line Dear iMr. Whitehead: TranSystems appreciates the opportunity to present this proposal and fee for your consideration. We understand the project to be the construction of a new 15" sanitary sewer line basically following the alignment of the proposed driveways for tl-.:: oil companies. The oil companies have requested taps for their offices. The city will negotiate all easement rights, TranSystems will prepare easements and exhibits for filing. (140," This proposal is based upon: A. Surveying S1,800.00 • Surveying east and west ends of proposed alignment • • One driveway crossing to supplement the survey from the design of the proposed driveways. B. Easements S1,000.00 • Prepare easements and exhibits for the proposed alignment. C. Construction Staking S3,500.00 • Provide one set of construction stakes once contractor has been selected. D. Plans & Specifications 515,675.00 • Prepare plans and specifications for approximately 4000 linear feet of 15" sanitary sewer line. • Provide cadd files when completed. • Compile bid tabs and make recommendation to city. • Total Fee 521,9 75.00 (kr C:WORK Southlak.doc NationsBank Building, 500 West Seventh Street, Suite 600 • Fort Worth, Texas 76102 • (817) 339-8950 Fax: (817) 336-2247 5M-2 L This proposal assumes the survey for the driveways for the oil companies has been completed and �yill be utilized in this design. No boundary survey and or title research is included. The City will provide Geotechnical information if needed. Expenses will billed directly and are estimated to be S500.00. If you have any questions or require additional information please give me a call. Sincerely, TranSystems Corporation Consultants C. 7 oseph C. Masterson, P.E. Project Manager • (kiwi C: WORK Southlak.doc 5M-3 • City of Southlake,Texas MEMORANDUM February 13, 1998 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Acting Parks and Recreation Director SUBJECT: Authorize City Manager to enter into contract to replace fences on Bicentennial Park, Fields #4 and #5 As you recall, SPDC budgeted replacement fences for ballfields #4 and #5 for fiscal year 1997-98. The new fencing will replace the temporary fencing installed three years ago and will bring the fencing up to the standards of the other field fences. We have received quotes from three companies and recommend accepting the quote by American National Fence for $14,770. This quote includes replacement of the fences and installation of concrete pads in the dugouts. American National Fence has considerable experience in ballfield fence construction, including the Hurst ballfield complex on Pipeline Road, the Texas Star complex in Euless, and the Grapevine High School baseball fields. Ben Henry, Parks Planning and Construction Superintendent, has also recommended moving the fences in about three (3) feet from the outfield on each field. This will allow a pathway between the fields to create easier access for maintenance since the existing fences abut each other. Ben has discussed this with Jim Thomas, Southlake Baseball Association President, and he has agreed with this plan. SPDC will consider this item on their Monday, February 16 meeting. Staff recommends the acceptance of the quote from American National Fence for $14,770, which is within the budgeted amount of$16,805. We request you place this item on the February 16 SPDC agenda and the February 17 City Council agenda for consideration. Please contact me or Ben Henry if you have any further questions. KH Attachment: Quote from American National Fence, Proposal #98006 JAA1 AMERICAN NATIONAL FENCE P. O. BOX 210577 BEDFORD, TEXAS 76095-7577 817-868-0079 Proposal # 98006 Date: 01-26-98 Proposal +tted To Work To Be Performed At Name: City of Southlake Street: Baseball Fields Street: 400 N. White Chapel City: Same City: Southlake. Texas 76092 Telephone: 817-481-5581 Work/Fax: 817- Same We hereby propose to furnish the materials and perform the tabor.necessary for the completion of: See attached sheet for details to proposal. Alf material is guaranteed to be as specified,and the above work to be performed in accordance with the drawing and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of: Dollars ( $ 14, 770°= ) with payments to be made as.follows: Deposit ( $ 00.00 ) to start - Balance ( $ IH, 770 "--) on completion. *Any alteration or deviation from above specifications'involving extra costs will be executed only upon written order,and will become an extra charge over and above the estimate. All agreements contingent upon accidents or delays beyond our control. Any late payment 10 days from invoice date will be assessed a 1.5%late charge.All material is considered removable for nonpayment according to terms.The fence shall follow the contour of the ground unless specified below. (1)Fence shall follow contour of the ground:X ((ustomer Signature) • (2)Fence shall be installed as follows: Date: iJ X (Customer Signature) Respectfully Submitted by: HENRY HINOJOZA American National Fence warrants its workmanship for a period of it year from completion date.Paint on ornamental iron is warranted for a period of 1 year from completion date.This warranty is not valid against natural disasters,or Acts-of God tryond the control of American National Fence. • Rock Removal:Purchaser is responsible for rental of required equipment it needed to facilitate removal of rock and/or a minimum of $15.D0 per hole extra charge.Purchaser assumes responsibility for establishing lines and stakes.If surface evidence does not indicate such lines or stakes no responsibility is assumed by American National Fence.Purchaser shall furnish location of and be responsible for accidental damage to any underground wires,pipes,sewers,conduits,or restrictions of any nature which might interfere with installation. Purchaser shall obtain and pay for permits required by governmental entities. _Acceptance Of Contract The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as-specified. Payment will be made as outlined above. This contract may be withdrawn by American National Fence if not accepted within 30 days. Signature: Date: • �/ VcR City of Southlake,Texas 4' tall fence: All 4'tall fencing will be constructed utilizing galvanized 9 gauge,2" mesh. The top rail will be 15/8"schedule 40 galvanized pipe. The line posts will be 2"schedule 40 galvanized pipe set in 12 x 30"piers. The corner/gate posts will be 2.5"schedule 40 galvanized pipe also set in 12 x 30" piers. All posts receive caps. A bottom tension wire will be secured to each post and to the chain link wire. 6'tall fence: All 6' tall fencing will be constructed utilizing galvanized 9 gauge,2" mesh. The top rail will be I 5/8" schedule 40 galvanized pipe. The line posts will be 2"schedule 40 galvanized pipe set in 12 x 30"piers. The . corner/gate posts will be 2.5" schedule 40 galvanized pipe also set in 12 x - 30"piers. All posts teccive caps. A bottom tension wire will be secured to each post and to the chain link wire. 8' tall fence: All 8'tall fencing Obe constructed utilizing galvanized 9 gauge,2" mesh. The top rail will be 1 5/8"schedule 40 galvanized pipe. The line posts will be 2"schedule 40 galvanized pipe set in 12 x 30" piers. The corner/gate posts will be 2.5"schedule 40 galvanized pipe also set in 12 x 0" piers. All posts receive caps. A bottom tension wire will be secured to each post and to the chain link wire. 12' tall fence: All 12'tall fencing will be constructed utilizing galvanized 9 gauge,2" mesh. The top,middle and bottom rails will be 1 5/8"schedule 40 galvanized pipe. All posts will be 3"schedule 40 galvanized pipe set in 12 x 36" piers. All posts receive caps. Concrete: All four dugouts shall receive a 8'x 20'concrete slab,consisting of 4" thick,3,000 psi concrete. It will be reinforced with#3 rebar on 18" centers in both directions. Dugout fence posts will be set inside the slab. Field #4 Field#4 will receive approximately 410'of 4' fence;66'of 6'fence,92'of 8' fence, 26'of 12'fence, two 6'tall by 3'wide gates(for dugout access),one 4'by 8'wide double swin' gate,and two 8'x 20'concrete dugout pads Your total price for the removarof cxis'ting fencing and replacement of the above described S 7, 4110 gz Field #5 Field#5 will receive approximately 397 of 4'fence,66'of 6'fence,92'of 8' fence, 26'of 12' fence, two 6'tall by 3' wide gates(for dugout access),one 4'by 8'wide double swing gate, and two 8'x 20'concrete dugout pads. Your total price for the removal of existing fencing and replacement of the above described s 7, 330 a� Your Total Price For Both Fields....... Ai/ 770 .. These prices are based on my estimated field measurements. Unit prices below prevail over lump sum total. We will measure the installing fencing upon completion, with you present,and will bill you accordingly. 4'tall 807 S (2,.41.2 - 6' tall 132FrS l5 ,s Fr = !999.80 8'tall . , 12'tall I �S 11 ?� �r - =2ot�.3Z II ErS 32.Ai F7. = ILx, 1 Concrete per sq. ft. 2 2O !3 � ' —_= Zl �11 3 IL1, 770 42. 3 ' d 5�.. V y k _r 4}4 Y._ mfi{ ..,04:1A...04,1"kt 0 4 i- • b nE ea "„ c 'h C_ m^5 d .sttyy • 1}Sj �` t t 2 4 S 1. ' t---- i• ' ''Li-s -,.tr_ .\-,., • ,, '-a, ---4.'1$‘, ..-Azir, 1-7.r:Nlt"---1 , V r� -.. 1111 IP r ......„,...... •,,,... .„... . 4„,„:1• r.,. _. f. "� : i i _ r� aka MIMI ir Iit. dr ,li : .1, ,A... ,,,,A, --fli-k-'4,44- V-4-,2 t m yg t t t'�'"wngyr' 1 Ek e 1,.., �F t s 4 mit; ''.s , I Ir. ,,t... i,,,i, le ,,,,,,t:i..„, m s,,, t _,:, :i., r_ j 5 ♦y, i ., $ F i rM8 , "' » kk Ch CIL ii 4 - ' i: IL = , :.' ',,- - , R ' [ . CD - , , , , ._ L. ,, � I /',... 0 Z 5N-4 City of Southlake,Texas MEMORANDUM February 13, 1998 TO: Curtis E. Hawk, City Manager FROM: Kevin Hugman, Acting Parks and Recreation Director SUBJECT: Authorization to bid for contract mowing As last year, the Parks Department has budgeted again for contract mowing of City rights of way, medians, parks, trails, and other City property. The ROW mowing on SH 114 and FM 1709 will supplement the mowing done by the Texas Department of Transportation. The budgeted amount is $120,000. We would like to begin the mowing the first part of April. The contract will be through October 31, 1998. Staff requests permission to advertise for bids for contract mowing. Please place this item on the February 17 City Council agenda for their consideration. Please contact me if you have any further questions. V 1111 KH L 5 City of Southlake,Texas MEMORANDUM February 12, 1998 TO: Curtis E. Hawk, City Manager FROM: Shang K. Yelverton, Assistant City Manager SUBJECT: Ordinance No. 691, Approving Retail Base Rate Reductions for Texas Utilities Electric Company Pursuant to the Public Utility Regulatory Act, municipalities have exclusive original jurisdiction to regulate the rates, operations and and services of electric utilities within the city's corporate limits. On December 22, 1997, Texas Utilities Electric Company ("T.U.") filed a Petition and Statement of Intent to Implement Base Rate Reductions for retail electric service within our city. The petition and statement of intent is attached for your information. T.U. is requesting approval of an ordinance ratifying the rate reductions, and your packet contains an ordinance prepared by our city attorneys to do so. It should be noted that the Steering Committee of cities served by T.U. met on January 8, 1998 to discuss how cities should respond to the rate reduction proposal, and recommended via a model ordinance sent to cities on January 13 that member cities accept the rate reductions contained in the T.U. filing presented to the Public Utilities Commission (via a "Stipulation") and pass a most favored nations provision to ensure that the residents of each city receive the maximum relief offered to any portion of the T.U. system. The committee also determined that it was appropriate to intervene in the PUC proceeding where T.U.'s Stipulation is being considered to 1) seek greater rate reductions and 2) oppose provisions related to depreciation. In response to the committee's position on the last issues, Section 8 of the ordinance provides that while the Council approves the rate reduction, the ordinance should not be construed to mean that Southlake approves any depreciation shifting procedures as a means for T.U. recovering uneconomic investment in generation plants. It is staff's position that this issue is best analyzed by the Public Utilities Commission. Of course, approval of this rate reduction does not preclude us from approving future reductions. Please place Ordinance 691 on the February 17 City Council agenda for second reading. Questions about the ordinance may be directed to me or Debra Drayovitch. S.-. Enc. Ordinance 691 Petition and Statement of Intent Notice to Ratepayers Article regarding rate case from Midland Reporter Telegram ,<a JAN--28-1998 09:15 LAW FIRM 817 332 4740 P.02/83 ORDINANCE NO. 6"f 1 AN ORDINANCE APPROVING RETAIL BASE RATE REDUCTIONS FOR TEXAS UTILITIES ELECTRIC COMPANY; PROVIDING AN EFFECTIVE DATE THEREFOR; PROVIDING CONDITIONS UNDER WHICH THE RATE SCHEDULES AND SERVICE REGULATIONS OF TEXAS UTILITIES ELECTRIC COMPANY MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN, PROVIDING A FAVORED NATIONS CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. On December 22, 1997,Texas Utilities Electric Company("TU")filed with the City of Southlake a Petition and Statement of Intent to implement base rate reductions for its retail electric service customers within this municipality,which base rate reductions are components of a settlement reached among various parties set forth in the Stipulation and Joint Application for Approval Thereof(Stipulation) filed with the Public Utility Commission of Texas ("PUG') on December 17, 1997. SECTION 2. The said rate schedules implementing such retail base rate reductions are Le hereby approved as the rate schedules implementing such retail base rate reductions within the corporate limits of this municipality until such time as the rate schedules of Texas Utilities Electric Company maybe changed,modified,amended orwithdrawn with the approval of the City Council. SECTION 3. The aforesaid rate schedules herein approved shall be effective beginning January 1, 1998. SECTION 4. The filing of the rate schedules implementing such retail base rate reductions- being Rider RRD - Residential Rate Reduction, Rider GSRD - General Service Secondary Rate Reduction and Rider RD-Rate Reduction -shall constitute notice to the consumers of electricity, within this municipality,of the availability and application of such rate schedules. SECTION 5. Nothing in this Ordinance contained shall be construed now or hereafter as limiting or modifying in any manner the right and power of the City of Southlake under the law to regulate the rates, operations, and services of Texas Utilities Electric Company. SECTION 6. It is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public and as required by law and that public notice of the time, place and purpose of said meeting was given as required. Cie M LIBRARY Sou hlakeORDINAN(1'l'L Eica ie2 l • 1 JAfF-28-1998 09:15 LAW FIRM 817 332 4740 P.83/03 SECTION 7 Notwithstanding any other provision of this Ordinance,the rates authorized far electric service in the City of Soutblake shall not exceed the lowest rates available to residents of any other municipality served by TUEC finally resulting from TUEC's filing of the stipulation and any appeals from city ordinances therewith. SECTION 8. The action of the City Council of Soutblake is adopting this rate reduction ordinance should not be construed to mean the City of Soutblake approves any depreciation shifting procedure as a means for TUEC recovering uneconomic investment in generation plants. SECTION 9. This ordinance shall take effect immediately upon its passage. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF ,199_ MAYOR ATTEST: CITY SECRETARY (p. PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 199_• MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney (00., Ku.raamms.ghlArAoRDNANIortiElictric2 f(� TOTAL P.03 • EMIEW WNW TUELECTRIC' A T utiiiii . . C . no arti- R. D. Keeney Vice President December 22, 1997 TO THE HONORABLE MAYOR AND COUNCIL PERSONS OF ALL CITIES WHICH RETAIN THEIR ORIGINAL JURISDICTION OVER THE RATES OF TU ELECTRIC Ladies and Gentlemen: Attached for filing please find a Petition of Texas Utilities Electric Company (TU Electric) proposing a rate reduction for all retail customers. This Petition is identical to those being filed today with other regulatory authorities and affects all customers served by TU Electric. (aweAlso, transmitted with this letter as a part of this filing is a one-volume filing package containing a copy of the Stipulation and Joint Application For Approval Thereof filed with the Public Utility Commission on December 17, 1997, and the supporting testimony. A copy of the notice that is being sent to all our customers is also attached for your convenience. Should you have any questions concerning this filing, please contact the TU Electric manager serving your community. Very truly yours, RDK 14 -‘"4-7 Attachment Receipt Acknowled ed By: Name: oluunwNe lLly �ZHLA ����i cr.0 *0. City of : Snurhl akp =O= :jc Title: Assistant City Manager Date: December 22, 1997 ��iq� ***‘\�����\\ IAV � • BEFORE THE GOVERNING BODY OF THE CITY OF SOUTHLAKE APPLICATION OF TEXAS UTILITIES ELECTRIC § COMPANY FOR AUTHORITY TO IMPLEMENT § DOCKET NO. RETAIL BASE RATE REDUCTIONS § PETITION AND STATEMENT OF INTENT TO THE HONORABLE GOVERNING BODY OF SAID CITY: COMES NOW Texas Utilities Electric Company ("TU Electric"), a corporation organized and existing under the laws of the State of Texas and a public utility as that term is defined in the Public Utility Regulatory Act, Title II of the Texas Utilities Code (the "PURA"), and files this its Petition and Statement of Intent, respectfully showing unto this Honorable Governing Body the following: On December 17, 1997, a Stipulation and Joint Application for Approval Thereof and Request for Immediate Interim Rate Reductions (the "Stipulation") was filed with the Public Utility Commission of Texas on behalf of TU Electric, the General Counsel of the Public Utility Commission of Texas, the Office of Public Utility Counsel, and various other parties interested in TU Electric's rates and services. A copy of said Stipulation, together with the supporting testimony filed by TU Electric with the Public Utility Commission of Texas, is submitted herewith and made a part hereof for all purposes. The Stipulation addresses several matters pertaining to TU Electric to be applicable during the two-year period, 1998 and 1999. An important component of the Stipulation is the implementation of base rate reductions for all of TU Electric's retail customers beginning January 1, 1998. Said retail base rate reductions are proposed to be implemented through the following rate schedules, copies of which are attached to this Petition and Statement of Intent and made a part hereof for all purposes: (a) Rider RRD - Residential Rate Reduction, which will effect a rate reduction equal to 4% of the base rate charges beginning in 1998, and a rate reduction equal to 5.4% of the base rate charges beginning in 1999, applicable to TU Electric's Residential customers; (kir (b) Rider GSRD - General Service Secondary Rate Reduction, which will effect a rate reduction equal to 2% of the base rate charges beginning in 1998 applicable to TU EleLtric's General Service Secondary customers; and kire (c) Rider RD - Rate Reduction, which will effect a rate reduction equal to 1% of the base rate charges beginning in 1998 applicable to all of TU Electric's retail customers other than those to which proposed Rider RRD and GSRD are applicable. TU Electric hereby requests this Honorable Governing Body to approve the said rate schedules for application within the corporate limits of this municipality beginning January 1, 1998. II. This Honorable Governing Body has jurisdiction over TU Electric and the subject matter of this Petition and Statement of Intent by virtue of Sections 33.001 and 36.101-36.111 of the PURA. III. All of TU Electric's customers and classes of customers in all areas over which this Honorable Governing Body exercises original jurisdiction will be affected by the proposed rate reductions. L IV. Since this is a rate reduction for all affected customers, TU Electric requests, as authorized by Section 36.104 of the PURA, that the attached Riders be effective January 1, 1998. V. The business and mailing address of TU Electric is: Texas Utilities Electric Company Energy Plaza 1601 Bryan Street Dallas, Dallas County, Texas 75201 TU Electric's business telephone number, including area code, is: (2f4) 812-4600 L -2- (41.9, TU Electric's authorized representatives are: R. D. Keeney Vice President Texas Utilities Electric Company Energy Plaza 1601 Bryan Street, Suite 32-002 Dallas, Dallas County, Texas 75201 Telephone: (214) 812-2778 and J. Dan Bohannan Worsham, Forsythe, & Wooldridge, L.L.P. 1601 Bryan Street, 30th Floor Dallas, Dallas County, Texas 75201 Telephone: (214) 979-3000 General inquiries concerning this Petition and Statement of Intent should be directed to Mr. Keeney at the above-stated address and telephone, or to the management of TU Electric's local office serving this municipality. All pleadings, motions, orders and other documents filed this proceeding should be served upon Mr. Bohannan at the above-stated address. WHEREFORE, PREMISES CONSIDERED, TU Electric respectfully prays this Honorable Governing Body to approve and authorize the retail base rate reductions as requested by approving the rate schedules attached hereto and to grant and award such other and further relief to which TU Electric may be justly entitled. Respectfully submitted, WORSHAM, FORSYTHE &WOOLDRIDGE, L.L.P. J. Dan Bohannan State Bar No. 02563000 1601 Bryan Street, 30th Floor Dallas, Texas 75201 Telephone: (214) 979-3000 • Fax: (214) 8801011 By: Cif& */11/40.*** , • ATTORNEYS FOR TEXAS UTILITIES - ELECTRIC COMPANY L -3- .. • Tariff for Electric Service Texas Utilities Electric Company Le,.1 Residential Service Sheet:7 Applicable:Cities Exercising Original Jurisdiction Page 1 of 1 Effective Date:January 1. 1998 Revision: Original 3.1.7 Rider RRD - Residential Rate Reduction Application Applicable to all customers receiving service under Rate R-Residential Service.Rate RLU-Residential Low Use Service.Rate RTU-Residential Tine-of-Use Service, and Rate RTU1 -Residential Time-of-Use Services. If the Public Utility Commission has not ailed by March 31, 1998,to approve or reject the Stipulation and Joint Application for Approval Thereof and Request for Immediate Rate Reductions('Stipulation)fled with the Commission in Docket No. 18490,and the City has not approved this tariff schedule by March 31, 1998,the Company may terminate the base rate reductions and all other aspects of the Stipulation then or at any time thereafter,upon giving the Commission and the City two weeks prior notice. In the event the Commission does not approve the Stipulation,this tariff schedule will automatically terminate as of the date the Commission enters an order inconsistent with the Stipulation. The provisions of the applicable rate schedule are modified only as shown herein. Monthly Rate In accordance with the terms of the applicable rate schedule,except that the amount under the applicable rate schedule,excluding the charges pursuant to Rider FC-Fuel Cost Factor,is reduced by 4%for all billings on or after January 1, 1998,and 5.4%for all billings on or after January 1, 1999. (kW .•r• L I O 1997 Texas Utilities Electric Company Rate Schedules 11.4 • Tariff for Electric Service Texas Utilities Electric Company kime. 3.2 General Service Sheet 24 Applicable:Cities Exercising Original Jurisdiction Page 1 of 1 Effective Cate:January 1. 1998 Revision: Original 3.2.24 Rider GSRD - General Service Rate Reduction Application Applicable to aN customers receiving service under Rate GS-General Service Secondary and Rate GTU-General Service Secondary Time-of-Use including any applicable riders. If the Public Utility Commission has not acted by March 31.1998,to approve or reject the Stipulation and Joint Application for Approval Thereof and Request for Immediate Rate Reductions CStipulation,filed with the Commission in Docket No. 18490,and the City has not approved this tariff schedule by March 31, 1998.the Company may terminate the base rate reductions and all other aspects of the Stipulation then or at any time thereafter.upon giving the Commission and City two weeks prior notice. In the event the Commission does not approve the Stipulation,this tariff schedule will automatically terminate as of the date the Commission enters an order inconsistent with the Stipulation. The provisions of the applicable rate schedule,including any applicable riders,are modified only as shown herein. Monthly Rate In accordance with the terms of the applicable rate schedule,except that the amount under the applicable rate schedule.excluding the charges pursuant to Rider FC-Fuel Cost Factor,is reduced by 2%for ail billings on or after January 1, 1998. (bre • (Ise O 1997 Texas Utilities Electric Company ) Rate Schedules 29.23 • Tariff for Electric Service Texas Utilities Electric Company 3.4 Other Applicable:Cities ExercisingShe JurisdictionLe age 1 18 of 1 Effective Date:January 1. 1998 Revision: Original 3.4.18 Rider RD - Rate Reduction Application Applicable to all retail customers receiving service under rate schedules other than those to which Rider RRD or Rider GSRD are applicable. If the Public Utility Commission has not acted by March 31.1998,to approve or reject the Stipulation and Joint Application for Approval Thereof and Request for Immediate Rate Reductions('Stipulation,feed with the Commission in Docket No. 18490,and the City has not approved this tariff schedule by March 31. 1998.the Company may terminate the base rate reductions and all other aspects of the Stipulation then or at any Urns thereaMr,upon giving the Commission and City two weeks prior notice. In the event the Commission does not approve the Stipulation,this tariff schedule will automatically terminate as of the date the Commission enters an order inconsistent with the Stipulation. The provisions of the applicable rate schedule,including any applicable riders,are modified only as shown herein. Monthly Rate In accordance with the terms of the applicable rate schedule.except that the amount under the applicable rate schedule,excluding the charges pursuant to Rider FC-Fuel Cost Factor,is reduced by 1%for all billings on or after January 1, 1998. For Rates RTP.RTP-I, and RIP-I-1 the 1%reduction is applicable only to non-fuel related charges for all billings on or after January 1. 1998. L L `1v m 1997 Texas Utilities Electric Company Rate Schedules 52.13 • NOTICE OF RATEDECREASE DEC EASE REQUEST On December 17, 1997, Texas Utilities Electric Company ("TU Electric"), together with the General Counsel of the Public Utility Commission of Texas, the Office of Public Utility Counsel, and various other parties interested in TU Electric's rates and services, filed with the Public Utility Commission of Texas ("Commission") a Stipulation and Joint Application for Approval Thereof and Request for Immediate Interim Rate Reductions ("Stipulation"), which, if granted, would: result in permanent base rate reductions beginning January 1, 1998, of 4% for Residential customers, 2% for General Service Secondary customers, and 1% for all other retail customers; result in an additional permanent base rate reduction beginning January 1, 1999, of 1.4% for Residential customers; impose a cap on TU Electric's earnings during 1998 and 1999, with any sums in excess of such cap being applied as additional depreciation of nuclear production assets; allow the recording of the depreciation applicable to transmission and distribution assets in 1998 and 1999 as additional depreciation of nuclear production assets; establish an updated cost of service study that includes interruptible customers as customer classes; result in the permanent dismissal of pending appeals of prior Commission Orders entered in Dockets Nos. 11735, 12206, 13313, 14716, and 15328, if all other parties that have filed appeals of those dockets also dismiss their appeals; result in all gains from off-system sales of electricity in excess of the amount included in base rates being flowed to customers through the fuel factor; result in a waiver on TU Electric's part of the right to seek certain injunctive relief with respect to the Commission's Project No. 16536; commit TU Electric to extend its current agreement with the Texas Department of Housing and Community Affairs concerning the Weatherization "Piggyback" Component of the e-Wise Low-Income Demand-Side Management Program; and commit TU Electric to enter into discussions with interested parties concerning issues pertaining to low-income customers. All of TU Electric's customers and classes of customers in all of the territories served by TU Electric will be affected if the Stipulation is granted. Persons who wish to intervene in or comment upon these proceedings should notify the Commission as soon as possible, as an intervention deadline will be imposed. A request to intervene or for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326. Further information may also be obtained by calling the Public Utility Commission's Office of Consumer Affairs at (512) 936-7120. Hearing- and speech- impaired individuals with text telephones (TTY) may contact the Commission at (512) 936- 7136. The deadline for intervention in the proceeding is 45 days after the date the application was filed with the Commission. • 17 -i / JAN-27-98 10 :46 FROM , TU REC SUPPORT 32 CRP 10, 214 812 3221 PACs 2,3 (11111i/ MIDLAND REPORTER-TELEGRAM.WEDNESDAY.DECEMBER 2l.Ifl7 Tu Electric OKr residential b. k rates By Mena McEwen sal Writer, Under the agreement, TU The Texas Public Utility Commission Electric will: gave TU Electric customers a belated Christmas gift Tuesday,giving interim ■ reduce its residential approval for a rollback of the utility's base rates 4 percent next rates. Under the agreement,TU Electric will year, effective with ail reduce its residential base rates 4 per. billings on or after Jan. 1, cent next year,effective with all billings 1 ; on or after Jan. i. The agreement also calls for residential rates to be lowered ■ decrease residential rates an additional 1.4 percent in 1999. an additional 1.4 percent LuAnn Morgan, TU Electric general manager in Midland,estimated that the in 1999; lower rates will save customers S75 ■ reduce rates for general annually. service secondary The PUC has.designated•Jan.14 as the deadline for parties to intervene and customers —primarily scheduled pre-hearing conference for small and [medium-sizedJan. 13. "..a.. -. • • : ••• . . . • •TU Eleerid also will lower rates for bu8itl . "2 peCaetlt', general iy'vtee secondary customers— •■and lower rites for other pzimarflysalau and meditlm-sited buss, retail customers 1 retail eustonesses— merss wperilillb reducedato otherper- percent. cent. • The rate rollback,which will cost TU Comers.'she said.'It wasn't required by Electric$263 million over two years, is the PVC. It's something we want to do the result of a joint agreement between because we've reduced operating costs • the utility the PUC staff, the Office of so much.' Public Utility Counsel,consumer groups The agreement also establishes a ca and industrial Customers. on TU Elecufc's earnings,using any rev- Ms. Morgan said that her company enues above that cap to further reduce was able to agree to the rate reduction the utility's investments in power plants. because the utility's operating costs including the Comanche Peak nuclear have been reduced through recent cost- power plant, and other facilities. The cutting measures. - utility also will use transmission and dis- •'We're able to pass those savings on tribution depreciation for 1993 and I999 So our customers and we feel this is —estimated at$335 million—to further something that will be good for our cus- reduce its investments in those facilities. ri City of Southlake,Texas - (11111." STAFF REPORT February 13, 1998 CASE NO: ZA 98-004 PROJECT: Site Plan /The Village at Timarron, Phase II STAFF CONTACT: Dennis Killough, Planner II, 481-5581, ext. 787 REQUESTED ACTION: Site Plan for The Village At Timarron, Phase II, on property legally described as a portion of Lot 2 and all of Lots 3 and 4, Block 60, Timarron Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3675,Plat Records,Tarrant County,Texas,and being approximately 4.94 acres situated in the O. W. Knight Survey, Abstract No. 899. LOCATION: Southeast corner of the intersection of East Southlake Boulevard (F.M. 1709) and Byron Nelson Parkway. OWNERS: Venus (Drews) Partners V, L.P., and Westerra Timarron, L.P. APPLICANT: Venus (Drews) Partners V, L.P. cow CURRENT ZONING: "R-PUD"Residential Planned Unit Development District with"C-2" Local Retail Commercial District uses. LAND USE CATEGORY: Retail Commercial NO. NOTICES SENT: Eight (8) RESPONSES: None P&Z ACTION: February 5, 1998; Approved (6-0-1) subject to Site Plan Review Summary No. 1, dated January 30, 1998, approving Item #6 (articulation requirements) as submitted and accepting the applicant's agreement to work with the Landscape Administrator to meet all of the landscape requirements. STAFF COMMENTS: The applicant has met all the requirements of Site Plan Review Summary No. 1, dated January 30, 1998, with the exception of those requirements in the attached Site Plan Review Summary No. 2, dated February 13 ,1998. L:\COMDE V\WP-FILES\MEMO\98CASES\98-004SP.WPD L ____-.....,- -- ___ ______ E-046=7 ,,;.__ , . ,, L , �� � ``, = cgec —_ — n P— sae` u gs ?�: arf �j ' g ,,,= �./ \ �— V ` ! I ,' .i ce / 1 AES R I i--tsr la" •i - I -tom -- 'vier �'`J i ,�__ \� I 1 .'afar /`rIS - 11 EAST -•-n. -. J Fx noo ' , \ `\ — OLG \, ! I itaiii, __., Pv`- �,'. a - — i c i P- 6 �S v ESQ Aj P aE murr asr — •_ -- _ • = dli a — — � — 1� } 1Y—_ ((_ N 1 —'y'-•J. .^'Q 'lip 5� �..^ti ,7 1 — j�lJ`',• -- •-1=�-t ce" .. SiL S — Pity T • C8111W----?Uk --..--. , j_ —� Pi TRACT MAP _ -� -� , --:--------- ----------------ssj. Q 9 II Z 0 1 1 C L., 5 H 4 a ±0 • 1 I / ' rz �: � '� 3Ez � � IA 2A (2 DIAMOND �� �� I r _f ! I LTD / �'-1 ; 1 — DIAMOND I LTD 1 FOXBOROUGH 7 " i 0-1 "C-2" OFFICE BLDG _ _ - -- i -�-1-3 -J3 —I72S — ` STATE OF TEXAS STATE OF TEXAS TR E 1 / - - - - — 2G5 C --- .- _ — — - — =SOUTHLAKE BLVD - - - - - - i ; f J.W. R ICHARDS 1 \ TR 5C C'SJ WESTERRA \ 1's -2 T 502 TIMARRON I 1.698 .AC �� 20—; "R—PUD" 23 ,\ , 2.132 AC \\ —Awe 110 _ • JOE BAKER ` I "AG" I I"iQ1 c i i \ 3 _.' TR 5023 I r 1 �� I 11 . I 2.73 0 ,'' gg2� 2A ' SF-1 A CITY OF SOUTHLAKEI 4.723 AC 32A i ! 2.555 AC 1C2 1 ie 1A 2A3 5.109 AC 5 AC STERRA TIMARRON 20 h "R—PUD" I I JAMES BAKER 1A29 1C3 � '° .70 0 I 51C � �' 133 " ROOD DR TR 501 .99 0 I 03 ® CARROLL ISD 1121 .w ?—(iiipe .,„ ADJACENT OWNERS AND ZONING ` n � T^c ,,�.1. I R 23 3� y'� -1•.97 9 I 6.967 9 CARROLL ISD ` a < !1� SVX3.L'3)IV'TH.IIIOS 3 � tmxa Hosrar Noa to a an�a 3xV IHanos�a s V N Hi!! IIIV'II'I 3SVHd z El 811 Hi!! I•(02I2h+WII IN 39b I IIA 3H L 11 I . 1 EDP).' 114 1 is i015 i hiiii. 1! 1 a cD Fi ' �aaaaaa� 5 a �a 5 1'tih I !! ea li m = 9�1 l 3 II o i f l l S Nl111 514,9 >.. IdiIiEtIIL... 5 !s ®` I h c., o CD Z Fig; 12 C..)911P5 i1� ,,`_.„1 1I'11111I111 (11111111111I11111111111I1I11I1 �►, 111 . I a+::e / f i q, i . \�101 a ;` _ R LT WI BY-0 7 / i ..) ! Ll `, i ! , j . Si ° I i \—_ l 1 i i� ►` Z dt/ � _-{ f L _�—, ► I i ' ` - - W�W 1-1 461 \\,____::: i 1 i re tkiliti iiii,1 J kl• li \,\=-- ; [ 1 V.;V 1 11. A., 1 ......., 0 q o )--- lii I I I 1! 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I h I i �1-I ligg \ 1111 z I III: IN e ,,, 4 pill a 1 � 4 diIi-1- 1 c,,tII: 1r� ti 1 , �,J (.... _ , 'iii:�� (ilad‘ ill �� 'I 'ia-I w IIIII= 1111 na_c �I■�,i■i l'�I■,IIt Ili I11111 F . ill:l ; a p 111.1 f ■1141EI \ _ I '' 10 ill , gl- III: our: /I■�I�■I iil■ IIIE ' ;irp �u ii`Io �' �" ■ v` �I 0 D I�I 11■ b 4e1E1 i z 'I 9�I�;, � II m 4I�NI- lusi, : `I \I■,II■I `, ki... i , , , ! 1 i t \ \---- ! ! 1 1 I I 1y.— --U t .a City of Southlake,Texas SITE PLAN REVIEW SUMMARY Case No.: ZA 98-004 Review No: Two Date of Review: 2/13/98 Project Name: Site Plan-The Village at Timarron Phase II. Portion of proposed Lot 3R and all of Lot 4. Block 60,Timarron Addition Phase 5 APPLICANT: ARCHITECT: Venus (Drews) Partners V. L.P. Callaway Architects 580 Commerce St.. Suite 400 17738 Preston Road. Suite 125 Southlake. TX 76092 Dallas. TX 75252 Phone : (817) 329-1684 Phone : (972)732-6085 Fax : (817)416 8418 Attn: John Drews Fax : (972)732-8058 Attn: Rodney Hitt CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 2/09/98 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 481-5581, EXT. 787. 1. The following changes are needed with regard to adjacent properties shown: a. Label the Land Use Designation for Lot 2, Block 60 Timarron Addition Ph. 5 as "Retail Commercial". b. Delete the label"City of Southlake Municipal Complex" and "Zoned CS" from Lot 1, Block 60, Timarron Addition Phase 5 (Rockenbaugh Elementary School). Zoning for this site is "RPUD". 2. The following changes are needed with regard to bufferyards: a. A 10' 'F1' bufferyard is required along the east property line. The applicant proposes a 10' Type `B' bufferyard along this line. Correct the required plantings shown for the 'F1' bufferyard to reflect 15 Canopy Trees, 30 Accent Trees and 40 Shrubs. The plantings shown for the proposed Type 'B' bufferyard are in compliance. b. Correct the required plantings shown for the 5' Type 'A' bufferyard along the west line to reflect 5 Canopy Trees, 11 Accent Trees and 42 Shrubs. The plantings shown to be provided exceed the required number of plants. c. The south bufferyard of Lot 3 adjacent to Phase III(Lot 2)was deferred until development of Phase III on the previous site plan. A 5' Type 'A' bufferyard is required along this line. The applicant has requested a variance to this requirement. d. A 5'Type 'A' bufferyard is required along the interior lot lines of Lot 4,Block 60 (Location of Building 5) adjacent to common line of Lot 3, Block 60. * Please note that the interior 5'Type 'A' Bufferyard required for Lot 3 directly adjacent to Lot 4 was waived on the previous site plan. � Q-1 City of Southlake,Texas 3. Provide the area of open space and percentage of open space for each lot in the site data summary. Open space the area unencumbered by pavements or structures. 4. Show the location of all trash dumpsters noting the type and height of screening device. Dumpsters must be screened by an 8'masonry wall similar to the primary structure. Building 5 does not appear to have a dumpster. 5. Further elaborate on requested variances listed below the"general notes" . Staff does not understand "Use of Wood Entry"or the need for a variance on interior lot line setbacks. The slope line setbacks or"Elevation Height Setbacks"were waived on the previous plan and do not affect buildings 4 and 5 proposed by this plan. 6. Provide horizontal and vertical articulation meeting the requirements of Ord. 480, Section 43.9.c.1.c. Compliance with the articulation requirements is as shown on the attached articulation evaluation chart. * The spacing and stacking depths of the driveways, as shown, conform to the previously approved Concept Plan and Site Plan. * 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. * Please be aware that any change of tenant/owners with a request for a new C.O. will require that all parking requirements of the zoning ordinance are met and all fire lanes shall be per the Fire Department's requirements. * Denotes Informational Comment att: Articulation Evaluation Chart cc: Venus (Drews) Partners V, L.P. Callaway Architects L:\COMDEV\W P-FILES\REV\98\98004SP2.WPD Co, l8—S • Articulation Evaluation No.1 Case No.ZA 98-004 Date of Evaluation: 1/30/98 s.4 and 5 Villages at Timarron,Lots 3R and 4,Block 60,Timarron Addition Ph.5 rived 1/12/98 ding No.4 Left-facing: South Wall ht.= 20 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 60 32 -47% Yes 60 32 -47% Yes Min.artic.offset t3„ , Z. ;;,-33 0 ,,No 3 3 0% Yes Min.artic.length 8 13 63% Yes 8 13 63% Yes Rear-facing West Wall ht.= 20 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 60 35 -42% Yes 60 35 -42% Yes Min.artic.offset 3 4 33% Yes 3 5 67% Yes Min.artic.length 9 25 178% Yes 9 25 178% Yes Right-facing: North Wall ht.= 20 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 60 32 -47% Yes 60 32 -47% Yes Min.artic.offset 3. 2 1�43 , `1 o,,,-',4"*" 3 N 2 33%-, No Min.artic.length 8 13 63% Yes 8 13 63% Yes Front-facing: East Wall ht.= 20 Horizontal articulation Vertical articulation cin. Required Provided Delta Okay? Required Provided Delta Okay? wall length 60 35 -42% Yes 60 35 -42% Yes artic.offset 3 _ 4 3% 3 5 67% Yes artic.length 9 25 178% Yes 9 25 178% Yes Building No.5 Left-facing: South Wall ht.= 20 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 60 23 -62% Yes 60 23 -62% Yes Min.artic.offset 3 2 ' -33% No 3 3 0% Yes Min.artic.length 6 23 283% Yes 6 23 283% Yes Rear-facing West Wall ht.= 20 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 60 37 -38% Yes 60 45 -25% Yes Min.artic.offset 3 2 -33% No 3 3 0% Yes Min.artic.length 9 36 300% Yes 11 37 236% Yes Right-facing: North Wall ht.= 20 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 60 23 -62% Yes 60 23 -62% Yes Min.artic.offset 3 2 33°/a< , o; 3 3 0% Yes Min.artic.length 6 23 283% Yes 6 23 283% Yes lit-facing: East Wall ht.= 20 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 60 37 -38% Yes 60 45 -25% Yes Min.attic.offset r 3 , 2' -33% No No' 3 3 0% Yes Min.artic.length 9 36 300% Yes 11 37 236% Yes I ! 3I '; SVR&(.a7IV'Mlllos • rAMAdNONNOAHVOA10 81HSHSVHdIIuui i :@!t! NONlIVWI.L IV 30V'I'IIA 3I.L ; d AI n 1 11 s II . <i _ P 1°3IC ni 9l Ys'ili �• QI[rum.. dlir 11 !II aj!: j II ! i _. E . ~o ;. t .s .. j ❑I • � � 3 � ixil Si 6 ulIii ' =I;Ifab .¢,4,g 2 lii 0 616.0 CO -- . r � ...rrr- a/Jo.l A-A / ;g � r� it l I I I 13'=.r:= c4 A—e } III / •t;i6$ , 44 a III / / W j III II �' ---.. .�fa0 X 1! Ili l, 1, ki d III / f h! 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E �j; t11 i a� i `I■Iril 1MR Ilp, , u ki 1 E 1 p 4 ; 5 i 3 i IG: • .4 il 0, el 0, 1 o � �� In 10 _ , ICI io' I O O (� <� (� II ,,_, 1 •4 ii■'or M I° I 4, . 1 e�li tt CI 1 . l� 4. a 5 _ • fl• i 6• 33 li , • r , 2i f /6—( I City of Southlake,Texas (home STAFF REPORT February 13, 1998 CASE NO: ZA 98-004 PROJECT: Site Plan /The Village at Timarron, Phase II STAFF CONTACT: Dennis Killough, Planner II, 481-5581, ext. 787 REQUESTED ACTION: Site Plan for The Village At Timarron, Phase II, on property legally described as a portion of Lot 2 and all of Lots 3 and 4, Block 60, Timarron Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3675,Plat Records,Tarrant County,Texas,and being approximately 4.94 acres situated in the O. W. Knight Survey, Abstract No. 899. LOCATION: Southeast corner of the intersection of East Southlake Boulevard (F.M. 1709) and Byron Nelson Parkway. OWNERS: Venus (Drews) Partners V, L.P., and Westerra Timarron, L.P. APPLICANT: Venus (Drews) Partners V, L.P. th!lime. CURRENT ZONING: "R-PUD"Residential Planned Unit Development District with"C-2" Local Retail Commercial District uses. LAND USE CATEGORY: Retail Commercial NO. NOTICES SENT: Eight (8) RESPONSES: None P&Z ACTION: February 5, 1998; Approved (6-0-1) subject to Site Plan Review Summary No. 1, dated January 30, 1998, approving Item #6 (articulation requirements) as submitted and accepting the applicant's agreement to work with the Landscape Administrator to meet all of the landscape requirements. STAFF COMMENTS: The applicant has met all the requirements of Site Plan Review Summary No. 1, dated January 30, 1998, with the exception of those requirements in the attached Site Plan Review Summary No. 2, dated February 13 ,1998. 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I■I v ■ �g I :YE I um, i (..- lin ' ILO \ tr. ,. 11111 'D t . • it 1 q'B _�^ _� City of Southiake,Texas SITE PLAN REVIEW SUMMARY Case No.: ZA 98-004 Review No: Two Date of Review: 2/13/98 Project Name: Site Plan-The Village at Timarron Phase II, Portion of proposed Lot 3R and all of Lot 4. Block 60.Timarron Addition Phase 5 APPLICANT: ARCHITECT: Venus (Drews) Partners V. L.P. Callaway Architects 580 Commerce St.. Suite 400 17738 Preston Road. Suite 125 Southiake. TX 76092 Dallas. TX 75252 Phone : (817) 329-1684 Phone : (972) 732-6085 Fax : (817)416 8418 Attn: John Drews Fax : (972) 732-8058 Attn: Rodney Hitt CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 2/09/98 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 481-5581, EXT. 787. 1. The following changes are needed with regard to adjacent properties shown: a. Label the Land Use Designation for Lot 2, Block 60 Timarron Addition Ph. 5 as "Retail Commercial". b. Delete the label"City of Southiake Municipal Complex" and"Zoned CS" from Lot 1, Block 60, Timarron Addition Phase 5 (Rockenbaugh Elementary School). Zoning for this site is "RPUD". 2. The following changes are needed with regard to bufferyards: a. A 10' `F 1' bufferyard is required along the east property line. The applicant proposes a 10' Type `B' bufferyard along this line. Correct the required plantings shown for the 'F1' bufferyard to reflect 15 Canopy Trees, 30 Accent Trees and 40 Shrubs. The plantings shown for the proposed Type `B' bufferyard are in compliance. b. Correct the required plantings shown for the 5' Type 'A' bufferyard along the west line to reflect 5 Canopy Trees, 11 Accent Trees and 42 Shrubs. The plantings shown to be provided exceed the required number of plants. c. The south bufferyard of Lot 3 adjacent to Phase III (Lot 2)was deferred until development of Phase III on the previous site plan. A 5' Type 'A' bufferyard is required along this line. The applicant has requested a variance to this requirement. d. A 5'Type 'A' bufferyard is required along the interior lot lines of Lot 4,Block 60 (Location of Building 5) adjacent to common line of Lot 3,Block 60. * Please note that the interior 5'Type 'A' Bufferyard required for Lot 3 directly adjacent to Lot 4 was waived on the previous site plan. ` City of Southlake,Texas 3. Provide the area of open space and percentage of open space for each lot in the site data summary. Open space the area unencumbered by pavements or structures. 4. Show the location of all trash dumpsters noting the type and height of screening device. Dumpsters must be screened by an 8'masonry wall similar to the primary structure. Building 5 does not appear to have a dumpster. 5. Further elaborate on requested variances listed below the"general notes" . Staff does not understand "Use of Wood Entry"or the need for a variance on interior lot line setbacks. The slope line setbacks or"Elevation Height Setbacks"were waived on the previous plan and do not affect buildings 4 and 5 proposed by this plan. 6. Provide horizontal and vertical articulation meeting the requirements of Ord. 480, Section 43.9.c.1.c. Compliance with the articulation requirements is as shown on the attached articulation evaluation chart. * The spacing and stacking depths of the driveways, as shown, conform to the previously approved Concept Plan and Site Plan. * 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. * Please be aware that any change of tenant/owners with a request for a new C.O. will require that all parking requirements of the zoning ordinance are met and all fire lanes shall be per the Fire Department's requirements. * Denotes Informational Comment att: Articulation Evaluation Chart cc: Venus (Drews) Partners V, L.P. Callaway Architects L:\COMDEV\W P-FILES\REV\98\98004SP2.WPD C 1 1 1 /8-8 Articulation Evaluation No.1 Case No.ZA 98-004 Date of Evaluation: 1/30/98 Wgs.4 and 5 Villages at Timarron,Lots 3R and 4,Block 60,Timarron Addition Ph.5 >ived 1/12/98 ding No.4 Left-facing: South Wall ht.= 20 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 60 32 -47% Yes 60 32 -47% Yes Min.artic.offset 3 2 ' 33% ._No 3 3 0% Yes Min.artic.length 8 13 63% Yes 8 13 63% Yes Rear-facing West Wall ht.= 20 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 60 35 -42% Yes 60 35 -42% Yes Min.attic.offset 3 4 33% Yes 3 5 67% Yes Min.attic.length 9 25 178% Yes 9 25 178% Yes Right-facing: North Wall ht.= 20 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 60 32 -47% Yes 60 32 -47% Yes Min.artic.offset 3 s 2 3 .:- No 3`, 2 -33% ; ., No Min.attic.length 8 13 63% Yes 8 13 63% Yes Front-facing: East Wall ht.= 20 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? wall length 60 35 -42% Yes 60 35 -42% Yes attic.offset cin. 3" � No 3 5 67% Yes attic.length 9 25 178% Yes 9 25 178% Yes Building No.5 Left-facing: South Wall ht.= 20 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 60 23 -62% Yes 60 23 -62% Yes Min.attic.offset 3 2 -33% No 3 3 0% Yes Min.artic.length 6 23 283% Yes 6 23 283% Yes Rear-facing West Wall ht.= 20 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 60 37 -38% Yes 60 45 -25% Yes Min.attic.offset 3 2 ' -33% No 3 3 0% Yes Min.attic.length 9 36 300% Yes 11 37 236% Yes Right-facing: North Wall ht.= 20 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 60 23 -62% Yes 60 23 -62% Yes Min.attic.offset 3 2 _ -33%; No. 3 3 0% Yes Min.attic.length 6 23 283% Yes 6 23 283% Yes ¶nt-facing: East Wall ht.= 20 Horizontal articulation Vertical articulation Required Provided Delta Okay? Required Provided Delta Okay? Max.wall length 60 37 -38% Yes 60 45 -25% Yes Min.attic.offset 3 2-' '33% 'No 3 3 0% Yes Min.attic.length 9 36 300% Yes 11 37 236% Yes t .. w�aaa�•.aa��^ I i 3 ij � Svx3.c axr3un0S ! tMxaFwslaNrtoaaeaan1eas R 13 R . v3 i IPA NO[2idNI 11 30JV'alsIA 31-I.L �I 4 n• c1] I r s r r� s 8! r/fle) a� g a r r m' ;� g 3 q w.Z "* •3 • 3 -�y A a 4i 05 yt LI1 w t y q ;� =i =.gyp. .. y3_ i Dill!! it: a't 1I iii rl. e1 lt�_.. 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Le, ee III ' g O O O e e is :t IIC. h ' pI i I "'�'" 5 ill it I ii s a #;$ 1 Ba R lik$ II ddd dd'a . . 115'( 1 City of Southiake,Texas STAFF REPORT February 13, 1998 CASE NO: ZA 98-005 PROJECT: Plat Revision-Lots 2R and 3R,Block 60, Timarron Addition,Phase V STAFF CONTACT: Dennis Killough, Planner II,481-5581, ext. 787 REQUESTED ACTION: Plat Revision for the proposed Lots 2R and 3R,Block 60, Timarron Addition, Phase V, being a revision of Lots 2 and 3, Block 60, Timarron Addition, Phase V, an addition to the City of Southlake, Tarrant County,Texas, according to the plat recorded in Cabinet A, Slide 3675, P.R.T.C.T. LOCATION: Southeast corner of the intersection of East Southlake Boulevard (F.M. 1709)and Byron Nelson Parkway. OWNERS: Venus (Drews)Partners V, L.P., and Westerra Timarron, L.P. APPLICANT: Venus (Drews) Partners V, L.P. CURRENT ZONING: "R-PUD" Residential Planned Unit Development District with"C-2" Local Retail Commercial District uses. LAND USE CATEGORY: Retail Commercial NO. NOTICES SENT: Three (3) RESPONSES: None P&Z ACTION: February 5, 1998;Approved(6-0-1)subject to Plat Review Summary No. 1, dated January 30, 1998. STAFF COMMENTS: The applicant has met all the requirements of Plat Review Summary No. 1, dated January 30, 1998, with the exception of those requirements in the attached Plat Review Summary No. 2, dated February 13 , 1998. L:\COMDEV\WP-FILES\MEMO\98CASES\98-005PR.WPD I I. J © 9 i Z O Z a H 5 a a ,0 I 3 I � � � 3Ez :A 2A 2 DIAMOND I. T" LTD f C-1 `�r _ .. 1 L! (DIAMONDILTD( - - _ _ - I - . �--- 12� . FOXBOROUGH <. _ y 1I 2, 3� OFFICE BLDG - - =t .J I -t • STATE OF TEXAS STATE OF TEXAS.),,s 3 _ - _ _ _ _ - _ - __._ _ _ _ - _ —=SOUTHL(E BLV'D \ _ 11 f I ii �A% . J.W. RICHARDS i \ IR 5C 15� , 1 $ I \ WESTERRA ;_c_2 I I I TR 502 . TIMARRON t 1 I :1 1.593 AC I R ' —— - i ry ! 1 .56 A , , I I R—PU D i ,• 2.132 \ , . 3. jj Dji)t JOE BAKER I. , j I "AG' 1 1 1 1 .31 c 1 , , l I i I i I " I.R. 5 V_.. I I 2.78 0 - j . 2y SF-1 A11 11 CITY OF 1 ' SOUTHLAKE 4.723 AC 001 - 1 2 i• II s.l 11 E M Ns> 20 ( i �-1 r. a n• 1 ` I ------ "R-P. , " I JAMES BAKER 1A2B 1C3 I i I .70 0 I 1.71 © I OOD DR �/ 153 TR501 0 I I ' 1 14 03 ® CARROLL ISD 1 I I 1 i vs .o, ,e ADJACENT OWNERS AND ZONING • 'a' , d Tk TR `_ 4• 4.97 © 8A-3 I, 5.957 0 I `• /sl =n CARROLL ISD \ ...---- v S 3SVHd NOI110GV NO88V)111 ' 09 >10018 tP V `£ `Z S101 .' mf oat "' ra•n n11M1+P1r, yiE3 , YC 3 8 I.:1 is , ....._ 0- r, 49,13 - ii - : *Noe—' - RtR j ! ag xi e e 3 "11 p a l i rj t r.IE! tlt a E,} 4 fspad 3%`r 5 s - - / il! ; 1 it ; • rt¢ f 3 J `k ! Ill r� • 1s 11� r x r�dtr j iiiJj t I j ' - .. t if1� i ^ !tl is 1 ti t 4 • t - I !!(f �t j III 1 ii !Ill 1 d ' 6 II 11 '1I V. II F114141 21111fi. F ' F�i' �i ! 1 .. 11r`t; i 1lir I 1111 t�feil0 Ii ! p �iif h i IA 1 i! 11 t h ;,i ! - I r1, i irs n'�l t�l i�•�F� � F FIl���i e�8 �f ,,+� f f)I I I �' �1 71 111 . , 1041' 1 ` , ii° t 9�1 ▪ . ° 1ih k f:;t 6 X... 1 ;i •,'1}1" '} I :.i jI ,, i :; 1 l s; it _,s5 111 i1 1. .,1�ii 1 ii 'ii+ a, i1' 1 ti 1v-;ii•It t "; s . .lii" I i .Ii 7t t.t .,•: i 1` it i1R 1 0� �� } 9i. i1 S , !� t• 6, ri } 1` !r i 1i:1 1t; it 1:i 1I i1 0113 ti t I. 1 1, i.1 i•°•1 �. h , Bi.1�1 it titl..t aat! t :!! E�7 �,1i` }tip!}i! 11 iitlt}t: 1 ii 1 i. is i4I,1 ,i , " (S 1lii. i ,� n v ~ Il Vrce "r • rt (WV' ...? 1 ' i '▪ In •- f - + t •ttp 'ii o ,II �a s 3 ii ie !I, J •1 t 0. . -, 7 f r ii, t y i ~ go: i1, i �^ d Imo' '? '� `_ • t• :. ii J., • d I .a' 1 : . Ir.A .f -I t .f e, A/ rtz 1;, 5 r ...- ..: 14- ........ ,_��. t sue^ r s+§ ir4f rt• I ,f ... I -I e 1 x -ia• • : '-- rr 17, - .. _y .xi .1.- .R IC stp .�1 ill 1$a I. I I 9 s+ : . • Iv •Ii 1 /. I �. yy�� � ' �� s ' :lraf i, .. 1 )I1, I eip %"6Vj.. I I . . 1 iq is Y' ' I I j— -- -- —".n— :`1 — —' — __. (.n•.n•1 i IIV 1I l nn.l.n y m.o.•a • 1L Mos^:. I'/ a I : 9 C r ry' 1. I ,t,'•7C • r 7 ' u od10,F, !'o L I i( T;It ?'s'.f a ii • • .$i _0 e • r . , (1110,. 15Ii (l_ .t //` l • '` � 1i i;/-r HIM) 'ii / ! I i .haait:" GA-y 7 City of Southiake,Texas PLAT REVIEW SUMMARY 11116 Case No: ZA 98-005 Review No: Two Date of Review:02/13/98 Project Name:Plat Revision, Lot 2R&3R Block 60,Timarron Addition. Phase V.being a revision of Lots 2 and 3.Block 60.Timarron Addition.Ph.5.being 6.611 acres out of the O.W.Knight Survey.Abst.No. 899 APPLICANT: SURVEYOR: Venus (Drews)Partners V.L.P. Wier&Associates 2626 Haverford Road 4300 Beltway Place, Suite 130 Columbus. OH 43220 Arlington.TX 76018 Phone: ($17)251-2258 Phone: (817)355-9439 Fax: (817)416-$418 Attn:John Drews Fax: (817)540-2209 Attn: John Henderson CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 02/09/98 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT EDWARD MCROY AT(817)481-5581,EXT.880. 1. In the metes and bounds description,Call number 4,Line 3 (east line Byron Nelson Parkway),replace "1 5/8-inch"with"5/8-inch". Also identify the "414.91" dimension as the chord distance or remove it. 2. A"Certificate of Taxes Paid"from each taxing authority must be provided to the City prior to filing this plat in the County records. * If desired the applicant may submit a revised blueline "check print" prior to submitting blackline mylars with original signatures. * Original signatures and seals will be required three blackline mylars prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x 11" or 14" paper) with original signatures and seals on each. Mylars will not be accepted if any erasures or original ink, other than signatures or seals,appear on the plat. * Denotes Informational Comment cc: Venus(Drews)Partners V,L.P. Wier&Associates Westerra Timarron,L.P. -do Steve Yetts FAX(972)329-5540 300 E Carpenter Frwy, STE 1425 Irving TX 75062 • 1.:\comprAwr-misvurA9e‘9e0051i2.MPD Q j Page 1 tJIC C t ' 8list' .i G5 o0 11.1,;• i I -. $ rd i- i :i iti 6.4 1.,1 CM I 'i 15 sir k1a .o 444 arl !' t , ii! .„ 1E1s! i E 1 • �z._ ._1 is , g . .,. ara 8- „, . aLL, , ik ; I I . ii(t i�l,.. I4I' ,ill 0 • talIII! @ g d0 E s t E t. iia § 4 tdt El - 31 l , ! 1A3 s lip. , ` i3 '1, a 111111126.1 � '* ' II ;rie r i 41 _� j !�! 1 !t !ta !!i a. i !!= .. I 1 1 ent: ) • ' Al g it l ..i-. ••• •. , .2 X� !i!t. 1 t.t.! !c• ��,,, i la a. 0 x t 1 tag— III fill!"s J ti ti 11' !!, !a 1 f.[I° S 1 1 is-% i ,4,.... i .v' ., .; ,! lz,i; p i 0,41 i p'•i :.I eie1 I f e I _ • K i !•P: •" 14 `�•i� alit.i' i i.=R?j I. 1 1 I I,f's! 011 t 1 it. �s i< . n 1 -- .� ' > eLiit.11�Il� f11 !i; ! '_ ! t _I ! s !wie 'i$ i t. i Y a,t a !. , 117/11 5 � '�, 0' j :; 41 i; 2,'•h- : i i it 1415 It. . ik 1It-s. a ' *4 N IA.F ,, 't.t ny� ! '_! is 0-3 U i 0�e&l z t I i ' :ii/Iik.l�I.Ngi» 1i .,11.: 1.li .Oen G. 14iilt ' a :it.' 1- :..,,, i-rh 1:' Y1 1 ti E i1 t..E :1 ia7 a it i I it lig II rl 1 1a ? 11-%ii t.11� 1 H!. Ili ail;l i 01 114 it'i$ p�, 1I11�11ig Il 11,E klelt °'I) ,i' a !i _$1 !�i`s5 1 at. 11 cm = ! I ! -ate- - % , r . •a •� Msr�"-t�.r..- - --1 - tc: IN I Ili ri- A .1- , v 1: i 1 i [ c‘l I �; :1 _ - it. _ii iy��� 2 §§i§LJ 1 ia; g jj 1 * •II '� i141 11 �.1 1* e I t I - __ w 1 I -. '`_ , i /, i"f:ef.7 I h h nw y� • �IIf 1! i t : f i. II $': .i:: gliW r, Lir 3f� / I r fVA Li ,/// I ssis '1f'1'Y.M : IAtlI-io-Lllil.Otl -.M'M ' '+, +7a �\ j /,I 1°. fi 7gItai os 'g I __ A Y AI Jf U Y d '► _ t ,,, i �`-0--- // } 1s ! axo�Ima � NOS73N NOWA U — '-- � •-• -*--J // �� �' I t.. I r ____--fn------- ... rt 1 I •11swneew. s.rwm ISM `�� \ `J \ -----t..„.. �� 1 �' ,� N. I ` , I I- I i i I 14. 1, ! 1$ • . >ISI I l )glil lit11 I i it i 9t(„,,) 1 lip 1 - I , ► i ,• /// �o�I I ,I ht1I I npia, I City of Southlake, Texas 4,11°' STAFF REPORT February 13, 1998 CASE NO: ZA 98-002 PROJECT: Plat Showing / Lots 8 - 10, T. NI. Hood No. 706 Addition STAFF CONTACT: Dennis Killough, Planner II, 481-5581, ext. 787 REQUESTED ACTION: Plat Showing of Lots 8 - 10, T. M. Hood No. 706 Addition, being approximately 6.313 acres situated in the T. M. Hood Survey, Abstract No.706, and being Tract 8D. LOCATION: North side of West Highland Street, approximately 800' west of the intersection of West Highland Street and North White Chapel Boulevard. OWNER: Terry R. Seaborn APPLICANT: Julian Head (iitio, CURRENT ZONING: "SF-1B" Single Family Residential District LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Twelve (12) RESPONSES: Two (2) responses were received within the 200' notification area: • E.S. Wilson, 280 West Highland Street, Southlake, Texas, opposed. "The `nature' of this neighborhood/subdivision is largely rural and the proposal to allow 3 houses on small lots is incongruous with the neighborhood - a single residence would be appropriate." (Received 2/2/98) • Terry R. Seaborn, 108 Oram Street, Arlington, Texas, in favor of. "These lots are much larger than the required minimum; while allowing housing of 1500 sq. ft. min. for retired couples." (Received 2/5/98) P&Z ACTION: February 5, 1998; Approved (7-0) subject to Plat Review Summary No. 1, dated January 30, 1998. City of Southlake,Texas ("imp, STAFF COMMENTS: The applicant has met all the requirements of Plat Review Summary No. 1, dated January 30, 1998, with the exception of those requirements in the attached Plat Review Summary No. 2, dated February 13, 1998. L:\COMDEV\WP-FILES\MEMO\98CASES\98-002PS.WPD . I 1 ICI A c)E sr EST cy, WNIA 1 &EMENTARY SCHOa- CP Nit i tl, ----------- TRACT MAP • i �:t.,sr ILA V 10 Le• 3 NA R- VEr / 2.30 0 e, 3 B 3641 1 2R2 / ` .r 8.656 Arl 2R 1 (.1, A S. RICHARDSON q 3.970 0 • I EDWIN L. COLE MINISTRIES I "SF-1 A" "SP-2" • - "S P-1 „ 2 x 3.: -4 g t J. KUELBS (.�• a, I is 134 TR Sc 3.5 AC ...._ TR8F1 1 2.0 0 TR 8G 1.5 AC „ me — TR SF TR 803 "AG"— M. WOOLLEY 1.95 A ` 6.25 AC 2.0 AC �[ 9 • 07 -00;7 + WI TR C) TR00 W m �� „— mCi`j 802 801 D m Z A >: :m £ X TR 3C 2 TR 8E CO i I C 0 1.0 AC 1.0 AC r C) I I TR 8G1 .82 m .92 7C 1 (=.5 AC 2 AC AC O 0 �� 0 tt.1 Y t27 t72 " MO 134 su W HIGHLAND ST 1M L 1T A 77 x 1% R ♦10 c 0 TR TR 8A5 K 8A5A TR I= 1.47 12 .69 ® 6 AC a "SF-1 A" TR 382 1 i B. YETMAN co m ^A. I r 13 1 .48 ` TR TR 8A8A 1; AC 1.0 s I . TR 8A11 _ "SF-1 A" 8.708 0 .76 n' ^ 2.33AC "AG" " TR88 J. MYERS TR _ 1.21 AC 88 2AL . TR ,� 4.9 ADJACENT OWNERS ADD a TR 881 1.25 AC 196 50 / AND ZONING . F5 � U q TR 881 i 1 g 1.81 A L 1 TR 8A15 ; I f1 City of Southlake,Texas PLAT REVIEW SUMMARY Case No: ZA 98-002 Review No:Two Date of Review: 02/13/98 Project Name: Plat Showing. Lots 8.9.&10 T.M.Hood No. 706 Addition being 6.313 acres out of the T.M. Hood Survey. Abstract No. 706 APPLICANT: SURVEYOR: Julian Head Thomas L. Thompson Surveying 205 E. Collage 1400 W. Euless Blvd. Suite 102 Grapevine. TX 76051 Euless. TX 76040 Phone: (817)251-9201 "Phone: (817) 269-9269 Fax: Fax: (817)571-7959 Attn:Thomas Thompson CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 02/11/98 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,PLEASE CONTACT DENNIS KILLOUGH AT(817)481-5581,EXT.787. 1. Include lienholder company name in the ratification statement, and place the printed name,title and company of the authorized agent below the signature line. This can be hand written by the lienholder on the fmal mylars. ,. A"Certificate of Taxes Paid"from each taxing authority must be provided to the City prior to filing this plat in the County records. * Original signatures and seals will be required three blackline mylars prior to filing the plat. Also required are two sets of owner's dedications and notaries (8.5" x 11" or 14" paper) with original signatures and seals on each. Mylars will not be accepted if any erasures or original ink, other than signatures or seals,appear on the plat. * Denotes Informational Comment cc: Thomas L. Thompson Surveying L:\COMDEV\WP-PILES\REV\98\98002PS2.WPD 88 -5 Page 1 % Lei ! lit I?III II! CO 01 —1 y.. o ! ' i F� y1 oo n :b ` j sit 1 s j I rj it1j - o qg F ' tiDirill .' si s'' ! j • 11.111 IP 11 f` VP: �� Llo ' Mae 1/t� �i��l . eig ii9.#tll t V ii oilihiii 011. 11 !bill* 'sip' iiildiu . hFs t. ,-�. .; sl 1414 ,,,,, ,p , ,„,,, ,..„ .,,. ...,,,., ,..0.,..„,,,i ,., , , It i r-A -.1gri !it I-a I • 1 i 1 s\\• ji : ��; R FY O 1t s Li " IA if-- tt rF, @ li ii i Ph i 1 1 INIMMIK 1- 1 g if 1- 1 MiiItJf .. I ; i ii.ii ; I. i ; t 41 I i ) 5 ! i I li li ell Tit' 1 i i i i ci, 8B-4 Y —+r► City of Southlake, Texas (ire MEMORANDUM February 13, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Ordinance No. 693, 1' reading, adopting the Uniform Building Code, 1997 Edition with local amendments BACKGROUND The Building Board of Appeals has recommended Council adopt the Uniform Building Code, 1997 Edition with local amendments. Portions dealing with fire sprinkler systems have been removed at the request of the Fire Services Division due to the current research regarding questions surrounding the requirement of residential sprinkler systems. Once these issues are resolved, the code can be amended and the issue can be dealt with in both the Fire Code and the Uniform Building Code, 1997 (011.' Edition. The administrative provisions in the 1997 Uniform Building Code have been removed in favor of the Uniform Administrative Code previously adopted. The ordinance also removes section 2 of Ordinance No. 574, adopting the 1991 Uniform Swimming Pool, Spa, and Hot Tub Code, which provides fencing requirements around swimming pools. The property owner will be required to have a closer or alarm on any rear door entering the pool area. This is for the protection of small children who make up the majority of swimming fatalities. RECOMMENDATION Staff recommends Council approve Ordinance No. 693, 1st reading, adopting the Uniform Building Code, 1997 Edition with local amendments. Please place this item on the February 17, Regular City Council Agenda for City Council review and consideration. CRE Attachments: Memo from Paul Ward, Building Official NCTCOG Resolution Proposed Ordinance No. 693 sC-1 4 City of Southlake, Texas L. MEMORANDUM i February 11, 1998 TO: Bob Whitehead, Director Public Works FROM: Paul Ward, Building Official SUBJECT: ORDINANCE NO. 693, FIRST READING ADOPTING THE UNIFORM BUILDING CODE, 1997 EDITION WITH LOCAL AMENDMENTS The Building Board of Appeals has met to consider the 1997 Uniform Building Code. We presented the new code along with the North Texas Council of Governments Recommended Regional Amendments and six local amendments. At their meeting on January 12, 1998 the Board reviewed these codes and agreed to recommend approval of all except for the fire sprinklers in private residences (item#2 below). I , The residential sprinkler issue is a significant item and our Fire Services Division has requested we (re proceed with the code without the residential sprinklers at this time. After they have thoroughly researched the questions that have been raised the sprinklers will be brought back as an amendment to the code. The ordinance we have prepared adopts the 1997 Uniform Building Code and the C. O. G. Recommended Amendments plus the following six items: 1. Delete the administrative provisions of the Uniform Building Code in favor of the Uniform Administrative Code as presently adopted. Reason: The present Administrative Code is satisfactory and no changes are needed. The C. O. G. Recommendations do not include the administrative portions of the codes but leave that up to the jurisdiction. Maintaining the existing Administrative Code will keep our current permit fee schedules in place. 2. Keep the existing provision requiring sprinkling of buildings over 6,000 sf other than single family residences. Reason: The City Council in adopting the latest Ordinance 619 -A has endorsed the fire prevention philosophy of building in protection for buildings larger than 6,000 sf. 3. Keep the provision that area separation wall shall not be considered for the purpose of not installing sprinklers. Reason: The separation wall issue was addressed by the Council as part of the sprinkler issue. See again Ordinance 619-A. I 8C-2 M Bob Whitehead 1997 Uniform Building Code, Prosed Ordinance February 4, 1998 Page 2 4. Delete the 3 story height limit in the present ordinance in favor of the C. O. G. Recommendation of 35 ft height limit to require sprinklers. Reason: This is an additional area where we can be consistent with the C. O. G. Recommendations without departing significantly from our present requirement. C. O. G. Has chosen to go with a height limit in feet rather than stories to be consistent with I. C. B. O. 5. Keep the existing requirement to sprinkle all R-1 occupancies. Reason: This code item has been in effect since prior to the 1994 Uniform Building Code. Due to the transient nature of R-1 occupancies one tenant has no control over the neighbor's lifestyle and additional protection can be justified. R-1 occupancies include multifamily occupancies and hotel/motel type occupancies. 6. Keep the Excavation and Grading chapter as presently amended. Reason: This was adopted in response to specific problems in Southlake. L PW/dc 1:\chuck\97b1dbw.wp 8C-3 • RESOLUTION IN SUPPORT OF BUILDING CODE UNIFORMITY AND ENDORSEMENT OF THE UNIFORM BUILDING CODE - 1997 EDITION WHEREAS, the North Central Texas Council of Governments is established to assist local governments in planning for common needs, cooperating for mutual benefit, and coordinating for sound regional development; and WHEREAS, the North Central Texas Council of Governments has been active for the last thirty years in promoting construction code uniformity in the region; and WHEREAS, code uniformity has been documented to lead to a decrease in confusion and delays to builders, developers and architects; a decrease in costs to municipalities in the development of codes; and, ultimately, a decrease in construction costs to consumers; and WHEREAS, the Uniform Building Code is published every three years with the 1994 Edition having been previously endorsed by the Executive Board; and WHEREAS, the Regional Codes Coordinating Committee has reviewed the Uniform Building Code - 1997 Edition and recommends its endorsement with regional amendments. NOW, THEREFORE, BE IT HEREBY RESOLVED: SECTION 1 That the Executive Board firmly supports the current activities in promoting building code uniformity in the North Central Texas region. (rir SECTION 2 That the Executive Board endorses the Uniform Building Code - 1997 Edition published by the International Conference of Building Officials and recommends its adoption by all cities in the North Central Texas region. SECTION 3 That the Executive Board endorses the attached regional amendments to the Uniform Building Code — 1997 Edition and recommends their adoption by all cities in the North Central Texas region. SECTION 4 That the Executive Board encourages all cities to adopt the Uniform Building Code — 1997 Edition and regional amendments with an effective date of March 1, 1998. SECTION 5 That this motion shall be in effect immediately upon its adoption. Ron Harm n, is - • lit North Central Texas Council of Governments Commissioner, Johnson County I hereby certify that this resolution was adopted by the Executive Board of the North Central Texas Council of Governments on November 20, 1997. /7; Ron Harris, Secretary-Treasurer North Central Texas Council of Governments County Judge, Collin County sc-4 f_ 2 L- UNIFORM BUILDING CODE, Cl/ VOLUMES 1,2 AND 3 ORDINANCE NO. 693 AN ORDINANCE ADOPTING THE 1997 EDITION OF THE UNIFORM BUILDING CODE, VOLUMES 1, 2 , AND 3, REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF ALL BUILDINGS OR STRUCTURES IN THE CITY OF SOUTHLAKE; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake is a home rule city acting (IF 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 deems it necessary to adopt this ordinance providing minimum standards to safeguard the health, property, and welfare of the citizens of Southlake by regulating and controlling the use, occupancy, maintenance, repair, design, construction and quality of materials for buildings and structures within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: C 8C-5 i a This ordinance shall be cumulative of all provisions of (weordinances 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. This ordinance is intended to replace the following: 1 . Ordinance 619, as amended, the 1994 Uniform Building Code . 2 . Section 2 of Ordinance 574 , the 1991 uniform Swimming Pool, Spa, and Hot Tub Code. This ordinance is not intended to amend or replace the following: 1 . Ordinance 480, the Zoning Ordinance. 2 . Ordinance 483, the Subdivision Ordinance. 3 . Ordinance 557, Exterior Masonry Construction Requirements 4 . Ordinance 568, Contractor' s Licensing Ordinance 5 . Ordinance 621, the 1994 Uniform Administrative Code . 6 . Ordinance 506-A, as amended, the Sign Ordinance In the event the validity of any other ordinance is questioned under this section the City council shall by resolution state their intent . SECTION 5 (we 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 6 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 3 sc-7 • offense. Each day that a violation is permitted to exist shall (we constitute a separate offense . SECTION 7 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any ordinances affecting the regulation and control of the use, occupancy, maintenance, repair, design, construction and quality of materials for buildings and structures within the City 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 8 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. (re 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 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 effec71 from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING THIS DAY OF (re • sc-s • , 1998 . MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING THIS DAY OF , 1998 . MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: EXHIBIT "B" LOCAL AMENDMENTS TO THE 1997 UNIFORM BUILDING CODE The following sections, paragraphs, and sentences of the Uniform Building Code, 1997 Edition, are hereby amended as follows : **Chapter 1; add an introductory note to read as follows: 5 8c-9 The Administrative Code as adopted by this jurisdiction shall take precedence over the administrative ci provisions of this chapter. **Section 209; add a new definition to read as follows: HIGH-RISE BUILDING is a building having floors used for human occupancy located more than 55 feet(16 764 mm)above the lowest level of fire department vehicle access. **Section 214;change definition of "Mechanical Code"to read as follows: MECHANICAL CODE is the Un fcrm International Mechanical CodeTM International Co f on of R iIdiag Official , as adopted by this jurisdiction. **Section 217; change definition of "Plumbing Code"to read as follows: PLUMBING CODE is the International Plumbing Coder J as adopted by this jurisdiction. **Section 220;add a new definition for "Self-Service Storage Facility". SELF-SERVICE STORAGE FACILITY is real property designed and used for the purpose of renting or leasing individual storage and removing personal property on a self-service basis. **Section 302.4,Exception #3;changed to read as follows: 3. In the one-hour occupancy separation between Group R, Division 3 and Group U Occupancies,the separation may be limited to the installation of not less than one-half inch gypsum board, or materials approved for one-hour fire-resistive construction on the garage side; and a self-cleg,tight fitting-selid-weed weather stripped door 1 3/8 inches(35 mm) in thickness, or a selfA.�.ct4siag..tight fitting door having a fire-protection rating of not less than 20 minutes when tested in accordance with Part II of UBC Standard 7-2, which is a part of this code, is permitted in lieu ...(remainder to read the same). **Section 305.9; change to read as follows: 305.9 Fire Alarm Systems. An approved fire alarm system shall be provided for Group E Occupancies In Division 3 Occupancies, system smoke detectors shall be installed in all rooms used by children. In Group E Occupancies provided with an... (remainder of section unchanged) ... **Section 310.9.1.3; add an Exception to read as follows: Exception: Whenever rewiring or new wiring occurs during the alteration, repair or addition process that, in the opinion of the Building Official, makes it possible to hardwire the smoke detectors, then those that can be hardwired shall be installed as required for new construction. **Section 310.9.1.4; add a sentence at the end to read as follows: thre 6 ac-/o• If, in the opinion of the Building Official,the sounding of one alarm is not loud enough to be heard in all (Ne, sleeping areas, one or more detectors may be required to be interconnected. **Section 311.2.3.5; changed to read as follows: 311.2.3.5 Vehicle barriers. In parking garages where any parking area is located more than 5 feet(1524 mm) above the adjacent grade, deck, floor or ramp, vehicle barriers shall be provided. (remainder of section unchanged) **Section 403.1; changed to read as follows: SECTION 403-- SPECIAL PROVISIONS FOR GROUP B OFFICE BUIT DINGS 13 CROUP 1 DIVISION 1 HIGH RISE OCCUPANCIES 403.1 Scope. This section applies to all Occupancies, each having floors used for human occupancy located more than. 5 55 feet(2.2440 16 764 mm)above the ... {remainder of paragraph unchanged) ... with Section 403.2. Exception: Open parking garages in compliance with Section 311.9. **Section 403.2.2, item#2; changed to read as follows: 2. Except for corridors soup B offices and Group R, Division 1 Occupancies. and partitions separating dwelling units or guest rooms, all interior-nonbearing partitions required to be one-hour fire- resistive construction by Table 6-A may be of non-combustible construction without a fire-resistive time period. For allowable reduction of corridor construction, see Section 1004.3.4.3. **Section 403.2.2, item#3; delete. resistance of the assembly. **Section 403.5.2; add a third paragraph to read as follows: Actuation of any automatic or manual device shall initiate an alarm signal on the alarming floor. the floor above, and the floor below and identify on an annunciator the zone or address from which the alarm signal originated. **Section 403.5.3; change to read as follows: 403.5.3 Fire department communication system. A two-way, approved fire department communication system shall be provided for fire department use. It shall operate between the central control station and elevators, elevator lobbies, emergency and standby power rooms, fire pump room and at entries into enclosed inside stairways at each floor level **Section 403.7, item#1; add an Exception #4 to read as follows: 4. When corridors are not required to be of fire-resistive construction under Section 1004.3.4.3, the elevator lobby is not required. **Section 503.4.8; add a third paragraph to read as follows: C, 7 8C-11 , For one- and two-family dwellings and apartment buildings, open metal carport structures may be constructed within zero (0) feet of the property line without fire-resistive or opening protection when the location of such is approved as required by other City ordinances. **Section 504.3; change the exceptions to read as follows: Exceptions: 1. The major occupancy classification of a building may be used to determine the allowable area of such building when the major use occupies not less than 90 percent of the area of any floor of tqe a non-sprinklered building,or not less than 80 percent of the area of any floor of a building provided with an automatic sprinkler system throughout; and provided that other minor accessory uses shall not exceed the basic area permitted by Table 5-B for such minor uses-and that various uses are separated as specified in Section 302.4. 2. Groups, B, F, M and S and Group H, Division 5 Occupancies complying with the provisions of Section 505.2 may contain other occupancies provided that such occupancies do not occupy more than 10 percent of the area of any floor of a non- sprinklered building, or not more than 20 percent of the area of any floor of a building provided with an automatic sprinkler system throughout; nor more than the basic area permitted in the occupancy by Table 5-B for such occupancy, and further provided that such occupancies are separated as specified in Section 302.4. **Section 505.2; add a third paragraph to read as follows: In other than Group H, Divisions 1, 2 or 3 Occupancies,the area of the following buildings shall not be Ce limited if the building is provided with an approved automatic sprinkler system throughout as specified in Chapter 9, and entirely surrounded and adjoined by public ways or yards not less than 60 feet(18 288 mm) in width. The unlimited area provisions of this paragraph cannot be used in conjunction with the fire-resistive substitution provisions of Section 508. 1. Type II-FR buildings. 2. Type II-lhr buildings with five or less stories. 3. Type II-N buildings with three or less stories. **Section 505.3; items#1 through #4 are changed to read as follows: 1. (delete) 2. Section 904.2.6 for Group H, Division 1 and 2 Occupancies. 3. • . (delete) 4. Section 102, Atria, Section 505.2 for unlimited area. **Section 506; items#1 through #5 of the second paragraph are changed to read as follows: 1. Section 904.2.6 for Group H, Division 1, 2, 3, 6 and 7 Occupancies. 2. (delete) 3. . (delete) 4. Section 102, Atria, Section 505.2 for unlimited area. 5. Section 904.2.7 for Group I, Divisions 1.1 and 1.2 Occupancies used as hospitals, nursing homes or health-care centers in Type II One-hour, Type III One-hour, Type IV or Type V One-hour construction. ce8 8C-12 **Section 508 unchanged except item#6 is changed to read as follows: 6. Corridors, except as specifically exempted in Sections 1004.3.4.3 (Sections 1004.3.4.3.1 and 1004.3.4.3.2). **Table 5-A; insert a footnote#8 to the heading"EXTERIOR WALLS r and add the footnote to read as follows: 8 When the exterior wall of a non-high-rise building is more than 20 feet from the property line,the fire-resistive requirements for exterior bearing and exterior nonbearing walls may be reduced by one- hour when the building is provided with an approved automatic sprinkler system throughout as specified in Chapter 9. However, a wall that is required to be one-hour may not be reduced except as allowed under Section 508. **Table 6-A; insert a footnote #4 in building element#8,"8. Roofs and roof-ceilings 4 " and add a footnote#4 to read as follows: 4The fire-resistive requirements for roofs of non-high-rise buildings may be reduced by one-hour when the building is provided with an approved automatic sprinkler system throughout as specified in Chapter 9. **Section 708.2.1; add a new sentence to item#4 to read as follows: For combustion air ducts within dwelling units, see also Section 709.1, Exception to item #1 of the Mechanical Code. **Section 708.3.1.2.1; change exception #2 to read as follows: 2. Where approved sprinklers are installed within the attic space, draftstopping may he as specified in the exception to Section 70R 3 1 7 7 **Section 708.3.1.2.2; change the exception to read as follows: Exception: Where approved automatic sprinklers are installed within the attic space, the area between draft stops may be 9,000 square feet (836 m2) and the greatest horizontal dimension may be 100 feet(30 480 mm). **Section 709.6.1; changed to read as follows: 709.6.1 General.When protection of openings is required, through penetrations of the fire-resistive walls shall comply... [remainder of section unchanged; . **Section 709.7; changed to read as follows: 709.7 Membrane Penetrations. When protection of openings is required, Membr4;4e membrane penetrations of the fire-resistive... {remainder of section unchanged) . (se **Section 713.10; item#5 is changed to read as follows: 5. Penetrations of elevator lobbies required by Sections-3442 403.7 and 1004.3.4.5. 9 8C-13 (be **Section 713.10; add a fourth paragraph to read as follows: For dampers in combustion air openings,see also Section 710.2 of the Mechanical Code. For dampers in use with direct-fired air-heating equipment, see also Section 915.7 of the Mechanical Code. **Section 713.11; add a fourth paragraph to read as follows: For penetrations of ducts conveying hazardous exhausts, see also Section 510.6.4 of the Mechanical Code. For dampers in combustion air openings, see also Section 710.2 of the Mechanical Code. For dampers in use with direct-tired air-heating equipment,see also Section 915.7 of the Mechanical Code. For penetrations of ducts in H-6 Occupancies, see also Section 1202.2.5 of this code. **Section 902;subitems 1.3, 1.4, 1.5 and 1.6 added to read as follows: 1.3 U.B.C. Standard 9-4, Standard on Aircraft Hangars 1.4 U.B.C. Standard 9-5, Installation of Halon Fire Extinguishing System. 1.5 U.B.C. Standard 9-6, Standard for the Installation of Private Fire Service Mains and Their Appurtenances 1.6 U.B.C. Standard 9-7, Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes gg/��13 90� odfrcafioh c.h an troe re�d taaRarer. systems as set forth in UBC Standard 9-3 are provided, exceptions to,or reductions in,code requirements based on the installation of an automatic fire-extinguishing co„ system are not allowed. Allowable tradeoffs for, or increases in, Building Code provisions based on the installation of an automatic fire-extinguishing system are not allowed. Exception: Reductions are allowed for the following provisions: 1. Section 708.3.1.1.3, draft stops in floor-ceiling assemblies. 2. Section 708.3.1.2.1, draft stops in attics. 3. Section 708.3.1.2.2, draft stops in attics. **Section 904.2.2; item #5 is changed and items #6, #7 and#8 are added to read as follows: Section 904.2.2 Where Required. All occupancies except Group R, Division 3 and Group U Occupancies ... , an automatic sprinkler system shall be installed: 5. Throughout all buildings with a floor level, other than penthouses in compliance with Section 1511, with an occupant load of 30 or more that is located as 35 feet (16 761 10 668 mm) or more above the lowest level of fire department vehicle access. Exception: 1. Airport control towers. (delete) 3.. Open parking structures in compliance with Section 311.9. 3. Group F, Division 2 Occupancies. (delete) 6. High-Piled Combustible Storage. For any building with a clear height exceeding 15', see Section 8101 of the Fire Code. 7. Spray Booths and Rooms. New and existing spray booths and spraying rooms shall be protected by an approved automatic fire-extinguishing system as specified in the Fire Code. ce 10 8C-14 8. Buildings Over 6,000 sq. ft. An automatic sprinkler system shall be installed C. throughout all buildings over 6,000 sq. ft. floor area. For the purpose of this paragraph area separation walls shall not be considered as forming separate buildings. Exception: Open parking garages. **Section 904.2.6.4; added to read as follows: 904.2.6.4 Group H,Division 5 Occupancies. Aircraft hangers shall be classified by Group and Type*.and shall be provided with a fire-extinguishing system as specified by UBC Standard 9-4. (*Note:Any classification of construction type under UBC Standard 9-4 shall be for use with that standard only and shall have no bearing on the construction type used in conjunction with any other provision of this code.) **Section 904.2.9 Group R Division 1 Occupancies is hereby amended to read as follows: 904.2.8 Group R Division 1 Occupancies. An automatic sprinkler system shall be installed throughout all R-1 occupancies. a; �^� t hou u tl�ru ^r m^ram cter Residential or quick-response standard sprinklers shall be used in the dwelling units and guest room portions of the building. **Sections 904.2.10, 904.2.10.1 and 904.2.10.2; added to read as follows: 904.2.10 Group S Occupancies. 904.2.10.1 Self-service storage facility.An automatic sprinkler system shall be installed throughout all self- service storage facilities. Exception: One story self-service storage facilities, that have no interior corridors, with a one-hour fire-rated occupancy separation wall installed between every storage compartment. 904.2.10.2 Group S,Division 5 Occupancies. Aircraft hangers shall be classified by Group and Type*. and shall be provided with a fire-extinguishing system as specified by UBC Standard 9-4. (*Note:Any classification of construction type under UBC Standard 9-4 shall be for use with that standard only and shall have no bearing on the construction type used in conjunction with any other provision of this code.) **Section 904.4;subparagraph 4.4 of item#4 is changed to read as follows: 4.4 Other approved fire-protection equipment standpipes-axe is installed in such areas. **Section 904.5.3 the third paragraph is changed to read as follows: There shall be a two-way outlet above the roof line on every standpipe when the roof has a slope of less than 4 units vertical in 12 units horizontal(33.3% slope). 11 8C-15 __ (ore Exception: Where the stairway extends to the roof, the two-way outlet may be located at the topmost floor landing. **Section 904.5.3; add a new paragraph to read as follows: All Class I standpipes shall be: 1. Water filled at all times; or, 2. Supervised with a minimum of 10 psig and a maximum of 40 psig air pressure with a high/low alarm. **Section 906.1; add an Exception #3 to item #1 to read as follows: 3. Buildings protected throughout by an approved automatic sprinkler system. **Section 906.6.3; add an Exception to read as follows: Exception: In buildings protected throughout by an approved automatic sprinkler system,curtain boards need only to extend down from the ceiling for a minimum depth of four (4)feet. **Table 9-A; change Occupancy Item #5, Standpipe Class for sprinklered buildings from 'Vo roguixamant"to Class "I" **Section 1004.2.4; change the exception to read as follows: Exceptions: 1. The separation distance determined in accordance with this section may be measured along a direct path of exit travel within a corridor serving exit enclosures. The walls of any such exit enclosure shall not be less than 30 feet(9144 mm), measured in a straight line, from the walls of another exit enclosure. 2. When the building is provided with an automatic sprinkler system throughout,at least two of the exits or exit-access doorways shall be placed a distance apart equal to not less than one third of the length of the maximum overall diagonal dimension of the area served, in lieu of one half, measured in a straight line between the center of such exits or exit-access doorways. **Section 1004.2.5.2.3; add a second paragraph to read as follows: When reduction of corridor construction is allowed under Section 1004.3.4.3, the reduction shall not apply to the corridors of this section for extra travel distance. **Section 1004.2.5.2.5; changed to read as follows: 1004.2.5.2.5 Factory,hazardous and storage occupancies. In a ene-ster-y building classified as a Group H, Division 5 aircraft repair hangar, or as a Group F or Group S Occupancy, the travel distance shall not exceed 300 feet(91 440 mm)and may be increased to 400 feet(121 920 mm) if the building is equipped with an automatic sprinkler system throughout. co, **Section 1004.2.6; changed to read as follows: 12 8C-16 (Nrol 1004.2.6 Dead ends. Where more than one exit or exit-access doorway is required, the exit access shall be arranged such that there are no dead ends in hallways and corridors more than 20 feet(6096 mm) in length. Exceptions: 1. In occupancies in Use Group B where the building is equipped throughout with an automatic sprinkler system, the length of dead-end corridors shall not exceed 50 feet(15 240 mm). 2. A dead-end corridor shall not be limited in length where the length of the dead-end corridor is less than 2.5 times the least width of the dead-end corridor. **Section 1004.3.4.3;Exceptions#4, 5 and 6 are changed to read as follows: 4. Corridor walls and ceilings of Group B Occupancies need not be of fire-resistive construction when the entire story in which the space is located is equipped with an automatic sprinkler system throughout and an automatic smoke-detection system installed within the corridor. The actuation of any detector shall activate alarms audible in all areas served by the corridor. Use of this exception will not permit the use of non-rated non-protected construction in the following: -for the exit enclosure separation in exception#1 of Section 1004.2.4. -to obtain the 100 foot travel distance increase of Section 1004.2.5.2.3. -to convey air to or from rooms as stated in Section 601.2 of the Mechanical Code except that private corridors within a single tenant space may be used to convey air provided that smoke detectors are installed within the tenant corridor in accordance with their listing. 5. Except for Groups H, I and R-1 Occupancies, corridors shall not be required to be protected when the building is protected by an approved automatic sprinkler system throughout. Use of this exception will not permit the use of non-rated non-protected construction in the following: -for the exit enclosure separation in exception #1 of Section 1004.2.4. -to obtain the 100 foot travel distance increase of Section 1004.2.5.2.3. -to convey air to or from rooms as stated in Section 601.2 of the Mechanical Code. 6. In Group B office buildings of Type I, Type II FR and Type II one hour ction,corridor walls and ceilings need not be of fire-resistive construction within office spaces of a single tenant when the entire story in which the space is 1ecated-is equipped with an approved automatic smoke-detection system is installed within the corridor. The actuation of any detector shall activate alarms audible in all areas served by the corridor. The smoke-detection system shall be connected to the building's fire alarm system where such a system is provided. **Section 1004.3.4.5; add Exception #4 to read as follows: 4. When corridors are not required to be of fire-resistive construction under Section time 1004.3.4.3, the elevator lobby is not required. **Section 1005.3.3.7; changed to read as follows: 13 8C-17 1005.3.3.7 Pressurized enclosure. In a building having a floor level used for human occupancy located more than Z.5. 55 feet (22—g60 16 764 mm) above the lowest level of fire department vehicle access. all required exit enclosures shall be pressurized in accordance with Section 905 and this section. Pressurization shall occur automatically upon activation of an approved fire alarm system. Exceptions: 1. If the building is not equipped with a fire alarm system. pressurization shall be upon activation of a spot-type smoke detector listed for releasing service located within 5 feet(1524 mm)of each vestibule entry. 2. Open parking garages in compliance with Section 311.9. A controlled relief vent capable of discharging a minimum of 2,500 cubic feet per minute(1180 L/s)of air at the design pressure difference shall be located in the upper portion of such pressurized exit enclosures. **Section 1005.3.3.7.1;changed to read as follows: 1005.3.3.7.1 Vestibules. Pressurized exit enclosures shall be provided with a pressurized entrance vestibule that complies with the requirements of this section. Exception: For buildings equipped with an automatic sprinkler system,vestibules may be omitted, provided all enclosed exit enclosures are equipped with a barometric dampered relief opening at the top and the stairway supplied mechanically with sufficient air to discharge a minimum of 2,500 cubic feet per minute (1180 L/s) through the relief opening while maintaining a minimum positive pressure of 0.15-inch water column in the shaft relative to atmospheric pressure with all doors closed. Activation of the mechanical equipment shall be initiated by activation of an approved fire alarm system. If the building is not equipped with a fire alarm system, pressurization shall be upon activation of a spot-type smoke detector listed for releasing service located within 5 feet(1524 mm)of each enclosure door. Such equipment shall also be activated by actuation of the automatic sprinkler system. **Section 1006.3.3.1; changed to read as follows: 1006.3.3.1 General. Exterior exit stairways serving as a portion of the exit discharge in the means of egress system shall comply with the requirements of Section 1006.3.3. An exterior exit stairway serves as an exit discharge component in a means of egress system and is open on not less than two adjacent sides,except for required structural columns and open-type handrails and guardrails. The adjoining open... [remainder of section unchanged)... for interior stairways. **Section 1101.2; add an item#2 to read as follows: 2. Alternate Design Buildings regulated under State Law and built in accordance with State certified plans, including any variances or waivers granted by the State, shall be deemed to be in compliance with the requirements of this Chapter. State certification of final inspection must be provided before issuance of Certificate of Occupancy. **Section 1202.2.1; add this exception after the second paragraph to read as follows: Exception: Bathroom exhaust ducts may terminate in a warehouse or shop area when infiltration of outside air is present and the duct does not penetrate an occupancy separation. **Section 1203.3; change the exception after the third paragraph to read as follows: Exception: Private laundry rooms in Group R, Division 3 and inside individual dwelling units of Group R, Division 1 Occupancies. 14 8C-18 Ce **Section 1506.3; change to read as follows: 1506.3 Overflow Drains and Scuppers. Where roof drains are required, overflow drains -the.-same size as the roof drains shall-be installed 'uix the inlet flew ' • t of the roof, or overflow scuppers hang three tunes the size of the reef drains and having a minimum • • • shall be sized and installed in accordance with Section 1107 of the Plumbing Code. Overflow drains shall discharge to an approved location and shall not be connected to roof drain lines. *Table No. 15-A and footnotes changed to read as follows: *Insert a footnote#5 in the heading "TABLE 15-A-MINIMUM ROOF CLASSES?" *Change the roof classed for all R-1 occupancies to "A' *Change the roof classes for R-3, Types III-one-hour, III-N,IV, V-one-hour and V N from "NR" to "C". *Delete footnotes 1 and 3. *Change footnote#4 to read as follows: C, 4 kg‘ )of crushed slag. When exceeding 120 sq. ft.of projected roof area,the roof class shall be a minimum of Class C or shall be non-combustible. *Add a footnote#5 to read as follows: All individual replacement shingles or shakes shall be in compliance with the rating required by this table. **Section 2501.2; delete. **Section 2903; changed to read as follows: SECTION 2903 --ALTERNATE NUMBER OF FIXTURES As ae a recommended but not required alternate to the minimum number of plumbing fixtures required by this chapter, see Appendix Chapter 29 of this code or Table 403.1 of the Plumbing Code. When adopted.as set forth in section 101.3, it will take precedence over the requirements of this chapter. **Section 3504,Part A, Chapter 9; changed to read as follows: 9-1; 307.11.3, 321.1, 403.2, 404.3.1, 405.1.1, 804.1, 902, 904.1.2, 904.1.3, 904.2.6.3, 904.2.7, 904.3.2, 2603.7.1, 2603.8.1 Ce Installation of Sprinkler Systems. Standard for the Installation of Sprinkler Systems,NFPA 13-1996 .1. 1•,National Fire Protection Association. 15 8C-19 f f ce 9-2; 902, 904.1.2, 904.5.1 Standpipe Systems. Standard for Installation of Standpipe Systems and Hose Systems, NFPA 14-1996 -1443,National Fire Protection Association. 9-3; 804.1, 805, 902, 904.1.2, 904.1.3, 2603.7.1, 2603.8.1 Installation of Sprinkler Systems in Group R Occupancies Four Stories or Less. Standard for the Installation of Sprinkler Systems in Residential Occupancies up to Four Stories in Height, NFPA 13R- 1996-141.841,National Fire Protection Association. 9-4; 902, 904.2.6.4, 904.2.10.2 Aircraft Hangars. Standard on Aircraft Hangars,NFPA 409-1995,National Fire Protection Association. 9-5; 902, 904.1.2 Halon Fire Extinguishing System. Standard on Halon 1301 Fire Extinguishing Systems,NFPA 12A- 1992,National Fire Protection Association. 9-6; 902, 904.1.2 Standard for the Installation of Private Fire Service Mains and Their Appurtenances,NFPA 24-1995, National Fire Protection Association. 9-7; 902, 904.1.2 Installation of Sprinkler Systems in One-Two-Family Dwellings and Manufactured Homes,NFPA 13D- 1996,National Fire Protection Association. **Appendix Section 421.1; amend to read as follows: Coe A19.1 Scope. The provisions of this section apply to the design and construction of barriers for swimming pools . **Appendix Section 421.1; add an exception to paragraph #1 to read as follows: Exception: When horizontal members are part of a fence that is at least 6 feet (1830 mm) in height, the horizontal members need not be on the pool side of the barrier. **Appendix Section 1107.4; added to read as follows: 1107.4 Alternate Design Buildings regulated under State Law and built in accordance with State certified plans, including any variances or waivers granted by the State, shall be deemed to be in compliance with the requirements of this Chapter. State certification of final inspection must be provided before issuance of Certificate of Occupancy. **Appendix Section 1516.3, subparagraph #1; changed to read as follows: 1. Asphalt shingles. Not more than one 41.4.4a overlays of asphalt shingles shall be applied over an existing asphalt or wood shingle roof.Le sphalt hinglo� pplied^•er• ^^+ �hingl�� sh,n not h...o io��than Appendix Chapter 33 "Excavation and Grading" is hereby amended as follows: 16 sc-20 (NI SECTION 3304-PURPOSE (unchanged) SECTION-3305-SCOPE (unchanged) SECTION-3306-PERMITS REQUIRED (unchanged) SECTION-3307-HAZARDS (unchanged) SECTION-3308-DEFINITIONS (unchanged) SECTION-3309-GRADING PERMITS AND REQUIREMENTS 3309.1 Permits Required. (unchanged) 3309.2 General (lare 1. Lot grading inspections are conducted by the engineering staff prior to placing any concrete and at the time of the inspection of the structure. 2. The Public Works Department should be contacted for assistance with any questions. problems, or concerns about the final grade of a lot. 3. The public works staff shall be contacted to inspect the lot while grading is still in progress and before any concrete flatwork is set up to be poured. This will help to reduce the chance of any significant problems arising when the final inspection is made. 3309.3 Building Permits. 1.All comments regarding lot drainage and grading are noted by thePublic Works Department on the plot plans which are submitted to the building inspection department. 2. The following items are required to be on the plot plans for an engineering review: a. The proper location of the structure and all flatwork as it relates to the property lines. (lare b. The location and identification of all drainage, utility, and / or floodplain easements. 17 sc-21 c. The location and identification of any underground utilities that could possibly have an effect on the property. d. The proper identification of minimum finished floor elevations if required on the approved plat. e. Location and identification of any proposed retaining walls, drainage swales, yard drains, french drains, or any other items that would be pertinent to the lot grading. f. The directions of drainage flows. g. Topographic information to determine direction of flow and impacts on adjacent property. 3309.4 Retaining Walls. 1. There are three basic circumstances in which retaining walls will be required. These are as follows: a. If a lot has been cut in order to establish a building pad for the structure, the amount (depth) of cut will need to be retained if proper slopes (4' horizontal: 1' minimum) cannot be established. b. If a lot has been filled in order to establish a building pad for the structure, the amount (depth) of fill will need to be retained if proper slopes (4' horizontal: 1' vertical minimum) cannot be established. c. If needed to facilitate proper lot drainage. 2. Any proposed wall that is over four(4) feet in height (top of footing to top of wall) is required to be designed by a registered engineer and to have a sealed plan submitted to the building inspection department for approval prior to construction. 3309.5 Driveways. 1. Any driveways or any other flatwork that is to be located on or near the property line. and has the potential to drain directly onto the adjoining property, must be curbed, inverted a sloped in such a manner as to drain in accordance with the required drainage plan. 2. The public works staff shall be contacted to discuss proposed grades of driveways and on the flatwork and inspect the established final grade before any concrete pour is initiated. 3309.6 Drainage Swales. 18 so-22 e � 1. Drainage swales are needed in most cases to facilitate proper lot drainage in accordance with the required subdivision drainage plan or as required by the natural -grade as shown on the City's topographic maps. These swales should be constructed in such a manner as to: a. Be maintainable by the homeowner. (No slopes steeper than 4' horizontal: 1' vertical). b. Be able to carry the anticipated amount of rainwater runoff c. Minimize erosion problems within the swale itself. This can be accomplished by sodding any swales that could possibly carry a large volume of water. 2. The location of these swales is up to the builder or superintendent in charge of the project. Generally, swales are placed at or near the property lines so as to meet the given drainage requirements. 3. If possible, swales through the center of side or rear yards should be avoided in anticipation of future improvements such as pools and/or spas which could potentially block a drainage swale located in these areas. 4. The minimum grade allowed for grass swales is one (1) percent. Lesser slopes may be (ime considered for concrete or stone lined swales. 3309.7 Side Slopes. The maximum percentage of a slope that is allowed is 4:1. This means that for every four(4) feet of horizontal distance a maximum one (1) foot rise/fall vertically is allowed. Any slope that is steeper than 4:1 should be retained. It is also recommended that any slope approaching a 4:1 slope should be sodded to reduce the possibility of erosion. 3309.8 Fill Permits. Any lots that require flood plain areas to be filled shall contact the Public Works Department in order to process a fill permit in conformance to Federal and City requirements. 3309.9 VARIANCE TO SUBDIVISION PLANS. In general. all grading shall conform to the grading and drainage as shown on the approved subdivision plans. In those instances where the applicant proposes to change the grading as shown on the approved subdivision plans, the applicant shall be required to provide a detailed drainage study showing the impacts of the proposed changes on adjacent properties. **U.B.C. Standard No. 9-1 is changed to read as follows: UNIFORM BUILDING CODE STANDARD 9-1 INSTALLATION OF SPRINKLER SYSTEMS See Sections 307.11.3; 404.3.1; 405.1.1; 405.3.4; 804.1; 902; 904.1.2; 904.1.3;904.2.6.3; 904.2.8; 904.2.9; 2603.7.1; 2603.8.1,Item 4; Appendix 327.2, Uniform Building Code 19 8C-23 This standard,with certain exceptions,is based on the National Fire Protection Association Standard for the Installation of Sprinkler Systems,NFPA 13-1996 1991. Part I of this standard contains the exceptions to NFPA 13-1996. **Delete all of Part I and Part II and replace with a new Part Ito read as follows: Part I SECTION 9.101 --AMENDMENTS The National Fire Protection Association standard adopted by this standard applies to the selection, installation, acceptance inspection and acceptance testing of sprinkler systems, except as follows: 1. Any standard referenced in this document that has not specifically been adopted may be replaced with other nationally recognized standards,or with adopted provisions from Volume I of this code or from the Fire Code, by the authority having jurisdiction. 2. All references to NFPA 24,Standard for the Installation of Private Fire Service Mains and Their Appurtenances,shall be taken to mean U.B.C. Standard 9-6 of this code. 3. All references to NFPA 409, Standard on Aircraft Hangars, shall be taken to mean U.B.C. Standard 9-4 of this code. 4. All references to NFPA 70,National Electrical Code,shall be taken to mean the Electrical Code, as adopted by this jurisdiction. 5. All references to NFPA 13D,Standard for the Installation of Sprinkler Systems in One-and Two- (hile Family Dwellings and Manufactured Homes,shall be taken to mean U.B.C. Standard 9-7 of this code. 6. All references to NFPA 13-R,Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height,shall be taken to mean U.B.C. Standard 9-3 of this code. 7. All references to NFPA 14,Standard for the Installation of Standpipe and Hose Systems,shall be taken to mean U.B.C. Standard 9-2. 8. Sec. 1-1 is amended by changing the note to read as follows: Consult other recognized and accepted standards for additional requirements relating to water supplies. 9. Sec. 1-4 is amended by changing the definition of"approved"and "listed"as follows: The definitions of"approved and"listed" shall be as set forth in Volume I of this code. 10. Sec. 1-4.1 is amended by deleting the definitions of the terms"limited combustible material," "noncombustible material,""should"and "standard;" by deleting the note following the definition of "sprinkler system;" and by adding a definition for"thermal barrier" to read as follows: Thermal Barrier is a material that will limit the average temperature rise of the unexposed surface to not more than 250° F. (1210 C.) After 15 minutes of fire exposure complying with nationally recognized standards. 11. Sec. 1-4.7 is amended to read as follows: 20 8C-24 1.4.7 For the purpose of determining the level of protection to be provided by required sprinkler system installations, Table 1.4.7 shall be used. For hazard classifications other than those indicated, see appropriate nationally recognized standards for design criteria. When fire sprinkler systems are required in buildings of undetermined use,they shall be designed and installed to have a sprinkler density of not less than that required for an Ordinary Hazard Group 2 use with a minimum design area of 3,000 square feet(279 m2). Use is considered undetermined if not specified at time permit is issued. Where a subsequent occupancy requires a system with greater capability, it shall be the responsibility of the occupant to upgrade the system to the required density for the new occupancy. Other Uniform Codes or standards contain sprinkler system design criteria for Fire control or suppression of specific hazards. Table 1.4.7--Hazard Classification Occupancy of Building or Portion Thereof Hazard Classification Group A Occupancies used as meeting rooms, library reading rooms,restaurant Light seating areas, clubs, theaters, museums, health clubs, educational classrooms and churches. Group B Occupancies used as offices, data processing areas, colleges and universities. Group E Occupancies other than shops and laboratories. Group I Occupancy living and sleeping areas. Group R, Division 1 Occupancies.' Typically these uses are such that the quantity and combustibility of contents is such that relatively low-rate-of-heat-release fires would be expected. Groups B, F and S Occupancies used for light manufacturing, commercial Ordinary kitchens, laundries, automobile parking garages,bakeries, canneries, electronic Group 1 plants, beverage manufacturing and glass products manufacturing plants not producing dust or fibers. Typically these uses are such that the quantity of combustibles is relatively low, the combustibility of contents is moderate. storage does not exceed 8 feet(2438 mm) in height, and moderate-rate-of-heat- release fires would be expected. Groups B, F, M and S Occupancies used for chemical plant laboratories, mercantile, machine shops,printing, plants, library stack areas,metal working, wood product assembly, textile manufacturing, confectionery products, cold storage warehouses,' cereal mills, service stations and repair garages. Typically these uses are such that the quantity of combustibles is moderate. The combustibility of contents is moderate, storage does not exceed 12 feet(3658 mm) in height' and moderate-rate-of-heat-release fires would be expected. 21 8C-25 ALSO: Group A Occupancies such as exhibition halls. Group B, F and S Occupancies used as to tobacco products manufacturing, paper and pulp mills, piers and wharfs, and warehousing' of higher combustible contents (including packaging). Group H Occupancies used as fee mills, tire manufacturing, chemical plants, repair garages and woodworking. Group H, Division 6 Occupancies (except extra-hazard areas). Typically these uses are such that high-rate-of-heat-release fires would be expected and the spread of fire would be rapid. Ordinary Group 2 Group H Occupancies used for printing [using inks with flash points below Extra Hazard 100° F. (38° C)], combustible hydraulic fluid-use areas such as die casting and Group 1 metal extruding, upholstering with plastic foam, rubber reclaiming, compounding, drying, milling, vulcanizing, plywood and particle board manufacturing, saw mills, textile picking, opening, blending, garnetting, carding and combining of cotton, synthetics,wool shoddy or burlap. Typically these uses are such that a significant fire hazard exists. Group H Occupancies used as asphalt saturating, flammable liquids spraying, Extra Hazard flow coating, open oil quenching, varnish and paint dipping, solvent cleaning, Group 23 and manufactured home or modular building manufacturing(where the finished building enclosure is present and has combustible interiors). These uses are such that a severe fire hazard exists. C, . See also Section 5-3.2 - For high-piled storage, see Article 81 of the Fire Code. 3 For additional or more stringent criteria, see Article 79 or 80 of the Fire Code. 12. Sec.2-1.1 is revised to read as follows: 2-1.1 All materials and devices shall be listed and approved. 13. Sec.2-3.5 is revised to read as follows: 2-3.5 Other types of pipe or tube, such as plastic, may be used if it is investigated and found to be listed for this service. 14. Sec. 2-8.1 is revised to read as follows: 2-8.1 The fire department connection(s)shall be internal swivel fittings having national standard hose thread or as approved by the chief. 15. Sec.2-9.1 is revised by changing the last line as follows: "on the premises within two minutes after such flow begins." 16. Sec.2-9.5.1 is revised to read as follows: Electrically operated alarm attachments forming part of an auxiliary, proprietary,remote station or local signaling system shall be installed in accordance with Fire Code Standard No. 14-1. 17. Sec.3-9.1 is revised by deleting the last sentence. 22 8C-26 (6001 18. Sec.4-2 is revised by changing the last item to read as follows: Storage- High-piled storage(as defined in the Fire Code) -- 40,000 square feet(3716 m2). (Exception to remain unchanged.) 19. Sec.4-6.4.1.2 is revised by changing Exception 3 to read as follows: Exception No. 3: Where sprinklers are installed under composite wood joists less than 16 inches (406 mm) in depth, sprinkler deflectors shall be a minimum of 1 inch(25 mm) and a maximum of 6 inches (152 mm) below the bottom of the composite wood joist and the joist channels shall e fire stopped the full depth of the joist with a material equivalent to the web construction so that individual channel areas do not exceed 300 square feet(27.9 m2). Where the depth of the composite wood joist is 16 inches (406 mm) or greater,protection shall be provided by using one or more of the following methods: (a)Provide a sprinkler in each joist channel. The distance between sprinklers within the joist channel shall not exceed 15 feet(4572 mm). (b)Protect the composite wood joist with 5/8-inch(16 mm) Type X gypsum wallboard attached directly to the bottom of the composite wood joist. Joist channels shall be fire-stopped the full depth of the joist with a material equivalent to the web construction so that the volume of individual channels do not exceed 160 cubic feet(4.53 m3). ©Completely fill the channel with noncombustible insulation. The insulation shall be secured to prevent the insulation from falling. Joist channels shall be fire-stopped the full depth of the joist with a material equivalent to the web construction so that the volume of individual channels does not exceed 160 cubic feet(4.53 m3). 20. Sec. 4-14.2.1.2 is revised to read as follows: Ce When sprinkler piping is installed in storage racks as defined in Fire Code Standard 81-2, piping shall be substantially supported from the storage rack structure or building in accordance with all applicable provisions of Sections 4-14.2 and 4-14.4.3. 21. Sec. 4-15.1.1.1 is revised to read as follows: Local water-flow alarms shall be provided on each sprinkler system having more than five sprinklers and shall be located in an area approved by the Chief. 22. Sec 5-2.3.1.1 is revised by substituting"nationally recognized"for"NFPA" in the first line of Exception 1. 23. Sec. 5-3.4.1 is revised by substituting"nationally recognized" for"NFPA" in the second line of the text. 24. Sec. 6-1.1.1(1) is revised to read as follows: 6-1.1.1(1) Manufacturing data sheets for sprinkler head which contain at least the following information: -Make -Type -K-factor -Nominal office size -Temperature rating -Minimum operating pressures and discharge rates for proposed area of coverage. (11bri 25. Sec. 8-4.1 is revised to read as follows: 23 8C-27 (ise, 8-4.1 The installer of the system shall provide the owner with written instructions and information relating to the care and maintenance of the sprinkler system, with special attention given to the sprinkler system devices. Subsections (a)and (b)are deleted. 26. Chapter 9 is deleted. 27. Sec. 10-1.1 is revised to read as follows: 10-1.1 A sprinkler system installed under this standard shall be maintained in accordance with Article 10 of the Fire Code. 28. Chapter 11 is deleted. REASON: To make the most current NFPA Standard compatible with the 1997 UBC and prevailing practice in this region. **U.B.C. Standard No. 9-2 is changed to read as follows: UNIFORM BUILDING CODE STANDARD 9-2 STANDPIPE SYSTEMS See Sections 902,904.1.2 and 904.5.1, Uniform Building Code This standard,with certain exceptions,is based on the National Fire Protection Association Standard for the Installation of Standpipe and Hose Systems,NFPA 14-1996 4403. Part I of this standard contains exceptions to NFPA 14-1996 1993. Dom.+rr „f+r,:� +,,,a,, r mains NFD A Unless specifically adopted elsewhere, supplemental standards referenced in this primary standard shall only be considered to be guidance material subject to the approval of the authority having jurisdiction-bu ing official. **Delete all of Part I and Part II and replace with a new Part Ito read as follows: Part I SECTION 9.201 --AMENDMENTS 1. Any standard referenced in this document that has not specifically been adopted may be replaced with other nationally recognized standards,or with adopted provisions from Volume I of this code or from the Fire Code, by the authority having jurisdiction. 2. All references to NFPA 13,Standard for the Installation of Sprinkler Systems,shall be taken to mean U.B.C. Standard 9-1 of this code. 3. All references to NFPA 24,Standard for the Installation of Private Fire Service Mains and L., Their Appurtenances,shall be taken to mean U.B.C. Standard 9-6 of this code. 24 8C-28 4. Sec.3-2.4 is revised to read as follows: L. 3-2.4 Manual- Dry. A manual-dry standpipe system shall be a dry standpipe system that does not have a permanent water supply attached to the system. Manual-dry systems need water from a fire department pumper(or the like)to be pumped into the system through the fire department connection in order to supply the system demand. Manual-Dry standpipe systems may not be installed except in areas subject to freezing and with the approval of the Authority Having Jurisdiction. 5. Sec.3-3.1 is revised to read as follows: 3-3.1 Class I Systems. A Class I standpipe system shall provide 2-1/2 in. (63.5-mm) hose connections to supply water for use by fire departments and those trained in handling heavy fire streams. All Class I standpipes systems shall be: 1. Water filled at all times; or, 2. Supervised with a minimum of 10 psig and a maximum of 40 psig air pressure with a high/low alarm. 6. Sec. 5-3.2(0 is revised to read as follows: (D Where the most remote portion of a nonsprinklered floor or story is located in excess of 150 ft (45.7 of travel distance from a required exit or closest point of approved fire department access, or the most remote portion of a sprinklered floor or story is located in excess of 200 ft(62 m)of travel distance from a required exit,or closest point of approved fire department access, additional hose connections shall c, be provided, in approved locations,where required the local fire department. exception Sec. 5-7(a) is revised�adding a second p tion to read as follows: Exception No. 2: Standpipe systems that are a portion of an approved sprinkler system may utilize a Fire Department pumper in operation at the Fire Department connection to meet the 100 hydraulic calculation requirements, subject to the approval of the Authority Having Jurisdiction. 8. Sec. 5-9.1.1 is revised by adding a second exception to read as follows: Exception No. 2: In all fully sprinklered buildings, except high rises, the flow rate requirement o500 GPM for the most remote standpipe, and 250 GPM for additional standpipes may be calculated utilizing a Fire Department pumper in operation at the systems Fire Department connection, subject to the approval of the Authority HavingJurisdiction. 9. Chapter 10 is deleted. **U.B.C. Standard No. 9-3 is changed to read as follows: UNIFORM BUILDING CODE STANDARD 9-3 INSTALLATION OF SPRINKLER SYSTEMS IN GROUP R OCCUPANCIES FOUR STORIES OR LESS See Sections 804.1,805,902,904.1.2,2603.7.1 and 2603.8.1, Uniform Building Code 25 sc-29 � � f **Delete all of Part I and Part II and replace with a new Part I to read as follows: Part I SECTION 9.301 -- ADOPTION OF NFPA STANDARD Except for the limitations,deletions,modifications and amendments set forth in Section 9.302 of this standard, the installation of sprinkler systems in Group R Occupancies required this code shall be in accordance with the Standard for the Installation of Sprinkler Systems in Residential Occupancies,NFPA I3R-1996,or U.B.C. Standard 9-1 SECTION 9.302--AMENDMENTS The National Fire Protection Association standard adopted la Section 9.301 applies to the selection, installation, acceptance inspection and acceptance testing of sprinkler systems in residential occupancies four stories or less, except as follows: 1. Any standard referenced in this document that has not specifically been adopted may be replaced with other nationally recognized standards,or with adopted provisions from Volume I of this code or from the Fire Code, the authority having jurisdiction. 2. All references to NFPA 13,Standard for the Installation Sprinkler System,shall be taken to mean U.B.C. Standard 9-1 of this code. 3. Sec. 1-3 is amended as follows: The definitions of"approved" and "listed"shall be as set forth in Volume 1 of this code. The definitions of"should"and "standard" are deleted. The definition of"residential occupancies"is revised as follows: RESIDENTIAL OCCUPANCIES are Group R Occupancies. 4. Sec.2-3.2 is revised by changing the reference to"NFPA 20 and 22" to"nationally recognized standards". 5. Secs.2-7.1 and 2-7.2 are added as follows: 2-7.1 A sprinkler system installed under this standard shall be maintained in accordance with the Fire Code. 2-7.2 The installer of the system shall provide the owner with written instructions and information relating to the care and maintenance of the sprinkler system,with special attention Given to the sprinkler system devices. 6. Chapter 3 is deleted. **U.B.C. Standard No. 9-4 added to read as follows: 26 8C-30 I L UNIFORM BUILDING CODE STANDARD 9-4 STANDARD ON AIRCRAFT HANGARS See Section 902.1.3,904.1.2,904.2.6.4 and 904.2.10.2 Uniform Building Code SECTION 9.401 --ADOPTION OF NFPA STANDARD Except for the limitations,deletions,modifications and amendments set forth in Section 9.402 of this standard, the installation of fire-extinguishing systems in aircraft hangars of Group I-I, Division 5 and Group S, Division 5 Occupancies required this code shall be in accordance with the Standard on Aircraft Hangars,NFPA 409- 1995. SECTION 9.402 —AMENDMENTS The National Fire Protection Association standard adopted12y Section 9.401 applies to the selection,installation, acceptance inspection and acceptance testing of fire-extinguishing systems in aircraft hangars of Group H, Division 5 and Group S, Division 5 Occupancies, except as follows: 1. Any standard referenced in this document that has not specifically been adopted may be replaced with other nationally recognized standards,or with adopted provisions from Volume I of this code or from the Fire Code, toy the authority having jurisdiction. 2. All references to NFPA 13,Standard for the Installation[Sprinkler System,shall be taken to ce mean U.B.C. Standard 9-1 of this code. 3. All references to NFPA 70,National Electrical Code,shall be taken to mean the Electrical Code, as adopted la this jurisdiction. 4. Sec. 1-3 is amended as follows: The definition of"Fire Wall"is revised as follows: Fire Wall. A wall separating buildings or subdividing a building to prevent the spread of fire and having a fire resistance rating as required for an area separation wall as listed in Volume I of this code and structural stability. The definition of"Hangar Building Cluster" is revised as follows: Hangar Building Cluster. A group of buildings with more than one area for the storage and servicing of aircraft and all attached or contiguous structures,or structures not separated as specified in Volume I of this code 23 2 or 5 2 1 of th standard, as appropriate. The definition of"Single Hangar Building"is revised as follows: Single Hangar Building. A building with one area for the storage and servicing of aircraft and any . attached,adjoining.or contiguous structure,such as a lean-to, shop area, or parts storage area not separated as c, specified in Volume I of this code 2 3.2 or 5 2.1 of this standard, as appropriate. 27 8C-31 5. Sec. 2-1.1 is amended as follows: 2-1.1* Group I and II hangars shall be type,assi ned a construction gand constructed, in accordance with the provisions of Volume I of this code. However, for the purpose of using this standard,Group I hangars shall be either Type I or Type II construction in accordance with NFPA 220,Standard on Types el Building Construction. For the purpose of using this standard,Group II hangars shall be constructed of any of the types of construction specified in NFPA 220,Standard on Types of Building Construction, or any combination thereof. 6. Sec.2-1.2 is amended as follows: 2-1.2* Mezzanines, tool rooms, and other enclosures within aircraft storage and servicing areas shall be constructed of nenceathustih,le material as specified in Volume I of this code nI l l)and(nnm construction — —— — — 7. Sec.2-2.1 is amended as follows: 2-2.1* Where aircraft storage and servicing areas are subdivided into separate fire areas,the separation shall be la an area separation wall with opening protection as defined in Volume I of this code 8. Sec.2-2.3 is amended as follows: 2-2.3 Partitions and ceilings separating aircraft storage and servicing areas from all other areas, shops, offices. and parts storage areas shall be fire-rated when and as required in Volume I of this code have at least a 1 hour rating of 15 minutes. 9. Sec. 2-2.4 is amended as follows: 2-2.4 Where a storage and servicing area has an attached,adjoining,or continuous structure, such as a lean-to. shop, office, or parts storage area, the wall common to both areas shall be fire-rated when and as required in Volume I of this code 10. Sec. 2-3.1 is amended as follows: 2-3.1 Precautions shall be taken to ensure ready access to hangars from all sides. Adequate separation and fire- rating of exterior walls, as required Volume I of this code for buildings on the same property, shall be provided to reduce fire exposure between buildings. The clear yards between buildings spaces pecified in Tables 2 3.2 and 2 3.3 shall not be used for the storage or parking of aircraft or concentrations of combustible materials, nor shall buildings of any type be erected therein. 11. Sec.2-3.2 is deleted. 12. Table 2-3.2 is deleted. 13. Sec.2-3.2.1 is deleted. (re 14. Sec.2-3.2.2 is deleted. 15. Sec.2-3.2.3 is deleted. 28 8C-32 1 'I 16. Sec. 2-3.3 is deleted. le 17. Table 2-3.3 is deleted. 18. Sec. 2-3.3.1 is deleted. 19. Sec. 2-3.3.2 is deleted. 20. Sec.2-4.3 is amended as follows: 2-4.3 Floor openings in multistoried sections of hangars shall be enclosed with partitions or protected with construction when and as required Volume I of this code - - 21. Sec. 2-5.1 is amended as follows: 2-5.1 Roof coverings shall be of an approved material and design as required Volume I of this code type-of - -,- 22. Sec.2-5.2 is deleted. 23. Sec. 2-5.3 is deleted. 24. Sec.2-5.4 is deleted. 25. Sec.2-6.1 is amended as follows: 2-6.1 In aircraft storage and servicing areas of hangars column protection shall be required when and as required Volume I of this code- . Ce 26. Sec.2-6.2 is deleted. 27. Sec.2-10.1 is amended as follows: 2-10.1 Exposed interior insulation attached to walls and roofs in an aircraft storage and servicing area of a hangar not provided with a prinkler system d 'Fined in accordance with Ch pter 3 or Ch pter/1 of this standard. a& applicable,shall be as specified in Volume I of this code noncombustible as defined in Chapter 2 of NFPA 220. 28. Sec.2-10.2 is deleted. 29. Sec. 2-12.1 is amended as follows: 2-12.1* Heating,ventilating,and air conditioning equipment shall be installed,as applicable, in accordance with the Mechanical Code and Volume I of this code NFPA 90A,Standard for the Installation fir Conditioning • T - -- • T�TFA e S Q Ct 7 f t� Ct and LI,, Ming of I_em 30. Sec. 2-12.3 is amended as follows: 2-12.3 In aircraft storage and servicing areas of hangars , hangar heating plants that are fired with gas, liquid, or solid fuels not covered under 2-12.5 of this section and that are not located in a detached building shall be located in a room constructed as required in the Mechanical Code and Volume I of this code(age, -ae�.. � f th r ^ '* of the hangar angt " at le `t ' ' haur fire Fesistance-rating. This separated room shall not be used for any other hazardous purpose of combustible storage, 29 8C-33 e, • L, installed o — — —awl *able .f the Feifu+sed f1xe cesistauce rst.iug fsr 31. Sec.2-12.6 is amended as follows: 2-12.6 Where a mechanical ventilating system is employed in hangars or shops, the ventilating system shall be installed in accordance with the Mechanical Code 32. Sec.2-12.7 is amended as follows: 2-12.7 Where blower and exhaust systems are installed for vapor removal, the systems shall be installed in accordance with the Mechanical Code 33. Sec.2-13.3 is amended as follows: 2-13.3 In aircraft storage and servicing areas of hangars , main distribution panels, metering equipment, and similar electrical equipment shall be located in a room separated from the aircraft storage and servicing areas when and as required l the Electrical Code and Volume I of this code 34. Sec.2-16.1 is amended as follows: 2-16.1 Means of egress from the aircraft hangar shall comply with the provisions of Volume I of this code NFPA 101, fa Sao 'Code. 35. Sec.2-17 is amended as follows: 2-17* Materials for Draft Curtains. Where provided,draft curtains shall be constructed as required in Volume I of this code 36. Sec. 5-1.1 is amended as follows: 5-1.1* Group III hangars shall be assigned a construction type, and constructed, in accordance with the provisions of Volume I of this code. However, for the purpose of using this standard, Group III hangars shall be constructed of any of the types of construction specified in NFPA 220, Standard on Types of Building Construction. 37. Sec.5-1.6 is amended as follows: 5-1.6 Roof coverings shall be as required in Volume I of this code listed as Glass C,or better,where tested in 38. Sec. 5-1.7 is amended as follows: 30 8C-34 6 -` 4 5-1.7 Exposed interior insulation attached to walls and roofs in aircraft storage and servicing areas shall be as specified in Volume I of this code In an aircraft stora:e and servic' g asea of a laegar (it ippecl with an approved sprinkler system shall be permitted to be limited noncombustible as defined in NFPA 220, Standard Typos j Building — — 39. Sec. 5-2.1 is deleted. 40. Table 5-2.1 is deleted. 41. Sec. 5-2.2 is deleted. 42. Sec. 5-2.3 is amended as follows: • 2.3 Partitions and ceilings separating aircraft storage and servicing areas from other areas,such as shops, offices, and parts storage areas,shall be fire-rated when,and installed as, required l Volume I of this code have-at:-least leas..;hor. — -- -- 43. Sec. 5-3.3 is deleted. 44. Table 5-3.3 is deleted. 45. Sec. 5-4.1 is amended as follows: c, -4.1 Heating,ventilation,and air conditioning equipment shall be installed,as applicable, in accordance with the Mechanical Code and Volume I of this code __ T Il.tianal ) ft I I 'rl `I — 46. Sec. 5-4.3 is amended as follows: 5-4.3 Hangar heating plants that are fired with as, liquid,or solid fuels not covered under 5-4.5 of this section. and that are not located in a detached building, shall be located in a room constructed as required t the Mechanical Code and Volume I of this code the hang �. h + . This separated room shall not be used for any other hazardous purpose or combustible storage nd sh 11 ha _dire t am the - st Openings e such duct shall be protected with a listed automatic fire damper or door. All air for combustion purposes hall be .ir.. , f t 'd th b ildi Sec. 5-4.6 is amended as follows: 5-4.6 Where a mechanical ventilating system is employed in hangars or shops, the ventilating system shall be installed in accordance with the Mechanical Code NFPA 90A,Standard for tha Installation filer Condition and in accordance with the applicable provisions of Section 5-4 of this chapter. („„...„ 48. Sec. 5-4.7 is amended as follows: 31 8C-35 4 • $ 1 5-4.7 Where blower and exhaust systems are installed for vapor removal, the systems shall be installed in (...„ accordance with the Mechanical Code 49. Sec. 5-8.1 is amended as follows: 5-8.1 Means of egress from the aircraft hangar shall comply with the provisions of Volume I of this code NFP.\ 101, feSae •Coda. 50. Chapter 7 is deleted. **U.B.C. Standard 9-5 added to read as follows: UNIFORM BUILDING CODE STANDARD 9-5 INSTALLATION OF HALON 1301 FIRE EXTINGUISHING SYSTEMS See Section 902.1.4, Uniform Building Code SECTION 9.501 -ADOPTION OF NFPA STANDARD Except for the limitations,deletions,modifications or amendments set forth in Section 9.502 of this standard, the installation of Halon 1301 Fire Extinguishing Systems required b this code shall be in accordance with the "Standard on Halon 1301 Fire Extinguishing Systems,NFPA 12A- 1992. SECTION 9.502-AMENDMENTS The National Fire Protection Association standard adopted b Section 9.501 applies to the selection, installation, acceptance inspection and acceptance testing of Halon 1301 Fire Extinguishing Systems,except as follows: (..... 1. Any standard referenced in this document that has not specifically been adopted may be replaced with other nationally recognized standards,or with adopted provisions from Volume I of this code or from the Fire Code, by the authority having jurisdiction. 2. All references to NFPA 70,National Electrical Code,shall be taken to mean the Electrical Code, as adopted by this jurisdiction. 3. Chapter 5 is deleted. **U.B.C. Standard No. 99=6; added to read as follows: UNIFORM BUILDING CODE STANDARD 9-6 INSTALLATION OF PRIVATE FIRE SERVICE MAINS AND THEIR APPURTENANCES See Section 902.1.5, Uniform Building Code SECTION 9.601 - ADOPTION OF NFPA STANDARD Except for the limitations,deletions, modifications or amendments set forth in Section 9.602 of this standard. the installation of private fire service mains and their appurtenances required b this code shall be in accordance with the"Standard for the Installation of Private Fire Service Mains and Their Appurtenances, NFPA 24-1995. SECTION 9.602-AMENDMENTS (....„ 32 8C-36 4 " ' L The National Fire Protection Association standard adopted 12y Section 9.601 applies to the selection, (.., installation, inspection,maintenance and testing of private fire service mains and their appurtenances,except as follows: 1. Any standard referenced in this document that has not specifically been adopted may be replaced with other nationally recognized standards,or with adopted provisions from Volume I of this code or from the Fire Code,y the authority having jurisdiction. 2. All references to NFPA 13,Standard(the Installation(Sprinkler System,shall be taken to mean U.B.C. Standard 9-1 of this code. 3. Sec. 1-1.1 is added as follows: 1-1.1 Other codes. When connecting to a potable water supply, other codes and provisions, such as those for the prevention of backflow, may also apply. When the fire'service main is also used for potable water supply, other codes and provisions,which may include additional permits, installation requirements and separate inspections from other AHJ departments,may also apply. 4. Chapter 10 is deleted. **U.B.C. Standard No. 9=7; added to read as follows: UNIFORM BUILDING CODE STANDARD 9-7 SPRINKLER SYSTEMS IN ONE-AND TWO-FAMILY DWELLINGS AND MANUFACTURED HOMES See Section 902.1.6, Uniform Building Code (....., SECTION 9.701 -ADOPTION OF NFPA STANDARD Except for the limitations,deletions,modifications or amendments set forth in Section 9.702 of this standard, the installation of sprinkler systems in one- and two-family dwellings and manufactured homes required by this code shall be in accordance with the"Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes,NFPA 13D-1996. SECTION 9.702 -AMENDMENTS The National Fire Protection Association standard adopted 12y Section 9.701 applies to the selection, installation, inspection,maintenance and testing of sprinkler systems in one- and two-family dwellings and manufactured homes,except as follows: 1. Any standard referenced in this document that has not specifically been adopted may be replaced with other nationally recognized standards,or with adopted provisions from Volume I of this code or from the Fire Code,toy the authority having jurisdiction. 2. All references to NFPA 13,Standard for the Installation el Sprinkler System,shall be taken to mean U.B.C. Standard 9-1 of this code. 3. All references to NFPA 13-R,Standard for the Installation giSprinkler Systems in Residential Occupancies up to and Including Four Stories in Height,shall be taken to mean U.B.C. Standard 9-3 of this code. 4. Chapter 6 is deleted. END — —— C 33 8C-37 City of Southiake, Texas -- -- MEMORANDUM February 13, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Ordinance No. 694, 15L reading, adopting the International Mechanical Code, 1996 Edition with local amendments BACKGROUND ' I The Building Board of Appeals has recommended City Council adopt the International Mechanical Code, 1996 Edition with 1997 Supplement and local amendments. The International Conference of Building Officials reviewed and revised the former Uniform Mechanical Code. The North Central Texas Council of Governments also recommends the adoption of this code with the inclusion of its regional amendments. The administrative chapter has (00°' been removed in favor of the current Administrative Code. RECOMMENDATION • Staff recommends Council approve Ordinance No. 694, 1" reading, adopting the International Mechanical Code, 1996 Edition with the 1997 Supplement and local amendments. Please place this item on the February 17, 1998 Regular City Council Agenda for City Council review and consideration. 411.1ifj/eA= CRE Attachments: Memo from Paul Ward, Building Official NCTCOG Resolution Proposed Ordinance No. 694 L 8D-1 City of Southlake,Texas (117 MEMORANDUM February 6, 1998 TO: Bob Whitehead, Director Public Works FROM: Paul Ward, Building Official SUBJECT: ORDINANCE NO. 694, FIRST READING ADOPTING THE INTERNATIONAL MECHANICAL CODE, 1996 EDITION WITH 1997 SUPPLEMENT AND LOCAL AMENDMENTS The Building Board of Appeals met on December 08, 1997 to consider the 1996 International Mechanical Code. The staff explained the International Conference of Building Officials change of recommended mechanical codes from the Uniform Mechanical Code to the new 1996 International Mechanical Code. This new code is a combined effort of the three nationally recognized code groups in the United States. The differences in the new code were discussed at length in committee meetings at the North Central Texas Council of Governments. The C. O. G. committee has recommended approval with the amendments provided in this ordinance. The proposed ordinance adopts the 1996 Mechanical Code with the 1997 Supplement which are amendments voted into the code by the International Codes Council. This code is then amended by our ordinance which in turn adopts the N. C. T. C. O. G. recommended regional amendments. As in the Building Code we have deleted the Administrative chapter in favor of the present Administrative Code. Please schedule this ordinance on the February 17, 1998 City Council Meeting. PW/dc 1:\chuck\96mchbw.wpd 8D-2 RESOLUTION IN SUPPORT OF MECHANICAL CODE UNIFORMITY AND ENDORSEMENT OF THE INTERNATIONAL MECHANICAL CODE - 1996 EDITION AND 1997 SUPPLEMENT WHEREAS, the North Central Texas Council of Governments is established to assist local governments in planning for common needs, cooperating for mutual benefit, and coordinating for sound regional development; and WHEREAS, the North Central Texas Council of Governments has been active for the last thirty years in promoting construction code uniformity in the region; and WHEREAS, code uniformity has been documented to lead to a decrease in confusion and delays to builders, developers and architects; a decrease in costs to municipalities in the development of codes; and, ultimately, a decrease in construction costs to consumers; and WHEREAS, the International Mechanical Code is a new nation-wide mechanical code and is to be a companion to the forthcoming nation-wide building code to be published in the year 2000; and WHEREAS, the Regional Codes Coordinating Committee has reviewed the International Mechanical Code - 1996 Edition and 1997 Supplement and recommends its endorsement with regional amendments. NOW, THEREFORE, BE IT HEREBY RESOLVED: SECTION 1 That the Executive Board firmly supports the current activities in promoting building code uniformity in the North Central Texas region. (10., SECTION 2 That the Executive Board endorses the International Mechanical Code - 1996 Edition and 1997 Supplement published by the International Code Council and recommends their adoption by all cities in the North Central Texas region. SECTION 3 That the Executive Board endorses the'attached regional amendments to the International Mechanical Code — 1996 Edition and 1997 Supplement and recommends their adoption by all cities in the North Central Texas region. SECTION 4 That the Executive Board encourages all cities to adopt International Mechanical — 1996 Edition, 1997 Supplement and regional amendments with an effective date of March 1, 1998. SECTION 5 That this motion shall be in effect immediately upon its adoption. Ron Harm n, Vice- resident North Central Texas Council of Governments Commissioner, Johnson County I hereby certify that this resolution was adopted by the Executive Board of the North Central Texas Council of Governments on November 20, 1997. L Ron Harris, Secretary-Treasurer North Central Texas Council of Governments County Judge, Collin County 8D-3 (me ORDINANCE NO.694 AN ORDINANCE ADOPTING THE INTERNATIONAL MECHANICAL CODE, 1996 EDITION AND THE 1997 SUPPLEMENT TO THE INTERNATIONAL MECHANICAL CODE; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article Xi, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, City Council of the City of Southlake deems it necessary to adopt this ordinance governing requirements for the installation and maintenance of heating, ventilating, cooling, and refrigeration systems (we in order tc protect the health, safety and welfare of the citizens of the City of Southlake. . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAXE, TEXAS: SECTION 1 That the International Mechanical Code, 1996 Edition, as modified by thhe 1997 Supplement to the International Mechanical Code both being published by the International Code Council, Inc. , is hereby adopted as the Mechanical Code of the City of Southlake. A true and correct copy of this Code is attached to this ordinance as Exhibit "A. " SECTION 2 . That the 1996 International Mechanical Code as modified by the 1997 Supplements to the International Mechanical Code, as adopted herein, is hereby amended as provided in Exhibit "B" incorporated herein and 8D-4 (wool attached hereto for all purposes of this ordinance. To effectuate future modifications, the City council shall enact individual ordinances amending this ordinance fully setting forth the change to be made in the code . The amendments shall be consolidated as Exhibit "B" to this ordinance. SECTION 3 The material contained in Exhibit "A" to this ordinance shall be maintained as a public record in the office of the City Secretary. These exhibits will be available for public inspection and copying during regular business hours. SECTION 4 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 5 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 (me same would have been enacted by the City council without the 2 8D-5 (me incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6 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 7 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any ordinances affecting the installation and maintenance of heating, ventilating, cooling, and refrigeration systems 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 buy may be prosecuted until final disposition by the courts . SECTION 8 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof . (re 8D-6 (re 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 ordnance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3 . 13 of the Charter of the City of Southlake. SECTION 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 FIRST READING ON THIS DAY OF , 1998. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1998. MAYOR ATTEST: (we CITY SECRETARY 4 8D-7 APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: C: \WPDOCS\ORDIANC.mec EXHIBIT "B" LOCAL AMENDMENTS TO THE 1996 INTERNATIONAL MECHANICAL CODE The following sections, paragraphs, and sentences of the International Mechanical Code, 1996 Edition, are hereby amended as follows: (hre **Section 201.3; changed to read as follows: 201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the building,electrical,fire prevention or plumbing codes, such terms shall have meanings ascribed to them as in those codes. **Section 202; the definitions of"Code Official" and "Hazardous Location"are changed and new definitions are added to read as follows: BUILDING CODE shall mean the Building Code as adopted by this jurisdiction. CODE OFFICIAL. The officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative. For the purpose of this code, the Code Official shall be the Building Official. ELECTRICAL CODE shall mean the National Electrical Code as adopted by this jurisdiction. For the purpose of this code, all references to NFPA 70 shall be assumed to mean the electrical code as defined herein. LFIRE PREVENTION CODE (FIRE CODE) shall mean the Fire Code as adopted by this jurisdiction. HAZARDOUS LOCATION. As used in this code, any location considered to be a fire hazard for 95 IMC 5 of 1 11/20/97 5 8D-8 flammable vapors, dust, combustible fibers or other highly combustible substances. The location is not Ce necessarily categorized in the building code as a high-hazard use group classification. MECHANICAL CODE shall mean this code as adopted by this jurisdiction. PLUMBING CODE shall mean the Plumbing Code as adopted by this jurisdiction. **Section 301.1; changed to read as follows: 301.1 Scope. This chapter shall govern the approval and installation of all equipment and appliances that comprise parts of the building mechanical systems regulated by this code in accordance with Section 101.2. **Section 301.6; changed to read as follows: 301.6 Conflicts. Where conflicts between this code and the conditions of listing or the manufacturer's installation instructions occur, the provisions of this code shall apply unless in the opinion of the Code Official the conditions of listing or the manufacturer's installation instructions when taken as a whole provide a higher level of protection. C.,/ **Sections 302.2, 302.3, 302.3.1 and 302.3.1.1; delete and replace with the following: 302.2 Cutting, notching and boring holes. All cutting. notching and boring of wood framing members shall be in accordance with the Building Code. **Section 304.7; changed to read as follows: . 304.7 Clearances from grade. Equipment installed at grade level shall be supported on a level concrete slab or other approved material extending above adjoining grade a minimum of 3 inches(76 mml or it shall be suspended a minimum of 6 inches (152 mm) above adjoining grade. **Section 306.3.1; changed to read as follows: 306.3.1 Electrical requirements: A lighting fixture controlled by a switch located at the required passageway opening and a receptacle outlet shall be provided at or near the equipment location in accordance with NFPA 70. Low voltage wiring of 50 Volts or less shall be installed in a manner to prevent Lohysical damage. 95 IMC 6 of 1 11/20/97 6 8D-9 **Section 306.4.1; changed to read as follows: 306.4.1 Electrical requirements: A lighting fixture controlled by a switch located at the required passageway opening and a receptacle outlet shall be provided at or near the equipment location in accordance with NFPA 70. Low voltage wiring of 50 Volts or less shall be installed in a manner to prevent physical damage. **Section 306.5; changed to read as follows: 306.5 Equipment on roofs or elevated structures. Where equipment and appliances requiring access are installed on roofs or elevated structures at a height exceeding 16 feet (4877 mm), such access shall be provided by a permanent approved means of access,rthe-extent-ef--tvitieh-shall-be-frem Permanent exterior ladders providing roof access need not extend closer than 8 feet (2438 mm) to the finish grade or floor level below and shall extend to the equipment's level service space. Such access shall . . (bulk of section to read the same). . . on roofs having a slope greater than 4 units vertical in 12 units horizontal (33-percent slope). A receptacle outlet shall be provided at or near the equipment location in accordance with the Electrical Code. Low voltage wiring of 50 Volts or less shall be installed in a manner to prevent physical damage. **Section 306.6; add a second paragraph to read as follows: A receptacle•outlet shall be provided at or near the equipment location in accordance with the Electrical Code. Low voltage wiring of 50 Volts or less shall be installed in a manner to prevent physical damage. **Section 306.6.1 added to read as follows: 306.6.1 Catwalk. On roofs having slopes greater than 4 in 12. a catwalk at least 16 inches in width with substantial cleats spaced not more than 16 inches apart shall be provided from the roof access to the working platform at the appliance. **Section 307.2.2; add a second paragraph to read as follows: Condensate waste pipes from air-cooling coils shall be sized in accordance with equipment capacity as follows: Equipment Capacity Condensate Pipe in tons of refrigeration Minimum Inside Diameter (irle Up to 20 tons 3/4 inch Over 20 to 40 tons 1 inch 96 IMC 7 of 1 11/20/97 7 8D-10 Over 40 to 90 tons 1 1/4 inch Co' Over 90 to 125 tons 1 'A inch Over 125 to 250 tons 2 inch The size of condensate waste pipes may be for one unit or a combination of units, or as recommended by the manufacturer. The capacity of waste pipes assumes a 1/8-inch-per-foot slope, with the pipe running three-quarters full. *Any section or table not reprinted herein,shall be assumed to be deleted. Chapter 4 is changed to only read as follows: CHAPTER 4 VENTILATION SECTION 401 - GENERAL 401.1 Scope. This chapter shall govern the ventilation of spaces within a building intended to be occupied. This chapter does not govern the requirements for smoke control systems. Should any conflict occur between this chapter and the Building Code, the Building Code shall take precedence. 401.2 Ventilation required. Every occupied space shall be ventilated by natural means in accordance 02 or by mechanical means in accordance with the Building Code Sc 0?. 401.3 When required. Ventilation shall be provided during the periods that the room or space is occupied. 401.4 Vestibule ventilation. Vestibule ventilation for smokeproof enclosures shall be in accordance with the building code. 401.7 Opening location. Outside air exhaust and intake openings shall be located a minimum of 10 feet (3048 mm) from lot lines or buildings on the same lot. Where openings front on a street or public way, the distance shall be measured to the centerline of the street or public way. Exception: Use Group R-3. 401.7.1 Intake openings. Mechanical and gravity outside air intake openings shall be located a minimum of 10 feet (3048 mm) from any hazardous or noxious containment, such as vents, chimneys, plumbing vents, streets, alleys, parking lots and loading docks, except as otherwise specified in this code. Where a source of contaminant is located within 10 feet(3048 mm) of an intake opening, such opening shall be located a minimum of 2 3 feet (6443 915 mm) below the contaminant source. 401.7.2 Exhaust openings. Outside exhaust openings shall be located so as not to create a nuisance. Exhaust air shall not be directed onto walkways. For Type I and II hood exhaust outlets, see Sections 506.17 and 506.18. 401.8 Outside opening protection. Air exhaust and intake openings that terminate outdoors shall be protected with corrosion-resistant screens, louvers or grilles having a minimum opening size of 1/4 inch (6.4 mm) and a maximum opening size of 1/2 inch (12.7 mm), in any dimension. Openings shall be 96 IMC 8 of 1 11/20/97 8 80-11 protected against local weather conditions. Outdoor air exhaust and intake openings located in exterior walls shall meet the provisions for exterior wall opening protectives in accordance with the building code. 401.9 Contaminant sources. Stationary local sources producing air-borne particulates,heat,odors,fumes, spray, vapors, smoke or gases in such quantities as to be irritating or injurious to health shall be provided with an exhaust system in accordance with Chapter 5 or a means of collection and removal of the contaminants. Exhaust required by this section shall discharge directly to an approved location at the exterior of the building. SECTION 403 - MECHANICAL VENTILATION 403.1 Ventilation system. Mechanical ventilation shall be provided by a method of supply air and return or exhaust air. The amount of supply air shall be approximately equal to the amount of return and exhaust air. The system shall not be prohibited from producing a negative or positive pressure. The system to convey the ventilation air shall be designed and installed in accordance with Chapter 6. Ventilation supply systems shall be designed to deliver the required rate of supply air to the zone within the occupied space between 3 inches(76 mm)and 72 inches (1829 mm) above the floor and more than 2 feet(610 mm) from the enclosing walls. 403.2.1 Recirculation of air. The amount of outside air required by the Building Code Scctio- 4 shall not be recirculated. Air in excess of the outside air that required by the Building Code Scc`io_ 03.3 shall not be prohibited from being recirculated as a component of supply air to building spaces, except that: Ventilation air shall not be recirculated from one dwelling to another or to dissimilar occupancies. (limpe Supply air to a swimming pool and associated deck areas shall not be recirculated unless such air is dehumidified to maintain the relative humidity of the area at 60 percent or less and such recirculation is in accordance with Section 401.9. Air from this area shall not be recirculated to other spaces. **Section 501; add a second paragraph to read as follows: Where differences occur between the provisions of this chapter and the building or fire codes, the provisions of the building or fire codes shall apply. **Section 502.4; changed to read as follows: 502.4 Spray-painting and dipping rooms. Rooms or booths utilized for spray painting or dipping shall have a mechanical exhaust system that complies with the fire prevention code and NFPA 33 Building Code g. The exhaust system shall have automatic controls to ensure its operation while spray painting or dipping is being conducted. **Section 502.7; changed to read as follows: 96 IMC 9 of 1 11/20/97 9 8D-12 502.7 LP-gas distribution facilities. LP-gas distribution facilities shall be ventilated in accordance with NFPA 58 the applicable provisions of the Fire Code, Building Code and this code. **Section 502.10; changed to read as follows: 502.10 Public garages. Mechanical exhaust systems for public garages, a3 required in Chapter 4, shall shall operate in accordance with Section 403.5 the Building Code. **Section 502.12; changed to read as follows: 502.12 Tire rebuilding or recapping. Each room where rubber cement is used or mixed, or where flammable or combustible solvents are applied, shall be ventilated in accordance with the applicable provisions of NITA 91 the Fire Code, Building Code and this code. **Section 502.13; changed to read as follows: 502.13 Specific rooms. Specific rooms, including bathrooms, locker rooms, smoking lounges and toilet rooms, shall be exhausted in accordance with the ventilation requirements of Chapter 4 the Building Code and this code. • **Section 504.6; changed to read as follows: 504.6 Domestic clothes dryer ducts. Ducts shall have a smooth interior finish with joints running in the direction of the airflow. The maximum length shall not exceed 25 feet(7620 mm) from the dryer location to the outlet terminal with not more than two bends. When extra bends are installed,the maximum length of the duct shall be reduced 2 'Y2 feet(762 mm) for each 45-degree (0.79 rad) bend and 5 feet (1524 mm) for each 90-degree (1.6 rad) bend that occur after the first two, measuring in the direction of airflow. The exhaust duct shall be a minimum nominal size of 4 inches (102 mm) in diameter. The size of duct shall not be reduced along it's developed length nor at the point of termination. The entire exhaust system shall be supported and secured in place. Flexible duct connectors used in connection with domestic dryer exhausts shall be metallic, not more than 6 feet(1829 mm) in length and an approved type. Flexible duct connectors shall not be concealed within construction. **Section 505.1; add an exception to read as follows: C Exception:Ducts for domestic kitchen downdraft grill-range ventilation installed under a concrete slab floor may be of approved Scheduled 40 PVC provided: 1. The under-floor trench in which the duct is installed shall be completely backfilled 95 IMC 10 of 1 11/20/97 10 80-13 with sand or gravel. thire 2. Not more than 1 inch (25.4 mm) of 6 inch diameter(152 mm) PVC coupling may protrude above the concrete floor surface. 3. PVC pipe joints shall be solvent cemented to provided an air- and grease-tight duct. 4. The duct shall terminate above grade outside the building and shall be equipped with a backdraft damper. **Section 506.12; changed to read as follows: 506.12 Duct enclosure. A grease duct serving a Type I hood that penetrates a ceiling, wall or floor shall be enclosed ...{bulk of paragraph unchanged)... through the use of weather-protected openings. The enclosure shall be separated from the duct by a minimum of 6 3 inches (152 76 mm) and a maximum of 12 inches (305 mm) and shall serve a single grease exhaust duct system. Exception: The shaft enclosure provisions of Section 506.12 shall not be required where a duct penetration is protected with a through-penetration protection system tested in accordance with ASTM E814 the Building Code having an "F" and "T" rating equal ...(remainder of section to remain unchanged)... construction or product. **Section 508.1; changed to read as follows: 508.1 Makeup air. Makeup air shall be supplied during the operation of the kitchen exhaust system. The exhaust and makeup air systems shall be connected by an electrical interlocking switch to insure that makeup air is provided whenever the exhaust system is in operation. The amount of makeup air supplied shall be approximately equal to the amount of exhaust air. The makeup air shall not reduce the effectiveness of the exhaust system. Makeup air shall be provided by gravity or mechanical means or both. Compensating hoods shall extract at least 20 percent of their required exhaust airflow from the kitchen area. Exception: This section shall not apply to dwelling units. **Section 509.1; change the exception to read as follows: Exception: Steam kettles, steam tables and equipment that as used does not create grease- laden vapors are not required to be protected by an automatic fire-extinguishing system. **Section 509.2; changed to read as follows: 509.2 Type of system. The automatic fire suppression system shall be of a type recognized for protection of commercial cooking ... (bulk of paragraph unchanged)... operations. The system shall be installed in ,,accordance with this code, its listing and the manufacturer's installation instructions. Other Attermstie fire suppression systems shall be of an approved design and shall be one of the following types s -be 96 IMC 11 Of 1 11/20/97 11 8D-14 Carbon-dioxide extinguishing system,NI'PA 12. Automatic sprinkler system. NFPA 12r. Foam-water sprinkler system or foam-water spray systems, NFPA 16. Dry-chemical extinguishing systems, NFPA 17. Wet-chemical extinguishing systems, NIPA 17A. **Section 510.1; changed to read as follows: 510.1 General. This section shall govern the design and construction of duct systems for hazardous exhaust and shall determine ... {bulk of paragraph unchanged; ... posing a health hazard, such as toxic or corrosive materials. For the purposes of this section, the health-hazard rating of materials shall be as specified in NFPA 704 or other approved standards. **Section 510.6; changed to read as follows: 510.6 Penetrations. Penetrations of structural elements by a hazardous exhaust system shall conform to Sections 510.6.1 through 510.6.4. 510.6.1 Floors. Hazardous exhaust systems that penetrate a floor/ceiling assembly shall be enclosed in a fire-resistance-rated shaft constructed in accordance with the building code. 510.6.2 Wall assemblies. Hazardous exhaust duct systems that penetrate fire-resistance-rated wall assemblies shall be enclosed in fire-resistance-rated construction from the point of penetration to the outlet terminal, except where thc interior of thc duct is equipped with an approved automatic fire Ducts shall be enclosed in accordance with the building code requirements for shaft construction and such enclosure shall have a minimum fire-resistance-rating of not less than the highest fire-resistance-rated wall assembly penetrated. 510.6.3 Fire walls. Ducts shall not penetrate a any area separation fire wall or any four hour rated occupancy separation fire wall as defined in the Building Code. 510.6.4 Fire dampers. Fire dampers are not require4 permitted at penetrations of fire-resistance-rated assemblies. An approved automatic fire suppression system shall be installed in the duct at the point of penetration of the assembly as noted in Section 510.7. **Section 510.7; changed to read as follows: 510.7 Suppression required. Ducts shall be protected with an approved automatic fire suppression system, installed in accordance with the building code, at the entrance point of the duct and at the penetration point of fire-rated-assemblies as noted in Section 510.6.4. Exception: An approved automatic fire suppression system shall not be required in ducts conveying materials, fumes, mists and vapors that are nonflammable and noncombustible. 95 IMc 12 of 1 11/20/97 12 8D-15 **Section 510.8.3; changed to read as follows: 510.8.3 Explosion relief. Systems exhausting potentially explosive mixtures shall be protected with an approved explosion relief system or by an approved explosion prevention system in accordancc with NFPA 69. An explosion relief system shall be designed to minimize the structural and mechanical damage resulting from an explosion or deflagration within the exhaust system. An explosion prevention system shall be designed to prevent an explosion or deflagration from occurring. **Section 601.1; delete the exception. **Section 603.17; changed to read as follows: 603.17 Location. Ducts shall not be installed in or within 6 4 inches (152 101 mm) of the earth, except where such ducts comply with Section 603.12. **Section 604.1; changed to read as follows: 604.1 General. Duct insulation shall conform to the requirements of Sections 604.2 through 604.11 c,,,, mnd Table No. 604.1. Should there be any conflicts between this section and the energy code, when adopted. the energy code shall take precedent. **Table No. 604.1 added to read as follows: Table 604.1 - Insulation of Ducts DUCT LOCATION INSULATION TYPES HEATING INSULATION TYPES MECHANICALLY COOLED ZONE' HEATING ONLY On roof on exterior of building C,V2 and W I A and W II B and W III C and W Attics.garages and crawl spaces A and V2 I A II A III B In walls,'within floor-ceiling spaces' A and V2 I A II A III B Within the conditioned space or in None required None required basements:return ducts in air plenums Cement slab or within ground None required None required NOTE:Where ducts are used for both heating and cooling.the minimum insulation shall be as required for the most restrictive condition. IHeating_Degree Days: Zone I below 4,500 D.D. Zone II 4.501 to 8.000 D.D. Zone III over 8,001 D.D. C-=Vapor retarders shall be installed on supply ducts in spaces vented to the outside in geographic areas where the summer dew point temperature based on the 21/2 percent column of dry-bulb and mean coincident wet-bulb temperature exceeds 60 degrees F(15.4 degrees C1. 96 IMc 13 of 1 11/2o/97 13 8D-16 -Insulation may be omitted on that portion of a duct which is located within a wall-or a floor-ceiling space where: =' Both sides of the space are exposed to conditioned air. The space is not ventilated. =The space is not used as a return plenum. LI.The space is not exposed to unconditioned air. Ceilings which form plenums need not be insulated. INSULATION TYPES': .A-- A material with an installed conductance of 0.48(2.72 W/(m*K)1 or the equivalent thermal resistance of 2.1 10.367(_m*Kl/W1. Example of materials capable of meeting the above requirements: 1-inch(25 mm),0.60 lb./cu. ft.(9.6 ke/m3)mineral fiber,rock,slag or glass blankets. !!-inch(13 mm), 1.5 to 3 lb./cu. ft.(24 to 48 kg/m3)mineral fiber blanket duct liner. 'A—inch(13 mml. 3 to 10 lb./cu.ft.(48 to 160 ke/m3)mineral fiber board. B- A material with an installed conductance of 0.24 11.36 W/(m*K)1 or the equivalent thermal resistance of 4.2 (0.735(m*K)/Wl. Example of materials capable of meeting the above requirements: 2-inch(51 mm).0.60 lb./cu. ft.(9.6 ke./m')mineral fiber,rock,slag or glass blankets. 1-inch(25 mm). 1.5 to 3 lb./cu. ft.(24 to 48 kg/m3)mineral fiber blanket duct liner. 1-inch(25 mm).3 to 10 lb./cu. ft.(48 to 160 kg/m3)mineral fiber board. C- A material with an installed conductance of 0.16 10.9 W/(m*K)1 or the equivalent thermal resistance of 6.3 11.1 (m*K)/Wl. Example of materials capable of meeting the above requirements: 3-inch(76 mm).0.60 lb./cu. ft.(9.6 kg/m3)mineral fiber,rock,slag or glass blankets. l''-inch(38 mm). 1.5 to 3 lb./cu.ft.(24 to 48 kg/m3)mineral fiber blanket duct liner. I'/-inch(38 mm).3 to 10 lb./cu.ft.(48 to 160 ke/m31 mineral fiber board. _- Vapor Retarders: Material with a perm rating not exceeding 0.5 perm(29 ng/(Pa*s*m2)1. All ioints to be sealed. W-- Approved weatherproof barrier. '--The example of materials listed under each type is not meant to limit other available thickness and density combinations with the equivalent installed conductance or resistance based on the insulation only. • **Section 604.11 is deleted. **Section 606.3; changed to read as follows: 606.3 Installation. Smoke detectors required by this section shall be installed in accordance with NFPA the manufacturer's installation instructions and as required by the code official. The required smoke detectors shall be installed to monitor the entire airflow conveyed by the system including return air and exhaust or relief air. Access shall be provided to smoke detectors for inspection and maintenance. **Section 607.2; changed to read as follows: 607.2 Smoke dampers. Smoke dampers shall be installed where required by the building code, shall be listed and labeled, shall ... (bulk of paragraph unchanged) ... or a single-station, spot-type detector installed at the point of penetration and listed for releasing service. Stytelte-eleteetien-shall-be-itt accordance with NFPA 72. Smoke dampers shall also close whenever the fan serving the duct system is shut off. C 95 IMC 14 of 1 11/20/97 14 8D-17 (0,/**Section 805.4.1; add a sentence to read as follows: The ventilating system shall be installed in a manner that will avoid penetrating any fire rated assemblies which would require a damper as required by the Building Code. **Section 909; changed to read as follows: VENTED AND UNVENTED GAS-FIRED DECORATIVE APPLIANCES 909.1 Vented Appliances General. Vented gas-fired decorative appliances shall be listed and labeled and shall be installed in accordance with the manufacturer's installation instructions. Such appliances shall be tested in accordance with ANSI Z21.50 and shall be designed and equipped as specified in Section 907.2. 909.2 Unvented Appliances. Unvented gas-fired decorative appliances shall be listed and labeled and shall be installed in accordance with the manufacturer's installation instructions. Such appliances shall • be equipped with an oxygen-depletion-sensitive safety shutoff system as described in Section 926.5. This appliance shall not be installed in a bedroom or bathroom. **Sections 920.1 and 920.2; changed to read as follows: La )20.1 General. The installation of gas-fueled and liquid-fueled stationary internal combustion engines nd gas turbines, including fuel storage and piping, shall meet the requirements of NFPA 37 this code, the Building Code and the Fire Code. • 920.2 Powered equipment. Permanently installed equipment powered by internal combustion engines and turbines shall be installed in accordance with the manufacturer's installation instructions and in accordance with NTPA 37 this code, the Building Code and the Fire Code. **Section 926.2; changed to read as follows: 926.2.1 Prohibited use. An unvented room heater shall not be used as the sole source of comfort heating in a dwelling unit. Exception: Existing approved unvented heaters may continue to be used in dwelling units. in accordance with the code provisions in effect when installed, when approved by the Code Official unless an unsafe condition is determined to exist as described in Section 108.7. 926.2.2 Unvented room heaters shall not be installed in bathrooms or bedrooms. Exceptions: 1.Where approved by the code official,one listed wall-mounted unvented room heater equipped with an oxygen depletion safety shutoff system shall be permitted to be installed in a bathroom provided that the input rating shall not exceed 6000 Btu per hour (1760 W/hr) and combustion and ventilation air is provided as specified in accordance with the manufacturer's installation instructions. 2. Where approved by the Code Official,one listed wall-mounted unvented room heater equipped 96 IMC 15 of 1 11/20/97 15 8D-18 with an oxygen depletion safety shutoff system shall be permitted to be installed in a bedroom provided la the input rating shall not exceed 10,000 Btu per hour(2930 W/hr) and combustion and ventilation air is provided in accordance with the manufacturer's installation instructions. **Section 928.1; changed to read as follows: 928.1 General. Kerosene and oil-fired stoves shall be listed and labeled and shall be installed in accordance with the conditions of the listing and the manufacturer's installation instructions. Kerosene and oil-fired stoves shall comply with NFPA 31 this code, the Fire Code and the Building Code. Oil-fired stoves shall be tested in accordance with UL 896. **Section 1204.1 and 1204.2;changed to read as follows: 1204.1 Insulation characteristics. Pipe insulation installed in buildings shall conform to the requirements of the energy code, when adopted, shall be tested in accordance with ASTM E 84 and shall have a maximum flame spread rating of 25 and a smoke-developed rating not exceeding 450. Insulation installed in an air plenum shall comply with Section 602.2.1. Exception: This section shall not apply to one- and two-dwellings. (1.01204.2 Required thickness. Hydronic piping shall be insulated to the thickness required by the energy code, when adopted. **Sections 1304.18 and 1304.18.1; changed to read as follows: 1304.18 Testing of piping. Before any system of gas piping is finally put in service, it shall be tested to ensure that it is gas tight. Where any part of the system is to be enclosed or concealed, this test shall precede the work of closing in. To test for tightness,the piping shall be filled with air or inert gas, but not with any other gas or liquid. Tesiiftg;:tftspeetiettititt4-purging-ef-gas-ripittrayttems-sital4-eetrtpir with NFPA 54. The gas piping shall stand a pressure of not less than ten (10) pounds per square inch (68.9 kPa) gauge pressure, or at the discretion of the Administrative Authority. the piping and valves may be tested at a pressure of at least six(6) inches(152 mm) of mercury, measured with a manometer or slope gauge. Test pressures shall be held for a length of time satisfactory to the Administrative Authority, but in no case for less than fifteen (15) minutes. with no perceptible drop in pressure. For welded piping. and for piping carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa). the test pressure shall not be less than sixty (60) pounds per square inch (413.4 kPa) and shall be continued for a length of time satisfactory to the Administrative Authority,but in no case for less than thirty (30) minutes. 304.18.1 Test instruments. Test pressure shall be measured with an approved instrument. All necessary apparatus for conducting tests shall be furnished by the permit holder. 96 IMC 16 of 1 11/20/97 16 8D-19 • **Section 1401.1 add a second paragraph to read as follows: Should there be any conflict between this chapter and the Plumbing Code, the Plumbing Code shall take precedence. **Section 1401.2 is changed to read as follows: 1401.2 Storage systems. Fuel oil storage and piping systems shall be installed in accordance with the requirements of this code, and the fire prevention code and NFPA 31. **Sections 1401.2.1, 1401.2.2 and 1401.2.3 are deleted. **Any section or table not reprinted herein shall be assumed to be deleted. Chapter 15 is changed to only read as follows: Co, CHAPTER 15 SECTION 1501 - GENERAL 1501.1 Scope. This chapter shall govern the construction, installation, alteration and repair of systems and equipment intended to utilize solar energy for space heating or cooling, domestic hot water heating, swimming pool heating or process heating. 1501.2 Potable water supply. Potable water systems shall be protected against contamination in accordance with the plumbing code. 1501.3 Heat exchangers. Heat exchangers used in domestic water-heating systems shall be approved for the intended use. The system shall have adequate protection to ensure that the potability of the water supply and distribution system is properly safeguarded. 1501.5 Ducts. Ducts utilized in solar heating and cooling systems shall be constructed and installed in accordance with Chapter 6 of this code. **NFPA 70-96 is changed to read as follows: 70 - 96 National Electrical Code as adopted by this jurisdiction 301.7, 602.2.1, 911.7, 1106.8, 1106.9 95 IMC 17 Of 1 11/20/97 17 8D-20 City of Southlake, Texas --_ Lre MEMORANDUM February 13, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Ordinance No. 695, 1st reading, adopting the International Plumbing Code, 1997 Edition with local amendments BACKGROUND The Building Board of Appeals has recommended City Council adopt the 1997 edition of the International Plumbing Code with local amendments. The International Plumbing Code was formerly know as the Uniform Plumbing Code and has been updated by the International Conference of Building Officials. The North Central Texas Council of Governments recommends that local municipalities adopt this code for the enforcement of plumbing standards. NCTCOG has also provided any necessary amendments. RECOMMENDATION Staff recommends Council approve Ordinance No. 695, 1" reading, adopting the International Plumbing Code, 1997 Edition with local amendments. Please place this item on the February 17, 1998 Regular City Council Agenda for City Council review and consideration. A.LALl/L-457 CRE Attachments: Memo from Paul Ward, Building Official NCTCOG Resolution Proposed Ordinance No. 695 8E-1 ` City of Southlake, Texas , I (iii„, MEMORANDUM February 6, 1998 TO: Bob Whitehead, Director Public Works FROM: Paul Ward, Building Official SUBJECT: ORDINANCE NO. 695, FIRST READING ADOPTING THE INTERNATIONAL PLUMBING CODE, 1997 EDITION WITH LOCAL AMENDMENTS The Building Board of Appeals met on December 08, 1997 to consider the 1997 International Plumbing Code. The staff explained the International Conference of Building Officials' change of recommended plumbing codes from the Uniform Plumbing Code to the new 1997 International Plumbing Code. This new code is a combined effort of the three nationally recognized code groups in the United (iiir States. The differences in the new code were discussed at length in committee meetings at the North Central Texas Council of Governments. The C. O. G. committee has recommended approval with the amendments provided in this ordinance. One major advantage of this new code is that it recognizes different design approaches to plumbing systems and therefore tends to be more permissive. Through the use of venting systems permitted there is potential for a cost savings of several hundred dollars in a typical residential installation. As in the Building Code we have deleted the Administrative chapter in favor of the present Administrative Code. Please schedule this ordinance on the February 17, 1998 City Council Meeting. PW/dc I 1:\chuck\97p1bbw.wpd (7, 8E-2 RESOLUTION IN SUPPORT OF PLUMBING CODE UNIFORMITY AND ENDORSEMENT OF THE INTERNATIONAL PLUMBING CODE - 1997 EDITION WHEREAS, the North Central Texas Council of Governments is established to assist local governments in planning for common needs, cooperating for mutual benefit, and coordinating for sound regional development; and WHEREAS, the North Central Texas Council of Governments has been active for the last thirty years in promoting construction code uniformity in the region; and WHEREAS, code uniformity has been documented to lead to a decrease in confusion and delays to builders, developers and architects; a decrease in costs to municipalities in the development of codes; and, ultimately, a decrease in construction costs to consumers; and WHEREAS, the International Plumbing Code is a new nation-wide plumbing code and is to be a companion to the forthcoming nation-wide building code to be published in the year 2000; and WHEREAS, the Regional Codes Coordinating Committee has reviewed the International Plumbing Code - 1997 Edition and recommends its endorsement with regional amendments. NOW, THEREFORE, BE IT HEREBY RESOLVED: SECTION 1 That the Executive Board firmly supports the current activities in promoting building code uniformity in the North Central Texas region. SECTION 2 That the Executive Board endorses the International Plumbing Code - 1997 Edition published by the International Code Council and recommends its adoption by all cities in the North Central Texas region. SECTION 3 That the Executive Board endorses the attached regional amendments to the International Plumbing Code — 1997 Edition and recommends their adoption by all cities in the North Central Texas region. SECTION 4 That the Executive Board encourages all cities to adopt the International Plumbing Code — 1997 Edition and regional amendments with an effective date of March 1, 1998. SECTION 5 That this motion shall be in effect immediately upon its adoption. :Fricq , ice-Press Noral Texas Council of Governments Commissioner, Johnson County I hereby certify that this resolution was adopted by the Executive Board of the North Central Texas Council of Governments on November 20, 1997. Ron Harris, Secretary-Treasurer North Central Texas Council of Governments County Judge, Collin County 8E-3 (we ORDINANCE NO. 695 AN ORDINANCE ADOPTING THE INTERNATIONAL PLUMBING CODE, 1997 EDITION; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI , Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, City Council of the City of Southlake deems it necessary to adopt this ordinance governing requirements for the (we installation and maintenance of any plumbing and gas piping systems including requirements for materials, in order to protect the health, safety and welfare of the citizens of the City of Southlake. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 That the International Plumbing Code, 1997 Edition, published by the International Code Council, Inc . , is hereby adopted as the Plumbing Code of the City of Southlake. - A true and correct copy of ce this Code is attached to this ordinance as Exhibit "A. " 8E-4 Cre SECTION 2 That the 1997 International Plumbing Code, as adopted herein, is hereby amended as provided in Exhibit "B" incorporated herein and attached hereto for all purposes of this ordinance . The City of Southlake may from time to time determine that additional local modifications to the 1997 International Plumbing Code are necessary and appropriate to meet the unique construction needs of the City of Southlake. To effectuate these modifications, the City council shall enact individual ordinances amending this ordinance fully setting forth the change to be made in the code . The amendments shall be consolidated as Exhibit "B" to this ordinance . (we SECTION 3 The material contained in Exhibit "A" to this ordinance shall be maintained as a public record in the office of the City Secretary. These exhibits will be available for public inspection and copying during regular business hours . SECTION 4 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 (we provisions of such ordinances are hereby repealed. 2 8E-5 (we SECTION 5 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 (we section. SECTION 6 • 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 7 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any (Ime 8E-6 Cy, ordinances affecting the installation and maintenance of plumbing and gas systems 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 buy may be prosecuted until final disposition by the courts . SECTION 8 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions (we of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof . 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 ordnance, 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 L 4 8E-7 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 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 FIRST READING ON THIS DAY OF , 1998. (re MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1998. MAYOR ATTEST: CITY SECRETARY (re 8E-8 APPROVED AS TO FORM AND LEGALITY: L City Attorney Date : ADOPTED: EFFECTIVE : C: \WPDOCS\ORDIANC.plb EXHIBIT "B" Amendments to the 1997 International Plumbing Code **Table of Contents, Chapter 7,Section 714;changed to read as follows: Section 714 Engineered Gemputerized Drainage Design 59 **Chapter 1, Administration; add introductory note to read as follows: Note: The administrative provisions of the Administrative Code as adopted by this jurisdiction shall take precedence over this chapter. **Section 202; the definition of"Code Official"is changed and new definitions are added to read as follows: BUILDING CODE. Building Code shall mean the Building Code as adopted by this jurisdiction. CODE OFFICIAL. The officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative. For the purpose of this code, the Code Official shall be the Building Official. LELECTRICAL CODE. Electrical Code shall mean the National Electrical Code as adopted by this jurisdiction. For the purpose of this code, all references to NFPA 70 shall be assumed to mean the 97 IPC 6 of 1 11/20/97 6 8E-9 • Electrical Code as defined herein. Le FIRE PREVENTION CODE(FIRE CODE). Fire Prevention Code shall mean the) Fire Code as adopted by this jurisdiction. MECHANICAL CODE. Mechanical Code shall mean the International Mechanical CodeTM as adopted by this jurisdiction. PLUMBING CODE. Plumbing Code shall mean this code as adopted by this jurisdiction. **Section 305.6.1; changed to read as follows: 305.6.1 Sewer depth. Building sewers shall be a minimum of 12 inches (304 mm) below grade. **Section 305.9; changed to read as follows: 305.9 Protection of components of plumbing system. Components of a plumbing system installed within 3 feet along alleyways, driveways, parking garages or other locations in a manner in which they would be exposed to damage shall be recessed into the wall or otherwise protected in an approved manner. **Section 310.4; delete. **Section 312.9; changed to read as follows: 312.9 Inspection and testing of backflow prevention assemblies. Inspections shall be made of all backflow prevention assemblies to determine whether they are operable. Reduced pressure principle backflow preventer assemblies, double check-valve assemblies, double- detector check-valve assemblies and pressure vacuum breaker assemblies shall be tested. Testing shall be done in accordance with applicable local provisions. In the absence of local provisions. the owner is responsible to ensure that testing is done in accordance with the following provisions: a. The frequency of testing shall be determined in accordance with the manufacturer's installation instructions. 97 IPC 7 Of 1 11/20/97 7 8E-10 • b. Where the manufacturer of the assembly does not specify the frequency of testing. the (hoe assembly shall be tested at least annually. c. The testing procedure shall be performed in accordance with one of the following standards: (Remainder of section unchanged) **Section 401.4; added to read as follows: 401.4 Conflict with other codes. Chapter 4 is intended to provide enforceable guidelines for the plumbing designer/installer. Should there be any conflict between this Chapter and the Building Code, the Building Code shall take precedence. **Section 403.1; changed to read as follows: 403.1 Minimum number of fixtures. Plumbing fixtures shall be provided for the type of occupancy and in the minimum number as required by Chapter 29 of the Building Code. As a recommended but not required alternate to the minimum number of plumbing fixtures see shewli-in Table 403.1 of this code or Appendix Chapter 29 of the Building Code. Ceede7-Geettpanerelastifteatireft-sitail-be-determifted-irraeeertiattee-witch-the-buildittreede7 • **Sections 403.2;403.4; 403.5;and 403.6; delete. **Section 404.3.1.2; add a second paragraph to read as follows: Flush controls shall be hand operated or automatic. Hand operated controls for flushometers shall be mounted 44 in(1120 mm) maximum above the floor on the wide side of the toilet. REASON: To meet ADA requirements. **Section 405.3.1; change to read as follows: 405.3.1 Water closets,lavatories and bidets. A water closet,lavatory or bidet shall not be set closer than 15 inches (381 mm) from its center to any side wall, partition, vanity or other obstruction, or closer than 30 inches (762 nun) center-to-center between toilets or adjacent fixtures. There shall be at least+8 24 inches (434 609 mm) clearance in front of the water closet or bidet to any wall, fixture or door. Water Licloset compartments shall not be less than 30 inches(762 mm)wide and 60 inches(1524 mm)deep. There shall be at least+8 24 inches(454 609 mm)clearance in front of a lavatory to any wall, fixture or door(see 97 IPC 8 of 1 11/20/97 8 8E-11 Figure-405.3.1). Cof **Section 405.6; delete. **Section 409.2; change to read as follows: 409.2 Water connection. The water supply to a commercial dishwashing machine shall be protected against backflow by an air gap or backflow preventer in accordance with Section 608. **Section 410.1; change to read as follows: 410.1 Approval. Drinking fountains shall conform to ASME A112.19.1, A112.19.2 or A112.19.9, and water coolers shall conform to ARI 1010. Where . ater . , ' _t, .here bottle.] _ Exception: A drinking fountain need not be provided in a drinking or dining establishment. **Section 412.4; changed to read as follows: 412.4 Required location and construction. Floor drains shall be installed in the following areas. 1. In public coin-operated laundries and in the central washing facilities of multiple family dwellings,the rooms containing the automatic clothes washers shall be provided with floor drains located to readily drain the entire floor area. Such arai_s La_ ..tlet c 2. Toilet rooms containing two (2) or more water closets or a combination of one (1) water closet and one (1 urinal. except in a dwelling unit. The floor shall slope toward the floor drains. 3. Commercial kitchens. (In lieu of floor drains in commercial kitchens.the code official may accept floor sinks.) **Section 413.4; changed to read as follows: 413.4 Water supply required. All food waste grinders shall be provided with a supply of cold water. The water supply shall be protected against backflow by an air gap or with the installation of a backflow preventer in accordance with Section 608. 97 IPC 9 of 1 11/20/97 9 8E-12 L **Section 417.5; changed to read as follows: 417.5 Shower floors or receptors. Floor surfaces shall be constructed of impervious, noncorrosive, nonabsorbent and waterproof materials. Thresholds shall be a minimum of 2 inches(51 mm)and a maximum of 9 inches(229 mm),measured from top of the drain to top of threshold or dam. Thresholds shall be of sufficient width to accommodate a minimum twenty-two (22) inch (559 mm) door. Exception: Showers designed to comply with CABO/ANSI A117.1. **Section 417.5.2; changed to read as follows: 417.5.2 Pans. Floors under shower compartments, except where prefabricated receptors have been provided, shall be lined and made water tight by the provision of suitable shower pans of approved material. Floors under pan liners shall be sloped 1/4 inch per foot to the shower drain. Such pans shall turn up on all sides at least 2 inches(51 mm)above the finished threshold level and shall extend outward over the threshold and fastened to the outside of the threshold jamb. Pans shall be securely fastened to the waste outlet at the seepage entrance, making a water-tight joint between the pan and the outlet. Exception: Floor surfaces under shower heads provided for rinsing laid directly on the ground are not required to comply with this section. **Section 417.7; added to read as follows: 417.7 Test for shower receptors. Shower receptors shall be tested for water tightness by filling with water to the level of the rough threshold. The drain shall be plugged in a manner so that both sides of pans shall be subjected to the test at the point where it is clamped to the drain. **Section 419.4; delete. **Section 501.2; changed to read as follows: 97 IPC 1.0 of 1 11/20/97 10 8E-13 • 501.2 Water heater as space heater. A watcr heater used as a part of a space heating system shall have (its, z maximum outlet water temperat re of 6n°F (71°G) The potability of the water shall be maintained throughout the system. **Section 502.5.1; added to read as follows: 502.5.1 Electrical requirements. A lighting fixture controlled by a switch located at the required passageway opening and a receptacle outlet shall be provided at or near the equipment location in accordance with the electrical code. **Section 502.6; added to read as follows: 502.6 Water heaters above ground or floor. When the attic. roof, mezzanine or platform in which a water heater is installed is more than eight(8) feet(2438 mm) above the ground or floor level, it shall be made accessible by a stairway or permanent ladder fastened to the building. Cy **Section 504.7.1; changed to read as follows: 504.7.1 Discharge. The discharge from the relief valve shall be piped full-size separately to the outside of the building with the end of the pipe not more than two (2) feet(610 mm) nor less than six (6) inches (152 mm) above the ground or the floor level of the area receiving the discharge and pointing downward: or to an indirect waste receptor located inside the building. In areas subject to freezing, the relief valve The discharge shall be installed in a manner that does not cause personal injury or property damage and that is readily observable by the building occupants. The discharge from a relief valve shall not be trapped. The diameter of the discharge piping shall not be less than the diameter of the relief valve outlet. The discharge pipe shall be installed so as to drain by gravity flow The end of the discharge pipe shall not be threaded. **Section 504.7.2; delete. (we **Section 505.1; delete. 97 IPC 11 of 1 11/20/97 11 8E-14 C **Section 506; added to read as follows: 506. Combustion air and ventilation. Combustion air and ventilation shall be provided as required in Chapter 7, Chapter 8 and Section 1002 of the Mechanical Code as adopted. **Section 604.4.1; added to read as follows: 604.4.1 State maximum flow rate. Where the State mandated maximum flow rate is more resistive than those of this section, the State flow rate shall take precedence. **Tables 605.4 and 605.5; delete "Polybutylene (PB)plastic pipe and tubing". **Section 606.1; delete items #4, 5 and 6. • **Section 606.2; items #1 and 2 changed to read as follows: On the fixture supply to each plumbing fixture_ On the water supply pipe to each sillcock when subject to freezing. **Section 607.2.1; delete. **Section 607.4; change to read as follows: 607.4 Hot water supply to fixtures. The hot water supply to any fixture mot water shall be installed on the left side of the fixture. C 97 IPC 12 of 1 11/20/97 12 8E-15 **Section 608.1; changed to read as follows: L608.1 General. A potable water supply system shall be designed, installed and maintained in such a manner so as to prevent contamination from nonpotable liquids, solids or gases being introduced into the potable water supply through cross-connections or any other piping connections to the system. Back flow preventer applications shall conform to applicable local regulations. In the absence of other local regulations. backflow preventer applications shall conform to Table 608.1. **Section 608.17; changed to read as follows: 608.17 Protection of individual water supplies. An individual water supply shall be located and constructed so as to be safeguarded against contamination in accordance with applicable local regulations. In the absence of other local regulations. installation shall be in accordance with Sections 608.17.1 through 608.17.8. **Section 702.3; changed to read as follows: 702.3 Building sewer pipe. Building sewer pipe shall conform to one of the standards listed in Table 702.2 702.3. • **Section 708.3.4; changed to read as follows: 708.3.4 Upper terminal . Each horizontal drain shall be provided with a cleanout at its upper terminal . Exception: Cleanouts may be omitted on a horizontal drain less that five (5) feet (1524 mm) in length unless such line is serving sinks or urinals. **Section 712.5; added to read as follows: 712.5 Dual Pump System. All sumps shall be automatically discharged and, when in any "public use" occupancy where the sump serves more than 10 fixture units,shall be provided with dual pumps or ejectors arranged to function independently in case of overload or mechanical failure. (For storm drainage, see (10, Section 1111.) 97 IPC 13 of 1 11/20/97 13 8E-16 (1411.? **Section 714.1; changed to read as follows: ENGINEERED DRAINAGE DESIGN 714.1 Design of drainage system. The sizing requirements for plumbing drainage systems shall he determined by approved eemptttervegrafft design methods. **Section 802.1.1; delete the exception. **Section 802.4; change to read as follows: 802.4 Standpipes. Standpipes shall be individually trapped. Standpipes shall extend a minimum of 18 inches(457 mm) and a maximum of 42 inches(1066 mm) above the trap. Access shall be provided to all standpipe traps and drains for rodding. No standpipe shall be installed below the floor. (by' **Section 904.1; changed to read as follows: 904.1 Roof extension. All open vent pipes that extend through a roof shall be terminated at least six (6) inches(152 mm)above the roof, except that where a roof is to be used for any purpose other than weather protection, the vent extensions shall be run at least 7 feet (2134 mm) above the roof **Section 904.5; changed to read as follows: 904.5 Location of vent terminal. An open vent terminal from a drainage system shall not be located directly beneath any door, openable window, or other air intake opening of the building or of an adjacent building,and any such vent terminal shall not be within 10 feet(3048 mm)horizontally of such an opening. unless it is at least 2 3 feet (649 915 mm) above the top of such opening. **Section 912.1; changed to read as follows: (imoi,912.1 Type of fixture. A combination drain and vent system shall not serve fixtures other than floor drains, standpipes, or indirect waste receptors. 97 IPC 14 of 1 97 14 8E-17 • (ipe• **Section 912.2; changed to read as follows: 912.2 Installation. The only vertical pipe of a combination drain and vent system shall be the connection between the fixture drain of a si ery or standpipe, and the horizontal combination drain and vent pipe. The maximum vertical distance shall be 8 feet(2438 mm). **Section 1002.10; delete. **Section 1106.1; changed to read as follows: 1106.1 General. The size of the vertical conductors and leader, building storm drains, building storm sewers,and any horizontal branches of such drains or sewers shall be based on five(5) inches per hour the 16 rainfall rate local __ '.._tLcr ,.1..t,_ C **Section 1201.2; changed to read as follows: 1201.2 Fuel Piping Systems. All fuel piping systems shall be sized, installed, tested and placed in operation in accordance with the requirements of the Mechanical Code Codc{", Chapter 13, Fuel Gas Piping ;er For reference only, an unamended version of Chapter 13 of the International Mechanical CodeTM is reprinted as Appendix G of this code. **Chapter 13; deleted. END C 97 IPC 15 of 1 11/20/97 15 8E-18 City of Southlake, Texas _ MEMORANDUM February 13, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Ordinance No. 692, 15` Reading, adopting the Uniform Housing Code, 1997 Edition with local amendments BACKGROUND The Building Board of Appeals has recommended Council adopt the 1997 edition of the Uniform Housing Code with local amendments. The Uniform Housing Code is published by the International Conference of Building Officials. The local amendments provide by the City Attorney refer to several sections of the code. Section 2 of the ordinance provides reference to Substandard and Dangerous Building Ordinance to define public nuisances and repeals Section 203 and Chapters 11 through 16 of the code. Section 203, Housing Advisory and Board of Appeals, describes an appellate body for this code, appeals concerning this code will be heard by the BBOA. Chapters 11 through 16 are repetitive items that are covered in the Uniform Building Code. This code, as well as the codes presented in the following agenda items, is based on recommendations and resolutions from the North Central Texas Council of Government. NCTCOG is pursuing uniformity among the different building codes region-wide. This provides consistency for builders working in the different municipalities. RECOMMENDATION Staff recommends Council approve Ordinance No. 692, 1" reading, adopting the Uniform Housing Code, 1997 Edition and local amendments. Please place this item on the February 17, 1998 Regular City Council Agenda for City Council review and consideration. CRE Attachments: Memo from Paul Ward, Building Official Proposed Ordinance No. 692 8F-i City of Southlake,Texas MEMORANDUM February 9, 1998 TO: Bob Whitehead, Director Public Works FROM: Paul Ward, Building Official SUBJECT: ORDINANCE NO. 692, FIRST READING ADOPTING THE UNIFORM HOUSING CODE, 1997 EDITION WITH LOCAL AMENDMENTS An ordinance adopting the 1997 Edition of the Uniform Housing Code with Local Amendments has been established by City attorneys and staff. The Building Board of Appeals met On January 12, 1998, to consider the new code and has recommended approval for adoption with Local Amendments. The purpose of this new code is to provide minimum standards for regulation and controlling the use and maintenance of all residential buildings and structures within the City. Provisions of this code apply to all buildings designed or intended to be used for human habitation. Local Amendments to the code substitutes our own procedures for abatement of substandard structures by the Building Official, and by the Building Board of Appeals, as adopted by the City. Please schedule this ordinance on the February 17, 1998, City Council meeting. PW/dc L 1:\chuck\1 st692pw 8F-2 (re ORDINANCE NO. AN ORDINANCE ADOPTING THE 1997 VERSION OF THE UNIFORM HOUSING CODE FOR THE CITY OF SOUTHLAKE,TEXAS; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERaBILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE WHEREAS,the City of Southlake,Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the city council of the City of Southlake deems it necessary to adopt this ordinance to provide minimum standards to safeguard life or limb, health, property and public (ttioe welfare by regulating and controlling the use and occupancy, location and maintenance of all residential buildings and structures within the city. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. UNIFORM HOUSING CODE ADOPTED That the Uniform Housing Code, 1997 Edition, published by the International Conference of Building Officials is hereby adopted as the Housing Code of the City of Southlake, and shall be known, cited and referred to as Housing Code of the City of Southlake. A true and correct copy of this code is attached to this ordinance as Exhibit "A", and incorporated herein for all purposes. SECTION 2. LOCAL AMENDMENTS The 1997 Edition of the Uniform Housing Code is amended in the following respects: (a) Section 202 is amended to read as follows: H:'.LIBRARY Southlake ORD[NANC HOUSING CODE 1997.wpd(02-11-98) 8F-3 Pagel • L, Section 202. Buildings or portions thereof, which are determined to be substandard as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Southlake's Substandard and Dangerous Building Ordinance. (b) Section 203 is repealed. (c) The following definitions in Section 401 are revised to read as follows: BUILDING CODE is the Building Code as adopted and amended by the City of Southlake. MECHANICAL CODE is the Mechanical Code as adopted and amended by the City of Southlake. PLUMBING CODE is the Plumbing Code as adopted and amended by the City of Southlake. (d) Chapters 11 through 16 are repealed. SECTION 3. L, This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas,except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4. 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. C 8F-4 H:\L[BR.ARY'SouthlakeORD[`ANC HOUSING CODE 1997.upd(02-11-98) Paget SECTION 5. Any person, firm or corporation who violates,disobeys,omits,neglects or refuses to comply with or who resists the enforcement o f any o f the provisions of this ordinance shall be fined not more than Five Hundred Dollars(S500.00)for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any ordinances affecting housing 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. Cie SECTION 7. 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 8. 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. (we 8F-5 H:`LIB RARY\Southlake\ORDINANC'.HOC.SING CODE 1997.wpd(02-11-98) Page 3 • (1Ibre PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1998. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1998. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: • APPROVED AS TO FORM AND LEGALITY: City Attorney C 8F-6 H:'.LIBRARY'Southlake ORDINANC`HOCSIXG CODE I997.wpd(02-11-98) Page 4 City of Southtake, Texas MEMORANDUM - i February 13, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Ordinance No. 697, 1' Reading, establishing regulations applicable to Substandard and Dangerous Buildings, repealing Ordinance No. 615 BACKGROUND The proposed Ordinance No. 697 is to replace Ordinance No. 615. The new ordinance contains significant changes in order to comply fully with the Chapter 214 requirements of the Local Government Code. The attached memorandum from Paul Ward, Building Official, outlines the revisions provided in the new ordinance. RECOMMENDATION (ripe Staff recommends Council approve Ordinance No. 697, 1" reading, Substandard and Dangerous Building Ordinance. Please place this item on the February 17, 1998 Regular City Council Agenda for City Council review and consideration. CRE Attachments: Memo from Paul Ward, Building Official Proposed Ordinance No. 697 8G-1 City of Southiake,Texas MEMORANDUM February 9, 1998 TO: Bob Whitehead, Director Public Works FROM: Paul Ward, Building Official SUBJECT: ORDINANCE NO. 697, FIRST READING ADOPTING THE SUBSTANDARD AND DANGEROUS BUILDING ORDINANCE A revised ordinance has been established for the abatement of substandard and dangerous buildings to replace Ordinance 615. These revisions have been made to fully comply with Chapter 214 requirements of the Local Government Codes. The new Substandard Building Ordinance contains significant revisions which include the following: 1. Adding the Housing Code, Fire Code, Plumbing Code, Mechanical Code, and Building Code as adopted by the City in Section II. Le2. Revising Section IV to clearly declare substandard buildings to be nuisances, and to clarify that some criteria will aways result in a determination that a building is substandard while others require a fording that the criteria exists to the extent that life, health, or safety is impacted. 3. Revising Section VI (3) to add 1997 legislation dictating what "best efforts" to identify an owner must entail. 4. Amending Section XI (4) regarding priority liens. 5. Amending Section XIII to provide for a civil penalty in certain circumstances. 6. Adding Section XIV to clearly establish that our authority to demolish dangerous structures in not limited by this ordinance. Please schedule this ordinance on the February 17, 1998 City Council Meeting. PW/dc L 1:\chuck\1st697pw 8G-2 ORDINANCE NO. AN ORDINANCE ESTABLISHING REGULATIONS APPLICABLE TO SUBSTANDARD AND DANGEROUS BUILDINGS; PROVIDING FOR THE REPAIR, DEMOLITION, REMOVAL, SECURING, AND VACATION OF DANGEROUS AND SUBSTANDARD BUILDINGS; PROVIDING FOR A CIVIL PENALTY; PROVIDING THAT THIS ORDINANCE SHALL NOT LIMIT THE AUTHORITY OF THE CITY; 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 is a home rule city acting under its Charter adopted by the electorate pursuant to Article XI,Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS,the City of Southlake has previously adopted Ordinance No.615 establishing Le standards for substandard buildings; and WHEREAS, the city council have desires to update, revise and clarify the standards and regulations that apply to substandard buildings in conformance with legislative amendments, and to provide for civil penalty as permitted by law; and WHEREAS, the City Council of the City of Southlake deems it necessary to adopt this ordinance providing minimum standards to safeguard the health,property and welfare of the citizens of Southlake by regulating and controlling the use, occupancy, maintenance, repair, vacation, removal, demolition, and abatement of substandard or dangerous buildings within the City of Southlake; and WHEREAS, Chapter 214 of the Local Government Code authorizes a municipality to regulate substandard buildings and establishes procedures thereof; and C H:LIB RAM'.Southlake ORD[NANC.DANGER.tn7.wpd(02-I 1-98) Page I 8G-3 R • t WHEREAS, it is the intention of the City Council of the City of Southlake to establish minimum standards for the continued use and occupancy of all buildings regardless of the date of their construction and to provide for the giving of proper notice to the owner of a building and to provide for a public hearing to determine whether a building complies with the standards set out in this ordinance. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION I. PURPOSE, SCOPE AND TITLE (1) Purpose. It is the purpose of this Ordinance to provide a just,equitable and practical method, to be cumulative with and in addition to any other remedy provided by the Building Code, Chapter 214 of the Local Government Code, or otherwise available at law, whereby buildings, as defined herein, which from any cause endanger the life, limb, health, morals, property, safety or ce welfare of the general public or their occupants and may be required to be repaired, vacated, demolished, removed or secured. (2) Scope. The provisions of this Ordinance shall apply to all buildings which are hereinafter defined as dangerous or substandard buildings whether now in existence or whether they may hereafter become dangerous or substandard. (3) Title. This Ordinance shall be known as the Substandard and Dangerous Building Ordinance and may be cited and referred to as such. SECTION II. DEFINITIONS (1) Building means and includes any building,fence,awning,canopy,sign,shed,garage, house, tent or other structure whatsoever and the enumeration of specific types of structures shall not be deemed to exclude other types of structures to which the sense and meaning of the provisions hereof in context reasonably have application. (2) Building Code is the Building Code, as adopted and amended by the City of Southlake. (3) Fire Code is the Fire Code, as adopted and amended by the City of Southlake. C H:`.LIBRARY',Southlake ORDINANC'.DANGER.fn?.µpd(02-I I-98) Page 2 8G-4 (4) Plumbing Code is the Plumbing Code, as adopted and amended by the City of Southlake. (5) Mechanical Code is the Mechanical Code, as adopted and amended by the City of Southlake. (6) Electric Code is the Electrical Code, as adopted and amended by the City of Southlake. (7) Housing Code is the Housing Code, as adopted by the City of Southlake. (8) Building Board of Appeals (sometimes referred to as "the Board") is the Board created by Ordinance No. 622, as amended. SECTION III. ENFORCEMENT (1) General. (a) Administration. The building official is hereby authorized to enforce the provisions of this Ordinance. The building official shall have the power to render (lbse interpretations of this Ordinance and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this Ordinance. (b) Inspections. The building official and the fire marshal or their designees are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this Ordinance. (c) Right of Entry. When it is necessary to make an inspection to enforce the provisions of this Ordinance,or when the building official or his designee has a reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this Ordinance which makes the building or premises unsafe, dangerous, or hazardous, the building official or his designee may enter the building or premises at reasonable times to inspect or perform the duties imposed by this Ordinance, provided that if such building or premises be occupied that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the building official or his designee shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused,the building official shall have recourse to the remedies provided by law to secure entry. (2) Abatement of Dangerous or Substandard Buildings. All buildings or portions ce thereof which are determined after inspection by the building official to be dangerous or substandard as defined by this Ordinance are hereby declared to be public nuisances and shall be abated by repair, H:LIBRARY Southlake ORDINA`C\DA`GER.fn7.wpd(02-11-9s) Page 3 8G-5 a • vacation, demolition, removal or securing in accordance with the procedures specified in this Ordinance. (3) Unlawful to Violate Ordinance. It shall be unlawful for any person, firm or corporation to erect, construct, or use, occupy or maintain any building. that is deemed herein to be a nuisance or cause or permit the same to be done in violation of this Ordinance. (4) Inspection Authorized. All buildings within the scope of this Ordinance and all construction or work for which a permit is required shall be subject to inspection by the building official. SECTION IV. SUBSTANDARD BUILDINGS DECLARED A. For the purposes of this Ordinance, any building, regardless of the date of its construction,which has any or all of the conditions or defects hereinafter described shall be deemed to be a substandard building, and a nuisance: (1) Any building that is dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety and welfare. (2) Any building that,regardless of its structural condition,is unoccupied by its owners, lessees or other invitees and is unsecured from unauthorized entry to the extent that it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children. (3) Any building that is boarded up, fenced or otherwise secured in any manner if: (a) The building constitutes a danger to the public even though secured from entry; or (b) The means used to secure the building are inadequate to prevent unauthorized entry or use of the building in the manner described by Section IV(2) above. (4) Whenever any building,because of obsolescence,dilapidated condition,deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard. (5) Whenever any building is in such a condition as to make a public nuisance known to the common law or in equity jurisprudence. (6) Whenever any portion of a building remains on a site after the demolition or L destruction of the building. H:\LIBRARY Southlake ORDINANC'DANGER.fn7.wpd(02-I 1-98) Page 4 8G-6 • (7) Whenever any building is abandoned so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. (8) Any building constructed and still existing in violation of any provision of the Building Code, Fire Code. Plumbing Code, Mechanical Code, Electrical Code or Housing Code of the City of Southlake to the extent that the life, health or safety of the public or any occupant is endangered. B. For the purposes of this ordinance, any building, regardless of the date of its construction,which has any or all of the conditions or defects hereinafter described to an extent that endangers the life, limb, health, property, safety or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building, and a nuisance: (1) Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic. (2) Whenever the walking surface of any aisle,passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic. (3) Whenever the stress in any materials,or members or portion thereof, due to all dead and live loads, is more than one and one half times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location. (4) Whenever any portion thereof has been damaged by fire, earthquake,wind flood or by any other cause,to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location. (5) Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. (6) Whenever any portion of a building,or any member,appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings. (7) Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction. (8) Whenever the building, or any portion thereof, because of (a) dilapidation, deterioration or decay; (b) faulty construction; (c) the removal, movement or instability of any H:\,LIBRARN"Southlake ORDINANC DANGER.fn7.wpd(02-11-98) Pate 5 8G-7 portion of the ground necessary for the purpose of supporting such building; (d) the deterioration, decay or inadequacy of its foundation; or (e) any other cause, is likely to partially or completely collapse. (9) Whenever, for any reason, the building, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. (10) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base. (11) Whenever the building, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 or more percent damage or deterioration of its non-supporting members, enclosing or outside walls or coverings. (12) Whenever the building has been so damaged by fire,wind,earthquake,flood or other causes, or has become so dilapidated or deteriorated as to become (a) an attractive nuisance to children; or, (b) a harbor for vagrants, criminals or immoral persons. (13) Whenever any building has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building provided by the building regulations of this jurisdiction, as specified in the Building Code,or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings. (14) Whenever any building which, whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member or portion less than 50 percent,or in any supporting part,member or portion less than 66 percent of the(a)strength,(b)fire- resisting qualities or characteristics, or(c)weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location. (15) Whenever a building, used or intended to be used for dwelling purposes,because of inadequate maintenance,dilapidation,decay,damage,faulty construction or arrangement,inadequate light, air or sanitation facilities,or otherwise,is determined by the building official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease for reasons including, but not limited to, the following: (a) Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling, unit or lodging house. (b) Lack of,or improper water closets,lavatories and bathtubs or showers per number of guests in a hotel. (c) Lack of, or improper kitchen sink in a dwelling unit. (hipe H:\LIBRARY'.Southlake ORDINANC DANGER.fn7.wpd(02-11-98) Page 6 8G-8 (d) Lack of hot and cold running water to plumbing fixtures in a hotel. (e) Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house. (f) Lack of adequate heating facilities. (g) Lack of, or improper operation of, required ventilating equipment. (h) Lack of minimum amounts of natural light and ventilation required by this code. (i) Room and space dimensions less than required by this code the building code. (j) Lack of required electrical lighting. (k) Dampness of habitable rooms. (I) Infestation of insects, vermin or rodents. (we (m) General dilapidation or improper maintenance. (n) Lack of connection to required sewage disposal system. (o) Lack of adequate garbage and rubbish storage and removal facilities. SECTION V. DETERMINATION BY BUILDING OFFICIAL When the building official has inspected or caused to be inspected any building and has found and determined that the building is substandard, the building official may take any or all of the following actions, as he or she deems appropriate: (1) Issue notice to the record owner that the building is substandard and must be repaired or demolished; or (2) Issue citation(s) for violation(s) of this Ordinance; or (3) Secure the building if permitted by Subsection XII(1) below; or (4) Recommend to the Board that abatement proceedings be commenced pursuant to Section VI below. C H:\LIBRARY\Southlakt ORDNA.`C`DANGER.fn7.wpd(02-11-93) Page 8G-9 • SECTION VI. PUBLIC HEARING FOR ABATEMENT OF SUBSTANDARD BUILDINGS (1) Commencement of Proceedings. When the building official has found and determined that a building is a substandard building, the building official shall commence proceedings to cause the repair, vacation, relocation of occupants, removal, demolition or securing of the building. (2) Public Hearing to be Held. Except when the City Council finds that a building is likely to immediately endanger persons or property, a public hearing before the Board shall be held to determine whether a building complies with the standards set out in Section IV above. If the City Council determines that the building constitutes an immediate danger, the procedures set forth in Section XII shall be followed. (3) Notice. Not less than ten(10) days prior to the date on which the hearing is set, the building official shall issue a notice of the public hearing directed to the record owner of the building and to all mortgagees and lienholders. The city shall use diligent efforts to determine the identity and address of any owner, lienholder or mortgagee of the building through search the county real property records of the county in which the building is located; appraisal district records of the appraisal district in which the building is located, records of the Secretary of State; assumed name records of the county in which the building is located; tax records of the city; and utility records of the city. Th notice shall contain: (a) The name and address of the record owner; (b) The street address or legal description sufficient for identification of the premises upon which the building is located; (c) A statement that the building official has found the building to be substandard or dangerous, with a brief and concise description of the conditions found to render the building, dangerous or substandard under the provisions of Section IV above. (d) A statement that the owner,lienholder,or mortgagee will be required to submit at the hearing proof of the scope of any work that may be required to comply with the Ordinance,and the time it will take to reasonably perform the work. (e) Notice of the time and place of the public hearing. (f) A statement that if the building is found to be in violation of this Ordinance, the Board may order that the building be vacated, secured, repaired, removed or demolished within a reasonable time. C H.LIBRARY Southlak&ORDINANC\DA`GER.tn7.wpd(02-11-98) Page 3 8G-10 • (4) Additional Notice of Public Hearing. Prior to the public hearing,the City may file a copy of the notice mailed pursuant to Section (3) above in the official public records of real property in the county in which the property is located. If such notice is not filed of record. each identified mortgagee and lienholder must be notified of any abatement order issued by the Board at the public hearing, prior to any remedial action by the City. (5) Burden of Proof. At the public hearing,the owner, lienholder or mortgagee has the burden of proof to demonstrate the scope of any work that may be required to comply with the Ordinance, and the time it will take to reasonably perform the work. (6) Conduct of Public Hearing. At the public hearing, the owner of the building, and all other interested persons may make their appearance and be heard. Any evidence may be received and considered by the Board. The chairman of the Board, or in his absence, any officer designated by rules adopted by the Board to preside at meetings,shall preside and shall determine all questions of order. The hearing may be adjourned from day to day or continued upon a majority vote of the Board. SECTION VII. ORDER OF BUILDING BOARD OF APPEALS (1) Findings of the Board. If the Board, by a majority vote, finds upon evidence presented at the public hearing that the building is in violation of standards set out in Section IV,the Board may order that the building be repaired, vacated, removed or demolished, secured, or the occupants relocated, by the owner, mortgagee or lienholder within a reasonable time as provided herein. (2) Time Allowed to Complete Work. (a) The order must require the owner, lienholder or mortgagee of the building to within 30 days: (i) Secure the building from unauthorized entry; and/or (ii) Repair, remove or demolish the building unless the owner or lienholder establishes at the hearing that the work cannot reasonably be performed within 30 days. (b) If the Board allows the owner, lienholder or mortgagee more than thirty(30)days to repair, remove or demolish the building,the Board shall establish specific time schedules for the commencement and performance of the work and shall require the owner, lienholder or mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed, as determined by the Board. C H:`UBRARYSouthlake ORDI`A`CDANGER.fn7.wpd(02-11-98) Page 9 8G-11 (c) The Board may not allow the owner, lienholder or mortgagee more than ninety(90) days to repair. remove or demolish the building or fully perform all work required to comply with the order unless the owner lienholder or mortgagee: (i) Submits a detailed plan and time schedule for the work at the hearing; and (ii) Establishes at the hearing that the work cannot be reasonably completed within ninety(90)days because of the scope and complexity of the work. • (d) If the Board allows the owner, lienholder or mortgagee more than ninety (90) days to complete any part of the work required to repair, remove or demolish the building,the Board shall require the owner,lienholder cr mortgagee to regularly submit progress reports to the building official to demonstrate that the owner,lienholder or mortgagee has complied with the time schedules established for commencement and performance of the work. The order may require that the owner, lienholder or mortgagee appear before the Board or the building official to demonstrate compliance with the time schedules. (3) Contents of order. The order of the Board must contain at minimum: Ce (a) An identification which is not required to be a legal description,of the building and the property on which it is located; and (b) A description of the violation of minimum standards present in the building; and (c) A description of the ordered actions, including a statement that the owner may repair, if feasible, or demolish or remove at his option; and (d) A statement that the City will vacate,secure,remove or demolish the building or relocate the occupants of the building if the ordered action is not taken within the time allowed, and charge the cost to the property; and (e) If the Board has determined that the building will endanger persons or property and that the building is a dwelling with 10 or fewer dwelling units, a statement that the city may repair the building and charge the costs to the property if the ordered action is not taken within the time allowed. C H:'LIBRARY'SouthlakeORDINANCDANGER.fn7.wpd(02-II-98) Page 10 8G-12 SECTION VIII. NOTICE OF ORDER OF BUILDING BOARD OF APPEALS (1) Order Shall be Mailed. After the public hearing.the building official shall promptly mail, by certified mail, return receipt requested, a copy of the order to the record owner of the building, and each identified lienholder and mortgagee of the building. (2) Order Shall be Filed with City Secretary. Within ten (10) days after the date that the order is issued by the Board,the building official shall file a copy of the order in the office of the City Secretary. (3) Order Shall be Published. Within ten (10) days after the date the order is issued by the Board,the building official shall publish in a newspaper of general circulation within the City a notice containing: (a) The street address or legal description of the property; and (b) The date the hearing was held; and (c) A brief statement indicating the results of the order; and (d) Instructions stating where a complete copy of the order may be (irie obtained. SECTION IX. ENFORCEMENT OF THE ORDER OF BUILDING BOARD OF APPEALS (1) If order not complied with, City may take action. If the building is not vacated, secured, repaired, removed or demolished within the time specified by the order, the City may vacate,secure,repair,remove or demolish the building or relocate the occupants at its own expense, provided however: (a) The City may not act to remove or demolish a building until after the Board has found: (i) That such defects or conditions exist to the extent that the life,health, property or safety of the public or the occupants of the building are endangered; and (ii) The building is infeasible of repair; or (iii) There is no reasonable probability that the building will be repaired within a reasonable period of time if additional time is given. C H:`LIBRARY Southlake ORDINANODA`GER.tn7.wpd(02-11-98) Page 11 8G-13 • (b) The city may only repair a building as provided herein to the extent necessary to correct the conditions which render the building dangerous, and may not act to repair a building unless: (i) The Board has made a determination that the building is likely to endanger person or property; and (ii) The building is a residential dwelling with ten(10)or fewer dwelling units. (2) Posting of Notice to Vacate Building. If the order requires vacation or if compliance is not had with the order within the time specified therein, the building official is authorized to require that the building be vacated. Notice to vacate shall be mailed by certified mail,return receipt requested to the occupant of the building and it shall be posted at or upon each entrance to the building and shall be in substantially the following form: "SUBSTANDARD BUILDING DO NOT ENTER UNSAFE TO OCCUPY (11re" It is a misdemeanor to occupy this building or to remove or deface this notice. Building Official City of Southlake" (3) Remedial Action by City. Any repair or demolition work, or securing of the building shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided. Any surplus realized from the sale of such building,or from the demolition thereof,over and above the cost of demolition and cleaning of the lot, shall be paid over to the person or persons lawfully entitled thereto. (4) Failure to Obey Order. Any person to whom an order pursuant to Section VII is directed who fails, neglects or refuses to comply with such order shall be guilty of a misdemeanor and may be prosecuted in municipal court in addition to any other remedies available to the City provided herein. (5) Interference Prohibited. No person shall obstruct, impede or interfere with any officer,employee, contractor or authorized representative of the City or with any person who owns or holds any estate or interest in the building which has been ordered repaired,vacated,demolished, (8.0, removed or secured under the provisions of this Ordinance; or with any person to whom such \LIBRARY'Southlake 0RDIN.a.NC\DA.NGER.fn7.wpd(02-11-98) Page 12 8G-14 • C building has been lawfully sold pursuant to the provisions of this Ordinance,whenever such officer, employee,contractor or authorized representative of the City, person having an interest or estate in such building, or purchaser is engaged in the work of repairing, vacating and repairing, or demolishing, removing or securing any such building pursuant to the provision of this Ordinance, or in performing.any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this Ordinance. (6) Permit Required. Any work of closure, repair, removal or demolition by the property owner or any lienholder or mortgagee or their agents must be performed pursuant to valid unexpired permits issued by the City. All permits issued pursuant to an order of the Board shall expire upon expiration of the time for compliance set forth in the order. SECTION X. PERFORMANCE OF WORK BY THE CITY (1) Procedure. When any work of repair, removal, demolition or securing is to be performed by the City pursuant to the provisions of any order of the City Council or the Board,the work may be accomplished by City personnel or by private contract as may be deemed necessary. Rubble and debris shall be removed from any premises and the lot cleaned if removal or demolition is ordered. The building or building materials may be sold if removal or demolition is ordered,and the proceeds shall be used to offset other costs of the work. Cie (2) Costs. The cost of such work shall be paid from City funds and shall constitute a special assessment and a lien against such property to secure payment thereof, together with ten percent (10%) interest on such amount from the date on which the work is performed. (3) Repair to Minimum Standards Only. The City may repair the building at its own expense and assess the expenses on the land on which the building stands or is attached to only to the extent necessary to bring the building into compliance with minimum standards. SECTION XI. RECOVERY OF COST OF SECURING, REPAIR, REMOVAL OR DEMOLITION (1) Itemized Account and Notice of Lien. The building official shall keep an itemized account of the expenses incurred by the City in the securing, repair, removal or demolition of any building pursuant to this Ordinance. Upon completion of the work, the Building Official shall prepare and file with the City Secretary a sworn account and Notice of Lien containing the following information: (a) The name and address of the owner if that information can be determined with a reasonable effort; (b) A legal description of the real property on which the building is or (10" was located; H:`,LIBRARY'Southlake ORDINANC\\DANGER.fn7.wpd(02-11-98) Paze 13 8G-15 (c) The type of work performed; and (d) The amount of expenses incurred by the city in performing the work and the balance due. (2) Notice Filed in County Records. The City Secretary shall file the Notice of Lien along with a copy of the order of abatement issued by the Board in the deed records of the county in which the premises are located. (3) Personal Obligation of Property Owner. The expenses incurred by the City as set forth in the sworn account of the building official shall be a personal obligation of the property owner in addition to a priority lien upon the property. The City Attorney may bring an action in any court of proper jurisdiction against the owner or property to recover the costs incurred by the City. (4) Lien Shall be Valid and Privileged. Upon filing of the Notice of Lien in the Deed Records of Tarrant or Denton County,Texas,the lien shall be valid against the property so assessed. The lien shall be privileged and subordinate only to tax liens and shall be paramount to all other liens. The lien shall continue until the assessment and all interest due and payable thereon has been paid. (5) Assessment Must be Paid. No utility service, building permit or certificate of occupancy shall be allowed on any such property until the assessment is paid and such lien is Ce released by the City. (6) Release of Lien. After the expenses incurred by the City, as set forth in the sworn account of the building official, have been fully paid with interest of ten percent (10%) per annum from the date the work was performed,the building official shall execute a release of lien which shall be filed in the Deed Records of Tarrant or Denton County, Texas. SECTION XII. ADDITIONAL AUTHORITY TO SECURE CERTAIN SUBSTANDARD BUILDINGS PRIOR TO PUBLIC HEARING AND SECURE, DEMOLISH, REPAIR OR REMOVE CERTAIN DANGEROUS BUILDINGS (1) Securing of Unoccupied, Substandard Building. Notwithstanding any other provisions of this Ordinance the City may secure a building if the building official determines: (a) That the building violates the minimum standards set forth in Section IV above; and (b) That the building is unoccupied or is occupied only by persons who do not have the right of possession to the building. C H:\LIBRARYSouthlake'ORDINA`C'OANGER.1n7.wpd(02-11-98) Pate 13 8G-16 (2) If Building Creates Immediate Danger. Notwithstanding any other provisions of this Ordinance, if the City Council finds that a building. is likely to immediately endanger persons or property the City Council may: (a) Order the owner of the building., the owner's agent, or the owner or occupant of the property on which the structure is located to repair, remove, or demolish the structure,or the dangerous part of the structure,within a specified time; or (b) Repair,remove,or demolish the structure,or the dangerous part of the structure, at the expense of the municipality, on behalf of the owner of the structure or the owner of the property on which the structure is located, and assess the repair, removal,or demolition expenses on the property on which the structure was located. (3) Before the eleventh (11th) day after the date the building is secured pursuant to Subsection XII(1)above,or action is ordered pursuant to Subsection XII(2)(a)above,or the building is repaired, removed or demolished pursuant to Subsection XII(2)(b) above, the building official shall give notice to the owner by: (a) Personally serving the owner with written notice; or (b) Depositing the notice in the United States mail addressed to the owner (se at the owner's post office address; or (c) Publishing the notice at least twice within a ten (10) day period in a newspaper of general circulation in the county in which the building is located, if personal service cannot be obtained and the owner's post office address is unknown; or (d) Posting the notice on or near the front door of the building if personal service cannot be obtained and the owner's post office address is unknown; and (e) In addition to the above, depositing notice in the United States mail to all lienholders and mortgagees who can be determined from a reasonable search of instruments on file in the office of the County Clerk. (4) The notice must contain: (a) An identification, which is not required to be a legal description, of the building and the property on which it is located; (b) A description of the violation of the minimum standards present in the building; H:`LIBRARY Southiak:ORDINANC DANGER.tn7 wpd(02-11-98) Page 15 8G-17 • (c) A statement that the city will secure or has secured, as the case may be, the building,or that the City has taken or will take the action ordered pursuant to Subsection XII(2) above; (d) An explanation of the owner's entitlement to request a hearing about any matter relating to the City's securing,removing, demolishing or repairing of the building. (5) The City Council shall conduct a hearing at which the owner may testify or present witnesses or written information about any matter relating to the City's securing,repairing,removing or demolishing of the building, if, within thirty (30) days after the date the City has taken action pursuant to Subsections XII(1) or(2) above, the owner files with the City a written request for the hearing. The hearing shall be conducted within twenty(20) days after the date the request is filed. (6) If the City incurs expenses under this Subsection, such expenses incurred shall be a personal obligation of the property owner in addition to a priority lien upon the property, and costs shall be recovered as provided by Section X of this Section. (7) It shall be unlawful to fail to comply with an order issued pursuant to this Section. SECTION XIII. CIVIL PENALTY (limpe (1) Civil Penalty Authorized. In addition to any other enforcement authority provided for by law, the Board may, by order, at an administrative hearing assess a civil penalty against a property owner as provided for herein for failure to comply with an order issued by the Board pursuant to Section VII of this ordinance. (2) Showing Required. The civil penalty may be assessed if it shown at the administrative hearing that: (a) the property owner was notified of the contents of the order issued pursuant to Section VII of this ordinance; and (b) the property owner committed an act in violation of the order or failed to take an action necessary for compliance with the order. (3) Amount of Penalty. The civil penalty may be assessed in an amount not to exceed S 1000.00 a day for each violation or, if the owner shows that the property is the owner's lawful homestead, in an amount not to exceed S 10.00 a day for each violation. (4) Notice of Administrative Hearing. Not less than ten(10)days prior to the date on which the administrative hearing is set, the property owner shall be sent a notice of the hearing by certified mail/return receipt requested. The notice shall contain: H:'LIBRARY,Southlake ORDINANC',DANGER.fn7.wpd(02-11-98) Page 16 8G-18 C9 (a) a copy of the order issued by the Board to Section VII of this ordinance; (b) a statement that the building official has determined that the property owner committed an act in violation of that order,or failed to take an action necessary for compliance with that order; (c) a statement that at the administrative hearing the Board may assess a civil penalty not to exceed S 1000.00 a day for each violation or, if the owner shows that the property is the owners' lawful homestead, in an amount not to exceed S10.00 a day for each violation; and (d) notice of the time and place of the hearing. (5) Copy of Order Filed with District Clerk. After the civil penalty is assessed, the city secretary shall file with the district clerk of the county in which the property is located, a certified copy of the order assessing the civil penalty stating the amount and duration of the penalty. (6) Enforcement. The civil penalty may be enforced by the city in a suit brought by the City in a court of competent jurisdiction for a final judgment in accordance with the assessed penalty. A civil penalty under this subsection is final and binding and constitutes prima facie evidence of the penalty in any suit. SECTION XIV. (ire AUTHORITY NOT LIMITED Notwithstanding all other provisions of this Article, nothing herein shall be deemed a limitation on the duty of the City to summarily order the demolition of any building or structure where it is apparent that the immediate demolition of such building or structure is necessary to the protection of life, property or general welfare of the people in the city. SECTION XV. 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. Specifically, Ordinance No. 615 is repealed. SECTION XVI. 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, (hape H:IIBRARY'Southlake ORDINANC.DANGER.fn7.wpd(02-1 1-98) Page 1' 8G-19 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 XVII. 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(S2,000.00) for each offense. Each day that a violation is permitted to • exist shall constitute a separate offense. SECTION XVIII. Ce All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 560 and Ordinance No. 615 or any other ordinances affecting the abatement of dangerous or substandard buildings which have accnied 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 XIX. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public,and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. C H.•LIBRARY\Southlake ORD[NANC DANGER.fn7.wpd(02-11-98) Page IS 8G-20 C' SECTION XX. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION XXI. 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. (hr." PASSED AND APPROVED ON THIS_DAY OF , 1998. MAYOR ATTEST: CITY SECRETARY EFFECTIVE DATE: APPROVED AS TO FORM AND LEGALITY: City Attorney C H:`LIBRARY Southlake`ORDINANC`DA`GER.tn7.wpd(02-11-98) Page 19 8G-21 p City of Southlake, Texas MEMORANDUM February 13, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Ordinance No. 622-A, 1' Reading, amending Ordinance No. 622, providing changes to the Building Board of Appeals BACKGROUND In August 1994, Ordinance No. 622 was approved by Council establishing the Building Board of Appeals. The BBOA was established to hear and decide appeals relative to the Building Code, Plumbing Code, Mechanical Code, National Electric Code, Administrative Code, and the Substandard Building Ordinance as adopted by the City. This City Council agenda contains an item proposing the adoption of the 1997 Uniform Housing Code. If adopted, the code requires any appeals to be heard by the BBOA. This proposed amendment to Ordinance 622 provides the BBOA with the responsibility to hear and decide the appeals of "orders, decisions, and determinations" related to the Housing Code made by the Chief Building Official. RECOMMENDATION Staff recommends Council approve Ordinance 622-A, amending Ordinance No. 622 to include the Uniform Housing Code as related to the Building Board of Appeals. Please place this item on the February 17, 1998 Regular City Council Agenda for City Council review and consideration. ALL-1-4/4,:-- CRE Attachments: Memo from Paul Ward, Building Official Proposed Ordinance 622-A 8H-1 City of South lake, Texas MEMORANDUM February 12, 1998 TO: Bob Whitehead, Director of Public Works FROM: Paul Ward, Building Official SUBJECT: ORDINANCE 622 - A, FIRST READING AMENDING ORDINANCE NO. 622, DUTY TO HEAR APPEALS FROM THE UNIFORM HOUSING CODE. An ordinance has been prepared to amend the ordinance creating the Board of appeals, No. 622, to include the authority to hear appeals form the Uniform Housing Code. This authority has been added to the current duties of the Building Board of Appeals to hear and decide appeals relative to the Building Code, Plumbing Code, Mechanical Code, National Electrical Code, Administrative Code and the Substandard Building Ordinance as adopted by the City. Please schedule this ordinance on the February 17, 1998 City Council meeting. PW/dc i .. (1111.' 1:\chuck\1 st622APW 8H-2 (Ibre- ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 622,WHICH CREATED THE BUILDING BOARD OF APPEALS, BY ADDING A DUTY TO HEAR APPEALS FROM THE UNIFORM HOUSING CODE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM;PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Southlake,Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council has previously adopted Ordinance No. 622 creating the Building Board of Appeals, and now deems it advisable to direct the board to additionally hear ce appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of the technical provisions of the Southlake Housing Code. 1- NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. Section 5 "Duties and Powers" of Ordinance No. 622 is hereby amended by revising subsection(a)(2) to read as follows: "(2) hear and decide appeals of orders, decisions or determination made by the building official relative to the application and interpretation of the technical provisions of the following codes adopted by the City of Southlake: (A) the Building Code; (B) the Plumbing Code; (hre (C) the Mechanical Code; H:'LIBRARY Southlake\ORDINANC\bldgbrd appeals.amd.wpd(02-1I-98) Page I 8H-3 (D) the Electrical Code; (E) the Administrative Code; and (F) the Housing Code." SECTION 2. Section 5, "Duties and Powers" of Ordinance No. 622 is hereby amended by revising subsection (a)(3) to read as follows: "(3) enforce the provisions of the Substandard and Dangerous Building Ordinance, and carry out the functions established by the ordinance to abate substandard buildings." SECTION 3. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas,except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4. 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. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public,and the operative provisions of H:\LIBRARY\Southlake ORDINANC\bldg brd appeals.amd.wpd(02-11-98) Page 2 8H-4 i ,,. this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 6. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1998. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1998. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney H:\LIBRARY'Southlake ORDINANC\bldg brd appeals.amd.wpd(02-11-98) Page 3 8H-5 City of Southlake,Texas MEMORANDUM February 13, 1998 TO: Curtis E. Hawk, City Manager FROM: Darcey Imm, Assistant City Manager SUBJECT: Resolution No. 98-11, Authorizing the City Manager to pursue discussions pertaining to Southlake's participation in the Greater Grapevine Regional Library System. Background The City of Grapevine has allowed residents of Southlake to use the Grapevine Public Library since the City of Southlake's incorporation in 1956. Historically this service has presented no problems to the Grapevine Library due to the relatively small population of Southlake. This arrangement has worked well for both Southlake and Grapevine: Southlake has received the benefit of the library service; Grapevine has received the benefit of Southlake volunteers who have assisted the Grapevine library staff, and Southlake citizens have considered Grapevine as a destination place to spend sales tax dollars. It has been another example of the two closely- knit communities working together. Attempts to Establish Southlake Library As Southlake began experiencing explosive growth in the early 1990s, there were those in Southlake who began exploring the possibility of a separate Southlake public library, not because of any dissatisfaction with the Grapevine Public Library, but rather in recognition of the civic pride that comes with a community library. The first (1989-90) Leadership Southlake class, sponsored jointly by the Southlake Chamber of Commerce and the City of Southlake, had as its advocacy project a Southlake Library Project. The action plan set out in the Southlake Library Project included establishing a non-profit organization called Friends of the Southlake Library, and developing an interlocal agreement between Southlake and Grapevine to establish an "official" relationship between the two cities for library services until such time that Southlake could build a separate facility. A "Friends of the Southlake Library" was created, and in addition to doing research on the subject of the creation of library, FOSL began raising funds to go toward a library. City staff initiated discussion with the City of Grapevine about a proposed agreement for interlocal cooperation with Southlake and Grapevine to provide library service. As a result of the Leadership Southlake advocacy report, the City Council, in October 1990, Lirs, appointed a library committee to develop a proposal for an interlocal agreement between Southlake and Grapevine, and to make a recommendation on a Southlake library facility. In April, 1990, the City had received a proposal from the City of Grapevine in which Grapevine proposed to provide library service to the tri-city Grapevine, Colleyville, and Southlake area. This proposal was turned over to the Southlake Library Committee and the Friends of the Curtis E. Hawk, City Manager Resolution No. 98-11, Library Lii.„ Page 2 Southlake Library for review and comment. The Library Committee (working with FOSL) completed its work and submitted a recommendation to City Council in May, 1991. Among its recommendations were: • negotiation of an interlocal agreement with Grapevine, along the lines set out in the proposal submitted by Grapevine • continue using the Grapevine Public Library until Southlake can build its own, with the plan of being a full participant in a regional library system of independent city libraries, sharing resources. At the same time, FOSL made a request that the City begin establishing a collection of books to prepare for the time when our own library would be established. To do this,.FOSL worked through the Grapevine Public Library staff and City of Southlake staff to create the interlocal agreement between the two cities whereby the City of Southlake would annually fund a purchase of books by the City of Grapevine, to be held in the Grapevine Public Library collection for use by the patrons of the Grapevine Library, but which would someday be used to start a Southlake Public Library collection. This contract was executed by the two cities in May, 1991. cr, Tri-City LibraryFacilit y In January, 1996, the Cities of Colleyville, Grapevine, and Southlake agreed to jointly fund a consultant's report to consider the possibility of a tri-city library facility. This study effort was the result of a series of discussions between the city managers of the three communities, discussions initiated due to the following: • the Grapevine Public Library is at capacity and in need of immediate expansion by the City of Grapevine • the City of Colleyville has funds available for the construction of a Colleyville Public Library • the report of the 1991 Southlake Library Committee identified 1997/1998 as the timeframe to provide full library services and facility for the citizens of Southlake. In July, 1996, the Southlake City Council appointed another Library Committee to make a recommendation on the feasibility of a tri-city library facility. The 1996 committee included several members from the 1991 committee. (406..., The consultant presented a report on a tri-city library to the city managers, and it was presented to the Southlake Library Committee, in August 1996. The Library Committee met with the consultant, and each of the City Managers during the course of its work. In February, 1997, the Library Committee made a recommendation to the City Council that Southlake build a "stand-alone" facility rather than a tri-city. • Curtis E. Hawk, City Manager Resolution No. 98-11, Library (...„ Page 3 Following the recommendation of the Southlake Library Committee to the City Council, the issue of the tri-city library was set aside as a request of other overriding issues in each of the three communities. By late 1997, however, the issue of library services again was prominent in discussions with the three city staffs. As a courtesy to the other two cities, and in the effort to assure that no significant factors were overlooked, the Southlake City Manager's office continued to research the library issue. Last City Council meeting, February 3, an overview of the City Manager's recommendation was presented to City Council in work session. Discussion The research and discussion during the last twenty four months concerning the tri-city library was a worthwhile endeavor. The merits of a tri-city library are significant: the benefit of scale, having the possibility of cost savings in construction, operation, and maintenance. The merits of separate library facilities also have merit. The consultant's report on the tri-city library (pg. 36) speaks to the issue of the public library as a service organization, identifying the library as a special place that complements all other institutions in the community. The Loy City of Grapevine is (rightfully so) very proud of its library. The Grapevine public library dates back to 1923 when it was organized as a part of the Tarrant County Library. For 17 years the Grapevine Library operated as a branch of the Fort Worth Public Library. It has been a "stand-alone" library ever since. But it has much more to offer than just a 75 year history. The same factors that make the Grapevine Public Library a special place to the people of Grapevine are at play in Southlake. Every report or study conducted by Southlake, from the 1989 report by Leadership Southlake, to the report of the 1991 Southlake Library Committee, to the report of the 1996 Southlake Library Committee, has focused on the desire to have our own special place. Service level standards, even the entire focus of library services, can differ from city-to-city and from year-to-year. Library services have different priorities in various communities. Libraries take on the "sense" of the community. Place becomes important. In the ideal setting, those in Southlake who want their own "place" are no different than those in Grapevine who want the same. The independent Southlake library would ensure the level of service desired by our residents (within their ability and willingness to pay), ensure more influence on the method by which the library if operated, and contribute to the sense of community and civic pride in Southlake. These are all factors which have been discussed. Recommendation In an attempt to provide the economies of scale offered by a tri-city library facility, and to provide for our own special place, one needs to only look again at the original 1990 proposal submitted to Southlake by the Grapevine Public Library. (Copy attached.) Southlake should continue to view itself as a member of the Grapevine Library System, but rather than look at building a new tri-city library facility, refocus on the tri-city library service. Southlake should Curtis E. Hawk, City Manager Resolution No. 98-11, Library Page 4 recognize that the Grapevine Library is the key component in the tri-city library system, and take steps to assure the financial integrity of the system by contributing a fair-share operating cost at this time, and to continue to support the tri-city system following the eventual building of our own facility. (Although the 1990 proposal missed in its "Possible Time Line." the concept is still viable.) The attached City of Southlake Resolution No. 98-11 would authorize the City Manager to work with the City Managers of Colleyville and Grapevine to develop an interlocal agreement for the development of a three-city library system which would allow Southlake to eventually build its own separate library facility. It would be our assumption that this would probably result in expansion of the current Grapevine Library facility, not the construction of a new facility elsewhere; however, the latter possibility would not be ruled out. It is anticipated that our cost for participation in a three-city system will greatly increase our annual contribution to Grapevine, which has heretofore been based only on the existing interlocal agreement in which we pay for the purchase of books. DI/kb L A. City of Southlake,Texas L' RESOLUTION NO. 98-11 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE AUTHORIZING THE CITY MANAGER TO ENTER LNTO DISCUSSIONS WITH THE CITIES OF GRAPEVINE AND COLLEYVILLE TO DEVELOP AN INTERLOCAL AGREEMENT DESCRIBING SAID CITIES' PARTICIPATION IN A TRI-CITY LIBRARY SYSTEM. WHEREAS, the City of Southlake believes library services are an important city amenity': and WHEREAS, the City currently supports the City of Grapevine Library through the contribution of funds towards the purchase of books; and WHEREAS, in return for said contribution, the citizens of Southlake have been afforded the opportunity to be members of the Grapevine Library; and WHEREAS, the City Council recognizes the benefit of a joint three-city library system in which resources can be shared and programs can be maximized; and WHEREAS, the City Council understands the sense of community and civic pride is enhanced by the ownership of an independent library; now therefore, ihtiE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That all matters stated in the preamble are true and correct and incorporated herein as if copied in their entirety. Section 2. That the City Manager be directed to work with the City Managers of Grapevine and Colleyville to develop an interlocal agreement describing said cities' participation in a tri-city library system. Section 3. That the agreement describing the City of Southlake's participation in the tri-city library system provide for an equitable, fair-share cost participation by Southlake to Grapevine until such time that Southlake can build its own facility. PASSED AND ADOPTED, this the day of , 1998. Mayor Rick Stacy City of Southlake,Texas Resolution No. 98-11 Page 2 ATTEST: City Secretary APPROVED AS TO FORM: City Attorney _411- (0,, R ir it i 1 Air A Future With A Past icilir:110::11; GRAPEVINE { April 12, 1990 Iii:6, Mr. Curtis Hawk, City Manager 1 ' 6Igo I City of Southlake ____:: 667 North Carroll Ave. Southlake, Tx 76092 +r *F Dear. Mr. Hawk, I have enclosed a proposal for interlocal cooperation with Southlake, Colleyville and Grapevine to provide library service for the tri-city area. This proposal offers the cities of Colleyville and Southlake the opportunity to provide quality library service by gradually building a collection of books and materials which will be a basic collection when facilities are available in each community. In the future this cooperative approach helps the tax payers in all three cities have access to information that may be Le more expensive than one library could justify or afford. After you have had an opportunity to review the proposal I would be delighted to have you visit the Grapevine Library for a tour of the facility and to discuss the proposal. I look forward to meeting you. I can be contacted at 481-0341 to set up an appointment. Thank you for the interest you have shown in reviewing the Interlocal Library Cooperation Proposal. Sincerely, G�• 64.,,,,,7"..) Janis Roberson Library Director JR:tsv Enclosure .--,, cc:Mark S. Watson, City Manager ci . .„. THE CITY OF GRAPEVINE- GRAPEVINE PUBLIC LIBRARY 120I S. Main St. • Grapevine. Texas 76051 • Phone Metro 817/481-0336 0 Irhol Proposal for Interlocal Cooperation Agreement for Service with Cities of Colleyville & Southlake As the populations increase in the communities of Grapevine, Southlake, and Colleyville, there will be an increasing demand for a variety of services to area residents. As each city government deals with the issues of growth and change, at least one area of service offers an early and excellent opportunity for both cooperation and efficiency: resource sharing of library services among these three cities. In the not too distant future, it is apparent that residents in Colleyville and Southlake will express a need for their own public libraries. In fact, some people in Colleyville are considering plans for such a facility, including the acquisition of land and preliminary plans for obtaining a collection of books. As such plans are considered, there is an opportunity to have each of the three cities develop a cooperative approacfi C to providing library services, so that not only will the needs of residents be met but those needs can be fulfilled with both efficiencies in cost and time. Instead of the more traditional approach, of having each city acquire and maintain identical collections of reference books and other expensive resources, it would be possible for the cities to consult with each other before "starting from scratch, " and to share such resources on an equal basis. One library, for example, might have a certain specialized collection, such as on the subject of geneology or Texas history. Residents of the three cities could have equal access to such materials, housed at one of the libraries, rather than each facility having an identical and redundant collection. As it took Rome to be built in more than a day, opening the doors for a new library necessitates the acquisition of a certain number and variety of books and related materials. The Board of Directors of the Grapevine Public Library has. considered and approved the concept of having a working relationship with both Colleyville and Southlake, to help in the phased acquisition of a library collection, so that by the time facilities are ready to open there will be books on the shelves and the new libraries will be fully functional. The concept is uncomplicated: cities wishing to develop 4:150/ libraries would begin to purchase books at the same time they develop plans for library buildings. Such books would be L (10, housed for an interim period at the Grapevine Public Library, and be available to residents of all three cities on a first come, first served basis. At the point when libraries are opened in another city (Colleyville and Southlake) , the books paid for by the respective cities would be placed on the shelves in the new libraries. Two points should be made: first, the demand exists today for more library materials for residents of the Grapevine-Colleyville-Southlake area. In the short term, this demand can be met by,purchasing additional resources, to be housed first at Grapevine, then at the new libraries as they are built. As this process would take place over a certain period of time, a collection for each of these cities can be built more gradually than if a collection has to be selected and purchased all at one time. Another point should be considered as well: in such a cooperative effort, the libraries could maintain this shared approach, and consult with each other before specialized and expensive resources are obtained by all of the libraries. If patrons of each of the cities have easy access to each of the libraries, then it is both more efficient and cost- effective,--in our geographically accessable area,--to house such resources in one of the libraries instead of two or three. The net effect would be to have more funds available 4:100, for other resources, rather than to have three "identical collections" within a few miles of each other. As our society copes with increasing amounts of information, the goal of a quality library system should be to provide the most accurate and complete information as promptly as possible to each of its patrons. This is indeed the Information Age, and today's patrons require rapid access to the material they need to expand their knowledge and to do their jobs. Libraries are more than repositories of books and magazines, of static reference materials. Libraries are now enhanced by computers and telecommunications, providing more sophisticated assistance to both readers and researchers alike. The Board and Staff of the Grapevine Public Library would like to work with Southlake and Colleyville to share resources in the months and years ahead. As a first step, to help in the phased acquisition of library collections as these cities develop their own facilities. Then to continue the process of cooperation, so that each library, though unique and independent, would cooperate fully with the others to avoid expensive and unnecessary duplication of resources and to ensure that all patrons have rapid and accurate access to the wealth of information and knowledge that is so essential to an educated and informed public. IL, ._, 2 I. Col There are many advantages for cooperation among the three cities: 1. Grapevine has an established library with a professional staff, automated on-line catalog and circulation system. 2. Establish the foundation for future sharing of resources as libraries are built in each city. 3. Establish a tri-city library system beginning with interlocal commitment to begin developing a basic collection of books and materials to eventually be housed in each city's building when opened. Immediate benefit to Colleyville and Southlake would be unlimited access to over 48,000 books, 5, 000 media items, reference materials, and periodicals (current and back issues) . 4. Re-write policy so access to the Grapevine collection would be more readily available for Colleyville and Southlake residents (use of a local reference) . (ftio" 5. The three cities are geographically alined for being able to serve the 3 cities with the majority of citizens having a facility within 2 1/2 miles as proposed by Texas State Library standards. The community profile, educational and socio-economic levels, of each City is very similar. Advantages after each city has its own facility: 1. Funds would be saved by joint purchasing of materials and preparing the materials for the shelf in one central location. 2. Centralized overdues using automated circulation system. 3. Colleyville and Southlake would have access to circulation and on-line-catalog by only purchasing terminals, wands and communication lines. (Grapevine has an IBM main frame which would support all three cities and the program can be modified to serve all three cities as a system. ) 4. Cooperative purchasing of expensive reference materials would provide more information for funds invested. ir 5. Fax machines for immediate access to some reference materials and periodicals without duplication. 3 , . C. 6. Courier service for daily deliveries between the facilities. 7. Each city facility could have special collections, services, programs or areas to meet the specific needs in the community. 8. Three Library Boards with representation from all three cities coming together quarterly for discussion and sharing of ideas. C IL, • irhip, Possible Time Line 1ST YEAR A. Cities contribute funds by interlocal cooperative agreement to Grapevine to begin developing a basic collection for each city (3,000-4, 000 titles) . B. Provide free access to existing collection in Grapevine. C. Revise policy requirement for getting a library card in Grapevine. D. Avoid individuals paying non-resident fee. 2ND YEAR A. Continue building basic collection for each city (3, 000-4, 000 titles) . B. Survey communities for building and service needs. (00, C. If community is ready, begin writing building program after survey evaluated. *Could open store front facility here but probably better to continue purchasing collection rather than spend funds on rent, staff, furniture, etc. 3RD YEAR A. Continue building basic collection for each city (4,000-5,000 titles) . B. Design and begin construction for facility. C. Write specifications for and order furniture. D. Connect computer to terminals through communication lines. E. Recruit volunteers from area city to help get collection ready. F. Hire staff and train at Grapevine facility just prior to opening new facility. C 5 i 4:0/ 4TH YEAR A. Open facility with 10,000 to 12,000 titles (or more depending on level of support to building basic collection) . B. Continue building basic collection. C. Expand Volunteer Program to new facility. D. Continue centralized purchasing to keep duplicate staffing cost down. E. Fax machines in place to access periodicals backlist. (Back to 1978 on microfiche) F. Courier service to facilitate resource exchanges between cities. 5TH YEAR A. Begin collection development of 4,000 new titles each year. B. Develop new areas of service or expand current (Pi services. C. Evaluate system needs and use for areas to be refined. *Each city may establish its own pace within the time line. *Every 3 years review facility needs of all buildings-carpet, paint, space, etc. it 6 City of Southlake,Texas MEMORANDUM February 13, 1998 TO: Mayor Rick Stacy and Councilmembers FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 98-12, Appointment to the Planning and Zoning Commission to fill an unexpired term. Mayor Rick Stacy asked that this item be placed on the City Council agenda for consideration in order for the Planning and Zoning Commission to have the appropriate number of members on the commission. Debra Edmondson resigned her position when she filed a treasurer designation indicating she will be a candidate for City Council in the May 2, 1998 General Election. Attached is a copy of Debra's resignation letter. Attached are the applications that I have on file from last year's appointments. Most of the individuals have been interviewed by Council. I have not at this time contacted the applicants Lwith regard to their continued interest in serving on the Planning and Zoning. If there are applicants you would like me to contact, please call me on Monday and I will do so, o r you may wish to contact applicants with specific questions. If you have questions, or wish to discuss this appointment, please give me a call. /sl •.. q�- 1 • DEBRA S. EDMONDSON O E 1306 PLANTATION DR. Lite SOUTHLAKE, TX 76092 (817)488-3144 F83 - 6 1998 11 OFFICE OF CITY ki SECRETARY February 06, 1998 Mayor Rick Stacy/ Southlake City Council City of Southlake Southlake, TX 76092 Dear Mayor Stacy and Council, It is with regret that I must submit my resignation from the Southlake Planning and Zoning Commission. This resignation is to take effect upon receipt of this letter by the City. I look forward to working in another capacity for Southlake in the future. (11ar Sincerely, //:41- Debra Edmondson City of Southlake,Texas RESOLUTION NO. 98-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A MEMBER TO THE PLANNING AND ZONING COMMISSION TO FILL AN UNEXPIRED TERM; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Home Rule Charter of the City of Southlake, Texas, was approved by the voters in a duly called Charter election held on April 4, 1997; and, WHEREAS, in the Home Rule Charter, Chapter XI concerns Planning and Zoning; and Section 11.03 allows for appointments for two (2) year terms on the commission; and, WHEREAS, currently an unexpired term exists, with the resignation of Debra Edmondson with a term to expire in May, 1998; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All of the findings in the preamble are found to be true and correct and the City Council hereby incorporated said findings into the body of this resolution as if copied in their entirety. Section 2. The City Council appoints , to the Planning and Zoning Commission to fill the unexpired term of Debra Edmondson, which will expire in May, 1998. Section 3. This resolution shall become effective after its passage and adoption by the City Council. PASSED AND APPROVED THIS THE 17TH DAY OF FEBRUARY, 1998. CITY OF SOUTHLAKE, TEXAS BY: Mayor Rick Stacy ATTEST: Sandra L. LeGrand City Secretary M:\W P-FILES\RESOLUTI\RES-98-1.RES\sl l.SWtsuvI APR. City of Southlake ' z 1997 -' ENT APPLICATION FOR APPOF E E? ' T '`;.)ithlca APPLICATION FOR APPOINTMENT TO: ��/4 ��..-1-q /ai%(i&p ((, ;cf;f,v _ * (name of board, commission or committee) *Use a separate application for each appointment desired Name: 6e a'pc A. Di Zile Address: /0i d/ A.die L1)01 CA. Home Phone: 1/7- 44f/- 7'4'9 Years in City: /6 Employer: F.- S-1 Phone: F//-¢Ft- , Current and/or previous board, commission, or committee experience in the City of Southlake: /l1Dye 6 ilv _ E le ctl av j 11.0-e .7y/11' Th Of P6 C/,ic/1 CAi/YU/Nov Ceeei.``i�,) iU . r Bea Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the ose, goals, and duties of same: 42., , /-, tie-- Qualifications and experience that would assist you in serving in this position: Gizrina — ha ti d/ r 5..I cl_ec-ho,./ 1244 --.7' A C/Zae-il A.tilia 4:140e•fee•ei OCli',ve,e 7 ©#...4.41 .pr , ,elv Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board?1 /es I, Additional informati6,4,..,on or comments: '`.t4 74, 71e4 o1/ / ff77 4 AZ,,,g iee / 107,44 .01 401-1.,e/ ...,v,i,„„./.4 ,/.4„4( ",...,4, ,,... 41 2‘. i t./lee,- eli-iger .4...-e- ze/r..aruff . Pl return this completed form to the City Secretary's Office, 1725 E. Southlake Boulevard. Each application kept on file for one (1) year. After that time it will be necessary to reapply and update the information he if you wish o continue . .- conside d for appointment. Signature: ` Date: 2 �!/�, Re -//- D:\WP-FILES\CrrYSEC\FORMS\APOINIMN.FR,M 11 APR 3 0 1997 City of Southlake li �_ _ APPLICATION FOR API' ! '► 11 El 'F- _ ► 1 Duthkak- APPLICATION FOR APPOINTMENT TO: (411/ti//✓6 ?l 20/1//n'6 * (name of board, commission or committee) *Use a separate application for each appointment desired Name: 1/4 //L / '1 -! ti, ' .),q Address: /c{o4.-. SC'eN'(_ Dr. SC_ 7"-X. 76d ) -3-- Home Phone: (g/7 ) £?9' 335 `f Years in City: a- Employer: 77 r /NS())*7r./a_- Phone: 97.2 (3/- SO Z-(3 Current and/or previous board, commission, or committee experience in the City of Southlake: /'/0/''-- (trim 'asons for desiring to serve on this board, commission, or committee, and your opinion as to the ose, goals, and duties of same: o. A-2/, /ti y= p/CmA)//' 6 2 iy?oo,-� ; 62 c5'_/.. 'i.: / 'n,:-=. 7a9- 7„•Ly"' //4o 6,2n ,- j%^-)i _ - 'ram_ iC24 lie,-6- 6,)i . 6 '3,,diLT J G eAy ' . .-) ;1•y`•.';7 /'L 's!:, J:.7 ./_1,e �'!th'1oic?-x. —%lv' P T Ice,c_ / f'Z .. -z-s! I ffr,, ;� f l•: ' 42 17,�,1 /.cn ,1 1."c'L7 :'C'i!.1 ,t 1-2. '7 t2Z1iaf:e li :l-/ (#..zikL1ir�Ciu ^"L /["/V: , C 1 v Qualifications and experience that would assist you in serving in this position: e'Xia2{ig�rc ;� ��c 4 ,!� lT �.. �'� a, f rc' t• /,`: J GCS Gyi2e,C'tic.e, ti Q/t�v J �� !ylN,�i'rr,�t d.,?ru�G4�-C— /tif..— �'U y eI G c,.b`✓ /N C !� ..4;C'�, 4?`. • grii,G4wP,LZ C rCw_t�, -/- fL�r.^.4 tom.. ,f,T., l r-,/7O.tjr� aHc'� /I.i;/irio'LG" ,P71l - "it.,224-1.,76Jr i G' ; c. Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? tr.,/ Additional information or continents: --4 A�« 7 Icy e 7/>1 2 >yu7 t_r,Is �_G v,1? r-r Z :1.^-? pp L%"// (1,-+J 7_2, /11 =✓ cf l.b..:u.e _%4 1iGr' h'" j "'q in- c UJ' // Ge- GT;c,(-7- lk<1'.SSe'�(.c..Yi& o 0!.i)(L o, -�i,:� C-.: r''I/i7,se_ i'L'L1r'--S /ut! 4,VOr4 JO,''%• Lu^ J.t4'Cc.i-,_:- c',-•— t-e;t ...i Z i' T I__ li, �AC• -%,.Nf t vJyiicsi return this completed form to the City Secretary's Office, 1725 E. Southlake Boulevard. Each application e kept on file for one(1) year. After that time it will be necessary to reapply and update the information herein if you wish tocontinue to be considered for appointment. Signature:j'� /i� 1 - h $ _ l � Date: �"JO ,7 /J, ,j D:\WP-FILES\CITYSEC\FORMS\APOINrMN.FRM MI21ft 7 1 @ E. kt 1-_IMF 6117 City of Southlake -i APPLICATION FOR APP "� - Duthlcalt- - APPLICATION FOR APPOINTMENT TO: PC4iw4' t-4O(I'/� 0 ,,„„, p (name of board, commission or committee) *Use a separate application for each appointment desired Name: - i r7EJ E- $ L 64(P& Address: 13 cf i • too rr i o LcE it c. • L ctO 7(a C FL, Home Phone: 4-1 - 5 , f 0 Years in City: Employer: Can' et.,wintaxii vtn 645, frt. . Phone: LIZ( --S S?y Current and/or previous board, commission, or committee experience in the City of Southlake: cepsons for desiring to serve on this board, commission, or committee, and your opinion as to the ose, goals, and duties of same: �(,(1--ft 0 ce- IS 'Tz 0. t-N/[ �•i.d #�rtv�411).c •fatJ,LG(e, (,ti l Cal 7b bt1 ,ii ce- `- Lk di,up aF AU Cif 118* OF 7irl Cf f. ` =u g z t ld -40 "7)8 A- Coa,19 :TM o J ue/ i-&tM/Z,t 6tr d t vb 'nJe-teki ti (4 A7)nfil 7 t ak ei rn4( /ir1 . Qualifications and experience that would assist you in serving in this position: E�f 1. i:/.P// it 4uIcf ( -y ) ooriikei,e, pRee--,.racrir, .Mirky tts-z Dtieto'r einrAMIAle .lit f (49 6p pet/, stael To6e797`tcK Oil 46076 itycr j,sy/t'f- Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? qt-5-3 Additional information or comments: ç1Lc14L Ju return this completed f to the City Secretary's Office, 1725 E. Southlake Boulevard. Each application kept on file for on (1) ear. After that time it will be necessary to reapply and update the information herein if you ' to ont. ue o be considered for appointment. t ��Signature: i Date: �!2 f t 4 D:\WP-FILES\CITYSECIFORMS\APOINIMN.FRM cow' JAMES E.GLOVER 1355 North Peytonville Avenue Southlake,Texas 76092 Phone: (817)488-6590 OBJECTIVE Senior marketing management in the consumer goods industry leading to general management using strengths of leadership,innovation,problem solving,presentation and follow through to grow a business in volume and market share in keeping with short-and long-range plans. QUALIFIED BY 25 years of sales, sales management and marketing management experience including: * Start-up Operations * Turnaround Situations * Strategic Planning * Marketing Research&Testing * P&L Responsibility * International Sales&Marketing * Sales Management * Advertising&Promotion * New Product Development * Re-launch Mature Product PROFESSIONAL EXPERIENCE COLLECTOR'S EDGE, L.P. 1996-Present Denver, Colorado[privately-held specialty trading card company] Executive Vice President, Marketing,Distribution, and Business Development Report to the President;responsible for sales and marketing to Master Distributors and selected key national accounts as well as for development of marketing and product innovation. * Increased Master Distributor base by 33%while increasing sales through this key trade class by 66%. (11110, * Developed innovative marketing and public relations campaign to introduce a new technology to the card market. MAXX RACE CARDS, INC. 1995-1996 Charlotte,North Carolina[trading card company wholly-owned by Canadian investment group] President Reported to the Board of Directors and the President of the parent holding company in Canada. Reporting to me was a staff of 18 including Vice President of Sales, Vice President of Administration, Production Manager and Manager of Licensing. * Reduced overhead expenses by more than 20%over prior 4 years of operation. * Implemented an"on-time"production planning process which allowed the company to consistently get products in to the market place as announced and planned while reducing over-all finished goods costs by more than 35%over prior levels. FLEER CORPORATION/Entertainment Division 1994-1995 Mt.Laurel,New Jersey[trading card division of publicly traded Marvel Entertainment] Vice President, Entertainment Marketing Reported to Division President and managed a direct staff of nine, including five Product Managers,International Sales Manager, Finance Manager, Trade Show Managers and support staff * Developed'program to utilize outside product management and pre-press resources that reduced product costs by as much as 66%vs.internally produced products. * Designed and implemented a new"hobby friendly"policy which increased cash in advance Entertainment sales from$1.4 million to$2.4 million per product release. * Expanded international distribution,opening new markets in Singapore,Taiwan, Sweden, and Mexico,increasing international Entertainment sales 45%to$10 million. * Negotiated and signed favorable licensing agreements with major licensors such as Warner Bros.Consumer Products,New Line Cinema, Castle Rock,and MCA/Universal. JAMES E. GLOVER PAGE TWO (1110/ CARDZ DISTRIBUTION/PLAYOFF CORPORATION 1992-1994 Grand Prairie, Texas(Privately held start-up trading card manufacturer] Vice President, Marketing&Sales Reported to owner/CEO and managed a staff of eleven, including Regional Sales Managers, in-house sales and customer service,product managers,public relations and graphic services. * Developed sales organization designed to open new trade classes, hiring three Regional Managers and 54 brokers. * Increased domestic sales from S500,000 to S6 million year one and to more than $1 5 million in year two through extensive consumer research and new product development. * Implemented an international strategy, opening new markets in New Zealand, Australia,Canada and Mexico,with first year sales in excess of$500,000. * Negotiated and signed favorable licensing agreements with major licensors such as NFL Properties,NHL Enterprises,NHL Players Association,Turner Home Entertainment,Warner Bros.Consumer Products and many others. SKYBOX INTERNATIONAL INCORPORATED 1990-1992 Research Triangle Park,North Carolina[publicly held start-up trading card manufacturer] Vice President, Marketing Reported to the President/CEO and managed a staff of eight, including product managers and assistant product managers. * Emphasized higher quality production at competitive prices for entertainment (non-sports)card category,growing business from S3 million to$50 million volume, through the use of consumer research and innovative new product development. (Ire * Introduced unique value added consumer promotion programs to SkyBox and NBA HOOPS brands that significantly increased sell through on this$60 million sales, S20 million profit division. * Researched,negotiated and signed favorable license agreements: Paramount Studios, MCA/Universal,Turner Home Entertainment and NBA Properties. WCI MICROWAVE OVEN DIVISION 1988-1990 A.B. Electrolux, Dalton, Georgia[U.S. Division of international consumer durables manufacturer] Vice President, Marketing&Sales Reported to the Division General Manager; brought in to turn-around failing division; supervised a staff of ten including domestic sales and marketing, export sales and marketing, new product development and transportation and warehousing. * Developed and implemented aggressive marketing strategy for international which expanded distribution to 29 countries and 79 international customers that increased sales 27% in 1988 and 22%in 1989. * Targeted new customers for private label and O.E.M.programs,resulting in 300% sales increase in 1988 and 700% increase in 1989. * Designed and implemented new"niche"marketing strategy,including revised product features,new packaging and point-of-purchacP for mass market retailers K-Mart and.Wal-Mart,resulting in an 11%increase in U.S.branded(Tappan,Gibson Frigidare,'&White-Westinghouse)sales in 1988 and a 53%increase in 1989. TETRA PAK, INCORPORATED 1985-1988 Shelton,Connecticut National Marketing Manager * Developed Partnership Marketing program with major customers such as Nestle, Borden, Lipton, Ocean Spray, Coca-Cola Foods, Carnation and others which resulted in sales increase of over 20%each year in 1985, 1986, and 1987. * Designed and presented marketing program for retailers on the benefits of aseptic packaging justifying need for additional shelf space. Successfully sold program to all divisions of Safeway, Winn Dixie, Kroger, Albertson, A&P and others. Lue JAMES E.GLOVER PAGE THREE LIGGETT&MYERS TOBACCO COMPANY, INCORPORATED 1974-1985 Durham,North Carolina Senior Brand Manager * Developed and rolled-out new marketing strategy to reposition established EVE brand; resulted in a sales increase of 19%in 1984 and 14%in 1985. • Successfully designed and implemented Hispanic/Anglo niche-market test,doubling anticipated market share. NATIONAL FAST FOODS 1973-1974 La Mesa,California Sales Manager * Increased unit sales an average of 30%while reducing inventory shrink and reducing employee turnover. THE SOUTHLAND CORPORATION(dba 7/Eleven Stores) 1968-1973 La Mesa,California Field Representative * Franchised twelve 7/Eleven stores;maintained franchisee-company relations while improving overall gross profit margins by 20%. EDUCATION B.A., (with Honors&Distinction),California State University, San Diego,California, 1972. Lie AMA Courses: Product Management, Strategic Planning,Outdoor Advertising Karrass Program: Effective Negotiation;Certified Trainer,Xerox Selling Skills Program. AWARDS Silver Addy Award,Triangle Advertising Federation, 1983;Gold Addy Award, American Advertising Federation, 1983;Champion Innovation Award for Graphic Design, 1987;Mobius Award for Television Advertising, 1991;Telly Award,Television Advertising, 1991; 1993 Silver Addy Award,Television Advertising; 1993 Gold Addy Award for Television Advertising/Special Effects; 1994 Gold Addy Award for Television Advertising; 1994 Gold Addy Award for Regional Television Advertising. Personal and Professional References Available Upon Request. • L . `t po@Nowffo 1111 PPR 2 21997 Arthur G. Hobbs,Jr. OFFICE OF CITY 1404 Chimney Works Dr. SECRETARY Southlake, TX 76092 Mrs. Sandra L LeGrand, City Secretary City of Southlake Southlake, TX 76092 April 22, 1997 Dear Sandy: It is my wish to once again apply for a position on the Planning &Zoning Commission in the City of Southlake. I feel that my past experience as a commissioner coupled with my completion of the North Texas Council of Governments Planning and Zoning Series can be of great benefit to the City planning process. I also feel that my professional experiences in marketing give me the necessary negotiating skills for the betterment of our City. Sincerely, Arthur G. Hobbs, 1) 1' L ter. , L q6 -fa !Di 11 1l 1 ,t„ City of Southlak= OFFICE• Of CITY • APPLICATION FOR AP ' • V Duthia • -APPLICATION FOR APPOINTMENT TO: PL-flitiA✓i e;AI o .Zo,v/A.)6. (name of board, commission or committee) *Use a separate application for each appointment desired Name: /2,e TA/v l. f-/e 46 .5 . Address: K)///127,/E/ moo, Jc'5 - Home Phone: `/t/ - b 7/I Years in City:'4 .V 'N!r ,Ck 1 z-,v i .L�/{/ O F �/! %` - gfi / Employer: Ec �/•v ra v S re ��s Phone: Current and/or previous board, commission, or committee experience in the City of Southlake: /2/A,-;,v,4/6- A,ci v ,v//v .,-,,'7 ,SS, o 5/9 (16.„)ns for desiring to serve on this board, commission, or committee, and your opinion as to the purpose, goals, and duties of same: %ry r. Vi/E ,th(2A4 L- X/0 4 / /SE kJ/it/ 4E c- / e/etZ P eeFs -r /^) Cry frr,.4i/,-y lc)/i nirnu,-,/y ,4,I..- f%'��, T�Es Ac a -n Pet"--s e,E -r - ,c4s7o." 4 --17e . ,—/c ice' c F 7 a,_'y el f= e L 7/1-49-, : Qualifications and experience that would assist you in serving in this position: PE.E.V/oc) S �rxmbss/d K pe t/e ti / 9(0 &/rl C/e7->a t) c F //ZOO Lel 2 ,c.Sio v S 'eft/ J/i-f ScerES c-r £ >4e,(r7�.'(9. b SC ,E'/e-.t'1 icy,ate vs-/el /s Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? yr.5 r , Additional information or comments: lP :eturn this completed form to the City Secretary's Office, 1725 E. Southlake Boulevard. Each application wi a kept on file for one (1) year. After that time it will be necessary to reapply and update the information herein if you wish to/to co..-knue to b consi red for appointment. Si nature-rT /`� Date: - /�7g 1qh -if D:\WP-FI40jj-/ TYSEC\FORMS\APOINTMN.FRM , ) 1 nable to attend AIR 2 9 199' --iilir interview session. ake J' APPL: IPPOINTMENT 2uthlc� APPLICATION FOR APPOINTMENT TO: T 1'Inn► n a s 7c sir, C . i c v (name of bo�d, commission or'ommittee) *Use a separate application for each appointment desired Name: I ' i C.hae-k J . C: (---2_ - Address: �' a— R cCr5e,a i 2 - et • - Home Phone: (�11) Li- I - b y Years in City: `T Employer: o nQi\►-e , -L^'�-, Phone: 0 7 }) 4 .7 V-d 311 Current and/or previous board, commission, or committee experience in the City of Southlake: Nc, n - ,-asons for desiring to serve on this board, commission, or committee, and your opinion as to the ose, goals, and duties of same: W2 .as a,-ca << 113ue_C�GSe r o Make_ S-CAV IatC�, C 't 11 1 6Ur �cyhe. . l 6e..1 .�,:c_ aiI ft.5;d�'e-+"cS �d' A ee.�Oc•:e;Li (,`LY to dr tc.1 J J J J r� ,. iN CCc-e.;'n nCt . 1rt re_la'Oi ti `l .o ` 4IA 5 F C'S c 'b ' T S CrCIA5 ) Tez� irZ v c3 t0 1"r\A'n3yL cl;'� tc [:c --Ctt.,J e .t rZS >c1Q rif /{t'ji �e__ -ra x baste c.:f S•za1giake._ Qualifications and experience that would assist you in serving in this position: �-�i' k -�y t'S i kt.s. 1 (� b us,\ ;er c�n�fol clr �. Ccn5 CL TiTtiv iN dVSi ti --L uZG.:�rt-td ril d n )tn ` ' - J • 3 . r ` sA,S Y� xxutr 2O A MQ.cS stt 3 i1 cPI aNf• ?Io)n rt i nci H^'c 'oY ►n Irna.K�.S ckc;S►ov,s ,.,�;c- SI oOU 1 .r (+,,zlI af4 re_}; , 5 a 6es;nuse_s as w I3ytie ftct;R. e.%ea e.- ec -{ Q. C;- .v P^ you understand and agre that your regular attendance and active support are required as an appointee '•-•^,-e could result in removal from the board? ‘i'Qc; n ;Via CA-(PLU A CI ! '- £ �t.,l!_tJ h - -� Office, 1725 E. Southlake Boulevard. Each application kept on file it,. . .Liter that time It . 11 be necessary to reapply and update the information her In if you wish to continu .to co idered for appointment. � ', JA-s `i7Signature: T/f.4,Cg 11 Date: / 146 l Z--- D:\WP-FILES\CITYSEC\FORMS\APOINTMN.FRM Le Michael J. Crowe 802 Ridgedale Court Southlake,TX 76092 Career Summary: Honeywell,Inc. July, 1977 to Present Accomplished performer whose career assignments in Operations Management, Marketing, Sales Management and Business development have provided a platform for growth and lasting change within the Home and Building Control organization. Previous Assignments April, 1996 to Present Vice-President and General Manager,Mid-America Area With the proposed field organization restructuring under way for Vision 2000, five U. S. areas were formed to lead the change. This promotion increased responsibility from a $145M to a$255M P& L with 1100 direct and indirect reports. January, 1993 to April, 1996 Vice-President and General Manager Southern Area The assignment began with a change imperative to integrate three separate Honeywell divisions into the new Home & Building Control organization. • Combined twenty-one separate locations into eight branches/districts • Developed the Dallas Technical Center of Excellence for engineering which provided value-added services to the Area branches • Increased sales year-over-year an average of 10.5% • Southern Area used as the benchmark for cost control in 1995 • Improved customer satisfaction from 90.3%to 91.5% January, 1992 to December, 1992 Director,Healthcare Business Unit The assignment reported to the Vice-President of Worldwide Marketing and included expansion of Honeywell's healthcare performance contract offering in the U. S. and Canada with the development of a roll-out initiative for the United Kingdom in 1993. • Developed and executed a business plan with a market P&L of$70M • Had direct responsibility for six field and 23 technology resource managers • Worked with outside advertising agencies to expand marketplace awareness of offerings March, 1988 to December, 1991 Manager,Healthcare Business Unit The assignment reported to the Director of Service Marketing. The purpose was to develop an offering for the healthcare marketplace which would leverage Honeywell service/operational strengths. • Led focus groups to determine customer objectives • Developed affiliations with AHA,HRDI& ACHE • Hired six sales reps and one P.E. to support pilot offering • Grew the business from$5M to$45M Lige January, 1982 to February, 1988 Branch Manager, Chicago,IL The assignment reported to the Building Services Division Regional Director. • Developed and implemented a branch business plan for a S6M service P&L • Exceeded financial objectives 5 of 6 years • Maintained lowest employee turnover in region January, 1977 to December, 1981 Sales Representative, Chicago, IL The assignment reported to the Branch Sales Manager. • Implemented personal sales plan to grow building retrofit and service business • Exceeded sales objectives each year • Elected to Top Hat Club in 1981 June, 1974 to July, 1977 Electrician/Estimator, Adams Electric Co.,Wilmette;IL The assignment developed out of summer employment while in college and reported directly to the owner. Primarily responsible for residential electrical project estimates. (kime Education Northwestern University Evanston, IL Bachelor of Arts, Economics June, 1974 Chick Evans Scholar Graduate courses in marketing/management at University of Minnesota Honeywell Corporate—Advanced Program for Directors Other sales and operations management courses Telephone Numbers Office 214-701-2811 Home 817-481-6642 L T"ttnabletoattend interviewI 'L P[ R 3 0 199T session. e ji ifok APPLI� 1 ,pp I lb. t: 1 Duthlok' APPLICATION FOR APPOINTMENT TO: P\ 4^' 4 ' ro1 0.ndK Zoa 4G Co -,ssbJ,,, (name of board, commission or committee) *Use a separate application for each appointment desired Name: C\mdr* s V: \\S, tc Address: SUo T..dtp„a t-,cE P.. 1, ,,I so .., Et, t� tti_ sr x,. S t Go9? Home Phone: ( t i) W g i - 1 a i U Years in City: 1 v4 Employer: sf4 rcL, cl: t...\ 6 ,- ? , i,c. Phone: (a Iv) 9`3-- 6004 Current and/or previous board, commission, or committee experience in the City of Southlake: 11, S r S t\^S. .c- + 0 S i- \ o J 4.0 , w V.\G L. S int..)t. S O ... Q St^-t. cJ a eo: ..�...,t:ob . Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the Lse, goals, and duties of same: M W.F k c••4 s h")f e" S .x "-1 .., a t+. cl ac•...,,, �A.' . W 4 z L c.L.o s i• �p ....noo J4 io So.,-L�.\c�.� b4.c.a...S L o It- tti. v ,. .0 L&� cit.,G.\,-b.I- "E..%2 G • 1-y ?pSS" S t-1 GJ ) t bs Vacs l ?J 41 _ Qualifications and experience that would assist you in serving in this position: /i k -'r ca 4 J t ko e: G.cGec. }-..\o, k ,Vs) c" aJ a.k.A..ceJ*y t'p• 54 �f,4\, 6.. :..cs5 ¢�c� �^ v4rh 4nt►�,...;,a1I.tc. tel to2:‘t •S C -y \01. t ►.� kt 1 L t. t. c.tJ \P t.. D' -stand and agree that your regular attendance and active support are required as an appointee .^e could result in removal from the board? y S ' 71AUt ailLLL9 �+ments: St L o 4c.-\,4 .Ri s . '.--- Op(,/./ A , 17, • 41 ;1- .C' '0 '` ice, 1725 E. Southlake Boulevard. Each application 'ssary to reapply and update the information 66 , .., . Date: `I 13 0 i 1 7 r/� D:\WP.FLGJ\Crl!SEC.["OR S A O{lam 1 MN.FRM ANDRES VILLAREAL 910 Independence Parkway Southiake,Texas 76092 Office: (214)965-6008 Home: (817)481-7210 PROFESSIONAL EXPERIENCE Search Capital Group,Inc. 1996-Present Dallas,Texas Corporate Counsel Assist General Counsel in providing all legal support for this specialized financial services company and its operations. Responsibilities include corporate and transactional work, litigation management and participation in regulatory compliance program to assure adherence to all federal statutes including Truth-in-Lending Act, Equal Credit Opportunity Act,Fair Debt Collection Practices Act,and state consumer finance laws. Villareal&Slusher,L.L.P. 1993-1996 Dallas,Texas Managing Partner LRepresented debtors-in-possession, trustees, consumers and both public and private companies in all aspects of bankruptcy, litigation and corporate matters. Advised clients in all areas of state and federal law including litigation, corporate, real estate, environmental, tax and contracts. Handled all administrative duties of partnership including employment, billing, insurance, taxes, purchasing and financial accounts. Practiced before the United States Bankruptcy Courts in all four Districts of Texas,the United States District Court for the Northern District of Texas,and the United States Bankruptcy Courts in New York and New Mexico. Jackson&Walker,L.L.P. 1990-1993 Dallas,Texas Associate Bankruptcy, Creditor's Rights and Corporate Reorganization section. Handled litigation of claims, the automatic stay,avoidance actions,plan-formation and confirmation,pre-bankruptcy planning and environmental issues. Co-authored the article Impact of Automatic Stay on Enforcement Actions: Abandonment of Contaminated Properties which was presented at the CLE International's Bankruptcy and the Enforceability of Environmental Liabilities Seminar held in Dallas,Texas. LMember, International Business Development Task Force Member,Minority Recruitment Subcommittee Chairman, "Adopt-A-School"Program qe5-i6 (tie EDUCATION Admitted State Bar of Texas-November 2, 1990 University of Texas School of Law Austin,Texas Juris Doctorate-May 1990 G.P.A. =75/3.0 Recipient of the Berman,Mitchel,Yeager and Gerber-Best Brief Award Board of Advocates,Member 1988-1989;Trial Director 1989-1990 University of Michigan Ann Arbor,Michigan College of Literature, Science and the Arts B.A. in Economics-May 1987 University of Michigan Band, 1982-1984 Sigma Alpha Epsilon Fraternity PROFESSIONAL ACTIVITIES Member,Dallas Bar Association Member,American Corporate Counsel Association Member, American Bankruptcy Institute Member, American Society of Corporate Secretaries Member,Mexican-American Bar Association L q4 /7 • • City ofSouthlak Fpe (� � 0 w Riip APPLICATION FOR AP :Jothlo • .TAF 11 , •-i ITY APPLICATION FOR APPOINTMENT TO: fliAt.;LI-1.C ( OFFICE OF C � ,� s ��-yuj�' SECRETARY (name of boai/d, commission r committee) *Use a separate application for each appointment desired Name: iv_o14(- A (1_/4.,)f Ik_...er) Address: c / ,i( Home Phone: 1-t/ c/ -COO 9 Years in City: ;-3 ' Employer: �Qi-2., Phone: Current and/or previous board, commission, or committee experience in the City of Southlake: fi z Reasons for desiring to serve on this board, commission, or committee, and your opinion as to the pse, goals, and duties of same: Qualifications and experience that would assist you in serving in this position: Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? 624 _ Additional information or comments: r Please return this completed form to the City Secretary's Office, 1725 E. Southiake Boulevard. Each application w ekept on file for one(1) year. After that time it will be necessary to reapply and update the informationL hf you wish to continue to be considered for appointment. �z Signature: k6a ,6 �( A) Date: '7 q13-1 C:\WPFILES\CITYSEC\APOIN MN.FRM . 14 : Alui o ' JL PR Ma y _ ,_ City of Southlake . Di ---u t h 1 al‘ APPLICATION FOR APPO ik ►F1 i.1 .` � APPLICATION FOR APPOINTMENT TO: .Q pint eal arld Zon/• ccm+•yuss1.• (name of board, commission or committee) *Use a separate application for each appointment desired Name: l-tc.KA2fl Wt. Shw/Cy Address: I2O4, e-Powda..e- rem. 1fAt t t 5-0 u-g&IJO- , 7k 74052- Home Phone: W--ebr 074 Years in City: / 1 1 Employer: Ifni) /)resscr /if e Phone: 972-30f- goo 0 i Current and/or previous board, commission, or committee experience in the City of Southlake: A /VIyc.a-- 1 1 'asons for desiring to serve on this board, commission, or committee, and your opinion as to the i cup ose, goals, and duties of same: r4av'e cAio sw mt.& JouWe/d my)o' , Z it'44.4 A.At ilia J a4, e /c 4/i7 re . Id 4 4 en,h,A4 ,,i y A A/ram rmg scam i as G ut,to, vtdih 4u0+ , 74 fl Z Ord adi/(aes 4aileiwu e0,.. r.le,s nil i / 441,4 P44•///0+f24us i Aas-wee ee►t1/.410446 wife f.. /and flat f (Wow/wad% 4 N4,:f4 Li , 7c_,/:50ar'd renew s jowl'w go dsc'al,:),sleh resraLsi . Qualifications and experience that would assist you in serving in this position: -I- IciA..Ror_ m''s epeusw� dS A�rr►tl�l »tune u��e?Lecu i✓e /�✓o/�ecl tr/i ��pn y • �7 p►•o{issir•x Sam a I'es,islw. 'o ss/ex.�01 /1Rp/ti f /.l.J�, ,P.1[f�l wJ44NG ed,,,Alti t/ /+., 1 . """ .. A GN,/, 1,4 nh.� , e,,,,,..,,t r'- e Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? ye.f.,_ Additional information or col-invents: .Seu/l✓aka- .s pas;Aine/4r nm{ pnr«/0 aad 4;4 we, (Irai�to/tn#+ucf p/tnrtu, Gtu41eils, A fadiA5 ol a 044(6i rrra. nitie/ 4 ngS ead wi//I Griteiii Al. JYrsls el I✓ pJinpiru, 4Rt1 ,1v s rud21t1 G !c.�,ui* t - - a return this completed form to// the City Secretary's Office, 1725 E. Southlake Boulevard. Each application rt„,„ e kept on file fo : - ) year. After that t" e it will be necessary to reapply and update the information herein if you wish • contin - to be considere or appointment. C Q�� g� 1� Signature: — " .(.4,G,,,,,�, . Date: /l y 7 D:\WP-FILES\cITYs oRMSWPOINTMN"FRM 0 g Vi M FRO s LOC►4GEED FW TO t 817 488 6796 1697.04-1 •- -- lZI =' • II City of Southlake OFFICE OF ClTY---4A iIL APPLICATION FOR APP . 11 Duthiak' 1 APPLICATION FOR APPOINTMENT TO: RA/74:0) r 2•n-9 C ,*.$5%." • (name of board, commission or committee) 'Use a se • ate application for each • • --intmmnt desired Name: It it/ef Address: gel (04i't 1Ci/ Gvff , 50,714,4, �t p‘.f= -- Home Phone: an) ypi-12 4° Years in City: C 7c'/$ Employer: l aertAssiiPA i.:, ,ibaNa.i A.L.Atti /hAo Phone: 1ti21 291- / V Current and/or previous board,commission.or committee experience in the City of Southlakc: .SP N - Reasons for desiring to serve on this board,commission,or committee,and your opinion as to the i:impe purpose,goals,and duties of same: - 4 --.-,------ Qualifications and experience that would assist you in serving in this position: • Do you understand and agree that your regular attendance and active support are required as an appointee 1 and that noncompliance could result in removal from the board? Yes' Additional information or comments: Please return this completed form to the City Secretary's Office, 1725 E. Southlake Boulevard. Each application will be kept on file for one(1)year. After that time it will be necessary to reapply and update the information irt.., herein if you wish to continue to be considered for appointment. ,ignaturc: l/' ,: v.--- Date: Wiitr/F�! caWPFtt.cs\c.1TYSecv►roirrrhsN.FRM `aw 1J APR 2 5 ow = City of Southlake oFFtct oF ctn ,�---- APPLICATION FOR APPO.INIMENT' i Duthlak' APPLICATION FOR APPOINTMENT TO: P(ann t i AN) �H i A Al CON4°KC‹S cove * (name of'oard, commissfon or committee) *Use a separate application for each appointment desired Name: C- b. Pee b(e S Address: 1 (0 GL-f 0 e ion G-f" Home Phone: 3 21- 110 Years in City: 1 Employer: Peek V S. Qe i+y ,,� 13 f a,.+1(ti L l_f Phone: (ell 3 26-7203— Current and/or previous board, commission, (or committee experience in the City of Southlake: Oc/r ka .-. . ccL get ao ( �j ,Te - se) ',si"A.cfie �isons for desiring to serve on this board, commission,/ 4 or committee, and your opinion as to the L itirup ose, goals, and duties of same: / 1-u S UI /, l'i t/O l v✓/ rr/th Az ‘IP f/eht o't-f frf JAI) /o,i-A i-( fh 4vJ4,44 a^ 'f /4 A i L / /We . I See P 2 S ?`iG /.)-41/AAA),0 ' 4e- COti., /4 //1 497,1715 BC-i-e 01 110i/eh/Pi'', 4l,1 l'P(/r,4 S Qualifications and experience that would assist you in serving in this position: 45 CM 4' o/'/1 P' ) dii f 'i,/iap w/�h ��e, / iQ1 c- fA4f/-61/ f;44 cow i# Alri / w /f 4 rp Ath AlJ4e) ah...( di4d"ode 4.,v05 i. 7C P 6es1"/ re of S0,/-tA i k s ci i,✓A o/e.,. Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? YeS Additional information or codiments: return this completed form to the City Secretary's Office, 1725 E. Southlake Boulevard. Each application e kept on file for one (1) year. After that time it will be necessary to reapply and update the information herein if you wish to continue to be considered for appointment. ./ �1 Signature: (,OI ���I �it.!'S Date: 4'2S 7 0 .a / D:\WP-FILES\CITYSEC\FORMS\APOINTMN.FRM . 71i@ROWR it. OM 2 5 P997 ' City of Southlake APPLICATION FOR APP • '� '' " Ai:. • Duthlak- APPLICATION FOR APPOINTMENT TO: A,97.1,v,..„4- ? ,,J<" * (name of board, commission or committee) *Use a separate application for each appointment desired Name: Je td°4n2...e42. Address: /0/ Kilt.6 Coze,e T , .-�/% E - 75e 26 0-9. Home Phone: e/2 — /11/ <P3 ES Years in City: .3fstr Employer: 4 A9njZ ,'� Q of Phone: d '7—$w £YY J ' Current and/or previous board, commission, or committee experience in the City of Southiake: ( 'easons for desiring to serve on this board, commission, or committee, and your opinion as to the If urpose, goals, and duties of same: / /26,v) c2 ,Jc"zvi cE /33- -+ s4. I4f'4)e `/,cis.e /� , A g v,,,,.� 7 ci 7 ,ti -r . L f� �' Y �� ��1' vucN��F �,�c o� v&P e- 6?v' .( 4"R0-k) Qualifications and experience that would assist you in serving in this position: / 4- L 'r sA/6€ /hi "/e ev e-oP— . / //n tic 4.61.-v - ,2 /If Y2,!' / 4 'E 7-c24 i e-x;�vsi" 4' 47,l, /q; l/ice, " _ri'l/)/C�, e7- 4r i I(nJ Gl' 44 2C64 r u/1E !" bf e-,776 s �� Go•st44-iz/e' •9^') .4,/..brc t' Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? Vim' Additional information or comments: / -ram cry"7 4 e^' /, :° 4 ''"'"/.< ' °"- /t/ 7 4iil.,✓f) ",Mir a-F 7We 4era0 eteX /I/O f 6'c✓67' <<r of i ,rer c-0 / ( N '1 P(fflVi✓/A1( 6s/ Cf7 '.f c,#4 Arl44 /-..46 .e£Sii`: A're /v PGRz-G To i✓Z,7ti r= . 77rE G%M¢>.sn/ .,r c.Wr Cr2e-7-- ;34E" c/1-- . Cese return this completed form to the City Secretary's Office, 1725 E. Southlake Boulevard. Each application be kept on file for one (1) year. After that time it will be necessary to reapply and update the information herein if you wish to cont. e to be con idered for appointment. Signature: i l Date: 2 `.2 —`� 7 f —01'" DMVP-FILES\CIIYSEC\FORMS\APOINTMN.FRM ID �Utav � , City of Southlake MAR 3 1 1997 TA. APPLICATION FOR APP A. TMENT , Duthlcak- APPLICATION FOR APPOINTMENT TO: �Li¢�,t//.1/e 7Adi,J6 dAr.459/.15A0A1 * { (name of board, commission or committee) *Use a separate application for each appointment desired Name: 4£2ALLD e Ms,v7,94 az Address: //d2 c 4 o .14;c2160 G/.P1 . Home Phone: `��,/_sags- Years in City: 6AIi Employer: iedsn Phone: Current and/or previous board, commission, or committee experience� in the City of Southlake: 44eA D £4Ti/ C1Ty i¢LL i 11/!//l6! C.m/,J/7-7/TlEE ''easons for desiring to serve on this board, commission, or committee, and your opinion as to the rpose, goals, and duties of same: �',Brl,/�-� �' r-'t �� r I��s� is Pick E 1 I I?LD bE �. yFkL /�v r.¢,e�2p* m rt T T*i AuT/fa 18 /7 Q&ifts,o,—TA" e/TY ,s i r/T. •Waie G. eV,¢ PJ1(49,0/4 eipe,..7 ,2eLi,,b 4r/D .2-iaor/s/.... e- T ae .t,O.Re�-A,�' �s�E�i.?�'�o c Fier T s /Ts c�'de £ r C./r- w a .6-s e.Til�e rs, uJ.fg+ir /T .rb BEGS? Qualifications and exrcenence thatould assist you in serving In this position: Ac i, % vii,ye.,T �F ®as./7t1s £Ded` 000,7"sf T., 77., At i /T.Q,L *.y./frienr. go90 pLA-orrmi5 sie.tfauf,--Atitez,A0c. etstews7Xe d9e44440fri","/al.,.1 e4,' AVeZe-.o Al 42D Usti,✓et�.'y s 4. Do you unders and and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? >S Additional information or comments: Se return this completed form to the City Secretary's Office, 1725 E. Southlake Boulevard. Each application e kept on file for one (1) year. After that time it will be necessary to reapply and update the information herein if you wish to continue to be considered for appointment. .,- Signature:AA.e..-Ze Date: 3/ 97 0-013 D:\wP-FILES\CITYSEC\FORMS\APOINmi .FRM • • City of Southlake,Texas MEMORANDUM February 13, 1998 TO: Curtis Hawk, City Manager FROM: Sean Leonard, Court Administrator SUBJECT: Appointment of New Alternate Judge/s Recently, Alternate Judge David Florence informed me that he will be resigning his judicial responsibilities for the City of Southlake due to his full-time appointment as Municipal Court Judge for the City of Grapevine. The City Council will need to appoint a new Alternate Judge as soon as possible. The increased caseload of the court, the need for a substitute in case of the temporary disability or absence of the Judge, as well as a scheduled jury trial on March 27, 1998 in which Judge Brad Bradley must recuse himself necessitate this appointment. In regards to the qualification of the alternate Judge, he or she must meet all of the requirements of the Municipal Court Judge. These requirements include being an attorney in good standing, licensed to practice in the State of Texas, be at least twenty-one (21) years of age, be a citizen of the United States, be a qualified voter of the City of Southlake, and reside within the corporate limits of the City of Southlake. Although there is no term specified in the Charter for the alternate judge, the attached resolution specifies a term of three years. Teresa Campbell, a resident of Southlake, is the only individual I am aware of who has expressed an interest in serving. Ms. Campbell currently serves as the Teen Court Judge. Please see her attached resume. Please place this item on the next available City Council agenda for consideration by the City Council. If you have any questions or comments regarding this matter, please do not hesitate to contact me at (817) 481-5581, Ext. 832. Sean Leonard, Court Administrator cc: Curtis Hawki•City Manager Brad Bradley, Judge RESOLUTION NO. 98-10 A RESOLUTION OF THE CITY COUNCIL OF '1'HE CITY OF SOUTHLAKE, TEXAS, APPOINTING AN ALTERNATE MUNICIPAL JUDGE AND SPECIFYING A TERM OF OFFICE PROVIDING AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Southlake, Chapter V, Section 5.04, states the City Council shall appoint an alternate Judge who shall have the same qualifications of the Municipal judge and who shall receive such salary as may be fixed by the Council; and, WHEREAS, the Charter of the City of Southlake, Texas, Chapter V, Section 5.02, specifies that the Municipal Court Judge shall be a licensed attorney in good standing, licensed to practice in the State of Texas, and must meet all other qualifications established by Chapter II, Section 2.04 (a)(1), (2), (3), and (4); and, `VHEREAS, the Charter of the City of Southlake, Chapter II, Section 2.04 (a)(1), (2), (3), and (4) 4tes each candidate must: (1) be at least twenty-one years of age; (2) be a citizen of the United States; (3) be a qualified voter of the City; and (4) reside and have resided for least (12) months preceding the election within the corporate limits of the City; and, WHEREAS, the Charter of the City of Southlake, Chapter V, Section 5.04, also states that in case of the temporary disability or absence of the Judge of the Municipal Court, the alternate Judge shall have authority to act as Judge of said court; and, WHEREAS, Ordinance No. 522, Section 5, states a person may not serve as a municipal judge while that person holds other office or employment with the City government; and, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: ction 1. The findings in the preamble are found to be true and correct and the City Council does hereby incorporate said findings into the body of this resolution as if copied in their entirety. action 2. The City Council of the City of Southlake, Texas, hereby appoints , to serve as alternate Municipal Judge for Southlake, to serve in the absence of the Municipal Court Judge for a term of three years. The compensation will be set forth by the City Manager, in conjunction with the City of Southlake Annual Budget. Section 3. This Resolution shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED this the day of , 1998. Mayor Rick Stacy ATTEST: Aty Secretary APPROVED AS TO FORM: City Attorney 9(2-.3 FEB-13-199e 16:40 FROM CITY OF SOUTNLAKE TO ADMIN OFFICE P.02 RESUME of TERESA L. CAMPBELL AMENEY SUMMARY OF Good oral and written communication skills. Able to work with OUALIFICATIONS: deadlines, manage multiple projects, and explain difficult issues to the average lay person. Four years of judicial experience serving as a judge for Metivpert Teen Court program. EDUCATION: J. D., Baylor University School of Law, Waco, Texas, 1991. B. A. degree (Journalism), University of Texas at Arlington, Arlington, Texas, 1988. Honors program graduate. Exchange student, University of London, England, 1986. LANGUAGES: Working knowledge of French and limited Spanish and German. PROFESSIONALEXPERIENCE: 1992 - Present FLYNN & ASSOCIATES, Grapevine, Texas. ASSOCIATE with law firm. Provide services to clients with wide ranging problems in general civil practice, but with particular concentration on family law litigation, probate, real estate tidtdx.tivus, general business and corporate matters, civil litigation, commercial litigation and estate planning. - handle all family law and probate matters for the firm. - personally and successfully represented clients in the district and county courts of Collin, Dallas, Denton, Parker, and Tarrant counties. - brought portable business to firm and continue to develope own clientele. - prepared opinion letters and legal memoranda, and counseled clients in the areas of general business, corporate, franchise, family and property law. • FEB-13-199G 16:48 FROM CITY OF SOLrfl-L KE TO ADM I N OFFICE P.83 - prepared real estate closing documents and handled residential teal estate closings. - successfully negotiated independent contractor agreement for literary agent with two of the largest publishing companies in the United States. - investigated and handled discrimination claims and work-related injuries for state-wide temporary personnel agency. - requested author/speaker for corporate clients on employment law topics. 1991 - 1992 TERESA L. CAMPBELL, Attorney at Law, Grapevine, Texas. SOLO PRACTITIONER. Provided general civil practice legal services to clients including estate planning, family law and business contracts. - successfully developed thriving solo practice upon acceptance to State bar. - personally represented clients in the district and county courts of Tarrant and Dallas counties. - prepared opinion letters and legal memoranda, and counseled clients in the areas of general business, corporate, franchise, family and property law. ADDITIONAL PROFESSIONAL ACTIVtlIES: Seminars: Attended euroyean Law Seminar. EEC 1992, University of Glasgow, Scotland, 1990. Articles: Interspousal Torts, published for paralegal section of Texas State Bar, 1993. Presentations: "Avoiding Sexual Harassment in the Workplace", multiple client presentation, 1995-1997. "An Overview of the Americans With Disabilities Act and the Family Medical Leave Act", 1995-199'7. 9c • FEB-13-1996 16:41 FROM CITY OF SOUTHLAKE TO ADMIN OFFICE P.04 Texas State Bar Association Tarrant County Bar Association ACTwVj : JudgelTeen Attorney Mentor, Metroport Teat Court, 1994-present. Grapevine Chamber of Commerce Grapevine Chamber of Commerce, Women's Division Southlake Chamber of Commerce Southlake Chamber of Commerce, Women's Division Colleyvale Chamber of Commerce Grapevine Heritage AMBUCS • TOTAL P.04 City of Southlake, Texas (11.re MEMORANDUM February 13, 1998 TO: Curtis E. Hawk, City Manager FROM: Ron Harper, City Engineer SUBJECT: Authorize the Mayor to Enter into a Developer Agreement for Cedar Oaks Estates Addition (Lots 4R7R1-5), Located on the North Side of Sleepy Hollow, Approximately 750' East of the Intersection of Sleepy Hollow and Morgan Drive BACKGROUND Attached is the Developer Agreement for Cedar Oaks Estates Addition, Lots 4R7R1-5. The usual requirements for performance bonds, letters of credit or cash escrow, and indemnification are incorporated in the Agreement. This is a standard Developer Agreement with no modifications. This property is located on the north side of Sleepy Hollow, approximately 750' east of the intersection of Sleepy Hollow and Morgan Drive. This is a subdivision of an existing lot within the Cedar Oaks Estates into five new lots. Several items relative to this development need to be brought to City Council attention. I. Common Access Driveway The access to the lots on this development will be by means of a Common Access Driveway. The Developer has agreed to construct this drive in accordance with Fire Services' requirements. This drive is not intended to be a public roadway either now or in the future. Any future maintenance of this drive will be the responsibility of the five property owners using the drive. The Developer also agrees that no individual lot access onto Sleepy Hollow will be allowed, and that no gates will be installed on the Common Access Driveway. II. Off-Site Sanitary Sewer The Developer plans on bringing sanitary sewer to this project. The Developer has requested that the costs of the off-site sewer be reimbursed to him by the City since the off-site facilities may be used to service other properties. 10A-1 Loof CURTIS E. HAWK DA CEDAR OAKS ESTATES, LOTS 4R7R1-5 FEBRUARY 13, 1998 PAGE 2 III. Park Fees The Developer has met with the Park Board and requested that he be allowed to contribute Park Fees in lieu of land dedication. The Park Board has agreed to allow the dedication of$1,000 per lot ($5,000 total). A memorandum from interim Director Kevin Hugman is attached. RECOMMENDATION Staff's recommendation is to place the Developer Agreement for Cedar Oaks Estates Addition, Lots 4R7R1-5 on the Regular City Council Agenda for February 17, 1998, for City Council review and consideration. 01/ • Attachments: Developer Agreement Plat Exhibits Kevin Hugman Memorandum M:\WP-FILES\SUBDIV\CEDAR-O\DA-MEM.WPD L 10A-2 CEDAR OAKS 'LOTS 4R7R1-5 DEVELOPER AGREEMENT a2113I98 An Agreement between the City of Southlake, Texas, hereinafter referred to as the "City," and the undersigned Developer, hereinafter referred to as the "Developer," of Cedar Oaks,Lots 4R7R1-5, hereinafter referred to as the "Addition," to the City of Southlake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the 5 Lots contained within the Cedar Oaks,Lots 4R7R1-5 and to the off-site improvements necessary to support the Addition. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. Since the Developer is prepared to develop the Addition as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin as quickly as possible and the City is desirous of having the subdivision completed as rapidly as possible, the City agrees to release 10% of the lots, eight (8), after installation of the water and sewer mains and neG sa y dr - ®v ends.. Framing shall not commence until water quality is approved by the City and all appropriate Fire Code requirements are satisfied, and street signs with street names are in place. Temporary all-weather metal signs securely fastened in the ground are acceptable until permanent street signs are installed. The Developer recognizes that the remaining building permits or Certificates of Occupancy for residential dwellings will not be issued until the supporting public works infrastructure including permanent street signs with block numbers and regulatory signs within the Addition have been accepted by the City. This will serve as an incentive to the Developer to see that all remaining items are completed. C. The Developer will present to the City either a cash escrow, letters of credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the facilities(water;sari s errand storm Ater)to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two(2)years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best-rated bonding company. 10A-3 All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. The value of the performance bond, letters of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Each request for reduction or payment of escrow funds must be accompanied by lien release(s) executed by all subcontractors and/or suppliers prior to the release of escrow funds or reduction in value of the account. Performance and payment bond, letters of credit or cash escrow from the prime contractor(s)or other entity reasonably acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. D. The Developer agrees to furnish to the City maintenance bonds, letters of credit or cash escrow amounting to 20% of the cost of construction of underground utilities These maintenance bonds, letter of credit or cash escrow will be for a period of two(2)years and will be issued prior to the final City acceptance of the subdivision. The maintenance bonds, letters of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. If the Developer chooses to construct bar ditches in lieu of curb and gutter, and the `�•• City approves the design and grade of bar ditches,Developer understands and agrees to provide maintenance on the bar ditches for a period of two years from the date of acceptance of the Addition. Maintenance includes trash and debris cleanup,mowing, and erosion control. E. Until the performance and payment bonds, letters of credit or cash escrow required in Paragraph C has been furnished as required, no approval of work on or in the Addition shall be given by City and no work shall be initiated on or in said Addition by Developer, save and except as provided above. F. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove shall be vested in the City and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities shall occur at such time that City, through its City Manager or his duly authorized representative, provides Developer with a written acknowledgment that all facilities are complete, have been inspected and approved and are being accepted by the City. LE-Wro;,' 10A-4 G. On all public facilities included in this Agreement for which Developer awards his own construction contract, Developer agrees to the following procedure: 1. Developer agrees to pay the following: a. Inspection fees equal to three percent (3%) of the cost of the water, strcct, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase a -based on actual bid construction cost; b. Administrative Processing Fee equal to two percent(2%) of the cost of water,strcct, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; c. Trench testing(95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for retesting as a result of failed tests; f. All gradation tests required to insure proper cement and/or lime stabilization. The City agrccs to bcar the expense of� ; e. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and accepted by the City. H. The Developer and any third party, independent entity engaged in the construction of houses,hereinafter referred to as Builder will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen(15) days 10A-5 written notice, should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer or Builder for reasonable costs. Should such cost remain unpaid for 120 days after notice, the City can file a lien on such property so maintained. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. J. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas,provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. II. FACILITIES: A. ON SITE WATER: `r► The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City. Further,the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements,the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers,released by the City Engineer, and made part of the final plat as approved by the City Council. The Developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development 10A-6 proposals are being presented for approval by the City. The Developer hereby agrees to comply with all provisions of the Texas Water Code. C. LAW COMPLIANCE: Developer hereby agrees to comply with all federal, state, and local laws that are applicable to development of this Addition. D. STREETS: 1. The street construction in the Addition shall conform to the requirements in Ordinance No. 217. Streets Private Common Access Drive will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City Engineer. 2. The Developer will be responsible for: a)Installation and two year operation cost of street lights,which is payable to the City prior to final acceptance of the Addition;b) Installation of all street signs designating the names of the streets inside the subdivision,said signs to be of a type, size,color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances: c) Installation of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as `�... directed by the Director of Public Works.It is understood that Developer may put in signage having unique architectural features,however,should the signs be moved or destroyed by any means the City is only responsible for replacement of standard signage. 3. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre-planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director of Public Works as quickly as possible when such a need has been identified 10A-7 and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. 4. The Developer agrees that all lots in this Addition will access the private Common Access Drive and that no driveway access onto Sleepy Hollow will be allowed from individual lots. An addition," ere will be no gate allowed across the Common Access Driven E. ON-SITE SANITARY SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. F. EROSION CONTROL: During construction of the Addition, and after the streets have been installed, the Developer agrees to keep the adjacent streets free from soil build-up (Sleepy Hollow). The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this subdivision. When, in the opinion of the Director of Public Works, there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two(72)hours to clear the soil from the streets or affected areas. If the Developer does not remove the soil from the street within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the Developer's expense. All expenses must be paid to the City prior to acceptance of the Addition. G. AMENITIES: It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds; acsthctic lakcs,unique landscaping,walls,and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty item such as walls, vegetation, signage,landscaping, until 10A-8 such responsibility is turned over to a homeowners association or to the City in the case of the public park referenced herein Section IV,B. H. USE OF PUBLIC RIGHT-OF-WAY: 4 It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer and his successors and assigns understand that the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect City against all such claims and demands. START OF CONSTRUCTION: Before the construction of the strccts, Common Access�Drive, and the water, sewer, or drainage facilities can begin, the following must take place: ``.. 1. Approved payment and performance bonds must be submitted to the City in the name of the City prior to the commencement of any work. 2. At least six (6) sets of construction plans stamped "Released for Construction" by the City Engineer must be submitted. 3. All fees required to be paid to the City. 4. Developer's Agreement executed. 5. The Developer, or Contractor shall furnish to the City a policy of general liability insurance,naming the City as co-insured,prior to commencement of any work. 6. A pre-construction meeting between Developer and City is required. Developer or contractor shall furnish to the City a list of all subcontractors and suppliers, which will be providing greater than a $1,000 value to the Addition. 10A-9 �.., III. GENERAL PROVISIONS: A. INDEMNIFICATION DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,MAINTENANCE,OCCUPANCY,USE,EXISTENCE OR LOCATION OF SAID IMPROVEMENT OR IMPROVEMENTS, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES,INVITEES, OR TRESPASSERS. DEVELOPER AGREES TO INDEMNIFY THE CITY,ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES,CLAIMS OR LIABILITIES ARISING FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this Agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer,his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection,the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, 10A-10 servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof,to pay all expenses and satisfy all judgement which may be incurred by or rendered against them or any of them in connection herewith. D. This Agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this Agreement for which the Developer awards his own construction contract,the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. F. Work performed under the Agreement shall be completed within two (2)years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense;provided,however,that if the construction under this Agreement shall have started within the two (2) year period, the City may agree to renew the Agreement with such renewed Agreement to be in compliance with the City policies in effect at that time. G. The City is an exempt organization under Section 151,309, Tax Code, and the facilities constructed under this Agreement will be dedicated to public use and accepted by the City upon acknowledgment by the City of completion under Paragraph I.F. 1. The purchase of tangible personal property, other than machinery or equipment and its accessories, repair, and replacement parts, for use in the performance of this Agreement is, therefore, exempt from taxation under Chapter 151, Tax code, if the tangible property is: a. necessary and essential for the performance of the Agreement; and b. completely consumed at the job site. 10A-11 2. The purchase of a taxable service for use in the performance of this Agreement is exempt if the service is performed at the job site and if: a. this Agreement expressly requires the specific service to be provided or purchased by the person performing the Agreement; or b. the service is integral to the performance of the Agreement. H. Prior to final acceptance of this phase the Developer shall provide to the city 3 copies of Record Drawings of this phase, showing the facilities as actually constructed. Such drawings will be stamped and signed by a registered professional civil engineer. In addition the Developer shall provide electronic files showing the plan and profile of the sanitary sewer, storm drain, roadway and waterline; all lot lines; and tie in to the state Plane Coordinate System. IV. OTHER ISSUES: A. OFF-SITE SEWER: Subject to the acquisition of easements and the Agreement between Developer and City to a cost reimbursement schedule. Developer agrees to install sewer facilities to service lots as shown on the final plat. Sewer facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and approved by the City. Further, the Developer agrees to complete this installation in accordance with Ordinance 493 and shall be responsible for all construction costs, materials and engineering.} City recognizes that the Developer is constructing a sanitary sewer outside of the Addition which will ultimately provide sewer service to surrounding subdivisions. Developer agrees that, although not required, the sanitary sewer could be an amenity to the Addition. Therefore, Developer agrees to construct the off-site system to accommodate the current and future improvements for the area in accordance with a plan to be agreed to by and between Developer and City. City agrees to reimburse Developer the full cost of the off-site sanitary sewer and easements by including the cost of the off-site sanitary sewer and easements in a sewer special assessment program or other financing methods for the Cedar Oaks subdivision and any other adjoining subdivision which shall utilize the off-site sanitary sewer installed by Developer. Developer shall receive and City agrees to pay the cost of said sewer and easements through the above described specia; assessment program or otherwise, within a period not to exceed three (3) years. 10A-12 B. PARK FEES: The Developer has'.met with the Park Board and agrees to pay the Park Fees in accordance with the Subdivision Ordinance No. 483, Section VII, Park and Recreation Dedication Requirements. The Addition consists of 5 residential lots for a total required Park Fee of$5,000 ($1,000/each lot). C. TREE PRESERVATION ORDINANCE: All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585. SIGNED AND EFFECTIVE on the date last set forth below. Developer:: By: Title: Address: Date: ATTEST: Notary Public Type or Print Notary Name My Commission Expires 10A-13 CITY OF SOUTHLAKE, TEXAS By: Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: 10A-14 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit(L of C) must have a duration of at least one year. 2. The L of C may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The L of C must be issued by an FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The L of C must be issued by a bank that has a minimum capital ratio of six (6%)percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against L of C must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining L of C. 9. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days prior to the expiration date on the L of C held by the City. 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LG?4R1R2 _ • Area — 1.102 Acres -_' w:Area = 1 076 "Acres "'/iea s 1.091 Acres \ -t nor. ,48 019 Square Feet oc 46.890 Square Feet or,47 510 Square Feet •::,,,„. •.:._,•-•_.,.,..:,-.--::: • • , •:•• --.. _ \ __I.,....,.,7.e.-f.1- 1-': ' \ T. <IF 7r v G ay M it r•J sl•4 126 70 -,.- 123.92 • d • aSj ®•is / - �'y i °� S ti n O�.• ,S r �.` ,r �.; r.a t • • Lor 4R7R1 I Area, 1 000"Acres Area es a_43 560 Square Feet -` :r _.: ~ 43 560 Square Feet "iN -4.4 ems - ,:,,,,,•1 '. t III .'� . _.-. ,- ''qr.;... 4..".r �-x .r P"ti c � �_ : 167.47' T 00 • k,. 2211' I \ 14354'_ \ _ .... r='ar"5".s' i -ice g fiSA7 s N i �'K"cc+,. G*: - , sr tr) ---.....„.....,... Original Scale : 1" = 100' SO 100 200 CEDAR OAKS Graphic Scale in Feet 10A-17 City of Southiake, Texas MEMORANDUM M:\WP-FlIFSU-LEDP CEDAR-O\DEV-AGRWPD February 12, 1998 TO: Bob Whitehead, Director of Public Works FROM: Kevin Hugman, Acting Parks and Recreation Director SUBJECT: Park Dedication Requirements -- Cedar Oaks In accordance with Article VII of the Subdivision Ordinance, Park and Recreation Dedication Requirements, the Park Board is charged with recommending to the City Council the acceptability of any alternatives to land dedication by a developer to satisfy the requirements of this section. The Park Board reviewed the Cedar Oaks development at its February 9, 1998 meeting. The developer requested to pay fees in lieu of park land dedication. The Board voted to recommended the acceptance of fees in the amount of$5,000 ($1,000 per lot) in lieu of any park land dedication or credits. Please contact me if you have any questions. KH 10A-18 City of Southlake, Texas MEMORANDUM February 13, 1998 TO: Curtis E. Hawk, City Manager FROM: Ron Harper, City Engineer SUBJECT: Authorize the Mayor to Enter into a Developer Agreement for Cambridge Place, Phase 2, Located at a Portion West of and Adjacent to Cambridge Place, Phase 1, and a Portion South of and Adjacent to Cambridge Place, Phase 1 BACKGROUND Attached is the Developer Agreement for Cambridge Place, Phase 2. The usual requirements for performance bonds, letters of credit or cash escrow, and indemnification are incorporated in the Agreement. There are several items that need to be brought to the attention of City Council for this project. I. Off-Site Sewer The S-7 sewer line was constructed as part of Phase 1 of this project. The Developer Agreement for Phase 1 included details of the Developer and City responsibilities for this construction. The S-7 line has been constructed and is in service. The Phase 1 Developer Agreement stated that all Sewer Impact Fees would be waived for ALL Phases of Cambridge Place. The language of the Phase 1 Agreement is included as Attachment "A" to this Agreement. II. Park Fees The Developer met with the Park Board on February 9, 1998. The Park Board is recommending a credit of $8,000 which would result in a Park Fee of $68,000. A memorandum from interim Director Kevin Hugman is attached. III. Roadway Impact Fees Phase 1 of this project was platted prior to the adoption of the Roadway Impact Fee Ordinance No. 657. For Phase 1, the Developer paid Perimeter Roadway Fees ($20,057.83) and Drainage Pro-Rata Fees ($39,465.04). Phase 2 is subject to Roadway Impact Fees of$1,200 per lot ($91,200). The Developer plans on reconstructing Rainbow 10B-1 • CURTIS E. HAWK DA CAMBRIDGE PLACE, PHASE 2 FEBRUARY 13, 1998 PAGE 2 Street as a part of this project and is requesting that the cost of this reconstruction be used as credit towards the Roadway Impact Fees. The cost to construct Rainbow Street is estimated to be $59,002.47. The City has allowed for this type of credit in the past, i.e., Versailles and South Carroll Ave. but those roads were shown on the Master Thoroughfar e Plan. Rainbow Street is not shown on the Master Thoroughfare Plan, since it has been classified as a local street. This could be setting a precedent for future developments. IV. Sidewalks The Sidewalk Ordinance No. 683 requires that a Pedestrian Access Plan be submitted with the Preliminary Plat and that the plan be made a part of the construction documents. T his project was preliminary platted prior to the adoption of the Sidewalk Ordinance and is exempt from this requirement. In addition, this project is Phase 2 of a project where sidewalks were not required or built in Phase 1. RECOMMENDATION Staff's recommendation is to place the Developer Agreement for Cambridge Place, Phase 2, on the Regular City Council Agenda for February 17, 1998, for City Council review and consideration. Attachments: Developer Agreement Final Plat Exhibit Kevin Hugman Memorandum M:\W P-FILES\SUBDIV\CAMBRIDG\PHASE2\DA-MEM.WPD 10B-2 CAMBRIDGE PHASE,P,HASE2 DEVELOPER AGREEMENT 02113/98 An Agreement between the City of Southlake, Texas,hereinafter referred to as the "City," and the undersigned Developer, hereinafter referred to as the "Developer," of Cambridge Place,Phase 2, hereinafter referred to as the "Addition," to the City of Southiake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the 76 lots contained within the Cambridge Place, Phase 2 and to the off-site improvements necessary to support the Addition. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. Since the Developer is prepared to develop the Addition as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin as quickly as possible and the City is desirous of having the subdivision completed as rapidly as possible, the City agrees to release 10% of the lots, eight (8), after installation of the water and sewer mains. Framing shall not commence until water quality is approved by the City and all appropriate Fire Code requirements are satisfied,and street signs with street names are in place.Temporary all-weather metal signs securely fastened in the ground are acceptable until permanent street signs are installed. The Developer recognizes that the remaining building permits or Certificates of Occupancy for residential dwellings will not be issued until the supporting public works infrastructure including permanent street signs with block numbers and regulatory signs within the Addition have been accepted by the City. This will serve as an incentive to the Developer to see that all remaining items are completed. C. The Developer will present to the City either a cash escrow, letters of credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2)years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best-rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. 10B-3 The value of the performance bond, letters of credit or cash escrow will reduce at a \N"` rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Each request for reduction or payment of escrow funds must be accompanied by lien release(s) executed by all subcontractors and/or suppliers prior to the release of escrow funds or reduction in value of the account. Performance and payment bond, letters of credit or cash escrow from the prime contractor(s)or other entity reasonably acceptable to City, hereinafter referred to as Contractor, will be acceptable in lieu of Developer's obligations specified above. D. The Developer agrees to furnish to the City maintenance bonds, letters of credit or cash escrow amounting to 20% of the cost of construction of underground utilities and 50% of the construction cost for paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2)years and will be issued prior to the final City acceptance of the subdivision. The maintenance bonds,letters of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. If the Developer chooses to construct bar ditches in lieu of curb and gutter, and the City approves the design and grade of bar ditches, Developer understands and agrees to provide maintenance on the bar ditches for a period of two years from the date of acceptance of the Addition. Maintenance includes trash and debris cleanup,mowing, �.., and erosion control. E. Until the performance and payment bonds, letters of credit or cash escrow required in Paragraph C has been furnished as required, no approval of work on or in the Addition shall be given by City and no work shall be initiated on or in said Addition by Developer, save and except as provided above. F. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove shall be vested in the City and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities shall occur at such time that City, through its City Manager or his duly authorized representative, provides Developer with a written acknowledgment that all facilities are complete, have been inspected and approved and are being accepted by the City. G. On all public facilities included in this Agreement for which Developer awards his own construction contract,Developer agrees to the following procedure: 10B-4 1. Developer agrees to pay the following: a. Inspection fees equal to three percent (3%) of the cost of the water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing Fee equal to two percent (2%) of the cost of water, street,drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; c. Trench testing (95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for retesting as a result of failed tests; f. All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade(95% Standard); b. Technicians time for preparing concrete cylinders; and c. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and accepted by the City. H. The Developer and any third party, independent entity engaged in the construction of houses,hereinafter referred to as Builder will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen(15) days written notice, should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer or Builder for reasonable costs. 1 oB-5 Should such cost remain unpaid for 120 days after notice, the City can file a lien on such property so maintained. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. J. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. II. FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the `•., final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City. Further,the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements,the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line. Additionally, the City agrees to provide temporary water service at Developer's request and expense, for construction, testing and irrigation purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers,released by the City Engineer, and made part of the final plat as approved by the City Council. The Developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. The Developer hereby agrees to comply with all provisions of the Texas Water Code. 10B-6 �... C. LAW COMPLIANCE: Developer hereby agrees to comply with all federal, state, and local laws that are applicable to development of this Addition. D. STREETS: 1. The street construction in the Addition shall conform to the requirements in Ordinance No. 217. Streets will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City Engineer. 2. The Developer will be responsible for: a)Installation and two year operation cost of street lights,which is payable to the City prior to final acceptance of the Addition; b) Installation of all street signs designating the names of the streets inside the subdivision,said signs to be of a type,size,color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances: c) Installation of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as directed by the Director of Public Works.It is understood that Developer may put in signage having unique architectural features,however,should the signs be moved or destroyed by any means the City is only responsible for `•.- replacement of standard signage. 3. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre-planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. 1 OB-7 �...- E. ON-SITE SANITARY SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. F. EROSION CONTROL: During construction of the Addition, and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this subdivision. When, in the opinion of the Director of Public Works, there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer,the Developer will have seventy-two (72) hours to clear the soil from the streets or affected areas. If the Developer does not remove the soil from the street within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the Developer's expense. All expenses must be paid to the City prior to acceptance of the Addition. G. AMENITIES: It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes,unique landscaping,walls,and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty item such as walls, vegetation, signage, landscaping, street furniture,pond and lake improvements until such responsibility is turned over to a homeowners association or to the City in the case of the public park referenced herein Section H. USE OF PUBLIC RIGHT-OF-WAY: It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping,irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer and his successors and assigns understand that the City 10B-8 shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect City against all such claims and demands. I. START OF CONSTRUCTION: Before the construction of the streets, and the water, sewer, or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds must be submitted to the City in the name of the City prior to the commencement of any work. 2. At least six (6) sets of construction plans stamped "Released for Construction" by the City Engineer must be submitted. 3. All fees required to be paid to the City. 4. Developer's Agreement executed. �-- 5. The Developer, or Contractor shall furnish to the City a policy of general liability insurance,naming the City as co-insured,prior to commencement of • any work. 6. A pre-construction meeting between Developer and City is required. Developer or contractor shall furnish to the City a list of all subcontractors and suppliers, which will be providing greater than a $1,000 value to the Addition. III. GENERAL PROVISIONS: A. INDEMNIFICATION DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, 10B-9 EXPERT WITNESSES AND OTHER CONSULTANTS),ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,MAINTENANCE,OCCUPANCY,USE,EXISTENCE OR LOCATION OF SAID IMPROVEMENT OR IMPROVEMENTS, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES,INVITEES, OR TRESPASSERS. DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES,CLAIMS OR LIABILITIES ARISING FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this Agreement shall not constitute or be deemed to be a release of the responsibility and liability of the `•.- Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection,the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof,to pay all expenses and satisfy all judgement which may be incurred by or rendered against them or any of them in connection herewith. D. This Agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager,which shall not be unreasonably withheld or delayed. l0B-10 E. On all facilities included in this Agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. F. Work performed under the Agreement shall be completed within two (2) years from the date thereof In the event the work is not completed within the two (2) year period, the City may, at its election, draw on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense;provided,however,that if the construction under this Agreement shall have started within the two (2) year period, the City may agree to renew the Agreement with such renewed Agreement to be in compliance with the City policies in effect at that time. G. The City is an exempt organization under Section 151,309, Tax Code, and the facilities constructed under this Agreement will be dedicated to public use and accepted by the City upon acknowledgment by the City of completion under Paragraph I.F. 1. The purchase of tangible personal property, other than machinery or equipment and its accessories, repair, and replacement parts, for use in the performance of this Agreement is, therefore, exempt from taxation under Chapter 151, Tax code, if the tangible property is: a. necessary and essential for the performance of the Agreement; and b. completely consumed at the job site. 2. The purchase of a taxable service for use in the performance of this Agreement is exempt if the service is performed at the job site and if: a. this Agreement expressly requires the specific service to be provided or purchased by the person performing the Agreement; or b. the service is integral to the performance of the Agreement. H. Prior to final acceptance of this phase the Developer shall provide to the city 3 copies of Record Drawings of this phase, showing the facilities as actually constructed. Such drawings will be stamped and signed by a registered professional civil engineer. In addition the Developer shall provide electronic files showing the plan and 10B-11 profile of the sanitary sewer, storm drain, roadway and waterline; all lot lines; and tie in to the state Plane Coordinate System. IV. OTHER ISSUES: A. OFF-SITE SEWER: (See Attachment"A") B. PARK FEES: The Developer has met with the Park Board on February 9, 1998 to discuss Park Fees and credits. The Park Board has recommended,a credit of$8,000, resulting in a Park Fee of$68,000 y The Developer agrees to pay the Park Fees in accordancc with the Subdivision The Addition consists of residential lots for a total required Park Fcc of $ ($1,000/each lot). C. ROADWAY IMPACT FEES: Phase 1 of this development was platted prior to the adoption of the Roadway Impact Fee Ordinance No. 657. Phase 2 is subject to the requirements for Roadway Impact Fees. The Developer will be reconstructing Rainbow Street as part of this project. The Developer wishes to receive credit against the Roadway Impact Fees up to the value of this construction. The estimated cost of the road construction is $59,002.47 versus an impact fee of$91,200.00. D. SIDEWALKS: In order to maintain continuity with Phase 1 and to preserve existing trees, sidewalks will not be required within the addition. E. TREE PRESERVATION ORDINANCE: All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585-A. 10B-12 SIGNED AND EFFECTIVE on the date last set forth below. Developer:: By: Title: Address: Date: ATTEST: �... Notary Public Type or Print Notary Name My Commission Expires CITY OF SOUTHLAKE, TEXAS By: Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: 10B-13 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit (L of C)must have a duration of at least one year. 2. The L of C may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The L of C must be issued by an FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The L of C must be issued by a bank that has a minimum capital ratio of six (6%)percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against L of C must be permitted. 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining L of C. 9. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days prior to the expiration date on the L of C held by the City. M:\WP-FILES\SUBDI CAMBRmG\PHASE\DEV-AGRWPD 10B-14 ATTACHMENT"A" DEVELOPER AGREEMENT CAMBRIDGE PLACE, PHASE 1 (PAGE 10) The Phase 1 Developer Agreement specified responsibilities for the construction of this line. The following sections are exactly as written in the Phase 1 Agreement. IV. OTHER ISSUES: A. OFF-SITE AND/OR SEWER PRO-RATA: The sanitary sewer to serve these Additions and others in the area is the proposed S-7 line as referred to by the City. This Agreement shall specify the responsibility of both the City and the Developer in building this sewer line. 1. Developer's responsibility: a. In order to provide sanitary sewer to the Additions, the Developer agrees to pay for the cost of building the S-7 sewer line from the stub out at Bear Creek to E.Continental Blvd. The Developer shall secure the contractor and pay monthly progress payments. b. The Developer has agreed to waive the City pro-rata reimbursement for this construction. 2. City's responsibility: a. The City has hired and is working with their consultant to design the proposed line. The City shall be responsible for all design and construction surveying costs along with acquiring the necessary easements to build the S-7 sewer line. b. In the event that certain sewer lines are to be oversized, the City will reimburse the Developer for the oversize cost greater than an 8-inch line as per the City pro-rata ordinance. c. Because the Developer is building this sanitary sewer line for more than the cost of the project, there will not be any Administrative Processing Fee(2%). d. 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I i.-I Pa4ot• IP• IP 01121 il l $ gi Pi 1.141 i• 211! ., yam.__. r•1 i I� • 2: 4 fly. i i f-vc . .�11 . iabis.P. ol't " g e$.V.-: ze•et r i• {iii };; s' 1; r.&I =71I. f 3 Pg. I � ,_!::._.*4' I ri :�... •. i..Mw.o t�' I.wlw.r..l.. 1st 15 I) }s" ��ti I a?t M^ 1. .. ... f-1L1e.60.00N• • 51-h1 :_ e9;+ h"'ti}� III `^ -4_ i_._ r I asp ' k; I tlilittll - ..... -/ ! 1Lk1; 1 'Sit; ..-IAir • ! j PI i • City of Southlake,Texas MEMORANDUM February 12, 1998 TO: Bob Whitehead, Director of Public Works FROM: Kevin Hugman, Acting Parks and Recreation Director SUBJECT: Park Dedication Requirements -- Cambridge Place, Phase 2 In accordance with Article VII of the Subdivision Ordinance, Park and Recreation Dedication Requirements, the Park Board is charged with recommending to the City Council the acceptability of any alternatives to land dedication by a developer to satisfy the requirements of this section. The Park Board reviewed Cambridge Place, Phase 2 at its February 9, 1998 meeting. The • developer requested a combination of credits for amenities, and payment of fees. The Park Board voted to recommend a credit of$8,000 for 2.0 acres of floodplain open space, and the remainder of the park dedication requirements to be paid in fees in lieu of land dedication. Please contact me if you have any questions. KH L 10A-18 City of Southiake, Texas MEMORANDUM February 13, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Requested variance to Sign Ordinance No. 506-B, for PetsMart located in Village Center BACKGROUND Jim Hagle of Chandler Sign Company, representing PetsMart, has applied for variance to Sign Ordinance No. 506-B. The applicant is requesting a sign on the south elevation and a larger sign than is permitted on the east elevation. The sign ordinance permits one sign per street frontage. The applicant would like an additional sign of 200 square feet on the south elevation, although it is not technically near street frontage. He claims the driveway to the south of the structure is designed and functions as a street, therefore, the additional sign should be permitted. The applicant also requests that a 328 square foot sign plus two 30 square foot small signs be permitted on the east elevation. A 279 square foot sign is permitted on this particular elevation. The applicant states that this portion of the building faces commercial property and will not affect residential properties. RECOMMENDATION Staff recommends the requested variance to Sign Ordinance No. 506-B for PetsMart, located in Village Center, be placed on the February 17, 1998 Regular City Council Agenda for City Council review and consideration. 2"1//1/1--74- ✓CRE Attachments: Memo from Charles Bloomberg, Plans Examiner g Sign Variance Application Site Plan Sign Drawings boc-i • FEB-11-1998 17:39 FROM CITY OF SOi jT^!LAKE TO ADI11 I N OFF I E P.02 City of Southiake,Texas Live MEMORANDUM February 10,-1998 TO: Bob Whitehead, P. E., Director of Public Works FROM: Charles Bloomberg, C. B. O., Plans Examiner SUBJECT: Sign Variance Appeal for Pet'Mart at Village Center Mr. Jim Hagle of Chandler Sign Co. has applied for a variance for an additional attached sign on the south elevation of the store under construction at 200 Village Center Drive. They also have applied for a larger sign than permitted on the east elevation. The sign ordinance permits one sign facing Village Center Drive. This is an application for an additional sign facing south toward E. Southiake Blvd. There are intervening lots with the Chase Bank under construction and the proposed Room Store furniture store between Pet'sMart and Southiake Blvd. The requested signs and allowable areas are as follows: Side: Allowable area: Requested area: East 279 sf 328 sf plus 30sf small signs (kir, South 339 sf 208 sf Section 16-A of the sign ordinance limits attached signs to one per sty frontage and limits the area to 1.5 square feet for every foot of width of the building. . The sum of the requested areas is less than the sum of the allowable areas, that is the additional area requested on the east would be allowed on the south so they are in effect asking to relocate the allowable area. Please schedule this on the next available council meeting. attachments: sign variance application sign drawings site plan Coy 10C-2 FEB-11-1998 17:39 FROM CITY OF SOUTHLAKE TO ArrIN OFFICE F.03 CITY OF S February 6, 1995 SIGN VAAI= 9LICATION Lipme anbt_rra�er ,�. .� g1128_(i f different 1 Mini: ng UTsMARTs ID_g. ADDB14S8_ - 146DI N. 27th Avenue phoenix. AZ 85027 PRONE: - 5602)580-6100 PAX: 214 902-20 4 (602)580-6509 Z4Ci! C.9K vier he yari�.":'i ism'^Q MANN OP ROSINESS OR OPERATION: PETsHART PHYSICAL ADDRIMS: 200 Village Center Drive Sputhlake, TX =SAL DESCRIPTION : Lot ! 3 Block Z Subdivision Village Center Phase 2 i hereby certify that this application is complete as per the requirements of Sign Ordinance No. 506 as summarS sad beam. I tur'tber l.-'d*-xtood that it is naoaoaary to bavo representative at the City Council meeting who is authorised to discuss this request, address any unresolved is -, and ..rove ebaag , if any. Applicant's Signature- , ,, I Y• t140711 Date:.?-/4191 Por City nee Onlye I hereby a knowl receipt of the sign variance application and the appliatioa fee in the amount of $ lOO on this the day of , Signed: Title: rho following checklist i e SUMMaiy wr isquiremelts for sign variance requests as required by the City of s e. The applicant lh uld further refer to the sign Ordinance No. 50S and , and other ordinances maps, aid codes available at the City Dall that may to this sign variance *Feet. Complstsd rigs variance request application. N Completed demonstration of conditions'applicable to the requested variance (see attached), Sits plan the location of the'sign variance request and any other signs that orm to or are exemptom the sign ordinance. The site plan shall also cats the policing, landscaped areas, parking 4 approaches and adjoining R.O.W. 3 scaled and dillensioned elevations of.-the signs for which the variance is requested. For attached signs, the elevations shall show the building, the sign for Shic. the variance is ceques ed, and any other signs that conform to or are exempt exam chit sign ordinance L • 10C-3 . FEB-11-199e 17:4 J FROM CITY OF POUT-LAKE TO ADc 1 I N OFFICE P.04 Desponetration D1si- Iz t T,r..�tbes f Lloc n nn slaus azr c ilp try the zawestralatisaListrui=. I. That a liLtral enforcement of the sign regulations will. create an unnecessary hardship or practical difficulty on the applicant. PETsMART desires an extra set of channel letters installed on the South elevation of the building in order to increase their visibility to Southlake Blvd. The driveway on the south side of the lot is designed and functioned as a street although it is not dedicated as a street. The ordinance will permit a larger sign on the south ,ide and the smaller sign on the east side. 2. That the situation causing the unnecessary hardship or practical difficulty is unique to the effectcd property and is not self imposed. The front elevation of PETsMART faces east and not the mien street of Southlake Blvd. The property was already plotted before PKT &&T purchased the property. 3. That the fiance will nut injure and will be wholly compatible with the use and permitted development of adjacent properties. If this variance is granted, the placement of the signage an the south elevation will not pose a hinderance to the adjacent properties. The larger sign (east) is facing commercial property so it will have th elasse impact on any residential area. 4. That tna variance will be in haxmoay with the spirit and purpose of the sign ordinance. The purpose of a sign ordinance is to provide adequate and viewable sigasge in such as they will not be hindered in displaying their marketing message to the public at large. 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A � ( c -, _ mug0 _ 0 £ .!;! m 9wo §. § ® *z 7e§» ®§§ # z z in Erg CI [2[ Q. ) § W} ] <) I 2co ! = I- =]w . . ) `§{ Z WoI7m < k2 -I2 k z ) R 0. § L o § . � k \ § / k \ +? 22«w zz&, # ' K e. «m:« 2 « . \/ »> we. / f i ri 0 I ƒ c � , ; Zr, § § § re | B z z )u. q E q §0 wm m § _ ° > w G 4 me \I §$ k Ec - [( 5R wz ( z -II- -k� �I A * O «! =g» *>� z w { 0 § .W )2� l—O- -ow , 2 E IN a«w >@ <W- y , Y °•6 u - <to mos ! & 0 (Oct »§§ §$2 §)) B ; $ in um ww2 «.n z 2 0 lid 22OD ( ,ow 5 ,= ;77 g �$q §\§ § # W ` )Iu, b§R [2� -0) S ® 0 � 2B|� # L, (�( 031-0 ....,_1.<\ ow, -i W \ W ore §|0k k .c u 4@ R <-= 0 cc co « w z A z ooeeeeoc ( 2ilki5 ! 2 :ce00000 , |M� ,o k a igtlik! City of Southlake, Texas MEMORANDUM Cfry February 13, 1998 I � TO: Curtis E. Hawk, City Manager FROM: Ron Harper, City Engineer SUBJECT: Authorize the Mayor to Enter into a Developer Agreement for Southlake Woods, Phase 3, Located North of E. Continental Blvd., West of Peytonville Ave., East of Davis Blvd., and South of W. Southlake Blvd. BACKGROUND Attached is the Developer Agreement for Southlake Woods, Phase 3. The usual requirements for performance bonds, letters of credit or cash escrow, and indemnification are incorporated in the Agreement. This is a standard Developer Agreement with no modifications. There are no variances to the standard Agreement. Even though this is an Agreement for Phase 3, work has not begun on Phases 1 and 2. This Developer, at the suggestion of Council, obtained a second access point to the northern portion of the project by purchasing the Stonebury Addition. This purchase shifted the order of development to the northern . portion of Southlake Woods rather than the southern. The Developer Agreements for Phases 1 and 2 are still in force; however, if they reach their two-year expiration, the Agreements will need to be resubmitted (Phase I - March 1999, Phase II - April 1999). The Developer met with the Park Board on February 9, 1998. The Board recommended that the Developer pay Park Fees in the amount of $69,000. A memorandum from interim Director Kevin Hugman is attached. RECOMMENDATION Staff's recommendation is to place the Developer Agreement for Southlake Woods, Phase 3 on the Re:ular 'ty Council Agenda for February 17, 1998, for City Council review and consideration. or ..,/-�TAP" Attachments: Developer Agreement Final Plat Exhibit Kevin Hugman Memorandum M:\WP-FILES\SUBDIV\SL-WOODS\PHASE3\DA-MEM.WPD 10D-1 SOUTHLAKE WOODS,PHASE 3' DEVELOPER AGREEMENT 02t13l9,8 An Agreement between the City of Southlake, Texas, hereinafter referred to as the "City," and the undersigned Developer, hereinafter referred to as the "Developer," of Southlake Woods, Phase 3, hereinafter referred to as the "Addition," to the City of Southlake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the 69 lots contained within the Southlake Woods, Phase 3 and to the off-site improvements necessary to support the Addition. GENERAL REQUIREMENTS: A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. Since the Developer is prepared to develop the Addition as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin as quickly as possible and the City is desirous of having the subdivision completed \k.— as rapidly as possible, the City agrees to release 10% of the lots, eight (8), after installation of the water and sewer mains atIliatTs§qy dramage" t:fo,Vb is. Framing shall not commence until water quality is approved by the City and all appropriate Fire Code requirements are satisfied, and street signs with street names are in place. Temporary all-weather metal signs securely fastened in the ground are acceptable until permanent street signs are installed. The Developer recognizes that the remaining building permits or Certificates of Occupancy for residential dwellings will not be issued until the supporting public works infrastructure including permanent street signs with block numbers and regulatory signs within the Addition have been accepted by the City. This will serve as an incentive to the Developer to see that all remaining items are completed. C. The Developer will present to the City either a cash escrow, letters of credit, performance bond or payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2)years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best-rated bonding company. All letters of credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and incorporated herein. 10D-2 The value of the performance bond, letters of credit or cash escrow will reduce at a rate consistent with the amount of work that has been completed by the Developer and accepted by the City. Each request for reduction or payment of escrow funds must be accompanied by lien release(s) executed by all subcontractors and/or suppliers prior to the release of escrow funds or reduction in value of the account. Performance and payment bond, letters of credit or cash escrow from the prime contractor(s)or other entity reasonably acceptable to City, hereinafter referred to as Contractor,will be acceptable in lieu of Developer's obligations specified above. D. The Developer agrees to furnish to the City maintenance bonds, letters of credit or cash escrow amounting to 20% of the cost of construction of underground utilities and 50% of the construction cost for paving. These maintenance bonds, letter of credit or cash escrow will be for a period of two (2)years and will be issued prior to the final City acceptance of the subdivision. The maintenance bonds,letters of credit or cash escrow will be supplied to the City by the contractors performing the work, and the City will be named as the beneficiary if the contractors fail to perform any required maintenance. If the Developer chooses to construct bar ditches in lieu of curb and gutter, and the City approves the design and grade of bar ditches,Developer understands and agrees to provide maintenance on the bar ditches for a period of two years from the date of acceptance of the Addition. Maintenance includes trash and debris cleanup,mowing, �-- and erosion control. E. Until the performance and payment bonds, letters of credit or cash escrow required in Paragraph C has been furnished as required, no approval of work on or in the Addition shall be given by City and no work shall be initiated on or in said Addition by Developer, save and except as provided above. F. It is further agreed and understood by the parties hereto that upon acceptance by City, title to all facilities and improvements mentioned hereinabove shall be vested in the City and Developer hereby relinquishes any right, title, or interest in and to said facilities or any part thereof. It is further understood and agreed that until the City accepts such improvements, City shall have no liability or responsibility in connection with any such facilities. Acceptance of the facilities shall occur at such time that City, through its City Manager or his duly authorized representative, provides Developer with a written acknowledgment that all facilities are complete, have been inspected and approved and are being accepted by the City. G. On all public facilities included in this agreement for which Developer awards his own construction contract,Developer agrees to the following procedure: 10D-3 1. Developer agrees to pay the following: a. Inspection fees equal to three percent (3%) of the cost of the water, street,drainage and sanitary sewer facilities, on all facilities included in this agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing Fee equal to two percent(2%) of the cost of water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; c. Trench testing(95% Standard); d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for retesting as a result of failed tests; f. All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade(95% Standard); b. Technicians time for preparing concrete cylinders; and c. Concrete cylinder tests and concrete coring samples. The City can delay connection of buildings to service lines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and accepted by the City. H. The Developer and any third party, independent entity engaged in the construction of houses,hereinafter referred to as Builder will be responsible for mowing all grass and weeds and otherwise reasonably maintaining the aesthetics of all land and lots in said subdivision which have not been sold to third parties. After fifteen(15)days written notice, should the Developer or Builder fail in this responsibility, the City may contract for this service and bill the Developer or Builder for reasonable costs. 10D-4 Should such cost remain unpaid for 120 days after notice, the City can file a lien on such property so maintained. Any guarantee of payment instrument (Performance Bond, Letter of Credit, etc.) submitted by the Developer or Contractor on a form other than the one which has been previously approved by the City as "acceptable" shall be submitted to the City Attorney for the City and this Agreement shall not be considered in effect until such City Attorney has approved the instrument. Approval by the City shall not be unreasonably withheld or delayed. J. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas,provided that the City, through the City Manager, shall retain the right to reject any surety company as a surety for any work under this or any other Developer's Agreement within the City of Southlake regardless of such company's authorization to do business in Texas. Approval by the City shall not be unreasonably withheld or delayed. II. FACILITIES: A. ON SITE WATER: The Developer hereby agrees to install water facilities to service lots as shown on the final plat of the Addition. Water facilities will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City. Further,the Developer agrees to complete this installation in accordance with Ordinance No. 170 and shall be responsible for all construction costs, materials and engineering. In the event that certain water lines are to be oversized because of City requirements,the City will reimburse the Developer for the oversize cost greater than the cost of an 8" line and elated app r enance . Additionally, the City agrees to provide temporary water service at Developer's request and expense,for construction, testing and irrigation purposes only, to individual lots during the construction of homes, even though sanitary sewer service may not be available to the homes. B. DRAINAGE: Developer hereby agrees to construct the necessary drainage facilities within the Addition. These facilities shall be in accordance with the plans and specifications to be prepared by Developer's engineers,released by the City Engineer, and made part of the final plat as approved by the City Council. The Developer hereby agrees to fully comply with all EPA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval by the City. The Developer hereby agrees to comply with all provisions of the Texas Water Code. 10D-5 ` C. LAW COMPLIANCE: Developer hereby agrees to comply with all federal, state, and local laws that are applicable to development of this Addition. D. STREETS: 1. The street construction in the Addition shall conform to the requirements in Ordinance No. 217. Streets will be installed in accordance with plans and specifications to be prepared by the Developer's engineer and released by the City Engineer. 2. The Developer will be responsible for: a)Installation and two year operation cost of street lights,which is payable to the City prior to final acceptance of the Addition;b) Installation of all street signs designating the names of the streets inside the subdivision,said signs to be of a type,size, color and design standard generally employed by the Developer and approved by the City in accordance with City ordinances: c) Installation of all regulatory signs recommended by the Manual on Uniform Traffic Control Devices and as directed by the Director of Public Works.It is understood that Developer may put in signage having unique architectural features,however,should the signs be moved or destroyed by any means the City is only responsible for ``.. replacement of standard signage. 3. All street improvements will be subject to inspection and approval by the City. No work will begin on any street included herein prior to complying with the requirements contained elsewhere in this Agreement. All water, sanitary sewer, and storm drainage utilities which are anticipated to be installed within the street or within the street right-of-way will be completed prior to the commencement of street construction on the specific section of street in which the utility improvements have been placed or for which they are programmed. It is understood by and between the Developer and the City that this requirement is aimed at substantial compliance with the majority of the pre-planned facilities. It is understood that in every construction project a decision later may be made to realign a line or service which may occur after construction has commenced. The Developer hereby agrees to advise the City Director of Public Works as quickly as possible when such a need has been identified and to work cooperatively with the City to make such utility change in a manner that will be least disruptive to street construction or stability. 10D-6 E. ON-SITE SANITARY SEWER FACILITIES: The Developer hereby agrees to install sanitary sewerage collection facilities to service lots as shown on the final plat of the Addition. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer's engineer and released by the City. Further, the Developer agrees to complete this installation in compliance with all applicable city ordinances, regulations and codes and shall be responsible for all construction costs, materials and engineering. F. EROSION CONTROL: During construction of the Addition and after the streets have been installed, the Developer agrees to keep the streets free from soil build-up. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, etc., to prevent soil erosion. It will be the Developer's responsibility to present to the Director of Public Works a soil control development plan that will be implemented for this subdivision. When, in the opinion of the Director of Public Works, there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer,the Developer will have seventy-two (72)hours to clear the soil from the streets or affected areas. If the Developer does not remove the soil from the street within 72 hours, the City may cause the soil to be removed either by �... contract or City forces and place the soil within the Addition at the Developer's expense. All expenses must be paid to the City prior to acceptance of the Addition. G. AMENITIES: It is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes,unique landscaping,walls,and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty item such as walls, vegetation, signage, landscaping, street furniture,pond and lake improvements until such responsibility is turned over to a homeowners association. H. USE OF PUBLIC RIGHT-OF-WAY: It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping,irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer and his successors and assigns understand that the City shall not be responsible for the replacement of these amenities under any 10D-7 circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect City against all such claims and demands. I. START OF CONSTRUCTION: Before the construction of the streets, and the water, sewer,or drainage facilities can begin, the following must take place: 1. Approved payment and performance bonds must be submitted to the City in the name of the City prior to the commencement of any work. 2. At least six (6) sets of construction plans stamped "Released for Construction" by the City Engineer must be submitted. 3. All fees required to be paid to the City. 4. Developer's Agreement executed. 5. The Developer, or Contractor shall furnish to the City a policy of general �... liability insurance,naming the City as co-insured,prior to commencement of any work. 6. A pre-construction meeting between Developer and City is required. Developer or contractor shall furnish to the City a list of all subcontractors and suppliers, which will be providing greater than a $1,000 value to the Addition. III. GENERAL PROVISIONS: A. INDEMNIFICATION DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS),ARISING OUT OF 10D-8 OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION,MAINTENANCE,OCCUPANCY,USE,EXISTENCE OR LOCATION OF SAID IMPROVEMENT OR IMPROVEMENTS, AND SHALL FURTHER BE LIABLE FOR INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES,INVITEES, OR TRESPASSERS. DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES,CLAIMS OR LIABILITIES ARISING FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES. B. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the City Engineer or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, employees, officers or agents for the accuracy and �.. competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by the consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City Engineer signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection,the Developer shall for a period of two (2) years after the acceptance by the City of Southlake of the completed construction project, indemnify and hold harmless the City, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the City, its officers, agents, servants or employees, or any of them, on account thereof,to pay all expenses and satisfy all judgement which may be incurred by or rendered against them or any of them in connection herewith. D. This agreement or any part thereof or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager,which shall not be unreasonably withheld or delayed. 10D-9 E. On all facilities included in this agreement for which the Developer awards his own construction contract,the Developer agrees to employ a construction contractor who is approved by the City, and whose approval shall not be unreasonably withheld or delayed, said contractor to meet City and statutory requirements for being insured, licensed and bonded to do work in public streets and to be qualified in all respects to bid on public streets and to be qualified in all respects to bid on public projects of a similar nature. F. Work performed under the agreement shall be completed within two (2)years from the date thereof. In the event the work is not completed within the two (2) year period, the City may, at its election, draw on the performance bond, letter of credit or other security provided by Developer and complete such work at Developer's expense;provided,however,that if the construction under this agreement shall have started within the two (2) year period, the City may agree to renew the agreement with such renewed agreement to be in compliance with the City policies in effect at that time. G. The City is an exempt organization under Section 151,309, Tax Code, and the facilities constructed under this Agreement will be dedicated to public use and accepted by the City upon acknowledgment by the City of completion under Paragraph I.F. `... 1. The purchase of tangible personal property, other than machinery or equipment and its accessories, repair, and replacement parts, for use in the performance of this Agreement is, therefore, exempt from taxation under Chapter 151, Tax code, if the tangible property is: a. necessary and essential for the performance of the Agreement; and b. completely consumed at the job site. 2. The purchase of a taxable service for use in the performance of this Agreement is exempt if the service is performed at the job site and if: a. this Agreement expressly requires the specific service to be provided or purchased by the person performing the Agreement; or b. the service is integral to the performance of the Agreement. H. Prior to final acceptance of this phase the Developer shall provide to the city 3 copies of Record Drawings of this phase, showing the facilities as actually constructed. Such drawings will be stamped and signed by a registered professional civil engineer. In addition the Developer shall provide electronic files showing the plan and profile of the sanitary sewer, storm drain, roadway and waterline; all lot lines; and tie in to the state Plane Coordinate System. 10D-10 IV. OTHER ISSUES: A. PARK FEES: The developer agrees to pay the Park Fees in accordance with the Subdivision Ordinance No. 483, Section VII, Park and Recreation Dedication Requirements. The Addition consists of 69 residential lots for a total required Park Fee of $69,000. B. TREE PRESERVATION ORDINANCE: All construction activities shall meet the requirements of the Tree Preservation Ordinance No. 585. SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER:: By: Title: Address: Date: ATTEST: Notary Public 10D-11 Type or Print Notary Name My Commission Expires CITY OF SOUTHLAKE, TEXAS By: Rick Stacy, Mayor ATTEST: Sandra LeGrand, City Secretary Date: 10D-12 REQUIREMENTS FOR IRREVOCABLE LETTER OF CREDIT 1. The Letter of Credit (L of C) must have a duration of at least one year. 2. The L of C may be substituted for utility security deposits exceeding $10,000.00. The City reserves the right to specify the face amount of the letter of credit. 3. The L of C must be issued by an FDIC insured bank in a form acceptable to the City of Southlake. The City reserves the right to approve/disapprove the bank issuing the Letter of Credit. 4. The L of C must be issued by a bank that has a minimum capital ratio of six(6%)percent, and has been profitable for each of the last two consecutive years. 5. The customer must provide the City with supporting financial information on the bank to allow the City to ascertain requirements are met. Suitable financial information would be the previous two (2) years December 31 Call Reports submitted to the FDIC and audited financial statements. 6. Partial drawings against L of C must be permitted. '�... 7. The City must be able to draft on sight with proof of amount owed. 8. The customer pays any and all fees associated with obtaining L of C. 9. Expiring letter of credit must be replaced by substitute letters of credit at least 30 days prior to the expiration date on the L of C held by the City. N-WP-F LESlSUBDIVISLWODDS\PHASFJ\DEV-AGRWPD 10D-13 t tie. rtri„ mn••��nwe l?t2 + :n+t�Na..}.I'>s.larn3nana/ :ltl� Hi •sCCsFr; s343escrt:c F i 0 I i4t.tilettlili Itijilt�;. 'i 4' s- jeer - ,u 0 a tllil I,tll� I li Illilj j li;T:? U) - z" 4 �gIIyy Nf f•Izl>t yy . -r \YrF aIq'I�11 N I�g2itl.!./''4q/1 tul I•�Ja�f � ek 0 „.3 W F w a N 1 -i ; ',1.11 tr}:I! I I I I I s'?-1 ra r: o 1-- `_ a it .iijri'�u•n+lq mlin'ii�!:I+liiii. I'g° _ 0 o a t� s a z Iz !+I I' O w N w V • Nt••} bt:F r a 4 t^ J I' c Q 1-_ a : ad._/i::Iry+1a i,1�11�i' nalthF I (b*e.: i: -1 ,; ' si • _ yyb'~'l0�x`fbb'-'c1/hbl:bl i s W ~: I . 0 w ;:i...0i0 v wi}31:aaN I_.I 7i } N o m o: m g liigilOgA .F;;;Iii ':Ias_ I :Ii,i _, -•t Q Q.d=- m m m-_ • c I - Q -I . •a m a. V ! .' .+ th 7 ; - S rI z v 0. W: 0 W - '1 o -3- a - W '4:222.g121 4 �i Q a z -S s • .!;, .;:,: ,a E —•r < 3 : ;�Fra I_ Q•) 3" W'>i 19i1 111A4 . i I f 3 7I !I ! M. l.Yw+.Y 7 Y y 1 j'�jil'I 11 i1 2 i IaI Ir-II I•••z r.. 5 LL.� II cn , g 1 I, 1 I I - j - _ -._ 11 I i _- � I I ` •� --:�rt'Ltz.CcaosYw a � I,-. t I 3n1ao Aan63Nois .� i? " • • Fltri I. irx.La.cwot .sue St �.u.r �.. `"n r +f } ---•�.: :- ....... f• I .. t,. .t •� �) siu 4. ,... .7... Mi '! !. : i - , . PI ii - 7. . e' ", ...i.,,4,.. :1,- -74--Zg . L ::: se:i w tl.1Nly;•. Hb! N ''- ~r4 .. �t 7 t iI : _ :P; Ai t7It I ..:- »r' • i 3a 1 ! I ! _ • t L .�.. ^b• � ' as w - !, • � -, 3lA N N »^Y111•1 Z 4.4 _ t - M + ili LOC w.tltotw . is, - - Y. - !- - # 7 --- ]: '; = i seI w .1>K e.ztatoo.. i ....I`ts I . • 'let•1 •...•o. • --/t —I +o • '---- x eke I 3}v I • i i • �_ LB -- - t i SIAV0 L $ - -- ----t RI Y 10D-14 • • • J City of Southlake,Texas MEMORANDUM February 12, 1998 TO: Bob Whitehead, Director of Public Works FROM: Kevin Hugman, Acting Parks and Recreation Director SUBJECT: Park Dedication Requirements -- Southlake Woods Phase 3 In accordance with Article VII of the Subdivision Ordinance, Park and Recreation Dedication Requirements, the Park Board is charged with recommending to the City Council the acceptability of any alternatives to land dedication by a developer to satisfy the requirements of this section. The Park Board reviewed Southlake Woods Phase 3 at its February 9, 1998 meeting. The developer requested payment of fees to meet the park dedication requirements. The Park Board voted to recommend the acceptance of fees in lieu of park land dedication. Please contact me if you have any questions. KH L 10D-15 City of Southlake,Texas MEMORANDUM February 13, 1998 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Homestead Exemption Comparison Councilmembers have asked for information regarding the optional homestead exemption. Section 11.13 of the Property Tax Code allows a city to adopt a local-option percentage homestead exemption. April 30th is the last day that this local-option may be adopted by a city. Attached is an analysis of the impact that adopting a local-option percentage homestead exemption would have had on the 1997-98 property tax revenues. The Tarrant Appraisal District's records indicate that the average home value in Southlake is $244,000. There are 4,950 single family residential accounts, which I've assumed 95% are owner-occupied. The minimum homestead amount that can be adopted by law is $5,000, therefore the first column reflects the $5,000 for each homestead. The second and third columns shows the changes using 10% and 20% exemption amounts. Using the 1997-98 taxable property values, adopting the minimum $5,000 exemption would result in a $99,170 reduction of property tax revenues. For the 10% exemption, a $483,950 reduction of property tax revenues is estimated, and $967,899 for 20%. The 1997-98 taxable property value in Southlake is 75% residential, 14% commercial/industrial/utilities, and 11% is acreage/vacant lots/real property inventory. Currently, the City offers a $50,000 over-65 homestead exemption, and a $50,000 disabled person exemption. LAH L ///?^/ • i ✓ r- Lor• c)! of o 0 o c�i rn rn rn EA i O' o o o co N 0 o' v o o r� n o a.. a) o a 0 N CO.) coe O N (NJ C11 CC Cr; Cc N t: CV N o • to N CO ER e- e- I I 1 6R ER ER 6R u) 1 EA 1 6R 0 0; 0 O O O O I-I f� e- O N. CD 0 to e 0 6R 0!i 0 0 O a) N Q 0 N CO Cr) e 0 o N LOC)- 1- M O O e- V' LO e- sr 64 e- 1- EA' ER Ef3 ER EA 6R EA O co j i0 O 0 O 0 Q0) �O 0 Tiy 0 - O co co , o 0 Q O I N COA to a) o N 0 C. 6R N O M CO o d H 0 Nr LO N CN d a 0 to v). 6R ER ER. ER 6R 10 en a)C co J a O O. I e— L . E a. O 09 0 c ti I O (I) tr. cm i " Z' c C) C = V (D LLI 30 p O o To in f CQ 0 C c C I Q) =O X 0 0 0 a) 1 to co0 a f � a) C 0 X a 00 cod 7 E 10 c O a O ,�0 = a N t C 0 a) A O c j-0p 1... E _ CO CD K 4- >II 0 0 0 r a) 'a)! I a a) m O • j a) 11 d co • 0 0 O .� 0 .. f. � `� c > C. O Cas >, a) > o m 2 a CD rn a) E Q. > a) rn a', N E f° X = c d l ',6(7) -coo or 0 a) asas I CD "CI 0cn L, , rn a)I a) rn n Cl) _o, o v m Ta xj E x c I— I—0 co I 1 Z i > I cC cC I— < //4 City of Southlake, Texas(kir' MEMORANDUM February 13, 1998 TO: Curtis E. Hawk, City Manager FROM: Bob Whitehead, Director of Public Works SUBJECT: Traffic Management Study - F.M. 1709 During the City Council Work Session on February 10, 1998, Council was unable to discuss the F.M. 1709 Traffic Management Study due to time constraints. Attached is the information prepared for that session for their discussion during the February 17, 1998 Regular City Council Meeting. CRE Attachments: Memo from Ron Harper, City Engineer Letter from Larry Hoffman, dated August 7, 1997 Technical Memorandum • 11B-1 City of Southiake, Texas -- Lie MEMORANDUM February 6, 1998 TO: Curtis E. Hawk, City Manager FROM: Ron Harper, City Engineer SUBJECT: Traffic Management Study - F.M. 1709 Over the past several months, staff has had the city's traffic consultants conduct studies on the future management opportunities for F.M. 1709. We have apprised City Council of the results of these studies during the June retreat,budget briefings and normal Council Meeting updates. This is an opportunity to combine and summarize the findings to date, to layout the next steps, and to obtain proper direction and consensus from the City Council. Lime The studies and issues that need to be discussed include: 1. TRAFFIC SIGNALIZATION STUDY 2. MEDIAN STUDY 3. THIRD-LANE STRIPING 4. INTERSECTION IMPROVEMENTS 5. DECELERATION LANES 6. VILLAGE EAST CIRCULATION STUDY 1. TRAFFIC SIGNALIZATION STUDY HDR Engineering was retained to perform a F.M. 1709 Traffic Signal Study. Their report was delivered to the city on August 8, 1997. This report confirmed staff's opinion that the signals along F.M. 1709 should and could be coordinated by means of a centralized computer system. (A copy of the study is attached for your use.) Staff is currently preparing a Request for Proposal for the design of this coordinated system. Funding for this project was placed in the 1998-1999 budget cycle. Two traffic signal projects have been designed and submitted to TxDOT for approval: F.M. 1709 at Shady Oaks and F.M. 1709 and Commerce St. Funding for these two projects was included in the 1997-1998 budget. 11B-2 CURTIS E. HAWK TRAFFIC MANAGEMENT STUDY- F. I. 1709 (b." FEBRUARY 6, 1998 PAGE 2 2. MEDIAN STUDY HDR Engineering was asked to look at two specific areas on F.M. 1709 to determine methods of controlling access to drives and roadway in high traffic areas: Woodland Heights and Peytonville Ave. The city used the HDR recommendations for the channelization done in the Woodland Heights/Miron area. The recommendations for the traffic management at Peytonville Ave. has resulted in a portion of the work to be done with the development on the northeast corner. Funds for the engineering of the ultimate redesign of this area were allocated in the 1997-1998 budget, construction funds are planned for 1998-1999. We have received a proposal from Lee Engineering to provide information on access management and median design. The purpose of this study will be to identify advantages and disadvantages of medians and to develop criteria for the location of median breaks. There is very little technical guidance relative to the use of medians except in areas subject to high volumes of accidents and to prevent cross traffic across multiple lanes of traffic. The decision to install medians is often more of a policy decision than an engineering decision. 3. THIRD-LANE STRIPING Most of the traffic studies that have been received over the past year show that the addition of a third-lane on F.M. 1709 is warranted. Typical engineering guidelines allocate 7,000 vehicles per day per lane for this type of roadway (both directions) which is equilvant to 28,000 vpd. Recent studies have shown counts in excess of 30,000 vehicles per day and approaching 35,000 vehicles per day. Lee Engineering has estimated that to convert the current left-lane to a through travel lane would cost approximately S13,000 per mile. F.M. 1709 is approximately seven miles long for a cost of S91,000. At this time it is unlikley that TxDOT will contribute funds. 4. NTERSECTION IMPROVEMENTS Two intersections have been identified for major improvements: Peytonville Ave. and White Chapel Blvd. Peytonville Ave. was discussed in conjunction with the median study. Funding for White Chapel Blvd. has been allocated in the 1997-1998 budget and proposed for 1998-1999; however, no engineering contract has been awarded. 5. DECELERATION LANES (40., With the eventual expansion of F.M. 1709 to three travel lanes in each direction, the city needs to address requiring developers to dedicate the necessary right-of-way and 11B-3 CURTIS E. HAWK TRAFFIC MANAGEMENT STUDY-F.M. 1709 Ls" FEBRUARY 6, 1998 PAGE 3 to construct deceleration lanes into their project. The need for these is obvious; however, the spacing and frequency for the lanes is less clear. Staff feels that deceleration lanes need to be required at almost all new public roads. Staff is also working with out traffic consultants to establish criteria in detemining the best locations other than public roads. Council will be consulted once the draft criteria have been developed. 6. VILLAGE EAST CIRCULATION STUDY Community Development has been spearheading this study. A memorandum from Director Last is attached. SUMMARY Staff will expand on all the above items during the work session and will be seeking further direction from Council. Attachments L 118-4 August 7. 1997 Mr. Robert R. Whitehead. P.E. Director of Public Works City of Southlake 667 North Carroll Avenue Southlake. Texas 76092 Re: FM 1709 Traffic Signals. Geometrics and Medians Study Dear Mr. Whitehead: In accordance with our agreement for engineering services for the above-referenced study, we are pleased to submit the attached Technical Memorandum, which documents the results of the signal system evaluation. Based on the evaluation, it is recommended that the traffic signals along FM 1709 be coordinated and that FM 1709 should be restriped to provide three through lanes in each direction. Optimum locations for future traffic signals along FM 1709 are also identified in the Technical Memorandum. Thank you for the opportunity to provide these services to the City of Southlake. If you have any questions, comments, or concerns regarding this transmittal. please contact me. Sincerely, • A41-07)/k*"`-‘4-7— Larry V. Hoffman. P.E. Senior Project Manager Enclosure RECEIVED 'j r E '997 • DEPT.OF PUBLIC WORKS L HOR Engineering;Inc. Suite 125 Telephone 12700 Hillcrest Road 972 960-4000 Dallas, Texas Fax Employee-ownea 75230-2096 972 960-4471 11B-5 Technical Memorandum TO: Larry V. Hoffman. P.E. HDR FROM: Joseph T. Short, P.E. Kelly Parma Lee Engineering, Inc. DATE: August 6, 1997 SUBJECT: FM 1709 Signal System Evaluation Introduction This memorandum presents the results of the evaluation of the signal system on FM 1709, a five-lane East-West major arterial in Southlake, Texas. The section of FM 1709 evaluated consisted of eight signalized intersections, bounded by the intersection of FM 1709 with Pearson Lane on the West and Kimball Avenue on the East. Existing intersection lane configurations and distances between signals for FM 1709,which had a posted speed of 45 mph,can be seen in Figure 1. At the signalized intersections on FM 1709, opposing left turns from FM 1709 are leading and are allowed during the protected phase only. All of the signals for the North-South cross streets operate with split phasing except Kimball Avenue. The signal at Kimball Avenue allows the North- South movements to operate simultaneously, providing only a permitted phase for left-turns. Objectives In evaluating the signal system on FM 1709,there were three objectives. The first objective was to determine if signal coordination was needed along FM 1709. If signal coordination was necessary, an optimized progression plan was to be developed for those intersections on FM 1709 during peak periods of the day (AM, noon, PM). The second objective was to identify locations for future signalized intersections on FM 1709 with minimal impact on the signalized progression plan. The final objective of this study was to investigate the necessity of a third through lane on FM 1709. Analysis The existing. signal system on FM 1709 was evaluated by obtaining two types of data, 24- hour volume counts and turning movement counts. Twenty-four hour volumes were obtained at the following five locations on FM 1709: • Between Pearson Lane and Davis Boulevard, • Between Davis Boulevard and Peytonville Avenue, • Between Southridge Lakes Parkway and White Chapel Boulevard, 11 B-6 I N - -. < cz XiG , Z C 0. , _ ,,... 0, >, 3 - G �1 d ,. 5' & t7 um > '� Ili t /4' iii FEo W '1 C ate '" - imI 5 i m� Ire r IL mal o sv j U -24,, .... ,t, J;;` In K W ll� o -c ^I r l u i V. v I• u N i • N V j Jrr� I ' _W CO I , , 3 I �//,~ C d Q O S z W 3Ct / 0 tn -N11....- , LL / " Z Z < > • I"1 $1 p z o� \ "'r" + ^1 0 x a V) 0 y �,Il.r , W 0 e o- u Z Z 8 J Q U a n n I- , t N os Zo � !�� ; N Q 'o i X 0 La S V��//) W N 2 CD Z e Q F z .1;� L 1 2 JII ir Z � / 1 Qr n a 4 n c° 118-7 • Between White Chapel Boulevard and Carroll Avenue. and • Between Kimball Avenue and State Highway 114. These 24-hour volume counts were used in performing a coupling analysis of FM 1709. This type of analysis is used in determining the need for traffic signal coordination. The equation used to compute the coupling index is shown below: I = V / L where: I = Coupling index, V = Two-way peak hour volume on link (vehihr), and L = Length of roadway section (ft). According to the ITE Traffic Engineering Handbook, intersections with a coupling index of 0.5 or greater during peak traffic periods should be coordinated. A coupling index between 0.3 and 0.5 indicates that signal coordination should be considered. Turning movement counts were collected at the eight signalized intersections on FM 1709 during weekday AM, noon, and PM peak hour traffic periods. These turning movement counts and other characteristics of the eight intersections were used as input for the computer software programs in optimizing the signalized intersections. Signal phasing options were limited to the existing Le phasing conditions. Additional efficiency could be gained by implementing alternate phasing patterns at some intersections. Two transportation software packages, Synchro 3 and PASSER II, were used in evaluating the signal system on FM 1709. Both packages are microcomputer software packages used to model and optimize traffic signal timings. Synchro 3 was used to manage the data of this study, while PASSER II was used in selecting the optimal cycle length for each peak period. In PASSER II, the cycle length that produces the maximum bandwidth efficiency is selected as the optimal cycle length. The efficiency of the cycle is the average fraction of the cycle used for progression. The cycle length selected should also minimize the arterial system delay. One-way progression allows one direction of traffic to travel through the maximum number of intersections without having to stop. It is used for either one-way streets or where large volumes. of traffic exist in one direction of travel only. Because traffic in the other direction is not considered, developing one-way progression is relatively easy. Two-way progression allows both directions of traffic to travel through the maximum number of intersections without having to stop, which presents more difficulties than one-way progression. Ideal signal progression would result in all vehicles arriving on the green phase at each intersection of a coordinated signal system. Progression is dependent on several factors, including cycle length, vehicle speed, and signal spacing. The signal progression that is developed can change based on different peak periods of traffic (AM, noon, PM) during the day. L F.1.11-09 Signal System Evaluation Page 3 11 B-8 (ire The best progression can be achieved if signal spacing is uniform. If signals are evenly spaced throughout a system, maximum efficiency for the signal system can result. If signals are closely spaced or non-uniform, the amount of time available for motorists to travel uninterrupted through a system is reduced, decreasing the efficiency of the coordinated signal system. Time-space diagrams are used to present the signal splits at each intersection and to show the progression available through a coordinated signal system. Locations for future signals that have minimal impact on the existing progression can be identified by reviewing these time-space diagrams. Traffic volumes obtained through the 24-hour and turning movement counts were used in analyzing the need for an additional through lane on FM 1709. The roadway was designed and built with shoulders that can be restriped as through lanes. The existing through volumes on FM 1709 were compared to ideal, planning level capacity numbers to identify which sections of the road need additional capacity. Results Table 1 on the following page shows the results of the coupling analysis performed along FM 1709. Twenty-four hour tube counts were not collected between each intersection. For these cases, which are indicated by an asterisk in the table, volumes between the intersections were estimated (lime based on the turning movement counts and volumes of the adjacent links. From the results in Table 1, the following segments of the FM 1709 section evaluated should definitely be coordinated during each of the peak time periods, unless otherwise specified: • Between Davis Boulevard and Southridge Lakes Parkway, • Between White Chapel Boulevard and Carroll Avenue (PM only), and • Between Carroll Avenue and Kimball Avenue. These segments were located near the West and East boundaries of the FM 1709 section. All but one of the remaining links (between Pearson Lane and Davis Boulevard in the noon peak) had a coupling index between 0.3 and 0.5, indicating that these intersections should be considered for coordination. Based on these results, all signalized intersections on this section of FM 1709 were included for coordination. The results of the computer analysis indicated that for the AM and noon peak periods, a cycle length of 85 seconds would produce the widest progression band at the shortest cycle. A cycle length of 125 seconds resulted from the analysis for the PM peak period. The resulting cycle lengths and progression bands developed using PASSER II and Synchro 3 can be seen in Table 2. For each of these cycle lengths, the splits and the offsets change to account for the variation in volumes that occur at different times during the day. The recommended splits for each peak Le period can be seen in the corresponding time-space diagram in Figures 2 to 4. Although all of the F.11 1-09 Signal System Evaluation Page-1 118-9 Table 1. Coupling Indices for FM 1709 Intersection Length Coupling Index (feet) AM NOON PM Pearson Lane 5100 0.34 0.27 0.39 Davis Boulevard 3400 0.68 0.55 ! 0.77 Peytonville Avenue 1 1700 1.41 * 1.18 * 1.65 * Southridge Lakes Parkway 6300 0.39 0.34 0.48 White Chapel Boulevard 5200 0.48 0.39 0.54 p _ Carroll Avenue 3500 0.67 * 0.56 * 0.79 * Village Center 1700 1.37 * 1.16 * 1.62 * Kimball Avenue *Volumes estimated from adjacent link volumes and turning movement counts Table 2. Cycle Lengths and Progression Bandwidths Cycle Length Progression Bandwidth (sec) Peak Period j (sec) EB WB AM 85 37 7 Noon 85 22 20 PM 125 20 49 FM I 09 Signa Sy stem vstem Evaluation Page 5 11B-10 signalized intersections have pedestrian buttons. these recommended timing plans were developed under the assumption that few pedestrians use FM 1709. Therefore, these timing plans may not provide adequate time for pedestrians to cross the street. If pedestrian timings had been provided, longer cycles and less efficient operation would result. While the timing plans will be interrupted when a pedestrian button is pushed. the timing plans will resume normal operation within a few cycles. Locations of future traffic signals which have minimal impact on the existing progression were determined by examining the time-space diagrams in Figures 2 to 4. The location of planned and existing unsignalized intersections was considered in identifying these locations. Traffic signals should only be placed between intersections that have minimal impact, if any, on progression and have adequate spacing available for the additional signal. The four locations on FM 1709 which meet these criteria are designated by a letter(A, B, C, D) at the bottom of the time-space diagrams. These signal locations should have minimal effects on the current signal progression on FM 1709. Two-way signal progression may be impacted in the PM peak period by locations A, C, and D. Improvements could allow the current two-way progression to remain or be improved in all peaks. Improvements include changing the split phasing that currently exists on most of the cross streets to concurrent phasing. Using lead-lag phasing for traffic on FM 1709 could also produce wider progression bands. For planning purposes,an arterial street such as FM 1709 has a capacity of approximately 800 vehicles per hour per lane (vphpl). Results of the progression plan indicated that several of the through movements were operating with volume-to-capacity ratios greater than 1.0. As a result,high delays occur and poor level-of-service is provided at these intersections. Table 3 presents the peak directional through volumes per lane for each intersection on FM 1709. Many of these existing volumes are close to or exceed the 800 vphpl capacity. Table 3. Through Volumes on FM 1709 Through Volumes (vphpl) Intersection EB - AM WB - PM Pearson Lane 590 570 Davis Boulevard 569 494 Peytonville Avenue 846 833 Southridge Lakes Parkway 778 596 White Chapel Boulevard 913 851 Carroll Avenue 972 846 Village Center 932 i 890 Kimball Avenue 688 766 1-09 S'ig.nci 3...stern Evaiva:ion Page 9 11B-11 L 1 R.. _ ...... _-- --_- r.Tii 14 IA 3. o � ��^; .___T�_,i�=Zt1'.�'= �,1=.Ci`a �u_ - 7'JYl11A o 4�� i O 2 o � r� /E // —�-,,,K i a rnr+==: •.„. L k.�. ; — . . 1 . —• 11013 — — 0 C. U A 441 :(=`1— '''N--Zif,\ aw� M w 1Ci. �i .�_L o OAlB 0a. w .. M �- . � ' .i 13dYH J L � � — — J IHM _7 vd aiI(I 1) LEV• J0 � U co 0 dl NY V ET, J o Y a v o O A i Ak . o AYMABY H .J u a_;;;III �� w �47wcw _au — oS3HY1 V — 3OQ Hinos v i 0 LT a) 41. v=� A . v u, Z } co3111ANOIA3d j 7 0 0 + n / 9f61N3 --�—I— :::,a ! C��`.aZ, } ea17 I f‘/ R�`.:J 1 — 'aisle slnva I s a 11 Pi L. / . .,,•, u a.. . .s A - 0 3NY'I --Iti ,. - nrrr�awc.�k.OP a\r �:M �..: 7Mr:CANCV�>_2:�rc-nh� NOSaY3d g [� co c to o o. m .ov e o J♦♦:L (spuos.)3NI1 •-"a�E-- imriS 118-12 11M11 MI J7 r11/1 large/.N L..I•W. ...••n ..•.• ..-er-• .wn c : 0 (trar" =t3,INV ii.....nrAreeWrome.-Mta: ::: anrogo. ,,..) 3AY e.mcw�rea..c�>,��amcr. �� _ A I , w _ o 2131N33 fit:- .. , r: ...� ... . ti. — ..... a� - 3am1n Mi AI\ 0 o U O W (n A. A . U *,`,...='43'..".--:,2.7. ,.!__;....9..Imin N"."....'".."=A .. _--• ,:.7.— :>._Am..—7;70 —9_.... N , _ i,od„„, OnIB �-,rn :� r x. «. , 0 13dYHJ o U 311HM r, VI,, , (hoe L 7 O o N x o z W O ~ e m o < (n O I- N " • C 7 D C (n Clit Q ti s —�—^_-� -tea'` E\::, 1, I «~\.- ) Z ,1 u f` -: c A 3NYl d r _ 30018H100S N L o o 0 N LE IZ -hW'=�-''� a �r a s ':�� �� ',-or _. o '3AY ,...y� o z'ceccmoi umr--—makt .mow =Km::....t..r.cm r...� =•ea.�" rM , m 311IANOIA3d O VITO Z 0 0 v n �- r o Vim.. . 1 n ..� o+ - o (8L6lYU) }--+"—') _. ZZ«Z��{ v �� �;v«�Z "J � . �. 1 U '0A18 SIA:O . Alik o Q .n TM Y E o 0 0 0 o H C. �o s �(spuwes) 31,111 1 f i j A 11B-13 r•.`rarl a^1 'h••aal "s roar IN wtldht Po.%,oar le near° - :■1,0.d a/11 ax'S iortln e11*PI to-.t-t -*PO Via.'. '"'"7 E.6 V .ro i.� : Yoo'-`,;..;,.'."..4,: t�_ �'. . JAY i 0 ,\s� ";r.3 .<vsk.YW^ es \ kYT e4iAV M.c..1'....a.'r • r 11 IH L .....:l.. ......I ---1 .���. . .. \\ .... .- o o.;a< ., k .a . .�.aa4 .; E : •,. .,� -,, . a : w�,.r , I a31N33 .. 8 :i:.! ; 3OY1lIA T \ N g " Y / ,/ Q ^v,._a 1 1 1 s , .._. \:::a pt: .. ::•� >: ..R.�,,,,�ru �t�\a -:t\\ - - 1 c: JAY 1 I 1 / I I 1 I I I o . I a tiIhih.\ .\ r a . .a ^,v . .\ \\ .\\ . .> oOA18 o 13dYH3cY) U to N. \.\ v r.... .vr ni — 31HMN V d 11- o v > rn N O v LamJ IL U o m Y ~ lI) (. 0 O N N C.r • v • (n it ti4, �f H- o AYM3M d 1ptp mo L-• -.^.+ :_. ��..-- , Eit.% r • •. `;, ..,�,= cS3rY1 I 3JOINH1f10S NL _0 o (T-x i..\. .\.;;,µ .,•........31, L\_a...,.,..,,,o23 K.\a., ., .vn l'.. .... ,,,,,,...J..>..... ..,.. 1 2 311IANO1A3d o0 I 0 0 v a w.. 4,� \a 1 8 (8f6Irti) \\\..:.... ^u�.- \\ g. -_ _.\\\\\\• \.\\..,.\\\\\. — .GA18 SIAYO I o Q • c :S? 1 .r.,...« o N d L._ �w ..`.. �i ��}�aZ�� w �.wr _i :: ... a. 6:: aar«.r.e �} OSP3 1 1 0 0 0 0 o orn - �(spuo)ps) 3)111 ::i.i"i'ivi 11B-14 • nv>nu Wt 1N...,s VWS API' 12 p.•.ddY u^45 per 14 pnpwo - 0 mf.e MIN'9.>S 01t711 •w*NJ tN-Nt-t 'pN Lie Recommendations Based on this evaluation of the signal system on FM 1709 between Pearson Lane and Kimball Avenue, it was determined that signal coordination IA asnecessary. Therefore, the following recommendations are made: • All of the signalized intersections between Pearson Lane and Kimball Avenue should be coordinated. • An 85 second cycle should be used for the AM and noon peak periods. • A 125 second cycle should be used for the PM peak period. • The splits recommended in the time-space diagrams in Figures 2 to 4 should be used to coordinate the signal system on FM 1709. • Consider changing existing split phasing to concurrent phasing for the following cross streets,that either have exclusive left turn lanes on the cross-street or adequate pavement width for an exclusive left turn lane, to increase the time available for through movements on FM 1709: ► Peytonville Avenue ► Southridge Lakes Parkway • All of the other intersections along FM 1709, except Davis Boulevard, do not have exclusive left turn lanes on the cross-street. These intersections and the Davis Boulevard intersection should be carefully studied before considering concurrent phasing. • Efforts should be made to provide concurrent phasing on the cross streets at future signal locations. • Pedestrian buttons should be provided at future signal locations. Based on the evaluation of the through capacity and volumes on FM 1709, restriping the existing shoulder to provide a third through lane is recommended along the following sections: • From Davis Boulevard to SH 114 in the eastbound direction, and • From Kimball Avenue to Davis Boulevard in the westbound direction. Based on a review of the time-space diagrams and the resulting progression, locations on FM 1709 where future signals will not impede the proposed progression are indicated with letters at the bottom of the time-space diagrams. These locations, and their approximate optimal distances include: • A - Between Pearson Lane and Davis Boulevard (2800-3100 feet East of Pearson Lane) • B - Intersection with Shady Oaks Drive (3700 feet East of Southridge Lakes Parkway) • C - Intersection with Byron Nelson Parkway (2500 feet East of White Chapel Boulevard) • D - Between Carroll Avenue and Village Center (1600-2000 feet East of Carroll Avenue) Lie F.l!1-09 Signal Evaluation Page 10 11B-15 City of Southiake,Texas /, MEMORANDUM February 10, 1998 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Discussion Item, Ordinance No. 480-DD, Pitched Roof Regulations for Corridor Overlay Zone Attached please find a copy of Councilmember Fawks' memorandum and Ordinance Request form that asked that this item be placed on the Council's August 5th agenda for discussion. Also attached is a copy of Bedford's "CSED,"Cheek-Sparger Entrance District that he references in his memo. This overlay district encompasses land along Cheek-Sparger Road from S.H. 121 on the east to Westpark Lane on the west. Note particularly paragraphs (g) and (h) of Section 24b.7, Development Standards. These paragraphs address roof design standards. Structures which are 5,000 s.f. or less are required to be constructed with a pitched roof. Those structures greater than 5,000 s.f.must provide mechanical screening which simulates a sloping gabled roof. Should you have questions regarding this item, please call Councilmember Fawks at 424-1999 or me at 481-5581, extension 743. KPG enc Memorandum from Councilmember Fawks Ordinance Request Form Bedford's"CSED" Ordinance C IC- � L, REQUEST FORM - Ordinances & Other Projects Please fill out the following information related to your request. A disk copy of this form can be provided to allow you to insert your comments in typed form. Contact Kim Bush in the City Manager's office at (817) 481-5581, ext 702. SHORT TITLE: PITCHED ROOF REGULATIONS TYPE OF PROJECT: Ordinance: New Ordinance , Minor Revision , Major Revision Master Plan Component: New Item , Minor Revision , Major Revision Project: New Project , Minor Revision , Major Revision REQUESTED BY: Gary Fawks Date of Request: 7/30/97 Citizen CC Yes P&Z ZBA PB SPIN Staff Other Board or Group: Outline problem, concern or opportunity. (Do not define solution) 1. 3. �I.ist an potential considerations. (Do not define solution any ) 1. 3. General Comments: 1. Council has repeatedly expressed concerns regarding flat and built up roofs on development within the Corridor Overlay Zone. 2. On two occasions we have discussed including pitch roof requirements in our ordinances (assisted care and gas stations at P&Z). 3. The Council had concerns regarding the current requirements for mechanical screening on rooftops which allow boxes or panels to be used as a screening device (reference Wendy's at 1709 & Davis). List any references to be reviewed (other cities, etc.) or any documents attached to this request. a. City of Bedford Overlay Regulations `b. L:\WP-FILES\PROJECTS\PRIOR1TY\PROi-REQ.FRMM\PITr'"cnLWPD July 30, 1997 Page I of _ i 1/I -' Jul-31 -97 09: 26A 817 421 2653 P.01 L Memo Aw CURTIS HAWK ROM GARY FAWKS CO SANDY LeGRAND Data July 31,1997 Mel PITCHED ROOF REGULATIONS I understand that during discussion of the `Gas Station Ordinance' at the Planning and Zoning meeting last night the issue of pitched roof requirements was again raised. As you will recall this was also an issue as we debated the Assisted Care Ordnance. and I believe that many of the same concerns have been raised by the attorneys. It is my belief that most or an of the Councilrnembers feel we need to address this Issue, and I would request that this be placed on our August 5' agenda as a discussion item. I would also We for you to provide each Coundimember In the packet with a copy of the Bedford Cheek Sparser Overlay Regulations ( Sandy was able to get a copy for me last month from their City Secretary office). I believe this will be helpful background information. I am also forwarding a copy of the memo I faxed to Community Development regarding Impervious Coverage, I do not believe I previously faxed you a copy. bey vt-sr L •Pegs 1 � . n _2 • .LL-07-1997 17:07 P.02 SUCTION 24b, 'CSED" CEZER-SPARfER LNI3t)1.VCE DISTRICT 24b.1 PURPOSE: The CSED Cheek-Sparger Entrance District overlay ie established to encourage the uniform and consistent development of the Cheek-Sparger Road corridor at the entrance to the City of Bedford. In addition to the requirements of the underlying district the following additional regulations are provided. 24b.2 BOUNDARY OF AREA; This area is designated as all of those lots, tracts, and parcels of land situated within the City of Bedford, Tarrant County, Texas described as follow: properties abutting Cheek-Sparger from Highway 121 to Woodpark Lane and being Tracts 432, 131, 432R, 4135, 5, 5D. Lot 1 Block 1 Maim Street Addition; a portion of 53 of the B.H.H. and C.R.R. Co. survey A-204 lots 3, 4, and 5 block 1 Wal-Mart Addition. Zn addition the right-of-way of Cheek-Sparger Road from Highway 121 on the east, to Woodpa.rk Lane on the vest (See Attached Enblhit). 24b.3 USE REGULATIONS: Ia the CSED Cheek-Sparger Entrance District overlay, no building or land shall be used and no building shall hereafter be erected, constructed, reconstructed or altered except for one or more of the uses listed for the underlying districts in Section 6, Schedule of Permitted Principal U301. Accessory uses as pextaitted in the underlying district shall also be penuittod. 24b.4 HEIGHT AND AREA REGUTATIOOs; Zn addition to the requirements of Section 25, Height and Area Regulations the following will apply; a. Mar.Lmon height thirty-five (35) feet; b. Mini.m= front yard measured from peck of curb shall be forty (40) feet. 24b.5 PARXI* REGUL TIONS, See Section 26, Parking and Loading Regulations. 24b.6 LANDSCAPIlg3 RECULATIoy31 In addition to the requirsments of Section 30, Landscaping Requirements the following will apply; a. A twenty (20) foot landscape buffer measured from back of curb along Cheek- Sparger and the Highway 121 Frontage Road mast be provided. This buffer shall contain trees of three (3) inch caliper and twelve (12) feet in height planted on thirty (30) foot centers. Landscape buffer trees shall be trees identified as Desirable Trees in The City of Bedford Subdivision Regulations Article 7, tree Sinee .SECTION 24b, 'CSLD' CHLL7C-SPARGLR ENTRANCE DISTRICT Page 24b-1 II ('. 'L( • ,U.-0?-1997 17:0 7 P.03 (him, Preservation Ordinance. Additionally, shrubs, berms, or a combination thereof, shall be prov-ided between the trees such that a screen of a r;nix=m Of three (3) feet .: height shall screen the parking areas (See attached Graphic). • b. A landscape maintenance agreement shall be signed by the applicant/owner for maintenance of all landscape areas within the development. (see attached • 24b.7 DEVELOPMENT STANDARDS: All development located in the CSED Cheek-Sparger Entrance District overlay shall comply with the following development standards. a. Walkways shall be provided along both sides of Cheek-Spate-ger Road. walkways shall be placed is a meandering pattern within the twenty (20) foot landscape buffer (See attached graphic). She width of these walkways 1 '11 be a mini of four (4) feet. When located closer than four and one-half (4.5) feet from back of curb, the mi nimu* width &hall be five (5) feet. All walkways meat maintain a distance of four (4) feet from the back of the curb. b. A six (6) foot patterned concrete / pevestone walkway of uniform color and style throcg.cut the district shall be provided at all street and drive crossings. The walkway shall be aligned with sidewalk locations at the intersections of street Lore and drive crossings. c. All building frontage exteriors shall be constructed of a minimum of seventy-five (75) percent masonry material, exclusive of windows and doors including the area above the first floor ceiling plate line. All building aide or rear exteriors shall be constructed of a minimum of seventy (70) percent masonry material, exclusive of windows and doors, including the area above the first floor ceiling plate line. In no case shall more than fifty (50) percent of each exterior wall be constructed of glass material. masonry material shall include 4" by a" modular bricks, decorative block, split face stone construction, or natural stone. Masonry male ials shall be of earth tones and shall be submitted to the Planning and Zoning Coamission for recommendation and to the City Council for approval. d. All ground mounted equipment shall be screened from view with masonry construction similar to the primary structure. All roof mounted equipment shall be as indicated in 24b.7.g. e. All signer's located along Cheek-Sparger Road shall be ground mounted monument style sigaage. No neon sigma will be permitted. she maximum height shall be six (6) feet, including structure and sign. The maximum square footage shall be fifty (50) square feet. The structure of the sign shall be constructed of similar masonry material as the primary structure. Pole signs, meeting the L SZC110!m 24b, 'CSZD' CEEM-SYARGER ENTRANCE DISTRICT Page 24b-2 (% n C • • JUL-0 7-1997 17:2S P.134 (kIme req..i_-ements of the City of Bedford Sign Ordinance. shall be permitted ca any lot that :scats on the frcatage road of Highway 121. f Any canopy system u=st provide calms constructed of similar =sorry a:atsrial as the primary structure. 9. On structures greater than 5,000 square feet, mechanical roof screens shall be ccnst-neted to simulate a sloping gabled roof, and shall be constructed of batten or standing seam metal, slate, or tile, and shall be consistent throughout the district. Such roof screens shall screen all xechan cal equipment from view from any p blic right-of-way. Line of sight drawings will be required to illustrate that adequate screening is provided. h. On structures 5,000 square feet or less, pitched roof construction will be required. Bo flat or built up soot construction shall be permitted. i. Exterior lighting in parking lots shall be uniform in type and material throughout the district. Exterior lighting located along the pedestrian walkway located within the twenty (20) foot landscape buffer shall be provided. Construction material for light fixtures along the pedestrian walkway shall utilise decorative type poles and fixtures. (See attached diagram). The developer shall provide a lighting plan and photometric analysis to ensure adievrte lighting. .24b.5 SITE PLAN,: All Zoning Districts underlying the 'CSED' Cheek-Sparer Entrance District must have a City Council approved site plan before a building permit will be issued. Such site plan must be submitted to the Planning and Zoning Cotcsissicn prior to presentation of the site plan to the City Council for approval. Such site plan must meet the requirements for site plans, which are detailed in Section 28 Site Plan Requirements of this Ordinance. In addition, a color schedule shall be submitted shoving the colors to be used for all improvements proposed on the site, including buildings, signage, light fixtures, accessory structures etc. Color rendering may be provided to illustrate the color schedule. 24b.9 PROCEDURE: The City Council, by an affirmative vote, may come after public hearing and proper notice to all parties affected, and alter recommendations from the Planning and Zoning Commission, may approve requests for amencr.ents to section 24b to avoid =necessary difficulty in the proposed development. Lime SECTIOF 24b, "CSED" CEm A C-SPR niTR I CL DISTRICT Page 24b-3 0 - la Ju_-07-1997 17:ts P.05 • • t v C • li d • "---7:1:14, ellm I ,,,x0 Q 4 F .10 ', ftj • a $_!I : '! c . btc.l r,TV 24 b, 'CSE7' CHEEK-SPPAGER E NTRANC E DETFICT Page 2 4 b-4 II C-1 JL_-07-1997 1?:2 P.06 L ..r ....„ --,__,. gra. --�•-`— - �- '5CULEVARD' TREE vr _.c_.---- ''" _,�r TREES 50' APART ••-•`- _ - s." U( CALIPER. 12' 1EJ&MT) _ r _ ti `W. _ '" -. ►'J Sias AR /OR BERM gerTo warm PARK** ~ TO miewr Of 5' (2 bAL. 20' *OR. • CURB FOR C.ZffiG- AR6�E1R e 6ROON0 COVER • :typical Section Through Landscape Buffer A -41* • 'r,_.. t ' p roximately 'Iil _ 36 irxfie s Ap p rox irate ly Alp 15 feet Note: lighting Standards for poles and fixtures shal be similar in nature with appurt enances constructed at the Bedford ad School project. Comparables shall be submit t ed with site plan application Y for approval. Typical Lighting Standards or Comparables SECTION 24b, 'CSED' CNwC-SPARGER ENTRANCE DISTRICT 24b.6 11 (.-9, JLL-07-1997 17'cS P.0'7 Maintenance a eaance Agreement for The"CSED"Chock-Sparser Entrance District Landscape Arms In compliance with Section 24b. "CSED" Cheek-Sparger Entrance District Subsection 24b. 6 Landscaping Regulations b. this landscape maintenance agreement.acknowledged by the owners of record and approved by the City shall be signed by the applicant/owner for maintenance of all landscape areas within any development located within the area known as the"CSED"Cheek-Sparer Entrance District more specifically identified in Subsection 24b.2 Boundary of Area. This agreement shall be binding on all parties having or acquiring any right or interest in the property desaibed above. Article I - lnitions (a) "City"shall mean the City of Bedford. (b) "Landscaped Area"is that area that is required to be landscaped as defined in Subsection 24b.6 Landscape Regulations a. It includes all landscaping Iocated back of curb in the interior of the developarart. (c) "Lot" shall Sean each of the tracts lying within the the arca known as"CSED"Check-Sparger Entrance District more specifically described in Subsection 24b.2 Boundary of Area. L (d) -Maintenance-shall include mainteuaace of sidewalks,lighting systems.and sprinkler systems.mid the care of trees,shrubs,grass and all other live plant material. (e) "Owner"shall mean every person or entity who is a record owner of a fee or undivided fee interest in any lot. - (f) "Pictyc,ty"shalt mean those tracts or lots described in Subsection 24b.2 Boundary of Area. Article II Maintenance of Property Section 1.Owner Oblinations Each Owner shall,at his sole cost and expense,maintain and repair his Lot and the improvements situated thereon.keeping the same in good condition and repair. Section 2. Enforcement by City_ In the event that any Owner shall fail to maintain and repair his lot,the City.in addition to all other remedies available to it.shall have the right, through its agents and employees.following written notice and appeal,to COW upon said Lot and to repair.maintain,and restore the Lot. The cost of such maintenance shall be recovered by means of mechanic lien filed in behalf of the City. Lie' =TIC i 24b, "CSZw" CRT=-S?A EN RA2iCE o:S=RIC' Page 24b-6 F 11C-q AL—e7-1957 I T es P.08 Article Ill :Lsinteaance ofLindsciped Area Section 1.Itrornverrients to Landscaped Area l pen the issuance of a oatifcaze of occupancy,the Owner of each tract shall accept the responsibility for the improvements and maintenance of the Landscaped Area. Improvements to the 1 andcinped Area shalt be completed within six(6)months from the issuance date of thecate of occupancy. Section 2.Maintenance Fund (a) The Owners shall establish and maintain an adequate maintenance fund for the periodic maintenance,repair and replacement of improvements to the Landscaped Area. (b) The minimum fund balance shall be equal to the estimated amount necessary to sustain proper maintenance for three (3)months. This estimated balance shall be adjusted annually as additional Landscaped Area is improved. (c) The fund shall be placed in escrow with the City and is the event that the need for maintenance is caused by the wilful or negligent act of an owner. the City shall cause such maintenance to be performed and such expense shall be deducted from the fund balance. (d) The City shall notify the Owners of all deductions form the fund and the Owners shall make necessary arrangements for securing its minimum balance. L Signaatre-Owner of Property Hate Signature-City of Bedford Date State of Teas: County of Before the undersigned authority.a Notary Public in and for County.Texas on this day personally appeared, ,known to me to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that he executed the same for the purposes and coasidcrattoas therein expressed Given under my hand and seal of office this the day of 1997. Notary Public in and for the state of Tacna My cammistion expires: 3='21011 24b, `C3.2)^ ca .x-sP ESTRa2CC E DISTRICT Page 2 lb-7 TOTAL P.ea SIC-�° City of Southlake,Texas MEMORANDUM February 12, 1998 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: City-Initiated Rezoning Councilmember Muller recently presented staff with a list of areas which she believes are suitable for city- initiated rezoning. Please see the attached tables and map which were prepared by staff. Most changes on her list are located on or near FM 1709 (shown on the map as 1 through 6),with the last two changes (7 and 8) being at the intersection of South White Chapel and Continental. Of these, most recommendations made by Ms. Muller were classified as being "not in compliance with L.U.P."by the 1997 Land Use Plan update. As you will recall,these properties were designated as triangles ("A's") on the Land Use Plan and represented properties which were appropriately zoned for the use in place,but the zoning does not comply with the recommended land use designation. The two remaining sites (#5 and#7) from her list were classified as"Recommended Changes," meaning that a land use change was needed regardless of the zoning currently on the ground. Lir Should you have questions regarding any of the above, please feel free to call me at extension 743. KPG � I L-`COMDEVIWP-FILESWEMO'STAFFICEH\REZONING.3 ' - ' (1-6.., CITY-INITIATED REZONING SUGGESTED BY COUNCILMEMBER MULLER Number Location Current Proposed 1997 Land Use Zoning Zoning Plan Recommendation 1 N side 1709, E of C-3 0-1 Office Commercial Peytonville 2 N side 1709, W of C-2 0-1 Office Commercial Diamond Circle 3 N side 1709, E of C-1 0-1 Office Commercial Diamond Circle 4 S side 1709, E of Lake C-2 O-1/SF-20 Office Commercial Crest & Med.Density (Lam/Reutlinger property) Residential 5 S side 1709, E of B-1 0-1 Office Commercial MironL 6 S side 1709, E of C-1 0-1 Office Commercial Westwood 7 S. Continental, E of R-PUD 0-1 Office Commercial White Chapel with C-2 (Timarran sign comer) 8 S. Continental, W of C-1 0-1 Office Commercial White Chapel L 11 � - -2- I �V - ■ 111111.e34' \•i� yi aim f II i■ r i la 11 'me:::_irjrv�11 / �—�-- AMENIIIIMII u�I . �• /fir ;, ■ 1 . ..-6 i .. lik ,. i i I 7_,.,,,,_ , i 9■a.■ ihIIIIl . . _ t1 .iiiiiiumiiiiii ' ,�ru Fill -gimp 1!�ituuwri i - mu ; - `= I,� MI VW. i f1!iJ!! ■. ... pillill %„ .,y, ;-1 .i_i , ..si ,_:- ,_._,1 III ► �l.� I ■ a WI II a MiliI IC 4 & ii. S ... 111 i 1 mow'' P ''' .� i n.� 6.duup ■. rimmom,mia1.111111111111111111111:41I L'IJ lr.,'. IN i3.o.■.u■' le- • tali.u.i wee -,km �1ltlfl --� = '•�t it•'r % illsr //. . 11; `C 1 �glati _ 1,I at....�lop w \ ♦ la',,H�iri■ i �= , Im ■a.. n\ r iL 3'1<.11■I[■'1 as • op ��. —' .i'-L . f/�'T� �I i' if:::: 11,111 ��w� � ��er�ra�ll ;y.�..�1�3.d�.�I`' ' 1 �. �'��iiiiiii!ii i?t�ij . .., `- - ........... 'w��P r.: .�I...I' - n.--ri tell ' : "- �r'-1411■A//I� 7: ^G 'fit! 7 I '1 Ark . CI�7 111111 ■ -p ie1�- Z■s.■Will alai;� I-%:. , IMF u i.i • 1.��1 �" is sit —.............. -�u =.• '. A: ,.d'IM ' n le i fin• I -� a ./1 ... .hN � ♦ q e t e _la � .IN .• ]9 ■ .r.�. �I.U. e ....,,,,,,,„,.„,„ mural• -z �I`!/ legr'.1111■ �►tlhl in IJ�•�.•„.., � ■ 1 III//llirar ._ . . 1- ,z ■ ipsi, alu.. �5� t:N is��� f- I,. -AID- 1.. .. l..3 Illigt,_7•‘7..". viirivi iiku-111111111Miff6 . 7:-.-..L w im -Imisessumulpiiiiiilit.,*4 111111111111MINIlitni MI r-, !_:.:,-,'1 .4,... rip muird.21, ,114„ '''' , 1,1 I aro i sj'ilfag6 nur'_FIN 1 tee.■■l� ■ MO L g:, ,..,...11 1.0, ..... 1.-..- _,.......4 Im.......___,„,„, _ ems■ -�-- mit .--- --, 1 lid ia ....nr.u nnu.uu....o�a� , :���•�� lII7 � E L!IIU.1 lI I g■ II lira,_ iI 'N , z City of Southlake, Texas MEMORANDUM February 12, 1998 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Discussion Item, Ordinance No. 480-BB, Maximum Lot Coverage and Maximum Impervious Coverage Attached you will find Ordinance No. 480-BB as recommended by the work group, comprised of Councilmember Fawks,Commissioner Creighton,and Commissioner Edmondson. It is my understanding that the work group's objective was to maintain natural areas and open spaces in an effort 1)to lessen the impacts of parking areas,2)to increase the survivability of existing native trees by keeping the critical root zone open for water and gas exchange, and 3)to lessen the impact of drainage run-off. Note that no changes have been made to Ordinance 480-BB since our last discussion with the exception of three additional Whereas As clauses were added at the suggestion of the City Attorney. Attached is a copy of his letter. Please recall three (3) definitions which are pertinent to this discussion: "IMPERVIOUS COVERAGE - the combined area occupied by all principal and accessory buildings, structures, and paved parking, sidewalks, and driveway areas. (As approved with the adoption of Ordinance No.480-Y) LOT COVERAGE - the percentage of the total area of a lot occupied by the base (first story or floor) of buildings located on the lot. OPEN SPACE -an area of a lot either left in a natural state or receiving permeable vegetative landscape treatment (e.g., ponds and lakes, either natural or manmade, and water features, grass, shrubs, flowers, trees, ground cover, etc.) (As approved with the adoption of Ordinance No.480-Y)" Section 1 establishes the maximum impervious coverage requirement of 40% of the total lot area in the "MF-1,"Two Family Residential District. Section 2 changes the maximum lot coverage requirement in the "MF-2," Multiple Family Residential District from 50%to 40%and also establishes the maximum impervious coverage requirement of 50% of the total lot area. Section 3 changes the maximum lot coverage requirement in the"C-3,"General Commercial District from 60%to 50% and also establishes the maximum impervious coverage requirement of 65%of the total lot area. - Section 4 changes the maximum lot coverage requirement in the"B-1,"Business Service Park District and Lthe "B-2" Commercial Manufacturing District from being determined by the Commission and Council during Concept Plan review to 50%. City of Southlake, Texas Curtis E. Hawk, City Manager LFebruary 12, 1998 Page Two Section 5 establishes both the maximum lot coverage requirement of 50% and the maximum impervious coverage requirement of 65% of the total lot area in the "HC," Hotel District. Currently, the only development standards in place in the "HC"District are the height and yard requirements. Section 6 establishes the maximum impervious coverage requirement of 65% of the total lot area for the "CS," Community Service District, "0-1," Office District, "C-1," Neighborhood Commercial District, "C-2,"Local Retail Commercial District, "B-1,"Business Service Park District and the"B-2"Commercial Manufacturing District. Section 7 establishes the maximum impervious coverage requirement of 70% of the total lot area for the "C-4," Arterial Mall Commercial District, "I-1," Light Industrial District, and "I-2," Heavy Industrial District. Section 8 deletes the maximum impervious coverage provision in the specific use permit ("SUP") requirements for personal care facilities recently established in 480-Y. With the adoption of Ordinance No. 480-BB, each personal care facility would then have to comply with the underlying zoning district requirement as set forth in this ordinance revision. Section 9 amends"Appendix A, Schedule of District Regulations"to reflect the changes to the maximum lot coverage requirements and creates a new column for the new maximum impervious coverage requirements. Sections 10 - 16 are the standard boilerplate included in all ordinances. Please place this item on the Council's February 17, 1998 agenda for their discussion and direction in forwarding the amendment to the Planning and Zoning Commission for review and consideration. Should you have questions regarding the ordinance amendment, please call Councilmember Fawks (424-1999), Commissioner Creighton (488-1390), Commissioner Edmondson (488-3144) or me at 481-5581, extension 743. 4_ KPG enc City Attorney's Letter Ordinance No. 480-BB Chart--Summary of Proposed Changes City Comparison • Ordinance Request Form Councilmember Fawks' Memorandum Work Group Recommendations L:\CITYDOCS\ORD\DRAFTZONING\480BBMEM.4 FEB-09-1998 13:58 LAW FIRM 817 332 4740 P.14/20 TAYLOR, OLSON, ADKINS, SRALLA & ELAM,L.L.P. ATTORNEYS AT LAW LTIIROCKMORTON STREET TELEPHONE(817)332-2580 BANK ONE TOWER FAX(817)332-740 I WORTH.TEXAS 76102-3821 • WAYNE K.OLSON February 9, 1998 RECD 0 9 1998 VIA FAX AND REGULAR MAIL Ms. Karen Gandy City of Southlake 1725 E. 1709 Southlake,Texas 76092 RE: Ordinance No.480-BB(Impervious Coverage) Dear Karen: Per your request,I have reviewed the draft Ordinance No. 480-BB. I am attaching a copy of this ordinance with my handwritten revisions. I would also like to make the following comments: I noticed that the provisions relating to maximum lot coverage were tied to a percentage of the"lot area"whereas,as the maximum impervious coverage is tied to a percentage"total lot area". Was this intended? We need to make sure that these terms are adequately defined so as to avoid confusion during the review and permitting process. Lae Finally,and most importantly,I recommend that the purpose and intent of the ordinance be spelled out either in a separate section or in some additional whereas clauses. I have to admit that I am not clear on what the purpose of the maximum impervious coverage regulation is. Is it drainage? Is it landscaping? Or,is there some other public health or safety reason why the city feels this is a necessary ordinance? I would recommend spelling out the basis for the ordinance and tying the purpose of the ordinance to specific studies,findings,philosophies,etc.that are accepted in the industry. Also,before the proposed ordinance is adopted,the city should compare the requirements in the ordinance to existing developments in the city to determine whether the ordinance will allow for the reasonable development of different types of uses. If you have any questions regarding my comments,please let me know. Very truly yours, 14C Wayne K. Olson WKO/kb H:'LIBRARY\Soudaakeu ETTERS\andr.o17.wpd L !1�3 February 6, 1998 L' Post-attorney Mtg. 1 ORDINANCE NO. 480-CC 2 3 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS 4 AMENDED,THE COMPREHENSIVE ZONING ORDINANCE 5 OF THE CITY OF SOUTHLAKE, TEXAS, CREATING 6 RESIDENTIAL ADJACENCY DEVELOPMENT 7 REGULATIONS FOR NON-SINGLE FAMILY RESIDENTIAL 8 DEVELOPMENTS WITHIN FOUR HUNDRED (400) FEET 9 OF PROPERTIES ZONED SINGLE-FAMILY RESIDENTIAL 10 OR DESIGNATED LOW OR MEDIUM DENSITY 11 RESIDENTIAL ON THE CITY LAND USE PLAN; 12 PROVIDING THAT THIS ORDINANCE SHALL BE 13 CUMULATIVE OF ALL ORDINANCES; PROVIDING A 14 SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY 15 FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS 16 CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET 17 FORM;PROVIDING FOR PUBLICATION IN THE OFFICIAL 18 NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 19 WHEREAS, the City of Southlake, Texas, is a home rule city acting under its charter (20,.. adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 22 9 of the Local Government Code; and 23 24 WHEREAS,the City of Southlake has heretofore adopted Ordinance No. 480, as amended, 25 as the zoning ordinance of the city; and 26 27 WHEREAS, the City of Southlake has historically developed as a residential community 28 which is particularly suited for the development of a quality residential lifestyle which is separated 29 from non-single family residential developments which might adversely impact said residential 30 neighborhoods; and 31 32 WHEREAS, several existing and planned residential neighborhoods are located adjacent to 33 properties which are developing or will be developed for business and commercial use; and 34 35 WHEREAS, the city council of the City of Southlake recognizes the vital importance of 36 residential neighborhoods and the need to preserve and protect residential neighborhoods from the 37 adverse effects of adjoining non-single family residential uses; and 38 39 WHEREAS,the city council desires to protect and enhance the attractiveness of the city to 40 visitors; to promote and stimulate the economy; to ensure the harmonious, orderly and efficient ' growth and development of the city; to preserve property and property values; and to maintain a generally harmonious outward appearance of both single family residential and non-single family residential structures which are compatible and complementary; and L:ICTTYDOCSIORDIDRAFTIZONING1480-CCI.RED Le parking areas;and WHEREAS, the city adopts these regulations to ensure a desired level of`groundwater recharge and to reduce the impacts of surface drainage run-off and WHEREAS, the city council has given published notice and held public hearings with respect to the amendment of the zoning ordinance as required by law. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: SECTION 1. Section 16.5 of Ordinance No. 480, as amended,is hereby amended by adding a new paragraph(k), Maximum Impervious Coverage, to read as follows: "Maximum Impervious Coverage: The maximum impervious coverage shall not exceed forty (40%)percent of the total lot area." SECTION 2. Section 17.5 of Ordinance No. 480, as amended, is hereby amended by revising paragraph "e," Maximum Lot Coverage, and by adding a new paragraph "1,"Maximum Impervious Coverage, to read as follows: "e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding forty (40%)percent of the total lot area. 1. Maximum Impervious Coverage: The maximum impervious coverage shall not exceed fifty(50%)percent of the total lot area." SECTION 3. Section 22.5 of Ordinance No. 480, as amended, is hereby amended by revising paragraph "e," Maximum Lot Coverage, and by adding anew paragraph"1,"Maximum Impervious Coverage, to read as follows: L:\CITYDOCS\ORD\DRAF I ZONING\480BB-2.RED I 2 t E.'S LI "e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding fifty (50%)percent of the total lot area. 1. Maximum Impervious Coverage: The maximum impervious coverage shall not exceed sixty-five (65%)percent of the total lot area." SECTION 4. Sections 24.5 and 25.5 of Ordinance No. 480, as amended, are hereby amended by revising paragraphs "e,"respectively to read as follows: "e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding fifty(50%)percent of the total lot area." SECTION 5. Section 28.5 of Ordinance No. 480, as amended, is hereby amended by adding the following paragraphs,"e"and"f,"establishing maximum lot coverage and maximum impervious coverage to Lread as follows: "e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding fifty (50%) percent of the total lot area. f. Maximum Impervious Coverage: The maximum impervious coverage shall not exceed sixty-five (65%) percent of the total lot area." SECTION 6. Sections 8.5(f), 18.5(i),20.5 (1),21.5(1),24.5(p),and 25.5(i)of Ordinance No. 480, as amended, are hereby added to establish a maximum impervious coverage requirement to read as follows: "Maximum Impervious Coverage: The maximum impervious coverage shall not exceed sixty-five (65%)percent of the total lot area." SECTION 7. Sections 23.5(o), 26.5(1), and 27.5 (1), of Ordinance No. 480, as amended, are hereby added to Lestablish a maximum impervious coverage requirement to read as follows: "Maximum Impervious Coverage: The maximum impervious coverage shall not L:\CITYDOCS\ORD\DRAFRZOMNG\480BB-2.RED 3 1 l E-� (re exceed seventy (70%) percent of the total lot area." SECTION 8. Section 45.9 (f), "SPECIFIC REQUIREMENTS FOR PERSONAL CARE FACILITIES," of Ordinance No. 480, as amended, is hereby amended by deleting paragraph "9," Impervious Coverage. SECTION 9. "APPENDIX A, Schedule of District Regulations" of Ordinance No. 480, as amended, is hereby amended by revising Maximum Lot Coverage and by adding Maximum Impervious Coverage as amended herein. SECTION 10. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, (re 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 11. 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 12. Any person,firm or corporation who violates,disobeys,omits,neglects or refuses to comply L:\CITYDOCS\ORD\DRAFT\ZONING\48OBB-2.RED 4 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 13. 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 14. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 15. 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 Lpenalty 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. L.\CITYDOCSNORD\DRAFTVONT G\480BB-2 RED 5 (i6-8 SECTION 16. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1998. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF (ere , 1998. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: • CITY ATTORNEY L:\CITYDOCS\ORD\DRAFTZONING4i80BB-2.RED 6 (rg.-R Summary of Proposed Changes Zoning District Maximum Lot Proposed Impervious Landscaping Area Coverage Coverage Requirement (%Bldg.Footprint (%Per Total Lot (Per Floor Area*) Per Total Lot Area) Area) (Landscape Od.t) CS 50% 65% 30% MF-I 30% 40% No Req't • MF 2 3O%40% 50% 50% 0-1 50% 65% 50% C 1 50% 65% 50% C-2 50% 65% 50% C-3 60%50% 65% 50% Lr' C-4 60% 70%0 20% B-1 65% 30% Plan 50% B-2 65% 20% timc of Sitc Plait 50% T-1 50% 70% 20%(Bldg.<10,000.sf) 10% (Bldg. 210,000sf) 1-2 50% 70% 20%(Bldg.< 10,000 s..f) 10% (Bldg. $ 10,000 sf.) HC Pcr Conccpt Plan at 65% 50% t -Z�:'.:g 50% * Interior landscape area(excluding bufferyards)is based on the greater of the square footage of either the first floor of the building or any single floor above. For buildings greater than 20,000 square feet,the landscape area is determined by multiplying the building's width by a depth of 60 feet. t Landscape Ordinance Planting Requirements Lave - 1 Canopy Tree per 600 square feet 1 Accent Tree per 300 square feet - 1 Shrub per 60 square feet - Ground cover- 10%of required landscape area L:\CITYDOCS\ORD\DRAFT\ZONING\480BB.CH3 ORDINANCE REQUEST FORM Please till out the following information related to your request for consideration of a new ordinance or revision to an existing ordinance. A disk copy of this form can be provided to allow you to insert your comments in typed form. Contact Kim Bush in the City Manager's office at (817) 481-5581. ext 70/. SHORT TITLE: Zoning Ordinance - Impervious Coverage Regulations TYPE OF PROJECT: Ordinance: New Ordinance , Minor Revision , Major Revision Master Plan Component: New Item , Minor Revision , Major Revision Project: New Project ,Minor Revision , Major Revision REQUESTED BY: Scott Martin/Bill Kemp/Gary Fawks Date of Request: 7/30/97 Citizen CC Yes P&Z ZBA X PB SPIN Staff Other Board or Group: Outline problem, concern or opportunity. (Do not define solution) l. Run-off control/mitigation to lessen drainage impacts. 2. To lessen erosion of natural stream beds Although the landscape ordinance sets minimum parameters for landscape areas, no current regulations address overall total impervious coverage allowed. List any potential considerations. (Do not define solution) 1. Will lessen financial demands to "concrete over" our natural stream beds. '. Will help maintain our existing native trees through keeping their critical root zone open for water & gas exchange. 3. The Committee attempted to be mindful the maximum building coverage allowed as we drafted these proposed requirements, however the reality of the situation is that rarely if ever is the maximum lot coverage ever achieved, therefore it may be very realistic to decrease the maximum allowed impervious coverage in many districts. General Comments: Southlake citizens do not want to live amongst a "sea of parking" as is allowed in most other communities. List any references to be reviewed (other cities, etc.) or any documents attached to this request. a. Draft ordinance prepared by Karen Gandy based on workgroup recommendations. L r L..\WP•FILES'PROJECTS'PRIORITY.PROJ-REQ.FR.`f"° u:°D July 30. 199" Page 1 of 1 • L Memorandum Dote: 0743197 Tel Karen Gandy CO C.Hawk,G.Last,D.Edmondson,A.Creighton Frau Gary Pewits RE: Impervious Coverage Regulations In an effort to help address the numerous challenges related to drainage and runoff that face our oommunrty, and in accordance with the City Council priority list, our watt group has prepared the attached list of proposed impervious coverage regulations for each zoning district. We believe that the test way to handle this will be to amend each of the zoning district's development regulations as opposed to creating a new ordinance. Please note there is one recommended change to the maximum building coverage(in the C3 District).The definition of impervious coverage that you used In 480-Y would appear to be appropriate for these regulations as well.I do believe we will need to repeal the percentage included in 480 - Y as a part of this action so it may be governed by,the underlying zoning district. Please have these drafted into ordinance form and placed on the Council agenda for July 15, 1997 as a discussion tern. This will allow the Council the opportunity to di--cuss the concept of these changes prig to sending the ordinance to P&Z, and hopefully thereby expedite the process. Please contact me if you have any Questions or comments. I will be in town through July 8"if we need to discuss this any further next week. • RECD -JUL 0 71997 L • 1(e-1Z- - - - - - -- - - - -- ..-- o f .C- •A- 1 n r Impervious Coverage Regulations Proposed Coverage Limits District Bldg Cover Imp Cover 0-1 50% 65% 0-2 50% 65% C-1 50% 65% C-2 50% 65% C-3 50% 65% C-4 60% 70% B-1 50% 65% B-2 50% 65% 1-1 50% 70% 1-2 50% 70% HC 50% 65% MF1 30% 40% MF2 40% 50% CS 50% 65% L tl��t3 L N >,...0 (ay" .ca 9. a. cc: a4 U L U O la ;:: {g;•::: > E N c- 0 HMI iiaig: 0 c 0 V ' R. : ' ki U '>) a O. • L 8 t474. 0 0 up :: .i:t.::::: iiiiii CA 0' U C ate+ a.. C vl a+ a> a0 a0 id"'"'"' ''"'' O C CO N N gitIniiiiiiigiiiii .8 -0 -0 -0 -0 -0 000a�i 0ti:::::4inir:iinE '5." ''' (/N(/�� 0U C.)i > N N 000 0000 0 0I ! : :1 >i<» ». z z zz z z z zz Ea - 5, !.::.;g:Ks,....:...-.-.-:.:.:.:.:.:-. 0 00 c c e3 74 a,1C U ° .�.. C U :..;iii.: .4 H L -ao 'L7 ::?:!% z::>::::::: ::: 'C COt) i C = Q -o ... >, > U y a Q 0 ... o OD OD f[`/'� Qrri -0 c., G U C C i �yo. 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U n..5 �3 U o..5 Z Z Z Z Z Z ::> a) = Cl,lla 1111 1111 .= 4) w O O c a CA owo„ E ;N'9'::i:i :. ]i"ii i > O > a COcO rr4 �:i: y a) C U N ili4:' :::` :: U N O > w y. :::: :::> >:> p ? ca a) as: a p k to C7 a) O ` C O — a) q ?.::: :: = O O to i a • -A Q. : > v, O x y by to c O C > a.= C o ,n O !It" ii Y al o �/yl f. y ww y o _ . ` a) �, w� z cn kn U = 3 C w N fV '3 ' ul Ca :i:: :::; ca ca 7 0 > ,C0 w F e Z s O is(4000.:.i »;: C a)c op CO C p q U o 7 - z w *FA Z1)0 a _ ,� u cV LT- _ w E U w U a. :i W O O z y p .i .......... .....;<:::<::`.::<:::;::ii::::::>::::::i::i:'::::»::s:�>:;;::::;:;<<::;<:::>:>::>::>::i;;;:>::::::'::;,:,::::<:>:::::i :�>::>:.; u:::::;:::;;::.;:;::>:::> ;a::�;;:•;::<•>:c<;:a.>;.s:n:.:;.s:a...................................................... 1 City of Southlake, Texas I 1 I MEMORANDUM illo '' February 12, 1998 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Discussion Item, Ordinance No. 480-CC, Residential Adjacency Regulations Attached is Ordinance No. 480-CC which reflects the recommendations of the work group, comprised of Councilmember Muller, Commissioner Edmondson and Commissioner Creighton. The work group's objective was to preserve the quality of residential life and to protect property values within all existing and future residential neighborhoods from developing non-single family residential uses within 400' of any single family residential property. The regulations attempt to maintain a generally harmonious outward appearance of non-single family residential structures adjacent to single family residential properties. The City Attorney has reviewed this draft and has recommended some changes which are redlined in the attached draft. Any additional questions and concerns could be addressed in Executive Session. Section 1 establishes that all non-single family residential districts within 400' of zoned single family residential properties or planned low or medium density residential properties would have to comply with additional development standards as set forth in a new section of the ordinance entitled, Residential Adjacency Regulations. Section 2 sets forth the objectives of the new standards and provides for the following: • Definitions, specific to this new section of the ordinance; • Site plan approval by the Commission and Council for all non-single family residential properties within the 400' area adjacent to any existing or proposed single family residential property; and • Regulations addressing exterior finish, height, exterior lighting,waste disposal, roof design, screening for mechanical equipment and special requirements if located on a corner lot with frontage on a residential street (e.g., setbacks, window and door design, lot coverage). Note that a variance and appeal section is also provided which is similar to the provisions in the corridor overlay zone. Sections 3 - 9 are the standard boilerplate included in all ordinances. Please place this item on the Council's February 17, 1998 agenda for their discussion and direction in forwarding the amendment to the Planning and Zoning Commission for review and consideration. Should you have questions regarding the ordinance amendment, please call Councilmember Muller (481-6644), Commissioner Creighton (488-1390), Commissioner Edmondson (488-3144) or me at 481-5581, extension 743. LIE—i City of Southlake, Texas j Curtis E. Hawk, City Manager Le-2p' ebruary 12, 1998 age Two enc Ordinance No. 480-CC Advocacy Form Comparison Chart(Corridor Overlay, Original Neighborhood Preservation Ordinance, Ordinance 480-CC Requirements) Original Neighborhood Preservation Ordinance (480-Q, Draft 9b) Response Letters i I I I ( F-Z PROJECT ADVOCACY FORM LPlease fill out the followinginformation related to your request for consideration of a project, ordinance or revision to an existing ordinance. A disk copy of this form can be provided to allow you to insert your comments in typed form. Contact Kim Bush in the City Manager's office at (817) 481-5581. ext 702. SHORT TITLE: Residential Adjacency Standards TYPE OF PROJECT: Ordinance: New , Minor Revision , Major Revision X* . Master Plan Component: New , Minor Revision , Major Revision Project: New , Minor Revision , Major Revision Other: * Neighborhood Preservation Ordinance No. 480-Q REQUESTED BY: Councilperson Muller CC X , P&Z , BA. , PB , STAFF , OTHER: DATE OF REQUEST: 11/96 DATE RECEIVED: 11/96 BY: Comm.Dev. Outline problem, concern or opportunity. (Do not define solution) (.0,0, 1. Preservation of property values and quality of life for single family residential properties not protected by the Corridor Overlay Zone regulations. List any potential considerations. (Do not define solution) 1. Height/setback standards 2. Roof and window design similar to residential 3. Masonry materials 4. Screening and landscaping General Comments: 1. Use Ordinance No. 480-Q,Neighborhood Preservation Ordinance, as a starting point List any references to be reviewed (other cities, etc.) or any documents attached to this request: (04.0, k'RES_ADJ.WPD Form Date:February 13, 1998 1 t ` v Le February 6, 1998 Post-attorney Mtg. 1 ORDINANCE NO. 480-CC 7 3 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS 4 AMENDED,THE COMPREHENSIVE ZONING ORDINANCE 5 OF THE CITY OF SOUTHLAKE, TEXAS, CREATING 6 RESIDENTIAL ADJACENCY DEVELOPMENT 7 REGULATIONS FOR NON-SINGLE FAMILY RESIDENTIAL 8 DEVELOPMENTS WITHIN FOUR HUNDRED (400) FEET 9 OF PROPERTIES ZONED SINGLE-FAMILY RESIDENTIAL 10 OR DESIGNATED LOW OR MEDIUM DENSITY 11 RESIDENTIAL ON THE CITY LAND USE PLAN; 12 PROVIDING THAT THIS ORDINANCE SHALL BE 13 CUMULATIVE OF ALL ORDINANCES; PROVIDING A 14 SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY 15 FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS 16 CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET 17 FORM;PROVIDING FOR PUBLICATION IN THE OFFICIAL 18 NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 19 WHEREAS, the City of Southlake, Texas, is a home rule city acting under its charter L adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 22 9 of the Local Government Code; and 23 24 WHEREAS, the City of Southlake has heretofore adopted Ordinance No. 480. as amended. 25 as the zoning ordinance of the city; and 26 27 WHEREAS, the City of Southlake has historically developed as a residential community 28 which is particularly suited for the development of a quality residential lifestyle which is separated 29 from non-single family residential developments which might adversely impact said residential 30 neighborhoods; and 31 32 WHEREAS, several existing and planned residential neighborhoods are located adjacent to 33 properties which are developing or will be developed for business and commercial use; and 34 35 WHEREAS, the city council of the City of Southlake recognizes the vital importance of 36 residential neighborhoods and the need to preserve and protect residential neighborhoods from the 37 adverse effects of adjoining non-single family residential uses; and 38 39 WHEREAS,the city council desires to protect and enhance the attractiveness of the city to 40 visitors; to promote and stimulate the economy; to ensure the harmonious, orderly and efficient growth and development of the city; to preserve property and property values; and to maintain a generally harmonious outward appearance of both single family residential and non-single family residential structures which are compatible and complementary; and c d L:ICITYDOCSIORDIDRAF71ZOVINGI d80-CCLRED I ( F-1 (6•01 February 6, 1998 Post-attorney Mtg. 1 WHEREAS, the city council desires to adopt this ordinance for the purpose of preserving 2 and protecting the quality of residential life of existing and future residential neighborhoods by 3 adopting reasonable regulations that will promote non-single family residential development that is 4 compatible and complementary with adjoining single family residential properties. 5 6 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 7 OF SOUTHLAKE,TEXAS: 8 9 SECTION 1. 10 11 Ordinance No. 480,as amended, is hereby amended by adding new sections 8.6, 16.6, 17.6, 12 18.6, 19.4, 20.6, 21.6, 22.6, 23.6, 24.6, 25.6, 26.6, 27.6, 28.6, 29.6, 30.6, 31.4 and 32.4 each 13 respectively to read as follows, and by renumbering the remaining sections accordingly: 14 15 "ADDITIONAL DEVELOPMENT REGULATIONS PROPERTIES LYING 16 WITHIN FOUR HUNDRED FEET (400') OF PROPERTY ZONED SINGLE 17 FAMILY RESIDENTIAL OR DESIGNATED AS LOW OR MEDIUM DENSITY 18 RESIDENTIAL ON THE CITY LAND USE PLAN" - In addition to the 1 development regulations applicable to this district, the development regulations established in Section 37 of this ordinance, shall also apply. 22 SECTION 2. 23 24 Ordinance No. 480, as amended, is hereby amended by adding new Section 37, to read as 25 follows: 26 27 "SECTION 37 28 RESIDENTIAL ADJACENCY REGULATIONS 29 30 37.1 PURPOSE AND INTENT - In order to preserve and protect sigitifieaftt 31 architectural and cultural attributes of the integrity of residential 32 neighborhoods within the City of Southiake, and in an effort to support the 33 quiet enjoyment of single family residential properties and to maintain 34 property values,the City has determined that it is necessary and appropriate 35 to adopt specialized regulations for that purpose. 36 37 It is the intent of this Scction that 38 sitall-surersede-attrather--prev.isiert-established-by-this-etelirtaftee-er-other 39 , 40 . When any requirements in this section are in conflict with the requirements of the underlying zoning district, the more stringent requirements shall apply." PAGE 2 L:ICITYDOCSIORDIDR-IF71ZONING1480-CCI.RED February 6, 1998 Post-attorney Mtg. 1 37.2 DEFINITIONS-The following definitions shall be applicable to this section. 4 5 6 eentrnnftity. 7 8 Control Distance: Means the area within 400' of the developing non-single 9 family residential use.This distance is measured from the property line of the 10 developing tract to the property line of either the zoned single family 11 residential property or the designated low or medium density residential 12 property as shown on the City Land Use Plan. 13 14 15 either independently or by virtue of thcir interrelationship, arc generally 16 17 action characteristic of a population or community. Accordingly, the term 18 „ 19 is defined in this section. The term "cultural attributes" does not refer to the area. 22 23 Non-single family residential use: Means all nonresidential district uses as 24 well as two-family and multiple-family district uses. 25 26 Single Family Residential Property: Means any lot or tract of land with 27 single family residential zoning or any lot or tract of land designated as low 28 or medium density residential on the Land Use Plan. 29 30 Under Construction: Means that a valid building permit has been issued by 31 the City for construction of a single family residential dwelling. 32 33 Visible: Means that the object(s) being screened can be seen from single 34 family residential properties located within the control distance when viewed 35 at ground level along the street frontage of the residential property. 36 37 37.3 DEVELOPMENT REGULATIONS: In addition to the development 38 regulations applicable to the underlying district, all developing non-single 39 family residential properties with single family residential properties located 40 within the control distance shall submit a site plan meeting the requirements set forth in Section 40 of this ordinance. This site plan shall be reviewed and approved by the Planning and Zoning Commission and the City Council and PAGE 3 L:ICI7YDOCSIORDID24F71ZONING1480-CC I.RED L February 6, 1998 Post-attorney Mtg. 1 shall meet the following additional development regulations. 2 3 1. Exterior Finish: All structures shall have an exterior finish of brick or 4 natural stone covering a minimum of eighty percent (80%) of the area 5 of each facade, excluding doors and windows. 6 7 2. Maximum Height: All structures shall meet the height/setback ratio as 8 set forth in Section 43.11 of this ordinance. 9 10 3. Exterior Lighting: Any exterior lighting shall meet the standards set 11 forth in Section 43.12 of this ordinance. 12 13 4. Trash Receptacles: No trash receptacles shall be allowed within fifty 14 feet(50') of single family residential property and shall be located and 15 screened in accordance with Section 43.9c.2.d of this ordinance. 16 17 5. Roof Requirements: The roof systems of all structures shall be of a 18 residential character and shall be constructed in the following manner: 19 a. Roof type(e.g., gabled,hipped, shed,ete:or other similar roof type typical to residential construction within the City of Southlake); 22 23 b. Roof pitch (e.g., 6:12, 8:12, 10:12, etc-7 or other similar roof pitch 24 typical to residential construction within the City of Southlake); 25 26 c. Roof material (e.g., composition shingles, slate, manmade slate,ete 27 or other similar product typical to residential construction within the 28 City of Southlake). 29 30 In the event that such a roof system would cause the height of the 31 structure to exceed the maximum height as permitted, or proves to be a 32 hardship, a mansard roof system (enclosed on all sides) may be utilized 33 provided that the mansard roof has a pitch between 6:12 and 10:12, a 34 minimum height of twenty-five feet(25'), and is clad with composition 35 shingles, slate or a manmade slate-like product. 36 37 6. Location: If the non-single family residential lot is located on the corner 38 lot which abuts the same residential street as single family residential 39 property and if any single family residential property is within the 40 control distance, the following shall be required: c.„ a. Front and Side Yards: The reguleteel non-single family residential PAGE 4 L:IC/TYDOCSIORDIDRAF71ZONINGId80-CCI.RED l I F-7 February 6, 1998 Cre Post-attorney Mtg. 1 structure shall have front and side yards equivalent to the front and 2 side yards required for the single family residential property, but not 3 less than the front and side yards as required by the underlying 4 zoning district of the regttiateel non-single family residential 5 structure. 6 7 b. Window and Door Requirements: The window and door treatments 8 of all office structures shall be of a residential character and shall be 9 constructed in the following manner: 10 11 1. Windows (e.g., single-hung, double-hung, casement, awning, 12 etc. or other similar window treatment typical to residential 13 construction within the City of Southlake); 14 15 2. Doors (e.g., flush, paneled, french, etc. or other similar door 16 type typical to residential construction within the City of 17 Southlake) 18 19 c. Lot Coverage: The lot coverage shall be the same as, or less than, the adjacent single family residential property. 22 7. Mechanical Equipment Screening: All buildings must be designed such 23 that no roof-mounted mechanical equipment (HVAC, etc.) or satellite 24 dishes in excess of eighteen inches (18") in height diameter shall be 25 visible(as defined herein). Ground-mounted mechanical equipment and 26 satellite dishes in excess of eighteen inches (18") in height diameter 27 shall be screened by a wooden or masonry fence or by landscaping 28 material to a height one foot higher than the object being screened. 29 30 37.4 VARIANCES AND APPEALS: At the time of review of any required 31 Concept Plan or Site Plan, the City Council may grant variances to the 32 development regulations set forth in this Section. 33 34 1. To receive a variance, the applicant must demonstrate the following: 35 36 a. A variance will reduce the impact of the project on surrounding 37 single family residential properties; or 38 39 b. A variance is necessary to assure compatibility with surrounding 40 developed properties; or. 2. The City Council may grant a variance by an affirmative vote of a PAGE 5 L:ICITYDOCSIORDIDRAF71ZONINGId80-CCI.RED U ( F—B 4 (be February 6, 1998 Post-attorney Mtg. 1 majority of the City Council members present and voting on the matter. 2 In order to grant a variance, the City Council must determine that a 3 literal enforcement of the regulations will create an unnecessary 4 hardship or a practical difficulty for the applicant; that the situation 5 causing the unnecessary hardship or practical difficulty is unique to the 6 affected property; that the variance will not injure the use and permitted 7 development of adjacent properties; and that the granting of the 8 variance will be in harmony with the spirit and purpose of this 9 ordinance. 10 11 3. If a variance application is denied by the City Council,no other variance 12 of like kind relating to the same project or proposed project shall be 13 considered or acted upon by the City Council for a period of six (6) 14 months subsequent to the denial. 15 16 17 SECTION 3. 18 19 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake. cp„, 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. 23 SECTION 4. 24 25 It is hereby declared to be the intention of the City Council that the phrases, clauses. 26 sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause. 27 sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid 28 judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect 29 any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since 30 the same would have been enacted by the City Council without the incorporation in this ordinance 31 of any such unconstitutional phrase, clause, sentence, paragraph or section. 32 33 SECTION 5. 34 35 Any person, firm or corporation who violates,disobeys,omits,neglects or refuses to comply 36 with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more 37 than Two Thousand Dollars ($2,000.00)for each offense. Each day that a violation if permitted to 38 exist shall constitute a separate offense. 39 40 SECTION 6. PAGE 6 L:I CI7YDOCSIORDIDRAF71ZONING1180-CCI.RED • February 6, 1998 Lie Post-attorney Mtg. 1 2 All rights and remedies of the City of Southlake are expressly saved as to any and all 3 violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting 4 zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued 5 violations and all pending litigation,both civil and criminal, whether pending in court or not, under 6 such ordinances, same shall not be affected by this ordinance but may be prosecuted until final 7 disposition by the courts. 8 9 SECTION 7; 10 11 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance 12 in book or pamphlet form for general distribution among the public, and the operative provisions of 13 this ordinance as so published shall be admissible in evidence in all courts without further proof than 14 the production thereof. 15 16 17 SECTION 8. 18 19 The City Secretary of the City of Southlake is hereby directed to publish the proposed Lordinance 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 22 ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of 23 its provisions, then the City Secretary shall additionally publish this ordinance or its caption and 24 penalty in the official City newspaper one time within ten days after passage of this ordinance. as 25 required by Section 3.13 of the Charter of the City of Southlake. 26 27 SECTION 9. 28 29 This ordinance shall be in full force and effect from and after its passage and publication as 30 required by law, and it is so ordained. 31 32 33 34 35 36 37 38 39 40 PAGE 7 L:ICITYDOCSIORDIDRAF71ZONING1-180-CCIRED I ( F- ta February 6, 1998 Post-attorney Mtg. 1 PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 2 , 1998. 3 4 5 6 MAYOR 7 8 9 ATTEST: 10 11 12 13 CITY SECRETARY 14 15 16 PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 17 , 1998. 18 19 MAYOR 22 23 24 ATTEST: 25 26 27 28 CITY SECRETARY 29 30 31 EFFECTIVE: 32 33 APPROVED AS TO FORM AND LEGALITY: 34 35 36 37 CITY ATTORNEY C L:\CITYDOCS\ORD\DRAFT\ZONING\480-CC LRED PAGE 8 • t ^ 3 ` . — a, r o a .., z -- y — Q w .,_ ` .o L ,.::,:„,,, ,,,:„,::::::::,::„::::,:,:,:.::,.. ,..& ...... .,... t _ CJ Q a, a) J y i Q cn > n ao : to I) c Q. > c, c c L> zS ! : .N 5n c n z :Y a = L a - aci Z p '`a y z o °'o— - 0 0 a Z >, o -o n o .►.. .. >, Oy 8 .N Z .b O I t4 C L O riS• : ccz p ate) >, =G •zt U hi dA CIAO '11 eti Z y -o o O i y h ii:<4..M a,'o L L Co 3 o ; :: Q a) '" O ca = : :: :::;:;: y :..:.::. 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U Fw G ZC7, ci) C7 ZC7 >: <i:>:: Z W _ .- UXZZUA < Z U5 " FaUG Z —W j OZ O � a U cCQUGr. ri v) , C l ( F-18 DRAFT 9b October 10, 1995 1 ORDINANCE NO. 480-Q 2 3 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS 4 AMENDED,THE COMPREHENSIVE ZONING ORDINANCE 5 OF THE CITY OF SOUTHLAKE, TEXAS, CREATING 6 NEIGHBORHOOD PRESERVATION SPECIAL 7 DEVELOPMENT REGULATIONS FOR NONRESIDENTIAL 8 DEVELOPMENTS WITHIN CERTAIN ZONING DISTRICTS; 9 PROVIDING THAT THIS ORDINANCE SHALL BE 10 CUMULATIVE OF ALL ORDINANCES; PROVIDING A 11 SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY 12 FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS 13 CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET 14 FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL 15 NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. 16 17 WHEREAS, the City of Southlake, Texas, is a home rule city acting under its charter 18 adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 19 9 of the Local Government Code; and WHEREAS, the City of Southlake has heretofore adopted Ordinance No. 480, as amended. 22 as the zoning ordinance of the city; and 23 24 WHEREAS, the City of Southlake has historically developed as a residential community 25 which is particularly suited for the development of a quality residential lifestyle which is separated 26 from non-residential developments which might adversely impact said residential neighborhoods: 27 and 28 29 WHEREAS, several existing and planned residential neighborhoods are located adjacent to 30 properties which are developing or will be developed for business and commercial use; and 31 32 WHEREAS, the city council of the City of Southlake recognizes the vital importance of 33 residential neighborhoods and the need to preserve and protect residential neighborhoods from the 34 adverse effects of adjoining non-single family residential uses; and 35 36 WHEREAS, the city council desires to protect and enhance the attractiveness of the city to 37 visitors; to promote and stimulate the economy; to ensure the harmonious, orderly and efficient 38 growth and development of the city; to preserve property and property values; and to maintain a 39 generally harmonious outward appearance of both single family residential and non-single family 40 residential structures which are compatible and complementary; and L L:1 CITYDOCSIORD I DRAF7!NEIGHBOR I DFT9B.CL."" ttF-I9 • DRAFT 9b October 10, 1995 1 WHEREAS, the city council desires to adopt this ordinance for the purpose of preserving 2 and protecting the quality of residential life of existing and future residential neighborhoods by 3 adopting reasonable regulations that will promote non-residential development that is compatible 4 and complementary with adjoining single family residential properties. 5 6 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 7 OF SOUTHLAKE, TEXAS: 8 9 SECTION 1. 10 11 Ordinance No. 480, as amended, is hereby amended by adding new sections 8.6, 16.6, 17.6, 12 18.6, 19.4, 20.6, 21.6, 22.6, 23.6, 24.6, 25.6, 26.6, 27.6, 28.6, 29.6, 30.6, 31.4 and 32.4 each 13 respectively to read as follows, and by renumbering the remaining sections accordingly: 14 15 "ADDITIONAL DEVELOPMENT REGULATIONS FOR PROPERTIES LYING 16 WITHIN FOUR HUNDRED FEET (400') OF SINGLE FAMILY RESIDENTIAL 17 PROPERTY" - In addition to the development regulations applicable to this district, 18 the development regulations established in Section 37 of this ordinance, shall also clopy apply. SECTION 2. 22 23 Ordinance No. 480, as amended, is hereby amended by adding new Section 37, to read as 24 follows: 25 26 SECTION 37 27 NEIGHBORHOOD PRESERVATION DEVELOPMENT REGULATIONS 28 29 37.1 PURPOSE AND INTENT - In order to preserve and protect significant 30 architectural and cultural attributes of the City of Southlake, the City has 31 determined that it is necessary and appropriate to adopt specialized 32 regulations to prevent any detrimental impact from the location of non-single 33 family residential uses in proximity to single family residential uses. 34 35 It is the intent of this Section that the development standards set forth herein 36 shall supersede any other provision established by this ordinance or other 37 ordinances, except that when conflicting requirements are found, the more 38 stringent requirements shall apply. However, the following exception shall 39 apply: Corridor Overlay Zone requirements found in Section 43 shall take 40 precedence if there are conflicting standards in this section. L PAGE 2 L:ICITYDOCSIORDIDRAFT.VEIGHBORIDFT9B.CL.V (16.0, DRAFT 9b October 10, 1995 1 37.2 DEFINITIONS -The following definitions shall be applicable to this section. 3 Architectural Attributes: Means those physical features of buildings and 4 structures that are generally identified and described as being important 5 products of human thought and action characteristic of a population or 6 community. 7 8 Cultural Attributes. Means all of those physical features of an area that, 9 either independently or by virtue of their interrelationship, are generally 10 identified and described as being important products of human thought and 11 action characteristic of a population or community. Accordingly, the term 12 "cultural attributes" necessarily includes"architectural attributes" as that term 13 is defined in this section. The term "cultural attributes" does not refer to the 14 characteristics or beliefs of people who may reside in or frequent a particular 15 area. 16 17 Single Family Residential Property: Means any lot or tract of land upon 18 which a single family residential home exists or any lot or tract of land with (ow single family residential zoning or any lot or tract of land designated as low or medium density residential on the Land Use Plan. 22 Under Construction: Means that a valid building permit has been issued by 23 the City for construction of a single family residential dwelling. 24 25 Visible: Means that the object(s) being screened can be seen from any 26 elevation equal to the grade which is defined as the lowest point of elevation 27 of the finished surface of the ground, paving or sidewalk when measured on 28 a line five feet (5') from the building. 29 30 37.3 DEVELOPMENT REGULATIONS: In addition to the development 31 regulations applicable to the underlying district, the following additional 32 development regulations shall apply to all developing properties lying within 33 four hundred feet(400') of single family residential property measured from 34 the property line of the non-single family residential use, hereinafter known 35 as the "control distance." 36 37 1. Exterior Finish: All structures shall have an exterior finish of brick or 38 natural stone covering a minimum of eighty percent (80%) of the area 39 of each facade, excluding doors and windows. 40 2. Maximum Height: All structures shall not exceed the maximum height permitted in the "SF-1A" Single Family Residential District. PAGE 3 L:ICITYDOCSIORDIDRAF7INEIGHBORIDFT9B.CL:V 1IP21 DRAFT 9b October 10, 1995 1 2 3. Exterior Lighting: The exterior lighting shall operate in such a manner 3 as to ensure that lighting patterns are directed onto the non-single family 4 residential property and do not directly project onto adjacent single 5 family residential property. 6 7 4. Trash Receptacles: No trash receptacles shall be allowed within fifty 8 feet (50') of single family residential property. Masonry screening 9 walls shall be constructed around all trash receptacles. Screening walls 10 shall be four-sided with an opaque gate and shall be a minimum height 11 of eight feet (8'). 12 • 13 5. Performance Standards: 14 15 a. Waste Collection and Disposal: Developments shall ensure that the 16 disposal of and collection of solid waste,trash and other refuse into 17 trash receptacles or dumpsters does not occur between the hours of 18 10:00 p.m. and 7:00 a.m. 1 b. Deliveries: Developments shall ensure that deliveries made by vehicles exceeding 10,000 pounds gross vehicle weight (G.V.W.) 22 shall not be received nor dispatched between the hours of 10:00 23 p.m. and 7:00 a.m. 24 25 6. Roof Requirements: The roof systems of all structures shall be of the 26 same type (e.g., gable, hip, shed) and the same pitch (e.g., 6:12, 8:12, 27 10:12), and clad of the same materials that are found on the majority of 28 single family residential properties lying within the control distance. 29 In the event that such a roof system would cause the height of the 30 structure to exceed the maximum height as permitted, a mansard roof 31 system may be utilized provided that the mansard roof is enclosed on all 32 sides and that the pitch, height and cladding of the mansard roof is 33 compatible with the roof systems on the majority of single family 34 residential properties within the control distance. On single-story 35 structures,the highest point of the mansard roof(using the measurement 36 method established by the currently adopted Uniform Building Code) 37 shall meet the height of the majority of single-story single family 38 dwellings within the control distance. On multiple story structures, the 39 highest point of the mansard roof (using the measurement method 40 established by the currently adopted Uniform Building Code) shall meet the height of the majority of multiple story single family dwellings within the control distance. PAGE 4 L:ICITYDOCSIORDIDR4F7WEIGHBORIDFT9B.CL.V 11F 22) DRAFT 9b October 10, 1995 1 a. Insufficient Comparisons Available: In the event that single family 2 residential property within the control distance contains fewer than 3 three (3) residences existing or under construction or in the event 4 that there is no majority of style of single family residential 5 property within the control distance, the roof systems of all 6 structures subject to this regulation shall be gable or hip with 6:12 7 minimum pitch and clad with composition shingles, slate or a man- 8 made slate-like product. In.the event that such a roof system 9 would cause the height of the structure to exceed the maximum 10 height as permitted, a mansard roof system (enclosed on all sides) 11 may be utilized provided that the mansard roof has a pitch between 12 6:12 and 10:12, a minimum height of twenty-five feet (25') and is 13 clad with composition shingles, slate or a man-made slate-like 14 product. 15 16 7. Location: If the structure to be regulated is located on the same street 17 as single family residential property and if single family residential 18 property is within the control distance, the following shall be required: n a. Front and Side Yards: The regulated structure shall have front and side yards equivalent to the front and side yards required for the 22 single family residential property, but not less than the front and 23 side yards as required by the underlying zoning district of the 24 regulated structure. 25 26 b. Parking Limitations: If the regulated structure is oriented the same 27 as the single family residential property, no vehicular parking shall 28 be permitted in the area which comprises the front yard of the non- 29 single family residential structure. 30 31 c. Display of Merchandise: If the regulated structure is oriented the 32 same as the single family residential property, the regulated 33 structure shall not display sales merchandise in windows visible 34 from single family residential properties. 35 36 d. Window and Door Requirements: All structures shall have 37 window(e.g., single-hung, double-hung, casement, awning...) and 38 door(e.g., flush, paneled, french...) structures similar to those that 39 are found on the majority of single family residential property lying 40 within the control distance. L PAGE 5 L:ICITYDOCSIORDIDRAF71NEIGHBORIDF I9B.CLN DRAFT 9h October 10, 1995 1 1. Insufficient Comparisons Available: In the event that single 2 family residential property within the control distance 3 contains fewer than three (3) residences existing or under 4 construction or in the event that there is no majority of style of 5 single family property within the control distance, window 6 structures shall be single-hung, double-hung, casement or 7 awning, and door structures shall be flush, paneled or french. 8 9 8. Mechanical Equipment Screening: All buildings must be designed such 10 that no roof-mounted mechanical equipment (HVAC, etc.) or satellite 11 dishes in excess of eighteen inches (18") in height shall be visible (as 12 defined herein). Ground-mounted mechanical equipment and satellite 13 dishes in excess of eighteen inches (18") in height shall be screened by 14 a wooden or masonry fence or by landscaping material to a height one 15 foot higher than the object being screened. 16 17 37.4 VARIANCES AND APPEALS: At the time of review of any required 18 Concept Plan or Site Plan, the City Council may grant variances to the (ow development regulations set forth in this Section. 1. To receive a variance, the applicant must demonstrate the following: 22 23 (a) A variance will reduce the impact of the project on surrounding 24 residential properties; 25 26 (b) Compliance with this ordinance would impair the architectural 27 design or creativity of the project; 28 29 (c) A variance is necessary to assure compatibility with surrounding 30 developed properties; or 31 32 (d) The proposed construction is an addition to an existing project that 33 does not meet the requirements of this ordinance. 34 35 2. The City Council may grant a variance by an affirmative vote of a 36 majority of the City Council members present and voting on the matter. 37 In order to grant a variance, the City Council must determine that a 38 literal enforcement of the regulations will create an unnecessary 39 hardship or a practical difficulty for the applicant; that the situation 40 causing the unnecessary hardship or practical difficulty is unique to the affected property; that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent PAGE 6 L:ICITYDOCSIORDIDRAFILVEIGHBORIDFT9B.CLA • DRAFT 9b October 10, 1995 1 properties; and that the granting of the variance will be in harmony with 2 the spirit and purpose of this ordinance. 3 4 3. If a variance application is denied by the City Council,no other variance 5 of like kind relating to the same project or proposed project shall be 6 considered or acted upon by the City Council for a period of six (6) 7 months subsequent to the denial. 8 9 SECTION 3. 10 11 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, 12 Texas,except where the provisions of this ordinance are in direct conflict with the provisions of such 13 ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. 14 15 SECTION 4. 16 17 It is hereby declared to be the intention of the City Council that the phrases, clauses, 18 sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, 19 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 22 the same would have been enacted by the City Council without the incorporation in this ordinance 23 of any such unconstitutional phrase, clause, sentence, paragraph or section. 24 25 SECTION 5. 26 27 Any person, firm or corporation who violates, disobeys,omits, neglects or refuses to comply 28 with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more 29 than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation if permitted to 30 exist shall constitute a separate offense. 31 32 SECTION 6. 33 34 All rights and remedies of the City of Southlake are expressly saved as to any and all 35 violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting 36 zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued 37 violations and all pending litigation,both civil and criminal,whether pending in court or not, under 38 such ordinances, same shall not be affected by this ordinance but may be prosecuted until final 39 disposition by the courts. 40 L PAGE 7 L:ICITYDOCS\ORDIDRAFTI1VEIGHBORIDFT9B.CLN l t` -ZC DRAFT 9b October 10, 1995 1 SECTION 7. 3 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance 4 in book or pamphlet form for general distribution among the public, and the operative provisions of 5 this ordinance as so published shall be admissible in evidence in all courts without further proof than 6 the production thereof. 7 8 SECTION 8. 9 10 The City Secretary of the City of Southlake is hereby directed to publish the proposed 11 ordinance or its caption and penalty together with a notice setting out the time and place for a public 12 hearing thereon at least ten (10) days before the second reading of this ordinance, and if this 13 ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of 14 its provisions, then the City Secretary shall additionally publish this ordinance or its caption and 15 penalty in the official City newspaper one time within ten days after passage of this ordinance, as 16 required by Section 3.13 of the Charter of the City of Southlake. 17 18 SECTION 9. 19 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. 23 24 25 26 27 28 PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 29 , 1996. 30 31 32 33 MAYOR 34 35 36 ATTEST: 37 38 39 40 CITY SECRETARY 4, PAGE 8 L.ICITYDOCSIORDIDRAF71NEIGHBORIDFT9B.CL.V IfF-26 DRAFT 9b October 10, 1995 1 PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 2 , 1996. 3 4 5 6 MAYOR 7 8 9 ATTEST: 10 11 12 13 CITY SECRETARY 14 15 16 EFFECTIVE: 17 18 APPROVED AS TO FORM AND LEGALITY: 22 CITY ATTORNEY L L:\C[TYDOCS\ORD\DRAFT\NEIGHBOR\DFT9B.CLN PAGE 9 11 F-27 RESPONSES RECEIVED ON L lbw NEIGHBORHOOD PRESERVATION ORDINANCE l FZS L MUNSCH HARDT KOPF HARR & DINAN, P.C. 4000 Fountain Place 1445 Ross Avenue Dallas, Texas 75202-2790 (214) 855-7500 Fax(214) 855-7584 Writer's Direct Dial No. (214)855-7552 MEMORANDUM • TO: City Council of Southlake,Texas FROM: Richard W. Wilhelm DATE: October 16, 1995 • SUBJECT: Neighborhood Preservation Ordinance I have had an opportunity to review the proposed Ordinance from the viewpoint of a citizen, %rot advisor to the economic development efforts in our City, and as an attorney representing P g numerous types of clients (including retail users), though I represent no one on this matter. I find generally that the Ordinance has very little to do with preserving a neighborhood(for it can:.be a "neighborhood" of one house which brings the additional requirements on potential users) and a lot to do with someone's efforts to make this City into a homogeneous array of buildings - lacking any ability to be innovative, different,unique or cost conscious. My thoughts are grouped into two areas; overall and specific. A. Overall 1. All vacant property along 1709 appears to be affected. Significant strips of land along Carroll and along the northern and southern sides of the Mobil and Maguire Thomas tract are now also limited in their construction. It does not make any sense to have a home, presently in a commercial area, affect the construction now, when after it is gone, this Ordinance will not be applicable. Similarly, I fail to see how a project which is across the street and behind significant landscape buffers also adversely affects the "preservation" of the neighborhood. 2. This Ordinance sets as the standard for architectural compatibility throughout .this City,,that of the home builder. An individual planning the design of a home and an individual planning the design of a retail or office facility have some, but not many of the same goals. This Ordinance mandates a city of homogeneity. The interesting result occurs, of course, when the area is across from a group of mobile homes(like at the corner of Carroll • L City Council of Southlake, Texas October 16, 1995 Page 2 and 114). 3. This Ordinance does not consider that the needs of a retail establishment differ from those of a homeowner. 4. This Ordinance will require national chains or local franchisees to modify "their look" to suit our City's particular ideas. I seriously doubt that these proven establishments will significantly modify their plans to meet your desires-therefore, we lose the opportunity to enjoy them. 5. The Ordinance eliminates or significantly limits architectural concepts. 6. This Ordinance fails to address the issue of non-conformity. What happens if a building, now non-conforming because of the passage of this Ordinance, but still conforming to the base zoning,is destroyed? Will the City require reconstruction pursuant to the new standards? What happens if sufficient funds are not available because of increased costs in meeting the Ordinance requirements? 7. This Ordinance gives no effect to,the mitigation of the impact by uses intervening between the residential property and the back of the 400 foot long conformity zone. 8. This Ordinance requires that a home across from a larger, developing center disrupts the continuity of a planned and designed area. 9. It appears that this is another way of obtaining that which you elected to waive in the Corridor Ordinance. B. Specific 1. How was the 400 foot distance determined? Is it an arbitrary number or is it based on a factual study? 2. What happens if the land use is currently residential, but it is not zoned to allow such uses? What happens if it is not residential, but there is a change to residential - would nearby buildings be required to meet the Ordinance while existing buildings don't? 3. Section 37.3(1)conflicts with the masonry ordinance which now affects these commercial buildings. Why should this be required when no homes are required to be 80% masonry and why does it limit the choices from those given in the masonry ordinance? �� F-30 Lope City Council of Southlake, Texas October 16, 1995 Page 3 4. In Sec. 37.3(2) why have a height limitation? This is already covered by the zoning ordinance-which controls in the event of a conflict? Given an adequate buffer and proper zoning why should these limits be imposed? For example, why should a building across 1709 from.a residential property be limited in height by this Ordinance? Why should a property which is buffered by (a) additional use's backing up to existing homes, and (b) separated from those homes by a city street, be limited in height by this Ordinance? from 5. Why is the trash receptacle so far firm the property line? Most establishments,for parking and ease of pick-up,prefer the receptacles to be in corner areas. 6. An.8'masonry screening wall is a structure which will have a significant cost for engineering and materials. 7. What if trash is picked up in the residential areas prior to or after the times dictated in the Ordinance? Does the City's contract with the trash hauler have similar prohibitions? kts.„ 8. The roof requirements in Sec. 37.3(6) are expensive, vague and do not contemplate the needs of a retail user. Who measures the pitch of the homes in the control area; who defines what materials are to be used (asphalt, concrete, tile, fiberglass, wood); how long will this process take; where will the retail use place its HVAC and other equipment since it cannot place them on a slanted roof? 9. The parking limitations in Sec. 7(b)will eliminate most retail and consumer oriented businesses. 10. The "no visibility of merchandise" requirement in Sec. 7(c) will eliminate most retail businesses. Those who do build, will be constructing a safe haven for crime for many studies have shown that the more open and viewable a business is,the lower the crime rate is. 11. Do the window and door requirements meet the UBC requirements? I find few retail establishments which are constructed in this manner. 12. The variance procedure is non-existent because of the requirement for hardship or unique practical difficulty. The City should be able to waive these requirements for any reason - this is not an issue coming before the ZBA. which is governed by a set of L rules and laws. The City has the power, at the time of the hearing, to make any exceptions it wishes to the Ordinance. LCit Cou ncil uncil of Southlake, Texas October 16, 1995 Page 4 Thank you for your time in allowing me'to comment. Regrettably, I feel that the concerns of some taxpayers are washing away the rights of other taxpayers(those who own the lands directly affected by this Ordinance)and significantly and materially limit this City's ability to attract new, non residential taxpayers. To make it less attractive and more expensive to do business in Southlake will have a profound,negative effect in the City's fiscal future. Perhaps you believe that the architectural monotony will bring pleasing esthetic effects; but the growth will slow and the tax bills will rise and we will have little sales tax strength to look to. Then, the same people who demand this "tasteful" Ordinance, will vilify you because of the tax - increases. Perhaps you feel that today's problems are best dealt with now with little or no regard for the future of our City. The running of the City must be a balance between many demanding forces; unfortunately I believe that this Ordinance, as written, tips that balance and will have damaging effects for years to come. • U:\USR\RWILHELNINORDEMMEM rww:js 10/16/95 L ( fF-3z Lye STRASBURGER & PRICE, L.L.P. ATTORNEYS AND COUNSELORS AUSTIN •••RTMCR56,0 IHCLI,OING M6of2551O6•L C006.06 T1ON3 SUITE 2600 500 CONOR255 Av CNUC •uSTnN.TCRAS 76201.3256 SUITE 4300 (S.2l4R9-]600 901 MAIN STREET DALLAS, TEXAS 75202 HOUSTON (214)651-4300 SUITE 2600 1221 M NNCY STRCET MOUST044.TC11A5 770,0 TELECOI*ER(214)651-4330 (713)831.3600 W. EDWARD WALTS II, P.C. MEXICO CITY (214) 651-4510 COIF-C10 VOURm•PACKARD N MOTE PCLVOtJK N0.18.PIS°S LOMAS DC CNAPULTCPCC 11000 MUUCO 0.r..MERICO October 17, 1995 011-625-202-07516 Ms. Karen Gandy VIA COURIER City of Southlake 667 N. Carroll Avenue Southlake, Texas 76092 Re: Neighborhood Preservation Ordinance Dear Karen: I have reviewed the proposed Ordinance 480-Q which is being considered by the City Council this evening and I have a question about the proposed ordinance. Section 37.3 speaks of the ordinance being applicable to "all developing properties" . Maguire/Thomas Partners - Westlake/Southlake Partnership may have ome lots in the commercial development which might be 5, 10, 15, 20 acres or more in size. Assuming that the 400 foot "control distance" affected only a portion of one of these lots, for example, if there was a 10 acre lot and the 400 foot control distance affected 1/2 an acre of this lot, then would the entire ordinance with all of its restrictions apply to the remaining 9 1/2 acres or would "all developing properties" apply only to the 1/2 acre within the control distance. Obviously, if the neighborhood preservation ordinance applied to the other 9 1/2 acres in my hypothetical, then, irrespective of the fact that the property might be zoned to permit six story office buildings, the City could arguably limit the height of any building to two stories on the remaining 9 1/2 acres and could require that the office building be constructed to look like a single family residence. If, on the other hand, the limitations and height and architectural appearance apply to the structures within the control distance and not to the remainder of the lot, then this should not generally pose a problem. We hope this point can be clarified tonight. Very truly yours, WEW:jkf cc: F. Maureen Duffy, Esq. VIA TELECOPY Mr. Tom Allen VIA TELECOPY Mr. Tony Canonaco VIA TELECOPY 33517.1/SP3/JKf/1852/101795 -10/17/85 LUE 15:5:: r'as 017 430 8750 MAGUIRE THOMAS PARTNERS tqCtO2 Nnw v airgo CSn1a Eak4500 Vee;Jake TX 76262 tl I7 4?Q-0303 Lior" • October 17, 1995 VIA FAX oMr. Greg Last C ' Community Development Director CITY OF SOUTBLAKE 667 N. Carroll Ave. Southlake, Texas 75029 Re: Draft No.9 of Ordinance 480-Q Dear Greg. As we discussed earlier, Solana's owners are concerned with the possible inconsistency between provisions of the Corridor Overlay District and. the provisions of proposed Ordinance 480-Q, the Neighborhood Preservation Ordinance. (kr' The 114 Corridor Overlay District provides for basic setback requirements, including substantial setbacks from residential property, extensive development regulations which require high quality design, architecture and construction, and a shared community goal of high' quality commercial development along Highway 114 as it passes through Southlake. We have supported the Overlay District as it evolved from the initial consultant study through Ordinance passage. It is possible that the language cant<ined in Section 37.1, which appears to exclude the Corridor Overlay Zone from these regulations, should give us comfort regarding our future office building plans. However, we wish to express our concern Proposed Ordinance 480-Q would require that buildings located within 400 feet of residential properties be designed and constructed much like single family homes on large lots. These type buildings would be inconsistent with the Class A, larger floor-plate, multi-story corporate buildings which we contemplate for Solana and which the Corridor Overlay Zone contemplates for the Highway 114 Corridor. L IIP-31( 10/17/95 TUE 15:53 FAX 817 430 8750 MACUIRE TEO AS PARTNERS f1003 Mr. Greg Last October 17, 1995 Page 2 The separation of these corporate-style buildings from the proposed Solana residential property has been a critical planning issue. The planned use of natural barriers, constructed screening and generous buffer areas create proper separation of these important property types. In a separate letter, Ed Walts has voiced another concern, that being the possibility that this proposed ordinance could be interpreted to affect any commercial lot (vs. commercial building) within 400 feet of residentially zoned land. In summary, we are concerned that, as currently written, proposed Ordinance 480-Q could be interpreted to disallow buildings which would be otherwise developable under 0-2 zoning, and which are plannrvl (and critically important,for Solana and Southlake. I hope you will share these concerns with both the city staff and city counsel as the Ordinance comes forward for consideration. We would urge, at the least, a re-write to specifically exclude the Highway 114 Overlay District from the proposed ordinance. Thank you for your time. Le' Sincerely, fa.C4`CA-ACt. Richard IL Kuhlman RHK/th cc: Tom Allen Tony Canonaco L I !F'-3S WILLIAM B. KEMP 400 SOUTHRIDGE LAKES PKWY. SOUTHLAKE, TEXAS 76092 (817) 329-6015 December 10, 1995 City Council r --` I /r City '3f Southlake i 667 North Carroll Avenue U �'E C ; 1 41995 Southlake, Texas 76092 II ' d ilb--U`_.1 Dear Councilmembers: I understand that you will be considering the neighborhood preservation ordinance at a meeting to be held on December 14. I am providing the following comments for your consideration at that meeting and subsequent meetings on this important issue. A comprehensive neighborhood preservation ordinance is essential if we are to maintain the semi-rural character of Southlake that a clear majority of citizens desires. This ordinance must not be watered down so as to represent a "compromise" with the developers. The interests of the residents of Southlake must be the primary objective. The October 10, 1995 draft (Draft) states in section 37.1 that the Corridor Overlay Ordinance requirements take precedence over the neighborhood preservation ordinance. My recollection is that the Corridor Ordinance was drafted so that properties a substantial distance from the ROW would be subject to it. See section 43.5. This precedence provision may create situations that I do not believe are desirable. For example, the flat roofed building on Westwood near FM 1709 would be acceptable under the Corridor Ordinance but would not be acceptable under the Draft. This building is essentially part of a residential neighborhood and should have been required to have a sloped, residential type roof. Its location, however, may cause it to be subject to the Corridor Ordinance and not the neighborhood preservation ordinance. This precedence issue should be further considered and its implications fully understood and intended. The definition of "visible" in section 37.2 of the Draft should be modified to be more comprehensible. Possibly an example would be useful. It seems to lack a frame of reference. Section 37.3.2 of the Draft provides that the height of a building is limited to 2 1/2 stories or 35 feet. However, in the Corridor Ordinance a limit of as low as ( lF-3‘, Page 1 • Low one story or 20 feet is contained in section 43.11. The height limitations of the Draft should be at least as strict as the Corridor Ordinance. Section 37.3.3 of the Draft contains restrictions on lighting. More objective standards are set forth in the Corridor Ordinance at section 43.12(a). If the Corridor Ordinance provisions are considered to be more strict that those in the Draft, then the Draft should be modified to incorporate the Corridor Ordinance standards. Section 37.3.4 does not address the issue of trash receptacles in front or side yards. I suspect that all the deed restrictions in Southlake subdivisions prohibit trash receptacles in front or side yards. Should not similar provisions be included in the Draft, if the purpose is to conform development to residential standards? • Section 37.3.7(b) and (c) contain the phrase "If the regulated structure is oriented the same as the single family residential property." There is no need to limit the requirements of those provisions to that limited situation. The impact on the neighborhood would be the same regardless of the commercial building's orientation. This phrase should be deleted from both sections. 'Section 37.4(1)(b) provides that a variance can be obtained if the applicant L.,. believes the ordinance would impair the architectural design or creativity of the project. I don't understand why this provision is included. The very purpose of an ordinance of this nature is to impose certain architectural design standards. A variance should not be granted just because a developer wants to do something different. The March 31, 1995 draft (Prior Draft) of the neighborhood preservation ordinance provided in section 37.4(A) that buildings subject to the ordinance shall be subject to the same lot coverage requirements. This provision has been deleted from the draft. Our objective is to assure that development next to neighborhoods is harmonious and complementary with the residential properties. Lot coverage requirements are a key element in achieving this objective. The lot coverage requirement should be the same as that permitted in the "SF-1A" Single Family Residential District. The Draft fails to address several issues that were addressed in the Corridor Ordinance. The facade articulation requirements do not apply. The point of facade articulation in the Corridor Ordinance was that Southlake residences are characterized by extensive facade articulation. This neighborhood characteristic clearly should be included in a neighborhood preservation ordinance. L The Draft fails to include any landscaping standards. Southlake residential properties are also characterized by extensive landscaping. A neighborhood 1 E-37 Page 2 L preservation ordinance should incorporate such requirements just as the Corridor Ordinance did in the context of commercial development on major roadways. The Draft does not contain any provisions regarding noise abatement. This issue was addressed in the Corridor Ordinance. The provisions of the Corridor Ordinance should be analyzed to determine is they would be strict • enough in a neighborhood preservation context and appropriate language should be included in the Draft. Thank you for your efforts in considering this important ordinance. The long • term effects of this ordinance canno,be overemphasized. Failure to address this issue adequately could be an important factor in Southlake becoming like north Dallas. Sincerely yours, w, ,. a. William E. Kemp cc: Greg Last • • • • • ( IP-3B Page 3 December 11, 1995 M A RRON Mr. Greg Last Community Development Director City of Southlake 667 N. Carroll Ave Southlake, TX 76029 . RE: Ordinance Nei borhood Preservation Ordinance Dear Greg: After reviewing the information you sent me regarding the referenced ordinance, appreciate the effort and time the city staff, the planning and zoning commissioners and concerned citizens of Southlake have spent on this document. As a member of the "Corridor Overlay Ordinance"Task Force, I understand the time and committment it takes to see a document of this nature evolve and can truly appreciate the intentions behind thi ordinance. As Manager of Development for one of Mobil Ilend's most - $ residential developments, I'm also concerned with "preserving and protecting" successful and values of a community, yet allowing it to grow successfully and evolve with time. age Regarding the actual contents of the ordinance, I feel that in general, the document greatly limit architectural creativity. Furthermore, it discourages quality users with ni ue architectural styles from entering the city. Other items of concern are as follows: q e 1. Requiring Existing Residential architectural styles (some 20-30 years old) to control "non-residential" development of the 1990's and 2000's is very and controlling. restrictive 2. The Control Distance of 400 feet is arbitrary and unclear as to how it will measured. Furthermore, this requirement should not applyn be corridor, because the separation issue was dealt with in the "Corridor Overlaythe y Ordinance". 3. The Exterior Finish requirement of 80% coverage of brick or stone is excessive. The existing masonry ordinance sufficiently addresses this issue. 4. The Maximum Height requirements are covered under the existing zoning ordinances. Again, depending on the proximity of the residential property controlling the "non-residential" development, this requirement could b confusing and restrictive. every 11c=3`l ! ! S _L • L -2- 5. 'The Exterior Lighting should not project onto the adjoining property", concerns me. Again, it depends on how proposed improvements and existing structures are oriented; will cause much confusion. 6. Waste Collection and Disposal will be dictated by the user with some attempt by the City to control. In some cases, businesses are cleaned at night after working hours. How will this be dealt with? 7. The Roof Requirements are vague and do not consider the needs of the retail user. I am concerned that homes built twenty and thirty years ago could be controlling modern architecture Don't hinder the architect's/developer ability to be creative and innovative. Finally, as Chairman of the Timarron Architectural Review Committee, I sympathize with the staff member who has to determine roof pitch, materials Lre and, ultimately, monitor this requirement. Most assuredly, additional staff will be required for this purpose. • 8. Under the Location Section (7), the requirements, as I interpret them, will discourage retail and could force the developer to "side" or "back" the proposed structure to the residential road. Furthermore, setback lines for large one to four acre residential lots may be excessive for a small (half acre) non-residential site. (Need to think this through more, or maybe I just don't understand!) In summary, the original intent of those who felt the need to "preserve and protect residential neighborhoods from the adverse effects of adjoining non-single family residential uses", appear to be creating a document that is not only difficult to understand for those of us that are involved in the community, but sends a very negative message out to those looking to come in. I truly believe that if the City Council feels a need to "preserve and protect" their constituents' invesiments, then simple modifications and use of existing ordinances will suffice. "In this case more isn't better." Sincerely, Si e vc /e t�.f).Steve Yetts, P.E. Director of Development cc R.L.Croteau I I F-'1O, A.C. Freeman Southlake Chamber of Commerce WI P.O. Box 92668, Southlake, Texas 76092 Metro (817) 481-8200 Fax (817 329-7497 Southla e k SOUTHLAKE CHAMBER OF COMMERCE RESOLUTION WHEREAS, the City of Southlake has proposed legislation to preserve and protect existing and planned residential neighborhoods within the City entitled "Neighborhood Preservation Ordinance Draft No. 9b;"and WHEREAS, the proposed legislation is deemed restrictive and threatening by certain commercial development concerns and individuals, not the least is they believe that the future commercial attractiveness of the City of Southlake will be significantly and adversely impacted; and WHEREAS,sufficient legislative and governmental review processes currently exist in the form of the Corridor Overlay Zone requirements, Planning and Zoning Commission reviews and City Council readings; and WHEREAS, interpretation by prospective businesses of the conflicting and redundant requirements of the Neighborhood Preservation Ordinance and corridor Overlay Zone will be difficult, with subsequent delays in new project development while attempting to comply, as well as burdensome administrative impacts for the City of Southlake and Planning and Zoning representatives; and Lie • WHEREAS, the Neighborhood Preservation Ordinance does not appear to understand or differentiate between commercial/retail business interests and needs and residential interests by, in fact, insisting upon a residential appearance and architectural perspective for commercial development; NOW, THEREFORE, BE IT RESOLVED,that the Southlake Chamber of Commerce strongly supports and endorses high-quality commercial development in the City of Southlake, but opposes the adoption of the proposed legislation of the Neighborhood Preservation Ordinance for, among other things: 1. The threat to future commercial development and consequent unfavorable impact to the future fiscal well-being of the City of Southlake; and 2. The adoption of further restrictive requirements when sufficient legislation and review processes already exist within the City of Southlake and Planning and Zoning Commission to address the concerns that the Neighborhood Preservation Ordinance purports to further protect. BE IT FURTHER RESOLVED, that the Southlake Chamber will not support or endorse revisions or rewriting of the proposed ordinance, believing it to be unnecessary to govern or control future commercial/retail development. Scut lake Chamber f race President Date OF-q!r lDfHYAXDUM DATE: January 21, 1996 TO: City Council of Southlake, Texas FROM: Southlake Venture (comprising approximately 130 acres bounded by Hwy 114, FM 1709 and Carroll Ave.) RE: Proposed Neighborhood Preservation Ordinance We have reviewed the draft Neighborhood Preservation Ordinance (Proposed Ordinance No. 480-0) (the "NPO") and have great reservation over a number of issues that arise from its current drafting. By way of background, we have studied the City's existing zoning code, analyzed the Corridor Overlay Study, and read reports and surveys compiled to date by the City's Office of Economic Development. We believe that the NPO represents a departure from the City's carefully considered actions of the past and urge that it be reconsidered. The reasons for our concern are set forth below. Southlake is quite clearly a city in transition - from its rural, chiefly residential roots to a much more complex community in which limited non-residential development has not only become a stated goal but is fast becoming a tax revenue based necessity. As with many such (loir communities, the transition is a difficult one, as competing concerns must be dealt with and a balance struck between the needs and desires of the residential community and the commercial requirements of non-residential development projects. Certainly, the City of Southlake does not want to be in the position of having made the same sort of short-sighted planning mistakes that can now be seen to have detrimentally affected certain other cities like it. However, in order to successfully promote itself and attract desirable commercial uses, the City of Southlake must be able to provide a consistent and logically based response to interested commercial uses as and when they may arise. The City has thus far been very proactive in its response to these issues, as evidenced by development of the Economic Development Strategic Plan (prepared for the City by PHH Fantus Consulting; November, 1995 revision) (the"EDSP"), as well as its extensive research and subsequent adoption in August. 1995 of the Southlake Corridor Study. On the surface, the majority of the stated goals of the NPO, namely to protect and enhance the attractiveness of the city to visitors; to promote and stimulate the economy; to ensure the harmonious, orderly and efficient growth and development of the city; to preserve property and property values', would all seem to be very consistent with the stated objectives in the EDSP, which include "effectively addressing the City's future economic development prospects with regard to maximum benefit for the community as a whole...[and capitalizing] on community assets within the context of established land use patterns, and market forces, with which all communities must contend.' However, it is the interpretation of the NPO's last goal -"to maintain a generally harmonious outward appearance of both single family residential and non. single family residential structures" that, in our mind, has been taken to an extreme and which, as a result, makes the NPO unworkable as proposed. Indeed, many of the specific provisions therein will send a largely negative message to the marketplace which will have the effect of L �tF-yZ discouraging, if not effectively driving away, a significant amount of desirable commercial development that could have otherwise occurred in Southlake. As broadly discussed in the EDSP, a City originated disincentive like this will, in all likelihood, produce long term adverse economic consequences. The net result of an unbalanced "preservation and protection" of residential uses to the near complete exclusion of commercial uses will ultimately result in the deterioration of the City's financial balance sheet. The costs of water, sewer, roads and other basic needs are not able to be totally underwritten by the existing underlying property tax base, veith the result then being that residential taxes will have to rise. It is unlikely that this is what was originally intended under the NPO. Finally, it should also be noted that by originally granting commercial zoning to certain properties within the City limits, the City acknowledged the appropriateness and the desirability of commercial development in identified locations within Southlake. Property has since been bought and sold on the realistic expectation that certain development could therefore occur under normally accepted concepts of zoning and land use. The City's planning guidelines were then further extended by the adoption of a more detailed Corridor Study. To now consider an even further residential overlay that would apply to a very large portion of all commercially zoned property within the City effectively denies the market that reasonable expectation. We believe that the City's existing zoning, in conjunction with the now adopted Corridor Study, goes a long way towards specifically defining the City's land use intentions (and restrictions). As such, these enforceable planning instruments sufficiently fulfill the requirement of establishing a clear planning direction for the City. It is our opinion that the City should take heed of its own zoning and land use efforts to date, as well as the recommendations as set out in the EDSP, and seriously consider the lasting negative impact that the NPO would have before proceeding L••• further. 2 I (P-y3 Nine Village Circle Suite 500 Westlake TX 76262 817 430-0303 L January 23, 1996 • E Ms. Karen Gandy bA p Zoning Administrator .� «3 CITY OF SOUTHLAKE E"1 Q-+ 667 N. Carroll Southlake, Texas 76092 Re: Proposed Ordinance 480-Q Neighborhood Preservation Ordinance Dear Ms. Gandy: The City of Southlake has adopted zoning ordinances, development standards, land use plans and special overlay districts to help property developers and property owners understand the high-quality development environment which the City envisions for itself. Before urban sprawl and elbow-to-elbow development has occurred, Southlake has enacted standards which would allow the City to grow with planning and quality as guides and expectations. These development standards and controls are extremely thorough. Virtually the only additional "features" under proposed Ordinance 480-Q have to do with type of windows and pitch of roofs, purely residential aesthetics. All other relevant design and development standards exist within the City's existing ordinances. The proposed Ordinance 480-Q may be, for a very small portion of the land in Southlake, an appropriate piece of legislation. For those few areas where it might apply, it would represent "protection" to owners of single-family homes in subdivisions where the physical access to such subdivisions is flanked by land zoned for commercial use. Only under the circumstances listed would this proposed ordinance have possible merit. n t{ (lkille Ms. Karen Gandy January 23, 1996 Page Two Other elements of the City's zoning laws appear to have been carefully considered with extensive public debate and study. My advice is (i) to determine where the "problem" which caused this ordinance to be drafted does occur or could occur and (ii) to rationally solve that problem. I suggest that the high quality standards of the existing City laws be allowed to stand and operate as they were originally intended. S' cerely, CAAC(Ad /R Richard H. Kuhlman RHK/th Lie . L