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1993-02-02 CC PACKET City of Southlake, Texas MEMORANDUM January 28, 1993 TO: Honorable Mayor and Members of City Council FROM: Curtis E. Hawk, City Manager SUBJECT: AgendaiItem Comments and Other Items of Interest City Council Meeting, February 2, 1993 1. Agenda Items No. 5A through 5E are consent agenda items which are routine in nature. Each of these have been previously discussed with City Council except item No. 5C, Resolution 93- 20 suspending the rate request by TU Electric. This item was presented to the City last Friday. TU Electric has filed the request with each of its customer cities and the PUC. TU Electric does not really expect the City to approve the 15. 3% rate increase request. Suspension of the request will delay the effective date of the increase, and will give City Council more time to consider its options at a subsequent meeting. I have spoken with Sonny Rhodes, Manager of TU Electric for our district, concerning the proposed resolution. He will not be present at the meeting since it will be a consent agenda item, and TU Electric has no objections to the suspension of the request. Agenda Items 5D-E pertain to contracting for professional services in connection with updating our capital improvement plan as required by state statute if the City is to continue to assess and collect water and sewer impact fees. 2 . Agenda Items 8A and 8B, ZA 92-68 and ZA 92-69, concerns (Texaco station) Magic Mike's Convenience Store in front of the Crossroads Square Shopping Center. Note the staff comments and review letter in your packet. Note also that item 8A pertains to the question of architectural design. • Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest January 28, 1993 Page 2 3 . Agenda Item No. 8C. Ordinance No. 480-81, ZA 92-74, is the rezoning of DalDen from AG to S-P-1. Agenda Item No. 8D, is the plat showing for DalDen. Note particularly the staff comments an'd review summary concerning bufferyards and variance to set-back requirements. 4 . Agenda Item No. 8E, Ordinance No. 480-82 , ZA 92-79, 1st Reading, concerns the rezoning of 31.357 acres off Bob Jones Road, east of White Chapel, from AG to SF-1A. Agenda Item No. 8F pertains to the preliminary plat for Oakwood Estates, which proposes ten (10) 1-acre plus residential lots on the 31.357 acres. Note the staff comments and review summary. 5. Agenda Item No. 8G. Resolution No. 93-17 , ZA 92-58, is a request by Betsy Shatley for a Specific Use Permit for a golf driving range to the west of the proposed Country Walk subdivision. Note from the staff review summary that a golf driving range is allowed with a SUP in the AG district. Since P&Z voted to recommend denial, it will take the super-majority (6 affirmative votes) to overturn the P&Z recommendation. 6. Agenda Item No. 8H. Ordinance No. 572 . Adoption of 1991 Uniform Fire Code with local amendments, including amendments to the City's building Code. The amendments are the same as presented to City Council as a consider item on January 5, with the exception of the provision pertaining to wood shake and shingle roof coverings and siding. The provision originally submitted would have required solid sheathing (decking) for single-family buildings as well as multi-family and commercial. The proposal now before you for consideration (Section 16 of the ordinance, pg. 8) will leave intact the current provision of the UBC, with minor cleanup language, and apply it to the UFC. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest January 28, 1993 Page 3 7 . Agenda Item No. 8I. Ordinance No. 580, 1st Reading, calling for Special Election for May 1, 1993 , concerns the levy of a 1/2 cent sales tax for park, etc. , purposes. Note that the ordinance is{ for the levy of a sales tax for the use of an economic development corporation. This is the statutory requirement in order to levy the tax. The election must be called by ordinance rather than resolution due to the language of the statute. The issue will be on the same ballot as the general election. 8. Agenda Item No. 9A, Res. No. 93-13 , will call the General Election in the City of Southlake. This item has been complicated by a request from Tarrant County to hold a joint election for all the voting in Southlake on May 1, including the County and school districts. Tarrant County has presented a similar proposal to each political subdivision in the County. Robert Parten, Tarrant County Election Administrator, will attend the meeting to present his position. We requested our attorneys draft three (3) resolutions, giving City Council three options in calling the general election. These are: Option 1 (yellow paper) . Calling election for City Councilmembers place No. 1 and No. 6, and for Judge of the Municipal Court, only. Option 2 (blue paper) . Calling joint election, including municipal places mentioned above, plus Tarrant County and each of the four school districts located in portions of Southlake. Option 3 (green paper) . Calling joint election for municipal and County election, but omitting school district elections. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest January 28, 1993 Page 4 The third option would allow a joint election, showing cooperation between the City of Southlake and Tarrant County, and will also separate the City issues from potential issues involving school taxes and the school finance plan which could have a residual adverse impact on our sales tax election. 9. Agenda Item No. 9B, Resolution No. 93-18 , will provide for the appointment of members to the Capital Improvements Advisory Committee for the adoption of impact fees under Chapter 395 of the Local Government Code. This is an important committee given our need for the water and sewer impact fees. The members of the original CIAC were: 5. Kurt M 33 . Paul McCallum 6. _Joe L. Wright 7. �, rnest Johnson 4 . Bob Hopkins 8. Bruce, McCom s (Alternate) I have spoken with Joe Wright, and he has indicated he would serve again. He would count as a member of the development community. His leadership would be helpful, and he could give some continuity. I believe that Ernest Johnson would also be willing to serve, since he has retired from his job. However, I have not spoken with him or any of the other former members. 10. Agenda Item No. 9C, Resolution 93-19, would establish and appoint members of the Joint Utilization Committee of the City of Southlake and the Carroll I.S.D. We anticipate this will be a working committee, especially given the approaching budget year proposals. 11. Agenda Item No. 11A. Water Line Extension to Oakwood Estates. This gives the City an opportunity to extend our fire flow capability into a needed area, and also receive developer contribution. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest January 28, 1993 Page 5 12 . Agenda Item No. 11B. Franchise Agreement with Sammons Cable. This is in follow-up to an item staff mentioned to City Council several months ago. The cable is currently being provided, am!! apparently the area in question has been served prior to our annexation. The purpose of the item is to get City Council direction. Note the comments from the City Attorney. 13 . Agenda Item No. 11C, is to receive City Council direction concerning the Camping Ordinance and its impact on the Flea Market. If City Council directs staff to amend the ordinance to allow a permit process, we will also need to amend the zoning ordinance. OTHER ITEMS OF INTEREST 14 . Note the letter from Trent Petty concerning the Austin Oaks connection to S.H. 114. Now that the infrastructure is in place, the concerns we once had as they pertained to construction equipment are no longer evident. Staff believes the request from the City of Grapevine is reasonable, however, we did not have time to prepare an item for this Agenda. Expect to see the item on the March 2 Agenda. 15. FYI. Attached is a joint letter we received from the Cities of Fort Worth and Dallas concerning the D/FW issue. 16. Note the attached letter from E. Allen Taylor concerning the Joe Moore/David Hardy Stanhope Addition. 17 . Note: Sandy is in Austin (Wed/Thurs/Fri) attending an election law seminar. She has picked up some concerns pertaining to the Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest January 28, 1993 Page 6 joint election, which she will share on her return. Sandy attended the last P&Z meeting, thus the minutes are not completed. Also, the P&Z agenda has not yet been set as of this evening. We will forward to you as soon as possible. CEH by '•1' _ {� [:i:: .u'i`' A Future With A Past c • _: ; :>'.: ,1AN;'2 I 'jam , 'GRAPEVINE n` • January 19, 1993 Mr. Curtis Hawk, City Manager • City of Southlake 667 N. Carroll Avenue Southlake, TX 76092 Re: Roadway Connection to State Highway 114 Dear Sir: ,ii • On behalf of the City of Grapevine, I am requesting that Southlake allow the Austin Oaks Drive connection from Austin Oaks Subdivision to be completed' to State Highway 114 in the City of Southlake. • The developer of the Austin Oaks Subdivision and the Home Owners' Association have appealed to the City of Grapevine for assistance in requesting that Southlake allow this connection be completed at this time. The developers are having great. difficulty in selling lots to builders, and the builders are having difficulty in selling the homes due to inadequate visibility and access from State Highway 114 to the subdivision. When this subdivision was first developed, the developer placed money in escrow to pay for the Austin Oaks Drive connection to State Highway 114 at some future time when State Highway 114 is reconstructed as a controlled access roadway facility. • Until that time,. the City of Southlake did not want a roadway connection physically intersecting with State Highway .114 at the proposed location. To provide some additional access to the subdivision the developer acquired approval from TxDOT and acquired an easement,from the property owner immediately to the south of Austin Oaks to construct a one-way northbound only roadway from the State Highway 114 frontage road just west of the Albertson's site, to Bonham Trail, the southern-most roadway within the Austin Oaks Subdivision. This roadway provides only inbound access to the subdivision with all outbound access having to follow McPherson Drive east to Park Boulevard. This one-way drive access is a very circuitous route for prospective home buyers to follow to find this particular subdivision. Motorists westbound on State Highway 114 have passed all access points to this subdivision by the time they reach the point on State Highway 114 where they can see the subdivision. TI IN c:rry of:(;u,\I'I:\'INI. CITY \I,\NA(;I•.It'S OFI ICI: I'.O. Box 729 • Grapevine. Texas 76051 • Phone Metro 817/481-o38o Mr. Curtis Hawk Page 2 January 19, 1993 In light of the City of Grapevine and the City of Southlake's past history of mutual cooperation,we respectfully request that Southlake approve this proposed connection to assist in assuring that this subdivision remains a viable development. If you have any questions or comments, please contact me at 481-0380. Sincerely, Trent Petty City Manager TP/JSL/jh S . _ AASIASouthlak.Sbd 7 s •• • %DIY fig 4V.it CITY OF DALLAS THE CITIES OF .,�� ,,,... DALLAS AND FORT WORTH ,,Ex►s: Jan Hart Bob Terrell CITY MANAGER CITY MANAGER Dallas City Hall City of Fort Worth 1500 Manila 1000 Throckmorton Dallas,Texas 75201 Fort Worth,Texas 76102 January 22, 1993 lEMRDWRn JAN 2 71993 1-J Curtis Hawk OFFICE OF CITY MANAGER City Manager 667 N. Carroll Ave. Southlake, TX 76092 Re: Dallas/Fort Worth International Airport Board's Legislative Initiative Dear Mr. Hawk: Recently, you received a letter from the City Managers of the Cities of Grapevine, Euless and Irving. Numerous inaccuracies existed in that letter and we want to take this opportunity to set the record straight. At the outset, it is important to understand the background leading to the current legal dispute between the D/FW Airport Board and the Cities of Irving, Euless and Grapevine. In the mid-60's, the Cities of Dallas and Fort Worth announced their joint intention to build an airport on land located midway between them. At that time, the site selected was largely undeveloped and unincorporated property. During this time period, the two Cities purchased approximately 18,000 acres and formed a joint Airport Board (known now as the Dallas/Fort Worth International Airport Board), to plan, develop, establish, operate, and regulate this new airport. Subsequent to the announcement of the site for the proposed airport, the Cities of Irving, Euless and Grapevine began annexing property in anticipation of reaping the benefits such an airport was sure to bring. From its opening in 1974, Dallas/Fort Worth International Airport has grown to be the second busiest airport in the world, surpassed only by Chicago O'Hare. Given this unprecedented development, and the future forecast in demand, it became obvious that the original 1967 Airport Development Plan needed to be updated. As an example, the airlines are currently incurring $75.5 million annually in delay costs associated with operations into and out of Dallas/Fort Worth International Airport. • Page Two In its 1988 Airport Development Plan, the Airport Board identified the need for two new runways at D/FW. Runway 16/34 East for air-carrier operations was originally shown on the 1967 plan, but in the new ADP was lengthened by 3,000 feet to accommodate air- carrier operations. On the west side, Runway 16/34 West was identified to handle additional air-carrier operations, which under the 1967 plan, was originally envisioned as an area containing two short take-off and landing runways. When these plans were announced, the Cities of Irving, Grapevine and Euless enacted zoning ordinances designed to block these two runways and other necessary airport improvements. The ordinances purport to control the operation, development and construction of D/FW Airport, powers heretofore exercised exclusively by the Airport Board under the Texas Municipal Airports Act. In fact, Euless and Grapevine zoned D/FW Airport property as a Governmental Use District requiring a Special Use Permit for the land to be operated as an airport. To date, no such Special Use Permit has been forthcoming. Similarly, the City of Irving limited D/FW Airport to its 1967 Plan and requires city approval for any deviation from this plan. If these new zoning ordinances are allowed to stand, these three non-proprietor cities will, in effect, operate and control D/FW Airport rather than the Board appointed by the two cities that own it and whose more than one billion dollars of debt has financed its development and construction. At the same time, however, these cities do not provide police or fire protection to the Airport, provide no utilities or other city services, but receive all sales tax revenue generated at D/FW. The Dallas/Fort Worth International Airport Board, subsequently joined by American Airlines, Delta Air Lines, and United Parcel Service, filed a lawsuit in 1990 against the three cities seeking a declaratory judgment that the non-proprietor cities' zoning ordinances were invalid and preempted given the authority vested to the Airport Board by the Texas Municipal Airports Act. Subsequently, the Cities of Dallas and Fort Worth, Texas, were brought into the lawsuit by these three non-proprietor cities. Much to our surprise, a State district judge ruled that the 1947 Municipal Airports Act did not, with the necessary "unmistakable clarity", give the Airport Board exclusive authority to zone its own property. The Airlines, the Airport Board and the Cities of Dallas and Fort Worth, are currently appealing that judgment and are confident of victory on appeal. Nevertheless, it is anticipated that this lawsuit will take three to four years before it is concluded. Accordingly, it became apparent to the Dallas/Fort Worth International Airport Board, as well as to the Cities of Dallas and Fort Worth, that a legislative solution was imperative. The Dallas/Fort Worth International Airport Board, with help from the Cities of Dallas and Fort Worth and other surrounding communities, intends to seek legislation which will provide the clarity the district court found wanting in the Municipal Airports Act and thereby reaffirm the Airport Board's authority to regulate and develop its own land, as we Page Three • believe was originally intended by the State Legislature back in 1947. In that effort, the Airport Board and the Cities of Dallas and Fort Worth are seeking support from cities and chambers of commerce throughout the State of Texas. As fellow City Managers, we are sure you know, especially given the difficult economic times, that an asset such as Dallas/Fort Worth International Airport which handles 51% of all Texas air travelers and 61% of all Texas air cargo, is important not only to the North Texas region, but to the entire State of Texas. In fact, in 1988 alone, the total direct and indirect dollar benefit to North Texas from Dallas/Fort Worth International Airport was $6 billion. The Airport is also responsible directly and indirectly for an estimated 68,400 jobs in the North Texas area, alone, amounting in 1988, to approximately $1.7 billion in wages. With construction of the two proposed new runways, D/FW Airport is projected to have an additional positive impact on the economy of $30 billion over a 20-year period. These two runways are estimated to create approximately 31,000 new jobs, which will, of course, provide additional stimulus not only to the North Texas region, but to the entire state. It is just as important to remember that if these runways are not constructed, Dallas/Fort Worth International Airport will loose its competitive advantage. Faced with escalating delay costs and developmental gridlock, airlines will look to relocate part or all of their fleets to other hubs such as the new Denver Airport. Of course, this will most certainly lead to a reduction of the labor force in the North Texas region, not to mention the ripple effect that will be experienced all over the State of Texas, adversely impacting businesses and communities who depend directly or indirectly on a world-class air transportation system, of which Dallas/Fort Worth International Airport is an increasingly crucial part. In sum, we believe that such an economic asset of the State of Texas must be protected. The letter that you received from the three city managers contains some issues which have been mischaracterized or are simply untrue. As an example, they indicated that the Airport Board or its tenants have previously sought zoning approval from these three non- proprietor cities. Nothing could be further from the truth. Neither the Airport Board nor any of its tenants have ever sought or applied for any zoning approval from the three cities. In fact, the Airport Board has developed, enlarged, and expanded for nearly 20 years without any zoning authority or approval ever being sought from the three cities. The three city managers also indicated that these two new runways will directly affect commercial, church and residential developments which either "previously existed or had Page Four been constructed in good faith and in reliance upon the Airport's original master plan." It is true that these two runways will affect some single family homes and commercial buildings. However, the Airport Board has agreed to compensate all affected homeowners who will be adversely affected by this runway. Likewise, commercial properties and other noise sensitive propertied will be purchased or be appropriately sound insulated. More importantly, the expansion and mitigation program has been fully approved by the Federal Aviation Administration after an extensive four-year environmental impact process. Significantly, Dallas/Fort Worth International Airport's mitigation program is far more generous than that required of it under federal regulations and will cost the Airport Board approximately twice the amount it would have cost if the Board had done only what those federal regulations required. It is also important to understand that quite a number of these homes, which the Airport Board has agreed to include in the mitigation program, were recently permitted to be developed by the City of Irving over the objections of the Airport Board. In fact, the Airport Board went on record opposing developments around the Airport advising the cities that runways would eventually be constructed. Similarly, and in spite of the city managers' letter to the contrary, the FAA has fully assessed and determined that any airplanes arriving or departing from these two runways will in no way effect the historical properties located in Grapevine, Texas. On the issue of home rule authority, the three cities have completely mischaracterized the Airport Board's proposed legislation. As I am sure you know, any city's home rule authority is inherently subject and subordinate to the general laws of the state. In that regard, the Texas Legislature, back in 1947, empowered municipalities and joint airport boards to "plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect and police" airports under their jurisdiction. Under the Texas Municipal Airports Act, the Texas Legislature also empowered a joint airport board, acting through its constituent cities, to condemn property through eminent domain proceedings. See article 46d-14(d)(3) of the Texas Municipal Airports Act. D/FW's proposed legislation seeks only to clarify and thereby reaffirm the power of the Airport Board to develop, regulate and zone its property and thereby control land use within the boundaries of D/FW Airport. The proposed legislation will apply solely to D/FW Airport and will not alter or affect home-rule authority of any city outside D/FW Airport's boundaries. What this legislation will provide and permit the Airport Board to do is zone and develop its own airport property so that it is not subject to the divergent control of three separate non-proprietor municipalities attempting to control an economic engine which drives the entire State of Texas. Despite what the city managers would have you believe, it does not provide a "dangerous precedent," any more than the Texas Turnpike Authority, water districts, sewer districts, and other such entities, which provide services to individuals on a consistent and wide-spread basis to all who need and/or want such service. Page Five The city managers of these three cities are correct on one point, that being that city managers have a responsibility to be careful and manage the development and growth of their cities. However, the responsibility ought not to be exercised to the detriment of every other city and town throughout the State of Texas. Again, the only way this issue can adversely affect your city is if you permit the interest of these three cities which, incidentally, derive enormous tax, developmental and other benefits from D/FW Airport, to stand in the way of what is best for everyone concerned. Of course, we recognize that you and your council may have additional questions. If so, please contact Kathy Houk, at (214) 574-9082 with the Dallas/Fort Worth International Airport Board, who will be happy to answer any questions, provide you with additional information, and/or arrange a complete briefing on this issue. Again, this is important not only to the North Texas region, but to all of Texas and will in no way affect any other city's home rule authority. Any assistance you and/or your council may provide us would be truly appreciated. Your communities support can help pave the way for economic growth and prosperity for the entire state of Texas. Sincerely, Hart Bob Terrell Dallas City Manager Fort Worth City Manager The Facts About HOME RULE AUTHORITY And the DFW Legislative Initiative * A City's Home Rule authority is inherently subject and subordinate to the General Laws of the state. Home rule authority became subordinate to the powers of a joint airport board back in 1947 when the Texas Legislature passed the Texas Municipal Airports Act which empowers Airport Boards to "...plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect and police the Airport," whether situated within or without the territorial boundaries of the Board's constituent municipalities. * This legislation is not unique nor does it set a dangerous precedent, anymore than the Texas Turnpike Authority, the High Speed Rail Authority, water districts, sewer districts, and other such entities, which provide services to individuals on a consistent and wide-spread basis to all who need and/or want such service. * The legislation will be narrowly drawn so it will only affect DFW International Airport and will not alter any other city's Home Rule authority. * The legislation is designed to reaffirm DFW Airport Board's authority to develop its own property as it has done without any involvement from the Cities of Irving, Euless or Grapevine for the last twenty years. (Neither the Airport Board, the airlines, nor the other tenants at DFW Airport have ever sought any zoning approval from these cities.) * The Cities of Irving, Grapevine, and Euless claim that their home rule authority is being violated. That claim is incorrect because: (1) they have never inspected any buildings at DFW International Airport. DFW has adopted its own building code which is enforced by DFW staff inspectors. The Cities have never provided these services; (2) they have never voiced any objection to any development at DFW Airport including some development which is not identified on the original 1967 Airport Development Plan; and (3)except what is rendered under interlocal mutual aid agreements, they have never provided any services to DFW Airport which are commonly associated with the responsibility of a being a home rule municipality, such as police and fire protection, sewer, water, and maintenance of roads, streets, and parks. To the contrary, the Airport Board has provided these services at its sole expense, while these cities reap the economic benefits of sales taxes, ad valorem taxes, and bed taxes on the Airport (virtually millions of dollars). * The only way that this legislation can adversely affect your city, is if the interests of these three cities stand in the way of what is best for everyone concerned. The right of Home Rule authority does not carry with it the right of a single city or a group of cities to use this authority to the detriment of other cities. However, if the expansion of DFW is blocked, then the benefits that can be gained from this airport will be lost for all concerned. A RESOLUTION WHEREAS, The State Legislature enacted the Texas Municipal Airports Act in 1947, which has been amended from time to time thereafter; WHEREAS, on September 27, 1965, the Cities of Dallas and Fort Worth established the Dallas/Fort Worth Airport Board under the Texas Municipal Airports Act to plan, establish, operate, and improve Dallas/Fort Worth International Airport; WHEREAS, Dallas/Fort Worth International Airport was opened for airline service in January 1974, located between the Cities of Dallas and Fort Worth, primarily within four cities and two counties; WHEREAS, Dallas/Fort Worth International Airport has grown to be the second busiest airport in the world today and is projected to be the world's busiest by the year 2000; WHEREAS, Dallas/Fort Worth International Airport must expand to meet the growing air traffic needs of the North Texas region, the State of Texas, and the entire national air transportation system; WHEREAS, after twenty years of growth and development at DFW International Airport, the Airport Board's authority to control its own land use and development as permitted under the Texas Municipal Airports Acts is being challenged; WHEREAS, the Dallas/Fort Worth International Airport Board must have the authority to operate, develop, and expand the Airport to ensure the safety of the traveling public, to maintain its competitiveness in the market, to meet the projected needs of the air traveling public, to generate 31,000 new jobs and a $30 billion stimulus to the economy over a twenty year period, to increase the capacity of the national air transportation system by 15%, to reduce delay costs which impact the airlines and the traveling public, and to prevent developmental gridlock by being subject to the control of numerous independent nonproprietor cities; WHEREAS, Dallas/Fort Worth International Airport Board desires through a legislative initiative to reaffirm the authority provided to the Airport Board under the Texas Municipal Airports Act to control operations, development, and land use at Dallas/Fort Worth International Airport; j Now, Therefore, BE IT RESOLVED BY THE SECTION 1. supports the Dallas/Fort Worth International Airport Board's legislative initiative to reaffirm its authority under the Texas Municipal Airports Act, to operate, develop, zone, and regulate land use at Dallas/Fort Worth International Airport. SECTION 2. That such legislation reaffirm Dallas/Fort Worth International Airport Board's power, in addition to all other powers contained in the Act, to plan, acquire, establish, and develop, construct, enlarge, improve, maintain, equip, operate, regulate, zone, protect and police Dallas/Fort Worth International Airport and its associated air navigation facilities and airport hazard areas. SECTION 3. That such legislation reaffirm the right already expressly given to the Airport Board to acquire property, if so authorized by the City Councils of Dallas and Fort Worth, through eminent domain proceedings including those public roads and street reasonably necessary for the operation and development of the Airport. SECTION 4. The importance of this legislative initiative to the North Texas region, the entire State of Texas, and the national air transportation system, as a whole, warrants the passage of this Resolution. SECTION 5. This Resolution shall take effect immediately. signed signature title city date FAIR COMPENSATION FOR THE NEXT STEP A Leg1SIRtlVe SOIutiOn HOMEOWNERS Although the problem is complex, there is a Airport expansion will require the relocation viable solution. Legislation, to be introduced of some homeowners and businesses in during the 1993 session of the Texas State neighboring cities. Other homes and build- Legislature, can clearly reaffirm the authority ings will be soundproofed to compensate for of the DFW Airport Board to regulate and the impacts of increased noise. control the development of land within its ++ ++ + To mitigate any negative effects caused by boundaries. Airport expansion,the DFW Airport Board is Passage of this legislation will enable DFW presenting the most generous mitigation Airport to expand to meet forecasted demands. AVOIDINGprogram ever offered by any U.S.airport. It will eliminate years of costly legal action The program ensures that no individual and construction delays.And,it will give DFW property owner's rights will be affected the ability to proceed with the relocation of GRIDLOCK without just compensation. affected homeowners,currently in limbo,who need and deserve to get on with their lives. WHERE DO WE GO FROM HERE? DFW International Airport is vitally AT IE)FAT Legislation reaffirming the authority of the important to all Texans.Your support of this T �T T DFW Airport Board will help realize these important legislative initiative can help 11\ R1�TATIO AL long term benefits: ensure the safety and economic well being of • 31,000 additional new jobs for Texas over our entire North Texas region, and the 20 years nation's traveling public. AIRPORT • $30 billion additional impact over 20 years Please contact your legislative representative • Minimize jurisdictional disputes and the today and voice support,for the future of DFW Airport, and Texas. For further information, need for costly lawsuits telephone 214-574-9082. ++ ++ + • Secure DFW's competitive position nationally and internationally Without expansion, the impact is severe: • DFW will lose jobs, airline service and its competitive advantage, as airlines expand at other airports • Air traffic delays and congestion will equal or•exceed Chicago O'Hare, New York LaGuardia • 31,000 new jobs will be lost • Over next 20 years, $30 billion in additional dollars will be lost to the Texas economy .., + )30. + , • 7a DALLAS/FORT WORTH INTERNATIONAL AIRPORT III m1.a III FIELDING, BARRETI' & TAYLOR CARVAN E.ADKINS ATTORNEYS SUSAIN H.HOLLOWAY RoIn R'I'M.ALLIBON 8851 I IIGIIWAY 80 WEST,SUITE 3(X) Sus,w S.JONES DANIEL R.IJARRIGT* FORT W()IZ"i l I,TEXAS 76116 WAYNE K.OISON ELIZAIIIO1I ELAM TIM G.SRALLA** DAvlo FIELDING I'ELIiPl1ONIi(817)560-0303 J.MARK SuDDERT'H JOSEPHINE GARRI:1'I. I AX(817)560-3953 E.ALLEN TAYLOR,JR. E.GLE.NN GIDE!. JAMBS P.WAGNER DWAYNE D. III'1-I' WENDY R.WILSON *HOARD CERTIFIED PERSONAI,INJURY 1 RIM.I.AW— OF COUNSEL 1EXAS BOARD OF LEGAL SPECIALIZATION ANALISLIU MUNCY CIVIL TRIAL,SPECIALIST— January 25, 1993 NATIONAL BOARD OF TRIAL ADVOCACY **BOARD CERTIFIED CIVIL,APPELLATE LAW— TEN AI Or IA7'I' c nrrlAl 17ATI(W Mr. Curtis Hawk o g 0 u E71 Mr. Greg Last City of Southlakell • LAN 2 1993 667 N. Carroll Avenue _j Southlake, Texas 76092 OFFICE OF CITY }� ' Re: Stanhope Addition Easement Agreement MANAGER 4 Dear Curtis and Greg: I wanted to drop you a brief note to be sure that I was clear on the status of our Joe Moore/David Hardy Agreement. I have forwarded copies of the Agreement by fax to the attorney (Bryan Walter) for Joe Moore on January 15, 1993 , requesting that he provide me with any information necessary to fill-in the blanks on the details of the private agreements between Moore and Hardy. As of the date of this letter, I have received no response either by telephone or letter to my request for follow-on information. At the time that we delivered the document to Mr. Moore' s attorney, I contacted all available telephone numbers which we had been given to contact David Hardy with no success. I have left copies of the proposed Stanhope Easement Agreement with the City, Mr. Moore, Mr. Moore ' s attorney, and I have left messages at all available numbers that Mr. Hardy may acquire a copy of the draft agreement from City Hall or my office. I am now at the point where I am simply waiting for the follow-on information to be provided by Mr. Moore and Mr. Hardy. It is entirely possible that they will take the draft Agreement, make what changes they deem appropriate and execute it without further contact with my office or with City Hall . In the event that you should hear that the document has been executed in a final form, please try and get a copy of the Agreement so that we can retain it for our files. In the event that I may provide you with any additional information or assistance, please feel free to contact me. Sincerely, E. Allen Taylor, Jr. EAT/ds '�_ - . slake\stanhope. ltr City of Southlake, Texas MEMORANDUM CITY MANAGER January 28 , 1993 -177 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Award of Bid to Aledo Construction for Extension of Water Line on FM 1709 from Jellico Circle East to Pearson Lane. Bid opening for the water line improvements for FM 1709 from Jellico Circle to Pearson Lane was January 6 , 1993 . The low bidder was Aledo Construction, Aledo, Texas, with a total bid of $251, 465 . 37 . Cheatham and Associates provided the bid analysis for this project, and has recommended Aledo Construction be awarded the bid. Southlake has contracted with Aledo Construction for other sections of the FM 1709 water line improvement project, and Aledo has performed satisfactorily on those projects . The City has $251, 256 . 41 remaining from the May 1992 sale of $1 . 3 million Tax and Waterworks and Sewer System revenue certificates of obligations . These obligations were issued for the City' s $1 million participation in the curb, gutter and lateral drainage of FM 1709 . The $251, 256 .41 balance remaining from the issuance was to be used for the final phase of water line improvements on the west portion of FM 1709 . According to City Engineer Eddie Cheatham, Southlake will be reimbursed by the City of Keller an estimated $15, 806 . 70 for a portion of the water line that will extend into Keller city limits . The award of bid to Aledo Construction will complete the water line improvement project for FM 1709 . It is recommended that the Council award the bid for FM 1709 water line improvements from Jellico Circle west to Pearson Lane for $251, 465 . 37 to Aledo Construction as outlined in the bid document . LAH CHEATHAM AND ASSOCIATES January 21, 1993 1I Mr. Curtis Hawk City Manager City of Southlake 667 N. Carroll Avenue Southlake, TX 76092 Re: Award of Bids for F.M. 1709 Water Line Improvements from Jellico Circle to Pearson Lane Job No. 001-414 Dear Curtis: Enclosed herewith is the bid tabulation for the subject project. This project was bid on January 6th, 1993. The low bidder was Aledo Construction, Inc. with a total bid of $251,465.37. Aledo Construction was the Contractor on the last section of lines which were relocated along F.M. 1709. They performed in a satisfactory manner on that project. Therefore, we recommend that the contract be awarded, at your February 2nd City Council Meeting, to Aledo Construction, Inc. The contract amount of award is $251,465.37. A portion of this line can be utilized by the City of Keller,and therefore the City of Southlake can be reimbursed for Keller's share, in the amount of$15,806.70, once the line is turned over to Keller. Please refer to our letter to the City of Keller, dated January 20, 1993, for the details of the arrangement with Keller. If you have any questions, please give us a call. Respectfully, Eddie Cheatham, P.E. \award.bid Enclosures: Bid Tabulation Keller Letter of 1/20/93 ENGINEERS •PLANNERS •SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1170 Corporate Drive West • Suite 207 • Arlington,Texas 76006 817/633-1023 • Metro 640-4329 �Qi-o2 F.M.1709 WATER LINE IMPROVEMENTS PHASE II,JELLICO CIRCLE EAST TO PEARSON LANE - JOB NO.001-414 CHEATHAM&ASSOCIATES BID TABULATION SHEET 1 OF 9 OWNER: CITY OF SOUTHLAKE BID DATE:1/6/93 ALEDO CONST.,INC. VIRGIL RHODES CONS MID-STATE UTILITIES LARRY JACKSON CONS 513 F.M.1187,#3 106 W.ENON P.O.BOX 1160 5112 SUN VALLEY DR. JOB TITLE: F.M.1709 WATER LINE IMPROVEMENTS,PH ALEDO,TX 76008 EVERMAN,TX 76140 WACO,TX 76706 FT.WORTH,TX 76119 JELLICO CIRCLE EAST TO PEARSON LANE PHONE:817/441-9402 PHONE:817/2934477 PHONE:817/863-5644 PHONE:817/572-3303 FAX:817/441-6605 FAX:817/641-5062 FAX: FAX:817/478-0443 JOB NO.: 001-414 AMT.BID: S251,465.37 AMT.BID: S265,090.80 AMT.BID: S279,236.30 AMT.BID: S280,996.25 ITEM ITEM DESCRIPTION UNIT PLAN UNIT COST UNIT COST UNIT COST UNIT COST NO. QTY. PRICE PRICE PRICE PRICE M SECTION 1A-FM 1709 12"W.L IMP. I 1 6"C-900 PVC WATER PIPE L.F. 295 8.75 S2,581.25 12.50 S3,687.50 13.47 I S3,973.65 13.25 V S3.908.75 2 BORE 12"WELD STEEL CASING L.F. 60 72.00 S4,320.00 60.00 S3,600.00 53.35 S3,201.00 70.00 S4.200.00 3 12"WELD ST.CASING BY OPEN CUT L.F. 120 23.00 S2.760.00 30.00 S3,600.00 31.35 S3,762.00 40.00 $4.800.00 4 1"PB SDR-9 CL250 WATER PIPE L.F. 110 1.58 S173.80 5.00 S550.00 12.10 ' SI,331.00 8.50 S935.00 5 WATER SERV.CONNECT AS DETAILED EA. 12 210.00 S2,520.00 150.00 S1,800.00 160.60 S1,927.20 200.00 32,400.00 G 6 20"RCCP TEMP CONNECT.NORTH 1709 L.S. 1 3845.00 53,845.00 3500.00 53,500.00 ' 5029.20 55,029.20 3500.00 53,500.00 11 7 6"DIA.GATE VALVE EA. 6 260.00 S1,560.00 350.00 $2,100.00 231.00 S1,386.00 380.00 S2.280.00 8 12 DIA.GATE VALVE&VALVE BOX EA. 6 750.00 S4,500.00 650.00 S3,900.00 671.00 $4,026.00 1500.00 S9,000.00 `(, . 9 DUCTILE IRON FITTINGS FOR 12"W.L. L.S. 1 3890.00 S3,890.00 3200.00 S3,200.00 3850.00 S3,850.00 3000.00 S3,000.00 W 10 BORE&INSTALL 18"DIA.STEEL CASING L.F. 130 66.00 S8,580.00 70,00 $9,100.00 67.10 $8,723.00 100.00 S13.000.00 11 18"WELDED STEEL CASING FOR 12"W.L. L.F. 85.5 9.24 S790.02 39.00 $3,334.50 I 67.10 S5,737.05 65.00 S5.557.50 12 12"CL 51 DUCTILE IRON PIPE L.F. 50 104.00 $5,200.00 39.00 $1,950.00 44.00 ! $2,200.00 55.00 S2,750.00 13 12"C-900 PVC WATER PIPE L.F. 3708 19.50 S72,306.00 17.60 S65,260.80 19.25 S71,379.00 20.50 S76,014.00 14 FIRE HYDRANT ASSEMBLY EA. 6 1300.00 S7,800.00 1200.00 $7,200.00 1200.00 S7,200.00 2000.00 S12.000.00 15 CONNECT TO EXIST 6"WATER LINE L.S. 1 2222.00 S2,222.00 2500.00 $2,500.00 2296.70 S2,296.70 1000.00 S1,000.00 16 DRIVEWAY REPLACEMENT GRAVEL L.F. 415 11.00 S4,565.00 5.00 $2,075.00 I 10.00 S4,150.00 10.00 54.150.00 17 DRVWY REPL.HOT MIX ASPHALTIC L.F. 195 22.00 S4,290.00 8.00 $1,560.00 30.00 S5,850.00 24.00 S4,680.00 18 DESIGN&EXCA.OF TRENCH SAFETY L.F. 3963 0.30 SI,188.90 0.50 S1,981.50 I.00 S3,963.00 I.00 S3,963.00 19 CLEAR ROW FOR CONST.OF W.L. L.F. _ 3963 0.30 S1,188.90 0.50 $1,981.50 0.10 S396.30 1.00 S3,963.00 20 BORE UNDER EXIST.TREES L.F. 100 36.00 S3,600.00 30.00 $3,000.00 10.00 $1,000.00 45.00 $4,500.00 ` 21 RING CONNECT.TO EXIST.8"W.L. L.S. 1 2025.00 S2,025.00 3500.00 $3,500.00 2400.00 S2,400.00 3000.00 S3,000.00 22 RING CONNECT.TO EXIST.6"&8"W.L. L.S. 1 4245.00 S4,245.00 2800.00 S2,800.00 2000.00 S2,000.00 3000.00 S3.000.00 I SUBTOTAL AMOUNT BID SECTION 1A F.M.1709-PHASE II 12"WATER LINE IMPROVEMENT S144,150.87 S132,180.80 I S145,781.10 S171,601.25 (ITEMS 1 -22) I I • F.M.1709 WATER LINE IMPROVEMENTS PHASE II,JELLICO CIRCLE EAST TO PEARSON LANE - JOB NO.001-414 CHEATHAM&ASSOCIATES BID TABULATION SHEET 2 OF 9 OWNER: CITY OF SOUTHLAKE BID DATE:1/6/93 ALEDO CONST.,INC. VIRGIL RHODES CONST. MID-STATE UTILITIES LARRY JACKSON CONST. 513 F.M.1187,#3 106 W.ENON P.O.BOX 1160 5112 SUN VALLEY DR. OB TITLE: F.M.1709 WATER LINE IMPROVEMENTS,PHASE ALEDO,TX 76008 EVERMAN,TX 76140 WACO,TX 76706 FT.WORTH,TX 76119 JELLICO CIRCLE EAST TO PEARSON LANE PHONE:817/441-9402 PHONE:817/293-4477 PHONE:817/863-5644 PHONE:817/572-3303 FAX:817/441-6605 FAX:817/641-5062 FAX: FAX:817/478.0443 OB NO.: 001-414 AMT.BID: S251,465.37 AMT.BID: $265,090.80 AMT.BID: 5279,236.30 AMT.BID: S280,996.25 ITEM ITEM DESCRIPTION UNIT PLAN UNIT COST UNIT COST UNIT COST UNIT COST NO. I I QTY. PRICE I PRICE I PRICE PRICE SECTION 1 B-FM 1709-8"W.L IMP. _ 23 CONNECT8"C-900 PVC W.L. L.S. - 1 580.50 $580.50 1500.00 S1,500.00 429.00_ S429.00 1000.00 S1.000.00 24 DUCTILE IRON FITTINGS-8"W.L. L.S. 1 236.00 S236.00 1000.00 $1,000.00 221.00 _ S221.00 500.00 S500.00 25 1"DIA.POLYBUTYLENE SDR-9 L.F. 50 1.90 S95.00 5.00 -. $250.00 J 7.00 $350.00 8.50 S425.00 (N) 26 WATER SERVICE CONNECTIONS EA. 5 195.00 $975.00_ 150.00 - $750.00 143.00 $715.00 200.00 S1,000.00 27 FIRE HYDRANT ASSEMBLY EA. - 1 1555.00 $1,555.00 1800.00 _ $1,800.00_ 1100.00 S1,100.00 - 2000.00 S2,000.00 28 8"DIA.C-900 PVC WATER PIPE L.F. 900 14.00 S12,600.00 15.00 $13,500.00_ 11.00 $9,900.00 17.50 S15,750.00 ( 29 DRIVEWAY REPLACEMENT GRAVEL L.F. 75 15.00 $1,125.00_ 5.00 _ $375.00_ 10.00 - $750.00 10.00 S750.00 -' 30 PROVIDE DESIGN&EXEC.OF TRENCHES L.F. 900 0.30 S270.00 0.50 _ $450.00 1.00 S900.00 - 1.00 S900.00 31 CLEAR R.O.W FOR CONST.OF W.L. L.F. 900 0.25 S225.00_ 0.50 $450.00_� 0.10 S90.00 1.00 S900.00 32 BORE UNDER EXIST.TREES/STRUCTURES L.F. - 40 _ 22.50 - $900.00_ 35.00_ S1,400.00` 10.00 ^ S400.00 - 45.00 S1.300.00 SUBTOTAL AMOUNT BID - - SECTION 1 B F.M.1709-PHASE II - - 12"WATER LINE IMPROVEMENT - - ` (ITEMS 23-32) S18,561.50 S21,475.00 S14,855.00 S25,025.00 F.M.1709 WATER LINE IMPROVEMENTS PHASE II,JELLICO CIRCLE EAST TO PEARSON LANE - JOB NO.001-414 CHEATHAM&ASSOCIATES BID TABULATION SHEET 3 OF 9 OWNER: CITY OF SOUTHLAKE BID DATE:1/6/93 ALEDO CONST.,INC. VIRGIL RHODES CONS MID-STATE UTILITIES LARRY JACKSON CONS 513 F.M.1187,#3 106 W.ENON P.O.BOX 1160 5112 SUN VALLEY DR. JOB TITLE: F.M.1709 WATER LINE IMPROVEMENTS,PH ALEDO,TX 76008 EVERMAN,TX 76140 WACO,TX 76706 FT.WORTH,TX 76119 JELLICO CIRCLE EAST TO PEARSON LANE PHONE:817/441-9402 PHONE:817293-4477 PHONE:817/863-5644 PHONE:817/572-3303 FAX:817/441-6605 FAX:817/641-5062 FAX: FAX:817/478-0443 JOB NO.: 001-414 AMT.BID: S251,465.37 AMT.BID: $265,090.80 AMT.BID: S279,236.30 AMT.BID: S280,996.25 ITEM ITEM DESCRIPTION UNIT PLAN UNIT COST UNIT COST UNIT COST UNIT COST NO. QTY. PRICE PRICE PRICE PRICE SECTION 1 C-FM 1709-20"W.L ADJUST. 33 EXIST 20"RCCP REMOVE,REPAIRED L.F. 1250 30.00 S37,500.00 49.92 S62,400.00 36.30 S45,375.00 38.00 S47,500.00 34 EXIST 20"RCCP REMOVE&CONC.ENC L.F. 50 72.00 S3,600.00 70.00 S3,500.00 I 55.00 S2,750.00 69.00 S3.450.00 35 REMOVE&RELOC EXIST 6"BLOW OFF L.S. 1 1290.00 $1,290.00 2500.00 I $2,500.00 1300.00 S1,300.00 1500.00 S1,500.00 36 2"DIA.AIR RELEASE VALVE EA. 1 2085.00 S2,085.00 2900.00 S2,900.00 2970.00 S2,970.00 2000.00 S2,000.00 37 6"RING CONNECT.TO EXIST.20"RCCP L.S. 1 1577.00 $1,577.00 3500.00 I S3,500.00 1600.00 S1,600.00 4000.00 S4.000.00 38 DRIVEWAY REPLAC.HOT MIX ASP.CO L.F. 30 56.00 S1,680.00 15.00 S450.00 30.00 S900.00 24.00 S720.00 39 DRIVEWAY REPLACEMENT GRAVEL L.F. 70 19.00 $1,330.00 10.00 I S700.00 10.00 S700.00 10.00 S700.00 40 PROVIDE DESIGN&EXEC.OF TRENCH L.F. 1400 0.30 S420.00 1.00 S1,400.00 2.00 $2,800.00 1.00 S1.400.00 41 CLEAR R.O.W FOR CONST.OF 20"W.L. L.F. 1300 0.70 $910.00 1.00 $1,300.00 2.00 $2,600.00 1.00 51,300.00 42 20"RCCP JOINTS TO BE WELDED EA. 7 168.00 S1,176.00 500.00 S3,500.00 300.00. $2,100.00 200.00 S1,400.00 I 43 ADJ.RINGS FOR RELAYING 20"RCCP EA. 6 355.00 S2,130.00 600.00 S3,600.00 500.00 S3,000.00 900.00 55,400.00 44 20"RCCP INST.AT PEARSON LN. L.S. 1 35055.00 S35,055.00 25685.00 S25,685.00 52505.20 S52,505.20 15000.00 S15,000.00 SUBTOTAL AMOUNT BID -SECTION 1 I SECTION 1A F.M.1709-PHASE II 20"W.L ADJUST.&RELOCATION (ITEMS 33-44) S88,753.00 S111,435.00 S118,600.20 S84,370.00 TOTAL AMOUNT BID ` SECTIONS 1A,1 B AND 1C S251,465.37 S265,090.80 S279,236.30 S280,996.25 ALTERNATE BID ITEM 1 '1A NEW 20"RCCP INC.EXC.,EMB.&BF L.F. 1300 52.40 S68,120.00 49.17 S63,921.00 I 50.00 _ S65,000.00 40.00 S52.000.00 TOTAL AMOUNT BID ALTERNATE BID 1A ` 1 1 'REPLACES REMOVING,REPAIRING&RELAYING EXISTING 20"RCCP F.M.1709 WATER LINE IMPROVEMENTS PHASE II,JELLICO CIRCLE EAST TO PEARSON LANE - JOB NO.001-414 CHEATHAM&ASSOCIATES BID TABULATION SHEET 4 OF 9 OWNER: CITY OFSOUTHLAKE BID DATE:1/6/93 BJ.CO.CONTRACTORS RADICH CONST.CO. CIRCLE"C'CONST. WRIGHT CONST. P.O.BOX 783 8519 INDIAN KNOLL TR. P.O.BOX 40328 601 W.WALL STREET JOB 111 LE: F.M.1709 WATER LINE IMPROVEMENTS,PH GAINESVILLE,TX 76241 FT.WORTH,TX 76180 FT.WORTH,TX 76140 GRAPEVINE,TX 76051 JELLICO CIRCLE EAST TO PEARSON LANE PHONE:817/665-4100, PHONE:817/656-8553 PHONE:817/293-1863 PHONE:817/481-2594 FAX: FAX:817/641-5062 FAX: FAX:817/481-2597 JOB NO.: 001-414 AMT.BID: S288,287.00 AMT.BID: $289,762.50 AMT.BID: S299,235.50 AMT.BID: S324,912.30 ITEM ITEM DESCRIPTION UNIT PLAN UNIT COST UNIT COST UNIT COST UNIT COST NO. QTY. PRICE PRICE PRICE PRICE SECTION 1A-FM 1709 12"W.L IMP. I r 1 6"C-900 PVC WATER PIPE L.F. _ 295 10.50 S3,097.50 15.90 $4,690.50 18.50 S5.457.50 20.00 S5.900.00 2 BORE 12"WELD STEEL CASING L.F. _ 60 95.00 S5,700.00 100.00 56,000.00_ 70.00 S4.200.00 81.00 S4.860.00 3 12"WELD ST.CASING BY OPEN CUT L.F. 120 34.00 S4,080.00 30.00 S3,600.00 50.00 S6,000.00 37.00 S4.440.00 4 1"PB SDR-9 CL 250 WATER PIPE L.F. 110 1.00 S110.00 5.00 S550.00 5.00 S550.00 8.00 S8S0.00 5 WATER SERV.CONNECT AS DETAILED EA. 12 125.00 S1,500.00 300.00 $3,600.00~ 150.00 r SI,800.00 330.00 S3,960.00 6 20"RCCP TEMP CONNECT.NORTH 1709 L.S. 1 _ 3100.00 53,100.00 3950.00 $3,950.00_ 5000.00 $5,000.00 7000.00 57,000.00 7 6"DIA.GATE VALVE EA. 6 325.00 S1,950.00 400.00 S2,400.00 350.00- $2,100.00 450.00 S2,7o0.00 8 12 DIA.GATE VALVE&VALVE BOX EA. 6 950.00 S5,700.00 870.00 S5,220.00 750.00 54,500.00 1000.00 $6,000.00 ' 9 DUCTILE IRON FITTINGS FOR 12"W.L. L.S. - 1 3000.00 S3,000.00 2500.00 52,500.00 4000.00 -I S4,000.00 2500.00 S2.500.00 10 BORE&INSTALL 18"DIA.STEEL CASING L.F. 130 115.00 S14,950.00 150.00 S19,500.00 100.00 - S13,000.00 90.00 S11.700.00 1\ 11 18"WELDED STEEL CASING FOR 12"W.L. L.F. 85.5 41.00 $3,505.50 35.00 $2,992.50 - 60.00 S5,130.00 38.00 $3,249.00 12 12"CL 51 DUCTILE IRON PIPE L.F. 50 42.00 $2,100.00 - 78.00 $3,900.00 - 60.00 ^ S3,000.00 46.00 S2,300.00 13 12"C-900 PVC WATER PIPE L.F. _ 3708r 21.00 S77,868.00 18.00 S66,744.00_L 22.501_ S83,430.00 20.70 S76.755.60 14 FIRE HYDRANT ASSEMBLY EA. 6 950.00 _" S5,700.00 _- 1700.00 S10,200.00 1000.00 S6,000.00 1600.00 S9,600.00 15 CONNECT TO EXIST6"WATER LINE L.S. r 1_ 1800.00 _ 51,800.00 1850.00 S1,850.00 T 750.00y S750.00 1200.00 S1,200.00 16 DRIVEWAY REPLACEMENT GRAVEL L.F. 415 30.00 S12,450.00 3.00 S1,245.00 3.00 $1,245.00 15.00 S6.225.00 17 DRVWY REPL.HOT MIX ASPHALTIC L.F. 195_ 37.00 $7,215.00 13.70 S2,671.50_ 15.00 S2,925.00 37.00 S7,215.00 18 DESIGN&EXCA.OF TRENCH SAFETY L.F. 3963_ 1.00 _ S3,963.00 0.50 $1,981.50 0.50 S1,981.50 _ 1.00 S3,963.00 19 CLEAR ROW FOR CONST.OF W.L. L.F. u 3963 1.00 _ S3,963.00 0.50 $1,981.50 r 0.50 r S1,981.50 1.90 S7,529.70 20 BORE UNDER EXIST.TREES L.F. 100_ 50.00 $5,000.00 70.00 $7,000.00_- 50.00_- 55,000.00 80.00 S8,000.00 21 RING CONNECT.TO EXIST.8"W.L. L.S. 1_ 2000.00� S2,000.00 2500.00 S2,500.00_ 1200.00 S1,200.00 2200.00 S2.200.00 22 RING CONNECT.TO EXIST.6"&8"W.L. L.S. r 1 - 2000.00_ S2,000.00 2500.00 S2,500.00 _ 750.00 _ S750.00 1900.00 S1.900.00 SUBTOTAL AMOUNT BID I - - SECTION 1 A F.M.1709-PHASE II I - _ - 12"WATER LINE IMPROVEMENT I _ - $170,752.00 $157,576.50 S160,000.50 S1 80,077.30 (ITEMS 1 -22) - I - - _ _ - F.M.1709 WATER LINE IMPROVEMENTS PHASE II,JELLICO CIRCLE EAST TO PEARSON LANE - JOB NO.001-414 CHEATHAM&ASSOCIATES BID TABULATION SHEET 5 OF 9 OWNER: CITY OF SOUTHLAKE BID DATE:1/6/93 B.J.CO.CONTRACTORS RADICH CONST.CO. CIRCLE"C'CONST. WRIGHT CONST. P.O.BOX 783 8519 INDIAN KNOLL TR. P.O.BOX 40328 601 W.WALL STREET JOB TITLE: F.M.1709 WATER LINE IMPROVEMENTS,PHASE GAINESVILLE,TX 76241 FT.WORTH,TX 76180 FT.WORTH,TX 76140 GRAPEVINE,TX 76051 JELLICO CIRCLE EAST TO PEARSON LANE PHONE:817/665-4100 PHONE:817/656-8553 PHONE:817/293-1863 PHONE:817/481-2594 FAX: FAX:817/641-5062 FAX: FAX:817/481-2597 JOB NO.: 001-414 AMT.BID: S288,287.00 AMT.BID: $289,762.50 AMT.BID: S299,235.50 AMT.BID: S324,912.30 ITEM ITEM DESCRIPTION UNIT PLAN UNIT COST UNIT COST UNIT COST UNIT COST NO. I I QTY. PRICE PRICE I PRICE = PRICE T • SECTION 1 B-FM 1709-8"W.L IMP. 23 CONNECT 8"C-900 PVC W.L. LS. 1 200.00 $200.00 1000.00 $1,000.00 - 750.00 _ S750.00 1400.00 S1.400.00 24 DUCTILE IRON FITTINGS-8"W.L. L.S. 1 300.00 $300.00 350.00 $350.00_ 650.00 S650.00 400.00 S400.00 25 1"DIA.POLYBUTYLENE SDR-9 L.F. 50 1.00 550.00 5.00 S250.00_ 5.00 S250.00 8.00 S400.00 26 WATER SERVICE CONNECTIONS EA. - 5 125.00 $625.00 300.00~_ $1,500.00 150.00 S750.00 330.00 51.650.00 27 FIRE HYDRANT ASSEMBLY EA. 1 1250.00 $1,250.00_ 1700.00 $1,700.00J 1000.00 r S1,000.00 a 1600.00 S1,600.00 ( 28 8"DIA.C-900 PVC WATER PIPE Lft 900 13.00 $11,700.00 17.50 _ 515,750.00 20.50 $18,450.00 r 15.00 S13.500.00 ^_I 29 DRIVEWAY REPLACEMENT GRAVEL L.F.F. 75 30.00 $2,250.00_ 3.00 _ 5225.00_ 3.00 _ S225.00 15.00 S1,125.00 �J 30 PROVIDE DESIGN&EXEC.OF TRENCHES L.F.F. 900 1.00 $900.00 _ 0.50 5450.00 0.50 S450.00 1.00 S900.00 - 31 CLEAR R.O.W FOR CONST.OF W.L. L.F. 900 - 1.00 $900.00 0.50 a $450.00 0.50 a S450.00 a 4.00 S3,600.00 32 BORE UNDER EXIST.TREES/STRUCTURES LF. 40_ 50.00 $2,000.00_ 70.00 _ S2,800.00_ 50.00 _ S2,000.00 80.00 S3.200.00 SUBTOTAL AMOUNT BID - - SECTION 18 F.M.1709-PHASE II 12"WATER LINE IMPROVEMENT - - (ITEMS 23-32) _ r S20,175,00 y S24,475.00 _ S24,975.00 Y S27,775.00 F.M.1709 WATER LINE IMPROVEMENTS PHASE II,JELLICO CIRCLE EAST TO PEARSON LANE - JOB NO.001-414 - CHEATHAM&ASSOCIATES BID TABULATION SHEET 6 OF 9 OWNER: CITY OF SOUTHLAKE BID DATE:1/6/93 BJ.CO.CONTRACTORS RADICH CONST.CO. CIRCLE"C'CONST. WRIGHT CONST. P.O.BOX 783 8519 INDIAN KNOLL TR. P.O.BOX 40328 601 W.WALL STREET JOB TITLE: F.M.1709 WATER LINE IMPROVEMENTS,PH GAINESVILLE,TX 76241 FT.WORTH,TX 76180 FT.WORTH,TX 76140 GRAPEVINE,TX 76051 JELLICO CIRCLE EAST TO PEARSON LANE PHONE:817/665-4100 PHONE:817/656-8553 PHONE:817/293-1863 PHONE:817/481-2594 FAX: FAX:817/641-5062 FAX: FAX:817/481-2597 JOB NO.: 001-414 AMT.BID: S288,287.00 AMT.BID: S289,762.50 AMT.BID: S299,235.50 AMT.BID: S324,912.30 ------------ ITEM ITEM DESCRIPTION UNIT PLAN UNIT COST UNIT COST UNIT COST UNIT COST NO. QTY. PRICE PRICE PRICE PRICE SECTION 1C-FM 1709-20"W.L ADJUST. 33 EXIST 20"RCCP REMOVE,REPAIRED L.F. 1250 43.50 S54,375.00 34.70 S43,375.00 _ 55.00 S68,750.00 _ 45.00 S56.250.00 34 EXIST 20"RCCP REMOVE&CONC.ENC L.F. 50 48.50 S2,425.00 100.00 S5,000.00 110.00 S5.500.00 73.00 S3.650.00 35 REMOVE&RELOC EXIST 6"BLOW OFF L.S. 1 600.00 S600.00 1100.00 S1,100.00 500.00 S500.00 4100.00 S4,100.00 36 2"DIA.AIR RELEASE VALVE EA. 1 1300.00 S1,300.00 2000.00 S2,000.00 2400.00 S2,400.00 3100.00 S3,100.00 37 6"RING CONNECT.TO EXIST.20"RCCP L.S. 1 2000.00 S2,000.00 2500.00 S2,500.00 _ 2000.00 S2,000.00 2600.00 S2.600.00 38 DRIVEWAY REPLAC.HOT MIX ASP.CO L.F. 30 37.00 S1,110.00 13.70 S411.00 15.00 S450.00 37.00 51,110.00 39 DRIVEWAY REPLACEMENT GRAVEL L.F. 70 30.00 S2,100.00 3.00 S210.00 3.00 S210.00 15.00 S1,050.00 40 PROVIDE DESIGN&EXEC.OF TRENCH L.F. 1400 1.00 S1,400.00 1.00 SI,400.00 1.00 S1,400.00 1.00 S1.400.00 (I4 41 CLEAR R.O.W FOR CONST.OF 20"W.L. L.F. 1300 1.00 S1,300.00 0.50 S650.00 0.50 S650.00 6.00 S7,800.00 42 20"RCCP JOINTS TO BE WELDED EA. 7 250.00 51,750.00 250.00 $1,750.00 200.00 S1,400.00 400.00 52,800.00 43 ADJ.RINGS FOR RELAYING 20"RCCP EA. 6 500.00 S3,000.00 1000.00 S6,000.00 500.00 S3,000.00 700.00 S4.200.00 1 44 20"RCCP INST.AT PEARSON LN. L.S. 1 26000.00 S26,000.00 43315.00 S43,315.00 28000.00 S28,000.00 29000.00 S29,000.00 SUBTOTAL AMOUNT BID -SECTION 1 _ _ SECTION 1A F.M.1709-PHASE II 20"W.L ADJUST.&RELOCATION (ITEMS 33-44) S97,360.00 S107,711.00 ` S114,260.00 S117,060.00 TOTAL AMOUNT BID _ SECTIONS 1A,1B AND 1C $288,287.00 $289,762.50 _ S299,235.50 $324,912.30 ALTERNATE BID ITEM - •IA NEW 20"RCCP INC.EXC.,EMB.&BF L.F. 1300 54.00 S70,200.00 42.50 S55,250.00 55.00 _ S71,500.00 45.65 S59,345.00 TOTAL AMOUNT BID - ALTERNATE BID 1A _ _ _ •REPLACES REMOVING,REPAIRING&RELAYING EXISTING 20"RCCP , F.M.1709 WATER LINE IMPROVEMENTS PHASE II,JELLICO CIRCLE EAST TO PEARSON LANE - JOB NO.001-414 CHEATHAM&ASSOCIATES BID TABULATION SHEET 7 OF 9 OWNER: CITY OF SOUTHLAKE BID DATE:1/6/93 FOX CONTRACTORS,IN J.C.EVANS CONST.CO. RHODE CONST.CO. 313 ASHFORD LANE 3900 VALLEY VIEW LN. P.O.BOX 152975 JOB 111LE: F.M.1709 WATER LINE IMPROVEMENTS,PH MIDLOTHIAN,TX 76065 IRVING,TX 75062 ARLINGTON,TX 76015 JELLICO CIRCLE EAST TO PEARSON LANE PHONE:214/775-6870 PHONE:214/257-0639 PHONE:214/329-7900 PHONE: FAX: FAX:214/255-3224 FAX:214/329-0707 FAX: JOB NO.: 001-414 AMT.BID: S339,782.30 AMT.BID: $381,428.28 AMT.BID: S424,993.62 AMT.BID: ERR ITEM ITEM DESCRIPTION UNIT PLAN UNIT COST UNIT COST UNIT COST UNIT COST NO. QTY. PRICE PRICE PRICE PRICE SECTION 1A-FM 1709 12'W.L IMP. _ ,- I _ , I 6"C-900 PVC WATER PIPE L.F. _ 295 _ 14.00 $4,130.00 27.22 I S8,029.90 26.55 - $7,832.25 ERR 2 BORE 12"WELD STEEL CASING L.F. 60 85.00 S5,100.00 90.72 S5,443.20� 107.14 S6,428.40 ERR 3 12"WELD ST.CASING BY OPEN CUT L.F. _ 120^ 40.00 S4,800.00 34.56 I S4,147.20 20.24 S2,428.80 ERR 4 1"PB SDR-9 CL 250 WATER PIPE L.F. _ 110T 6.00 S660.00 y 9.45 S1,039.50_ 4.76 ^ S523.60 ERR 5 WATER SERV.CONNECT AS DETAILED EA. _ 12 - 300.00 S3,600.00 - 329.40 I S3,952.80 _ 666.67 S8,000.04 ERR 6 20"RCCP TEMP CONNECT.NORTH 1709 L.S. 1 - 3000.00 $3,000.00 4428.00 $4,428.00_ 5364.29 S5,364.29 ERR 7 6"DIA.GATE VALVE EA. 6 350.00 S2,100.00 r 369.36 $2,216.16 463.10 S2,778.60 8 12 DIA.GATE VALVE&VALVE BOX EA. 6 650.00 S3,900.00 _ 820.00 S4,920.00 L 1028.57 _r S6,171.42 ERR 9 DUCTILE IRON FITTINGS FOR 12"W.L. L.S. 1 2800.00 $2,800.00 6156.00 S6,156.00 2976.19 S2,976.19 ERR 10 BORE&INSTALL 18"DIA.STEEL CASING L.F. - 130T 95.00 S12,350.00 - 117.72 $15,303.60 133.33 _ S17,332.90 ERR 11 18"WELDED STEEL CASING FOR 12"W.L. L.F. _ 85.5 65.00 $5,557.50 _ 50.76 S4,339.98 22.62_ S1,934.01 ERR 1 12 12" _CL 51 DUCTILE IRON PIPE L.F. _ 50 35.00 $1,750.00 42.88 $2,144.00 42.74_ S2,137.00 ERR 13 12"C-900 PVC WATER PIPE L.F. _ 37084- 17.60 S65,260.80 24.68 591,513.44_ 35.32 S130,966.56 ERR 14 FIRE HYDRANT ASSEMBLY EA. 6- 1000.00 56,000.00 _y 1638.36 S9,830.16_ 1865.48- S11,192.88 ERR 15 CONNECT TO EXIST 6"WATER LINE L.S. - 1_r 1200.00 S1,200.00 _ 1350.00 S1,350.00_ 1964.29 S1,964.29 ERR 16 DRIVEWAY REPLACEMENT GRAVEL L.F. _ 415L 5.00 S2,075.00 9.56 S3,967.40_ 4.76 r S1,975.40 ERR 17 DRVWY REPL.HOT MIX ASPHALTIC L.F. _ 195 10.00 $1,950.00 _ 17.33 $3,379.35 10.12- $1,973.40 ERR - 18 DESIGN&EXCA.OF TRENCH SAFETY L.F. - 3963 1.00 $3,963.00 0.30 S1,188.90^_ 2.38� S9,431.94 ERR 19 CLEAR ROW FOR CONST.OF W.L. L.F. 3963_ 2.00 $7,926.00 1.08 $4,280.04_ 2.38 S9,431.94 ERR 20 BORE UNDER EXIST.TREES L.F. 100 65.00 S6,500.00 59.40 S5,940.00 28.57 - $2,857.00 ERR 21 RING CONNECT.TO EXIST.8"W.L. L.S. 1 1500.00 S1,500.00_ 1950.00 I S1,950.00 1021.43 S1,021.43 ERR 22 RING CONNECT.TO EXIST.6"&8"W.L. L.S. 1 3000.00 S3,000.00 - 1950.00 I $1,950.00- 4761.90 $4,761.90 ERR I SUBTOTAL AMOUNT BID - I SECTION 1A F.M.1709=PHASE II 12"WATER LINE IMPROVEMENT _ S149,122.30 i I S187,469.63 - S239,484.24 ERR (ITEMS 1 -22) y I - '" - - - ' .3- - F.M.1709 WATER LINE IMPROVEMENTS PHASE II,JELLICO CIRCLE EAST TO PEARSON LANE - JOB NO.001-414 - CHEATHAM&ASSOCIATES BID TABULATION SHEET 8 OF 9 'OWNER: CITY OFSOUTHLAKE BID DATE:1/6/93 FOX CONTRACTORS,INC J.C.EVANS CONST.CO. RHODE CONST.CO. 313 ASHFORD LANE 3900 VALLEY VIEW LN. P.O.BOX 152975 OB TITLE: F.M.1709 WATER LINE IMPROVEMENTS,PHASE MIDLOTHIAN,TX 76065 IRVING,TX 75062 ARLINGTON,TX 76015 JELLICO CIRCLE EAST TO PEARSON LANE PHONE:214/775-6870 PHONE:214/257-0639 PHONE:214/329-7900 PHONE: FAX: FAX:214/255-3224 FAX:214/329-0707 FAX: OB NO.: 001-414 AMT.BID: $339,782.30 AMT.BID: $381,428.28 AMT.BID: S424,993.62 AMT.BID: ERR ITEM ITEM DESCRIPTION UNIT PLAN UNIT COST UNIT COST UNIT COST UNIT COST NO. I I QTY. PRICE _ PRICE PRICE__ PRICE U _ _ SECTION 1 B-FM 1709-8"W.L IMP. - _ 23 CONNECT8"C-900 PVC W.L. L.S. 1 1000.00 $1,000.00 _ 810.00 _ S810.00 13291.67 S13,291.67 ERR 24 DUCTILE IRON FITTINGS-8"W.L. LS. 1 600.00 S600.00 1296.00 S1,296.00 716.67 S716.67 ERR 25 1"DIA.POLYBUTYLENE SDR-9 L.F. 50 6.00 _ S300.00 9.45 _ S472.50 4.76 - S238.00 _ ERR 26 WATER SERVICE CONNECTIONS EA. 5 300.00 _ S1,500.00 329.50 _ $1,647.50 _ 595.24 S2,976.20 ERR 27 FIRE HYDRANT ASSEMBLY EA. 1 1000.00 S1,000.00 1674.00 S1,674.00 1845.24 - S1,845.24 ERR 28 8"DIA.C-900 PVC WATER PIPE L.F. 900 16.00 S14,400.00 22.52 - S20,268.00 30.61 S27,549.00 ERR R 29 DRIVEWAY REPLACEMENT GRAVEL L.F. 75 20.00 - $1,500.00 L 8.05 - S603.75 _ 4.76 S357.00 ERR �' 30 PROVIDE DESIGN&EXEC.OF TRENCHES L.F. 900 1.00 S900.00 0.30 S270.00 2.38 S2,142.00 ERR 31 CLEAR R.O.W FOR CONST.OF W.L L.F. 900 2.00 .. S1,800.00 1.08 $972.00 1.79 ^ 51,611.00 ERR .N\ 32 BORE UNDER EXIST.TREES/STRUCTURES L.F. - 40 - 65.00 - $2,600.00 1 59.40 ` S2,376.00 ^ 29.76 - $1,190.40_ ERR - - .J - _ SUBTOTAL AMOUNT BID _ ... - _ SECTION 18 F.M.1709-PHASE II _ _ _ 12"WATER LINE IMPROVEMENT -- - - - (ITEMS23-32) S25,600.00 S30,389.75 S51,917.18� - ERR _ i F.M.170:'WATER LINE IMPROVEMENTS PHASE II,JELLICO CIRCLE EAST TO PEARSC IE - JOB NO.001-414 CHh ATHAM&ASSOCIATES BID TABULATION SHEET 9 OF 9 •WNER: CITY OFSOUTHLAKE BID DATE:1/6/93 FOX CONTRACTORS,I J.C.EVANS CONST.CO. RHODE CONST.CO. 313 ASHFORD LANE 3900 VALLEY VIEW LN. P.O.BOX 152975 OB TITLE: F.M. '709 WATER LINE IMPROVEMENTS,PH MIDLOTHIAN,TX 76065 IRVING,TX 75062 ARLINGTON,TX 76015 JELLICO C.RCLE EAST TO PEARSON LANE PHONE:214/775-6870 PHONE:214(257-0639 PHONE:214/329-7900 PHONE: FAX: FAX:214/255-3224 FAX:214/329-0707 FAX: OB NO.: 001-414 AMT.BID: S339,782.30 AMT.BID: S381,428.28 AMT.BID: S424,993.62 AMT.BID: ERR ITEM ITEI •DESCRIPTION UNIT PLAN UNIT COST UNIT COST UNIT COST UNIT COST NO. QTY. PRICE PRICE PRICE PRICE I I I SECTION 1 C-FM 1709-20"W.L.ADJUST. - I 1 II 1 33 EXIST 20"RCCP REMOVE,REPAIRED L.F. 1250 72.00 S90,000.00 73.17 S91,462.50 76.19 595,237.50 I ERR 1 34 EXIST 20"RCCP REMOVE&CONC.ENC L.F. 50 120.00 56,000.00 160.38 S8,019.00 112.11 55,605.50 f ERR I 35 REMOVE&RELOC EXIST 6"BLOW OFF L.S. 1 800.00 S800.00 1387.80 S1,387.80 2005.95 S2,005.95 I I ERR I 36 2"DIA.AIR RELEASE VALVE EA. 1 1800.00 S1,800.00 2646.00 S2,646.00 2095.24 52,095.24 j ERR I 37 16"RING CONNECT.TO EXIST.20"RCCP L.S. 1 3000.00 S3,000.00 2068.20 S2,068.20 2650.00 S2.650.00 I I ERR 1 38 I DRIVEWAY REPLAC.HOT M1 ASP.CO L.F. 30 20.00 S600.00 17.34 S520.20 10.12 S303.60 I ERR I 39 I DRIVEWAY REPLACEMENT GRAVEL L.F. .., 70 _ 8.00 _ S560.00 9.56 S669.20 4.76 S333.20 ERR I 40 PROVIDE DESIGN&EXEC.OF TRENCH I L.F. _ 1400 2.00 _ 52,800.00_ 0.30 S420.00 2.98 41 CLEAR R.O.W FOR CONST.OF 20"W.L. I L.F. .. 1300_ 3.00_ 53,900.00 _ 1.08 $1,404.00 2.38 - S4,]72.00 $3,094.00 ERR ERR 42 20^RCCP JOINTS TO BE WELDED EA. 7 �_ 3000.00 $21,000.00 _ 324.00 S2,268.00 535.71 S3,749.97 Ir ERR I 43 ADJ.RINGS FOR RELAYING 20"RCCP I EA. 6 600.00 53,600.00 567.00 S3,402.00 773.81 S4,642.86 I I ERR I 1 44 20"RCCP INST.AT PEARSON LN. L.S. 1 31000.00 S31,000.00 49302.00 S49,302.00 9702.38 S9,702.38 I I ERR . I I SUBTOTAL AMOUNT BID -SECTION 1 I_ SECTION 1A F.M.1709-PHASE II 20"W.L ADJUST.&RELOCATION _ S165,060.00 $163 568.90(ITEMS 33-44) , S133,592.20 I I ERR I TOTAL AMOUNT BID SECTIONS IA,I AND 1C i $339,782.30 _ $381,428.28 S424,993.62 ERR I 1 ALTERNATE BID ITEM 1 1 '1A NEW 20"RCCP INC.EXC.,EMB.&BF L.F. 1300 62.00 S80,600.00 72.82 - S94,666.00 75.00 597,500.00 I ERR _ . I I TOTAL AMOUNT BID ALTERNATE BID 1A I i i i t 'REPLACES REMOVING,REPAIRING&RELAYING EXISTING 20"RCCP CHEATHAM AND ASSOCIATES January 20, 1993 Mr. Steve Chutchian, P.E. Director of Public Works City of Keller P.O. Box 770 Keller, TX 76248 Re: Agreement-for City of Southlake to Connect to City of Keller's Water Supply Line Dear Mr. Chutchian: As you are aware, the City of Southlake is in the process of relocating water lines in the right-of-way of F.M. 1709. This relocation will involve the lowering of a portion of the City's 20" supply line. Therefore, we request that the City of Keller permit the City of Southlake to connect a proposed 12" line, which can be utilized in the future by Keller, onto the City of Keller's existing 30" supply line at Pearson Road. We have enclosed a portion of the construction plans which illustrate the proposed connection. As shown on the drawing, the City of Keller can use the proposed line from Point A to Point B in the future. The City of Keller will be required to construct a new line across F.M. 1709, therefore this line will be turned over to the City of Keller, once it is no longer needed by the City of Southlake. We plan to begin construction of the 12" line within the next 30 days. Once this line is complete and tested, with your permission, we will proceed to feed the City of Southlake through the 12" line. The proposed relocations of the 20" line should be complete in 4-6 weeks after the 12" line is in service. Once the 20" line has been placed back into service, the proposed 12" line will be disconnected from your 30" line at Point A, and also, the connection at Point B will also be disconnected. The 12" line from Point A to Point B will then be turned over to the City of Keller. The City of Southlake will notify you prior to construction of the 12" line so that you can schedule your inspectors to be available to inspect the construction. We are obtaining the required permit for this project from the Highway Department. We will also coordinate the construction of the line with the Highway Department. This project was bid on January 6, 1993. Enclosed herewith is a copy of the bid tabulation for the project. As you can see, the low bidder was Aledo Construction, Inc. Based upon the unit prices of Aledo Construction, we have arrived at the construction cost for the City of Keller's share of this project as follows: ENGINEERS • PLANNERS•SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1170 Corporate Drive West • Suite 207 • Arlington, Texas 76006 817/633-1023 • Metro 640-4329 Mr. Steve Chutchian, P.E. January 20, 1993 City of Keller Page 2 380 L.F. 12" C-900 Line @ $ 19.50 $ 7,410.00 65 L.F. 18" Bore w/casing @ 66.00 4,290.00 45 L.F. 18" Casing w/o Bore @ 9.26 416.70 20 L.F. HMAC Drive Repair ' @ 22.00 440.00 3 EA. 12," Valve & Box @ 750.00 2,250.00 2 EA. 12" Tees @ 450.00 900.00 1 EA. 12" 90° Bend @ 100.00 100.00 TOTAL $15,806.70 Therefore, the City of Keller's share of the project is $15,806.70 The City of Southlake will install a 10" meter, east of Pearson Lane, to meter the flows through the 12" line during this period. The two cities will therefore continue to pay their pro-rata share of the water from the City of Fort Worth, as has been done in the past. We appreciate very much the cooperation of the City of Keller on this project. If you need any further information, or have any questions, please give us a call. Respectfully, Eddie Cheatham, P.E. City Engineer \kelleasouthlak.con Enclosures: Bid Tabulation Construction Plan Excerpt cc: City of Southlake V el V J _P v 1 h CONNECT TO EXISTING 30" f! W CC RCCP WHILE IN SERVICE WITH 12" DIA. TAPPING ° (]_ .. / ' LVE a SLEEVE . o Il00 - EXISTING 8"GATE 30" RCCP A 'k x / / �� 8"W EXISTING 8"GAT -41 z6 BOX " ,�IffikkAi—q. - _• . - ,i--30�� R.C.P. .• _ FOR PLAN - PROFILE OF 12°1 F.Mi 1709 STA. 154+ I7 F_M. 1709 S WATER LINE CROSSING.SEE t� _ _ _ — sHT. NO. 8 OF '12 % XELLER�_SOu`iiLAKE-- , . .4 \---- ---..,.1.._. e-__rin =. _ _ _ F.M. 1709 PROPOSED C.L.\•+ 1t 1 0_ I54+OO , _ _ +-' 3+00 - - - 30"R.C.P. Malir _ -30 R.C.P. IW -_ Ohl .P 1/'. �1I.,t� - i . . • in P POSED C.L. STA.-(5+87.9: .:. % I - 12"x 12" TEE F.M. 1709 STA. 154+17 - 58'.RT. ; I - 12"GATE VALVE a BOX - l2 le 12 .TEE . 1 - 6" GATE VALVE 6 BOX - I2 DIA: y P.ATE VALVES a BOXES Ii 1 ��TO SOUTH IA. C-900 P.VC. - JOINT 12 DIA. C-900 V.C.-TO , WEST--WITH.-BLOCKING. - . - I PROPOSED CI_ STA •(5+54.E 1 - 12x12x6 TEE F.M. I709 SEA. 154+ 70 - 58` RT. 5' I - 12" GATE VALVE a BOX I - 12' 90° BEND WITH 1i3LOCKING „„. 1 - 6" GATE, VALVE & BOX PROPOSED C.L. STA. 12 WATER Y I - JOINT 6• DIA.C-900 P.V.C. LINE-= -(7t31.23) '411 T9 SOUTH. , ' \ / . -12 CHECK VALVE WEST Of GATE VALVE 7. 20.L.F...HMAC .DRIVEWAY RaPLACEMENT — i • SEE DETAIL SHT. NO. 1,1`0F\-12'' .1 d04 I (+•UTILITY EASF,MENT- _ • r r � •P.L. • 12"CH 41 VALVE G I PROPOSED' C.L. STA.-(5+49.f a: CONSTRUCT FIRE HYDRANT —_- --- ASSEMBLY-SEE DETAIL SHT. U"a . "_.... I : , NO. III OR 12\', • • � . N -i� ,• • . • o �� LT. CURB: PROFILE 650 _ �, I ! n t ' - ' C.L: PROFILE • IL) T<.5.:V • : , II < td i...0 . i o .)...< ti . 1 • W of =� - R - pr I z r _ 30 .P. c� .11 1 22l x / -w��-=• City of Southlake,Texas MEMORANDUM CITY MANAGER January 28, 1993 I I -�S 061 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Award of Bid to Bertram Construction for Street Construction of Jellico Circle. On October 13 , 1992, bids were opened for street and drainage improvements on Jellico Circle. The award of this bid has been delayed due to Lone Star Gas lowering gas transmission lines on Jellico Circle. The bid documents stipulated that bids be guaranteed for 120 days, therefore this bid would need to be awarded on the February 2 , 1993 City Council agenda. The low bid of the four received was from Bertram Construction, Arlington, Texas for $144 , 455 . 58 . Eddie Cheatham of Cheatham and Associates has reviewed the bids and is recommending award to Bertram Construction. The Fiscal Year 1992-93 Operating Budget includes $150, 000 within the Street Division budget for the street reconstruction and related improvements of Jellico Circle . The low bid from Bertram Construction is within the budgeted amount•. It is recommended that the City Council award the contract for street and drainage improvements of Jellico Circle as specified in the bid document to Bertram Construction for $144, 455 . 58 . A1101/04012- LAH CHEATHAM AND ASSOCIATES January 21, 1993 Mr. Curtis Hawk City Manager . City of Southlake 667 N. Carroll Avenue Southlake, TX 76092 Re: Award of Bids for Street and Drainage Improvements - Jellico Circle East and West Job No. 001-209 Dear Curtis: Enclosed herewith is the bid tabulation for the subject project. This project was bid on October 13th, 1992. The bid documents specified that the bids were to be guaranteed for 120 days, therefore we need to act upon these bids at the February 2nd City Council Meeting. The awarding of bids has been delayed due to Lone Star Gas needing to lower their lines along Jellico Circle. This has been done, and now we can proceed with the project. The Contractor will be cautioned, at the pre-construction conference, about laying asphalt pavement if the weather conditions are unfavorable. This could cause delays in completing the project. However, by the time the contract and bonds are completed, and all the grading work is ready, the weather should have begun to warm up for the Spring. The low bidder was Bertram Construction with a bid of$144,455.58. Bertram has performed well for the City of Southlake on other projects, and we feel comfortable recommending them for this project. Therefore, we recommend that the project be awarded at the February 2nd City Council Meeting, to Bertram Construction. The contract amount of award is $144,455.58. If you have any questions, please give us a call. Respectfully, Eddie Cheatham, P.E. \award.ber Enclosures: Bid Tabulation ENGINEERS • PLANNERS • SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1170 Corporate Drive West • Suite 207 • Arlington, Texas 76006 817/633-1023 • Metro 640-4329 • JELLICO CIRCLE EAST AND WEST, STREET AND DRAINAGE IMPROVEMENTS ' CHEATHAM&ASSOCIATES BID TABULATION SHEET 1 OF 1 OWNER: CITY OF SOUTHLAKE BID DATE: 10/13/92 J.L BERTRAM CONST. APAC-TEXAS,INC. REYNOLDS ASPHALT DBR CONSTRUCTION y`v 1007 HARRISON AVE. 1901 COLD SPRINGS RD. P.O.BOX 370 521 N.LOCUST STREET JOB TITLE: JELLICO CIRCLE EAST AND WEST ARLINGTON,TX 78011 FT.WORTH,TX 78101 EULESS,TX 76039 DENTON,TX 76202 STREET AND DRAINAGE IMPROVEMENTS PHONE:817/281.2991 PHONE:817/338-0521 PHONE: 817/287.3131 PHONE: FAX:817/281.3044 FAX:817/877-4908 FAX: 817/267.1878 FAX: JOB NO.: 001-209 AMT.BID: $144,455.58 AMT,BID: $162,952.50 AMT.BID: S169,879.50 AMT.BID: $174,188.25 REM ITEM DESCRIPTION UNIT PLAN UNIT COST UNIT COST UNIT COST UNIT COST NO. QUANTITY PRICE PRICE PRICE PRICE 1 STREET EXCAVATION C.Y. 3700 6.00 $22,200.00 7.50 I 527,750.00 10.00 $37,000.00 I 10.00 537,000.00 2 LIME STABILIZED SUBGRADE 8'THICK S.Y. 11000 2.72 $29,920.00 3.25 I $35,750.00 3.20 S35,200.00 3.50 538,500.00 3 4'THICK COMPACTED TYPE'B'&'D'HMAC S.Y. 9350 7.40 $69,190.00 7.35 $68,722.50 7.07 S66,104.50 ' 8.50 $79,475.00 4 6-THICK-3000 PSI CONCRETE S.Y. 130 29.00 53,770.00 35.00 $4,550.00 42.00 55,460.00 27.00 S3,510.00 5 6'THICK COMPACTED TYPE'D'HMAC S.Y. 35 13.00 S455.00 32.00 $1,120.00 15.00 $525.00 I 15.00 S525.00 6 36'DIA.CL III REINFORCED CONCRETE PIPE LF. 35 40.00 51,400.00 95.00 $3,325.00 70.00 $2,450.00 I 50.00 S1,750. 3 7 12'DIA.CL III REINFORCED CONCRETE PIPE LF. 50 22.65 $1,132.50 44.00 $2,200,00 18.00 5900.00 I 25.00 S1,250.00 { 8 UNCLASSIFIED CHANNEL EXCAVATION C.Y. 80 10.50 $840.00 9.50 $760,00 25.00 S2,000.00 I 10.00 S800.00 V`71 9 TYPE'A',HEADWALL TEX-DOT DETAIL CH-11 EA 2 3370.00 58.740.00 I 4000.00 $8,000.00 4000.00 $8,000.00 I 3000.00 S6,000.00 10 TYPE'A'HEADWALL TEX-DOT DETAIL CH-7 EA 1 1600.00 $1,600.00 1600.00 $1,600.00 2000.00 52,000.00 1000.00 51,000.00 11 TYPE'A'HEADWALL-CH-7,MODIF W/ENERGY EA 1 3050.00 53,050.00 3800.00 $3,600,00 3500.00 53,500.00 1500.00 51,500.00 1 12 6'THICK COMPACT CL'B'CRUSHED STONE S.Y. 40 10.50 $420.00 40.00 $1,600.00 40.00 $1,600.00 10.00 S400.00 13 ST.AUGUSTINE SOD W/RYE OVERSEEDING LS. 1 525.00 $525.00 1000.00 $1,000.00 700.00 $700.00 I 1100.00 SI,100.00 14 43-x17-CORRUGATED METAL PIPE I LF. 37 88.84 $3,213.08 75.00 $2,775.00 120.00 $4,440.00 I 37.25 $1,378.25 I TOTAL AMOUNT BID $144,455.58 $162,952.50 S169,879.50 S 174,188.25 (ITEMS 1-14) City of Southlake,Texas MEMORANDUM January 28, 1993 TO: Curtis E. Hawk, City Manager FROM: Chris Terry, Asst. to the City Manager _ SUBJECT: Texas Utilities Electric Company Rate Request On January 22 , 1993 , the City of Southlake was presented a Petition and Statement of Intent to increase their rates in the amount of 15. 32%. Under State law the City has 35 days to respond. The City's options include: 1) approve the request; 2) deny the request; 3) pass the request to the Public Utilities Commission and accept the PUC determination of the request; 4) suspend the rates for a period of 90 days to allow the City Council time to determine the sufficiency of the request. Concerning the latter, the City can choose to hire a rate consultant to study the request and make a recommendation to the City Council. The cost of the consultant would be borne by TU Electric but could be passed on to the consumers. The City has original jurisdiction in the request however, the PUC has appellate jurisdiction. By suspending the rates the City Council will be able to take time to weigh its options. CT/kb .. lj to �. Jail 2 21993 7UELECTRIC OFFICE OF CITY SECRETA.R _ Louie P.Rhodes,Jr.Manager January 22, 1993 City of Southlake 667 N. Carroll Southlake, Texas 76092 Attached for filing please find a Petition and Statement of Intent of Texas Utilities Electric Company (TU Electric) . This rate request is identical to those being filed today with other regulatory authorities and affects all customers served by TU Electric. Also, transmitted with this letter as part of this filing is 'a Rate Filing Package containing the testimony and data upon which the proposed rates are based. The entire Rate Filing Package consists of twenty-five (25) volumes and contains a copy of TU Electric's Petition and Statement of Intent before the Public Utility Commission of Texas for your information. Should you have any questions concerning the rate filing, please give me a call. Very truly yours, Sonny Rhodes Receipt Acknowledged By: 6V / (—/) Title: Date: AA 170 P.O.Box 1329 Grapevine,Texas 76051 A;" BEFORE THE GOVERNING BODY OF THE CITY OF SOUTHLAKE RE: APPLICATION OF TEXAS § UTILITIES ELECTRIC COMPANY § DOCKET NO. FOR AUTHORITY TO CHANGE RATES § VETITION 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, Article 1446c, V.A.T.S. (the "PURA") and files this its Petition and Statement of Intent, respectfully showing unto this Honorable Governing Body the following: I. TU Electric's last rate increase, in Public Utility Commission of Texas (the "Commission") Docket No. 9300, was based upon costs incurred during an adjusted test year ended June 30, 1989. Since that time, TU Electric has undertaken bold initiatives to reduce costs and improve efficiencies while maintaining its tradition of providing a high quality of service to its customers. With one notable exception, the beneficial impacts of these cost reduction and efficiency improvements are embedded in the test-year data and, therefore, are automatically reflected in the cost of service underlying the rates requested herein. The one exception is TU Electric's Competitive Action Plan, an aggressive and far-reaching cost reduction and efficiency improvement program that will reshape many aspects of TU Electric's operations. While none of the PETITION AND STATEMENT OF INTENT - Page 1 savings resulting from the Competitive Action Plan occurred during the test year, TU Electric proposes a negative adjustment to the test-year cost of service in the sum of $101 million to reflect the net savings that it expects to realize as a result of the Competitive Action Plan. Savings in costs from TU Electric's fuel- supplying affiliates that are expected to result from the Competitive Action Plan are also reflected in the proposed fuel factors. These cost reduction and efficiency improvement efforts have kept the amount of rate relief required to a minimum level that will avoid undue hardships on the customers, keep TU Electric a competitive, low-cost provider of electric service, and, over time, provide for the restoration of its financial integrity necessary to assure the continuance of a reliable supply of reasonably priced electricity. The rate relief sought herein is required principally because of the need to include in rates the costs associated with the commercial operation of Unit 2 of the Comanche Peak Steam Electric Station and the investment made after June 30, 1989, in Unit 1 of the Comanche Peak Steam Electric Station (the majority of the investment in both such Units having already been found, by the Commission to have been prudently incurred) , the need to include in rates the substantial increases in state and local ad valorem taxes enacted since the current rates were set, and the need to include in rates the costs associated with certain post-retirement benefits due to mandatory accounting changes. The rate increase sought hereby is the minimum rate, relief required to maintain TU Electric's financial integrity ,and to PETITION AND STATEMENT OF INTENT - Page 2 permit it to attract the capital necessary for it to continue to fulfill its public service obligations of providing reliable electric service to its customers at reasonable costs. Moreover, the rate increase sought hereby is the minimum rate relief required to permit TU Electric a reasonable opportunity to earn a reasonable return on its invested capital used and useful in rendering service to the public over and above its reasonable and necessary operating expenses. TU Electric, in accordance with the Commission's Substantive Rule 23.23 (b) (2) , is requesting final reconciliation of its fuel costs and fuel revenues during the period July 1, 1989 , through June 30, 1992 . Those fuel costs were reasonable and necessary, and resulted from TU Electric's efficient generation of electricity and its maintaining effective cost controls. Additionally and in accordance with that Substantive Rule, TU Electric is requesting that revised fuel factors be authorized reflecting TU Electric' s known or reasonably predictable fuel costs and kilowatthour sales for the period from July 1993 through June 1994 . II. This Honorable Governing Body has jurisdiction over TU Electric and the subject matter of this Petition and Statement of Intent by virtue of Section 17 (a) of the PURA. III. In keeping with the provisions of Section 43 (a) of the PURA and in order to assure the timely availability of the needed rate relief in the event that this Honorable Governing Body suspends the proposed effective date of the proposed rates, TU Electric proposes PETITION AND STATEMENT OF INTENT - Page 3 5e -5 that the proposed change in rates be effective on February 26, 1993 . IV. The proposed revised tariffs and schedules are set forth in Volume XI of this filing and statements specifying in detail each proposed change are set forth in Volume XXV of this filing;. V. The proposed changes are expected to increase TU Electric's fully adjusted test-year operating revenues 15. 32'%, or $760,253 ,740, which includes the effect of the proposed reduced fuel factors. The test year upon which this Petition and Statement of Intent is based is the twelve-month period beginning July 1, 1991, and ending June 30, 1992 . VI. 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 changes. VII. Attached and made a part hereof for all purposes, in twenty- five (25) volumes, numbered I through XXV, is a complete rate filing package setting forth such other information required by the Commission, including testimony supporting the proposed changes in TU Electric' s rates. TU Electric is also filing with the Commission four (4) volumes, numbered I through IV, of non- voluminous workpapers associated with the rate filing package schedules as required by the Commission' s rate filing package instructions. Those workpapers will be supplied to this Honorable PETITION AND STATEMENT OF INTENT - Page 4 Governing Body on request. Workpapers associated with the rate filing package schedules that are voluminous are at an Austin Voluminous Room located at 3307 Northland, Suite 320, Austin, Texas 78731, or, if they qualify for such treatment under the Commission's rate filing package instructions, at their normal repository. VIII. Virtually identical Petitions and Statements of Intent (together with all pertinent information filed herewith) are being filed with the Commission and with the appropriate officer of each municipality that exercises original jurisdiction over TU Electric' s rates, operations and services. IX. The business and mailing address of TU Electric is: Texas Utilities Electric Company 2001 Bryan Street Dallas, Dallas County, Texas 75201 TU Electric' s business telephone number, including area code, is: (214) 812-4600 TU Electric' s authorized representatives are: Ronald D. Keeney Director of Regulatory Services Texas Utilities Electric Company 2001 Bryan Street, Suite 2100 Dallas, Dallas County, Texas 75201 (214) 812-2778 and PETITION AND STATEMENT OF INTENT - Page 5 L5 7 Robert A. Wooldridge J. Dan Bohannan Robert M. Fillmore Worsham, Forsythe, Sampels & Wooldridge 2001 Bryan Street, Suite 3200 Dallas, Dallas County, Texas 75201 (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 in this proceeding should be served upon Mr. Wooldridge at the above-stated address. WHEREFORE, PREMISES CONSIDERED, TU Electric respectfully prays this Honorable Governing Body to approve and authorize the changes in its rates proposed herein and to grant and award such other and further relief to which TU Electric may be justly entitled. Respectfully submitted, WORSHAM, FORSYTHE, SAMPELS & WOOLDRIDGE Robert A. Wooldridge State Bar No. 21984000 J. Dan Bohannan State Bar No. 02563000 Robert M. Fillmore State Bar No. 06997320 2001 Bryan Street, Suite 3200 Dallas, Texas 75201 Telephone: (214) 979-3000 By: Robert A. Wooldridge ATTORNEYS FOR TEXAS UTILITIES ELECTRIC COMPANY PETITION AND STATEMENT OF INTENT - Page 6 fie- F RESOLUTION NO. (i3 2D A RESOLUTION SUSPENDING THE PROPOSED EFFECTIVE DATE OF THE PROPOSED RATE SCHEDULES AND SERVICE REGULATIONS OF TEXAS UTILITIES ELECTRIC COMPANY IN THE CITY OF SOUTHLAKE, TEXAS; PROVIDING THAT THE RATE SCHEDULES AND SERVICE REGULATIONS OF SAID COMPANY SHALL REMAIN UNCHANGED DURING THE PERIOD OF SUSPENSION; PROVIDING FOR NOTICE HEREOF TO SAID; COMPANY; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQU I RED BY LAW. WHEREAS, on January 22, 1993, Texas Utilities Electric Company filed with the City Council of the City of Southlake its Petition and Statement of Intent, together with its rate filing package, proposing to change its rate schedules and service regulations within the corporate limits of the City of Southlake, effective on February 26, 1993; and;, WHEREAS, in order to allow sufficient time for the consideration ',,of the voluminous data filed by said Company, it is the desire of the City Council to suspend, pursuant to Section 43(d) of the Public Utility Regulatory Act, the proposed effective date of said proposed changed rate schedules and service regulations for a period of 90 days from February 26, 1993, such suspension being in the public interest. NOW, THEREFORE, be it resolved by the City Council of the City of Southlake, Texas: L The effective date of the proposed changed rate schedules and service regulations of Texas Utilities Electric Company is hereby suspended for a period of 90 days from February 26, 1993. 1f• The rate schedules and service regulations of Texas Utilities Electric Company within the City of Southlake in effect on January 22, 1993, shall continue in force, during the period of suspension as provided in Section I hereof. j III. I The City Secretary is hereby directed to deliver a copy of this Resolution to Texas Utilities Electric Company promptly after the passage hereof. SL\ctcctric.res -1- 4 5it • • IV. ki It is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public and that public notice of the time, place and purpose of said meeting was given, all as required by law_ V. This Resollition shall be effective upon passage` il. PASSED and APPROVED this day of February, 1993. I, Mayor, City of Southlake ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFI4ECTIVE: ii F. • SI.Nelectric rd -2-• r; -. City of Southlake,Texas MEMORANDUM January 27, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 92-68 Site Plan / Magic Mike's Convenience Store REQUESTED ACTION: Site Plan approval for building permit for Magic Mike's Convenience Store and Gas Station, being a 0.83 acre tract of land out of the L.B.G. Hall Survey, Abstract No. 686 and being a portion of Lot 4, L.B.G. Hall No. 686 Addition. LOCATION: Northwest corner of North White Chapel Boulevard and F.M. 1709 (West Southlake Blvd. ) OWNER: PIMA Properties APPLICANT: Mike Farhat d\b\a Magic Mike's Convenience Store CURRENT ZONING: "S-P-2" Generalized Site Plan LAND USE CATEGORY: Mixed Use (Commercial and/or Residential - no Industrial) BACKGROUND INFO: The applicant has requested a building permit to construct a convenience store, gas station, •and car wash. NO. NOTICES SENT: Nine (9) RESPONSES: None P & Z ACTION: January 7, 1993; Approved to table and continue the public hearing until January 21, 1993. The Commission expressed concern regarding the architectural style of the proposed building and its incompatibility with Crossroad Square's design. {City Attorney Olson addressed the Commission on the parameters of their involvement with architectural design during the public hearing on January 21, 1993.} P & Z ACTION: January 21, 1993; Approved (6-0) subject to the Plan Review Summary dated January 14, 1993 and per the exhibit presented during the meeting which showed the carwash relocated to the North property line to allow stacking of cars on site. STAFF COMMENTS: Attached please find the Third Plan Review Summary dated January 28, 1993. tiPk KPG 4 I kIC ��E ,6°1( V , 1 313 LianKInf`9 61. C6�IVL r 2c CpUM U 1 A A .t:no.cr .-xw A u 13 Z1'is,. ill iI -- 2F �,V i'y{{l 2E1 X UA 11 Ica >AZ 4/0' I 3C 1u Rp I 28 n : '4� 44 1,5 ilk 3B1 2c2 X, 91) Vail% I AD • T,0 JA A_Ae Efl If EC !D E031 BL IEC1 ; ?Of. ale YU -3.1t 1 0° ST 0 �ijV' may/ r I-A , !1� 0'11 t I°C' ADD THO '"n n,r. ! -ir iiR2 7 t•o 101 qtl. vi 'T dA1..1 S,AOCT ,I, �, 1,8 pA•MQ IA EA11 Mat M EA6A1 M12 t p E66 I 1E1 I IF 232 - IA tIE EA0 A A I� A= es3 II -1(r/-- - : -��'a t , :T: , �Z .J1U✓ isa f1au 5b # o9M15 881c I r ' ��.i M10 16 ,I - ,1 MI 9A C11E � 1.AAA , I II ,tF OB 10 I. W, I 34 i ,1D 1111/= '� I IV Nrw HALL 11y� %V.� 1\Raft ikk 4 • A-‘37 11A2A '11A B •csglrEi I., I ,,, �1 iii nA2" 1 - £ »c ----- aIIM .. _I �A,A.F B 11 F*,k 1' !.. M A L PA MIA 81 .3C Y 301A .+.ti a-11/5-2ci- 201 1[ I 1 , is ,Q 30c , . g ytl ins IC2 lip 1 I pi 14.1110 I an 3B4 IC 0,, ~ i 341 $3 s.. 3 rI�s; --1437 tl to a.0 68,A , • �I �`�1� 1 t' -- A1 ingp w I,x * 2B 2 SA ,,_ SF SE SO SOt S02 - x3A .�: _ 2 �11 X _• `gi �,r NOD�11 f sos DILL rib*: ,„ itr... _ - $. y En • 9,01 AE3AIt M.AR.111 to �.1 12 1r .11:ANE ....,,____\\ • �kiii.n ,� ,,. LOCATION MAP,, it' �SA �x ---- :!► :,lf, • HI1 1QGL�]t QW0[3km TR 1E + in r 7.31 AC EMERALD 1 BLVD III TR 1C1 1.0 AC 1R TR 1C2 6.0 AC - CI City of Southlake I 2 N II 5 "CS" p,M ATE ' OS - 9 . Coons C A" 8 Crossroads Square LTD 4t4 A9� O ` �o/ ' � ,� / RILE 1st American "S-P--2" TR 1C Savings Banc. 9 22 @ ��S7 1 709 / TR 1C3 _ ` 8 i•artners ; 5. 16 AC i' i 5 - "S-P-2" A 6A "C-2" i .722 @ TR 3B TR e' ! i _807 @ 1.266 TR 1C4 :65 @74' �� '. SIIRi STATE OF TEXAS — — „s TR._s A-6 ' T_71ip 1 SOUTHLAKE gLvO -- -- _ i:-: TR_1A 1.0 AC $ TR i .78 AC 1 .em. 0 4 ®,.. • Jackson, A.R. "0-1" Pleasant H1411 Ad . Chr sti "CS'.' lyl TR ,,�® Y, SA il AC TR.3C w $ 13.11 AC Lechler, G .• s t'0-1" x TR 3C 1 1'E • !.Q AC s H I ,,; ADJACENT OWNERS & ZONING TR 5G TR 301 " ( '["lv� 9.5 AC 3L I n, 1.0 AC V 1 AC AG g3 i 2 yti -3 l 1 . City of Southlake,Texas SITE PLAN REVIEW SUMMARY CASE NO: ZA 92-68 REVIEW NO: THREE DATE OF REVIEW: 1/28/93 PROJECT NAME : Site Plan - Magic Mikes Convenience Store Lot 4, L.B.G. Hall No. 686 Addition OWNER/APPLICANT: ENGINEER/PLANNER/ARCHITECT: Mike Farhat John Taylor 6001 Airport Freeway 3212 Mary Ann Drive Fort Worth, Texas 76117 Fort Worth, Texas 76119-6626 Phone: ( 817 ) 831-8460 Phone: (817 ) 535-3822 Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLAN RECEIVED BY THE CITY ON 1/25/93 AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT GREG LAST AT (817 ) 481-5581, EXT. 744 . 1. Show existing spot elevations at the edge of the pavement on both existing drives . Show additional proposed spot elevations at property line intersections with driveways . Proposed contours do not meet existing contours in northeast corner. Label spot elevations in F.M. 1709 as "future" if this is the case. 2 . Show culvert under drive at F.M. 1709 if this drive will be installed prior to completion of the highway. Grades along the west edge of this drive are too steep to be practical . Future grades on F.M. 1709 may be raised considerably at this point. Confirm that the slopes for the driveway to F.M. 1709 will not be excessive in the future. 3. Show proposed roadway and drainage improvements for F.M. 1709 and White Chapel . * Upon further review of the bufferyard ordinance, bufferyards are not required along a lease line. * Landscape and irrigation plans meeting the requirements of Ordinance No. 544 will be required prior to the issuance of a building permit. * All signs and culverts must be permitted separately. Proposed improvements within State R.O.W. will require SDHPT approval prior to issuance of a building permit. * Denotes Informational Comment cc: Mike Farhat John Taylor I r/,' 'q"Y//, 11...............7) ri _� •lufZ sl 3 - . LAT Im ba1111 L A•It. 1. (is 11.9)- F Ij`,..• I I —— — Bxl -Taiga 1! -',".E. L•c��a r,A I -_ DRI •I' --_:--_ - -� j. LOCATION MAP r:BO`r,§'GB s I \ \ ~/Feair --- I • • II'I,• UNDERGROUND GAB TANKB \ 32' \\ . .S.'''''. • !•BTINO • .q1y• lx1B N FIR! HYOFiANI it 1 1 ICCCCC�I��\\\ / II f1• 1O•BUFFER YARD TYPE•A• ,N?y I t1/ 1 Z `WATQR MET! ,..,.,.., .. .. I t1Ps� 11 `11 `I5 \IXWAT R M rG1 • 11 N 12I W F0g IRK, ATIa'. OWNER PIMA PROPERTIlB II 1I 19 W ZONING.BP-Q C. /^� (FOOD LION STORE) f ''O O 11 j1 1 0I Z 11 • / M/•'.r - I.O•�-2. Lu.D.•Mtx[o u5E '.o9•g° de,' % O , -� I S u pl r /' CO r �} i ; I FROr0LD ••SANITARY BOWER G• 1.0 I = 5$O Cf. V. 0 N ..I OQO�Q,� - �eG'HION CANOPY a -.n Wh OUMPBTER W/B'.O•WOO• . QPJQ"$ Ft�GI 4Nri uNoc�� (0) a -1 SCREENING PENCE.or. COs OR .T1' �//1 �NQPY /'• 'Z• (� ... P T � , ��'� [x �'NSL l I F ' • V 51 BUFFER YARD\PE•A• / Irn If • `2'v''� /.}GAB PUMPS I\ Q 16 %)(11. li0e. A. ' Y. ,o'..d uTILI ''(1 \\\\ 1.� ;1 ? • ,o '.`. �4 Anz.co I.I Fa.SE1-tR } \ \ \� / A O 1� Q l'i- '1l F 6 I • 014\® ® > °- ( EP'p0 I , 0 \I 2S1.0 DuPfLC7A[v''A' W' Pro PPG Os. G°Pv 1 I ' f pPa 1.plc a0,f O 5' GR1BB^� I 0 / I ,�Y. rJNIKN rl Gpc4 B 1. _ __._ -_I J I J0 r• I C51 C,Owc.RL 11 m ,L- I /OWNER PIMA PROPERTIESi m I I (Plf"IA rKpP LLlkS� p O�q``, B 14 O TBXACO BION/� ZONING •BP-a• l W I ,pr BU=1_OIN[LINE'�� L.V.D..HIX\v lw 4. I 01� _ I - __�- ....--_-___ _. _ �S I \G'LA , j --- r gp_43.43•W 103.11' _ �P- - m I } - m t. QGG.Q B' - 'B-BT' I , • • I m UTILITY lABCMCN7- ` .11 -10'BUF BR YARD TYPO•t• _� �-- G•yj9 171 I •• ft•x94•1.79 ID'1•o Ta 55,41' I 7 91.6�1 I L..• ,ST./- 'rdu I Lc.. S b1.09'3'.X L1 '• 70,az . 143.21' sw 4d G411v.--� I (ASI'NALV I X Dc...ei r PLANN6O __11 ORI V E�7, I I ` 40a T N. LNo cuRe —1' T1tAFP1.•LI GNT> y . --- ) /� SOUTHLAKE BLVD. (F.M.1709) , ' I9.v' Ao.J = -( —_ 7 -14A-t- 3 2 55 Sq FT, se p-r. ( 12 Br ) M L 1-- A lrc A -7 S sq. T ( 2 M ,ca�o N izY Af2. -A 2 I t3,7 ( %) f :o I _ O SCUT- T ION - riw rIAN4ARD P. 551 CQ CRl.M)n.DC.L..D,G�OS./. O 0 g J w WEST v TF®N eEr Y,4Tf®N Y1 IL ' yt, T1r•W.D9hq� rm"-W WCI —3uTT7m 11 r POLAJ Drti-VTD NORTH B v,iT I \,1 9 I II S k • iI —0C.. INTE-R AL' � Ltca l-rT rp (RIM Cobol . LAc . gib I N NTs . ?A -7 City of Southlake,Texas MEMORANDUM January 27, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 92-69 Specific Use Permit / Magic Mike's Convenience Store REQUESTED ACTION: Specific Use Permit for off-premises package beer sales for Magic Mike's Convenience Store and Gas Station, being a 0.83 acre tract of land out of the L.B.G. Hall Survey, Abstract No. 686 and a portion of Lot 4, L.B.G. Hall No. 686 Addition. LOCATION: Northwest corner of North White Chapel Boulevard and F.M. 1709 (West Southlake Blvd. ) OWNER: PIMA Properties APPLICANT: Mike Farhat d\b\a Magic Mike's Convenience Store CURRENT ZONING: "S-P-2" Generalized Site Plan LAND USE CATEGORY: Mixed Use (Commercial and/or Residential - no Industrial) BACKGROUND INFO: The applicant has requested a specific use permit to sell beer for off-premises consumption. NO. NOTICES SENT: Nine (9) RESPONSES: None P & Z ACTION: January 7, 1993; Approved to table and continue the public hearing until January 21, 1993. January 21, 1993; Approved (6-0) subject to the Plan Review Summary dated January 14, 1993. STAFF COMMENTS: Attached please find the reduction of the Second Concept Plan and the Second Plan Review Summary dated January 14, 1993. KPG City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY CASE NO: ZA 92-67&69 REVIEW NO: TWO DATE OF REVIEW: 1/14/93 PROJECT NAME: Concept Plan - Magic Mike' s Convenience Store Lot 4, L.B.G. Hall No. 686 Addition OWNER/APPLICANT: ENG/PLANNER/ARCHITECT: Mike Farhat John Taylor 6001 Airport Freeway 3212 Mary Ann Drive Fort Worth, Texas 76117 Fort Worth, Texas 76119-6626 Phone: ( 817 ) 831-84601 Phone: (817 ) 535-3822 Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLAN RECEIVED BY THE CITY ON 1/11/93 AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT GREG LAST AT (817) 481-5581, EXT. 744 . * Bufferyard 'A' shown along the west property line is located in a common access easement. Previously the council waived all bufferyards in the common easement on adjacent Lots 2 and 3 . * Upon further review of the bufferyard ordinance, bufferyards are not required along a lease line. * The applicant appears to have met the requirements of our previous review. * All signs and culverts must be permitted separately. Proposed improvements within State R.O.W. will require SDHPT approval prior to issuance of a building permit. * Denotes Informational Comment cc: Mike Farhat John Taylor Mrr//* -- I rj • 111/- --- I LCtATIa• SOU1/1LA4- I [L.n It.xq)" ( I I �._..,� = I"E.-U-Arch __ pg..) E-. ,• -- .—_ -• I LOCATION MAT I - .! —• I 111---T �Ou.1177-B•� I 1 y\ \ • �f(!e.H�r \.'•, y UNDERGROUND BAB TANKS \ ae,\\ I- [X10 N FIRE HYDrA NI fl \ N 41 II. \D t . I rE aro o I BUFFER YARD TYPE-A• `y-N? '� �,I. ,II'`\I j nIN WATER METH • ......... .i .. / l,IP, \ I I 'II 1 I 'I•wA'T c N TLIL OWNER PIMA PRop ERTIGB ' �' II II 1it ZGNINGI BP-B `O I9 q 0 II I � • Imo{ (Foot, LION -OTO KO c h� 1 \_:'l %al , ID Z q ' I I A.� L.,:4-z 4.J.D.•mix6°ur; ;�y ea' IN 0 J S I I /� �y 0 Q 3 YRp,.ObLO ••SANITARY SEWERIP.�, /•A oQ°�£�� I a N 0. QO'NIGH CANOPY '44,i1111 OUMPBT6R W/B•-O•IND°. Y• AI4'� t^�/L_L14NT•� SrIG[>= � -1 • SCREENING�[NC[.1-t� - . G°,°P6 yI• /l �A'NQPY' •x' 0 e=ccitO� S F�'+T / 400 s OR"i 1112 x .Sa.i U n7 I r .p V N 51 BUFFER YARD TYPe•A• j P,o�• 4 7 f h /,{GAB PUMPS �- 0 411 1 ir 1.. 10!:/k9,, W • o'.d TILT �, fv44:,..... . • ,oO Ans..LD + dfcaSEMIR^{-\ \ \\ ( ,kFc' t •N G Q q I O f ' \\ O P+f O O 00EPO O 0u.I _ 2S.6 4 1 4x10 IKL. i c e d O® o,. I ). atu{I7�t .wa f f u \ND f`SE01 E ,rb I I I 4 I ; wrrLC�'p6o"q I J V • E`•. A DO ' �/ `PEP °,`Ot✓` EO'`P Q© S[ _._ _ GRIMM^� : / I L ---OWNPIMROP¢RTI[BI y I 7Gr BUn- __..0 lJN¢•i�� •� ON Y O T[XACO pIDN L.6.D.•7y1s/iD usb 1 ar ��• 1 I •- 1 •aIN -•-.-- - !gp_4I'43•w WO..�• tn-_ ....___ L eau.q 0• . o ,e_er I �. 1 BM[NT- • `�.� sjlrl •-t0'SUFIER YARD TYPE•[• — •-( 10,UTILITY BAB J-`- I T• 55,41' A • Ibl.)z' I f I I T • .11./.i 1 Lc.•SOT vi'r0•U iL.L.• S b3•01'3r'IJ TG.Bz 143.VI' EW AD O,IIVH--t I LR1�71N4 5•.'..0I 7G• •�� ,• '¢IY� I PLANNED ``11 ORIV[- .) • I / I `NO CURB lI>TI u TRArl1..uc.•NTS ��.1� l JI • SOVTHLAKE BLVD. IF.M.2709J I 13.G' ZaJ � fI Jr r City of South lake,Texas r RESOLUTION NO. 93-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR THE SEE1? ON A TRACT OF LANDmmmmWITHIN THE CITY OF ............... ............... SOUTHLAKE, TEXAS, BEING DESCRIBED AS 0.8 <:::::�: �fiiG�' �� 'sFig, .�Eliir� �EGALYrY •f:}�,'.'�t:R��EI� A� .Xi .'::,„,�....z.A :.::.:Ok'.:;;,:LOB`;::;.::::..:: .:.;:.;:.::;lC,�.;;; : �G.:::::::::i:A .:::.:: ?t::M:::.::.;.iwi AthDITI N;.........AN.U........MORE ....FULLY..... IlAv. COMPLETELY ............................: ia .............................. DESCRIBED IN EXHIBIT "A" ; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for the gale '> '>< kff "' u 'e z.packag li has been requested by a person or corporation Navin a ro rietar interest i•n the " .....p.......p.......................Y... property 0#14: >:<:>: :::: `:>::>: ;»»::w.,x h<:::;c :r aa4 :C:-3 :'::»:::<Ll ::::>:: # t described in Exhibit "A��..:.attached.............e...:::::.::::..:......:::::..:..:....::......... ......................... h reto, and, WHEREAS, in accordance with the requirements of Section 45M= :�(1>'' of the Cit 's Com rehensive Zonin Ordi :::.::�.:::: : ::.:::.;:•::.::::::::::: Y p g Hance, a Ecction 3 0 Ordinance No. 311, ac amcndcd, the Planning and Zoning Commission and the City Council have given the requisite notices by publication and otherwise, and have afforded a full and fair hearing to all property owners generally and to the persons interested and situated in the affected area and in the vicinity thereof; and, • WHEREAS, the City Council does hereby find and determine that the granting of such specific use permit is in the best interest of the public health, safety, morals, and general welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: SECTION 1 A .Specific Use Permit is hereby granted for the premises.;:::packaged,:::>bee on the propertydescribed in ; h >»»;;>:;:: : attached• hereto, subject to the provisions contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following specific requirements and special conditions shall be applicable to the granting of this Specific Use Permit: 1. 2 . I Resolution No. 93-16 Page 2 SECTION 2 This resolution shall become effective on the date of approval of the City Council. PASSED AND APPROVED THIS THE DAY OF , 1993 . CITY OF SOUTHLAKE By: Gary Fickes, Mayor ATTEST: Sandra. L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas 93-16.RES/ORD/kb City of Southlake,Texas MEMORANDUM January 27, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 92-74 Rezoning to S-P-1 / DalDen Corporation REQUESTED ACTION: Zoning change request for 6.3725 acres situated in the R.D. Price Survey, Abstract No. 992D, Tract 22. One-hundred percent (100%) variance to the masonry requirements of the "I-1" district which states that any exterior wall(s) fronting on any street shall be constructed of 80% masonry materials or glass. LOCATION: Northeast corner of T.W. King Road and Bob Jones Road (4285 , T.W. King Road) OWNER/APPLICANT: DalDen Corporation CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "S-P-1" Detailed Site Plan District LAND USE CATEGORY: Medium Density Residential BACKGROUND INFO: Annexed into the City of Southlake in 1988 with the present use NO. NOTICES SENT: Five (5) RESPONSES: None P & Z ACTION: January 7, 1993; Approved (7-0) applicant's request to table until January 21, 1993. January 21, 1993, Approved (4-2) subject to Plan Review Summary dated January 15, 1993, amending items #3 and #8 and recommending approval of the 100% masonry variance. (Staff recommended adding "and drives" to item #8. ) January 14, 1993 Review Summary "3. Bufferyards are required as follows: North - 10' Level 'F2' East - 10' Level 'F2' South - None * West - 10' Level 'D' ** * Table Two on page 42-8 does not address 60' R.O.W. ** This assumes that T.W. King is a residential street because of Trophy Club Estates and the fact that T.W. King is not a collector North of Bob Jones Road." gc - I Curtis E. Hawk, City Manager ZA 92-74, Rezoning January 27, 1993 Page Two "8. Please add the following notes to the plan: - All parking and drives shall be of an all weather surface material." P & Recommendation "3. Bufferyards are required as follows: North, East, South - 10' Level 'F1' with eight (8) foot wooden fence Delete Bufferyard 'D' along T.W. King Place all bufferyards at the time of initial construction. "8. Adding "and drives" to item #8 per Staff recommendation. STAFF COMMENTS: Attached please find the Second Plan Review Summary dated January 28, 1993. Please note that the applicant seeks variances to the bufferyard requirements and has petitioned the Zoning Board of Adjustment for a variance to the thirty foot (30' ) front yard requirement along T. W. King and Bob Jones Road. The Board will review the front yard variance on January 28, 1993. AW- KPG 8c- z DalDen Corporation "S-P-I" Detailed Site Plan Notes 1 . This is an existing business which has operated on this site since the early 1960 ' s . The company has operated as Western Company, General Texas Corporation and for the last four years as DalDen Corporation. 2 . The City of Southlake annexed this and surrounding properties in 1989 , and placed them in the "AG" Agricultural zoning district. This zoning application and site plan for "S-P-I" is to change the zoning so that it accurately reflects the existing usage of the property and provides for the orderly improvement and expansion of the business . 3 . The DalDen Corporation is in the business of contract packaging of various products . The following is a list of the types of products DalDen has packaged and the processes they have used. a. Liquid product filling in all sizes from 1 fl . oz . through 55 gallons b. Powder packaging from 3 oz . through 55 pound bags c. Production blending of liquids d. Production blending of powders e. Hot blending of products f. Production assembly requiring hand and machine operations g. Production welding, brazing, and soldering h. Production painting i. Production sewing j . Production heat sealing of plastic k. Production silk screening 1 . Production printing m. Packaging of items for Commercial and Government use n. Light metal fabrication o. Plastic extrusion or blow molding Using the above listed processes, the following products have been previously produced and packaged. ( 1) Decontaminating agents for government (a) Powdered/granular Dry blending, laboratory testing, packaging, silk screening, dust control procedures LE fp! nr:177, • • p �rN�1 (b) Liquid Liquid blending, heating, cooling, laboratory testing, filling cans and pails, sealing, production welding, induction soldering, cleaning containers (paint preparation) , production painting, packaging, silk screening, hand assembly, palletizing (2 ) Carpet cleaners, floor Liquid blending, cleaners, floor strippers, laboratory testing, waxes, polishes filling plastic bottles and pails, silk screening packaging, palletizing (3) Paint removers Viscous liquid blending, laboratory testing, filling cans ( 1 pint - 1 gallon) , packaging and palletizing (4) Paint thinners, solvents, Liquid blending, brush cleaners , etc . laboratory testing, filling metal cans ( 1 pint - 5 gallon) and plastic bottles . Labeling, silk screening, packaging, palletizing (5) Commercial automotive Liquid and powder products such as acids, blending, laboratory wire wheel cleaner, testing, filling metal whitewall cleaner, car cans, plastic bottles wash detergents, and pails, silk screen- brake fluid ing, packaging, pallet- izing. ( 6) Industrial tire sealant Viscous liquid blending, laboratory testing, filling plastic bottles and pails, filling metal drums, labeling, packag- ing. (7) Waterproofing compounds Hot blending, cooling, packaging in metal cans and drums, labeling, palletizing (8) Encapsulating compounds, Liquid filling in plastic cable splicing materials bags and metal cans, and kits assembly, heating sealing plastic, lab testing, packaging, palletizing, labeling, embossing, etc. (9 ) High intensity foam Blending, packaging, labeling, testing, etc . This "S-P-I" zoning request is to continue to allow all of the above listed processes and land uses, and to continue to allow for the production and packaging of the wide variety of products at the facility shown on this detailed site plan. The products shall NOT include any chemical on the current "Extremely Hazardous Chemical" list. (MISC) 910034/12-15-92/p.I of I/BLH:vh DALDEN SITE DATA SUMMARY CHART REQUIRED SCHEDULED PARKING PARKING LOADING SPACES BUILDING AREAS SQ. FT. CONSTRUCTION BLDG. /TOTAL PROVIDED REQUIRED/PROVIDED Existing Office 6, 081 SF 1961-1992 21 Existing Warehouse 22 ,588 SF 23 44 49 4 7 1 . Warehouse Expansion 4, 500 SF 1993 5 49 49 4 5 2 . Secondary Containment ---- 1994 -- 49 49 -- 5 3 . New Driveway & Covered Dock ---- 1994 -- 49 49 -- - 7 4 . Warehouse Expansion & Metal Bldg. Relocation 17 , 681 SF 1995-1996 15 64 70 4 7 5 . Covered Tank Area 2, 990 SF 1995-1996 3 67 70 4 7 6 . Future Production 14, 000 SF 1999-2000 11 78 85 5 9 7 . Future Production Building 14, 000 SF 2002-2004 14 92 92 6 9 Final Office Total 4, 625 SF 16 92 92 6 9 Final Warehouse Total 75, 759 SF 76 aG cl 1 FERAL NOTES: , . Gross Area of Property 277,586 SF 6 . 3725 Acres ROW Dedication 1, 869 SF 0 . 0429 Acres Net Area of Lot 1 275, 717 SF 6 . 3296 Acres 2 . Existing Dalden industrial facility property annexed and zoned "AG" agricultural, requested zoning "SP-1" detailed site plan for current and future industrial uses in existing and future planned buildings . 3 . Maximum height 35 feet, 2 1/2 stories . *4 . Front yard setbacks (on both T.W. King Road & Bob Jones Road) 25 feet (variance requested) 5 . Side yard setback .15 feet i �..•� ,---, -?i r DALDEN SITE DATA SUMMARY CHART - Cont. Page 2 6 . Rear yard setback 10 feet *7 . Variance requested for no buffer yards *8 . Type of construction: metal industrial buildings in conformance with existing buildings variance requested from masonry requirements (see photographs of existing buildings) - 9 . Driveway gates shall normally be closed 10 . Existing water service is from an 8 inch water line extended across T.W. King Road from the City of Trophy Club through an intercity agreement with the City of Southlake. The water meter and fire hydrant are located at the main entrance to Dalden. 11 . The existing buildings are served by septic tanks and septic drainage field shown on the site plan. 12 . Building coverage changes through the phased construction. o4 a. With the existing buildings - 10 . 4% building coverage, 89 . 6% open space C1 b. After Phase 5 Improvements - 19 . 0% building coverage, 81 . 0% open space c . After Phase 7 Improvements - 29 . 2% building coverage, 70 . 8% open space ii . The existing concrete pavement area between the three ( 3 ) existing metal warehouse buildlings is periodically used for outside storage (approximately 14, 000 square feet, 5% of site) . This area is planned to be enclosed in Phase 4 and outside storage will be reduced to the approximately 2 , 700 square feet concrete area between the covered loading docks . * Variances requested BLH/cjb ECI No. 910034 I /' I I U. S. Corps of .Engineers 1 I , l'IC _ Cox, D Holley, J Q qq - - "AG" "AG" CE N PR1 TR 7A n r 3.685 AC f] �U 9 "920 P� TR6 TR 7 5 AC I 35.854 AC ////////:// /) C 01 , U •Cw : 1 . i f,// /* Ems., ' I W I IO z 3 0 Gilbert, G H "AG" _ I I • qq9 16.32 AC TR 10 0 Pal E s AC O a I SU g9 0 TR 8 p I 4.43 AC is- s City of Southlake,Texas SITE PLAN REVIEW SUMMARY CASE NO: ZA 92-74 REVIEW NO: TWO DATE OF REVIEW: 1/28/93 PROJECT NAME: Site Plan for SP-1 Zoning Request - Dalden Corporation Lot 1, R.D. Price No. 922-D Addition OWNER/APPLICANT: ENGINEER/PLANNER/ARCHITECT: Dalden Corporation Everage Consultants P. 0. Box 1865 2630 W. Freeway, Suite 100 Grapevine, Texas 76099 Fort Worth, Texas 76102 Phone: (817) 430-428a Phone: (817) 429-7560 Fax: (817) 491-3809 Fax: ( 817) 429-9322 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLAN RECEIVED BY THE CITY ON 1/26/93 AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT GREG LAST AT (817) 481-5581, EXT. 744 . 1. Bufferyards are required as follows : North - 10 ' Level 'F2 ' East - 10 ' Level 'F2 ' South - None * West - 10 ' Level 'D' ** * Table two on page 42-8 does not address 60 ' R.O.W. ** This assumes that T.W. King is a residential street because of Trophy Club Estates and the fact that T.W. King is not a collector north of Bob Jones Road. 2 . Please add the following notes to the plan: - Note percent of proposed outside storage. - Height and number of stories of existing structures . 3 . Note 4 should read as follow: "All parking and drives shall be of an all-weather surface. Staff will require this of all existing and proposed areas with phase 4 unless directed otherwise. 4 . A 30 ' setback is required along both streets . (A variance request has been submitted to ZBA for approval. ) 5 . Construction schedule references do not match construction labeled on plan. * Although technically there would be four (4) loading spaces required for buildings 6 and 7 , the applicant has provided one more loading space than required for the entire complex. Staff does not have a problem with the loading spaces as shown. * All signs and culverts must be permitted separately. All drives will require culverts . * Denotes Informational Comment cc: Dalden Corporation �f Everage Consultants id • • • 1 6 1 f d hrAtr / �.:/r'^��L� d l�i BODED ,/ I - CVLIC D NOTES r errs tou11CW.. •::1 yyI.tntao I.«reamtm fl .I 41NU CLUE pa wL M F 1� It` yr w" S 89 27 25� ENe _4`551� ~7�� 2�- "/// ��y D'4 ""t etna a wos MO ru■s: �rrAne • y'D I ( -- s @s;;J '��. IS'REAR YARD SE TBACX ' �1� b _. r';11 _iLf:; 4 DEW �- .ems / =T - 1101.1=' Lj.. - l__ \ 40A.`• \ 'LAh? ,,i 9 ;Aim \ p t.rfI -- ':IrrLPi� °asn'1� • HII` INC -lirr ,i,.,J t GRASS, Q N)S. I I I '�AA� t, 1 1 \ <r /�10'REAR YARD SETBACK • VICINITY YAP • 1 1 -_[ r 1 I ♦ir I I f ./. 1 [=��: L- , nJ'E„RB \ LCGENO e ---b.00' .r'Ir• a,us { pR0 UCF(ON BUI1D - ® ..o+..m r (L) • " • ; pF Tf.f 1 • " ` ��t11 .{I1 , rwtn ]0 ,5 0 .10 60 I , '.': ..tit[-• `-,y. `(,J / , .+LN7, ...1 iI• , �. ..Ow..,P. I--�i i I •a lisi►• ' `- .._1J '...lit?' •. 1 Y SCKC FEET 1/ ! i, n�� t? SCLfr1 t:�_ E7OSTN/ ® ►�? - l r GFfl FL P ,r• r �.I _ : . . ._•- A O �. - -I. LEGERIPTON I - F 4..0 I rase... O• I� or...��i1,1 t/I�� II I+}•I Wl Nl Ig0.o°Q d 1 1/Y'PPP P./6.Iwl d N er J • R. . I e s I I lr �-, r `....tort Dui '% `r der•ULM.Vat a pot em M,M ea*.....d I I MI,.A,� '' ... .. 'Igi. L •U.1r w.MP PPP 4 COZAK EiYt Cam.t ate- I. I 1-•M� ° I I ASPHALT ..•. _.1 �•••••:�•••'--•• UAW .e.0 Ira.••••.m.Pe.•.I.area•..PPP d••API..P.e D. �11 salt PAVEMENT el N ALem•Nu.d N..w ApI ,.vey..•d AO Orm•M PI ■••A 1 .. ' '1'1& - I11[ - _._.- 1 �,�n..- -. :. I" . I c P.PI souk d I PM o» rr•M........9 e•w•P arm_ A.►r•w Mori _ -T • ,._ N'TURZ.'. I I %X.r.M I,Pc.711.O RD.C.r. rant w1 IJO..R 1«lb 1a N N ral PPPLei (. 17, 1'\I ' I d """"" .I./' 7 I I\ �� _ 00000 •` PRODUCTION 1� I c..d 1.w•IN,acoa..m...■ t '- �� 1� / II II1.lt ' 1.0eXKLOPO I'o+ I/A,1 `I ,. _i,_- 1 I� 1-",.'''.•'. .I 17X I Fl. J TOLD AC M1,60.L1IMAL race m 0?lYN'I ..N 0..l M.......7 P.UO.eo R. • ARE '••®"i i t♦000 SO• r• l•.yr'Mr. ./«. M.el N......1•.+d w OKOCA rat In CiL•.� /// w y O 1 1� wa u�PLAN-uma. x a Y Rtsrxxnu I_•, I ' } e If' - IJ.✓4'�y .y I ,1 I. . ..•AREA ) VFI �• ,rs < 1 / NLER• 1J1 m� ! ++ ,.�w 11 «w.r r d aw Oxoor 1«t u,.rr IL b•1?�wwa r.r M Iw � iIr'' lr ra.srl 1 I W_ I i`\ I l.�•C[t 7Yrf'[ •..0 rpl-d-wrr W �Rle r.YM....1...�I N I\ I'[-t' j l ®t(��"KM O' 'i1 11 R.IJ+.SIII i.;�� .r •�!+I1 I . R '\ ®I I .I R'I wr\y. CO j �66d •/ - � 11 2,SOD 54ft.. •�I l I1 Y /"s... s•, et....d r w,.: u A. .. ( E ` ' rr�� > >I c ttl tell r EZCONDSO CONTAp[IQN'T I i tloet WW2.'[...PM.■e«�I> Iearas IOW j1 1 .. -_A O'p 1 ........-. VI \ 231.1 na.a Ocsr mr.d.da A tit ors-`� . ... COKRCD •.I. w /� MCI, .rI W .lowy) n,.y,■• 1 -�1 �Vi�'•• 1Md 'I `1 �D ...N Y°As.4•l W•drl Mq N.......°Is ro'd M•. Pi. Y7,74' , II I EpSTNO [. aRCr j •••• - 1110 r jAMtOTI• I CCP7CRETE sNau ® a,r II HEAHLY . ..---._ M , I .....MEO 110rCt II•01 ••.a-'ryp-d-_.E .NQa a OW..C1LL►0 It.) II�D4,500 -rt. - PAVE •EHT !" '- Y N 1........ d Ixa....a..e•.�I++y 1.Jtrf..a d W a...rr t N g 1! • C. O 1SIa ffiATr310N D. U Nt :\ .w. ..e d■..e..Iw1 1r[n.oE w utd TL. I ii Z i lAxr eUII�1,10e SG.FI. EXISTING dETAl v1a0`, ((11 I \ / •I• 1 ® BUILDING /. \ COO twOE MR I� v .ETA- rn ' "'S° '� •In DALDEN CORPORATION [� Cp2.243 ".F, ,,•,rl"L''' Ass V to SITE PLAN FOR AN •S-P-1. ZONING REQUEST F. • Iso, NI 11 I t2.2��SQ.FI. p t.nd I} i \'I0 FOR I ' f 1'1 a�l - R.'I.. 0•{4MI� °- Iv) LOT 1 61 ��,� oo ��,� ANBIONRn. 1.• i R.C. PRICE NO. 922—D ADDITION II I FI — I BEING A e.3725 ACRE TRACT OUT OF THE ' t --_ yp`00/ vi—ie•axnwa EA<�--�---•----- --- pt-- — L_.( R.D. PRICE SURVEY.ABSTRACT NO. 992, P.O.E. `_ ___sr.•1 FENIZ_ C'9� R.O.W. DEDICATION �/' = I+- •I CITY OF SOUTHLAXE, DENTON COUNTY, TEXAS LY� _ea�_s`--_�'V�. s 21z-7 '- R /?p°Q��-Z1 �8E 41'SD'E -((�f_ '.•.: 'ne.zs' 'F DECEMBER 14, 1992 �YTL/�l�iILZT!(/! D747.-.lYiZC�J 4,.. /r w. N 89 09'36 W "- ..c_ 549.82' so, la*t■l. ' !-'��`• '_°°r��.�-__=:.t_- �� OYMER/DEVELOPER __ -—BOB-�dI� ROAD . --k-- - --•-• _--- --—-_-_ •-- - ,.•_(memo ao'R.o.■/ -- -`==fit t16 sa,tNwY—- ----— BALM DDRPGKATIOI ��77+E��NN7.��•q s6+ s•wnua�cw MSS q":::14q.liVERAG K.e.'[1 NT49.•. 4••••-------- IA.DCVCLCV40 w,.t..c PUPS llmpl L. h ,-y Ate-- •• •a Ka INS 1. t I .t., G , / 2OKD'AG.AYUCVLIVRAL IAA (11ls) 1 P.9 aC�I « '),ol.lOu I m_�A tNO uf(PUN-MEDIUM VASTY R[SOCNnAL IAA p1F)III_yq Iwv.(II r).r•-1Slo 841 ATM: BABY RUB,MCC PK K f0041 ORA1ION11 tau(ll r).99-9311 ICp IOCN OO1—`'?-1993 04:11Ph1 FROM SOUTHLRKE DPS TO 4815581 P.D3 VERAGE ENSULTANTS NKINEERS•PLANNERS+SURVEYORS January 27, 1993 City Council City of Southloke 667 North:Carroll Avenue Southloke, Texas 76092 Re: ZA 92-74 "S-P-1"Detailed Site Pica Zoning for DolDen Corporation Ea Project No. 91003,4 (Dear City'Council Members: The DolDen Corporation is an existing business which has operated at its present location at the northeast corner of T.W. King Rood ood Bob Jones Road since the early 1960's. DalDen is wanting to expend its employment, and improve and expend its existing physical facilities. This "S--P.-l" Site Plans zoning request has been submitted to plan for this growth in on orderly and systematic manner. The site pion shows these expansions within the existing property in seven (7) phases. Phases 2-5 ore improvements end expansions of the existing buildings and are anticipoted to be done within the next three years. Phase 6 & 7 are new buildings an The eastern portion of the site which would accommodate the ultimate space needs far DaWDen. This is o light industrial campus development with existing facilities which must be considered in the approval and upgrading of the site. On January 21, 1993 the Southloke Planning and Zoning Commission, after lengthy deliberations, had some difficulty in formulating a recommendation to City Council. We would like to briefly address the recammendctien: I. The revised Site Plan darted January 26, 1993 substantially oddresses all of the Comments made 1n the January 15, 1993 Site Pion Review, including the additional dumpster acc-ess from Bob Jones Rood(#11), odditlonal fire tones(#4), Minor drafting revisions(#1, 2,6, & 10) and additional notes(#7 &8). 2. The variance for a waiver of mastery requirements was recommended for approval, based +.l on the existing building facades and locations. 3. Regarding the requirement that "All parking find driveways are to be a paved all weather surface," DolDen requests that The word "new"be inserted to read that Mil new parking end new driveways are to be a paved all weather surface." There are 13 existing gravel parking spaces (located east of the brick office building) and a gravel secondary access drive(east and south of the 10,345 square feet existing metal building) which DolDen would like to keep and continue to use until the Phase 6 construction. 4. I3ufferyard requirements for this site are difficult because of the remoteness of the property from any Southloke development and the fact that this is an existing facility. The Planning and Zoning Commission recommendation was for at1 -1" f eryard with an eight foot (81 wooden fence an the north, east and south, and no bufferyard to the west. As stated in the staff review comments, no bufferyard is required on the south (along Bab Jones). The --l" bufferyard specifies a six foot (6') fence (not an eight foot fence). There is an existing six foot (6`) chain link fence with barbed wire on top around the entire perimeter of 2 O West Freeway,Seine 100■Fort Worth,Texee3 76102 w FAX(517)429-9322'Moro(817)42%-TV:0 ilC- 1 01-27-1993 04;11PM FROM SOUTHLAKE DPS TO 4815581 P.02 City Council City of Southlake Ea No. 910034 l-27-93-Page 2 the property. The barbed wire is needed for security reasons. As an alternative to the Planning & Zoning recommendation Cohen proposes the fallowing bufferycrds: o North cad East "F..l" Bufferyard; with the existing six foot (6') chain fink fence with barbed wire with metal skits added to provide a visual screen s b. West "i7" Bufferyard along T.W. King south at the main entrance to Bob Jones c. South,no bufferyard required d. Bufferyard improvements will be constructed with Phase 6. We appreciate your thoughtful consideration of this request, and we look forward to continuing to do business in The City of Snuthfake. Sincerelyt EVER GE CONSULT N •, INC. oei Barr} orr i • . , MCP Vice ' sdent,Planning are behalf of DaiDen Co porotian BLl-t/vb cc: Gary Reed, Dait I CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-81 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACK OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING <PR< .:.:..,.,:. .,::.V;,.,.., :` APPROXIMATELY F?>�� '�5 ACRES OUT OF THE � ;�! � �,?..:�.;.;,F:.;.:.45. k�•�X;t., Li <::<: NOWN:s ; : ........................................................................................................ FULLY AND COMPLETELY i� n �t""�:"Cis»:::'...:;...: ::'::.:.";::::::': ........... DESCRIBED TN` EXHIBIT A FROM " G .: AGR;ICUL R E DISTRICT TO S'-p :lt:;::: ICETAILED:>;>::SIT.�5:::>::P N:::»::DISTRICTS SUBJECT TO THE .' S ORDINANCE; SPE��:;•»:; �12�1�I�2�'T��:;.;::CZ7N'm1�TN�D �� mHI , CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a Pursuant rule City acting under its Charter adopted by the electorate to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the •City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned .................................................................... as ' ri u' u a� under the City's Comprehensive Zoning Ordinance::::::and :::::::::::::::::: WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of 480-81.S P I/ORD/kb Pagel Fr this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health and the general welfare; effect on light and air; effect on the over- crowding of the land; effect on the concentration of population; and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the City of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989 , as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Beingapproximately a 6..:.::............. :::::::::. .�:pp:::::::: ::::::. ::::::: y.::::........ �< �....acre....tract of land out of the ::::,Pr::.<c: :>::S:urirr::. ::>::::s<:;: ::.. t:...: :.: ::::>::::.:: »::>:::9; »::>::;...;..;: ;..::::>:::::;:::: ::>:::>:;;::. .:;:: ...,::;:tiff..:;. . commonl::.;:>< no.w.,z>:;<::as>:::.::4::8:2::a5.:>::>>fi:::::'ts�:::>::::i::I :zn. <:gq.:ad and more fully and Completely described . in Exhibit . "A" attached hereto and incorporated herein. 480-81.SPI/ORD/kb Page 2 le+1 From :••n':A M' IXitat1...t.....u..............:.....na: i:. 5•::::• } : r:..::: v:v : } :,:::::•:' ni•• ;:i The above-described tract of land shall be further subject to the :;:; development regulations set forth in the I.-l:,:;,:;_:::go 'Gl l: aria..:. District and any other restrictions and requirements set forth on the''approved site plan attached hereto and incorporated herein as Exhibit "B. " Section 2 . That the City Manager is hereby directed to correct the Official Zoning Map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3 . That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of' said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified and affirmed. Section 4 . That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morales and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid. undue concentration of population; and to facilitate the adequate water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. 480-81.SP1/ORD/kb / Page 3 C'( Section 7 . Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists Illiir the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2 , 000. 00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8 . All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affection zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both ,civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9 . The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provision, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3 . 13 of the Charter of the City of Southlake. Section 10. this ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of - , 1993. ATTEST: MAYOR CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1993. ATTEST: MAYOR CITY SECRETARY 480-81.SPI/ORD/kb _ Page 4 C'/.5 Illiirr APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: 1 480-81.SP1/ORD/kb 7j� lb Page 5 City of Southlake,Texas MEMORANDUM January 27, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 92-75 Plat Showing REQUESTED ACTION: Plat Showing for Lot 1, R. D. Price No. 992-D Addition, being 6.3725 acres situated in the R.D. Price Survey, Abstract No. 992D, Tract 22. LOCATION: Northeast corner of T.W. King Road and Bob Jones Road (4285 T.W. King Road) OWNER/APPLICANT: DalDen Corporation CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "S-P-1" Detailed Site Plan District LAND USE CATEGORY: Medium Density Residential BACKGROUND INFO: Annexed into the City of Southlake in 1988 with the present use NO. NOTICES SENT: Five (5) RESPONSES: None P & Z ACTION: January 7, 1993; Approved (7-0) applicant's request to table' until January 21, 1993. January 21, 1993; Approved (6-0) subject to the Plat Review Summary dated December 31, 1992. STAFF COMMENTS: Attached please find the Second Plat Review Summary dated January 28, 1993. Please note that the applicant has requested a variance from the Zoning Board of Adjustment for the 30' front yard setbacks required along T.W. King Road and Bob Jones Road. This application will be reviewed by the Board on January 28, 1993. ;/ KPG $p- l City of Southlake,Texas PLAT REVIEW SUMMARY CASE NO: ZA 92-75 REVIEW NO: TWO DATE OF REVIEW: 1/28/93 PROJECT NAME: Plat Showing - Lot 1, R.D. Price No. 922-D Addition OWNER/APPLICANT: ENGINEER/SURVEYOR: Dalden Corporation Everage Consultants P. O. Box 1865 2630 W. Freeway Grapevine, Texas 76099 Suite 100 Fort Worth, Texas 76102 Phone: ( 817) 430-4288 Phone: ( 817) 429-7560 Fax: (817) 491-38019 Fax: (817) 429-9322 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 1/26/93 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 GREG LAST AT (817) 481-5581, EXT. 744 . 1. Show owner' s deed record south of the R.O.W. of Bob Jones Road. 2 . A 30 ' building line is required on both streets . (A variance will be requested from ZBA for the 25 ' setback. ) * Please confirm location of survey line in T.W. King prior to running mylars . Previous staff mark-up was an approximate location. * Original signatures will be required on both blackline mylars prior to filing the plat. Also required are two sets of owner' s dedications and notaries with original signatures on 8 .5" x 11" or 14" paper. * Denotes Informational Comment cc: Dalden Corporation Everage Consultants SD -z, € E STATE a TEXAS x //jY\ STATE T XAS x g B,T:TDCAflON b 1�' No,Id sett lA6REAi DNDEN CORPOIATrON active q and through Ina unadd red. TROPHY CLUB• .W Jd.td Ao•a i Ha dly w,UarlaM eye 0 h the ode owner of a!root of tenor alluded In ON R.D.POLCC SURVEY.AeeVal Na 992 t/of DOM" arum dYp to the deed matted Y Vale.2361,Pogo 762 of theCORP.OF G %Ion Eamtr Deed Rxmda and being more Pot4Vledy aaevOed .I ENCINEEAS/ y/� I .�i�/ 11...F150 \\rr • BONG fokA6.3723 AMC TRACT Or LAND SWAIM N ENE ��A� I 7RAM IA 17..0 / \ R.D•PNCE SURVEY,ABSTRACT NO 99Z DENTON COtNTE TEXAS D1I / BENG THAT SAYE TRACT CONVEYED TO CALDER CORP.AS DE56dBED 44)lh DN VOL 2391,PG 782,DENTON COUNTY DECO RECORDS,SAR)03723 RE37., ii DAVID E COXACRE DAUER TRACT BONG HITHER DCSCf0BE0 BY METES AND TOMOS ---__ va lea A¢Is•.neDA. / ASrations:50 2! 0 100 BEGINNING of a 1/2'acme..Yen 61+found at ihf.outh.al coma I 1 // of.ea DALD01 trod.odd point d*e- the soft ...l coma of VICINITY MAP Ira I I SCALE FEET a 52.9)eve beet convoyed la QMRAL ITXA!COW.w anatel M / l can.w w ee y, ...me 1292.Rope e39,odd Ned moo.%cold print oleo LVN9 located Tn w.a.lnAl SCALE: 1"- 50' el the ellaa.etan or Oa m.0 np,1-al IN.of Ban xme Rood, a ovate right-al-way of undetami.ag.Adtn,old the poet 6 01-of-.ay +T w. Ilse e1 T.W.RN9 Road.O Puck rkmt-o1-.a/of caprd.65 R.1n.bin: __ 5 0927'25"E Rom said PONT a DEOM68G the ew(Moel damp of Let 1217. . Ntr� _ _ - __�.__T� _ \ Dopie O, 4.(0n.S.ctkn 10..odor.'to the riot 6.59f n e.. -_ri _ S oldY19! 'St'1 109,74.75f be.N 09 09.30'W,60.59 lore! �w �• ...en ,, ma N 00'N'1B'C.)1.7!feet 1 I e.mrr. J\\ 1MNCE N 007730'C e1N b4 fool 80 ft. UN I j •.nfm• +drat \S.[i�.� Ie a 1/2'cello Yoh pb fona a)tthhe tnorthwesst caner of add DALMN Pod. '0. 0 'NOCE S DE2725•E dganM void rppl-of-way Is,1 erel with the nap `fN boundary the o/cob DALDEN Vat,e31.72 R.to.tn•db,+ola Von land------ I ` al R•a norpoly natr+.a.f acme., I I .warn',- \\ 71000E S 30Y0'29'C dohuwM.Ip.aid DAIDEN DonOhy.1b63 R.le. §i n I2J0 . VT.w. I \ I/2'abnela ion pin land of H•eOHaly ndln out earns: O6 QI \ -Ili ( D , 1\ e4(400 fi 1e R61ari.l.001 p4I Iwq Yo l na1p,OW1000f7nr -�-- 1 JO I 7....... \ IM of BaD Jane Roo.odd pool Do9q pe.wlnpll comer el wY OAIMN 4ocl; Y -\ \ )1( • \\1\\ 11671Q R 11,E39.R dtn.910 Kill-.l-.00 h+o.540.82 N.(DECO CALL 530.00 FT.) e0. I I r1•r.r/n-msR �$ \\\\ Ooune In u.�man November.1992.07 CVERACEooCONSULTANTS of lend a•MC led rn 1M �¢ I is 1 a I..'! \\ \\ ------ 1 c 1 LOT 1 ,. ,\;\ 5.3725 ACRES GROSS \\\ 04 9 0.0421 ACRES R.O.R.OETXCA00N \ \ STALE 7IXA5 ■ 1i 1. \ \\ NOR'.7}KREf62E,KNOW All YEN DY THESE PRESENTS: OOIMTY Cr OQfiCRI +TI I Y I 5.3I//ACRES NET i I \\ \ by and Demgrn the eMeripled, BUCK VT-1M undaelyw cu..,m MN day de•anmy I 1 \\\ iNAT,DAID[N CORPORATION R [ \ RA ad/.pared pot%ewe ne.2 adaptLOTht enal of ftw� eapeow CARY REED.Noce Meddenl of Cow...0.d OalDen Cdaoalks. 1 ( po norm co0w dewped red depart known la me to a the poem ehw man.h 6n.eo.a to lne lor.gd 9 F •I \\\\ N0.922-0 ADOROR,en oddities to Ind City el 4allNa•a, 1.slee„0n.owl oc•nod.dgrd to me that he recorded Ina*erne to Ind \ \ !m C.nIR laraq and I do Neel Ndkofa le N.Mae.. p,.po...and 0 004 deed COld ...need,N M.Capadity perdu etoN, I I 1 TRACT I \\\\ use the OrM,oIC easemenla Y..thereon. and os ins act era dew of fob corporation. I �2 , Itlr ieI I -Mir C.NOLLEY R..l,ODOR vs- gITNESS my hold el S.INds,Denton Caunly.TexaspR 0vo asv.woo,my NANO AND SEAL or Orna m tin tn. cloy of 2R0. I 01 day 01 ,1992 .(992 • D I yi `\ �3 1 fg11 Commherp+..one. f}t( I Ib CARY REED.16CE PRESIDENT Or CPERA11ONS T. ,r ..Mk e. qR. .m. (Tor or ci pro aoRs vow) L_.___- ) -- A PLAT SHOWING OF �' your __ __LI; oRT ry. � -"°ID.:1 , -�N Bio9 W rye. .sr 0.8: BOB JONES ROAD +.W. LOT 1 n`t44�'• (0one art r R.D. PRICE NO. 922-D ADDITION POINT OF BLGINNING illi BEING A 6.3725 ACRE TRACT OUT OF THE R.D. PRICE SURVEY, ABSTRACT NO. 992, CITY OF SOUTHLAKE, DENTON COUNTY, TEXAS APPRPLLANNXXIic°.°raTDia6„G aCotmm EDN DECEMBER 14, 1992 TTII N To morn 19AI L aye.RID t0VIAa0•AI0110610 CHAIRYAII LA.mown"cr Tx owl or see.TurnIf NEe 4 AeoRaHpoe exc.N.1 KNK sorer a M .w` A.n nut XL 1nr cob.;Mae Mann um OWNER/DEVELOPER Ott SECRETARY TAN- �>TM W Ors r 9RA 3¢aNeO.T SDITS A M Gam1. ()ALDEN CORP0RA70N ,VERAGE \II.s RATLpat Moose Su 19DN1 PICM YwC II M a tem NY Ta6DTa,MO swlnvpa SCOT T.N.RING ASDRIVE 7 SWIHLAItE.TEXAS)6092 P.O.BOX 1065 ONSULTANTS J.N.lCD MUM.LMKIA QRAPCNM,TEXAS 70051 [NONEERS•RANNCRS•OJRKYCHS 10001 1.30RA901 R IRI YETRO(617)430-e26e op rAz (0I1)e91-3609 win i..a. i� ATTN;CARY REED.Ned PRESIDENT OPERA1O15 �'ce+i)•2-4004 2 D1 RAT R.CO FAN61-.66- DAM�_RAT RLV®.MIMI CQR0.16W r::1el;Ann•21-eve KC-2361.PAGE 762,D.R.D.CT. [aA910034 City of Southlake,Texas MEMORANDUM January 27, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 92-79 Rezoning Request REQUESTED ACTION: Zoning change request for 31.357 acres situated in the R. Price Survey, Abstract No. 1003-D4 Tract 1 and the H.A. Throop Survey, Abstract No. 1273-D, Tract 1 LOCATION: Southeast of Indian Creek Addition on Bob Jones Road, East of White Chapel Blvd. OWNER: F.D.I.C. , Steve Mundt, Vice-President APPLICANT: Tim Fleet d\b\a VLMC, Inc. CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-1A" Single Family-lA Residential , LAND USE CATEGORY: Medium Density Residential NO. NOTICES SENT: Fourteen (14) RESPONSES: Four (4) written responses: Betty Foreman, in favor Jinks Jones, in favor Michael Bailey, owner of Lot 16�I Indian Creek Addition, in favor Fred T. Johnson, 400 E. Bob Jones Road, opposed (letter attached to platting responses) P & Z ACTION: January 21, 1993; Approved (6-0) 'the request for "SF-1A" zoning. KPG ppiI{V / / / / / / / / / / / ,•/ / / // � Y�1�� t ♦ / / . / /'/ , / \ . .. 5A / /• / / / •' / // ./ // ./ .// t( / . --r---7 N 2 t. / 3 i1 "4111N, Foreman '�// • i//, • : IP; Johnson "AG" "AG" . / /♦ / �-- a - - - - 1.._ - - - - ailey f 140141100 GAg(1f• [� Q 1 '� Askew U.S. Cor.11 $s of Engin-ers �L.JI• T(1J�I q1�' A-1660 eek Pr.+; . H. �('�i zr. 6A S 4 3 • r 2 a10 Young Tucker "AG" 1 1� Willoughby (1 "AG" W. ��lS 3 I , 3 Jones (13) I SURVEY A—fps N 7 11 is Bohannon ( 6 • 14 1 3 6 121 @aHAFF4V 2, \ 4 I S 1 /PrvEY A—fl16 4 • \ • rrrnuii ' I a i!L„....„ $ g 6 p NE0� PRICE f � SUR A—IfXV I f1 /// / // ' • / / ; , ./ , USA , gE 3 /. / / /,', Ii / EXHIBIT "A' A tract of land situated in the R. Price Survey, Abstract No. 1003 , and the H. Throop Survey, Abstract No. 1273 , Denton County, Texas, being that certain tract of land conveyed to Crown Hill Trusts by Supplemental Deed recorded in Volume 1360, Page 915, Deed Records, Denton County,' Texas, said tract of land being more particularly described by metes and bounds as follows : Beginning at a 1/2 inch iron at the most northerly northeast corner o said Crown Hill Trust tract, said point being in the north line of said Throop Survey and the south line of the Wm. Phillips Survey, Abstract No. 1017 , Denton County, Texas, said point also being in Medlin .Road; Thence along the east and north lines of said Crown Hill Trust Tract, as follows: South 00 degrees 03 minutes 46 seconds East, 751. 21 feet to a Corps of Engineers (COE) monument; North 89 degrees 57 minutes 08 seconds East, 169 . 84 feet to a CO: monument; North 41 degrees 59 minutes 49• seconds East, 404 . 10 feet to a CO: monument in the east line of said Price Survey and the west line of said Throop Survey; South 89 degrees 59 minutes 10 seconds East, 289 . 89 feet to a CO: monument; South 43 degrees 12 minutes 16 seconds East, 686 . 01 feet to a 60( nail in the west line of Bob Jones Road, said point being the most easterly corner of said Crown Hill Trust tract; Thence North 88 degrees 54 minutes 41 seconds West, along the south line of said Crown Hill Trust tract, passing the west line of said Throop Survey and the east line of said Price Survey, and continuing, in all , 2418 . 85 feet to a fence corner in the west line of said Price Survey and the east line of the M. Mahaffey Survey, Abstract No. 916 , Denton County, Texas; Thence North 00 degrees 02 minutes 20 seconds. West, along the common line of said Mahaffey and Price Surveys, 376 . 36 feet to a 1/2 inch iron in said Medlin Road; Thence North 41 degrees 18 minutes 44 seconds East, 713 . 01 feet to a point at the most northerly northwest corner of said Crown Hill Trust tract; Thence South 89 degrees 27 minutes 46 seconds East, along the north line of said Crown Hill Trust tract, 747 . 42 feet to the Point of Beginning. CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-82 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATELY A 10$7 ACRE TRACT OF LAND OUT OF THE <0 -- . .......................... ...................��.....n :ads' .:..f� FULLY AND COMPLETELY DESCRIBED IN EXHIBIT A FROM :;,.A :.:; i.;.:::.. :.<"::fit::::>:;:<:'':� ';.:-:.,.,.:::..:>:>:>:::::. :;:":>: .:>::; :: ORI ULT?U:�r:NioDIST.RICT TO ":v�" `'.-I:2,::>::»»::>::>::SIN.C�` , :::>::>»:FAMI:LY-IA RESIDE.'.NTIMATIMSTRZOT SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED.... IN THIS.. ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, • WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as WONNOr o �l under the . Cit 's Comprehensive::.... .. :.;::� . :: : : Y Zoning .... ....... Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of 480.82/ORD/kb Page 1 J( _� Iiiiir . this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over- crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety .from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue • concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being . approximately a 1 35 acre tract of land out of . ....... ...:...... . ......... :........ the R D Price Survey f Abstract No... 1QO D:, <`1 a t<:1 and 480.82/ORD/kb r) n Page gc 2 U�(iCJ : .>:: Y :..`< ;':,;>:'`»,`.;.,<.>:`:'` `,`:'<.>:;:..<;::;:;::>`' ',:.;<,`:.»>•:., -;`-< >"::act::::::::`> and more fully and completely described in Exhibit "A, " attached hereto and incorporated herein. From :; G»:». . : : tz. . ::I . . t; . : to .....<:; A.:<:>:: : .M,. ; : :::; ' 1#: :: :::>»: Section 2 . That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3 . That in all other respects the use of the tract or tracts of land, herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4 . That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. _ Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7 . Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2 , 000. 00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. 480.82/ORD/kb n Page 3 .�G.+ Illiirr Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9 . The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty toget1er with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3 . 13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1993 . MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1993 . MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: 480.82/ORD/kb ��J - 6 Page 4 CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: I 480.82/ORD/kb Fiz - 7 Page 5 �;1,—;F,�`�- .0; , Jan2 0 ,93 1r� ?4 No .018 F 0_ LDING , BARRETT TEL: G-) RESOLUTION NO. q3-/3 ‘ 60- A RESOLUTION OF THE CITY OF SOUTH LAKE, TEXAS, CALLING FOR A GENERAL ELECTION TO BE FIELD ON MAY 1, 1993; ESTABLISHING ELECTION PRECINCTS WITHIN THE CITY; APPOINTING AN ELECTION JUDGE AND AN ALTERNATE JUDGE; AUTHORIZING THE CITY SECRETARY TO MAKE SUBMISSIONS TO THE UNITED STATES JUSTICE DEPARTMENT FOR PRE- CLEARANCE APPROVAL; ESTABLISHING OTHER PROCEDURES FOR THE CONDUCT OF THE ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS; ESTABLISHING A DATE FOR RUNOFF ELECTION IF NECESSARY; PROVIDING AN EFFECTIVE DATE, WHEREAS, Section 41.001 of the Texas Election Code (the "Code") specifies that the first Saturday in May shall be a 'Uniform Election Date" and that a General Election of a city may be held on such day; and WHEREAS, by a Resolution the first Saturday in May (May 1, 1993) has been adopted as the date of its General Election; and WHEREAS, by this Resolution, is established the date of May 29, 1993 the date for a runoff election should one be required for the General Election; and WHEREAS, by this Resolution, it is the intention of the City Council to of cially establish the election precincts within the City, to designate a polling place for the a ection, to appoint the necessary election officers and to establish and set forth procedures for conducting the election; and WHEREAS, the changes from prior practices may require pre-clearance under the Federal Voting Rights Act: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. Eiec-tion Day. A general election shall be held in the City of Southlalre, Texas, on Saturday, May 1, 1993, at which the following officers will be elected: COUNCILMEMBER PLACE NO. 1 COUNCILMEM]3ER PLACE NO. 6 JUDGE OF THE MUNICIPAL COURT Section 2. Term of Office. In accordance with the City's Charter, the candidate for each of the following offices receiving the majority of votes for such office shall be elected for the following terms, beginning May 1, 1993, or until a successor is duly elected and 13[\ 1e tio«r -I- 1.4i4F'I'.EI I 1 C:.!__ : l r'- qualified: Couttcilmeruber Place 1, and Councilmeniber Place 6 shall serve three (3) year terms; and, Judge of Municipal Court, shall serve a two (2) year term.. Section 3. l ,ibiljty for cr cJidacy. hi accordance with the City's Charter, no person shall be eligible for the office of Mayor or Councilmeruber unless he/she is a qualified elector of the City and has resided in the City for at Least twelve (12) months next preceding the election at which he/she is to be elected. Section 4. Q,pplication for a Place on that' Ballot. In accordance with Section 143.007 of the Code, any eligible and qualified person may have his name printed upon the official ballot as a candidate for the offices herein set forth by filing his sworn application with the City Secretary not earlier than February 15, 1993, and not later than 5:00 p.m., March 17, 1991 Each such application shall be on a form as prescribed by Section 141.031 of the Code. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the City Secretary as provided by Section 52.094 of the Code. Notice of the time and place for such drawing shall be given in accordance with the Code. Section 5. ,Runoff_Election. In accordance with the Code, in the event that no candidate or measure receives a majority of the votes for an office/measure, there shall be a runoff election held on May 29, 1993. If a runoff election is necessary, it shall be ordered by the Mayor not later than five (5) days after the canvassing of the returns of the general election_ Section 6. Election Precincts. In accordance with Section 42.061 of the Code, the City Council of the City hereby establishes its election precinct for all municipal elections from. and after the effective date of this Resolution, such precincts to be coterminous with the boundaries of the below listed election precincts established by the Denton County and Tarrant County Commissioner's Courts, to the extent such election precincts are within the corporate boundaries of the City: .Denton County Election Precinct No. 318 Tarrant County Election Precinct No. 3470 Tarrant County Election Precinct No. 3039 Tarrant County Election Precinct No. 3040 Tarrant County Election Precinct No. 3286 Tarrant County Election Precinct No. 3359 Section 7. Eollinz2lace. The polling place for the General Election precinct of the City for all Municipal Elections from and after the effective date of this Resolution shall be Southlake City Hall, 667 North Carroll Avenue, Southlake. The polls shall be open from 7:00 a.m. to 7:00 p.m., in accordance with and pursuant to the requirements of the Code. Section 8. App Jntment of ElectionJud and tllternate Election Judge. The following named individuals, residing at the respective addresses, are hereby appointed to serve as Presiding Election Judge and Alternate Presiding Election Judge, respectively, at the election; • xl\cCcct;i:a.rc-4 1�-a L �jr' I)- 9i.i ) !l . Ei , I 1r� 7 1 No . D18 F . 04 I 1 NtG . IIIIRRL- 1 I I_(rf Ptcsidiug Judge: Name: Aloha Payne Address: 1213 Whispering Lane, Soi:thlake, Texas Alternate Judge: it Name: Sue Eubanks Address: 2711 Rolling Lane, Southlake, Texas The Election Judge and Alternate Judge shall be qualified voters of the City, i be City Secretary shall, in accordance with Section 32.009 of the Code, deliver to the Presiding Judge and the Alternate Judge notice of their appointments not later than twenty(20) days from the effective date of this Resolution. Section 9. Appointment of Clerks. The Presiding Judge for the polling place shall appoint Election Clerks and as many additional Clerks as are necessary for the proper conduct of the election. Provided, however, five (5) clerks shall be the maximum number of Clerks which may be appointed to serve at the polling place. All Election Clerks shall be qualified voters of the City. Section 10. impensation, of the lEler jon. ,tinge and Election Clerks. The Presiding Election hedge, Alternate Presiding Judge and each Election Clerk shall be compensated at the rate of $5.00 per hour in accordance with Section 32.091 of the Code. The Presiding Election Judge shall also be paid the additional sum of$25.00 for delivering the returns of the election. Section 11. Method of Voting, The City Secretary is hereby authorized and instructed to provide and furnish all necessary election supplies to conduct the General Election, in accordance with this resolution. Voting at the election shall be by electronic voting machines and shall be conducted in accordance with the Code. Section 12. Governing Law and Qualified Votes. The election shall be held in accordance with the Constitution of the State of Texas and the Code, and all resident qualified voters of the City shall be eligible to vote at the election. Section 13. a�licatiort and Posting of INIote .e of leet . Notice of the election shall be published twice no earlier than April 1, 1993, and no later than April 21, 1993, in the newspaper in accordance with the provisions of the Code. Additionally, notice shall be posted no later than April 10, 1993, in the regular place for posting notice of meetings of the City Council of the City, and shall remain posted continuously through election day, May 1, 1993. Section 14. Early Voting. 1Fsnrly Voting by personal appearance shall be conducted . between the hours of 8:00 a.m. and 5:00 p.m. on each day which is not a Saturday, Sunday, or an official State Holiday, beginning on April 12, 1993, and continuing through April 27, >s>i\ckct1Onjc8 _3_ '?a -3 DIPsIC; , FR1 PRE.T_( 1-E_L : 1 r �,r�i} 9 .� u ; ,9.3 1e. : zi No .01 F .05 O 1993. Additional voting hours shall € e determined at a tater date. Early Voting by personal appearance shall be at the office of the City Secretary, 667 North Carroll Avenue, Southlake, Texas. Applications for early voting by mail shall be delivered to the City Secretary at the same address not earlier than March 2, 1993, and not later than the close of business on April 23, 1993. Early Voting, both by personal appearance and by mail, shall be by paper ballots and shall be canvassed by the Absentee Ballot Board, which is hereby created. The Presiding Election Judge and the Alternate Presiding Election Judge appointed herein shall serve as the presiding officer and the alternate presiding officer, respectively, of the Early Voting Board. The other election officers serving at the election shall serve as the other members of the. Early Voting Ballot Board for the election_ Section 15. Submissions to the United States Justice Department. The City Secretary of the City of Southlake is authorized to make such submissions as are necessary to the United States Justice Department to seek pre-clearance approval for additional length of the absentee voting period to include Saturday, April 23, 1993, from 10:00 a.m. to 2:00 p.m. Section 16. Delivery of Returns. In accordance with the Code, immediately after the closing of the polls on the day of the election, the election officers named in this resolution shall make and deliver the returns of the election in triplicate as follows: one copy shall be retained by the Presiding Judge; one copy shall be delivered to the Mayor of the City, and one copy of the returns, together with the ballot boxes and all election supplies, shall be delivered to the City Secretary. All election records and supplies shall be preserved by the City Secretary in accordance with the Code. Section 17. Canvassing of Returns. The City Council shall convene on May 4, 1993, at 6:00 p.m., to canvass the returns of the election held on May 1, 1993. Section 18. Necessary Actions. The Mayor and the City Secretary of the City, in consultation with the City Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code in carrying out and conducting the election, whether or not expressly authorized herein. Section 19. Effective Date. This Resolution shall be effective upon its adoption. PASSED AND APPROVED this the _ - day of_ , 1993. CITY OF SOUTI-ILAKE, i'EXAS By.:____ Cary Pickes, Mayor tt$\ticciion;nt - DING , BARRETT ILL : �31 (-56U-SySS Jan 22i ,y.5 lb :LU NO .U 12S V .Ub • ATTEST: Sandra L LeGrand —__`__ City Secretary APPROVED AS TO FORM: i City Attorney City of SouthIake, Texas d\elcctian.ra -5- BARRETT TEL : 817-560-3953 Jan 28 ,93 16 =47 h1o .023 P .02 rr RESOLUTION NO. /i ,ems A RESOLUTION OF THE CITY OF SOUTNLAKE, TEXAS, CALLING FOR A GENERAL RI F,CI'ION TO BE HELD ON MAY 1, 1993, AS A JOINT ELECTION WITH TARRANT COUNTY, TEXAS, AND VARIOUS SCHOOL DISTRICTS; ESTABLISHING FT.ECTION PRECINCTS WITHIN THE CITY;APPOINTING AN ELECTION JUDGE AND AN ALTERNATE JUDGE; AUTHORIZING THE CITY SECRETARY TO MAKE SUBMISSIONS TO THE UNITED STATES JUSTICE DEPARTMENT FOR PRE-CLEARANCE APPROVAL; ESTABLISHING OTHER PROCEDURES FOR THE CONDUCT OF THE ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS; ESTABLISHING A DATE FOR RUNOFF ELECTION IF NECESSARY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 41.001 of the Texas Election Code (the "Cade") specifies that the first Saturday in May shall be a "Uniform Election Date" and that a General Election of a city may be held on such day; and WHEREAS, by this Resolution, is established the date of May 29, 1993 as the date for a runoff election should one be required for the General Election; and WHEREAS, by this Resolution, it is the intention of the City Council to officially establish the election precincts within the City,to designate a polling place for the election, to appoint the necessary election officers and to establish and set forth procedures for conducting the election; and WHEREAS, Tarrant County will conduct an election countywide to fill the unexpired term of the office of U. S. Senate on May 1, 1993; and WHEREAS, it is desirable for voter convenience and to reduce the overall cost to each entity that said elections be held jointly with those political subdivisions in Tarrant County conducting an election on May 1, 1993; and WHEREAS, in order that the joint election be organized properly it is necessary for one entity to conduct and coordinate the joint election; and WHEREAS, the changes from prior practices may require pre-clearance under the Federal Voting Rights Act NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. Joint Election. The City of Southlake shall hold its election jointly with Tarrant County, Carroll Independent School District, Grapevine-Colleyville Independent School District, Keller Independent School District and Northwest Independent School District on shelectioLga -1- BRRRETT TEL : 917-550-3953 Jan 28 ,93 16 :4? No .323 P .03 May 1, 1993, in accordance with Section 271.002, Texas Election Code, and that said election be conducted jointly pursuant to the terms of the agreement attached as "Exhibit A" and made a part of this resolution. Section 2.; Elation Day. A general election shall be held in the City of Southlake, Texas, on Saturday, May 1, 1993, at which the following officers will be elected: COUNCILMEMBER PLACE NO. 1 COUNCILMEMBER PLACE NO. 6 JUDGE OF THE MUNICIPAL COURT Section 3. Tenn otOffice. In accordance with the City's Charter, the candidate for each of the following offices receiving the majority of votes for such office shall be elected for the following terms, beginning May 1, 1993, or until a successor is duly elected and qualified: Councilmember Place 1, and Councilmember Place 6 shall serve three (3) year terms; and, Judge of Municipal Court, shall serve a two (2) year term. Section 4. Eligibility for Candidacy. In accordance with the City's Charter, no person shall be eligible for the office of Mayor or Councilmember unless he/she is a qualified elector of the City and has resided in the City for at least twelve (12) months next preceding the election at which he/she is to be elected_ Section 5. Application for a Place cal the Ballot. In accordance with Section 143.007 of the Code, any eligible and qualified person may have his name printed upon the official ballot as a candidate for the offices herein set forth by filing his sworn application with the City Secretary not earlier than February 15, 1993, and not later than 5:00 p.m.,March 17, 1993. Each such application shall be on a form as prescribed by Section 141.031 of the Code. The order in which the names of the candidates for city office are to be printed on the ballot shall be determined by a drawing by the City Secretary as provided by Section 52.094 of the Code. Notice of the time and place for such drawing shall be given in accordance with the Code. Section 6. Runoff Election. In accordance with the Code, in the event that no candidate or measure receives a majority of the votes for an office/measure, there shall be a runoff election held on May 29, 1993. If a runoff election is necessary, it shall be ordered by the Mayor not later than five (5) days after the canvassing of the returns of the general election. Section 7. Election Precincts. In accordance with Section 42.061 of the Code, the City Council of the City hereby establishes its election precinct for all municipal elections from and after the effective date of this Resolution, such precincts to be coterminous with the boundaries of the below listed election precincts established by the Denton County and Tarrant County Commissioner's Courts, to the extent such election precincts are within the corporate boundaries of the City: Denton County Election Precinct No. 318 Tarrant County Election Precinct No. 3470 iiicloct otrc9 -2- BARRETT TEL : 817-550-3953 Jan 28 ,93 16 :47 No .023 P .04 ippppr Tarrant County Election Precinct No. 3039 Tarrant County Election Precinct No. 3040 Tarrant County Election Precinct No. 3286 Tarrant County Election Precinct No. 3359 Section $. polling Place. The polling place for the General Election precinct of the City for all Municipal Elections from and after the effective date of this Resolution shall be Southlake City Hall, 667 North Carroll Avenue, Southlake. The polls shall be open from 7:00 a.m. to 7:00 p.m., in accordance with and pursuant to the requirements of the Code. Section 9. Appointment of lecti n Judgeeand Alternate lection udge. The following named individuals, residing at the respective addresses are hereby appointed to serve at Southlake City Hall as Presiding Election Judge and Alternate Presiding Election Judge, respectively, at the joint election: Presiding Judge: Name: Aloha Payne Address: 1213 Whispering Lane, Southlake, Texas Alternate Judge: Name: Sue Eubanks Address: 2711 Rolling Lane, Southlake, Texas The Election Judge and Alternate Judge shall be qualified voters of the City. The City Secretary, or the Tarrant County Administrator, pursuant to §3.02(a) of Exhibit "A," shall, in accordance with Section 32.009 of the Code, deliver to the Presiding Judge and the Alternate Judge notice of their appointments not later than twenty (20) days from the effective date of this Resolution. Section 10. Appointment of Clerks. The Presiding Judge for the polling place shall appoint Election Clerks and as many additional Clerks as 'are necessary for the proper conduct of the election. Provided, however, five (5) Jerks shall be the maximum number of Clerks which may be appointed to serve at the polling place. All Election Clerks shall be qualified voters of the City. Section 11. Compensation of the Election Judge and Election_ Clerks. The Presiding Election Judge, Alternate Presiding Judge and each Election Clerk shall be compensated at the rate of $5.00 per hour in accordance with Section 32.091 of the Code. The Presiding Election Judge shall also be paid the additional sum of$25.00 for delivering the returns of the election. Pursuant to the agreement contained in Exhibit "A," the Tarrant County Election Administrator has agreed to be responsible for compensating the Election Judges and Clerics_ Section 12. Method of_Voting. Pursuant to Exhibit "A," the Tarrant County Election Administrator has agreed to furnish election supplies and will utilize OPTECH electronic sitcicctioLtes -3- BARRETT TEL : 1 r-5n0 9;.3 Jan 28 93 16 :47 hlo .023 P .05 Ipppr voting equipment. The City Secretary is hereby authorized and instructed to provide and furnish all necessary election supplies not furnished by Tarrant County. ,,C Section 13. �uverni g_Law and Qualified Voters. The election shall be held in accordance with the Constitution of the State of Texas and the Code, and all resident qualified voters of the City shall be eligible to vote at the election. Section 144. �'ublicat'on an sti Pong of Notice of Election. Notice of the election shall be published twice no earlier than April 1, 1993, and no later than Apnl 21, 1993, in the newspaper in accordance with the provisions of the Code. Additionally, notice shall be posted no later than April 10, 1993, in the regular place for posting notice of meetings of the City Council of the City, and shall remain posted continuously through election day, May 1, 1993. Section 15. Far Voting. Early Voting by personal appearance shall be conducted between the hours of 8:00 a.m. and 5:00 p.m. on each day which is not a Saturday, Sunday, or an official State Holiday, beginning on April 12, 1993, and continuing through April 27, 1993. Additional voting hours shall be determined at a later date. Early Voting by personal appearance shall be at the office of the City Secretary, 667 North Carroll Avenue, Southlake, Texas, or at the Tarrant County Central Voting location which is in the Muller Building, 600 West Weatherford Street, Fort Worth, Texas 76102_ Applications far early . voting by mail for the city election only shall be delivered to the City Secretary at the same address not earlier than March 2, 1993, and not later than the close of business on April 23,,,1993. Early voting by mail for other political subdivisions participating in this joint election shall be held as set forth in Section 2.01 of Exhibit "A." Robert Parten shall serve as Early Voting Clerk, and the City Secretary or her designee shall serve as Deputy Early Voting Clerk. Early Voting, both by personal appearance and by mail, shall be by paper ballots and shall be canvassed by the Absentee Ballot Board, which is hereby created. The Presiding Election Judge and the Alternate Presiding Election Judge appointed herein shall serve as the presiding officer and the alternate presiding officer, respectively, of the Early Voting Board. The other election officer serving at the election shall serve as the other members of the Early Voting Ballot Board for the election. Section 16. Submissions to the United States Justice Department. The City Secretary of the City,of Southlake is authorized to make such submissions as are necessary to the United States Justice Department to seek pre-clearance approval for additional length of the absentee voting period to include Saturday, April 23, 1993, from 10:00 a.m. to 2:00 p.m. Section 17. Delivery of Returns. In accordance with the Code, immediately after the closing of the polls on the day of the election, the election officers named in this resolution shall make and deliver the returns of the election in triplicate as follows: one copy shall be retained by the Presiding Judge; one copy shall be delivered to the Mayor of the City, and one copy of the returns, together with the ballot boxes and all election supplies, shall be delivered to the City Secretary. All election records and supplies shall be preserved by alelectiotrc. -4- BARRETT TEL : 817-560-3953 Jan 28 ,96 ib :4 No .U13 V .Ub ppp/ the City Secretary or the Tarrant County Election Administrator in accordance with the Code. Section 18. Canvassing of Returns. The City Council shall convene on May 4, 1993, at 6..00 p.m., to canvass the returns of the election held on May 1, 1993. Section 19. Necessary Actions. The Mayor and the City Secretary of the City, in consultation with the City Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code in carrying out and conducting the election, whether or not expressly authorized herein. Section 20. effective 17ate. This Resolution shall be effective upon its adoption. PASSED AND APPROVED this the - day of , 1993. II CITY OF SO!JTHLAKE, TEXAS Gary Fickes, Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas i .Itcicatolxca -5- VBAR ETT . TEL: 917-550-3953 Jan 28 ,93 16 =47 No .023 P .07 AGREEMENT CITY COUNCIL CITY OF SOUTHLAKE JOINT ELECTION NAY 1 , 1993 ii I . AGREEMENT ' GENERAL TERMS r 1.01 On Saturday, May 1, 1993, the election shall be held from 7:00 A.M. until 7:00 P.M. , that day. 1.02 Each political subdivision participating in the election on May 1, 1993, shall have and use the same voting equipment, ballots and the same list of registered votes . ii 1.03 Each political subdivision, a.s well as Tarrant County shall share the cost of conducting the election. II . ! EARLY VOTING 2 .01 Early Voting By Mail: a) . Tarrant County Election Administration shall be responsible for early voting ballots requests by mail for the U.S. Senate election. b) The City Secretary or their desiee responsible for any early voting bal shall lots by mail . for city elections, if any. c) . The School Board Secretary or their designee shall be responsible for any early voting ballots by mail for school board elections, if any. 2.02 : Early Voting By Personalappearance:. a) . Robert Parton shall serve as early voting clerk, other clerks shall be appointed as needed. b) . The City Secretary or their designee shall serve as deputy early voting clerk for both the city and the school districts participating in this election. !} +t . EXHIBIT — BARRETT TEL : 817-560-3953 Jan 28 .93 16 :47 No .023 P .08 rr c) . Voting shall be conducted at the location(s) used in City elections , d) . Early voting will begin April 12, 1993, and will end on April 27, 1993 . e) . Extended hours for early voting shall take place at all early voting sights on Saturday, Monday and Tuesday April 24, 26 and 27th, 1993, from 7:00 A.M. to 7:00 P.M. each days and Sunday April 25, 1993 from 11300 A.M. to 4 :00 P.M. f) . Only those residents of the city (or that designated unincorporated territory adjacent to the city) may vote early at the City early voting locations(a) . g) . Any resident of any political subdivision participating in this joint election may vote at the Tarrant County Central Voting location (Muller Building, 600 West Weatherford Street, Fort Worth, Texas 76102) , 2 .03 The Tarrant County Election Administration shall be responsible for the preparation of all Early Voting Ballots . 2 .04 The Tarrant County Election Administration shall prepare the voted Early Voting Ballots for counts by the Early Voting Ballot Board. 2 .05 The Early Voting Ballot Board may include individuals from each political subdivision participating in this ' election. The names of those persons selected should be . submitted to the Election Administrator. on or before April 12, 1993. III. TARRANT COUNTY 3 .01 The Tarrant County Election Administrator agrees to coordinate, supervise and conduct the Joint Election, pursuant to the provisions of the Texas Election Code unless specifically provided otherwise in this agreement. 3.02 ' The Tarrant County Election Administrator shall preform the following specific duties; a) . Notify and train all presiding judges, alternate judges and clerks. BARRETT TEL : 817-560-3953 Jan 28 ,93 16 :47 No .023 P .09 b) . Compensate election judges and clerks . Each election judge and clerk will receive $5.00 per hour (for a maximum of 15 hours) . The election judge will receive an additional $25. 00 for picking up the election supplies prior to election day and for delivering election returns and supplies to the Central Counting Station after the polls close. Election judges and alternate judges will receive $10.00 for attending the election school. c) . Procure, prepare, and distribute ballots . d) . Procure, prepare, and distribute Early voting and election judge supplies. e) . Procure, prepare, and distribute tables and chairs , as needed, and transport equipment to and from the polling places . • f) . Procure and deliver to polling places all OPTECH equipment. g) . Rent, if necessary, voting locations. h) . Provide lists of registered voters to the election judges. 1. i) . Arrange for use of a Central Counting Station and for tabulating personnel and equipment needed at the Counting Station and assist in preparation of programs and test materials for tabulation of the ballots to be used with electronic voting equipment, j) . Publish notice of the date, time and place of the testing of the electronic tabulation equipment and conduct such testing. k) . Supervise the handling and disposition of election returns, tabulate unofficial returns and assist in preparing the tabulation for the official canvass. 1) . Prepare the unofficial canvass report after all precincts have been counted, and will deliver a copy of the unofficial canvass to the City and Independent School district. m) . Serve as custodian of election records and store election records as provided by law. -n) . Conduct any required recounts. ?a, -/ 3 BARRETT TEL : 817-550-3953 Jan 28 ,93 16 :4? No .023 P . 10 IV. CITY OF SOUTHLAKE 4.01 Each political subdivision including the City and all participating school districts shall have the following responsibilities in conducting this joint election on May 1, 1993s. a) . The City shall be responsible for naming the election judge and alternate judge at each voting location. The name and address of each judge shall be given to the County Election Administrator. b) . The participating City(s) and school district(s) shall designate voting sights giving preference to customary City locations. ' c) _ Maps or other handy reference guides containing the boundaries of each political subdivision should be made available to Tarrant County. d) . Prepare all election orders, resolutions, notices, and other pertinent documents for adoption for execution by the appropriate officer; and take all ., actions required by law for calling the election, appointing the presiding judges, alternate judges, establishing precincts and polling places, handling contests, canvassing the returns and declaring the results, including the spanish translation thereof. e) . Prepare and publish in the official newspaper, or post, all required election notices. f) . Deliver to the Elections Administrator as soon as possible, but no later than March 23, 1993 the official wording that is to be printed on the ballot with the exact form, order, wording and spelling that is to be used. g) . Prepare and submit to the U.B. Department of Justice under Section 5 of Voting Rights Act of 1965, the required submissions on voting changes. h) . Canvass the official results of the election. • 4.02 In consideration for the services and expenses provided by the Tarrant County Election Administrator and to pay for our share of the cost of conducting this joint election, we agree to pay the sum of 1,67 ,00 to the Tarrant County Election Administrator. It is understood that is twenty-five percent (25%) less than our last similar election. Fce, -ice BARRETT TEL : 817-550-3953 Jan 28 , 93 16 :47 No .023 P. 11 4 .03 Should a recount or run-off election be required ;those costs associated with the recount or run--off, if any, are in addition to those contemplated in this - 'agreement, and shall be negotiated at the time the need for said recount or run-off election is determined. 4 .04 i The official for all parties to contact for all purposes shall be listed at the end of the agreement. All notices and other deliveries under the agreement shall be delivered to said individual so listed. // NOTION made by _ , Seconded by , that the Resolution and attached Agreement, above and foregoing, be adopted; AYES: NOES: The above Resolution and Agreement was adopted at a meeting of the City Council held on the' day of _ , 1993. City of Southlake Mayor, City of Southiake ATTEST:. Secretary Official For Notice: Name — Title Address VV1TTTEL : 817-560-3953 Jan 28 ,93 16 :47 No .023 P . 12 ACCEPTANCE: On behalf of the Tarrant County Election Administration office, I hereby accept the terms of this Agreement contained in this Resolution. LI SIGNED this U 7~ day of , 1993. r Y ROBE PARTEN Tarrant County Election Administrator 100 W. Weatherford Street Fort Worth, Texas 76196 U1I'U , tiHKKt I I ILL: 251 f -SbU-J S� Jan Zb ,`J:) i i =UU NO .ULt4 V .UL pr RESOLUTION NO.D-/-392iA3) a A RESOLUTION OF THE CITY OF SOUTHLAI TEXAS, CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 1, 1993, AS A JOINT ELECTION WITH TARRANT COUNTY, TEXAS; ESTABLISHING ELECTION PRECINCTS WITHIN THE CITY; APPOINTING AN ELECTION JUDGE AND AN ALTERNATE JUDGE; AUTHORIZING THE CITY SECRETARY TO MAKE SUBMISSIONS TO THE UNITED STATES JUSTICE DEPARTMENT FOR PRE- CLEARANCE APPROVAL; ESTABLISHING OTHER PROCEDURES FOR THE CONDUCT OF THE ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS; ESTABLISHING A DATE FOR RUNOFF ELECTION IF NECESSARY; PROVIDING AN EFFECTIVE DATE WHEREAS, Section 41.001 of the Texas Election Code (the "Code") specifies that the first Saturday in May shall be a "Uniform Election Date" and that a General Election of a city may be held on such day; and WHEREAS, by this Resolution, is established the date of May 29, 1993 as the date for a runoff election should one be required for the General Election; and WHEREAS, by this Resolution, it is the intention of the City Council to officially establish the election precincts within the City,to designate a polling place for the election, to appoint the necessary election officers and to establish and set forth procedures for conducting the election; and WHEREAS, Tarrant County will conduct an election countywide to fill the unexpired term of the office of U. S. Senate on May 1, 1993; and WHEREAS, it is desirable for voter convenience and to reduce the overall cost to each entity that said elections be held jointly; and WHEREAS, in order that the joint election be organized properly it is necessary for one entity to conduct and coordinate the joint election; and WHEREAS, the changes from prior practices may require pre-clearance under the Federal Voting Rights Act: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, 'THAT: Section 1. Loint Election. The City of Southlake shall hold its election jointly with Tarrant County on May 1, 1993, in accordance with Section 271.002, Texas Election Code, and that said election be conducted jointly pursuant to the terms of the agreement attached as "Exhibit A" and made a part of this resolution. sl\olcctlo&ree -1- DING , BARRETT TEL : 1;-�50-3G5 Jan 28 , `a3 1 r :U0 No .024 F .03 Section 2, Election Day. A general election shall be held in the City of Southlake, Texas, on Saturday, May 1, 1993, at which the following officers will be elected: COUNCILMEMBER PLACE NO. 1 CO1INCILMEMBER PLACE NO. 6 JUDGE OF THE MUNICIPAL COURT Section 3. Term of Offi•e. In accordance with the City's Charter, the candidate for each of the following offices receiving the majority of votes for such office shall be elected for the following terms, beginning May 1, 1993, or until a successor is duly elected and qualified: Councilmember Place 1, and Councilmember Place 6 shall serve three (3) year terms; and, Judge of Municipal Court, shall serve a two (2) year term. Section 4. Eligibility for Candidacy. In accordance with the City's Charter, no person shall be eligible for the office of Mayor or Councilmember unless he/she is a qualified elector of the City and has resided in the City for at least twelve (12) months next preceding the election at which he/she is to be elected. Section 5. Application for a Place on the fiallet. In accordance with Section 143.007 of the Coder any eligible and qualified person may have his name printed upon the official ballot as a candidate for the offices herein set forth by filing his sworn application with the City Secretary not earlier than February 15, 1993, and not later than 5:00 p.m., March 17, 1993. Each such application shall be on a form as prescribed by Section 141.031 of the Code. The order in which the names of the candidates for city office are to be printed on the ballot shall be determined by a drawing by the City Secretary as provided. by Section 52.094 of the Code. Notice of the time and place for such drawing shall be given in accordance with the Code, Section 6. Runoff Election. In accordance with the Code, in the event that no candidate or measure receives a majority of the votes for an office/measure, there shall be a runoff election held on May 29, 1993. If a runoff election is necessary, it shall be ordered by the Mayor not later than five (5) days after the canvassing of the returns of the general election. Section 7. Election Precincts. In accordance with Section 42.061 of the Code, the City Council of the City hereby establishes its election precinct for all municipal elections from and after the effective date of this Resolution, such precincts to be coterminous with the boundaries of the below listed election precincts established by the Denton County and Tarrant County Commissioner's Courts, to the extent such election precincts are within the corporate boundaries of the City: Denton County Election Precinct No. 318 Tarrant County Election Precinct No. 3470 Tarrant County Election Precinct No. 3039 Tarrant County Election Precinct No. 3040 Tarrant County Election Precinct No. 328b si\ckainlma 2).. DING , BARRETT B17-560-3953 Jan 28 ,93 17 :00 No .024 P .04 TEL or Tarrant County Election Precinct No. 3359 Section 8. rolling Place. The polling place for the General Election precinct of the City for all Municipal Elections from and after the effective date of this Resolution shall be Southlake City Hall, 667 North Carroll Avenue, Southlake. The polls shall be open from 7:00 a.m. to 7:00 p.m., in accordance with and pursuant to the requirements of the Code. Section 9. ointment of Election Judge and Alternate Election...ledge.dge. The following named individuals, residing at the respective addresses, are hereby appointed to serve at Southlake City Hall as Presiding Election Judge and Alternate Presiding Election Judge, respectively, at the joint election: Presiding Judge: Name: Aloha Payne Address: 1213 Whispering Lane, Southlake, Texas Alternate Judge: Name: Sue Eubanks Address: 2711 Rolling Bane, Southlake, Texas The Election Judge and Alternate Judge shall be qualified voters of the City. The City Secretary, or the Tarrant County Administrator, pursuant to $3.02(a) of Exhibit "A," shall, in accordance with Section 32.009 of the Code, deliver to the Presiding Judge and the Alternate Judge notice of their appointments not later than twenty (20) days from the effective date of this Resolution. Section 10. Appointmet Lof (marks. The Presiding Judge for the polling place shall appoint Election Clerks and as many additional Clerks as are necessary for the proper conduct of the election. Provided, however, five (5) clerks shall be the maximum number of Clerks which may be appointed to serve at the polling place. All Election Clerics shall be qualified voters of the City. Section 11. Comansati n pf the Election Ju Te and. Election Clerks. The Presiding Election Judge, Alternate Presiding Judge and each Election Clerk shall be compensated at the rate of $5.00 per hour in accordance with Section 32.091 of the Code. The Presiding Election Judge shall also be paid the additional sum of $25.00 for delivering the returns of the election. Pursuant to the agreement contained in Exhibit "A," the Tarrant County Election Administrator has agreed to be responsible for compensating the Election Judges and Clerks. Section 12. Method of Voting. Pursuant to Exhibit "A," the Tarrant County Election Administrator has agreed to furnish election supplies and will utilize OPTECH electronic voting equipment. The City Secretary is hereby authorized and instructed to provide and furnish all necessary election supplies not furnished by Tarrant County. r1\etactiaares -3- Ulfdb , tiHKKtI I ItL = a1 (—DbLI— JJ �c.il L0 ,y.; 1r -«I_i rvu .ULt4 r .�� pprr Section 13. armereing Law and Qualified Voters. The election shall be held in accordance with the Constitution of the State of Texas and the Code, and all resident qualified voters of the City shall be eligible to vote at the election. Section 14. Publication and Posting of Notice of Electioq. Notice of the election shall be published twice no earlier than April 1, 1993, and no later than April 21, 1993, in the newspaper in accordance with the provisions of the Code. Additionally, notice shall be posted no later than April 10, 1993, in the regular place for posting notice of meetings of the City Council of the City, and shall remain posted continuously through election day, May 1, 1993. Section 15. Early Voting. Early Voting by personal appearance shall be conducted between the hours of 8:00 a.m. and 5:00 p.m. on each day which is not a Saturday, Sunday, or an official State Holiday, beginning on April 12, 1993, and continuing through April 27, 1993. Additional voting hours shall be determined at a later date. Farly Voting by personal appearance shall be at the office of the City Secretary, 667 North Carroll Avenue, Southlake, Texas, or at the Tarrant County Central Voting location which is in the Muller Building, 600 West Weatherford Street, Fort Worth, Texas 76102. Applications for early voting by mail for the city election only shall be delivered to the City Secretary at the same address not earlier than March 2, 1993, and not later than the close of business on April 23, 1993. . Robert Parten shall serve as Early Voting Clerk, and the City Secretary or her designee shall serve as Deputy Early Voting Clerk. Early Voting, both by personal appearance and by mail, shall be by paper ballots and shall be canvassed by the Absentee Ballot Board, which is hereby created. The Presiding Election Judge and the' Alternate Presiding Election Judge appointed herein shall serve as the presiding officer and the alternate presiding officer, respectively, of the Early Voting Board. The other election officers serving at the election shall serve as the other members of the Early Voting Ballot Board for the election. Section 16. Submissions to the United States Justice Department. The City Secretary of the City of Southlake is authorized to make such submissions as are necessary to the United States Justice Department to seek pre-clearance approval for additional length of the absentee voting period to include Saturday, April 23, 1993, from 10:00 a.m. to 2:00 P.m- Section 17. Delivery of Returns. In accordance with the Code, immediately after the closing of the polls on the day of the election, the election officers named in this resolution shall make and deliver the returns of the election in triplicate as follows: one copy shall be retained by the Presiding Judge; one copy shall be delivered to the Mayor of the City, and one copy of the returns, together with the ballot boxes and all election supplies, shall be delivered to the City Secretary. All election records and supplies shall be preserved by the City Secretary or the Tarrant County Election Administrator in accordance with the Code. d\cicetio33res -4- a lI"7D UiIVU a DI-IICKG I I 1 CL- O1 f—JVIJ—JyJJ Jan LO .7J i f -VU IVU .UL4 f.UO IIIPPPW Section 18. Canvassing of Returns. The City Council shall convene on May 4, 1993, at 6:00 p.ni., to canvass the returns of the election held on May 1, 1993. Section 19. Necessary Action. The Mayor and the City Secretary of the City, in consultation with the City Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code in carrying out and conducting the election, whether or not expressly authorized herein. Section 20. Effective Date. This Resolution shall be effective upon its adoption. PASSED AND APPROVED this the day of , 1993. CITY OF SOUTHLMCE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas stleke .fcs -S- ING , BARRETT TEL : 817-560-3953 Jan 28 ,93 17 :00 No .024 P .07 PrD AGREEMENT CITY COUNCIL CITY OI' SOUTHLAKE JOINT ELECTION MAY 1, 1993 i I. AGREEMENT GENERAL TERMS 1.01 On Saturday, May 1., 1993, the election shall be held front 7 a 00 A.M. until .7 :00 P.M. , that day. 1.02 Each political subdivision participating in the election on May 1, 1993, shall have and use the same voting equipment, ballots and the saute list of registered votes . 1.03 Each political subdivision, as well as Tarrant County ' shall share the cost of conducting the election. XI . EARLY VOTING 2.01 Early Voting By_•_Mail: a) . Tarrant County Election Administration shall be responsible for early voting ballots requests by mail for the U.S. Senate election. b) . The City Secretary or their designee shall be responsible for any early voting ballots by mail for city elections, if any, 2.02 Early Voting Ev Personal Appearance t a) . Robert Parten shall serve as early voting clerk, ether clerks shall be appointed as needed. b) . The City Secretary or their designee shall serve a$ deputy early voting clerk for the city H!B1ir V 1194 , pMFACG I I ILL- . V l I `JVII-JJJ JQ11 GO I ,,, 11 •VV 19U .VL'i r •Va IIPPPIE c) . Voting shall be conducted at the location(s) used in City elections , d) . Early voting will begin April 12, 1993, and will end on April 27, 1993. e) . Extended hours for early voting shall take place at all early voting sights on Saturday, Monday and Tuesday April 24, 26 and 27th, 1993, from 7:00 A.M. to 7:00 P.M. each days and Sunday April 25, 1993 from I1 :00 A.M. to 4 :00 P.M. f) . Only those residents of the city (orthat designated unincorporated territory adjacent to the city) may vote early at the City early voting locati one(s) . g) . Any resident of any political subdivision participating in this joint election may vote at the Tarrant County Central Voting location (Muller Building, 600 West Weatherford Street, Fort Worth, Texas 76102) , 2.03 The Tarrant County Election Administration shall be responsible far the preparation of all Early Voting Ballots, 2 .04 The Tarrant County Election Administration shall prepare the- voted Early Voting Ballots for counts by the Early Voting Ballot Board. 2 .05 The Early Voting Ballot Board may include individuals front each political subdivision participating in this election. The names of those persons selected should be • submitted to the Election Administrator on or before April 12, 1993 . I/I. 'PARRANT COUNTY 3 .01 The Tarrant County Election Administrator agrees to ccordinate, supervise and conduct the Joint Election, pursuant to the provisions of the Texas Election Code unless specifically provided otherwise in this agreement. 3 , 02 The Tarrant County Election Administrator shall prefers the following specific duties: a) . Notify and train all presiding judges, alternate judges and clerks . / IL � Ulf4l7 • tiHKKt I I 1 CL . b 1 t -JUU-J7JJ Ja11 + . � L -vv i'iu .��L4 i b) . Compensate election judges and clerks. Each election judge and clerk will receive $5.00 per hour ( for a maximum of 15 hours) . The election judge will receive an additional $25.00 for picking up the election supplies prior to election day and for delivering election returns and supplies to the Central Counting Station after the polls close. Election judges and alternate judges will ' receive $10.00 for attending the election school. c) . Procure, prepare, and distribute ballots. d) . Procure, prepare, and distribute Early voting and election judge supplies. e) . Procure, prepare, and distribute tables and chairs, as needed, and transport equipment to and from the polling places . f) . Procure and deliver to polling places all OPTECH equipment. g) . Rent, if necessary, voting locations. . h) . Provide lists of registered voters to the election judges. i) . Arrange for use of a Central Counting Station and for tabulating personnel and equipment needed at the Counting] Station and assist in preparation of programs and test materials for tabulation of the ballots to be used with electronic voting equipment. j) . Publish notice of the date, time and place of the testing of the electronic tabulation equipment and conduct such testing. k) . Supervise the handling and disposition Of election returns, tabulate unofficial, returns and assist in preparing the tabulation for the official canvass . 1) . Prepare the unofficial canvass report after all precincts have been counted, and will deliver a copy of the unofficial canvass tO the City and Independent School District. m) . Serve as custodian of election records and store election records as provided by law. n) . Conduct any required recounts, iN'J . 1iHKKL I I ILL = 2i1 (-�bU--J`J�} Jan Lc , J3 i f .UU NO .U2.4 F. 1.0 Iv. CITY OF SOUTHI KE 4 .01 Each political subdivision including the City and all participating school districts shall have the following responsibilities in conducting this joint election on May it 1992; a) . The City shall be responsible for naming the election judge and alternate judge at each voting location. The name and address of each judge Mali be given to the County Election Administrator, b) . The participating City(s) and school district(e) shall designate voting sights giving preference to customary City locations. c) . Maps or other handy reference guides containing the boundaries of each political subdivision should be made available to Tarrant County. d) . Prepare all election orders, resolutions, notices, and other pertinent documents for adoption for execution by the appropriate officer; and_take all actions required by law for calling the election, appointing the presiding judges, alternate judges, establishing precincts and polling places, handling contests, canvassing the returns and declaring the results, including the Spanish translation thereof. e) . Prepare and publish in the official newspaper, or post, all required election notices . f) . Deliver to the !lections Administrator as soon as possible, but no later than March 23, 1993 the official wording that is to be printed on the ballot with the exact form, order, wording and spelling that is to be used. g) . Prepare and submit to the U.S. Department of Justice under Section 5 of Voting Rights Act of 1965,. the required submissions on voting changes . h) - Canvass the official results of the election. 4 .02 In consideration for the services and expenses provided by the Tarrant County Election Administrator and to pay for our share of the cost of conducting this joint election, we agree to pay the sum of 41)875.00 to the ' Tarrant County Election Administrator. It is understood that i.s twenty-five percent (25%) less than our last similar election. ��asr V'iJlNLi : IJHN.Kt I I ILL : ti 1 r—�bU—s5 b..) .Jan LO ,y. 1 r •U'J rvU .u1=F r . 11 4.03 Should a recount or run-off election be required those costs associated with the recount or run-off, if any, are in addition to those contemplated in this agreement, and shall be negotiated at the time the need for said recount or run-off election is determined. 4.04 The official for all parties to contact for all purposes shall be listed at the end of the agreement. All notices and other deliveries under the agreement shall be delivered to said individual so listed. // MOTION made by , Seconded by that the Resolution and attached Agreement, above and foregoing, be adopted; AYES: . , NOES: The above Resolution and Agreement Was adopted at a meeting of the City Council held on the day of _ - „ __. 1993. City of Southlake Mayor, City of Southlake ATTEST: Secretary Official For Notice: Name Title -Address - -a 4 VINO , bHKKt I I ILL : d 1 i-DOU-JJ�J Jan Lu , L 1 i -UU HU .UL4 f . 1L Illirr ACCEPTANCEI On behalf of the Tarrant County Election Administration office, i hereby accept the terms of this Agreement contained in this Resolution. ' tiki SIGNED this r day of r I , 1993. ---. .; ---.- ..______ ROBE T PARTEN Tarrant County Election Administrator 100 W. Weatherford Streit 'art Worth, Texas 76196 • ?ao27 TARRANT COUNTY 100 Weatherford Street FORT WORTH, TEXAS 76196-0136 ROBERT I'ARTEN GAYLE IHAMILTON Elections Administrator Assistant Elections Adm. January 27, 1993 Sandra L. LeGrand, City Secretary City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Re: Resolution and Agreement May 1, 1993 Joint Election Dear Sandra, Enclosed please find the "Resolution and Agreement" for the May 1, 1993 Joint Election for your political subdivision. Upon adoption or denied approval by the Board of Education or City Council, please sign and return the last page as indicated. We have enclosed a return envelope for your convenience. If you have any questions, please contact Robert Parten or Gayle Hamilton at 884-1760. Sincerely, Robert Parten Election Administrator enc RP/wt • Pr RESOLUTION & AGREEMENT CITY COUNCIL CITY OF SOUTHLAKE JOINT ELECTION MAY 1, 1993 WHEREAS, the City of Southlake as well as other cities and school districts ( "political subdivisions" ) will hold elections for members to each governing board on May 1, 1993, and WHEREAS, Tarrant County will conduct an election county wide to fill the unexpired term of the office of U. S . Senate on May 1, 1993, and WHEREAS, it is desirable for voter convenience and to reduce the overall cost to each entity that said elections be held jointly with those political subdivision in Tarrant County conducting an election on May 1, 1993; and WHEREAS, in order that the joint election be organized properly, the political subdivision in Tarrant County to select the Tarrant County Election Administrator to conduct and coordinate this joint election; NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Southlake that we hold our election jointly with Tarrant County, Carroll Independent School District, Grapevine- Colleyville Independent School District, Keller Independent School District and Northwest Independent School District on May 1, 1993 , in accord with Section 271 . 002 , Texas Election Code, and that said election be conducted jointly pursuant to the terms of the following agreement that made a part of this resolution. I . AGREEMENT GENERAL TERMS 1 . 01 On Saturday, May 1, 1993, the election shall be held from 7 : 00 A.M. until 7 : 00 P .M. , that day. 1 . 02 Each political subdivision participating in the election on May 1, 1993, shall have and use the same voting equipment, ballots and the same list of registered votes . 1 . 03 Each political subdivision as well as Tarrant County shall share the cost of conducting the election. • RESOLUTION & AGREEMENT JOINT ELECTION, MAY 1, 1993 - PAGE 1 a:solake.doc �� -.2y Pr II . EARLY VOTING 2 . 01 Early Voting By Mail : a) . Tarrant County Election Administration shall be responsible for early voting ballots requests by mail for the U.S . Senate election. b) . The City Secretary or their designee shall be responsible for any early voting ballots by mail for city elections , if any. c) . The School Board Secretary or their designee shall be responsible for any early voting ballots by mail for school board elections, if any. 2 . 02 Early Voting By Personal Appearance: a) . Robert Parten shall serve as early voting clerk, other clerks shall be appointed as needed. b) . The City Secretary or their designee shall serve as deputy early voting clerk for both the city and the school districts participating in this election. c) . Voting shall be conducted at the location(s ) used in City elections . d) . Early voting will begin April 12, 1993, and will end on April 27 , 1993 . e) . Extended hours for early voting shall take place at all early voting sights on Saturday, Monday and Tuesday April 24 , 26 and 27th, 1993, from 7 :00 A.M. to 7 : 00 P.M. each days and Sunday April 25, 1993 from 11 : 00 A.M. to 4 : 00 P.M. f) . Only those residents of the city (or that designated unincorporated territory adjacent to the city) may vote early at the City early voting locations (s ) . g) . Any resident of any political subdivision participating in this joint election may vote at the Tarrant County Central Voting location (Muller Building, 600 West Weatherford Street, Fort Worth, Texas 76102 ) . RESOLUTION & AGREEMENT JOINT ELECTION, MAY 1, 1993 - PAGE 2 a:solake.doc Pr 2 . 03 The Tarrant County Election Administration shall be responsible for the preparation of all Early Voting Ballots . 2 . 04 The Tarrant County Election Administration shall prepare the voted Early Voting Ballots for counts by the Early Voting Ballot Board. 2 . 05 The Early Voting Ballot Board may include individuals from each political subdivision participating in this election. The names of those persons selected should be submitted to the Election Administrator on or before April 12 , 1993 . III . TARRANT COUNTY 3 . 01 The Tarrant County Election Administrator agrees to coordinate, supervise and conduct the Joint Election, pursuant to the provisions of the Texas Election Code unless specifically provided otherwise in this agreement. 3 . 02 The Tarrant County Election Administrator shall preform the following specific duties : a) . Notify and train all presiding judges, alternate judges and clerks . b) . Compensate election judges and clerks . Each election judge and clerk will receive $5 . 00 per hour ( for a maximum of 15 hours) . The election judge will receive an additional $25 . 00 for picking up the election supplies prior to election day and for delivering election returns and supplies to the Central Counting Station after the polls close. Election judges and alternate judges will receive $10 . 00 for attending the election school . c) . Procure, prepare, and distribute ballots . d) . Procure, prepare, and distribute Early Voting and election judge supplies . e) . Procure, prepare, and distribute tables and chairs, as needed, and transport equipment to and from the polling places . RESOLUTION & AGREEMENT JOINT ELECTION, MAY 1, 1993 - PAGE 3 a:solake.doc ?ie 3 0 Pr f) . Procure and deliver to polling places all OPTECH equipment. g) . Rent, if necessary, voting locations . h) . Provide lists of registered voters to the election judges . i) . Arrange for use of a Central Counting Station 0 and for tabulating personnel and equipment needed at the Counting Station and assist in preparation of programs and test materials for tabulation of the ballots to be used with electronic voting equipment. j ) . Publish notice of the date, time and place of the testing of the electronic tabulation equipment and conduct such testing. k) . Supervise the handling and disposition of election returns, tabulate unofficial returns and assist in preparing the tabulation for the official canvass . 1) . Prepare the unofficial canvass report after all precincts have been counted, and will deliver a copy of the unofficial canvass to the City and Independent School District. m) . Serve as custodian of election records and store election records as provided by law. n) . Conduct any required recounts . IV. CITY OF SOUTHLAKE 4 . 01 Each political subdivision including the City and all participating school districts shall have the following responsibilities in conducting this joint election on May 1, 1993 ; a) . The City shall be responsible for naming the election judge and alternate judge at—each voting location. The name and address of each judge shall be given to the County Election Administrator. b) . The participating City(s) and school district(s) shall designate voting sights giving preference to customary City locations . RESOLUTION & AGREEMENT JOINT ELECTION, MAY 1, 1993 - PAGE 4 a:solake.doc la- - 3/ c) . Maps or other handy reference guides containing the boundaries of each political subdivision should be made available to Tarrant County. d) . Prepare all election orders, resolutions, notices, and other pertinent documents for adoption for execution by the appropriate officer; and take all actions required by law for calling the election, appointing the presiding judges , alternate judges, establishing precincts and polling places , handling contests, canvassing the returns and declaring the results, including the spanish translation thereof. e) . Prepare and publish in the official newspaper, or post, all required election notices . f) . Deliver to the Elections Administrator as soon as possible, but no later than March 23, 1993 the official wording that is to be printed on the ballot with the exact form, order, wording and spelling that is to be used. g) . Prepare and submit to the U. S . Department of Justice under Section 5 of Voting Rights Act of 1965 , the required submissions on voting changes . h) . Canvass the official results of the election. 4 . 02 In consideration for the services and expenses provided by the Tarrant County Election Administrator and to pay for our share of the cost of conducting this joint election, we agree to pay the sum of $1, 875 . 00 to the Tarrant County. Election Administrator. It is understood that is twenty-five percent (25% ) less than our last similar election. 4 . 03 Should a recount or run-off election be required those costs associated with the recount or run-off, if any, are in addition to those contemplated in this agreement, and shall be negotiated at the time the need for said recount or run-off election is determined. 4 . 04 The official for all parties to contact for all purposes shall be listed at the end of the agreement. All notices and other deliveries under the agreement shall be delivered to said individual so listed. RESOLUTION & AGREEMENT JOINT ELECTION, MAY 1, 1993 - PAGE 5 a:solake.doe _3‘!" Pr MOTION made by , Seconded by , that the Resolution and attached Agreement, above and foregoing, be adopted; AYES: NOES: The above Resolution and Agreement was adopted at a meeting of the City Council held on the day of 1993 . City of Southlake Mayor, City of Southlake ATTEST: Secretary Official For Notice: Name Title Address ACCEPTANCE: On behalf of the Tarrant County Election Administration office, I hereby accept the terms of this Agreement contained in this Resolution. SIGNED this (V day of ;n , 1993 . ROBERT PARTEN Tarrant County Election Administrator 100 W. Weatherford Street Fort Worth, Texas 76196 RESOLUTION 6 AGREEMENT JOINT ELECTION, MAY 1, 1993 - PAGE 6 a:solake.doe MOTION made by , Seconded by , that the Resolution and attached Agreement, above and foregoing, be adopted; AYES: NOES: The above Resolution and Agreement was adopted at a meeting of the City Council held on the day of 1993 . City of Southlake Mayor, City of Southlake ATTEST: Secretary Official For Notice: Name Title Address ACCEPTANCE: On behalf of the Tarrant County Election Administration office, I hereby accept the terms of this Agreement contained in this Resolution. nu SIGNED this LA 1" day of Q/Lfla,IL/ , 1993 . hi 1 ROBERT PARTEN Tarrant County Election Administrator 100 W. Weatherford Street Fort Worth, Texas 76196 RESOLUTION & AGREEMENT JOINT ELECTION, MAY 1, 1993 - PAGE 6 a:solake.doc RETURN PAGE City of South lake, Texas MEMORANDUM CITY MANAGER January 28 , 1993 TO: Curtis Hawk, City Manager FROM: Chris Terry, Asst. to the City Manager SUBJECT: RESOLUTION NO. 93-19, APPOINTMENT OF MEMBERS TO A JOINT UTILIZATION COMMITTEE At the January 19 , 1993 City Council meeting the Council discussed creation of a Joint Utilization Committee to pursue cooperative projects between the City of Southlake and the Carroll I .S.D. Formation of this committee was proposed at the December 8, 1992 special City Council and Carroll I .S .D. Board Work Session. Staff recommended the following composition to such a committee during the discussion of this topic at the January 19, 1993 meeting: 2 members appointed by Southlake City Council . (at least one Councilmember) 2 members appointed by Carroll I .S .D. Board of Trustees . (at least one board member) Chairperson of the Parks and Recreation Board. C. I .S .D. and City staff . The Carroll I . S .D. has indicated that Buddy Luce and Bethann Scratchard will serve as C. I .S .D. Board of Trustee representatives . City and C. I .S .D. staff will also attend the regularly scheduled meetings of the Joint Utilization Committee. Attached is Resolution No. 93-19 establishing the Joint Utilization Committee with a suggested appointment structure. CT - City of Southlake,Texas RESOLUTION NO. 93-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING MEMBERS TO A JOINT UTILIZATION COMMITTEE. PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake, Texas formed a Joint Utilization Committee to work with City and Carroll I .S.D. staff in developing and implementing joint use projects; and, �{ WHEREAS, it has been established that the committee is to consist of at least five (5) members, with two (2) members appointed by the Southlake City Council and two (2) members appointed by the Carroll I .S.D. Board of Trustees with at least one ( 1) of each those individuals being a Councilmember and a board member, and the Chairperson of the Parks and Recreation Board serving in an ex-officio capacity; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS THAT: Section 1. All of the above premises are found to be true and correct and are incorporated into the body of this resolution as if copied in their entirety. Section 2 . The City Council desires to appoint the following members to serve on the Joint Utilization Committee: 1 . 2 . 3 . Buddy Luce 4 . Bethann Scratchard 5 . Janet Murphy Section 3 . This resolution shall become effective after its passage and adoption by the City Council. PASSED AND APPROVED this the day of CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra L. LeGrand City Secretary City of Southiake,Texas MEMORANDUM December 28 , 1992 TO: HONORABLE MAYOR FICKES AND COUNCILMEMBERS FROM: Sandra L. LeGrand, City Secretary SUBJECT: 1 solution No. 93-04 , Appointment of a Representative to CONET Once again it is time to. appoint a Councilmember to serve as a voting representative to CONET, an organization formed as a Cooperative Network Enhancing Transportation in this area. The appointment is made for a one ( 1) year period, with the Representative being a member of the City Council . The Alternate Member is to be appointed from City Staff . Currently Barry Emerson serves as the voting representative, and Mike Barnes as the Alternate member. Dues are $25 . 00 per year and the group meets at a different city each month. Mike Barnes currently serves as president of CONET. If you have questions, please give me a call . X. isl City of Southlake,Texas RESOLUTION NO.93-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTMENT OF A REPRESENTATIVE TO CONET; PROVIDING AN EFFECTIVE DATE. WHEREAS, CONET (Cities/Chambers of Northeast Tarrant County) is an drrganization formed as a Cooperative Network Enhancing Transportation in this area; and, WHEREAS, it is suggested that the Representative is hereby deemed to be a Representative of Council and the Alternate Representative be a member of the City Staff ; and, WHEREAS, the organization is represented in voting by member cities on an equal basis , each city having the same voice; and, WHEREAS, the selection of representatives from Southlake for 1992-93 is necessary; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1 . That all the above premises are found to be true and correct and are incorporated into the body of this resolution as if copied in their entirety. Section 2 . That the City Council hereby appoints to serve as Council Representative, and to serve as Alternate Representative, to serve 1992-93, under this resolution. Section 3 . That the appointments are to become effective upon approval of this resolution by the City Council . PASSED AND APPROVED this the day of , 1993 . CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor ATTEST: Sandra L. LeGrand City Secretary Ica RTf-LDING . BARRETT TEL : 1 7 -550 - 953 Jan 2? , `_a •: = 1 r No _001 P . 02 MEMORANY UM TO: Curtis Hawk, City Manager FROM: Analeslie Muncy DATE: Januauy 26, 1993 RC: Sammons Cable Franchise The following is a list of issues regarding the Sammons cable franchise that the city council may want to discuss at their meeting next week : (1) Fee_ Sammons is agreeing to pay as a franchise fee, 5% of the gross amount received from the operation of all facets of the company's business arising from operations within the city. This is the best that you can get, and I see no reason to quibble about it. Your franchise with Cablevision only pays 3% of gross service revenues, which is a smaller base. (2) Payments. They propose annual payments. For the small • area they cover, this may be fine; however, as a general principle, the city should try to get payments quarterly. (3 ) Federal law. The draft franchise is written pursuant to the 1984 federal cable law. It needs to be updated to take the 1992 law into account. (4) Rates. The new federal law allows local governments to regulate rates under certain conditions . It requires going through the FCC, and may be more trouble than it is worth. Nevertheless, it is an option the city should keep open for the future. This will require rewriting the rate section, but I recommend doing it in case problems arise later. (There is language in the Cablevision franchise that I believe allows the city to conform that franchise with any new federal legislation. You may also want to consider • talking to Cablevision on this issue. ) (5) Extension of service. This proposal does not require Sammons to extend service beyond their current cable facilities. Cablevision is required to serve the entire city. There should at least be some discussion of the consequences of this, if any. (6) Term.. Fifteen years is standard for cable franchises. • I see no problem with the length so long as the flexibility is built in to take advantage of changes in federal law. (7) Transfer. Having authority to approve transfers is important, this proposal gives the city that authority. ,FIELI,IING . BARRETT TEL : 817-560-3953 Jan 27 ,93 8:17 No .001 P .03 (8) Operational Standards_ The cablevision franchise contains operational standards. It may not be feasible to require operational standards from Sammons considering the size of their operation in Southlake, but this is another item which probably should be discussed. I would suggest that someone on the staff prepare a comparison between the Sammons proposal and the Cablevision franchise on all significant issues. This will be the only way to be sure that you do not generate some equity issue when you approve the Sammons franchise. It can be argued that Sammons' franchise fee proposal • will offset some of the more onerous requirements placed on Cablevision; however, that is a matter you and the council mast decide. Cityof Southake G./ r4' Mayor: December 1, 1992 /,MJ` 4 Gary Fickes //�V )14)Mayor Pro Tern: Richard W.Wilhelm • \�/ Mr. Tom Soulsby Councilmembers: Sammons Cable Services f� r �j \ \Barry K. Ernerson 4528 W. Vickery Blvd. �I�� \ Jerry Farrier Fort Worth, Texas 76107 Stephen W.Apple Sr. Jon Michael Franks Michael J.O'Brien Dear Mr. Soulsby: City Manager: It has come to my attention that Sammons Cable Services Curtis E.Hawk is currently providing cable television service to Citysecretary: locations within the boundaries of the City of Southlake. Sandra L.LeGrand The City' s records indicate that Sammons Cable Services has never applied to the City for authority to operate cable service in the City. Under Chapter X of the Charter of the City of Southlake, the City requires all public utilities, including cable television, to obtain • a franchise before operating within the City. Please furnish to the City within 30 days, a general map outlining the location, character, size, length, and terminals of all facilities that Sammons Cable Services has installed within the City. In order to continue operating in the City, Sammons must obtain a franchise from the City Council. You should begin the process for obtaining a franchise immediately. If you have any questions concerning this request for information or if you need assistance in applying for a franchise, please contact me at 481-5581, ext. 702 . We look forward to working with you. Sincerely, Curtis E. Hawk City Manager • CEH/kb 667 North Carroll Avenue - Southlake. Texas 76092 (817) 481-5581 - FAX (817) 481-0036 //�r'3 "AN 1 ()UAL OPI'OI?TUNI UV(-MPLi'Fir SAMMONS CABLE SERVICES P.O. HHox 2666 DEC 2 11992 Ul FORT WORTH, TEXAS 76113 (817) 737-4731 OFFICE OF CITY MANAGER G;()L December 18 , 1992 Mr. Curtis E. Hawk City Manager City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Dear Curtis: Per your request of December 1, 1992 , enclosed is a copy of the franchise to operate and maintain a cable television system in the City of Southlake. If you have any questions or comments please feel free to contact me. Sincerely, i Rill/ Tom Soulsby General Managfr TS :hpr Enclosures cc: Heather Kreager w/out Encl. Geary Stills w/out Encl. // AN ORDINANCE GRANTING A FRANCHISE TO SAMMONS COMMUNICATIONS, INC. , A DELAWARE CORPORATION, ITS SUCCESSORS OR ASSIGNS, TO OWN AND OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF SOUTHLAKE, TEXAS, SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE. WHEREAS, it is the mutual desire of the City of Southlake and Sammons Communications, Inc. to adopt a cable television franchise on the terms and conditions set forth herein. NOW, THEREFORE, it is hereby resolved by the City of Southlake . that the following Cable Television Franchise Ordinance be and the same is hereby adopted. SECTION 1: Short Title. This Ordinance shall be known and may be cited as the "Sammons Communications, Inc. Franchise Ordinance. " SECTION 2 : Definitions. For the purpose of this Ordinance the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (a) "City" is the City of Southlake in the State of Texas. (b) "Company" is the grantee of rights under this Ordinance awarding a franchise, being Sammons Communications, Inc. (c) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. (d) "Cable Television System" or "System" shall mean a system of antennae, cables, wires, lines, towers, waveguides or other conductors, converters, equipment or facilities designed and constructed for the purpose of producing, receiving, amplifying and distributing audio, video and other forms of electronic or electrical signals located in the City. (e) "Gross Subscriber Revenues" shall mean the gross amount received from the operation of all facets of the Company's business arising from operations within the City. SECTION 3 : Qualifications of Grantee and Grant of Author- ity. A public hearing concerning the franchise herein granted to the Company was held on at o'clock at the Public notice of said hearing was given in the on , which notice //6' 5— invited interested parties to participate in said hearing and comment upon the legal, character, financial, technical and other qualifications of the Company to operate a Cable Television System in the City. Said hearing having been held on the date and place stated hereinabove, and said hearing having been fully open to the public, and the City having received at said hearing all comments regarding the qualifications of the Company to receive this franchise, the City hereby finds that the Company possesses the necessary legal, technical, character, financial and other qualifications, acid that therefore the City hereby grants to the Company a non-exclusive franchise, right and privilege to construct, erect, operate, modify and maintain in, upon, along, across, above and over and under the highways, streets, alleys, sidewalks, public ways and public places now laid out or dedicated and all extensions thereof, and additions thereto, in the City, poles, wires, cables, underground conduits, manholes and other television conductors and fixtures necessary for the maintenance and operation in the City of a Cable Television System for the purpose of distributing television and radio signals and various communications and other electronic services to the public. The right so granted includes the right to use and occupy said streets, alleys, public ways and public places and all manner of easements for the purposes herein set forth. SECTION 4 : Franchise Term. The Franchise granted the Company herein shall terminate 15 years from the date of grant. The Company shall be entitled to apply for franchise renewal pursuant to the procedures described in the Cable Communications Policy Act of 1984 as amended. SECTION 5: Payments to the City. The Company shall, during each year of operation under this Franchise, pay to the City an annual sum of five (5%) percent of the Gross Subscriber Revenues received by the Company from operations within the City for the prior year. At the time of payment, the Company shall furnish the City with a report showing the Company's annual Gross Subscriber Revenues during the preceding year. Each annual payment will be made to the City within 30 days after the end of each year. Such sum shall be compensation for the rights, privileges and Franchise and in consideration of permission to use public streets and ways within the City and in lieu of street and alley rentals and charges for supervision for use of public streets and ways within the City. SECTION 6: Records and Reports. The Company shall keep full, true, accurate and current books of account reflecting Gross Subscriber Revenues, which books and records shall be made available for inspection and copying by the City's designee at all reasonable times subject to the privacy provisions of the Cable Communications Policy Act of 1984 as amended. 2 �l-�� 6 SECTION 7: Rates. Attached hereto and made a part of this franchise as Exhibit A is a schedule of current rates for basic cable television service. Such rates may be increased or decreased by Sammons from time to time. SECTION 8: Complaint Procedures. The Company shall maintain an office accessible by a toll free telephone number 365 days a year, 24 hours a day, to receive service complaints. Such complaints shall be responded to within 24 hours excepting delays resulting from Acts of God, strikes or other circumstances beyond the control of the Company. Any service complaints from subscribers shall be investigated and acted upon as soon as possible. The Company shall keep a maintenance service log which will indicate the nature of each service complaint and the time and date thereof. This log shall be made available for periodic inspection by the City. SECTION 9 : Liability and Indemnification. The Company shall pay, and by its acceptance of this the Franchise the Company expressly agrees that it will pay, all damages and penalties which the City may legally be required to pay as a result of the Company's negligence in the installation, operation or maintenance of the Cable Television System authorized herein. The City shall notify the Company's representative within fifteen (15) days after the presentation of any claim or demand to the City, either by suit or otherwise, made against the City on account of any negligence or contract as aforesaid on the part of the Company. The Company further agrees as follows: (a) Company shall carry Worker's Compensation insurance, with statutory limits, and Employer's Liability insurance with limits of not less than One Hundred Thousand Dollars ($100, 000) , which shall cover all operations to be performed by Company as a result of this Ordinance. (b) Company shall carry Comprehensive General Liability and Comprehensive Automobile Liability insurance with bodily injury limits of not less than Five Hundred Thousand Dollars ($500, 000) per occurrence, and property damage limits of not less than Five Hundred Thousand Dollars ($500, 000) . (c) Company agrees to furnish City with certificates of insurance of said policies, which shall provide that insurance shall not be cancelled unless ten days' prior written notice shall first be given to City. (d) It is expressly agreed and understood that the Company is an independent contractor and in no event shall Company's employees be deemed to be employees of the City. 3 ��'7 SECTION 10: System Construction, Maintenance and Procedures (a) Upon grant of this Franchise to construct and maintain a community television system in the City, the Company may enter into contracts with Light, Gas and Water divisions of the City, any Public Utility companies or any other owner or lessee of any poles located within or without the City to whatever extent such contract or contracts may be expedient and of advantage to the Company for use of poles and posts necessary for proper installation of the System, obtain right-of-way permits from appropriate state, county and federal officials necessary to cross highways or roads under their respective jurisdictions to supply main trunk lines from the Company's receiving antennae, obtain permission from the Federal Aviation Authority to erect and maintain antennae suitable to the needs of the System and its subscribers and obtain whatever other permits a city, county, state or federal agency may require. In the construction, installation and maintenance of its System, the Company will use steel, cable and electronic devices, all of specialized and advanced design and type. In the operation of its System, the Company will employ personnel with training, skill and experience in electronics and communications. Neither material nor personnel of this sort may be available to the Company for its System in the event of a war or other similar national emergency. (b) The Company's system, poles, wires and appurtenances shall be located, erected and maintained so that none of its facilities shall endanger or interfere with the lives of persons, or interfere with any improvements the City may deem proper to make, or unnecessarily hinder or obstruct the free use of the streets, alleys, bridges, easements or public property, and shall be in compliance with all National Electric Code clearance requirements. (c) The Company may but shall not be required to extend its current cable facilities. (d) All transmission and distribution structures, lines and equipment erected by the Company within the City shall be so located as to cause minimum interference with the proper use of streets, alleys and other public ways and places, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways and places. (e) In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the Company shall, at its own cost and expense and in a manner approved by the City, replace and restore all paving, sidewalk, driveway or surface of any street or alley disturbed in as good condition as before said 4 /1 --c work was commenced considering the nature of the work. (f) In the event that at any time during the period of this Franchise the City shall lawfully elect to alter or change the grade of any street, alley or other public way, the Company upon reasonable notice by the City, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense. (g) The Company shall not place poles or other fixtures where the same will interfere with any properly located gas, electric or telephone fixture, water hydrant or main, and all such poles or other fixtures placed in any street shall be placed at the outer edge of the sidewalk and inside the curb line, and those placed in alleys shall be placed close to the line of the lot abutting on said alley, and then in such manner as not to interfere with the usual traffic on said streets, alleys and public ways. (h) The Company shall, on the request of any person holding a building moving permit, issued by the City, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person holding the same, and the Company shall have the authority to require such payment in advance. The Company shall be given not less than 5 business days' advance notice to arrange for such temporary wire changes. (i) The Company shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of the Company. SECTION 11: Line Extensions. Where the Company elects to extend its cable facilities, Company shall extend service to new subscribers, at the normal installation charge and monthly rate for customers of that classification, under the following terms and conditions. (a) Where the new subscriber, or nearest subscriber of a group of new subscribers is located within 500 feet of existing trunk cable; and (b) Where the number of homes to be passed by such new extension cable plant exceeds or equals 50 homes per mile of such new extension cable plant. (c) In the event the requirements of subsections (a) and (b) are not met, the installation cost per subscriber shall be 5 determined as set forth in Exhibit B attached hereto. SECTION 12 : Compliance with Standards. All facilities and equipment of Company shall be constructed and maintained in accordance with the requirements and specifications of the National Electrical Safety Code and such applicable ordinances and regulations set forth by the City and/or any other local, state or federal agencies. SECTION 13 : Company Rules and Regulations. The Company shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable the Company to exercise its rights and perform its obligations under this Franchise, and to assure uninterrupted service to each and all of its customers. However, such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof or of federal and state laws. SECTION 14 : Procedures. The Company shall be a party to any proceeding in which its rights, privileges or interests would be affected and shall be fully entitled to due process rights. SECTION 15 : Approval of Transfer. The Company shall not sell or transfer its System to another, nor transfer any rights under this Franchise to another without written approval by the City, provided that such approval shall not be unreasonably withheld if the vendee, assignee or lessee has filed with the appropriate official of the City an instrument duly executed, reciting the fact of such sale, assignment or lease, accepting the terms of this Franchise and agreeing to perform all conditions thereof. SECTION 16: Compliance with FCC Rules and Regulations. The Company shall, at all times, comply with the rules and regulations governing CATV operations promulgated by the FCC. This shall include adherence by the Company to FCC rules regarding technical and engineering specifications involved in the construction of the CATV System and signal carriage therein. SECTION 17 : Publication Costs. The Company shall assume the costs of the publication of this Franchise as such publication is required by law. A bill for publication costs shall be presented to the Company by the appropriate City officials upon the Company's filing of its acceptance of this Franchise and the said publication costs shall be paid at that time by the Company. 6 SECTION 18: Activities Prohibited. The Company shall not allow its cable or other operations to interfere with television reception of persons not served by the Company. SECTION 19: Separability_. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court or agency of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validLty of the remaining portions hereof. SECTION 20: Ordinances Repealed. All ordinances or parts thereof in conflict with the provisions of this Ordinance are hereby repealed. BE IT FURTHER ORDAINED that this Ordinance take effect from the date it shall have been passed by the appropriate authoritative body, and become effective as otherwise provided by law. CITY OF SOUTHLAKE ATTEST: By Mayor City Clerk Date: 7 /1,6--ii EXHIBIT A BASIC SERVICE RATES A. Primary Outlet Installation 1. Standaird Installation a. Aerial $ 45.00 b. Underground where other utilities $ 75.00' are aerial A standard installation consists of a drop of 150 feet or less from the feeder line to the customer's residence. In the case of an underground installation, a standard installation shall be less than 150 feet and shall not include those installations requiring conduit or cutting of streets, sidewalks or other paved areas. 2 . Non-Standard Installation Company's cost of labor and materials plus 10% B. Expanded Basic Monthly Service $ 19.95 C. Basic Monthly Service $ 7.95 8 ///!>' /Z EXHIBIT B LINE EXTENSION FORMULA Where the Company elects to extend its trunk and distribution system to serve new subscribers requesting service after the date hereof, the Company will provide service at the normal installation charge and month0.y rate under the following terms and conditions. (a) Where the new subscriber or subscribers requesting service are all located within 500 feet from the existing trunk cable; and (b) Where the number of homes to be passed by such extension is equal to or greater than 50 homes per mile of such extension. In the event that the requirements set forth in (a) and (b) above are not met, Sammons will extend its cable television system based upon the following cost-sharing formula. 1) Total Cost to Construct Extension* = Cost Per Mile Miles of Extension of Extension 2) Total Cost Per Mile of Extension = Company's Share 50 Per Home 3) Total Cost to Construct Extension = Cost Per Subscribers Requesting Service Subscriber 4) Cost Per Subscriber minus Subscriber's Company's Share Per Home = Share * Total Cost to Construct Extension is defined as the actual turn-key cost to construct the entire extension including electronics, pole make-ready charges, labor and the cost of the house drops. Sammons does not assess any additional cost for service drops of 150 feet or less. For drops greater than 150 feet, the subscriber must pay for the additional feet on a cost-plus-labor basis. //./6 -/3 SAMMONS CABLE SERVICES P.O. Box 2666 FORT WORTH, TEXAS 76113 (817) 737-4731 January 18 , 1993 Mr. Curtis Hawk City Manager City of Southlake 667 N. Carroll Ave. Southlake, TX 76092 Dear Mr. Hawk: Here is the map the shows the area that we service. If you have any questions or comments please feel free to contact me. Sincerely, Tom Soulsby, General ManaOr TS :hpr Enclosures FAWKES 4.1 W V � O h • KELLER SOUTHLAKE ac 4e: � F' � W ry fJ J -J Q @ 0 �U J Ix ra J! 1 V -I>! 1 Ot JOHNSON a. 0.� GRAY t__ SOUtN�PK6 J 02 SCALE: I' = 1500' 1 (APPROX.) mil- ^CABLE IN SOUTHLAKE "`""-i-- �---- SOUTHLAKE CITY LIMITS _..,.....,.UNION„CHURCH..._ . _.._. . - ....,.« ...... _,..._ KELLER TOTAL 32;552' (6.17 MI.) /(k- iS ORDINANCE NO. q R AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS GRANTING TO CADLEVISION MANAGEMENT, INC. , AN ARKANSAS CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO ERECT, MAINTAIN AND OPERATE ITS POLES, TOWERS, ANCHORS, WIRES, CABLES, ELECTRONIC CONDUCTORS, CONDUITS, MANHOLES AND OTHER STRUCTURES AND APPURTENANCES NECESSARY OR USEFUL IN ERECTING, MAINTAINING AND OPERATING A COMMUNITY ANTENNA OR CABLE TELEVISION SYSTEM IN, OVER, UNDER, ALONG AND ACROSS THE PUBLIC STREETS, HIGHWAYS, ALLEYS, BRIDGE:; AND OTHER PUBLIC WAYS AND PLACES IN THE CITY OF SOIJTHLAKF.; PRESCRIBING COMPENSATION FUR THE PRIVILEGES CONFERRED UNDI9R THE FRANCHISE; PRESCRIBING THE CONDITIONS GOVERNING THE OPERATION OF THE BUSINESS INSOFAR AS IT AFFECTS THE USE OF PUBLIC PROPERTY FOR THE PURPOSE OF SUCH BUSINESS; PRESCRIBING RULES AND RE;;ULAT'IONS GENERALLY FOR THE OPERATION OF SAID BUSINESS UNDER THIS GRANT; AND PROVIDING IU12 SEVERABILITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE: Section 1. SHORT TITLE. This ordinance shall be known and may be cited as the City of Southlake - Cablevision Management, Inc. CATV Franchise Ordinance. Section 2. DEI•'INI'TIONS. For the purposes of this ordinance the following terms, phrases, words, abbreviations and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the sinyul)r number inclu:1e the plural number. The word "shall" is always mandal.orp, and not merely directory. A. "City" shall mean the City of Southlake, Texas, a munici • - pal corporation of the State of Texas. B. "City Council" shall mean the present governing body of the City or any successor to the legislative powers of the present City Council. C. "Person" shall mean any person, firm, partnership, asso- ciation, corporation, company, or organization of any kind. D. "Grantee" shall mean Cablevision M.,nagement, Inc. (hereafter called "CMI", or "Company", or "Grantee") , or any person or entity who succeeds CMI as assignee of CMI in accordance with the provisions of this ordinance. E. "Initial Service Area" shall mean those areas of iniLial distribution of Cable Television services within the City shown by an Initial Service Area Map to be provided by Grantee and submitted to the City Council by November 15, 1985. F. "Basic Service" shall mean the simultaneous delivery by Grantee to the television receivers, or any other suitable type of audio-video communication receivers, of all of its subscribers of all broadcast signals authorized for carriage by the FCC and of all regular non-broadcast signals provided to all of its subscribers. G. "Premium Service" (Pay Television) shall mean the delivery over the CATV system of video and audio signals in intelligible form to subscribers for a fee or charge over and above the charge for basic or full services, on a' per program, per channel or other subscription basis. H. "Channel" shall mean a hand of frequencies, six megahertz wide, in the electro-magnetic spectrum which is capable of carrying either one audio-video television signal and a number of non-video signals, or several thousand non-video signals. I. "Federal Communications Commission" shall mean that agency as presently constituted by the United States Congress or any suc- cessor agencll. J. "FCC" shall mean the Federal Communications Commission. K. "Street" shall mean the surface of and the space above and below any public street, road, highway, alley, bridge, sidewalk, or other public place or way now or hereatter held by the City Eor the purpose of public travel and shall include other easements or rights of way now held or hereafter held by the City which shall, within their proper use and meaning, entitle they City and Grantee to the use thereof for the purposes of installing or transmitting CATV system transmissions over poles, '.sires, cables, conductors, con- duits, manholes, amplifiers, appurtenances, attachments, and other structures, equipment, and facilities as may be ordinarily necessary and pertinent to a CATV system. L. "CATV System" shall mean a system of cables, wires, lines, towers, wave guides, microwave, lsscer beams, or any other conver- ters, equipment, or facilities designed and constructed for the pur- pose of producing, receiving , amplifying, and distributing by audio, video and other forms of electronic or electric signals to and from subscribers and Locations in the City. M. "CATV" shall mean community antenna television. N. "Converter" shall mean an electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber and by appropriate channel selec'.or also permits subscriber to view all signals delivered at designated dial locations. O. "Gross Service Revenue" shall mean all revenues collected by the Grantee for subscriptions to Basic Services, Premium Services, and Converter rentals. P. "Gross Revenues" shall mean all revenues collected by the Grantee, including, but not limited to, Basic Service Revenues, Premium Service Revenues, and any other source of revenues received by the Grantee in its operation of t • CATV system under this franchise. Gross Revenues shall not include any taxes which are imposed on any subscriber or user of the CATV system by any govern- mental unit and collected by Grantee for such governmental unit nor any customer deposit. Section 3. GRANT OF AUTHORITY/EFFECTIVE DATE. a. There is hereby granted to Cableviaion Management, Inc. , an Arkansas corporation, and its successors and a..signs, hereinafter. called "Grantee", subject to the provision, of sub paragraph (h) hereof, for the term of fifteen year:; Irene September 1, 198S, the ' right, privilege ant franchise to have, acquire, construct , reconstruct, maintain, use and operate in, over, under , along and across the present and future streets, highways, alleys, bridges, /7/6- '17 and public ways and places of the City all necessary or desirable poles, towers, anchors, wires, cables, electronic conductors, underground conduits, manholes and other structures and appurtenan- ces necessary for the construction, maintenance and operation of a system and service for receiving, amplifying and/or distributing television, radio, and other electronic signals, hereinafter called a "community antenna or cable television system", in the City of Southlake, Texas. This Ordinance and all authority granted herein shall be effective Erom and after its passage and approval. Provided, all rights contained heroin shall be void iE Grantee fails to file an acceptance as required by Sect.inn 25 hereof or iE the Initial Service Area Map is disapproved by the City Council on or before November 20, 1985. (b) Grantee understands, acknowledges and agrees that Grantee shall have basic and premium service available for reception by 95% of all resident tial homes and households within ten (10) years from the effective date of this Franchise, and that -upon failure of Grantee to have provided such service, the then existing City Council of City shall have the right under this Agreement and this provision to cancel this Franchise upon sixty (60) days written notice to Grantee. Section 4. FRANCHISE TERRITORY AND LINE EXTENSION POLICY. A. This franchise shall be for the present territorial limits of the City and for any area henceforth added thereto during the term of the franchise. The Grantee hereby agrees to provide cable television service to all residences within the Initial Service Area prior to February 15, 1986. B. Upon completion of installation of the cable television system in the Initial Service Area as described above, the Grantee shall extend its services to all other areas within the present City Limits or annexed to the City subsequent to the effective date of this ordinance to the extent the average number of dwelling units passed by the Grantee's signal carrying] cable is not reduced belev 40 dwelling units per mile. Section 5. COMPLIANCE WITH APPLICABLE LAWS. The work and activity done in connection with the construction, reconstructicn, maintenance, operation, or repair of Grantee's CATV system shall be subject to and govern' ' by all present and future laws, rules and regulations of the City, the State of Texas, the United States of America, the FCC, and any other state or federal agency having jurisdiction over such matters. Section 6. SUBJECT TO POLICE POWERS OF THE CITY. The construction, maintenance, and operation of Grantee's CATV system and all property of Grantee subject to the provisions of this ordinance shall be subject to all lawful police powers, rules, and regulations of the City. The City shall have the power at any time to order and require Grantee to remove or abate any pole, line, tower, wire, cable, guy, conduit, electric conductor, or any other structure or facility that is dangerous to life or property. In the event Grantee, after written notice, fails or refuses to act, the City shall have the power to remove or abate the same at the expense of the Grantee, all without compensation or liability for damages to Grantee. Section 7. USE, RENTAL OR LEASE ON UTILITY POLES AND FACILITIES. There is hereby granted to Grantee the authority to contract with the City .or with an appropriate board or agency thereof or with the holder or owner of any utility franchise in the City for the use, rental or lease of its or their poles, underground conduits and other structures and facilities for the purpose of extending, carrying or laying Grantee's wires, cables, electronic conductors and other facilities and appurtenances necessary or useful in receiving, amplifying and distributing television, radio, and other electronic signals and in providing community antenna or cable tele- vision service in the City. • -3- Section 8. CONDITIONS OF STREET OCCUPANCY. A. Use. All transmission and distribution structures, lines, equipment and facilities erected or maintained by Grantee within the City shall be so located as to cause minimum interference with the proper or intended use of streets, highways, alleys, bridges and other public ways and places, and to cause minimum interference with the rights or reasonable convenience of owners of property adjoining any of said streets, highways, alleys, bridges or other public ways. 0. Cuttinc of Street. Surface. Nu surface of any pa•:_d street shall be cut or disturbed by Grantee in laying, constructing, main- taining, operating , using, extending, removing, replacing , or repairing its CATV system without prior notice to the City or its designated representative. If t'.hr city or its dosignat.•,1 represen- tative is of the opinion that such cut or distuthance of 1 paved streets surface could not be timely and satisfactorily repaired or restored, the City may require Grantee's proposed wore: ro be per- formed by tunnelling under such paved surface rather than ay cutting same. C. Restoration. The surface of any street disturbed by Grantee in laying, constructing , maintaining, operating, using, extending, removing, replacing, or repairing its CA'CV system shall be restored by Grantee immediately after the completion of the work, at its cost and expense, to as good a condition as before the commencement of the work and maintained by Grantee to the satisfac- tion of the City, or of any City official to whom such duties have been or may be delegated, for one year from the date of completion of such restoration work. No street shall be encumbered by construction, maintenance, removal, restoration, or repair work by Grantee for a longer period than shall he necessary to ex:=-ute such work . If , in the opinion of the City Council , there is an unreaso- nable delay by Grantee in restoring and maintaining streets after such excavations or repairs have been made, the City shall have the right without further notice to restore or repair the same and to require Grantee to pay the reaaon,rhl.1 cost of such restoration or repair. D. Relocation. Whenever by reason of the construction, repair, maintenance, relocation, widening, raising, or lowering of the grade of any street by the City or by the location or Banner of construction, reconstruction, maintenance, or repair of any public property, structure, or facility by the City, it shall be .teemed necessary by the City for Grantee to move, relocate, ch,rn;- , alter, or modify any of its facilities or structures, such chanje, reloca- tion, alteration, or me,lif icirtiorr shall he promptly made? ay Grantee, at its cost and expense, whee 11reeta) in writing to do se by the City, without claim for or right or reimbursement of cost er damages against the City. In the event Grantee, after such notice, fails or refuses to commence, puraee, or complete such relocation work within a reasonable time, the City shall have the authority, but not the obligation, to remove or abate such structures or facilities and to require Grantee to pay to the city reasonable cost of such removal or abatement, all without compensation or liability for damages to Grantee. E. Temoorar Removal of. Wire for Building_Moving. Grantee, upon written request of any person holding a building moving permit issued by the City, shall remove, raise, or lower its wires and cabl?s temporarily to permit the moving of houses, buildings, or other bulky structures. The reasonable expense of such temporary removal, raising, or lowering shall be paid by the benefitted person and Grantee may require such payment in advance, it being without obligation to remove, raise, or lower its wires and cables until such payment shall have been made. Grantee shall be given not less than forty-eight (48 ) hours, advance written notice to arrante for such temporary wine and cnlslrs adj,e:t.un•nt F. Tree Trimming. Grantee shall have the authority, to the same extent that the City or a utility has such authority, to trim trees upon or overhanging streets, highways, alleys, sidewalks, -4- bridges or other public ways or places of the City in order -to pre- vent the branches of such trees from coming into contact with the wires, cables, electronic conductors or other facilities or equip- ment of the Grantee. G. Placement of Fixtures. The Grantee shall not place poles, towers or similar fixtures where the same will interfere with any gas, electric or telephone fixtures, water hydrant or main, drainage facility or sanitary sewer, and all such poles, towers or similar fixtures shall be placed in such manner as not to interfere with the, usual travel or use of streets, highways, alleys or other public ways or places. H. ApprovaloE Plans and Specifications. Grantee shall not place poles, towers or similar fixtures where the same will inter- fere with any gas, electric or telephone fixtures, water hydrant or main, drainage facility or sanitary sewer, and all such poles, towers or similar fixtures shall he placed in such manner as not to interfere with the usual travel or use of streets, highways, alleys or other public ways or places. Section 9. INDEMNIFICATION. Grantee shall indemnify and save the City whole and harmless from any and all claims for injury or damage to persons or property occasioned by or arising out of the construction, erection, main- tenance, repair or operation of said community antenna or cable television system or by the conduct of Grantee's business in the City. The Grantee shall pay and by its acceptance of this franchise, the Grantee specifically agrees that it will pay all expenses incurred by the City and not covered by liability insurance in defending itself with regard to all claims mentioned above. Section 10. LIABILITY INSURANCE. A. Minimum Coveralce. Within thirty (30) days after the effec- tive date of this ordinance, Grantee shall file with the City Secretary and shall maintain on file throughout the term of this franchise a liability insurance policy issued by a company duly authorized to do business in the State of. Texas insuring the City and Grantee with respect to the installation, maintenance, and operation of Grantee's CATV system in the following minimum amounts: (1) One Person. Five Hundred Thousand Dollars $500,000.00) for bodily injury or death to any one person. (2) One Accident. One Million Dollars ($1,000,000.00) for bodily injury or death resulting from any one accident. (3) Pro2erty_Damacge. Five Hundred Thousand Dollars ($500,000.00) for property damage resulting from any one occurrence. (4) All Other Types of Liability. One Hundred Thousand Dollars ($100,000.00) for all other types of liabilities. B. Notice of Cancellation or Reduction. Said policy of liabi- lity insurance shall contain the provision that written notice of expiration, cancellation, or reduction in coveraje of the policy shall be delivered to the City Secretary and to the Grantee at least thirty (30) days in advance of the effective date thereof. C. Term. Such liability insurance shall be kept in full force and effect by Grantee during the existence of this franchise and thereafter until after the removal of all poles, wires, cables, underground conduits, manholes, and other conductors and fixtures • incident to the maintenance and operation of Grantee's CATV system, should such removal be required by City Council or undertaken by Grantee. -5- Section 11. INSTALLATION SCHEDULE. A. Permits, Licenses and Certificates. Within thirty (30) days after the acceptance of this franchise ordinance, Grantee shall proceed with due diligence to obtain all necessary permits and authorizations which are required in the conduct of its business including , but not Limited to, utility joint-use attachment agreements, and permits, licenses, authorizations, and certificates to be granted by duly constituted local, state, and federal govern- mental entities and regulatory agencies having jurisdiction over the installation and operation of the CATV system. B. Start of Construction. Within sixty (60) days after obtaining all necessary permits, licenses, authorizations, and cer- tificates, Grantee shall commence construction and installation of its CATV system, subject to the conditions of this ordinance. C. Initial Rendering of Service. On or before February 15, 1986, Grantee shall complete construction in the Initial Service Area in accordance with the requirements of this franchise and the rules and regulations of the FCC and begin rendering service to all dwellings within the Initial Service Area. D. Compliance. Failure of Grantee to commence and diligently pursue each of the foregoing requirements and to abide by and to complete each of the matters set forth herein shall be grounds for termination of this Franchise. Provided, however, City Council in its discretion may extend the time for the commencement and comple- tion of construction and installation for additional periods in the event Grantee, acting in good faith, experiences delays by reason of circumstances beyond its control.. Section 12. OPERATIONAL STANDARDS. Grantee's CATV system shall be installed, maintained and operated in accordance with the accepted standards of the industry to the end that the subscriber may receive the best and most desirable form of service. Toward accomplishment of this purpose, Grantee and its CATV system shall meet the following minimum stan- dards and service offerings: A. Compliance with FCC Rules. Grantee shall comply with pre- sent and future rules and regulations of the FCC in connection with and relating to the operation of its CATV system. B. Quality of Color Sianals. Grantee's CATV system shall be capable of transmitting and passing the entire color television spectrum without the introduction of material degradation of color intelligence and fidelity. C. Rated for Continuance O eration. Grantee's CATV system shall be designed for twenty-four (24 ) hours a day continuous operation. D. Quality of Picture. Grantee's CATV system shall be capable of and shall produce a picture upon any subscriber's television screen, in black and white or color, provided the subscriber's tele- vision set is capable of producing a color picture, that is undistorted and free from ghost images and accompanied by proper sound, assuming the technical, standard production television set is in good repair and the television broadcast signal transmission is satisfactory. E. No Cross Modulation or Interference. Grantee's CATV system shall transmit or distribute signals of adequate strength to produce good pictures with good sound in all television receivers of all subscribers without causing cross modulation in the cables or inter- ference with other electrical or electronic systems. -6- F. Channel Capacity. Grantee's CATV system shall have a mini- mum channel capacity of fifty plus (50+) television channels. G. Converter-Parental Lockl Selection of Signal Number. Any converter offered or provided by Grantee shall be equipped with a parental authorization mechanism capable of allowing parents to block or limit access to certain Premium Service channels. H. Educational Channels. 0ne channel shall be reserved for the use of the Public Schools located within the City. Such chan- nels shall be provided free of charge. I. Standard of Care. Grantee shall at all times employ a high standard of care and shall install, maintain, and use approved methods and devices for preventing failure or accidents which are likely to cause damages, injuries, or nuisances to the public. J. Gradlpee's Office. Grantee shall maintain an office within the City and sufficient employees as ire necessary to promote good service and convenience to the public, and be so equipped and operated that complaints and requests for installation, repairs, or adjustments may be received and timely and reasonably answered. K. Service and Repair. Grantee shall render efficient ser- vice, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Insofar as possible, such interruptions shall be preceded by forty-eight (481 hours notice and shall occur during periods of minimum use of the CATV system. L. Service Calls. Grantee shall respond to all service calls within twenty-four (24 ) hours and correct malfunctions as promptly as possible, but, in all events, within seventy-two (72 ) hours after notice thereof. For the: purpose, Grantee shall maintain a com- petent staff of employees sufficient in size to provide adequate and prc.npt service to subscribers. M. City-SchoolL Receiving and Transmitting Capabilities. Upon request, Grantee shall provide, without charge, basic service to the City Hall , the Main Fire Station, and each public school within the City. The transmission path to City ((all shall be capable of both receiving and transmitting audio and video signals . N. Complaint Records. The Grantee shall maintain a written record or "log", listing date and time of customer complaints, iden- tifying the subscriber and describing the nature of the complaints and when and what actions were taken by the Grantee in response thereto; such record shall be kept at Grantee's Local office, reflecting the operations to date for a period of at least the pre- ceding twelve (12) months, and shall be available for inspection by the City during regular business hours. 0. Record of Facilities. During the life of the franchise, Grantee shall provide to the City current mapping indicating the location of Grantee's lines and facilities. Section 13. EMERGENCY USE OF THE CATV SYSTEM. In the event of an emergency or disaster, Grantee shall upon request of the City Council or its designated representative make available its facilities to the City for emergency use during the period of such emergency or disaster and shall provide such person- nel as may be necessary to operate its facilities under the cir- cumstances. Grantee shall provide a transmission path for an emergency interrupt whereby the City, in time of crisis, may be able to introduce a bulletin on all channels simultaneously. Section 14. COMPLIANCE WL'ril STATE AND FEDERAL LAWS. Notwithstanding any other provision of this ordinance to the contrary, Grantee shall at all times comply with all Laws, rules and -7- regulations of the state and federal governments and any administra- tive agencies thereof. If any such state or federal law, rule, or regulation shall require or permit Granted to perform any service or shall prohibit Grantee from performing any service in conflict with the provisions of this ordinance or any other ordinance, rule, or regulation of the City, then immediately following knowledge thereof Grantee shall notify City Council in writing of the point_ of conflict believed to exist between such stat:.' or federal law, rule, or regulation and this or other ordinance, rule, or regulation of the City. Section 15 . MODIFICATIONS BY FCC. It is specifically agreed by the City and Grantee that any modi- fications of the provisions of this ordinance resulting from amend- ment of the Rules and Regulations of the. FCC shall be incorporated into this franchise ordinance by the City Council within one year of the adoptiont of the amendment by the FCC, or at the time of the renewal of this franchise, whichever occurs first. Section 16. PAYMENT TO THE CITY. A. Amount and_Time. As compensation Eor the right, privilege and franchise herein conferred, Grantee shall pay to the City on or before March 31 of each year a sum equal to three percent (31) of Gross Service Revenues of the Company for the preceding calendar year. B. Late. Pay ent. In the event that any franchise payment or recomputed amount is not made nn or before the applicable dates heretofore specified, interest shall be charged from such due date at the annual rate of ten percent ( 10%) . C. Rightof Inspection of Records. The City shall have the right to inspect Grantee '.; records showing the gross reve::;-as from which payments to the City are computed and the right of scut_ and recomputstion of any and all amounts paid under this Cram_';i;e. No acceptance of payment shall he construed as a release or a ; an accord and satisfaction of any claim that City may have for further or additional sums payable under this franchise or for the perfor- mance of any other obligation hereunder. D. Other Pa•:ments to City. The franchise fey payable hereunder shall be exclusive cf and in addition to all ad .:s1orem taxes; special assessments for municipal improvements, and other lawful obligations of Grunt•, to the City. Section 17. RECORDS AND REPORTS. A. Office of Grantee. Grantee shall maintain an office in the City as long as it continues to operate its CATV system or any por- tion thereof . B. Notices. AIL notices, directions, orders, and requests may be mailed, served, or delivered under this oridinance to the office of Grantee in the City or to such other place as Grantee snail designate by writing filed with the City Secretary. C. Books of Account. Grantee shall keep complete and accurate books of accounts and records of its business and operations under and in connection with this franchise. All such books of account and records shall be available for inspection at Grantee's office in the City. D. Access by_City. The City, through its duly designated officers, agents or representatives, shall have access to all books of account and records of Grantee for ascertaining the correctness of any and all reports and may examine its officers and employees • -8- ///6 a3 under oath in respect thereto. Access shall be given by Grantee to such officers, agents, or representatives of the City at all reaso- nable times not only to Grantee's records of gross revenues and Gross Service Revenues, but also to all of Grantee's plans, contracts, engineering, planning, statistical, customer, and subscriber service records relating to the properties and operation of its CATV system. E. Annual Reaort. An annual report showing gross revenues received by Grantee for the preceding calendar year, prepared and certified to by an independent certified public accountant, and such other information as the City shall request, shall he filed by Grantee with the City Council within ninety (90) days following the end of each calendar year during which this franchise is in effect. Section 18. GRANTEE'S RULES. Grantee hall have the authority to promulgate such rules, regu- lations, terms, and conditions governing the conduct of its business as shall be reasonably necessary to enable Grantee to exercise its rights and to perform its obligations under this franchise ordinance and to assure an uninterrupted service to each and all of the subscribers to its service; provided, however, such rules, regula- tions , terms, and conditions shall not be in conflict with any of the provisions of this or any other ordinance of the City, the laws of the State of Texas, and the United States of America, and the rules and regulations of the FCC, and any other federal agency having jurisdiction. A copy of Grantee's rules, regulations, terms, and conditions shall be filed with the City and thereafter be main- tained current by Grantee. Section 19 . RATES. Rates charged by Grantee for basic service to subscribers shall be fair, reasonable and nondiscriminatory. During the 24 months following passage and approval of this ordinance, rates for services shall not exceed those contained in Exhibit "A" attached. A. Discontinuance of Service for Non-Payment. Grantee may disconnect installations and discontinue service to a subscriber upon failure to pay his or its bill within thirty ( 30) days of ren- dition; provided, however, Grantee shall give five (5) days' notice to a subscriber that service will be discontinued unless arrearages are paid before the expiration of the five (5) day period. B. Posting of Rates. Grantee shall publish and post in its local office a schedule of its rates and charges. Section 20. DISTANT EXTENS[C'; OF DISTRIBUTION CABLE. In the event that a potential subscriber's premises are located at some distance from a distribution cable, Grantee may charge 3n additional Eee to cover its cos:. of aerial extensions of over 250 feet and underground extensions of. over 100 feet from the Company's distribution cable. Section 21. PROHIBITION OF DISCRIMINATORY OR PREFERENTIAL PRACTICES. In its rates or charges, or in making available the services or facilities of the CATV system, or in its rules or regulations, or in any other respect, Grantee shall not make or grant preference or advantage to any subscriber or potential subscriber or to the user or potential user of the CATV system and shall not subject any such person to any prejudice or disadvantage. This provision shall not be deemed to prohibit pr,,motion.al campaigns to stimulate subscrip- tions to the CATV system or other legitimate uses thereof. -9- Section 22. PROTECTION OF SUBSCRIBER PRIVACY. Subscriber Lists. The Grantee shall not, without prior valid authorization from each subscriber so affected, provide any list designating subscriber's names or addresses to any other party except where required under contract for provision of premium ser- e vice and in accordance with laws of the United States or the State of Texas . Section 23. REVOCATION OF FRANCHISE. Subject to the laws of the United States and the State of 'texas, but in addition to all other rights and powers of the City by virtue of this franchise ordinance or otherwise, the City reserves the right to terminate and cancel this franchise and all rights and pri- vileges of Grantee hereunder in any of the following events or for any of the (following reasons: A. VIOLATION OF PROVISIONS. If Grantee shall by act or omission violate any term, condition, or provision of this franchise ordinance ( including specifically Section 3(b) hereof ) and shall fail or refuse to effect compliance within sixty (60) days following written demand by the City to do so. B. INSOLVENT OR BANKRUPT. if Grantee becomes insolvent, unable or unwilling to pay its debts or is adjudged bankrupt or all or any part of Grantee's facilities are sold under an instrument to secure a debt and are not redeemed by Grantee within thirty (30) days from the date of such sale. C. FRAUD OR DECEIT. If Grantee attempts to or does practice any fraud or deceit in its conduct or relations under this franchise with the City, subscribers, or potential subscribers. D. METHOD OF TERMINATION AND CANCELLATION. Any such ter- mination and cancellation of this franchise shall he by ordinance adopted by the City Council; provided, however, beCore any such ordinance is adopted, Grantee must he given at least sixty (60) days ' advance written notice, which notice shall set forth the • causes and reasons for the proposed termination and cancellation, shall advise Grantee that it will be provided an opportunity to be hetr3 by City Council regarding such proposed action before any such a.:rion is taken, and shall set forth the time, date, and place of the herring . In no event shall such hearing be held less than thirty (30) days following delivery of such notice to Grantee. E. FORCE MAJ_EURE. Other than its failure, refusal, or inabi- lity to pay its debts and obligations, including, specifically, the payments to the City required by this ordinance, Grantee shall not be declared in default or be subject to any sanction under any pro- • vision of this franchise ordinance in those cases in which perfor- mance of such provision is prevented by reasons beyond its control. Section 24 . SEVERABILITY. If any provision, section, subsection, sentence, clause or phrase of this ordinance is Eor any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity of the remaining portions of this ordinance. It is the intent of the City in adopting this ordinance that no portion or provision thereof shall become inoperative or fail by reason of any invalidity or unconstitutionality of any other portion or provi- sion, and to this end all provisions of this ordinance are declared to be severable. -LO- 11 /l4"a s Section 25. ACCEPTANCE OF FRANCHISE ORDINANCE. Within thirty (30) days from the effective date of this ordi- nance, Grantee shall file with the City a written statement in the following form signed its name and behalf: "To the Honorable Mayor and City Council of the City of Southlake, Texas: For itself, its successors and assigns, Cablevision Management, Inc. hereby accepts the attached ordinance and agrees to be bound by all of its terms, conditions, and provisions. CABLEVIS[ON MANAGEMENT, INC. (1 D BY:JL !/ 7 uJL✓ /IMIA6 c_. / President" PASSED, ADOPTED AND APPROVED, this the / day of/r , 1985. APPROVED: CITY OF SOJUTHLAKE,/ TEXAS"' 1 l / /' , • • By: ( (I{ ;`/L/�r iL�It^J ..�11 ATTEST: ! • 'Sandra L. LeGrand, City Secretary (SEAL) APPROVED: City Attorney -11- //fir-a6 EXHIBIT "A" Rates for Service Basic Service Charge - One Outlet $11.75 monthly (with or without one converter) Additiona) Outlets $ 3.50 month * Additional Converters $ 4.00 month * Remote Control Units $ 3.00 month * Installation Charge (Aerial) $24.95 ** Underground Installation $35.00 •*• Late Payment Charge $ 5.00 Premium Service Channels $10.00 month per channel * Pay Per View Will vary per event • Refundable Converter Deposits for second and subsequent converters $25.00 each * Plus 3% franchise fee For first 250 feet of aerial extension *** For first .100 feet underground; $.15 per foot thereafter 7(, " -0. 7 City of Southlake,Texas MEMORANDUM January 28, 1993 TO: Curtis E. Hawk, City Manager FROM: Chris Terry, Asst. to the City Manager SUBJECT: Modifications to the Southlake Municipal Camping Ordinance No. 577 that would provide for a system under which permits could be issued to permit camping for limited periods, under specific conditions. Last City Council meeting Mr. Roy Stacy appeared at the City Council work session to discuss the City's enactment of a camping ordinance which prohibits overnight camping except in designated areas. Mr. Stacy appealed to the City Council to reconsider the camping ordinance, particularly as it pertains to overnight camping at the Flea Market located at White Chapel and S.H. 114. Mr. Stacy expressed his belief that the Flea Market should be "grandfathered" from the provisions of the ordinance. At the request of several City Councilmembers an item has been placed on the agenda to discuss the issue and perhaps redirect the staff. Vi CT/k / /e- r J IY r w oNN 365W U U 3 Nzm W U U LL1 Q 0 w U O V) �.:.. v Q .E NLLJ W m w a m� a- 0, ; � O�•- U I n 1x 0 z Y I 3 x IA - In 1 tN w U V a 0 ix O V) z I x z w a w U I � O m z y F I U S x I EX. 8" ATE LINE �4 \I ft,-. j 6 . NOTES TRIAL FACILITY HEA Vie r ,`�F WOODED UNDEVELOPED 1 ANINEX STING D AND ZO EDDALDENUS G* AGRICULTURAL,, PROPERTY REQUESTED ZONED AG AGRICULTURAL LAND USE PLAN - MEDIUM DENSITY RESIDENTIAL /, ZONING "S-P- DETAILED SITE PLAN FOR CURRENT RE U AND FUTURE WITH EXISTING BUILDINGS AND FUTURE ,"9L PLANNED BUILDINGS. - ( FUTURE SECONDARY � \ • f f f w " - - - - -. TRt COUNTY EASEMENT- - - - - - -\ S 89 2 7 2 5 E 4 - - „"G ��- 2. ALL DUMPSTERS SHALL BE SCREENED ON FOUR SIDES. 1 /2" I.R.F. ACCESS GATE _ _ _ _ _ _ _ _ _ _ _ \ O 3. VARIANCE REQUESTED FOR MASONRY REQUIREMENTS. _� unuTirE EN _______ 0 - - - - - - - - - - - - - ,, - - - oasnNc s aiA LsrE FENCE w�TN eARe�o r�RE _ - - - 7 -�q 15' SIDE YARD SETBACK - � \ � - _ - _ - _ - _- - - _ _ _ - _ _ - -\ �\ \\ �� 4. ALL PARKING SHALL BE OF AN ALL WEATHER SURFACED FUTURE.. 'µ _ )(` MATERIAL. 21 zo DRIVEWAY�6; FIRE LANE \\ \ 5. VARIANCE REQUESTED FOR BUFFERYARD REQUIREMENTS. fOIE-T--7�t T--J1�-T-I' "T-r'1- � . 'e \ I I 1 1 113 FUTUREI PARRAVG i 8' 1 t 1 ry ,,(�� / - 1\ \ \ �J' 6. MAXIMUM HEIGHT 35 FEET, 2 1 /2 STORIES. - - _ z GRASS `�w wS, W 7. SEE SUBMITTED PHOTOGRAPHS FOR ARCHITECTURAL w w ELEVATIONS OF EXISTING BUILDINGS. BUILDING EXPANSIONS - - I ' A„ _ AND FUTURE PRODUCTION BUILDINGS WILL BE OF THE SAME N U - _ _ .. �t r, �.QQ \ TYPE AND STYLE. , ` ' - R K i N O < w *PRIOR ' TO CONSTRUCTION OF PHASES 6 ac 7 �. ` ._�� \ 20' FIRE LANE ` I \ < - - ,� �\ 8. EXISTING OUTSIDE STORAGE WILL BE PHASED OUT WITH o EXISTING SEPTIC FIELDS WILL @E ABANDONED 0, �- BUILDING EXPANSIONS. 6 _ - r Z AND CONNECTION WILL BE MADE TO AN APPROVE140.00' D °�° \ \ \ 'O- - o SANITARY SEWER OR THE SEPTIC FIELDS WILL BE RELOCATED I r \ z 1 -Y - - - - < a } _ - 4" \ \ \ F9 SCHEDULED CONSTRUCTION r _T w I \ \ \ 1 EXISTING OFFICES 1961-1992 . o - - - 1 1 �. FUTURE G £ \� \ 9'�o do WAREHOUSES 00 - - - �_ I i 1 UCTION BUILDIN \ \\ sF O ' �^ 2 WAREHOUSE EXPANSION 1993 O 6 QQ _ _ _ „ GRASS �-- © I PRODUCT S ,Ft. I r \ �-y 3Q SECONDARY CONTAINMENT 1994 N N C; �- -1 I 8 14,000 q I I \ � Z b. 1 1 MIN:' o I I \ O 1994 FF. 585 8 \ 4 NEW DRIVEWAY do < Z r L- �) I o I COVERED DOCK WATER WAREHOUSE EXPANSION ' 1995-1996 LP GAS WELL I I NEA & BLDG. RELOCATION �(1L Q...... Z TANK w �\ £ CALL* _. 1 ' EN C►,� I ! ' 0� ©FUTURE PRODUCTION 1999-2000 K_.:. - a z DIR. LIGHT-= WATER, I !. TO BUILDING a TANK I O PRODUCTION 2000 2004 K 140. '� I C MATH PUMPER TRUCK/ - - EXISTING BR .....,-.-- Hooa-+� � ..... _..�.� . _ eo.00 5� I I ��`"� \ BUILDRNGP o _.... `..3 BUILDING COVERED' OFFICE 1,3 E)OST. PARK04G O !i PARKOIG SPA I \ ® 0 Z r 2,325 Sq•Ft• PARKING Y � (GRAVEL) t i 11D REMAIN UNTIL \ _ _ [5PARWNG O 10' SPACINGS L \ w \ a 3' X 10' X 4.5' SPILL ® DOCK M...,._..:.... I w \ s \ CONTAINMENT INLET - _ - �'� \\ o \ Z ✓ HC HC S ARK G 9' z . _ SaIL CporA1NM l ® EN _ T R C. O �, E 36" __�... _ 3 a FIRE w ° P IN LAN 1. 5' ii o' x 10' \ \ ._..........�_ _:I BOXTAINMENTO \ 1"I"IFHN � ASPHALT RETE �. .. _ FLE LIGHT POLE CONCPAVEMENT MAINLANE FIR � I I� JIMM\PE C. HC\LEY rENTRANCE E STING GATE FU*rjJg; VOL. 2361 IkG. 762,\D.R.D.C.T. 'SIGN I MAI ENTRANCE x SP a PARKING O 8' SPACINGS s P N. PRODUCTION O O .. � w, \ BUILDI �... UNDE OPED\ GAL. _ _ 10.000 GAL. r Ft. 4 I ZONED "AG" A,GRICUL RAL GRASS y SS r- ; T K 10,00o GAL 5 ; 14,000 Sq, I 1 LAND USE PLAN - MEDIUM DENSI Y RESIDENTIAL r l GRASS I I , v & 1 10.E GAL A AO ►� � MIN. FF• 5 . f I \\ \ �� I EXISTING �''' b ` �5 t € I I SITE �ATA \\ i i [10:OO GAL 50.E G o0o GAL 25 1 GROSS DATA 277�586 S.F. 3725 ACRES ,CON AENTEM TANK o I I ROW DEDICATION 1,86 S.F. 0429 ACRES o j' -ION QF.. - i 0 04EM. T g C 'z f ` ® NEW LOCA ; � w � ;` METAL BUILDING 12.000 I NET AREA LOT 1 275,7A7 S.F. 6. 96 ACRES i Q r EXIST• t O 1 { I I \ o 2,300 Sq Ft:, covEREo MENT 1 N = LOADING SECONDARY CONTAIN ► \ TOTAL FINAL \ \ w x F �• N I I BUILDING COVERAGE 80,384 S.K. 29.2X\ LOT 1 W X ;' - - - COULD ` 4 DOCK T, AREA \ LOADING OPEN CONCRE _ „ .. ERED 0 9.6X 0 LOT 1 0 , DOCK `COV ' I RF'dE - 3 TANK AREA 30 `� 80.0d \ ETF- 1 N� O 3 j� r CON 1 r 20b 5 EXISTING EMERGENCY RAMP 1 I` 0 27.74' �-- - - - ON SHowERrJ �, 15' } -- EXPANS CONCRETE y 29 TR U C', mi • Y BUILDIN S .Ft. ........ � VEMENT WELL � 3 41500 • 3 1 EXP SIGN DIR. LIGHT` o o ING t I O 30.87 BUILD Ft. DIR. LIGHT 14,106 Sq' SNED I I IkJ1I , EXISTING METAL m w z I ® BUILDING �' ... NK w I U S Ft. o LP GAS TA �, N I I O z Uj.. 10,345 q m 2 I _Z 4 � I� �IIw W J N METAL DIR. LIGHT _: } Z� W � EXISTING ...... Y f I z� BUILDING / < 9 GRASS N cc < I IO m 2'243 sq.Ft. 4 / / 1 O 1 �• I I IGNCN I y f o I DIR. LIGHT DIR. LIGHT III EXISTING 6' CHAIN LINK FENCE METER, WITH BARBED WIRE 182.26' ONCRETE FLUME C o BUILDING EXP 39.0 ' , 3575 Sq C7 D N 194.46' GRASS I 1 _._ 4 3 GRAVEL DRIVEWAY� TO R€MAIt UNTILCO N 25' BUILDING LINE ` - - - - - - - - - - - - - - - - - - - - -- - - - - - R 2 1 GRASS WOOD FENCE DUMPS - _; 1 . O. B. , � ActCESS b - - - - - - - GRASS - - - - � - - - - - R �-�C. -D�D I-C�,� O� - � - ,,,-� - - - - - - --I 20' TRI COUNTY WITH GATE - > » I POWER EASE F FUTURE L 21 2. 73 _�„ R = 29 5. 00' S 88 41 59 E �: _ _., 176.25' EASEMENT FUTURE 12" WATER LINE �3. F H EXIS G 6' CHAIN L K FENCE WITH B ED WIR - - - `, BY OTHERS 0• ":.. _ rs;.:.::.. f f FUTURE 2" WATE LINE BY OTHERS f---------- - -- 1 2 L R.F. N 8 9 "0 9.' 3 6 _..... W_...,w _„ w ,.. -,:_ -- - _-.,_ _._...__ . �� L 540.82 ._ Z, u SIGN'`e SIGN IK) EMERGENCY ACCESS GATE n 't 0: T R 0ADL_____j BO--B - W C.L. EXI TI G PAVEMENTOIL �•�wT- rnIlk - - _---- - APPARENT SOUTH RIGHT-OF-WAY (BASED ON 1 SOUTH OF EXISTING POWER POLES) O _� __ _ - -- -�--., .' - M - TEL� ..:.RISER ..� ...w .M _: UNDEVELOPED � I TE . RISER SIGN ZONED "AG" AGRICULTURAL LAND USE PLAN - MEDIUM DENSITY RESIDENTIAL TROPHY CLUB ESTATES NoR��%Zr ST A k� WESTIJAKE LEGEND © LOADING SPACES # j EXTERIOR SPEAKERS AREA LIGHTING CSC DIRECTIONAL LIGHTING DOORWAYS �---� OVERHEAD DOORS DUMPSTER © PHASE NUMBER SITE LOCATION 808 JONES ROAD g g M :1 I", :g -, VICINITY MAP LEGAL DESCRIPTION w a Q (&& NW7 NOT TO SCALE 30 15 0 30 60 SCALE FEET SCALE: 1" = 30' BEGINNING at a 1 /2" diameter iron pin found at the southwest corner of said DALDEN tract, said point also being the southwest corner of a 52.57 acre tract conveyed to GENERAL TEXAS CORP. as described in volume 1293, page 439, said deed records, said point also being located at the intersection of the north right-of-way line of Bob Jones Road, a public right-of-way of undetermined width, and the east right-of-way line of T.W. King Road, a public right-of-way of approx. 65 ft. in width; from said POINT OF BEGINNING the southeast corner of Lot 1217, Trophy Club Addition, Section 10, according to the plot recorded in Cabinet B, Slide 189, D.C.D.R., bears N 89' 09' 36" W, 66.59 feet and N 00' 44' 18" E, 71.75 feet; THENCE N 00'32'30" E with said east right-of-way line, 520.80 ft. to a 1 /2" diameter iron pin found at the northwest corner of said D LDEN tract; THENCE S 89'27'25" E departing said right-of-way line and with the north boundary line of said DALDEN tract, 451.72 ft. to a 1/2" diameter iron pin found at it's northerly northeast corner; THENCE S 38'48'29" E continuing with said DALDEN boundary, 140.63 ft. to a 1 /2" diameter iron pin found at it's easterly northeast corner; THENCE S 00'33'05" W with the east boundary line of said DALDEN tract, 414.86 ft. to a 1 /2" diameter iron pin found in said north right-of-way line of Bob Jones Road, said point being the southeast corner of said DALDEN tract; THENCE N 89'09'36" W with said right-of-way line, 540.82 ft. (DEED CALL 538.80 FT.) to the place of BEGINNING and containing 6.3725 acres of land as surveyed on the ground in the month of November, 1992, by EVERAGE CONSULTANTS, INC. DALDEN CORPORATION SITE PLAN FOR AN "S-P-1" ZONING REQUEST FOR LOT 1 R.D. PRICE Mn. 992-D ADDITION BEING A 6.3725 ACRE TRACT OUT OF THE R.D. PRICE SURVEY,ABSTRACT NO. 9920 CITY OF SOUINLAKE, DENTON COUNTY, TEXAS JANUARY 26, 1993 n��,� JAN 2 6 1993 OWNER/DEVELOPER - JU UL 3 DALDEN CORPORATION 4285 T.W. KING DRIVE SOUTHLAKE, TEXAS 76092 orsUL TANTS P.O. BOX 1865 ENGINEERS•PLANNERS•SURVEYORS GRAPEVINE, TEXAS 76051 METRO(817) 430-4288 2630 West Freeway. Suite !00 FAX (817) 491-3809 Fort Worth, Texas 76102 Metro (817) 429-7560 ATTN: GARY REED, FAX (817) 429-9322 VICE PRESIDENT OPERATIONS EC#910034 STATE OF TEXAS )( COUNTY OF DENTON )( 1222 1221 Zp 1220 F� U 0 � � �Q00 V V Zn CL w 1219 t" U 1218 1217 1216 1209 3' WHEREAS, DALDEN CORPORATION acting by and through the undersigned, 'TROPHY CLUB. BOB JONES ROAD its duly authorized agent, is the sole owner of a tract of land ESTAM o R T situated in the R.D. PRICE SURVEY, Abstract No. 992, county of Denton, $ according to the deed recorded in Volume 2361, Page 762 of the Denton County Deed Records, and being more particularly described =) CORP. OF as follows; $I ENGINEERS SOUTHLAKE GRAPEVINE BEING A 6.3725 ACRE TRACT OF LAND SITUATED IN THE RESERVOIR R.D. PRICE SURVEY, ABSTRACT NO. 992, DENTON COUNTY, TEXAS. I PROJECT / BEING THAT SAME TRACT CONVEYED TO DALDEN CORP. AS DESCRIBED TRACT 7A IN VOL. 2361, PG. 762, DENTON COUNTY DEED RECORDS, SAID 6.3725 ST I I / ACRE DALDEN TRACT BEING FURTHER DESCRIBED BY METES AND BOUNDS k� DAVID E. COX AS FOLLOWS; WE3TI.An 1 VOL. 1982, PG. 254, D.C.D.R. 50 25 0 50 100 BEGINNING at a 1/2" diameter iron pin found at the southwest corner I / Omni of said DALDEN tract, said point also being the southwest corner of VICINITY MAP I I / SCALE FEET a 52.57 acre tract conveyed to GENERAL TEXAS CORP. as described in I volume 1293, page 439, said deed records, said point also being located DW. 2' TR1-ten' �+ at the intersection of the north right—of—way line of Bob Jones Road, POVIER EASEMENT SCALE: 1 = 5 0 (VOL. 172Z PG. 514, D.C.D.R.) a public right—of—way of undetermined width, and the east right—of—way I line of T.W. King Road, a public right—of—way of approx. 65 ft. in width; 1/2- I.R.F. from said POINT OF BEGINNING the southeast corner of Lot 1217, S 89027'25" E 451.72 r— — — — — — — Trophy Club Addition, Section 10, according to the plat recorded in — — �— — — — — — — — — — — — — — — — �► \ Cabinet B, Slide 189, D.C.D.R., bears N 89' 09' 36" W. 66.59 feet 31.1' —-------------------------------- ---7 ---\ \ /2• I.R.F. W u1%JTY EASEMENT — — — — — — — — — — _ , \ and N 00' 44' 18" E, 71.75 feet; W ' OD a O 0 N F 5 I I W U ' Q 0 C� Z � I Y � F— W1 M) cV M I g ZI I I �\ ROW ' 1869 SO. FT. R.O.W. DEDICATION (30' OFF C.L. BOB JONES ROAD) — — 1/2, I.R.F. "ST. 20' TEMPORARY CONSTRUCTION EASEMENT (VOL 2361. PG. 762 D.R.D.C.T.) S' u11UTY EASEMf1/TJ \��\ N 38'47'41' W - 139.53' N 28'02r E - 22 \ \ 1/2- I.R.F. \ � s It EXIST. 20' TRI-COUNPOWER TY to \ \ 00 (VOL 1 EASEMENT D.C.D.R.) LOT 1 I \\ \ 6.3725 ACRES GROSS I \ \ n nt'74 ACRF'S R_O_W. DEDICATION 6.3296 ACRES NET 25' BUILDING UNE al \ \ \ TRACT 7 o \ t I JIMMIE C. HOLLEY VOL. 2716, PG. 887, D.C.D.R. I 13 1_ I I� M to f EXIST. 20' TRI-COUNTY I In POVAUt EASEMENT I (VOL 1722. PG. 514, D.C.DJ L) I' I� Si es*1o'OO' w — — --00�——4.666: i'SIGHTN 89'09'36 W 540.82I------------------ u MTRIwaEEA BOB AONES ROAD 1/2' I.R.F. — N PROPOSED 60' R.O.W. m� b+ _ (EXISTING RIGHT—OF—WAY WIDTH VARIESZ C.L EXISTING PAVEMENT _ — — N — — APPARENT SOUTH RIGHT—OF—WAY (BASED ON 1' SOUTH OF EXISTING UTILITY POLES) POINT OF BEGINNING G. D. GILBERT NOTE: THE OWNERS OF ALL CORNER LOTS SHALL MAINTAIN SIGHT TRIANGLES IN ACCORDANCE WITH THE CITY SUBDIVISION ORDINANCE. THENCE N 00'32'30" E with said east right—of—way line, 520.80 ft. to a 1/2* diameter iron pin found at the northwest corner of said DALDEN tract; THENCE S 89'2725" E deporting said right—of—way line and with the north boundary line of said DALDEN tract, 451.72 ft. to a 1/2" diameter iron pin found at it's northerly northeast corner; THENCE S 38'48'29" E continuing with said DALDEN boundary, 140.63 ft. to a 1/2" diameter iron pin found at it's easterly northeast corner; THENCE S 00'33'05" W with the east boundary line of said DALDEN tract, 414.86 ft. to a 1/2" diameter iron pin found in said north right—of—way line of Bob Jones Road, said point being the southeast corner of said DALDEN tract; THENCE N 89'09'36" W with said right—of—way line, 540.82 ft. (DEED CALL 538.80 FT.) to the place of BEGINNING and containing 6.3725 acres of land as surveyed on the ground in the month of November, 1992, by EVERAGE CONSULTANTS, INC. NOW, THEREFORE. KNOW ALL MEN BY THESE PRESENTS: THAT, DALDEN CORPORATION by and through the undersigned, its duly authorized agent, does hereby adopt this plot designating the herein above described real property as LOT 1, R.D. PRICE NO. 992—D ADDITION, an addition to the City of Southlake, Denton County, Texas, and I do hereby dedicate to the public's use the streets, and easements shown thereon. WITNESS my hand at Southlake, Denton County, Texas this the day of . 1993 GARY REED, VICE PRESIDENT OF OPERATIONS DALDEN CORPORATION THIS IS TO CERTIFY THAT 1, J.M. TED EVERAGE, A REGISTERED LAND SURVEYOR OF THE STATE OF TEXAS, HAVING PLATTED THE ABOVE SUBDIVISION FROM AN ACTUAL SURVEY ON THE GROUND, AND THAT ALL LOT CORNERS, ANGLE POINTS, AND POINTS OF CURVE SHALL BE PROPERLY MARKED ON THE GROUND, AND THAT THIS PLAT CORRECTLY REPRESENTS THAT SURVEY MADE BY ME OR UNDER MY DIRECTION AND SUPERVISION. J.M. TED EVERAGE, SURVEYOR TEXAS REGISTRATION NO. 2762 THIS PLAT FILED IN CABINET _ SUDE DATE: PLAT RECORDS, DENTON COUNTY, TEXAS STATE OF TEXAS )( COUNTY Of DENTON )( BEFORE ME, the undersigned authority, on this day personally appeared GARY REED, Vice President of Operations, of DolDen Corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the some for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE on thes the day of , 1993 Notary Public Commission expires A PLAT SHOWING OF LOT 1 R.D. PRICE NO. 992-D ADDITION BEING A 6.3725 ACRE TRACT OUT OF THE R.D. PRICE SURVEY, ABSTRACT NO. 992, CITY OF SOUTHLAKE, DENTON COUNTY, TEXAS JANURARY 15, 1993 JAN 2 6 1993 OWNER/DEVELOPER DALDEN CORPORATION 4285 T.W. KING DRIVE SOUTHLAKE, TEXAS 76092 P.O. BOX 1865 GRAPEVINE, TEXAS 76051 METRO(817) 430-4288 FAX (817) 491-3809 ATTN: GARY REED, VICE PRESIDENT OPERATIONS VOL. 2361, PAGE 762, D.R.D.C.T. VERA �E ONSULTANTS ENGINEERS- PLANNERS• SURVEYORS 2630 West Freeway. Suite 100 Fort Worth, Texas 76102 Metro (817) 429-7560 FAX (817) 429-9322